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Home My WebLink About03-22-1990 Council PacketPublic Attendance 3. jj:?,Meeting D ate □□□ C ouncil Planning C ommission Park C ommission Other .m.. KEQUESTED BEWW toR OUR CTTY RE^RDS • NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. ■3k f~r ^v ( V ^ 1 ' i ' .A /.V < (. .vu.^-v ± jy^^lca-YL 3^0l\jypLu 4.W7^C ton 6.. 7.. 8.. 9. 11.. 12. ^21 13.. 14. • y AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 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 one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are av^lable in the Public Packet - located on the counter near the sign in sheet. COUNC'l ROLL CALL yX'. 7:00 P.M. - PUBLIC HEARING COUNC'l MAR 5 2 >999 Ul IY Ol- unUiMO On Sale and Sunday Liquor License Spring Hill Golf Club at 725 Sbcth Avenue North 2. Presentation by Scott Thomas - Candidate for Member of MCWD Board of Managers CONSENT AGENDA 3. Approve/Amend APPROV.4L OF MINUTES * 4. Regular Meeting of March 8, 1999 * 5. Special Meeting of March 16, 1999 / PARK COMMISSION COMMENTS - Peter Wells, Representative / PLANNING COMMISSION COMMENTS / PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT WITH Gary Tucker, 3466 Ivy Place - Variance - Resolution —i, #2451 Lyle and Gretchen Shaw, 1780 Shadywood Road - Variances - Resolution #2458 Zoning Code Amendment - LR-lC-1, One Family Lakeshore Residential - Ordinance #2465 Robert Erickson, 364 and 372 Westlake Street - Lot Line Rearrangement MAYOR/COUNCIL REPORT ENGINEER REPORT *.10. Notice of Assessment Hearing - Orono Orchards Sanitary Sewer Project - Resolution i 11. Request for Payment #5 - Navarre Water Treatment Rehabilitation Baldur Park Sewer Project Easement *-13. Hennepin County Road 15 Restriping Project in Navarre '*■ 14. Order Plans and Specifications for Stubbs Bay Road Cul-de-sac CITY ADMINISTRATOR’S REPORT Hamm Sewer Request - 485 Orono Orchard Road * 16. Insurance Agent of Record Agreement Extension *.17./ 1999 Insurance Bid Award W. City's Official Comments to Mn/DOT Regarding the Highway 12 Preliminary Layout .^19. Approval of Seasonal Golf Course Employees ^ 20.. Resolution Supporting Repeal of the State Sales Tax for Local Government Purchases ^ Appointment of a City Contact Person to the Orono School District's Healthy Communities/Healthy Youth Program AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 22,1999,7:00 P.M. ORONO COUNCIL CHAMBICRS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA ^ 22. Letter of Support for WeCan Request for CDBG Funds Scheduling a Meeting with Townline Road Residents Regarding Options for Townline Road ji 24. Receipt of the Certificate of Achievement for Excellence in Financial Reporting - 1997 Financial Report (Infomiation Only) * 25. Resolution Authorizing the Taking of Land by Eminent Domain for Easement Purposes for Access to the Saga Hill Park Area ’ Tc->i CITY ATTORNEY'S REPORT * 26. LICENSES * 27. BILLS UPCOMING ISSUES AND EVENTS 1999 03/22 03/25 04/05 04/07 04/12 04/19 04/24 04/26 04/28 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. Spring Cleanup Day Council Meeting, 7:00 p.m. Board of Review, 7:00 p.m. I*!- • i: ' t COUNCIL MEETING MAR 2 2 tW REQUEST FOR COUNCIL ACTION CJfY OF UHONO DATE: March 18,1999 ITEM NO: Department Approval: Name RonMoorse THk City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Presentation by Scott Thomas Candidate for MCWD Board of Managers Attached is a letter from Scott Thomas who is a candidate for the open position on the MCWD Board of Managers. Mr. Thomas has requested the opportunity to briefly address the Council regarding his candidacy and to request a letter of support from the City Council. Staff is not aware of other candidates for the position at this time. Staff will obtain that information prior to the Council meeting. The Council may want to delay a decision regarding support of Mr. Thomas until it has had a chance to review the qualifications of other candidates. COUNCIL ACTION REQUESTED: Motion regarding a letter of support for the candidacy of Mr. Scott Thomas for a position on the MCWD Board. March 18,1999 RECEIVED MAR 1 8 1999 011'Y OF OROMO 4801 Minneapolis Ave. Minnetrista, MN 55364 Mr. Ron Moorse City Administrator City of Orono Box 66 Crystal Bay Rd. Orono, MN 55323 Dear Mr. Moorse: As you know, Mr. Tom Maple has resigned from the Minnehaha Creek Watershed District. Hennepin County is currently seeking candidates for the open board position. I have applied for the open position and would like to ask the City of Orono for a letter of support. The issues the MCWD had to deal with during the first twenty years were quite different from those of the last 10 years. In the late 1960’s, just prior to the formation of the MCWD, lakes were severely damaged from unrestricted flow of highly polluted water into the watershed. The primary culprit was point source discharges, such as overflows from wastewater treatment plants. The MCWD along with City, County and State governments worked together to solve the problem. Due to the severity of the pollution, the focus for the MCWD was in dealing with the existing poor water quality of the watershed and the improvements were significant during that first 20 years of the MCWD existence. The story is different over the last 10 years. There still are lakes and bays that have degraded water quality. These water bodies have been identified and solutions proposed. However, much of the remaining damage is from non-point source pollutants. The large capital improvement type fixes are not as effective resulting in the cost for pounds of pollutant removed skyrocketing. Meanwhile, the MCWD has moved away from working with the cities within the watershed to imposing rules that restrict/punish certain behavior. This has created an adversarial relationship between the parties who need to work together to solve the upcoming problems. There is a need to review the watershed management strategies being used by the MCWD. With the governor’s call for an efficient mass transit system within Hennepin County and the extension of Hwy 12 west of Wayzata, both the upper and lower portions of the watershed is going to undergo substantial development Letter to City of Orono March 18,1999 Page 2 over the next 20 years. It Is critical that the MCWD focus on managing the future of t -i watershed as well as looking at its present needs. The MCWD has to work on: • Building trust with the watershed cities. Partnerships need to be made with each city to review development plans and anticipate impacts on the watershed. • Reduce emphasis on rulemaking and enforcement. Rulemaking should only be used where federal, state, county or city laws or ordinances are not sufficient. It would be better to work with other government units to influence modification of existing laws rather than create new rules. • Develop plans In concert with other government units. County and State planning departments have strict requirements regarding construction of water quality structures as part of their projects. The MCWD should be looking at possibilities for joint ventures instead of having sole ownership of orojects. • Develop a five and fifteen-year management plan based on consistent criteria. The watershed has to adopt unbiased criteria for selecting projects to fund and the plan should be followed. The MCWD should seek City and County concurrence prior to adopting the plan. • Consider other issues affecting the watershed. Milfoil now inhabits every lake in the watershed. It is a serious issue that needs attention. Zebra mussel infestation is on the horizon and its impact is uncertain. The MCWD needs to work with other government units to address these problems. Once again, I hope I can count on your support. With my professional background as a civil engineer dealing with environmental issues, I can help shape the direction of the MCWD to meet its future challenges. I would be glad to meet with you or address the Ciiy Council at your convenience. If you have any questions about anything, please feel free to call me at 330-6939. Sincerely, C. Scott Thomas. Attachment; Resume 4 ~r^ ■ RESUME OF CHARLES SCOTT THOMAS Address: Phone: 4801 Minneapolis Ave. Minnetrista. MN 55364 Home: Work: (612) 472-2018 (612) 330-6939 Work History: 1986-1988 1984-1988 1979-1984 Education: 1984 1979 Project Civil Engineer1988-Present: • Northern States Power Company: Minneapolis, MN Responsibilities include design and management of NSP ash waste disposal facilities, project engineer for the St. Anthony Falls Hydroelectric Facility and for miscellaneous projects at NSP’s coal fired generating plants. Twin City Testing Corporation: Principal Civil Engineer St. Paul, MN Responsibilities included design and administration of Geotechnical/Environmentai projects primarily assodated with Northern States Power Company and the U.S. Corp of Engineers. CRS Sirrine/Froehiing and Robertson: Project Civil Engineer Raleigh, North Carolina Responsibilities included design and administration of Geotechnical/Environmental projects associated with clients for the two firms. ATEC Associates/AMAX Coal Company: Civil Engineer Indianapolis, Indiana Responsibilities included design and administration of Geotechnical/ Environmental projects assodated with clients/mines for the two companies. Masters of Science in Civil Engineering, Purdue University, West Lafayette, Indiana Bachelors of Science In Civil Engineering, University of Utah, Salt Lake City, Utah Personal: Married with two children Currently coach of 5”' Grade Boys Basketball, Mound Westonka. COUNCIL MEETING MAR 2 2 1999 CITY Of OHONO REQUEST FOR COUNCIL ACTION DATE: March 16,1999 ITEM NO: / Department Approval: Name LinVec Titk City Clerk Administrator Reviewed:Agenda Section: City Administrator'! Report Item Description: Spring Hill Golf Club Request for On Sale and Sunday Intoxicating Liquor License at 725 Sixth Avenue North Attachments: AfBdavit of Publication Memo from Gary Cheswick, Chief of Police Municipal Code Section 4.02, Subd. 4 (B, C, and D) The Spring Hill Golf Club, which is scheduled to open this Spring, is requesting an On Sale and Sunday Intoxicating Liquor License. Following is a brief description of the licensing process according to the City Code: 1. 2. Application is submitted upon forms prescribed by the City. Payment of initial investigation fee and one-half of the annual license fee. A.Initial investigation fee $ 500.00 B.Annual On Sale Liquor License $4,000.00 C.Annual Sunday Liquor License $ 200.00 3. 4. 5. 6. 7. Review of information submitted, including insurance requirements. Background investigation by Orono Police Department. Within 30 days of the police report and recommendation, a public hearing must be scheduled and notice published to provide an opportunity for public comment. At the close of the public hearing. Council may either grant or deny the liquor license application. If granted, the required information will be submitted to the State for final approval. Upon receipt of the remaining fees due, the City will issue the On Sale and Sunday Liquor License for the balance of 1999. Private golf clubs generally obtain a "Club" liquor license. However, a club license requires the private golf club to be in existence for a minimum of three years. The Spring Hill Golf Club will not meet this requirement until January 21, 2000. To enable the clubhouse restaurant to offer liquor during 1999, the Spring Hill Golf Club has applied for an on sale liquor license. i F Request for Council Action contimied Page 2 March 16, 1999 Spring Hill Golf Club Request for On Sale and Sunday Intoxicating Liquor License at 725 Sixth Avenue North Although an on sale liquor license is to be issued to a restaurant open to the general public, the State Liquor Control Commission has indicated it may be possible to consider club members and their guests to be the general public for purposes of the liquor license. It appears that this has been the case with other private golf clubs recently constructed in the metro area. The Police Department has completed their background investigation and has indicated no objections to granting the license. Fees of $2,600.00 have been paid including: $500.00 for the initial investigation; $2,000.00 as one- half of the on sale liquor license; and $100.00 as one-half of the Sunday liquor license. Section 5.03, Subd. 2 of the City Code allows the fees to be pro-rated on the basis of l/12th for each calendar month. Based on the remaining license period of March 22, 1999 to December 31, 1999, the remaining fees to be paid are $1,050.00. $4,200 (total annual fee for on sale and Sunday license) ^ 12 (months) = $350 $ 350 (fee per month) x 9 (months remaining in 1999) = $,3 150 $3,150 (total due for 1999 license period) - $2,100 (paid with imtial application) = $1,050 Staff Recommendation Although the Clubhouse is still under constmction. Municipal Code Section 4.02, Subd. 4 (B) allows the Council to grant the license and withhold its issuance until the premises have been completed. Per the Building Inspector, the Clubhouse is near completion. The license fee is due as of the date the license is granted. Staff recommends approval of the On Sale and Sunday Intoxicating Liquor License application for Spring Hill Golf Club, 725 Sixth Avenue North, for the period of March 22, 1999 through December 31,1999, with final fees of $1,050.00 to be paid to the City prior to issuance of the license. COUNCIL ACTION REQUESTED: Motion to approve or deny the application of Spring Hill Golf Club for an On Sale and Sunday Intoxicating Liquor License at 725 Sixth Avenue North. ----.-I .j . CITY OF ORONO NOTICE OF PUIUC HEARING NOTICE It hwaby giv«i that tw Orono :<iy Cound wil hoM a pubic hearing at 7:00 m. on Monday, March 22,1999 in Orono My Council Chambara at 2760 KaHay vfcway. Orono, Mbtnatota at which tkna tha My Council will hoar oonnants from tha ublic eeneaming an On Sa:a Liquor Uoansa jpicaiion by Spring Hill Goll Coursa at 725 v«h Avanua North in 6w City ol &ono. Affidavit of Publication All parsons wisNng to ba heard shall appear at Ws tlma. Written comments may ba stAmined to pia City ol Orono, P.0.B01 State of Minnesota. Countv of Hennepin. 66. Crystal Bay. NN SS323. Dated: March 1.1999 Bill Holm, being duly sworn on oath, says that he is By: an authorized agent and employee of the publisher . cityOarh^j newspaper known as THE LAKER, Mound, Mardi*6M999? Minnesota, and has full knowledge of the facts -which are stated below: MUR 0 ® oaoNO A.) The newspaper has complied with all 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 On Sale Liquor Licens e Application which is attached, was cut from the columns of said newspaper, and was printed and published once each week for ____successive weeks: It was first published Saturday the fi__day of March 1999 and was thereafter printed and published every Saturday, to and Including Saturday, tha day of Authorized Agent Subscribed and sworn to me on this March ,19?9 KRISTI HOLM {Jotary public f^bpnnil HOUm PUW.C • MNMISAn iVwIT.V COMMISSION EXPIRES ^^^te IfttbVMat?6i?«» i (1) Lowsst dtsssRmrsTS'paiirtfy’toffintBf^^osers lor comparable space: Si 2.90 per inch. (2) Maximum rate allowed by law for above matter; $12.90. (3) Rate actuaOy charged (or above matter: $7.19 per inch. Each additional successive week: $5.14. i. I S 4.02 B. Hearing. Upon receipt of the written report and recommendation by the Chief of Police and within'thirty days there- after^ the City Clerk shall publish a notice of hearing at least ten days prior to the date set for hearing. The hearing notice shall set forth the day, time and place hearing, the name of the applicant, the place where the business is to be conducted, and such other Information «as, tl^ Council may direct. At such hearing, all persons desiring to be heard shall have such opportunity, and the Council may thereafter grant or deny the license. If the license is granted, the Council may withhold its issuance until the applicant has qualified in all respects for the license. If the premises to be licensed are not complete .at the time that the hearing is conducted, the Council may grant the license but shall withhold its issuance until the premises have been completed in accordance with the representations made by the applicant. The license fee shall be due as of the date the license is granted. If a license has been granted but its issuance has been v;ithheld pending completion of the premises to be licensed, and if the licensee does not proceed with reasonable dispatch to ready the premises, the Council may rescind the action granting the license. Such action shall not be taken, however, without giving the licensee at least ten days notice of the time and place of a hearing on the proposed rescission. •* C. Granting. The Council may approve any applica* tlon for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter. Prior to consideration of any application for a license, the applicant shall pay one-half of the license fee, and the inves tigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the Council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. The City Clerk shall, within ten days after the issuance of any license under this Section, submit to the proper Department of the State of Minnesota the full name and address of each person granted a license, the trade name, the effective license date, and the date of expiration of the license. He shall also submit to the proper Department of the State of Minnesota any change of address, transfer, cancellation, or revocation of any license by the Council during the license period. D. Issuing. If ah application is approved, the City Clerk shall forthwith issue a license pursuant thereto in. the form prescribed by the City or the proper Department of the State of Minnesota, as the case may be, and upon payment of the secona half of the license fee. All licenses shall be on a calendar year basis unless otherwise specified herein. For licenses issued ana which are to become effective other than on the first day of the licensed year, the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises therein described. ORONO CC 68 (3-17-87) ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 COliwr.ii Mf-ETINQ M4R -e 2 1999 ROLL Cl l Y Oh UMONO The Council met on the above-mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, and Richard Flint. Bob Sansevere arrived at 8:00 p.m. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Lanette Wolf Mayor Jabbour called the meeting to order at 7:00 p.m. (#1) CONSENT AGENDA Items 5,6,7,8,9,11,12, and 13 were added to the Consent Agenda. Flint moved, Peterson seconded, a motion to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES (*#2) REGULAR MEETING OF FEBRUARY 22,1999 Flint moved, Peterson seconded, a motion to approve the Minutes of the Regular City Council meeting of February 25,1999, as submitted. VOTE: Ayes 4, Nays 0. (Park Commission comments follow Item #4.) PLANNING COMMISSION COMMENTS - Lili McMillan, Representatwe None PUBLIC COMMENTS None (Items #3,4, and 5 follow the Mayor and Council report.) MAYOR AND COUNCIL REPORT Mayor Jabbour noted that the Council members received a copy of a letter from Barry Petit, Mayor of Wayzata, to Tom O’Keefe and Patti Loken, Mn/DOT regarding the preliminary layout for the Trunk Highway 12 improvement project. Jabbour said that he recently met with Tom O’Keefe to discuss a wider bridge for the Trunk Highway 12 project. The City ’s comments on the preliminary layout for the project are due on March 23rd. There will be a meeting with the County and Mn/DOT on March 18th. P*gel i ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 MAYOR AND COUNCIL REPORT- Continued Jabbour said he is concerned about the granting of an easement between property owners when the City has not approved the easement. He described a recent incident where a house in Orono is being marketed as having riparian rights. The City has taken a position twice tiiat the house is nonriparian. It is Jabbour’s understanding that two property owners have given each other an easement independent of the City. The easement is to obtain a dock on one of the property owner’s land. Jabbour saw a title opinion guaranteeing the riparian rights on the property that is for sale. Gafifron said the easement came to his attention today and he sent a letter to the title company explaining the City’s position that the property does not have lakeshore access. Jabbour said the City has adopted an ordinance which says that docks are an accessory structure and if there is no primary structure, there cannot be an accessory structure. He is concerned because property values increase when a lot has riparian access and this easement is in conflict with the City’s ordinance. Jabbour said he has talked with the MPCA about the changes in rules regarding septic systems. Gaffron said that Steve Weckman has been doing a good job of keeping track of the changes in the rules. Jabbour said he does not feel that the Council has been briefed on the changes in the rules regarding septic systems. He said that any system installed prior to April 1,1996, is required to have a two-foot separation, not a three-foot separation. There have been changes in technology and there are new options available. There is a proposal to allow a one-foot separation. He is concerned that homeowners are being pushed to replace systems that do not meet the three-foot separation. Gafiron said that when the two-foot separation rule was passed in 1996, Steve Weckman advised him there were only a small number of existing systems in Orono that would have avoided replacement due to this code change. Kelley said he is concerned about homeowners who changed their systems, used the last avail^le location on their property for a septic system, and then the system fails. Jabbour said the MPCA told him the City can allow non-conforming systems for any length of time, that MPCA rules do not establish a repair timeframe. Page 2 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 ZONING ADMINISTRATOR'S REPORT (#3) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - PRELIMINARY PLAT APPROVAL - DEVELOPER’S AGREEMENT Bill Gleason, representing Brook Park Reahy/Tonka Ventures, was present. Van Zomeren presented the staff report. She noted that there are blank spaces in the subdivider ’s agreement for the dates of revised plan documents to be inserted. She said the applicant would like to build a model home before the road improvements have been completed. Van Zomeren said that Mike Gafifron met with Ceil Strauss, DNR hydrologist. Strauss feels that wetland filling has occurred on the property and there is some restoration that needs to be done. Jabbour asked staff how the City can be sure the restoration is completed. Gaffiron said the DNR has not come to a conclusion as to how much area has been filled and needs to be restored. He said they also have not reached a conclusion on whether the driveway that goes through the middle of the wetlands needs to be removed. He said they did not talk about the cost of the restoration. Van Zomeren said the remaining issues that need to be addressed are the dates in the agreement, the model home and the wetland restoration. She said the agreement makes it clear that the City wants the restoration to occur. Jabbour asked if a letter of credit would be appropriate for the wetland restoration. Moorse said that normally the City’s Consulting Engineer does an estimate of the costs for letters of credit. The applicant and the City’s Engineer should discuss the costs of the wetland restoration, and add the cost to the letter of credit. Flint asked for the developer ’s position on the landscape recommendations made by Dahlgren Shardlow and Uban. Flint feels the recommendations would help soften the appearance of the development. Bill Gleason, representing Tonka Ventures, said he can accept most of the recommendations, but he would like to complete a landscape plan and submit it to the City for approval. He is concerned about the recommendations to rip rap the NURP basin and for a landscaped island in the cul-de-sac because of maintenance issues. Jabbour asked if the purpose of the landscaping design is to protect the neighbors. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 (U3) m08 BROOK PARK REALTY, 3760 SHORELINE DRIVE • Continued Moorse responded that a significant amount of the landscaping is to screen the neighbors; however, the residents in the northern units will look down on a large expanse of driveway and the overstory trees are recommended to provide screening for those residents. Kelley said he would not be comfortable approving this application until all of these issues are resolved. Barrett said the structure of the proposal to settle this matter requires that the applicants give up their lawsuit in exchange for the subdivider’s agreement. With respect to the landscaping plan, on page 8, it says that the subdivider shall submit a plan and the plan shall be reviewed by the City ’s consultant and approved by the City Council prior to a certificate of occupancy being issued. Barrett understands that the applicant has agreed to those terms, so the City Council has ultimate control over the disposition of the landscaping plan. Kelley asked what could be done if the City was not in agreement over the landscape plan. Barrett said the City is empowered by the subdivider’s agreement not to issue a certificate of occupancy. Kelley asked if the City could hold up occupancy for sbc months. Barrett said yes, the City has very strong authority with the subdivider’s agreement. Jabbour asked if the City would be justified to complete the landscaping and assess it to the project. Barrett said if the Council is interested in that option, it should be incorporated in the subdivider’s agreement. Gleason said he would like to submit a landscaping plan, get it approved by the City and install the landscaping at the appropriate time. Jabbour would like to broaden the language in the letter of credit or the escrow agreement so the money for the street could be used for the landscaping. Gleason stud he would be securing funds for the landscaping. He feels that when he applies for final plat approval, that is the time to get the landscaping plan approved. Jabbour stud he shares Kelley ’s concerns and he hopes the developer will work with the City to resolve the issues. Page 4 '■r ORONO CITY COUNCIL MEETB^G MINUTES FOR MARCH 8,1999 (U3) U2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE > Continued Flint said he raised the landscaping issue to ascertain whether the City and the developer are close to agreeing on a plan, but he felt a number of the suggestions made would help to soften the appearance of the development. Flint said he was satisfied with Gleason’s response. Gleason said he needs to take the City ’s suggestions and put together a plan for the City to review. He said most of the suggestions seem to be okay, but he is concerned about the rip rap and the island cul-de-sac. Flint said the Council was concerned about the amount of building and black top and anything the developer can do to soften the appearance will help. Jabbour said he did not think the City would require the rip rap. Kelley said he did not think the island in the cul-de-sac would be a good idea. Van Zomeren said it was not staff’s intention that the island in the cul-de-sac would be required. Jabbour asked if the City Attorney was comfortable with the language of the agreement. Barrett said he is conrfortable that the subdivider’s agreement addresses the issues that have been raised by the Council. He stated that the iq>proval of the preliminary plat is not complete until the lawsuit has been dismissed. Barrett is working with the applicant’s counsel to get the lawsuit dismissed. Jabbour recommended that the following language be added to the agreement: ‘No easement can be granted without the City Council’s approval.” Barrett asked if Jabbour wants the agreement amended to include a provision that prevents easements. Jabbour said there should be boiler plate language in any subdivision that there will be no easements granted without Council approval. Barrett said, in this case, the Council is dealing with a PUD and variances fi*om that zoning require an application before the Council. Jabbour said he is concerned about an easement that is being granted to a neighbor for a driveway. Barrett asked the developer if an easement had been granted to the neighbor for a driveway. Pages L ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 (»3) m08 BROOK PARK REALTY, 3760 SHORELINE DRIVE ~ Continued Gleason said the neighbor has been told he would be given an easement, but it has not been done yet. Barrett asked the developer if there are any other easements that will be granted. Gleason said no. Jabbour said there should be a conservation easement over the wetland. Kelley asked if the developer is planning to install street lights. Gleason responded that street lights will be installed. Kelley asked what the height of the lights will be. Gleason said the lights will meet the City's requirements. Kelley said he is concerned that the lights will be too tall and will not be appropriate for a residential area. He would like to see the lighting plan because he would prefer lower poles and more lights. Gappa said the lighting plan and the landscaping plan will be presented to the Council for approval. Gleason said he is concerned that the estimates by Gappa on which the letters of credit will be based are too high. He would like to base the letters of credit on actual bids, not on the City ’s estimates. Kellogg said the estimates are based on actual bids placed on projects in the community over the past two years. Jabbour said the developer and the City En^neer should resolve this issue together. Gleason said he is concerned about the Plan B Improvements Construction Security as it pertains to the street to be built in the future. He would like a time limit so they are not required to maintain a letter of credit for an indefinite period of time. Kelley agreed with Gleason because the letter of credit may not be valid if the development company is no longer in existence. Jabbour said the City will call the letter of credit if it is not renewed. He said the street may never be built. He asked for staffs recommendation. Page 6 I ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 (#3) U2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued Moorse s£ud staff has been talking about other options for financial security including putting funds in escrow rather than a letter of credit. Jabbour asked if it could be a liability of the homeowners* association. Barrett stud staff has discussed it, but the homes would have to be sold with a built-in waiver of assessment appeal. Gleason said it would be difficult to sell the homes that way. The developers are willing to set the money aside, but there should be a time limit set and either the road is built or the City takes the money. Jabbour asked if the developer and the other Council members would approve escrowing 100% of the value of the road for five years. If the road has not been built, the City would keep the money and the developer would no longer be responsible for building the road. Gleason said that would be acceptable. The Council members indicated this was acceptable to them. Gleason asked if the Council would allow them to build a model home building prior to the road improvements being completed. Jabbour asked if staff had any problems with the model home being built. Van Zomeren said staff did not have a problem with it, but wanted to know which building the developer wanted to use as the model home. Gleason said it would be the one closest to Livingston. Sansevere arrived at 8:00 p.m. Jabbour said he could approve the model home closest to Livingston. Kelley asked if construction of the model home would be started after final plat approval. Gleason said the model home would not be started until the final plat has been approved and recorded and the letters of credit are in place. Flint referred to page 6 of the subdivider’s agreement. He questioned whether “5(W'o of the cost ” on the third line should be 150%. Page? r ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 (U3) U2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued Moorse explained that 50% is correct, but indicated the language will be revised to make it more clear. Kelley moved, Peterson seconded, a motion to approve the Subdivider*s Agreement between the City of Orono and Brook Park Realty LLP/Tonka Ventures, 3700-3760 Shoreline Drive. VOTE: Ayes 4, Nays 0. Sansevere abstained. (#4) #2453 JOHN ERICSON, SR., 1620 SHADYWOOD ROAD - VARIANCES - DENIAL RESOLUTION NO. 4247 Kelley moved, Sansevere seconded, a motion to adopt Resolution No. 4247 Denying Variances Per Municipal Zoning Code Section 10.22, Subdivision 1(A) and (B); Section 10.22, Subdivision 2; Section 10.56, Subdivision 16(L)(1); and Section 10.56, Subdivision 16(C)(6), File #2443. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - Sherokee Isle, Representative Isle told the Council members that there will be a gathering on April 26, 1999 to honor the volunteers. She said the March for Parks event will be held on May 2,1999. The funds raised will go into the Park Department budget. Last year some of the funds raised went toward a basketball court in the Crystal Bay area. (*#5) 1999 JOINT USE DOCK LICENSES Flint moved, Peterson seconded, a motion to adopt Resolutions No. 4248 through 4254, directing staff to issue joint use dock licenses to Big bland Inc., Bohns Point/North Shore Homeowners, Forest Arms Homeowners Association, Fox Hill Homeowners Association, Minnetonka Power Squadron, Pheasant Lawn Homeowners Association, and Walters Port Maintenance and Improvement Association for the period of January 1,1999 to December 31,1999. VOTE: Ayes 4, Nays 0. MAYOR AND COUNCIL REPORT- Continued Sansevere reported that he received an e-mail message from a resident questioning the number of vehicles that are allowed to be parked on a property. In particular, the resident is concerned about recreational vehicles and disabled vehicles. The resident feels that the City puts many restrictions on new home construction and that there should be some restriction on existing properties as well. Jabbour said that the City has a boat storage ordinance. He asked staff to summarize the rules regarding storage on residential property for the Council. Lili McMillan suggested that staff place a reminder regarding storage in the City ’s newsletter. Pages ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 MAYOR AND COUNCIL REPORT- Continued Flint said the City should enforce the rules when there are complwnts from citizens. Moorse said the staff does respond to complaints. He said the City does not have a housing ordinance that requires residents to keep houses from becoming dilapidated. Jabbour said that if someone is actually working on cars in a professional maimer, it would fall under the home occupation ordinance and would be regulated. Sansevere said he received a call from Dave Peterson who would like the City to look into metering private wells. Peterson feels his mother’s sewer bill is too high for a single, elderly person. Jabbour said it would be very expensive to install the meters and hire the staff to read the meters. Moorse said it would not be cost efficient. He commented that there is no special rate for a senior citizen. Mayor asked if the sump pump inspections are being done. Moorse said inspections have been done in some areas of the City and very few violations were found. Jabbour said that members of the Metropolitan Council are up for reappointment. He suggested that the City send a letter to encourage the nominating committee to reappoint Maiy Hill Smith and Martha Head to the Metropolitan Council. Jabbour moved, Kelley seconded, a motion directing the City Administrator to contact Martha Head and Mary Hill Smith and if they still want to serve on the Metropolitan Council, to send a letter to the head of the nominating committee encouraging the reappointment of Mary Hill Smith and Martha Head. VOTE; Ayes 5, Nays 0. ENGINEER REPORT (*#6) ORDER PREPARATION OF A FEASIBILITY REPORT FOR BALDUR PARK SANITARY SEWER PROJECT - RESOLUTION NO. 4255 Flint moved, Peterson seconded, a motion to adopt Resolution No. 4255, a Resolution Ordering Preparation of Report on Baldur Park Sanitary Sewer Improvements. VOTE: Ayes 4, Nays 0. Page 9 nffifn-rnriTBiTi ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 (•#7) REQUEST FOR PAYMENT #1 - LIFT STATION 13 REHABILITATION Flint moved, Peterson seconded, a motion to approve Request for Payment #1, to GHT Construction, Delano, MN in the amount of $63,148.67. VOTE: Ayes 4, Nays 0. (*#8) CHANGE ORDER #1 - NAVARRE WATER TREATMENT PLANT REHABILITATION Flint moved, Peterson seconded, a motion to approve Change Order #1 in the amount of $5,500 for painting of the ceiling in the Navarre water treatment plant. VOTE: Ayes 4, Nays 0. (*#9) BID AWARD - 1999 MATERIALS AND EQUIPMENT Flint moved, Peterson seconded, a motion to accept the 1999 Bid Tabulations for Street Material and Equipment Rental. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT (#10) PLANNING COMMISSION REAPPOINTMENTS Jabbour said he was informed today that Lili McMillan has decided not to serve another term on the Planning Commission. He said that recently the Planning Commission has had a difficult time having a quorum for the meetings. He feels that the Planning Commission should think about meeting tAvice a month. He said he is very grateful to everyone that is willing to serve the City. He recommended that staff contact the Planning Commission members whose terms will be expiring and ask them if they can allocate enough time to attend the meetings. Kelley moved, Peterson seconded, a motion to table the appointments for the Planning Commission. VOTE: Ayes 5, Nays 0. Kelley suggested that the Council members solicit citizens that would be qualified to serve on the Planning Commission. (•#11) MARCH FOR PARKS EVENT - RESOLUTION NO. 4256 Flint moved, Peterson seconded, a motion to adopt Resolution No. 2456, a Resolution Establishing May 1-2,1999 as March for Parks Weekend. VOTE: Ayes 4, Nays 0. Page 10 r ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 imi) PURCHASE OF DEFIBRILLATORS Jabbour complimented staff on seeking donations for the defibrillator units. Flint moved, Peterson seconded, a motion to accept the donation of three Survival.