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04-14-1997 Council Packet
AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 14, 1997, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL 1.CONSENT AGENDA I ij i /5 APPROVAL OF MINUTES *2. Regular Meeting of March 24, 1997 *3. Special Meeting of March 31, 1997 *4. Special Meeting of April 1. 1997 9 y PARK COMMISSION COMMENTS - PLANNING COMMISSION COMMENTS - Dale Lindquist Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 5.^2204 Jr.iiiwS G. Fullerton III, Request for Preliminary Subdivision Approval and Issuance of Conditional Use Permit - Resolution 6.ff22l2 Sidney & Barbara Rebers, 2080 Wayzata Boulevard - Preliminary Subdivision Approval - Resolution 7.ff2224 City of Orono, 2080/2160/2190 Wayzata Boulevard - Rezoning Ordinance Adoption 8.Home Occupation Licenses MAYOR/COUNCIL REPORT yi' 9.Planning Commission Reappointments ENGINEER REPORT /V10.Quotation for Navarre Well #2 Repair CITY ADMINISTRATOR'S REPORT 11.Valek Request to Vacate Right-of-Way and to Acquire a Portion of a Tax Forfeit Parcel 12.Discussion of Project Funding for North Long Lake Sewer Project and Scheduling of Assessment Hearing - Resolution 13.Playground Equipment Upgrade for Antoine Park 14.Demolition of Buildings in Antoine Park /•I5.Employment of Part-Time Police Officer - Resolution /16.Appointment of Temporary Employees for Orono Golf Course /17.Budget Adjustments .A' 18.Special Event Permit - Bass Tournament - DNR Access Maxwell Bay I AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 14, 1997, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY'S REPORT 19. Harbor Limits Ordinance (*20.)LICENSES (♦21.)BILLS UPCOMING ISSUES AND EVENTS 04/14 04/21 04/23 04/26 04/28 05/02 05/05 05/10 05/12 05/19 05/22 05/26 05/27 Council meeting 7:00 p.m. Planning Commission 7:00 p.m. Board of Review 7:00 p.m. Orono Cleanup Day 8 a.m.-2 p.m. Council meeting 7:00 p.m. Mn/DOT Highway 12 Stormwater Planning Park Commission 7:15 Orono Cleanup Day 8 a.m.- 2 p.m. (construction debris only) Council meeting 7:00 p.m. Planning Commission 7:00 p.m. Hennepin County Library Public Information meeting 7:00 p.m. HOLIDAY Memorial Day observed TUESDAY - Council meeting 7:00 p.m. Public A ttendance Meeting D ate hT^ii- 4; E[ C ouncil Planning C ommission Park C ommission Other Please fill out the information REQUESTED BELOW FOR OUR CITY RECORDS. ‘ ' NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. Rulior^- i c:i y C 0>fX 2 ¥^{ i f V A/r S T pi ' .J};-.,. si lb { ^Viul l/'jj(cluh (%')( C^hLJh J' a •I'l' ^4. nuc.hftlli^ Aivliy- 6u/^l(hK\ fa 6. gcCf ;\e(-l Tr T.-, rU><(j 1V«^V V 6 1. fkcc( ,_ Ay^^.L roC..^ C^y^C<nL^ fy' /7v^___(J_ 7.-/t/iA ^ PcCfc ^T7v/n S / /9VS crn 10. 11. 12.. 13. 14. 15. 091395.4 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24,1997 ROLL ^PR 1 4 The Council met on the above mentioned date with the following members pres^l^layor Gabriel Jabbour, Council Members J. Diann Goetten, Barbara Peterson and Richard Flint. CoWd3l%)^her Charles Kelley was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, Planner/Zoning Administrator Elizabeth VanZomeren, Public Services Director Greg Gappa, City Engineer Glenn Cook and City Clerk Dorothy Hallin. Mayor Jabbour called the meeting to order at 7:00 p.m. (# 1.) JIM DANIELS, CABLE ADMINISTRATOR - RESOLUTION #3859 Jim Daniels Cable Administrator and Commissioner Tim Pattrin were present. Daniels stated the cable commission has been following the Federal Telecommunications Act of 1996 due to its impact on cable services. The commission would like to amend the agreement between the cities and the cable commission with the Council's adoption of a proposed resolution to expand the function of the Lake Minnetonka Communications Commission to include placing the LMCC into an advisor)’ capacity to the cities to provide information and make recommendations to the city councils regarding the full range of communications ser\ ices. Jabbour stated Orono may have a different philosophy on conunumcations issues than the other cities in the group. Daniels stated the Conunission would be in an advisory role only. Goetten asked about costs and changes within the Commission itself. Daniels stated he did not anticipate any changes or additional costs because the Commission will be following the Federal Telecommunications Act even if the cities do not amend the agreement. Peterson inquired as to what the Board specifically w'ould advise the city on. Commissioner Pattrin stated it could be regarding Personal Communication Services (PCS) or the internet. Daniels reiterated this would be in an advisory capacity only. Radio stated he w’ould be able to provide legal advice to the city regarding telecommunications issues. Moorse stated Orono could benefit from work by the commission, and from working cooperatively with the commission. He did not see the need to change the joint powers agreement, but neither did he see a problem with the change. Jabbour stated the city is grateful for the work the commission has been d^'ing. Flint moved, Goetten seconded, to approve Resolution No. 3859 Regarding Amendment to the Joint and Cooperative Agreement. Vote: Ayes 4, Nays 0. 1 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24,1997 (# 2.) PARK COMMISSION APPLICANT INTERVIEWS Moorse stated James Berg has withdrawn his name as a candidate for Park Commission so three candidates were present tonight for interviews. Candidate, Greg Ehalt, stated he has lived in Orono for 35 years. He stated he had worked with the Orono Lions to help purchase the Orono Golf Course years ago and worked to see the Luce Line Trail completed. His children have been raised in Orono, and have gone through the Orono School system. He would like to give something back to th** "'ommunity. He has the time to commit to the Park Commission. Ehalt stated Bederwood Park is a very nice park and considers the trail system, especially the planned connection to Baker Park, very good. Ehalt stated conflicts between neighbors and users of the park facilities should be solved through compromise and open meetings should be held in order to reach a compromise. He noted you can not make everyone happy. Candidate, Richard Stoddart, stated he is a two year resident with two small children. The Stoddarts moved to Orono from the Chicago area and are very impressed with the open spaces. He would like to give something back to the community. Stoddart stated disputes regarding park users and neighbors of the park should involve compromise to serve the needs of the neighbors and the park users. He would like to see different types of parks because there are dif'erent needs by residents. There needs to be a balance between passive and active. Candidate, Jon Pendleton, stated he has lived in Orono for appro.ximately 3 1/2 years and applied for appointment to the Park Commission in 1996. He and his family use Orono parks and would like to see better access from the west end of Orono to the parks. He has attended one Park Commission meeting and has scanned the Comprehensive Plan. Pendleton stated conflicts with park users and neighbors of the park should be resolved between the park u.sers by time of usage or other compromise, stating children need these types of activities. Mayor Jabbour thanked each applicant and stated there were 12 applicants for 2 vacant positions on the Park Commission. Council will make their appointments at the 2nd Council meeting in April. (# 3.) CONSENT AGENDA Peterson added items U12, 13, 14, 16, 17, 18, and 19 to the consent agenda. Goetten added items #5 and 8 to the consent agenda. ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24,1997 (#3 - CONSENT AGENDA Continued) Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote; Ayes 4, Nays 0. APPROVAL OF MINUTES (*# 4.)REGULAR MEETING OF MARCH 10,1997 Goetten moved, Peterson seconded, to approve the Minutes of the Regular Meeting of March 10, 1997. Vote: Ayes 4, Nays 0. (*# 5.)HRA meeting of march 10,1997 Goetten moved, Peterson seconded, to approve the Minutes of the I IRA Meeting of March 10,1997. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS Commissioner Isle stated she and the Commission appreciated working with Greg and Liz and were looking forward to the appointment of two new members for the May meeting of the Park Commission. PLANNING COMMISSION COMMENTS Commissioner Berg had no comments at this time. #• PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR’S REPORT (*# 6.)#2212 JIM ZIMMERMAN, 2745 SHADYWOOD ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 3860 Goetten moved, Peterson seconded, to adopt Resolution No. 3860. Vote: Ayes 4, Nays 0. {U 7.) ##2218 JYLAND DEVELOPMENT INC, 1185 HUNTER DRIVE - PRELIMINARY SUBDIVISION III - RESOLUTION NO. 3861 Bob Carlson and Mark Gronberg were present for this item. Van Zomeren stated this was an application for a preliminary subdivision of four lots within the RR-IB District. The Planning Commission has recommended unanimous approval of the preliminary plat as submitted and the ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24,1997 (#7 - #2218 Jyland Development Inc. - Continued) Park Commission will review this application at their April 7, 1997 meeting. The applicant had requested preliminary approval by the Council prior to the Park Commission's review. Council members were concerned about the wording of the park fees to be paid by the applicant. City Attorney Radio suggested amending the proposed Resolution paragraph 4 to read: Applicants shall pay the standard park fees for lots 1,2, 3, and 4 per the current Park Fee Ordinance; subject, however, to the review and recommendation of the Park Commission regarding dedication of any land in lieu of a cash contribution. Should the Park Commission recommend a land dedication, which is then approved by the City Council as part of the final plat approval process, the developer will receive a credit for the land dedication as per the Park Fee Ordinance. Goetten moved, Peterson seconded, to adopt Resolution No. 3861 A Resolution Granting Preliminary Approval for a Plat at 1185 Hunter Drive amended as per the wording of the City Attorney. Vote: Ayes 4, Nays 0. (*# 8) #2219 PENNY SAIKI, 2874 CASCO POINT RO^VD - VARIANCE - RESOLUTION NO. 3862 Goetten moved, Peterson seconded, to adopt Resolution No. 3862 A Resolution Granting Variances to Municipal Zoning Code Section 10.25, Subdivision 6 and Section 10.03, Subdivision 9. Vote: Ayes 4, Nays 0. (# 9.) #2220 WILLIAM AND KAREN PETERS, 1950 CONCORDIA STREET - VARIANCE - RESOLUTION NO. 3863 William Peters was present. Van Zomcren reviewed the application stating the applicant was requesting a height variance and an average lakeshorc setback variance in order to construct a new residence on a vacant lot. It was noted the applicant has reduced the original height of the proposed observatory by using a different constniction method which lowers the proposed height. Van Zomeren e.xplaincd how the definition of building height is addressed in the code. Council had concerns regarding the height of the building and the impact it would have as viewed from the lake. Peterson asked if there was someway to eliminate the need for a r4" height variance. Radio suggested to Council the proposed resolution be amended to state the applicant will work with staff to reduce the building height as much as possible. Gotten moved, Jabbour seconded, to adopt Resolution No. 3863 A Resolution Granting Variances to Municipal Zoning Code Section 10.22, Subdivision 1(B) and Section 10.25, Subdivision 6 as am.cndcd. Vote: Ayes 4, Nays 0. (# 10) LAKE MINNETONKA BIG ISLAND VET'S CAMP - CONDITIONAL USE PERMIT A.MENDMENT - RESOLUTION NO. 3864 Van Zomeren stated the applicant is requesting permission to move an e.xisting cabin from the north 1 1I L,....... ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24,1997 (#10 - Lake Minnetonka Big Island Vet's Camp - Continued) side of the island to the boat docking area on the south side of the island. The cabin would be upgraded to function as an administrative/greeting location for visitors to the camp. The applicant will submit a certified survey indicating that the relocated cabin is not within the 0-75' setback from the shoreline and the cabin will be upgraded to meet all applicable Building Code requirements. Jabbour moved, Peterson seconded, to adopt Resolution No. 3864 A Resolution Granting an Amendment to a Conditional Use Permit per Municipal Zoning Code Section 10.31, Subdivision 3 (D). Vote: Ayes 4, Nays 0. (*#11.)1997 JOINT USE DOCK LICENSES - RESOLUTIONS NO. 3865 - 3874 Goetten moved, Peterson seconded, to adopt 1997 Joint Use Dock Licenses for; Big Island Inc. - Resolution No. 3865 Big Island Vets Camp - Resolution No. 3866 Forest Arms Homeowners Association - Resolution No. 3867 Foxhill Homeowners Association - Resolution No. 3868 Minnetonka Power Squadron - Resolution No. 3869 Navarre Cove Homeowners Association - Resolution No. 3870 Nelson/Gage/Carlson - Resolution No. 3871 Pheasant Lawn Homeowners Association - Resolution No. 3872 Sandy Beach - Resolution No. 3873 Walters Port Homeowners Association - Resolution No. 3874 Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Mayor Jabbour announced that theic will be a Highway 12 Design Review Committee meeting on April 2 stating he will not be able to attend this meeting. He directed Staff to send a letter to residents in the Highway 12 corridor notifying them ot the design review process, and asking that neighborhoods select a representative to serve as a liaison concerning the design review process. Jabbour also suggested the city consider how much of the city will have municipal sewer in the years 2020-2050. Jabbour stated there will be a meeting of the Mayors of the contract police cities on Thursday, March 27, 1997. Flint stated he will not be able to attend the special council meeting April 1, 1997 regarding the County Road 1 5 roadway improvement project. He stated he is convinced that the improvement project should be completed. Flint also stated he has concerns regarding the Spring Hill Golf Course application. He would like Council to look at the big picture. He feels issues are not being looked at such as; the entrance off M ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24,1997 (MAYOR/COUNCIL REPORT Continued) County Road 6 or Spring Hill Road, the Big Woods, and bike/hike trails. Planning Commissioner Berg stated there will be a Planning Commission work session concerning the golf course proposal which will start with a site inspection, then continue in the Council Chambers. Goetten noted there is a lot of misinformation regarding the proposed golf course, stating in the last issue of the Lakeshore Weekly an article had incorrect information. John Costello, Lakeshore Weekly reporter, stated that someone should call the editor of the paper if something is wrong. ENGINEER REPORT (*#12.)REJECT BIDS - LIFT STATION U6 RENOVATION Goetten moved, Peterson seconded, to reject the bids for this project and to bid the project as part of the Long Lake sewer and Ice Arena sewer and water projects. Vote: Ayes 4, Nays 0. ’ (*UU) APPROVE PLANS AND SPECIFICATIONS ADVERTISE FOR BIDS FOR THE NORTH LONG LAKE SEWER PROJECT, THE ICE ARENA SEWER AND WATER PROJECT, AND LIFT STATION #6 REHABILITATION COMBINED PROJECT - RESOLUTION NO. 3875 Goetten moved, Peterson seconded, to adopt Resolution No. 3875, A Resolution Approving Plans and Specifications and Ordering Advertisement For Bids. Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT (*#14) EXTENSION OF THE TELECOMMUNICATIONS TOWERS & ANTENNAS MORATORIUM - ORDINANCE NO. 156, SECOND SERIES Goetten moved, Peterson seconded, to adopt Ordinance No. 156, Second Scries, An Ordinance Extending an Interim Moratorium on the Granting of Building Permits, Land Subdivisions, Rezoning Applications, Conditional or Special Use Permits, Variances or Other Authority Relating to the Siting of Wireless Telccormnunications Facilities and Structures in all Zoning District in the City of Orono Vote: Ayes 4, Nays 0. ( #15) WESTONKA SENIOR CENTER Moorse stated this item was tabled at the March 10 Council meeting in order to obtain more information regarding Orono resident's participation in the Westonka Senior Center. Ben Withart, Executive Director of Senior Community Services, has provided the following information regarding I ^ r*-.- ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24,1997 (#15 - Westonka Senior Center Continued) Orono residents use in 1996; A.) 80 Orono residents are members of the Westonka Senior Center, B.) 42 Orono residents were involved in the dining program, the tax program, and/or the defensive driving program. C.) 21 Orono residents were sened by outreach services, D.) 21 Orono residents were served by Westonka rides, and E.) 4 Orono residents were involved in craft sales. Moorse stated the highest use of the Senior Center is by residents of Mound. This is due both to the larger population and the demographics of the population. Orono’s population is significantly younger and therefore the use of the Senior Center both now and in the future will be lower by Orono residents. Jabbour asked if Orono’s portion of funding for the new building to house the Westonka Senior Center could come from the C.D.B.G. funds. Moorse stated the city must now compete with other cities to receive C.D.B.G. funding but Orono might be able to get a grant from C.D.B.G. for furnishings for the Westonka Senior Center. It was noted the city does budget money for funding of the operations of the Westonka Senior Center. Council directed Staff to research grant money from C.D.B.G. funds for Orono's contribution to the cost of constructing a new building to house the Westonka Senior Center. (*#16) REQUEST TO HOLD AUCTION TO DISPOSE OF OBSOLETE EQUIPMENT, SEIZED AND ABANDONED PROPERTY Goetten moved, Peterson seconded, to approve the request to conduct an auction of obsolete equipment, seized and abandoned property and vehicles on May 3, 1997. Vote: Ayes 4, Nays 0. (*#17) 1992 CONSTRUCTION FUND CLOSE OUT - RESOLUTION NO. 3876 Goetten moved, Peterson seconded, to adopt Resolution No. 3876, A Resolution to Close the 1992 Stubbs Bay Sewer Construction Fund to the 1992 Improvement Bond Debt Service Fund as of December 31, 1996. Ayes 4, Nays 0. (*#18) UNAUDITED 1996 YEAR-END REVENUE AND EXPENDITURE REPORT No action required by Council this was information only. (*#19) INVESTMENT REPORT - YEAR ENDED DECEMBER 31, 1996 No action required by Council this was information only. CITY ATTORNEY’S REPORT ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 24,1997 (CITY ATTORNEY'S REPORT Continued) ( #20) HARBOR LIMITS ORDINANCE Radio stated he has been working on a harbor limits ordinance but wants to do another draft before presenting it to the Council for their comments. Jabbour stated he would like the city to be proactive not reactive on this issue. (*#21.)LICENSES Goetten moved, Peterson seconded, to approve the following Licenses: Vote: Ayes 4, Nays 0. Set-Up License Don Scherven Navarre Lanes 3435 Shoreline Drive Garbage & Refuse Collector's License (new owner - formerly R & W Sanitation) Veit Container Corp dba Veit Disposal Systems Rogers 55374 (*#22) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. Mayor Jabbour requested the Council enter into executive session at 8:59 p.m. ATTEST:Gabriel Jabbour, Mayor Dorothy M. Hallin, City Clerk 8 MINUTES OF THE SPECIAL COUNCIL MEETING HELD MARCH 31,1997 f°^»«E71NQ i 4 J997 riTx, The Orono City Council met on the above date with the following members present: Mayor Gabriel Jabbour, Councilmembers J. Diann Goetten, Barbara Peterson and Charles Kelley. Councilmember Richard Flint was absent. The following represented City staff: City Administrator Ron Moorse, Assistant Planning and Zoning Administrator Michael Gaffron, Director of Public Services Greg Gappa and Recorder Carole Haseman. The meeting was called to order by Mayor Jabbour at 8:00 a.m. Mayor Jabbour stated this was a special Council meeting regarding a public hearing for the City to 1 resolution to request a natural and scenic area grant from the Department of Nati'ial Resources (DNi^) to obtain three parcels of land in the Saga Hill area. Moorse explained this was a grant application to purchase three parcels (two on the north and one in the south end) of the Saga Hill natural area. It has come about as part of discussions regarding the impact of Garden Lane right-of-way on the existing natural area if used as access to parcels to the north. The owners of Parcels 1,2 and 3 have indicated any sale must include all three parcels. Mayor Jabbour noted if the property was obtained by the neighborhood through the grant, that DNR restrictions would apply. Moorse stated the property would have substantial restrictions in that it would be a natural area and used for trails and passive recreation purposes. Goetten inquired as to the status of Parcel 3. Moorse explained that Parcel 3 could serve as an entrance to the natural area and park land. Goetten also asked about Highview Lane. Moorse replied that Highview Lane could be vacated. Goetten pointed out she did not approve of purchasing unneeded property. She inquired as to the total price. Irene Silber, a Saga Hill resident who is working on the grant application, stated the total price for all three parcels was $210,000. Renee Leone, Executive Director of Minnesota Land Trust, presented an independent appraisal indicating the market value. 1 A -J MINUTES OF THE SPECIAL COUNCIL MEETING HELD MARCH 31,1997 Kelley stated if the parcels were purchased, they would be combined. He also noted the ta,x forfeited parcel would have a separate PID and no restrictions would apply. Mayor Jabbour said he spoke to the Park Board regarding their long-range priorities for future land acquisitions and if they had any objection to using grant funding at this time. The Park Commission is supportive of the grant application. Moorse pointed out that the Park Commission has identified a 7 or 8 acre parcel in Navarre for possible acquisition. The land is the only remaining undeveloped property within the Navarre area. Mayor Jabbour stated the need to evaluate funding resources for the future. Kelley stated the park boundaries need to be ‘Jentified for future users to prevent problems associated with the public wandering onto private property. Mayor Jabbour opened the public hearing and asked for public comments. Irene Silber, 4625 West Branch Road, stated she appreciates the City's support but that there is no guarantee the neighborhood will be able to raise the funds. The grant provides an option for matching funds on a 1:1 basis. Chris Mogart, 1003 Wildhurst Trail, stated he is not in favor of acquiring more park land. In the past, he has seen problems with kids drinking and partying in the area. Cross-country skiers and nature hikers also trespass upon the local property owners' land. They arc taking advantage of something that is not theirs. Mayor Jabbour responded the City takes pride in open spaces but that does not mean at Mr. Mogait's expense. Boundary markings need to be identified and more police enforcement will be provided if needed for the area. The City respects property rights and wants to assist. Shirley Bull. 4690 Tonkaview Lane, supports the grant. She has seen a substantial reduction in problem usage within the area in recent years. Both the Orono and Mound Police Departments have always been responsive to complaints. It was moved by Goeltcn, seconded by Kelley, to adopt Resolution No. 3877 aitthorizing the Natural and Scenic Area grant application, including authorizing the City Administrator to sign the list of compliances. Vote: 4 ayes, 0 nays. MINUTES OF THE SPECIAL COUNCIL MEETING HELD MARCH 31,1997 ADJOURNMENT The meeting adjourned at 8:27 a.m. J. Diann Goetten, Acting Mayor uapkAariAf• f<i^TTinrniwiiii II r-iCrji'iri r ^rrr.—rm-. -:'*r,-rTr-.-=Tf2li-r T-— : ROLL MINUTES OF THE SPECIAL COUNCIL MEETINCCOUNCIL MEEnil^ HELD APRIL 1, 1997 ' __________________________________________APR 1 4 IQQ7 CITYOFORONO The Orono City Council met on the above date with ♦he following members present: Mayor Gabriel Jabbour, Councilmembers J. Diann Goetten, Barbara Peterson and Charles Kelley. Councilmember Richard Flint was absent. The following represented City staff: City Administrator Ron Moorse, Assistant Planning and Zoning Administrator Michael Gaffron, Director of Public Services Greg Gappa and Recorder Lin Vee. The meeting was called to order by Mayor Jabbour at 8:00 a.m. ZONING ADMINISTRATOR’S REPORT (#1) #2202 HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION - COUNTY ROAD 15 RECONSTRUCTION - VARIANCE/CONDITIONAL USE PERMIT - RESOLUTION NO. 3878 Jabbour reported that the application is for variances and a conditional use permit for the alteration of existing wetlands and the filling of City protected wetlands as part of the reconstruction of County Road 15. Council had delayed action on this application until after the EAW process was complete. Moorse noted the City has now received the results of the EAW and Record of Decision, which indicated no need for an EIS. Kelley moved, Peterson seconded, to adopt Resolution No. 3878 granting variances for filling of wetlands and floodplain areas, and granting a conditional use permit for land alteration, for Hennepin County Department of Public Works for tlie County Road 15 Improvement Project. Vote: 3 Ayes, 1 Nay. Goetten opposed. Hennepin County noted a bid letting date has been set for May 13,1997 with construction to begin in August and continuing into 1998. CITY ADMINISTRATOR’S REPORT (#2) COUNTY ROAD 6 RECONSTRUCTION PROJECT - REVIEW OF APPROVED LAYOUT Moorse reported that the current layout for County Road 6 reconstruction minimizes the overall impact of the project. He noted a letter from the Hannings of 4220 County Road 6 had been received expressing concern about the proposed alignment. MINUTES OF THE SPECIAL COUNCIL MEETING HELD APRIL 1,1997 Steve Theis from Hennepin County explained that County staff had been requested by Council to make minor alignment adjustments to reduce the impacts to adjacent property owners. Theis distributed maps depicting Layout 02 and Layout 03 and the impact on property owners of each plan. Theis indicated the maximum distance the alignment was moved was 8.5 feet. Jabbour questioned the impact on the Larson property. Theis explained that not much movement had been done, just some "tweaking" to get the best layout with the least impact. A substantial amount of trees are still being taken. Hanning expressed two of her concerns: 1) the berm; and 2) if more of their land is taken, they wouldn't have a 5 acre buildable lot remaining for subdivision. She asked if the City would grandfather this property in as a buildable lot. Currently they have 14 acres and have had a survey done showing a possible subdivision into two lots. Gaffron could not confirm if a subdivision would be possible without knowing more about the property and the existing wetland. He questioned if the proposed lot line could be shifted to create a 5 acre lot. She was unsure if any more changes could be made as they have already moved the proposed lot line behind the bam. She commented that their property would cost the County a lot more if they could not subdivide in the future to have aii additional buildable lot. Jabbour cautioned Hanning about the need for variances if they were granted a subdivision with a substandard lot. Councilmembers agreed the intent of the City was not to prevent a legal subdivision but could not bind future Councils to the actions of the current Council. Hanning stated they were not planning to subdivide at this time and were not prepared to incur the costs of a subdivision application in addition to a park dedication fee and additional real estate taxes. Hanning noted they had discussions with the County regarding an additional curb cut to serv'e a second lot. The County would not approve a second curb cut so the existing driveway would be shared. Jabbour suggested the Hannings proceed with the subdivision process with the current Council as this Council would act favorably to a subdivision in the current situation. Hanning commented that they would then have two tax statements with increased value. Moorse suggested the first step is to further research the property and confirm the possibility of subdivision. Moorse also indicated staff will work with the City Attorney to determine if there is a way that the City could enter into an agreement with the Hannings regarding a future subdivision that would be binding on future councils. Goetten did not feel it was fair to force the Hannings to pursue a subdivision if they were not ready to do so. Jabbour suggested a preliminary subdivision where approval would be given and the Hannings could renew their application until they were ready to fomially subdivide. Kelley suggested the Hannings work with staff regarding ways to proceed. MINUTES OF THE SPECIAL COUNCIL MEETING HELD APRIL 1,1997 Hanning questioned the County filling in the wetland on the other side of their house. Polaczyk responded th'*L the County needs to obtain all the required permits and will have to follow regulations of various jurisdictions. For example, mitigation is required, and could occur on the same parcel if the property owner is agreeable and sufficient land is available. Hanning asked if the two pine trees in front of their house would be affected with the road reconstruction. Theis responded the trees would not be impacted. Hanning asked what the County does about replacing vegetation. Nolan responded that the County must always re-establish vegetation as part of erosion and sediment control. Hanning asked about the berm on Hunt Farm Road. Theis responded that the County had met with the Hunt Farm residents. The residents were concerned about the grade of their driveways and the County was working with them on that. Hanning questioned the elevation of the completed road. Theis responded that it would be very similar to the existing road. Jabbour asked if the road was designed to accept the Highway 12 improvements. Theis explained that the portion nearest the Highway 12 intersection may have to be reconstructed as the Highway 12 design is not available at this time and they could not predict what the specifications would be. Haiming asked what is happening to the two houses across the street from their property. She noted it looks as if they are not affected at all. Theis responded that because of the fixed radius of the curve, the minor realignment to somewhat reduce the substantial impact on the Larson property resulted in the elimination of impacts on the two properties across the roadway from the Hannings. Theis confirmed that construction would most likely begin in the spring of 1998. During the summer of 1997, permits will be obtained and other details finalized. Kelley referred to the memo from Ron Moorsc dated March 14, 1997 regarding the relocation of County Road 19. He strongly objects to the use of Townline Road. Hennepin County explained that County Road 19 in Independence is 1/2 mile east of County Road 110/83 and the goal is to have County roads one mile apart instead of 1/2 mile apart. County Road 19 extends through a significant part of the western suburbs with a jog in Maple Plain and Independence. Independence, Orono, Medina and Maple Plain are being asked to consider relocation of County Road 19 from the Highway 12 intersection to Townline Road (1/2 mile east), south to County Road 6 and possibly using the McCulley Road connection to County Road 6. One of the main reasons the relocation is being considered is that the intersection at Highway 12 and County Road 19 is very dangerous. i MINUTES OF THE SPECIAL COUNCIL MEETING HELD APRIL 1,1997 Jabbour asked if the proposed County Road 6 design works, assuming the cities would approve the concept. The County responded that two lanes would be available for eastbound traffic on County Road 6 at the Towmline intersection. Many designs could be engineered if the relocation concept was approved. Kelley noted that traffic is being pushed to the west, thus Independence is becoming more developed. Eventually a stoplight will be necessary if County Road 19 is extended to Townline Road and McCulley, and traffic is encouraged to use County Road 6 and 19. He felt tralTic counts would increase drastically from what was shown in the discussions for the County Road 6 improvement. This will also take additional land from residents. The County disagreed with Kelley's thoughts, noting capacity to handle future traffic growth has been included in Layout 03 for County Road 6 improvements. A traffic signal or stop sign would be generated by the communities requesting it. Typically, 700-800 traffic movements through an intersection in 4-8 hours or a severe interruption of traffic moving through an intersection may require a traffic signal. Kelley asked what the current traffic count is on County Road 19. That infomiation was not available at the meeting. Projected traffic counts may double over the next 20 vears. Jabbour noted the cost of moving County Road 19 would be in the millions considering bridge replacement. He asked why it has to be a straight road. He also questioned why so many accesses to Highway 12 are needed. Mn/DOT has been w'orking with Maple Plain to try to make the traffic from County Road 83 on the west to Townline Road on the east safer. Kelley feels stoplights will eventually be put at Townline Road and County Road 83 leaving Maple Plain with two stoplights and the same problems that exist in Long Lake. Nolan explained that the designation of Townline Road as a County highway would necessitate the passage of a resolution of concurrence from the four cities involved (Independence, Orono, Medina and Maple Plain) to relocate County Road 19. Kelley wants to be sure that Hennepin County understands that Orono will not approve a plan to use Townline Road as part of County Road 19. Goetten asked w'hen discussions about the relocation of County Road 19 would begin. Hennepin County stated informal discussions between the mayors of Maple Plain and Independence have already taken place with County Engineer Vem Genslinger. No design has been done at this time. If the communities involved indicate that they are favorable to the proposal, designs w'ould proceed. When the new mayor was elected in Maple Plain, discussions about adding a stoplight at County Road 83 were held. This generated hirther discussions about where County Road 19 should be and how ’ traffic can flow through Maple Plain. MINUTES OF THE SPECIAL COUNCIL MEETING HELD APRIL 1,1997 Jabbour agreed that traffic problems exist in Maple Plain at County Road 19 but suggested Hennepin County look at alternatives to using Townline Road as a solution. Kelley reiterated that he would not vote in favor of the County Road 6 project unless there was assurance that County Road 19 would not come down Towmline Road. He felt Orono would be taking the brunt of the north/south traffic by using Townline Road and both Maple Plain and Independence benefit by moving traffic to their eastern borders. The County Road 6 project was designed to handle east/west traffic. The approved County Road 6 design would not be appropriate if County Road 19 is relocated to Townline Road. Hanning expressed concern over increased traffic using County Road 6 if McCulley Road is used as part of a County Road 19 relocation. Nolan asked if it was the City's position that there is "no way" that Orono would approve relocation of County Road 19 to Towmline Road. Kelley agreed and suggested using County Road 110/83 as the north/south corridor. Goetten agreed there is a major problem with traffic at Highway 12 and County Road 19. However, the City has already spent a great deal of time working on the County Road 6 project to get the best possible design. She also felt there should be another way to move traffic through Maple Plain. Peterson eoneurred with Goetten and Kelley and would not favor the use of Townline Road as part of County Road 19. Jabbour stated he saw the relocation of County Road 19 as a quick and easy solution to the existing traffic problem, but this would be against Orono's policy and suggested the traffic burden be spread around. He reiterated that moving County Road 19 to Townline Road would not be well reeeived by Orono. Kelley noted that McCulley Road would not be built today because of the wetlands. It was originally constructed by the City of Orono to relieve the traffic from County Road 15. He felt if the County used MeCulley Road that they should reimburse the City for the cost of its original construction, plus the future value that the money could have earned, as compensation. Kelley also commended Theis and Polaezyk for the work they have done on the County Road 6 project to move traffie east and west. No motion is required regarding the County Road 6 projeet as the design has already been approved by Couneil. 1 4 MINUTES OF THE SPECIAL COUNCIL MEETING HELD APRIL 1,1997 Hanning voiced her displeasure with the City regarding a call she made to the City. She was told by the Public Works Director that no changes would be made in front of their property only to find out later that their property was affected. Hanning also requested that the speed limit remain at 40 m.p.h. as it is a residential street. It was noted that the street design and curve by Larson's will keep the speed limit at its present level. Theis commented that there is a historic study of bams being conducted at the Sweezo and Serena properties to determine if they are eligible for the National Historic Register. Jabbour urged the County to contact the owners as soon as possible to discuss their plans. (#3) HIGHWAY 12 DESIGN REVIEW COMMITTEE Jabbour explained that the City is being asked to participate in the Highw’ay 12 Design Review Committee and provide three or four members to serv'e on the committee. He recommended Ed Callahan, Ron Moorse, J. Diann Goetten and Jim Murphy. Representatives from Long Lake are the City Administrator, Tod Olson, Planning Commission Chair and a community representative. Goetten noted that Orono's representatives somewhat align with the Long Lake representatives. Jabbour emphasized that the City Council has the final approval for Orono of the design specifications and anyone is welcome to attend the design review committee meetings. Jabbour commented that as the design progresses, the City will have to decide if they want to be the agent to interact with the residents or if they want to leave that to Mn/DOT. He added that the City would have a greater interest in working with the residents to make the transition less painful. It was moved by Kelley, seconded by Peterson, to appoint Edward J. Callahan, Jr., J. Diann Goetten, Jim Murphy and Ronald Moorse to the Highway 12 Design Review Committee. Vote: 4 ayes, 0 nays. ADJOURNMENT The meeting adjourned at 9:48 a.m. Gabriel Jabbour, Mayor ““^(LMeetjnq REQUEST FOR COUNCIL ACTION APR 1 4 jgg^ DATE: ITEM NO: ^ m Department Approval: Name Elizabeth Van Zomcren C Title Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Administrator’s Report Item Description: #2204 James G. Fullerton, III, Request for Preliminary Subdivision Approval and Issuance of Conditional Use Permit - Resolution The preliminary subdivision and approval of the conditional use permit for James G. Fullerton, 3350/3400 Fox Street has been tabled since the February 24,1997 meeting because of the applicant’s concern about the park dedication fee. Exhibits • John B. Winston's April 3, 1997 letter • Planning Commission Minutes of 1/21/97 • City Council Minutes of 2/24/97 . Staff Report of 2/21/97 COUNCIL ACTION REQUESTED: Motion to approve the preliminaiy' plat and conditional use permit and amend resolution regarding tlie park dedication fee after the matter has been resolved. --—--- WINSTON LAW OFFICE 4420 IDS CENTER 80 SOUTH 8TH STREET MINNEAPOLIS, MINNESOTA 55402 TEL: (612)341-9800 FAX: (612)338-6351 JOHN B. WINSTON DIRECT: (612) 341-9818 April 3, 1997 Elizabeth Van Zomeren (473-0510) City Planner/Zoning Administrator City of Orono City Hall P.O. Box 66 Orono, MN 55323 fo) nira CITY OF ORONO APR 4 1997 RE: Fullerton Subdivision Dear Liz: This is to confirm our telephone conversation of Tuesday, April 1, wherein we agreed that the request for approval of the preliminary plat of Fullerton Estates would come on for hearing before the Orono City Council the evening of April 14, It is my desire, and that of my client, to resolve the park dedication fee prior to that time. If there is anything we can do to make that process easier, please advise. We stand ready to respond and can again meet with City Staff, if that seems appropriate. Thanks for your help. Sincerely, John B. Winsto JBW/kra James G. Fullerton, III (339-3097) Thomas Radio (334-8888) cc: J ‘I***-"!#-' MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 (#1 - #2201 Vacation of Unimproved Right-of-VVay - Big Island - Continued) Robb said the confusion lies in that the letters address the easement between the Adams and the access which is the wrong easement. It has not been the applicants intent to vacate that portion of property. The Commission discussed the access changes, concerns for septic and driving over drainfields, and the need to retain access to the Henderson property. Hawn asked the applicants to speak with Mr. Erickson regarding the sale of a piece of land for a new corridor to give direct access (not easement) for egress and ingress as currently there for Mr. Henderson. Henderson said that would be acceptable as long as the width of the access icmains the same. Fieger said he did not know if Erickson would be willing to sell the land. Adams was informed that no approval could be made at this time without knowing the outcome. Adams asked the Commission what would happen if Erickson is unwilling to sell with no other solution for obtaining a conforming septic. Smith inquired if there were any other concerns from Staff if this access could be resolved. Gaffron said the primary concerns are a septic in the right-of-way and providing an easement for utilities. It was noted that no other site was found satisfactory for a septic. Gafiffon said Big Island is allowed structures without septic systems under specific conditions. It was noted that Henderson does have enough dry buildable land. The question of holding tanks and pumping was considered Gaffron reported that holding tanks would not be the first choice and would probably require a variance, but he would have to review the code. Fieger said he would prefer a holding tank due to the cost of the septic system The length of piping was also discussed. Adams noted that the septic design allows for 640 gallons of water per day per cabin capacity which is extreme considering its seasonal use. Schroeder moved, Smith seconded, to table Application #2201 to allow the applicants to research further options for access through acquisition of property from Mr. Erickson. The applicants were also encouraged to speak with Staff regarding holding tanks. Vote: Ayes 5, Nays 0. (#2) 7:30 P.M. - #2204 JAMES G. FULLERTON 111, 3350 AND 3400 FOX STREET - CLASS 111, PRELLMINARY SUBDIVISION/CONDITIONAL USE PERMIT 7:47-8.02 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant, James Fullerton, and Attorney, John Winston, were present. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 21, 1997 (#2 - #2204 James Fullerton - Continued) Mabusth reported that the applicant proposes a 5-lot subdivision of the Fullerton property. Lot 3 is encumbered by a view easement covenant which will run for 30 years. There are no Orono designated wetlands, but the wetland delineation report located a type 2 wetlands within Lot 3. Tract E, a ten plus acre parcel not included in subdivision, has deeded rights to use of private road but limited to two future residential units. There is a potential for a total of eight lots to be served by private road. Lot 4 could be subdivided in the future based on current zoning standards. Lots 1 and 2 could not be further divided because of septic limitations. The view covenants on Lot 3 w'ould limit further division. Along with the subdivision, the application includes a request for a conditional use permit for a guest house on Lot 3. Staff has inspected the structure and found it to be structurally sound. Lot 3 meets the area and width standards for two residential units. The guest house would be served by a future primar>' septic system to serve Lot 3. The system has been designed for 8 bedrooms and w’ould include 2 bedrooms in the guest house along with the 6 bedrooms in the primary residence. Mabusth reported that the major issue for this application involves required upgrades of e.\isting drive to be converted to private road. Staff met with the Assistant Fire Chief of Long Lake Cox found that there would be specific upgrades needed to meet needs of emergency vehicles The amenities and plantings were noted. Review of ditching and curbing is necessary to minimize impacts. Mabusth said the Engineer and Asst Fire Chief requested the road be upgraded to a 24' width. The applicant's plan already reflects a change in curve radius where road extends south and west. Mabusth noted Gustafson wanted monuments relocated to meet 24’ wide opening but Cox felt the monuments could remain as long as a 28’ wide paved road was instiled to the west side of monuments for appro.ximately 100’ length. The drainage for the subdivision will drain to northwest at road intersection through Lots 1 and 2. The remainder of drainage will run to south of road on existing swale in Lot 5. The accessory structures within Lot 2 would be removed as well as the structure located on the shared lot lines of Lots 3 and 4. John Winston reported that the applicant is considering the creation of 5 lots from the original 3 and does not have the same viewpoint as the Staff with regard to the future divisions. Winston said he would like the opportunity to review the roadway changes with his engineer and work out the details wiih Staff. He noted that the applicant appreciates the ability to maintain the monuments. Jim Fullerton said it is their attempt to maintain the ambiance of the property. 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 gue^.t house CUP and is in concurrence with those findings. The applicant said he was noting the need to w'ork 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 review ed 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. 1 j j mNUTES 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. Gaifron will present these concerns to Moorse for further review. ZONING ADMINISTRATOR’S REPORT (*#4) #2204 JAMES G. FULLERTON, HI., 3350 AND 3400 FOX STREET - CLASS in PRELLMINARY SUBDIVISION AND CONDITIONAL USE PERVHT Application #2204 w'as 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 UOFER, 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. REQUEST FOR COUNCIL ACTION DATE; February 21, 1997 ITEM NO.: Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2204 James Fullerton, III > 3350/3400 Fox Street - Preliminary Subdivision/ Conceptual Approval of Conditional Use Permit for Guest House - Resolution Zoning District: LR-IA Total area = 26.72 acres (1.94 acres, Type 2 wetland within Lot 3 - not protected by City ordinances) Proposed - 3 new lots Lot 1 = 4.22 acres Lot 2 = 4.67 acres Lot 3 = 7.51 acres (5.57 acres excluding protected area) Lots 4 and 5 are existing lots of record and are included in current plat as existing lot lines are to be realigned with adjacent properties. Lot 4 = 7.16 acres Lot 5 = 3.16 acres. Application: The subdivision proposes a 5 lot plat that includes 3 new residential lots and lot line rearrangements for 2 existing lots of record. A private road with cul-de-sac is proposed. Applicant also seeks approval of a conditional use permit for Lot 3 that would allow an existing guest/caretaker house to remain. The entire guest house structure is located within the 0-75' setback area. The following ordinances are pertinent for this review: 1. Section 10.25, Subd. 6 - Lot standards for LR-1A Zoning District. 2. Section 10.22, Subds. 1 & 2 - Existing caretaker structure located within 0-75' setback area. 3. Section 10.56 - Shoreland Regulations applicable for all 5 lots. 4. Section 11.03 - Definition 66C - Definition of a Class III Subdivision. 5. Chapter 11 - Pertinent sections for Class III subdivision. 6.Section 10.23, Subd. 4(A) [10.20, Subd. 3(G-1] - Conditional use permit for guest/carctaker house within proposed Lot 3. Request for Council Action continued page 2 of 7 February 21, 1997 Zoning File mOA List of Exhibits A - Application B - Location Map C - Property Owners List D - Plam.ing Commission Minutes 11/18/96 - Sketch Plan Review E - Ceil Strauss, DNR, Letter 12/20/96 F - Weckinan Report G - Gustafson Report H - Long Lake Fire Department Report, Jim Cox Asst. Fire Chief, 12/16/96 I" MCWD Permit Application J - Orono Wetlands Map K - Anderson Report - Wetland Delineation L - Staff Sketch - Road Upgrade Options M - Preliminary’ Plans General Review Comment The Planning Commission reviewed the preliminaiy' subdivision application of the 5 lot plat at their January' 21, 1997 meeting. The subdivision involves the creation of 3 new residential lots and the rearrangement of lot line boundaries of 2 existing lots cf record. All 5 lots shall be served by on-site septics and wells. All lots easily meet the lot standards of the LR-1A zoning district. The existing private driveway that currently serves 3 residential units will be upgraded to a private road. Refer to Exhibit B, the original plat of the Stielow Addition did not designate an extension outlot to the south for a future connection to the Fullerton property. The current plat road has been designed as a cul-de-sac road at a 1,600' length. Five lots within the subdivision and Parcel 6 as shown on Exhibit B shall be served by the upgraded roadway. Lot 4 is the only lot within the proposed 5 lot subdivision that could be further subdivided. Lots 1 and 2 have septic limitations and Lot 3 is restricted by a covenant that prohibits all construction within the south lakeshore yard. Refer to Exhibit B, Tract E’s development is restricted by covenant to 3 residential units. The covenant allows access to these properties via the Fullerton driveway and future private road. The proposed road within the subdivision could ser\e up to 8 possibly 9 residential units. During both the sketch plan and preliminary subdivision review, the Planning Commission agreed that the existing drive with entrance monuments, stone retaining walls and mature plantings called for special consideration when designing or planning the upgrade of the drive to a private road. Members concurred that safely and the need to facilitate use of emergency vehicles had to be a prime consideration in planning the upgrade of the roadway. i Request for Council Action continued page 3 of 7 February 21, 1997 Zoning File #2204 The Planning Commission unanimously approved the preliminary subdivision application subject to the conditions set forth on Page 5 of this memo. The following provides a more detailed review of the subdivision: Lot Standards Lots 1, 2 and 3 meet the required minimum 2 acres in area and 200' of lot width measured in a straight line at the shoreline and at the 75' setback. Lots 4 and 5 have also maintained the required 2 acre minimum area and 200' of width with the realignment of Lots 3,4 and 5. The two accessory structures within Lot 2 and detached garage encroaching the lot lines of proposed Lots 3 and 4 will be removed prior to final subdivision approval. If applicant files final subdivision application before structures are razed, subdivider shall be asked to execute a developer's agreement and post a letter of credit to ensure their removal. The house to the immediate north (Lot 2, Klitzke Addition) will have an impact on the final placement of the residence structures on Lots 1 and 2. It may be necessary- to grant average lakeshore setback variances for new residences because of the location of septic test sites, future retention pond and topography. Septic Septic testing for primary- and alternate sites have been submitted for proposed new lots and existing lots. Existing septic systems serving Lots 3 and 4 have been found to be nonconforming not meeting the required 3' separation and are to be replaced as a condition of this subdivision approval. Septic testing has confirmed there is suitable area to support 8 bedroom capacity systems for Lots 3 and 4. The existing caretaker residence with 2 bedrooms shall be served by the primaiy- septic system on Lot 3. The existing residence has 6 bedrooms. Lots 1, 2 and 5 have been designed for 5 bedroom systems consistent with the requirements of septic code. Based on the location of access drives to serve new residences, Weekman asks that the septic sites on Lots 1, 2 and 5 be fenced off prior to any land alterations. DrainageAVetlands Review Exhibits J, K and M, there are no designated w-etlands within the property. The wetland delineation report confirms that a Type 2 wetland of approximately 1.94 acres exists at the shore line r Request for Council Action continued page 4 of 7 February 21, 1997 Zoning File #2204 of Lot 3. This is the only wetland area found within the property. Applicant will be asked to e.xecute the standard co\'enant to alert future property owner of the location and need to seek approval of first the Minnehaha Creek Watershed District and Corps of Engineer before presenting a plan to City for altering the Type 2 wetland, Grading/Drainage Applicant's grading plan proposes a retention pond within Lot 1 to maintain and treat runoff from development of Lots 1 and 2, The plan provides for a 20' easement over drainageway that leads to retention pond as requested by engineer (Exhibit G). Note drainage from culvert beneath road flows to the northwest at the north side of roadway and to the southeast to the south side through Lot 5. Drainage does not all flow to the south through Lot 5 as originally assumed in the sketch plan review. The City will ask for a detailed grading plan with the development of Lots 2 and 5 to ensure drives will not impact approved site drainage. The City Engineer shall review the grading plan and size of culv'ert to be used where drive encroaches drainageways. Private Road Review Exhibit D, Planning Commission Members agreed that the existing drive and amenities should be preser\ ed as much as possible when applying the code standards for an upgraded private roadway at a 24' width. Exhibit G, the Engineer's report and, Exhibit H, the Long Lake Asst. Fire Chiefs review comments provide alternatives for the required upgrade. As for the entrance monuments, the City Engineer recommends that the monuments be relocated to provide a 24' wide opening. In the Asst. Fire Chiefs report, he recommends that the roadway for a distance of 100' west of the entrance monuments be upgraded to a 28' width to allow emergency vehicles to park to one side while another vehicle could freely pass. Both ask that the existing turn at the west end of the retaining wall be upgraded to facilitate the turning of emergency v'ehicles. The current realignment is now shown on your preliminary plan and has been approved by the City Engineer. The City Engineer has asked that the roadway in between the retaining walls for 500' be expanded to 22' with curbing. This can be accomplished within the 24' width that exists between retaining walls. Staft also recommends that the cul-de-sac be staked so that staff can determine what trees would need to be removed. There may be a need to adjust location of cul-de-sac to minimize tree removal. Both the Fire Department and the City Engineer recommend the drive be upgraded to a 24' minimum width and a combination of curbing and ditching can be worked out in order to preserve as many of the existing plantings adjacent to the roadway. The Planning Commission approval specifically asks (Condition H-7, page 6) that staff work with applicant's engineer to determine if sections of road could be less than 24' in width if the reduction would save mature trees and plantings. Request for Council Action continued page 5 of 7 February 21, 1997 Zoning File #2204 As already noted above, there is no future extension road leading from the north to the Fullerton propert>’. The cul-de-sac will be approved at a 1,600' length with a potential of 8 residential units to be serv'ed by the private road. Planning Commission Recommendation The Planning Commission unanimously approved the subdivision application of a 5 lot plat, Fullerton Estates, finding all standards of the LR-IA Zoning District, subdivision regulations for Class III subdivision and septic code have been satisfied. Approval shall be subject to the following conditions: 1. 2. 4. 5. 6. 7. Applicant to create covenants providing for the protection of the Type 2 wetland within Lot 3. Primary and alternate septic sites on Lots 1,2 and 5 shall be fenced off and protected prior to any land alterations. The two accessory stmctures within Lot 2 and accessory structure that encroaches the shared lot line of Lots 3 and 4 shall be removed prior to final plat approval. If structures have not beer .amoved at the time applicant applies for final plat approval, applicant shall agree to enter into a developer's agreement and post an acceptable form of security to ensure structures are removed before a building permit is issued for new residential construction. Applicant to grant drainage easements over retention pond and drainage way that is located within Lots 1 and 2. Applicant to grant drainage and utility easements 10' wide along tlie perimeter of all lots and 5' along the shared lot line. Easements may be omitted at the shoreline. All new residential construction shall be subject to the shoreland regulations as set forth in Section 10.56 of the Municipal Code. Applicant's engineer and Orono staff shall determine what sections of roadway may be less than a 24' paved width. In order to preserve existing amenities. The following safety improvements must be included with final road plans: A.Roadway to be upgraded to a 22' width with curbing for a 500' section located between stone retaining walls. i Request for Council Action continued page 6 of 7 February 21, 1997 Zoning File #2204 B.Applicant shall have option of either relocating monuments so that a 24' wide opening is provided or install a 28' wide paved road to the immediate west of monuments for a minimum 100' distance. 8. Owners ol Lots 3 and 4 must install conforming septic system prior to final plat approval. If septic systems have not been installed at the time applicant seeks final plat approval, applicant shall e.xecute a developer's agreement and post appropriate security to ensure systems are installed by an agreed upon date in 1997. CONDITIONAL USE PERMIT FOR GUEST/CARETAKER HOUSE Total area of Lot 3 = 7.51 acres (1.94 acres of Type 2 wetland to be included in dry buildable of property). Required = 4 acres 25’x25' caretaker residence with 6’xl2' lake side deck is located entirely within 75' setback area. Any plans to expand the existing building envelope or construct a new foundation will require variance approval from the City. Staff has completed an inspection of the caretaker residence and found the structure to be structurally sound. As already noted above, the primary septic site has been sized to serve 8 bedrooms. The 2 bedroom caretaker residence and 6 bedroom principal residence will be serv'ed by one septic system. The property at 7.51 acres satisfies the 4 acre zoning standard and with over 1,000’ of shoreline will easily meet the lot width requirement. Staff Recommendation To approve the conditional use permit for an existing caretaker/guest house on proposed Lot 3, Fullerton Estates Plat finding all standards of the guest house conditional use permit to be satisfied. Approval is subject to the following conditions: 1. 