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05-12-1997 Council Packet
AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 12, 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 1 APPROVAL OF MINUTES * 2. Regular Meeting of April 28, 1997 * 3. 1997 Board of Review Meeting of April 23, 1997 PARK COMMISSION COMMENTS C-V6) I^PUNCIL KISTIN9 (Say 12 19^ '^ITYOFORON0 PLANNING COMMISSION COMMENTS - Dale Lindquist Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 4. #\A51 Alan G. Carlson/Kingsbridge Properties Inc., “^140 Watertown Road - Crystal Creek Final Plat - Resolution 5. ^2218 Jyland Development Inc., 1 185 Hunter Drive - Final Plat - Resolution 6. #2222 Joseph Vochko, 2925 Casco Point Road - Variance and Conditional Use Permit Resolution 1997 Joint Use Dock License - 3155/3185 North Shore Drive - Resolution 1406 Bohns Point Road - Resolution 8. Adult Use Moratorium - Ordinance ^ 9. Telecommunications Ordinance - Extend Moratorium 10. Spring Hill Golf Club, 700 Spring Hill Road - Variances and Conditional Use Permit MAYOR/COUNCIL REPORT ENGINEER REPORT ■^11. Approve Plans and Specifications and Advertise for Bids - Bay Ridge/Bracketts Point Sewer Project - Resolution 12. County Road 19/Tonkaview Drainage Situation CITY ADMINISTRATORREPORT 13. Partial Payment of Sjiieci:! Assessments - Ordinance Jt\A. Park Conunission Kea^.pa:iitments .,^5. Advertise for Bids - Old Crystal Bay Road Bike/Hike Trail 16. Telecommunications Tower and Antenna Regulations - Update 17. Off-Sale Liquor License - 12 Hi Liquor 18. Schedule a Meeting to Discuss Tax Increment Financing as a Tool to Assist Redevelopment 1 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 12, 1997, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY'S REPORT (♦19.)LICENSES (♦20.)BILLS ; LTCOMING ISSUES AND EVENTS 05/10 05/12 05/12 05/19 05/22 05/26 05/27 06/02 06/02 06/04 06/06 06/09 06/16 06/23 Orono Cleanup Day 8 a.m.-2 p.m. (construction debris only) Reconvened *97 Board of Review 6:30 p.m. Council meeting 7:(X) p.m. Planning Commission meeting 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. Park Commission Park Tour 6:(X) p.m. Park Commission meeting 7:15 p.m. Highway 12 Design Review Committee meeting 7:00 p.m. Mn/DOT Stormwater meeting 8:30-10:30 a.m. Council meeting 7:00 p.m. Planning Commission 7:00 p.m. Council meeting 7:00 p.m. C ouncil □ Planning Commission Park Commission Other Public A ttendance Meeting D ate C^LoOK^(L/ (— Ml a I T9 7 □ Please fill out the information REQUESTED BELOW FOR OUR CITY RECORDS. t NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER I 4.. 5.. 6. 7. 8.. 9. 10.. 11.. 12.. 13. 14. 15. 09139S.4 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 LwgriUi.r«ct:riNQ MAY 12 1997 CITY OF ORONO 7 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, Assistant Planning and Zoning Administrator Michael Gaffron, Planner/Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Glenn Cook and Recorder Lin Vee. Mayor Jabbour called the meeting to order at 7:00 p.m. (*#1) CONSENT AGENDA All items were removed from the Consent Agenda. Items #9, 10, 17 and 24 were added to the Consent Agenda. Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES (#2) REGULAR MEETING OF APRIL 14,1997 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of April 14,1997. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Park Commissioner David Beal thanked Council for approving the upgrade of Antoine Park. The Park Commission continues to study a tree policy/ordinance. He reminded Council that the annual Park Tour will be the first Monday of June. PLANNING COMMISSION COMMENTS Lili McMillan of the Planning Commission had no comments. PUBLIC COMMENTS John Bessesen, 4500 North Shore Drive, gave a surrunary of water damage his property has sustained as a result of surface water runoff due to development of the Tonkaview and Saga Hill areas. Prior to 1988 their property had no water damage. 5 new homes have been built in the Saga Hill area, one at a time, and none were required to do any on-site water retention. In 1995 a heavy rainstorm flooded and contaminated the Bessesen well. Since they live on County Road ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (Public Comments - Continued) 19, he has been working with Hennepin County (Tom Peterson, Marcel Koulas, Jim Grube) and they have met on site to look at the problem. John Gerhardson and Glerm Cook from Orono have also been to the site. All have agreed there is a problem. A contractor has estimated the water damage. Bessesen has filed claims with the City and County for the damage and to look at ways to correct the problem. Hennepin County has put in curbing and raised driveways. They were advised by the City and County that Allied Adjusters of the League of Minnesota Cities would not pay any claims unless a hydrologist completed a report. He hired Mattke Engineering, Inc. to review the situation. Findings indicated that the stormwater increase was due to new construction on Tonkaview. He distributed a written summary of the situation to Council. Kathy Sawicki, a neighbor at 4510 North Shore Drive, also reported over $17,000 worth of damage to her property. She noted that they continue to have water problems and the corrections that have been made were not av>{ ropriately engineered. They receive 11 cubic feet of runoff per second. She received a letter from staff recommending pavement overlay and does not feel this is a viable solution. She asked for Council's help and review of the situation. Jabbour directed staff to report on the situation with a proposal for a solution at a future Council meeting. ZONING ADMINISTRATOR'S REPORT (#3) Review of this application follows Item #13. (#4) #2205 ALLEN SCHEFERS, 2540 CASCO POINT ROAD - CONDITIONAL USE PERMIT - RESOLUTION #3886 The applicant was present. Van Zomeren reported that the applicant has constructed a new residence and has done some excavation work for a pond in an area that is considered floodway and flood fringe districts, as well as a wetland, which requires permits from the City and Watershed District. The applicant did receive a permit from the Minnehaha Creek Watershed District last fall but did not realize he also needed a conditional use permit from the City. The pond encroaches approximately 8' into the 100' right-of-way of Casco Point Road. Planning Commission recommended approval subject to the applicant grading slopes to 3:1, maintaining the pond in a way that does not impact the right-of-way and roadway, and landscaping the area around the pond with natural vegetation. Goetten asked if the Minnehaha Creek Watershed District informs their applicants of permits ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#4 #2205 - Schefers - Continued) required by the City. Van Zomeren was unsure, noting there have been problems in the past but there has been communication to resolve this issue. Goetten also asked if there is a double fee since it is an after-the-fact application. Van Zomeren confirmed that there is. Kelley moved, Peterson seconded, to adopt Resolution #3886 granting a conditional use permit to excavate in a wetland area to allow an existing wildlife pond to remain for the property located at 2540 Casco Point Road. Vote: Ayes 5, Nays 0. (#5) #2212 SIDNEY AND BARBARA REBERS. '2190’ WAYZATA BOULEVARD - PRELIMINARY PLAT APPROVAL The applicants were represented by Attorney Steve Pflam. Pflam requested that the item be tabled as there were some issues that were unclear. Goetten moved, Peterson seconded, to table Application #2212. Vote: Ayes 5, Nays 0. (#6) #2214 RICHARD KOZICKY, 2016 SHADYWOOD ROAD - VARIANCES - RESOLUTION #3887 Mr. Kozicky was in attendance. Van Zomeren noted the applicant has appeared twice before the Planning Coinmission who directed the applicant to reduce the need for variances. An average lakeshore setback variance has been eliminated. The current proposal is for a lakeside deck and porch addition and a garage/laundry area to the streetside of the residence. A side yard variance along the south property line is required because the 3' overhang encroaches into the 10' sideyard. Code allows a 1 Vi over hang but to be consistent with the rest of the house, the architect has proposed a 3' overhang. A hardcover variance in the 75-250' setback area is also required where 45.65% exists and 45.88% is proposed. A structural coverage variance is requested to allow 19.63% coverage rather than the allowed 15%. Goetten questioned what percentage of the hardcover could be attributed to the neighbor's driveway. Van Zomeren explained on the map where the property line was due to the size of the County's right-of-way for road alignment to the bridge. The portion of the driveway that provides access for the neighbor is on the County's property. J ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#6-#2214 - Kozicky - Continued) Kelley asked for clarification of the dimensions of the garage. The applicant responde d it was 24' wide and 38' in length, with the original proposal at 24' ,x 44'. Kelley noted this was an oversized garage in depth. Van Zomeren noted there is also a workshop area in the garage. The applicant added there is a mudroom/laundry area and new entry foyer taking up about 15' leaving the actual garage about 24' x 24'. The existing detached garage in the side yard will be removed. Jabbour moved, Flint seconded, to adopt Resolution #3887 granting variances to allow a lakeside deck/porch addition and a streetside garage/laundry room addition for the property located at 2016 Shady wood Road. Kelley asked that a condition be added to the resolution placing future owners on notice that additional variances may not be approved. Vote: Ayes 5, Nays 0. (#7) #2217 JOHN THIMMESH, 1945 EAGERNESS POINT ROAD - VARIANCE - RESOLUTION #3888 Mr. and Mrs. Thimmesh were present. Van Zomeren reviewed the application stating the application had been reviewed by Planning Commission at two meetings. The applicant has agreed to combine the two parcels. Planning Commission also recommended removal of the shed. Several variances are required including hardcover, structural coverage and a rear yard setback. The applicant is not proposing to add a driveway, however, staff has concerns about a future oxsTier wishing to do so adding more hardcover. Staff is also concerned about incremental additions for hardcover where a deck or patio gets added and then later applies to add a second story over the hardcover. The Planning Commission recommended approval of the variances to add an 18' x 31' storage area to the existing garage, and asked that the storage shed be removed. The applicant would like to see the shed remain for storage of pool supplies. Mr. Thimmesh noted the shed only takes up .36% of the structural coverage. He would like to keep the shed but could relocate it to meet the 10' setbacks. He added that the shed is fairly new; matches the house and there is a 6' fence around the house so it is not visible to the neighbors. Mrs. Thimmesh stated there would be no reason to add a second story over the garage. Kelley asked which way the water flows naturally from the lot. The applicant indicated it would go towards the lake. I1 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#7 - #2217 - Thimmesh - Continued) Kelley proposed that the addition conform to the rear setback reducing the addition by 3', that no garage door be allowed on the outside of the storage area with access through the existing garage thus eliminating the possibility of a future owner adding a driveway, and that the shed be removed. Goetten asked if there should be flirther language added to the resolution restricting a driveway. Van Zomeren responded that a driveway does not require a City permit and would therefore be difficult to enforce. Jabbour asked the applicant how he felt about not havmg an outside garage door. Mr. Thimmesh did not think it would look very good and he wants to be able to store snowmobiles, tractor, wagon, etc. in the addition and it would be difficult to get them in through an inside access. Mrs. Thimmesh added that they want to be able to store their "stuff' inside so that it is not an eyesore. They do not need a driveway to move things in and out occasionally. Kelley responded that they would plow an area to get the .snowmobiles in and out and it would look like a driveway from the street. Goetten asked if calculations were based on the combination of parcels. Van Zomeren confirmed that they were. Goetten expressed her appreciation that the applicants wish to get things stored inside but she had concerns over what fiiture owners may want to do. Jabbour agreed with Kelley on the setback and shed issues but questioned the elimination of an outside garage door. Kelley asked for clarification from staff about additional hardcover, such as a driveway, needing a variance. Van Zomeren responded that a homeowner could add a driveway without additional review by staff. Gaffron added that by adding a driveway they could be over the hardcover percentage allowed and technically need a variance. Kelley stated they could then be tagged. Gaffron responded that from a practical point, the City has not enforced such situations but when they come in for a building permit, the hardcover can be addressed. Peterson asked if the applicants felt strongly that they need the shed if the addition were approved. Mr. Thimmesh stated they would certainly like it to store pool supplies and deck furniture. Mrs. Thimmesh added that both the neighbors have garages in the same area. She ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#7 - #2217 - Thimmesh - Continued) noted that pool chemicals are locked and inaccessible to children in the shed which may not be the case in a garage. It is not on a slab so it is not a permanent structure. Jabbour asked how the applicant felt about reducing the addition by 3'. Mr. Thimmesh responded it would not look very good architecturally. Mrs. Thimmesh added that neighbors to the rear could see the proposed addition and she believes that it should be in line with the existing structure. The 1' setback on the front was designed to match the existing roofline. Goetten stated this was a large addition. She did not object to the outside garage door but would move the shed to conform to the setback. Flint would support the Planning Conunission recommendation which was approval with the removal of the shed. The applicant stated he would rather remove the shed than reduce the addition by 3'. Flint moved, Jabbour seconded, to follow the Planning Commission recommendation for this application. Vote: Ayes 2, Nays 3. Motion failed. Peterson, Kelley and Goetten opposed. Goetten moved, Jabbour seconded, to approve Application #2217 with addition to meet rear setback and moving the shed to meet setbacks. Vote: Ayes 2, Nays 3. Motion failed. Peterson, Kelley and Flint opposed. Kelley moved, Peterson seconded, to approve the application with the removal of the shed, the addition to conform to the rear setback and no outside garage door. Vote: Ayes 3, Nays 2. Goetten and Jabbour opposed. The applicant stated the addition is not useable without a garage door and will not be visually appealing. Goetten felt it was unfair to ask applicant to access the addition through the interior of the existing garage. Flint moved, Peterson seconded, to reconsider this application and refer back to Plaiming Commission. Vote: Ayes 4, Nays 1. Kelley opposed. L. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#7 - #2217 - Thimmesh - Continued) The applicant asked for Council direction. Council recommended no rear variance so the addition would be at 28', reduce the hardcover and a garage door would be allowed. Flint withdrew the motion to table. Flint moved, Jabbour seconded, to adopt Resolution No. 3888 per the Planning Commission recommendation with the exception that the rear setback is to be met allowing a 28' x 18' addition and removal of the existing shed for the property located at 1945 Fagemess Point Road. Vote: Ayes 3, Nays 2. Peterson and Kelley opposed. (#8) Review of this application follows review of Item #3. (*#9) #2225 JOHN THEOBALD, 4101 HIGHWOOD ROAD - RENEWAL VARIANCE RESOLUTION NO. 3889 Goetten moved, Kelley seconded, to adopt Resolution No. 3889 granting approval for street setback, side setback, lot area and width, and hardcover variances for construction of a new residence located at 4101 Highwood Road. Vote: Ayes 5, Nays 0. (*#10) #2226 JOHN AND SUSANNE KOOB, 3065 JAMESTOWN ROAD- CONDITIONAL USE PERMIT - RESOLUTION NO. 3890 Goetten moved, Kelley seconded, to adopt Resolution No. 3890 granting approval of a conditional use permit to permit construction of a berm on the property located at 3065 Jamestown Road. Vote: Ayes 5, nays 0. (#11) #2227 GARY TUCKER, 3466 IVY PLACE - VARIANCES - RESOLUTION NO. 3891 The applicant w?" present. Van Zomeren explained that the applicant is requesting a side yard variance along the north property line because the front stoop and entryway would encroach into the side yard, an average lakeshore setback to allow construction of a new deck, and a hardcover variance of 9.32%. Kelley asked for clarification of the hardship. Tucker responded that there is no cover for the front entry. The stairway protrudes into the existing deck and is therefore not useable with a table and chairs. 7 1 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#11- #2227 - Tucke* - Continued) Kelley asked how the water flows on this lot. Tucker explained the lot is level until it reaches the stairway where there is a bluff. Goetten was concerned about a 10% increase of hardcover and questioned the possibility of reducing the driveway. Tucker explained that almost all of the drive is used to access a three car garage. He added that the existing stoop is larger than the proposed stoop which will reduce hardcover. The lot is noted to be substandard in size. Kelley asked if there were any comments from neighbors. Van Zomeren responded that she had received no negative comments and the Neighbor's Acknowledgement forms were included in the packet indicating that they were aware of the proposed improvements. Kelley moved, Flint seconded, to approve Resolution No. 3891 granting approval for side yard setback, average lakeshore setback and hardcover variances to permit construction of a front entry stoop and deck for the property located at 3466 Ivy Place. Vote: Ayes 5, Nays 0. (#12) #2228 FRANK AND KATHLEEN ST. LAWRENCE, 253 CYGNET PLACE - VARIANCES - RESOLUTION No. 3892 Mr. and Mrs. St. Lawrence were present. Van Zomeren explained that the property is restricted by a 75' setback from a pond and waterway. Steep topography limits the building site. Side yard and front yard setback variances are required for an addition. A hardcover variance of .95% is also needed in the 75-250' setback. Kelley moved, Goetten seconded, to approve Resolution No. 3892 granting approval for side yard setback, front yard setback and hardcover variances to allow a garage stall addition for the property located at 253 Cygnet Place. Vote: Ayes 5, Nays 0. (#13) GEORGINE HACKNEY, 2184 SHADYWOOD ROAD - VARIANCE The applicant was present. Van Zomeren noted the applicant has indicated the possibility of needing another variance. The applicant explained there is an existing front porch which is proposed to be enlarged by 50 s.f. increasing hardcover from 25.3% to 25.9%. Jabbour moved, Goetten seconded, to table Application #2230 and refer it back to Planning Commission; Vote: Ayes 5, Nays 0. ' — 8 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#3) #2201 ADAMS/FIEGER/ROBB, 570/580/590 BIG ISLAND ~ PERMIT FOR PRIVATE IMPROVEMENTS IN RIGHT-OF-WAY - RESOLUTION NO. 3885 None of the applicants were present. Gaffron explained that three property owners on Big Island, who have adjoining properties separated by a dedicated right-of-way, propose to share a septic system. They initially requested vacation of the right-of-way because part of the replacement septic system was in the right-of- way. Planning Commission did not respond positively to the vacation so the applicants had the site evaluator redesign the sy^n'm The drainfield is now totally within one of the properties but they still need a permit to put ,:*ping in the right-of-way to connect all three projjerties to the septic system. Planning Commission recommended approval with conditions noted in the staff memo of April 23,1997. Kelley moved, Peterson seconded, to adopt Resolution No. 3885 granting a permit for placement of private sewer lines and a section of fence within the right-of-way dedicated within the plat of Pleasant View Lake Minnetonka on Big Island for the owners of property at 570, 580 and 590 Big Island. Vole: Ayes 5, nays 0. (#8) #2222 JOSEPH VOCHKO, 2925 CASCO POINT ROAD - CONDITIONAL USE PERMIT The applicant was not present. Goetten moved, Peterson seconded, to table Application #2222 until the applicant is present Ayes 5, nays 0. (#14) SPRING HILL GOLF CLUB, 700 SPRING HILL ROAD - EAW Gaffron explained that the EAW had been distributed and comments have been received. Council must take formal action on the need for an EIS by May 9, 1997. Council has two options: 1) postpone the decision on the need for an EIS for up to 30 days to obtain more information; or 2) make a positive declaration requiring that an EIS be prepared, or a negative that an EIS is not needed. If Council determines they have all the needed information, they can proceed with the decision on the need for an EIS. A formal documentation of the basis for Council's decision must be made, comparing the impact that may be reasonably expected to occur with the following criteria: ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#14 - Spring Hill Golf Club - Continued) 1. 2. 3. 4. The type, extent and reversibility of environmental effects; Cumulative potential effects of related or anticipated future projects; The extent to which the environmental effects can be mitigated by ongoing public regulatory authorities; and The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposed, or of ElS's previously prepared on similar projects. At this time. Council must decide if there is a need for an EIS and if they have enough information to make that decision. Staff will need to put together a document reflecting the basis of the decision after direction from Council. A meeting will then need to be held before May 9 to take formal action. Jabbour asked if staff felt the City had received all the information and responded to all comments. Gaffron replied that responses have been drafted for all comments and the draft responses have been included with the sta.T memo dated April 25, 1997. The City's environmental consultant. Northern Environmental, is also review ing these responses and should respond by Wednesday. Jabbour reviewed the process to this point. An EAW was ordered because of the conversion of more than 80 acres from agricultural use to another use, i.e. golf course. Several agencies have reviewed the EAW and provided their comments. Gaffron noted the main concern of most of the agencies is the Big Woods. The City has no codes which prohibit changes to the Big Woods, s uch as a tree preservation ordinance, nor does the State have any regulations to mitigate the Big Woods. Radio pointed out that the Minnesota Environmental Rights Act and Environmental Policy Act allow private citizens a legal avenue to challenge environmental action where there may be harm to the environment. Jabbour asked w'hat specific items still need to be identified. Gaffron responded that the DNR suggested an inventory of specific changes from what exists today, possibly a biological survey of individual species. i ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#14 - Spring Hill Golf Club - Continued) Bill Johnson, DNR Office of Planning Environmental Review Section, commented that while documenting losses with this proposal, it is also an opportunity to look at gains. Habitat may improve for some species and there may be opportunities for restoration of wetlands. At this point, the DNR does not feel there is enough detail provided. Jabbour asked what the applicant or the City could do, short of an EIS, to achieve the mutual goal.*: of the City and DNR. Johnson responded that in evaluating the information, they would look to see that what is proposed actually provides the best mix so that it maximizes what could be there for the habitat that remains. Crosby stated that he has talked with Johnson and felt that one of the elements the DNR was looking for was to set a baseline of what exists today which could be compared in 10-20 years to see ^^at effects have taken place. Jabbour asked if the applicants felt they were in a position to provide the DNR with the information they are requesting. Crosby responded that to get a total inventory, each of the four seasons would have to be inventoried. An inventory of this property would be similar to Wood Rill. Braman added that a one month period would be required to complete such an inventory. Jabbour stressed that Orono is very concerned about the Big Woods and currently doesn't have the tools to preserve the trees. Flint asked Braman if the one month process was just a baseline inventory or if it would include an evaluation of ways to cut down the impact on the Big Woods. Braman responded that it would be more of an inventory. If the golf course were constructed, approximately 21 acres of the Big Woods would be gone with its habitat. There are plans to plant additional trees but they will not replace the Big Woods and it will take 50 years to see the impact. Although large portions will be retained, there will be an overall loss of function. 60-120 trees will remain. Archaeologists have also been on site to identify historical issues. Jack noted that this inventory would not be a redesign of the golf course. He added that several iterations have already been reviewed trying to lessen the impact on the Big Woods and still maintain the integrity of the golf course. I 4 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#14 - Spring Hill Golf Club - Continued) Flint commented that an inventory doesn't achieve very much. There might be more value in spending time and money in looking at ways to mitigate the impact on the Big Woods. He specifically questioned the design of Hole #9 and the possibility of redesigning it to save a large portion of the Big Woods. Goetten asked if there was a possibility to look at another area to preser\^e part of the Big Woods such as Wolsfeld, Wood Rill or purchasing additional land. The applicant indicated that on the northern half across County Road 6, there were 6-10 acres that could be revegetated to redevelop into the Big Woods. These areas are currently pastured or grown with poplar trees. This would give a contiguous Big Woods around the perimeter of the property. Goetten expressed her appreciation for all that has been done to this point for the environment but she is still concerned about the loss of 50% of the Big Woods. She asked the applicants to look further as to what else could be done to have less harm to the environment. Dick Krueger, Willowbrook Drive, urged consideration of purchasing additional land. He noted there was open farmland in the area at the eastern tip of the golf course. Jabbour noted there would still be the issue of preserving the Big Woods as someone else could come in and develop the same area. Jack responded that they didn't know what property miglu be for sale nor is it in the applicant's budget, but they would consider these comments. He added that the chances of status quo remaining are very slim. Jabbour asked how much of the area could remain contiguous with the Big Woods, and if there is any occupied parcels containing the Big Woods which could be obtained. Gaffron was not aware of any such areas. Tim Wallace, 309 Benton Avenue, Wayzata, commented on experiences they have had with the Cenacle Woods in Wayzata. A group of Wayzata residents are concerned about saving the Big Woods as it is an important remnant. He noted that Wayzata has been working with an organization called the National Trust for Public Land and thought this organization may be helpful in a solution for preservation. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#14 - Spring Hill Golf Club - Continued) Goetten responded that there is no specific development for the Cenacle Woods being proposed while there is for the Big Woods. Jabbour noted that Orono has no ordinances to prevent the golf course from becoming a reality. This is only being discussed at this time to decide if an EIS is necessary. Johnson noted that an inventory would be the first step for analysis of the impact. Changes could be looked at to see if there are ways to reduce changes or if other measures are available to compensate for these changes. An EIS is a vehicle for conducting this process. Flint commented that the EIS process could take a year or more and that Council has an option to extend their decision for 30 days from May 9 by defining specific items that are needed and can be provided within the 30 days. Kelley asked how many acres are in Wood Rill. Gaffron thought about 150 acres, about 200 acres in Wolsfeld and 43 acres in the Big Woods with 16 acres in Orono and the remainder in Medina. Kelley stated he was not in favor of the EIS. He thought some of the DNR issues could be solved through the CUP process. He added that Orono has been fortunate to have two citizens give large parcels of land to the City that are remnants of the Big Woods. He noted the current owner still has options for what he can do with the property if the golf course is not approved. Braman responded to the question about consolidating fairways. Through the reiterations they have reviewed, safety zones between the fairways have also been a consideration. They are currently at the lowest recommended limits of the Golf Association. Goetten felt as much mitigation should be done as possible before the CUP process as the City is responsible for the project. She thought another month to get more information would be appropriate. Braman noted the proposed tree moving is an issue. The survival rate is less as the trees bud out, It was added that the trees could still be moved until the end of May. Jack commented that another month would be acceptable to the applicants if the City needed additional time to make a decision, but it would be difficult to wait a full year. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#14 - Spring Hill Golf Club - Continued) Crosby questioned if an inventory of the Big Woods gets them any further than the current information they have. Johnson stated the County Biological Survey shows plant assemblage which is not a comprehensive examination of plants and animals. Crosby agreed that plant and animal studies could be done on an inventory but he did not want to see "tree counting". Johnson added that the DNR is looking at the entire area, not just the Big Woods. Jabbour asked why the State has not been more pro-active in acquiring this parcel if it is such an important natural resource. Chuck Plant, a business owner in Orono, commented that timing is causing high tension levels. He would recommend that if Council is uncomfortable about making a decision at this time, they should wait until next year. They would then be prepared to make the best decision for all of Orono. Kelley agreed with having an inventory but he questioned how much of that information was needed before a decision about an EIS could be made. Goetten felt Council should have more information. Krueger commented that the DNR wants more information, and the City should consider their advice. Jabbour stated it was important to address the needs of the DNR in the best way while still dealing with the applicants and concerns of others. He felt an additional 30 days was necessary. Flint agreed, indicating it would be better to have an additional 30 days for study rather than to recommend an EIS at this time. Kelley asked if Council knew exactly what information is still to be collected. Jabbour stated the City should work closely with the DNR to identify exactly what is needed in the next 30 days. At that point, a decision could be made if the City has answered the concerns of the DNR. The City is more interested in mitigating and preserv ing than inventorying and cataloging. Kelley asked if Council was satisfied that all the other agencies concerns have been answered. Jabbour felt they had, other than the DNR. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#14 - Spring Hill Golf Club - Continued) Jabbour asked if Councilmembers were looking favorably on a CUP as a Planning Commission recommendation so the applicant does not proceed with the expense of this project unnecessarily. Flint stated he would want to see the data and possible mitigation before making a decision. Goetten agreed with Flint and felt the process was moving along as expected. Peterson agreed with Flint. Crosby suggested a work session in two weeks rather than waiting 30 days. Hopefully in that time Braman could work out with the DNR the specific information they are looking for. Jack asked what Council wants the applicant to do. Jabbour responded that Council wants to be sure the DNR has the information they need so an EIS is not required. Flint agreed that the DNR should be satisfied but the City should also be satisfied that every effort has been made to mitigate the impact on the Big Woods. Kelley asked if the DNR should tell the City that they do not want an EIS. Jabbour thought that the DNR should respond with their position. Flint reiterated that the design on the 9lh hole could save a large portion of the Big Woods. Braman responded that an earlier design had it closer to the property line. A wetland separates the Big Woods from the non-Big Woods along the north end. One of the neighbors in Medina in that area vehemently objected to the golf hole being so close to his house. As a result, the 9th hole was redesigned. Jabbour asked if the DNR ever gets enough infomiation so that they would not need an EIS. Jolinson responded that they often get enough information through the environmental document, however, sometimes they do find that an EIS would better address the natural resource concerns. Tom Volkman, DNR, added that they don't recommend an EIS very often. The 30 day period adds some time for study. The City does not have to use the full 30 days. Volkman also thought it would be beneficial to have more DNR people on site with the consultants, project proposers and City staff. Jabbour asked if Council had the commitment of the DNR to assist in gathering the information still needed. The DNR agreed to committing their resources. Kelley moved, Goetten seconded, to approve the 30 day extension from May 9,1997 to June 9, 1997 postponing the decision on the need for an EIS so that more information can be obtained. Ayes 5, nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 MAYOR/COUNCIL REPORT (#15) PLANNING COMMISSION REAPPOINTMENTS Kelley moved, Peterson seconded, to reappoint Dale Lindquist and Janice Berg to three year terms on the Planning Commission expiring on March 31,2000. (#16) PARK COMMISSION APPOINTMENTS Jabbour commented that Mr. Erickson's point of view regarding organized sports would add to the Park Commission. Flint agreed. Jabbour moved, Peterson seconded, to appoint Van Douglas Erickson to a three year term on the Park Commission expiring on December 31, 1999. Ayes 5, nays 0. Peterson moved, Kelley seconded, to appoint Peter Welles to a three year term on the Park Commission expiring on December 31, 1999. Ayes 5, nays 0. Jabbour suggested the City Administrator send letters of appreciation to all applicants for the Park Commission. Kelley moved, Goetten seconded, to appoint Susan Wilson as Chair of the Park Commission. Ayes 5, nays 0. Flint moved, Peterson seconded, to appoint Andrew McDermott as Vice Chair of the Park Commission. Ayes 5, nays 0. Jabbour noted the policy of the Council is to rotate the positions of Chair and Vice Chair. ENGINEER REPORT (#17) PAY REQUEST #4, LIFT STATION #28 REHABILITATION Goetten moved, Kelley seconded, to approve Ford Construction Company, Request for Payment #4 in the amount of $3,760.06, for installation of the emergency monitoring system dialer in Lift Station #28. Ayes 5, nays 0. Kelley asked for clarification of the situation on the Bessesen and Sawicki properties. Cook responded that they had been working with Kathleen Ash to get an easement but she was not in agreement. Staff will have further discussions with her. A pond in the area may be a solution. Council urged resolve of this issue in a timely manner. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 CITY ADMINISTRATOR’S REPORT (#18) REQUEST FOR CLARIFICATION OF COUNCIL ACTION ON FOX HOLLOW PLAT - JAMES BRUCE Moorse explained that this situation is a result of the plat that was approved approximately two years ago. An existing cottage on Lot 2 was allowed to remain as an accessory structure to the principal structure that would be constructed at some time in the future. Although this was discussed in numerous memos and at meetings, there was no specific action taken by the Planning Commission on this item. Mr. Bruce read the staff reports and resolution and understood that the cottage would be allowed to remain with completion of covenants stating the cottage would not be used as a separate dwelling unit. The applicant is seeking clarification of Council's intent when approving the plat that the cottage could remain as an accessory st ucture. At that time, Council was dealing with similar situations by stating that if there was no kitchen, the structure could remain but would not be useable as a principal structure. Since that time, removal of additional plumbing has also been discussed. Kelley asked if this type of accessory structure is allowed in this zoning district if it meets setback requirements. Moorse thought this structure met the required setbacks. If that was the case, Kelley would approve the structure as long as plumbing and the kitchen was removed. Goetten disagreed because at the time of the original approval, she thought just the removal of the kitchen was required. Since that time Council has added removal of plumbing in similar situations. Bruce commented that there were no negative comments throughout the approval process and he was unaware this would even be an issue when applied for a permit. Jabbour asked if Bruce would be agreeable to removing the plumbing. Bruce responded that he would not, since only the kitchen was to be removed at the time of the original approval. Jabbour asked how connection to the sewer would be achieved. Bruce responded that this accessory structure would be part of the new principal structure and would not require a separate sewer connection. i ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#18 - Fox Hollow Plat - James Bruce - Continued) Kelley moved, Goetten seconded, to allow the cottage to remain as an accessory structure with the kitchen to be removed and the plumbing and heating to remain, and the cottage does not have to be attached to the new principal structure. It was made clear that this approval was based on the Council's general thinking about accessory structures at the time the Fox Hollow Subdivision was approved, and did not reflect the Council ’s current policy regarding accessory structures. Ayes 4, nays 0,1 abstain. Peterson abstained because she was not a Council member at the time of the original approval. (#19) KENNEL APPLICATION, 2695 CASCO POINT ROAD Moorse noted that staff is recommending denial of the kennel license. Peterson questioned how Council could deny this application. Moorse responded that there have been denials of kennel licenses in the past. Kelley asked for clarification of the definition of a "dangerous dog". He did not agree that killing a cat makes the dog dangerous. Moorse commented that there have been numerous complaints of this owner's dogs running at large. The City has just found out that the owner has four dogs. Jabbour moved, Goetten seconded, to approve the kennel license for John Redmond at 2695 Casco Point Road with the condition that if there are additional violations of animal regulations that the license may be revoked. Ayes 5, nays 0. (#20) LORD FLETCHER'S REQUEST TO USE MUNICIPAL PARKING LOT Moorse explained that Lord Fletcher's is requesting to use the public parking lot for another year. Fletcher's has made significant improvements to the parking area. Lord Fletcher's will communicate with the local merchants regarding parking needs. Jabbour moved, Kelley seconded, to authorize Lord Fletcher's to use the public parking lot in Navarre with the conditions that Lord Fletcher's will complete the painting/striping of parking spaces, work with merchants, and be sure they are parking in the back of the lot. Vote: Ayes 5, Nays 0. f ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#21) SAGA HILL TAX FORFEIT PROPERTY - RESOLUTION NO. 3893 Moorse explained that a resolution was drafted per Council’s direction. Jabbour moved, Goetten seconded, to adopt Resolution No. 3893 requesting acquisition of the 9 acre portion of the Saga Hill tax forfeit property and releasing a Vi acre portion of the tax forfeit parcel for sale to the adjacent property owTiers. Vote: Ayes 5, Nays 0. GafFron commented that a sketch plan review will be on the May Planning Commission meeting for this property. The applicant claims to have tied up the property which the City is making a grant application for as well as the Morgart/Soskin property. Kelley asked why the application would be reviewed unless there is proof of ownership. Gaffron responded that ownership would be verified. (#22) HIGHWAY 12 SEWER CAPACITY UPDATE Moorse explained that staff has talked with Met Council regarding use of the Maple Plain interceptor as an interim solution to the sewer capacity problem. Met Council has indicated that it may be feasible and they will continue to review the possibility. Goetten moved, Peterson seconded, to authorize staff to make a formal request to the Met Council to divert 200 units of peak sewer flow to the Maple Plain metro interceptor to address the interim sewer capacity problem. Vote: Ayes 5, Nays 0. (#23) SET DATES FOR HIGHWAY 12 NEIGHBORHOOD MEETINGS Goetten suggested postponing neighborhood meetings until the Highway 12 Design Review Committee has had more opportunity to define their focus as there has only been one meeting. Kelley agreed that it is too soon to actually schedule meetings but the structure could be put in place. Kelley understood that the Design Committee would work on design issues such as sound barriers, lights, emergency access, etc. with the design to be approved by the City. Jabbour would like residents to participate in the process, noting Long Lake has a very defined plan in place. He suggested 5 residents from both the east and w'est sides of Brown Road or Willow Drive. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (*#24) RESOLUTION AMENDING THE PROGRAM FOR DEFERMENT OF SPECIAL ASSESSMENTS FOR PERSONS 65 YEARS OF AGE OR OLDER - RESOLUTION NO. 3894 Goetten moved, Kelley seconded, to adopt Resolution No. 3894 amending the program for deferment of special assessment for persons 65 years of age or older and approve the updating of the deferral application. Ayes 5, nays 0. (#25) 1997 FIRST QUARTER REVENUE AND EXPENDITURE REPORT Kelley questioned the fire protection amount of $14,500 over budget for the first three months. Moorse thought the amount had been paid earlier than in previous years. Kelley also questioned the Planning and Zoning amounts. Moorse commented that severance pay was paid to Jeanne Mabusth in addition to having two staff people for that period. Jabbour suggested the Zoning Department may need additional staff help. Moorse commented that discussions have taken place. An intern may not be the best solution as there is too much training involved. The Planning/Zoning Department has been inundated with Planning applications as well as many counter questions. The Spring Hill project has also been very' time- consuming. Jabbour thought Jeanne Mabusth may be able to help out. CITY ATTORNEY’S REPORT (#26) HARBOR LIMITS ORDINANCE Radio noted there are two issues which need consideration: 1. Banning the use of chemicals near the lakeshore; and 2. Regulation of docks, noting specifics. Jabbour suggested staff try to adopt the existing LMCD ordinance. Kelley stated the City wants to be sure that no tour boats are allowed to dock at Orono ’s marinas causing further parking problems. Jabbour asked about the current marina licensing. Gaffron responded that two marinas are behind in their conditional use pemiit requirements. He has applications from all of the marinas and will be working with them. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#26 - Harbor Limits Ordinance - Continued) Jabbour noted some of the issues to be considered in writing the harbor limits ordinance include clustering of uses, special density, herbicides and a chemical data sheet. Jabbour. Gaffron and Radio will meet to further define the Harbor Limits Ordinance. (#27) LICENSES Goetten moved, Kelley seconded, to approve the following license: Special Event Permit Gear West Start from Orono Middle School Run-Bike-Run Event June 1, 1997 7:00 a.m.-noon (*#28) BILLS Goetten moved, Kelley seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. Jabbour invited Councilmembers, Planning Commission, Park Commission and City staff on a boat tour on May 17 to meet at his home at 10:00 a.m. The event should be posted. ADJOURNMENT The meeting adjourned at 11:04 p.m. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk 3 MINUTES OF THE BOARD OF REVIEW MEETING HELD APRIL 23,1997 May C/Tv i99r ROLL The Orono Board of Review met on the above date with the following members present: Mayor Gabriel Jabbour, Councilmembers J. Diann Goetten, Charles Kelley, Barbara Peterson and Richard Flint. The following represented City staff: City Administrator Ron Moorse, City Assessors Rolf Erickson, Dave Wilde and Lisa Mott, Hennepin County Appraiser Bill Davy and Recorder Lin Vee. The meeting was called to order by Mayor Jabbour at 7:00 p.m. Mayor Jabbour explained that the purpose of the Board is to be sure that appropriate values are assigned to Orono properties. He reviewed the process the Assessor uses in arriving at market values, noting there are certain limits the City must maintain. Jabbour notified those present that an appointment could be made with the Assessor to further discuss property valuations rather than waiting to appear before the Board at the current meeting. He added that further appeals could be made to the County Board of Review or District Tax Court. Erickson explained that the Assessors will review the appeals and visit those properties they have not seen in the last two years. Letters will be sent to each owner who has appealed stating the Assessor ’s recommendation and the date and time of the Reconvened Board of Review. Erickson also reviewed the qualifications for "This Old House" improvements. Jabbour explained that appeals would be heard in the order in which property owners signed in upon arriving. He asked that each owner state his name, address of property, property identification number, value of the 1997 Notice of Valuation and the value the owner feels appropriate. 1.John Ericson. 1620 Shadvwood Road. #17-117-23 21 0012 - He stated it was not necessary for the Assessor to visit his home. The market value on the taxes payable in 1996 was at $266,000, $302,000 for 1997 and $318,00 for 1998. He feels 3% of $302,000 is a fair increase. He did some major remodeling in the 1980's. 2.Mr. Scott Shekels. 1345 North Arm Drive - Mr. Shekels did not stay to appear before the Board. 3.Linda Schrader. 1295 Arbor Street. #10-117-23 31 0035 - She bought the property in October of 1996. The house is a 100 year old, I'A story, Victorian with very few improvements over the years. She has done some electrical and structural improvements. The house was valued at $73,600 before she bought it, now it is at $79,900. Jabbour commented that the purchase price of $79,900 established the market value. She feels it is not worth $79,900 and would like the Assessor to review. 4. 5. 6. 7. 8. MINUTES OF THE BOARD OF REVIEW MEETING HELD APRIL 23,1997 Lannv Langhans. 1366 Rest Point Road. #07-117-23 32 0060 - Market value for last year was $218,000 and this year it is at $255,000, a $37,000 increase. He feels that is e.xcessive since there has been no remodeling in 20 years and the house is 60 years old. Jabbour suggested Mr. Langhans make an appointment with the Assessor to have him visit the property. Dwight Seward. 2780 Countryside Drive West. #04-117-23 12 0010 - He stated the basement was finished off at a value of $36,200, however, there is some discrepancy in what was actually done in comparison to the valuation of the basement project. The last tax bill was $370,000 and this year it is $426,200. He asked if there was an average tax increase. Jtto’oour stated that for various classifications like lakeshore, commercial or non-Iakeshore there were different percentages. Non-lakeshore properties had an average 4.1% increase. Seward noted his increase was in the 5% range. Rollie Winebrenner. 3287 Casco Circle. #20-117-23 43 0044 - Last year the house was valued at $111,000 and the Assessor reduced it to $104,000. This year it is assessed at $110,000. He felt his increase was higher than his neighbors with an increase of 5.8%. He would like to be treated fairly and feels 3% would be appropriate. Erickson commented that housing in this area almost always appreciates more than the cost of living. Dave Lohmann. 1860 Lakeview Terrace. #21-118-23 42 0009 - He stated he has been a resident for 8 years noting taxes have doubled in that time while his salary has not. A sewer improvement will cost him $15,000 in the next year increasing monthly taxes by $200. He asked if the $ 15,000 sewer assessment would be added to the current market value. Erickson responded that values follow the market, they do not automatically add the value of a project to the property until sales show the market value has increased. Jabbour noted each lot may be affected differently depending on the existing septic capabilities and the potential for more bedrooms created by sewer availability. Steve Benson. 1290 Arbor Street. #10-117-23 31 0028 - The property is assessed at $109,500, la.st year at $101,000. Four years ago the home was assessed and reduced to $96,000. Mr. Benson would like to make an appointment and have the home reviewed again. Mark Lamontane. 1270 Arbor Street. #10-117-23 31 0029 - He stated that last year the assessed value was down $100 from the year before yet the taxes still went up. This year the value went up 9% and he feels that is too much. He asked if he had his property reviewed and it was valued higher than what the Assessor currently has listed, if his market value would go even higher. Jabbour responded that the City has never raised the tax value in such 10. 12. 13. MINUTES OF THE BOARD OF REVIEW MEETING HELD APRIL 23,1997 a case but the Tax Court might. Erickson added that the Assessors would not recommend raising a value. However, if they find improvements that they do not have listed in their records, the following year an adjustment would be made accordingly. Erickson noted this property was in the quarter of the City that was redone in 1996 and market values increased there. Neil Blesi. 2064 Shadvwood Road. #17-117-23 31 0015 - His property is near Lord Fletcher's. He stated the house has a history of being overvalued and he has appealed the values 5-6 times. He gave some examples showing his property has increased more than neighboring properties even though there have been major improvements in other properties. His value for this year is at $254,000, last year was $242,000 and 1995 was $227,000, increases of 5% and 6.6%. Mr. Blesi would like to see the value lowered by 5%. He noted his house, which was built in 1948, has no central air and it cannot be installed because of radiant heat. It is difficult to find comparable sales. The Assessor was out in 1995 and noted that allowances have been made for the problems existing on the property. Erickson suggested one of his assessors who has not visited the property could do another review. 11. Jeff Martin. 760 Hunt Farm Road. #31-118-23 11-0010 - Mr. Martin did not stay to appear before the Board. Phil Kalev. 1395 Brown Road South. #10-227-23 31 0050 - Mr. Kaley did not stay to appear before the Board. Mr. Larson, 724 Tonkawa Road, 05-117-23 34 0003 - Mr. Larson stated his value increased 12.3% this year with no improvements to the property. He doesn't feel he could get that value if he sold it. In the early 1970's, he questioned the appraised value. At that time the •Assessor stated his propert>’ was a prime lot which was the reason for an increase. He noted that rain drains along his driveway into his property. The value was reduced at that time by $3,000 but was raised by the same amount the following year. Erickson reiterated that the State Legislators should be contacted as the State controls the way property taxes are calculated. Kelly agreed that the legislators have created a regressive tax and need to be called about real estate tax reform. The current system escalates taxes on property without approval of voters. It was moved by Kelley, seconded by Goetten, to schedule the Reconvened Board of Review on May 12, 1997 at 6:30 p.m. as the Board must meet within 20 calendar days. 1 MINUTES OF THE BOARD OF REVIEW MEETING HELD APRIL 23,1997 Written Appeals Submitted: Douglas Johnson, 1355 Shoreline Drive, #02-117-23 34 0012 George and Katherine Kalweit, 4265 Forest Lake Drive, #07-117-23 12 0016 Matthew N. Nicoll, 160 Smith Avenue, #02-117-23 21 0029 Stephen P. Moseley, 1635 Bohns Point Road, #17-117-23 11 0006 Donald C. Swenson, 80 Luce Line Ridge, #31-118-23 34 0010 R. Hunt Greene, 865 Partenwood Road, #05-117-23 43 0002 '•1 I ADJOURNMENT The Board of Review adjourned at 8:08 p.m. Gabriel Jabbour, Mayor - i COUNCIL MEETING MAY 12 1997 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: March 18, 1997 ITEM NO.: Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1457 Alan G. Carlson/Kingsbridge Properties, Inc., 3140 Watertown Road - Final Subdivision - Resolution List of Exhibits A - Resolution #2948, Approved April 8, 1991 Granting Preliminary Approval of Plat B - Resolutions #3094, #3242, #3392, #3536 and #3693 Granting Extensions of Preliminary Plat Approval C - Final Plat of Crystal Creek D - Final Amended Grading and Drainage Plan £ - MCWD Permit F - Weckman Memo The applicant has fulfilled all conditions of preliminary subdivision approval as set forth in Resolution #2948. Required easements, covenants and a declaration have been reviewed by the City Attorney and approved as amended. The subdivider was required to file a current permit application with the MCWD as extensions were not available. A wetland delineation has been completed for the property. The only wetland not protected under the City's ordinances has been located within Lot 1, Block 2. The standard covenant has been created to protect the wetland and provide appropriate notice to future property owners consistent with the City's current policy for wetlands not included in conservation maps of the City. The current MCWD permit will also require larger and deeper NURP ponds that have been relocated on property. The amended grading plan has been included in your packet (Exhibit D). The final resolution restates the conditions of the MCWD permit approval (Exhibit E). The subdivider has made the necessary payments for site inspections by the MCWD staff ($272.73). Stephen Weckman has been asked to review the original septic testing and location map completed for preliminary plat application. In his memo, Exhibit F, he reconfinns the test sites still meet standards of code with the relocation of the two NURP ponds within the development. Outlot B shall remain in the ownership of the subdivider »p be developed at a later date. Access to Outlot B was approved as shown on Exhibit C although other options may be available to subdiN’ider via properties along east side of Outlot B that have direct access to Old Crystal Bay Road. The final plat resolution includes a disclaimer that if Outlot B is to be developed that the City shall require access that confonns to code in effect at date of subdivision. i - pmw' I HI •» •• • Request for Council Action continued Page 2 March 18,1997 Zoning File #1457 Alan G. Carlson, 3140 Watertown Road - Final Subdivision Alan Carlson, the original developer, will complete the final subdivision, and once approved and filed, the twelve residential lots and Outlot B will be sold to the Charles Cudd Construction Company who shall in turn assume all responsibility for the installation of drainage and road improvements. Site improvements will commence in the spring of 1997. Staff Recommendation To approve the final plat of Crystal Creek. The developer proposes a twelve lot residential subdivision with outlot for future development. All twelve lots meet the standards of the RR- IB zoning district and on-site septic code. Staff recommends approval of the final subdivision subject to the findings and conditions of the staff resolution enclosed. COUNCIL ACTION REQUESTED: To either amend or adopt the approval resolution, A RESOLUTION APPROVING THE PLAT OF CRYSTAL CREEK FILE NO. 1457 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the final plat application of a twelve lot residential Class III subdivision and plat by Kingsbridge Properties, Inc., a Minnesota corporation, (hereinafter "the subdivider"); and WHEREAS, per Resolution No. 2948 of the City of Orono, the City Council approved the preliminary plat application for the twelve lot residential subdivision on April 8, 1991; and WHEREAS, the City Council has granted five extensions of the deadline for the preliminary subdivision application until the issue of a southern bypass for Highway 12 that would intersect the property was resolved; and WHEREAS, the subdivision has been found to meet all standards of the RR-IB, Rural Residential Zoning District finding that each lot is of a size and configuration that would allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, on November 26, 1996, the Minnehaha Creek Watershed District Board of Managers approved Permit #96-254 that granted conditional approval of the grading and drainage plans for the Crystal Creek subdivision; and WHEREAS, on March 18, 1997, Stephen Weckman, Orono ’s On-Site Septic Systems Manager, reported that all tested septic sites proposed in 1990/1991 preliminary review meet City and State standards; and Page 1 of 6 WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. 2. 3. 4. 5. 6. 7. 8. Completion of all the requirements of Resolution No. 2948, the resolution of the City granting preliminary approval of the plat. Dedication on the plat of drainage and utility easements. Dedication on the plat of drainage easements over all drainageways and NURP ponds and shown as drainage easements on the plat. Dedication on the plat of right-of-way for Watertown Road. Dedication of a new private road shown on the plat as Outlot A, to be known henceforth as Crystal Creek Road. Concurrent with the creation of this private road, the subdivider has dedicated to the City a road and utility easement granting to the City permanent access, improvement and utility easements over said outlot; the subdivider has created non exclusive ingress, egress, drainage and utility easements over said outlot in favor of all abutting and/or benefitting lots including a declaration of certain maintenance covenants wherein each of the abutting and/or benefitting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. Outlot B may be residentially developed in the future. The subdivision shall be subject to all applicable ordinances in effect at the time of subdivision. The subdivider shall be responsible for providing legal access to the property. Outlot C is unbuildable. The parcel is divided from the remainder of the property by the Burlington Norther Railroad right-of-way and may be sold and legally combined with an adjacent property. Dedication to the City of a flowage and conservation easement providing for limitations on the use of wetlands protected by the City of Orono and shown on the plat as "wetland drainage easements". Page 2 of 6 9.The subdivider has created a protective covenant for Lot 1, Block 2 that contains a wetland not included within the conservation maps of the City of Orono. The covenant shall include a site plan of Lot 1, Block 2 locating the area of the wetland. 10. Tlie subdivider has dedicated to the City a temporary road and utility easement over the cul-de-sac to be installed at the end of the private road. The easement shall be taken over portions of the 100' diameter cul-de-sac not included within the 50' road outlot. 11. The subdivider has created drainfield covenants to be filed against the Chain of Title of each of the twelve lots within the plat in order to ensure future owners are aware of the special limitations on the septic capabilities of each of the rural lots and the need to protect existing septic test sites both during construction and after construction. The covenant will include a site plan locating the septic sites and provide guidelines for the protection of those sites. 12. The developer has created easements in favor of the Homeowners Association over Lot 1, Block 1 and Lot 1, Block 2 for the purpose of upkeep and maintenance of the entrance monuments to be installed at the intersection of Crystal Creek Road and Watertown Road. 13. The subdivider has executed a Developer's Agreement providing for the installation of comprehensive improvements required as a condition of approval of the Cr)'stal Creek subdivision. The subdivider has posted a Letter of Credit in the amount of $254,820.00 to ensure that these required improvements are completed to the City's satisfaction. Some of these comprehensive improvements include the following: A. All grading and drainage improvements as shown on Grading Plan pages C- 1 and C-2 by Sundee Engineering, Inc., most revised date January 8, 1997. B. Private road improvement as shown on C-3, Crystal Creek Road Plan/Profile by Sundee Engineering, Inc., dated March 5, 1997. C. Erosion control as shown on C-1 and C-2 of the grading plans by Sundee Engineering, Inc., most revised date January 8, 1997. Page 3 of 6 D. Restoration of ground cover and plantings per landscape plans created by subdivider. 14. The subdivider made payment to the City in 1990 of a park dedication fee in the amount of $3,200.00. 15. The subdivider has made payment to the City for the legal review and filing of the plat, easements and covenants in the amount of $200.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Crystal Creek, Hennepin County, Minnesota, subject to the following conditions: 1.The subdivider to grant driveway easement at 15' width over Lot 6, Block 1 in favor of Lot 7, Block 1 that will be in effect until an alternate legal access is provided via a future private road. 2.Access to the twelve lots within Crystal Creek shall be via the interior private plat road. Access to residential lot or lots developed within Outlot B shall be served by either Outlot A (Crystal Creek Road) and/or approved legal access via contiguous properties. The subdivider is further advised that Outlot B cannot be residentially developed as either one or multiple lots without first seeking subdivision approval from the City of Orono. 3. Prior to any land alterations, the subdividcr shall be responsible for the following: A.Installation of stormwater ponds as approved by the City of Orono and Minnehaha Creek Watershed District. B. The subdivider is required to stake with fencing all septic sites. Such fencing to be installed 20' from the boundaries of each drainfield test site. C. Installation of erosion control. Page 4 of 6 y 4. D. The subdivider to provide plan/detail on drainageway to be installed along shared lot lines of Lots 1 and 2, Block 2 noting care must be taken when constructing this drainageway to prevent drainage from meandering or filling with sediment and flooding adjacent septic sites. The City Engineer and On-Site System Manager shall approve these plans. The subdivider shall be responsible for completing all conditions of the MCWD Permit #96-254 as follows: A. Execution of stormwater facilities maintenance agreement, a copy of which must be submitted to the City of Orono before land alteration commences. B. Stormwater ponds built and functional prior to all other site work. C.Activities including, but not limited to, mowing, yard waste disposal and fertilizer application shall not occur within the wetland buffer zone. 5. 6. D. Wetland buffer restrictions shall be noted on all property deeds. Erosion control shall be installed as shown on final grading and drainage plans by Sundee Engineering, Inc. (sec Finding 12, C above) luid maintained until natural ground cover is restored. No building permits will be issued until all drainage facilities have been installed and approved and a satisfactory road base installed. The aforesaid plat shall be filed by the City of O.ono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before November 12, 1997 together with a certified original copy of this resolution and e.xecuted copies of the easements and covenants noted above. Page 5 of 6 The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision approval. Dated this 12th day of May, 1997. 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 14th day of .April, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary^ Public Page 6 of 6 /V CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948_________ A RESOLUTION GR7VNTING PRELIMINARY APPROVAL OF THE PROPOSED CRYSTAL CREEK PLAT FILE NO. 1457 WHEREAS, Alan G, Carlson (hereinafter "the subdivider") on March 22, 1991 filed a revised formal subdivision application with the City for approval of a 12-lot residential plat of property legally described as follows: Exhibit A, attached, (hereinafter "the property") and? WHEREAS, after ^lue published and mailed notice in accordance with Minnesota Statues 46i..^ss et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on March 18, 1991 and March 20. and the Council on April 8, 1991 at which times all persons desiring to )»eard concerning this application were given the opportunity to speak the-..on; and WHEREAS, at their regular meeting held on April 8, 1991, the Orono City Council considered the amended subdivision application of 12 lots, noting the following findings of fact: 1. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The subdivision as.amended from the original 16-lot proposal finds that each lot meets or exceeds the 2-acre minimum dry contiguous lot area standards. 3. Each of the 12 lots meets the required lot width to the rear of the 50' front street setback line. Page 1 of 8 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948 4 •t • 4. All of the 12 lots shall achieve access via an interior private roadway. No direct access onto Watertown Road will be allowed for an individual lot owner. 5. The applicant has filed the revised preliminary plan with the Minnehaha Creek Watershed District. All conditions of MCWD permit must be met by applicant and included with final drainage, grading and erosion control plans. 6. In a memo dated March 13, 1991, Michael P. Gaffron, Assistant Planning and Zoning Administrator, confirmed that all 12 lots have been tested and found to have suitable areas for on-site septic development. Since that memo, Mr. Gaffron has received verbal confirmation from the on-site evaluator that drainfields can be shifted or relocated on Lot 2, Block 2 and Lot 5, Block 3 to meet the on-site septic standards of the City. 7. The proposed configuration and overall design of the lots within the plat finds that each lot satisfies the lot standards of the RR-IB Zoning District requiring no variances with the granting of the approval of this subdivision. Each lot can be developed as a residential unit without the need for future variances. 8. The subdivider has provided a future access corridor to the east and shall be responsible for developing the roadway to the eastern boundary providing a temporary cul-de-sac. 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 revised preliminary plat of Crystal Creek per plat survey dated February 26, 1991, revised March 18, 1991 by Edward H. Sunde, a registered land surveyor under the laws of the State of Minnesota of Sunde Land Surveying, Inc., subject to the following conditions: Pag?' 2 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948 1. ^m^cess to the 12-lot plat must be via the interior plat road. Lot 2, Block 2 shall be served from the temporary cul-de-sac via a 15' driveway easement through Lot 1, Block 2. Owner of Lot Ir Block 2 shall grant temporary driveway easement in favor of Lot 2, Block 2 until the adjacent private road is extended along the southern boundaries of Lot 2, Block 2. 2. Prior to any land alterations for drainage or road purposes, the following septic sites must be staked with fencing, such fencing to be installed 20' from the boundaries of each drainfield .test site as follows: Lot 1, Block 1 Lot 2, Block 1 Lot 1, Block 2 Lot 2, Block 2 Lot 1, Block 3 (southwest corner drainfield site only) Lot 3, Block 3 Lot 5, Block 3 3. Subdivider to grant underlying road and utility easements over private road outlots (Outlots A and D). 4. Outlot A shall be installed as a 28' roadway with curb (urban section). Temporary cul-de-sac shall be designated at a 100' diameter with actual traveled turnaround at an 80* diameter. 5. Subdivider to grant conservation and flowage easements over all wetland/flood plain areas defined at or below the 970 elevation. The subdivider should also grant drainage easements over drainageways and storm sewers not located within right-of-way of road outlots. Page 3 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948 maintenance and upkeep of private road. The subdivider may wish to use the standard form used by the City for inclusion in the private covenants. In addition, the City will expect private covenants to address maintenance and protection of drainageways and retention areas by private property owners. Upon preliminary approval of the plat, the subdivider is to draft appropriate private covenants to be submitted to the City prior to the City granting approval of v.he final plat. 7. Applicant shall create a Homeowners' Association to ensure upkeep and maintenance of private road. This document must provide for an undivided share of the ownership of said road and future deed transfering ownership of residential lots must include the undivided or equal share in private road. 8. Subdivider to execute a drainfield covenant to be filed against the Chain of Title of each of the 12 lots within the plat in order to ensure future owners knowledge and awareness of the special limitations on the septic capabilities of the rural lots and the need to protect existing septic test sites. The City requests that the following addition be made to the original septic covenant proposed by applicant for original 16-lot plat. The following sentence is to be added between sentences 1 and 2; "In most cases, these are the only two feasible sites on ea.oh lot, and must not be disturbed. The existing natural topsoil must remain in place and must not be subject to any traffic which will cause even the slightest compaction." 9. The subdivider shall m.aintain adequate erosion control per final approved plans by Gerald M. Sunde throughout the construction of the road, drainage improvements and until all ground cover disturbed on the property is restored. Page 4 of 8 r CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948 10. ^ rEe developer to create easements in favor of the Homeowners Association over Lots 1, Block 1 and Lot 1, Block 3 for the purpose of maintenance and upkeep of the entrance monuments. The City approves the monuments proposed on plans dated December 19, 1989, revised March 18, 1991 by Gerald M. Sunde entitled "Typical Monument Detail" that defines 5 1/2' high, 10 lineal feet in length, 3' wide monuments to be installed on each side of the entrance of the private road. The final installed height of these monuments cannot exceed a height of 6' measured from elevation of private road. 11. All final grading, drainage and road plans shall be done in accordance with the directives of the Minnehaha Creek Watershed District permit and the final report of the City Engineer before any land alterations or construction can begin. The subdivider shall execute a developer's agreement that shall include all required improvements. The subdivider shall also provide a Letter of Credit to be written to the amount of 150% of the cost of all improvements. The Letter of Credit must also be submitted prior to final plat approval by the City. The subdivider is hereby advised that building permits shall not be issued upon final plat approval until gravel road base has been approved by the City Engineer and required drainage ponds and controls have been installed and approved by the City Engineer. 12. On-site evaluator to provide written confirmation that the shifting of drainfields within Lot 2, Block 2 and Lot 5, Block 3 will satisfy on-site septic standards of City Code. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: Page 5 of 8 CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 2948_________ A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1" = 200'. Drawing to include; a) Lot lines platted per preliminary survey by Edward H. Sunde of Sunde Land Surveying, Inc. dated February 26, 1991, revised March 18, 1991, b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines - omit along the sides of the designated wetlands defined as drainage easements. • c) Designate all wetland areas {areas at or below 970 elevation, as drainage easements). d) Designate all drainageways and storm sewers as drainage easements on the plat. e) Dedication of right-of-way for V7atertown Road. B. 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 must provide certified copies of all recorded easements currently affecting the property. c) Executed Drainage Easements over all drainageways and storm sewer lines if applicable (refer to sample easements provided tc. you with original plat application), to include all drainageway5 not included within flood plain/wetlands area below 97C elevation.) Page 6 of 8 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. __2948 designated wetland areas at or below 970 elevation (refer to original easement enclosed with former preliminary plat resolution). e) Signed and executed Developer's Agreement and Letter of Credit to cover all required improvements. f) Signed and executed Road and Utilities Easement over the private road outlots (Outlots A and ^ - refer to previous samples). g) Signed and executed temporary Road and Utility Easement over portions of cul-de-sac not located within private road outlot. ! h) Private covenants/creation of Homeowners' Acsociation in a form for filing to include division of ownership and responsibility for maintenance of the private road and drainage facilities (refer to original documents). i) Executed drainfield covenant prepared for filing against each lot to be amended per Item 8 in conditions ot approval as noted above. j) Completed "Application for Private Road Name". Subdivider shall have the choice of naming the road within Outlot A and C (refer to original documents). / a) Final plat fee = $150 .&0 ^OO.oO C. FEES TO BE PAID; Total Due $300.00 b) Legal review and filing fees of $T50;-frO' 5>.Oc). c) Par)c dedication fee = $3,200 already paid by subdivider Page 7 of 8 .1 i J CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948 by the City Council of the City of Orono/ Minnesota at a regular meeting held this 8th day of April, 1991. Barbara A. Peterson, Mayor ATTEST: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of April, 1991, by Barbara A.. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota m.unicipal corporation and said My Commission Expires Page 8 of 8 n i . rotmjor £ — y i>»»*u'i*u» - S- ^1 Resolution .#2 Exhibit A r / J *1 •*« 8 il ^5SI/i L_J^ • « «•%««• MM1 .a_la=_- V . LLI \ r.' -Kt- I ' a«».. —»*< •»•»• •• K/fv k'l*-XlV{^ "Ttil • It.VM •«. »%. • •• • •*•• lU—tIMri «.M ♦--1 ^ ^ /, M« • *"W:i:..-. -I—7*?L5F •.* ' O' • rii« • n »*• • »M.ii( «.n • II.tM •t.W*».a* ■.« m.«• M M.Al a-M I »«• a M« « M • M.rvf ••• •«.tii a.n ••.•II n.r^ m.mt* r».»M «.«• t.«i I J\riwr* Ta V.- ?«.••• l•l.••« ai.m •.»•• •• ••.•^ I.M • .•• M.«l •.M •.M l*M HI • HIkHMJ Mt M«ai • •.•«• M. fl- • •*•• : r 4 a I - r «H««rr ••»• »•»• i* • lZ*7Z!^^LZm rnmmmmtmmt HI HIMMIH. a« HV t*«a ■• ••*« ' Ml* »H* •« V «•••#•»••« ■•» ■••• * ■ • 14* »$ ^»HI— II. Ill* •«*« ••» !!• H ? •“ t'l *a II HH •« IH • n»h»hihihi»**»«*'*« frr;^*.T::!rv-izriz:^.-,.. • Ml# •«•«»«•■ »M« •* HHIH H »■■ I ■ l» II* *^*r*»« HH HiH •»*• IVIH •-«•• •» *•• *H~# •» iHlH* •* H»»*H»I •»•• Hl*»l—• •* t«.IH •• H-^*t** ■*•»• ^ . H11 7—-77’ *-1 — •— •» —• VA*r7 •*•**—• •» iM^ •••« •• ••*•• ••-•"•T.*"* !!^ » ^ ^ A ^ «• •••« VHW W H ■■ -------------- ^ ________^ ••§• !•• ••••......... *••*»‘- •* **i! tr**T^.r!rrirf^ •H at*^!*.!* >**"•>*• >*»^*»»-***^**** ________ PfltUMlNi^ n.AT 0^ cfVTSTAc c^tic ro^ Ma ALAN CAm.S0H H*l» 7 48 •• #•••• •• Wmli GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. _70Q4 A RBSOLOTION GRANTING EXTENSION OP THE EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL FOR THE PLAT, CRYSTAL CREEK, APPLICATION NO. 1457 WHEREAS, on April 8, 1991, the City Council of the City of Orono adopted Resolution No. 2948 granting preliminary approval of a plat proposed by applicant, Alan G. Carlson, involving the property located at 3140 Watertown Road; and WHEREAS, the effective period of preliminary plat approval expires one year after the adoption of Resolution No. 2948, such expiration date being April 8, 1992; and WHEREAS, the applicant has advised Council that he is unable to fulfill the conditions of preliminary plat approval until the issue of the option of a southern bypass for the Highway 12 improvement is resolved; and WHEREAS, applicant has demonstrated a substantial financial commitment during the review of the preliminary subdivision application. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono that the effective period of preliminary plat approval for Alan G. Carlson's proposed plat known as Crystal Creek involving the property located at 3140 Watertown Road as approved per the conditions of Resolution No. 2948 originally adopted April 8, 1991, is hereby extended to April 8, 1993. Adopted by the City Council of the City of Orono, Minnesota at a a CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3242 A RESOLUTION GRANTING EXTENSION OF THE EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL FOR THE PI AT, CRYSTAL CRLEK, APPLICATION NO. 1457 l^lIEREAS, on March 23, 1992, the City Council of the City of Orono adopted Resolution No. 3094 granting an extension of preliminary approval of a plat proposed by ipplicant, Alan G. Carlson, involving the property located at 3140 Watertown Road; and 8, 1993; and WHEREAS, the effective period of preliminary plat extension expires on April WHEREAS, the applicant has advised Council that he is unable to fulfill the conditions of preliminary plat approval until the issue of the option of a southern bypass for the Highway 12 improvement is resolved; and WHEREAS, applicant has demonstrated a substantial financial commitment during the review of the preliminar>’ subdivision application. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono that the effective period of preliminary plat approval for Alan G. Carlson s proposed plat known as Crystal Creek involving the property located at 3140 Watertown Road and as originally approved per the conditions of Resolution 2948, adopted April 8, 1991, is hereby extended to April 8, 1994. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of March, 1993. I««S0QS»*0rwi CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. J24 2________ STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of March, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires 8-12-96 ^ . II^tarv Public Page 2 of 1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.JJJI1 A RESOLUTION GRANTING EXTENSION OF THE EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL FOR THE PLAT, CRYSTAL CREEK, APPLICATION NO. 1457 WHEREAS, on March 8, 1993, the City Council of the City of Orono adopted Resolution No. 3242 granting an extension of preliminary approval of a plat proposed by applicant, Alan G. Carlson, involving the property located at 3140 Watenown Road, and WHEREAS, the effective period of preliminary plat extension expires on April 8, 1994; and WHEREAS, the applicant has advised Council that he is unable to fulfill the conditions of preliminary plat approval until the issue of the option of a southern bypass for the Highway 12 improvement is resolved: and WHEREAS, applicant has demonstrated a substantial financial commitment during the review of the preliminar>' subdivision application. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono that the effective period of preliminary plat approval for Alan G. Carlson’s proposed plat known as Crystal Creek involving the property located at 3140 Watertown Road and as originally approved per the conditions of Resolution 2948, adopted April 8, 1991, is hereby extended to April 8, 1995. Adopted by t’ne City Council of the City of Orono, Minnesota at a regular meeting held this 14th day of March, 1994. f- ■ Edward J. Callah^, Mayor Dorothy M. HaHin, City Clerk. S dUi'/C Page 1 of 2 CITY of ORONO RESOLUTION OF THE CITY COUNCIL u'" >.