Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
03-10-1997 Council Packet
* * NOTE EARLY START TIME * * AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 10, 1997, 6:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near^ sign in sheet. 6: 30 p.in. ROLL CALL 1 . INTERVIEW OF PARK COMMISSION CANDIDATES 2. CONSENT AGENDA Cdf/i io i99r APPROVAL OF MINUTES * 3. Special Meeting of February 20, 1997 * 4. Regular Meeting of February 24, 1997 PARK C0MMI.SS10N COMMENTS - Andrew McDermott Representative PLANNING COMMISSION COMMENTS - Elizabeth Hawn Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) 8:00 P.M. PUBLIC HEARING 5. Bay Ridge & Hartwood Neighborhoods - Sanitary Sewer Installation Project - Resolution 8:15 P.M. PUBLIC HEARING 6. Bracketts Point Neighborhood - Sanitary Sewer Installation Project - Resolution ZONING ADMINISTRATOR'S REPORT 7. #2202 County Road 15 Reconstruction - Variance/CUP - Approval Resolution #2206 Elaine & Steve Silus, 3235 Casco Circle - Variance - Resolution #2210 Kent E. & Susan Swanson, 3229B Casco Circle - Variance - Resolution ‘ 10. #2187 Donald & Robin Helgager, 3625 Sixth Avenue North - Variances/CUP - Recommendation for Denial MAYOR/COUNCIL REPORT 11. Interim Library Service During Improvements to the Ridgedale Library 12. Sewer Capacity/Sewer Availability in the Highway 12 Area ENGINEER REPORT I * * NOTE EARLY START TIME * * AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 10, 1997, 6:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT 13. Telecommunications Policy Statement 14. Ordinance Amendment Related to Telecommunications Towers & Antennas ^15. Tax Forfeit Property - Release to Adjacent Owner - Resolution 16. Adoption of Trail System Plan - Resolution 17. Jeanne Mabusth Retirement - Resolution 18. Westonka Senior Center - Update Regarding New Building Plans 19. Contribution to Mound Fire Department for Enhanced Vision Camera * 20. Establish Spring Clean Up Days & Times CITY ATTORNEY'S REPORT 21. Harbor Limits Ordinance - Progress Update 24. Request for Executive Session (♦17.)LICENSES (*18.)BILLS H.R.A. MEETING UPCOMING ISSUES AND EVENTS 03/10 03/17 03/19 03/24 04/07 04/14 04/21 04/23 04/28 Council meeting 7:00 p.m. Planning Commission 7:00 p.m. Town Meeting - County Commissioner Penny Steele 7-9 p.m. Council meeting 7:00 p.m. Park Commission 7:15 p.m. Council meeting 7:00 p.m. Planning Commission 7:00 p.m. Board of Review meeting 7:00 p.m. Council meeting 7:00 p.m. ... . - 1 Public A ttendance Meeting D ate ^'10 - ^ C ouncil Planning C ommission Park C ommission Other Please hll out the information REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 6. 7.. 8. 9. 10.. 11.. 12. 13. 14. 15._ 091199.4 O0(4 ^•4/? REQUEST FOR COUNCIL ACTION ^0 ^iry, l9Sf DATE: March 7, ITEM NO.: Department Approval: Name Ronald J. Moorsc Title City Administrator Administrator Reviewed:Agenda Section: Item Description: Park Commission Candidate Interviews The City currently has two vacant positions on the Park Commission. The City has received applications from thirteen residents interested in serving on the Park Commission. Letters were sent to all of the candidates requesting them to contact the City to schedule a specific inter/iew time at the March 10 Council meeting. As of noon on Friday, March 7, seven candidates have been scheduled for interviews. Their applications are attached along with a set of interview questions and rating forms. Three candidates have indicated they are not available on March 10 but would like to schedule an interview at another time. These are: Rick Stoddard, Greg Ehalt and James Berg. Three of the candidates did not respond to schedule an interview. The Council may want to schedule interviews for the three candidates who had a conflict with the March 10 date at the beginning of the March 24 Council meeting. i I iI APPLICATION FOR CITIZEN ADVISORY COMMISSION RECEIVED FEB 1 R 1997 GlTYof ORONO Municipal Offices Ui I V OF OROfJfibet Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Commission Applying For: [ZfVarks Commission □ Planning Commission □ Community Task Force (Name)___________________________ Name V.1 Address 5S \Ji h>rnJ^ Post Office & Zip Code / Telephone (H) ^7^^ /(o J ^______(W) Resident of Orono years Work Experience: Education: nocK'forcl^ ^A'S'T ^ / /A S. Colk^e, of UtM kr\r^ UaJU ^ ZT.O^. (^o ojc.fx>rcl Co I(-g^ <e____/^,S, ^uSr ^-e-ss A^/hin/a~r^ Civic and Volunteer A»^tiv:ties (past and present): (LLct h /\dp !s> tn LcLkt. CJT Tf'ff evR-/ ,c^c( /<1,‘»ne.fv^Kci. STnUiron i 0/Zo/\o SaSe-bauU /It^roC.. O.S A IaJi'Hi O^O/Jo SOf^TtSA-C^ . Ofi.0*no yovi-Hn Asset:/^fo^S as a. Ci>c»-c^l\ Telephone (612) 473-7357 • FAX 473-0510 'fit . Please state your reasons for wanting to serve on this Commission. {P/ease be as specific as possible. Use additional sheet if necessary.) /CccJ CUtc/ |-,Y aL.^^.9^ What Is your vievvr of the role of the Commission? ua^ '^-o<^j . j! e^ ‘'‘7^^/ . , tAnX'fuft^ What Is your V^ /y^Cc-n c*-C yVcr Ayiu,^ f-c ___/SrTzt- y^ ¥^. g/, c ^ /1 c __________________ ^AUr^y0^.i^^<ly, /f‘C'Xyry<3 <f7^ -TU^jy^ .X J=CU^~Ayi^ Other Cfemmedts: (t/se fA»/s s/^ce to include any further information you wduld like the City Council to consider, or that you fee! is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) V y Ay^y .y'y\~y /az V — t'naJ^yv^ y- 3-t^ A. I understand this appointment may be discussed at a public meeting. IU-yuA <x^ DateSignature NOTE: Volunteer commission member's nan ’\ address and phone number will become public information. I 040696.2 VAN D. ERICKSON 55 Golden View Drive Long Lake. MN 55356 (612) 475-1615 (home) (612) 404-1509 (office) Sales and Mzinagement professional with a proven track record. Achieved profitable results with sales people and major accounts through effective planning, customer relations and team building. PROFESSIONAL EXPERIENCE Achievements Achievements Achievements EDUCATION ACTIVITIES Kuljetti Print Systems, Minneapolis. MN. October 1995 to Present Major Account Manager: Document Management Services • Worked with account executives to develop new major accounts. • Develop and maintain strong customer relations. • Created or assisted In designing marketing materials • Initiated Kuljettl's Promotional an J Ad Speciality division. Pitney Bowes Facsimile Systems, Stratford, CT. August 1993 to September 1995 Branch Manager, Minneapolis Office • Responsibilities Involved developing and executing sales, marketing and budget plans that resulted In Increased profitability to the company. • Managed six sales people, two administrative, one mairketing and oversaw supervision of three local service people. • Responsible for new major account growth and net new unit placements in five- state area. • Worked closely with sales people to develop their skills and their territories. • Selected Bramch Manager of the Year In Midwestern Region In 1994. • Awzirded Classic Sales Trip for top sales people and managers in 1994 (top 10%). • 1994 was best year for total sales, profitability and net new units in Minneapolis Branch history, (through August 1995. branch was 100% YTD). • Signed Cargill. Inc. to a three-year agreement for all of their facsimile hardware. Pitney Bowes FacsimUe Systems, Stratford, CT. May 1988 to August 1993 National Account Manager, Salt Lake City. UT • Responsible for new major account growth. profitabiliW and net new unit placements in five-state area. • Responsible for malntencince and growth of exlsUng accounts. • Awarded #1 sales person in the Northwest Region in 1990. 1991 and 1992. • Awarded Classic Szdes Trip for top sales people for 1990. 1991. 1992. and 1993. • Headed-up major account team that was responsible for closing single largest, order In company's history. 1000 units to U.S. West. 1990. • Promoted to Branch Manager In Minneapolis. MN. August 1993. Noxell Corporation, Huntsville. MD, December 1984 to May 1988 'territory Manager, 8alt Lake City. UT • Sold to key accounts and distributors In four-state area. Msuiaged territory, projected sales, budgeted co-op dollars and created promotional programs and advertisements. • Increased revenue, profitability and unit placement each year over previous year. • Awarded #1 Territory Manager for highest percentage of increased sales. 1936 - 1987. • Awarded #1 Territory Manager for most new accounts opened. 1986 - 1987 Bachelor of Science - Business Administration. 1984 Rockford College. Rockibrd. IL • Financed 75% of college education. Member of Minneapolis Rotary' Club #9 • .Active In Youth E.xchange committee. • Volunteer Teacher for Junior Achievement Elementary School Program Board of Directors - Lake Minnetonka Environmental School Board Member - Orono Baseball Association Active in Orono Youth Athletic Association as a coach and fundraiser REFERENCES Pronded upon request. 12/02/96 08:58 FAX 612 379 4679 TRI-TECH ELECTRO 0001 APPLICATION FOR CITIZEN ADVISORY COMMISSION .^o o w ^ • • V- 1. *V •>’ Vi *•. V- -»v> V:.% A'- % *. GITYof ORONO Municipal Offices Street Address; 2750 Kelley Parkway Orono. MN 55356 Maillni Address: P.O. Box 66 Crystal Bay. MN 55323 0065 Commission Applying For: Q Parks Commission □ Planning Commission D Community Task Force (Name)___ ___ Name Sh'gllv r. 1 1 1 P^yn ■: gf Address 3490 Birch Lane Post Office & Zip Code Orono, MN 55391 Telephone {H) 612/471-7255 (W) 612/379-4407 Resident of Orono years. Work Experience: Employed as a fcookrlceeper for a commercial electrical contractor. Pieviously vorked ii years for a cornmprcial general contractor. Education: ____Graduate of Rohbinr^na I «=>-rn<->n^r <;r-nnn’> . Pa Fn-riicS from the University of Minnesota/ continuing education courses in Accounting and computer software and hardware. Civic and Vol»*»^tfc r Activities (past and present); none Telephone (612) 473-7357 • FAX 4734)510 12'02/96 0S:5S FAX 612 379 4679 TRI-TECH ELECTRC 0002 Please state your reasons for wanting to serve on this Commission. [Please be as specific as passible. Use additional sheet if necessary.) T vent to pr neea, ■geveloamerrn“^?r^!^J!! control relentless planned grouch Into the 2li^t "cr n^'n-n rnnrrni Ifs create and maintain*flxistinCT ^ see Orono 'someone who can listen to 7 u r^aes can stand baci:;-and aiiide th'-ni.^h rn ^ ***"*• 't takes someone who——---------------------- PM^a.guiae ttiroucTh thoroucrh . we'll thoua'vi-- r^„► -i and more importantly, reasonable strategy,- ^ ----aiacai _long term goals c the City or o,.no. ' What is your view of the roIeVthe^Commis^^^^^ - ^ believe that the mitt, diligence. Tha romn'’siion noJ/qar Z----C ------^-on ,-;hnu4d -bo or,o of 21st Century qrowth ‘stra-eav “^^h^^.. into account the long terra-■ ..-------^----£ ■? ° cn ..tra.eg/, xv-hi le remerabering our resources are rini*t0, Any QGcisions: thcitr w © riairip for generations to cone. Th? conns'ettor,^ lasting ramification ■ city council provlai.. ^ should work closely .H ^2, the strategy that loo.t:s to the^future^^^ thinking, and guidance to formulat Other Comments: [Use this space to indude any further information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may elso attach other materials you would like the Council to consider.) -J.pr>,?c>red livincT in Oropo nnri t t.ranp f-,., .. .k a... j in wO the next ^ '• o 1 1. ‘ n’-e.^ropoiitan area is experiencing extraordin demancs on it's limited natural rsso.,,-r». ^ ....... __________ , r'hfvr.‘^rr^‘o«^-”‘“ century and beyond. stiong sense or conraunity and have a Strong desire to b« •" I‘T .. in_marlng the right do clsions not only for the ourr^.r I understand this appomtm/n^t^may'he IPscusso5'aV a pa^id^m^l^?iha. * 2 Decemhor I9Qfi D«te NOTE:Volunteer commission member's name, address and phone number Will become public information. C-»3dff .2 APPLICATION FOR CITIZEN ADVISORY COMMISSION GlTYofORONO : r I Municipal Offices Street Address: 2750 Kelley Parkway Orono. MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 Commission Applying For: ^ Parks Commission □ Planning Commission □ Community Task Force (Name)__________________________ Name 5i llogf^ Address CO<3^~V~ Post Office & Zip Code Oromo 5b 3^ M Telephone (H)(W) Resident of Orono “7 years Work Experience: Poiki^Wg:- VA c .(>>«=.<^(5»r \Aoo<5'~^LQgl V Pu .\d \\<t- Qj^\ <g.Vv:?o5 (\A«r.Q«£: r Qg Education: ZEncXgyc^rvA on'V lC<=<=o$ (Ao\\jgc3.\^Q\'^ v)oW rC^fc:V>-^ CA*=-''g3^t2<~ S ^ ~~T rrVcs.f f\’=-'VrTt^o*-" ^ ^ LA a V vg ("Si\~^ Civic and Volunteer Activities (past and present): LOCS-y CV^<=(pV<g.y^ r^ir>f\<5SC:>V*^ L*^rNC^ "“^VVAS't" A c^mUV:)^^ LU\Kc^^r \-oc<az\^ p\<-/\ng M L^fYNiz r Ot*-S VOO^r<^S . \f>.c~Av->>^g3v\ Telephone (612) 473-7357 • FAX 473-0510 Please state your reasons for wanting to serve on this Commissior;. {Please be as specific as possible. Use additional sheet if necessary.) JZ verL^ c::^e<pp(v-| OfOAo )rec (g<.-Vv"b ( r g .so ca^-q? c -fo ^ ^ o g pcsr ‘0(m^( d\4\-^V=. ^vA.\c?U<^ 5p<-CgS 'L ’SpOr-j-S V rec:-r<g<:;-V-i'^\n«=^i ApVChY^^ -Tor C\\‘\'2.er\s cj( rc<;.^on<lc?ig </^r>o-^o-V o>peo ^ncK ______ <>€nS^V\Me Hl<?o <pI r^ort^g-rN V “Vo O<Dr»0G gr . What is your view of the role of the Commission? To Ser ’Qg -f-Vg Ci-y^ Co^r^o'l\ (o> HI<pc\^Tdo Or><;iC\r\g -^0 ~W<s> p<ri^S.______ Other Comments: {Use this space to include any further information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) I understand this appointment may be discussed at a public meeting. Date ••NOTE: Volunteer commission member's name, address and phone number will become public information. 040896.2 APPLICATION FOR CITIZEN ADVISORY COMMISSION 'I .-n i • RECEIVED GITYofORONO NO'> • .•». J, J / FEB 61997 Street Address: CITY OF OHOMO 2^50 Kelley Parkway Orono, MN 55356 Municipal Offices Maiiing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Commission Applying For: ^Parks Commission □ Planning Commission □ Community Task Force (Name)_________________________ Name Addres s ^ n Post Office & Zip Code U m{\AC T(1a. 5s5^1^/ Telephone (H) Resident of Orono rk Experience: years (-prh fti/m lljp.-^Qp.rvfrhn^/. uY\ r^4f A /krJy{:i7ThS’’- /)Wim Education: Cpm^ifl-pr^TiTinyi;^ faiir^S^Yind'usl ^W^ dlltcrfb. ^Serrirtrjfiai Tfliir^:?:^'K^ifmv IpL0 ^ ^ Civic and Volun);§er Ac^vities (p^and present): ‘ JK 'flock \ki .. ...................0^7 • f •w;Wfl^7i)!-y?^urSr^ rir/h:d^Lr'CCTitlA )rffl\n J)iarF -1^Wr4kst4,^n^-/cl^,^^ >F Please state your reasons for wanting to serve on this Commission. [Please be as specific as possible. Use additional sheet if necessary.! .iifi.sK;~4r> |-)P-n n rn4i\r^ Co^ytMli\L J^ApMoi mrP imHi a mombfA nf a W/iWien. -D.rtjrn.j- rA-tmm tiuii'lJwi rfiirNf- bj>ftoiA^rfe( mtilrl rdrt^rihH-J 4n r^Vn#l/Qaiyi lrfi> ,o 4/lrv iv\nirjtfr^r/l rfftH(M),T,Sfr7iA .a 0 What is your view of the role of the Commission? U- lni>lgje\rP. a as^vfyl' yVTi:Vr\ia\^ rmd 74s irU^Sl* Other Comments: [Use this space to include any further information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) I unders ^his appointment may be discussed at a public meeting. tsm NOTE:VolunteerXommission member's name, address and phone number will become public information. 040896.2 February 14,1997 City of Orono Council Members and Commissioners P.O. Box 66 Crystal Bay, MN. 55323-0066 To Whom it many concern; We write to you with recommendation of Patricia Affeldt for her application to the Park Commission. We have known Patricia through our work together in the Saga Hill Preservation Society and through our common membership at Fairview Covenant Church. We find her to be a very honest person with great integrity and determination for completing tasks and projects. Her love of the community shows in the interest she has taken in it, and I think the Park Commission would benefit greatly by her involvement. Patricia is reliable, caring, dedicated and responsible. I support and recormnend her desires to serve on the Park Commission. Sincerely, VVl T-i cw^ Brian and Mamie Peterson 1100 North Shore Drive West Orono, MN 55364 received FEB 1 a W97 CITY OF ORONO L RECEIVED FEB 1 91997 CITYOFORONO Febmaiy 17,1997 The City oi Orono Council Members and Commissioners P.O. Box 66 Crystal Bay. MN 55323-0066 Dear Council Members and Commissioners: This letter is to offer Pat^ Affeldt as an excellent candidate for the position of Orono Park Commisioner. Ms. Affeldt has been an active member of her community for 4 years. She combines her love for the Orono area with leadership skills, large group organization e.xperience and the skill of being a good listener. Ms. Affeldt’s talents were most recently honed in dealing with the Saga Hills project. Surrounding neighborhoods were organized, funds were gathered and difBcult objectives were completed. Her skills as a team player and a self motivated organizer gained her the respect of all involved. Please consider Ms. Affeldt as veiy worthy candidate and one who will be a great asset to the Orono Park Commission. Sincerely, Robin Helgager 3265 County Road 6 Long Lake, MN 55356 475-1022 Orono Resident for 10 years iI i .• f* ^tun:dp3l OCces PortOfCceBoxW • Crjltal Bar, Mirwesota £2j23-00W . CHYOP 0R3NO telephone -4W-73S7 • EOC-473-0510 SEBU'^^ - W------ application for citizen advisory commissions ___na '2 f719S5 Commission Applying For; Parks Commission Planning Commission □ Community Task Force (Name) Name ‘RICHARD p. MEYERS_ Address 2195 Bayvi^w Place. Ororv % jTi post office & Zip Code ------55391-9 ,546 4 Telephone (H)471-8288 (W) 348-6589 .AResident of Orono ____1-------- - . Urban Studies----------------------------------------------------- ^ • • Civic and voxuntees Activities (past and rhn1~—" rhf rnuans Advisory • Member ot the planning ccaaltte^Ce- - - - - - - -—^ liidESfisaufiititi ••• • •% • ;xease s.3.e you. -.ons --^9 -/^a (Please be as speci ' ?"rnr”bvof service co »y coe^unicv-.- 1 have a llfelon. incerest In conservetioo ...... .enc CO help e^ce preserve Orono's gualiCY »< life. Perk plennlng - - - -^ ! c„;. a*snPrations. I want to help develop,^,is my .avocation and my legacy for future generations- - - - - - -- ^ SfiO^gfa&dffRIing and system for Orono • . role of the Conmission?What is your view of the r uard nf th ■ _ ^ nf'inde aoy further other Comments: . (Use Council to consider# or. that knowledrr nf nrono. r spent ;ea --------------- ZZTTZve 77 r Ilii- ’-'- ■"-- ■'sisnas- vrroundlng coismunltle.s.---------- .h^rouch knowipHire of the la ,_1-------------------- • ' five vears ' cihie for an ^ arrest warran^s^ ■- rhe Sheriffs Deputy rpsponstb-ej--------^-------1- ■ ~ ...................... alsoyocrprp Wennei „eve i...i - .^.enred thr thaLjtemo . 4C anrl T pnn1 l1 ----“ • . provides. I ae an avid ^‘^rio^Uvftrd'Urire^f X -ay .be aiscussea at a , . . meeting- 07. 1IL5S. Date r I APPLICATION FOR CITIZEN ADVISORY COMMISSION GlTYofORONO Municipal Ofnces Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 Commission Applying For: @ Parks Commission □ Planning Commission □ Community Task Force (Name)_________ Name 'Jon m / i Address Akj^cy>i^S.r /S/ Post Office & Zip Code iA^a. y "Z-dL 3 9/ I 4 Telephone (H) 4^7 ^/ 9 f Resident of Orono <P~ (W) years. Work Experience:orK experience: ejue.J/ ^ f^cSec C- Fn^J^ f>'?cjyL) 4 f F Cdwjier\ ^ Education: -^7^/ TTfCti'fa^ 4<sry /?Ctr<y^h'KV ^ s~f~ ’7Z^}>IC\^ M)JU / (/ Y Civic and Volunteer Activities (past and present): PfLeWce. //f7c-J(ey Cdac.lry ^ Telephone (612) 473-7357 • FAX 473-0510 Please state your reasons for wanting to serve on this Commission. (Please be as specific as possibie. Use additional sheet if necessary.) /iai/d. a "Fc 7^ -(^r e c. 7^/£/J ‘Vy, / What is your view of the role of the Commission? ; 75 ma Sure 'f^e. ^//y T are wt’i/i^'erJ ^or /iJf "the __________ Other Comments: (Use this space to include any further information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) I understand this appointment may be discussed at a public meeting. A - //- 77 Data NOTE: Volunteer commission member's name, address and phone number will become public information. 040896.2 •k •' • • .• • rf /OO'i // I • • xy-J-T'y '-•Xy/^-Z •‘-•*Jr,te 4S7 hh Munfcpal C2Sccs -------------------- 1 2 1995 j.3O£.IcaT10!I FOR CITIZEII ADVISOSr COMMISSIONS Coraission Applyi"? n Parks Co-nission 2I rlanninc Coimission __j cotnir.unity ask Force (Nane) — Name , 'RoNAj/ALSgH. £-A%cO pOfljTJSaflS Address _ ^ -------------------- post Office s Zip Telep*^®*^® Resident of Orono (W)sHO-m^_- work Experience:ressA^:.^dl£n£Md AWjs^ZtLfcS-^ go££fL aJ-- ' nio Education ('r/-)t\elWuC^_ ri-P $t: s-tOk£ • •• __^ Civic and volunteer Activities (past and prese % • • ' ‘X.* ^ «:«>rve on this Commission 5le.se state your Ose acditional sheet if (Please be as speci ^ Secessary.) _ j___Ct'fy. •T iw/g. ’^H a ' c.7>//1/>C- //Vg fUSi v/d^-hfixl n^w'rds of the role of the Commission? What is your view ^ <Jl( P/V^tCS lA^ TS ^ /-* ^ //'7 ^ ^ z'/ —; T^.-. .,^ff z?i< ryvsord^dhs \ja^\ I # * i ^ ^ d.-VfiT^e ^rl^sSce to .i-l“//„,fae^./o"r'\h:i Other Jould like the “’^j^t^Tou ere seeking. ®g jSfSS"ls lil^e the Councxl also attacn consider.) _ ^ f,,- t '' -------------- Cits. ronsxa«i-/ r^ij,+n^ ~t^A.' I. In fl/1/11<- -r > I VA l/~Ic — Tlv^(r\^dOJlC (Jr 1 understand this appointment may be meetiu9* discussed at a pabli sim Har iO MINUTES OF THE SPECIAL COUNCIL MEETING HELD FEBRUARY 20,199'' ROLL The Orono City Council met on the above date with the following members present: Mayor Gabriel Jabbour, Councilmembers J. Diann Goetten, Barbara Peterson and Richard Flint. Councilmember Charles Kelley was absent. The following represented City staff: City Administrator Ron Moorse, Assistant Planning and Zoning Administrator Michael Gaffron, Planner/Zoning Administrator Liz Van Zomeren, Director of Public Services Greg Gappa, City Attorney Tom Radio and Recorder Lin Vee. City Engineer Shawn Gustafson was also present. The meeting was called to order by Mayor Jabbour at 8:00 a.m. Mayor Jabbour stated this meeting is a continuation of discussion from the February 10, 1997 Council meeting regarding approval of the EAW for the Spring Hill Golf Course. The meeting is to identify any additional envirorunental issues or concerns that should be included in the EAW as well as to make any changes or corrections to the language in the EAW. Gaffron noted that the EAW process is concurrent with the City's review process for variance and conditional use approvals. Moorse referred to the memo dated February 18, 1997 regarding staff suggestions for potential changes or additions to the EAW. The applicants noted they were basically in agreement with the memo. Items to be changed were discussed as follows: 1.Big Woods. An area of 43 acres of a big w'oods remnant is involved in the project. It is relatively close to tw'o other big woods areas. Wolsfeld Woods is approximately 3/8 mile away and Wood Rill is approximately 3/4 mile away. Before and after acreages of the big woods should be included. 50.3% of the big woods will remain with 49.7% being eliminated. A map showing the size of the area and proximity of the golf course compared to the Wolsfeld Woods and Wood Rill areas should also be attached. Goetten questioned moving fairways to leave more of the woods while considering the wetlands. The Gustafson memo refers to mitigating the impact on the big woods and should be considered somewhere in the process. Jabbour did not feel it should be in the EAW as other agencies may think this would happen when, in fact, mitigation may not be possible. Goetten thought including mitigation in the EAW would be appropriate as it is a concern to be addressed. Moorse noted the current EAW makes reference to limiting the impact and language could be added for potential items to consider, including the items noted in Gustafson's memo. MINUTES OF THE SPECIAL COUNCIL MEETING HELD FEBRUARY 20,1997 Jabbour exprest:c<i concern over reaction from the DNR regarding mitigation. He questioned the lawj Orono has in place to enforce mitigation and did not want the DNR to assume that Orono wuufd tale care of all mitigation. Gaffron noted that Orono ^ urreri^ly does not have a tree preservation ordinance. If one is adopted, it would not neceiji’irilv affect this project. He added that while Orono protects certain wetlands, the Watershed Dvstnet also has authority over wethtnds and would have a review process of their own. It was noted that the EAW is a factual document. Flint commented that the developer would be considering all possibilities during the 60 days allowed for review. Jabbour cautioned against confusing the EAW and permitting processes. He added that conceptual approval of the project does not mean that all variances requested would be granted. Flint added that any change to the current plan will have an impact somewhere else. Goetten expressed concern over the lack of verbiage in the document regarding the big woods and felt accurate detail of what exists should be included in the EAW. Tom Crosby, representing the applicant, noted the EAW has two functions: 1) to determine if an Environmental Impact Statement is needed, and 2) to determine whether the project can be modified. Modifications could be included as permitting conditions. Other organizations and private individuals could then come fonvard with ideas on how to modify the impact, including the City of Orono. The applicants stated they had no problem with any of the language in paragraph 1 of Moorse's memo. Although the wording may not be exactly the same, the context would not change. Other agencies are obligated to respond to the EAW, for some agencies it is mandatory. Gaffron suggested mitigation not be included in the EAW but become part of the conditional use permit/variance review process. Braman noted that a response must be given to all comments received after publication of the EAW. Jabbour stated that the applicant should be aware that Council, Planning and Park Commissions, as well as the community, will be looking for further mitigation of the big woods. Flint noted that the EAW already included comments that movement of animals through the area would not be impeded. He felt it should also be part of the CUP. minutes of the special council meeting HELD FEBRUARY 20,1997 2. Historical resources. Staff feels this concern has been addressed in the EAW. 3. 4. 5. 6. 7. Designated parks, recreation areas or trails. The EAW should indicate that Wolsfeld Woods and Wood Rill are located in close proximity to the golf course. This may be included as part of the big woods section. Trail plans should also be included for Orono, Medina and Hennepin County as they relate to the vicinity of the golf course. Braman noted that the answer to the question about trails and recreation areas in proximity to the site is "no", but a question such as "Are there any plans?" could be added. Flint felt Wolsfeld Woods should be considered as a recreational area in close proximity. Braman responded that Scientific Nature Areas are technically not considered recreation areas by the DNR. Jabbour noted the "spirit of Orono" is passive parks and therefore Orono would consider this a recreational area and requested this be changed in the EAW. Other unique resources. Yes, the existence of the 42 acre big woods remnant can be restated. Solid waste, hazardous waste and storage tanks. Additional information should be included about above ground storage tanks for the refueling area for golf course equipment. Detail will also be part of the City's review process. Impact on infrastructure and public ser\'ices. Moorse noted that although no major improvements such as sewer, water, new or expanded roads will be required, two roads may require potential significant repairs or major structural rehabilitation when traffic levels increase. Both Spring Hill Road and East Long Lake Boulevard are built on questionable soils and were built assuming low traffic levels. The fact that additional traffic will probably result in the need for repairs should be included in the EAW. The applicants agreed. Flint commented that the proposed access would encourage use of Spring Hill Road. The left turn off of County Road 6 should be considered. Crosby noted that most of the rush hour traffic is over by 8:00 a.m. and most of the traffic using the golf course will be after the morning rush hour. Current plans are to have golf play begin after 8:00 a.m. Jabbour commented that the City’s position has been that any additional impact on roads would be the applicant's responsibility. Traffic. Moorse referred to page 4 of his memo indicating traffic impacts, in terms of capacity, are not expected to be significant adding that the City Engineer has been reviewing the traffic impacts. Some recommendations made by Gustafson are that current and projected traffic volumes be included in the EAW, a left turn lane on County Road 6 be considered and further investigation of traffic levels is needed. The applicant noted that information on traffic levels is cunently included in the Appendix. MINUTES OF THE SPECIAL COUNCIL MEETING HELD FEBRUARY 20,1997 Gaffron noted that Hennepin County Department of Transportation will be reviewing the EAW and will also address the traffic issues. 8. 9. Gustafson added that the Tamarack and County Road 6 intersection is a safety consideration. There may need to be some safety improvements such as turn lanes. This should be part of the CUP review process. Flint requested that "no impact" be changed because there will be some impact. Braman responded that on page 15, the Conclusion does not say there will be "no" impact but that it is "not significant". Gustafson commented there was no discussion about safety. Moorse suggested wording that would include "no significant increase regarding capacity but the potential need for upgrades and safety improvements". Braman responded that other sections regarding infrastructure would refer to the issues of road quality and safety. Flint pointed out that Question 29 states that no improvements or additional infrastructure will be required off-site. Moorse responded there would be changes in the response. Braman noted that soil borings will be done to study the structural integrity of Spring Hill Road. Water quality - wetlands. Moorse questioned changes that could happen to the wetlands. He felt the applicant had responded adequately, and the agencies reviewing the EAW will have enough information provided in the EAW. Water quality - use of pesticides. Moorse suggested the Pest Management Plan be included in the EAW but questioned how much detail was neccssar>'. Braman commented the reviewing agencies would understand the Integrated Pest Management practices and would not need further description. This plan describes the process of when chemicals are applied. Since the EAW is also »o put the public on notice, it might be beneficial to include a brief description of Pest Management practices. Goetten questioned how citizens w ould get a copy of the EAW. Gaffron responded that the project proposers would be providing numerous copies to the City and libraries. Citizens could check out a copy from the City offices for a short period of time. Flint suggested that Long Lake water quality information be added. Braman responded that the Sum.nary describes water as it currently hits the site and as it is projected to leave the site. Flint added that since 1992 the water quality has been substantially improved and the i* MINUTES OF THE SPECIAL COUNCIL MEETING HELD FEBRUARY 20,1997 latest data should be included. Braman commented that Long Lake is essentially outside the study area however, water is sent down to Long Lake which is why it is included in the water quality evaluations. Flint noted the public has spent a lot of money on this project, $2.2 million, and will want to be sure water flows are consistent with other areas. City Attorney Radio made the following recommendations for changes: 1.Page 3, Paragraph 9 - "in accordance with the City of Orono's Comprehensive Development plan" is true but rest of sentence should be omitted as the City is not in a position to make that statement. 2. 3. Pages 14-16 “ Traffic area needs to be reworked. Page 15, Question 25 - "Construction activities are not expected to generate unusual or excessive volumes of noise." Compared to the tranquil setting that now exists, noise will be noticeable. "Construction" should be added before "noise". 4. Page 18, Question 30 - Last sentence should be removed. The City is not in a position to make that statement. 5.Summary Paragraph - First sentence should be removed. Add statements regarding concerns of big woods and mitigation. Jabbour asked for public comments. Dick Krueger, 1175 Willowbrook Drive, questioned the detention pond planned to the north of his property. A dike is to be placed to back up 1-1 Vz of water. He feels the wetland character vsrill be altered and w'ill be significantly drier after the dike is in place. Jabbour asked Radio about public comments once the EAW is published. Radio responded that comments would be solicited and submitted to the City. Then there will be a public hearing by the City Council to determine whether an EIS will be necessary. The public will have an opportunity to give input after the EAW is published and during the permitting process. Krueger asked how he and others like himself are made aware of all the meetings regarding the golf course. Jabbour responded that adjacent owners are typically notified of the first public hearing as well as any continuations. After that, interested parties have some responsibility in following meetings as they are scheduled. However, he felt in large projects more notifications would be appropriate. Gaffron added there would be a press release as part of the distribution of the EAW. MINUTES OF THE SPECIAL COUNCIL MEETING HELD FEBRUARY 20,1997 Moorse stated the Council agendas are now published in the paper. Goctten commented that the next newsletter should also have information regarding the golf course. Notices of all public meetings are posted at City Hall and the post offices. Krueger was also concerned about the process of tree removal as the golf course is constructed. Oak wilt has been a problem in some areas and he stated that the period from April - July is a dangerous time to cut and trim oak trees. He would like those involved with this project to be aware of the possibility of transmitting oak wilt. Liz Hawn, 625 Spring Hill Road, commented that she and her neighbors would prefer that Spring Hill Road not be made "too good" so as to limit speed and usage. Jabbour expressed concern over the business plan of the applicants. He asked how the City could control future expansions or change. Moorse responded that the conditional use permit will be reviewed as a private course and will list a number of conditions of approval. A second option would be requiring another EAW if significant changes were proposed, such as change to public use. Jabbour asked that it be noted that the City supports the proposal under current conditions. He was concerned that the applicants may find that their business plan does not work in a few years and would want to change the use. Braman agreed to expand the description to address this concern in the LAW. Gaffron explained that the EAW must be submitted to the EQB by March 3 to make the March 10 publication date. Flint staled he would prefer to vole on the changes after reviewing the final document. Jabbour suggested conceptually approving the changes and then Council members could review and respond individually if they did not agree with the language. Flint noted that they would not need to see the entire document again but only the first 20 pages. Goetten had additional questions. She requested an acreage breakdown be included of the Spring Hill Conference Cei.ter and the north area with jurisdictional boundaries of Orono and Medina. She also asked for clarification of "no winter activity". If there was any cross countiy skiing or use of the facility in the winter, it should be explained in this process. Crosby responded that the business plan is for a small, private golf club. He stated it would be conceivable to have a members' dinner at some time but no major winter activity is planned. Another concern Goetten noted was regarding the proposed tunnel under County Road 6 and if enough information was included in the EAW. Braman responded that all of the activity related to the tunnel would have to be approved by Hennepin County. Safety issues, traffic speeds, etc. are design issues and will be addressed by the County in their approval process. Gustafson added that a potential problem would be the closing of County Road 6 during actual construction. A detour would need to be provided. MINUTES OF THE SPECIAL COUNCIL MEETING HELD FEBRUARY 20,1997 Crosby stated that they would like to see this move forward and would not object to attending Monday's Council meeting. He suggested putting this on the agenda so it could legally be discussed at the meeting if necessary. Flint reiterated that he would like to see the final changes and the Council could have another special meeting in a week if necessary to give final approval. Braman stated the only changes to the Appendixes would be the addition of the map Moorse submitted and updating the water quality data. Moorse added that a notice would have to be published on Monday to hold another special Council meeting. If Councilmembers were able to approve the final version at the February 24 Council meeting, the special meeting could be cancelled. Jabbour informed Councilmembers that he would be unavailable for meetings next week but a quorum would still exist for a meeting Friday morning, February 27. It was moved by Jabbour, seconded by Peterson, to conceptually approve the EAW, and to continue this item to the February 24 Council meeting, and to direct staff to make changes, with final approval after the document is reviewed by Council at the February 24 Council meeting, and to s chedule a special Council meeting for February 28 at 8:00 a.m. in case the EAW is not in acceptable form for approval at the February 24 meeting. Vote: 4 ayes, 0 nays. ADJOURNMENT The meeting adjourned at 9:41 a.m. Gabriel Jabbour, Mayor s MINUTES FOR FEBRUARY 24,1997 _ ' o ORONO CITY COUNCIL MEETING *%■,. // ROLL /9o> C*A The Council met on the above mentioned date with the following members present: Acting Mayor J. Diann Goetten, Council Members Charles Kelley, Barbara Peterson, and Richard Flint. Mayor Jabbour was absent. Representing Staff were Assistant Zoning and Planning Administrator Michael Gatfron, who acted as City Administrator, Planner/Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Glenn Cook, and Recorder Sherry Frost. Acting Mayor Goetten called the meeting to order at 7:00 p.m. (#1) 7:00 P.M. PUBLIC HEARING - OFF SALE NON-INTOXICATION MALT LIQUOR LICENSE - JOHN O’SULLIVAN AT 3340 SHORELINE DRIVE - 7:00- 7:03 P.M. The Affidavit of Publication was noted. The Applicant was present. Gaffron reported that the off-sale non-intoxicating malt liquor license is being applied for by John O'Sullivan for the new convenience store attached to the Culver's Restaurant. The store is located in the B-1 Zoning District. There are no specific standards required for this license. The police department has voiced no objection, and Staff recommends approval. O'Sullivan said the license is the same as the license held at his other convenience store location. There were no public comments. Kelley moved, Peterson seconded, to approve the application of John O'Sullivan for an off-sale non-intoxicating malt liquor license at 3340 Shoreline Drive. Vote: Ayes 4, Nays 0. (*W) CONSENT AGENDA Items #10 and 12 were added to the Consent Agenda. Kelley moved, Flint seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 24,1997 APPROVAL OF MINUTES (*#3) REGULAR MEETING OF FEBRUARY 10, 1997 Kelley moved, Flint seconded, to approve the Minutes of the Regular City Council Meeting of February 10, 1997. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS Commissioner White reviewed the activities being conducted by the Park Commission. He noted the Friends of the Park awards presented to Jason Christenson and the Saga Hill Preservation Society. White indicated the Commission has not found any definitive solution to the Saga Hill access issue but asks that the park land not be bisected by a roadway. White noted the City Engineer will be making recommendations regarding the building on site at Antoine Park. There are plans underway for a playground equipment upgrade. The Commission is continuing their update of the Park Inventory. White said he was investigating long range funding for park use. He passed out information on urban sprawl for the Council Members to review. PLANNING COMMISSION COMMENTS Sandra Smith had no comments at this time. Goetten noted that the Planning Commission and Council were also grappling with the issue of access for Saga Hill. PUBLIC COMMENTS John Serena, 4605 Watertown Road, asked for comment from the Council regarding the County Road 6 road improvements. He indicated the County staked out his property for clearing. It is his opinion that more area has been staked than what was planned. He is very concerned with the clearing of 12 mature trees, many of which are 75+ years old. Serena said he tried to obtain information on the clearing from both the State and County and was informed that the City had approved the layout. The road improvements are being made with State aid money by the County. Goetten informed Serena that the concern for trees had been voiced at the public hearings by other neighbors. She informed Serena that Staff would follow up on these concerns and report back to Serena. It was noted that staking of other areas began last week. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 24,1997 ^Public Comments - Continued) Flint indicated that the memo by Moorse reported that the concerns expressed by Serena have not yet been solved to his satisfaction. Flint questioned whether the amount of clearing that is being done is the amount required at that point. Flint would like Moorse to address the clearing against State Aid standards with the County. Cook indicated that the amount of clearing is generally 24' from the driving lane. Serena said he measured it to be about 24' but questioned where the roadway was being moved. Gaffron will present these concerns to Moorse for further review. ZONING ADMINISTRATOR’S REPORT i*U4) #2204 JAMES G. FULLERTON, HI., 3350 AND 3400 FOX STREET - CLASS HI PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT Application #2204 was requested to be tabled by the applicant. This motion was made as part of the Consent Agenda. Kelley moved, Flint seconded, to table Application #2204. Vote; Ayes 4, Nays 0. (#5) #2207 JONATHAN AND THERESA HOFER, 3339 CRYSTAL BAY ROAD - VARIANCES - RESOLUTION NO. 3847 The Applicants were present. Van Zomeren reported the application was heard before the Planning Commission at their February meeting. The applicants requested the application be heard before the Council at this meeting. The subject property is located in the LR-IC, Single Family Lakeshore Residential Zoning District requiring 1/2 acre lot size and is sewered. The variances requested are for lakeshore setback, average lakeshore setback, and hardcover in the 0- 75' and 75-250' setbacks. The lot is 6500 s.f in size. Van Zomeren noted the location of the property. She indicated Crystal Bay Road is a prescriptive easement requiring no front yard setback requirements. The structure is located in front of the average lakeshore setback. The applicants are proposing to build a 340 s.f second floor addition above the garage for a great room. The residence currently contains one bedroom and one bathroom. The improvement will enable the current living room to become two small bedrooms. Hardships include the large amount of blacktop for the driveway and road on the property, the limited lot size, the location of the 25' utility easement known as Hillside Place, and the nearby Dakota Rail Van Zomeren noted the presence of a neighbor at the Planning Commission meeting, who voiced his support for this improvement. The Planning Commission had unanimously recommended approval. The Applicant acknowledged receipt of the resolution and had no questions. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 24, 1997 (#5 - #2207 Jonathan and Theresa Hofer - Continued) Kelley moved, Peterson seconded, to approve Resolution No. 3847. Vote: Ayes 4, Nays MAYOR/COUNCIL REPORT Flint indicated a meeting is schedule for Thursday by the school districts for attendance by Park Commissions and Councils as well as by organized sports representatives to discuss contributions towards the school staff level personnel representing organized sports. The staff person will be present at the meeting. The Orono Park Commission had felt other cities involved should be represented. Flint was of the opinion that the function of this staff person should be broader based to include such areas as open space and trails. Flint said he sees the need at more of a regional level. Goetten noted that these meetings started in a breakfast format for Park, Planning, and Council members. Peterson noted the meetings extended to crime prevention personnel. Flint said he attended the last meeting along with a representative from Long Lake. He indicated the presence of many representatives of organized sports. He wanted the Council to be aware of the meeting and consider attending. Kelley brought the Council's attention to the report by the Fire Department. He is concerned over the large number of responses made by the department to false alarms. He questioned the costs incurred by the City for these calls and whether the residents are being charged for the calls. Goetten indicated the residents are fined on the third false call each year. Flint indicated the fine was $50. Kelley asked GafTron to investigate the matter to allow the Council to have an understanding of what does occur, who responds, and what charges are made. He noted these calls have increased 96%. Peterson said both the fire and police departments respond. Flint indicated certain sensors result in immediate response by these departments. Kelley said he is concerned with overtaxing the personnel. Gaffron said he will follow up on this issue. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 24,1997 ENGINEER REPORT “ “ (#6) FEASIBILITY REPORT - ORONO ICE ARENA WATER AND SEWER EXTENSION - ORDER PLANS AND SPECS - RESOLUTION NO. 3848 Gaffron reported that the resolution allows for acceptance of the feasibility report and for the plans and specifications to be ordered for the water and sewer extension to the Orono Ice Arena. Since the property owners have agreed to pay the full cost of the project, no public hearing or assessment hearing is required. Goetten voiced concern whether there will be enough sewer units available for the needs being created. She is concerned with the potential units required for the Highway 12 upgrade and for the school district. Cook said the concern depends on the magnitude of the projects. He felt there were 50 units available. Cook did not know what the needs would be for the school district. He indicated that the Department of Transportation will install the sewer in the Highway corridor, and the City may have to scramble until it is built. Kelley said this may not be the case if the sewer line goes dowtt Old Crystal Bay Road. Cook noted the possibility of tying in with Long Lake at North Brown Road. Kelley indicated there may be a need for sewer if the property on the southwest comer of Old Crystal Bay Road and Hwy 12 is rezoned to commercial. Cook suggested each application be reviewed as it comes in. He indicated the need to be fle.xible. Flint inquired about the sewer line connection north to Medina. Cook said the City has an agreement with Medina to connect to Medina's force main which discharges to the south. Kelley moved, Peterson seconded, to approve Resolution No. 3848 accepting the feasibility report for the Ice Arena water and sewer improvements and ordering the preparation of plans and specifications. Vote; Ayes 4, Nays 0. % (#7) REQUEST FOR PAYMENT #3 - LIFT STATION NO. 28 Gappa reported that the payment is for rehabilitation of the lift station. He indicated the lift station is now operational, and the public works personnel are being trained on its operation. Sodding is scheduled for spring. Flint moved, Kelley seconded, to approve Revised Pay Request #3 in the amount of $7,585.89 to Ford Construction Co. Vote: Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 24,1997 (#8) REQUEST FOR PAYMENT U3 AND FINAL - OLD CRYSTAL BAY ROAD WALKWAY Cook reported that the request is for final payment. Peterson asked why the cost of the project has increased 17%. Cook indicated the increase is a result of a change order for filling required on the Thompson property. The modification resulted from the inability to obtain an easement. Peterson moved, Flint seconded, to approve Third and Final Payment to Hardrives, Inc., in the amount of $12,059.77. Vote: Ayes 4, Nays 0. (#9) REQUEST FOR PAYMENT #4 AND FINAL - WILLOW DRIVE IMPROVEMENT Cook reported that the request is a result of a change order for the overlay of the northerly 3300' of Willow Drive. The road was scheduled for reconstruction but was moved back on the construction schedule. The overlay allows the current road's life e.xpectancy to be extended. Peterson moved, Kelley seconded, to approve Payment #4 to Buffalo Bituminous in the amount of $17,489.19. Vote: Ayes 4, Nays 0. (*#10) CHANGE ORDER #2 - LIFT STATION NO. 28 RENOVATION Kelley moved, Flint seconded, to approve Change Order No. 2, Lift Station No. 28 Renovation for $3,856.47 to Ford Construction Co. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT (#11) SPRING HILL GOLF CLUB EAW - APPROVE DOCUMENT FOR PUBLICATION Gaffron reported the EAW Document has been revised and the package includes a letter addressing the Council and Staff comments. The Applicant was represented by Tim Johnson, Tom Crosby, and Marshal Braman. Crosby indicated approval of the changes noted in the letter except for two words. Braman asked that the 4th paragraph quotation be changed from, "additional more recent water quality data" to "additional water quality data", which results in the deletion of the words, "more recent". The Council was in agreement with that change. Goetten expressed her appreciation for the diligence of the applicant and the resulting improved worksheet. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETLNG HELD ON FEBRUARY 24,1997 (#11 - Spring Hill Golf Club EAW - Continued) Flint asked what effect the non-profit classification has on the property. Crosby said the property is still on the tax roll. The profits are not taxed. Contributions are not tax deductible. Crosby indicated this classification is similar to that of Woodhill and Wayzata Country Clubs. Kelley moved, Peterson seconded, to approve the text of the Spr ig Hill Golf Club EAW with revisions as noted and direct Staff to forward the EAW to the Environmental Quality Board for publication and oroceed with the EAW process. Vote: Ayes 4, Nays 0. (*#12) CHANGE IN VACATION ACCRUAL LANGUAGE - POLICE OFFICER CONTRACT Kelley moved, Flint seconded, to approve amended contract language that provides for exceeding the vacation accrual maximum if needed for an approved extended vacation period. Vote: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT City Attorney Radio was not present. (*#I3) LICENSES Kelley moved, Flint seconded, to approve the following licenses: Vote: Ayes 4, Nays 0. Residential Kennel License: Malt Liquor (Beer) License: Colleen and Gabriel Jabbour 98.S Tonkawa Road Irwin Jacobs 1700 Shoreline Drive Patricia and Rene' Stemau 440 North Arm Drive Don Scherven Navarre Lanes 3435 Shoreline Drive (On and Off Sale) Grand Wenkstern Lakeview Golf of Orono, Inc. 405 North Arm Drive (On Sale) MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY ^4,1997 (Malt Liquor - Beer - Licenses - Continued) William Wear Orono Self Service 2160 Wayzata Boulevard (Off Sale) John O'Sullivan O’Sullivan's 3340 Shoreline Drive and 2420 Shadywood Road (Off Sale) Special Event Peimit Steven R. Bohl - Pillar Homes Spring Home Preview - Parade of Homes March 8-23 (*#I4) BILLS Kelley moved, Flint seconded, to approve Payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT Peterson moved, Kelley seconded, to adjourn at 7:43 p.m. Vote: Ayes 4, Nays 0. J. Diann Goetten, Acting Mayor ATTEST: Dorothy M. Hallin, City Clerk 8 I NOTICE OF MEETtNQ CITY or ORONO Notice is hereby given that the City kxincU of Ororx). Minnesota wiU hold a public earing in the Oror>o CDuncil Chambers. 780 Kelley Parkway, at 3:15 pm on Monday, larch 10.1997 to consider the installation of mnicipa] sanitary sewer trunks and iaterals ursuant to Minnesota Statutes. Sections 29.011 to 429.111. The area proposed to be ssessed for the improvement is generaliy nown as the "Brackens Point" area escribed as follows: The following property In Hennepin ounty. Minnesota: A. Lots 1.2.3.4.5. and 6. "N J. Stubbs irst Subrkvision In Lot No. 2. Section 11. Township 117, North Range 2T. B. That Part of Government Lot 2. Section 11. Township 117. North. Range 23 West, lying north of N.J. Stubbs First Subdivision and lying easterly of County Road No. 15 and southerly of channel running from Mud Lake to Lake Minnetonka. C. Lots 1. 2. 3. 4, 5. 6. 7. 8. 9. and 10, "Rearrangement of Orono Point." The properties proposed to be assessed are alternatively described by the following property identincation numbers: 11-117-23 23 0002 11-117-23 23 0008 11-117-23 23 0009 11-117-23 23 0010 atlon lepin. , says that he is The estlmaied cost of such publisher thipfovements is S424 789.00. Suctvpcrsons ai^cr MniinH as desire to be heard with reference to the iviuumu, proposed improvements wiU be heard at this g0 q| facts 11-117-23 32 0010 11-117-23 32 0017 11-117-23 32 0001 11-117-23 32 0018 11-117-23 32 0019 11-117-23 32 0020 11-117-23 33 0004 11-117-23 33 0005 11-117-23 33 0006 Dorothy M. Hailiri. Oty Clerk (Published in The Laker and Pioneer Feb. 22 and March 1,1997) ed With ail the ounamumivj L|ueiiifiCationS aS 3 qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. * B.) The printed Sanif.ary Spvai* Triinics T.af.oralg. "Rrarkphhs Point'* 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 Monday. thft 22 daynf February 1Q 97 ^ and was thereafter printed and published every Monday, to and including Monday, the__L_day of March 9 97 ; Authorized Agent Subscribed and sworn to me on this .19 41 By: nwttypttoiic KPISn HOLM I' .'“LK: - WNNESOTA I. . EXPIRES t-31-2000 Rale fniormaffon (1) Lowest classified rate paid by commercial users (or comparable space; Si2.20 per inch. (2) Maximum rate allowed by law (or above mailer; $12.20. (3) Rate actually charged lor above matter: S7.00 per inch. Each additional successive week; $5.05. rf >■ CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning constructton of sanitary sfwrr _________ TM PPAPTfP'T^'rg POTNT NF TrZHRHRHnnn -------------------------------------- was mailed to the attached list of property owners on Fohrnary p 1QQ7 • this In Witness Whereof, I have hereunto set my ha»d and seal 26tWay of ________February. 1997__________ r^thy allin, City Jlerk (SEAL) RUN DATE 02/20/97 BATCH 013 HEWIEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWJERS LIST .JREPORT NO. PIA35401 PAGE 1PROP ADDR ONNER NAME TAXPAYER NAtff/AOOR 3B 11-317-23 23 0002 01^75 SHORELINE DR 0 N A E A SCHMITT DOUGLAS R A ELLEN A SC^RUTT 1475 SHORELINE DR HAYZATA MN 55391 33 11-117-23 23 000801491 SHORELINE OR JA/4ET C KIERNAN JANET C KIERNA14 1491 SHORELINE DR HAYZATA MN 55391 38 11-117-23 23 000901489 SHORELINE DR E H DERINGAUSE ET AL ERIC H DERINGAUSE 1489 SHORELINE DR HAYZATA MN 55391 'f* PROP ADDR Olf4ER NAME TAXPAYER NAME/ADDR 38 11-117-23 23 0010 01487 SHORELINE OR R L HAADE AIL HAADE ROBERT L A IRIS L HAADE 1487 SHORELINE DR HAYZATA MN 55391 38 11-117-23 32 0001 01200 BRACKETTS POINT RD CORINNE GRIFFITH PILLSBURY CORINNE G PILLSBURY 4800 FIRST BANK PLACE MPLS MN 55402 38 11-117-23 32 0010 01265 BRACKETTS POINT RO MICHAEL E LYNN III A HIFE MICHAEL A JORJA LYNN III 1265 BRACKETTS POINT HAYZATA m 55391 PROP ADDR OHNER NAME TAXPAYER NAME/ADDR 38 11-117-23 32 0017 01300 BRACKETTS POINT RD GEORGE S PILLSBURY ET AL GEORGE S PILLSBURY 4800 FIRST BANK PLACE MPLS Hi 55402 38 11-117-23 32 0018 01220 BRACKETTS POINT RD ELLA P CROSBY ELLA P CROSBY 1220 BRACKETTS POINT RO HAYZATA MN 55391 38 11-117-23 32 0019 01280 BRACKETTS POINT RO JOHN S PILLSBURY JR ET AL JOHN S PILLSBURY JR 4800 FIRST BANK PLACE MPLS MN 55402 PROP ADDR OHNER NAME TAXPAYER NAME/ADDR 38 11-117-23 32 no20 01420 BRACKETTS INT RD JAMES R I MARY J JUNDT JAMES R & MARY J JUNDT 1400 BRACKETTS POINT RD HAYZATA MN 55391 38 11-117-23 33 0004 01450 BRACKETTS POINT RD MARTHA S & A LACHLAN REED M S REED A A L REED PO BOX 29677 MPLS MN 55429 38 11-117-23 33 0005 01480 BRACKETTS POINT RD R & L HEADRICK ROGER L A LYNN C HEADRICK 1480 BRACKETTS POINT RD HAYZATA MN 55391 PROP ADDR ONNER NAME TAXPAYER NAME/ADDR 38 11-117-23 33 0006 01500 BRACKETTS POINT RO MARTHA S A A LACHLAN REED MARTHA S A A UCHLAN REED PO BOX 29677 MPLS MN £5429 TOTAL BATCH 013 00013 NOTICE OF MEETING CITY OF ORONO Notice is hereby given that the City Council of Orono, Minnesota will hold a public hearing in the Orono Council Chambers. 2700 Kelley Padcway. at 0.-OO pm on Morxjay. March 10.1997 to consider the installation of municipal sanitary sewer trunks and laterals pursuant to Minnesota Statutes. Sections 429.011 to 429.111. The area proposed to be assessed for the improven>ents is generally known as the “Bayridge" and "Hartwoocr areas described as follows: The following property m Hennepin County. Minnesota: A. Tracts A. B. C. D, E. F, G. H, and I, Registered Land Survey No. 192. B. Lotsi.2.3.4.5.6and7,Hanwood. C. Commencing on the northwesterly line of the right-of-way of Great Northern Raitroad at a point 1.292.86 feet south along said right-of-way from north line of Lot 1. thence north 72 degrees 42.5 minutes west 341.8 feet ther>c6 south 73 degrees west 200 feet thence south 58 degrees 30 minutes west 99 feet thence south 4 degrees 28 minutes west 85.4 feet thence south 17 degrees 15 minutes east 232.5 feet thence south 17 degrees 15 minutes east 232.5 feet thence south 17 degrees 17.5 minutes west 122 feet thence south 72 degrees 42.5 minutes east 53.3 feet thence north 11 degrees 45 minutes east 188 feet thence north 44 degrees 20 minutes east 81 feet theiKe south 72 degrees 42.5 mimites east 75 feet thence south 17 degrees 17.5 minutes west 64 feet thence south 72 degrees 42.5 minutes east 76 feet thence south 85 degrees 5 minutes east 160 feet to the northwesterly line of said right-of-way then along said right-of-way 376 feet to the point of b^lnnlng. The properties proposed »o be assessed are alternatively described by the following property identification numbers: 10-117-23 34 0003 10-117-23 34 0004 10-117-23 34 0005 10-117-23 34 0006 10-117-23 34 0007 10-117-23 34 0008 10-117-23 34 0009 10-117-23 34 0014 10-117-23 34 0015 10-117-23 34 0017 15-117-23 21 0002 15-117-23 21 0003 15-117-23 21 0004 15-M7-23 21 0005 15-117-23 21 0006 15-117-23 23 0001 The estimated cost of such improvement is S235.592.00. Such persons as desire to be heard with reference to the proposed improvements will be heard at this meeting. Dorothy M. Hallin. City Clerk (Published in The Laker and Pioneer Feb. 22 and March 1.1997) Affidavit of Publication state of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: 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 Sanitary Sever Trunks & Laterals, "Bayridge & "Hartvo od'* 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 Monday, thft 22 riaynf February iq97 , and was thereafter printed and published every Monday, to and including Monday, thP 1 day nf March 19-^; AuTnorized Agent Subscribed and sworn to me on this Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $12.20 per inch. (2) Maximum rate allowed by law for above matter: $12.20. (3) Rate actually charged for above matter: $7.00 per inch. Each additional successive week: $5.05. CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning construction of san itary gpwpr ---------- <-n gg>rv«a t-h«a Ray P-iHgo anH Harft.rnnf^ nm'ghbnrhnnriw was mailed to the attached list of property owners on this In Witness Whereof, I have hereunto set my hand and seal 26±±l_ February. 