2. 3. Council shall grant formal approval of the conditional use permit for guest house on proposed Lot 3 at the time of final subdivision approval of the Fullerton Estates plat by the Council. Applicant and future owners are placed on notice that any expansion of the existing building envelope or construction of a new foundation will require variance approval. A conforming septic system shall be installed to serve the caretaker residence and principal structure on Lot 3 no later than June 30, 1997. Request for Council Action continued page 7 of 7 February' 21, 1997 Zoning Hie #2204 __________ 4.Caretaker/guest house to serve the occupants of the principal residence to include their domestic employees or their non-paying guests. The structure shall never be used for rental or lease purposes. 5.All improvements to the caretaker residence are subject to the Shoreland Regulations of the Municipal Code as set forth in Section 10.56. COUNCIL ACTION REQUESTED: To either approve or amend the enclosed approval resolution that grants preliminary approval of the 5 lot subdivision and concephial approval of the conditional use permit for a guest house on proposed Lot 3. 1 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 3350/3400 FOX STREET - FILE NO. 2204 WHEREAS, James G. Fullerton, III, an authorized representative of the Fullerton Trust, (hereinafter the "subdivider") on December 23, 1996, filed a formal subdivision application with the City for approval of a five lot residential plat of property legally described as: Tract A, RLS No. 1321, and Tracts A, B and F, RLS No. 1358, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono’s Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on January 21, 1997, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on February 24, 1997, the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1.The property is located within the LR-IA Single Family Lakeshore Residential Zoning District requiring a mlnir.um of two acres of contiguous dr>’ buildable land within each newly created Li. 2.The property contains a total of approximately 26.72 acres with 1.94 acres of a Type 2 wetland not protected by the City of Orono's ordinances. 3.The proposed plat consists of five residential lots each meeting the minimum lot standard requirements of the LR-IA .Single Family Lakeshore Residential Zoning District. Page 1 of7 4 1 I' 4. 5. 6. 7. 8. 9. All lots have been found to have adequate and suitable soils for on-site septic treatment facilities providing both a primary and alternate site for each of the five lots. All residential lots shall be served by a private road to be designated on the plat as an outlot. An existing driveway that currently serves three residential units shall be upgraded to a pri\ate road. The City Engineer in his report of November 12, 1996 approved the grading and drainage plan for the development of this picperty. The Minneiiaha Creek Watershed District has conceptually approved the grading and drainage plan prepared by applicant's engineer. The existing access to the property shall continue to be the prime access with the redevelopment of the property. Current with the review of the subdivision application, th developer has also submitted a conditional use pennit application for a guest house use for proposed Lot 3. The Orono City Council conceptually approves the granting of a conditional use permit finding the 7.51 acre property with over 1,000 feet of shoreline will satisfy the area and width requirements for the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of James G. Fullerton, III, an authorized representative of the Fullerton Trust per plat drawings by Mark S. Gronberg, a licensed sur\^eyor of Coffin and Gronberg, Inc., dated December 23, 1996, most revised date January 8, 1997, subject to the following conditions: 1.The subdivider to create private covenant for protection of Type 2 wetland within proposed Lot 3. The w'etland is not protected by the ordinances of the City of Orono such covenant to include a site plan locating protected area and advising future owner of need to contact Minnehaha Creek Watershed District and U.S. Corps of Engineers if land alterations of Type 2 wetland are proposed before submitting a plan to the City for review and possible permit. Page 2 of7 1 3. 2. Primary and alternative septic sites on Lot 1, 2 and 5 shall be fenced off and protected prior to any land alterations. The two accessory structures within Lot 2 and accessory structure that encroaches the shared lot lines of Lots 3 and 4 shall be razed prior to final plat approval. If structures have not been removed at the time applicant applies for final plat approval, applicant shall agree to enter into a developer's agreement and post an acceptable form of security to ensure structures are removed before building permit is issued for new residential construction. 4. Dedication of drainage and utility easements 10 ’ wide along the exterior lot lines and adjacent to private road and 5' along internal lot lines. Drainage and utility easements may be omitted at shoreline. 5. Dedication of right-of-way for County Road 84. 6. Applicant to grant drainage easement over retention pond and drainage way (20 ’) minimum located within Lots 1 and 2. 7. Shoreline of Lake Minnetonka shall be shown at the 929.4 elevation. 8. All new residential construction shall be subject to the Shoreland Regulations set forth in Section 10.56 of the Municipal Code. 9. Applicant's engineer and Orono staff shall determine what sections of roadway may be less than a 24 ’ paved width, in order to preser\e existing amenities. The following safety improvements must be included with final road plans: A. Roadway to be upgraded to a 22' width with curbing for a 500' section located between stone retaining walls. B. Applicant shall have option of either relocating monuments so that a 24' wide opening is provided or install a 28 ’ wide paved road to the immediate west of monuments for a minimum 100’ distance. Page 3 of 7 10. 11. 12. 13. 14. The caretaker residence to remain on proposed Lot 3 is located entirely within the 0-75' setback area. Any plan to expand existing building envelope or install a new foundation will require variance approvals from the City of Orono. Subdivider to grant a road and utility easement over private road outlot to the Cit> of Orono. Subdivider's engineer to provide a final approved road plan for the upgrade of existing driveway. Plans must be approved by the City Engineer prior to road construction. Subdivider to provide an executed developer's agreement and letter of credit written to 150% of the cost of required grading/drainage/road construction improvements. Subdivider to install conforming septic systems for Lots 3 and 4 prior to final plat approval. If septic systems have not been installed at the time subdivider seeks final plat approval, subdivider shall include the installation of the two septic systems within the developer’s agreement and provide adequate security to ensure systems are installed by a reasonable date within 1997. Upon Council ’s approval of the preliminaiy' plat, the subdivi.'io ; shall be icferred to the City Assessor to determine the fair market valur- o'" . • prior to development. The park dedication fee shall be based on 8% ot iiie fair market value of the area/value of Lots 1 and 2. Subdivider is hereby advised that preliminary subdivision approval w'ill expire within one year of the date of Council approval, February 24, 1998. Should the subdividcr fail to complete the filing of the final plat application within the year deadline, it shall be necessar}' for the subdivider to file a new' preliminary subdivision application w'ith the City. The follow ing list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeiing on the second and fourth Mondays of the month. Required submittals are as follows: 1.Record plat drawings in the form of tw'o (2) mylar copies (one copy for the City’s records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200’. Drawing to include: Page 4 of 7 1 3. A. B. C. D. E. F. Lot lines platted per preliminar>’ survey by Mark S. Gronberg of Coffin and Gronberg, Inc, dated most revised date January 8, 1997. Dedication of "drainage and utility easements" 10' wide along the exterior boundaries of properly and adjacent to private road and 5' along the internal lot lines. Dedication of right-of-way for County Road 84 if property line extends into right-of-way. Designation and dedication of drainage easements over retention pond within Lot 1 and 20' drainage way that extends within Lots 1 and 2. Designation of private road as Outlot A. Outlot A to be designated at a 50' width with 100' cul-de-sac. Applicant to grant a road and utility easement over Outlot A (subdivider's attorney has received copies under separate cover). Creation of new or amended maintenance covenants that provide for a share in the ownership of roadway and responsibility for upkeep and maintenance of road. Original covenants may need to be amended involving the Trubeck and Lukis property interests. 2, Legal documents required: A.Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B.The applicant to provide certified copies of all recorded easements currently affecting the property. Signed and executed drainage easements to be taken over retention pond and drainage way within Lots 1 and 3 (subdivider's attorney has received copies under separate cover). Page 5 of 7 I 4. 5. 6. Signed and executed developer's agreement and letter of credit for required site improvements and construction of private road (Outlot A) - may include demolition of accessory structures and installation of septic systems for Lots 3 and 4. Signed and executed declaration of private road maintenance covenants dealing with maintenance of private road, Outlot A, and drainage facilities. Covenants should also specify the relationship of ownership. The original covenants involving the Trubeck and Lukis property may need to be amended to reflect property interests in Outlot A. Signed and executed private covenant for Lot 3 involved with protected wetland not included within conserv'ation maps of the City and as described in Condition I above. Covenant must be in a form suitable for filing. The City has samples of protective covenants used by former developers. Subdivider should advise if they wish sample copies. 7. Fees to be paid: Total due: S400.00* A. Final plat fee = S200.00 G. Legal review and filing fees for subdivision and associated documents $200.00 * Park dedication fee shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as assessor's report has been filed with City. A park dedication fee shall be based on 8% of the fair market value of the land within Lots 1 and 2. Page 6 of? 1 , 1 4 I Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 24th day of February, 1997. ATTEST: Dorothy M. Hallin, City Clerk J. Diann Goetten, ActingMayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of February, 1997, by J. Diann Goetten, & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 7 of 7 i J4^fk '• > . *v » 0 A. // ■. t * »* « • ^ ft ; Application 0 <^4iO ^ . Date Received - -- Amount Paid oo •' ; CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site address 31>6d 3^00 V=tr/ Property Identification Number (PID) S>S'^ ATtACI^^Q Please check one - Property ____abstract or M toixens? Attach legal description to application. ATTT a c W CD APPLICANT Name ^ \Aj\N^Tlt?/\/ City rA(PU^2ip 6^^0T Phone (work) \ —^5^ oo OWNER (if different than applicant) Name 6- <\/ Address ^3^0 -X=0> City_Q^QlsfQ .y fAK/ Phone (home) c|T^ - 7— Zip>^‘35fc Phone (work) 33^ ^ 11 (attac’, list if more than one) EXISTING LAND USE Number of Ta.x Parcels Development Size an 'rri Present use (check) Present Zoning District Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ PROPOSAL X Division for Tax Purposes Lot Line Rearrangement Only (no new buildling sites) Subdivision for New Building Sites Number of Building Sites 7- Proposed Gross Density Minimum Lot Size ft • Proposed Use (check) Existing Units New Units Total Units Units per Acres Sq. Ft. Dry Buildable Land Residential Other (specify)__________♦ lasiui. MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "application fees" listed below. 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4. Certified Property Owners List of owners within 350’ (you must obtain this list from Hennepin County Department of Finance A-603 Govt. Center 348-3271). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official’s Signature ______________________________________Date MINIMUM M.ATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. . . Zoning Official’s Signature ______________________ _________ Date I. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: _____ Sketch Plan Review (Class 1,11 & III) S250.00 t _____ Subdivision of a Lot Line Rearrangement S350.00 _____ Subdivision Application (Class I & II) S350.00 _ Preliminary Subdivision Application S375.00 + S25.00/lot (Class III <<5; all non-residential) _ Final Plat Application (Class III) S200.00 _ Legal Review and Filing: _____Subdivision only S75.00 _____Subdivision w/easements and covenants min. S200.00 _ Park Fees (to be determined per Section 11.62) _ Legal and Engineering Review Fees (as incurred) Totals :5O0 _ Renewal of Class I and II Subdivision Application S200.00 (No change from original application) _ Renewal of Class III, Preliminary Subdivision Application S200.00 (No change from original application) Renewal of Final Class III Subdivision Application SI 50.00 (No change from original application) B. Special Improvement Fees: Proposed Private Roads S600.00 + $.50/lineal ft.; _____ Proposed Public Roads S900.00 + S.50/lineal ft.; . lin. ft. .\ .50 = S lin. ft. X .50**$ Request for City to Accept Existing Private Road S900.00 Proposed Sanitary Sewer Main Extension $250.00 + S25/stub Proposed Wateimain Extension S250.00 + S25/stub Proposed Storm Sewer System (excluding culverts) S200.00 On-Site System, Site Evaluation Review (applicable to rural subdivision applications) S50.00/per lot x_____new lots C. Flexible Application Fees/Misc. Fees _____ Variance S220.00 (S50.00 per each additional variance) _____ Easement V'acation Associated with Subdivision SI00.00 PRD Application with Subdivision $30.00/DweIling Unit _ 6v\^<tT VloV\‘S)J The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Anomey. Planning Commission and Counjilnecessary’ to process this application and further agrees to pay all additional fees established by Apilkanfs Signature ___________ Dale j<^ 0,______________ \ Owner’s Signature Date iVi?-: M k Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting. Plrjiin^;' ommission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of tlic Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building Zoning Office of this change prior to the meeting. ___ J$ A/ ^X3«c^^«;■ */ I I/I ___t*v m Oai ---------------------------------------- I* Ci^l 1 ' 1 «.M* ’I i- ., rMf ^r l»4 f l/V) ‘'•'“"-•'A f ^ i r * r A»^ i;n \,» /. ^ Hi' ••;:-;:v;i.-;-:;.y\ri-x- :-. vx -.-IX v V n / f m 99rnBm0^ r : V>(\ •'=■ ;::::;:i;:Y’<:^;-.\V:v*x:;:;:-::;>-;>V ;':^:v;>!'’-V-xA liiiWiS iiilil». -\V< liiiiiii .;W:^x >:::>;■ \;:v> , •«u waiN nuio) MAW-I.L I'Air •f V‘" '""aI.. V. Nvt. ^ •* * ••.I. .v» \\ \ ii"- H^-w T*»**. .IIW •t?r. \ \ \ oh-0% Ay;>.r —>• r---------^ »♦• w»*rk'.V I 1^,' > 4 Ml mr 9mit•»s« ■* u. <r,- /I* A:\ I /. //' RUN DATE 12/10/96 BATCH 501 PROP ADDR Ol'INER NAME TAXPAYER NAME/ADDR PROP AODR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME. TAXPAYER NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0^-117-23 32 0012 03175 SUSSEX RD N H & D C HILOMAN NINA H A DONALD C HILDHAN 7^5 SPRING HILL RD HAYZATA MN 55391 38 05-117-23 41 0020 00525 LEAF ST NEH THOUGHT CH REL SCIENCE NEH THOUGHT CHURCH OF RELIGIOUS SCIENCE 525 LEAF LONG LAKE MN 55356 38 05-117-23 41 0027 00580 OXFORD RD BRUCE CONSTRUCTION COMPANY JAMES H BRUCE 565 LEAF ST LONG LAKE MN 55356 38 05-117-23 42 0001 00038 ADDRESS UNASSIGNED R M STARK A J M STARK RICHARD M A JANE M STARK 575 OXFORD RD LONG LAKE MN 55356 38 05-117-23 43 0004 03400 FOX ST JAMES 6 FULLERTON III ET AL FULLERTON LU1BER CO P 0 BOX 30 MPLS MN 55440 38 05-117-23 44 0003 / 03300 FOX ST J H L TRUBECK A J H TRUBECK ^ HILLIAM L A JUDITH H TRUBEK 3300 FOX ST LONG LAKE MN 55356 38 04-117-23 32 0013 00575 SUSSEX CIR A A T DEVELOPMENT LLC A A T DEVELOPMENT LLC 3622 HHY 101 S 8100 OEEPHAVEN MN 55391 38 05-117-23 41 0024 00555 OXFORD RD CORNELIA D KLITZKE CORNELIA D KLITZKE 555 OXFORD RD LONG LAKE MN 55356 38 05-117-23 41 0028 00565 LEAF ST J H A M R BRUCE JAMES H A MAUREEN R BRUCE 565 LEAF ST LONG LAKE MN 55356 38 05-117-23 43 0002 00865 PARTENHOOO RD R H GREENE A J E PICCARD R H GREENE A J E PICCARD 865 PARTENWOOD RD S LONG LAKE MN 55356 38 05-117-23 44 0001 03350 JAMES G JAMES G P 0 BOX MPLS MN FOX ST FULLERTON III FULLERTON III 30 55440 38 05-117-23 44 0004 03250 FOX ST DOt4NA LUKIS DONNA LUKIS V 3250 FOX ST LONG LAKE MN 55356 REPORT NO. PI435401 DAGE 1 38 04-117-23 33 03175 FOX ST DAVID A MAASS DAVID A MAASS P 0 BOX 392 LONG LAKE m 0010 55357 38 05-117-23 41 0026 00550 OXFORD RD BRUCE CONSTRUCTION COMPANY JAMES H BRUCE 565 LEAF ST LONG LAKE MN 55356 .T. J•vj I I 38 05-117-23 41 0029 00575 OXFORD RO RICHARD M A JANE H STARK RICHARD A JANE STARK 575 OXFORD RD LONG LAKE MN 55356 c: :i.:y 4 ifVv . .. *. ••- » 38 05-117-23 43 0003 00815 PARTEM«X)D RD E C ZONNE A K E ZONNE EMIL C A KATHLEEN E ZONNE 815 PARTENHOOD RD LONG LAKE MN 55356 t/ 38 05-117-23 44 0002 03400 FOX ST JAMES G FULLERTON III ET AL FULLERTON LUTHER CO P 0 BOX 30 MPLS MN 55440 38 05-117-23 44 0005 03400 FOX ST JAMES G FULLERTON III ET AL FULLERTON LUMBER CO P 0 BOX 30 MPLS MN 55440 t r . RUN DATE 12/10/96 BATCH 501 PROP ADOR ONNER NAME TAXPAYER NAME/AOOR TOTAL BATCH / . e . • I •*. V Li \\ HE^WEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST REPORT NO. PI435401 PAGE 2 501 00018 * j ■i I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATI0f4 OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS aDATE! jPARTMENT OF PROPERTY TAXATION > TO THl \ MINUTES OF THE ORONO PLANNING COMMISSION MEETE^G HELD ON NOVEMBER 18, 1996 Z) (#11 - #2196 Genmar Industries - Continued) McConnell responded to the suggestions made in 1989 an<l again by Chief Cheswick for a tunnel or bridge. She noted that Hennepin County said a bridge was not feasible and a tunnel would be a security risk. Doug Schmitt noted the presence of Indian Mounds in the Orono area and questioned the review by the State archaeologist. Mabusth reiterated the findings by the archaeologist of a natural sight with no burial grounds. Gaflron read the letter written by the State archaeolo^st. Schmitt inquired about a cut into the land on the north side by this site that had been stopped. Gafiron said he did not know the history of that excavation, but it was quite visible when standing on the north side of the bluff. Schmitt asked if there would be any opportunity for more slips. Gaflron said the LMCD has already provided a special density permit noting a marina must provide a number of amenities. Gaffron indicated the number of slips is in direct correlation to the shoreline footage and amenities provided, and is within the jurisdiction of the LMCD. He did note that the Council may have an opinion as to whether additional slips might ever be developed at this site. Schmitt informed the Commission that he was concerned that another building such as a double wide mobile might be erected on the site. McConnell said they have no intention to add a structure or additional slips. Hawn said she was opposed to cutting into the bluff on the lakeshore. Smith agreed noting the recommendation for denial by the DNR. McMillan and Berg also voiced theh opposition to cutting into the bluff. Lindquist asked the applicant if a vote or tabling was preferred. The applicant asked for a vote. Lindquist moved. Smith seconded, to deny Application #2196. Vote: Ayes 5, Nays 0. At Applicant's request, it was indicated that Applications #2195 and #2196 would be presented together to the Council, probably at their first meeting in February, 1997. SKETCH PLAN/CONCEPTUAL REVIEWS (#12) #2190 JAMES G. FULLERTON, HI., 3350/3400 FOX STREET - SKETCH OF A FIVE LOT SUBDIVISION The applicant, John Winston, was present. MINUTES OF THE ORONO PLANNING COMMISSION meeting HELD ON NOVEMBER 18, 1996 (#12 - #2190 James G. Fullerton - Continued) divided off but served by Fox Street on the east side. The current proposal is for a five lot subdivision. It was noted that there wiU not be a back lot serving another propeny. All of e ots meets the area and width requirements. There is a caretaker house which will be rnaintained Application will be made for a condition use permit and wiU meet the area standards but is ocated about 45' from the lake shore. The accessory structure will be located on the lot lines and will not meet the standards. Mabusth stated woLd be alJo^eT ^ access Winston informed the Commission that Tract E has an easement to use Fox Street but oes not currently use it. He also noted that the tract is not less than 2-1/2 acre lots as w f«'ricts the number of umts. Winston said the limitation is only to the size. Mabusth said this would allow an additional unit to be served by Tract F for a total of possibly seven. Mabusth informed the Commission that the entrance to the area is 25' width and surrounded by retaining walls. She noted that it would be difficult to upgrade the roadway. The City Engineer reviewed the access and determined that it should remain a private road to a minimum width of 24'. Mabusth said it would be difficult for this to occur within the 500' due to the wooded nature of the property. The fire and police departments will also review the plan. Winston said it was his desire to retain the gate and amenities along the entry. Lindquist agreed that it was a beautiful entrance. Mabusth said the plan calls for an innovative approach to an upgrade, and if the Commission supports it, it would be difficult to envision a 24' width with a ditch. The Commissioners all agreed to support some flexibility regarding this issue. \Vinston reported that the division would result in lots of at least 4 acres in size. He noted that the most northerly lot would be accessed directly from the street and several lots would not utilize the entire length of the access. Only three lots would use the full extent of the dnveway to include the FuUerton homestead. Tract E and Lot 1 almost immediately e.xist off of the private drivew'ay. Lindquist indicated that the private road would be maintained by the property owners. y MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 L (#12 - #2190 James G. Fullerton - Continued) McMillan inquired about the no build area. Winston said the no build area is to protect the main views from the Fullerton residence and would be protected by restrictive covenant for 30 years. Winston noted that it did not appear to hinder a potential buyer. The no build area could become a buildable site in the distant future as there is adequate area. Mabusth asked what the no build restriction included. Winston said no above grade building would be allowed, such as a p. ol house or ter.. house, but a swimming pool was feasible. Mabusth informed Winston that building in that area may require an average lakeshore setback variance to include a swimming pool or any additions *o the existing house. It was indicated that the caretaker residence is hooked up to septic. It appears that access to the caretaker residence is from a gravel access. Mabusth reported that the application would again appear before the Planning Commission in January, 1997. PLANNLNG COM^USSION COMMENTS (#13) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS OF OCTOBER 28, 1996 (ELIZABETH HAWN) AND NOVEMBER 12, 1996 (JAN BERG) No i eport was given. (#14) OTHER ISSUES FOR DISCUSSION Nc additional issues were discussed. (#15) PLANNING COMMISSIO’^' APPROVAL OF MINUTES OF THE OCTOBER 21, 1996 MEETING Hawn moved, Berg seconded, to approve the Minutes of the Planning Commission Meeting of October 21, 1996. Vote; Ayes 5, Nays 0. (#16) PLANNING COMMISSION TO SELECT REPRESENTATTVTS TO ATTEND THE COUNCIL MEETINGS OF NOVEMBER 25, 1996, DECEMBER 9, 1996, AND JANUARY 13, 1997 November 25, 1996 - Stoddard December 9, 1996 - Lindquist January 13, 1997 - McMillan m-o Minnesota Department of Natural Resources METRO WATERS, 1200 Warner Rd., St. Paul, MN 55106-6793 (612) 772-7910 Fax - (612) 772-7977 December 20, 1996 Mr, John B. Win. :on 4420 IDS Center 80 South 8th Street Minneapolis, MN 55402 .DEC 2.6. i996 RE: Project Notification, Fullerton Property, 3350 & 3400 Fox Street, Lake Minnetonka - Maxwell and Stubbs Bays (27-133-24 and 27-133-23), City of Orono, Hennepin County Dear Mr. Winston: The Department of Natural Resources (DNR) is in receipt of your project notification for a proposed five-lot subdivision located in SE'^, Sections 5, T117N, R23W. Based c our review of the notification form and maps of the area, we have determined that there are no activities proposed that are under DNR protected waters permit jurisdiction and therefore the project does not require a D.NR permit. If foture alterations of the Lake Minnetonka shoreline are proposed, a DNR permit may be required and this office should be consulted. While the DNR is given an opportunity by the city to comment on land use proposals (such as a subdivision) within the “Shoreland District,” we do not have direct jurisdiction on approval of subdivisions. As long as the proposed subdivision meets the city ’s zoning code (for minimum lot sizes, building envelopes that meet aU setbacks, etc.), as appears to be the case here, we are unlikely to submit written comments to the city. Thank you for your cooperation. If you have any questions, please contact me at 772-7914. Sincerely, Ceil Strauss Area Hydrolo^st c:James G. Fullerton, HI, 3350 Foj^treet, Long Lake, 55356 City of Orono, Mike Ghaflfron U.S. Army CorjJs of Engineers, Joe Yanta Hennepin Conservation District, Ali Durgunoglu Minnehaha Creek Watershed District, Dionne King Wayne Barstad, Ecol. Services w/PNAF DNR !nrormalion:6l2-2%-6I.S7. 1.8()0.766-6()(m • TTY: 6I2-2‘>6-54.-.4. I-800-6.S7.3929 Ai» EqujI Opi»«»nuniiv EnipUuer Who V jIuw 'n Divcr>iiy Printed on Kev>clcd Pap^r Conuinmi; j Minimum ol UP# Po^^•Con^umcr W'j^ie F TO:Jeanne A. Mabusth, Planning and Zoning Administrator FROM: Stephen Weckman, On-Site Systems Manager DATE:January 10, 1997 SUBJECT: Septic Review for Application #2204, Fullerton Estates - Subdivision The proposed five lot subdivision includes four existing septic systems. All of the existing septic systems are non-compliant (failing) due to the lack of three foot separation between the drainfield and the seasonal water table. Although none are an eminent health hazard currently, each of them must be replaced at this time or be properly abando^ 'ed. ' or this reason each of the new lots has both primary and alternate drainfield sites located on them. The existing septic systems serve 3350 Fox St., 3400 Fox St., the caretaker residence, and ttie garage facility. All proposed septic systems meet City and State standards. The drainfield sites are designed for five bedroom residences on lots 1, 2, and 5, while lots 3 and 4 have eight bedroom designs to accommodate the large existing main residences and a caretaker residence. The drainfield sites on lots 1,2 , and 5 must all be fenced off prior to any grading or land alteration due to their proximity to the access road. Also, the driveway for each of these lots will pass 20 feet from many of the drainfield sites, so the sites must be accurately fenced to protect them from damage. Based on the above information, staff recomends approval of the PV/,tication. The applicant should note that the 20 foot setback between the drainfield areas and the driveway must be maintained. i 1/ J Bonestroo Rosene Anderlik & |\ I Associates Engineers & Architects Bonestroo. Rosene. AnOerUk ena AssooMes. ire is An Affirrmttve Acnon ‘EquAt Opportunity Err.ptoyer PnncipAii O:to G. Boncitroo.. c • Joseph C An^crliii. PE • M^’rvin L Sorvau P£ • Richard E Turner. P£ • Glenn R Cook. PE. • Thomas E Noyes. PE • Robert G. Schunicht. PE • Jerry A Bourdon. PE • Robert W Rosene. PE and Susan M Eberlin. CPA. Senior Consultants AssociAte PrincipAts. Howard A Sanford, PE • Keith A Gordon, PE • Robert R Pfefferie. PE • Richard W Foster. PE • David O Loskota. PE • Robert C RusseV. A I A • Mark A. Hanson. PE • Michael T Rautmann. PE • Ted K.Fieid PE • Kenneth P Anderson. PE • Mark R. Rolfs. P.E • Sidney P Williamson. PE. I S • Robert F Korsmith Offices St P-^ui. Rochester Wiiimr ^no St Cloud. MN • Mecuon. Wl November 12,1996 21 • A nni\ ^r.tary Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re:Fullerton Trust File No. 139-2190 Dear Jeanne, We have reviewed the proposal to subdivide the Fullerton propeny at 3350 Fox Street. The property is located west of Leaf Street on the north shore of Maxwell Bay in Section 5. The property access is presently provided by a 1,650 foot long paved private cul-de-sac that ser\es three existing residences. The subdivision will add four additional lots to the private street. The existing pavement varies in width from 18 to 20 feet. The Subdivision Code requires a 24 foot minimum paved width for private streets serving up to seven units. The pavement section is 8 inches of class 5 100% crushed aggregate and 3 inches of pavement The maximum cul-de-sac length is 1,000 feet. We offer the following comments in regards to engineenng issues. It appears feasible to widen the roadway to 24 feet in most areas west of the first 500 feet by shifting the centerline north or south to avoid trees. The roadway could be either rural (with ditches), or urban (with 4" bituminous curbs), or a combination of the two. The first 500 feet of the street west of Leaf Street has stone retaining walls along both sides, 24 feet apart. In this area it would be best to widen the road to 22 feet with bituminous curbing to avoid the walls. At the intersection with Leaf Street there are two stone monuments with an 18 foot wide iron gate between them. One or both of the monuments should be moved to allow a 24 foot wide roadway. The new' cul-de-sac location should be staked in the field to determine if tree>: will noi^d to be removed fc: t!:t cc'nst.nciiori. Drainage and utility easements should be platted 5 feet wide along the lot lines and 10 feet wide along the right-of-way. A 20 foot wide drainage easement should be shown across Lots 3 and 1, leading northwesterly from the existing cuhert to Stubbs Bay. Please contact me at this office if you have any questions regarding this matter. Youis very truly. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. 2335 West Highway 36 ■ St. Paul, MN 55113-3898 ■ 612-636-4600 .... —• Long Lake Volunteer Fire Dept. 1964 Park Avenue Long Lake, Minnestota 55356 Office: 612-473-9701 • Fax: 476-9622 December 16,1996 TO; FROM: Jeanne A. Mabusth Building & Zoning Administrator Jim Cox 17 1996 SUBJECT: Fullerton Property Located at 3400 Fox Street The I8V2 foot opening between entrance monuments to the Fullerton property is adequate to serve fire emergency vehicles. The straight alignment of the drive commencing at Fox Street intersection and for several feet beyond entrance gates will enhance the use of fire vehicles. The width of the drive is approximately 20-21 feet and is inadequate for the first 100 feet into the property. There is a need to maintain a minimum of 28 feet up to approximately the beginning of the retaining wall along the north and south side of the road. This will allow for the use of emergency vehicles entering or leaving the property via the 1814 foot wide corridor restricted by stone entrance monuments. We would ask that the private road be upgraded to a minimum of a 24 foot width. Special care should be given at the sharp curve at the end of the corridor restricted by the retaining walls so as to allow for an adequate turning radius for emergency vehicles. It may be of help and assistance to the City if I am present at a staff inspection of the roadway in determining specific upgrades of the private drive. • • ••** (I J 1 I 1 a.*• •• •f %I. ' COMBINED JOINT NOTIFICATION FORM -'WATER RESOURCE APPLICATION ippi' It* • r- • t«< I • V •.V » Use this form to notify/apply to the Minnehaha Creek Watershed District (MCWD), their engineering consul^ts, the DNR, tind the Hennftpin Cbnservation District of a proposed water/wetland project jr work which may fall'within their jurisdjLqtion.^ Th'esc agencigs„should advise you of Aeir Jurisdiction or permit requirements within 10 days. Fill out this form completely mail a copy, with plan, maps, etc... the MCWD, Gray Freshwater Center, Navarre, 2500 Shad>'wood Road, Suite 37, ExCclslor, MN 55331. Keep a copy for your records. YOU MUST OBTAIN ALL REQUIRED AUTHORIZATIONS BEFORE BEGINNING WORK. 1. Applicant’s Naihe (L3st,‘First, M.I.) 1^. Phone No. Address (SU’ec't, RFD, Bo.v #, City,'State', Zip) ‘ Rsy lOfJG' tf\N 5^^ Ii i 1 ^ • I 2. Location of proposed project (Attach drawing w/directions to site): COUNTY - QTR SECTION(s) SECTION(s) TOWNSHIP(s) RANGE(s) _ Lot, Block, Subdivision .se........ s ■ /n PROJECT ADDRESS: 4»/P. y 4cJ yJZ/ 3. LENGTH OF SHORE AFFECTED (in feet): VOLUME OF FILL OR EXCAVATION (Cubic yards); Z AREA FILLED-OR EXCAVATED IS O Acres, OR Square Feet. • ^ I 4. TYPE OF PERMIT BEING APPLIED FOR: (Check all that apply): )^STORMWATER MANAGEMENT PLAN □ FLOODPLAIN i^XTERATION □STORM SEWER OUTFALLS □ICE RIDGE REMOVAL □SHORELINE IMPROVEMENT a. QRIPRAP b. ^SANDBLANKET c. ORETAINING WALL OTHERXDESCRIBE) * • • • • ••*•• M • • • □BRIDGE & CULVERT CROSSINGS . □ WETLAND ALTERATION □ EXCAVATION (DREDGING) a n WILDLIFE b. ^ NAVIGATION c. ^ BIOENGINEERING 4a. APPLICANT’S REPRESENTATIVE: (Licensed Contractor, Engineer, etc...) Include name, address & phone number. . jt ./AyQ, _ ___ yifZ TAM a MCK ^-,2 1^^. yA 5>V\G»O^VlQ^ ^ i1 I ! /i. I^OJECT PU^OSE (why is this^rojcct ne«kd - what benefUs will it provide?)^' ^ O ^ 5^^ - » 6. ALTERNATIONS (describe .any other sites or methods that could be sued to achieve the purpose of your project while avoiding or minimizing water/wctland impacts. Attach additional sheets, if needed. Aja UJfTLAy/S Afi-C , COrS AA.( £4ACr( TC \ 7. DATES; Proposed start of acljvity: ! ‘f~7. (Identify any.completed.workon.4 ’|tache ‘d.drawing) , Proposed completion: .'f* *>• 8. NAMES &. ADDRESSED OF ADJOINING PROPERTY OWNERS (Attach list if more) A-TTAC^a^Q U^T________L • 9. PERMITS HAVE BEEN RECEIVED (R) OR APPLIED FOR (A) FRO.M;_____DNR COUNTY.. >^(^)GITY _____MN POLLUTION CONTROL AGENCY ARVY CORPS OF ENGR I hcreby notify the redpients of this form of the project proposed herein and request 1 be advised of any permits or other determinations cprtc.emipg.this project that I must obtai:i. I understand that proceeding with work before all required authorizations are obtained may be subject to Federal, State and/or local administrative, civil and/or criminal penalties. Cnw-5::^ & WJf^*sr=>N/Arrri&g.Wgy VLj\% •oject or Agent^ »Af Aj CA V /Sisaaiure^ Person Proposing Project or A gent Date • « * *6ioy 3M ) — • *♦ #• •• • w m /JoV «p :o;'j > ^ ’ .p _. -w t i«97C‘^ r-; tvv!4» ••%:%S:v)5^-^ isif ....■'i^i|k M «y.' Ctvi IV ■- '••IIS* • .*5; ii-^*-.’>!'V-..v'.- -f 7- a*;-'vC=“ % Wy ix' >- ZV mm.m •Vi •./•W-. -» -^^■''! ”1’ i's^.Ahhi:y:,i^'A^' ■ ::i ■- ' '•... yvV ••■••‘* *|V ;. . *,' C-. ^ t, . •, 1.'• •• , .J .1 ;ry .■•.»• .‘•'.•o','■!/■'» r>i - *7A- #.. 5v' ^ t'-v* j ; . if, ^ L S'j -'0J.W\ -O^mMcr<^ 4^ — ’ ^-' iiUU- ‘ •. .%’A*Xi>' ' !»• V'i'‘ >V'vAv‘-‘ •■ ’•^VjllC K ij> r^^y.;f -^1-'>ri lT'?:If;:; ' .b I* ;• /»•> " >1 J3 J» I* .v;i'^C ■' •'‘'- v\ i f vU\*>' ^2-*..s <?> !' . '■4 >.Si' ;> :<:Z 1* r/j! / i r ”i -T ■" ■ V/i>':'T^-A-*>w“ . ! • <« '.V'6''*V V' •*r -'/r> jOvVd’. ^ t^if noVw'A V V- :r*^^>U>' V/ >■—=;5;J;c>:cyM^^ < 50, ■^<'r>. ^•% 'VV»Ji'/, ^‘‘.7 V‘»o o 4 >' :'.Cv- » % • ' 4. ] V';o‘' » s.v^v rf *’X' vVi 'i..;. 1^ I k. .*■, ‘ ^'' S'*/ I fA*"» ---J ai-*v^vT‘ ,\V-'r u ' ’ * I ‘ V v/f «< V»^:- r V‘4 » •• • V * .k*• « *1 • m ^ • M »* t •• • •* » j • «t« • « »• « iU • •• M t« • • • f r •» I • *. V- • • .. •• • rNSTRUCnONS - PLEASE READ CAREFULLY A copy of this form, with copies of all plans, drawings, etc... should be sent to each agency indicated below. Please eh the appropriate spaces below to show everywhere you aie sending this form. Remember to keep a copy for your record v/ • *Thc LOCAL GOVERNMENTAL UNIT (LGU) city, county or waters management organization y The local SOIL & WATER CONSERVATION DISTRICT ^ HENNEPIN SWCDQCARVER SWctJ* X MINNESOTA DEPARTMENT OF NATURAL RESOURCES (MDNR) Regional Office • .M • • •• kW*. • — US ARMY CORPS OF ENGINEERS (a COE) at: Dept of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 FiRh Street East, St. Paul, MN 55I0l-Id3 Note: The above agencies may provide a copy of your completed form to the Mirmesota Pollution Control Agency (MPCA). MPCA water quality issues may apply to your proposed project. • • • ^TTENTION.(From USpA): Any acuvity including drainage, dredging, filling, leveling or other manipulations, including maintenance, may affect a landuser's eligibility 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. • • • I f.M^ORTANT: Some agencies, including (he Corps of Engineer's and*the MDNR accept this fo'rrft as a permir* ‘ ‘ application form, [f you wish this form to constitute an application to the Copts and/or-MDNR for any necessary pern for your proejets please carefully read the following information and sign where indicated. I • • • • •wwwvwwwvwwvvwvwwwvvwwv.www7vwvwwvW Application is hereby made for a permit to authorize the activities described herein. I ccrti,^.ilhat.( am familiar with the. information contained in this application, and Lhat 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 authorized agent of the applicant. • • •• • Signature of Applicant Date r* • ••• « ••••* • • • WlWSToNy Note, The application must be signed by the person who desires to undertake the proposed activity (Xpplicant) or |( may be’sigtied by a duly authorized agent if the information requested “below is f ividcd’ ‘ Date •• k j • • Agent's Name and Title:--3oftN) fe. J ATror?tfey -Fog A-Pa\-64KT- 4^X0 -£.0S C£.(mo 'go "k,. 9+*' • I ^ • •• • Agent's Address ________'^0*S So. . Agent s Telephone ( ^ )^ ) — ^*5^00 PA) ^ . . • l8U.se Sccnon 1001 provides that: Whoeve/. in any manner within the jurisdiction Oi'any department or ajer.iy of the Uniied Suios tnowingly and willtully falsifies. Conceals, or covers up by wy Iriclc. scheme, or device a material fs^i or makes any false, tlcl'nious or *• fiaudulem siaiemenls or rcpresemalions or makes or uses any false writing or doc.c.ic. i k/ owing same to contain any false, riciitious. or . IrauduK iii siaicoKiU or cniry shall be fined noi more than SlCiCXX) dr imprisoofd not more ihin ri\i..y<Urs, or bolh. 01/15/1^37 13:12 473-4435 •XiFFiri £ '3POMBEP>3 PA'3^ 02 ‘ <» * te ■ « • #K •• PROJECT IN ORONON. MN John Anderson^ ENVIRODATA. Minnsapote. MN Of wetlands as to tn^ dominant wetla^ ssss". ««>;-3»r™rnT4:“ i» welland/upland boundaries a^^ '^PleaM review documentation of thaso findings '"n^d' n Report aod^t^e^lan) A sj^ of the staked wetland boundaries is inctudod in the report LOCATION 3400 Fox Street Orono. Minnesota methodology ot Engineers is applying the 1987 Corps Wetlands Delineation Manual The wetland and/or deep water hapitat wore classified according >to the methodologies set forth m Wetlands ot the United States (USFWS Circular 39. Shaw and Fredine. 1971) and niasfiification of Wetlands and Deep water Habitats of the United States (FWo/OBb PuOlication 79/31 Cowardin et al.1979). CHARACTERISTICS OF WETLANDS INVES'^lGATEO Trftnsoct A TWs is a Type Two (PEM1B) wetland checksite. Dominant species are Reed Canary Grass (FACW-*-). Blunt Spikerush (OBL) and Bugle (UPL) Soils are Loke Beaches, a wetland soil Surface hydrology evidence is met, as soil is in a wetland drainage pattern Transect A.#ll This is a Type Two (PEMIB) wetland checksite. Dominant species are Kentucky Bluegrass (FAC*) and Blunt and Spikerush (OBL) Soils are Uke Beaches, a wetland soil Surface hydrology is met. Site is m a wetland drainage pattern. 01 /15/19 97 13:12 473-4435 01 .'15/1997 13:00 6125441791 COFFIN S GRONBERG page 03 PAGE 03 01/15/1997 1.3:12 4T 3-4435 m m • m A •. / O A COFFIN S- CRONBERC WbILBNUS LIAIA PA-3E 0 3 PAC€ 03 This Is a non - weVand checksite. Dominant species are Kentucky Blu^rass AC-) and Bugie (UPL) Soils are Hayden, a non-wetland soli Surface hydrology is noi m Site is not Hooded, ponued or saturated or in a wetland drainage pattern. *Tf0ns©cl A j A ^ V This is a non-wetland checksite. Dominant species are Eastern Cottonwood (FAC-*’). Common Buckthorn (FAC-), Bugle (UPL). and River Bank Grape (FACW-). Thicket C;eooer (FACU) is less common. Soils are Hayden, a non-wettand soil. Surface hydrology is not met Site is not inundat^'d. satU'’ated or in a wetland drainage pattern.- limitations of wetland assessment My opinions, conclusions and recommendations were based in part on information 1 obtained and evaluated from current sources Including state and federal agencies, verification of the authenticity or accuracy of this information is not warranted and Is not Included in the scope of my services. Wetlands delineated under winter conditions may not be accurate and should be reinvestigated during the growing season. I appreciate this opportunity to present this analysis. • « Sincerely, 01/15/1997 13:12 131/15/1997 19:00 473-4435 &1254417&1 COFFIN S GRONEERO WETLB.-'JDS PATA DATA FORM ROUTINE WETIANO DETERMINATION (1997 COE OelineaUon Manual) P««3E PAGE 04 04 ll. Projecl/Slle 3400 Fox Street. O'ono Applicant/Ownef; James FolleGOn Invwtiflatof John C. Anderson • Envir OOata oeie. r/24/96 County. Hennepin State: MN Do normal environmental conditions exist? yes 15 the site significanliy disturbed? no 16 (he area a potaniial problem area'^ no Plant Community 1 0 Type2(P6MlB) Transect i o a Plot I.D.» I VEOETATION Dominant Plant Soedas 1 Phalahs Bfundtnaeea 2 Eiaocnerts ooruaa 3 AJugareptans 4 Carax 8p. 5 e 7 0 Stratum indipatar %Dominant Plant Soecios Herb FACW>40 9 Hem OBL 40 to Herb UPL 20 11. Hem FAC to OBL 1 12 Straturn indicator % 13. 14 15 16. Percent ot Species mat are OB l.facw , end'or fac 66 Remarks. HYDROLOGY Recorded daia(de«crt>e in remarKs) ■ Straam or Lake Gauge * Aerial Pbotographs/siides • Other • PEMC • NWI, Mar:m • USOS Field Observatrons/meaeuremeiits Depth ol Sudace Water. Depth to Free WWer in Pif Depth to Saturated Soil Mo Recorded Data Available Primary Indicaiora Inundated- Saturated in Upper iz inches- Drin Linos- Sediment Deposits- Drainage Pattern m \^t(8i% Secondary indicators (2 or more reouired) Oxidired Root Channels In Upper‘2 lnch«* Water-Staihed loaves- Local Soil Survey Da FAC-Meuiral Test-x Other (Explain in Remarks) Remarks SOILS Map Unit Name (Senes and phase) Lake Beaches Taxonomy (Subgroup) not known Drainage Claw; very poor Confirm Mapped Type? n/a Profile Oescnptipn Depth Horizon* 1 -4’ 4-e* 8- 18* Texture Structure M atrix Qgtorl moist) 10YR4/2 tOYR5/1 10YR2/1 Mottle Colorsfmoisti Mottle Abundance/Cofitraat Concretro 10YR3/4 10YR4/6 10YR3/4 1 %/lei nt 20%/prominem 50%/di$tinct ainyday silty day silty clay Aqutc or Predquic Moisture Regime: • not determined as investigator is not certified soils scientist. Hvdric Soil Indicators Organic soils. Histic Epipedon Sutfidie material: Iron Or Manganese Concretions High Orga>Vic content in Surface Layer in Sandy Soils; Reducing Conditions (Cor^Hrmed by Measurement) Gieyed. Low Chroma, and Low-Chroma mottled Soils x Other (Explain m remarks) Remarks l^NDSCAPE POSITION (See attached diagram showing location of sampling point on landscape) wetland DETERMINATION Hydrophytic Vegetation Present’ yes Wetland Hydrology Present’ yes Hydnc Soils Present’ yes Remarks; All three parameters present xL-__ Is the samplir%g potn. 'ihin a wetland? yes 01/15/1997 13:12 01/15/1997 13:00 473-4435 5125441761 OjFFiri 3. GPOMBERG WETLEMDT- data DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Delineation Manual) PA'3E U5 Pro)GCt/Sile 3400 Fox SUeet. Orono Appllcenl/Ownef James Fullerton invesWgetor; John C Anderson • ENVlROOATA Do nornnal environmenUl conditions exist"* yas Is the site sionrttcantly disturbed"^ r\o IS the area e potential proDiem area"* no VEGETATION Domiruint Plant Species 1 . Poa pntansis i. etaochsris ootiaa 3 Carex sp A 5 6 7. e. Percent ol Species that are OBUT a C w, and/or fa C ioo Hemartis stratum lodtcator Horb FAC*80 Herb OBL 20 Hem FACloOBL 1 Date- V/24/96 County Hennepin State- MN Rant community I D Type2(PEM1B) Transect I D A Plot I D 0. tl Dominant Plant Soectee Sjratuni Irtflcetpr % 9 to. tt 12 13 14. 15 16. HYDROLOGY Recorded data(<Je«cnt>e »n remarks) • stream or Lake Gaupe • Aerial Prxttooraohs/slides ■ Other . PEMC • NWI. Morsh • DSGS Field Obseivatlont/meaturemenlr Depth ot Surface Water Depth to Free water m Pit; Depth to Saturated Soli: No Recorded Data Available Primary Indicators Inundated- Saturated in Upper 12 inches* Drifl Lir>es* Sediment Deposits* Oralheoe Pattern in \Atetia Secondary IrxJicalors (2 or more required) Oxidised Root Channels in Upper 12 inches* Water-Stained leaves- Local Sell Survey 0 FAC-Neutral Test-x Other (Explain in Remarks) Rerrtarks SOILS Map Unit Name (Series and pheee) Lake Boachea Taxonomy (Subgroup) not knovirn Drainage Oaaa very poor Confirm Mapped Type ’, n/e Mottle Abundance/Contrast 1%/folnt Profile Description Depth Horizon* Matrix Color/moist) Mottle Colofs(moist) 1-17- 10YR2/1 n/a 17V 10YR2/1 10YR3/4 * not determined as invostigaior <s not certified soils scientist Hvdric Soil Indicators Organic, eniis; Hiatic Epipedon SulfWic materia): Aquic or Proaquic Moisture Regime. Iron 0* i\Li% nne6e Concretions High Organic content in Surface Layer in Samdy Soils. ReOuA Conditions (Confirmed by Measurement); Gleyed. Low Chroma, and Low-Chroma mottled Sons x Other (E.-<Dlain in remarks) Remarks LANDSCAPE POSITION (See attached diagram showing locilioh o! sampling point on landscape) Texture. Siructuri Concreti Silty day silty clay WETLAND DETERMINATION Hydfoohytic Vegetation Present^ yes Wetland Hydrology Preseni? yes Hydrie Soils Preaant? y*s Remarks All Three parameters present Is the sampling point within a wetland? yea 01715/1997 13:12 473-4435 COFFIN a GRONBEF'3 01/15/1997 13:00 »il 25441761 VJETLENDS 1'ATA PAGE 06 PAGE 06 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Delineation Manual) Pro}eCt/Site. 3400 Fox Street. Orono ApOlfcantZOwner: James Fullerton investiQator John C Anderson • ENVIRODATA Date- V^4/96 County; Hennepin State; mn Oo normal environmental conditions fixisi*» yes i« the site siQnrticantly disturhed'^ Cro Is the area a potential proPlem area’’ no Plant community 1 0. ; upland Transect i.D ; A Plot I D »' III VEOETATION Dominant Plant Species 1 Poapratensis 2. AJuga reprans 3 4. 5 Stratum Hem Herb Irvlicator FAC* UPL 5fe 50 50 Dominant Plant Soecies Stratum tndicatQf 5^ 6. 7 8 9 10 11. 12 13. 14 15 16. Percent of Species that are OBL FACW, end/or fa C 50 RemarKS. hydrology Recorded ^ta(desccibe in remarks) Stream or Lake Gauge • Aerial Pholographs/siides • Other* Field OOservations/measurements Depth of Surface Watef Depth to Free water in Pit- Depth to Saturated Soil. No Recorded Data Available Primary Irylicalors'lnurxlated* Saturated In Upper 1 2 Inches* Drift Ur^es- Sediment Deposits- Oralnage Pattern in Wetia Secondary indicators (2 or more required) Oxidized Root Channels in Uoper 12 Itxhes- Wa1er*Sl8ined leaves- Local Soil Survey C FAONautral Test* Other (Explain in Remarks) Remarks SOILS Map Unit Name (Series and phase) Haydcn/loem Taxonomy (Subgroup) Typic Hapludatts Drainage Ctoae well Confirm Mapped Type?, ye* Mottle Abundanea/Contraat 1 %/tel nt Profile Description Depth Horizon* Matrix Color/moist) Mottle Colersfmotfitl t-6* 10YB2/1 n/a 6*18*- 10YR3/2 • 10YR4/6 * not determinoj as investigator 15 not certified soils scientist. Hvdnc Soil ti I J.^tors Organic sol's* Histic Epipedon SuMldic materia) Aquic or Pred^ulc Moisture Regime' Iron or Manganese Concretions High Organic content in Surface Layer in Sandy Soils: Reducing Conditions (Confirmed by Measurement): Gleyed. Low Chroma, and Low-Chroma mettled Soil* x Other (Explain in remarks) Remark:*: Texture. Struetufr Conereti loem loam LANDSCAPE POSITION (See attached diagram showing lor aHori of sampling point on landscape ) WETUND DETERMINATION Hydrophytic vegetation Presenr> no wetland Hydrology Prcscnf> no Hydrie Solis Present? no Remarirs. None of three parameters present Is the samplirtg point within a wetland^ no 01/15/1997 13:12 473-4435 r.i 4 / i O/ 1 *5*3 / L ^ l UU COFFIM ,3 GFOMEER'.i WC» I PACnE 01 - t 01 data form ROUTINE WETLAND DETER MIN AT ION (1987 COE OelinMrtion Manual) PfojocUSrta; 8400 Fox Street Orono AppltCar\t/Owner. James Fullerton InvestlQatOf John C AnOerson - ENVIROOATA Do normal envlronniantal conditions exist‘d yes Is the site slgnificoniiy disturbed'’ n© IS in« area a potential problem area ’’ no vegetation Dominant Plant Soecifig 1. Popufus deKordee 2. Rfiamnu9 cBiherttca 3 Ajusja roptans 4. Po9 prelenal$ &. P*flhenoclssu$ incana 6. vitts ripena 7 0 Percent Ot Speciee that are OBL.FACW. ano/or FAC' 40 RemaiKs' Date 7/24/96 County. Hennepin MN h Stratum indicator %jes Tree FAOt 100 9. •Shrub FAO*100 10. Mertj UPL 60 11. Hem FAC-40 12. Hem FACU.ID 13. Hem FACW-too 14 15 10. Plant Commuftlb/10.; upland Transact I D.* A Plot I D a IV CVjmif\ant Plant Species StratutP irttflcalfll 2k HYDROLOGY Recorded data(describe m remarks^ Stream or Lake Geuoe • Aerial Photographs/siides • Oir>e» • Reid Observations/measuremems. Depth ot Surtece Water Depth to Froe Water in Pit; Depth to Saturated Soil No Recorded Data Available Primary Indicators inundated Saiuraled in Upper 12 inches* Ortft Lir«s- Sediment OeooeitS' Oremage Pattern In Wetla Secondary Indicators (2 or morn reoui'ad) Oxidized Root Channels in Upper 12 Inches- Waler-Stalned leaves* Local Sol' Survey D FAC-Neutral Test* father (Explain in Remarks) Remarks SOILS Map Unit Name (Series at%d phase) Haydeo/toam Taxonomy (Subgroup) Typic Hapiudaits Drainage Oase. welt Confirm Mapped Type?, yes Mottle Coiofs(moist) n/a 10YR4/6 Mottle Abundance/Contrast 1%/Teint Profile PescnDtion- Depth Horizon* Matrix Color(moist) 1-6* ‘10YR2/1 6*18* 10YR3/2 * not determined as investigator is not certrfUKl soils scientist Hvdnc Soil tr^ieators Organic soils; Histic Epipedon SulfkJic material Agurc or Preaguic Moietura Regime, iron or Manganese Concretions; High Organic content in Surface Layer m Sandy Soils. Reducing Conditions (Confirmed by Measurement) Gleyed. Low Chroma, and Low-Chrome mottled Soils' x Other (Explain in remarks). Remartts LANDSCAPE POSITION (Seo attached diagram showing location of sampling point on landscape.) WETLAND determination Hydrophytic Vegetation Present? no Wetland Hydrology Present“> no Hydric Soii$ Preserit? no Remarks None of three parameters present T exture. Structur» Concreti loarh loam Is the sampling point wrlthln a wetland? rx> WINSTON LAW OFFICE 4420 IDS Center Miimeapolis, MN 55402 Telephone: (612) 341-9800 FAX: (612)338-6351 TO: MEMORANDUM Fullerton File FROM: John B. Winston DATE: RE: Febrjary 25, 1997 Comparison of Park Dedication Ordinances Orono . Section 11.62 provide.^ a dedication reciuirement of ’’8% of the land being platted" or a "cash contribution . . . equivalent to the fair market value of the equivalent undeveloped land." Minnetonka . Section 420.17, subd. 2, protides a cash contribution in lieu of land in the amount of "S550 per buildable lot" for single dwellings. Wayzata . Section S05.37(i) provides when a cash equivalent is appropriate "each single-family lot is required to pay a minimum of four hundred fifty dollars ($450.00) or seven percent (7')o) of the determined land value, whichever is greater, up to a maximum of two thousand dollars (S2.000.00)." Minnetri.sta. Section 21-411 provides when there is more than one acre per dwelling unit (but les.s than five acres per dwelling unit ), the percentage of land or equivalent market value, .shall be five percent (5%), but .subparagraph 3 pro\'ides "In no event shall the cash payntent e.vceed four thousand one hmidred dollars (S4.100.00) per dwelling miit or zoned density." In summar)^ we have the following limitations on equivalent cash contribution.s as follows: Orono Minnetonka Wavzata Minnetrista 836 of value $550.00 $2,000.00 $4,100.00 90 ’d 19898S8219 ’ON m lil3ddn*N01SNIl1*SN0HIS NOW i6-H-ddy WINSTON LAW OFFICE 4420 IDS CENTER aO SOUTH 6TH STREET MINNEAPOLIS. MINNESOTA 55402 TEL: (^121141-5800 PAX- (AIJ»J<")HN B. WINSTON DIRECT: l612i 341-9313 April 14. 1997 Orono Citv Council Orono Citv Hall Orono, MN 55323 RE: #2204 James G. Fullerton III Request for Prdiminar)’^ Subidivision Approval and Issuance of Conditional Use Permit Dear Councilmembers: In response to Applicam’s present request for preliminar>’ subditision approval. Staff issued its Staff Report on Februar)' 21. 1997. Appended thereto was a proposed Resolution granting Applicant the reqLiested approval, subject to certiiin conditions. Condition No. 13 included the imposition of a park dedication fee: ... Tlte park dedication fee shall be based on S% of the fair market value of the area^value of Lots 1 and 2. Lot 1 is proposed to be 4.22 acies in size, iutd Lot 2 is proposed to be 4.67 in size. Botit Lots front on Stubbs Bay. Lake Minnetonka. Because of the lot size and hikeshore frontage, various park-type opportunities arc available on the Lots themselves, and the occupants of die Lots ivi.U not necessarily be compelled ro leave the Lots for recreational, park-t\'pc activities. On receipt of the Febn.iarv 21, 1997 Staff Report, Applicant's attorney responded widi his letter also dated Febmary 21,1997. In paragraph 7 of the letter we noted: /.Please review Condition No. 13 (the park dedication charge) with die City Attorney. We are concerned that the City's ordinance does not zonform to the requirements of Minnesota Statutes, Section 462.358. subd. 2(b), or of Collis v. City of Bloomington, which iiuerpiets .said statute. Specifically, our concern is that an absolute dcdic.Ttion requirement of 8%. without considering the facts and circumstances of this subdivision, is arbitrarv' as a matter of law. In this regard, a review of the ordinances of neighboring municipalides mav be instmetive. For example, we are aw.are of the Minnetrista dO *d I9e98eedi9 ‘on X9d ia3ddn*N0XSNlM*SN0HIS 91':81 NOW LB-H-W April 14, 1997 Page 2 ordinance based on Subdhision work in that Citv. /Vlr. Radio was involved in that matter, is familiar with the applicable Minnetrista ordmance, and ctm ad\isc the City accordingly. Based on that communication, the subject Application was tabled at the Februaiy 24, 1997 Council heating, and was rescheduled to be heard on March 10, with Staff and the Applic^int’s attorney scheduled to meet oi\ February' 27. The February 27 meeting was held at the Orono City Rail as scheduled. Present ^vcrc die City Administrator, the City Attorney, tlie Building and Zoning Administrator - both outgoing and incoming - and the undersigned, who appeared on behalf of the Applicant. At the meeting. City Staff advi.vcd us that it had received an appraisal of the market value of the two Lots in question. The appraisal was in the amount of $750,000.00. and Staff indicated its intention to collect 8% of that an\ount. or $60,000.00. as a condition to subdivision approval. This equates to $30,000.00 per Lot. In response, we ptovidexi City Staff our memorandiun of Febmary 25, 1997, a copy of w'hich is attached, which describes the park dedication ordinances of neighboring municipalities. As noted in the memorandum, the park dedication fee ordinances range from a low* park dedication fee of $500.00 per lot (\Iinnetonka) to a high park dedication fee of $4,100.00 per lot (Miimetris-ta). These are in comparison to the propo.sed fee of S30.000.00 per lot. The full comparison is as follows: Minnetonka Wavzaia Minnetnsta Orono $500.00 $2,000.00 $4,100.00 530,000.00 When we compared the proposed Orono fee to Wav^ata’s and iVlinnctrista's fees, and observed a variance of 15 to 1 (Wayzata) and 7.3 to I (Minnetnsta). we felt we had no choice but to question the proposed levy of a flat S% fee, and did so. How'ever, we expressed at the time, and have cor.'.inued to so express, the hope that a reasonable compromise could be agreed upon before the matter came on I'm- hearing before the Council. As the March 10 Orono City Council heaving was postponed to March 24, and from March 24 to April 14, without any response from the City, our hopes for eo’d 1989888219 ‘ON m ia3ddn*N01SNII1*SN0HIS 91^:81 HOW L^-n-W April 14, 1997 Page 3 compromise diniinishcd, and we detennined that the only way to bring the matter to a head was to have the hearing proceed tliis evening. We still hope to reach a fair and reasonable resolution of the matter, and are prepared to compromise the matter with the City. We are not interested in compelling the City to le-mite its ordinance, nor are we interested in diallenging the absence of any record supporting the $60,000.00 fee. Instead, in the spirit of comprontise, we have iridicated to the City Attorne)' a willingness to accept the Minnetrista formula ($4,100.00 per lot), and to sign a waiver accepting that assessment. W^c arc prepared to discuss the matter further, and are open to any compromise proposals the City may make in re.sponse. At the same time we wish to move the Application process forward, and, if the actual amount of the park lee cannot be determined tonight, we request preliminary subdivision approval which would leave the amount of the park dedication fee open pending final plat approval, whentve must appear before ihe Council again in any e\^ent. This opeii item Avould be similar to the otlier open items to be re.solved prior to final plat approval, e.g., private covenant for protection of 1'ype 2 wetland (Condition No. 1), devdopei‘'s agreement (Condition Nos. 3. 