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03-25-1996 Council Packet
AGENDA FOR COUNCIL MEETC^G SET FOR MONDAY, MARCH 25, 1996, 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 which may be obtained upon request from the Recorder . ROLL CALL n % 1. CONSENT AGENDA v ^ APPROVAL OF MINUTES * 2. Regular Meeting of March 11, 1996 PARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT ^ 3. #2063 Gerald and Candace Rowlette, 3775 Bayside Road - Variances - Resolution * 4. #2078 Jensen Homes. Inc., 405 Tonkawa Road - Preliminary Subdivision - Resolution 5. #2107 Erwin Smith/John O’Sullivan, 3340 Shoreline Drive a. ) Vacation of Public Road b. ) Conditional Use Permits. Variances, Commercial Site Plan 6. #2117 Thomas McCune, 1473 Bay Ridge Road - Conditional Use Permit/Variance - Resolution * 7. Joint Use Dock License - Big Island Vets Camp - Resolution 4 7A. Waiver Referral to Planning Commission - Moratorium Variance Request b c c -. ' f i “ r „ ^ ImAYOR/COUNCIL REPORT ENGINEER REPORT CITY ADMU ISTRATOR’S REPORT 8. Rcrjii.*-* t^r Expanded Use of Bederwood Baseball Field 9. Voluni-:er Commission Appointments iH 10. Recorder Pay Adjustment 11. Carpet Installation - Golf Course -^llA. Lake Minnetonka Goose Population Management Program CITY ATTORNEY’S REPORT (*12.) LICENSES (*13.) BILLS AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 25, 19%, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA UPCOMING ISSUES AND EVENTS 03/25 - Council meeting 7:00 p.m. 04/01 Commission 7:15 p.m. 04/^-Council meeting 7:00 p.m. 04/09 - School Board 04/15 - Planning Commission 7:00 p.m. 04/22 - Council meeting 7:00 p.m. 04/23 - School Board 04/24 - Highway 12 Policy Committee meeting 5:00 p.m. Orono High School Cafeteria 04/24 - Board of Review 7:00 p.m. 04/27 - Orono/Long Lake Joint Clean Up Day 04/29 - Highway 12 Corridor Selection Open House 6:30 p.m. - Public Hearing 7:30 p.m. High School Cafeteria - Orono Public A ttendance Meeting D ate 3- C ouncil Planning CoMNnssioN Park C ommission Other Please fill out the information requested below for our city records . ORONO Cirv' COUNCIL MEETING MINUTES FOR MARCH 11,1996 COUMc*.h STWq ROLL The Council met on the above mentioned date with the following members present. Council Members Gabriel Jabbour, J. Diann Goetten, Charles Kelley, and JoEUen Hurr, who arrived at approximately 8:30 p m. Mayor Callahan was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Building and Zoning Administrator Jeanne Mabusth, Public Works Director John Gerhardson, and Recorder Sherry Frost. Acting Mayor Jabbour called the meeting to order at 7.00 p m (#1) allocation of CDBG funds - PUBLIC HEARING 7:01-7:08 P.M. RESOA.UTION #3687 The Affidavit of Publication .vas noted. Moorse reported that the public hearing was scheduled to allow for comments regarding the allocation of the CDBG funds. The City will receive $22,000 for uses as outlined in the agenda packet. Kiki Sonnea representative of WeCan Operations, said their organization appreciates the contributions made by the City of Orono. Their organization is asking tor $1. >00, th^e same amount as in 1995 Sonnen reported on the amount of tamiliea that have benefited from their program including those who reside in Orono The organization's newsletter was distributed, which shows the demographics of those who have been served by WeCan Sonnen also noted that their organization has joined forces with Interfaith Outreach in services for Job programs. Jabbour related that the City has agreed to contribute $1,500 to WeCan in 1996. Gerhardson reported that he had heard from Interfaith Outreach today, and they would like to be included in the grant program. Jabbour asked it this can be included in the budget and reallocated. Gerhardson said it could. Goetten had commented that she asked Interfaith's director to contact Gerhardson Moorse noted that if Interfaith was included in the grant distribution, each of the eligible organizations would receive $1,466, The following will receive a portion of the allocated monies from the CDBG Fund. WeCan Operations Westonka Intervention Intertaith Outreach Community Partners Rehabilitation of Private Property - Single Family $ 1,466 1,466 1,466 17,779 Kelley moved, Goetten seconded, to adopt Resolution #3687 approving the following projects for funding in the 1996 CDBG program; WeCan $1,466, Westonka Intervention $1,466, Interfaith Outreach Community Partners $1,466, and Rehabilitation of Private Property-Single Family $17,779. Vote; Ayes 3, Nays 0 ti:*t MLNUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH II, 1996 (^^g^ONSEl^ AGENDA Items #6. 8, 9, and 10 were added to the Consent Agenda. Goetten moved, Kellev seconded, to anorove the Consent Agenda as amended. Vote; Aves 3. Navs 0. APPROVAL OF MINUTES (*#3) REGULAR MEETING OF FEBRUARY 26. 1996 Goetten moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of February 26, 1996 Vote; Ayes 3, Nays 0. PARK COMMISSION COMMENTS Park Commissioner Use had no comments at this time. PLANNING COMMISSION COMMENTS No represcntatK'e of the Planning Commission was present PUBLIC COMMENTS There were no public comments ZONING ADMINISTRATOR’S REPORT (#4) #1958 LOUIS OBERHAUSER. 2405 DUNMOODY AVENUE, 3865 AND 3877 SHORELINE DRIVE - PRELIMINARY SUBDIVISION - RESOLUTION #3689 Mabusth renorted that the boarded structures were burned on March 3. The debris, however, still remains on the orooertv Oberhauser interiected that the debris should be removed this week. Mabusth noted that the remaining residence and detached garage, along with the western access at CoRd 15 or Shoreline Drive and retaining wall on tlie west side, are to be removed before final plat approval. Oberhauser stated that he was in understanding of the requirements. Mabusth said the demolition permit gives Staff the authority to work with Oberhau.ser on the removal of debns. It was llirther noted that the .MPCA requires the foundation to also be removed. Jabbour commented that the load limits begin on Friday of this week. Gerhardson responded that the road being used to haul the debns is a county road and is not restricted. If Dunwoody had been used, there would be a 5-ton per axle limitation. % MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 11, 1996 (U4 - #1958 Louis Oberhauser - Continued) Mabusth reported that she was comfortable with moving ahead on the application. Kelley said he did not believe there was compliance as the debris was not yet removed. Jabbour noted that the applicant is unable to move ahead with the subdivision until final plat approval has been made. Oberhauser said he had no problem with tabling the conceptual approval if necessary. He did, however, have a question regarding the Engineer’s request for a 20* utility easement for sewer. The existing house is less than 1 5' from the side lot line, and Oberhauser would request the easement for the sewer within the 1 5' He was concerned with the limitations on the lot due to it being so narrow Gerhardson said the sewer line was run fairly shallow, and it should probably be all right to work within the 15' Mabusth will have the Engineer review this request prior to the application coming back before the Council for final approval. Moorse noted that the easement is to allow work within the 20' and is restricted to no building within that footage. The setback is 10'. Jabbour commented that the Council was willing to consider a 5' setback as the purpose was to keep the building envelope out of the 75' lakeshore setback. Barrett noted that conditions can be added for the preliminary subdivision review. Barrett commented that the debris removal could be a condition that would be required before final approval Once all conditions are met, then the application will be considered for variance approvals Goetten and Kelley were concerned with moving forward on the application without the completion of the removal of the debris. Mabusth said she was comfortable with proceeding .Mabusth said she will amend the resolution to include either a 20' or a 15' easement dependent on the Engineer's review. Oberhauser said he would like to speak with the Engineer if a problem was shown with approving the 15' easement. Goetten moved. Kelley seconded, to approve Resolution #3689 with Engineer's review of easement requirement. Vote; Ayes 3, Nays 0. (*#5) #2099 LOREN BRUEGGEMANN/DEAN MAESER, 372 WESTLAKE STREET - DENIAL RESOLUTION #3690 Goetten moved. Kelley seconded, to adopt Resolution #3690 denying variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) and Section 11.30, Subdivision 5 (C) and denying a request tor subdivtsion ot the property located at 372 Westlake Street. Vote; Ayes 3, Nays 0. MmUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 11,1996 (•#6) #2105 JOHN AND SALLY MITCHELL LEBEDOFF, IIOI WEST FERNDALE ROAD - RENEWAL VARIANCES - RESOLUTION #3691 Goetten moved, Kelley seconded, to adopt Resolution #3691 for renewal variance. Vote: Ayes 3. Nays 0. (•#7) #2107 ERWIN SMITH AND JOHN M. O'SULLIVAN, 3340 SHORELINE DRIVE - REQUEST BY APPLICANT TO REFER BACK TO PLANNING COMMISSION FOR FURTHER REVIEW Goetten moved, Kelley seconded, to refer Application #2107 to the Planning Commission for further review at their March 18, 1996 meeting at the request of applicants Vote: Ayes 3, Nays 0. (•#8) #2109 TODD SMITH, 1380 ARBOR STREET - VARIANCES - RESOLUTION #3692 Goetten moved, Kelley seconded, to approve Resolution #3692. Vote: Ayes 3, Nays 0. ^*#9) #2110 ROBERT AND JOAN DAYTON, 2465 FRENCH LAKE ROAD - VARIANCES - RESOLUTION #3686 Goetten moved, Kelley seconded, to approve Resolution #3686 Vote: Ayes 3, Nays 0. (*#10) #1630 ALAN G. CARLSON, 3140 WATERTOWN ROAD - REQUEST TO EXTEND PREL IMINARY SUBDIVISION APPROVAL - RESOLUTION #3693 Goetten moved, Kelley seconded, to approved Resolution #3693 granting a fifth e.xtension of preliminary subdivision approval now extending the effective date of preliminary subdivision to April 8, 1997. Vote; Ayes 3, Nays 0. (#11) ZONING AMENDMENT, SECTION 10.20 SUBD. 3 - ORDINANCE #145, 2ND SERIES Mabusth reported that the code amendment was to allow an ice arena as an accessory use to a high school. The amendment was changed per Council's direction of the February 26th meeting to reflect a 50* setback from residential property line rather than 100' as recommended by Staff Also included was the need to demonstrate financial capability by demonstrating at least 80% of projected costs are secured. Mabusth noted that the ice arena application will be before the Plann ng Commission in April for conditional use permit rc' ow. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH II., 1996 (#11- Zoning .Amendment - Continued) Hurr said she was would like to further address the scope of the amendment under the residential zoning. Hurr is in favor of the 50' setback for this particular site because of the planned berming but is concerned with a school in a residential zone being allowed 50’ from a residential property line and would not approve continuing this setback with other projects Kelley was in agreement with Hurr ’s assessment. Hurr moved, Goetten seconded, to adopt Ordinance #145, Second Series, amending Municipal Zoning Code Section 10.20, Subd. 3 (A) by establishing indoor ice arenas as a conditional use accessory to a high school in the "schools" conditional use within the R- 1A One Family Residential District and a further amendment to the code as it relates to schools in residential areas be brought to the Council prior to December 31, 1996. Vote; Ayes 4. Nays 0. Goetten complimented Mark Engebreison on the good e.xample their organization has shown in their fund raising efforts and work with the neighbors and City. Engebretson said he appreciated the assistance and attitude of the Staff and Council. (*#I2) JOINT USE DOCK LICENSES - RESOLUTIONS #3694 THROUGH #3703 Goetten moved, Kelley seconded, to adopt Resolution #3694 through #3703, directing Staff to issue joint use dock licenses to Fox Hill Homeowners Association, Forest Arms Country Club Addition Homeowners Association Inc , Walters Port Maintenance and Improvement Association, Victoria Estates Homeowners Association, Navarre Cove Homeowners Association, Minnetonka Power Scjuadron, Pheasant Lawn Homeowners Association, Sandy Beach Place, Big Island Inc , and Carlson/Gage/Nelson for the period of January 1, 1996 to December 31. 1996. Vole. Ayes 3, Nays 0. MAYOR/COUNCIL REPORT The Council had no report. Moorse commented on the appreciation shown by the Saga Hill Preservation Society for the Council's action on the tax forfeit parcel. Jabbour noted the letter in the local paper from Patti Affeldt of the Saga Hill group thanking the City Staff and Council for their work. ENGINEER REPORT The City Engineer was not present. SSf:- MT!^UTES OF THE REGULAR ORONO CITY COUNCH. MEETING HELD ON MARCH 11,1996 CITY ADMINISTRATOR S REPORT (#13) ORONO BASEBALL ASSOCIATION REQUEST FOR EXPANDED USE OF BEDERWOOD BASEBALL FIELD Tom Hallquist was present, representing the Orono Baseball Association. Moorse reported that the Orono Baseball and Softball Association has asked to expand the usage to three nights a week at Bederwood Park. The current agreement with the association allows two nights per week. Goetten asked if this additional time was for the boys baseball or for girls softball. She was informed that the extra night would be used by the boys for baseball as it is a baseball field. This would open up another night at Holbrook for girls softball. Kelley voiced his strong support for allowing the additional night of usage at Bederwood. Jabbour suggested a de«.ision should be made when all members of the Council were present. Jabbour noted that the Council had entered into a good faith contract less than one year ago, wlticb was negotiated by the Mayor, and has worked to come to an agreement with the neighbors. Jabbour opined that there was a need for a long term plan and solution. Tom Hallquist, who is a girls softball coach, said their organization originally asked for 4 nights per week, which he said was necessary for scheduling of the 90 teams. Hallquist suggested that he would have to tell the association that the City of Orono would not cooperate. Hallquist said the association paid $28,000 for the Bederwood field, has received $20,000 back, and is owed $8,000, yet is only allowed 2 nights usage. Hallquist continued that what had happened last year was now history, and the association will probably come back and ask for even more usage noting that "times have changed". Goetten informed Hallquist that she was in on the discussions from the very beginning. She said she was not necessarily against the additional usage but had thought the usage issue had been resolved. Goetten noted the usage of 4 fields, which excludes the Orono School District fields. She suggested the association look at the needs and ask for the support of the other communities, whose child, on are in the OBA. Jabbour suggested other Orono Parks be considered He said there were other groups who want to use the parks as well. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH IL 1996 (#13 - OB A Request for Expanded Use ofBedei^ood - Continued) Kelley said he disagreed. He felt, even with community growth, the City needs to stand up for the families and their values. He considered the hours of sunlight in a day versus the actual amount of time used by the OBA and did not see that as being a large ponion of the available park time. Kelley said alot of the parking problems at Bederw ood were because of the Luce Line, which he felt could be resolved He said he was in favor of the 3 nights as well as Saturdays Goenen said that was not the issue she was referring to. She said the City was taking responsibility and so should the other communities. Goetten noted that baseball fields were low on the priority li.st in the recent citizen survey. Hallquist said he has been speaking with other communities. He said Maple Plain was providing one more field at Rainbow. He also has meetings with Long Lake and Independence. Hallquist said there were three fields that had grassed infields and raised mounds, which is required for baseball. Jabbour said the needs of children were also found to be the objective w ith the hockey association proposal. He said this emphasized the City ’s backing of the children of the area He is concerned with broken promises. Jabbour said Bederwood is located near the Luce Line and used by many groups during all hours of the day which requires the Council to reserve the right tor others to use the park too. Hallquist said the problem is that the citizens will perceive Orono as not backing their youth. He reminded the Council that the Park Commission had recommended 3 nights usage. Jabbour said there is a need for planning for park usage without having one group dominate a park. Hallquist said he did not think the request was unreasonable. He noted that Maple Plain gave their immediate cooperation to the request for a field. Kelley asked Park Commissioner Use to comment. Use said the Park Commission supports the Orono youth as does the Council noting the provisions made for youth at Bederwood, Hackberry, and other parks. She said the original request came from the girls softball association through Hallquist. The Commission was concerned with excluding other groups They saw the one additional night usage, which was actually intended to be used by the boys baseball, as a temporary solution with the hope that some' hing would be worked out for the ftiture. Personally, Use said she telt the decision put the Council in a tough position as the 3 nights would only be a temporary solution. She noted the difticult history behind baseball use at Bederwood and the resulting broken promises Use said the people in charge should be used as role models, yet deals made are not being kept, w hich is not representative of good role models. MDJUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 11,1996 (#13 - OB A Request for Expanded Use of Bederwood - Continued) Hallquist said the girls softball would love to use Bederwood but the fteld is a baseball field. The recommendation allowed for Bederwood to be used for boys baseball an additional night and Holbrook for an additional night of girls softball. This, Hallquist saw, is two communities, Orono and Loj:n Lake, working together. Kelley noted that Holbrook originally was a baseball field. Hallquist said, as far as breaking their word or contract, he did not see it as being that harsh as breaking a legal document or lying. Hallquist was informed by Goetten that it was a legal document. Hallquist said, "As bad as it may seem, times are changing; groups are growing, organizations are growing." He added, "to break your word or lie, as you want to say; yes, we had to lie or break our word to get an extra field. 1 don't think that's too bad.". Hallquist said their opinions and thoughts have changed to meet the growing needs of the community. Goetten suggested tabling the issue until the Mayor returned and put the item on the next Council agenda. Kelley said he was the Council member in favor of the usage at Bederwood and would not be in attendance at the next Council meeting. Jabbour said the theme was not "us against you" or Orono against children. He noted personal contributions made by Kelley and himself towards the OBA fields. Jabbour said it was a matter of balancing conflicting interests. Hallquist asked if he could rely on three nights at Bederwood and three at Holbrook for his scheduling and was informed that he would have to wait until the next Council meeting on March 25 for that decision. He asked what he was to tell those signing up for ball Jabbour and Goetten were both in favor of tabling the matter. Hallquist said that would send a perceived message, noting the Park Commission approved the 3 nights of ball, and wanted action taken now Jabbour moved, Goetten seconded, to table the decision on the oasebail usage at Bederwood for the upcoming season. Vote: Ayes 2. Goetten, Jabbour; Nays 1, Kelley. Hallquist said this was his third meeting on the issue. Jabbour said he had not seen Hallquist before the Council meeting. Jabbour said the needs should first be considered Hallquist asked to discuss with Council what the needs were. Jabbour said there was a possibility of discussing the issue at an upcoming work session. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 11, 1996 (#14) PART-TIME POLICE OFFICER APPOINTMENT Moorse reported on the recommendation for filling the vacancy for a part-time police officer with Correy Famiok, who has served as a community service officer as well as a police intern. The part-time position will take effect on March 12, 1996, and Famiok has been recommended by Acting Police Chief Cheswick. Goetten asked Moorse if he had spoken with a consultant regarding filling the vacancy. Moorse said he had reviewed the issue of an internal promotional process with a consultant. Kelley moved, Goetten seconded, to appoint Correy Famiok to the position of Part-Time Police Officer effective March 12, 1996, at a starting pay rate of $1 1.54/hr. Vote; Ayes 3, Navs 0. (#15) POLICE RECORDS SYSTEM REPLACEMENT Moorse reported that the change being proposed to the police automated system is similar to that recently done in the finance department The purpose is to save money and increase the effectiveness of the records system The current system would be replaced with LEADRS, using a local area network. The use of this new system would result in an on-going savings and assist in payment of the one time cost of $42,000 along with operational savings. Kelley inquired if this system replacement was in the budget. Moorse reported that it was not but the funds would come from the Improvement and Equipment Outlay Fund and be paid back over a five year period. Moorse noted that the South Lake Minnetonka, Chaska, and Minnestrista/St. Bonifacius Police Departments, as well as another 100 cities within the State and another 150 cities within the Country, are currently using this system. Mound and Minnetonka Police Departments use ENFORCE, which requires a mini-computer and would need additional in-house expertise to operate Kelley inquired if the City would need more than one printer. Moorse said they were purchasing one printer in addition to the 2 currently owned, noting that only one printer was needed for the network. Kelley asked about the cost of consulting for the system. Moorse reported that $5,000 was related to the LEADRS software for training with $2,000 for the data. $1,400 will be spent for on-site training and for area network and support. Kelley asked who would staff the project. Moorse said Chris Miller would coordinate the project as he did with the finance system and previously when he worked for the City of Rosev ille. iMINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 11,1996 (#15 - Police Records System Replacement - Continued) Kelley asked why two different networks were necessary. Moorse said one reason was to maintain the confidentiality for the police department data. Moorse said the server was the high cost item, and the existing server would not work for both systems. Jabbour asked Moorse to check to see ii there is any discount on the cost of software with the current use of some of the programs already within the City ’s computer system Kelle>' asked how he can be reassured that this is the best system for the department. Moorse reported that Chris Miller has worked with several systems at a number of agencies and has worked with network providers to obtain the best price and best system. Ke'.ey asked how the budgeted costs compare with the actual costs of the finance department's system. Moorse said the actual costs have come in at less than what was budgeted. Jabbour asked how the software was chosen and if any generic software was considered. Moorse said Staff obtained several price quotes. When the purchase of the server was made. Staff looked at the reliability factor. Goetten noted that although the system replacement was not in the current budget, the Council did talk about bringing the departments systems together. Moorse reported that the $42,000 up front cost would result in a $70,000 savings over 10 years This reflects the cost to maintain and depreciation. Staff has been conservative with their estimations as they have considered the need for the computer to be replaced in a three year time period. Kelley moved, Goetten seconded, to approve the installation of a local area network in the police department along with the upgrade of four personal computers, and the installation of the LEADRS police records system on the network, at a cost of $42,000. This amount is to be borrowed from the Improvement and Equipment Outlay Fund to be paid back in installments of $8,350 over a five year period beginning in 1997. Vote; Ayes 3, Nays 0. (#16) USE OF RECYCLING COMMISSION BUDGET RESERVES Moorse reported on the update report by Amelia Kroeger, Coordinator of the West Hennepin Recycling Commission. A cost ieduction in the budget has resulted in a $15,000 budget reserve, of which $6,000 is Orono's share There has been a number of ideas how this money could be used. One option is to reduce shares Kroeger suggests setting aside the reserve for when the County's recy cling grant expires in 1999. MINUTES OF THE REGULAR ORONO CITY’ COUNCIL MEE'TING HELD ON MARCH 11,1996 (#16 - Use of Recycling Commission Budget Reserv es - Continued) Kelley moved, Goetten seconded, to recommend the funds be set aside in anticipation of the loss of the recycling grant revenue per Staflf recommendation. Vote; Ayes 3, Nays 0. (#17) equipment purchase public works DEPARTMENT Moorse reported that Staff recommends the equipment purchase of the remainder of the one ton dump truck, the body and plow at this time. Jabbour asked why the truck is bought piece meal. Moorse said, historically, the cab and chassis is purchased through Hennepin County joint purchasing. Kelley noted the need to work with local merchants and asked if they were requested to submit a bid for the bidding process Local merchants are asked to submit bids Kelley moved, Goetten seconded, to award the bid for the dump body and snow plow to Crysteel Inc., for one dump body in the amount of $3,895, and one 9' snow plow in the amount of $2,792, to be funded from the Improvement and Equipment Outlay Fund. Vote Ayes 3, Nays 0. (#18) PUBLIC WORKS COMPUTER LINK Moorse reported that this request is to complete the computer connection between the public works building and the administration building. The fiber optics were previously laid in preparation for this link. Staff is at the point of completing the connection and purchasing the computer to connect to the network. Goetten moved, Kelley seconded, to purchase a computer and the necessary communications equipment, for a workstation link between the Public Works building and the Administration building, from the Public Works Equipment Outlay Fund at a cost not to exceed $2,260 Vote. Ayes 4, Nays 0. Gerhardson e.xpressed his appreciation in bringing the Public Works Department up to date. (#19) PARK AND C\WN iVLAINTENANCE 1996 AND 1997 Moorse reported that the park lawn maintenance contract is up for extension tor turf maintenance. The proposed agreement for 1996 and 1997 is at the same dollar amount as that of 1995 Hurr was informed that the City was satisfied with the work previously done It was noted that this is an existing contract that was originally competitively bid. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH IL 1996 (#19 - Park and Lawn Maintenance - Continued) Hurr moved, Kelley seconded, to approve a two year agreement with Lawn Detailers for an amount of $13,200 plus tax per year for the 1996 and 1997 season. Vote; Ayes 4, Nays 0. (*#20) RESOLUTION APPROVING ALLOCATION OF DAMAGES AND AUTHORIZING PAYMENT THEREOF #36*8 Goenen moved, Kelley seconded, to adopt Resolution #3688 approving the allocation of damages and authoiizing payment thereof Vote: Ayes 3, Nays 0 (#21) APPROVAL OF POLICE SECURITY SYSTEM AND GRANT Moorse reported that this request for approval is for the security monitoring system for the police department- This is to complete the system originally planned but was stalled due to budget problems The conduit was previously installed. What is needed at this time is the hardware and minor wiring. Moorse said a grant was available, which would pay for 1/3 of the system, from the Minnesota Department of Labor and Industry. This Safety Abatement Grant would offset the cost by $2341 . The remainder ot the cost would be paid for by the police department’s seizure and forfeiture fund. $7,000-8,000 would be used for this system out of the current $25,000 balance. Kelley asked how the current cost for the system compares to that previously bid. Moorse said the costs were comparative but a switcher was added, along with an additional quad unit to enable a user to choose one ot four screens tor viewing. Hurr moved, Kelley seconded, to approve the purchase of a closed circuit television system from Floyd Security in the amount of $10,748.00 with funding to come from the seizure/fort'eiture tund (with $2,341.53 to be reimbursed thro* . b the Salety .Abatement Grant). Vote: Ayes 4, Nays 0 CITY ATTORNEY’S REPORT City .Attorney Barrett had no report. (*#22) LICENSES Goetten moved, Kelley seconded, to approve the following licenses Vote: Ayes 3, Nays 0. Special Event Permit Norwest Bank .Minnesota 16th Annual Lake Minnetonka Half Marathon ■May 5, 1996 - Appro.ximately 8;30 to 11:30 a m MINUTES OF THE REGULAR ORONO CITY' COUNCIL MEETING HELD ON MARCH IL 1996 (#22 - Licenses - Special Event Permit - Continued) Annual Fred Kurz Memorial Run On Luce Line April 14, 1996 - Approximately 8:30 to 10:30 a m. (-#23) BILLS Goetten moved, Kelley seconded, to approve payment of the All Funds Account. Vote: Ayes 3, Nays 0. ADJOURNMENT Goetten moved, Kelley seconded, to adjourn at 8:50 p.m. Vote: Ayes 4, Nays 0. Gabriel Jabbour, Acting Mayor ATTEST: Dorothy M. Hallin, City Clerk REQUEST FOR COUNCIL ACTION ^5 1996DATE: MarchITEM NO.:/Department Approval:Name Jeanne A. Mabustb Title Building & Zoning Administrator Administrator Reviewed:Agenda Section:Zoning Item Description: #2063 Gerald and Candace Rowlette, 3775 Bayside Road - Variances - Resolution Zoning District: LR-IA Lot area = 38,960 s.f. Brief Review of Application Applicants propose the reconstruction of a lake side deck that is deteriorating and needs to be replaced. The deck will be replaced in the exact footprint of the original one located 58' from the shoreline. The entire deck is located within the 0-75’ setback area proposed at 423 s.f. The original deck received variance approval in 1976. At the March meeting of the Planning Commission applicants were asked to consider removal of landscape areas underlain with plastic to offset excesses of hardcover in me 0-75' (4.04%) and 75-250' (31.1%) setback areas. 175 s.f. of landscape area underlain with plastic exists within the 0-75' and 838 s.f. exists in the 75-250' setback area, refer to Exhibit D-2. Applicants advised the City that their property receives excessive runoff at greater velocities ever since Landmark Drive was installed immediately north of their property. Major runoff drains over the northwest comer of the property to the lake. Landscape area at the most western part of the property is underlain with plastic and helps alleviate potential for erosion. Staff contacted Dave Zetterstrom of the Hennepin County Department of Transportation to review the local watershed and impact on existing facility. Zetterstrom found the normal runoff from snow melt to be contained along north side but did add that during heavy rainfall the property would sustain the runoff from Landmark Drive. He advised applicants they may consider installing a 1' high berm within the County right-of-way. He added that the County would not approve of any tree plantings. Applicants were advised to contact the County directly to discuss any improvement plans within the County right-of-way and to obtain the necessary permits. ^C:Request for Council Action continued ’‘"^ch'^^996 Zoning File #2063 __________ Tte applicants agreed to remove landscape area underlain with plastic to the northeast side of the residence. Refer to Exhibit D-2, 660 s.f. of hardcover would be removed out of the County right- of-way but ha^ no impact on hardcover facts within the 75-250’ setback area. The area is maintained as applicants' yard and if plastic is removed, the area would be available for greater absorption of runoff. The applicants also advised that the landscape area to the immediate west of the house was not underlain with plastic. Staff has asked Gafffon to confirm his findings at the time of his inspection of the landscape area. He has reconfirmed that he found plastic beneath the landscape areas so hardcover remains as originally determined at 838 s.f. within the 75-250 setback area. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the variance application as proposed subject to the following conditions: 1.Applicants shall remove approximately 660 s.f. of plastic underliner within the right-of-way as shown on Exhibit D-2. 2. If applicants propose installation of berm within County right-of-way applicants must first obtain permit from County Department of Transportation. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution. Applicants have advised that they are not able to attend the Council meeting of March 25th but have advised that their contractor Daryl Carlson will attend in their place. 1 1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (B) AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.56, SUBDIVISION 16 (C & L) FILE #2063 WHEREAS, Gerald R. and Candace E. Rowlette, husband and wife, (hereinafter ••the applicants”) are owners of the property located at 3775 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A attached, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City tor variances to Municipal Zoning Code Section 10.22, Subdivis ons 1 (B) and 2; Section 10.55, Subdivision 8; and Section 10.56, Subdivision 16 (C & L) to permit the reconstruction of a deck to the lake side of the existing residence to be installed within the exact footprint of the existing deck located 58^ from the shoreline where a 75’ setback is required resulting in 423 s.f. of new hardcover improv’ement where no hardcover is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2063. The property is located in the LR-IA. Single Family Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of 38,960 s.f. Page 1 of 6 3.The Orono Planning Commission reviewed this application on March 18, 1996, and recommended approval of the proposed variances based upon the following unique findings and hardships: A. The deck is deteriorating and cannot be used by applicants in its present condition. B. C. The deck will be replaced within the same footprint as the existing deck. In 1976 the applicants received variance approval tor the existing deck that was to be located 2' closer to the lake than the deck that was constructed. D.Hardcover within the 0-75’ setback area will remain at 4.04%. E.A landscape area underlain with plastic located within the County right- of-way shall be removed. This will result in the removal of approximately 660 s.f. of hardcover. F.In a 1988 variance application, applicants removed 146 s.f. of cement patio within the 0-75’ setback zone. G.During heavy' rainfalls the property receives major runoff from the developed properties to the north. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that wanting the variance would not adversely afreet traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary' to preserve a substantia property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 J r D.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono Cit>’ Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2; Section 10.55, Subdivision 8; and Section 10.56, Subdivision 16 (C & L) to permit the construction of a deck within the same footprint as the existing deck and grants a 17' or 22.6% lakeshore setback va- ice and hard<'over variance within the 0-75' setback area of 4.04%, subject to the followinc conditions: 1.Applicants shall remove landscape area underlain with plastic at 660 s.f. in area located within the County right-of-way as shown on Page 7 of this resolution. 2.Applicants are advised that if they plan to install a 1' high berm within the County right-of-wa> that such improvement plans will require approval and a permit from the Hennepin County Department of Transportation. 3.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 25, 1997). 4.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatica'ly terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 6 i u«r.n^ilT.TJ r 5.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of March, 1996. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day ot March. 1996. by Edward J. Callahan, Jr. & Dorothy M. Hallin. Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Citv. Notary Public Page 4 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of and for said county, personally appeared A * j , 199_before me a Notary Public within known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this dav of , 199__before me a Notary Public within and for said county, personally appearedItUiVA ,.7 vy . .................... ■■ ' " ~ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 7 • iaAiiMiiI. «li 1 -•YfKiirt 'r't'.' »<Car 11 rlento of atJrvoy:I horoby oortify thnl IMa Is n in:-i unJ coitocI * - rcpix)aQnUit.l:>n of :i nnrv’oy oi* Iho lx)\m<hrlf)3 of (A)l^.ta 5, 6, 1, B, 13, 15, If , 19, 20. 21, 22, ?.3, and P4,Uttovillc Oi, L>j'<n r.lnnotonkn,KXCiil''i‘ tint ,iart t;f 3>;ld l.ot:i 15, If, 19, 20, .H, und 22 l/liui Sfaitharl;* of n linn driiuT. |>urallcl ultli and 30 fo.it lorthnaaturly , i.-.ct)narml nt rli-ht iiraylo! , Iron r. llr.o hornliin.'tar ra.v;vr«i.! to i.r. "Uno IV, aald "blnn 9" U^ln. dancrlUK* ac rol.rvuj Co: Jf.-nolni: at Iho horthwost cornor of tho Scutl aabt quartar of tha Hortl.wojt «i\vivior ol ^:n- tlon 5, To,mahl:> V17 Horth, Ivinro 23 Vksat ol' tlai 5th .'rlncinal llorldlan; tlioneo ^Jca.th alonr the 'i03t lino of said :k>i.the,.st qrartar of thn i:c>rthua..t .,mrlor n dl itonre of ?34 foot; ^hen,.n deflecUni'. rlK»-t donrccs n dlcU.ncu o. ;0 [oot to n.c ,"' ni or i,;rir,.ior or "Mno ir, u,.,„oo doriooiio,.- i.,ri M do„.o.„ lo ihu so.,ih- crly oAoonlon of Iho i-h.St 11.,o of sol.l hoi U, »..1.1 “hlno h” Ihoro on.Un, ; (B) ■nmt port of Ij.ko VI.™ Avon.io .ind U.ko Stroot oo do.lloil.i.1 f''i'lh^°!'i™.c'. “ool of foUoosi Comonclnt ol tho |■ol■th.^■..il oolncr or".'Ma .•orlhoc-t o.iol'lor a dUlur.co of U'«).20 fooll Ihonoo tho 51!' I'rioclikil l;orldloiii Ihonoo :k>.ilh nlonr d r... t'o Ih', .,cli.l"c,'^hoi li,nlii| of „ Uno hornliwllor rofori-ml lo dotl.otlnR lofl 64 d«r.r-» « ^ o , : H - of 1™> ?Ul, Ihonoo olonf n l.,nf .nUol ns "Uno A"j thenro dofloitlnn rl|.l>t l™f doin-oes olon; -nl > • , -jm n-lnuLci a dl*i"ineo of 1%.35 1 Ihoncs curve to tho left h.avlng a radiu. of 5C0 foat am! central onr.l.^ of 22 ‘^'-9 reos 3C mln U Lvlni^ radius of Wastorly Unnonl to said ciirve a distance oj ^ ta»i|>er.t to IneUsald curve to a 300 feet and conlral anylo of 45 dogreos a distance of 235.f>2 feet, thonrc ' .... ^,^^0 ondlnn, point on the V/eU Una of the Couth-aat cuarter of said Horlhuent iMu.rter ^ said ondlnr point holnr the ,.olnt of l.Mtlm.lnr of of Cttovillu on hake-', to Its Intersection uUh tho llcrtherly oxUnalon of t.-.e j,, vieu AVvjnuo; thence Uoutli- ItinnQ tc n'<ij • ihonro IiO\it.h<jr ly nlonf' inld northerly extonolon to tbn »>c\it »i-r . , , ni i iVi nXmtt nnirl Pifli. ro"r.ri'ni:t-rtio'n-ur:=,rn irmSi r «u“Tir.^»r6 -u. ff sirTiSi ::zroriXn\™.r::,r4.rno uS o,- uk. street, and said "l.lnu 11" tliero ending, ..im, uiH, r-uld Heat line of U.o Southeast qwirter of tho llorlh- pionco Northwesterly alon,7 e»;ld virallol lln'» to its In i,rlinlni’ li,(rr‘‘’T that part of onld nbo'-o-dooorlhod property';r„r3rf:Si “sl'S;-~ rnnllirrH^hr^Sirin^r.;- (n) Th.l rarl of iho llorlhooBl i|,mvlor of U'O nouUiuonl nnorloi of ''“'[^^^^Jrti^'^.ororro'l in no "Lino *" ond Horlhr Bo-;,., 23 kool of Iho 5th no »" ™‘:; "Uno h" ulnl, ,loocrll-d on foUo-0. oosiorly of a line hareinaftor referred to ns Una 3 , , ‘ r t\ »tr...ihuArt muirtor of tho llorUiueat onurtorj thsnce . Coinoonclnd ot Uio Northeast cerner of sold tho Southuast'quarter of tho llortliuoot (luartcr a dlaUncs of 234 feot South olonc tho East lino of sold lorthecst quart r • . jg-^eoa a dlstunc^i of 90 foot ts o point, ond Bold to tho point of beirinnlnr of sold "l.lno A"; ihonco ^ J thonco doriocUnB l«ft M docress to Bold Mklne A" thoro ending, sold point lieln;! U.o point of beeinning of bold Une 13 , Mionco i u East line, ond sold "Lino B" Ibora cndlnR, n i nnd "tO fnat Horthoostorlyi mOBSUrad at rightKXCB-vr Uiot r«rt thereof lyln.r SouUu.ootorly.of-0 lino drawn pemllul with ond 30 fael Northoosroriy, mo M-l O (d 04 DAUD' t Vila U |44| VllUIVlwfc ----- ------ —w- - -- /V 1 unifleor from sold "Uno B", oubjad to on existing ? — ■■ ■ ■■ ... • ^ ...................... ' - ............. -• • •• •• V. Uf/T*»5»' • ^r.-r.»wv mmmM Wi^mr. b ^^'-sjB H 6 TO:FROM: DATE: Chair Peterson and Orono Planning Commission Ron Moorse, City AdministratorJeanne A. Mabusth, Building & Zoning Administrator March 11, 1996 SUBJECT: #2063 Gerald and Candace Rowlette, 3775 Bayside Road - Variance - Continuation of Public Hearing Status of Application At applicants' request, the variance application was tabled by the Planning Commission at the September 18, 1995. The application was to be tabled until applicants requested rescheduling before the Planning Commission. The Planning Commission Action Notice of September 25, 1995 advised of applicants concerns regarding drainage issues and problems dealing with their residential property. John Gerhardson and Jeanne Mabusth met with the applicants to discuss these concerns. Applicants advised that since the installation of Landmark Drive their property has received more intense runoff at greater velocities from the properties to the north. They are concerned that if City requires the removal of the landscape areas with plastic underliners w ithin their street yard that lower level of their residence would be flooded. They noted obser\'ing heavy drainage collecting now at the northwest comer of the residence w here the> had never observ ed drainage retention before. Staff advised that they would be in contact with Hennepin County DOT to discuss the problems and to determine what improvements could be done on either applicants' property or County right-of-way to reduce flooding hazard. Dave Zetterstrom of Hermepin Countv- Department of Transportation has inspected the propertv’ and advised on Monday, March 11 th, that drainage was staying on the north side of the property and draining either to the east or the west along the north side of Bayside. He noted that the center line of the County Road was drv' but also noted that in heavy rainfalls that some drainage could possibly flow over the roadway onto applicants' property. He recommended that a 1' high berm could be installed within the area of the County right-of-way as a means to direct runoff to the west and ease on the south side of County Road. Applicants may also consider installing a blacktop lip or curb within the paved driveway. Members are asked to review the enclosed packet prepared by staff for the September 18, 1995 meeting. Applicants' lake side deck has deteriorated and must be replaced. The deck will be replaced within the same footprint as the e.xisting deck. The original deck received variance approval in 1976. In a 1988 variance review, applicants were required to remove approximately 6'x20' of grade level patio to the lake side of the residence in exchange for the City's granting hardcover and street setback variance for a sunroom addition at the north side of the residence. This removal has been completed. Zoning File #2063 March 11, 1996 Page 2 Applicants have not provided an addendum to application regarding their concern with being asked to remove plastic underliners beneath landscape areas. Mr. and Mrs. Rowiette will relate their concerns at your meeting. In order to allow the replacement of the deck. Planning Commission members must address the need to grant a lakeshore setback variance and hardcover variance within the 0-75' setback zone and to determine what specific hardcover removals are to be reejuested, it any, of applicant as a condition of this approval, refer to staff memo of September 7, 1995. Options of Action 1. 3. 4. To approve deck replacement with hardcover removals - Planning Commission members to specify. To approve replacement with no hardcover removals. To den\ replacement of deck as proposed and recommend reductions in deck area proposed at 423 s.f. Other. Any recommendation for approval must include notice to the applicants that if land alterations (1* high bem) are proposed within the County right-of-way that permits must be first obtained from Hennepin County Department of Transportation. From: Date: Subject: 'I'q. Chair Steve Peterson and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gafftx)n, Assistant Planning & Zoning Administrator September 7, 1995 #2063 Gerald and Candace Rowlette, 3775 Bayside Road - Variance - Public Hearing 7„ning District: LR-IA, One Acre Single Family Lakeshore Residential. Two Acre (Sewered) Application: Request for hardcover and setback variances to reconstnict existing deck within 0-75’ setback zone Pertinent Code Sections 1. Section 10.22. Subd. 1/Section 10.55, Subd. 8/Section 10.56, Subd. 16 (Q - Required lakeshore setback = 75’. 2. Section 10.22, Subd. 2/Section 10.56. Subd. 16 (L) - No hardcover allowed in 0-75’ setback zone. List of Exhibits A - Application B - Plat Map C - Property Owners’ List D - Survey E - 1976 Deck Plans F - Hardcover Calculations G - Resolution #2492 (1988 Approval) H - 1976 Approvals Pertinent Facts 1. Existing deck is located 58’ from the shoreline at its closest point. 