*' o NO. -9 v-^ V _________ STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument^wa^ac^cwledged before me on tWs 14th day of March, 1994, by Edward J. Callahan, Jr. & tferomy M. iHallin, Mayor &^ii^Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed cn behalf of the City. JAMIE L 60SMA NOTARY PUBLIOMINNESOTA HENNEPIN COUNTY My Comm. Expires 12-19-97 ^^4 Page 2 of 2 FvflSonoiiA^ • •. ••• CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 5^6_____ A RESOLUTION GRANTING EXTENSION OF TKF effective period of preliminary plat approval FOR THE PLAT, CRYSTAL CREEK - file no . 1457 ssr a“. ”1" . j.««— .•.« .«■ 8, 1995; and WHEREAS, the effective period of preliminary plat extension expires on April w^HEREAS the applicant has advised Council that he is unable to fulfil the conditions of plZCpial a^pmval until the issue of the option of a southern bypass for dte Highway 12 improvement is resolved; and WHEREAS, applicant has demonstrated a substantial financial commitment during the review of the preliminary subdivision application. NOW THEREFORE, BE IT RESOLVED, by the City Council of the Ctiy of Orono that the effective period of preliminary plat approval for proposed^? Slb-PP^^d peTth^rdS NO. 2948, adopted April 8.1991. is hereby extended to April 8, 1996. Adopted by the City Council of the City of Orono. Minnesota at a tegular meeting held this 13th day of March, 1995. Pase 1 of 2 A ■! 1 i CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 35S6__ D^othy M. Idallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foreooine instrument was acknowledged before me on this 13th day of March, ,99. by Edwa™ J CaS:, Jr. & Dorothy M. HaUin. Mayor & City of the of Oron'o a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notar>' Public Page 2 of 2 r««so6s: S§1 CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 8 6 9 3 s \ RESOLUTION GRANTING AN EXTENSION OF THE FFFEC'm'E PERIOD OF PRELIMINARY PLAT APPRO\'AL FOR THE PLAT, CRYSTAL CREEK - FILE NO. 1630 (1457) WHEREAS, on March 13, 1995, the City Council of the Cit>’ of Orono adopted Resolution No. 3536 granting an extension of prcliininaiy approval of a plat proposed by applicant, Alan G. Carlson. in\olviii£ the property located at 3140 Watertown Road; and WHEREAS, the effective period of preliminary plat extension expires on .Apnl 1996; and WHEREAS, the applicant has advised Council that he is unable to fullill the conditions of preliminary plat approval until the Minnesota Department of Transportation has made its final recommendation for a plan ol improvement of Hignway 12, and rgWHERE.\S, applicant h.as demonstrated a substantial financial commitment ciuri: the reviev-.’ of the pichiTiinary subdivision application. NOW THEREFORE, BE IT RESOi^VED, by the City Council of the City o! Orono »hai the effective period of preliminary plat approval for Alan G. Carlson ’s proposed plat known Crvsial Creek involving the propeny located at 3140 Waienown Road and as origin,: .> appro v - u per'the conditions of Resolution No. 2948. adopted .April 8. 1991, is hereby extendcc to .April 8. l997. GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 3 6 9 3 • ST.ATE OF MfNNESOTA ) ) COUNTY OF HEN'NEPIN ) The f'reccing instrument was acknowledged before me on this I l:h day or'March. 1996. by Gabriel Jabbour & 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. Pi till i:'Noiarv Public Page 2 of 2 CRYSTAL CREEK C.R. DOC. NO. mm»h • IM Cm^f •! %^M0 ^ i-JWV. ^•M r««*«iw •! IM c'*‘ r* *'*' •'* •* *^ •/• .1 Vk M. 3X fa-i^---------------. ai ^ iM^aa. »»«•«»•»« Ca.,-1, M«««aaia. «aaMM «aa« » im *01 «M laa«» »-♦* ia«»at I It MM*. JJ V««( tTuV% • Jr;:: i^jT.r.r « “»''h t«u. a^ «i«« ^ a^.„,. m ^ *• '•••» *a»afa aa*«M«M« aM »awaa> aM ai**, «« »>»— •« ' '' ' • Sjrr.*^*** ya»C« ftwjyi •< a I^iai. 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Mav. 04a*A - 7 2* K 3{v»7W4tJt *1KnAd (VI OI»A»)yV 7|conTiio<. *muct\Mi Tsa octAfl.] A-rr^TTi) M UiACK > ‘0m»> <*av» »-»• •>*1% em wa avavia a> «i w v^waa U£mJL November 27,1996 Alan G. Carlson 3125 Fox Street Loan Lake. MN 55356 Rl- Permit Application 96-254 Location: Orono, T118N, R33W, Section 33 SW V* Purpose: Stormwater Managerr.^nt for tha construction of 12 single family homes. Dear Mr. Carlson: The above permit application was reviewed at ine November 26,1996 Board of Managers Meeting of the Minnehaha Creek Watershed District. The permit was approve- pending receipt and staff approval of the following: 1. A signed stormwater facilities maintenance agreement. 2. Rule J Fees and mailing cost reimbursement in the amount of $272.73. Special conditions on the permit include: 1. The proposed stormwater ponds shall be built and functional prior to other site work. 2. Activities including, but not limited to mowing, yard waste disposal and fertilizer application shall not occur within the wetland buffer zone. 3. Wetland buffer restrictions shall be noted on all property deeds. Due to the size and complexity of certain projects, th<» Board, by Rule J. requires that site Inspections be conducted. In these cases.' * *‘^ .'ijcant is required to pay to the District, a fee equal to the actual costs (* ' iroject . field inspection, engineering services, legal services, and any t i;,~; • wucnt monitoring of the work. These costs are referred to as Rule J fees. Please be advised that the project is not authorized until the above information has been submitted and you have been notified of permit issuance. Thank you. Sincerely, Dionne M. King Field Technician % TOTAL P.r* MflR-10-1997 14:23 HlhfBkinHP CREEK UIPTERSHED 6124710682 P.01/01 March 10, 1997 Ms. Gretchen Loebncr Sunde bngint'crin^ Inc. 4200 West Old Shakopce Road Suite 230 Bloomington, MN 55437-2967 RF.: Revisions to MCWD Permit #96-254 Dear Ms. I.ochncr: Thank you for .sending the extra sets of plans lor the revisions affecting the Crystal Creek project. Our consulting engineers have reviewed the revisions and find no changes lhal would affect the stormwater management plan approved by the Minnehaha Creek Watershed District Board of Managers. You are reminded that the provisions set forth in the permit approved by tlie MCWD on November 26, 1996 mujrt be met prior to a permit being issued. TImwc provisions are: 1 . A signed sr<-4» v^ater facilities maintenance agreement. 2. Rule J Fee* :•#«# *■ -.lling cost reimbursement in fhe amount of S272.73. Additionally, the following special conditions were added to the permit at the time of approval: 1 . Tire proposed stormwater ponds shall be built and funeliunal prior to oUtcr .site work. 2. Activities including, but not limited to mowing, yard waste disposal and fcriili/cr application shall not wcur within the wetland buftef Tone. 3. Wetland bulTcr restrictions shall be noted on all property deeds. Please be advised ihiil a project is not authoriTcd until all provisions and conditions have been submitted to the MCWD ofllce and you have been notified that a permit htis been issued. I f yon have any question.^ plca.se call me at 471 -0590, Sincerely. Jim Hafner District Technician 1 TOTAL P.01 r TO:Liz Van Zomeren, City Planner/Zoning Administrator FROM: Stephen Weckman, On-Site Systems Manager DATE:March 18,1997 SUBJECT: Septic Review for Application #1457, Crystal Creek - Subdivision The proposed twelve lot subdivision requires the use of on-site sewage treatment systems. Site evaluation/design has been completed for primary and alternate drainfield sites on each lot. All proposed septic systems meet City and State standards. Two stormwater drainage ponds have been proposed for the subdivision. Pond #2 on the north end of the property has a 100 yea; Hood elevation 30' from a drainfield site. This pond is located an adequate distance from the drainfield site and no additional drainage will flow by the drainfield site. Pond # 1 on the south end of the propert>’ has a 100 year flood elevation 40 ’ from two drainfield sites. On this site drainage from the development will run 20' from a drainfield site, make a sixty degree turn, then run between two drainfield sites. Extra care must be taken when constructing this drainageway to prevent it from meandering or filling with sediment. Based on the above information, staff recommends approval of the application on the condition that a drainage plan is submitted which addresses the aforementioned concerns. The city requires the drainfield sites to be fenced off prior to any grading or land alteration. COtINCIL ME! May 12 1991 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: May 9,1997 ITEM NO 5^ Department Approvah^^n^ Name Michael P. Gaffron Title Asst. Planning & Zoning Administrator Administrator Reviewed:Agenda Section; Zoning Item Description: #2218 Jyland Development, Inc., 1185 Hunter Drive - Final Subdivision - Resolution The applicant has fulfilled or is about to fulfill all conditions set forth in the preliminary approval resolution. Resolution No. 3861, and will be submitting all required payments and submittals to allow the filing of the final plat application. In addition to the specific requirements of preliminary plat approval, staff has required that applicant agree to a covenant regarding maintenance of the NURP pond and drainage facilities by the property owners. Applicants are requesting the private road be named Hunter Pass. As of this writing, sUiffhas not confirmed the acceptability of this road name with the Police Department, but expects to have their input on this matter prior to the Council meeting. Staff recommends approval of the final plat. Hunter Pass, subject to findings and conditions set forth in the enclosed resolution. COUNCIL ACTION REQUESTED: To either adopt or amend the approval resolution, and either accept or reject the private road name 'Hunter Pass'. A RESOLUTION APPROVING THE PLAT OF HUNTER PASS FILE NO. 2218 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considerea the application for a subdivision of a four-lot plat by Jyland Development, Inc., a Minnesota corporation (hereinafter "the subdivider"); and WHEREAS, the subdivision has been found to meet all standards of the RR-IB, Rural Residential Zoning District finding that each lot is of a size and configuration that would allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, the subdivider has agreed to complete all requirements of the platting regulations of the City, including: 1.Completion of all the requirements of Resolution No. 3861, the resolution granting preliminary approval of the Class III subdivision. 2. Dedication on the plat of drainage and utility easements. 3. Creation of a private road shown on the plat as Outlot A; Outlot A to be known henceforth as 4.Concurrent with the creation of this private road in Outlot A, the subdivider has dedicated to the City road and utility easements granting to the City permanent access, improvement and utility easements over said Outlot. The subdivider has additionally created non-exclusive ingress, egress, drainage and utility easements Page 1 of 4 i it over said Outlet in favor of all abutting lots including a declaration of covenants, conditions, restrictions and private roadway easement wherein any lot shall be sold, transferred and conveyed together with an undivided one-fourth interest in Outlet A whereby benefitting lot owners covenant and agree to permanently maintain and pay cost of maintenance for said private road. 5. The subdivider has granted to the City Flowage and Conservation Easements over the designated Orono wetlands within Lots 1 and 2, and shown such easements on the plat drawings as 'Drainage Easements’. 6. The subdivider has dedicated to the City drainage easements over all detention areas, wetlands, and drainageways within the plat providing for limitations on the use of these areas and shown on the plat as drainage easements. 7. The subdivider has created protective covenants for all lots containing protected wetlands not included within conservation maps of the City of Orono. Covenants and site plans have been been drafted to identify these areas and the location of these areas within each lot. 8. The subdivider has executed a Subdivider ’s Agreement providing for the installation of improvements required as a condition of subdivision approval. The subdivider has posted security to ensure that these required improvements are completed to the City ’s satisfaction, subject to approval of the City Engineer. 8. Payment to the City of a park dedication fee in the amount of $25,670.00. 9. Payment to the City for the final plat review fee and fee for legal review and filing of the plat, easements and covenants in the amount of $400.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City or Orono hereby approves the plat of Hunter Pass, Hennepin County, Minnesota, subject to the following conditions: 1. Erosion control shall be maintained over all disturbed areas until natural groundcover is restored. Page 2 of 4 2. No building permits will be issued until a satisfactory road base and all drainage improvements have been installed per approval of the City Engineer. 3. Fencing for the protection of drainfield sites shall be placed prior to construction of roadway and drainage improvements, and such fencing shall remain in place until residences are completed on all four lots. 4. Prior to City release of the plat for filing, applicant shall provide evidence of Minnehaha Creek Watershed District approval. 5. The applicant shall grant NURP Pond/ Drainageway Easements to benefit the Lot Owners and the City, and shall provide for maintenance thereof by the Lot Owners. 6. Prior to City release of the plat for filing, applicant shall provide evidence of fee ownership of the property in a form acceptable to the City Attorney, and applicant shall meet any other title requirements as may be required by the City Attorney. 7. Applicant shall provide all documents noted in this resolution in a format acceptable to the City Attorney. 8. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before November 12, 1997 together with a certified original copy of this resolution and executed copies of the easements, deeds and covenants noted above. The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 12th day of May, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of May, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 ~ I —Mir— Control No. CITY OF 0R0«0 PRIVATE ROADWAY REQUEST A. The subject of this request is: B. C. D. an existing private roadway. a proposed private roadway which is to be created as a condition of pending subdivision approval. The iwner(s) of this Private Roadway and/or all abutting property will be (are) the owner(s) of the following described property: JLq't / . The above owner(s) hereby request that this Private Roadway be known by the following name: Choice No. 1 //uAJne^ Choice No. 2 ' Choice No. 3 (List three choices in order of preference. The City Council will approve a name provided no conflict exists with existing names or naming policy. If all names have a conflict, you will be asked to make new choices. The approved name will be used for all mailing address and official identification purposes.) The above owner(s) hereby request the City of Orono to install the following standard street and traffic signs and said owner(s) hereby agree to reimburse the City for all co'ts of said Installation. (Such signing may be required as part or a separate Developer's Agreement and/or subdivision request.) standard city street name sign(s) - number required _/ standard "STOP" sign(s) - number required _ _ _ _ _ _ standard traffic slgn(s) described below: - number required The above owner(s) do hereby acknowledge the (future) existence of said private road, and that the City of Orono has no obligation to maintain or service said private road, and that the City of Orono does not intend to acquire or open said private road as a public roadway. Signaturjg^s^ of owt|^(s Date Date Date Date KP HUNTER PASS Tv • t •r I I Tv I % * 0 *00 oiherwiia indicotad, ond odjoinlng rlght-of-«»ay Bnaa 09 ^wn on tha plot «• rrtr n • I ■ 11. . r * I 11. /zoo •«»4 *t COUNCIL MEET1NQ REQUEST FOR COUNCIL ACTION MAY 12 1997 ^oyoforon O ^ f DATE: May 5, 1997 ITEM NO. Department Approval: Name Elizabeth Van Zomeren Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2222 Joseph Vochko, 2925 Casco Point Road - Conditional Use Permit and Variance - Resolution This application was tabled at the April 28, 1997 City Council meeting because applicant was not present. Staff has spoken to the applicant and he will be at the May 12, 1997 meeting to answer any questions about the application. ' REQUEST FOR COUNCIL ACTION DATE: ITEM NO.: ^ Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description:#2222 Joseph Vochko, 2925 Casco Point Road Conditional Use Permit and Variance Public Hearing Zoning District: LRl-C, One Family Lakeshore Residential District (1/2 acre), Sewered Application:Applicant is seeking a conditional use permit to replace stairway and install a retaining wall within the 0’-75' setback. A variance is needed for hardcover in the 0'-75' setback. This is an after-the- fact application. Work has been stopped. The boulder wall is partially in place. Planning Commission Recommendation: To unanimously approve: 1.A conditional use permit for a boulder retaining wall, subject to the following conditions: a.The voids between the boulders shall be filled with vegetative growth to prevent piping and erosion. b.Good boulder to boulder contact shall be established during construction. If the boulders come loose in the future, they shall be replaced in their original position. c.If the boulders do not remain in place, then the boulders shall be restrained and pinned into the hillside. d.If the boulders do not retain earth after reinforcement, the conditional use permit shall be amended and the concrete retaining wall referenced in the 3/20/97 letter from GME consultants shall be constructed. 2. e.The boulder retaining wall shall be annually reviewed by the Building Official to determine compliance with the conditional use permit. A hardcover variance to allow for a boulder retaining wall and stairway in the 0'-75' setback to increase hardcover from 220 sq.ft. (4.8%) to 390 sq. ft. (8.6%). A 8.6% variance is required. COUNCIL ACTION REQUESTED: To approve the enclosed resolution.i \ (1 1 'i A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISIONS 19 THROUGH 21 FILE NO. 2222 WHEREAS, Joseph Vochko (hereii after the "applicant") has an interest in the properly located at 2925 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 96, Spring Park, and that part of vacated Lakeshore Avenue accruing thereto, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Code Section 10.22, Subdivision 2 to allow an increase in hardcover from 220 sq. ft. (4.8%) to 390 sq. ft. (8.6%) where no hardcover is allowed. Further, applicant has applied for a conditional use permit per Section 10.03, Subdivisions 19 through 21 for land alteration in the Shoreland District to install a boulder retaining wall. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2222. 2.The property is located in the LR-IC Zoning District where one-half acre is required. The property is sewered. 3. 4. This is an after-the-fact variance and conditional use permit application. The Orono Planning Commission reviewed this application on April 21, 1997 and recommended approval of the proposed variance and conditional use permit based upon the following findings: Page 1 of 4 ■ 5. 6. A. The steep topography of the lot requires a stairway to access the lake front. B.Conrtruction activities will include excavation and placement of boulders along the shoreline. The Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary to alle-. .lie a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional use permit to allow proposed installation of a retention wall will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 to allow a hardcover variance for boulder retaining wall and stairway in the 0-75’ setback to increase hardcover from 220 s.f. or 4.8% to 390 s.f. or 8.6% where no hardcover is normally allowed and has requested a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 through 21 for land alteration in the Shoreland District. The above conditional use permit and variance to allow the construction of a stairway and installation of a toulder retaining wall subject to the following conditions: 1.The voids between the boulders shall be filled with vegetative growth to prevent piping and erosion. Page 2 of 4 2.Boulder-to-boulder contact shall be established during construction. If the boulders come loose in the future, they shall be replaced in their original position. 3. 4. If the boulders do not remain in place, then the boulders shall be restrained and pinned into the hillside. If the boulders do not retain earth after reinforcement, the conditional use permit shall be amended and the concrete retaining wall referenced in the 3/20/97 letter from GME consultants shall be constructed. 5. 6. 7. 8. ATTEST: The boulder retaining wall shall be annually reviewed by the Building Official to determine compliance with the conditional use permit. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (April 28, 1998). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 28th day of April, 1998. Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner(s) Page 3 of 4 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 28th day of April, 1998 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared ___________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared ________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 TO;Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator 1 FROM: Liz Van Zomeren, City Planner/Zoning Administrator • DATE:April 16,1997 SUBJECT; #2222 Joseph Vochko, 2925 Casco Point Road, Conditional Use Permit and Variance - Public Hearing Zoning District: LRl-C One Family Lakeshore Residential District (1/2 acre) Application: The applicant is requesting a conditional use permit and hardcover variance to replace a stairway and install random boulders for a retaining wall within 75' of lakeshore. This is an after- the-fact application. Work has been stopped. The boulder retaining wall is partially constructed. List of Exhibits A - Application B - Plat Map C - Address Map D - Property Owner ’s List E - Hardcover Calculation F - 1/30/97 Letter to Eugene Strommen G - 1/31/97 Letter to Eugene Strommen H - 2/12/97 Letter to Stephen Spartz I - 2/18/97 Letter to Stephen Spartz J - 2/19/97 Letter to Applicant K - 2/24/97 Letter to Applicant L - 2/29/97 Letter to Consultant M - 2/28/97 Letter from Consultant N - 3/20/97 Letter to Stephen Spartz O - Survey P - Pictures Pertinent Ordinances 1.Section 10.03, Subd. 19 - Prohibition. It is unlawful for any person to remove, fill, or use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar material within the limits of the City; to fill or reclaim any land by depositing such material or by grading of existing ^2222 Joseph Vochko 2925 Casco Point Road 4/21/97 page~I 2. 3. land so as to elevate or alter the existing natural grade; or to build, alter, or repair any seawall, retaining wall, or to otherwise change the grade or shore of lakeshore property without a conditional use permit issued by the Council. All of the above referenced land alterations involving filling and grading shall be performed with only "clean fill" as defined in Section 10.02. Granting of such permits is subject to other regulations and prohibitions of the City Code, and other applicable statutes or ordinances of other governmental bodies. Section 10.56, Subd. 16(J)(2) - Grading, filling and excavating is prohibited within 75' of the Ordinary High Water Level of the public waters enumerated in Subdivision 7 of this section. Section 10.56, Subd. 7 - Classification of Public Waters. The public waters of the City of Orono have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Hennepin County, Minnesota: A. B. C. D.Tributary Streams Painters Creek Stubbs Bay Creek Long Lake Creek if2222 Joseph Vochko 2925 Casco Point Road 4/21/97 page-2 Protected Waters Natural Environment (NE) Lakes OHWL Inventory I.D. U Lake Classen 974.5’162-P Dickey Lake 985.5’161-W French Lake 140-P North Basin:930.5’ Sewage Lagoon:934.3’ South Basin:930.0’ Lydiard Lake 970.9 159-P Lake Katrina mm 154-P Wolsfeld Lake (Medina)—157-P Protected Water Recreational Development fRD'l Lakes OHWL Inventory I.D. # Long Lake 944.3’160-P Mooney Lake 988.0’134-P Tanager Lake 929.4’141-P Hadley Lake (Plymouth)961.4’109-P Protected Water General Develonment (GD'l Lakes OHWL Inventory I.D. # Forest Lake 929.4’139-P Lake Minnetonka 929.4’133-P Wolsfeld Creek Dickey Lake Creek HARDCOVER ANALYSIS 4. Section 10.22, Subd. 2, Lakeshore Hardcover Distance from Shoreline Total Area in Setback Hardcover Allowed Existing Hardcover Proposed Hardcover Variance Request 0'-75’4.540 sq. ft.None 220 sq. ft. (4.8%) 390 sq. ft. (8.6%) 390 sq. ft. (8.6%) The proposed boulder retaining wall and granite stairway increase hardcover from 220 sq. ft. or 4.8% to 390 sq. ft. or 8.6% where none is allowed. Description of Request Tlie applicant has indicated that he wants to replace an existing stairway made of railroad ties with a granite stairway. The applicant also wants to have a retaining wall at the shoreline constructed of boulders for a more natural appearance. Issues 1. This is an after-the-fact application. 2. It is difficult to quantify the stability of the random boulders. 3. The proposed stairway and retaining wall require a hardcover variance of 390 sq. ft. or 8.6%. Staff Recommendation To approve the hardcover variance and conditional use permit, subject to the following: 1.The voids between the boulders shall be filled with topsoil and vegetative growth to prevent piping and erosion. #2222 Joseph Vochko 2925 Casco Point Road 4/21/97 page-3 I ——- 2. 3. 4. Good boulder to boulder contact shall be established during construction. If the boulders come loose in the future, they shall be replaced in their original position. If the bouldere do not remain in place, then the boulders shall be restrained with heavy gauge wire mesh placed in front of the boulders and pinned into the hillside with earth anchors. Steel bearing places or similar devices shall connect the wire mesh to the earth anchors. If the boulders do not retain earth after reinforcement with wire mesh and earth anchors, the conditional use permit shall be amended and the concrete retaining wall referenced in the 3/20/97 letter from GME consultants shall be constructed. 5.The boulder retaining wall shall be annually reviewed by the Building Official to determine compliance with the conditional use permit. #2222 Joseph Vochko 2925 Casco Point Road 4/21/97 page—4 h •••"■' .{ • V.-? Appl^tion tf Date Received /c;?: 3, Amount Paid /_ZC. ot CITY OF OROl^'t GENERAL LAND USE'APPLICATION PROPERTY LOCATION yf y, Site Address 2- f 2-/^ /^o7yrf Type of Application to be Filed Agy’/(^gy/-;*2-/ Property Identification Number (P.I.D.) 2^o (/ y 2^> APPLICANT Phone (home ) Y7/-^<^/r' Name (/oc A/^ ^_____ Phone (work) Addres s City ay Zip OWNER (if dilTerent than applicant) Name Phone (home) Phone (work)_ Address City Zip. Date Property Acquired / V _ (month/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $ 75.00 For each variance request with CUP application $175.00 Residential Accessor}' Use ____$250.00 Institutional (church, school, etc.) ____$225.00 Guest House/Guest Apartments ____$200.00 Duplex Credit/Bldg ____$300.00 Commercial/Industrial Use ____$250.00 Land Alteration _____ Grading and filling - designated wetland or floodplain _____ Grading and filling - 101 cu. yd. or more ^ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ______$250.00 Commercial Site Plan Review (+ consultant fees) ______$300.00 Vacation _____$200.00 Easement Vacation ______$100.00 Easement Vacation With Subdivision ______$350.00 Rezoning (PUD - refer to fee schedule) ______$350.00 Comprehensive Plan Amendment ______$100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District 6-^/^ Present Use of Property Residential 02/21/97 Pay 175.00 Other (specify)______ REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. 9. Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). Certificate of Survey (signed by a licensed surv’eyor) - refer to handout for suiv^ey information. Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owTier(s). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _______________Date________________________ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application rmd further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. OvvTier's signature ~7/ Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building Zoning Office of this change prior to the meeting. /. ^ u } GOVT LOT 5 ?(iir • ^ #♦ _ A • • dl^A tj COUi)i< Ia> iDOi 11'- II /P fr ^/s> 3'-ft\U ,',•'7(15/54 '(': Wt^.'.V B «,<5'7-i;.-Ka» ^ S»/'u5 V a(54 .(34)3 c ‘ \ \< T (»: _«5> >i: & Oi —» I • / r % S ’■ /. I C% G iv Ac ^ ^ ^ r : /^•'.7> * •S .C ■'‘M RUN DATE 02/10/97 BATCH 505 PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAWAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR HE^04EPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST36 20-117-23 31 0004 03703 CASCO AVE CARLOTTA F GABLES CARLOTTA F GABLES 3703 CASCO AVE NAYZATA MN 55391 38 20-117-23 31 0021 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LA14D CITY OF ORONO PARK 4/13/79 ST DEED 156754 38 20-117-23 31 0026 02900 CASCO POINT RD 0 SIGAFOOS ETAL DONALD SIGAFOOS 2900 CASCO PT RD NAYZATA MN 55391 38 20-117-23 31 0032 02916 CASCO POINT RO . ROBERT H POWELL JR ETAL ROBERT H POWELL JR 2916 CASCO POINT ROAD NAYZATA MN 55391 38 20-117-23 31 0035 02940 CASCO POINT RO S C A L M HANSON SCOTT C A LYNETTE M HANSON 2940 CASCO POINT RD NAYZATA MN 55391 38 20-117-23 31 0042 03600 CASCO AVE RICHARD J HAEFELE A WIFE RICHARD HAEFELE 3600 CASCO AVENUE NAYZATA MN 55391 38 20-117-23 31 0005 03709 CASCO AVE R PRESLER/E J PRESLER TRSTES ROBERT PRESLER 3709 CASCO AVE NAYZATA MN 55391 38 20-117-23 31 0022 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PARK 4/13/79 ST DEED 156754 38 20-117-23 31 0027 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF OROm PARK 4/13/79 ST DEED 156754 38 20-117-23 31 0033 02920 CASCO POINT RO PEGGY R SMITH PEGGY R PICHELMAN 2920 CASCO POINT RD NAYZATA MN 55391 38 20-117-23 31 0036 02948 CASCO POINT RD ROBERT C LAPINSKI AND WIFE ROBERT C UPI^^SKI 2948 CASCO POINT ROAD NAYZATA MN 55391 38 20-117-23 31 0045 02975 CASCO POINT RD STEWART R PERRY STEWART R PERRY 2975 CASCO POINT ROAD NAYZATA MN 55391 REPORT NO. PI435401 PAGE 1238 20-117-23 31 0020 02874 CASCO POINT RD PENNY J SAIKI PENNY J SAIKI 2874 CASCO POINT RO ORONO MN 55391 1 38 20-117-23 31 0023 00038 ADDRESS UNASSIGM D PENNY J SAIKI PENNY J SAIKI 2874 CASCO POINT RD ORONO MN 55391 . i *,• • 38 20-117-23 31 0028 02910 CASCO POINT RD PHILLIP A BETTY NICCUM PHILLIP J NICCUM 2910 CASCO PT RD NAYZATA MN 55391 f A , V // 38 20-117-23 31 0034 02930 CASCO POINT RD MARVIN E MENTH ET AL N/L M E MENTH SEE MENTH 2930 CASCO POINT RD NAYZATA MN 55391 38 20-117-23 31 0041 03630 CASCO AVE P GRAFFUNOER A K GRAFFUNOER PETER A KERRY GRAFFUNOER 3630 CASCO AVE NAYZATA MN 55391 38 20-117-23 31 0047 02941 CASCO POINT RO WILLIAM H HENNEY WILLIAM H HENNEY 2941 CASCO POINT RO NAYZATA MN 55391 d RUN DATE 02/10/97 BATCH 505 PROP ADDR ONNER NAHE TAWAYER NAME/AODR PROP ADDR O^MER NAHE TAXPAYER NAHE/ADDR PROP ADDR OHNER NAHE TAXPAYER NAHE/ADDR PROP ADDR ONNER NAHE TAXPAYER NAHE/ADDR PROP ADDR ONNER NAHE TAXPAYER NAHE/ADDR HENNEPIN county PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST SB 20-117-23 31 00^8 02933 CASCO POINT RO A F 6ALL1STEL JR ETAL A F GALf.ISTEL 2933 CASCO PT RD HAYZATA HN SS391 38 20-117-23 31 0051 02915 CASCO POINT RD R C KAIL ft C L KAIL RICHARD C KAIL ft CAROL KAIL 2915 CASCO POINT ROAD HAYZATA MN 55391 38 20-117-23 31 005^ 02879 CASCO POINT RD L D ft K E ELSEN LANRENCE D ft KATHERINE ELSEN 2879 CASCO POINT ROAD HAYZATA MN 55391 38 20-117-23 31 0063 02965 CASCO POINT RD JOSEPHINE B KNUDSON JOSEPHINE B KNUDSON 2008 PINEHURST AMES lA 5501^ 38 20-117-23 31 0072 02912 CASCO POINT RO M D BARRETT ft D M BARRETT MICHAEL 0 BARRETT 2912 CASCO POINT RD HAYZATA m 55391 38 20-117-23 31 00^9 02927 CASCO POINT RD FREDRICK JOm HEY ET AL F J HEY ft H A FRAMPTON 2927 CASCO POINT RD HAYZATA MN 55391 38 20-117-23 31 0052 02905 CASCO POINT RD STEPHEN L VOlirEHILL STEPHEN L H:IITEHILL 2905 CASCO POINT RD HAYZATA MN 55391 38 20-117-23 31 0055 02917 CASCO POINT RD H N MAXHELL JR ETAL HAYNE MAXJ-IELL JR 2917 CASCO POINT RD HAYZATA MN 55391 38 20-117-23 31 006^ 02967 CASCO POINT RD T ft D ROZEBOOM THEODORE ft DEBORAH ROZEBOOM 2967 CASCO PT RD HAYZATA MN 55391 38 20-117-23 31 0073 02918 CASCO POINT RD JEFFREY L FAWBUSH ET AL JEFFREY L ft RENAE T FAHBUSH 2918 CASCO POINT RD HAYZATA 55391 REPORT NO. PI435^01 PAGE 13 38 20-117-23 31 0050 02925 CASCO POINT RD JOE VOCHKO JOE VOCHKO 2925 CASCO POINT RD HAYZATA MN 55391 38 20-117-23 31 0053 02895 CASCO POINT nn RICHARD G HELSTROH ETAL RICMaRO G HELSTROM 2895 CASCO POINT RO HAYZATA MN 55391 , w • • l-J 38 20-117-23 31 0060 02970 CA5tCO POINT RD J S B MARIINSON JERRY S DONNIE MARTINSON 2970 CASCO POINT RD S HAYZATA m S5391 38 20-117-23 31 0065 00038 ADDRESS UNASSIGNED CITY OF ORONO THE CITY OF ORONO 1335 BROUN RD S crystal bay MN 55323 ■' ‘‘V*. I I' TOTAL batch 505 0C032 1 RUN DATE 02/10/97 BATCH SOB • ", M5 rt* V I l.w-r.. • • t-'-c / ^ •. I ^^ >♦*.. ..Xi . S'*-'! HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OfrWERS LIST REPORT NO. PI435401 PAGE 14 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOI^ILEDGE AND BELIEF. DATE 2'/I-'37 • 4•il■ i: j » I : 1 4 . 1 •. 1 • 03/14/97 16:35 F J WXHKO ■* 5469065 HARDC0VH^€3<^CULATI0N worksheet SETBACK ZONE: (CIRCLE ONE) F.YTSTING HARDCOVER IN ZONE NO.057 P005 A. House Length X X X B. Garage C. Driveway D. Sidewalk E. Paiio/Dcck ^ F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X G. Other TOTAL HARDCOVER IN ZONE total property AREA IN ZONE z,Zc:>B PROPOSED HARDCOVER IN ZONE A. House __________— ^ Lengih X X X B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other vd<\\i5 4C. 4o riokO X X X X X X X X X TOTAL PROPERTY AREA IN ZONE A _ _ 75-250*250-500 ’ • • 8 .,soo-iooo!-.r,^. s S.F.‘ /width S S.F. s S.F. r=_S.F. S.F. s S.F. 8 S.F. •S.F. c:S.F. S.F. s 'ZZO S.F. —iSl----S—2 --------^ S.F. =S.F. 8 S.F. ft S.F. -L'LO S.F. 4S40 S.F. *45^0 xlOO ss 4-.9.% S.F. Width =S.F. 8 S.F. 8 S.F. S.F. S.F. 8 S.F. S.F. 8 •S.F. g.S.F. S'8 -2.30 S.F. S.F. 8 S.F. 8 S.F. A ( MetnqsO 8 l(oO S.F. S.F. 4-S40 S.F. 4S4C XlOO tr ^ • L?% A B A B 'f GITYofORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailins Address: P.O. Box 66 Crystal Bay, MN 55323 0066 Eugene R. Strommen Executive Director Lake Minnetonka Conservation District 900 East Lake Street Wayzata, MN 55391 RE: Rip Rap Permit at 2925 Casco Point Road Dear Gene: It is our understanding based on the most recently amended improvement plan that the rip rap project will extend the OHWL a maximum of 8', even at the most indented piece of shoreline, and that no attempt will be made to straighten the shoreline as prohibited by DNR regulations. Any fill placed behind the rip rap or to the land side of rip rap is regulated by the City of Orono Land Use Regulations Section 10.03, Subd. 19 as follows: "It is unlawful for any person to ... change the grade or shore of lakeshore property without a conditional use permit issued by the Council ...." Also Section 10.56, Subd. 16 (J) (2) states: (also reference Section 10.56, Subd. 7 enclosed) "Grading, filling and excavating is prohibited within 75' of the OHWL ..." These specific ordinance section s are enclosed for your information. The City's ordinances will require both a conditional use permit and variance to perform any land alterations behind or to the land side of the rip rap. Please contact my office if you have any further questions. Sincerely, Bruce Veuig Building Inspector BV/lsv Telephone (612) 473-7357 • FAX 4734)510 cc:Ron Moorse, City Administrator Jeaime A. Mabusth, Building & Zoning Administrator Lyle Oman, Building Official Greg Gappa, Director of Public Services Elizabeth VanZomeren, Planner Steve Spartz Enc. Section 10.03, Subd. 19 Section 10.56, Subd. 7 Section 10.56, Subd. 16 (J) (2) fj § 10.03 B, The establishment of any new building for the housing of animals or fowl shall be located 150 feet from the nearest lot line. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 C. Products produced on the farm may be sold at retail. One temporary roadside stand may be established for conducting such business. One temporary business sign not over eight square feet in area may be located in the front yard during the period when products are for sale. Off-street parking must be provided for. Source: Ordinance No. 172 Effective Date: 1-1-75 Subd. 19. Prohibition. It is unlawful for any person to remove, fil.l, or use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar material within the“limits of the City; to fill or reclaim any land by depositing such material or by grading of existing land so as to elevate or alter the existing natural grade; or to build, alter, or repair any seawall, retaining wall, or to otherwise change the grade or shore of lakeshore property without a conditional use permit issued by the Council. All of the above referenced land alterations involving filling and grading shall be performed with only “clean fill” as defined in Section 10.02. Granting of such permits is subject to other regulations and prohibitions of the City Code, and other applicable statutes or ordinances of other governmental bodies. Source: Ordinance 47, 2nd Series Adopted: 2-22-88 Subd. 20. Permit. An application for such permit shall be accompanied by a drawing made by a registered surveyor or other competent person showing the location of the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or stored, filled or graded, and such other information as the Council may require from time to time. Applications shall be filed with the City Administrator and shall be accompanied by a deposit to be determined by the City, which will be used to offset the cost of processing the application. Any unused portion will be refunded to the applicant. ORONO CC 258 (4-1-84) § 10.56 2. Intensive vegetation clearing within 75 feet of the shoreline and on steep slopes within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than 6 inches in diameter and cuttingr pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accomodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lock boxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. J. Topographic Alterations/Grading and Filling. 1. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, ^ sewage treatment systems, and driveways shall adhere to the grading and filling standards of this section. y 2. Grading, filling and excavating is prohibited within 75* of the Ordinary High Water Level of the public waters enumerated in Subdivision 7 of this section. 3. Public and private roads, driveways, parking areas, and public or private watercraft access ramps shall not be constructed within 75* of the Ordinary High Water Level of the public waters enumerated in Subdivision 7 of this section*> If no alternatives exist, such improvements shall be subject to the standard zoning variance review procedure, and such review shall take into account the following considerations: a. Such improvements shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. designed and constructed waters consistent with jurisdiction. 4. permits for construction and driveways, a land follows: b. All roads and parking areas shall be to minimize and control erosion to public the requirements of all agencies with Except for those projects requiring of structures, sewage treatment systems, alteration permit will be required as ORONO CC 376-14 (2-24-92) § 10.56 Subd. 5. Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland areas; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this section and other applicable regulations. Subd. 6. Enforcement. The Zoning Administrator is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to Subdivision 10 of this section. Public Waters. The public classified below consistent Regulations, Part 6120.3300, Map for Hennepin County, Subd. 7. Classification of waters of the City of Orono have been with the criteria found in Minnesota and the Protected Waters Inventory Minnesota; A. Natural Environment (NE) Lakes Lake Classen Dickey Lake French Lake North Basin; Sewage Lagoon; South Basin; Lydiard Lake Lake Katrina Wolsfeld Lake (Medina) B. Recreational Development (RD) Lakes Long Lake Mooney Lake Tanager Lake Hadley Lake (Plymouth) C. General Development (GD) Lakes Forest Lake Lake Minnetonka D. Tributary Streams Painters Creek Stubbs Bay Creek Long Lake Creek Wolsfeld Creek Dickey Lake Creek OHWL 974.5* 985.5* 930.5* 934.3* 930.0* 970.9 Protected Waters Inventory I.D. # 162-P 161-W 140-P OHWL 944.3* 988.0* 929.4’ 961.4’ OHWL 929.4’ 929.4’ 159- P 154-P 157-P Protected Waters Inventory I.D. # 160- P 134-P 141-P 109-P Protected Waters Inventory I.D« # 139-P 133-P ORONO CC 376-6 (2-24-92) Ck GITYofORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 January 31, 1997 Eugene R. Stromnien, Executive Director Minnetonka Creek Watershed District Gray Freshwater Center 2500 Shadywood Road Navarre, Minnesota 55331 Re: Rip Rap Permit, 2925 Casco Point Road Dear Gene: At your request, a copy of the amended rip rap plan for the above referenced property has been enclosed. You have also asked for more detail on the City's approval of specific land alterations to be completed on the land side of the rip rap project. You have already been advised that the City did not approve the original plan that would have called for the filling of 30 cubic yards of material. This intense a filling project would have required a conditional use permit and variance approval from the City of Orono. Mr. Spartz and Bruce Vang, Orono's Building Inspector, have agreed that final land alterations required to the land side of the rip rap will be approved by Bmce at the time of a site inspection. Mr. Spartz has agreed to call Bruce when the snow has been removed and the distburbed area is ready for restoration. Bruce has advised that it is impossible to make a determination but it is hoped that the borrowing of fill will be limited to "a wheelbarrow full or two of black dirt". It is difficult for staff to make any definite estimates as the information presented to the City is limited to the cross section of the rip rap. We do not have a plan view, survey or topographic map. At the time the snow is cleared away, the inspector hopes to be able to see what the shoreline actually looks like. The goal for the City and we hope for the landowner is to provide an appropriate amount of topsoil so that groundcover is restored to all disburbed areas. The City has not approved any major changes in existing elevations or topography within defined work area of this rip rap project. Telephone (612) 473-7357 • FAX 4734)510 J Mr. Eugene R. Strommen January 31,1997 Page 2 Please contact the City offices if you have any further questions of the City to complete the permit review for the land owner. Sincerely, Jeanne A. Mabusth Building & Zoning Administrator JAM/ch cc:Stephen Spartz, Landview Landscaping, 3670 Highway 7, Excelsior, MN 55331 Ron Moorse, City Administrator Bruce Vang, Field Inspector Lyle Oman, Building Official .Gregory A. Gappa, Director of Public Services V Elizabeth A. Van Zomeren, Planner/Zoning Administrator Random Cross Section ***6^ leveled loT>cf1er service the ripi’aps purpose.ScaleWatervraiida Shomvard Distance Varies Maximum 8’ 2nd] ock Keldsitenc 24=1 I 3"-2 fiUU am Ft ?ld«e<o ' 0* !• 5 ”X6" Brmvn Ti«dicd Timber Boarder Topsoil Needed OrikrnlSUmg&mimSi: 9315 Floodplain Level liter Vlateiial WlivcrRock3/4"-15 Undeiijing Sand/Gravel Base Reck Fleldstone \ Geotexlile Filter Fabric ^ Crushed Limestone 2-6 27*33" CTF1OU or Equivalent 2:1 Maximum ilnished slope Project : Joe Vocliko 2925 Casco Point Road 60 lineal Feet of slioreline Orono.MN 55391 The maximum finished rock slope sitall not exceed slope 2:1 i GITYofORONO MunJctpal Offices Street Address: 2750 Kelley ParVway Orono, MN 55356 Mailing Addnts: P.O. Box 66 Crystal Bay. MN 55323 0066 February 12, 1997 Stephen Spartz 3670 Highway 7 Excelsior, Minnesota 55331 Rc: I.akeshore Work at 2925 Casco Point Road. Orono, MN Dear Mr. Spartz: Enclosed arc citations #3970531228 and #3970531236 for working within 75' of Lake Minnetonka and working after a stop order was posteu Citation #3970531210 has been \ oided because of an error made in quoting the code section. If you have any questions, please feel free to contact me at my office. Sincerely, — Lyle Oman Building Official LO/ch Enc. Citations and Orono Municipal Code Sections 10.56, Subd. 16 (J)(2) and 12.08, Subd. 6. cc: Jeanne A. Mabusth, Building & Zoning Administrator Bruce L. Vang. Field Inspector Elizabeth A. Van Zomcren. Planner/Zoning Administrator u/ Tdepbone (612) 473-7357 • FAX 473-0510 GME COniSULTAIUTS, INC. CONSULTING ENGINEERS 14000 21st Ave. No./Minneapolis. MN 55447 Phone 1612) 559-1859 / Fax (612) 559-0720 February 18, 1997 . > . • • * * :-.V J -» • ••n Mr. Steven G. Spartz Landview Landscaping 3670 Highway 7 Excelsior, Minnesota 55331 GME Project No. 6721 RE: Design recommendations for the block retaining wall construction at the Vochko residence in Orono, Minnesota Dear Mr. Spartz: This report presents our design recommendations for the proposed granite block retaining wall at the Vochko property in Orono. This work was performed in accordance with your written acceptance of our contract dated February 13, 1997. Project Description The property owner, Mr. Joe Vochko, has retained you to construct a granite block retaining wall on the residential lot at 2925 Casco Point Road in Orono. The existing wooden stairway and timber retaining walls leading from the residence down to Lake Minnetonka have been removed. You plan to reconstruct the stairway and retaining walls using cut Cold Spring granite blocks and slabs. Each granite retaining wall block is trapezoidal in shape with dimensions of 6-5/8 inches high by 10 inches deep by 14 inches long. Each block weighs approximately 80 pounds. We have attached with this report a copy of the site plan you prepared showing the location of the wall and wall heights. The v/all will have a maximum height of 5.25 feet in one corner of the walkway (designated as the intersection of walls A and B) . From this corner, the wall will slope downward to a minimum height of 1.84 feet (three blocks) . At the tallest wall sections, you plan to anchor the blocks into the hillside using conventional helical screw anchors fastened to the blocks with threaded anchor bolts. The walls and stairway will be constructed at the same location and same heights as the previous timber wall. WILLIAM C. KWASNY, RE. GREGORY R. REUTER. PE. MARK D. MILLSOR RG. THOMAS PAUL VENEMA. RE. CHARLES M. ALLGOOD. RE. SANDRA J. FORREST. RG. An Equal Opportunity Employar WILLIAM E. BLOEMENDAL. RE. MERVYN MINDESS. RE. STEVEN J. RUESINK. RE. » _ Mr. Steven Spartz GME Project No. 6721 - . — . • .. ■ I »r- • fnJ .2 February 18, 1997 As an additional component of the project, you have placed 3 foot diameter boulders approximately 4 to 5 feet behind the existing rock riprap along the level bench in the slope at the toe of the hillside. These boulders were placed for erosion control at the toe of the slope. This spring, you plan to fill the voids between the boulders with soil to establish a vegetative growth. Scope of Services Our scope of services for this project, as outlined in our contract, is limited to providing design and construction recommendations for the proposed granite block retaining wall, and also to present our evaluations concerning the suitability of the boulders for erosion protection. Our scope of services do n^ include a global stability analysis of the hillside. Our wall recommendations will only be provided with respect to local stability of the wall system and erosional stability of the boulder facing zone. Recommendations 1 information is not available, therefore, we have had to make ceistiin assumptions for our design. We assume that the foundation and -lined soil will consist of stiff sandy clay till havino . moist unit we.yht of 130 pounds per cubic foot, a drained frictic.r' v of 27®, and a remolded undrained shear strength of 250 pounds per square foot. The walls should be embedded at least one block course (6.5 inches) below final grade in front of the wall. We recommend that the lowest block layer bear on a compacted gravel or crushed stone base having minimum dimensions of 6 inches deep by 18 inches wide. The gravel should conform to Mn/DOT 3149.2B. The gravel or crushed stone base should be compacted to at least 95% of the maximum Standard Proctor dry density, ASTM: D 698. Prior to constructing the granular base, the exposed clay subgrade should be observed for soft or loose zones. These zones would require additional subcutting and replacement with compacted granular fill. A 1 foot wide piece of filter fabric (Mn/DOT 3733, Type 1) should be placed on top of the gravel base course, beneath the joint between the lowest block course and the granite walkway slab in front, to minimize pumping of the base course through the joint. The fabric should not extend beneath the entire width of block. We recommend that the block wall be constructed with a slight batter of 6® (3/4 inch setback per block) back into the retained embankment. We recommend that the backfill within at least 6 inches of the back of the wall consist of free draining granular fill such as Mn/DOT 3149.2H. At the base of the drainage layer, we recommend placing a 4 inch diameter slotted pipe (Mn/DOT 3278) wrapped with a Type I filter fabric (Mn/DOT 3733). The drain pipe should allow gravity drainage of accumulated water away from the walls. Therefore, the pipe should daylight down slope. GME CONSULTANTS. INC. V; Mr. Steven Spartz GME Project No. 6721 .(J.O ■■•%. f . • / • • - •*. • %v ,» . > 4t h j February 18, 1997 Where the walls are higher than three block courses in height, we recommend that each block (including the blocks below three block courses) be adhered together with a high modulus outdoor construction epoxy, such as Hilte ClOO or Seca 32. The use of the epoxy is required since the blocks have very little block to block shear resistance. Please be advised, however, that by adhering the blocks, some cracking may occur over time, due to frost induced movement. Where the wall is higher than four block courses in height, we also recommend restraining the wall by the installation of earth anchors. The anchors should be 5 feet long and have a single 6 inch diameter helix at the end. Anchors should be attached to the fourth and seventh block courses. We recommend that the anchors be spaced two block courses horizontally. We have amended your elevation drawings to indicate the location of the anchors. These amended drawings are attached. The anchors should be carefully rotated horizontally into the clay soil. Careful installation of the anchors will be required to reduce disturbance of the clay as the helix and shaft enter the soil. Each anchor must be installed so that the entire 5 foot length is e.tibedded into the soil. The anchor should be properly tensioned and appropriately secured to the block. In our opinion, the attachment detail you indicate on your drawings would be adequate. Included with this report is a diagram that you had prepared outlining the bluff toe protection that you have partially implemented by the installation of the 3 foot diameter boulders. During our site visit of February 12, 1997, we observed that the boulders had already been placed. We recommend that the voids between the boulders be filled with topsoil, and that the vegetative growth be established (Mn/DOT 2575) on the exposed topsoil between the boulders. Some slumping of the topsoil may occur with time, into the voids, and these slumped zones should be backfilled with topsoil, and vegetation should be re established. In our opinion, this toe protection should be adequate for erosion control of the exposed slope face at the location of the boulders, provided that adequate vegetation can be established and maintained between the boulders. Concludlna Comments We recommend that you complete the "Project Quality Contractor - Project Completion Form" after construction. It is understood by all parties that the contractor will be responsible for the methods and results of his/her work. We will not warrant, assure, or guarantee the work of the contractor. The contractor must comply with the latest OSHA regulations for trench and slope excavation, and general construction site safety. The contractor must designate one of his field personnel as the OSHA "Competent Person" who must be capable of identifying existing and predictable hazards on site, including temporary slope stability. The Competent Person must have authorization to direct prompt corrective measures to eliminate hazards. GME will not accept any responsibility or liability for construction safety on this project. GME CONSULTANTS. INC. ^ SCALEfrt) ^ GME CONSULTANTS. INC. O«ot«chnicol • Motsriala • Environfn«ntcl 14000 2bt Av«nu* N. Miw«apol«. Mm«*ota 55447 («2) 559H850 JLH TYPICAL SECTION WALL A VOOKO RESDBJCE ORONO. MM^SOTA GRR FEB 97 G^C Project No. 6721 ^ \ ^ CO A in Exnct cntion Previous ^tnirvny*GhE NO. 6721 VOOKO RESDENCE ORONO. rtJNESOTA Droffi^ Prepared by Londview Landscaping with modirications by GME Consultants Vail e I’i 2.375' Height ^tng^erod Up Riprap I .M' Height ^tn^^ered up Hill Turning 6tap Turning ^tap I .&A' Height ‘ptn^gored Up HI I I Vail P ■4X6' Platform Pemoved n —^>hrul»* ♦ Graun4cavar Plantail in Pauliar VolJ* *<•<•*£ Int^Pluf^Taa Plujf Toa^‘Jt aVa I aiat I an. Vail —I .64' Height ^ta^^ered Up Hill •-J' >f * * ‘ ‘~.d • r. •■«». . I. • ••< » '^v•) i» M . • *•' / . % • V ! ; • 'V SITE PLAN WALL SECTION C. D. E. F VOOKO RESCeiCE ORONO. ff^SOTA Dron^ Prepared by Londviev Londscopng with modirications by GME Consultants < \ . ■ ■■■.: j * 'be oX \ ox\ W^i O' CsJ A AnchiJr Unit«> Arc Marked On De\on Dlock*> Ca^ Unit^ I C— 1V/5 =F=P '^//y V//V/y 1 V/y ----------r>u\ Cap Unit 0 c k*» Tyrnln^ ^Itp Ansh#r Unit^ Tttmtni ^tff dh 6 iMh OidMttr Htlx — sri. U) AMlifr Prlllti lit* Hill ifc:I Afichfr Ani Dp\% Thr^yjli Dl#ck -CE I /H* Thr««i«4 Ancli#r D«lt Drill I /^* Kbit At Aii|lc In Mliiln #f Dl#ck Nut «ni Wn^kur 6r«nit« DItfck NOTE [/^/ Dtiljialt ok K ot locoHot WALL SECTION A GME NO. 672 VOOKO RESDBICE ORONO. ^fi€S0TA Drawing Prepared by Londviei Landscaping vilh fflodincations by G1E Consiitonts . ■ () 'I • . .»• ( C ^ . i GME Consultaits WALL SECTION A IS I) T .*1 . / 'I ■‘.') ) v»* > u ^0 u 0 e Out cae r Nit«: AatrUii CictUitr Crt$l«a C#Rtr#l Pilltr PibrU Uilil tfrlu§ flifa Aiii W##4clilff Art 01 e c t I c> n ; 6Pir« M na Plucti Of$rOUtrui$d Ar«« Cxi^tln^ 6r«4# V^oichlp^ ^fr$sd Arcund ^0uld$r^ «fi4 ^hrub«. rub*?. I 3* ^Rttl4«r« Calr«i4«4 In Tr« Of Dluft For Dluft Too Frotoct I on/^toyo 11 zot i on, BLUFF TOE EROSION PROTECTION GME NO. 6721 V0CH<0 RESD0JCE ORONO. MNhESOTA Drcnring Prepared by Londview Landscaping with modirications by GME Consultants r • •• , • • GME CONSULTANTSi INC. Geotechnical • Materiais • Environmental 140CX} 21st Avenue Na Mkmeapois. MN 55447 MODULAR BLOCK RETAINING WALL PROJECT QUALITY CONTRACTOR - PROJECT COMPLETION FORM (To be submitted to GME Consultants, Inc. upon completion of the job) Project Name Address Wall Size Via 11 Height: Maximum Minimum Your Company Name . General Contractor Wall Installer (if different) Your Project Manager Your Project Foreman Completion Date CERTIFICATION (to be signed by persons directly constructing and/or supervising said construction) I certify that the above noted project was completed in accordance with the design recommendations. Installer's Name Installer's Signature Company Officer (Please Print) Officer's Signature _ _ _ _ _ __ Title Date . Title Date . OATE: February 19,1997 F.J. VOCHKO CO. 2925 Casco Point Road Wayzata, MN 55391 Main: (612)471-8615 Fax; (612)471-8715 fjvco@pciink.com NO. OF PAGES: 2 J TO: ATTN: RE: City of Orono Planning Commission Building Permit Application For Random Placed Boulders and Replacement of Hillside Stairway To whom it may concern; I live at 2925 Casco Point Road. My land is flat, and as you approach the lakeshore, there is about a 20 foot hill descending to a flat beach area at the base of the hill, which then has rip rap descending into the lake. I purchased my property three years ago and this Is where I plan to live the rest of my life and raise a family. I am getting married this fall. It was my dream to live on Lake Minnetonka and now it is my goal to improve my property. I would like to request a Building Permit to do the following. Replace Stairway The present stairway is built into the hill and has a switch back as it descends down the hill to the lakeshore. The previous owners built the stairway out of used railway ties which were probably half rotted when they put them in. It has reached the point now that the railway ties are totally rotting out. Because of their decaying condition they are becoming unsafe and allowing erosion. Specifically, the present four foot railway tie wall at the first platform is collapsing due to decay and allowing erosion. My plan is to replace them with granite steps with the proper foundation so that it will be stable and attractive for many years to come. Enclosed is a building plan by my contractor which has been reviewed and certified by a certified engineer for a stable, erosion resistant, long lasting granite block stairway. The new stairway will follow the exact same track as the old stainway. This spring, after the stainway is built, my fiancee and I plan to plant numerous shrubs, etc. to control erosion and beautify the hill surrounding the stairway. Random Placed Boulders At Base of Hill The base of my hill has had several mud slides over the previous years. I would like to stabilize the base of the hill by randomly placing large boulders into the face of the hill. These large boulders by their great mass will serve to stabilize the base of the hill. Enclosed is a building plan by my contractor which has been reviewed and certified by a certified engineer for a stable, erosion resistant, long lasting random placed boulder out cropping at the base of the hill. This spring, after the boulders are in place, my fiancee plan to plant various shrubs, etc. in between the boulders to aid in controlling erosion and to beautify the hill. We believe that the random boulders provide a much more aesthetically pleasing appearance versus a cold, stark timber wall or 9 9.9,9 1 something similar. Tne randomly placed boulders look much more natural on the hillside. We plan to add shrubs, etc. to give the area sort of a north woods boulder, shrubby appearance. Enclosed is my contractor’s permit proposal and his engineer’s evaluation of this proposal. Also, enclosed is my check for $175.00 for the permit fee. If any additional Information or money is required, please contact me and I will provide whatever is necessary. We hope that the above project will provide an environmentally sound and beautiful addition to our land. We believe that the view from the lake should be a great improvement over what was previously there. I hope that the above proposal will meet with your approval. Sincerely, (c • CITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 February 24, 1997 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Mr, Joseph F. Vochko 2925 Casco Point Road Wayzata, MN 55391 Dear Mr. Vochko: •/X ; ‘ * ' :VV- • • I have reviewed your application for a conditional use perr which was submitted at 12:30 p.m. (after the noon deadline) on Friday, February 21, 1997, and am writing to inform you that the application is incomplete as submitted for the following reasons: 1.The application is filled out for a "residei ual accessory use". The application should be properly referenced as a conditional use permit for land alteration to allow retaining walls within the 0'-75' setback of the lakeshore. Additionally, the proposed retaining walls will also require a hardcover variance. The fee schedule for the conditional use permit and variance is: Application Fee After the Fact Fee Conditional Use Permit $250.00 $500.00 Variance $75.00 $150.00 TOTAL:S650.00 2. An additional $475.00 is required before this application will be processed. Please be advised that the only autliurized body that can waive remittance of the penalty fee for an after-the-fact application is the Orono City Council after the full amount has been remitted. I will amend the application as noted on the enclosure to indicate that this is for a conditional use permit and a variance. A certified survey of the 0'-75' setback area show ing all existing and proposed improvements, excluding riprap along the shoreline is required. The survey must also include a hardcover worksheet which is enclosed for your use. (Normally, w’e would require a full survey of the Telepbooe (612) 473-7357 • FAX 473-0510 2 f i tC'h '>■> " v>' -v.u •• * • • • ■ ^ f.A ■/r ■■■m ••*' entire site, however, in an attempt to expedite this application, we are requesting a partial survey for only the 0'-75' setback area). 3.The GME Consultants Inc. report of 2/18/97 has been sent to the City Engineer for his review and comment. When I have received his comments on this report I will forward them to you. This item will not be scheduled fo; a public hearing until the fee has been submitted along with the additional information that har. been requested above. If you have any questions about this matter, please contact me at your earliest convenience at 473-7357. Enclosures: After-the-fact fee ordinance Hardcover worksheet for 0'-75’ Copy of application cover naoe Letter to Mr. Vochko 2925 Casco Point Rd February 25. 1997 page ' of 2 Sincerely, Elizabeth A. Van Zomeren City Planner/Zoning Administrator r¥L • GlTYofORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 Shawn Gustafson Bonestroo, Rosene, Anderlik & Associates 2335 Highway 36 St. Paul, MN 55113 Ll Dear Shawn: Please review the enclosed report prepared by GME Consultants for Mr. Joseph Vochko, 2925 Casco Point. Road. I have included a copy of the letter that I sent to him indicating that this matter will not proceed until your review and the additional requested information is received. If you have questions, please call me at 473-7357. Sincerely, 0 Elizabeth Van Zomeren Planner/Zoning Administrator Enc. Letter GME Report LVZ/lsv Telephone (612) 473-7357 • FAX 473-0510 * BONESTROO AND ASSOCIATES ♦ 1/1 Bonestroo Rosene Anderlik& Associates Engineers & Architects ^612 6361311 02/27/97 14:15 0 :01/01 N0:073 Jo/Iritrcra Itoient. Arnh^itnc Al/OcUlri inr /r Aftum.Ut^C A<lion, C>POOtturuip fni^voyCf htnu^.*l\ Orro a aonr\rrno Pt • Joirph f An^iiMlilr. Tf • M^r^irll Sor^.il*! #»t • R.ch.i»U e Turner rc • Girnn K COCk. Pf • inom;tl f Novel HE • Ruhnl r, Vchwrniihi Pf • Jerry A aouracMi. PC • wooeri Rturnc. HE tinj iuv.m M kDerlm c'PA. Scniv- Comuif.ion AttOOMf PtinriptUt HwwAuJ A S.mrorJ PC • *r«fn A GuiJun Pr • PuLerl P I'C • RfChi«rd U/ Palter PE t D.ivul O to^HoiA PP • itoocii C Ru\u k. Al A • Utm A Pf • Mifh,ici T RauimAiin PF • TeO K field KF • KervorlhP An(tCf:Of>. Pf • V.».n K Ruifk Pf • Sidnf y P WllMAimun PP . I 5 • ffoUr/r ► KOtfihlth OffU4i Si. Pau» Rocheitei. U/ilifr,ir And Si Cloud VN • Mrquon li'l K J-V.; ^^ tf February 2H. 1997 Ms. Eli'/.uheth Van Zoineren, Plunncr/Zoning Adtuinistralor City of Orono Post Office Box 66 Cr>.»ilal Bay, Minnesota 55323 -f • Rc: Vochko Retaining Wall File No. 139-gen Dear Hlizabcdi. We have reviewed the propo.sed granite block retaining wall construction on the Vochko properly at 2925 Ca.sco Point Road. Wc have the following comments in regards to engineering mailers. 1. Retaining Wall: The design prepared by GME Consultanls, Inc. appear.s to be acceptable from an engineering standpoint. The applicant should contact the City at lea.si 48 hours prior to the wall installation to schedule a scrie.s of inspections. The inspectors should verify that the construction recotnmendaiions detailed in the GME report arc implemenlcd in the field. 2. Bluff Toe Protection: The random placement of boulders previously done al the properly include.^ boulders placed nearly on top ot each other at a steep slope, with uncompacted fill placed between them. The previously placed boulders should be reinstalled so that there is a horizontal separation between the front and back of the two rows of boulders, in accordance with the cross sectional detail provided with the GME design. 2. Erosion Control: Prior to starling the work, proper erosion control measures mast be in place, such as sill fence. Shortly after the work is completed, the di.sturbed areas should be sodded or seeded with a suitable ground cover. Please contact me al this office if you have any questions regarding this imiUer. Yours very truly, BONESTROO. ROSENE, ANDHRUK & ASSOCIATES. INC. Shawn D. Gustafson, P.E. 2335 West Highway 36 - St. Paul. MN 55113-3898 ■ 612-636-4600 N GME CONSULTANTS, INC. CONSULTING ENGINEERS 14000 21st Ave. No / Minneapolis. MN 55447 Phone (612) 559-1859 / Fax (612) 559-0720 March 20, 1997 f M : #V • Mr. Stephen G. Spartz Landview Landscaping 3670 Highway 7 Excelsior, Minnesota 55331 GME Project No. 6721 RE; Boulder placement for erosion protection at the Vochko residence in Orono, Minnesota Dear Mr. Spartz; The owner, Mr. Joe Vochko, has requested our opinion concerning the stability of the boulders placed at the toe of the slope leading to Lake Minnetonka. This was pursuant to concerns raised by the City of Orono and the City Engineer, Bonestroo Rosene Anderlik & Associates. On March 19, 1997, we met Mr. Vochko on-site and observed the boulder placement. We understand these boulders were placed during the fall and winter of 1996-1997. The boulders were randomly stacked to form a relatively steep angle approximately 4 to 5 feet high. There is a horizontal separation or terrace between the boulders and the rock riprap placed for shore line protection. We understand that the voids between the boulders will be filled with topsoil and a vegetative growth will be established between the boulders, to prevent piping and erosion of the retained earth through the voids between the boulders. To our knowledge, there is no accurate way to quantify the stability of the existing boulders. However, based on our experience, we offer the following opinions. In our judgement, the boulders should be stable in their current configuration provided that good boulder to boulder contact was established during construction. Please note, however, that over time some isolated boulders may loos<='n and become unstable. If this should occur, then additional boulders should be placed, or the boulders should be replaced to their original position. If this is unacceptable, then in our judgement, one method of increasing the stability would be to place additional boulders in front of the existing boulders to form a flatter angle. However, this would result in the loss of some area (terrace) separating the boulders from the shore line riprap which, to our understanding, is not acceptable '.o the owner. WILLIAM C. KWASNY. RE. GREGORY R. REUTER. PE. MARK D. MILLSOR RG. THOMAS PAULVENEMA. PE. CHARLES M. ALLGOOD. RE. F'.NDRA J. FORREST. RG. An *^qual Oppo'^tunity Empfoyer WILLIAM E. BLOEMENDAL. RE. MERVYN MINDESS. RE. STEVEN J. RUESINK. PE. I Mr. Stephen G. Spartz GME Project No. 6721 March 20, 1997 As an alternative, you could consider restraining the boulders by the use of heavy gauge, galvanized wire mesh which is placed in front of the boulders and pinned into the hillside through the use of earth anchors. The wire mesh could be placed such that it would be, for the most part, hidden from view by the vegetative growth. We envision that this scheme would entail removing selective boulders and installing 5 foot long, 6 inch diameter helical earth anchors into the hillside at approximately 5 to 6 foot horizontal spacings. It would be important to have appropriate structural connections from the earth anchors to the wire mesh, utilizing steel bearing places or similar devices. Please be advised that ve were requested to provide an opinion concerning local stability of the boulders only. Our scope of work does not include global stability of the hillside, that is, stability of the soil beyond the boulders. If you have any questions or need further assistance, please do not hesitate to call vis. Sincerely, GME eg SULTANTS, INC. Greg'ory^. Reuter, P.E. Senior Project Engineer i' ^0 Mervyn Mindess, P.E. Principal Geotechnical Engineer GRR:MM:jm c:\grr\672l.ltr J L62709 —002_j 44/^ (80-39) PROPOSED CONDITIONS fr * \ > • %#r c •N AREAS:Boulder retaining woll | 1 « 60 Sq.Ft. Boulder retoining wall § 2 » 100 Sq.Ft. Proposed stoirs » 230 Sq.Ft. Lond to 75 Ft. setbock = 4,540 Sq.Ft. Percent of Hord cover = 8.5% DFSr'?!PTI N: Lot 96, SPRING PARK ond that port of vocuted Lake Shore Avenue accruing thereto. I hereby certify thot this survey was prepored under my supervision ond that I om a Licensed Lond Surveyor under the lows of the State of Minneuoto. Theodore D. Kemno Oote: MAR. 21. 1997 License No. 17006 60 90 Feet =4 97J^i22.J2jS7;02_JjJS0gje2709J2^ SURVEY FOR: JOE VOCHKO W SCHOELL & MADSON, INC. CNONCCRS • SURVEYORS • PLANNERS SOIL TESTMC • CNVIRONIIENTAL SERVICES 10580 WAYZATA BOULEVARD, SUITE 1 MINNETONKA. UN 55305 (612) 546-7601 FAXA46-906S ORIGINAL CONDITIONS AREAS:Wooden stairs ic platform __Lond to 75 Ft. setback 220 Sq.Ft. 4.540 Sq.Ft. Percent of Hord cover = This drowina hos been checked ond reviewed this P doy of 19 Q7 by I -rt ^_______ 30 ei ^A^y f*PA . -T" ixxas^^.: gi¥44^ '““ ’"” if j :;5r.f^-e^. w^^. Mimi v‘ :'-1? •' V ^ >*:i; Lti I* I \ Y^"'-#' > ■.; f-*<K!;a .'/Aw II L -- ••'•i’yi;^ 'jji >s*. V »'wfc /P, : > S!SK? S> v^-r --__.C' gr^ s^JL^ ,lp^ ifiti.-S; IlM.' w»'.v?P '/K<l.\/o‘V *^':* Mlj^ fZ/7 ^-.’‘d y^V' * ' #^'1V* ; • < ..!jI ..•:i;i' ' T'Mh•• .if’ <»rwS>*ir • Kz./ ^/-<1^.V vy-xvvViMi•1 '.iit P^ ^1 v.V‘- ••!I A ■? \ Ri'> ^ ‘'.’' * T-’•' ’^'' ■ ■■ ’ lr>: P^Zi rSEr^' ?^’'^ iisiz » • . »iL ;. X#--.:: .*f.%r • ••. U-r*. !f.**d7:«» >•' ^ 5^2^1 •': .*. {.Xlr'i ' --^ ^jj^'-^'iS^. ■* >-■• ■'"j-V'^-■ ’' x''^ mm *'^'*' ^ ■ **'^>, v»«* ft*'*.* - *-. '^•v^^?,t^=^^i •: • kJiiS COUNCIL MEETING REQUEST FOR COUNCIL ACTION MAY 12 1997 CITYOFOnONO DATE: April 29, 1997 ITEM NO.: Department Approval: Administrator Reviewed: Name Michael P. Gaffron 1^* Title Asst. Planning & Zoning Administrator Agenda Section: Zoning Item Description: 199? Joint Use Dock License - 3155/3185 North Shore Drive/1406 Bohn's Point Road List of Exhibits A - Application B “ Draft Resolution and Attachments 'ihe City has received the annual Joint Use Dock License application from the Lindahl, et al. joint dock users. This is ?. renewal license and exhibits no change from past approvals. Staff has received no complaints regarding this joint use dock operation. The appropriate fee and late tee have been paid. Staff Recommendation Staff recommends approval of a 1997 Joint Use Dock License fr .« property located at 3155 North Shore Drive, 3185 North Shore Drive, and 1406 Bohn's Point Road per the attached Resolution. COUNCIL ACTION REQUESTED: to adopt Resolution Approval of the above noted 1997 Joint Use Dock License. Proposed Motion: Moved by __________, seconded by _______ #______, graaung a 1997 Joint Use Dock License to the owners of property located at 3155 North Shore Drive, 3185 North Shore Drive, and 1406 Bohn's Point .Road. Vote: ______ ayes,_____nays. CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YE/\R 19 97 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 S rO O. Date Form Sent by City Staff December 30. 1996 Date Application Returned to City ^ Fee Received $ 2Ji:> Section 5.42, Subdivision 2. T.TCFNSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two m number, whether incorporated or not) to engage or participate in ...joint use (of any lakeshoic property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. A.SSOCIATION INFORMATION 1. Association title or name (if any) Lake2. 3. 4. K Bay Person responsible for this application: Name —^ Phone Mailing Address______/*/06> f Pelationship to association________________________//o<—____________ Aviociation is (check applicable items); ^ unincorporated homeowner's group. _____ incorporated Homeowner's Association. _____ unincorporated club or recreation group. _____ incorporated club or recreation group. Page 1 of 5 L 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. provide a club or association gathering place for activities. Dock is located on (check applicable item): X. one member's private property. ____easement or outlet owned in common. ____property leased by the group/association. ____property owned by the group/association. List Dock location and ownership information: Street address______^15^ KlaASr>i Legal property description ____________________________________________ PI D# - Oc:>^ t________________________ Listed property ouner(s) Names of abutting lakeshore property owners: 3 ■ r a/q«.-7>. S (Name + Address) ^^hV-asn i 3/ ^ r 0/Z.Vt. (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: X property owner's homeowner's policy. ____ separate group/association owned policy. List the following information: Name of insured___ Name of insurance carrier CLkIcG Name of insurance agency Policy No.Effective date of coverageroiicy iNo. _________________ ------------------- Amount of coverage: Public liability, per person, per occurrence $ SOOj^O <^ ~t -.............. S SVOfPublic liability, per occurrence Page 2 of 5 10. Security and policing of the jointly used dock and property is provided by (check applicable items): _____fencing _____ security lighting ^ property owner's presence _____contract security service _____other (specify)__________________________ DOCK INFORMATION 11. List Dock Use Aiea Specifications: Width of shoreline: IbO ft. Length of main dock from shore: ft. ft. 12. 13. 14. 15. Dock setbacks from side property lines at shore: _________ ft. and _________ Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) _____permanent piling with seasonal deck _____permanent piling and decking wooden decking List Dock Accessories: metal decking Number of fire extinguishers available at the dock Number of life preservers available at the dock__10 t- List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips ______ Transient (day use) off-shore buoys _______ Permanent moorage slips Permanent moorage off-shore buoys ______ Dry storage (rack) slips ___________ Maximum number of boats at the dock_____ List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. ^ spaces. F.ROSTON AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): stone rip rap wood seawall metal seawall concrete seawall ^ grass and vegetation only other (specify) 17.Depth of water at shoreline: O ft; at 50 ft. out: 2 4- ; at 100 ft. out: ^ ' Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PT.AN - ALL APPLICATIONS B. C. A dock plan, drawn to scale, showing the shoreline width of this propert}', the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. UNINCORPORATED GROUPS OR ASSOCIATIONS ■j 1 . A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement. "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement orieinally made in (state year) and on file with the City." Applicant's initials INCORPORATED CLUBS OR ASSOCIATIONS 1 . A list of the names, mailing addresses and titles of all corporation officers. 2.A statement as to the total number of members in the club cr association. ____ members ^ ^^ 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in________(state year) and on file with the City." Applicant’s initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PI US SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy % slips @ 2.00 each TOTAL DUE THIS APPLICATION S $20.00 S S 0*1 - cx>t S" " L.MOO.‘*«LT>age 4 of 5 QOj, t - oot(c» *1^ I LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The Cit\’ shall not accept renewal license applications received after February 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and co^e_cfiiniiliance inspections. Signed Date City of Orono P.O. Box 66 Crystal Bay, Mi SS323 (618)473-7357 04/14/97 11;27;52 LICENSE - OTIER BUS. 1 B 51.00 51.00JGMi LlNDfR JNT DOCK LIC 1 9 0.00 0.00 SUBTOTOL TAX TOTAL SALE RECEIVED 51.00 0.0051.00 51.00 CHANGE CLERK! 03 TRANS! 3915 0.00 Page 5 of 5 • • • • RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT ?i55 NORTH SHORE DRIVE, 3185 NORTH SHORE DRIVE, AND 1406 BOHN’S POINT ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1997 TO DECEMBER 31,1997 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. scq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the conimonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of2 This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to is-ic a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 12th day of May, 1997. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of May, 1997 by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument w as executed on behalf of the City. Notary Public Page 2 of2 1 i CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUM. JOINT USE DOCK LICENSE I.LICENSEE: Property owners of 3155 North Shore Drive, 3185 North Shore Drive and 1406 Bohn's Point Road Dock Address: 3155 North Shore Drive Agent: B. John Lindahl, Jr. Address: 1406 Bohn's Point Road, Wayzata, MN 55391 Licensee is: XX unincorporated homeowner's group ___ incorporated homeowner's association ____unincorporated club or recreation group ____ incorporated club or recreation group other License Period - January 1, 1997 to December 31, 1997 II.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys e.xceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Crystal 1 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision of the Orono Municipal Code. Exhibit A Resolution No. Page 2 III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B-2. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply witli these conditions is cause for license revocation and/or prosecution by the City. V. This license is granted subject to the findings and conditions set forth in Resolution #1212 of the City council, summarized as follows: The tliree properties to which this Joint Use Dock License is granted are described as follows: i)(P.l.D. #09-117-23 33 0001) "That part of Gov't Lot 1 lying East of the West 442.93 feet thereof and North of the South 1058.3 feet thereof and South of Registered Land Sur\'ey No 269" (3155 North Shore Drive - Mandel) ii)(P.l.D. #09-117-23 33 0015) "Tract I and the West 28.5 feet of Tract H, Registered Land Survey No. 269" (1406 Bohn's Point Road - Lindahl) iii)(P.l.D. #09-117-23 33 0016) "Tract G and that part of Tract H lying East of the West 28.5 feet thereof, Registered Land Sur\'ey No. 269" (3185 North Shore Drive - Aanestad) There shall be only one dock allowed on the Mandel lot (P.l.D. 09-117-23 33 0001) which dock shall be no greater than 100 feet in length, and which dock must be constructed in accordance with all applicable City and LMCD ordinances, and which dock is intended to serve only the owners and their successors of the 3 properties described in a) above. On the Mandel lot (P.l.D. 09-117-23 33 0001) either attached to the dock, moored in front of the lot or located on the lot, there may not be at any time more than three watercraft, as defined by the LMCD, either docked, moored, or stored. The three watercraft allowed may be owned only by the owners of the properties described in a) above. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. 