1997 _ _ ___ _ _ _ _* Hallin, City Clerk (SEAL) c.RUN DATE 02/20/«7 BATCH 014PROP AODR ONNER NAME TAXPAYER NAME/ADDR PROP AODR ONNER NAME TAXPAYER NAME/AOOR PROP AODR OHNER NAME TAXPAYER NAME/AOOR PROP AODR ONNER NAME TAXPAYER NAME/ADDR PROP AODR OMCR NAME TAXPAYER NAME/AOOR PROP AODR C»MER NAME TAXPAYER NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST30 10-117-23 34 0003 ■01449 BAY RIDGE RD 0 0 A 0 B HESTBY GERALD 0 A OIANc B HESTBY 1449 BAY RIDGE RD ORONO m 55391 36 10-117-23 34 0006 01485 BAY RIDGE RD U P KERBER ETAL URBAN P KERBER EVANGELINE t KERBER 1485 BAY RIOGE RO NAYZATA MN 55391 36 10-117-23 34 0009 01525 DAY RIDGE RD 6 E SVEEGGEN ETAL GERALD E SVEEGGEN 900 OFIE FINANCIAL PLAZA MPLS MN 55402 36 10-117-23 34 0017 01425 DAY RIOGE RD SUSAN S TENNEY SUSAN S TENt4EY 1425 BAY RIDGE RD NAYZATA MN 55391 36 15-117-23 21 0004 02060 SHORELINE OR J H A J H PETERSON JAMES H A JULIA W PETERSON 2060 SHORELINE DR NAYZATA MN 55391 38 15-117-23 21 0007 00036 ADDRESS UNASSIGNED JOHN R STIELOH JOHN R STIELOFI 601 BUSHAHAY RD NAYZATA MN 55391 33 10-117-23 34 000401461 BAY RIDGE RO M J JOHNSON ASF JOHNSON MICHAEL J A SUSAN JOHNSON 1461 BAY RIOGE RD NAYZATA MN 55391 38 10-117-23 34 0007 01501 BAY RIOGE RO FRANCES I SCHAPER FRANCES I SCHAPER 1501 BAY RIOGE RO ORNO MN 55391 38 10-117-23 34 0014 02050 SHORELINE OR B P BONI A P BONI BRUCE P A PATRICIA BONI 2050 SHORELINE OR NAYZATA NN 55391 38 15-117-23 21 0002 02056 SHORELINE OR ROBERT M ENFIELD ROBERT M EMFIELO 2056 SHORELINE OR NAYZATA MN 55391 38 15-117-23 21 0005 02070 SHORELINE DR DENNIS T GRENOAHL DEK94IS T GRENOAHL 2070 SHORELINE DR NAYZATA MN 55391 38 15-117-23 23 0001 02090 SHORELINE OR DOUGLAS P HEAD ETAL DOUGLAS M HEAD 1616 22ND ST H MPLS FM 55405 REPORT NO. PI435401 PAGE 338 10-117-23 34 000501473 BAY RIOGE RD T R A M H HCCUNE THOMAS R MCCUNE 1473 BAY RIOGE RD NAYZATA MN 55391 38 10-117-23 34 0008 01513 BAY RIOGE RD E J A C K ANDERSON EDGAR A CONSTANCE ANDERSON 1513 BAY RIDGE RO NAYZATA MN 55391 4 '•'i 38 10-117-23 34 0015 02054 SHORELINE OR R G A K S OLSON RONALD G A KAYE S OLSON 2054 SHORELINE OR NAYZATA MN 55391 30 15-117-23 21 0003 02058 SHORELINE DR GARY F LIEDSCHER G F LIEBSCHER P 0 BOX 2606 MARCO ISLAND FL 34146-2606 38 15-117-23 21 0006 02080 SHORELINE DR K DEOOLPH III A C M DEDOLPH KARL DEDOLPH III 2080 SHORELINE DR NAYZATA FM 55391 TOTAL BATCH 014 00017 REQUEST FOR COUNCIL ACTION Date: Item No« • \ 9>, %■ \ % . \ 5:6 March 7;% Department Approval . Gaffron Administrator Approval:Agenda Section: Name: Michael P. Title: Asst. Planning & Zoning Administrator Item Description: Public Hearings - Bracketts Point and Bay Ridge/Hartwood Sewer Projects List of Exhibits: A - Notice/Letter/Maps Mailed to Affected Property (.Owners B - City Administrator memo re: Hartwood trunk assessment options C - Resolutions Ordering Preparation of Plans and Specifications D - Feasibility Reports (February 1997) These public hearings are required prior to directing the City Engineer to prepare plans and specifications. These are the first formal public hearings on these two projects, although public information meetings were held with the residents during 1995 and 1996. As a result of the public information meetings, it appears to st.ifiThat there is general neighborhood understanding of the background and need for sewer, therefore staff does not plan to make a detailed presentation regarding the septic system conditions, etc. The City Engineer will make a presentation of the feasibility report findings and recommendations regarding: Recommended sewer system layout Impacts to individual properties Project costs Schedule The Engineer's presentation should be followed by a question and answer session open to the public. Note that these are hq I assessment hearings, which are anticipated to be held in June after plans and spec's have been accepted and bids received. The question of whether the Hartwood residents will be assessed for trunk charges prior to lateral installation, remains to be answered prior to the June hearings (See Exhibit B). Bay Ridge / Hartwood Lift Station Location Issue An additional issue for discussion is that the owner of the Hartwood property on which the lift station is proposed. Mr. Boni, has strongly objected to having the lift station on his property, and wants nothing to do with the sewer. He has a relatively new septic system and landscaping he doesn't want disturbed. The City Engineer has indicated that relocating the lift station further north onto the most southerly Bay Ridge property will result in higher future costs to ser\’e the Hartwood Sewer Public Hearings Msirch 7,1997 Page 2 neighborhood, due to topography. The lift station if initially built on a Bay Ridge lot would potentially have to be relocated to serve Hartwood in the future, and those relocation costs would be borne by the Hartwood residents. Allocation of initial trunk costs is also affected if Hartwood is not provided with useful trunk service as part of the original project. The issue of whether to install the force main and lift station as currently proposed on the Boni property, needs to be resolved before final plans and specifications can be completed. Staff believes the lift station should be located where the Hartwood area can be served without a future relocation of the lift station. The City engineer will determine the extent of the impacts of the project on the Boni property prior to the meeting. Stan* Recommendation Following the March 10 hearings, Council may adopt the attached resolutions ordering preparation of plans and specifications. r ' “ GlTYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 February 24,1997 Dear Residents of the Bracketts Point Neighborhood: The City Engineer has completed a Feasibility Report concluding that construction of sanitary sewer and force main to ser\e your neighborhood is feasible from an engineering standpoint. The proximity of Bracketts Point to Lake Minnetonka is the primary factor suggesting municipal sewer service is preferable to long term septic system usage. In 1995 a neighborhood meeting was held to discuss the possibilities of sewer, and a majority of Bracketts Point residents signed a petition requesting municipal sewer. Bracketts Point was recently approved by the Metropolitan Council for inclusion within the Metropolitan Urban Service Area (MUSA). The proposed project involves the construction of sanitary sewer laterals and trunk facilities, and associated street resurfacing. Costs of the project are summarized in the table below. There are 15 (possibly 16) units in the Bracketts Point Area proposed to be assessed for the improvements. As noted during the neighborhood meeting held July 20,1995, the City will not be contributing toward the cost of these improvements. The anticipated project schedule is as follows: March 10, 1997 March 10, 1997 May, 1997 May, 1997 June, 1997 June, 1997 July, 1997 July, 1997 October, 1997 Public hearing Order preparation of plans and specifications Plans and specifications complete Advertise for bids Open bids Assessment hearing Award construction contract Begin construction Complete construction If you have questions regarding this project, please contact City staff at 473-7357. Table 1. Cost Summary Item Estimated Cost Trunk Facilities $117,532 Sanitary Sewer Laterals $141,894 Street Surfacing $165,363 Total $424,789 NOTICE OF MEETING CITY OF ORONO Notice is hereby given that the City Council of Orono, Minnesota will hold a public hearing in the Orono Council Chambers, 2780 Kelley Parkway, at 8:15 p.m. on Monday, March 10, 1997 to consider the installation of municipal sanitary sewer trunks and laterals pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for the improvement is generally known as the "Bracketts Point" area described as follows: The following property in Hennepin County, Minnesota: A. Lots 1, 2, 3,4, 5, and 6, "N. J. Stubbs First Subdivision in Lot No. 2, Section 11, Township 117, North Range 23". B.That part of Government Lot 2, Section 11, Township 117, North, Range 23 West, lying north of N. J. Stubbs First Subdivision and lying easterly of County Road No. 15 and southerly ofchaimel ruiming from Mud Lake to Lake Minnetonka. C. Lots 1,2,3,4,5,6,7,8,9, and 10, "Rearrangement of Orono Point". D. Lots 1,2, and 3, "Bracketts Point". The properties proposed to be assessed are alternatively described by the following property identification numbers: 11-117-23 23 0002 11-117-23 23 0008 11-117-23 23 0009 11-117-23 23 0010 11-117-23 32 0010 11-117-23 32 0017 11-117-23 32 0001 11-117-23 32 0018 11-117-23 32 0019 11-117-23 32 0020 11-117-23 33 0004 11-117-23 33 0005 11-117-23 33 0006 The estimated cost of such improvements is $424,789.00. Such persons as desire to be heard with reference to the proposed improvements will be heard at this meeting. Dorothy M. Hall in. City Clerk (To be published in the Laker/Pioneer on February 22,1997 and March 1,1997) 1 BROWN TANAGER BAY LAKE / CON^T 10-^ EXISTINlKUCES ___ FORCEMAIN 1 7 \ Q^CV^ pO^V^"^ i- • GRAVITY ScWER GRAVITY MANHOLE — 1 FORCEMAIN ■UFT STATION O GRINDER PUMP BRACKEH'S. POINT ORONO. MINNESOTA SANITARY SEWER IMPROVEMENTS IM mMMMXXROI \/H/97 comm. U99u FIGURE 2 Bonetiroo RoMne Anderlik d Atsoclalea fT»*4r«X -W-. - •a 3 8 >i •••••• SMITH'S BM r As GITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Dear Residents of the Bay Ridge and Hartwood Neighborhoods: The City Engineer has completed a Feasibility Report concluding that construction of sanitary sewer and force main to ser\ e your neighborhoods is feasible from an engineering standpoint. In the Bay Ridge area, sanitary sewer is preferable to the long-term use of septic systems, based on the proximity to Lake Minnetonka and the relatively small lot sizes. Bay Ridge residents have expressed strong support for installation of sewer. In the Hartwood area, while residents have not expressed support for municipal sewer, sewer installation may be desirable in the future. Both neighborhoods were recently approved by the Metropolitan Council for inclusion within the Metropolitan Urban Service Area (MUSA) The proposed project involves the construction of trunk lines with the capacity to serve both neighborhoods, and lateral lines to serve just the Bay Ridge neighborhood at this time. Costs of the project are summarized in the table below. There are 16 units in the Bay Ridge and Hartwood neighborhoods proposed to be assessed for trunk improvements, with just the Bay Ridge area to be assessed for lateral costs. As noted during neighborhood meetings held in 1995-96, the City will not be contributing toward the cost of these improvements. The Citv Council has not determined whether the trunk assessment for the Hartwood area will be deferred until such time that laterals are installed. The anticipated project schedule is as follows: March 10, 1997 March 10, 1997 May, 1997 May, 1997 June, 1997 June, 1997 July, 1997 October, 1997 Public hearing Order preparation of plans and specifications Plans and specifications complete Advertise for bids Open bids Assessment hearing Begin Construction Complete Construction If you have questions regarding this project, please contact City staff at 473-7357. Table 1. Cost Summary Item Estimated Cost Trunk Facilities $155,670 Lateral Facilities 84,968 Total $240,638 r NOTICE OF MEETING CITY OF ORONO Notice is hereby given that the City Council of Orono, Minnesota will hold a public hearing in the Orono Council Chambers, 2780 Kelley Parkway, at 8:00 p.m. on Monday, March 10, 1997 to consider the installation of municipal sanitary sewer trunks and laterals pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for the improvements is generally known as the ''Bayridge” and "Hartwood" areas described as follows: The following property in Hennepin County, Minnesota: A. Tracts A, B, C, D, E, F, G, H, and I, Registered Land Survey No. 192. B. Lots 1,2,3,4, 5,6and7, Hart\.ood. C. Commencing on the northwesterly line of the right-of-way of Great Northern Railroad at a point 1,292.86 feet south along to -i right-of-way from north line of Lot 1, thence norA 72 degrees 42.5 minutes west 341.8 feet thence south 73 degrees west 200 feet thence south 58 degrees 30 minutes west 99 feet thence south 4 degrees 28 minutes west 85.4 feet thence south 17 degrees 15 minutes east 232.5 feet thence south 17 degrees 15 minutes east 232.5 feet thence south 17 degrees 17.5 minutes west 122 feet thence south 72 degrees 42.5 minutes east 53.3 feet thence north 11 degrees 45 minutes east 188 feet thence north 44 degrees 20 minutes east 81 feet thence south 72 degrees 42.5 minutes east 75 feet thence south 17 degrees 17.5 minutes west 64 feet thence south 72 degrees 42.5 minutes east 76 feet thence south 85 degrees 5 minutes east 160 feet to the northwesterly line of said right-of-way then along said right-of-way 376 feet to the point of beginning. The properties proposed to be assessed are alternatively described by the following property identification numbers: 10-117-23 34 0003 10-117-23 34 0004 10-117-23 34 0005 10-117-23 34 0006 10-117-23 34 0007 10-117-23 34 0008 10-117-23 34 0009 10-117-23 34 0014 10-117-23 34 0015 10-117-23 34 0017 15-117-23 21 0002 15-117-2321 0003 15-117-23 21 0004 15-117-23 21 0005 15-117-23 21 0006 15-117-23 23 0001 The estimated cost of such improvement is $235,592.00. Such persons as desire to be heard with reference to the proposed improvements will be heard at this meeting. Dorothy M. Hallin, City Clerk (To be published in the Laker/Pioneer on February 22,1997 and March 1, 1997) r BAY RIDGE ORONO, MINNESOTA SANITARY SEWER IMPROVEMENTS FIGURE 2 i/jj Bonesfroo Rosene Anderlik 4 | \ I Associates 139MAP\139XXR01 2/3/S7 COMM. 13991 W'’ TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator March 5,1997 SUBJECT: Allocation of Bay Ridge/Hartwood Sewer Project Costs The Council approved the Bay Ridge sewer improvement feasibility report at its February 10 meeting, and set a public hearing for March 10. An important issue related to the project is the payment of the "trunk" portion of the project costs. The project includes a gravity lateral line that ser\ es the eight Bay Ridge properties. This cost will be paid by the Bay Ridge properties. The project also includes a lift station and trunk force main that serves the Bay Ridge properties but also will serve the Hartwood area to the south at some time in the future. The Engineer has suggested the costs of the lift station and force main be allocated to both the Bay Ridge and Hartwood properties. The Engineer has also suggested that the costs allocated to the Hartwood properties not be assessed until sewer service is provided to the Hartwood area. This means the city would provide "interim financing" of approximately $78,000 of project costs until the city is repaid by Hartwood at the time they receive sewer service. The cost to the city, assuming a fifteen year bond issue at 5%, interest would be approximately $7,500 per year for 15 years. Options 1. The city provide "interim financing" of the $78,000 of "trunk" costs, with repayment by Hartwood at the time they receive sewer service. 2. The Council could allocate all project costs to the Bay Ridge properties. This would increase the amount of the assessment to the Bay Ridge properties from $20,000 per unit to $30,000 per unit. 3. Assess the Hartwood properties the trunk costs now. This could be difficult since they are not receiving sewer service now. If the Hartwood properties were to be assessed for the trunk costs it would probably need to be a voluntar>' decision by the Hartwood property owners based on paying a portion of their sewer service costs now and a portion later. Staff can approach the Hartwood property owners regarding the assessment of trunk costs. In the absence of agreement by the Hartwood property owners, stall recommends the city absorb the trunk costs on an interim basis to be repaid, with interest, through connection charges to the Hartwood properties at the time sewer service is provided. A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FO*l BRACKETTS POINT SANITARY SEWER IMPROVEMENT WHEREAS, the Cit\ of Orono is a municipal corporation existing under the laws of the State of Minnesota; and WHEREAS, the City Engineer has prepared a feasibility study to determine the feasibility of serving the Bracketts Point neighborhood with sanitary sewer; and WHEREAS, on February 10, 1997 the City Council adopted Resolution No. 3844 receiving the feasibility report and calling for a public hearing for the Bracketts Point sanitary sewer improvement; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing v'as held thereon on the 10th day of March, 1997, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby direct the City Engineer to prepare plans and specifications for the installation of sanita 7 sewer for the Bracketts Point neighborhood. Adopted by the City Council at a regular meeting held on March 10, 1997 by a vote of____ayes and_____nays. Gabriel Jabbour, Mayor ATTEST: Dorothy M. llallin, City Clerk A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR BAY RIDGE / HARTWOOD SANITARY SEWER IMPROVEMENT WHEREAS, the City of Orono is a municipal corporation existing under the laws of the State of Minnesota; and WHEREAS, the City Engineer has prepared a feasibility study to determine the feasibility of serving the Bay Ridge / Hartwood neighborhood with sanitary sewer; and WHEREAS, on February 10,1997 the City Council adopted Resolution No. 3843 receiving the feasibility report and calling for a public hearing for the Bay Ridge sanitary sewer improvement; and WHEREAS, the Hartwood neighborhood was subsequently added to the defined sewer improvement area for possible assessment purposes because construction of the sewer trunk serving Bay Ridge will provide a future trunk serv ice to the Hartwood neighborhood at such future unspecified time that sew'er laterals are provided to Hartwood. WHEREAS, ten days mailed notice to the residents of the Bay Ridge and Hartwood neighborhoods and two weeks published notice of the hearing was given, and the hearing was held thereon on the 10th day of March, 1997, at which all persons desiring to be heard were given an opportunity to be heard thereon; and NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby direct the City Engineer to prepare plans and specifications for the installation of sanitary sewer for the Bay Ridge and Hartwood neighborhoods as proposed in the Feasibility Report. Adopted by the City Council at a regular meeting held on March 10,1997 by a vote ayes and____nays. ATTEST:Gabriel Jabbour, Mayor Dorothy M. Hallin. City Clerk 1 i Feasibility Report Bay Ridge Sanitary Sewer Extension Orono, Minnesota February, 1997 File No. 13991 ^ I Bonestroo Rosene Anderlik & Associates Engineers & Architects mi 'i 1/1 Bonestroo Rosene Anderlik& |\ ^ Associates Engineers & Architects Bonestroo. Rosene. Anderhk Associates. Inc is Jin Affirmative Action iquat Opportunity Fmptoyer Principals Otto G Bortestroo. PE • Joseph C Anderlik. PE • Marvin L Sorvala. PE. • Richard E Turner. PE • Gfenn R. Cook. PE • Thomas E. Noyes. PE • Robert G Schunicht. PE • Jerry A Bourdon. PE • Robert W Rosene. PE and Susan .M Eberim. CPA.. Senior Consultants Associate Principals Howard A. Sanford. PE • Keith A. Gordon. PE • Robert R Pfefferie. PE • Richard W. Foster. PE • David O Loskota. PE • Robert C Russek. A IA • Mark A Hanson. PE. • Michael T Rauimann. PE • Ted K Field. PE • Kenneth P Anderson. PE • Mark R. Rolfs. PE • Sidney P. Williamson. PE. L S • Robert F. Kotsmith Offices St. Paul. Rochester. Wilimar and St Cloud. MN • Mequon. Wl February 12,1997 ^Oth J'^5b-J99b Honorable Mayor and City Council City of Orono PO Box 66 Crystal Bay, MN 55323-0066 Re: Feasibility Report Bay Ridge Sarutary Sewer Extension Our File No. 13991 Dear Mavor and Council: Enclosed, for your review is our preliminary' report on the Sanitary Sewer Extension for the Bay Ridge neighborhood. This area is located near the intersection of County Road 51 and County Road 15. This report describes the sanitary sewer improvements necessary to provide municipal sanitary’ sewer service to the Bay Ridge area. Cost estimates for the proposed improvements are presented in the Appendices. We would be pleased to discuss this report further with the City Council or City staff at any mutually convenient time. Respectfully submitted, BONESTROO. ROSENE. ANDERLIK AND ASSOCIATES, INC. Tom P. Kellogg I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Frofessiontil Engineer under the laws of the State of Minnesota. Glenn R. Cook, P.E. Date: February 12. 1997 Reg. No. 9451 2335 West Highway 36 ■ St. Paul, MN 55113-3898 ■ 612-636-4600 r Table of Contents Page No. '.r Letter of Transmittal Table of Contents 1 Litroduction Figure 1 • Location Plan n. Summary and Recommendations Table 1 - Cost Summary in. Sanitary Sewer Figure 2 - Bay Ridge IV. Cost Analysis Table 2 - Cost Summary V. Project Schedule Appendix A - Preliminary Cost Estimate Appendix B - Preliminary Cost Estimate - Alternate 1. 2. 3. 4. 5. 5. 6. 7. 8. 8. 9. Sanitary Sewer Improvements I. Introduction The City Council has requested this report to determine the feasibility of constructing sanitary sewer improvements for the Bay Ridge area, as shown on Figure 1. The lots in the area are generally small and it is difficult for the homeowners to provide a suitaole area for replacing their on-site systems. The City of Orono conducted a study to determine if there were neighborhoods in Orono which should be provided with municipal sewer rather than have the neighborhoods upgrade their existing septic systems. Bay Ridge was one of the ten identified Orono neighborhoods designated as “rural ” (unsewered) area. The smaller lot sizes, proximity to lake shore and other factors suggest municipal sewer service is preferable to long term septic system usage in the Bay Ridge area. It is estimated that 45% of the existing septic systems in Bay Ridge will need to be upgraded. The City has held neighborhood meetings with the residents to attain input and develop a workable solution for solving the problem. The Bay Ridge residents have requested sewer, conditioned on a lake side location. This report describes the sanitary improvements required to completely serve the development. The proposed sanitary sewer and force main improvements are presented on Figure 2. The costs of the proposed improvements are presented in the appendices and a cost summary is presented in the Cost Analysis section. Sanitary Sewer Improvements LOCATION PLAN ORONO, MINNESOTA SANITARY SEWER IMPROVEMENTS FIGURE 1 i Bonestroo "-jg Rosene Andcrilk & Associates 13990R02.DWG JAN. 1997 COMM.: 13990 II. Summary and Recommendations The construction of sanitary sewer and force main to serve the Bay Ridge area is feasible from an engineering standpoint. The project is necessary because of the potential pollution problems to Lake Minnetonka and the surrounding watershed. The capital cost as well as operation and maintenance costs have been considered in determining that the project is cost effective. The cost of these improvements are interrelated and should be assigned equitably between all properties. The following recommendations are presented for consideration by the Orono City Council: 1. 2. 3. That this Report be adopted as the guide for installation of sanitary sewer in the Bay Ridge area. That the City conduct a legal and fiscal review of the proposed project prior to the public hearing. That a public hearing be held on the proposed improvements. The following estimates should be used for hearing purposes: Table 1. Cost Summary Item Estimated Cost Trunk Facilities $155,670 Lateral Facilities 84,968 Total $240,638 There are 8 units proposed to be assessed for the lateral improvements and 16 units to be assessed for trunk improvements. Sanitary Sever Improvements r III. Sanitary Sewer The proposed sanitary sewer for the Bay Ridge area is shown on Figure 2. From the review of the project site, the routes shown on the figures are recommended from a construction standpoint. The Bay Ridge area would be served by an 8" gravity sewer installed between the existing homes and County Road 1.0 /Shoreline Drive). A lift station would be constructed approximately 250 feet south of Bay Ridge near the intersection of the Hartwood private drive and County Road 15. This location would allow for future service to the Hartwood neighborhood. A 4" forcemain would be installed from the lift station north to County Road 51 (North Shore Drive), west to Bay Ridge Road, then north across North Shore Drive and connect to an existing gravity sewer on Railroad Avenue. An alternate forcemain design is shown on Figure 2. In this option the 4" forcemain would connect directly to an existing MCES forcemain on North Shore Drive. Overall project costs would be reduced slightly however, MCES approval would be required. Cost estimates for the alternate design are presented in the Appendices. An option to locate the sewer system on Bay Ridge Road would not significantly change the cost of the project. This option is not feasible due to property owner opposition. Sewer service for each home would consist of a 4-inch PVC line. Services will be extended toward each home a distance of approximately 20 feet from the wye. The property owners would be responsible for the connection to the service. The project will generally be constructed on private property. The alignment shown on Figure 2 will require permanent and construction easements. Detailed cost estimates for the sanitary sewer improvements are presented in the Appendices. Sanitary Sewer Improvements I 139MAP\139XXR01 2/3/97 COMM. 13991 r IV. Cost Analysis Detailed cost estimates for the proposed improvements are presented in the appendices. These costs include a 5 percent contingency, a 15 percent allowance for design, inspection, legal, and administration costs, and a 5 percent allowance for capitalized interest and bonding costs during construction. The costs are baseji on 1997 construction. The ENR index for January, 1997 is 5751. A summary of the estimated costs for the proposed improvements is presented in Table 2. Table 2. Summary Item Estimated Cost Bay Ridge Sanitary Sewer Laterals $ 84,968 Trunk Facilities 155,670 Total Project $240,638 The cost estimates do not include easement costs that could be incurred on the project. A total of sixteen units would be served in the Bay Ridge/Hartwood areas, eight of which are in the Bay Ridge neighborhood. It is recommended that the tmnk costs be assessed uniformly over the area to be served. This results in a trunk charge of $9,730.00 for each of the 16 units in the combined service areas. The City would be responsible for $77,840.00 (8 x $9,730.00) until the Hartwood system is constructed. Lateral costs of $10,621.00 would be assessed to the Bay Ridge property owners for each of the 8 units being served. Sanitary Sewer Improvements 8 V. Project Schedule Date Event February, 1997 Publish and mail notice of public hearing March. 1997 Public hearing March, 1997 Order preparation of plans and specifications May, 1997 Plans and specifications complete May, 1997 Advertise for bids June, 1997 Open bids June, 1997 Assessment hearing July, 1997 Award construction contract July, 1997 Begin construction October, 1997 Complete construction Scnitary Sewer Improvements APPENDIX A CITY OF ORONO BAY RIDGE SANITARY SEWER IMPROVEMENTS FILE NO. 13991 Lateral Sanitary Sewer PRELIMINARY COST ESTIMATE ITEM UNIT EST. QUANTITY UNIT PRICE EST. COST 8" PVC, SDR 35, O’-8'deep LF 325 $20.00 $6,500 8" PVC, SDR 35, 8’-10'deep LF 755 22.00 16,610 Improved pipe foundation, per 6" inc.LF 1,080 1.20 1,296 Mechanical trench compaction LF 1,080 1.00 1,080 Standard sanitary manhole EA 3 1,500.00 4,500 Manhole overdepth LF 3.1 100.00 310 8" X 4" wye EA 8 40.00 320 4" PVC, SDR 35, sewer service LF 240 10.00 2,400 Silt fence LF 1,500 2.00 3,000 Sodding w/topsoil SY 4,500 2.00 9,000 Clearing and grubbing LS 1 5,000.00 5,000 Remove and replace fence LF 200 10.00 2,000 Landscaping LS 1 15,000.00 15,000 Estimated Construction Cost +5% contingencies -♦15% design, inspection, admin -♦•5% capitalized interest & bonding Total Estimated Cost 13991APP.WB2 A-1 $67,016 3,351 $70,367 10,555 $80,922 4,046 $84,968 afiSiaSS Lift Station and Forcemain PRELIMINARY COST ESTIMA TE ITEM EST.UNIT UNIT EST. Lift station EA 1 90,000.00 90,000 4" PVC, DR25 forcemain 4" PVC, DR 25 forcemain- LF 1,740 12.00 20,880 directlonal bore LF 125 40.00 5,000 Connect to existing gravity sewer EA 1 500.00 500 Transplant tree EA 2 300.00 600 Sodding with topsoil SY 650 2.00 1,300 Seeding w/topsoil, mulch, fertilizer AC 0.50 3,000.00 1,500 Landscaping LS 1 3,000.00 3,000 Estimated Construction Cost +5% contingencies +15% design, inspection, admin +5% capitalized interest & bonding Total Estimated Cost $122,780 6,139 $128,919 19,338 $148,257 7,413 $155,670 13991APP.WB2 A-2 Lift Station and Forcemain - Aiternate PRELiMINARY COST ESTIMATE ! ITEM EST. UNIT UNIT QUANTITY PRICE EST. COST Lift station EA 1 90,000.00 $90,000 4" PVC, DR25 forcemain 4" PVC, DR 25 forcemain- LF 1,250 12.00 15,000 directional bore LF 60 40.00 2,400 Connect to MCES forcemain EA 1 5,000.00 5,000 Transplant tree EA 2 300.00 600 Sodding with topsoil SY 650 2.00 1,300 Seeding w/topsoii, mulch, fertilizer AC 0.50 3,000.00 1,500 Landscaping LS 1 3,000.00 3,000 Estimated Construction Cost +5% contingencie- +15% design, inspection, admin +5% capitalized interest & bonding Total Estimated Cost 13991APP.WB2 B-1 $118,800 5,940 $124,740 18,711 $143,451 7,173 $150,624 Feasibility Report Bracketts Point Sanitary Sewer Extension Orono, Minnesota February, 1997 File No. 13990 Jdi ■! Bonestroo Rosene Anderllk & Associates Engineers & Architects St. Paul • Milwaukee r if i Bonestroo Rosene ^5 Anderlik & |\ I Associates Engineers & Architects Bonestroo. Rosene. Anderlik end Associates. Inc. Is an Affirmative Action/Equai Opportunity Employer Principals: Otto G. Bonestroo. PE • Joseph C. Anderlik. PE. • Marvin L Sorvala. PE. • Richard E. Turner. PE. • Glenn R. Cook. PE • Thomas E Noyes. PE • Robert G. Schunlcht. PE • Jerry A Bourdon. PE • Robert W. Rosene. PE and Susan M. Eberlin. C PA.. Senior Consultants Associate Principals Howard A. Sanford. PE • Keith A. Gordon. PE • Robert R. Ptetferie. PE • Richard W. Foster. PE. • David O Loskota. PE. • Robert C. Russck. A.I.A. • Mark A. Hanson. PE • Michael T. Rautmann. PE • Ted K Field. PE. • Kenneth P Anderson. PE • Mark R Rolfs. PE • Sidney P. Williamson. PE. LS. • Robert F Kotsmith Offices- St Paul. Rochester. Willmar and St. Cloud. MN • Mequon. Wl Febraary 12,1997 < '^ J9Sb-J006 > Honorable Mayor and City Council City of Orono PO Box 66 Crystal Bay, MN 55323-0066 Re: Feasibility Report Bracketts Point Sanitary Sev/er Extension Our File No. 13990 Dear Mayor and Council: Enclosed, for your review is our preiiminary report on the Sanitary Sewer Extension for the Bracketts Point area in Orono. This development is located on Bracketts Point Road south of County Road 15. This report describes the sanitary sewer improvements necessary to provide municipal sanitary sewer service to this area. Cost estimates for the proposed improvements are presented in the Appendices. We would be pleased to discuss this report further with the City Council or City staff at any mutually convenient time. Respectfully submitted. BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INC. Tom P. Kellogg TPK:kf I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of die State of Minnesota. Glenn R. Cook, P.E. Date: February 12. 1997 Reg. No. 9451 2335 West Highway 36 ■ St. Paul, MN 55113-3898 ■ 612-636-4600 r k Table of Contents Page No. Letter of Transmittal 1. Table of Contents 2. I. Introduction Figure 1 - Location Plan 3. 4. n. Summary and Recommendations Table 1 - Cost Summary 5. 5. m. Sanitary Sewer Figure 2 - Bracketts Point Figure 3 - Bracketts Point, Alternate Design 6. 7. 8. IV. Cost Analysis Table 2 - Cost Summary 9. 9. V. Project Schedule 10. Appendix A - Bracketts Point Appendix B - Bracketts Point - Alternate Bracketts Point Sanitary Sewer Improvements 1 I. Introduction The City Council has requested this report to determine the feasibility of constructing sanitary sewer improvements for the Bracketts Point area, as shown on Figure 1. The lots are located in shoreland making it difficult for homeowners to meet the 3 foot sepaiation between the seasonal water table and their septic system. The City of Orono conducted a study to determine if there were neighborhoods in Orono which should be provided with municipal sewer rather than have the neighborhoods upgrade their existing septic systems. Bracketts Point was one of the ten identified neighborhoods in Orono designated as “rural” (unsewered) area. Bracketts Point’s proximity to lake shore is the primary factor suggesting municipal sewer service is preferable to long term septic system usage. Presently, 50% of the existing on-site systems are non-conforming and 29% of the property owners on Bracketts Point have no alternate site available. The City held a neighborhood meeting with the residents to attain input and develop a workable solution for solving the problem. A majority of the residents have signed a petition to bring sanitary sewer to their neighborhood. This report describes the sanitary improvements required to completely serve Bracketts Point. The proposed sanitary sewer and force main improvements are presented on Figure 2. The costs of the proposed improvements are presented in the appendices and a cost summary is presented in the Cost Analysis section. j Bracketts Point Sanitary Sewer Improvements r LOCATION PLAN ORONO. MINNESOTA SANITARY SEWER IMPROVEMENTS 13990R02.DWG JAN. 1997 FIGURE 1 Scoic in fctt I m Bones troo Rosene Anderlik & Associates COMM.: 13990 II. Summary and Recommendations The constniciion of sanitary sewer and force main to serve Bracketts Point area is feasible from an engineering standpoint. The project is necessary because of the potential pollution problems to Lake Minnetonka. The capital cost as well as operation and maintenance costs have been considered in determining that the project is cost effective. The cost of these improvements are interrelated and should be assigned equitably between all properties. The following recommendations are presented for consideration by the Orono City Council: 1. 2. 3. That this Report be adopted as the guide for installation of sanitary sewer in the Bracketts Point area. That the City conduct a legal and fiscal review of the proposed project prior to the public hearing. That a public hearing be held on the proposed improvements. The following estimates should be used for hearing purposes: Table 1. Cost Summary Item Estimated Cost Trunk Facilities $117,532 Sanitary Sewer Laterals $141,894 Street Surfacing $165,363 Total $424,789 There are 15 units proposed to be assessed for the trunk and lateral improvements. Bracketts Point Sanitary Sewer Improvements III. Sanitary Sewer The proposed sanitary sewer for the Bracketts Point area is shown on Figure 2. A review of the project site indicates the routes shown on the figures are recommended from a construction standpoint. The Bracketts Point area would be served by construction of a lift station located approximately 600 feet south of County Road 15 on Bracketts Point Road. A force main would be installed along Bracketts Point Road north to County Road 15 (Shoreline Drive) and connected to an existing MCES force main. Gravity sewer will carry all flows to the lift station. The property located on the east side of the project (see Figure 2, property 11) will need to be served by a residential lift station due to the elevation of the existing structure. All other properties within the project will have gravity services. An alternate design for the sanitary sewer south of the proposed lift station is shown in Figure 3. Properties in the south half of Bracketts Point would be served by individual grinder pumps. A force main would be installed on the east side of the roadway north to the lift station. This alternate design would decrease the initial cost of the project slightly. Grinder pump operation and maintenance would be the responsibility of the property owner. A cost estimate for the alternate design is included in the appendix. Sewer service for each home will consist of a 4-inch PVC line. Services will be extended to the property line. The property owners will be responsible for the connection to the service. The City will provide a grinder pump station as part of the overall project cost for the property owners that cannot be served by gravity. The installation of the grinder pump will be a responsiblity of the property owner. The project will generally be constructed within the right-of-way of existing streets where possible. The alignments selected and shown on Figure 2 will require some permanent and temporary easements to allow for construction. The streets will be restored to 22 feet wide with 1 V2 inches of bituminous wear course, 2 inches of bituminous base course, 8 inches of aggregate base, 100 % crushed material and geotextile stabilization fabric. Detailed cost estimates for the sanitary sewer improvements are presented in the Appendices. Bracketts Point Sanitary Sewer Improvements mm;d s:no ms:m 2 2m O T) O 2 -H 23 Oc;dm X;oo CO 2m =^ I 3 n - c Oi to -D 5 Sm m 2 oozs Gj (O (Oo -Hm;d 2 > Om o 2 (/)m m;d "D 0 < m 2mz •H (/) 1 > m ?C3z 5m om k2o m (/) O =1 CO ■D O z 3! Oc;dm IV. Cost Analysis Detailed cost estimates for the proposed improvements are presented in the appendices. These costs include a 5 percent contingency, a 15 percent allowance for design, inspection, legal, and administration costs, and a 5 percent allowance for capitalized interest and bonding costs during constmction. The costs are based on 1996 construction. The ENR index for January, 1997 is 5,751. A summary of the estimated costs for the proposed improvements is presented in Table 2. Table 2. Summary Item Estimated Cost Bracketts Point Sanitaiy Sewer Laterals $141,894 Trunk Facilities $117,532 Street Surfacing $165,363 Total Project $424,789 The cost estimates do not include easement costs that could be incurred on the project. It is recommended that the trunk and lateral costs be assessed uniformly over the area to be served, based on the number of services to each property. This results in a trunk and lateral charge of $28,319 for each of the 15 services. 4i Bracketts Point Sanitary Sewer Improvements V. Project Schedule Date Event February, 1997 Publish and mail notice of public hearing March, 1997 Public hearing March, 1997 Order preparation of plans and specifications May, 1997 Plans and specifications complete May, 1997 Advertise for bids June, 1997 Open bids June, 1997 Assessment hearing July, 1997 Award construction contract July, 1997 Begin construction October, 1997 Complete construction Bracketts Point Sanitary Sewer Improvements APPENDIX A CITY OF ORONO BRACKETTS POINT SANITARY SEWER IMPROVEMENTS FILE NO. 13990 Lateral Sanitary Sewer PRELIMINARY COST ESTIMATE ITEM UNIT EST. QUANTITY UNIT PRICE Estimated Construction Cost +5% contingencies +15% design, inspection, admin +5% capitalized interest & bonding Total Estimated Cost 13990APP.WB2 A-1 EST. COST 8" PVC, SDR 35, 0'-8'deep LF 740 $20.00 $14,800 8" PVC, SDR 35, 8'-10'deep LF 215 22.00 4,730 8" PVC, SDR 35,10'-12 ’deep LF 910 24.00 21,840 8" PVC, SDR 35,12'-14' deep LF 7r 5 26.00 19,630 8“ PVC, SDR 35, 14'-16 ‘ deep LF 275 28.00 7,700 8" PVC, SDR 35, 16 ’-18' deep LF 130 30.00 3,900 Improved pipe foundation, per 6" inc.LF 3,025 1.20 3,630 Mechanical trench compaction LF 3,025 1.00 3,025 Standard sanitary manhole EA 14 1,500.00 21,000 Manhole overdepth LF 35.6 100.00 3,560 8“ X 4" wye EA 15 40.00 600 Residential lift station EA 1 3,000.00 3,000 4“ PVC, SDR 35, sewer sen/ice LF 450 10.00 4,500 $111,915 5,596 $117,511 17,627 $135,137 6,757 $141,894 street Reconstruction PRELIMINARY COST ESTIMATE ITEM UNIT EST. UNIT QUANTITY PRICE Clearing and grubbing Driveway restoration Sawcut bituminous Remove bituminous Common excavation Subgrade preparation Cl. 5 aggregate base Type 31 bituminous base course Type 41 bituminous wear course Bituminous material for tack Silt fence Sodding with topsoil Seeding w/topsoil, mulch, fertilizer Landscaping GeotextIle fabric ________ LS SY LF SY CY SY TN TN TN GL LF SY AC LS SY 1 600 250 4.500 1,800 4,400 2.500 525 400 325 900 10,000 0.40 1 4,400 2,000.00 15.00 1.00 2.00 5.00 1.00 12.00 29.00 31.00 2.00 2.00 2.00 3,000.00 10,000.00 1.25 2,000 9,000 250 9,000 9,000 4,400 30.000 15,225 12,400 650 1,800 20.000 1,200 10,000 5,500 Estimated Construction Cost +5% contingencies +15% design, inspection, admin +5% capitalized interest & bonding Total Estimated Cost $130,425 6,521 $136,946 20,542 $157,488 7,874 $165,363 13990APP.WB2 Lift Station and Forcemain PRELIMINARY COST ESTIMATE EST.UNIT EST. ITEM UNIT QUANTITY PRICE COST Lift station EA 1 75,000.00 75,000 4" PVC, DR25 forcemain LF 600 12.00 7,200 Landscaping LS 1 5,000.00 5,000 Sodding with topsoil SY 200 2.50 500 Connect to existing force main EA 1 5,000.00 5,000 Estimated Construction Cost $92,700 +5% contingencies 4,635 $97,335 +15% design, inspection, admin 14,600 +5% capitalized interest & bonding Total Estimated Cost $111,935 5,597 $117,532 13990APP.WB2 A-3 APPENDIX B CITY OF ORONO BRACKETTS POINT SANITARY SEWER IMPROVEMENTS - ALTERNATE FILE NO. 13990 Lateral Sanitary Sewer PRELIMINARY COST ESTIMATE ITEM UNIT EST. QUANTITY UNIT PRICE EST. COST 8" PVC, SDR 35, 0'-8'deep LF 450 $20.00 $9,000 8" PVC, SDR 35, 8'-10'deep LF 285 22.00 6,270 8" PVC, SDR 35,10*-12'deep LF 660 24.00 15,840 8" PVC, SDR 35,12'-14' deep LF 281 26.00 7,306 8" PVC, SDR 35,14’-16' deep LF 86 28.00 2,408 Improved pipe foundation, per 6" inc.LF 1,762 1.20 2,114 Mechanical trench compaction LF 1,762 1.00 1,762 Standard sanitary manhole EA 10 1,500.00 15,000 Manhole overdepth LF 19.5 100.00 1,950 8" X 4“ wye EA 15 40.00 600 Residential lift station EA 6 3,000.00 18,000 4" PVC, SDR 35, sewer service LF 300 10.00 3,000 2" PVC, sen/, force main LF 2,500 20.00 50,000 1-1/2" PVC force main LF 250 18.00 4,500 Estimated Construction Cost +5% contingencies +15% design, inspection, admin +5% capitalized interest & bonding Total Estimated Cost $137,750 6,888 $144,638 21,696 $166,334 8,317 $174,650 13990APP.WB2 • r Street Reconstruction PRELIMINARY COST ESTIMATE ____________ITEM__________ Clearing and grubbing Driveway restoration Sawcut bituminous Remove bituminous Common excavation Subgrade preparation Cl. 5 aggregate base Type 31 bituminous base course Type 41 bituminous wear course Bituminous material for tack Silt fence Sodding with topsoil Seeding w/topsoil, mulch, fertilizer Landscaping Geotextile fabric Estimated Construction Cost +5% contingencies +15% design, inspection, admin +5% capitalized interest & bonding Total Estimated Cost EST. UNIT QUANTITY UNIT PRICE EST. COST LS 1 2,000.00 2,000 SY 600 15.00 9,000 LF 250 1.00 250 SY 3,000 2.00 6,000 CY 1,100 5.00 5,500 SY 3,100 1.00 3,100 TN 1,500 12.00 18,000 TN 330 29.00 9,570 TN 250 31.00 7,750 GL 200 2.00 400 LF 900 2.00 1,800 SY 6,000 2.00 12,000 AC 0.40 3,000.00 1,200 LS 1 5,000.00 5,000 SY 3,100 1.25 3 875 $85,445 4,272 $89,717 13,458 $103,175 5,159 $108,334 13990APP.WB2 B-2 p V. BAY RIDGE SANITARY SEWER IMPROVEMENTS ORONO, MINNESOTA March 10,1997 rv. Extension of sanitary sewer service to the Bay Ridge area. The mink system would connect to the existing gravity sewer line on Railroad Avenue. Estimated Project Cost Sanitary Sewer Laterals $84,968 Alternate $84,968 Trunk Facilities Total 155.670 $240,638 150.624 $235,592 VI. Estimated Cost / Unit Estimated Cost Number of Cost/ Units Unit Sanitary Sewer Laterals Trunk Facilities Total $84,968 155,670 8 16 $10,621 9.730 $20,351 The cost per service using the alternate design would be $20,035. The -! J BAY RIDGE m ORONO. MINNESOTA SANITARY SEWER IMPROVEMENTS FIGURE 2 Bones troo Rosene Anderlik A Associates U9MAP\139XXR0*.2/3/97 COMM. 13991 BRACKETTS POINT SANITARY SEWER IMPROVEMENTS ORONO, MINNESOTA March 10,1997 I.Extension of sanitary sewer service to the Bracketts Point area. The trunk system would connect to the existing forcemain on County Road 15 (Shoreline Drive). n.Estimated Project Cost Alternate Sanitary Sewer Laterals $141,894 $174,650 Street Reconstruction 165,363 108,334 Lift Station and Forcemain 117.532 117.532 Totol $424,789 $400,516 Estimated Cost / Unit Estimated Cost $424,789 Number of Services Cost / Service 15 $28,319 The cost per service using the alternate design would be $26,701 and does not include operation and maintenance costs of the grinder stations. OMONO. UMNCSOTA SAMTART SCWCR IMPROVEMENTS 1/31/*T cto ^ 3 8P 0) 2k 3 3 (D0)O ?f ► ill w V.o m ?3 > o ►TJo PO H no n ^ D C ^ ^tfc Kl OO ro K» */» S.O tu a roro Oo\ ro r>j O to r *v O Pd H ►- VO 00 -o O K> 9 • • X >! O ________>O Ov to Q O m n V o srg 2 S tn C p„pa to Ov tj%<o» o Oo ?c 3 Ooc 3 5 cn e • ^B g do* S ^ s « § CO “ov to Oi rft < POo&) Q. (/) H to Mi *-• fi> . 0_ o 3II r »-42. n 3 w ^ ^ • »p2 -s-go r* 5r o oo •dr Pi>o Hc; o c CO u> to CO CO Pdono 2 Pd CO o >• So o 8. °CL O R .X. H CO I ? B XO Oo •3 d ;> Pd O O * 1 CO CO -tL CO > ■ ■ ^ 50 M w^ ^ o•s B.< to ^ no >! COw H d CO CO COs*5 CO to to VOto n (U(/»oo an O 3 do pd H CO 2. E> O OQ 3*cro •-I 3- O O CL t/i to o oo V o V. oov> S3 8 S 3* 3<3 o '*1 2 -d M Pd < rt Pd O r* oPr* ov • • COo <(u d a o O•-n 3 C n < o § <% 'Z 0 & 1 *1o n< s- =■ 2 • Q n COr> n>•n CO D 2. :? m c« I rn w I docr 5 *5 5^a ^ p> M >ow § > O w^ I > O' 2.“ —• f? c 2. _ CL ^ 3T •-. o -« 7 3* 3 Cb 3' O ^ O d d pd p^ no o' <T> ? g oo 2 § > > 3 O.Eo CO ?r " i:.»>-« CL * ??__ 2 Ms (U ^ S. 3s s- >o °z°iOg o a §”5so S QP o*a 5 n m S gS r-^ tr tj oc to CO W 0 1 S’ c p» d 8 .? > ' d Wd 5 3 pj »< d ft) •-1(/)o 3 O 3 COn o M N P>sr 5 s p> n o 0o 3(/»S’ d ►n pda d 0 n 1€ > a Cf» W CO t3cJ C» wv* 3.<^3 2o g. « § P* "■ 2 • 2 2 3S 2 - 0 d PiSg Kl COs g s "* o srC. «/» H)2§H ^jhlI O 3 f» 3J2. Ctq P> #M% fll ^1.^ c==n OQ S; 2 d o,3: CL T7./ L—X- Vc REQUEST FOR COUNCIL ACTION 7 ^0 DATE: February^/aJ97 Updated 3-5-97 ITEM NO.: ^ ^ Department .\pproval:4^^Administrator Reviewed: Name Michael P. Gaffron Title Asst. Planning & Zoning Administrator Agenda Section: Zoning Item Description: #2202 Hennepin County Department of Transportation - County Road 15 Reconstruction - Variance/Conditional Use Permit - Resolution Zoning District: LR-IA/RR-IB Application: Hennepin County Department of Public Works requests a conditional use permit and variances for alteration of existing wetlands in conjunction with reconstruction of County Road 15 from Orono Orchard Road in Orono to Hillside Drive in Wayzata. This project involves the filling of City protected wetlands, filling of designated flood plain areas, and filling in excess of 100 cubic yards. List of Exhibits A - Resolution B - Planning Commission Minutes 1/21/97 C - EAW Guidelines D - Memo and Exhibits of 1/17/97 Discussion Please review the memo and exhibits of January 17th. Briefly, Hennepin County is requesting approval for filling of 1.2 acres of DNR protected wetlands and 1.1 acres of other wetlands protected by the Wetland Conservation Act. All of these wetlands are protected under Orono's ordinances which prohibit filling of wetlands. Also, there will be approximately 1.2 acre feet of flood plain impact (i.e. filling in areas below the flood plain elevation of 931.5'). Wetland mitigation for the 1.2 acres of DNR wetland is proposed to occur via the creation of 1.3 acres of new wetland in the Painter Creek watershed adjacent to County Road 6 in Independence. The 1.1 acres of Wetland Conservation Act protected wetlands, over which the MCWD has been _______ Request for Council Action continued page 2 of 4 February 4, 1997 (Updated 3-5-97) Zoning File #2202______________ given Orono ’s regulatory authority, is proposed to be mitigated by Hennepin County paying $38,626.00 towards a regional storm water ponding facility which MCWD will be constructing in Excelsior. MCWD’s basis for that mitigation location is that the pond site in Excelsior is within the same "subwatershed" as the County Road 15 project. Apparently, watershed areas adjacent to Lake Minnetonka and on most of its shoreline are all considered as a single sub watershed. The flood plain mitigation is required on a one-to-one basis, and the County will mitigate the flood plain filling by removing the "Ferndale cutoff and reverting that area to flood plain/wetland. Additional flood plain mitigation will occur in the newly constructed ditches parallel to the roadway. A conditional use permit is required because the project involves grading and filling in excess of 100 cubic yards and within flood plain/wetland areas. hardcover percentages and square footages have nm been calculated. Staff has not included a hardcover variance in the context of this application. Planning Commission Recommendation Planning Commission reviewed this application at their January 21st meeting and on a vote of 4-0 recommended approval as follows: 1.The City should grant the wetland filling variances for this project based on the public benefits of the project. Planning Commission felt the public interest is significantly served by this project, and that the County has taken the necessary steps to mitigate the negative environmental impacts due to loss of wetlands. 2.Planning Commission expressed concern about the wetland mitigations occurring outside of Orono for both the DNR and WCA wetlands. Planning Commission encouraged Council to pursue the designation of mitigation sites in Orono so that funds garnered by MCWD for mitigation purposes can be used for Orono projects. 3.Planning Commission was advised by staff that our storm water plan when completed will provide the City with a stronger basis to make conclusions about the functions and values of specific wetlands, but the City has not yet attempted to define their functions and values. Planning Commission accepted the wetland filling on the basis that the County Request for Council Action continued page 3 of 4 February 4, 1997 (Updated 3-5-97) Zoning File #2202 4. will be maintaining proper drainage and that the majority of wetlands to be impacted are adjacent to existing County Road 15 and railroad right-of-way where their loss is likely not as critical as might be the case with other wetlands in the City. Planning Commission agreed that City approval should be conditioned on applicants obtaining all the necessary permits from other regulatory bodies. Staff Recommendation Statf generally concurs with the conclusions of the Planning Commission, and staff recommends approval of this project, with the following items for Council discussion: Should the City pursue an early agreement with MCWD regarding the use of Orono- generated mitigation funding for Orono projects? rg»ggjriiia i ■ n lyiar m - * • Given that any significant delays in approval of the County Road 15 project rnay'reSlilt ’fti’P'^--^-^ • it not happening at all, will Council accept Hennepin County’s current mitigation plan? Staff was advised by the DNR just prior to the Planning Commission meeting, that this project is subject to a mandatory Environmental Assessment Worksheet (EAW) due to the total amount of wetland filling occurring. That EAW process is underway. However, the 30-day comment period will not be completed until Wednesday March 12, with a final EIS decision by the County still a few weeks away. EQB regulations prohibit cities from granting final approval of a project until the EAW process is complete (see Exhibit C). Council has two options: 1.Delay adoption of a formal resolution of approval until the EAW process is complete; or 2. Adopt a resolution that grants conditional approval subject to: a. The City reserves the right to reconsider if the EAW process results in changes in the project or mitigation measures that would reduce or avoid environmental impacts that are disclosed through the EAW process. b. City approval is conditioned on the completion of the environmental review process in accordance with State statutes. c.The City's conditional approval shall not preclude any other governmental Request for Council Action continued page 4 of 4 February 4, 1997 (Updated 3-5-97) Zoning File m02 unit from denying approval of the project or choosing another alternative or the "no build alternative" over the project as proposed because of environmental reasons consistent with State law. The attached resolution incorporates these conditions. If Council concludes that such a conditional approval is appropriate in this case. Council should consider vti'i'ther and under what circumstances conditional approval "pending EAW process completion" is generally appropriate, in light of fumre similar requests (the Spring Hill EAW comes to mind). Staff has drafted a resolution for approval incorporating findings of fact regarding the County Road 15 project, conditions for variance/CUP approval, and including conditions requiring EAW process completion prior to issuance of the required land alteration permit. COUNCIL ACTION REQUESTED: -~r »'-•I-* T Adopt the attached resolution^ make revisions to its wording if•appropriate^.*-^-:T?^f‘^~^»j^^'2™^ , seconded by , to adopt ResolutionProposed motion: Moved by if granting variances for filling of wetlands and flood plain areas, and granting a conditional use permit for land alteration, for Hennepin County Department of Public Works for the County Road 15 improvement project. Vote: ____ayes,___nays. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.56, SUBDIVISION 16 (J) AND (K) AND 10.55, SUBDIVISION 8 AND GRANTING A CONDITIONAL USE PERMIT PER SECTIONS 10.03, Sl'BDIVISIONS 19-21 AND 10.55, SUBDIVISIONS 8-14 FILE NO. 2202 WHEREAS, Hennepin County Department of Public Works (hereinafter the "applicant") has jurisdictional authority over County Road 15 within the City of Orono (hereinafter "City") and will be acquiring an interest in certain adjacent properties as necessary in order to reconstruct portions of County Road 15 from the eastern boundary of the City of Orono westward to a point approximately 700 ’ south of the County Road 15/Orono Orchard Road/Orono Lane intersection; and WHEREAS, the applicant has made application to the City of Orono for a variance to Municipal Zoning Code Sections 10.56, Subdivision 16 (J) and (K) and 10.55, Subdivision 8 to allow the filling of City designated wetlands where no such filling is normally allowed, and for a conditional use permit per Sections 10.03, Subdivisions 19-21 and 10.55, Subdivisions 8-14 to allow land alterations in excess of 100 cubic yards and within and adjacent to protected wetland and flood plain areas. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File ^2202. The project site is located primarily in the LR-IA Single Family Lakeshore Residential Zoning District and partially within the RR-IB Single Family Rural Residential Zoning. 3.The Orono Planning Commission reviewed this application on January 21, 1997 and recommended approval of the proposed variances and conditional use permits based on the following findings: Page 1 of 8 A. B. C. D. E. The applicants propose to fill 1.2 acres of wetlands under the concurrent jurisdiction of City of Orono, the DNR, and the Minnehaha Creek Watershed District as the City’s designated local unit of government under the Wetland Conservation Act. An additional 1.1 acres of wetland subject to City of Orono and MCWD/WCA protection but not under DNR authority, will also be filled. The majority of the wetland impacts are a result of filling the long narrow wetlands occurring in the ditch area between the existing County Road 15 roadway and the railroad tracks to the north. In addition, there will be minor impacts to the larger wetland located at 1410 Shoreline Drive, and minor impacts to the wetlands just west of the West Ferndale Road entrance at 1195/1205/1225 Shoreline Drive. The i some filling is small compared to the total area of those wetlands. Wetland No. 1 (as designated in the applicants’ plans) at 1410 Shoreline Drive is 10.1 acres in area, of which 0.12 acres will be impacted. The area of WetlarJ '^lo. 7 at 1225 Shoreline Drive is approximately 0.8 acres of which approximately 0.02 acre will be impacted. Wetland No. 8 is approximately 1.3 acres of which 0.05 acres will be impacted. A much larger percentage of the linear wetlands between the roadway and railroad tracks will be impacted, experiencing significant filling which will leave those wetlands narrower and likely appearing more like road ditches than wetlands. Wetland replacement for the 1.2 acres of impacted DNR wetlands will be via the creation of 1.3 acres of new wetland in the Painter Creek watershed adjacent to County Road 6 in the City of Independence. The 1.1 acres of impacted WCA protected wetlands will be mitigated per BWSR and MCWD requirements at a site in Excelsior at some future time, and the applicant is required by MCWD to pay $38,626.00 towards that regional storm water ponding facility. The project results in 1.2 acre feet of flood plain storage loss, which will be mitigated on a one-to-one basis by removing the roadbed of the Page 2 of 8 m F. "Ferndale cutoff" located east of the intersection of West Ferndale Road and County Road 15, and by additional i.iad ditches to be created adjacent to the new roadway. Municipal Zoning Code Section 10.56, Subdivision 16 (J)(5a) requires that the City give consideration to the functional qualities of the wetlands being filled in relation to sediment and pollutant trapping and retention, storage of surface runoff to prevent or reduce flood damage, fish and wildlife habitat, recreational use, shoreline or bank stabilization, and noteworthiness. Planning Commission finds that despite the absence of a City inventory defining the functional qualities of specific City wetlands, the proposed impacts on functional qualities of the wetlands proposed to be filled will be relatively minor in relation to other wetlands in the City, and that the County has addressed the City ’s concerns via mitigation as well as erosion and sedimentation control measures.-. ^ yiX mi m •vT * » ■ • V • •.toss G. H. I. Applicants have submitted a detailed erosion control plan including revegetatior. plans which Planning Commission finds acceptable. Applicants have made the appropriate permit applications to other governmental agencies including the Minnehaha Creek Watershed District, the Minnesota Department of Naniral Resources, and the U.S. Army Corps of Engineers. Further, applicants are in the process of preparing an Environmental Assessment Worksheet (EAW) which is required for this project. Because the applicant is the Responsible Government Unit (RGU) for the EAW process and because the applicant by virtue of applicant's status as a governmental body has an understanding of the conditional nature of this approval pending completion of the EAW process, conditional approval is appropriate. This project is necessary in order to improve public safety by providing turn lanes and paved 8’ shoulders on County Road 15. Applicants have reviewed the 'no-build' alternative and find that a 'no-build' alterative is not feasible due to safety concerns. The project will maintain the current road alignment with only slight modilications, including expansion of the Page 3 of 8 r 4. 5. paved roadway northward approximately 10' from the current paved surface. This minor shift in alignment allows the minimization of wetland filling impacts to Ferndale Marsh, an important protected wetland south of and adjacent to County Road 15 in the Cities of Orono and Wayzata. J.The Planning Commission finds that, while this project results in an unusually large area of wetland alteration as compared to private wetland alteration projecii approved by the City in the past, the public nature of this project is one of the primary factors supporting its approval. The City Council approved the construction plans and layout of this project on December 9, 1996. The City Council finds that the facts and conditions applying to this project are peculiar to this project and do not apply genmlly to; _____ or RR-IB Zoning Districts; that granting the variances would not adversely affect traffic conditions but will in fact enhance traffic safety, that granting the variances would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty that is public rather than private in nature; that approval is necessary to preserve the public health, safety and welfare; and approval would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional r'e permit to allow alteration of wetlands in Hood plain areas and the proposed filling in excess of 100 cubic yards will not he detrimental to but will enhance the health, safety or general welfare ot the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding properly values, and th.it the project as proposed wi'l be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby Pace 4 of 8 J grants variances to Municipal Zoning Code Sections 10.56, Subdivision 16 (J) and (K) and 10.55, Subdivision 8 .o allow the filling of City designated wetlands where no filling is normally allowed, and for a conditional use permit per Sections 10.03, Subdivisions 19-21 and 10.55, Subdivisions 8-14 to allow land alterations in excess of 100 cubic yards and within and adjacent to protected wetland and flood plain areas, subject to the following conditions; 1. 2. 3. • ,1J .i.'. - ■ 'i 4. 5. Applicants shall obtain a land alteration permit from the City of Orono prior to commencement of this project. Applicants shall adhere to the construction plans approved by the City Council on December 9, 1996, a set of which plans are of record at the City offices. Applicants shall adhere to the approved erosion control rJ ' and shall use Best Management Practices during all phases of constructioiv. 'i Applicants shall obtain the necessary approvals from other government agencies prior to commencing the project, and shall complete the mitigation measures in a timely manner as proposed. Because this project is subject to an Environmental Assessment Worksheet process which has not been completed at the time of adoption of this resolution, this approval is specifically conditioned as follows: A. This approval does not preclude the imposition of changes in the project or mitigation measures that would reduce or avoid environmental impacts that are disclosed in the EAW, comments received on the EAW, the EIS if an EIS is prepared, and comments received on the EIS; B. This conditional approval shall not and must not prejudice the decision on the need for an EIS, and therefore this approval is conditioned on completion of the environmental review process in accordance with Minnesota Rules Part 4410.3100, Subpart 1 rather than on the decision that an EIS is not necessary; and C. This conditional approval shall not and must not preclude an ultimate Page 5 of 8 6. 