2. Existing deck was constructed as part of an addition to the house in 1976 pursuant to variance approval (see 1976 construction plan). Deck was constructed at a 10’ rather than 11’ 9" depth shown on the plans. The deck is deteriorating and needs to be replaced. Applicant proposes to replace the 3. 4. deck in kind. Zoning FUe #2063 Sq)tember 7, 1995 Page 2 5. Hardcover in the 0*75 ’ zone is 4.0%, comprised as follows: 6. 7. House Deck Patio Rock beds with plastic Retaining wall 434 s.f. 423 s.f. 170 s.f. 107 s.f. 8 s.f. 1,142.s.f. (4.04%) Hardcover in the 75-250 ’ zone is 31.1%, of which 7.8% is landscape beds with plastic or fabric. Applicants received a variance in 1988 to construct a small sunroom on the street side of the house. That approval required removal of a 146 s.f. portion of the concrete patio on the lakeside of the house. That portion was removed. Discussion The existing deck was constructed almost twenty years ago per previous City approvals, and applicants propose to replace it in kind. It was noted during the 1988 variance approval that applicants had never removed the 20’ x 20’ concrete slab at the walkout level, which they had agreed to in 1976. As pan of the 1988 variance, applicants were required to remove Uie southerly one-third of that slab, but were allowed to keep the remaining 14 ’ x 20’ due to an ice build up problem in that area (see documentation from 1988 and 1976 variances). Per City policy as recently reiterated by the City Council, excessive hardcover contained in plastic or fabric-lined landscape beds should not be considered in variance applications. Council’s intent is that applicants be required to remove such excesses as a matter of course. Therefore, the rock and plastic in the 0-75 ’ zone (adjacent to the west end of the house and in a small part of the free-standing rock bed west of the house) should be removed. Although no work is proposed in the 75-250 ’ zone, arguably that rock and plastic should also be removed. There may be justification to not remove the rock and plastic adjacent to the house where it serves a drainage purpose, but the free-standing rock beds (portions of which are not included in the calculations because they are in the right-of-way) could be made non-hardcover. Issues for Consideration 1. Should additional portions of the concrete patio be removed? 2. What portion of the rock and plastic on the property should be removed? Zoning FUc /jf2063 September 7, 1995 Page 3 3. Does Planning Commission have any concerns regarding in kind replacement of the existing deck ("in kind" is intended to mean replacing it in its existing footprint and configuration)? 4. Any other issues? Options for Action 1. Approve deck replacement with certain hardcover removals (specify them) 2. Approve replacement with no hardcover removal conditions. 3.Table. 4. 5. Denv. Other. 1 m CITY OF ORONO - VARIANCE APPLICATION 9 O Initial Application Fee $200.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from criginal application) Variance for non-ccrJonning structures $200.00 After-the-Fact Fees (Double application fee) % ..-9 ‘..a PROPERTY INFORMATION ^ Site Address '7 7 ^ E Property Identification Number (P.I.D.'^rroneiTy lucmuw-auvju v*---------------------------------------—------------ Attach legal description to application if not induced on required survey. Date Prppeay^Acquired_____ ----( i : ^---------------------- I (dolf^o not)>lso own the adjacent parcels or land. PreseV^g^fproperty: presidential -----other (speciry).-------------- Zoning District:------------------------------------------------------------------- (month/year) Phone (home) V7 5~-V/COAVT r nUuC yU^l-Liwy j / ^ / f XddreM^: ^ ~7 7S <//?-t-/Zd ^‘0"--------^ OWTSTIR (if different than applicant) Name ____________________ Phonahorae) Phone (work)_ Address:Citv:Zip: DESCRIPTIO.N OF REQUEST Esiimai^Consimcuon Cost $ , f' ffc), O O Describe request in detail:_____^---------------------------------------------- (attach additional sheets if necessary) VARL4NCES required Lot Area ___ Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) ‘^■^cn“fundue‘S^P ^ conditions preventing compliance with Zoning Code requirements: (attach additional sheets if necessary) 1.* ' . • V —r •; REQUIRED SUBMITTALS If „f ,K. inf.r^«inn mua bf <i<ihn.in«j tv the appIMti^n dwrfline date in ordg fnr vour application to hg considered complete; 1. 2. 3. 4. 5. 6. 7. 8. 9. C^M'prope'l!^X"nen Us. of owners wimin 150' (you must obmin ^s Us. from Hennepin Countv Department of Finance. A-603, Govt Center, j48o2/l). calculations as required. In addition, provide one ( ) P> ?opo“ survev (existing and proposed elevationsUf any ctanges in exis.mg grade areVoposed. In addition, provide one (1) copy 8W x ‘‘^ Sketches or plans of floor & elevation views (provide one (1) copy Sii x 11 ). LhtofUie legal names (include manul stams) of all persons with an mteres m die property Tins would include name(s) of applican.(s) if not current owner(s). L an addendum to this application, please attach a separate list ol any other pers vou wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please ^member that your voHnnrP nnolicptinn is not complete if the above information has not beejunchi^ T^e**appl^am here^^aeSrio provide all information required or requested by the Zomng agree^s to pay additional fees (staff time not covered by onginal fee payment) " c^ e.xpenses'incurred in review of this application and certifies that the information supplied is true and correct lojhe best of his/her knowledge. Applicant’s Signamre A 'fljCdjPate The owner herebv acknowledges and agrees to this application and further authorizes fo^sorab ^trv onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and venfication of tlus request. Owner’s Signature Date AoDlicani must have aU submittals into the City offices 25 days before the Planning Commission Meetina Planning Commission Meetings are held on the third Monday ot each tn ■ Meetmg. rioiuiiias ^ ______Plnnn n<» Commission< must be present at all scheduled review meetings oi me riaiumig ini Council If an applicant is unable to attend a scheduled meeting, please make arrai^ements “tave r^thotSed^en. anend in your place and to advise Use Building & Zonmg Olfice of this change prior to the meeting. 8 Rrwi t PROP AOOR OltCR NAHE TAXPAYER NAME/AOOR PROP AOOR ONNER NAME TAXPAYER NAME/AOOR O" PROP AOOR 0»«CR NAME TAXPAYER NAME/AOOR 38 05>117-2S 21 0005 03780 8AYSI0E RO D J FARR HOMES INC 0 J FARR HOMES INC I140B BOTH PL N PLYMOUTH m B5A4218 05-117*21 2J 0036 00038 AOORESS UNASSIGNEO LANDMARK OR HOMEONNERS ASSOC LANOMARK OR W)HEO»OCRS ASSOC C/O LEE C HARREN 178 LANOMAIK DR LONO LAKE Ml B5356 SO OS-117-23 24 0100 00038 ADDRESS UNASSIGNEO SAC 6AR0INER STEVE GARDINER 3770 BAYSIOE RD LONO LAKE MN 55356 38 05-117-23 24 0103 00030 AOORESS UNASSIGNEO SAC GARDINER STEVE GARDINER 3770 OAYSIDE RO LONG LAKE MN 55356 38 05-117-23 24 0112 00030 AOORESS UNASSIGNEO HENNEPIN FORFEITED LAND HEFMEPIN forfeited LAfffi HEMCPIN COUNTY PROPERTY INFORMATION SYSTEM property omcrs list38 05-117-23 21 0020 03750 OAYSIDE RO JOHN A MARY JANE BURGER CHRISTINE A GARY VALERIUS 3750 OAYSIDE RO LONG LAKE Ml 5535638 05-117-23 23 0037 00255 LANDMARK OR mark L a KARENA S CASEY MARK L a KARENA S CASEY 4320 ENCHANTED DR mound MN 55364 38 05-117-23 24 0101 03770 BAYSIOE RO SAC GARDINER STEVE GARDINER 3770 BAYSIOE RO LONO LAKE MN 55356 38 05-117-23 24 0105 00038 ADDRESS UNASSIGNEO HEMCPIN FORFEITED LAND CITY OF ORONO DRAINAGE A CONSERVATION ‘ 5-18-90 ST DEED 8173561 38 05-117-23 24 0115 00038 ADDRESS UNASSIGNEO HEMCPIN FORFEITED LAND CITY OF ORONO PARK 4/13/79 ST DEED 156753 r • 9 o; J • a (p ^ PROP AOOR OMCR NAME TAXPAYER NAME/AOOR 38 05-117-23 24 0119 00038 AOORESS PEM)ING JOHN A MARY JANE BURGER CHRISTINE A GARY VALERIUS 3750 BAYSIOE RO LONG LAKE MN 55356 nv •• •• TOTAL BATCH 503 00016 REPORT NO. PI43B401 PAGE 838 05-117-23 23 0035 00038 ADDRESS UNASSIGNEO DIANE EVANS ET AL mark a CARENA CASEY 255 LANDMARK DR ORONO Ml 5535638 05-117-23 24 008200038 AOORESS UNASSIGNEODANIEL P CAHILL MIS DANIEL CAHILL 224 N STH ST OELAVAN HI 53115 38 05-117-23 24 0102 00038 ADDRESS UNASSIGNEO SAC GARDINER STEVE GARDINER 3770 BAYSIOE RO LONG LAKE MN 55356 38 05-117-23 24 0111 03775 BAYSIOE RO G R A CE ROHLETTE GERALD L ROHLETTE 3775 BAYSIOE RO LONG LAKE Ml 55356 38 05-117-23 24 0116 00038 ADDRESS UNASSIGNEO HEMIEPIN FORFEITED LAND CITY OF ORONO CONVEYED 2/8/82 ST DEED 161148 'A n N * . J'. • « •* ; • • r • • . • .-1 ' I . • * V . ■ , f *1 . . v-r •, h i v-*s • ’( * V V* y . -'A ■' O # I7«. 76 S ^ t*i M tg- sro ^*'4^ a?. • **•*•*• # 1 (12) <? N/tT»» 11. 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' • > .• niT -“TnIhii' N vP k a 'VA ■ RKinr. 1^ = - - r II ---------I 1ii— i: -. IWT ■LBVATiOM r • • i'' ¥ n i jkUy^Vl^^ TBbi- * ^ ^ • i 1"' i* ' 5 .iM&-«ppp. - >.?fr ^rfMCP frY<»w-*r*C|L,M.T: f^cviPE. z‘ FlMmrti ►a- vU^\*Zor*l>V- fVtpcaOp TF«ii MU pH iHMU Frvs W *.• C^pAlfc fuUSM > ‘ .. ■- ',■>•.,• •t^tru\L Cw-^r . '. <^^;l:i»Hk^•a ii\\s ; V-t , * •'4'^ . ■»A •*. .'■< X-vnr-. ‘‘I’.'l .•'#**. c ,!J"^.-. .1 'w'*" * 4* I £ .1 tfr ' k » ''X k r- •>;o 'ki R^wlSTtE hardcover CALCULA * SETBACK ZONE: (CIRCLE ONE) EXTSTTNC HARDCOVIfn IN ZONE A. House _______ 2S-.500! I Lxflftli WidUl Alp RAP DOCK- B. Garage C. Driveway X X X ■5T^ m,5oq* I ^T^*-lMo-looas^.' O O ^ ^3^ S»: ( /23/ j s.F.€'xcu4Ho ^ , S.F. r b9 ) s.F.€‘jfct*^/«) • •«# • »« • • • • •• • •• • ft • ♦—1 • • •• D. Sidewalk E. Pado/Deck F. Landscape ' Underlain By Plastic. Or Fabric WOOO X X X X X X X X X 423* P^TfO s.F. S.F. S.F. S.F. S.F. S.F. S.F. \01 'J_ S.F. __S.F. S.F. /8>8 s.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE //<2 •r B 2 X 100 - //4Z s.F. za.zso± s.?. 4, 44 %tO PROPOSED HARDCOVER IN ZONE A. House ___________ ~ * Lcngih Width B. Garage C. Driveway D. Sidewalk E. Patio/Dcck F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X G. Other _S.F. _ S.F. _ S.F. _ S.F. _ S.F. __S.F. _ S.F. _ S.F. __S.F. __S.F. ■ S.F. S.F. S.F. S.F. S.F. TOTAL hardcover IN ZONE total property area in zone •A" - * __________________ • •• • *9^. •• • • • • •MMMia . S.F. " S.F. B X 100 - % A B D . .1 • •• •. . j4 r ■ti >» i dflwcf tT ^ hardcover CALCUL/Vpi^ * SETBACK ZONE: (CIRCLE ONE) 0-75’ 25-500’ A. House ___________— Lt6gA Widih X X X I, B. Ovate C. Driveway • • • i. X X • • D. Sidewall;X* X ' • • » E. Patio/Dcck X X F. Landscape Underlain By Plastic. Or Fabric .1 X X G. Other P^O Z6 2.6 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE • A ^ J ^ X 100 ypnPDSFD hardcover IN ZONE A. House _____________— ^ Lcngih Width X *• X • X ■i«• B.Cvage c.Driveway • •• .t D.Sidewalk ¥ ^ 1 n E.Paiio/Deck 'ifcr i •> F.Landscape Underlain •By Plviic •h Or Fabric X X X X X X X X X »•« H « • « ••Mtfit G. Other total hardcover in zone total PROPERTY AREA IN ZO^NE ^ A ___________— 500-1000 1703 s.F. -S.F. _S.F. S.F. S.F. 610 s.F. S.F. IA9 S.F. S.F. S.F. .S F. 515 S.F. S.F. S.F. Z S.F. 3?27 s.F. f0.-7to r s.F. %0O S.F. s.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. •S.F. "s.F. " S.F. S.F. A D a. 100 - S.F. ' s.F. "* r* A D •• •* 14 .1 ! - I 1- - CITY I I II ORONC^ City of OROIN O RESOLUTION OF THE CITY COUNCIL NO.2492 A RfiSOLOTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) AND SECTION 10.22, SUBDIVISION 2 PILE #1314 WHEREAS, Gerald & ^^®37 7S^BaysiTe^Road .......... Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicants to ’^ p^er^mft^the to Municipal Zoning Code Section • ' j^^gting residence, to be located construction of a sunroom addition to the setback is normally 19. from the street lot line where a 50 street 2 to allow required, and a frthe troperty'where 0-75'^' l^keshore setback zone where no hardcover is normally allowed. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1314. 2. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District. the following findings: A) The proposed sunroom will extend no closer to the street than tLe winl wllls and roof line of the existing house, but will merely fill in an existing indentation in the house. rl^ tpho area where the sunroom will be constructed is ®ii hirdcSve^ir b7 decorative rook bed with plastic sheeting underneath. C) The proposed sunroom addition will not have any effect on the character of the neighborhood nor will it encroach upon any neighboring views of the lake. Page 1 of 4 L City of ORONO CITY OF ORONa RESOLUTION OF THE CITY COUNCIL NO. 2492 D) The applicants were granted a variance in 1976 to construct major add^itions to the house, which were approved at conditioned upon removal of a 20'x20' concrete patio on the lake shore side of^the house. That patio has never been applicants' hardship in needing that patio or a p . j relates to ice build-up and winter access to the house in conjunction with his existing wooden deck. The existing concrete Slab is in three separate units, and the southerly portion can easily be removed without causing damage to the remaining poriiL. ThYs will result in a 146 s.f. reduction in hardcover in the 0-75' zone. E) Although the total hardcover on the property is less square fLtage thfn would be allowed within the T5-250' zone the fact that a significant portion of that hardcover is J''® Jl 7= is ancle justification for reduction of 0-75 hardcover, especially^ in this case where that hardcover was previously recjuired wO rsinoved* ^ind?n%'^in"d ^ecSmL^S^!irs%^"“V orth\“c-rn^tr 5 The City Council finds that the conditions existing on this croperty arJ peculiar to it and do not apply generally to other croperty in this zoning district; that granting the Aversely affect traffic conditions, light, air nor pose a or other^danger to neighboring property; would not ";®^®\y ! convenience to the applicants, but is necessary to alleviate a demon strable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono rii-v Council hereby grants a variance per Municipal Zoning Code Section ?n^23 Subdivision 6 (B) to permit the construction of a sunroom addition i from the s lot line where a 50' street yard setback is normally required, and grants a variance to Section 10.22, Subdivision o 2l?J)w additional structural hardcover on the property when a ^J^nxficant portion of the existing hardcover is in the 0-75' lakeshore setback zon , subject to the following conditions: Page 2 of 4 CITY OF ORONQ>J City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2492 _ Existing House = Existing Attached Garage = Existing Driveway = North 2/3 of Existing Patio = Existing Deck Not Over Patio = 1. The apFlicants no buillinrF^ni’t Vor the sunroom shall be issued until the concrete patio section has been renoved. 2. Hardcover on the propercy is allowed as follows (in 0-75* and 75- 250' zones): 1,509 s.f. 552 s.f. 552 s.f. 263 s.f. 329 s•f• Existing wilkwiji &'Rock”Beds Underlain by Plastic - 615 s.f. Sun Room Addition = (over existing hardcover) _ _~~_ _ _ _ TOTAL 3,820 s.f. (per Exhibit B, attached) The acclicants are advised that the maximum allowable hardcover on the trtperty ts 4,8 50 s.f., and that no additional hardcover will be allowed in the 0-75' lakeshore setback zone. 3 Authorities granted with this resolution run with the property not with thf “p^llcants, but are permissive only and must be ex«=i«d by acDlication for a building permit within one year of , Council approval, or this variance will expire on that date (September 12, 1989). 4 Violation of or non-compliance with any of the terms and rsonr^it-ons of this resolution shall constitute a violation of the zon?i^cSLf shal l automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. *; The undersigned applicants have read, understood and hereby agree lo the t^rms”/this "solution and on behalf of themselves, therr heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of September, 1988. CITY OF ORONO> city of OROtNO RESOLUTION OF THE CITY COUNCIL NO. 2492__________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this I ^ ^—. , — ard saiT'^ounty^ personally before me ^ Notary Pud lie —-- known to me to be appeared L the foregoing the person(s) described he (they) executed the same as instrument, and acknowledged that he ttney, his (their) free act and deed. 198 7 ■''N C.i.? . S'^cT-nSON M-iESOIAuo'• • MY Cl • t >.MY i iWWVM STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this .4,,, f 198_, before me On this -—:- -^-rrr~U fnd^for said County, personally appeareda Notary Public within and for said to be the pe^^Ts^eso^n^^ (their) free act and deed. notary public MY COMMISSION EXPIRES Page 4 of 4 r-KiTrw»rt»|LiArliC‘.it:»*-^r>i.''i-T’'I i • ^ rT.««rtkv*-' Cortiric«t-Q of :5\irvoy:I horol.y cortlfy thnt t'da is n iro-i unJ corrocl rco:^sent,-.Uon of •. r.i.i^ay of Iho l^oim InrL's of lA)U.to 5, 6, 7. R, 13, U, V), 20. 21. 22, 23, and 24,Ottovillc on L‘i'<n. rinn»^t,onkn, . . KXCii'’r tt»nt art t f 3-ld l.ot;; I'j, 1^, l'^^, 20. 21, «n.l »-*- lyinc Southurl- of n linn ^rMur. ?«mUel with nn.l 30 fu.t Korthnantorly, I'.C'IC f.t, rlKlit Iinrln* , fron n Ur.,* nor rinii't.n roT. rnn! to »,r. '"InnTr iold "i.ino l-oin. <-!fli>rrU>nv'. 'ol rust Oc, Jfiirlnc ut Lha .V„tI, Monr u" w'at Un. of 3.,1,1 ................ or l„o rorC.o.ot ..m.-l-J ‘“ iT'^r r r^ nTc'- l!'‘lir''Uno^^''-'uLnnfdon dol-roea to U.o Soulh- eriroK-J:alor«r"r;^St" ln;:":r 3.:rd is -.nd r.nid ...mo n.. more ending; ^ (B) Hint T«rt. or Uko Viow Wonvin ,md J^.kn Stront t‘‘rmrlc^^^^ follovs: Con-r..!nclm: at tin lor»"vi vl rornor of Urn .. i - - • - - » orl'iv«-Lt ntuirtnr n dlst;:r.cr of 14'«.2B loot; ihonro the 5t5> JTir.clnal KcridlHn; thenra .out', nlonr U,'* ucln» c*' lorlrnm. of a Uno horuimltor rofnr.-od to deflcrtlnK Inft 64 dor.rnos 30 n.ln.H-v a nlr tnnm of V ‘V. .,,,. a -' n .Urt-rro of 100 l>at; thenre ul«.nf n tr.nr-.ntlal ns ".Inc r; thenm doflocUrr rl(.K do,-rno3 nlon “"’S 1/^\,r\n 3C irJnutcu u dlsV.nro of 1S'6.3!> 1 •ot; Ihonre curve to thn left h .vlnc rndlm of ‘/ O a'.•.nrrnL.l cur.0 to t.,o loft hMvm^’ a radius of Wastorly tennont to si.ld rur^e a dlatmcv thonro lioutl.wastnrly Umr r.t to LacUauid curve to a 300 feet and conlral an^ le of 4!; dofref-c a distance of 23. . - ' „ S.)rtlon 0 ond oald .'.Ino a.' Uwro cndinR, or. tbo 1133.. lino oO tl.., lo.,.,b. .,..1 runrl-r fnlon,: 3n1 i ”Unn A" . sold nndlnr poln; l«1nr t>": oolnl "'V“S 'lorW‘3l"HV 11. of Ti.oroin Slpjol In 5..1.1 ;ili.t or i UoviUu on Uko ■ to Its IntcrGectlon ulih the r.crthorly oxtenrlf.n • > • . c, utherl’’ IluJ of said Ui>.e View Avenue; thonca uouth- lliiinotcn’<a; thonco Ooutnarly alonr : -»ld ’ cxt.inaloi. • Street; Ui«ncn .ouUi atc.iu' nnld ftist oastorly nlon,- 3..1.1 llo.al orty Un., or ii i Si 0 flinl b„rth...„korl,,. nononrod .t rlrhl .0^103, coimonrini- .il l.lin llorthvnrl rorma of s.,1.1 ,. Ij,. u.c.noo lorioollnr rlc.hl AS decroeo n dUtnnro of mid lionU...nr.t .naulor of U,n :ortl.«3t q..nrlo “ i.-f, 81 docr.a-3 to 3,,ld fr.l Uno o. Uke of 'iO foot to the i^.lnt o- ••Mli.nln,: ol said ...mo H , thmr . .lo.iecv i| r.treet. and sai l ...Ino IJ.. tlr-uo ondlnn, ^,,,h -aid \;.*st lino of Un 3init.heant quirUr of the Horth- th.ancc Nn;thwn3torly alon,: ncH r.raUol Una that ,«.rt of uaU. nlxo c-dosorlUd property west quarter; thence North alonp r.nid •'ojt U ikj .< nnrlos to and pnn.llul ulU», said "Line A ; lylnr northerly of o line 33 feet r.outherly of, monsured at nn,,U. n i ^Townshlo 117 Worth, (c) That nort of the tJorlheaet quarter of eeatorly of a line horeinnfter rererred to as Zl'rJroC the Soutl^west q.virtoi^ of the Conuncnrln,! at tho Northeast c rner of said ’ quarter of the Northwest .quarter a distance 234 feet South alone the East lino of said l ortl.orst quarter J - disUnc*. of 90 feet tr. a point, ond said U. U-.0 point or bopitmlnr of sold "l.lnn V’i LtS “Unn 8", Ihnnn. dofU-nUnc l»rt. 83 docr.0. to ..W -Line A., there ending, said point mir..' U.e t>olnt o. teginninp. o East line, and said "Lino W' there ending, namllel with and 30 feet Northeasterly, measured at right except teat part thereof lying sou-nweaterly of a lino drrjwn ________ anigeo; from said "Lino B\ auh.y.ct te an existing easement .C- PI - • ,. •\1,•t, 1 • I i »1 111i A !1 ' i 1 i . 1 t %a0. / %i<l Tf ^ TO:*^. P. ■ FROM:M. F. aiTE:March 2 SUBJECT:Richard -f! L* Variance - Lakeshore and Street Setback »% r V. -¥ Mr. Ib*wlette recentlv nirchased the old Betz property at 3775 Bayside Road. TMs Is th. prcTcrtv irith which previous problew of right-of w encToachwent was ;ust resolved In 1975 thru a rearrangenient of Lake Street. The location of the eTistine cWellinff does not confore to the street ?^^^’7‘.’‘‘setbacr requircimt of ?r* ft. and hardcover «d lakeshore setback require- of 75 ft. Mr. 'bwlette is now requesting variances froai ttis set- *•’ ' ' back reqolrewent for an addition to this existing stTucture. The proposed 36* X 28* addition consists of a dining roon. second eating space and a t^fo car garage. The setbacks of the proposed addition would be 66 ft. fron the lakeshore and 20 ft. from the street propertv line. Therefore, the variances requested would be 9 ft. frow the lakeshore set back requirewent and 3^ ft. from the street setback requirement md variance from the 75 ft lakeshore hardco\'er setback of 378 sq. ft. for the existing constTuction and 400 sq. ft. for the proposed addition for a total of 778 sq. ft. of hardcover. The existing stnicture Includes a 20’ x 20’ concrete patio deck facing the lakeshore. ^tr. Rowlette has agreed to remove this 400 sq. ft. of hand- cover and replace same with a larger open re<heood deck if the setback rerlsicej are approved. The raxaain area of this proposed addition extending into the 75 ft. iake- shore setback would not exceH 200 sq. ft. This would result in a net de crease of hardcover of TOO sq. ft. Pixttisn crWTSSinN W^livn - April S, 1976 The Commission recormended to the Council .npproval of the lakeshore and street setback reqxiest conditicnsl unon removal of the 20* x 20’ cortcrete deck being replaced by a non-pervieus rvT»e decx because the City would gain a 200 sq. ft. decrease in hardcover. OXWOL ^G^WG - Aprtl 12, 1976 The Cbwcil concurred with tne naming Cbimission • Approved * f•* •AmKATION fOR BUIICMG ratMIT AND ORTinCATE OF OCCUPAIKr VfUAOi Of OnOHO, MINNESOTA MtCTIQMit IPACfS NUMKMfO I TMfHl 13 MUST SC CILLEO m SC^OSf ^SMir IS ISUCO tPHmm mf T«p»t 1 tmsoosfs ^ r jcArel I LMi£0fKMisTi0N ^ I DATE ■iaseo AASCEL NlMf a 1T*I. NM S ASCMTtCl;-. j - .7 .V,'i ' V .w > OO (A40r*««|At *•<1T»I. Ii» I I TT^EOP t »2C STSUCTW^C tw»i#ni |Wi«N _______^ 11 CCMStCTlONOATE 14 TVFf OP CONSrmiCTlON 17 niONr TAiio 9 NO OP STOP»rS 12 PSOPEATY 0«M€«i0N5 IS PAOTCAT t A«( A 90 PT 19 AEAA YAAO iMATCOCOSr 7f',<X)o 13 NO OP PAMILICS Ilf A0S(»C«i1«f 'r,. 14 LCnr AAEA PEA f ANIItV 90 PT ______________ 14 SlOE YAAOI ACKNOWLEDGEMENT AND SIGNATURE: Th# undsrsignsd htrsby rpprptpots ipon all of ths psnsitits of Isw. for fht pyrposo of inducing tt># VILLAGE Of OfONO to tskt fht Action hsrtin roqyssttd. that all itatamants hartio aro tnia and that alt tiort harain mantionad will ba doc^ m accordanca with tha ofdinanca of tha VILLAGE Of OfONC^ tha Stata of Minnasota. and rulings of tha Building Oaganmant TUIIi y.1T*T( rtf /V. 42,00 ^/Jr.TOTAL PCI fONlNC OQTIIlCr PISE ZONE agcsegatc PLOOSAAEA PLOOa ASIA AATIO MATCA1AL PILE «ATN OPPSTAEET PAAItNQ CONETauCriON POOTAiO PAAMINQ PINAL f I .r**"' ^ ’r/2^ ! ii1 < } :45 6 i I CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO:Gerald and Candace Rowlette 3775 Bayside Road Long Lake, MN 55356 TYPE OF APPLICATION: Variances DATE OF MEETING: 09/18/95 ZONING FILE #2063 NOTICE OF PLANNING COM>nSSION ACTION DATE OF NOTICE: September 25, 1995 VOTE: 5 FOR 0 AGAINST 1 abstention Planning Commission recommends die following: Tabled for reasons noted below. notes and SPECIAL CONDITIONS: TohUH ^nnlicant's reuuest Please contact Mike Gaffron or John Gerhardson regarding the « yo“ IXS. so we can se. a ,une .0 d.scuss yens concerns. TWs Uem wall no. be scheduled on the Planning Commission agenda until you request it. In all cases, the application must be continued tvithin 12 months or the City avill consider the application as formally withdrawn. 'I CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will continue the public hearing on the maner of reviewing variance application #2063, Gerald and Candace Rowlette, 3775 Bayside Road, on Monday. March 18, 1996 ir the Council Chambers at 2780 Kelley Parkway. The original public hearing was scheduled before the Planning Commission at their September 18, 1995 meeting and was tabled at the request of the applicant. All persons wishing to be heard will appear at this meeting. Written comments are solicited. Plans are available in the City offices for review, by appointment. City of Orono By: Planning Commission Jeanne A. Mabusih, Building & Zoning Administrator REQUEST FOR COUNCIL ACTION ^ 5 1996 DATE: MarcS*5W^iPlO ITEM NO.: Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2078 Jensen Homes, Inc., 405 Tonkawa Road - Final Subdivision Resolution The applicant has fulfilled all conditions set forth in the preliminary approval resolution. Resolution No. 3661, and has submitted all required payments and submittals to complete the filing of the final plat application. The tennis court that encroached the division line has been removed. Staff recommends approval of the final plat. Bennett Hill, subject to findings and conditions set forth in the enclosed resolution. COUNCIL ACTION REQUESTED: To either adopt or amend the approval resolution .1 *0 A RESOLUTION APPROVING THE PLAT OF BENNETT HILL FILE NO. 2078 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State ot Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development ot land within the City; and WHERE/VS, the City Council has considered the application for a subdivision of a two lot plat by Frank B. Bennett'and Martha M. Bennett, husband and wife, (hereinafter "the subdividers"); and WHEREAS, the subdivision has been tound to meet all standards ot the LR-IB Lakeshore Residential and LR-IA Lakeshore Residential Zoning Districts finding that each lot is of a size and configuration that would allow its use as a single family residence to be tully developed without the need of any variances; and WHEREAS, the subdividers have completed all requirements ot the platting regulations of the City, including; 1. Completion of all the requirements of Resolution No. 3661 Dedication on the plat of drainage and utility easements. Dedication to the City of a drainage easement providing tor limitations on the use of retention area and drainageway described therein and as showm on the plat as "Drainaize easement". 4. 5 Pavment to the City of a park dedication fee in the amount of $12,800. Payment to the City for the legal review and filing ot the plat, easements and covenants in the amount of $200.00. Page 1 of 3 NOW, THEREFORE, BE IT RESOLV'ED, that the City Council of the Cit> of Orono hereby approves the plat of Bennett Hill, Hennepin County, Minnesota, subject to the tollo^ving conuitions: 1. Access to Lot 1 shall be via an existing curb cut at Count>- Road 135. Access to Lot 2 shall be via an existing private driveway at the southeast comer of Lot 2. The subdivision regulations of the Municipal Code limits the use of the driveway in Lot 2 to two residential units. 2. Septic sites must be staked and protected prior to any new residential construction on either Lots 1 or 2. 3. All building envelopes shall be defined by the required setbacks defmed within the LR-IB or LR-IA zoning districts. 4. 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 September 25. 1996 together with a certified original copy of this resolution and executed copies of the easement 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 25th day of March. 1996. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan. Jr., Mayor Page 2 of 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of March. 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin. Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument w^as executed on behalf of the City. Notar)’ Public Paee 3 of 3 •ni ri •.n'-dWint I'tii • . CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 6 6 1_____ A RESOLLTION GRANTING PRELIMINARY APPiJOVAL FOR OF A CLASS II SUBDIVISION AT THE PROPERTY LOCATED XT 405 TONK.4WA ROAD - FILE NO. 2078 WHEREAS, Jensen Homes. Inc., a Minnesota corporation. filed a formal subdivision application ualh the City for approval ot a two lot resident,al pi property' legally described as: Tracks A and B and the Southerly 132 feet of the Westerly 205 feet of Track R=S'S'«d Land Surs-ey No. 540. files of Registrar ofTitle, County of Hennepm. Minnesota (hereinatier "the propern-"): and WHEREAS, after due published and mailea notice in accordance with Mi^esota C AC,'y -t «;ea and the Citv of Orono ’s Zoning and Planing Codes, the Orono Plannin, Coi^Lion held public heannss on October IbandNovembc .0. 1995, at which time all persons des^g to be heard concerning this application were given the opponun.ty to speak thereon, and of fact: -me procem' is located within both the LR-1 A, Single Family Lakeshore Residentitd District.'reauirins 2 acres of contiguous dry buildable land within each newly created lot and the LR-IB. Lakeshore Residential Zoning District, requiring a mimmum or 1 acre of buildable land within each newly created lot. ■me procem- contains a total of approximately 10.69 acres, all of which i^s considered dry buildable except for a drainage way that intersects the propern- to the southeast. J.The proposed plat contains 2 lots as follows: Lot I, located predominately in the LR-1 A Zoning District, is required to maintain 2 acres of area and consists of / .19 acres. Pace 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ ^ ^ ^_______ Lot 2, prodomintitely located m the LR-IB Zoning District, is required to maintain 1 acre in area and consists of 3.07 acres. The ptoperry is not located within the Metropolitan Urban Sersicc Area and shall be developed under rurol standards. Septic teshns has been approved by the City and confirms that each lot suimble «ea for ite development of a primary and alternate mound sepne system to be installed in areas at 6% or less slopes. Henr-pin Counrv has approved access to Lot I via on existing curb cut and Lot - shTachieve access via on existing driveway curb cut at the southeast comer ol Lot /. Both lots can be residentially developed without the need to grant variances to the applicable zoning standards.i-'• •^ ^ NOW THEREFORE, BE IT RESOLVED, that based upon either one or more of ICS the City Co ’uncil of the City of Orono hereby approves the : r./rh. nrnnerrv located at 405 Tonkawa Road per the surAxy dated 9t-1.^5. mostfindings, the City Council ot me p,, ,he sur^•ey dated 9/21/95. mo.st re:”:d r s:..! ^ fonow.ng conditions: 1. of the final plat whichever occurs tirst. As required by the subdivision regulations, no more than t\vo residential units can be serv ed by the e.\isting easement drive located within Lot 2. J. Access to Lot 1 shall be via an e.\isting curb cut at the County Rood, --^-ce^ss to Lot 2 shall be via the existing private driveway at the southeast comer of Lot -. Pace 2 of 5 L CITYof ORONO aESOLUTICM OF THE CITY COUNCIL NO. 8 68 ^ 4. Septic sites must be staked and protected prior to the removal or demolition of the tennis court and new residential cunsiruction. 5. All building envelopes shall be defined by the required setbacks for either the LR-1B or LR-1 A Zoning District. 6 Ravine area in southeast portion of propetn- is to be designated as “ drainage easement. The Cit> Engineer to confirm the required tvidth and extern of drainage easement. 7 Future otvner of Lot 2 is to be aced on notice that if property is included within the MUSA and fu-nher subdivided into 1 acre lots with sewer at some time in >1“ lhat the City may consider requesting a future extension of the public roads to the south of the property to serve newly created lots. The followinn list of final submmals must be submined to the Zoning .^drninistrator nvo w eeks prtrfo the ^ulariy scheduled Council meeting on the second and foiuih Mondays of the month: 1 Record plat drawings in the fomi of two (2) mylar copies and one (1) cop..- reduced to 1" = 200'. Drawing to include: A. Lot lines planed per preliminaiy suivey by Mark S. Gronberg of Coffin and Gronberg. Inc. dated 9/21/95, most revised ds.e I l/8/9o. B Dedication of "drainage and utility easements" 10’ wide along all perimeter property I ines and 5' each side of internal p:i ?ert>' lines. C. Desicnation and dedication of a drainage easement over the ravine area. O. Nami.^' g of plat. Lecal documents required: Pace 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 6 61 A. B. C. D. Title opinion addressed to the City. .Ml osvners. mortgage holders or others with property interest indicated therein shall sign the plat and all other documenis affected by such interest. The applicant must provide certified copies of all recorded easements currently affecti”" ‘.he property. Signed and e.xecuted Drainage Easement over the ravine area within Lot 2. Signed and e.xecuted developer's agreement and letter of credit to ensure removal of tennis court if court remains at time of final plat approval. Fees to be paid: Total due: S200.00* per 1995 fee schedule, Lecal review and filing fees = $200.00A. B.‘Park dedication fee to be based on City Assessor determination of the fair market value of Lot 2. The park fee payment is to be paid upon submittal of 1X I Poe • j, ^ I*-final plat and accompanying documents. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of January, 1996. A Ti l ST : Edward J. CaJfahan. Jr., Mayoi>^ Page 4 of 5 CITY of ORONO resolution of the city council ■uo 8 561 r_ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) a Minnesota municipal corporation and said insmimen S«^“*®**ffNOAS.VEE ^ ,.rJSS'3..tocoJ NOTAPY PUBL'.C-MINNtSOTA HENNEPIN COUNTY J. Notary Public City of Ororo P.O. Box S6 Crystal Bay, m SS323 (612)473-7357 03/18/% 14:24:46 UM) USE APPLltSmOl 1 9 12800.00 12800.00 SUBTOTALTAX TOTAL SALE RECEIVED CHANGE 12,800.00 0.00 12,800.00 12,800.00 0.00 CL0KIO2 TRfMSI 1113 Paae 5 of 5 1 I * -N^flh So ’.’th • (’ o' frocf r, K l S. No !>40 % I \ .......... o —?ust lit>c of Wes* f»»t*t of Wm:t 1. H I s S40 \ >• .4--1 •/ \ V * •••• '*• 'x-'*V’ O^-- CD h- CJ s otherwise and being 10.00 licoted, Qnd town on the plot r\ ./ ✓ ■MM** ••(J .**V^ Li.. % iD OJ’oo’ao" 1/ ■•.. X ■ r/Kc ...•^'•. 6^ .1 r rfi lU' act iO \. I 1 1 (To I \ 'jvi A.?/gH HU’00’ '8 c O Oo O 2 u 20" r 5d-t. 'p\ ■. ‘0\ \ \ I c. 'C- .8 U) ID fO Jaicr .•*•***’ •%, tf)o ;v-" iii * • •*'o • (.'» • * . * • •(J !u • . • Cl «o , • •. • • • * *• I1 • •• • • • • •. u 9t , , ,;X ' - o---- " o‘ O’ «:j*i • • •• • * • O .::•**o 6 I**’; I-) .-... H y ^ LOT 2 194 00 S 89*29* 20” W :.J I f • • .*• ^?to. V o o • • • •• »»» ^ 00ooo r ■» • • • • # # • • (>6 S 89^29* 20*' W 622 68 H 111 I. I V rvljj 2< . I; •*% • • r •• »■••••••#' • • ••••••• .* ••••, • • • u..• «• • • • *•••* v»«* • • «•••• • #•• • • • •• • • • !••••! I t t » • ! I*•t • 1 *••* R. L.S. N( rt. ... -S. i'K.wir ®°WVC REQUEST FOR COUNCIL ACTION DATE: March 21, 19^ ' < V q ITEM NO.: Department Approval: Name Jeanne \. Mabusth Title Building & Zoning Administrator Item Description: #2107 John O'Sullivan/Erwin Smith, 3340 Shoreline Drive > Conditional Use Permits/'Variances/Commercial Site Plan/Vacation Zoning Distric ^ 66.298 s.f. or 1.52 acres (excludes County road rights-of-way) Required area = 20.000 s.f. Brief Review of Application A. Vacation Applicants seek to vacate 33* of Navarre Lane that abuts the property along the north or west lot line. Staff and Planning Commission conceptually approved the vacation but have recommended that the vacation be extended to the northeast to the intersection of Olive Avenue, refer to Exhibit BB. In exchange for vacating the public nght-ot-way. the Citv will ask for additional stormwater retention area in the future retention pond to be installed on the church property. This section of road has been barricaded and closed off from public use since the early 1960’s. Sewer, water, telephone and gas lines exist within the right-of-way. The City will retain a drainage and utility easement over the entire 66’ of right-of-way to be vacated. The Citv Attorney has advised that the original vacation would not cover the more con,prchensivc vacation proposed by City, nte City will hold a public hearing at the Anril meeting of the Planning Commission to cover the vacation ot the roadway from ihrw"ersection of the- County road to the intersection of Olive Avenue and Navarre Lane. The church has provided a written statement reaffirming that they would approve a holdinu pond being created on the church property to support ot the comme-rcial development of applicant's B-1 roned property, relcr to Exhibit W. Request for Council Action continued Page 2 March 21,1996 Zoning File #2107 John O'Sullivan/Erwin Smith, 3340 Shoreline Drive - Conditional Use PermitsA^ariances/Commercial Site PlanA^acation B Commercial Site Plan - Conditional Use Permits - Variances The remainder of the comprehensive application involves conditional use permits for a Class I restaurant that will seat 99 customers and provide a drive-up window to service vehicular customers. The restaurant will be connected to a convenience store and motor fuel station o^^ration requiring a second conditional use permit. The Code also requires approval of Council to allow a third motor fuel station at the intersection, even though a fuel station had existed on the property. The convenience store and restaurant will occupy approximately 7,170 s.f. ii. area. The applicants also propose a separate car wash at approximately 90* x 24'. The car wash structure will be an automated operation taking approximately 1 '/z minutes for each car to be ser\iced. The car wash will have a full-time attendant. The gas pumps with canopy area located in the southeast yard is approximately 4.050 s.f. in area. The parking areas adjacent to the building and shown along the southeast side of the property conform to the City's standards. The parking area along the northwest side does not meet the required setback form the residential lot line. Green areas are proposed along all lot lines except where car wash structure is located 5' from the east lot line. Filling is proposed along the northwest side lot line along vacated Navarre Lane and extends along the northern third of the east side lot line. .\ 3-4’ high retaining wall is proposed along the east lot line at the northeast comer to sustain the filling. The City Engineer has completed a site inspection of the adjacent wetland and confirms that he sees no problem with the car wash structure and retaining walls meeting the required 26' setback from the adjacent designated wetland. He advises that applicant's final grading plans will designate the exact location of the wetland. The Code would require 44 parking stalls. The applicant proposes 49 stalls, three of which would be for handicap clients. 'Hie following variances are required to permit the uses as proposed: 1.Section 10.03. Subd. 14 (C) - V^ariance to stmctural coverage ordinance. Total lot area = 66.298 s.f. Allowed = 9.944.7 s.f. or 15% Proposed = 13.405 s.f. or 20.2% Variance = 3.460.3 s.f. or 5.2% Section 10.40. Subd. 6 (C&D) - Yard requirements. A 10 ’ setback is required from a residential lot line for commercial parking. Required = 10' Proposed = 3' Variance = 7' or 70% Request for Council Action continued Page 3 March 21, 1996 Zoning File #2107 John O'Sullivan/Erwin Smith, 3340 Shoreline Drive PermitsA^ariances/Commercial Site Plan/Vacation_______________ - Conditional Use j.Section 10.40, Subd. 6 (C) - Setback requirements. The car wash structure must meet 35’ setback from east side lot line adjacent to residential zone. Required * 35' Car wash = 5’ Variance — 30' or 85.7% 4.Section 10.61, Subd. 3 (A) - Signage area variance. Allowed = 100 s.f. (per 100 lineal feet of frontage) Requested = 308 s.f. Variance = 208 s.f. A-2 B • Lbt of Exhibits A-1 Vacation Application Commercial Site Plan Review Addendum Plat Map Property Owners' List Legal Notice Deed Bonestroo Letter, Gustafson 2/8/96 Bonestroo Letter, Gustafson 3/13/96 Bonestroo Letter, Sheldon Johnson 3/8/96 Oman Report Hardcover Invcntoiy 500-1,000' Floor Plan of Convenience Store Floor Plan of Restaurant News Article 1/28/96 C D E F G H 1 J K L M N 0-1-2 Car Wash Specs/Plan P 0 R S T U V w X Y Z Photos Restaurant Elevation RLS No. 1433 Culver Restaurant Menu E.xistina Sur%ey/ fopo Hennepin County DOT Letter 2/15/96 Hennepin County DOT Letter 3/6/96 Dester Kile Letter 2/13/96 (Church Property) Signage Request Signage Location Map Site Plan J Request for Council Action continued Page 4 March 21, 1996 Zoning File #2107 John O'Sullivan/Erwin Smith, 3340 Shoreline Drive - Conditional Use PermitsA^ariances/Comniercial Site PlanA^acation AA- Detail Site Plan BB- Proposed Area of Vacation CC- Staff Sketch Discussion of Issues Internal Traffic A major concern throughout this review was the issue of internal tralTic and whether the proposed layout worked for the multiple uses proposed on the 1'/: acre site. Concerns centered around the cross tralTic at the most eastern curb cut magnified by car wash exit entering into traffic lanes. The car wash structure was moved 10' to the north. There is now a 40' separation from the entrance to the property to exit lane from car wash. Additional signage alerting car wash users and persons entering property of the cross traffic has also been requested. There was also concern regarding the adequacy of the driving lane between the gas canopy area and parking area along south lot line (Shoreline Drive). Parking stalls have been redesignated with diagonal stalls increasing width of driving lane. Major concerns centered around the north and west side of the restaurant where the many pedestrian and vehicular activities posed hazards to users. The drive-up window lane is located adjacent to the side entrance to the restaurant. Members were concerned with younger children not under the control of an adult running out in front of the many trafilc lanes. The sidewalk adjacent to the entrance to the restaurant has been widened to at least 5*. A railing will run along the north and west sides of the sidewalk up to the hatched crosswalk. Signage will alert drivers exiting restaurant drive-up window and car wash customers of crosswalk pedestrians. All defined driving lanes will be painted along the centerline with directional arrows. Fixed or permanent pylons will define the entrances and lanes to both drive-up window and car wash entrance. Access lanes will also be striped with directional arrows at all entrances. .Appropriate signage, including grade and overhead signage, will attempt to provide additional safety for patrons moving through and within the site without undue confusion. Staff would ask that you specifically refer to Johnson's review of the amended traffic circulation plan. E.xliibit 1. Request for Council Action continued Page 5 March 21, 1996 Zoning File #2107 John O’Sullivan/Erwnn Smith. 3340 Shoreline Drive PermitsA^ariances/Commercial Site PlaiWacation _____ - Conditional Use Landscapc/Sidewalk Areas Review Exhibit V, Hennepin County has completed a review of the right-of-way along Shoreline Drive and advises that there is adequate area and will not seek additional right-of-way from applicant. Note paved sidewalk along Shoreline Drive is located within the County nght- of-way. The Citv will ask that applicant extend the pavement to the western edge of the newly defined curb cut'to the east. The City will ask for a 7' easement to ensure there is adequate area for the paved sidewalk should the County at some time in the future seek additional right- of-wav from owner tor improvements within intersection. Green areas are shown around all sides of property. The landscaping notes show green areas will consist of landscape timbers with raised berms with bark mulch. Plantings will consist of juniper and potentilla. The low-growing shrubs w ill not create sighting problems for driv ers using County roads on property. Hours of Operation The restaurant will operate from 10:00 a.m. to 10:00 p.m.; the car wash from 5:00 a.m. to 10:30 p.m.; and the convenience store with gas service from 5:00 a.m. to 12:00 p.m. The hours of operation of O'Sullivans to the immediate south of propertv ’ is open 24 hours a day. The retail items and services provided at the convenience store at the new location will be limited in a desire to not compete with their full service convenience store operation at O'Sullivans. It is the hope of the applicants that O'Sullivans will receive most of the customers in the early morning hours going to work and that persons homeward bound would tend to stop at the new operation for serv'ice on the north side. Multiple Uses on Simile Site Members were concerned with the intense use of the IVz acre site. The B-1 Code deals with standards for a single principle use that appear inadequate when dealing with multiple uses such as those proposed for this property. The City does not have a PUD commercial code for the Navarre area. I'he same concerns were addressed when the original O'Sullivan application was presented to the City ir ’987. In that case, limitations of the area of the property (less than % of an acre) set limiu on the use and expansion of uses for that site. The B-1 Code requires ^0 000 s.f for each permitted use. The total area of the property is 66,298 s.f The restaurant, convenience store and fuel station would each satisfy the 20,000 s.f. area standard. The car wash, not listed as a permitted or conditional use, would appear more as an accessory use to the principal motor fuel station use. although this car wash is 2,160 s.f. in area. J Request for Council Action continued Page 6 March 21, 1996 Zoning File #2107 John O'Sullivan/Erwin Smith, 3340 Shoreline Drive - Conditional Use ______Permits/Variances/Commercial Site PlanA^acation________________________________ Planning Commission members felt that if the site could support the uses and that the internal traffic layout be so designed to meet the desired level of safely that the redevelopment of this highly visible property at the east entrance to Navarre would be acceptable. Granting of Variances for New Development This was a difficult issue for Planning Commission members. The impact of the substandard setback for the car wash structure was minimized because of its location to the extensive open space wetland outlot immediately adjacent to the east side lot line. There are mature plantings along the banks of the wetlands located within the outlot. Major plantings located on applicant's property will be lost as a result of the filling along the north half of the east lot line. The strucmral coverage variance of 5.2% would be consistent with the type of structural coverage on all of the developed properties within the Navarre area. The majority of the property is not located within a shoreland area and subject to hardcover controls. All surface runoff will be directed to a retention pond for treatment before entering the wetlands and eventually the lake. Veiy few properties within the Navarre area can provide total surface water retention and treatment of runoff. The signage area variance is unique as the definition of the front lot line designates the 100’ lot line as the front where major portions of the property abut Shoreline Drive and yet this tirea cannot be credited for signage allowance. The applicant has completed an analysis of signage needs (Exhibits X and Y) and asks for 308 s.f. of total signage; the Code allows 100 s.f The parking setback variance along the northwest lot line is of less concern because of the knowledge that something other than single family residential development will occur - possibly multiple residential or other more intense use because of its location in Navarre. The applicant is also providing plantings in a green area immediately adjacent to the parking area. Stormwater Retention As noted above, all surface runoff from the developed site will be directed to underground tiles or lines that will cany runoff to the church property to the northeast to a retention pond before enterinu the designated wetland to the immediate east. The City will also seek additional stormwater retention for future public needs within the Navarre area. The applicant has begun the permitting process with the Watershed District. Request for Council Action continued Page 7 March 21. 