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HomeMy WebLinkAbout05-13-1996 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 13, 1996, 6:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL POLICE RESERVE RECOGNITION - Ted Westerdahl and C. J. 1.CONSENT AGENDA St nc T tiL UjoAPPROVAL OF MINUTES *2. Regular Meeting of April 22, 1996 *3. 1996 Board of Review Meeting of April 24, 1996 PARK COMMISSION COMMENTS MAY 13 WS« dTYOPONONO PLANNING COMMISSION COMMENTS - No Representative Selected PUBLIC COM.MENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 4.#2088 Winfield Stephens, 3770 Bayside Road - Variances - Resolution ^ ^ 5.#2122 Karen Skoog/Tamera Christensen, 280/350 Tonka Avenue a.) Vacation - Resolution b.) Subdivision of a Lot Line Rearrangement - Resolution 6.#2124 John A. Earling, 2165 Colin Drive - Variances - Resolution Ml.#2125 Richard D. Clifford, 4760 North Shore Drive - Variances - Resolution ^ 8.#2126 City of Orono - Vacation of Portion of Navarre Lane - Resolution 9.On-site Systems Code - Ordinance Amendment MAYOR/COUNCIL REPORT 10.Planning Commission Appointment ENGINEER REPORT CITY ADMINISTRATOR’S REPORT 11.Conditional Offer of Employment for Public Works Maintenance Worker Position 12.Lord Fletchers Request For Use of Public Parking Lot 13.Dan Handlin Request to Acquire City Property to Resolve Non-Conforming Driveway Issue .^14. Golf Course Purchase - T Markers -aTl5. Golf Course Purchase - Mower 16.Budget Adjustment^ : r 1995 *17. 1996 First Quart.-' P .* cnue & Expenditure Report (Information Only) CITY ATTORNEY’S REPORT (*18.) LICENSES (*19.) BILLS AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 13, 1996, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA UPCOMING ISSUES AND EVENTS 05/11 - Saturday - Orono/Long Lake Joint Clean Up Day 8:00 a.m.-2:00 p.m. Construction Materials '..Only f 05/13 - Reconvened Board of Review meeting 6:30 p.m. 05/12Lc Council meetine 7:00 o.m. 05/1 05/16 05/20 05/21 05/27 05/28 06/03 06/10 06/17 06/19 06/24 Highway 12 Land Use Committee 8:00 a.m. Planning Commission 7:00 p.m. School Board Election Day - No public meetings allowed between 6 p.m. & 8 p.m. HOLIDAY Memorial Day Observance Tuesday - Council meeting 7:00 p.m. Park Commission - Park Tour Council meeting 7:00 p.m. Planning Commission 7:00 p.m. Highway 12 Policy Committee meeting 5:30 p.m. Orono Council Chambers Council meeting 7:00 p.m. .I'- ^ >' Public A ttendance Meeting D ate //c < (/ !3 !? Jh “/ f'f Council Planning Commission Park Commission Other Please fill out the information REQLTSTED BELOW FOR OUR CIIY RECORDS. NAlvIE (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 2.T~\h.'in IaaMCA r_^ yj </ I'' iT ( -rlf. P" 4._tVL.A*-l WCU- 5._£(i_J 6. Uo(^Q> ri-i^ rc^-tO ^an S /c c "2 <6' <; j i A'^ . , i f^r 7.-J 8._ 9.. 10.. 11. 12. 13. 14. Q\,^r/^/!ft’S\yju ^iL 15._ OflJfS.4 IMP !£I'll[ MEDINA I =:;::D 1.., ,,.� I · C�=� 1 ·t.x �Ft� r �-� � � � -.r I ----· 800 6 rrt¥�.:-WW �-� t � I �_,_ t:l: T ���-t \1l I I II J 1200 7 AGEr�iDA FOR COUNCil.. l\.JEETING SET FOR l\1ONI ORONO COUNCIL CHAMBERS, 2780 KELLEY PARl Asterisk items are conside�ed to be routine items to be ena Council under the Consent Item* on the agenda. ?-.-femos r available in the Public Packet -located on the counter near th ROLL CALL POLICE RESERVE RECOG!'tlTION -Ted Wes l.CONSENT AGENDA APPROVAL OF l\-lTh'lJTES 2. Regular �feeting of April 22. I 996 hl and I 3.1996 Board of Review �te,eting of April 24, 1996 PARK ;\C\IISSION COi\L\rE�tS PLA .. '\�G CO\L\II N CO:\OIEi'tS -No Represen PUBLIC CO:\l\lENTS -(Limit 5 :\linutes Per Person) O�lNG AD�IINISTR.\TOR'S REPORT .::�088 \1/inficld Stephens, 3770 Bayside Road -Varianc 5.#2122 Karen SkoogiTamera Christensen, 280/350 Ton! N1AY 10. cion -Resolu.:,on b.) Subdivision of a Lor Line Rearrangement -Resolu _ 12-l John A. Earlin�. 2165 Colin Drive -Variances . _125 llichard D. C1ifford, 4760 Nonh Shore Drive -... 126 Cit y of O�0no -Vacation of Portion of Navaro n-site Svscer,ts Code -Ordinance Amendment PORT ::, Commission Aooointmentr 1 I • I I I If ti I I t I J I 1600 Ef\Gf.\eER REPOR 4400 8 � I f I -2000 9 � c··dtrr � rn I L--s·, .. �Ii 1 1 :J 1' A 1 ------+--2400 ' ·, ••B 4000 C /' ✓•� 10 �-�� 7>--F f'-: I .. ••• I .. -I ,... �T � " -< � I .,,.- �·-I f I I 2800 • I /� ✓•11 ·-·-·.,,,,,. �-+-- E --2.8C-+=-00--.f--2-i400�. -G--2000+.-H-�1600--1 �1200�·--· · -J-·-· -t-800-· ____ K_.....___--+--3200 400 L 0 tyof Orono, -sota �d,J I;; 5. • 'IOOO ll fit .. fload,.,. nortt, __._ --et tu11berii,g ·hiax Map ·---­..... f!fYtS[D• NO'-'. ,. 111c; ��-.,,,. �a.If&& &G21, ... .,...,, .,_ ... ,JUIIC Jo, ... AUG. 11,NI ...... ,,_., .. S[,.T. 7, 1990 .UC 5, lltl �,._ •· ,,n JMI It,''" ITY AD'.\lNI RT 11.Conditio12.Lord Fletchers Requ13.Dan Handlin Request t14.Golf Course Purchase15.Got f Course Purchase -i\lower16.Budgc:c Adjuscments for17.l 996 First Ouaner Revenue & REPOR' blic 'Norks �1 . g Loi to Resc xoenoirur Reoo. n •^5 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 22, 1996 ^0(J, ROLL ^3 The Council met on the above mentioned date with the following members Mayor Edward Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour,^M^j JoEllen Hurr, and Charles Kelley Representing Staff were Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth. .Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Tom Barrett, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7;02 p.m (#1) AWARD OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCUL REPORTING BY ED BURRELL, REPRESENTING THE FINANCE OFFICERS ASSOCIATION Steve Hauer, member of the Executive Committee, Minnesota Chapter of the Government Finance Officer's Association of the United States and Canada, presented the award for Ed Burrell The award, for the Comprehensive .Annual Financial Report for the Year Ended December 31, 1994, was; .isented on behalf of the City to Tom Kuehn, Finance Director, and his stafl’ Chris Miller, .Assistant Finance Director, and John Olson, Management Analyst-Accountant Hauer said the certificate is presented to recognize and encourage excellence in financial reporting and that the report gave a clear and thorough view of the financial picture of the City of Orono and went beyond the standard requirements of generally accepted accounting principles in order to enhance the understanding of the city's financial status The attainment of this award represents a significant accomplishment of the City and its management Hauer said Orono is one of only 244 cities nationwide with populations under 10,000 that has received this award. Callahan said the City is proud of its achievements and its financial status and expressed his appreciation for the efibrts of the finance department staff. (*##2) CONSENT AGENDA Items #6, 8, and 12 were added to the Consent Agenda. Hurr moved, Goetten seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0 I 4i L , MINUTES OF THE REGULAR ORONO CITV^ COUNCIL MEETING HELD ON APRIL 22, 1996 (#3) PUBLIC HEARING - VARIANCE TO MORATORIUM - #2132 ORONO . fI€)CKEY ASSOCUTION, 1025 OLD CRYSTAL BAY ROAD NORTH - 'i''' ' VARIANCE - RESOLUTION #3718 - 7:10-7:22 P.M. Mabusth reported that the Orono Hockey Association has applied for a variance to the moratorium as the moratorium prohibits the City from granting a conditional use permit or building permit on property located within the Highway 12 corridor study area. The proposal for the ice arena on the 4 4 acre parcel would require variance for setback for the parking lot, variance to the number of parking stalls, and a variance for signage area. Mabusth stated that the moratorium only applies to the granting of the building permit, not in the application for a CUP Mabusth asked the Council if they would consider review of the conditional use permit at their May 13 meeting. Callahan said he had no problem with the variance to the moratorium as the property itself is not affected by the Highway 12 corridor How ever, Callahan was not in favor of viewing the conditional use permit itself Callahan asked to poll the Council members regarding considering the application before the outcome of the MUSA line application has been received Jabbour moved, Hurr seconded, to approve Resolution #3718 for the variance to the moratorium based on the fact that it was not the intent of the moratorium to affect this particular parcel of land. Mabusth asked that the application fee be refunded excluding the cost of publication as was the case in the recent Meinhardt application Callahan said the Meinhardt application did not require any variance but that to the moratorium Mabusth informed Murr that the future engineering costs, which will be incurred, would be recorded, and the refund would be for anv overaue in the amount collected Barrett asked that the motion be ba.sed on a reason as listed on page 2 and 3 of the moratorium ordinance by which a variance to the moratorium can be granted. Mabusth said the reason for the variance is set fonh as findings within the resolution. Hurr asked that the resolution exclude the term, "to permit," and change it to say, "to consider the granting" Callahan asked that the statement, "the Planning Commission unanimously approved the conditional use permit", be removed from the resolution Jabbour amended his motion to include the above two listed changes MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 22, 1996 (#3 - #2132 Orono Hockey Association - Continued) During public comments, Roger Zeeb, 2905 6th Avenue North, asked the Council for the reason for the variance Callahan said the variance was to a moratorium for development through out the area. The intent of the moratorium is to consider future development as a whole but not for review' of individual parcels of land that have been developed The variance for the application in question is being considered because there is no intent to make changes to the comprehensive plan or zoning code for this property The granting of the variance to the moratorium allow s the applicant to apply Zeeb asked if the large building on the small lot would have a bearing on approving the variance. Callahan said the particulars have no relation to the moratorium on Hwy 12. Changes to the zoning or ordinance for zoning would be considerations within the moratorium. Goetten clarified that the decision on the variance to the moratorium has no affect on the actual review of the application Vote; Ayes 5, Nays 0. Jabbour asked the Council to speak philosophically on whether they should review an application, which is affected by the MUSA line application, before the NtUSA line has been changed. Mabusth informed the Council that the Met Council is considering separating the ice arena project from the remaindei of the MUSA application for expedited action. Mabusth said the Met Council would not act on the school property until Orono and Long Lake have resolved the downstream sewer capacity issue. Jabbour noted that it would be oencficial for Staff to know the opinions of the City Council regarding granting a conditional use permit subject to the MUSA line change approval or delaying the application until the decision is known. Callahan noted the Met Council application decision is of a political nature. He noted the Council is in favor of the MUSA application including those units not within the school property and those in the school property. Cook asked the Council to understand that the sewer units to the ice arena and school property as well as the property north of Long Lake all go through Long Lake He noted Long Lake is concerned regarding sufficient sewer capacity to serve the project Cook said the capacity is a valid concern With a limited capacity, there may be a problem with the number of units av ailable to serv e the ice arena Cook said it may be necessary to ration the units in relation to the proposed sewer projects in the north Long Lake area, the ice arena, and any other projects that would affect the capacity of the sewer trunk system through Long Lake MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 22,1996 (#3 - #2132 Orono Hockey Boosters - Continued) Callahan said he did not feel the Council should consider the conditional use permit and lock in to a number of sewer units until it is known how many are available He also hesitates to allow the Met Council to consider the school property separately and grant sewer units to that property alone when it is unknown whether there will be enough sewer units for the north shore of Long Lake Callahan said it would be irresponsible to consider the application even if all are in favor of the application itself. Kelley inquired when the capacity would be determined and who would make the determination. Gaffron said a specific number of sewer units were historically allocated to Orono, Medina and Long Lake He noted that Long Lake and Orono have begun metering the existing sewer lines to see what capacity remains. Gaffron said he was advised by Moorse that the information on capacity should be back by mid May. Cook said the metering will allow the cities to know what segments of the interceptor line need to be upgraded The City is allowed up to 216 units. Cook said the flow monitoring currently being done started in mid April and should take about a month Callahan noted that Medina also has claims on the capacity. Cook confirmed that Medina is part of the agreement. jabbour said Long Lake asked Orono last year to participate in a metering effort, which the City declined. He said he is concerned with installing a second line and noted it is also a concern to the tax payers Callahan said Long Lake is of the belief that there is more water flowing through the pipe than is thought Cook said the flowage is at 70% of what is allocated Cook said the 70% is based on flow data and is enough to handle the 216 units but no additional The number of unused units at this time according to Gaffron is approximately 45 on paper. Jabbour noted the bond money that was set aside to pay for the increased units. He asked the location of the pipe. The pipe is located on the east side of Washington Scientific and travels south to the railroad track, under Willow, and joins Long Lake at the metering area on the east side of Willow Drive. Jabbour asked if the pipe was big enough to handle the expected amount of additional flowage Cook said the pipe was inadequate and sections need to be replaced. Cook said the best plan is to utilize the lines that have the capacity and replace the sections that do not. He noted the pipe from Watertown to the lift station will probably need to be replaced. The flow monitoring should identify the problem areas. MINUTES OF T’lE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 22, 1996 (^3 - ^2132 Orono Hockey Boosters - Continued) The question of a school referendum being passed and affecting the sewer units with the construction of a new building was brought forward. Kelley questioned w hether the school could request additional sewer units directly from the Met Council. Callahan said the school cannot go directly to the Met Council. Council asked Mark Engebretson, representative of the Orono Hockey Association, on his view of the sew ering issue Engebretson said they w ere prepared *o install a septic system The association had based this on the project taking a relatively shorter amount of time than the current outlook Callahan questioned whether the Council would want to separate out sewer units for the ice arena without knowing whether the remaining sewer units will be available. Engebretson calculated the number of sewer units needed for the rink to open would be 8-10 units initially, increasing to 12-15 units when all phases are completed. Engebretson said it was his hope that the Association was not looked upon as being narrow minded concerning this issue Callahan responded that the Association has been straight forward. Jabbour told Engebretson that the Association may need to consider alternative plans if the available sewer units must be used instead to maintain a level of health to the north Long Lake area Hurr said she was unaw are of what any alternatives would be as she said holding tanks would not be a consideration. Kelley asked when the monitoring information would be available. Cook said the information should be presented to the Council at their first meeting in June Kelley suggested to Engebretson that their Association speak with Long Lake regarding the sewer issue. He noted the concern with the water flowage through the pipes and only 30 units remaining out of 45 available in the original agreement. Kelley asked if there was $600,000 in funds available to add the units. He w as informed that the money was earmarked to upgrade the system through Long Lake. Kelley asked if the capacity could be added to get to the 216 units. Cook responded that the City already has the 216 units and needs to determine how to get beyond that amount Callahan and Hurr both agreed, when asked by Kelley, that the CUP should not be considered until the sewer capacity has been determined. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 22, 1996 -#2132 Orono Hockey Boosters - Continued) Planning Commissioner Peterson commented that the Planning Commission moved forward with the CUP with the clear understanding that the sewer capacity had to be resolved and stwer in before the project could begin Engebretson acknowledce that it was their understanding that the sewer units and capacity would be resolved before the building permit would be made available. He asked that the Council continue with their review of the project with the understanding that the issue is to be resolv ed. Jabbour .said he could not consider the project until the sewer issue was resolved. Kelley said, although the application could not be approved, he was in favor of continuing the review process as it would involve several meetings. He would like the application brought to the May 13 meeting so as to keep the discussions moving forward and not stop the process Kelley noted the review could be stopped if the majority were not in favor of the CUP or if the sewer issue becomes the problem. He asked that the public be informed of where the Council stands on these issues Goetten said she saw the sewering as an integral part of the application and would like to feel more comfortable with the sewer situation before moving forward with the application Hurr questioned the 60-day ruling, Barrett said the City has the right to extend the application in excess of the 60 days if the extension is approved by the applicant. Jabbour said he was willing to review the application He commented that the City has been looking at the possibility of an ice arena since 1992. and it is not a new concept as is thought by some people He noted the necessity of treating all applicants alike He was concerned with being pressured to move forward without all the information. Cook said the problem with the sewer line is not new, as it was studied in 1989. He said it was a matter of fine tuning the problem Cook said the unknown is whether the theoretical numbers match the actual numbers When that is determined, then the City can move forward He noted there is the question of coming to an agreement with Medina and Long Lake regarding increasing capacity. Callahan said there is also the question of cost and how to meet the cost. He said the data to be received in June may help clarify but not necessarily solve the problem. Callahan noted that 4 out of the 5 Council members w ere not in favor of moving forward with the review of the application Engebrctson said he would prefer that the Council wait to continue the review of the application until the outcome of the sewer line was known and said he preferred a traditional review MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 22, 1996 APPROVAL OF MINUTES (*#4) REGULAR MEETING OF APRIL 8,1996 Hurr moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of April 8, 1996. V'ote; Ayes 5, Nays 0. PARK COMMISSION COMMENTS Park Commissioner Lili McMillan was present She had no report at this time. During discussion of the Shade Garden Donation (agenda item #10), Callahan asked McMillan to include an official recognition of the park bench at Crystal Bay Park, which was built by Boy Scout Jason Christenson, during the Park Tour on June 3, 1996. McMillan noted the trend in golf courses to leave more areas of natural plantings and elimination of some mowing. She felt this could be considered for incorporation at the golf course in the future. The up front cost would be greater but would lend itself to less maintenance The pros and cons of mow ing were discussed. Kelley noted it was a matter of course management. PLANNING COMMISSION COMMENTS Planning Commissioners Steve Peterson and Dale Lindquist were present. Hurr asked Peterson to comment on possibly changing the number of meetings held each month by the Planning Commission. Peterson said the Commission would be willing to have two or more meetings a month when the agenda warrants it, but the Commissioners would rather the policy remain as it now stands. Jabbour commented that he had brought the issue up due to the sometimes lengthy process for an application He asked that zoning issues be brought to the Council on a more rapid or consistent basis Mabusth noted, when votes are not unanimous, it sometimes hinders an application moving forward to the ne.xt meeting. PUBLIC COMMENTS (#5) TERESA FOGARTY - WESTONKA AREA CHAMBER OF COMMERCE Teresa Fogarty, Director of the VVestonka Area Chamber of Commerce, reported that an economic local focus committee had suggested signage be installed in each represented community to encourage the residents to solicit the area merchants She asked the Council to consider the concept No signage has been developed at this point. There would be one metal-type sign for each of the communities, which would be installed at a strategic location within each city. The Chamber will pay the cost for the signs. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 22, 1996 (#5 Teresa Fogarty - Continued) Callahan said he would like to see the design of the signs. Jabbour said he would be in favor of such signage if the merchants in the city collectively decided to market themselves as a group. Fogarty said the sign will be designed and presented at a later date to the Council for their approval. Fogarty also presented the City with a banner recognizni^; - I'e maiden voyage of the Minnehaha on May 25, 1996. She asked the City to hang t'.j banner in support of this endeavor with the cities of Excelsior and VVayzata. ZONING ADMINISTRATOR'S REPORT (*#6) #2098 EVA THEOBALD, 4104 HIGHWOOD ROAD - VARUNCES - RESOLUTION #3719 Hurr moved. Goetten seconded, to adopt Resolution #3719, granting lot area, lot width, 75-250* hardcover, front (street) and side setback vaiiances to Eva Theobald at 4101 Highwood Road for replacement of the existing residence with a new home Vote; Ayes 5, Nays 0 MAYOR/COUNCIL REPORT Hurr asked Gatlron to inspect Lakeside Marina to ensure that the marina is in compliance with ordinance regarding use of styrofoam dock floats Gaffron said he is awaking a 1996 license application as well as conditional use permit application from Lai eside, although he has been advised that the styrofoam conversion is complete. Gaflron will submit a report on the marinas on May 13 I lurr volunteered to assist with the inspections if needed Jabbour asked Stall'to look into fire safety inspections within the Long Lake fire district to ensure there are no hazardous areas within the businesses. He is concerned with the possibility of such hazards in practice GalTron will follow up on Jabbour's request that such inspections be conducted by the fire marshall Hurr asked that box lunches be provided for the Council on Wednesday evening due to back to back meetings at the school and Board of Review following in the Council Chambers. Goetten asked, and Callahan volunteered, for a Council member to stay the entire length of the first meeting to represent Orono before proceeding to the board of review meeting. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 22, 1996 4 (Mayor/Council Report - Continued) Callahan inquired about the installation of a sign on Scotch Pine Road. GafFron was unaware of any signs but did note the road being converted to a private road. Jabbour informed Kelley of a Staff memo regarding no agreement being made with the DNR on the Maxwell Bay access. Jabbour said he asked the DNR to address the concerns. The DNR said a change in law allows them to reimburse the City for the tax loss without a signed cooperative agreement. The DNR has addressed the issues of concern and will remove the docks in the winter months and block the ramp as well as approach other cities for lake access Kellev was informed the final house on the DNR acquired property will be removed in June. The other land nearby has not yet been sold and will go on public auction in June via a sealed bid process. Council asked Staff to report to the Council on the issue of tire lanes Goetten asked Gaffron if there w as a time frame in which a sewer line problem must be repaired. Gaffron will ask the building inspector to call Goetten on this particular matter. Hurr said she has received calls on work being done on a property on Shoreline Drive and asked Mabusth for an update Mabusth said work was being done on a lower level of the residence. Kelley inquired about meeting to discuss the TSM Proposal by Mn/DOT for the Hwy 12 Corridor. Callahan noted that a meeting was held with the consultant. City Attorney and administration last week He said discussions will be held on the information relayed in the report. Kelley asked if there are plans to study the ESI study. Callahan informed him that the City's intention is to respond to the current TSM plan being proposed. The TSM proposal was announced on April 22. A policy meeting is scheduled for April 24 with an open house scheduled for April 29. Jabbour said the corridor plans have been dropped beyond CoRd 6. Jabbour said it is important for the Council members to understand how the scope of the project relates to the City of Orono Jabbour invited the Council, Staff, Planning and Park Commissioners to Big Island on May 4, 1996 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 22, 1996 ENGINEER REPORT (#7) BID AWARD - KELLY AVENUE SEWER IMPROVEMENT PROJECT Cook reported on the storm water project on Kelly Avenue Public information meetings were held with the residents. The residents were not in favor of the proposal of assessing for pumping water out of the pond but did favor the road being raised and updating the sanitary sewer It was reviewed and decided that the sewer line to the east should be replaced This would allow the line to be moved from its location under the pond. Goetten inquired about the easement costs, which was a separate issue, and an additional cost. Gerhardson said the cost of acquiring easements on three separate parcels is about $4,300. Cook reported that the low bid to replace the sewer line to the east was by Widmer, Inc., at a cosf of $40,59.3.50. Hurr moved, Kelley seconded, to award the bid for the Kelly Avenue area sewer project to Widmer Inc , at a cost of $40,595 50 to be funded from the Sewer Fund Operating Budget ($18,000) and from the Sewer Fund Capital Outlay Budget ($22,595 50), and amending the Sewer Fund Capital Outlay Budget to include the additional $22,595.50 expenditure. Vote: Ayes 5. Nays 0. Goetten was informed by Cook that the project would be completed by the end of July, 1996 Hurr asked that the neighbors be notified. CITY ADMINISTRATOR’S REPORT (*#8) SEASONAL EMPLOYMENT - GOLF COURSE Hurr moved, Goetten seconded, to approve the seasonal employment of Thomas Docken as Groundskeeper Helper at a rate of $6.25 per hour, effective 4/27/96, and Jan Blair as Counter Helper at a rate of $6.00 per hour, effective 4/23/96. The positions shall not exceed a six month time period from first date of employment. Vote. Ayes 5, Nays 0. (#9) LOCAL SAC AND WAC CHARGES - ORDINANCE AMENDMENT #146, 2ND SERIES Gerhardson reported that the Council previously asked Staff to review the SAC and WAC charges The Staff is forw arding their recommendation to add charges to non- residential properties for increased or additional usage. Mabusth added that the charges were for new use or for intensification of non-residential properties or new development due to demolition of properties. --wr"'MINUTFS OF THE REGULAR ORONO CIT\' COUNCILMEETING HELD ON APRIL 22, 1996 {U9 SAC and WAC Charges - Continued) The suggested fee is comparable to the metro SAC charges established by the Metropolitan Council Wastewater Services of $900 per unit. Hurr moved, Goetten seconded, to adopt the proposed ordinance amendment #146, 2nd Series, to the 1996 Fee Schedule. V^ote; Ayes 5, Nays 0. (#10) SHADE GARDEN DONATION Goetten commented that the donation was a wondeiiul idea and a very appreciated offer from Mr. Abbott. She asked that a formal dedication be scheduled and encouraged other residents to consider the donation of gardens. Gerhardson will look into the request for the formal dedication. Jabbour moved, Callahan seconded, to accept a donation from Mr. James Abbott, 1000 Brown Road South, for an amount of $ 1,860 to construct a shade garden at the Orono Golf Course. Vote: Ayes 5, Nays 0 (#11) EQUIPMENT PURCHASE - GOLF COURSE Gerhardson reported that the purchase of the Tee mower for replacement was budgeted in 1995 A test w as performed on the equipment during the later part of summer. It was decided at that time to make the actual purchase during 1996 in order to extend the warranty period Hurr moved. Goetten seconded, to purchase one National Hydro 70 Triplex Tee Mower from North Star Turf for an amount of $ 11,709.68. Vote: Ayes 5, Nays 0. Kelley asked if the golf course superintendent has discussed what the best products are with other superintendents in the area. G rhardson said the superintendent meets with other superintendents monthly and trade such information. (*#12) PARK INTERN EMPLOYMENT Hurr moved, Goetten seconded, to authorize the hiring of a summer park intern at a rate of $8.00 per hour for a cost not to exceed $3,500, to be funded from the Park Dedication Fund. Vote .Ayes 5, Nays 0 (#13) ADMINISTRATION OFFICE COPY M.ACHINE REPLACEMENT Gerhardson reported that Gatfron researched the copy machines available and made his recommendation. MINUTES OF i HE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 22, 1996 d (#13 - Copy Machine Replacement - Continued) Jabbour noted a 5% preference cost associated with equal, American made products. Hurr moved, Goetten seconded, to approve the purchase as budgeted from the Improvement and Equipment Outlay Fund, of the Minolta 6000 copier from CDP at a cost of $15,254 (plus tax) and to enter into a long-term package maintenance agreement with CDP. Vote; Ayes 5, Nays 0. (#14) APPOINTMENT OF CSO Hurr inquired how many hours per week the Community Service Officer would be working along with how many hours aie worked without receiving benefits. Gerhardson said he would pass this information on to Hurr and noted the City follows personnel policies. It was noted that this is a part-time position. Hurr moved, Goetten seconded, to approve the hiring of Michelle Alexander as part-time Community Service Officer, effective 4/19/96, at a salary of $7.30 per hour, with no benefits Vote: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Barrett had no report. (*#15) LICENSES Hurr moved, Goetten seconded, to approve the following license: Vote: Ayes 5, Nays 0, Set Up License Don Scherven Navarre Lanes 3435 Shoreline Drive (*#16) BILLS Hurr moved, Goetten seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. 