1 E>^- P^=rsg)LiA:rTo»o A3«. L______ I i ( ‘^OKNClMEETTNa ^AY 1 2 1997 REQUEST FOR COUNCIL ACTION CnVOFORONo DATE: May 6, 1997 ITEM NO.:r7 Department Approval: Name Elizabeth Van Zomeren Title City Planner/Zoning Administrator Administrator Reviewed: Item D<; vTiption: Adult Use Moratorium Agenda Section: Zoning Backgound Staff is proposing that the City Council adopt a moratorium for a one (1) year period to allow time to determine how adult uses should be regulated in Orono. Currently adult uses are not specifically listed as a class or group of uses. There also are no spacing requirements from certain uses such as day care facilities, churches and schools. Staff needs to review the current ordinances, including other City ordinances pertaining to nudity, obscenity and liquor to determine how these uses are regulated and how they might be regulated in the future. Attachments 1. Proposed Moratorium 2. Newspaper Articles Re: Sex Shops COUNCIL ACTION REQUESTED: To amend or approve enclosed moratorium. ORDINANCE NO., SECOND SERIES AN ORDINANCE ADOPTING AN INTERIM MORATORIUM ON THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS, REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES, OR OTHER AUTHORITY RELATING TO ADULT USES IN ALL COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE CITY OF ORONO THE CITY OF ORONO DOES ORDAIN; SECTION 1. Authority. Pursuant to Minnesota Statutes Section 462.355, Subd. 4, the City is authorized to establish interim ordinances to regulate, restrict, or prohibit any use or development in all or a part of the City while the City is considering adoption or amendments of the comprehensive plan or official zoning controls. The City declares that this interim ordinance is established pursuant to the aforementioned statute and City ordinance. SECTION 2. Findings and Purpose. The City of Orono is conducting a comprehensive revision of its zoning code. One of the major goals of the revision is to minimize land use conflicts near residential neighborhoods and to promote maintenance and reinvestment in commercial and industrial property. The City Council is concerned about the effects of adult uses in commercial and industrial districts near residential areas, parks, and schools. The City Council is concerned that adult uses may contribute to instability through increased nighttime noise and traffic. The City Council is concerned thai adult uses are not a service to the industnal and community level commercial districts. As a result of the important land use and zoning issues cited above, the City will conduct studies for the purpose of consideration of possible amendments to the comprehensive plan or official zoning controls to address the issues related to the establisliment or expansion of adult uses. The City of Orono finds that this interim ordinance should be adopted to protect the planning process and the health, safety and welfare of the citizens. SECTION 3. Zoning Study . The B-1, B-2, B-3, B-4, B-5, B-6,1, PID, PUP zoning districts of the City are hereby declared to be an interim zoning study area with respect to establishment or expansion of adult uses. SECTION 4. Study of Adult Uses. For the purposes of this Section the words used herein shall have the following meaning: Page 1 of2 Adults - only gift store or bookstore: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, films for sale or viewing on premises by use of motion picture devices or other coin-operated means, and other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, or an establishment with a segment or section devoted to the sale or display of such material, for sale to patrons therein. Adults - only motion picture theater ur video arcade : An enclosed building used regularly and routinely for presenting programs, material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined below, for observation by patrons therein. Nudity; The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discemibly turgid state. Sauna : An establishment or place primarily in the business of providing (i) a steam bath and (ii) massage services. (5) Sexual conduct: Acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast. Sexual excitement : The condition of human male or female genitals when in a state of sexual stimulation or arousal. Sadomasochistic abuse : Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. Adult entertainment center: An enclosed building or a part of an enclosed building, wherein an admission is charged for entrance into the facility, or for food, alcoholic beverages or other beverages intended for consumption within the facility, wherein may be observed or which permits a customer to view one or more live persons unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola, or any portion of the male or female pubic hair, anus, cleft of the buttocks, vulva or genitals. SECTION 5. Effective Date . This ordinance shall be effective May 12, 1997 and shall expire on May 13, 1998. Page 2 of 3 . — - 1 SECTION 7. This Ordinance shaii be pubiished in THE PiONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on the 199_, by a vote of ___ayes and____nays. day of ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Page 3 of 3 #10 March 27, 1997 'Sex shop’ moratorium passed in Shorewood By Greg Borchard the night of the I lOscars, racy subjects of V—^sex, liquor, and high speed snowmobiling received cool treatment at Shorewood’s City Council meeting. A handful of participants attended, brav ing an unusually heavy Spring snow. The Council moved unani mously to adopt an ordinance which initiates a one year mora torium on the introduction of adult establishments to city commercial zones. Mayor Tom Dahiberg suggest ed the Council should pay atten tion to First Amendment issues. City Attorney John B. Dean cited existing legislation passed by the Minnesota Congtess granti ng Shorewood "legal authority to adopt the morato'ium pur suant to the state statute." Councilmembers agreed on the necessity of the moratorium to prevent troubles which other communities have encountered in regulating the industry. Councilmember John Garfunkel summarized, "The moratorium will be easy. Regulation, the final product, won't." The Council also decided unanimously not to grant an on site alcohol beverage license to applicant Vladimir Velikson who has made plans for a restaurant in the Waterford Shopping Center. City Councilmember Jennifer McCarty cited the Planned Unit Development (PUD) charter already on the books restricting such buildings. "We made a covenant to the people of that neighborhood. It’s our responsi bility to keep that promise," McCarty stated. Councilmembers heard con tinued discussion on the status of snowmobiling pursuant to the Board's last meeting. Richard Young, Chief of Police for the South Lake/Tonka Police Force, addressed some of the ongoing concerns of townspeo ple and snowmobilers. Councilmember Kristi Stover exhorted the police chief to remember, "We had asked you to fight [snowmobile related] crime to the max of your possi bility." Young stated that the majority of last year's com plaints appear to have come from "four or five people." As established by previous jgreements from the Council, members will wait till the end of the snowmobile season to address specific concerns. The Council also entertained offers for regulatory assistance from Jim Daniels, representative of the Lake Minnetonka Communications Commission Advisory Board. Daniels requested that the Commission be given a more direct role in working with the Council on matters related to new federal legislation. He noted the increased ability of local governments to regulate the programming of cable televi sion pursuant to last year’s pas sage of The Telecommunications Act. Daniels encouraged board members to use their bargaining power along with other local councils. "The 14 cities in the lake region have ver)' little clout . by themselves," Daniels claimed. He added, "The strength is in their numbers." This commission is always hands on and up front. They could be breaking new ground," Daniels claimed. The Council agreed to formalize relations with the Commission and will honor the request for an adviso ry role. In other matters, the Council approved a modified budget presented by City Engineer Larry Brown for the purchase of two city dump trucks. According to Brown, the cost of purchasing the trucks would not be as high as initially antici pated, bringing the cost to an estimated total of $97,000. The meeting was closed with a brief discussion of how the rising rates of taxes applied to Shorewood's property values. January 30, 1997Victoria restricts sex shops By Mark Wilde "T"n a preemptive measure I intended to discourage adult JLoriented businesses from opening up in Victoria, the city council passed a resolution at its Jan. 16 meeting restricting them to an isolated portion of down town. Although no adult entertain ment commercial enterprises have attempted to locate in Victoria, the Council felt an ordi nance was needed as a deterrent. Other cities, including Minnetonka, have passed similar ordinances in the past few months. According to the resolution, adult entertainment busines.ses could ''endanger the morals of the community by being sites of acts of prostitution, illicit sex and occurrences of violent crime." Although the city can not ban such businesses outright, the strict limitations would make it very difficult for any prospective business owner. "Adult use" in the ordinance covers everything from adult bookstores and video rentals to adult body painting studios. If the building excludes minors and emphasize? '"specified sexual activities" or ''spec ’.^j^f anatomi cal areas," it is considered adult use under the ordinance. If the principal use of the busi ness is adult oriented, it is required to be located in the Central Business District, a few blocks in downtown Victoria. However, video stores or book stores will still be able to carry small quantities of adult material as long as it does not make up a majority of the establishments' business. For example, under the ordi nance, a video rental store located outside the Central Business District would be able to carry pornographic movies if they are located in a separate room and make up less than 20 percent of the store's business. In other news, the Council braced for the end of the subdivi sion moratorium that has been in place since 1995. Understate law, Victoria is only able to enforce the subdivision moratorium for two years, and it is scheduled to end June 21,1997. At that time, developers and landowners are free to petition the city for the right to subdivide land and build housing. City planner Bill Goff expects a long line of interested parties. "I'm sure there will be quite a few developers ready with plans to begin building," Goff said. In the past two years, the city has gone over all the pertinent codes and regulations and devel oped an overall plan for expan sion. The city eslabli.shed devel opment standards and lot sizes to insure the quality and aesthetic levels of the homes remain con sistent with city goals. As an example, Goff cited the east side development study, which was conducted by SRF Inc., a Minnetonka consulting firm. SRF undertook a long process of meetings with landowners, city officials and experts in an attempt to develop a blueprint of how the east side should look 20 years from now. According to Goff, the east side is guaranteed quality homes and developments because of the for mal blueprint process. "Heavy citizen participation will hope fully head off problems," Goff said. "People have a slake in what is being built, and there won't be any surprises." Although the Council does not need to take any formal action to end the subdivision moratorium, Goff admits it will be a very active time for the Council around the end of June. "The moratorium will run out, and we are open for business," he said. IriTT '••V v.*' '.v; '.,. • . .'i , ;a / - v" I i f . n*? f Grimm restoration looking brighter Long Lake resident Robin Hoseth and her mother, Shirley Theel, Excelsior, presented the Hennepin Parks Board of Commissioners with a check from the R.E. Thcel Foundation for $52,837.41 for the Grimm Farm Restoration.'Pictured (I to r): Shirley Theel, Tom McDowell (Hennepin Parks), Robin Hoseth and David Dombrowski (Hennepin Parks). Medina seeks residents for Planning Commission The City of Medina has three openings on the Medina Planning Commission for terms beginning March 1997. Terms are for three years. This is a commission that makes recommendations to the City Council concerning applications for subdivisions, conditional use per mits, variances, etc. City ordinance 825.33 states that members of the planning com mission shall be persons who have resided in the City for at least three years immediately preceding appointment. Interested persons should submit a letter to Sandie Larson at the City. Letters must be received no later than Thursday, Feb. 13,1997. *Pride is Building’ at WayzataWest Junior High School As part of school pride week, staff and students at Wayzata West are raising money to benefit Habitat for Humanity-Guatemala. If daily fund goals are reached, school Counselor Jim Hartmann will sleep on the school roof Monday through Thursday nights. ** ' - J Kr%iic«a *■ » t W* • W I • ^ .Sex shop moratorium passed in Long LakeBy Laura Ehramjtan A moratorium on adult entertainment was unan- M Aimously passed at the Long Lake City Council meeting, March 4. Immediately effective, it is expected to end in 12 months. The Council felt the morato rium was necessary because it allows them time to study and prepare an adult entertainment ordinance. "Adult entertainment" includes adult bookstores, motion picture, adult movie rental, mas sage parlors, saunas, rap parlor groups and escort services. These and other similar groups operating were considered by the Council to be a possible endan- germent to the morab of the com munity by being sites of prostitu tion, illicit sex, and violent crime. For these reasons, they require close inspection, licensing and regulation. City Attorney Chris Dietzen gave a brief overview of the pro posed ordinance and explained that there arc only two ways to regulate this type of business. Dispersal was one. An adult entertainment business could not locate within 1000 feet of a church or school, for example. Concen tration was the second, meaning that the business would be con fined to only specified, zoning areas. Hb final words of caution on regulating adult entertainment businesses were, 'The city cannot prohibit but only limit them." A tentative go-ahead was given to SuperAmerica for their sign variance request. It, as well as McDonalds, will start building this spring. The two businesses may, respectively, be serving up gas and hamburgers by July. Council approved the sign variance with the qualification that different requirements may need to be met once the new sign ordinance is enacted. As Mayor David Sawyer put it, "I think we arc telling SuperAmerica that conditions arc subject to change." Ground-breaking ceremonies for these new Long Lake businesses arc scheduled for some time in April. Council voted to approve the first siibcommillec a'port from the Highway 12 Design Team with some reservations. Coun- cilmcmber Jim Gulbranson was the first, but not the only coun- cilmember to point out that the Long Lake business community and residents of Virginia Avenue were being left out of the initial meetings and plans. Tlic Highway 12 Design Com mittee's stated objective is to, "deal with the information and data coming and going from the agencies, groups, and individuals that is pertinent to the design phase of the road relocation process." The committee is to assemble this information into documents for the City Council to review. And "review" the Council did, adding instructions to include the business owners and Virginia Avenue residents in the current proceedings. The committee is in the process of scheduling meetings for each affected neighborhood and is accepting applications from resi dents wanting to participate on the Highway 12 Design Commit tee. Charitable gambling profits were popular item at this meeting — who wants them, who diK'sn't, and whether they are legitimate. The Orono Hockey Boosters want to end their gambling operations at Billy's Lighthouse, but the Orono Baseball Association would like to take it over. The Tamarack Senior Center, on the other hand, requested $2,200 from charitable gambling proceeds. After some debate on the proper legal use of the 10% of all charitable gambling profits that must be given to the city, the Council decided to take no chances, nor any action on these requests. The Council did resolve to rec ommend that funding for the Tamarack Senior Center be con tinued through the use of Com munity Development Block Grant Funds and invited one of the center's representatives to address the gambling fund issue at the next city council meeting. April 27,1997 was approved as the date for an Arbor Day cele bration at Nelson Likeside Park. This is one of the requirements if Long Lake decides to be part of the 'Tree City USA Program." "We wish all citizens to cele brate Arbor Day," Sawyer said. Park Commission Chair Fiammetta Zahnd reported that getting the city tree inventory done was their immediate prior ity because of potential Highway 12 and road improvement impacts. During a brief discus sion of the boat landing improve- ments needed, Gulbranson asked, "What benefits does the Department of Natural Resources (DNR) give the city for maintain ing the only boat landing on the lake?" City Administrator joe Lynch replied, "Only their sincere appreciation is what wc get." Efforts are being made to seek something slightly more substan tial from the DNR. In response to an invitation to attend a March school board meeting, Councilmember Mike Bash's reaction was, "I think it's really putting the credibility of their planning at risk to give these short notices."The school board requested someone from the Council to attend their March 6 meeting, "to review possible solutions to our district's facility needs." This was, eviden. y, one of a number of invitations received with very little time to spare. In spite of the general irritation. Sawyer said he would attend the school board meeting, which takes place in the middle school cafeteria at 5 p.m., March 6. IP r COUNCIL MEETING MAY 1 2 1997 REQUEST FOR COUNCIL ACTION CITYOFORONO DATE: May 6,1997 ITEM NO: / Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse City Administrator's Title City Administrator Report Item Description: f Extension of Telecommunications Towers and Antenna Moratorium The moratorium concerning telecommunications towers and antennas is scheduled to expire on May 26, 1997. The telecommunications ordinance was continued at the Planning Commission's April meeting and will be considered at the May 19 Planning Commission meeting. Due to Memorial Day falling on the fourth Monday of the month (May 26) the Council will not be able to take action on the new ordinance until at least May 27. Therefore it is recommended the moratorium be extended to June 10. This will enable the Council to consider the telecommunications ordinance at its May 27 meeting and also provides for an additional Council meeting on June 9 if needed. COUNCIL ACTION REQUESTED: Motion to extend the moratorium on telecommunications towers and antennas to June 10,1997 ORDINANCE NO.___, SECOND SERIES AN ORDINANCE EXTENDING AN INTERIM MORATORIUM ON THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS, REZONING APPk.iCATIONS, CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES OR OTHER AUTHORITY RELATING TO THE SITING OF WIRELESS TELECOMMUNICATIONS FACILITIES AND STRUCTURES IN ALL ZONING DISTRICTS IN THE CITY OF ORONO The City Council of Orono does ordain: SECTION 1. Statement of Policy. The purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of commercial and industrial activity so as not to unreasonably conflict with the primary' residential and agricultural character of the City. SECTION 2. Extension of Interim Moratorium. To facilitate the purpose stated in Section 1 the City Council imposed a 120 day moratorium, pursuant to Minnesota Statute Section 469.355, Subdivision 4, 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 telecommunication facilities and structures in all zoning districts in the City of Orono. This moratorium was to enable the city to study the issues relating to telecommunications structures and to make any necessary changes in its current ordinances. The initial moratorium was to expire on December 24,1996. The moratorium period was extended to March 24,1997 and again to May 26, 1997. Because the city has not yet completed the changes to its ordinances to reflect the results of its study of telecommunications issues, it is necessary to extend the moratorium to June 10,1997. SECTION 3. Telecommunications Facilities. For the purposes of this Section the words used herein shall the following meaning: 1.Telecommunication - the wireless transmission, emission or reception of energy or communication impulses by cable, microwave, satellite or radio signals affecting radio, telephone, telegraph or television communication or medical or industrial energy transmissions. 2. Facility - any antenna, tower, or structure associated with the transmission, emission or reception of telecommunication signals. SECTION 4. FTfective Date. This ordinance shall be effective after the date of approval and publication. Adopted by the City Council of Orono on this 12th day of May, 1997, by a vote of, and ____nays. ayes ATTEST: Gabriel Jabbour, Mayor Dorothy M. Hallin, City Clerk Publish in the Laker and Pioneer newspapers the week of May 17, 1997 r COUNCLMEETINQ MAY 12 1997 REQUEST FOR COUNCIL ACTION cnYOPonoNO Date: May 9,1997 lbItem No. Department: Name: Michael P. GafTron Title: Asst. Planning & Zoning Administrator Administrator Approval:Agenda Section: Zoning Item Description: #2209 Spring Hill Golf Club - Variance/CUP - Conceptual Action Zoning District:RR-IB One Family Rural Residential District, 2-acre RR-lB-1 One Family Rural Residential Subdistrict, 2-acre Application Summary: Spring Hill Golf Club requests a Conditional Use Permit (CUP) for construction of a golf course, club house and maintenance facility on 160 acres of land within the City of Orono located south of County Road 6 and north of Spring Hill Road, and east of Tamarack Drive north of County Road 6. An additional 48 acres of the golf course will be developed on adjacent property in the City of Medina. All of the proposed buildings are within the City of Orono. The property is zoned RR-IB and RR-lB-1 Single Family Rural Residential, in which golf courses are an allowed conditional use. A CUP is also requested for land alteration involving the movement of approximately 340,000 cubic yards of earth. The application includes variances for alteration of wetlands and bluff impact zones. An 'oversize accessory structure' variance is also required. The project is subject to an Environmental Assessment Worksheet process which is underway, List of Exhibits A - Additional Items Received Since April 21 PC Meeting: 1. 4/21/97 Letter from Schoell & Madson/John Baxter re: Well Interference 2. 4/23/97 Letter from Henn. Co. Public Works/Dave Zetterstrom re: Bypass Lanes 3. 4/25/97 Letter/plans from Schoell & Madson/Ken Adolf re: - Sight lines of maint. building after screening and berming - Sight lines for view of bluff from south 4. 5/6/97 Letter from City Engineer re: Water Quality and Forest Impacts B - Summary of Planning Commission Recommmendations (May 8 staff memo) C - Staff Memo 4/18/97 as »-evised 4/21/97 D - Most recent versions of site plans, grading plans, etc. E - Comprehensive listing of prior exhibits F - New information related to EAW: Marshal Braman letter to DNR May 7,1997 DNR letter to staff May 8, 1997 Tom Crosby draft of final EAW declaration G - Park Commission trail proposal : ^ . YAM #fe09 Golf Club May 9, 1997 Page 2 Note: The amount of information generated on this application to date is voluminous. As a result, most prior staff memos to Planning Commission have not been included as exhibits. Please advise if you wish copies of items listed in Exhibit E. Planning Commission Recommends Conditional Approval On April 21 the Planning Commission completed its review of the variances and CUP application and recommended approval subject to a variety of conditions, on a vote of 6-0 (Commissioner Hawn removed herself from the discussions due to a conflict of interest). The Planning Commission's recommendations are summarized in Exhibit B attached and detailed in the April 21 minutes. There are, however, a number of issues remaining unresolved or incomplete as noted below. Application Status Planning Commission left a number of issues open, for review and conclusion by the Council. These are issues for which Planning Commission either made no recommendation, or their recommendation was not unanimous. Also, some additional issues are yet to be completely addressed due to a variety of factors. Incomplete or unresolved issues include: 1. Septic system sites for maintenance/concession facilities City Engineer's recommendations on water quality (5/6/97 letter) Archaeological sites study Tunnel responsibility Location of access to the site Upgrade of Spring Hill Road and County Road6/Tamarack, 6/Hunter intersections Trail system needs; possible use of excess wetland credits Potential redesign of the course to reduce impact on contiguous Big Woods Project approval documents: format, content EAW Completion 2. 3. 4. 5. 6. 7. 8. 9. 10. Review and Staff Recommendation for Outstanding Issues 1..peptic sites. Applicants have indicated they will submit septic system site evaluation and design information as soon as it is available. Needed for final CUP approval. 2. City Engineer's water be asked to address and satisfy all comments made by the City Engineer. These are mainly procedural items and appear to be easily resolved. L #2209 Spring Hill Golf Club May 9,1997 Page 3 3. 4. 5. 6. 7. Archaeological sites shidv. Applicant should inform Council of the status of this study, and advise Council when all SHPO requirements have been completed. This should not necessarily hold up any CUP approval, since the outcome will likely be at most an inventory/collection/archiving of artifacts found, rather any need for site preserv'ation. Tunnel resnonsibilitv. (Hennepin Co. letter of March 19) Hennepiii County will require a cooperative agreement with the City to identify legal and technical responsibilities for the tunnel. This agreement will address liability, periodic inspection and routine maintenance of the road and tunnel, and any other logistical concerns. Council may wish to reassign certain of these obligations to the developer, but procedurally the County contracts with the City as a public entity representing the long-term public interest. This agreement will have to be worked out prior to tunnel construction. Council should identify for staff any specific concerns regarding the tunnel or potential agreements regarding same. Site Access Location. (Gappa/Moorse memo 3/31/97) Staff has recommended that access be from Spring Hill Road as proposed by the developer. Planning Commission was split on this issue. The existing access on County Road 6 has unacceptable sight distance to the west. That access would have to be moved a significant distance east or west to find a suitable location on Co. Rd. 6, which likely would result in the need for a course redesign. Hennepin County has indicated they want access to be from Spring Hill Road, eliminating all direct access to Co. Rd. 6 which is an arterial road. This is consistent with the City's Comprehensive Plan, and consistent with Staffs position on the Highway 12 corridor. Staff does not believe that a Spring Hill access will generate significant added traffic on East Long Lake Road as compared to a Co. Rd. 6 access, because most of the course traffic is expected to be coming from the east. With either access, there will be more traffic making left turns either onto or off of 6. This will be limited to only one location on 6 if the Spring Hill access is used, i.e. a safer situation. Council should consider the impacts on the neighborhood of adding golf course traffic to Spring Hill Road. These impacts are minimized to some extent by the existing homes being generally located a significant distance from the roadway. Upgrade of Co. Rd. 6 intersections at Tamarack or Hunter. (Hennepin Co. Letter of April 23, Exhibit A-2). This letter calls for an auxiliary lane for westbound traffic at the 6/Hunter intersection. This lane should be required if Council approves the Spring Hill access point. If Council determines that access via Spring Hill is not acceptable, the County will likely w ish to be heard regarding access alternatives. Trail System. The Park Commission is recommending a walking trail route that meanders northwesterly from East Long Lake Road along the west Spring Hill right-of-way, extending #2209 - Spring Hill Golf Club May 9, 1997 Page 4 as much as 50-100' into the golf course property at some locations, then crossing Co. Rd. 6 just east of the intersection and following the same pattern along Tamarack to the Medina boundary. Park Commission's intent is to ultimately create a trail connection between Wood Rill and Wolsfeld SNA's. They suggests a wood walkway over the wetland directly adjacent to Tamarack Drive. Future connection to the Wolsfeld would be via Deer Hill road future trails to be created when properties to the west develop. A Park Commission reprersentative is expected to be at the meeting to discuss this proposal. Council should ask the developer for his comments on the acceptability of the proposed route. 8. 9. 10. \ Course redesign to avoid/minimize impacts on Big Woods. Applicants should indicate what steps have been taken since the last EAW discussion in regards to minimizing the Big Woods impacts. Approval documents: specific conditions of approval. The following are suggested as a possible package of formal approval documents. Council is requested to provide staff with any specific conditions of approval that should be included. If Council direct's, staffs intent would be to provide a document package for your review at the next meeting. a. Developers' agreement concerning physical improvements to the property (also addressing what improvements are required on and off site, who pays for what, systems maintenance, etc.) b. Restrictive covenants, if necessary. c. Easements (trail, drainage & utility, conservation and flowage, etc.) d. Conditions to be included in the CUP/variance resolution related to the operational aspects of the golf club, future uses, etc.) EAW Completion. Exhibit F-1 is a letter from Marshal Braman to the DNR detailing information that will be provided to DNR by June 30, 1997. The DNR response (Exhibit F-2) was received by fax on May 8. Council on April 28 extended the EAW review period to June 8,1997. Staff is advised that Braman may have the bulk of the requested information completed within the next week or two. If that is the case, it is conceivable that a decision on the need for an EIS could be made at your May 26 meeting. It may be appropriate to tentatively set a work session for the week of May 19-23 to review the submitted information. 1 #2209 - Spring Hill Golf Club May 9,1997 Page 5 1 Council Action Requested Review the Planning Commission recommendation and identify any issues. Review, discuss and give staff direction regarding the 10 noted unresolved issues. Provide staff with direction as to whether approval documents should be developed for review at your ne ct meeting. If Council chooses, conceptual action regarding the variances and CUP could be taken, conditioned on a successful outcome of the EAW process. Council may wish to schedule a work session the week of May 19-23 for review of the anticipated EAW submittals. FPai ISCHOELL 8. MPDSOrJ 612 546 9065 1997.04 1 11:52 »479 P,01/02 Schoell S. Madson, Inc. Engineers • Surveyors • P/anners Soil Testing • Environmental Services 1 05B0 Wayzata Boulevard. Suite 1 MinnetonKs, IVIN 553D5-1595 Office S1 2-54G-7BQ1 Fax B1 2-54G-SQ65 April 2l, 1997 Michael P. Gaffiron Asst. Planning and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55232-0066 Subject:Well Interference Spring Hill Golf Course Orono, Minnesota 62676-001 Dear Mr. Gaffron, The purpose of tliis letter is to present to you tlic results of calculatmg the effective radius for the high capacity well to be used for inigatton at Spring Hill Golf Course. To ensure a conser\'iili\ e estimate of the effective radius of the well during pumping, we have used a pumping rate of 750 gpm and an estimated drawdo^Nti of 30 feet. Based on the data tliat is available from the drilling logs in the area, we have calculated u maximum distance that drawdown will be measiu-able to he 93ft feet. At tliis time there arc no wells within this distance of Spring Hill’s irrigation well except those on site. Tlierefore, no private wells should be impacted by the increased pumping from this well. During my e.xamination of the data we have ignored the effect of Long Lake on the piunping levels. Based on a detailed evaluation of the lake level and the water level in tlie domestic wells completed in the sand and gravel unit, the lake will probably act as a buffer for Ihet water levels. However, to be conseivative wc did not include this data in our calculations. Post-it* Fax Noto 7671 From Co/Dept.CO. Phoo« #PKc*«» I* ' Fax# Affirmative Action Equal Opportunity Employer .! FRCH ISCHOELL 8. MPDSON 612 546 9065 1997.04-25 1U52 «479 P.02/02 SCHOELL & MADSQN. INC. Gaffron Page 2 It should be noted that any well in the bed rock aquifers should not be affected by this well no matrer how much it is pumped. These bedrock aquifers are i.soIated from the siind and Bravcl units that are the source of water for the subject well. Very truly yours, SCHOELL & MADSON, INC i Hennepin County An Equal Opportunity Employer April 23, 1997 Greg Gappa Public Service Director City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 received APR 2 4 1997 C\TY OF ORONO Re: Spring Hill Golf Course Access, CSAH 6 Greg: As we discussed, Hennepin County, with city support, will require the provision of an auxiliary lane for westbound traffic at the CSAH 6/Hunter Drive/Spring Hill Road East intersection. The golf course engineer should make a recommendation of what type of lane is most feasible (painted left turn or combination by-pass/right turn) depending on right of way availability, drainage, geometries, traffic counts, etc. The goal is to accommodate westbound left turns with minimal impact to the current CSAH 6 traffic, which exceeds the 5000 ADT threshold for auxiliary lane installation by developers. An entrance permit will be required for this activity. A provision of this permit will be the removal of all current entrances to the site (approximately four "field driveways") including the old Conference Center access. Thanks for your cooperation and concern in this matter, and please call with any questions or discussion. Sincerely, David K. Zetterstrom Entrance Permit Coordinator DKZ:jrh Department of Public Works______________________ 320 Washington Avenue South Hopkins, Minnesota 55343'8496 (612)930-2500 FAX:(612)930-2513 TDD:(612)930-2696 Recycled Paper Schoell Sl Madson, Inc. EnginsBrs • Surveyors • R/anners So/7 Testing • Environmental Services 10580 Wayzata Boulevard, Suite 1 Minnetonka, MN 55305-1525 Office B12-548-7601 Fax B12-54B-SOB5 April 25,1997 Mr. Michael P. Gaffron Assistant Planning & Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Subject: Spring Hill Golf Club Dear Mike: Enclosed are two full-size plans and one 11" x 17" size plan of the sight line drawings at the maintenance facility and at the bluff area on Hole 5. In the case of the maintenance building, the sight lines show that, in most cases, the berm itself will screen the view of the building from the adjacent streets. In the balance of the cases, the proposed pine and spruce tree planting will screen the view. For Hole 5, the sight line from the south shows that the impact to the bluff area will be screened by the significant existing vegetation and trees that will be retained on the north side of Spring Hill Road. The sight line from the tee to the fairway shows the grading required on the bluff slope on the west side of the bowl to provide a line of sight to the fainway. The proposed grades shown on this plan propose 6 to 8 feet less excavation at the bluff slope than shown on the previously submitted grading plan. Please call me with any questions. Very truly yours, SCHOELL & MADSON. INC. Kenneth Adolf KEA/cj enc. cc: Andy Hunter, Spring Hill Golf Club Tim Johnson, Spring Hill Golf Club Tom Crosby, Faegre and Benson ^0 Q/eoM eTmice Affirmative Action Equal Opportunity Employer I t i 1 I I a i 1 I i i « 1 I I i i i .iJiiLJ i tttttT m m r* ■M S » • i i I i i I I i 01 HI : i < i ' i i i i BONESTROO AND ASSOCIATES Bonestroo Rosene Anderlik & Associates Engineers & Architects May 6.1997 ©612 6361311 05/05/97 09:58 g :01/03 NO:775 0:>neUfOO ffoscnc. Anaerhk ,tna Aaocn^ra n «vi Afrtf/n.u>he Action tqutH Opportunity impioyet Pr#r»c/p,»/S Otto G Bonestroo PE • JOifpnC An.irrht Pf • L Sorv«»i;» PE • Ch^'d E Turr^cr PE • G'cnn R Coo* **E • Thorr?! E No^ej ®E • Robert 0 Sch^n PE • Jetry A Bou'don. P£ • Robert W Rosene RE *»nd Sus«tn ss edc 'i n C pa Senior Consu !.vncs Afiro*ifp Pr^nopA's Howl'd A S^nfo'd ^E • Ae tr A Gordon PE • Robert R Pteffene. PE • Ricnerd W Poster. PF • Oav »0 O LOSkOtH PE • Rcoerc C Ruise« Al A • M^r» A HAnsor>. PE • Micn^ei T Raurm^nn. Pt • led KP'fid Pk • Kenneth p Anderson Pt • Mark R Rolfs Pk • Sidney P Wi'iiamson. PE L S • Robert F Koism.ih Offices St *>aui. Rccneiter. Wiiima* a'^d Si C'oud MN • Vequer i*i Mr. Michael P. Gaffron Asst. Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Spring Hill Golf Club File No. 139-2209 Dear Mike. Below you will find our comments pertaining to water quality impacts and forest impacts for the Spring Hill Golf Club in Orono and Medina. Forest Management Recommendations The Minnesota Natural Heritage Program has identified an area of good quality (BC Rank) maple- basswood forest (Big Woods Subtype) within the SW, NE of Section 26, Township 1 18N. Range 23W. This forest is dominated by large diameter sugar maple, red oak. white oak and basswood. The subcanopy consists of smaller diameter sugar maple. Based on DNR surveys, there is good regeneration of sugar maple within this forest community. The following general recommendations should be considered to reduce impacts to forest areas: It appears that buffer widths along wetlands are approximately 40 feet. Buffer widths should be wherever possible with the native big woods vegetation retained. Much of ihtt wildlife liabitat value of this .site is derived from the mixture of good quality big woods forest and wetlands. Maintaining the connectivity between the wetland and forest conuiiunities will help to retain these wildlife values as well as butter the wetlands from stormwater runoff. Avoid runoff or accidental application of fertilizers and pesticides to forest and wetlands. Introduction of fertilizers to forest and wetland ecosystems may encourage the spread of nonnativc and/or weedy plant species. Pesticides application may directly or indirectly result in significant declines in wildlife diversity. Landscaping should be designed to divert runoff from these areas to stonriwater treatment ponds. Both forest and wetland communities presently contain troublesome exotic plant species. According to DNR records and the Wetland Delineation Report (Schoell & Madson, 1997), purple loosestrife and common buckthorn and tatarian honeysuckle are present within the site. Generally, the greater the level of disturbance, the higher the potential for invasion by these species, therefore, disturbances within fore.'* and wetland areas should be minimized to the extent possible. On-going monitoring for these species should be carried out both during and after construction. If these species are detected, management measures should be taken immediately. Native plant materials should be utilized where”“r p *ible, particularly in the "rough" and along forest and wetland edges. Planting native shrubs along t?v. .orcst edges such as chokccherry, american hazel, 233S West Highway 36 • St. Paul, MN 55113*3898 • 612 636-4600 BONESTROO AND ASSOCIATES © 612 6361311 05/05/97 09:58 0 :02/03 N0:775 Mr. Mike Gaffron, City of Orono Page -2- May 6,1997 red berried elder, nannyberry and pagoda dogwood will help to ensure that the newly opened forest edges do not becoine dominated by common buckthorn and tatanan honeysuckle. In a similar way, establishing a mixture of wet meadow/wet prairie grasses and forbs along wetland edges will help to minimize competition with nonnative species such as purple loosestrife and reed canary. Water Quality General Comments: • Reducing the amount of fertilizers, fungicides, and herbicides applied to the turf will reduce the probability to negatively impact water quality. Therefore, the choice of a low maintenance fairway turfgrass such as kentucky bluegrass would be an improvement over a high maintenance turfgrass such as bent grass. • The plans show a buffer around all the wetlands. This will protect the water quality of the wetlands by filtering sediments, increasing infiltration, and increasing plant uptake. However, the plans do not show what type of plants are being used in the buffer strips or how the buffer strips are going to be maintained. • Putting greens require the most chemical and water inputs, and all putting greens (and sometimes tee boxes) have a subsurface drainage system that quickly discharges excess water. This water has the potential to contain high concentrations of dissolved chemicals. The plans do not show where each green’s subsurface drainage system outlets. On holes with greens near wetlands, the drainage system typically discharges directly into the adjacent wetland which negatively impacts the wetland’s water quality and plant community. Treating green discharge will protect water quality. Water Quality Hole*By-Hole Comments: Holes #i. 4.7,11.16,17. & 18: • OK Hole #2; • Extend silt fence north to protect erosion created by tee construction. Hole #3; • Storm sewer from parking lot and entrance road is short-circuited. • Where is the green subsurface drainage outletting? Hole #5; • Extend silt fence to southeast comer of wetland 4 to protect from cart path construction. • Extend silt fence around southern border of NURP pond 2. • Where is green subsurface drainage outletting? Hole #6: • Extend sill fence along southwestern side of NURP pond #1 to protect ditch from erosion. Hole #8; • Add silt fence between cart path and wetland. Hole #9: • Add silt fence between tee and ditch along Tamarack Drive behind tee boxes. • Where is green subsurface drainage outletting? ►- BONESTROO AND ASSOCIATES ©612 6361311 05/05/97 09:58 0 :03/03 N0:775 Mr. Mike Gaffron, City of Orono Page -3- May6,1997 Hole #10! • How is the lO"* tec in wetland 17 going to be constructed without impacting the wetland? • What kind of timber is used in the retaining wall? • Where is green subsurface drainage outletting? Hole #12; • Add silt fence between tees and wetland. • Where is green subsurface drainage outletting? Hole »13; • Add silt fence between tecs and wetland 13. • Extend sill fence along entire southern end of wetland 15. Hole #14; • Add silt fence around wetland mitigation area after construction of wetland. Hole #15; • Protect drainage way with silt fence. Schoell and Madson have indicated many features will be designed in the field during the construction process. All comments made above are based on construction documents dated January 1997. Our comments are subject to change depending on changes made to the design during construction. Please feel free to contact either of us at this office if you have any questions regarding this matter. Yours very truly. BONESTROO, ROSENE. ANDERLIK & ASSOCIATES. INC. Anthony R. DeMars Keith R. Yapp Cc: Mr. Loren Kohnen, City of Medina To; From: Date: Subject: Mayor Jabbour and Councilmembers Michael P. Gaffron, Asst. Planning & Zoning Administrator May 8,1997 #2209 Spring Hill Golf Club - CUPA^ariances - Summary of Staff and Planning Commission Recommendations I.ZONING CONFORMITY Should site be rezoned from RR-lB-1 to RR-IB? STAFF & PC RECOMMENDATION: If the golf course is approved, the easterly portion of the site currently zoned RR-lB-1 should be rezoned to RR-IB. II. LEGAL COMBINATION STAFF & PC RECOMMENDATION: All portions of the property in Orono should be legally combined. If Hennepin County will not do so because of the Co. Rd. 6 separation, a Special Lot Combination should be required as a condition of approval. III. ENVIRONMENTAL IMPACTS A. Bluff ImpactVariances STAFF & Pf RECOMMENDATION: Planning Commission finds that the proposed changes to the blufi'have been minimized to the greatest extent possible, that the proposed visual impacts of d»c changes are acceptable, and that there is suitable hardship and justification shown. Recommendation is for variance approval, subject to: 1. Adherence to the revised plans as proposed. 