7. 8. decision by the RGU or any other governmental unit to deny approval of the project pursuant to Minnesota Statutes Section 116 (D.04), Subdivision 6 in the event that the EIS should reveal that the project would be likely to cause "pollution, impairment, or destruction" of the environment and that there is a "feasible and prudent" alternative to the project. This conditional approval shall not preclude the RGU or any other unit of government from choosing another alternative or the "no build" alternative" over the project as proposed because of environmental reasons consistent with State law. D.The City shall not issue a land alteration permit for this project until such time that the environmental review process is complete. E.The City of Orono reserves the right to review this conditional approval should the City find that there are significant changes to the project proposed as a result of the envmfmfiteiitaf'icwg Authorities granted by this resolution are permissive only and must be exercised by application for land alteration permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (February 10, 1997). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of Hennepin County. Page 6 of 8 J Adopted by the Orono City Council on this 10th day of March, 1997. i ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor • *» i.—V Tr-- -ts- STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 10th day of March, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 4 Notary Public Page 7 of 8 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public -^STATE OF MIhmESOTA-'7)f5rt*^ ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 8 of 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 (#5 - #219^ Rick’s Super Vau - Continued) Mabusth revved the green space issues. The detention pond vnW be reviewed^' Staff. The exterior lo^ of the building was discussed. Schroeder said he felt it >vas difficult to ask for a certain l^k. McMillan questioned who would make the decision on what the building would lookike. Smith asked that some criteria be ^ven. Bldomquist said he understood the need tt\make visual or cosmetic changes. / Schroeder added to the m^on that there would be a fhiitail iicussion between Staff and Applicant regarding the building exterior. Vote: Ayes 5, Nays 0. (Hawn left the meeting at this time. (#6) #2200 MR. AND MRS. WILLUM El£lS, 2435 P VARIANCES - PUBLIC HEARING 11^13-10:18 P.M. X \ 2435 NORTH SHORE DRIVE - / The Affidavit of Publication and Certificate (flailing were noted. / X. .. The applicant wasjepres^ted b/Rob§!t l^rCj. \ /The applicant has a contract to purchase the propert;^n order to construct a new residence within the approximate footprint of the existing residence. The lot is non- conforming by the standards of the 2-acre zoning but wa\platted prior to those zomng regulations. The proposed construction would require variances to lot area, lot width, side setback, and hardcover. The same setbacks are propose as exist today at 16.2' and 13 5’ The hardcover exists at 36.6% and is proposed at 36.5/o within the 250-500 setback. There is no structure within the 75-250' setback. MabWh noted that the lot width and lot area variances are a renewal from a December 1995\^proval of a replat. There were no public comments. S^roeder moved, Lindquist seconded, to approve the construction of a ne^ residence limited to the existing parameters. Vote; Ayes 4, Nays 0^_____________________ V (#7) #2202 HENNEPIN COUNTS' DEPARTMENT OF PUBLIC WORKS, COUNTY ROAD 15 IMPROVEMENT COMMENCING AT ORONO ORCHARD ROAD INTERSECTION EAST TO CITV' LINE - CONDITIONAL USE PERMIT and VARIANCES - PUBLIC HEARING 10:18-10:52 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 (#7 - #2202 County Road 15 Improvement - Continued) GafFron reported that the request by Hennepin County's Department of Transportation is for a variance to fill wetlands and for a conditional use permit for filling in excess of 100 cubic yards. This project is in conjunction with the expansion and s^ety improvemerns to County Road 1 5 from Orono Orchard Road in Orono to Hillside Drive in Wayzata, T e wetlands received City wetland designation in the 1974 inventory. An updated inventory is now under way. The wetlands affected are located between the railroad tracks and CoRd 15 on the west side as well as several smaller areas. The roadway will be moved 10-12 ’ north from the existing road bed to avoid impact to the Femdale Marsh area Gaffron referred to the impact maps of Exhibit K. The 2.3 acres of wetlands to be impacted are under the City jurisdiction as well as the DNR and MCWD. The County has made application for permit from the Corp of Engineers The 1.2 acres under the DNR's jurisdiction is awaiting completion of the en^ronmental assessment worksheet process According to Ceil Strauss of the DNR, the mitigated site is along CoRd 6 in Independence. The 1.1 acres of wetlands under the Conservation Act has been reviewed by the MCWD, who has issued a permit. They have determined that there is no place in the project area for mitigation and has accepted a $38,000 contribution for a ponding area in Excelsior, which is in the same sub-watershed. The 1.2 acres of flood impact overlaps the i^ii n i the "Ferndale CutofT for use by the County for the road impact. Gaffron said he is of the opinion the other agencies will approve the wetland filling as the MCWD has already done. It is up to the City of Orono at this time to determine whether it is in favor of filling the 2.3 acres to accomplish the safety enhancement and improvements of County Road 15. He noted the last project to receive such an extensive wetland alteration approval was McCulley Road in 1980. Staff recommends approval of the County’s provisions for erosion control crd construction plan The City Engineer has not specifically reviewed the plan as of yet The layout was approved by the Council in December. 1996. Gaffron reported that the Staff is recommending approval with a number of questions to be considered. Should the City grant what is a substantial wetland filling y '; -ance for this project based on the public need for the project, and does the pu! • in’erest served distinguish this project from similar private projects whid :-v •’ oropose significant wetland filling? Should City approval be conditioned on applicants obtaining all the necessary permits from the other regulatory bodies? Gaffron remarked that yes, that condition should be made. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 (#7 - #2202 County Road 15 Improvement - Continued) Should the City accept the concept of mitigating impacts to Orono wetland via wetland/stormwater projects in other cities or in other subwatersheds? How does the Planning Commission feel about payments for future oflf-site 'nitigation in lieu of concurrent on-site mitigation? Does the Planning Commission feel more information about the functions and values of these wetlands should be provided before a final decision is made on this project? Would the Commission prefer to review the EAW before reaching a conclusion? I Gafiron noted the City has not required mitigation in the past as it is a relatively new law. He did note that other agencies are allowing mitigation. He questioned whether the City should approve the project before the EAW process is complete. Gaffron reported that Staff supports the application as it sees the need for the update of CoRd 15 and conceptually recommends approval and asks the Commission to consider the issues presented. Lindquist asked Bruce Polaczyk if as County representative, he had any comments to make. Polaczyk referred to Joel Settles, wetland e.xpert for the County. .Settles reported^........... that all impacts from the project will be replaced abovea 1..1 ratio witfun.thc^ajn^subi. .... watershed, though not necessarily in Orono. He noted mitigation will occur in Painters Creek in Independence and in Excelsior. Schroeder was informed that the decision where the mitigation would occur came about from the State Statutes which allows for replacement within the County, preferably within the same watershed but requiring local approval. Schroeder voiced concern with approval of additional pavement when the City has strived to reduce any hardcover which would impact the lake. He noted that approval of this application greatly outweighs the mass of single hardcover applications for such improvements as decks and driveways on lake shore properties. Gafifon noted that Settles had met w'ith the City years ago to discuss much of the same issues as Schroeder is bringing up. Smith asked why the sites in Independence and Excelsior were decided upon. Settles noted that the sites are in the same watershed and payment is allowed in lieu of on-site mitigation. If there is no room for mitigation, contribution for creation of a pool is allowed which would allow the most treatment for the contribution made. He noted that Excelsior is the only city with an agreement for regional ponding. Orono has not come to a w'ritten agreement as of yet. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 (#7 - #2202 County Road 15 Improvement - Continued) Smith asked what impact the filling of wetlands would have on the wild life in the area. Settles said the reports indicate there will be no impact noting the land is only a long, narrow strip. Smith inquired if there would be any detours or rerouting of traffic. She was informed that the construction would be staged such as half the road would be built at a time allowing for on-going two-lane traffic by use of one lane and the shoulder. McNfillan questioned the surcharging. Guy Knowlan said the surcharging will make use of a select granular sand, which over an approximate 6 month period of time will compress the air and water out of the material to allow Class 6 and bituminous to be laid over it. The north side would be affected 1.2 meters and driveways will be left lower to accommodate the surcharging. There were no public comments. Gaffron informed Lindquist that the Council is considering a ponding agreement but does not wish to delay the project. Polaczyk noted the construction cooperative agreement between Hennepin County and Orono states such language regarding maintenance and funding participation between explained the costs regarding right-of-way and construction as well as the City contribution of the Ferndale Cutoff for mitigation. Schroeder moved, Lindquist seconded, to recommend approval of the CUP and variances for alteration of existing wetlands in conjunction with the reconstruction of County Road 15 from Orono Orchard Road to the eastern border of the City with the recommendation that the Council pursue alternate mitigation sites. Vote: Ayes 4, Nays 0. SKETCH PLAN/CONCEPTUAL REVIEWS (#8) #2203 TED WOLF, 900 WILLOW DRIVE - SKETCH PLAN REVIEW FOR PROPOSED CLASS III SUBDIVISION The applicant was represented by Mark Gronberg and Mike Hilbelink. Prohibitions on Governmental ^I?rovals and Construction Until After Review is Completed Nlinn. StaL, section ll6D.0t, subd 2b (1988) declates that if an EAW or EJS is required for a project, the project may not be started and no final governmental decision may be made to grant a permit, spprove the project, oc begin the project, undt 1. A peiinon is dismissed; 2. A negative declaration on the need for onEIS has been trade; 3. An EIS has been determined adequate; or 4. A variance has been granted by the EQB. The same piohibidon is iqxaied in the EQB rules at part 44103KX). Ihe reason for these ptohibidons is (hat ance the purpose of environmental review is to make better informed decisions, (he purpose of the process would be subverted if any decisions which were to be informed by the informadon disclosed in the process are made before the process has been completed. The EQB staff fiequetuly recdves tw'Q fluestkwSjabout iris proviaQo: 1. At what point in time does the proPaltition end • at tite moment cf thededddiror upon notki cf the ~ r>\u- decision being given? The answer is that the prohibition ends at the moment of the decision. Final decisions on permits and other forms of approval can be made at any time cfterwards, even later at the same meeting. 2. Which governmental actions are cotaidered to be "final" decisions to grant a permit or approval for a project? "Final" here has the meaning "not to be altered or undone" rather than the meaning "last in time." Included, therefore, is arty discretionary step in a multi-step approval process f that step is actually conveying rights to the proposer ard is rot subject to further review or change by the governmental authority. Exatnples include preliminary plat approvals (under Minnesota law certain rights are conveyed to the devebper in the appro'val of a preliminary plat and therefore it is a decisbn of a final nature); final plat appro\als; conditioral use permits; and may include zoning decisbns f th.e decisbn is associated Mih a specfic project and concept plan approval f development rights are conveyed through that approval under the applbable ordinances. Permits and j^^ro^als include virtually any disercdonary acdon that any unit of go\emment makes regarding a particular project which endtlcs the project to proceed or which assists the project to proceed, irKluding finarrcial subsdics or other assistance. Conditional Approvals The EQB staff is ficquently asked if an RGU can grant an a^ioval if the approval is conditional pending compledon of the environmental review process. It is the opinion of the EQB staff that such condidonal approvals arc allowable \f they ate properly done and if the proposer clearly understands that, undl al the Mini 11 conditions have been met, no approv-al has actually been given, and he or she cannot rely on the conditional jqjprovaL A conditional approval must be understood as merely an indication that the RGU views the project favorably based on the knowa information; it conve>s no development rights until all conditions have been fulfilled. A conditional tpproval can not alter any substansive requirements of the environmental review process - only a variance fiom the EQB (as dicussed below) can aUow for that The RGU should include these three provisions in the terms of the conditional approval and directly communicate these provisions to the proposer 1. The conditional approval must not preclude the imposition of changes in the project or mitigation measures that would reduce or avoid environmental impacts that are discbsed in the EAW, comments received on the EAW, the EIS (f an EIS is prepared), and comments received on the EIS; 2. The conditional approval must not prejudice the decision on the need for an EIS, and ther^ore the approval should be conditional on the completion of the environmental review process in accordance with part 44103100, subpt. 1 (as quoted above) rather than on the decision that an EIS is not necessary: and 3. The conditional approval must not preclude an ultimate decision by the RGU or any other governmental unit to deny approval of the project pursuant to Minn. Stat., section 116DJ04, subd. 6 in the event that an EIS should reveal that the project would be lixely to cause "pollution, impairment, or destruction" of the environmental and that there is a "feasible and prudenf' alternative to the project. Another way of saying Jus is tlxu the conditional approval must not preclude the RGU or another unit from choosi ni anotl',er.alt> over the project as proposed because of errviro nmenit^mtsoMcm Public Projects A new provision was added to the rules in 1988 at port 44103100, subpart 2 explicitly stating that publie project proposers may not take any action prior to the completion of environmental review which may prejudice the ultimate decision on the project; this prohibition may include the acquisition of property. (It is the EQB stafiTs belief that this provision was fomeriy imi^it in the program and is necessary to implement the intent of the statutes.) .An action is considered to prejudice the uldmaie decision if it tends to limit alternatives oc mitigative measures or to predetermine that subsequent development will occur - in other words, any action which tends to make one option (including the option of not binlding the project) mote or less likely to be chosen th'>n the xtion did not take place. 12 Variances Under certain extreme circumstances, the EQB may grant a variance that allows limited approval and construction to begin on a project prior to the completion of the environmental review process. The requirements and procedures for granting a variance are detailed at subpans 4 to 8 of part 44103100. The project proposer bears the burtfcn of demonstrating to the EQB that the conditions specified in subpart 6 exist In addition, the RGU must concur with the varience request Anjone contemplating requesting a variance is advised to consult with the EQB staff as stxm as possible to discuss time schedules and information needs. 7. TO:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City AdministratO'’4 »ROM:Michael P. Gaffron, Administrative Projects Coordinator H DATE-Januaiy' 17, 1997 SUBJECT: #2202 Hennepin County Department of Transportation - County Road 15 Reconstruction - Variance/Conditional Use Permit - Public Hearing Zoning District: LR-IA/RR-IB. Application: Hennepin County Department of Public Works requests a conditional use permit and variances for alteration of existing wetlands in conjunction with reconstruction of County Road 15 from Orono Orchard Road in Orono to Hillside Drive in Wayzata. The project involves the filling of City protected wetlands, filling of designated flood plain areas, and filling in excess of 100 cubic yards. 1 Pertinent Code Sections • • • ••• * «**^*»-» « mm • •••■-----------------■ i-------. « » 1. 10.55. Subds. 8-14 (Flood plain and wetlands management ordinances). 2. 10.56. Subd. 16(J & K) (Shoreland management ordinance). 3. 10.03, SuVds 19-21 (General land alteration regulations). List of Exhibits A - Staff Overview of Wetland Regulation B - Application C - Plat Map D - Project Description Narrative E - MCWD Permit F - Multi-Agency Project Notification Form G - Property Owners List H - Supplementaiy Application Information and Narrative 1 - Wetland Locations Map (Sheets 1- 2 of 18) J - Welland Delineation Maps (Sheets 3-8 of 18) K - Wetland Impact Maos (Sheets 9-14 of 18) L - Grading and Removal Plan (Sheets 19-23 of 187) M - Construction Plan (Sheets 25-29 of 187) N- Femdale Cutoff Mitigation (Sheet 181 of 187) O - Flood Plain Impact/Mitigation Narrative and Calculations Zoning File #2202 January 17, 1997 Page 2 P - Storm Water Runoff Narrative and Calculations Q - Erosion Control Narrative and Plan Excerpts (Sheets 62-67 of 187) R - Orono 1975 Wetlands Map S - Orono 1997 Wetlands Inventory (in progress) T - National Wetlands Inventory’ Map U - DNR Protected Wetlands Map V - Soil Suney Map W - Area Topography Map X - Pertinent Code Sections Background Hennepin County is requesur.g the appropriate City permits and approvals to allow the total reconstruction of County Road 15 from just west of its intersection with Orono Lane, eastward to the easterly outlet of Hillside Drive in Wayzaia. a total distance of approximately 1 mile. County Road 15 abuts Ferndale Marsh and other wetland areas, a number of which will be impacted by the proposed reconstruction. A major reason for these impacts is proposed widening of the roadway approximately 10-12 ’ northward to accommodate center turning lanes .and liiiulihg^.DOte^ia^t .i^i^j^.^ construction impacts to Ferndale Marsh. This 10-12' expansion rcquir^lling oN:2 —■ 7 -V protected wetlands and 1.1 acres of other wetlands protected by the Wetland Conservation Act (WCA). It appears that most if not all of the wetlands delineated in the Orono corporate limits of this project were !J.. -’'iicd in the City's 1975 wetlands inventory mapping. These wetlands are therefore protectc-’ b> City ordinance from filling or other alterations. Similarly, portions of the wetland areas t« i»e filled are within designated fiood plain areas below elevation 931.5’, and in Orono and Wayzata constitute approximately 1.2 acre-feet of fiood plain impact. The County is required to mitigate this impact on a 1 to 1 basis. A portion of that floodplain mitigation will occur in newly constructed ditches paralleling roadway, and partially by removing the "Ferndale Cutoff (east of the intersection of West Ferndale Road and County Road 15) and reverting that area to flood plain/wctland. Basis/Timing of HCDOT Application The majority of past Hennepin County road projects in Orono have involved only minimal if any expansion of the roadbed and have not resulted in the filling of wetlands. That makes this projeci not only unique but subject to environmental permits from a number of government agencies including the Minnesota Department of Natural Resources, the Army Corps i *' Engineers. Minnehaha Creek Watershed District, and local cities. This County Road 15 project has been in the works for more than two years, and the City of Orono adopted a preliminary layout as early as October 1995. In mid-i996 the original layout was shifted northward and this was reviewed by the Council in August 1996. with the alignment receiving City Council approval in December 1996 at»sent any input from the City Engineer or B&Z staff. Zoning File U 2202 January 17, 1997 Page 3 In November 1996 HCDOT applied for the various agency permits required, and it became clear during the i. . st recent City review process that City protected wetlands and flood plains would be impacted, hence this application. While the City Council has approved this layout, it is appropriate that the City review the flood plain and wetland impacts and give formal approval of how those impacts will be mitigated. Wetland Impacts Please review Exhibits 1 and J. Exhibit I is a series of maps she Ing the boundaries of wetlands adjacent to the roadway. Exhibit J shows the areas of those wetlands that will be permanently impacted by the road reconstruction. The majority of the wetland impacts are a result of filling the long narrow wetlands occurring in the ditch area between the existing roadway and the railroad tracks to the north. In addition, there will impacts to the larger wetland to the west of "Molly's Comer" at 1410 Shoreline Drive, as well as minor impacts to the wetlands just west of the West Ferndale Road entrance at 1195/1205/1225 Shoreline Drive. The impacted area of thethree non-linear wetlands whiclrwflf^xperierice'some fillingns^fhaU--*'^ compared to the total area of those wetlands. Wetland No. 1 at 1410 Shoreline Drive is 10.1 acres in area, while the impacted area is about 0.12 acre. The area of Wetland No. 7 at 1225 Shoreline Drive is approximately 0.8 acres of which approximately 0.02 acre will be impacted. Wetland No. 8 is approximately 1.3 acres of which 0.05 acres w ill be impacted. A much larger percentage of the linear wetlands between the roadw'ay and railroad tracks w411 be impacted, experiencing significant filling which will leave them narrower and likely appearing more like road ditches than wetlands. Wetland replacement for the 1.2 acres of impacted DNR wetlands is proposed to be via the creation of 1.3 acres of new wetland in the Painter Creek watershed adjacent to County Road 6 in Independence. The 1.1 acres of impact to WCA protected wetlands is proposed to be certified foi replacement by the Minnesota Board of Waters Soil Resources (BWSR) per State regulations. Since the City of Orono has designated the Minnehaha Creek Watershed District as local government unit for administration of the Wetland Conservation Act, the Watershed District is given authority to approve this proposed mitigation plan w ith respect to stomi water impacts. Staff is advised that the Watershed District has approved the Hennepin County plan, noting that there is 0”^ area available near the project site suitable for mitigating the storm water impacts, and is therefore conditioned approval on payment of $38,626 towards a regional storm water ponding facility whicli MCWD will be constructing in Excelsior. Zoning File #2202 January 17, 1997 Page 4 Floodplain Impacts The project results in 1.2 acre-feet of floodplain storage loss, which must be mitigated on a 1 :1 basis. The County proposes to do this be removing the roadbed of the 'Ferndale Cutoff . and old roadway connection between West Ferndale Road and Co. Rd. 15. This will create new' floodplain, and, in conjunction with the new road ditches to be created, is intended to meet the 1:1 mitigation requirement. The City Council has approved this plan. Erosion Control Applicants have submitted a detailed erosion control plan including revegetation plans. These are shown in Exhibit M. Discussion This Hennepin County project is ncecssaiy in order to reconstruct County Road 1 5 in a manner that will incorporate new- safety features and bring this roadway up to current standards. The City Council cle:;rly feels that the project is necessary, from a public bealth/g^igy ^/^ycl^jlaodpoin and. has approved the proposed construction plans; The flood plain impactST'stOfmrwafef impacts^and wetland impacts have been defined from a volume and area standpoint. The County has submitted plans for mitigation of those impacts to .'v appropriate agencies for approval. From my discussions with other agency representatives today, it appears the other agencies all are supportive of this project and have issued or will issue permits. Conceptually, staff has no problem with filling these specific wetlands in order to accomplish the necessary road construction. And. staff nas no conceptual problem with the idea of mitigating the filling at a site outside the City as long as it is in the same subwatershed. We need to think globally. Nevertheless, this is an unusual situation in that the City w ould allow 2 acres of w etland to be filled for this project, whereas it is unlikely that this much cumulative wetland acreage has been filled in the enti.e City over the last 3 decades (save for the McCulley Road project in 1980, which had similar public interest aspects). Planning Commission should consider the possible precedent-setting aspects of this approval. The City has yet to come to an agreement w ith MCWD regarding payments in-lieu-of on-site ponding for both wetland and stormwater impacts. The City has a history of opposing filling of wetlands except for projects clearly in the public interest or where property ow ners have no other options for legal access. It is unfortunate that the City has not yet completed its stomi wate planning, which could ha\ e made this review more thorough and comprehensive. The comprehensive storm water plan when completed w ill give the City a clearer understanding of how these wetlands interact both Zoning File #2202 January 17, 1997 Page 5 hydraulically and functionally within the area drainage system, but without such information it is difficult to reach any meaningful conclusions. Further, since the City has adopted Shoreland ordinances that suggest that prior to filling the wetland there should be an analysis of the specific value provided by that wetland, but since the City has never completed an inventory of wetland values for specific wetlands, again it is at this point rather subjective to reach a meaningful conclusion. Staff Recommendation In the interest of not holding up a necessary project and with a basic conceptua. feeling that filling these wetlands will not ultimately be a negative thing for Orono, staff recommends approval, but with the following topics suggested for Planning Commission to discuss either generally or in relation to this project: Should the City grant what is a substantial wetland filling variance for this project based on the public need for the project, and does the public interest served distinguish this project from similar private projects which might propose significant wetland filling? Should City approval be conditioned on applicants obtaining all the necessary permits from the other regulator}' bodies? Should the City accept the concept of mitigating impacts to Orono wetland via wctland/stormwater projects in other Cities or in other subwatersheds? How do you feel about payments for future ofT-site mitigation in lieu of concurrent on-site mitigation? Does Planning Commission feel more infomiation about the functions and values of these wetlands should be provided before a final decision is made on this project? Would you prefer to review the EAW before reaching a conclusion? Options for Action 1. 2. 3. 4. 5. Recommend approval as presented. Recommend approval with specific conditions, Table for further information (be specific). Recommend denial (state reasons). Other. V :M'A To: From: Date: Subject: Planning Commission Michael P.Gaffron, Administrative Projects Coordinator January 17,1997 Overview of Wetland Protection A. Wetland Protection in Orono The City of Orono began regulating wetlands in 1964 \ ia Ordinance #63 which excluded wetlands from dry-buildable area calculations, and allowed no building upon or filling of wetlands without Planning Commission and Council approval. Ordinance U 125 in 1970 expanded on this by defining terms, creating a "Flood Plain and Wetlands Conservation Area", totally prohibiting filling, grading, dredging, excavation or construction within that area, but allowing variances under specified conditions when in the public interest. In 1974 the City (in conjunction with the Hennepin Conserv'ation District) mapped its wetlands, but did not create an inventory listing nor define wetland boundaries by elevation contour. Wetland types (Circular 39 USFWS Waterfowl Values System), soil types and approximate areas were noted. This was all done by airphoto interpretation, little if any field verification. The code was again enlianced in 1975. by creating a 26' wetland, buffer.go n.& activities would be prohibited. ...............•' ' ' r -.r-- In 1977, faced with what appeared to be a pending onslaught of requests for wetland variances, the City established a moratorium on the granting of \ ariances for filling or excavating in wetlands. This resulted in adoption of Ordinance #213 in October 1978, which incorporated Orono's wetland protection measures into the new floodplain ordinance which was required by HUD as part of Federal floodplain management programs. 2 ..is ordinance has remained virtually unchanged since 1978. Staff has long felt that the wetland protection elements of the floodplain ordinance, while clearly prohibiting wetland alterations, are less than clear as to when and under what conditions a variance to alter a wetland should be granted. The ordinance is fairly clear about dealing with the hydraulic aspects of floodplain filling, but gives no real consideration to wetland functions or values. This 'function/value' question was at least touched upon in the Shoreland ordinances adopted in 1992, which in 10.56 Subd. 16(J)(5)(a) require that grading or filling in Type 2 thru 8 wetlands (in Shoreland areas) must be evaluated in terms of its impact on the following functional qualities of wetlands: 1) Sediment and pollutant trapping and retention 2) Storage of surface runoff to prevent or reduce flood damage 3) Fish and wildlife habitat 4) Recreational use 5) Shoreline or bank stabilization Wetland Oveniew January 17, 1997 Page 2 6) Noteworthiness in terms of historic significance, critical habitat for endangered species, etc. 7) Determination of which other agencies require review, permits, etc. This is a good start, but the City has to date not pursued creation of a methodology for assigning functions and values to specific wetlands, and the State and Federal agencies have yet to come to a concensus on how such functions and values should be assigned, categorized, etc. Part of our in progress Stormwater Plan will be a wetland inventory which attempts to assign functions and values to each of the City's approximately 400-500 identified w etlands. A note about wetland function and value; The 'function' of a wetland is relatively definable and calculable in terms of, for instance, its capacity for nutrient retention or amount of stormw ater it can hold. The 'value' of a wetland is, on th' other hand, a subjective determination of what emotional or aesthetic impacts a wetland has, and can at best be a set of conclusions reflecting how the community sees its wetlands. Also, wetlands w hich are functional and/or valuable for one purpose may not be functional/valuable for other purposes; i.e. Type 4-5 wetlands perfectly suited for waterfowl may be not be as suitable for nutrient assimilation as some Type 1-2 .wetlands. . Since 1975 Orono has averaged only 2-3 wetland alteration applications per year. The majority have been for c.xcavations to create ponds within existing City-protected wetlands, A few have been for placement of structures (docks, typically) in wetlands. Two recent ones have been for the MCWD to alter wetlands for stormwater treatment purposes. And perhaps 5-6 over 20 years have been for filling wetlands, typically to create driveway access to a remote portion of propert>. i The proposed County Road 15 reconstruction project is by far the most extensive wetland fill project the City has experienced since McCulley Road (the Ring Route) was built in 1980. B. The Current Regulator}- Morass - How It Impacts the County Road 15 Project The legislature adopted the Minnesota Wetland Conservation Act in 1991. This Act (WCA for short) established statewide protection of w etlands, and made mandatoiy for metro area governments an entirely new- set of regulations to enforce. Specifically, WCA regulates the filling and draining of .'vetlands, establishing criteria for delineating wetlands and establishing detailed procedures for the evaluation of wetland replacement plans, and establishes a wetland banking program. Under the WCA. local go\emmenl units arc responsible for implementing the regulations. Wlicrc a water management organization (WMO) exists, local governments can relinquish this responsibility to the WMO, and that is what Orono has done. The City has designated the Minnehalia Creek Watershed District as its official Local Government Unit (LGU) for purposes of administering Wetland Overview January 17, 1997 Page 2 the WCA regulations. At the same time, however, Orono has not relinquished its authority to require City variance approval for grading, filling and other work in wetlands. To muddle things, both the Army Corps of Engineers (USACE) and the Minnesota Department of Natural Resources (DNR) have individual regulatory authority over wetlands. And, the Minnesota Environmental Review Program rules require the filing of an Environmental Assessment Worksheet (EAW) and possibly an EIS for certain types of wetland impact projects. And, the US Fish and Wildlife Service is a reviewing agcnc) on certain wetland applications, but doesn't issue permits. Hennepin County DOT's County Road 15 project appears to be subject to virtually all of these regulator)' programs, and is attempting to meet the requirements of each. It's a mess for the applicant as well as for the various agencies, which sometimes have conflicting rules and competing interests. A number of interageticy 'work groups' have sprung up in an attempt to try to reduce the complexity of wetland regulation. They have made some progress but have a long way to go. This is where staff believes the County Road 15 project stands currently: • . - Has applied for USAGE permit, may be covered under a Natlonwide'pei^ntt - Has applied for DNR permit, DNR has nol issued a permit pending: a) further discussions about mitigating the DNR-regulated Co. Rd. 15 wetlands at a site in Independence (not in Orono...) b) outcome of the EAW review process which the County is just commencing - Is about to commence the EAW process - Has applied for and been granted an MCWD pemiit (under WCA and MCWD rules) which appears to have the following characteristics: a) Mitigation of wetland filling impacts by certification to the State of 1.1 acres of future wetland to be eonstructed elsewhere b) Contribution (payment) to MCWD of $38,626 toward a future stormwater pond to be built by MCWD in the City of Excelsior (!)(not a typo) because MCWD considers Excelsior to be in the same subwatershed as the County Road 15 project... - Has applied for Orono variance and CUP ? •" {■ * ••f V> •* {•rr5*v';- Application # g Date Received /xMc/9f Amount Paid , CIT^ ^)F ORONO - GENERAi: LAND USE APPLICATION PROPERTY LOCATION Site Address r^^AH IS (RHORF' INE DRIVE) ORONO ORCHARD ROAD TO HILLSIDE Type of Application to be Filed ROADWAY RECONSTRUCTION DRIVE. Property Identification Number (P.I.D.) N/A APPLICANT Phone (home) n /A Name CRAIG TWINEM__________________Phone(work)^____930-2536 Address '=^90 vjAqHTNPiTnN AVF SO City HOPKINS______Zip 55343 OWNER (if different than applicant) Name mfninfptn rmiNTY Address 320 WASHINGTON AVE SO City Phone (home) N/A Phone (work)_ HOPKINS ____ 930-2500 Zip 55343 Date Property Acquired n/a (month/year) I (do) (do not) also owm the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____S 75.00 For each variance request with CUP application $175.00 Residential Accessory Use ^ S250.00 Institutional (church, school, etc.). • - ■ I .*•• v.fct ■ .i\ H' '' ^ —i: 's N/A $225.00 Guest House/Guest Apartments $200.00 Duplex Credil'Bldg $300.00 Commercial/Industrial Use $250.00 Land Alteration >X Grading and filling - designated wetland or floodplain ____ Grading and filling - 101 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from origHal application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$250.00 Commercial Site Plan Review (+ consultant fees) _______$300.00 Vacation _____$200.00 Easement Vacation __SI00.00 Easement Vacation With Subdivision S350.00 Rezoning (PUD - refer to fee schedule) $350.00 Comprehensive Plan Amendment $100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District N/A________ Present Use of Property______Residential Other (specify) ROADWAY iL 2. J. 4. REQUIRED SUBMITTALS 1. X Completed Application Form. X Describe request in detail. X Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). ____ Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. ____ Attach legal description to application if not included on required survey. X Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). ____ List of the legal names (include marital status) of all persons with an interest in the propert>'. This would include name(s) of applicant(s) if not current owner(s). X Construction plan, if applicable (see staff for requirem.ents). ____ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. D. 6. 7. 8. 9. YOU ARE REQUIRED TO SUPPLY 3U COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17 " OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been'included: Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:______________________ Date___________ APPLICA.VrS SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is j^rue and ^rrect to tly best df his/her knowledge. /V/7/f^Applicant's signature Date OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. 7 Date /z/^7 he Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of ihe Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent anend in your place and advise the Building & Zoning Office of this change prior to the meeting. ;• 5/ CITY OF ORONO GENERAL LAND USE APPLICATION CSAH 15; COUNTY PROJECT 9222 S.A.P. 27-615-15; M.S.A.P. 152-020-07 November 20, 1996 PURPOSE: To supplement the City of Orono General Land Use Application which is required due to the grading and filling of wetlands The roadway paveiTient on CSAH 15 from Orono Orchard Road to Hillside Drive east intersectioii is reaching the end of its service life. Continued routine maintenance is failing to keep the roadway surface in an acceptable condition. Orono City staff requested that Hennepin County Public Works investigate alternatives which resulted in a plan for total reconstruction. The three attached permit applications to the Minnesota Department of Natural Resources, U.S. Army Corp of Engineers and the Minnehaha Creek Watershed Management District fully summarize wetland delineation, impact and mitigation._ floodplain impact and mitigation, storm water:Iruhhff'aTl^roligffS^^ Also attached is a set of plan sheets labeled "Orono Land Use Permit" which graphically depicts the existing contours, proposed contours, and proposed drainage areas with flow direr’ions labeled by arrows. Upon the City of Crono’s PU.. j, ’ng Coiranission review, Hennepin County respectfully requests that ...nd Use Permit be granted and recommended for city council approvdi at the February fourth council meeting. Attachments include the following: - Completed application form - Certified property owner's list with mailing labels and plat map - Existing and proposed contours (on 11 x 17 plan sheets) - Construction plan - City of Orono approved Layout 3 (colored) - Department of Natural Resources and Army Corp of Engineers permit application (Wetland Impact) - Minnehaha Creek Watershed District permit application (Wetland Impacts, Floodplain Impacts, Storm Water Runoff, Erosion Control) If additional information is necessary for permit application consideration please contact Guy Nowlan at 9C0-2532. • J hI5-17-1?97 10:fl HKinEH^ »:PEEK UhTERSHED Minnehaha Creek IM Waterslieil District6124710882 P.01^01 Gray Freshwater Center HvAfS. 15 & 19. Navarre 2500 Shadywood Road Excelsior, \'!M 55331*9578 Phone. (612) 471-0590 Fax: (612)471-0682 Email: admiii3 mnwate rshed otg Web Site. wvAv.mn'.vatersfied.Oi g Board of Managers: John E Tliomas President Pamela 6 Blixt Vice President Momca Gro.ss Secretary Thomas W. LnBourrty Treasurer C Woodrow Love Thomas Maple. Jr. Malcolm Reid District Office: Eugene R. Stromrrien District Director uxanrie M Weedmon Asst District Director 0 Wnrrvcn .tc.-iwJ coffiri'c It fs-* #uii Iniprovw^ QlullityofWtlUK Qudlit}' Of Lifc Poot-U' Fax Note 7671 November 27,1996 fpnoS© *» Aj flOYlOtezrr^Hennepin County Department of Transportation Attn: Joel Settles 320 Washington Avenue SouUi Hopkins, MN 55331 RE; Permit Application 96-251 Location. Orono, T117N. R23W, Sec. 1 & 2 Purpose; Stormwater Management Plan for a highway reconstruction project 1 Dear Representative ’ The above permit application was reviewed at the November 26. 1996 Board of Managers Meeting of the Minnehaha Creek Watershed District. The permit was approved pending receipt and staff approval of the following 1. A contribution to off site ponding in the amount of $38,626 2. An executed agreement with the City of Excelsior for an off-site pond. (This has been approved by MCWD). ... 3. A revegeiation and maintenance schedule - - v. , , 4. Mailing cost leirnbursement in the amount of S76.00. i special conditions on tne permit include; 1. The silt fence must be maintained during the construction and removed after vegetation is established In addition, all disturbed areas should be sodded or seeded and mulched within seven days of final g'ading during the fall of 1097 Due to the size and complexity of ceiTain projects, the B->ard, by Rule J. requires that site inspections be conducted In these cases, the aLOlicant is required to Day to the District, a fee equal to the actual costs of analys-s of the project . T.eld inspection, engineering cervices, legal services, and any subsequent monitoring ■f the work These costs are referred to as Rule J fees I'lease be advised that the project is not authorized until the above information has been submitted and you have been notified of permit issuance. Thank you. TOThL P.Ol S4-02r\4n Local - Statc - Fedehal Water HEsouwcg PROjgcr notificatiow / A pwjcatiqm Fowm *Ut« lofm to Ictify/oppiy to tho U.S. Army Corps of EngirMsrt, tho Mirmoaoto Doponmortt of Natural Raaooroaa, and yaur Local Govammant Unit of a propeaad watar/wadand project or work which rrtay fail within thair juriadiedotu Thaaa aganciaa should adviso you of thair juriadiedon or pamvt ro(|uirarT>anta within 45 days. Soma LGU's may also raquira submission of thair own application forma. RU out this form complalsly and mail a oopy. with plaiw, maps, ate. to aach of tha agandoa Gatad on tha ravaraa of tha form. Kaap a oopy for your raoords. YOU MUST OBTAIN ALL REQUIRED authorizations before beginning work . ' V / ; ■r' AfiPMCY USE ONLY; LCU NUMBER:_____________________MDNR NUMBER:______________________CORPS WUMBBL- * / I. Applicant's Nama (Last. Rrat. _ ij^ ^ a ^0. c->^ ^ y / TQ ___ Addrass Istraat. RFD, Box Ntirnbar, Chy, Stats.^Zip Coda) Au^tuad Apant. tf any Araa Coda. Talaphorw ^ por d, Vt Ci OI 0 » S •« oC\ j C.Tlji •* 35*3^ 0>)ci Aoc* -Sec.> ^ ^ P II I «w»atinn nt ntanammA nroioijt^aftBeh drawino ShOWinO how tO 00^ tO sit^ ' hk\ ^jLi^o s-ClJa f/~/h fiviaion 'OUNTY k ti QUARTER SECnON(a) SECDONSU) No. TOWNSHIP(s) No. RANGEU) No. _______________I t ^ Tin AJ AgAlOi Lot. Btook. Subdiviaio OR PROJECT ADDRESSRRE No..'BOX No. ________r>Ki K ujg.-(-J^ *rcls NAME OF WATERBODY AFFECTED and NUMBER (IF KNOWN) 37- Q^c/ III. ESTIMATED PROJECT COST: •LENGTH OF SHORE AFFECTED On faaO: IV. VOLUME OR.nUjOR EXCAVATION (Cubic Yard;):- AREA FILLED OR EXCAVATED IS r^.*? Acraa?Square Fast (AfOTEr You may autsdrut» tSmanshns) V. TYPE OF WORK AND AREA (CHECK ALL THAT APPLY): □ ACCESS Path □ Braxz □ CULVBtT □ Dam □ CONSTRUCT □ DRAIN □ EXCAVATE □ DOOC □ RpfUP □ SAHOetAMcn' □ FILL □ REMOVE □ REPAIR □ LAKE .':5HOREUN6 □ WATERV^ yWFTLAND OTHER (DESCRIBE): WETLAND TYPE(S) AND ACREAGE(S) PROPOSED TO BE FILLED/DRAINED: TV P J? V pfoiAttach applicable drawings, plans, and ASCS crop photos. Includa a dsacriotion of an^ p)oooaad comoanaatonr mitigation. Important: Identify any diapoaal and borrow araaa. Dascriba tha work below: how it would ba dorta; what aquipmant would be used. ;i. PROJECT PURPOSE (why is this project naadad-what banafiu wUI it provide?): L i "hv 1? V P ro o < ^ lo<»4«.S, p ^ cj ^ S /l6 c<, /cl-CO'i /II. ALTERNATIVES (dascriba any other aitas or mathodc that could ba used to achieve the purpose of your project while avoiding or minimizing watiand/watar impacu: Anach^ditiortal ahaau. H naadad). O. (r ^ J < Y| C f • c(ci e "fo s ^ G c) -t. C C: . pp* J e 0 f <V .u. a. * *tc Cu.^Ce.•l45 • VIII. DATES: Propoead aurt of activity: -j j<^ 4, I (Idontify any completed work on an attached drawing) Proposed completion: / / TG> 'X. ADJOINING PROPERTY OWNERS (Attach Uat if mors than two) ‘ Narrta Art^»;<n City Stats j X. PERMj^ have bean received (enter an R) or already applied (or (enter an ^ from: A DNR H AlMr CORPS Of ENOCBtt ' A TawK/Crry watershed Disthct ___MN Poiimx»i Corfmo. A gency Hit an archaeological survey of tha project aits been dorta? ^Y whom:__________________________ COUNTY i t h^rtby notifY th« rvcipUnts of thk form of tho project propootd h^n\n and rtquoci th«t I bo adviood of any parmiti or othar datarmlnatiQna ccncaming thk pro|«ct that 1 murt obtain. I undaratand that prooaacUng whh work bafora al ra^irad authorizationa art obtalnad may aubjact ma to Fadaral. tiMim, and/or local admlnktradvOe cM and/or criminal panahioa. Signatura of ^aryon Proposing Pro>acl o' Agent <<< PLEASE CAREFUaY READ AND COMPtwETE BACK Of FORM >> > DATE , ///&-/? 4 (Revised 10/93) INSTRUCnONS-PLEASE READ CARFPI^l,iv A copy of this form, with copies of all plans, drawings, etc., should be sent to each agency indicated below. Rease check the appropriate spaces below to show everywhere you are sending this form. Remember to keep a copy for your records. —^ Local GovB)NME^^' U nit (LGU): etty, county, or watershed managernent organization. . r r%. i I Spedfy the LGU tc which you are sending the form; , L ^ L% C rccK n-e « P‘* ___ The local Soa. and Wats C onssvation DtsTHxrr (SWCO) for the prolect. Spedfy the county SWCD:_____H e < pi ___________ ^ Wattomb ) Distwct (if one exists for the project area). / Spedfy the Watershed District; Pa. Cree ic ^ .p. Minnesota DEPAKTMEiyr of Natural Resources CMDNR) regional office U.S. A rmy C orps of ENCiNEBts (ACOE). Send the ACOE copy to: PepartmefTt of the Army, Corps of Engineers. St. Paul District. ATTN: COR. 190 Fifth Street East. St. Paul. MN 55101-1638 NgSfi: The above agendes may provide a copy of your competed form to the Minnesota Pollution Control Agency (MPCA). MPCA waier quality rules may apply to your proposed projea. ^UENTIQN ..(FROM V$DA); Any activity induding drainage, dredging, filling, leveling or other manipulations, Induding maintenance, may affect a landuser's engibnity for USDA benefits under the 1985 Food Security Act as amended. Check with your local USDA office to request and complete Form AD-1026 prior to Initiating activity. IMPORTANT; Some agendes, induding the Corps of Engineers and the MDNR accept this form as a permit application form H you wish this form to constitute an application to the Corps and/or MDNR for any necessary permits for your project please carefully read the following information and sign where indicated. xixxximixixiiiiinxixxiiiixixixxxxxxiixiiixxmiixxxxxxxixixn w;««r • i. ^ P A A. % • r. Pt Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am famaiar whh the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities or I am acting as the duly a^orized agent of ^ applicant. ' ■ - 'e pf Applicant / Signature of Agent Date N2i£: The applicauon must be signed by the person who desires to undertake the proposed activity (applicant) or h may be signed by a duly authorized agent if the information requested below is provided. ’ Agent's Name and title: Agent's address: Agent's telephone: ( 18 U.S.C. Section 1001 providoe that: VMioever. in any manner witNn the juriediction of any department or agency of The United Stataa knowingly and willfully faleifiee, conceals, or cover* up by any trick, acheme, or device a material fact or makes any falaa, fictWoua or fraudulent atatemente or repreaentatione or make* or uea* any falee writing or document knowing earn* to contain any falee, fictitiou*, or fraudulent statement or entry, ahell be firwd not more than 110,000 or imprieoned not more than five yaart, or both. SEE ATTACHMENT ABOUT MDNR PERMIT FEES !?• ?■ tv- (.*• RUN DATE 10/09/96 BATCH 001 PROP AOOR OIMER KAHE TAXPAYER NAHE/AODR 38 02-U7-23 13 0003 01050 ED6EH000 HILLS RD VARTKES H EHRAHJIAN VARTKES H EHRAHJIAN 1050 ED6EH000 HILL RD HAYZATA HN 55391 HEMIEPXN COUNTY PROPERTY INFORHATZON SYSTEM PROPERTY 0M4ERS LIST 38 02-117-23 13 0007 00038 ADDRESS PENDING NOODHILL COUNTRY CLUB HOODHILL COUNTRY CLUB 200 NOODHILL RD HAYZATA HN 55391 REPORT NO. P1935901 PAGE 138 02-117-23 W 0001 00965 eo';ehooo hills RO T A A C A CUSICK THOMAS CUSICK 965 ED6EHOOO HILLS RD HAYZATA m 55391 I. PROP AOOR OMCR NAME TAXPAYER NAHE/AODR 38 02-117-23 31 0002 01230 DICKENSON ST EOHARD H HAm TRUSTEE EDHARO H HAm 608 ST PETER ST 8460 ST PAUL »f4 55102 38 02-117-23 31 0003 00680 RUSSELL AVE JOSEPHINE 8 CARPENTER JOSEPHINE 8 CARPENTER BOX 659 1680 RUSSELL AVEI HAYZATA HN 55391 38 02-117-23 31 0006 00550 ORONO ORCHARD RD S LAWRENCE E NELSON LAWRENCE E NELSON 550 ORONO ORCriARO RD S WAYZATA W 55391 PROP AODR 0»MER NAME TAXPAYER NAHE/ADOR 30 02-117-23 31 0007 00038 ADDRESS UNASSIGNEO ROGER J HANKINSON ROGER J HAlfCINSON' 570 ORONO ORCHARD RD HAYZATA HN 55391 38 02-117-23 31 0008 00038 ADDRESS UNASSIGNED ROGER J HANKINSON ROGER J HANKINSON 570 ORONO ORCHARD RD WAYZATA HN 55391 38 02-117-23 31 0009 01380 FOX ST HERBERT D MEYER HERBERT D MEYER BOX 12 HAYZATA MN 55391 PROP AODR OIMER NAME TAXPAYER NAHE/AODR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 02-117-23 31 0010 01390 FOX ST EDWARD H HAm TRUSTEE EDHARO H HAIM 608 ST PETER ST 1660 ST PAUL MN 55102 38 02-117-23 31 0016 00565 HANLON AVE HADASSAH YEHUOZT ZOHARA HAOASSAH YEHUDIT ZOHARA 565 HANLON AVE HAYZATA HN 55391 38 02-117-23 31 0016 00521 HANLON AVE RICK S MILLER ET AL ERIC S WELCH 521 HANLON AVE HAYZATA MN 55391 i 38 02-117-23 31 0017 00038 ADDRESS UNASSIGNED HADASSAH YEHUDIT ZOHARA HADASSAH YEHUDIT ZOHARA 565 HANLON AVE ORONO HN 55391 38 02-117-23 31 0015 00537 HANLON AVE R V » M E KOEHNEN ROBERT A MICHEL KOEHNEN 537 HANLON AVE HAYZATA m 55391 38 02-117-23 31 0018 01300 SHORELINE OR R E HOWARD A B S HOWARD ROBERT A BARBARA HOWARD 1300 SHORELINE OR HAYZATA MN 55391 PROP ADDR 0W4ER NAME TAXPAYER NAHE/AODR I 38 02-117-23 31 0019 01360 FOX ST DARRELL J BRAND ALLAN N LITHZN 1360 FOX ST ORONO m 55391 38 02-117-23 31 0020 00038 ADDRESS UNASSIGNED H D MEYER ETAL H D MEYER BOX 12 HAYZATA MN 55391 '.J }■? 38 02-117-23 31 0021 01300 FOX ST DRAPER H A MOLLY 8 JAFFRAY DRAPER M A MOLLY B JAFFRAY 560 BARRETT AVE HAYZATA m 55391 CT' RUN DATE 10/09/96 BATCH 001PROP AOOR OHNER NAME TAXPAYER NAME/ADDR 56 02-117-25 51 0022 005A0 BARRETT AVE 0 M JAFFRAY » H B JAFFRAt DRAPER M JAFFRAY 5A0'BARRETT AVE HAYZATA MN 55591 HEN^CPXN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OVWERS LIST58 02-117-25 51 0025005AO BARRETT AVE D H JAFFRAY AMD JAFFRAY DRAPER H JAFFRAY 540 BARRETT AVE HAYZATA MN 55591 REPORT NO. PI435401 PAGE 258 02-117-25 51 0027 01255 DICKENSON ST MARION J DETTLOFF MARION J DETTLOFF 1255 DICKENSON ST HAYZATA MN 55591 PROP AOOR OltlER NAME TAXPAYER NAME/ADDR 58 02-117-25 51 0028 00559 KEENE AVE 0 HARALO ERIKSEN 0 HARALD ERIKSEN 6219 ZEALAND AVE N MPLS 55428 38 02-117-25 31 0029 00038 ADDRESS UNASSIGNEO T A A G M FISCHER THEODORE A GERTRUDE FISCHER 2034 COMMERCE BLVO MOUND MN 55364 38 02-117-25 31 0030 00038 AODRESS UNASSIGNED JACK C BURCH JACK C A MARION BURCH 6572 HHITE OAK DR LINO LAKES MN 55038 PROP ADDR OI«IER NAME TAXPAYER . NAHE/ADOR 38 02-117-23 31 0051 00038 ADDRESS UNASSIGNEO JACK C A MARION BURCH JACK C A MARION BURCH 6572 HHITE OAK DR LINO LAKES MN 55038 38 02-117-23 51 0052 00038 AODRESS UNASSIGNEO T A A G M FISCHER THEODORE A GERTRUDE FISCHER 2034 COMMERCE BLVO MOUND MN 55364 38 02-117-23 51 0033 00038 AODRESS UNASSIGNEO MARION J DETTLOFF MARION J DETTLOFF 1255 DICKENSON ST HAYZATA MN 55391 PROP AOOR 0»f4ER NAME TAXPAYER NAME/ADDR PROP AOOR 0»t4ER NAME TAXPAYER NAME/ADDR 58 02-117-23 31 0034 00058 ADDRESS UNASSIGNEO HEr«<EPIN FORFEITED LAND CITY OF ORONO DRAINAGE A CONSERVATION 2-10-89 ST DEED 8171093 38 02-117-23 31 0037 00550 HANLON AVE HAL THIES BILL A LUCY THIES 550 HANLON AVE HAYZATA MN 55391 38 02-117-25 31 0035 00038 AODRESS UNASSIGNED T A A G M FISCHER THEODORE A GERTRUDE FISCHER 2034 COMMERCE BLVD MOUND MN 55564 , J*i I i 38 02-117-23 51 0038 00520 HANLON AVE' I 6 0 A C M TANGEN ' i ROBIN ARNOLD BODHAINE 520 HANLON AVE , I HAYZATA m 55391 ! 38 02-117-25 51 0036 00038 ADDRESS UNASSIGNEO T A A G A FISCHER THEODORE A GERTRUDE FISCHER 2034 COMMERCE BLVO MOUND MN 55364 38 02-117-25 31 0039 01295 DICKENSON ST R S MILLER/K E STENSO MILLER RICK S MILLER 1295 DICKENSON ST ORONO W 55391 PROP ADDR OIMER NAME TAXPAYER NAME/ADDR 38 02-117-25 31 0040 01205 DICKENSON ST RAN ANDERSON RICK 0 A NANCY L ANDERSON 1205 DICKENSON ST HAYZATA MN 55391 58 02-117-25 31 0041 00559 RUSSELL AVE J P MCALPIN A M M MCALPIN JOHN P A MICHELLE H MCALPIN 559 RUSSELL AVE HAYZATA MN 55591* ii. 38 02-117-25 31 0042 00568 KEENE AVE WALKER MOTORS INC SEARS IMPORTED AUTOS INC 13500 HAYZATA BLVO MirtlETONKA MN 55305 I RUN DATE 10/09/96BATCH 001 »■ PROP AOOR 0»«IER NAME TAXPAYER NAHE/AODR PROP ADDR 0»MER NAME TAXPAYER NAHE/AODR PROP ADDR ONNER NAME TAXPAYER NAHE/ADOR PROP AOOR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR 09MER NAME TAXPAYER NAHE/AODR - HENNEPIN COUNTY PROPERTY INFORMATION SYSTEMPROPERTY OHNERS LIST38 02-117-23 31 0096 00590 BARRETT AVE 0 M JAFFRAY A M B JAFFRAY DRAPER M JAFFRAY 590 BARRETT AVE HAYZATA m 55391 SB 02-117-23 32 0001 009B5 ORONO ORCHARD RO S EDHARD H HAMM TRUSTEE EDHARD H HAMM 990 HAMM BUILDING ST PAUL ttl 55102 38 02-117-23 33 0010 01910 SHORELINE OR A HARRISON AIL HARRISON ALFRED A INGRID L HARRISON 1910 SHORELINE DR HAYZATA HN 55391 38 02-117-23 33 01655 FOX ST KATHLEEN O MACKE KATHLEEN 0 MACKE 1655 FOX ST ORONO m 55391 0014 38 02-117-23 39 0009 01387 ORONO LA DOUGLAS C MOEN ET AL DOUGLAS A JUDITH MOEN 1387 ORONO U HAYZATA ^f4 55391 39 LA 38 02-1*7-23 01397 ORONO DANA M HELLS DANA M HELLS 1397 ORONO IA HAYZ/.TA riN 55391 0007 38 02-117-23 31 0097 00950 ORONO ORCHARD EDHARD H HAHN TRUSTEE EDHARD H HAMM 908 ST PETER ST 1990 ST PAUL MN 55102 RO S 000138 >?.-117-23 33 01985 FOX ST L J COE A M E KNUTSON LEANN J COE/MARK E KMJTSON 1985 FOX ST HAYZATA HN 55391 38 02-117-23 33 0011 01901 SHORELINE OR EDHARD H HAHN TRUSTEE EDHARD H HAMM 990 HAMM BUILDING ST PAUL MN 55102 38 02-117-23 39 0002 01225 SHORELINE DR GEDNEY TUTTLE 6E0NEF TUTTLE 1225 SHO'IEI.INE OR HAYZATA MN 55391 38 02-117-23 39 0005 01389 ORONO LA H H SEE A 6 S SEE HENRY N A GAIL S SEE 1389 ORONO LA HAYZATA HN 55391 38 02-117-23 39 0008 01399 OROrX) LA ELIZABETH H NORTON ELIZABETH H NORTON 9980 DOCKSIDE DR 1209 FORT MYERS FL 32919 REPORT NO. PI935901 PAGE 338 02-117-23 31 0098 01225 DICKENSON ST B M YOUNG TRUSTEE H/L EST FAYE LILKE 1225 DICKENSON ST HAYZATA MN 55391 000238 02-117-23 33 01965 FOX ST K A A C A BIRKELANO ET AL KAARE A CYNTHIA BIRKELANO 1965 FOX ST HAYZATA KW 55391 38 02-117-23 33 0012 00038 ADDRESS UNASSIGNED THE CITY OF ORONO CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 02-117-23 39 0003 01385 ORONO LA J P SPOONER A K B SPOONER JOHN SPOONER A KARLA SPOONER 1385 ORONO LA HAYZATA MN 55391 38 02-117-23 39 0006 01395 ORONO LA NORHEST BK MPLS-NTL ASC TRST NORHEST BANK MN TRUST REAL ESTATE 6TH A MARQUETTE MPLS W 55979-0053 38 02-117-23 39 0010 01265 SHORELINE DR L S BUSCH A M A BUSCH LEONARD A MARGARET BUSCH 1265 SHORELINE OR HAYZATA MN 55391 run date 10/09/96BATCH 001PROP ADOR ONNER NAME TAXPAYER NAME/AODR 38 02-117-2S 34 001101325 SHORELINE OR TIMOTHY R OUOOS TIMOTHY R OUOOS 1325 SHORELINE OR MAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY Owners list38 02-117-23 34 001201355 SHORELINE OR dam JOHNSON DOUGLAS 0 JOHNSON 4194 CENTER BOARD LA S E STUART FL 34997-6176 REPORT NO. P1435401 PAGE 438 02-117-23 34 001301305 SHORELINE DR H J POPP ATE POPP HILLIAM J A TERl E PJPP 1305 SHORELINE DRIVE HAYZATA MN 55391 PROP AODR 0»MER NAME TAXPAYER NAME/ADDR 38 02-117-23 34 0016 01385 FOX ST ANOREH J A J OIANN GOETTEN ANOREH j a j OIANN GOETTEN 1385 FOX ST HAYZATA MN 55391 38 02-117-23 34 0019 00038 ADDRESS PENDING ANOREH J A OIANN GOETTEN ANOREH J A J OIANN GOETTEN 1385 FOX ST HAYZATA MN 55391 38 02-117-23 41 0002 00985 EOGEHOOO HILLS RO MARY JEAHIE V BOHEN MARY JEANNE V BOWEN 3301 RUM kOH NAPLES FL 33940 PROP ADOR OWNER NAME taxpayer NAHE/AODR 38 02-117-23 41 0003 01045 EOGEHOOO HILLS RD FREDA C KEITH FREDA C KEITH P O BOX 246 HAYZATA l« 55391 38 02-117-23 41 0009 00038 ADDRESS UNASSIGNEO MCLEOD CNTY REG RAIL AUTH DAKOTA RAIL INC 25 ADAMS ST N HUTCHINSON MN 55350 38 02-11V-23 42 0001 00538 RUSSELL AVE T H KNUTSON A T L FAZIO TIMOTH"/ KNUTSON/TRACEY FAZIO 538 RUSSELL AVE HAYZATA rt4 55391 PROP ADDR 0H4ER NAME TAXPAYER NAME/ADDR 38 02-117-23 42 0002 01055 EOGEHOOO HILLS RO D ELOREOGE JACKSON III ET AL D E A K K JACKSON III 1055 EDGEHOOD HILL RO HAYZATA MN 55391 38 02-117-23 42 00450 HOOOHILL DAVID A WILSON DAVID A WILSON 450 HOOOHILL RO ORONO m 55391 0003 RO 38 02-117-23 42 0004 01065 EOGEWOOO HILLS RO AHHE L RITZ ANNE LARSFN SIMONSON 1065 EDGEHXO HILLS RD HAYZATA 55391 PROP AODR OWNER NAME TAXPAYER NAME/ADDR 38 02-117-23 42 00325 H0< J L CONNER J L CONNER 201 1ST ST SANFORD FL 0005 HILL RD A G J PAULUCCI A 6 J PAULUCCI H 32771 38 02-117-23 42 0011 PROP ADDR 00038 ADDRESS PENDING OWNER NAME CITY OF ORONO TAXPAYER CITY OF ORONO NAME/ADDR P 0 BOX 66 CRYSTAL BAY Itl 55359 38 02-117-23 42 0006 00038 ADDRESS UNASSIGNEO the NATURE CONSERVANCY NATURE CONSERVANCY 1313 5TH ST S E SUITE 314 MPLS MN 55414 ( 38 02-117-23 42 0012 C0038 ADDRESS PENDING HOOOHILL COWTRY CLUB HOOOHILL COUNTRY CLUB 200 HOOOHILL RD . HAYZATA MN 5539l(^, 38 02-117-23 42 0009 00038 ADDRESS UNASSIGNEO THE NATUkE conservancy NATURE CONSERVANCY 1313 5TH ST S E SUITE 314 MPLS W 55414 38 02-117-23 43 0001 00038 ADDRESS UNASSIGNEO the nature CONSERVANCY NATURE CONSERVANCY 1313 5TH ST S E SUITE 314 MPLS MN 55414 •I »• » • •.