0 000 L 2 _ 1996 r r_ l lys MINUTES OF THE BOARD OF REVIEW MEET^QlWCILlirEETB^ HELD APRIL 24,1996 roll ®»wohono The Orono Board of Review met on the above date with the following members present: Mayor Edward J. Callahan, Jr., Councilmembers Gabriel Jabbour, J. Diann Goetten, Charles Kelley and JoEllen Hurr. The following represented Cit>' staff: City Administrator Ron Moorse, City Assessors Rolf Erickson, Gail Navratil and Lisa Mott, Hennepin County Senior Appraiser James Atchison and Recorder Lin Vee. Senator Gen Olson was also present. The meeting was called to order by Mayor Callahan at 7:05 p.m. Mayor Callahan explained that the Board considers objections to tax valuations of property for 1997. He stated that further appeals could be made to the County Board of Review or District Court. Mayor Callahan added that no decisions would be made at tonight ’s meeting. An appointment could be made with the Assessor to further discuss property valuations rather than waiting to appear before the Board at the current meeting. Erickson noted that Board of Review Information sheets were available to those present which further explained definitions and the review process. Mayor Callahan explained that appeals would be heard in the order in which property owuers signed in upon arriving. He asked that each owner state his name, address of property, property identification number, value of the 1996 Notice of Valuation and the value the owner feels appropriate. Mr. Ken Cnrl«;on. 1498 North Shore Drive. #08-117-23 43 0014/15 - Carlson distributed some information sheets to the Council regarding his property. The 1997 valuations are at $148,000 and $91,000. There has been an 18.7% increase since 1994. No improvements have been made since 1980 on the residence. The one bedroom rental property was bought in 1972 and no capital improvements have been made in 20 years on this less than 700 s.f. property. He felt the rental property should be valued at approximately $70,000. This is not lakeshore property as it is divided by County Road 5 1 but does have lakeshore across the road with a dock. He thought the residence would be worth about $130,000. Curt Ouadv- 122.3 Brown Rr>.id South. #10-117-23 31 0065 - His 1997 valuation is at $104,000 and he feels it should be at $90,000. Quady has talked with realtors and looked at comparable properties in the neighborhood. He thinks it will cost $25,000-30,000 to bring his house up to comparable properties. From 1989 to 1996 valuations have increased 144%. The Assessor used the next door property and one on Prospect Avenue (2150 or 2160) as comparables. His 1996 valuation was $99,000 and was not lowered last year. Kelley suggested Quady submit the written report from the realtor. The house was built in 1917. Mayor ey and sessors ion and Mayor r 1997. Court, it could ■before ts were mm mat] i signed roperty tv feels d some )00 and le since capital e rental divided sidence )00 and operties parable ;xt door ion was rom the mm riinrii r«riT«u] OilkWtl iniriiit] sinni MINUTES OF THE BOARD OF REVIEW MEETING HELD APRIL 24,1996 ivethe >is Old s from it there 00 and 16,000 londed mot be irrows, u The ,900 to vill be wners. ;value int lot. dwent istrict. lell for lot and t is not would ed that )ses. year's 1994 at bought i 1988. r F Roehm. 997 Wildhurst Trail. #07-1 17-23 21 0004 - The valuation in 1995 was $168,000; 1996 limited market value is at $184,000 with estimated at $202,000. The valuation has gone up 20.2%. When he talked with the Assessor's office, they told him the downstairs had increased to 90% finished but he stated there had been no improvements in the last 12 years. He thought there should be a gradual progression of increase. The home was built in 1977 and is on a channel. The Assessor has visited the property in the last few years. Boehm commented that there were million-dollar properties across the street and he had been assessed for the street improvements. rhris Morgart. 1003 Wildhurst Trail. #07-117-23 21 0016 - He stated that he had solved the problem. lames and Mavine l.orence. 4460 North Shore Drive. #07-117-23 31 0039 - He moved to Orono 8 years ago and the home was valued at $168,000 at that time. The 1997 valuation is at $293,000 and has gone up at least 10% almost every year. The 1995 valuation was $244,000 and 1994 was at $223,000. He listed a number of neighborhood violations that have not been resolved by the City. The neighboring properties at 4480 and 4470 North Shore Drive are rentals and have 4-6 boats all summer. He feels the neighborhood has become a "slum" and has diminished his property value. Mayor Callaiian suggested that Mr. Lorence copy his list of complaints and letters and submit them to the City Administrator who will forward to Council. He feels $200,000 would be a fair valuation. Robert Larson 724 Tonkawa Road. #05-117-23 34 0003 - Mr. Larson did not stay to appear before the Board. Mur Senn. #4448 North Shore Drive. #07-11 7-23 3 1 001 3 - She has lived at this address for 23 years and is concerned about the taxes jumping in such large increments. The property is 38 from the channel and about 20' from the highway on a pie-shaped lot that is not buildable. The 1996 valuation is $137,000 and 1995 was at $1 14,000. Jabbour noted that this is an e.xtremely limited property. William H. Rnckmann 1090 l.oma Linda Avenue. #08-11 7-23 23 0010 - Mr. Bockmann did not stay to appear before the Board. Willi.am A. BorWm.ann. 1130 Loma Linda Avenue. #08-117-23 23 00.1 2 - Mr. Bockmann did not stay to appear before the Board. Mvrn Karlen. 630 Deborah Drive. #31-118-23 22 0008 - In 1991 the property vvas valued at J324,100 and has increased to $430,000 for 1997. When she called the Assessors office, they told her to compare a house that had sold on Orchard Road but the Karlens have an upstairs making it not a comparable. She stated there were two homes in the neighborhood that have sold and should have been used as comparables. One across the street sold in December of 1995 for $317,000 which has 8 acres (more land than her property) and more amenities. The home next door sold in the winter of 1994 for $334,000 which has 10 acres. Last year she filed papers at the Hennepin County Courthouse-Tax Court but has not heard anything. Erickson commented that the Tax Court is probably I'/t years behind. She feels it would be worth $414,000. The Assessor will revisit this property. ■I T ., Carlson. '>080 Shadvwood Road. #17-117-23 31 0016 - The 1997 valuation is $311,000 and the 1996 valuation was $299,000. She feels the values are going up too fast forcing those who have lived in the area for years to move out because they cannot aftord the taxes. She felt the valuation should be at about $300,000. Erickson explained that they do not base valuations on comparable fee appraisals because it would be too costly for the City. They look at various parts of the lakeshore and many different neighborhoods to detemhne average increases. He noted that competition for less expensive homes is increasing. r.W Kalweit. 4265 Forest 1 ake Drive. #07-117-23 12 0016 - The 1997 valuation is for $258,000 and he feels it should be at $241,000. In 1995 it was $239,000 and in 1996 it was at $240,000. There have been no improvements to the house. He did not teel their particular lakeshore increased 6% in value because a stormsewer had been installed illegally before they purchased the property. He had photos showing the growth as a result of the improper drainage. The homeowners have asked for dredging in this area. There is a lift station across the road that has malfunctioned on several occasions for various reasons causing water/sewer damage in their home. Tv Riicev. 2677 rnsco Point Rond. #20-117-23 23 Q02Q - His 1997 valuation is at $364,300. Due to a fire they had to rebuild and built the floor plan of a neighboring home (valued at $330,000). The property is a 60' lot on a cliff. He feels the home is worth $325,000. The old house was appraised at $265,000. It cost $225,000 to rebuild, leaving the difference in the value of the property. Ip^rk ls.anman. ^10 Ftii- l.sland. ^23-117-23 23 0034 - The valuation of the cabin in 1994 was $63 000; in 1995 it was $67,700; for 1996 it is $74,600. There have been three sales on Big Island in the last year. 290 Big Island sold for $77,000 with a cabin of 842 s.f. The Isaaman cabin is 525 s. f. Another property sold for $55,000 and a third at $63,000, both were larger cabins. He has about 200' of lakeshore but one end is a swampy lagoon and has a fire lane. He thought $60,000 would be a fair assessment. The cabin was built in 1970. MINUTES OF THE BOARD OF REVIEW MEETING HELD APRIL 24,1996 rp»rrv Timm. Sixth Avenue North. #28-118-23 31 0007 - The valuation for 1997 is $140,400 and she thinks it should be at $120,000. They paid $158,000 which was a mistake. It is next to the proposed ice arena which she feels will decrease the property value. It is on a busy road with lots of anticipated noise. It was on the market for two years. In 1990 there was a VA sale for $137,000. She noted the basement was moldy and the carpet had to be replaced. Hurr suggested that she appear before the Board if, in fact, the ice arena does cause problems. FHw.nrH I Callahan. Jr.. 2545 North Shore Drive. #09-117-23 41 0003 - Withdrew request for reconsideration of the 1997 valuation. The Reconvened Board of Review will meet on May 13, 1996 at 6:30 p.m. as the Board must meet within 20 calendar days. Written Appeals Submitted: Jack Isaaman, 210 Big Island, #23-117-23 23 0034 Norma Jean Dickey, 4425 North Shore Drive, #07-117[23 34 0003 Bob and Barbara Ponzetti, 2545 Kelly Avenue, #20-117-23 11 0023 Ward E. Edwards, 2474 Carman Street, #20-117-23 12 0027 Michael See!ai*d or Warida W^eber, 2940 Sixth Avenue North, #21i-l 18-23 31 0001 Richard N. and Carol C. Flint, 1405 Sixth Avenue Neal., #35-118-23 22 0006 Gale Peterson, 1365 Tonkawa Road, #08-117-23 42 0004 Craig and Jennifer Lindell, 2655 North Shore Drive, #09-117-23 42 0001 Ron Bartz, 830 Windjammer Lane, #07-117-23 11 0009 David Vergeyle, 1485 Green Trees Road, #11-117-23 23 0011 Gary Ekiof/Cathy Lee, 1965 Eagerness Point Road, #18-117-23 14 0009 ADJOURNMENT The Board of Review adjourned at 9:06 p.m. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk 0,400 to the h lots ^000. ippear St for t meet COUNCIL MEETING 1 3 for council action DATE: May 10, 1996CtTYOFORONO ITEM NO.: U Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2088 Winfield Stephens, 3770 Bayside Road - Variances - Resolution Zoning District: LR-IA Lot area = 20,143.32 s.f. or .46 acres Application: The comprehensive application included a vacation of the 30' alley to the immediate west of the property and now the variance part of the application to allow renovation and additions to the existing structure. The City Council completed the vacation of the 30' alley at their February 12th meeting. Review Exhibit F, the County has given the entire 30 vacated alley to applicant for inclusion with the remaining parcels that make up the homestead. The proposed improvements of the existing residence require setback variances and a hardcover variance within the 250-500' setback area. The following ordinances are pertinent to this review: 1.Section 10.03, Subd. 14(C) - Review of structural coverage Total area = 20,143.32 s.f. Allowed = 3,021.5 s.f or 15% Proposed = 2,891.1 s.f. or 14.3% No variance required. Section 10.22, Subd. 2 - Review of hardcover A.0-75' = 0 B. C. 75-250' setback area = 15,237.82 s.f Existing = 913 s.f or 5.9% Allowed = 3,809.5 s.f. or 25% Proposed = 934.29 s.f. or 6.1% No variance required 250-500' setback area = 4,905.5 s.f Allowed = 1,471.7 s.f. or 30% Existing = 2,235 s.f (865 s.f residence, add 620 s.f detached garage and 750 s.f drive in alley) or 45.5% Proposed = 2,367.33 s.f. or 48.2% Variance = 895.63 s.f. or 18.2% rails railij^l RTHiWl rat]ramsQiixs %icti rasfnwi raiKS raililK railira (' Request for Council Action continued page 3 of 4 May 10, 19% Zoning File #2088 V M - Footprint of Residence N - Elevation O - Planning Commission Minutes 10/20/95 Brief Review of Application At the November 1995 meeting of the Planning Commission all consideration of variances for the redevelopment of this property were delayed until the vacation and acquisition of the additional area was resolved. 5,220 s.f. of the vacated alley has increased the area of the property to 20,143 s.f. Neighbors in attendance at the November meeting noted concern with the location of the detached garage that encroached the Landmark Drive outlot. Another neighboring property owner to the north was concerned that additions to the east of the structure would impact their 'dews especially since structure is located 3 1/2’ from the north lot line and their new structure had to meet the 50' setback. Applicant provided two options for development at the November meeting, refer to Exhibits H1&2. Option HI was the most preferred with the expansion to the south towards Bayside. Review Exhibit K, applicant and former owner have met with the Landmark Drive neighbors who have insisted that the existing detached garage be relocated or rebuilt so as to meet a minimum 15' setback. The Landmark Drive homeowners association president has contacted staff to confirm that they have approved the redevelopment plan as proposed by applicant. Planning Commission members asked staff to discuss the condition of the existing foundation and whether the north and west walls of the structure w'ere to remain. The building staff had confirmed that the north and west walls will be used for the new construction but that a support wall will be installed along the east side. Note applicant has extended the support wall 6' to the east. The building staff has advised that it was not necessary that the support wall be extended 6* but could be installed adjacent to the existing wall. The majority of the improvements have been extended to the south so as not to impact the views of the neighbor to the north. Excessive hardcover exists in tlie 250-500' setback area as both the driveway and major portion of detached garage are located within property and must be credited against hardcover for property (existing at 45.5 and proposed at 48.2%). Hardcover in this setback zone are more excessive because of the limited area. Note hardcover in the 75-250’ setback area is at 6.1%. Access to the site will continue to be via the private driveway along the north lot line, review Exhibit J. The majority of Planning Commission members (4 of the 5) felt the applicant had addressed many of the concerns raised by members and neighbors in attendance at the November meeting. They noted that structural coverage was under the 15% allowed for the property. The west side street setback has been improved from -2' to -3 ’ to 15' setback. The hardships were reviewed from the earlier November review as follows: Request for Council Action continued page 4 of 4 May 10, 1996 Zoning File #2088______________ 1.Triangular or unusual shape of property. 