* nk defibrillator units and authorize the purchase of two Survivalink automated external defibrillators for a total cost of $4,210.00; and to amend the 19S^ budget to reflect the expenditure. VOTE: Ayes 4, Nays 0. (*#13) AUTHORIZE FUNDING FOR PURCHASE OF SAGA HILL PARK LAND Flint moved, Peterson seconded, a motion to authorize the expenditure of up to $123,300 for the purchase of the additional 8.3 acres of open space property to be acquired in the Saga Hills area, $75,000 of which is to be reimburs^ through the Natural and Scenic Area Grant; and to amend the 1999 Park Fund Budget to reflect this expenditure. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT Attorney Barrett requested an executive session to discuss pending litigation. (*#14) LICENSES Flint moved, Peterson seconded, to approve the following licenses. VOTE: Ayes 4, Nays 0. GARBAGE AND REFUSE COLLECTOR’S LICENSE BFI of North America, Inc. 9813 Flying Cloud Drive Eden Prairie, MN 55347 RESIDENTIAL KENNEL LICENSE Willi Hoyer and H. Zohara 565 Hanlon Avenue Jayne Paasch 2150 Kenwood Way Greg and Nancy Truchinksi 1580 Fox Street SET-UP LICENSE Don Scherven Navarre Lanes, Inc. 3435 Shoreline Drive Page 11 \ ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 (H14) LICENSES - Continued SPECIAL EVENT PERMIT Clyde Gates Foot Race on Luce Line April 10,1999,8:30 a.m. - 10:30 a.m. (*#15) BILLS Flint moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Jabbour moved, Flint seconded, a motion to adjourn the meeting at 8:40 p.m. VOTE: Ayes 5, Nays 0. i ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 12 COUNf''*'- m 2 2 w CITY OF OrtONO MmUTES OF THE SPECIAL JOINT MEETING OF THE ORONO AND LONG LAKE CITY COUNCILS TUESDAY, MARCH 16.1999___________ The meeting was called to order by Mayor Jabbour at 5:32 p.m. Members present; For Orono:Mayor Jabbour and Councilmembers Kelley, Peterson and Sansevere, Staff present: Ron Moorse, City Administrator. For Long Lake:Mayor Bash and Councilmembers Danielson, Gulbranson, Sawyer, and Danielson. Staff present : Joe Lynch, City Administrator, and Jennifer Chaput, City Planner. Members Absent: Councilrnember Flint. The purpose of the special Council meeting was to meet jointly with the Long Lake City Council to review the goals of the Cities and to discuss the initiation of a process to evaluate whether the Cities of Long Lake and Orono should consolidate. 1.City Goals. Mike Bash, Long Lake Mayor, outlined the goals of the Long Lake City Council for 1999. One of the key goals is to address the issue of the consolidation of Orono and Long Lake. Mayor Jabbour outlined the goals of the Orono City Council for 1999. Mayor Jabbour indicated two key goals of the City of Orono are to complete the update of the City’s Comprehensive Plan and to work with the City of Long Lake in relation to issues affecting the future of both Cities. Mayor Jabbour indicated the relationship between the Cities of Long Lake and Orono has changed 180 “ in recent years. The relationship between the Cities is now very positive. 2.Consolidation. Mayor Bash summarized a proposed outline for the discussion of the consolidation issue. Mayor Jabbour indicated that although the Highway 12 issue started out as a divisive issue between the two Cities, it has become a catalyst for bringing the two Cities together. Councilrnember Kelley indicated that now is the right time to consider consolidation. Mayor Bash indicated he and Mayor Jabbour are suggesting that a study commission be put in place to analyze and evaluate the consolidation option. Bash indicated the charge of the Commission is to determine if there is a reason to consolidate, to identify the positive attributes of both Cities and determine if they can be preserved if the Cities consolidate, to look at all options, and to obtain input from all constituencies and stakeholders. MINUTES OF THE SPECIAL JOINT MEETING OF THE ORONO AND LONG LAKE CITY COUNCILS TUESDAY, MARCH 16,1999___________ Mayor Jabbour suggested that members of the Commission should be residents with a broad long-term perspective, and resource people such as City Administrators. Long Lake Councilmember Gulbranson indicated he believes the time is right to consider consolidation, and a decision should be made before the City of Long Lake builds new facilities. He suggests an additional question for the Commission to answer is do both Cities come out of the consolidation stronger financially, socially, politically, etc. Mayor Jabbour suggested that if the municipal borders are eliminated, it could lead to better decisions related to services, land use, etc. because the parochial interests of the individual Cities would be eliminated. Mayor Bash indicated it is his observation that as he looks at all of the problems related to Highway 12 that were caused by not making the decision regarding the location of the Highway thirty-five years ago, he does not want to make that same mistake in relation to this unique opportunity to consider whether to consolidate the two Cities. Moorse indicated it is his understanding that the consolidation process requires a vote of the citizens of both Cities. A question was raised as to whether the citizens will remember the past animosity between the Cities and vote in opposition to consolidation. The question was asked whether "emotional" issues should be addressed by the Commission so that they do not cause problems at a later stage in the process. Councilmember Sansevere suggested that ego can play an important role in a process that involves emotional issues. These issues should be carefully and properly addressed. It was suggested that a representative of the business community serve on the Commission and that if the business people were sold on the concept they could help sell it to the citizens. Mayor Jabbour suggested that the members of the committee should be "pure of heart" bringing no baggage to the process, and should have a broad and long-term view point. Mayor Bash indicated he wanted to ensure that all constituencies have input into the process. Councilmember Gulbranson indicated the business owners feel they should have input regarding issues that affect them. He suggested it would be a good idea to have a business owner on the Commission. MINUTES OF THE SPECIAL JOINT MEETING OF THE ORONO AND LONG LAKE CITY COUNCILS TUESDAY, MARCH 16,1999___________ Mayor Jabbour indicated there is nothing written in stone. This is only the birth of an idea. The Councils would do a disservice to the process if they specifically responded at this time to various comments regarding committee membership. Councilmember Kelley indicated he would like to have an opportunity to talk to the Orono City Councilmembers about the process. It was suggested that all citizens be kept well informed at each and every step of the process. , I Councilmember Sansevere suggested there will be two key questions that people want to have answered early in the process. These are the impact on property taxes and what they new City's name will be. Mayor Jabbour suggested a third issue will be how political representation will be structured. Todd Olson suggested that if answers to some of these early questions could be provided at an early point in the process it would reduce tension and reduce rumors. Mayor Jabbour indicated he would be very upset and disappointed if this process divides the Cities rather than keeping them together. It was suggested that although there are a lot of details related to the possible consolidation, it would be best to start with a concept, a more global approach initially. Create a plan that includes all the puzzle pieces rather than getting to the detail of the puzzle pieces. Councilmember Sansevere suggested the two City Administrators prepare an analysis of the financial impacts within a short timeframe. Mayor Bash suggested that the analysis of financial impacts is a complex issue and requires an analysis of long-term financial impacts as well as short term impacts. Mayor Bash asked whether the Councilmembers from each City needed additional time to make a decision about whether to initiate the consolidation study process of whether they were prepared to authorize the process to proceed at this time. Kelley moved and Peterson seconded that the Mayors be authorized to move forward to begin the process of studying the consolidation of the two Cities including beginning the process of setting up the study Commission. Roll call, ayes, unanimous. Adjournment. The meeting was adjourned at 7:00 p.m. COU^'C^L MEETING MAR 2 2 1999 gu y of orono REQUEST FOR COUNCIL ACTION DATE: 3/18/99 ITEM NO.: Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2227 Gary Tucker 3466 Ivy Place Variance Amendment 2^ning District: Lot Area: LR-IC One Family Lakeshore District (1/2 acre) 15,541 sq. ft. (.356 acres) Application: The applicant applied for a variance in 1997 to make improvements to the existing residence. One of the improvements involved covering a porch that encroached into the required side yard setback. The variance was approved. The applicant applied for a building permit within the required one year period, however, the roof design over the porch has changed to alleviate ice dam concerns. Because the roof design has changed from the approved variance, the Building Official has requested that the Planning Commission and City Council confirm that it meets the intent of the approved variance. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 5 to 0 vote to: Approve the amendment to the variance to allow a change to the roof design. STAFF RECOMMENDATION To approve the requested design change to retain the previously granted variance. COUNCIL ACTION REQUESTED To approve or amend the enclosed resolution. r -J CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 249-4600 ZONING FILE #2227 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; March 16, 1999 TO:Gary Tucker 3466 Ivy Place Wayzata,MN 55391 COPIES TO: TYPE OF APPLICATION;Variance DATE OF MEETING: 3/15/99 VOTE:5 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as; City Council March 22, 1999, meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. X:\APPS\WPWIN60\WPDOCS\CAROLE\PCACnON\2227-2 ----------------------------------------------- •- ■. .H» A RESOLUTION GRANTING AN AMENDMENT TO A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6, SECTION 10.22, SUBDIVISIONS 1 (B) AND 2 AND SECTION 10.56, SUBDIVISION 16 (C-6) FILE NO. 2227 WHEREAS, Gary Tucker (hereinafter "the applicant") is the owner of the property located at 3466 Ivy Place within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, Spring Park, including that part of vacated Lake Shore Avenue lying between the extensions of the north and south lines of said Lot 10 (hereinafter "the property"); and WHEREAS, the applicant was approved for variances (Resolution No. 3891) to Municipal Zoning Code Section 10.25, Subdivision 6; Section 10.22, Subdivisions 1 (B) and 2; and Section 10.56, Subdivision 16 (C-6) to permit a side yard setback encroaching along the north property line 8.2' resulting in a side yard setback of 1.8' and to increase hardcover in the 75-250' setback area to 3,637 s.f (34.3%) where 3,420 s.f (32.26%) exists and 2,680 s.f (25%) is allowed. WHEREAS, the applicant has applied to the City for an amendment to a previously granted variance to pennit a change to the roof line. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. This application was reviewed as an amendment to Zoning File #2227. 2.The property is located in the LR-IC Single Family Lakeshore Residential Zoning District where one-half acre in area is required. The property is sewered. Page 1 of 4 '1 3. 4. The Orono Planning Commission reviewed this amendment on March 15, 1999 and recommended approval of the proposed amendment based upon the following unique findings and hardships: The proposed roof line change would raise the roof line. B. C. D. The concrete front stoop is located over a basement. The subject property does not currently meet the lot area requirements. The revised plan would not increase hardcover or structural coverage on the lot. The approved site plan would not be altered by the changes proposed by the applicant. F. The change to the roof design is to alleviate future problems with ice dams. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. % The plan meets the intent of the approvals granted in 1997, per Resolution No. 3891. Page 2 of 4 i CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants an amendment to the side yard setback variance per Municipal Zoning Code Section 10.25, Subdivision 6 to permit construction of a front entry stoop over an existing concrete slab; per Section 10.56, Subdivision 16 (c) an average lakeshore setback variance to allow a deck to encroach 20' into the average lakeshore setback; and per Section 10.22, Subdivision 2, to allow a hardcover variance in the 75-250' setback area to increase hardcover from 3,420 sq. ft. (32.26%) to 3,637 sq. ft. (34.3%) where 2,680 sq. ft. or 25% is allowed, subject to the following conditions: 1.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this amendment will expire on that date (March 22, 2000). 2.Violation of or non-compliance with any of the terms and conditions of this variance amendment shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of March, 1999. ATTEST: Carole A. Haseman, Deputy City Clerk Gabriel Jabbour, Mayor Property Owner (s) Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of March, 1999 by Gabriel Jabbour and Carole A. Haseman, Mayor and Deputy City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of___^ 199 _before me a Notary Public within and for said county, personally appeared known to me to be Ae 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 ai.d 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:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: SUBJECT: Liz Van Zomeren, City Planner/Zoning Administrator February 26,1999 #2227 Gary Tucker 3466 Ivy Place Zoning District:LR-IC One Family Lakeshore District (1/2 acre) Lot Area:15,541 sq. ft. (.356 acres) Exhibits: A Applicant's statement B Plat map C Survey D Hardcover worksheets E Previously approved elevations F Proposed Elevations G PC Minutes--4/21/97 H CC Minutes~4/28/97 I Resolution #3891 J Permit Record Application:The applicant applied for a variance in 1997 to make improvements to the existing residence. One of the improvements involved covering a porch that encroached into the required side yard setback. The variance was approved. The applicant applied for a building permit with the required one year period, however, the roof design over the porch has changed to alleviate ice dams concerns. Because the roof design has changed from the approved variance, the Building Official has requested that the Planning Commission and City Council confirm that it meets the intent of the 2q>proved variance. Pertinent Ordinances: • LR-IC District Standards, Section 10.25,6 (B) • Hardcover Regulations, Section 10.56, Subd. 16 (C), 6 #2227 Gary Tucker 3466 Ivy Place 3/15/99 page-I t r ANALYSIS Lot Area and Yards LR-IC District Standards Lot Area Lot Width Street Yard Side Yard Lakeside Yard 1/2 acre 100’30’10’75’ + ALS* *ALS Average Lakeshore Setback Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 15,541 sq. ft. (.356 acres) 60.35’lO.r from garage 1.8’ on north side 120’ The subject lot does not meet the lot area, lot width or side yard setback requirements. The proposed change in roof design would not further encroach into the required 10' side yard setback. Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0 ’-75’4,506 sq. ft.188 sq. ft.NONE 188 sq. ft.188 sq.ft. (4.1%) 75’-250'10,600 sq. ft.3,420 sq. ft. (32.36%) 2,680 sq. ft. (25%) 3,637.8% (34.3%) 987.8 sq. ft. (9.32%) 250’-500’436 sq. ft.215 sq. ft. (49.31%) 130.8 sq. ft. (30%) 215 sq. ft. (49.31%) 84.2 sq. ft. (19.31%) The proposed change in roof design would not change the amount of hardcover that was requested and previously approved. STAFF RECOMMENDATION To approve the requested design change to retain the previously granted variance. »2227 Gary Tucker 3466 Ivy Place 3/15/99 page-2 Description of Unusual Property Conditions: Proposed Peak Over Existing House -House was built in 1900 and the existing rafters are ori^al 2 ”x 4” construction. Ice dams are produced over the entire entry area from the less than standard insulation. -The origmal variance was for a covered entry which would create a valley between the new covered entry peak and the existing stairwell dormer. This valley would create an even greater ice dam problem. -The proposed peak over the existing house would enable the installation of more insulation and create a needed vented ur space to stop ice dams from forming. -Side set back would be the same as the original variance. Hard cover is not affected. -Neighbors views are not affected at all. \n / -,^'175 p % b y «=? 1 .5S2 I (A ^ Q Io k 7/o!•y AC DOC NO 4288667 ^ (53) .s*»s- !6^(42) rrsa- Im N I s <5> LOT 150 SPRING PAPjC ... .. (30 • • • • Me* ot €r£nodf\fi^^ OrA^^Y HARDCOVER tGALCULATIO iN VVOltKbtlliE j ’ SETBACK ZONE: (CIRCLE O EXISTING HARDCOVER IN ZONE A. House ____ - 0-75'75^250*25-S?)0’ • • • • L€fy\U. bpp/M 500-1000' •j. Len(ch Width iia r • • 4.^ • B. Garage . C. Driveway !' -^eix i- STfv>5 f LAhd /^4^ ♦■•••• % ••iH •• E. Patio/De-!< 4*- • I X X X X X X X a X X »4.A 137 • • • • ••»< !• F. Landscape ____________ Underlain ____________ By Plastic. . ' " Or Fabric • cd»Ncarr^ ^ G. 'Oihcr \Ajj< f X X X *4 9 *. */ % V ?v iHi>; TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ + B . •?.•. PROPOSED HARDCOVER IN ZONE V - A.. House M 4V Lenfth .••T ...-rv/i' *• * •.•••• .X »• 0 B. ^Garage C. Drive^S/ay D. Sidewalk E. Patio/Deck F. Landscape ' Underlain By Plastic Of Fabric • • II G. Other X X X X • X X X X X . TOTAL HARDCOVER IN 2;ONE TOTAL PROPERTY AREA IN ZONE 4 4- B .1 ik t • •• • < •2.4- iM »■•' % S:F7 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. 6T r. X ipo.^ « r“ 4-J7». .. ■ . - j! ^ ^ • . V A B •••• ji Width 1 A y . S.F. '% ' .F» I » X too - S.F. ; •« S.F, 7 1 S^.F. _ S.F.‘‘ S.E. ”S.F. S.F. 2 S.F. S.F. "s.F. •• S.F. "s.F. 2 S.F. S.F. ^ • . S.F. S.F. "" % \4 4 «• % *•• • • • •• •• • • •• •»M4 • • • §(r'-'-p • -:ry • . / ; •f.0 If r * k k gpof thon^ 1---------------- IT encroAchL ^ A. meM minutes of the orono planning commission MEETING HELD ON APRIL 21,1997 (#10) #2227 GARY E. TDOffiF, 3466 IVY PLACE - VARIANCES - PUBLIC hearing 9:25-9:30 P.M. The AfiBdavit of Publication and Certificate of Mailing were noted. 9 The Applicant was present, Van Zomeren indicated the subject property is located on Casco Point in the LR-IC zoning district. The applicant is propofing to construct a new deck on the lakwide of the residence and an entry over the fi-ont door. The existing sidewalk will be modified. An average l^eshore setback, hardcover in the 75-250* setback area, and side yard setback variances are required. The deck will be accessed by sUurs that ^ be located in front of the average lake^ore setback. Hardcover will increase 987 s.f. in the 75-250* setback from 32.26% to 34.3%. Van Zomeren indicated Staff recommends approval of the application. She noted the side yard as the hardship. The structure is located in the average lakeshore setback and the deck will fiirther encroach into the setback. Tucker reported that the sidewalk modification will allow the adewalk to run to the front of the residence instead of the ade. He indicated the slab located next to the house cannot be eliminated as there is foundation underneath the stoop due to an old wellhouse. There were no public comments. Stoddard inquired if the neighbors have voiced any opinion. It was reported that the neighbors approved the proposed plan. McMillan moved, Stoddard seconded, to approve Application #2227. Vote: Ayes 7, Nays 0. (#11) #2228 FRANK AND KATHLEEN ST, LAWRENCE, 253 CYGNET PLACE - VARIANCES - PUBUC HEARING 9:30-9:33 P.M. The AfiBdavit of Publication and Certificate of Mailing were noted. The Applicant was present. ORONO aXY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#7 - #2217 - Thimmesh - Continued) ‘ A The applicant asked for Council direction. Council recommended no rear variance so the addition would be at 28', reduce the hardcover and a garage door would be allowed. Flint withdrew the motion to table. Flint moved, Jabbour seconded, to adopt Resolution No. 3888 per the Planning Commission recommendation with the exception that the rear setback is to met allowing a 28' x 18' addition and removal of the existing shed for the property located at 1945 Fagemess Point Road. Vote: Ayes 3, Nays 2. Peterson and Kelley opposed. (#8) Review of this application follows review of Item #3. (*#9) #2225 JOHN THEOBALD, 4101 fflGHWOOD ROAD-RENEWAL VARIANCE- RESOLUTION NO. 3889 Goetten moved, Kelley seconded, to adopt Resolution No. 3889 granting approval for street setback, side setback, lot area and width, and hardcover variances for construction of a new residence located at 4101 Highwood Road. Vote: Ayes 5, Nays 0. (*#10) #2226 JOHN AND SUSANNE KOOB, 3065 JAMESTOWN ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 3890 I Goetten moved, Kelley seconded, to adopt Resolution No. 3890 granting approval of a conditional use permit to permit construction of a berm on the property located at 3065 Jamestown Road. Vote: Ayes 5, nays 0. (#11) #2227 GARY TUCKER, 3466 IVY PLACE-VARIANCES-RESOLUTION NO. 3891 m The applicant was present. Van Zomeren explained that the applicant is requesting a side yard variance rfong the north property line because the front stoop and entryway would encroach into the side yard, an average lakeshore setback to allow construction of a new deck, and a hardcover variance of 9.32%. Kelley asked for clarification of the hardship. Tucker responded that there is no cover for the front entry. The stairway protrudes into the existing deck and is therefore not useable with a table and chairs. -------------------------------- 7j ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#11 - #2227 - Tucker - Continued) Kelley asked how the water flows on this lot. Tucker explained the lot is level until it reaches the stairway where there is a bluff. Goetten was concerned about a 10% increase of hardcover and questioned the possibility of reducing the driveway. Tucker ejq)lained that almost all of the drive is used to access a three car garage. He added that the existing stoop is larger than the proposed stoop which will reduce hardcover. The lot is noted to be substandard in size. Kelley asked if there were any comments from neighbors. Van Zomeren responded that she had received no negative comments and the Neighbor's Acknowledgement forms were included in the packet indicating that they were aware of the proposed improvements. Kelley moved, Flint seconded, to approve Resolution No. 3891 granting approval for side yard setback, average lakeshore setback and hardcover variances to permit construction of a front entry stoop and deck for the property located at 3466 Ivy Place. Vote: Ayes 5, Nays 0. (#12) #2228 FRANK AND KATHLEEN ST. LAWRENCE, 253 CYGNET PLACE - VARIANCES - RESOLUTION No. 3892 Mr. and Mrs. St. Lawrence were present. Van Zomeren explained that the property is restricted by a 75' setback from a pond and waterway. Steep topography limits the building site. Side yard and front yard setback variances are required for an addition. A hardcover variance of .95% is also needed in the 75-250' setback. Kelley moved, Goetten seconded, to approve Resolution No. 3892 granting approval for side yard setback, front yard setback and hardcover variances to allow a garage stall addition for the property located at 253 Cygnet Place. Vote: Ayes 5, Nays 0. (#13) GEORGINE HACKNEY, 2184 SHADYWOOD ROAD - VARIANCE The applicant was present. Van Zomeren noted the applicant has indicated the possibility of needing another variance. The applicant explained there is an existing front porch which is proposed to be enlarged by 50 s.f. increasing hardcover from 25.3% to 25.9%. Jabbour moved, Goetten seconded, to table Application #2230 and refer it back to Planning Commission; Vote: Ayes 5, Nays 0. 8 :v CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. a s 9 1 _ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6, SECTION 10.22, SUBDIVISIONS 1 (B) AND 2 AND SECTION 10.56, SUBDIVISION 16 (C-6) FILE NO. 2227 'WHEREAS, Gary Tucker (hereinafter "the applicant") is the owner of the property located at 3466 Ivy Place within the City of Orono (heremafter "the City") and legally described as follows: Lot 1, Spring Park, including that part of vacated Lake Shore Avenue lying between the extensions of the north and south lines of said Lot 10 (hereinafter "die property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6, Section 10.22, Subdivisions 1 (B) and 2, and Section 10.56, Subdivision 16 (C-6) to allow for a side yard setback to encroach along tne north property line and to increase hardcover in the 75-250' setback area. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2227. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District where one-half acre in area is required. The property is sewered. 3. . The Orono Planning Commission reviewed this application on April 21, 1997 and recommended approval of the proposed variance based upon the following unique findings and hardships: Page 1 of 4 y mVt.'H CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 8 91 ••• A.The existing residence encroaches into the side lot line on the nortii side of the property. B. The concrete front stoop is located over a basement C. The subject property does not currently meet the lot area requirements. D. The City has received no comments from the property owners notified of the proposed improvement. 4.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstndile hardship or diff. .ty; is necessary to preserve a. substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, conunents by the applicant and the effect of the proposed variance on the healtii, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Coimcil hereby grants a side yard setback variance per Municipal Zoning Code Section 10.25, Subdivision 6 to permit construction of a front entry stoop over an existing concrete slab; per Section 10.56, Subdivision 16 (c) an average lakeshore setback variance to allow a deck to encroach 20' into the average lakeshore setback; and per Section 10.22, Subdivision 2, to allow a hardcover variance in the 75-250' setback area to increase hardcover from 3,420 sq. ft. (32.26%) to 3,637 sq. ft. (34.3%) where 2,680 sq. ft. or 25% is allowed, subject to the following conditions: Page 2 of 4 m CITY of ORONO miiSUiX RESOLUTION OF THE CITY COUNCIL NO. 8 8 91 1.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit widlin one year of the date of Council approval, or this variance will expire on that date (April 28, 1998). 2.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in Ae Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of April, 1997. ATTEST: Page 3 of 4 m iS< GITY«f ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 891 - STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of April* 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal coiporation and said instrument was executed on behalf of the City. JAMIELBOSMA li0lMrrtlBUC4i HENNEPM COUNTY /) Nota^Public STATE OF MINNESOTA ) ^ ) ss. COUNTY OF HENNEPIN ) On this day of , 199 j2 before me a Notary Public within and for said county, personally appeared Cv. “fu a/^ ^ j Z J!__________ known to me to be the person(s) describe^ in and vmo executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. mm f! JAMIELBOSMA NOiMYPueuc^nM HOmtPIN COUNTY Mr Coflunission Eipites Jan. 31. STATE OF MINNESOTA ) ) ss. COUNT Y OF HENNEPIN .) On this day of '"IH/i ______, 199^ before me a Notary Public within and for smd county, personally appeared _______ known to me to be the pcrson(s) described in and who executed the foregoing instrument, and acknowledged that he (Aey) executed the same as his (their) free act and deed. JAMIELBOSMA notary PU8UC4nNNESQlA KENNfPtN COUNTY K MyComni»ionE)rpi(tsJw.31.2CC0 NOTARY PUBLIC Page 4 of 4 r Permit No*. _ ^e>9 1 3fc55 3 tot^5 447a JM. ‘^nCtS fooAf » • • • « • • • • •*. • . PERMIT RECORD. • . • • • Date- 5-3i> ZP' • • I • • • • • . • ••• ■ •m • • •• T • ••• >••#••Tvt>e- ef‘Permit ryyuJtU^ Ti^c-A \ Application Date: 1/8/99 Deadline: 5/10/99 COUNCIL MEETING REQUEST FOR COUNCIL ACTION MAR 2 2 '999 DATE: 3/17/99 CITY OF ORONO ITEM NO.7 Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2451 Lyle and Gretchen Shaw 1750 Shadywood Road Variances-Public Hearing Zoning District: LR-1 C One Family Lakeshore Residential District (1/2 Acre) Lot Area:10,430 square feet (.30 acre) Application: The applicants have applied for variances to permit the addition of a garage and living space to the existing residence. The proposal would require variances from allowed hardcover in the 75-250' setback from the Ordinary High Water Level (OHWL) of Lake Minnetonka, and to permit raising the roof of the existing house. Presently, the house is a 1 1/2 story structure that, as proposed, would be expanded to a full 2 story house. Overall height of the residence would be increased 6 1/2' within the Average Lakeshore Setback. Staff is requesting prior to issuing a building permit, the applicants provide a drainage plan that is acceptable to City Staff shewing the proposed development will not pose a risk to the Shaw's or adjacent property owners. This application requires the following variances: 1.Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): To allow 2,406.64 s.f. (51.14%) of hardcover in the 75-250' lakeshore setback, where 719.45 s.f. (15.3%) exists and 1,169.5 s.f (25%) is allowed, and to allow a revised building plan within the 0-75' lakeshore setback. 2.Section 10.56, Subd. 16(C)(6): Average Lakeshore Setback: No principal cr 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. if PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 5 to 0 vote to: Approve the proposed development to permit a residential and garage addition to the residence, and to raise the roofline of the existing structure to allow a full second story within the 75' lakeshore setback, and ahead of the Average Lakeshore Setback. STAFF RECOMMENDATION: Staff recommends approval of the applicantion. 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 Street Yard Required 21,780 s.f k 100'75'10'30' Proposed 10,430 s.f 61.55'75’11’57’ Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75'5,752 s.f 517.25 s.f (8.9%) none (0%) 517.25 s.f (8.9%) To permit a change to the building envelope. 75-250’4,678 s.f 719.45 s.f (15.3%) 1,169.5 s.f (25%) 2,406.64 s.f (51.14%) To permit an addition of hardcover 250-500'0 0 0 (30%) 0 none 500-1000'0 0 0 (35%) 0 none 0-75* Lakeshore Setback The existing residence is located 55' from the lakeshore of Lake Minnetonka. The attached deck is 48' from the lakeshore. The total hardcover closer than 75' from the lake would not be increased by the proposed plan. 75-250' Lakeshore Setback The existing hardcover would increase by 1,687.19 s.f. The property could add 450 s.f. of hardcover in the setback without requiring any variances. The proposal wov ’d raise the hardcover to 51.14% where 25% is allowed. r*"r Structural Coverage Total Lot Size Total Structural Coverage Percentage 10,430 s.f.Existing: 888.7 s.f. Proposed: 1,444.02 s.f. 8.5% 13.8% The deck located on the lakeside of the house is not surrounded by a fence, nor does it exceed 6' above grade, therefore it is not considered structure. ANALYSIS Variance STATEMENT OF HARDSHIP The applicant has included his statement of hardship as Exhibit B. The applicant should also be asked for his testimony regarding this issue. Issues 1.The existing lot does not contain a garage. The proposal would provide the applicants a 36' by 24' attached two-car garage. 2. 3. The proposal would meet all yard requirements. Hardcover would increase to 51.14% in the 75-250' lakeshore setback. Not included in the setback is 517.25 s.f. of hardcover that would remain in the 0-75' lakeshore setback. Existing on the property is 15.3% hardcover in the 75-250' lakeshore setback. 4.A 5' by y storage shed that exists on the street property line would be removed should the development be approved. Should the City Council approve the application, staff recommends the applicant provide a drainage plan that would be acceptable by City Staff to show the proposed development would not pose a risk to the subject propert) or adjacent properties. This being completed prior to the issuance of a building permit. 4 Attachments A B C D E F G H I J K L M N Application Description of Request and Statement of Hardship Revised Site Plan/Survey Lakeside Elevations North Elevation South Elevation Main Floor Plan Second Floor Plan Hardcover Worksheets Plat Map Location Map Site Topography Property Owners List Permit Record .i '•1 i' A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 AND 2; SECTION 10.56, SUBDIVISION 16 (L) (1); SECTION 10.56, SUBDIVISION 16 (L) (2); AND SECTION 10.56, SUBDIVISION 16 (C) (6) FILE #2451 WHEREAS, Lyle Shaw and Gretchen Shaw (hereinafter "the applicants") are owners of the property located at 1750 Shadywood Road within the City of Orono (hereinafter "City”) and legally described as follows: Lot 16, Shadywood, Hennepin County, Minnesota (hereinafter "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 public hearings on January 19, 1999 and March 15, 1999, at which limes all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit expansion of the building envelope for a 2nd story addition within the 0-75' lakeshore setback where one-half story exists; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,406.64 s.f. (51.14%) of hardcover within the 75-250' lakeshore setback, where 719.45 s.f. (15.3%) of hardcover exists and 1,169.5 s.f. (25%) is allowed; and Section 10.56, Subdivision 16 (C) (6) to permit an encroachment into the average lakeshore setback. Page I of 5 Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1. 2. 3. FINDINGS This application was reviewed as Zoning File #2451. The property is located in the LR-IC, Zoning District, where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .30 acre or 10,430 sq. ft. The Planning Commission reviewed this application on March 15, 1999, and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The existing residence is located 55' from the 929.4' Ordinary High Water Level (OHWL) of Lake Minnetonka, and is 1 1/2 stories in height. The upper 1/2 story would be raised 6 1/2' to a full story. B. C. No garage space exists on the property. A 5' X 5' storage shed is located on the property line, and shall be removed at the time the addition is constructed. D. The structure would not exceed 15% on the lot. E. All additional hardcover would be placed outside of the 75' setback. 5. F.The deck existing on the lakeside of the residence is non-conforming. Any future replacement of the deck would require Plaaning Commission and City Council approval. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely Page 2 of 5 r serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preser\'e 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 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 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1) to permit the expansion of the building envelope for a 2nd story addition within the 0-75' lakeshore setback where one-half story exists; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 2,406.64 s.f. (51.14%) of hardcover within the 75-250’ lakeshore setback, where 719.45 s.f (15.3%) of hardcover exists and 1,169.5 s.f. (25%) is allowed; and Section 10.56, Subdivision 16 (C) (6) to permit an encroachment into the average lakeshore setback. Approval was subject to the following conditions: 1.Variance approval is for conditions shown on the survey completed by Coffin and Gronberg, Inc., dated 7/5/96, on file with the City of Orono Building and Zoning Department. Any alteration to structure or hardcover, including reductions, may require further City Council and Planning Commission approval. 2.The 5' X 5' shed located on the front property line, on the southwest comer of the lot shall be removed prior final inspection. 3.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council appioval, or this variance will expire on that date (March 22, 2000). 4.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 Page 3 of 5 k terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 22nd day of March, 1999. ATTEST: Carole A. Haseman, Deputy 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 March, 1999, by Gabriel Jabbour & Carole A. Haseman, Mayor & Deputy City Clerk of the City of Orono, a Minnesota municipal corporation and said i»iStrument was executed on behalf of the City. Notary Public Page 4 of 5 4 STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) On this day of for said county, personally appeared , 199 before me a Notary Public within and known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) 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 tliat he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 1 A •i... . >... t 9 Application # S' L ^ Date Receiyed /^/lu/^g ...Amount Paid. 2.s~o^ CITY OF ORONO - VARIANCE ^PLICATION .Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00_.. . (no change firom original application) ' . Variance for non-confoiming structures ' $250.00 After-the-Fact Fees 0ouble application fee) • A PROPERTY FORMATION . ^ SiteAddress Property Identification Number (P J.D.X l'?^/0 -Z/ '■cco'n Attach legal description to application if not included on required survey. Date Property Acqxiired______________________ I (do) ^ n^ also own the adjacent parcels of land. .(month/year) Present use of property: xx residential Zoning District:__________________ ptiie (specify). APPLICANT ■ /O o Phone (hom e^l ^/Z. 9 3 > Name Phone (woric ) .y/z ,o//t> Address: ^?jz. City : ______Zip: I OWNER (if different than applicant) Name C-HUt. ^frAcOs Address: /^SX> Phone (horne d . V>/ >g>/93> __ Phone (worlc l 4/2. .93y . 9yoz > City: C>4u<*jQ __________Zip: 3ST* t /5 \ . \ , V>' D n * *. s »- M DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: S'gg. a- -i- MMjir* (attach additional sheets.if necessary) VARIANCES REQU^D Lot Area Lot Width ;cx Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTiON OF UNUSUAL PROPERTY COPTOmONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: Atdicjmh .