1996 Zoning File #2107 John O'Sullivan/Erwin Smith, 3340 Shoreline Drive Permits/Variances/Commercial Site PlanA^acation________________ - Conditional Use Exterior Finish of Structures We have photos of the elevation of the restaurant but we lack any information on exterior finish of the convenience store that shall be attached to the restaurant. Will it be of the same exterior finish? What of the car wash? Applicant should provide Council with some definite information as to e.xterior finish. Applicant should provide an elevation of these structures before Council takes final action. Planning Commission Recommendation The five-member Planning Commission recommended unanimous approval of the application as amended cranting conditional use permits tor a Class 1 restaurant and a motor fuel station, vanances as set forth above, conceptually approves the vacation of the right-of-way of Navarre Lane as recommended by staff, and approves the commercial site plan prepared by Cl Construction. Inc. dated 3/6/96. most revised date 3/12/96, for "O’Sullivans Development. Convenience Store.O^estaurant Facility" at the property ’ located at 3340 Shoreline Drive, subject to the following conditions: 1.As part of the expanded vacation application for Navarre Lane, applicant shall provide survey locating retention pond on church property and vacated right-ot- way. Applicant to provide drainage and ponding calculations to support the sizing of pond. The City Engineer to advise applicant of additional storage area sought by City within retention pond. This information should be available to the City in conjunction with the vacation application for the April Planning Commission meeting and should be submitted no later than Tuesday, April 2. 1996. Upon application for a building permit, applicant shall provide the following information for the review of the City Engineer: a.Plans and specifications for service line connections with as-built plans provided to the City upon completion. The Public Works Department shall consider any potential problems associated with additional cover placed over existing water main. Gradina, drainage and erosion control plan showing e.xisting and proposed contours, building locations, elevations, stormwater pond and erosion control measures to be used during construction. Details should be provided for any retaining walls. Easements should be obtained if any Request for Council Action continued Page 8 March 21, 1996 Zoning File #2107 John O'Sullivan/Erwin Smith, 3340 Shoreline Drive - Conditional Use PermitsA/ariances/Commercial Site PlanA^acation______________________________ grading is done outside of the property limits. Plan should include detail on the pond outlet and stormwater retention pond. Drainage and ponding calculations must be provided. A building permit cannot be issued until the Minnehaha Creek Watershed District has completed its review. J.All property owners to receive benefit of vacated right-of-way to grant utility and drainage easements over entire 66' right-of-way of Navarre Lane. 4.A 7 easement for trail purposes shall be granted by applicant over south lot line that runs along Shoreline Drive. 5.The parking lot shall be paved with concrete curb and gutter. Driving lanes with parking lot shall have a nine ton pavement section for trucks. A geotechnical evaluation of the soils shall be done in conjunction with the pavement design. 6.Appropriate signage shall be installed per the Orono staff and City Engineer’s requests defining designated traffic lanes for restaurant and car wash as specifically set forth above. This includes the paving of centerlines, installation of permanent or fixed pylons, cross hatching of crosswalk along northwest side of restaurant. 7.Applicant's engineer shall provide an estimate of the total costs for the site improvements for the City. The engineer shall reconfirm the amount of a Letter of Credit that will accompany a Developer's Agreement to be executed by developer to assure that all required plantings, extension ot sidewalk signage, etc. and as shown on approved site plan and signage plan along with other required improvements to be completed to the City's satisfaction. 8. AXpproval of elevations and material to be used upon exterior ol structures, COUNCIL ACTION REQUESTED: To provide start' with conceptual direction so that an appropriate resolution can be drafted and presented to Council for their formal action at their April 8, 1996 meeting. Isv To: From: Date: Subject: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator Februarv' 14, #2107 John O’Sullivan, 3340 Shoreline Drive - Vacation/Conditional Use Permits/Commercial Site Plan Review - Public Hearing Zoning District: B-1 Lot area = 66,298 s.f. (excludes County road right-of-way) Required area = 20,000 s.f. Application: Applicant .seeks to vacate half of Navarre Lane or 33* of unimproved dedicated right- of-way and to construct a multiple use lacility on the B-1 zoned property consisting of a restaurant, convenience store, gas station and car wash. 1 he B-1 Code does not address a multiple use facility and PUD zoning is not available in the Navarre business district. The following ordinances are pertinent to this review'. Pertinent Ordinances Section 10.12 - Vacation of public street. dm < a 4, 5 6. Section 10.03, Subd. 14 (C) - Review of structural coverage. Total lot area = 66.298 s.f Allowed = 9.944.7 s.t. or 15% Proposed = 13,405 s.l. or 20.2% Variance = 3.460.3 s.t. or 5.2% Section 10.40. Subd. 2 - Commercial site plan review required of Planning Commission and Council to permit issuance of building pe'.nif. Section 10.40, Subd. 3 - Review of permitted uses in retail and service business district. Section 10.40, Subd. 4 - Conditional uses. .A. Motor fuel station. C. Restaurant-Class I. Section 10.40, Subd. 5 - .Accessory uses. Incidentals - Any incidental repair or processing necessaiy ’ to conduct a permitted principal use. provided that the incidental use shall not e.xceed 30% of the floor space of the principal building. Is car wash an accessoiy use to the principal use or is it a principal use? 7- VV^.T- Zoning File #2107 February 14,1996 Page 2 7. Section 10.40, Subd. 6 (B) - Lot width. Required = 100’ Existing at front yard = 60' Proposed = 100’ 8. Section 10.40, Subd. 6 (C & D) - Yard requirements. Refer to Exhibit U, parking is allowed at 3 ’ setback from side street yard, 10’ from side or rear yard adjacent to residential lot line. Parking does not meet required side yard setback from side lot line adjacent to residential zone. 9. Section 10.40, Subd. 6 (E) - Setback requirements. Structures must meet 35 ’ setback from front, side line adjacent to street, rear and side yards adjacent to a residential zone. Required = 35 ’ Car wash = 5' Variance = 30 ’ or 85.7% 10. Section 10.40. Subd. 6 (G) - Building design and construction. It is not clear from the material received what the exterior finishes will be. Applicant should provide the information at our meeting. 11. Section 10.60 - Projects shall be subject to all special performance standards of this section. 12. Section 10.61. Subd. 3 (A) - Applicant should be advised of possible need for a future variance to allowance for signage as there is only 100+ lineal feet of frontage. Applictmt would be limited to 100 s.f. for signage and should be addressed in the current commercial site plan review. 13. Section 10.61, Subd. 5 (E) - Special setbacks for parking from side and rear yards adjacent to residential lot line. Parking is located 3 ’ from residential and should be 10’. 14. Section 10.61, Subd. 10 - Required off-street parking. Restaurant = 1 stall per each 80 s.f of public floor area 2,160 s.f - 80 = 27 spaces Convenience store = 2,500 s.f - 150 s.f = 17 spaces Required = 44 Proposed = 53 (3 handicap) Note: City does not credit parking spaces at pump island. 15. Section 10.6 1. Subd. 18 (J) - Tlie Code specifically requires that Council must approve more than two gas stations at an intersection, llie intersection would have three. Removal of the former .Main’s Ser\ice Station and replacement with new use requires new City approval. Zoning File #2107 February 14, 1996 Page 3 16.Section 10.61, Subd. 11-17 - Specifically Subd. 17 (B & D) - It would appear that the proposed use would require a loading berth or loading area on site. This has not been addressed on site plan. List of Exhibits A-1-2 B - C D E F G H 1 J K L M-1-2 N-l-4 O - P - Q - R S T U Applications Applicant's Addendum Plat Map Property Owners' List Legal Notice for Vacation Deed Gustafson Report 2/8/96 Oman Report Hardcover Inventory Floor Plan-Convenience Store Floor Plan-Restaurant News Article 1/28/96 Car Wash Specs and Plans Photos, Culver Restaurant E.xterior and Interior Elevations Southwest RLS 1433 Culver Menu E.xisting Sur\ ey and Topo Existing/Proposed Overlay Site Plan Proposed Site Plan Staff Sketch Review of Vacation The vacation application proposes vacation of 33' of Navarre Lane located within Tract A ot RLS 1433 Applicant's addeaum, E.xhibit B, advises of plans to redevelop church property to the immediate nonli. It is not clear why applicant did not seek to vacate the entire right-of-way. The City learned in earlier reviews that the church structure encroaches 9 ’ into the right-of-way of Navarre Lane. Review E.xhibits T and U. note the utilities within the 33' of right-of-way to be vacated. Municipal water lines and telephone lines are located within the right-of-way. Applicant shall grant easements over the utilities. Zoning File #2107 February 14, 1996 Page 4 The City would vacate the entire right-of-way. The City staff and applicant should determine the boundary of the vacation at the northeast. In lieu of giving up the road right-of-way, the City will ask for additional retention area in the stormwater pond proposed in the residential property to the northeast. It is necessarv that the City seek out additional retention areas to store and treat runoff before it enters into the designated wetlands within the area. The current stormwater lines drain directly into wetlands without providing treatment. Review of Commercial Site Plan and Conditional Use Permits The B-1 property currently houses a motor fuel station with car repair. To the rear ot the station there is an outdoor storage yard where the previous owner had stored vehicles for the City. The majoritv of the eastern portion of the property as it extends towards the designated wetland was tilled during the tornado of the earlv 60's. Any new construction will require soil bonngs to determine design and type of foundation. The former use has been a low intensity use at this busy intersection. The new owner and applicant proposes the construction of a sit-down restaurant of approximately 99 seat capacity with drive-up window. The Culver restaurants can be found in Wisconsin. Illinois and Iowa. The restaurant will be connected to a convenience store offering a similar selection ot products as O'Sullivans across the street including coffee, cold drinks, bakerv items, roll-o-gril products and cold sandwiches. The convenience store will have eight fueling points under a full canopv. In a separate building along the east lot line, a mini-tunnel service car wash at appro.ximatelv 2,100 s.f is also proposed. All structures meet the required 35 ’ setback except tor the car wash that will be located 5 ’ from the rear lot line adjacent to the residential zone. Note the gas canopy meets the 35 ’ setback from the street side lot line. The following issues must be resolved by both the City and applicant before the application can proceed for final action before the Council. [.and Use Review .he oermittcd uses listed under Subdivision 3 and the conditional uses under Subdivision 4. Both the convenience store and the restaurant would be considered permitted principal uses on a property The car wash is not listed but review Section 10.40, Subd. 5. Is the car wash an accessorv or principal use? Refer specifically to F entitled Incidentals. The principal structure consists ot 5.461 s.f. 30% of that total area is 1.638.3 s.f. The car wash is 2.160 s.f. /\rc we dealing with three or four principal uses on the single property? We would have an easier task it the City had a conunercial PUD Code for the Navarre area. Standards for a single principal use on a property may be inadequate when dealing with multiple uses such as what is being proposed. The applicant would ask the City to consider the multiple use facility at O’Sullivans consisting of the convenience store, gas station, car repair and car wash. Parking and on-site trattic are major Zoning File #2107 February 14, 1996 Page 5 problems for the site. During the review of the O'Sullivan project, the City decided against amending the Code to create standards for the multiple use but preferred to allow the area limitations of the property to restrict multiple uses and any expansion of those uses. Fhe Cit\- recently reviewed an intensification in food service at the convenience store at O Sullivans and approved a walk-up window to serve customers at the exterior of the building. The property consists of 66,000 s.f. Required area for the B-1 zoning district is 20,000 s.f. for a principal use. One may argue that there is adequate area to serve three principal uses on the site. Review of Variances The car wash structure does not meet the required setback of 35', proposed at 5 ’. Parking along the side lot line adjacent to the church property, a residentially zoned property, does not meet the required 10' setback. One might argue that the parking adjacent to the side street should meet the same 20* setback as for front yard. The Code only references parking adjacent to residential and does not deal with a more restrictive standard for a side street yard. Parking can be as close as a. Members are asked to review Section 10.61, Subd. 5 (A «S: B). A lot coverage variance will be required as property is less than 1.99 acres in area It is shown at 20.2% where the Code would allow 15%. The majoritv of the 33' of area to be vacated will consist of utility easements. Note the dumpster enclosure would not be permitted within an easement area but parking and drives would be allowed. Note along the side lot line adjacent to the church property, extensive filling along that portion of the propertv will require a retaining wall. This may also be an issue in light of the existence of utilities that may need to be accessed. The Code has requirements for landscape/yard/green areas. There is little of that shown on this busy site. Cirading/Drainatie Proposed and existing topography should be shown on one grading plan that should also include buildinc locations, elev ations and erosion control to be used during construction. One-third of the property's drainage will drain to a proposed underground storm sewer to the residential property to the northeast. The retention pond will treat and retain runoff before it enters the DNR and Orono designated wetland just to the east of the subject property. Approximately two-thirds of the surface runoff from the site will dram to the southeast comer and eventually to the same DNR wetland to the east. No retention or treatment is provided. The current laws will not allow runoff from a commercial site to drain directly into a protected wetland. Drainage ponding calculations should be provided once the final extent of uses on the site have been resolved. Zoning File #2107 February 14, 1996 Page 6 Sewer and Water Utilities Sewer and water mains are located within Navarre Lane. The former services are probably inadequate to serv ice the new uses and will require new connections. If the north side ot Navarre Lane is to be vacated, there will be easements to be taken over the existing sewer and gas lines. Traffic - Interior and Exterior Review Exhibits T and U, the property is served by two accesses off Shoreline Drive. The most western one serves as the main entrance to the car wash that Hows to the east along the east lot line and then eventually exits at the most eastern curb cut. The drive-in window at the restaurant allows cars to enter at the most eastern access that will follow along a controlled lane that eventually exits at the most western access. The cross traffic activities at both curb cuts is of major concern. The parking shown along the side street lot line adjacent to the gas canopy or service area is of major concern. As already noted above, the t> pes of uses proposed require loading areas. There are none shown on this site. The County has been asked to review the site plan to determine the need for additional area for a right turn lane at the intersection and to comment on the proposed access locations. The Engineer strongly recommends that the County, City staff and applicant meet to discuss the many traffic concerns for this very busy site. Proposed Future Commercial Use of Church Property to North Applicant's addendum suggests that a retail and office development would be proposed for the property. The property is zoned LR-IC. The City considers a rezoning request of major import and rarely considers requests to rezone single properties. Members of Council have voiced opposition to any rezoning of this property. Applicant should advise the Planning Commission on this matter as application is dependent upon additional retention and treatment area on the residential property to the northeast. Issues to be Resolved 1. How many uses can be supported on this property? 2. Will you grant variances for new development? 3. What is your recommendation concerning a rezoning of the property to the immediate north? 4. Other issues raised by Planning Commission. To: From: Date: Subject: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator March 14, 1996 #2107 John O'Sullivan/Erwin Smith, 3340 Shoreline Drive - Vacation/Conditianal Use Permits Commercial Site Plan Review A'ariances - Request by Applicant for further Consideration of the Planning Commission Review of Action of Planning Commission At Februaiy' 20. 1996 meeting, four members of the Planning Commission were unable to effect a legal vote. Two members moved to approve the application as proposed subject to the satisfaction of the City staff that all internal traffic issues were resolved before presenting application to the Council. Tlie two members who denied the motion conceded that the three variances sought by applicant were acceptable as long as the many safety issues and obvious failings of the internal traffic plan were solved. If internal traffic problems could not be addressed effectively, then they would have to recommend denial of the application. Mr. O’Sullivan has submitted a letter requesting rescheduling before the Planning Commission to reconlimi for the entire Planning Commission that internal traffic issues have been resolved to both the County and City staffs satisfaction. List of E.xhibits A B C D E F G H I Applicant’s Request for Rescheduling Before the Planning Commission Hennepin DOT, Zetterstrom Report, 3/6/96 Boneslroo, Sheldon J. Johnson, Transportation Group Leader, 3/8/96 Bonestroo, Shawn Gustafson Report. 3/13/96 Signage Request Signage Location Map Amended Site Plan Engineering/Detail Site Plan Amended Vacation Plan Brief Review of .Application #2107 Tlie application consisted of the partial vacation of Navarre Lane, approval ol a conditional use permit for a Class 1 restaurant, approval of a conditional use permit Icr motor tuel station, commercial site plan approval and three variances to required standards for commercial development within the B-1 zoning district. The first variance consisted of a structural setback for the car wash proposed at 5' where a 35' setback is required. The second was for a structural coverage variance as property is less than 1.99 acres in area. The applicant seeks Zoning File #2107 March 14, 1996 Page 2 approval of 5.2% structural coverage variance (allowed = 15%, proposed = 20.2%). The final variance consisted of a 7' setback variance for the parking lot adjacent to the residential lot line to the north (church property). A 10’ setback is required; applicant proposes a 3’ setback. Residents of the Lafayette Ridge neighborhood attended the meeting to support the application. The residents felt that the extensive wetland area adjacent to applicant's east side lot line minimized any impact of the structural setback. Applicant also noted the presence of existing plantings along the west side of the outlot that would also minimize the visual impact ot the structure. It was also noted that this was the best location for the car wash as it was the furthest away from residential development. The structural coverage excess would be acceptable as long as internal traffic design could support the uses. The parking lot setback was to be addressed by requiring green areas and plantings along the north side lot line. The major concern for the four members in attendance at the February meeting was the plan for internal traffic and could a plan be developed that would support the multiple uses. Review of Amended Plan In order to address the cross tratfic dilemma at the most eastern access to the property, the car wash w'as moved approximately 10' to the north allowing for a 40 separation from the intersection of the exit lane of the car wash with the oncoming traffic lanes. Appropriate sinnage would also be required cautioning cars exiting car wash to first stop for cross traffic. At the north or west side of property where we have access lanes leading to the parking area, car wash and restaurant drive-thru window, lanes shall be defined with a roadway centerline, pavement arrows and directional cones. Signage shall also provide clear directional information. Members of the Planning Commission were most concerned with the issue of safety regarding the location of the entrance/exit door from restaurant and proximity to drive-tnru window and exit lane. Review' E.xhibit C. Mr. Johnson's memo notes that as long as the sidewalk is expanded, a protective railing installed and crosswalk hatched with appropriate signage, members concerns should be addressed. His report goes on to state that it is not unusual nor is it unsafe to have a restaurant entrance/exit located in the area in front ot the drive-thru pickup window. He notes this situation exists at many drive-thru type restaurants and no particular safety hazard has been noted. He goes on to advise that the sidewalk and protective railing leading to the painted crosswalk will offer a higher degree ot safety and is recommended. Zoning File #2107 March 14, 1996 Page 3 Gustafson's concern regarding the tightness of the driving aisle between the piuking area along the south lot line and the gas pump canopy has been addressed by installing diagMal j^kmg. There has been a reduction in parking stalls proposed now at 4d rather than oa. The Code or the multiple uses requires only 44. All stormwater from the developed site will be directed to a retention pond at the church property to the northeast. No runoff from site will drain directly into the wetland to the A build-up of ice at the exit area onto County road was of concern to the Hennepm DOT but applicant's consultant advised that this lane will be heated so there shall be no build-up ol ice during the winter months. Review Exhibit B. Hennepin County's current report advises no need for additional nght-of- way Note the Citv's sidewalk is located within the County right-ot-way. The Engineer as^ for a 7 easement for pedestrian walk should Countv- need to expand road at some time in the future. After long and lenglhv meetings with applicant and applicant's consultants, the City has agreed that the vacation of Navare Lane be extended eastward to the intersection oj Avenue refer to E.xhibit 1. The public hearing for the complete vacation will be held at the April meeting of the Planninc Commission. .\t that time, applicant will be responsible tor presenting plans for the retention pond within the church property and vacated nght-ot-w-ay ot Navarre Lane. As a condition of approval of the vacation, the City shall ask tor additional retention area within the pond for anv future improvements needing stormwater retention within t e Navarre area The Citv v^ill also ask for utility and drainage easements over the entire 66 ot right-of-wav to be vacated. Applicant shall be responsible for obtaining the easements from both the church and the Lafayette Ridge Homeowners Association. The applicants have begun the permitting process with the Minnehaha Creek Watershed District. Review Exhibits E and F, members may remember at the February meeting of the Plaiming Commission, staff alerted applicant to a possible need for the vacation is completed, the froniage of the property would be 100 s.f. The B-1 Code wod allow 100 s.f. of signage. The applicant was asked to review signage needs for the mu tipie uses and to present signage analysis to determine the extent of the signage area v^ance to approved with the current commercial site plan review. Immediate signage needs have been approximated at 273 s.f. The applicant asks for a maximum allowance of signage area at ^0 s.f. Ihe following variance is required: Allowed = 100 s.t. Proposed = 308 s.t. Variance = 208 s.t. Zoning File #2107 March 14, 1996 Page 4 The loading area issue was discussed at the February meeting. It was advised that delivery trucks would only enter property during early morning hours before restaurant was open for public use. Delivery trucks would park to the southeast side of building at the exit to the drive-thru lane. Shawn Gustafson has completed an inspection of the wetland area and the east lot line of the property. We are satisfied that the car wash structure and any retaining walls installed as a result of the filling along the east lot line will meet the required 26 ’ setback from the designated wetland. Recommendation Planning Commission is asked to reconsider your original recommendation to the Council concerning the comprehensive application for redevelopment of the property located at 3340 Shoreline Drive, involving conditional use permits for a Class I restaurant and motor fuel station, approval of commercial site plan per amended site plan, revised date March 12. 1096. and variances as reviewed above (structural setback variance for car wash, parking setback variance for parking lot on west side, structural coverage variance of 5.29o. signage area variance of 208 s.f.). At this point we would recommend conceptual approval of the vacation of Navarre Lane until the public hearing for the expanded vacation is approved. Approval is subject to the following conditions: 1 Applicant to provide survey locating retention pond on church property and vacated right-of-way. Applicant to provide drainage and ponding calculations to support the sizing of pond. The City Engineer to advise applicant of additional storage area sought by City within retention pond. This information to be submitted to the City no later than April 2. 1996 in order to meet the deadline for the vacation public hearing before the Planning Commission. Upon application for a building permit, applicant shall provide the following information for the review of the Citv Engineer: a.Plans and specifications for service line connections with as-built plans provided to the City upon completion. The Public Works Department shall consider any potential problems associated with additional cover placed over existing water main. Hf* ■ Zoning File #2107 March 14, 1996 Page 5 j 6. b.Grading, drainage and erosion control plan showing existing and proposed contours, building locations, elevations, stormwater pond and erosion control measures to be used during construction. Details should be provided for any retaining walls. Easements should be obtained if any grading is done outside of the property limits. Plan should include detail on the pond outlet and stormwater retention pond. Drainage and ponding calculations must be provided. A building permit cannot be issued until the Minnehaha Creek Watershed District has completed its review. All property owners to receive benefit of vacated right-of-way to grant utility and drainage easements over entire 66' wide right-of-way of Navarre Lane. A 7' easement for trail purposes shall be granted by applicant over south lot line that runs along shoreline drive. The parking lot shall be paved with concrete curb and gutter. Driving lanes within parking lot shall have a nine-ton pavement section for trucks. A geotechnical evaluation of the soils shall be done in conjunction with the pavement design. Applicant's engineer shall provide an estimate of the total cost tor the site improvements for the City. Tlie engineer shall reconfirm the amount of a Letter of Credit that will "ccompany a Developer's Agreement to be executed by developer to ensure that all required plantings, etc. are as shown on approved sight plan along with other required improvements to be completed to the City's satisfaction. Isv ' r ^ s,l if \ ^ £L ' -1 "■ 1/ wi j - . i*»T9»' ^ CITY OF ORONO - GENERAL LAND USE APPLICATION 1 Application # 0^ j Date Received / ^ Amount Paid fr PROPERTY LOCATION Site Address_______________ Type of Application to be Filed f / J E * * Propert}’ Identification Number (P.I.D.) rTr7Q/r,>r^ APPLICANT Name_____.Q ^ w '-Ll 'J Phone (home) Address S - ’J __________________ Phone (work)___‘ ------ r-cT,.- <;/4<-.nu;i’rrD feccity rJAyAfcAg Zip I OW'NER (if different than applicant) Name______________________ Phone (home). Phone (work)_ Address Citv Zip Date Property Acquired (month/year) uaic rrui^ciLv -----------------------------------------------— l (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - S 75.00 For each variance request with CUP application $175.00 Residential Accessory Use $250.00 Institutional (church, school, etc.) ' $225.00 Guest House/Guest .Apartments " $200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use ' $250.00 Land Alteration Grading and filling - designated wetland or floodplam 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 u r \ $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 - reter to tee schedule) ~~ $350.00 Comprehensive Plan Amendment ~ $100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District --------------^------ Present Use of Property ----------Residential Other (specify). ,77r.TT , REQUIRED SUBMITTALS 1. 2. j. 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 (>'ou must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). _ Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. _ Attach legal description to application if not included on required survey. _ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). _ Construction plan, if applicable (see staff for requirements). _ As an addendum to this application, please attach a separate list of any other persons yop 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. .Applicant's signature Date //k / OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry' onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's sienature 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 authonzed agent attend in your place and advise the Building & Zoning Office of this chance prior to the meeting. L . rr •■t V • ^- • 4 •. V• u •* • '•’ 4*' Application # Date Received Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Q.-f AHHrejy; 3340 Shoreline Drive Navarre, MN 553gj- -- - - - - --—;>»c /\uuiw _—^------- ■ cJonditional Use Permt _____________ Type of Application to be Filed i;-iT7rz3 44UUHb Munincipality #38 Property Identification Number (P.I.D.)------------------------------------- — k applicant Mam«» O'Sullivan's Phone (home). 2420 Shadywood Road Phone fwork^ <612) 471-0725 City Navarrey Zip 55392 OWNER (if different than applicant) Name^_______________________ Phone (home)_ Phone (wofk)_ Address City _ Zip_ . . March, 1995 _Date Property Acquired -----------------------j———- I (do) (do not) also own the adjacent parcels of land. fees - wiu, CUP app.ic.uon $175.00 Residential Accessory Use ^ $250.00 Institutional (church, school, etc.) $225.00 Guest House/Guest Apartments $200.00 Duplex Credit/Bldg ^ $300.00 Commercial/Industrial Use $250.00 Land Alteration n ^ i • --------- Grading and filling - designated weUand or floodplain ■ ■ Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule r ,• --------$150.00 Renewal Fee (no change from onginal application) -------- After-the-Fact Fee - Double Cuaent Application Fee iS™ rcial Si.= Plan Review (. conaultan. 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 — (month/ycor) Present Use of Property Residential Other (specify) <^rvice REQU] 1. 4. SUBMITTALS Completed Application Fonn.Describe request in detaiLCertified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. 5, Attach legal description to application if not included on required survey. 6. ’ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7 List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. _____ Construction plan, if applicable (see staff for requirements). 9 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 0\vner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Deparunent 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 Zomng 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. Applicant's signature Date f 2- S Ut C. OWNER'S SIGNATURE u • a The owner hereby acknowledges and agrees to this application and further authonzea re.Tsonable entry onto tlie property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. n 1^^ T’ JCi _____Date (1%^ h'sOwner's signature _ ADDlicaru must have all su4iittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants P"""' all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend scheduled meeting, please make arrangements to have an authorized agent attend m your place and advise th Building & Zoning Office of this change pnor to the me-.-ting. 7 & /j .7 Proposed Development at 340 Shoreline Drive, Navarre The purpose of this project is to build a sit down, family restaurant, 4300 square feet, with drive-thru food service. The fresh food and custau ’d menu fits somewhere between a McDonald/Burger King concept and a Perkins/Baker's Square restaurant. The customer will order the food at one of the register order points. The food will be delivered by staff to the table where the customer is seated. The restaurant will contain seating for 99 customers. We are going to combine this concept In the same building with an O’Sullivan C-Store. The restaurant and C-Store will utilize the same utility/restroom core of the building. Eight fueling points will be available under a full canopy. The brand of gasoline will be the same as the present O’Sullivai's across the street. The store will offer a normal C-Store selection of produc ‘s including coffee, cold drinks, bakery, roller grill products and cold sandwiches. A mini-tunnel service car wash will be built on the site. The equipment will include a conveyor system to pull the car through the ninety (90) foot car wash. Most of the equipment will be touchless spray applicators with a "shaker- curtain" and quarter panel soft cloth rollers. This development exceeds the vehicle parking requirements for the proposed used. The development is Phase I of a two stage development. We will follow this request very shortly with a plan to develop the property to the adjacent north with a retail and office development. i k. STORM SEWER DISTRICT BOUNDARY SCHOOl DISTRICT PnilMnARY HENNEPIN COUNTY, MINNESOI Cf^NFRAI SFR'/rrr^ nrrMr'T*"^ •»<.• >;■ *.;MM DATt 01/ti/M'• ' : . -V VjMTCNSM. V'" '- ;■PW» aooA OtCR NMC TAMRAYM ' HAHE/AOm■ •• ! . . .. i : -» W- PKP AODM CMCR NAHi TAXPAYCII NAHE/AMA . ; / •\: MOP AOM OWCR NMC TAXPAYER NAIC/AOOR PROP ADDA QNNEA NAHA TAXPAYEA HAHE/AODA PROP AOOA OHNER NAME TAXPAYEA NAHE/AODR R • M l7‘>117>tS 44 OOOtORACE MPmrCH^^ NORTH CENTRAL C8A 7EA0 UNIVERSITY AVE N I iUO PRIDLEY m SB4S2i ' ’ ' M 17-117-ES 44 0009 02S77 SHAOYHOOO RO NARCEL S DITTRICH HARCEL DITTRICH 2S77 SHAOYHOOO RO NAYZATA IM 5S391 SS 17-1I7-2S 44 OOS2 OOOSO ADDRESS UNASSlGNEO 6ENE AND SHERYLL BLOCK CENE AND SHERYLL BLOCK 2S0B BAYVIEN PUCE NAYZATA MN S5S91 SB 17-117-23 44 0040 03324 NAVARRE LA BRETT HALLONOUIST BRETT K HALLONQUIST 3324 NAVARRE LA NAYATA m 55391 30 17-117-23 44 0075 0233* SHAOYHOOO RO JAB ERICSON JOHN C A BARBARA E ERICSON 1*20 SHAOYHOOO RO NAYZATA H4 55391 HEttCPIN COUNTY PROPERTY INFORHATIQN SYSTEH PROPERTY G»NERS LIST30 17-117-23 44 0007023*4 SHAOYHOOO RO BRACE BAPTIST CHURCH>T4AVARRE BRACE BAPTIST CHURCH/NAVARRE 2SB0 SHAOYHOOO RO ORONO MN SS391 30 17-117-23 44 0015 00030 ADDRESS UNASSlGNEO HEhPCPIN FORTEITEO LAND CITY OF ORONO PARK 10/17/00 ST DEED 159140 30 17-117-23 44 0033 02305 BAYVIEN PL R H STELLIN6 ETAL GENE H BLOCK 2505 BAYVIEM PLACE NAYZATA HN 55391 30 17-117-23 44 0063 02344 OLIVE AVE J L CARLSON AMR CARLSON J L CARLSON AMR CARLSON 2344 OLIVE AVE NAYZATA m 55391 36 17-117-23 44 0076 0233* SHAOYHOOO RO JOHN C A BARBARA E ERICSON JOHN A BARBARA ERICSON 1*20 SHAOYHOOO RO NAYZATA (M 55391 PROP ADDR 9MER NAME TAXPAYER NAME/AODR 36 17-117-23 44 0078 00036 ADDRESS UNASSIGNED BRACE BAPTIST CHURCH/NAVARRE BRACE BAPnST CIIURCH/NAVARRE 2360 SHAOYHOOO RO ORONO FM 55391 36 17-117-2i 44 0064 02350 OLIVE AVE NAFFdY C RUST NANCY C NELSON 2350 OLIVE AVE. HAYZATA m 65391 REPORT No. Pt43l40l p«ei It36 17-117-23 44 000600036 ADDRESS UNASSIGNED HEFMEPIN FORFEITED LAND CITY OF ORONO CONVEYED , .2/8/62 ST DEED 1*1145 38 17-117-23 44 0031 02275 BAYVIEN PL JAMES R ANDERSON JAMES R ANDERSON 2275 BAYVIEN PLACE NAYZATA MN 55391 SI 17-117-23 44 OOit 03320 NAVARRE U AORIAFtJE L D006E AORIANNE L DOOGE 3320 NAVARRE LA HAYZATA FM 55391 36 17-117-23 44 00(4 02338 OLIVE AVE B A JAKUBIAK I L H JAKUBIAK bIiAN a JAKUBIAK 2336 OLIVE AVE FMYZATA Ft4 5Sl91 3l 17-117-23 44 0077 0332* NAVARRE LA GRACE BAPTIST CHURCH/NAVARRE GRACE BAPTIST CHURCH/NAVARRE ISbO SHAOYHOOO RO ORONO Ft4 55391 3l 17-117-23 44 0085 03340 SHORELINE OR VOYAGEUR SERVICE CENTERS INC V0YA6EUR SERVICE CENTERS INC P O BOX *5 FiAvARRE Ft4 5Si92 • ' .-Li' ■ C-*s’ '-> » - *f *«Ti-..• r • Vi * * * ’ J *I,” J■ ..«X( ■ , % i • 4 * ■•« •' ‘ f . i ? A Vi • t $ 0 'v.V . . k •1'* t*... ■ Is’v r-0 <’ r—^ '• v>. . I'.*: • i I l; - * '* I ■*'- * -• I «I .. • ••: ' j:v ’ ■ JS' * V..- -'I'V *\ •MEWCPXN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OMCRS LIST• ‘ ‘ 17-117-fl AA 00»4I Ju TAXPAYER ^ NAMi/AOOR,vr-J <• Lj PROP ADOR OM«R NANI TAXPAYER NAME/AODR . PROP AODR OMICR NAME TAXPAYER NAME/AODR PROP AODR OM«R NAME TAXPAYER NAME/AODR 0005R ' ADDRESS UNASSI6NE0 HENNEPIN FORFEITED LAND NEMCPIN FORFEITED LAND •• '• •* . .^ . • •'f’ V • f>*'.; SR I7>I17-» 44 0101 OSSM SHORELINE OR Lie ROEHNEN LEROY I CAROL ROEHNEN E40I0 VALLEYNOOO EXCELSIOR m 55SS1 SR E0-U7-ES 11 0015 0E448 SHAOYNOOO RO 1ST NATL SANK OF NAVARRE 1ST NATL BAM( OF NAVARRE CO ROAD 15 A CO ROAO IS NAVARRE It! B5S9Z 5S tO-117-23 11 OOSS OOOSa ADDRESS UNASSIGNEO FRESMNATER FOUNDATION FRESHHATER FOUNDATION 7ES CO RO 4 NAYZATA »tl 65S91 • f S ’’ ^ *.**.•' f • 1 > REPORT NO. PACE ^'1435401S3 i ••30 iT-^llT-n 44 0099 0003S ADDRESS UNASS16NED CITY OF (MONO cm OF OROND PO BOX 44CRYSTAL BAY 55359 SB 17-117-13 44 0100 033B2 SNORELiXS OR CLASS II PARTNERS CLASS II PARTNERS 14400 ZBTH AVE N PLYMOUTH m 55447 SB 17-117-23 44 0102 023B5 SHAOYNOOO RO S H SCHMIDT A S J SCHMIDT STEPHEN H SCHMIDT 23B5 SHAOYNOOO RD BOX 15 NAYZATA MN 55391 SB 20-117-23 11 0002 02420 SHAOYNOOO RO VOYAGEUR SERVICE CENTERS VOYACEim SERVICE CENTERS CO RO 15 A 19 NAVARRE ttl 55392 SB 20-117-23 11 0024 0SSS3 SHORELINE OR MGT COMPANY SUPER VALU STORES INC CORPORATE TAX DEPT PO BOX 990 MPLS m 55440 SB 20-117-23 11 0034 02500 SHAOYNOOO RD FRESHHATER FOUNDATION Freshnater foundation SPRINC HILL CENTER 725 SIXTH AVE N MAYZATA 55391 TOTAL BATCH 504 0002B I CERTIFY THAT THE FACTS REPRESENTED ARE A>< ACCURATE ANO TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECDRDS OF THE HEKMEPlN COUNTY DEPARTMENT OF PROPEATY TAXATION* TO THE BEST OF HY KNOHLEOGE ANO BELIEF. DATE r • ■ ••f . ‘ • • I. ■ 4• '-.'v " ■■ :5.0• ■4*' . • .,1* X f . . 9 :V * ^ M ’• ■ • •. ■ «' f/ * ’ *»» i •• t.,:.‘•’’F -sV 4‘■■-.Vi'V'.' ' -St : ■ V -iH-i'i. V. > MH..r. .. ‘w‘ t■ V'-,!|r; >:..MM »ATI' f*,MTOliOS:','^ ' ■ ■'• ' ?■'.'• U‘ U- <w iATCft nsPIW AMfe : OMCR NMC TAXPAYER NAME/AOOR '• ■ . # • ♦ n» AMR CMCR NAME TAXPAYER NiME/AMR PROP AMR CMCR NAME TAXPAYER NAME/ADOR PROP ADDR OltCR KAHE TAXPAYER NAME/ADDR PROP AOOR CMCR NAME TAXPAYER NAHE/AODR PROP ADDR CMCR NAME TAXPAYER NAHE/ADDR '.A SR I7-117-U 44 0004 OtSRO SHAOYHOOO RO MACS BAPTIST CHURCHi>TMVARRE north central CBA7E40 UNXVERSZTY AVE N B fllO PRZOLEY m 554S2 J A ^ SR 17-117-ES 44 OOSl OEE7S BAYVXEN PL JANES R ANDERSON JANES R ANDERSON 2275 BAYVXEN PUCE HAYZATA m 55S91 SR 17-117-2S 44 OOSf D3S20 NAVARRE LA UtnUHE L D0D6E ADRIAttC L DODGE SS20 NAVARRE LA HAYZATA H4 5S391 SR 17-U7-2S 44 0074 02SS4 SHAOYHOOO RO JOHN C A BARBARA E ERICSON JOHN A BARBARA ERICSON 1420 SHAOYHCXW RO HAYZATA MN 55S91 SR 17-117-23 44 00B4 02350 OLIVE AVE NANCY C RUST NANCY C NELSON 2350 OLIVE AVE HAYZATA rt< 55391 3S 17-117-23 44 0099 00030 ADDRESS UNASSIGNEO CITY OF ORONO CITY OF ORONO PO BOX 64 CRYSTAL BAY 55359 HEMCFZN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY (MCRS LISTSR 17-117-23 44 0007 02364 SHADYHOOO RO GRACE RAPTIST CHURCH/NAVARRE GRACE BAPTIST CHURCH/lUVARRE ZSRO SHAOYHOOO RO ORONO Ml 55391 3R 17-117-23 44 0032 0003B ADDRESS UNASSIGNEO GENE AND SHERYLL BLOCK GENE AND SHERYLL BLOCK 2305 BAYVIEH PLACE HAYZATA m 55391 SB 17-117-23 44 0060 03324 NAVARRE LA BRETT HALLONQUIST BRETT K HALLONQUIST 3324 NAVARRE LA NAYATA HN 55391 38 17-117-23 44 0077 033^6 NAVARRE LA GRACE BAPTIST CHURCH/NAVARRE GRACE BAPTIST CHURCH/NAVARRE 2380 SHAOYHOOO RO ORONO HN 55391 38 17-117-23 44 0085 03340 SHORELINE DR VOYAGEUn SERVICE CENTERS INC VOYAGEJr service CEtlTERS INC P 0 B0)( 65 NAVARRE HN 55392 38 17-117-23 44 0100 03382 SHORELINE DR GLASS ll PARTNERS GLASS ll PARTNERS 14600 28TH AVE N PLYHOUTH NN 55447 .uREPORT NO. P14S5401 PAGE 1938 17-117-23 44 000902377 SHAOYHOOO RO HARCEL S DITTRICH HARCEL DITTRICH 2377 SHAOYHOOO RO HAYZATA HN 55391 SB 17-117-23 44 0033 02305 BAYVIEH PL R N STELLING ETAL GENE H BLOCK 2305 BAYVIEH PLACE HAYZATA m 55391 SB 17-117-23 44 0063 02344 OLIVE AVE J L CARLSON A H R CARLSON J L CARLSON • H R CARLSON 2344 OLIVE AVE HAYZATA 55391 SB 17-117-23 44 0078 00038 ADDRESS UNASSIGNEO GRACE BAPTIST CIIURCH/NAVARRE GRACE BAPTIST CHURCHyNAVARRE 2380 SHAOYHOOO RO ORONO Ml 55391 SB 17-117-23 44 0094 OOOS8 ADDRESS UNASSIGNED HtftCPIN FORFEltEO LAND HElBCPlN FORFEITED LAND 1f ‘ }.U • #♦ ■ y ’ 4 . i I • I*, 9. t 'A'* . ll* ♦ . t M ’ • ! ; \ . >4 •* . ' #.• .-N- ' • . *» * i ^ . ’ ■% • ‘ " I. . V .-..VT •; • . » tit « ' * * s. V ' ‘ '• y '.-y.' *. 8 i!.-. ■ I .8 ■ *4 38 17-117-23 44 0101 03360 SHORELINE DR Lie KOEHNEN Leroy a carol koehnen 26020 VALLEYHOOO EXCELSIOR Ml 55331 ••• T,' ‘. • -?.v • I * •. ■■ » * ' ' V ■ M% I . HEWUMM CttMTY MOPCRTY XHTORMATION SySTlH WOPfRTY OMCM LISTU 17-117-XS 44 OlOC OUaS SHAOYHOOO RO » M 8CMMX0T « S J SCHMIDT STERMtN H SCNraor NME/AOOR RSRft SNAOYMOOO RO BOX li NRYZATA m 55391RROR AOOR (MCR NAMtaxpayer• I U' PROP AOOR CIMER NAME JARIBO XNC TAXPAYER JARXBO INC 58 t0-117*t3 11 0017 01455 . 