2.Property is surrounded by either roadways or driveways on all sides. 3.Property has been assessed and is served by sewer. 4.Desire of applicant to balance visual needs of property owner to the north and preserve lake views where neighbor has no legal claim as property is not a lakeshore lot. 5.Agreement with neighbors to west to maintain 15' setback from west lot line. The minority opinion felt the house was too ambitious and there should have been an attempt to reduce the setbacks further. The member noted it was not necessary to grant a variance to the 50' setback from Bayside Road for the roofed deck that could have been relocated out of the 50' setback area. Planning Commission Recommendation The Planning Commission recommended approval of the application as proposed subject to the ollowing conditions: 1.Applicant to provide a revised survey locating all approved hardcover improvements on survey and to provide an updated hardcover inventory upon application for a building permit. 2.Prior to filing a building permit application, applicant must apply for the legal combination of Lots 1, 2, 3, and 4, Otterville on Lake Minnetonka Minnesota with the vacated alley. COUNCIL ACTION REQUESTED: To either amend or approve the closed approval resolution 6 td a to O' O' A RESOLUTION GRANTING VARIANCES TO 1UMCIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 2 AND 10.23, SUBDIVISION 6 (B) FILE #2088 er 3n -al ith WHEREAS, Winfield R. Stephens (hereinafter "the applicant") is the owner of the property located at 3770 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 1. 2, 3. and 4, Ottoville on Lake Minnetonka, Minnesota, according to the record plat ihc'^eof, Hennepin County, Minnesota, ANI', tnat part of the alley adjacent to Lots 2 and 3 dedicated in that plat of Ottoville on Lake Minnetonka lying Southerly of the Westerly extension of the North line of said Lot 2 and Northerly of the Northwesterly right-of-way line of County Road 84 (AKA Bayside Road) according to the record plat thereof, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.23, Subdivision 6 (B) for additions and a second story to be constructed over the existing residence requiring a hardcover variance within the 250-500' setback area proposed at 48.2% where the code would allow 30% and the following setback variances: A.Side street setback variance (adjacent to Landmark Drive) F'.equired •= 50’ Existing - -2 to -3' Proposed = 15' Variance = 35' or 70% Page 1 of 6 B.Side setback (north lot line) Required = 30' Proposed = 3.5' Proposed attached garage = 27' Variance” 26.5' or 88.3% Tier of ")and record ttoville of said (AKA nesota. inicipal i and a within ind the Minnesota; 2. 3. Street setback (Bayside Road) Required = 50' Residence structure = 50' Roof deck = 45' Variance = 5' NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1,This application was reviewed as Zoning File #2088. The property is located in the LR-IA, Single Family Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of 20,143.32 s.f. or .46 acres. The Orono Planning Commission reviewed this application on April 15, 1996, and recommended approval of the variances as proposed based upon the following unique findings and hardships: A.The property is of an unusual triangular shape. B.The property is surrounded by either roadways or driveways on all sides. C.The property has been assessed and is served by sewer. Page 2 of 6 i "‘J »no, des. 4. 5. F. I. The applicant has been asked to consider the visual needs of the property owner to the north and has minimized expansion to the east thereby preserving lake views where homeowner would have no legal claim as the propcity to the north is not a lakeshore lot. Applicant has met with residents to the west and has entered into an agreement whereby an existing detached garage was to be removed and new construction was to meet a minimum 15' setback. Proposed structural improvements for this property will be held to 14.3% where the code would allow 15%. G.Total hardcover on this property is proposed at 3,301.6 s.f. or 16.3%. H.Hardcover in the 250-500' setback area e.xists at 45.5% and is proposed at 48.2%. The majority of area of this property is located within the 75-250' setback area. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessarv' to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the healtli, safety and welfare of the community. Page 3 of 6 3perty lereby lim as ito an ;d and 14.3% ^5-250' eculiar :t;that air nor merely /iate a stantial rit and igs and niments ety and CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings or hardships, the Orono City Council hereby approves variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.23, Subdivision 6 (B) to permit additions to the existing structure involving a second story and grants a hardcover variance within the 250-500’ setback area at 895.63 s.t. or 182%, a side street setback variance of 35’ or 70%, a north side setback variance ot 26 5 ’ or 88.3/o and a street setback variance of 5 ’ or 10%. Approval is subject to the following conditions: 1.Applicant shall have completed the legal combination of Lots I, 2, 3 and 4 of the Ottoville on Lake Minnetonka plat and the vacated alley prior to applying for a building permit for the new construction. 2.Upon application for a building permit, applicant shall provide an updated survey and hardcover inventory including all approved structural and nonstructural improvements. Applicants shall also provide a detailed grading plan showing existing and proposed contour. 3.Authorities granted by this variance run with the property not with the applic^t, 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 (May 13, 1997). 4 Violation of non-compliance with any of the terms and conditions of this resolution . constitute a violation of the zoning code, shall automatically terminate y authority granted herein, and shall be punishable as a misdemi 5 The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 \dopted by the Orono City Council on this 13th day of May, 1996. ATTEST. Dorothy M. Hallin, City Clerk Property Owner(s) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of May, 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 City. Notary Public Page 5 of 6 .Tvrt;—— STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. i NOTARY PUBLIC Page 6 of 6 pN C' CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S200.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 ^ * (no change from original application) Variance for non-conforming structures $200.00 After-the-Fact Fees (Double application fee) »*• »^ ithin [,and y^ithin tt,and PROPERTY INFORMATION * Site Address 3*710 KoA^ Property Identification Number (P.I.D.)_______________________ Attach legal description to application if not included on required surv’ey. Date Property Acquired__________ I (do) (do not) also own the adjacent parcels of land. Present use of property: residential ____other (specify) (month/year) Zoning District: APPLICANT /7 Phone (home)_____ Name Ij\) < h/^/LiA _______ Phone (work )9- Addressl^<g Cq^^T) P</C\\^:A)ap/£PU^a/Zip: 0>VNER (if (Afferent than, applicant) Name Address:^ fid DESCRIPTION OF REQUEST Describe request in detail:__________ Phone(home) Phone (work) City:MAJ Zip: Estimated Construction Cost $ (attach additional sheets if necessary) V.ARIANCES REQUIRED Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:___________________ .* I (attach additional sheets if necessary) • ; e REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1.___Completed Application Form 2.Certified Property Owners List of owners within 150’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 3.Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy SVz" x 11* for reproduction. 4.Topographic sutA'ey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8Vi ' .x 11 for reproduction. 5.Sketches or plans of floor & elevation views (provide one (1) copy 8'/i" x 11"). 6 List of the legal names (include marital stams) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 7.As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8.__Additional items as may be requested by City staff The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above infonnation has not been included. APPLICANT’S SIGNATURE . . ^ -r The applicant herebv aerees to provide all information required or requested by the Zorung Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of liis/her knowledge. Applicant ’s Signature Date OWNER’S SIGNAITJRE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. DateOwner’s Signature _____________________________ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Budding & Zoning Office of this change prior to the meeting. 8 r CERTinCATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Re-Notification of a Public Hearing concerning the matter of #2088, was mailed to the attached list. In Witness Whereof, I have hereunto set my hand and seal this 27th day of March, 1996. RUN DATE 10/2A/95BATCH 504PROD ADDROMNER NAMETAXPAYERNANE/AOOR cs^56 05-117-25 21 000505780 BAYSIOE ROC L t R J NICKtUNOCRAIG L t RENEE J HICKLUNO5780 DAYSIDE ROLONG LAKE HN 55556 HENNEPIN COUrmr PROPERTY INFORMATION SYSTEMPROPERTY OHNERS LIST58 05-117-25 21 001605700 DAYSIDE RDJ D MAUS A J E MAUSJAMES D A JOAN E MAUS5700 DAYSIDE RDLQIK: lake MN 55556 REPORT NO. PI45540IPAGE 658 05-117-25 21 002005750 \DAYSI0E ROJOHN A MARY JANE BURGER >T)CMRISTINE>A GARY VALERIUS ^5750 BAYSI^RDLONG LAKE MNn 55556 PROP ADDR ONNER NAME TAXPAYER NAME/AOOR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR 0NT4ER NAME TAXPAYER NAME/ADDR 58 05-117-25 22 OOlO 00055 LANDMARK DR 0 S PERKINS A P M PERKINS DANIEL S A PATRICE M PERKINS 55 LANDMARK DR ORONO MN 55556 58 05-117-25 22 0014 00185 LANDMARK OR R F A K A KYLE RICHARD F A KATHLEEN A KYLE 1140 TONKAHA RO LONG LAKE MN 55556 58 05-117-25 25 0057 00255 LANDMARK DR MARK L A KARENA S CASEY MARK L A KARENA S CASEY 4520 ENCHANTED OR MOUND MN 55564 58 05-117-25 24 0070 00058\ ADDRESS UNASSIGNEO J D MAlk A J E MAUS JAMES D V JOAr^ E MAUS 5700 BAYSIRE RD \) LONG LAKE 55556 58 05-117-25 22 0011 00175 LANDMARK OR L C HARREN A J M HARREN LEE C A JULIE M HARREN 175 LAflOMARK DR L0f4G LAKE MN 55356 58 05-117-25 25 0055 00058 ADDRESS UNASSIGNED DIANE EVANS ET AL MARK A CAREMA CASEY 255 LANDMARK DR OROfK) MN 55556 58 05-117-25 25 0058 05850 DAYSIDE RO P M MAOSOt4 A K F MADSON PAUL M A KAREN F MADSON 520 GEORGIA AVE N GOLDEN VALLEY MN 55427 58 05-117-25 24 0082 00058 ADDRESS UNASSIGNED DANIEL P CAHILL MRS DANIEL CAHILL 224 N 5TH ST 0ELAVAf4 HI 53115 58 05-117-25 22 0015 00058 \A0DRESS UNASSIGNED D S PERIONS A P M PERKINS ^ DAfUEL S \PATRICE M PERKINS 55 LANDMARiCsOR ORONO MN 5^56 58 05-117-25 25 0056 00058 ADDRESS UNASSIGNED LANDMARK DR HOMEONNERS ASSOC LANDMARK DR HOMEONNERS ASSOC C/0 LEE C HARREN 175 LANDMARK DR LONG LAKE MN 55556 58 05-117-25 24 0069 00058 ADDRESS UNASSIGNED J D MAUS \j E MAUS JAMES B A JOAN E MAUS 5700 BAYSIDENrD ^ LONG LAKE tfi \^5556 58 05-117-25 24 0100 00058^AODRESS UNASSIGNED SAC GARDINER STEVE GARDINER 255 GAME FARM RD N MAPLE PLAIN MN 55559 yy (T) k I PROP ADDR 0NT4ER NAME TAXPAYER NAME/ADDR 58 05-117-25 24 0101 05770 DAYSIDE RD SAC GARDIf4ER a'H STEVE GARDINER 255 GAME FARM RD N MAPLE PLAIN MN 55559 58 05-117-25 24 0102 00058 ADDRESS UNASSIGNED SAC GARDINER STEVE GARDINER 235 GAME FARM RD N MAPLE PLAIN MT^55559 58 05-117-25 24 0105 00058 ADDRESS U4ASSIGNED SAC GARDINER STEVE GARDINER 255 GAME FARM RD N MAPLE PLAIN Hi 55559 \ - -- R DATE . 0/26/95 BATCH 04 PROP A � R TAXPAY E/ADDR PROP ADDR R HE TAXPAYE NANE/ADDR �, OS 117-Z3 24 01 5 00038 ADORE I D H EP fORFEITE.D L CITY 0 ORA_I �GE & C 18-90 ST 38 05-1 Z 4 0 6 00038· A.DORE . ASSIGNED HE E'PIN FOR EIT DLA D CITY Of OR . C . YEO Z ✓8/8Z ST g· D 1 148 H EPIN C . rY PRO RTY I ORHATI p 0 RTY R LI T 38 05-17-2324 011103775 BAYSIDE RD 6 R CE ROI LETTE GERA D L ROHLETTE 3775 AVIDER L LAKE S 356 38 5-__ 7-. .. _00038 ADD.ESJOH & M RY JANE S1 CHRI· E & GAV VA R US 37 0 8 YS DE RD L L E 5535 C REP 0 o· T H 1 D F R T D D OT l TCH p -T NO G D 5 7 so ooo· J 0 7 .. . . . . tEPORT NO.PI4!^S401 PAGE 7 )115 IASSI6NED )LAND ^04 00023 RUE HE RECORDS I THE BEST •0^ '4V,g >.fv V* .\S 2 (iO) <2 PI CP LOT 53 (14)§ 9 ^ C=3m \<sei 'v-* (11) ? /3 5, (37 o» ?:5 85 (S’. :5)/VC'\ i.'5.15 oJ?5> (In) NS*:*44* iii*i '4c; C5 / c\J} sa^i*44* .6*i V V6) ‘?-5C *4 / v}^ 57^ C,** I 101)/-^I KV] V/ •TlO - li. S :(S) X - 6 sb»’® •. .‘ I ?3: -<3.- r d (3) <0J j4 N3S*40'# V-i' (13) 120 76 & (12) ?'^3, 4^ 1^ u’l t J vl 35 30r. OLT.CT 3 1^ ( i ?9) ^1 i (39) ^ -* ^ ^ 0?) V V t5 ' U •5 •-, 22 'f,\ 9 •./(III)! <fcV ( >05) ^ 1 (116) !4» 03 /X/^ 7 ^0^ i '35 ■*. 8 1 ?.5 15 /(115) ' !4 / ■. ■ ■ ■/— i 2 13/ /I? 6\ A 4 «•♦ •♦ i , ’'XEfffpL J •f ^ '3 ■••.!•■■ (118)^1 5 ^e 175 .•••. ;7S 1 15 /1 1«1 1</\ 2 1>••:-\3 1 iih ’iV/M 1 -nd p * ■- L. 11.*to e 6 , r 6* V* 1 ! 1 1 I 3i ■ c-: Cr (111 5T!. 22 5:?. ( 10)''i'?e7 ‘C \9o9 ‘CQ-f>p»C j* <. o j f — .r (14)7 u r» '•i.77 ?.‘ 1 (.5) 3 ii:.*5 •fi 7H / ( 15) 9 “■-■ 75CS.7 S' 60 / :Vfj, 56 (112) ( i?) .;v; 5*40'» . ' % (.\, iiO ?d j03.4?sJ^yit _/»(39)^ •.u u\ 12 *. 3/ •..* .*4 \|'(118)^ • 5 .•.*•’. 14/\2 ,‘"A’J.f.1 -nc / 10 e (j 7 6*Sk /7, Hardships 3770 Bayside Road, Orono I am requesting variances so as to obtain a building permit to expand the present 744 sq. ft. home located at 3770 Bayside Road. It is my understanding that 15% of the square footage may be used for building structure purposes. The allowable area for structure is 2358 sq.ft, based on the surveyed total of 15717 sq. ft. My request would not exceed 1913 sq.’ The requests for variances arise because of this irregular, triangular shaped lot and the location of the old home built only 4 ’ from the north property line. This 1/2 acre lot Is configured so that it is difficult to meet the present 2 acre standards. I would like to propose two options for expansion to the existing home. Option 1 would extend to the south and Option 2 to the east. Both scenarios would have simillar floor plans and elevations as those presented. Option 1 almost satisfies the 30’ setback from the north by 2’. However, by expanding this direction, two beautiful mature oak trees (2.5 ’ diameter) would have to be removed. Option 2, or east expansion would enable the trees to be saved but this addition would follow the same line as the old house and not comply within the 30’ setback. Option 2 allows for a better factual finding hardcover area. Option 2, as seen in the photograph would not restrict views from the neighbor to the north. His floor plan Is such that all windows are located on the east end of the residence. Both options are not located in the 0 to 75’ area and both would remain outside the 50’ setback from the north line of the highway ea sement. Both options would mean that the west boundary setback would remain at 20 ’, however I have requested a variance for vacation of the alley ( a 30’ wide strip to the west) and was told by Dennis Hill at Hennepin County that this parcel would be attached to Lots 2 and 3. Therefore, both options would met the west line requirements as well as improve tne hardcover requirements. My preference is for Option 2 as I would prefer to save the oaksand it would be better for the hardcover requirements. Thankyou. lar, tmg loth lose but tiply Duld way sand :sH CITY of ORONO RESOLUTION OF THE CITY COUNCIL MO 8671 A RESOLUTION V'ACATING an lhsimpromid alley within the plat of OTTOMLLE ON LAKE MINNETONKA IN THE CITY OF ORONO, IIEN'NEPIN COUNTY, MINTS'ESOTA FILE NO. 2088 WTIERE.\S, the Cit>- of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on October 31, 1995, Steven A. Gardiner (hereinafter the "applicant") filed a petition with the City of Orono requesting the vacation of an unimproved public rioht-of-wav adjacent to his property originally dedicated in the plat of Ottoville on Lake Minnetorica. Hennepin County. Minnesota in 1887 and legally described as follows: that pan of alley adjacent to Lots 2 and 3 dedicated in the plat of Ottoville on Lake Minnetonka lying southerly ot the westerly extension of north line of said Lot 2 and northerlv of the northwesterly right-of- way line of County Road 84 (AKA Bayside Road) according to the recorded plat thereof, Hennepin County, .Minnesota: and \VHEILE.AS, after due published and posted notice, public hearings were held before the City's Planning Commission on November 20, 1995 and January 16. 1996 regarding said vacation and all interested persons were given an opportunitv' to be heard: and WHERE.AS, after due standing and consideration, the Planning Commission recommended unanimous approval ot the proposed vacation; and WHERE.AS, the City Council of the City of Orono finds that said vacation as proposed is in keeping uftlr the public interest and in consideration of the following findings: 1.The right-of-way as it exists today will not ser\e for public road use based on the pattern of residential development and access to adjacent properties. 2.The unimproved right-of-way contains no municipal se\\er nor other utilities. Page 1 of 2 h d i purp B I CITY of ORONO RE O UTION OF HE CITY COUNCI 0 8 II r t LSCM. DlSCaaPTlOH , -- INQUIRY c Sb 103 PROPERTY ID 05 117 23 ym»T.T««T DKltXRQ YR ACREAGE ‘WUU.0WH50 tWM K/X « MAPU: PLXl** *0* S5359 ADH OTTOYIDI jD OK LAKD MIiniDTOKHA METES / BOUNDS DESCRIPTION INCL ADJ VAC ALLEY PAGE 1 next - 24 0102 ^MONIC 38 PLAT 42860 P’JICEL 1200 DIV STATUS j^i sifii. wavi va«v/ w,um. CONDMM #000 BLOCK PREVIOUS OWNER APPROX PARCEL SIZE S 130X135X95X45 TRAN DATES 03/12/96 10/20/94 12/14/92 ADDN date filed C2/OS/1887 A LEGAL description INFORMATION ^ thouiry codb 103 rnornriTV id SCH DST 278 WTRSHD 3 SWR EARLIEST DELINQ YR ACREAGE OWNER S & C GARDINER ?SoP ADDR 3770 BAYSIDE RD TAXPAV N/A 3TCVB OARDIHDR TAXFAl f ^ maple PLAIN MN 55359 ADN OTTOVILLE ON LAKE MINNETONKA metes / BOUNDS DESCRIPTION INCL ADJ VAC ALLEY 1 NEXT ■ roc C PLAT 42860 PARCEL 0800 VERF LEGAL lot 002 BLOCK PAGE Z4 0101 MUNIC 38 DIV STATUS LAST STAT CHG CONDMN # PREVIOUS o»mER APPROX PARCEL SIZE 50 X 160 TRAN DATES 03/12/96 10/20/94 12/14/92 ADDN DATE FILED 02/05/188 xyi AidBcOHd 03 NM5H 96&T-cX-=':?U Survey AREA: (Computed By AutoCAj) Total Lot Area = 20143.32 S.F.* House Areo == 865.12 S.F. Garage Area = 846.43 S.F. Driveway Area = 1233.76 S.F. Deck Area = 244.54 S.- Wood Step Area = 4i,.. Sr Retaining Wall Area -• .V S.F. Total Hardcover Area - 32^6.95 S.F. Existing Hardcover Percentage = 16.17% *To R/W line, not including land between R/W line ond Highway pavement. LEGAL DESCRIPTION OF RECORD: lots 1. 2. 3. and 4. OTTOVILLE ON LAKE MINNETONKA 'vey 6 o»o* By AuI oCAj) 20143.32 S.F.* ).12 S.F. 6.43 S.F. 233.76 S.F. 54 r. ■sr. a =.'S.F. rea ="235.95 S.F. Percentage =16.17% Setback Zone Zone Area Old Harsurface Area New Hardsurface Area —Allowg^lg. Arg^ T,Qtal 75°JLo 13188 913 (7%)1454 (11%) 3297 (25%) 250 tnsnn ?52q 865 (34%1 1081 (42%)------------758 (3Q^------------ Totals 15717 1778 2523 4055 Option 1 # ■?____ tnL 9 •J I including land between ighway pavement. r­,.. I . I Garage -- 2 Scale . 1 • = 40' 1778 2 ... We �, .,,,,,, -< ·-o �/ 5220 . o I o I ,,;; � / 4 3 7 7 O Bayside� Road Sea e: "= 40 i ru U X 1 %) 302 .49 q ' r u d.�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ( l 3 . 6 7%). 2 7 . n t. w·t�t b, h r , n :tt � .... n�p .!:' ................................ . / L , 0 I .l li, " · th.L! n Mr of t1 0 S , ·c:h djoi n of rud U/JO"-the �Mffl�n. OW; 0 0/ 1 0 r , h r of , I -.. L 0 '-118/'188 � ,U •• • ......... •••••••••• ••• • 4 .......... ··----�•·, • • .... ,. ................. ..... 111 •••• 0 0 · !) 0 0 ,. fo le, : -......................................... . ·o 's . h. ............... .... r .... ... .... .... .. '.. ........... . . ..... ... .......... ........ .. . ..... . ... .. ....... .. . . ............ �--······· .... ······ .............. ······ ..... . . . ......................... ··············· ........ . nt to n ihttS r a ov wri t n. ■JUI mm, IQ DU'ZHPeott • A/2, Al;:,=-- . l u 0 Hice nf l rlll tnlr of ,t r,· lllllC'SO 11n fort ,. thi� i11.•trum .f'11 �' n1 . l, .. ,, .\�cm" -· •-' .. ,--• ►f11• ..... - 81988 - ('" - . . � ' •••••- • -•IS b ....... O PPI 12: 37 8S lftd trlllk,.. �PROPERTY COUNTY MJNN MAR SO 1983 ..... ,. ll' ,,1.-,._ ". ,u., CJ4•_.,. • SK� �rd,�,,, ,.11013,t.�S)l� 'I,�,... < C"' .,,,,.. a 8 ii • () .:.. � iii • • � s: :��I •· ';\ 0 ... . �-' ... . � ; DI Q. ... : ... ... ; '9 a ..... \\· --:s r.• 0-�rr' � 0� .." .. 00 C1 rt :; It • . - f c...• 0 Cl to C: 11 , "1• CA rr • p Q. •�Cl. i^QREEMENT This Agreement is made this 9 9 6day of ^J^***^**^- -»i between Landmark Drive Homeowner's Association, 5 Minnesota non- profit corporation ("Landmark"), and Steven > G?rdiner and Carmen B.Gardiner ("Gardiners"). RECITALS 1.Landmark is the owner of Outlot D. Ba/side Landing, Hennepin County, Minnesota. This property was a part of the original pi of Ottv,ville on Lake Minnetonka, Hennepin County, Minnesota. 2.Gardiners are the owners of Lots 1, 2, 3 and 4, O^ttoville on Lake Minnetonka, Hennepin County, Minnesota, which lots Easterly of said Outlot D, Bayside Landing. 3 The plat of Ottoville on Lake Ml-.tecor.ka includes an alley located immediately Westerly of said Lots 2 and 3, located immediately Easterly of said Outlot D, now platted, and separating said Outlot D from said Lots 2 and 3, StLville. Gardiners' garage is located near said alley and encroaches slightly onto said Outlot D. The alley has not been used as an alley and appears -s an extension of the Gardiners' yird. 4 ardiners have requested the City of Orono to vacate the lilev Thr matter is schedule i to be heard by the Planning commission on January 16, 199 and by the City Council on January 22, 1996. 5.The parties desire to make certain agreements with regard to the property as stated below. AGREEMENT In consideration of the promises and covenants made herein, the parties agree as follows. 1.Both parties will support the vacation of the alley by the City of Orono. 2 Gard .ers, for themselves and for their successors in title, Igree that the garage now existing on the alley and encroaching A D shall be removed or remodelled not later than I 1917 so that it does not encroach onto said Outlet and wril be at least fifteen feet Easterly of the Easterly boundary of said Outlot D. 3.The entire interest and ownership in be in Garner® or its entire interest execute and delive ^ ® shall be prepared by in said alley to Gardi— ■ .vart leaal description usedGardiners, at their expense, when the exact legal aescr p by th^City in its vacation o£ the alley is known. IN WITNESS WHEREOF, The parties have executed this Agreement on the date set forth above. Landmark Drive Homeowner’s Association Steven A. Gardiner Carmen E. Gardiner 01069&ORSrt)RS2/C iWPWlN60VDATAiRBGAR0INEn ORSVAGREEMEN Be<koom **i S i3‘ Bedrooma Mrii«!H:|s: 0 ma iisat Open to ceiSng a n H \ \ a ©1 0 © kV.C. a 'is ----i 12 ’ -------------------29' 4---------- ---------------------------7*1.------------ Scale 1/8 ” : V Second Floor Plan A 11 y / '■■■''’iJr 1 a/ £. ✓ Sidewalk ___ i._.: /{ / Bath^ /Mud Pantry t- GARAGE ;i r \ irr^L^zzi: \Laundry Kitchen MASTER J________ Deck 21' 8" 37’ 2" ■y—: Office/ Bed Room Den VVV- \ Vo Covered Deck a N Vo Step down Family Room Hf. \ Covered Deck 1 \ Hardcover Actual House 2717.77 SidewaHc 111.19 Deck 173,33- Total 3002.29 Scale 1/8Vi: 3 “T T O Handcover Al 15% X 20937-3140.55 •i 111.19 ft: I 2717.77 ft W H. i: -ff Alt%' fJI 173.33 ft A :.3r._l£7E •F=r^—~ Bedroom a ___~1=^ / IV.C. r A- 01 i\: 1 4-inii- i :(ji: :i: h: i•; im:Is!u*- T" Open to ceiling a a /\ ■\ TT' 19' 1 i. South Elevation Escala 1/8";T Fast Elevation Escala 1/81: 11 B I I I ««V «# V •; i ••♦ f 9-9 * 9 *•■* / /- \ Wg.gt Elevation Escala 1/8" : M 0 ('t-t k ■■ (■ i'■( Ef .t r.- -i-“-,'..1*1 rr"" ^** rz --. 1T- t ;. i yy V.-' - ■..1 -•-•_.v v: /-i . y:^L . r*. \ .i:i- A \ •V, /T'/- •.' • \TV H i -t ~t -T-f- T ~T~T ~j~*l 1 '-•t l.J \ "rI r MTNl.TES OF THE ORONO PLAN'SLNG COMMlplON MEETING HELD ON NO\'EMBER 20. 1995 (.74 - .=20S5 Depannieni of Naiurai Resources - Conimueai Gaffron inquired about the construction schedule. Linnell said it would ne.\t §o ^ the Council in December. If no maior chanees were necessary-, the hnal clans be drafted in Januar>’ and February with bidding for early spring. Construction would begin in Mav and comcleted durina the summer. No formal action was required at this meeting. Wigen asked if a motion could be made on signage regarding trespassing. He was told these concerns would be addressed by Staff Lindquist asked that the comments be passed on to the Council. Peterson closed the public information meeting. (#5) M20S8 WINFIELD STEPHENS, 3770 BAYSIDE ROAD - VARIANCESA^ACATION OF PUBLIC ROAD - 9:06-9:35 P.M. The Certificate of Mailing and /Mfidavit of Publication were noted. The .Applicant was present. Mabusth reported that the application was for the vacation of a 30' alley and setback variances for maior additions to existing residence The nronertv is made uo ot 4 secarate parcels and involves an improvement plan. Existing on the property is a 1-1/2 story home with a uarauc that is located totally w ithin the 30’ alley. The improvement corisists of tw o options^, option U\ involves an addition to the south side and option #2, an addition to the east The Stall'memo was said to discuss the setbacks and hardcover tor the property. Peterson said there would appear to be no major concern as long as the applicant was able to acquire the alley. Mabusth advised from calls she received, it appeared that the adjacent o^ers may make claim to the alley. Mabusth said she had spoken with Dennis Hill at the County, who said the entire alley would probably be granted to the applicant as owner of lots - and 3. Mabusth said'she had spoken with Hill again after calls had been received from the neighbors, and he advised that the matter may have to be funher studied. Hill informed Mabusth if the neighbors pressed for a piece of the alley, these claims may e raise unng a required legal proceeding. Peterson asked if the application was not one step ahead of itself He asked if Staff was awaiting information on utilities. The City Engineer reported there were no sewer lines encroaching the alley, and there are no power poles. T1 (#5 - #2088 Winlield Stephens - Continued) . . . Gardiner and the new OAvner, Winfield Stephens, were Both the current o ^^suggested to minimize impact of variances with present.aments The vacation had also been recommended by Staff He said t LTw" X™r.oca,.d aeen,s .0 be pan of the la.o, and the entire detached garage is located within the alley. Peterson asked if the issue of the vacation was frivolous on the pan of the neighbors or »t Ubusth said she had just been made aware of-heu tntercsts, Peterson asked the applicant ,f he was aware that he would need to combine lots 1-4. Stephens said that was not an issue. alley. Peterson said the applicant could , ot prc^eed plans show garage remammg ,n alley Opt,on « “;s=:.■' inclusion of the additional area f.om the vacated alley Peterson asked the applicant what he would prefer. Stephens said he prefened^op.ion«^^^^^^^^^^ bLSf TnoteVtha, one of the trees was T in circumference and would be a shame to lose it. lir d^ruh t°;pro“ve an encroached of the 50' setback. She noted that we are dealing with limited building envelope. along the north lot line. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVENfflER 20, 1995 (#5 - #2088 Winfield Stephens - Continued) Christine Valerius reported that she owns the property they were reterring to and noted that the Wicklands use the drivewav but that there was no easement in favor of this property. She said she looked when she purchased the property and found no easement. Stephens reported on the attorneys who had searched the title and showed Valerius a copy of the easement. Peterson said there were other concerns with the garage encroachment and clean up of area to the west. Gardiner said a boat had been there and rubbish left by previous owner of Landmark property. Lindquist asked if any improvements involved the tearing down of the garage located on the alleyway. Stephens said he had no plans to do so Lindquist said he could not approve any improvements with the garage in that location if the vacation was not approved. Berg said it was important to make sure the easement exists. She added that she did not feel the Commission could proceed to approve any improvement without the alley vacation. Peterson agreed that this would be an integral part of the application. Peterson said he favored option #1 and the vacation and asked if the survey (1988) commented on the alley. Mabusth said there has been no new construction to require a new survey. Lindquist said the variance should be based on whether or not the vacation ic granted. He was not in favor of any tlirther encroachment of the west side yard. Smith commented that the addition was very aggressive and could not take a position w'ithout a decision on the allevway. There were no public comments. Gardiner remarked that the connection charge to City sewer was SI3,000 and would be a very expensive sewer for a 1 bedroom house. Gardiner said that is why it should be e.xpanded and noted that the neighbors had expanded The VVickslands commented that their lot was 1-1/2 acres, and they had to sacrifice a large tree in order to meet building setbacks. Stephens w'as asked if he planned on living in the house and was told he did. 13 \nNUTES OF THE ORONO PLANNING COMNUSSION ^ffiETING HELD ON NOVEMBER 20, 1995 (#5 - #2088 Winfield Stephens - Continued) Mabu^haskcdforPlanningCo — appUcant to proceed with the vacat.on of the alley, Gardiner said he had offered a neighbor S2.000 to consider the vacation but had received no reply. Gardiner asked if the Conmission would consider option #1. Berg asked w here the garage would go. Steohens asked if the vacation of the alley could no. be done, if the process could proceed Person std the garage would still need to be addressed Gardiner renrarked that he had purchased the propeny in 1982, and the garage was built before that time tindquis. moved. Smith seconded, to table Application .2088, Vote: Ayes 5, Nays 0. Peterson suggested the applicants put the burden on the neighbor to determine the driveway easement. The Certificate of Mailing and Affidavit of Publication were noted. The applicant was represented by Jack Neveaux. Mabusth said the application was for a homestead cnatnal subdivision application was fi^^ed m 1994 had al ° ^j, ^he 1/2 ,.