11 and 12), giant of drainage easement (Condition No. 6) and road and maintenance agreement over Outlot (Submittals E and F). Thank you for considering our requests. We look fotward to a prompt, mutually beneficial resolution of the matter, and are prepared to an.swer any questions you may have this evening. Sincerely, John B. Winston JBW/kra Attachment cc: James G. Fullerton III 1^0 'd 19£98£S319 ’ON XVJ Xil3ddn*N0XSNII1*SN0WIS Xt^:ei NOW X6-H-HdV COUNCLMEETINQ REQUEST FOR COUNCIL ACTl6R^ ^ ^ April 10, 1997 yp Department Approval Administrator Approval: 7 Agenda Section: Zoning Name: Michael P. Gaffron Title: Asst. Planning «S: Zoning Administrator Item Description: #2212 Sidney and Barbara Rebers - Preliminary Subdivision - Conversion from Outlot to Lot Status - Outlot E, Sugar Woods ('2190 ’ Wayzata Boulevard) - Preliminary Plat Approval - Resolution Zoning District:B-1, Retail Sales Business District / RR-IB Single Family Rund Residential, 2 Acre (See Application #2224) Summar>’ of Request: Convert Outlot E, Sugar Woods, to buildable lot status to enable development of the property for commercial use. The key issues are related to access for the lot. List of Exhibits A - Draft Resolution Per Staff Recommendation B - Planning Commission Minutes (Draft) 3-17-97 C - City Engineer Comments 3-13-97 D - Memo & Exhibits of 3-13-97 Summary of Recommendations Staff Planning Commission Require construction and use of frontage road for access to the site, deny use of curb cut on Highway 12, per directives of Comp. Plan and prior Sugar Woods approval conditions. Allow 'temporary' use of right-in, right-out access directly to 12, until further development causes frontage road to be built. Background In 1987 the City adopted Comprehensive Plan Amendment No. 2 (see Exhibit K of 3-13-97 memo) which included the future development of a frontage road between Brown Road and Willow Drive, paralleling Highway 12. The purpose of this planned frontage road was to reduce and/or eliminate access directly to and from Highway 12, for safety and traffic flow reasons. The plat of Sugar Woods, completed in July 1989, included tw'O commercially zoned parcels * April 10,1997 Page 2 #2212 Rcbers - Preliminary Subdivision (Outlets E and F) abutting Highway 12. These two parcels were platted as outlets, rather than as buildable lots, because Mr. Rebers at that time wished to delay decisions regarding future access to the commercial property until such time that it was developed. The Sugar Woods plat conformed to the comprehensive plan by creating Outlet D, a short segment of the future east/west frontage road. Outlet D, however, only provides a corridor from the west boundary of Sugar Woods to the northwest comer of Outlet F. The intent was that at some future time when Outlet F is developed, the remaining frontage road segment eastward to Brown Road would be defined and platted. Outlet D was platted because the City needed a corridor that would traverse the Wear property located between Outlets E and F. Outlet C of East Willow Woods was subsequently platted, providing a corridor connecting from Outlet E of Sugar Woods, westward to Willow Drive for future frontage road. Access is the primary issue with conversion of Sugar Woods Outlet E to buildable lot status. Other issues related to any forthcoming specific proposal for development of Outlet E (applicant notes a bank will be proposed for this site) would be addressed during a commercial site plan review before the Planning Commission and Council, prior to issuance of building permits. It should be noted that Outlet E meets the minimum lot area and width standards for a building site in the B-1 District, hence the only variances which might be needed for its development would be related to specific building and site layout issues. Summary of Access Issues The following issues related to access were identified for discussion by Planning Commission: 1. Given the e.xpected future relocation of Highway 12 in the next 5-10 years, will traffic on the current route be reduced to a level that might eliminate the need for the frontage road? 2. How do the 1995-1996 safety improvements to Highway 12 impact access to Outlot E? Is a shared access with the adjacent Wear property desirable or appropriate? 3. What factors should trigger construction of the frontage road? Should conversion of Outlot E to buildable status be the trigger for construction of the frontage road? Or, should Outlot E be allowed to develop with its only access directly to Highway 12? Highway 12 Relocation Impacts The potential traffic volume impacts of Highway 12 relocation (per the 'Alternate 6 North' plan as embraced by the Long Lake and Orono Councils) on the current corridor are indicated in Mn/DOTs October 1996 T.H. 12 Corridor Proposal Report (Exhibit M). Mn/DOT projects that "through" traffic would use the new bypass, and total traffic volume on the current corridor will experience a April 10, 1997 Page 3 #2212 Rebers - Preliminary Subdivision commensurate decline. Current 1995 ADT for Hwy 12 through Long Lake is about 23,000. Under the 'no-build' option, this will increase to 25,000+ by 2015 with a three-fold increase in traffic on County Road 6. Under 'Alternate 6 North'. Highway 12 traffic will decrease to 14,600 at Brovvm Road by 2015. However, an ADT of 14,600 is still significant traffic volume, and generally a daily traffic volume above 10,000 warrants a limited access 4-lane roadway, with service roads for access to adjacent properties. A second factor impacting traffic in this area will be the relocation of the South Brown Road intersection westward to be directly across from North Brown Road. This is expected to be a semaphored intersection which will provide signalized access. Impact of Recent Highway 12 and Brown Road Safety Improvements The medians and turn lanes established with the 1995-96 Highway 12 safety improvements define specific entry locations that preclude direct access to the applicant's parcel by eastbound traffic. The nearest indirect access would be through the easterly curb cut of the Orono Shopping Center, then cutting through the shopping center parking lot near the gas pumps. The 1995-96 Mn/DOT safety improvement plans anticipate a future curb cut for Outlot E, which due to median locations would be limited to a westbound right-in/right-out access (see Exhibit L). It is not appropriate to allow Outlot E's traffic to cut across the already limited Orono Shopping Center site. A shared curb-cut between the two sites would still be a right-in, right-out only. It is unlikely the medians would be eliminated or moved upon completion of the Highway 12 bypass. It is not appropriate to force eastbound traffic to and fiom Outlot E to have to make U-tums on Highway 12 to gain access to the property. Establisiiment of a new use that would force traffic to make U-tums on Highway 12 at this location would lead to an unsafe condition that does not fiirther the health, safety and welfare of the public. Comprehensive Plan Amendment No. 2 specifically addresses road improvements needed prior to development of the commercial corridor: "Prior to the development of the commercial portion of this property, the existing intersection at Brown Road and Highway 12 shall be improved so that safety concerns associated with the current use and future increased use of this intersection are addressed. Configuration of the frontage road and North Brown Road would be detemiined at the time of development." Orono's 1994-95 reconstmetion of Brown Road alleviated alignment concerns with the 12/Brown intersection. Brown Road will not, however, be the preferred location for frontage road access until a semaphore is installed. April 10, 1997 Page 4 #2212 Rebers - Preliminary Subdivision The City’s preferred access solution for Outlot E is development of the planned frontage road, bringing all traffic to the semaphored intersection at Willow Drive and eventually to the future semaphored Brown Road intersection. 1989 Sugar Woods Approval Conditions Approval Condition H of Sugar Woods final plat approval Resolution No. 2653 (Exhibit J) indicates that a road will be de\ . .i jped within Outlot D at the time of the development of Outlots E or F or the development of the Wear property, unless the City has obtained an alternate legal access through Outlot E to the Wear property. The preliminary plat approval Resolution No. 2554 also indicates that the access road will be fully installed at the time of either the applicant’s development of the commercial corridor or as a result of ’’any other condition that may require the installation of the road prior to applicant’s development of the commercial corridor". These two conditions of approval, then, indicate that installation of a road segment in Outlot D must be concurrent with development of Outlot E. Easement Limitations The City was granted road and utility easements over the East Willow Woods and Sugar Woods frontage road segments when each was platted, although both road outlots remain in ownership of the respective developers. The City has the right to build a road within Outlots C and D subject to specific limiting conditions of the easements (sec Exhibits G and H) which appear to complicate matters. The City’s easement for Outlot C East Willow Woods states that no road shall be constructed until: 1. 2. The owner of Outlot C, East Willow Woods, requests that it be built; or Until such time that an east/west frontage road is constructed from Willow Drive all the way to BrowTi Road with southerly extensions from Sugar Woods to Highway 12 and another southerly extension southward to line up with Brimhall Lane; or 3.Upon rezoning of the two residential properties north of East Willow Woods, to commercial; or 4.Upon development of Otten’s easterly parcel as a separate entity from the currently developed w'esterly parcel, unless the City determines that the easterly parcel doesn’t need such access. The City’s easement over Outlot D of Sugar Woods states that the City can’t install a road in Outlot D until a building pemiit has been issued for Outlot E (in which case only a segment directly behind I i^m rJM-■ ■ MiT*!• I I llllUl >11 ■ ■ 11 >J April 10, 1997 Page 5 #2212 Rebers - Preliminar>’ Subdivision Outlet E is allowed to be constructed) or for Outlet F, in which case the road may extend the full length of Outlet D. Also, that easement requires that any road built by the City in Outlet D must have its southern edge abutting (or south of) the south boundary of Outlet D, to protect the Sugar Woods residential development. Development only within Outlet E, then, appears to allow the City to construct a 150' segment of frontage road across the north side of Outlet E in Outlet D, but does not apparently trigger or give the City the ability to develop the remaining portions of the frontage road further eastward. And, the easement over Otten’s Outlet C appears to preclude its development as road until the snliie frontage road is built from Brown to Willow. A 150 ’ segment of frontage road at the rear of Outlet E with no clear indication of when that road will be completed, may be less than desirable. How Does Access Location Impact Development of Outlot E? Any business development within Outlot E will tend to be oriented toward the primary access to the property. If the City intends to eventually eliminate direct access to current Highway 12 and have all access directed to a frontage road, as is indicated in the Comprehensive Plan, then a developer of Outlot E might want to orient his building towards the future frontage road. If the City caimot define when that frontage road will be developed, the developer's only reasonable option is to orient his buildings to the southerly access. It may be possible for certain types of businesses to be oriented such that access could come from either or both north and sonth directions. The limitations of a right-in, right-out access suggest that a rear frontage road access would be of benefit to any business on Outlot E. Additional Right-of-Wa>, Easements Needed The City’s intent with this frontage road corridor was originally to have it also^ serv'e as a trail corridor, hence a 60 ’ right-of-way width was established rather than the normal 50 ’. A width of 60' was platted in Outlot C of East Willow Woods. However, Outlot D is 60 ’ in width at the west end but tapers to only 40' at its east end. At the east boundarj’ of Outlot E, an additional 7.05' of width is required in order to maintain a 60' width. This additional triangle of right-of-way should be platted at this time, with road/utility/drainage easements granted. The City Engineer has indicated that a drainage and utilities easement over Outlot D should also be granted for future use, since that was not dene when Outlot D was platted. It is appropriate to request that as part of this application. Drainage Applicant must provide City with infonnation confirming that the stonnwater pond constructed in 1989 to serve the Sugar Woods residential and commercial development is still viable, given its April 10, 1997 Page 6 #2212 Rebers - Preliminary Suboivision acquisition by Mn/DOT. If not, then applicant must provide a stormwater plan for development of Outlot E. Staff Recommendation Staff recommends approval of conversion of Outlot E to buildable lot status as Lot 1 , Block 1 , Sugar Woods Second Addition or ly under the following conditions: 1. 2. 4. 5. Lot 1 shall have no direct access to Highway 12, and shu ’ not access directly to 12 via the adjacent Wear property. Lot 1 shall access to the defined frontage road at the rear of the property. Development within Lot 1 will not be allowed until the following has occurred: a. b. Frontage road within Outlot D, Sugar Woods, has been constructed and opened for traffic, and Frontage road connection has been constructed and opened for traffic from Outlot D to either Brown Road via frontage road within Sugar Woods Outlot F or to Willow Drive via frontage road within Outlot C, East Willow Woods. 3. Applicant shall grant the City a drainage, utility and trail easement over Outlot D. A triangular segment of right-of-way shall be platted as an outlot per Exhibit N of 3-13-97 memo, and applicant shall grant to the City road, trail, drainage and utilities easements over said outlot. Applicant shall provide confirmation that the existing stormwater pond is viable to serve Lot 1, or shall provide a new comprehensive stormwater plan for Lot 1 and Outlot F, subject to approval of the Minnehaha Creek Watershed District and the City Engineer. 6. Subject to the standard 10' perimeter drainage and utility easements. 7. Subject to Park Dedication requirements of Section 11.62. Planning Commission Recommendation Please review the March 17 draft Planning Commission minutes. Planning Commission gave this item considerable discussion, receiving a number of comment from the applicants and his April 10, 1997 Page 7 #2212 Rebers - Preliminary Subdivision attorney. Planning Commission voted 5-0 to recommend preliminary plat approval subject to the following: Right-in, right-out access is acceptable for development of Outlot E (Lot 1) subject to mture elimination of said access as noted below. 1. 2.Applicant shall pay costs of future road and/or bike trail on the north side of the property (in Outlot D) when the road and/or bike trail are developed. 3.Applicant to plat the additional triangular portion of right-of-way and grant the appropriate road/trail/drainage/utility easements over it as well as drainage and utilities easements over Outlot D. 4.Owner of Outlot E (Lot 1) shall be bound by whatever access requirements the City establishes at the time of further development along the Highway 12 corridor (i.e. when Outlot F develops, or whe»' Fast Willow Woods Lot 2 is developed). 5.At the time a frontage road to the rear of Outlot E (Lot 1) is developed, the right- in, right-out access to 12 must be eUminated. Planning Commission also suggested that applicant investigate the possibility of a shared curb cut with the Wear property, as well as the possibility of creating an access across from Brimhall Avenue which would serve both Outlot E and the East Willow Woods future development. Summary of Staff and Planning Commission Recommendations The Planning Commission recommendation is to allow the development of Outlot E prior to construction of the frontage road, allowing temporary use of a right-in, right-out access directly to Highway 12 until such time as a frontage road is constructed as a result of development of commercial properties to the east or west. Staff recommends that the development of Outlot E not be allowed until a frontage road is constructed to either Willow Drive or Brown Road, which are/will be signalized intersections. The option of accessing directly across from Brimhall is not preferred by staff because it would add uncontrolled cross traffic at a point midway between two signalized intersections. The use of right-in, right-out access to this site on a temporary basis would not be in keeping with the City's Comprehensive Plan and would in staff's opinion create an unsafe condition. COUNCIL ACTION REQUESTED: Adopt attached preliminary plat approval resolution per staff recommendation direct staff to draft a resolution per Planning Commission recommendation. i A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS IISUBDIMSION FOR PROPERTY LOCATED AT 2190 WAYZATA BOULEVARD - FILE NO. 2212 WHEREAS, Sidney and Barbara Rebers (hereinafter the "applicants") on February 19, 1997, filed a formal subdivision application with the City of Orono (hereinafter "City") for approval of a replat of property legally described as: Outlot E, Sugar Woods, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, this replat is proposed for the purpose of converting said Outlot E to buildable lot status in order that the property may be developed, as required by the City as a condition of the plat of Sugar Woods; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on March 17, 1997, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on April 14, 1997, the Orono City Council considered the subdivision application of the applicant noting the following findings of fact: 1.The property is located within the B-1 Retail Sales Business Zoning District requiring a minimum lot area of 20,000 s.f. and a minimum lot width of 100'. 2.The property contains a total area of 41,612 s.f. and has a defined width of approximately 146'. 3.The proposed plat consists of one commercial lot meeting the minimum lot standard requirements of the B-1 Zoning District. 4. The property is served by municipal sewer and water. Page 1 of 8 A 5. 6. 7. 8. The properly abuts U.S. Highway 12 as well as Outlet D, Sugar Woods, a segment of a future frontage road corridor platted within Sugar Woods. In 1987 the City adopted Comprehensive Plan Amendment No. 2 which planned for the future development of a frontage road between Brown Road and Willow Drive, paralleling Highway 12. The purpose of this planned frontage road is to reduce and/or eliminate access directly to and from Highway 12, generally for safety and traffic flow reasons. Comprehensive Plan Amendment No. 2 specifically addresses road improvements needed prior to development of the commercial corridor: "Prior to the development of the commercial portion of this property, the existing intersection at BrowTi Road and Highway 12 shall be improved so that safety concerns associated with the current use and future increased use of this intersection arc addressed. Configuration of the frontage road and North Browm Road would be determined at the time of development." Orono’s 1994-95 reconstruction of Brown Road alleviated alignment concerns with the 12/Brown intersection, and Mn/DOPs 1995-96 safety improvements on Highway 12 similarly alleviated a number of safety concerns. The plat of Sugar Woods, completed in July 1989, included two commercially zoned parcels (Outlots E and F) abutting Highway 12. These two parcels were platted as outlots, rather than as buildable lots, because applicant at that time wished to delay decisions regarding future access to the commercial property until such time that it was developed. The Sugar Woods plat conformed to the comprehensive plan by creating Outlot D, a short segment of the future east/west frontage road. Outlot D, however, only provides a corridor from the west boundary of Sugar Woods to the northwest corner of Outlot F. The intent was that at some future time when Outlot F is developed, the remaining frontage road segment eastward to Brown Road would be defined and platted. Page 2 of8 f . 9.. 10. 11. 12. Condition #4 of Sugar Woods Final Plat Approval Resolution No. 2653 requires that the frontage road be installed at the time of the development of Outlets E or F. Sugar Woods Preliminar)^ Plat Approval Resolution No. 2554 states that Outlet D is to be fully developed at the time of development of the commercial corridor. Outlet C of East Willow Woods was subsequently platted, providing a corridor connecting from the west boundaiy of Sugar Woods, westward to Willow Drive for future frontage road. The City road and utility casements over Outlot C, East Willow Woods and Outlot D, Sugar Woods (each of which remains in ownership of the respective developers) grant the City a right to build a road within those Outlets subject to specific conditions and limitations. The easement conditions indicate that development only within Outlot E merely allows the City to construct a 150' segment of frontage road across the north side of Outlot E in Outlot D, but does not necessarily allow development of the remaining portions of the frontage road further eastward. The easement over East Willow Woods Outlot C appears to preclude its development as road until the entire frontage road is built from Brown to Willow. A 150' segment of frontage road constructed at the rear of Outlot E with no connection to Brown Road or Willow Drive and with no clear indication of when that road will be completed, is undesirable. Factors which support the need for frontage road access to Outlot E and denial of direct access of Outlot E to Highway 12 include the following: a. The potential traffic volume impacts of Highway 12 relocation (per the 'Alternate 6 North' plan as embraced by the Long Lake and Orono Councils) on the current Highway 12 corridor are indicated in Mn/DOT's October 1996 T.H. 12 Corridor Proposal Report. Mn/DOT projects that "through" traffic would use the new bypass, and total trafiic volume on the current corridor will experience a commensurate decline. Current 1995 ADT for Hwy 12 through Long Lake is about 23,000. Under the 'no-build' option, this will increase to 25,000+ by 2015 Page 3 of 8 A 13. with a three-fold increase in traffic on County Road 6. Under 'Alternate 6 North', Highway 12 traffic will decrease to 14,600 at Brown Road by 2015. However, an ADT of 14,600 is still significant traffic volume, and generally a daily traffic volume above 10,000 warrants a limited access 4-lane roadway, with service roads for access to adjacent properties. b. The medians and turn lanes established with the 1995-96 Highway 12 safety improvements define specific entry locations that preclude direct access to applicant's parcel by eastbound traffic, unless that traffic accesses through the easterly curb cut of the Orono Shopping Center, and then cuts through the shopping center parking lot near the gas pumps. It is not appropriate to allow Outlot E's traffic to cut across the already limited Orono Shopping Center site. c. The 1995-96 Mn/DOT safety improvement plans anticipate a future curb cut for Outlot E, which due to median locations would have to be a right- in/right-out access. It is not appropriate to force eastbound traffic to and from Outlot E to have to make U-tums on Highway 12 to gain access to the property. Establishment of a new use that would force the use of U-tums on Highway 12 at this location would lead to an unsafe condition and would not be furthering the health, safety and welfare of the public. d. The limitations on Outlot E's access due to the 1995-96 safety improvements suggest that a rear frontage road access will be of benefit to Outlot E. Since a semaphore currently exists at Willow Drive, it is appropriate from a traffic flow standpoint to develop the frontage road westward from Outlot E to Willow Drive prior to development on Outlot E. Any business development within Outlot E will tend to be oriented toward the primary access to the propert>'. Based on the City's Comprehensive Plan, direct access to current Highway 12 is intended to be eliminated and all access directed to the frontage road. A developer of Outlot E will likely orient any new building towards the primary access road, hence that access should be defined prior to development occurring. 14. Outlot D, Sugar Woods, is intended to serve as a trail corridor as well as a Page 4 of 8 15. 16. frontage road corridor, and therefore requires a continuous width of 60' in order to accomodate both uses. Outlot D currently is 60' in width at the west end but tapers to a width of 40' at its east end. Additic.ial right-of-way is needed by the City via creation of an additional Outlot and granting of drainage, utility, road and trail easements in order that the 60' corridor be provided. The City Engineer has additionally recommended that a 5' drainage and utility easement be granted along the south side of the added right-of-way outlot, within proposed Lot 1. The easement granting the City rights to develop a frontage road in Outlot D does not grant an easement for drainage or utilities purposes, which is necessary' in order for the City to use it for the intended purpose. Proposed Lot 1 is subject to the Park Dedication requirements of Municipal Code Section 11.62. 17. Any development proposed within proposed Lot 1 will be subject to a commercial site plan review process before the Planning Commission and City Council. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Sidney and Barbara Rebers per plat drawings by Wayne D. Cordes, a licensed surveyor employed by BRW, Inc. dated March 4, 1997, for the conversion of Outlot E, Sugar Woods to Lot 1, Block 1, Sugar Woods 2nd Addition, subject to the following conditions: 1* •Lot 1 shall have no direct access to Highway 12, and shall not access directly to 12 via the adjacent Wear property. Lot 1 shall access to the defined frontage road at the rear of the property. 2. Development within Lot 1 will not be allowed until the following has occurred: a. Frontage road within Outlot D, Sugar Woods, has been constructed and opened for traffic, and b. Frontage road connection has been constructed and opened for Page 5 of 8 5. 6. 7. traffic from Outlot D to either Brown Road via frontage road within Sugar Woods Outlot F or to Willow Drive via frontage road within Outlot C, East Willow Woods. 4. Applicant shall grant the City a drainage, utility and trail easement over Outlot D. A triangular segment of right-of-way shall be platted as an outlot per Exhibit A attached, and applicant shall grant to the City road, trail, drainagf and utilities easements over said outlot. Applicant shall provide confimiation that the existing stormwater pond is viable to serve Lot 1, or shall provide a new comprehensive stormwater plan for Lot 1 and Outlot F, subject to approval of the Minnehaha Creek Watershed District and the City Engineer. Applicant is hereby advised that preliminary subdivision approval will expire within one year of the date of Council approval, on April 14, 1998. Should applicant fail to complete the filing of the final plat application within the year deadline, it shall be necessary for applicant to file a new preliminaiy subdivision application with the City. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1.Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminaiy' survey by Wayne D. Cordes dated March 4, 1997. B. Dedication of drainage and utility easements 10' wide along the exterior Page 6 of 8 i 4 boundaries of property. F. Designation of Outlot A per Exhibit A attached, to serve a^ an expansion of the frontage road corridor. 2. Legal documents required: A. Title opinion addressed to the City. All o\NTiers, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. Signed and executed road, trail, utility and drainage easement over Outlot A. Signed and e.xecuted trail, drainage and utility easement over Outlot D, Sugar Woods. 5. Fees to be paid: Total due: $ 200.00* A.. Legal review and filing fees for subdivision and associated documents $200.00 B.*Park dedication fee, the amount of which shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The applicant shall be advised as soon as Assessor's report has been filed with City. Park dedication fee shall be based on 8% of the fair market value of land within Lot 1. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 14th day of April, 1997. Page 7 of 8 1 i ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this __ day of , 199_, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 8 of 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17,1997 ■ 4-10'*>7 (#6 - #2214 Richard Kozicky - Continued) The applicant asked for a recommendation regarding the driveway configuration. Gappa said he would assist the applicant with making that determination. Lindquist asked the applicant to work with Staff regarding changes to the proposal from the input given at the meeting. Mrs. Ko2ucky said she understood the Commission to recommend less structure as being more desirable than less hardcover. Commissioners agreed. McMillan suggested tradeoffs be considered. Smith moved, Berg seconded, to table Application #2214 to the April meeting. Vote: Ayes 5, Nays 0. (#2) 7:30 P.M. - #2212 SIDNEY AND BARBARA REBERS, 2080/2190 WAYZATA BLm - PRELIMINARY SUBDIVISION, CLASS UI - 7:42-8:57 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Gaffron reported that the application is a request to convert Outlot E, Sugar Woods, to buildable lot status to enable development of the property for commercial use. Outlots E and F were created when Sugar W^oods was platted. The intention was to eliminate the need to detail the development of the primarily commercially zoned property until a future date. Outlot E is zoned B-1 (see rezoning. Agenda Item #3). The 1987 Comprehensive Plan Amendment No. 2 included the future development of a frontage road between Brown Road and Willow Drive, paralleling Highway 12, to eliminate direct access to Hwy 12. Outlots E and F in the 1989 plat of Sugar Woods need to be converted for this to occur. The Sugar Woods plat conformed to the comprehensive plan by the creation of Outlot D, a short segment of the future east/west frontage road corridor. This only provides a corridor from the west boundary of Sugar Woods to the northwest comer of Outlot F. Outlot F would continue the corridor when developed. Outlot C of East Willow Woods was then created providing a corridor connecting the west side of Sugar Woods westward to Willow Drive. The corridor was platted and the City has an easement over it. The issue of converting the subject property to buildable status relates to the access issue and is identified as follows: 1) Should Outlot E be allowed to develop with its only access directly to Highway 12? MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#2 - #2212 Sidney and Barbara Rebers - Continued) 2) How do the 1995-96 safety improvements to Hvvy 12 impact access to Outlot E? Is a shared access with adjacent Wear property necessary? Stoddard was informed that there would be no effect on the Wear property’s gas pump access as there is a third access. However, this does not solve the access issue for the east boundary property as it would require r.iaking U-turns which is not deemed desirable by the City. 3) Will the expected future relocation of Hwy 12 in the next 5-10 years effectively reduce the amount of traffic on e.xisting Hwy 12 to eliminate the need for a frontage road? 4) If the traffic levels are not reduced, should the conversion of Outlot E to buildable status be the trigger for construction of the frontage road? Gaffron cited the potential traffic volume impacts of the Highway 12 relocation. It was noted that Mn/DOT projects through traffic will use the new bypass and the traffic on the current corridor will decline. The current Hw>’ 12 traffic through Long Lake is 23,000 cars per day. Under the "no build" option, the traffic would increase to 25,000 by 2015 with a three-fold increase on CoRd 6. Under the "Alternate 6 North" plan, Hwy 12 traffic is e.xpected to decline to 14,600 cars by the year 2015 This traffic level is still significant considering a daily traffic volume above 10,000 cars generally requires a limited access 4- lane roadway with service roads. Hvvy 12 is projected to remain tw'O lanes onl>. The Hwy 12 safety improvement plans included medians and turn lanes which preclude direct access to the applicant’s parcel by eastbound traffic unless through the easterly Orono Shopping Center access. The City feels it would not be appropriate to allow Outlot E's traffic to use that access. An anticipated future curb cut for Outlot E would be a right-in/right-out access and would necessitate U-turns for eastbound traffic which the City deems inappropriate. Gaffron said the City does not believe modifications will be made to the median in the friture to provide eastbound ingress/egress directly to Outlot E. Gaffron reported that the City’s preference for a frontage road would reduce/eliminate direct access to Hwy 12 and bring the traffic to a semaphored intersection at either Brown Road or Willow Drive. The preliminary plat of Sugar Woods was conditioned on the frontage road being fully installed at the time of either the applicant's developrnem olthe commercial corrir.or or as a result of other conditions requiring the installation of the road prior to the development of the commercial corridor. The conditions of the Sugar Woods plat approval resolution indicate that installation of a road segment in Outlot D must be concurrent wdth development of Outlot E. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (U2 - #2212 Sidney and Barbara Rebers - Continued) Gafiron indicated that the City was granted road and utility easements over the East Willow Woods and Sugar Woods frontage road segments when platted but ownership of the outlots remains with the respective developers. The specific conditions of the ea^>cment j allowing the City the right to build the road within Outlots C and D are limited. The Otten easement states that no road shall be constructed until the following occurs; 1) The owner of Outlot C, East Willow Woods, requests it to be built; or 2) Until an east/west frontage road is constructed from Willow Drive to Brown Road with southerly extensions from Sugar Woods to Hwy 12 and another lining up with Brimhall Lane; or 3) Upon rezoning of the two residential properties north of East Willow Woods to commercial; or 4) Upon development of Otten's easterly parcel as a separate entity from the currently developed westerly parcel, unless the City determines that no access is required for the easterly parcel. A right-in access currently exists from Willow Drive to the Otten property. Gafrron further explained the limitations of the City's Sugar Woods easement in relation to occurrences on the outlots. The development over Outlot E allows the construction of a 150' segment of frontage road adjacent to Outlot E. The easement over Otten's Outlot C precludes the segment of road until the entire frontage road is built from Brown to Willow. Gaffron questioned whether a 150' segment of frontage road would be desirable. The access impact on business development of Outlot E will likely determine how the buildings will be oriented. As a result, the developer will need to know whether or not the frontage road will occur. If that is unknown, the buildings would likely be oriented to the south. It was noted that since a semaphore currently exists at Willow, it would be appropriate from a traffic flow standpoint to develop the service road westward from Outlot E to Willow Drive prior to the development on Outlot E to eliminate the U-turn problem. Gaffron indicated that additional items to consider include a trail corridor. The existing sidewalk pathway on the north side of Hwy 12 is not the trail that was envisioned for the area. To maintain 60' of roadway to allow a trail to be constructed would require an additional triangle of right-of-way to be platted at this time with road/utility/drainage easements granted. GaSron noted the City Engineer has requested drainage and utility easements be granted over Outlot D since this did not occur when Outlot D was platted. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#2 - #2212 Sidney and Barbara Rebers - Continued) Gaffron informed the Planning Commissioners that Staff recommends approval of the conversion of Outlot E to buildable lot status under conditions 1-5 as noted in the Staff memo. The applicant’s representative, Steve Pflam related the history behind the subject property as it relates to development of Sugar Woods and Highway 12. He indicated that the service road has been opposed to by the property owners. This opposition is indicated by the number of conditions placed upon the outlets and their future development. Pflam indicated the property owner, Mr. Sid Rebers, has a potential buyer of the property who would like to maintain the existing access. Rebers does not want to pay for the frontage road. Pflam said Rebers believes he has legal access to Hwy 12 which would not preclude the City from building the service road or eliminatmg access to either. Pflam said the issue is one of restricting property by the placement of conditions relating to a frontage road. He also believes the property owner should not be assessed for the frontage road as it would be a public road connecting to other public roads. Pflam believes the purpose for the frontage road is eliminated by the relocation of Hwy 12. Pflam does not believe the lot status should be tied to the frontage road. Pflam said the issue of the median can be addressed by addressing the triangular piece of land owned by Mn/DOT and allowing access from Brimhall Lane to Hwy 12. Lindquist inquired about the curb cut from Hwy 12 into the property. Gaffron said the Hwy 12 improvement plan notes the 1979 curb cut but does not define the location of the curb cut. Mr. Rebers said the original curb cut included a cut to Outlot F, originally for access to a residential property owned by Hazel Meyers and was moved to Outlot E. He indicated there is still a curb cut to Brown Road but an increase to the size of the holding pond would restrict the curb cut. Rebers said he had planted a buffer of trees between the residential and commercial areas, and the frontage road would be forced to run along the yards of the homes in Sugar Woods He reported having had many offers to purchase the property but has w'aited to sell until receiving an offer from a compatible use like the bank ♦o protect the sensitivity of the area. Rebers noted the service road by the Otten property nearly touches Dickev Lane to the north. Rebers indicated the highway department has said no more improvements would occur on Brown Road in regards to a stoplight and indicated U-turns are legal if no postings are made. Rebers said he does not wish access to enter his property from the Wear property. During public comments, Cliff Otten indicated he did not want a service road. He noted the service road was considered due to the future development of Hwy 12. He had requested the road be placed to the rear of his property but he feels this was a mistake as he subsequently lost 30' to the Hwy 12 safety improvements. Otten said he does not believe the need for the service road exists any longer. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#2 - #2212 Sidney and Barbara Rebers - Continued) Pflam asked the City to wait for development of Outlet F to occur. He noted the ideal use of that property would be a single office building which is being considered. He said access for such a building could come from Brown Road with a cul-de-sac to the building. The easement would still exist if a future need was determined. Council Member Flint questioned where the trail would be placed if the road was not built. Otten did not see the need for the trail with the existing sidewalk. Flint reiterated the sidewalk was a temporary solution and did not have the required trail width. Pflam was of the opinion that the trail could be built by Hwy 12. Stoddard asked what the City’s intention was for building the frontage road. Gaffion said the Comprehensive Plan called for the road as a parallel corridor to Hwy 12 in response to the increasing traffic load and to eliminate direct access onto Hwy 12. Gaffion said the traffic will continue to increase forcing U-tums to occur which is not desired by the City. He noted the existing problems with access on and off Hwy 12. Gaffion said it may be reasonable to construct the frontage road from Willow Drive to the outlot noting there will be financial and easement limitations. McMillan inquired if the applicant envisioned two accesses to Outlot F from Hwy 12 and Brow'n Road. Pflam said both accesses were possibilities and two separate legal accesses exist, one at 2160 Wayzata Blvd. and one along Hwy 12. Lindquist read a letter into the minutes from the City Engineer indicating the need for roadway and utility easements. The City Engineer noted the existing plans for the east- west frontage road and indicated development should be tied into the plans. Rebers said he is concerned with the location of a service road near the residential lots and impacts on safety. Smith inquired if there was the ability to make additional changes to Hwy 12 as it exists today for a front access. Gaffion said no. He indicated the lack of a defined road corridor through Outlot F leaves the possibility to develop where desired and attempt to attract the type of buyers that would benefit the property. Gaffion said it is Mn/DOT s intention to create a right-in, right-out access for Outlot E with no changes to the medians or a service road. The question is whether development of Outlot E should occur prior to the service road being built. McMillan questioned whether there was a possibility for a spur road aligning with Brimhall Lane to Hwy 12 without a left turn lane. Gaffion said the road was widened at that point which would allow the possibility of a left turn lane. McMillan was of the opinion that this would be a good alternative. She would like the service road to be platted in case use intensifies in the future. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#2 - #2212 Sidney and Barbara Rebers - Continued) Berg asked the size of Outlet F and its intended use. Rebers said the property was 6.6 acres. When questioned whether he would focus on a use that would generate low traffic, Rebers said he envisions an additional perimeter buffer to save trees and impose a building setback larger than the 30' setback allowed. His intent is not to maximize the use of the land. Stoddard was informed of the number of U-tum areas along Hwy 12. The Planning Commission discussed the number of options relating to right-in, right-out access, U-turns, access from Brown Road, and triggers for future development, (^ffiron inquired if the development of Outlet E should be the trigger as noted in the conditions of •rrar Woods or if the Commission was satisfied with Outlet F being the trigger. Stoddard moved, McMiUan seconded, to approve Application #2212 with approval for a ri<»ht-in, right-out curb cut subject to applicant being required to pay for any future road or bike trail on the north side of said lot. Lot 1 would be subject to utiUty and drainage easements continu'mg along Outlet D and subject to any future development between Willow Drive and Brown Road along the Hwy 12 corridor. The applicant would be bound by the City's requirements for road access. The right-in, right-out access would be eliminated when the frontage road is built. McMillan questioned whether the motion was too restrictive and if the option of aligning with Brimhall could be reviewed to allow for total crossing of Hwy 12, which would benefit safety. Stoddard did not recommend amending the motion but said applicant could discuss the possibility with Mn/DOT. Pflam said the applicant was negotiating with Mn/DOT regarding the pond and could consider the Brimhall option. Cliff Otten said he would offer his support of the Brimhall option. Smith inquired if a shared curb cut could occur with a bank and the Wear property. Gaffron said Wear would have to be consulted, and there were possible safety concerns, Vote: Ayes 5, Nays 0. (#3) 7:45 P.M. - #2224 CITY OF ORONO, 2080/2160/2190 WAYZATA BLVD. REZONBSG - 8:58-9:00 P.M. The Affidavit of Publication and Certificate of Mailing were noted. ^ I Bonestroo Rosene ^5 Anderlik & |\ I Associates Engineers & Architects Bonestroo. Rosene. Anderlik ,ind Associates, tnc. is ^n Affirmative Action/Equai Opportunity Employer Principals Otio G Bonestroo. PE. • Joseph C. Anderlik. PE • Marvin L Sorvafa. PE • Richard E Turner. P.£. • Gienn R. Cook. PE. • Thomas E Noyes. PE • Robert G Schunicht PE • Jerry A Bourdon. PE • Robert W Rosene. PE and Susan M Ebcrim. C PA . Senior Consultants Associate Principals Howard A Sanford. PE • Keith A Gordon. P£ • Robert R Pfcfferle. PE. • Richard W Foster. PE • David O Loskota. PE • Robert C Russek. A l A • Mark A Hanson. PF. • Michael T Rautmann. 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. Wiilmar and St Cloud. MN • Mequon. Wl * March 13. 1997 Mr. Michael P. Gaffron, Asst. Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Sid Rebers File No. 139-2122 Dear Mike, crrvof WAR 1 ’ We have reviewed the proposal to convert Outlet E, Sugar Woods to buildable lot status (Lot 1, Block 1, Sugar Woods 2nd Addition) to enable development of the property for commercial use. The property is located 0.25 miles west of Brown Road along the north side of Highway 12. We have the following comments in regards to engineering matters. An additional strip of roadway ea.sement is needed at the north end of the property to continue a 60- foot width along Outlot D. The ea.sement would begin at the northwest comer of Outlot E, thence easterly to a point on the east line of Outlot E distant 7.05 feet southerly from the northeast corner thereof. The description of the roadway easement should also include use for utility purposes. A 5-foot wide drainage and utility easement should be located along the south edge of the roadway casement. The City has long planned for an east-west frontage road between North Brown Road and Old Crystal Bay Road to reduce access to Highway 12. We would recommend that the development of this site be tied to the contruction of the frontage road. When this road is completed, the commercial area along the north side of Highway 12 would access to the north. The developer should agree to construct the road along the north property line as a condition of approval. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul, MN 55113-3898 ■ 612-636-4600 To: From: Date: Subject: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Assistant Planning & Zoning Administrator March 13, 1997 #2212 Sidney and Barbara Rebers - Preliminary Subdivision - Conversion from Outlot to Lot Status - Outlot E, Sugar Woods ('2190' Wayzata Boulevard) - Public Hearing Zoning District:B-1, Retail Sales Business District / RR-IB Single Family Rural Residential, 2 Acre (See Application #2224) Summary of Request: Convert Outlot E, Sugar Woods, to buildable lot status to enable development of the property for commercial use. The key issues are related to access for the lot. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Preliminary Plat Drawings/Survey E - Enlarged Current Plat Map F - Original Plat Drawings, 1988 G - Outlot D Easement/Conditions H - East Willow Woods Outlot C Easement Conditions I “ E.xcerpts from Sugar Woods Prelim. Plat Resolution No. 2554 (12/12/88) J - Excerpt from Sugar Woods Final Plat Resolution No. 2653 (7/10/89) K - Comprehensive Plan Amendment No. 2 - Excerpts L - 1995-96 Safety Improvements Plan - Excerpt M - Mn/DOT October 1996 T.H. 12 Corridor Proposal Report (Excerpts) N - Sketch - Additional R.O.W. Needed for Frontage Road Background In 1987 the City adopted Comprehensive Plan Amendment No. 2 (see Exhibit K) which included the future development of a frontage road between Brown Road and Willow Drive, paralleling Highway 12. The purpose of this planned frontage road was to reduce and/or eliminate access directly to and from Highway 12, generally for safety and traffic flow reasons. The plat of Sugar Woods, completed in July 1989, included two commercially zoned parcels (Outlots E and F) abutting Highway 12. These two parcels were platted as outlets, rather than r March 13, 1997 Page 2 #2212 Rebers - Preliminary Subdivision as buildable lots, because Mr. Rebers at that time wished to delay decisions regarding future access to the commercial property until such time that it was developed. The Sugar Woods plat conformed to the comprehensive plan by creating Outlot D, a short segment of the future east/west frontage road. Outlot D, however, only provides a corridor from the west boundary of Sugar Woods to the northwest comer of Outlot F. The intent was that at some future time when Outlot F is developed, the remaining frontage road segment eastward to Brown Road would be defined and platted. Outlot C of East Willow Woods was subsequently platted, providing a corridor connecting from the west boundary' of Sugar Woods, westward to Willow Drive for future frontage road. Access is the primary issue with conversion of Sugar Woods Outlot E to buildable lot status. The issues related to any forthcoming specific proposal for development of Outlot E would be addressed during a commercial site plan review before the Planning Commission and Council, prior to issuance of building permits. It should be noted that Outlot E meets the minimum lot area and width standards for a building site in the B-1 District, hence the only variances which might be needed for its development would be related to building and site layout issues. Summary' of Access Issues The following issues related to access have been identified: 1. Should Outlot E be allowed to develop with its only access directly to Highway 12? 2. 3. 4. How do the 1995-1996 safety improvements to Highway 12 impact access to Outlot E? Is a shared access with the adjacent Wear property desirable or appropriate? Given the expected future relocation of Highway 12 in the next 5-10 years, will traffic on the current route be reduced to a level that might eliminate the need for the frontage road? If not, what factors should trigger construction of the frontage road? Should conversion of Outlot E to buildable status be the trigger for construction of the frontage road? March 13,1997 Page 3 #2212 Rebers - Preliminary Subdivision Highway 12 Relocation Impacts The potential traffic volume impacts of Highway 12 relocation (per the 'Alternate 6 North' plan as embraced by the Long Lake and Orono Councils) on the current corridor are indicated in Mn/DOTs October 1996 T.H. 12 Corridor Proposal Report (Exhibit M). Mn/DOT projects that "through" traffic would use the new bypass, and total traffic volume on the current corridor will experience a commensurate decline. Current 1995 ADT for Hwy 12 through Long Lake is about 23,000. Under the 'no-build' option, this will increase to 25,000+ by 2015 with a three fold increase in traffic on County Road 6. Under 'Alternate 6 North', Highway 12 traffic will decrease to 14,600 at Brown Road by 2015. However, an ADT of 14,600 is still significant traffic volume, and generally a daily traffic volume above 10,000 warrants a limited access 4- lane roadway, with service roads for access to adjacent properties. A second factor impacting traffic in this area will be the relocation of the South Brown Road intersection westward to be directly across from North Brown Road. This is expected to be a semaphored intersection which will provide signalized access. Impact of 1995-96 Safety Improvements The medians and turn lanes established with the 1995-96 Highway 12 safety improvements define specific entry locations that preclude direct access to the applicant's parcel by eastbound traffic, unless that traffic accesses llirough the easterly curb cut of the Orono Shopping Center, and then cuts through the shopping center parking lot near the gas pumps. It is not appropriate to allow Outlot E's traffic to cut across the already limited Orono Shopping Center site. The 1995-96 Mn/DOT safety improvement plans anticipate a future curb cut for Outlot E, which due to median locations would have to be a right-in/right-out access (see Exhibit L). It is not appropriate to force eastbound traffic to and from Outlot E to have to make U-tums on Highway 12 to gain access to the property. Whether a new curb cut is more appropriate than sharing a single curb cut with the Orono Shopping Center west entry, is a question yet unaddressed. It is unlikely that reduced Highway 12 traffic in the fututre would allow the median to be modified to provide eastbound ingress/egress directly to Outlot E. Development of Frontage Road The City's preferred access solution for Outlot E is development of the planned frontage road north of 12. This would reduce/eliminate direct access to 12 and bring all traffic to semaphored March 13, 1997 Page 4 #2212 Rebers - Preliminary Subdivision intersections at Brown Road or Willow Drive. The 1987 Comprehensive Plan Amendment recommended a service road to the rear of the commercial property along Highway 12, linking Brown and Willow, with a possible connection to Highway 12 across from Brimhall Avenue. Outlot D of Sugar Woods was created to provide a segment of that corridor. Shortly thereafter, when East Willow Woods was platted, a 60 ’ outlot corridor (Outlot C) was continued westward from Outlot D to Willow Drive (see Exhibit B). Approval Condition #4 of Sugar Woods final plat approval Resolution No. 2653 (Exhibit J) indicates that a road will be developed within Outlot D at the time of the development of Outlots E or F or the development of the Wear property, unless the City has obtained an alternate legal access through Outlot E to the Wear property. The preliminary plat approval Resolution No. 2554 also indicates that the access road will be fully installed at the time of either the applicant’s development of the commercial corridor or as a result of "any other condition that may require the installation of the road prior to applicant’s development of the commercial corridor". These two conditions of approval, then, indicate that installation of a road segment in Outlot D must be concurrent with development of Outlot E. Easement Limitations The City was granted road and utility easements over the East Willow Woods and Sugar Woods frontage road segments when each was platted, although both road outlots remain in ownership of the respective developers. The City has the right to build a road within Outlots C and D subject to specific conditions of the easements (see Exhibits G and H) which appear to complicate matters. The City’s ability to construct a road within Outlot C East Willow- Woods may be somewhat limited. That easement states that no road shall be constructed until: 1. The ow-ner of Outlot C, East Willow Woods, requests that it be built; or 2.Until such time that an east'west frontage road is constructed from Willow Drive all the way to Brown Road with southerly extensions from Sugar Woods to Highway 12 and another southerly extension southward to line up with Brimhall Lane; or 3.Upon rezoning of the two residential properties north of East Willow Woods, to commercial; or 4.Upon development of Otten’s easterly parcel as a separate entity from the currently developed westerly parcel, unless the City determines that the easterly parcel doesn’t need such access. March 13, 1997 Page 5 #2212 Rebers - Preliminary Subdivision The City's easement over Outlot D of Sugar Woods says that the City can't install a road in Outlot D until a building permit has been issued for Outlot E (in which case only a segment directly behind Outlot E is allowed to be constructed) or on Outlot F, in which case the road may extend the full length of Outlot D. Also, that easement requires that any road built by the City in Outlot D must have its southern edge abutting (or south oO the south boundary of Outlot D, to protect the Sugar Woods residential development. Development only within Outlot E, then, appears to allow the City to construct a 150' segment of frontage road across the north side of Outlot E in Outlot D, but does not apparently trigger or give the City the ability to develop the remaining portions of the frontage road further eastward. And, the easem ’it over Otten's Outlot C appears to preclude its development as road until the entire frontage road is built from Brown to Willow. A 150' segment of frontage road at the rear of Outlot E with no clear indication of when that road will be completed, may be less than desirable. Access Impact on Development of Outlot E Any business development within Outlot E will tend to be oriented toward the primary access to the property. If the City intends to eventually eliminate direct access to current Highway 12 and have all access directed to a frontage road, as is indicated in the Comprehensive Plan, then a developer of Outlot E might want to orient his building towards the future frontage road. If the City cannot define when that frontage road will be developed, the developer's only reasonable option is to orient his buildings to the southerly access. It may be possible for certain types of businesses to be j ^mted such that access could come from either or both north and south directions. The limitations on Outlot E's access due to the 1995-96 safety improvements would suggest that a rrfrontage road access would be of benefit to Outlot E. Since a semaphore currently exists at Willow, it would be appropriate from a traffic flow standpoint to develop the service road westward from Outlot E to Willow Drive prior, to development on Outlot E. Additional Items of Note The City's intent with this frontage road corridor was originally to have it also serve as a trail corridor, hence a 60' right-of-way width was established rather than the normal 50'. A width of 60' was platted in Outlot C of East W'illow Woods. However, Outlot D is 60' in width at the west end but tapers to only 40' at its east end. At the east boundary of Outlot E, an additional 7.05' of width is required in order to maintain a 60' width. This additional triangle of right-of-way should be platted at this time, with road/utility/drainage easements granted. The City Engineer has indicated that a drainage and utilities easement over Outlot D should I \ March 13, 1997 Page 6 #2212 Rebers - Preliminary Subdivision also be granted for future use, since that was r;ot done when Outlet D was platted. It is appropriate to request that as part of this application. Staff Recommendation Staff recommends appro\ ^\ of convr-sion of Outlet E to buildable lot status and renaming as Lot 1, Block 1, Sugar Woods Second Addition only under the following conditions: 1. 2. 3. 4. 5. Lot 1 is precluded from having direct access only to Highway 12, and is precluded from accessing directly to 12 via the Wear property. The frontage road in Outlet D must be built prior to or in conjunction with development in Lot 1, per Condition #4 of Resolution #2653. In spite of the potential limitations stipulated in the City's road easements, construction of the frontage road from Willow Drive to at least the east boundary of Outlet E, must occur in conjunction with development in Lot 1. If the easements are ultimately deemed as not allowing this to occur until tlic frontage road :an be completed through to Brown Road, then development of Lot 1 shall not be allowed until the frontage road is fully constructed. Rebers shall grant the City a drainage and utility easement over Outlot D. A triangular segment of right-of-way shall be platted as an outlot per Exhibit N, and applicant shall grant to the City road, drainage and utilities easements over it. Application if cP^/^ BXff. h Date Received ^ Amount Paid *• Site address fQ t /it‘ i .CITY OF ORONO-SUBDIVISION APPLICATTO^ / r.‘i. I : . '-i PROPERTY LOCATION . TT' . :-p'* *✓ Property Identification Number (PID)_________________ Please check one - Property____abstract or ^ torrens? Attach legal description to application. APPLICANT ^ Name JiA^V[aL Address JaSJis_l . TA> ri ^ Phone (home) Zip5Sy3^Phone (work) OWNER (if different than applicant) Name Address City Zip Phone (home) _ Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Z. Present use (check) Present Zoning District ____ Acres Dr>' Land ____ Acres Wet Land ____ Acres Total, all parcels Residential; no. of units Other (specify), \td Cs4 rlj^rJ\ PROPOSAL _________ Division for Tax Purposes _________ Lot Line Rearrangement Only (no new buildling sites) _________ Subdivision for New Building Sites Number of Building Sites _________Existing Units _________New Units Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per___Acres Sq. Ft. Dry Buildable Land Residential Other (specify)________ . 