8NADYN000 RO NAME/AI PO BOX «5 NAVARRE MN 55391 .1 ™ *• 11 0039PROP AOOR OOOSB AOORESS UNASSICNCO w NAHC/ADDR 71B CO RO 4 KAYZATA MN 55S91 ^ A ; . } f # ’ ^ K* • * • If ^ . . • 1 . , * • V .' .. V^. »♦* • Vr • -i* . • • ••' • « m* 4 • f 18 20-117-lS 11 000202420 SHAOYHOOO RO V0YA6EUR SERVICE CENTERS V0YA6EUR SERVICE CENTERS CO RO 15 A 19 NAVARRE Itl 5539218 20-117-23 11 0024 03333 SWMELINE OR HOT COMPANY SUPER VALU STORES INC CORPORATE TAX DEPT PO BOX 990 MPLS N4 55440 TOTAL BATCH 503 00025 REPORT NO. PACE58 20-117-23 11 0015 02445 SHAOYHOOO RO 1ST NATL BAMC OP NAVARRE 1ST NATL BAPK OP NAVARRE CO ROAO 15 A CO ROAO l9 NAVARRE m 5519258 20-117-23 11 0034 02500 SHAOYHOOO RO PRESHHATER POUNOATION FRESHNATER POUNOATION SPRING HILL CENTER 725 SIXTH AVE N HAY2ATA M4 55391 P24SI401*A • i'• f » ReSwSSJ auS J?^NfSJSAnS^S'?f “A}JEAS TM?!I?e*S lH^REtOROS DATE Cfs') 4 #» r -s.]• ...-rv.vu • V . » Tl‘, ■ ^ im . ■ • • i- • I ;.v- • . ’'v;Vf:V- . *4 • • • ' » . v>y.;ir!v • • *47 •• '■ ,■ .:\i M. • * • . ..' ••• t *•*•. .• • • % *• A. . \ .. ^ •: i:*'u - '■ V. ■' ■■ -pW\ -Aif • - r!V-- 4^7. -4 • ’>?.v CITY OF ORO^O 2750 Kelley Parkway, P.O. Box 66 Cr\'stal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold a scheduled public hearing in the Council Chambers at 2780 Kelley Parkway on Tuesday. Februar> 20. 1996 at 8:00 p.m. on the matter of John M. O'Sullivan's petition to vacate a portion of a public road known as Navarre Lane and legally described as follows: That part of Tract A. REGISTERED LAND SURVEY NO 1433 described as follows: Beginning at the most northerly comer of said Tract A, thence southeasterly along the northeasterly line of said Tract A. 33.08 feet, to the intersection with a line 33.00 feet southeasterly of and parallel with the northwesterly line of said Tract A; thence southwesterly and parallel with the northwesterly line of said Tract A. 279.64 feet; thence northwesterly to a point on the northwesterly line of said Tract A. 253.03 feet southwesterly of the most northerly corner of said Tract A; thence northeasterly along the northwesterly line of said Tract A. 253.03 teet to the point ot beginning. The application also involves conditional use permits, a commercial site plan review and a side setback variance for construction of a Class II restaurant, convenience store, motor fuel station and car wash at the property located at 3340 Shoreline Drive. The restaurant with drive4n window, convenience store and motor fuel station will be contained in one structure. The car wash will be located in a second structure on the property. All persons wishing to be heard will appear at the specified time. Written comments are solicited. Plans are available in the City offices for review, by appointment. City of Orono Bv: Planning Commission n {L . // / (Tc* f 1 •VJ Jeanne A. Mabusih. Building & Zoning Administrator To be published the weeks of February 5 and February 12. 1996 '.i-w —- *♦ / 'i r * mortgage /Ml* Form No. 43-M s om :o-I m O vO vOcn m O 3^P I F ? a s o 11? (fesetved lor mofigage tegisKy u» paymenl datal MOBTCAOE REGISTRYTAX due HEREON: % 5 on o -n ? -*1 - ^5 -4 rnI?rn X _ CO C O 2 (P 2 m c/3 MiUo*D«v» Co., Mianapobi (10*3-16) ^liiMMf— Um/onn Con>«y«»at BUnki (1916^ o« V .*4» j WKIUtmii£3 I rj 0 r (fgservcd for recording dat3) THIS INDENTURE. Made this — between-----------VnyflOP'ir Sp.r^^Lc^ d? .day of - - - . 19S5_. k mrp^T-at.inn- - --- - - - - - , Steven M. Martin and Christopher J. Dunla£ Mortgagor (whether one or more), and- - - R4 rvAA /tl/IlP unde, the laws of Minhe^ W.ffESSETHJatMoya^o^^^ ■ —----------------------- I . 11 M _____ fUa *-or*pint whprec Clcc a 6^ Mortgagee (whether one or more). u heteby;o Mortgagor in hand paid by Mortgagee.^the rpccipt w ere Countv Minnesota, described as follows. Mortgagee, forever, real property in --------- ^ Tilleo CountV Ot Traci A. Registered Lartd S-ey Number 1433^ Files ^ 5 SSarKs Hennepin. Part of f^^aCments'^for sighl comers for h^S^Sei; “erpo^e^Tnp of ^ in Book 1853 of Deeds, Page 143, 2\32«^ ^ « aT^.;rat^Tn"L°ok 1^3 of Deeds, Page 143, Document No. 2632442. 1/1 Bonestroo Rosene 5RS Anderlik & ^1 Associates Engineers & Architects Bonestroo. Boieoe. Anderim Jnd Atsocietet. mcif «n AMiotiative Attwn/ EguJi Opoomnty Employer Otto G Bonestroo. P E. Booert W Rosene. P E * Joseph C. AnOertlli, P E Marvin L Sofvaia P E Richjfd E. Turner Gterm R Cook. P.E. Thomas E Moyes. P E. RoOert 0 Schunfcht. P E Susan M Eberlin. C P A • • Senior Consultant February 8, 1996 Howard A Sanford. PE Keith A Gordon.. P £. RoOert R Pfefferle. PE Richard W Foster. P E David O Loshoia. PE RoOert C Russek. a i a Jerry A Bourdon. P E Mark A Hanson. P E Michael T Rautmann. P E Ted K Field. P E Thomas R Anderson. A I A James R Rosersmerkei. P E Donald C. Burgardt. P E Thomas A Syfko, PE Frederic J StenOorg. P E Ismael Martinez. P E. Michael P Rau. P E. Thomas W Peterson. P E Michael C. Lynch. P E James R Maiand. P E Jerry D Pertzsch. P E Scott J Arganek. P E. Kenrseth P Anderson. P Mark R Rolfs. P£ Mark A Seip. P E Gary W Morien. P E Paul J Gannon. A I.A Daniel J Edgerton. P E. A Rick Schmidt. P E Dale A Grove. P E Philip J Caswell. P E. Mark D Wallis. P E Miles B. Jensen. P E L PhiMip Grzvei. P E. Karen L Wiemeri. P E Gary O Kristofttz. PE Briars K. Gage. PI F Todd Foster. P E. Keith R Yapp. P E Douglas J Benoit. P C. Shawn O. Gustafsorv PI. CeciHo Oihner. P E. Kent J Wagner. PE. Paul a Hcuer. P L John P Gorder. P E. Dan O Boyuiw PX Jeffrey J Ehlertrsger. P£. Joseph R Rhem. PE. Lee M. Mann. P E Charles A. Erickson Leo M. Paweisky Hanan M Olson Agrses M Rirsg James f Engeihardt .\ls. Jeanne A. Mabusth, Building and Zoning Administrator City of Orono Post Office Box 66 Cn'stal Bav, Minnesota 55323 Re; O’Sullivan Site Plan File No. 139-2107 Dear Jeanne. We have reviewed the survey and schematic design for the proposed commercial development located at the northeast corner of Shadvwood Road (CSAH 19) and Shoreline nrivp irSAH in Navarre. The development includes a 90 foot mini-tunnel car wash.Drive (CSAH 15) in Navarre. The development includes a 90 foot mini-tunnel car wash, a family restaurant with sit down and drive-thru food service, and an O’Sullivan Convenience Store/gas station. The proposal includes a request to vacate the east half of the existing Navarre Lane right-of-way. A second phase will be pursued soon to develop the adjacent church property with a retail and office developr...-t. There are several issues that need to be addressed relative to engineering matters, and added to the plan set. J. I »ilities; The e.xisting sanitary sewer and water main to serve tnis pioperty are located Within the riaht-of-way for Navarre Lane. Serv'ices have been extended to the property, however it is likelv that the size is inadequate and new service connections will be necessary. Plans and specifications should be prepared for the service line connections, with as-built plans provided to the City upon completion. 2. Grading: The topography shown on the survey is correct. A grading, drainage and ** erosion control plan should be prepared that shows both the existing and proposed contours, building locations and elevations, and erosion control measures to be used during construction. Details should be provided for the proposed landscape/retaining wall shown along the northeast properU’ line. The retaining wall should have a fence along the top if it exceeds a 3-foot height. It appears that the construction may e.xceed the property limits which will require easements from the adjacent property. 3. Drainage: Fhe site drains naturally to DNR protected wetland basin #27-912W. Tlie drainage plan for this development should include stormwater ponding to treat the runoff leaving the site. The parking lot should have storm sewer for proper drainage. Drainage and ponding calculations should be provided for our review. Some type of skimmer structure should be included at the pond outlet. A detail of the outlet structure and pond elevations should be shown on the plan. Tlie plans should be 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612-636-4600 Ms. Jeanne A. Mabusth City of Orono Page -2- February 8, 1996 submitted to the Minnehaha Creek Watershed Dist;ict for the'' review and approval. 4. Traffic: Our preliminary review raises numerous concerns about potential traffic, access, vehicle queue and internal circulation problems within the site. Hennepin County traffic engineers should review the site plan to determine the traffic impacts on CSAH 15 and 19, and the signalized intersection. Their review should include the proposed access locations, work within the existing right-of-way. and whether or not additional right-of-way is needed in this vicinity. After receiving comments from the County, we recommend a meeting with the developer be scheduled to discuss these subjects. 5. Easements: Utility easements will need to be provided for the existing water main, telephone cable and any other e.xisting utilities located in that portion of Navarre Lane to be vacated. Drainage and utility easements should be provided 5 feet wide along the lot lines and 10 feet wide along the two County road right-of-ways. Drainage easements should be provided across all drainageways and ponding areas. 6. Parking Lot: The parking lot should be paved with concrete curb and gutter. The driving lanes within the parking lot should have a 9-ton pavement section for trucks. A geotechnical evaluation of the soils should be done in conjunction with the pavement design. Based on the existing soil conditions, the pavement section will likely require geotextile fabric. 7. Landscaping: There may be a need for a landscaped screen between the commercial development and the adjacent residential properties to the north and east. 8. Financial Guarantee: When the plans have been completed we will prepare an estimate of the total cost for the site improvements to determine the amount of the financial guarantee required. Please contact me at this office if you have any questions regarding this matter. Yours very tnily, BONESTROO. ROSENE, ANDERLIK & ASSOCIATES, INC. D. Shawn D. Gustafson, P.E. 3- I 3- 1 5 : 1 ' Pt-I FROM EOf ESTROO ' ^SSOC 612 636 1311 P. 1 1/ I Bonestroo Rosene ^=5 Anderlik & Associates Engineers & Architects March 13, 1996 Ms. Jeanne A. Mabusth, Building and Zoning Administrator Cin' of Orono Post Office Box 66 CiTstal Bav. Minnesota 55323 Bo-Ycuroo AruJeriik and Associjres. Iik. is a»^ Aff.im^iive Action/Eiuj< Opportunity Ernpioy^ Ono O Bor»#«troo. ? £ irope'^c W ftotvne r f • JosiTOh C Anje'liS, Mcirvtn L. SofvaH. Richard C Turrier. P C iferyn r.. Coo* P E rHo0r**% f Nov*s. P E ROOert G. 5chvin»chi. PI Suwn M Eoe^tfh. CPA.* • ^eruof Consultant •-luward A. S^irofd. PI iieicn A f»ofOi>A.. P f RciD*rt H P#erf«ne. P C Rfchjrd W Foster P£ Djvid O Loikota. PE Pooert C Pussei a i a J«#ry A. Bourd^. P £ Marn A. Namon. P C Michael T Rauxjmmvy P £ Ted K P*eHi P E. PV>r»»ai » AnOA« »«>n. A James P Posenmeriei Pt Donatd C Bu/gjrdt. p 5 Tbomas A Syfto PM. Frederic J Stent>or9, P C. itmTei Manmcr. P£ Michael P Rju P I. W Petersot Pf MKhaeiC lync^ Pk James R Maianu p I Jerry D, Pertx*Ch. P £. Scott J Arpanet. PI £enr»rfhP Anderson I VI P Poif j PE H A Vetp P £ Gary Morien. P I. Paul J Ganoon, aj a Daniel J Edgerton. PI A 014.4 S4.hmtdr P6 Dale A Or ove P £ Philip J Ca..we'l PE M/114 D a'dii > PE Vl4ie« B »en»e*^ P£ L Pivipo Gta«et. PE Katan L WIemen P £ GaryO FmtofiTi ®E Brian IL Gao*. P £ F Todd Foster P£ HettH R. Vapd. P k Oougtat f. Benoit. PI. SJsawn O Gustafsvn, p|. CecMiO Olivier P£. J. VFieQoer. P f. Paul G. Heu*f. P £. John P Ck>/Jet P £ Oart D Bovum. P£ reltrey J Cmerm^er Pf Joseph R .'hem. p £ Lee M M.v>n P £. •thjl lei A P; H. k Leo M P«w«tfthy MarJan M 0>ton A*jr»ci M Ring Jtnnes F Engemardt Re; O’Sullivan Site Plan File No. 139-2107 Dear Jeanne, We have reviewed the revisoil site presentation and engineering plans for the proposed commercial development loe\ited at the northeast corner of Shad\\vood Road (C SAH 19) and Shoreline Drive (CSAH 1.'^) m Navarre We liavo liad several recent nieelings with the applicants. Coinin' and City Staff. The plans have been revised to show changes discussed at these meetings and in letters dated March 6th and \farch Sth. 1996. from David K. Zetterstrom. Hennepin Count\' and Sheldon J Johnson, BRAA. re.spectively. Fite propo.sal is feasible from an engineering standpoint and we would recommend approval contingent on the following list of conditions; 1. Utilities: Plans and specifications should be prepared for the semce line connections, with as-built plans provided to the Cit>’ upon completion. The Public Works Department should discuss any potential problems associated with the additional cover over the existing water main. W 2. Grading: A grading, drainage and erosion control plan should be prepared that shows both the existing and proposed contours, building locations and elevations, stoimwater pond and erosion contn-l measures to be u.sed during coiistniction. A wetland delineation should be done and the wetland limits should be .shown on the plan. Details should be provided for any retaining walls. Easements should be obtained tf any grading is done outside of the property limits. 3. Drainage: Plans should be jircjiared for the pond outlet and storm sewer. Drainage and jjoiuling calculations sliould be provided for our review. Minnehaha Creek Watershed District review and approval is necessary'. 5. Kasemenls: Utililv easeinent.s will need to be provided tor the existing water main, telephone cable and any other existing utilities located in Navarre Lane. Drainage and utility easements shoiil ' be provided 5 feet wide along the lot lines and 10 feet wide along the two County road right-of-ways. Drainage easements should be provided 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612-636-4000 3-13-1 S96 5.IOPM FPa-l Ba^ESTPCXD * ASSOC 612 636 1311 P. 2 Ms. Jeanne A. Mabusth City of Orono Pagf -2- March 13, 1906 across the proposed ponding area and storm sewer in Navarre Lane. A 7-foot casement for trail purposes should be provided along Shoreline Drive. All easements must be provided by separate document as this will not bo platted. 6. Parking LoU The parking lot should be paved with concrete curb and gutter. The driving lanes within the parking lot should have a 9-ton pavement section for trucks. A geotechnical eval^ition of the soils should be done in conjunction with the pavement design. 8. Financial Guarante * I he applicant’s engineer should provide an estimate of the total cost for the site iinpi- .'iiieiits for our review. We will determine the amount of the financial guarantee uqi.ircd. riea.se contact me at this ^ .c if you h.ive any questions regarding this matter. Yours ver\' tndv, BONESTROO. KOSENE. ANDEKLIK & ASSOCLVTES, INC. M 2b Shawn D. Gustafson. P.E. 1/1 Bonestroo Rosene rS Anderlik & Associates Engineers & Architects goor wroo. ffoscnc. AnderHfc ar>d Associjcei. ioc is jn Affirmative Action/Equal Opportunity Employer Memorandum To: Copy To: From: Date: Subject: Otto G. tonestroo. ^ E KoOert W llosene. f C * Joseph C. AnoerMt. ^ E Marvin L Sorvata. P E Richard E. Turner. P E Qlerm R. Cook P E. Thomas £ Noyes. P E. tooert G. Schunicm. P E Susan M. Ebenin. C P A • • Senior Conioitant Howard A Sanford. P E keich A Gordon . P E Rocert R. Pfeff erie. P £. Richard W Foster. P E David O. Loskota. PE Robert C. Ruiiefc. A i A Jerry A Bourdon. P E Mark A. Hanson. P E Michael T Rautmarm. P E. Ted A Fie*d. P E Thomas R Anderson. A I A James R Rosenmerkei. P £■ Donald C Burgardt. P E Thomas A Syfko PE Fredenc J StenOorg. PE Ismael Martinet. P E khchaet P Rau P E Thomas tv Peterson. P E Mtchael C. Lynch. P E James R Maiand PE jerry O Pert/sch. PE Scott J. Arganek. P E Kenneth P Arsderson. I Mark R Rolfs. P E. Mark A Seip. P E Gary iV Monea PE Paul J. Ganrson. A I.A Oamel J Edgerton. P E. A Rick SchmuJl. P E Dale A. Grove. PX PfMitp J. Casweil. PE Mark O VRaiMs. PE Miles S. Jensen. P E L Phillip Gravel. PE Karen L Wiemeri PE Gary O Knttoriti. P E. Brian K Gage. P C. F Todd Foster. PE Keith R Yapp. PE Douglas J Benoit. P E Shawn D Gunafson. P E. Cecillo Olivier. PE Kent J Wagner. PE Paul G Heuer. PX John P, Gordee. PX Dan D Boysjm. PX Jeffrey J. EMecmger. PE Joseph R. them. PX Lee M Mann. PX Charles A Erickson Leo M Pawelsky Harlan ML Olson Agnes M. Ring James F Cngcihardf Jeanne Mabusth City of Orono John O’Sullivan Jlin Coen Glenn Cook Sheldon J. Johnson Transportation Group^^dfei March 8. 1996 Proposed O’Sullivan Development - County Road 15 Pursuant to the request of the City and following a meeting that the project developer had with City staff. I have met with Messrs. O’Sullivan and Coen to discuss the proposed Restaurant/Convenience Store/Carwash for the property along County Road 15. The purpose of the meeting was to discuss the proposed on-site traffic circulation and parking for the project. During the meeting, we reviewed the site plan dated February 27, 1996 with changes that hud been suggested at a meeting a day earlier at the City offices. Following review and discussion, the changes, additions, revisions, that we would recommend are illustrated, in sketch fnrm, on the attached copy of the site plan. We would ask that a review of the changes, once prepared on a revised site plan, be provided to us for our final review. The confieu*^ation of the site makes it a bit difficult to provide a traffic circulation system that does not require some additional signing and striping. However, the revisions shown should allow for traffic to function as effectively as possible given the land uses proposed on the site. We discussed locating the carwash in the northerly corner of the site but the developers informed us that the residential uses in that vicinity may find the carwash noise obtrusive, llie proposed location of the carwash will have, according to business e.xpectations provided by the developer, adequate vehicle storage for the carwash entrance so as not to create any unmanageable traffic problem on the site. The location of the entrance art » is acceptable given the proposed placement of the cones/pylons and the overhead signing shown on the 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 The westerly side of the site should have a roadway centerline, pavement arrows, and a crosswalk painted as indicated on the attached sketch. A sidewalk and railing protecting persons coming in/out of the restaurant on the northwesterly side should be provided in a general manner shown on the sketch. It is not unusual or specifically unsafe to have a restaurant entrance/exit located in the area in front of the drive thru pick-up window. This situation exists at many drive thru type restaurants and no particular safety hazard has been noted. The provision of the sidewalk and protective railing leading to the painted crosswalk will offer a higher degree of safety and is recommended. As mentioned previously, the site configuration provides that additional signing and pavement markings be provided to help patrons move through and within the site without undue confusion. If there are any questions and/or concerns, please do not hesitate to contact me. attached sketch. The carwash exit design should be modified as shown on the sketch in order to move this exit farther from the access driveway to/from County Road 15. rii TI W*M-■ ••«/T —-1^ \-l“ (Xii. i HAHOCO v !« CAi anAIlON*! 1<—t waam «■ ••• JM1 •tf aHM i—m • DM i» •«ih mmtfi m»m im 1 •iti •/•«•• t *4i •IIGHIINC WOTtS.nr m»-^mmrn m •«« % i« t» •« ••! mm0»^ m0m tmmmtmm m • » mmt • '••>> immm ,im m>.9tmm m • ( «MI mm rW» mm m tmmm COcvi PMWINC OUCUAnONS. .%m •• »*■ • *•<I I* 9mg% tmm «■ • «oi / I «i^ aa • iM • ^ • I m» / ••• • •> WOI tt • il . • MU Itel flMi 'JtilJr' — mmrnj^ > mmrn • »—•» *aHC ■• ■ ( *■ ■I »«»•» ir«i» • • *1 ^ I p«4t auk • •• • «■' Sitf r^NTRA* >*OTrS «0««« •«* a «« X • 1 —« ua — « »*«i« «ma« tw— an _______ a —n «i mmam an a am « SITE PLAN - SUBMITTAL ,wii -S3uS niff f I ^ allj ^ 2 ' ^ il 5*^, . N -a V Kt ly ? a -;runu-] V' • m -1 iV'-r X^- •J'-Tjr*.--^ * .> •. f . -* ••_ . • «., V. ^ V- .? •_____' /'r A•■ • ^ -- ’n. • - 4 . - •. •- • • •■• • ..mj-m __■' . /:_____ - * ^ . Pr^iminarv Plan Review Notes . . .- - - - >- ^ -.-*- - -r-'i—w;•'u:~- *;v^ i-.:. ..'- ...:: * ‘ “ . rT:---Trr-''jr‘~;-r:.'iTTi" 'ri:::r^^ «. ^ Address; 3340 Shoreliiw Dr. .riT4 _ . • .^ • 5"a'. .... ^ > .. ^ put ...» '* *C»-* -M. •._ Tj t *. - «S« vi» ^X»»rv *.« » .«• <e*»< ^ .w*»»»■•. i». ■ ■ n Myi.ii..i^» ______ 11*1^ Ovmcn'John*0'SulIivan and Erwin Smith ' ..•; .*. * sProposed project; Restaurant, convenience store and car wash Inspector; Lyle Oman, Building Official Note; This preliminary plan review is based on partial plans to reveal any major obsticals, complete plans will be required and reveiwed for the issuance of a building permit. Restaurant; Occupancy classification; A-3 Occupant load; Dining area; 1584 sq. ft. @ 15 occupants per sq. ft. =105 Kitchen area; 1140 sq. ft. @ 200 occupants per sq. ft. = 5 Total= 110 Construction type; VN Location on property; acceptable Allowable area; acceptable Height and no. of stories; acceptable -Special requirements; Fire sprinkler system Convenience store Occupancy classification; M Occupant load; Store area; 1713 sq. ft. @ 30 occupants per sq. ft. = 57 Office area; 440 sq. ft. @ 100 occupants per sq. ft. = 4 Storage area; 584 sq. ft. @ 300 occupants per sq. ft. = 2 Total = 63 Construction type; VN Location on property; acceptable Allowable area; acceptable Height and no. of stories; acceptable -Special requirements; Fire sprinkler system Car wash building Occupancy classification; S-3 Occupant load; 2160 sq. ft. @ 200 occupants per s.,. ft. = 10 Construction type; VN ... . Allowable area; acceptable Height and no. of stories; acceptable • ' " ^ ' -Special requirements; Exterior wall less than 20 ft. from property line must be of one hour construction, and openings must be protected less than 10 ft. from property line •r-'-----T •p* «•• • . «r, • _ V A •• B=a«K.«(>%/.*■ 'C*c' *r.* -»*»••*»,z;.-.V.W\Y.: .,.v.-v.u’ •: • • ,y ■*-%* -w -n * .A. "l, W -i*» Jb'-J t'r. *rtm. ,n ■• . .. • w > * • •< «-, rtt ^ ^ X■» “ ^ ' * ‘^. » - T^ *••■* •*■•'> ' * /• ..4T-»r H\,.*4...^. ^ ^ —----------- ii,T i| ipHiL]ij;yii||i_nf • M . • . «■» -' -•>•*» » - m. ■ ^ ^ .—• • • »> X. ^C. ' ‘ **“ ••*'• .*£if- . . -'*. •..7 -?;Z£I:r • • ••». »r '• •*\T — ■* **..*• •m^. i-r j*iiti-.:5..''!-^-r rr* V-s#' T-r^r^OT^'TCkxupancy classification; S-3 * V- :. *. • • • 4* ■'; Constraction type; VN Occupant load; ■ 4050 sq. ft. @ 200 sq. ft. per occupant = 20 -Special requirements; Motor vehicle fuel dispensing stations, including canopies and supports over pumps shall be of noncombustible fire retardant wood or of one hour construction and must have a clear unobstructed opening of not less than 13ft. 6 inches -No fire protection required ^ •• SAC Determination The applicant is required to submit plans to Metropolitan Council Waste Water Services for actual determination SAC but SAC units are estimated as follows; Restaurant; Assuming fast food use, ( disposable paper plates, glasses and silverware) 88 seats @ 22 seats per SAC = 4 SAC units Store; 2500 sq. ft. @ 3000 sq. ft. per SAC = 1 SAC unit Car wash; Estimated 170 washes per day at 50 gals per wash = 8500 gals per day 8500 gals per day @ 274 gals per SAC = 31 SAC units Total SAC units = 36 @ $900.00 per SAC unit = $32400.00 • • * 'fc •* •• • « .^• • ••-T *•. a . ' ..r. • r - - r ■gpr" SETBACK ZONE: (CIRCLE ONE) 0-75* hardcover calculation worksheet 75-250* 250-500* '.Ik'lll hardco ver in zone House Wkfth X X X B. Garage C Dnveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other total hardcover in zone total property area in zone - B ___X 100 pROPQSFP HARPfTQ^^^ ZQfif£. A. House __ Length Width X X X B Garage c. Driveway varies X X vairies D. Sidewalk X X E. Patic/Dcck X X F. Landscape Underlain By Plastic X X X G. Other total hardcover in zone total property area in zone 1?7 “ ------------ X 100 127 127 44^ S.F. S.F. S.F. S.F. S.F. S.F. S.F, S.F. S.F. S.F. SF. S.F. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. __; S.F. ___S.F. fl.67 ____ S.F. A S.F. B % A B I .■ t... r. . • • ....V.■ rrttUI. - A 4«- # # 4 # % « 41 M * A » 4 4# •» % » « More and more gasoline stations offer to^ fill you up when you stop to fill up your car Bw Arn« r.>n« Eorics — cigarettcs and beer — are not that serv ed cold food only.By Christine Arpe Gang Memphis Commercial Appeal gories — cigarettes and beer — are not that served cold food only, growing." said John Cooper, branded food manager for NL^PCO Express, a Memphis. Tenn.. chain. "Soft drinks are. but we need something else. The whole take-out. take-home food area is high-growth.” During 1995. MAPCO teamed with Blimpie International, a submarine sandwich chain. 0 m m m 4» • 4 % 4 •lr, H % « 4 4 4 4 4 % t 4 « 4 T t’s becoming easier to find a cook I on duty at a gas station than to find X a mechanic. That’s because convenience stores that also sell gasoline are trying to lure customers inside with home- style foods, delicatessens or familiar fast foods. And businesses that were Oatlnnc havP real estate basically gas stations with small conve- StatlOHS Uave TCai eSiaiB nience sections arc jumping on the "Thi» r.ict-fppciers are interestei bandwagon. "It's not a trend, it’s an avalanche.’ said Harry Murphv. director of techni cal services for the Service Station is dnven oy interest rrom ooin siues ui ••• ---------------- Dealers of America. "Some companies the equation; ’The vendors of fast food station/ __^tAm nnri nfhpr« are looking to increase their market There aren t many McDi share, and our service stations- convenience stores have prime retail ’The fast-feeders are interested in teaming with our industry because we have the real estate. ” Cooper said. Different arrangements "All the major convenience stores are offering more food.” Sartain said. There are "all kinds of different arrangements" bet\;een the gas and food purveyors. Headrick said.' me gas-station owners are gening liieir own fast-food franchises. Some lease space to deli or fast food businesses, and some simply make deals with sup pliers and open their own delis. In the last year. McDonald’s Corp. announced its intention to team with are adding their own delis, and others are going into partnerships with com panies like McDonald's. Subway or Burger King." 1 he trend is as hot in Mirmesota as it is in other parts of the country, said Greg Headrick, executive director of the Minnesota Service Station and Convenience Store .-yssociation. Murphy said oil companies have found they sell far more gasoline in units with convenience stores than in those with service bays. I'e the real estate. Cooper saia. announceu us uuciiuuu lu u-am Headrick said the move to fast food both Amoco Corp. and Chevron Corp. is driven by interest from both sides of in developing fast-food outlets as gas “TtiP vpn.tnr*; nf fast food Station/ convenience stores. "There aren’t many McDonald’s or Burger Kings (in gas stations) in Min- convenience stores nave prime reiau nesota yet. blit they re coming. Head- locations; it’s easier to incorporate fast rick said. \ou will find \Vliite Casue, food into one of those sites than to find Subway, Taco Bell and other outlets in ^ a___1 .L- . r____J camrir'o ctntirin«i iimiinH fhp StiltP HOW.a new site. And the food offers new traffic for service stations.’* Starling at 5 a.m., breakfast cus tomers file into At the Market No. 2 in Memphis. The compartments of the t ^ ^ ^ A t 1 1 1 A ^ ^ f — - -- service stations around the state now, he said. According to the National As sociation of Convenience Stores (NAGS), prepared food accounted forMempnis. i ne compariineiub ui uic ------------ large steam table are filled with scram- 1 1.9 percent of all sales at convenience bled eggs, grits and several kinds of stores in 1994. That was up from 10.4 breakfast meats. In addition, there*s a percent in 1992. warming cabinet with ready-to-grab biscuit sandwiches. At noon, a stampede of workers 1- ♦ •4 4 Cheaper labor "With service bays, you take in 20 cars in the morning and that’s it." he said. "Cars are getting more technical. and equipment and training are uay c.t u..,^ .....,..y ------- expensive. Labor is easier and cheaper six entrees, a like number of vegeta to get for convenience stores.” ki..c ,-nrn muffins .mrl .i rminle of Repair business is increasingly going to car dealers and businesses that provide specialized service for brakes, mufflers, transmissions or tune-ups. Murphy said. Convenience stojes are turning to ‘Convenience stores want a more diverse customer base.” said Stewart Small, communications and informa- ^ -------------/----- 30 minutes for lunch, so they hit the pavement running." said lim Sartain. owner. Convenience stores are luming lu Sartain. who bought the store four selling prepared food as sales of their months ago. kept the successful hot most frequently purchased items slow, food operaUon just as it was. Previ- ir I'lrofxf rntp. nii5;ivHpowmpd 3 converuf*nce slorc At noon, a siampeoe oi woiKt-rb oiuau. ------- from a nearby industrial park comes in lion specialist for NALb. It s Deen for Bertha lones’ home cooking. Every mostly blue-collar males, ages 18 to 24. dav she and two helpers prepare five or who come in for cigarettes or lottery six entrees, a like number of vegeta- tickets. To get a diverse customer, they bles, corn muffins and a couple of must offer what those customers want* homemade desserts. And the service is and prep^ed foods are the way to go. fast. “Most of our customers only have Headrick said that^ 51 frequently purenasea items siow. loou opeiauuu ju:>i u wa^. ritv*- In the long term, our largest cate- ously he owned a convenience store gr ’ • « now is ordering your food at the pump through the intercom. You go in to pay for gas and pick up your sandwich at tile same time.” — Distributed by Scripps Howard News Service. . , 4- "THE INNOVATORS" o- CONCERNED WITH CLEANLINESS SINCE 1932 January 26, 19:#6 John O’Sullivan PO Box 65 Navarre, MN 55392 Dear John: packages is the Maple Square Texaco, with which you re familiar. When I have the opportunity to meet with you and your partner IttkIh Tuesday. February 6, we can discuss these equipment layouts and a few others we have. I have also enclosed a layout which is very similar to the Maple Square Texaco but does have a few modifications based on some of our new product deve op- ments in the last couple of years. You mentioned you would probably be build ing in a 90 to 95 foot tunnel, which we find to be extremely beneficial in a frictionless or minimal friction system. The customized layout I am including wouTd be an ideal equipment package to wash 50,000 to 60,000 cars a year, which you feel you would be doing at your new location. That would be 150 to 170 cars a day. This equipment package uses approximately 45 to 50 gallons of water per car. I hope this information helps you for now. Sincerely yours, GRACE-LEE PRODUCTS bj/jm Enclosed 2540 Second Street N.E., Minneapolis, MN 55418-3474 • TELEPHONE 612-379-2711 • FAX 612-789-6263 , JUfci i Yi' T ■ Ultra Lite Touch CAR WASH SYSTEMS BY GRACE-LEE T.M. Staler Arch Drying Agent Arch Junior Hodge High Pressure Arch Clear Coat Anch Presoak Arch Front to Rear Mining Curtain with Attached Presoak Arch Detail Gun Area Rust Inhibitor munlnaled U (Sealer) Underbody Wash IDumlnatod Ute Bar (Rust Inhibitor) Tire Brushes with attached CTA Illuminated Lite Bar (Clear Coat) Illuminated Lite Bar (Underbody Wash) 0 Not to Scale \ Q_« • if. • ^ —t \f^r » f/ mf'y y ■■*•r. .« V** % ■ . J L I’ff ^ • ' (* V MM H I I ►i f • '■^tf'-'X •■'•■'I ? - ^ fc'f •. ^. \ iiyi;.i'J, im ml ^ ii I (»' yri |V>I *1 •;p< »& W^^-‘: .h' .^* ■* . . • 0 '•V'j ‘4 < '^,'i k- VcL. . .vf- ' •• LI lII kt: ci i-i i;i m-i: ^ ' 0» :r'. •\>*’'^.» L?i . ^ Hi'; «r; j.\m ^DIVHPt wtr.ar^ ri4 r.J-.* • t/\*.r - i;mmt/iI 3 3WK5S r V Jk PIh fs , * ;i .. i ,.i 1. ;. ii* ^J ’-'^'diiitit'i^SS'Skti IM t#S##i rill ### r»-*.fr»V' •X-5 » ^ liCliil * i4t' j’S ■lHr*3^ s * ^ \ n \ \ 1 ', KHm '*■ n J'r i ’ * * ■ Vt*'' ** *• ' • • -. H V M ♦ * . / VI ;.. 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X ^ ^ Tl :a c O- n 3 a*w p 3 O < o cr oa -i ■-r- 3 Ci a p p rta D 3 c tJ c D a a fT C OQa z c X cu 3T 3 ? § •-t 3 C ci- 7T ^a < c > CL ^ ^JQ "T3 ^ azc o a- n paa- pca O u# « *3 *-* o 3!I ^ u> o Ji Ui vO lO jv) to X) bo O vC UI woodCJ c 3 D D S.3 3 3 «^ n> n> c > OCl^ W C/Q "Td ^ a a c r-t 115;Hennepin County JL An Equal Opportuniry^ Employer / iiui.' M K>uicN. ^ AJimru^rr .r February 15, 1996 S'?-" Ms. Jeanne Mabusth City of Orono Box 77 Crystal Bay, Minnesota 55323-0066 F£B i ^ 3340 SHORELINE DRIVE, CSAH 5 Jeanne: As requested, Hennepin County has reviewed the proposed development at the northeast corner of Shoreline Drive and Shadywcod Road, County State Aid Highways (CSAH’s) 15 at 19. Several concerns and observations were expressed as noted below: The atypical on-site traffic circulation and car wash entrance could con fuse drivers and might affect traffic in the driveways and, therefore, CSAH 15. This observation is especially problematic where the car wasn exH is in close proximity to the ingress side of the easterly driveway. The runoff from washed cars must be retained on-site to preclude icing in the driveway and on CSAH 15. Hennepin County will require extending the outside westbound lane along the site frontage to facilitate egress/ingress; this lane extension would begin with a 15:1 taper east of the site. Some additional right of way and/or easements should be considered to allow for bike paths, sidewalks, utility installations, etc. The current Hennepin County standard indicates a minimum of 40 of road right of way from renterline (preferably 50'), plus a 10' or 15 easement for other purposes. Apoarently there is aJequate right of way at the southwest corner of the site to accommodate a free right turn lane from westbound CSAH 15 onto northbound CSAH 19, but this situation should be carefully reviewed also. Thanks for the timely iriquiry and plea e call with any further questions or discussion. Sincerely, 1. David K. Zetterstrom Entrance Permit Coordinator Department of Public Works c: Jerry Smrcka, Henn. Co. Doug Mattson, Henn 'o. Bob Byers, Henn. j DKZ:mak 320 Wasiunuton Avenue South Hopk-.ns. .Mlnne^uta 55343-8496 (612)930-2500 KaX:161 2)930-2513 Tl)D:(612)930-2696 Recycled Paprr i ennepin County JL An Equal Opportuniry Employer i .. \| I vmiUA. I .'lllll\ -Sjlim ll'l Mt. I ■, »' -V>i?p ____ / •* March 6, 1996 Ms. Jeanne Mabusth City of Orono Box 77 Crystal Buy, Minnesota 55323-0066 O’SULLIVAN 3340 SHORELINE DRIVE CSAH 15 Jeanne: As discussed at yesterday’s meeting, the adjustment of the car wash building and exit further from the driveway en’ranee plus appropriate signage eases Hennepin County’s concern about potential traffic conflicts. We have also decided that relocating the curb along County State Aid Highway (CSAH) 15 is unnecessary. The existing roadway is 48 feet wide {ll' west bound, 26' east bound) so moving the striped centerline approximately 2 feet south will provide four twelve foot lanes. If the roadway were widened to the north, the surface would be inconsistent with a seam in the outside westbound wheel track, inviting maintenance problems. Therefore, Hennepin County’s requirements will only be the removal of the most westerly entrance and adding the proposed easterly one and extending the curb and gutter approximately 50' east of the driveway. If the City desires further improvements, they would certainly be considered, but we deem the above noted actions to be adequate. Please feel free to call with any further questions or discussion. Sincerely, / David K. Zetterstrom Entrance Permit Coordinator DKZtmak cc: Jerry Smreka, Hennepin County Jim Coen, JCJ Associates Department of Public Works 520 Wiishinyton Avenue South Hopkins, MinneH)r;i 55343-8496 (612)930-2500 FAX:(6121930-2513 TDD:(612)930-2696 Recycled Patrrr f t un - rttx iMote /0/x ^QLAXAicAjfi/TC ^A4 ©-•"^ / ’"* '^s^.l:i‘-ctk ^'S7f’20!7 *:T;7- rfSs DAN CI-AUS/:N General Director Phone 612-571 *7933 Fm 612-571-8017 North Central CBA 7260 Univcrsily Avenue Nli Suite no Fridley. MN 55432 Februtry 13,1996 Mr. John O^iiUi-ao Voyageur Service Centen, Inc. 2420 Shedywood Road Navarre. MN 55392 Dear Mr. O'Sullivan: 1 am writing in response to your request for us to grant an easement on our properly so that you con meet requirements of the City of Orono and Hennepin County. NCCBA will grant you easement for the purposes of creating a holding pond and grading so that you can meet their requirements. Sincerely. Deater Kile, Treasurer NCCBA Board of Directors DKit "Providing resources for church growth and church planting " •:. I. CONiT.ID:ti:7t'3711j MhF 13 *14:10 No.00*:- F .02 C. 1. Comtruction, Inc. Alf uwjiui. Mhmvst>ui .Vi.iriV pit; r,if(ti2 ?f>A 7u: y Dute: March 13, 1996 To; City Of Onmo Attn.: Jeanne Masbiisth 612-47.3-7357 Phone 6)2-473-0510 Tux Rc: Site Sign Permit Variance O’Sullivan’s Development Project Dear Jeanne; We respectfully submit the following signage inlomiation for your consideration 1. Or/r’erx menu board 2. Culvers pylon 3. Texaco ground pylon (Sim. to SuperAmerica) 4 (1) Culvers (on building) 5. („) O'Sullivan *v (on building) 6. (2) Texaco (on canopy ) 7 Carwash signage «. (2) Texaco (siwllcd out in letters) 4*.\6'24 sf 6’x6’ (.Approx.).36 sf 6’x6’36 sf 3’x5’ (Approx.)15sf 2’xl2' ea. (Approx.)48 sf 15 sfca. (Approx.30 sf 2’xl2’ (Approx.)24 sf 2’xl5’ ea. (Approx.)60 sf Approximate Total SI*:273 sf The above mentioned signs arc referenced on attached drawing by their cOiTCspondmg number. B.asc upon the lot line adjoining Highway l.S being the frontage ofthis property, we request a variance for up to 308 sf allowable signage for tliis development. Than); you for your c»>nsidciation in this matter. RespeclhjijbV. Robert I,. Thompson Prc^icWm RL'lVsjb HI ^ 5 a « a P u* ** ® o pf nTi’i finis ifSlf i a«SlfS ?»ol*feO —« msupWins S SS ‘ h.»o - ■^a-V«UiKaifa nc 5 O o< I NT«0r cftrry rnir ins oiumnc m^mo \ X [[ tr i l MMC MS mpmo MO tmt NOT* im€ um% or J>ZO s£> so O' U. ii!!!! ^ - 5 5 4 -5 Hisi^isa .28!I» 5rfrhimi |ifus - * !-*!* Idf?lf § \ X 4^ n t a i »’iif 5 S5 III i|,fi “i 4 nV\i *5 * ;a 88 {5 fn 2 Oz CO U1 r .'Vr —1 rn 1 *” 1K rn ?!' » » 14 s t o ■J 1 i :z: ? w zo m i ^m 1’ <1 ' 1 i k j oo O 2: U1 zo C:> 1 *n i•« 1— :i>1 • • pil !!i’»j 5« I n i r4: ^fx fc i< 1: ? e “«»^ i# 5* «H: (l^ -a-. * 8 i ®!|5 1 tf!f i i ; II '• i ! S s5 ! Vl^.^-«• ’ ' r'”ii f-V ..’ •' ' ■” j 1'- 55; I. i :r i: I ■. •* . I i li % 1C 1 I I Kitfor a«rrr r»««r rnis (mammc ms mnmo \ X ■V |&;v »•♦ .• •m • ■ V.Hi,* • * '• |!v-.J3 S'!. - - t 1 I . ;.U ‘ i '. iX* % V * •‘.c* • »• * • • •• •i•• - •• * •}Vi'.;.f5■■'.• ?;'7{V..‘ *.: * •• I i \ •* i *. , /• •■ r «s o«i4«NC ms mpmo rcr si^ffvncw 4M0 rNni net iMO(* tH( uun or 16 10 (?^) 9C n«l)(65)(6<) (63) '/ ?(76)(77)(78) 7<- 75 ■*‘‘> \/. 78 (bo)Ks' S l0^) t*'. ?(95) 5»n .1 in •« j in in jaJ»"oTTn ?(99) CSAfn%- ^ Ouliot * (18) 170 (15)' ^ ,-*"x6o 'iWinVp; i (102) r 104.5 ^ /'K ^7^4H70d J2' 111 31 I E ?9i 07 ) I946165-' 154.66 ..... M ■JI5 32 OOC t*0 2W5IC9 '.- -=> 266-J. Gl ficS 20 42 .61. 12 >J0*49\VI vti)^ LAFA)ISm 0.•V0/ •// u govt lot 6 .0Cl . • x7 L * . • . • *■ A SIORM SEWER DISTRICT BOUNDARY SrnOD! 01 STRICT PnilMnAOY HENNEPIN COUNTY, MINNESO O^MFRAI SFR'/rCFS OrrMpt^- REQUEST FOR COUNCIL ACTION DATE: 3/20/96 ITEM NO.: / Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2117 Thomas McCune, 1473 Bay Ridge Road - Conditional Use Permit/Variances - Resolution Zoning District: LR-IA Total area = Approximately 35,900 s.f. Brief Review of Application Applicants have filed a conditional use permit to allow the installation of a two-tiered retaining wall along the east lot line adjacent to County Road right-of-way. The existing two-tiered retaining wall at the northeast comer of the property was installed in 1987 after the 100 year storms of that summer. The bank shows signs of erosion. Applicants propose to continue the retaining wall over the remaining 90 ’ of the east lot line. There is an increase of approximately 90 s.f. of hardcover within the 0-75' setback area and the structure will be located 69' from the shoreline. The Planning Commission was in complete support of the application noting that applicants had proposed reductions in hardcover in an earlier variance review for the property. Hardcover in the 75-250' setback area is held at 26.7% and in the 250-500' zone 19.9% is proposed where 30% would be allowed. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the variances and conditional use permit as proposed subject to the findings and conditions set forth in the enclosed staff resolution. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution. \ 1 L A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUEDIVISIONS 1 (B) AND 2 AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 2117 WHEREAS, Thomas R. McCune and Martha H. McCune (hereinafter the "applicants") are owners of the property located at 1473 Bay Ridge Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22. Subdivisions 1 (B) and 2 to permit the construction of two-tiered retaining wall located 69’ from the Ordinary High Water Level of Lake Minnetonka where a 75 ’ setback is required. The proposed improvement will result in an increase in hardcover of 90 s.f. or 15.6% where 24 s.f. or 4.1% exists resulting in an total of 114 s.f. or 19.8% hardcover where none is allowed. Applicants have also applied for a conditional use permit per Section 10.03, Subdivision 19 that would allow for the installation of a two-tiered retaining wall at a maximum heiizht of 8’. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2117. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on March 18, 1996 and recommended approval of the variances and conditional use permit as proposed based upon the following unique findings and hardships: Page 1 of 6 a. b. c. f. There is a section of a two-tiered retaining wall at an approximate 8' height that runs for a distance of 24’ along the east lot line of the property. The existing two-tiered retaining wall was installed in 1987 because of severe erosion resulting from back to back 100 year storms. The properties to the immediate north also installed two-tiered timber retaining walls in 1987 to sustain bank adjacent to County Road right-of- wav. d. There are visual signs of erosion of the 90’ of bank that remains unprotected. e. There is an existing 2-3’ high timber wall that has been installed within the unprotected bank that is in a severe state of deterioration. The engineer has approved the engineering plans for the timber wall construction per engineering report by GME Consultants Inc. dated February 29, 1996. 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan ot the City. The City Council finds that granting a conditional use permit to allow the installation of a two-tiered timber retaining 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 o»- other danger to neighboring property, nor will its use depreciate surrounding property values and that the proposed level ot use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 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, Subdivisions 1 (B) and 2, and a conditional use permit per Section 10.03, Subdivision 19 to permit the installation of a two-tiered timber retaining wall at a maximum height of 8' and grants a lakeshore setback variance of 6 or 8% and a hardcover variance of 114 s.f. or 19.8%, subject to the following conditions: 1. Prior to the City issuing a building permit for the construction of the retaining walls, applicants shall provide the following intbrmation to the City: A. Permit from Hennepin County Depanment of Transportation for work conducted within County right-of-way. B. Applicants ’ contractor to submit information on structural capacity of Helix Earth Anchors for review of City Engineer. C. Permit application to include planting schedule for plantings to be installed at first and second tier of retaining walls. 2. Applicants ’ contractor «;hall contact City staff at least 48 hours before installation of retaining walls. Applicants shall also be responsible for installing erosion control prior to construction and until walls are constructed and ground cover restored. 3. 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 building permit within one year of the date of Council ’s approval, or the special conditions of this resolution will expire on that date (March 25, 1997). Page 3 of 6 4.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authorir/ granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of March. 1996 ATTEST: Dorothy M. ilallin. City Clerk Edward J. Callahan, Jr.. Mayor Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foreuoing instrument was acknowledged before me on this 25th day ot March, 1996 by Edward J. Callahan, Jr. 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 6 1 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 dav of , 199 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 6 •VC..'!., Exhibit A Legal Description (As contained in Certificate of Title No. 74093) Tracts E and N. Registered Land Survey No. 192, Files of Registrar of Tides. County of Hennepin, State of Minnesota. Together with an easement for driveway purposes over Tracts LKL. R all in Registered Land Survey No. 192 as shown m deed Doc. No. 569.69, Files Registrar of Titles; Subject to an easement for driveway purposes over said Tract N as shown in deed Doc. No. 569269, Files of Registrar of Titles; Subject to a public easement in the Highway known as County Road No. 7 as to Tract E; E). Also known as PINS No. 10-117-23 34 0005 Page 6 of 6 To: From: Date: Subject: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator March 11 , 1996 #2117 Thomas McCune, 1473 Bay Ridge Road - Conditional Use PermitA^ariance Public Hearing Zoning District: LR-IA Total area = Approximately 35,900 s.t. ± Application: Applicant has filed a conditional use permit to permit the installation of a two-tiered retaining wall at County road right-of-way line. 24 lineal feet of a two-tiered timber wall exists at the north lot line. Applicant wishes to extend retaining wall an additional 90 lineal feet to south. Major portions of the wall are located within the 75' setback of the lake requiring setback and hardcover approvals. Pertinent Ordinances 1. Section 1 0.03, Subdivision 19 - A conditional use permit is required for the installation of retaining walls. 