______^_______‘ (attach additional sheets if necessary) ROELOFS B REMODELING & RENOVATION December 16,1998 REQUEST FOR VARIANCE 1750 SHADYWOOD ROAD SITE CONDITION: The subject property is a small lot (less than Vi acre) on the West shore of Crystal Bay. The site is generally flat though located on a modest ridge. The main yard rises approximately 6 fwt above the street, continues flat and then falls uniformly to the lake (28% slope). The site is not heavily wooded but mature trees and some bushes exist. The existing house is small (746 SF). It contains a small Bedroom, Kitchen, Living Room and a Bath. Winding stairways approximately 30 ” wide provide access to a finished expansion space beneath the roof (100 SF over T tall) and to the full basement found under approximately 2/3 of the building. The house built sometime in the 20’s or 30*s is in generally good condition. No Garage is located on the property. A 5’ x 5’ storage shed encroaches on the county right of way. REQUEST: The request for variance comes in two parts. The first is acceptance of the existing conditions. Tiie existing house lies too close to the shoreline and too close to the North property line. The house was built long before the setbacks were established. The second part of the request is for a variance for hardcover to construct an addition to provide a two-car attached Garage and an asphalt driveway with turnaround. Construction is contemplated on top of the Garage to expand the house at some point in the future but when is a function of budget, timing and such. Plans submitted present a comprehensive design solution and “wish list.” The Garage building is a basement garage type requiring some cutting of soil to provide access and some likely retaining of dirt. Specifics are as yet unclear. The Garage, though lower in elevation, is designed to borrow approximately 4 ’ from the existing basement to perform at a nominal width of 22’ (24 ’ less two 12 ” block walls) while maintaining the required sideyard setback to the South. The depth of the Garage, nominally 36’ is designed to provide adequate but not generous storage at the front of the Garage for lawnmowers, snow blowers and the like and to provide space for a legal and acceptable stairway between the main floor and the lower level and Garage. The proposed driveway would be minimal in width, slightly wider than the garage doors, tapering quickly to one car width. The turnaround would allow for nose first entry to Co. Rd. 19. The variance required would be for hardcover totaling 51.1% in the 75’ to 250’ zone. No greater encroachment toward the water is needed. No expansion of the portion of the existing house that is within the 0 to 75’ zone is requested or contemplated. 11900VJAYZATABOLLE\:\RD • SL1TE2I2 • .MLN.NETONK.A, MN 55.’05 Fax:6l2-5l2-0-i69 * Phone: 612-512-0 110 t<r»*»No llJ4> i d i\ /. • !l .%•—VN A { /'/ \D '-L', ROELOFS REMODELING & RE^lOVATION Variance Request- 1750 Shadywood Road Page Two The hardship is that of many of the properties in and around Lake Minnetonka. The lot is small and the restrictions and zoning adopted long after the house was built make it very difficult to bring the house to any contemporary standards that align with the market values. A two-car attached Garage with an asphalt driveway is a fairly basic expectation. We hope that after thoughtful consideration you agree. Sincerely, Gerald L. Roelofs CR ROELOFS REMODELING & RENOVATION, INC. License No. 1095 11900\VAYZ.\TABOULE\‘.\RD • SLTTE212 • MI.NNETOXKA. NLN 35305 Far 612-5]2-0469 * Phone: 612-512-0110 U>#5 \ . • r 'a ^ C/) LJ U} 2 LJ q:a. Ll.o CL oro (/) LJo -j <o UJ 'MM \W 1 r ! 1 ( _______i___^— ___i______■ • t .1 : 1-^.oeaA c F o )3 o V4 4 k Ita J F J Q I i3 VO >0 j 3w i: 3 r fc , \n q:oo u. O O O UJ CO 10 3 3 4 ■■ j HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75-250'250-500'500-1000' EXISTING HARDCOVER IN ZOrJF. — A. House * \ f Uogih X X X Width S.F. ^99. >5^ • V S.F. S.F. S.F. B. Garage S.F. C. Driveway X X S.F. S.F. D. Sidewalk X X S.F. S.F. E. Patio/Deck X X 9> Z.O. o S.F. S.F. F. Landscape Underlaio By Plastic X X X S.F. S.F. S.F. G. Other S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPER FY AREA IN ZONE 57>4_r + B s-ysz. 5».^!r S.F. i S.F. X 100 % PROPOSED HARnCOVER IN ZONE A. House Leogih X X X Width B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X S.F. ^99 S.F. __________S.F. ____ S.F. S.F. m m ^ S.F. S.F. S.F. S.F. S" o S.F. S.F. S.F. S.F. S.F. O. Other S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B 5'>S2. 5 / ^ -r S.F. X 100 5’‘>yZ - S.F. r.j % B 1 ^ .. FTIi-v-'K I, •x t 1.:- 6* A B HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’ / ^--------------- V 250-500' 1 500-1000* i • • EXISTING HARDCnvr.R IN ZrtNF -r • . • . *• ^ A. House .. .• ’*x SFLengthWidth 2c?.■r'S S.F. •.X n .S.F.• • •• • X % * ,S.F.• B. Garage X S.F. C. Driveway • • • _ 9 X • •• S.F. X S.F. D. Sidewalk >2¥ • S.F. ■ •X B S.F. E. Patio/Deck '' • •• • X • • S.F. X m S.F. F. Landscape %• • • •• X • • • S.F.Underlain X B S.F.By Plastic X B S.F. G. Other «SVd s' X / S'z<-S.F. •TOTAL HARDCOVER IN ZONE • • *7/9. Yr S.F. TOTAL PROPER FY AREA IN ZONE -S.F.A + B >/ X 100 ^9 % PROPOSED HARDmVFn IN 7.fl?vn?. / A. House {/9. X zo<• B ^¥4 ¥S'S.F. •Leogth Width • ■ . p X Zo 8 *7Zo- o S.F. /4 -f X ¥8 o S.F. X B ti0x S.F. B. Garage X A S.F. C. Driveway X • • • •B . ¥¥S.F. X m S.F. D. Sidewalk • X • • • 9o.^j>S.F. X B S.F. E. Patio/Deck • X • S.F. • X B S.F. F. Landscape X ♦ • B S.F. Underlain X B S.F. By Plastic X B S.F. G. Other X • S.F. •• • TOTAL HARDCOVER IN ZONE * • • • ^ t gQ -fi T d-F i 0O Cjt"S.F. TOTAL PROPERTY AREA IN ZONE •¥4 '7F S.F. A • 23«P7/2. + B % X 100 • • “ ■% A B fH t' ' 3 R 957V- B Einn ST i Ml im V . SOItff •- ' • • • BATS I BATS ^-^:..Course- - r.v i- '“.Vi** WEST BBAMCH BO 8C0 »t\ ^ ^ J*' -k/"'*’'^^;Nort, ''1 VT ^ Skogsberg Pant “ FOX • « *. k OAHt B0^^> — ••-» •. %1Pl: 1^ /S Ir.■WABOVrCTUUvEl 5\ rv.* ■• ••o*- .•■v^ •; •.. l:\-i rf-fitrp ■ J&l'i ^ c«i MT ra >• i -•&;.■ a ■ .■.-.•■v^^"\v T " ORONb^ 600 % «-« '5‘.->--V'-^rm sip S5l?SSSiii?^r^j9 ;\>.. :• r ,5BOHii8 . = . ' »,^ -.VF0UII _ «•• •.••• . • r* • >. . .* •. XU •■ — .* •^■•^ ^ • 5 r r *11 • * •' • ..• "• S' r*^ > *' • ’ *. 1 •/. V .V ?'.* •V' " • r r-•a V**V-l • # • • /yS'D^^ia.d^i.AjccK^ /( PERMIT RECORD Permit No.Date yg.3J 6-/7-77 *ttS3 i-yot? N Type of Permit Hd(Xo^ Uj~ TIL. (cciasasaa COUNCIL WIF.ETING MAR 2 2 1999 REQUEST FOR COUNCIL ACTION Ol I'Y OK OHONO Date: March 18,1999 r;Item No. Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: #2458 LR-lC-1 Zoning Amendment List of Exhibits A - Proposed Ordinance B - Planning Commission Memo & Exhibits of 3-9-99 C - Planning Commission Memo & Selected Exhibits of 2-10-99 Summary In May 1998 Council adopted an interim moratorium temporarily suspending use of the 50% density credit in the LR-lC-1 zoning subdistrict, and subsequently directed that Planning Conunission should review the 50% density credit, hold a public hearing and make recommendations regarding whether the density credit should be eliminated, revised, or continued. Planning Commission Recommendation : Planning Commission at their March 15 meeting recommended adoption of the attached ordinance which eliminates the LR-lC-1 50% density credit, but continues to allow limited attachment of units via a PRD in LR-lC-1 at the standard 1/2 acre density of the LR-IC district. The proposed ordinance also: makes it more clear that use of the PRD process in LR-lC-1 is entirely at Council's discretion; revises the hardcover limit to be consistent with the rest of the zoning code; - references the Shoreland PRD standards; and continues the current standards relating to sewer availability requirement; 4-unit maximum attachment; 30-foot height limit; Council approval discretion as to building size & location and vehicle ingress and egress; parking requirements; and density limits of Section 10.60 1i LR-lC-1 Zoning Amendment March 18, 1999 Page 2 BACKGROUND LR-lC-lDistorv The LR-lC-1 subdistrict was created in 1975 as part of the general rezoning of the City. There were likely two specific reasons to create the LR-lC-1 subdistrict in 1975: 1.A majority of the properties rezoned to LR-lC-1 in 1975 were zoned B-1 (Commercial Business), B-2 (Lakeshore Commercial), or 1 (Industrial) prior to the rezoning, and the density credit may have been a concession to the property owners for the rezoning from Commercial/Industrial to residential. 2.The LR-lC-1 would provide a location in the City for somewhat higher density housing than the 1/2 acre residential district allowed, and allow such housing to be attached for more efficient use of the land. The properties zoned LR-lC-1 upon adoption of the 1975 zoning code included the Navarre theatre property west of the water tower; all land west of the Navarre theatre between County Road 15 and the railroad tracks except the Hennepin County truck station site; 5 acres at the southeast comer of Carman Street and Coimty Road 15, north of the lagoon; and the area east of Lakeside Marina on North Shore Drive to the east boundary of north Shore Marina (included North Shore Marina). In November 1976 the B-5 Limited Neighborhood Business District was created and most of the LR- lC-1 parcels between County Road 15 and the truck station property were rezoned to B-5. In 1984, North Shore Marina was rezoned back to B-2 Lakeshore Business. As a result of these two revisions, the remaining properties within the LR-lC-1 today include: The 9-acre plat of'Navarro' on the old Navarre Theatre site (24 twinhomes developed in mid 1980's). - The 1 0-acre Tonka Ventures PRD site - The 2.25 acre Sohns property and the 2.2 acre Larson property - The 3/4 acre single family residence site west of the tmck station driveway The 5 acres at Carman Street and County Road 15 containing 4 single family homes; the east half of this area is attached to the developed single family properties south of the lagoon The 3 acres between the marinas on North Shore Drive containing 4 existing homes, with a single family residence and a duplex expected to be built in 1999. The 1998 moratorium, which expires May 15, 1999, was established as a result of a development proposal in Navarre that Council believed would add too much traffic to the local streets, and would add to the high volume of traffic that is already overburdening County Road 15. I LR-lC-1 Zoning Amendment March 18, 1999 Page 3 The existing neighborhoods surrounding the LR-lC-1 areas in Navarre were developed prior to the City ’s adoption of zoning regulations, and are generally developed much more intensely than would be allowed under the current zoning regulations. TTie City Council expressed concern that the current density credit language does not provide sufficient discretion to the City to ensure a development is planned in such a way that it provides sufficient open space, landscaping and access options to somewhat balance the intensity of the surrounding development and minimize the traffic impacts. l .R-ir-1 PRD Standards The only difference between the LR-IC Single Family Lakeshore Residential District (1/2 acre minimum, i.e. 2 units per acre) and the LR-lC-1 Subdistrict, is the LR-lC-1 allowance for a 50% density credit, i.e. up to 3 units per acre. To get the credit, development must proceed as a Planned Residential Development (PRD), and all units must be attached (groups of 2, 3 or 4 units). Additional requirements must be met regarding sanitary sewer, hardcover, building size and location, vehicle ingress and egress, parking, and overall density. In the LR-IC and other residential districts, PRD's are allowed as a conditional use, but limited to single family detachtd dwellings. Attachment of units can only occur where specific PRD standards for the subdistrict (such as LR-lC-1) will allow it. Shoreland PRD Standards The existing LR-lC-1 density credit is further limited in the Shoreland Overlay District by the Shoreland PRD standards in Section 10.56. Shoreland standards would in most cases allow a slightly lesser number of total units than the LR-lC-1 density might allow. This is the case whether the density remains at 3 units per acre or is amended to 2 units per acre. Perhaps a greater impact of the Shoreland PRD standards when applied to a relatively small or narrow LR-lC-1 property, is that the attached units will likely end up being located in the second or third tiers, i.e. a greater lakeshore setback is needed in order to have all units attached and still meet the "tier" unit limits (see March 9 memo). Staff does not necessarily view the Shoreland PRD standards as conflicting with the LR-lC-1 standards; rather, they are complementary, providing a higher standard for the Shoreland District. It would be appropriate to reference the Shoreland PRD standards in the LR-lC-1 section so that the Shoreland standards are not overlooked, especially since a majority of the LR-lC-1 properties yet to be developed are in the Shoreland District. I LR-lC-1 Zoning Amendment March 18, 1999 Page 4 Hardcover Standards The LR-lC-1 hardcover limits of Section 10.26, Subd. 3D would appear to allow 1 ardcover up to 35% in areas more than 100’ from the shoreline. This is in conflict with the standards found elsewhere in the code which allow only 25% hardcover in the 75-250' setback zone, 30% in the 250- 500’ zone, and 35% in the 500-1000’ zone. It is unknown whether this was done on purpose as a concession to the LR-lC-1 district, but it does create potential confusion. Staff recommends that if the LR-lC-1 district is amended rather than eliminated, Subd. 3D should be revised to conform to the hardcover standards found elsewhere in the code. Opportunities for Housing Variety Along Highway 12 The number of multi-family dwelling units that might be developed or redeveloped in the existing LR-lC-1 zones under the current code (excluding the Tonka Ventures property which will provide 29 townhouse units) is likely less than 20. However, the City has provided for significant numbers of multi-family dwelling units in its Highway 12 Corridor along the north side of Highway 12 between Willow Drive and Old Crystal Bay Road. The 1988 Comprehensive Plan Amendment No. 2 contemplates (and provides for) from 50 to perhaps 250 units of townhomes being developed at densities up to 6-8 units per acre. This area of Orono does not suffer from the existing high-density problems of traffic, stormwater management, etc. that are found in Navarre. Development at higher densities in the Highway 12 corridor can be accomplished in a manner that addresses all related concerns, rather than adding to them as it would in Navarre. Public Comments The City received a letter from Paul Larson, owner of a 2-acre parcel in LR-lC-1, in opposition to the proposed elimination of the 50% density credit. He believes his property will become less valuable if the credit is eliminated, since he will lose 1/3 of the potential dwelling units he might be allowed under the current code. Larson was unable to attend either of the Planning Commission meetings, and his representative requested tabling of this item at the March 15 Planning Commission meeting. Planning Commission did not honor that request, but suggested that Larson address his concerns to the Council at the March 22 meeting. Code Change Creates Nonconformities The twinhome development (Navarro) and the pending Tonka Ventures townhomes would become legally nonconforming if the proposed code change is adopted. No other properties currently zoned LR-lC-1 have ever taken advantage of the 50% density credit. LR-lC-1 Zoning Amendment March 18,1999 Page 5 STAFF RECOMMENDATION Retention of the ability in LR-lC-1 to create attached dwelling units would enable clustering and the preservation of trees and green space that is not possible in the LR-IC zone. Revising the LR- lC-1 language as proposed in Exhibit A would have the effect of establishing reasonable limitations on any LR-lC-1 attached-unit PRD that is proposed. If Council wants to eliminate the LR-lC-1 50% credit without providing for attached-unit PRD's, this would functionally remove any distinguishing characteristics between the LR-IC and LR-lC-1 Districts. In this case, it would be most appropriate to eliminate the LR-lC-1 designation from the zoning code, and rezone all LR-lC-1 properties to LR-IC. COUNCIL ACTION REQUESTED Take one of the following actions: 1. 2. OK 3. Adopt the attached ordinance which eliminates the 50% density credit but retains standards for attached-unit PRDs in LR-lC-1, and also: - beefs up the 'Council discretion' language - adds Shoreland reference - revises hardcover standard for consistency Direct that the LR-lC-1 district be eliminated entirely, and that all LR-lC-1 properties be rezoned to LR-IC. Staff would draft such an ordinance for your next meeting. Choose to not amend the LR-lC-1 district. QE 4. Other. 1 OPTION lA:j4 a. b. c. d. Delete language allowing 50% density credit Add language specifically allowing attached dwelling units as a Conditional Use but only if Council determines the PRD provisions are met Add provision to limit density to 2 dwelling units per acre (Added 3-2-99) Add reference to Shoreland PRD standards, change hardcover SEC. 10.26. LR-lC-1 SUBDISTRICTS. ONE FAMILY LAKESHORE RESIDENTIAL. Section 10.22). Subd. 1. Lakeshore Set Back, Hard Cover and Tree Removal Regulations. (See Subd. 2. Permitted Uses, Conditional Uses, and Accessory Uses. A. Any use as regulated in the "LR-IC" District. Subd. 3. Additional Permitted Conditional l^se. Within any "LR-lC-l" One Family Lakeshore Residential Subdistrict a credit allowing a S094rifl crea3e in dwelling unit density ever the »'T n. 1 nintwfft-mny he nhtniiied attached dwellings mav be Permitted if the Citv Council finds that providing all conditions below are complied with: A. All provisions of Section 10.32 Planned Residential Development are. in the discretion of the Council, determined to be met complied with; B. Public sanitary sewer is available; C. All dwelling units must be attached but not more than four dwelling units to any one structure with a maximum height of thirty (30) feet; D. Parcels of land lying beyond 100 feet from any shoreline shall not have more than 35% of-the land area to be developed made impervious by buildings, blacktop, or ether fomis of hard cover All hardcover standard of Section 10 .22. Subd. 2 are met: E. Building size and location meet Council approval; F. Vehicle ingress and egress meet Council approval; G. A minimum of two parking spaces are provided for each dwelling unit, one of the parking spaces shall be enclosed and attached to the principal structure it serves; H. Density provisions under Section 10.60 are not exceeded, and the dwelling unit density does not exce^ 2 dwelling units per acre. / All Shoreinttd PRD standards of Section 10.56. Suhd. 19 are met for properties in the Shoreland Overlay District, Subd. 4. Area, Height, Lot Width and Yard Requirements. (See Section 10.25, Subdivision 6). ORDINANCE NO., SECOND SERIES AN ORDINANCE AMENDING ORONO ZONING CODE SECTION 10.26, LR-lC-1 SUBDISTRICT The City Council of Orono ordains as follows: Section 1. Municipal Zoning Code Section 10.26 is hereby deleted and the following language substituted in its place: SEC. 10.26. LR-lC-1 SUBDISTRICTS. ONE FAMILY LAKESHORE RESIDENTIAL. Subd. 1. Lakeshore Set Back, Hard Cover and Tree Removal Regulations. (See Section 10.22). Subd. 2. Permitted Uses, Conditional Uses, and Accessory Uses. A. Any use as regulated in the "LR-IC District. Subd. 3. Additional Conditional Use. Within any "LR-lC-1” One Family Lakeshore Residential Subdistrict attached dwellings may be permitted if the City Council finds that all conditions below are complied with: A. All provisions of Section 10.32 Planned Residential Development are, in the discretion of the Council, determined to be met; B. Public sanitary sewer is available; C. All dwelling units must be attached but not more than four dwelling units to any one structure with a maximum height of thirty (30) feet; D. All hardcover standards of Section 10.22, Subd. 2 are met; E. Building size and location meet Council approval; F. Vehicle ingress and egress meet Council approval; G. A mini mum of two parking spaces are provided for each dwelling unit, one of the parking spaces shall be enclosed and attached to the principal structure it serves; Page 1 of2 H. Density provisions under Section 10.60 are not exceeded, and the dwelling unit density does not exceed 2 dwelling units per acre. I. All Shoreland PRD standards of Section 10.56, Subd. 19 are met for properties in the Shoreland Overlay District. Subd. 4. Area, Height, Lot Width and Yard Requirements. (See Section 10.25, Subdivision 6). Section 2. 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 22nd day of March, 1999 by a vote of___^ayes and___^nays. ATTEST: Linda S.Vee, City Clerk Gabriel Jabbour, Mayor Page 2 of2 1 To:Chair Smith and Orono Planning Commissioners Ron Moorse, City Administrator From: Date: Michael P. Gaf&on, Senior Planning Coordinator*^;^ March 9,1999 Subject: Proposed Zoning Amendment: Eliminate LR-lC-1 50% Density Credit List of Exhibits A - Draft Amendment: Options 1 and 2 B - LR-lC-1 Impacts of Shoreland PRD Standards C - Shoreland PRD Standards, Section 10.56 Subd. 19 D - Letter from Paul Larson, 3790 Shoreline Drive E - Memo & Selected Exhibits of 2-10-99 At the February meeting. Planning Commission members reacted favorably to eliminating the 50% density credit in LR-lC-1 (see 2-10-99 memo). They also indicated that retaining the ability to attach dwelling units in LR-lC-1 may still be appropriate after the 50% density credit is eliminated. This item was tabled so that staff could review whether the revision creates or continues any ordinance conflicts with the Shoreland PRD standards of Section 10.56 Subd. 19, or with the hardcover requirements found elsewhere in the code. Shoreland PRD Standards The existing LR-lC-1 density credit is further limited in the Shoreland Overlay District by the Shoreland PRD standards in Section 10.56. Specifically, a Site "Suitable Area" Calculation must be performed by dividing a shoreland property into 'tiers' of specified depth (200' in sewered zones) and dividing the creditable (non-wetland, non-bluff, non-lake) area of each tier by the minimum lot area requirement of the underlying district. In LR-lC-1, the current minimum lot area requirement would be considered as 1/3 acre rather than 1/2 acre for this calculation. The resulting figure after the calculation is the number of dwelling units allowed within each tier. Fractional units can be transferred to a tier further from the lake. As depicted in Exhibit B, the Shoreland standards would in most cases allow a slightly lesser number of total units than the LR-lC-1 density might allow. This is the case whether the density remains at 3 units per acre or is amended to 2 units per acre. Perhaps a greater impact of the Shoreland PRD standards when applied to a relatively small or narrow LR-lC-1 property, is that the attached units will likely end up being located in the second or third tiers, i.e. a greater lakeshore setback is needed in order to have all units attached and still meet the tier unit limits. Staff does not necessarily view the Shoreland PRD standards as conflicting with the LR-lC-1 standards; rather, they are complementary, providing a higher standard for the Shoreland District. LR-lC-i Amendment March 9,1999 Page 2 It may be appropriate to reference the Shoreland PRD standards in the LR-lC-1 section so that the Shoreland standards aie not overlooked, especially since a majority of the LR-lC-1 properties yet to be developed are in the Shoreland District. Hardcover Standards The LR-lC-1 hardcover limits of Section 10.26, Subd. 3D would appear to allow hardcover up to 35% in areas more than 100' from the shoreline. This is in conflict with the standards found elsewhere in the code which allow only 25% hardcover in the 75-250’ setback zone, 30% in the 250- 500 ’ zone, and 35% in the 500-1000 ’ zone. It is unknown whether this was done on purpose as a concession to the LR-lC-1 district, but it does create potential confusion. Staff recommends that if the LR-lC-1 district is amended rather than eliminated, Subd. 3D should be revised to conform to the hardcover standards found elsewhere in the code. Public Comments The City has received a letter from Paul Larson, owner of a 2-acre parcel in LR-lC-1, in opposition to the proposed elimination of the 50% density credit. He believes his property will become less valuable if the credit is eliminated, since he will lose 1/3 of the potential dwelling units he might be allowed under the current code. Staff Recommendation Retention of the ability in LR-lC-1 to create attached dwelling units would enable clustering and the preservation of trees and green space that is no: possible in the LR-IC zone. If this option is chosen, reference to the Shoreland PRD regulations should be added to the LR-lC-1 language. Also, the hardcover standard should be revised to match the standards found elsewhere in the zoning code. Elimination of the 50% credit without retaining the ability for attached units, would functionally remove any distinguishing characteristics between the LR-IC and LR-lC-1 Districts. In this case, it would be most appropriate to eliminate the LR-lC-1 designation from the zoning code, and rezone all LR-lC-1 properties to LR-IC. Staff has drafted 2 options for amending the LR-lC-1 District for discussion and recommendation (Exhibits A). The first option has been revised since the last meeting to include the Shoreland reference and the hardcover amendment noted above. 1 LR-lC-1 Amendment March 9, 1999 Page 3 Options for Action 1.Recommend that LR-lC-1 be amended to eliminate 50% density credit but allow attachment of units via PRD to remain, adding Shoreland reference and revising hardcover standard. 2.Recommend that LR-lC-1 be eliminated entirely, and that all LR-lC-1 properties be rezoned to LR-IC. 3. 4. Recommend that the LR-lC-1 zoning standards not be amended.# • < Otiier.9.C.- 5'^ 1 i 1 1 OPTION 1 A: % •Jd •3-1-91 a. b. c. </. Delete language allowing 50% density credit Add language specifically allowing attached dwelling units as a Conditional Use but only if Council determines the PRD provisions are met Add provbion to limit density to 2 dwelling units per acre (Added 3‘2~99) Add reference to Shoretand PRD standards, change hardcover SEC. 10.26. LR-lC-1 SUBDISTRICTS. ONE FAMILY LAKESHORE RESIDENTIAL. Subd. 1. Lakeshore Set Back, Hard Cover and Tree Removal Regulations. (See Section 10.22). Subd. 2. Permitted Uses, Conditional Uses, and Accessory Uses. A. Any use as regulated in the "LR-IC" District. Subd. 3. Additional Permitted Conditional Use. Within any "LR-lC-1" One Family Lakeshore Residential Subdistrict a credit allowing a 50% incfcosc in dwelling unit density eve r tiro '*1R-1C" Diatrict mav be obtaiwed attached dwellings mav be permitted if the City Council finds that providing all conditions below are complied with: A. All provisions of Section 10.32 Planned Residential Development are* in the discretion of the Council, determined to be met complied with: B. Public sanitary sewer is available; C. All dwelling units must be attached but not more than four dwelling units to any one structure with a maximum height of thirty (30) feet; D. Parcels of land lying beyond 100 feet from any shoreline shall not have more than 35% of the land area to be developed made impervious by buildings, blacktop, er ether forms of hard cover All hardcover standards of Section 10.22. Subd. 2 are met: E. Building size and location meet Council approval; F. Vehicle ingress and egress meet Council approval; G. A minimum of two parking spaces are provided for each dwelling unit, one of the parking spaces shall be enclosed and attached to f. ie principal structure it serves; H. Density provisions under Section 10.60 are not exceeded , and the dwelling unit density does not exceed 2 dwelling units per acre. I. All Shoreland PRD standards of Section 10.56. Subd. 19 are met for properties in the Shoreland Overlay District. Subd. 4. Area, Height, Lot Width and Yard Requirements. (See Section 10.25, Subdivision 6). OPTION 2: a. Delete entire Section 10.26 b. Rezone all properties in LR-lC-1 to LR-IC --------SEC. 10.26;------LR-lC-1 SUBDISTRICTS. ONE FAMILY LAKESHORE RESIDENTlAb; Subd.' 1. Lakcshorc Set Back,' Hard- Cov er and Tree-Removal-Rcgulation9 r-(See Section 10722): Subd. 2. Permitted Uses, Conditiontd-Uaes, ond-Accesaory Uses. A. Any use as regulated in the "LR-lC District. -----------------Subd. 3. Additional Permitted Use. Within any ”LR-4 €"1'' One Family Lakeshere Residentiol Subdistriet a credit allowing a 50% inefcase in dwelling unit-denaity ove r the ”LR-1€^ District may be obtained providin g all conditions below ore complied wth; —All provisions of Section 10.32 Planned Residential Developm ent are complied with; ■&—Public sonitofy sewer is available; C:—Alt dwelling units must be attached but not more than four dwelling units to any one structufe with a maximum height - of thirty 30 feet; B:—Parcels of lend lying beyond 100 feet from any shofcline shall not have more than 359<i of the land area to be dev eloped made imperv ious by building s, blacktop, or other forms of hard cov er,---------- ■fe—Building size and location meet Council approval; ■F:—Vehielc ingr ess and egress meet Council approv al; ■G:—A minimum of two potiung spaces are provided for each dwelling unit; one of the parking spoecs shall be enclosed and attached to the principal structure it serv es; ■H:—Density provisions under Section 10.60 ore not-exceeded. Subd. 4 . Area, Height, Lot Width and Yard Requirements. (Sec Section 10.25; Subdivision 6). LR-lC-1 Shoreland PRD Standards Review 3. - All LR-lC-1 properties are on/near General Development lake and are sewered. The tier depths are: Tier 1:200' Tier 2: 200’ Tier 3: 200' Tier 4: 200’ Tier 5: 200' Example 2: Example 1: LR-lC-1 properties between the marinas on North Shore Drive. The westerly 1.5 acres has just been platted and new homes are being built. The remaining 4 tax parcels each contain an existing residence. If all 4 were acquired for redevelopment as a PRD under LR-lC-1 standards, total site area is about 1.5 acres Tier 1 = 0.6 acre, Tier 2(as measured from 2 bays and lagoon) = 0.9 acre. - Under existing 3 units/acre LR-lC-1 standard: / Tier 1 = 0.6/0.33 = 1.8 units (round to 1 unit) credit =.8 unit ✓ Tier 2 = 0.9/0.33 = 2.7 units + 0.8 units = 3.5 units (round to 3 units) / Total units allowed is 4 units, and all must be attached to at least one other unit, and at least 3 of 4 must be wholly located in Tier 2 - Under proposed 2 units per acre LR-ir standard! / Tier 1 = 0.6/0.5 = 1 .2 units (round to 1 unit) credit = .2 unit / Tier 2 = 0.9/0.5 = 1.8 units + .2 units = 2units / Total allowed is 3 units, and all three must be attached to each other, and at least 2 of 3 must be wholly located in Tier 2 LR-lC-1 properties owned by Sohns and Larson at 3770 and 3790 Shoreline Drive. Each property contains a number of buildings which would presumably be removed if the properties are developed as a single PRD. Total site area is 4.5 acres, and has property only in Tiers 4 and 5 Tier 4 as measured from the shoreline of Spring Park Bay is 1.0 acre; Tier 5 is 1.8 acres; the remaining 1.7 acres at the northeasterly comer of the site is not in the shoreland district. Under existing 3 units/acre LR-lC-1 standard: / Tier 4 = 1 .0/0.33 = 3.0 units / Tier 5 = 1.8/0.33 = 5.45 units (round to 5 units) credit = 0.45 units / Remainder = 1 .7/0.33 = 5.15 + 0.45 = 5.60 units (round to 5 units) / Total allowed is 13 units, of which no more than 3 could be in Tier 4 and no more than 5 in Tier 5 (or place 0 in Tier 4, up to 8 in Tier 5) Under proposed 2 units/acre LR-IC standard: / Tier 4 =1.0/0.5 = 2.0 units ✓ Tier 5 = 1.8/0.5 = 3.6 units (round to 3 units) credit = 0.6 units / Remainder = 1.7/0.5 = 3.4 + 0.6 = 4.0 units / Total allowed is 9 units, of which no more than 2 could be in Tier 4 and no more than 4 in Tier 5 (or place 0 in Tier 4, up to 6 in Tier 5) LR-lC'l: Impacts of Shoreland PRD Standards - All LR-lC-1 properties are on/near General Development lake and are sewered. The tier depths are: Tierl:200‘ Tier 2: 200’ Tier 3; 200’ Tier 4: 200’ Tier 5: 200' Example 1: LR-lC-1 properties between the marinas on North Shore Drive. The westerly 1.5 acres has just been platted and new homes are being built. The remaining 4 tax parcels each contain an existing residence. If all 4 were acquired for redevelopment as a PRD under LR-lC-1 standards, total site area is about 1.5 acres Tier 1 = 0.6 acre. Tier 2(as measured from 2 bays and lagoon) = 0.9 acre. - Under existing 3 units/acre LR-lC-1 standard: / Tier 1 = 0.6/0.33 = 1.8 units (round to 1 unit) credit =.8 unit / Tier 2 = 0.9/0.33 = 2.7 units + 0.8 units = 3.5 units (round to 3 units) / Total units allowed is 4 units, and all must be attached to at least one other unit, and at least 3 of 4 must be wholly located in Tier 2 - Under proposed 2 units per acre LR-IC standard: / Tier 1 = 0.6/0.5 = 1.2 units (round to 1 unit) credit = .2 unit / Tier 2 = 0.9/0.5 = 1.8 units + .2 units = 2units / Total allowed is 3 units, and all three must be attached to each other, and at least 2 of 3 must be wholly located in Tier 2 Example 2:LR-lC-1 properties owned by Sohns and Larson at 3770 and 3790 Shoreline Drive. Each property contains a number of buildings which would presumably be removed if the properties are developed as a single PRD. Total site area is 4.5 acres, and has property only in Tiers 4 and 5 Tier 4 as measured from the shoreline of Spring Park Bay is 1 .0 acre; Tier 5 is 1.8 acres; the remaining 1.7 acres at the northeasterly comer of the site is not in the shoreland district. Under existing 3 units/acre LR-lC-1 standard: ✓ Tier 4 = 1 .0/0.33 = 3.0 units ✓ Tier 5 = 1.8/0.33 = 5.45 units (round to 5 units) credit = 0.45 units / Remainder = 1.7/0.33 = 5.15 + 0.45 = 5.60 units (round to 5 units) / Total allowed is 13 units, of which no more than 3 could be in Tier 4 and no more than 5 in Tier 5 (or place 0 in Tier 4, up to 8 in Tier 5) Under proposed 2 units/acre LR-IC standard: / Tier 4 = 1.0/0.5 = 2.0 units / Tier 5 = 1.8/0.5 = 3.6 units (round to 3 units) credit = 0.6 units / Remainder = 1.7/0.5 = 3.4 + 0.6 = 4.0 units / Total allowed is 9 units, of which no more than 2 could be in Tier 4 and no more than 4 in Tier 5 (or place 0 in Tier 4, up to 6 in Tier 5) i •Tl I ^ Ti4?^ ^ ^ tAAJ nr/ecfg^ ^ / w^rr - 3 2- fi-r 2- M"IT3 -f,.^ r ' 3 •TO t >^U * T WMirj j^-r 3 i'rT^4e<ig' •r7e«. ^ -r7t-«. S'' 5 /gfc;yHA?»V^g>^ ^ ^ ^ •tTrrfi^ - I'S HAJ/TS 1 I I i I I I I I I I I 9 I I • • cT § 10.56 Lots intended as ...........to I? tTctll ?h^ mTn?iu"m s^andlrfs ^e^^^forth in Subdivision 16 of thxs section. t Subd. 19. PRD/PUD Standards i n Developments" or PRDs ) are land, redevelopment o^ -i^fo^=s\r£uri? tf. zoSi.5? chapter. The following exclusion applies. 1. Rezoning to M-6 o'istriol:.”' 6 PRD shall not be allowed within the Shoreland Over . ______ ^ TTm •SuSv" i' apply: 1. NO land located within the Shoreland Overlay District shall be ^?''®^°*\g'*„^i2j,*would*allow commercial proposed amendment to the zoning overlay District shall be PUD of Natural Resources to ensure - _ . f _ n Tr%vr:s.>i individual zoning district standards. D Application for a oevelopment Thea licantfor.aP^^^^^^^^^ ,r.Sec.io- tSfsTTriorbeing taken on the application request: •-.a »Su“*4stii.s"wri7\o“1.S''plovid'‘ed1,”anl ^ loot intervals. A ORONO CC 376-22 (2-24-92) § 10.56 2.Property owners association agreement, with, in accordance with the requirements ofmandatory membership, this ordinance. 3. Deed restrictions, covenants, permanent easements or other instruments that: a) Properly address future vegetative and topographic alterations, construction of additional buildings, and beaching of watercraft; b) Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in this ordinance. 4. Those additional documents as requested by the City of Orono that are necessary to explain how the PRD will be designed and will function. E. Site "Suitable Area" Evaluation. Proposed new or expansions to existing PRDs must be evaluated using following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation. 1. The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the Ordinary High Water Level at the following intervals, proceeding landward: Shorelauid Tier Dimensions General development lakes- first tier General development lakes— second and additional tiers Recreational development leikes Natural environment lakes Tributaries Unsewered Sewered - (feet)(feet) 200 200 267 200 267 267 400 320 300 300 2. The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs or land below the Ordinary High Water Level of public waters. Tnrs suitable area and the proposed project are then subjected to tne PRD density evaluation steps to arrive at an allowable number or dwelling units or sites. ORONO CC 376-23 (Z-24-92) I i I I # I I I I I I I I 1 ^ i t r r f 1 I f I I f I I I < I 1 I S 10.56 F. PRD 'Allowable Density* Evaluation. ^ The procedures for determining the allowable density of a PRD is as follows: 1. The suitable area within each tier is divided by the single residential lot size standard of the underlying zoning district, yielding the allowable number of dwelling units or sites for each tier (Frac-ions shall be rounded down to the nearest whole number, but may be transferred as noted below). 2. Allowable densities or numbers of units or excess fractions of units may be transferred from any tier to any other tier further from the water body, but must not be transferred to any other tier closer. 3. No density increases based on increased setbacks or other factors will be allowed. G. Maintenance and Administration Requirements. 1. Before final approval of a PRD, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. 2. Open Space Preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the followxng protections: a. Commercial uses prohibited. o. Vegetation and topographic alterations other tlian ;^outine maintenance prohibited. c. Construction of additional buildings Qj» storage of vehicles and other materials prohibited. prohibited d. Uncontrolled beaching of watercraft 3. Development, organization and functioning. Unless an equally effective alternative community framework is established^ when applicable, all PRD's must use an owners association with the following features: a. Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers. b. Each member must pay a pro rata ‘ share of the Association ’s expenses, and unpaid assessments can become liens on xinits or sites. ORONO CC -‘376-24 (2-24-92) I : § 10.56 c. Assessments must be adjustable to accomodate changing conditions. d. The Association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. H. Open Space Requirements. ^ PRD's must contain open space meeting all of the zollowing criteria. 