10 02/19/97 Pay 400.00 MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELI^^NARY APPLICATION 1. Payment of fees (refer to "application fees" listed below. 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4. Certified Property Owners List of owners within 350’ (you must obtain thb list from Hennepin County Department of Finance A-603 Govt. Center 348-3271). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official's Signature ______________________________________Date____________________________________ ^^NIMUM MATERUL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official’s Signature ______________________________________Date_____________ I. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: - Sketch Plan Review (Class 1,11 & 111) $250.00 _____ Subdivision of a Lot Line Rearrangement $350.00 Subdivision Application (Class I & II) $350.00 Totals Preliminary Subdivision Application $375.00 + $25.00/lot (Class III & all non-residential) ^____ Final Plat Application (Class III) $200.00 _____ Legal Review and Filing: Subdivision only $75.00 Subdivision w/easements and covenants min. $200.00 3^00 Park Fees (to be determined per Section 11.62) Legal and Engineering Review Fees (as incurred) Renewal of Class I and 11 Subdivision Application $200.00 (No change from orii,?'.'; pppi; ;uon) Renewal of Class HI. Preliminary Subdivision Application $200.00 (No change from original application) Renewal of Final Class 111 Subdivision Application $150.00 (No change from original application) 1 B. Special Improvement Fees: ____ Proposed Private Roads $600.00 + $.50/lineaI ft.; _____ Proposed Public Roads $900.00 + $.50/lineal ft.; , lin. ft. X .50 = $ lin. ft. X .50 = $ Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 + $25/stub Proposed Watermain Extension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x new lots C. Flexible Application Fccs/Misc. Fees _____ Variance $220.00 ($50.00 per each additional variance) _____Easement Vacation Associated with Subdivision $100.00 _____ PRD Application with Subdivision $30.00/Dwelling Unit The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. ^ y ^ ^ ^ •» Applicant’s Signaturc'^:^ ________________ Date—f T.—21/. Owner’s Signature Date "* ^ ^ ^ Applicant must have all subminals into Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday ot 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 meetmg, 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. 7" ’N — h •?7>’ - J* 9*tM &SCTE f5 [»)? r 1 • (9) r».M t X 9 9 <n.v 1 1 1^ M» rri ■ N^^v. h i Tr rw*'.-M^lAlA ’ I '“'* ! («’) '^"TAKrl? fM w,v.v.*.*.'.*.'.*.\v.*.’.*.’.;r• • • • • •■••«••• «••••» •••••••••««• iQB • ••••*19 ^ • r ^Wmmmm»m*m»»9%mm0m%9»mmmmmmrn- umimiki ^ US) n!5fl'T!*i (r:; — i»n — DA/4IELS -----^TT'ft'7 • 2 :7») (») r: i» ■»*« Plat p's: •••« %r ----- -»*.p (16)(i): )40) IT?!rn ]7t«l 3V'/®'4'2‘« !iv ft >» •_ » •(«> j (291 I tW' (0» I iX} ; i - iwsysTP.i&i ;!PA3s- Mill 1C1« >- 0«.M-------J TIT^ («5» »•». •* I [’■<>^'***7'—WT • (W U^' ’IJ5) I • ^401 0 ;».«» (*' •» o **t;4V^i CM! \ ^ -------V• —^ tr^ i “TTCT—uni”^——¥~.^" ^ h •• V'^ ^ i‘!H. V^iiirryL Ifj^.V'%</ .-s, s3 CRCHARO »nr- s (IS' ^ :ys,.ra.y LjJr''1-~ri . MC •• «««71i Jr B (M> T B <OJ l(*, ^ B (i)A, ir- sa *••5 (?4) K jr-T" r CH) r-* ' •») Ir J?, •») ■ ?jy7 IT- #2rT“~, & \J". Vl!riiPS?3 h^ RUN DATE 02/13/97 BATCH 507 PROP AODR ONNER NAME TAXPAYER NAHE/AODR PROP AODR ONNER NAME TAXPAYER NAME/ADDR PROP AODR OmER NAME TAXPAYER NAHE/ADDR PROP AODR CkmR NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR OI>»4ER NAME TAXPAYER NAHE/AODR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY m^EnS LIST 38 34-118-23 21 0032 00038 ADDRESS UNASSIGNED SIDNEY B I BARBARA REBERS SIDNEY B A BARBARA REBERS 3525 NEBSTER AVE ST LOUIS PARK MN 55416 38 34-118-23 22 0019 00038 ADDRESS UNASSIGNED CITY OF OP.ONO CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 34-118-23 24 0058 00038 ADDRESS UNASSIGNED SIDNEY B A BARBARA REBERS SIDNEY B A BARBARA REBERS 3525 NEBSTER AVE ST LOUIS PARK MN 55416 72 34-118-23 23 0009 00520 BRIMHALL AVE EARL N DAY A SONS INC JAN PROPERTIES INC 2815 MCKENZIE PT RD NAYZATA MN 55391 72 34-118-23 24 0002 02073 NAYZATA BLVD N GREGORY M SHAU6HNESSY LONG LAKE FORD TRACTOR INC 2073 N NAYZATA BLVD P 0 BOX 697 LONG LAKE MN 55356 72 34-118-23 24 0015 00512 VIRGINIA AVE T J A C M KIELEY THOMAS A CARA KEILEY 512 VIRGINIA AVE LONG LAKE MN 55356 38 34-118-23 22 0015 00038 ADDRESS PENDING CAL OTTEN CLIFFORD A LOUISE OTTEN BOX 249 LONG LAKE MN 55356 38 34-118-23 22 0020 00038 ADDRESS UNASSIGNED CAL OTTEN CLIFFORD A LOUISE OTTEN BOX 249 LONG LAKE MN 55356 72 34-118-23 13 0018 01977 NAYZATA BLVD H P S A P A GOSHGARIAN PAUL A PATRICIA GOSHGARIAN 5965 LAKEVIEN OR MOUND MN 55364 72 34-118-23 23 0023 02225 NAYZATA BLVD PERRY'S VENTURES IfiC PERRY'S VENTURES INC 2205 H NAYZATA BLVD LONG LAKE MN 55356 72 34-118-23 24 0013 00522 VIRGINIA AVE J J A S M RUFF CHERYL LYN RUFF 522 VIRGINIA AVE LOT4G LAKE MN 55356 72 34-118-23 24 0025 02045 NAYZATA BLVD N D CREAR A M B CREAR DAN CREAR 1980 SPATES AVE NAYZATA MN 55391 REPORT NO. PI43540I PAGE 22 38 34-118-23 22 0017 02251 PINE RIDGE LA CAL OTTEN CLIFFORD A LOUISE OTTEN P 0 BOX 249 LONG LAKE MN 55356 38 34-118-23 24 0001 02120 NAYZATA BLVD N NILLIAM NEAR ETAL NILLIAM N F2EAR 36 HACKBERRY HILL LONG LAKE MN 55356 72 34-118-23 13 0071 01964 NAYZATA BLVD N STATE BANK OF LONG LAKE STATE BANK OF LONG LAKE 1964 NAYZATA BLVD N LONG LAKE MN 55356 72 34-118-23 23 0053 02205 NAYZATA BLVD PERRY'S VENTURES INC PERRY'S VENTURES INC 2205 NAYZATA BLVD N LONG LAKE MN 55356 72 34-118-23 24 0014 00522 VIRGINIA AVE J J 3 S M RUFF CHERYL LYN RUFF 522 VIRGINIA AVE LONG LAKE MN 55356 72 34-118-23 24 0026 00545 VIRGINIA AVE D CREAR 3MB CREAR DAN CREAR 1980 SPATES AVE NAYZATA MN 55391 i Is jr.%‘r-r.-r-•: •V 'u • iV'' •Itr"; y U V’ V;. • i 1 *. ♦ RUN DATE OE/15/97 BATCH 507 HEWEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHN^RS LIST REPORT NO. PI435A01 PAGE 21 PROP ADDR OHNER NAME TAXPAYER NAHE/AODR 38 34-118-23 12 0003 00690 BROHN RD N KATHRYN DWCANSON K a A C DUNCANSON 690 BROHN RD N LONG LAKE MN 55356 38 34-118-23 12 0004 00650 BROHN RD N TANA R SEIBOLD TANA R GARRETT 650 Bnom RD N LONG LAKE MN 55356 38 34-118-23 21 0002 02160 HAYZATA BLVD N HILLIAM H NEAR A WIFE WILLIAM W HEAR 2160 HAYZATA BLVD #306 LONG LAKE MN 55356 PROP ADDR OI#IER NAME TAXPAYER NAHE/ADDR 38 34-118-23 21 0015 02109 SUGARWOOD DR DAD AHLERS DAVID M A DIANE R AHLERS 2109 SUGARWOOD DR LONG LAKE MN 55356 38 34-118-23 21 0016 02107 SUGARWOOD DR T J A V A SMITH THOMAS J A VIRGINIA A SMITH 5455 BRYANT ST MAPLE PLAIN MN 55359 38 34-118-23 21 0017 02105 SUGARWOOD DR REBERS CONSTRUCTION CO REBERS CONSTRUCTION CO 3525 WEBSTER AVE MPLS MN 55416 PROP ADDR OHNER NAME TAXPAYER NAME/AODR 38 34-118-23 21 0018 02103 SUGARWOOD DR S M A A M LASKY STUART M A ANN M LASKY 2103 SUGARWOOD DR ORONO MN 55356 38 34-118-23 21 0019 02101 SUGARWOOD DR M L A J L DAVENPORT MILES L A JANET L DAVENPORT 2101 SUGARWOOD DR LONG LAKE MN 55356 38 34-118-23 21 0021 02102 SUGARWOOD DR REBERS CONSTRUCTION CO REBERS CONSTRUCTION CO 3525 WEBSTER AVE MPLS MN 55416 I* ■ "* * • A , ^ PROP ADDR OHNER NAME TAXPAYER NAME/ADDR 38 34-118-23 21 0022 02104 SUGARWOOD DR REBERS CONSTRUCTION CO REBERS CONSTRUCTION CO 3525 WEBSTER AVE MPLS MN 55416 3d 3<^-118-23 21 0023 02106 SU6AI»»00 DR REBERS CONSTRUCTIOt^ CO REBERS CONSTRUCTION CO 3525 HEBSTER AVE HPLS HN 55416 38 34-118-23 21 0024 02108 SUGARI^OOD DR REBERS CONSTRUCTION CO REBERS CONSTRUCTION CO 3525 WEBSTER AVE HPLS MN 55416 •i iU • PROP ADDR OHNER NAME TAXPAYER NAME/ADDR 38 34-118-23 21 0025 02110 SUGARWOOD DR C TAKACH A M G TAKACH CSABA A MARIA G TAKACH 2110 SUGARI*KX)D DR LONG LAK MN 55356 38 34-118-23 21 0026 02112 SUGARWOOD OR J R A S W CAMPBELL JAMES R A SUSAN W CAMPBELL 2112 SUGAR»^D DR LONG LAKE MN 55356 38 34-118-23 21 0027 02114 SUGARWOOD DR LEGEND HOMES INC LEGEND HOMES INC 21301 CO RD 81 P 0 BOX 298 ROGERS MN 55374 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 34-118-23 21 0028 00038 ADDRESS Ur4ASSIGNED SUGAR WOODS HOMEOWNERS ASSOC SUGAR WOODS HOMEOWNERS ASSOC C/0 REBERS CONSTRUCTION CO 3525 WEBSTER AVE MPLS MN 55416 38 34-118-23 21 0030 00038 ADDRESS UNASSIGNED SUGAR WOODS H0ME0I2;ERS ASSOC SUGAR WOODS HOMEOViNERS ASSOC C/0 REBERS CONSTRUCTION CO 3525 WEBSTER AVE MPLS MN 55416 38 34-118-23 21 0031 00038 ADDRESS UNASSIGNED CITY OF ORONO CITY OF ORONO P 0 BOX 66 CRYSTAL BAY MN 55323 $ :V RUN DATE 02/15/97 BATCH 507 PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADOR PROP ADDR OHNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST REPORT NO. PIA55401 PAGE 23 72 34-118-23 24 0027 00535 VIRGINIA AVE MARGARET E HILKES MARGARET E HILKES 535 VIRGINIA AVE LONG LAKE MN 55356 72 34-118-23 24 0036 02069 HAYZATA BLVO I HIBNEL BUDGET RENTAL HIBNEL BUDGET RENTAL 2069 HAYZATA BLVO H LONG LAKE MN 55356 72 34-118-23 24 0046 02025 SHAUGHNESSY CIR RJR HOLDINGS CO INC RJR HOLDINGS CO INC 2025 SHAUGHNESSY CIR LONG LAKE MN 55356 72 34-118-23 24 0052 02085 DANIELS ST QUENTIN P NEHSTROM ET AL LAKE ENGIt^ERING INC P 0 BOX 787 2085 DANIEL ST LOt«> LAKE MN 55356-0787 72 34-118-23 24 0028 00525 VIRGINIA AVE GUY H FELOMANN GUY H FELDMANN 525 VIRGINIA AVE LONG LAKE MN 55356 72 34-118-23 24 0029 00515 VIRGINIA AVE 0 A C SMEBY ONEN H SMEBY 515 VIRGINIA AVE LONG LAKE MINN 55356 '■.*1 T ■* -1 72 34-118-23 24 0039 02045 SHAUGHNESSY CIR JAM INVESTMENTS JAM INVESTMENTS 6341 KINGSVIEH LA N MAPLE GROVE MN 55311 72 34-118-23 24 0040 02065 HAYZATA BLVO N JOHN B DRISCOLL JOHN B DRISCOLL C/0 FCI 332 MINNESOTA ST 82100 ST PAUL MN 55101 72 34-118-23 24 0048 02073 HAYZATA BLVO H GREGORY M SHAUGHNESSY LONG LAKE FORD TRACTOR INC 2073 H HAYZATA BLVO P 0 BOX 697 LONG LAKE MN 55356 72 34-118-23 24 0049 00540 VIRGINIA AVE PAUL S GOSHGARIAN ET AL P S A P GOSHGARIAN 5965 LAKEVIEH DR MOUND MN 55364 ^ 1 , *1 S- r. TOTAL BATCH 507 00046 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 C0UJ4TY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF MY KNOHLEDGE AND BELIEF. DATA-H-w BY 'f^0i • i § ? i Ih"s, 5iso0 OO c^5 ii r. X 01 : -■■I« D»n «i i?« 1 </> I s! *1 jIj M ^§4 n» NORTH .1^ • •• / V|>!> 2 I ^#* ^ 5 Q?; i / )?! /7 ./ NO^TH \ C. //.*/ r ^OAIAI ~ • ^ --------------- " ,\\ \ * • \* ^ •-•*• /*»•• • V\ *'l'V ^//*.'*'iV xV •vs.ix/'/f •V. y\ SHAUCHNESSY CIRCLE ’*951;UfJ??l!fi 3tP5^»^ 5f*»?§l^^'11 o ■;!f 111 «3f? g3j| li Cos2 ICo g ifc I§ w« S fn ' 4^ S .| 5 SfS? *o?w ; w ® :: 'N-# w CJS }••«•»«•• 70*f*..75* • ------<330 • •••••• • «•••••420 ? -(§^—............ I 400.05 TAMARACK AVE ZJX. IO " (S^m (rviF S » A •IIO***^' 22020S P !• •M /» . I-: ^ i*P rH/ 53.14 » BRIkHALL AVE M6 W22T 101.40..'^ 506.77 1 . . > >.■at B SHAUGHNESSY 460.00 ^ I 8 Co-^ “ ^ *■ :-3?.oi 125.9 !3 ^>•16', *X-- 18?. 30 sovrsi' JiUiL 4 ^ lU02.r. , 5 377.0* S £l vV 110.45 8 5t - o» 5^ m 151.44 »SHAUGHNESSY CIR» 32I.73 NQRTM 221.6^ N2*l0*e 172.21 o»l 212.21 . 2W.14 90 » ,2»9D 1 90 90 5 l 68. ll• 3 ^4 >•1 4k 9l S*P* r\i 4>|OI v.^ #1 2“ r\» _I U9 1 mkT'!; F»si 'ai DM 1 K?50 I lift « 1 90 1 90 Iff Tool 30 f /A »VIRGINIA AVE 15 |<»o N?'l3‘t 100. sT /4.' 0/ 41.06 .'Mr ■00 55 y a ^ ?i?.y5 190. H? .rJ 55 n T575.36 RES S0V2*73T ?I1 33 51.36 • C*j. 57 a NORTH BROWN fiReww lire- ; .V.69 157.31 40 I/O ^10 1 V 5-- Sri 0 _ " 'W ■># *\A2• a> 01 N# Id ^ Q, ^ / ^ .uO\40 !a \55. c9. 215.6 »95 l45 (AERIAL PHOTO 1956) 591.7 I‘33.09*' Sl/GAJ? WODS •I ■I»;i ii 'wyf — R.T.OOC.NO. MATCH LINE - «t 9<ci > or > Min / / y /I • MM *« • er%«'a»* )• • i • 41 « A • Anryr »•>» Ws*^* *7 ^ ^ * Vr r- ^^ " .ir.^r II**-: y/ \ .>>r~ TJrn * «%it» rAMMUit - . -.mi-. 0.' IWV ,y |, 200.00 iSS.’i'jyr?- ' I^N 87*4r00'' w ’l .OOTLOT j. g ' i ? ^ J A*-^« \ W Mi • M miV • ■ \ * • 4 • • 1^04 A - irjTAr J| ■• .1!^! i: LCHO I.AKt: C{?U!.-!;pi;;t: PAnK’. J k CAM I * r»Mi 4i« i • ill «t mB *QMn*t CAM Hft «n«o (>OMI ••) L b kff OUTLOT -----_______I ^rii" I-------mm_ __ >i • liJt Myprjr. T| ___j_ ____ ' ^ =» =ymi r-:-------■ A iOMt lli« ft Muii «r A< «cBA««st mwn 01 * “ •< •OIA*<SI MMV V y' UCIItfi M. A .i« «f* Hi «0i Cam «ia mM lOkAtt / 4 / / ^-----------------------------------f-^— o» INI taiMAii oMiiM or He moBnrnv oTS7«Aii;r >•Vt C‘:x ^ K-t ^ W HttmuT Na 12 / b)*^ g* S5’» y' / l(../ — « • •in «t »TO 101 CAM •« inoo >■«-.v^CSTi ,f OS NMNWAV Na 12 I * • { N\f •/% or IIS MMwr HO 1} • ! «■ MCM I1M AAOl »m!t. ' » // 74' ■1^ JA4H GRAPHIC SCALE JO M 970 w i WCU lM J- - >64.43 ^ » 5*56'08- " “ >587.28 IIKW iiMiMe nuMMMiAnoM IMCMUMMC lANO AUNVINNC iNAItt UMirtI m wmm I AAAlUt M t»«i mm mm iA< IMA «MO0 tmm mmm « •< «am •OCNOMI MOM HMUKilt •m foi MAMS « AtauMO 1>.rIl>I 1?1 1 ■;; =tJ 1 1 •?: lii 11 i.: u 1 C Bftr ^ ? >84.36 N 85»48’55 •--y'i______ •«.«*- 406.10 S 88*4 7’00" E WnVVAT.i ill. Vi;.V* f :5 A I ft, ill •* m •I : x» III 'nl I I* 10 p ^ ------------------------------------------------------------------- '" • r-----■', - r Ti) LOHri LAK!:. •vu; , i;i*iji * .‘'Mii I HfHHt.SuTA iLAKr I AiH/r SHEET 3 OF 3 SHEETS Form No. 28.-M-OUlTjCL AIM DEEp^ individual (t) to Corporation or Portntrdiip 21^IlPiyilVPlIgnn^Convfy^^ing Blan ki (197fcj No delinquent taxes and transfer entered; Certificate 'if 2 1991iJUN 22 1990 County Au( STATE DEED TA Date:_________ Y 1 Deputy E HEREONfr^^- May 30 .19 5 _ ___r*Oit«i Co.. Minr^apoiit ■■’a c. m m r*. o T| •.T o .V o* ^ri '•1 ?>■tv: Jl? •' f'l -1 o•n i 'N Cto -Z: ‘7: • • f n i P1 1 Jj? O Hp • CT •o - o cB COc:> r- \ r; 0;V L-J CT/ 3 Va* •a dci! ».oO i 5; FOR VALUA.BLE CO.NS1DER.4.TJON husband and wife ’ hereby convey (s) and quitclaim (s) to City of Qrono (reserved for recording data) Sidney D. Rebers and Barbara Rebers^^ " - - - - -- Grantor (s),(marital ttatui) municipal corporation Hennepanreal property in under the laws of Minnesota , Grantee, County, Minnesota, described as follows: % An tascment for pii>Hc rcMd purposes over Outlot 0, SUGAA UOOOS, subject to the following: . ^Vc;., ftx .( Outlof 0. "** ^ ~ S"" , • rrontege road or service road is built eorviectlnQ Outlets E and F SUGAR UOCBS . ,, Of more ipsce tineeded. continue on back) , ge her ^th au hweditaments and appurtenances belonging thereto. Ihis easement is given to eliminate paragraph 4 of the easement frem Grantor to Greuitee dated September 8/ 1990. A|.|>. '] a\ .?:amp Mcrn STATE OF MINNESOTA COUNTY OF HENNEPIN as.Barbara Rebers / t-- ----— ..day of. Mayhusbemd and wife MOTAKUL tTAMT OR SJUX. (OB OTHER TITLE OR RANK) JE/A' L GERMS CHIR ttoiAMT nmiCmMir«4ii’U * Ifiyj/ H£NNtPIN eWtiVf 4'i4 9^ '■'’•lONATURE'Or rEH!sOH TAKmO ACIWOWLEDOMENT <l»KT(b«e to tail sKwildM east to OnuuO* aeaa sm sddrea el Orsatas): 1. such time as the Grantor, his heirs, successors or assigns, requests same, or 2. until such time as an east-west frontage road is constructed from Willow Drive through East Willow Woods and Sugar Woods to Brown Road with one southerly extension from Sugar Woods to Highway 12 and another southerly extension to Highway 12 to line up with Brimhall Lane, or 3. upon the rezoning of Lots 1 and/or 2, Block 2, East Willow Woods to a commercial zoning district, or 4. upon the development of Lot 2, Block 1, East Willow Woods separate from the ownership and uses of Lot 1, Block 1, East Willow Woods wherein access to Lot 2 shall be via Outlot C unless the City in its sole discretion determines that alternative access is adequate for said Lot 2. At such time as a road is constructed on Outlot C, Outlot C may also be used for trail purposes. If and to the extent that all or any part of Outlot C is vacated, such vacated portion shall inure to the benefit of the adjacent portions of Lots 1 and 2, Block 1, East Willow Woods, and not to the lands lying northerly of Outlot C. lXK:Vv.;:TC--:ix';-ti l^pIXY^;:^! ■ vi" ;^-; v,v;s/*j| |^:?5^;0F'#:'}.-|■;^Vr^ i->- ^ * v > > B■fORONOj (Ateo'ii.'^ • ^fdo/k(~-. City of OROIVO ^xM. RESOLUTION OF THE CITY COUNCIL NO. 2554_________ (/ E) Clarify that Outlet D (portion of future east/west road) is to be fully platted and developed at the time of future develop ment of the commerical corridor. The access road will be fully installed at the time of either the applicant's development of the commercial corridor or as a result of any other condition that may require the installation of the road prior to applicant's development of the commercial corridor. F) Both the private covenants and the Subdivider's'Agreement should include the following restrictions: 1) No grading and woodlands preservation area. No removal of trees in excess of 2" or greater in diameter (only trees that are dead or because of hazardous condition require trimming or removal) and no grading in the protected areas without approval from the appropriate authority. The Subdivider's Agreement should also define the protected areas such as the setbac)c area of each lot and the private open space outlet. 2) All building pads defined by the setback areas within each lot shall be limited to 80% hardcover improvements. This shall also include the portion of the access drive, that enters through the front yard setback zone. G) Entrance monuments to be defined and plans approved by the Planning Commission and Council as a part of the final subdivision approval. Entrance monuments in excess of the 3*s height will require variance approval also. H) The enforcement of the conditions/covenants of the Subdivider's Agreement shall be a method satisfactory to the City. (The City does not feel it appropriate that the landspace buffering agreed to by the applicant be included in the Subdivider's Agreement, but that the City encourages the applicant to install appropriate evergreen buffers along the north boundary where feasible and on the east side of Brown Road where the egress road may create problems for resident to the east.) / Page 8 of 11 '^W-rm0f4 l(ORpNO| <,(/((S,/irtC i/jy&s fiUkL /^ft20'y4.i_ City of ORONO RESOLUTION OF THE CITY COUNCI L NO ^o53 ________ . (5^XM . ^ 2. All construction vehicles used for the installation of the private road shall enter and exit only from U.S. Highway 12. The subdivider is to provide appropriate signage to control traffic during the construction period. No construction traffic shall be directed to use Sixth Avenue North. The subdivider shall be held responsible for the enforcement of the approved traffic pattern. 3. Prior to the filing of the final plat, associated documents and covenants, the subdivider shall have completed the execution of an agreement or petition agreeing to pay without appeal for sani + ciry sewer and water lines to be instalxed^^ o r near Highway 12 by the City. 4. Outlet D, a portion of future east/west road located within the commercial zoned portion of the property, shall be installed at the time of the development of Outlets E or F or the development of the Wear property (unless the City has obtained an alternate legal access through Outlet E to the Wear property all subject to the approval of the City). 5. The aforesaid plat shall be filed by the City of Orono with the Registrar Titles on or before January 10, 1990 together with a c"i r.ified original copy of this resolution and executed cof es of the easements and covenants noted above. The execution of the p3at by the City of Orono and the filing of the plat shall be conclusive evidence that the subdivider has satisfied all conditions set forth in this resolution. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a nev; application with the City of Orono for subdivision review. Dated this 10th day of July, 1989. o7-thy Hallih, City Clerk R . Grabck.x_JdAyor y Page 4 of 5 m m m ig m m m m m m m m m m 3.5 Property No. 4 Introduction - This 45 acre grouping is currently under two ownerships with the majority of it zoned rural residential single family. Approximately 10 acres abutting Highway 12 are currently zoned B-1 residential business district. All but approximately 3 acres of this are under a single owner. Typical concerns for this property include access to Highway 12 and North Brown Road together with the concern for safety at the North Brown Road and Highway 12 intersection. Discussion of Alternatives - Alternative No. 1 - Present Zoning If this property were to develop as it is currently guided and zoned# it would result in a narrow strip of commercial uses along Highway 12. However# since these businesses will be restricted from direct access off Highway 12# some form of frontage road will need to be provided. If this area were to be served by a frontage road adjacent to Highway 12, it would represent an expensive solution to this problem since this road would only be developed on one side (L • • • •*•*•*•*•*• «••••••••••■• ••••••••••••••••••••••••• • « 9 1• ••••«••••••••••••••••••••••• • ••••••••••••••••••••a***** P •••••••••••••••••••••«•••••••. ••••••••••••••••••••••••••••* r*>x*x*i\*x*X\*X’X*x*x* ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• > ^ »_» •••••••»••••• ■r •••••••••••• •••••••••••• I* • •••«••••••••• ••••••••••«••* • ••••••••••••• ••••••••••••••• ••••••«••••••••••••••••••••••• ••••••••••••••••••••••••a*** • •••••••••••••••••••••••••••aaaaaaaaaaaaaaa*aaaaaaaaaaaaaaaaaaaaaaaaaaaaa^aaaaaaaaaaaaa• aa«aaaa«aaaaaaaaaaaaaaaaaa#a aaaaaaaaaaaaaaaaa*«»aaaaaaaaa• aaaaaaaaaaaaaaaaaaaaaaaaaaaa aaaaaaaaaaaaaaaaaaaaaaaaaaaaa > • n <mmmmmmmmw0%wwww9mm9 ftaaaaaaaaaaaaaaaaaaaa ra a a a a * ••••••••« ^O. -•» I •• • Area 4 & 5 Fig. 30 Alternative No. 2 - Alternative 2 woold allow for business/co^ercial abutting Hxghway 12 to be served by a remote frontage road that would eventually extend over to Willow Drive. The north side of this would provide for multi-residential with the bulk of the northern Site developed at the unsewered 2-aore residential. Connection of the single family to Pine Ridge lane is optional, and would be eliminated from conside'-at- «« uonsia6.ar...on in exchange for frontage road between North Brown Roac a.id Willow Drive. t. ^ Fig. 31 I f I I I I I ^1 m m a m m m m m m m Alternative No. 3 - Property Owners Proposal - At the beginning of the process, the owner submitted a scheme for development of the property, which was subsequently amended by the owner during the process which provides as shown in Figure 32 for: A) A combination of land 2 acre single family lots on the J'orth portion utilizing municipal services. The two acre single family are used to buffer the 2 acre unsewered lots to the north and west. B) The southern portion does provide for a remote frontage from Brown Road west to the western edge of the property. \ 1/^''i--1) i Li /i 9 I ••---------r-“?------------f—»mm i V / -------N / V I : - ) y ’J i. “x til •• S « r~V y 1; mm SIDNEY REBERS mcmt, VK north TT Area 4 Fig 32 Recommended Alternative - The recommended alternative, which is includes a further extension of the limited/office commercial business district back from Highway 12, with a remote frontage road on the back portion, of this district similar to figures 31 and 32. Prior to the development of the commercial portion of this property, the existing intersection at Brown Road and Highway 12 shall be improved so that safety concerns associated with the current use and future increased use of this intersection are addressed. Configuration of the frontage road and North Brown Road would be determined at the time of development. Frontage road access to Highway 12 could either be opposite Brimhall Avenue in Long Lake, and/or on Willow Drive opposite the frontage road between Willow Drive and Old Crystal Bay Road. The property north of the commercial area would be single family with sewer and water planned for the area. With sewer and wa-or services available to the property, the owner could submit a 1 and 2 acre mixed single family density alternatives for Council consideration. The maximum allowed density acceptable would not exceed that outline in the alternative 3, subject to utility availability, appropriate density, buffering, etc. The residential area would be served by a cul-de-sac or circular road off Brown Road with no connection to the west if the frontage road is installed. I I B r I I I I E I I i I E i E I I f m m m ■I m - j m n Property Area No. 5 - Description - This small parcel of 13 acres represents the property most difficult to develop effectively because of its narrow depth between Highway 12 and the existing Ringerswood residential area. The area however, does not have soil limitations, wetland limitations, or slope concerns found in other areas (see Appendix E). The shape and size of this parcel does present a problem for the installation of a frontage road in this area. Discussion of Alternatives - Alternatives as indicated above are very limited for this area. 1. Developed According rurren- Zoning - This parcel is relatively small and presents constraints regarding development as found in other area in the corridor. 2. Commercia1/Retai 1/Multiple Families - Alternative development in the northeast quadrant of Willow Drive and Highway 12 would be of a commercial office/retail nature. It is anticipated that any development on the north/east side of the frontage road would be of a multi-residential nature. The possible inclusion of two residential lots (A & B) which were not originally included in the study would allow for appropriate buffering between the multi-residential and the single family development in Ringers Wood. LAKE -Rf> • ^ Primary Frontage Road • ••• Alternate Frontage Road Area 5 !• 4 Recommended Alternative -Fig. 33 The recommended alternative in Figure 33 would include transition of commercial on the south side of the frontage road back to mu1 1i -residentia 1 on the north# with appropriate buffering from the single family to the north. The frontage road# regardless of configuration# would commence opposite the frontage road west of Willow Drive and tie into the frontage road coming from North Brown Road. Given the intensity of development# this area would be sev;ered either through the Long along Willow Drive# or possibly through branches of the Long Lake system. I I I I r H T.H. 12 Corridor Proposal Report S.P. 2713-75 Prepared by Mn/DOT October 4,1996 m For the purposes of this document, Mn/DOT is the Responsible Governmental Unit (RGU). Contact persons: Tom O’Keefe, P.E. Mn/DOT, Metro Division Water’s Edge Bldg. 1500 West County Road B-2 Roseville, MN 55113 Phone: (612) 297-1296 Patti Loken, P.E. Mn/DOT, Metro Division Water’s Edge Bldg. 1500 West County Road B-2 Roseville, MN 55113 Phone; (612) 297-1293 VI. PURPOSE AND NEED FOR PROJECT The purpose and need for this project are focused on Mn/DOT’s responsibility to preserve the National Highway System, to enhance safety and access in this important interregional corridor, to decrease congestion and delay, and to enhance access for economic development. Traffic along the TH 12 corridor in Long Lake and Orono is currently experiencing periods of severe congestion and delay both in the morning and evening peak hours. Residents have great difficulty in gaining access to and crossing the highway, which has a direct relationship to highway safety and capacity. Capacity of the road is often described in terms of the Level of Service (LOS) of the roadway. LOS is a measure of delay and driver inconvenience based on the average travel time and the present available capacity used in an hour. Traffic levels forecasted for the year 2015 anticipate long delays through Orono and Long Lake, which could result in an LOS ranging from E to FF (F being the worst condition on a scale of A-F, and FF corresponding to a condition where demand is 1.2 to 1.5 times the hourly capacity). An LOS of F represents at-capacity conditions and may lead to traffic shifting in order to use local roadways. Another consequence of an LOS of F during rush hour would be peak period spreading, a phenomenon where travelers make their trips earlier or later, which would extend the rush hour. Safety deficiencies on TH 12 that relate to poor geometries include inadequate vertical and horizontal sight distances, inadequate bridge vertical and horizontal clearances, and problems with access to driveways and entrances on TH 12. The accident and severity rates illustrate these safety deficiencies. Accident rates reflect the number of accidents per million vehicle miles. Severity rates reflect the seriousness of the accidents; with a rating of 5.0 indicating that improvements are warranted. Shown below are the accident statistics from 1992 to 1995 between Wayzata Blvd. and CSAH 6. LOCATION year adt fatal personal property total CSAH 6 to Old Crystal Bay r.oad 199? 1993 1994 1995 16.773 17,098 17,381 17,964 3 0 0 0 INJURY 5 4 II 3 DAMAGE 3 14 12 6 12 18 23 9 ACCIDENT RATE 1.4 2.1 2.6 l.O SEVERITY RATE 6.4 3.5 6.4 2.0 Old Crystal Bay Road to Wa>‘zata Blvd. 1992 21,094 1993 21,500 1994 21,862 1995 22,630 0 0 1 0 26 21 26 19 49 44 53 58 75 65 80 77 3.2 2.7 3.3 2.4 6.5 5.4 6.9 4.2 The May 1992 TH 12 Corridor Scoping Document details the history of a high number of severe- accident locations along the TH 12 corridor from TH 101 in Wayzata to TH 25 in Montrose, emphasizing the longstanding need for safety improvements. Research indicates that there is a direct relationship between accidents rates and the number of access points or intersections along a roadway segment. TH 12 is classified as a principal arterial roadway, as such there should be no less than VS mile spacing between intersections on an urban design segment with 1-2 miles preferred. The segment from CSAH 6 to Old Crystal Bay Road has 9 access points per mile with an average accident rate of 1.8 and Old Crystal Bay Road to Wayzata Blvd. has 21 access p /mts per mile with an average accident rate of 2.9. Table 3.3.1-2 in the April 1996 TH 12 Corridor Study shows accident statistics for metropolitan trunk highways similar to TH 12 for the years 1992-1994. Minimizing access is a priority for improving capacity and reducing accidents on TH 12. In addition to the need for safety and capacity improvements, there is a need for structural and geometric improvements on proposed TH 12. Principal arterials should have a minimum design speed of 45 mph (70 km/h), and the vertical and h' 'zontal geometry should be consistent with the design speed. From CSAH 6 to Old Crystal Bay Road, TH 12 is straig -«vwept for a four and one-half degree curve at Stubbs Bay Road. This intersection involves a railroad track, a curving alignment for Stubbs Bay Road, and a speed zone transition from rural to urban character. From 1992 to 1994, three fatal accidents occurred related to the curvature and to slewing or stopped traffic. Stopped traffic in the curve area can block sight distance for oncoming traffic and for traffic entering the side road. West of Old Crystal Bay Road is a segment of highway with guardrail on both sides of the roadway. This guardrail protects motorist from the steep slopes that extend into the wetlands. Rear-end and head-on accidents occur in this area. The segment from Old Crystal Bay Road to Wayzata Blvd. is almost entirely in the City of Long Lake, and is the main street for the business district. Horizontal curves create skewed, offset, and short intersections. The geometries ar i numerous acc ess points are not compatible with the principal arterial function, and the design speed and sight distances are substandard. Just to the east of the downtown area, the highway parallels the railroad, and two intersecting streets are constructed under the railroad, creating skewed intersections with poor sight distance. This high accident area has 3.5 accidents per million vehicle-miles of travel. The east end of the project transitions and connects to the TH 12 freeway in Wayzata. A series of substandard ‘S’ curves, along with width transitions and lane drops are used to go from the divided freeway to the two-lane highway. The intersection with Wayzata Blvd. is in the middle of this transition area and intersects TH 12 on a curve. The bridge opening under the DNR Luce Line Trail is too narrow, and the shoulder width is below standard. Typical accident types are rear-end, sideswipes, and head-on. Posted speeds range from 35 to 50 mph (55-80 km/h). Vn. ALTERNATIVES / CORRIDORS The April 1996 TH 12 Corridor Study/Comprehensive Report identified ten construction alternative solutions, eight of which were identified and discussed in the May 1992 TH 12 Corridor Study Scoping Document and Draft Scoping Decision Document. These alternatives ranged from four-lane expressways to two-lane limited-access highways. The four-lane alternatives were broken down into nine different segments representing northern, southern, central , eastern, and western portions of the study area. Mn/DOT is no longer proposing a four- lane upgrade because of; 1) lack of funding availability; 2) the Metropolitan Council does not support a four-lane alternative; and 3) the purpose and need for the project can be met by a lesser- build alternative. Documentation of the study and information on the four* lane alternatives and the termination of the EIS is detailed in Mn/DOT ’s April 1996 Trunk Highway 12 Corridor Sludy/Comprehcnsive Report. ALTERNATIVES CONSIDERED UNDER THIS CORRIDOR PROPOSAL No-build Alternative = Existing Corridor: The No-build Alternative would allow the present conditions of TH 12 to remain unchanged. Currently, this TH 12 project roadway segment has restricted and substandard geometries, congestion, uncontrolled intersections and access points, and high accident and severity rates. Build Alternatives / Corridors: Alternative 6: South of the Burli:!t,ton Northern Railroad (ENRR) Tracks • New alignment from CA.SH 6 to Was^ata Blvd. along the south side of the railroad corridor. • Two-lane, limited-access highway. • Project length appro.ximately 6 miles (includes distance to Fcmdale Rd • Tunnel under Burlington Northern Railroad (BNRR) on east and bridgi. er railroad on west. • Overpasses at Willow Drive and Old Crystal Bay Road. • Ramps on Fcmdale Road; interchange where new TH 12 alignment splits from existing TH 12 near Wayzata Blvd; Watertown Road interchange; and grade-separated intersection at C.SAH 6 & TH 12. ATTACHMENT B CAPACITY / LEVEL of SERVICE AND TRAFFIC FORECASTS The information below is based on a roadway configuration that includes projects in the 1995-1997 Transportation Improvement Program. The 1994 traffic counts were derived from the 1997 base network fi-om the Metropolitan Council Regional Model and cross referenced with existing traffic count data. The 2015 projections were derived from the Metropolitan Regional Model and socioeconomic data from each of the communities in the study area. The following information identifies the main travel demand and operating characteristics and depict the level of service and volumes on key segments. Three alternatives are shown to make comparisons of the No-build, Alternative 6 South, and Alternative 6 North. By providing a controlled-access route through Long Lake and Orono, travel time savings will be achieved within the corridor. Traffic volumes on existing TH 12 decrease somewhat, and the level of service will generally improve, particularly in the hours outside the a.m. and p.m. peak periods. ALTERNATIVE 6: SOUTH of the TRACKS Comparison of Peak Hour Directional VoIumes/LOS to Capacity Segment Peak Directional Traffic Volume (2015) Peak Direction Capacit)' (Vehicles/liour) Level of Service* Peak Directional Speed (mph) ADT (2015) 1. City ofWayzata to Brown Road 1.580-2,080 1.750 E-F 25 27,500-31,300 2. Brown Road 1,580 • 1,750 E 35-55 22,400-27,500 to CSAH 6 •LOS associated with the peak direction of travel Level of Ser>*ice Throughout the Day - 2015 WavTata Blvd. to Brown Road Time Period Brown Road to CSAH 6 l/l’ilway 12 New Old New Old p.m. Peak Hour E-F E-F B-E A-B a.m. Peak Hour E-F A A-E A 5th Highest Hour A A B A 7th Highest Hour A A A A Avg. Oflf-peak Hour A A A A New TH 12 is Alternative 6 South and Old TH 12 is existing 'W ALTERNATIVE 6: NORTH of the TRACKS Comparison of Peak Hour Directional VoIumes/LOS to Capacity Segment Peak Directional Troflic Volume (2015) Peak Direction Capacity (Vehicles/hour) Level of Service* Peak Directional Speed (mph) ADT (2015) l.CiiyofWayzata 1.680 1,750 E 35 28,800 to Brown Road 2. Brown Road 1,580 1,750 E 35-55 24,100-28,800 To CSAH 6 •LOS associated with the peak direction of travel t Level of Service Throughout the Day -!2015 Wavzata Blvd. to Brown Road Time Period Brown Road to CSAH 6 Trunk Highway 12 New Old New Old p.m. Peak Hour E F D-E A-B a.m. Peak Hour E C-E A-E A 5th Highest Hour A A A A 7th Highest Hour A A A A Avg. Off-peak Hour A A A A ■f’j New TH 12 is Alternative 6 South and Old TH 12 is existing. I- m". , NO-BUBLD ALTERNATIVE Comparison of Peak Hour Directional Volumes/LOS to Capacity Segment Peak Directional Traffic Volume (2015) Peak Direction Capacity (Vehicles/hour) Level of Service* Peak Directional Speed (mph) ADT (2015) l.CityofWayzata 810-1,310 850 E-FF 10-15 25,400-28,700 to Brown Road 2. Brown Road 630-760 850 C-D 40 19,100-23,900 to CSAH 6 •LOS associated with the peak direction of travel Level of Service Throughout the Day -2015 Wa>'zata Blvd. to Brown Road Time Period Brown Road to CSAH 6 p.m. Peak Hour E-FF C-D a.m. Peak Hour E-FF C-E 5th Highest Hour E B-D 7th Highest Hour D-E A-C Avg. Off-peak Hour B A i ♦3 2015 ALTERNATIVE 6 (SOUTH) YEAR 2015 P.M. PEAK HOUR VOLUMES 2015 Rlternative 6 CNorthD: Year 2015 P.M. Peak Hour Volumes n CC 5 o «Sel -«r- .'1 »- 0«3 Hff----*S- T --------------- -S in i. <11 c 3 X ^r-oP- -5--9- Wot„ .•^Qtertou/a R c T £ „ fffi W" Ok S ik 4 T gf C.R. 15 ■B-------------- *4 links : !typtt^d THRESHOLD: LOWER UPPER 1 -1 "130■2 i-iv/ri^ “ j ~ ■^! \___H___ §1 <3t'5 ic3 ■IKr SB WINDOW C: 512.3</195.326 523.6</203.351 EMHE/2 PROJECT: T.H. 12 Corridor Rnolysls SCGNORIO R055 : 201G Not Hit G u/ no occoul* Furr«Hol« or Wot «) r t nuit\. PMPIC 9&-09-30 08:08 MODULE: 6.12 BR386/10...mjb • i ■ n'.' Si SI '■'-s—*" ttr I ~u\—I— ^r^- 4* »j ID* lio i3 7“Sr" o links : !t yp«*9 THRESHOLD: LOWER: 1 upper: -1 -V - t y»4 »S s:: / pt^-^ f » «— L V X* —f— B- - •^[s /^■*‘' ,ir - - mI'v V. ?Jv^i \ / EMME/2 project; T.H. 12 Corridor Rooty.is SCLNUnill 95'iO: 2015 Nutuorl< No-Quild. P.H. Pu Hour. Rovibod Hoy '9G ■S' WINDOW C: 512.94/195.326 523.64/203.351 96-09-30 08:07 MODULE: 6.12 DR386/10 . . M j i> 4 2015 No“Build Rlternative- Year 2015 RDT links: ! tvp«>9 PMMF./c? PKO.lGCl : T II. Corrirlor noulyt-iu SCLIllll'lllI 95S0: iiOIS MwluurU. No-liviiiu 1^ H I'U Hour. Hoviowtl M.iy ' OG UINDOV C: 512.9</195.326 S23.64/203.351 96-09-27 16:47 Mfinui.E: 2.13 Bn3H6/10. . .wil» I STING 'ILDtNC X W^.2 1020 ---- * > 1029. '■ RESIDENTIAL PRORERT y' ' ., 0 S _ • • • ^ / / y S 87^4ro&L^^ •_ > L jtVi /\» ^ w //025.9 # # i t t !•f? • I I 4. I iL53.42 ■FOUND JLM SET PER TORRENS CASE NO. 17h S- s A « Y V A » I ^\ ' ^ V' \ , I t- f \ X /0/0.5 , ^ V' s\'^ \r, *'» V i*»'.» I y r # S<6 PROPOSED S LOT 1. BLOCK 1 ^ ^y \ /•N « -r iji t t #•*!.# /i/?£4 = 41,612: so. FT. ^ __ C: “V4 -r* # 'I ## ^ ^ \ FD. MnDOT R/W MON. B5109 A \> ;hway r /w—^^^ EXISTING y\ / BUILDING A y yy\ \ \ ■S''', '' ' >y \ syo ^ ^^ /> .1 I / • / ///77X RETAINING WALL / existing ^ ''BUILDING/i ' . y COUNCIL MEETING REQUEST FOR COUNCIL ACTION aPR ^ ^ Date; crTY^ Item No.: I NP97 Department Approval:Administrator Approval: Name: Michael P. GafTron Title: Asst. Planning& Zoning Administrator Agenda Section: Zoning Item Description: #2224 City of Orono, 2080-2160-2190 Wayzata Blvd. - Rezoning - Ordinance Adoption Application: City-initiated ’housekeeping ’ rezoning of 55’ strip within/near Sugar Woods plat from RR-IB Single Family Rural Residential District to B-1 Retail Sales Business District or R-1A Single Family Residential District. Properties Involved: - Outlots A, D, E, F of Sugar Woods - Bin Wear property containing the ’Orono Shopping Center’ List of Exhibits: A - Rezoning Ordinance B - Draft Planning Commission Minutes 3-17-97 C - Memo & Exhibits of 3-10-97 Background Prior to the platting of Sugar Woods in 1988, the 2-acre RR-IB District extended northward from an east -west line located 1170’ south of the north line of Section 34. The property on the south side of the 1170’ line was zoned B-1 (Exhibits D & E of 3-10-97 memo). When Sugar Woods was platted, the residential part of Sugar Woods in the RR-IB zone, was rezoned to R-1 A, 1-acre residential. The south boundary of the Sugar Woods residential area was about 1115' south of the north line of Section 34. Consequently, the rezoning to R-1 A only extended down to the 1115’ line. This inadvertently left a 55’ strip still zoned RR-IB, between the R-1 A and the B-1. The City’s intent since this was discovered some years ago, has been to rezone this strip to B-1, matching the zoning district boundaries to the current property boundaries. The current Sugar Woods Outlot E re plat proposal is the motivation for doing this rezoning now. Impact of Rezoning The proposed rezoning will result in the following benefits: - Zoning boundaries will follow lot lines rather than bisecting individual properties Zoning File #2224 April 7,1997 Page 2 - Outlets E and F, and the Wear property, will no longer have the potential limitations imposed by a 50-55' strip of RR-IB at their north ends. - The incongnpty of having an unusable strip of RR-IB sandwiched between R-1A and B-1 zones, will be c'lminated The only possible negative impact of this rezoning would be that the Sugar Woods residential owners might perceive this as allowing commercial development to be closer to their back yards. However, they knew (or had every opportunity to learn) that the property in Outlots E and F was planned for commercial uses when they purchased in Sugar Woods. Note that the legal descriptions for the rezoning take into account that the south boundary of Sugar Woods Outlots A and D, does not exactly match the 1115' line but is slightly skewed (See Exhibit D-2). The result is that a small portion of the residential commons (Outlot A) and part of the future service road (Outlot D) is being rezoned from RR-1B to R-1 A; and that a sliver of Outlot F currently zoned R-1 A will become B-1. Conformity with Comprehensive Plan This rezoning is in conformance with Orono's 1987 Highway 12 Comprehensive Plan, hence no Plan Amendment is required (See Exhibit H of 3-10-97 memo). Planning Commission Recommendation At the March 17 meeting, Planning Commission voted 5-0 to recommend approval of this rezoning. There were no public comments. Staff Recommendation Staff recommends approval of the proposed rezoning. COUNCIL ACTION REQUESTED: Motion to adopt rezoning ordinance attached. Proposed Motion: Moved by____, seconded by____, to adopt Ordinance #___, Second Series, An Ordinance Amending The Municipal Code Of Orono By Listing The Legal Description Of Certain Properties Within The City As Rezoned From RR-IB To R-1 A, From RR-1 B To B-1, or From R-1 A to B-1. ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY LISTING THE LEGAL DESCRIPTION OF CERTAIN PROPERTIES WITHIN THE CITY AS REZONED FROM RR-IB TO R-IA, FROM RR-IB TO B-1, OR FROM R-IA TO B-1 THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. The municipal code of Orono is hereby amended by amending the official zoning map and zoning use district boundaries for the property described as follows: That part of Outlots A and D, Sugar Woods, Hennepin County, Minnesota lying south of a line drawn 1,115 feet south of and parallel to the north line of the Northeast Quarter of the Northwest Quarter of Section 34, T 118 N, R 23 W. Said property is hereby rezoned from RR-IB Single Family Rural Residential District to R-IA Single Family Residential District. Section 2. The municipal code of Orono is hereby amended by amending the official zoning map and zoning use district boundaries for the property described as follows: That part of Outlet F, Sugar Woods, Hennepin County, Minnesota lying north of a line drawn 1,115 feet south of and parallel to the north line of the Northeast Quarter of the Northwest Quarter of Section 34, T 118 N, R 23 W. Said property is hereby rezoned from R-1A Single Family Residential District to B-1 Retail Sales Business District, Section 3. The municipal code of Orono is hereby amended by amending the official zoning map and zoning use district boundaries for the property described as follows: That part of Outlot F, Sugar Woods, Hennepin County, Minnesota lying south of a line drawn 1,115 feet south of and parallel to the north line of the Northeast Quarter ot the Northwest Quarter of Section 34, T 118 N, R 23 W and lying north of a line drawn 1,170 leet south of and parallel to the north line of said Northeast Quarter of the Northwest Quarter. Said property is hereby rezoned from RR-IB Single Family Rural Residential District to B-1 Retail Sales Business Distriet. - *p..‘ .j Section 4. The municipal code of Orono is hereby amended by amending the official zoning map and zoning use district boundaries for the property described as follows; That part of the Northeast Quarter of the Northwest Quarter of Section 34, T 118 N, R 23 W, bounded on the north by the south line of Outlot D, Sugar Woods, Hennepin County, Minnesota; on the west by the east line of Outlet E, Sugar Woods, Hennepin County, Minnesota; on the east by the west line of Outlot F, Sugar Woods, Hennepin County, Minnesota; and on the south by a line drawn 1,170 feet south of and parallel to the north line of said Northeast Quarter of the Northwest Quarter. and That part of Outlot E, Sugar Woods, Hennepin County, Minnesota lying north of a line drawn 1,170 feet south of and parallel to the north line of the Northeast Quarter of the Northwest Quarter of Section 34, T 118 N, R 23 W. Said property is hereby rezoned from RR-IB Single Family Rural Residential District to B-1 Retail Sales Business District. Section 5. This ordinance shall be published in the Laker/Pioneer newspaper and shall be effective upon publication. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 14th day of April, 1997 by a vote of ___ayes and___nays. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk 1 4 T, I MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17,1997 Stoddard moved. McMillan seconded, to anorove AoDlication #2212 with aoDroval for a right-in, right-out curb cut subject to applicant being required to pay for any future road or bike trail on the north side of said lot. Lot 1 would be subject to utility and drainage easements continuing along Outlot D and subject to any future development between Willow Drive and Brown Road along the Hwy 12 corridor. The applicant would be bound by the City's requirements for road access. The right-in, right-out access would be eliminated when the frontage road is built. McMillan questioned whether the motion was too restrictive and if the option of aligning with Brimhall could be reviewed to allow for total crossing of Hwy 12, which would benefit safety. Stcddard did not recommend amending the motion but said applicant could discuss the possibility with Mn/DOT. (^um said the applicant was negotiating with Mn/DOT regarding the pond and could consider the Brimhall option. Cliff Otten said he would offer his support of the Brimhall option. Smith inquired if a shared curb cut could occur with a bank and the Wear property. Gaf&on said Wear would have to be consulted, and there were possible safety concerns. Vote; Ayes 5, Nays 0. (#3) 7:45 P.M. - #2224 CITY OF ORONO, 2080/2160/2190 WAYZATA BLVD. - REZONING - 8:58-9:00 P.M. The Affidavit of Publication and Certificate of Mailing were noted. minutes of the orono planning commission MEETING HELD ON MARCH 17, 1997 Gaf&on reported that the aoDlication is a Citv-initiated ''housekeeoina" rezonina of a 55' strip of land remaining that is still zoned in the 2 acre residential zoning from the creation of Sugar Woods in 1988. Property was rezoned at that tune from 2 acre single family to 1 acre single family. The southern boundary was not included next to the B-1. Staff is recommending rezoning of the majority to B-1 and a portion in the Sugar Woods residential buffer area u>nverted to R-1,1 acre zoning. Outlot D is to be zoned 1 acre with Outlot E (the Wear property) and Outlot F to B-1. McMillan questioned whether this rezoning would affect the issue previously discussed in the Reber application (agenda item #2) or the proposed frontage road. Gaf&on informed her that tliis rezoning was to clean up some pieces of land into the intended residential and commercial zones. There were no public comments. Berg moved, Lindquist seconded, to approve Application #2224. Stoddard inquired if Mr. Wear was notified of this rezoning. Gaffiron said he had spoken with Wear, who had no problem with the proposed rezoning. It was no surprise to him as it had pre\nously been discussed. Vote: Ayes 5, Nays 0. (The meeting was recessed until 9:10 p.m.) ACTION ITEMS ■I 1 To:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator From: Date: Michael P. GafTron, Asst. Planning & Zoning Administrator March 10, 1997 Subject: #2224 City of Orono, 2080-2160-2190 Wayzata Blvd. - Rezoning - Public Hearing Application: City-initiated 'housekeeping' rezoning of 55* strip within/near Sugar Woods plat from RR-IB Single Family Rural Residential District to B-1 Retail Sales Business District or R-1A Single Family Residential District. Properties Involved: - Outlets A, D, E, F of Sugar Woods - Bill Wear property containing the 'Orono Shopping Center' List of Exhibits: A - Draft Rezoning Ordinance B - Plat Map C - Property Owners List (Used list provided for Sugar Woods 2nd Additon Applic. #2212) D - Sketches of Proposed Rezoning E - Current B-1 District Description F - Ord. #64 2s. Adopted 10/10/88 (Rezoned Sugar Woods residential from RR-IB to R-1 A) G - Public Hearing Notice I I - Comprehensive Plan Amendment #2 Excerpts (1987) Background Prior to the platting of Sugar Woods in 1988, the 2-acre RR-IB District extended northward from an cast -west line located 1170' south of the north line of Section 34. The property on the south side of the 1170' line was zoned B-1 (Exhibits D & E). When Sugar Woods was platted, the residential part of Sugar Woods in the RR-IB zone, was rezoned to R-1 A, 1-acre residential. The south boundaiy- of the Sugar Woods residential area was about 1115' south of the north line of Section 34. Consequently, the rezoning to R-1 A only extended down to the 1115' line. This inadvertently left a 55' strip still zoned RR-IB, between the R-1 A and the B-1. The City's intent since this was discovered some years ago, has been to rezone this strip to B-1, matching the zoning district boundaries to the current property boundaries. The current Sugar Woods Outlot E re plat proposal is the motivation for doing this rezoning now. Zoning File #2224 March 7,1997 Page 2 Impact of Rezoning The proposed rezoning will result in the following benefits: - Zoning boundaries will follow lot lines rather than bisecting individual properties - Outlets E and F, and the Wear property, will no longer have the potential limitations imposed by a 50-55' strip of RR-IB at their north ends. - The incongruity of having an unusable strip of RR-IB sandwiched between R-1A and B-1 zones, will be eliminated The only possible negative impact of this rezoning would be that the Sugar Woods residential owners might perceive this as allowing commercial development to be closer to their back yards. However, they knew (or had every opportunity to learn) that the property in Outlets E and F was planned for commercial uses when they purchased in Sugar Woods. V Note that the legal descriptions for the rezoning take into account that the south boundary of Sugar Woods Outlets A and D, does not exactly match the 1115' line but is slightly skewed (See Exhibit D-2). Tlie result is that a small portion of the residential commons (Outlet A) and part of the future service road (Outlet D) is being rezoned from RR-IB to R-1 A; and that a sliver of Outlet F currently zoned R-1 A will become B-1. Conformity with Comprehensive Plan This rezoning is in conformance with Orono's 1987 Highway 12 Comprehensive Plan, hence no Plan Amendment is required (See Exhibit 11). Staff Recommendation Staff recommends approval of the proposed rezoning.■ /.to \h<f)f o 5'^ ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY LISTING THE LEGAL DESCRIPTION OF CERTAIN PROPERTIES WITHIN THE CITY AS REZONED FROM RR-IB TO R-IA, FROM RR-IB TO B-1, OR FROM R-IA TO B-1 THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. The municipal code of Orono is hereby amended by amending the official zoning map and zoning use district boundaries for the property described as follows: That part of Outlots A and D, Sugar Woods, Hennepin County, Minnesota lying south of a line drawn 1,115 feet south of and parallel to the north line of the Northeast Quarter of the Northwest Quarter of Section 34, T 118 N, R 23 W. Said property is hereby rezoned from RR-IB Single Family Rural Residential District to R-IA Single Family Residential District. Section 2. The municipal code of Orono is hereby amended by amending the official zoning map and zoning use district boundaries for the property described as follows: That part of Outlot F, Sugar Woods, Hennepin County, Minnesota lying north of a line drawn 1,115 feet south of and parallel to the north line of the Northeast Quarter of the Northwest Quarter of Section 34, T 118 N, R 23 W. Said property is hereby rezoned from R-1A Single Family Residential District to B-1 Retail Sales Business District. Section 3. The municipal code of Orono is hereby amended by amending the official zoning map and zoning use district boundaries for the property described as follows: That part of Outlot F, Sugar Wcods, Hennepin County, Minnesota lying south of a line drawn 1,115 feet south of and parallel to the north line of the Northeast Quarter of the Northwest Quarter of Section 34, T 118 N, R 23 W and lying north of a line drawn 1,170 feet south of and parallel to the north line of said Northeast Quarter of the Northwest Quarter. Said property is hereby rezoned from RR-IB Single Family Rural Residential District to B-1 Retail Sales Business District. Section 4. The municipal code of Orono is hereby amended by amending the official zoning map and zoning use district boundaries for the property described as follows: That part of the Northeast Quarter of the Northwest Quarter of Section 34, T 118 N, R 23 W, bounded on the north by the south line of Outlot D, Sugar Woods, Hennepin County, Minnesota; on the west by the east line of Outlet E, Sugeu Woods, Hennepin County, Miimesota; on the east by the west line of Outlot F, Sugar Woods, Hennepin County, Minnesota; and on the south by a line drawn 1,170 feet south of and parallel to the north line of said Northeast Quarter of the Northwest Quarter. and That part of Outlot E, Sugar Woods, Hennepin County, Mirmesota lying north of a line drawn 1,170 feet south of and parallel to the north line of the Northeast Quarter of the Northwest Quarter of Section 34, T 118 N, R 23 W. Said property is hereby rezoned from RR-IB Single Family Rural Residential District to B-1 Retail Sales Business District. Section 5. This ordinance shall be published in the Laker/Pioneer newspaper and shall be effective upon publication. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the __ day of ____________, 1997 by a vote of ___^ayes and ___nayes. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk RUN DATE 02/13/97 BATCH 507 PROP ADDR 0M4ER NAME TAXPAYER NAHE/ADOR PROP AOOR OHNER NAME TAXPAYER NAME/AODR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR 0I«4ER NAME TAXPAYER NAME/ADDR PROP AOOR Ol'MER NAME TAXPAYER NAME/ADOR PROP ADDR 0W4ER NAME TAXPAYER NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OJ94ERS LIST 38 3A-118-23 21 0032 00038 ADDRESS UNASSIGNED SIDNEY 8 8 BARBARA REBERS SIDNEY B 8 BARBARA REBERS 3525 HEBSTER AVE ST LOUIS PARK MN 55<V16 38 3A-118-23 22 0019 00038 ADDRESS UNASSIGNED CITY OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 34-118-23 24 0058 00038 ADDRESS UNASSIGNED SIDNEY B 8 BARBARA REBERS SIDNEY B 8 BARBARA REBERS 3525 WEBSTER AVE ST LOUIS PARK MN 55416 72 34-118-23 23 0009 00520 BRIMHALL AVE EARL W DAY 8 S0f4S INC J 8 H PROPERTIES INC 2815 MCKEtRUE PT RO HAYZATA MN 55391 72 34-118-23 24 0002 02073 HAYZATA BLVD W GREGORY M SHAUGHNESSY LONG LAKE FORD TRACTOR INC 2073 W HAYZATA BLVD P 0 BOX 697 LONG LAKE MN 55356 72 34-118-23 24 0015 00512 VIRGINIA AVE T J 8 C M KIELEY THOMAS 8 CARA KEILEY 512 VIRGINIA AVE LONG LAKE MN 55356 38 34-118-23 22 0015 00038 ADDRESS PENDING C 8 L OTTEN CLIFFORD 8 LOUISE OTTEN BOX 249 L&N6 LAKE MN 55356 36 34-118-23 22 0020 00038 ADDRESS USASSIGNED C 8 L OTTEN CLIFFORD 8 LOUISE OTTEN BOX 249 LONG LAKE MN 553.>6 72 34-118-23 13 0011 01977 HAYZATA BLVD H P S 8 P A GOSHGARIAN PAUL 8 PATRICIA GOSHGARIAN 5965 LAKEVIEW OR MOUND MN 55364 72 34-118-23 23 0023 02225 HAYZATA BLVD PERRY'S VENTURES INC PERRY'S VENTURES INC 2205 H HAYZATA BLVO LONG LAKE MN 55356 72 34-118-23 24 0013 00522 VIRGimA AVE J J 8 S M RUFF CHERYL LYN RUFF 522 VIRGINIA AVE LONG LAKE MN 55356 72 34-118-23 24 0025 02045 HAYZATA BLVO W D CREAR 8MB CREAR DAN CREAR 1980 SPATES AVE HAYZATA MtJ 55391 "V? HP” REPORT NO. PI^35401 PAGE 22 38 34-118-23 22 0017 02251 PINE RIDGE LA CAL OTTEN CLIFFORD A LOUISE OTTEN P 0 BOX 249 LONG LAKE m 55356 38 34-118-23 24 0001 02120 NAYZATA BLVO W WILLIAM WEAR ETAL WILLIAM W WEAR 36 HACKBERRY HILL LONG LAKE MN 55356 72 34-118-23 13 0071 01964 WAYZATA BLVD W STATE BANK OF LONG LAKE STATE BANK OF LONG LAKE 1964 WAYZATA BLVO W LONG LAKE MN 55356 72 34-118-23 23 0053 02205 WAYZATA BLVD H PERRY'S VE^r^URES INC PERRY'S VENTURES INC 2205 WAYZATA BLVD H LONG LAKE MN 55356 72 34-118-23 24 0014 00522 VIRGINIA AVE J J & S M RUFF CHERYL LYN RUFF 522 VIRGINIA AVE LONG LAKE MN 55356 72 34-118-23 24 0026 00545 VIRGINIA AVE D CREAR AMD CREAR DAN CREAR 1980 SPATES AVE WAYZATA MN 55391 h‘iXf •t ta • iV ' • I V .... Vv'i A • ’ i sv . IT* Yv k f'({ '•j 5^ 0 RUN DATE 02/13/97 DATCH 507 PROP AODR OHNER NAME TAXPAYER NAHE/AODR PROP AODR ONNER NAHE TAXPAYER NAHE/AODR PROP AODR OHNER NAME TAXPAYER NAHE/AODR PROP AODR ONNER NAHE TAXPAYER NAHE/AODR PROP AODR OHNER NAHE TAXPAYER NAHE/AODR PROP AODR ONNER NAHE TAXPAYER NAHE/ADDR HENNEPIII COUNTY PROPERTY INF0RHATI0f4 SYSTEH PROPERTY OWNERS LIST 38 3^-118-23 12 0003 00690 DROHN RO N KATHRYN DUNCANSON K A A C DUNCANSON 690 BROVIN RD N LONG LAKE HN 55356 38 34-118-23 21 0015 02109 SUGARHOOD DR DAD AHLERS DAVID H A DIANE R AHLERS 2109 SUGARNOOD DR LONG LAKE HN 55356 38 34-118-23 21 0018 02103 SUGARNOOD DR S H A A H LASKY STUART H A ANN H LASKY 2103 SUGARNOOD DR ORONO HN 55356 38 34-118-23 21 0022 02104 SUGARNOOD DR REBERS CONSTRUCTION CO REBERS CONSTRUCTION CO 3525 NEBSTER AVE HPLS HN 55416 38 34-118-23 21 0025 02110 SUGARNOOD DR C TAKACH A H G TAKACH CSABA A HARIA G TAKACH 2110 SUGARI^IOOD DR LONG LAK HN 55356 38 34-118-23 21 0028 00038 ADDRESS UNASSIGNED SUGAR HOODS HOHEONNERS ASSOC SUGAR HOODS HOHEONNERS ASSOC C/0 REBERS CONSTRUCTION CO 3525 NEBSTER AVE HPLS HN 55416 0004 N 38 34-118-23 12 00650 BROI*24 RD TANA R SEIBOLD TANA R GARRETT 650 BROVIN RD N LONG LAKE HN 55356 38 34-118-23 21 0016 02107 SUGARNOOD DR T J A V A SMITH THOHAS J A VIRGINIA A SMITH 5455 BRYAtIT ST HAPLE PLAIN m 55359 38 34-118-23 21 0019 02101 SUGARNOOD DR H L A J L DAVENPORT MILES L A JANET L DAVENPORT 2101 SUGARNOOD DR LONS LAKE HN 55356 38 34-118-23 21 0023 02106 SUGARNOOD DR REBERS CONSTRUCTION CO REBERS CONSTRUCTION CO 3525 WEBSTER AVE HPLS HN 55416 38 34-118-23 21 0026 02112 SUGARNOOD OR J R A S N CAMPBELL JAMES R A SUSAN W CAMPBELL 2112 SUGARI*IOOD DR LONG LAKE HN 55356 38 34-118-23 21 0030 00038 ADDRESS UNASSIGNED SUGAR WOODS HOHEONNERS ASSOC SUGAR WOODS HOHEONNERS ASSOC C/0 REBERS CONSTRUCTION CO 3525 WEBSTER AVE HPLS HN 55416 REPORT NO. PI435401 PAGE 21 38 34-118-23 21 0002 02160 NAYZATA BLVD N NILLIAH N NEAR A WIFE HILLIAH N HEAR 2160 NAYZATA BLVD 8306 LONG LAKE HN 55356 38 34-118-23 21 0017 02105 SUGARNOOD DR REBERS CONSTRUCTION CO REBEPS CONSTRUCTION CO 3525 WEBSTER AVE HPLS HN 55416 38 34-118-23 21 0021 02102 SUGARI'IOOD DR REBERS CONSTRUCTION CO REBERS CONSTRUCTION CO 3525 WEBSTER AVE HPLS MN 55416 . . V •* >• •f H • t. . . -if • V ^ 38 34-118-23 21 0024 02108 SUGARNOOD DR . * i.l! REBERS CONSTRUCTION CO REBERS CONSTRUCTION CO - V • 3525 WEBSTER AVE HPLS HN 55416 !. '*5'^ 1 1 38 34-118-23 21 0027 02114 SUGARNOOD DR LEGEND HOMES INC LEGEND HOMES INC 21301 CO RO 81 P 0 BOX 298 ROGERS HN 55374 38 34-118-23 21 0031 00038 ADDRESS UNASSIGNED CITY OF ORONO « CITY OF ORONO P 0 BOX 66 • CRYSTAL BAY MN 55323 • a t ‘J * ‘J RUN DATE 02/13/97 BATCH 507 PROP ADDR ONNER NAME TAXPAYER NANE/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADOR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR i PROP ADDR ONNER NAME TAXPAYER NAME/ADDR • * HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST 72 34-118-23 24 0027 00535 VIRGINIA AVE MARGARET E HILKES MARGARET E HILKES 535 VIRGINIA AVE LONG LAKE MN 55356 72 34-118-23 24 0036 02069 HAYZATA DLVD H HIBNEL BUDGET RENTAL HIBNEL BUDGET RENTAL 2069 HAYZATA BLVO H LONG LAKE MN 55356 72 34-118-23 24 0046 02025 StIAUGKNESSY CIR RJR HOLDINGS CO INC RJR HOLDINGS CO INC 2025 SHAUGKNESSY CIR LONG LAKE MN 55356 72 34-118-23 24 0052 02085 DANIELS ST QUENTIN P NEHSTROM ET AL LAKE ENGINEERING INC P 0 BOX 787 2085 DANIEL ST LONG LAKE MN 55356-0787 REPORT NO. PI435401 PAGE 23 * 72 34-118-23 24 0028 00525 VIRGINIA AVE GUY H FELOMANN GUY H FELDMANN 525 VIRGINIA AVE LONG LAKE MN 55356 72 34-118-23 24 0029 00515 VIRGINIA AVE 0 A C SMEBY OMEN H SMEBY 515 VIRGINIA AVE LONG LAKE MINN 55356 72 34-118-23 24 0039 02045 SHAUGKNESSY CIR JAM INVESTMENTS JAM INVESTMENTS 6341 KINGSVIEH LA N MAPLE GROVE MN 55311 72 34-118-23 24 0040 02065 HAYZATA BLVO N JOHN B DRISCOLL JOHN B DRISCOLL C/0 FCI 332 MINNESOTA ST 12100 ST PAUL MN 55101 72 34-118-23 24 0048 02073 HAYZATA BLVD H GREGORY M SHAUGKNESSY LONG LAKE FORD TRACTOR INC 2073 H HAYZATA BLVD P 0 BOX 697 72 34-118-23 24 0049 00540 VIRGINIA AVE PAUL S GOSHGARIAN ET AL P S A P GOSHGARIAN 5965 LAKEVIEH DR MOUND MN 55364 %I LONG LAKE MN 55356 TOTAL BATCH 507 00046 -5 1 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 KN0I*1LEDGE AND BELIEF. DA . ^•v / / / / bance m. ^ ^ i->s. § r‘ 'S’^/AI ^ u '•' ITORRENS CASE A>7^-i 7 4»'v Na 17100 •1 ^^96^-J+ / / L ''334.52MEAS.; ./•1 /«! •1 1 •'1 ✓i> 1 *1 f,' 1 / / N 02*’19 ’00” -— 231.71 meas.