2. Section 10.22, Subdivision 1 (B) - Lakeshore setback variance for retaining wall. Required = 75' Proposed = 69' Variance = 6' or 8% 3.Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L-1) - Hardcover variance within the 0-75' setback area. Setback area = 575 s.f. Existing = 24 s.f. or 4.1% Proposed =114 s.f. or 19.8% Hardcover increase of 90 s.f. or 15.6% List of Exhibits A - Application B C D E F G H 1 Addendum Property OwTiers' List Plat Map Gustafson Report 3/8/96 Detail of Survey Locating Existing Walls and 75' Setback Line Hardcover Inventory 75-250' Setback Area Survey GME Report 2/29/96 Zoning Application *^2114 March 11,1996 Page 2 J-1-2 K - L - M - Profiles of Soil Exploration and Correction Cross Section of Wall Resolution No. 3651 Photos of Bank 1987/1996 Brief Review of Application In the summer of 1987, many properties within the City sustained severe erosion resulting from back-to-back 100 Year Storms. The City adopted an emergency ordinance that would allow immediate repair of eroding banks. The City did not require conditional use permits but encouraged property owmers to proceed with necessary repairs as long as the City staff was to issue land alteration permits covering improvement. The 24’ of wall that exists within ibis properly and the properties to the north were improvements conducted during the effective penou of the emergency ordinance of 1987. Review the photos. Exhibit M, there is an existing timber retaining wall within a portion of the 90 lineal feet of the bank that is in a state of deterioration. There are visual signs of erosion ot the bank. It is the applicant's plan to install the same treated timber walls constructed to the north. The Engineer strongly recommends installation of a modular wall as a permanent solution to the problem. For obvious aesthetic reasons, applicant wishes to proceed with the timber wall installation. Review Exhibit 1, the applicant ’s consultant has submitted an engineering report for a two-tiered retaining wall ranging from 6-8 ’ in total height. Gustafson asked for information on the structural capacity of the proposed helix eanh anchors to be used in the installation. He also asked that the City be'contactcd at least 48 hours before the wall is installed. We recommend that applicant present plans to the County Highway Department for their review as certain activities adjacent to County- ritihi-of-vvay will be conducted within portions of the right-of-way. A permit will be required from the County for all work done within the right-of-way of the County road. The wall will be located within the lakeshore protected area approximately 69' from the 929.4. The improvement will result in a hardcover increase of 90 s.f. or 15.6% within the 0-75 ’ area. Issues for Consideration 1.Since additional hardcover improvements are being proposed in the 0-75 setback area, should additional hardcover improvements be either removed or reduced in the 75-250 ’ setback zone of the property (refer to Exhibit G)7 Zoning Application #2114 March 1 1, 1996 Page 3 2.Should special landscaping be required at the top of the second tier of retaining wall to minimize danger to users of lakeshore yard ot property? Ceil Strauss of the DNR called to discuss the application and advised that since wall is located within the 0-75' setback area that some type of planting should be installed to minimize visual impact of two-tiered retaining wall from lake. 3.Are there other solutions to a two-tiered retaining wall? If bank was to be gradually sloped back from County road, major retaining walls would be required along sides to uphold higher elevations of adjacent properties. WTiat other solutions are available to applicant? 4. Other issues raised by Planning Commission. Options of Action To either approve or amend the current proposal. Any condition of approval must include the followimi conditions; Applicant to obtain a permit from Hennepin County DOT for work conducted within County right-of-way. Applicant to also include a planting schedule for type of plantings to be installed at first and second tier of retaining walls. City Engineer to review final grading and construction plan upon application for building permit. Applicant's contractor to submit information on structural capacity of helix earth anchors. Applicant's contractor to contact City stall at least 48 hours before installation of retaining walls. 4. Erosion control shall be in place during construction until groundcover is restored. Isv n T*- • • ¥4 Application # ^ Date Received 'c?3-*76. ./ ii 1 ‘ \ Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address /Y7S BAV g.i&6<g Property Identification Number (P.I.D.)__/<g - // 7- ^^ -----—-------------- applicant Name TH~0/r\ A $ Phone rhome) V 7 S ^ 3 3. V 5*_ Phone (work) 2f‘‘7Sr2,oa _ Address QI^SHPkJUH^Zip. OWNER (if Name Af Address Citv Phone (home). Phone (work)_ Zip 5 Date Property Acquired 5«g^PTifv^3^----^ I (do) ^do n^ also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - S 75.00 For each variance request with CUP application ” ^ SI75.00 Residential Accessory Use $250.00 Institutional (church, school, etc.) ' S225.00 Guest House-'Guest .Apartments ______$200.00 Duplex Credit/Bldg 5300.00 Commercial/lndustrial Use 5250.00 Land Alteration Grading and filling - designated wetland or floodplam Grading and filling - 101 cu. yd. or more ^ Grading, seawall, retairing walls within 75' of lakeshore PRD/PID - see Fee Schedule SI50.00 Renewal Fee (no change fi'om original application) Afier-the-Fact Fee - Double Current .Application Fee OTHER APPLICATIONS x c \ 5250.00 Commercial Site Plan Review (+ consultant fees) 5300.00 Vacation 5200.00 Easement Vacation 5100.00 Easement Vacation With Subdivision ' S350.00 Rezoning (PUD - refer to fee schedule) $350.00 Comprehensive Plan Amendment ^ SIOO.OO Appeals Other - see Fee Schedule PRESENT USE OF PROPERTi' Present Zoning District__^^'1/1 ------ Present Use of Property Residenuai _ Other (specify). i I REQUIRED SUBMITTALS 1. J. •%..1 P¥ ^1 .-<f A 4. Jt 5. 6. 7. 8. 9. Completed Application Form. ; v Describe request in detail. Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. » Attach legal description to application if not included on required survey5v_^Vcy^ 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 ownerfs). 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. /v7a 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. Applicant's signature 'Date OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for pu^oses of investigation and verification of this request. Owner's signature rs tor pu^oses ol mvesugation ai Date ^ A IlL 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. ^ f it J I j .c a '\ City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 Attention: Michael P. Gaffron Assistant Planning and Zoning Administrator February 20,1996 Dear Mr. Gaffron, We recently purchased a home at 1473 Bay Ridge Road which will be our principal residence. As you know,we have just received minor variances for side setbacks and hardcover (26.7% in the 75-250 ft. zone) from the Orono Planning Commission and Orono City Council. Enclosed herein is Conditional Use Permit application to construct (actually extend) a timber retaining wall in the 0-75 ft. zone (specifically in the 69-74 ft. zone) as shown on the enclosed survey. During the summer of 1987, heavy rains caused failure of existing retaining walls at the property lines along County Road 15 and caused major erosion and, in fact, partial closure of County Road 15. (See photos enclosed). In 1987, new timber retaining walls were built at 1461 and 1449 Bay Ridge Road, my immediate neighbors to the north, and at 1485 Bay Ridge Road, my immediate neighbor to the south. The wall at 1485 Bay Ridge was subsequently buried for personal visual reasons. Concurrent with the building of the wall at 1461 Bay Ridge, 24.3 ft. of the identical wall was built along my property line, but not extended the full 115 ft. total length of my frontage due to economic reasons. In recent years, feable attempts have been made with “stakes and boards on my hillside in an attempt to control erosion on the embankment.(see photos enclosed) This request respectfully asks permission to build a two tiered, engineered timber retaining wall on the remaining 90.7 LF of my frontage to complete the wall that was previously started. This ^^■all would retain approximately 8 feet of earth at the north end and 6 feet at the south end.There will be no change in grades.contours.or drainage as a result of this retaining wall. The wall will be designed by a Registered Professional Engineer and constructed by a firm experienced in this type of construction. This wall would not only be functional to eliminate erosion and the risk of failure but would improve the aesthetics significantly. As you can see from the pictures, the walls on the adjacent property have nice plantings and are quite attractive. Enclosed herein are; 1. General Land Use Application Form. 2. Certified site survey prepared by Egan. Field. & Nowak Inc., dated October 24,1995. 3. Survey showing location of proposed additional wall, as well as lot lines, property comers and setbacks from the 929 ft. Lake Minnetonka high water line. 4. Hardcover calculation worksheet which was part of the recent variance application. 5. Photographs showing major erosion in 1987, photos of the newly constructed retaining wall along part of our hillside at the completion of constuction in 1987, recent photos of the front of our property and photos depicting the current condition of the walls on the adjacent property. 6. Check for the S250.00 Conditional Use Permit fee. 7. Certified Property Owners list, labels and plat map. 8. Construction plans,details, and sections. 9. Si^ed Data Privacy Advisory form. We would appreciate approval to do this work at this time,concurrent with construction of our sunroom addition. Since^, Thomas R. McCune 2150 Shevlin Drive Wayzata, MN 55391 >1 ^r-V w - r*mrh*nik« 1 (5 CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SB. ) CITY OF ORONO ) I, Jamie Bosma,of the City of Orono, Hennepin County, r^innesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2117, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 20th day of February, 1996. Jamie^osma '. HUN om lO/08/fS..•4 ■HENNEPIN COUNTY PROPEHTY INFORMATION SYSTEM PROPERTY OM4ERS LIST REPORT NO. PI45S401 PAGE 1411 dOOE•{t.• feV^’pRap^'Abtt^ . . '• »t«R NAMeI MCLfOO fcNTY REQ'RAIL-AUTH •, ,« TiOO»AVlt i 5v; I»/U(OTA'Vf-%, NAW/AOOH njADAHi ST jl • .... IS 10>117-2S S3 0002 02245 NORTH SHORE DR KINGSLEY H MURPHY JR KINGSLEY H.MURPHY JR 2245 north SHORE DR HAYZATA MN' fi5Sn ' X.V . . %30 10-117-25 si 000501449 SAY RIDOE RO .O.D 4 D B HESTBy GERALD,0 • DIANE.B HESTBY li49 bay ridge RD ORoNO m 65591 . ♦I « SB l0-ii7-25 54 0005 01475 BAV RIDCE RO P C CORNETT « J P CORNETT PAUL C I JOAfMA> CORNETT 1475 BAV HibGE RO • i • o ■ SB 10-117-25 54 0004 01485 BAY RIOGE ROUP keRber Rtal URBAN P KERBER I.- 1485 BAY RIOGE ROAD 15'NAYZATA MN 65591 m I*. . •. *. X . •* I .L • • • f f • • • I0 * . •* * • 9* . V ' , • . • » ■i. r • :• ; V,. * i .. '• it M. J'A •'***:* F •'-'* ' • ‘ ■ . * • *' * - ^ •• • * * •^•V '■ • • X CERTIFY THAT fft V • • .•• • : > .•••>., . • . REPRESENTATION 0^V' r. \ • /' • ••• • • of the henNepiM c • -,i \ ■ -■ !' •»• : . • . • * p ■ • ‘M/ -Vi . . . . ■ >4 X fAe facts repKesehted are an Accurate and VrUE INFORMATIOH as it, appears THIS DATE ON THE RECMDS __ _ _ _ _ _ _ _ _JUNTY DEPA OF HY KNOHL eOGE kUD BELIEF. orTMr'H’EfilEPlVcbUNTY PROPERTY TAXATION, tO THE BEST •• • , I ^ • *• * *• •. •• V ’ . F| V.:- :■ .'i; d:t-r -.v.;*., W.* ' -r-virv • -r K.\>. ,• .. ...... .DATE 4 » . |. '• ^ • ^ ' ... '• ’i"* ■ • ;* • J ‘ • •• . • • ••. *• .5' « •» I t s 4 . ,.i . , it ' »* . . ‘V;v^v .i . • I • ’ . . I • •• Si CCWM" 0* v»>Ui .1 .V59 1 !*... • ■.......................................................... 3-09—1996 12:51PM PPuM BGfESTPOu * A;::,oOC 612 6_:6 1311 P. I J/ J Bonestroo Rosene Ancterlik & Associates Engineers & Architects March 8, 1996 Ms. Jeanne A. Mabusth. Building and Zoning .Administrator City of Orono Post Office Box 66 Crystal Bav. Minnesota 55323 SoreitfOO fove-e V>Cl Ajiociarei. Jik. «r «n AffTo^jrN*# Action. lEouJi OpporturKt> Cmp40v#f Ctto G •o^estroo. fefcerf 't' Reserve. •'*f jd:^C Ande'^**?. P £. Marv*n L Sorvjia. A5 I. Turne- .*>£ G-er**^ e cco*c, e t momas E. rA>yei. P £- AOD<?rt Q ScnumcM. P.E SulJT") M §De* iin C.P.A.* • SenJOr Coniuiljnt A 5^">fora A.f Ke<r*> A Gordon . P f. Roeort R Rfetforie. A £. RtC^ord W foster, Oavtd O. Idffcota. Pt Aooert c. Posse*!. AJ A jerry A. Boo/ddn PC Mxnt A. rtantcih P C Michael T RjuPhinn. P.£. Tej ic. PieidL P f momai R. Anoocion, A.r.A. X ffotenmerkei Pf C C Buigardt. P C. Tr'C.Ti.35 A, j> *1(0 PE frece''4C J Htcnborg P£ MAriinvi P C. Mtchif I f. Rau. P C Thomas W Peterson. p.C. VKhPfi C wynen. f £ JAmrs fi M4<And P C .•erry 0 PertT*c*t P£ Seott J Argorie^ PC. Kenneth P Aryde-^.on p M»re A. KOIM. P f M4r« A 5e<p r* I Ct»f> W MOf.en. p C Pam J G.«>non. Aj A. Oarvei J Idgerton. P fi. A. Pick SePuniOt p C Pale A. Gio^«. P C PniMo J. P r M.irt □ PC ^^les B jen;en. e g L. pnrmd Cr9v«i. e t. Karen i. w*em<f!. r C oery D KfiiioPiti, P C Brian a. Go>je p £ P Ion.1 Poste * C ife.m e. eao Oo«jg<a« J C *E Sha*%n O Gr j C::«i?OHv .t Renr J weg*.^ e-toi G Hewer, r t. JoPwi r. Gofder. P.£. Pan O Boyvim. P C. Jeffrey J Cnlennger. l .»OSCC^ K Phem. k1 V.ce M. P G Charles A C»^k. an Leo 'VI Pj'^ei'^v M#nan M Olson Agi'.e: .v ting James F. Engelhard: Rc; McCune Retaining Wall File No. 139-2117 Dear Jeanne, We have reviewed the proposed timber retaining wall extension on the McCunc propem- at 2150 Shevlin Drive located on the west side of Shoreline Drrv’e in the southwest quarter or section 10. Wc have the following comments in regards to engineering matters. 1. Retaining Wall: The design prepared by GME Consultants, Inc. is acceptable. Intonnaticn on the structural capacity of the propixscd hcILx earth anchors should be provide for our review. The applicant should contact the City at least 48 hours prior to the wall installation to schedule an inspection. The inspector should verity’ that the construction recommendations detailed in the GME report arc implemented. It appears that some of the work will take place in the right-of-way for Shoreline Drive (CSAH 15). The application should be submitted to Hennepin County tor their review. The applicant desires a timber wall to match the appearance of the adjacent wall. We do not recommend timber retaining walls as a permanent .solution. Concrete modular block retaining walls arc a more permanent option that should be considered for this application. 2. Erosion Control: Prior to starting the work, proper erosion control measures must be in place, such as silt fence. Shoiily after the work is completed, the disturbed areas .should be sodded or seeded with a suitable ground cover. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO. ROSENE. ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul, JVIIM 55113 ■ 612*636-4600 9 A •' 1 S.^'SJ \ 12.55 \ V ^g ° * E L U N N \ G \S ' 2 z15 O) CO WOOD DECK ----------------- >cm rn |5( omo :3R ^\5 L,F. 0{- ^S^JSTi NCr V^AUL o•oo rn '■^/M ^ 5'~Z777£; " /='/2r//t 9 ^ V Cc>'/rt'Ji ^ -z,' • —■ -.•.> I /'/73 f ^ HARDCO'V'ER C\LCULATIO>^ ORKSHEET CD setback ZOM:: (CIRCLE ONE) 0-75’ EXISTING H.ARDCQVTR IN ZONE A- House _____CaS ______ 250-500’ 27 Lesfte Vidjx 5/2 -Z.B. Ganae v _ C. Dnvewav A/oT''^J H D. Sidewalk E. Patio/Deck ______ X X X X > X X X X X X 7 iJ. m Fno) IS yL T-H - -f- /7y V*S"-77 POCL Landi:cap» Uodeririify 6v Plastic 3 I 7/ 3£i ® s^D- /o X X X A X YVz, TOTAL H.ARDCOVER IN ZONE TOTAL PROPERTY .AREA IN ZONE A - B d) V6W PROPOSFD FLARDCQVER IN ZONE A. House ______------------ 3^<0 X 100 Z O.’^OO X /OO a? 5u N 9.0Qf^ Lessta *2. V (35 (3) X X \V*id± E. ecu- @ ' e.R./BATH X J3 ^* X _ • 4U M IL W Drivewav / e X & X '/*-— 1. X ▼ W “ •• ^ X sz Sidewalk 38 X 3 a X = P'’f io/Dcck 1 2-X 7 .a . _ V s X 8 = Afeo) 3 /X r a 7/X = X S'= Jo fi*. 3 X S' X '/■*- C>- SH^ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^6,2.$’ - B m Zd?,3<50 X 100 A syzs*.-r B ZO,-iOO peJOQ i ^ / Pc> <D t- <T. r p» r A /• •S' 17..0 - <■ rN 500-1000' =/ 7xr S.F. S.F. a S.F. a S.F. / /di S.F. /rV a o s.F. a c S.F. s.F. a S.F. S.F. a Z 73 S.F. j S-o^ a i?r S.F.j a yzi S.F. a 30H S.F. 'io 5 a 5-0 s.F. 4-0 S.F. 2 0. 3o<7 S.F. r ^ \ ^ ly v» V M (> A B 2 3.9 A Tirr s.F. ^3Z S.F. ■ 's.F. VV S.F. S"V LL± sy 6V /s-^- oJL s.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. yo SF s~o S.F. S.F. A S.F. ® ■ 7»W/TyouT P<X 3L0.3 0a ^ z. 0 ZC,.l %W/JH Pool GME CONSULTANTS. INC. CONSULTING ENGINEERS 14000 21 St Ave. No / Minneapohs. MN 55447 Phone (6121559-1859 / Fa* (6121559-0720 February 29, 1996 Mr. David Kline, General Manager Aspen Landscape, Inc. P.O. Box 640 Wayzata, Minnesota 55391 GME Project No. 5952 RE: Design recommendations for the treated timber retaining wall at the McCune residence in Orono, Minnesota Dear Mr. Kline: This report presents our design recommendations for the proposed timber retaining wall at the McCune property in Orono. This work was pgj^formed in accordance with your written acceptance of our contract dated February 27, 1996. Project Description The property owner, Mr. Tom McCune, has retained you to construct_a timber retaining wall on the residential lot at 1473 Bay Ridge Road in Orono. Mr. McCune has requested that the retaining wall should be similar in appearance to the wall on the lot immediately to the northeast, which was constructed in 1987. We understand that the wall was constructed in response to erosion and localized instability of the previous embankment. Details of the adjoining retaining wall construction and past slope stability problems have not been made available to us. The proposed retaining wall will be 90 feet long. The wall will be tiered, and retain approximately 8 feet of embankment at the north end of the wall, and 6 feet of embankment at the south end. Horizontal separation between the tiered walls will be four feet. The grade behind the upper wall will be a level lawn, therefore, an additional surcharge loading will not be included in our design. 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 timber retaining wall. .\s you requested, we will design the lower wall to be tied back wicn Huesker Fortrac 35/20-20 geogrid. You desire the upper wall to be tied back with 4-foot-long, single 6-inch diameter helix, earth anchors. However, you also requested that we WILLIAM C. KWASNY. PE. GREGORY R. RELfTER. PE. MARK 0. MILLSOP. P.G. THOMAS PAUL VENEMA. RE. WYATT A, GUTZKE. PE. SANDRA J. FORREST. PG. An Equal OpportuniCv Employer WILLIAM E. BLOEMENOAL. RE, MERVYN MlNOESS. RE. STEVE'J J. RUESINK. RE. Mr. David Kline February 29, 1996 provide alternate recommendations for tying the upper wall back with geogrid. Our recommendations are limited to determining the required geogrid lengths and elevations for both the upper and lower walls, and also recommending the number, location, and spacing of the upper wall earth anchors. We will also provide general backfill and construction recommendations. Deaian ons Soils information is not available, therefore, we have had to make certain assumptions for our design. We assume that the retained soil will consist of sandy clay till, having a moist unit weight of 125 pounds per cubic foot, a drained friction angle of 27® and a remolded undrained shear strength of 250 pounds per square foot. We have performed a preliminary global stability analysis using our assumed soil parameters. The results are attached. The soil parameters must be confirmed through an appropriate test program in order to perform a final, more detailed, stability analysis. We recommend that the wall be constructed of properly pressure-treated, sound timbers. The units should consist of 6 inch by 6 inch timbers 8 feet long. Adjacent timbers should be fastened together with steel spikes, or nails, inserted into predrilled holes to minimize the potential for splitting of the wood. The lower wall should be embedded at least one timber course (6 inches) below final grade in front of the wall. We recommend that the lowest timber bear on a compacted gravel base, having minimum dimensions of 6 inches deep by 1 foot wide. The base soil should be compacted to at least 95% of the Maximum Standard Proctor dry density, ASTM: D 698. Prior to constructing the gravel 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. We recommend that the timber wall be constructed with a slight batter of 5 to 10 degrees back into the retained embankment. This could be accomplished by either off-setting each row of the timbers from the row below to provide the necessary setback, or placing the timbers flush but leaning the entire wall back into the backfill. The wall backfill could consist of on-site compacted s.andy clay. However, we recommend that within 1 foot of the back of the wall the fill consist of free-draining granular fill such as Mn/DOT 3149.24. The first timber course above grade should be gapped about 3 inches every approximately 20 feet to allow drainage of the water out of the retained granular drainage course. We recommend stapling a piece of geotextile filter fabric over the opening on the backside of the wall between the wall and the drainage course to prevent migration of rock through the opening. CME C0N8ULTAMTS. IMC. Mr. David Kline February 29, 1996 The lower timber wall should be constructed with two rows of Huesker Fortrac 35/20-20 geogrid extending 4 feet from the back of the wall into the backfill (total grid length 4.5 feet). The first grid layer should be placed a distance of one-quarter of the wall height up from the exterior grade elevation, and the second grid layer should be placed a distance of one-quarter of the wall height down from the top of the wall. Therefore, for the 4 foot wall height, the first grid will be placed at a height of 1 foot above exterior grade (1.5 feet above base of wall) and the second grid will be placed at a distance of 1 foot from the top of the wall. The geogrid should be secured to the timber with galvanized steel nails. The grid should be pulled taut and again staked into the backfill so that the grid remains taut during backfill placement. It is extremely important that the grid remain taut during backfill placement in order to reduce future creep movement of the wall. The clay backfill should be placed in loose lifts not exceeding 6 inches in thickness and should compacted to at least 95% of the Maximum Standard Proctor dry density at a moisture content within 2% of optimum value as determined by the Standard Proctor test. The backfill should be compacted using manually-operated vibrating plate compactors. The upper wall should be reinforced either by geogrid or by earth anchors. The upper wall should be embedded at least one timber course (6 inches) below final grade in front of the wall. We recommend that the timber wall be constructed with a slight batter of 5 to 10 degrees back into the retained embankment. This could be accomplished by either off-setting the timber to provide the necessary setback, or placing the timbers flush but leaning the entire wall back into the backfill. Within 1 foot of the back of the wall we recommend placing free- draining granular fill such as Mn/DOT 31149.24. The first timber course above grade should be gapped about 3 inches every approximately 20 feet to allow drainage of the water out of the retained granular drainage course. We recommend stapling a piece of geotextile filter fabric over the opening on the backside of the wall between the wall and the drainage course to prevent migration of rock through the opening. If geogrid is used to reinforce the upper wall, we recommend that the wall be constructed with two rows of Huesker Fortrac 35/20-20 geogrid extending 4 feet from the back of the wall into the backfill (total grid length 4.5 feet). The first grid layer should be placed a distance of one-quarter of the wall height up from the exterior grade elevation, and the second grid layer should be placed a distance of one-quarter of the wall height down from the top of the wall, as previously described for the lower wall construction. The geogrid should be secured to the timber with galvanized steel nails. The grid should be pulled taut and again staked into the backfill so that the grid remains taut during backfill placement. The clay backfill should be placed and compacted as previously described. GMi CONSULTANTS. INC. f ^ Mr. David Kline February 29, 1996 Alternatively, the upper wall could be restrained by installation of earth anchors. You indicated that the anchors you plan to use for this project would be 4 feet long, having a single 6-inch diameter helix. We recorrunend two rows of earth anchors. The lowest row of anchors should be located along the wall face at a height of 25% of the wall height up from the grade in front of the wall. The upper row of auichors should be located a distance of 25% of the wall height down from the top of the wall. We recommend that the anchors be spaced 3.5 feet on center with the upper row of anchors off-set from the lower row of anchors by 1.75 feet (21 inches). The anchors should be carefully rotated into the clay soil at an angle of about 10® down from horizontal. Careful installation of the anchors will be required to reduce disturbance of the clay as the helix and shaft enter the soil. The anchors should be advanced by mechanical means. Each anchor must be installed so that the entire 4 foot length is embedded into the soil. The amchor should be properly tensioned and appropriate secured to the timbers. An important component of the retaining wall will be pedestrian safety. Our scope of services is limited only to the design of the timber retaining walls. The owner will be responsible to provide adequate pedestrian safety devices such as railings or fencing. We recommend that you complete of 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 their 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 field person 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. The recommendations contained in this report are based on our understanding of the project and represent our professional opinions. These opinions were arrived at in accordance with currently accepted engineering practices at this time and location. Other than this, no warranty is implied or intended. Our recommendations are based on certain assumptions stated in this letter. If different soil conditions are observed during construction, we must be notified so that we can review our recommendations. CMf COMSULTAMTS. INC HUESKER inc. MEMBER or GEOSYNTHETIC R esearch Institute & r t fortrac geogrids INSTALLA insudliition and they violet exposure. The primary reinforcing direcUon for aU Fortrac geogrids is in the long diiecUon of the roll (also called the machine direction). Fortrac geo<>rids are shipped to the jobsite in tolls; they ate encased in a plasUc wrap. U^fthe wmp on the Zs until ready for use. TOs will protect the gnd from unnecessary exposure and damage. Prenaration: nie contractor should excavate to the lines and grades shown on the project gtadmg plans. The contractor should take precautions to minimize ovet e.xcavauon. Cmmitaiinn Snil Pienarago" fnr Reinforced .SoilZflnS The foundation sod shall be excavated as required for « shown on the construcUon drawings or as duected by the Siriw engLr T.;e foundaUon soU should be tested by the owner to assure tot the Uu=l foundation sod st ength meets or exceeds the assumed design Soils not meeUng the te>;ed suength should be removed and replaced with sod meeting the design criteria. q^norid Placement The Foruac geoarid should be instaUed at the proper elevadon and orientation as shown in the wad details on the project construction plans or as directed by the w Engtoefcut the geogrid to the specified length as shown in the engmeers drawmgs uf^toaiy reinfoming direction should be placed perpendicular to the wad face and should be one continuous piece of raatenai. End Dieces of geogtid too short to cover the fud expanse of the reinforced section shouU d^arded or held for use on shorter sections. Adjacent secUons of geognd should be butted in a manner to assure 100% coverage after placement 1 11107A South Commerce 0lvd. . P O. Bo* 41 1 529 • Char lone. NC 20241 . Teleohone (704| 588-5500 / (800) 942-9418 • Fax (704) 588-5988 ETj HUESKER inc MKMHKH or GEOSYNTHETIC RESEARCH INSTITUTE •• ■ M Fill Placement The reinforced fill should be placed as shown in the constnicuon plans in 6-8 inch lifts and compacted to a minimum 98% of Standard Proctor Density (ASTM D-698). Backfill shall be placed, spread, and compacted in such a manner that eliminates the devel pment of wrinkles and/or movement of the geogrid. Tracked construction equipment should not be allowed to operate direcUy on the geogrid. A 6" minimum thickness of backfill is required prior to operation of tracked vehicles over the geognd Rubber-tired equipment may pass over the geogrid reinforcement at slow spee^ less than 6 mph. Sudden breaking and sharp turning should be avoided. Although the PVC coating should protect the geogrid from UV exposure indefinitely. Huesker recommends that the soU cover should be placed over the geogrid within 14 days as an extra precaution. Only hand-operated compacUon equipment should be allowed within 3 feet of wall face. Drainage placement shall be placed in accordance with the constmction plans or ^ modified by the wall design engineer. This may consist of a drainage collector pipe m combination with a drainage ne^t in order to mamtain gravity flow to the outside of the reinforced soil zone. 11107A SoulhCotnmefce Blvd .PO 0O< 41l529 .Charlotte. NC 28241 .Telephone (704) 588-5500/ (800)942 9418 .Fax (704) 588-5988 tu 6ME CONSULTANTS, INC. GeotBchnical • Materiais • CfNironmaital 140CX) 21st Avanua Na Mimeapoia. MN 55447 PROJECT QUALITY CONTRACTOR - PROJECT COMPLETION FORM (To be submitted to GME Consultants, Inc. upon completion of the job) Project Name Address Wall size Wall Height: Maximum Minimum Your Company Name General Contractor Wall Installer (if different) Your Project Manager Your Project Foremen 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 installatoin recommendations by Rockwood, Inc. and the GME project drawings and recommendations. Installer's Name Title Installer's Signature Date Comoany Officer Title (Please Print) Officer's Signature Date r mi; ■psvji>' ' •■ 7!p- 6 7 0 -1 I -20 Ai%'*^to f»,t. Material Unit Ml C Phi Piezo Ru GfC Consultants pcf psl deg Surf.5952 riNFOnCEO FILL 125 10000 27 1 0 HcCUNE RESIDENCEExisting soil 125 100 27 1 0 A/»rX !f<*i4 4»^lf 2BFEB 1996 /4#i44>n F • 1.658 6L06AI STABILllY ANALYSIS 5952. GSL C <M*. V f'jl fl\.aad -10 I 10 - 9 - B - 7 - 6 “ 5 ~ 4 - 3 - 2 - 1 — 0 - -1 I 20 'j' if- Material Unit HI C Ptii Pie/0 pcf psf deg Surf. REINFORCED FILL 125 10000 27 1 EXISTING SOIL 125 100 27 1 A/#r<* f^iL. /4i(4«Uiv<i /If ffir 0 0 -20 GME Consultants - Minneapolis 5952 HcCUNE RESIDENCE aFEB 1996 GLOBAL STABILITY ANALYSIS a; 5952a .gsl -10 >3 - 9 - 8 - 7 - 6 - 5 - 4 - 3 - 2 - 1 — 0 4% ^ ' C*^^4cTU ,.»«•. 6£**«.o 4W4 *'**l.t» ?Lt4s£ At(-LA r» 4/./»AT OtrA.LS Sc^le r-------«---------» o 3 /". 3 TV file AL StCTiof^ McCvA/t fifi-SiOiNcL fiS,r. \^ALL Ofiotto, Mi/^t^£i*rA GME CONSULTAIMTS, INC. GeotBchncal • Materials • Environmercal 14000 21st Avenue Na Mmeapote. MN 55447 iA/Z /M/H li/t./n •> •2'. f CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^^51_____ A RESOLUTION GR.\NTING V'ARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.23, SUBDIVISION 6 (B). 10.22, SUBDIVISION and 10.56. SUBDIVISION 16 (L) FILE NO. 2084 vvHFRFAS Thomas R McCune (hereinafter "the applicant") is the ov\-ner oi* sss «-—-«• > and legally described as follows; Exhibit A anached (hereinafter "the property ’); and WHEREAS, .he aoplican. has applied to the City for a variance to Municipal zoom, C0de"s“e!fn' I— to ^ perrn,.^ a”setu garage/bedrootn.'bath addiuon to be ocatc located 2T from the side lot line where is normally required, and construction ° wtions 10.22. Subdivision 2 and 10.56, a 30' setback is normally required and a \anance ^ ■- ^ hardcover Subdivision 16 (L) to allow 26.7% haracover in the 75-50 zone only is normally allowed. Minnesota; 1. j. NOW. therefore , be it resolved by Ute City Cornell of Orono findings This application was reviewed as Zoning File =2084. The property is located in the LR-IA Single Family Lakeshore Residentta. Zoning District. The Orono Planninc Commission reviewed this application ^ W5 and recommended approval of die proposed variances based upon th. following findings; The nroposed side setback of 10' for the garage and 2T for instead of Ute required 30'. is consistent with other development tn the neiiihborhood. Pace 1 of 6 L CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 651 4. minimum setback, thereby eliminating this non-conformmg smicture. C The proposed location of the garage/bedroombath addition in the TOtiherly half of the pmperty will minimige the amount of dnveivay hardcover in the 75--50’ zone. D The proposed sunroom is over an existing deck and therefore constitutes no nL hardcover in the 75-250' zone. Furtber. the proposed s^oom does not encroach on the average lakeshore setback, and its locauon - from the lot line will have no impact on neighbonng properties. E The increase in hardcover on the propert>- from 22.9% to 26.7% is being minimized bv removal of a ponion ot the e.xistmg deck, as well removal of the detached garage and existing sidewalk. Hardcover m the 250-500' zone of 19.9% where 30% would be allowed also is a positr e aspect of the proposal. F Because the existina septic system is located in tile area of the proposed emace-bedroonvbati; addition, and because that septic system must remam Tn u'se untiliunless mumcipal sewer is provided to the property i is appropriate that construction of this addition be delayed until 5 “=*“™ that sewer is available, while the sunroom addition will not be hindere by the septic system location. The Citv Council has considered this application including the "ecolendations of the Pl^ng Commission, repons by Crf comments b> the applicant and ilie effect of the proposed vanance on the health, saf . welfare of the community. Pase 2 of 6 ^ • CITYof ORONO RESOLUTION OF THE CITY COUNCIL 8 65 1NO. 5.The Cily Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other propeny in tliis zoning district; that granting the variances would not adversely affect tralTic conditions, light, air nor pose a fire hazard or other danger to neighboring properly; would not merely serve as a convenienec to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; end would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the Cily. CONCLUSIONS, ORDER .\ND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23 Subdivision 6 (B) to allow a side setback of 10 lor the garage/bcdroonvbalh addition and a side setback of 27’ for the sunroom addition, where 50 ’ side seibacics are normally required, and grants a vanance to Sections 10.22, Subdivision 2 md 10.56, Subdivision 16 (L) to allow hardcover in the 75-250* lakeshore setback zone at 26.7/o where only 25% hardcover is normally allowed, subject to the following conditions. 1.Hardcover in t!ie 75-250* zone shall not exceed 5,425 s.f. or 26.7% per the hardcover schedule and diagram attached to this resolution as L.vhibit B. All hardcover to be removed in the existing deck area shall be removed prior to footing inspection for the new sunroom. Occupancy of the new garage/bedroom bath addition shall not occur until the existing detached garage, blacktop drivewav and sidewalk have been removed. Arplicanl is advised that any future proposals for hardcover in the 75-250* zon. dll require a variance application, and might be approved only in conjunction •- c-meurrent remo^^^Js of existing hardcover, resulting in no hardcover inc*...i^.c. ^Tie standard jQ/o hardcover allowance in Uie 250-500* zone shall be rcaaced by the 350 s.f. overace in the 75-250* zone. Tlie new driveway to be located along the nortli lot line shall be constructed no closer than 5’ from die north lot line to allow lor snow storage, etc. Page 3 of 6 j -Jt/ .k i: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 6 51_____ j. 4. \ permit for the ^arage/l^edroonvbatli addition shall not be issued by the City until such time that municipal sewer is available for connection to the property or until such time that a new conforming septic system has been installed. A construction permit for the sunroom shall not be issued until one ot the following occurs: a.Applicant executes a "Septic System Upgrade Agreement" and provides the required Letter of Credit to ensure that the septic system will be upgraded in a timely manner absent the installation of municipal sewer b.The City Council has ordered the installation of municipal sewer to sene the property; or c.A new conforming septic system has been installed on the property. permit within one year of the date of Council approval, or Uns variance will expire on that date (December 11, 1996). Violation of or non-co.npliance with any of the terms and condttions ()f this variance shall constitute a violation of the zoning code, shall automatical.y terminate any authority granted herein, and shall be punishable as misdemeanor. The undersiuned applicant has read, understood and hereby agrees to the terms of this resolution L on bciialf of htmseir his herebv agrees to the recording ot this resolution in the Cham property. Page 4 of 6 Lk •TT •m *•« * • L CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 6 51_____ AQOpica uy uiw -------- meeting held on the 11th day of December, 199>. / V / ,! J / /' / ,0 borXthy M. Cit>- Clerk Edward J. Caliban. Jr.. Mayor r' r7 ^ f/ /> Property Owner (s) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. The foresoing instrument was acknowledged befora me on this lllh day of fh^aro/orLo; a Mltso.?mtm.pal eLu.e^ on behalf of the City. C^Cc .*• ®v“sr‘ _ I \ Nota^^ublic Paee 5 of 6 w r CITY of ORONO i'/j RESOLUT.ON OF THE CITY COUNCIL 3 651NO. STATE OF MINNESOTA ) COUNTY OF HENNTPIN ) ) ss. Ovt . 199_C; before me a Notar>' Public within acknowledged that he (they) executed the same as his (their) ':< notary Pl'BUC-MiNNESOTA HENlltPlM COUNTY Wv Comm'ssion Expires-lan-3V<-^ STATE OF MINNESOTA ) \ COUNTY OF HENNEPIN ) ) ss. \Qo^ before me a Notary Public within On Lhis day of _ r^naa.£yi—77775^.' :J_____ and for said couno^. ms.rament.and ^taowledged that he (they) executed the same as his itheir) tree act and d..d. notary PVJBUC-MINNiaOTA g HWNEPNCOUNTY^NOT,-\RY PUBLIC Pase 6 of 6 Exhibit A ResoIutioD No. 3651 Legal Description (As contained in Certificate of Tide No. 74093) Tracts E and N. Registered Land Surrey No. 192, FUes of Registrar of Titles, County of Hennepin, State of Minnesota. Together with an easement for driveway purposes over Tracts J, K L, ^ R. aU in Registered Land Survey No. 192 as shown m deed Doc. No. 069269, Files of Registrar of Tides; Subject to an easement for driveway purposes over said Tract N as shown in deed Doc, No. 569269, Files of Registrar of Titles; Subject to a public easement in the Highway If -wn as County Road No, 7 as to Tract E; Subiect to the portion of said land between the high water mark and the low '^^ter m^k of Lake Minemnka to the public right, including the ngnt of the State of Mimesota to use or reclaim said portion for any public purposes now authonzen by law; (as to Tract E). Also known as PINS No. 10-117-23 34 0005 7 . ^ ■ iaP ^ \ \ \ N ^ B ; 'o- ^0 S. ^X<; nSj<^ * ^•-‘ •/ ^ - V —V if — T^-» ‘Ukir \v -•s - V4. \ '>■> *^.‘ '-ii C V i*Mi>v." M r 'r %- ^ 1^ . - - '.'»^ L»»' .-^' . T r« r ^ * ft- '' -'i - . I .^v . ^ »^* - V^ * ' '-r'r:*i^ <<• * -^-rT^^T^V ;s?^'“J v^yla C'- ^ T^ ^--------g^i—^-----------------:___^_. •>'’^.. 7-’ ’' • ”. ■"- -"UT' lh .?%■ VV iv . ■'. ‘“W '•;. • ^•* •*»• . ,••...-^»«»«, —a. 4 -*'^ ' f . r' •*- I* 1 1 . ‘ I .' L / b^ ,*U Jl S>*-^ 1i} ' .V5 % 5a=^ol VST..\r L'^.^ A'A UL\ ^j1iamm '''i * 'n \ ' - \ ✓* _>?vivjo pfe .. *.^ •^•- —- ■ »%• • ■« . I . , ». ~ - "‘ » » * -* .^.W.'MIkV^' .M A.W _ is 'V SL ‘ij. . f ' * «• ««^ *^*'^^'* . ■' "*^^ *^ *«(«»•'•* % — ,. iTb *< < i%ai ■■» r»f>»«*<fcwi ^<i-»^#lH%[iMWWI - ^ w' -tM-*»' f2;;r* •• '# — •• u • » \ - v^i-TV •'••"’ f , : rr, i5K3iS - ^ _ _ a;VJi.< «ei . -%---/.I-;v>j t' -T* request for council action ^ Jsse DATE: March 18, 19% ITEM NO.: ^ Department Approval: Naoie Michael P. GafTro:. Title Asst. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Joint Use Dock License - Board of Governors. Big Island Veterans Camp List of Exhibits A - License Resolution B - Application This Joint Use Dock License application exhibits no changes from previous licenses. The City has received no complaints on the Big Island Veterans Camp operation. The application fee and late fee have been paid. Statf recommends approval of a 1996 Joint Use Dock License for Big Island Veterans Camp. COUNCIL ACTION REQUESTED: Adopt the attached resoluuon granting Joint Use Dock License for 1996 to Big Island Veterans Camp. , seconded by to adopt ResolutionProposed Motion: Moved by __________. —----- . # . directinu stalT to issue a Joint Use Dock License to Board ot Governors, Big Islan Veterans Camp for the period of January 1, 19% to December 31, 1996. Vote: ----------ayes. navs RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO BOARD OF GOVERNORS, BIG ISLAND VETERAN ’S CAMP SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF J/VNUARY 1, 1996 TO DECEMBER 31,1996 WHEREAS, the City of Orono, hereinafter "Cit>” 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. seq. and State Statute 462, et. seq., to protect the health, safet>’, and general welfare of the citizens of the Cit>- and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primaiy' harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Depanment of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police pt)wer 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 commonlaw 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 ov\ner may have over the public generally is to construct one dock to the navigable depth of the public waters. Tlierc 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. This mutual right of enjoyment w hich is shared by riparian owners and the public generally includes the recreational benetits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Pace 1 of2 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 Cit> Council of the City of Orono hereby directs the Staff to issue 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 25lh day of March, 1996. Edward J. Callahan, Ji., Mayor ATTEST: Dorothv M. Mallin. Citv Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of March. 1996 by Edward J. Callahan. Jr. & Dorothy M. Mallin, Mayor & C«ty Clerk of the City of Orono. a Miimesota municipal corporation and said instrument wn<5 exeetited on behalf of the City. Notarv' Public Pace 2 of 2 CITY OF ORONO EXHIBIT A RESOLimON NO. rONDlTTON?^ OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE; Big Island Veteran ’s Camp Board of Governors Dock Address: Big Island - Record Lot #1 - 100 Big Island Agent: Emil Sulander (Chairman) Address: Box 598, Excelsior, MN 55331 Licensee is: Statutorv' board/club or recreation group License Period - January 1, 1996 to December 31,1996 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 exceed the number permitted in the prior year’s license. Authorized Boat Density per attached plati Bav Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Lower Main Lake Sub-Total: Slips at Dock Offshore Buoys .Maximum Boats in Water 8 .Maximum Boats per prior license (14 slips, 2 buoys under previous license) MAXIMUM BOAT DENSITY, 1996 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and'or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. m. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the Cit>' Council. rV. 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 with these conditions is cause for license revocation and'or prosecution by the City. 1. Based on the 5 cabins and 25 tent-camping sites approved by City of Orono Resolution #2802. 8 slips are approved for the 1996 season per your application. 2. Future requests for addi nal slips will be subject to City Council approval and shall be reviewed and considered in relation to the concurrent level of allowed camp activitv. V. Nothing in thi.'- 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 :^s the City and other competent regulator}' authorities shall deem necessary from time to time in the public interest. .. T ' *• • • • • • leesoi** TVo^j __ 10 LjSCL^ p: r Big island Voterans Camp 1“=20't>3 0\L. \ VETE^A^'’^ in'!S' - St) KllClit V t- CEC 1 G 199Z t ^ * C-»«D• A- BIG-T 5LA ND V£T£R)\H5 c,^mp.$•• •• % • • DOCK.D AN5 J £/l^T 1 HG-,d fUTUKt J'vA v^ Q \1?2 ^C4le • 20 e:UnRC-LlN& (iVou\A U do«^k^ ^AJ«l\V'o-»\ 5eA30'«'^\ ^iicA ..-i.-cv.-fh ^ ni S*/" I M VVV\ •Ol •f* k LWVC.D ^ l4»v-A<^u«^t:V % acD' )f »o’ i..dtv .:u u ' r ,i;‘?s ;tu t p s’f.vA.^e. Uw» Vs ^ . ••D*«-K •V \ ' fl •'■l;• • - j A+v.^• a Tmc '- «"** J A.n cl U.c«P j olU '^oV -D M I ►V I • CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 96 ANNUAL JOINT TTSE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5A2 'WAR 1 3 1996 Date Form Sent by City Staff Janiian,' 26. 1996 Date Application Returned to City Fee Received S By Employee Section 5 42 Subdivision 2. r TCFNSE REQUIRED - It is unlawful for any (group or association cf persons or families, more than nvo in number, whether incorporated or not) to engage or participate in... joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, attachments , AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 20 OF THE LICENSE YEAR. AWnriATlON rMFORMAT IQM o / . 1. Assodanon title or name (if any) t>F- C3sJsr.