• ••. RUN DATE 10/09/96 BATCH 001PROP ADDR CMIER NAME TAXPAYER NAHE/AODR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP AODR (MIER NAME TAXPAYER NAHE/AOOR PROP ADDR Olt€R NAME TAXPAYER NAHE/AOOR PROP AODR ONNER NAME TAXPAYER NAHE/AOOR PROP ADOR ONNER NAHE TAXPAYER NAHE/AOOR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWERS LIST38 02-117-23 43 01080 FERNDALE N N SHIEDLER A J NILLIAH N/JOANNE 360 DEACON ST t2 BOSTON HA 02116 0007 RD HF SHIEBLER F SHIEBLER 36 02-117-23 43 0025 ones FERNOALE'RO N HENRY S KINGMAN JR ET AL HENRY A MARILYN KINGMAN JR 1185 N FERNDALE RD NAYZATA MN 55391 99 01-117-23 23 0001 00601 CO RD NO 15 NOODHILL CNTRY CLUB NOODHILL CNTRY CLUB 200 NOODHILL RD NAYZATA MN 55391 99 01-117-23 31 0010 00481 PEAVEY LA BRAD H A ESTHER L BOYER BRAD H A ESTHER L BOYER 481 PEAVEY UNE NAYZATA HN 55391 99 01-117-23 32 0005 00501 HILLSIDE DR H RICHARD F MCCARTHY A NIFE JOHN A JUDITH FANSLER 162 RIDGEVIEH DR NAYZATA MN 55391 99 01-117-23 32 00699 HILLSIDE JAMES A LOOSEN JAMES A LOOSEN 699 HILLSIDE DR H NAYZATA HN 55391 0008 DR H 38 02-117-23 43 001100038 ADDRESS UNASSIGNED H N SHIEBLER A J F SHIEBLER NILLIAH N/JOANNE F SHIEBLER 360 BEACON ST 82 BOSTON HA 02116 38 02-117-23 43 01165 FERNDALE BRADLEY C BOHMAN BRADLEY C BONHAN 1165 FERNDALE RD 0026 RD N II II N NAYZATA MN 55391 99 01-117-23 23 0002 00501 CO RD NO 15 HOODHIL CNTRY CLUB NOODHILL COUNTRY CLUB 200 NOODHILL RD NAYZATA MINN 55391 99 01-117-23 32 0001 00601 CO RD NO 15 NOODHILL CNTRY CLUB NOODHILL CNTRY CLUB 200 NOODHILL RD NAYZATA MINN 55391 99 01-117-23 32 0006 00401 HILLSIDE DR N JOHN H A JUDITH C FANSLER JOHN H A JUDITH C FANSLER 162 RIDGEVIEH DR E NAYZATA HN 55391 99 01-117-23 32 0014 00688 HILLSIDE DR H FRANK C BLODGETT FRANK C BLODGETT 688 HILLSIDE DR N NAYZATA HN 55391 REPORT NO. PI435401 PAGE 5 • -I38 02-117-23 43 0015 01205 SHORELINE DR DONALD P GAMBLE JR DONALD P GAMBLE JR 1205 SHORELINE DRIVE NAYZATA MN 55391 38 11-117-23 22 0015 01420 SHORELINE DR DAB HALPER DAVID N HALPER 1420 SHORELINE DR NAYZATA MN 55391 99 01-117-23 31 0009 00470 PEAVEY LA J A J SNIERZENSKI JON A JERIANNE SNIERZENSKI 470 PEAVEY LA NAYZATA MN 55391 99 01-117-23 32 0002 00501 CO RD NO 15 NOODHILL CNTRY CLUB NOODHILL CNTRY CLUB 200 NOODHILL RD NAYZATA MINN 55391 99 01-117-23 32 0007 00502 CO RD NO 15John h a juoith c fansler JOHN H A juoith C FANSLER 162 RIDGEVIEH DR E NAYZATA MN 55391 99 01-117-23 32 0018 00500 HILLSIDE DR N J N HINELY JR ET AL JORDAN N HINELY JR 500 HILLSIDE DR N NAYZATA MN 55391 RUN DATE 10/09/96BATCH 001PROP ADOR OMNER NAME TAXPAYER NAHE/AOOR PROP ADOR 0»MER NAME TAXPAYER NAHE/ADOR PROP ADOR C*MER NAME TAXPAYER NAME/AODR 99 01-117-25 32 001900960 HILLSIDE DR N R A A B J PITNER ROBERT A BEVERLY J PITNER 960 HILLSIDE DR HAYZATA HN 55391 99 01-117-23 32 0022 00950 HILLSIDE DR H T R BURKE A S L GALE T R BURKE A S L GALE 950 HILLSIOE DR H HAYZATA MN 55391 99 02-117-23 91 0005 00702 CO RO NO 15 THE NATURE CONSERVANCY NATURE CONSERVANCY 1313 5TH ST S E SUITE 319 HPLS rt4 55919 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST99 01-117-23 32 002000700 HILLSIDE DR H CHRISTOPHER R VOLLRATH ET AL CHRISTOPHER R VOLLRATH 700 HILLSIDE DR H HAYZATA MN 55391 99 02-117-23 91 0001 00700 HILLSIDE OR H CHRISTOPHER R VOLLRATH ET AL CHRISTOPHER R VOLLRATH 700 HILLSIOE DR H HAYZATA MN 55591 99 02-117-23 91 0006 00690 HILLSIDE DR H THE NATURE CONSERVANCY NATURE CONSERVANCY 1513 5TH ST S E SUITE 319 HPLS MN 55919 REPORT NO. PI935901 PAGE 6 PROP ADDR 0»MER NAME TAXPAYER NAIC/ADDR 99 02-117-23 91 0006 00670 HILLSIDE DR H CHRISTOPHER R VOLLRATH ET AL CHRISTOPHER R VOLLRATH 700 HILLSIOE OR H HAYZATA MN 55391 99 01-117-23 32 002100920 HILLSIDE DR H PHYLLIS BARTON PHYLLIS B BARTON 900 HILLSIDE DRIVE HAYZATA HN 55391 99 02-117-25 91 0009 006BB HILLSIDE DR H FRANK C BLODGETT FRANK C BLODGETT 668 HILLSIOE DR H HAYZATA m 55391 99 02-117-23 91 0007 00700 CO RD NO IS THE NATURE CONSERVANCY NATURE CONSERVANCY 1313 5TH ST S E SUITE 319 MPLS MN 55919 TOTAL BATCH 001 00100 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFQRHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF MY KNOHLEOGE AND BELIEF. DATE 10 10 % WETLAND CONSER VA TIONA CT WETLAND REPLACEMENT PLAN APPLICATION HENNEPIN COUNTY STATE AID HIGHWAY 15 (CSAH15) CP #9222 ty-H. hf Applicant Name: Hennepin County Transportation Division Applicant Address 4& phone:Mr. Craig Twinem.HCTD 320 Washington Avenue South, Hopkins, MN 55343 (612)930-2536 Name and Address/pbone of Authorized Agents, Subsidiaries, or Consultants involved with wetlanddrainingornilingproject: Mr. Joel C. Settles, HCEMD 417 North Fifth Street, Mpls, MN 55401 (612)348-6157 Provide the following information for the Impacted Wetlands; (1) (2) (3) (4) (3) a recent aerial photograph or accurate map of the impacted wetland area is attached? Yes the location of the wetland: Hennepin countv. Mississippi River (Metro) watershed"name public land survey and/or UTM coordinatesofapproximate wetland center T117N. R23W Sections 1 and 2 ‘ the size of the wetland: see attached plan acres______square feet; the type of wetland: see attached plan Circular No. 39______NWI. a list of the dominant vegetation in the impacted wetland area: (for e.xample. 50 percent willow, 20 percent cattails, and 30 percent sedge) See attached plan___________________ J (6) (7) (8) (10) (M) (12) a soils map of the site is attached? X Yes _____No the size of the surface water drainage into the wetland is N.A. acres. a. ) the locations of any surface inlets or outlets draining into or out of the wetlands are noted? X Yes ____No, b. ) is the wetland within the floodplain of a watercourse? ---->L Yes -----X_ No; if Yes, the distance and direction to the watercourse is see attached plan feet in a direction. is a map, photograph, or wrinen description of the land use of the immediate watershed within one mile of the impacted wedand anached?. X Yes ______No. Does the description note the presence and location, if any, of wetland preservation regions and areas, wetland development avoidance regions and areas, and wetland deficient regions and ’areas as identified in the comprehensive water plan? N.A. Yes N.A. No. Is the nature of the proposed project, its areal extent, and the impact on the w etland shown in sufficient detail on the materials submitted? X Yes_____No. Has evidence of ownership or rights to the affected areas by all applicants been demonstrated? -_____Yes X No. Evidence w ill be provided prior to constructioa list all other local, state, and federal permits and approvals required for the activity. Work in protected waters perm it. MDNR: Section 404 GP ti?6. USAGE: Erosion and sediment control and stormwater perm its Form the MCWD (13) attach other necessary information. Provide the following information for the Replacement Wetland Site: Will replacement be accomplished via wetland banking______YES (if YES, only complete items 2, J and S) See anached replacement nian NO (1) (2) (3) (5) (6) (7) Timetable; project will begin on 1 / % / 97 fMo/DavA^r^ and be completed bv 11/30 / 98 fMo/DavA^rV size see attached plan acres and type see attached plan Circular 39. see anached plan NWT of wetland that will result from successful completion of the replacement'bankingplan; the location of the replacement wetland: Hennepin county, Mississippi River (Metros watershed (name) and public land survey and/or UTM coordinates of appro.ximate wetland center: See attached plan____________ a recent aerial photograph or accurate map of the replacement site is attached? X Yes ____No a soils map of the replacement site is attached? X Yes (8) (9) (10) the size surface water drainage into the replacement wetland is N.A. acres. a. ) the locations of any surface draining into or out of the wetlands are noted? X Yes_____No. b. ) is the replacement wetland is within the floodplain of a watercourse? ----X Yes No; if Yes, the distance and direction to the direction. See attached plan.watwrcourse is feet in a Has evidence of ownership or rights to the replacement site by the applicant(s) been demonstrated?_____Yes X No. Evidence will be provided prior to construction attach scale drawings showing plan and profile views of the replacement wetland and fi.xed (11) photo-reference points for monitoring purposes. describe how the replacement wetland shall be constructed, for e.xample, excavation or restoration by blocking an existing tile; the type, size, and specificationsof outlet structures; elevations, relative to Mean Sea Level or established bench mark, of key features, for e.xample, sill, emergency overflow, and structure height; and best management practices that will be implemented to prevent erosion or site degradation; for created wetlands only, list additional soils information sufficient to determine the ^ -.1 ■ capability of the site to produce and maintain w etland characteristics See attached plan (12) Has a monitoringplan has been developed and attached? (13) attach other necessary information. (14) Swam Statements: X Yes No («) (ii) (iii) (iv) confirms by signature below that: the replacement wetland was not previously restored or created under a prior approved replacement plan; AND, the replacement wetland w’as not drained or filled under an e.xemption during the previous ten years; .AND, the replacement wetland was not restored with financial assistance from public conservation program; AND, the replacement wetland was not restored using private funds other than those of the landowner unless the funds are paid back w ith interest to the individual or organization that funded the restoration and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement. (15) Has proof of replacement wetland recording notice been submitted to LGU? _____.Yes X No Recording notice will be provided. Special Considerations To the best of the applicant's knowledge, are any of the following factors applicable at the impact or replacement site? Note whether present or not by indicating as follows; Impact Site (I), Replacement site (R), Both (B), Neither (N). (1) (2) (3) federal or state-Iisted endangered species _ rare natural communities____Yes__N Yes special fish and wildlife resources including: (a) fish passage and spawning areas _____Yes (b) (c) (d) (e) colonial waterbird nesting colonies Yes N migratory waterfowl concentration areas ___ deer wintering areas ____Yes N No Yes No _No N (4) (5) (6) (7) (8) (9) wildlife travel corridors, archaeological or historic sites ground water sensitive areas _ Yes Yes No No Yes sensitive surface waters (e.g. DNR designated trout waters) educational or research sites____Yes N No N No Yes N No ■'5 waste disposal sites Yes is the project consistent with local plans (e.g. watershed management plans, land use plans, zoning and master plans.) B Yes_____No Repl^emen^ssui ance confirms by signature* below that; 1.) the wetlaAdXvill be replaced before or concurrent with the actual draining or filling of a wetland OR; 2.) an irrevocable bank letter of credit or other security acceptable to the local government unit to guarantee the successRil completion of the wetland value replacement has been provided. Signature I hereby affirm that the information above is correct and truthful to the best of my knowledge. (applicantsignalurc)(witness/LGUOfficial signature)(Date) HENNEPIN COUNTY STATE AID HIGHWAY 15 (CSAH 15) RECONSTRUCTION PROJECT (CP #9222) WETLAND PERMIT APPLICATION Applicant: Hennepin County Transportation Division, Department of Public Works Project Location: Cities of Orono and Wayzata, Minnesota Date: November 5,1996 CONTENTS LocakState-Federal Projeri Notification Form Application Form - Wetland Replacement Plan Project Narrative Wetland Delineation Report Wetland Replacement Plan Appendices LIST OF FIGURES Title Project Location Map Wetland Location Map National Wetland Inventory (NWl) Map DNR Protected Waters and Wetlands Map Hennepin County Soil Survey Map USGS Topographic Map Aerial Photograph of Project Area Wetland Delineations Wetland Impacts Wetland Replacement Sites 6'. i -X » Figure Number Plan Sheet Number 1 2 1 2 3 3-8 9-14 15-Id PERMITS REQUESTED Work In Protected Waters: Permit from the MN Dept, of Natural Resources (MDNR) Wetland Conservation Act: Replacement Plan Approval from the Minnehaha Creek Watershed District (MCWD) Section 404: Nationwide Permit No. 26 from the U.S. Army Corps of Engineers (USACE) APPLICANT AGENT Hennepin County Transportation Division Mr. Craig Twinem 320 Washington Avenue South Hopkins. Minnesota 55343 (612)930-2536 Hennepin County Environmen&l Management Division Mr. Joel Settles 417 North Fifth Street Minneapolis, Minnesota 55401-1397 (612)348-6157 j i i j PROJECT NARRATIVE PURPOSE The purpose of the proposed project is to improve public safety by the addition of turn lanes and paved shoulders in accordance with current design and safety standards. PROJECT DESCRIPTION The proposed project will reconstruct a segment of CSAH 15 located in the Cities of Orono and Wayzata. The segment to be reconstructed is approximately 1.1 miles (1.8 kilometers) long and extends from 660 feet (200 meters) southwest of Orono Orchard Road to the easterly intersection of Hillside Drive. The roadway will generally follow the existing alignment but some minor shifts of alignment will occur. Wetlands adjacent to the project will be impacted and will require mitigation and replacenient consistent with the requirements of the Wetland Conservation Act and Minnesota Department of Natural Resources. 1 he typical section is a suburban section from the western terminus to 295 feet (90 meters) east of Femdale Road and a rural section from 295 feet (90 meters) east of Femdale Road to the eastern terminus. Both typical sections consist of one 12 foot (3.6 meter) lane in each direction with 8 foot (2.4 meter) paved shoulders. A 14 foot (4.2 meter), center, two-way left turn lane will be constructed between Orono Orchard Road and Woodhill Road (approximately 2165 feet; 660 meters). Right turn lanes (12 foot; 3.6 meter) will be provided at all seven of the intersecting roadways (Orono Orchard Road, Orono Lane, Femdale Road, Russell Avenue, Woodhill Road and the west and east intersections of Hillside Drive. The proposed profile would generally follow the existing profile west of Femdale Marsh and would be raised approximately 1.6 feet (0.5 meters) from the west edge of Femdale Marsh to the east intersection of Hillside Drive. This project is scheduled to begin in the summer of 1997 and be completed by the fall of 1998. During construction, roadway usage to access driveways of local residents will be maintained. Roadway users traveling through the area will be detoured. WETLAND DELINEATION REPORT WETLAND DELINEATION METHODOLOGY Wetlands were delineated in accordance with the 1987 United States Army Corps of Engineers (USAGE) Wetland Delineation Manual. Wetland boundaries that were within 200 feet of the proposed construction limits were delineated, staked and surveyed. Wetland boundaries were delineated and staked in the field on June 10, 1996. Wetland stakes were surveyed by a Hennepin County Survey crew on August 21 and 26, 1996. Wetland classifications are based on the United States Fish and Wildlife Service (USFWS) publications Wetlands and Deepwater Habitats of the United States (Cowardin. 1979) and Wetlands of the United States (Circular 39). Soil colors are described in accordance with Mansell Soil Color Charts (1992 Revised Edition). WETLAND DESCRIPTIONS Seventeen wetlands (Plan Sheet 2) were delineated along CSAH 15 from 660 feet (200 meters) southwest of Orono Orchard Road to the easterly intersection of Hillside Drive in the Cities of Orono and Wayzata (Tl 17N, R23W ’, Sections I and 2). The data fomis for these delineations are attached to this report (Appendix A). The National Wetland Inventory and the Minnesota Department of Natural Resources (MDNR) Protected Waters and Wetland Inventory for the project area are shown in Figures 1 and 2. The Hennepin County Soil Survey and USGS topographic inap for the project area are shown in Figures 3 and 4. Aerial photographs of the project area (Figures 5- 8) are also included as part of this application. Wetland/#! (WLH WLl is a 10.1 acre type 3 (PEMC) MDNR protected wetland (#27-855). The wetland is located on the west side of CSAH 15 at the western end of the proposed project (Plan Sheet 3). WLl is dominated by cattail (Typha sp.). Wetland boundaries are sharply defined by the toes of the slopes of the existing road and driveway fill. Soils in the area have been disturbed. Soil color in the first horizon (0-8 inches) is described as lOYR 3/1. The second horizon ( >8 inches) is coarse sandy road fill (lOYR 7/6). Redoximorphic features were not observed in the wetland fringe. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. Wetland #2 tWL2J WL2 is a 0.1 acre type 3 (PEMC) wetland located on the east side of Orono Orchard Road and north of the Dakota Rail railroad tracks (Plan Sheet 3). WL2 is dominated by reed canary grass (Phalaris arundinacea) and cattail (Typha sp.). The northern wetland fringe is dominated by boxelder (Acer negundo), green ash (Fraxinus permsylvanica) and common buckthorn (Rhamnus cathartica). Soils are described as Hamel loam (lOYR 3/1). Redoximorphic features were not observed in the wetland fringe (0-15 inches). Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. Wetland #3 (WL3) WL3 is a 0.2 acre type 3 (PEMC) wetland (Plan Sheet 3). The wetland is located between CSAH 15 and the Dakota Rail railroad tracks. The dominant vegetation is reed canary grass (Phalaris arundinacea) and cattail (Typha sp.). Soils in the wetland fringe are similar to WLl. The first horizon (0-6 inches) is described as lOYR 3/1. The second horizon ( >6 inches) is coarse sandy road fill (lOYR 7/6). Redoximorphic features were not observed in the wetland fringe. Wetland boundaries are sharply defined by the toes of slopes of the existing road and railroad fill. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. Wetland #4 fWL4) WL4 is a 3.4 acre type IL (PFOIC) wetland on the south side of CSAH 15 (Plan Sheets 3-4). The vegetation is dominated by boxelder (Acer negundo), green ash (Fraxinus permsylvanica) black willow (Salix nigra) and common buckthorn (Rhamnus cathartica).. Soils have been disturbed. The area has been filled. The first horizon (0-15 inches) is described as lOYR 3/1. Redoximorphic features were not observed in the wetland fringe. The wetland fringe is not sharply defined and varies from 20 to 50 feet in width. Wetland #5 f WL5) WL5 is a type 3 (PEMC) 0.2 acre wetland located between CSAH 15 and the Dakota Rail railroad tracks (Plan Sheet 4). WL5 is dominated by reed canary grass (Phalaris arundinacea) and cattail (Typha sp.). Wetland boundaries are sharply defined by the toes of slopes of the existing road and railroad fill. Soils in the wetland fringe are similar to WLl. The first horizon (0-6 inches) is described as lOYR 3/1. The second horizon ( >6 inches) is coarse sandy road fill (lOYR 7/6). Redoximorphic features were not observed in the wetland fringe. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. Wetland U6 /WL6^ WL6 (Plan Sheets 4-5) is a type 3 (PEMC) 0.5 acre wetland located between CSAH 15 and the Dakota Rail railroad tracks. WL6 is dominated by reed canary grass (Phalaris arundinacea) and cattail (Typha sp.). Wetland boundaries are sharply defined by the toes of slopes of the existing road and railroad fill. Soils in the wetland fringe are similar to WLl. The first horizon (0-6 inches) is described as lOYR 3/1. The second horizon (>6 inches) is coarse sandy road fill (lOYR 7/6). Redoximorphic features were not observed in the wetland fringe. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks Wetland #7 (WL7) WL7 is a 0.7 acre type 3 (PEMC) wetland on the south side of CSAH 15 (Plan Sheets 4-5). The dominarit vegetation is reed canary grass (Phalaris arundinacea) and cattail (Typha sp.). Wetland boundaries are sharply defined by the toes of the slopes of the existing road and driveway fill. Soils in the area have been disturbed. Soil color in the first horizon (0-8 inches) is described as lOYR 3/1. The second horizon ( >8 inches) is coarse sandy road fill (lOYR 7/6). Redoximorphic features were not observed in the wetland fringe. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. Wetland #8 (WL8) WL8isa l.l acre type lL/3 (PFOIC/PEMC) wetland on the south side of CSAH 15 (Plan Sheet 5). The vegetation is dominated by boxelder (Acer negundo), green ash (Fraxinus pennsylvanica) and black willow (Salix nigra) in the type IL fringe. The dominant vegetation in the type 3 portion of the wetland is reed canary grass (Phalaris arundinacea) and cattail (Typha sp.). Soils in the area have been disturbed. Soil color in the first horizon (0-6 inches) is described as lOYR 3/1. The second horizon (>6 inches) is coarse sandy road fill (lOYR 7/6). Redo.ximorphic features were not observed in the wetland fringe. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. Wetland (\VL9) WL9 is a type 3 (PEMC) 0.1 acre wetland located between CSAH 15 and the Dakota Rail railroad tracks (Plan Sheet 5). WL9 is dominated by reed canary grass (Phalaris arundinacea) and cattail (Typha sp.). Wetland boundariesare sharply defined by the toes of slopes of the e.xisting road and railroad fill. Soils in the wetland fringe are similar to WLl. The first horizon (0-6 inches) is described as lOYR 3/1. The second horizon ( >6 inches) is coarse sandy road fill (lOYR 7/6). Redoximorphic features were not observed in the wetland fringe. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. Wetland #10 fWLlOl WLIO is a type 3 (PEMC) 0.1 acre wetland located between CS.AH 15 and the Dakota Rail railroad tracks (Plan Sheet 5). WLIO is dominated by reed canary grass (Phalaris arundinacea) and cattail (Typha sp.). Wetland boundaries are sharply defined by the toes of slopes of the existing road and railroad fill. Soils in the wetland fringe are similar to WLl. The first horizon (0-6 inches) is described as lOYR 3/1. The second horizon ( >6 inches) is coarse sandy road fill (lOYR 7/6). Redo.ximorphic features were not observed in the wetland fringe. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. Wetland//llfWL in WL11 is a type 3 (PEMC) 0.2 acre wetland located between CSAH 15 and the Dakota Rail railroad tracks (Plan Sheet 5). WLl 1 is dominated by reed canary grass (Phalaris arundinacea) and cattail (Typhasp.). Wetland boundariesare sharply defined by the toes of slopes of the existing road and railroad fill. Soils in the wetland fringe are similar to WLl. The first horizon (0-6 inches) is described as lOYR 3/1. The second horizon ( >6 inches) is coarse sandy road fill (lOYR 7/6). Redo.ximorphic features were not observed in the wetland fringe. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. Wetland #12 (WLl 2) WLl 2 (Plan Sheets 5-6) is a type 3 (PEMC) 0.4 acre wetland on the south side of CSAH 15. The wetland fringe is dominated by boxelder (Acer negundo), green ash (Fraxinus pennsylvanica) and willow (Salix sp.). Soils in the area have been disturbed. Soil color in the first horizon (0-6 inches) is described as lOYR 3/1. The second horizon ( >6 inches) is coarse sandy road fill (lOYR 7/6). Redoximorphic features were not observed in the wetland fringe. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. Wetland#13 (WLl3) WLl 3 is part of a MDNR regulated, type 3 (PEMC) wetland (#27-852) named Femdale Marsh.- WL 13 is located between CSAH 15 and the Dakota Rail railroad tracks (Plan Sheets 6-8). WL 13 is connected by a culvert under CSAH 15 to the main body of Femdale Marsh (WLl4). WLl3 is dominated by reed canary grass (Phalaris arundinacea) and cattail (Typha sp.). Wetland boundaries are sharply defined by the toes of slopes of the existing road and railroad fill. Soils in the wetland fringe are similar to WLl. The first horizon (0-6 inches) is described as lOYR 3/1. The second horizon ( >6 inches) is coarse sandy road fill (lOYR 7/6). Redoximorphic features were not observ’ed in the wetland fringe. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. Wetland #14 (WLl 4) WLl4 is part of a MDNR regulated, type 3 (PEMC) wetland (#27-852) named Femdale Marsh. WLl 4 is located on the south side of CSAH 15 (Plan Sheets 6-8). WL14 is dominated by cattail (Typha sp.). Wetland boundaries are sharply defined by the toe of slope of the existing road fill. Soils in the wetland fringe are similar to WLl. The first horizon (0-6 inches) is described as lOYR 3/1. The second horizon (>6 inches) is coarse sandy road fill (1OYR 7/6). Redoximorphic features were not observed in the wetland fringe. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. Wetland#15 (WLl5) WL 15 is a type 3 (PEMC) 0.2 acre wetland located between CSAH 15 and »he Dakota Rail railroad tracks (Plan Sheet 8). WLl5 is dominated by reed canary grass (Phalaris arundinacea) and cattail (Typhasp.). Wetland boundariesare sharply defined by the toes of slopes of the existing road and railroad fill. Soils in the wetland fringe are similar to WLl. The first horizon (0-6 inches) is described as lOYR 3/1. The second horizon ( >6 inches) is coarse sandy road fill (lOYR 7/6). Rcooximorphic features were not observed in the wetland fringe. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. Wetland #16 rWL 16) WL16 is a 7.3 acre, MDNR regulated, type 3 (PEMC) wetland (#27-851). WL16 is located on the south side of CSAH 15 (Plan Sheets 8). WL16 is dominated by cattail (Typha sp.). Wetland boundaries are sharply defined by the toe of slope of the existing road fill. Soils in the wetland fringe are similar to WLl. The first horizon (0-6 inches) is described as lOYR 3/1. The second horizon ( >6 inches) is coarse sandy road fill (lOYR 7/6). Redoximorphic features were not observed in the wetland fringe. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. Wetland #17 fWL 17) \ WLl7 is a type 3 (PEMC) 0.1 acre wetland located between CSAH 15 and the Dakota Rail railroad tracks (Plan Sheet 8). WLl7 is dominated by reed canary grass (Phalaris arundinacea)and cattail (Typha sp.). Wetland boundaries are sharply defined by the toes of slopes of the existing road and railroad fill. Soils in the wetland fringe are similar to WLl. The first horizon (0-6 inches) is described as lOYR 3/1. The second horizon ( >6 inches) is coarse sandy road fill (lOYR 7/6). Redoximorphic features were not observed in the wetland fringe. Wetland boundaries were established based primarily on elevation and hydrologic indicators such as water marks. WETLAND REPLACEMENT PLAN SEQUENCING The County has minimized wetland impacts by staying in the existing right of way whenever possible. The County also avoided and minimized impacts to wetlands by steepening slopes and pulling back the construction limits. The revised design calls for 2.3 acres of permanent wetland impact. The County shifted the alignment north, away from WLl4 (Femdale Marsh). The shift in alignment will minimize impacts to the main body of Femdale Marsh but does not reduce the total wetland impact. The area north of the existing road (WLl3) at this location is also part of the Femdale Marsh but is considered to have less value than the main body of the wetland. The County's ability to avoid wetland impacts when additional turn lanes ' ^adway shifts are necessary, is restricted due to safety requirements for road alignments " WETLAND IMPACTS Wetland impacts are shown on Plan Sheets 9-14. Tai individual wetland. Fourteen of the seventeen wetlam. project. Seven of these fourteen wetlands have less thar. are in the Mississippi River Metro watershed (watersh*. wetlands. A total of 2.3 acres of existing wetland will be of this project. This project qualifies for Nationwide Gene, the total impact is less than 3 acres. Four delineated wetlan. cts for each ♦ed by the u wetlands dS flood plain .u (filled) as a result rrom the USACE since WLl3-14, and WLl6) are also regulated by the MDNR. Total impact to these wetlands L ».2 acres. The remaining wetlands are also regulated by the Minnesota Wetland Conservation Act (WCA). Total impact to these wetlands is 1.1 acres. WETLAND REPLACEMENT The proposed wetland replacement plan (Plan Sheets 15-18) calls for the creation of 1.3 acres of new wetland credits (NWC) to replace the 1.2 acres of impact to MDNR protected wetlands. Wetland replacement area # 1 (WRAl) will be 0.8 acres of type 3 (PEMC), flood plain wetland in the Painter Creek subwatershed (Mississippi River Metro, watershed #20). WRA2 is will be 0.5 acres of type 3 (PEMC), flood plain wetland in the Painter Creek subwatershed (Mississippi River Metro, watershed #20). Table 3 summarizes the proposed new wetland replacement credits. In addition, final design for this road project will include mitigation for flood plain impacts. The County will investigate the identified flood plain mitigation areas as potential wetland creation areas. If feasible, these areas could function as both flood plain and wetland mitigation areas. The l.l acres of impact to WCA protected wetlands will be certified for replacement by the Minnesota Board of Water and Soil Resources (B WSR) as provided in Minnesota Rules 8420.0540 Subp. 5F. The Hennepin County Transportation Division, Department of Public Works, will comply with the requirements of Minnesota Rules 8420.0540 Subp. 5D and submit a report to the B WSR that includes the 1.1 acres of permanent wetland impacts described in this report. Wetland replacement areas will be graded to blend in with existing topography and will feature natural shapes and gradual slopes to help insure a functional wetland edge. All exposed wetland and mitigation areas above the ordinary high water mark will be reseeded using a wet meadow seed mix (Table 2) or a seed mix equivalent to the Minnesota Department of Transportation's wet forb mix to restore wetland vegetation. At least 25 rooted trees and 50 rooted shrubs will be planted in and around the wetland replacement areas. These plantings will be water tolerant native species or other suitable, desirable woody species or hybrids adapted to this region, such as black ash (Fraxinus nigra), green ash (Fraxinus pennsylvanica), red maple (Acer rubrum), silver maple (Acer saccharinum), swamp white oak (Quercus bicolor), hackberry (Celtis occidentalis), eastern cot'onwood (Populus deltoides), black willow (Salix nigra), sandbar willow (Salix exigua), nor -.m white cedar (Thuja occidentalis), red osier dogwood (Comus stolonifera), silky dogwood (Comus amomum), high-bush cranbeny' (Viburnum trilobum) and elderberry (Sambucus canadensis). MONITORING PLAN The replacement wetlands will be monitored in accordance with USAGE permit and Wetland Conservation Act (WCA) requirements (Minnesota Rules 8420.0600-0620). An annual report as spv . .ied in Minnesota Rules 8420.0620 will be submitted to the local governmental unit, MDNR and the USAGE. The purpose of the annual report is to summarize the results of the replacement wetland monitoring. Monitoring will continue for five years following the completion of the replacement project, or until a technical evaluation panel deems the replacement wetland to be fully functional. The annual report will include; a description of the project location, size, current wetland type and the desired wetland type; hydrology measurements; a list of dominant vegetation; color photographs of the project area taken from the fixed photo-reference points identified in this plan; and in the first report, a comparison of the as-built conditions to the approved design. i 2 TABLE 1 Wetland Wetland Type Wetland Impact Type Jurisdiction Number Impact (acres) WLl 3; PEMC O.lz 3; PEMC USACE; MDNR WL2 3; PEMC 0.00 N.A.USACE; WCA WL3 3; PEMC 0.18 3; PEMC USACE; WCA WL4 1L;PF01C 0.00 N.A.USACE; WCA WL5 3; PEMC 0.13 3; PEMC USACE; WCA WL6 3; PEMC 0.31 3; PEMC USACE; WCA WL7 3; PEMC 0.02 3; PEMC USACE; WCA WL8 1L/3;PF01C/PEMC 0.05 3; PEMC USACE; WCA WL9 3; PEMC 0.07 3; PEMC USACE; WPA WLIO 3; PEMC 0.07 3; PEMC USACE; WCA WLll 3; PEMC 0.14 3; PEMC USACE; WCA WL12 3; PEMC 0.00 N.A.USACE; WCA WL13 3; PEMC 1.09 3; PEMC USACE; MDNR WL14 3; PEMC 0.00 3; PEMC USACE; MDNR WL15 3; PEMC 0.04 3; PEMC USAGE; WCA WL16 3; PEMC 0.01 3; PEMC USACE; MDNR WL17 3; PEMC 0.04 3; PEMC USACE; WCA TOTAL 2.27 — •-.'V TABLE 2 WET MEADOW SEED MDCTURE Common Name (Species)Seeding Rate (pounds/acre) Wild millet (EchinochJoa cnisgalli) Annual rye (Lolium mukiflorum) Perennial rye (Lolium perenne) AlsiV*; clover (Trifolium hybridum) N2ti . :ed Mix (see below) 5.0 5.0 12.0 5.0 10.0 37.0 y*Jative Seed Mix ?Incorporate As Many species As Possible (Minimum of 2 Grasses/Sedges and 4 Forbs Grasses and Sedges: Canada bluejoint grass (Calamagrostis canadensis) Prairie cord-grass (Spanina pectinata)‘ Big bluestem (Andropogon gerardii) Switch grass (Panicum virgacum)^ Green bulrush (Scirpus atrovirens) Fox sedge (Carex vulpinoidea) Forbs: Swamp milkweed (Asclepias incarnata) Angelica (Angelica atropurpurea) Blue vervain (Verbena hastata) New England aster (Aster novae-angliae) Marsh aster (Aster simplex) Joe-pye weed (Eupatorium maculatum) Numerous other locally native species - consult nursery staff and tailor selection to site specifics ' Planting rhizomes is preferable to seeding because some seed stocks have very low germination rates * Use only locally - collected seed L. TABLES m4 Wetland Replacement Area # WRA-1 WRA-2 TOTAL Size (acres) 0.78 0.49 1.27 Wetland Type 3; PEMC 3; PEMC 2 m CD o m X 33 33 -H O ^ Om o (/) r" “u o (/)m m 2 I f- 0 o r- m -I 2 m z X I 2 o 1 r- o -H m X * 2X1 1 oi I — ItCD| * t(Ti icT»io'oi(r» |0,010,0 iO'O.O’iO s 2: 2: r m m m m m m m m 33 X 3) X cn cn u) tn I I i I iripipir l-^IOIOl^ |0|C^ iCn 'c D'o Ololoiolo fill 3? 7Q r- r- r“ r- O O O O 2 2: S 2m rn m m -H -H -H H m m m m X X X X (/> to to CO CO -c 6ii S O fil ^ -«l S9 S 0) s • • Rl-a ^ o * S «a 39 CO 00 •ft CO o 0» cn 0» mA I * i€ o ft o S ^ Rl Bi r* 09O «u |8 CO R) O CO •ft S S Rl 0» Os O © Rl CO “4 O =3 e 39 O 8 O S o «=4 =3 0V3 B ss Ri O S 39 &© 9 Ri > 5 o^ oB e g z z -c -4 K o -4 -Co S oM -a 9 B Ri Ri CO-a Ri 39 P* 2 *e Rl o ■a @ o 5 • ■ r* f=* CO Ri c=^m t s o 39 >C CO -a 39 > 9 Oz-a > z^ -a 0 Ri s rm1 o ® -a oz VI'fwI JL • — r w OB COs Ri Ri Zo Gvi B= ni f r- r* r* 2 > > > >> mz z z 2 o o o o o -« zo Rl Z) — o r- r*ss 9 Ri COo 58L S ‘Tl © Ss) XX m i/>t/> s Xmm X Xmo o m r- r > a i/i n -H r X nm c <— o tn -< s O CO oo 3> CO > o 2 CO X rv) Icn cn I sz 19 o oo o >a -4 oa 19 Z -4 ea a -4 -4 Os -o 90 m t/» CO s mzo m 2> 99mo o —< m < CO i Om 2:m ■M. 5 -M ‘ w X m iA <A s mzo mmzo o o >• %/% m -H O X 33 m m o — CD LA -< >► Zo o cn Ln m m HD Icn I cc -1 •D aj mc/> (/> i mzo 2mma> oma> mo 39mo o —Irr>. r- o ► Xt/i m "•8 539 m m o CD ~ CD tn Om CO 2 oo u 39 O m - f\) ->J ^ * 2scn 2 I oCO T9 39 m CO CO zm mz 39mo o o >■ m CO 39m < Om m 3 m i/% 2mm 99 somo o >• m > m § c »zo om o«* m 3> Ia noao mc/>m s>• mzo mz om z m o CD -< zm o o —« m r- o o>* X zto m a -H O 1^ 3z mm o CDs „to -< i >• o </» 2• __ Oo "D ZO OC-mo T' U> ro 2 stn 2 I ? Z S?mtoto s mzo mmz zmo r- o ► z to m -H O z m m o <— CD -< s o GO CO ccrc 3>o ^ u cn ; I m 3 A ^ J: 2 C C/ •Dao m CO CO om 50 mo s mzo mm zmo r- o o > X 5D CO m 9 m^ 5 m o 03 ^ CDuo •< o -H CO >• ^ V o. Q •D 3D O I m >z CD 2 ■D > O •H "Dm 3) ir >z “D• fS I ^ un 2 I ;=J o CO ’1 . i: v-f M- \ ’.- n...-.■:*--!.■■• • *\_ * ’ * * ‘ ■ • L * — ' \ ■ N- }’■• ./ • - i. |‘ . -»;• •.V ' A A \ \ — **•* ♦ ^ • . 'V. . . . . _ • .-•-••• ;- ’-V m k 09 T • ••• • ^jAff no m PD Xo — "D i/> o -i to — m z o o m m > > z z o o m om 2:o o o o o z z o o c c DO 3) to lO CD CD O O C Cz z o o > > DO DO -< -< >o Mi. > ' ;,f>V‘ VV '•■ *•- V'l'v .'. • . •'t /* ’ r V' ♦ • *•.• '• 'I > ^ -• \ 1// \ ^ y A \ . f /' k - - Vi , .. . •■ \1 TJ 5D m CO CO s m o m 50 aomo o>• > t/^ CO 5> O a CJ s 5?m </» 1/1 zmmz omz mo 09 -< mo o >> m O —H CO O CO 3> “T3 Icn mno oo "O Z)oc.mo CDro K> iv> cn I o CO •i tv * • /'// |/tt • 11 • I i’ ‘ / //'Vi,. \ If / lU I • f-II :H • /'• CX T3 3} O “nm </>c/> s mzo mm 90 asmo o m c ! R f»Im c ^ ot/* - s >» o o o cn tn -o N) Io> LA I r>m mo 09 -< «f I . I -I* s m c/9 c/9 i m o mm 99 99mo —« m f" o o ^ X 90c/9 m ^s sX m m o 09 :s 09c/9 -< s »z 0 1 o •H CO m "D o ^ —• Z ^. O •D 30 O GO m o • —• 7 u> I ^ cn ^ CJI I m -Hr- j>zo CO : ■ ‘ii>> .•"! I t c \: \ /• ,/ / / 1 \ ttl t I I / ‘ 1 / X \ % \ i / \ . \ / * I \ I-I:i 5 C •D S3 O*nmCAc/> om so m o s m zo mmz m o f o o^ X :oto m >.s s50 mmoo — o u> -< s » o »o Xm CO 2• __ oo “D 30 O w O • —• «>f\> ro I ^ ui ^ I o LO c tv C u -I u I s: c/ 3> T cr o M 3 3 ft! o 3 3 3 <m JO •H Is o to X CO Xmzzm z ro I r> o tn I •D X O C- m o AM*I IIo I mzo CO X Xoc. zo c» filo U) fs) fS) f\>H eft fil > S a M tt $ 2 o 7^ * t %9 C£& Ms s » $ fil « © 3 N « *. 1 oa o ■"S * ia oaese =a ■=fl 0v3 B Ss Rl z rr 2 2m m m m -H —I -H -<m m m m X X X X to CO CO (/> 1 ^ o Os >a o £S Daa > a o o o > a © fH s X -f -4 •< OPaa >a -fl 111 • <• *• ooioioioo e H *w o -fo o o a *{1 —A 'r> 'r^*O'O N)ioioiro I I I ^ 7s 7^ ^ om 1/1 O ► — noz 1/1oc mo I zo m Q *n m > 1/1 5 i2 ^ ° ^ ► ► Zo n - !z; I> -1 czo m S >z I m 3) < n > CD i/i -< M H 00 I n m z u. 2 > ^ •H m m JO > c i:-< oc JO m o 9 ^^ z r m 5 ”zm 1/1 O 3)mo i/ic T) ri JO< T) O 3) m m 3> 3J -« ► 3J 'n m -< O •H CD I -< > r* o o o o ^ 2: m m rn m -H —< —4 m m m m X X X X to CO CO CO -«> sa ^ ra r* N ^ ab a €9 -4aa * o ” O 3 a s © 2 X e fil SC s O ra fns -f oa < s o -fa > F* a r» : \ 1/1 — \ .’ i- vJ^ -JJ. a CO a ^ o ^ a K* s ^ s oa aa ao H ir m JOmo 5f oz X 3 P CO X -4aaaao -4 O X o X CO > X CD f\> fV)r>o tnno I jOl - 1 I 33m o O JO ►m 33 o ®^ i ► 33T3 m 33 O JO O ? 1m mn 33 m o 01 Z ^ Om zom o Zo mo w •-Omo C3rn Oo n O 33 n O 33 •n O 33 n O X ► 33 33 33 O< ► 1/1 ^ A ► 33 33 33 O< ► f"city'APPROVALAPPROVAL1CITY► 3) 33 33 O r > ■D D 3) O<m o o X I 1/1 -4 > 1/1 2*nU)l/l-<00> >33 I o C • O X O O O • Z O — < -1 -4c o r- . O^ —;*-n*§*5p -2|8S55||I. 5- is5l':t: a CO JO -H «« 'n O -n o U> Ai Xk > -4m V o mzo znma I X r»»r jr m a o ► 1/1 r“ i/i ► — z -n m — i/i o ► ^ S 22 S A Ls!-^ j g> X ** p a CO * -^Ul'*MON*-<4-*tniD<r rr I < j. I 1 f I I ( I I e 1/1 T} U> I ^ «4la>]^^_.U)^010A(Bl/»Ai04IM-*<DJ^O«lN»^ COsaa -4 r:o 55 o9 r* ► — -< m o f“ c o II It (• — z: n ? o •f o m2 M M Oi O -4 ►z X oc;:: tiA^ v» C« > z ► c D ► JO r- ► 1/1 • -« S%!5S •D ► 1/1 r- z -* — m o lo ‘'R6 Ul m oo ► 3J Oo o os o oz >i? z 1/1 n 37 m 5 i O zo a;. m a X > Ul 1/11/1 O I CD O M • * ►►►1/1—uiu» ^ -o"= Sig 34 •»____ — o m.— ,, O I C7 CV « x-4 .ii;c 1/1 o»M m n m o b 1/1 Imm a. 33 fH — -4 O r* X C— c -4 ►— -< o ► Tl rrJSL X m -4 1/1 I 31 3» — 1/1 O ► Cl m 1/1 -»i z o — •»! — -I Q — z — zoo oz o o p» 1/10 0 Z Z 1/1 -4-1-4 33 3) 3) O O — r- I* *0 m 33 o 33 33 O O O Z 1/1 *n Cl §s;3l/» o O -4 O T3 —5;s 33 Z O 31 O ► 33 I- V — O O— z < ni _ 3) o -4 1/1 Z m X 33 Q 33 m r- ^ S5- < ► C — z z O 31 m f~ 33 ► O O 33 m C -4 — -< 1/1 33 O — m o r* > 33 3) f*i n 1/1 •»! ►zn o u» r*i -4 z ►rn z 33 o ► > r~ 33o 1/1 -4 X • o r- *n -8U3 to -4cn m % 8 8 ► -4 -4 r- m m «z Ul —8?;-4 m m Ul 1/1 o T\ %S « ® S in -4 §oO O- s O O _____%o Z - „— z o Z -4 O Ul Ul o 33 — Ul -4 m -H X X o ► m —r- 33 *n r- ri — -4 O o o ► O • -4 Z — -4 ^ 1/1 Q I o X 2 m 33 ► Ul 0 o S o -4 < O Ul 1 m o O m 33 z -f z Ul ► f * » o C ► c m -4 r* o 33 oo <aa X Xo zzfn COaao 3 m «/>c/> sm 30 30mo o>> r- o CO m- s30 mm o ^ CD CO -< s o c/> >• □I o:jd >•o T) O ro rom o cn I mm c(/> r r f * ‘j" V .?ri^ ! ':U i if. ^ • I n r- m m g "m g -H O • ^ «/l S “•n -H> oom (/> ► 2 • O -— o z *-« o ► u 30 m (/I </i ms so o r- o 5l ms30 m m o i— CD in -< s o cn o:o CO -o o p* :z)m rv3 cn I mm CO -o m I ?i;9 9 ( IL^ JOms s * <m s s momzo JO om 9^ sz T) » ► rn < m m o w? ^ z fS § Aaj — M H z o c O H tA o *0 lA ► -« < > m • i K*o xS o o mI s Ills z gUi iA X 0 1 2r * emo •H Omz z § I? -io > «o OB ' % •. f" 8 K> f- CM Q M0 O O m 1 i §«• OB C9 CB — ^ m» U% o 30 5 »• Om 30 ii § IlA (A O *«IJ*-< z o & o lA ► M O j s mc/> CO § m § sm so om :o m o asmo r- o qs >• ac as to m >• -85» m m o CD :s B. ^to -< s m —4r— o -n ooo “TJ oz CO m o CO m ”D CO ^•^ o . o -D S f\> -< —J ^ is cn ^ J*. o CJl —< CDro f^Oro oCO oiro i__ o 5> >•:dm >• rom-nmroromo 5>CO 3Cm •n mro o >• ocz: c FLOOD PLAIN IMPACT/MITIGATION CSAH 15; COUNTY PROJECT 9222 Nciteniber 5, 1996 • •# ExistiHQ Conditions s ;» The existing project area is approximately 1,800 meters (5,900 feet) in length beginning in the City of Orono, 200 meters (660 feet) west of Orono Orchard Road and terminating 100 meters ^30 feet) east of East Hillside Drive in the City of Wayzata. The corridor width is approximately 18 meters (60 feet) extending from the existing right of way on the south side of the roadway to the Dakota Rail tracks on the north side of roadway. The existing roadway has bituminous surfacing with 3.6 meter (12 feet) eastbound and westbound thru lanes with 3 meter (10 feet) right turn lanes at the intersecting roadways. The shoulders are gravel and vary in width from approximately 0.5 meters (1.6 feet) to 3 meters (10 feet). The 100-year flood plain elevation in the project vicinity is 283.92 meters (931.50 feet). The adjacent wetlands paralleling the roadway have areas which fall below the flood plain elevation. Proposed Conditions The proposed roadway alignment is shifted 3 meters (10 feet) north of the existing roadway alignment to minimize impacts to the Ferndale Marsh and to accommodate traffic during construction. The proposed roadway typical section consists of a 3.6 meter (12 foot) bituminous thru lane in the eastbound and westbound directions with 2.4 meter (8 foot) bituminous shoulders. This typical roadway section passes through the Ferndale Marsh for approximately 500 meters (1,640 feet). In addition, in order to accommodate safe turning movements, there is a proposed 3.6 meter (12 feet) wide bituminous center two- way left turn lane from Orono Lane to approximately 1,000 meters (3,300 feet) to the east. To minimize the const<^uction limits, concrete curb and gutter is proposed on the south side of the roadway for approximately 920 meters (3,000 feet) from 185 meters (610 feet) west of Orono Lane to 65 meters (215 feet) east of Woodhill Road. The proposed embankment fill areas below the flood plain elevation are the sum of flood plain impact in both the City of Orono and the City of Wayzata which is approximately 1,438 cubic meters (1.2 acre- ft.). This flood plain impact is partially mitigated on a 1:1 ratio with the creation of ditches paralleling the roadway in the sum of approximately 191 cub'c meters (0.16 acre-ft.). Both the flood plain impact and mitigation are graphically represented by a dark shading on the attached cross section sheets. A summary sheet is also included. Additional 1:1 flood plain mitigation will be necessary in the approximate amount of 1,247 cubic meters (1.0 acre-ft.) which will occur within an area in close proximity to the project, however, the exact location has not been identified. When the mitigation site is identified, an updated submittal will be presented for final permit approval. '1 ADDENDUM 1 TO FLOOD PLAIN IMPACT/MITIGATION November 25, 1996 This addendum is a supplement to the flood plain impact/mitigation submittal to the Minnehaha Creek Water Management District, dated November 5, 1996. Since the said submittal, a flood plain mitigation site has been located and is identified as the Ferndale Cutoff. The Ferndale Cutoff is located adjacent to the project corridor and is aoproximately 250 meters (820 feet) in length. To mitigate the flood plain, the existing roadbed will be excavated to an elevation relative to the wetlands which parallel the roadway, and is approximately 0.4 meters below the 100-year flood elevation of 283.92 meters (931.50 feet). The volume of mitigation is 1300 cubic meters (1.05 acre-feet) utilizing the Ferndale Cutoff, plus the 191 cubic meters (0.16 acre-feet) from the ditches paralleling CSAH 15, for a total of 1441 cubic meters (1.2 acre- feet). In conclusion, the 1438 cubic meters '1.2 acre-feet) of flood plain impact will be fully mitigated with a 1;1 ratio. Attached is a plan sheet, cross sections and-a revised title shost> nimpact 0.>fif5.ft222ttA€TlANOS\R.OO01 WK4 Floodplain Impact Sta 0*650-0*740BnHacaiEDiVotuma (m3l > 9650 0 000 9660• 0 807 [ 4 035 i 9670 1 201 , 10 040; 9660 1 523; 13 620. 9690 1 867 1 17 060 9700 1.7131 180CO 9710 1 261 14 870 9720 I 0 2H 7690 9730 0 155 2 160j 9740 0 000 0 775 * 1 Total 98.24 1 Flood Plain Calculation Summary Floodplain Impact Sta 9*840 . KU W Station 1 Art! (m21 1 Voluma (m3l 1 9640 0000 t ' 9850 1 639j 8 195 9660 6 266 r 39 535 9670 7 434 66 510 9660 7 369 74015 9690 5 474 64 215 9900 5 447 54 605 9910 2785 41 160 _J920 0 067 14 360 99 * 0 067 0 770 99401 0 021 0 440 99501 0 204 1125 9960> 0 406 3060 99701 0366 3 870 9980! 05111 L_ 4 385 99901 0 626 5665 10000 1 0666 6 560 : 10010 1 119'9025 10020 1 5 267 1 31 930 10030 5C96I 51815 10040 4350l 47 230 10050 1 739]30 445 10060 1 936 18 375 10070 1 462 17 090 10060 • 1 666 15840 10090 1335 15 105 10100 1 703 15 190 10110 0 000 8 515 10120 1 325 6625 101X 0 996 11 60S 101401 0865 t 9405 I0l50j 0 872i 8765 \ 10160|20691 14 805 10170|2 424.22 565 10180;2 872 i 26 460 10190[2 4C2)26 370 10200!1321!18615 102101 1 597 f 14 590 102201 3 7C6 26 515 10230,3 37 410 1C240 3 836 36 070 10250 3 762 }36 000 10260 3 786 1 37 750 10270 3 775 37 615 10280 3 789'37 820 10290 TmTT 36 200 10300 1 4 0C6 39 285 103101 0!97 73 015 10320 1 0 236 4 185 1 1C330I 4 129 21 825 10340 1 3 3:^37 290 1 1C350 2 069 27 090 i 103601 COCO 10 44S( .Total 1265 S»| Floodplain Mitigation 1 Sla 9*910 • 9*990 f Floodplain Mitigation ‘ Sta 10*260. 10*670 station Araa (m2) i Votuma (m3)• Station Arta (m3)Volumt (m3) L i 9910 ooco 1 j KUO.ozcc 9920 0 720 3 750 j 1 10570'C !45 4 225 9930 0636 6 93Ct j 10580 t 320 9 325 9940 0 245 4 405i ' 105901 t 211 11 155 99501 0 370 3 075 r 106001 1 4C5 13060 9960^ 0 266 3 *80'; 106101 1 4C0 14 0251 9970 0 165 2 2t5 '' 10620'1 147 )12 735 9960 0 094 1 395 10630 •0 852*9 995 9990 0000 0 470 10640!0 591 ‘7215 t 10650 f 0 113 4 520 Total 25 46 _l0e€0 1 0 114 2 135 1 1 ! 10670^ I occo 0 570 1______L Total ••9t Fl( 4 3odplain Impact j ^ 10*420- 10*490 ' Station Araa (m2)Votuma (m3l . 10420 0000 10430 0 265 1 425 10440 0 276 2 8C5i 10450 0 277 2 765 0314 2 9551 io4rol 0205 2 595" 0 254 2 295 I 0 000 1 270] Total 1611': Floodplain Mitigation Station Arta (m2)Voluma (m3) 10760 0000 10790 0 028 0 140 j 10600 0 124 0 760* 10810 0 198 1 610 10620 0 231 2 145 10630 0 390 3 105 10640 0 952 6 710 10650 1 306 11 300 10660 1 196 12 520 10670 0 956 10 760 10660 ! 0 600 8 760 10690 0 635 7 175 10900 0 499 5 670' 10910 0 263 3810 10920 0 076 1 695 0000 0 380 tj Total 76 841 n Floodplain Impact Sta 10*510 .11*130 Station Arta (m2) !C-5t0 ‘0 000 Summary 1C520 1 0 563 2815 105301 0 894 7 285 . 1C540 0 945 1 9 195 i^ 1C550 1 048 9 965 i 10*60 1 197 11 225 1 1C570 0 100 6.465 i 10560 C813 4 565 105901 0 799 8 060 ! 10600 1 0917 6560 1C610 2 157 15 370 * 10620 1066 16 125 1C630 0636 9 520 106401 1 012' 9 240 j 1C650I 0 896 1 9 550 » 1C660| 0 787 1 8 425 1C67Q1 0 605 : 6 960 ' 10660 0 006 30S5| 10690 0 000 OOlli 10700 0 000 0 000 10710 0 925 4625 f 10720 0220 5725 f 10730 0 703 4615 1 10740 0956 6296 , 10750 0 649 9 025 f 10760 0 679 8 640 1 10770 1 1022 9 505 1 10760 1 006 10 140 10790 0 951 9 765 1C800 1 055 10 030 10610 1 106 10 605 ^ 1C620 1 C47 10 765 r 1C630 1 144 10 956 i 10640 1 040 10 920 MEm 0 867 9 535 106601 0 764*8 155 • 104701 0 899; 8 315 ' 10660 • 0 355! 6 270 . 10690 0 446 4005 I 10900 0 316 3 810 : 10910 0 278 Z970 ' 10920 0 219 2465 10930 0 327 2.730 1C940 0293 3 too 10950 0 277 2 650i . 10960 0 557 1 4 1701 1C970I 0 962 1 7 595 1C980 ' 0 282 1 6 220 139901 0 840! 5 610 nOOOl 1 0951 9 675 ilClOj 03221 7065 11320 1 281 6015 113301 0923 11 020 113401 0 497 7 100 MC!0( 1 252* 6 745 11C60I 1B78i 15 6*0 11070 2011 1 1944S 11050 ' 2 190 ! 21 005 11C90 1 170 1 16 800 :ii00 1 087 1 11 285 11110 2317? 17020 11120 1 055 1 16 860 11130 0 000 1 5 275 1 Total 1 67.24 irrpacts (m3) Sla 9*650 • 9*74 Sta 9*840 • 10*3 Sta 10*420 .10* Sta 10*510 -11* 68 240 1265 590 16 110 67 240 Total 1437 180 M.tigal.on (m3) Sta 9*910-9^99 Sta 10*560 .10* Sta 10*780 - 10^ 25 460 88 980 76 560 Tcial (m3)191 000 LOSS (m3)1246 180 1 V II/0S/9C IIMAM SUPPLEMENTAL NARRATIVE TO STORMWATER RUNOFF PERMIT APPLICATION CSAH 15; COUNTY PROJECT 9.222.' u *November 5, Purpose: ‘A': -j To supplement the standard permit application which is required by the Wetland Conservation Act, Rule B, "Stormwater Management and Erosion Control Plans for Individual Projects". Existing Conditions The existing project area is approximately 1,800 meters (5,900 feet) in length beginning in the City of Orono, 200 meters (660 feet) west of Orono Orchard Road and terminating 100 meters ^30 feet) east of East Hillside Drive in the City of Wayzata. The corridor width is approximately 18 meters (60 feet) extending from the existing right of way on the south side of the roadway to the Dakota Rail trarV- on the north s'de of roadway. The existing roadway has bituminous surfacing with 3.6 meter (12 feet) eastbound and westbound thru lanes with 3 meter (10 feet) right turn lanes at the intersecting roadways. The shoulders are gravel and vary in width from approximately 0.5 meters (1.6 feet) to 3 meters (10 feet). The existing impervious surface area is 13,870 square meters (3.4 acres) within the City of Orono and 7,242 square meters (1.8 acres) within the City of Wayzata. Currently the stormwater runoff flows unimpeded from the roadway to the adjacent ditches and wetlands. The roadside conditions vary from areas of water standing in puddles to direct runoff into wetlands and Lake Minnetonka. There are existing culverts connecting wetlands from north of the Dakota Rail line through wetlands between the track and roadway and to wetlands and Lake Minnetonka south of the roadway. These culverts are serving as a means to equalize the water elevation in the wetlands connected to Lake Minnetonka. The only water treatment available on site is natural filtration through the ground cover and wetlands. Proposed Conditions The proposed roadway alignment is shifted 3 meters (10 feet) north of the existing roadway alignment to minimize impacts to the Ferndale Marsh and to accommodate traffic during construction. The roadway typical section consists of a 3,6 meter (12 foot) bituminous thru lane in the eastbound and westbound directions with 2.4 meter (8 foot) bituminous shoulders. This typical roadway section passes through the Ferndale Marsh for approximately 500 meters (1,640 feet). There is a bituminous center two-way left turn lane from Orono Lane to approximately 1,000 meters (3,300 feet) to the east. To minimize the construction limits, concrete curb and gutter is proposed on the south side of the roadway for approximately S20 meters (3,000 feet) from 185 meters (610 feet) west of Orono Lane to 65 meters (215 feet) east of Woodhill Road. The proposed impervious surface area is 21,500 square (5.3 acres) within t'lc City of Orono and 7,115 square meters (1.8 acres) within the CU', of Wayzata. lli° City of Orono will have an increase of impervious surface area of 7,720 square meters (1.9 acres) while the City of Wayzata’s will remain unchanged. The stormwater runoff is proposed to be directed to standard catch basins in the 0:V1S_«22miVEaANOS\FLOOOt WK4 Floodplain Impact wi»>«ao.»»T4o ULlwiiPAjj ■Votwmt fm3l ' 9650 0 000 9660 0 807 4 035 9670 1201; 10 040 9680 1 523: 13 620 9690 1 887 17 050 9700 1 713 18 000 9710 1 261 14 870 9720 0 277 7680 9730 0 156 2 160 9740 0 000 0 775'k____ TQtal •8.24 Floodplain Mitigation St»9»9l0-9^990 Flood Plain Calculation Summary r Floodplain Impact '________Sti 9*840 . lQ»3ao Station Arta rm2l 1 Volum* (m31 i 9840 -- ooool 9850 1 639 8 195 1 9860 6 268 39 535 9870 ^ 7 434 68 510 9680 7 383 74 015 9890 5 474 84 215 9900 5 447 54 605 9910 2 785 41160 9920 0 087 14 360 9930 00^0 770 9940 OWI 0 440 9950 0 204 1 125 9960 0 408 3060 r 99701 1 0 368 ^' 38W 9980 [ . 0511|i 4385 9990 1 0 626 •5 685 10000*0 688 6 560 looiol 1 119 '9 025 10020'5 267*31 930 10030!5C96I 51815 10040 4 350!47 230 10050 1 739 !30 445 10060 1 938i 18 375 lOO’O 1 482 [17090 10080 1 6861 15 840 10090 1 335 15 105 10100 1 703 15 190 10110 0 000 8 515 101201 1 325 8 625 10130 ‘0 996 11 605 101401 0 8851 9405 loisoj 0 872 1 8785 101601 2 089 1 14 605 101701 2 424 .22 565 10180'2 872:26 480 10190?2 4C2I 26 370 102001 1 321 t 18 615 10210 j 1 597 ^14 590 -j£2ai 3 7C6 26 515 10230,3 776 •37 410 10240'3 838 38 070 •a:5o'3 762 38 000 10260 3 788 37 750 r 10270!3 775 !37 815 10280[3 789 ’37 820 102901 3 851 !38 200 10300*4 0C<39 285 10310;0 597 ^23 015 103201 0 238 4 165 1C330I 4 129 21 825 ' 10340*3 329 37 290 [ 1C 350 ‘2 083 27 090 1 103601 oocc 10 445 iTotal 126S SI Floodplain Mitigation Sta 10*!60- 10*570 Station Afta (m2)Volumt (m3) 1 • Station Are* (m2)Volume (m3) 1 _ ; 9910 0 000 .i 1C!€0 ,OOCO 9920 0 750'3 750j 10570 0 !45 :4 225 9930 0 638 6 9301 10580-1 320 9 325 9940 0 245 4 405 I 10590!1 211 '11 155 9950 0 370 3 075;106001 1 4C5'13060 9960 0 268 3 180 ’10610*1 4C0 14 025 I 9970 0 185 2 255*10620 =1 147 *12 735 9980 0 094 1 395*10630'0 852 ■9 995 9990 0 000 0 470 10640*0 591 7 215 106501 0 313 4 520 Total 2S 48 106601 0 114 2 135 1C6T0 OCCO 0 570 iTotat •t.9t 11A)5/96 Floodplain Impact Sta 10*420 ■10»490 l-lf 1 Voluma fm3l i i 10420 0 000 10430 0 265 1 425 10440 0 276 2 6C5 10450 0 2n 2 7S5 0314 2 955 10470 0 205 2595: 10480 0 254 2 295- 10490 OOCO [ 1 2701 To(a)ism Floodplain Mitigation Sta 10«760 •• 104930 Station Area (m2)! Volumt (m3) 10760 0 000 10790 0 028 0 140 i 10600 0 124 0 760* 10810 0 198 1 610 10820 0 231 2 145| 10830 0 390 3 105: 10840 0 952 6 71oj 10850 1 306 11 300 10860 1 196 12 5201 10870 0956 10 760] 10880 0600 8 780* 10890 0 835 7 175 10900 0 499 I 5 870 10910 0 263 3 810" 10920 0 070 1 695 109301 0 000 0 IfO 1 Total 76 581 Floodplain Impact sta lO^S’O • 114130 1 Station ! Arta (m3)Volume fmS)i I "0510| 00001 1 1C520! 0 563 1 3ai<i ! TC530 ' 1C540 * _ 0 894 1 7 285 L 0 945 i 9 195 1 1C550I 1048 9966 j 1C560 1 197 11 225 1 1C570 0 100 6.485 ! 10580 0813 4 565 L 105901 0 799 8 060 0917 8 580 : 1C610 2 157 15 370 * 10620 1 068 16 125 1C630 0 836 9 520 1C640I 1012: 9 240 1C650I 0 898* 9 550 tC660 | 0 787 1 6 425 JC670! 0 605| 6 960 10680 ! 00061 3055 10690 ! 0 000! 0 030 10700 1 OOOOl OOOQl 10710 ! 0 925 4625 10720 1 0220 1 5725 10730 0 703 4615 10740 0 956 8 295 10750! 0 849 0025 10760 0 879 8 640 107701 1 022 0 505 10780 1 0C6 10 140 10790 0 951 9 785 10600 1 055 10 030 1C610 1 106 1C 805 «C820 1 C47 10 765 1C830 1 144 I 10 955 108401 1 C40I 10 920 ^CftgQ 0 764 •8 155 10870!0S99 I 10880 0 3-5 10890 109CO 10910 1C920 10930 1C940 0 446 0 316 0 276 0 219 0 327 0293 109501 0 2H 10960 1 0 557 1C970 8 315 8 270 ^005 3 810 Z970 Z485 3 100 2,850 4 170 0 962 7 595 1C980 0 2S2*6220 10990 0 640 5 610 liQOOi 1101 O' 1 095 9 675 0 322 7065 11020 iiciol 1 281. "0 923 6015 11Q4QI iiC50f 11 020 0 497 7 100 1252 6 745 4^1 978 15 650 11070 2011 1 19445 nceo 2 190 21 005 11C90 ' 1 170 16 800 11100 r 1 C87 '11 285 11110 n 2 317-17020 I 11120 1 055 I 16 860 11130 0 000 1 5 275 1 Total I 87.24 Summary Impacts (m3) Sta 94650 -9474 Sta 94840 • IO43 Sta 104420 • 104 Sta 104510 • 1U 86 240 1265 590 16 110 67 240 Total 1437 180 M.tigat*on (m3) Sta 94910.9499 Sta 104560 • IO4 Sta 104780 • 104 25 460 88 980 76.560 Total (m3)191 000 Net LOSS (m3)1246 160 1126 AM ADDENDUM 1 TO STORMWATER RUNOFF PERMIT APPLICATION November 25, 1996 This addendum is a supplement to the stormwater runoff permit application submittal to Minnehaha Creek Water Management District, dated November 5, 1996. Since the said submittal, three additional items have been added: 1) A sump and baffle have been added to three catch basins, CB-2, C6-4, and CB-15. This catch basin modification will reduce suspended solids and roadway oils from entering the wetlands. 2) The 50 millimeter (2 inch) rainfall event has been changed to 62 millimeters (2.5 inch). This additional 12 millimeters (0.5 inch) will allow for sediment loading in the detention basin. The calculated dead pond storage requirement for the revised rainfall event is 1826 cubic meters (1.48 acre-feet). 3) The tax-assessed value has been calculated by applying the value of each parcel and the permanent right-of-way acquisition to the total project acquisition. Therefore, the tax-assessed value is $6.05 per square meter ($0.56 per square foot). np«rap concrete curbed areas which will outlet to the area between the railroad track and roadway or into sodded ditches. The four catch basins at the beginning of the project and the catch basin located across from the Woodhill Road entrance outlet directly into wetlands. A 0.3 meter (1 foot) deep by 1.3 meter (4 foot) sodded ditch parallels the Ferndale Marsh on the south side of the roadway. The sodded ditch will provide an area for natural treatment before discharge into the Ferndale Marsh. Conclusions A detention basin to treat stormwater runoff is not being proposed for this project. The calculated surface area of a wet detention basin using the proposed impervious surface areas as the area of flow contribution with a *’0 millimeter (2 inch) rainfall event is approximately 0.25 hectare (0.6 acre) with a 1200 millimeter (4 feet) depth. The project corridor doesn’t accommodate a detention basin for the following reasons: 1) Lake Minnetonka and the connecting wetlands have a normal high water elevation of 283.28 meters (929.40 feet) which is approximately 1.0 meters (3 feet) below the proposed roadway surface, 2) the topography of the project corridor is basically flat which prevents runoff from being conveyed in a storm sewer system for the length necessary to discharge to a detention basin, 3) the site location is not conducive to constructing a detention basin within the corridor because of the wetlands bordering the roadway. The proposed conditions summarized above are graphically represented on the attached plan set. Because of the above limitations it is not practical or effective to construct a wet detention basin to treat stormwater runoff within the project corridor. However, compliance to Rule B can be met with utilizing Rule B, 3d, which states that stormwater storage requirements be met on a regional basis in lieu of providing a site facility. Hennepin County hereby respectfully requests that the Minnehaha Creek Watershed District, the City of Orono and the City of Wayzata negotiate an agreement for a regional facility. m. o FLOOD PLAIN IMPACT/MITIGATION CSAH 15; COUNTY PROJECT 9222 November 5, 1996 . ^ Existing Conditions >.Jr The existing project area is approximately 1,800 meters (5,900 feet) in length beginning in the City of Orono, 200 meters (660 feet) west of Orono Orchard Road and terminating 100 meters (330 feet) east of East Hillside Drive in the City of Wayzata. The corridor width is approximately 18 meters (60 feet) rvtending frorn the existing right of way on the south side of the roadway to the Dakota Rail tracks on the north side of roadway. The existing roadway has bituminous surfacing with 3.6 meter (12 feet) eastbound and westbound thru lanes with 3 meter (10 feet) right turn lanes at the intersecting roadways. The shoulders are gravel and vary in width from approximately 0.5 meters (1.6 feet) to 3 meters (10 feet). The 100-year flood plain elevation in the project vicinity is 283.92 meters (931.50 feet). The adjacent wetlands paralleling the roadway have areas which fall below the flood plain elevation. Proposed Conditions The proposed roadway alignment is shifted 3 meters (10 feet) north of the existing roadway alignment to minimize impacts to the Ferndale Marsh and to accommodate traffic during construction. The proposed roadway typical section consists of a 3.6 meter (12 foot) bituminous thru lane in the eastbound and westbound directions with 2.4 meter (8 foot) bituminous shoulders. This typical roadway section passes through the Ferndale Marsh for approximately 500 meters (1,640 feet). In addition, in order to accommodate safe turning movements, there is a proposed 3.6 meter (12 feet) wide bituminous center two- way left turn lane from Orono Lane to approximately l,noo meters (3,300 feet) to the east. To minimize the construction limits, concrete curb and gutter is proposed on the south side of the roadway for approximately 920 meters (3,000 feet) from 185 meters (610 <"eet) west of Orono Lane to 65 meters (215 feet) east of Woodhill Road. The proposed embankment fill areas below the flood plain elevation are the sum of flood plain impact in both the City of Orono and tiie City of Wayzata which is approximately 1,438 cubic meters (1.2 acre- ft.). This flood plain impact is partially mitigated on a 1:1 ratio with the creation of ditches paralleling the roadway in the sum of approximately 191 cub'c meters (0.16 acre-ft.). Both the flood plain impact and mitigation are graphically represented by a dark shading on the attached cross section sheets. A summary sheet is also included. Additional 1:1 flood plain mitigation will be necessary in the approximate amount of 1,247 cubic meters (1.0 acre-ft.' which will occur within an area in close proximity to the project, however, the exact location has not been identified. When the mitigation site is identified, an updated submittal will be presented for final permit approval. ADDENDUM 1 TO FLOOD PLAIN IMPACT/MITIGATION November 25, 1996 This addendum is a supplement to the flood plain impact/mitigation submittal to the Minnehaha Creek Water Management District, dated November 5, 1996. Since the said submittal, a flood plain mitigation site has been located and is identified as the Ferndale Cutoff. The Ferndale Cutoff is located adjacent to the project corridor and is approximately 250 meters (820 feet) in length. To mitigate: the flood plain, the existing roadbed will be excavated to an elevation relative to the wetlands which parallel the roadway, and is approximately 0.4 meters below the 100-year flood elevation of 283.92 meters (931.50 feet). The volume of mitigation is 1300 cubic meters (1.05 acre-feet) utilizing the Ferndale Cutoff, plus the 191 cubic meters (0.16 acre-feet) from the ditches paralleling CSAH 15, for a total of 1441 cubic meters (1.2 acre- feet). In conclusion, the 1438 cubic meters (1.2 acre-feet) of flood plain impact will be fully mitigated with a 1:1 ratio. Attached is a plan sheet, cross sections ami a rovi-sed-tHTe-sneet> nImpact NAME:D:\01 S.Q222LOTU8\C8AH15 OEStONCOBY: J.BLOM DATE: (m7/Qe LAST REVISION: 11106/gs CHECKED BY: DATE: DATE PRINTED: ll/OS/gS HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS DRAINAGE DESIGN WORKSHEET C S.A H. NO. 15 CO.PROINO. 