1. At least 50% of the total project area must be preserved as open space. 2. The following items shall not be included in the computation of minimum open space: a.Dwelling units or sites. b. c. d. Road rights-of-way. Land covered by road surfaces Parking areas. e.Structures. f. Commercial facilities or uses. 3. The following items shall be included in the computation of minimum open space: a. Wetlands. Significant historic sites c. Unplatted cemeteries d. Other areas with physical characteristics unsuitable for development in their natural state. e. The lakeshore setback zone, based on normal required structure setbacks, must be included as open space. For PRDs, the entire lakeshore setback zone must be preserved in its natural or existing state, except for those improvements necessary to provide reasonable pedestrian access to the water Doay as regulated elsewhere in the zoning code. 4. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid a,dverse impacts on the syst'^ms. ORONO CC 376-25 (2-24-92) . -Y 1 • • I I I I 1 I I I a I I I I [ I i § 10.56 5. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means. I. Erosion Control and Stormwater Management. Erosion control and stormwater management plans must be developed and the PRD must: 1. Be designed and the construction managed to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffered strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by the Minnehaha Creek Watershed District may be required if project size and site physical characteristics warrant; and 2. Be designed and constructed to effectively manage reasonably expected quantities and qualities of storm water run-off. Impervious surface coverage within any tier must not exceed 25% of the tier area except that credit for unused hardcover allowance in tiers near the lake may be used in tiers further from the lake. J. Centralization and Design of Facilities. Centralization and design of facilities and structures must be done according to the following stcindards: 1. PRD's must be connected to publicly owned water supply and sewer systems, if available. On-site-water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota Department of Health, the Minnesota Pollution Control Agency, and as regulated elsewhere in this ordinance. On-site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system. 2. Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification : a. Setback from the Ordinary High Water Level. features. b. Elevation above the surface water Maximum height. ORONO CC 376-26 (2-24-92) § 10.56 3. Shore recreation facilities including but not limited to swimming areas, docks cind watercraft mooring areas, must be centralized and located in an area suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to ground water and bedrock or other relevant factors. The nximber of dwelling units or sites which may be granted lake access shall not exceed the number of riparian dwelling units or sites which could be created under a standard subdivision. The allowable number of dock slips or moorings and the designation of which dwelling units or sites shall have the right to use those slips or moorings shall be subject to Council approval and shall be defined in the covenants governing the PRD. In no case shall the number of slips or moorings exceed the number allowed under the official controls of the Lake Minnetonka Conservation District. All docks serving three or more dwelling units shall be subject to the Joint Use Dock Licensing requirements in Chapter 5 of the Orono Municipal Code. 4. Structures. Parking areas and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the City, assuming sximmer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided. 5. Accessory structures and facilities must meet the required principal structure setback and must be centralized, except for those pedestrian access and equipment storage structures allowed elsewhere in this code. K. Conversion. Existing resorts or other land uses and may be converted to Planned Residential Developments if all of the following standards are met: 1. Proposed conversions must be initially evaluated using the same procedures for PRD's involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. 2. Deficiencies involving water supply and sewage treatment, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit. 3. Shore setback zone and bluff impact zone deficiencies must be evaluated and reasonable improvements be made as part of the conversion. These improvements must include where applicable the following; a. Removal of extraneous ‘buildings, docks, or other facilities that no longer need to be located xn shore setback zone or bluff impact zone. i l ORONO CC 376-27 (2-24-92) If § 10.56 b. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water. c. If existing dwelling units are located in the shore setback zone or bluff impact zone, conditions shall be attached to approvals of conversions that preclude exterior expansions in any dimension or substantial The conditions must also provide for ruture relocation of dwelling units, where feasible, to other locations, meeting all setback and alteration requirements when they are rebuilt or replaced. 4. Existing dwelling unit or dwelling site during the conversion to limit impacts of high requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means. Subd. 20. Riparian Access and Rights. For properties which as a result of the designation of the OHWL are found to abu the boundary of a lake, stream, or tributary, no section of this code shall be construed as obligating th^e ^ity of Orono to app^ro^^ s^”ucVu«ro^^an"l a^tera^tlon^ithin’ Irotected This section of the Code is intended to regulate land use and establish building and zoning restrictions only. Subd. 21. Amendments. All amendments to this including amendments to the official maps, must be submitte o Commissioner of the Department of Natural Resources adootion. Further, amendments to underlying zoning district staSLrds which may be in conflict with this a 1 submitted to the Commissioner of the Department of Natural Resources prior to adoption. Source: Ordinance No. 101, 2nd Series Adopted: 2-24~92 (Sections 10.57 through 10.59, inclusive, reserved for future exoansion.) ORONO CC 376-28 (2-24-92) March 4,1999 City Of Orono 2750 Kelly Parlovay Orono, MN 55356 Re: Proposed zoning change LR-lC-1 Subdistrict. nacsiVcD MAR 0 8 1999 CITY Or UHOiVO To whom it may concern, I Have recently become aware of the cities wish to rezone my property at 3790 Shoreline Dr. / have two acres at this location, currently qualifmgfor six units to built on the property. The property was purchased many years ago as an investment, with the intent of developing it in the future. The land is my retirement investment, and any down zoning that would affect the value of the land would be a great fmancial hardship to my self and my family. Anyone that has inspected the property would agree that it’s not an appropriate location for single family homes. The land abuts B-1 commercial, and land used for industrial purposes on each side. The west side Hennepin County Truck facility is a noisy nuisance, and is used as a hazardous waste processing site, j have a train coming by every other day on the north. 20,000 cars per day, and a church/school yard on the south. Worst of all, I have a nonconforming junk yard, and gravel pit on the east side. I’m aware that the city recently approved 29 townhomes to be built just 150 feet east of my property. I would expect the same zoning allowance on my property as well. If I need to apply to develop my land now I’m willing to do that. If the City Of Orono would like to purchase my property for fair market value, I would be willing to sell. I have appraised the property at $180,000. That ’s a conservative $30,000 per lot/unit. IftheCityOf Orono reduces my building eligibility by two units. I’m obviously damaged by $60,000 in property value. I would accept that amount as liquidated damages subject to my attorneys approval. I think that my property is unique in its location and should be excluded from your proposed zoning change. If the City Of Orono would like to clean up the neighbortiood, you should concentrate on eliminating the non-conforming uses on both sides of my land. The proposed change would only create njore non-conforming use of all the townhomes existing, and to be built just east of my property. Please call my with any questions or comments. Sincerely, Paul Larson Builder/Realtor 471-9122 471-2216 To;Chair Smith and Orono Planning Commissioners Ron Moorse, City Administrator From:Michael P. Gaffron, Senior Planning Coordinator Date:February 10,1999 Subject: Proposed Zoning Amendment: Eliminate LR-lC-1 50% Density Credit List of Exhibits A - Draft Amendment: Options 1 and 2 Ejections 10.25 and 10.26: LR-IC and LR-lC-1 Zoning Standards (tT^^tters from Area Residents [omprehensive Plan Excerpts L-lC-1 Zoning Maps [ap of Areas Notified of Hearing by Mail __ >110 Hearing Notice H - Staff Memos and Exhibits of 5-8-98 and 11-6-98 Background The City Council adopted an interim moratorium in May i998 temporarily suspending use of the 50% density credit in the LR-lC-1 zoning subdistrict. This moratorium was established due to a development proposal that Council believed would add too much traffic to the local streets, and would add to the high volume of traffic that is already overburdening Coimty Road 15. The properties zoned LR-lC-1 are located along County Road 15 in Navarre and adjacent to marinas on County Road 51 on Maxwell Bay. The existing neighborhoods surrounding these areas were developed prior to the City's adoption of zoning regulations, and are generally developed much more intensely than would be allowed under the current zoning regulations. The City Council is concerned that the current density credit language does not provide sufficient discretion to the City to ensure a development is planned in such a way that it provides sufficient open space, landscaping the traffic impacts. Due to these concerns, the City Council has asked the Planning Commission to review the LR-lC-1 standards, hold a public hearing, and make a recommendation regarding elimination of the 50% density credit. LR-lC-1 Standards The flnlx difference between the LR-IC Single Family Lakeshore Residential District (1/2 acre minimum, i.e. 2 units per acre) and the LR-lC-1 Subdistrict, is the LR-lC-1 allowance for a 50% density credit, i.e. up to 3 units per acre. To get the credit, development must proceed as a Planned Residential Development (PRD), and all units must be attached (groups of 2,3 or 4 units) in order to gain the credit. Additional requirements must be met regarding sanitary sewer, hardcover, building size and location, vehicle ingress and egress, parking, and overall density. 1 Zoning Amendment: LR-lC-1 Density Credit February 10,1999 Page 2 LR-lC-1 History The LR-lC-1 subdistrict was created in 1975 as part of the general rezoning of the City. There were likely two specific reasons to create the LR-lC-1 subdistrict in 1975: 1. 2. A majority of the properties rezoned to LR-lC-1 in 1975 were zoned B-1 (Commercial Business), B-2 (Lakeshore Commercial), or I (Industrial) prior to the rezoning, and the density credit may have been a concession to the property owners for the rezoning from Commercial/Industrial to residential. The LR-lC-1 would provide a location in the City for somewhat higher density housing than the 1/2 acre residential district allowed, and allow such housing to be attached for more efficient use of the land. The properties zoned LR-lC-1 upon adoption of the 1975 zoning code included the following: The Navarre theatre property. All land west of the Navarre theatre between County Road 15 and the railroad tracks to the city border, except the Hennepin County truck station site. Approximately 5 acres at the southeast comer of Caiman Street and County Road 15, north of the lagoon. - The area east of Lakeside Marina on North Shore Drive to the east boundary of north Shore Marina (included North Shore Marina). In November 1976 the B-5 Limit d Neighborhood Business District was created and most of the LR- lC-1 parcels between County Road 15 and the truck station property were rezoned to B-5. In 1984, North Shore Marina was rezoned back to B-2 Lakeshore Business. As a result of these two revisions, the remaining properties within the LR-lC-1 today include (See Exhibit E): The 9-acre plat of Navairo' on the old Navarre Theatre site (24 twinhomes). - The 10-acre Tonka Ventures PRD site - The 2.25 acre Sohns property and the 2.2 acre Larson property The 3/4 acre single family residence site west of the truck station driveway - The 5 acres at Carman Street and County Road 15 containing 4 single family homes; the east half of this area is attached to the developed single family properties south of the lagoon . The 3 acres between the marinas on North Shore Drive containing 4 existing homes, with a single family residence and a duplex expected to be built in 1999. Zoning Amendment: LR-lC-1 Density Credit February 10,1999 Page 3 Impact of the 50% Density Credit The LR-lC-1 density credit simply allows "a 50% increase in dwelling unit density over the LR-IC District". The LR-IC District requires a minimum lot size of 1/2 acre, which translates to a maximum dwelling unit density of 2 units per acre. A 50% increase in density yields 3 umts per acre. This credit is the sole basis for the LR-lC-1 District. Opportunities for Housing Variety Along Highway 12 The number of multi-family dwelling units that might be developed or redeveloped in the existing LR-lC-1 zones under the current code (excluding the Tonka Ventures property which will provide 29 townhouse units) is likely less than 20. However, the City has provided for sigmficant iiumbers of multi-family dwelling units in its Highway 12 Corridor along the north side of Highway 12 between ^^low Drive and Old Crystal Bay Road. The 1988 Comprehensive Plan Amendment No. 2 contemplates (and provides for) from 50 to perhaps 250 units of townhomes being developed at densities up to 6-8 units per acre. This area of Orono does not suffer from the existing high-density problems of traffic, stormwater management, etc. that are found in Navarre. Development at higher densities in the Highway 12 corridor can be accomplished in a manner that addresses all related concerns, rather than adding to them as it would in Navarre. Retain LR-lC-1 PRD Attached-Unit Capability? An alternative to total elimination of the LR-lC-1 district is to retain the ability to use a PRD to enable clustering and attached units. That is, allow up to 4 attached umts via a PRD, at the underlying district density. This would retain the ability to have a variety of housing (single family, twinhomes, quads) under "conditions" (A thru H). Summary Elimination of the 50% credit without retaining the ability for attached units, would functionally remove any distinguishing characteristics between the LR-IC and LR-lC-1 Districts. In this case, it would be most appropriate to eliminate the LR-lC-1 designation from the zoning code, and rezone all LR-lC-1 properties to LR-IC. Retention of the ability in LR-IC-1 to create attached dwelling units would enable clustering and the preservation of trees and green space that is not possible in the LR-IC zone. To this end, staff has drafted 2 options for amending the LR-IC-1 District for discussion and recommendation (Exhibits A). to: City of Orono From; Mark C Karan CuCC 6 (612) 471*9795 02/08/99 20:13:33 Pg 1 oC 1 Feb. 8,1999 City of Orono 2750 Kelly Parkway Orono, MN 55356 Dear Council Members, This letter is in response to the memo that I received about a public hearing notice in reference to the proposed revision to the Orono Zoning Code Section 10.26, subdivision 3 regarding tlie LR-lC-1 One Family Lakeshore Residential Subdistrict. I will not be able to attend this public hearing on Feb. 16th. Orono should reverse the decrease in dwelling unit dcmiiy th.at it had previously passed. 1 live in the Navarre area and most all of the lots are between 50 to 100 feet in width. Tliis area has a problem with hard cover and drainage due to the amount of homes, garages, driveways, decks and other structures on each property. This is something that 1 would not want to happen in other ar'as around the lake. It's much less exijeasive for all involved to pre^•ent the situation before it happens than after t!ie fact. .Another factor in tliis is having your neiglibors too close to each other. You don't feel that you can entertain company in the warm montlis outside with out up*setting \ our neighbors. Tlie additional noise from talking, children playing, and lack of additional parking for guests does annoy neighbors. How many of these area have adequate space for well water and septic? Would additional hard cover effect tlie erosion of property and cause additional pollution of the lake? If people feel that they have lost part of their investment because they can not sub*di\’ide in the ftiture. they shoulu have purchased fann land away from the lake area years ago. That’s \>here the high der/i>ty iend developments belong, not in the lake area. With this being "Tlie Lake Minnetonka .Area" it should remain a .suburban setting, not something that's turned into an area like Plymouth. I hope this has helped in your decision to keep our community in the setting that this area has been known for in the years gone by. " Large Open Spaces" for your familv' to grow up in. Sincerely..• • Karen Cuff 3572 Livingston .Ave Orono. MN 55391 471-9795 i I r (L'Z. February 8,1999 i*iD n • ' *' * v,.‘ Orono Planning Commission 2780 Kelley Parkway Orono, MN 55356 Re: Public Hearing Februaiy 16,1999 Dear Planning Commission: Thb letter is to show support for the proposed revision to the Orono Zoning Code Section 10.26, Suhdivion 3 regarding the LR-lC-1 One Family Lakeshore Residential Suhdistrict. I live at 3625 Lyric Avenue and there is a proposed development in the Langdon area (one block west of the Dairy Queen) that I strongly oppose. Shoreline Drive is far too busy and cannot support the additional traffic. The only peace from the constant traffic noise and view comes from the small area of woods that is the proposed development. To redirect the additional traffic this would create into the residential Navarro area would totally change the complexion of the neighborhood. I missed the public hearing on this development, but have attempted to talk to the City of Orono twice on my concerns, but no one has returned my phone calls. Please save my neighborhood from over development Very truly yours, Kathleen L. Fine 471-7970 L. 01 >% U .S3u c 01 ^ o CSJ wo 0> r>% rH a> VO rH 0% CSi • rH Csj •—( coO- CO I'* w® SS;S22 0> rH tl E ao 01u • u 5T 01 r—< JO i. 01 0,1-° ikl• ^ ^ •VO ov CM _ ^>%i- 01 i* ^ i. 01 <o o ^ <0 X) E 9 O 3 O Oi ^ 3 C ^ C «o U O O O XJu 0^ > Vo c o o o•c JSO >% JO o; > X) •- or 4^ ► u TJ V. < Ui i*SSSS!2sSg *-H*HCMC\iCNiCV4CNjCSJ•ooioioioioioior^o T3UUU0UU<^0cccccccccoi<o«o«o#o«Q«ooo gcccccccc T3'OXJX>‘OXJ ‘t|X> <ooooooOO x* 0» c c o «0 3•oc CL < 1CO LU Q < LU CO < LU q: GC < < Z •o owwccxy OzcoW) ocujIjOujcoujcn CgUJXO) S2ttO< • • I XI(0 & If (»0) !JR. •<a.6W / I ___IkOKkMjll fl8> ••••••• ••••••••••••••••<•••••••! ADOX i'3 n)'.»A OL I V QO. HH 204.55 jpjui 1•\f (9) • ••\*. t \ *• ♦V*/.174.66 1 V5a 236.71 NW4Q*W 529.67 • \9i -V SBl^S f I r • 1 is 1 A.. i (15) .•^'*■*100 >26.5 ^XS|\ 1 • 1 • 1 1 1■ 1 • (3) la •ISOs II (6) !l *1 * La • * • (7) s| (8) V >rv.v.v.>v.v.*<«»"v.4^t * v»>.«yyc<t <».a<|[r>ajr« CITY OF ORONO 2750 Ktilay Parkway. P.O. Bm 65 Cryttal Bay. MN 55323 Phona (612)473<7357 Ft* 473- 0510 WQTICF Tha Planning Commission will hold a 16. 1999 ai 6:30 p.m. on ih* manor of a proposod revision lo iha Orono Zoning Coda S kiijw) 10.26, Subdivision 3 regarding ih* Lelteshore ResidentialSuMstriCL Tht proposed revision would eliminate the of a n% increase in dwelling urwt density over cnat of the LR-lC District. Affidavit of Publication ^ state of Minnesota. County of Hennepin. 5"^ "“Yin eimiriaiion o •* * LR-lC-1 mao showing ih.map Rowing the atfoaed properiiei* te avaitaMatiheOty Offices. Biil Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKEF), Mound, Minnesota, and has full knowledge of the facts which are stated below; City of Oforx) By: Planning Commission ^^chael R Gaffron, Senior Banning Coordinator • PioneerJan. 30 and Feb. 6.1099) ‘ • \«r p 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 Revision To: Orono Zoning Code Sect 10.26 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___3Qrtaynf January 19Sa_, and was thereafter printed and published every Saturday, to and including Saturday. tha 6 Hay nf February ia99 brized Agent Subsaibed and sworn to me on this .19^ KRISTI HOLM Notary Public lV jS^.V my cciArjiissiON expires Vi^bte IrWWftMlIbrtMo (1) Lowest tiassWI8 iftat8T»J8fcTb y Tx xii nieitial tis^ for comparable space: $12.90 per inch. (2) Maximum rate allowed by law for above matten $12.90. Rate actually charged for above matten $7.19 per inch. Each additional successive week: $5.14. •• 6 '2. GITY<tf ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Malllni Address: P.O. Box 66 Crystal Bay, MN 55323-0066 PIIBI.TC HEARING NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 2780 Kelley Parkway on Tuesday, February 16,1999 at 6:30 p.m. on the matter of a proposed revision to the Orono Zoning Code Section 10.26, Subdivision 3 regarding the LR-lC-1 One-Family Lakeshore Residential Subdistrict. The proposed revision would eliminate the allowance of a 50% increase in dwelling unit density over that of the LR-IC District, and may result in elimination of the LR-lC-1 Zoning District, in which case all properties so zoned would revert to LR-IC zoning. The proposed revision would decrease the potential number of dwelling units that could be developed on properties within the LR-lC-1 zone. The meeting begins at 6:30 p.m. The public hearing will commence at 6:30 p.m. All persons wishing to be heard will appear at this time. Written comments are solicited. A map showing the affected properties is attached. All neighboring properties within 350' of the affected properties are also being notified of the public hearing. Any questions may be directed to Mike Gaffron, Senior Planning Coordinator, at 473-7357. Tdcphone (6U) 473-7357 • FAX 4734510 Application Date: 2/17/99 60 Day Deadline: 4/18/99 COUNCIL MEETING MAR 2 2 1999 Cl l Y OF OHONO REQUEST FOR COUNCIL ACTION DATE: 3/17/99 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2465 Robert D. and Lisa S. Erickson 364/372 Westlake Street Subdivision of a Lot Line Rearrangement Zoning District: Lot Area: (Existing) LR-IA One Family Lakeshore Residential District (2 Acre) 364 Westlake St. 372 Westlake St. 0.65 acre 2.01 acres ■V. Summary of Request: 1. 2. 3. The applicants are owners of two properties located at 364 and 372 Westlake Street. They have proposed a Subdivision of a Lot Line Rearrangement that results in two substandard lots. It is the intent of the applicants to build a home on the 372 lot and sell the 364 lot as a residential site. Both lots contain houses and a number of accessory buildings that would be removed prior to new home construction. The Erickson's have agreed to deed a portion of their property to the City for the east half of a future cul-de-sac at the end of Westlake Street. They have requested the City credit both properties for hardcover and structural coverage for the land deeded as they are offering to dedicate this pro;jerty to the City at the request of Staff and the Planning Commission. To close the portion of Westlake Street south of the proposed cul-de-sac. The applicants will be responsible for removing the existing road to be closed and accept 100% of the costs involved. The Erickson's would also be responsible for landscaping following removal of the street. Closing of the street would not include vacating the public access to Lake Minnetonka, nor change the public status of Westlake Street to the lake. PLANNING COMMISSION RECOMMENDATION: The Planning Conunission recommended by a 5 to 0 vote to: Approve the lot line rearrangement based on the conditions in the Staff report, and requesting the house on the 364 Westlake Street property be removed by January, 2000. STAFF RECOMMENDATION: Staff recommends approval of the application based on the enclosed Staff report. COUNCIL ACTION REQUESTED To direct SUdf to draft a resolution to be presented at the April 12,1999 Council Meeting. TO:Mayor Jabbour and Orono City Council Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:March 18,1999 SUBJECT: #2465 Robert D. and Lisa S. Erickson 364/372 Westlake Street Subdivision of a Lot Line Rearrangement Zoning District: LR-1A One Family Lakeshore Residential District (2 Acre) Lot Area: (Existing)364 Westlake St. 372 Westlake St. 0.65 acre 2.01 acres Summary of Request: The applicants are owners of two properties located at 364 and 372 Westlake Street. They have proposed a Subdivision of a Lot Line Rearrangement between the lots that results in two substandard lots. It is the intent of the applicants to build a home on the 372 lot and sell the 364 lot for a residential site. Both lots contain houses and a number of accessory buildings that would be removed prior to new home construction. Both lots would be less than the two acre minimum lot size and would not meet the 200' minimum lot width for the LR-1 A zoning district, therefore, both lots should require variances for lot size and lot width for a lot line rearrangement to be approved. This would avoid having to return to the Planning Commission and Council before a building permit is issued for new construction. Any structure placed on the proposed north lot would require an Average Lakeshore Setback variance. Should the lot line rearrangement be approved by the City Council, the following variances should be granted to create two buildable sites without requiring further Council review. 1. Lot width for 364 and 372 W'^stlake Street. 2.Lot area for 364 and 372 Westlake Street. 3.Average Lakeshore Setback for 364 Westlake Street. Any structure or hardcover would be required to meet the 75' lakeshore setback. U2436 Robert D. Erickson 364/372 Westlake Street Lot Line Rearrangement 3/22/99 Page I I 372 Westlake Street This property had been used as a single homestead with two rental cabins for many years. Currently, the residence and cabins are vacant, and all are scheduled to be removed should a lot line rearrangement be approved. The property was assessed for one sewer unit, but has not yet been connected. A SAC fee is required prior to connection. A non-conforming septic system is located within the 75' lakeshore setback. This system was required to be vacated and the property connected to sanitary sewer in 1996. Staff would recommend this occur for the newly proposed building site. This lot is 2.01 acres, meeting the minimum lot size required by the zoning code. 364 Westlake Street The lot is 0.6S acres and has a lot width at the street of 50'. A house and detached garage are located on the property. It is currently being used as a rental unit, and is served with sanitary sewer. Mr. Erickson intends to use the property as a rental unit until the property is sold. The Planning Commission recommended the house be removed by January, 2000. Typically, lot line rearrangements occur on properties that have existing residences that will not be removed. If this rearrangement was approved without removal of houses (not requiring variances for new construction) the house would remain as a legal non-conforming structure. The placement of the house would not require new variances due to its existing location. PROPOSED LOTS The new lot line would be located on the existing house on the 372 Westlake Street lot. The cabins in the 75' lakeshore setback would be located fully or partially over the lot line onto the 364 lot. Prior to filing the subdivision all structures on the existing 372 property shall be removed, and the septic system vacated. Removal of the two cabins would reduce the "dwelling units" existing on the lot. Section 10.03, Subdivision 7 allows only one dwelling unit per lot. Including the house the property contains 3 "dwelling units". Both cabins are less than 75' from the Lakeshore. §2436 Robert D. Erickson 364/372 Westlake Street Lot Line Rearrangement 3/22/99 Page! r.ot Area and Yards LR-IA (2 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 87,120 s.f.200'IS'30'50 ’ 364 62,797 s.f.50.00’75’30’50 ’ 372 52,481 s.f.148.59’75’30’50 ’ Both lots would be less than the required 2 acre minimum lot area (Section 10.23, Subdivision 6 (B)). Sewer Units Both properties have been assessed and provided with sewer units. 364 Westlake Street - Has paid SAC fee and connected to sanitary sewer in 1994. 372 Westlake Street - Has been assessed and provided one sewer unit. The lot has not been connected to sanitary sewer or paid a SAC fee. Pertinent Ordinance Section 10.03, Subd. 6: Existing lot of record; In ”R" Districts of greater than one acre and served by public sanitary sewer. A lot of record in any "R” District in the City in excess of one acre, which does not meet the requirements of this zoning chapter as to area or width only, may be utilized for single family detached dwelling purposes if the Council finds; (a) It is at least one acre in size^ and the average width of the lot is at least 100 feet; (b) It is served by public sanitary sewer; (c) It otherwise meets the requirements of this chapter or other applicable City Code provisions. This portion of the zoning code does not apply in this case as it only applies to lots existing prior to January 1,1975. The lot line rearrangement would create two new lots. Westlake Street Westlake Street is a public sfeet that is developed to the applicants property and is platted to the shoreline of Lake Minnetonka. Staff and the Planning Commission have worked with the applicants to create a cul-de-sac at the end of Westlake Street. The only way for emergency vehicles and automobiles to turn around is by using private driveways. This is an opportunity for the City to ^2436 Robert D, Erickson 364m2 Westlake Street Lot Line Rearrangement 3/22/99 Page 3 acquire land for the east half of the cul-de-sac. The cul-de-sac could be developed at the time the west half is acquired. The applicants are wilting to deed land for a 40' radius cul-de-sac, but have requested hardcover and structural coverage to reflect the lot area including that space dedicated to the cul-de-sac. The proposal would benefit the City by creating an opportunity to provide the ability to turn vehicles around on Westlake Street. 1. The Ericksons will deed to the City the land described on the survey for the east portion of a future cul-de-sac in Westlake Street. 2. The City will agree to the permitted hardcover and structural coverage on both parcels in this lot line rearrangement as if the cul-de-sac had not been deeded. 3. The City will permit Mr. Erickson, at his expense, to remove the hardcover from that portion of Westlake Street south of the proposed cul-de-sac, and provide landscaping in that area. (To allow Mr. Erickson to remove that portion of Westlake Street, it must be closed by the City Council south of the cul-de-sac and access agreements must be settled with surrounding property owners.) The road would be closed not vacated. The public would continue to have access to the lakeshore through the platted right-of-way. If the Council agrees to acquiring the east half of the future cul-de-sac the Ericksons have requested the following hardcover and structural coverage be recognized as if the land was not deeded to the City. Hardcover (Without cul-de-sac't Westlake Street Lot Area Lot Area in 0-75'Setback Lot Area in 75-250' Setback Allowed Hardcover in 75-250' Setback 364 63,783 s.f 25,318 s.f.38,465 s.f 9,616.25 s.f 372 52,840 s.f.23,508 s.f 29,332 s.f 7,333 s.f Hardcover (With cul-de-sac') Westlake Street Lot Area Lot Area in 0-75'Setback Lot Area in 75-250'Setback Allowed Hardcover in 75-250' Setback 364 62,797 s.f 25,318 s.f 37,479 s.f 9,369.75 s.f 372 52,481 s.f 23,508 s.f 28,973 s.f /,243.25 s.f §2436 Robert D. Erickson 364/372 Westlake Street Lot Line Reurrangement 3/22/99 FagfiA Structural Coverage (Without cul-de-sac> Property I Total Lot Size - as proposed Total Structural Coverage Allowed 364 63,783 s.f.9,567.45 s.f. 372 52,840 s.f.7,926 s.f. Structural Coverage CWith cul-de-saci Property Total Lot Size - as proposed Total Structural Coverage Allowed 364 62,797 s.f.9,419.55 s.f. 372 52,481 s.f.7,872.15 s.f. Pertinent Facts 1. 2. 3. 4. 5. The property at 372 Westlake Street originally consisted of three lots that have been combined for tax purposes. Lot 10 Lot 11 Lot 12 Total 0.62 acre 0.86 acre 0*52 acre 2.01 acres The property is zoned LR-1A requiring 2.0 acres. This is a conforming lot. The property at 364 Westlake Street is 0.65 acres. It is non-conforming. The lot line rearrangement, as proposed by the applicant, would create two non- conforming lots. Upon replatting of the properties, the applicant will remove the two residences, both rental cabins, and any other structures on the property. Both properties have been assessed for one sewer unit each. The SAC fee has been collected on the 364 lot and it has been connected to sanitary sewer since 1994. The 372 lot was required to connect to se» .r in 1995, but has not been. The property owner would be required to pay a SAC fee prior to connection. It was determined the lot would only be provided one unit despite the three dwelling units that exist on the property (one residence and two rental cabins). 1^24^4 Robert D. Erickson J ^(lake Street EfSf i fn? tf ?.’ rangement Page Z 6.It could be argued the subdivision could be a true lot line rearrangement if the 50' lot width were maintained at the street side of the 364 lot. The lot would be widened closer to the lakeshore. If the lot line rearrangement would occur variances would be required for lot size and lot width to create buildable lots. 7.The 364 Westlake Street lot is unbuildable without being granted an Average Lakeshore Setback variance. 8.The Planning Commission recommended all structures be removed from the 372 Westlake lot They also recommended the house and garage on the 364 Westlake lot be removed by January, 2000. Access The subdivision ordinance requires that any driveway be at least 10' from the side or rear property lines of adjacent lots. There is adequate spacing for the driveway arrangement on both lots. Easements Utility and Drainage easements shall be shown as 10' along the exterior lot lines and S' on the internal lot lines. Any existing easements should be vacated along areas no longer serving as property lines. Screening The front/back lot regulations require adequate screening between the front and back lots and along access routes to mitigate vehicular noise and lights. The proposed plan did not show how much screening currently exists or show how the screening may be improved. The applicant is encouraged to provide screening that will minimize the impact to the 372 Westlake Street property from the driveway for the northern lot. Right-Of-Way Westlake Street is a dead end street that does not have room to turn around without utilizing a driveway. The City should consider creating a cul-de-sac at the end of Westlake Street The City could request the property owner dedicate a portion of his property to allow the cul-de-sac to be built. U2436 Robert D. Erickson 364^72 Westlake Street Lot Une Rearrangement 3/22/99 Page 6 STAFF RECOMMENDATION Staff is recommending approval of the lot line rearrangement as proposed based on the following conditions: 1.The applicant shall grant easements, to be shown on the final survey, 10 feet along exterior property lines and 5 feet along interior property lines. 2.All existing structures on both the 372 Westlake Street lot be removed prior to filing the subdivision with Hennepin County. Applicant shall apply for demolition permits from the City prior to removal of the houses or cabins. 3. The on-site sewage treatment system located on the 372 lot be vacated. 4.Grant variances on both lots for lot area and lot width to create buildable lots and a variance for the 364 lot to permit an average lakeshore setback without requiring fu: •’ r Planning Commission or City Council review. 5. The 372 Westlake Street lot shall pay a SAC fee and connect to sanitary sewer. Attachments A B C D E F G H I J K L Application Location Map Section Map Plat Map Sewer Map Site Topography Existing Survey Survey with deeded road Survey with deeded road Survey without deeded land Permit Record — 364 Westlake Street Permit Record ~ 372 Westlake Street U2-(36 Robert D. Erickson 364/372 Westlake Street Lot Line Rearrangement 3/22/99 Page! A_ Application # ^ Date Received zhi! Amount Paid CITY OF ORONO - SUBDIVISION APPUCATION PROPERTY LOCATION Site address ^Of A a /J> Property Identification Number (PID) ttl ^>^_Y/ Please check one - Property abstra^ or torrens? Attach legal description to application?^ ^370. APPLICANT Name 1Sj€.T' t>, ^^/cA-sa^ Address S' V7 'T'oa J______: __ Phone (home) City ^?je€>4Ji> Zips' 5^ Pi'one (work) Y7:^ 3 t a». OWNER (if different than applicant) Name Address City __Zip Phone (home) Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District PROPOSAL Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ Dmsion for Tax Purposes \ CO Lot Line Rearrangement Only (no new buildling sites) Subdivision for New Build'mg Sites Number of BuUdine Sites Existing Units New Units •Total Units Proposed Gross Density Units per Acres Minimum Lot Size Sq. Ft. Dry BuUdable Land Proposed Use (check)Residential Other (specify) S 4C0 CJIIf?fWA U ^OFOmpB Q o 0 ORONO 400 [^ClfASnUf on i*^»'STf|‘-42^ i * ’ ••"•S - r* '.•** •*m ll^ V ?;. •N *Vi '••''•'*.• •*•• Pcint ‘:A <4 »««0«V*- _ •• • -T. <3^(3?) 