^>Jci lL‘=- &i<S> 2 Lake _________Bay VjfTlsHAf i i Person responsible for this application: Name Phone j9-^ 3. ^ c. i^L. lio(L S^^3. i 4. Relationship to association Association 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 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); _____ one member's private property. easement or outlot owned in common, property leased by the group/association, property owned by the group/association. List Dock location and ownership information; Street address IsuiHJh Lh<S~ /V<«,'A/gT-gtA.'/C/}- - Legal property description ___ PiD# 3^ -m-J-i ai ooo* 1 X ^ ^ ^ '*1 ---------------—--------- ■-------------------------------------- r Listed property owner(s) oP- MJ 8. Names of abutting lakeshore property owners; rNorthAVest) (Name Address) rSouth/East) (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; _____ property owner’s homeowner’s policy. separate group/association owned policy. List the following information: Name of insured /sLfVtsjJ) TirtL Name of insurance carrier (T<Pc— /aj T~y—---------- Name of insurance agency ------- Policy No. 3 Effective date of coverage Amount of coverage; Public liability, per person, per occurrence <C ^00(^00Public liability, per occurrence ^------- Pase 2 of 5 (I- •0i r.: • 10. Security and poUcing of the jointly used dock and properr/ is provided by (check applicable items): _____ fencing ____security lighting ____ contraa security service ____ property owner’s presence other (specify) 11. irK INFORMATION List Dock Use Area Specifications: Width of shoreline; _______ft. Length of main dock from shore; Dock setbacks from side property lines at shore; --------------- ft. and ft. ft. 12.Dock Construction (check applicable items); seasonal dock (relocated or replaced each year) permanent piling and deckingpermanent piling with seasonal deck 13. \y wooden decking List Dock Accessories; metal decking Number of fire extinguishers available at the dock Number of life preservers available at the dock_ List number of slips in each category ("slip^yncludes boat lifts); Transient (day use) oflf-shore buoys OTransient (day use only) slips Permanent moorage slips 3> Permanent moorage off-shore buoys Dry storage (rack) slips ^ Ma.ximum 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. O---------spaces. FROSION 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) '7 17. Depth of water at shoreline; r*‘ ft; at 50 ft. out:; at 100 ft. out: _i Paee 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A nor'K PI AN - ALL APPLICATIONS A dUk plai dra^to «ale, showing the shoreline width of this prope.^, the side pro^ lines and the location, layout and dimensions of all docks, shps and buoytt If off-street parking, dry storage or other on-land firnciions are intended, these also should be shown on the plan. rtMTMrnRPORATED GROUPS AS^iOClATIOtlS ----- A list of the names and maUing addresses of all members an^/or s ip users/ A certified copy ofthe by-laws or agreement for joint use. •P’- -T- « not rcauircd if the applicant initials and cemfies the follo%mg statement: This a appiicauonandourjoint use dock is to be operated u^er the same by-laws or agreement originally made in_______ (state year) and on file with the City. Applicant's initials B 2. C rsirORPORATHD CLUBS OR ASSOCIATIONS 1. A list ofthe names, mailing addresses and titles of all corporation officers. 2 A statement as to the total number of members in the club or association. members 0. A certified copy ofthe articles of incorporation and by-laws ofthe corporation. Noic^ These copies nre'not required if the applicant iniuals and certities the followuig a renewal application and our jomt use dock is to be operated under the same aiuclcs of LiX by-IaL as ongmally made or last amended m-------------(state year) and on file wnth the Citv. Applicant's initials ANNUAL LirFNSF 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 PT.US SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy 3 slips @ 2.00 each TOTAL DUE THIS APPLICATION S s 20.00 S s XU ‘X> Page 4 of 5 w• • » I.ATR FEE - Renewals ADBlication for renewal of Ucenses shall be made no later than March 1 of the license year. Bis r,^ .fc.ll .erent renewal life’s- snnlicarions received aftCf Frttvaiy.20 g|ll«8 'hS aPPllMtlO-O is accompanied bv a late of S25 0Q_ Rr.VTFAV PROCEDURE When a complete applicauon is received, the application wiU be reviewed by the City CouncU ^d, in the case of new or Lisual applications also by the Plannmg Commission and Manna Committee. The Council will pass upon the application afier 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 applic^t hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authonzes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date sj Page 5 of 5 REQUEST FOR COUNCIL ACTION DATE: March 22,‘ ITEM NO.:'7> Department Approval: Name Michael P. Gaffron Title Assistant Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Process for Request of Variance from Highway 12 Moratorium - Ben Meinhardt. 3585 Sixth Avenue North Zoning District: RR-IB, Single Family Rural Residential, Two Acre List of Exhibits A - Moratorium Ordinance No. 144 B - Survey C - Draft Legal Notice Mr. Meinhardt has applied for a building permit for construction of a 26' x 26' addition to his existinc house. The addition meets all requirements of the RR*1B zoning district. Normally, the permit for this addition would be issued by staff with no review needed by Planning Commission or Council. However, the property is located within Area 4 of the current Highway 12 Corridor moratorium. Section 5 of the moratorium ordinance prohibits the granting of building permits within the study area. Section 7 allows the Council to grant a variance if Council makes a number ot appropriate findings. Mr. Meinliardt is requesting a variance to the moratorium. The City Attorney has advised that, while the Council may waive referral to the Planning Commission, a public hearing with proper notice should be held by the Council in order to meet Code requirements and avoid setting a negali\e precedent. If Council chooses to waive Planning Commission referral, a public hearing notice can be published in time for a hearing ai the Council's .April 8 meeting. A resolution would be presented at that time, which if adopted would allow staff to issue a building permit to Mr. Meinhart during the second week ot April. COUNCIL ACTION REQUESTED: Direct staff to publish for a public hearing at the April 8 Council meeting. PROPOSED MOTION: Moved by _____. seconded by _____, to waive reterral to the Planninu Commission of Ben Mcinhardfs moratorium variance request, and direct statf to publish legal notice for a public hearing on April 8. Vote: _____ayes,_____nays. Isv ordinance # Mi-. 2ND SERIES, ORDliNAi>'-i:' If ------- IS raOVAL WITHIN THE HIGHWAY 12 CORRIDOR AS DEFINED HEREIN. the city of ORONO ORDAINS: Tie Municipal Code of tie Cicy of Orono is amended by adding Ordinance No. 144 ^ 2nd Series. nf nf Pnlicv The City Council finds that the City is SECTION 1. Snrfmf jj^’^jons for subdivision, rezoning, zoning presently faced with the for^properrv within the Highway 12 Corridor.(CUP/Variance), PUD or bu.Iding permits tor propen. nf 'illowina such applications to be approved may It appears to the Council that the be consistent with the City’s zoning and. be undesirable because ±e ^ Hut it is necessary to smdy the impact of tXrra“tJde?cu.t- ^r^o determine whether they hr.ftU the underlying purposes of the City’s land use and zoning provisions. u nf fVlid <:nidv the land use controls and zoning The CouncU further fin^ tot ^ such revision U a process that cannot provisions contained m City code ^ bearing held. During this penod, it is Ic accomnlished until a study has been ^ ^ ^bo wish to develop S^iirabletot the Counc.l and to provide the property in order to brmg about J an amendment to the code would- public guides to fumre City ^2 pennined land use and zoning performance undoubtedly modify-e.xritmg regulau^ subdivision applications, zoning an^mdL rezotog appUcanons. PUT or r«:;ry ^2- ^Co.d„^^^ be^-t^ <i:„?eU=rl^«ld be unwise. to “5°er^d'^ust to allow" indNidual development to occur during this study SECTION 2. Hi.^hwav 12 Corridor Denned. As Highway 12 Comdor shaU be derined as four areas of property withm the C.ty as follows: „ Hi'ihwav 12 on the south. County Road 6 on thArea 1. Tha» '•jea bounded by U.b. y Road on the west,nor;^. WUlow Drive on the east, and Old Crystal Bay Roaa on Page 1 of 3 . J u TT c Wiphwav 12 on the north, Burlington Northern ^ Bayl^oad oa w«<, aad Old Crysul Bay Road on the east. SECTION 3. Sty^ ^^y re’^diaglhe impSTof devdopaiem under current No. 139, 2nd Series which initiated a ' = uodlrlying purposes of ±e City’s land use and ordinances to deteniune whether they “ . potential need for amendments to the zoning provisim^_._“'l of to sSly. This study is currendy underway but has not City code to implement the reri been completed. T eo^rr, Orriinancc The Citv CouncU finds that it SECTION 4. Fxtetisinn Highway 12 corridor would be unwise, improper and ” completed. Section 5 of Ordinance No. 139, r^“rr. her^t rSe^ O^d^rper the provisions of Section ti below, / SECTIONS. Efstriaions on the pretimtoy ) ( approval shall be given by the CouncU for any prop y V defined herein. sections, nuration. T^ Ordinance shall e.vpire on July^^^^^ months. _ / V ,theCounciSX'cme^ofaU.efac. intent of the Comprehensive Community Mamg ^ adversely impact to to it other^e meets the requirements of Page 2 of 3 Existing House a' 2oa / id ■T t rr Existin9 % Born XitLiJL ii- mam • • I . • . * 1 • * a/$9^51U^ 208.00 '\South Q^oirur cor^tr 0f Sec. 29 -US-23 Housei Barn Detail I”-20’ Scale LEGAL DESCRIPTION OF PREMISES: That part of the West 208.00 feet of the Southeast Quarter of Section 29, Township 118 North, Range 23 West of the 5th Principal Meridian lying southerly of the centerline of County Road No. 6, as per Doc. No. 4190220, denotes iron marker found Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, the location of an existing house and barn, and the proposed locatiofj of a proposed addition tliereon. It does not purport to show any other improvements or encroachments. * I* CorriN & r.RONBERG, INC. V I'H'HiliMv; 1 Iiv:i>h>iv liiihl ^h2 l.mi.ii.uk Auiuu’ • I ihiv; I akr \l\ - I I hereby certify HiaI lids survey was prepared by me or under my direct super vision, and that I am a duly registered Civil Engineer and Land Surveyor under the laws of the Stale of Minnesota. t.i: i:i III) DATE 2-27-96 SCALE r*IOO JOB NO. 96 ’S9 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510NOTICE •*. The Orono City Council will i-!o!d a public hearing in the Council Chambers at 2780 Kelley Parkway on Monday, April 8, ’996, the meeting commences at 7:00 p.m., on the matter of a request by Ben Meinhardt ci 3585 Sixth Avenue North for a variance to Ordinance No. 144, Second Series, An Interim Ordinance Pursuant to Minnesota Statutes Section 462.355, Subdivision 4, to Extend the Moratorium Established in Ordinance No. 139, Second Series Prohibiting the Granting of Preliminary Subdivision Approval, Zoning (CUP/Variance) Approval, Rezoning, PUD or Building Permit Approval Within the Highway 12 Corridor as Defined Therein. The applicant requests a variance to the moratorium ordinance in order to obtain a building permit to construct an addition to his existing residence. The proposed addition requires no vaiiances to performance standards of the RR- IB zoning district requirements. All persons wishing to be heard will appear at this meeting. Written comments are solicited. Plans are available in the City offices for review, by appointment. City of Orono By: City Council Jeanne A. Mabusth, Building & Zoning Administrator To be published the week of March 30, 1996 :o. Posted at: City Hall Crystal Bay Post Office Long Lake Post Office Navarre Post Office rty, f □vements DATE 2-21 ’96 SCALE l“*lOO JOB NO. 9^S0 N REQUEST FOR COUNCIL ACTION X DATE: JITEM NO; f Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: Administrator’s Report Item Description: Request for Expanded Use of Bederwood Ball Field Clarifications As the request for expanded use of the Bederwood Ball Field moved through the Park Commission and to the Council, staff was of the understanding that the Girls Softball Association and the OBA were at least affiliated and were jointly bringing the request to the City. It has recently been determined that the representative of the Girls Sottball Association was acting independent of the OBA in the request for additional ball field use. A letter from the OBA clarifying the OBA’s position regarding Bederwood Ball Field is attached. Comparison of Ball Field Availability Across Cities Fields available for use for youth softball and/or baseball Lone Lake Maple Plain Medina Orono Orono Schools - in Maple Plain - in Orono 1 4 0 5 (including the 2 new OBA fields) 4 9 Addressing the Girls Softball Need The Girls Softball Association has requested the BedeiAVOod Ball Field be programmed tor one additional night of use by the OBA to free up a field at Hollbrook Park for the Girls Softball program. The OBA has suggested the alternative of allowing the Softball Association to use the four fields at the Orono Primary School on Friday nights, a night that is now first come-first served time for all fields and all organizations. COUNCIL ACTION REQUESTED: Motion to address the request of the Girls Softball Association for expanded use of the Bederwood Ball Field. m < V n )Orono B^is©l)3ll Association P.O.BOX 503 Long Lake. Mn. 55366 Telephone 479-1952 3/18/96 RE: SUGGESTED USE OF FIELDS. Orono Baoaball Aa20claiion(OBA) woulo llkotho ^*,"’*^* awar. and to undorawnd ti.at Ton. Mallqul '-t ropicasnts Girl's Softball and that GJrr* Softball Is koklng for moia fields. Softbali*3 Proposal - AllOaV sof«>aM a night fd eecicrwood which they would trade to OBA for ona of c^r Ihrsa nlgh'S at HoibrooK. Suqqcstcd Altfif<u’tlve - AIlcw sofiba!! to usa the 4 fields at the Orono Primary school on Friday nlgls, a r^lght that in now a ‘first come, first sen/ed" time for all fields nnd eJI ojg*if»{/al!one. OBA's suggested use for Er:-:li5r/./ood - », u\ 2 games per w.^ck (:»nd v/a reiain ou? 3 rughts at HolbrooK) Full Bedeiwood soJ.fcdula peeled on concession stand at the field. Use of Ecdorrrood for lha whole vvs‘.:K ol July 8 -13 for In-houne tourr.anioift Issue a to negotiate - possible use for make-up gamss If a rsiiier forces too many p0i>1p0n€‘(V«0jil3. ^ . Practices - On a -niat coma, fi.sf Bcr»ad' basis or are we restricted In come vjay on using the (ie.’d lor praollccs. Long Term - If the poj ulailon ccnlinuca io grow, field availabllty would become a problem. ODA would like to the cities In the Oistrict join together with the School Boai d und tJia Youth ®*^®®*H**?! * the district to foirnulala long term pi.ins for Impi ovomonls and additions to our facilities. Casetoall I^€ar<S t)ifect«:irsfifstnumeLastnamfi Dennis Johnson Keith jacobsen Kevin Hawkinson Patti Kcding Rich Kiernen Steve Carlson |im Tierney Mary Johnston [ack Neveaux Van Erickson lay Smith jack Hawes Keith Radloff John Ceder Pave Dudinsky Responsibility President Player Agent Vice President Treasurer Secretary Field Maintenance Grievance A ’Wall of Fame' Grievance 13 Yr. Oids Concessions Sponsors Uniforms Mernber*at-l.arge Membcr-dt-Large Memberat-Large Mcinbei-at-Large Member-at-large rhonc# 479-1952 475-1948 479-2120 479-3147 475-0810 475- 0107 476- 1292 476-2741 479-6532 475- 1615 479-3587 449-9280 473-1612 479-6630 476- 4465 I I- • p ■ ■ ^“■""“ ■ • »W ^PW Crono Baseball Populatloit DIsUfUpuiion by City 3/3/96 dry N umBcr of 1 PUytRs % of PUycRs ‘ Orono 273 r 55.87% A/aplti Plain tJO '17.08% Aiedina t06 i 13.93% Lonfir Lake 8S n.s&% Independence 19.59%- ^ Minnetrista '11-C\13.81% iVItka Beach 24 i.iS%95.01% 1 Mound i 9 !1.18% Plymouth 11-1 1.45% Others IS 2.37%4.99% ! Trials ? 761 100.00%100.00%] 1 PROJECTED 1996 INUMBER OF NUMBER OF PLAYERS REGISTRATIONS TEAMS T-BAIL 12 156 INSTnVCVJONAL B\LLs 12 156 PITCH!\0 \ /. 1 10 130 1 Jr. .\L\jons S 104 1 MMOnS 6 72 13 YR Oil) Sr. SPART Ays 4 1'U15 YR OLD Sr. START-[yS 5 60 MlCKhY M.xyTLE 1 15 AMERICA.V LECIOX 1 20 59 761 Orono Bosebcil AssociationFh'ld AvaiW)i!in5hedu£etihi^<is with 60 bases, j -. »• jOnBy £ee CatSson \^etds and ^detwood ^eed have gtass iniie€ds and pitching m ounds. I tk^ao ^j'jfT;bs: of feanis Ic sclie<3'J!? T-Bail Inslnidional Pitching Wachinft Majors Totals 4 • 4 • 5 12 al2t:n'.esp3’¥<eei 24 12 at 2 Ires pen«ee<24 10 at 3 lines per 30 e at3lriesper-*eek 24 6 4S at 3 trves pe' wee»18 120 NU^Ii Sckul 1 Srwif Ffmrf 1 I frwtwf P'«vj j1 iatakM ! StdH Eiialiil lUrtli HittkMiy W4 Unkiiri) Ntrlii li>t»yai wv IMI tttMIH riMHS 2ieaT«2ltcr$2tei3s rieaitt :teirm 2ieams Cleans 2lMnt 2Imt«2twns 1 111 i 111 1 1 1 1 1 1 1 i 1!1 t1 --------- j1 1 1 »...—— - »•11[ ji«rns :iein&• 2«SIT5 i 2tiifc 2lta*»i 2lta^Clears 2wk»2lMm 2wns 1 < 1 Iter iisjm 1 ifc*n 1 learn 1 1 mir ^ lljJilO 1 1 1 i J i ‘;^ C-r 1__L„1 5 [ ^•1 :! 4 1 4 f 4 : 4 • 4 t >h- SheduSe ^e6ds witii 75 bases. Used ^5r 13 yeair oeds. Maple Plain fiJil non to T-iwr, Te im Field llcllciikl Fjc U (fcesUyi -\vaikal)it- \l iHlrR*id.iy ^nin Jay ^'vuiljLIe'Hie r-iplii. oiiIr ’I 1 <<' Iliiirr^tay. Sheduee iieCds with 90 bases. Used t>oi U thtu 18 yeat o^ds.C Vanir\ FicU jr. Vai^iiy Fk*H M ilJr M:iin Twn Ti’.vii Imi‘I I Slt'iH* v*ili ^illi u»ll) |c/ii.nnsiii.«l I .I'jli vli n! Ip'tHS j/jio Jr* Jry TlP-^ ORONO SOFTBALL AND BASEBALL FIELDS SOFTBALL FIELDS USE MONDAY AND WEDNESDAY NIGHTS CITY OF LONG LAKE CITY OF MAPLE PLAIN CITY OF ORONO SCHOOL DISTRICT FIELDS PRIMARY SCHOOL MAPLE PLAIN MIDDLE SCHOOL ORONO HIGH SCHOOL 1 HOLBROOK 3 RAINBOW INSTRUCTIONAL 0 2 SMALL FIELDS BY TENNIS COURTS 1 GRASS FIELD NO BACK STOP 4 TOTAL BASEBALL FIELDS USED TUESDAY. THURSDAY & SAT CITY OF LONG LAKE Cirr' OF MAPLE PLAIN MEDINA CITY OF ORONO SCHOOL DISTRICT PRIMARY SCHOOL MAPLE PLAIN MIDDLE SCHOOL HIGH SCHOOL LEE CARLSON FIELDS 1 HOLBROOK 3 RAINBOW 1 NORTH FIELD 2 MORNINGSIDE 2 HACKBERRY 1 BEDERWOOD INSTRUCTIONAL TBALL TBALL INSTRUCTIONAL (LIMITED TO 2 NIGHTS) 2 SMALL FIELDS BY TENNIS COURTS 1 GRASS FIELD NO BACK STOP 6 2 TOTAL PERCENTAGE OF GIRLS FROM DIFFERENT COMMUNITIES APPROX. FIGURES DUE TO MAILING ADDRESSES INDEPENDENCE LONG LAKE MAPLE PAIN MEDINA MINNETONKA BEACH ORONO 8.50 13.00 18.00 16.00 3.50 41.00 100.00 1996 .ESTIMATED # o£ TEAllS and Number of Fields needed: Teams Using 60 foot ba-.icpaths: T-Ball (5 & 6 yr. olds) Instructional (7-8 yc olds) Pitching Machine (9-10 yr olds) Jr. Major League (10-12 yr olds) Major League (10-12 yr olds) 12 Teams 12 Teams 10 Teams 8 Teams 6 Teams Fields Needed: T-Ball - 2 games per week 5 Instruct ional ” '* '* Pitching Mach.- 2 games, 1 practice per week 12 (2 teams per game) » 11 If ft M Jr Majors - Majors 2 games, 1 practice 12 Fields 12 Fields 20 Fields 16 Fields 12 Fields 72 Fields 2 games, 1 practice Totals (Ideally, 9-12 year olds (P.Machine, Jr. Majors, Majors) would use fieldi with mounds and grass infields.) Lee Carlson Fields Bed t-r wood_ _ _ _ _ Totals Available Fields (with no RainOow HacKoerry Morningside Primary Scncol Middle School Schumann High School Holb. ook 1 4 Totals grass): Pields, Field , 9 9 6 2 days per davs oer week = week * 12 2 Fields 14 Infield): Fields,3 days mm 6 Fields,3 days 9 6 Fields,3 days 9 6 Fields,3 days *12 Fields,3 days S 6 Field ,3 days 3 Fields,3 days 9 12 Field.3 days =_1 Fields,3 days S 54 Total needed = 72 Total Available = 68 * j *. This difference is made ip by playing double & triple headers at tne Carlson Fields on Saturday. As you can see, we use every field that is a|(axlable to it*s max #• --- - . 1996 ESTIMATED it of TEAMS and Number of Fields needed: Teams Uising 75 foot basepaths: 13 Year old Sr. Spaiatans - 5 teams Only field available is the field adjacent to the Maple Plain town team field. Use is restricted by Men's softball to Wednesday through Saturday 6 some Sundays. NO mound or infield grass available. Teams using 90 foot basepath 14-15 yr old Sr. Spartans 16 yr old Mickey Mantle 17-16 yi old .Amer. Legion - 5 teams - 1 team - 1 team Fields available: Varsity Field Jr. Varsity Field Town Team Field - Maple Plain (all shared v/ith the High School teams and Men's teams) All have mounda and infield grass. X REQUEST FOR COUNCIL ACTION ;X X %• DATE: March 19, 1996X ITEM NO:i Department Approval: Name Ron Moorse Title City Administrator Item Description: Administrator Reviewed:Agenda Section: Administrator ’s Report Volunteer Commission Appointments The two Planning Commission members and the two Park Commission members whose terms are expiring have all indicated an interest in serving an additional term. The vacancy created by Candace Rowlette ’s resignation from the Planning Commission has been advertised in the local newspaper. The city has at this point received two applications for the position. The closing date for applications is March 25. Any additional applications received will be provided to the Council. If the number of applications received is very small, the Council may wish to consider readveriising the vacancy both in the local newspaper and in the city newsletter. COUNCIL ACTION REQUESTED: Motion to provide staff with direction regarding the next steps to take to fill the Planning Commission vacancy. I / •*r* /o"•j ^ ciTTof /i il O'^ •VV,- "i-ii Munidpal Offce* Pen Oflic* Box M 07«al Bar. .MinneM £ij2M0« \' ^//XFT irpHOtNE - 4T3-7357 • ECC-03-0510 FEB ^8 1896 I » •- r j -OR CITIZEN ADVISORY COMMISSIONS application rOR CliX- Cotrcaission Applying For Parks Commission Planning Commission Con.-nunity Task Force (Nane) Brian Peterson Name Address 1100 North Shore Drive West post Office S fi? CO'S® Telephone (H) 472-3954 (W)525-0976 Resident of Orono years "°'^’pr^^a1iir?n'the heating and air conditioning industry. 1 have had nun business for M year, seiltr... coonercial »nd industrlaj. heating and air conditioning products. "ntapTeted High School. Graduated fr^o.DHvoodr,rB^^ in Industrial Controls and Communications. Civic and volunteer Activities (past and present) ____ I have attended and participated in civic mny and have’ attended council. Par'; '"nmr ~r^TOmiin meetings r'r* *•m ressoos for wanting to serve on this Commission Use additional sheet i£state your possible. (Please be as specxf ' get involved in the comn-unity• and a contribution of time and commitment in this area. a. ^ long time rpsidpnl- Of Qrahd^ T H,-inrr fhe concems> interest and desires Qf fhp ritir.pss toward a comprehensive view of controlled growth role of the Commission? What is your vxew of tb To’-learn more about the we can assist in guiding developmen other comments: C»ancii°?o “conhid^^^ consider -) X understand this appointment may be discussed at pab X i 2.- n Date r' . - f* MumdpalOff* Bar. iCowsoo _^0XE-«-T!i7 . ECC..-rMn» IZEN advisort commissions Coirraission Apolyinc Jot: parks Corrmissior^ A Planning Cotnnission c=unit:7 V/illiara J. Stoddard Nane 2605 Kelly Avc Address ---------------------- Pos t; Office "ip Code ___ orono, MN 55331 (Fvr-^1 ^ior Po°r nffin»» 595-8880 Telephone (H)471-8088 (W) Residen t orf Otono 3*vears - Work Experience: Prpc;-irfpnt/CBO of SaTT-i A r.nt--i^n.-ii environmental ■^<t.or-inn *^11111 apnrn^lmatelv 85 employees and.revs ^ ♦.ma-rtnivprsitv of St. t-Q attach. (professional profile) —5S-University of Platreville, Platteville, WI Education Sorae course vvork at Uof M Lnvirnninental studiiSS citric and Voluntaet &rti.rities (pas Entreoreneur S Enviroatnental pT-o.Tr->r.c; t and present) * of St. Thomas - Frequent ^oinnai- PROFESSIONAL PROFILE WILLIAM J. STODDARD President/CEO Professional Summary Mr Stoddard has over sixteen years of project management and administrative experience in the profession^ engineenns end consulting fields. His experience includes extensive project manavemem. technical investigation and remediation tn environmental and regulatory agency compliance support including assessment, audit, remedial mvestigationsyfeasibility studies, underground storage tank management, groundwater recovery system design, and natural resource permitting. Professional E.xperience o Established five offices of Summit Envirosolutions, Inc. nationwide, including Minneapoli.s. Minnesota; Milwaukee, Wisconsin; Seattle, Washington; Reno. Nevada; and Palm Beach. Florida. o Prior to mcoiporatina Summit Envirosolutions. served as Vice President at two of the larsest national environmental consulting and engineering companies, with headquancrs w in the midwest United States. o Performed building audits, assessments, and investigations at hundreds of sites throughout the United States. o Served as proiect manager for client with ten sites throughout the metropolitan Minneapolis/Si.’ Paul area in need of Pha.se 1 through Phase IH assessment and remediation activities within a two-month time frame prior to partnership restructuring and refinancing. o Serv'ed as project manager at a commercial building site previously built over an old landfill that required investigative and remediation activities while meeting clients stringent time requirements due to sale ot the property. o Served as project manager for clients with multi-site locations requinng assessment and remediation of environmental problems including petroleum releases, hazardous waste manasement and disposal, and asbestos management plans and abatement. o Has given numerous depositions and expert testimony tor projecLs involving legal action. Summif EnvwosoKjfions WILUAM J. STODOAKO PtofeoBonai PnMile Education o M.B.A. University of St. Thomas, St. Paul, Minnesota o M S Studies Environmental Engineering. Solid and Hazardous Waste Management University of Minnesota, Minneapolis, Minnesota o B.S., BCM/ Building Construction Management and Engineering Engineering Univeisity of Platteville, Platteville. Wisconsin Professional Affiliations o o o o o o o o YPO - Young Presidents Organization The Council of Growing Companies NGWA - National Ground Water Association ACEC - American Consulting Engineers Council CECM - Consulting Engineers Council ot Minnesota lEC - International Engineering Committee ICEM - Industrial Council on Environmental Management NACORE - International A.ssociation of Coiporate Real Estate Executives Professional Publications/Prcsentatioiis/Awards o o o o o o Small Businessman of the Year Nominee, 1993. "U.S. Registry - Who's Who in Leading American Executives, numerous times. Universitv of St. Thomas - Practicing Entrepreneur Award. May 1992. •The Importance of In Situ Biodegradation as a Remediation Technology." 1990. "Structure Building Failures," June 1982 "Ensineers - Technical Responsibilities and Careers. Ociobei 1982. Continuing Education/Speciali/.ed Training o o o o Numerous business and management seminars and conterences. Association of Ground Water Scientists and Engineers; NWWA Eastern Regional Ground Water Is.sucs & Conference. 1988. .Minnesota Consultants and Ground Water Professionals; Environmental Sue Assessmen and Audit Forum. 1988. ^ . . University of Nebraska-Lincoln; Independent Study Course in Field Soils Inspection Plan Review. 1981. South Dakota State University; Soils and Foundations Course, 1980. 40-hour OSHA 1910.120 Hazardous Materials Handling Training. Surnmt EnvwosoiutKXTS REQUEST FOR COUNCIL ACTION ‘5-X DATE: March 1^^) ITEM NO: / ^S. \ •%* Department Approval: Name Roa Moorse Title City Admimsiraior Administrator Reviewed: h/'S Agenda Section: Administrator’s Report Item Description: City Recorder Fee Adjustment The current City Recorder fee schedule is as follows: 2 hour meeting 3 hour meeting 4 hour meeting 5 hour meeting $ 80.00 $100.00 $120.00 $140.00 At the time this fee schedule was put into place, the recorder was relatively new to the position. The Recorder now has had an oppormnity to become familiar with the position and the requirements of the position; especially in terms of the amount of time required to perform the full process of recording minutes for the City Council, Planmng Commission and Park Commission. Based on the amount of time required, it is recommended the fee schedule for the Citv Recorder be increased as follows; 2 hour meeting 3 hour meeting 4 hour meeting 5 hour meeting $100.00 $120.00 $150.00 $180.00 COUNCIL ACTION REQUESTED: Motion to approve the fee schedule for the City Recorder as indicated above, REQUEST FOR COUNCIL ACTION * V % DATE: March 18, 19^^ ® % ITEM NO " / ( Department Approval: Name John R. Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: Public Works Item Description: Carpet Installation - Golf Course For 1996 an amount of $3,000 was budgeted for carpet replacement at the Orono Golf Course clubhouse. The following are the bids received; Gef&e Interiors Lakeshore Interiors Winter Carpet Inc. $3,067.20 $2,779.74 $2,359.00 It is recommended to purchase the carpet and installation from Winter Carpet Inc. COUNCIL ACTION REQUESTED: To purchase the carpet and installation for the Orono Golf Course clubhouse from Winter Carpet Inc. for an amount of $2,359.00. ch Ilf' TO: Mayor and City Council FROM: Ron Moorse, City Administrator DATE: March 19, 19% as i99s °«QNO SUBJECT: Lake Minnetonka Goose Population Management Program Several cities on Lake Minnetonka are coordinating an effon to bring all cities around th^ lake together with the University of Minnesota, the LMCD and the MCWD in a joint effort to manage the population of geese and to manage the problems caused by an over population of geese in the lake area. At its February 26. 1996 meeting the City Council decided against participation in the joint effort. The joint effort involves a joint grant application to the LCMR for ftmding of efforts to manage the goose population and the problems caused by a large goose population in the lake area. I have attached two letters from the MCWD in support of the goose management program, and indicating the MCWD will contribute $10,000 toward the joint program if alt 14 of the Lake Minnetonka cities agree to panicipate in the program. The city’s participation in the program involves participation in a grant application to the LCMR, and a commitment to provide $1,000 in each of two years toward the goose management program, ■ Tiiiirramf ■■■ MINNEHAHA CREEK WATERSHED DISTRICT « Gray Freshwster Center, Navarre 2500 Shadywood Road, Suite 37 Excelsior, Minnesota 55331 Ptione: 612/471-09M Fax: 612/471-0682 HMJBI OF HMUttBIS: Jolm E. Thomas. President; PameU G. Blixt, Vice President Martiu S. Hartflei, Secreiaiy; Thomas W. LaBounty, Treasurer; Monica Gross: C. Woodrow Love: Thomas M^He. Jr. MiNiiesoTsnivtn February 26, 1996 Mayor and City Council Members Lake Minnetonka Riparian Cities Regarding; Lake Minnetonka Nuisance Canada Goose Population Management Program Water quality of Lake Minnetonka is subject to a wide range of damaging impacts. Some of these impacts may not be devasting alone. But in combination with all the negative impacts on Lake Minnetonka, their combined effect creates highly undesirable results. The MCWD Board of Managers evaluated the proposed Canada Goose Population Management Program at its February 22 meeting The Board of Managers concluded this program merits active support of the District as well as the fourteen cities surrounding Lake Minnetonka In so doing the board issues a challenge for 100% participation of the cities riparian to Lake Minnetonka in this program Please see our February 23 letter. We understand as of February 22 that seven of the fourteen Lake Minnetonka cities have officially supported the program, with three more expected to take positive action soon. The Board of Managers compliments the cities which have or are preparing to be a part of this program. Our appeal now is to the cities which have either set this program aside or initially took action not to participate. We believe the LCMR will be highly inclined to approve the grant with all founeen cities participating, along with the addition of the Minnehaha Creek Watershed District. All of us have an investment in Lake Minnetonka’s water quality. May we count on 100% of the Lake Minnetonka cities sharing in this water quality, as well as public health investment? We look to a positive response from all cities by April 1. Please let us know if we or others can assist in your affirmative action. Sincerdv, Tom Maple Board of Managers District Director Eugene R. Strommen. Assistant District Director Suzanne M. Weedman o MINNEHAHA CREEK WATERSHED DISTRICT f Gray Freshwater Center, Navarre ^**^®*^ 2500 Shadywood Road, Suite 37 Excelsior, Minnesota 55331 Phone; 612/4714)590 Fax: 612/4714)682 lOMIO OF MMUCfllS: John E. Thomas. Prtsident; Pimeia G. BOxl Vic« President Martha S. HartM. Sarelaiy; Thonas W. LaBoanty. TroMirBr. Moniea Gross; C. Woodrow Low; Thomas Jr. February 23, 1996 Mr. G. Alan Willcutt, Executive Director Lake Minnetonka Conservation District 900 E Wayzata Blvd., Suite 160 Wayzata, NfN 55391 Dear Mr Willcutt, The Board of Managers of the Minnehaha Creek Watershed District (District) recognizes the Lake Minnetonka Nuisance Canada Goose Population Management Program for its significance in achieving water quality improvements Of panicular concern to the District is the phosphorus loading in Lake Minnetonka. The projected reduction of some 500 pounds of phosphorus during the peak breeding months of June through Augus* is an accomplishment in itself The long term benefit of maintaining population conirol is the key to the program’s ultimate success While this proposed program covers tv.o years, we believe it could set the stage for long-term control as an initiative among all the panicipants The District also recognizes the public health concern of geese populations surrounding public beaches and city parks. It also believes public education is an important element in reducing the lake area’s attractiveness as a habitat and source of food. The Board of Managers strongly believes that a program of this kind requires fijll participation of all of the benefiting cities. For that reason the Board of Managers issues a challenge, calling for all 14 cities sharing Lake Minnetonka shoreline to participate in the program as the basis for the District’s cost share participation in the amount of $10,000 for the 1997-98 biennium more District Director Eugene R. Strommen. Assistant District Director Suzanne M, Wetdman O T Mimictoiika Nuisance Goose Population Management, 2/23/96, Page 2 The District encourages all cities not yet committed to this program to do so within thirty days. Giving the lead time for this communication, we will look to having all 14 Lake Minnetonka cities to be committed to the project by April 1, 1996. Upon achieving this goal April 1 the District’s $10,000 commitment will be confirmed. Thank you for inviting the Minnehaha Creek Watershed District to be a cooperator. Sincerely, MINNEHAHA CREEK WATERSHED DISTRICT Tnomas Maple ' Board of Managers I "•W , REQUEST FOR COUNCIL ACTION DATE: March 22. ITEM NO; /Ji \ Department Approval: Name Dorothy Hallin Title City Cl'erk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval No licenses. COUNCIL ACTION REQUESTED: r // / .1A I'l 2 Wmr 1996 jm 2:27 PM Check Register City of Orono Check Number £>ete Neine 3Mck Number 51111 51111 CITY COUNTY CREDIT LTIICN 13-Mar-96 CITY COUNTY CREDIT UNION Totsla Check Number 51111 CITY COUNTY CREDIT UNION Nuif^r 51112 FIRST NATIONAL BANK OF LAKES £1112 51112 13-Mar-96 l3-Mar-96 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totalfl Check Number 51112 FIRST NATIONAL BANK OF LAKES Check Number 51113 GREAT WEST LIFE ASSURANCE CO 51113 13-Mar-96 GREAT WEST LIFE ASSURANCE CO Totals Check Number 51113 GREAT WEST LIFE ASSURANCE CO .heck Number 51114 HENNEPIN CO. SUPPORT k COLL 51114 13-Mar-96 HENI^EPIN CO. SUPPORT k COLL Totals Check Number 51114 KENTIEPIN CO. SUPPORT k COLL ;«ck Number 51115 HENNEPIN CCUNTY SUPPORT k COLL 51115 13-Mar-96 HENNEPIN COUNTY SUPPORT k COLL Totals Check Number 51115 HENNEPIN COUNTY SUPPORT k COLL Check Number 51116 ICMA RETIREMEirr TRUST - 457 51116 13-Mar-96 ICMA RETIREMEirr TRUST - 457 Totals Check Number 51116 ICMA RETIREMETJT TRUST - 4 57 Check Number 51117 LAW ENFORCMENT LAEuR SERVICE 51117 13-Mar-96 LAW ENFORCME^n* LABOR SERVICE Totals Check Number 51117 LAW ENFORCMENT LAECT SERVICE Check Number 51118 MN DEPT OF RE’/EIiUE 51118 13-Mar-96 MN DEPT OF RE'/EN^ Totals Check Number 51118 MN DEPT OF REVENUE Theck Number 51119 MN MUTUAL LIFE 51119 13-Mar-96 MN MUTUAL LIFE Totals Check Number 51119 MN MUTUAL LIFE Transaction Amount 5.744.00 5.744.00 9.719.79 2.929.40 12.649.19 1.265.00 1.265.00 164 92 164 82 174 50 174.50 100.00 100.00 0.00 0.00 2.974.37 2.974.37 55.00 55.00 Page \ Coftments SAVINGS N/H k TRANSFERRED FIT.FICA.MEDCR W/H FICA.MEDCR CITY SH/AE DEFERRED COMP W/H THOMTCN 8CG266780 SKREEN #00262310 DEFERRED COMP W/H UNION DUFS W/H STATE TAX W/H DEFERRED COMP W/H 12 mr 1996 7U« 2:27 PM Check Register City of Crono Check IMllb€7 Dete Umam Che^ lUnher SIUO 51120 MB STATS R£TIRDfE3rr-OCP COMP 13-Mar-96 m STATE R£TIR£PCBT-D£F COMP Totale Check Bumber 51120 MB STATE RETIREMENT-DEF COMP C3ieck 511^1 PEBSCO/OBRA 51121 13-Mar*96 PEBSCO/CBRA Totals Check Humber 51121 PEBSCO/OBRA Sieck BiMber 51122 PEBSCO/CJS CONF OF MAYORS 51122 13-Mar-96 PEBSCO/US COHF OF MAYORS Tocals Check Humber 51122 PEBSCO/US CONF uF A/OR;. Zheck Huaiber 51123 PERA 51123 51123 13-Mar-96 13-Mar-96 PERA PERA Totals Check Number 51123 PERA Zheck Number 51124 UNITED WAY 51124 13-Mar-96 UNITED WAY Totals Check Number 51124 UNITED WAY ^rand Total Transaction Amount 150.00 150.00 131.09 131.09 1.485.00 1.485.00 3.692.62 4.860.21 8,552.83 29.00 29.00 33.374.80 Page 2 Comments DEFERRED CCMP B/H CBRA DEFERRED CCMP W/H USCM DEFERRED COMP W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H k 1 T. .. J iratf^fWvifltirrtAT'TV I-H frm» .rv- »!••• 1996 iu 1:37 PM Check Nuifcer Date ^k Nuiter 51125 ALL 5112S 18-Nar-96 51125 18-Mar-96 51125 18-Mar-96 Check Rc9lster City of Orofw Page 1 ALL STAR ELECTRIC ALL STAR ELECTRIC ALL STAR ELECTRIC Totals Check IlLliRjer 51125 ALL STAR ELECTRIC cck Muriaer 51126 AMERICAN NATIONAL BANK 51126 51126 51126 51126 51126 18-Mar-96 18-Mer-96 21-M«p-96 21-Mar-96 18-Mar-96 AMERICAN AMERICAN AMERICAN AMERICAN AMERICAN NATIONAL BANie NATIONAL BANK NATIONAL BANK NATIONAL BANK NATIONAL BANK Totals Check Nuiter 51126 AMERICAN NATIONAL BANK leck NUBber 51127 ANCHOR PAPER 51127 18-Mar-96 ANCHOR PAPER Totals Check Nuil)er 51127 anchor PAPER ick NUlRjer 51128 ASCOM mailing systems 51128 18-Mar-96 ASCOM MAILING SYSTEMS Totals Check Nuitoer 51128 ASCOM MAILING SYSTEMS «ck NuiRier 51129 ATtT WIRELESS SERVICES 51129 21-Mar-96 ATiT WIRELESS SERVICES Totals Check NuiRjer 51129 AT4T WIRELESS SERVICES .leCk Nuiter !>1130 BCA/FORENSIC SCIENCE LAB 51130 18-Mar-96 BCA/FORENSIC SCIENCE LAB Totals Check Nijiter 51130 BCA/FORENSIC SCIENCE LAB heck Ntjiter 51131 BERGERSON-CASUELL INC. 51131 18-Mar-96 BERGERSON-CASWELL INC. Totals Check Nuikjer 51131 BERGERSON-CASUELL INC. heck NuiRjer 51132 B08ZIEN, SUE 51132 18-Mar-96 BOBZIEN, SUE Totals Check Nuiter 51132 BOBZIEN, SUE Transection Aanunt 30.00 225.37 187.17 442.54 25.00 177.20 479.35 479.30 110.00 1,270.85 662.22 662.22 164.25 164.25 33.63 33.63 40.00 40.00 1,887.00 1,887.00 71.75 71.75 Coaiaents L.S. i6 PANEL CHECK GENERATOR 8 PU INSTALL WARNING LIGHTS SECURITIES DESTRUCTION PAYING AGENT FEE AGENT i CLOSING FEES AGENT I CLOSING FEES PAYING AGENT FEE COPY PAPER METER RENTAL GERHARDSON CELL PHONE THOMTON-INTOXILYZER CRS #2 HIGH SERVICE PUMP BOOKS REIMS. t1 Nw IfM 1M 1:37 PM ClMck Check City of Orono Dot* Naiw 51133 aOklS, SCOTT 51133 18-Mar-96 MitS. SCOTT Totals Chock NisMwr 51133 MRIS. SCOTT 51134 SIACKETT'S CSOSSIMS CaUMTKT CL 51134 21-Mar-96 MAOCETT'S CROSSIHO COUMTRT CL Totals Chock NuMBor 51134 MACKETT'S CROSSING COUNTRY CL 51135 lUDGET PRINTING 51135 51135 21-Nar-G6 18-Mar-96 SUDCET PflINTIHS BUDGET PRINTING Transaction Amount 21.0^ 21.09 170.00 170.00 4.62 160.79 Pags 2 Coaiaents MEALS REIMt. BASKETS I UTR COOLER STAN SHIPPING CHARGES DAILY ACT. LOG Totals Check NijMBor 51135 BUDGET PRINTING 165.41 Check Nuater 51136 COP IMAGING SYSTEMS 51136 21-Nar-96 COP IMAGING SYSTEMS 189.37 MARCH LEASE Totals Check Nuiter 51136 COP IMAGING SYSTEMS 189.87 Check Nuiter 51137 CHUNKS LAKESHORE AUTO 51137 18-Mar-96 CHUNKS UKESHORE AUTO 25.12 #175 OIL CHANGE 51137 18-Mar-96 CHUNKS LAKESHORE AUTO 133.60 #172 BATTERY 4 DIAG 51137 18‘Mar-96 CHUNKS LAKESHORE AUTO 17.04 #174 REPAIR DOME LIGHT 51137 18-Mar*96 CHUNKS LAKESHORE AUTO 48.60 #170 STARTER REPAIR 51137 18Mar-96 CHUNKS LAKESHORE AUTO 133.60 #173 BATTERY 4 DIAG. 51137 18Mar>96 CHUNKS LAKESHORE AUTO 16.20 #171 REPLACE BATTERY Totals Check Neuter 51137 CHUNKS LAKESHORE AUTO 374.16 Check Niiiter 51138 COLONIAL LIFE INSURANCE CO. 51138 1 21-Mar-96 COLONIAL LIFE INSURANCE CO.871.23 APRIL INSURANCE Totals Check Nuiter 51138 COLONIAL LIFE INSURANCE CO.871.23 Check Nimber 51139 COUNTRYSIDE HEAYING 4 COOLING 51139 18-Mar-96 COUNTRYSIDE HEATING t COOLING 35.00 BALANCE SYSTEM EST. Twtals Check Nmter 51139 COUNTRYSIDE HEATING & COOLING 35.00 Check Ntfii^r 51140 CYS UNIFORMS 51140 18-Mar-96 CYS UNIFORMS 195.69 TOMCHECK UNIFORM Totals Check Nuiter 51 KO CYS UNIFORMS 195.er9 Check Nvjnber 51141 DEPT OF ADMINISTRATION H mr 19N tku 1:37 M Check RegUtcr City of Orono CtMck Chock Mutter 51U1 S1U1 51U1 Totals Chock 3lOCk 51142 OOTLE INC. 51142 51142 18-Nor-96 18-Mor-96 OOTLE IMC. OOTLE IMC. Totals Chock Muter 51142 OOTLE IMC. Chock Muter 51143 ENGLISH, IRVING 51143 18-Mar-96 ENGLISH. IRVIMC Totals Check Muter 51143 ENGLISH, IRVING aieCk Muter 51144 ESI COMMUNICATIONS 51144 18-Mar-96 ESI COMMUNICATIMS Totals Check Muter 51144 ESI COMWJNICATIOHS aiocfc Muter 51145 FACKLER, SUZANNE 51145 21-Mar-96 FACKLER, SUZANNE Totals Check Nuter 51145 FACKLER. SUZANNE Check Nuter 51146 FEDEX 51146 18-Mar-96 FEDEX Totals Check Nutter 51146 FEDEX Check Nuter 51147 FEED RITE CONTROLS 51147 51147 18-Mar-96 18-Mar-96 FEED RITE CONTROLS FEED RITE CONTROLS Totals Check Nutter 51147 FEED RITE CONTROLS Check Nutter 51148 FLOTD TOTAL SECURITT 51148 18-Mar-96 FLOYD TOTAL SECURITY Totals Check Nutter 51148 FLOYD TOTAL SECURITY Check Muter 51149 0 8 K SERVICES 51149 21-Mar-96 G 4 K SERVICES 235.20 129.31 364.51 29.61 29.61 127.11 127.11 25.00 25.00 14.00 14.00 71.88 20.00 91.88 169.00 169.00 152.28 Raoo 3 Transaction Date Naow Aanunt CoaMTts 51141 OCPT 18-Mar-M 18*Nar*96 18-Mar-96 Of ADMINISTRATION DEPT OF ADMINISTRATION OEPT 0F ADMINISTRATION DEPT OF AOMIHISTRATION 36.16 235.62 570.91 AS BUIITS PLANN COMMISSION ZONING FILES ter 51141 DEPT OF ADMINISTRATION 842.89 COUPLING DRIVE SHAFT MEALS, PARKING REIMS. PHONE SWITCHING REFUND KENNEL LICENSE PACKAGE TO HURR FLUORIDE CONTAINER CHARGE SECURITY MONITORING FLOOR HATS r 19M 1:37 m ClMck dtcck tcyister City of Orono r 51U9 51149 51149 51149 51149 51149 Oat* 51149 6 & K 21>R*r*96 21-ltor-96 18-M*r-96 18-Mar -96 18-M*r-96 21-Mar-96 SEtViaS 6 8 K SfRVICCS 6 8 K SCRVICES 6 8 K SERVICES 6 8 K SERVICES G 8 K SERVICES C 8 K SERVICES Totala Chack Mater 51 U9 G 8 K services hack Mater 51150 GAU'S INC. 51150 51150 21-Mar-96 18-Mar-96 CALL'S INC. GALL'S INC. Totals Check Mjiter 51150 GALL'S inc . ck Muter 51151 gerring 's car wash 51151 18-Mar-96 GERRING'S CAR WASH Totals Chack Muter 51151 GERRING'S car wash lhack Mater 51152 HALLIN, DOROTHY 51152 21-Mar-96 HALLIN, DOROTHY Totals Check Muter 51152 hall IN, DOROTHY lhack Muter 51153 healthpartners 51153 51153 51153 18-Mar-96 18-Mar-96 18-M*r-96 healthpartners healthpartners healthpartners Totals Check Nuiter 51153 HEALTHPARTNERS thack Nuter S115A hennepin county -financial 51154 18-Mar-96 HENNEPIN COUNTY-FINANCIAL Totals Check Nuter 51154 HENNEPIN COUNTY-FINANCIAL thack Nuter 51155 HENNEPIN COUNTY-TAX 51155 18-Mar-96 HENNEPIN COUNTY-TAX Totals Check Nuter 51155 HENNEPIN COUNTY-TAX thack Nuter 51156 INTERSTATE DETROIT DIESEL 51156 18-Har-96 INTERSTATE DETROIT DIESEL Totals Check Nuter 51156 INTERSTATE DETROIT DIESEL 39.94 23.94 63.88 14.00 14.00 279.25 279.25 313.50 2,671.06 1,706.09 4,690.65 70.50 70.50 358.05 358.05 242.00 242.00 Pas* 4 Transaction Anfiunt Cunsnta 47.09 FLOOR MATS 47.09 FLOOR NATS 10.28 RATR8UN 70.24 STREET EMPLOYEES 4.73 STEFFENHACEM 42.00 AD FOR BIDS-KELLY AVE 373.71 REPLACE flashing LIGHTS BUL8 FOR FLASHER CAR WASH TICKETS MCFOA EXPENSE REIMS. APRIL INSURANCE APRIL INSURANCE APRIL INSURANCE hazardous waste bill SPECIAL ASSESSMENTS CLOSE SAFEGUARD BREAKER 21 Iter 1996 iMi 1:37 PH ClMck Check Icflister City of Orone dMck lkjii»r 51157 51157 Date NiMa 51157 LAKE COUMTUT CHAPTER IS-Mar-96 LAKE COUNTRY CHAPTER 18-lter-96 LAKE COUNTRY CHAPTER Totals Check Nuiter 51157 LAKE -COUNTRY CHAPTER Check 5115C lOCIS 51158 18-Har-96 LOCIS Totals Check Nurtwr 51158 LOCIS .heck Htaiter 51159 51159 NALEFI 18-Msr*96 HALEFI Totals Check Nissbcr 51159 HALEFI Check Nuiter 51160 51160 HALLOT KARNOWSKl A CO 21-Har-96 Totals Check Nurtier MALLOY KARNOWSKl A CO. 51160 MALLOY KARNOWSKl A CO. :heck Nuaber 51161 51161 51161 51161 MEOICA CHOICE 21-Har-96 21-Har-96 21-Har-96 Totals Check Muaber MEDICA CHOICE MEOICA CHOICE MEDICA CHOICE 51161 MEDICA CHOICE 'Jieck Ncnber 51162 51162 METRO WASTE CONTROL COMMISSION 18-Har-96 Totals Check Kinber METRO WASTE CONTROL COMMISSION 51162 METRO WASTE CONTROL COMMISSION Sleek Niater 51163 51163 HGCSA 18-Har-96 MGCSA Totals Check Ninber 51163 MGCSA Check Nunber 5116A 51164 MINNEAPOLIS OXYGEN COMPANY 18-MaP-96 Totals Check Nunber MINNEAPOLIS OXYGEN COMPANY 51164 MINNEAPOLIS OXYGEN COMPANY :hcck Ncnber 51165 MPLS COMMUNITY COLLEGE Traraaction AflBunt 125.00 125.00 250.00 3,127.68 3,127.68 15.00 15.00 2,159.00 2,159.00 262.03 112.29 10,590.71 10,965.03 23,746.00 23,746.00 15.00 15.00 45.00 45.00 Pa9e 5 Cosnents VANG-REGISTRATION QHAN-REGISTRATION JAN CHARGES J0HNS0N-NEM8ERSHIP PROCESS THRU 1/31/96 APRIL INSURANCE APRIL INSURANCE APRIL INSURANCE APRIL SEWER STEFFENHAGEN-REGISTRATION ACETYLENE 51165 18-Mar-96 MPLS COMMUNITY COLLEGE 175.00 KARNITZ-REPORT WRITING n Htr im riM 1:57 m Check Re9i8ter City of Orooo Chock Dot* 51165 MPLS COIftJliITT COLLEGE 18-Mor-96 MM COMMIITY COLLEGE51165 T0t«(t Chock N«jrt>or 51165 HPLS COtMUTY COLLEGE Chock Mter 51166 tWOTHERh 51166 18-Mor-96 IfflRTHEIlll Totals Chock NvMbor 51166 H0RTHER8 Chock IhJiRWP 51167 MORTHERM URTER WORKS SUPPLY 51167 21-Mar-96 MORTHERM WATER WORKS SUPPLY Totals Chock Mui*>er 51167 MORTHERM MATER WORKS SUPPLY Check MuiOor 51168 OEFICE DEPOT 51168 18-Mar-96 OFFICE DEPOT Totals Check MuiR>or 51168 OFFICE DEPOT Chock Murt)er 51169 OLSON. JOHM C 51169 21-Mar-96 OLSON, JOHM C Totals Check Ntnter 51169 OLSON, JOHM C Chock Nunbor 51170 0PM IMFORMATIOM SYSTEMS 51170 ia-Mar-96 0PM IMFORMATIOM SYSTEMS Totals Check Nuitoer 51170 0PM IMFORMATIOM SYSTEMS Chock Mvjrtjor 51171 PERRYS TRUCK REPAIR 51171 51171 51171 18-Mar-96 18-Mar-96 18-Mar-96 PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR Totals Check Mun*»er 51171 PERRYS TRUCK REPAIR Check Nu!e»er 51172 PIONEER 51172 51172 18-Mar-96 18-Mar-96 PIONEER PIONEER Totals Check Mi*toer 51172 PIONEER Check MuiRier 51173 POPHAM HAIK & ASSOC 51173 21-Mar-96 POPHAM HAIK t ASSOC Totals Check Nuiteer 51173 POPHAM HAIK t ASSOC Transaction Aaouit 80.00 255.00 529.89 529.89 695.84 695.84 76.08 76.08 228.00 228.00 89.00 89.00 17.07 81.34 98.41 3,520.30 3,520.30 Paee 6 Connents DEMIQUSKI-ST. INVESTIGATI TRAILER GENERATOR RECEPTACLE MISC SUPPLIES MCFQA EXPENSE REIMS. nPEWRITER MAINT CONTRACT 50.05 #170 378.83 #425 210.85 #424 639.73 HILBELINK LAND USE APRS JAN RETAINER .1 Mar 1996 mi U37 Pn Check Resister City of Orono Check Date ‘Slack Nuiter 51174 51174 POST tOAKO 21-Mar-96 POST lOARO Totals Check Ntaiter 51174 POST BOARD Stack maiRwr 51175 PRO TIRE I EXHAUST 51175 51175 51175 51175 51175 51175 51175 51175 18-Mar-96 21-Mar-96 21-Mar*96 21-Mar-96 21-Mar-96 21-Mar-96 21-Mar-96 21-Mar-96 PRO TIRE PRO TIRE PRO TIRE PRO TIRE PRO TIRE PRO TIRE PRO TIRE PRO TIRE t EXHAUST t EXHAUST i EXHAUST B EXHAUST t EXHAUST t EXHAUST I EXHAUST I EXHAUST Totals Check Murt*r 51175 PRO TIRE S EXHAUST .sack HuiRjer 51176 PUBLIC SAFETY EQUIPMEHT CO. 51176 18-Mar-96 PUBLIC SAFETY EQUIPMEHT CO. Totals Check Mcatoer 51176 PUBLIC SAFETY EQUIPMEHT CO. -.eek Hmtoer 51177 R.O.T.A. 51177 18-Mar-96 R.O.T.A. Totals Check Nusber 51177 R.O.T.A. check Nuitwr 51 m ROLF ERICKSON ENTERPRISES 51178 18-Mar-96 ROLF ERICKSON ENTERPRISES Totals Check Mvjitoer 51178 ROLF ERICKSON EHTERPRISES Oieck Nuitoer 51179 SKORO, STEPHEN J. 51179 18-Mar-96 SKORO, STEPHEN J. Totals Check NuiOer 51179 SKORO, STEPHEN J. Check Nuiter 51180 SNYDER ORUC STORES 51180 51180 51180 21-Mar-96 18-Mar-96 18-Mar-96 SNYDER DRUG STORES SNYDER DRUG STORES SNYDER DRUG STORES Totals Check Nuiter 51180 SNYDER DRUG STORES Check Mifitier 51181 STREICHERS 21-Mar-96 STREICHERS51181 Transaction Aanunt 15.00 15.00 240.00 240.00 80.00 80.00 6,375.00 6,375.00 293.13 293.13 5.21 3.82 10.05 19.08 150.01 pRQe 7 FARNIOK-NOTIFICATION FORM 21.66 #176 OIL CHANGE 25.43 #172 Oil CHANGE 23.73 #173 Oil CHANGE 56.25 #171 RAOlATOt FlUSH 38.10 #171 Oil CHANGE 21.50 #174 TIRE REPAIRS 43.88 #170 WINTER WIPER BIADES 21.50 #170 TIRE REPAIRS 257.05 CALIBRATE RADAR UNITS TRAINING DAY 2/24/96 APRIL ASSESSING FEE REFUND OVERPAYMENT FILM FILM DEVELOPING MISC SUPPLIES STEEL BATONS 1 Mtr 19M hu 1:37 PW Check ieflUter City of Orono Check Date :heck Muiter S1181 51181 51181 51181 STREICHERS 18-Mar-96 STREICHEKS 18-Mar-96 STREICHERS IS'Mar-96 STREICHERS Totals Check Nuiter 51181 STREICHERS :hack Ikiriber 51182 STRGAR ROSCOE FAUSCH 51182 51182 18-Mar-96 18>Mar-96 STRGAR ROSCOE FAUSCH STRGAR ROSCOE FAUSCH Totals Check N 51182 STRGAR ROSCOE FAUSCH :heck Neuter 51183 SUBURBAN RATE AUTHORITY 51183 18Mar-96 SUBURBAN RATE AUTHORITY Totals Check Nuiter 51183 SUBURBAN RATE AUTHORITY :heck Nijiter 51184 THQMTON, MARK 51184 18-Mar-96 THOMTON, MARK Totals Check Nunber 51184 THQMTON. MARK :heck Neuter 51185 TOP SQUADS 51185 18-Mar<96 TOP SQUADS Totals Check Nunber 51185 TOP SQUADS :heck Nuiter 51186 TOWN I COUNTRY 51186 18-Mar-96 TOWN & COUNTRY Totals Check Neuter 51186 TOWN I COUNTRY Check Nuiter 51187 UNIFORMS UNLIMITED 51187 18-Mar-96 UNIFORMS UNLIMITED Totals Check Nenter 51187 UNIFORMS UNLIMITED ::heck Nuiter 51188 UNIV OF MINNESOTA 51188 21-Mar-96 UNIV OF MINNESOTA Totals Check Neuter 51188 UNIV OF MINNESOTA Check Niflter 51189 VILLAGE CHEVROLET 51189 18Mar-96 VILLAGE CHEVROLET Totals Check Nunber 51189 VILUGE CHEVROLET Transaction Amount 53.14 45.74 234.30 483.19 4,958.54 1,576.79 6,535.33 400.00 400.00 10.54 10.54 43.96 43.96 51.85 51.85 141.17 141.17 100.00 100.00 25.35 25.35 Page 8 CosRients RECiiA.C'rFABLE BATTERIES DRUG TEST KIT BITS,176 SETUP FSTP FUNDING APPLIC. T.N. 12 RELOCATION 1ST HALF 1996 MEMBERSHIP MEALS RE IMB. #167 TEAR DOWN TRASH LINERS TOMCZYK UNIFORM UECKMAN REGISTRATION #708 CABLE ~T -nmm 21 mr 1996 Thu 1:37 PM Qtcck Rtfister City of Orono P«9* 9 Chock Oatt MOM Transaction Amount Coamiants Chock Nuiter 51190 51190 UMtNIKG UTES OF MN 18-Nor-96 UARNING LITES OF HN Totals Chock 51190 UWOlllie UTES OF MN 92.66 92.66 rarricmie rental Grand Total 75,969.00 J 2 nr 1996 9:05 All Check Register City of Orono Page 1 Check Date 51191 51191 51191 51191 51191 51191 51191 51191 51191 51191 51191 51191 BQNESTRQQ 22-nr-96 22-nr-96 22-nr-96 22-nr-96 22-nr-96 22-nr-96 22-nr-96 22-nr-96 22-nr-96 22-nr-96 22-nr-96 ROSCNE A ASSOC. BONESTROO ROSE RE BONESTROO ROSERE BONESTROO ROSERE BONESTROO ROSERE BONESTROO ROSERE BONESTROO ROSERE pne?t:ROO ROSERE BONESTkOO ROSERE BONESTfvOO ROSERE BONESTROO ROSERE BONESTROO ROSERE ASSOC. ASSOC. ASSOC. ASSOC. ASSOC. ASSOC. ASSOC. ASSOC. ASSOC. ASSOC. ASSOC. Totals Check Runber 51191 BONESTROO ROSERE A ASSOC. heck Hcnber 51192 POPHAN HA 11C A ASSOC 51192 51192 22-Mar-96 22-nr-96 POPHAH HAIK A ASSOC POPHAM HAIK A ASSOC Totals Check Nunter 51192 POPHAM HAIK A ASSOC fend Total Transaction Amount 6.500.00 6.son nn 79.