9222 SAP. 27-B15-15 RATIONAL METHOD RUNOFF (Q«C1A) 10 YEAR DESIGN; 25 YEAR LOW POINTS AREA C.B.f C.B •AREA C CXAREA SUM Te 1 Q SLOPE DIA PIPENO. FROM TO 0»)CXAREA (n*i)(mmAv)(m3»)(H)(mm)CAP (m3t)1 1 2 0.06 08 0.05 0.05 15.0 ai3 001 OM ”375~02022OUTLET006G6ao50.10 160 0.13 001 0.50 375 020 3 3 4 0.15 0.6 0.09 0.19 150 012 002 050 375 02044OUTLETa040.7 0.03 021 152 012 003 050 375 020 5 5 6 0.10 06 006 006 150 012 001 050 375 0206670.03 0.7 002 OOS 165 012 001 050 375 02077OUTLET0.01 0.7 0.01 009 17.8 012 001 050 375 020 S 6 OUTLET 0.10 0.8 0.08 006 15 0 013 001 050 375 020 9 9 OUTLET 006 08 006 006 150 012 001 050 375 020 10 10 OUTLET 014 0.7 0.10 010 150 012 0 01 050 375 020 11 11 12 035 05 0.18 ai6 ISO 013 002 050 375 0201212OUTLET0.11 08 009 026 150 0.13 004 0.50 375 020 14 14 OUTLET 0.18 08 0.13 0.13 15.0 0.12 002 050 375 020 15 15 OUTLET 009 08 007 0.07 150 0.12 001 050 375 020 IS 16 202 9.v3 09 003 0.03 15.0 0.12 001 050 300 Oil (1) INaUDES APRON7TRASH GUARD. PIPE DESIGN USING MANNING.S EQUATION VEL ) PIPE (m^fcENGTH 02 09 1.1 11 02 02 09 0.9 02 0.9 1.1 1.3 09 02 08 11.5 6 8 (1) 15 4 6 0(1) 17.5 145 18.8 (1) 19.8 (1) 19 8 (1) 198 (1) 3 218 (1) 5 8 (1) 168 (1) 47 4 TIME IN PIPE (min) 10 02 0.1 15 1.3 0.3 0.4 1.7 04 00 03 01 1 5 1 0 STRUCTURE INFORMATION TC. ELEV. UPCB 2M28 284 28 284 40 28481 284:48 284.94 264.50 284.40 28472 284 72 284 35 284 35 284 93 284 58 208 96 INVERT ELEV. UPCB. 283 36 28332 28365 28357 283.55 283 46 283.39 283 60 28379 283.70 28347 263 46 283 95 283 68 28571 TC. ELEV. INVERT ELEV. OWCBj.OWaB 283 32 283.29 284.28 284 81 284 94 284 50 284 35 286 64 28357 283 54 283 46 283 39 283 30 283 50 283 69 263 60 283 46 283 35 283 92 28360 28547 UPCB. DEPTH __l*!») 0.9 07 12 09 14 1.1 06 09 10 09 09 0.9 09 1.2 LOW C.B. DEPTH J 0.9 1.4 1.1 REMARKS STATION. OFFSET MISCELUNEOUS APRON OUTLET 9«8484-12.6m RT. APRON OUTLET 9^715.7-13.9m LT. APRON OUTLET 94845 4*14 3m LT APRON OUTLET 9>879.4-11 8m LT APRON OUTLET 9^1.5.11.7m LT APRON OUTLET 1CH129.9-12.2m LT APRON OUTLET 10t20S8-12.0m LT APRON OUTLET 10«510.0-13 8m RT. APRON OUTLET 10^580 0-12.0m RT. 'ipTEMPORARY/PERMANENT EROSION CONTROL CSAH 15; COUNTY PROJECT 9222 MPCA CONSTRUCTION ACTIVITY PERMIT Novenber 5, 1996 <• r * i*. wi •i :y GENERAL PERMIT; AUTHORIZATION TO DISCHARGE STORM HATER ASSOCIATED HITH A CONSTRUCTION ACTIVITY UNDER THE NPOES/STATE DISPOSAL SYSTEM PERMIT PROGRAM The National Pollutant Discharge Elimination System Permit will govern the methods and materials used for temporary and permanent erosion control. Attached is a copy of the governing permit, pertinent project specifications, and standard Mn/OOT erosion control details on plan sheets which will be included in the final plan set. The NPOES permit will be acquired prior to start of construction. The general contractor will sign in agreement with the permit requirements and a copy of the permit will be forwarded to the Watershed District. APPLICATION FOR GENERAL STORM HATER PERMIT FOR CONSTRUCTION ACTIVITY (IMHRIOOOOO) - INSPECTORS LOG FOR MPCA STORM HATER PERMIT GeneralContractor ’s C opy f»f I ct :i«o: MH RIOOOOO GENERAL PERMIT AUTHORIZATION TO DISCHARGE STORM WATER ASSOCIATED VITH A CONSTRUCTION AaiVITT UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/STATE DISPOSAL SYSTEM PERMIT PROGRAM tht provisions o{ (h« CU.n Vster Act. as aaended. (33 U.S.C. 1231 cc scq.; haroinaftcr, the ’Act"). 40 CFP 122. 123. and 124. as aMlldad. « »«q-! Minnesota Statutes Chapters U5 and 116. as aaended. and Hinnesou Rults Chipctr 7001; Thli ptrait tstablishes conditions for discharging stora vattr to vaters of the SUI« fcoB construction activities vhich disturb five or sore acres of total land area* Thif parait DOES NOT authorize: 1) Discharges or releases that are not store vater as defined on Page 18 (sea "Prohibitions" on Page U of this pernlt). * 2) The placeeent of fill Into vaters of the state. Unless notified by the Agency to the contrary, applicants vho submit a complet- application fora In accordance vith the requlre-ents of this pereit ar-» authorized to discharge score vater froe construction sites under the teres and conditions of this pereit hours after the cate -he aopitcation ispos tearked. Covtrtft undtr this perait vill rea.in in until construction is '’V *t.bill*.llon. .11 Mintenance tnhiwl*! *nd tht Ptraitte* hassubeitted a Notice of Tereination. regardless of tht bclov e.xpiratlon date. Date of Issuance: Septtabtr 3« 1993 Data of Expiration: SipCtfflcer 3* 1993 Debra L. HeCovern Manager. Industrial Section Water Quality Division Charles •. VUlians Coeeissloner Minnesota Pollution Control Agency ASM4fMtai«nni APVtkrircti Ml . rjfct 15 JtrowfA IS Prtmfd an rn^cinl P«r«p iOiiiAiniAf V au 10 |•mrNt fuiprt i«* iOfi6uniri« Table of Contents I. REQUIREMENTS OF TBIS PERMIT Page 2 of 21Pereit Not NN R100(X)0 . . . . . . y A) B) C) D) E) F) C) Prerequisites for Subeittlng a Pereit Application. Application for Coverage. . . . . . . .. . . . . Records to be Kept On Site. . . . . . . . . . . .! Erosion and Sedieent Control During Construction • 1) Erosion Control . . . . . . . . . . . . . . . . 2) Sadieent Control . . . . . . . . . . . . . . . | Inspections and Maintenance. . . . . . . . . . . .. Duration of Pereit Coverage. . . . . . . . . . . . . Appendices Incorporated by Reference . . . . . . . • • • . • • • • • • • • II. APPENDICES B) C) 0) E) F) APPENDIX A - TEMPORARf EROSION AND SEDIMENT CONTROL PLAN A) Coal . . . . . . . . . . . . . . . Assigning Responsibilities . . Plan Concents................................. Final Plans and Specifications Plan Retention ............................. Changes to the Teaporary Erosion and Sedieent Control Plan ........................................................... • • • • • • # • • • e e e e • APPENDIX B - PERMANENT EROSION AND SEDIMENT CONTROL PLAN A) Coal. . . . . . . . . . . . . . . . . . . . . . . . . .. B) Assigning Responsibilities . . . . . . . . . . C) Plan Contents. . . . . . . . . . . . . . . . . . D) Final Plans and Specifications . . . . . . . E) Plan Retention . . . . . . . . . . . . . . . . . F) Changes to tht Pereanent Erosion and Sedieent Control Plan . . . . . . . . • e e • • • • • • •••••eeeeeee APPENDIX C . PROVISIONS A) Applicability Criteria B) MPCA Address . . . . . C) Response . . . . . . . D) Authorized Discharges. E) Prohibitions ................. F) Definitions ................. • • • •• • • • • • ••••••ee • •••••• B) C) 0) E) F) C) H) I) J) K) L) M) APPENDIX D - RESPONSIBILITIES A) Transfer Ownership of Control . . . . Pereit Modification ............................. , Right of Entrv. . . . . . . . . . . .. Civil and Crlelnal Liability . . . . . Oil and Hazardous Substance Liability Liability Exeeption . . . . . . . . , Minnesota Lavs. . . . . . . . . . . .. Property Rights . . . . . . . . . . . , Severability . . . . . . . . . . . . . , NPDES/SUE Rules . . . . . . . . . . . Other Statutes. Rules, and Ordinances More Stringent Rules . . . . . . . . Agency Obligation . . . . . . . . . . 9 9 9 10 10 11u 11n 13 14 14 14 14 14 15 19 19 19 20 20 20 20 20 20 21 21 21 21 S.A.P. No. 27-615-15 CSAH 15; C.P. 9222 NovMber 4, 1996SELECTED SPECIAL PROVISIONS FOR MATERSHEO DISTRICT PERHIT — S-UA S- S- S- S-WA This project meets the criteria established by the Ninnesota Pollution Control Agency for requiring a General Penilt Authorization to Discharge Storm Water Associated With a Construction Activity under the National Pollutant Discharge Elimination System/State Disposal System Permit Program (hereafter referred to as the "MPCA Construction Activity Permit"). Bidders are advised that upon award of the Contract and prior to the commencement of any construction activities, the successful bidder will be required to sign, as a co-permittee. Part V (General Contractor Certification) of the Application for General Storm Water Permit. Copies of said permit and permit application form are Included elsewhere In these documents as attachments. All application fees associated with this permit shall be paid by the County. fl7171 AIR. LAND AND WATER POLLUTION Pollution of natural resources of air, land and water by operations under this Contract shall be prevented, controlled, and abated in accordance with the rules, regulations and standards adopted and established by the Minnesota Pollution Control Agency, and in accordance with the provisions of Mn/DOT 1717 as modified below: By signing the Proposal, the Contractor agrees to become a co- permittee with the Department to ensure compliance with the terms and conditions of the General Storm Water Permit (NNRIOOOOO). This permit establishes conditions for discharging storm water to waters of the State from construction activities that disturb five or more acres of total land area. A copy of the "General Permit Authorization to Discharge Storm Water Associated with a Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program* Is attached to this Proposal. In the event of conflict between these requirements and any applicable pollution control laws, rules, regulations, or permits of other Federal and State or local agencies, the more stringent requirements shall apply. (MPCACAP) S-WA The Progress Schedule required as per 1803.1 shall include and identify separate tasks for temporary and permanent erosion control activities. The Contractor shall provide the Engineer with an updated Progress Schedule each week construction activities are being performed. Weekly updates shall show all construction activities to be performed for the next four calendar weeks. Temporary erosion control activities must be identified on all weekly updates In timi frames which provide compliance with all applicable permits. 1-S (MPCACAP) S-WA S-WA S-WA S.A.P. No. 27-615-15 CSAH 15; C.P. 9222 November 4, 1996The Engineer shall have the authority to limit the areas ofsusr*n»<h?l and other construction activities*‘jj*c** ®*y either be planned or In progress *’* coBwensurate with the Contractor’s capability and progress with erosion control measures. The following Is hereby added to the end of the sentence In the tSl fJnoJlJjr"'' '•“'»■ •“‘'‘orlty to limit the surface area of excavation, borrow and fill operations and Contractor to provide Immediate permanent or temporary control measures to prevent contamination of adjacent streams and other water courses, 1»kes, ponds, and areas of water Impoundment Cu. slopes shall be stabilized by methods such as seeding and **c*''»J*o" proceeds to the extent considered ^actlcable. ..lopes shall be graded properly io minimize erosion The Contractor will be required to Incorporate all permanent erosion control fea^ros Into the project at the earliest practicable time and In acco^ance with all applicable permits, regulations and f^*^“***’ to Install erosion or sediment control measures as required v 11 result In the assessment of non-compliance charoes In accordance with 1717 and 1807 as modified herein.'^ charges The provisions of 1803.5A4 are hereby modified as follows: "The Contractor shall shape exposed soil and Incorporate temoorarv and permanent erosion control measures to the satisfaction of the^ Engineer and In accordance with the provisions of the attached HPCA Construction Activity Permit prior to suspension of grading operations for any appreciable length of time." The Contractor will be subject to an hourly charge for failure to perform roadway sweeping and cleaning activities as set forth "on-comp1 lance charges, for each separate Incident, will be assessed at a rate of $50.00 per hour for each Cc2n^?KtS^hI^nif «Sjll2d“''‘''' that The Contractor will be subject to an hourly charge for failure to (I) install and/or maintain the erosion control devices and 121 correct adverse erosion impacts; all as set forth in the Minnesota Department of Transportation Standard Specifications for Construction, these Special Provisions, appropriate permits incorporated herein by reference and/or attachment, and the direction of the Engineer. Non-compliance charges, for each separate Incident, will be assessed at a rate of $25.00 per hour PO'’t<on thereof which the Engineer determines that the Contractor has not complied. 2-S S.A.P. Ho. 27-615-15 CSAH 15; C.P. 9222 November 4, 1996the aforesaid non-compliance charge for failure to nulntaln the erosion control devices reouired I* n«t Intended to nor shall It be construed to be In lieu civil or criminal non-compliance penalties assessed aoainit^tha^ S-HA S-P S-WA NOTE: S-WA 125731 TEMPOHAPV EROSION COliTq^y|, 2573.1 DESCRIPTION is hereby modified as follows: I!ll? ,**’*1' •^O'isist of temporary measures to control and orevent lnstallino°"i«Ju»*?‘^l"®'*^*V°"' Include furnishing,^installing, maintaining and removing erosion or sediment control devices as required In the Plans, Standard Specifications these Eng?neerf'^'’'^^'°"*’ *PPHc*ble permits and as directed by the The following is hereby added to the list of Standard Soeclflcatlon references listed in 2573.2 MATERIALS: specification 9 f®®**. . . . . . . . . . . . . . . . 3876 5 f®**,,:,. . . . . . . . . . . . . . . 3878f Fertilizer. . . . . . . . . . . . . .388I G Polypropolene Plastic Netting . . . 3883 H Wood Fiber Blankets. . . . . . . . 3885 • Mulch. . . . . . . . . . . . . . . thi KllLlnJ:*"" *®®^ •'‘t" All applicable erosion control devices shall be Installed, inolace and operative within each separate drainage area and connected downstream drainage areas prior to the commencement of any construction activity that will result in the loss of p?Stective In impervious or vegetative, and erodible soil conditions. i?thln 36 hni.l^*nf°3K*'*?'’ i ‘"Stall any erosion control device wunin 36 hours of direction to do so by the Engineer. The following is hereby added as the second paragraph to 2573.3A: temporary erosion control work and the acceptance of said work by the Engineer, shall not relieve the Contractor of Its reponsibility or liability for preventing or minimizing the potential cr actual erosion or siltatlon. "'"'-'iing me 3-S s- s- s- S.A.P. No. 27-615-15 CSAH 15; C.P. 9222 November 4, 1996The following is here*»? <1ded as a third paragraph to 2573.3A: Failure to Install all »h*^^opriate and necessary erosion control devices In accordance w*..i all applicable permits and specifications will result In the assess«::nt of non-compliance charges as specified In 1807 herein. The following Is hereby added as a fourth paragraph to 2573.3A: The Contractor shall be required to maintain, at all times on the project site, a supply of the erosion control devices Included In the Contract. The minimum amount of on-hand erosion control devices shall be 10 percent of the Contract quantity for each Item. The Contractor shall replenish the supply as the Items are used to maintain the 10 percent on-hand materials regardless of the percentage of the estimated quantity previously Incorporated Into the project, unless otherwise directed by the Engineer. The following is hereby added as the second paragraph to 2573.4* When Included as separate pay Items under (2573) Temporary Erosion Control, the construction requirements, method of measurement, and basis of payment for seed, sod, fertilizer, polypropolene plastic netting, wood fiber blankets, mulch and disc anchoring shall be as specified In 2575, unless otherwise modified herein or directed by the Engineer. The first paragraph of 2573.3B Is hereby deleted and replaced with the following: All temporary erosion control devises .shall be constructed and Installed in conformity with the details, typical sections and elevation controls shown In the Contract and applicable permits. Actual alignment and location of the various Items shall be determined In the field by the Engineer. All erosion control devices rendered Inoperative or ineffective by any means shall be repaired by the Contractor In accordance with all applicable permits or as directed by the Engineer. In the event situations occur that are not covered by applicable permits or there are no permits governing the erosion control activities of the project, all erosion control devices shall be repaired by the Contractor In accordance with the following, or as directed by the Engineer: All erosion control devices shall be repaired within 24 hours after discovery of the failure. Failure to repair erosion control devices In accordance with the preceding provisions will result In the assessment of non-compliance charges as specified In 1807 herein. The following are added to 2573.4 METHOD OF MEASUREMENT as Indicated: 4-S S- S- S- S- S.A.P. No. 27-615-15 CSAH 15; C.P. 9222 November 4, 1996A 8ale Checks Bale checks shall be tightly bound bales of Type 1 mulch material with minimal dimensions of 12 Inches x 16 Inches x 38 Inches. K Seed (Temporary) Seed furnished and applied by the Contractor for temporary erosion control will be measured by the weight of each mixture or species used. There shall be no separate measurement or payment for applying or "seeding" the temporary seed. iparately illed L Mulch (Temporary) Mulch for temporary erosion control will be measured se| by the weight of acceptable materials furnished and appl acceptably. A separate measure will be made for each application of mulchlno materials. The minimum measurement for temporary mulching will be one (1) ton. M Disc Anchoring (Temporary) Disc anchoring of mulched areas for temporary erosion control, when required by the Engineer, shall be measured and paid for by the area In acres (one acre minimum). The following Is hereby added to the end of the first paragraph In 2573.5 BASIS OF PAYMENT: Payment for Temporary Erosion Control Items shall also be compensation In full for all mobilization necessary to fully perform all temporary Items as required. The following Items are hereby added to 2573.5 BASIS OF PAYMENT: Item No. 0573.511 0573.512 0573.513 Seed Mixture (Temporary) Mulch MaterlaTType _ (Temporary) Disc Anchoring (Temporary) Unit Pound Ton Acre f2S7Sl TURF ESTABLISWIENT Turf shall be established In accordance with the Provisions of 2575, except as modified as follows: Delete the second sentence of the first paragraph of 2575.3L1 from the Contract and substitute the following therefor: This maintenance shall Include caring for the sod on a timely day- by-day basis with watering being done, mowing when necessary, and replacement being made as the need arises and without the Engineer having to so order. 5-S s- s- s- S.A.P. No. 27-615-15 CSAH 15; C.P. 9222 November 4, 1996Delete the second sentence of the third paragraph of 2575.311 from the Contract and substitute the following therefor:All replacement sod shall be maintained for an additional 30 growing days after replacee^nt In the same manner provided above for the original installation. Upon expiration of the maintenance period or any replacement maintenance periods, the Engineer will n.ake a final Inspection and accept all sod which is in a normal healthy growing condition. No payment will be made for sod which is not In an acceptable condition at the time of the final inspection. Add the following to 2575.4C: The quantity of seeding for which payment will be made shall be the quantity shown in the bid schedule, provided, however; that payment will be made on the basis of the actual quantity instead of plan quantity if and to the extent that any area changes are established through remeasurement of the seeding areas as provided for herein. Either the Engineer or the Contractor may cause remeasurement of any area, in which case the final quantity will be adjusted on the basis of final measurements. The Contractor may cause remeasurement of seeding areas by submitting a written request to the Engineer stating the specific locations in which he feels changes were made or the planned quantity was in error. If, within 7 days after completion of all seeding, there has been no request submitted, the Contractor shall have waived his right to dispute the planned quantity for final payment for seeding under the Contract. The mulching material to be used for the Type 1 mulch shall be grain straw. 2575.4L in }ts entirety and 2575.5E (as it applies to mowing only) are hereby deleted from the Contract. Nowing of sodded areas as provided in these Special Provisions shall be considered incidental work for which no direct compensation will be made. S- s- s- f0575.6031 SNOW FENCE This work consists of furnishing and installing snow fence for reinforcement of bale checks in the approximate locations Indicated in the plans or as directed by the Engineer and the subsequent removal of the fence when the reinforcement Is no longer needed. The fence material shall consist of 1 1/2* x 3/8* x 48* pickets spaced two inches apart, firmly woven between five cables of No. 12 1/2 galvanized wire. Standard 1.33 pound per ft. metal posts shall be used, driven a minimum of 2 feet Into the ground and spaced on 8 foot centers. 6-S S-S.A.P. No. 27-615-15 CSAH 15; C.P. 9222 NoveiPber 4, 1996The fence shall be measured by length along the bottom of the fence and paid for as Item No. 0575.603 (Snow Fence) at the contract price per linear foot which shall be compensation in full for all costs incidental thereto including, but not limited to, all maintenance of the fence while in use and the removal of the fence when the engineer determlfies that it is no longer needed. When removed, all fence materials shall become the property of the Contractor. 7-S lECENO: eeCINNiNC TO STA. lO^MOSOO. TYPE EROSION $00. TYPE LAWNSEED MIX 900 HITh WOOD — FIBER BLANXET TYPE REGULAR \/Jj//}\ SEED MIX SOO WITH TYPE 1 »A.<LCH (DISC ANCHORED) SILT FENCE. HEAVY DUTY nnmm Zulu 9^SOO 94«00 C.S.A.H. IS 1; g' 0 « /: BEGIN PROJ.NO. 9222 GENERAL NOTES FOR TEWWARV AND PERMANENT EROSION AND SEOIUEMT CONTROL PLAN 1. THE CONSTRUCTION ACTIVITIES. KThOOS AND PROCEDURES USED ON THIS PROJECT ARE REOUIREO TO C(MN.Y ANO BE CONE IN ACCORDANCE WITH THE 'GENERAL PERMIT AUTHORIZATION TO DISCHARGE STORMWATER ASSOCIATED WITH A CONSTRUCTION ACTIVITY UNDER THE NPOES.STATE DISPOSAL SYSTEM PERMIT PROGRAM*. THE . . wr- CONTRACTOR SHALL BE RESPONSIBLE FOR SEOUENCINC HIS OPERATIONS SUCH THAT LANL THE REOUIRETCNTS OF THE PERMIT ARE ICT. 2. 3. THE REMOVAL OF »NY SEOItCNT OCPOSITEO INTO RECEIVING BODIES (BOTH EXISTING ANO PROPOSED) SHALL BE REOUIREO AW) SHALL BE COTStOEREO INCIDENTAL TO THE CONTRACT. PROJECT LAND FEATURES TOTAL IkPERVtOUS AREA: BEFORE CONST= 2.1 M. AFTER CONST= 2.9 ho TOTAL PERVIOUS AREA: BEFORE CONST* B.5 ho. AFTER CONST* 7.7 ho MINNETONKA r ' I Hibi r ^ ^cmrinio by messiONAL eNciNCLB nc. NO.OATC dravn bt CH£CK[0 BT LAST mvlSlON C.S.A.H. 15 HENNEPIN COUNTY PROJECT 9222 S.A.P. 27-615-15 M.S.A.P. 152-020-07 EROSION CONTROL ANO TURF ESTABLISHICNT SHEET < 7 4 V Si*iy* n w* IU lECeNOi STA. 9^780 TO STA. 10^t40SOO. TYPE EROSIONSOO. TYPE LAWNSEED UIX 900 WITH WOOD FIBER blanket TYPE REGULARSEED MIX 500 WITH TYPE 1 lAJLCH (DISC ANCHOREO) SILT FENCE. HEAVY DUTY 7//mK\\\1 % % A*r X ^aRli^KO BY 0RAW4 BT HENNEPIN COUNTY PROJECT SHEET liiiliiiiliiii CMtCKCO BT ••wiwiiwr in vuun 1 1 rniMLwl JcCc C.S.A.H. 15 S.A.P. 27.515-15 U.S.A.P. 152-020-07 63 FROFESSIONil ENCMCER RCC. NO. OATC LAST REVISION EROSION CONTROL & TURF ESTABLISHICNT 187 LCCCNO: STA. 10«>140 TO STA. 10^540 SOO. TYPE EROSION **-<688SOO. TYPE LAWNSEED MIX 500 WITH TYPE 1 mulch (DISC ANCHORED) NVWNSEED MIX TYPE 2SA WITH FORBES FOR WETLAND MITIGATION VtMSILT FENCE. HEAVY DOTY / mij nimninmninitiniiniitiuuuuu»uuuuu ...................................................... «-• * I Ir* b'S 'i hU r 'T ^CCATIFIEO BY ORAM Br HENNEPIN COUNTY PROJECT SHEET iiiiliiiiliiii ocato BY A’wiwiwwi 111 wWvw 1 1 1 nvwwVi C.S.A.H. 15 S.*.P. 27-615-15 U.S.A.P. 152-020-07 nwressiONu cncinccr rcc . no . oatc LAST BEViSION EROSION CONTRa & TURF ESTABIISHICNT 187 LEGEND: STA. 10^540 TO STA. I0>920 SOD. TYPE EROSION SOO. TYPE LA«NSEED MIX 500 WITH TYPE 1 MULCH (DISC ANCHORED)SEED MIX TYPE 25A WITH FORBESFOR wetland mitigation SILT FENCE. HEAVY DUTY MM •ww} i. mA /.r; g . . . tmitmmmmmniin 10W00 10^800 104500 «OWtO OITCM ^wosfo oircM Jf 0 n ■ ^0sciiE h U i r ▼anriFico by professional cncincer DEC. NO.Date ORAM BY OCCXEO BY LAST revision HENNEPIN COUNTY PROJECT 9222 C.S.A.H. IS S.A.P. 27-G1S-15 M.S.A.P. 152-020-07 EROSION CONTROL I TURF ESTA6LISHICNT LECCMO: STA. IO>920 TO STA. 11020 SOO. TYPE EROSION $00. TYPE LAWNSEED MIX 500 WITH TYPE 1 l -■ o MULCH (DISC ANCHORED) iXVWlSEED MIX TYPE 25A WITH PORBES FOR WETLAND MITIGATION MM SILT FENCE. HEAVY DUTY i- oiTCN Mowce eifCM Q: Q Ui Q I i i* s 9 6 .t c5 EROSION CONTROL I TURfCSTAetlSHMENT li mi liiilim CERT IF ICO BY ORAVH BY CNCCIEO BY LAST REVISION HENNEPIN COUNTY PROJECT 9222 C.S.A.H. 15 S.A.P. 27-€15-15 U.S.A.P. 152-020-07 professional encinccr rcc . no . date SHEET . / UCENO: STA. n 1+320 TO ENO Of PROJECTsoo. type EROSION maasoo. type lawn tjjfejjggSEEO UIX 500 WITH TYPE 1 CTTTaIWJLCH 101 SC ANCHOREOI l\.\.V\3SEEO MIX TYPE 2SA WITH FORBES la i FOR WETLANO MITIGATION CidQdSILT FENCE. HEAVY OUTY ■ EM) PfiOJECT NO. 9222 S.A.P. NO. 27-615-15 L, S k /Is- m *1 •• %likl cco Uio v/l -J X EROSION CONTRX & TURF ESTABLlSmCNT r'v h U i ttRTiritO BT nOAriM Dvr ^ ^UiliKlrl D*HENNEPIN COUNTY PROJECT 9222 iiiiliiiiliiii CHTCKCO BT ftv WwWiv 1 i V VvWWwVi C.S.A.H. 15 S.A.P. 27-615-15 U.S.A.P. 152-020-07 morCSSIOKAl CNCINCCR rec . no . date LAST REVISION SHEET CITY OF ORONO - 1997 WETLAND INVENTORY Approx. 1974 SWMP Circular Basin Area - Acres Normal DNR City inventory U Subwatershed 39 Type NWI Tvoe Soil Tvne 1975 Inv. 1996 Review Elevation Basin U 02-11 -A 02-1 1-B (Note 1) 02-1 1-C 02-12-A 02-12-B (Note 2) 02-13-A 02-21 -A (Note 2) 02-2 1-B 02-2 1-C 02-2 1-D 02-22-A 02-22-B 02-22-C 02-23-A 02-24-A 02-24-B 02-24-C 02-31-A 02-31-B 02-31-C 02-32-A 02-33-A 02-33-B 02-33-C 02-33-D 02-33-E 02-34-A 02-34-B 02-34-C 02-34-D 02-41 -A 02-4 1-B 02-42-A 02-42-B 02-42-C 02-42-D 02-42-E 02-43-A 02-43-B 02-44-A 02-44-B 02-44-C 03-1 1-A 03-1 1-B 03-12-A 03-13-A 03-13-B 03-13-C 03-13-D BB-3 BB-2 BB-3 TL-6 TL-6 BB-3 TL-6 TL-6 TL-6 TL-2 TL-7 TL-7 TL-11 TL-4 TL-5 TL-5 BB-7 BB-7 BB-8 BB-8 BB-10 BB-10 BB-10 BB-10 BB-10 BB-10 BB-8 BB-9 BB-9 BB-9 BB-4 BB-6 BB-5 BB-5 BB-6 BB-6 BB-9 BB-6 BB-6 BB-6 BB-6 BB-6 TL-10 TL-11 TL-11 TL-16 TL-16 TL-10 TL-16 2 PEMF Pa 1.7 3.5 952'857-W 2 PEMF Ma 1.2 0.5 963'- -PFOIC Ha -0.2 (D)950'- 6 PSSIC/PEMF Pa 4.5 4.5 962'- 2 PEMC/PSSIC Ma 1.3 3.5 959'- W PUBG W 2.6 2.6 960'853-W 2 PEMC/PSSIC Ma 2.5 3.0 958'- 2 PEMC Ma 2.4 1.5 956'- W PUBF W -0.5 957'- 2 PEMC/PSSIC Pa 1.7 1.7 955'- W PUBF Ma 0.2 0.5 946'- W PUBF W 0.2 0.3 946'- 2 PFOICd Ma 0.1 1.0 939'- 3 PEMC/PEMF Ma 3.1 2.5 960'856-W 2 PEMC Ma 2.2 2.2 956 ’• 2 PEMC Ma -0.1 962'- -PFOIB Ma -2.5 961 ’- 2 PEMC/PUBG Pm 7.0 1.6 (Note 3)939'm 3 PEMC Ma 2.1 2.1 931'- 3 -Ma 0.2 0.2 93 r • 3 PEMF Ma m 4.5 932*855-W 3 PEMF Ma 1.0 1.2 932’- 3 PEMF Ma 2.5 7.0 932‘855-W 3 PEMC/PSSIC Ma -2.5 931'855-W -PFOIC Ma -0.5 931'855-W 3 -Ma 0.2 0.2 931* 4 PEMC Fd I.O 0.7 931' 4 PEMF Fd 1.0 1.0 931’ 2?PFOIC Ma 3.5 3.5 932' 3 PEMF Ma 0.9 0.8 929 ’ 4 PEMF Ma 6.9 11.0 931' 852-P 3 PEMF Ma 1.4 1.4 931’• 3 PEMC/PEMF Ma 4.0 4.0 932’854-W 4 PEMF Ma 1.7 1.7 931'854-W 3 PUBF Ma 0.3 0.3 931'• 3 PEMF Ma 0.3 0.3 930’- W PUBF W 0.2 0.2 930’m 4 PEMF Ma 27.0 27.0 (Note 4)929'852-P 3AV PUBG Ma 1.3 1.3 929'852-P 3?PEMC Ma 0.3 0.3 930'- 4 PUBG Ma 4.0 4.0 929' 852-P 4 LU2BGX W 2.0 2.0 929 ’852-P 6 PEMC/PSSIC Ma 13.16.939’ 3 PEMCd Ma 25.2 25.937’ -PEMC/PUBF W?-1.0 964' 5 PEMC -0.5 0.5 960' -PEMC --0.6 961' *PUBF w?-0.6 950' PEMC m m 7???• ; •♦^ * • • W ii( v Ci^V''* ..* peMRV,. •rfUC^dr *• '"^'f-’^ ^P£MC ^V P£MP , ;^f • peMc /^.iWJBF \\Pl I? ?3 W f-j L_MKDINA •• IT riy^'^llvOr_. V-i"’^f3 tnc f3S^ ^JSUW. m ».., ^ -r' .. > V '• ^ ..^ .' ^■UUiSDP • : ,••'> • i’- : i , • *• . '♦ a »^ *»J f 'r »ij K ,-*e- •i.VS.T •• •••*.'*' %• ! • y ’ iLj r ':-. i/V t-.V: . -t'5..‘ ; I .■>> '. ■V; vr.-;'-- - •<• .'•Tr v.‘- .J.' :'i.iyPfeil^:*s '.S v^-' ■ '- vr^r . .>. ••■ ;;-:v • ..' V*- • < .* » -i * . ‘.J^» '•.,, • .:•.*-••«: ! ^ .’^ • V - CA * ’ V*- V* . ’^*. '.-C ' . •- ;7? '^* • ♦ •’*.- - ■ ••. ; \ ' •“ •• ; •'* /•' W ,i.v .•••.• W *.-:.vi^-.v.-.-,- • •• ■ -. •.,<.' n,*• 1- ‘ '■' r-.'1% A f • T •X § 10.56 2. Intensive vegetation clearing within 75 feet of the shoreline and on steep slopes^within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than 6 inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accomodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lock boxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. ___________ J. Topographic Alterations/Grading and Filling. 1. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this section. 2. Grading, filling and excavating is prohibited within 75' of the Ordinary High Water Level of the public waters enumerated in Subdivision 7 of this section. 3. Public and private roads, driveways, parking areas, and public or private watercraft access ramps shall not be constructed within 75' of the Ordinary High Water Level of the public waters enumerated in Subdivision 7 of this section. If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall take into account the following considerations: a. Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. b. All roads and parking areas shall be designed and constructed to minimize and control erosion to public waters consistent with the requirements of all agencies with jurisdiction. 4. Except for those projects requiring permits for construction of structures, sewage treatment systems, and driveways, a land alteration permit will be required as follows: ORONO CC 376-14 (2-24-92) § 10.56 a.For movement of 1-100 cubic yards of material anywhere within the Shoreland Overlay District/ a staff issued land alteration permit shall be required. b. For movement of more than 100 cubic yards of material anywhere within the Shoreland Overlay District, conditional use permit approval by the City Council is required in addition to the required land alteration pe^it.,__________ 5. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: a. Grading or filling in any Type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: (1) and retention; (2) Sediment and pollutant trapping Storage of surface run-off to prevent or reduce flood damage; (3) (4) (5) (6) Fish and wildlife habitat; Recreational use; Shoreline or bank stabilization; Noteworthiness, including spe cial qualities such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local State or Federal agencies including but not limited to watershed districts, Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. _______________ b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; ORONO CC 376-15 (2-24-92) / I i § 10.56 e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservatxon districts and the United States Soil Conservation Service; f. Fill or excavated material must not be placed in a manner that creates an unstable slope; g. Plans to place fill or excavated material on steep slopes must be reviewed by the City Engineer for continued slope stability and must not create finished slopes of 30% or greater; h. Fill or excavated material must not be placed in bluff impact zones; _ i. Any alterations below the Ordinary High Water Level of public waters must first be authorized by the Commissioner of the Department of Natural Resources under Minnesota Statutes, Seciton 105.42; • . . ' j. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby property; k. Placement of natural rock'rip rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed 3 feet horizontal to 1 foot vertical, the landward extent of the rip rap is within 10 feet of the Ordinary High Water Level, and the height of the rip rap above the Ordinary High Water Level does not exceed 3 feet. A rip rap permit shall be obtained per the recuirements of Section 10.03f Subdivisions 22^ 23 and 24 of this zoning code. 6. Connections to Public Waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, are prohibited above the Ordinary High Water Level. Such excavations below the elevation or the Ordinary High Water Level are subject to approval of the Department of Natural Resources and other agencies with concurrent jurisdiction. K. Storm Water Management. The following general and specific standards shall apply in addition to those standards found in Sections 10.55 and 11.41 of the Orono Municipal Code; 1. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be i^ed to convey, store, filter and retain storm water run-off before discharge to public waters. ORONO CC 376-16 (2-24-92) § 10.56 2. A development must be planned and conducted in a manner that will minimize the extent of disturbed areaSf run-off velocities^ erosion potential^ and reduce and delay run-off volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. 3. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle storm water run-off using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. 4. When constructed facilities are used to perform water management, documentation must be provided by a registered professional civil engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district. 5. New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. L. Hardcover Limitations. 4 1. No hardcover or impervious surface shall be placed, located, or constructed within 75 feet of the Ordinary High Water Level of any lake or tributary, except for stairways, lifts, landings, and lockboxes as regulated elsewhere in the Municipal Code. 2. Between 75 feet and 250 feet of the OHWL there shall be no greater than 25% hardcover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30% hardcover. Between 500 feet and 1000 feet of the OHWL there shall be no greater than 35% hardcover. M.Standards for Commercial, Public, and Semi- Public Uses. 1. Surface water—oriented commercial uses and public or semi-public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters, if permitted by the underlying zoning district standards. Those uses with water-oriented needs must meet the following standards: ORONO CC 376-17 (2-24-92) § 10.55 / 1 Subd. 6. Zoning Use Districts, The Zoning Use Districts as designated on the Official Zoning Map shall remain unchanged with the adoption of this Section. The provisions of this Section, including the designation of Flood Plain and Wetlands Conservation Areas, shall be in addition to all other provisions of this Chapter. Whenever conflicts occur between other provisions of this Chapter and provisions of this Section, the most restrictive provision shall prevail. Subd. 7. Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain. A. The regulatory flood protection elevation within the Floodway and Flood Fringe Districts shall be established by adding 1.0 foot to the Base Flood Water Surface Elevations within Floodway listed in the Floodway Data Table contained in the Flood Insurance Study. Regulatory flood protection elevations between cross-sections shall be interpolated. B. The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. C. The regulatory flood protection elevation within the General Flood Plain District shall be calculated by a qualified registered professional engineer in accordance with procedures set forth herein. - - --- - - - - - - - - - - - - - - - - - "SuBd. 8^Development Restricted; Prohibition. Except as hereinafter specifically permitted, no filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be allowed within the Flood Plain and Wetlands Conservation Area; nor on any lands within 26 feet thereof; nor on any land within 75 feet of the ordinary highwater elevation of any lake shoreline, nor on land abutting, adjoining or affecting said area if such activity upon those adjacent areas is incompatible with the policies expressed in this Section and the preservation of those conservation areas in their natural state. Subd. 9. Floodway District (FW). The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other City Code provision and provided all permits or authorizations are received as may be required by other City Code provisions or regulation of other governmental agencies having jurisdiction, including without limitation, the Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District, and the Lake Minnetonka Conservation District. In addition, no use shall adversely affect ORONO CC 365 (4-1-84) i § 10.55 the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system, and no use shall adversely affect the quality or quantity of ground water runoff or the quality of the natural environment. Chapter): A. Permitted Uses. (When in conformance with this 1. Agricultural uses such as pasture, grazing, and wild crop harvesting. 2. Fish and wildlife sanctuaries. 3. Recreational uses such as fishing accesses, unpaved hiking, biking, horseback or nature trails, and picnic areas. 4. Residential uses such as lawns and gardens provided no filling, grading or hardcover is involved. 5. Seasonally installed residential boat docks for single family dwellings. 6. Natural stone rip rap shoreline protection. 7. Sand beach blankets meeting the requirements of the Department of Natural Resources Regulation 6MCAR15021B. this Chapter): B. Conditional Uses. (When in conformance with 1. All other forms of shoreline protection including wood, metal, mortared stone or concrete seawalls. 2. All dredging or excavation of material from any lake bed, pond, or wetland or from land adjacent thereto.^ 3. All permanent boat docks or other similar structures. 4. All multiple boat docks including residential or commercial structures, whether seasonal or permanent. 5. Water control structures such as dams, culverts, and weirs. 6. Bridges and abutments. 7. Utility lines. 8. Other similar uses not specifically listed when approved by the Council and other reguia ory agencies, but no use shall be approved which will restrict >r obstruct any flood flow or which will raise the level of any f ood flow. Subd. 10. Flood Fringe Distr - (FFD). The following uses have a low flood damage potential . id do not obstruct ‘flood flows. These uses shall be permitte within the Flood Fringe District to the extent that they are not prohibited by any other City Code provision and provided all permits or authorizations are received as may be required by other City Code provision or ORONO CC 366 (4-1-84) § 10.55 regulation of other governmental agencies having jurisdiction, including without limitation, the Minnesota Department of Natural Resources, the Minnenaha Creek Watershed District, and the Lake Minnetonka Conservation District. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system, and no use shall adversely affect the quality or quantity of ground water runoff or the quality of the natural environment. A. Permitted Uses. (When in conformance with this Chapter): 1. All uses permitted in the Floodway District. 2. Agricultural uses such as general farming, outdoor plant nurseries, horticulture, truck farming and forestry. 3. Recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, parks and nature preserves. this Chapter) : B. Conditional Uses. (When in conformance with 1. All conditional uses as listed in the Floodway District. 2. Residential accessory structures such as open decks and patios provided the structure meets the setbacks required by Subdivision 8. 3. Commercial storage of boats and marina equipment in the "B-2" Zoning Use District, provided all storage meets the requirements of the "B-2*‘ Zoning Use District. 4. Other accessory uses not specifically listed when approved by the Council, but no use shall be approved which will restrict or obstruct any flood flow or which will raise the level of any flood flow. 5. All structures constructed as conditional uses shall be constructed in accordance with the State Building Code. Subd. 11. Standards for Floodway and Flood Fringe Conditional Uses. A. All Uses. No structure (temporary or permanent), fill, deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as conditional uses which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affect the capacity of the floodway or increases flood heights. ORONO CC 367 (4-1-84) § 10.55 B. Fill: » 1. No fill shall be deposited in the flcodway and any fill deposited in the flood fringe shall be no more than the minimal amount necessary to conduct a conditional use listed above. Generally fill shall be limited to that needed to grade or landscape for that use and shall not in any way further obstruct the flow of flood waters. 2. Spoil from dredging shall not be deposited in the floodway nor in the flood fringe. 3. All fill shall be protected from erosion by vegetative cover in the form of grass, natural ground covers, shrubs and trees as determined by the Council. 4. All filling and grading activities shall be performed with only "clean fill" as defined in Section 10.02. Source: Ordinance 47, 2nd Series Adopted: 2-21 —88 C. Structural Work For Flood Control. Structural works for flood control such as dams, levees, dikes and floodwalls shall be allowed only upon issuance of a conditional use permit. In addition, any proposed work in the beds of public waters which will change the course, current, or cross-section of the waters shall be subject to the provisions of Minnesota Statutes 1976, Chapter 105, and other applicable statutes. Subd. 12. Conditional Use Permit Review. Applications for conditional use permits shall be reviewed by the Planning Commission and the Council in the same manner as other zoning conditional use permit applications. No conditional use permit shall be issued unless the applicant, in support of his application, shall submit certified engineering data, surveys, site plans, flowage calculations, and other information as the City may require in order to determine the effects of such development on the affected land and water areas. A. Notice to State. Upon filing of an application for a conditional use permit, the Zoning Administrator shall submit to the Commissioner of Natural Resources a copy of the application for proposed conditional uses sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. A copy of all decisions granting conditional use permits shall be forwarded to the Commissioner of Natural Resources within ten days of such action. B. Conditions of Approval. In granting a conditional use permit the City may prescribe appropriate conditions and safeguards, which are in conformity with the purposes of this Section. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Section punishable as provided herein. ORONO CC 368 (4-1-84) § 10.55 C. Engineering Review. The City Engineer or other designated expert shall review applications tor conditional use permits and applications for uses within the General Flood Plain District and, consistent with Minnesota Regulation NR86-87, shall determine whether the proposed use is in the floodway or flood fringe and shall determine the regulatory flood protection elevation. The designated engineer or expert shall: 1. Estimate the peak discharge of the regional flood. 2. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. 3. Compute the floodway necessary to convey the regional flood without increasing flood stages more than 0.5 feet. An equal degree of encroachment on both sides of the stream within the reach will be assumed. D. Factors Upon Which the Decision of the City Shall be Based. In passing upon conditional use applications, the City shall consider all relevant factors specified in other provisions of this Section, and; 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. 2. The danger that materials may be swept onto other lands or downstream to the injury of others. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5. The importance of the services provided by the proposed facility to the community. 6. The requirements of the facility for a waterfront location. 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. 10. The safety of access to the property in times of flood for ordinary and emergency vehicles. 11. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12. Such other factors which are relevant to the purposes of this Section. ORONO CC 369 (4-1-84) § 10.55 Subd. 13. City Determination. Based upon the technical evaluation of the designated engineer or expert, and based upon the factors listed above, the City shall determine whether the proposed use is in the floodway or flood fringe and the regulatory flood protection elevation at the site. Subd. 14. Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purposes of this Section, the City may attach such conditions to the granting of a conditional use permit as it deems necessary to fulfill the purposes of this Section. Such conditions may include, but are not limited to, the following: facilities. operation. A. Modification of waste disposal and water supply B. Limitations on period of use, occupancy and C. Imposition of operational controls, sureties, and deed restrictions. D. Requirements for construction of channel modifications, dikes, levees, and other protective measures. E. Flood proofing measures, in accordance with the State Building Code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Subd. 15. Land Development and Platting. No part of any lot within ^he Flood Plain and Wetlands Conservation Area shall be platted for residential occupancy or for other uses which will increase the danger to health, life, property or the public welfare. All lots containing land within the flood plain districts shall contain a building site above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this Section and have road access no lower than two feet below the regulatory flood protection elevation. Whenever a portion of the Flood Plain and Wetlands Conservation Area is located within or adjoins a land area that is being subdivided, the subdivider shall dedicate to the City an adequate perpetual easement over the land within the protected area and along each side of such area for the purpose of improving or protecting the area for drainage or other purposes expressed in this Section and other recreational uses, as determined by the Council. Public or private streets, driveways, drainage openings and culverts shall not be constructed unless the design thereof has been approved by the City, and such structures shall be designed so as not to restrict the flow of water. Subdivision applicants shall provide all certified engineering data, surveys, site plans, flowage calculations and other information as the City may require in order to determine the effects of such development on the affected land and water areas. ORONO CC 370 (4-1-84) § 10.03 B. The establishment of any new building for the housing of animals or fowl shall be located 150 feet from the nearest lot line. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 C. Products produced on the farm may be sold at retail. One temporary roadside stand may be established for conducting such business. One temporary business sign not over eight square feet in area may be located in the front yard during the period when products are for sale. Off-street parking must be provided for. Source; Ordinance No. 172 ■Bflective Uatel JL-1-T5 Subd. 19. Prohibition. It is unlawful for any person to remove, fill, or use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar material within the limits of the City; to fill or reclaim any land by depositing such material or by grading of existing land so as to elevate or alter the existing natural grade; or to build, alter, or repair any seawall, retaining wall, or to otherwise change the grade or shore of lakeshore property without a conditional use permit issued by the Council. All of the above referenced land alterations involving filling and grading shall be performed with only "clean fill" as defined in Section 10.02. Granting of such permits is subject to .other regulations and prohibitions of the City Code, and other applicable statutes or ordinances of other governmental bodies Source: Ordinance 47, 2nd Series Adopted; 2-22-88 Subd. 20. Permit. An application for such permit shall be accompanied by a drawing made by a registered surveyor or other competent person showing the location of the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or stored, filled or graded, and such other information as the Council may require from time to time. Applications shall be filed with the City Administrator and shall be accompanied by a deposit to be determined by the City, which will be used to offset the cost of processing the application. Any unused portion will be refunded to the applicant. ORONO CC 258 (4-1-84) S 10.03 Subd. 21. Exception. The requirements of Subdivision 19 are not intended to govern the normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building, nor to any movement under 100 cubic yards which does not adversely impact the existing drainage. Such grading and earth moving shall be approved by the Building Inspector at the time of issuance of the building permit, providing that a plan showing proper drainage and protection of adjoining property has been submitted. Any unusual earth filling, removal or grading proposed by a builder shall be referred by the Building Inspector to the Planning Commission and the Council for action in accordance with this Chapter. The Building Inspector shall adhere to the following guidelines in the determination of unusual land alterations: 1. All excavations for foundations in excess of 12 feet if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. 2. Any additional fill brought on site in excess of 100 cubic yards except for fill required to raise grade for adequate frost footings protection. 3. Grading or alterations that would propose any changes in elevations within 5 feet of adjacent residential lot lines except for drainage swales and ditches. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 Subd. 22. Rip-rap Defined. Rock placed at water level of lakeshore to prevent erosion of shoreline by water action. Subd. 23. Permit Required. The requirements of Subdivision 19 are not intended to govern the normal and customary rip-rap of lakeshore property. It is unlawful for any person to rip-rap lakeshore property within the limits of the City without a permit issued by the City Engineer. Any unusual rip-rap shall be referred by the* City Engineer to the Planning Commission and the Council for action in accordance with this Chapter. Source: Ordinance No. 167 Effective Date: 6-25-74 Subd. 24. Application for Permit. An application for such permit shall be accompanied by a drawing showing the location of the proposed rip-rap and such other information as the City Engineer may require from time to time. Applications shall be filed with the City Administrator and shall be accompanied by a fee in the amount prescribed by the current City fee schedule payable to the City. Source; Ordinance No. 196 Effective Date: 8-22-77 ORONO CC 258-1 (4-1-84) \ COUNCIL MEETING MAR 1 0 J997 ITEM REQUEST FOR COUNCIL ACTIcJff^C^CRONO DATE; February 28, 1997 ITEM NO.: /{I2206 Department Approval: Name Elizabeth A. Van Zomeren Title Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: /SI2206, Elaine and Steve Silus, 3235 Casco Circle-Variances-Resolution Zoning District:LR-IC, Single Family Lakeshore Residential, 1/2 Acre, Sewered Application: Request for hardcover variances in the 75-250' and 250'-500' setback areas, average lakeshore setback variance, and structural coverage to allow removal of an existing structure and construction of a new residence Description of Request Applicants seek approval ol' multiple variances to permit construction of a new residence. The existing residence does not mee' »he average lakeshore setback, structural coverage or hardcover requirements. The applicants want to save a 26" hackberry tree in the rear or their property which has influenced the design of the proposed residence and restricts new construction in the 250' setback area. List of Exhibits: A. B. C. D. E. F. G. H. Application Applicant’s statement Property OwTier's list Plat map Existing Survey Proposed Sur\ ey Elevations Hardcover Calculations 02206. Elaine and Steve Situs J235 Casco CircU-Varwices CC3/l0f97 Pape I A ITEM #8 List of Exhibits (cont.) I. J. Floor Plans Resolution Pertinent Ordinances: HARDCOVER ANALYSIS 1. Section 10.22, Siibd.2, Lakeshore Hardcover and Land Alteration Within 75 feet of shoreline there shall be no excavating, filling, hardcover, temporary or permanent structures except as permitted under Subdivision 1 of this section. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hardcover. Within 250 feet to 500 feet of the shoreline there shall be no greater than 30% hardcover. Within 500 feet to 1,000 feet of the shoreline there shall be no greater than 35% hardcover. Distance from shoreline Total Area in Setback Hardcover Allowed Existing Hardcover Proposed Hardcover Variance Request 0-75'27.28% 6,117 sq. ft. 0 13 sq. ft.0 None 75'-250’55.46% 12,436 sq.ft. 25% 3,109 sq. ft. 28.64% 3.562 sq. ft. 29.64% 3,685 sq. ft. 4.64% 576 sq. ft. 250’-500’17.25% 3.867 sq. ft. 30% 1,160 sq. ft. 36.95% 1,429 sq. ft. 31.23% 1,208 sq. ft. 1.23% 48 sq. ft. TOTAL:100% 22,420 sq. ft. 19.04% 4.269 sq. ft. 22.32% 5,004 sq. ft. 21.82% 4,893 sq. ft. .0278% 624 sq.ft. Overall, the proposed design reduces hardcover by 111 sq. ft. However, the proposed design exceeds the hardcover requirements in both the 75'-250' and 250'-500' setback areas. The proposed design requires a 4.64% (576 sq. ft.) in the 75'-250‘ setback and a 1.23% (48 sq. ft.) in the 250-500' setback area. 02206, Elaine and Steve Situs 3235 Casco Circle-Variances CO 3/10/97 Page 2 ITEM if2> AVERAGE LAKESHORE SETBACK f J. Section 10.56, Subd.l6., C. 6.. Average Lakeshore setback No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots, except that this does not apply to stairways, lifts, landings, and lockboxes. Further, the average lakeshore setback shall apply only to classified lakes, and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakevvard protrusions of the residence buildings on the immediately adjacent lakeshore lots. The average lakeshore setback is between approximately 163' (northside) and 1 82'(southside) from the shoreline. The deck of the proposed residence will be forward of the average lakeshore setback approximately 8'. The existing house is located forward of the average lakeshore setback by 1 3'-20'. The proposed design moves is more conforming to the average lakeshore setback than the existing structure. The proposed residence requires an 8 ’ variance from the average lakeshore setback. STRUCTURAL COVERAGE ANALYSIS 4. Section 10.03, Subd. 14(C), Structural Coverage Lot Coverage. In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principr.’ and accessory structures shall not exceed 15% of the lot area. 02206. Elaine and Steve Silus 3235 Casco Circle-Variances CC 3/10/97 Page 3 ITEM #8 STRUCTURAL COVERAGE CALCULATIONS Lot Area:15% Structural Coverage Allowed: Distance from Shoreline Existing Structural Coverage: (sq. ft.) Proposed Structural Coverage: (sq. ft.) Variance Requested: 22,420 sq. ft.3,363 sq. ft.0'-75’0 0 None 75 ’-250’house= 1,844 house=2,702 deck= 360 porch=125 +1,343 sq. ft. or 5.99% increase over existing 250’-500’garage=666 house=248 -418 sq. ft. or 1.86% decrease over existing Total:2,510 sq. ft. (11.19%) 3,435 sq. ft. (15.32) 72 sq. ft. (.32%) Existing Structural Coverage^ 2,510 sq. ft. or 11.19% Proposed Structural Coverage= 3,435 sq. ft. or 15.32% Variance Requested: 72 sq. ft. or .32% The proposed design increases structural coverage on the site by an additional 925 sq. ft. which is a 4.12% increase over the 11.19% structural coverage of the existing residence. The proposed residence requires a .32% increase to allow 72 sq. ft. more than what is allowed (3,435 sq. ft. vs. 3,363 sq. ft.) Statement of Hardship The subject site is more than 300 feet in depth from Lake Minnetonka to Casco Circle. The site however, the width of the property is 55’ wide, which is substandard for this zoning district.. The minimum lot width for this zoning district is 100’. The buildable lot width ranges from 38 ’ to 45’. M2206. Elaine and Sieve Silus 3235 Casco Circle •’Variances CC 3/10/97 Page 4 \ ,\ 1 ITEM A larg-j specimen shade tree (26" hackberry) is located in the rear of the property. The applicants have pnposed a design that preserves the tree. The applicants also state that the narrow lot requires a longer driveway which increases the hardcovei needed. The average lakeshore setback far exceeds the 75 ’ shoreline requirement due to the homes on Casco Circle being set back farther than 75'. The proposed design is more conforming to the aver, ge lakeshore setback than the existing residence. The propose 1 design reduces the overall amount of hardcover on site and does not require any side or rear yard \ uiances even though it is a narrow lot. The proposed design also faces the garage door away from the street and is not excessive in height. The applicants could add more square footage to the structure by adding a second floor instead of more structuril coverage, however, given the narrow width of the lot, a second floor design would have more visual impact on adjacent properties. PLANNING COMMISSION RECOMMENDATION: The P'.anning Commission voted 5-1 in favor of the application. The opposing vote was raised because of the increase in structural coverage. COUNCi: ACTION REQUESTED: To either adopt or amend the enclosed resolution. 02206, Elaine and Steve Silus 3235 Casco Circle-Variances CC 3/10/97 Page 5 Application H J? C Cd Date Received t- 23- 9'7 ■fi Amount Paid 7^ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S220.00 (S50.00 per each additional variance) Renewal Variance Fee SI20.00 (no change from original application) Variance for non-conforming structures S220.00 >*1 . * i* . s •A After-the-Fact Fees (Double application fee) ^9 i'’’•• H i PROPERTY INFORMATION SiteAddress 3235 Casco Circle Propert>' Identification Number (P.LD.I #2011 7234 300 14 Attach legal description to application if not included on required survey. Date Property Acquire d 9/93 -----------------------------^(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of propert>'; x residential ___pother (specify). Zoning District: LRIC________________________________ applicant Name Flainp anH .^tpvp \ Phone (home) 471-9781 Phonefwork> 47S-S744 i Address: 3235 Casco Circle City: Orono Zip:__s5221 OWNER (if different than applicant) Name Same as above________ Phone (home) Phone (work)_ Address:Citv':Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $450.000. Describe request in detail: (See attachment)________________________ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width Y Hardcover Lot Coverage Setback:Front Side Rear X Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CON!: • H J <S Describe undue hardship or practical difficulty or unusual propert> conditions preventing compliance with Zoning Code requirements:_ -------- (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1. 2. v/ 3. v/ 4. 5. 6. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'/z" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in e.xisting grade are proposed. In addition, provide one (1) copy 8'/z" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy SYi" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 'v.'i N. The Applicant and Property Owner must sign this application. Please remember that vour variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. 7. ^ 8. vX Applicant's Signature Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable enuy onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature -.' ^ v ______Xi. ______ Date / Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled re\iew meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 /: 'I Jn-X- • Adjacent Propertj' Owners' Acknowledgement Form I (we) 'V L ■ ej//I of ^/ <? <//<\Jl^ [prim name(s)] [prrfit address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. X //f^ .■✓ Prope^/ Owner Date ///y > ^■:^v /y / ///Av /'/!' Propert>' Owner Date I (we)i,,l£eK pcmt name(s)) of (CuQ<rc^ CilL [print address] have reviewed the plans for the proposed improvement or proposed use of the propert>' located nt also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. (it /.^-r Ag Property Ovner /r- %=, Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. . y r 1/22/97 I* tK »• «A . IV' -■ - .i /• • 14 B Attachment to City of Orono • Variance Application For: Average Lakeshore and Hardcover Owner: Address: Elaine and Steve Silus Home 3235 Casco Circle Orono, Mn 55391 Contractor: Bruce Bren Homes, Inc. Architect: Sharratt Design Company 471-9781 475-0918 470-9750 DESCRIPTION OF REQUEST: The average lakeshore request is to be able to build the proposed structure in the same location as the present structure relative to the setback from the lake. The proposed most lakeside part of the new structure is a 1 story wood deck with the main body of the house setback about 10 feet from the deck edge. Therefore, relative to the existing 1 story home, the proposed main body of the home is 10 feet further back away from the lake. Only the proposed deck would be in the location of the existing structure. Due to the adjacent structure/straight line approach to the lakeside setback, this request is for a lakeside setback variance of 8 feet forward of the straight line setback created by the closest to the lake structure projections of the two adjacent lakeshore homes, but no further forward than the existing/heated home ’s enclosed area. The hardcover request is to exceed the maximum hardcover permitted for new construction, however the total proposed hardcover is less than the existing total hardcover. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS: Site The site is over 300 feet deep from the Minnetonka lakeshore to Casco Circle road. However, the site is very narrow. The buildable lot width at the proposed building location varies from only 38 to 45 feet. Homes along this area are typically built well back from the normal setback of 75 feet. The existing home is setback about 135 feet from the normal high water mark. The closest part of the home to the north is about 120 feet to the water even though it appears to be slightly behind the subject structure. This is due to an irregular lakeshore line. Reasonable use In order to put the site to reasonable use, any home design will maximize lake view in the narrow dimension. Correspondingly, the remainder of any space without a lake view will extend back away from the lake toward the street. These space '> normally include service spaces.laundry, mud room and a garage. Given the Owner’s reasonable program of space and function, a reasonable building length results. Specimen Tree in Rear Yard The proposed design is specifically designed custom for this Owner’s requirements and for this particular site. A large specimen shade tree, a 26" trunk diameter Hackberry, exists in the rear yard that the Owners very much want to preserve. If the proposed home Is required to setback from the existing structure’s location, it is nearly certain that the trauma caused by excavation and construction would destroy the tree. VARIANCE APPLICATION (cont.)• •- Hardcover Hardship for hardcover is simply due to a very small lot size behind the buildable lake setback and a deep lot requiring a long driveway. In the proposed design, an overall hardcover reduction In zones 0 ’ - 75’, 75' - 250’, and 250’ - 500 ’ has been made as follows: Zone Existing % of Zone Proposed %of Zon 0-75 13 .21%0 sq.ft.0%75 - 250 3562 28.64%3685 sq. ft.29.63%250 - 500 Totals Total lot area = 1429 5004 22,420 sq. ft. 36.95%1208 sq. ft. 4893 sq. ft. 31.24% Hardcover % of total lot =22.3%21.8% Summary The project’s hardships requiring the variance: • Very narrow lot width and small allowable buildable area. • Long lot depth requiring a longer than normal driveway. • Setback from the lakeshore of the present existing home structure is not unreasonable and is nearly double that which is normally required of 75 feet. If the existing home was adequate to remain, it’s position would not be required to change. • Protect and preserve large 26” diameter specimen shade tree in the rear yard. If further information or clarification is required, please contact Bruce Bren or Michael Sharratt. Thank you for your time. RUN DATE 12/12/96 BATCH 501 HENNEPIN COUNTY PROPERTY INFORMATIOt^ SYSTEM PROPERTY OflNERS LIST REPORT NO. PIA35901 PAGE 1PROP AOOR ONNER NAME Taxpayer NAME/ADDR 38 20-117-/A HZ 000403229 CASi'H CI8 0 R TRIPP 5 S K TRIPP GREGORY R A SHAROI{ A TRIPP 3229. CASCO CIR NAYZATA MN 55391 38 20-117-23 43 000500038 ADDRESS UNASSIGNED MARY SUSAN SNANSON MARY SUSAN SKANSON 3229 CASCO CIR NAYZATA MN 55591 38 20-117-23 43 0013 03237 CASCO CIR G NASIEOLAK I M NASIEDLAX G NASIEOLAK A M NASIEOLAK 3237 CASCO CIR NAYZATA MN 55391 PROP AODR ONNER NAME TAXPAYER NAME/AODR 38 20-117-23 43 0014 03235 CASCO CIR S 0 SILUS A E C SILUS STEPHEN SILUS A ELAINE SILUS 3235 CASCO CIR NAYZATA m 55391 38 20-117-23 43 0015 03233 CASCO CIR 0 M SPILSCTH A P D SPILSETH DAVID M SPILSETH 3233 CASCO CIRCLE NAYZATA MN 55391 38 20-117-23 43 0016 03231 CASCO CIR J E COOPER A J E COOPER J E COOPER A J E COOPER 3231 CASCO CIR NAYZATA 55391 PROP AODR OlfCR NAME TAXPAYER NAME/ADDR 38 20-117-23 43 0031 00038 ADDRESS UNASSIGNEO THE CASCO CO THE CASCO COMPANY ROBERT 0 MACNIE 3135 CASCO CIR NAYZATA HN 55391 38 20-117-23 43 0050 03241 CASCO CIR S A BULLOCK A E L BULLOCK SANDRA A A ERWIN LEO BULLOCK 3241 CASCO CIR NAYZATA MN 55391 TOTAL BATCH 501 00008 t( I r /S'- * •• I ^ • f.- •• . I. (y < 1v.:;' ;I. i-. 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HErfflEPIN COLWTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF MY KNOWLEDGE AND BELIEF. ^ P-l3 jfc ^YDATE 0 0 41 i> jh ^ 0% m % 9^ •«# iwl r*it. «I»W «ll tll«t •:*4l*l •4%«l«a «*>tl l«tv • wl |Hr MM* I • I Iiw*« W* %«Mt (wt I* • l*WM ■4t%«l «vl* « • Jritulrs I J*» W4.%-# . ^ • . * M*l . »**#r» 1 1# >• •• »»•• kui»»i44»l»* «*• *'***^«j ‘ r «lv*« • fc* •**••■•’.». lUlk li**#li*'** ••' *w |lir| »«.•». M 4—V .M.I ,4. ♦►•I. I *. sU..^ 4-1 Mlt.r. w^* ^***.1 t ■ * * •.% . S4I* •« *♦ • •• 0 • •^9$.»4*«4a^*«i^ tea#* W#M«| . 0^t9 /l«aa ___• ••. • * W . >. M##« T444f»4f*y •• ♦••*4 /##• ».ff •4#* COmN & GIMERCJ^I IKkK j.M. «k4iik.. -4.t« ,1*^4.' 4iioW4lW«S«4> M l.n-wfi'*;* I .< ) • ^*1 lltf’t," i"2 Ijnwf.slk \\niiu • 1I jk*’ M\ .»«.»• i.i: irv mi 4 ilb .4 \U-Mr«f4 \u^' |4>44»44 \I—4^4j l>r—' li>* * • •• • 4 • • • « «• *it r.jtf • «4n |4«4 • • f»-fr I tH- ^ • • • • •• • ••-.- • L. J I ^ CERTIFICATE OF SURVEY FOR ELAINE SILUS IN LOT 19. SPRING PARK HENNEPIN COUNTY. MINNESOTA • • •«»• • •» iwt IT. 4lkM 4ll,l»*4l I «*•%*••*» 4»tN»» «A>I i.» lh« l*«il yf l4Mil l»l«^ ^la.rH tAt ««kt«rlf v«t»H\luNk ul •••r ***• I I f \..1« |(.r •|y|l»irkw*k<*l'llwll'* 0 ’* ’ll WH 0JI»»| • i|r*.»irk I 4A Vr«iM>|k «!»>■•>• ••• LAkr*! w^»>ii*4» 4«k0>*»<J «l«* w« ^ . * I • ••I . »M* tr* Im »A .» |Im llUMMl^llVk 0* l**» 4lw*» IU0 I»M#|I..H • • «•• ••• kllA^ •|4l 4>|> «•’ I *'‘V ImI«(I00 ul 4(1 I *1)1 I MV 'V4<«ftW*«l M » ••••! I i -ii t •• %*•••# 4U| 0|l«n II * 0#* 0M% I • «» t 0«wl k . * ' l*k«%ll>»*• « '• •% 0 • *0W 0.«M4 0MM. *W • »*m$ ■ a> ^ 1 • ii#»4 Coffin & Gronberg . Inc. |.ii|i.if.Kk \unii« • I I •<L‘, M\ ^l: n IIn I HteK . . tM. 100 101- ••••» ■ »• J>* «0 •• •« ""A'* , apj ‘*4 I W i!L 0KM00 w4l "k*-*** ^I jaJ 1^ (m>>0< %|^ S I 4>«K«4 M—I kt«« • • • a • » • • l«t I'.jer i«ail « Ml i 0^« • • tJ-f7 . - 1 p f*- ^ ^ * f> r*iv4 V^PU!^ IfrW V MA.we ^m>4 _I~ ■ i/i>"«\'-o" ' iMOPCMO t«woo*«mjcTCMvn«. STLUS HOME aniCAaooK3«TCMaj omcmq mmmrA um* mAjcamtm»€»mxmc. mwoufHmo»omv mnATi^iMm 4n«i« »oMMrrof»QN MMwcooaoiLMt »cMfwoaai« «nw «»«v« A *<• ••-'*k. .*. .* • • ^ > ■ 6' ■ ) ■‘^ . :t• - » j^FT' P^ vi-jur 'TV^ u^'f .-V -r UJlSiOVI^ >-T- IMP. tPlb4lKkS|1 ) ~>— *»W mpp^K-e. • -siD& fe.i_E:,*>/^-ri ^ S-fffcnw mwao»mmjcrt3nof tx -------------------1/£?“- I'-«?•' SILUS HOMF. n CMOO»C«n C«QJ 0*00 UM490TA iUt* ■MXt MN»CA«1 *c ’MSXrrmMQAMAV «UVZATik »M MJtl 47M»1» »W«U-T 3(VOM ^MXXMCf UMf »O«>WX)0 MN I4U< 4/»«m •f rflUJ 01/09/1997 12:59 473-4435 1 r.*2 • •\ •f :i» (••*• I I ( \ • % *1 . * \ s .! J COFFItl S, GROHBER'i HARDCOVE^XALCULATIOM VVUKlv^HiiL t PAGE 02 /Z-/9‘9^ SETBACK ZONE: (CIRCLE ONE)Co-7^75-250*25.500’500-1000' FiaSTiNC HARDCOVER TN ZONE A. House _________ - * Lenfth X X X B. Oarage C. Driveway D. Sidewalk % » E. Patio/Dccic F. Landscape _ Underlain By Plastic Of Fabric ^iOROex. 0. Other $rfF*5. X X X X X X X X X pt^QpOSED HARDCOVER IN ZONE A. House _____________ X Length B. Garage C. Driveway D. Sidewalk X X X E. Paiio/D’eck** " F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X O. Other Width a S I-. S.F. S.F. S.F. S.F. .S F. s.r. S.F. S.F. I t S.F. ■s r. S.F. s r. ■ s.r. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A f3 _____ + B X 100 - jiliroTz S.F. S.F. S.F. Wiiiih .« I • • •• y, I'. S.F. S.F. S F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S F. S F. S F. • S.F. total hardcover in zone total property area in zone ^<1/7. S.F. S F. % A U A P ••• • • 01/09/1997 12:59 c ? ■ 473-4435 COFFIN S GRONBERG \» . V..' '• ■■ * SETBACK ZONE: (CIRCLE ONE) EXISTINH HARDCOVER IN ZONE A. House _______ HARDCOVER CALCULATION^ UKK^jiiEt i RCLE ONE) 0-75* ^7S-2S0|^ 2S«S00* PAGE 03 /I -/'/ 500-1000 ’ \Ol6 ^cjc ^t(P$ .j ’! B. Oarage .. C. Driveway I- ■ • D. flldewaik ^COH^s 'f *• E. Patlo/DecJt Lenfth "fir wwm X X X - Ho<^5£-1 64^ s.F - io F. Landscape ____ Underlain ___ By Plastic. ___ Or Fabric • Pa<2T 0r G. Other fO*cf X X X •X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B X 100 - • m * %•«» •».• PROPOSED HARDCOVER IN ZONE A. House ______________ Lenfth . • •• . . Hm»t »t » • • • WUith B. Garage C. Driveway D. Sidewalk X X X SAYAJ E. Palio/Dcck F. Landscape Underlain By Plastic Or Fabric O. Other X X X X X X X X X ■ii Jfr/c TOTAL HARDCOVER IN ZONE total PROPERTY AREA IN ZONE B /Z. 43JL % 100 i |IS7 03 356^ JC?:A___ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S F. S.F. S.F. S.F. S.F S.F S.F, % Z 7az s F S.F, S.F, S.F. ypo S.F S.F C6, S.F. / ? 2. S.F. 3^0 s.F. S.F. S.F. S.F. S.F. S.P. 3CtS s.F. A B A B 01/09/1997 12i59 473t4435 . i’ .* COFFIN CPOt'JBERG PAGE 04 /i-n-H :'^1SrrBACK ZONE; Qwog^500-1000* A. House t ; rr> Len|(h Width '.I, X X X 11 B. Garage 3g.^X 2.2.4 - £l/f- S C. Drivcwsy v^oo O stC^ X X 11 Jf « ^ . i 'i L., D. Sidewalk X X • • «• %• • • • M •^ -4«» #• <• E. Patio/D “tck X X F. Landscape Underlain . .By.Plastic. Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPER-nr AREA IN ZONE , ^ , , ,-nA /4i5 B 385 7 __ X 100 PROPOSED hardcover in ZONE A. House________— ^ Unfili Width 31 X • X S.F. •S.F. S.F. .S.F. S.F. 9 n\o 0 S.F. i 5S___S.F. ■ S.F. m S.F. 94 _ S.F. S.F. S.F. S.F. S.F. • • t •»• _S.F. M29 S.F. ^S.F. •fltf • 2 48^ • • # _ S.F. t• _S.F. B. Garage C. Driveway S.F. S.F. X X S.F. S.F. D. Sidewalk X X S.F. S.F. E. Patio/Dcck X X S.F. S.F. F. Landscape Underlain By Plastic Or Fabric X X X S.F. S.F. S.F. S.F. G. Other total hardcover in zone total property area in zone • A ® .JMZ.J, 100 - /zoe ^s.F. TPT7~~^_ s p. A B A B |o’-9Y<& (§) »**•** to»T , / =-.. - \ /-------- .............. ' . / ----C^UC. , RU^blsi ac- n^r^OK. ~<J-----^rr>^- __hi ■ / B .5;- _ r OJCS. UKjHi^-f *AMT. t \ u-f-. '_r V :T —V^iT«^*c«crr^LiA'»mw^.-*4! f—t—• ^ y '>4Aob'r ^ii. HMT ect UIMC«/ CC»UIM^ \r-----lUj^-il-----r ^ - :-wat»cttflrr4; , / BC4C>»a^t^ IZt* H" ii. « \ \ ! / I/— • i ‘ fM. y _>4fifTK»; ^'.1* Tfftou Ui*^ MP«;TYn _________ _ 4e^CC^ CnTT TVACC^f------------------------- |0* -Jf IM; <2(^10 -sp- n>4. ± ■^Cl^QMD *«»OCMmjCTOlGPT>«. SILUS HOMP ■MUdtMIMKMtaMC l«IKXm4MM0IMV mrUT^MNMaW UMttt^G^BwcBtyS.u.'r’sag (* <i«iC 3. Pe>cc*iex‘- -»o«,eC ^ *^« ^brxAA (^4j»COO^ oc^(jsjmr.&uv - l.;i. S'HjPkUC ^• \ U»UC1t. %MTft 1:..’ ‘ i 4. X«)toor«Qr U«»V ffV.«>3^a— E i.-eio^u. lAJ* II t D. , ^ -“PLjc-rt MOKKO *«wcoiST«««.riM9n« SILUS HOMF *S4S P4V* t mcAJoorowrcffca omcnq nMtaoTA mvi V^CiaMiN»CMf&»C l«tlOUT><MCMOMAr «U<ZATAMH|UM «IMMt ^l^rtgu^jmmxxMOiiAMt MonivwuQO i« wm w T A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16 (C-6) AND SECTION 1C «3, SUBDIVISION 14 (C) FILE NO. 2206 WHEREAS, Elaine Silus and Steve Silus (hereinafter "the applicants ”) are owners of the property located at 3235 Casco Circle within the City of Orono (hereinafter "the City") and legally described as follows: Lot 19, Spring Park, also all that part of vacated Lakeshore Avenue and of the tract of land lying between said vacated avenue and Lake Minnetonka which lies between the easterly extensions of the northerly and southerly lines of said Lot 19 (hereinafter "the property"); and WHEREAS, the applicants have applic-d to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2, Section 10.56, Subdivision 16 (C-6), and Section 10.03, Subdivision 14 (C), to permit remov?’ ^ f^c existing residence and construction of a new residence. Per Section 10.56, Subdivi.' ’ ' deck for the proposed residence shall be located 8' forward of the average lakesno - k where no such encroachment is allowed. Per Section 10.22, Subdivision 2, hardcover within the 75-250 ’ setback area is proposed at 3,685 s.f (29.v'4%) where 3,562 s.f (28.64%) is existing and where 3,109 s.f. (25%) is allowed. In the 25 )-500' setback area, hardcover is proposed at 1,208 s.f. (31.23%) where 1,429 s.f (36.95%) ;s existing and where 1,160 s.f (30%) is allowed. Per Section 10.03, Subdivision 14 (C), structural coverage is proposed at 3,435 s.f where 2,510 s.f is existing and 3,363 s.f (15%) is aPowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2206. Page 1 of 5 2. 3. 4. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District requiring one-half acre in area. The total lot area is 22,420 s.f. (.51 acres) in area. The Orono Planning Commission reviewed this application on February' 18, 1997 and recommended approval of the proposed variances based upon the following findings: A. The proposed residence conforms to side yard setbacks and height requirements. B. The proposed residence seeks to preserve a mature hackberry tree located at the street side of the property. C. The proposed residence reduces overall hardcover (5,004 s.f. existing; 4,893 s.f. proposed). D. The proposed residence more closely conforms to the average lakeshore setback than the existing residence. E. The proposed design (one-story) will minimize the visual impact of structure on a lot that is substandard in lot width. F. The City has not received any negative comments from the adjacent property owners notified of this application. 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 alTect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely seiv'e as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 I ^4 5.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 2, Section 10.03, Subdivision 14 (C), and Section 10.56, Subdivision 16 (C-6), to permit removal of an existing structure and construction of a new residence to be located 8' in front of the average lakeshore setback line, hardcover variance in the 75-250' setback "rea of 576 s.f. or 4.64% and a 48 s.f. or 1.23% variance in the 250-500' setback area, and suuctural coverage variance of 72 s.f. or .32%. Approval was su’oject to the following conditions:. 1.All hardcover improvements scheduled for removal shall be completed as shown on the approved survey and shall be completed prior to the footing inspection for new construction. 2.Authorities granted by this variance run with the property not with the applicants, but are permissive only and mu.st be exercised by application for a building pemiit within one year of the date of Council approval, or this variance will expire on that date (March 10, 1998). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The I'l. iersigned applicants have read, understood and hereby agree to the terms of •iv.s u lution and on behalf of themselves, their heirs, successors and assigns n<,;eby agree to the recording of this resolution ir, the Chain of Title of the property. Page 3 of 5 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of March, 1997. AITEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of March, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notar>' Public Page 4 of 5 Ti — If I M linn- III I rii n nn~- ~i ~i ~r i • 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 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 that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 COUNCIL MEEHNQ Mar 10 1997 ITEM/W) OITY OF ORONO REQUEST FOR COUNCIL ACTION DATE: March 6, 1997 ITEM NO.: #2210 9 Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Adniini5(iator's Rq»it Item Description: #2210, Kent E. and Susan Swanson, 3229 B Casco Circle-Amendment to Variance-Public Hearing Zoning District: LR-IC, Single Family Lakeshore Residential, 1/2 acre, sewered Lot Area:33,801 sq. ft. Application: Request for an amendment to a previously granted lakeshore setback and average lakeshore setback variance and a hardcover variance to extend a third floor deck and reconfigure a dining room window addition. Description of Request: Applicants seek approval of a lakeshore setback and an average lakeshore setback variance to amend a variance previously granted in August 1996 to allow remodeling of the kitchen and dining room of an existing residence. The amendment includes changing the shape of the dining room window that had been proposed as a bay addition. The amendment includes eliminating the kitchen addition. The revision also includes extending an existing third floor deck off of the master bedroom from l'x7' to 5'x7’. Previously Approved Variance The previous amendment was approved on August 26,1996 and expires on August 27, 1997. The variance was to add a bay window addition that would have encroached into the average lakeshore setback by 46.5' and the kitchen addition would have encroached 33'. The bay addition would have been located 65' from the shoreline and would have been exchanged for a deck that is 58.5' from the shoreline. 1 ITEM #9 The proposed additions each would have added 27 sq. ft. of structure over existing hardcover. Structural coverage would have been reduced by 49 sq. ft. List of Exhibits: A. Application B. Applicant's statement C. Property Owner's list D. Plat map F. Proposed Survey G. Elevations H. Hardcover Calculations I. Floor Plans J. Minutes from Previous Meetings J. Resolution Pertinent Ordinances: L AKESHORE SETBACK Section 10.22 Subd. J (A) Lake shore Setback The setback from the shoreline for lakeshore lots is 75 feet for all structures. The existing house is located on a peninsula. The house was constructed prior to the 75' shoreline setback requirement. The southwest correr of the house where the screen porch and master bedroom are located are forward of the lakeshore setback. The proposed deck extension would be located approximately 15'-17' forward of the 75' setback but does not extend beyond the existing screen porch. AVERAGE LAKESHORE SETBACK Section 10.22 Subd. 1 (B) Average Lakeshore Setback B. No principal or accessory structure rhall be located within 75 feet of the lakeshore nor closer to the lakeshore than ihe average distance from the shoreline of existing residence buildings on adjacent lets. This house is located approximately 50' lakeward of the average lakeshore setback because of its location on a peninsula and its relationship to the tw'o adjacent properties. Most of the house is located in front of the average lakeshore setback line. The proposed deck extension is approximately ITEM #9 43'- 48' in front of the average lakeshore setback. The deck extension will not impact lake views of the adjacent properties. HARDCOVER ANALYSIS Section 10.22, Subd 2., Lakeshore Hardcover and Land Alteration Within 75 feet of shoreline there shall be no excavating, filling, hardcover, temporary or permanent structures except as permitted under Subdivision 1, of this section. ithin 75 feet to 250 feet of the shoreline there shall be no greater than 25% hardcover. Within 250 feet to 500 feet of the shoreline there shall be no greater than 30% hardcover. Within 500 feet to 1,000 feet of the shoreline there shall be no greater than 35% hardcover. HARDCOVER ANALYSIS Distance from Shoreline Existing Hardcover Proposed Hardcover with first variance Proposed Hardcover with Amended Variance Variance Requested 0'-75' (17,537 sq. ft. of lot area in this setback £irea) 514 sq. ft. (2.93%) 465sq. ft. (2.7%) additions would have placed over existing hardcover 500 sq. ft. (2.85%) 2.85% A variance of 2.85% is being requested in the 0'-75' setback to allow for the deck extension which will add 14 sq.ft, of more hardcover than the previous proposal but which *vill be less hardcover than the existing amount. Statement of Hardship 1. The property exceeds the area and lot width requirements of the LR-IC Lakeshore Residential Zoning District. 2.The residence was constructed on the property prior to the 75' lakeshore setback requirement. The existing house met the original 50' lakeshore setback although the majority of the structure is located out of the 0’-75‘ setback area. 3. The pie shape of the lot places severe restrictions on the legal building envelope. ti’ ITEM 09 4.Over 50% of the lot area is located within the 0'-75' setback area. 4 5.There will be no visual impact on the lake views of the adjacent residences as the deck extension and reconfigured dining room window are located on the lakeside of the residence. Adjacent homes are located on a curved peninsula with view windows facing out to the lake and away from the applicant ’s residence. 6. The amended variance request results in less structure than previously approved. Planning Commission Comments The Planning Commission recommended approval as submitted. City Council Action To adopt or amend the enclosed resolution H22I0, 3229 B Casco Circle Kent and Susan Swanson- Variance Amendment page-4, March 10, 1997 City'Council meeting A I • .>«. J Application it cCl<^l Q_____ Date Received i • ^*4-I tc^ ‘ Amount Paid /J?<0 . CITY OF ORONO - VARIANCE APPLICATION - to Initial Application Fee $220.00 vap -IAN c^ AFt=’t,icAT)0,>^ ($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 . After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address ^ 2. ^ A £> dA S OO Qi Property Identification Number (P.1.D.)_ Attach legal description to application if not included on required survey. Date Property Acquired _______________________________________.(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: ___residential ___other (specify). Zoning District:____________________________________ APPLICAF^T ^Phone (home) 9~IOV) Name [(Ct^TT ________ Phone (work)_________________ Address:^dog(i^ ri^ro l-it)r//-^iW^ V\^^Cf2ArA- Zip: OWNER (if different than applicant) Name Phone (home). Phone (work)_ Address:City:.Zip: DESCRIPTION OF REQUEST Estimated Constmction Cost $ i^ooo (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ♦_________________ (attach additional sheets if necessary) 1 Describe request in detail: A i<> ~t^ (S^ , REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete: 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Fomi Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations s required. In addition, provide one (1) copy SY2' x H" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'A" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy S'/i” x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that vour variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff lime not covered by original fee payment) and/or consultant expenses innijifd in application, and certifies that the information supplied is trpe ^fST^^ect tp^he besT^ his/her knowledge. Applicant’s Signature 0\VNER ’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City^aff consultagts, agents. Commission members, and Council kcrincatimembers for purposep of i^fye: ifOwner's Signature igation^ai^d verification of this request.________ ifUjlMu _ Dale^ liU . Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. .1 REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour anplication to be considered complete; 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Fomi Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin Count)- Department of Finance, A-603, Govt Center, 348-3271), Certificate of Surv'ey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy SVi" x 11" for reproduction. Topographic sur\ey ^existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/j" x 11" for reproduction. Sketches or plans of flocr & elevation views (provide one (1) copy 8'/2" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that ypu.r vnrinnce applicntion is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incungd- in revimv ,flfthis application, and certifies that the information supplied is true qdH'^ect tpyhe best^ his/her knowledge. Applicant's Signature li—i flu.. / ^^9- OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable A m V . A _ ____ ________ ? A • ■entry onto the property by City^staff consultarUs. agents. Commission members, and Council ■ ■ id ve^cation of this request.members for purpos^ of i^tve^igation J/rOwner’s Signature Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. J i 8 Nestft Archiltclurt ^ 9 / Street E«ce'S'C' ^^'nresc^i 55331 • 12.474.loot 7AXt §12.474.0220 i/ c’^'^ r •'’ i / •». / 1/24/97 City of Orono Ms. Jeanne Mabusth Building and Zoning Administrator P. O. Box 66 Crystal Bay, MN 55391 Dear Jeanne, As you requested, please find enclosed a request for an amendment to Swanson’s variance. In response to the “Hardship/Description of Unusual Property Conditions section of the application, I feel the Swansons are justified in their request for the following reasons. 1. The deck addition is a logical and needed addition to the house and does not extend past the porch on that side of the house. 2. The deck below (second level) is being removed as part of the original variance. 3. The approved dining addition has been planned to extend less than originally proposed. 4. The approved addition on the other side of the house will not be built. As you can see, the Swansons are doing less than requested and approved and would be grateful if Orono would grant this amendment as a natural evolution to the design. Thank you and please call if you have questions. Mark L. Nesset, AIA I i RUN DATE 06/21/96 BATCH 502 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OI>MERS LISTPROP AOOR 0M4ER NAME TAXPAYER NAHE/AODR SO 20-117-23 43 0002 03229 CASCO CZR 0 P PARUPSKY A J A CARLSON OAVIO PARUPSKY 3229 CASCO CIR NAYZATA »t4 55391 PROP AOOR 0»tlER NAME TAXPAYER NAME/AODR 38 20-117-23 43 0005 00038 ADDRESS UNASSI6NE0 MARY SUSAN SNANSON MARY SUSAN SNANSON 3229 CASCO CZR NAYZATA MN 55391 PROP AOOR ONNER NAME TAXPAYER NAME/AODR 38 20-117-23 43 0017 00038 ADDRESS UNASSIGNED D C PUIN A P L PLAIN D CHARLES PLAIN 3227 CASCO CIR NAYZATA MN 55391 REPORT NO. PI43S401 PAGE 438 <.2-117-23 43 000303229 ^'ASCO CIR MARY SbJ^'^ SWANSON MARY SUSA'. SWANSON 3229 CAS.. CZR WAYZATA »t« 55391 38 20-117-23 43 000403229 CASCO CIR 6 R TRIPP ASK TRIPP GREGORY R A SHARON K TRIPP 3229 CASCO CIR NAYZATA m 55391 38 20-117-23 43 0015 03233 CASCO CIR D M SPILSETH A P D SPILSETH DAVID H SPILSETH 3233 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0016 03231 CASCO CIR J E COOPER A J E COOPER J E COOPER A J E COOPER 3231 CASCO CIR NAYZATA M4 55391 38 20-117-23 43 0018 03227 CASCO CIR D C PLAIN A P L PLAIN D CHARLES PLAIN 3227 CASCO CIR NAYZATA MN 55391 TOTAL BATCH 502 00008 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATipN, TO THE BEST OF MY KNONLEDGE AND BELIEF. cO ^ DATE \ r City of Orono 2750 K«llty Parkway P.Oi Box 66 Orono« MN 55323 Phone: (612) 473-7357 Fax: (612) 473-0510 MEMORANDUM DATE:March 6, 1997 TO:Mark Ncsset FROM:Lir Van Zomeren SUBJECT:Hardcover Calculations Please review these numbers, I am trying to fill them into my staff report as atlached. Distance from Shoreline Enlisting Hardcover Proposed Hardcover with First Variance for the Dining Room and Kitchen Addition Proposed Hardcover with Amended Variance for extension to third floor deck 0'-75’Wood Steps=House 31^House=383? Screen Porches Sidewalk®43 T Deck=35 in « ^ total , but 34 mDecks =: *7 4s>Patio/Deck Sidewalks/Landscape® 39 new hardcover? Walkways =Total «dMP Sidewalks/walk Houses Brick Steps B Rockbed - Landscaping Undelain with Plastic® Any other Hardcover « Total-•OtpfP ways =4*^ Steps B Rockbed ® landscaping=3*7 Any other hardcover that is existing which will remain? - O Total* ^OO Variance Request r MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JULY 15, 1996 (#5 -U2\49 Theresa Norsted - Continued) Lindquist commented that he would be in favor of a second stoiy deck if it did not encroach into the average lakeshore setback. Stem commented that he was strongly in favor of maintaining the average lakeshore setback. He did not wish to see a second story deck which he felt would obstruct his views. It was noted that trees would result in the same obstruction. Stem replied that trees were within the rights of the applicant where a deck was not. Stern asked that the Commission uphold the code. Peterson said, although he usually voted against encroachment into the average lakeshore setback, other members did not necessarily do so. Mabusth added that the City does listen to the comments from neighbors. Stoddard asked the Commission to give direction regarding the garage. Lindquist said he would be in favor of a garage no nearer than 1-2* from the lot line which might require a fire wall. Lindquist said a side setback variance would probably gain approval. Stoddard said a registered survey should be conducted During public comments, Susie Swanson noted that there was a garage on the site in recent times and questioned whether the felled garage could be grandfathered in. Peterson said the Commission does feel a property owner is entitled to a garage in this climate and would attempt to come to a resolve. Stem said he had no problem with a garage, only with obstruction of the views. Peterson moved, Lindquist seconded, to table Application #2149. Vote: Ayes 6, Nays 0. (#6) #2150 KENT AND SUSAN SWANSON, 3229B CASCO CIRCLE - VARIANCES - PUBUC HE ARING 8:17-8:25 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The applicants were present. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JULY 15, 1996 (#6 - #2150 Kent and Susan Swanson - Continued) Mabusth reported that the existing residence was built prior to the current Shoreland regulations The majority of the residence is located in front of the average lakeshore setback as it is located on a peninsula and lot is pie-shaped. The applicants are proposing a single-story bay addition which will extend no closer to lake than the existing 3' deck. A 27 s.f kitchen expansion addition will replace an upper level deck at 76 s.f. There would be no reduction in hardcover as a 3' path or walk exists below deck. A second addition involves a kitchen expansion of 27 s.f located over existing hardcover and upper level deck. One addition is within the 0-75' setback and the other in the 75-250' setback. One addition would be 49' in front of the average lakeshore back and the other at 33'. The setback of the lakeside deck exists at 58.5' and bay addition is proposed 65' to the lake. Mabusth added that she has received no calls from the neighbors, and there is no visual impact from the proposal. Peterson informed the applicants for the reason for the average lakeshore setback. It is to eliminate a leap frog effect from home improvements. He noted that the average lakeshore setback was meaningless for this particular property due to its configuration. Stoddard questioned whether both additions were necessary to meet the needs of the family. Peterson said there was a plan to complete both changes. He continued by noting the location of the home close to the lake requiring a variance, the reductions made, and creation of a different type of structure for stmeture, the problem arises when there are continual increases in hardcover. Susie Swanson replied that the setback was at 50' when the home was built meeting the code at that time. Mabusth added that the majority of the home was also out of the 0-75' setback. Smith was informed that the same architect was being used who originally designed the improvements for the residence in the early 1980's and 1993. Smith moved, Lindquist seconded, to approve #2150 for both additions. Vote: Ayes 5, Nays 1, Peterson, stating he was not opposed to the application but to the encroachment of the average lakeshore setback. (#7) #2151 JOHN AND JANICE HURD, 2795 CASCO POINT ROAD - VARIANCES - PUBLIC HEARING 8:25-9.03 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The applicants, along with their architect, were present. \ MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 26,1996 APPROVAL OF MINUTES (*#3) REGULAR MEETING OF AUGUST 12,1996 Hurr moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of August 12, 1996. Vote: Ayes 5, Nays 0. PARK COi\L\nSSION COMMENTS The Park Commission was not represented. PLANNING COMMISSION COMMENTS Planning Commission Chair Dale Lindquist had no comments. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR’S REPORT (#4) #2150 KENT AND SUSAN SWANSON, 3229B CASCO CIRCLE - VARIANCES - RESOLUTION #3753 The applicants were present. Mabusth reported that this property provides access to two adjoining properties. The proposal is for variances for hardcover in the 0-75' and 75-250' setback zones, lakeshore setback, and average lakeshore setback for the construction of two small additions. One addition is 27 s.f to the lakeside consisting of a single-story bay addition located in the 0- 75' setback. The applicants propose the removal of a 3' wide deck at 103 s.f. This improvement would result in 76 s.f reduction of structural coverage. The other addition is located outside of the 0-75' setback area. It is a single story addition to the kitchen to expand the dining room area. There w'ould be no reduction in hardcover as improvements will be located over exist ’mg hardcover. The additions are located 30’ and 40+' in front of the average lakeshore setback. Mabusth said the applicants are in the process of reviewing their financial ability to complete the additions. Applicants may only proceed with one improvement. Mabusth noted that the Planning Commission recommended approval of the variance application. The only member voting against the proposal was Peterson, who historically has voted on principle against proposals encroaching the average lakeshore setback. Peterson did say that there was no wsual impact for neighboring properties. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 26,1996 (#4 - #2150 Kent and Susan Swanson - Continued) Goetten asked the applicants which of the proposals they will construct. Susan Swanson asked that both of the additions be approved. Swanson noted one will allow' room for a dining room table. Two access doors are now located next to each other, and it is the applicants desire to clear up a traffic pattern problem. Swanson added that the additions will not increase the hardcover on the property. Jabbour moved, Hurr seconded, to approve Resolution #3753. Vote; Ayes 5, Nays 0. (*#5) #2156 MICHAEL & THERESA EASTMAN/LAKEVIEW GOLF, 4520 WEST BRANCH ROAD/405 NORTH ARM DRIVE - SUBDIVISION OF LOT LINE REARIUVNGEMENT - RESOLUTION #3754 Hurr moved, Goetten seconded, to adopt Resolution #3754, granting a subdivision of a lot line rearrangement for Michael and Theresa Eastman of4520 West Branch Road and Lakeview Golf Course, 405 North Arm Drive. Vote: Ayes 5, Nays 0. (#6) #2158 JOHN O SULLIVAN/GRACE BAPTIST CHURCH PROPERTY, 2380 SHADYVVOOD ROAD - REZONING - ORDINANCE #149,2ND SERIES Applicants, John O'Sullivan, Erwin Smith, and Dan Clausen, representative of the church, were present. Gaffron reported that the request by O'Sullivan is for rezoning of the Grace Baptist Church property. A public hearing relating to the rezoning was held during the Planning Commission meeting on August 19, 1996. Due to a time constraint with the purchase offer, the applicants asked that the Council-hear the issue at this meeting. Gaflfron continued hi reporting that the propert)' is a 1.7 acre parcel located in the LRIC, 1/2 acre residential zone, and is requested to be rezoned to the B5, Limited Neighborhood Business District. The property is located north of the intersection of CoRds 15 and 19 near Navarre Lane. The property is surrounded by LRIC zoning to the north and B1 commercial to the southwest and southeast. The proposal within the B-5 zoning is for a 2-story light retail and office building and may include a bank with drive-up lanes, parking areas, and a stormwater holding pond. The request is also for the rezoning of a portion of Navarre Lane between the O'Sullivan site currently under construction and the church property. This portion will eventually be the subject of a vacation request. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (A & B) AND SUBDIVISION 2 FILE NO. 2210 WHEREAS, Kent E. Swanson and Susan Swanson (hereinafter "the applicants”) are owners of the property located at 3229B Casco Circle within the City of Orono (hereinafter "the City") and legally described as follows: Tract B, Registered Land Survey No. 1333, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (A) to permit construction of a 4' x 7' deck extension to an existing 1 ’ x 7' third floor deck on the lakeside to be located approximately 58' from the shoreline where a 75' setback is required, said deck extension shall be located 43' - 48' in front of the average lakeshore setback where no such encroachment is allowed; per Section 10.22, Subdivision 2 hardcover within the 0-75' setback area is proposed at 500 s.f. or 2.85% where 0% is allowed and where 514 s.f. or 2.93% is existing. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2210. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District requiring one-half acre in area. The property consists of 33,801 s.f. Page 1 of 4 i 0' 3. 4. 5. The Orono Planning Commission reviewed this application on February 18, 1997 and recommended approval of the proposed variances based upon the following findings: A.This property is located on a peninsula which results in the existing structure being forward of the average lakeshore setback. B.The structure as originally constructed was in conformance with the 50' setback from the lakeshore. C. The proposed deck extension does not extend past the existing screen porch and will not impact lakeshore views for adjacent properties. D. This request is less structure and hardcover than previously requested in August of 1996 (see File #2150) and approved in Resolution #3753. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 (A), Subdivision 1 (B) Page 2 of 4 i and Subdivision 2 to permit construction of a 4' extension to an existing 1' x 7' deck resulting in a 5' X 7' deck on the third floor to the lakeside of the existing residence to be located approximately 15' - 17' forward of the 75' setback and approximately 43' - 48' forward of the average lakeshore setback, and a hardcover variance in the 0-75' setback area of 500 s.f. or 2.85%, subject to the following conditions: 1.Authorities granted by this variance run with the property not with the applicants, but are permissiv'e only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 10, 1998). 2.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of March, 1997. ATTEST: Dorothy M. Hallin, 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 10th day of March, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Mimiesota 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 the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of___, 199_before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 1 •i REQUEST FOR COUNCIL ACTION Department Approval:Administrator Approval: Name: Michael P. Gaffron Title: Asst. Planning & Zoning Administrator ^AR iQ CfTVcDate: March 5, 1997-.vj Item No.: Agenda Section: Zoning Item Description: #2187 Donald & Robin Helgager, 3265 Sixth Avenue North - Variance and CUP - Recommendation for Denial Zoning District: RR-IB, Single Family Rural Residential, 2-acre List of Exhibits: A - Planning Commission Minutes 2/18/97, 1/21/97 B - Notice of Plaruiing Commission Action 2/19/97 C - Memos and Exhibits of 1/30/97, 1/15/97 and 11/14/96 Summary This item was reviewed by the Planning Commission at their November, January and February meetings. Briefly, the applicants propose to construct an addition to their existing residence to create a guest apartment for Mrs. Helgager's mother, requiring a conditional use permit. The addition as originally proposed in November required variances for street setback, side setback, lakeshore setback and average lakeshore setback. After the November meeting at which the item was tabled, applicants revised the proposal to reduce the degree of proposed encroachment of the street yard. The revised proposal presented to the Planning Commission in January is as follows: Lakeshore setback East side setback Existing 123’ (DGar) 150’ + (Hs) Proposed 126’ (Hs & AGar) Required 150’ Variance 24’ 27.3’ (Hs) 6.8’ (Dgar) 5’ (Hs & Agar) 30’25’ 45.3’24’50’26’ 90 ’ Encr. 80’ Encr.No Encr.80’ Street setback Average setback The proposal includes a CUP for guest apartment with a common entry (See floor plans, Exh. C of 9 Zoning File #2187 Marchs, 1997 Page 2 1/15/97 memo). The applicants have never constructed the lesser additions which were approved by Council in June 1996. Planning Commission Recommendation After tablings at both the November and Januaiy' meetings, on February 18 Planning Commission recommended denial of the requested CUP and variances on a vote of 6-0, citing the following specific reasons for denial: - The need for setback variances to support the proposed guest house use suggests that use is not appropriate for the site - The separated garages as proposed yield the appearance of a two-unit dwelling in this single family zoning district - The hardships are self-created, i.e. the need for the magnitude of variances requested is a direct result of a proposed additional use on the site rather than a substantial hardship to the property - If approved, the resulting structure would be out of character with the majority of other homes on County Road 6 in regard to proximity to the road Other factors which may have entered into the PC recommendation include: - DNR recommendation for denial of lake setback variance based on self-created hardship - The extremely limited buildable envelope for this site, of which each setback requirement would be significantly encroached upon as a result of the proposal - The fact that the 5’ cast side setback was previously approved and justified by a finding that no additions to the west are feasible due to the limited building envelope - The lack of an alternate drainfield site, even though the proposal would result in no addition of bedrooms above the design capacity of the existing system At the February 18 meeting, applicants' representative requested that Planning Commission make a formal recommendation and move the application on to Council rather than table for further revision. Councilmembers may wish to review the previous staff memos and Planning Commission minutes Zoning File #2187 March 5,1997 Page 3 for additional detail. Also, if this application is denied, applicants may still proceed with the additions which were approved via Resolution No. 3737 in June 1996. Options for Action 1. Deny the requested CUP eind variances, direct staff to draft a formal denial resolution. 2. Table for further information or revision. 3. Conceptual approval. 4. Other. Staff Recommendation Staff recommends denial per the findings and recommendations of the Planning Commission as noted above. to deny the request of Robin and Donald Helgager at 3265 Sixth Proposed Motion Moved by ___, seconded by Avenue North for a guest apartment CUP and setback variances, and direct staff to dreift a formal resolution incorporating the reasons for denial, for adoption at the March 24 Council meeting. Vote: __ayes,__nays. r- CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2187 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; February 19,1997 TO: Donald & Robin Helgager 3265 6th Avenue North Long Lake, MN 55356 COPIES TO:Neil Heupel Gluts, O'Brien, Strother Architects 7520 Market Place Drive Eden Prairie, MN 55344 TYPE OF APPLICATION:Variance/Conditional Use Permit DATE OF MEETING: 2/18/97 VOTE:6 FOR 0 AGAINST Planning Commission recommends the following: Denial for reasons noted below. NOTES AND SPECIAL CONDITIONS: Motion to deny was based on: Need for setback variances Separated garages yields appearance of two units Hardships are self-created Resulting structure would be out of character with other homes on County Road 6 due to proximity to road. Applicant's next scheduled meeting is confirmed as: City Council Monday, March 10, 1997, 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, TO: FROM: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Projects Coordinator DATE:January 30, 1997 SUBJECT: #2187 Donald and Robin Helgager, 3265 6th Avenue North - Variance and Conditional Use Permit - Continuation of Public Hearing List of Exhibits A - Notice of Plaiming Commission Action 1/27/97 ^ or ^ B - Draft Planning Commission Minutes 1/21/97 I ^ ^ C - Memo and Exhibits of 1/15/97 Staff has been advised by Neil Heupel, applicants' architect, that they will be proposing no revisions from the plan you reviewed at the January meeting, and request that Planning Commission make its recommendation and send this request on to the City Council. Please review the memo and exhibits of January 15,1997 for discussion, staff recommendation and options for action on this item. [T ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 18,1997 ^>kAFT ROLL The Orono Planning Commission met on the above date with the following members present; Chair Dale Lindquist, Charles Schroeder, Sandra Smith, Elizabeth Hawn, William Stoddard, and Lili McMillan. Janice Berg was absent. The following represented the City Staff; Assistant Zoning and Planning Administrator Michael Gaffron, City Planner Elizabeth Van Zomeren, Public Services Director Greg Gappa, and Recorder Sheny Frost. Mayor Jabbour and Council Member Goetten were present. Chair Lmdquist called the meeting to order at 7;00 p.m. ACTION ITEMS (#3) #2187 DONALD AND ROBLN HELGAGER, 3265 SLXTH AVENUE NORTH - VARIANCES/CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING 7:02-7:14 P.M. The Applicant was represented by Neil Heupel. Gaffron reported that the application had been tabled at the January meeting at the request of the applicant. The applicant has made no changes and is asking for action by the Planning Commission in order to move the application on to the Council. Gaffron reviewed the original and revised application plans previously presented. The structure was originally 17' from CoRd 6 and increased to 24'. The variances required include street setback, 150' lakeshore setback, and an average lakeshore setback, though the MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 encroachment has been reduced. A conditional use perr lit is required for the guesthouse use. Smith asked the representative why the applicant has asked to move forward with the application knowing the opinions of the Planning Commissioners. Heupel said the applicant feels the best plan has been presented and does not care to spend any additional money to revise the plans given the conditions and setbacks. Heupel stated the plan created the single entry required under the CUP for guesthouse use. He said they would be willing to screen the house from the roadway with landscape plantings as suggested previously by McMillan. Heupel noted the plan also meets the terms of the CUP regarding a separate kitchen and use of same well and septic for the entire residence. He reiterated the desire for the applicant and guest to have separate garage spaces. Smith noted while the entry into the residence is the same, it does not directly enter the family room as stated but is separated by doorways. Hawn said she would prefer a design with the three garage stalls together. There were no public comments. Schroeder inquired what the relevance was of including a list of other guesthouse uses in the City. Gaffron said the applicant requested the list to see what has been constructed in this area. Schroeder asked if there were different situations involved. Gaffron said the setback variance is unusual as well as the separation of the garages. Gaffron said a residence with guesthouse use with both attached garage and detached garage is found one or two times a year. MJNUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 6 Smith moved, Hawn seconded, to deny Application #2187. Smith listed the setback variances as the reasoning behind her motion. Lindquist noted the garage so near the roadway as being a problem. McMillan feh while the current residence is a reasonable use of the property, doubling the size of the residence was a self-<:.reated hardship and not unique to the property. McMillan also said the variaqpp would alter fhe central character of the residence in terms of locality in terms of hardsjup. Vote; Ayes 6, Nays 0. (The meeting was recessed for one minute.) SCHEDULED PUBLIC HEARINGS/PUBLIC INFpRMATION REV||:WS (#1) 7:15 P.M. - #2211 ZONING AMENDMENT^ CpAPTER 10, LAND V^E REGULATIONS (ZONING), MUNICIPAL COI^F pF ORDINANCES, Tp DELETE "ANTENNA STRUCTURE" AS A CpJJ^ITIONAL USE IN 'fjjp B3, AND I DISTRICTS - PUBLIC HEARING 7rl5-7;33 P.M.• * The Affidavit of Publication and Certificate of Mailing were noted, Van Zomeren reported that the application is for a zpning amendment to the ordinance I undef which a moratorium was adopted in August, 1996, regarding telecommunica|ipn • « towers. The moratorium was extended iq Decembey, 1996, and is due to expire oq Jylarch 24,1997. Staff expects to present the amendment ch^pge to the Council at their ]|f^arch . • •' •« 10 meeting. The change involves deleting the termiq^jy gy allowing antenna stn||:ffires in It.. ■ ■■ • r* ■ t * * minutes of the orono planning commission MEETING HELD ON JANUARY 21, 1997 (#1 - #2201 Vacation of Unimproved Right-of-Way - Big Island - Continued) The subdivision includes Lots 4 and 5 as lot line rearrangement and the division of Lot 3 into three new lotsMabusth noted that the existing lot of record includes lots 4 and 5. Lots 1 and 2 would be new lots. There were no public comments. Lindquist asked the applicant if he had read Staff recommendations 1-8 for the subdivision and 1-4 for the guest house CUP and is in concurrence with those findings. The applicant said he was noting the need to work out the details regarding #7 (road improvements). Lindquist moved, McMillan seconded, to approve Application #2204 with Staff recommendations #1-8, whereby #7 pertaining to width would be reviewed with Staff and Engineer, and with Staff recommendations 1-4 for the guest house CUP. Mabusth reported that the application would be presented to the Council at their January 27 meeting. Vote: Ayes 5, Nays 0. ACTION ITEMS (#3) #2187 DONALD AND ROBIN HELGAGER, 3265 SIXTH AVENUE NORTH - VARIANCES - CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING 8:02-8:25 P.M. The Applicant was present along with Architect, Neil Heupel. Gaffron reported that the application for a guest apartment was reviewed by the Commission at their November meeting. The applicant was asked to revise the plans to address the concerns brought forward. The street setback was reduced to be consistent with the existing house. The setback was originally proposed at 17’ although 50' is required. The setback currently proposed is 24 ’. The single stall attached garage remains adjacent to the entry to the guest house in the proposed plan. Changes were made to the floor plan to straighten a line where the garage extended. The required setback from Lake Classen is 150’ and the proposed is 126’. The east side setback is proposed at 5 ’ and 30’ is required. The east side setback had been discussed in an earlier review which did not include the guest house. The average lakeshore setback was reduced from 90' to 80' to provide easterly views for the house. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 (#3 - #2187 Donald and Robin Helgager - Continued) GafFron reported the issues for discussion include whether or not the single stall garage is necessary considering the proximity of the large structure to CoRd 6. He suggested the location of the garage may possibly be reconfigured by pivoting the garage and eliminating the staircase. Gaftron stated that the DNR felt the hardship noted for the setback to the lake was self-created He asked the Commission to consider whether there are suitable hardships for granting the east side setback variance given the magnitude of the additions to the west. He asked the Commission to consider whether the guest house design will function as a separate entity or part of the principal residence. Gaffron noted that the guest house does clearly share the main entrance to the house. He did question whether the separate garage stall gives the appearance of two separate dwellings rather than that of a single family residence. He also asked if the Commission had specific concerns regarding the lack of an alternate drainfield site. Heupel reported that the design of the house was pulled back on the lot in response to the suggestion by the Commission. McMillan asked if the site was too steep for a mound system as an alternate for the septic. Gaffron said the concern was over disturbed soils as well as the steep topography. McMillan also inquired if the great room exists as shown on the plan. She was informed that the family room, hall, great room, and kitchen will remain the same. She inquired about landscaping plans. Heupel said the landscaping would be the same as that shown in the original plans. Lindquist asked if the single stall garage could be elir^inated. Heupel said moving the garage would affect the well. McMillan inquired about the well. Gaffron noted that the ;.cw plans solve the well location problem. McMillan said she would be in favor of the plan with a detailed landscaping plan included. Smith was not in favor of the garage as located. She asked if the garage is of importance that it be pulled back from the roadway. Hawn asked if the well could be relocated. The applicant said he does not wish to make any further changes to the well. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 (#3 - #2187 Donald and Robin Helgager - Continued) Helgager said he understands why guest house requirements prohibit more than one main entrance. He noted that prior to remodeling, it had been difficult to know where the primary entrance to the home was located. Helgager said the location of the single stall garage is to enable the user of the guest house entry to the interior without having to walk through the entire house. Smith suggested moving the garage location from the front of the house so it would not protrude. Heupel brought the Commission's attention to the steep topography of the property. Hawn inquired if the access from CoRd 6 could be moved further west. Gaffron did not believe this would solve the problem. Helgager also said it would increase hardcover. Lindquist reported his problem with the plan had to do with the garage and not location to the lake side. There were no public comrrients. The applicant was informed that the Planning Commission’s objection to the plan was the garage. Helgager asked if it was the additional garage or the garage location to the road. Hawn said she had a problem with both noting that she would prefer less garage area farther from the road. Smith said she was concerned about the design of two distinct living areas. She felt it would encourage the establishment of two residences in the future. Lindquist indicated his concern about the pro.ximity of the garage to the road. Schroeder was concerned about the future creation of tw o units and the proximity of the garage to the road. McMillan noted there is limited area to resolve the issues and questioned whether some square footage of living space should be eliminated to accommodate the third garage. She does not wish to see any further encroachment to the lake side and sees the lake as a bigger concern than that of CoRd 6. At the applicant ’s request, Smith moved, Schroeder seconded, to table Application #2187 to allow the applicant to review the plans. Vote. Ayes 5, Nays 0. (#4) #2195 GENMAR INDUSTRIES, INC., 1449 SHORELINE DRIVE - COMMERCIAL SITE PLANA'ARIANCES - CONTINUATION OF PUBLIC HEARING 8:25-9:29 P.M. The Applicant was represented by Mary McConnell and Jeff Melby. The site operator was also present. 8 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2187 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; January 27, 1997 TO:Don Helgager 3265 Sixth Avenue North Long Lake, MN 55356 COPIES; Neil Heupel Gluts, O'Brien, Strother Architects 7520 Market Place Drive Eden Prairie, MN 55344 TYPE OF APPLICATION: Variance/Conditional Use Permit DATE OF MEETING: 01/21/97 VOTE: 5 FOR 0 AGAINST Planning Commission recommends the following: Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: Tabled at applicant ’s request pending possible further revisions. Enclosed is a listing of approved guest apartment requests in Orono from 1985 to 1996 per Neil's request. Due to the tabling, the normal 60-day review period is hereby extended to March 11, 1997 in order to allow the request to be heard at requiring scheduled meetings of the Planning Commission and Council. Applicant's next scheduled meeting is confirmed as: Planning Commission, Tuesday, February 18, 1997; 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. r GITYof ORONO Municipal Oflices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address; P.O. Box 66 Crystal Bay, MN 55323 0066 Guest Apartment Approvals 1985-1996 zEm Name Address Tvpe Reso # 1917 Bennett 315 Tonkawa Road APT 3421 1866 Jundt 1400 Bracketts Point Road APT 3341 1810 DeNaro 124*^Sixth Avenue North APT 3274 1796 L'Allier 26'-»Lydiard Avenue APT 3243 1787 Waade 998 Vv ildhurst Trail APT 3228 1613 Bennett i onl>.awa Road APT 2926 1510 Brown ^asJywood Road APT 2820 1242 Duncanson 690 '-lown Road North APT 2379 1068 Nelson 500 1 onkavva Road APT 2061 1065 Martincau 4360 Chippewa Lane APT 2058 1044 Walentini 115 Luce Line Ridge APT 2030 928 Pula 2015 Webber Hills Road APT 1875 924 Sdicrven 2649 Casco Point Road APT 1774 Telephone (612) 473-7357 • FAX 473-0510 TO; FROM: 3. Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Projects Coordinator DATE:January 15,1997 SUBJECT: #2187 Donald and Robin Helgager, 3265 Sixth Avenue North - Variance and Conditional Use Permit - Continuation of Public Hearing Zoning District: RR-1B, Single Family Rural Residential, 2 acre, Shoreland (Natural Environment Lake). Application: Request for conditional use permit for guest apartment, and variances for lakeshore setback, average lakeshore setback, and street setback. Applicants have revised the proposal reviewed in November, and have increased the proposed street setback from 18' to 24' where a 50' street setback is normally required. List of Exhibits A - Revised Site Plan/Landscape Plan B - Revised First Floor Plan - Scheme A C - Revised First Floor Plan - Scheme B (Proposed) D - Revised Second Floor Plan - Scheme B E - Old & New Site Plans (Sketch) F - Notice of Planning Commission Action 11/25/96 G - Planning Commission Minutes 11/18/96 H - DNR Comments 11/19/96 1 - Memo and Exhibits of 11/14/96 Discussion At the November 18th meeting. Planning Commission voted 4-0 to table the application to allow the applicants to revise the proposal per the following recommendations: 1. 2. Reduce the street setback encroachment to stay in line with the existing front line of the house. But do not, in so doing, increase the proposed encroachment of the required lakeshore setback. The easiest way to compare the previous and current proposals is to compare current Exhibit A with Exhibit F of the November 14th memo (See Exhibit E). Applicants have not changed the lines or location of the rear (south) side of the proposed additions, but have reduced the total depth of the west end addition by approximately 10'. However, the proposed Scheme B layout (Exhibit C) Zoning File #2187 January 15, 1997 Page 2 includes a stairway apparently providing secondary access to the basement, which wasn't included in the original plan. This adds nearly 4' to the encroachment of the street setback, i.e. without the stairway the street setback would be appro.ximately 28'. However, that 4' stairway also has a more important purpose and that is to offset the garage from the house so that a car entering or leaving that garage stall will not have to bend around the projecting great room (compare the line of car travel in Exhibits B and C). Without the 4' extension, ingress/egress for the garage will be difficult. Recall that the applicants felt strongly that the garage stall is an important facet of this project given the intent to create a guest apartment that may at some point need to be handicapped accessible. Items for Discussion 1. 2. 3. 4. 5. 6. Referring to the November 14th memo, Planning Commission should determine whether the following requested setbacks can be supported by adequate findings of hardship: a. Required east side setback = 30', proposed east side setback ■= 5'. b. Required lake setback = 150', proposed lake setback = 126'. c. Average setback encroachment (reducing from 90 ’ to 80'). Is the proposed garage stall necessary? Is the proposed street setback of 24' instead of the required 50', justified by hardships? Could the garage stall be reconfigured (for instance, angled outward with the pivot point at its southwest comer) to allow a 28' street setback and still accommodate easy ingress/egress for a vehicle? What impact would such an angle have visually and structurally? Is that concept worth exploring? Reviewing the DNR comments received November 19th recommending denial of the lakeshore setback variance, does this affect Planning Commission's view of this project? Given the magnitude of the additions to the west, are there still suitable hardships for granting the east side setback variance? Under the new plan, can Planning Commission find that all of the code requirements for a non-rental guest apartment have been adequately addressed? Can Planning Commission find that the guest apartment is designed to functionally and visually be a part of the principal residence rather than an entirely separate unit that could become a rental unit? Does Planning Commission have specific concerns about the lack of an alternate drainfield site (see discussion of this in November 18th minutes)? Staff Recommendation If Planning Commission concludes that adequate findings of hardship can be made in support of the Zoning File #2187 January 15,1997 Page 3 requested side setback, street setback and lakeshore setback variances, then a recommendation for variance approval would be appropriate. It appears to staff that the proposed guest apartment meets all the standards of Section 10.20, although it may be arguable whether the separated garage stall creates the appearance a duplex, which the City is intending to avoid. Options for Action 1. Recommend approval of the revised proposal, stating findings in support of each variance requested. 2. Recommend approval with specific revisions. 3. Table for further information or revision (give applicants specific direction). 4. 