2. Use of Best Management Practices for erosion control during construction, including but not limited to use of silt fencing and erosion control blankets where slopes exceed 3:1. 3. Any retaining walls exceeding 4' in height must have an engineered design. B. Wetland Impact Variances STAFF & PC RECOMMENDATION: Planning Commission finds that the requested wetland grading/filling variances are supported by valid and adequate hardships. Recommendation is approval as revised, based on the applicant having provided substantial mitigation resulting in a net gain in wetland acreage, and based on appropriate integration of wetlands into the stormw'ater management plan, subject to the following conditions: f #2209 - Spring Hill Golf Clnb May 8,1997 Page 2 a. b. Use of proper erosion control methods during construction. Wetland mitigation subject to MCWD approval and in accordance with the Minnesota Wetland Conservation Act and Corps of Engineers Section 404 Clean Water Act requirements. C. Big Woods Alteration Impacts STAFF & PC RECOMMENDATION: Planning Commission assessed all relevant information regarding the Big Woods and concluded that applicants have taken appropriate steps to minimize the impacts, that there still will be significant impacts, but that the golf course use is a better alternative for use of this property than residential development which is likely to occur if the golf course does not proceed, and which would potemtially have a greater impact than the golf course. CITY ENGINEER'S RECOMMENDATION: Anthonv DeMars of Bonestroo has made a number of general recommendations in his letter of May 6 regarding reduction of impacts to the Big Woods. These include maintaining wetland perimeter buffers; maintaining connectivity between wetland and forest areas; careful pesticide and fertilizer application; management and removal of exotic plant species, and use of native plants along the forest edges. D. Alteration of Wildlife Habitat and Movement Corridors STAFF & PC RECOMMENDATION: (none) £. Impacts on Surface Water Runoff Quality/Quantit}' 1. Drainage. b. STAFF & PC RECOMMENDATION (Per City Engineer's comments): a. Storm sewer lines should be extended to the normal water level of the wetlands or ponds. There may be a need for a drainage culvert along the north side of Co. Rd. 6 to direct drainage past the tunnel entrance. Existing roadway culverts near the site should be field surveyed and if damaged or deteriorated, should be replaced (Staff note: since applicants' plan does not require upsizing of culverts, their replacement would normally be done at City expense). c. i #2209 - Spring Hill Golf Club May 8,1997 Page 3 2. Wetlands. STAFF & PC RECOMMENDATION: Accept sectional weir solution to Mr. Kruger's concerns (document this within the developer's agreement). Approve wetland variances and mitigation subject to the recommendations in item IIl-B above. 3. Water Quality. STAFF & PC RECOMMENDATION: Withhold approval of the water quality plans pending recommendations from the City Engineer, addressing his concerns about the total reliance on NURP ponds for water quality management and the potential use of managed vegetative buffer strips to deal with nutrients in golf course runoff that are soluble and may tend to not settle out but be discharged. Approval by the Minnehaha Creek Watershed District will also be required. Subject to adherence to submitted turf management program.''Ti->‘'' CITY ENGINEER ADDITIONAL RECOMMENDATIONS 5/6/97: In his May 6 letter, Anthony DeMars of Bonestroo has made a number of recommendations regarding water quality: - Use low-maintcnance turgrasses to reduce fertilizer & pesticide needs - Maintain wetland buffers (he notes applicant should identify what plants will be used in the buffer strips) Avoid putting green underdrain discharge directly to wetlands He also has indicated aditional locations where silt fence should be added during construction. 4. Hardcover Calculations. Zsm Existing Proposed Allowed 0-75'0%0%0% 75-250*0%4.6%25% 250-500’1.5%2.9%30% 500-1000’6.5%7.2Vo 35% STAFF & PC RECOMMENDATION: Accept the hardcover proposal as conforming with City ordinances. F. Septic System STAFF & PC RECOMMENDATION: Condition approval of the Maintenance Facility site plan on submittal and approval of a satisfactory site evaluation and system design. #2209 - Spring Hill Golf Club May 8,1997 Page 4 ?v. G. Groundwater Usage/Impacts STAFF & PC RECOMMENDATION: Applicant has provide an acceptable analysis of possible groundwater impacts, and it appears that no neighboring wells will be impacted. H. Storage of Fuels and Agricultural Chemicals STAFF & PC RECOMMENDATION: Approval of fuel and chemical storage facilities as described and as shown on the site plan (Exhibit A of March 13 memo) subject to the appropriate permits and pertinent code requirements, and subject to appropriate screening as discussed in the March 13 staff memo. INFRASTRUCTURE/COMPREHENSIVE PLANNING A. Maintenance Facility Access Location STAFF & PC RECOMMENDATION: Approve the revised northerly location of the access to the maintenance facility based on this being the safest location for an ac u to serve the maintenance facility at this site. B. Clubhouse Access Location (See Moorse/Gappa memo of 3-31-97, City Engineer letter of April 16, and Hennepin County letter of March 19) Staff and the City Engineer have concluded that the most appropriate access location is on Spring Hill Road as proposed, and Hennepin County Public Works concurs. This is consistent with City codes and policies limiting direct access onto arterial roadways whenever possible. STAFF RECOMMENDATION: Approve new driveway access onto Spring Hill Road for clubhouse, subject to closiire and removal of all current field entrances and driveways abutting the site on County Road 6. PLANNING COMMISSION RECOMMENDATION: Planning Commission could not reach a concensus on this issue, and passed it along to Council for consideration. C. Spring Hill Road Condition (See letter of April 16 from City Engineer) The Engineer has indicated that the condition of Spring Hill Road and East Long Lake Road warrant more than normal maintenance. He is recommending that Spring Hill Road be overlayed at Spring Hill's expense, based on the #2209 - Spring Hill Golf Club May 8,1997 Page 5 increased intensity of use associated with the golf course use. The overlay would be expected to last 10 years, estimated cost for the overlay is $131,732. STAFF & PC RECOMMENDATION; Per City Engineer's recommendation dated 4-16-97. D. Intersection Upgrades The City Engineer has indicated that Hennepin County should determine whether intersection upgrades, including turn lanes, are needed at the 6/Tamarack and 6/Hunter intersections as a result of this development. If so, the Engineer recommends those upgrades be assessed to this development. Staff is meeting with Hennepin County on April 18 to review this. STAFF RECOMMENDATION: Per Hennepin County April 23 letter, a westbound auxiliary lane should be developed at the Hunter/6 intersection. PC RECOMMENDATION: PC agreed that intersection upgrades should be required if deemed necessary, but left it to Council to determine who pays for them. E. Trail System Medina has conditioned their approval on a trail easement along Tamarack coinciding with Orono's trail. Orono's adopted trail plan does not include a trail heading north on Tamarack Drive. It does, however, indicate a trail coming up East Long Lake Road and continuing westward on Spring Hill Road. Applicant has indicated he will cooperate to the extent possible in establishing trails on or adjacent to the perimeter of the site. Neither staff nor Park Commission have investigated the specific trail needs or routing as of this writing. PC RECOMMENDATION: None STAFF RECOMMENDATION: (See May 9 Staff Memo) F. Utility Needs Municipal sewer and water are not available for this property. The property can be developed as proposed without the need for municipal utilities. STAFF & PC RECOMMENDATION:None G. Tunnel Under Co. Rd. 6 See Hennepin County March 19 letter. A number of issues regarding the pedestrian/vehicle culvert under County Road 6 were raised by the County. This will require additional #2209 - Spring Hill Golf Club May 8,1997 Page 6 discussion between the City and the County. However, staff conceptually has no problem with the tunnel. PC RECOMMENDATION: None STAFF RECOMMENDATION: (See May 9 Staff Memo) VI. OTHER IMPACTS A. Archaeological/historical sites The Phase I Cultural Resources Sur\ey conducted for Spring Hill by Bear Creek Archaeology, Inc. identified two areas of potential archaeological importance. Both sites were deemed to have potential for inclusion in the National Register of Historic Places (NRHP). Because of this potential, both sites will undergo a Phase II investigation this spring. The likely result will be inventorying and artifact removal rather than site preservation. STAFF & PC RECOMMENDATION: None, pending outcome of additional investigation. B. Aesthetic impacts 1. Architectural Compatibility With Surrounding Neighborhood . STAFF & PC RECOMMENDATION: Accept architectural style of clubhouse as presented, finding it is compatible with the surrounding area and not ver/ visible from off site; and require screening of maintenance building. 2. Lighting. STAFF & PC RECOMMENDATION: Applicants to provide a lighting plan prior to issuance of building permit for staff approval, the intent being compatibility with the residential nature of the area, compliance with City codes and shielding so that the sources of light are not visible from offsite. 3. Preservation of Open Snnee Character. Maintaining Natural Rural Vistas, and Tree Removal and Replacement. STAFF & PC RECOMMENDATION: 1.Approval should be conditioned on City acceptance of a final detailed tree replacement plan. #2209 - Spring Hill Golf Club May 8, 1997 Page 7 2. 3. Grading plan must avoid the use of berms which block vista-type views of the site from the adjacent roadways. Perimeter fencing of the site, if proposed, shall be of a low opaqueness, such as a split-rail or similar fencing. C. Site Activity Impacts 1. Maintenance Activity Impacts . STAFF & PC RECOMMENDATION: Approval should be subject to applicant complying with the City's ordinances with regard to noise, vibration, odors, lighting, etc. 2. Clubhouse Area Activity. STAFF & PC RECOMMENDATION: Approval should be conditioned on the requirement of a new CUP for future changes in the level of activity at the site (the initial propose ! level of use must first be defined in terms of number of members, types of activity allowed, etc.) or for conversion to a public course. 3. Impact of Seasonal Use. The seasonal nature of the golf course use is not expected to have a negative impact on the neighborhood. STAFF & PC RECOMMENDATION: The final CUP approval resolution should define the applicants' expected level of activity that will occur in the winter. D.Golf Course Amenities The clubhouse will contain 4 guest rooms as well as kitchen/dining facilities in addition to the locker rooms and other typical operational facilities and offices. Parking facilities for 60 cars would be required by code, and approximately 125 stalls will be provided per the most recent parking plan revision. A rest station with toilets and a concession stands is proposed to be located north of the Co. Rd. 6 tunnel. STAFF & PC RECOMMENDATION: The concession stand should be screened to the extent possible to reduce its visibility from the roadway so that it does not become a nuisance. #2209 - Spring Hill Golf Club May 8,1997 Page 8 E. Land Alteration CUP STAFF & PC RECOMMENDATION: The following should be required as general conditions of approval: 1. 2. 3. 4. 5. 6. The City may limit the hours during which grading activity may occur so as not to be a disturbance to the neighborhood. The specific hours should be a point of discussion prior to final resolution approval. Applicant shall take whatever steps are necessary to minimize odors and dust during the construction process. Given the existing condition of Spring Hill Road, it would be reasonable and prudent for the City to limit construction traffic to the existing Co. Rd. 6 access. The developer shall maintain local roads in a clean condition. The City shall retain the ability to limit construction traffic on local roads if weather conditions result in an unsafe situation, although most grading work is expected to be completed in the summer months where icy conditions are not a concern. Applicants shall adhere to the Best Management Practices for Protecting Water Quality in \ Irhan Areas. Applicants have included erosion and sedimentation control measures on their grading plan which will be reviewed by the City Engineer (should adhere to erosion control measures noted in May 6 Bonestroo letter). #2209 - Spring Hill Golf Club May 8,1997 Page 9 APPENDIX A:IMPACT OF FOREGOING ALTERNATIVE SITE USES (This information was included in the April 18/21 staff memo) The alternative permitted uses for the site include continuation as a conference center; redevelopment into single-family housing on 2-acre lots; and use for public parks and playgrounds or municipal buildings. A number of potential conditional uses are allowed in the RR-IB/RR-IB-I districts. The potential financial impact on the City due to development of this property as a golf course rather than for single family housing is defined below in terms of foregone potential ta.x revenues and park fees. A. Potential Residential Development Analysis The potential number of 2-acre residential lots possible in Orono within the property is approximated as follows: Gross Orono Acreage 147 ac. Less Orono Wetlands 10 ac. Net Developable Acreage 137 ac. Average Lot Size in 2 ac. zone incl. interior roads = 2.5 ac. Number of Lots Possible = 137 / 2.5 = 55 lots B. Tax Base Implications Annual Taxes on 55 homes of average valuation of $600,000 each = 55 x $13,500 = $742,500 City Portion of Same = 0.11 x $742,500 = S 81,675 Annual Taxes on Golf Course: Example: Woodhill CC • 120 acres in Orono Taxable Market Value: Land $ 835,200 Bldgs $ 189,900 Total $ 1,025,100 Taxes $ 59,300 City Portion $6,500 Example: Wayzata CC -150 acres in Orono Taxable Market Value: Land $ 1,255,100 Bldgs $1,326,000 Total $2,581,100 Ta.xes$ 144,600 City Portion $15,900 C. Park Fee Implications (No park fee is charged because this is not a subdivision) 1997 Tax Book Land Valuation of Orono Parcels: $ 1,620,000 Total Acreage in Orono: 147 ac. Valuation per Acre: S 11,000/ac. Applicants Stated Property Costs (incl bldgs) Per acre costs ($5,500,000/195 ac.) Cost of Land if Intended for SFR is higher, say Cost per Acre for Housing ($6,000,000/195) 8% Orono Park Fee based on Sale Price (147 ac. X $30,800 x .08) Park Fee Per Acre ($362,000/147) $ 5,500,000 $ 28,200/ac. $ 6,000,000 $ 30,800/ac. $ 362,000 2,460/ac. Park Fee Per Lot = $362,000/55 = $6,600. (This is not out of line with park fees charged in other subdivisions in Orono since 1990.) Chair Lindquist and Planning Commission Members Michael P. GafTron, Asst Planning & Zoning Administrator April 18, 1997 (Items V and VI revised 4-21-97) #2209 Spring Hill Golf Club - CUP - Discussion and StalT Recommendation on Various Issues ZONING CONFORMITY Should site be rezoaed from RR*1B-1 to RR-IB? Rezoning is not required for the golf course to be approved. Rezoning uould, however, eliminate any ftiturc "study and research center" use of the site. The RR-1 B-l subdistrict was created specifically to accommodate the Spring Hill Conference Center, which will no longer exist If the golf course Is developed. Once a golf course is established at this site, future conversion bock to a conference center use is unlikely. Further, while Spring Hill was generally a *goc- neighbor, it would not be prudent to allow a redevelopment of the site for "study and resoirch center" use due to the lack of municipal sewer and water as well as potential incompatibility with the surrounding rural residential neighborhood. STAFF RECOMMENDATION: If the golf course is approved, the easterly portion of the site currently zoned RR-1 B-l should be rezoned to RR-1 B. IK LEGAL COMBINATION The 10 separate tax parcels as currently configured result in zoning Issues as noted in the Fcbrtauy 5 staff memo, namely the need for the maintenance facility to be accessory to the principal use, and the potential impact on setbacks. STAFF RECOMMENDATION: All portions of the property in Orono should be legally combined. If Hennepin County will not do so because of the Co. Rd. 6 separation, a Special Lot Combination should be required as a condition of approval. III. ENVIRONMENTAL IMPACTS A. Bluff Impact Variances (Also See March 13 staff memo, and Exhibits B A C of April 18 staff memo) Applicants have provided a new grading and tree removal/preservalion plan for the area of the bluff. This plan appears to have much less impact than the original plans provided. The cart path #22094-18-97 Page 2 has been slightly relocated. It appears that the barrier of trees to the south of the gravel pit area will remain, so that the impacts of grading will be better screened as viewed from the lake. Applicant's indicated justification for this variance is the layout of the course, the fact that this bluff is in many respects a man-made feature, and that the potential visual Impacts as viewed from off-site have been minimized by narrowing the corridor of grading and tree removal. The proposed accra road has been rnoved further north to reduce its impoct on the bluff, and while still appearing to be within the bluff impact zone, it Is above the top of the bluff and behind a significant ^and of trees which will tend to minimize the visual impact of the driveway. ST AFF RECOMMENDATION: If Planning Commission finds that the proposed changes to the bluff have been minimized to the greatest extent possible, that the proposed visual impacu of the changes are acceptable, and that there is suitable hardship and justification shown, then a recommendation for variance approval would be appropriate, subject to: 1 . Adherence to the plans as propos^. 2. Use of Best Management Practices for erosion control during construction, including but not limited to use of silt fencing and erosion control blankets where slopes exceed 3:1. 3. Any retaining walls exceeding 4' in height must have an engineered design. B. Wetland Impact Variances (Also sec March 13 staff memo, and City Engineer's comments in March 14 memo). Applicants have provided a rationale for the proposed impacts to wetlands #5 and #12. In the cose of #5. the basis for extensive filling of the north half of this wetland is its location at the second-shot landing area of the 5th fairway. For hole #12, the rationale for filling b again based on the need for minimum fairway width at the specified distance from the tee. Applicants indicate the fairway at thb point b at a minimum fuiKtional width of 50 yards. Applicants have also revised the final buffer widths on wetlands #2 and #5 (which are being impacted by grading) and on #4 and #7 (which are not being graded) to meet the City's 26* requirement. Wetland #11 (not a City wetland) will have a 16.5' buffer width. STAFF RECOMMENDATION: If Planning Commission determines hat the requested wetland grading/filling \nriances are supported by valid and odeqU iC hardships, suff recommends approval as revised, based on the applicant having p >vided substantial mitigation resulting in a net gain in wetland acreage, and based on appr «priate integration of wTtlands into the stormwater management plan, subject to the follow ig conditions: a. Use of proper erosion control methods during construct' >n. ii2209 4-18-97 Page 3 b. Wetland mitigation subject to MCWD approval and in accordance with the Minnesota Wetland Conservation Act and Corps of Engineers Section 404 Clean Water Act requirements. C. Big Woods Alteration Impacts (See also March 26 staff memo) It is clear from the EAW comments received that the commenting parties wish to have the Dig Woods preserved in substantially its current state. Preserving strips of trees between fairways as proposed will yield a result that will no longer be Big Woods. This fragmentation is necessary if the golf course use is to occur. Applicants have indicated it IS not possible to push all the golf course impacts to one side of the site and preserv'e a substantial (say, 20 acre) block of Big Woods. Commenlers have also provided much discussion about the unique, fragile and threatened nature of remaining Big Woods parcels in Hennepin County os well as how this one relates to Wood Rill and Wolsfeld. The fact remains that the City has no regulations which would specifically prohibit destruction of this Big Woods. At best, in staffs opinion, the City has a limited number of potential options for preserving this Dig Woods remnant, some of which may not be practical. Options include: 1 . Purchase the property. 2. Approve the CUP subject to no tree removal or grading witliir the Big Woods. 3. Deny the CUP. Purchase of the property would l>e expensive and presumably cannot occur unicss/until the Golf Club drops its purchase option. Then, there must be a w illing seller, and the City must have the funds. Also, it is problematic that 2/3 of the Dig Woods is in Medina and the Medina City Council has granted conceptual approval to the project. Options 2 or 3 would presumably rely on a finding that the fragmentation and therefore resultant destruction of die Big Woods is not in keeping with the specific Goals and Policies of the Orono Comprehensive Plan relalmg to preservation of woodlands. The City is perhaps in a more defensible position under Option 2, since a ‘golf course' is supported ns a rural area use in the Comp Plan, is an allowed conditional use in the RR-lB/RR-lD-1 zones, and there arc no specifically defined CUP performance standards which are not being met Although there may be a number of private groups searching for aliemalc uses of the Spring Hill properties with the hopes of preserving the Dig Woods, the City is obligated to review and come to a conclusion on the application at hand. And. if the City concludes the golf 4-18-97 Page 4 course is not appropriate and this proposed use goes away, it is a fact that any developer could propose a residential subdivision of the Big Woods which under current ordinances the City would have to approve. Absence of the golf course proposal docs not guarantee preservation of the Big Woods. STAFF RECOMMENDATION: Planning Commission should assess all relevant information regarding the Big Woods and conclude whether it is appropriate to take steps to preserve it. D. Alteration of Wildlife Habitat and Movement Corridors The EAW addresses this issue in some detail. There arc few City codes specifically intended to preserve wildlife habitat and corridors. City wetland regulations do intend to preserve wetland habitats. The applicant acknowledges there will be impacts to wildlife, but suggests those impacts will be less impact with the golf course proposal than there would be with a housing development within this 195 acre site. STAFF RECOMMENDATION: (none) E. Impacts on Surface Water Runoff Quality/Quantity 1 . Dminaye. City Engineer Shawn Gustafson has reviewed the proposed improvements related to stormwater quantity and finds them acceptable from an engineering standpoint, noting that the hydraulics and hydrology arc consistent with the routing colculations and drainage patterns currently being prepared as part of Orono's Storm Water Management Plan, 1 lis letter of March 1 4 makes a number of specific comments which are incorporated into the following staff recommendation. b. STAFF RECOMMENDATION: a. Storm sewer lines should be extended to the normal water level of the wetlands or ponds. There may he a need for a drainage culvert along the north side of Co. Rd. 6 to direct drainage past the tunnel entrance. Existing roadway culverts near the site should be field surveyed and if damaged or deteriorated, should be replaced (Staff note: since applicants' plan does not require upsizing of cul ^ erts, their replacement would normally be done at City expense). c. 2. Wetlands (Also sec March 13 staff memo). An adjacent Orono property owner, Dick Krueger, has expressed concern that the proposed impoundment of Wetland #17 in Medina will act to reduce the long-term elevation of. i.c. dry up. the immediately downstream wetland on his property (tlie large wetland between Willowbrook Drive and Wyndmere 1 #22094-18-97PagesRoad, just north of Co. Rd. 6). Applicam's :onsuhing engineer has addressed this concern to the satisfaction of Mr. Knieger. The soulution appears to be a proposed sectional weir which can be raised or lowered incrementally. STAFF RECOMMENDATION: Approve wetland variances and mitigation subject to the recommendations in item III-B above. 3. Watgr Duality. The City Engineer has reviewed the water quality assumptions used in applicants report, and has preliminarily indicated some concern with the total reliance on NURP ponds for water quality management The concern is that nutrients in golf course nmofifait soluble and may tend to not settle out but be discharged. One way to reduce this coocero is through increased use of managed vegetative buffer strips. The Engineer also requested additional information regarding the types of turf grasses to be used, since this impacts the nutrient budget He has been provided this information as well as a proposed turf management program to reduce the amount of excess nutrients leaving the site. STAFF RECOMMENDATION: Withhold approval of the water quality plans pending recommendations from the City Engineer. Approval by the Minnehaha Creek Watershed District will also be required. 4, rulculations . Applicants have provided hardcover calculations for the sitefincluded in February 18 supplemental information) showing tluit the proposal will comply with City hardcover ordinances: FiOnc Existino Allowed 0-75*0%0%0% 75-25(7 0%4.6%25% 250-500*1.5%2.9%30% 500-1000*6.5%7.2%35% STAFF RECOMMENDATION: Accept the hardcover proposal as conforming with City ordinances. F. Septic System The existing conference center septic system should be more than adequate to serve the clubhouse. No site e%*alualion or cksign information has been submitted for the maintenance facility septic system due to ground conditions, but applicants have indicated this work is now undensay. Preliminary indications arc that the 100* x 120* drainlicIJ area #2200 4-18-97 Page 6 designated on the site plan is suitable for a single mound system, but a secondary site must be located somewhere outside that designated area. STAFF RECOMMENDATION: Condition approval of the Maintenance Facility site plan on submittal and approval of a satisfactory site evaluation and system design. G. Groundwater Usage/Impacts Water supply is not anticipated to be a problem at this site. The existing 10" well is 178* deep, cased down to 143* (was drilled to 429*, apparently caved In so that it only has open hole from 143* to 178*), approximately 100* lower than the surface elevation of Long Lake, terminating in a coarse sand layer. Static level per the 1984 Slate well record is 99*, with a 20* drawdown at a pumping rate of750 gpen. A resident of Hollander Road, Paul Bruer, has requested that the applicant be required to perform groundwater modeling studies to predict the impact of the golf course's irrigation wnter appropriations on the local water supply (see attachment *d.* of May 14 memo). STAFF RECOMMENDATION: Applicant should provide an analysis of possible groundwater impacts. II. Storage of Fuels and Agricultural Chemicals An above-ground fuel storage svstem will be installed at the site meeting all pertinent code requirements. Applicants have indicated chemical storage will be as follows: The chemical andfertilizer storage will be a small free-standing structure adjacent to the maintenance building and built with the same type materials used on the main maintenance building. During the golf season, only Class / and Class II chemicals will be stored in this secured building. In addition, all sprayers and sqfitty equipment wilt be stored in this secured building. The fertilizer building will store minimal amounts of fertilizers of the type generally used on golf courses. Access to this building will be limited to applicators licensed by the State of Minnesota STAFF RECOMMENDATION: Approval of fuel and chemical storage facilities as described and as shown on the site plan (Exhibit A of March 13 memo) subject to the appropriate permits and pertinent code requirements, and subject to appropriate screening as discussed in the March 13 staff memo. #2209 4-18-97 Page 7 IV. INFRASTRUCTURE/COMPREIIENSIVE PLANNING A. Maintenance Facility Access Location The most recent set of plans indicate the access location moved northward to the crest of the road to enhance sight distance. This appears to be the safest location for an access to serv e the maintenance facility at this site. STAFF RECOMMENDATION: Approve the revised location of the access to the maintenance facility. B. Clttbhonsc Access Location (See Moorse/Oappa memo of 3-31-97, City Engineer letter of April 16, and Hennepin County letter of March 19) Staff and the City Engineer have concluded that the most appropriate access location is on Spring Hill Road as proposed, and Hennepin County public Works concurs. This is consistent with City codes and policies limiting direct access onto arterial roadways whenever possible. STAFF RECOMMENDATION: Approve new driveway access onto Spring Hill Road for clubhouse, subject to closure and removal of all current field entrances and driveways abutting the site on County Rood 6. C. Spring Hill Road Condition (See letter of April 16 from City Engineer) The Engineer has indicated that the condition of Spring Hill Road and East Long Lake Rood warrant more than normal maintenance. He is recommending that Spring Hill Road be overlayed at Spring HiH's expense, based on the increased intensity of use associated with the golf course use. The overlay would be expected to last 10 years, estimated cost for the overlay is SI31,732. STAFF RECOMMENDATION: Per City Engineer's recommendation dated 4-16-97. D. Intcrsectior Upgrades The City Engineer has indicated that 1 lennepin County should determine whether intersection upgrades, including turn lanes, are needed at the 6/Tamarack and 6/Hunter intersections as a result of this development. If so, the Engineer recommends those upgrades be assessed to this development. Staffis meeting wiili Hennepin County on April 18 to review this. STAFF RECOMMENDATION: Pending #22094-18-97(Reviscd 4-21-97) Page 8 E. Trail System V. Medina has conditioned their approval on a trail easement along Tamarack coinciding with Orono's trail. Orono's adopted trail plan does not include a trail heading north on Tamarack Drive. It does, however, indicate a trail coming up East Long Lake Road and continuing westward on Spring Hill Road. Applicant has indicated he will cooperate to the extent possible in establishing trails on or adjacent to the perimeter of the site. Neither staff nor Pork Commission have investigated the specific trail needs or routing as of this writing. STAFF RECOMMENDATION: Pending F. Utility Needs Mujucipal sewer and water arc not available for this property. The property can be developed 05 proposed without the need for municipal utilities. STAFF RECOMMENDATION: None G. Tunnel Under Co. Kd. 6 See I lennepin County March 19 letter. A number of issues regarding the pcdestrion/vehicle culvert under County Rood 6 were raised by the County. This will require additional discussion between the City and the County. However, staff conceptually has no problem with the tunnel. STAFF RECOMMENDATION: Pending IMPACT OF FOREGOING ALTERNATIVE SITE USES The alternative permitted uses for the site include continuation as a conference center, redevelopment into single-family housing on 2-acre lots; and use for public parks/playgrounds or municipal buildings. A number of potential conditional uses are allowed in the RR-1D/RR-ID-1 districts. Ilie potential financial impact on the City due to development of this property as a golf course rather than for single family housing is defuied below in terms of foregone potential tax revenues and park fees. A. Potential Residential Development Analysis The potential number of 2-acrc residential lots possible in Orono within tlie property is approximated as follow's: ^22094-18-97(Rcviscd 4-21-97) Page 9 Gross Or>no Acreage Less Orono WdlanH* Net Developable Actcage 147 ac. 10 ac. 137 ac. Average Lot Size in 2 ac. zone incl. interior roads - 2.5 ac. Number of Lots Possible * 137 / 2.5 ■ 55 lots B. Tax Base Implications Annual Taxes on 55 homes of average valuation of $600,000 each •= 55 X $13.500-$742,500 City Portion of Same - 0.11 x $742,500 - S 81,675 Annual Taxes on Golf Course: Example: Woodhill CC -120 acres in Orono Taxable Market Value: Und$ 835.200 Bldgs $ 189.900 Total $ 1.025.100 Taxes $ 59.300 City Portion $6400 Example: Wayzata CC -150 acres in Orono Taxable Market Value: Land$U55.l00 Bldgs $1,326,000 Total S 2.581.100 Taxes S 144,600 City Portion $15,900 C. Park Fee Implications Q4o park fee is charged because this is not a subdivision) 1997 Tax Book Land Valuation of Orono Parcels: $ 1.620.000 Total Acreage in Orono: Valuation per Acre: Applicants Stated Property Costs (incl bldgs) Per acre costs ($5400.000/195 ac.) Cost of Land iflntcnded for SFR is higher, say Cost per Acre for Housing ($6,000,000/195) 8% Orono Park Fee based on Sale Price (147 ac. X $30,800 X .08) Park Fee Per Acre ($362.000/147) $ 2.460/ac. Park Fee Per Lot - $362,000/55 - $6,600. (This is not out of line with park fees charged in other subdivisions in Orono since 1990.) 147 ac. $ ll.OOO/ac. $ 5.500.000 $ 28.200/ac. $ 6.000.000 $ 30.800/ac. $ 362.000 #22094-18-97(Reviscd 4-21-97)Page 10VI. OTHER IMPACTS A. Archaeoligical/hlstorical sites (Information added 4-21 -97) This topic is addressed at length in the EA W. The Phase 1 Cultural Resources Surv^ conducted for Spring Hill by Bear Creek Archaeology. Inc. identified two areas of potential archaeological importance. The first is a historic habitation site located between Co. Rd. 6 and Spring Hill Road near the west end of the property. The second is also a historic habitation site including a stone and mortar foundation, located just north of Spring Hill Ro^ near the cast end of the property. Both sites were deemed to have potential for inclusion in the National Register of Historic Places (NRHP). Because of U. s potential, both sites will undergo a Phase II investigation this spring. STAFF RECOMMENDATION: None, pending outcome of additional investigation. B. Aesthetic impacts 1. Architectunil Comoatihilitv With Surrounding Neighborhood. The propo^ clubhouse is intended to be a remodeling of the existing conference center buildings which arc already somewhat residential in character. The steeply pitched gable roof, donners and I -2 story nature of the structure make it relatively compatible with its rural residential setting. Also, the clubhouse will be located such that its visibP'W from off-site is limited. The proposed maintenance building is not architecturally compatible with the neighboring residential area, hence the City's concern as part of the Oversize Accessory Structure review is to make su.rc that building is adequately screened as viewed from off-site. STAFF RECOMMENDATION: Accept architectural Siyle of clubhouse as presented, require screening of maintenance building. 2. I .iyhting. Applicants have indicated they intend only minimal lighting of the site as necessary for safety and function. Prior to building permit approve, a lighting plan will be required. City codes require that all lighting be "difffused or directed away from R Districts and public streets. STAFF RECOMMENDATION: Applicants to provide a lighting plan prior to issuance of building permit for staff approval, the intent beirig compatibility with the residential nature of the area, compliance with City codes and shielding so that the source of light are not visible from off-site. #2209April 18,1997 (Revised 4-21.97)Page 11 3. Preservntionof Open Spnee Character Maintnimny Natural Rural Vistas, and Trve Removal and Replacement . Applicant has provided a depiction of existing areas where trees will be removed (Plan Sheets 6.7 A 8). as well as a conceptual plan showing the in a general way the areas of the site which are proposed to be vegetated (colored map). Additionally provided is a letter from Ostvig Tree noting that 600-800 existing trees on the sif<* can be relocated, which must be done during May-June to enhance survivability. Applicant proposes transplanting many trees into areas that ore now open, spccincally in the east half of the site. To date, no detailed plan specifically defining the areas proposed for tree planting has been submitted. • Use of the property as a golf course inherently will tend to preserve open space and rural V istas to a great extent, as compared to a residential housing development of the type common to Orono. However, preservation of views not only encompasses preservation of open spaces but should include keeping those views 'available*. One way to accomplish this is by limiting the occurrence of screening fences or berms which, while provft>q: a barrier for the benefit of the property owner, can result in passenby experiencing '.v>nel vision* similar to an urban freeway. This being said, applicants propose no such barriers; but approval should be conditioned on limits' eing placed on the future use of such barriers. STAFF RECOMMENDATION; 1. Approval should be conditioned on City acceptance of a final detailed tree replacement plan. 2. Grading plan must avoid the use of berms which block visla-typc views of the site from the idjncenl roadways. 3. i'erimeter fencing of the site, if proposed, shall be of a low opaqueness, such as a Sf..it-rail or similar fencing. C. Site Activity Impacts 1. Maintenance Activity Impacts . The poTc ri.il impacts on the immediate neighborhood of the maintenance building may include noise, vibration, odors, lights and activity involving vehicles and equipment at early and lute hours not generally associated with a residential neighborhood. There are only one or two nearby residences in 'close* proximity to the maintenance facility, the nearest being approximately 200 feel to the west. STAFF RECOMMENDATION: Approval should be subject to applicant complying with the City's ordinances with regard to noise, vibration, odors, lighting, etc. #220QApril 18.1997 (Revised 4-21-97) Page 12 2. Clubhouse Area Activity. The proposed golf course use is not inherently incompatible with the surrounding single family residential neighborhood. Based on Orono's Comprehensive Plan, the Cit)**- ^iral residential zoning districts are appropriate locations for golf courses and similar recreational uses. The activities proposed to be associated with the Clubhouse at the level of use proposed (golf shop, instruction, club/cart rental, lunch kitchen and dining room, and overnight guest rooms) will generally not make the golf course a 'bad i.. ighbor*. However, at a level of use that might bring crowds of onlookers (for instance, a large tou.namcnt or special event), the golf course could bring a significant degree of activity to th; area. Likewise, conversion of the golf course to a higher level of use than that proposed (' Jdition of members, conversion to public course, etc.) could result in unanticipated activity levels which should be subject to further City review and approval prior to their being allowed. STAFF RECOMMENDATION: Approval should be conditioned on the requirement of a new CUP for future changes in the level of activity at the site (the initial proposed level of use must first be defined in terms of number of members, types of activity allowed, etc.) or for conversion to a public course. 