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Ifll’llly I I m\\3;!i» '}* illlli si-**'!iimbi!:h * s nil Hi i. *1 I III Hnh "'- a & U 'J If s« :S> illiiilllliiflliiiifiiiii llijiliilli 88C8B88888:ililJIIIIII iI 1“'^' • II! lllllllllllllllllllllllll iHih: Uui Ui UuiUi u vlLsdSils&lli^lKSSSphlS o K Uj Uj -4 5^ 05: ^ 051 P5 1a ja 1 {K i « 5 i>1 11 1 1 •f i 1 1 9 0 1 m ¥i 3 i «% 1 o 1 1 2 i mpetinq MAR 2 2 1999 REQUEST FOR COUNCIL ACTION CITY OF OHONO DATE: March 22,1999 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: />m Agenda Section: Engineer ’s Report Item Description: Schedule Assessment Hearing for Orono Orchards Sanitary Sewer Project The bid opening for this project was held on March 17th. A total of seven bids were received for this project. The lowest responsible bidder was Widmer Inc. with a bid of $424,713.50 A bid tabulation and letter of recommendation, from the City Engineer, for a contract award to Widmer Inc. is attached for your information. Award of the contract will not be completed until after the assessment hearing. The low bid of $424,713.50 was higher than the feasibility study cost estimate of $392,225. The main reason for this was higher than estimated costs for the lift station and directional boring pipe installation. The contractors said that directional boring prices are higher because of the large amount of utility company work being completed now. The increased costs will not affect the project assessments, as the assessments for this project were previously approved at $16,000 per unit by the Council. This amount is based on the benefits provided to the property from the installation of sanitary sewer.. We are recommending that the assessment hearing for this project be held at 7:00 p.m. during the regularly scheduled Council meeting on April 12th. If no assessment appeals are received, the contract could then be awarded on April 12th. This would allow for a May construction start for this project. We are recommending Council approval of the attached resolutions ordering the costs to be assessed and scheduling an assessment hearing for 7:00 p.m. on April 12th. COUNCIL ACTION REQUESTED: Motion to approve resolution declaring cost to be assessed and ordering preparation of proposed assessment for the Orono Orchards Sanitary Sewer Project. Motion to approve resolution for hearing on proposed assessment for the Orono Orchards Sanitary Sewer Project. ip* BONESTROO ROSENE ANDERLIK ^ m Bonestroo l^osene V ■ Anderlik & ^ vlf Associates Engineers & Architects ©6516361311 03/18/99 11:33 0 :02/05 N0:073 Oufi^Uiuo, Rostf^t A^Jriu* Aftd Aiiutijliei I*h o Ct^u**/ O^ipOttumty f*nncif\Ut Otto Ct \nrv.«4^. IPF • Rtcnsrai. Turner. Pt • Qicnntf Loon • uoseu G Scruintcni Pt * Jerry A Bourdon. FI « Robert W. Ruirne PC Sus^n M Ebeil»n l' PA. ?enmr Ci'muli.mU AnofMr#Fr/nc/p#/j;Howrfrd A SAnro/ci. k ( • ifcuh A Gorj**'n Ht • Roocr: » Pfctftrte PC • PicnArd MU rosttr. PC • DAV«0 O L01kt'l/« Pt t fotiMl c Wu.Ul aia • M^fK A HAmon Pt • Mich^tl T. RAuim«nr\ PC • fed K field. PC • JCeM/ieih P Andeiicr* PC • M^i» P Rolfs. PC • \»<lney P. WiMijmton, P.C l-S • Rnl»eM f Knlimliri • Ayi****, A* Ruig • M'liMrl P R.iu P.C • AiMM R>«k ^iH/nidt. PC (fV//frf Sr Rcrhr%ier, •JUill»n,i» ;ini^ St Ciniicl MM • Miiw iu»re \IUI dre/i.tiie wwMbanevtnm f om March 17.1999 Honorable Mayor and City Council City of Orono 2750 Kelly Fkwy PO Box 66 Crystal Bay, MN 55323 Re:City of Orono Orono Orchard Sanitary Sewer BRA File No. 139-98-101 Honorable Mayor and City Council: Bids were opened for the project stated above on March 17, 1999. Transmitted herewith are ten (10) copies of the bid tabulation for your informution and file. Copies will also be distributed to each bidder. There were a total of 7 bids. The following summarizes the results of the low 5 bids received. Contractor Bid Amount Low Widmer, Inc,S424.7 13.50 #2 Penn Contracting S447.340.00 G L Contracting. Inc.5454,420.45 #4 Barbarossa & Sons. Inc.5490,514.00 #5 Burschvillc Construction, Inc.5515,212.50 'llic low bidder on the project was Widnier, Inc. with a base bid of S424,713.50. These bid.s have been reviewed and found in order. Thereforet we recommend lha* the project be awarded to Inc* for the base bid amount of $424,713. SO. Should you have any que.stions, please feel free to contact me. My direct dial phone number is (651) 604- 4843. Yours very truly, BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. Glenn R. Cook Enclosures GRC:jins 2wWst Highway 36 • $t. Paul. MN 5SI13 • 65t-636*4600 - Fax; 651'636-131l 888 li!i i! It’Sasii I i if jisJ !i§i^ •» M i nv f ill 1ill 8 88 8 Id 8 888 I ?| ?. 5 ill «* A •» Si 8n 8 83 gigi 8 8«4 I P P Ik* 8 88 8 § P SS *a •* 8 5 88t 515§§l I i If* 88 8 5| I ja Sk 1 iiiiii ^ ^BS i 8»a aa s ^ r* 5?91 r«> 8 I I 18ft 8 99 I U 2 ! rsTI -'io 5 mil3l 8^ 88 § § ft ft 8 8 1^ •-0)♦“ A 3 !H I 88 8 88 8 I IS 2 ii l§8l ill 1 ij 888 8 88 8III! I ■! ! ! s 8S)<i |s|oi 5 2 S 8* ftftft Si 88 8 88 8 “! i ag s «a 111 llllill B d 88 ^ «!“» »Kj “* I I ^11 ^ tb S SS & iS iS ilu i,l i ” ‘ jlh}!**.* *11H-in i lliliillll i r M ftftft 9i Aft' 8 fN GQ 4 39 £ZO:ON SO/1/O: S ££Ht 66/St/£0 U219£91S9S ^inyaoNv 3N3soy ooyiS3Noa A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR ORONO ORCHARDS AREA SANITARY SEWER WHEREAS, costs have been determined for the improvement of sanitary sewer in the Orono Orchards area and the estimated contract price for such improvement is $424,713 and the expenses incurred or to be incurred in the making of such improvement amount to $121,128 so that the total estimated cost of the improvement will be $545,841. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA: 1. 2. The total cost to be assessed against benefited property owners is declared to be $368,000. Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2000, and shall bear interest at the rate of 8 per cent per annum from the date of the adoption of the assessment resolution. 3.The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the clerk's office for public inspection. 4.The Clerk shall upon completion of such proposed assessment, notify the Council thereof. . Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held March 22, 1999. Gabriel Jabbour, Mayor ATTEST: Carole A. Haseman, Deputy City Clerk 1 E > 2 Im (/i €8 C80*k. < 01 uu 00 fo S: oc 2 O • • 1u § C8 O •OMu k. E 9z uoso 9, >% 5 2a. ooz.oXo t.a o e 4> Ew M C0 M ozoacO • •■ • k. 0\ I 00 m CL U 9m» B E 9z >* >s :s .a• ■A 9 M 8 •a T3 » 2 c 8 >- o %m E < ts. £a. 5^ • • 9 0> E 9z > ^ 8u 4> C»o J3 =B i I 9 B. 5 c fi ’C H ft* B O B » ♦- 4# 12 23 I i 1 iiH H ft* cu > < Z <2 >- pj Osm»n «om Z2 >• < UJ > < Z I 5 'n CN U CO LU O. X m D U oo o VO tr» O m CN I rio ON W 5n > < Z z < 2 >• vn UJ > < Z 2 5:3 «o CN Oo ooo f^loo m CN I CN O UJ > < Z <2 > § X2 to K < O ftC <2 ooo CNo § § <Iuoio o Zo 0^o o^o O LU H>- UJ Is o S oioo m CN I CNo r- 9 . >• < <4 QCusou Z <s <uZ CO Oo oo ooo CNm S CN r* I CNo Ovm*o z 2 > < UJa <! 2 CO UJ 2 < CO U3u. tu oo ooo CN C^ioo m CN I I c^io OcC O U < Xutco 01 tt:o o ri H Z <zo pc: UJ2 D O forns m I CN O 9 <zu o ozo p^o o00 X Xs zft« LU COo oo ooo m CN I CN O § X o ozocdo oo> I CO p^ < JX Ou ooso VO Ovooo INm O IN O I A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ORONO ORCHARDS AREA SANITARY SEWER WHEREAS, by a resolution passed by the City Council on March 22,1999, the City Clerk was directed to prepare a proposed assessment of the cost of the Orono Orchards area sanitary sewer, and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in the Clerk's office for public inspection. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OT ORONO, MINNESOTA; 1. A hearing shall be held on the 12th day of April, 1999 in the Orono Council Chambers, 2780 Kelley Parkway, at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest may be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at anytime thereafter, pay to the City the entire amount of the assessment remaining unpaid, with the interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council of Orono, Minnesota at a regular meeting held March 22, 1999. Gabriel Jabbour, Mayor ATTEST: Carole A. Haseman, Deputy City Clerk 4 1 r,.d t COUNCIL MEETING REQUEST FOR COUNCIL ACTION MAR 2 2 1999 DATE: March 22, 1999 cn Y OF ORONO ITEM NO. = // Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer ’s Report Item Description: Request for Payment #5, Navarre Water Treatment Plant Rehabilitation We have reviewed the information submitted by the CiQr's engineering firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment #5, to Shank Constructors, Brooklyn Park MN in the amount of $59,759.00. ^ • Bonestroc Roscne fn Owner City of Orono. 2750 Kelly Pkwy. Orono, MN SS323-0066 Date: March 8.1999 MtOii Per Period: JJanuarv 28.1999 to March 5.1999 Assodattf a^tiwtiwotcjcontractor. Shank Constructors. Inc.. 3501 85th Ave N, Brooklyn Park, MN 55445 Request No: REQUEST FOR PAYMENT NAVARRE WATER TREATJVIENT FACILITY RENOVATION BRA FILE NO. 13997 SUMMARY I Original Contract Amount Change Order - Addition Change Order • Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 5% Subtotal 10 Less Amount Paid Previously II AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 3 4 5 6 7 8 9 s'^soq S JOAIO.OO s Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor SHANK CO Approved by Owner CITY OF ORONO Specified Contract Completion Date:Date: IC\l38V13MnWOROAEQUEST5.WB2 636^600 647J10 431J57 0.00 43IJ57 21468 409,789 3S0.030 59,759 !. r' No. Item Contract Unit Quantity Total price for the renovation of the Navarre Water Treatment Facility, including demolition, process equipment (by base bid manufacturers, as described in Part III of this Proposal) plumbing, HVAC, electrical work, controls and instrumentation, process piping, painting, and all other items shown, specified, or implied to place the facility into full operation for the LUMP SUM of: LS I 2 3 8 Breakdown of above: Mobilization & Div. 1 Demo-Lab. Demo • Mat Concrete Bottom • Lab. Concrete Bottom • Mat Div. 5 • Ub. Div. 5 - Mat Div 8 • Lab. 9 Div. 8 • Mat 1 0 Softening Equip - Ext 11 Softening Equip-Int 12 Filter Equip - Ext 13 Filter Equip • Int 14 Piping & Valves 15 Interior 16 Filter Equip - Lab. 17 Filter Equip • Mat 1 8 Softening Equip • Lab. 1 9 Softening Equip - Mat 20 Filter Media -Lab. 21 Filter Media - Mat 22 Softening Media - Lab. 23 Softening Media - Mat 24 Chemical Feed - Lab. 25 Chemical Feed - Mat 26 Pumps - Lab. 27 Pumps - Mat 28 Blower-Lab. 29 Blower - Mat 30 Piping & Valves • Lab. 3 1 Piping & Valves - Mat Unit Quantity Current Price to Date Quantity 37.894.00 12.944.00 11.850.00 10.121.00 10,360.00 493.00 • 1.173.00 1.190.00 4.989.00 5.200.00 9,000.00 13.500.00 31,000.00 13.600.00 6,600.00 15.692.00 53.793.00 2.352.00 17.038.00 4.200.00 28.375.00 563.00 18.554.00 7.352.00 8393.00 7.500.00 16.827.00 5.987.00 6.757.00 26.922.00 87.181.00 K.-M39\t3997\WOfU>tREQUEST5.WB2 100% 100% 100% 100% 100% 40% 100% 40% 100% 25% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 20% 100% 55% 70% 25% 5% 100% 50% 15% 15% 50% 100% 100% 20% 100% 45% 20% Amount to Date 636,600.00 37,894 12,944 11,850 10,121 10360 2,080 9,000 5.400 31,000 3.400 15,692 53,793 2,352 17,038 4,200 28,375 563 18,554 8393 16,827 1,197 6,757 14,807 61,027 I 32 Kvac 33 Electrical 34 Steel 35 Welding 36 Grinding Total Work Completed To Date 16^00.00 42.7%42.7%6.923 134.000.00 25%25%33.250 1.200.00 60%50%700 5.SOO.OO 86%65%4,751 2.300.00 • 91.7%70%2.109 « ••• • • • 43US7 r.K i •u . K:\13gM3997VWORO^QUEST3.WB2 PROJECT PAYMENT STATUS Owner CITYOFORONO Project No. FUeNo. Contractor SHANK CONSTRUCTORS, INC. CHANGE ORDERS PAYMENT SUMMARY COi iwnn MPI=T>NG MAR 2 2 m CITY OF OHONO REQUEST FOR COUNCIL ACTION DATE: March 22, 1999 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Easement for Baldur Park Peninsula Sanitary Sewer Extension At the request of Mr. Fred Puzak on March 8th, the City Council ordered the preparation of a feasibility study for an assessment sanitary sewer project to serve the end of the Baldur Park peninsula. Mr. Puzak lives at the end of the Baldur Park peninsula. Completion of this project will require that the City obtain a utility easement across Mr. William Franklin's proper^. Both, Mr. Puzak and the City of Orono have been unsuccessful in numerous attempts to contact the adjoining property owner, Mr. Bill Franklin regarding this project. He was notified of the Council action ordering a feasibility study, and we have not received any response from him on this issue. Mr. Puzak needs to replace his nonconforming and poorly functioning septic system as soon as possible. To avoid any delays with this project, staff is recommending that we begin the easement acquisition process, so it can run concurrently with the assessment process. I have attached a letter outlining the proposed easement acquisition process that we would like to send to Mr. Franklin. The Council net^s to review this proposed process, compensation, and time schedule for easement acquisition and provide staff with comments regarding this issue. We are requesting Council concurrence with the recommended plan before Mr. Franklin is contacted. COUNCIL ACTION REQUESTED: Approval of the recommended plan for obtaining an easement for the Baldur Park peninsula sanitary sewer extension project and authorization for staff to send letter to property owner regarding obtaining an easement for this project GlTYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 March 23,1999 Mr. William Franklin Broadway Sales 1000 West Broadway Minneapolis, MN 55411 RE: Baldur Park Sanitary Sewer Dear Mr. Franklin; On March 5th, you were sent a letter regarding a project for sewer installation at the end of the Baldur Park peninsula. A copy of this letter is attached for your information. We have heard no response regarding this issue. A: their March 8th meeting, the City Council passed a resolution ordering the preparation of a feasibility study for this project. As described in the previous letter, the feasibility study is the Erst step in a several month process to implement an assessment sewer project. Completion of this project will require that the City of Orono obtain a permanent easement across your property . There is currently a 12' wide driveway easement for the existing driveway that serves Lot 30. This easement does not have any provisions for the installation of utilities. The owner of Lot 30 currently does not have natural gas service and is using a fuel oil heating system. The City of Orono needs to obtain a permanent easement dedicated to the public to allow for the installation of sanitary sewer and other utilities in the vicinity of the driveway. Our standard utility easement is 20' wide. The area of the existing 12' wide driveway easement is approximately 7,200 sf The area of the proposed 20' wide utility easement will be approximately 12,000 sf. for an additional easement area of 4,800 sf. The location of utilities in the vicinity of the existing driveway will result in minimal impacts to your property ,as the driveway is located along the edge of your property, and this area is already encumbered by the driveway easement. Tetephone (612) 479-7357 • FAX 473-0510 Based on the presence of an existing driveway easement along the edge of the property, and the location of the utility easement in this driveway area; the City's position is that the proposed utility easement will result in minimal impacts to your property and is prepared to offer $1.00 per sf. for the additional 4,800 sf. utility easement area. The $1.00 per sf. is our standard unit price for utility easements. This results in a $4,800 payment for the easement. The installation of sewer will also greatly benefit your property, as it will allow for future development of the property. The City will also need to obtain an additional 10' wide temporary construction easement on each side of the permanent easement to allow for installation of the sewer. This is a temporary easement that expires after sewer installation is completed, so no term encumbrances are created on the property. The City's position is that this temporary construction easement has no permanent effects on the property therefore it has very minimal value. We are prepared to offer a $500 payment for this easement. Please review th..« <‘osement information and provide us with a response at your earliest possible convenience. With the cooperation of property owners obtaining an easement can be a qujck and easy process. Absent agreement from the property owners, obtaining easements can be a long process. In order to avoid possible delays for this project, the City needs to conduct the easement acquisition process concurrently with the assessment process. The owner of Lot 30 is having septic system problems and needs to have sewer installation completed this year. The city would like to have your response on this easement issue by Monday, April 5th. Absent a positive response, that you are willing to provide the necessary easements to complete a sewer project, the City Council will take action at ^eir April 12th meeting to initiate the Eminent Domain Process for easement acquisition. This process allows the City to acquire an easement within approximately 90 days. During this time period, the City and property owner can attempt to reach an agreement on the value of the easement. If a satisfactory agreement between the City and property owner caimot be reached, during this time period, the next step is to proceed with the condemnation commission process. Please contact me at 612-249-4621 should you have any questions regarding this project. Thank you for your assistance in this matter. Sincerely; Gregory A. Gappa Director of Public Services V v> I O a ^ s 5 ^ s: § ? a o' ^ O ‘ ''i o' jrl rJ I •I ^ *• 4 o-o ir r c^ GlTYof ORONO Municipal OfHces Street Address: 2750 Kell^ Parkway Orono. MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323^66 March 5,1999 Mr. William Franklin Broadway Sales 1000 West Broadway Minneapolis, MN 55411 RE: Baldur Park Sanitary Sewer * Dear Mr. Franklin; Consideration of the Baldur Park Sanitary Sewer Extension project is on the agenda for the Monday, March 8th, 7:00 p.m.. City Council Meeting. The Council infonnation packet is enclosed for your review. The action requested is approval of a resolution ordering the preparation of a feasibili^ study for this project The next step after receipt of the study will be for the City Council to conduct an official public hearing to obtain comments from all of the affected property owners. You will be sent a notice for this public hearing. This hearing will be held later this spring. After completion of the public hearing, the next steps in the process are for the Council to order preparation of plans and specifications and competitive bidding of the project. After receipt of bids, the Coimcil will conduct an assessment hearing for the project. You will also be sent a notice for the assessment hearing. The assessment hearing process includes formal steps for appeal of the project assessments if the assessments are greater than the increased market value of the property that is attributable to the sewer installation. The city will also need to obtain an easement across your property for installation of the sewer. This material is being sent to you to pro\dde you information on this proposed sewer project Please contact me at 612-249-4621 should you have any questions regarding this project. Thank you for your assistance in this matter. Sincerely; Gregory A. Gappa ^ Director of Public Services Telephone (612) 473-7357 • FAX 473-0510 COiiMr.li MfSETlNG m&R 2 2 1999 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: March 22, 1999 ITEM NO.: / 3 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Eogineer's Report Item Description: Hennepin County Road IS Restriping Project in Navarre I have attached plans from Hennepin County for the restriping of CR 15 in Navarre. Completion of this project is planned for this summer. The plan is to provide a left turn only and a through traffic lane on CR 15 at the CR 19 intersection. There are currently two unmarked lanes at the intersection, with both lanes being used for through traffic. This creates problems with yehicles pulling out, into the through traffic in the right lane, when they get stuck behind left turning vehicles. There are also problems with vehicles merging past the intersection where the road drops back to one lane. These two unmarked lanes create confusion as drivers are not sure which lane they should be in. The new lane configuration should increase safety at this intersection. In the rest of Navarre, a dedicated lane for left turning vehicles will be provided with a through traffic lane provided on the outside edge of the road. Currently, there are problems with left turning vehicles stopping in the traffic flow and through traffic vehicles attempting to pass on the right side. This new lane configuration will provide for safer left turning movements and better through traffic movement. This project has been requested by the City for the past several years and staff favors this project. The Police Chief has reviewed ^ese plans and is strongly in favor of this project. COUNCIL ACTION REQUESTED: No Council action requested. k l . ;.M7W)CWi tvr vu-Aiw- VO Oz r Vi) uo . I t— V/) 8 c»o No Xn <l I Csiou- *3AV 3NIVTa NVnUVD *9S» ▼ *I I I t .1J/IV Jivif jg ■y .09 B .1.: 31V0S 61. *0N *H*VS*0 OJL *3AV ONOUO JO f COUNCIL MEETING REQUEST FOR COUNCIL ACTION mar 2 2 1999 CUV OH ohono DATE: March 22, 1999 ITEM NO.: / ^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Item Description: Order Plans and Specifi^tions for Stubbs Bay Road CuI-de-Sac Agenda Section: Engineer's Report Attached is a letter from MNDOT regarding this project. MNDOT has authorized $130,000 for the closure of the TH 12 intersection and construction of a cul-de-sac south of the railroad tracks. The remainder of the money is for the reclaiming and repaving of Stubbbs Bay Road north of Watertown Road. Once this road is a dead end road, it can no longer be designated as a State Aid Street North of Watertown Road, so this project will provide funds for a long term repair and upgrading of the pavement section. The plans and specifications will need to be submitted to MNDOT for final approval of the Cooperative Agreement. Construction of this project is planned for this summer. COUNCIL ACTION REQUESTED: Motion to approve City Engineer preparation of plans and specifications to complete a Cooperative Agreement project with Ml^OT for the closure of the TH12/Stubbs Bay Road intersection. \ r 't Or T*^ ^ Minnosota Dapartmont of Transportation ^ Matropolitan Division Waters Edge 1500 West County Road B2 Roseville. MN 55113 March 12,1999 MAR 1 7 1999 651-582-1370 CUV Mr. Greg Gappa Orono Ci^ Engineer Orono City Hall P.O. Box 66 Crystal Bay, MN 55323-0066 RE: TH 12 at Stubbs Bay Road North in the Ci^ of Orono Cooperative Agreement Road Closure Project Dear Mr. Gappa: * * Tlus letter is to inform you that Mn/DOT has allocated $130,000 to be used for the Stubbs Bay Road closure in the City of Orono. This funding will be provided to the City to complete the permanent closure of Stubbs Bay Road at Trunk Highway 12. The $130,000 is a lump sum amount to be provided to the City and will be considered Mn/DOT’s total contribution to the project. The funds are immediately available and the project must be under construction prior to June 30,1999 in order to utilize the funds. The City will need to follow the Metro Division*s Cooperative Agreement process. This will involve construction plan review and approval and the execution of a cooperative construction agreement prior to advertising, bidding and awarding a project. Enclosed with this letter you will iBnd a design guide book and sample plan that will assist you in working through the required process. Although the enclosed sample plan is in metric, Mn/DOT will be converting back to English, and therefore, will accept plans in English or metric units. Also, Mn/DOT will be holding the Annual Cooperative Agreement Design Seminar on April 15,1999. It would be to your advantage to have the project designer/manager attend the seminar. Please contact me if you are interested. Additional information regarding the seminar will be coming out shortly. If you have any questions or require additional information regarding the project to close Stubbs Bay Road, please contact me. Sincerely, Kevin Hoglund, P.E^ Cooperative Agreement Engineer Metro Division cc: Bob Brown, Metro State Aid ProjectyJ^^al opportunity employer COUNCIL MEETING m 2 2 W99 CVVY OF OHUimO REQUEST FOR COUNCIL ACTION Date: March 19,1999 Item No.1^ Department Approval: Name: Michael P. Gaflron Title: Senior Planning Coordinator Administrator Approval:Agenda Section: Zoning Item Description: Sewer Connection Request, 465-485 Orono Orchard Rd. S. - Edward Hamm List of Exhibits A - Letter of Request 3-16-99 B - Site Evaluation/Design Excerpts, Site #2 C - Memo and Exhibits of February 19 D - Council Minutes of February 22 Additional Information Bruce Palmer has submitted an updated letter of request and a site evaluation report indicating that the potential drainfield site northeast of the house (south side of the driveway) is usable. There are however, minor technical downsides to use of this site: 1.Both primary and alternate systems would have to be 50' from the well. This meets State standards, but not Orono's 75’ requirement. The alternate site has little potential for impacting the well because it slopes away from the well. The west end of the primary site, however, is somewhat uphill from the well, so if system surfacing occurred it could conceivably drain overland toward the well. However, this risk is low and the Septic Inspector will grant this setback variance because this is an existing home. 2.The northeast comer of the primary site is less than 20' from the existing main driveway seving the property. Drainage from the driveway might have to be diverted away from the drainfiled. Again, this is an administrative variance that would be granted. There are other downsides as note by Palmer, relating to use of the site: 1 . 3 large pine trees will have to be removed to make use of the primary site, 2. A portion of a wooded newer-growth buffer area between the house and the road would have to be removed to make use of the alternate site. Hamm Sewer Request March 19,1999 Page 2 ’ Steve Schirmers has indicated to staff verbally that site #3 north of the driveway was not suitable due to high water table problems, and also does not have a large enough area of suitable slopes to be useful. Site #3 was the only other site that appeared to have any potential when staff reviewed this issue in February. Schirmers has indicated he will provide written comments regarding site #3, for the record. Steve Weckman and I visited the site with Palmer on March 17 to review the possibilities. We noted that while the original tested site had clearly been driven on by trucks, no followup testing had been done to ascertain whether that site may still be viable. One of the reasons it is difficult to find sites on the property is the size of the house. It is 8 bedrooms, plus 1 bedroom in each of the 2 guest houses. As a result, the drainfield sites need to be twice the area needed for a normal 5-bedroom system. We looked at the potential for splitting the flow into two systems on smaller sites, but again the steep slopes throughout the site and the proliferation of roadways, terraces, and other site improvements severly limit the number of available septic sites. The information submitted demonstrates that on this 18-acre property there is one viable primary site and one viable alternate site capable of serving the requirements of the existing house and guest houses. These sites have a number of technical downsides, but the technical downsides do not make the sites unusable. The social ramifications of losing trees and screening to accommodate a septic system, is a separate issue for Council to consider. These same characteristics apply to any number of smaller residential properties throughout the City in similar situations. Zoning and Future Development Based on septic capability, the 18-acre Hamm site has extremely limited developability. If this property was being sold for development using septic systems, it is unlikely that it could support more than 2 or 3 normal sized homes in total. With sewer, the site might accommodate as many as 7 or 8 homes based on a 2-acre minimum lot size. It should be noted that the most southerly portion of the property is within the Shoreland district, less than 1,000' from the lake. Mr. Hamm has no stated intent to develop the property at this time; his goal is to provide for the existing dwellings. Palmer indicates that if the sewer request is granted to serve the main house and two guest houses, Mr. Hamm is willing to accept a restriction of future subdivision of the property to just the three existing units. Staff assumes this means if the main house and two caretaker houses are allowed to connect to sewer now, those buildings could be replaced in kind. Does Council wish this to also mean that if the 18 acres is divided into three lots, that each lot would be allowed one sewer connection? i Hamm Sewer Request March 19.1999 Page 3 Sewer Unit Determination Policy In 1984 the Council adopted a sewer assessment policy that includes the following method of sewer unit determination for guest houses: "d) Residential properties containing a principal residence and a guest house will be assigned units as follows: 1) 2 units if the guest house is detached, if the guest house has 1,000 s.f. of living area or more, and/or if the lot area is at least 1-1/2 times the minimum lot area of the zoning district. 2) 1-1/2 units if the guest house is detached, if the guest house has less than 1,000 s.f. of living area and if the lot area is less than than 1-1/2 times the minimum lot area of the zoning district. 1-1/2 units if the guest house is attached. 4) Additional unit assessments shall be due in cash if the property is ever subdivided and less than 2 units were originally assessed. e) Residential properties containing an accessory building to be connected to sewer or water shall be charged only the one unit for the principal residence provided the accessory building does not constitute a guest house or dwelling." Staffs interpretation of this is that because the lot area greatly exceeds the 2-acre minimum, each guest house is assigned one full sewer irnit, for a total of three units on the property. Summary The property meets the following criteria for sewer: contains an existing residence with a failing septic system; is adjacent to a Metro force main and near (although perhaps not strictly adjacent to) the City sewer system; a City project will be required to serve tlie property; and - is adjacent to the MUSA (boundary goes down middle of Orono Orchard Road). However, the property does have one suitable primary drainfield site and one suitable alternate drainfield site large enough to serve the existing 3 dwelling units, and therefore does not meet die requirement of demonstrating that no septic options are available. Applicant notes that use of the viable sites has other negative impacts on the owner’s use and enjoyment of the property. This is the case for many property owners faced with having to replace septic systems. t: 4 Hamm Sewer Request March 19,1999 Page 4 Staff Recommendation If Council determines that this property should be sewered, approval should be conditioned on limiting the number of units to the 3 needed to serve the existing 3 dwellings. Council is asked to provide staff and applicant with direction as to whether future subdivision of the site may make use of these three units. If the property is allowed to be sewered per the above, approval should be conditioned on Hamm paying all costs associated with extending the sewer to the property, conecting to each dwelling, as well as the appropriate connection charges, permits and SAC charges per the current fee schedule. A resolution specifying conditions will be prepared for your next meeting. COUNCIL ACTION REQUESTED Take one of the following actions: Approve subject to conditions noted above Deny, based on not strictly meeting criteria established for use of 50 allowable sewer units Table for further information (specify) Other. March 16,1999 RECEIVED MAR 1 6 1999 City of Orono P.O. Box 66 Crystal Bay, MN 53323 Cl iY uf OSOWO Attn: Michael P. Gaffron RE: 465/485 Orono Orchard Rd Dear Mike, I am writing as a follow-up to our previous request for permission to hook the properties referenced above to the city’s sewer system. Attached to this letter is the additional testing as requested. S-P Testing Inc. reviewed site #3 (which is just north of the driveway) and determined that it is not a suitable site. They also reviewed site #2 (just northeast of the main house), and determined that that would be a suitable site. As stated in my previous letter dated February 9,1999, and in conversat.ouS with the city council on February 8,1999, site U2 presents problems in that it is very near the house and several large trees would have to be removed. I also do not believe that this is a long-term solution for this property, and that the ability to connect to the city’s sewage system would in fact be a long-term solution. I have spoken to Mr. Hamm regarding the issue of restricting any additional subdivision of the property beyond the three residents that currently exist, and he is agreeable to this restriction. Please feel free to contact me at (612) 893-8821. Sincerely, Bruce Palmer ' , I >0'3/ie/88 08:88 FAI 6124875011 S P TESTING INC 12102 5-P TESTING^ INCm Steven B. Schirmers ■ MPCACert.No. 627 951 Katydid lane NE • St Michael, MN (ei2>497^Joi1 State License #394 March 12.1999 Edward Hamm 465 & 485 Orono Orchard Rd. S. Orono, Henn. Co.. MN This otMlto sewage treatment system Is dwigned t^ the main house & 2 guest houses with 1 bedroom each, in aott^anoe wift Minnesota PoHution Control Agency Chapter 7080 ar^ocal ordinances. Approval will be needed from the city for a 50* setback from the existing well. Ti > soils on thb site are SCS soils mapped - KkC - Kilkenny loam. The se^onaliy ^ saturated soils were leeated at ir to 2tr (motHed MU). .P” Tto soils, a Pressurized Mound System vylH deed to ^ im of the treatment area must be located at least 3 above the saturated sorts. The soils at a depth of 12“ have a percolation rate averaging 15.0 mpi. All of the existing tanks will need to be verified ^ ® watertight, H must be abandoned, pumped and filled with soil. 1 I 03/ie/99 00:59 FAX 6124975011 S P TESTING INC Qioa end sound device, this is in case Of a pump failure. just break up the sod, be sure not to over work. All neighboring wells are located greater than 100* away from the proposed trealmern area. Odsifln is nol valid & tho systam will noed to be relocated rf faflure to pr propel for On-SIte Sewage Treatment occurs. • 11-^ With proper installation and maintenance, this system should have no problem in treating se^ effluent effectively. Nothing other than human waste, toilet tissue, >aun^.should be disposed of into the septic tanks. Iron filters riuial to diverted^^^ SroughtherruinlH»tebyaoeittiedpu^ Check with your pumper to set Up a schedule. Steven B. Bchirmere -1 •7 y (ji lU 5i t S 1 =f7?n —3AV'~'»o7j<fiSr 2 #/ A^;A?7^ / .*»x 17 ^>, , >i'. A '/Xs—'<—n-^ IIIllP 1 > i*«J.^ j a 5 c ci C voia 3NI DNI15JX a 5 TTOBiem# ivj es:60 «e/PT/c.o — « REQUEST FOR COUNCIL ACTION Date: February 19,1999 Item No.: j ^ 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 1 8-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 Weckman 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 would 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 prop>erties 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 old 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, was allowed only the number of lots that could have been developed by actually using septic systems, i.e. the number of lots was limited not only by the 2-acre standard but also by actual septic capability. The relevance of this to the 18-acre Hamm site 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 ail 3 of Hamm's dwellings by gravity. Connection Charge The current connection charge for the Minnetonka Bluffs 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 property should be sewered, approval should be conditioned on limiting the number of units to the 3 needed to serve 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; more 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. U nited Properties February 9,1999 iiiiiiiiiiiiiim. ___ R0OI l$faf0 S0r^K0l n\l UN Mike Gafron City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323-0066 Bruce W. Palmer, CCM Senior Vice President Construction Munagcment Services 3500 West 80th Street Minneapolis. Minnesota 55431 612 893-8821 Fax:612 893-8814 e-mail; bpalmer^ upropcnies.cnm RE: 465/485 ORONO ORCHARD ROAD Mike: TJe 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 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 equipmrat 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 l^ge 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 propert\' 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. A 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. The expense to connect to the sewer system would be entirely borne by Mr. Hanun. Yours truly, Bruce W. Palmer J -I •' •• » • -.t- '. J ' r \ • • \ . L. ■ _,vw .5-v * JT - - ; 1 • •• . •: ey*»7.•.; '• . xt• •« . ••• \. •••*•. .* \'iv* \ rV \W ^ . • V- H 'A-* \ VI w % •* •-•• « ■■■ N'} ^ V u‘ ■‘ V. >'d •'►V ■’ vv V' .\• •A >. Tf^- . -. *• A • ■ : • V -W . ' \ / ‘v.w%5 '■'If•^•?;<S>>.'>.‘V-■' .»•, . *» - - • k V ’• • Vi\. • • •. • . » •. .\\v • i:-V. ^ - • •. • I*.?"'' " i• -.O' . ^ • •.**V. % • 'r^.V .V . ' V ••"* V •■ \ ••• .••;**i^'»*,*» ^^* •••'• • • .Tr:.' *V • •• * • % •Vv' •"■ '• ^,-1*- • , •••-.• • • %.. • •'.- • >it ‘ •• •» • .-• \ V-. • .,• 'v.*- • . \' ^ - *: • * • *. ^ *• • v\ • • ‘V • • •• •. V •. •. r ..• • • * 1 ■ * . • • \ i.% s>. <• • • • ->r .• V I I_____ s^->rrAc»»tf6to ^^\aaih rtpl•***«- O* S.(. /A> /iP^2 •V .. I /Aix^ .-Cl ' ' • ^ ,< -n £ s II fvH f* ,H Uj »* 1 I• i -■'-f ‘•ik=*7 f h ft ( (I ffc J /V A iI c' m • ill TT\gr >«9>ov«rw TST ^0 ^0 IM. 1(m / ^ • •J4.0^\LOT 15. BLOCX 1? 2 UI^»CT0^«(A ELUfFS *MI.V S-P TESTING, INC.Steven B. Schirmers • MPCA Cert No. 627 651 Katydid Lane NE • St. Michael. MN 65376 • (612) 467-3566 FAX (612) 467-5011 State License #394 February 4.1999 Edward Hamm 465 & 485 Orono Orchard Rd. So. Orono, Henn. Co.. MN This letter is in reoard with the on*site sewage treatment system design dated December 23.1696. 