^,^ TORRENS CASE Na 17100 232.24 --------------------------:--------------------------- f- -221.67- ------ °xW =3 •n •n N c (/) X S 2< 2 O >< M ; i ; f- •if ■:4. .V A 1 4 ■'1 - A •j '?■1 5^A= F f f • . •.. • • • • • . •: m •• • mi-e B-1 RETAIL SALES COMMERCIAL The following property in the east 1/2 of the Northwest 1/4 of Section 34, Township 118, Range 23: That part lying within the Corporate Limits of the City of Orono and South of a line sdrawn. 1,170. feet .South.of and. parallel to. the.North line of .. ... ■ \ the said East 1/2 of Section 34, Township 118, Range 23.'^ 0 • • • *■ The " following* proper“ty in the South 1/2 of’Section’ 17 , ’Towhsliip' • • • • . • • * - 117, Range 23: (a) South 295 feet of the East 132 feet Lot 5, Block 9, of the Townisite of Langdon Park; (b) Lots 13 and 14, • * . * * . • . * . Block 7, Navarre Heights; (c) Lots 1 - .7 and 22 28, Block 6, Navarre Heights; (d) Lots 25 - 28, Block 5, Navarre Heights;. • • • • (e) All of Lot 5, Block 3, Townsite of Langdon Park lying West of • . * • • • • • the center line of County Road No. 19; (f) That part of Gcvernment Lot 6 lying in the South 1/2 of Section 17, Township 117, Range 23- 0 described as follows; Beginning at a point on the center line of Navarre Lane at the extension of the North line of Lot 5, Block 3, Tovmsite of Langdon Park; thence Southwesterly along the center line • • of Navarre Lane a distance of 378.30 feet to the center line of . • •• • •County Road 15, thence easterly, along .the center line of C.ounty. .. .. Road 15, a distance of 560.62 feet; thence Northwesterly to the * ’point of beginning. ’ ’ ‘ • /«* •. *-v.* «•. • •» *« . .«• 4.* . ••• *« / • •« • • V %v.. F ORDINANCE NUMBER 64, SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY LISTING THE LEGAL DESCRIPTION OF A CERTAIN PROPERTY WITHIN THE CITY REZONED FROM RR-IB TO R-IA THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. The municipal code of Orono is hereby amended by amendinu the official zoning map and zoning use district boundries for property legally described below: That part of^a property located in the east half of the northwest quarter of Section 34, Township 118, Range 23, described as follows: That part lying north of a line drawn 1,115 feet south of and parallel with the north line of the east half of the northwest quarter of Section 34. To be hereby rezoned from the RR-IB Rural Single Family Residential District to R-IA, Single Family Residentail District. Section 2. This ordinance shall be published in the Laker/Pioneer newspaper and shall be effective upon publication. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 10th day of October, 1988. Publish in the Laker and Pioneer newspaper the week of April 3, 1989 CITY OF ORONO 2750 Katl«y ParfcwaK P.O. Box 50 Crystal Bay, MN 55323 Phona (512) 473<7337 Fax 473* 0510 NOTice The Planning Commission will hold a pubftc^heaili^JjT^e Cou"c« Chambers at 1997 at 7:45 p.m. on the matter ol application 42224, the proposed rezoning ol portions ol properties located at 2050, 2160 and 2190 ViByzata Boulevard Irom RR-tB One Family Rural Residential District to B-1 Retaa Sates Business District or R-tA Single Family Residantiai District. The property proposed lor rezoning is legally described as: That portion ol the Northeast Quarter ol the Northwest Quarter ol Section 34 Township 118 North, Range 23 West lying north ol a One drawn 1,170 leet south of and' parallel to the North line of said Northeast Quarter ol the Northwest Qu^er, and lying south ol a Kne drawn 1,115 leet south ol arid parallel to the North line ol said Northeast Quarter ol the Northvrest Quarter. Affidavit of Publication Th« ppr^ of Outiot F,'Sugar Woods, >™o. IM NSSSiSTN Slate of Minnesota. County of Hennepin. fvnnlUS and further will result 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 slated below: ~ vviiiicii wmmenis are pfoposad rezonIng is avaBable in the City offioes lor review. CItyolOrono By; Planning Commission Michael P. Galfron. Assistam Planning and Zoning Administraior March M99? A. ) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331A.07, and other applicable laws, as amended. B. ) The printed J) 1^^224. Mm which i^allac^ed was cut from the columns of said newspaper, and printed and published once each week for successive weeks: It was first published Mor^^y. the—1.__dav of / //lilljlj and was thereafter printed and published every Monday, to and including Monday, Subscribed and sworn to me on this iWPTPWiic•'RISTI HOUyi -UBUC-MNNSSOTA MY COMM. EXPIRES Rate Information (1) Lowest classified rate paid oy commercial users for comparable space; Si2.20 per inch. (2) Maximum rale allowed by law for above mailer: $12.20. (3) Rale actually charged for above mailer: $7.00 per inch. Each additional successive week: $5.05. \ i q m q m m •4 m q q H m 1 q 1 ‘4 /f 3.5 Property No. 4 Introduction - This 45 acre grouping is currently under two ownerships with the majority of it zoned rural residential single family. Approximately 10 acres abutting Highway 12 are currently zoned B-1 residential business district. All but approximately 3 acres of this are under a single owner. Typical concerns for this property include access to Highway 12 and North Brown Road together with the concern for safety at the North Brown Road and Highway 12 intersection. Discussion of Alternatives - Alternative No. 1 - Present Zoning If this property were to develop as it is currently guided and zoned/ it would result in a narrow strip of commercial uses along Highway 12. However, since these businesses will be restricted from direct access off Highw'ay 12, some form of frontage road will need to be provided. If this area were to be served by a frontage road adjacent to Highway 12, it would represent an expensive solution to this problem since this road would only be developed on one side.:ii|; imm ' I ----.,4 ♦ ^ ^o. & ••«••••• *.*.*.*.*.*.*z^. ............... • •••••••••• • • *• •••••••••• 9^^* • • • « I::::::::::::-::::- ^2 Area 4 & 5 Fig. 30 Alternative No. 2 - Hl,hwarirto bVseTJea >’-i»e-/con™ercial abutting «v . ® ^■^°'"=aga road that would ou provide for multi-residential with the bulk of the northern. .. ........ „ eliminated from considerat-1 ^ , nsideratxon x„ exchange for frontage road between North Brown Road and Willow Drive. • ‘ ' V.V* . . Fig. 31 m m m m I • m m m SI I Alternative No. 3 - Property Owners Proposal - At the beginning of the process, the owner submitted a scheme for development of the property, which was subsequently amended by the owner during the process which provides as shown in Figure 32 for: A) A combination of land 2 acre single family lots on the north portion utilizing municipal services. The two acre single family are used to buffer the 2 acre unsewered lots to the north and west. B) The southern portion does provide for a remote frontage from Brown Road west to the western edge of the property. • k • /iTn•M •*" ^ r-r—r-s*----r~; /! /. V f L ‘ ! • V </ L u^ _L..11 / Mm 4 :5:v. I SIDNEY REBERS ••o-e. mmmta /N NORTH r—L—Ji r-^i- I II Property Owner Proposal Area 4 Hg.32 1 Recommended Alternative - The recommended alternative, which is includes a further extension of the limited/office commercial business district back from Highway 12, with a remote frontage road on the back portion, of this district similar to figures 31 and 32. Prior to the development of the commercial portion of this property, the existing intersection at Brown Road and Highway 12 shall be improved so that safety concerns associated with the current use and future increased use of this intersection are addressed. Configuration of the frontage road and North Brown Road would be determined at the time of development. Frontage road access to Highway 12 could either be opposite Brimhall Avenue in Long Lake, and/or on Willow Drive opposite the frontage road between Willow Drive and Old Crystal Bay Road. The property north of the commercial area would be single family with sewer and water planned for the area. With sewer and water services available to the property, the owner could submit a 1 and 2 acre mixed single family density alternatives for Council consideration. The maximum allowed density acceptable would not exceed that outline in the alternative 3, subject to utility availability, appropriate density, buffering, etc. The residential area would be served by a cul-de-sac or circular road off Brown Road with no connection to the west if the frontage road is installed. I I I I I I I I I I I I ^UNcii Apf^ 1 ^ 1S97 REQUEST FOR COUNCIL ACTIOrfc;^^^^^ DATE: April 4, 1997 ITEM NO.: Department Approval: « Administrator Reviewed: Name Liz Van Zomeren Title City Planner Agenda Section: Licenses Item Description:Home Occupation License 2)oning District:LR-lC, One Family Lakeshore Residential District, 1/2 acre Applicant: Address: John B. Waldron 1951 Concordia Street Orono, MN 55391-9320 Proposed Home Occupation:Law Office Pertinent Zoning Ordinance:Section 10.02, Subd. 4. C • FINDINGS: Home Occupations are allowed as accessory uses in the LR-IC, One Family Lakeshore Residential District, subject to the following requirements: 1 . "... when engaged in only by persons residing in their dwelling, when their is no employed assistant Mr. Waldron has indicated on his application form that the only employees are family A I i % 6. 8 9. The law office will be located within the principal structure. 3. "when evidence of the occupation is not visible from the street" There will be no change in the appearance of the dwelling unit from the street to indicate that there is a law office in the home. 4. "no sigriS other than those permitted in the "R" Districts are present" No signs are proposed. 5. "no excessive stock in trade is stored on the premises No excessive stock in trade (merchandise) is proposed "over the counter retail sales are not involved" No retail sales will be conducted on the premises. "the entrance to the home occupation is gained from within the structure" The law office will be entered from within the dwelling unit. "the use does not adversely affect the character of the uses permitted in the district in which it is located." The proposed law office will not dtuse the dwelling to be out of character with other residences in the area. "A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for general practice of his profession when such general practice will involve the need for more than three off-street parking spaces for the occupant and visitors". The applicant’s law office will not generate a demand for more parking at the residence. COUNCIL ACTION REQUESTED: Approve the application for a home occupation license in compliance with the above findings. 96 t HO John Waldron 1951 Concordia Streei 4/14/97 page-2 APPLICATION FOR ANNUAL HOME OCCUPATION LICENSE CITY OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 NAME: John Brooks Waldron PHONE: ^71-0940 ADDRESS: 1951 Concordia Street 0 rono. HN 55391-9320 street city/state BUSINESSNAME: Waldron Law Offices. Ltd.________ TYPE OF BUSINESS TO BE OPERATED: law office Number of Employees Within Operation:_3__ (Provide names of employees on back of application) Check One: Initial Review Fee $50.00 ^ Annual Review Fee $30.00_____ License may be revoked if any violation occurs. City staff shall have five (5) business days in which to investigate and make a recommendation pursuant to Orono Municipal Code Section 5.02 & 5.03. If a site inspection is required by City staff, the review time will be extended to ten (10) business days. The license application with staff recommendation will be scheduled before the Council at the next regularly scheduled meeting held on the second and fourth Monday of each month. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices 1. It is unlawful for any business operating as a home occupation to engage in operation without proper licenses. 2. All persons engaged in the business must reside in the dwelling. 3. No commercial signs permitted other than signs permitted in the residential zone. 4. No excessive stock in trade may be stored on the premises. 5. Over the counter retail sales is not allowed. 6. Entrance to the home occupation must be gained from within the structure. The undersigned hereby a^r^ /o the conditions quoted above from the Orono Municipal Code and any additional conditions the City rnay require. Signature of Applicant: John B. Wa 1 a ron Date: 3/26/97 FOR CITY USE ONLY: After review of application, staff recommends the following: _______Approval of application __________Denial of application Signature of Zoning Official:Date: Date:Signature of Building Official:___________________________________ Application Date:________^Date License Approved:________Date License Expired: 03/28/97 Pay 50.00 1 - • /S'* LISTING OF EMPLOYEES: NAME: John B. Waldron ADDRESS: 1951 Concord i a St. CITY & ZIP; Orono, MN 55391 NAME: Lynn H. Waldron_____ ADDRESS: 1951 Concordia St. rTTY^7:TP: Orono, MN 55391 NAME: Bethany L. Waldron ADDRESS: 1951 Concordia St. CITY&ZIP; Wayzata, MN 55391 NAME: ADDRESS: CITY & ZIP: NAME: ADDRESS: CITY & ZIP: NAME: ADDRESS: CITY & ZIP: NAME: ADDRET-S^ CITY & ZIP: NAME: ADDRESS: CITY&ZIP: NAME; ADDRESS: CITY&ZIP: NAME: ADDRESS: CITY&ZIP: NAME: ADDRESS: CITY&ZIP: NAME: ADDRESS: CITY&ZIP: i; Waldron Law Offices , LTD. John b. Waldron ATTORNEY AT Law Suite 103,19S1 C oncordia street Wayzata . Minnesota 55391-9320 m 2 8 TELEPHONE (612) 471-0940 FAX (612)471-8859 ALSO ADMITTED TO PRACTICE IN WISCONSIN March 26, 1997 Ms. Liz Van Zomeren City Planner/Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Application for Annual Home Occupation License Dear Ms. Van Zomeren: Enclosed is an Application for Annual Home Occupation License and my check in the sum of $50.00 for initial review fee. JBW Enclosures 4 1 r pioneer People In The N ews • • : •:,.= :v Honor students Jessi Nikko The following area students have received the Chancellor’s Award for academic excellence during the first semester at the University of Wisconsin-Stout: Brandon McCartney, son of Mr, and Mrs. Larry W. McCartney of Orono, a senior majoring in industrial technology: Wendlyn Miller, daughter of Maurice and Sara Miller of Mound, a junior majoring in general business administration. Also, Jennifer Snyder, daughter of Mrs. Linda Snyder of Mound, a senior majoring in general business administration; Amy D, Sorenson, daughter of Mr. and Mrs. Merv Sorenson of Maple Plain, a junior majoring in general business administration: and Kari Renee Vollmar, daughter of David and Deborah Vollmar. Maple Plain, a freshman majoring in dietetics. The award is presented to students who have a semester grade point average of 3.5 or above. John Waldron John Brooks Waldron, a long- time resident of the Lake Minnetonka area, announces ti.o opening of Waldron Law Offices, Ltd. at 1951 Concordia Street' Orono. Waldron practices in the ^eas of real estate, family and business law, as well as estate planning, probate and general practice. 8i ’3duated from Mound Westonka High School in 1973. Lawrence University in 1977 and the University of Minnesota Law School in 1980. St. Olaf College softball coach Lori Littleton Brewer reports that outfielder Jessi Nikko (senior. Long Lake), is ready for action as a part of the nationally ranked program. Nikko is an Orono High School graduate. Alzheimer group to meet April 1 '■ An Alzheimer’s support group meeting, sponsored by the Alzheimer’s Association, will be held at 7 p.m. Tuesday. April '1, at Presbyterian Homes on Lake Minnetonka, in the Care Center Chapel. The group meets the first Tuesday of each month and is open to ail caregivers coping with Alzheimer’s disease or other memory loss disorders. The meeting consists of current information on the disease; discussion and other datai Monthly support groups are free and open to the public. For more information, call the Alzheimer’s Association, 888- 7653. Orono Conn meeting agen The following represe preliminary list of Orono City C business items on the agen Monday. March 24, at 7 p.m. Orono Council Chambers. 2700 Parkway. This listing is sub change without notice. 1. Jim Daniels. Cable Cor ication Commission administrator 2. Park commission applicar views. 3. Land-use applications: Sixth Avenue North - denial resc 2475 Shadywood Road - conditior permit; 1185 Hunter Ohve - prelir subdivision III; 2874 Casco Point f variance; 1950 Concordia St^ variance; Lake Minnetonka Big Vet ’s Camp - conditional use ( amendment; 1997 joint use licenses. 4. Reject bids - Lift Stati< renovation. 5. Request to hold auction. 6. Telecommunications tower antennas moratorium extension. 7. 1992 construction fund clos 0. Investment report - year c Dec. 31,1996 (information only). 9. Unaudited 1996 year-end nue and expenditure report (inforn only). 10. Harbor limits ordinance. 11. Westonka Senior Center. American Heart ^ Association..^ If you arc what you c why not cut hjick on f @EST H ennepin Police Repori Driving after revocation. On Feb. 26, West Hennepin Public Safety slopped a Big Lake man for an equipment violation. Police found that he had a revoked license and did not have insurance on the vehicle he was driving. He was cited arxJ released, ‘’^he vehicle was impounded.* Driving after revocation. On March i. West Hennepin F Safely stopped Jill Frances Jackson. < Delano for a driving violation. Jacksor found to have a revoked license and died for that offense Medical. West Hennepin Public Safely and Delano Rescue responded to a medical situation on Lake Haughey Road In Independence on Feb. 27. An Independence resident was having possible heart problems at her home. She was transported by North Memorial Ambulance for further aid. Theft. An Independence resident reportet someone entered one of his vehicles took fKoperty from it on March 1. Polic investigating. Page 3 - THE PIONEER . Saturday, March 22,1997 * • Driving after suspension. Rick James Carlson. 31. of Mound stopped for an equipment violation on K 1. Carlson had a suspended license an< died for that offeree. hasii __ Suspended license. On March 3, Christine Marie Harte of Elk River, vi^as ^ jpped and found to hi . * COUNCIL MEETING APR 1 4 1997 REQUEST FOR COUNCIL ACTION WY OF ORONO DATE: April 4, 1997 ITEM NO.: .) Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description: Home Occupation License Zoning District: RRl-B, One Family Rural Residential District, 2 Acres Applicant: Address: Thomas W. Clapp 475 Ferndale Road Orono, MN 55391 Proposed Home Occupation:Regional Sales Office (Morning Staar Surgical/Instrumentation, Inc.) Pertinent Zoning Ordinance: Section 10.02, Subd. 4. C Background: The applicant has purchased the residence at 475 Ferndale Road and has made plans to remodel the basement for a home office. His contractor has applied for the building permit and indicated that he would need to confirm with the City of Orono that the home occupation complied with City ordinances before remodeling work could commence. The applicant was not aware that the City had an ordinance regarding home occupations. FINDINGS: Home Occupations are allowed as accessory uses in the RRl-B, One Family Rural Residential District, subject to the following requirements: Thomas Clapp 475 Ferndale Rd. 4114197 CC page-l S i ......i*..—. rr wJTtrr y .i 1."...when engaged in only by persons residing in their dwelling, when there is no employed assistant" Mr. Clapp has indicated on his application that there are two employees and both will reside in the residence. Mr. Clapp has indicated to staff that he intends to hire a secretary that would not live within the residence. (Refer to applicant' letter). Having an outside employee would not be in compliance with the ordinance. 2. "when that occupation is conducted within the principal structure only" 6. 8. Thomas Clapp 475 Femdale Rd. 4/14/97 CC *page-2 The sales office would be located in the basement. 3. "when evidence of the occupation is not visible from the street" There will be no change in the appearance of the dwelling unit from the street to indicate that there is a sales office in the home. 4. "no signs other than those permitted in the ”R" Districts are present No signs are proposed. 5. "no excessive stock in trade is stored on the premises " No excessive stock in trade (merchandise) is proposed. "over the counter retail sales are not involved" No retail sales will be conducted on the premises. 7. "the entrance to the home occupation is gained from within the structure The sales office will be entered from within the dwelling unit. "the use does not adversely affect the character of the uses permitted in the district in which it is located." The proposed sales office will not cause the dwelling to be out of character with other residences in the area. 9. "A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for general practice of his profession when such general practice will involve the need for more than three off-street parking spaces for the occupant and visitors". The applicant's office will not generate a demand for more parking at the residence. COUNCIL ACTION REQUESTED Advise staff and applicant regarding allowing an outside employee (secretary). 97-2 Clapp 475 Femdale Rd. 4/14/97 page-3 1 • I 'i i APPLICATION FOR ANNUAL HOME OCCUPATION LICENSE CITY OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 NAME:-riHOviA-S Ui.PHONE: ^ ^ 3 - 600 ADDRESS: O^bt^OyMr^ / streetreel city/state Zip BUSINESSNAME: AlO/gAftN6> STA-Afe CA-C//AjST(2.U/^^>y7/VTlgA/; /Ai C TYPE OF BUSINESS TO BE OPERATED:_____________________________________ Number of Employees Within Operation: ^ (Provide names of employees on back of application) Check One: Initial Review Fee $50.00 Annual Review Fee $30.00 License may be revoked if any violation occurs. City staff shall have five (5) business days in which to investigate and make a recommendation pursuant to Orono Municipal Code Section 5.02 & 5.03. If a site inspection is required by City staff, the review time will be extended to ten (10) business days. The license application with staff recommendation will be scheduled before the Council at the next regularly scheduled meeting held on the second and fourth Monday of each month. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices 1. It is unlawful for any business operating as a home occupation to engage in operation without proper licenses. 2. All persons engaged in the business must reside in the dwelling. 3. No commercial signs permitted other than signs permitted in the residential zone. 4. No excessive stock in trade may be stored on the premises. 5. Over the counter retail sales is not allowed. 6. Entrance to the home occupation must be gained from within the structure. The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional conditions the City ma^:je®iire. Signature of Applicant: L ^Date : FOR CITY USE ONLY; After review of application, staff recommends the following: Approval of application _________Denial of application Signature of Zoning Official:Date: Signature of Building Official:Date: Application Date:Date License Approved:Date License Expired: 04/07/97 Pay 50.00 ----------.a- LISTB^G OF EMPLOYEES: NAME:'T/'fCMA NAME: ADDRESS: \s. f2/^ j\j ADDRESS: Al CITY & ZIP: CITY&ZIP: 'ST’^^ J NAME: ADDRESS: CITY & ZIP: NAME: ADDRESS: CITY & ZIP: NAME: ADDRESS: CITY & ZIP: NAME: ADDRESS: CITY & ZIP: NAME: ADDRESS: CITY & ZIP: NAME: ADDRESS: CITY 4& ZIP: NAME: ADDRESS: CITY & ZIP: NAME: ADDRESS: CITY&ZIP: NAME: ADDRESS: CITY&ZIP: NAME: ADDRESS: CITY&ZIP: ■1 ' arJ r MORNING STAARrl< lUIOICAl INC April 7,1997 Elizabeth Van Zomeren, A/CP City Planner City of Orono 2750 Kelley Parkway Orono, MN 55323 E)ear Elizabeth, Per our conversation today, I have completed the application, and have remitted the payment for an Annual Home Occupation License for a business to be operated from ''ir new home at 475 Femdale Road North. The nature of my business, MORNING STAAR SURGICAL, Incorporated, is as an exclusive distributor of a surgically implanted intraocular lens for 10 states in the upper midwest. My sales organization of 8 Representatives and myself, work in hospitals and with Ophthalmologists during surgery, to change from conventional cataract surgery, to the new modality that we have developed over the last 12 years. The office for which I am applying, would be described as follows. It is a Regional Sales office for my sales force. I am one of 7 regional offices in the US, most of which operate from the home. Because of the success of the new modality that we have developed, our business has grown rapidly in the last 4 years. Because of the amount of travel required in my position, I will require clerical help in the future. Our home cannot be viewed from the street (Femdale), as there are bushes and shrubs blocking the view. No signage is required or desired and no imposition will be made on any neighbor by parking of any cars, as the parking areas are not visible from Femdale. I respectfully request that my application be approved as submitted. Sincere regards. Thomas W. Clapp President MORNLNG STAAR SURGICAL, Inc. COUNCIL MEETING APR 1 4 1997 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: April 9, 1997 ITEM NO.: Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description: Home Occ’ipation License Zoning District: RRl-B, One Family Rural Residential District, 2 Acres Applicant: Address:Mitch Kezar 3050 County Road 6 Long Lake, MN 55356 Proposed Home Occupation:Location Photographer Pertinent Zoning Ordinance: Section 10.02, Subd. 4. C Background: The applicant is currently operating a home business at the subject property and employs outside employees. FINDINGS: Home Occupations are allowed as accessory uses in the RRl-B, One Family Rural Residential District, subject to the following requirements: 1."...when engaged in only by persons residing in their dwelling, when there is no employed assistant" ■trHiiw ^ T^r»i a mrim ■■ i 8. 9. 1 The applicant has indicated that he employs outside employees which is not in conformance with the ordinance. 2. "when that occupation is conducted within the principal structure only The occupation is conducted within the principal structure. 3. "when evidence of the occupation is not visible from the street" The occupation is not visible from the street. 4. "no signs other than those permitted in the "R" Districts are present" No additional signs are proposed The applicant's name sign appears on County Rd. 6. "no excessive stock in trade is stored on the premises" No excessive stock in trade (merchandise) is proposed. "over the counter retail sales are not involved Vo retail sales will be conducted on the premises. "the entrance to the home occupation is gained from within the structure" The entrance is from with'\; ihe structure. "the use does not adversely affect the character of the uses permitted in the district in which it is located." Residential uses are permitted in this zoning district. Businesses or commercial activities that cannot be considered home occupations are not allowed. "A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for general practice of his profession when such general practice will involve the need for more than three off-street parking spaces for the occupant and visitors". The employees currently park in the driveway area. Mttch Kezar 3050 County Rd 6 4/14/97 page-2 I i'ln. sr. I' COUNCIL ACTION REQUESTED Advise staff and applicant regarding outside employees. 97-2 Clapp 475 FemMe Rd. 4/14/97 page-3 't—-—--- I A APPLICATION FOR ANNUAL HOME OCCUPATION LICENSE CITY OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 ADDRESS: 3oSO Cx> (o __________ PHONE: street RTTSTNESSNAME: KG2>^, ciiy/state TYPE OF BUSINESS TO BE OPERATED: / vrA’Tfcfd ________________ Number of Employees Within Operation: (Provide names of employees on back of application) 1.00 Annual Review Fee $30.00____Check One: Initial Review Fee $50.00 License may be revoked if any violation occurs. City staff shall have five (5) business days in which to investigate and make a recommendation pursuant to Orono Municipal Code Section 5.02 & 5.03. If a site inspection is required by City staff, the review time will be extended to ten (10) business days. The license pplication with staff recommendation will be scheduled before the Council at the next regularly scheduleda meeting held on the second and fourth Monday of each month. ORONO MUNICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TO SECTION 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices . . u 1 . It is unlawful for any business operating as a iiome occupation to engage in operation wimout proper licenses. 2. All persons engaged in the business must reside in the dwelling. 3. No commercial signs permitted other than signs permitted in the residential zone. 4. No excessive stock in trade may be stored on the premises. 5. Over the counter retail sales is not allowed. 6. Entrance to the home occupation must be gained from within the structure. The undersigned hereby agrees to the yondltions quoted above from the Orono Municipal Code and any additional conditions the City^^a^ reqplre. Signature of Applicant: ' ^ ^ Date: ^ FOR CITY USE OP ter revK _ Approwfl of application application, staff recommends the following: Denial of application Signature of Zoning Official:Date: Signature of Building Official: ----- Application Date*_______^Date License Approved:. Date: Date License Expired: I inrA it" H ¥r: LISTING OF EMPLOYEES: ADDRESS:S^42> 0> (^ ^ CITY & ZW\l4>f^ Ukl, /}lfd NAME'jSi^ ADDRESS:44?eo /Ve CITY & '^A/ NAME: ADDRESS: CITY & ZIP: NAME: ADDRESS: CITY & ZIP: NAME: ADDRESS: CITY & ZIP: NAME: ADDRESS: CITY & ZIP: NAME: ADDRESS: CITY & ZIP: NAME: ADDRESS: CITY&ZIP: NAME: ADDRESS: CITY&ZIP: NAME: ADDRESS: CITY&ZIP: NAME: ADDRESS: CITY&ZIP: NAME: ADDRESS: cmr&ziP: •A >3 W 2612.58 RES r~^, *W S (I) fr/rV'-Sf^ i will (O)m ^ 11 r. I12^ c! ti I -/ 2 - —j| ' o-<^-;i‘g i •!>• I '•^•.^*rr.e :*' %v .•*••• •••• I (4) I \7t. 5 “* —107.7 S for* 56*0 ?eaoi a 1 (M) SECO^i® P (15) *•. 29.62 2A0‘ CN'Z A^ARCH 10, 1997 MU. GUEr. AAALIK 3060 COUN I r ROAD 6 LONO LAKE. ANN 55356 DEAR ORt<r., IN REGARDS lO lrlE ISSUE OVER OUR ;OIN I LY SHARED DRIVEWAY, Wt D LIKE IOCIARIEYTHE FOL LOWING POINTS. ACCORDING TO OUR AGREEMENT, SIGrJED AT fTIE ClOSiLs'G OF OUR PROPER! Y 3 Yf ARS AGO. EITHER OF US IS FREE TO ANAKE IANPROVEANENTS TO I HE DRIVEWAY. EITHER JOINTLY OR INDIVIDUALLY. If WAS YOUR DECISION TO ASPHALT THE DRIVEWAY AT YOUR OWN EXPENSE. V/E DID NOi CARe V o PAR1ICIPA1E IN THE PAVING Of THE DRIVEW'AY OK 1 HE COSTS INCURRED. V.'E PREFEREDTHAT IF BE LEFT A GRAVEL ROADV/AY. YOU HAVE VOICED CONCERNS ABOUT SCRViCE VEHICLES USING IHE ROAD, AND WE HAVE CON TACTED REPRESENTATIVES OF UPS AND FEDERAi. F.XP.<ESS lOGAIHER lNfORA\AT lON ABOU F T HEIR VEHICLES. 80IH HAVE STATED THAI FHEIR TRUCKS RUN OVER FRiVAIE DRIVEWAYS ALL OVER THE WORLD WlrHour problems . Gipss V/Etcm OF IRE HLAVlESL.VFHILLi.THPS DURING (HE HOLIDAY SEASON) NEV£/?f|X?f??:^nW^LB5., ANDGENLRALIY ISjitmaiiW?GVW. OUR CONTENTION IS THAT IF THIS ROAD IMPROVEMENT CANNOT WIT HSTAND NORA\AL TRAFFIC FROM LIGHT SERVICE VEHICLES, THEN II El I HER SHCUlD NOI HAVE BEEN IMPLEMENT ED, OR SHOULD BE BUiLT TO WIT M- STAND NORMAL USE. THESE VEHICLES MAKE lESS T^W.a TJlIPST^IROUGf I THE PROPERTY PLR V/EEK F O R; El U $ I NC$iS^ ^ ^^^gpOTHER VISITS OCcEJ^’^'tcAtJSt'wrORDER A^OS^ C>F OUR PERSONAL PRODUcPS'‘AND GOODS flEfTM MAIL ORDER/CAIAIOC. HOUSES. ANt:- THEY ALL SHIP VIA FEDEX UPS, ETC. I WILL, hlOWtVER, AGREE NOT TO ALLOW hlEAVY EQUtPA\ENr {DUA^P TRUCKS, CONSTRUCTION VEHI CLES, AND THE LIKE) TO TRAVERSE THE PAVED ROAD. THEY CAN INIER THE PROPERTY FJRQ/»\ V«/JTERE T_HE PRiyrOUS DRIVEWAY WAS LOCAT ED. I HAVE ALREADY INSIRUCl ED ANY GARBAGE SER VICE TO USE ONLY PICKUP-SIZED VlHIClES TO ENT ER THE PROPERTY. WE ARE NOT INTERESTED IN PURSUING CHANGING THE COURSE OF THE DRIVEWAY THROUGH OUR PROPERTY. BEC.AUSE OF OBVIOUS REASONS. ...BREAKING UP THE PROPER !Y, ESI HE MGS ADDcD EXPENSE, ETC. IN ADDJJION^WE LL BE IE n iNC. THE PROPtRTY ALONG THE DRIVEWAY (iNiiDE THE APPLE T REES) ORT PACK'^TO .AND DO NOT WISH IT TO BE An O'WED BEYC>ND THE R'GHT-OF- WAY 1 HIS YLAR. WE RE PLANNING TO PLANT A LOT Of SMALL TREES IN AND AANONG THE EXISTING OLDER TREES, SO WHEN i HEY DIE OFi-, WE LL HAVE GOOD GROUND COVER. Wt HOPE TOU CAN COME TO UNDFR'>IAND OUR WISHES. A.NC) LOOK FORWARD TO DISCUSSING ANYORA lLOF ri-lESE ISSUES WITH YOU fUKLHER' M'ARGARET MCDONALD u?--foV V'T?- Hof3 "fo / {k>t( PictC ’P /27 ■J/>1 G ■ AJ (s cH <> r<L i i yX modern roadways yNUxJcfn V omj'auv COMPANY 1620 Wiiinclka Avc. No. Miniua|X>lis. MN SS427 545-1777 Since 1953 A drivevsa) with a 4” yra\cl Iaivc and a 1" mal I'f A. C. Asphali v\ ill I'lily handle ears and pick-ups, it will noi handle 10,(.KX> lb. vehicle weight without breaking up . l:\en with a double l-l/2”(3”) inalol'A. C. Asphalt, ihcdiivcwav will not withstand IS,(XK)lbs. ffh. ,-M tv^' /• y / i/ 7 1 ^^Ncii APf^ X ^ 1997REQUEST FOR COUNCIL ACTION DATE: April 10,1997 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: //i Agenda Section: City Administrator’s Report Item Description: Planning Commission Reappointments ' The terms of two Planning Commission members, Dale Lindquist and Janice Berg, expired on March 31, 1997. Both members were initially appointed to the commission in 1993, Over the past year. Dale has attended 9 of the 11 Planning Commission meetings and Janice has attended 7 of the 11 meetings. The first step in the reappointment process is for the Council to determine whether the 2 commission members are eligible for reappointment. If so, they will be contacted to determine their interest in serving an additional term. COUNCIL ACTION REQUESTED: Motion to indicate the eligibility of Dale Lindquist and Janice Berg for reappointment to a 3 year term on the Planning Commission, COUNCIL MEETING APR 1 4 1997 REQUEST FOR COUNCIL ACTION ciTY OF ORONO DATE: April 14, 1997 ITEM NO.:10 Department Approval: Name Gregory A. Gappa Title Director of Public Ser\'ices Administrator Reviewed: 3.^ Agenda Section: Engineer ’s Report Item Description: Quotation for Navarre Well ftl Repair Wei! 1 in the Navarre water system requires emerj^ency repairs. This water system contains two wells. Well tf\ is the main well with a capacity of 1,000 gallons per minute. Well #2, with a capaciu of 275 gallons per minute, is used as a back up well. The screen on the well pump has failed and portions of this screen have broken off and become lodged in the check valve. This well has been shut down since this problem was discovered. Repair of this well requires the removal of the submersible well pump and motor. This well has been in operation since 1972, so the bearings and seals should all be replaced when the pump and motor are out. Since we are not certain on the e.xtent of damage or wear to the equipment, alternate quotes have been received for the replacement of the pump bowl assembly and motor. The decision on replacement of this equipment will be made after removal and inspection of these components. Items for the jetting and cleaning of the well screen and casing have also been included in the quotation. Quotations haw been obtained from four reputable well companies for this project. The quotations, including the alternates, ranged from $15,155.15 to $17,940. The lowest quotation was submitted by E. H. Renner & Sons Inc.. Elk River. A tabulation of the quotations received is attached. The quotation from E. M. Renner is summarized below. Equipment removal and repair, and cleaning of well $11,978.15 All 1 Furnish new pump bowl assembly *AU 2 Furnish new submersible motor $1,200.00 $ 1,977.00 * Alternates to be used if needed COUNCIL ACTION REQUESTED: Motion to authorize repairs to Navarre well ^2, and accept quotation from E. H. Renner and Sons Inc. V ir-' ^ J Bonestroo Rosene Anderlik & |\ I Associates Engineers & Architects Bonestroo. Rosene. Ander'ik ^<3 Associates, tnc i$ an Affirmative Acf.cn Equ.^f Opportunity fmptcycr principals Otto G Bonestroo. PE • Joseph c Anc1f*rhk. PB •M vvinL S0fV3l<». PE • Richtird E Turner. PE • Glenn R Cook, PE • Thom^i E Noyes. PE • Robert G Schunicht. PE • Jerry A. BourcJon, 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 Pfeff^rle PE • Richard W Foster PE • David O Loskora PE • Robert C Russek. A IA • Mark A Hansen. PE. • Michael T Rautmann. PE • Ted KF eld. PE • Kenneth P Anderson P£. ■ Mark R Rolfs. PE • Sidney P Williamson. PE. LS • Robert F Kotsmiih Offices Sr Paul. Rochester. Wilimar and St Cloud. MN • Mequon, wi April 6, 1997 City of Orono PO Box 66 Crystal Bay, MN 55323-0066 received APR 8 1997 erfV Or ORONO Re: Tabulation of Quotes Well No. 2 Maintenance BRA File No. 13993 Honorable Mayor & Citv Council Members: Quotations were opened for tne project stated above on Friday. April 4. 1997. Transmitted herewith are ten (10) copies of the tabulation of quotes for your information and file. Copies will also be distributed to each bidder. The following summarizes the results of the four quotes received. Contractor Base Bid Alternate No. /Alternate No. 2 Low E.H. Renner & Sons, Inc.SI 1,978.15 S1.200.00 SI.977.00 n Bergerson-Caswell, Inc.SI 2.920.00 SI.745.00 SI.400.00 #3 Keys Well Drilling Co.SI 3.832.00 S1.400.00 SI.600.00 #4 Alberg Water Services, LLC SI 4.990.00 SI,200.00 $1,300.00 The low bidder on the project was E.H. Renner & Sons, Inc. with a Base Bid of $ 11.978.15 and two alternate bids. These bids have been reviewed and found to be in order. Therefore, we recommend that the project be awarded to E.H. Renner tie Sons, Inc. for the Base Bid amount of $11,978.15. Should you liave any questions, please feel free to contact me at 604-4833. Sincerely. BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC, Richard W. Foster, P.E. RWF:pah:enc 2335 West Highway 36 ■ St. Paul, MN 55113-3898 ■ 612-636-4600 % , " I -r rwivii ■ . 1 Bor Rosene Andertik& Awxiates Project Nam“ Well No. 2 Maintenance ! Project No.File No. 13993 Quotation Opening 12:00 p.tn., C.S.T., Friday, April 4, 1997 Owner City of Orono I hereby certify that this is an exact reproduction of quotes received Richard W. Foster, P.E. Registration No. 11609 TABULATION OF QUOTES Tabulation of Four Low Quotations of Four Received Quote No. 1 E.H. Renner & Sons, Inc. Quote No. 2 Bergerson* Caswell, Inc. Quote No. 3 Keys Weil Drilling Co. Quote No. 4 Alberg Water Services, LLC No. Item Unit Qty. Unit Price Tot.iI Unit Price Total Unit Price Total Unit Price Total PAlt 1 Perform pump woric at the following prices: 1 Remove and reinstall submersible • turbine pump and motor LS 1 1.322.15 1.322.15 1.800.00 1.800.00 2.000.00 2.000.00 2.200.00 2.200.00 2 Test pump oerformance LS 1 350.00 350.00 200.00 200.00 500.00 500.00 500.00 500.00 3 Brush casing and screen, boil well HR 8 135.00 1.080.00 105.00 '*40.00 140.00 1.120.00 150.00 1.200.00 4 Shop dme for cleaning and repairing the pump HR 15 30.00 450.00 45.00 1 * % i 1 44.00 660.00 35.00 525.00 5 4" X 20*. Sch. 40, column pipe EA 3 120.00 360.00 170.00 135.00 405.00 140.00 420.00 6 4* X 5*, Sch. 40. column pipe EA 1 60.00 60.00 80.00 80.00 35.00 35.00 25.00 25.00 7 4* column couplings EA 3 29.00 87.00 10.00 30.00 19.00 57.00 15.00 4500 8 Fitmish column check valve EA 1 479.00 479.00 150.00 150.00 425.00 425.00 350.00 3S0.00 9 Furnish and install complete set of bowl bearings LS 1 120.00 120.00 120.00 120.00 425.00 425.00 100.00 100.00 10 Fiimish new stainless steel bowl shaft EA 1 175.00 175.00 12C.OO 120.00 375.00 375.00 200.00 200.00 11 Machine bowl and impeller and install bronze wear ring per stage EA 3 140.00 420.00 75.00 225.00 135.CO 405.00 25.00 75.00 12 Reassemble bowl assembly LS 1 150.00 !50.00 100.00 100.00 200.00 200.00 50.00 sc.oo 13 Furnish pitless spool seal LS 1 75.00 75.00 120.00 I2C.OO 200.00 200.00 150.00 150.00 14 Replace 3 conductor motor power cable including splice LF 250 2.20 550.00 2.00 500.00 2.50 625.00 2.00 500.00 15 Paint colunan. bowl assembly, and motor LS 1 150 00 150.00 ^0^00 400.00 200.00 200.00 150.00 150.00 Total Part 1 5.828.15 5.870.00 7.632.00 6,490.00 13993QT.WB2 * Pirt2 Perfonn Well Work at the following prices: 16 Setup equipment for jetting well casing and screen 17 pressure jetting of screen Total Port 2 LS HR Total Pan 1 Total Pan 2 Total Quotation Alternate No. 1 Furnish new pump bowl assembly Alternate No. 2 Furnish new submersible motor FumNamc Address City. Slate, Zip Phone Fax By Tide 13993QT.WB2 1 30 1.500.00 155.00 1.500.00 4.650.00 6.150.00 5.828.15 6.150.00 $11^8.15 $1,200.00 $1,200.00 $1,977.00 $1,977.00 EH. Renner & Sons, Inc. 15688 Jarvis StNW Elk River MN 55330 612.427.6100 612.427.0533 Roger E Renner Vice President 1,950.00 170.00 1.950.00 5.100.00 7.050.00 5.870.00 7.050.00 $12,920.00 $1,745.00 $1,745.00 $1,400.00 $1,400.00 Bergcrson-Caswell, Inc. 5115 Industrial St Maple Plain MN 55359 612.479.312J 612.479.2183 Dan Lovelette Turbine Pump Supt. 2,000.00 140.00 2.000.00 4.200.00 6.200.00 7.632.00 6.200.00 $13,832.00 $1,400.00 $1,400.00 3.700.00 160.00 3.70C0O 4.800.00 8.500.00 6.490.00 8.500.00 $14,990.00 $1,600.00 $1,600.00 Keys Well Drilling Co. 413 N Lexington Pkwy St Paul MN 55104^696 612.646.7871 6l2.64l.0216 Jeffrey W. Keys Secreiary/Trcasurcr $1,200.00 SUOO.OC Crown Model 6H-300,3 stage. 76% efTic.. 250 GPM @ 160* TUI! $1,300.00 $1,300.00 Franklin sub. motor, 15 HP, 5-5/8- dia., 3600 RPM.460 volts, 3 phase, 60 Hz Keys Well DriUing Co. 413 N Lexington Pkwy St Paul MN 5510L4696 612.646.7871 612.641.0216 Jeffrey W. Keys Secretary/Treasuier REQUEST FOR COUNCIL ACTION COUNC/LMEETINQ ^ 4 1997 CJIY OP ORONO DATE: April 7,1997 ITEM NO ^ // Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Valek Request to Vacate Right-of-Way and Acquisition of a Portion of a Tax Forfeit Parcel Background The city currently has a 10' wide right-of-way running north/south through the Valek property (see attached map A). The right-of-way is undeveloped and is currently not used for a public purpose. The ripht-of-way is part of an old subdivision and was to be used as an alleyway to serve a number of siTi jll parcels. The subdivision was never developed as platted. The lots that have been developed have access onto Tonkaview. The property to the north of the platted alleyway is now planned to be park land. The city is in the process of acquiring a 9.5 acre tax forfeit parcel to the north of the Valek property. The Valek's have indicated their strong interest in acquiring 1/2 acre of this parcel to give them a deeper backyard and ownership of an area critical to their lot's drainage (see map B), and to enhance a planned subdivision which would create a new buildable lot by combining existing lots (see map C). The right-of-way and 1/2 acre are related in that the city wants to resolve the right-of-way prior to taking action regarding the 1/2 acre parcel. The city has indicated a willingness to allow the Valeks to acquire the 1/2 acre tax forfeit parcel. The city also initially requested the Valeks to provide a 20' right-of-way into the 9.5 acre tax forfeit parcel to provide pedestrian access into the planned park land. The Valek's have suggested their property is not a good access point to the park due to the proposed park land property being low and wet in this area. A right-of-way through their property would also obstruct their plans for creation of a new lot. Park Access From the beginning of this process, staff has wanted to assure an adequate permanent access to the proposed park area prior to considering the vacation of the right-of-way on the Valek property. With the acquisition of the Saga Hill Natural Area, permanent access to the proposed park area can be accomplished using the existing Garden Lane right-of-way. Also, staff has had discussions with the Fairview Covenant Church regarding a pedestrian -recess (including use of the existing church parking lot.) The church is receptive to this access alternative with a number of conditions including Request for Council Action continued page 2 of 2 March 19, 1997 Item Valek Request to Vacate Right-of-Way and Acquisition of a Portion of a Tax Forfeit Parcel a limited duration. The Park Commission has recommended the access through the church property as a temporary pedestrian access and the Garden Lane right-of-way as the permanent access as the best alternatives for park access. Both are superior to the Valek right-of-way. Staff has not determined any other p-oiential use for the existing right-of-way on the Valek property. However, there may be a need for an easement for drainage purposes due to stormwater flowing through the '' 'alek property. Therefore, staff recommends favorable consideration of the Valek request to vacate the right-of-way, subject to a determination regarding the need for a drainage easement. The vacation of the right-of-way on the Valek property will require an application for vacation of right-of-way by the Valeks. Valek Request to Acquire 1/2 Acre of the Tax Forfeit Parcel If the Council agrees with the staff recommendation regarding the right-of-way on the Valek property, the Council may want to make the 1/2 acre tax forfeit parcel available to the Valeks. This can be accomplished by notifying the County to release the parcel for sale to adjacent property owners. Valek Subdivision Plans The Valeks plan to propose a subdivision that would create an additional buildable lot by combining portions of two existing substandard lots (see map C). The city policy regarding substandard lots is that undeveloped existing lots of record need to have 80% of the minimum lot area to be buildable. In this case, the two existing lots, if combined, would meet the 80% standard. The addition of the 1/2 acre tax forfeit parcel would enable both the Valek lot and the new lot to be increased in size. The creation of an additional lot would require a subdivision process. COUNCIL ACTION REQUESTED; Motion to authorize the County to release the 1/2 acre portion of the 9.5 acre tax forfeit parcel for sale to adjacent property owners. Howie avtJ ^av^j O aoi ^ ille an^l OraiA^y Sij^Te>A ^qr Storr^ iKft^er l^yjA. oFP To ^^"h/t^Hc/ tyi/sTln^ c^f4c) ev*^/‘c>v^wcl t/Ti(i^i CS "~^o il^vvtQ, Wym'\ ■:.• •: • . .• ••• •. J kist. Vokle K - t/73o l^cJmer - */7^ w •• •» C urr^n.f uts /.a.i" 4o7« v,? r'^ioc f^cspaiec t*uf C*>i^ ^€arrQn>e^e<^ Toio^l Stec, - 3 Lots I^fijorox, I Ac. fa. <r'' )> *■ ;4r-v ^,; I ■< +. ■ !•COUNCIL MEETING REQUEST FOR COUNCIL ACTION APR 1 4 1997 CITY OF ORONO Date: April 11,1997 Item No.: tr>-t Department Approval: Administrator Approval: Name: Michael P. GafTron ' Title: Asst. Planning & Zoning Administrator Agenda Section: City Administrator • Item Description:North Long Lake / Long Lake Country Club Sewer Projects: - Set Assessment Hearing Date - City Contribution Recommendation - Establish Assessment Policy Attacliments:- Resolution Declaring Cost To Be Assessed And Ordering Preparation of Proposed Assessment - Resolution Setting Assessment Hearing Hearing Date The Long Lake sewer project will require most of the 1997 construction season to complete, and the earliest possible start date should be attempted, hence the assessment hearing should be held at the earliest practical date. The bid opening is set for April 22. In the past, the City has not mailed assessment hearing notices to property owners until the actual bid amount is known. However, if the required 14-day notice is not mailed/published until after the bid opening, the earliest practical hearing date would be approximately May 15. The 30-day appeal period brings us to mid-June, with a construction start likely no sooner than the second week in July. It is possible to gain two valuable weeks by holding the hearing in early May, which requires the notices to be mailed based on the Engineer's estimated costs rather than actual bid amounts. The attached resolution would establish an assessment hearing date of Tuesday, May 6, 7:00 p.m. City Contribution Determination / Assessment Policy In order that property owners be provided with assessment notices that reflect the City's intended contribution, staff is reconmiending that the City contribute 25% of the Engineers estimate towards this project. This amounts to a City contribution of $262,400. Council had previously discussed a contribution in the range of 25-30%. The Engineer has indicated that he expects the actual bids to be very near the estimates. If the bids come in low', the City contribution might be increased at Council's discretion. If the bids come in high, the City contribution would have to increase to cover the difference. «W’ "" -• Long Lak Sewer Project April 11, .997 Page 2 The 1992 Stubbs Bay Project had unit costs ranging from $12,630 to $23,360 prior to City contribution. Most vacant lots were assessed at the full rate, since they gained buildability by having sewer available. The City participated for developed homestead lots at a rate of 30 %. This lowered the range for developed lots to $8,840-16,352. The high end of the range was further lowered by crediting the excess payments for vacant lots to the high-end assessments. This resulted in an actual lowering of assessments for various project areas by 30-36 %. The Engineer's estimated costs for the Long Lake project are as follows: North Long Lake Sanitary Sewer Laterals Trunk Facilities Dakota Avenue Surfacing $ 296,746 176,304 19,284 Long Lake Countr}’ Club Sanitary Sewer Laterals $319,368 Trunk Facilities 237.853 Total Project Costs $ 1,049,555 The total estimate of $1,049,555 includes 5% contingency, 15% allowance for design, inspection, legal and administration costs, and a 5% allowance for capitalized interest and bonding costs during construction. Staff recommends that all 55 units in the NLL/LLCC project be assessed equally based on the estimate, with the pre-contribution unit cost being $1,049,555 / 55 ,inits = $19,083 per unit. City contribution of 25% lowers this to $14312 per unit to be assessed over 15 years. The only e.xception to this would be the Maresh property. Council has previously indicated that the Maresh property should be assessed the full amount rather than a reduced amount, given that sewering his homestead will allow future use of the unsewered vacant parcel for building purposes. Staff recommends that the costs for paving of Dakota Avenue be included as part of the entire assessment project. Staff recommends that the City not assess the cost of surfacing Dakota Avenue as a separate item. That surfacing is a minor cost in relation to the total project costs, and should be considered part of the entire project. The City should take over maintenance of Dakota Avenue, which is a platted public right-of-way that will now contain municipal sewer. While the lateral and trunk costs attributable to each neighborhood could be assessed separately, staff recommends against this because it would have the following negative impact: North Long Lake: Lateral + trunk + Dakota = $492,334 / 31 = $15,882 Long Lake CC: Laterals + trunk = $557,221 / 24 = $23,217 T-.Ufflrrrin; \k Long Lake Sewer Project April 11, 1997 Page 3 Justifications for Assessment Amount The average homestead value for North Long Lake is $114,000 and for Long Lake Country Club is $133,000. In the 1992 Stubbs Bay projects, the highest ratio of assessment-to-valuation was 10.9%, ranging from 2.9% in the Oxford Road neighborhood ($14,990 assessment, $522,000 average valuation) to 10.9% for Stubbs Bay NE ($8,840 assessment, $81,000 average valuation). For North Long Lake, a 25% contribution yields a ratio of $14,312 / $114,000 = 12.6%, and for Long Lake Country Club yields $14,312 / $133,000 = 10.8%. It could be argued that while this suggests North Long Lake should have a higher subsidy, this neighborhood also benefits to a greater extent than Long Lake Country Club by having sewer, given the alternatives. Many homes will be forced to convert to holding tanks if sewer is not provided, at an ongoing cost of at least $2-3,000 per year. The few who have room to replace systems would likely need mounds costing in the range of $10,000 each. An additional overall benefit is the freeing up of yard area for purposes other than sewage treatment. Summary of Staff Recommendations 1. Establish City contribution at $262,400. equivalent to 25% of Engineer's estimate. 2.Establish assessment policy for this project as follows: Total project cost to be divided equally among all 55 residential units in the project area. - City 25% contribution will be applied to all properties except the Maresh homestead property which will be assessed at 100%. 3.Establish that the cost for paving of Dakota Avenue will be included as part of the entire assessment project. After completion of the project the City will take over maintenance of Dakota Avenue. 4.Adopt attached Resolution Declaring Cost to Be Assessed and Ordering Preparation of Proposed Assessment. 5.Adopt attached resolution establishing assessment hearing for Tuesday, May 6, 7:00 p.m. in the Council Chambers. COUNCIL ACTION REQUESTED: Adopt attached resolution declaring cost to be assessed and ordering preparation of assessment, adopt resolution setting hearing date, and take action to approve assessment policy per staff recommendation. I A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT WHEREAS, costs have been determined for the improvement of sanitary sewer in the North Long Lake and Long Lake Countr)' Club areas and the estimated contract price for such improvement is $827,808 and the expenses incurred or to be incurred in the making of such improvement amount to $221,747 so that the total estimated cost of the improvement will be $1,049,555. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA: 1.The portion of the cost of such improvement to be paid by the City is hereby declared to be $262,400 and the portion of the cost to be assessed against benefited property owners is declared to be $787,155. 2.Assessments shall be payable in equal annual installments extending ovei a period of 15 years, the fust of the installments to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 8 per cent per annum from the date of the adoption of the assessment resolution. 3.The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the clerk's office for public inspection. 4.The Clerk shall upon completeion of such proposed assessment, notify the Council thereof. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held April 14, 1997. ATTEST:Gabriel Jabbour, Mayor Dorothy M. Hallin, City Clerk A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT NORTH LONG LAKE AND LONG LAKE COUNTRY CLUB AREA SANITARY SEWER WHEREAS, by a resolution passed by the City Council on April 14, 1997, the City Clerk was directed to prepare a proposed assessment of the cost of the North Long Lake and Long Lake Country Club area sanitary sewer, and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in the Clerk's office for public inspection. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA: 1. A hearing shall be held on the 6th day of May, 1997 in the Orono Council Chambers, 2780 Kelley Parkway, at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvemnet will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest may be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at anytime thereafter, pay to the City the entire amount of the assessment remaining unpaid, with the interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council of Orono, Minnesota at a regular meeting held April 14,1997. ATTEST:Gabriel Jabbour, Mayor Dorothy M. Hallin, City Clerk J T \:-q i,: COUNCIL MEETINQ APR 1 4 1997 REQUEST FOR COUNCIL ACTION CITYOFORONO DATE: AprU 14, 1997 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: 0 Agenda Section: Administrator's Report Item Description: Playground Equipment Upgrade for Antoine Park The Park Commission is recommending a project for the upgrading of the existing playground equipment at Antoine Park. This park is legated along Eagerness Point Road. This park contains several pieces of older playground equipment. The Park Commission is in the process of upgrading playground equipment in parks throughout the City. The playground equipment in the City parks is need of upgrading. There have not been any major upgrades of park equipment for quite some time in the City parks. Recent equipment upgrades have been completed at Crystal Bay Park and Bederwood Park. The only two remaining City parks with playground equipment are Hackberry Park and Navarre Park. These parks are planned for future equipment upgrades. The attached memo to the Park Commission members provides a description and proposed costs for this project. A cost summary is shown below. Installation of Landscape Structures Playground Equipment by Earl F. Anderson Inc. Bloomington. Minnesota Site Grading $23,166 $5,100 Pea Gravel Surfacing $2,III Handicapped Access Path and Surfacing Total Estimated Costs $3,000 $33,266 A recommendation for completion of this project was approved at the April 7th Park Commission meeting. This project is proposed to be funded from Park Dedication Funds. For your information, a Park Dedication Fund balance summary is attached. COUNCIL ACTION REQUESTED: Motion to authorize playground equipment upgrade for Antoine Park with funding from Park Dedication Funds, and to authorize completion of the necessary budget adjustments. jiaiiHhMiniiillilii ..................... r- April 7,1997 To: Park Commission Members From: Greg Gappa, Public Services Director ^ ^ Subject: Antoine Park Playground Equipment Costs We have received quotations and an equipment layout for Landscape Structures Equipment to be installed by Earl F. Anderson Inc. This plan is the result of ideas from both tlie neighbor hood group and the Park Commission. This layout idea was previously approved b} the Park Commission to be located along the Fagemess Point street area of the park. TTiis location was selected to s ’.ow for continued use of the level area, in front of the park buildings, for other purposes. The Park Commission has had previous positive experiences with Landscape Structures Equipment installed in Crystal Bay Park. This is high quality equipment and both the Public Works Department and the Commission has been very satisfied with this equipment. For comparison purposes, a price quotation was obtained for another brand of equipment, Columbia Cascade Equipment installed by Park and Plaza Inc. Landscape Structures Equipment $23,166 Columbia Cascade Equipment $25,062 Based on the price quotes received and past satisfaction with Landscape Structures equipment, the staff recommendation is for the purchase and installation of Landscape Structures Equipment from Earl F. Anderson Inc., Bloomington Minnesota. Site grading will be required for installation of this equipment. Site grading will be completed by Schoening Excavating of Maple Plain. This firm was the low bidder in the City's annual bidding process for equipment rental and provision of construction materials, and is utilized for various small construction projects throughout the year. Pea Gravel Surfacing in the playground area will be installed by the public works department. A bituminous surface handicapped access path also needs to be installed with additional rubber surfacing on a concrete base for handicapped access to the playground equipment. Site Excavation Cost Pea Gravel Surfacing Handicapped Access Costs $5,100 $2,000 $3,000 Total Estimated Costs $33,266 ftPR-04-1997 15:16 earl F ANDERSEN. INC 612 884 5619 P.01/^1 EFA Earl F. Andersan. Inc.QUOTATION TO:CITY OF ORONO PO Box 66 Crystal Bay, MN 55323 Greg Gappa 473-0510 ApriU, 1997 PROJECT; Antoine Playground Play Equipment FROM: ATTN; FAX: DATE: PHONE: FAX: REFERENCE: TERMS: TO BE ARRANGED: Earl F. Andersen, Inc. 9808 James Circle Bloomington, MN 55431 (612) 884-7300 (612) 884-5619 0404DO __Net 30 Days QUANTITY DESCRIPTION PLAYGROUND EQUIPMENT FOR ROBERTA LEE ANTOINE PARK, Per Plan A, #C4222DA, dated 11/21/96 1 1 1 1 PlayBooster Playstmcture, Aluminum Posts And Tenderdecks Tire Swng Unit 4 Scat Bell Swing Unit, With ADA Seat Supcrscoop Accessible Supcrscoop Upgrade Existing Swing To Tot Bucket Seats (Does Not Include Beam Hanger). ♦Installation includes installation of above equipment, removal and reinstall existing swing. ”91 include site preparation and grading, removal of e.xisting equipment (except swing), resilient surface, border or path. PRICE EACH Shipment approximately 8 weeks after receipt of order. Instaihaion price based on prevailing wage: _No^ Yes F.O.B. •/ Destination Sub Total Tax Freight Installation TOTAL ^IQTE: This quotation is valid for 30 days. Please callfor confirmation aftq^iriai dat Signed By: _____ TOTAL $14,664.00 1.556.00 1.271.00 518.00 546.00 276.00 $18.831.00 Included Included *4,335.00 $23,166.00 9808 Ckde . Bloomi»g.oo. MN 35431 . Phone: 612-884-7300 • MN Wets: 1-800-862-6026 • F«: 6I2-884-56I9 "Equal Oppcrtunity Employer" TOTAL P.01 t.'L&aI ■ini I !■ I iiMM ■■ nil ROBERTA LEE ANTOINE PLAYGROUND EAGERNESS POINT NEIGHBORHOOD CITY OF ORONO lANDSCAPEgm^jgme ISO ‘JOOl eavtftui IF^ iorl F. And«rsen, Inc. 0 imm Ortf li-J•tl-eti-7M rae 8M-Seif I III3493 BY: ERC «oi 7visTcixrSOUTH* pa SOX 191 *0CUMaM»t«samssxza*(601 m-a39i*M0(K32S-€(us*nu»»^i2-477-eofi K y PARK DEDICATION FUND UPDATE Balance as of 12/31/96 $212,123 Less; Segment from north of Watertovm Road to north property line of City Hall Segment from north property line of City Hall to County Highway 6 Total cost of completing Old Crystal Bay Road bike trail to County Road 6 TVntoine Park playground equipment upgrade $120,000 80.000 $200,000 33.266 ^?.33 ■ 266 Subtotal ($ 21,143) Plus:Grant to reimburse a portion of the bike trail cost Grant to reimburse for City's up-front costs for Saga Hill Hill Natural Area Projected park dedication fees 1997 $ 50,000 50,000 25.000 Subtotal <^125.000 TOTAL PROJECTED PARK FUND CASH AS OF 12/31/97 $103,857 --------------- -- 5 ^ City of Orono Park Fund Total 1996 1995 1994 Revenues Park dedi^tion fees $178,036 $30,864 $24,322 $122,850 Interest on investments 49,097 16,368 16,599 16,130 State grant 18,657 0 18,657 0 Donations 300 0 0 300 Total revenues $246,090 $47,232 $59,578 $139,280 Expenditures Old crystal bay road trail $100,617 (a)$33,731 $66,886 $0 Crystal bay tot park 33,673 6,570 27,103 0 Saga hill land acquisition 54,972 54,972 0 0 Docks and public accesses 3,538 3,538 0 0 French creek preserve 92,586 426 1,586 90,574 Hwy 12 trail (n.brown to willow)1,047 398 649 0 Park planning/mapping 9,070 1,552 0 7518 Park benches 331 0 331 0 Highwood nature trail 370 0 370 0 Lowry woods 833 0 0 833 Bederwood park 20,000 0 0 20,000 Total e;qpenditures $216,420 $67,456 $30,039 $118,925 Cash Balance December 31 $212,123 $273,396 $294,329 (a). During 1997 an additional $17,510 lias been expended on the Old Crystal Bay Rd Trai; PARKFUND r. . k I!I" I ^1. L COUNCIL MEETING APR 1 4 1997 REQUEST FOR COUNCIL ACTION CITYOFOnONO DATE: April 14, 1997 ITEM NO,N Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: 'Ah Agenda Section: Administrator's Report Item Description: Demolition of Buildings in Antoine Park Antoine Park contains two older buildings that are in a state of disrepair. One of these buildings is an old horse stable with several sections. The other building is an old storage garage. Before construction of the new Public Works facility these buildings were used for storage of supplies and equipment. These buildings are no longer being used for storage by the Public Works department, and no future use of these buildings for storage is anticipated. These buildings are in need of major repair work including new roofs, repair of cracked walls, and painting to restore them to a safe and usable condition. These buildings have become a safety concern as children have been climbing on the roofs and painting graffiti on the interior walls. We have obtained an evaluation of these buildings by a structural engineer. The results of this investigation indicate that these buildings do not meet current building codes. The work required to make them code compliant is not economically feasible. ( See attached Letter) The City has no further use for tht:se buildings. The only current use is by the neighborhood residents. The open sided area in the old horse stable is occasionally used for a picnic shelter. A future open air gazebo could be constructed for this use. The gazebo could be constructed in the center of the park a safe distance away from any trees. The current buildings are located adjacent to trees on the adjoining property. Children have been climbing these trees to get up on the building roofs. An open air gazebo would be safer and easier to monitor. The existing buildings are a security concern and provide a hiding place that is hard to police. The estimated cost for the demolition and removal of these buildings is $6,500. The Park Commission has recommenced that these buildings be demolished with the funding being provided from a source other than park dedication funds. COUNCIL ACTION REQUESTED: Motion to authorize demolition of the buildings in Antoine Park with the funding source designated by the Council. Motion to complete the required budget adjustments for funding of building demolition. . * 1/1 Bonestroo Rosene Anderlik& I Associates Engineers & Architects January 31,1997 Bonestroo, Rosene, Anderlik 9nd Associates. Inc. Is an Affirmative Action/Equat Opportunity Employer Principals Ouo G Bonestroo. PE • Joseph C. Anderlik. RE. • Marvin L. Sorvala. P.E. • Richard E. Turner. P.£. • Glenn R Cook. PI. • Thomas E Noyes. PE. • Robert G Schunicht. PE. • Jerry A. Bourdon. P.E. • Robert W Rosene. RE and Susan M Eberim. C PA. Senior Consultants Associate Principals. Howard A. Sanford. PE • Keith A Gordon. FI. • Robert R. Pfefferle. PE. • Richard W. Foster. PE • David O Loskota. PE • Robert C. Russek. AI A. • Mark A. Hansoa PI. • Michael T. Rautmann. PI • Ted K.Field. PI. • Kenneth P. Anderson. PI. • Mark R. Rolfs. RE. • Sidney R VX/illiamson. PE.. L.S. • Robert F. Korsmlth Offices: St Paul. Rochester. Willmar and St Cloud. MN • Mequon. Wl Mr. Greg Gappa, P.E. Director of Public Services City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Antoine Park Buildings Our File No. 139Gen Dear Greg: ^^6 i »99; CITY OF oao/vo This letter is a follow up to the site visit on January 27, 1997 to look at the two existing park buildings. The two building were constructed at different times with a few feet separating the buildings. The westerly building is to be an old horse bam that is currently being used for storage. The east end of the building is open on the south side with a steel column in the center of the opening. The masonry walls of the building have numerous large cracks throughout the building. The roof of the bam portion is 2 x 4 joists spaced at 2-0 ” oicenter. The roof of the open structure is 2 X 6 joists spaced at r-4’on center with a maximum span of 14 feet. Neither the 2 x 4 roof joists or 2 X 6 roof joist with the existing spans are capable of carrying the current design snow load of 40 pounds per square foot. Several of the roof boards and roof joists have rotted and are in need of replacement. The roof joists on the east side of the building are supported on a steel beam on the south side, i.e. the open side. The steel beam has bowed out approximately 3 to 4 inches because there are no horizontal ties going from one side of the building to the other side of the building. It was also observed that the steel beam and steel column have been painted. While no tests have been performed on the paint, it is very likely that the paint contains lead. If these members are repainted, special precautions would need to be taken to contain, collect and dispose of the paint chips when they are removed. The easterly building has concrete block walls with a wood truss roof, wood deck boards and shingles. Some of the deck and fascia boards are rotted. Structural members in four of the trusses have been removed or cut. In order for the roof structure to meet current building code design standards, the four damaged tmsses should be repaired or replaced. 2335 West Highway 36 - St. Paul. MN 55113-3898 - 612-636-4600 i Mr. Greg Gappa, P.E. Director of Public Services January 31,1997 Page! Re: Antoine Park Buildings Based on the site observations and the requirements of the current building codes both buildings would require extensive work to bring them up to current standards and be structurally sound. If the easterly building were to be repaired with the necessary structural modifications, replace the shingles and paint the building, the approximate cost is $10,000. There is no economical way to repair or rehabilitate the westerly building. As an option to upgrading these building, a new free standing park shelter could be considered. For a hexagon park building with a 30 foot diameter, 585 square feet, constructed of wood and a concrete slab, the approximate cost 314,000. For a 40 foot diameter building, 1,040 square feet, the approximate cost is $23,000. Enclosed is a copy of a brochure showing the hexagon parks building. If you have any questions on this matter, please call me at 604-4760. Sincerely, BQNESTROO, ROSENE, ANDERLK & ASSOCIATES, INC. JDPicv Enclosure cc: Glenn Cook J E N S E N B E A C H M O D E L >• / Slg#£-^tUf •r •'/?.^ir ir'* v»j- '•:I fm^•sfeiSS JB-2 Model 20' dia. - Palm City, FL; 6/12 Roof Pitch optional -:■ J*,.^' .'*r ■‘-'MS' V- ’kjiV ^ n /vf vy> I u ;-,^i ■ ^' V- • I r- •' • * -r > •.'.. - v i ■ ■;. gg “ ;• * -J/ V. ' . . I i'r - V • ■ .AX t.-yTT**' APw~*’ ** •^xy;ri.. •■'S-'^ JB-6 Model 35' dia. - Chambcrsburg, PA; Cupola optional #S # ’•. JB-8 Model 45' dia. - Highland Village, TX i COUNCIL MEETING APR 1 4 1997 REQUEST FOR COUNCIL ACTION cmroFORONO DATE: April 11.1997 ITEM NO: / - Department Approval: Name GaryCheswick Title Chief of police Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Employment of Part-Time Police Officer - Resolution Exhibits:Resolution Discussion The Police Department currently has two part-time police officer vacancies, due to the appointment of Correy Famiok to a full time position, and the resignation of Ricky Kamitz. A validated candidate screening test was conducted on February 7, 1997 with forty-four (44) candidates attending. Scoring and ranking of the test scores were provided by PDI, a personnel consulting firm. The top seven candidates each participated in an oral interview, and report writing skills were reviewed. After this interview, three candidates were re-interviewed by City Administrator Ron Moorse and Police Chief Gary Cheswick. Recommendation The Police Chief and City Administrator recommend Kenneth Scott Hall to be hired as a part-time police officer for the city of Orono. COUNCIL ACTION REQUESTED: Motion to appoint Kenneth Scott Hall to the position of part-time police officer, effective April 15, 1997 at a starting pay of $11.89 hourly; and to adopt the attached resolution establishing the eligibility of the position for coverage the State Public Employee Retirement Fund for police officers. A RESOLUTION TO DECLARE THAT THE PART-TIME POSITION HELD BY KENNETH SCOTT HALL IS THAT OF A POLICE OFFICER WHEREAS, that Public Employees Retirement Association Police and Fire Fund excludes part-time police officers unless a resolution is adopted by the governing body to establish eligibility for coverage in the Police and Fire fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Hennepin County, Minnesota that effective April 15,1997, the position Kenneth Scott Hall holds is that of a police officer as defined in Minnesota Statutes, Section 353.64, Subdivision 2, pursuant to which said employee shall become a member of the Public Employees Retirement Association Police and Fire Fund. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held April 14,1997. ATTEST:Gabriel Jabbour, Mayor Dorothy M. Hallin, City Clerk i CILMEETiNQ APR 1 4 1997 REQUEST FOR COUNCIL ACTION CITYOFORONO DATE: April 10, 1997 ITEM NO = /6 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Public Services Item Description: 1997 Pay Range for Seasonal Golf Course Employees In preparation for the 1997 golf season, the Golf Course Superintendent has recommended a pay range schedule of $6.25-$7.10 per hour for seasonal golf course employees. Hus reconunendation is based on a survey of prevailing wage rates for several area golf courses. The seasonal golf course employees are restricted lo maximum six month time period for employment in order to maintain a "non-benefit" status for PERA and FICA. COUNCIL ACTION REQUESTED: Motion to approve a pay range of $6.25-7.10 per hour for the seasonal golf course employees for the 1997 season and establish a maximum six month time period for employment. i • 1 ■ fe: Sr? f; It s;' r?‘ I < 5 m ¥>■' , TO: FROM: DATE: Greg Gappa, Public Services Director Ron Steffenhagen, Golf Course Superintendent April 10,1997 SUBJECT: Wage Structure for Seasonal Golf Course Employees I have contacted several area golf courses for information on wages paid for seasonal golf course employees. A listing of these prevailing wages is shown below: COURSE WHOLES MR 1997 WAGES Brookland Executive Brooklyn Park (Municipal 9 29 Start - $6.20 3 Yrs-$7.17 Centerbrook (Municipal) Brooklyn Center 9 27 Start - $7.75 3 Yrs - $8.75 Red Oak (Public) Privately owned 9 27 $7.00 Mcadowwoods, Minnetonka Privately owned 9 29 Start - $6.50-7.50 New Hope Village Golf (Municipal) 9 27 Start - $5.80 1 Yr - $6.35 2 Yrs- $6.95 3 Yrs- $7.45 Based on the above information, 1 am recommending a pay range of $6.25 - $7.10 per hour for seasonal golf course employees. The 1996 season pay range was $6.00 - $6.90 per hour. » L TO:Greg Gappa, Public Services Director FROM:Ron Steffenhagen, Golf Course Superintendent DATE:April 10,1997 SUBJECT; Golf Course Superintendent These employees are all returning employees from the 1996 golf season. The proposed hourly wage rates are based on previous work experience and the number of seasons they have worked as seasonal employees. LIST OF PROPOSED SEASONAL GOLF COURSE EMPLOYEES Employee Doug Erickson Dan Oas Bill McIntyre Jack Peterson John Ross Jan Blair Don Yeager Tom Docken Jeremiah Callaghan 1997 Hourly Wage Rate $7.10 $7.00 $6.75 $6.75 $6.75 $6.45 $6.25 $6.70 $6.75 S; I REQUEST FOR COUNCIL ACTION ^ 4 i3sr c/rvop, DATE: April 10,1997 ITEM NO ■ n Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: Agenda Section: City Administrator's Report Item Description: 1996 General and Special Revenue Funds Budget Amendments, and Capital Projects Funds Cash Advance General Fund Budget Amendments As noted in the preliminary year-end revenue and expenditure report submitted at the March 24th Council meeting, the actual revenues of the General Fund exceeded the budgeted revenues and the operating related expenditures were less than the budgeted expenditures. In addition, as part of the close-out of the Stubbs Bay Sewer Construction Fund the General Fund received a transfer-in of $32,100, effective December 31, 1996, for reimbursement of general administrative charges. This results in the total 1996 General Fund revenues exceeding budget projections by $157,000. The General Fund operating expenditures are under budget on the whole, however, as noted in the March 24th report there are some budget amendments required. These amendments are listed in the table below. In addition to the operating expenditures, there were two approved capital expenditures from the General Fund that require budget amendments. These were the $100,000 transfer to the PIR Fund for storm water management, and the expenditure of $250,000 for the purchase of the Hennepin County (library) property at the northeast comer of Highway 12 and Old Ciy ’stal Bay Road. A listing of the requested budget amendment amounts is as follows: Denartment Original Amendment Amended But Administration $ 185,715 $ 3,500 $ 189,215 Finance 147,930 1,100 149,030 Assessing 76,160 840 77,000 Fire Protection 197,465 1,260 198,725 Engineering 15,130 915 16,045 Special Services 41,850 4,650 46,500 Contingency 176,170 350,000 513,905 (12,265) Net amendments • < $ 350.000. »» General Fund Budget Amendments A brief explanation of these overages is as follows: Administration The amendment is to fund overages in the personal services caused by the mid-year adjustment to the City Administrator's salary. Funds for this adjustment were budgeted in the Contingency account. Finance The amendment is to fund overages in the personal services caused by mid-year adjustments for the Assistant Finance Director and the Accountant/ Management Analyst. The adjustments were the result of position reviews in conjunction with the data processing system changes, instituted in late 1995. Assessing The amendment is to fund the increase in the assessor's contract for services, which is adjusted effective September 1, each year. Fire Protection The amendment is to fund the increase in the fire protection contract with the City of Wayzata, which was slightly higher than anticipated. Engineering The Engineering expenditures exceeded the budgeted amount due primarily to drainage problem related items. Special Serv'ices The Special Services account expenditures exceeded the budgeted amount due to higher than anticipated activity for police special duty assignments and higher than anticipated engineering costs related to development activity. These increased costs are offset by increases in related revenues. Transfers Out Transfers to the PIR Fund were approved July 22, 1976 to assist in funding the storm water management plan in the amount of $50,000, and to assist in funding storm water drainage projects, in the amount of $50,000. Contingency - (Land Purchase) The acquisition of the County owned two acre parcel located on the northeast comer of Old Crystal Bay Road and Highway 12 was approved June 10,1996, with funding to be provided by General Fund Reserv es. A budget amendment is required in the amount of $250,000. 4 !■ I I « Vfl Special Revenue Funds Budget Amendments The 1996 expenditures in the Special Revenue Funds, i.e. Park Fund, Improvement and Equipment Outlay Fund and Building Outlay Fund, include a number of expenditure items that were approved by the Council but were not formally reflected in amendments to the budget. The City's auditor recommends formal budget amendments for these items be approved by the City Council. The amendments are as follow; Special Revenue Fund Budget Amendment Park Fund: Portable Docks Saga Hill Land Acquisition $ 1,540 50,000 (a) Improvement and Equipment Outlay Fund: Police Department Computer Equipment and Software Public Works equipment $ 42,000 (b) 2,260 (c) Building Outlay Fund: Monitoring wells at old city hall site $ 6,124 (d) (a) The expenditure is to be offset by a $50,000 reimbursement through DNR grant funds. (b) The increase in the equipment budget is due to the change over from LOGIS to the LEADRS in-house computer system and related requirements. The cost is to be reimbursed from the police department budget over a five year period beginning in 1997 (c) The increase is to fund a workstation and link between ..le public works building and the administration building. (d) In 1996, payments totaling $ 7,764 were made to Braun Intertec for work related to the monitoring wells at the old city hall property. For the period 1993 through 1996 the total costs related to the wells were projected to be approximately $39,640. To date, due to additional activities required by the MPCA, the total actual costs have been $49,791. The City has been reimbursed for $33,461 of the expenditures. At the completion of the project the City will make application for reimbursement of the remainder of the expenditures. S'.-' Temporary Cash Advance from the PIR Fund to the MSA Fund During 1996 the City had several Municipal State Aid Fund (MSA) construction projects in process which are being funded in whole or in part by municipal state aid. However, until the projects are closed out and the fmal revenues from state aid, other frmds, or other funding sources, such as the special assessments levied for the Highway 12 - Willow Drive project, are completed, it is necessary to advance cash from the PIR Fund to the MSA Fund to eliminate the temporary cash deficit of $157,800 in the MSA Fund at December 31,1996. Certain amounts will be received in 1997 for the Willow Drive and the Old Crystal Bay Road Trail; some amounts will be collected over a longer period, such as the special assessments; and some costs not eligible for MSA reimbursement will need to be covered by other City funds. The advance will be paid back as soon as possible. COUNCIL ACTION REQUESTED: Approval of the 1996 budget amendments for the General and Special Revenue Funds as presented; and approval and authorization of the cash advance of $157,800 from the PIR Fund to the Municipal State Aid Fund, to be effective December 31,1996. PROPOSED MOTION: - Moved by., seconded by._, to approve the 1996 General and Special Revenue Funds budget amendments as presented; and to approve and authorize a cash advance of $157,800 as of 12/31/96 from the PIR Fund Contingency Account to the Municipal State Aid Fund, to be repaid from collection of state aid, special assessments, and other flmding sources. Ayes___, Nays ___. J eodto REQUEST FOR COUNCIL ACTION i 4 m ‘"'^oPonoNo DATE: April 10,1997 ITEM NO: Department Approval:Administrator Reviewed:Agenda Section: Name RonMoorse City Administrator’s Title City Administrator Report Item Description:/ Denny Nelson Request for Special Event Permit for Bass Tournaments Denny Nelson is requesting a special event permit for a series of bass tournaments to be held on Wednesday evenings from June 4 to August 27, with the weigh-ins taking place at the Maxwell Bay access. A letter outlining the request is attached. The Police Department has reviewed the application and has reported die following additional information regarding the tournaments: Each tournament is expected to draw between 50 and 75 boats. The boats use a number of different accesses. About half of the participants return for the weigh-ins (20-25 is the norm). The weigh-in site is the DNR Maxwell Bay access. The weigh-in takes about 30 minutes. In past years the tournament has been conducted from Goose Island in Spring Park Bay with no problems. Mr. Nelson needs permits from the DNR and the Water Patrol to hold the tournaments. The Water Patrol requires the applicant to obtain approval from the city as part of its permit process. Staff Recommendation Based on the police review, staff does not expect problems related to these tournaments. However, it is recommended that the permit be approved with the condition that if the city does experience significant problems with the tournaments the permit may be withdrawn. COUNCIL ACTION REQUESTED: Motion to approve the Denny Nelson request for special event permit for the series of Bass Tournaments to be held at the DNR Maxwell Bay access, with the condition that if the city experiences significant problems related to the tournaments the permit may be withdrawn. MrtR-21-9T 0S:l0 PM V V DENNY'S SUPER 30 BASS TOURNAMENTS D«nny Nvlion Toiunamenl Direclof 0660 York Avt Sp 602 Edina, MN S&436 Teiephona 612-925-3226 Fax 012-925-3291 ORONO cn Y OFFlCliS 2750 Kelley Parkway Orono, MN 55323 Febiirajy?, 1997 Permit Department, RE: Pennit to use the Maxwell Bay Public Access 1 have been holding the Wednesday Evening Bassin' bass tournaments on Lake Minnetonka for the past six years. We will be holding them again during the 1997 bass season and would like to hold the weigh-ins at the new Maxwell I3ay Public Access. I have applied to the D.N.R. Trails & Waterways and llcmtepin County Water Patrol for the pennits that arc needed. 1 he water patrol needs a letter or call from the City of Orono with your ok to complete the pcnnil process. We hold the toumamenls on Wednesday’s from June 4th - August 27th. Tlic tournament has anglers meeting in front of the access with the easc-offal 6:00FM during June and July. The ease-off is moved to 5:00PM in August with the weigh-ins just prior to sunset, usually nt 9;00PM in June and most of July and than becoming earlier each night as the days gel shorter. One reason that the Maxwell access would be great is the fact that the North Ann access is close by so anglers can put in at either access and not over crowd either one of the accesses. If you need additional infonnalion please give me a call. Respectfully. Denny Nelson, Touniament Director p. oi $C0MNC4 REQUEST FOR COUNCIL ACTION ^Of J9$r DATE: April 10,1997 ITEM NO:r/ Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed: Item Description: Harbor Limits Ordinance Agenda Section: City Administrator's Report Attachment: Report from the City Attorney Regarding Harbor Limits Regulations and a Draft Ordinance Establishing Harbor Limits The City Attorney has provided background information regarding harbor limits regulations and a draft ordinance establishing harbor limits and prohibiting nuisances in the harbor limits area. The Council had directed that the ordinance address dock regulations and the regulation of herbicide or chemical use in the lake. Subsection 14 on page 4 of the ordinance defines the use of chemicals for weed or pest control as a public nuisance. This language would constitute a total ban on the use of chemicals in the lake. If there are some types of chemicals that can be used in the lake under certain circumstances the city may want to adopt regulations which specify acceptable uses and conditions. The harbor limits ordinance also gives the city authority over docks in the harbor limits area. The city needs to develop a set of dock regulations as the basis for enforcing the docks section of the harbor limits ordinance. COUNCIL ACTION REQUESTED: Motion to adopt the attached Harbor Limits Ordinance, or to direct staff concerning changes to the ordinance. I _ r.KT-.- .Lf. •E * W irt * ■0^ -v» _.v> V V .,t. >. \POPHAM HAIK 8CHNOBRICH a K aufman , Ltd . D cnvir , colonaoo TCU 3O3-a03*12OO Miami . Floaioa TCC 30S«S30-0090 PiPCfi JAFFRAY Tower, Suite 3300 222 South ninth street Minneapolis , Minnesota 55402-3336 Tel 612-333-4800 • FAX 612-334-8868 Wasninotom . O.C. TtU 202-S24*eOOO INTgmNATIOMAL AFFILiATIOM: BBUiNO, China TK l 01 ISei-BI3926l Thomas j. radio , esq. DIRECT DIAL (612) 334-2653 INTERNET E-MAIL: RA0I0T8P0PHAM.COM. March 19, 1997 MAR 2 0 TO: FROM: RE: Orono City Council Thomas J. Radio, City Attorney Regulation of Activities Within Harbors Located in Orono OVERVIEW The City Council has requested an opinion regarding its ability to regulate activities within Orono ’s harbors. Based upon applicable statutes, regulations, and cases, the City of Orono has the ability to impose reasonable restrictions on certain activities occurring in Orono ’s harbors. DISCUSSION As a political subdivision of the State, the City of Orono must first look toward state law for enumeration of its particular powers. The City’s power and authority concerning harbors is found in Minn. Stat. § 412.221, subd. 12, which states: The council shall have power to establish harbor and dock limits and by ordinance regulate the location, construction and use of peers, docks, wharfs and boat houses on applicable waters and fix rates of wharfage. The council may construct and maintain 057/14133850 3/19/97 i-«i ■ HI* ■ I Orono City Council March 19, 1997 Page 2 public docks and warehouses and by ordinance regulate their use. Both the Minnesota Supreme Court and the Minnesota Attorney General’s Office has recognized that this statute provides cities police power to control certain activities in the areas bounded by their harbor limits. In Nelson v. Delong . 7 N.W.2d 342 (Minn. 1942), the Minnesota Supreme Court upheld: The city’s right to build and maintain a public boat dock on its park property; to require all persons to refrain from anchoring in adjacent waters or docking their boats except at the public docks; to charge a reasonable fee for the dock facilities; and to set aside a bathing beach as part of the shorelands of the park. The supreme court found these powers to be granted by Minn. Stat. § 412.221, as well as the general police powers granted to every city in Minnesota. In a formal opinion, the Minnesota Attorney General’s Office also recognized a city’s ability to regulate activities within its harbors, including the landing of seaplanes within the city’s harbor. Minn. Atty. Gen. Op., 234-9 (Jan. 11, 1949). Three questions then arise: Q. A. How are harbor limits and regulations established? Harbor limits and regulations are established by ordinance. Spring Park, Mound and Minnetrista have established harbor limits and nuisance restrictions. The Spring Park and Minnetrista provisions are provided for your consideration: Q. A. What are reasonable restrictions or activities within the harbor? Since the statute specifically grants the city authority to regulate docks, the city has broad authority in this regard and also to activities occurring on the docks. The restrictions must be reasonable and non-discriminatory. A city’s ability to regulate surface water use within the harbor is more limited. Unless the lake is entirely within the city limits, any city restriction is subject to DNR approval, unless all of the cities surrounding a body of water enter into a joint powers agreement. Otherwise, the county is responsible for surface water use. 057/14133850 3/19/97 # r Orono City Council March 19, 1997 Page 3 Q.Docs the Lake Minnetonka Conservation District’s have regulations that affect the City’s ability to regulate harbor activities? A.In certain circumstances, the ordinances and regulations of the Lake Minnetonka Conservation District may have concurrent jurisdiction with the city regarding certain activities. There is, however, no case law determining the exact contours of that concurrent jurisdiction. The courts normally will analyze the issues seeking to balance the interest of each jurisdiction. RECOMMENDATION Attached is a draft ordinance for your consideration and discussion, along with examples from other communities. Attachments C57/14I33850 3/19/97 f- CITY OF ORONO ORDINANCE NO. AN ORDINANCE ESTABLISHING HARBOR LIMITS AND PROHIBITING NUISANCES THEREIN Section 1. Harbor Limits. The geographical and jurisdictional limits of the city in, on and over navigable waters in or adjacent to the city shall extend to the harbor limits of any adjoining municipality or other governmental unit. Section 2. Primary Harbor Limit. The area within 300 feet of the water line on the shore of any lake or other body of water in or adjacent to the village shall be known as the "Primary Harbor Limit." Section 3. Secondary Harbor Limit. The area extending from 300 feet of the water line on the shore of any lake or other body of water in or adjacent to the village and to the harbor limits of an adjoining municipality or other governmental unit shall be known as the "Secondary Harbor Limit." Section 4 . Jurisdictional Limit. The harbor limits of this city shall be deemed not to extend beyond a point half way between the shores of the body of water located in another village or governmental unit. Section 5 . Nuisance Prohibited . No person shall commit or maintain a public nuisance in or upon the waters of any lake or other ^dy of water within the Jurisdiction of this city; nor, shall any person let, permit, or enable any other person to use any boat, dock, craft or structure, or portion thereof, knowing that it is intended to be used for committing or maintaining a public nuisance. No person shall willfully prevent, hinder, oppose or obstruct a public official in the performance of his duty in carrying out the provisions of this ordinance, or in removing or abating a public nuisance. Section 6. Nuisances Defined. A public nuisance is a crime, punishable as a misdemeanor, and consists in unla%y fully doing an act or omitting to perform a duty, which act or omission shall: Subsection 1. Injure or endanger the safety, health or comfort of the public; or. Subsection 2. Offend public decency; or Subsection 3 . Unlawfully interfere with, obstruct, or tend to obstruct or render dangerous for use of passage, a body of water within the harbor limits of the city. Section 7. Specific Public Nuisances Defined. The term "Public Nuisance" shall be deemed to include the following: 057/14134097 .3/19/97 - 1 ( • M m * ffu '• tr* V-*- ■ k .»tL nsiAra T .i-i ► • ■ ...A < .r Subsection 1. Anything declared to be a public nuisance by an ordinance of this city. Subsection 2. The depositing of refuse, waste or other deleterious, poisonous or injurious substance within the harbor limits of the city. Subsection 3. The depositing of refuse, waste or other harbor limits of the village. Subsection 4. The erection or maintenance of any dock or structure which interferes with, obstructs, or tends to obstruct or render dangerous for use the waters within the primary harbor limits of the city. Subsection 5. The failure to equip and to operate a boat, vessel or wateicraft in accordance with the provisions of Chapter 361 of Minnesota Statutes, as amended, which statutes are hereby adopted and incorporated herein and made a part hereof by reference, as fully as if set forth herein. Provided, however, that these additional requirements shall be met by all owners and operators of watercraft within the harbor limits established herein, namely: A. All watercraft in use or underway between sunset and sunrise shall be equipped with and have in operation red and green running lights in the forward section of the boat, and a white light at the stern or on the superstructure, which white light shall be visible on a dark night with clear atmosphere for a distance of miles .vom any direction. Provided, however, that motor powered watercra^ . .^7: 16 feet in overall length may use portable lights, which must be clampeu on tne watercraft when in use; and, non- powered watercraft may use a portable single white light which is visible from any direction for a distance of two miles on a dark night with clear atmosphere. B. All watercraft when at anchor or drifting must show a white light visible from any direction for a distance of one mile, and such light shall be lit from sunset to sunrise, except that a watercraft anchored in a cove within one hundred feet of shore and 200 feet away from normal navigation and any watercraft anchored at a dock or pier need not have the white light lit. C. All watercraft shall have on board and readily accessible life preservers, ve.sts, or other similar buoyant devices capable of keeping every person on L^ard afloat. D. No watercraft other than an authorized Water Patrol Boat or other police watercraft shall use or display a red light, except a red running light. E. No watercraft other than an authorized Water Patrol Boat or other police watercraft shall use or display a police, sheriff or law enforcement officer’s flag, or any device designed to simulate such a flag. 057/14134097 .3/19/97 F. No person shall board, use, damage or tamper with a watercraft, except when done by the owner or with the owner ’s consent. G. No person under 15 years of age shall operate a v/atercraft powered by a motor of ten horse or more, unless accompanied by a competent person 15 years of age or older. Subsection 6 . The failure to tow or to operate a watercraft towing one or more persons behind a watercraft on water skis, aqua-plane, surfboard, saucer, or similar device, except in compliance with these regulations: A. Every person being towed shall wear a life vest, belt, or other buoyant device, except with written permission of the County Sheriff. B. Not more than two persons may be towed at one time, except with written permission by the County Sheriff. C. No person shall be towed from one-half hour after official sunset to sunrise. D. No person shall be towed by a rope, or cable, or other towing device longer than 85 feet, except with a written permit of the County Sheriff. E. No person shall operate a watercraft when towing a person, and no person being towed, shall come within 150 feet of any bathing area, skin diver ’s warning flag, swimmer, or raft, watercraft, dock, pier or public launching ramp or access except that raft, dock, or pier from which he is operating. F. No person shall tow or be towed during a holiday, a Saturday or a Sunday, or in a congested area at any time, unless two competent persons are on board the watercraft. The driver of such watercraft shall be at least 15 years of age, and must watch where the watercraft is being driven at all times. The second person on board the watercraft shall be an observer, and shall be at least 12 years of age, and shall at all times watch the person or persons being towed. G. No person shall drag an unoccupied tow line behind a watercraft for an unreasonable length of time. H. No person shall tow or be towed into or through a marked channel connecting two bodies of water. 057/14134097 3/19/97 J FROM FOPHAM HAIK ET AL (THU) 4. 10’97 ll:5l/2T. 11:44 NO. S7600S6351 P 5 Subsection 7. The overtaking and/or passing of any craft in u channel or narrow passage by the operator of any motor boat, speed boat, or of any vessel under power, so as to endanger other craft; and all craft shall proceed through all channels and narrow passages of water at safe speeds, otherwise the operator shall be deemed to have committed a public nuisance. ■Siihsecrion ft. The failure to equip and maintain lights, and to have such lights lighted when the boat or vessel is operating within the harbor limits of the city at night. Subsection 9. Obstructing or interfering with passage of a boat or ve.s.sel through a channel or narrow passageway. Subsection 10. Operating a boat or vessel in a caiclcss or reckless manner in or about a public swimming beach. Subsection 11. Swimming in a channel, or jumping or diving from a channel bridge. Subsection 12. Operating any watercraft, automobile, vehicle or powered propelled device on the open water, or upon an ice covered body of water, in such a manner as to endanger life, limb or property. Subsection 13. Selling food, beverages, supplies or other merchandise from any watercraft on the lake; provided however, that food and beverages may be sold on watercraft to passengers who leave the shore and return on the watercraft on which such food and beverages are sold. Suhggction 14. Use of chemical.s for weed or pest control. Section 8. Dock Moving and Stnictiu-e Regulation . The City may regulate the location, construction, installation, maintenance, number, size, and use of docks, moorings and other stixicturcs within the harbor limits. Section 9. Notices . Owners of docks used by the public shall post two (2) legible copies of this Ordinance on or near dock. Section 10. Penalty . Any person violating any of the provisions of this ordinance shiill be guilty of a misdemeanor and shall be punished by a fine of not to exceed seven hundred dollars ($700.00) or by imprisonment for a period not to exceed ninety (90) days. 037/14124097 4/10/97 i I BOATS, DOCKS AND WATERWAYS § 6-102 Sec. 6*89. Expiration. A watercraft storage permit shall expire on December 31 of the year for which the permit is issued. A joint dock permit or permanent dock permit shall expire upon a change in ownership of the lot or lots on v^ lich or in front of which the dock or mooring area is located. (Ord. No. 126, § 1(126.060(6)), 4 i-83) Secs. 6-90—6-100. Reserved. ARTICLE III. HARBORS AND WATER SAFETY See. 6-101. Harbor limits. The geogi aphical and jurisdictional limits of this city in, on and over navigable waters in or adjacent to it shall extend to the harbor limits of any adjoining municipality or other governmental unit. The area within three hundred (300) feet of the water line on the shore of any lake or other body of water in or adjacent to the city shall be known as the "primary harbor limit”. The area extending from three hundred (300) feet to the water line on the shore of any lake or other body of water in or-adjacent to the city and to the harbor limits of an adjoining municipality or another governmental unit shall be known as the "secondary harbor limit". The harbor limits of the city shall be deemed not to extend beyond a point half way between the shores of the body of water over which it has jurisdiction and the shores of” the body of water located in another municipality or governmental unit. (Ord. No. 10, §§ 1-4,6-1-61) State law reference-Authority to establish harbor limits, M.S. § 412.221, subd, 12. Sec. 6-102. Public nuisances defined and prohibited. (a) A public nuisance is a crime, punishable as a misdemeanor, and constitutes in unlaw- » fully doing an act or omitting to perform a duty, which act or omission shall: (1) Injure or endanger the safety, health, or comfort of the public; (2) Offend public decency; or, (3) Unlawfully interfere with, obstruct, or tend to obstruct or render dangerous for use or passage, a body of water within the harbor limits. (b) The term "public nuisance" shall be deemed to include the following; (1) Anything declared to be a public nuisance by ordinance. (2) Any violation of this article. (c) No person shall commit or maintain a public nuisance in or upon the waters of any lake or other body of water within the jurisdiction of the city, nor shall any person let, permit, or enable any other person to use any boat, dock, craft, or structure, or portion thereof, knowing that it is intended to be used for committing or maintaining a public nuisance (Ord. No. 10. §§ 5-7,6-1-61) Cross reference—Nuisances, Ch. 15. State law reference—Authority to define, prevent and abate nuisances, M.S. § 412.221, subd. 23. 311 .i r iL § 6-103 MINNETRISTA CITY CODE Sec. 6-103. Impoundment, destruction, etc., of watercraft, warming houses, etc., found in violation of article. Whenever any boat, canoe, or other watercraft, or any fish house, warming house or other similar structure is deemed to constitute a nuisance hereunder, the same may be abated by any police officer of this city, or by any law enforcement officer of the county or state, by impounding the same and retaining the same for proper disposition. If the property is aban doned, or the owner thereof is unknown and not subject to discovery, the property may forthwith be destroyed or sold at public auction. If the owner of the property is known, a complaint shall be forthwith served upon him. If a conviction results, the order of the court shall include a provision relative to the disposition of the property, which order may require its destruction or sale to cover the costs incurred by the city. (Ord. No. 10. § 8(2), 61-61; Ord. No. 40, § 2, 5-3-71; Ord. No. 126, § 10, 4-4-83) Editor's note—The above provision was originally Ordinance No. 10, § 8, subsection 2. It was renumbered as § 13, subsection 2 by Ordinance No. 40. Ord. No. 126, § 2 repealed Ordinance No. 40. The intent was not to repeal the above provision. Sec. 6-101. Waste disposal, etc. No person shall deposit refuse, waste or other deleterious, poisonous or injurious sub- .stance within the harbor limits. No person shall deposit sewage wi’hin the primary harbor limits. (Ord. No. 10. 7(2), (3). 6-1-61) Sec. 6-105. Interference with enforcement. No person shall wilfully prevent, hinder, oppos.o or obstruct a public official in the performance of his duty in carrying out the provisions of this article, or in removing or abating a publ’C nuisance. (Ord. No. 10, § 5, 6-1-61) Sec. 6-106. Structures interfering with, etc., primary harbor limits. No person shall erect or maintain any dock or structure which interferes with, obstructs, or tends to obstruct or render dangerous for use the waters within the primary harbor limits. (Ord. No. 10, § 7(4), 6-1-61) Sec. 6-107. Compliance with state watercraft laws. No person shall fail to equip and operate a boat, vessel or watercraft in accordance with the provisions of Minnesota Statutes, Chapter 361, as amended, which provisions are hereby adopted by reference, as fully as if set out herein. (Ord. No. 10. § 7(5), 6-1-61) State law reference—Adoption by reference, M.S. § 471.62. 312 r i " ".Wt'- -w - . kl! ' V. yv i ^ hL..1 BOATS, DOCKS AND WATERWAYS § 6-111 Sec. 6-108. Launching unlicensed watercraft. No person shall launch within the harbor limits of this city any watercraft for which a license is required under state law without such a license. (Ord. No. 10. § 7(14), 6-1-61) State law reference—Licensing of watercraft, M.S. § 361.03. Sec. 6-109. Watercraft towing skiers, etc. (a) No person shall tow or operate a watercraft towing one (1) or more persons behind a watercraft on w.iter skis, aquaplane, surfboard, saucer or similar device, except in compliance with Minnesota Statutes, Chapter 361 and this section. (bl Every person being towed shall wear a life vest, belt or other buoyant device, except with written permission of the county .sheriff. (c) Not more than two (2) persons may be towed at one (1) time, except with written permission of the county sheriff. (d) No person shall be towed by a rope, cable or other towing device longer than eighty- five (85) feet, except with a written permit of the county sheriff. (e) No person shall operate a watercraft when towing a person, and no person being towed shall come within one hundred fifty (150) feet of any bathing area, skin diver s warning flag, swimmer, or raft, watercraft, dock or pier except that raft, dock or pier from which he is operating. (f) No person shall tow or be towed through a marked channel connecting two (2* bodies of water. (Ord. No. 10, S 7(6), 61-61) State law references—Local boating regulations, M.S. § 361.26; towing persons. M S. § 361.09; operation of watercraft in swimming or boating arca(>. M.S. § 361.08. Sec. 6-110. Unauthorized use of, damage to, etc., watercraft. No person shall use, damage or tamper with a watercraft within the harbor limits, except when done by the owner or with the owner’s consent (Ord. No. 10, §7(5XF), 6-1-61) Sec. 6-111. Use of police flags, etc., by water* * aft. (a) Within the harbor limits no owner or operator of a watercraft shall use or display on such watercraft a police, sheriff or law enforcement officer’s flag, or any device designed to simulate such a flag. (b) Subsection (a) does not apply to an authorized water patrol boat or other police watercraft. (Ord. No. 1C, § 7(5XD), 6-1-61) Supp. No. 2 313 ^’1 i i i V‘ ‘ I r. i § 6-112 MINNETRISTA CITY CODE Sec. 6>112. Ileckless operation of vehicles or watercraft. No person shall operate any watercraft, automobile, vehicle or power propelled device on the open water, or upon an ice covered body of water, in such a manner as to endanger life, limb or property. (Ord. No. 10, § 7(11), 6-1-61) State law references—Reckless, careless, etc., operation, M.S. § 361.041; local boating regulations, M.S. § 361.26. Sec. 6*113. Swimming or diving in channels. No person shall swim in any channel or jump or dive from a channel bridge. (Ord. No. 10, § 7(10), 6-1-61) Cross reference—Fishing from bridges, § 12-2. Sec. 6-114. Fish houses, warming houses, etc. (a) No person shall place any fish house, warming house, or other similar structure on any frozen public waters within the harbor limits of this city unless: (1) There is legibly painted thereon in letters three (3) inches in height the following information: a. Name of owner; b. Address of owner; c. Telephone number of owner, or if the owner has no telephone, the word.s: "No phone”; and (2 1 The door of such structure can be opened from the outside at all times when the same is in use. (b) No person shall leave any fish house, warming house or other similar structure on any frozen waters within the harbor limits of this city after February 28 of any j’ear. (c) No person shall use any fish house, warming house, or other similar structure for any unlawful purpose. (Ord. No. 10, § 17(15)-(17), 6-1-61) Secs. 6-115 —6-125. Reserved. ARTICLE IV. LITTLE LONG LAKE* Sec. 6-126. Intent of article provisions. Little Long Lake is located within a relatively small but deep basin, which is bounded by ridges and hills. The one hundred four (104) acre lake is separated into two (2) basins by a •Editor’s note—Ord. No. 152, § 1, adopted June 6, 1988, added provisions to the Code, but did not specify manner of codification. At the discretion of the editor, therefore, said provisions have been codified as Art. IV, §§ 6-126 —6-129, herein. Supp. No. 2 314 1 VILLAGE OF SPRING PARIC ORDINANCE NO. 16 AN ORDINANCE ESTABLISHING HARBOR LIMITS AND PROHIBITING NUISANCES THEREIN. SECTION 1. HARBOR LIMITS. The geographical and jurisdictional limits of the village in, on and over navigable waters In or ad jacent to the vlllageshall extend to the harbor limits of any ad joining municipality or other governmental unit. SECTION 2. PRIMARY HARBOR LIMIT. The area within 300 feet of the water line on the shore of any lake or other body of water in or adjacent to the village shall be known as the "Primary Harbor Limit." SECTIOt^ 3. SECONDARY HARBOR LIMIT. The area extending from 300 feet of the water line on the shore of any lake or other body of water in or adjacent to the village and to the harbor limits of an adjoining municipality or other governmental unit shall be known as the "Secondary Harbor Limit." SECTION 4. JURISDICTIONAL LIMIT. The harbor limits of this village shall be deemed not to extend beyond a point half way between the shores of the body of water located in another village or governmental unit. SECTION 5, NUISANCE PROHIBITED. No person shall commit or maintain a public nuisance in or upon the waters of any lake or ocher body of water within the jurisdiction of this village; nor, shall any person let, permit, or enable any other person to use any boat, dock, craft or structure, or portion thereof, knowing that it is intended to be used for committing or maintaining a public nuisance. No person shall willfully prevent, hinder, oppose or obstruct a public official in the performance of his duty in carry ing out the provisions of this ordinance, or in removing or abating a public nuisance. SECTION 6. NUISANCES DEFINED. A public nuisance is a crime, punishable as a misdemeanor, and consists in unlawfully doin^an act or omitting to perform a duty, which act or omission shall: SUBSECTION 1. injure or endanger the safety, health, or comfort of the putAic; or, SUBSECTION 2. offend public decency; or, SUBSECTION 3. unlawfully interfere with, obstruct, or C®ud to obstruct or render dangerous for use of passage, a body of water within the harbor limits of the village. , *• F" 0?J)INANCE NO. X6 -PAGE 2 SECTION 7. SPECIFIC PUBLIC NUISANCES DEFINED.The term "Public Nuisance" shall be deemed to Include the following: SUBSECTION 1. Anything declared to be a public nuisance by an ordinance of this village. SUBSECTION 2, The depositing of refuse, waste or other deleterious, poisonous or injurious substance within the harbor limits of the village* SUBSECTION 3* The depositing of refuse, waste or other harbor 'I'imits of hhe village. SUBSECTION 4. The erection or maintenance of any dock or structure which interferes with, obstructs, or tends to obstruct or render dangerous for use the waters within the primary harbor limits of the village* SUBSECTION 5* The failure to equip and to operate a boat, vessel or watercraft in accordance with the proviaions of Chapter 361 of Minnesota Statutes, as amended, which statutes are hereby adopeed and incorporated herein and made *dpart hereof by reference, as fully as if set forth herein* Pro vided, however, that these additional requirements shall be met by all owners and operators of watercraft within the har bor limits established herein, namely: A. All watercraft in use or underway betv;een sunset and sunrise shall be equipped with and have mn operation red and green running lights in the forward section of the boat, and a white light at the stem or on the superstructure, which white light shall be visible on a dark ni^t with clear atmosphere for a distance of two miles from any direction. Provided, however, chat motor powered watercraft under 16 feet in overall length may use portable lights, which must be clamped on the watercraft when in use; and, non-powered watercraft may use a portable single white light which is visible from any direction for a distance of two miles on a dark night with clear atmosphere* B. All watercraft when at anchor or drifting mist show a white light visible from any direction for a distance of one mile, and such li^c shall be lit from sunset to sunrise, ex cept that a waterd.reft anchored in a cove within one hun dred feet of shore and 200 feet away from normal navigation and any watercraft anchordd at a dock or pier need not have the white light lit. ^ C. All watercraft shall have on board and readily acc* essible life preservers, vests, or ocher similar buoyant devices capable of keeping every person on board afloat. ORDINANCE NO, 16 - PAGE i D. No watercraft other than an authorlaed Water Patrol Doat or other police watercraft shall use or display a red light, except a red running light. E. No watercraft other than an authorized Water Patrol Boat or other police watercraft shall use or display a police, sheriff or law enforcement officer's flag, or any device de signed to simulate such a flag. F. No person shall board, use, damage or tamper with a watercfaft, except when done by the wner or with the xx^mer’s consent* G« No person under 15 years of age shall operate a watercraft powered by a motor of ten horse power or more, unless accompanied by a competent person 15 years of age or older. (As amended by Ord. No,16:01, 8/15/60) SUBSECTION 6, The failure to tow or to operate a watercraft towing one or more persons behind a watercraft on water skis, aqua-plane, surfboard, saucer, or similar device, except in compliance with these regulations: A. Every person being towed shall wear a life vest, belt, or other buoyant device, except with written permission of County Sheriff. B. Not more kihan two persons may be cowed at one time, except with written permission of the Dounty Sheriff* C. No person shall be towed from one-half hour after official sunset to sunrise. D. No person shall be towed by a rope, or cable, or other towing device longer than C5 feet, except with a written permit of the County Sheriff. E. No person shall operate a watercraft \^en cowing a person, and no person being cowed, shall come within 150 feet of any bathing area, skin diver's warning flag, swimmer, or raft, watercraft, dock, pier or public launching ramp or access except that raft, dock, or pier from which he is operating. F. No person shall tow or be towed during a holiday, a Saturday or a Sunday, or in a congested area at any time, unless two competent persons are on board Che watercraft. The driver of such watercraft shall be atleast fifteen years of age, and must watch where the watercraft is being driven at all times. The second person on board the watercraft shell be an observer, end shall be at least 12 years of age, and shall at all tines watch Che person or persons being towed. (As amended by Ord, No. 16:01, C/15/60) ORDINANCE No. 16 - PAGE A G, No person shall drag an unoccupied tow line behind a watercraft for an unreasonable length of time. H. No person shall tow or be towed into or through a marked channel connecting two bodies of water or in Seton Lake. There shall be no water skiing on Black Lake on Saturdays, Sundays or Holidays,(As amended by Ordinance No. 16:01(8/15/60) SUBSECTION 7. The overtaking and/or passing of any craft in a channel or narrow passage by the operator of any motor boat, speed boat, or of any vessel under power, so as to en danger other craft; and all craft shall proceed through all channels and narrow passages of water at safe speeds, other wise the operator th^Stoffi shall be deemed to have committed a public nuisance. SUBSECTION C, The failure to equip and maintain lights, and to have such lights lighted when the boat or vessel is operating within the harbor limits of the village at flight. SUBSECTION 9. Obstructing or interfering with passage of a boat or vessel through a channel or narrow passageway. SUBSECTION 10. Operating a boat or vessel in a careless or reckless manner in or ab.out a public swimming beach. SUBSECTION 11. Swimming in a channel, or jumping or diving from a channel bridge. SUBSECTION 12. Operating any watercraft, automobile, vehicle or powered propelled device on the open water, or upon an ice covered body of water, in such a manner as to endanger life, limb or property, (As amended by Ordinance No. 16:01, C/15/60) SECTION G. NOTICES, Owners of docks used by the public shall post two (2) Legible copies of this Ordinance on or near dock. SECTION 9. PENALTY, Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed one hundred dollars ($100.00) or by imprisonment for a period not to exceed ninety (90) days. ( 5/7/56 ) i • • •• ••• * • • • • 211 i AN ORDINANCE An Ordinance to Amend Ordinance Number 16.01 Pertaining to Water Skiing on Black Lake. The Village of Spring Park, Minnesota, ordains: Section 1. That Section 11 of Ordinance Number 16.01 relating to tke establishing of Harbor limits and prohibiting nuisances therein be amended by adding to the following sub-section: "(II 6 f) No person shall tow or be towed on water skis, aqua plane, surfboard, saucer or similar device on Black Lake." Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the Village Ooxmcil this 1st day of June, 1964. ATTEST: OBERT A. MATSON, Mayor Allan T. Quello Village Attorney Published in the Minnetonka Pilot on June 4, 1964. ! i i >ti I—tfliii«ii r L_^ REQUEST FOR COUNCIL ACTION *PIU4 DATE: 10, 199 ITEM NO: ^997 °^°fX>No c5- Department Approval: Name Dorothy Haltin Tide City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval FIREARMS USE PERMIT Hennepin Parks Larry Gillette Deer hunt at Baker Park November 29 & 30, 1997 SPECIAL EVENT PERMIT Norwest Bank Minnesota Paul W. Maahs 17th Annual Lake Minnetonka Half Marathon May4, 1997, 8:00- 11:00 COUNCIL ACTION REQUESTED Motion to approve/deny above listed licenses • •1 ■ f _ !■ *- 'i-,y "" k . '■■H k Date:March 27,1997 To:Ron Moorse, City Administrator From:Gary Cheswick, Chief of Police Subject:Half-Marathon I have reviewed the application for Special Event permit for the annual Half- Marathon. I have no objection to the issuance of this permit. i *J PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OF OROIVO, MINNESOTA 1 0 W97MliS Permit #: Fee: $50.00 Date Received: 8 si S' Phone Nun^ber: f ■ Nor\K)e^\' /HmCfcL. Afxktilf»Name Address: City,State,Zip: 53 3^/ Location of Parade or Event : ^ka,SC tLt. CijtkJ^ Hours of Event:Date of Event: 3 ------------ ---------------- : [_____________ Amount: Type of Event: Insurance Company (Copy of insurance certificate must be submitted with this application) 1 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 Approved: C Remarks: Denied: □ By: 010396.3 i ■i I i 'i Race Route Start: Norwest Bank Wayzata Lake Street to Fei ndale Road to County Road 15 to Orono Orchard Road to Fox Street to Old Crystal Bay Road to County Road 51 to County Road 19 to Northview Road to Lake Road to County Road 15 to Old Beach Road to County Road 19 to George Street to Water Street. Finish: Norwest Bank Excelsior Two years ago we have moved our starting time from 9:00 a.m. to 8:30 a.m. That helped to alleviate traffic problems. We haved moved the start time up again from 8:30 a.m. to 8:00 a.m. in hopes that will help traffic problems even more. APPLICATION FOR FIREARM USE PERMIT 4886.1(34) CITF OP ORONO DATE: XI, APPLICANT’S NAME: r w APPLICANT'S ADDRESS: 3^00 C7s^^ V, , /l/A/ S'SlSf City 1 r>street city zip PROPERTY OWNER'S NAME: pa.JQ - /f j: PROPERTY OWNER'S ADDRESS: ^ DESCRIPTION OF PROPERTY: 7/1//^^^^ /(t^ C\/rfCy/t* yCx. CL^ ~C'/^ TYPE OF PERMIT: $25.00 ANNUAL $10.00 OCCASIONAL V (Club Only)(15 to 120 Days) $25.00 GAME ANIMALS ^5. (Limited Use) DATE ENDING:10,/Vfy_________DATE STARTING: Mn/ , /f'y'p PURPOSE: /TH a^l^s JLu^ /Lu_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Cu/ /irryjy^ 7 7^ RESTRICTIONS: 7/1/^A^fC r rA'^J +/ I agree that this permit doesn't allow the hunting of game birds or game animals in the City of Orono unless specifically stated in this permit ar. 2 agree to abide by all applicable federal, state and local laws. ;s: Fee Paid: Date: 5 hiliz^ f Signature of applicant RECOMMENDED: YES NO Check: Tl Cash: Initials: •Public Sa(f^ty Director APPROVED:YES NO City Administrator REMARKS: COUNCIL MEETifJ r) I(ZJ ' *r»o APR I ^ im C/TYOFOROngP is •:i ---- 24 Mar 1997 Mon 3:05 PM Check Register ■* City of Orone Check Number Date Name Check Number 53522 53522 CITY COUNTY CREDIT UNION 26-Mar-97 CITY COUNTY CREDIT UNION Totals Check Number 53522 CITY COUNTY CREDIT UNION Check Number 53523 FIRST NATIONAL BANK OF LAKES 53523 53523 53523 26-Mar-97 26-Mar-97 26-Mar-97 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF ^JUCES Totals Check Number 53523 FIRST NATIONAL BANK OF LAKES Check Number 53524 GREAT WEST LIFE ASSURANCE CO. 53524 26-Mar-97 GREAT WEST LIFE ASSURANCE CO. Totals Check Number 53524 GREAT WEST LIFE ASSURANCE CO Check Number 53525 HENNEPIN CO. SUPPORT L COLL 53525 26-Mar-97 HENNEPIN CO. SUPPORT k COLL Totals Check Number 53525 HENNEPIN CO. SUPPORT k COLL Check Number 53525 HENNEPIN COUNTY SUPPORT k COLL 53526 26-Mar-97 HENNEPIN COUNTY SUPPORT k COLL Totals Check Number 53526 HENNEPIN COUNTY SUPPORT k COLL Check Number 53527 ICMA RETIREMENT TRUST - 457 53527 26-Mar-97 ICMA RETIREMENT TRUST - 457 Totals Check Number 53527 ICMA RETIREMENT TRUST - 457 Check Number 53520 LAW ENFORCMENT LABOR SERVICE 53528 26-Mar-97 LAe EN?Ok3®IT LABOR SERVICE Totals Check Number 53528 LAW ENFORCMENT LABOR SERVICE Check Number 53529 MN DEPT OP REVENUE 53529 26-Mar-97 MN ''EPT OF REVENUE Totals Check Number 53529 MN DEPT OF REVENUE Check Number 53530 MN MUTUAL LIFE 53530 26-Mar-97 MN MUTUAL LIFE Totals Check Number 53530 MN MUIU.^ LIFE Transaction Amount 7.733.00 7.733.00 4,003.10 4,003.10 7,854.80 15,861.00 734.46 734.46 197.71 197.71 184.50 184.50 100.00 100.00 495.00 495.00 3,231.76 3,231.76 200.00 200.00 Page 1 Comments SAVINGS W/H k TRANSFERRED FICA k MEDICARE W/H FICA,MEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED COMP W/H THOMTON 800266780 SXREEN 8C0262310 DEFERRED COMP W/H UNION DUES W/H STATE TAX W/H DEFERRED COMP W/H c i 1 m- r 24 Mar 1997 Mon 3:05 PH Check Number Check Number 53531 Check Reqister City of Orono Date Name 53531 MN STATE RETIREMENT-DEP COMP 26-Mar-97 MN STATE RETIREMENT-DBP COMP Totals Check Number 53531 MN STATE RETIREMENT-DEP COMP Check Number 53532 53532 PEBSCO/OBRA 26-Mar-97 Totals Check Number PEBSCO/OBRA 53532 PEBSCO/OBRA Check Number 53533 53533 PEwSCO/US CONP OP MAYORS 26-Mar-97 Totals Check Number PEBSCO/US COMP CP MAYORS 53533 PBBSCO/OS CONP OF MAYORS Check Number 53534 53534 53534 PERA 26-Mar-97 26-Mar-97 Totals Check Number PERA PERA 53534 PERA Check Number 53535 53535 UNITED WAY 26-Mar-97 Totals Check Number UNITED WAY 53535 UNITED WAY Transaction Amount 177.00 177.00 43.18 43.18 12.464.86 12.464.86 3.993.36 5.232.44 9.225.80 23.00 23.00 Page 2 Comments DEFERRED COMP W/H OBRA DEFERRED COMP W/H USCM DEFERRED COMP W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H Grand Total 30.671.27 31 Mar 1997 Non 11:34 AM Check Register City of Orono Check Number Date Name Check Number 52916 52916 DEPUTY REGISTRAR 31-Mar-97 DBPOTY REGISTRAR Totals Check Number 52916 DEPUTY REGISTRAR Check Number 52918 MN DEPT OF COMMERCE 52918 31-Mar-97 MN DEPT OF COMMERCE Totals Check Number 52918 MN DEPT OF COMMERCE Check Number 52919 RED APRON CATERING 52919 31-Mar-97 RED APRON CATERING Totals Check Number 52919 RED APRON CATERING Check Number 52920 FIRST RESPONSE TRAINING 52920 31-Har-97 FIRST RESPONSE TRAINING Totals Check Number 52920 FIRST RESPONSE TRAINING Check Number 52921 LATHROP PAINTING 31-Mar-97 LATHROP PAINTING Totals Check Number 52921 LATHROP PAINTING Check Number 52922 SCHULTZ, MICHAEL 52921 52922 52922 31-Mar-97 31-Mar-97 SCHULTZ, MICHAEL SCHULTZ, MICHAEL Totals Check Number 52922 SCHULTZ, MICHAEL Check Number 52923 ORONO community EDUCATION 52923 52923 31-Mar-97 31-Mar-97 ORONO COMMUNITY EDUCATION ORONO COMMUNITY EDUCATION Totals Check Number 52923 ORONO COMMUNITY EDUCATION Check Number 52924 FISCHENICH, DAN 52924 31-Mar-97 FISCHENICH. DAN Totals Check Number 52924 FISCHENICH. DAN Check Number 53238 HALLIN, DOROTHY 31-Mar-97 HALLIN. DOROTHY53238 Totals Check Number 53238 HALLIN. DOROTHY Transaction Amount 16.50 16.50 30.00 30.00 16.61 16.61 150.00 150.00 42.60 42.60 345.00 5.00 350.00 24.00 24.00 48.00 193.72 193.72 Page 1 Comments il67 LICENSE TABS GAPPA NOTARY FEE ADD'L LUNCHES FOR INTERVIEW CPR TRAINING-PW EMPLOYEES RENTAL AIRLESS SPRAYER ADD'D WAGES COMPUTER DISKS BOBZIEN-INTERNET COURSE VEE-INTERNET COURSE REFUND COLONIAL W/H TT 31 Mar 1997 Hon 11:34 AM Check Register City of Orono Page 2 Qieck Number Date Name Transaction Amount Comments Check Number 53239 53239 DEPUTY REGISTRAR 31-Mar-97 DEPUTY REGISTRAR Totals Check Number 53239 DEPUTY REGISTRAR 26.00 26.00 nn, 178 TABS Grand Total 995.42 li^tr , 1 Apr 1997 Mon 12:34 PM Check Register City of Orono Check Number Date Name Check Number 53536 53536 CITY COUNTY CR£DIT UNION 09-Apr-97 CITY COUNTY CREDIT UNION Totals Check Number 53536 CITY COUNTY CREDIT UNION Check Number 53537 FIRST NATIONAL BANK OF LAKES 53537 53537 53537 09-Apr-97 09-Apr-97 09-Apr-97 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OP LAKES FIRST NATIONAL BANK OF LAKES Totals Check Number 53537 FIRST NATIONAL BANK OF LAKES Check Number 53538 GREAT WEST LIFE ASSURANCE CO. 53538 09-Apr-97 GREAT WEST LIFE ASSURANCE CO, Totals Check Number 53538 GREAT WEST LIFE ASSURANCE CO, Check Number 53539 HENNEPIN CO. SUPPORT k COLL 53539 09-Apr-97 HENNEPIN CO. SUPPORT & COLL Totals Check Number 53539 HENNEPIN CO. SUPPORT k COLL Check Number 53540 HENNEPIN CY)UNTY SUPPORT & COLL 53540 09-Apr-97 HENNEPIN COUNTY SUPPORT & COLL Totals Check Number 53540 HENNEPIN COUNTY SUPPORT k COLL Check Number 53541 ICMA RETIREMENT TRUST - *;57 53541 09-Apr-97 ICMA RETIREMENT TRUST - 457 Totals Check Number 53541 ICMA RETIREMENT TRUST - 457 Check Number 53542 LAW ENFORCMENT LABOR SERVICE 53542 '9-Apr-97 LAW ENFORCMENT LABOR SERVICE Totals Check Number 53542 LAW ENFORCMENT LABOR SERVICE Check Number 53543 MN DEPT OF REVENUE 53543 09-Apr-97 MN DEPT OF REVENUE Toijils Check Number 53543 MN DEPT OF REVENUE Check Number 53544 MN MUTUAL LIFE 53544 09-Apr-97 MM MUTUAL LIFE Totals Check Number 53544 MN MUTc MF£ Transaction Amount 7,733.00 7,733.00 3.171.82 3.171.82 7,255.90 13,599.54 694.46 694.46 209.40 209.40 164.50 184.50 100.00 100.00 0.00 0.00 3,061.91 3,061.91 200.00 200.00 Page 1 Comments SAVINGS W/H & TRANSFERRED FICA & MEDICARE W/H FICA.MEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED COMP W/H THOMTON #C0266780 SKREEN iC0262310 DEFERRED COMP W/H UNION DUES W/H STATE TAX W/H DEFERRED COMP W/H 7 Apr 1997 Mon 12:34 PH Check Register City of Orono Check Number Date Name Check Number 53545 53545 MN STATE RETIREMENT-DEF COMP 09-Apr-97 MN STATE RETIREMENT-DEF COM^ Totals Check Number 53545 MN STATE RETIREMENT-DEF COMP Check Number 53546 PEBSCO/OBRA 53546 09-Apr-97 PEBSCO/OBRA Totals Check Number 53546 PEBSCO/OBRA Check Number S3547 PEBSCO/US CONF OF MAYORS 53547 09-Apr-97 PEBSCO/US CONF OF MAYORS Totals Check Number 53547 PEBSCO/US CONF OF MAYORS Check Number 53548 PERA 53S48 53548 Cj*Apr-97 09-Apr-97 PERA PERA Totals Check Number 53548 PERA Check Number 53549 UNITED WAY 53549 09-Apr-97 UNITED WAY Totals Check Number 53549 UNITED WAY Grand Total Transaction Amount 177.00 177.00 32.56 32.56 1.897.86 1.897.86 3.836.12 5.031.99 8.868.11 23.00 23.00 36.781.34 Page 2 Comments DEFERRED COMP W/H OBRA DEFERRED *:OMP W/H USCM DEFERRED COMP W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H — 10 Apr 1997 Check Register Page Thu 10)24 AH City of Orono Check Transaction Number Date Name Amount Comments Check Number 53559 ADT SECURITY SYSTEMS 53559 14-Apr-97 ADT SECURITY SYSTEMS 316.65 ALARM MONITORING-CLUBHOUS 53559 14-Apr-97 ADT SECURITY SYSTEMS 296.62 ALARM MONITORING-SHOP Totals Check Number 53559 ADT SECURITY SYSTEMS 613.27 Check Number 53560 AIRTOUCH CELLULAR 53560 14-Apr-97 AIRTOUCH CELLULAR 403.04 CELL PHONE CHARGES-CHESMI Totals Check Number 53560 AIRTOUCH CELLULAR 403.04 Check Number 53561 AMEM 53561 14-Apr-97 AMEM 20.00 OSSWICK-1997 DUES Totals Check Number 53561 AMEM 20.00 Check Number 53562 ASPLUNDH COFFEE 53562 14-Apr-97 ASPLUNDH COFFEE 117.00 COFFEE ■ Totals Check Number 53562 ASPLUNDH COFFEE 117.00 Check Number 53563 AT a T • 53563 14-Apr-97 AT a T -0.32 CELLULAR LONG distance: Totals Check Number 53563 AT a T -0.32 Check Number 53564 ATfcT 53564 14-Apr-97 AT6T 14.57 LONG DISTANCE CHARGES Totals Check Number 53564 AT&T 14.57 Check Number 53565 AT&T WIRELESS SERVICES 53565 14-Apr-97 ATaT WIRELESS SERVICES 5.45 MARCH SERVICE 53565 14-Apr-97 ATaT WIRELESS SERVICES 5.44 MARCH SERVICE 53565 14-Apr-97 ATaT WIRELESS SERVICES 143.41 MARCH SERVICE Totals Check Number 53565 ATaT WIRELESS SERVICES 154.30 Check Number 53566 BAYSIDC FLORAL 53566 53566 14-Apr-97 14-Apr-97 BAYSIDE FLORAL BAYSIDE FLORAL Totals Check Number 53566 BAYSIDE FLORAL Check Number 53567 BENEFITS DESIGN GROUP 53567 14-Apr-97 BENEFITS DESIGN GROUP 63.90 46.99 FLOWERS-HAUG FLOWERS-HURR 112.89 1,947.05 APRIL 1 i r 10 Apr 1997 Thu 10:24 AM Check Register City of Orono Page 2 Check Number Date Name Check Number 53567 BENEFITS DESIGN GROUP Totals Check Number 53567 BENEFITS DESIGN GROUP ri' Check Number 53568 BLACKOWIAK k SON 53568 14-Apr-97 Totals Check Number BLACKOWIAK k SON 53568 BLACXOWIAK k SON Oieck Number 53570 BRINKHAUS. jack 53570 14-Apr-97 BRINKHAUS. JACK Totals Check Number 53570 BRINKHAUS. JACK Check Number 53571 BUDGET PRINTING Check Number 53573 CITY OF ORONO PETTY CASH Transaction Amount Comments 1,947.05 168.58 168.58 MARCH SBIVICB Check Number 53569 BONESTROO ROSENS k ASSOC. 53569 14-Apr-97 BONESTROO ROSENE k ASSOC.5.410.00 RFP 13 MTR MC3T PLAN 53569 14-Apr-97 BONESTROO ROSENE k ASSOC.2,063.23 BAY RIDGE SAN SMR 53569 14-Apr-97 BONESTROO ROSENE k ASSOC.3,917.92 BRACKETTS PT SAN SNR 53569 14-Apr-97 BONESTROO ROSENE k ASSOC.550.00 NORTH L.L. SAN SMR-FEB 53569 14-Apr-97 BONESTROO ROSENE k ASSOC.320.00 I/I NAVARRE-CASCO PT 53569 14-Apr-97 BONESTROO ROSENE k ASSOC.421.50 I/I SAGA HILLS-FOREST LK 53569 14-Apr-97 BONESTROO ROSENE k ASSOC.324.50 KELLY AVE SWR-FBB 53569 14-Apr-97 BONESTROO ROSENE k ASSOC.718.00 L.S. 87 REHAB 53569 14-Apr-97 BONESTROO ROSENE k ASSOC.241.50 L.S. 828 RENOVATION 53569 14-Apr-97 BONESTROO ROSENE k ASSOC.310.50 OCB RD BRIDGE-FEB 53569 14-Apr-97 BONESTROO ROSENE k ASSOC.727.25 GRADING PLAN-ANTOINS PK 53569 14-Apr-97 BONESTROO ROSENE k ASSOC.4,567.90 FEB CC MTG Totals Check Number 53569 BONESTROO ROSENE &ASSOC.19,592.30 34.41 MILEAGE REIMBURSEMENT 34.41 53571 14-Apr-97 BUDGET PRINTING 145.96 TRAFFIC VIOLATION FORMS Totals Check Number 53571 BUDGET PRINTING 145.96 Check Number 53572 CHUNKS LAKESHORE AUTO 53572 14-Apr-97 CHUNKS LAKESHORE AUTO 45.60 8173 REMOVE RADAR, PHONE 53572 14-Apr-97 CHUNKS LAKESHORE AUTO 101.17 8172 OIL CHANGE, BULBS 53572 14-Apr-97 CHUNKS LAKESHORE AUTO 583.46 8175 AC SERVICE 53572 14-Apr-97 CHLTJKS LAKESHORE AUTO 55.21 8176 OIL CHANGE, HEADLIGH 53572 14-Apr-97 CHUNKS LAKESHORE AUTO 246.51 8173 CLUTCH FAN,BELT 53572 14-Apr-97 CHUNKS LAKESHORE AUTO 26.71 8173 OIL CHANGE 53572 14-Apr-97 CHUNKS LAKESHORE AUTO 126.34 8171 PITMAN SHAFT. SEALS 53572 14-Apr-97 CHUNKS LAKESHORE AUTO 185.09 8174 OIL CHANGE. LATCH 53572 14-Apr-97 CHUNKS LAKESHORE AUTO 45.60 8175 FAULTY RELAY SWITCH Totals Check Number 53572 CHUNKS LAKESHORE AUTO 1,415.69 -5i 10 Apr 1997 Thu 10:24 AM Chech Register City of Orono Check Humber Date Name Check Husiber 53573 53573 CITY OF ORONO PETTY CASH 14-Apr-97 CITY OP ORONO PETTY CASH Totals Check Number 53573 CITY OF ORONO PETTY CASH Clieck Number 53574 CITY OF WAYZATA 53574 53574 18-Apr-96 14-Apr-97 CITY OF WAYZATA CITY OF WAYZATA Totals Check Number 53574 CITY OF WAYZATA Check Number 53575 CITYVIEW PLUMBING 4 HEATING 53575 14-i^r-97 CITYVIEW PLUMBING 4 HEATING Totals Check Humber 53575 CITYVIEW PLUMBING 4 HEATING Check Number 53576 COLONIAL LIFE INSURANCE CO. 53576 14-Apr-97 COLONIAL LIFE INSURANCE CO. Totals Check Number 53576 COLONIAL LIFE INSURANCJ CO. Check Number 53577 COMPUTER CITY 53577 14-Apr-97 COMPUTER CITY Totals Check Number 53577 COMPUTER CITY Check Number 53578 CYS UNIFORMS 53578 14-Apr-97 CYS UNIFORMS Totals Check Number 53578 CYS UNIFORMS Check Number 53579 E-Z RECYCLING 53579 02-Apr-96 E-Z RECYCLING Totals Check Number 53579 E-Z RECYCLING Check Number 53580 ENGINEERING REPRO SYSTEMS 53580 53580 14-Apr-97 14-Apr-97 ENGINEERING REPRO SYSTEMS ENGINEERING REPRO SYSTEMS Totals Check Number 53580 ENGINEERING REPRO SYSTEMS Check Number 53581 FEDEX 53581 14-Apr-97 FEDEX Totals Check Number 53581 FEDEX L. Transaction Amount 106.27 106.27 3,707.75 1,755.68 5,463.43 7.93 7.93 898.06 898.06 149.00 149.00 6.39 6.39 5.422.92 5.122.92 16.65 16.65 33.30 18.18 18.18 Page 3 Comments POSTAGE 2ND QTR FIRE PROTECTION 1ST QTR WATER CONSUMPTION PVC COUPLING MARCH INSURANCE WECKMAN-MS ACCESS TRAININ REFINISH BADGE MARCH SERVICE REPRINTS REPRINTS PACKAGE TO D. FLINT 10 Apr 1997 Thu 10:24 AM Check Register City of Orono Check Number Date Name Check Number 53S82 53582 FIRSTAR TRUST COMPANY 14-Apr-97 FIRSTAR TRUST COMPANY Totals Check Number 53582 FIRSTAR TRUST COMPANY Check Number 53583 FOLEY, PATRICK 53583 14-Apr-97 FOLEY. PATRICK Totals Check Number 53583 FOLEY. PATRICK Check Number 53584 FROST. SHERRY R. 53584 17-Apr-96 FROST. SHERRY R. Totals Check Number 53584 FROST. SHERRY R. Check Number 53585 G k K SERVICES 53585 53585 53585 14-Apr-S7 14-Apr-97 14-Apr-97 G a K SERVICES G a K SERVICES G a K SERVICES Totals Check Number 53585 G a K SERVICES Check Number 53586 GAFFRON. MIKE 53586 14-Apr-97 GAFFRON. MIKE Totals Check Number 53586 GAFFRON. MIKE Check Number 53587 GALL'S INC. 53587 14-Apr-97 GALL'S INC. Totals Check Number 53587 GALL'S INC. Check Number 53588 GANGELHOFF. DONNA 53588 14-Apr-97 GANGELHOFF. DONNA Totals Check Number 53588 GANGELHOFF. DONNA Check Number 53589 GOVERNMENT TRAINING SERVICE 53589 14-Apr-97 GOVERNMENT TRAINING SERVICE Totals Check Number 53589 GOVERNMENT TRAINING SERVICE Check Number 53590 GREGORY E. KELLER P.A. 53sro 14-Apr-97 GREGORY E. KELLER P.A. Totals Check Number 53590 GREGORY E. KELLER P.A. Transaction Amount 110.00 110.00 27.00 27.00 525.00 525.00 47.63 60.95 47.63 156.21 23.25 C3.25 729.90 729.90 50.00 50.00 50.00 50.00 45.00 45.00 Page 4 Comments PAYING AGENT FEE EXPENSE REIMBURSEMENT PARK COMMISSION MTO FLOOR MATS FLOOR MATS FLOOR MATS MILEAGE REIMBURSOIOrr 1177 SETUP DEER PICKUP GAFFRON-GIS WORKSHOP SUMMONS-JOHN ALT .-rt V- 1 10 Apr 1997 Thu 10:24 AM Check Register City of Orono Check Number Date Name Check Number 53591 53591 HALLIN, DOROTHY 14-Apr-97 HALLIN, DOROTHY Totals Check Number 53591 HALLIN, DOROTHY Check Number 53592 KAMEL BUILDING CENTER 53592 14-Apr-97 KAMEL BUILDING CENTQl Totals Check Number 53592 HAMEL BUILDING CENTER Check Number 53593 HANSEN, STEVEN C. 53593 06-May-96 HANSEN, STEVEN C. Totals Check Number 53593 HANSEN, STEVEN C. Check Number 53594 HENN COUNTY TREAURER / 53594 53594 14-J^r-97 14-Apr-97 HENN COUNTY TREAURER / HENN COUNTY TREAURER / Totals Qieck Nundber 53594 HENN COUNTY TREAURER / Check Number 53595 HENNEPIN COUNTY SHERIFF 53595 14-Apr-97 HENNEPIN COUNTY SHERIFF Totals Check Number 53595 HENNEPIN COUNTY SHERIFF Check Number 53596 HENNEPIN COUNTY-TAX 53596 14-Apr-97 HENNEPIN COUNTY-TAX Totals Check Number 53E96 HENNEPIN COUNTY-TAX Check Number 53597 INTOXIMETERS 53597 14-Apr-97 INTOXIMETERS Totals Check Number 53597 INTOXIMETERS Check Number 53598 LAND STEWARDSHIP PROJECT 53598 14-Apr-97 LAND STEWARDSHIP PROJECT Totals Check Number 53590 LAND STEWARDSHIP PROJECT Check Number 53599 l^AGUE OP KN CITIES 53599 14-Apr-97 LEAGUE OF MN CITIES Totals Check Number 53599 LEAGUE OF KN CITIES Transaction Amount 17.55 17.55 86.09 86.09 21.80 21.80 25.00 914.00 939.00 147.44 147.44 368.90 368.90 711.42 711.42 30.00 30.00 15.00 15.00 Page S Comments EXPENSE REIMBURSEMENT SIGNS LICENSE REIMS. GAPPA-RECORDING FEE ROOM 6 BOARD - F^ FEB BOOKING FEES SPEC ASMNT SERVICE CHARGE ALCO-SENSORS MEMBERSHIP DUES HALLIN-SAFETY WORKSHOP a 10 Apr 1997 Thu 10:24 AM Check Number Check Number 53600 Date Check Register City of Orono Name 53600 LEAGUE OF MN CITIES INS. TRUST 14-Apr-97 LEAGUE OF MN CITIES INS. TRUST Totals Check Number 53600 LEAGUE OF MN CITIES INS. TRUST Transaction Amount 347.00 347.00 Page 6 Comments SPKRL DAMAGE-250 OCB RD Check Number 53601 LITIN PAPER COMPANY 53601 14-Apr-97 Totals Check Number LITIN PAPER COMPANY 53601 LITIN PAPER COMPANY 111.20 111.20 SOLO COZY CUPS ^eck Number 53602 LOQIS 53602 14-Apr-97 Totals Check Number LOGIS 53602 LOGIS 905.05 905.05 FEB DATA PROCESSING Check Number 53603 MEDICA CHOICE 53603 53603 53603 14-Apr-97 14-Apr-97 14-Apr-97 Totals Check Number MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE 53603 MEDICA CHOICE 262.03 112.29 5.611.24 5.985.56 APRIL HEALTH INSURANCE APRIL HEALTH INSURANCE APRIL HEALTH INSURANCE Check Number 53604 53604 53604 MET COUNCIL ENVIRONMENTAL SVCS 06-May-96 14-Apr-97 Totals Check Number MET COUNCIL ENVIROI^HENTAL SVCS MET COUNCIL EN'/IROIWENTAL SVCS 53604 MET COUNCIL ENVIRONMENTAL SVCS 940.50 20.320.00 21.260.50 SAC CHARGES MAY SERVICE Check Number 53605 MIDWEST COCA COLA BOTTLING CO 53605 14-Apr-97 Totals Check Number MIDWEST COCA COLA BOTTLING CO 53605 MIDWEST COCA COLA BOTTLING CO 1.216.40 1.216.40 POP FOR RESALE Check Number 53606 MILLER. CHRIS 53606 14-Apr-97 Totals Check Number MILLER. CHRIS 53606 MILLER. CHRIS 33.48 33.48 MILEAGE REIMBURSEMENT Check Number 53607 53607 MINNEAPOLIS OXYGEN COMPANY 14-Apr-97 Totals Check Number MINNEAPOLIS OXYGEN COMPANY 53607 MINNEAPOLIS OXYGEN COMPANY 13.50 13.50 MEDICAL OXYGEN Check Number 53608 MINNEGASCO 53608 14-Apr-97 MINNEGASCO 47.08 GAS CHARGES I 10 Apr 1997 Thu 10:24 AM Check Register City of Orono Check Number Date Name Check Number 53608* 53608 53608 MINNEGASCO 14-Apr-97 MINNEGASCO 14-Apr-97 MINNEGASCO Totals Check Number 53608 MINNEGASCO Check Number 53609 MN DEPT OF REVENUE 53609 53609 53609 53609 14-Apr-97 18-Jun-96 14-Apr-97 14-Apr-97 MN DEPT OF REVENUE MN DEPT OF REVENUE MN DEPT OF REVENUE MN DEPT OF REVENUE Totals Check Number 53609 MN DEPT OF REVENUE Check Number 53610 MN DEPT OP TRANSPORTATION 53610 14-Apr-97 MN DEPT OP TRANSPORTATION Totals Check Number 53610 MN DEPT OP TRANSPORTATION Check Number 53611 MN STATE TREASURER 53611 14-Apr-97 Totals Check Number 536: Check Number 536^2 MN/SCIA 53612 53612 14-Apr-97 14-Apr-97 Totals Check Number 536: Check Number 53613 MPLS COMMUNITY COLLEGE 53613 14-Apr-97 MPLS COWUNITY COLLEGE Totals Check Number 53613 MPLS COMMUNITY COLLEGE Check Number 53614 MPLS COmUNITY COLLEGE 53614 14-Apr-97 MPLS COMMUNITY COLLEGE Totals Check Number 53614 MPLS COMMUNITY COLLEGE Check Number 53615 MSP COMKimiCATIONS 53615 14-Apr-97 MSP COMMUNICATIONS Totals Check Number 53615 MSP COMMUNICATIONS Check Number 53616 NCITE 53616 14-Apr-97 NCITE Transaction Amount 305.53 2,189.59 2,542.20 13.00 36.00 674.00 1,873.00 2,596.00 45.10 45.10 285.00 285.00 100.00 100.00 221.00 221.00 45.00 Page 7 Comments GT£ CHARGES GAS CHARGES MARCH SALES TAX MARCH SALES TAX DUB AMENDED RETURN AMENDED RETURN MN/DOT GEOTECHNICAL MANUA MN STATE TREASURER 2,133.17 1ST QTR BLDG SURCHARGE MN STATE TREASURER 2,133.17 MN/SCIA 18.00 MOROWCZYNSKI-1997 DUES MN/SCIA 18.00 ERICKSCN-1997 DUES MN/SCIA 36.00 FARNIOK-REALISTIC SUSPECT TOMCHECK-DEF. TACTICS AD-TC BUSINESS MONTHLY GAPPA-TRAFFIC ENGINEERING 1i 10 1997 Thu 10:24 AM Check Register City of Orono Check Number NameDate Check Number 53616 NCITE Totals Check Number 53616 NCITE Check Number 53617 OFFICE DEPOT 53617 14-Apr-97 OFFIC Totals Check Number 53617 OFFIC Check Number 53618 OMAN, lyle 5361S 24-Mar-97 OMAN* Totals Check Number 53618 OMAN* LYLE Oieck Number 53619 PERA LIFE INSURANCE 53619 06-May-96 PERA LIFE INSURANCE Totals Check Number 53619 PERA LIFE INSURANCE Check Number 53620 PERRYS TRUCK REPAIR 53620 53620 14-Apr-97 14-Apr-97 PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR Totals Check Number 53620 PERRYS TRUCK REPAIR Check Number 53621 PERSONNEL DECISIONS 53621 14-Apr-97 PERSONNEL DECISIONS Totals Check Number 53621 PERSONNEL DECISIONS Check Number 53622 PIONEER Check Number 53623 POPHAM HAIK k ASSOC 53623 53623 14-Apr-97 14-Apr-97 POPHAM HAIK a ASSOC POPHAM HAIK a ASSOC Totals Check Number 53623 POPHAM HAIK a ASSOC Check Number 53624 53624 POST BOARD 14-Apr-97 POST BOARD 156.00 156.00 125.29 15.00 140.29 61.00 61.00 216.10 6*013.20 6*229.30 60.00 Page 8 Transaction Amount Comments 45.00 ; DEPOT 291.86 MISC SUPPLIES ; DEPOT 291.86 LYI£23.87 MILEAGE REIMS. LYLE 23.87 MAY INSURANCE TOW VEHICLE #173 TIRE REPAIR POSITION PROFILES 53622 14-Apr-97 PIONEER 21.00 ZONING ORDINANCE AMEN1 53622 15-NOV-96 PIONEER 80.50 LAND USE APPLICATIONS 53622 14-Apr-97 PIONEER 61.25 ORD #156* 2ND SERIES 53622 14-Apr-97 PIONEER 52.50 AD FOR BIDS Totals Check Number 53622 PIONEER 215.25 VCI EASEMENT FEB COUNCIL MTGS SCHOENHOFF RENEWAL 1 i r 10 Apr 1997 Thu 10:24 AM Check Number Date Name Check Register City of Orono Transaction Amount Page 9 Comments Check Number 53624 POST BOARD Totals Check Number 53624 POST BOARD 60.00 Check Number 53625 PONERCLBAN COMPANY INC. 53625 14-Apr-97 Totals Check Number PONERCLBAN COMPANY INC. 53625 PONERCLBAN COMPANY INC. Check Number 53626 53626 PONBRPHONB INC. 14-Apr-97 Totals Check Number PONERPHONR INC. 53626 PONBRPHONB INC. Check Number 53627 53627 PRAIRIE OFFSET 14-Apr-97 Totals Check Number PRAIRIE OFFSET 53627 PRAIRIE OFFSET Check Number 53626 53628 53628 53626 53628 R.L. YOUNGDAHL & ASSOC. 14-Apr-97 14-Apr-97 14-Apr-97 14-Apr-97 Totals Check Number R.L. YOUNGDAHL & ASSOC. R.L. YOUNGDAHL k ASSOC. R.L. YOUNGDAHL k ASSOC. R.L. YOUNGDAHL k ASSOC. 53626 R.L. YOUNGDAHL k ASSOC. Check Number 53629 53629 RC IDENTIFICATIONS 14-Apr-97 Totals Check Number RC IDENTIFICATIONS 53629 RC IDENTIFICATIONS Check Number 53630 53630 RIT2 CAMERA 14-Apr-97 Totals Check Number RIT2 CAMERA 53630 RIT2 CAMERA Check Number 53631 53631 53631 SCHWABB INC. 14-Apr-97 14-Apr-97 Totals Check Number SCHWABB INC. SCHWABB INC. 53631 SCHWABB INC. Check Number 53632 53632 SNYDER DRUG STORES 14-Apr-97 SNYDER DRUG STORES 1,693.35 1,693.35 99.00 99.00 374.40 374.40 75.00 175.00 75.00 1.475.00 1.800.00 6.95 8 95 9.61 9.61 30.89 30.89 61.78 73.86 MARCH SERVICE DEMBOUSKI-EMER CRIME SCEN ENVELOPES, RESOLUTION 2ND QTR AGENT FEE 2ND QTR AGENT PEE 2ND QTR AGENT FEE 2ND QTR AG^ FEE STRAP CLIPS FILM DEVELOPING STAMP-BOB2IEN STAMP-GEMAR POLAROID FILM, BATTERIES P' 10 Apr 1997 Thu 10:24 AH Check Register City of Orono Check Number Date Name Qieck Number 53632 53632 53632 53632 SNYDER DRUG STORES 14-Apr-97 SNYDER DRUG STORES 14-Apr-97 SNYDER DRUG STORES 14-Apr-97 SNYDER DRUG STORES Totals Check Number 53632 SNYDER DRUG STORES Check Number 53633 SPRING PARK CAR WASH 53633 14-Apr-97 SPRING PARK CAR WASH Totals Check Number 53633 SPRING PARK CAR HASH Check Number 53634 STEFFENHAGEN, RON 53634 14-Apr-97 STEFFENHAGEN, RON Totals Check Number 53634 STEFFENHAGEN« RON Check Number 53635 STREICHERS Totals Check Number 53636 SUPERIOR FORD Check Number 53637 TEMPORARIES-TO-GO 53637 14-Apr-97 TEMPORARIES-TO-GO Totals Check Number 53637 TEMPORARIES-TO-GO Check Number 53630 TWIN CITY SCALE COMPANY INC. 53630 14-Apr-97 TWIN CITY SCALE COMPANY INC. Totals Check Number 53630 TWIN CITY SCALE COMPANY INC. Check Number 53639 uniforms unlimited 53639 14-Apr-97 UNIFORMS UNLIMITED Totals Check Number 53639 UNIFORMS UNLIMITED Transaction Amount 7.39 3.02 5.40 09.67 200.00 200.00 32.64 32.64 39,030.00 33.00 33.00 02.50 02.50 752.06 752.06 I Page 10 Comments PHOTO FINISHING FILM DEVELOPING MISC SUPPLIES CAR HASH TICKETS SUPPLIES REIMBURSEMENT 53635 14-Apr-97 STREICHERS 70.65 #177 SETUP 53635 14-Apr-97 STREICHERS 46.17 FLASHLIGHT, BATTERY 53635 14-Apr-97 STREICHERS 10.60 #170 SETUP 53635 14-Apr-97 STREICHERS 106.45 #170 SETUP 53635 14-Apr-97 STREICHERS 10.60 #177 SETUP 53635 14-Apr-97 STREICHERS 106.45 #177 SETUP Totals Check Number 53635 STREICHERS 350.92 Check Number 53636 SUPERIOR FORD 53636 14-Apr-97 SUPERIOR FORD 19,915.00 il77 SQUAD CAR PURCHASE 53636 14-Apr-97 SUPERIOR FORD 19,915.00 #170 SQUAD CAR PURCHASE PHONE COVERAGE-J.A.M. RET CALIBRATE SCALE MISC UNIFORM PURCHASES eJ 10 Apr 1997 Thu 10:24 AM Check Register City of Orono Check Number Date Name Check Number 53640 53640 UNITED SYSTEMS TECHNOLOGY. INC 14-Apr-97 UNITED SYSTEMS TECHNOLOGY. INC Totals Check Number 53640 UNITED SYSTEMS TECHNOLOGY. INC Check Number 53641 UNUM LIFE INSURANCE I Check Number 53642 VEB« LIN 53642 14-Apr-97 VEE. LIN Totals Check Number 53642 VEE. LIN Check Number 53643 NAYZATA BAY CAR WASH 53643 14-Apr-97 WAYZATA BAY CAR WASH Totals Check Number 53643 WAYZATA BAY CAR WASH Check Number 53644 WEST PHOTO 53644 14-Apr-97 WEST PHOTO Totals Check Number 53644 WEST PHOTO Check Number 53645 WRIGHT HENNEPIN ELECTRIC 53645 53645 14-Apr-97 14-Apr-97 WRIGHT HENNEPIN ELECTRIC WRIGHT HENNEPIN ELECTRIC Totals Check Number 53645 WRIGHT HENNEPIN ELECTRIC Check Number 53646 YOCUM OIL CO INC. 53646 14-Apr-97 YOCUM OIL CO INC. Totals Check Number 53646 YOCUM OIL CO INC. Grand Total Transaction Amount 1.400.00 1.400.00 87.16 87.16 156.02 156.02 53.07 53.07 8.31 18.00 26.31 320.90 320.90 133.781.33 Page 11 Comments LEADRS A- TUAL MAINTENANCE 53641 02-Apr-96 UNUM LIFE INSURANCE 0.70 APRIL INSURANCE 53641 02-Apr-96 UNUM LIFE INSURANCE 2.97 APRIL INSURANCE 53641 02-Apr-96 UNUM LIFE INSURANCE 1.27 APRIL INSURANCE 53641 02-Apr-96 UNUM LIFE INSURANCE 354.10 APRIL INSURANCE Totals Check Number 53641 UNUM LIFE INSURANCE 359.04 EXPENSE REIMBURSEMENT CAR WASH TICKETS FILM SECURITY LIGHT SECURITY LIGHT FUEL OIL ■ Tii» irii ii riv.-* ~i nniiiimif ii 11 n~ mis iiai fiirr f r~ n m na in ni—‘ i ir ^ .t Miit'rarfr^juvk^tejr- ■. :• 10 Apr 1997 Check Register Thu 10:31 AM City of Orono Check Transaction Number Date Name Amount Comments Qieck Number 53647 NSP 53647 14-Apr-97 NSP 55.88 NSP CHARGES 53647 14-Apr-97 NSP 1,602.70 NSP CHARGES 53647 14-Apr-97 NSP 2,080.11 NSP CHARGES 53647 14-Apr-97 NSP 1,990.02 NSP CHARGES Totals Check Number 53647 NSP 5,728.71 Check Number 53648 US WEST COMMUNICATIONS 53648 14-Apr-97 US WEST COMWNICATIONS 292.18 US WEST CHARGES 53648 14-Apr-97 US WEST COrWUNICATIONS 42.71 as WEST C31ARGES 53648 14-Apr-97 US WEST COMMUNICATIONS 178.22 US WEST CHARGES 53648 14-Apr-97 US WEST COMMUNICATIONS 750.68 US WEST CHARGES Page 1 Totals Check Number 53648 US WEST COMMUNICATIONS 1,263.79 Grand Total 6,992.50 1. 2. 3. 4. 5. 8. A pr 1 4 jgg^ ^'^OFOROto COUNCIL INFORMATION ITEMS Letter from Hennepin County Library Board dated 4/7/97 Copy of letter sent to Commissioner Penny Steele dated 4/2/97 Orono Planning Commission Meeting Minutes of 3/17/97 Association of Metropolitan Municipalities Memo dated 4/7/97 West Suburban Mediation Center letter dated 4/7/97 6. Listing of permits issued 3/1/97 - 3/31/97 7. Listing of permits issued year-to-date Miscellaneous mail for Councilmembers April 14,1997 Agenda Packet V J 1 1 f/ Hennepin County An Equal Opportunity Employer beceweo m c^y OF OBONO April 7,1997 Ronald J. Moorse City Administrator/Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Dear Mr. Moorse: Thank you for your April 2 letter concerning the upcoming renovation and temporary relocation of Ridgedale Area Library services for approximately 18-24 months. We know how important library services are and have tried to minimize disruptions, taking into account the facts below. •Unrelated to the Ridgedale Library relocation, earlier this year more evening hours were added at the Excelsior, Maple Plain, Plymouth, Wayzata and Westonka libraries, all of which serve Orono School District #278. • In cooperation with the Long Lake community, that library was relocated to a larger and more easily accessible facility in May 1995-with Saturday hours added to the schedule in 1996. A renovation of the Maple Plain Library also was completed late last year to provide improved service to that community. • During the period that the "core" collection of the Ridgedale Library and many of its staff are re located to the Golden Valley Library (due to its central location and space availability), both the Wayzata and Plymouth libraries will gain additional evening and summer weekend hours. Given their larger collections, we think these two libraries are best able to meet many of the more in-depth needs of your residents. • All local schools and many homes now have access to our catalog through modem-equipped computers. Available online services, in addition to the library's catalog, include text articles from magazines and reference works in an electronic format as well as the ability to access the Internet. Patror\s of all ages also can make use of this technology to reserve items from any Hennepin County Library location for pickup at whatever library is most convenient for them. • Our statistics indicate that at present only 2% of the use of the Ridgedale Area Library is derived from residents of Long Lake and the percentage is even less for Maple Plain. Hennepin County Library Administrative Offices Ridgedale Drive at Plymouth Road 12601 Ridgedale Drive Minnetonka, Minnesota 55305-1909 (612) 541-8530 • The slated expansion and total renovation of the Ridgedale Area Library will result in-among other things~a doubling of the size of the present facility, development of the largest and most in-depth children's collection in the entire library system, creation of a technology center/lab for public training on current and emerging technologies, a large quiet study space, and a significant increase in overall parking availability. The Library is planning community information sessions in five locations in the Ridgedale Library's service area in order to share renovation plans, provide a sneak preview of the remodeled Ridgedale Library, and discuss interim relocation plans and issues. I hope that you, and Mayor Gabriel Jabbour, and City Council members will be able to attend one of them. These meetings are scheduled for: Minnetonka City Hall, Wednesday, May 21,1997, 7:00 p.m. Orono City Hall, Thursday, May 22,7:00 p.m. Golden Valley City Hall, Wednesday, June 4, 7:00 p.m. Plymouth Community Library, Thursday, June 5, 7:00 p.m. Wayzata City Council Chambers, Tuesday, June 10, 7:00 p.m. The Hennepin County Library is dedicated to meeting the current and future needs of suburban residents through the construction process. I hope that this letter helps to address your city ’s concerns and that the arrangements we have made will be sufficient on a temporary basis. Thank you for your cooperation and please keep us informed as the project unfolds. Sincerely, Marilyn Jackson President Hennepin County Library Board c: Commissioner Penny Steele Mayor Gabriel Jabbour Hennepin County Library Administrative Offices Ridgedale Drive at Plymouth Road 12601 Ridgedale Drive Minnetonka, Minnesota 55305-1909 (612) 541-8530 r GITYof ORONO Municipal Offices Street Mdre»: 2750 Kelley Parkway Orono, MN 55356 Maillni Address: P.O. Box 66 Crystal Bay, MN 55323-0066 April 2,1997 Commissioner Penny Steele A-24 Government Center Minneapolis, Minnesota 55387 Dear Commissioner Steele: I am writing on behalf of the Orono Mayor and City Council to express the city of Orono ’s concerns regarding the impact of the extended closure of the Ridgedale Library on the availability of library services to Orono residents, and to urge the expansion of services at branch libraries in western Hennepin County, and particularly in Long Lake and Maple Plain, during the time of the closure. As the\:ity understands the plan for the Ridgedale Library building project, the library will be closed for approximately two years and there are no plans to expand services at the branch libraries in western Hennepin County during this period (other than the Plymouth branch) to offset the loss of services at the Ridgedale Library. The Ridgedale Library ’ is an important resource for Orono residents due to limited services and hours available at the Long Lake and Maple Plain libraries. The closure of the Ridgedale Library will substantially affect the availability of library services to Orono residents. On behalf of the Orono Mayor and City Council, I request your support and assistance in encouraging the Board of Commissioners and the Library Board to consider expanding hours and services at the branch libraries in the western portion of the county, and particularly in Long Lake and Maple Plain, during the period of construction at the Ridgedale Library. Thank you for your help. Sincerely, Ronald J. Moorse City Administrator Telephone (612) 47M357 • FAX 4734)510 <»m ..................... iii~rriiTitiii iinni ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 17,1997 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Dale Lindquist, Sandra Smith, Janice Berg, William Stoddard, and Lili McMillan. Charles Schroeder and Elizabeth Hawn were absent. The following represented the City Staff: Assistant Zoning and Planning Administrator Michael Gafffon, Public Services Director Greg Gappa, City Planner Elizabeth Van Zomeren, and Recorder Sherry Frost. Council Members Goetten and Flint were present. Chair Lindquist called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REVIEWS (#1) 7:00 P.M. - «2I8 JYLAND DEVELOPMENT, INC., 1185 HUNTER DRIVE - PRELIMINARY SUBDIVISION, CLASS 111 - 7:00-7:08 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the application is for a preliminary subdivision of four lots within 2 acre rural residential zone involving a road outlet. The 21.57 acre property is located in the RR-IB Zoning District and meets all requirements. Information provided include wetland delineation, drainage easements, septic determinations, and covenants and maintenance regarding the road and drainage. Van Zomeren indicated that the Park Commission will review the application at their April 7 meeting. Staff recommended approval with conditions as noted in the Staff memo. Mark Gronberg indicated the size of lot 2 has increased due to a change in the septic location. He noted the property contains two Orono wetlands and two other wetlands of type 1 and 2 protected by covenants. During public comments, John McKay, 1505 Hunter Drive, questioned whether there were different requirements in acreage for mound or traditional septic. Lindquist informed him that the property meets the 2-acre requirements. He explained the City requires two sites, and the type of septic system depends on the test results. Bruce Steiner, 144 Edgewood, Wayzata, reported owning the adjoining property to the west. He questioned the number of septic sites required. Gaflfron explained the use of the primary and secondary, or alternate, sites. Stoddard inquired if Gronberg was satisfied viith the Staff recommendations. Gronberg said he was. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 {U\ - #2218 Jyland Development - Continued) Lindquist noted Gronberg met with the neighbors. Gronberg referred to Bob Carlson of Jyland, the builder and developer. Carlson said he has been available to speak with neighbors but has not met any of them. Stoddard moved, McMillan seconded, to recommend approval of Application #2218 for preliminary subdivision with Staff conditions 1-7. Vote: Ayes 5, Nays 0. (Agenda Items #2 and 3 follow Items #5 and 6.) (#5) #2213 JIM ZIMMERMAN, 2745 SHADYWOOD ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING 7:08-7:15 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Gaffron reported that the application is for a conditional use permit for a permanent boat dock on Lake Minnetonka. The property is located northwest of the Narrows in a lagoon area. The dock would be located adjacent to the boat house on the south side. The boat house has an 8' garage door. A 6' dock section would be added to the existing dock section. The dock would total 32' in length located adjacent to the shore. A 4' section would extend toward the shoreline on each side resulting in an inverted u-shape configuration. The CUP is required due to the use of pilings which make the dock permanent. The LMCD has been advised. The DNR has a blanket general permit which includes such use The LMCD has questioned whether the dock meets the general permit requirements since the single linear criteria may not be met due to the two 4' sections leading back to the shore. If the dock does not meet the criteria, the DNR would need to issue a separate permit. Gaffron said the construction of the dock is a logical solution. Staff recommended approval subject to the necessary permits, noting no foreseen impacts. The applicant reported he has spoken with the LMCD, who voiced satisfaction with the dock. Smith inquired if there was previously a dock in that location. Zimmerman said he did not know but the pilings were in place. He indicated there is presently no way to pull a boat up to the boat house. He reported understanding the City's viewpoint regarding boat houses (and their elimination). Zimmerman indicated his boat house is in good repair. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#5 - #2213 Zimmerman - Continued) Stoddard asked if the applicant had considered a temporary dock. Zimmerman said the pilings were solid and other docks in the lagoon were permanent in nature. Stoddard noted movement of 4-6 ’* has taken place on the south side of the boat house, .\pplicant acknowledged the movement but was of the opinion that the boat house was structurally sound. There were no public comments. Smith moved, Stoddard seconded, to approve Application #2213 subject to receipt of LMCD and DNR permits prior to issuance of the building permit with the condition that no concurrent work take place on the boat house. Vote; Ayes 5, Nays 0. (#6) #2214 RICHARD KOZICKY, 2016 SHADYWOOD ROAD - VARIANCES - PUBLIC HEARING 7:15-7:41 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present Van Zomeren reported that the application is a request for modifications to an existing residence and garage requiring variances for average lakeshore setback, hardcover in the 0-75' and 75-250' setback areas, and structural coverage. The property is located in the LRl-C One Family Lakeshore Residential Zoning District. An encroachment into the required side yard occurs due to the 3' overhang of the eaves. The existing hardcover in the 0-75' is a result of the topography of the property and is proposed to remain. It was noted that the circular driveway allows for access to a neighboring property to the north. The hardships listed include the topography, speeds on the County highway and curve on the roadway. The proposal includes removing the existing garage, adding a new laundry room and garage, and remodeling the lakeside to add a family room and a new deck. The hardcover calculations in the 0-75' setback require a 11.6% variance and a 25.33% variance in the 75-250' setback. The lot does not meet the 1/2 acre requirement. The district allows for 15% structural coverage which is proposed at 19.62%. Van Zomeren said Staff recommends less structural coverage and a reduction in the size of the overhang from 3 ’ to 1'6", which encroaches into the 10' side setback. When asked to address the issues, Kozicky said the overhang is proposed to follow the existing overhang of the house to architecturally match what currently exists. Van Zomeren noted that a 1-1/2' overhang is a non-encorachment in a side yard. The applicant questioned how the average lakeshore setback line was drawn. Van Zomeren said Staff would reevaluate the line. r MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#6 - #2214 Richard Kozicky - Continued) Smith acknowledged the proposal addresses the hardships of access and safety but the significant amount of additional structural coverage is not a result of the hardships noted. Kozicky said he had been unaware of the increase of258 s.f in hardcover and would be willing to reduce the driveway hardcover by that amount. He also noted the two entrances assist in maintaining safety. Smith said the existing residence is at 45.65 where 25% is allowed. She asked the applicant to consider reductions in the proposal to maintain the existing percentage. Lindquist inquired about the size of the proposed garage. Kozicky said the garage would be at a 24' width with a new entry way and laundiy room. The proposed garage is deeper than the existing garage. The current deck is being enlarged. Smith inquired if the applicant knew at the time of purchase that the lot was substandard and would have limitations in what improvements could be made. Kozicky said he did not. The applicant was informed of the view of the Commission regarding excess of structural and hardcover on substandard lots. Kozicky said the patio has been reduced but he would be willing to remove the remaining 34 s.f landing in front of the deck. Lindquist informed the applicant that the Commissioners would like to maintain the structural coverage at the existing percentage and eliminate any flirther intensification of structure on the small lot. Kozicky said he had been unaware of the increase until he read the Staff letter. There were no public comments. Mrs. Kozicky asked if the overhang presented a problem. The Commission felt the overhang maintained the architectural inte^ty of the home. Stoddard asked the applicant to speak with the building inspector regarding the overhang. Kozicky asked if the average lakeshore setback could be reevaluated. Van Zomeren said she would need to gather further information regarding the upper and lower deck on the neighboring property for recalculation. Lindquist said the intent of the Commission is to see the property as conforming as possible in regards to intensity of structure, average lakeshore setback, and hardcover. The applicant reiterated the Commission's recommendation to existing structural percentages. Stoddard suggested pulling the family room back behind the average lakeshore setback and reducing the size of the garage. The applicant questioned a reduction in the amount of driveway, but Stoddard noted the effect would be on hardcover and not structure. I 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#6 - #2214 Richard Kozicky - Continued) The applicant asked for a recommendation regarding the driveway configuration. Gappa said he would assist the applicant with making that determination. Lindquist asked the applicant to work with Staff regarding changes to the proposal from the input given at the meeting. M.s. Kozicky said she understood the Commission to recommend less structure as being more desirable than less hardcover. Commissioners agreed. McMillan suggested tradeoffs be considered. Smith moved, Berg seconded, to table Application #2214 to the April meeting. Vote: Ayes 5, Nays 0. (#2) 7:30 P.M. - #2212 SIDNEY AND BARBARA REBERS, 2080/2190 WAYZATA BLVD. - PRELIMINARY SUBDIVISION, CLASS III - 7:42-8:57 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Gafffon reported that the application is a request to convert Outlot E, Sugar Woods, to buildable lot status to enable development of the property for commercial use. Outlots E and F were created when Sugar Woods was platted. The intention was to eliminate the need to detail the development of the primarily commercially zoned property until a future date. Outlot E is zoned B-1 (see rezoning. Agenda Item #3). The 1987 Comprehensive Plan Amendment No. 2 included the future development of a frontage road between Brown Road and Willow Drive, paralleling Highway 12, to eliminate direct access to Hwy 12. Outlots E and F in the 1989 plat of Sugar Woods need to be converted for this to occur. The Sugar Woods plat conformed to the comprehensive plan by the creation of Outlot D, a short segment of the future east/west frontage road corridor. This only provides a corridor from the west boundary of Sugar Woods to the northwest corner of Outlot F. Outlot F would continue the corridor when developed. Outlot C of East Willow Woods was then created providing a corridor connecting the west side of Sugar Woods westward to Willow Drive. The corridor was platted and the City has an easement over it. The issue of converting the subject property to buildable status relates to the access issue and is identified as follows: 1) Should Outlot E be allowed to develop with its only access directly to Highway 12? I t MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 - ^2212 Sidney and Barbara Rebers - Continued) 2) How do the 1995-96 safety improvements to Hwy 12 impact access to Outlet E? Is a shared access with adjacent Wear property necessaiy? Stoddard was informed that there would be no effect on the Wear property's pump access as there is a third access. However, this does not solve the access issue for the east boundary property as it would require making U-turns which is not deemed desirable by the City. 3) Will the expected future relocation of Hwy 12 in the next 5-10 years effectively reduce the amount of traffic on existing Hwy 12 to eliminate the need for a frontage road? 4) If the traffic levels are not reduced, should the conversion of Outlot E to buildable status be the trigger for construction of the frontage road? Gaffron cited the potential traffic volume impacts of the Highway 12 relocation. It was noted that Mn/DOT projects through traffic will use the new bypass and the traffic on the current corridor will decline. The current Hwji’ 12 traffic through Long Lake is 23,000 cars per day. Under the "no build" option, the traffic would increase to 25,000 by 2015 with a three-fold increase on CoRd 6. Under the "Alternate 6 North" plan, Hwy 12 traffic is expected to decline to 14,600 cars by the year 2015. This traffic level is still significant considering a daily traffic volume above 10,000 cars generally requires a limited access 4- lane roadway with service roads. Hwy 12 is projected to remain two lanes only. The Hwy 12 safety improvement plans included medians and turn lanes which preclude direct access to the applicant’s parcel by eastbound traffic unless through the easterly Orono Shopping Center access. The City feels it would not be appropriate to allow Outlot E's traffic to use that access An anticipated future curb cut for Outlot E would be a right-in/right-out access and would necessitate U-tums for eastbound traffic which the City deems inappropriate. Gaffron said the City does not believe modifications will be made to the median in the future to provide eastbound ingress/egress directly to Outlot E. Gaffron reported that the City's preference for a frontage road would reduce/eliminate direct access to Hwy 12 and bring the traffic to a semaphored intersection at either Brown Road or Willow Drive. The preliminary plat of Sugar Woods was conditioned on the frontage road being fully installed at the time of either the applicant's development of the commercial corridor or as a result of other conditions requiring the installation of the road prior to the development of the commercial corridor. The conditions of the Sugar Woods plat approval resolution indicate that installation of a road segment in Outlot D must be concurrent with development of Outlot E. - *-*l T’ t • • ••■•'A .’-,7' MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#2 - #2212 Sidney and Barbara Rebers - Continued) Gaffron indicated that the City was granted road and utility easements over the East Willow Woods and Sugar Woods frontage road segments when platted but ownership of the outlots remains with the respective developers. The specific conditions of the easements allowing the City the right to build the road within Outlots C and D are limited. The Otten easement states that no road shall be constructed until the following occurs: 1) The owner of Outlot C, East Willow Woods, requests it to be built; or 2) Until an east/west frontage road is constructed from Willow Drive to Brown Road with southerly extensions from Sugar Woods to Hwy 12 and another lining up with Brimhall Lane; or 3) Upon rezoning of the two residential properties north of East Willow Woods to commercial; or 4) Upon development of Otten’s easterly parcel as a separate entity from the currently developed westerly parcel, unless the City determines that no access is required for the easterly parcel. A right-in access currently exists from Willow Drive to the Otten property. Gaffron further explained the limitations of the City's Sugar Woods easement in relation to occurrences on the outlots. The development over Outlot E allows the construction of a 150* segment of frontage road adjacent to Outlot E. The easement over Otten s Outlot C precludes the segment of road until the entire frontage road is built from Brown to Willow. Gaffron questioned whether a 150 ’ segment of frontage road would be desirable. The access impact on business development of Outlot E will likely determine how the buildings will be oriented. As a result, the developer will need to know whether or not the frontage road will occur. If that is unknown, the buildings would likely be oriented to the south. It was noted that since a semaphore currently exists at Willow, it would be appropriate from a traffic flow standpoint to develop the service road westward from Outlot E to Willow Drive prior to the development on Outlot E to eliminate the U-tum problem. Gaffron indicated that additional items to consider include a trail corridor. The existing sidewalk pathway on the north side of Hwy 12 is not the trail that was envisioned for the area. To maintain 60 ’ of roadway to allow a trail to be constructed would require an additional triangle of right-of-way to be platted at this time with road/utility/drainage easements granted. Gaffron noted the City Engineer has requested drainage and utility easements be granted over Outlot D since this did not occur when Outlot D was platted. 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#2 - #2212 Sidney and Barbara Rebers - Continued) Gaffron informed the Planning Commissioners that Staff recommends approval of the conversion of Outlot E to buildable lot status under conditions 1-5 as noted in the Staff memo. The applicant's representative, Steve Pflam related the history behind the subject property as it relates to development of Sugar Woods and Highway 12. He indicated that the service road has been opposed to by the property owners. This opposition is indicated by the number of conditions placed upon the outlots and their future development. Pflam indicated the property owner, Mr. Sid Rebers, has a potential buyer of the property who would like to maintain the existing access. Rebers does not want to pay for the frontage road. Pflam said Rebers believes he has legal access to Hwy 12 which would not preclude the City from building the service ’oad or eliminating access to either. Pfla-n said the issue is one of restricting property by the placement of conditions relating to a li outage road. He also believes the property owner should not be assessed for the frontage road as it would be a public road connecting to other public roads. Pflam believes the purpose for the frontage road is eliminated by the relocation of Hwy 12. Pflam does not believe the lot status should be tied to the frontage road. Pflam said the issue of the median can be addressed by addressing the triangular piece of land owned by Mn/DOT and allowing access from Brimhall Lane to Hwy 12. Lindquist inquired about the curb cut from Hwy 12 into the property. Gaffron said the Hwy 12 improvement plan notes the 1979 curb cut but does not define the location of the curb cut. Mr. Rebers said the original curb cut included a cut to Outlot F, originally for access to a residential property owned by Hazel Meyers and was moved to Outlot E. He indicated there is still a curb cut to Brown Road but an increase to the size of the holding pond would restrict the curb cut. Rebers said he had planted a buffer of trees between the residential and commercial areas, and the frontage road would be forced to run along the yards of the homes in Sugar Wood,,. He reported having had many offers to purchase the property but has waited to sell until receiving an offer from a compatible use like the bank to protect the sensitivity of the area. Rebers noted the service road by the Otten property nearly touches Dickey Lane to the north. Rebers indicated the highway department has said no more improvements would occur on Brown Road in regards to a stoplight and indicated U-turns are legal if no postings are made. Rebers said he does not wish access to enter his property from the Wear property. During public r omments, Cliff Otten indicated he did not want a service road. He noted the service road was considered due to the future development of Hwy 12. He had requested the road be placed to the rear of his property but he feels this was a mistake as he subsequently lost 30 ’ to the Hwy 12 safety improvements. Otten said he does not believe the need for the service road exists any longer. I i 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17,1997 (#2 - #2212 Sidney and Barbara Rebers - Continued) Pflam asked the City to wait for development of Outlot F to occur. He noted the ideal use of that property would be a single office building which is being considered. He said access for such a building could come from Brown Road with a cul-de-sac to the building. The easement would still exist if a future need was determined. Council Member Flint questioned where the trail would be placed if the road was not built. Otten did not see the need for the trail with the existing sidewalk. Flint reiterated the sidewalk was a temporary solution and did not have the required trail width. Pflam was of the opinion that the trail could be built by Hwy 12. Stoddard asked what the City’s intention was for building the frontage road. Gaffron said the Comprehensive Plan called for the road as a parallel corridor to Hwy 12 in response to the increasing traffic load and to eliminate direct access onto Hwy 12. Gaflfron said the traffic will continue to increase forcing U-tums to occur which is not desired by the City. He noted the existing problems with access on and off Hwy 12. Gaffiron said it may be reasonable to construct the frontage road from Willow Drive to the outlot noting there will be financial and easement limitations. McMillan inquired if the applicant envisioned two accesses to Outlot F from Hwy 12 and Brown Road. Pflam said both accesses were possibilities and two separate legal accesses exist, one at 2160 Wayzata Blvd and one along Hwy 12. Lindquist read a letter into the minutes from the City Engineer indicating the need for roadway and utility easements. The City Engineer noted the existing plans for the east- west frontage road and indicated development should be tied into the plans. Rebers said he is concerned with the location of a service road near the residential lots and impacts on safety. Smith inquired if there was the ability to make additional changes to Hwy 12 as it exists today for a front access. Gaffron said no. He indicated the lack of a defined road corridor through Outlot F leaves the possibility to develop where desired and attempt to attract the type of buyers that would benefit the property. Gaffron said it is Mn/DOTs intention to create a right-in, right-out access for Outlot E with no changes to the medians or a service road. The question is whether development of Outlot E should occur prior to the service road being built. McMillan questioned whether there was a possibility for a spur road aligning with Brimhall Lane to Hwy 12 without a left turn lane. Gaffron said the road was widened at that point which would allow the possibility of a left turn lane. McMillan was of the opinion that this would be a good alternative. She would like the service road to be platted in case use intensifies in the future. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#2 - #2212 Sidney and Barbara Rebers - Continued) Berg asked the size of Outlet F and its intended use. Rebers said the property was 6.6 acres. When questioned whether he would focus on a use that would generate low traffic, Rebers said he envisions an additional perimeter buffer to save trees and impose a building setback larger than the 30' setback allowed. His intent is not to maximize the use of the land. Stoddard was informed of the number of U-tum areas along Hwy 12. The Planmng Commission discussed the number of options relating to right-in, right-out access, U-tums, access from Brown Road, and triggers for future development. Gaffion inquir^ if the development of Outlot E should be the trigger as noted in the conditions of Sugar Woods or if the Commission was satisfied with Outlot F being the trigger. Stoddard moved, McMillan seconded, to approve Application #2212 with approval for a right-in, right-out curb cut subject to applicant being required to pay for any future road or bike trail on the north side of said lot. Lot 1 would be subject to utility and drainage easements continuing along Outlot D and subject to any future development between Willow Drive and Brown Road along the Hwy 12 corridor. The applicant would be bound by the City's requirements for road access. The right-in, right-out access would be eliminated when the frontage road is built. McMillan questioned whether the motion was too restrictive and if the option of aligning with Brimhall could be reviewed to allow for total crossing of Hwy 12, which would benefit safety. Stoddard did not recommend amending the motion but said applicant could discuss the possibility with Mn/DOT. Pflam said the applicant was negotiating with Mn/DOT regarding the pond and could consider the Brimhall option. Cliff Otten said he would offer his support of the Brimhall option. Smith inquired if a shared curb cut could occur with a bank and the Wear property. Gaffron said Wear would have to be consulted, and there were possible safety concerns. Vote: Ayes 5, Nays 0. (#3) 7:45 P.IV1. - #2224 CITY OF ORONO, 2080/2160/2190 WAYZATA BLVD. REZONING - 8:58-9:00 P.M. The Affidavit of Publication and Certificate of Mailing were noted. -I-* -- MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#3 - #2224 City of Orono - Continued) Gaffron reported that the application is a City-initiated "housekeeping" rezoning of a 55' strip of land that is still zoned RR-IB, 2 acre residential, as a result of the creation of Sugar Woods in 1988. The Sugar Woods residential development was rezoned at that time from 2 acre single family to 1 acre single family. The southern boundary of the Sugar Woods residential did not abut the B-1 . Staff is recommending rezoning of the majority of this strip to B-1 and a portion in the Sugar Woods residential buffer area converted to R- L 1 acre zoning. Outlot D is to be zoned I acre residential, with Outlot E (the Wear property) and Outlot F to B-1. McMillan questioned whether this rezoning would affect the issue previously discussed in the Reber application (agenda item #2) or the proposed frontage road. Gafifon informed her that tWs rezoning was to incorporate some pieces of land into the intended residential and commercial zones. There were no public comments. Berg moved, Lindquist seconded, to approve Application #2224. Stoddard inquired if Mr. Wear was notified of this rezoning. Gaffron said he had spoken with Wear, who had no problem with the proposed rezoning. It was no surprise to him as it had previously been discussed. Vote; Ayes 5, Nays 0. (The meeting was recessed until 9:10 p.m.) ACTION ITEMS (#4) #2209 SPRING HILL GOLF CLUB, 700 SPRING HILL ROAD - VARIANCES/CONDITIONAL USE PERMITS - CONTINUATION OF PUBLIC HEARING 9:10-9:45 P.M. The Applicant was present. Gaffron reported that the Spring Hill Golf Club application was presented at the February meeting and was continued to this meeting. The application includes variances for an oversized accessory structure for the maintenance facility exceeding the allowed footprint, the filling and grading of wetlands, and bluff impact for the old gravel pit area where intensive vegetation will be cleared including 1-1/2 acres of trees. The CUP is for grading of the site in excess of 100 cubic yards and for the golf course use as a permitted use in the RR-IB Zoning District. - ar-^i-w MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#4 - #2209 Spring Hill Golf Club - Continued) The EAW process is underway at this time. The EAW was distributed on March 10. The 30 day comment period ends April 9. The EAW document was sent to approximately 20 State, local, and federal agencies for review and comment. The February 18 meeting did not involve any specific details of th' application. The issues of the variances were included in a Staff memo dated Mart \ 18. Additional information has been gathered involving review of the site, architectural plans, wetland review, review of grading and mitigation, overlay of the bluff plan, the Park Commission meeting minutes relating to the trail, issues presented by the applicant, DNR comments involving impact on the Big Woods, a letter relating to ground water study, and a letter from the City Engineer. Due to the complexity of the application, Gaffron asked if the Commission wanted to review the application at this time or continue the application to allow for review of the materials recently received to allow each member a better understanding of all the issues involved. Tom Crosby, attorney for the golf club, introduced Tim Johnson, Jack Morrison and Marshal Braman. He suggested a number of changes to the application in response to expressed concerns. There will be additional screening of the maintenance facility. Significant trees will remain in the bluff area and will be mitigated through 3 tees. The driveway will be constructed in a clearing of trees that presently exists on the property. Crosby said he did not feel there were substantial issues relating to the wetlands. Lindquist suggested the application be continued to a special Planning Commission meeting reserved for this application only to be held on a date tentatively scheduled for March 31, 1997 at 6:00 p.m. on site. The meeting would then continue in the Council chambers. All interested parties listed in the application and on record as attending meetings regarding the application will be notified. An alternate date was set for April 10. During public comments, Tim Stoker reported his property is adjacent to the golf course, opposite the third hole on the east end. He questioned what thought has been given to the use of the aquifer and what affect it will have on the wells in the area that are adjacent to the club. The aquifer was noted to run northwest to southeast. Gaffron said the issue was briefly addressed in the EAW and would require an appropriations permit. Marshal Braman said the well was already in place and was surficial in that it was only 80 deep in relation to other area wells that were found to be muc . deeper. The well is a 10 well. Braman said the well was tested at 750 gallons per minute with a 10' draw down, which he felt was insignificant. Braman said he did not believe the well would be an issue as it is in a sandy formation. There will be a 4" well for domestic use at the maintenance facility. r MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17.1997 (#4 - #2209 Spring Hill Golf Club - Continued) Chuck Plante said the EAW document noted the well to be 178'. Braman said that the well is drilled down to that depth but was finished ofif at 80'. Gaffron recommended the City Engineer review the issue. Stoddard inquired what the use would be of the well. Braman said it would pump 500- 600 gallons per minute to the irrigation pump and would come out of the pond at a higher rate. The reservoir would fluctuate with higher use in the evenings. It is unknown how often it will run; but Braman said during the first year of use for developing plant growth, it was expected to run 70-80% of the time. Dick Krueger, Willow Brook Drive, voiced concerns with the thoroughness of the EAW. He noted the response of the DNR regarding the Big Woods and concluded that they did not know where the golf course was going to be placed in relation to the Big Woods. He said he contacted the DNR, who he said were surprised by the location of the course. Krueger smd he was concerned that Schoell and Madson did not bring the issue to the attention of the DNR. Lindquist informed Krueger that such concerns were why the application process was going at a slow pace. Krueger said he contacted the Audubon Cooperative Sanctuary of which he is a member. He was informed that the sanctuary was not linked to golf courses. Krueger said the sanctuary is not part of the National Audubon Society. McMillan informed Krueger that the New York chapter of the Audubon Society, and not the national organization, set up the sanctuary program in order to minimize problems regarding pest control, water control, and impact on wildlife by assisting golf courses to become more environmentally fnendly. She said the sanctuary was a conservative bent of the Audubon Society, which has changed over the years from a bird watching organization to one concerned with environmental issues. Krueger said he did not believe the Audubon Society would approve of the destruction of the Big Woods. Krueger expressed concern regarding wetlands adjacent to the property not being addressed in the review. He questioned what effect the club would have on these wetlands. He is concerned that a dam would decrease the amount of water in the wetlands on his property. He said it was not addressed in the EAW. McMillan said she also would like to see an analysis of that issue regarding the effects the club will have on neighboring properties. Braman said the drainage system study was a part of the evaluation. Lindquist asked for a simplification of the study at the continuation meeting. Braman said he or the hydrologist would supply that information. 4 1 -r -r: MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#4 - #2209 Spring Hill Golf Club - Continued) Krueger asked about the effect on the oak trees from the construction noting oak trees should not be impacted from mid-April to July due to the ease in spreading oak wilt. Crosby said this issue can be dealt with noting the number of oak trees was small and the majority of the trees are maple. Crosby also addressed the concern regarding the DNR's knowledge of the location of the Big Woods in terms of the project. The DNR did believe it ended at the Orono project. Crosby said they have treated both areas in Orono and Medina as being part of the Big Woods. Crosby said Braman had spoken with the DNR and gave them additional information dealing with the issue. Gaffron indicated the EAW included maps that related the location of the Big Woods and what impact the club would have on the Big Woods. Stoddard questioned whether there was any information in the EAW regarding any threat to endangered species. He inquired when the inspection of the property was made and any effects found. Braman said inspections were conducted in September, October, and November. He said he did not find spring blooming plants. He said the DNR informed him that the deer have eaten the plants du' 3 the lack of shrub canopy. Braman said the density of the trees was such that there was little under growth. Braman said the Big Woods does not house any endangered species. Braman said he looked at the overall value of the Big Woods as undisturbed land with wetlands as breaks. Braman said he does not anticipate any further field work. Krueger conunented that there were spring blooming plants found in the property. Smith moved, Berg seconded, to continue the application to the Planning Commission meeting of March 31. Vote: Ayes 5, Nays 0. (Items #5 and 6 follow Item #1 ) (#7) #2216 WINSTON AND BARBARA ADAMS, 3195 CASCO CIRCLE VARIANCE - PUBLIC HEARING 9:46-10:11 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present with contractor, Steve Boone. i r MINUTES OF THE ORONO PL.\NNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#7 - #2216 Winston and Barbara Adams - Continued) Van Zomeren reported that the application is for vai .ances to lot width, side yard setback, hardcover, structural coverage, and average lakeshore setback to remove the existing residence and construct a new residence. The property is located in the LR-IC Zoning District. The property meets the lot area standards. The lot width is 90' where 100’ is required. A 7.14% hardcover variance is requested in the 0-75' setback and a 18.58% variance in the 75-250' setback. The pool area, which includes the deck and patio, is 1507 s.f Since the pool is larger than 1000 s.f, a 30' side setback is required. The structural coverage is proposed to increase from 18.09% to 23.02%. Van Zomeren noted that the driveway encroaches into the 10’ side yard setback and must be located at least 5’ from the property line. The garage will include side facing doors. Van Zomeren indicated that the building inspector has recommended the removal of the boat house. She also noted that the applicant will maintain a 60’ strip of land, a fire lane, adjacent to this property which consists of a treed grassy area. Steve Boone showed the layout of the property and the proposed improvements. He indicated the house and garage are within the code requirements. Boone said the driveway will be corrected to the 5* distance from the property line. He noted the patio and deck area of the pool are what result in an encroachment. A hard, mechanically engineered maintenance cover will be installed over the pool resulting in no need for fencing. He indicated the neighbors have no problem with the location of the pool. Boone said he is willing to reconfigure the pool. Mr. Adams said the pool is required to treat his medical condition. He asked that his future maintenance of the fire lane be considered. Adams said the improvements will not change the existing grade of the property. McMillan inquired about the mechanical pool cover. Adams said the code does not require a fence. Lindquist asked if the applicant was willing to remove the boat house. Adams said he would be willing to do so. Lindquist asked that the hardcover be reduced to the 36% percentage now existing through a reduction in hardcover and structure. Lindquist informed the applicant that the 60' wide public property cannot be taken into consideration and informed the applicant that he is not required to maintain that property. f MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#7 - #2216 Winston and Barbara Adams - Continued) Adams expressed his concern with the limitations placed on the property in relation to the expense of the land itself. Lindquist explained the code in relation to lot size and structural coverage. Stoddard explained that when existing residences are tom down, the property is viewed as a vacant lot subject to zoning requirements. Adams said he was unable to accept the limitations placed on the property regarding allowable structure. There were no public comments. Lindquist moved. Smith seconded, to deny Application #2216. Vote; Ayes 5, Nays 0. (#8) #2217 JOHN TIMMESH, 1945 FAGERNESS POINT ROAD - VARIANCES PUBLIC HEARING 10:11-10:38 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported the property is located in the LR-IC Zoning District. The property is 0.39 acres and does not meet the 1/2 acre minimum. The applicant is proposing to add a 18'x31' storage addition to the existing garage. This proposal requires variances to hardcover, structural coverage, and rear yard. The structural coverage exists at 18.9% and would increase to 22.1% for a 7.15% variance. Van Zomeren noted that there are two separate parcels being considered and would require a combination for the credits shown to be given Van Zomeren said Staft'suggests the shed be removed. The shed currently encroaches into the side and rear yard. The pool exceeds the 1000 s.f. limitation but was installed prior to the 1986 requirement for a 30' side yard. Van Zomeren noted that the property files show that no permit was taken out for the porch addition and would affect the rear yard setback. Since the garage addition is for storage, no driveway is proposed. Van Zomeren indicated that a future driveway would impact the hardcover amounts on the property. She also voiced concerned that a future owner may want to add structure over the proposed storage area. Smith noted that the City has allowed garages to be built without driveways in the past. She indicated that there was still an increase in the lot coverage and hardcover and questioned what would preclude the storage area from being used as a garage in the ffiture. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17. 1997 (#8 - #2217 John Timmesh - Continued) The applicant, Mr. Timmesh. said the garage space was for parking his snowmobile, tractor, lawn equipment, and extra car, and would not be used on a daily basis for driving in and out. He would drive the extra car in and out when it was being stored. Timmesh said the design does not lend itself to a second story at this time. He indicated that a second story would not affect the lake views of any neighboring properties. He said he would agree to restrictions placed on him regarding limitations to what he can do but would not want such restrictions placed on future owners. Smith inquired whether the calculations included the removal of the shed. Van Zomeren indicated that they did not. Timmesh said the 83 s.f shed was used for storage of pool supplies. Van Zomeren noted the small percentage changes made by the removal of the shed. Timmesh was asked if he would consider combining the two parcels. Timmesh said he was concerned with the real estate taxes increasing as a result of the combination. The calculations require refiguring due to the parcels being separated. It was also difficult to calculate the percentages with and without the combination due to the road being located between the two parcels. Lindquist suggested the application be tabled to allow for recalculation. The Commissioners agreed that the hardcover and variance amounts need to be reduced and the shed removed even with the parcels being combined. The ramifications of combining the two parcels in terms of real estate taxes will be determined. Lindquist moved, Stoddard seconded, to table Application #2217. Vote; Ayes 5, Nays 0. (#9) #2219 PENNY SAIKl, 2874 CASCO POINT ROAD - VARIANCES - PUBLIC HEARING 10:38-10:47 P.M. The Affidavit of Publication and Certificate of Mailing were noted The Applicant was present. I i J MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#9 - #2219 Penny Saiki - Continued) Van Zomeren reported that the property is located in the LR-IC, 1/2 Acre Zoning District. The property is 0.337 acres, which is less than the required minimum. The location of the property and access was explained for the proposed relocation of the existing garage and reconfiguration of the driveway for two curb cuts to improve the ingress/egress. There will be a separation area between the house and garage. Van Zomeren said the 10' separation will need to be verified. The proposal meets structural coverage and hardcover requirements. The variance is to allow the garage to be located forward of the principal structure and less than 30' from the front property line. There is also a safety issue as a result of the curve in the roadway at the property location. Van Zomeren said Staff recommends approval of the two curb cuts. McMillan inquired about the location of the utility pole. There were no public comments. Smith suggested the garage be moved back somewhat. The applicant explained the problems which would occur by such a change. McMillan moved, Berg seconded, to approve Application #2219. Vote: Ayes 5, Nays 0. (#10) #2220 WILLIAM AND KAREN PETERS, 1950 CONCORDIA STREET - VARIANCE - PUBLIC HEARING 10:47-10:58 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the property is currently vacant, and the applicant is proposing construction of a new residence, which will require a variance to the average lakeshore setback by the design of the proposed deck. The property is located in the LR-IC, 1/2 acre zoning district. The proposal meets the lot area and yard standards. A height variance will be required to the 30' standard. The lot is unusual in that it has one front yard and two side yards. As a result, any change to the proposed garage location would affect the yard along Concordia Street which is a front yard for adjacent properties and is not recommended. The parking pad proposed at 20' is necessary for safety reasons. kari rhfii III ....... II -.-A'. ■ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#10 - #2220 William and Karen Peters - Continued) Peters said the angle of the home was developed to fit in with the lot. He is requesting the deck in order to enjoy views of the lake. The proposed residence is set back as far as possible without disturbing the parking pad area. Peters said he is also attempting to save a large basswood tree by maintaining a 10' separation. He said while the average lakeshore setback will be encroached, it will have no affect on his neighbor's lake views. He verified the need for a height variance of 1'4" to allow the observatory. He indicated he reduced the height from 32'5" to 3 1’4" by changing the floor trusses and roof pitch. During public comments, 'ohn Timmesh reported that he ^Yas the neighboring property whose site line would be considered and voiced approval of the proposed construction. McMillan moved, Berg seconded, to recommend approval of Application #2220 for average lakeshore setback and height variances to construct a new residence on the vacant lot. Vote: Ayes 5, Nays 0. (#11) #2221 SVEN A. WASBERG AND ARLENE DECANDIA, 3115 NORTH SHORE DRIVE - VARIANCES - PUBLIC HEARING lu:58-ll:12 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the property is located in the LR-1B Zoning District requiring 1 acre, sewered, and 140' width. The property is substandard at 0.439 acres in area and at ^ oiM ..*^41. If* o rociiittnn in tViA AntiTA lot hp.ino Withinan 80' width. The property is adjacent to a lagoon resulting in the entire lot being within the 0-75' lakeshore setback. The unusual lot also affects the average lakeshore setback. In addition to lot area and lot width variances, the location results in the need for hardcover, average lakeshore setback, and side yard setback variances. A conditional use permit may also be required for excavation and fill in the 75' setback area. Van Zomeren indicated the flood plain protection elevation calls for 932.5'. The applicant stated that the proposal will decrease the existing hardcover. He indicated he also owns the property next door to the subject property across the lagoon. Wasberg said he would reduce the size of the driveway and patio areas. The new residence will be smaller in size than the existing residence and within the same footprint. The garage will be built on existing hardcover. The design of the new residence was displayed. During public comments, the neighbor to the east strongly objected to a 2-story residence. She said the current home is a single-story rambler and any deviation from that design would affect her views. tfT MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#11- #2221 Sven Wasberg and Arlene DeCandia - Continued) Lindquist reported that since the 2-story design was within the regulations of the code, the Planning Commission had no authority to require a single story structure. McMillan asked if the new residence could be pulled back behind the 75 setback line. The location of the lagoon and driveway would not allow this to occur. It was determined that the proposed location is the only possible location for a home on this particular lot. Detailed grading and elevations will be required to determine the need for a conditional use permit for excavating or filling in a flood plain area. Lindquist moved. McMillan seconded, to table Application #2221. Vote- Ayes 5, Nays 0. (#12) #2223 LAKE MINNETONKA BIG ISLAND VETERAN'S CAMP - CONDITIONAL USE PERMIT - PUBLIC HEARING 11:12-11:16 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present Van Zomeren reported that the property is zoned Recreational Seasonal. The overnight camp is requesting an amendment to the CUP to allow a cabin to be relocated from the north side to the south side of the property. The approval will include the cabin location, the floor plan improvement, and verification that the placement of the cabin is outside of the 0-75' setback. Stafl'recommended approval. McMillan moved. Smith seconded, to approve Application #2223 subject to the conditions that the applicant continue to meet all of the conditions of their permit and further, the applicant shall submit a certified survey of the area where the cabin will be relocated to verify that the cabin is not in the 0-75' setback area from the shoreline. Vote: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS (#13) REPORT BY PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS OF FEBRUARY 24,1997 AND MARCH 10, 1997 Smith reported that the access issue for Saga Hill is a continuing issue. Gaffron indicated that an application is being submitted regarding development of the Morgard property, northeast of the City park land parcels, which may afreet the access issue. The application will aiso involve rezoning and MUSA line issues. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#13 - Planning Commission Report - Continued) Smith presented information distributed by Park Commissioner White regarding urban sprawl in the western U.S. (#14) OTHER ISSUES FOR DISCUSSION An open house recognizing Jeanne Mabusth for her years of service to the City will be held on Friday, March 21, 1997 from 3:00-4:30 p.m. ADDITIONAL ITEMS (#15) PLANNING COMMISSION APPROVAL OF MINUTES OF THE FEBRUARY 18,1997 MEETING McMillan moved, Smith seconded, to approve the Minutes of the Planning Commission Meeting of February 18, 1997. Vote: Ayes 5, Nays 0. (#16) PLANNING COMMISSION TO SELECT REPRESENTATIVES TO ATTEND THE COUNCIL MEETINGS OF MARCH 24.1997 AND APRIL 14, 1997 Berg will attend the March 24 Council Meeting. Lindquist will attend the April 14 Council Meeting. ADJOURNMENT Berg moved, Lindquist seconded, to adjourn at 11:28 p.m. Vote. Ayes 5, Nays 0. Dale Lindquist, Chair Person '^^ceiveo APR CiTYop 7199? 0«OA/oApril 7,1997 TO: Mayors, Managers/Administrators FROM: Tom Egan, AMM President RE: NOMINATIONS FOR AMM OFFICERS AND BOARD DIRECTORS WANTED I. ANNUAL MEETING. THURSDAY EVENING, MAY 29,1997: If you have not done so already, please mark your calendars now for Thursday evening. May 29 for the 1997 AMM Annual Meeting. The meeting will kick off with a 5:30 p.m. social hour, a diimer at 6:30 p.m. and the business meeting to follow at 7:30 p.m. The meeting will be held at the Minneapolis Sheraton Metrodome Hotel in northeast Minneapolis. One of the nr ajor functions of the Annual Meeting will be to elect a President, Vice-President, and eight Board Directors. A detailed meeting notice and program agenda will be mailed in early May. II. NOMINATIONS FOR OFFICERS AND BOARD POSITIONS WANTED: As noted above, the offices of president, vice-president and eight board directors are up for election. Your input is needed in suggesting good candidates for vice-president and board directors. If you or if you know of a city official you would like to have considered for nomination, please foiward the name and a brief resume to the AMM office, attention Vern Peterson no later than Monday, April 22. continued... i4$UnhrmitifAvonKHQt hint Paul, ffinneota isi(^iq44 (6n) 115-4000 ftt iAi-1144 (I Members of the Nominating Committee: Joan Campbell, Chair, Pa :^ President and Minneapolis Councilmember Other Nominating Committee members are: Bev Aplikowski, Councilmember, Arden Hills Frank Boyles, Administrator, Prior Lake Michael Ericson, Administrator, Watertown Tom Goodwin, Councilmember, Apple Valley Jerry Splinter, Manager, Coon Rapids Joy Tierney, Mayor, Plymouth Sherry Timmerman, Councilmember, Oakdale III. BOARD OF DIRECTORS DUTIES/RESPONSIBILITIES: The Board normally meets once a month on the second Thursday commencing at 7:00 p.m. The Board approves the annual budget and work program; establishes annual dues rate; establishes program and legislative policy priorities; appoints members of legislative policy committees; nominates the 10 city elected officials on the Transportation Advisory Board (TAB); appoints 8 city staff members to the Technical Advisory Committee (TAC) and is responsible for the overall management and direction of AMM staff. Due to the two-term board limitation, there will be some new Board Directors elected. Nominations are solicited for both elective and administrative city officials from throughout the entire metropolitan area and especially from cities under 10,000 population. IV. REMINDER: INNOVATIVE PROJECTS AND PEACEMAKER AWARDS We would like to remind you to send in your entries for the 1997 AMM Innovative City and Peacemaker Awards competition. Information packets were mailed 10 days ago. All entries must be postmarked no later the Friday, May 9. The winners will be honored at the Amiual Meeting on May 29, 1997. If you have any questions, contact Cheryl at 215-4000. Attached is a listing of current boardmembers and officers. Please contact Vem Peterson in the AMM office (215-4000) should you want more information concerning these matters. DISTRIBUTION NOTE: This bulletin has been mailed to mayors and manager/administrators only. Please share this information with your councilmembers and other staff members as you see appropriate. Thank you. •r 1 - jr ki *vr w 3- Current AMM Officers/Board members A. Boardmembers whose terms expire in May of 1997 Officers: Tom Egan (1), President, Mayor, Eagan Jim Prosser, Vice-President, Manager, Richfield Joan Campbell (1), Past President, Councilmember, Minneapolis Directors: Jack Denzer (2), Mayor, Cottage Grove Susan Hoyt (2), Administrator, Falcon Heights Bill Iluepenbecker, Dir. of Intergovernmental Relations, St. Paul Nancy Jorgenson, Mayor, Fridley Aim Lenezewski, Councilmember, Bloomington Janice Rettman (3), Councilmember, St. Paul Pat Scott, Councilmember, Minneapolis Donn Wiski, Councilmember, Roseville (1) Upon election of a new president, the immediate past president remains on the Board and the current past-president leaves the board. (2) Have completed two two-year terms and not eligible to be re-nominated as a Board Director. (3) Elected Ramsey County Commissioner-not eligible to be re-elected. B. Board Directors whose terms expire in May of 1998: Frank Boyles, Manager, Prior Lake Lynn Moratzka, Councilmember, Hastings Gerald Otten, Councilmember, New Hope Mark Sather, Manager, White Bear Lake Terry Schneider, Councilmember, Minnetonka Charlotte Shover, Councilmember, Burnsville Bill Thompson, Councilmember, Coon Rapids John Weaver, Councilmember, Anoka , L WEST SUBURBAN MEDIATION CENTER 1011 First Street South, Suite 200, Hopkins, MN 55343 (612)933-0005 Fax: (612)933-6046 April 7, 1997 Mayor and City Council City of Orono PO Box 66 Crystal Bay, MN 55323-0066 Dear Mayor and City Council First quarter report, 1997, on closed cases for residents, businesses and city staff of Orono: 1. Juvenile vandalism. Operation de Novo referral, mediated with signed agreement Our last year’s Annual Report will soon be ready for distribution Sincerely, Susan A. Nelson Executive Director received 8 1997 CITY OF ORONO PERMITS ISSUED/FEES COLLECTED REPORT NBR. BPRMTISS-1 DATE OF RUN 04/02/97 PERMIT ISSUED REPORT CITY OF ORONO PAGE: 1 REQUESTER: CAROLE PERMIT TYPE Building SGL FAMILY-NEW SF-ADD/REMODEL SF-ACC STRUCTURE DEMO/PRINCIPAL COMMERCIAL-NEW COM-ADD/REMODEL DEMO DEMO-ACCESSORY Sub-total Mechanical HEATING SYSTEMS AIR CONDITIONING FIREPLACE VENTILATION GAS LINE INSPECT DUCT WORK ONLY REMOVE OIL TANK Sub-total Plumbing FIXTURES SPRINKLER WATER METER UNDEFINED Sub-total Sewer & Water SEWER CONNECTION NEW SEPTIC SYSTE SAC ONLY SEWER & WATER Sub-total Sign PER./FREE STANDG TEMPORARY Sub-total Fire FIRE SPRINKLER Sub-total User Defined LAND ALTERATION TREE REMOVAL DOCKS LAWN SPRINKLER Sub-total Grand-total 33 1 22 2 7 2 1 68^ 47 2 3 0 52* 0 0 1 1 2* 0 2 2* 1 1* 1 0 0 0 1* 175** -- CURRENT RANGE - 01/01/97 - 03/31/97 -- PREVIOUS RANGE - 01/01/96 - 03/31/96 QTY BASE FEE VALUATION PLAN REVIEW QTY BASE FEB VALUATION PLAN REVIEW 6 13,411.00 2,239,725.46 8,717.14 9 20,189.00 3,357,469.00 13,122.83 37 14,528.25 1,533,487.50 7,341.59 41 13,356.25 1,267,685.00 7,270.57 1 287.25 20,000.00 186.71 1 439.75 35,000.00 285.84 1 50.00 0.00 0.00 2 130.00 0.00 0.00 1 .887.25 100,000.00 576.71 0 0.00 0.00 0.00 1 124.75 6,500.00 81.09 2 455.00 30,200.00 295.75 1 50.00 0.00 0.00 0 0.00 0.00 0.00 1 30.00 0.00 0.00 0 0.00 0.00 0.00 49*29,368.50*3,899,712.96*16,903.24*55*34,570.00*4,690,354.00*20,974.99 2,799.32 137.50 806.71 70.00 245.00 70.00 35.00 4,163.53* 3,518.14 161.69 632.99 0.00 4,312.82* 0.00 0.00 0.00 70.00 70.00* 0.00 60.00 60.00* 140.00 140.00* 75.00 0.00 0.00 0.00 75.00* 38,189.85** 211,659.88 11,000.00 40,082.55 2,200.00 2,900.00 3.000. 00 1.000. 00 271,842.43* 229,980.36 12,935.00 0.00 0.00 242,915.36* 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00* 11,200.00 11,200.00* 0.00 0.00 0.00 0.00 0.00* 4,425,670.75** 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00* 0.00 0.00* 0.00 0.00 0.00 0.00 0.00* 16,903.24** 22 4 14 4 1 3 0 48* 40 0 1 1 42* 2 5 1 0 8* 1 0 0 0* 4 1 1 1 7* JLOi. 1,814.32 222.40 585.00 140.00 35.00 142.31 0.00 2,939.03* 2,519.91 0.00 191.00 35.00 2,745.91* 70.00 500.00 900.00 0.00 1,470.00* 29.25 0.00 29.25* 0.00 0.00* 275.00 30.00 30.00 35.00 370.00*42,124.19** 140,574.82 17.792.00 31.300.00 3.680.00 400.00 7.225.00 0.00 200,971.82* 156,341.99 0.00 0.00 500.00 156,841.99* 0.00 0.00 0.00 0.00 0.00* 800.00 0.00 800.00* 0.00 0.00* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00* 0.00 0.00* 0.00 0.00 0.00 0.00 , 048, SS’fM** 20,974 REPORT NBR. BPEBRPT2-1 DATE OP RUN 04/02/97 ISSUED/FEES COLLIN ,,, . . CITY OF ORONO FROM 01/01/97 TO 03/31/97 BUILDING BASE PEE PLAN REVIEW SURCHARGE Lie. SEARCH PEE SAC INVESTIGATION DEPOSIT MAIL IN 29,368.50 16,903.24 1,951.36 0.00 950.00 0.00 0.00 ESCROW PERMIT TOTAL 0.00 49,173.10 REPORT NBR. BPEERPT2-1 DATE OP RUN 04/02/97 REPORT TOTAL BASE PEE PLAN REVIEW SURCHARGE Lie. SEARCH PEE SAC 38,189.85 16,903.24 2,222.08 0.00 INVESTIGATION DEPOSIT MAIL IN ESCROW PERMIT TOTAL 12,650.00 0.00 0.00 83.97 0.00 70,049.14 MECHANICAL PLUMBING SEWER k WATER 4,163.53 0.00 138.41 0.00 0.00 0.00 0.00 48.00 0.00 4,349.94 4,312.82 0.00 126.21 0.00 0.00 0.00 0.00 34.47 0.00 4,473.50 70.00 0.00 0.50 0.00 11,700.00 0.00 0.00 0.00 11,770.50 PERMIT FEE REPUkT CITY OF OROl^O FROM 01/01/97 TO 03/31/97 YEAR-TO-DME USER 75.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 75.00 PAGE: 1 REQUESTER: CAROLE SIGN 60.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 60.00 FIRE 140.00 0.00 5.60 0.00 0.00 0.00 0.00 1.50 0.00 147.10 PAGE: 2 REQUESTER: CAROLE y . . -KI .5 ZONING PERMITS ISSUBD/FEES COLLECTED YEAR-TO-DATE REPORT NBR. BPRMTISS-1 DATE OF RUN 04/02/97 PERMIT TYPE User Defined SUBDIVISION VARIANCE CUP SKETCH PLAN VARIANCE/CUP VACATKm REZCmiNG Sub-total Grand-total ***** permit ISSUED REPORT CITY OF ORONO PAGE: 1 REQUESTER: CAROLE 01/01/97 - RANGE . . . . . 03/31/97 01/01/96 - KiUMVje*- - - -- - ■ 03/31/96 QTY BASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION 3 2,245.00 0.00 0.00 4 3,145.00 0.00 14 3,130.00 0.00 0.00 10 1,950.00 0.00 6 1,550.00 0.00 0.00 7 1,900.00 0.00 1 250.00 0.00 0.00 2 500.00 0.00 0 0.00 0.00 0.00 1 75.00 0.00 0 0.00 0.00 0.00 2 300.00 0.00 2 0.00 0.00 0.00 0 0.00 0.00 26*7,175.00*0.00*0.00*26*7,870.00*0.00* 26**7,175.00^*0.00**0.00**26^*7,870.00**0.00** PLAN REVIEW 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OO^ 0.00^* REPORT NBR. BFEERPT2-1 DATE OF RUN 04/02/97 PERMIT FEE REPORT ♦♦♦♦♦ CITY OF ORONO FROM 01/01/97 TO 03/31/97 PAGE: 1 REQUESTER; CAROLE USER REPORT TOTAL BASE FEE 7,175.00 7,175.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 ESCROW 0.00 0.00 PERMIT TOTAL 7,175.00 7,175.00 1997 RECAP OF CONTRACT CITIES r.Spring Park January February March April June July August September October November December YTD Totals Plan Review 422.34 0.00 89.21 511.55 Inspections 135.00 165.00 270.00 570.00 Retainer 25.00 25.00 25.00 75.00 TOTAL 582.34 190.00 384.21 1,156.55 No. Plan Reviews 1 0 1 2 No. Inspections 9 11 18 38 Minnetonka Beach Plan Review 0.00 0.00 105.30 . 105.30 Inspections 45.00 180.00 210.00 435.00 Retainer 25.00 25.00 25.00 75.00 TOTAL 70.00 205.00 340.30 615.30 No. Plan Reviews 0 0 2 2 No. Inspections 3 12 14 29 395.00 otoo 0.00 0.00 0.00 0.00 0.00 0.00 TJ.OO A*V REPORT NBR. BPRMTISS-1 DATE OP RUN 04/02/97 PERMIT TYPE QTY Building SGL FAMILY-NEW SF-ADD/REMODEL SF-ACC STRUCTURE DEMO/PRINCIPAL COMMERCIAL-NEW COM-ADD/REMODEL DEMO Sub-total 4 13 1 0 1 0 1 20* Mechanical :ts issued /fees cqllbcted MARCH 1997 Grand-total ***** PERMIT ISSUED REPORT CITY OF ORONO *****PAGE: 1 REQUESTER: CAROLE -- CURRENT RANGE - 03/01/97 - 03/31/97 -- PREVIOUS RANGE - 03/01/96 - 03/31/96 BASE FEE VALUATION PLAN REVIEW 9,466.50 1,605,920.00 6,153.22 3,294.25 256,550.00 1,289.12 287.25 20,000.00 186.71 0.00 0.00 0.00 887.25 100.000.00 576.71 0.00 0.00 0.00 50.00 0.00 0.00 QTY 13,985.25*1,982,470.00^ 8,205.76* 3 13 1 1 0 1 0 19* BASE PEE VALUATION PLAN REVIEW 7,106.75 1,195,000.00 4,619.38 4,133.00 380,704.00 2,225.76 439.75 35,000.00 285.84 50.00 0.00 0.00 0.00 0.00 0.00 87.25 3,200.00 56.71 0.00 0.00 0.00 11,816.75*1,613,904.00* 16,326.10** 2,136,162.55**8,205.76**63**14,681.00** 1,708,611.99** 7.:h^.69^ HEATING SYSTEMS 8 711.37 55,709.00 0.00 9 462.79 34,373.ro 0.00 AIR CONDITIONING 1 137.50 11,000.00 0.00 3 116.15 9,292.00 0.00 FIREPLACE 8 269.04 16,523.55 0.00 5 190.00 10,800.00 0.00 VENTILATION 0 0.00 0.00 0.00 1 35.00 2,000.00 0.00 GAS LINE INSPECT 2 70.00 825.00 0.00 1 35.00 400.00 0.00 DUCT WORK ONLY 0 0.00 0.00 0.00 2 107.31 6,285.00 0.00 REMOVE OIL TANK 1 35.00 1,000.00 0.00 0 0.00 0.00 0.00 Sub-total 20*1,242.91*85,057.55*0.00*21*946.25*63,150.00*0.00* Plumbing _ .. FIXTURES 10 771.25 50,500.00 0.00 16 713.75 30,257.99 0.00 SPRINKLER 1 86.69 6,935.00 0.00 0 0.00 0.00 0.00 UNDEFINED 0 0.00 0.00 0.00 1 35.00 500.00 0.00 Sub-total 11*857.94*57,435.00*0.00*17*748.75*30,757.99*0.00* Sewer fc Hater SEWER CONNECTION 0 0.00 0.00 0.00 1 35.00 0.00 0.00 NEW SEPTIC SYSTE 0 0.00 0.00 0.00 1 100.00 0.00 0.00 SAC ONLY 0 0.00 0.00 0.00 1 900.00 0.00 0.00 SEWER & WATER 1 70.00 0.00 0.00 0 0.00 0.00 0.00 Sub-total 1*70.00*0.00*0.00*3*1,035.00*0.00*0.00* Sign PER./FREE STANDG 0 0.00 0.00 0.00 1 29.25 800.00 0.00 TEMPORARY 1 30.00 0.00 0.00 0 0.00 0.00 0.00 Sub-total 1*30.00*0.00*0.00*1*29.25*800.00*0.00* Fire . . FIRE sprin:'lbr 1 140.00 11,200.00 0.00 0 0.00 0.00 0.00 Sub-total 1*140.00*11,200.00*0.00*0*0.00*0.00*0.00* User Defined LAND ALTERATION 0 0.00 0.00 0.00 1 75.00 0.00 0.00 DOCKS 0 0.00 0.00 0.00 1 30.00 0.00 0.00 Sub-total 0*0.00*0.00*0.00*2*105.00*0.00*0.00* 7,187.69** ■| REPORT NBR. DATE OF RUN PEraHTS ISSUED/FEES COLLECTED BFEERPTl-l 04/02/97 BASE PEE PLAN REVIEW SURCHARGE Lie. SEARCH FEB SAC INVESTIGATION DEPOSIT MAIL IN ESCROW PERMIT TOTAL BUILDING 13.985.25 8,205.76 991.74 0.00 950.00 0.00 0.00 0.00 24,132.75 report NBR. BFBERPTl-1 DATE OF RUN 04/02/97 REPORT TOTAL BASE PEE 16,326.10 PLAN REVIEW 8,205.76 SURCHARGE 1,070.78 Lie. SEARCH FEE 0.00 SAC 950.00 INVESTIGATION 0.00 DEPOSIT 0.00 NAIL IN 25.48 ESCROW 0.00 PERMIT TOTAL 26,578.12 ***** MECHANICAL 1,242.91 0.00 43.12 0.00 0.00 0.00 0.00 15.00 0.00 1,301.03 PERMIT FEE REPORT ***** CITY OF ORONO FROM 03/01/97 TO 03/31/97 PLUMBING SEWER & WATER 857.94 0.00 29.82 0.00 0.00 0.00 0.00 8.98 0.00 896.74 70.00 0.00 0.50 0.00 0.00 0.00 0.00 0.00 70.50 ***** PERMIT FEE REPORT ***** CITY OF ORONO PROM 03/01/97 TO 03/31/97 MARCH 1997 USER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SIGN 30.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30.00 PAGE: 26 REQUESTER: CAROLE 140.00 0.00 5.60 0.00 0.00 0.00 0.00 1.50 0.00 147.10 PAGE: 27 REQUESTER: CAROLE A 1 PAGE 1 HBD, APR 2, 1997, 8:21 AM PERMITS ISSUED FOR THE MONTH OF PERMIT WORK ADDR NBR STREET MARCH 1997 ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATION 01 2114 SUGARNOOD DR 01 125 TRUFFULA TR 01 3190 SUSSEX RD 01 2525 THOROUGHBRED LA 09 3535 CHRISTINE DR 11 2454 CASCO POINT RD 11 4225 FOREST LAKE DR 11 2178 SHADYHOOD RD 11 1865 CONCORDIA ST 16 1449 SHORELINE DR 79 1449 SHORELINE CR 2t 1090 COX FARM *?;• i4 332S CRYSTAL BAY RD 24 480 STUBBS BAY RD N 24 2745 CASCO POINT RD 29 659 MINNETONKA HGLD 29 3339 CRYSTAL BAY RD 29 405 WILLOW DR S 29 2184 SHADYWOOD RD 29 2165 COLIN DR 20C 20C FI 29 2485 NORTH SHORE DR 1C 1C MB 01 2755 ^OtTjrTRYSIDE DR W 01 2695 C ?>rfRYSIDE DR W 01 2920 ZAJCO POINT RD 01 2795 CASCO POINT RD 01 1250 WOODHILL AVE 01 555 FERNDALE RD N •01 2920 CASCO POINT RD •01 2650 COUNTRYSIDE DR W 01 1005 OLD LONG LAKE RD 01 1000 COX FARM RD 01 2795 CASCO POINT RD 02 2811 CASCO POINT RD 02 1115 WYNDMERE RD 02 1550 6TH AVE N 02 1355 SHORELINE OR 07 3465 SHORELINE DR 24 507 FERNDALE RD N 29 1690 CONCORDIA ST 29 3115 SUSSEX RD 29 3705 NORTH SHORE DR 20C 20C PL 01 2650 COUNTRYSIDE DR 01 28C5 SOMERSET LA 01 1355 SHORELINE DR 06 1449 SHORELINE DR 24 2454 CASCO POINT RD 29 900 WILLOW DR N 29 1101 FERNDALE RD W 97/03/05 97/03/05 97/03/18 97/03/27 97/03/12 97/03/20 97/03/25 97/03/26 97/03/27 97/03/17 97/03/24 97/03/10 97/03/11 97/03/11 97/03/28 97/03/07 97/03/13 97/03/04 97/03/10 97/03/11 OR-008736 OR-008766 OR-008825 OR-008842 OR-008815 OR-008832 OR-008840 OR-008841 OR-008843 OR-008818 OR'008834 OR-008800 OR-008810 OR-008811 OR-008836 OR-0087V OR-008801 OR-008804 OR-008807 OR-008812 00000000 14277983 14759515 17805756 19332255 00000000 15935325 14719065 15935325 14419506 18726500 15360277 00000000 14414788 00000000 00000000 14458524 14751160 14749046 00000000 RKO HOMEBUILDERS INC A St T DEVELOPMENT LEGRAN HOMES INC CUSTOM POOLS INC ALLSTAR CONSTRUCTION INC INCLINE ENTERRISES ALLSTAR CONSTRUCTION INC SOFT TOUCH DEMOLITION CARLSON-LAVINE INC LEINTZ JOE R WILLIAM MATTSON CONSTRUCTI KLINGELHUTZ NEIL CONST INC TAYLOR KATHERINE KNOWLTON TOM COMPANY RYAN ROBERTS ANDERSON ANDERSON TWIDWELL 9.7/03/17 OR-008817 865844 83 SENTRY FIRE PROTECTION 97/03/03 97/03/03 97/03/05 97/03/05 97/03/06 97/03/07 97/03/11 97/03/17 97/03/17 97/03/17 97/03/24 97/C3/17 97/03/19 97/03/20 97/03/20 97/03/17 97/03/07 97/03/27 97/03/28 97/03/28 OR-008798 OR-008799 OR-008802 OR-008803 OR-008805 OR-008808 OR-008813 OR-008816 OR-008819 OR-008822 OR-008838 OR-008821 OR-008829 OR-008830 OR-008831 OR-008820 OR-008809 OR-008847 OR-008848 OR-008849 97/03/18 OR- 97/03/24 OR- 97/03/24 OR- 97/03/27 OR- 97/03/20 OR- 97/03/17 OR- 97/03/17 OR- 008827 008837 008839 008846 008833 008823 008824 00000000 00000000 35463777 35463777 34259656 36332561 34791600 35463777 34753309 34282826 39296767 34748366 37846100 34212419 34212419 34748366 35378491 35453797 34282826 35350194 24432921 29332521 27735740 24242646 00000000 24735349 BUILDERS EXPRESS BUILDERS EXPRESS FIREPLACE SHOWROOM FIRESIDE CORNER COUNTRYSIDE HTG A/C BUILDERS EXPRESS RESIDENTIAL HEATING & AC PRACTICAL SYSTEMS VOGT FRED St CO ABEL/B St C INC SUBURBA.I AIR COtTOITIONING KALMES MECHANICAL INC KALMES MECHANICAL INC ABEL/B St C INC SUPERIOR CONTR INC FIREPLACE CENTER PRACTICAL SYS12MS DEAN'S TANK OIL SOUTHWEST METRO PLBG THOMP.'ON PLBG DINIUfj PLUMBING BREDAHL PLBG DAY HAROLD E t SON HURD NORSTEAD JACKSON ORDWAY JOHNSON SAJJADI RASKOB SULLWOLD 29381880 SURGE WATER JOHNSON ROBERTS WOLF LEBEDOFF 400.000. 00 220,920.00 335.000. 00 650.000. 00 20,000.00 2,000.00 22,750.00 2.500.00 6.400.00 .00 100.000. 00 KUNZ 58,000.00 STANTON 1,000.00 GAUSE 18,000.00 PETERSON 5,000.00 SPEETER 6,000.00 HOFER 52,500.00 PRIEDEMAN 63,000.00 HACKNEY 14,400.00 EARLING 5,000.00 LINDAHL 11,200.00 BIDEN 3,000.00 EIDEN 2,000.00 PICHELMAN 2,000.00 HURD 1,000.00 WELSH 3,323.55 2,200.00 PICHELMAN 11,000.00 2,000.00 RISTAD 3,979.00 WHITEIS 12,000.00 4.000. 00 17,680.00 6,200.00 5.250.00 5.000. 00 1.600.00 1.000. 00 585.00 1,000.00 13,000.00 15.500.00 6,935.00 12.700.00 500.00 500.00 800.00 It*!' f 1 MED, APR 2, 1997, 8:21 AM PERMITS ISSUED FOR THE MONTH OP PAGE 2 MARCH 1997 PERMIT WOR'^ADDR NBR STREET ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATION PL 29 2184 SHADYWOOD RD 97/03/21 OR-008835 24725920 OLSON LARRY HACKNEY 3,500.00 29 2420 OLD BEACH RD 97/03/27 OR-008844 25334357 PLYMOUTH PLUMBING ROHMANN 500.00 29 1340 VINE PL 97/03/27 OR-008845 29337200 CULLIGAN CHERBA 500.00 lie 29 lie 2375 DEVIN LA 97/03/28 OR-008850 24792097 NIEMAN PLBG & HTG INC CARDDENUTO 3,000.00 SI 1C 13 1C 3340 SHORELINE DR 97/03/18 OR-008826 00000000 OSULI/VAN .00 SH 01 2114 SUGARWOOD DR 97/03/11 OR-OOPn4 54270109 PERKINS CONTRACTING 00 i 1C 54C 2,136,162.55* 9999 01 Residence 24 .02 Addition 25 03 Garage/Attached 26 04 Garage/Detached 27 03 Porch 28 06 Deck 29 07 Fence 30 08 Gazebo 31 09 Pool 32 10 Re-side 33 11 Re-roof 34 12 Tennis Court 13 Sign 14 Dock 15 Shed 16 Demo-Principal Structure 17 Demo-Accessory Structure 18 Move 19 Commercial 20 Institutional 21 Storm Damage Repair ;.2 1-100 Cubic Yards 23 101 Cubic Yards or More 99 Undefined Replacing Existing Lifting Principal Residence Well Abandonment Foundation Only Temporary Trailer Renovate/Remodel Accessory Structure Stairway to Lake Retaining Wall Entrance Monuments Tree Removal LOCAL USE CODES Undefined s 4 i WED, APR 2, 1997, 8:20 AM NUMERICAL LISTING PAGE 1 MARCH 1997 PERhtIT NBR ISSUED CANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OWNER LAST NM VALUATION OR-008736 OR-008766 OR-OC8768 OR-008798 OR-008799 OR-008800 OR-008801 OR-008802 OR-008803 OR-008804 OR-008805 OR-008807 OR-008808 OR-008809 OR-008810 OR-008811 OR-008812 OR-008813 OR-008814 OR-008815 OR-008816 OR-008817 OR-008818 OR-008819 OR-008820 OR-008821 OR-008822 OR-008823 OR-008824 OR-008825 OR-008826 OR-008827 OR-008829 OR-008830 OR-008831 OR-008832 OR-008833 OR-008834 OR-008835 OR-008836 OR-008837 OR-008838 OR-008839 OR-008840 OR-008841 OR-008842 OR-008843 OR-008844 OR-008845 OR-008846 OR-008847 OR-008848 OR-008849 OR-U08850 54C 97/03/05 97/03/05 97/03/07 97/03/03 97/03/03 97/03/10 97/03/13 97/03/05 97/03/05 97/03/04 97/03/06 97/03/10 97/03/07 97/03/07 97/03/11 97/03/11 97/03/11 97/03/11 97/03/11 97/03/12 97/03/17 97/03/17 97/03/17 97/03/17 97/03/17 97/03/17 97/03/17 97/03/17 97/03/17 97/03/18 97/03/18 97/03/18 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CONST INC BUILDERS EXPRESS BUILDERS EXPRESS TAYLOR KATHERINE FIREPLACE SHOWROOM KNOWLTON TOM COMPANY FIRESIDE CORNER SUPERIOR CONTR INC CPEETER EIDEN EIDEN KUNZ HOFER PICHELMAN HURD PRIEDEMAN WELSH HACKNEY WILLIAM MATTSON CONSTRUCTI COUNTRYSIDE HTG A/C PERKINS CONTRACTING CUSTOM POOLS INC BUILDERS EXPRESS SENTRY FIRE PROTECTION SOFT TOUCH DEMOLITION RESIDENTIAL HEATING U AC ABEL/B £t C INC ABEL/B & C INC PRACTICAL SYSTEMS DAY HAROLD E & SON SURGE WATER A fit T DEVELOPMENT SAJJADI STANTON GAUSE EARLING PICHELMAN RYAN LINDAHL RISTAD NORSTEAD WHITEIS WOLF LEBEDOFF OSULLIVAN SOUTHWEST METRO PLBG SUBURBAN AIR CONDITIONING KALMES MECHANICAL INC KALMES MECHANICAL INC JACKSON ORDWAY JOHNSON ROBERTS ROBERTS CARLSON-LAVINE INC OLSON LARRY HACKNEY PETERSON THOMPSON PLBG VOGT FRED fit CO DINIUS PLUMBING ALLSTAR CONSTRUCTION INC INCLINE ENTERRISES LEGRAN HOMES INC ALLSTAR CONSTRUCTION INC PLYMOUTH PLUMBING CULLIGAN 3REDAHL PLBG FIREPLACE CENTER PRACTICAL SYSTEMS DEAN'S TANK OIL NIEMAN PLBG fit HTG INC HURD JOHNSON ANDERSON ANDERSON TWIDWELL ROHMANN CHERBA RASKOB SULLWOLD CARDDENUTO 400, 220, 6, 3, 2, 58, 52, 2, 1. 63, 3, 14, 2, 1, 1, 18, 5, 11, 20, 2, 11, 3, 5, 4, 12, 335, 13, 17, 6, 5, 2, 000.00 920.00 000.00 000.00 000.00 000.00 500.00 000.00 300.00 000.00 323.55 400.00 200.00 600.00 000.00 000.00 003.00 000.00 .00 000.00 000.00 200.00 .00 979.00 000.00 000.00 000.00 500.00 800.00 000.00 .00 000.00 680.00 200.00 250.00 i:'0, 3, 5, 15, 000 500 000 500 000 00 00 00 00 00 6, 22, 2, 650, 6, 12, 1, 1, 3, 500.00 240.00 935.00 750.00 500.00 000.00 400.00 500.00 500.00 700.00 000.00 585.00 000.00 000.00 ZONING PEFMTTS ISSUBD/FEES COLLECTED REPORT NBR. BPRMTISS-1 DATE OP RUN 04/02/97 r*T TP D c*Ta*r PERMIT ISSUED REPORT CITY OF ORONO O K vt.-» c -------- PRPvinnQ REQUESTER: RANHP ------------ PAGE: 1 CAROLE PERMIT TYPE QTY 03/01/97 - BASE FEE 03/31/97 VALUATION PLAN REVIEW • QTY 03/01/96 - BASE FEE IvAIsOEi — — — — — — — — — — — — 03/31/96 VALUATION PLAN REVIEW User Defined SUBDIVISION 1 220.00 0.00 0.00 3 2,595.00 0.00 0.00 VARIANCE 4 780.00 0.00 0.00 3 660.00 0.00 0.00 CUP 1 250.00 0.00 0.00 2 425.00 0.00 0.00 VACATION 0 0.00 0.00 0.00 1 0.00 0.00 0.00 Sub-total 6*1,250.00*0.00* 0.00*9*3,680.00*0.00*0.00* Grand-total 1,250.00**0.00**0.00**9**3,680.00**0.00**0.00** 1 REPORT NBR. BFBBRPT2-1 DATE OP RUN 04/02/97 ***** PERMIT FEE REPORT ***** CITY OP ORONO FROM 03/01/97 TO 03/31/97 PAGE: 1 REQUESTER: CAROLE USER REPORT TOTAL BASE FEB 1,250.00 -..250.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH FEB 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 ESCROW 0.00 0.00 PERMIT TOTAL 1,250.00 1,250.00 The Brimeyer Group, Inc EXECUTIVE SEARCH TK OONSULT1NC 904 Main Street, Suite 205 Hopkins, MN 55343 voice: (612) 9^-0246 fax: (612) 945-0102 e-maiI:brimgroup@aol.com web: http://members.aol. com/brimgroup 0) H Spring Issue April 1997 Vol. 5, Issue 2 The Board/Executive Relationship By James Brimeyer—President This is the final article in our series based on the book Boards Vu?t Make A Differ ence by John Carver. Premous Brim Reports have presented Carver's new vision for governing boards, utilizing policy as a leadership tool, and focusing on results by clarifying the organization's mission. No single relationship in the organiza tion is as important as that between the Board and the Chief Executive Officer (CEO). Probably no other single rela tionship is as easily misconstrued or has such dire potential consequences. Alternately, this is also the relationship that can set the stage for effective gover nance and management. A powerfully designed CEO position is a key to Board excellence by enabling the Board to avoid the intricacies and short term focus of staff management and tc work exclusively on the holistic long term focus of governing. The CEO, by definition, is the top individual through whom all upward accountabil ity flows. Being accountable to the full Board for organizational performance is a distinct characteristic of the CEO function. However, the relationship between the CEO and any individual Board member is collegial, not hierar- chial. The CEO is accountable only to the full Board and as no Board member has authority individually, the CEO and Board members are equals. The Chief Executive Officer is account able to the Board of Directors for: 1. Achievement of Ends policies 2. Non-violation of Executive Limitations policies Executive Limitations px)licies need to be defined by the Board either in the CEO's job description or as part of the performance evciluation p>rocess. The Board is responsible for monitoring all executive performance. This is effectively done as the information provided to the Board is analyzed and the Board's opinion is usually reported to the staff in the form of a performance evaluation. To do a credible job of judging performance, the Board needs to have pre-established the criteria against which to monitor performance. Such criteria will not only save a good deal of Board and staff time, but it is the only fair way to judge the level of expected performance. Ultimately, organization performance and CEO performance are one and the same, and monitoring either organizational or executive performance must be a con tinual process. The Board and the CEO constitute a leadership team. Their contributions are separable, but once clearly differenti ated, the two roles can be supportive and respectful of each other. TTw Board has the right to expect quality perfor mance, honesty, and straightforward ness from its CEO. Boards can at times be lenient in judging performance, but should never bend on the issue of integrity. The CEO can expect the Board to speak with one voice, clearly define the criteria to be met, and to get its own job done. Brimeyer to Speak at League of MN Cities Annual Conference jim Brimeyer will join Steve Perkins and Don Frederick in presenting "How to Build and Maintain a (3ood Relationship With Staff" at 10:45 a.m. on Wednesday, June 11. The coitference will be held in St. Cloud, MN at the Civic Center. The conference theme is "MN Cities: Places We Call Home." . iRK* . JOILIU .•-TttA'T The Brimeyer Group, Inc. EXEOnTVZSEAJtCH TBCOONSULTONC 904 Main Street, Suite 205 Hopkins, MN 55343 (612) 945-0246 AXX_> Board/Executive RelationshipsOJd c Jtyof ORONQ f I =S0^[[y Route: Mayor and City Council City of Orono Box 66 Crystal Bay, MN 55323 4 1997 Colleagues File in notebook The Brimeyer Group Assignments Recenl/CurrenI: • Council Administrator— City of Red Wing • Director of General Services/Deputy City Manager—City of Mankato • Executive Director— Metropolitan Library Service Agency •Management Study — City of Kalamazoo, MI • Village Manager— Bryant Neighborhood, Minneapolis, MN Representative Searches: • Markcti ng Manager— BWBR, Architects •City Administrator— City of Storm Lake, IA •County Administrator— St. Louis County, MN • County Economic Development Director— Becker County, MN • City Manager-City of Benson, MN • General Manager of Municipal Utilities— City of Elk River, MN •City Administrator— City of Northfield, MN • City Manager—City of Mankato, MN •City Engineer/Director of Public Works— City of Marshall, MN •Executive Director— League of MN Cities Strategic Planning Process Proven Effective TBG Consulting, a specialized division of The Brimeyer Group, has an impres sive list of successes recently in assisting organizations in their Strategic Planning process. By applying the step» of their planning model in meetings with dty management and council members, TBG was able to 'ssist Centerville, MN identify major growth issues while retaining the small town environment they determined to be important to their community. Using the model, Owatonna, MN was able to validate its mission statement as well as identify issues that will maintain Owatonna's position as a regional center. Robbinsdale, MN ujxlated its existing plan and develop>ed a revised list of issues needing current attention. The model will next be used to assist the Bank of Elk River assess their strate gic position in the banking industry. "VVe have demonstrated the model is valid," said Jim Brimeyer, President. "A good facilitator Ceui assist any organiza tion through this process to determine the direction it wants to take in the future." The initial Strategic Planning session usually takes 12 to 16 hours and can be conducted in full or half-day sessions. Subsequent update sessions may be scheduled for a full or half day and are most beneficial every 18 to 24 months. During these meetings, the Strategic Planning model is used to identify internal environment strengths and weaknesses, and external environment opportunities and threats. This evalua tion identifies the strategic issues the organization should be addressing currently. In addition, the membm are asked to clearly express what the orga nization is intended to be in the future; to establish a Vision of Success. Until a mutual agreement can be reached of what the issues and Vision are for the organization, it is impossible to agree on current actions—or to accomplish long term goals. TBG, as an independent facilitator, provides the objectivity and the ye£tfs of experience to advance these discussions in a productive manner. They can assure a supportive environment to test ideas and blend the diverse backgrounds of everyone involved. They can suggest the optimum use of the talents present, assign responsibilities, and determine reasonable deadlines for completion. The Strategic Planning model will be described more fully in a futiue issue of The Brim Report. To obtain additional informa bon on TBG services, contact Jim Brimeyer at (612) 945-0246, by e-mail ac brimgroup@aol.com, or visit the TBG Home Page at http://members.aol.com/brimgroup A»ociation of Hetropolitan Hunicipalitici April 7,1997 TO: Mayors, Managers/Administrators FROM: Tom Egan, AMM President RE: I. II. NOMINATIONS FOR AMM OFFICERS AND BOARD DIRECTORS WANTED ANNUAL MEETING. THURSDAY EVENING, MAY 29,1997: If you have not done so already, please mark your calendars now for Thiusday evening. May 29 for the 1997 AMM Annual Meeting. The meeting will kick off with a 5:30 p.m. social hour, a dinner at 6:30 p.m. and the business meeting to follow at 7:30 p.m. The meeting will be held at the Minneapolis Sheraton Metrodome Hotel in northeast Minneapolis. One of the major functions of the Annual Meeting will be to elect a President, Vice-President, and eight Board Directors. A detailed meeting notice and program agenda wll be mailed in early May. NOMINATIONS FOR OFFICERS AND BOARD POSITIONS WANTED: As noted above, the offices of president, vice-president and eight board directors are up for election. Your input is needed in suggesting good candidates for vic*^-president and board directors. If you or if you know of a city official you would like to have considered for nomination, please forward the name and a brief resume to the AMM office, attention Vem Peterson no later than Monday, April 22. continued. (611)115-4000 htiMiff I Members of the Nominating Committee: Joan Campbell, Chair, Past President and Minneapolis Councilmember Other Nominating Committee members are: Bev Aplikowski, Councilmember, Arden Hills Frank Boyles, Administrator, Prior Lake Michael Ericson, Administrator, Watertown Tom Goodwin, Councilmember, Apple Valley Jerry Splinter, Manager, Coon Rapids Joy Tierney, Mayor, Plymouth Sherry Timmerman, Councilmember, Oakdale III. BOARD OF DIRECTORS DUTIES/RESPONSIBILITIES: The Board normally meets once a month on the second Thursday commencing at 7:00 p.m. The Board approves the annual budget and work program; establishes annual dues rate; establishes program and legislative policy priorities; appoints members of legislative policy committees; nominates the 10 city elected officials on the Transportation Advisory Board (TAB); appoints 8 city staff members to the Technical Advisory Committee (TAC) and is responsible for the overall management and direction of AMM staff. Due to the two-term board limitation, there will be some new Board Directors elected. Nominations are soliciti^d for both elective and administrative city officials from throughout the entire metropolitan area and especially from cities under 10,000 population. IV. REMINDER: INNOVATIVE PROJECTS AND PEACEMAKER AWARDS We would like to remind you to send in your entries for the 1997 AMM Innovative City and Peacemaker Awards competition. Information packets were mailed I'J days ago. All entries must be postmarked no later the Friday, May 9, The winners will be honored at the Annual Meeting on May 29,1997. It you l'.?ve any questions, contact Cheryl at 215-4000. Attached is a listing of current boardmembers and officers. Please contact Vem Peterson in the AMM office (215-4000) should you want more information concerning these matters. DISTRIBUTION NOTE: This bulletin has been mailed to mayors and manager/administrators only. Please share this information with your counciImembers and other staff members as you see appropriate. Thank you. ^Hl| l|*MM H»il win.----------------- t Current AMM Officers/Boardmemhers A. Boardmembers whose terms expire in May of 1997 Officers: Tom Egan (1), President, Mayor, Eagan Jim Prosser, Vice-President, Manager, Richfield Joan Campbell (1), Past President, Councilmember, Minneapolis Directors: Jack Denzer (2), Mayor, Cottage Grove Susan Hoyt (2), Administrator, Falcon Heights Bill Huepen^ker, Dir. of Intergovernmental Relations, St. Paul Nancy Jorgenson, Mayor, Fridley Ann Lenezewski, Councilmember, Bloomington Janice Rettman (3), Councilmember, St. Paul Pat Scott, Councilmember, Minneapolis Donn Wiski, Councilmember, Roseville (1) Upon election of a new president, the immediate past president remains on the Board and the current past-president leaves the board. (2) Have completed two two-year terms and not eligible to be re-nominated as a Board Director. (3) Elected Ramsey County Commissioner-not eligible to be re-elected. B. Board Directors whose terms expire in May of 1998: Frank Boyles, Manager, Prior Lake Lynn Moratzka, Councilmember, Hastings Gerald Otten, Councilmember, New Hope Mark Sather, Manager, White Bear Lake Terry Schneider, Councilmember, Minnetonka Charlotte Shover, Councilmember, Burnsville Bill Thompson, Councilmember, Coon Rapids John Weaver, Councilmember, Anoka —:rrr • •