5. Recommend denial. Other. o 5. I «a u / / &.I cn I ^ joI^ V/\ § 1 5 S.S &I tb J21;xAJLAJ ________, 1 •r ’N.' 111j/ / \n ! Nz t? ja V em. f CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Donald and Robin Helgager 3265 Sixth Avenue North Long Lake, MN 55356 ZONING FILE #2187 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 25, 1996 COPIES: TYPE OF APPLICATION: Variances VOTE: 4 FOR 0 AGAINSTDATE OF MEETING: 11/18/96 Planning Commission recommends the following: Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: Tabled to allow applicant to revise proposal per the following recommendations: 1. Reduce street setback encroachment to stay in line with existing front line of house. 2. But do not, in so doing, increase the proposed encroachment of the required lakeshore setback. The enclosed letter from the DNR was received prior to the meeting but I believe was not reviewed. Applicant's next scheduled meeting is confirmed as: Planning Commission on Tuesday, January 21, 1996; 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. Due to there being no Planning Commission meeting in December, the normal 60-day review period (which would have ended on January 24, 1997) is hereby exter'^pd to February 21, 1997 to allow the normal Planning Commission/Council review process to be completed. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#2 - #2180 Peggy and Frank Pichelman - Continued) Lindquist suggested an outer limit be established for hardcover. He said he is not comfortable setting a precedent of allowing 41% hardcover. Stoddard agreed asking that hardcover be maintained in the 30% range. The Planning Commission set a upper limit of 35-36% hardcover. Pichelman note*, ihst the structural coverage was reduced by the amended plan from 18% to 17.1%. Mabusth hoted the different hardcover calculations that exist and that were proposed. The Piclielmars indicated with a hardcover range, they could work with their plan to decrease the size while still meeting the setbacks. Berg suggested 38-39%. Mabusth asked that the applicant prepare an amended plan with reduction in hardcover in the 75-250' setback. Stoddard moved, Berg seconded, to approve Application #2180 contingent on receipt of an amended plan received by Staff prior to the Council review with hardcover maintained at 38-39% in the 75-250' setback zone. Vote; Ayes 5, Nays 0. (Planning Commissioner Stoddard left the meeting after agenda items 1 and 2.) (#3) #2187 DONALD AND ROBIN HELGAGER, 3265 SIXTH AVENUE NORTH VARIANCES/CONDITIOiNAL USE PERMIT - PUBLIC HEARING 8:32-8:54 P.M, The Aflldavit of Publication and Certificate of Mailing were noted. The Applicant was present along with Architect, Neil Heupel. Gafiron reported that the applicant received approval in June, 1996, for removal of a garage and construction of an attached garage to the residence within 5' of the side lot linThe addition was not constructed, and the applicant is now requesting approval of another application. Gafl'ron noted that the property in question is located on Lake Classen, a Natural Environment Lake, requiring a 150' setback. I MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#3 - #2187 Donald and Robin Helgager - Continued) The current proposal calls for the removal of the garage, one small addition, and another large addition to the west side of the residence. The proposal would result in a 32’ encroachment in the right-of-way, a 24’ encroachment of the lakeshore setback, a 5’ side setback variance, and encroachment of the average lakeshore setback. The neighboring residence to the east would define the average lakeshore setback. The encroachment of the right-of-way is considered extreme in comparison to any other properties on CoRd 6. The lakeshore setback is similar tc what was proposed with the original application but with added bulk. Gaffron noted that the east side setback variance was approved in June with the finding that it wouid be difficult to build to the west. Yet this proposal calls for the addition to be to the west of the residence. Also included in the improvement is a proposed guest apartment to accommodate a mother-in-law living at the residence, which requires a CUP. The proposed construction^ appears to have addressed the specific issues of being w ithin the principal residence staicture, use for a relative, and a single cocnnon eniryway serving the entire structure with the e.xception of additional accesses to the decks and garage spaces. Parking will be provided by a two-stall ga'^age on the east end of the house replacing the existing garage and a third separate st?ll at the northwest end of the house to serve the apartment use. The plumbing will share the existing septic system installed in 1988 to serve a 4-bedroom home. The residence will still have 4 bedrooms but will be larger in size. 1 he septic inspector has reported that there is apparently no alternate drainfield site on the property. Bo ings were taken but no alternate site was found. Helgager reported that their plans were changed after receiving approvat v.\;* the initial proposal in June due to his mother-in-law’s plan*; to move into their r' Jence. This proposal is an attempt to accommodate her and her needs. Helgager noted that a single level home is desirable a.s she is getting older. He understands that the home is close to the road and would like to accommodate the concerns for screening. He noted the building envelope to be about 1800 s.f Helgager indicated that the current home would not meet the setback standards. He said he attempted to balance the distance between the lake and the roadway after hearing the discussions from the precious proposal. Heupel addressed the issue of building to the west of the addition He noted that the problem was not being able to build to the west but the approach to the garage would have required changing, and it had been their desire to maintain the approach from CoRd 6. Hawn said she felt with sophisticated landscaping and removal of fence and dead trees, evergreens and other screening could be one. She did feel the residence was too close to the well noting a 2’ separation where 3 ’ is required. MINUTES OF THE ORONO PLANNING COMMISSION NfEETING HELD ON NOVEMBER 18. 1996 {U3 - #2187 Donald and Robin Helgager - Continued) Lindquist asked the applicant if the garage o.. the front side of the house was necessary. Helgager said the intent was to provide a garage for his mother-in-law so she does not have to walk through the entire house to gain access to her accommodations Heupel also added that this garage addition would be at the same level the slab and would not '.oquire stairs as would be the case with the other garage. Lindquist sf.id he understood the need but noted the elimination of the garage would aid the problem of setback. There were no public comments, McMillan asked if the conditional use permit for guest house would be reviewed periodically. It was noted that the CUP requires no annual review and stays with the house with restrictions as required Gafiron reported that if the Commission recommended periodical reviews, it could be written to only apply to this owner, if desired. Lindquist inquired about the lack of alternate septic site. Gaffron reported that the property is not close to sewer and the problem would remain the same with the number of bedrooms if there is no alternate site. Lindquist agreed but noted that the house size was doubling with the improvements as proposed Helgager respotidcd that he understood the septic issue but saw it as a distance in the future with the ability to go to a mound system if necessary, Helgager added that he was infonued the life e.xpcctancy of a mound system is 15 years and could be replaced to an alternate site postponing replacement for 30 years Lindquist was concerned that the potential problem would only be prolonged. GatTron said it was not the City's experience that a mound system would only last 15 years, but probably tw-ice that time. He noted the pump or rock bed of the system may have to be replaced at some point. Gafiron reported that the vast majority of new systems were of the mound type due to the soils and seasonal water tables. A maximum slope of 6% is required for a mound system which is a problem with the many steep lots in Orono. Lindquist asked if the applicant could make the home smaller in size. Helgager asked frr some guideline. Berg asked and received confirmation that there would be a full basement under the residence. Noting the 2200 s.f on the main level. Berg said it is an extensive size considering having the main level and basement. Hawn suggested that the home not be extended forward of what currently exists. Lindquist suggested removal of the single garage addition and a reduction in the house size. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (n3 -U2\S1 Donald and Robin Helgager - Continued) Berg suggested moving the garage back to the line of the house. She said she would be in support of the garage if it was moved and saw the garage location as the most logical site. This suggestion would result in a reduction in the footprint and attachment of the garage at the same side as proposed. Lindquist moved, Berg seconded, to table Application #2187 for further review. Vote: Ayes 4, Nays 0. (#4) #2188 MARY K. RICE, 1570 NORTH ARM DRIVE - VARIANCES - PUBLIC HEARING 8:54-8:59 P.M. The Aftldavit of Publication and Certificate of Mailing were noted. The Applicant was present. Mabusth indicated that the property is located along the "S" curve of North Arm Drive and consists of 6,883 s.f The application presents two options involving an attached single stall garage with upper level deck (Option 1) or a detached garage located in the south side yard (Option 2). Both options involve street setback variances of 2' or 3'. Structural coverage would not be exceeded by either option. Hardcover within the 250- 500' setback area would increase from 23.9% »o either 25.6% for Option 1 or 30% for Option 2. A 10’xl6’ deck also exists along the south side of the residence. Mabusth noted that Staff prefers Option 1 as the topography slopes to the east and would have the minimal impact on areas of existing plantings The applicant said Option 1 was also her preference. There were no public con*iments Hawn inquired as to how the residence was entered. Rice said the residence can be entered from either the deck or the basement. Mabusth noted that the access to the front of the residence was removed. Berg moved, McMillan seconded, to approve Application #2188, Option 1, for a 2' street setback variance. Vote: Ayes 4, Nays 0. (#5) #2189 STONEGATE FARM, INC, 2940 SLXTH AVENUE NORTH - CONDITIONAL USE PERMIT - PUBLIC HEARING - APPLICANT WITHDRAWN The applicant withdrew this application prior to the meeting. I1 4^1^ » /4 Minnesota Department of Natural Resources METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 (612) 772-7910 - telephone (612) 772-7977 - faximile N ovo SBct 15,1996 Mr Gaffron City »; Orono P.O. Box 66 Crystal Bay, Minnesota 55323 9 r? RE: LAND USE APPLICATIONS, CITY OF ORONO, HENNEPIN COUNTY Dear Mr. Gaf&on: I have comments on the following land use applications on the Planning Commission agenda for November 18, 1996. #2187. Donald and Robin Helgaeer. 3265 County Road 6 (Lake Classen 27-162PV The applicants are proposing to increase the foo^rint of the existing house signiflcantly (essentially double), with most of the addition extending into either the 150 foot minimum lakeshore setback or the 50 foot minimum road setback. An existing garage that does not currently meet the lakeshore setback would be replaced by an attached garage that w ould meet the lakeshore setback except for a small portion of the comer. We recommend that the city deny the application as currently proposed. There is reasonable use of the lot without the extensive encroachment into the lakeshore and road setback areas. However, we would not object to the replacement of the garage as currently proposed. #2196. Genmar (Minnetonka Boatworksl. 1449 Shoreline Drive (Tanaeer Lake 27-141PV The applicant requests to remove the top 18 feet (approximatley 5,000 cubic yards of material) of a hill in order ' to construct a parldng lot for a marina facilit>' on Tanager Lake. The “hill ” meets the definition of a bluff in the city ’s shoreiand management ordinance. We recomment that the ci^' deny the request to significantly alter a natural bluff area in order to build a parking lot. The need for parking on the Tanager Lake side of County Road 15 was created when the Tanager marina facility expanded by 42 slip„ m 1990. We feel this is a self-created hardship. If the parking on the Brown ’s Bay side of County J 'joad 15 was inadequate to serve the Tanager Lake facility, the Taiiager Lake facility should not have been expanded by 42 slips. Please contact me at 772-7914 should you have any questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist c;Minnehaha Creek Watershed District Lake Classen File (27-162P) Minnetonka Boatworks File Lake Minnetonka Conserv'ation Disdict Tanager Lake File (27 -141 P) DNR Information: 612-296-6157. 1-800-766-6000 • TTY; 612-.296-54S4. 1-800-657-3929 .An Equal Opporium;\ Employer Whv' Value' Di\ersit\ Printed on Recycled Paper Coniamin^ a Mini num or lO'T Post-Consumer Waste I & 4 TO: FROM: DATE: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator November 14,1996 J SUBJECT: #2187 Donald and Robin Helgager, 3265 Sixth Avenue North - Variance and Conditional Use Permit - Public Hearing Zoning District: RR-IB, Single Family Rural Residential, 2 acre, Shoreland (Natural Environment Lake). Application: Request for conditional use permit for guest apartment, and variances for lakeshore setback, average lakeshore setback, and street setback. List of Exhibits A - Applications B - Plat Map C - Property Owners List D - Letter of Request E - Survey, Existing F - Architect's Drawings Al-1 Site Plan A1-2 Grading Plan A1-3 Landscape Plan A2-1 Basement Floor Plan A2-2 First Floor Plan A2-3 Second Floor Plan A3-(l-4) Exterior Elevation and Perspective G - Hardcover Calculations H - Code Section 10.20, Subd. 3(G) - Guest Houses and Non-rental Guest Apartments I - Resolution # 3737: June 1996 Variance Approval J - On-Site System Manager's Comments and Septic System Inventory Card Pertinent Code Sections 1. Sections 10.22, Subd. 1(B)/10.56, Subd. 16(C-6) - No encroachment of average lakeshore setback al’^'wed. 2. Section 10.28, Subd. 5(B) - Required front (street) yard = 50', side yard = 30'. Zoning File #2187 November 14, 1996 Page 2 3. Section 10.56, Subd. 16(C-1) - Required structure setback from Natural Environment Lake is 150'. 4. Section 10.20, Subd. 3(G) - Guest Apartment Standards Summary of Request The applicants were granted variances in June, 1996 for side setback, average setback, and lakeshore setback to allow construction of additions to the east side of the existing residence. However, those additions have not been commenced, and applicants' family situation has prompted them to request approval of a CUP for a guest apartment to be used by Robin Helgager's mother. This involves major construction on the west end of the e.xisting house, with a slight scaling down of the additions proposed to the east end. Variances requested to accommodate these additions are as follows: 1. Required east side setback = 30'. Proposed east side setback = 5'. 2. Street setback required = 50’. Proposed street setback is 18'. 3. Required lake setback = 150’. Proposed lake setback = 126'. 4. Existing average setback encroachment of approximately 90' will be reduced to approximately 80'. East Side Setback Variance As per the June 1996 approval, applicants propose a 5' east side setback. Resolution No. 3737 included five findings in suppo 1 of this variance, some of which may no longer have validity if the new plan is approved. Specifically: A finding tliat "additions of the same m agnitude as those proposed (on the east end of the house) could not be located elsewhere on the property without encroaching the 50’ required street setback or the 150’ required lakeshore setback", is still true but the magnitude has now changed. The legal buildable envelope due to required setbacks is still only 1,800 s.f. The additions now proposed are generally to the west and southwest of the house, with the intent of maintaining the fiat back yard area south of the house. It is still true that the close proximity of County Road 6 makes it appropriate to retain a usable yard on the south side of the house. Zoning File #2187 November 14, 1996 Page 3 The new proposal reduces the depth of the garage adjacent to the east lot line from 44' to 38', resulting in less of ;m impact on neighboring properties' views of the lake. The drainage impacts of the east side setback variance are probably less than with the proposal improved in June. Perhaps the question to be asked about this east side setback encroachment under the new proposal, is whether the magnitude and scale of the proposed house has increased to a degree where a 5' side setback might not be appropriate. Street Setback Applicants' earlier plan proposed no new encroachments into the 50' required setback from the front (street) lot line. The existing house encroaches approximately 5' into the street setback. The proposed additions will encroach as much as 32' into the required street setback, placing portions of the house 18' from the street lot line. The proposed additions are approximately equally balanced between encroaching the street setback and encroaching the required lake setback. A review of the street setbacks for existing houses on County Road 6 between Highway 12 and Orono's eastern boundary, indicates that no other existing houses are closer to the County Road than applicants' existing house, and the proposed encroachments w'ould make it by far the greatest encroachment in that five mile stretch of road. This also holds true heading west of Highway 12 on County Road 6. It can certainly be argued that approval of a street setback variance could be considered as out of character with the current "open" feel of County Road 6. The question then is whether the addition can be adequately screened by fencing or vegetation to eliminate the visual impact of the encroachment. Lakeshore Setback V/hen the existing residence was constructed, there were no required setbacks from Lake Classen. The City adopted a 75' lake setback in the early 1970s, and this was increased to 150' for Natural Environment lakes in 1992 when the Shoreland Ordinance was adopted. The existing house does not encroach the 150' lake setback, but the existing detached garage encroaches approximately 27' into the 150' setback. The proposal approved in June included the remoN al of that garage,with new additions encroaching only 10'. The current proposal eliminates a majority of the lake setback encroachment at the east half of the house, but proposes a 24' encroachment at the west end. The square footage of structure encroaching the lake setback appears to be significantly more than was approved in June. Hardship findings in the June approval resolution in support of the lake setback variance, suggest Zoning File #2187 November 14, 1996 Page 4 the removal of the detached garage located 123' from the lake and the construction of new additions located 140' from the lake is a positive improvement to the conformity of the property. It may be more difficult to make the finding that removal of that garage and construction of new additions involving greater square footage than the garage and located 126' from the lake, is a positive improvement in conformity. Perhaps it is at best an equivalent tradeoff. Average Lakeshore Setback As with the June application, since there is no adjacent lakeshore residence directly to the west, the encroachment is reasonably defined by the lake setback of the house to the east. Resolution No. 3737 found that removal of the existing garage and construction of a new attached garage and room as proposed would result in a reduction of the existing average lakeshore setback encroachment from 90' to approximately 75'. The current plan similarly provides potential additional views of the lake to the neighboring property ’, and does not provide any additional view encroachments. The proposal, therefore, has a positive impact on the neighboring property based on the intent of the average lakeshore setback ordinance. Guest Apartment Conditional Use Permit Please review Exhibit H, the standards for a non-rental guest apartment. As a guest apartment which is within the principal residence structure, there is no "double lot area" requirement. However, the requirements for a guest apartment conditional use permit were developed by the Pbnning Commission and Council in 1987 to make sure that guest apartments do not become rental units, and that such apartments are constructed so as not to be construed as duplex units either visually or functionally. The guest apartment standards in Section 10.20 include the following: 1. 2. The apartment must be within the principal residence structure on the lot. It is for the sole use of the occupants of the principal residence including their domestic employees or non-paying guests. 3. 4. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for a guest apartment CUP shall address parking, sew'age treatment, entryway and interior access methods. 5.Apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Zoning File #2187 November 14, 1996 Page 5 The proposed construction appears to have i Jdressed each of these specific issues: The apartment will be within the principal residence structure. The intended use is for a relative of the applicants (who presumably will not be paying rent). The floor plans indicate a single common entryway serving the entire structure, with additional accesses to decks and garage spaces. Parking is provided by two stalls at the east end of the house to replace the existing garage, and a third separated stall at the northwest end of the house to serve the apartment use. The existing septic system is conforming, and was installed in 1988 to serve a four bedroom home. The proposed residence will include one bedroom in the apartment and three bedrooms in the second level, for a total of four bedrooms. Like most other homes being constructed in Orono, the total square footage includes areas that could possibly be converted to bedrooms at some time in the future if the septic system was expandable. A concern, however, is that there is apparently no alternate drainfield site on the property (See additional discussion below). The entire residence will continue to be known as 3265 Sixth Avenue North, and it is intended that the utilities be metered as part of the principal residence. Septic System & Well Concerns The area proposed for the new addition could not be used as an alternate septic site due to its close proximity to the existing well, and because this area has been cut/filled. Per Exhibit J, Steve Weckman has concluded this property has no apparent alternate drainfield site. While the existing system should adequately serve the proposed new construction, the City must consider whetherit is appropriate to allow the proposed additions and expanded use of the property absent a future septic site. An unknown factor is whether separate living quarters \vill result in redundant water use (2 loads of dishes instead of 1,2 loads of laundry insted of 1, etc.) which could overload the system... The well is shown approximately 2' from the proposed foundation, and would either have to be moved, or the house slightly redesigned, or a variance obtained from the Minnesota Health Department, due to the requirement for a 3' setback from any portion of a building including overhangs. This likely can be easily resolved. Zoning File #2187 November 14,1996 Page 6 Issues for Discussion 1. 2. 3. 4. 5. Given the magnitude of the additions to the west, are there still suitable hardships for granting the east side setback variance? Have sufficient hardships been demonstrated to support the granting of a street setback of 18' where 50' is normally required ? Will this street setback encroachment be in keeping with the surrounding area? Should additional screening be required? Does sufficient hardship and justification exist for the granting of the requested lakeshore setback and average lakeshore setback variances? Can Planning Commission make a finding that all of the code requirements for a non-rental guest apartment have been adequately addressed? Is the guest apartment designed to functionally and visually be a part of the principal residence rather than an entirely separate unit that could become a rental unit? Does Planning Commission have specific concerns about the lack of an alternate drainfield site? Staff Recommendation In order to recommend approval. Planning Commission must make findings in support of the requested variances and conditional use permit. If the degree or magnitude of certain requested variances is considered excessive. Planning Commission may wish lo offer the applicant a chance to redesign. Options for Action 1. 2. 3. 4. 5. Recommend approval as proposed, stating findings in support of each variance requested. Recommend approval with specific revisions. Table for further information or revisions (give applicants parameters, if possible). Recommend denial. ^^ ^ ^ Oliver. f*-'* f 'Zjor yi - /JO S>bi h' Application #Date Received a - a Amount Paid i.s Cr c t CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 ’ ^ B (no change from original application) .• ' Variance for non-conforming structures $220.^ : After-the-Fact Fees (Double application fee) > ‘ 'M’ ^y/ 3 ir,-7 * '• iw t » ■■'••Vv' r*/ /%■ PROPERTY INFORMATION ^ Site Address T I>o A u Property Identification Number fP.IiO.’l ^*7-//- <rc'<r ^riupwiwY -------------V----------✓-------------^----------------------------;----- Attach legal description to application if not included on required survey. Date Property Acquired -----------------------------------^rmonth/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: X residential ___^other (specify) Zoning District: ______________ _____—------------------ APPLICANT Name Phone (home).<-7^ -i I.____ Address:1.f . ^ / 4 -r*. 1 ^City: -> Phone fwork ’l 4n-i- ____ Zip:.1 •> ,7i ,• j OWNER (if different than applicant) Name______— _______ Phone (home). Phone (work)_ Address:City:. Zip:. description of REQUEST Describe request in detail: ___ Estimated Construction Cost $^ oO'i (attach additional sheets if necessary) VARIANCES REQtHRED Lot Area ___Lot Width Hardcover Lot Coverage X' Setback: _Ji. Front . Side Rear ^ Average Lakeshore A V Other (specify) /.?:> ' <rMtC»^c.c5 HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions p-eventing compliance with Zoning Code requfrements:------------------------------------------------—---- (attach additional sheets if necessary) i 1 REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1. 2. J. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map ^rom Hennepin County Department of Finance, A 503. Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'A" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/i" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8I/2" x 11"). List of the legal names (include marital status) of all persons with an interest in the properly. This would include name(s) of applicant(s) if not current owTier(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Plea'r-j remember that ypur variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Date OWNER’S SIGN -v i URE The owner hereb;, acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for puiposes of investigation and verification of this request. Owner’s Signature'Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 c 0 (3 Application H _____ Date*'Received ^ ^ Amowt Paid ^ f S /7fT at CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address (j>S Type of Application to be Filed Cn. Property Identification Number (P.I.D.) applicant Name*~^^ A Address _(r---- Phone (liome^ 47^ - loZL Phone Avork^ 4r^4 • Citv n/y,-^r1n ZiptTS£t(ci OWNER (if different than applicant) Name______------------------------- Phone (home)_ Phone (work)_ Address City Zip. Date PropejDLAcquired C'CTCp.^i____i 7 (month/year) I (do^o n^also o -vn the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - . • S 75.00 For each variance request with CUP application * X ^2S 51 75.00 Residential Accessory Use < 5250.00 Institutional (church, school, etc.) ^ S225.00 Guest House/Guest Apartments 5200.00 Duplex Credit/Bldg 5300.00 Commerciaiandustrial Use 5250.00 Land Alteration Grading and filling - designated wetland or floodplam Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75 ’ of lakeshore PRD/PID - see Fee Schedule SI50.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS , f 5250.00 Commercial Site Plan Review (+ consultant fees) 5300.00 Vacation 5200.00 Easement Vacation ” ' $100.00 Easement Vacation With Subdivision 5350.00 Rezoning (PUD - refer to fee schedule) ' $350.00 Comprehensive Plan Amendment ” SI00.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property ^ - Residential Other (specify). REQUIRED SUBMITTALS _ - « • • O i« I. •*. 1. 2. J. •it Completed Application Form. Describe request in detail. ■ Certified Property Owners List of owners within 350', labels and plat map (you ■ must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. . . , , • j Attach legal description to application if not included on required survey. ■ Topographic sur/ey (existing and proposed contours) if land alterations mvolve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest m ' the property. This would include name(s) of applicant(s) if not current owner(s). Construction plan, it applicable (see staff for requirements). ' As an addendum to this application, please attach a separate list of any ot er persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Otvner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:__________________________Oate-------------------------------- 4. 5. 6. 7. 8. 9. APPLICANT’S SIGNATURE j u u ^ The applicant hereby agrees to provide all information required or requested by the Zoning A^iiSstrator, aerees to pay additional fees (staff time not covered by ongmal fee payment) and/or unusual expenses incurred in review of this application and cerufies that th information supplied is true and correct to the best of his/her knowledge. _ Date u//:^/9 <• 7 ‘Applicant’s signature _1 —. Tl^o«me^r ledges and agrees to this application and further authorized reasonable entrv into the property by City staff, consultants, agents, comnuss.on members, and Council members for purposes of investigation and verification of this request. Date_^/,fA (=_______________Owner’s signature -----^------------------------------------ A I- ,nr miKt have all submittals ir .o the City ofTiccs 25 days before the Planning Commission Meeting. Applicant mus are held on the third Monday of each month. Applicants must be present at ?"TiSTviermX?oni.e Planning Commission and Council. If an applicant is unable lo ancnd a scheduled meeting, please make arrangements to have an audiorized agent anend in your place and advise the Building & Zoning Office of this change prior to the meetmg. I I RUN DATE 05/23/96 BATCH 503 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST REPORT NO. PI435401 PAGE 7PROP ADD.4 ONNER NAME TAXPAYER NAME/ADDR 36 29-118-23 61 000503260 SIXTH AVE NK A P ALLISON KErtlETH A PHYLLIS ALLISON 3260 6TH AVE N LONG LAKE 55356 38 29-118-23 62 000603660 SIXTH AVE N HENNEPIN CO PARK OIST HE^M CO PARK RESERVE ATTN CHUCK BELLINGHAM 3800 CO RO NO 26 MAPLE PLAIN m 55359 38 29-118-23 66 0001 03225 SIXTH AVE N N C HEUPEL ADR HEUPEL NEIL C A DENISE R HEUPEL 3225 SIXTH AVE N LONG LAKE MN 55356 PROP ADDR OM4ER NAME TAXPAYER NAME/ADDR 38 29-118-23 66 0002 03265 SIXTH AVE N 0 R A R A HELGAGER DONALD R HALGAGER 3265 6TH AVE N LONG LAKE MN 55356 38 29-118-23 66 0005 00038 ADDRESS UNASSIGNEO P R A MM CRADDOCK THOMAS A NANCY SAWYER 3605 6TH AVE N LONG LAKE MN 55356 TOTAL BATCH 503 00005 U.. I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO.THE BEST OF MY KNOWLEDGE AND BELIEF, DATE i % 1 il r* .. • * ■ 0 October 22,1996 #21 Gluts ODrien ^ 6trother ADCHITEa* Orono Planning Commission CITY OF ORONO PO Box 66 Crystal Bay, MN 55323 RE: Helgager Residential Remodeling Dear Commissioners, The proposed residential additions to the Helgager home at 3265 6th Avenue North is being considered for several reasons. First a guest apartment is being proposed on the west end of the existing house. This guest apartment is for use by Robin Helgager's mother. She recently retired and is planning on living with Don and Robin. She would like to have approximately 1,000 s.f. of living area. It is important that the living area be as accessible as possible. The addition is designed so that her living area is all on one level, and on the same level as the living area of the existing house. The single stall garage is also on the same level as the floor to accommodate wheelchair accessibility if it should become necessary in the future. The guest apartment addition will extend into both the 50 foot road setback and the 150 foot lake setback. The distance that the addition extends into the road setback is 32 feet. The addition extends into the lake setback a distance of 24 feet. Extensions into the setback were kept to a minimum as much as possible yet retain the square footage desired. The double stall garage and addition on the east end of the house has been revised since being reviewed and approved by the planning commission and city council in June. The three season porch has been deleted from the addition. It has been incorporated into the guest apartment addition. Also the separate work shop area has been reduced and incorporated into the garage. A small entry area has been added, which includes a half bathroom and a coat hanging area. This area is called the mud room. The extensions into the lake setback has been eliminated for this addition. The east side yard setback encroachment of 25' is the .«ame as before. if yoi’. have any questions, please contact Neil Heupel of Gluts, O'Brien, Strother Architects, Inc. The office phone number is 941-4822. • - • # • Respectfully, GLUTS, O 'BRIEN, STROTHER ARCHITECTS Minnesota 55344 Phone; 612/941-4822 • —• • • CERTIFICATE OF SURVEY FORDONALD AND ROBIN HELGAGER 2 o: c a 3 ‘ r’-5D MtDtr BCVISIOK OAtt ncsciumoK Nll\ _____ Coffin & gronberc . iNr C (||\,'/| | |. Ijijil Siii;vi.|iry >((, 4'<: r.im.iMik Av.'iuh' • Lditj; (.ikJ. NIN 3\\n. I>l2-47.v|l4l Maik 5 CrtmU r); Mmnrvifj Nuntlif 12753 SCAU ^•30* DAHL se-9¥ K»«M> 9¥J09 li<C 50 CAU r>3o' Mil 8-e-9¥ M.MI 9¥J0V 1 4- ji Iii k, Is*! i Sis ip !sl ino5 zJ Oz 5 B % t •• • & !§u! 5 fU V k o ri. *» ,*•• y/' .s' o^ X W 6- 2| \ V I j I ?> f. r £ ••V V#,I o X->; \y O ^4. i It %1 n r 1 o ro [ I OB' 5 •//- Ti J^ ___________________/ ** *« ■• b;:^€ ''5 (T % m PIllH ?? i (' I r-'"V* n. / m. % >1 as / n a •g #31 ..........y\ j rf* cri: •SM HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) F.XISTING hardcover IN ZONE A. House ______________ 0.75* 250-500’ 500-1000' 3V J J , Length Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B ^ PPOPOSED hardcover in ZQg(£ A. House ______________ Length J-p. / X X X Width VS /nua ^ /*/ B. Garage 7.4l C. Driveway ________ /Z- X X D. Sidewalk X X $ X X IH- ^ />u/o F. Landscape Underlain _ By Plastic G. Other------------- X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE S.F. S.F. B S.F.• . S.F. S.F. B S.F. S.F. B S.F. S.F. B S.F. S.F. S S.F. B S.F. S.F. vBsa S.F. m J?/■ S.F. X 100 -/s-.jsr % /tPSX.S.F. S.F. »// D S.F. B S.F. »av S.F. ano S.F. mrnmm S.F. /?S.F. s S.F. S.F. B // 2-S.F. / z 5/^ /S.F. B x'S.F. B /L-i S.F. /77 S.F. -7V«/. •/S.F. *4 f ! 20^ O S.F. X 100 -% A B t \. . v- A,, HARDCOVER CALCULATION HORKSHE •.■setba='« «ne! (circle, one) .0-75' ' Existing ^RBcovER 'in'.Zone • • k.r' '. Vv^! ; -s lu <Sfev'r 6dr J .«.••. k <• . *• V •••' A. ‘ H ouse LENGTH . ! • •' .. - .T^V'- .iirVr :;! f.W! •Hvsl!.' ;• •. •:;i*35f:ff<fove8Ec> , • ’ . It ;, K,. . . t iLiiai;- ■ <^HBo .. ■ - X • 8 •• • » i^» ' |j* ^ ‘ • -V •••-uv r .-.rr* Garage . c. D riveway 12. i H ..*V* » •; ■ <• • . .. Conc .^lA q ,.* •• •: •• • , - •. ’;.••• *• 1 . V . *. • ■, E.. pATio/ “ V': +*i. Dt. Sidewalk ;<:SiNc,5r<x7p X . .X 3eck • T;-' /4 • • ••• .... ■ Ft Landscape areas • , UNDERUIN BY • , . FUSTIC SHEETING • - X » •**. • v>* *..• • nftO 5T«Nf (you, 6. Other l . X 43 250-500' 500-1000 WIDTH 7 %J. M . i.r ■•; Total Hardcover ' in Zone ' • • Total Property Area in Zone 1^2. S6 uo B2S /4/ 3F /S' U6 84 Z76 24 6S S.F, f! 2/39 . S.F. S.F S.F. S.F S.F.Rc'''ov''.^ S.F. Re.-.)»vi/jC3_ S.F, • SfFt . S.Fi • • S.F. S.F, • I • -I • • S.F. S.F, S.F, . . S.F.1% £ V»*J 'i S.F, 4535 S.F »'., • *.B B BUZOt ui vinn. /5-Sg • : .?-• • • • •t . •1 : U ,*% y I•. r» • V. .fc/ ••• • • . .*• ;• • , ■■■?*•'« i.-. '' < j'' -M" ::* :*> J: . 1'’ \ . ;i.i.-*[•' -V- ti.V • •tv-.. • • Vs i* •• - •: /. -i,. •.,' .: > ; • •• •• Ai ’*{•tri.f.M; i* v^;rr»‘. -• ‘ '*2 • -ji/T • • •. • ‘ . VKt .j *.s »."’••»* *•'*{' .‘f X/‘- ...y . »• , >• ‘ ;. • • t . .• • •*. • . . *»•' I • . *. . v ‘* • • * • •• * • 3f*.v ' •*;Tv / • • I 4 •• . 1 ■4 • •• t.T;'. . .... *flN .J* ,* •V. i* V • ; • • • . • »• ••% : •* . . * ,• •• ' -if* y\l f ‘ . .o . % • i • . • • • • *! .* ’* .• .** *. • • • . « • ^* • >• ‘ *• / * .•• •• • « • • IH ^?vr tj Spt. 2*?-//^ *• HARDCOVER CALCULATIOH HORKSHEET oeiwAitK ymifct <cutCLt onto Q-75*J 75-250* 250-500' 500-1000' * • ' «, Existing IlAnocovEn in Zone ••f-v A. * House fi. Garage , c. Driveway D.. Sidewalk E. Patio/ Deck F.Landscape* AREAS UNDERLAIN BY ‘ . .rtASTIC SHEETING 6. Other LENGTH . ^ - X* X - X . X WIDTH Total Hardcover in Zone Total Property A rea in Zone Vv — *s _s CO '•Pi .F. : oc l^.F. ‘ S.F, S.F. S.F. S.F. t • - S.F. . S.F, , SI Fi S.F. S.F. S.F. •• 9.P.u B X wo - zz33^J: ..... m . . . .h ,o •% Adopted: 2-23-87 E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or adjoining lot. Commercial greenhouse structures shall not be located in a required yard area, and are subject further to the general zoning code requirements pertaining to accessory structures. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 F. Recreation Areas. Private gun clubs, archery ranges, ski slides, provided the area is fenced and no part of the principal use is less than 150 feet from any lot line. Source: Ordinance 26, 2nd Series G. Guest Houses & Non-rental Guest Apartments. % 1) Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. 2) Non-rental Guest Apartments. An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Source: Ordinance 29, 2nd Series 2-23-87Adopted H. Planned Residential Development. Limited to detached single family dwellings only and subject to the limitations of Section 10.32. I. Duplex Credit. One duplex may be located on a single lot as a conditional use upon application therefor provided that public sanitary sewer service is available, and the lot is adjacent to a commercial or industrial district, and the duplex is constructed within 200 feet of the commercial or industrial district. A duplex is defined as a two-family unit residential building. J. Apiaries. K. Antenna Structure. One independent antenna structure with antenna or combination of antenna attached thereto, subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height of the antenna structure. m CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 87s? A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 1, 10.28; SUBDIVISION 5(B); AND 10.56, SUBDIVISION 16(C) FILE #2145 WHEREAS, Donald Helgager and Robin Helgager, husband and wife, (hereinafter "the applicants") are owners of the property located at 3265 6th Avenue North within the City of Orono (hereinafter "City") and legally described as follows: The west 327 feet of the east 542 feet of that part of Government Lot 1, lying south of the road, Section 29, Township 118 North, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5(B) to allow a 5' side setback for construction of a new attached garage and room additions, where the required side setback is 30', and a variance to Sections 10.22, Subdivision 1 and 10.56, Subdivision 16(C-6) to allow said additions to encroach the average lakeshore setback where no encroachment is normally allowed, and a variance to Section 10.56, Subdivision 16(C) to allow new structure to be located 140' from Lake Classen, a Natural Environment Lake, where a 150' structure setback is normally required. Mirjiesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2145. 2. The property is located in the RR-IB, Single Family Rural Residential Zoning District. Page 1 of 6 CITY of ORONO RtSOLUTION OF THE CITY COUNCIL NO. ^ S 7 3.The Orono Planning Commission reviewed this application on June 17. 1996 and recommended approval of the proposed variances on a vote of 7 to 0 based upon the following findings: A. B. Since all proposed additions meet the 50' street setback, no street setback variance is required. The location of the proposed additions to the east of the existing house and as near as 5' to the east side lot line is appropriate based on the following unique findings: 1. Additions of the same magnitude as those proposed could not be located elsewhere on the property without encroaching the 50' required street setback or the 150’ required lakeshore setback. 2.While the property is approximately 1.5 acres in diy buildable area above of the OHWL of Lake Classen, the buildable envelope due to the required setbacks is only 1,800 s.f If additions were constructed to the southwest or south of the house, they would eliminate the existing flat back yard area, resulting in a steep slope directly behind the house. Gi'^en the proximity of County Road 6, it would be appropriate to retain a usable vard on the south side of the house. 4. 5. Topography is generally sloping towards the applicants' property, hence any additional drainage near the lot line caused by the proposed additions will only impact the applicants, not the neighboring property owner. The proposed proximity to the lot line may have a negative impact on existing screening between applicants' house and the neighboring house to the east, however the neighboring property owner has indicated this is not a concern. Page 2 of 6 CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ^ 7 4. D. C. The average lakeshore setback for this application has been defined as the lake setback of the neighboring house to the east, since the neighboring property to the west is nearly one-quarter mile distant. The proposed removal of the existing garage and subsequent construction of a new attached garage and room additions will result in less encroachment of the average lakeshore setback than currently exists. The existing encroachment is approximately 90 ’, and this will reduce to 75'. The neighboring property will have no additional views encroached by the proposed construction, and may have additional views of the lake opened up by the proposal. D. The existing garage encroaches within 123' of the OHWL of Lake Classen. The proposal to remove that garage and construct new additions which Nvill encroach only as near as 140' from Lake Classen, is a positive improvement to the conformity of the property in relation to setback from Lake Classen. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. The Cit>' 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 serv'e as a convenience to the applicants, but is necessary* to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S 787 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5(B) to allow a 5' side setback where a 30' side setback is normally required, and grants variances to Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16(C-6) to allow a 75' encroachment of the average lakeshore setback where no encroachment is normally allowed, and gra.';ns a variance to Section 10.5(>, Subdivision 16 (C) to allow a 140' setback from tht* OH\VL of lake Classen where a 150' setback is normally required, subject to the following conditions: 1. Applicants shall adhere to the proposed plans submitted with Application "2145. 2. The e.xistinc detached garage staicture shall be removed prior to final inspection of the new additions. J.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 24, 1997). 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 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. Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^737 Adopted by the Orono City Council on this 24th day of June, 1996. Dorothy M. FMn, City Clerk Edward J. CaJJdhan, Jr., Mayor STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 24th day of June, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Citv. JAMIE L BOSMA NOTAAY PUBLIC-MINNESOTA HENNEPIN COUNTY — My Comm'ssioc Expires Jan. 31.2000 m V I/O /LC'- y ) Notary Public Page 5 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ft 7 .9 >y_______ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of C _______, 199^- before me a Notary Public within and for said county, personally appeared ,u,A f: 2 e:.\ known to me to be the person(s) described in and who executed me-^oregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. « JAMIE LBOSMA NOTARY PU8LIC-MINNES0TA HENNEPIN COUNTY 8; 51 My Commission Expires Jan. 31.2000 j STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of ____ /Ac J'A7L ./t---- NOTARY .PUBLIC , 199 _before me a Notary Public within and for said county, personally appeared__________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of ____, 199 before me a Notary Public within and for said county, personally appeared__________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 6 TO: FROM: DATE: T-l Michael P. Gaffron, Assistant Planning and Zoning Administrator Stephen Weckman, On-Site Systems Manager November 14,1996 SUBJECT: Septic Review for Application #2187, Donald & Robin Helgager - Variances/Conditional Use Permit The applicants propose the addition of a guest apartment to the existing three bedroom residence. The purpose of this review is to determine if the existing septic system is of adequate capacity for the proposed one bedroom addition and evaluate the potential for a future drainfield site when the existing system fails. The existing septic system is a filled trench system which was installed as an "alternative system" in 1988 since no other "standard system" was viable on the property. Due to steep slopes a mound system could not be used, but the seasonal water table was within 36" of the surface and the sandy loam fill was used to gain a separation from the water table. The septic system appears to be functioning properly at this time. The system is sized for a four bedroom residence, but no area is available for future expansion if the system fails. All areas of sufficient size for the installation of a future drainfield are filled or excavated and are unacceptable for constructing a "standard system". The proposed expansion will not destroy any potential drainfield sites, however, expanding a residence with no future septic system options but the use of holding tanks seems short sighted. On one hand, the existing septic system should be adequate for the additional bedroom; on the other hand, should the system fail holding tanks are the only apparent option. No sewer mains are near the property so municipal sewer could be a long time in coming. Orono's municipal code does not require that a future site be available before such an addition be made, however. In summary, although the addition is allowable per the septic code requirements, the City must carefully consider the ramifications of allowing such an expansion when no alternate site is available. r SEPTIC SYSTEM INVENTORY I Addr: 3265 Sixth Ave. N. PID: 29-118-23 44 0002 Building Type: residence # BRs/vSPD: 4 # Systems/units: 1/1 Permit No: 1557 Date of Permit: 12/19/88 Installer: E. J. Peterson Co. System Type: gravelless fill trench Appliances: Indry SYSTEM CONDITION Conformity: 1 Failure Pot: low Tank Condition:8 DF condition: SEPTIC TANKS Material: precast concrete Setback to Bldg: 20 Capacity: 1000, 1000 DRAINFZELD Length of Lines: Treatment Area: Tile Size: 10 Setback DF-Bldg: 390 No. Lines: 5 Trench Width: 1200 Type of Filter: fabric Under Tile: 30 Perc Rate mn/in: 11.1 35 DF Ht above WT: 0 Soil Type: loam, clay loam Limitations: water table WELL DATA Setbacks - Well-Tanks: 100 Well-DF: 110 Report in File?: y Pump Type: subm. Depth: 149 Diameter: 4 Method: drilled INSPECTION RECORD Date 12/19/88 installation 8/13/91 no surfacing 10/26/93 no surfacing-pump tanks 7/22/96 no surfacing-need risers,pump tanks Compliance 1 1 1 1 PUMPOUT RECORD Date Gallons 12/18/92 1000 ^^Ncii REQUEST FOR COUNCIL ACTION ^AR lo 1997 C/7Vr>r- ^ DATE; Marcn 6, T9^Rb;Vo ITEM NO.; /3 Department Approval; Name Ron Moorse Title City Administrator Administrator Revietved; A Agenda Section: City Administrator's Report Item Description: Telecommunications Tower and Antenna Policy Statement Attachment: Policy Statement Regarding Telecommunications Antennas and Towers Background on Personal Communications Services (PCS) and the Need for a Municipal Telecommunications Policy and Ordinance The Federal Communications Commission has awarded two licenses for wireless digital personal communications services (PCS) for the north central region of the US including Minnesota. PCS digital communications services are expected to enhance and compete with current cellular analog phone services. PCS will enable individuals and businesses to use secure, accurate over the air paging, voice, FAX, video and data transmission with the advantage of a single phone number available at any location to which the transmission is sent. Receiving and transmitting the PCS signals will require an extensive infrastructure with many more sites required for PCS antennas, towers, and smaller repeaters to provide the flexibility and universality of service necessary for PCS to be fully operational in this area. Many more sites will be required for PCS equipment than the type and number of towers required for cellular communications. Because of this, cities need to be prepared to consider local land use, zoning, lease agreements and other site related considerations to enable them to respond to requests for PCS tower and antenna sites. Extent of Municipal Control The Federal Telecommunications Act originally included language that would have overridden municipal control over telecommunications towers. This language was removed shortly before passage of the Act. However, the Act does place three important limitations on local governments. 1. Cities may not "unreasonably discriminate among providers of functionally equivalent services. 2.Cities may not "prohibit or have the effect of prohibiting the provision of personal wireless services." 1 Telecommunications Tower and Antenna Policy Statement Continued 3.Cities may not regulate personal wireless services "on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC’s regulations concerning such emissions." The key limitation in terms of limiting the city's control over telecommunications towers and antennas is the requirement that cities may not prohibit or have the effect of prohibiting the provision of personal wireless services. From a practical standpoint, what this limitation addresses is the city’s ability to limit the ability of PCS providers to install antennas needed to provide the infrastructure (or network of antennas) required for PCS to operate throughout the city. The provision of wireless services depends on the installation of a network of antennas to create a continuous coverage area. These antennas need to be located as close together as one-quarter mile if they are located on lower towers (60-80 feet in height) and in densely populated areas or high PCS usage areas such as high traffic roadways. Because of Orono's large land area, and the high traffic levels on County Road 15 and Highway P it does not appear possible to totally prohibit PCS antennas from the city. However, it may be possible to accommodate the PCS antenna needs without the necessity of allowing the construction of additional towers. This would involve requiring PCS providers to use existing structures as locations for their antennas. The two most obvious existing structures that could be used as locations for antennas are the two city water towers. Policy Statement The first step in preparing regulations to enable the city to respond to requests for telecommunications tower and antenna sites is to develop a policy statement regarding telecommunications towers and antennas. The Council, at its November 11, 1996 meeting, directed staff to proceed with the development of regulations which prohibited antennas and towers from the city; or, if prohibition was not possible, to limit them as much as possible. The attached policy statement reflects the Council ’s direction. The policy statement provides for prohibition of telecommunications towers and antennas from the city unless it is shown through a technical analysis that without antennas located in the city it would not be possible to provide personal communications services in the city. The policy statement also provides that the only potential sites for telecommunication antennas are the two city water towers. The policy statement also sets out a policy and process regarding the use of city owned property (water towers) for wireless telecommunication antennas. The policy statement is to guide the preparation of zoning and other regulatory ordinances related to telecommunications towers and antennas. To this point, based on the policy statement, staff has prepared an ordinance prohibiting towers and antennas form the city’s Bl, B3 and II zoning districts. The reasoning and purpose for this prohibition is that the business and industrial Telecommunications Tower and Antenna Policy Statement Continued districts are located in close proximity to the city’s water towers. If antennas are needed to provide PCS service to these areas, it is preferable to locate them on the city's water towers rather than constructing new towers in these areas. Additional Regulations Regarding Telecommunications Towers in Residential Zones The intent of the policy statement is to prohibit telecommunications towers and antennas in all residential zones with the possible exception of locating antennas on the city’s two water towers. Several changes are needed to the city's residential zoning code to achieve that purpose. These are as follows: 1. 2. 3. The current residential zoning code provides for "public service structures" such as electric transmission lines, telephone exchange stations, and booster stations in residential zones. This section needs to be amended to indicate that telecommunications antennas and towers are not included in the definition of public service structures. The current residential zoning code provides for antennas on residential lots based on the federal requirement that cities can not prohibit amateur radio antennas. The city may also want to provide for other types of antennas such as for receiving commercial television. However, the zoning code needs to define those antennas in such a way that the telecommunications (PCS) antennas are prohibited. These changes will be prepared for the April 21 Planning Commission meeting with the intent to bring them to the Council at the first Council meeting in May. Develop language that allows telecommunications antennas on the city's water towers, which are located in residentially zones, under a very limited set of conditions. Nforatorium The city currently has a moratorium in place regarding telecommunications towers and antennas. This moratorium expires on March 24, 1997. In order to provide for the time necessary to process the residential zoning code changes to the Planning Commission and Council, it is necessary to extend the moratorium to May 26. Staff will bring an ordinance extending the moratorium to the Council at its March 24 meeting. COUNCIL ACTION REQUESTED Motion to approve the policy statement regarding wireless telecommunications antennas and / towers. CITY OF ORONO POLICY STATEMENT REGARDING WIRELESS TELECOMMUNICATION ANTENNAS AND TOWERS This policy is established as a guide to City staff in preparing zoning and other regulatory ordinances concerning wireless telecommunication (i.e. PCS) antennas and towers, and in responding to requests for the location of such antennas and towers within the City of Orono. The majority of the City of Orono is developed or planned for development as rural residential. This type of land use generates the least need for personal communication services (PCS) and antennas. The rural residential environment is also the least compatible with telecommunications towers. The two exceptions to Orono’s rural residential land use arc the Navarre area and the Highway 12 commercial area. These are also the locations of the city's tw o w ater towers. These areas are also in close proximity to planned antenna sites in adjacent cities. (,)rono surrounds the City of Long Lake which currently provides a tower for wireless elecommunications antennas adjacent to the Highway 12 commercial area. Orono is also adjacent j se -'•al cities who plan to allow PCS antennas in close proximity to Orono and, in particular, the mimercial area. These cities include Spring Park, Wayzata and Tonka Bay. Becaus jf Orono’s rural residential development, and proximity to cities providing antennas for wireless telecommunications services, it may be possible to provide wireless telecommunication service throughout Orono without the need for telecommunication antennas in Orono. However, because of the way the PCS antenna grid system works; the high traffic along County Road 15 and Highway 12, and the related car phone usage, most probably will require antennas in the Navarre area and the Highway 12 commercial area in addition to the antennas in adjacent cities. Therefore, Orono’s wireless telecommunications tower and antenna policy is that no towers or antennas will be allowed unless it can be shown that, even w ith the antennas in adjacent cities, Orono would be prohibiting the provision of telecommunication services to a portion of the City in the absence of antennas in Orono. This must be shown through a technical analysis which indicates specific parameters within which antennas are needed, so that the City can determine the best location for the antennas within the identified parameters. Article I: Regulation Under Cit>’ Police Power. City actions taken with regard to telecommunication activities must comply with a number of Federal parameters established by the Telecommunications Act of 1996. For example, local actions must foster rather than discourage competition, thus the City will not discriminate against one or a group of providers in favor of another group of providers or potential providers. Under the same act, local actions which result in a prohibition on provision of telecommunication ser\’ices are invalid. Thus staff is directed to address the provision of lawful wireless telecommunication ser\ ices with the following local objectives in mind: A. Minimize the number of wireless telecommunication antennas and towers based on CITY OF ORONO POLICY STATEMENT REGARDING WIRELESS TELECOMMUNICATION ANTENNAS AND TOWi RS Continued ________ the availability of antennas and towers in adjacent jurisdictions which enable the provision of telecommunication services both in those jurisdictions and throughout Orono. B. C. E. If telecommunications antennas are required, minimize the number of towers through co-location requirements. If a tower is required, ensure the new tower will be safe and blend into its environment. D. If a tower is required, ensure the tower and antennas are placed in suitable locations. Ensure that zoning ordinances and other municipal police power regulations are defensible in light of Federal and State laws with special attention paid to the new Federal requirements. Article II: Policy Regarding Use of City-Owned Propert}* for Wireless Telecommunication Antennas. 1.Introduction. In the event Orono is required to provide for telecommunication antennas in the City, the first priority is to locate the antennas on an e.xisting tower on City-owned property. Because this may result in requests from wireless telecommunication providers to place wireless telecommunication antennas on City-owTied property, the Orono City C'ouncil has determined that a uniform policy for reviewing these requests is desirable. 2. Pri(*nty of Users Priorit> use of City-owned property for wireless telecommunication antennas will be given to the following entities in descending order: A. City of Orono; B.Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the City of Orono and private entities with a public safety agreement with the City of Orono; C. Other governmental agencies, for uses which are not related to public safety; and D. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar ser\'ices that are marketed to the general public. CITY OF ORONO POLICY STATEMENT REGARDING WIRELESS TELECOMMUNICATION ANTENNAS AND TOWERS Continued 3. Minimum Requirements The placement of wireless telecommunication antennas on City-owned property must comply with the following requirements. A.The antennas will not interfere with the purpose for which the City-ow ned property is intended; B. The antennas will have no adverse impact on surrounding private property; C.The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public property and otlrer necessary provisions and safeguards. The fees shall be established by the City Council after considering comparable rates in other cities, potential expenses, risks to the City, and other appropriate factors; D.The applicant will submit a letter of credit, performance bond, or other security acceptable to the City to cover the costs of antenna removal; E.The antennas will not interfere with other users who have a higher priority as discussed in Section 2; F.Upon reasonable notice, the antennas may be required to be removed at the user's expense. G.The applicant must reimburse the City for any costs which it incurs because of the presence of the applicant's antennas. H. The user must obtain all necessary land use approvals. I.The applicant will cooperate with the City's objective to promote co-locations and thus limit the number of separate antenna sites requested. 4. Special Requirements The use of certain City-owned property, such as water tower sites, for wireless telecommunication antennas brings with it special concerns due to the unique nature of these sites. The placement of wireless telecommunication antennas on these special City-owned sites will be allowed only when the folio wing additional requirements are met. 1 f 1 CITY OF ORONO POLICY STATEMENT REGARDING WIRELESS TELECOMMUNICATION ANTENNAS AND TOWERS Continued A.Water Tower Sites - The City's water towers represent a large public investment in water pressure stabilization and peak capacity reserves. Protection of the equality of the City's water supply is of prime importance to the City. As access to the City's water storage systems increases, so too increased the potential for contamination of the public water supply. For these reasons, the placement of wireless telecommunication antennas on water tower sites will be allowed only when the City is fully satisfied that the following required are met. I. 2. 3. 4. The applicant's access to the facility will not increase the risks of contamination to the City's water supply; There is sufficient room on the structure and/or on the grounds to accommodate the applicant's facility; The presence of the facility will not increase the water tower». .intenance cost to the City; and The presence of the facility will not be harmful to the health of workers maintaining the water tower. 5. Application Process All applicants who wish to locate a wireless telecommunication antenna on City-owned property must submit to the City Administrator a completed application and detailed plan that complies with the submittal requirements of the Zoning Ordinance along with other pertinent information requested by the City. 6.Termination The City Council may terminate any lease if it determines that any one of the following conditions exist: A. B. A potential user with a higher priority cannot find another adequate location and the potential use would be incompatible with the existing use; A user's frequency broadcast unreasonably interferes with other users of higher priority, regardless of whether or not this interference was adequately predicted in the technical analysis; or. CITY OF ORONO POLICY STATEMENT REGARDING WIRELESS TELECOMMUNICATION ANTENNAS AND TOWERS Continued C.A user violates any of the standards in this policy or the conditions attached to the City's permission. Before taking action, the City will provide notice to the user of the intended termination and the reasons for it, and provide an opportunity for the user to address the City Council regarding the proposed action. This procedure need not be followed in emergency situations. 7. Reservation of Right Notwithstanding the above, the City Council reserves the right to deny, for any reasons, the use of any or all City-owned property by any one or all applicants. 8.Effective Date This policy shall be effective from ano after its adoption by the City Council. Adopted at the Orono City Council ’fV-aiig of: •1 Department Approval: Name Ron Moorse Title City Administrator REQUEST FOR COUNCIL ACTION DATE: March 6. \991^j\f^ j q ITEM NO.; /V Cfiy 199/ Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Ordinance Amendment Related to Telecommunications Towers and Antennas Attachment: Ordinance Amendment Prohibiting Telecommunications Towers and Antenna Structures in the Industrial, B1 and B3 Zoning Districts Rackground on Personal Communica tions Serv ices (PCS) and the Ne^d to CoPSidgr Zoning Change? PCS digital communications services are expected to enhance and compete with current cellular analog phone servicel Receiving and transmitting the PCS signals will require an extensive infrastructure with many more sites required for PCS antennas, towers, and smaller repeaters to provide the flexibility and universality of service necessary' for PCS to be fully operational in the metro area. Many more sites will be required for PCS equipment than the type and number of towers required for cellular communications. Because of this, cities need to be prepared to consider local land use and zoning regulations to prepare them to respond to requests for PCS tower and antenna sites. Preventing Proliferation of Towers and Antennas Although in the more densely populated areas PCS antennas may be required every' 1/4 mile, in less densely populated areas, the distance between PCS antennas can be 2 to 4 miles. This enables the city of Orono to substantially limit the proliferation of PCS antennas while enabling PCS ser\'ice to be provided throughout the city. It may be possible for PCS serv'ice to be provided throughout the city without any additional antennas located within Orono. If this is not possible, it may be possible for the city to prohibit any new towers if the city were to make one or both of its water towers available for PCS antennas. If this plan is followed it is not necessary for towers or antennas to be located in the city's industrial or business zones. Curr.:nt City Zonimi Regulations The current regulations allow ’ telecommunications towers or antenna structures in three zoning districts--the industrial zone and the B1 and B 3 zones. The city’s industrial zone is located on the south side of Highway 12 betw'een Old Cry stal Road and the Long Lake border. The city's B1 and B 3 zoned property is located in the Navarre area. Under the city’s current ordinance it would be possible for new ’ telecommunications towers to be constructed in both the Highway 12 area and the Navarre area. Because additional PCS towers are not needed in either the Highway 12 area or the Navarre area, due to the proximity of the city's water towers, the city's regulations concerning the industrial, B1 and B3 zones are proposed to be amended to prohibit telecommunications towers and antenna structures. This will prevent the proliferation of towers and antenna structures in those two areas. COUNCIL ACTION REQUESTED: Motion to approve the ordinance amending the city code to prohibit telecommunications towers and antenna structures in the Industrial, B1 and B3 zones. ORDINANCE NO.SECOND SERIES AN ORDINANCE AMENDING SECTIONS 10.40 AND 10.50 OF THE ORONO ZONING CODE BY DELETING "ANTENNA STRUCTURE" AS A CONDITIONAL USE IN THE B-1 RETAIL SALES BUSINESS DISTRICT AND THE I INDUSTRIAL DISTRICT The City Council of Orono ordains as follows: Section 1. Municipal Zoning Code Section 10.40, Subdivision 4 (I) is hereby amended by deleting the following use to the list of conditional uses in the B-1 Retail Sales Business District: " I. Antenna Suaicture. One independent antenna structure, with antenna or combination of antenna attached thereto, subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height of the antenna structure." Section. 2. Municipal Zoning Code Section 10.50, Subdivision 3 (B) is hereby amended by deleting the following use to the list of conditional uses in the I Industrial District: "B. Anteruia Structure. One independent antenna structure, with antenna or combination of antenna attached thereto, subordinate to and ser\ icing the principal use or structure on the same lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height of the antenna structure. Adopted by the City Council of Orono, Minnesota on this 24th day of February, 1997 by a vote of___ayes and____nays. ATTEST: Dorothy M. Hallin, City Clerk J. Diann Goetten, Acting Mayor REQUEST FOR COUNCIL ACTION ^AR lo DATE: Marc i99r flO/Vo ITEM NO.: Department Approval: Name Ron Moorsj Title City Administrator Administrator Reviewed: //> Agenda Section: City Administrator's Report Item Description: Tax Forfeit Parcel PID Number 17-117-23 43 0072 A small parcel on Lyric Avenue just east of Navarre Avenue is available to the City for public use due to tax forfeiture (please see the attached map). Staff has determined there are no public needs that could be met by the City's acquisition of this parcel. Therefore staff is reconunending the parcel be released for private sale to the adjacent property owners with the condition that the parcel be combined with an adjacent homestead parcel. A resolution accomplishing this is attached. COUNCIL ACTION REQUESTED: Motion to adopt a resolution releasing Parcel Number 17-117-23 43 0072 for private sale to adjacent property owners for combination with an adjacent homestead lot. ■-f‘.V •1^ N 140 C-• < 23) s 5^';(n) P- ■ " i Y (MCjAII 'NO~~f (56) ? (57) ?&€■•« 5W?5? *’■-!- -| '^ >- -07 5 /V». DOC NO l9«6 iS-^ *• > IS« 60 A (33) Vi. V 9 . 34) •«/^42' r'j. DOC *€ roOV5« n'l .'i54. 51 Pf5 TAX FORFEIT LAND RELEASED FOR PRIVATE SALE TO ADJACENT OWNERS WHEREAS, the city of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non-payment of real estate taxes; and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessments remaining unpaid to the City, and/or for possible public use by the City as authorized in the Statutes. In addition the Council has reviewed said lands and certified that this parcel need not be withheld from sale pursuant to Minnesota Statutes 85.021,92.461,282.01, Subd. 8, 282.018, Subd 1,04 282.018, Subd. 2. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the city of Orono, pursuant to Minnesota Statutes 282, hereby approves the classification of said parcel of land as non conservation land, and furthermore, approves the public sale of this parcel of land as listed below to adjacent property owners. All parcels remain subject to all applicable zoning ordinance provisions, including those regulations providing for minimum lot area and minimum lot width. Substandard parcels may be useable only in combination with other adjoining parcels(s). Release of this parcel by the City Council is subject to the condition that upon purchase by adjacent property owner of said tax forfeit parcel purchaser shall legally combine for tax purposes adjacent existing homestead property and said tax forfeit parcel. Release of this land by the City Council is subject to the condition that all outstanding special assessments shall be paid in full to the City upon return to private ownership. Any amount not recovered at the time of sale shall be subject to reassessment by the City. i PARCEL RELEASED FOR SALE TO ADJACENT HOMESTEAD OWNERS District P.I.D. # 17-117-23 43 0072 Adopted by the City Council of the city of Orono, Minnesota at a regular meeting held the 10th day of March, 1997. Gabriel Jabbour, Mayor ATTEST: Dorothy M, Hallin, City Clerk i * • ^ Cot/« REQUEST FOR COUNCIL ACTION 1 Q TIHq 1997 DATE: March6,l^A/o ITEM NO.: Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse m City Administrator's Title City Administrator Report Item Description: Adoption of Trail System Plan The Park Commission, in 1990, adopted a bike/hike trail system concept plan as shown on the attached map. The city does not have a record of this plan being adopted by the Council. Since this plan has been used as the basis of Council decisions, it should be formally adopted. COUNCIL ACTION REQUESTED: Motion to adopt the attached trail system plan. • • RESOLUTION TO ADOPT A CITY BIKE/HIKE TRAIL CONCEPT PLAN WHEREAS, a bike/hike trail system can provide a means of pedestrian transportation through out the city, and WHEREAS, a bike/hike trail system can provide for access connections between local, state, and regional parks, recreation, and open space facilities, and WHEREAS, a citizen survey has identified trtiils as a high priority in terms of recreational facilities, and WHEREAS, the Park Commission has adopted a bike/hike trail system concept plan. NOW, THEREFORE BE IT RESOLVED, that the Orono City Council does hereby adopt the attached bike/hike trail system concept plan. Adopted by the Orono City Council at a regular meeting held this 10th day of March, 1997. ATTEST: Dorothy M. Hallin, City Clerk •X % jT.*r s "V/ !..)-■ "’n- ! ■ -, ■• . •■ ^ _ ’• < Nr rJi li - liiiJ•’Vfaa sr^vr / f ) • _ *5 / lONRI B %>. '■ J^Jirit-.-~.. li-i I WAY2ATA DNR-3 -,v.i...::,cfe'-/^ iw ^iCN.. 't1p5q?iFS)ff J'l\l \ "'iM’h:i\ mI ■ I DEPARTMENT OF NATHRAI c-'' BEACI ■ I I i'r :.fA City of Orono, Minnesota BIKE/HIKE TRAIL CONCEPT PLAN DIIIl 0 ooo T 0 I'?"" t SOOO ft IlK north BONESTROO, ROSENE. ANDERLIK & ASSOC, INC. COMSUIIINC INClNCmS St. Paul, Minnettta DNR-I LUCE LINE TRAIL DNR-2 WOLSFELO NATURE ONR-3 FERNOALE MARSH HENNEPIN COUNTY PARK K IM NOERENBERG PARI H-2 MORRIS T. BAKER H-3 PUBLIC BOAT LAUt ORONO PARKS SYSTEM 01 CASCO POINT PAI 0 2 CASCO POINT BE. 0*3 CASCO POINT ICE 04 LYOIARO BEACH 05 CITY PARK 06 ANTOINE PARK 0-7 HIGHWOOO PARK 0-0 SANDY BEACH 0-9 SUMMIT PARK SW 010 CYGNET PARK Oil BEDERWOOD PARK 012 HACKBERRY PARI 013 ORONO GOLF COUl 014 ORONO SCHOOL St 015 NAVARRE PLAYGF 016 CRYSTAL BAY PLA PRIVATE RECREATION F/ PI lakeview golf D P 2 WOOD HILL COUNT P*3 WAYZATA COUNTp.4 CAMP TEKO P 5 VETERANS’ BIG IS ------------BIKE/HIKE TRAIL REVISIONS < OCT. 66 MAR 90 Rood Key io REQUEST FOR COUNCIL ACTION ^fryo. i99r ''OflOi DATE: March 7, 1997 ITEM NO /7 Department Approval: Name Ron Moorse Title City A.dministrator Administrator Reviewed:Agenda Section: City Administrator's Report__________ Item Description: ' Resolution of Appreciation to Jeanne Mabusth Upon Her Retirement Jeanne Mabusth has served the city for 19 years as Planning & Zoning Administrator. Jeanne is retiring from her position with the city. Her last day with the city will be March 21, 1997. A resolution of appreciation for Jeanne ’s dedicated service to the city is attached for Council adoption. COUNCIL ACTION REQUESTED: Motion to adopt a resolution of appreciation to Jeanne Mabusth upon her retirement, r A RESOLUTION OF APPRECIATION TO JEANNE MABUSTH FOR DEDICATED SERVICE TO THE CITY OF ORONO WHEREAS, Jeanne Mabusth has server* this community well for 19 years as Planning & Zoning Administrator, and WHEREAS, the years of service have been marked by exemplary dedication to the best interests of the community, and WHEREAS, she has earned the admiration and high regard of those with whom she has come into contact, and WHEREAS, she is retiring from her position as Planning & Zoning Administrator. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono does hereby express its sincere appreciation and thanks to Jeanne Mabusth for her dedicated service to the community and highly commend her the manner in wi.ich she has carried out her duties and responsibilities. BE IT FURTHER RESOLVED, that the City Council extends to her best v.-iMies for a happy, healthy, active, and fi-ifilling retirement. Adopted by the City Council of Orono, Minnesota, at a regular meeting held this 10th day of March, 1997. ATTEST.Gabriel Jabbour, Mayor Dorothy M. Hallin, City Clerk 1 i REQUEST FOR COUNCIL ACTION ^OUt^ClL Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: DATE: item no.; M Agenda Section: City Administrator's Report Item Description: ' Westonka Senior Center-Update Regarding New Building Plans The Mound Westonka School Board has decided to sell the building that currently houses the Westonka Senior Center. This has created the need to provide new space for the Senior Center activities. The process of planning for a new Senior Center is well underway. A planning group made up of elected and appointed officials of the cities of Mound, Spring Park, and Minnetrista; a representative of the Westonka Seniors; and the Executive Director of Senior Community Services have been meeting on a monthly basis. Orono has also been invited to send representatives to the meetings. Three potential sites have been selected-two in downtown Mound and one on park land in Minnetrista. Alt are available at no cost. The new Senior Center building is planned to be 12,000 square feet in size. For financial plamiing purposes the cost is being estimated at $100.00 per square foot (including grading, utilities, etc.) for an estimated construction cost of $1.2 million. Additional related costs could increase the total project cost to $1.4 million. The current financing plan is tliat the city of Mound would hold a bond referendum election for the sale of bonds to cover the total cost of the project. The repayment of the bonds would, for the most part, be shared by the cities of Mound, Spring Park and Minnetrista according to their relative population, with a $200,000 contribution from the Westonka Seniors. Also, because the cities of Orono and St. Bonifacious both have residents who currently use the Westonka Senior Center, the cities of Mound, Spring Park and Minnetrista would very much appreciate the two cities considering some level of contribution toward the capital costs of the facility. The planning group has scheduled another meeting for April 2. The group would like Orono and St. Bonifacius to indicate whether they are willing to consider a contribution toward the facility and, if so, how much they would consid'^r contributing. If Orono is to make a contribution to the facility, it should be based on some measure of the amount of usage by Orono residents in relation to the usage by residents of the other cities. If the Council is considering making a contribution, and if there is any information staff can provide to assist in determining the amount of the contribution, staff can prepare the information for the March 24 Council meeting. COUNCIL ACTION REQUESTED: Motion to indicate whether this item should be placed on the March 24 Council meeting agenda, and to indicate any additional information staff should provide to assist the Council's decision making. REQUEST FOR COUNCIL ACTION *fA/i ^0 ^99/ DATE: March?, 1997 ITEM NO -n Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Contribution Toward an Enhanced Vision Camera for the Mound Fire Department At its February 10 meeting, the Council discussed a letter from the City of Spring Park regarding funding for an enhanced vision "iris’’ camera that allows fire fighters vision in a smoke fiUed 'ooir to recover a person who may have been overcome. The City of Spring Park is initiating an efroi t to raise fund' *o purchase this camera for the Mound Volunteer Fire Department. Ti e (./f the camera is $25,000. It was suggested at the Council meeting that it may be reasonable for the City to pay a share of the cost based on Orono's share of the Mound Fire Department’s budget. The City’s share of the Mound Fire Department budget is 18%. 18% of $25,000 is $4,500. COUNCIL ACTION REQUESTED: Motion to indicate the amount of the City’s contribution toward the Enhanced Vision Camera, to be paid from the contingency account, and to amend the budget to reflcrt the amount of the contribution REQUEST FOR COUNCIL ACTION DATE: March 10, 1997 ITEM NO Department Approval: Name Gregory A. Gappa Title Direci i- of Public Services Administrator Reviewed: fM Agenda Section: Administrator's Report Item Description: Spring Cleanup Days The cates and times for the annual Spring Cleanup Days in conjunction with the City of long Lake have been established. Saturday, April 26th from 8:00 a. m. to 2:00 p.m. for general items, no construction debris included. Saturday, May 10th from 8:00 a.m. to 2:00 p.m. for construction debris only. The format will be the same as in previous years with the events being held at the Orono Public Works Facility parking lot. The City of Long Lake will provide two public works personnel to assist with the event in exchange for Orono providing the site for the clean up days. The event is limited to Orono and Long Lake residents only. Various contractors will be collecting items for proper disposal. The contractors will be charging fees for disposal of items with the residents responsible for payment of the fees directly to the contractors. Detailed information regarding this event will be published in the Orono Reflections Newsletter and the local newspapers. COUNCIL ACTION REQUESTED: Motion to establish the dates for the annual Spring Cleanup Days. REQUEST FOR CjgfWCIL^^tQN ^ DATE: March 7. 1997 ITEM NO: ^2^ Department Approval: Name Dorothy Hall in Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval RESIDENTIAL KENNEL LICENSE - Judith A. Spinner 940 North Arm Drive CIGARETTE LICENSE -Grant R. Wenkstem Lakeview Golf of Orono, Inc. 405 North Arm Drive MALT LIQUOR (BEER) LICENSE - Orono Golf Course 265 Orono Orchard Road SPECIAL EVENT PERMIT-Clyde Gates Foot Race on Luce Line April 12, 1997, 8:30 a.m. - 10:30 a.m. Spring Parade of Homes Stickney & Schwarz Builders, Inc. 2920 Somerset Lane 3-8 p.m. weekdays noon - 6 weekends COUNCIL ACTION REQUESTED Motion to approve/deny above listed licenses. KENNEL LICENSE APPLICATION Effective January 1,1 9*^1 to December 31,19 4*- vV- Owner: A. Sp.’ovieA Property Address: Klo»^ivv ft/'no rOour>d ^ r^tJ (include city and zip) Mailing Address (if different):___________________________________________ (work) 32>1 -Phone: (home) ___________ RESIDENTIAL Kennel License Fee: S25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time: 3____________________________ (over 6 month' of age) Principal Breed: Sprl ^ Coc-lC-eA So^\t\ <■ ^hih ~1^il Purpose for more than 2 does: PteeSuv'c._________________________________ Dogs normally kept: inside____kennel structure COMMERCIAL Kennel License Fee: S150.00 (payment must accompany application) Name of Business: Business Activities; (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours: After Hours Contact; (name)_ (phone) Dog runs/exercise areas are:inside outside both The undersigned hereby makes application to the Orono City Council for a Kermel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigend hereby grants the City permisssion to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Mumcipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. /D-- 9 <;» Date For City Use Only Kennel inspected by Date - 97 Recommends Approva l X Denial CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka ADMINISTRATION -473-7358 FAX-473-0310 received 2 6 m CITY OF ORONO 19 <?7APPLICATION POR LICENSE TO SELL CIGARETTES AT RETAIL Orono Municipal Code Section 5.24 1. Name of Applicant (rre^.Je-r^ - {Inlf- ■7/0 a). Vet .Mailing Address_ _ _ _ _ _ _ _ __ City/State/Zip Code OlouncJt Phone Number _ _ _ _ _V7-^ - J V5^9 Pa:*/- . 2 I 2. Sales Location: Name Street Address Mailing Address Phone Number Aq^c('C- 0^ Orond^ J-nc .___________ /l), /Ir^yy - /^oun<^______ •7/0 l\) . £lvMC. flf . u) ■ iVau^d 3. Principal business carried on at this location Oo/-p 4. Method of Sales: Over Counter X Other I hereby make application for license to sell cigarettes at retail at the above location subject to the laws of the State of Minnesota and the ordinances of the City of Orono during the following quarterly periods: Feb-Mar-Apr ?C May-June-July _ _ Aug-Sept-Oct (6o^Dec-Jan LICENSE FEES Expiration date of license, Jan, 31, each year. Annual license fee is $20.00. Where applicable, as in the case of seasonal sales, this may be pro rated by quarters, at $5.00 per quarter. Make remittance payable to: CIVD OF ORONO Signature of applicant 4 Dated A/ Date: To: From: March 6,1997 Ron Moorse, City Administrator Gary Cheswick, Chief of Police Subject: 3.2 Beer License - Orono Golf Course I have reviewed the application of Ronald E. Steffenhagen on behalf of the Orono Golf Course located at 265 Orono Orchard Road. I have no objection to the issuance of this license. TO:Orono Police Department FROM:Dorothy Hallin, City Clerk DATE:February 28,1997 SUBJECT: On Sale 3.2 Beer License for Oro*.o Golf Attached is the license application for the Orono Golf to sell 3.2 beer. Please do your background investigation and make a written recommendation for Council consideration. This item will be on the March 10 agenda. Thanks for your help. 1 1 Form No* 235 — AiipUaiiiuii fur Mriaii lirnuc lo Sell Noa>i«luMraliii|t Mali li<|Moc **ON" I'rrmi^cv iiu«. ii «n RETAIL “ON SALE” ^tate of coujfrr or. inue{(ota, )£1 on *0^01^ o To the................................................of the... .......................................State of Minnesota: hereby ayplSJ^Ulfor a license for ihe term of ----------................... from ____________.day of.-----------------------------------^ 9sll At Retail Only, Non-Intoxicatin; Malt Liquors, ae the same are defined by law, for eonsumpiion **OJr* those certain premises in the. ■d-in.^__________________of ____0. desoribed ae follows, io-wUi at which place said applioanl.....aperaU business^. ________________________i20gL ’5_C. and to that end represent_and state—as follows: That said appUeant-------------------------------dtUen.—of the United States; of food moral character and repute; and ha........attained the age of tl years; that-------------------------------.^..proprietor.—of the establishment for whieJ^ the Uoense wUl be issued if this application is granted. That no manufacturer of such non-intoxicating malt liquors has any ownership, in whale ^ in part, in said business of said applicant—or any interest therein; That said applicant......make...this application pursuant and subject to all the laws of the State of Minnesota and the ordinances and regulations of said---------------------------------------------------------------- nppUcTble thereto, which are hereby made a part hereof, and hereby agree....to observe and obey the same; (Uoro aUto other coqulrUBoata. If aaj, •! local rttaUUooa) Each applicant further states that by the commencement of business and by July / of each succeeding year said applicant will have paid the Federal Special Occupational Tax to the Bureau of Alcohol, Tobacco and Firearms for a retail dealer. Dated.j3.—-------, AppUeant— P. O. Eo)( fC_________ _Cyi/kZ_&^_fc.__ 4 * PARADES & SPECIAL EVENTS PERMIT APPLICATION ^ ORONO CITY QKQRQNO ■ MH>^SOTA Permit #: FEB 2 5 Phone Number: ^ /u)c/g i'<Name:J <r -S Address: 2> V O Sjc^Q^o/~f C. ( City,State, Zip: ^^ Location of Parade or Event: ^trJxf^c' j U lice. Lt\ Uy^s4 cn Luc(^ rif?(Prt-x >.'c^d hack, , Date of Event: A p Y'i ( ^2.^ Hours of Event: ^[bOci^^ 4c \c\^q Cl >vu Type of Event:_____"7^g<7cJ ^ f^c^Cct Insurance Company: /- iip lz& - Kvr- - C la'ut^j (Copy of insurance certificate must be submi w /l-^xYia'fvjAmount: ^Z.. c*-r'r t*rc ittedwith 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. I understand some events may require off-duty or reserve officers and a fee may ^ required for thes^serv^es. Signature Date Approved: □ Denied: □ By: BomarWc*Applicant must provide enough volunteers to direct runners/traffi at intersection roads along the race route" Applicant must provide^!st a: to the runners. NOTICE: Beginning 1997 there will be an addit-.onal fee wher the ^^of—police reserve officcrs are needed p3^w~ 6 Mar 1997 Thu 2:15 PM Check Register City of Orono Check Number Date Name Check Number 53353 53353 A-1 RENTAL lO-Mar-97 A-1 RENTAL Totals Check Number 53353 A-1 RENTAL Check Number 53354 A.T.O.M. 53354 lO-Mar-97 A.T.O.M. Totals Check Number 53354 A.T.O.M. Check Number 53355 ALL STAR ELECTRIC 53355 53355 53355 lO-Mar-97 lO-Mar-97 lO-Mar-97 AIX STAR ELECTRIC ALL STAR ELECTRIC ALL STAR ELECTRIC Totals Check Number 53355 ALL STAR ELECTRIC Check Number 53356 AT&T 53356 lO-Mar-97 AT&T Totals Check Number 53356 AT&T Check Number 53357 AT&T WIRELESS SERVICES 53357 53357 53357 lO-Mar-97 lO-Mar-97 lO-Mar-97 AT&T WIRELESS SERVICES AT&T WIRELESS SERVICES AT&T WIRELESS SERVICES Totals Check Number 53357 AT&T WIRELESS SERVICES Check Number 53358 BATTERIES PLUS 53350 lO-Mar-97 BATTERIES PLUS Totals Check Number 53359 BATTERIES PLUS Check Number 53359 BENEFITS DESIGN GROUP 53359 lO-Mar-97 BENEFITS DESIGN GROUP Totals Check Number 53-?59 BENEFITS DESIGN GROUP Check Number 533d i -lASiST CENTER 53360 lO-Mar-97 BRC-ASSIST CENTER Totals Check Number 53360 BRC-ASSIST CENTER Check Number 53361 BUDGET PRINTING 53361 lO-Mar-97 BUDGET PRINTING Transaction Amount 123.75 123.75 25.00 25.00 138.36 82.19 47.19 267.74 137.15 137.15 5.45 5.44 111.60 122.49 61.98 61.98 2.777.11 2.777.11 38.05 38.05 9.46 Page 1 Comments SCAFFOLD RENTAL-REPAIRS J OKNSON-REGISTRATION RECONNECT VENT FAN REPIJVCE STOPLIGHT REPLACE STOPLIGHT LONG DISTANCE CHARGES CELL PHONE CHARGES CELL PHONE CHARGES CELL PHONE CHARGES HAND HELD RADIO BATTERIES .-1\RCH FORMS PAPER FOR PD f 6 Mar 1997 Thu 2:15 PM Check Register City of Orono Page 2 Check Number Date Name Check Number 53361 BUDGET PRINTING Total* Check Number 53361 BUDGET PRINTING Check Number 53362 CARLSON EXCAVATING 53362 lO-Mar-97 CARLSON EXCAVATING Totals Check Number 53362 CARLSON EXCAVATING Check Number 53363 CHAPIN CONSTRUCTION BULLETIN 53163 lO-MJir-97 CHAPIN CONSTRUCTION BULLETIN Total* Check Number 53363 CHAPIN CONSTRUCTION BULLETIN Check Number 53364 CHUNKS LAKESHORE AUTO Check Number 53365 CITY OF ORONO PETTY CASH 53365 lO-Mar-97 CITY OF ORONO PETTY CASH Totals Check Number 53365 CITY OF orono PETTY CASH Check Number 53366 CITYVIEW PLUMBING & HEATING 53366 53366 53366 53366 lO-Kar-97 lO-Mar-97 lO-Mar-97 lO-Mar-97 CITYVIEW PLUMBING & HEATING CITYVIEW PLUMBING & HEATING CITYVIEW PLUMBING fc HEATING CITYVIEW PLUMBING k KEATING Total* Check Number 53366 CITYVIEW PLUMBING & HEATING Check Number 53367 CONCEPT LANDSCAPING INC. 53367 lO-Mar-97 CONCEPT LANDSCAPING INC. TOwals Check Number 53367 CONCEPT LANDSCAPING INC. Check Number 53368 CONNELLY INDUSTRIAL ELEC. 53368 lO-Mar-97 CONNELLY II^DUSTRIAL ELEC. Total* Check Number 53368 CONTIELLY INDUSTRIAL ELEC. Transaction Amount Comments 9.46 1.660.00 1.680.00 REMOVE SNOW, ICE>PW BLOG 182.00 182.00 L.S. US AD FOR BIDS 53364 lO-Kar-97 CHUNKS LAKESHORE AUTO 287.97 8173 TIE RODS. ALIGN 53364 lO-Mar-97 CHUNKS LAKESHORE AUTO 463.43 8171 BRAKES 53364 lO-Mar-97 aiUNKS LAKESHORE AUTO 68.40 8175 HEADLIGHT 53364 lO-Mar-97 CHUNKS LAKESHORE AUTO 26.71 8172 OIL CHANGE 53364 lC-Mar-97 CHUNKS LAKESHORE AUTO 602.97 8174 BRAKES. TIE ROD 53364 lO-Mar-97 aiUNKS LAKESHORE AUTO 38.11 8175 OIL CHANGE. LIGHTS Totals Check Number 53364 CHUNKS LAKESHORE AUTO 1.487.59 71.60 71.60 POSTAGE 272.87 259 63 183.25 689.30 REPAIR PUMP FOR WTR HTR REPAIR CIRCULATING PUMP DRAFT HOOD FOR PW BUILDIN REPAIR A/C, FURANCE 1.405.05 650.00 850.00 REMOVE TREE-3195 CASCO 181.21 181.21 L.S. 82-REPAIR FUSE r 6 Mar 1997 Thu 2:15 PM Check Register City of Orono Check Number Date Name Check Number 53369 53369 CORNERHOUSB 10-Mar-97 CORNERHOUSB Totals Check Number 53369 CORNERHOUSB Check Number 53370 CYS UNIFORMS 52370 lO-Mar-97 CYS UNIFORMS Totals Check Number 53370 OtS UNIFORMS Check Number 53371 DARE AMERICA MERCHANDISE 33371 lO-Mar-97 DARE AMERICA MERCHANDISE Totals Check Number 53371 DARE AMERICA. MERCHANDISE Check Number 53372 DEMBOUSKI, JAY 53372 lO-Mar-97 DEMBOUSKI, JAY Totals Check Number 53372 DEMBOUSKI. JAY Check Number 53373 DRIVERS LICENSE GUIDE CO, 53373 lO-Mar-97 DRIVERS LICENSE GUIDE CO, Totals Check Number 53373 DRIVERS LICENSE GUIDE CO Check Number 53374 E-Z RECYCLING 53374 lO-Mar-97 E-Z RECYCLING Totals Check Number 53374 E-Z RECYCLING Check Number 53375 EARL F. ANDERSON & ASSOC. 53375 lO-Mar-97 EARL F. ANDERSON & ASSOC, Totals Check Number 53375 EARL F. ANDERSON & ASSOC, Check Number 53376 ENGINEERING REPRO SYSTEMS 53376 lO-Mar-97 ENGINEERING REPRO SYSTEMS Totals Check Number 53376 ENGINEERING REPRO SYSTEMS Check Number 53377 ESS BROTHERS & SONS 53377 lO-Mar-97 ESS BROTHERS k SONS Totals Check Number 53377 ESS BROTHERS k SONS Check Number 53370 FARNIOK. CORREY Transaction Amount 1,064.00 1,064.00 278.70 278.70 133.24 133.24 31.63 31.63 21.95 21.95 5.422.92 5.422.92 612.33 612.33 152.69 152.69 717.81 717.81 Page 3 Comments 1997 CONTRACT TOMCHECK-UNIFORM DARE SUPPLIES EXPENSE REIMBURSEMENT 1997 I.D. CHECKING GUIDE FEBRUARY SERVICE "NOTICE" SIGNS REPRINTS ADJUSTMENT RINGS 6 Mar 1997 Thu 2:15 PM Check Register City of Orono Check Number Date Name Check Number 53370 53278 FARNIOK, CORREY lO-Mar-97 FARNIOK, CORREY Totals Check Number 53370 FARNIOK, CORREY Check Number 53379 FISCHER AGGREGATES INC. 53379 53379 lO-Mar-97 lO-Mar-97 FISCHER AGGREGATES INC, FISCHER AGGREGATES INC Totals Check Number 53379 FISCHER AGGREGATES INC, Check Number 53300 FROST, SHERRY R. 53380 lO-Mar-97 FROST, SHERRY R. Totals Check Number 53380 FROST, SHERRY R. Check Number 53302 GALL'S INC. 53382 53382 lO-Mar-97 lO-Mar-97 CALL'S INC, GALL'S INC, Totals Check Number 53382 GALL'S INC. Check Number 53383 HENNEPIN COUNTY TREASURER 53303 10-Mar-97 HENNEPIN COUNTY TREASURER Totals Check Number 53383 Hennepin county treasurer Check Number 53384 HENNEPIN COUNTY TREAS. 53384 53384 lO-Mar-97 lO-Mar-97 HENNEPIN COUNTY TREAS •HENNEPIN COUNTY TREAS Totals Check Number 53384 HENNEPIN COUNTY TREAS Transaction Amount 5.27 5.27 855.81 2.277.36 3,133.17 520.00 520.00 47.98 141.55 189.53 69.00 69.00 50.00 137.31 107.31 Page 4 Comments EXPENSE REIMBURSEMENT WINTER SAND WINTER SAND PARK COMMISSION MTG Check Number 53381 53381 G & lO-Mar-97 K SERVICES G 6t K SERVICES 11.10 RATHBUN 53381 lO-Mar-97 G &K SERVICES 59.01 STREET EMPLOYEES 53381 lO-Mar-97 G &K SERVICES 82.95 FLOOR MATS 53301 lO-Mar-97 G &K SERVICES 5.33 STEFFENHAGEN 53381 lO-Mar-97 G &K SERVICES h1.63 FLOOR MATS 53381 lO-Mar-97 G &K SERVICES 47.63 FLOOR MATS 53381 lO-Mar-97 G &K SERVICES 11.10 RATHBUN 53301 10 4^r-97 G a K SERVICES 79.88 STREET EMPLOYEES 53381 lO-Mar-97 G &K SERVICES 5.33 STEFFENHAGEN 53381 lO-Mar-97 G &K SERVICES 11.10 RATHBUN 53381 lO-Mar-97 G a K SERVICES 58.00 STREET EMPLOYEES 53381 lO-Mar-97 G &K SERVICES 5.33 STEFFENHAGEN Totals Check Number 53381 G a K SERVICES 424.39 «175 FLASHER LIGHT SPOTLIGHT 1997 HAZARDOUS WASTE PROPERTY OWNERS LIST FICHE SERVICES .... nt - - 6 Mar 3997 Thu 2:15 PM Check Register City of Orono Check Number Date Name Check Number 53385 53385 {CUSTOM SIGNALS INC lO-Mar-97 {CUSTOM SIGNALS INC Totals Check Number 53385 {CUSTOM SIGNALS INC Check Number 53386 LAKE BUSINESS SUPPLY 53386 53386 lO-Mar-97 lO-Mar-97 LAKE BUSINESS SUPPLY LAKE BUSINESS SUPPLY Totals Check Number 53386 LAKE BUSINESS SUPPLY Check Number 53387 LEAGUE OF MN CITIES 53387 53387 08-Oct-96 lO-Mar-97 LEAGUE OP MN CITIES LEAGUE ''V MN CITIES Totals Check Number 53387 LEAGUE OF MN CITIES Check Number 53388 LMCIT-BERKLEY ADMIN 53388 lO-Mar-97 LMCIT-BERKLEY ADMIN Totals Check Number 53388 LMCIT-BERKLEY ADMIN Check Number 53389 LONG LAKE BIO A AUTO PARTS 53389 lO-Mar-97 LONG LAKE BIG A AUTO PARTS Totals Check Numbex 53389 LONG IJUCE BIG A AUTO PARTS Check Number 5339C LONG LAKE TRACTOR EQUIPMENT 53390 lO-Mar-97 LONG LAKE TRACTOR EQUIPMENT Totals Check Number 53390 LONG LAKE TRACTOR EQUIPMENT Check Number 53351 MEDICA CHOICE 53391 53391 53391 lO-Mar-97 lO-Mar-97 lO-Mar-97 MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE Totals Check Number 53391 MEDICA CHOICE Ch« ck Number 53392 MET COUNCIL EN'/IRONME.rTAL SVCS 53392 lO-Mar-97 MET COUNCIL ENVIRONMENTAL SVCS Totals Check Number 53392 MET COUNCIL ENVIRON^MENTAL SVCS Check Number 53393 MILLER ENTERPRISES INC. 53393 lO-Mar-97 MILLER ENTERPRISES INC, _ . - Transaction Amount 174.54 174.54 10.86 5.43 16.29 15.00 182.92 197.92 16,994.75 16,994.75 8.48 8.48 113.59 113.59 262.03 112.29 12,740.93 13,115.25 20,320.07 20,320.00 221.20 Page 5 Comments RADAR REPAIR RIBBONS TYPEVmiTER RIBBON OLSON-SNOW PLOWING POLICY *97 DIRECTORY INSURANCE COVERAGE SCRUB BRUSHES BINGLEY DROP LEG MARCH INSURANCE MARv'H INSURANCE MARCH INSURANCE APRIL SWR SERVICE PLOW A-FPAME 6 Mar 1997 Thu 2:15 PM Check Register City of Orono Check Number Date Name Check Number 53393 MILLER ENTERPRISES INC. Totals Check Number 53393 MILLER ENTERPRISES INC. Check Number 53394 MINNEAPOLIS OXYGEN COMPANY 53394 lO-Mar-97 MINNEAPOLIS OXYGEN COMPA.Vf Totals Check Number 53394 MINNEAPOLIS OXYGEN COMPA.NT Check Number 5339S MINNEGASCO 53395 53395 53395 10 Mar-97 lO-Mar-97 lO-Mar-97 MINNEGASCO MINNEGASCO MINNEGASCO Totals Check Number 53395 MINNEGASCO Check Number 53396 MN DEPT OF HEALTH 53396 04-Mar-96 MN DEPT OF HEALTH Totals Check Number 53396 MN DEPT OF HEALTH Check Number 53397 MN DEPT OF REVENUE 53397 04-Mar-96 MN DEPT OF REVENUE Totals Check Number 53397 KN DEPT OF REVENL’E Check Numoer 53398 m WEIGHTS k MEAStrXS 53398 lO-Mar-97 MN WEIGHTS k MEASURES Tot '.Is Check Number 533 8 MN WEIGHTS k MEASURES Check Number 53399 NSP 53399 53399 53399 53399 lO-Mar-97 24-Feb-97 lO-Mar-97 lO-Mar-97 NSP NSP NS? NSP Totals Check Number 53399 NSP Check Number 53400 OFFICE DEPOT 53400 53400 24-Feb-97 lO-Mar-97 OFFICE DEPOT OFFICE DEPOT Totals Check Number 53400 OFFICE DEPOT Check Number 53401 OLSVOLD CO. 53401 lO-Mar-97 OLSVOLD CO. Transaction Amount 221.20 108.12 108.12 76.64 463.57 3,056.09 3,596.30 1,050.00 1,050.00 23.00 23. CC 400.00 400.00 133.54 720.38 1,919.20 1,036.07 4,609.99 90.76 316.54 407.30 1,341.90 Page 6 Comments OXYGEN GAS CHARGES GAS CHARGES GAS CHARGES 1ST OTR WTR CONNECTION FE FEBRUARY SALES TAX CALIBRATE SCALES NSP CHARGES NSP CHARGES NSP CHARGES HWY 12 k WILLOW MISC SUPPLIES CABINET CART COUNTER TOPS FOR BATHROOM 1 6 Mar 1997 Check Register Page Thu 2:15 PM City of Orono Check Transaction Number Date Name Amount Comments Check Number 53401 OLSVOLD C(). Totals Check Number 53401 OLSVOLD CO.1.341.90 Check Number 53402 PERA LIFE INSURANCE 53402 07-Mar-96 PERA LIFE INSURAIICE 156.00 APRIL INSURANCE Totals Check Number 53402 PERA LIFE INSURANCE 156.00 Check Number 53403 PHEOLL 53403 lO-Mar-97 PHEOLL 5.31 NYLON INSERT Totals Check Number 53403 PHEOLL 5.31 Check Number 53404 PIONEER 53404 lO-Mar-97 PIONEER 63.00 LAND USE APPLICATIONS 53404 lO-Mar-97 PIONEER 42.00 APPL #2224-REZONING 53404 lO-Mar-97 PIONEER 40.25 APPL H2212-REBERS 53404 lO-Mar-97 PIONEER 21.00 APPL ff22ie-JYLAND DEITLOP 53404 lO-Mar-97 PIONEER 96.40 BAYRIDGE. HARTWOOD SWR 53404 lO-Mar-97 PIONEER 72.30 BRACKETTS POINT SWR 53404 lO-Mar-97 PIONEER 87.50 AXLE WEIGHT LIMITS 53404 lO-Mar-97 PIONEER 350.00 NOISE CONTROL ORDINANCE 53404 lO-Mar-97 PIONEER 45.50 AD FOR BIDS - LS 86 53404 lO-Mar-97 PIONEER 979.44 AXLE FOR TRAILER Totals Check NurrjDer 53404 PIONEER 1.797.39 Check Number 53405 53405 POWERCLEAN COMPANY INC. lO-Mar-97 POWERCLEAN COMPAiJY INC Totals Check Number 53405 POWERCLEAN COMPANY INC, Check Number 53406 RITZ CAMERA 53406 53406 lO-Mar-97 lO-Mar-97 RITZ CA!4ERA RITZ CAMERA Totals Check Number 53406 RITZ CAMERA Check Number 53407 SENIOR COMMUNITY SERVICES 53407 lO-Kar-97 SENIOR COMMUNITY SERVICES Totals Check Number 53407 SENIOR COMMUNITY SERVICES Check Number 53408 SMITH. WILLIAM F. 53408 lO-Mar-97 SMITH. WILLIAM P. Totals Check Number 53408 SMITH. WILLIAM F. 1.693.35 1.693.35 FEB SERVICE 12.10 10.64 FILM PROCESSING FILM PROCESSING 22.74 3.305.00 3.305.00 1ST QTR 220.00 220.00 APPLICATION REFUND 'li 6 Mar 1397 Thu 2:15 PM Check Number Check Number 53409 Check Register City of Orono Page 8 Date Name 53409 SNYDER DRUG STORES lO-har-97 SNYDER DRUG STORES Totals Check Number 53409 SNYDER DRUG STORES Check Number 53410 SUBURBAN TIRE INC. 53410 lO-Mar-97 SUBURBAN TIRE INC. Total* Check Number 53410 SUBURBAN TIRE INC. Check Number 53411 HUUISPORT TRUCK CENTER 53411 lO-Mar-97 TRANSPORT TRUCK CENTER Totals Check Number 53411 TRANSPORT TRUCK CENTER Check Number 53412 TWIN CITIES SERVICE CENTER INC 53412 53412 53432 lO-Mar-97 lO-Mar-97 lO-Mar-97 TWIN CITIES SERVICE CENTER INC TWIN CITIES SERVICE CENTER INC TWIN CITIES SERVICE CENTER INC Totals Check Number 53412 twin cities service center in( Check Number 53413 UNIVERSITY EXTENSION 53413 lO-Mar-97 UNIVERSITY EXTENSION Totals Check Number 53413 UNIVERSITY EXTENSION Check Number 53414 UJUVERSITY OF MIN’NESOTA 53414 09-Jan-97 UNIVERSITY OF MINNESOTA Totals Check Number 53414 UNIVERSITY OF MINNESOTA Check Number 53415 UNUM LIFE INSURANCE 53415 53415 53415 53415 04-Mar-96 04-Mar-96 04-Mar>96 04-Mar-96 UNUM LIFE INSLTIANCE UNUM LIFE INSURANCE UNUM LIFE INSURANCE UNUM LIFE INSURANCE Totals Check Number 53415 UNUM LIFE INSURANCE Check Number 53416 US WEST COMMUNICATIONS 53416 53416 53416 53416 10-Mar- 7 24-Feb-97 24-Feb-97 24-Fcb-97 Totals Check Number US WEST COMMUNICATIONS US WEST COMMUNICATIONS US WEST COMMUNICATIONS •US WEST COMMUNICATIONS 53416 US WEST CO.MMUNICATIONS Transaction Amount 7.57 7.£7 833.76 833.76 93.11 93.11 61.71 61.71 123.42 246.84 345.00 345.00 40.00 40.00 0.85 3.61 1.55 419.89 425.90 304.78 29.59 12.68 698.66 Comments PHOTOS «425 TIRES #427 EXHAUST SYSTEM BATTERIES BATTERIES <RATTERIES GAPPA-RECISTRATION GAPPA-CITY ENGINEERS MARCH INSURANCE MARCH INSURANCE MARCH INSURANCE MARCH INSURANCE US WEST CHARGES US WEST CHARGES US WEST CHARGES US WEST CHARGES 6 Mar 1997 Thu 2:15 PM Check Register City of Orono Check Ni’nvber Date Name Check Number 53417 53417 M.D. LARSON COMPANIES LTD lO-Mar-97 W.D. LARSON COMPANIES LTD Totals Check Number 53417 W.D. LARSON COMPANIES LTD Check Number 53418 W.W. GRAINGER INC. 5341S lO-Mar-97 W.W. GRAINGER INC. Totals Check Number 53418 W.W. GRAINGER INC. Check Number 53419 WESTSIDE WHOLESALE TIRE 53419 lO-Mar-97 WESTSIDE WHOLESALE XIRE Totals Check Number 53419 WESTSIDE WHOLESALE TIRE Check Number 53420 WISCONSIN CENTER GUEST HOUSE 53420 lO-Mar-97 WISCONSIN CENTER GUEST HOUSE Totals Check Number 53420 WISCONSIN CENTER GUEST HOUSE Check Number 53421 WRIGHT HENNEPIN ELECTRIC 53421 lO-Kar-97 WRIGHT HENIIEPIN ELECTRIC Totals Check Number 53421 WRIGHT HENNEPIN ELECTRIC Check Number 53422 YOCUM OIL CO INC. 53422 lO-Mar-97 YOCUM OIL CO INC, Totals Check Number 53422 YOCUM OIL CO INC, Grand Total Transaction Amount 93.11 93.11 146.16 146.16 470.00 470.00 142.00 142.00 8.31 8.31 172.17 172.17 96.360.18 Page 9 Comments PIPE ASS^LY U*\ LS PUMP REPAIR PARTS 8710 TIRES QAPPA-LODGING SECURITY LIGITT FUEL OIL € Mar 1997 Thu 2:19 PM Check Register City o£ Orono Page 1 Check Number Date Name Transaction Amount Comments Check Number 53423 53423 ALL STAR ELECTRIC lG-Mar-97 ALL STAR ELECTRIC Totals Check Number 53423 I As STAR ELECTRIC 4.333.89 4.333.89 INSTALL OUTLETS • L.S.'S Grand Total 4.333.89 i AGENDA ORONO HRA MEETING SET FOR MONDAY, MARCH 10,1997 AT THE COMPLETION OF THE REGULAR BUSINESS ITEMS OF THE MARCH 10 CITY COUNCIL MEETING ROLL CALL 1.Resolution Requesting the Hennepin County HRA to Include the City of Orono in an Application for Below Market Interest Rate Mortgage Loans Through the Minnesota Housing Finance Agency 2.Resolution Requesting the Hennepin County HRA to Administer the Minnesota Housing Finance Agencj 's Home Improvement Loan Programs in Orono ADJOURNMENT I b '.V n • f:,' AGENDA C/^ ORONO HRA MEETING ^ SET FOR MONDAY, MARCH 10,1997 AT THE COMPLETION OF THE REGULAR BUSINESS ITEMS OF THE MARCH 10 CITY COUNCIL MEETING ROLL CALL 1. 2. Resolution Requesting the Hennepin County HRA to Include the City of Orono in an Application for Below Market Interest Rate Mortgage Loans Through the Minnesota Housing Finance Agency Resolution Requesting the Hennepin County HRA to Administer the Minnesota Housing Finance Agency's Home Improvement Loan Programs in Orono ADJOURNMENT REQUEST FOR HRA ACTION DATE: March 7, 1997 ITEM NO.: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: ___________________ Agenda Section: City Administrator's Report __________ Item Description: Resolution Requesting the Hennepin County HRA to Administer MHFA Home Improvement Loan Programs in the City____________________________________________________ The Hennepin County HRA administers a home improvement loan program that can be made available to Orono homeowners if the city HRA adopts a resolution requesting this. This home improvement loan program is available to those who do not meet the eligibility requi. aments of the CDBG housing rehabilitation loan program. COUNCIL ACTION REQUESTED: Motion to adopt a resolution requesting the Hennepin County HRA to administer the MHFA home improvement loan programs in the city of Orono. f L,. RESOLUTION REQUESTING THE HENNEPIN COUNTY HRA TO ADMINISTER THE MHFA HOME IMPROVEMENT LOAN PROGRAMS IN THE CITY OF ORONO WHEREAS, the Hennepin County Housing and Redevelopment Authority (HCHRA) is an approved lender for the Minnesota Housing Finance Agency (MHFA) Home Improvement Loan Programs, and WHEREAS, Eligible homeowners may apply and receive home improvement loans under the MHFA Home Improvement Loan Programs through the HCHRA, and WHEREAS, the HRA in and for the City of Orono wrould like to access these housing resources to meet the needs of its citizens. BE IT RESOLVED that in accordance with MSA 383B.77, Subdivision 2, the HRA in and for the City of Orono requests the Hennepin County Housing and Redevelopment Authority administer the MHFA Home Improvement Loan Programs in the City of Orono. Adopted at a meeting of the City of Orono HRA this 10th day of March, 1997. ATTEST: Dorothy M. Hallin, City Clerk REQUEST FOR HRA ACTION DATE; March 7, 1997 ITEM NO Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Resolution to Access Below Market Interest Rate Mortgage Loans for First Time Home Buyers Attachments: 1. Letter from the Hennepin County HRA Regarding a Program that Provides Below Market Interest Rate Mortgage Loans for Low and Moderate income First Time Home Buyers 2. Resolution Requesting the Hennepin County HRA to Include the City of Orono in an Application for the Below Market Interest Rate Mortgage Funds to the Minnesota Housing Finance Agency The Hennepin County HRA is submitting an application for below market interest rate mortgage loans for low and moderate income first time home buyers on behalf of all cities interested in the program. The amount of mortgage funds made available to the Hennepin County HRA is dependent upon the number of cities that participate. A city's participation in the first time home buye’’ mortgage application will be viewed as an effort to advance affordable housing, regardless if the mortgages are utilized within the specific city's borders. This will assist cities in the implementation of the Livable Communities Act. The city's participation requires the adoption of a resolution requesting the Hennepin County HRA to include the city in its application. COUNCIL ACTION REQUESTED: Motion to adopt a resolution requesting the Hennepin County HRA to include the city of Orono in its application for below market interest rate mortgage loan funds through the Minnesota Housing Finance Agency's Minnesota Cities Participation Program. i RESOLUTION REQUESTING PARTICIPATION IN AN APPLICATION TO THE MHFA FOR MINNESOTA CITY PARTICIPATION PROGRAM FUNDS WHEREAS, on January 3, 1997 the Minnesota Housing Finance Agency (MHFA) issued a request for proposals for the 1997 Minnesota City Participation Program (MCPP), and WHEREAS, through the MCPP, MHFA sells mortgage revenue bonds on behalf of cities to meet locally identified housing needs for low and moderate income first-time homebuyers, and WHEREAS, the HRA in and for the City of Orono would like to access these housing resources to meet the needs of its citizens, and WHEREAS, county housing and redevelopment authorities are eligible applicants for MCPP funds, BE IT RESOLVED that in accordance with MSA 383B.77, Subdivision 2. the HRA in and for the City of Orono requests the Hennepin County Housing and Redevelopment Authority include the City of Orono in an application for MCPP funds to MHFA. Adopted at a meeting of the City of Orono HRA this 10th day of March, 1997. ATTEST:Gabriel Jabbour, Chair Dorothy M. Hallin, City Clerk ' : f’ received F5B 6 1997 CITY OF ORONO L HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY A-2308 Government Center Minneapolis. Minnesota 55487-0238 6 12-348-6497 February 3,1997 Gabriel Jabbour Mayor City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mavor Jabbour: Last January the Hennepin Count>' Board of Commissioners met with suburban officials to discuss the County’s role in housing. One request, made by suburban officials, was for Hennepin County to seek funding under the Minnesota Housing Finance Agency (MHFA) first-time homebuyers mortgage program in order to maximize funds available to suburban Hennepin County residents. On January 16, the Hennepin Couny Housing and Redevelopment Authority (HCHRA) authorized staff to submit an application for the Minnesota Housing Finance Agency (MHFA) Minnesota City Participation Program. The HCHR-A application will be on behalf of all communities interested in the program that do not wish to submit an individual application for the mortgage funds. Under the Minnesota Cit>’ Participation Program, the MHFA sells mortgage revenue bonds on behalf of city and county housing authorities. The proceeds of these bonds provide below-market interest rate, mortgage loans for low and moderate-income first-time homebuyers. The ma,\imum purchase price for single-family homes under this program is $95,000. The loans are originated and processed by participating area lenders. The MHFA allocates mortgage funds under this program on a per capita basis. We estimate that a County application could result in an additional S3 million in mortgage funds available to residents in Hennepin County. Metropolitan Council staff has informed Hennepin County that a community’s participation in the County first-time homebuyer mortgage application will be viewed as an effort to advance affordable housing, regardless if the mortgages are utilized within the city borders. This will assist cities in the implement^.'iion of the Livable Communities Act. BOARD OF COMMISSIONERS MikeOpat Mark Stenglein Mark Andrew Peter McLaughlin Randy Johnson Mary Tambomino Penny Steele * h** I ;■ r Mayor Jabbour Page 2 We recognize the importance of homeownership for maintaining viable communities and urge all suburban communities to fully participate in this program, either through an individual municipal application or the HCHRA application. By doing so, the resources available for first-time homebuyers will be significantly e.xpanded for suburban Hennepin County residents. Information on the County ’s Minnesota City Participation Program application has been sent to all suburban county municipal staff. Please contact staff in the County ’s Office of Planning and Development (541-7080) if you have any questions. Hennepin County HRA Seventh District Commissioner cc: City Manager REQUEST FOR COUNCIL ACTION DATE; March 7, 1997 ITEM NO.; Department Approral; Name Ronald J. Moorse Title City Administrator Administrator Reviewed; ■M Agenda Section; Administration Item Description: Park Commission Candidate Interviews The City currently has two vacant positions on the Park Commission. The City has received applications from thirteen residents interested in serving on the Park Commission. Letters were sent to all of the candidates requesting them to contact the City to schedule a specific interview time at the March 10 Council meeting. As of noon on Friday, March 7, seven candidates have been scheduled for interviews. Their applications are attached along with a set of interview questions and rating forms. Three candidates have indicated they are not available on March 10 but would like to schedule an interview at another time. These are: Rick Stoddard, Greg Ehalt and James Berg. Three of the candidates did not respond to schedule an interview. information 1 4. ITEMS COUNCIL MEETING OCXJNCILMEETINQ mar 10 W9T cnvoFonoNO OF .• I ■ r • 1 Marche, 1997 4:00 PM From: AMM Fax#: 281-1299 Pago 2 of 2 Assodation of Metropolitan Munkipalitiet BULLETIN DATE: Marche, 1997 TO: Legislative Contacts City Adnuiustrators Managers Board of Directors FROM: .AMM Staff LEVY LIMITS & PROPERTY TAX REFORM: ACTION NEEDED! .Almost daily, either in the neuspaper or a legislatn e bill introduction, some mention is made about curbing the ability of city and county le\y increases after reform It is almost a foregone conclusion that some type of reform will occur this year that will reduce education fur.ding reliance on property tax Tlie problem is that many, possibh' a majority of the legislators, are afraid that cities and counties will use tiro opportimity to increase their share of property ta.x and le\y back tlie reduced gap. Historically and statistically, cities can make the case that they ha\ e been fiscally responsible. Citt' spending adjusted for inflation is almost flat on a per capita basis and the number of cin* employees per capita is down o\ er the past decade Cities statistically ha\ e been much more prudent tlian schools, counties or tlie state. Tho .AMM and other city lobbyist organizations are doing e^•er^1lling we can to inform legisla tors and convince them that cities are not tlie problem, tliat city officials are not irresponsible spenders and that a return to le\y limits is uiuiecessaiy. WE NEED YOUR HELP! Many of you meet with and talk to your legislators. Please, make contact over the ne.xt few weeks and do what you can to com ince s our legislators that le\y limits, referenda for an>' le\y increase or freezes are not warranted .Show them tliat you ha\‘e been responsible. Show them diat any budget increase has been justified tluough wage and goods inflation, increased popula tion or increased economic des elopment. Legislators need to hear from you on tliis issue. They need to relate to local conditions If you want any background data, don’t hesitate to call Roger Peterson at 215-4000. 0\ er tlie next few weeks, we will continue to proside updates on the issue of property tax reform and lesy limits 145 UniwityAvaiuf West iaint Paul. Minnesota 5510J-2044 (612) 215-4000 Fax; 2^11299 MAR 07 '97 10:01AM LEAGUE OF MM CITIES P.l cf Mhftatoia Ctbif§ pwmoHft^ CMCcUmcj FRID AY Fax A weekly legislative update from the League of Minnesota Cities Vol. 3. No. 1 March 7,1997 When Is reform not reform? Levy limits gaining momentum Three weeks ago, the Friday- Fax warned you that many legisla tors were looking at levy limits. The good news is that no levy limits have yet been enacted by the Legislature. The bad news is that there are more than two months left in the session, and momentum for some form of local levy restriction is arowina. There are rumors that there is bipartisan support for levy limits or referenda requirements in both the House and Senate. The push for levy limits may be an indication that the Legislature is unable to agree on a true reform proposal. In addition, the Governor released information on his prop erty tax reform proposal, which would require voter approyaljor levy increases abovelnfiation. The proposal would also make the school property tax a state educa tion property tax, reduce business and apartment class rates, insti tute a new homestead credit program, create a new 'Iruth in budgeting" process, and phase out the $320 million LGA base and shift those funds to schools. The rationale for levy restric tions fails under scrutiny. The push for levy limits is driven by the belief that if the state takes over more school funding to relieve the property tax burden, cities and counties will quickly levy back all the initial savings to taxpayers. This ignores the fact that nearty two-thirds of the growth in the property tax since 1990 has been in school levies, while counties and cities account for 26 and 10 percent of the growth, respectively, taking more school funding off the property tax will do more to decrease property tax growth than imposing levy limits on other local governments. City and county property taxes have increased since 1990. But in both cases, stagnant stale aids have increased local reliance on property taxes as a revenue source. The per capita revenue base (levies and state aids) has not kept up with inflation since 1990 for either cities or counties. The coming weeks will see a lot of action on property tax is sues. Senator Sandra Pappas (DFL-St. Paul), chair of the Senate Property Tax and Local Govern ment Budget Division, will hold hearings all month on various aspects of tax reform. On March 12 the division will hold a meeting at 4:30 p.m. to discuss reform of the classification system. On March 19 at 4 p.m. they will discuss the LGA and HACA programs. The meetings will be held in Room 15 of the Capitol. A major reform proposal is expected soon from Senator Doug Johnson (DFL-Cook) and Repre sentative Dee Long (DFL-Minne- apolis)-the two tax chairs. An other was released this week from Senator Steve Novak (DFL-New Brighton). With the Governor in the debate, the discussion and struggle for consensus v^ill inten sify. Moratorium proposed A bill introducd this week would place a moratorium on new grants and payments on existing grants, loans,TIF, tax waivers, and tax deductions for economic development, new expenditures for economic development, and financial assistance for the con struction or rebuilding of a profes sional sports stadium. This mora torium would apply to all state agencies and local units of gov ernment until the department of trade and economic development meets certain reporting require ments on the effect of such incentives on wage levels and job creation. S.F. 949 Is authored by Sena tors Pat Piper (DFL-Austin), Becky Lourey (DFL- Kerrick). and Ellen Anderson (DPL-St. Paul). The companion bill, H.F. 1192, is authored by Representatives Rob Leighton (DFL-Austin), Tom Rukavina (DFL-Virginia), Matt Entenza (DFL-St. Paul). Luanne Koskinen (DFL-Coon Rapids), and Kevin Knight (R-Bloomington.) The bill has been referred to the Senate Jobs, Energy & Com munity Development Committee and the House Economic and International Trade Committee. No hearings have been scheduled at this time. We urge you to contact your senators and representatives regarding the potential impact of such a moratorium on your com munity. D06n In scnooi iGvicwi wiiiiw TZ^orc information entity UftUlativt i»ues. contact any mmber of the League of Minnesota Cities InursovernmeniatReladonx team. GITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 Dr. Thomas Mich Orono Schools 685 Old Crystal Bay Road Long Lake, Minnesota 55356 Dear Dr. Mich: This letter is to provide an update on the status of sewer capacity to serve the "Highway 12 development area" which includes the propert}' owned by the Orono Schools adjacent to Old Crystal Bay Road. The capacity of the existing sewer trunk line, shared by the cities of Orono and Long Lake, which currently serves the Highway 12 development area, is not adequate to serve future development in the area. The city of Orono has planned to expand the sewer capacity to meet the needs created by new development. Specifically, the city had planned a sewer expansion project for 1997. However, the Minnesota Department of Transportation (Mn/DOT) Highway 12 corridor decision process has caused the city to put the sewer expansion project on hold at this point. The current proposal for the upgrade of Highway 12 involves the excavation of the area in which the existing sewer trunk line serving the Highway 12 development area is located. If the city were to move ahead with an expansion of this trunk line at this time; the new line, with a cost of approximately $600,000, would have to be replaced as part of the Highway 12 upgrade project in approximately 5 years. If the city delays the sewer expansion project until the Highway 12 project is being constructed; Mn/DOT has indicated it will pay all costs of the sewer expansion project, with the exception of the incremental costs of the larger pipe necessary to increase the capacity of the line. By delaying the sewer expansion project, the $600,000 cost of the project is only expended once rather than twice, and the bulk of the cost will be borne by Mn/DOT as part of the Highway 12 project. There is another alternative for the expansion of sewer capacity that has been discussed, but Tdephone (612) 473-7357 • FAX 473-0510 Dr. Thomas Mich March 3,1997 page 2 of2 has not been selected due to its high costs. This is the installation of a sewer trunk line down Old Crystal Bay Road to the Metro lift station at the former Orono sewer plant property. The cost of this project is approximately $900,000, all of which would be borne by the city. Given the alternatives, plans for a major sewer expansion project to serve the Highway 12 development area are currently on hold. The city has not had information about the extent or timing of the Orono Schools' building program, so that it is not clear what impact a delay in providing increased sewer capacity will have on the School District's plans. The current amount of available sewer capacity is substantially less than the 75 units the school district had indicated were needed for its building program. Orono plans to work with the city of Long Lake to determine if there are any joint efforts the cities could undertake to create additional capacity in the shared sewer trunk line during this interim time prior to the Highway 12 upgrade. These could include efforts to reduce the amount of stormwater entering the sanitary sewer system, rerouting of sewer flows, and a partial trunk line expansion. However, at this time a major capacity expansion project is not planned until the year 2001 or 2002. If you have any questions regarding current or planned sewer capacity please call me. City Administrator