-.el. The cur^nt JSirl.oIhe east contains Togo S? Sna now, according to Mabusth are two boarded up structures, one ;.ruc.u. e had been mmoved, and one rental untt structure. Mabusth reported that the applicant seet.s I O' LZteetlofirrdtSgdemct^^^^^^ no lakLhore decks proposed with new cons.ntctton plans. •14 CCXJNCIL MEETING 13 FOR COUNCIL ACTION MAY CTTYOFORONO DATE: May 9, 1996 ITEM NO.: Department Approval: Name Jeanne A. Mabusth Tltk Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2122 Karen Skoog/Tammy Christensen, 280/330 Tonka Avenue Subdivision of a Lot Line Rearrangement/Vacation of Public Road - Resolutions Zoning District: LR-IA A Skoog property (280 Tonka) Existing area = 12,500 s.f. or .29 acres Current lot line rearrangement and vacation = 23,750 s.f. or .55 acres B.Christensen property Existing area = 12,500 s.f. or .29 acres Area after lot line rearrangement and vacation = 18,750 s.f. or .43 acres Brief Review of Application At Ihe Jane 14 1993 meeting of the Council. Council conceptually approved (refer to Exhibit F) me subdivision and partial vacation of Hill Street along with the waiving of a sewer unit assessment against combined Utts 17 and 18. Refer to Exhibits G 18 were owned by James I’atrin and were assessed a sewer unit allowing for the eventua development of the substandard parcel, Skoogs and Christensens have jointly purchased me properw based on Council's conceptual approval of the proposal. Review Exhibit E, me applicants have formally requested the waiving of the sewer assessment. Review to Exhibit H, Skoogs, the owners of Lots 9 and 10, will acquire vacated Hill Street^ Lot ’ 8 Chri-tensens me owners of Lots 15 and 16, will acquire Lot 17. Upon approval of the Lbd'ivision, applicant ’s wiil be required to file the legal combination of the divided parcels along with the vacated right-of-way. Annlicants ’ sur\^eyor confirmed on May 8th that there were no utilities within the portion of Hill Street to be vacated. John Gerhardson has asked that a drainage and utility easement be taken over the southern 10’ of vacated Hill Street. This will allow the Skoogs adequate area to expand their residence without encroaching upon the easement. UMiiir«»iirtfj ^IFtWwji ira mwn iiitiiira RliMiVi ijiTiRifri WWiI Sid r%mws] MllUliUillMSj rirnii] mnm rairc w 3.The unimproved 40 foot right of way has been found to serve no future public purpose. NOW, THEREFORE, BE IT RESOLVED, that the petition of Karen S. Skoog and Tamera A. Christensen is hereby granted by the Council of the City of Orono and that the portion of the unimproved street legally described above is hereby vacated. The granting of the petition is subject to Philip and Karen S. Skoog granting a drainage & utility easement over the southerly 10 feet of vacated Hill Street and applying for the legal combination of the vacated right-of-way with their homestead parcel. Lots 9 and 10, Block 2, "Bayside Addition to Lake Minnetonka". Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on May 13, 1996. ATTEST; Dorothy M. Ilallin, City Clerk Edward J. Callahan, Jr., Mayor STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 13th day of May, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporatio* - id said instrument was executed on behalf of the City. Notary Public Page 2 of 2 A RESOLUTION APPROVING A DIVISION OF LOTS PREVIOUSLY COMBINED FOR TAX PURPOSES LOCATED AT 300 TONKA AVENUE FILE NO. 2122 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, die City Council has considered the application for a subdivision of a lot line rearrangement by Karen S. Skoog and Tamera A. Christensen (hereinafter "the subdividers") of properties legally described on the survey attached to this resolution as Parcels A and B (hereinafter "the property"); and WHEREAS, the subdividers have completed all requirements of the City for a Class I subdivision of properties legally combined for tax purposes for division and combination purposes. WHEREAS, the City Council has adopted Resolution No.vacating a part of Hill Street as shown and legally described on the survey attached to this resolution. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the Class I subdivision and combination of the above referenced properties for the subdi’ iders as shown on the Certificate of Survey by Mark S. Gronberg, a licensed survevor of Coffin and Gronberg, Inc., dated February 8, 1995, most revised date May 9, 1996, and attached to this resolution, subject to the following conditions: Page 1 of 3 1. 2. 3. 4. 5. 6. Upon approval of this division by the City Council, Philip A. Skoog and Karen S. Skoog shall apply to the City for the legal combination of the parcels described as Parcel A in the above referenced survey. Upon the approval of this division by the City Council, David W. Christensen and Tamera A. Christensen shall apply to the City for the legal combination of the parcels described in Parcel B in the above referenced survey. In approving the division and combination as proposed by subdividers, the Council hereby agrees to the waiving of the $12,000 sewer unit charge against combined Lots 17 and 18, Block 5, Bayside Addition to Lake Minnetonka (PID 05-117-23 14 0042). The aforesaid division as shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before November 13, 1996 together with a certified original copy of this resolution. The subdividers are hereby advised that in order to fulfill the intent of this subdivision, that additional documentation must be created to provide for the legal transfer of Fee Title and recording of easements. The approval granted by this resolution shall expire if the division 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. Page 2 of 3 Adopted by the City Council of Orono, Minnesota this 13th day May, 1996 ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan. Jr.. Mayor STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of May. 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 3 of 3 AA^erK -to / To: From: Date: Subject: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator April 3, 1996 #2122 Karen Skoog and Tammy Christensen, 280/330 Tonka Avenue - Subdivision of a Lot Line Rearrangement/Vacation of Public Road - Public Hearing Zoning District: LR-IA Skoog Property = 12,500 s f or .29 acres Christensen Property = 12,500 s f or .29 acres Adjusted areas after vacation and lot line rearrangement: Skoog Property = 23,750 s.f Christensen Property = 18,750 s f Application: The application involves a lot line rearrangement involving the division of two lots previously combined for tax purposes that have been assessed a sewer unit in the Stubbs Bay Sewer Project and the vacation of a 40' unimproved public right-of-way. Applicants also seek permission of the Council to waive the sewer unit assessment against combined undeveloped Lots 17 and 18. The following ordinances are pertinent to this review: 1.Section 10 12 - Vacation of public road. 2.Section 11.03, Subd. 2, Definition 65 and 66. 3 Section 11.10, Subd 10 - Class 1 subdivision-procedures. List of Exhibits A - Application for Subdivision B - Application for Vacation C - Plat Map D - Property Owners List E - Request by Applicant to Waive Sewer Unit Assessment for Lots 17 and 18 F - Council Minutes 6/14/93 G - Staff Sketch H - Subdivision/Vacation Survey A.Review of Application - Subdivision At the June 14, 1993 meeting of the Council, Council conceptually approved the proposed Zoning FUe #2122 April 3. 1996 Page 2 subdivision of a lot line rearrangement and vacation of Hill Street and the waiving of sewer unit assessment against combined Lots 17 and 18 Conceptual approval was based on applicants legally combining properties as shown on Exhibit H, surv'ey of the subdi\ision. Council approved the comprehensive application finding the proposal far more beneficial than collecting the $12,000 sewer unit charge with new residential construction on a 12,500 s f lot requiring multiple variances. As noted above, the lot line rearrangement will greatly increase the areas of the two properties. Note the 12' x 12' shed that already encroaches into Lot 17 of the former Patrin parcel (combined Lots 17 and 18). The Skoog house is located 10' from the south lot line adjacent to Hill Street right-of-way. The acquisition of Hill Street and Lot 18 will open up the building envelope should owners wish to expand on existing residence The Skoog and Christensen properties are connected to municipal sewer. Staff recommends approval of the lot line rearrangement involving the properties located at 280, 300 and 330 Tonka Avenue, subject to the condition that applicants apply for the legal combination of the parcels upon the filing of the approval resolutions for the vacation and subdivision. B.Review' of Application - Vacation Zoning FUe #2122 April 3, 1996 Page 3 After the June, 1993 meeting of the Council, staff sent letters out to the neighbors to the immediate east adjacent to the unimproved Hill Street right-of-way advising them of the propo sed vacation request by the Skoog and Christensen families The City has never been contacted by either landowner. Staff has encouraged the applicants to file for the partial vacation of Hill Street. Applicants were asked to have their surveyor locate any utilities within unimproved right-of- way. Review Exhibit H, note no utilities have been shown by the surveyor and yet the survey has been signed noting only that the boundaries of the properties and all structures have been • located. Staff will contact Mark Gronberg and ask him to complete the search for utilities. Staff will confirm at our meeting. John Gerhardson has asked that the Skoogs dedicate a 10 foot drainage and utilities easement through the vacated right-of-way for a future utility connection to Crestview Avenue to the east. Staff will attempt to locate the easement within a reasonable distance from the Skoog residence on Parcel A so as not to restrict future expansions of building envelope Staff Recommendation To approve the vacation petition of Karen Skoog and Tamera Christensen for partial vacation of 40' right-of-way of unimproved Hill Street, subject to the Skoogs deeding a 10' drainage and Zoning File #2122 April 3, 1996 Page 4 utility easement, the location of which shall be determined by the City, in addition to the granting of any utility easements over existing utilities that may encroach the vacated right-of- way. C.Waiving of Sewer Unit Assessment Council has conceptually approved the waiving of the sewer unit if applicants completed the subdivision and vacation as proposed Planning Commission members may wish to note support of the waiving of the sewer unit assessment although this matter can only be acted on by the Council r it ^ CITY OP ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION f}- Site 2SO Tonl^g.A^_3^0 ^ Property Identification Number (P.l.D.) —LIG——^2-(p ^|-j-3 Please check one - Property abstract or - - torrens?004; Attach legal description to application^ APPLICANT Phone fhome)4T2. Name KC>>N 1A.V ^CV^r-^^-&^«^Phone (work) A O go 4-V^rv^-^----- City^ OWNER (if different than applicant) Name Zip: Phone (home) <cx Phone (work) Address:_ _ _ ___ _ _ _ _y (attach list xt more than one) City:Zip: EXISTING LAND USE Number of Tax Parcels 5 Development Size Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check)Residential; no. of units Other (specify)_ _ _ _ _ _ _ Present Zoning District PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites:Existing Units New Units Total Units Proposed Gross Density: Minimim Lot Size: Proposed Use: (check) Units per _ _ Acres Sq Feet Dry Buildable Land Residential ’ Other (specify) O04d ind t APPLICATIONo* Plat information on Certificate of Survey.3.Certified Property Owners List of owners within 350' (you must obtain 348-3271?.^^°”* Hennepin County Department of Finance A-603 Govt Center4.As an addendum to this application, please attach a separate list ofany other persons you wish notified of this application.^ ^ ^Department that Preliminary Plat Application is Zoning Official's Signature Date Payment of fees (park fees, filing fee, sewer 3.' ?itle^opi^io““‘®°r"«^l«'co;i;ro?"lo™a!''p?lt!“"'®''‘®’‘ 4.Easements, Covenants, etc. 5.Developers Agreement and Letter of Credit. ?oninfSffiSa!-s''§ii^ltS?r’'''"'®"’^Application is complete.Date PEES Sketch Plan Review (Class I, ll & m) Subdivision of a Lot Line Rearrangement Preliminary Review (Class I & ll Subdivision) Preliminary Review (Class III & a lx non-residential) Final Plat Review (Class III) *(Plus any legal or engineering charges) Renewal of Preliminary Subdivision Application Renewal of Final Subdivision Application $200.00 300.00 300.00 325.00 + 25.00/Lot 175.00 150.00 100.00 provide all informa^I7n’requir'ed'’or !S^Co^Iis%\VTnd"^CoS further agrees to pay all additional fees established by ordinance. Applicant's Signa tur^-, i Date Owner's Signature Date a-B*—Ln submittals into the City offices 25 days before the 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 apolicant is aphorized a scheduled meeting, please make arrangements ^o ha^e an Offic^of i-hH advise the Building & Zoningurrice of this change prior to the meeting.^ 1st obtain >vt Centere list of TY OP ORONO - GENERAL LAND USB APPLICATION ^_ _ _ _ _ _ _ _W ^r, IjProperty Identification Number (P.I.D.)~ /17 -| ^ OCj~2_17PROPERTY LOCATION Site Address C)\'\NC-ocationissments). complete . .00 + 3/Lot .00 .00 .00 lired or ttorney, tion and 5^ fore the d on the :heduled leant is have an & Zoning Please attach legal description to application if not included on required survey.APPLICANT Name Phone (home) _Phone (work)_^ Address '2i^n >4' OWNER (if different than applicant) Name Address L. City Zips^^_^_[^ Phone (home) Phone City Zip Property Acquired _ ___ _ _ _ _ _ _ _ _ _ __(month/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - - - - - $ 50.00 For each variance request with CUP apolication Ciiy fif _ _ _ _ $125.00 Residential accessory Use - - - - $175.00 Institutional (church, school, et _ _ _ _ $150.00 Guest House/Guest Apartments _ _ _ _ $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration 02/29/% 17:06:10 LAND USE flPPLICflTIQN . 