* 00 1.6A5.00 1.540.73 661.00 1.163.00 2.463.70 1.227.58 260.00 1.877.83 24.630.84 219.54 1.939.15 2.158.69 26.789.53 Cconients ncB RO TkAIL #13966 OCB RO TRAIL #13966 PkVEmUl MGMT-OCT PAVEMENT MGMT-DEC FiNAL-OCB RO ST IMPROV MUCC-REOMiVEYANCE DEC SERVICES OCTOBER SERVICES JULY SUR HOT SPOTS SUR HOT SPOTS JULY JULY SERVICES KELLY AVE SAN SUR-DEC OEC RETAINER 22 Mar 1996 m 9:41 AM -Unpaid Register City of Orono Social Check Employee Number DRployee Name Check Loc Code 001 ADMIN :407i3 468629489 VEB, LINDA S. :40779 471840871 BOSMA. JAMIE L. .40780 475380151 HALLIN. DOROTHY M 040781 477463977 KASEMAN. CAROLE A 340782 477700023 MOORSE. RONALD J. Totals Check Loc Code 001 ADMIN Check Loc Code 002 FINANCE 340785 470987727 MILLER. CHRISTOPHER K 040784 472500574 KUSHN. THOMAS M j4D786 476866274 OLSON. JOHN C. 470-98-7727 13-Mar-96 472-50-0574 13-Mar-96 476-86-6274 13-Mar-96 795.54 1,258.15 749 98 Totals Check Loc Code 002 FINANCE Check Loc Code 0C3 POLICE 2.803 67 040802 7-;3825 C40796 040794 :407:»0 M0792 340804 040807 040803 040798 C40787 040800 040791 040795 '.40805 C40788 0408C6 040797 040793 040789 040/99 140801 Ch-ck Loc Code 004 ANIMAL CTRL 040809 470089708 .-ISCHER. aiRISTCPHER K 040008 475987747 FAFJ4IJK. COPf3.*-Y L 470-08-9708 13-Mar-96 475-90-7747 13-Ma--96 125 68 205.40 Page 1 Security Check Check Check Number Date Amount Gross 468-62-9488 13-Mar-96 714 55 1,101.60 471-84-0871 13-Mar-96 312.46 751 45 475-30-0151 13-Mar-96 917 47 1,378.40 477-46-3877 l3-Mar-96 -^52 30 1,101.60 477-70-0023 13-Mar-96 1.479.61 :.8<«9.62 4.176.47 6.902 67 1.213.60 2.353.60 1.046.40 4.613.60 334506211 MORCWC2YNSKI. JAMES 334-50-6281 13-Mar-96 1.587.01 2.071 43 334506291 MORCWC2YNSKI. JAMES 334-50-6281 22-Mar-96 1.291.70 1,704.00 468701868 FISCHENICH. DAN T.468-70-1868 13-Mar-96 1.075.46 1.713.80 468821018 ENGLISH III, IRVING H.468-82-1018 13-Mar-96 380.65 1,672.GO 468843008 CARLSON. MICHAEL B 468-94-3008 13-Mar-96 431.33 537 68 469526026 CORNICE. JAMES L.469-52-6026 13-Mar-96 1,427.60 2 ' . 90 470566529 SCHCENHOFF. JOHN B.470-56-6529 13-Mar-96 1.202.82 i 54 4707049C4 rCMCZYK. MARK W.470-70-4904 1.3-Mar-96 1.107.44 1 .00 471487919 PERSELL. WILLIAM R.471-40-7919 13-Mar-96 214.22 4, J .SI 471369863 JOHNSON. BRADLE'i P.471-56-9063 13-Mar-96 ‘ A. 4 a 1.831.80 471688060 ANDERSON. BRUCE L.471-68-8060 13-Mar-96 462.S6 1,911 78 471848180 KNOLLENBERG. KRISTIN L.471-84-9190 13-Mar-96 588.39 882.40 472503991 CHESWICK. GARY B.472-50-3991 13-Mar-96 1.294.68 2.001.05 472529007 ERICKSON. KL’RT R.472-52-9007 13-Mar-96 1.121 03 1.736.00 472563051 Tl:C^^ON. MARK R.472-56-3051 13-Mar-96 933.16 1.672.00 474563339 BOB2IEN. SHE A.474-56-3339 13-Mar-96 665.42 1,176.00 474663296 TuMCHECK. LAWRENCE F.474 -66-3296 13-Mar-96 352.05 1.791.73 475444249 HANSING. CAROL J.475-44-4249 13-Mar-96 351.13 562.08 475989721 DMOUSKI. JAY C.475-98-9721 13-Mar-96 1.251.44 1.937.76 476921819 BORIS. SCOTT W.476-92-1819 13-M«x-96 762.48 1,473.10 477647279 KARNITZ. RICKY D.477-64-7279 13-Mar-96 376.75 461.38 480843542 MCNICHOLS. DAVID L.480-84-3542 13-Mar-96 330.65 1,592.00 ais Check Loc Code 003 POLICE 19.372.25 32.655.90 149.65 244.55 Totals Check Loc Code 004 ANIMAL C. -331.09 394 20 mr 1996 1 9.41 AM ttck Employee Number Unpaid Register City of Crcnc Social Employee Name Loc Code 005 BLZX3/ZONING Ofll 121262417 MABUSTH. JEANNE A. nilO 469686562 GAFFRCN. MICHAEL P. 0*12 470700901 OMAN. LYLE E. 0813 475505292 VANG. BRUCE L. 0814 477881539 WECXMAN. STEPHEN J. Total* Check Loc Code 005 BLDG/ZONING lack Loc Code 006 PUBLIC WORKS 0816 0819 0823 0821 0822 0817 0815 0820 ^0818 468420832 GERHARDSON, JOHN R. 468909535 OBERAIGNER. SCOTT G 469629194 SKREEN. DALE S. 469848107 PALMER. GREGORY A. 473746173 RATHBUN. BARRY J. 474667812 GREGORY. JAMES D 475443862 BRINKKAUS. JOHN P. 476783251 OBRIEN. RANDY L. 477500666 HANSEN. STEVEN C. Totals Check Loc Code 006 PUBLIC WORKS [leck loc Coda 007 GOL? 0821 475569177 STEFFENHAGEN, RONALD S, Totals Check Loc Code 007 GOLF rand Total 984.79 38.044.43 Page 2 Security Check Check Check Number Date Amount Gross 121-26-2417 13-Mar-9€1.159 53 2.004.00 469-68-6562 13-Mar-®5 915.76 1.600.00 470-70-0901 13-Mar-1.136.25 1,600.00 475-50-5292 13-Mar-96 949.10 1.378.40 477-88-1539 13-Mar-96 53.57 1.276.80 4.214.21 7.859.20 468-42-0832 l3-Mar-96 1.327.28 2.421.59 468-90-9535 l3-Mar-96 842.40 1.176.00 469-62-9194 13-Mar-96 591.25 1.176.00 469-84-8107 13-Mar-96 640.24 1.176 00 473-74-6173 13-Mar-96 1.159.90 1.583.93 474-66-7812 13-Mar-96 644.22 1.176.00 475-44-3962 13-Mar-96 1.056.64 1.750.40 476-78-3251 13-Mar-96 190.98 1.176.00 477-50-0666 13-Mar-96 709.05 1. 176.00 7,161.96 12.811.92 475-56-9177 13-Mar-96 984.79 1.378 40 1.378.40 66.695.89 « INFORMATION ITEMS COUNCIL MEETING COUNULMEETINQ OF MAR 25 1996 cnvoFonoNO ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 20, 1996 ROLL The Orono Planning Commission met on the above date Nvith the tollowing oresem Acting Cnarles Schroeder, Sandra Smith, Dale Lindquist, and Elizabeth Stephen Peterson and Janice Berg were absent The tbllowmg represented the Citv Staff Building and Zoning Administrator Jeanne Mabusth and R^orcer Sheirv Ros. Mayor cSan and Co-unclnrcmbar Goc.cn .erc presem Cha.r Schrocdcr called the meeting to order at 7 00 p m SCHEDULED PUBLIC IIEARINGS/PUBLIC INFORMATION REVIEWS ,e„ *20.7 JOHN M. O SI LLIVAN. 3340 PUBLIC ROAD CONDITIONAL USE PERMITSA^ARIANCE/COMMERCIAL SITE PLAN REVIEW 8:34-10:26 P.M. The Cenificate of Mailing and Atlidavit of Publication w ere noted. The Applicant, John O'Sullivan, along with applicant’s consultants, Rob Thompson and Jim Coen were present. Mabusth reported that the application was a request for conditional use ^ station use and Class I Restaurant use The appitcation tncludes vamnees and the vacation of 33' of Navarre I ane a. the northwest of the property The property under commercial site plan review is located in the B-1 zoning distncl The majonty of the property has been used for an outside storage yard and ts the site ol the old ^ LL: Mabusth said the City sees no problem with the vacatton of the ' been barricaded since the IdbO's and in an earlier vacation application in the mid I . the Citv recommended approval but applicant never proceeded . ^ would ask easements over all utilities within vacated right of way The church property would need to be contacted to complete the vacai on Dan Clausen, church represeLtive. was present He noted that the church would join m with the vacation application O'Sullivan supplied a letter from the church regarding their a owi g O'Sullivaris to use the church property for storm water retention. fhe proposal includes improvements for a convenience store, a Culver's _ station vviih canopy and a separate car wash The structural setback requ,remen tn the B- I aoning calls for a 35' setback from all residential lot lines for J “ 5. structure meets that required setbacks except for the car wash, whtch ^ ^ from a residential lot line The side setback of 3' a. the street side lot^ commercial zone is allowed for parking Mabusth noted that the code setbacks for parking from the residential zoning The setback vanance tor 30' .A T variance is required tor the parking along side residential lo excess of 5 2? o is also proposed. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 Nlabusth reviewed the car wash, the entrance and earts for the intprovements tncludrng the drive-in portion of the restaurant She noted that the Engineer’s report noted major concern with the cross action of traffic at the curb cuts The applicant would need to review (he traffic configuration with the City and County. Mabusth asked the Planning Commission to review the restaurant and convenience store Ti parp. S'? narkinu stalls planned with no credit given tor the parking areas beneath ffitei cl" MCh^’^S ffie con,nuss,oners to consider the r,on.ber ofu^s on the site'structut” coverage excess, and the compatibihly of the uses and whether van^ces should be granted for new development The structural coverage ts proposed at .0 -,. and is allowed at 15® o in properties less than I 99 acres Sehroeder asked Mabusth to rev.ew the zonrng Mabusth two throLliih conditional use permits, restaurants and gas use P but the caf wash is not a listed use Mabusth said the Council would also need to approve the locating of three gas stations at one intersection John O'Sullivan int'oduced Erwin and Marlene Smith as his business partners OSullivan s^d Jim cL ot.e of his represen.atives, was a founder of Super Amenea and was knowledgeable reearding petroleum and codes involving petroleum Rob Thompson, owner of C I Con'struction, who would be budding the improvements, was^so pmwnt O'Sullivan noted that the proicct involves an independent, tree-standmg. unit or Marlin site onlv and does not involve the church property, requtnng no rezontng. 11c noted a luture project would blend in the church properly In answer to a question Itu i Sehroeder. O Sullivan said that the project for the church propeny would “ business and professional Ivpe development Sehroeder noted that the use consistent with the zoning of the properly, which is zoned thev were in conversation regarding that issue With the City Mabusth advised that Orono StalThas consistently advised applicant of difficulties involved with the rezonmg o this property. O'Sullrvan continued that the original O Sullivan project was ™ the propertv across ,he street and has included two major store remodels He sarf used eultimt educ teehnologv, ,ind (he projecl has been considered an assel to the communitv" O'Sullivan said he purchased the Mailin propertv 18 months ago He w d uTTows would be sim,lar at the new project as the one cur^ntly rrt business, winch - as built on 3/4 acre site The Marlin project is 1-1/2 acres ot usable land. O’Sullivan said he has met with City Engineer Cook regarding P^with^Se and has dealt wath the issues and requirements He said Cook was satistie plan as pre.sented Staff has not received any confirmation trom Cook. k \BNUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#1 - >?2017 John O'Sullivan - Continued) O SulUvan rcrorled on tho benefits of the project, which he said would create 50 new jobs^ le^i congLo/at his present said the public surveved in his present store espressed positive tvedbacb be tilled or elevated along the nonh side, and there would be no access to the rear, . U c • n Ift-’O Shadv-vood \shose propertv is nonh of the church, asked if fill Nvould in a 2-3' ^'-at^n change a. al., no.d that a ---w^^ ^w;r:t S.ree., Mabusth as^ed that the applicant meet with the Engineer to determine the boundanes ot the vacation Rick of Rick's Super Valu asked if the restaurant would be a sit down type^ faid the restaurant would be a step up from a McDonald's, but not a Perkm sM would scat 99 and have a pick up window Menus were provide or review The food will be made on the premises, prepared to order, ^nd mode P Rick said he would like to see the trartic count increase m the area O Su hvan said th coin enience store would be simplified from his present one, not as “Pf ^ not hav e a deli or espresso O'Sullivan said Culver s has one restaurant m Buftalo, MN, one in Iowa and Illinois and 38 in Wisconsin Rick asked the station O'Sullivan said the open times would be 10 am-10 pm for the restau gas opening at 6 am and closing around the same time as the restaurant. smith avked if.hc rcs.auram concept included the gns or Still be viable O'Sullivan said one without the other would not be viable demographies and costs involved Schroeder asked if Culv er’s was generally developed with both gas and a Ld it W.1S generally free standing, though Culver's is planrang weral similar to project He noted that the general public is supportive of the idea Smith asked if the car wash as a concept goes with the other two uses O'Sullivan said he would be a franchisee, owmng and operating the restaurar . 3 XiTNUTES OF THE ORONO PLANNING CONLMISSION MEETING HELD ON FEBRUARY 20, 1996 (#I - #2017 John O'Sullivan - Continued.^ Hawn inquired about entry, exit, and turns in and out of the car w ash. O’Sullivan said there would be both ingress and egress with stacking for the car wash behind the buildings and away from the public areas The car wash will be conveyorized taking 1-1/2 minutes per car. which would result in twice the volume in a fraction of the time to allesiate congestion Car traffic will be able to exit in both directions when leaving the car wash w'ith a left on CoRd 15 being short of the light It w as also noted that the parcel would need little till, and the current driveway is now near the intersection It would be necessary, however, to enter the convenience store to obtain a car wash. In the future.there will be automated credit card pa>-ment at the pumps to alleviate the need to enter the convenience store There would be a common entry for the restaurant and store with a 2-way entry/exit from the store and restaurant for a 4-way flow The traffic pattern for tf.e drive in window would utilize the "going home" pattern with swinging to the right for entry and to the right when leaving. The plan purposely flows the traffic to the car wash and drive in window in the opposite directions B J Larson commented that there were three houses located near the car wash and asked if there would be any trees to cover the view. O'Sullivan noted the large number of mature trees in the area now that would not be disturbed. It was also noted that there would not be any lights behind the building in that area either. Hawn voiced her concern with the traffic flow coming from the pick up window and car wash near the entry to the restaurant O’Sullivan agreed there was always the possibility of pedestrians being hit no matter w hat prevention is taken. Coen said the design, however, was such that people would not walk directly into the stieet by being directed down a walking lane via a railing. Schroeder asked about the traffic direction once a car left the drive in window. He was told th.,i the cars would swing around the front and exit either driveway. O’Sullivan said he met with Hennepin County, John Gerhardson. and Glen Cook at the City oftices in earlv development stages The same issues were discussed, and O’Sullivan said that all were in agreement of the plan for traffic flow Mabusth advased that she called for the meeting and that this specific plan was not considered. Schroeder noted the intensive use of the land, the amount of blacktop, and the question of whether the number of businesses on one property were necessary Lindquist inquired about the lot coverage and the 5 2® o variance required. Mabusth Siiid a very small part was controlled under the hardcover ordinance. Mabusth said the applicant is obliged to provide storm water runotf and treatment betore going to the wetland area Storm sewer would be required. The runofl'would be sent to a retention area constructed on the churcii property in answer to how the paving is dealt with. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (f<l - ^2017 John O’Sullivan - Continued) Mabusth said Gustafson is concerned with the traOic lanes and the need for additional area for a right turn lane. Coen said the parking and standard dimensions were discussed with Glenn Cook. O'Sullivan said he spoke with Gustafson and asked for detail and was told Gustafson’s remarks were only an obser\ ation as he had not closely studied the plan. Mabusth noted that this w’as not what Gustafson's report advised the City Staff. Hawn inquired about the car wash operation with the projected use of 50 gallons of water per car and 170 cars washed daily O’Sullivan said the system will treat the water before sending it to the retention pond and would go into the sanitary sewer system He noted that all chemicals used would be biodegradable Coen added that the outside drain would catch the water dripping from the cars and send it to the sanitary sewer Thompson also noted the driers in the car wash which would minimize the dripping Hawn said the amount of water used per car wash seemed to be a large amount. O'Sullivan said the amount was moderate Lindquist remarked that, although he recognized what the applicant was attempting to accomplish, the different uses appeared to be alot for such a small lot and questioned the need The question also arose whether the car wash was a principal or accessory' use. The car wash as proposed was considered a principal use Lindquist asked if 35% of the lot w ould be hardcover but was told only a small portion of property was included in the hardcover zone. Schroedcr inquired about the function of the B-1 . Mabusth commented that as long as stormwater retention was provided, the project would meet the use and retention requirements This was theoretical as the facts have not been reviewed. Mabusth informed Lindquist that the calculations would be reviewed before anv approval was made of the application. Schfoeder said he saw a difference in the use from the one property with a deli, auto repair, and oil change with the number of cars that would frequent from a restaurant use. The restaurant w ould present a maximum number of cars moving through the |)roperty at certain busv time penods Schroeder said he could view the project without the car wash. O’Sullivan told Schroeder that when analyzed, the car wash was necessary He felt the itensity would be reduced with two sites providing similar products He did not believe he would uain new business and would not be as equally busy MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20. 1996 (#1 - #2017 John O’Sullivan - Continued) The question arose whether the adjacent land was a tax forfeit parcel, but Mabusth said it was owned by the Lafayette Ridge Homeowner's Association and asked .Nlr. Larson to check on the paperwork required to remove the parcel from the tax forfeiture list to ownership under the association. O’Sullivan noted that the association was in support of his project Schroeder said the project only makes sense because there is only open land between the extensive wetland and car wash Mabusth said it was necessary to define the elevation of the wetland area Schroeder said the project would be based on being at least 26' from the wetland area. Thompson said he has based the plan on the recorded information and from speaking with Glenn Cook as to the wetland elevation at 931 as providing an adequate distance trom the 26' wetland setback The distance would need to be verified Schroeder noted that the retention pond would provide more protection for the wetland area. Mabusth agreed in that the drainage now goes to the wetland area A letter from the church noted their agreement to the easement tor a holding pond and grading. Mabusth said the City would ask for additional retention area within the proposed stonn water pond as a condition of the vacation approval Schroeder said he would like to see grass installed in the area where Navarre Lane is vacated Lindquist moved, Schroeder seconded, to recommend approval with the understanding that the setback variance would be 30' for the car wash and a T variance for parking with structural coverage excess approval of 5.2% Approval by ’ Council would be needed for allowance of a third fuel station on the intersection with buffering on the north side if remaining residential Verification of the distance to the wetland is required. A verification letter regarding issues raised by Gustafson and addressed by Cook is required. Navarre Lane vacation would be approved for vacation with requirement ot green planting areas being installed The extent of the vacation and legal description of the church property is required to complete the vacation .A retention pond would be required as established by the City for the vacation with the proper easements obtained trom the church Hawn sa’d she would be in support of the plan but not for the 30' setback tor the car wash. Smith said she was not in favor of the plan, especially in view ot the car wash and new construction of a v ery intensive project requiring variances along with the safety factors. Smith said there was a possibility of a combination without the car wash. If MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20. 1996 (#1 - #2017 John O'Sullivan - Continued) I Jim Grabek voiced his dissension of the motion saying it was a bad mistake and a forcing of a neitthbor, who has been there for 9 years, not to invest in the neighborhood Grabek said the comer would not be developed with the turning down of the application He said the Commission was letting the community down just because they do not want a car wash on the location He asked if the Planning Commission has looked at why the car wash is needed from a financial standpoint Schroeder answ ered that it w as not part of the process to look specifically at the financial details of the car wash, nor did he believe it would be divulged. Schroeder said whether a car wash was needed or not was not clear to him noting granting of variances for new construction is not easily done. Grabek continued by asking the amount of the project. After being informed by the applicant of the cost of the project at $2.3 million, he opined it would be a dissemce to the citizens of Orono to deny the application Thompson noted that the car wash would be screened from the residential area Schroeder said that was not the point as there would be no development in that particular area. Thompson said he thought the car wash was being denied due to the 5 ’ setback Smith reiterated that the application involved granting of variances for new construction. Understanding that the project was intensive. Smith said she was not opposed to the conditional uses and structural coverage but opposed to the variances tor structures and parking, which Smith said should remain within the limits of the code in new construction. Smith said she understood it was a good operation and an improvement to the area, adding a car wash may be possible, but asked that it be done without requiring any variances Hawn said she agrees with the comments by Smith and is cor.».erned with the traffic plan for the site Hawn said she has not been satisfied with what she has been told, noting there are too many entry directions and uses on the plan and can see an accident occurring Schroeder commented that this was a difterent issue from setbacks. Hawn aureed but saw the denial of the variance as the only way to reduce the intensiveness of the site Grabek asked if the Engineer has appraised the traffic pattem and .safety Mabusth said the Fnuineer has major concerns and wants to discuss the concerns with the applicant and Hennepin County She said she has received no confirmation from Cook regarding the resolutions of the concerns and noted a recent letter trom Hennepin County expressing their concern with the cross traffic activities at the intersections. Grabek asked Hawn what she based her opinion on regarding the lack of safety Hawn answered that she uses her judgment of common sense but would be willing to listen to what the applicant had to sav r MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (^l - #2017 John O’Sullivan - Continued) SchroedcT read a letter from Dave Zetterstrom, who is the Entrance Permit Coordinator for Hennepin County Public Works Depanment The lener noted problems with ingress and egress with the car wash, runoff from the site, the right of way, easements, the extension of traffic lanes, and the need for a right turn lane Thompson said the same points were brought up by (’ook. Me said the runoft will be contained and easements will be required for a right turn lane and tor a sidewalk. Thompson said thev were not asking to bypass the issues and noted the many hoops yet to go through to fonvard the project He asked that the Planning Commission not circumvent the concerns but make them conditions of an approval. He asked, if the safety concerns could be satisfied, if the Planning Commission could move forward Schroeder aureed it could proceed that way but the Planning Commission recommendation was the first step in the process. Coen said Cook told him he could tell the Planning Commission that he supported the project. Schroeder said the Commission does not operate on verbal agreement but would require a written confirmation. The applicant asked that it be made a condition ot the approval. Hawn said, with the County also addressing concerns with egress and ingress and the appeal to the site from families, she asked if the traffic flow could be redirected or a barrier used. Hawn said she saw room for persuasion but is not .satisfied at this point. Schroeder asked if the car wash could not be moved, along with the other buildings, toward the church property to alleviate the need for the variance. O'Sullivan said it had been considered but would not work. The applicant noted that the entrance to the restaurant on the car wash side was required by codes and for other reasons. Thompson sumtested a railing barrier be placed down the sidewalk area to force the restaurant patrons away from the car wash and drive in window traffic flow Hawn noted the plan resulted in patrons crossing over t.ie parking area, over the drive in window area, and then over the cai wash traflic area, and asked if there w ere any other alternatives O’Sulliv an said he did not know of any other alternatives He believes that the traffic would be slowed down by the intentional forcing of traflic in cdTerent directions Hawn suggested moving a door Schroeder summed up the motion and noted that the application could be tabled if the applicant preferred. He noted if the motion was denied, the application would go forwa<d to the Council O'Sullivan asked that the application continue and noted his approval of conditions placed on the 'notion if need he. I MINIJTHS OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (Ml - #2017 Jolin O'Sullivan - Continued) Hawn said she would need to hear from Hennepin County and be sat'sfied with the resolution of their concerns Mabusth noted that the City Engineer’s comments have not yet been received and asked if the Planning Commission could act on this application without bis comments. Mayor Callahan reminded the Commission of the 60-day rule for action. Mabusth noted that the applicant w ould need to agree to tabling of application in writing. O’Sullivan said he was surprised that it has taken so long tor Hennepin County to respond but asked that the application not be tabled but be continued with conditions placed on the approval He said he had assumed that Cook would have submitted a tollow up on their meeting. Hawn said she could not make a recommendation without addressment of the issues Smith was informed that no County representative w.*s present at the meeting the applicant had with Cook. Zetterstrom was said to have been in attendance at an earlier meeting in Noven.ber with City Staff where normal concerns were vc -ced. The concerns were similar to those voiced with his application 9 years ago tor the other station according to O'Sullivan He cited examples of issues from the last application along with the end results and asked for reconsideration of the vote. Hawn said she would need to be satisified with the concerns Thompson opined that it would not be fair to have a negative vote because some details were not worked out O'Sullivan said he would work with the C ity to address all the issues on the final plan. He said it was Cook’s opinion that there would be improved safety at the intersection, the internal flo'.v presented no problem, and a directional flow arch could poss-My be used ! the car wash. Vote Ayes 2, Schroeder, Lindquist; Nays 2, Hawn, Smith. Motion denied. Schu^eder said the safety concerns would need to be sati.sitied if the applic-fion came back before the Planning Commission He noted that the discussion on the application would be in the minute .>f the meeting and passed on to the Council for their review MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20. 1996 (#2) PROPOSED ZONING AMENDMENT, SECTION 10.20, SUBD. 3 - ENCLOSED ICE ARENA AS A CONDITIONAL USE - CONTINUATION OF PUBLIC HEARING OF JANUARY 16,1996 - 10:26 P.M.-12:10 A.M. Schroeder reponed that the proposed zoning amendment being debated was that of Section 10.20, Subd. 3 A of the Zoning Code involving conditional uses in the one family residential zoning district. He read the amendment as currently written, noting the importance placed on access to a highway and the installation of sewer. The proposed amendment was read which relates to Subd. 3, under the heading of A. Schools. The Uses Accessory to a High School. Indoor Sports Facilities, and specifics related to such facilities are all added to the current code, which presently does not address any accessory uses to schools The Planning Commission is discussing whether the proposed amendment should be added to the current ordinance. Mabusth noted that a neighborhood information^ *n:eting was held by the Orono Hockey Boosters Association, that involved the site plan tor the Orono ice arena. Mabusth attended that meeting The zoning amendment would be required before any such facility could be built and operated by a non-profit group. Lindquist asked for comments from that information meeting. Mark Engebretson, who represents the Orono Hockey Boosters Association, described the meeting's agenda. The neighbors were informed of where the project was at in terms of design and finances. Engebretson said the association has begun to understood the neighbor's concerns as a result of the meeting, which was set up to maintain an open communication. The meeting was set to start the process of communication and not to necessarily provide answers. Engebretson summarized the issues brought forward by the neighbors through a letter to them, notifying them of this public hearing. StalT did not have a copy of that summary. Engebretson said he expects to make a formal application to the City in March, 1996, and then conduct another neighborhood meeting with results of the application process thus far. r The Commission asked what the concerns were of the neighbors. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#2 Proposed Zoning Amendment - Continued) Roger Zee, whose home is the second lot to the west from the proposed arena site, is concerned'with the 50’ setback requirement for the school Zee noted the arena was not a school entity. Schroeder said the ice arena was the driving issue behind the amendment but noted the other accessory uses also being considered, tennis facilities, field houses, and g>mnasiums. Zee asked what the code now says. Schroeder reiterated that these accessory uses were not presently listed, but it proposed, the school would fall under the conditional use permit for school use Mabusth then reviewed the code as it now stands. It was noted that there is presently a setback requirement of 50' for any building adjacent to the residential district for school use 1 he code did not distinguish between access or principal school uses. The amendment as proposed was noted relating the facilities under consideration, as well as wliere such a facility could be located, the setback from any residential lot, and by whom it shall be owned and/or operated by, namely the school or a non-profit organization under a land lease arrangement with the school. Zee remarked that the ice arena under consideration would not meet the acreage requirements for such a building nor does it meet the height requirement Mabusth said any building would be subject to height restrictions listed in the residential code Zee questioned why another category was being added to the code to allow this usage. Schroeder said the City was contemplating expanding the code for such a facility on the school land because of the non-profit group involvement. Smith asked and received confirmation that if such a building or use was approved, the facility would need to meet existing code. Smith then questioned why the setbacks would be required in the amendment if it already exists in the code She was informed it was because the arena would be a new accessory use to what is presently. Smith then questioned w., • a facility should be a certain number of feet away from the residential district and whether the height restriction for the school should be used for such an accessory use. Mabusth noted that this is what is being asked in the code amendment; Is a 50’ setback adequate for an ice arena? The height restriction is already addressed in the code. Schroeder said performance standards could be set, or those standards already in place could be satisfactory MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, U'96 (#2 - Proposed Zoning Amendment - Continued) Zee asked why there would be a need to add more rules when there is an ordinance currently in effect. Schroeder again clarified that the code does not allow such a building to be built and operated by non-profit groups If the school would like to build an ice arena, a field, etc., they now need to come before the Planning Commission with a CUP under school conditional use permit. Schroeder and Mabusth said if the school would like to build a baseball field, this would require a conditional use permit. Mabusth said a conditional use permit would need to be granted for another school, a field, an athletic structure, etc. Smith said she would like to know the neighbors viewpoint on the issue, whether they were supportive of such uses or not, and if so, what performance standards they would like to see for such buildings Zee said the neighbors were concerned with such issues as parking, lighting, and noise. Mabusth said these concerns are all addressed when an application comes before the City for a conditional use pennit. Zee said he could not understand creating a code amendment for one specific building. Schroeder said that was not quite accurate. Mabusth said the amendment was to allow the school to be able to ask for such facilities and other non profit groups as long as special standards were created Zee asked if the school was requesting such a building. Mabusth informed him they were not but were supportive of the idea. It was again reitereated that the amendment was to allow for other uses that may be operated or built by a non-profit agency. Zee asked w hy no representative was present for the schools if they had such an interest. The Community Education Director as well as Athletic Director for the schools were present and voiced the support of the school district and superintendent, who asked to be informed of the night ’s proceedings Melanie DeLuca, Orono Community Education Director, said she saw the school campus as being a regional campus for the area serving many people, and the arena would add many new dimensions with girls hockey, community needs, summer programs, and expanding for future opportunities. She felt the arena would be a natural addition to the school campus Schroeder asked how the school could accomplish getting a facility without needing to pay for it. Mark Engebretson said he has spoken with Superintendent Mich and Assistant Superintendent Lawson, who will be making recommendations at the next board meeting for financial support The contribution amount has now been isolated and will be made public soon. Schroeder received confirmation that school support was necessary'. Engebretson noted the uniqueness of being able to place an arena next to a school for the use of the students. He noted that the school is all for it and thus made the land available. i minutes of the orono planning commission MEETING HELD ON FEBRUARY 20, 1996 (#2 Proposed Zoning Amendment - Continued) Jim Grabek said he appreciated the association keeping the neighbors abreast of the information regarding the arena. Grabek then brought attention to a Staff memo dated 1/11/96 from Mabusth which notes phase 1 of the amendment revising the code to allow the ice arena use. Grabek notes that Mabusth said if the amendment was not done, she advised the code would not allow the arena use as proposed under the current code. He voiced concern with the City wanting the project done and not considering the philosophy behind amending the code Grabek felt that before any vote was made to amend the code, it should be determined how the philosophy would influence the citizens and the school. He also noted that, although the Orono Boosters was a fine organization, it was unknown what the condition of the organization would be in two years and under whose responsibility the ice arena would fall, noting the significant financial coninbution and the need to know' the fin,ancial status of the association. He also felt the review of the Emiineer should also be heard first before any amendment was made Schroeder said some of the points brought up by Grabek have been previously discussed. He noted that the amendment was being considered at this time and the specifics of the application would be reviewed at a later date under the required conditional use review ^ Grabek opined that the specifics were pertinent to the code amendment. It was Grabek s opinion that the Commission was placing the "cart before the horse" and the amendment was only being considered because of the specific application. Grabek noted that the specific proposal was not a state or taxpayer funded accessory use. Schroeder said the intricacies of the lease were presently not for debate. Grabek asked the Commission to think about amending the code for a non-taxpayer based organizational use. Grabek did note that the organization was open to discussing the issues He added that he was not necessarily against the proposal but could not see any amendment to the code before the issues were debated. He asked that any conceptual support be carefully considered. Lindquist clarified that Grabek did not believe a vote should be taken on the amendment without further philosophical debate regarding the accessory' use or the facility being owned or operated by a non-profit group. Grabek said he felt the specific use should be run by the school only and the issue sufficiently debated to determine that the taxpayers would not find themselves owning a facility. Melanie said that conceptually the best interest of the school would be to allow the use on the school property and understood the details would be debated at a later time. Grabek said if the discussion was about conceptual approval of the building by the school, the Planning Commission should make the same commitment to regulations of the frontage on Hwy 6 as it has to that on Hwy 12 This was a specific concern of his Schroeder agreed that the building would be one of the largest in Orono, and this would be the first attempt to lay out performance standards 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#2 Proposed Zoning Amendment - Continued) Mark Engebretson said his perspective on the process is different. He feels the agreement set up with the school district would determine the success of the project operation and sees the conditional use permit as a separate issue. Engebretson said he hopes that there is not the perception that the association is getting ahead of itself Grabek said he saw each step as getting one step further to an agreement with concessions He said he sees nothing wrong with discussing the concept and looking at the regulations before amending the code. Grabek does not believe the first step should be taken without seeing the entire picture. Schroeder said he was not suggesting an approval but was looking at it as a step in the process, adding that was why he was asking what the specific concerns were for the project. Grabek listed several concerns voiced by the neighbors, such as lighting, building facade, noise, hours of operation, and air filters He commented that the neighbors were willing to be open about the issues Schroeder noted that a sketch plan review and the information meeting have been held so far in the process. xMabusth remarked on a comment made by Grabek at the neighborhood meeting. Grabek had said that the City should review the lease agreement with the school district, and specifically asked who would be responsible if the association should default Engebretson agreed that the school would retain ownership, if such default should occur, and would be part of the lease agreement with the landlord Mabusth said there was a question about the accessory use to the school if the land was sold to the non-profit organization but noted that the school in this case would retain ownership ot the land. Schroeder noted that the ownership of the land could only be under the school. Mabusth said the reason for the code amendment is that the school is not building or operating the facility. She noted that early in the process the City Attorney said the code would have to be amended to allow a non-profit group to erect the ice arena on school property. Mabusth then asked for specifics on either additions or amendment to the suggested code amendment. Lindquist asked if any other use should be included under the school heading. It was determined by the Commission that only the ice arena should be included under the subheading of accessory u.ses to the high school. Schroeder said he would like to know what did occur at the neighbor tneeting before any further discussion of the amendment. Engebretson said the project addresses othe* issues than just the hockey issue noting the use bv the uirls teams. minutes of the ORONO planning COMNflSSION MEETING HELD ON FEBRUARY 20, 1996 (#2 Proposed Zoning Amendment - Continued) Rick Keemon, a board member of the Orono Baseball Association, said he sees the facility as a community and multiple use facility and as a community issue. He noted the need for gymnasium space for spring practice and other community activities. Schroeder said he understood this but said the debate was over land use, the specifics ot which will take care of the facility and the neighbors' perspective Zee auain questioned the acreage needed to build such a tacility and whether the parcel w'as treated as one or separate lots. Mabusth said the 4+ acres must be legally combined with the school property and that the residential code only requires 2 acres for a permitted or conditional use Grabek commented that the arena was a large building placed in a large acreage with alot of setbacks from the roadw ay and open space He saw the approach as being different than that of a school. Grabek said he is concerned with the aesthetics from Hwy 6 noting it would appear to be more commercialized than what is expected in a residential zone or school area. He felt these issues should be answered before proceeding ahead with any amendment or variances. Zee said the neighborhood meeting was successful. He said the issues discussed were hours of operation, the wetlands, noise, parking, road improvements. He noted the concern over finances, and if any such problems arose, questioned whether the tacility would be used in the middle of the night. Lindquist asked if any issues were resolved to the neighbors' satisfaction. V'^ee said a sketch plan was viewed but nothing was resolved Lindquist said the Commission was looking for a win-win situation. Vee said there were a broad number of questions and hurdles to go through before any resolutions could be made. Lindquist asked when the Hockey Boosters expect to have answers or resolutions to the issues that have been voiced. Engebretson said the agenda for the neighborhood meeting was only a start in the process. The plan is to submit a complete application in March with another meeting with the neighbors early in March to address their concerns Enuebretson noted the association needs the neighbors' approval tor the project to be successful. Lindquist said he would have to be satisfied that the issues brought forward by the neiuhbors were resolved before he could recommend any approval. Engebretson said he agreed noting they were working on those concerns. Lindquist said he was not comfortable voting on the issue until the issues were resolved. Engebretson noted the need to respond to a time frame The fimd raising was based on being able to provide information to those willing to contribute their support Lindquist responded that he understood that concern but was responsible for looking at all ot the issues. Mabusth advised many of the specific concerns raised by neighbors are more typically addressed in the conditional use permit review- 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#2 Proposed Zoning Amendment - Continued) Smith asked if the Commission could agree to the use with performance standards set at a later time for this particular use or for the school itself She questioned whether both need to be done at this time. Lindquist said he did not conceptually disagree with that suggestion. Engebretson agreed that t^*** association saw the amendment to the code and the review of the plan and approval as separate issues Schroeder said the Commission is unable to accommodate the timing necessary for the hockey association but added that the Commission would try to be responsive. He noted the need for a full discussion of the project itself but felt the issue should probably be tabled at this time Schroeder said he would like to see a work session scheduled with the school, the boosters, and the neighbors to discuss a conditional use permit for a hockey arena with a non-profit organization. Mabusth asked about the amendment itself and w hat performance standards are needed in the code amendment before adding specifics in the conditional use permit itself Schroeder said he was not sure w here the optimal placement of such an arena should be Lindquist said he needs to know what the school officially would like to see be done. Schroeder agreed. Hawn asked if there was agreement on any of the pieces laid before the Commission regarding the amendment itself She asked if they agreed in principal on including the ice arena, tennis facility, field, house and gymnasium as Indoor Sports Facilities, noting that the conditional use permit would take care of the specifics She asked whether the Commissioners approved conceptually of an ice arena in the same parcel as the school. Hawn noted that in the future there may be the need to find additional non-contiguous land for such facilities and would the Commission want to be that restrictive in the piacement Grabek interjected at this point that he saw Smith as being inconsistent as she was not requiring seeing specific details on this issue but did so on another application He then informed I lawn that it w as a waste of taxpayers money to approve such an amendment w hen the school has not asked for such a change. Hawn said she felt the school would come before the C ommissioti if asked to do so Schroeder said it was a procedural matter. Mayor Callahan reminded the ('ommission that it was the Council who requested the Planning Commission to review the proposed amendment. He asked that the Commission decide if an arena was feasible as an accessory use and if it should be on the school property only .