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 at 12~ below the surface, but the possible compaction may have taken place in the first 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 driveway 6 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. Schirmers 1 Z0 02.S6 ZI9 i Wd sc:se 66-Se-a3J ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 22,1999 (^15) Sewer Extension to St. Edward's Church, Continued) Motion by Kelley, second by Flint, to approve the request from St Edward's Church for connection to the City of Plymouth sanitary sewer system. VOTE: Ayes 5, Nays 0. (#16) REQUEST FOR SEWER EXTENSION TO 465 & 485 ORONO ORCHARD ROAD SOUTH Bruce Palmer, on behalf of Edward Hamm, was present. Gafifron stated the ^plicant is requesting that the nuun house and two guest houses on the Hamm property be allowed to connect to muiucipal sewer, which is located near the intersection of Barrett Avenue and Dickenson Street. Gafifron noted the Hamm property has ah ongoing history of septic problems dating back to the early 1980s due in part to the heavy clay soils on the site and the lack of suitable septic sites because of the hilly topography of the property. GafiBron stated some possible alternate septic sites have been identified but further testing will need to be done to see if they are in compliance with the City's six percent ground slope limit. Gafifron noted the available information does not conclusively demonstrate that alternate ^es are not available and that these options should be pursued further. Gafifron noted that Mr. Hamm is willing to assume all the costs associated with the sanitary sewer connection. P^er stated in his \dcw the one site that was feasible was tested last year but was found thb year to have been contaminated by truck trafiBc removing trees after the May windstorm, which necessitated the need to find an alternate site. Palmer noted this property contains a lot of wetland and slopes, which limits their options, but they are willing to pursue other suitable sites on the property if that is the direction of the City Council. Mayor Jabbour commented that perhaps the City should re^new the sue percent standard for septic systems, GafiBron stated with the sue percent standard, the City has experienced fewer septic problems than other cities with no standard that allow mounds on steeper slopes. Palmer inquired whether this would be considered one sewer hookup or three and whether they can be hooked into one sewer line. Gafifron stated it will probably be considered as three hookups. < / ORONO CriY COUNCIL MEETING MINUIES FOR FEBRUARY 22,1999 (#1Q Sewer Extension to 465 & 485 Orono Orchard Road South, Continued Flint commented that the Applicant could agree to no more than three units on the property. • • • •Mayor Jabbour stated the Applicant needs to demonstrate that there are no other septic sites available on this site, and if hookup to City sewer is necessary, that it not be used to increase the density on this site. Mayor Jabbour directed City Staff and the Applicant to inspect Sites 2 and 3 on this site and to report back with their recommendations after the testiitg is completed. (#17) Dickey Park Plans Gappa stated the Parks Commission is recommending that improvements be made to this park, which include walking trails, picnic tables, tree planting, and a parking lot. Gappa commented the Parks Commission has broken the improvements out over a three year period of time. McDermott stated an archeological study is necessary because of the possibility that the site contains Indian burial grounds. The Parks Commission is hoping to make $30,000.00 in improvements the first year, which includes signs, surv^, tree planting, parking lot, arid clearing of the lot, and to make additional improvements over the following two years. Gappa noted a significant amount of tree planting is necessary for screening. McDermott remarked the neighbors have participated in the planning of this park and have requested the screening. Kell^ noted the City Council has already authorized expenditure up to $48,300.00 out of the Parks Commission fund for acquisition of land next to Saga Ifill. Gappa stated the City has $185,000.00 available in the park fund. McDermott commented the City will be collecting a substantial fee on the Brook Park Realty subdivision, and that the City has spent a similar amount on Antoine Patic and the other parks in the community. Flint stated he would like the Parks Commission to consider planting smaller trees in an effort to reduce the cost of the tree planting and to allocate no additional funds in the second and third year for tree planting. Motion by Flint, second by Satisevere, to approve expenditure of $30,000.00 from the Park Fund for the proposed improvements to Dickey Park with no future monies being allocated in years two and three for tree planting. VOTE: Ayes 5, Nays 0. COUMCIL MEETING MAK 2 2 1999 REQUEST FOR COUNCIL ACTION Cl IY Uh UHUmU DATE: March 17,1999 ITEM NO:/Ip Department Approval: Administrator Reviewed: Agenda Section: Name Tom Kuehn'^'**^ Administrator's Title Finance Director Report Item Description: Insurance Agent of Record Agreement Extension Attachments: Agreement for Insurance Brokerage Services The City has been represented by Carl Bennetsen, of the Youngdahl Companies, as the insurance agent of record under an initial three year contract from 1996 through 1999, at a cost of $7,200 per year. We have been well represented and Mr. Bennetsen has endeavored to contain and reduce our various expos’ires, and premium costs. Mr. Bennetsen has presented a proposal to extend the agreement on a year to year basis with no increase in the annual fee for service. The agreement would renew each January 1, unless canceled in writing by either party. In addition any commissions that become payable to the agent would be credited to the City's account, so that the total fee for service would remain the same. As we are very satisfied with the services w'e are receiving from the Youngdsdil agency, staff recommends extending the agreement as presented. COUNCIL ACTION REQUESTED: Council approval and authorization to extend the Agreement for Insurance Brokerage Services between Youngdahl Companies and the City of Orono, for an annual fee of $7,200, commencing January 1, 1999 through January 1, 2000, and from year to year thereafter until canceled in writing by either party. TOM\MSW\IKSBROKILDOC i . 4 :?iiL aiMENT FOR INSURANCE BROKERAGE SERVICES This Agreement is entered into as of January 1,1999 between Youngdahl Companies (hereinafter referred to as **Broket^) and Ci^ of Orono (hereinafter referred to as “CUenO. SERVICES Broker agreed to provide insurance brokerage services for Ciient Such services may include, but are not limited to, (1) recommendations to Client on the development of insurance programs, (2) procurement of insurance coverage, and (3) monitoring of Client’s insurance programs. Broker agrees to specifically to: Terms of “Insurance Agent/Broker Proposal. APPOINTMENT OF BROKER By this Agreement Client appoints Brdcer as its representative with respect to performance of the above^escribed services and grants Broker the authority to transact insurance on Client’s behalf. PAYMENT In consideration for the services to be provided by Broker, Client agrees to pay Broker the sum of $7,200. (per year), which payment is to be made on the following terms. Client understands and agrees that in perfbrming tl^ Agreement Broker may also become entitled to received commission from insurers.. Commissions will be credited to client’s account TERMS The term of this Agreement shall be for the period commencing January 1, 1999 through January 1,2i (and from year to year thereafter until canceled in writing by either party). rANCELLATlON This Agreement is not subject to flat cancellation and fee is frilly earned. CAVEAT Although Broker agrees to use its best efforts in the performance of this Agreement, Broker does not guaniniee the aviulibility of insurance coverage. Date Youngdahl Companies Date Authorized Signature couwniL mpeting MAK 2 2 1999 REQUEST FOR COUNCIL ACTION UH Y Of UttUNO DATE: March 16,1999 ITEM NO: / / Department Approval: ' Administrator Reviewed: Agenda Section: Name Tom City Administrator's Title Finance Director J77A Report Item Description: 1999 Liability Insurance Policy and Worker Compensation Insurance Policy Premium Tabulation and Award Recommendations Attachments: Liability and Worker Compensation Insurance Premiums Tabulation Worker Compensation Plan Estimated 1999 Premium Quotation A comparative tabulation of the 1998 actual and 1999 renewal insurance premiums, and the 1999 budgeted amounts is presented for your review. At this time we are recommending award of all the policies as presented. The City will again have an umbrella excess liability policy of $2 million in 1999, and as in the past several years will not waive the statutory limits established under Minnesota law. The estimated cost for all policies and the agent of record for 1999 is $131,105 compared to $131,011 for 1998, and $117,945 for 1997. The City will place all coverage with the LMCIT program. The renewal prennum quotation for worker compensation insurance reflects a gross initial premium for 1999 of $43,273, which is reduced by our experience modification of .71 and a premium discount of 5.65%, resulting in a net initial premium of $28,280. This is an increase of $1,839, or 6.95% more than the 1998 initial premium. Although the base rate for most classifications decreased about 3.0% from 1998 to 1999, the total estimated payroll increased $100,000, resuiting in the net premium increase. The payroll increase is primarily due to the addition of a full time CSO, the addition of the police reservist hours in the initial calculation, and scheduled wage adjustments for the city staff as a whole. It is recommended that the 1998 insurance coverage be awarded as presented in the attachment. i [L March 16,1999 1999 Insurance Policy and Worker Compensation Insurance Policy Premium Tabulation and Award Recommendations, page 2 COUNCIL ACTION REQUESTED: Award of the 1999 insurance package effective January 1, 1999 to the League of Minnesota Cities Insurance Trust for the worker compensation coverage, $28,280; for the comprehensive municipal property and casualty package, $73,162; for the umbrella excess liability, $18,273; for the petrofund reimbursement, $595; for the open meeting law, $725; for the boiler and machinery, $1,412; for the surety bonds, $833; and for the golf course liquor liability, $582. TOM\MSW\99INSTAB.DOC H CITY OF ORONO INSURANCE POLICY PREMIUM TABULATION (A) Umbrella $2 million, without waiver of immunity (B) Fee for service contract, agent receives no commission. TO MVINlUmANCNINSAW AR D Policy Awarded To: Actual Premiums 1998 Renewal Premiums 1999 Insurance Premiums Budget 1999 Worker Compensation LMCIT $26,441 $28,280 $36,620 Comprehensive Municipal Property and Casualty: Property Vehicle Uab/Coll/UM/Equip Inland Marine Crime General Liability LMCIT $7,456 10,106 1,663 330 55,204 $8,780 10,261 1,835 404 51,882 Total Comprehensive Municipal Property & Casualty $74,759 $73,162 $71,050 Petrofiind Reimbursement LMCIT 574 595 570 Open Meeting Law LMCIT 771 725 720 Employee Dishonesty Bond LMCIT 796 833 760 Boiler LMCIT 1,277 1,412 1,220 Umbrella Excess Liability LMCIT 18,611 (A) 18,273 17,740 Liquor Liability for Golf Course LMCIT 582 625 560 Agent of Record R.L Youngdahl 7,200 (B) 7,200 7,420 TOTAL $131,011 $131,105 $136,660 League of Minnesota Cities Insurance Trust Group Self>lnsured Workers* Compensation Plan Administrator Berkley Administrators 145 University Avenue West St Paul, MN 55103-2044 Phone (651) 2154169 Self-Insured Workers' Compensation Quotation (RENEWAL of Agresmsnt No. 02-000362-13) ORON'j Oi/01/1999 01/01/2000 ESTIMATED DEPOSIT CODE RATE PAYROLL PREMIUM STREET CONSTRUCTION & MAINTENANCE 5506 A. 00 256000;11440. WATERWORKS 7520 2.81 48000;1349. POLICE 7720 2.74 829400.-22726. CLERICAL 8810 0.43 340000.*1462. MUNICIPAL EMPLOYEES 9A10 0.86 397000.-3414. ELECTED OR APPOINTED OFFICIALS 9A11 0.33 16200.*60. CLUB-COUNTRY/GOLF 9060 1.48 70000.'1036. ANIMAL CONTROL 8831 1.62 30000.*486. POLICE RESERVES m 7722 3.42 38000.*1300. Manual PreniuiT 43273. Exoeriencs Modification 0.71 Standard PremiuiT:30724. Manaaed Care Credit 0'/0. Deductible Credit 0'/.0. Pre!v»iufn Discount S,$SV*. 2444. Discountec Standard Premium 25280. LMC Insurance Trust Discount 0)i 0. Nlet Dseosit Premium 28280. expeni Compeo^on Plan^ you will be eli^^le to participate in distributions fiom the Trust based upon claims experience and earnings of the Trust If you desire the coverage offered libove, please complete the enclosed "Notice of Premium Options" and return it and your check for the deposit premium (made payable to the LMCTT) to us at the above address. LM4410 (11/98) COUNCIL MEETING M&R 2 2 W99 REQUEST FOR COUNCIL ACTION cn Y OriUNQ DATE: March 18, 1999 ITEM NO: / ^ Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:f')Agenda Section: City Administrator's Report Item Description: The City ’s Official Comments to Mn/DOT Regarding the Highway 12 Preliminary Layout % The City ’s official comments regarding the Highway 12 preliminary layout must be provided to Mn/DOT by Tuesday, March 23, 1999. A draft of the City's comments is attached for Council review. These comments have also been forwarded to Orono's Highway 12 Design Review Committee members for their comments. Comments received from Orono's Design Review Committee members prior to the March 22 Council meeting will be provided to the Council at the Council meeting. COUNCIL ACTION REQUESTED: Motion to approve the City ’s official comments regarding the Highway 12 preliminary layout as presented, or with changes as desired. i _i T." i March 18, 1999 Mr. Thomas O'Keefe, P.E. Mn/DOT Metro Division Pre-Design Waters Edge Building 1500 West County Road B-2 Roseville, MN SSI 13 Ms. Patti Loken, P.E. Mn/DOT Metro Division Pre-Design Waters Edge Building 1500 West County Road B-2 Roseville. MN 55113 Dear Mr. OKeefe and Ms. Loken: The preliminary layout for the upgrade of Highway 12 has been submitted by Mn/DOT for review and comment. Although Orono has had a number of meetings and ongoing communication Avith Mn/DOT staff regarding Orono's objectives and key issues regarding the preliminary layout, Orono is submitting the following comments for Mn/DOT's official record. The City’s comments are in three sections: 1. Objectives 2. Comments 3. Principles to Guide the Process of Developing a Final Design. Ut The City has supported moving forward with the preliminary design based on positive working relationships with Mn/DOT staff, and confidence that Mn/DOT staff are committed to working with the City to meet its objectives related to the roadway design. J Tom O'Keefe/Patti Loken March 18, 1999 Page 2 I.ORONO'S KEY OBJECTIVES RELATED TO THE DESIGN OF NEW HIGHWAY 12 ARE AS FOLLOWS: 1. 2. 3. 4. 5. 6. 7. Ensure the final design and operation of the County Road 6/Highway 12 interchange, and of new Highway 12 in the area of this interchange, are adequate to ensure free flow of trafiSc on both County Road 6 and Highway 12 well into the future. The key traffic movements here are westbound new 12 using the loop to westbound County Road 6, and eastbound County Road 6 traffic using the entrance ramp to eastbound new Highway 12. In addition to the importance of this interchange operating effectively itself, the free flow of traffic on new 12 and County Road 6 is extremely important to the effective future operation of the entire east/west transportation system in Orono. Maintain the design of the Wayzata Boulevard/Highway 12 interchange as the one that works best operationally in terms of the safe and efficient movement of traffic. Assure the fi’ee flow of traffic on new Highway 12 between Wayzata Boulevard and County Road 6 by providing no ingress or egress to new Highway 12 anywhere along the corridor except at the County Road 6 and Wayzata Boulevard interchange areas. Facilitate the free flow of traffic on what will be old Highway 12 by eliminating the semaphore at the intersection of Wayzata Boulevard and old Highway 12. Preserve Orono Orchard Road as a local roadway serving local trips. Limit lighting along the corridor to the bridge and interchange areas only, to minimize spillover of light from the corridor to adjacent properties. Mn/DOT is working with the City of Long Lake to determine the magnitude of stormwater flows that can be diverted from the lake to a stormwater pond in the location of the Long Lake sewer pond. Any diversion of stormwater must be limited to an amount that will flQl cause flooding problems downstream along Long Lake Creek, and will dqI result in a reduction in the quality of water running through Long Lake Creek to Lake Minnetonka. 8. Minimize the noise impacts of the new roadway and the relocated railroad. 9. Coordinate the pedestrian/bike trail system being constructed along the Highway 12 corridor in Long Lake with the Orono trail system.1 Tom OTCeefe^atti Loken March 18, 1999 Page 3 n. COMMENTS 1. County Road 6 and Highway 12 interchange. 2. It is important that Mn/DOT work with Hennepin County to re-evaluate the traffic projections used as the basis of the bridge design, and to review Hennepin County's long-term roadway capacity needs, to ensure the bridge is designed to adequately accommodate future traffic and match future County roadway plans; with specific attention to the ability of the bridge to accommodate tw'o additional driving lanes in the future. B The City believes the design of the interchange should include a long acceleration lane for traffic entering east bound new Highway 12 td enable merging to occur similar to a four-lane freeway. The design of the interchange should also include a long deceleration lane from west bound new Highway 12 to west bound County Road 6 to enable the exiting traffic to move out of the flow of the through traffic. The City supports the inclusion of a median barrier between the east bound and west bound lanes of new Highway 12 in the area of the County Road 6 and Highway 12 interchange. The Mn/DOT right-of-way acquisition plan should include the acquisition and retention of sufficient right-of-way for County Road 6 south of the bridge to accommodate a four lane roadway if needed in the future. The City requests Mn/DOT to re-evaluate the need for ramp meters on the entrance ramp to east bound new 12 in light of the design changes indicated in B above. It is the City's understanding that, as part of the new Highway 12 construction process, Mn/DOT will remove and replace the sewer trunk line and metro sewer interceptor line that are currently located in the railroad right-of-way. These lines will be replaced by a line or lines that meet the current and projected sewer capacity needs of both Orono and Long Lake. Tom O'Keefe/Patti Loken March 18, 1999 Page 4 3.The new Highway 12 project will require substantial changes in the way stormwater from the subwatersheds adjacent to the corridors is managed. Mn/DOT has proposed new ponding in Orono to minimize the size of new stormwater facilities required. It is the City's understanding that Mn/DOT will bear the cost of this new ponding. The stormwater management plan for the corridor includes a large stormwater pond on the WSI property. This pond uses virtually all of the available space on the property south of the existing WSI facility. It leaves no space for a planned frontage road that would provide access between the Orono industrial properties and the Long Lake commercial/industrial properties without having to use current Highway 12. It is important that Mn/DOT considei options for reducing the size of the pond on the WSI property such as locating a portion of the pond on the unplatted portion of the cemetery property to the east or using the area south of the golf dome. • Lighting along the corridor needs to be limited to only the bridge and interchange areas. The design for the lighting of the bridge and interchange areas needs to minimize the height of the lighting to minimize the spillover of light from the roadway to adjacent properties. With the exception of the interchange and bridge areas, there should be no lighting along the corridor. Mn/DOT has indicated that lighting will only be added ^ong the corridor if an accident problem develops that is specifically caused by and can be ameliorated by the addition of lighting. In this situation, Mn/DOT will work with the affected cities to develop a lighting plan that addresses the accident problem while minimizing the amount and height of lighting. It is important that Nfri/DOT work with the City of Orono to develop a plan for decorative lighting on the Willow Drive bridge that minimizes the height and amount of lighting. As part of maintaining the current character of Orono Orchard Road, if is important the design of the proposed Park Lane/Orono Orchard Road connection be revised to create a sharper curve with a median between the two driving lanes. The sharper curve will slow the traffic. The median will prevent traffic from cutting across the curve. Slovring traffic to south bound Orono Orchard Road will help to maintain the current character of the road as a local residential roadway. Slowing the traffic to west bound Park Lane will improve safety, as the sight distance from the curve to the first intersection on west bound Park Lane is relatively short. Tom O'Keefe/Patti Loken March 18, 1999 Page 5 5.The vibration and noise study conducted by HDR Engineering for the City of Orono is nearing completion and the City has reviewed a draft report. The study analyzed low frequency noise generated by the railroad and noise generated by the railroad and new Highway 12. The study also analyzed the potential for ground borne vibration. The report will include recommendations for mitigating both noise and vibration. It is important the study results are used by Mn/DOT as it addresses the mitigation of noise and vibration impacts. m. PRINCIPLES TO GUIDE THE PROCESS OF DEVELOPING THE FINAL DESIGN OF THE ROADWAY. 1.On-going communication will be maintained between Mn/DOT and the*City of Orono. 2.Design details developed by Mn/DOT will remain flexible to enable consideration of changes based on input from the City of Orono. 3.To address City concerns regarding specific design issues, Mn/DOT will develop design options or will provide an opportunity for Orono to develop design options. The design options will be reviewed and considered as part of the process of determining the final design. Sincerely, Ronald J. Moorse City Administrator RJM/lsv COl IMHII MI=ETIN6 MAR 2 2 1999 REQUEST FOR COUNCIL ACTION CUY Ol* UnUiMU DATE: March 22, 1999 a ITEM NO• • Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Administrator's Report Item Description: Seasonal Employees for Golf Course I have attached a memo from Ron Steffenhagen, Golf course Superintendent, regarding seasonal en^loyees. We are proposing a pay range of $6.70 to $7.45 per hour for this season. The 1998 pay range was from $6.50 to $7.25 per hour. The attached memo contains a list of employees for this season. The employees are hired under two different provisions of the PERA rules. Three employees will be hired under the 6 month rule which allows unlimited earnings for a 6 month maximum time period. These are the main employees with the majority of the hours during the season. The remainder of the employees work less hours and will be hired under the PERA maximum earnings provision which limits earnings to $425 per month. This allows for flexibility in use of employees to cover the winter season when the course is open for sliding. COUNCIL ACTION REQUESTED: Motion to approve a seasonal employee pay range of $6.70 to $7.45 per hour for the 1999 season. Motion to hire the employees listed at the proposed wage rates and under the applicable provisions of the PERA rules. . j \ TO: FROM: DATE: Greg Gappa, Public Services Director Ron Steffenhagen, Golf Course Superintendent March 16,1999 SUBJECT: Golf Course Superintendent These employees are all returning employees. The proposed hourly wage rates are based on previous work experience and the number of seasons they have worked as seasonal employees. LIST OF PROPOSED SEASONAL GOLF COURSE EMPLOYEES Employee 1999 Hourly Wage Rate Dan Oas $7.45 Bill McIntyre (6 month employee)$7.25 Jack Peterson (6 month employee)$7.25 John Ross $7.25 Jan Blair $7.25 Don Yeager $7.25 Tom Docken (6 month employee)$7.45 Jane Dalaney $7.00 Mike Allen $7.00 Vicki Raiche $6.70 The employees listed as 6 month employees will be hired for a 6 month time period under the PERA rules with no limit on earnings. All of the other employees will be limited to maximum earnings of $425/month under the PERA rules. maj CO(/Mni|. mpetinq MAR 2 2 1999 Cl I V Oh Ortuivu REQUEST FOR COUNCIL ACTION DATE; March 17, 1999 ITEM NO: ^ 0 Department Approval: Name RonMoorse Thie City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Resolution Supporting Repeal of the State Sales Tax for Local Government Purchases 1 ] The League of Minnesota Cities has been working for the past three years to build legislative support for the repeal of the sales tax on local government purchases. This year a record number of bills have been introduced to repeal the tax, and committees in both the House and Senate have held hearings on the topic. Although the LMC has raised awareness and gained support, legislators need to hear from City officials about how important these bills are for each community. Attached is a resolution to encourage legislative support for the repeal of the sales tax on local government purchases. COUMCiL ACTION REQUESTED; Motion to adopt the attached resolution supporting the repeal of the State sales tax for local government purchases. ui" iiTii iiM* m >i RESOLUTION SUPPORTING REPEAL OF THE STATE SALES TAX FOR LOCAL GOVERNMENT PURCHASES WHEREAS, the Legislature imposed the sales tax on local governments in 1992 when facing a significant state budget deficit; and WHEREAS, the state government has collected hundreds of millions of dollars in sales tax since 1992 on local government purchases of items such as road maintenance equipment, wastewater treatment facilities, and building materials; and WEXREAS, the sales tax on local government purchases is passed on to residents in the form of higher property taxes and fees; and WHEREAS, the state's financial picture has improved dramatically and the need for the sales tax no longer exists; and WEKREAS, Minnesota is one of only seven states which impose sales tax on local government purchases; and WHEREAS, imposing the sales tax on local government purchases is an inefficient way to raise state revenues, especially where sales tax is paid for bonding projects with accompanying interest costs; NOW, THEREFORE, BE IT RESOLVED that the Orono City Council encourages its state legislators to support the repeal of the sales tax on local governments. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held March 22, 1999. Gabriel Jabbour, Mayor ATTEST: Carole A. Haseman, Deputy City Clerk 'I i COUNCIL ^^F?f;T^NQ MAR 2 2 1999 REQUEST FOR COUNCIL ACTION Cl I Y OF OHUNO DATE: March 17, 1999 ITEM NO Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Appointment of a Contact Person for the Orono School District’s Healthy Communities/Healthy Youth Initiative Attached is a letter from Teri Cain, a coordinator of the Healthy Communities/Healthy Youth program that is a joint collaborative between the Orono School District and the YMC A. The letter requests the City to appoint a contact person for the Orono School District's Healthy Communities/ Healthy Youth program. COUNCIL ACTION REQUESTED: Motion to appoint a contact person for the Orono School District’s Healthy Communities/Healthy Youth Initiative. 1 -I I 03V12/1999 12:29 479-1333 IHE'UHAPI PA'BE 01 ORONO, HEALTHy YOUTH ORONO YMCA COLLABORATIVE PROGRAMS YMC’A Camp Ibduhapi, Box 37, Loretto MN 55357 - Phone: (612) 479-1146 FAX: (612) 479-1333 Maivh 12. 1999 Dear Mayor and City Council members, I 1 an) writing to remind you that w'hen wc spoke to you a few niontlis ago. wc asked you to consider appointing one contact person for tlie Orono district’s Healthy Corntnunit.es*Healtliy Youth information exchange between your council and tliisl youth and family initiative. Tliree cities have named their representative.s and three have yet to. \vo))ld appreciate having your designate named by May 1. Our iniliaiivc’s executive committee meets montlily,and generates a bi-monthly newsletter that all city councils and other key contacts in the district reteive. However, it would help us mimongglY for you to appoint one individual who would be the touchstone for information exchange. Because our collaborative and its relationship w'ith Hennepin County has formalized, wt want to ensure that we have a clear, two-way path of communication with all our cities As we move torward in obtaining new funding for prevention and inter\ ention serN'icc^, it is vital that each city has input into the work of the collaborali\e. Of course, you are aU welcome to attend any of the board meetings which are typically held the second Thursday of each month irpm 9:30-11:00 a.rn.. usually at Christ Lutheran Church in Maple Plain. t Please forward your designate’s name and phone numbers to either myself or to Melanie DeLuca at 449-8351 . Also, please call us with any questions suggestions you might have. Thank you for your attention to this important coruiection for families in your city. Sincerely, Tcri Cain Youth & Family Development Coordinator I COUNCII- WEET''^® m 2 2 W’’ q\'VY oF uhoinO REQUEST FOR COUNCIL ACTION DATE: March 17, 1999 ITEM NO: ^ P, Department Approval: Name RonMoorse Thie City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Request for a Letter of Support for the WeCAN Request for CDBG Funds Attached is a letter from Kiki Sonnen, WeCAN Executive Director, requesting a letter of support from the City of Orono for WeCAN’s request for Community Development Block Grant &nds. Attached to the letter is information about the services provided by WeCAN. WeCAN is one of several human service organizations serving the City of Orono that are applying for CDBG funds. COUNCIL ACTION REQUESTED: Motion regarding the WeCAN request for a letter of support for their CDBG grant application. RuCciVED FEB 2 6 1999 CITY. OF OROiVO IP'*/inn/versa Westonka CommunitY Action Network Emergency Assistance "Meals on Wheels "Human Services "Job Development & Placement 5600 Lynwood Blvd. Mound, MN 55364 (612) 472-0742 (612) 472-5589 (FAX) SERVICe AREA GrvtnlWd Mound Indeptndtncf Rockford Lorono St Bonifidus Plain Spring Park Minntlonka Boach MaBay Mkmetrista Wntem Orono OfFICERS Cfalg Andmon P$mld§n i St. Bont-kknmtristn Met Cftef Dorothy MeOuoon Vloo AFMfdonf Community Mjntttf Bawdy BImar Hood Start MinsQtf Marvin dohnaon Mafif ot MtpanOtnea BOARD OF DIRECTORS OOoaofO/miHannapinPuOkSattty Mary DMHnnay MMonM RmSaFf Coordkiaror CommunOy MMiff Lan HariaB Mound Met CSfMF Irma KaMaliaiM Cdmmuryiy wMitf RaulaLaraon Btainm (hmor Lanon Printioo Nonmt Sank yico RmiOant Mayara nay hiMWfCommun/ty Mariya Nalaon Bamonai iankm kkounO kU/Ouetti Parish Nona ChartaaFugh Community yOkjntHf Pastor ol fkst Prashytarian ClHMCh Community Mmtaaf KSonkf Chambar-AOm Asst Mark WUilar Cmm fhar Bank \fico Prasidata ADMINIBTRATION KUdBonnan imeuOao Dkactor HmSyArttocaaa Audmy OgiartdAdmmmhfa As^stantIMsonmatasCootrtMor BMrfay Ibibaii Caraar Counsalor/JoO Dt\rtloper February 22, 1999 Mayor and Councilmembers of Orono P.O. Box 66 Crystal Bay. MN 55323 - 0066 Dear Mayor and Councilmembers, We ask the City of Orono to support WeCAN's request for Community Development Block Grant (CDBG) funds. As you know, your city's CDBG allocation is now part of a pool of funds from communities receiving less than $50,000 annually in CDBG funding. Since you city has had a long history of supporting WeCAN operations, we are asking for your support of our application for funding. This year WeCAN is requesting $12,000 from Consolidated CDBG funds. WeCAN is a community-based human service organization, dedicated to helping people achieve greater self-sufficiency and family stability. WeCAN provides a variety of services to low income residents in western Hennepin County. WeCAN served 780 families in 1998, 29 of whom are Orono families. Our services include Emergency Services, Job Counseling, Food and Nutrition Education, Family Support Services, Public Assistance intake services, and Family and Individual Mental Health Counseling. Enclosed is additional information about Orono residents WeCAN served. We are hoping a letter of support, or resolution, from your city can be sent to us before April 1.1999, which would allow us to submit it to Hennepin County by their deadline. If you have any questions or concerns at any time, please feel free to call me at 472-0742. Sin Kiki Sonnen WeCAN Executive Director 1 • ; 4 , kij \ •• • •-* i’*- •i WeCAN SERVICES 1998 DEMOGRAPHIC CHARACTERISTICS I 1998 WeCAN SERVICES to HOUSEHOLDS by CITY PROGRAM Emerg. Serv.Jobs Meals on Wheels Nutrition Family Support Econ.Ass't Counseling Referrals TOTAL 0CITY1 Greenfield 2 1 2 3 8 Independence 2 1 1 3 1 8 Loretio 1 1 2 Maple Plain 13 2 12 1 4 4 2 7 45 Minnetonka Beach 1 1 Minnetrista 7 8 2 2 4 6 3 6 38 Mound 33 30 '64'13 18 22 15 157 352 Orono 4 3 12 2 1 2 1 4 29 Rockford 17 4 4 29 54 St Bonifacius 12 3 4 14 6 2 11 52 Spring Park 6 3 32 1 3 10 4 23 82 Tonka Bay 3 1 1 1 3 9 Homeless 2 1 3 8 Other Cities 2 10 3 1 1 1 76 94 TOTAL 103 60 131 20 62 63 28 323 780 1998 WeCAN SERVICES - HOUSEHOLD CHARACTERISTICS HOUSEHOLD INCOME LEVELS • Per Cents of Totals PROGRAM < 80% of SMSA Low Income - 80% of SMSA Very Low Income - 50% of SMSA Federal Poverty Level Emerg. Serv.0 8%50%42% Jobs 6%12%47%35% Meals on Wheels 1%11%60%28% Nutrition 8%51%33%8% Family Support 0 9%65%26% Econ. Asst 0 2%69%29% Counseling 9%55%'31% '5% TOTAL 3%21%51%25% HOUSEHOLD TYPEIS PROGRAM HH w/ Children Seniors, Adults, Children HH Adults Only HH Seniors & Adults HH Seniors Only HH Emerg. Serv.74 0 27 1 1 Jobs 37 '2 21 0 0 Meals on Wheels 0 0 4 8 119 Nutrition 10 0 0 1 9 Family Support 52 0 0 0 0 Econ. Asst 25 0 23 4 11 Counseling 21 0“ J 7 0 0 TOTAL 219 2 82 14 140 % of TOTAL 48%>1%18%3%31% FEMALE-HEADED HOUSEHOLDS progfUm HH Numbers % Of total HH Emerg. Serv.55 53% 1 Jobs 18 30% Meals on Wheels 57 44% Nutrition 10 50% Family Support 23 44% Econ. Asst 54 86% Counseling 16 57% TOTAL 233 51% i 1998 WeCAN SERVICES - HOUSEHOLD CHARACTERISTICS HOUSEHOLDS BY RACE PROGRAM WHITE BLACK ASIAN AM.INDIAN HISPANIC MULTI-RACIAL Emerg. Serv.88 11 1 1 2 Jobs 50 2 4 1 2 1 Meals on Wheels 130 1 Nutrition 16 1 2 1 Family Support 41 8 1 1 1 Econ. Ass*t.58 2 1 2 Counseling 26 2 TOTAL 409 24 6 3 6 9 PER CENTS 90%5%1%1%1% 1 2% COUNCIL MlsETlNQ MAH 2 2 1999 REQUEST FOR COUNCIL ACTION Cl IV «Jh UrtUlMU DATE; March 17, 1999 ITEM NO: ^ ^ Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Scheduling a Meeting Regarding the Future of Townline Road The City of Maple Plain has been working with Mn/DOT regarding a signalized intersection at Highway 12, County Road 29, and Townline Road. A signalized intersection requires either a major upgrade of the railroad bridge at Townline Road or limiting access from Townline Road to Highway 12. The decision process appears to be moving toward cul-de-sacing the north end of Townline Road. In order for the City to participate effectively in the decision process, it is important .the City is clear about how those who live along Townline Road feel about the future of Townline Road. The Council may want to schedule a meeting with the residents along Townline Road to provide an update regarding options being considered and to obtain input from the residents regarding the future of Townline Road. It may be helpful to have representatives from the Cities of Maple Plain, Medina and Independence in attendance at the meeting. COUNCIL ACTION REQUESTED: Motion to select a date and time for a meeting with the residents along Townline Road. COUNCIL MEETING MAR 2 2 1999 CITY OF OflONO REQUEST FOR COUNCIL ACTION DATE: March 16,1999 ITEM NO: Department Approval: v-Administrator Reviewed: Agenda Section: Name Tom Kuehn Title Finance Director City Administrator's Report Item Description: Receipt of the Certificate of Achievement for Excellence in Financial Reporting-1997 Financial Report Attachments: • Notification letter from the Government Finance Officers Assoc., dated 2/26/99 • Sample news release. • Award of Financial Reporting Achievement. The City of Orono has been awarded the G.F.O.A.'s Certificate of Achievement for Excellence in Financial Reporting for its Comprehensive Annual Financial Report for the fiscal year ended December 31, 1997. This is the eleventh consecutive year that the City received this prestigious award. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. I would like to thank the finance department support staff for their ongoing efforts and assistance in achieving this award, and the audit staff of Malloy, Montague, Kamowski, Radosevich and Co., for their valuable assistance, and the City Council for their leadership in supporting and encouraging the City to seek this award. COUNCIL ACTION REQUESTED: Information item, no action requested. TOMVMSwvcroACirr GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700. Fax: 312/977-4806 RHCE jVED February 26, 1999. MAR 0 1 1999 1Y UI- ORO.VO The Honorable Gabriel Jabbour Mayor City of Orono 2750 Kelley Parkway Crystal Bay, Minnesota 55323 Dear Mayor Jabbour: We are pleased to notify you that your comprehensive annual finan cial report for the fiscal year ended December 31, 1997 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental- accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Thomas M. Kuehn, Finance Director. The Certificate of Achievement plaque will be shipped under sepa rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1997 Certificate Program results are enclosed. We hope that your example will encourage other government offi cials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION Stephen J. 