3. Impact of Seasonal Use. The seasonal nature of the golf course use Is not expected to have a negative impact on the neighborhood. STAFF RECOMMENDATION: Applicants should define what level of activity will occur in the winter (lunches? pro shop open? x-c skiing?) and if none, define any security measures intended. D. Golf Course Amenities The clubhouse will contain 4 guest rooms as well as kitchen/dinlng facilities in addition to the locker rooms and other typical operational facilities and ofTtces. Parking facilities for 60 COTS would be required by code, and approximately 125 stalls will be provided per the most recent parking plan revision. A rest station with toilets and a concession stands is proposed to be located north of the Co. Rd. 6 tunnel. Is this location potentially a problem due to its proximity to 6, for use os a wayside by motorists, or to stop and grab a soft drink? How will it be screened? STAFF RECOMMENDATION: Planning Commission should identify any issues they have with the above noted amenities. #2209April IS. 1997(Revised4-21-97) Page 13 Land Alteration CUP The project includes signinomt movement of earth in order to create fairways, tees and greens . The total cubic yardage of excavation/grading/filling including both Orono and Medina U indicated as 340,000 cubic yards in the EAW. Applicants have indicated they are attempting to bolance the cuts and fills within the site so as to minimize the distance material has to be moved. Their goal is to avoid transporting materials on or across area roadways. The result should be a reduction in the construction impacts to the roads and the neighborhood. The City is generally concerned about possible noise, odor, dust and visual impacts during the 2-year construction phase of this project, as well as the potential for erosion and sedimentatior. associated with the high volume of earth movement expected. STAFF RECOMMENDATION: The following should be required as general conditions of approval: 1.The City may limit the hours during which grading activity may occur so os not to be a disturbance to the neighborhood. The specific hours should be a point of discussion prior to final resolution approval. 2.Applicant shall take whatever steps are necessary to minimize odors and dust during the construction process. 3.Given the existing condition of Spring Hill Road, it would be reasonable and prudent for the City to limit construction trafRc to the existing Co. Rd. ( access. 4. 5. The developer shall maintain local roads in a clean condition. The City shall retain the ability to limit construction traffic on local roads if weather conditions result in an unsafe situation, although most grading work is expected to be completed in the summer months where icy conditions arc not a concern. 6.Applicants shall adhere to the Best Management Practices for Protecting Water Quality in Urban Areas . Applicants have included erosion and sedimentation control measure* on their grading plan which will be reviewed by the City Engineer. ' . . “I . ■; 4 m:.i I.: I:f* *tw wHILL RD I801UH( tffk S IT"CHEROKEE RO VaEN ROMEAOOWWOOH TR 4-fc.r:u:?u \Dick^ Lake. N^PWt mocEu ,UJ SUCARWOOOS § -wrc Hi -.) PAwastr COUN TRY CLUB RD NAmMTOICM ---!®s ELM BRAND AVE u360 UGHBREb U &btv S DEVIN U COUN LONGVIEW CIR ABINGDON WAY Long Lake . ^ TUillOOO V. .>/n I : A> LAKERO Biking ..;: ;. Golf ■. Course •• •• NOHniMOCI SPUR EBTMAVEM ^2BTH on:n atney Lydiard Laki Ife LYOIARORO OLO w Oujf 3 I tlTNAVC :oo^t’ N"-t jrr “ '" ■ i*-». - V. -V Biidn'g...... I ’ .' Wayzata ^ Country Club il i|' SSSTC 3 Trail Connection Options Bct>vcen Wood Rill and Wolsfcid SNA's 04/28/97 12:14 FAEGPE h UD bo ISOM - 6124730510 MO. 264 P05 together as well as to retain forested areas in conjunction with adjacent properties. (v) The alteration of the forest areas by the golf course will create a greater bio-divf rsity by the introduction of species normally found in forest fringe areas in addition to those found in dense forested areas. 5 Wetland impacts have been addressed and include substantial litigation resulting in a net gain in wetland acreage. Other permitting organizations, including the Minnehaha Watershed District, will review wetland impacts. 6 Permitting during the project will result in further review of weUands areas including, by example, L required DNR Waters Permit and the DNR Water Appropriation Permit. 7 Other potential environmental impacts which do occur, such ^ storm runoff and traffic are mitigated by the Project design and subject to control through county permits and regulations and City ordinances. 8. A trail system on the perimeter property of the Property will be incorporated. V. The golfcoiir.se will presers-e the open space character in natural rural s-istas which is consistent with the guide plans of the Cities for the9. maintain Project area RESOLUTIONS Based upon the foregoing findings of Fact and Conclusions which ’^‘^oT^orate the EAW, the comment- to the EAW and the subsequent responses, public other materials submitted to the public cecord, the Council of the City of Oron Responsible Government Unit determines: 1.That the proposed Projeot taken in its entirety as a 200 acre site and considenng various mitigating factors does not have the potential for significant environmental impact; and That an Environmental Impact Statement with respect to the Project is not required. M1:025J540.0» -4- 04/28/97 12:14 FhEGFE hND EeiSON -» 8124730510 MO. 284 t?i'i4 characteristics of the “Big Woods” forest which predominated in this area pnor to settlement. With respect to such forest areas: The forest consists mostly of second growth trees of an age and diversity resulting in many of the characteristics found in the Big Woods . The forest has been designated Medina 26 in the DNR County Biological Survey and has been ranked “BC”. The nearby scientific and natural areas of Wolsfeld Woods (ranked and Wood-Rill (ranked “B”) are deemed to be of greater ecological significance and contain some areas of primary forest. The creation of a green beit of appro.ximately 200 acres located between the two scientific and natural areas of Wolsfeld and Wood-Rill is deemed to be complimentary to the existing, public areas of the former “Big Woods”. There are no legal protections for “Big Woods” eco-types as there are for wetlands. None of the regulatory agencies with authority over the Project have specific regulations related to the retention or management of forested areas. Residential development of the forested areas, as presently permitted under applicable zoning codes, will result in the loss of the “Big Woods” effect because of the fragmentation of the tree canopy by driveways, houses and other residential uses. The Project does not require a subdivision approval by either city which limits the ability of the cities to designate park areas, obtain trail easements and the like. The Proposer has taken various steps to mitigate adverse effects on the forested areas including: (i) Tlie design of the golf course has been altered to provide for less intensive use of the land in the forested areas and in the non-forested areas (ii) (iii) (iv) Relocation and replanting of trees will ameliorate some of the effects of placing the golf course in forested areas. A golf course is deemed to be a low-impact use of the forested areas given seasonal aspects of play and, in this case, the private nature of the golf course The course has been plai^d in such a way as to reduce the potential for “isI.L-.ds” of forested areas and has attempted to link forested areas -3- tD4/2S/97 12:14 FhEGPE (hIID BENSOd ^ 6124730510 NO.264 DO' 7. 8. 9. 10. 11. 12. The City issued the EAW on 1997, and provided a copy to the MEQB on ^_____. 1997. On ^ 1997, tkc City submitted one copy of the EAW to all aeencies listed on the he official MEQB mailing list. On l/Mvicu. L> . 1997, the City provided a press release to the _________________, which contained a notice of availability of the EAW for public review. The press release also included the name and location of the Project, a brief description of the Project, the location at which copies of the EAW were available for review, the date the comment period would expire, and the procedures for commenting. Notice of availability of the EAW was published in the EQB Monitor on /l/tA^^4 )D . 1997. {0 The 30 day comment period on the EAW began on April____, 1997, and ended at 4;30 p.m. onMcty ____, 1997. Minn. Rules Pt. 4410.21, subp 3 (1993). ^ During the 30 day commeat period written comments were submitted as described on Attachment A. 13. After the close of the 30 day comment period written comments were received as described on Attachment B. 14. Responses to the comments were prepared by the City with assistance from the Proposer as attached as Attachment C. CONCLUSIONS 1 . The EAW was prepared in compliance with the procedures of the Minnesota Environmental Policy Act and Minn. Rules Parts 4410.0200 to 4410.6500 (1993). 2. Substantive comments received during and after the comment period have been responded to by the City and the Proposer. 3. The present zoning of the property upon which the Project is proposed in each of the cities of Orono and Medina permits the construction and operation of a golf course with a Conditional Use Permit (“CUP”) 4. In the EAW process and in the public meetings in Orono and Medina involving the CUP and related issues, concerns were raised with respect to approximately ^3 acres of a mapIe^asswood forest on the northerly portion of the Project site containing many -2- 04'28/97 12:13 FhEORE AMD EO ISON 6124750510 MO. 264 D02 RECORD OF DECISION ON THE SPRING HILL GOLF CLUB PROJECT ENVIRONMENTAL ASSESSMENT WORKSHEET DRAFT 4/28/97 The Environmental Assessment Worksheet (“EAW”) for the Spring Hill Golf Club Project (“Project”) is before the City Council of the City of Orono to determine whether an Environmental Impact Statement (“ES”) is required for the Project. The City Council has reviewed the record in this matter, including the EAW, comments from governmental agencies, reports of meeting between its staff and governmental agencies, and responses to comments. Based on this review the City Council has passed resolutions as set forth below based upon the following finding of facts and conclusions. FINDINGS OF FACT Compliance With Procedures Of The Minnesota Environmental Policy Act And Minnesota Rules PaHs 4410.0200 to 4410.6500 (1993). 1 . The Proposer of the Project is Spring Hill Golf Club, a Minnesota Corportuion (the “Proposer”). 2.The Project involves the creation and operation of an 18 hole private golf course. 3.The Project falls within the mandatory EAW category of Minn. Rules Part 4410.4300, subp. 28 bor^ansr the Project involves the permanent conversion of 80 or more acres of agricultural, forest or naturally vegetated land to a more intensive, developed land use. The Responsible Governmental Unit (“RGU”) is the local governmental unit, the City of Orono (“City”). Minn. Rules Part 4410.4300, subp. 14 (1993). The City' of Medina by resolution confirmed such a designation. An EAW was prepared by the City with assistance from the Proposer, who submitted completed data portions of the EAW to the KGU. Mmn. Rules pan 4410.1400(1993). The EAW was prepared usng the form approved by the Mirmesota Environmental Qualitv Board (“MEQB”) for EAWs. Mir.n Rules Part 4410.1300(1993) F3^:612-2%-6047 May 8 'y? 9:28 P.04/06 Mike GatYron May 8, 1997 Page 3 urged to continue contacts established with DNR resource specialists during this process. Please contact me at (612) 296-4796 if you have further questions. Thank you for the opportiinitj' to review this project. We look, forward to receiving your final record of decision and responses to comments at the end of the EAW process. Minne.soia Rules purl 4410,1700. subparis 4 & 5. require you to .send us your Recc>rd of Decision within five day.s of deciding this action. Please contact Bill Johnson of my staff at (612) 296-9229 if you have questions regarding this letter. Sincerely, Thomas W. Balconi, Supervisor Natural Resources Environmental Review Section Office of Planning rattachment c:Kathleen Wallace Con Christianson Pete Otterson Peter I.eete, Area Hydrologist Fred Harris, Ecological Services Lynn M. Lewis, IJSFWS Gregg Downing, EQB Loren Kohnen, Adr tini.strator, City of Medina Planning and Zoning Marshal Broman, .Schoell & Madson, Inc. #970243-01 ER22.H1U..DOC mR FtWIMINiS Mike Gaffron May 8, 1997 Paae 2 Fax:612-296-6047 Man S *97 9:27 P.03''06 • In reviewing these products for environmental review purposes, we recommend placing special consideration on how well these products provide detail on how impacts have been avoided or niinimi/ed, and w'ben mitigation is otfered, how the mitigation compensates tor the impacts it is designed to address. In dev eloping this list, DNR emphasized: the need for more impact assessment; • the need to identify current project features that avoid, minimize, or mitigate impacts to natural resources; the need to nnticipaic indirect and/or long-term impacts and plan accordingly; and * the need to identify opporliuiities to improve natural resources through golf Comse construction and ongoing operations. This consultation encompa:;sed the entire site consistent with our comments to the Lity. Although the maple-basswood "Big Woods" stand is a rare and ecologically significant site feature, we consider the habitat value of the etitire site ( Big W'onds. other woodland, brushland. and wetland) to be high. Installation ol a golf course will diminish the site’s current value as habitat. Opportunities to retain or improve the habitat that remains should be implemented. Such a perspective is the es.sencc of mitigation and is a vital component of environmental rev ievv*. DNR recommended preparation of an EIS to collect mi.ssing information as noted in our EAW comment letter because of the impoitance we place on this site, especially upon me Rig woods I'oresi. file above-noted dc livcrables should till much of that information gap. Once the promised information is delivered to the City, it is unlikel} that an lilS will rcv;cal iinpacts, or measures to deal with them, that are not already known through the HAW, the Tree Protection and Erosion Control Plans, and the refined information on Big Woods and habitat impacts and their mitigation. The City, acting as responsible governmental unit (RGIj), must be salistied that impacts to natural resources, particularly a.s they relate to the Big Woods area ol the site, have bt^n sufficientlv addre.ssed such that a detailed examination of alternatives (required in an F.IS) is not needed. The results of the collaboration detailed in this letter should substantially improve the City's ability to make this decision in an informed manner. In this respect, both the propo.ser and the Ci<v of brono arc to be commended. In accepting these acknowledgements, please ob.serve the heightened importance of .slricllv aL'Plving and enforcing required permits ai:cl approvals with the identified impact avx>idanco, niinimi/alien. a?id mitigation measures, (both pre- and post-construction), revealed during the env ironmental review. ^Vc strongly urge the City of Orono to incoiporatc the findings and ^ recommendations of all generated inlbrm.atioii into city permits and approvals, especiali> me conditional use permit (CUP), to further protect luid preserve natural resourcc.s as deemed appropri.'ite to the City’s area of jurisdiction. HKR thinks both the City and proposei- for the serious considemtion afforded our concerns. Wc arc wiltog W toher a'si.surncc or input if rcMuCitcd, Both the City and proposer arc [•r-IR PLANNING Fax:612-2?i6-6047 May 8 ’97 9:2 P. 02/a^ mkm Minnesota Deparlincni of Natural Resources son I al.tyciio Road 5*1. Paul. Mimicsoia ssi<i^.40 May 8, 1997 Mike Gaffron Assistant Plarming iind Zoiiing Administrator City of Orono P.O. Box 66 Crystal Bay, MX 55329 RE: Spring Hill Golf Club F.AW Results of Proposer and DNR Consultations Dear Mr. Gaffron: t)n May 2, 1997, DNR stalf met with the project proposer and consultants to address HNR concerns consistent with the outcome of the Orono City Council meeting ot Apnl 28, 1997. I he meeting, which included a site vi.sii. resulted in the development ofan outline of deliv«nablc tor the City to use in its deliberations on the need for an enviroiunental impact statement (EIS» tor tlie project. DNR’s EAVV comment letter served as the ktsis ol the collaboration. It Nvas agreed that the proposer would develop additional inlormation in four potential impact areas namely Big Wood.s, liabiial, trcc.s. and erosion. Please refer to conespondcncc trom Mar.siial Braman to Tom Balcom dated May 7. 1997 (att,nched) for .a summai} ol this outline. In brief, the proposer w ill provide the following set of deliverables by .Tunc 30. 1997, that specifically: document changes and impacts to the Big Woods, including how anticipated impav,ts lia\ e been minimiz' d. I We believe it is ’ ; ’*’cci implemcntiiion compromises the overall ecological significance of the i..ap.- - od forest. Assertions that impacl.s to the Big Wood.s have been mininiizcd. os •' m the RAW. need supporting intormalion.J assess habitat change by covertypc for the entire site, identify imp.acls to wikllite. and identify mitigation available to addrc.ss tlic impacts. [Tiii.s item anticipates the change in habitat conditions and addresses opportunities to mitigate those ch.inges.j develop a Tree Protection Plan. fTiii.S item addresses both direct and indirect impvaci-s that construction and maintenance of a gol 1 ’course can have on the trees that remain or are iransp'anied, and on new tree plantings. 1 4. develop an Lrosion Control Plan. I This item aiuictpales the potential for ero.sion and recognizes the importance of monitoring and maintaining erosion control measure.s ti r mo.ximum ettccuveness.J DNU liMoni.U..«V ol.' 1 .SIMI • ItV ft: .-if-14.S.I. I MMM.t? «'>:*< 1. Ai» ^ • lp|’»»*lun»t} I It I»h»v. r VUtt* Ilivvi 'll) •• :,d I'.iiA'I •••'« .* Mi utiiui. ..r-. |•...^ W4R PLh - :.Nt5 Fax:ei2-2"36-6047 May 8 ’97 9^27 P.01/08 NA400S6^State of Minnesota Date sent f or p«f M tneUMlng flut p«x* TO;Telephone Number; V??- yssry Fax Number: yy 3 _ ^ j" / FROM: / ry^ Telephone Number: / v4d/- '^'‘/7f<cf~y?Vit y aJJ' Z' y] 9 ^ 7/^7 .♦. ^--1 Min,«so.a DqmtS^Namna Re50ur«s - 500 LfaycUc Bo«l, S.. P»ul MN 5S155 FAX: «2/2»«-3S00 FROM ISCHOELL 8. MPDSON 612 546 9065 1997»05-G ‘13133 «683 P.03/03 5CHOELL. & MAOSOIM, INC. development, or through course operation, will be identified, (e.g. plantiugs, setbacks or buffers, exotic species) 3. Tree Preservation and Reforeslntion a. The DNR has suggested that a tree preservation program be established. A tree prc.scrvntion program will be documented and will addiess transplant/reforestation strategies, protection measures to be taken during tlie grading and operation of the site, exotic species control and disease control measures. The tree preservation ploti will to be applied to all trees on the site, not just in the Big Woods area. b. The potential for ‘‘project-related change in the local water table*’ as a result of cutting the trees will be evaluated. c. Identify potential mitigation for imavoidable tree impacts, 4.Protected Waters a. I’lic rcijuirement for a Protected Waters permit is acknowledged and the application will be submitted after tlie establishment of tlic OHW by tlie DNR. The OKW will not change after die insiallation of the proposed weir. The processing period for the Protected Waters permit will not dehiy construction, as the proposed waxx c.m be installed at n later date. :>.Erosion Contiol a. The DNR requested a detailed description of tlie revegetation plan and other Best Management Practices for erosion control. The erosion control measures will specifically address steep slopes leading into wctland.s. Wc view this documentation to be supplemental information. We expect to have all of tlie informntion to you unci the Cities of Medina and Orono by or before June 30, 1997. Some of the studies referred to above will be completed as early as the week of May 12 and will be sent to you and die Cities of Orono and NTcdina upou completion. Very tnily yours, Schoell & Madsoii, Inc. Marshal Braman Senior Environmental Specialist cc: Mike Gafftou Loren Kohnen .lack Morrison FROn ISCHOELL & MPDSOf I 612 546 8065 1987,05-0*13:33 tt6S8 P.02/03 Schoell Sl IVIadson, Inc. Snginsens • Sun\/eyon£3 • / *" / Soif Testing • En\/ircDnment3i Ssr\4aes iOSGO Wayzaca Boulevencl. Suite 1 rvlinneconkB, rviN 35305-1525 Office Bia-S^B-TBOI Fax B1 a-S^siB-SOBS May 7, 1997 Tom Balcom Minnesota Department of Natural Resources Office of Planning 500 Lafayette Road St. Paul. MN 55146 Dear Mr. Balcom, Thank you for meeting witJi us Thursday, May 1,1997. Wc verj' much appreciate your efforts on Ibis project. Your willingness to meet on Thursday, April 24th and Monday, April 2Rih,* bolh rimes on short notice, have been helpful to us. it is our understanding from the Thursday, May 1, 1997 meeting that the following issues involving the Spruig Hill Golf Course £A\V require additional .supporting inforaiation to “document the resoiuc^” to tlic satisfaction of tlie DNR. I.Big Woods a. Tliree configurations, prelimiiiaiy, iatennediale and fmal design, w'ill be .submitted for DNR information, along with a discus.siun of irnpacis for each alternative. The discussion will describe how project dcsign(s) avoids and/or mitigates impacts to the Big Woods as a forest communit>. I imderstand that the DNR believes the project docs address environmental is.sues, but would like more documentation. b. Appro.vimately 40 radial plots, each 5 meters in size ^Yith q 1 meter subplot radius, will be conducted and documented at the earliest convenience. Habitat Impact Assessment Tlte DNR requested the propeit>’ to be characterized b>’ prunaiy' covertype. a. Ccvcilypcs will be defined and determined by aerial photographs, and field observation. Dominant vegetative species and the size of each covertype area will be included in the description Wildlife species identified on site or commonly found in the particular covertype will be identified. b. Post constnjction characterization of covertypes for the three alternatives will also he documented and described in teniis of size and domintint vegetative species. c.Post construction wildlife species anticipated to remain which arc commonly found in the parliciilar covertype will also be identified. d. Wc will furnish written materials on the Audubon program. e.Measures available to mitigate habitat impacts, eitlter through the project design and Mnirmaiive Action tquai upportuniiy hmpioyer F - Code Sections 10.22/10.56/11.60 G - DNR letter March 3,1997 H - Maple-Basswood Forests Flyer StafTMemo 3/26/97 (Supplemental Info for 3/31 meeting): A - March 20 Big Woods discussion memo B - March 19 Letter from Hennepin County C - March 20 Letter from Richard C. Krueger D - Notice of Planning Commission Action/ 60-day Review Period Extension Gappa/Moorse Memo 3/31/97 (Access) StafTMemo 4/18/97 (Var/CUP): A - StafTMemo 4-18-97 (Outline/commentar>7recommendations) B - Schoell & Madson Letter 4-16-97: Responses to 3-13-97 Staff Memo C - Revised/Updated/New Plan Sheets Per Exhibit A D - Ostvig Tree, Inc. Letter, 4-15-97 E - City of Medina CUP Approval Resolution Adopted 4-15-97 F - Letter from West Lakes Life Center G - City Engineer Letter 4-16-97 re: Access, Roads, Etc. Letters Distributed to PC 4/21/97: Duncan Dayton 4/21/97 LeeB. Frelich 4/21/97 r Revised preliminary set of architects plans and views of clubhouse and maint. facilities Staff Memo 3/13/97 (Variance Review): Oversize Accessory Structure: A - Revised Site Plan Dated 2-25-97 B - Pages 2-3-4-S of Architects Plans Rcvd. 2-18-97 (in 5-sheet large folded packet) C - Code Section 10.03, Subd. 9 Wetland Impacts: D - Wetland Impact Review Sheet Submitted 2-25-97 E - Wetland Location Map (Staff Sketch) F - Appendix C of EAW (See EAW) G - Sheets 6-7-8 of 12 (in 12-sheet large copies folded packet) H - Revised Sheets 10 & 11 of 12 Dated 2-25-97 Bluff Impacts: I - Sheet 12 of 12 (in large folded copies - also 11x17" attached)) J - Excerpts from Bluff Slope Depiction Maps Hardship: K - Zoning Code Section 10.08, Subd. 3 Staff Memo 3/14/97 (Supplemental Info for 3/18 meeting): Since the February 18 meeting, additional information has been submitted, including: - Revised site plan dated 2-25-97 Architects plans for the maintenance facility dated 2-18-97 Wetland Impact Review Sheet Revised Grading, Drainage, Wetland Mitigation Plans Sheets 1-12 and 2-25-97 revisions of Sheets 10-12 Bluff Impact Overlay (slope analysis) b. c. Also received from various sources since February 25 are the following: a. February 3 draft Park Commission minutes - Re: trails at Spring Hill Road February 26 Memo from applicant's attorney - summarizing issues identified in Feb. 5 staff memo March 6 revised letter from DNR regarding Big Woods Impacts - acknowledging the Big Woods remnant is within the Spring Hill property rather than adjacent to it (This is included in the EAW) March 10 letter from Paul Bruer, 275 Hollander Road, requesting gro’jndwater studies re: impact of proposed golf course on local water supply March 14 letter from City Engineer d. e. Staff Memo 3/20/97 (Big Woods): A - CMP Page 3-6 B - CMP Map 5 - Woodlands C - Orono Park and Open Space Plan (1980) D - Big Woods - Prior to Golf Course Development E - Big Woods - After Golf Course Development SPREVG HILL GOLF CLUB - COMPREHENSIVE LISTING OF EXHIBITS Staff Memo 2/5/97 (Initial Review): A - Application B - Plat Map C - Property Owners List (Rcvd. 1-30-97) D - Certificate of Survey (Has Not Been Submitted) E - Existing Site Layout (Provided By Staff) F - Project Narrative G - Stormwater Management Plan and Drainage Calculations Nanative/Tables H - Preliminary Construction Plans: Title Sheet & Plan Index Sheet.............................Sheets 1-2 of 11 Grading and Drainage Plan..................................Sheets 3-5 of 11 Clearing Disturbance and Wetland Mitigation .......Sheets 6-8 of 11 Detail Sheets......................................................Sheets 9-10 of 11 I Clubhouse Area Site Plan J - Clubhouse Floor Plans K - Clubhouse Elevation Views L - Maintenance Area Site Plan (Excerpt from Sheet 10 of 11) M - Maintenance Building Floor Plans, Elevation Views, Landscape/Screening Plans (Have Not Been Submitted, Partially Discussed in Exhibit F, Page 3) N - Maint. Building Septic System Design Report (Has Not Been Submitted) O - Zoning Code Excerpts: -Sec. 10.28/29 - RR-IB, RR-lB-1 Zoning District Standards - Sec. 10.20 Subd. 3 - R-1A Golf Course CUP Standard. - Sec. 10.09 - Conditional Uses: General Requirements - Orono 1974 Wetland Maps P - City Engineer Comments 2/2/97 Q - Building Official Comments 2/4/97 R - City Administrator Letter 2/3/97 S - Resolution #3822 - Preservation of Natural Vistas T - Letter from E. W. Spencer 1/27/97 U - Environmental Assessment Worksheet (EAW) and Appendices Staff Memo 2/18/97 (Distributed at 2/18/97 meeting): City Engineer's Feb. 6 letter to City of Medina City Attorney's Feb. 7 letter re: Conditional Approval DNR Feb. 4 letter re: Big Woods Applicant's Feb. 13 memo re: Response to staff memo Schoell & Madson Feb. 14 letter re: Responses to 9 recommendations at end of staff memo Resolution language which applicant's attorney suggests PC adopt (PC is not authorized to adopt resolutions granting approval, conceptual or otherwise) 11x17" color map of the golf course as proposed Feb. 18 letter from Bruce Carlson, area resident, in support of project - Revised set, Schoell & Madson/Fazio prelim construction plans 0 01 Mk I I CH 01 I till fill 8 % 3 I l?W % §§^i! >’Lm !i;i^ 4h§%i s2lPs Is Jy» (/) X III l»|S r" fi 10 Im 3 8 5 »»» I" iff 1 i I m > D 30 30 9 > qS 5 D (O'* H O C 30 S S: gos m CO O T| o 30o o fi® < ^ srn Q (0 Sma z > z z oo H 5 z > oH r- Oz m (0 O H > r^: COuz Q X oo Tl o c i I 1 /••• -.. ■*' ' V 4’ '•■cr;. - * / , V » !' 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Sir uC,?- t #. •Tf» 4JtV>^ > <s. __«_ppk ~.1 l\ .o io O O Ga O -a > tnrj a >3 • I Qq tD ;o S5 O o o 4 f ^ / C3 OJ' 3 z to iO o 118 al! § OJ X3 Oan XDnrx n •H Ga Go Go On > n Ga •o > ^ I tnr- is i2 •* . *. w N^t ti .•'Xj I CA V 4«s -1 9 :* > i s s =i I *■ I Ii 'i O o z; o Ira Ga O I Ga •o 2 o ee Q O OB O' £18 I §i 1-^ i; CP Ccrn CTI o*na: 3: nrx :=3t-qo •-3 Ga On > m Ga •a i> ?15 '3 T| ti illll 3t7 * ■ * ' --------- • - • % VA•^ i?rn A; —*r>tT4 I ‘ /S^vA *! . f , V-' > 'V k~f^' ‘^.‘2<‘- »V •••V s #»•. •# ;i-- 'jB®Ls^iV2 1^ , ' •. i' ••• . ijjl iu! Si’i x?«»I'¥ i - § § tn ■o o|SSzx moSO I TI oo (0ffl I F iO lO Nl V I/) k s 8m zp s O) vj o> I8 (/I Zmm O•n Im 3 i/) 5 oI" "F > o a ^ E m H H < > 9m > ,w 1 i mi mi r<m 4 4 m mi rrt' i lU’m mi I i I I( o I MI III m Om Zo zo U» f*im t/t In□ lO •n S Xi a P S 5o o 4) m Z -4 oz ■n O 21 oXI>u >o o COUNCIL MEETING MAY 12 1997 REQUEST FOR COUNCIL ACTION cmroFORONO DATE: May 6, 1997 ITEM NO = // Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Request to Advertise for Bids Sanitary Sewer Projects Plans and specifications have been completed for the Bay Ridge/Hartwood and Bracketts Point Sanitary Sewer projects. The bid opening is scheduled for Friday, June 6,1997 at 10:00 a.m. The bids will be considered by the Council at the June 9ili meeting provided that wavers of assessment appeals have been obtained from all of the affected property owTiers. Based on the contract award at the June 9th Council meeting construction is anticipated to begin in early July. COUNCIL ACTION REQUESTED: Approval of the attached resolution approving the plans and specifications and ordering advertisement for bids. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS BAY RIDGE/HARTWOOD AND BRACKETTS POINT SANITARY SEWER WHEREAS, pursuant to resolutions passed by the Council on March 10, 1997 the City Engineer (consulting engineer retained for the purpose) has prepared plans and specifications for the Bay Ridge/Hartwood and Bracketts Point Sanitary sewer improvement projects and has presented such plans and specifications to the Council for approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA: 1. 2. such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. The City Clerk shall prepare and cause to be inserted in the official paper (and in the Construction Bulletin) an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 21 days, shall specify the work to be done, shall state that bids will be received by the Clerk until 10:00 a.m. on June 6,1997, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, and will then be tabulated. The bids will be considered by the Council at 7:00 p.m. on June 9, 1997 in the Council Chambers provided that waivers of assessment appeals have been obtained from all of the affected property owTiers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for 5 per cent of the amount of such bid. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 12th day of May, 1997. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk --ft . .. - . . ^ ; REQUEST FOR COUNCIL ACTION COUNCIL MEET1NQ MAY 12 1997 cmroFonoNol DATE: May 12, 1997 ITEM NO Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: CR 19 (North Shore Drive)/ Tonka View Lane Drainage Situation At the April 28, 1997 City Council meeting, during the public comment period, property owners along North Shore Drive presented information on flooding problems. The intent of this memo is to provide a brief summary of this issue and obtain Council authorization to begin work on a proposed solution to this problem. Property Owners: John Bessessen, 4500 North Shore Drive Kathy Sawicki, 4510 North Shore Drive Attached you will find a highlight of damages caused to these two properties prepared by the owners. This summarv of issues along with copies of past correspondence was presented to the Council members at the last meeting. The property owners have also retained the services of Mattke Engineering Inc. for preparation of a hydraulic drainage analysis. This report was also provided to Council members at the last meeting. These two houses are located along North Shore Drive between the highway and Lake i.I;;;ncronka. The houses are at a lower elevation than the road, so runoff from the road ditch and roadway has historically flowed toward the houses, then into Lake Minnetonka. Tonka View Lane is located uphill and to the west along North Shore Drive. The water flows down Tonka View Lane and then to the east along North Shore Drive towards the subject properties. (See attached map) The property owners are claiming that additional houses and hardcover constructed along Tonka View Lane has resulted in increased runoff being directed toward the subject properties. The increased flows from Tonka View Lane and CR 19 also coincide with work completed by the County to clear the roadside ditch. This ditch work has increased the velocity of the water flowing to the subject properties. Several solutions have been attempted to correct this situation. Hennepin County has installed curbing, graded ditches, and completed pavement overlays to reduce the amount of flow being directed toward the houses. The City of Orono installed a pipe to divert some flow west along North Shore into an existing culvert that flows under North Shore Drive toward Rest Point Lane. The intent is to redirect the flow from Tonka View Lane toward Lake Minnetonka in a location that will reduce the potential for property damage. A detention pond will be required in the northwest quadrant of the intersection to avoid overwhelming the Rest Point Lane drainage system into Lake Minnetonka. These solutions have not been very effective in reducing the possibility of flood damages to the houses at 4500 & 4510 North Shore Drive. Some improvements to CR 19 may have actually increased the potential for serious flood damage. Discussions with the affected property owner in the northwest quadrant of the intersection about a ponding easement have occurred, but an easement has not yet been obtained. Further discussions with the property owner need to occur. In the event that an agreement cannot be reached, it may be necessary to acquire this easement through condemnation proceedings Bonestroo Engineers has prepared a report describing the necessary intersection and storm sewer improvements required to redirect the Tonka View Lane flow toward the Rest Point Lane drainage system. (See attached report) This proposed project will require the reconstruction of the intersection to provide a low point with catch basins to provide for positive redirection of the Tonka View Lane flow into the detention ponding area. The estimated cost of this project is $59,280.00. The completion of this project is necessary to reduce the possibility of further damages to the two houses along North Shore Drive. Previous damages to these two homes total approximately $46,000. Funding for this project is recommended to be provided from the PIR fund. This fund has been established to finance needed storm sewer improvements. The current balance available for storm water projects is $80,000. The City has budgeted $25,000 for storm water projects in 1997. COUNCIL ACTION REQUESTED: Motion to authorize the construction of storm sewer and detention ponding improvements at the intersection of Tonka View Lane and North Shore Drive and the acquisition of a storm water ponding easement for completion of this project at an estimated cost of $59,280.00. Motion to fund this project from the PIR fund, as budgeted. HighJights of Run-off Damage to 4500 & 4510 North Shore Drive Caused by Construction of Homes on Tonkaview Lane June, 1987 August 6, 1995 August 7, 1995 Aug 7. 1995 May 19, 1996 Tonkaview Lane Construction .SiimmaTy 10/25/88-6/28/89 4625 Tonkaview Lane New Residence (Variance) 9/19/90-9/31/91 4/3/91 4650 Tonkaview Lane New Residence/Driveways Demolish Old Residence 6IB/93-m7/93 9/23/94 4629 Tonkaview Lane New Residence(Var, #3272) New Deck 12/1/93-1/31/94 1/31/94-...... 461 5 Tonkaviev/Lane New Residence . V- — Deck -----^ - w. 5/4/94 4635 Tonkaview J ane Detached Garage/Driveway 3/13/95-9/15/95 4620 Tonkaview Lane New Residence(Var.#3519) August 1, 1996 Key Fvents 12 inch rain, storm of the century, drainage system handled run off 4 inch rain storm, drainage system overwhelmed Hennepin County lowered shoulder of County Rd. 19 1,5 inch rain storm, tons of sand and gravel washed into driveway yard, and home. 3 inch rain storm, washed tons of gravel into yard, washed out driveway, cut large ditch and undercut air conditioning unit, water into home. Damages estimated at over $30,000 to Bessesen home, and over $16,000 to Sawicki home. Meeting with Ron Moorse, Glenn Cook & John Gerhardson. Orono ’s plan of action outlined, including a request for an easement across the 4615 Tonkaview property to accommodate and divert the run-off from Tonkaview through an existing culvert under C.R. 19, down existing Rest Point drainage ditch. 4 Highlights of Run-off Damage to 4500 & 4510 North Shore Drive Caused by Construction of Homes on Tonkaview Lane Fall of 1996 Hennepin County completed pavement overlay and curb project on C.R.. 19. Raised lip of driveways, deepened drainage ditch and installed new 15 inch corrugated metal pipe under Sawicki drive way. Rip rap installed at pipe outlet. Fall of 1996 John Gerhardson informs us by phone that the 4615 Tonkaview property owners will permit the diversion and ponding of nin-off. City of Orono installs 6 inch pipe which lays upon the surface near intersection and is buried as it approaches the small depression, described as a ponding area. November 16, 1996 Light rain falls, pictures taken to document fact that 90% of the Tonkaview run-off is still coming into the C.R. 19 ditch and ponding in the Sawicki’s lake front lawn. Letter to Gerhardson. January, 1997 April 7, 1997 Peter Schroeder, Allied Adjusters, representing Orono & LMCIT informs us that “we have not been able to conclude that the newly constructed homes have caused run-off to the degree which you have claimed.” Claim for damages denied. Mattke Engineering, hydrology expert reports that the Tonkaview development is responsible for run-off damage to Bessesen & Sawicki homes. Sawicki home is now in greater danger if Tonkaview run-off is not diverted. 370 Lin. fl.15"R.C.P. @ $25.00 $ 9.250.00 3 Eadii Catchbasin/Manholcs (“> .$ 1,500.00/ca.$ 4,500.00 1 Each Outlet Control Structure & $3,500.00$ 3,500.00 1,000 Cn. yds.Pond excavation @ SlO.OO/cu. yd.$10,000.00 950 Sq. yds.Street replacement @ $12.00/.sq. yd.$11,400.00 1500 Sq. yds.Sod w/4” topsoil @ $3.00 S 4.500.00 •;Estimated Construction $43,150.00 1 20% Contingencies $ 8.630.00 r.TOTAL $51,780.00 w 05/07/97 14:26 B :03 NO:471 , • tif'-- ••■■•.*• V . • ..V •• • •• • <’.>; • ^-fSKV- i ‘ GOVT LOT. 3 - - .. • •• ••%. ••• •• • • ^ *1 ,• . ». *. •. .. *.• /'v'<C>ir's •7" ^ ^ • V \ •'V'VW^ ------------- STORM SEWER IMP'K’OVFvr.^-iTS CftONO. UIHNESOT^ FIGURE 1 BoMratroo ^ Roiane Hh Aod^lik A Ailocitfe* Q l!fTG^COMM. *iea*<* 2 O • • -Cs w 05/07/97 14:26 0:05 NO: 471 J/ m QoneofrdO JfM Rofcne Andcriik & Ao0oci«t»* CnBin««r» A Archtt*ctt at. Paul MlriMfAlA_______________________v gTANDARD DETAILS STORM 5CWER MANHOLE OUTLET CONTROL SfRUCTURE m ORONO, MINNESOTA Lait Revit'On; NOV. 1996 Hlolc NO 139_ 1-01 139GEN\139_1-01 r. COUNCIL MEEHNO MAY 12 1997 REQUEST FOR COUNCIL ACTION CTTYOFORONO DATE: May 8,1997 ITEM NO:/3 Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Partial Payment of Special Assessments - Ordinance When the city levies special assessments on benefitted properties for public improvement projects, there generally is some interest in prepaying at least a portion of the special assessment. State statutes allow prepay of assessments if the total assessment amount is prepaid. State statutes allow prepayment of a portion of the total assessment amount only if the city has adopted an ordinance allowing partial prepayment of assessments. The Council has adopted ordinances allowing prepayment of assessments in the past. However, these ordinances were specific to a particular public improvement project. The ordinance currently proposed is a more general ordinance vdiich allows partial prepayment of assessment for any public improvement project. COUNCIL ACTION REQUESTED: Motion to adopt the attached ordinance allowing partial prepayment of assessments. 