1 9 550.00*2122 KflflEN SK0G6 1 *0.00 SUBTOTALTAX TOTAL SALE RECEIVED CHANEE 550.00 0.00 550.00 450.00 0.00_ _ Grading and filling - designated wet -----Grading and filling - 101 cu. yd. oxCLERKI 03 TRANS# 1014 - -Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule Renewal Fee - $100.00 (no change from original application) After-the-Fact Fee — Double Current Application Fee OTHER APPLICATIONS Commercial Site Plan Review (+ consultant fees) _ $250.00 Vacation _ $175.00 Easement Vacation _ f 75.00 Easement Vacation With Subdivision — $300.00 Rezoning (PUD — refer to fee schedule) _ $300.00 Comprehensive Plan Amendment _ $100.00 Appeals _ Other “ see fee schedule (16)(13)p*m OP lot sr••••••••••••••••••••A (II)V586 ( 15)••I133(49)2341,88 3??)K114.5 100 ra.^5 (4)VO(17)e*!> * ><.2^ 1 169.\2\"to ?5169.I?5 (3)2Zb.Ti / / a-/9*4» 4l .1.): 20 fCG----R0-^^^';n (12) / S *: 1 ^,a^^(23L R-<r sR 3;( 50)99 \ 5 9R ' 6 9 R t (28)9 9 \ e 9 *^'^(29)9 ^4 ^ ^9 R CM)'-9 jgajh«OOv ST gQoW 16 K ^ 1 k K__^_________w_______^ ^ ' sa'>'a 5(^a , '32a 2u>««:(») »3 5(22)«a 'i II a ^ 6 »^ (23) R l6a (27) a ^ (24) ^ <3(26)9 a 125.25 O *(25)SCl?3. 33 125-25(12)^2b,2b -MILL (UHDCVELQPcDV-ST / 9’ 10 S ‘0 r MW A ^i■^■r ,;;r»i 2 \ (30)9. (41)R ^ <5^ (40)9 9 V» (31) R (%)5R« 5 nR :?i. 55 KITSTTS . „ ^ «2r « (52) X*;9 (33)T 5^ i?S25 CAST :, X6;....- ,. TTs^ 50 ; 50 j 50 : 50 : 44 ; 50 {39)j(38);(40V.(36)j;<35);(32) *T 5 \ ---------- 93 _ (37)* P(43) Q 3 (56)P 9. .'(57) S 15? 1 (58) ;AVSI!&E H5 I? y io:i 4 I 29^ 5 msi0€—m 132 11 57 73 m w a a ^...—V rO ?o PAPT 17 (8) • • O O X *.'» ►- OP LOT 16 (5) ^.....]2\......^*,.75 13? ■fee XE> ‘ N0--64^933.25 N69*4?* *f*w ioe.9T Nd9-44:' iy« {22) 26:. 2^ RUN DATE Oa/24/95 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEMPROPERTY OWNERS LISTBATCH 517 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 05-117-23 1^ 0009 00270 CRESTVIEH AVE DOUGLAS L NASH ET AL DOUGLAS A SHIRLEY NASH 270 CRESTVIEW AVE LONG LAKE MN 55356 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 05-117-23 1<» 0017 00038 ADDRESS UNASSIGNEO DOUGLAS L NASH ET AL DOUGLAS A SHIRLEY NASH 270 CRESTVIEW AVE LONG LAKE MN 55356 38 05-117-23 19 0010 00038 ADDRESS UNASSIGNED DOUGLAS L NASH ET AL DOUGLAS A SHIRLEY NASH 270 CRESTVIEW AVE LONG LAKE MN 55356 38 05-117-23 19 0018 00290 CRESTVIEW AVE PATTY L CLAPP PATTY L CLAPP 290 CRESTVIEW AVE LONG LAKE KN 55356 REPORT NO. PI935901PAGE 5758 05-117-23 13 0012 38 05-117-23 13 0013 38 05-117-23 13 0023PROP AOOR 03920 DAYSIDE RD 03990 BAYSIDE RD 00225 TONKA AVE(MCR NAME RAH ANDERSON T M ZIESMER AMT ZIESMER CAROLE J HALSHTAXPAYERROBERT F A HENOY S ANDERSON TODD M A MARIE T ZIESMER CAROLE J HALSHNAME/ADDR 3920 BAYSIDE RO 3990 BAYSIDE RO 225 TONKA AVE«LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 13 0028 38 05-117-23 13 0029 38 05-117-23 13 0030 PROP AOOR 00295 TONKA AVE 00038 ADDRESS UNASSIGNED 03900 BAYSIDE RD OWNER NAME H A R SCHMITZ ESTHER M AJDISON DAS ESTERS TAXPAYER HENRY A ROSIE SCHMITZ ESTHER M ADDISON DANIEL I SANDRA ESTERS NAME/AODR 295 TONKA AVE 3382 BAYSIDE RD 3900 BAYSIDE RO < LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 f '..f} f*S T- 1.» 38 05-117-23 13 0092 38 05-117-23 13 0093 38 05-117-23 13 0099 1 PROP ADDR 03969 EASTLAKE ST 03999 EASTLAKE ST 03929 EASTLAKE ST •V *• .‘ K OWNER NAME MAN HU4SLEY D A MONGE ANA MONGE T E RADKE A M A RADKE /'•l J TAXPAYER MARK A HUNSLEY DEAN A A NANCY A MONGE THOMAS E A MARGARET A RADKE \ ••/ NAME/ADDR 3969 E LAKE ST 3999 EAST LAKE ST S 3929 EASTLAKE ST LONG LAKE MN 55356 LONG LAKE MN 55356 •LONG LAKE m 55356 : 38 05-117-23 13 0096 38 05-117-23 13 0050 38 05-117-23 19 0008 • •PROP ADDR 00038 ADDRESS UNASSIGNED 00295 TONKA AVE 03310 B\YSIDE RD OWNER NAME D A M0N6E ANA MONGE MARY KAY MCCARTY J H HOJCir A K L HOJCIK % TAXPAYER DEAN A A NAtCY A MONGE MARY MCCARTY JOHN H NOJCIK 6 KIT L NOJCIK 1 • t 9 ••• NAME/AODR 3949 E LAKE ST S 295 TONKA AVE 5310 BAYSIDE RO LUNG LAKE Ht4 55356 LONG LAKE MN 55356 LAKE LAKE MN 55556 ••• L* 38 05-117-23 19 0011 00038 ADDRESS UNASSIGNED DOUGLAS L NASH ET AL DOUGLAS A SHIRLEY NASH 270 CRESTVIEW AVE LONG LAKE MN 55356 k:kJ 38 05-117-23 19 0019 00235 CRESTVIEH AVE S T ANDERSON A C ANDERSON S T ANDERSON A C ANDERSON 235 CRESTVIEH AVE LONG LAKE MN 55356 o mm DAT! oa4i4/«BATCN S17raOP AMRQNNEII KAMETAXPAYEIINAHE/AOOR PROP ADOR CMIER NAME TA>7AYCR NAME/AODR PROP ADDR OlfCR NAME TAXPAYER NAME/AODR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR ONMER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR Sa 05-117-23 lA 002000245 CRESTVIEN AVEDOUGLAS J RORZENDORFERDOUGLAS J RORZENDORFER245 CRESTVIEN AVElONG LARE MN 55354 38 05-117-23 14 0023 00275 CRESTVIEN AVE HAROLD R HANSON ETAL HAROLD R HANSON 275 CRESTVIEN AVE LONG LAKE MN 55356 38 05-117-23 14 0026 00280 TONKA AVE PAR SROOG PHILIP A A KAREN S SKOOG 280 TONKA AVE LONG LAKE MN 55356 38 05-117-23 14 0029 00230 TONKA AVE S A OLSON AKA OLSON STEVEN A A KELLY A OLSON 230 TONKA AVE LONG LAKE MN 55356 38 05-117-23 14 0033 00038 ADDRESS UNASSIGNED BERT L ADDISON ETAL MRS A L ADDISON 3382 BAYSIOE RO LONG LAKE MN 55356 38 05-117-23 14 0036 00038 ADDRESS UNASSIGfiED ESTHER M ADDISON MRS A L ADDISON 3382 BAYSIDE RD LONG LAKE MN S5356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEMPROPERTY OHNERS LIST38 05-117-23 14 002100255CRESTVIEN AVEMICHAEL L MCCALLMICHAEL L MCCALL5346 PIPER ROORONO MN 55356 38 05-117-23 14 0024 00285 CRESTVIEN AVE C MOSLEY JR A S M MOSLEY CURTIS JR A SHANNON MOSLEY 285 CRESTVIEN AVE LONG LAKE MN 55356 38 05-117-23 14 0027 00280 TONKA AVE PAR SKOOG PHILIP A A KAREN S SKOOG 280 TONKA AVE LONG LAKE MN 55356 38 05-117-23 14 0030 00315 CRESTVIEN AVE D S A J H PLAISTED DAVID S A JOY H PLAISTED 315 CRESTVIEN AVE LONG LAKE MN 55356 38 05-117-23 14 0034 00038 ADDRESS UNASSIGNED ESTHER M ADDISON MRS A L ADDISON 3382 BAYSIDE RO LONG LAKE MN 55356 38 05-117-23 14 0039 00340 TONKA AVE BARBARA M CARLSON BRAD D PETERSON 340 TONKA AVE LONG LAKE MN 55356 REPORT NO. PI435401PAGE38 05-117-23 14 002200265 CRESTVIEN AVEL E BARFKNECHT A J C MORGANL E BARFKNECHT A J C MORGAN265 CRESTVIEN AVELONG LARE MN 55356 38 05-117-23 14 0025 00285 CRESTVIEN AVE C MOSLEY JR A S M MOSLEY CURTIS JR A SHANNON MOSLEY 285 CRESTVIEN AVE LONG LAKE MN 55356 38 05-117-23 14 0028 00250 TONKA AVE GERALD L BRIGGS GERALD L BRIGGS 250 TONKA AV LONG LAKE ^94 55356 P’. • ►V ^V \! 5 ( cv iA 0 \ i'. ' y 38 05-117-i5 14 0031 ^ 0032S CRESTVIEN AVE T ABNIM OR ■ VCTCRAMS APf AIRS W'l LLIfl IV> L SaUl \/Ctyi HILLIAM SULLIVAN 3126 S8TH ST E flO HPLS MN 55417 38 05-117-23 14 0035 03382 BAYSIOE RO A L ADDISON ETAL HRS A L ADDISON 3382 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0040 00330 TONKA AVE L L ANDERSON ASA ANDERSON DAVID CHRISTENSEN 330 TONKA AVE LONG LAKE m 55356 mm MTt 0t/24/f5BATCH S17PROP ADOROMCR mmTAXPAYERHRHE/AOOR PROP AMR OHNER NAME TAXPAYER NAME/ADDR PROP AODR ONNER NAME TAXPAYER NAME/AODR HENNEPIN COUNTY PROPERTY 1NFORMATIC3N SYSTEMPROPERTY ONNERS LISTM0S-117-2S 14 004100120 TONKA AVEL L ANDERSON I S A ANDERSONDAVID CHRISTENSENS20 TONKA AVELONQ LAKE MN 55156 la 05-117-23 14 0052 03390 BAYSIOE RD ROOT H A BARBARA HUBER ET AL ROBERT A BARBARA HUBER 339.^ BAYSIDE RD LONG LAKE MN 55356 3B 05-117-23 14 0057 00350 CRESTVIEH AVE ROSE M MADDEN ROSE M MADDEN 350 CRESTVIEH AVE LONG LAKE m 55356 REPORT NO. PI435401PAGE 5938 05-117-23 14 004200300 TONKA AVEP A SK006 A D N CHRISTENSENPHILIP A SK006280 TONKA AVEORONO MN 55356 38 05-117-23 14 004300300CRESTVIEH AVESTEVEN R BEYERSTEVEN R BEYER300 CRESTVIEH AVE SLONG LAKE M4 55356 iA®''-'A. '^ t* 38 05-117-23 14 0055 00240 CRESTVIEH AVE JEFFREY S MELBY JEFFREY S MELBY 240 CRESTVIEH AVE LONG LAKE MN 55356 38 05-117-23 14 0056 00320 CRESTVIEH AVE JOHN F LEHMEYER JO»IN F LEHMEYER 320 CRESTVIEH AVE LONG LAKE MN 55356 i <:■1 38 05-117-23 14 0058 03300 BAYSIDE RO M S OkNAT A L J ORNAT MS ORNAT A L J ORNAT 3300 BAYSIDE RD LONG LAKE MN 55356 TOTAL BATCH if. v^. I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNONLEOGE AND BELIEF., DATE I *•--iss; ?•» ; I .'j . * **\ O ’; (2ijh^j AX> . Xf O Crv / - iu .;>4pp l-''^fJuJ h^U\^cX>i^ lo^^n ^ ^Locl luvx^ci- iij^ --L^ Th H uzru i 3 f HINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 14, 1993 (t14) 300 TONKA AVENUE - CONCEPTUAL REQUEST FOR SUBDIVISION/DROP UNIT Dave Christensen was present. Gaffron explained the applicant and his neighbor propose the vacation of Hill Street and splitting of 2 vacant lots, to be combined with their respective properties. They also request that the sewer unit for the vacant lots be dropped. Ail members agreed the concept is a good idea. MAYOR/COUNCIL REPORT A)Hurr reported she has been working with Marge Gasch on amenities for the new City Hall. A banner Is proposed made out of fabric to hang above the entrance in the Administration buiIding, and the Historical Society is arranging pictures to be hung. There has been discussion regarding on-going displays from either the schools or Art Center. They have discussed using the brick wall in the Council Chambers for name plates to honor Mayors of the City and citizens. It is hoped some of the items will be In place for the open house. Kelley said he thought the ideas were great and did not have the time to dedicate to make them happen, but trusted Hurr to use her discretion. Hurr asked that staff arrange for a fire truck and police car to be avallable for chiIdren to view at the open house. B)Goetten reported she and Murr attended the League of Minnesota Cities’ conference in St. Cloud, at which she also gave a presentation regarding the process they went through obtaining the City Hall. The subject was controversial Issues. C)Kelley reported he and Moorse met with representatives of the Fire Department to go over the budget. He explained a large portion of the budget goes to the firemen for making calls, but that pay is based on the number of calls made, which fluctuates. Historically, if the amount budgeted was inadequate, Long La e would pay the difference until the following year.nave discussed ways in which Orono could help offset this unbalance. Moorse Is working on a draft of the 1994 fire service contract, to be reviewed early July. I I I ( ' ( ----- - J I . 2 _.J 1 /I -------�,,-------....-.. -' ,.------------- '' If I 0 I CERTIFICATE OF SURVEY FOR. PHILIP SKOOG & DAVID CHRISTENSEN IN BLOCKS 2 & 5. "BAYSIDE ADDITION TO L^KE MINNETONKA” HENNEPIN COUNTY, MINNESOTA •t I f sI strut l?SK ...I —•4..........••mm T s */•*. \ I'..- ^ / Ekisfi/)^ ■ ■V I 157? RM^ca PROfOSU> Hill (net 7D BE VACATED • #•” I •• .* <sX.c |2 N«»*4*V ^ I2S2S / rv*' /1/ § Street S9f4f£>25 ?S -imtinj « iILl p, ^*1" ■-B itirt7* i4.rr. SW’^Mi I » .............Existing > *L Wtowe ■ t I*;: N8r4rw 'I ;*?• • •• I 125 25 o Si ••* • ** • OesCNB>tY MAWNtY ifVSION OATl iwsciunxiN 0 /• Tff ffg^^rmat 4^^fr 44StS 1 /# * Tvrz”^sfJfmW HJAS CM* ft ' ttMfW 2Gf7F n^wa cJtTTrwiJTfv EXISTING LEGAl DESCRIPTION*; • PHILIP SKOnr. Lots 9 and 10. Block 2, "Bayslde Addition to Lake Nlnnotonko* DAVID CHRISTTNSFN Lots IS and 16. Block 5. “Bayside Addition to Lake Hinnetonki PROPOSED LLGAL DESCBIPTinw*; ■ SKOOG PARCEL. PARCEL A trL%kVS?n:°ioSi:^^hl?tVrltl rit‘id “" :nd^l{*f.n^'l-'rsl?d' CHRISTENSEN PARCEL, PARCFI B ull Addition to o: denotes Iron marker set •: denotes Iron marker found Bearings shown are based upon an assumed datum. intends to show the boundaries of the above and the location of too sheds thPrpnn''lf^H° '*'*^'''9 garages, and two existingfmp*** thereon, it does not purport to show any other improvements or encroachments. COFFIN & GRONBERG. INP G»is((//m\’ Lii\:iiuvr<. huui ^hnyi/ors. Site nvwcr> Lake, MN 55356 612-173-4141 " I hvuM ti'flilv lh.it ihiv >un cv was pi, p,.r,-J In- me w umlrt my Jim i %unrr- I^m. jihI ilul I am a .lull i. »;iil<'ti'J Cml EnKimTi and LanJ Survrviw under Ihf laws it( ihtf Sjuff III Minn«‘Mi|j NUfk S CfimbriK Mm»k h»u Uvnse Number 127^ V OOUNCI. MEETING MAY 1 ^ 1S96 FOR COUNCIL ACTION OrtOFORONO DATE: May 7, 1996 ITEM NO.: Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2124 John P. Earling, 2165 Colin Drive - Variances - Resolution Zoning District:RR-IB Lot area = 2 acres Application: Applicant has applied for setback variances to permit construction of an 18' x 30' detached garage to be located in the street yard placed approximately 50' in front of the residence. The structure will be located 10' from Outlot C, undeveloped extension road connecting with Devin Lane to the west. The structure will be used to house applicant's boat and yard maintenance equipment. The following ordinances are pertinent for this review: 1.Section 10.03, Subd. 9 (D) - Variance for structure placed in front of the front line of the principal structure. 2.Section 10.28, Subd. 5 (B) - 50' minimum setback required for all structures from street lot line. Required = 50' Proposed = 10' (Outlot C, future road e.xtension) Variance = 40' or 80% Brief Review of Application Please refer to the enclosed staff memo dated April 2, 1996 and the minutes of the Planning Commission meeting of April 15 for more detail and background on this review. Applicant claims that the 18' x 30’ detached garage will have a negligible impact on the most affected residence to the north because of the sloping topography and existing line of trees. Doors will not face out onto Ouiioi C or extension road outlot but will open to the east. Access to the garage will be via the existing cul-de-sac located 50+' from structure. Applicant advised the Planning Commission that he would agree to planting evergreen shrubs or trees on the north and west side of structure providing year-round screening. Refer to Exhibits F and J, applicant ’s hardship statement notes the location of the well to the immediate east of the existing detached garage, the location of mature trees within the east side yard and the sloping topography restricts adding an additional stall to the attached garage. The Request for Council Action continued Page 2 May 7. 19% Zoning File #2124 John P. Earling, 2165 Colin Drive more severe sloping topographies to the west and to the south of the propert> also restrict placement. Applicant noted the view windows to the west and south would be impacted by stru cture and the entire yard impacted by development of an access drive from cul-de-sac to serve structure. The structure will be used to store applicant's boat and yard maintenance equipment. The garage/storage structure will be 15’ - 16' at peak height and the exterior will be constructed of similar materials as the existing residence. The City has received no negative comments from neighbors to the immediate north or east. There was no person in attendance at the meeting to comment on the variance application. Planning Commission Recommendation Four of the five member Planning Commission recommended approval of the application as proposed and conditioned approval on applicant planting evergreens along the north and west side of structure. The minority opinion objected to the 10' setback feeling it could be improved finding the placement of the structure in the front yard objectionable and questioned why other areas of the property could not be considered. COUNCIL ACTION REQUESTED: To either deny, adopt or amend the enclosed approval resolution. An approval resolution has been drafted per the findings and conditions of the Planning Commission recommendation. J y A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) AND SECTION 10.28, SUBDIVISION 5 (B) FILE NO. 2124 WHEREAS, John P. Earling (hereinafter "the applicant") is the owner of the property located at 2165 Colin Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 2, Kelley Green, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit construction of a detached garage located 50’ in front of the front line of the residence where the Code would require placement at the front line or behind residence structure. The structure will be located 10' from an unimproved road outlot where Code would require 50'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File ^2124. The property is located in the RR-IB, Single Family Rural Residential Zoning District requiring two acres in area. The property consists of two-plus acres. 