'Gauthier Director/Technical Services Center SJG/kas Enclosures WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 • Fax: 202/429-2755 I • GOVERNMENT FINANCE OFFICERS ASSOCIATION 160 North Michigon Avenue, Suite 800, Chicego, Illinois 60601 312/977-9700 • Fax: 312/977-4806 February 26, 1999 NEWS RELEASE For information contact: Stephen Gauthier (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Finan cial Reporting has been awarded to: City of Orono# MN, by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and finan cial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual designated as primarily responsible for preparing the award-winning CAFR. This has been presented to: Thomas M. Kuehn, Finance Director The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 12,625 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. - 30 - WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 • Fax: 202/429-2755 t I H Zw w >w u < oz O Pi ;< Uz<5 Z pHo 0 Pi1 w \l Vc *r- Q i? -r:\) ^ r. o •S - ma u c o X2 4J 0) O 13 0) •H • Q S rd 4J O CO (D C C •Hs 0) cd EO X 0)oc cdc •H ocouo Eh &4 M-4 O >t JJ •Hu E-5 S-f r C c O ^ cW C M ^ i: -Q e s gQ i:Occsa-Y i! r li^ I 55 “ c F E «= ^i|ii 5^ 11 ^ 3 ^ S “ *2 ;5^ 5* «•§< .E 3 5 2 bfi c=- 5 -S o r* 5» V- c C -s ,v .2 'S3.E§*2'^-5 a o 'S a "i IJ 5 &. fc e VI E c c' — \i ^ o’s “ < S ^ •5^='='” I O’5 VI VI« £ 1 § •S O ^ c "SoVI•c ^ VI eh* 2^0C o *x: o\ o\ H VD CM & nJ •e Cn -i..»o/i»rM«.T«>B«J .i COUNCIL MEETING M&R 2 2 1999 REQUEST FOR COUNCIL ACTION cn Y Oh OHUNO DATE: March 18, 1999 ITEM NO: Department Approval: Name RonMoorsc Title Cit>’ Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Resolution Authoriung the Taking of Land through the Eminent Domain Process for Easement Purposes for Access to the Saga Hill Park Area The City Council at its February 22, 1999 meeting, directed the staff to take all necessary actions to acquire easements needed for the Saga Hill Park area access drive by March 20, 1999, Staff has been working with the property owners but has not completed the easement acquisition process. Although staff is optimistic regarding successfully negotiating the acquisition, because the March 19 date has been reached, staff is requesting authorization to acquire the easement needed from the Fairview Covenant Church through the eminent domain process. A resolution providing this authorization is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt a resolution authorizing the taking of land through the eminent domain process for easement purposes for access to the Saga Hill Park area. L A RESOLUTION AUTHORIZING THE TAKING OF LAND BY EMINENT DOMAIN FOR ROAD, TRAIL, DRAINAGE AND UTILITIES EASEMENT PURPOSES RELATED TO THE SAGA HILL PARK AREA WHEREAS, the City Council has ordered preparation of a resolution authorizing taking of land by eminent domain for road, trail, drainage and utilities easement purposes at the location hereinafter specified, therefore. 1. 2. 3. BE IT RESOLVED, by the City Council of Orono: That it is hereby determined that the taking of the two parcels of land set forth in paragraph 3 hereof is necessary for the public good in order that said parcels shall be devoted to road, trail, drainage and utilities purposes. That the City shall take by right of eminent domain for road, trail, drainage and utilities easement purposes, the land described in paragraph 3 hereof, and the City Attorney be hereby authorized and directed to commence proceedings in the District Court of Hennepin County for appointment of Commissioners to determine the damages, if any , sustained by the respective owner and interests of the parcel affected by such taking, as authorized by law. A permanent easement for road, trail, drainage and utilities purposes for the benefit of the public, over, under, and across the Property in Section 7, Township 117, Range 23 legally described as follows: Beginning at a point distant 2224.4 feet southerly from the north line of the section along a line running from a point in the north line thereof distant 402.5 feet east from the northwest comer thereof to a point in the south line of the northwest quarter distant 396.5 feet east from the southwest comer thereof; thence southerly along said line to the north line of Bcrgquist and Wicklund's Addition to Bergquist and Wicklund's Park, Hennepin County, Minnesota; thence westerly along same and along the north line of Bergquist and Wicklund's Park, Hennepin County, Minnesota, to the west line of the section; thence north along said section to a point in a line running west parallel with north line of section from point of beginning; thence east to beginning, except road, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. The easement area is that portion of the Property lying east and south of the following described Line A; Commencing at the northeasterly comer of the Property; thence south along the east lot line of the property a distance of 122.61 feet to the Page 1 of2 point of beginning of Line A; thence southwesterly along an assumed bearing of S 70“ 31' 45" W a distance of 54.69 feet; thence deflecting to the left along a curve with R=90.00, L=16.06, Tan=8.05, A=10“ 13’ 28" and thus terminating on the southerly lot line of the Property. and A permanent easement for road, trail, drainage and utilities, for the benefit of the public, over, under and across the Property, legally described as Lot 6, Bergquist and Wicklund's Addition to Bergquist and Wicklund's Park, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. The easement area is that portion of the Property lying east and south of the following described Line A; Commencing at the most southeasterly comer of the Property; thence northwester!)' along the southerly lot line of the Property a distance of 15.3 feet to the point of beginning of Line A; thence northeasterly along an assumed bearing of N 20 “ 05' 40" E a distance of 91.71 feet; thence deflecting to the right on a curve with R=90.00, L=47.30; Tan=24.21, A=30“ 06' 47" and thus terminating on the northerly lot line of the Property. Adopted by the Orono City Council on March 22,1999. Gabriel Jabbour, Mayor ATTES f: Carole A. Haseman, Deputy City Clerk Page 2 of2 4 REQUEST FOR COUNCIL ACTION Date: March 22,1999 Item No: Department Approval:Administrator Reviewed:Agenda Section: Name: Title: Gary Cheswick Chief of Police Item Description: HIRING OF FULL-TIME COMMUNITY SERVICE OFFICER Exhibits:None DISCUSSION With Jeffrey Johnson’s acceptance as a part-time police officer, the full-time CSO position he had previously held becomes available. A "help wanted" advertisement was placed in several newspapers and community colleges serving the metropolitan area. Twenty-two applications were received, with seven candidates interviewed for the position. Of these final applicants, Robyn Hoechst was selected. Robyn is currently employed at Abbott Northwestern Hospital as a lead security supervisor, and had been a corrections officer with Lino Lakes Correctional Facility in 1996. After discussing the position with Ms. Hoechst. I feel she has the capability and desire to serve our community. COUNCIL ACTION REQUESTED Request Council approve hiring Robyn Hoechst as a full-time Community Service Officer at the pay rate of $10.69 per hour with full benefits. "7S vj REQUEST FOR COUNCIL ACTION DATE: ITEM NO: Department Approval^ Administrator Reviewed: Name Tom Kuehn Title Finance Director Agenda Section: City Administrator’s Report I Item Description: Part-Time Police Officer Jeffrey D. Johnson - PERA Resolution Attachment: Resolution declaring that the part-time position held by Jeffrey D. Johnson is that of a police officer. On March 22, 1999, Council authorized the police chief to change the position of Jeffrey D. Johnson from a full-time CSO to a part-time police officer, starting at an hourly rate of $12.62. The change was to be effective when the new full-time CSO was trained, which has been accomplished. The starting date for Jeff as a part-time officer is April 19,1999. As the City intends that its part-time officers be included in the police and fire fund of PERA we are required to adopt a resolution to that effect. I have included a copy of the standard resolution for your review. COUNCIL ACTION REQUESTED: Motion to appoint Jeffrey D. Johnson to the position of part-time police officer, effective April 19, 1999, at a starting rate of $12.62 per hour; and to adopt the attached resolution establishing his eligibility for coverage in the PERA Police and Fire Fund. Y A RESOLUTION TO DECLARE THAT THE PART-TIME POSITION HELD BY JEFFREY D. JOHNSON IS THAT OF A POLICE OFFICER WHEREAS, that Public Employees Retirement Association Police and Fire Fund excludes part-time police officers unless a resolution is adopted by the governing body to establish eligibility for coverage in the Police and Fire Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Hennepin County, Minnesota that effective April 19,1999, the position Jeffrey D. Johnson holds is that of a police officer as defined in Minnesota Statutes, Section 353.64, Subdivision 2, pursuant to which said employee shall become a member of the Public Employees Retirement Association Police and Fire Fund. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held May 10, 1999. ATTEST:Gabriel Jabbour, Mayor Linda S. Vee, City Clerk COUNCIL MELTING REQUEST FOR COUNCIL ACTION m 2 2 1999 UI Y Oh OHONO DATE: March 17, 1999 ITEM NO: ^ (p Department Approval: Name Carole Haseman > h Title Deputy City Clerk ^ Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval SPECIAL EVENT PERMIT Norwest Bank Minnesota, N.A. Half Marathon Location; Start at Norwest Bank Wayzata, Lake Street to Femdale Road to County Road 15 to Orono Orchard Road to Fox Street to Old Crystal Bay Road to County Road 51 to County Road 19 to Northview Road to Lake Road to County Road 15 to Old Beach Road to County Road 19 to Beehrle Avenue to the South LRT Trail to Water Street. Finish at Norwest Bank Excelsior. May 2,1999 8:00 a.m. - 11:00 a m. 2.American Diabetes Association Bike Tour on Luce Line June 6, 1999 9:00 a.m. to 2:00 p.m. COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. RECEIVED PARADES & SPECIAL EVENTS PERMIT APPUCATIOJjI^|^ ^ ' wi* v/nOi'JO Permit #:I Fee: $50.00 Date Received: Phone Number: U' ^^3' ^ ^33 Name: \[Y\\\\<^(r / A^ie-r! c<S-tA. UiOL o<Sc^ Address: 1(S '^OC'i (j(L Co ue ^ S>uUt7. 3> O 7 City,State,Zip: ifW pi S____Ylf\ f\ *5 *5^(2 (p Location of Parade or Event: a yv ^rQ Co fU/c&^ ^ n^iL ^ue<xf LodJ i^Lhu ■ Date of Event: U 'U *7__________ Hours of Event: _______________ Type of Event:V'V" Insurance Company:Amount: (Copy of insurance certificate must be submitted with this application) I am aware of all applicable State and other laws regarding parades and special events and will abide by same. I also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the parade of special event approved by the granting of this permit. c:ismi I understand some events may require off-duty or reserve officers and a fee may be required for these services. 3-1-^*=^^ • 1 1 Signature Date Approved: Remarks: □Denied: □ Bv: •• i 1 1 i 010396.3 L Date:March 17 1999 To:Ron Moorse, City Administrator From: Gary Cheswick, Chief of Police Subject: Special Event Permit I have reviewed the application submitted by the American Diabetes Association for a bicycle tour special event permit. For this to be allowed, participants must follow traffic regulations when crossing public roadways, with event personnel available to handle any possible medical and/or mechanical situations. Additionally, they will need to notify the Department of Natural Resources of the event. J RECEIVED PARADES & SPECIAL EVENTS PERMIT APPLICATION*'*'’ ® ^ CITY OF ORONO, MINNESOTA city or ORO no Permit #: Fee: $50.00 Date Received: Phone Number:316-0831 Name:Norwest Bank Minnesota, M.A. Address:900 E. Wayzata Boulevard City, State, Zip: Wayzata, MN 55391 Location of Parade or Event:Please see the attached race route Date of Event:May 2, 1999 Hours of Event: 8:00 A.M. - 11:00 A.M. Type of Event:19th Annual Norwest Half Marathon Insurance Company: Continental Amount: $5,000,000 (Copy of insurance certificate must be submitted with this application) i am aware of ail applicable State and other laws regarding parades and special events and will abide by same. I also agree to hold the City of Orono harmless from all liabilities that may arise directly or Indirectly from the parade of special event approved by the granting of this permit. I understand some events may require off-duty or reserve officers and a fee may be required for these services.mav D6 requirea lor inese March 2, 1999 Signature pa^i w. Maahs Date Approved: D Denied: D By: Remarks: 010396.3 4 Date:March 17,1999 To: From: Ron Moorse, City Administrator Gary Cheswick, Chief of Police Subject: Special Event Permit 18 Mar 1999 Thu 2:57 PM COUNCIL MEETING MAR 2 2 1999 Cl 1 y ui- unuiMU Check Register City of Orono Check Number Date Name Check Number 58456 58456 A-1 RENTAL 18-Mar-99 A-1 RENTAL Totals Check Number 58456 A-1 RENTAL Check Number 58457 ANCHOR PAPER 58457 18-Mar-99 ANCHOR PAPER Totals Check Number 58457 ANCHOR PAPER Check Number 58458 APACHE PAPER CO 58458 18-Mar-99 APACHE PAPER CO Totals Check Number 58458 APACHE PAPER CO Check Number 58459 AT & T - 58459 18-Mar-99 AT A T - Totals Check Number 58459 AT A T - Check Number 58460 BCA/TRAINING A DEVELOPMENT 58460 58460 18-Mar-99 18-Mar-99 BCA/TRAINING A DEVELOPMENT BCA/TRAINING A DEVELOPMENT Totals Check Number 58460 BCA/TRAINING A DEVELOPMENT Check Number 58461 BERGERSON-CASWELL INC. 58461 18-Mar-99 BERGERSON-CASWELL INC. Totals Check Number 58461 BERGERSON-CASWELL INC. Check Number 58463 58463 BUDGET PRINTING 18-Mar-99 BUDGET PRINTING Transaction Amount 36.01 36.01 611.52 611.52 880.49 880.49 54.06 54.06 80.00 30.00 110.00 384.00 384.00 Page 1 Comments HAMMER DRILL RENTAL PAPER C-FOLD TOWELS, T TISSUE LD PHONE CHARGES ETH DEC MKING-ANDERSON MN GANGS 2 - FARNIOK FLOW METER INSTALLATION Check Number 58462 BONESTROO ROSENE & ASSOC. 58462 18-Mar-99 BONESTROO ROSENE A ASSOC.2,734.00 ELECTRONIC MAPPING «1 58462 18-Mar-99 BONESTROO ROSENE A ASSOC.64.50 HEAD SWR PROJ JAN 99 58462 18-Mar-99 BONESTROO ROSENE A ASSOC.669.25 CR15 TRAFFIC STUDY K2 58462 18-Mar-99 BONESTROO ROSENE A ASSOC.3,299.01 LS »13 REHAB JAN 99 58462 18-Mar-99 BONESTROO ROSENE A ASSOC.3,564.56 NAV HTR PLANT REHAB JAN99 58462 18-Mar-99 BONESTROO ROSENE A ASSOC.318.06 OCB RD TRAIL CLOSE OUT 58462 18-Mar-99 BONESTROO ROSENE A ASSOC.298.75 STUBBS BAY SEWER PLANS 58462 18-Mar-99 BONESTROO ROSENE A ASSOC.645.00 FOX RIDGE SAN SWR PROJ 58462 18-Mar-99 BONESTROO ROSENE A ASSOC.1,000.99 JAN COUNCIL MTGS Totals Check Number 58462 BONESTROO ROSENE A ASSOC.12,594.12 4 4 554.53 ZONING ORD BOOKS ► 18 Har 1999 Thu 2:57 PM Check Register City of Orono Check Nuiaber Date Name Check Number 58463 BUDGET PRINTING Totals Check Number 58463 BUDGET PRINTING Check Number 58464 CITY OF MOUND 58464 18’Mar-99 CITY OF MOUND Totals Check Number 58464 CITY OF MOUND Check Number 58465 CITY OF WAYZATA 58465 18-Mar-99 CITY OF WAYZATA Totals Check Number 58465 CITY OF WAYZATA Check Number 50466 CONSTRUCTION MARKET DATA GRP 58466 58466 18-Mar-99 18-Mar-99 CONSTRUCTION MARKET DATA GRP CONSTRUCTION MARKET DATA GRP Totals Check Number 58466 CONSTRUCTION MARKET DATA GRP Check Number 58467 DAIN RAUSCHER 58467 10-Mar-99 DAIN RAUSCHER Totals Check Number 58467 DAIN RAUSCHER Check Number 58468 DISCOUNT STEEL INC. 58468 18-Mar-99 DISCOUNT STEEL INC. Totals Check Number 58468 DISCOUNT STEEL INC. Check Number 58469 DUOOS, TIMOTHY 58469 18-Mar-99 DUOOS, TIMOTHY Totals Check Number 58469 DUOOS* TIMOTHY Check Number 58470 DYNAMED 58470 18-Mar-99 DYNAMED Totals Check Number 50470 DYNAMED Check Number 50471 EARL F. ANDERSON k ASSOC. 58471 10-Mar-99 EARL F. ANDERSON k ASSOC Totals Check Number 58471 EARL F. ANDERSON k ASSOC Check Number 58472 EXPRESS MESSENGER 58472 18-Mar-99 EXPRESS MESSENGER r.‘ Transaction Amount 554.53 24,873.00 24,873.00 450.00 450.00 179.80 356.70 536.50 82.19 82.19 24.72 24.72 150.00 150.00 140.40 140.40 182.72 102.72 59.70 Page 2 Comments 2ND QTR 99 FIRE CONTRACT LS13 PUMPING ADV FOR BIDS-EDG HILL SWR ADV FOR BIDS-HEAD SWR REFUND INT OVERPAID MARIO BACKHOE SUPPLIES DUP PAYMENT - INV 1461 LATEX GLOVES SIGNS - MANHOLE DEL TO DAHLGREN ■ ^ 18 Mar 1999 Thu 2*57 PM Check Register City of Orono Page 3 Check Number Date Name Check Number 58472 EXPRESS MESSENGER Totals Check Number 58472 EXPRESS MESSENGER Check Number 58473 FARNIOK, CORREY 58473 18-Mar-99 Totals Check Number FARNIOK, CORREY 58473 FARNIOR, CORREY Check Number 58475 GALL'S INC. 58475 58475 18-Mar-99 18-Mar-99 GALL'S INC GALL'S INC Totals Check Number 58475 GALL'S INC Check Number 58476 GARY'S DIESEL SERVICE INC 58476 18-Mar-99 GARY'S DIESEL SERVICE INC Totals Check Number Check Number 58476 GARY'S DIESEL SERVICE INC 58478 GENUINE PARTS CO. Transaction Amount Comments 59.70 6.00 PARKING REIMBOKSMENT 6.00 Check Number 58474 G &K SERVICES 58474 18-Mar-99 G 6 K SERVICES 8.52 UNIFORM - STEFFENHAGEN 58474 18-Mar-99 G &K SERVICES 78.64 UNIFORMS 58474 18-Mar-99 G &K SERVICES 15.73 UNIFORM - RATHBUN 58474 18-Mar-99 G a K SERVICES 8.52 UNIFORM - STEFFENHAGEN 58474 18-Mar-99 G &K SERVICES 107.84 UNIFORMS 58474 18-Mar-99 G a K SERVICES 8.52 UNIFORM - STEFFENHAGEN 58474 18-Mar-99 G a K SERVICES 42.01 MAT SERVICE -‘COUNCIL CHB 58474 18-Mar-99 G a K SERVICES 42.01 MAT SERVICE 58474 18-Mar-99 G a K SERVICES 78.64 UNIFORMS 58474 18-Mar-99 G a K SERVICES 15.73 UNIFORM - RATHBUN 58474 18-Mar-99 G a K SERVICES 55.11 MAT SERVICE - PD Totals Check Number 58474 G a K SERVICES 461.27 156.93 1,809.96 DRESS SLACKS, SHIRTS LIGHT BARS 1,966.89 7.29 7.29 SUPPLIES 58478 18-Mar-99 GENUINE PARTS CO.1.54 CABLE TIES 58478 18-Mar-99 GENUINE PARTS CO.9.44 HALKOGEK LMP 58478 18-Mar-99 GENUINE PARTS CO.18.87 HALOGEN LMP 58478 18-Mar-99 GENUINE PARTS CO.10.68 PARTS 8427 584*^8 18-Mar-99 GENUINE PARTS CO.23.41 BATTERY 58478 18-Mar-99 GENUINE PARTS CO.29.14 OIL, WASHER FLUID 584-8 18-Mar-99 GENUINE PARTS CO.9.56 SHOP SUPPLIES 58478 18-Mar-99 GENUINE PARTS CO.29.91 MIRROR 58478 18-Mar-99 GENUINE PARTS CO.26.19 MIRROR 8712 58478 18-Mar-99 GENUINE PARTS CO.73.70 OIL FILTERS 8426 58478 18-Mar-99 GENUINE PARTS CO.5.30 U-BOLT 18 Mar 1999 Thu 2:57 PM Check Number Check Number 58478 58478 Date Name Check Register City of Orono 58478 GENUINE PARTS CO. 18-Mar-99 GENUINE PARTS CO. 18-Mar-99 GENUINE PARTS CO. Transaction Amount 15.46 118.27 Totals Check Number 58478 GENUINE PARTS CO 371.47 Page 4 Comments EXHAUST TUBE - WELDING RM EXHAUST TRK 8708 Check Number 58479 GERRING'S CAR WASH 58479 18-Mar-99 Totals Check Number GERRING'S CAR WASH 58479 GERRING'S CAR WASH Check Number 58480 58480 58400 GOPHER STATE ONE-CALL INC. 18-Mar-99 18-Mar-99 Totals Check Number GOPHER STATE ONE-CALL INC. GOPHER STATE ONE-CALL INC. 58480 GOPHER STATE ONE-CALL INC. 14.00 14.00 7.88 7.87 15.75 CAR WASHES LOCATES 2/99 LOCATES 2/99 Check Number 58481 GREGORY* JAMES 58481 18-Mar-99 Totals Check Number GREGORY* JAMES 58481 GREGORY* JAMES Check Number 58482 58482 HANSEN* STEVEN C. 18-Mar-99 Totals Check Number HANSEN* STEVEN C 58482 HANSEN, STEVEN C. Check Number 58483 58483 HENNEPIN CO-OP SEED EXCHANGE 18-Mar-99 Totals Check Nuii0>er HENNEPIN CO-OP SEED EXCHANGE 58483 HENNEPIN CO-OP SEED EXCHANGE Check Number 58484 58484 HENNEPIN COUNTY SHERIFF 18-Mar-99 Totals Check Number HENNEPIN COUNTY SHERIFF 58484 HENNEPIN COUNTY SHERIFF Check Number 58485 58485 HENNEPIN COUNTY TREAS. 18-Mar-99 Totals Check Number HENNEPIN COUNTY TREAS. 58485 HENNEPIN COUNTY TREAS. Check Number 58486 58486 HENNEPIN COUNTY 18-Mar-99 Totals Check Number HENNEPIN COUNTY 50406 HENNEPIN COUNT/ 91.08 91.08 116.95 116.95 57.19 57.19 115.91 115.91 47.29 47.29 50.00 50.00 MILEAGE - WATER SCHOOL STEEL TOE BOOTS SIDEWALK SALT BOOKING FEES 1/99 99 BEG YEAR HARD COPY PERMIT - HEAD SEWER i. - 18 Mar 1999 Thu 2:57 PM Check Register City of Orono Check Number Date Name Check Number 58487 £3487 INl'OXIMETERS 18-Mar-99 INTOXIMETERS Totals Check Number 58487 INTOXIMETERS 58489 18-Mar-99 LOCKGUARD INC Totals Check Number 58489 LOCKGUARD INC Check Number 58490 LOGIS 58490 18-Mar-99 LOGIS Totals Check Number 58490 LOGIS Check Number 58491 LONG LAKE BIG A AUTO PARTS 58491 58491 58491 18-Mar-99 18-Mar-99 18-Mar-S9 LONG LAKE BIG A AUTO PARTS LONG LAKE BIG A AUTO PARTS LONG LAKE BIG A AUTO PARTS Totals Check Number 58491 LONG LAKE BIG A AUTO PARTS Check Number 58492 LONG LAKE FAMILY PHYSICIANS 58492 18-Mar-99 LONG LAKE FAMILY PHYSICIANS Totals Check Number 58492 LONG LAKE FAMILY PHYSICIANS Check Number 58493 LONG LAKE POWER EQUIPMENT 58493 58493 19-Mar-99 18-Mar-99 LONG LAKE POWER EQUIPMENT LONG LAKE POWER EQUIPMENT Totals Check Number 58493 LONG LAKE POWER EQUIPMENT Check Number 58494 LONG LAKE TRACTOR EQUIPMENT Transaction Amount €60.30 660.30 Check Number 58488 LEAGUE OF MN CITIES INS. TRUST 58488 18-Mar-99 LEAGUE OF MN CITIES INS.TRUST 18,851.75 58488 18-Mar-99 LEAGUE OF MN CITIES INS.TRUST 725.00 58488 18-Mar-99 LEAGUE OF MN CITIES INS.TRUST 285.00 58488 18-Mar-99 LEAGUE OF MN CITIES INS.TRUST 310.00 58488 18-Mar-99 LEAGUE OF MN CITIES INS.TRUST 2,300.00 58488 18-Mar-99 LEAGUE OF MN CITIES INS.TRUST 1,500.00 58488 18-Mar-99 LEAGUE OF MN CITIES INS.TRUST 973.00 58468 18-Mar-99 LEAGUE OF MN CITIES INS.TRUST 13,500.00 58488 18-Mar-99 LEAGUE OF MN CITIES INS.TRUST 625.00 58488 18-Mar-99 LEAGUE OF MN CITIES INS.TRUST 18,851.75 Totals Check Number 58488 LEAGUE OF MN CITIES INS.TRUST 57,921.50 Check Number 58489 LOCKGUARD INC 106.50 106.50 958.34 958.34 5.53 -35.00 83.17 53.70 39.00 39.00 7.90 382.34 390.24 Page 5 Comments ALCO SENSOR III COMP MUNIC COVERAGE PAY82 OPEN MEETING LAW INS PETRO FUND INS PETRO FUND INS EXCESS LIAB INS EXCESS LIAB INS EXCESS LIAB INS EXCESS LIAB INS LIQUOR LIAB INS COMP MUNIC COVERAGE PAYil REKEY LOCKS PIMS APPLIC JAN 99 TAPE CORE CHRG - MASTER CYL MASTER CYLINDER HEP B VACINATION SAFETY SHIELD SAFETY CHAIN, BAR j le Mar 1999 Thu 2:57 PM Check Register City of Orono Check Number Date Name check Number 58494 58494 LONG LAKE TRACTOR EQUIPMENT 18-Mar-99 LONG LAKE TRACTOR EQUIPMENT Totals Check Number 58494 LONG LAKE TRACTOR EQUIPMENT Check Number 58495 MAP UTILITIES INC. 58495 18-Mar-99 MAP UTILITIES INC Totals Check Number 58495 MAP UTILITIES INC Check Number 58496 MEDTOX LABORATORIES 58496 18-Mar-99 MEDTOX LABORATORIES Totals Check Number 58496 MEDTOX LABORATORIES Check Number 58497 MET COUNCIL ENVIRONMENTAL SVCS 58497 58497 18-Mar-99 18-Mar-99 MET COUNCIL ENVIRONMENTAL SVCS MET COUNCIL ENVIRONMENTAL SVCS Totals Check Number 58497 MET COUNCIL ENVIRONMENTAL SVCS Check Number 58498 MINNEAPOLIS OXYGEN COMPANY 58498 18-Mar-99 MINNEAPOLIS OXYGEN COMPANY Totals Check Number 58498 MINNEAPOLIS OXYGEN COMPANY Check Number 58499 MINNESOTA CONWAY 58499 18-Mar-99 MINNESOTA CONWAY Totals Check Number 58499 MINNESOTA CONWAY Check Number 58500 MN DEPT OF REVENUE 58500 l8-Mar-99 MN DEPT OF REVENUE Totals Check Number 58500 MN DEPT OF REVENUE Check Number 58501 MN POLLUTION CONTROL AGENCY 58501 18-Mar-99 MN POLLUTION CONTROL AGENCY Totals Check Number 58501 MN POLLUTION CONTROL AGENCY Check Number 58502 MOBILE RADIO ENGINEERING INC. 58502 18-Mar-99 MOBILE RADIO ENGINEERING INC Totals Check Number 58502 MOBILE RADIO ENGINEERING INC Transaction Amount 90.00 90.00 47.50 47.50 53.00 53.00 18,828.23 3,500.00 22,328.23 27.00 27.00 222.74 222.74 9.00 9.00 240.00 240.00 52.03 52.03 Page 6 Comments DOT INSPECTIONS LOCATE UNDERGROUND SRVC DRUG TESTING SWR SERVICE 4/99 LS RELOCATION ACETYLENE, OXYGEN ANN FIRE EXT INSPECTION SALES TAX 2/99 PERMIT - ORONO ORCH SWR RADIO REPAIR - LOADER 1 4I 18 Mar 1999 Thu 2:57 PM Check Register City of Orono Check Number Date Name Check Number 58503 58503 58503 58503 58503 NSP 18-Mar-99 18-Mar-99 18-Mar-99 18-Mar-99 NSP NSP NSP NSP Totals Check Number 56503 NSP Check Number 58504 O'SULLIVANS AUTO REPAIR 56504 18-Mar-99 O'SULLIVANS AUTO REPAIR Totals Check Number 58504 O'SULLIVANS AUTO REPAIR Check Number 58505 OBRIEN, RANDY 58505 18-Mar-99 OBRIEN, RANDY Totals Check Number 58505 OBRIEN, RANDY Check Hunger 58506 OLYMPIC 58506 18-Mar-99 OLYMPIC Totals Check Number 58506 OLYMPIC Check Number 58507 PERRY'S SANDBLASTING 56507 56507 58507 18-Mar-99 18-Mar-99 18-Mar-99 PERRY'S SANDBLASTING PERRY'S SANDBLASTING PERRY'S SANDBLASTING Totals Check Number 58507 PERRY'S SANDBLASTING Check Number 56508 PRAIRIE OFFSET 58508 58508 ie-Mar-99 18-Mar-99 PRAIRIE OFFSET PRAIRIE OFFSET Totals Check Number 58508 PRAIRIE OFFSET Check Number 58509 RITZ CAMERA 58509 18-Mar-99 RITZ CAMERA Totals Check Number 58509 RITZ CAMERA Check Number 58510 SHANK CONSTRUCTORS 58510 18-Mar-99 SHANK CONSTRUCTORS Totals Check Number 58510 SHANK CONSTRUCTORS Check Number 58511 SNYDER DRUG STORES Transaction Amount 1,200.55 325.58 155.70 1,047.68 2.729.51 149.50 149.50 128.70 128.70 2,382.10 2,362 /3 65.00 65.00 50.00 180.00 181.74 234.79 416.53 20.96 20.96 59,759.00 59,759.00 Page 7 Comments STRT LIGHTING 3/99 ELECTRICAL SERVICE ELECTRICAL SERVICE ELECTRICAL SERVICE 50 CAR WASH TICKETS MILEAGE - WTR SCHOOL 500 PRINTS - GC PAIKTINQ DOT INSPECTIONS DOT INSPECTIONS DOT INSPECTIONS RESOLUTION FORMS LETTERHEAD PHOTO PROCESSING RFP 85 - NVR WTR PLNT i 18 Mar 1999 Thu 2:57 PM Check Register City of Orono Check Number Date Name Check Number 58511 58511 58511 58511 58511 SNYDER DRUG STORES 18-Mar-99 SNYDER DRUG STORES 18-Mar-99 SNYDER DRUG STORES 18-Mar-99 SNYDER DRUG STORES 18-Mar-99 SNYDER DRUG STORES Totals Check Number 58511 SNYDER DRUG STORES Check Number 58512 STA-SAFE LOCKSMITH 58512 18-Mar-99 STA-SAFE LOCKSMITH Totals Check Number 58512 STA-SAFE LOCKSMITH Check Number 58513 58513 SUBURBAN RATE AUTHORITY lb-Mar-99 SUBURBAN RATE AUTHORITY Totals Check Number 58513 SUBURBAN RATE AUTHORITY Check Number 58514 SUN SOURCE 58514 58514 18-Mar-99 18-Mar-99 SUN SOURCE SUN SOURCE Totals Check Number 58514 SUN SOURCE Check Number 58515 SURVIVALINK 58515 18-Mar-99 SURVIVALINK Totals Check Number 58515 SURVIVALINK Check Number 58516 THE SIGN AGE 58516 18-Mar-99 THE SIGN AGE Totals Check Number 58516 THE SIGN AGE Check Number 58517 TOLL GAS & WELDING SUPPLY 58517 18-Mar-99 TOLL GAS k WELDING SUPPLY Totals Check Number 58517 TOLL GAS & WELDING SUPPLY Check Number 58518 TWIN CITY GARAGE DOOR CO. 58518 18-Mar-99 TWIN CITY GARAGE DOOR CO. Totals Check Number 50518 TWIN CITY GARAGE DOOR CO. Check Number 50519 UNIFORMS UNLIMITED 58519 18-Mar-99 UNIFORMS UNLIMITED Transaction Amount 2.82 14.68 5.17 12.92 35.59 144.99 144.99 400.00 400.00 61.81 92.01 30.20 68.90 68.90 40.47 40.47 5.32 5.32 70.00 70.00 134.95 Page 8 Comments SYMPATHY CARD OFFICE SUPPLIES OFFICE SUPPLIES PHOTO DEVELOP REPAIR ELECT LOCK 1ST HALF 99 MEMBERSHIP CREDIT FOR RETURN SHAFT & SEAL KIT ELECTROIDS - DEFIB DECAL - NEW PHONE It CYLINDER CHG OVERHEAD DOOR CABLES BOOTS - ERICKSON i !■ 18 Mar 1999 Thu 2:57 PM Check Register City o£ Orono Check Number Date Name Check Number 58519 UNIFORMS UNLIMITED Totals Check Number 58519 UNIFORMS UNLIMITED Check Number 58520 US WEST COMMUNICATIONS 58520 58520 58520 58520 22-Jan-98 22-Jan-98 19-Feb-98 22-Jan-98 US WEST COMMUNICATIONS US WEST COMMUNICATIONS US WEST COMMUNICATIONS US WEST COMMUNICATIONS Totals Check Number 58520 US WEST COMMUNICATIONS Check Number 58521 VAN ZOMEREN, ELIZABETH 58521 ie-Mar-99 VAN ZOMEREN, ELIZABETH Totals Check Number 58521 VAN ZOMEREN, ELIZABETH Check Number 58522 VIKING INDUSTRIAL CENTER 58522 58522 18-Mar-99 18-Mar-99 VIKING INDUSTRIAL CENTER VIKING INDUSTRIAL CENTER Totals Check Number 58522 VIKING INDUSTRIAL CENTER Check Number 58523 VILLAGE CHEVROLET 58523 58523 18-Mar-99 18-Mar-99 VILLAGE CHEVROLET VILLAGE CHEVROLET Totals Check Number 58523 VILLAGE CHEVROLET Check Number 58524 WARNING LITES OF MN 58524 18-Mar-99 WARNING LITES OF MN Totals Check Number 58524 WARNING LITES OF MN Check Number 58525 WAYZATA BAY CAR WASH 58525 18-Mar-99 WAYZATA BAY CAR WASH Totals Check Number 58525 WAYZATA BAY CAR WASH Check Number 58526 WESTSIDE WHOLESALE TIRE 58526 18-Mar-99 WESTSIDE WHOLESALE TIRE Totals Check Number 58526 WESTSIDE WHOLESALE TIRE Check Number 58527 WOLF, LANETTE 58527 18-Mar-99 WOLF, LANETTE Totals Check Number 58527 WOLF, LANETTE Transaction Amount 134.95 45.94 77.12 49.66 40.67 213.39 50.82 50.82 183.76 56.76 240.52 11.36 17.03 28.39 149.99 149.99 426.00 426.00 962.42 962.42 175.00 175.00 Page 9 Comments DECEMBER DECEMBER CIVIL DEFENSE DECEMBER MILEAGE REIMBURSEMENT COMPRESSED GAS ELECTRICAL SUPPLIES SEAL 8427 SEAL KIT 8427 TRAFFIC CONES-SWR CLNING 100 CAR WASH TICKETS TIRE FOR BACKHOE PLANNING COM - 2/16/99 i • ! i 18 Mar 1999 Check Register Thu 2i57 PM City of Orono Check Transaction Number Date Name Amount Comments Check Number 58527 WOLF,LANETTE Check Number 58528 YOCUM OIL CO INC. 58528 18-Mar-99 YOCUM OIL CO INC.116.26 HEATING OIL - SHOP 58528 18-Mar-99 YOCUM OIL CO INC.137.43 HEATING OIL - CLUB Page 10 Totals Check Number 58528 YOCUM OIL CO INC. Check Number 58529 ZARNOTH BRUSH WORKS 58529 18-Mar-99 ZARNOTH BRUSH WORKS Totals Check Number 58529 ZARNOTH BRUSH WORKS Grand Total \ ‘ r 253.69 553.80 553.80 TUBE BROOM REFILLS 197,994.77 1 9 Mar 1999 Tue 2:46 PM Check Register City of Orono Check Number Employee Name Check Number 045705 045705 JOHNSON, MARY ANN Totals Check Number 045705 Check Number 045706 045706 GEMAR, JAMIE L. Totals Check Nun^er 045706 Check Number 045707 045707 HASEMAN, CAROLE A. Totals Check Number 045707 Check Number 045700 045738 MOORSB, RONALD J. Totals Check Number 045708 Check Number 045709 045709 VEE, LINDA S. Totals Check Number 045709 Check Number 045710 045710 KTJEHN, THOMAS M. Totals deck Number 045710 Check Number 045711 045711 OLSON, RONAI.D J. Totals Check Number 045711 Check Number 045712 045712 PETTIT, SANDRA K. Totals Check Number 045712 Check Numb* r 045713 045713 ANDERSON, BRUCE L. Totals Check Number 045713 Check Date lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 10-Mar-99 lO-Mar-99 Page 1 Check Amount 508.85 508.85 263.62 263.62 692.47 692.47 1.578.05 1.570.05 1,092.29 1,092.29 1,005.84 1,005.84 25.59 25.59 772.71 772.71 296.32 296.32 i iI i 4 4 .. .i 9 Har 1999 Tue 2:46 PM Check Register City of Orono Check Number Employee Name Check Number 045714 045714 BOBZIEN, SUE A. Totals Check Number 045714 Check Number 045715 045715 BORIS, SCOTT W. Totals Check Number 045715 Check Number 045716 045716 CARLSON, MICHAEL B. Totals Check Number 045716 Check Number 045717 045717 CHESWICK, GARY B. Totals Check Number 045717 Check Number 045718 045718 CORNICK, JANES L. Totals Check Number 045718 Check Number 045719 045719 DBMBOUSKI, JAY C. Totals Check Number 045719 Check Number 045720 045720 ERICKSON, KURT R Totals Check Nutidser 045720 Check Number 045721 045721 FARNIOK, CORREY L. Totals Check Number 045721 Check Number 045722 045722 FISCHENICH, DAN T. Totals Check Number 045722 Check Number 045723 Check Date lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 Page 2 Check Amount 652.69 652.69 1,156.76 1,156.76 548.37 548.37 1,588.44 1,588.44 1,371.07 1,371.07 1,224.24 1,224.24 1,248.91 1,248.91 1,407.42 1,407.42 1,117.57 1,117.57 9 Mar 1999 Tue 2:46 PM Check Register City of Oror.o Check Number Employee Name Check Number 0457;3 045723 FISCHER, CHRISTOPHER K. Totals Check Number 045723 Check Number 045724 045724 HANSING, CAROL J. Totals Check Number 045724 Check Number 045725 045725 JOHNSON, BRADLEY P. Totals Check Number 045725 Check Number 045726 045726 KNOLLENBERG, KRISTIN L. Totals Check Number 045726 Check Number 045727 045727 MCNALLY, STEVEN A. Totals Check Number 045727 Check Number 045728 045720 MCNICHOLS, DAVID L. Tocals Check Number 04-720 Check Number 045729 045729 MOROWCZYNSXI, JAMES Totals Check Number 045729 Check Number 045730 045730 PERSELL, WILLIAM R. Totals Check Number 045730 7heck Number 045731 J45731 SCHOENHOFF, JOHN B. Totals Check Number 045731 Check Number 045732 Check Date lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 Page 3 Check Amount 909.99 909.99 387.68 307.60 1,313.26 1,313.26 600.32 600.32 976.29 976.29 565.76 565.76 1,510.37 1,510.37 267.04 267.84 1,251.23 1,251.23 i 4 4 ! 4 I %i 9 Mar 1999 Tua 2:46 PM Check Register City of Orono Check Number Employee Name Check Number 045732 045732 TOMCHECK, LAWRENCE F. Totals Check Number 045732 Check Number 045733 045733 TOMCZYK, MARK W. Totals Check Number 045733 Check Number 045734 045734 WITTKE, ANTHONY A. Totals Check Number 045734 Check Number 045735 045735 HAGEN, MATTHEW D. Totals Check Number 045735 Check Number 045736 045736 JOHNSON, JEFFREY D. Totals Check Number 045736 Check Number 045737 045737 STEVENS, ROBERT S. Totals Check Number 045737 Check Number 045738 045738 GAFFRON, MICHAEL P. Totals Check Number 045738 Check Number 045739 045739 GAPPA, GREGORY A. Totals Check Number 045739 Check Number 045740 045740 OMAN, LYLE B. Totals Check Number 045740 Check Number 045741 Check Date lO-Mar-99 lO-Mar-99 10-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 Page 4 Check Amount 260.31 260.31 1,277.99 1,277.99 469.56 469.56 110.51 110.51 714.19 714.19 104.85 104.85 1,161.19 1,161.19 1,565.93 1,565.93 248.55 248.55 9 Mar 1999 Tue 2:46 PM Check Register City of Orono Check Number Employee Name Check Number 045741 045741 VAN ZONEREN* ELIZABETH Totals Check Number 045741 Check Number 045742 045742 VANG, BRUCE L. Totals Check Number 045742 Check Number 045743 045743 WECKMAN, STEPHEN J. Totals Check Number 045743 Check Number 045744 045744 NEINBBRGER, PAUL E. Totals Check Number 045744 Check Number 045745 045745 BRINKHAUS, JOHN F. Totals Check Number 045745 Check Number 045746 045746 DEBAERE, DONALD L. Totals Check Number 045746 Check Number 045747 045747 GREGORY, JAMES D. Totals Check Number 045747 Check Number 045748 045748 HANSEN, STEVEN C. Totals Check Number 045748 Check Number 045749 045749 OBERAIGNER, SCOTT G. Totals Check Number 045749 Check Number 045750 Check Date lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 iO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 Page 5 Check Amount 1,154.11 1,154.11 993.71 993.71 70.19 70.19 802.42 802.42 1,115.06 1,115.06 871.68 871.68 598.44 598.44 921.29 921.29 766.11 766.11 ' ■ j V 9 Mar 1999 Tue 2:46 PM Check Register City of Orono Check Number Employee Name Check Number 045750 045750 OBRIEN, RANDY L Totals Check Number 045750 Check Number 045751 045751 PALMER, GREGORY A. Totals Check Number 045751 Check Number 045752 045752 RATHBUN, BARRY J. Totals Check Number 045752 Check Number 045753 045753 SRREEN, DALE S. Totals Check Number 045753 Check Number 045754 045754 STEFPENHAGEN, RONALD E. Totals Check Number 045754 Grand Total 'l: Check Date lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 lO-Mar-99 Page 6 Check Amount 348.08 348.08 642.41 642.41 915.85 915.85 639.59 639.59 1,094.11 1,094.11 41,260.88 4 i r I 9 Har 1999 Tue 3:29 PH Check Register City of Orono Check Number Date Name Check Number 5«442 58442 CITY COUNTY CREDIT UNION lO-Mar-99 CITY COUNTY CREDIT UNION Totals Check Number 58442 CITY COUNTY CREDIT UNION Check Number 58443 FIRST NATIONAL BANK OF LAKES 58443 58443 58443 lO-Mar-99 lO-Mar-99 lO-Mar-99 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totals Check Number 58443 FIRST NATIONAL BANK OF LAKES Check Number 58444 GREAT WEST LIFE ASSURANCE CO. 58444 lo-Mar-99 GREAT WEST LIFE ASSURANCE CO Totals Check Number 58444 GREAT WEST LIFE ASSURANCE CO Check Number 58445 ICMA RETIROffiNT TRUST - 457 58445 lO-Mar-99 ICMA RETIREMENT TRUST - 457 Totals Check Number 58445 ICMA RETIREMENT TRUST - 457 Check Number 58446 LAW ENFORCMENT LABOR SERVICE 58446 lO-Mar-99 LAW ENFORCMENT LABOR SERVICE Totals Check Number 58446 LAW ENFORCMENT LABOR SERVICE Check Number 58447 MINNESOTA CHILD SUPPORT PMT CT 58447 lO-Mar-99 MINNESOTA CHILD SUPPORP PMT CT Totals Check Number 58447 MINNESOTA CHILD SUPPORT PMT CT Check Number 58448 NN DEPT OF REVENUE 58448 lO-Mar-99 MN DEPT OF REVENUE Totals Check Number 58448 MN DEPT OF REVENUE Check Number 58449 MN MUTUAL LIFE 58449 lO-Mar-99 MN MUTUAL LIFE Totals Check Number 58449 MN MUTUAL LIFE Check Number 58450 MN STATE RETIREMENT-DEF COMP 58450 lO-Mar-99 MN STATE RETIREMENT-DEF COMP Totals Check Number 58450 MN STATE RETIREMENT-DEF COMP Transaction Amount 7,924.00 7,924.00 3,619.20 3,619.20 7,922.99 35,161.39 830.68 830.68 250.00 250.00 0.00 0.00 179.51 179.51 3,434.02 3,434.02 703.00 703.00 227.00 227.00 Page 1 Comments SAVINGS W/H L TRANSFERRED PICA 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 J 9 Mar 1999 Tue 1:29 PM Check Register City of Orono Check Number Date Name Check Number 58450 MN STATE RETIREMENT-DEF COMP Check Number 58451 PEBSCO/OBRA 58451 lO-Mar-99 PEBSCO/OBRA Totals Check Number 58451 PEBSCO/OBRA Check Number 58452 PEBSCO/US CONF OP MAYORS 58452 lO-Mar-99 PEBSCO/US CONF OP MAYORS Totals Check Number 58452 PEBSCO/US CONF OP MAYORS Check Number 58451 PERA 58453 58453 lO-Mar-99 lO-Mar-99 PERA PERA Totals Check Number 58453 PERA Check Number 58454 UNITED WAY 58454 lO-Mar-99 UNITED WAY Totals Check Number 58454 UNITED WAY Grand Total Transaction Amount 18.24 18.24 2,483.95 2,483.95 4,538.11 5,959.85 10,497.96 31.00 31.00 41,740.75 Page 2 Comments OBRA DEFERRED COMP W/H USCM DEFERRED COMP W/H PERA EMP'/)YEE W/H PERA CITY SHARE CHARITY DONATIONS W/H I*- couNjcii, meeting MAH 2 2 1999 Cl IY Oh OnuivO information ITEMS COUNCIL MEETING f • u o p PC PQ Qi Ul H O (U Ou CO U3e Q U4 Pcn CO H CO H M u C14 ce:uH COuDou q: ♦ « H o: 00« o Cl) zod o Ck^ Q O CO D Cx- CO O CO M >4 E-tM M o 1 Cl) fH o\ tn o o in CNj CN o o o in • ••••• o\ ^ ^ o o r* 0000000 0000000 • •••••• 0000000 000 000 • • • 000 00000 00000 * 000 000 • • • 000 H VO in in in « % « H ^ H m in Z0M 1 000000 000000 • ••••• 000000 O CM O o in ro CM 00 o fH in c7\ ov in m fo o\ m r* 0000000 0000000 • •••••« in o o o in o o in o o in CM o fo cMomi-ir-fHr- ««««««« ^ o\ in H f-4 rH r-l 000 000 • • • mom a\ a\ 00000 00000 •¥t 000 000 • • • 000 CM Vl» CM r-4 r:o H iH (M m iH CO CM CM CM fH iH VO m (M 5T 00 CM m iH ♦ iH VO iH O rH O O r-l « fH rH CM O r> ^ O O iH cn o 00 o o iM • ••••• GO iH m o o m 0000000 000 000 • • • 000 00000 • f • • • 00000 * 000 000 • • • 000 n VO CO m H CM VO rH 00 ca Cl) Ct. 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I S88S~::c^ olA O in »- K ^ in o ^ o in m •- in 38sn in «- K tn in SS8S°'^ jT in CM in CM o in in p ^ CM ^ :$88:$ 8 8SQSS r- CO ?;88S;•- >!■ gsa§ - S5.2 II OC 4-» I. II — CL oc s| Cloc «-* Q. M o o o S 2 § « S 41i:ili SiS S & o o g o. - « .