\t that point. Callahan said the Commission could decide on specific performance standards He added that the particular building does not answer the fundamental question of a facility as an accessory use He noted the Council's interest in the philosophical need of such facilities as a civic concern. MINUTES OF THE ORONO PLANNING COMMISS»ON MEETING HELD ON FEBRUARY 20, 1996 (#2 Proposed Zoning Amendment - Continued) Hawn suggested 1A be recommended. Smith said the subheadings, a,b,c, could be performance standards set at another time. Schroeder said he was not in favor of la regarding the location. Engebretson questioned a.3) regarding the non-profit organization Schroeder questioned how broad that statement could be as a practical matter. Hawn said the land lease arranuements could be protected with specific performance standards Schroeder noted that the performance standards and the land lease arrangements were two separate issues. Engebretson thought the land lease arrangement could be combined with the conditional use permit Mabusth said this Issue goes back to advice from the City Attorney that the use cannot be allowed without amending the ordinance upfront. She continued that the use is not the problem but the ownership and who will operate it. A woman in the audience commented that she understood Orono to stand for open land and suggested an open ice rink. Mabusth said the issue of the arena has been before the Citv for quite some time and the V.A. made prospective buyers of the neighboring property, such as this homeowner, aware that the land was being considered for an ice arena. Schroeder noted that the City stands for many things, open space, quality of life, education, recreation, etc. Smith asked this neighbor if some sort of arena would meet her approval, but again voiced her simuestion for an open ice rink. Vee added that there was other land available than this particular comer and could not see placing a large building on a small parcel of land. Schroeder noted that the proposal was regarding amending the ordinance for an arena as an accessory use to a high school and other issues will be addressed at a later date. Hawn suggested that the indoor sports facility not be confined only to an ice arena to eliminate such discussions at a later point. Schroeder said he believed such discussions were important Engebretson asked the Commission to contemplate the ownership of the facilities under the amendment, Schroeder said a later work session could discuss this issue and may result in a future amendment to the proposal under discussion Smith questioned whether a.3 was required to be in the code Mabusth asked how else a non-profit organization could be distinguished from a school as it cannot come under the school umbrella. Schroeder said a work session could contain the discussion ot how the school views the non-profit land lease arrangements. It was noted that all work sessions are public meetings Engebretson asked if the land lease agreement could be made as a standard under the school use for a spec .U project Schroeder said he would not be in favor of that. 17 minutes of the orono planning commission MEETING HELD ON FEBRUARY 20, 1996 (#2 Proposed Zoning Amendment - Continued) Schroeder moved to recommend approval of Zoning Amendment Section 10.20, Subdivision 3, to include A. Schools 1.) Uses Accessory to a High School of A. Indoor Ice Arena. Mabusth noted that the Council has asked the Commission if the code should be amended and if the use was appropriate Where the location could be for the ice arena has already been determined as Mabusth noted the area on CoRd 6 was denied by the school and Council due to safety concerns. The school and Council agreed that the only appropriate space was on the west side of Old Crystal Bay Road. Hawn asked if the language needed to be so specific, and the Commissioners determined that the language of a. 1) could be amended to state that "all such facilities should be located on land owned by the school." a.2) was eliminated as the Commission would like to have greater flexibility with setbacks as part of specific performance standards. With a.2) eliminated, a.3) became a.2) and after discussion of the need for such a statement as advised by the Attorney, was amended to state, "all such facilities shall be owned and operated by the school, or by a non-profit organization under a land lease arrangement with the school which shall be acceptable and approved by the City. Schroeder said he would require another meeting before he could agree to what is now considered a.2) Hawn moved. Smith seconded, to recommend approval of the amended amendment as follows; Section 10 20 One Family Residential District Subd 3 Conditional Uses A. Schools 1.) Uses Accessory to a I ligh School A. Ice Arenas a. 1) All such facilities shall be located on land owned by the school. a.2) All such facilities shall be owned and operated by the school, or by a non-profit organization under a land lease arrangement with the school which shall be acceptable and approved by the City. Vote Ayes 3, Hawn, Smith, Lindquist; Nays I, Schroeder. Motion passed It was agreed that a work session would be scheduled in the near future. i 1 MINUTES OF THE ORONO PLANNING COMMISSION MEE-ING held on FEBRUARY 20, 1996 ACTION ITEMS The Certificate of Mailing and Affidavit of Publication were noted The applicants were represented by Attorney, Robert Mitchell. Mabusth reported that the application was for a renewal variance seeking approval of multiple variances to allow construction of a new residence and removal of the extsting residence which is located closer to the lake than the new residence will be. The property is sewered The new smaller footprint is 38\60’ for a 2-story structure to be located 1 from the west side lot line, 11.7' from the east side lot line, 43‘ from the street where a 50 setback is require.' -Uvd proposed at 20' from the lakeshore of the mam lake^ During the 1994 review it was questioned as to whether the DNR would approve the 20 lakeshore setback A letter is included in the packet noting the approval by the DNR of the .0 setback from the main lake. The home is currently located 75' from the lagoon, and the new construction is also proposed 75' from the lagoon meeting the required setback. A structural coverage variance is required, but there will be a 168 s f reduction in structural coverage. There will also be a hardcover reduction with the new construction. Mabusth noted that the Planning Commission had recommended approval of the prior application, and the Council had approved it. This application is a renewal with no chances. Attorney Mitchell said the applicants' house had not sold, and applicants had decided to delay construction of a new house. There were no public comments. Lindquist moved. Smith seconded, to approve the renewal variance application with conditions as noted by Staff. Vote Ayes 4, Nays 0. (#4) #2106 WILLIAM AND LAVRA STODDARD, 2605 KELLY AVENUE - VARIANCE - PUBLIC HEARING 7:06-7:11 P.M. The Certificate of .Mailing and /Mfidavit of Publication w ere noted. The Applicants were present. .iV- 1 -----' MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#4 . #2106 William and Laura Stoddard - Continued) Mabusth reminded the Commission of the approved application in 1994 for a guest house use. The structure, at that time, did not have a bath or kitchen and has now been convened and refurbished. A fire, which begun in the refrigerator, destroyed a wall of the guesthouse. The application is to replace the existing wall, which is located 3.1’ from the side lot line, requiring a variance. Before reconstruction can begin, approval is needed. There will be no changes in the building envelope Stoddard said the fire occurred two weeks after the guest house refurbishing was completed, while they were away. He noted that the rule requiring a gypsum wall to protect a house from a fire beginning in the garage working in reverse as the fire occurred in the kitchen and protected the garage area Stoddard said the structure has been on the property for over 35 years Schroeder inquired how the fire started. Stoddard said the fire personnel and investigator could find no reason for its occurrence. It started in the refngerator, not in the wiring, and there is nothing left of the refngerator other than sheet metal. There were no public comments. Lindquist moved, Hawn seconded, to recommend approval of the side setbacK variance to allow the reconstruction of the portion of an e.xterior w all of the guest house. Vote Ayes 4. Nays 0. The application was noted to be on the agenda for the upcoming Council meeting. (#5) #2109 TODD SMITH, 1380 ARBOR STREET - VARIANCES - PUBLIC HEARING 7:11-7:22 P.M. The Certificate of Mailinc and Aftidavit of Publication were noted. The Applicant was present. Mabusth reported that the application was for side, rear, and stmctural coverage variances to construa a 3-season, 10’xl4' porch A survey was done in 1982 in preparation for an earlier variance application for a I0'x30' addition for a bedroom/living room There was concern at that time because the property was not sewered. The property is now sewered. The porch, however, was not shown on the survey in 1982 and has since been constructed over the paved patio 6-1/2' portion is covered by roof e.xtension and the remaining 3-1/2' by plastic panels Mabusth reviewed the elevation showing the principal structure addition noting that the expansion will not go beyond the existing envelope or e.xisting paved 10'xl4' area 20 minutes of the orono planning commission MEETING HELD ON FEBRUARY 20, 1996 (#5 - #2109 Todd Smith - Continued) Hawn said she had no problem with the application but questioned the access to the rear of the property. She requested that no more hardcover be laid to establish any pathway. Mabusth asked the applicant how tn' well would be accessed. Applicant said he would take the lilac bushes down. Schroeder asked how the applicant would access the rear The applicant said he would shovel to the back door and would walk on the grassed area to access the rear. There were no public comments. Mabusth noted a letter from neighbors, Grego'y and Julianne Peterson, which Schroeder read as part of the public record, who voiced their support of the project. Smith brought attention to the structural coverage and its excess amount over the allowable. Smith said she would prefer that the comer of the addition be taken oil so it would not extend past the line of the adjacent two houses Smith also said that if the application was approv ed, she would request that a recommendation of no structural improvements be noted in the resolution. Schroeder commented that the apphcation called for no additional increase. Mabusth and Smith commented that the addition would be of a more permanent nature. Schroeder asked if sewering was a factor to consider, which Smith agreed did help. Hawn said the fact that the property was adjacent to a park made the application more appealing. Smith noted that a fence separated the property from another garage which would, otherwise, almost appear to be on the same property. Smith asked the applicant about lumber laying on the property. The applicant said it was part ot the front siding being installed Schroeder said the improvements were nice but did note ihe small lot with a large amount of structural coverage. Lindquist said he concurs with Smith on the request that no additional structure be allowed Smith said tuture owners need to be aware ol this request. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#5 - #2109 Todd Smith - Continued) Smith moved, Lindquist seconded, to recommend approval of side and rear variances for a 3-season porch with the provision that the applicant understands that no future structural coverage would be approved without a matching removal to maintain the level of coverage as it now stands Schroeder noted that this would not bind a future commission Mabusth said the request would be passed on to the Council Vote: Ayes 4, Nays 0. (#6 - #2110 JOAN DAYTON, 2465 FRENCH LAKE ROAD - VARIANCES - PCBLIC HEARING 7:22-7:38 P.M. The Cenitlcate of Mailing and Affidavit of Publication were noted. Bob Da\lon was present Mabusth reported that the property in question consists of Lots I, 2, 3 of the Johnson French Lake 2nd Addition, lakeshore lots adjacent to French Lake South Basin. A redefinition of the North Basin of French Lake reclassified the area to the north as ^ wetlands in 1992. Now, instead of a 150' setback firom an environmental lake, a 26' setback is required from the wetlands. This results in an improvement to the building envelope for Lot I and has opened up the 75-250' zone for Lot 2 Mabusth noted that a I980's application granted a permit for a deck. Up to 1992, the 75' setback was required for new construction 40 s f of the deck and 37 s f of the structure encroaches into the 0- 75' setback zone Now the entire house is located in the 75-150' zone The shoreland regulations now require a 150' setback from the OHWL at 931. This results in the entire home being non-conforming and the need for a variance application for any additions to the home From the 75-150' setback, there is no structural improvement allowed but a grade level patio or landscaped area underlaen with plastic, etc., would be allowed Non- structural hardcover is now deemed allowable, though not structural, and non-structural hardcover can be considered conforming. The applicant seeks a hardcover variance in the 75-250' zone and lakeshore setback variance for both of the planned additions. The dining room is 88' from the natural environmental lake The 3-season porch is 86' from the lake In reviewing the hardcover facts as lots are not combined, there is an excess in the 75-250' zone within just Lot 2 Ihe 75-250’ area of this lot exceeds the allowed hardcover by 4 l®o at 29. l®o .Mabusth said the applicant should be given the opportunity to consider all options before legally combining properties The applicant was to be asked how he wished to handle this matter of hardcover excess on Lot 2 22 minutes of the orono planning commission MEETING HELD ON FEBRUARY 20. 1996 (#6 - #2110 Joan Da>lon - Continued) Lindquist asked Dayton if he would consider combining the three lots. Dayton said he was willing to do so in order not to create the hardcover calculation as an issue He would combine enough of the property in order to meet the hardcover requirement noting his lack of intention in adding anv more hardcover. Mabusth intomied the applicant that he should analyze the facts and hax e the property reviewed by his surveyor as he may not wish to combine the lots noting the possible need to only combine two of the lotS Schroeder emphasized the need to look at what is occurring in Lot 2, Dayton said he would do what is necessary to e.xpedite the application Schroeder said any action could be made as part of the recommendation by the Commission Dayton said he had no plans to do anvthir.^ in Lot 1 and this area where the detached garage is located could be added to Lot 2 Mabusth said a lot line rearrangement or a combination ot two lots could be done .Mabusth confirmed that either a legal combination with lot 3 or a lot rearrangement would solve the encroachment of the garage. Schroeder said it was a matter of clarification asking what the code says about non- structural versus structural Mabusth said the only time structural coverage comes into play is when you are dealing with a property less than 1 99 acres in size This applies m all zoning districts Schroeder inquired about an earlier comment regarding structural and non-structural coverace in the 75’-250' setback. Mabusth said there are certain non- structural improvements that are allowed when dealing with a natural environmental lake, such as a grade level patio or landscape rock with underlayinent as long as there is no excess hardcover in the 75-250’ Schroeder noted that the improvements were modest, especially in light of a possible legal combination with Lot 1 Hawn said the impact was minimal as there w as already hardcover underneath where the more permanent hardcover would be placed There were no public comments. Hawn inquired if the applicant would obtain an after-the-tact permit tor the garage if the lot line rearrangement was done. Dayton said he had asked the builder if he had obtained a permit and added that he was willing to apply for an after-the-fact permit if need be. Lindquist moved. Smith seconded, to recommend approval of Application #2110 with the understanding that a legal combination ot Lots 1 and 2 be done and a lot line rearrangement between Lots 2 and 3 in order to solve the encroachment issue. This is to be resolved prior to the application going betore the Council at their meeting of March 11. An after-the-fact permit must also be obtained for the detached structure. Vote. Ayes 4, Navs 0. 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20. 1096 RuH (#7) #2111 TJ. BIEKER, 2440 OLD BEACH ROAD - CONDITIONAL USE PERMIT - PUBUC HEARING 7:38-7:48 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth passed out a letter to the Commission, which was read by Schroeder, from the MCWD, who saw no issue with the application noting no permit was required from them. Mabusth reported that the application was for a permanent, T-shaped dock to be located 30' trom the north lot line and 93' from the south lot line The LMCD has received the application which is being considered for approval The DNR approval is also required due to the T-shape of the dock rather than a linear pemianent dock Mabusth noted that the width of the dock has been changed from 6' to 4' The amended plan also notes concerns by Shawn Gustafson, the City Engineer, regarding the depth of the pilings and center support. Gustafson said two 6" stringers could be used instead of five 6" Bieker said the plan would be for five 6" stringers. Bieker said Gustafson was not aware that stringers were made to that strength. Mabusth noted an earlier dredging by the West Shore Lafayette Bay Association of a 50' wide channel. The spoils at that time were brought to the Freshwater Institute. A neighbor brought concerns to Mabusth regarding the layout of the dock w hich went bevond a 30’ setback into the channel area. The channel was duu 30' from the shoreline at a 50' width. Bieker said the original layout was for a 39' length as he was unaw are of the channel The plan was then amended to a 24’ length. Mabusth said the work needs to be performed while the lake is frozen; therefore, the application will go before the Council at their February 26 meeting. Schroeder inquired if a permit was required from the DNR. It was noted that the application process had been started Schroed. wked for public comments. .A lakcshore association member said he was satisfied with the 24' length asking that it not extend beyond 30' Mabusth informed the association that the City had no responsibility in setting this limit but it was up to the private parties to enforce This person asked if Mr. Bieker could go beyond the 24' length if he chose. Schroeder said the length of the dock would be voted upon by the Commission Bicker said he did not wish to go against the wishes of the association. 24 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20. 1906 (#7 - #2111 T. J. Bicker - Continued) Smith moved, Lindquist seconded, to recommend approval of Application #2111 for the construction of a permanent 24* long dock as specified in the application Vote. Ayes 4, Nays 0. SKETCH PLAN REVIEWS (#8) #2108 NORBERT JOHNSON. 1181 WILDHURST TRAIL - SUBDIVISION/SKETCH PLVN REVIEW This review is a sketch plan for a proposed 5-lot subdivision and is for input only. It was noted that no vote will be taken for any action at this time. Mr Johnson, the applicant, was present Mabusth reported that the proposed 5-lot subdivision is on 7 acres bounded by 'A ildhurst Trail and unimproved Garden Lane Mabusth reported on the history' and background of the area in which this property is located The Saga Hill Preserv ation Society, of whom many were in attendance, were interested in gaining tax forfeit land for a park as well as land currently owned by the Midwest Bank. The Saga Hill Society group are working with the City' and the Park Commission regarding this endeavor The Society is interested in what happens on the property in question, currently owned by Arnold Soskin, who was said to not reside in the area. .Mabusth noted that the property is within the MUSA with the nearest sewer located on Tonkaview and Wildhurst The plan is to gain both access and sewer from Wildhurst. The proposal is for Lots 1-5 and with a platted road with a culdesac. A 20’ easement corridor would provide access and sewer to Lot 3 The code requires a 30' outlet for back lots, which would run along the shared lot line between Lots 2 and 4. The Engineer's report gives various options for access and sewer in the Tonkaview plat. I he Engineer has suggested vacating Garden Lane and bring access in another way with a major road to Wildhurst as well as sewer. A second option bv the Engineer would be to construct a private road with a future extension outlet connecting with Garden Lane, which would stay private A 30 outlet would also be required for back lot Mabusth said there is adequate area for a back lot. The zoning onlv asks for 1 acre and the property has ade<.]uate area to meet the 150/i» area standard All lots meet the code for area Option 3 includes an outlet with an extension, but instead of creating a backlot. Lot 3 would be realigned so it does not go through the ravine area. Driveway access would be proposed in unimproved Garden Lane.. 25 MINUTES OF i*HE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#8 - #2108 Norbert Johnson - Continued) Schrocder asked what was the purpose of Garden Lane Mabusth said it was platted but currently serves no property. Mabusth said 4 undeveloped parcels within the surrounding Tonkaview plat need access and sewer and noted the opportunity at this time to gain an easement for the sewer. Mabusth outlined the drainageway for the area. There is one major drainageway which drains to the northeast and one along the shared lot line at the south to Wildhurst During the review of an earlier subdivision, Mabusth said the Engineer asked for a 50-75' wide drainage easement over the ravine Schroeder asked if this would still result in a buildable lot. Mabusth said as long as there is at least 1/2 acre contiguous land in Lot 3, it is considered buildable. If a backlot is created, the access cannot cross the ravine area according to the flood plain ordinance Schroeder asked the applicant if he had anything to add Johnson said his interest was strictly limited to the parcel under consideration only It is his plan to sell the lots, build homes, and also live there It was noted that he is not a professional developer. Mabusth brought attention to the blutf area noting the need for a surveyor to define the bluff area in the grading plan. Johnson said he understood the bluff issue. During public comments. Gary Welsh, 1214 Wildhurst, inquired about the proposed access road off Wildhurst, w hich would be located close to his property, and questioned the straight uphill look of the road Mabusth said Staff was out on site and tound no problems with sight lines for curb cuts Welsh asked if Staff has reported to the applicant on the stormwater runoff problems Mabusth said Exhibit F addressed the stormwater issue, questioning whether the project would intensity the storage of runoff for the si'e or if an off-site improvement would be necessary Welsh asked if the developer received input from the Staff on the preliminary sketch Mabusth reported that a stormwater retention area is needed for the project, and the developer is responsible for providing retention She noted that the runoff cannot leave the site at a greater rate than at its undeveloped rate Welsh asked if Staff has studied the impact of the runoft'since the application has been made Mabusth said it has not yet been done for the sketch plan but will be as part of the formal application process and noted awareness of the problems Schroeder added that the property is steep and noted the need to understand the is.sue and consider the stormwater manauement. Sandy Rasmussen, Wildhurst Trail, asked if the proposed road was not w ider than necessary at 66' with a 120' diameter culdesac Mabusth said the code calls tor a 50' wide road with a 100’ diameter noting the plan would be amended. Rasmussen asked if it would be the intention to minimize the road size. Mabusth said the road size would be an issue for discussion as well as storm sewers for the road. 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20, 1996 (#8 - #2108 Norbert Johnson - Continued) Norbcft Johnson said it was his plan to have a curved road, not a straight forward road design. He said he did not make note of the width but thought it would be designed at the minimum width He said the first time that he became aware that the road was designed larger than necessary was when he spoke with a neighbor of the property, John Culhton. He said he is willing to look at a different configuration to aid in controlling the runoff Mabusth said the topography ot the land will be a limiting factor Rasmussen reitereated the comment made by Welsh on the concern of runofl'. She noted challenges with runoff and noted the need for a maximum confidence that there be a zero variance in the incremental runoff from the project. Cindy Culliton, 1131 Wildhurst, noted the major concern expressed by the MCWD when they asked to add a 12* golf green on their property, which borders the ravine She questioned the effect of five houses, and asked when the MCWD would come in to evaluate the project. Schroeder and Mabusth informed her that the MCWD is also required to approve the project Culliton asked how much power was given to the MCWD"^ Mabusth noted conformance was required and both entities, the City and the MCWT), abide by the same guidelines Jim Stephenson, West Branch Road, inquired about the Morgaard property to the north noting the same issues apply to that property Mabusth said these properties were not included in the MUSA, and access to the property would be at Wildhurst, not Garden Lane David Rahn, 1134 Wildhurst, questioned the comment about the best access being trom Wildhurst. noting his disbelief that the Engineer would want a paved road going straight up hill with what he felt was probably a 120' elevation change of the road Ryan saw the runoff washing straight across the road onto the property. He said this was the first proposal he has seen with access from Wildhurst instead of Garden Lane. Mabusth responded that the earlier 7 lot proposal involved two lots achieving access to Wildhurst via a shared curb cut. Schroeder asked Rahn if he was in favor of access from Garden Lane Rahn said he was not but neither was he in favor of the proposal as presented as far as the road was concerned Rahn said he cannot imagine controlling the water that would run off the proposed road. All acreed on the steepness of the incline Lindquist said there were alot of questions to be answered concerning the road and would need input Ironi the MC WD and the ^ Engineer Mabusth said the Engineer would address these issues w ith the filing of the preliminary plat. Lindquist also'^noted the bluff issue and the need for a lot line rearranuement. MINUTES OF THE ORONO PLANNING COMMISSION NffiETING HELD ON FEBRUARY 20, 1996 (#8 - #2108 Norbert Johnson - Continued) Rahn asked how the property was proposed to be divided in another recently application. Mabusth said the previous application was a preliminary review only and did not go beyond that. She said there were 7 lots, but that number was questionable Rahn said he was not for the development and the access from Wildhurst. He saw the only benefit was with extending the sewer. He questioned the ability of a developer going from 7 to 4 lots, being able to build a road and gain access, and whether there was an ulterior motive. Johnson said he had no ulterior motive Johnson said he would like to have the road reconfigured as he understood the design could be improved upon. He said he was not clear on all the concerns the Engineer would have Brian Peterson, CoRd 19, noted the problem with water quality in Forest Lake, and asked if the project would need the approval of the LMCD Mabusth said the MCWD deals with the water quality, velocity, and quantity issues. Peterson noted the silt and by products that would go into the lake from the development Schroeder informed Peterson that there are City ordinances that protects the water quality He noted that existing problems in water quality are from existing development and the setbacks and ordinance requirements are there to protect the lakes. Peterson asked if the LMCD would be inv olved in the project. Mabusth said the LMCD does not deal with land use, only lake use, from the 929 4' elevation to the lake Mabu.sth asked if his concern was nol with the permanent structures but w ith the problems arising from construction Mabusth said the plans have to show > *. these problems will be handled. She noted that the City is aware that the southeast area drains to a wetland on eastside of Wildhurst and eventually to the lake and needs to be controlled. Schroeder asked Patti AfTeldt to tell what the Saga Hill Preservation Society is about. AtTeldt said the group are neighbors who have banded together to preserve the area. She noted they would prefer to gain ow nership of the Soskin property but are unable to due to manpower and financial limitations Affeldt said their group is interested in keeping the area undeveloped Lindquist asked Johnson if he has spoken with the Saga Hill group. Johnson said he offered to through John Ciilliton but has not yet reviewed the development with them, noting no one has as of yet called him Lindquist noted the many issues to consider with drainage, roads, the bluff, and the need to determine what is reasonable He said it would be helpfiil for Johnson to meet with the Saga Hill group to gain their input before coming back before the Planning Commission Lindquist noted the time tables for meeting agendas and the usefulness of informal meetings. 4 28 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 20. 1996 (#8 - #2108 Norbert Johnson - Continued) S^dy Rasmussen commented in general from a property owner standpoint on the largeness of the development and the runoff as major concerns. She noted the value of open space Rasmussen said individual site development has been anticipated but the size of this development has come as a surprise. She sees the interest in residing in the area to preclude the larger development. Schroeder said any lots that are deemed buildable can be sold and developed. He noted Johnson's willingness to consider the input of the neighbors. Schroeder noted the major concerns, such as drainage, and the difficulty with developing this particular property He commented on the need for Johnson to work with Staff and the neij^bors Johnson said he was willing to meet with the group and make improvements to his plans adding that he had no grander plans than as presented Lindquist told him to get the plan together first and to meet with the Saga Hill group Schroeder thanked the neighbors for their input and for coming to the meeting Smith suggested that those representing the constituent should introduce themselves to Johnson. Mabusth asked the Saga Hill group to inform Johnson of whom to contact. PLANNING COMMISSION COMMENTS (#9) REPORT BY PLANNING COMMISSION REPRESENTATIVE ATTENDING COUNCIL MEETING OF FEBRUARY 12, 1996 (ELIZABETH HAWN) There was no report at this time (#10) OTHER ISSUES FOR DISCUSSION Mayor Callahan reminded the Commissioners of the new 60-day rule that went into effect on January 1, 1996, relating to the time limit for action on applications. ADDITIONAL ITEMS (#11) PLANNING COMMISSION APPROVAL OF MINUTES OF THE JANUARY 16, 1996 MEETING Schroeder moved. Smith seconded, to approve the Minutes of the January 16, 1996 .Meeting of the Planning Commission. V'ote; Ayes 4, Nays 0. (#12) PLANNING COMMISSION TO SELECT A REPRESENTATIV E TO ATTEND THE MARCH II, 1996 MEETING OF THE COUNCIL No representative was chosen to attend the above mentioned meeting. I THE EHLERS Leaders in Public Finance Since 1955 WINTER, 1995 CONTENTS InlcT^ovcmmcntal Cixipcration: The Name of the Game ..........I .-\nnual Puhlicorp Seminar ..........2 Conferences Conventions............2 I hlers Continues to Grow .............2 Congratulations ......................... 2 Sumrnarv of Area t^ond Sales ^ Tn I ehruan of we saw the t^ond I louver Index I of 20 >ciir, “A” rated JLgo bonds at a low point of 5 25®e Since that time, the MHI had risen to 7 ()6®o in No\ember of IW4 t alter rate increases bv* the federal Reserve Hoard) and has generally trended down since then Last week the ItHI declined to 5 37®o for communities who are ready for financing — and those for whom refinancing is feasible - it's an opportune time. 8 00% 7,50% 7.00% 6 50% 6 00%|- 5,50% 5.00% 1990 1992 1994 1996 1991 1993 199'"- INTERG OVERN M E NT A L COOPERATION: THE NAME OF THE GAME f I ^here is a growing trend of cooperation among governmental units to accomplish goals which benefit the entire Ciimmunitv We have participated in the planning and implementation of a number of such undertakings including the Id I low mg \ count) aided the development of a new resort facilitv b> approving a tax increment program ;ind issuing bonds to be used with several other private and public revenue sources. Improvements were financed which included redevelopment of a lodge dolroved bv fire Ilie schm>l district encouraged and participated in the project in order to use the facility for training students in the service industrv A city which owned a community auditorium in significant need of upgrade to meet code and ADA requirements was having dilficultv raising the money for the improvements. By cooperating with the school district the problem was solved I he city turned ownership of the auditorium over to the school district which held a district-wide election and approved the issuance of bonds to make the improvements. Because the school district is eligible for debt service equalization, the State will help pay principal and interest on the bonds, and the city will cover operation and maintenance. A building was leR vacant for a long period of time due to consolidation of operations of a business. I he city's Published Quarterly HRA issued revenue bonds to purchase and remodel the building The HRA entered into a leiLsc-purchiLse agreement with the county which uses the building for county services. County lease payments are sufficient to cover principal and interest on the bonds and. when the Kinds have been retired, the county will own the building Ihe county had previously been considering building new facilities for these sen ices Ihe elementary school in a small city was due to be clo.sed because it did not meet health and safety or .\D.\ requirements I he city needed city hall space With special legislation, the city was authorized to finance a new school building which will also house space for the city C ity funds were pledged to a portion of the project, and the city entered into a general obligation lea.se- purcha.se agreement with the school district I ease payments made by the school district will retire the bonds. I ax increment financing was propo.sed to a city for a new motel I he school district was interested in providing swimming for its students but had ru» facilities, fax increment financing was approved for a motel which had an o' er-sized swimming pool to acci'mmodate the needs of the school district and the community. .. . and there arc more. In the la.st Advisor, vve invited vou tow contact us anytime to discuss ideas, problems, options ;ind challenges Again, please remember that we arc problem- solvers. We look forward to participating in your ‘brainstorming * to help reach your goals for your community. EHLERS AND ASSOCIATES, INC. 2960 Norwest Center • 90 South Seventh Street • Minneapolis. MN 55402-4100 • 612-339-8291 • FAX 612-339-0854 Corporate Woods. Suite 225 • 375 Bishops Way • Brookfield. Wl 53005-6200 • 414-785-1520 • FAX 414-785-1810 I i ANNUAL PUBLICORP TAX INCREMENT SEMINAR T^hc Pubiicorp Seminar sponsored b>' Khicrs and AsstKiales v\as held ! ebruiiTN ! iind 2 at the I arle Broun Heritage C enter in Bnu)kl>n ( enter. M\ uith about 125 m attendance Besides I hlers slalT. ue were pleased ti> have the participation o! Care> Mot*. Assislam to the Minnesota State Auditor. Prufcisor Lee Munnich« Jr.. Director of the State and I ocal Policv Program at the Humphre> Institute. spcciali/ing in economic development, and a panel of tax increment attomevs including Steve Bubul of Kenned) & (iraven. Bob Deike ol Bradley A: Deike. and Joe (ionnella of Dtirsev A: V\ hitnev As manv of you know, this annual seminar oilers continuing education for attomevs. assessiirs and real estate professionals We look forward to vour suggestions for next year s seminar Materials from the 1996 seminar are available for $50, Call Kristin Hanson at 612-J59.S29L QL OTABLF. QL O I ES **l ach time a lurisdiction has made the lime and resource commitment to the competitive sale process, it has been rewarded with an increased number of bidders and a lower-than-anticipated interest rate “ Taken from 12 ^3 issue o\ (iiuemment I inance Kcview C ON FK R ENCES/C()N- \ ENTIONS Te look forward to visiting with %/%/ many of you at scheduled T ▼ conferences. including the \1innest»la Rural Water Association (MRW A). Minnesi>ta C lerks and f inance OtVicers .Association iMC fOAl. W iscorisin Rural Water Association (WKWA). ililil • ■ ^ V ii I Municipal W isconsin Association (MAS AI Ireasurers Association (MIA'^k and Minnesota of Sw.'iiHil Adminislrati'rs EULERS CONTINUES TO (;row lease welcmne Mary /vvveic |p^(Brivokfield oITkc) and Don feigf JL (Mmnea|>olis otVicel v\ho have ji'ined the I hIcTs team as f inancial Anaivstv, speciali/mg in complex tinancings and priMCctions 1 hese are new rsisitions necessitated by the variety and complexity id the services needed by clients and provided by I hlers CONCRATULATIONS ^ Te are pleased to announce that Mike llarrigan. financial ▼ T Advisor in our Brmiklleld olVice. was recently nameil a V ice President of the ( ompany Mike is in his third year with f hlers tUid was [ reviously V illage Manager at Whiletlsh Bay. Wisconsin, for 1(1 years W e look forward to Mike s partp ipation as an otllcer of the firm Vanev DemaraU. \nalvst in our Minneapolis otTice. and Mike Ilarrigan. Wisconsin financial .Advisor, have both been certiTied by the National Association of Independent financial Advisors W'e congratulate them on their accomplishment luid know that vou will want to do likewise Iuo si^^nccutt^'rs ucrc iJsLcJ uhat tlicu uctv Jijtna lltc hrst SxtiJ. / w cu/Zma tlii3 stone tnto ihe seeonJ repheJ, 7 m on u team tluit s huJJino a irothcJrol • C Vi/ Sfary Steve Apfelbacher. IVesident of f hlers and Associates dell), and luncheon speaker Professor Lee Alunnich, Jr. of the Humphrey Institute at the Pubiicorp seminar 4^ Carolyn Drude Board Chairman Slcvcn F. 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