1 1 ijiW ' • or) > » I ) .0 ♦ r *r> AN ORDINANCE PERMITTING PARTIAL PREPAYMENT OF SPECIAL ASSESSMENT FOR PUBLIC IMPROVEMENT PROJECTS The City Council of the City of Orono ordains. Minnesota Statutes, Section 429.061, Subdivision 3, allows partial prepayment of special assessments prior to certification of the assessments with the County Auditor. The Orono City Council desires to provide the owners of the properties assessed for public improvement projects with the opportunity to partially prepay the assessments as approved by the City Council. Property owners assessed for public improvement projects may partially prepay their assessment in the following manner: 1. No interest shall be charged for partial prepayments made within thirty (30) days from the date of adoption of the assessment. 2. Partial prepayments made after thirty (30) days from the adoption date of the assessment and before October 1, of the year of the assessment, shall incur interest based upon the entire assessment through December 31 of the year of the assessment. Adopted oy the Orono City Council this 12th day of May, 1997. ATTEST:Gabriel Jabbour, Mayor Dorothy M. Hallin, City Clerk 1 itapM I I ................................................................... ®WINaLMEEnNQ may 12 1997 REQUEST FOR COUNCIL ACTION cmroFORONo DATE: May 8,1997 ITEM NO= 14 Department Approval:Adminbtrator Reviewed:Agenda Section: Name Ron Moorse f/?City Administrator’s Title City Administrator Report Item Description Park Commission Reappointments t The terms of Susan Wilson and Sherokee Use on the Park Commission expired on December 31, 1996. The Council has determined both are eligible to be reappointed for an additional term. Both have been contacted and have indicated a willingness to serve an additional term. COUNCIL ACTION REQUESTED; Motion to reappoint Susan Wilson and Sherokee Use to three year terms on the Park Commission expiring on December 31,1999. COUNCLMEEnNQ MAY 12 1997 REQUEST FOR COUNCIL ACTION CITYOFORONO DATE: May 6,1997 ITEM NO: ) b Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Advertisement for Bids - Old Crystal Bay Road Bike/Hike Trail Segment The Old Crystal Bay Road Bike/Hike Trail will be constructed to the northern boundary of the city facilities property this year under a contract approved in 1996. The final segment for the city to construct is from the northern boundary of the city facilities property along the Orono School's property to County Road 6. Hennepin Parks will then complete the connection along County Road 6 to Baker Park in 1998. The next step in moving ahead with the trail segment north of the city facilities property to County Road 6 is to advertise for bids. COUNCIL ACTION REQUESTED: Motion to authorize the City Engineer to advertise for bids for the Old Crystal Bay Road Trail segment from the northerly boundary of the city facilities property to County Road 6. i--------- OOUNCL MEETING MAY 12 1997 REQUEST FOR COUNCIL ACTION CTTYOFORONO DATE: May 6,1997 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Telecommunications Tower and Antenna Regulations - Update The Council has directed that the city's telecommunications ordinance require all personal communications service (PCS) antennas to be located on municipal structures (water towers). The city ’s water towers are located such that antennas located on the water towers can provide adequate geographic coverage for the city. How'ever, each of the water towers can only accommodate two to three sets of PCS antennas (two to three vendors). At this point there are three PCS vendors in the metro area. It is expected that additional vendors wll enter the market. The city's water towers can not accommodate the antennas of more than three vendors. Also, one set of PCS antennas can accommodate a certain volume of usage. Once the usage reaches this point a second set of antennas is needed to handle the volume. It is unclear when this volume level will be reached. However, when this volume is reached additional antennas (and antenna towers) will be needed. Alternatives for accommodating additional antennas are to allow PCS vendors to construct their own towers, or to have a vendor construct a tower for the city which the city can then lease to other vendors. The city's telecommunications consultant ha.s suggested the city could have a monopole tower constructed adjacent to each of its water towers, at a height greater than the water towers, to accommodate three additional sets of antennas. A number of cities have done this. The advantages of this alternative are as follows; 1. The city does not have to change its ordinance with requires all antennas to be located on a city structure. 2.Because the towers would be city structures, the city has control over the location of the towers. 3. The city would receive lease revenue from the towers. The City Attorney is researching the legal issues regarding the city's responsibility to accommodate more than two or three PCS vendors. I ! I if*.If J • ♦ • i ^. m ; AM Request for Council Action continued naeelpage March 19,1997 Item Telecommunications Tower and Antenna Regulations - Update COUNCIL ACTION REQUESTED Motion to provide direction regarding how the city should address the situation where additional towers are required for telecommunication antennas. i i ■< r L n Date:May 2,1997 CX)UNCIL MEETING To:Ron Moorse, City Administrator From: Gary Cheswick, Chief of Police MAY 12 1997 CfTYOFORONO Subject: Liquor License Application -12 Hi Liquor I have reviewed the application of Mr. William Wear on behalf of 12 Hi Liquor. It should be noted that ]^. Wear did have one liquor law violation in 1993, (selling beer to a minor) at his establishment of Orono Self Serve. I have no objection to the issuance of this license. 1 Minnesota Depanment of Public Safety LIQUOR CONTROL DIVISION 190 5th St. E.. St. Paul. MN 55101 (612)296-64.^0 TDD (612) 297.2100 QFF SALE INTOXICATING LIQUOR LICENSE APPLirATIQN OR THE RENEWAL OF AN OFF-SALE lNTOXICATIN(-; LiniJOR I irPNSF APPLICATION TYPE ^ NEW OR TRANSFER - COMPLETE SECTIONS 1, 2, AND 4 CHECK ONE C RENEWAL - COMPLETE SECTION 1. 3 AND 4 .. • « rod^informatioo ** *'*•*’'“ B“yer* Card reoewablc each year. New Liceoceet call 612-296.6430 or 612.296*6434 for applicatic I.ICP.NSKE’S SALES AND USE TAX ID NUMBER--------------------------------------To apply for sales tas number call 296-6181 or 1-800-657.3777 If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. S E C T I 0 N 1 Licensee Name (Individual, Co 1 larya \a poration, Partnership) Wear Trade Name or DBA IZKt Liaacj^ l icense Location fSircCjt Address.A Block No.) Wc9v*|zaJiX ^Cvd City me UU)2, Name of Stor^-Manager5. License Period From County Business Phone Number 6^2-4-^3-704-•7 State M/'i Applicani'a Home Pnonc 6/£-475-403C Zip Code 5535 6. Date of Birth (individual applicant TaUi 51, >924- names, Partner Officer (first middle fast)DOB Title Shares Address City Partner Officer (first middle last)DOB Title Shares Address City Parmer Officer (first middle Iasi)DOB Title Shares Address City Partner Officer (first middle last)DOB Title Shares Address City S E I I i 0( N amount paid in capital state incorporated in_____________amount of authorized capitalization ,, if a subsidiary of any other corporation, so state • -■ ■ incorporated under the laws of another state, is corporation Number of certificate of authority. give purpose of corporation. authorized to do business in the state of Minnesota?. Describe •* (f'rsi floor, second floor, bssemeni. etc.) or if entire building, so stale lospital. training school, reformatory or prison? N<CP . state app.o»i.7.:tc W. W£q.r 36 Vlill, LflKg. K 5535 :llv- with Annlir«nf*> /VI^ ^ d*iiVa*nce'*^'”'"*/^A**** ***** university, state hospital, training school, reformatory or prison? A/<f7 . state app.o»i.7.:tc State name and address of owner of building W)l|l3M___________________________ Has owner of building any connection, directly or indirectly, with applicant? SDAde. Is applicant, or anv of the associates in this application, a member of the governing body of the municipality in which this license is to be issued? Mq_____________|| ,o. in what capacity? ___________________________________________________ Slate whether any person other than applicants has right, title or imeresi in the furniture, fixtures, or equipment for which license IS applied, and if to give name and details_______________________ Have applicants any interest whatsoever, directly or in/5i^cily. in any other liquor establishment in the state of Minnesota*’ Give name and address of such establishment.____________________________________________________ *------------------ \ t#* 8. Arc the premises now occupied, or to be occupied by the applicant entirely separate and exclusive from any other businessestablishment? ^^3_____9. If a drug store, state length of time the store has been in operation ______10. State whether applicant has or will be granted, an On-Sale Liquor License in conjunction with this Off Sale Liquor License, and forNothe same premises_____ ^_________11. State whether applicant has, or will be granted a Sunday On-Sale Liquor License in conjunction with the regular On-Sale Liquorfit)License MM\2. If this application is for a County Board Off-Sale License, state the distance in miles to the nearest municipality_ 1. State whether applicant, or any of the associates in tLis application, have ever had an application for a liquor license rejected by any lactic.m'lnlcipality or State Buthor»fy: if so give dates and details. Pnonc )5C 535 mse 2 Has the applicani, or any of the associates in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give date and details NlotrlC. • I. 3 State whether applicant, or any of the associates in this application, and employees while employed by applicant during the past five years were convicted of any Liquor Law in this state, or under Federal Laws, and if*so, give date and details _________ 4. During the past license year, has a summons been issued under the Liquor Civil Liabilityf Law (Dram Shop) M.S. 340A.802 • «, * ^ EnoYes If yes. attach a copy of the summons. This licensee must have one of the following. Check one: (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.) A. Liquor Liability Insurance (Dram Shop) - S50.000 per person. S100,000 more than ore person; S10,000 property destruction; S50.000 and 5100,000 for loss of means of support. B. A surety bond from a surety company with minimum coverages as specified in A. C. A certificate from the State Treasurer that the licensee has deposited with the state, trust funds having market value of $100,000 or 5100,000 in cash or securities. 1 certify that 1 have read the above gocitions and that the answers arc true and correct of ny own knowledge Print name of applicaat St title l^rVt r applicaat 6t title W- Vi<^A.r Oconcr Signore of Applicant y REPORT BY POLICE DEPARTMENT This is to certify that the applicant, and '.he associates namei herein have not been convicted within iht past five years for any violation of laws of the State of Minnesota, or municipal ordinances relating to intoxicating liquor except as follows % . i *• « • • • Police Department Title Signature . CV. • IMPORTANT NOTICE All retail liquor licensees must have a current Federal fecial Occunational Stamp. This Stamp is issued by the Bureau <| Alcohol, Tc^acco, and Firearms. For Information call 612-290-349o. • REQUEST FOR COUNCIL ACTION COUNCIL MEETINQ MAY 12 1997 CriYOFORONO DATE: May 8, 1997 ITEM NO: J^ Department Approval: Name Ron Moorse Title City Aclministrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Scheduling a Meeting to Discuss Tax Increment Financing as a Tool to Assist Redevelopment The Council received a memo on May 2 indicating conditions may be right for making improvements to the Navarre commercial area witli the catalyst being the O'Sullivan's development and the expansion of Rick's Super Valu. The memo indicated t first step in this process should be to meet with the property owners and business owners to heai what their vision is for the area. The memo also indicated one of the key issues will certainly be the question of how any type of improvement effort would be funded. One potential source of funding is tax increment financing. Tax increment financing has not been used in Orono -id uS such is a new concept. Staff had suggested a consultant with expertise in the area of tax increment financing attend a council meeting or work session to provide information regarding tax increment financing. COUNCIL ACTION REQUESTED: Motion to schedule a date and time to meet with a tax increment financing consultant. REQUEST FOR COUNCIL ACTION DATE; April 23, 1997 ITEM NO : Department Approval: Name Dorothy Hallin Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval GARBAGE & REFUSE COLLECTOR'S LICENSE Baldy Suiiiutiou Inc. 5906 Henry Street Maple Plain ONOUOdOAllO 266T Z T AVW owjaamownoD Blackowiak & Son Sanitation & Rolloff Service 1195 Sunnyfield Rd N Mound COUNCIL ACTION REQUESTED Motion to approve/deny above listed licenses. A * ■ CITY OP ORONO P.O. Box 66 Crystal Bay^ MN 55323 473-7357 License Year Date Received Fee Paid _ ________~ Initials /\PR E S garbage & REPOSE COLLECTOR'S LICENSE APPLICATION The undersigned wishes to operate the indicated business in the City of Orono and herewith makes application for a license to do so. Business/Pinn —0 W 1 C^ Address- - -(; clt;) " (State) (i xp code, Business Phone Number - - - - - - - - ^irryApplicant's Name AL- - - -- . Address - -(gtreetf^'' - -(State) (Zip-c6diT • Phon^/ i^umber _. IndividualCheck one: _ _ _ _ indiviauar - - - - Partnership Number Of Vehicles to be used in Orono - - -/- - - - -- Description of Vehicles (attached list if more): Loaded Lc^ided ^ Year Mfgr. Gross Wt. ^aj._ftxle Wt^ Size/Yards r't/ib __ _ _ _ _ _ _ _ _ __— — V Corporation License Number General area of City served- -^2=:- - - - - - - - - - - - - - - - - - - - - - -- Schedule of Collection charges/ dates ^ ~ — Approximate number of customers in Orono - -^- - -- - - - - - - - - - Location of dumping area /it■< - - - - - -^ i;;'o^"^7oR“TH7s""A;;ri'^^^^^^^^ must enclose THE POLLOWING: suretv bond in the amount of $1,000. Proof of insurance A,:. - - - - Applicant-*^Date. ;or«« After review^of ^application, ’ Approval /7s~ /?7 Date c. - • - V • f • CITY OF ORONO P.O. Box 66 Crystal Bay^ MN 55323 473-7357 D,. - - -CITY OF ORONO License Year Date Received Fee Paid Initials GARBAGl3^fiHR^0S]j0gpLLECTOR*S LICENSE APPLICATION The undersigned wishes to operate the indicated business in the City of Orono and herewith makes application for a license to do so. Rncinpcs/Pirm Blackowiak & Son Sanitation & Rolloff Service_ _ _ _ _ _ _ _ _ _ Ad^T-ess 1195 Sunnyfield Rd. N. Mound Mn. 55364 (Street) Business Phone Number 472-3398 (City)(State) (Zip Code) Applicant' s Name Fran)< Blackowiak Address 1155 Sunnyfield~Rd. N._ _ _Mound Mn.55364 (Street) Phone Number _ _ _472--2977 (City)(State) (Zip Code) Check One:Individual Partnership 7 Corporation Number of Vehiclos to be used in Orono _ Description of Vehicles (attached list if more): Loaded Loaded year Mfgr. Gross Wt. Rear Axle Wt. Size/Yards _ _ _ _ _ _ (SEE ATTACHED) _ _ _ _ _ __ License Number General area of City served ALL QF Orono except Ferndal^ Schedule of Collection charges/ dates /.crf attachedI Approximate number of customers in Orono Approximately 2500—-- - -- Location of dumping area Hennepin Energy Resource FOR THIS APPLICATION TO BE COMPLETE, YOU MOST ENCLOSE THE FOLLOWING:IN ORDER Surety bond in the amount of $1,000. Proof of insurance f $100,000-$300,000-$50,000, and 10-day cancellation clause, f®®bll) $30.00 flat rate fee, plus $15/truck, and a $30.00 transfer^fee Ji£^applicableK I am the owner and operator of the above business and I have paid all license fees and taxes requiredJjy law. The above information is correct. 4/24/97 _ _ _ _ _ _ Applicant Date. FOR CITY USE ONLY: After review of application, staff recommends: ■■■ Denial_ _ _ _Other (specify)Approval i/l/iMax 4 S'/sAr? Signature of' CityOfficial Date 04/30/97 Pay 135.00 . ^ • • c^O COUNCIL MEETING MAY 12 1997 CfTYOFOnONd 30 Apr 1997 Wed 9:05 AM Check Number Check 53240 53240 Date Name 53240 MDNICI-PALS 30-Apr-97 MUNICI-PALS 30-Apr-97 f!UNICI-PALS * k » Totals Check Number 53240 MUNICI-FALS Check Register City of Orono Check Number w/.. ivi ^ I J 53550 CITY OF ORONO GOLF COURSE Transaction Amount 60.00 20.00 80.00 Page 1 Comments HASEI4AN, VEE, HALLIN VAN ZOMEREN 53550 30-Apr-97 Totals Check Number CITY OF ORONO GOLF COURSE 53550 CITY OF ORONO GOLF COURSE 200.00 200.00 STARTUP BANK FOR '97 Check Number 53551 CITY OF WAYZATA 53551 30-Apr-97 Totals Check Number CITY OF WAYZATA 53551 CITY OF WAYZATA 3.009.71 3.009.71 TAX. TITLE, LIC-DUMP TRUC Check Number 53552 POSTMASTER 53552 53552 53552 535*12 30-Apr-97 30-Apr-97 30-Apr-97 30-Apr-97 Totals Check Number POSTMASTER POSTMASTER POSTMASTER POSTMASTER 53552 POSTMASTER 82.00 265.00 215.00 900.00 1,462.00 1ST QTR BILLING 1ST QTR BILLING 1ST QTR BILLING POSTAGE FOR METER Check Number 5. 554 53554 HENNEPIN COUNTY TREASURER 30-Apr-97 Totals Check Number HENNEPIN COUNTY TREASURER 53554 HENNEPIN COUNTY TREASURER Check Number 53555 53555 POSTMASTER 30-Apr-97 Totals Check Number POSTMASTER 53555 POSTMASTER Check Number ^3557 53557 HENNEPIN COUIOT TREASURER 30-Apr-97 Totals Check Number HENNEPIN COUNTY TREASURER 53557 HENNEPIN COUNTY TREASURER Check Number 53558 53558 POST BOARD 30-Apr-97 Totals Check Number POST BOARD 53558 POST BOARD Check Number 53746 53746 FORD CONSTRUCTION 30-Apr-97 FORD CONSTRUCTION 50.00 50.00 938.24 938.24 25.00 25.00 15.00 15.00 3,760.05 PERMIT APPLICATION FEB POSTAGE FOR NEWSLETTER NOTARY FEE - GAPPA LICF.NSE-KENNETH S. HALL PAY #4, L.S. #28 RENOV. 30 Apr 1997 Wed 9:05 AM Check Register City of Orono Page 2 Check Number Date Name Transaction Amount Comments Check Number 53746 FORD CONSTRUCTION Totals Check Number 53746 FORD CONSTRUCTION 3,760.06 Grand Total 9,540.01 ‘A I 1 • 5 May 1997 Hon 3:44 PM Check Register City of Orono Check Number Date Name Check Number 53752 53752 CITY COUNTY CREDIT UNION 07-May-97 CITY COUNTY CREDIT UNION Totals Check Number 53752 CITY COUNTY CREDIT UNION Check Number 53753 FIRST NATIONAL BANK OF LAKES 53753 53753 53753 07-May-97 07-May-97 07-May-97 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totals Check Number 53753 rIRST NATIONAL BANK OF LAKES Check Number 53754 GREAT WEST LIFE ASSURANCE CO. 53754 07-May-97 GREAT WEST LIFE ASSURANCE CO Totals Check Number 53754 GREAT WEST LIFE ASSURANCE CO. Check Humber 53755 HENNEPIN CO. SUPPORT k COLL 07-May-97 HENNEPIN CO. SUPPORT & COLL53755 Totals Check Number 53755 HENJ^'EPIN CO. SUPPORT k COLL Check Number 53756 HENNEFIN COUNTY SUPPORT & COLL 53756 07-May-97 HENNEPIN COUNTY SUPPORT & COLL Totals Check Number 53756 HENNEPIN COUNTY SUPPORT k COLL Check Number 53757 ICMA RETIREMENT TRUST - 457 53757 07-May-97 ICMA RETIREMENT TRUST - 457 Totals Oieck Number 53757 ICMA RETIREMENT TRUST - 457 Check Number 53758 LAW ENFORCMENT LABOR SERVICE 53756 07-May-97 LAW ENFORCMENT LABOR SERVICE Totals Check Number 5375b LAW ENFORCMENT LABOR SERVICE Check Number 53759 MN DEPT OF REVENUE 33759 07-May-97 MN DEPT OF REVENUE Totals Check Number 53759 MN DEPT OF REVENUE Check Number 53760 MN MUTUAL LIFE 3760 07-May-97 MN MUTUAL LIFE Totals Check Number 53760 MN MUTUAL LIFE Transaction Amount 7,708.00 7,708.00 3,223.60 3,223.60 7,393.10 13,840.30 741.46 741.46 0.00 0.00 184.50 164.50 12:.OU 125.00 0.00 0.00 3,184.79 3,184.79 464.00 464.00 Page 1 Comments SAVINGS W/H k TRANSFERRED FICA k MEDICARE W/H FICA.MEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED COMP W/H THOMTON SC0266780 SIOIEQI 8C0263310 DEFERRED COMP W/H UNION DUES W/H STATE TAX W/H DEFERRED COMP W/H 3! I i 5 May 1997 Mon 3:44 PM Check Register City of Orono Check Number Date Name Check Number 53761 53761 MN STATE RETIREMENT-DEF COMP 07-May-97 MN STATE RETIREMENT-DEF COMP Totals Check Number 53761 MN STATE RETIREMENT-CEF COMP Check Number 53762 PEBSCO/OBRA 53762 07-May-97 PEBSCO/OBRA Totals Check lAimber 53762 PEBSCO/OBRA Check Number 53763 PEBSCO/US CONF OF MAYORS 53763 07-^^ay-^7 PEBSCO/US CONF OF MAYORS Totals Check Number 53763 PEBSCO/US CONF OF MAYORS Check Number 53764 PERA 53764 53764 07-May-97 07-May-97 PERA PERA Totals Check Number 53764 PERA Check Number 53765 UNITED kAY 53765 07-May-97 UNITED WAY Totals Check Number 53765 UNITED WAY Grand Total Transaction Amount 265.00 265.00 173.17 173.17 1.789.86 1.789.86 3.934.44 5,177.43 9,111.87 23.00 23.00 37,610.95 Page 2 Comments DEFERRED COMP W/H OBRA DEFERRED COMP W/H USCM DEFERRED COMP N/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H ! 8 Hay 1997 Thu 11:42 AM Check Number Check Number 53766 Date N^me Check Register City of Orono 53766 AIRTOUCH CELLULAR 12-May-97 AIRTOUCH CELLULAR Totals Check Number 53766 AIRTOUCH CELLULAR Transaction Amount 357.37 357.37 Page 1 Comments APRIL SERVICE Check Number 53767 ALL STAR ELECTRIC 53767 12-May-97 Totals Check Number ALL STAR ELECTRIC 53767 ALL STAR ELECTRIC 82.19 82.19 REPAIR LIGHTS Check Number 53768 AT & T CONSUMER PRODUCTS DIV 53768 12-May-97 Totals Check Number AT a T CONSUMER PRODUCTS DIV 53768 AT a T CONSUMER PRODUCTS DIV 19.55 19.55 2ND QTR-LEASED EQUIP Check Number 53769 ATaT 53769 12-M«-.y-97 Totals Check Number ATaT 53769 ATaT 90.32 90.32 LONG DISTANCE CHARGES Check Number 53770 AUGI^S MOBILE CHEF 53770 12-May-97 Totals Check Number AUGIES MC3ILB CHEF 53770 AUGIES MOBILE CHEF 29.16 29.16 FOOD FOR RESALE Check Number 53771 53771 BEACK, SCOTT 12-May-97 Totals Check Number BEACK, SCOTT 53771 BEACK, SCOTT 91.20 91.2C GOLF BALLS Check Number 53772 BENEFITS DESIGN GROUP 53772 12-May-97 Totals Check Number BENEFITS DEF GROUP 53772 BENEFITS ‘.M* 2,080.95 2,080.95 MAY Check Number 53773 BLACKOWIAK a SON 53773 12-May-97 Totals Check Number BLACKOWIAK a SON 53773 BLACKOWIAK a SON 168.58 168.58 APRIL SERVI'T; Check Number 53774 53774 53774 BUDGET PRINTING 12 May-97 12-May-97 BUDGET PRINTING BUDGET PRINTING 5.33 62.31 CAFR REPORT COVERS RESERVATION CALEIiDAR •8 May 1997Thu 11:42 AMCheckNumber DateCheckNumber53774 BUDGET5377412-May-975377412-May-975377412-May-975377412-May-975377412-May-97 Check Register City of OronoNameBUDGET PRINTING BUDGET PRINTING BUDGET PRINTING BUDGET PRINTING BUDGET PRINTING Totals Check Number 53774 BUDGET PRINTING Check Number 53775 BUSINESS FORMS & ACCOUNTING 53775 53775 53775 53775 53775 12-May-97 12-May-97 12-May-97 12-May-97 12-May-97 Totals Check Number Check Number 53776 CARGILL SALT 53776 12-May-97 CARGILL SALT Totals Check Number 53776 CARGILL SALT Ch^c^ Number 53777 CERES ENVIRONMENTAL SERVICES >,777 12-May-97 CERES EriVIRONMENTAL SERVICES Check Number 53777 CERES ENVIRONMENTAL SERVICES Check Number 53778 CHESWICK, GARY 53778 28-Apr-97 CHESWICK. GARY Totals Check Number 53778 CHESWICK. GARY Check Number 53779 CHUNKS LAKESHORE AUTO Transaction Check Number 53780 53780 CITY OF LONG LAKE 12-May-97 CITY OF LONG LAKE 1.397.34 1.397.34 15.00 15.00 22.70 22.70 Page 2ArountComments87.82 D.A.R.E. CERTIFICATES9.85 CAFR COVERS,INSERTS19.70 CAFR COVERS,INSERTS19.70 C!iFR COVERS,INSERTS147.68 CAFR COVERS,INSERTS 352.39 BUSINESS FORMS &ACCOUNTING 174.25 UTILITY BILLS BUSINESS FORMS &ACCOUNTING 174.25 UTILITY BILLS BUSINESS FORMS &ACCOUNTING 87.11 UTILITY BILLS BUSINESS FORMS fit ACCOUNTING 505.46 A/P CHECKS BUSINESS FOR.MS 6 ACCOUiniNG 245.96 PAYROLL CHECKS 53775 BUSINESS FORMS fit ACCOUNTING 1.187.03 SOFTENER SALT LOGS TO DUMP RESERVE BANQUET REIMS. 53779 12-May-97 CHUNKS LAKESHORE AUTO ?3.50 #175 OVERHEAD CONTROLLER 53779 12-May-97 CHUNKS LAKESHORE AUTO 61.30 #170 SCOPE CHECK REPAIR 53779 12-May-97 CHUNKS LAKESHORE AUTO 77.92 #174 COMPUTER DIAG. 53779 12-May-97 CHUNKS LAKESHORE AUTO 118.49 #176 EMISSION DIAG. 53779 12-May-97 CHUNKS LAKESHORE AUTO 47.75 #167 MOUNT TIRES. PHONE 53779 12-May-97 CHUNKS LAKESHORE AUTO 61.75 #170 OIL CHG. TUNEUP 53779 12-May-97 CHUNKS LAKESHORE AUTO 83.33 #175 OIL CHG. :iRE ROTATE 53779 12-Ma/-97 CHUNKS LAKESHORE AUTO 2.337.09 #173 TRANSMISSION Totals Check Number 53779 CHU^IKS LAKESHORE AUTO 2.806.13 Totals Check Number 53780 CITY OF LONG LAWS 25.592.48 25.592.48 2ND QTR FIRE PROTECTION 8 May 1997 Thu 11:42 AM Check Register City of Orono Check Number Date Name Check Number 53781 53781 53781 CITYVIEW PLUMBING & HEATING 12-May-97 CITYVIEW PLUMBING & HEATING 12-May-97 CITYVIEW PLUMBING & HEATING Totals Check Number 53781 CITYVIEW PLUMBING & KEATING Qieck Number 53782 CLASSIFIEDS 53782 12-May-97 CLASSIFIEDS Totals Check Number 53782 CLASSIFIEDS Check Number 53783 CONNELLY INDUSTRIAL ELEC 53783 12-May-97 CONNELLY INDUSTRIAL ELEC, Totals Check Number 53783 CONNELLY INDUSTRIAL ELEC. Check Number 53784 CORNICK, JAMES 53784 12-May-97 CORNICK, JAMES Totals Check Number S3784 CORNICK. JAMES Check Number 53785 CRABTREE COMPA.NIES 53785 12-May-97 CRABTREE COMPANIES Totals Check Number 53785 CRABTREE COMPANIES Check Number 53786 CUMMINS DIESEL SALES INC. 53786 12-May-97 CUMMINS DIESEL SALES INC Totals Check Number 53786 CUMMINS DIESEL SALES INC Check Number 53787 DAY DISTRIBUTING CO. 53787 53787 12-May-97 28-Apr-97 DAY DISTRIBUTING CO, DAY DISTRIBUTING CO, Totals Check Number 53787 DAY DISTRIBUTING CO, Check Number 53788 DE34BOUSKI. JAY 53788 12-May-97 DEMBOUSKI, JAY Totals Check Number 53788 DEMBOUSKI. JAi Check Number 53789 DEPT OF ADMINISTRATION 53789 12-May-97 DEPT OF ADMINISTRATION Totals Check Number 53789 DEPT OF ADMINISTRATION Transaction Amount 67.00 294.36 361.36 75.36 75.36 47.07 47.07 57.74 57.74 543.53 543.53 808.26 808.26 205.55 64.00 269.55 73.49 73.49 1.009.45 1.009.45 Page 3 Comments CHECK LIGHT FIXTURE REPAIR WOMENS TOILET AD FOR SQUADS FLOW METER EXPENSE REIMBURSEMENT TONER CARTRIDGES REPAIR GOVERNOR. VOLTMETR BEER FOR RESALE BEER POR RESALE FJCPENSE REIMBURSEMENT MICROFICHE SERVICES • 8 May 1997 Thu 11:42 AM Gieck Register City of Orono Check Number Date Name Check Number 53790 53790 DYNAMEO 12-May-97 DYUAMED Totals Check Number 53790 DYNAMED Check Number 53791 B.S.O. COMPANY INC. 53791 12-May-97 E.S.G. COMPANY INC, Totals Check Number 53791 E.S.G. COMPANY INC Check Number 53792 EARL P. ANDERSON & ASSOC. 53792 53792 12-May-97 12-May-97 EARL F. ANDERSON k ASSOC. EARL F. ANDERSON k ASSOC. Totals Ched« Number 53792 EARL P. ANDERSON k ASSOC. Check Number 53793 EAST SIDE BEVERAGE 53793 12-May-97 EAST SIDE BEVERAGE Totals Check Number 53793 EAST SIDE BEVERAGE Check Number 53794 EDELMANN k ASSOCIATES INC. 53794 53794 12-May-97 12-May-97 EDELMANN k ASSOCIATES INC. EDELMANN & ASSOCIATES INC, Totals Check Number 53794 EDELMANN k ASSOCIATES INC. Check Number 53795 ELM CREEK GOLF 53795 12-May-97 ELM CREEK GOLF Totals Check Number 53795 ZUi CREEK GOLF Check Number 53795 EXPRESS MESSENGER 53V96 12-May-97 EXPRESS MESSENGER Totals Check Number 53795 EXPRESS MESSENGER Check Number 53797 FROST, SKERRY R. 53797 06-May-95 FROST, SHERRY R Totals Check Number 53797 FROST, SHERRY R Check Number 53799 G 5 K SERVICES 53799 12-May-97 G 5 K SERVICES Transaction Amount 277.20 277.20 25.00 25.90 522.52 45.14 558.56 34.40 34.40 372.13 125.45 497.56 300.00 300.00 22.05 22.05 630.00 630.00 11.10 Page 4 Comments MEDICAL SUPPLIES MACHINE SHAFT FOR OILER SIGNS FOR PARK ENTRANCE STREET SIGN - CUDD CO. BEER FOR RESALE ROTOR k SHAFT GASKETS FOR ROTOR SHARPEN REELS PACKAGE-NORTHERN ENVIRON PARK COMMISSION RATHBUN '^9 8 May 1997 Thu 11:42 AM Check Register City of Orono Page 5 Check Number Date Name Check Number 53799 53799 53799 53799 53799 53799 53799 53799 53799 53799 53799 53799 53799 53799 G & 12-May-97 12-May-97 12-May-97 12-May-97 12-May-97 12-May-97 12-May-97 12-May-97 12-May-97 12-May-97 12-May-97 12-May-97 12-May-97 K SERVICES G & K SERVICES G & K SERVICES G & K SERVICES G & K SERVICES G & K SERVICES G & K SERVICES Q fit K SERVICES G fii K SERVICES G fit K SERVICES G & K SERVICES G fit K SERVICES G fik K SERVICES Q fc K SERVICES Totals Check Number 53799 G fit K SERVICES Check Number 53800 GALL'S INC. 53800 53800 12-May-97 12-May-97 GALL'S INC, GALL'S INC, Totals Check Number 53800 GALL'S INC. Check Number 53801 GENERAL OFFICE PRODUCTS 53801 12-May-97 GENERAL OFFICE PRODUCTS Totals Check Number 53801 GENERAL OFFICE PRODUCTS Check Number 53802 GENUINE PARTS CO. Check Number 53803 GOLF CAR MIDWEST 53803 12-May-97 GOLF CAR MIDWEST Totals Check Number 53803 GOLF CAR MIDWEST Check Number 53804 GOLF COURSE SUPT ASSN OF AMER. 53804 12-May-97 GOLF COURSE SUPT ASSN OF AMER Totals Check Number 53804 GOLF COURSE SUPT ASSN OF AMER Check Number 53805 GTE DIRECTORIES 12-May-97 GTE DIRECTORIES Totals Check Number 53805 GTE DIRECTORIES 53805 Transaction Amount 12.15 62.23 95.37 5.93 54.69 70.07 54.69 12.15 82.84 5.93 12.15 62.23 5.93 547.46 34.98 312.98 347.96 420.14 420.14 1,200.00 1,200.00 250.00 250.00 0.52 0.52 Comments RATHBUN STREET EMPLOYEES FLOOR MATS STEFFENHAGEN FLOOR MATS FLOOR MATS FLOOR MATS RATHBUN STREET EMPLOYEES STEFFENHAGEN RATHBUN STREET EMPLOYEES STEFFENHAGEN SPEAKER ADAPTOR KIT SIREN SWTICH TABLE-GAFFRON 53802 12-May-97 GENUINE PARTS CO.21.23 MISC PARTS 53802 12-May-97 GENUINE PARTS CO.44.20 MISC PARTS 53802 06-May-96 GENUINE PARTS CO.123.65 MISC PARTS Totals Check Number 53802 GENUINE PARTS CO.189.08 APRIL RENTAL STEFFENHAGEN MEMBERSHIP BALANCE DUB t _ _i r 8 May 1997 Thu 11:42 AM Chech Register City of Orono Check Number Date Name Check Number 53806 53806 HALLIN, DOROTHY 12-May-97 HALLIN, DOROTHY Totals Check Number 53806 HALLIN, DOROTHY Check Number 53807 HEALTHPARTNERS 53807 53807 22-May-96 22-May-96 HEALTHPARTNERS HEALTHPARTNERS Totals Check Number 53807 HEALTHPARTNERS Check Number 53808 HENNEPIN CO-OP SEED EXCHANGE 53808 53808 12-May-97 12-May-97 HENNEPIN CO-OP SEED EXCHANGE HENNEPIN CO-OP SEED EXCHANGE Totals Check Number 53808 HENNEPIN CO-OP SEED EXCHANGE Check Number 53809 HENNEPIN COUNTY TREAS. 53809 53809 12-May-97 12-May-97 HENNEPIN COUNTY TREAS HENNEPIN COUNTY TREAS Totals Check Number 53809 HENNEPIN COUNTY TREAS Check Number 53810 HENNEPIN COUNTY TREASURER-GEN 53810 12-May-97 HENNEPIN COUNTY TREASURER-GEN Totals Check Number 53810 HENNEPIN COUNTY TREASURER-GEN Check Number 53811 HUEBSCH RENTAL SERVICE 53811 53811 12-May-97 12-May-97 HUEBSCH RENTAL SERVICE HUEBSCH RENTAL SERVICE Totals Check Number 53811 HUEBSCH RENTAL SERVICE Check Number 53812 KUSTOM SIGNALS INC 53812 12-May-97 KUSTOM SIGNALS INC Totals Check Number 53812 KUSTOM SIGNALS INC Check Number 53813 KWOM 53813 12-May-97 KWOM Totals Check Number 53813 KWOM Check Number 53814 LAXESHORS WEEKLY NEWS 53814 12-May-97 LAKESHORE WEEKLY NEWS Transaction Amount 19.13 19.13 313.51 5,477.08 5,790.59 95.80 372.75 468.55 27.15 24.50 51.65 312.00 312.00 74.55 52.92 127.47 110.66 110.66 432.00 432.00 67.50 Page 6 Comments EXPENSE REIMBURSEMENT JUNE INSURANCE JUNE INSURANCE SHADY MIX SEED FEES - STATE DEED TAX FEES - CANCEL. OF FORFEIT ROOM & BOARD - MARCH FLOOR MATS CLEAN FLOOR MATS PARTS FOR RADAR RADIO AD AD FOR GOLF 8 Hay 1997 Thu 11:42 AM Check Register City of Orono Check Number Date Name Check Number 53814 LAKESHORE NEEKLY NEKS Totals Check Number S3814 LAKESHORE WEEKLY NEWS Check Number 53815 LAND CARE EQUIPMENT 53815 12-May-97 LAND CARE EQUIPMENT Totals Check Number 53815 LAND CARE EQUIPMENT Check Number 53816 53816 LAWN DETAILERS INC. 12-May-97 LAWN DETAILERS INC, Totals Check Number 53816 LAWN DETAILERS INC. Check Number 53817 LEAGUE OP MN CITIES S3817 12-May-97 LEAGUE OP MN CITIES ’totals Check Number 53817 LEAGUE OF MN CITIES Check .•'himber 53818 LEHNE'S TIRE SERVICE 53818 12-May-97 LEHNE’S TIRE SERVICE Totals Check Number 53810 LEHNE'S TIRE SERVICE Check Number 53819 LONG LAKE BIG A AUTO PARTS 53819 12-May-97 LONG LAKE BIG A AUTO PARTS Totals Check Number 53819 LONG LAKE BIG A AUTO PARTS Check Number 53820 LONG LAKE POWER EQUIPMENT 53820 53820 12-May-97 12-May-97 LONG LAKE POWER EQUIPMENT rX)NG LAKE POWER EQUIPMENT Totals Check Number 53820 LONG LAKE POWER EQUIPMENT Check Number 53021 MACQUEEN EQUIPMEIfT 53821 12-May-97 MACQUEEN EQUIPMENT Totals Check Number 53821 MACQUEEN EQUIPMENT Check Number 53822 MAGIC CLEANERS 53822 12-May-97 MAGIC CLEANERS Totals Check Number 53022 MAGIC CLEANERS Check Number 53823 MET COUNCIL ENVIRONMENTAL SVCS 5382.06-May-96 MET COUNCIL ENVIRONMENTAL SVCS Transaction Amount 67.50 21.84 21.84 2,145.22 2,145.22 40.00 40.00 55.25 55.25 2.96 2.96 10.46 76.54 87.00 28.32 28.32 10.65 10.65 20,320.00 Page 7 Comments OIL FILTERS APRIL SERVICE CITIES BULLETIN SUBSCRIPT SCRAP TIRES REM BALANCE CHAIN SAW OIL k NUT REPAIR MOWER HOSE FOR SWEEPER BLANKET CLEANING JUNE SEWER CHARGES •1 8 May 1997 Thu 11:42 AM Check Register City of Orono Check Number Date Name Check Number 53823 MET COUNCIL ENVIRONMENTAL SVCS Totals Check Number 53B23 MET COUNCIL ENVIRONMENTAL SVCS Check Number 53824 MIDWEST ASPHALT 53824 12-May-97 MIDWEST ASPHALT Totals Check Number 53824 MIDWEST ASPHALT Check Number 53825 MINNEAPOLIS OXYGEN COMPANY 53825 12-May-97 MINNEAPOLIS OXYGEN COMPANY Totals Check Number 53825 MINNEAPOLIS OXYGEN COMPANY Check Number 53826 MINNEQASCO 53826 53826 53826 12-May-97 12-May-97 12-May-97 HINNEGASCO MINNEGASCO MINNEGASCO Totals Check Number 53826 MINNEGASCO Check Number 53827 MINNESOTA SUN PUBLICATIONS 53827 12-May-97 MINNESOTA SUN PUBLICATIONS Totals Check Number 53827 MINNESOTA SUN PUBLICATIONS Check Number 53828 MN DEPT OF REVENUE 53828 53828 53828 06-May-96 06-May-96 06-Kay-96 MN DEPT OP REVENUE MN DEPT OP REVENUE MN DEPT OP REVENUE Totals Check Number 53828 MN DEPT OF REVENUE Check Number 53829 MPLS COMMUNITY COLLEGE 53829 12-May-97 MPLS COmUNITY COLLEGE Totals Check Number 53829 MPLS COfWUNITY COLLEGE Check Number 53830 MSP COMMUNICATIONS 53830 12-May-97 MSP COMMUNICATIONS Totals Check Number 53830 MSP COMMUNICATIONS Check Number 53831 MTI DIST CO. 53831 12-May-97 MTI DIST CO. Totals Check Number 53831 MTI DIST CO. Transaction Amount 20.320.00 385.11 385.11 13.50 13.50 35.10 254.50 976.87 1,266.47 274.00 274.00 1.184.00 1.623.00 35.00 2,842.00 1,100.00 1,100.00 221.00 221.00 218.22 218.22 Comments ASPHALT PATCH MEDICAL OXYGEN GAS CHARGES GPS CHARGES GAS CHARGES GOLF AD APRIL SALES TAX APRIL SALES TAX APRIL SALES TAX Page 8 DEMBOUSKI, CORNICK ADVERTISD1ENT MISC PARTS 8 May 1997 Check Register Thu 11:42 AM City of Orono Check Transaction Number Date Name Amount Comments Check Number 53832 NOW CARE MEDICAL CENTERS 53832 12-May-97 NOW CARE MEDICAL CEITTERS 55.00 DRUG TESTING Totals Check Number 53832 NOW CARE MEDICAL CENTERS 55.00 Check Number 53833 NSP 53833 06-Feb-97 NSP 1,119.68 STREET LIGHT BILL 53833 12-May-97 NSP 112.78 NSP CHARGES 53833 12-May-97 NSP 1,293.20 NSP CHARGES 53833 12-May-97 NSP 1,897.22 NSP CHARGES 53833 12-May-97 NSP ,1,804.95 NSP CHARGES 53833 12-May-97 NSP 305.56 HWY 12 & WILLOW Totals Check Number 53833 NSP 6,533.59 Check Number 53834 OFFICE DEPOT 53834 12-May-97 OFFICE DEPOT 411.87 MISC SUPPLIES 53834 12-May-97 OFFICE DEPOT 10.27 WRIST PADS Totals Check Number 53834 OFFICE DEPOT Check Number 53835 OLD DUTCH FOODS INC. 53835 12-May-97 OLD DUTCH FOODS INC Totals Check Number 53035 OLD DUTCH FOODS INC, Check Number 53836 OMAN. LYLE 53836 12-May-97 OMAN, LYLE Totals Check Number 53836 OMAN, LYLE Check Number 53837 PALO, REED 53037 12-May-97 PALO. REED Totals Check Number 53837 PALO, REED Check Number 53038 PERA LIFE INSURANCE 53838 06-May-96 PERA LIFE INSURANCE Totals Check Number 53038 PERA LIFE INSURANCE Check Number 53839 PERSONNEL DECISIONS 53839 12-May-97 PERSONNEL DECISIONS Totals Check Number 53639 PERSONNEL DECISIONS Check Number 53840 PIONEER 422.14 13.09 13.09 21.70 21.70 26.25 26.25 156.00 156.00 935.00 935.00 Page 9 CHIPS FOR RESALE MILEAGE REIMBURSEMENT EXPENSE REIMBURSEMENT JUNE INSURANCE LEAP TESTS - POLICE RSRVE ■W' 8 May 1997 Check Register Page Thu 11:42 AM City of Orono Check Transaction Number Date Name Amount Comments Check Number 53840 PIONEER 53840 12-May-97 PIONEER 28.00 ZONING CODE AMENDMENTS 53840 12-May-97 PIONEER 52.50 PROPOSED SUBDIVISION 53840 12-May-97 PIONEER 70.00 LAND USE APPLICATIONS 53840 12-May-97 PIONEER 204.85 ASSESSMENT HEARING Totals Check Number 53840 PIONEER Check Number 53041 POPHAM HAIK & ASSOC 53041 12-May-97 POPHAM HAIK & ASSOC Totals Check Number 53841 POPHAM HAIK & ASSOC Check Number 53S42 POHERCLEAN COMPANY INC. 53842 53842 12-May-97 12-May-97 POHERCLEAN COMPANY INC. POHERCLEAN COMPANY INC. Totals Check Number 53842 POHERCLEAN COMPANY INC. Check Number 53843 PRAIRIE OFFSET 53843 12-May-97 PRAIRIE OFFSET Totals Check Number 53843 PRAIRIE OFFSET Check Number 53044 R i T SPECIALTY INC. 53844 12-May-97 R 4 T SPECIALTY INC. Totals Check Number 53844 R 4 T SPECIALTY INC. Check Number 53845 REEO VENDING 53045 12-May-97 REED VENDING Totals Check Number 53045 REED VENDING Check Number 53046 RICKS SUPERVALUE 53046 12-May-97 RICKS SUPERVALUE Totals Check Number 53846 RICKS SUPERVALUE Check Number 53047 ROLLINS OIL CO. 53847 53047 53847 12-May-97 12-May-97 12-May-97 ROLLINS OIL CO. ROLLINS OIL CO. ROLLINS OIL CO. Totals Check Number 53847 ROLLINS OIL CO. Check Number 53848 SENIOR COMMUNITY SERVICES 355.35 4,950.32 4,950.32 4,957.30 183.93 183.93 459.23 459.23 129.90 129.90 3.80 3.80 3.094.22 3,000.67 93.55 6,188.44 MARCH SERVICES 3,204.28 1,753.10 • CARPET, TILE CLEANING APRIL SERVICE LETTERHEAD, RESOLUTION D.A.R.E. SUPPLIES CANDY FOR RESALE SPRING HTR FOR RESALE UNLEADED GAS UNLEADED GAS UNLEADED GAS 1 i 8 May 1997 Thu 11:42 AM Check Register City of Orono Check Number Date Name Check Number 53848 53848 SENIOR COMMUNITY SERVICES 06-May-96 SENIOR COWUNITY SERVICES Totals Check Number 53848 SENIOR COMMUNITY SERVICES Check Number 53849 SNYDER DRUG STORES 53849 53849 53849 12-May-97 12-May-97 12-May-97 SNYDER DRUG STORES SNYDER DRUG STORES SNYDER DRUG STORES Totals Check Number 53849 SNYDER DRUG STORES Check Number 53850 STA-SAFE LOCKSMITH 53850 53850 12-May-97 12-May-97 STA-SAFE LOCKSMITH STA-SAFE LOCKSMITH Totals Check Number 53850 STA-SAFE LOCKSMITH Check Number 53851 STREICHERS 53851 53851 53851 12-May-97 12-May-97 12-May-97 STREICHERS STREICHERS STREICHERS Totals Check Number 53851 STREICHERS Check Number 53852 T.A. SCKIFSKY 6 SONS INC. 53852 12-May-97 T.A. SCHIFSKY & SONS INC Totals Check Number 53852 T.A. SCHIFSKY & SONS INC, Check Number 53853 TENNESSEE VALLEY TECHNOLOGIES 53853 12-May-97 tent ;essee valley technologies Totals Check Number 53053 TENNESSEE VALLEY TEODJOLOGIES Check Number 53054 TRI STATE PUMP 53854 12-May-97 TRI STATE PUMP Totals Check Number 53854 TRI STATE PUMP Check Number 53055 UNIFORMS UNLIMITED 53855 22-May-96 UNIFORMS UNLIMITED Totals Check Number 53055 UNIFORMS UNLIMITED Check Number 53056 UNUM LIFE INSURANCE - LIFE 53856 12-May-97 UNUM LIFE INSURANCE - LIFE Transaction Amount 3,305.00 3,305.00 4.97 5.03 24.67 34.67 110.02 86.41 196.43 41.51 63.58 12.67 117.76 277.33 277.33 35.00 35.00 242.52 242.52 1,296.17 1,296.17 0.70 Page 11 Comments 2ND OTR SERVICES MISC SUPPLIES FIIM DEVELOPING BATTERIES REPAIR DOOR LOCK REPAIR DOOR - PtI EQUIP FOR NEW SQUADS MAPLIGHT TAPE WINTER ASPHALT GAS CARDS G.S. 85 ALTERNATOR MISC UNIFORMS MAY LIFE INSURANCE 8 Hay 1997 Thu 11:42 AM Check Register City of Orono Check Transaction Check Number 53858 US WEST COMMUNICATIONS Check Number 53059 VESSCO INC. 53859 53859 12-May-97 12-May-97 VESSCO INC, VESSCO INC, Totals Check Number 53859 VESSCO INC. Check Number 53060 VILLAGE CHEVROLET 53860 12-May-97 VILLAGE CHEVROLET Totals Check Number 53860 VILLAGE CHEVROLET Check Number 53861 WRIGHT HENNEPIN ELECTRIC 53861 53861 12-Ma> -97 06-M^.y-96 WRIGHT HENNEPIN ELECTRIC WRIGHT KEN*NEPIN ELECTRIC Totals Check Number 53061 WRIGHT HENNEPIN ELECTRIC Grand Total 125.67 149.77 275.44 9.70 9.70 8.63 9.00 17.63 112.081.52 Page 12 Number Date Name Amount Comments Check Number 53856 UNUM LIFE INSURANCE - LIFE 53856 12-May-97 UNUM LIFE INSURANCE -LIFE 2.97 MAY LIFE INSURANCE 53856 12-May-97 UNUM LIFE INSURANCE -LIFE 1.27 MAY LIFE INSURANCE 53856 12-May-97 UNUM LIFE INSURANCE -LIFE 354.10 MAY LIFE INSURANCE Totals Check Number 53856 UNUM LIFE INSURANCE -LIFE 359.04 Check Number 53857 UNUM LIFE INSURANCE - AD & D 53857 12-May-97 UNUM LIFE INSURA.NCE AD &D 0.15 MAY INSURANCE -AD 53057 12-May-97 UNUM LIFE INSURANCE -AD &D 0.64 MAY INSURANCE -AD 53857 12-May-97 UNUM LIFE INSURANCE -AD &D 0.27 MAY INSURANCE -AD 53857 12-May-97 UNUM LIFE INSURANCE -AD &D 65.79 MAY INSURANCE -AD 53857 12-May-97 UNUM LIFE INSURANCE -AD k D 0.15 APRIL INSURANCE - J 53857 12-May-97 UNUM LIFE INSURANCE -AD &D 0.64 APRIL INSURANCE - J 53857 12-May-97 UNUM LIFE INSURANCE -AD &D 0.27 APRIL INSURANCE - J 53857 12-May-97 UNUM LIFE INSURANCE -AD a D 65.79 APRIL INSURANCE - J Totals Check Number 53857 UNUM LIFE INSURANCE .AD a D 133.70 53858 12-May-97 US WEST COMMUNICATIONS 295.91 US WEST CHARGES 53850 12-May-97 US WEST COMMUNICATIONS 87.25 US WEST CHARGES 53858 12-May-97 US WEST COMMUNICATIONS 67.68 US WEST CHARGES 5385b 12-May-97 US WEST COMMUNICATIONS 679.83 US WEST CHARGES Totals Check Number 53858 US WEST COMMUNICATIONS 1,130.67 CORP STOP 1" CORP STOP #426 VALVE KIT STREET LIGHT STREET LIGHT BILL I