§ 8 o. ^ ino KhS t * 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 COIIMrii »«cgTING Mnk 9 9 1999 ROLL: UI r UH UhUNO The Orono Planning Commission met on the above date with the following members present: Acting Chair Elizabeth T. Hawn, Lili McMiiian, Alternate Jeanne Mabusth and Alternate James White. The following represented the City Staff: Senior Planning Coordinator Michael Gaffron, City Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, and Recorder Lanette Wolf. Acting Chair Hawn called the meeting to order at 6:30 p.m. (#1) #2458 CITY OF ORONO. ZONING CODE AMENDMENT, LR-1C-1, ONE FAMILY LAKESHORE RESIDENTIAL SUBDISTRICT. SECTION 10.26. SUBD. 3. TO ELIMINATE THE ALLOWANCE OF A 50% INCREASE IN DWELLING UNIT DENSITY. FROM 2 TO 3 UNITS PER ACRE. 6:30 p.m. - 6:55 p.m. Gaffron presented the staff report. He stated that the City Council adopted an interim moratorium in May 1998 temporarily suspending use of the 50% density credit in the LR>1C>1 zoning subdistrict. This moratorium was established due to a development proposal that Council believed would add too much traffic to the local streets, and would add to the high volume of traffic that is already overburdening County Road 15. The properties zoned LR-1C-1 are located along County Road 15 in Navarre and adjacent to marinas on County Road 51 on Maxwell Bay. He said the existing neighborhoods surrounding these areas were developed prior to the City’s adoption of the zoning regulations, and are generally developed much more Intensely than would be allowed under the current zoning regulations. He said the Council is concerned that the current density credit language does not provide sufficient discretion to the City to ensure a development Is planned in such a way that it provides sufficient open space, landscaping and access options to somewhat balance the intensity of the surrounding development and minimize the traffic impacts. Gaffron displayed a map showing the location of properties that are zoned LR-1C-1. Gaffron stated that the LR-1C-1 density credit allows a 50% increase In dwelling unit density over the LR-1C District. The LR-1C District requires a minimum lot size of 1/2 acre, which transiatesto a maximum dweiling unit density of 2 units per acre. A 50% increase in density yields 3 units per acre. Gaffron said the number of multi-family dwelling units that might be developed or redeveloped in the existing LR-1C-1 zones under the current code is iess than 20. He said the City has provided for significant numbers of multi-famiiy dwelling units in Its Highway 12 Corridor. Gaffron said an alternative to total elimination of the LR-1C-1 district is to retain the ability to use a PRD (Planned Residential Development) to enable clustering and attached units. This would allow up to 4 attached units and wouid retain the ability to have a variety of housing types, but at a lower overall density than the current code allows. Gaffron stated that staff has drafted two options. Option 1 would delete language allowing 50% density credit, add language specifically allowing attached dweiling units as a Conditional Use, but only if Council determines the PRD provisions are met, and add a provision to limit density to two dwelling units per acre. Option 2 would delete Section 10.26 in its entirety and rezone all properties in LR-1C-1 to LR-1C. Gaffron stated that the property owners within the LR-1C-1 districts as well as property owners within 350 feet of those districts have been notified by mail of this public hearing. There were no public comments Hawn stated that two letters were received from residents who were in favor of limiting the density. She said that the Commission members should consider whether they want to recommend a change. If they do recommend a change, will they recommend a change in which the zoning is reverted to Page 1 3 I ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16.1999 LR-1C or will they consider some change to the LR-1C-1, keeping attached housing as a viable alternative. Mabusth asked staff if this special section is needed because of the requirements made of a developer under Section 10.56, Subd. 19, regulations for development of PRDs within the Shoreland District. Gaffron said Section 10.56 is the Shoreland Ordinance and the PRD regulations within Section 10.56 would make It difficult to do a density that might be commensurate with the LR-1-C1 on a property located directly on the shoreline because it requires “tiering* which acts to limit overall density. Mabusth noted that the impervious surface standard is 50% for the total property and In the LR-1C-1 district, It says that beyond 100 feet there shall be no more than 35% impervious surface. Gaffron displayed a map showing the location of the property that would be affected by the Shoreland District standards. Mabusth asked If the Council specifically asked that the 50% density credit be removed. Gaffron said yes. McMillan asked for clarification of four attached units. Gaffron said it would be a building having four separate dwellings in it with four separate entrances. Mabusth asked If staff received any phone calls from the property owners on the north side of Shoreline Drive. Gaffron said he received one call. White questioned Paragraph D. regarding the hardcover. Gaffron said that paragraph has not been changed since 1975. He said the Commission could take this opportunity to make it more consistent with the zoning in the rest of the City. It does conflict with the Shoreland District ordinance and Orono’s hardcover ordinance which say that from 75-250* you are allowed 25% hardcover. Hawn said It would be good to remove the 50% credit, but she would like to keep the opportunity for attached housing. Mabusth concurred with Hawn. McMillan asked about the duplex law. Gaffron explained the duplex law. White said he wants to keep the provision for attached housing. Hawn said it also permits the preservation of land area and limits hardcover. Hawn asked If the Commission members are in favor of eliminating the 50% credit. Mabusth said the Commission should follow the Council’s direction and eliminate the 50% credit in the LR-1C-1. She thinks that attached dwellings would be allowed under other sections of the code. She said certain sections of this code may be in conflict with Section 10.56 of the Shoreland Ordinance. Gaffron said that this code would be superseded by the Shoreland Ordinance in the areas that are less than 1,000 feet from the lake. Page 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16.1999 (m) *2468 cny of ORONO, zoning code amendment , LR-IC-1 • Continued Hawn asked if this code shouid be reviewed based on the Shoreland Ordinance. Gaffron said this matter could be delayed for further review before the moratoriunri expires. Mabusth said it would be beneficial to look at Section 10.56 of the Shoreland Ordinance to see if there are some sections in the zoning code that are not needed. Gaffron said for purposes of that review, he would take some sample real properties within the district and show how Section 10.56 would apply and what then becomes possible under those standards. McMillan moved, White seconded a motion to table application #2458 City of Orono, Zoning Code Amendment, LR-1C-1, One Family Lakeshore Residential Subdistrict, Section 10.26, Subd. 3. to Eliminate the Allowance of a 50% Increase in Dwelling Unit Density from 2 to 3 units per acre. VOTE: Ayes 4, Nays 0. (#2) #2459 CITY OF ORONO. ZONING CODE AMENDMENT. TELECOMMUNICATIONS ORDINANCE. 6:56 p.m. - 7:10 p.m. Gaffron presented the staff report. He said there is a need to clarify and correct certain provisions of Ord. #161,2nd Series which was adopted in May 1997. Gaffron reviewed the impact of a list of changes that were made to the ordinance. He said the impact of items 9 and 10 is that antenna 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 antennas in the B-1, B- 3, B-4, B-6 and Industrial 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. He said that Section 3 of the proposed ordinance will 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. Gaffron said the impact of item 11 is that Personal Wireless Service Antennas and Towers are allowed as a highly-regulated use in the B-1 and B-3 districts and also in the B-4, B-6 and Industrial 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 Industrial districts. He said Council ’s intent was to allow Personal Wireless Service antennas on the two City water towers. The Navane water tower is in the LR-1C district. The only municipal structure in B-6 is the well house. Since the City does not want a PWS antenna or tower on the well house, then this item should be dropped. Section 1 of the proposed ordinance deletes the portion of the ordinance that allowed PWS 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. Gaffron said the impact of item 14 is that existing Industrial antenna structures became non- conforming. He said that was not the intent and it is resolved by Section 3 of the proposed ordinance. Gaffron said staff recommends adoption of the proposed ordinance which 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 comectly re-adopts the first three provisions of Section 8, and adds the ‘Personal Wireless Service Antennas and Towers ” provisions into the LR-1C list of accessory uses. Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16.1999 (1t2) M24S9 Cmr OF ORONO, ZONING CODE AMENDMENT, TELECOMMUNICATIONS ORDINANCE- Continued Gaffron asked the Commission to comment on whether antenna provisions should be added to the B-2 and B-5 districts. There were no public comments. Hawn asked if the Commission members wanted to comment on whether there should be changes made to the B-2 and B-5 districts. Mabusth said the question is whether such structures should be allowed in the Shoreland district. She asked staff to show the location of these districts. Gaffron displayed a map showing the B-5 and B-2 districts. White questioned whether B-5 and B-2 districts have no antennas controls or they are not allowed any antennas. Gaffron said they are not allowed in the B-5 and B-2 districts. If they are allowed, they need to be regulated. Mabusth asked if the structure could be as high as 65 feet. Gaffron said there are limitations and he is not sure if 65 feet would be the maximum allowed. Mabusth asked what would be allowed if the code is amended. Gaffron said it would be same as the other B districts. White said he would not recommend a change in the B-2 or B-5 districts. Gaffron explained the height requirements. White moved, McMillan seconded, a motion to adopt 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. VOTE: Ayes 4, Nays 0. (#4) #2440 DALE GUSTAFSON, ON BEHALF OF ROBERT LUX, 1209 FRENCH CREEK DRIVE, VARIANCE. 7:15 p.m. - 7:25 p.m. Dale Gustafson and Ed Suarez, Gustafson Design of Golden Valley, were present. Weinberger presented the staff report. He said this application is for variances to permit the construction of swimming pool and terrace area with a patio to the rear of the existing residence. Ute proposed pool would be located 28’ from the rear property line. He said the lot is located in the French Creek Subdivision which was developed as a Planned Residential Development (PRD) south of French Lake. There is a 150' setback requirement from French Lake because It is a Natural Environment lake. The proposal would place the swimming pool and patio area within the 150' structure setback. The proposal meets all hardcover and structural requirements and it does not have an unfavorable impact on the neighboring properties. Staff recommends approval of the variances. He said the applicant will be returning for a condKional use permit to complete a landscape pond at the north end of the property. Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 (M4) M2440 DALE GUSTAFSON, ON BEHALF OF ROBERT LUX. 1209 FRENCH CREEK DRIVE, VARIANCE- Continued Mabusth asked about the locations of the alternate and principal septic sites. Gustafson responded that the existing septic is iocated to the left side of the house. The alternate is in the front to the left of the driveway. Mabusth asked if the landscape pond has a purpose. Gustafson said there Is a natural pond there now that must be realigned and the size adjusted because of the placement of the pool. Mabusth asked if the homeowners association has reviewed the landscape plan. Gustafson said the homeowner ’s association has seen the entire plan. There were no public comments. White said he had no questions. McMillan said that French Lake is an environmentally strong lake. She is in favor of the application despite the fact that it is within 150’ of French Lake. She asked about the drainage for the pool water. Gustafson said it is a contained system. McMillan said she has concerns about the pond because of its proximity to the lake. She does not object to the pool. Mabusth asked if a pool house structure will be necessary. Gustafson the pool equipment will be incorporated under the patio. White moved, McMillan seconded, a motion to approve Application #2440, for Dale Gustafson, on behalf of Robert Lux, 1209 French Creek Drive, for variances from the Natural Environment structure setback of ISO* 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. VOTE: Ayes 4, Nays 0. (#5) JOHN ERICSON, SR., 1620 SHADYWOOD ROAD, VARIANCES, 7:26 p.m. - 7:38 p.m. John Ericson was present. Weinberger presented the staff report. He said the applicant is requesting variances to permit the construction of a 20’ by 12 ’ boathouse to be located 20 ’ from the lakeshore of Lake Minnetonka. The applicant requests to replace a boathouse removed in 1981. On July 27,1981 the Orono City Council denied after-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. Pages ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 (IfS) JOHN ERICSON, SR., 1620 SHADYWOOD ROAD, VARIANCES • Continued Weinberger said that this appiication requires variances to permit a structure within 75* of the iakeshore and within the average iakeshore setback. It woukJ also require a variance to allow additional hardcover within the 0’-75’ Iakeshore setback where no hardcover is normally allowed, Weinberger showed a diagram of the proposed boathouse. Weinberger said staff is recommending denial of the application based on no apparent hardship. Allowing development of the structure would be an adverse impact to Lake Minnetonka by compromising water quality and have a negative visual impact for adjacent property owners and from the lake. John Ericson talked about the City requiring him to remove the old boathouse. He questioned why the City allowed other structures to be built close to the shore and he cited examples. There were no public comments. Weinberger said the neighboring property owner, Dorie Finn, 1620 Shadywood Road, did contact the City and she said she was not opposed to the proposed boathouse. White questioned the size of the concrete slab. Ericson said there is an existing concrete slab. He questioned why the Council allowed a boathouse to be rebuilt on Casco Point. Weinberger clarified why the Council allowed the boathouse on Casco Point to be rebuilt. He said the life cycle of the structure was not exhausted prior to the damage sustained in a May 1998 storm. Wind damaged the roof and deck, whoch would be allowed to be replaced with a building permit under normal circumstances. However, the deck replacement would be over a foundation that does not meet current building code standards. Therefore, the foundation was allowed to be repaired before the deck and roof were reconstructed. Ericson said he did not believe the life cycle of his boathouse had been exhausted when he was required to remove it. White said he is willing to make a motion to deny this application and Mr. Ericson will have an opportunity to present his case to the City Council. Hawn agreed with White and said there are two issues. One, was it a correct decision when Mr. Ericson was forced to tear down his boathouse in the first place, and two, is it appropriate to have new construction. White moved, Hawn seconded, a motion to deny Application #2463 for John Ericson, Sr., 1620 Shadywood Road, based on no apparent hardship that would require an accessory building to be located along the Iakeshore 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* Iakeshore setback, and having a negative visual impact for adjacent property owners and from the lake. VOTE: Ayes 4, Nays 0. Page 6 1 1 J ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 (#6) #2454 GREG AND MARCIA BARNUM, 150 MCCULLEY ROAD, AFTER-THE-FACT CONDITIONAL USE PERMIT. 7:39 p.m. - 7:47 p.m. Marcia Bamum was present. Van Zomeren presented the staff report. She said the property has 179’ on Bayside Road and the length of the lot follows McCulley Road. When the properly was platted, the address of 150 McCulley Road was assigned; however, the front of the lot Is the narrow end on Bayside and one of the issues to be addressed is whether or not to recommend that the address be changed. Van Zomeren said the applicant contacted Hennepin County and obtained a driveway access permit from Hennepin County. As the driveway was being installed, they discovered debris buried on the property. A land alteration permit is required because more than 500 cubic yards was disturbed. The City Engineer, Tom Kellogg, reviewed the plans. He questioned the purpose of the stockpile of dirt and he wanted to ensure that the septic sites were not disturbed. Van Zomeren said staff does not believe that the septic sites have been damaged or disturbed. Van Zomeren did not receive any public comment except from one neighbor who was concerned about the distance of the driveway located from the intersection. Access from McCulley Road is not feasible to achieve an 8% slope or less for the driveway. Sandy from Diversified Const, said the stockpile of dirt will be used for fill around the house. Mabusth asked when the applicant plans to get the building permit for the new residence. Sandy said they applied for the building permit and it will be issued after this matter is settled. Mabusth asked if the applicant would have a problem with the Bayside address. Bamum said it would not be a problem. The entrance from Bayside is much more gradual than from McCulley. There were no public comments. McMillan said the driveway entrance from Bayside would be a much better option than McCulley. She said the applicant should not have to pay after-the-fact fees for this application. Van Zomeren said that the conditional use permit is needed because as the project progressed, more than 500 cubic yards of dirt was moved around. It is not known how much dirt would have been moved around for the driveway if conditions had been typical. The existing conditions on the site that were unknown led to the problem of the amount of soil that was being moved. David Dunn, a neighbor, said he feels another driveway on Bayside creates an additional traffic hazard. He asked if there could be additional signage for a hidden driveway. Mabusth said Bayside is a county road and Mr. Dunn should contact the County Highway Department regarding signage. Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 (m) M24S4 GREQ AND MARCM BARNUM, 160 MCCULLEY ROAD, AFTER-THE-FACT CONDITIONAL USE PERMIT - Continued White moved, McMillan seconded, a motion to approve Application #2454 for Greg and Marcia Bamum, 150 McCulley Road, for an after-the-fact conditional use permit for land alternation subject to: 1. Review of the septic sites to ensure that they were not disturbed. 2. Determine an end date for the stock pile. 3. Change the address to a number on Bayside Road (4760). 4. Applicant to obtain a land alteration permit There should not be a double fee for the application. VOTE: Ayes 4, Nays 0. (#7) #2455 ROGER AND KRISTINE STRAUMAN, 123 CHEVY CHASE DRIVE, VARIANCE, 7:45 p.m. - 7:50 p.m. Roger and Kristine Strauman were present. Van Zomeren presented the staff report. She said the applicants are requesting a iot area variance to remove the existing residence and construct a new residence. The lot Is approximately one-half acre. Staff recommends approval of the lot area variance. Roger Strauman said he has talked to the neighbors and they do not object to the proposal. There were no public comments. White moved, McMillan seconded, a motion to approve Application #2455, Roger and Kristine Strauman, 123 Chevy Chase Drive, for a lot area variance. VOTE: Ayes 4, Nays 0. (#8) #2457 DAVID AND PAULA LINDBERG, 1392 BALDUR PARK ROAD, VARIANCES, 7:51 p.m. - 8:30 p.m. David and Paula Lindberg were present. Van Zomeren presented the staff report. She said the applicants propose to tear down the existing house and construct a new house and garage. The surveyor has submitted a revised site plan that would eliminate some the variances. One of the concerns that staff had is that the driveway was not sized to allow for an adequate back out area. The surveyor did redraw the driveway to provide the applicant with a better backing out area. All of the structural hardcover is located in the 75-250’ setback. Van Zomeren displayed the elevations for the proposed residence. The proposed residence is different that the O’Keefe proposal. The lot has the 0 ’-75’ setback requirement on two sides. In this plan, the garage is detached and located closer to the street and more of the hardcover is put into structure rather than driveway. Structural coverage on this proposal is 4,804 square feet or 15.12%. The variances that this application would need are for hardcover In the 0 ’-75’ setback for the driveway, and hardcover in the 75’-250’ setback. Grading for the driveway would require a conditional use permit because it is within five feet of the property line. She also recommended that the conditional use permit language reflect that the topography be restored where the foundation is removed. The applicants had no comments. Page 8 j ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 (H8) DAVID AND PAULA UNDBERG, 1392 BALDUR PARK ROAD, VARIANCES Continued Julie and Mark VerSteege, neighbors to the north, said they want to make sure the runoff strys on the applicant’s property, and does not drain into their basement. Mabusth asked if the applicants have submitted a grading plan. Van Zomeren said the plan was submitted to Tom Kellogg, the City Engineer. He said to make sure silt control fences are used. The City Engineer ’s first review did not flag any major concerns. Mabust'.i asked if the surveyor has confirmed that there is no average lakeshore setback problem. Van Zomeren said yes. Hawn asked if the applicants have looked at reducing the structural coverage by 40 square feet. David Lindberg said they are willing to reduce the structural coverage. McMillan questioned the detached garage. Lindberg said an attached garage would require a larger driveway and additional grading. McMillan suggested repositioning the garage in order to reduce the slope and improve safety. Mabusth questioned why the O’Keefe application was so much lower in hardcover in the 75 ’-250 ’ setback. Lindberg said the O’Keefe ’s had more driveway and a smaller garage. Mabusth asked how the other commission members felt about the hardcover in the 75 ’-250 ’ setback. Hawn said this is a difficult site. She would like to see the structural coverage reduced by 40 square feet. Mabusth asked staff to review the variances that would be needed with the current plan Van Zomeren said they would need a variance for the 0’-75 ’ setback on the south side, a variance in the 75 ’-250 ’ setback to allow 33% where 25% is allowed, a conditional use permit for grading within five feet of the property line and restoration of the topography. McMillan asked about the O’Keefe ’s plan and what the amount of hardcover was in the 75 ’-250 ’. Van Zomeren said it was 5.725 square feet. Mabusth asked if the garage design would match the house. Lindberg said the garage would match the house. Mabusth said the Commission would have a problem approving 33% hardcover in the 75 ’-250 ’ setback. She asked about the hardcover that would result from the porches. Van Zomeren reviewed the square footage of the hardcover. She said they would need to reduce 1.000 square feet to meet the 25% requirement. Pages ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 (1t8) 1t2467 DAVID AND PAULA UNDBERQ, 1392 BALDUR PARK ROAD, VARIANCES • Continued Hawn recommended that the applicants reduce the size of the porches. Mabusth suggested that the applicants work with staff to reduce the amount of hardcover. McMiilan said the hardcover for the driveway in the 0’-75 ’ is a necessity. She wants to make sure the driveway is safe. In the 75-250’. she is inclined to approve something similar to the O'Keefe application. Van Zomeren said the hardcover required is a matter of design, not hardship. The porches contribute significantly to the hardcover number. Mabusth feels the design could be changed to meet the hardcover requirements. She recommended they meet with their architect and work on the design. Hawn told the applicants they need to meet the 15% structural coverage and reduce hardcover so that it is close to 30%. McMillan recommended they look at the design of the garage and driveway approach. She does not want them to eliminate hardcover in the driveway and reduce safety in order to add more building hardcover. Paula Lindberg asked if it would adversely affect their application to make a more gradual slope for the driveway. McMillan said she looks at the driveway as a hardship because she does not want them to have an unsafe driveway. Mabusth recommended they have their final grading plan ready when the application comes before the Planning Commission again. Hawn asked if the applicants need to give their permission to extend the 60-day time limit. Van Zomeren said staff would send the applicants a letter regarding extending the 60-day time limit. She wanted to make it clear that it is difficult for staff to advise applicants on the square footage that might be approved because every variance is different. Hawn moved, McMillan seconded, a motion to table Application #2457,1392 Baldur Park Road, for variances and a conditional use permit until March IS, 1999. VOTE: Ayes 4, Nays 0. Recess, 8:30 p.m. - 8:35 p.m. (#3) #2398, WAYZATA COUNTRY CLUB, 200 WAYZATA BLVD. W., CONDITIONAL USE PERMIT AMENDMENT, 8:35 p.m. - 8:50 p.m. Louis Oberhauser was present. Weinberger presented the staff report. He said the Wayzata Country Club has recently developed a master plan for the entire golf course. As part of the master plan, the Wayzata Country Club applied to the City for a Conditional Use Permit for reconstruction, relocation or addHion of tees for each of holes #1-18 and reconstruction, relocation and addition of bunkers along fairways and around most of the greens. The third phase of the project is the expansion of three pond areas on the property. The City approved a conditional use permit to complete the work on the tee boxes and bunkers Page 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 (ia) «23M, WAYZATA COUNTRY CLUB, 200 WAYZATA BLVD. W., CONDITIONAL USE PERMIT AMENDMENT - Continued throughout the Country Club. However, the conditional use permit did not approve the plans for the ponds and requires the applicant to return with detailed plans for pond construction. Weinberger said the application is to expand the ponds on hole #6 and hole #12. Staff is concerned about the material that will be removed from the ponds. On hole #6, the dredging will result In approximately 17,000 cubic yards of fill. It will be stockpiled on the Country Club property. On hole #12, the dredging will result in approximately 5,500 cubic yards of fill which will be stockpiled. Weinberger said the DNR has stated they do not have any opposition to the proposed project, but have requested any additional drainage be diverted away from the Luce Line Trail. It is clear from the plans the total volume of the ponds will increase and drainage will not be impacted. Weinberger said that in addition to the conditional use permit, a variance is needed for grading within a City protected wetland on hole #6. He said the Minnehaha Creek Watershed district and the DNR have granted approval. A copy of the plans will be sent to the Corps of Engineers, but a perm'rt is not necessary. He said that staff recommends approval of the application. Louis Oberhauser commented on the 10:1 sloping on the shoreline. He would like to work with the City Engineer on that because it is too shallow. Hawn asked if that is a city requirement. Weinberger stated It was a recommendation made by the City Engineer. He said the Watershed District has reviewed the plan and they would be comfortable in working with something less than 10:1. He said he has not shown Tom Kellogg a plan that would reflect a smaller area. The plan will go to Tom Kellogg prior to the application going to the City Council to see if he has any issues with a smaller than a 10:1 ratio. Mabusth asked to see how much of the designated wetland would be altered. Weinberger displayed a map showing the location of the wetland. Mabusth recommended a conservation and fiowage easement over the designated wetland. Weinberger agreed and stated the City would request when the application is before the CHy Council. Hawn asked if they will replant the periphery of the ponds and what material will be used. Oberhauser said they will maintain the fairway in the rough to the edge of the pond along the sbcth fairway, but on the east side of the pond, they will leave a 20’ natural buffer zone planted with trees and aquatic vegetation. McMillan asked if the stockpiles will be planted. Oberhauser said the stockpiles will be rough graded the first year. At the end of the first year, they will finish grade sod. There were no public comments. Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 («3) 10398, WAYZATA COUNTRY CLUB, 200 WAYZATA BLVD. W., CONDITIONAL USE PERMIT AMENDMENT - Continued White moved, McMillan seconded, a motion to approve Application #2398, to amend Resolution #4146, a Resolution Granting a Conditional use Permit Per Municipal Zoning Code Section 10.03 Subdivisions 19*21, and approve a variance for grading within a City protected wetland on hole #6. VOTE: Ayes 4, Nays 0. (#9) #2460 CLIFF OTTEN/KRISTIN JACQUES, 3800 WAYZATA BOULEVARD, CONDITIONAL USE PERMIT, 8:51 p.m. - 8:56 p.m. Rod Johnson, representing Cliff Often and Kristin Jacques, was present. Kristin Jacques was also present. Van Zomeren presented the staff report. She said the applicant is requesting a conditional use permit to operate a day care center for 45 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. Van Zomeren said the site meets all the requirements under the code for a day care facility. They would be allowed an identification sign not to exceed 12 square feet. The staff recommendation is to limit the number of enrollees to 45 children at one time. The number of staff should correlate based on the licensing. The applicant should provide the hours of operation and the applicant is in the process of obtaining a license from the Department of Human Services. She said it is anticipated that this building will be removed when construction begins on Highway 12. Kristin Jacques stated they want a maximum of 6C children, not 45. The children will range In age from 33 months to age 11. Hawn asked if the parking requirements would change with a maximum of 60 children. Van Zomeren said that If seven or fewer staff are on site at one time, it would meet the requirement. She asked how many staff would be on site at one time. Jacques stated there will be three shifts and sbc staff present at one time. Van Zomeren said parking would not be a problem. She asked about the ratio of children and staff. Jacques stated the ratio is one to ten and there would be six staff, maximum, per shift. Hawn asked about the ages of the children. Jacques said they would be serving children ages 33 inonthsto 11 years old. The hours of operation would be 6:00 a.m. to 6:00 p.m. or 6:30 a.m. to 6:30 p.m. There would not be any night time hours of operation. There were no public comments. Page 12 1 i i__ ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 (H9) M2490 CUFF OJTEN/KRISTIN JACQUES, 3800 WAYZATA BOULEVARD, CONDITIONAL USE PERMIT- Continued Mabusth moved. White seconded, a motion to approve Application #2460 for Cliff OttenTKristin Jacques at 3800 Wayzata Boulevard for a 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 shall provide the hours of operation for inclusion in the resolution. 3. The applicant is to obtain a license from DHS. VOTE: Ayes 4, Nays 0. SKETCH PLAN REVIEWS (#10) #2456 BOHLAND DEVELOPMENT COMPANY. HAVING AN INTEREST IN 1C.!5 BROWN ROAD SOUTH (PID #10-117-23-24^01). 8:56 p.m. - 9:30 p.m. Steve Bohl, Bohland Development, Inc., was present. Van Zomeren presented the staff report. She stated the zoning district for this parcel Is RR-1B which requires two acres of dry buildable land for each residence. The lot area is 42.6 acres in total, with 20.5 dry acres and 23.1 wet acres. The site plan shows seven lots. The lots meet the two-acre minimum with the exception of lot 4. The dry acres are 1.8. A NURP pond will be located on lot 4. Access to lot 1 would be provided through King Street. The rest of the lots would be senred by a cul- de-sac coming off from Brown Road. Lot 2 would be served by an outlet off from the cul-de-sac. Lot 2 would be considered a through-lot. She said the proposed plan shows a primary and secondary septic site for each proposed lot. The Park Dedication Fee has not been determined since this is a sketch plan. The City would require flowage and conservation easements over the wetlands and drainage and utilKy easements along the lot lines. The private road for the cul-de-sac would need to be designed and maintained according to City standards. She said the stormwater management issues have gone to the Minnehaha Creek Watershed District. She requested that the Planning Commission discuss the following issues: 1. Proposed access for Lot 1 via King Street; 2. Lot 2 access and status as through lot; 3. Lot 4 lot area at 1.8 acres; and 4. Tax-forfeited ‘exception* parcel. White asked if the tax forfeited parcel would increase the size of lot 4. Van Zomeren stated it would not increase the dry buildable area because the tax forfeited parcel is wet. Mabusth asked if a wetland delineation had been completed. Van Zomeren said yes. Steve Bohl stated his original proposal was for sbc lots with a cul-de-sac coming off from Willow Drive. At that time, he did not have a contract to purchase the property located at 1045 Brown Road and the lots would have all exceeded the minimum 2.0 acre requirement. He said that Dave Zetterstrom of Hennepin County looked at the proposed access off from Brown Road. He said Zetterstrom felt that the access onto Brown Road would be a safe and better situation than adding additional traffic to Willow Drive. Zetterstrom also looked at the King Street access for lot 1 which Page 13 r ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 (§10) §2456 BOHLAND DEVELOPMENT COMPANY, HAVtNQ AN INTEREST IN 1025 BROWN ROAD SOUTH (PID §10-117-23-24^1) - Continued currently serves one property, 775 Brown Road. He said Zetterstrom commented that this would be a safe entrance for both properties. Bohl talked about the ponding issue on lot 4. Mabusth asked If the NURP pond could be moved further north. Bohl said it could probably move to lot 3. He said the neighbor to the southeast comer of the property has asked about the possibility of Bohl selling a small portion of the property to the neighbor for an extension of their lot. If Bohl did not sell them that portion of the property and moved the lot lines, it would be possible to meet the two-acre minimum for lot 4. White asked about the topography of the site. Bohl said the perimeter of the southerly portion is pasture land. The exception piece on the west and the southeast portion are wooded. The northerly portion of the property Is dense woods except for the wetland. White asked the purpose of the outlet attached to the cul-de-sac. Bohl said the outlet is the driveway access for lot 2. Van Zomeren said she wanted to point out the outlet and find out if that was acceptable rather than having lot 2 on the cul-de-sac. She said lot 2 is a through lot because it could have access on Willow. Mabusth said the zoning code has a section that deals with the creation of the private driveway outlets having to do with the topography, saving a wooded area, or something physical and unique to the land. Bohl said it would be nearly impossible to grade in a driveway from Willow because of the topography. Mabusth commented that all of the tots could be considered through lots, which means a conditional use permit would be required every time someone put up an accessory structure. Hawn questioned the location of the septic sites because some of them are close to each other. Bohl stated that on lots 2, 3, and 4, the septic sites would be typical drainfields because the soil for these three lots is sand. The other lots would have typical mound systems. Mabusth stated that the lot area for lot 4 will be a concern. Bohl stated he does not need to purchase that property. He said the home on that property is in need of repair. Using that property for the access would make the access more visually appealing. Bohl said if he doesnl buy that property and someone else buys it In the future, they would need a variance for the lot area. He said there is a gas tank buried on the property, but it can be cleaned up. White said there would be advantages if Bohl took possession of the tax forfeited property. White said taxes would be paid on it and it would be kept dean. Mabusth asked if Bohl would share the driveway on King Street with the property owner to the north. Bohl described the grading plan for the driveway. Page 14 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 (010) 02450 BOHLAND DEVELOPMENT COMPANY, HAVINQ AN INTEREST IN 1026 BROWN ROAD SOUTH (PID 010^1 17-23-24 ‘0001) ■ Continued Mabusth asked about the City's Interest in maintaining King Street as a public road. She asked if the northern property owner and the southern property owner would share it if it was vacated. Van Zomeren said the County would have to research it to see who is the fee owner. Typically, It's 50-50. White asked if Bohl has developed any other areas in Orono. Bohl said this is his first project in Orono. He is involved in developments in Independence and Wayzata. White asked if Bohl has ever been sued for non-performance. Bohl said no. Hawn said it would be difficult to approve a plan that did not meet the minimum tot size requirement. Mabusth said she would like to see the King Street access improved. Gaffron said that topography maps are needed for the King Street area. Robert Wiens. 2170 Shevlin Drive, said he lives on the property located to the north. He would like the developer to comply with the two-acre minimum requirement. He said he is also concerned about further subdivision of lot 1. Bohl questioned the need for a conditional use permit for grading. Van Zomeren replied that it depends on how much land alteration will be done. She said it is based on cubic yards. PLANNING COMMISSION COMMENTS (#11) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON JANUARY 25.1999 AND FEBRUARY 8.1999 None. (#12) OTHER ISSUES FOR DISCUSSION Hawn thanked Mabusth and White for serving as alternate members to the Planning Commission. Mayor Gabriel Jabbour stated he was concerned about attendance of the Planning Commission members. He complimented the Commission members on the way they facilitated the meeting and he encouraged them to send items to the City Council with strong recommendations. He said he would like to see leadership from the Planning Commission on housing for the elderly. (#13) PLANNING COMMISSION APPROVAL OF MINUTES FOR JANUARY 19,1999 Hawn moved, McMillan seconded, to table the minutes of the January 19,1999 Regular Planning Commission meeting. VOTE: Ayes 4, Nays 0. Page 15 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 16,1999 (#14) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON FEBRUARY 22,1999 AND MARCH 8,1999 February 22,1999 - Elizabeth Hawn March 8,1999 - Uli McMillan ADJOURNMENT McMillan moved, Mabusth seconded, to adjourn the meeting at 9:50 p.m. VOTE: Ayes 4, Nays 0. Elizabeth T. Hawn, Acting Chair