3.The Orono Planning Commission reviewed this application on April 15, 1996 and recommended approval of the variances as proposed based upon the foliowing unique findings and hardships: Page 1 of 5 >’•I 4. 5. A.The location of the well at the east side of the detached garage, location of mature plantings within east yard and sloping topography prohibit installation of a third stall. B.Sloping topography to west and south restrict placement in west side yard and south rear yard. C.The location of plantings and sloping topography in northwest front yard minimizes visual impact of 15' - 16' high structure upon residence to immediate north. D.18' X 30' detached garage will be constructed of the same exterior material used in principal structure. E.The City has received no negative comments from residents within the Kelley Green subdivision nor of residential property owners to west of the property. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary' to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City, The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 k CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings and hardships, the Orono City Council hereby grants a 40' setback variance per Municipal Zoning Code Section 10.28, Subdivision 5 (B) and per Section 10.03, Subd. 9 (D) approves the placement of the detached structure within the front/street yard 50 ’ in front of the front line of the residence, subject to the following conditions: 1.Applicant to provide a planting schedule upon application for building pennit specifying location and type of evergreen to be planted along north and west side of structure. 2.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 13, 1997). 3.Violation of or non-complianv.e with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title ol the property. Page 3 of 5 It' Adopted by the City Council of the City of Oronc, Minnesota at a regular meeting held on the 13th day of May, 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 13th day of May, 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 e.xecuted on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199___, before me a Notary Public within and for said County, personally appeared______________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199___, before me a Notary Public within and for said County, personally appeared______________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 To: From: Date: m ^ej^o ' o Chair Peteison and Orono Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth. Building & Zoning Administrator April 2, 1996 ce. 7 Subject:#2124 John P. Earling, 2165 Colin Drive - Variances - Public Hearing Zoning District: RR-IB Lot area = 2 acres Brief Review of Application The applicant has applied for setback variances to permit the construction of an 18' x 24' detached garage to be located in the street yard in front of the front line of the principal structure. The structure will meet the required street setback from the developed cul-de-sac road but does not meet the required 50' setback from the extension outlot road, Outlot C. The following ordinances are pertinent for this review; 1.Section 10.03, Subd. 9 (D) - The structure is placed 50' in front of the front line of the principal structure. Section 10.28, Subd. 5 (B) - 50' minimum setback required for all structures from street lot line. Required = 50' Proposed = 50' from developed cul-de-sac road Proposed = 10' Outlot C, future road extension Variance = 40' or 80% List of Exhibits A -Application B - Plat Map C - Property Owners' List D -Hardship Statement E - Sur\ey F - Proposed Site Plan G - Elc\a'ions H -Floor Plan I - Septic Map J - Topographic Map Zoning File #2124 April 2, 1996 Page 2 Description of Request The residence was constructed in 1986 and meets all required setbacks of the RR-IB zoning district. Applicant now seeks to install a detached garage within the street yard requiring setback variances as noted above. Review Exhibit D, applicant's hardship statement. He notes specific site limitations such as the location of well to the east side of existing attached garage restricting garage addition at the east. The internal layout of the residence would not aesthetically permit an addition to the west side. Applicant notes the uniqueness of the area and the fact that the residence is located at the end of a cul-de-sac road that abuts another cul- de-sac road to the west. There are no adjacent homes that will receive negative impact with the proposed location of the detached garage as structure will be placed on a dovMt slope at lower elevations from residence to the immediate east. Applicant notes existing wooded area and additional plantings adjacent to the structure will also minimize the impact. Issues for Consideration 1.An 18' X 24' garage addition could be attached at the east side and meet the required 30' side setback. Is the location of the well a hardship? 2.Should we distinguish between the required 50' setback from developed Colin Drive and future extension of road Outlot C? Should the detached garage be moved 40’ further south or maintain minimum 30' setback from outlot? Note garage doors will open to side (east) and not to future extension road (north). Staff has received no written comments from adjacent neighbors but statT did receive a call from another resident advised of the proposed variances. The resident questioned why the detached garage could not meet the required setback and if this wasn't a negative precedent to establish in the area. Options of Action To approve as proposed, as amended or to deny 1. 2. REQUIRED SUBMITTALS All of the following information must be submitted bvthe application deadline date in order for vQur application to be considered complete: '!! Completed Application Form V Certified Propert>' Owners List of owners within 150’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, .Govt Center, 348-3271). Sj Certificate of Sur\ey (signed by a licensed surv’eyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/^" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'A” x 11" tor reproduction. 3. 4. j are proposea. in auuuiuu, j^iuviuc uuc \i} ----------^ 5.Y Sketches or plans of floor & elevation views (provide one (1) copy 8',-^" x 11"). 6.List of the legal names (include marital status) of all persons with an interest in the property'. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separaw list of any other persons you wish notified of this application. ^ Additional items as may be requested by City staff. 7. 8. The .Applicant and Property Owner must sign this application. Please remember that your vnri infP iipplicatlon is not complete if the above information has not been included ^ APPLICANT’S SIGNATURE . . The applicant herebv agrees to provide all information required or requested by the Zonmg Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certities that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date D OWTSER S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City' staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Owner ’s Signamre Date 3 Applicant must have Vsubmittals 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 anend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 ./ATT M X. / W CITY OF OROiNO - VARIANCE APPLICATION Initial Application Fee S200.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming structures $200.00 After-the-Fact Fees (Double application fee) PROPERTY EVFORMATION Site Address ^iCgS Co/»<v Qrive, ^ City of Qrooo P.O. ton ttsan w ““ 03/18/96 15:J7:39 UW USE (miCATIQN 1 • 220.00•2124 JM EAflllC 1 t 0.C0 surm TAX TOTAL SALE RECEI\e oncE OEIM 03 TRANS! 1116 220.00 0.00 220.00 0.00 220.00 220.00 0.00 Propert)' Identification Number (P.I.D.) O'h ~ in~3.3~3.l~- OOil Attach legal description to application if not included on required survey. Date Property Acquired H ______________________________(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of propert>’:residential ___other (specify) Zoning District:____________________________________ APPLICANT Name CJ oV na P. Address:^!fe?S' Cp|ir> OrWe. OW'NER (if different than applicant) Name Phone (home) ^73~03Sy _____ Pbone(work) City:_____Zip: SSSSj, Phonahome) Phone (work) Address:City:Zip: DESCRIPTION OF REQLTST Describe request indetail:____ Estimated Construction Cost $ *^^O0O (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback:\/ Front pother (specify) Side Hardcover Rear Lot Coverage Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:______________________________________ (attach additional sheets if necessary) ---- WM GATE OS/li/HGATCH SOSraOS ASM(MCR MAHi TA>(SAYfS MAHE/AOOR M OS-117-2S 21 0010000S8 ADDRESS UNi^IGI^DNXLLIAH r NARTrXEL JR ET At NXUZAH r i HELEN C HARTFIEt 2225 OEVIN U LONG LAKE HN S5S5A HENNEPIN COUNTY PROPERTY INFORMATION SYSTEMPROPERTY CM^RS LISTXa 05-117-23 21 001102200 DEVIN LAT A S MAJOR THOMAS S A SUSAN D HAJtSI 2200 OEVIN LA LONG LAKE MN 55356 REPORT NO. PI43540IPAGE 1630 03-117-23 21 001202225 DEVIN LAN F HARTFIEL A N C NARTFIEL HILLIAH F A HELEN C HARTFIEL 2225 DEVIN LA LONG LAKE MN 55356 PROP ADOR CPMER NAME TAXPAYER NAME/ADDR 30 03-117-23 21 0013 00030 ADDRESS UNASSIGNED THE NURSERY HOMEGPtlERS ASSOC NURSERY HQHEOItlERS ASSOC 2200 OEVIN LA LONG LAKE MN 55356 30 03-117-23 21 0015 02150 COLIN DR C K SHAU^fNESSY ET AL C K SHAUG»R4ESSY 2150 COLIN DR LONG LAKE MN 55356 58 03-117-23 21 0016 02135 COLIN DR A C ANDERSON A P A ANDERSON ANOREN C A PAULA A AfE)ERSON 2135 COLIN OR LONG LAKE MN 55356 PROP AODR ONNER NAME TAXPAYER NAME/ADDR PROP AODR OHNER NAME TAXPAYER NAME/ADDR 30 03-117-23 21 0017 02165 COLIN DR JOHN P EARLING JOHN P EARLING 2165 COLIN DR LONG LAKE MN 55356 30 03-117-23 21 0021 00105 BRONN RO S C A J KROGNESS CHARLES A JEAN KROGNESS 105 BRONN RO S LONG LAKE MN 55356 30 03-117-23 21 0019 00030 ADDRESS UNASSIGNEO J P EARLING A C P HALDRON ET AL JOHN P EARLING 2135 COLIN DR LONG LAKE MN 55356 TOTAL BATCH 505 00010 30 03-117-23 21 0020 00030 ADDRESS UNASSIGNED J P EARLING A C P HALDRON ET AL JOHN P EARLING 2135 COLIN DR LONG LAKE MN 55356 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AlO TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KN0MLED6E AND BELIEF. DATE ■ •-•••«,4 .,-1.0,»44 M-t . X I > *I ♦j 4 •v'^'*V»-3 t -r<J T>( HARDSHIP STATEMENT The hardship aspect of my present variance request is based on the dire need for a third garage stall and certain site limitations. My present garage site is adjacent to my well head and thus inappropriate for additional construction. The opposite side of my house is the master bedroom and while this area is buildable^ it is not aesthetically a desirable location. I believe that my request for a setback variance is warranted due to the amount of open space on my lot in front of the existing structure and the unique end of the cul-de-sac location with buffering outlets. With the existing wooded area as a partial block of the proposed structure and the addition of more plantings, a garage structure would be very unobtrusive. The site of proposed structure is also on the down slope (lower elevation) of the only affected neighbor's house giving to a further diminished impact on the neighborhood. I will be locating the proposed structure fifty feet from the side lot marker as requested by ordinance with a 10 foot setback from Outlot C. CITY OF ORONO ^ SITE PLAN__ GRADING PLAN ;^APPROVED L APPROVED WITH REVISIONS ■IDI^RCyjtO DATF v ". Certificate of Sa^^T” for Greg A. Mack of^Lot 2, Block 2, Kelley Green W.lj Hennepin County, Minnesota «> • m Oo+lot O S0,»4-5 ’18*E->S7.t,2 Ou^loV E> . -I- . C K « (X U1 n ' vf^ .S0J2-60.\| -+91.7'V 14 0 ♦ o ■i Draincyfi. f UViV.V^ €-asc»^^^S kJvn 0 >0 +z'w 3-V0.09' I hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 2, Block 2, Kelley Green, the locauon of all exist­ ing'^ bui Idings. if any, thereon, and the proposed location of;a proposed build- ing. It does not purport to show other improvements or encroachments. Scale Date 0 r = 50' 8-27-86 Iron marker ^/r* ->JL itr'c-*t‘.**-‘** SJ 1^0*0** COFFIN & GRONBERG, INC. _ _ _ _ _ _ _ _ Mark S. Gronberg LicfTNo. 12755 Engineers, Land Surveyors, Planners Long Lake, Minnesota I .. tc' I I z I I I . -. - G; . u .. � lOlih 5 L l 000 . . . ... * tr . - Drrve • Q I J ' I I ) I .. i I J . I J I I . J . . 'I I ., ,. ' T t.. ----4-- --__, • • • E • z ItiM I » ^ • •• I.**' 3 r ' * . .*•% n *V.**-w -•W . *m'k‘'• •I • ••♦ h ' . ■■-V ..V - »•.'^.n - *f i* ' .^ w;- .. • • *r r ^ j • t' -•. -r iL -.’ :r. ••’*•*.— •#,•••> •• . im - — - i.*J •. «• - • . • •• ^ . • • •c '. .-y ^ c* - X" -• *.% : * V ' J . ••■• : I M r*- vv — h^vtt'V «... ,,-.' • »r* •% >.A^ . -. •« m I I X (0 4 )( \ I I<:> X I\) ,A I I • 11· I I X 0 k '> meeting •! 3 1996 REQUEST FOR COUNCIL ACTION ^OFORONO DATE: May 9, 1996 —» ITEM NO.: Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2125 Ricl.ard Cliftbrd, 4760 North Shore Drive - Variances Resolution Zoning District:LR-IB Lot area = 17,030 s.f. or .39 acre Application: Applicant has filed a renewal lot area and lot width variance and a setback variance for land alterations within 20' blulT impact zone. The land alterations involve the cutting of a bank to allow for a walkout to the south (County road). The property owner has received lot area and lot width variance approvals from the City in both 1984 and 1986. With the passage of the City's new Shoreland Regulations in April of 1992, a bluff has been located within the street yard adjacent to the County road. The following variances are pertinent for this review; 1.Section 10.24, Subd. 5 (B). A.Lot area. Required = 43,560 s.f. or 1 acre Existing = 17,030 s.f. or 0.39 acre Variance = 26.530 s.f. or .61% B.Lot width. Required = 140' Existing = 100' Variance = 40' or 28.5% 2. 3. Section 10.56, Subd. 16 (C) (2) - Required setback from top of Liuff for structures. Required = 30' Proposed = 36' No variance required. Section 10.56, Subd. 16 (J) (5-h & j) within bluff impact zone. Required = 20' Proposed = 17' Variance = 3' or 15% -No land alterations allowed Request for Council Action continued Page 2 May 9, 1996 Zoninc File #2125 Richard Clifford, 4760 North Shore Drive List of Exhibits A - B - C - D - E - F - G - H-1-: 1 - J K L M Application Plat Map Property Owners List Hardcover Inventor)’ Hardcover Map Neighbors' Acknowledgement Form Gustafson Report Floor Plan North/South Elevations Site/Grading Plan Resolution No. 2008, Application #1029 Resolution No. 1698, Application #873 Staff Sketch Locating Person Served by Driveway Located Within Unimproved Public Right-of-Way Staff L.eiter to Adjacent Residence Brief Review of Application The property was sold to the current owner at a ta.x forfeiture sale sometime in 1978. The property has been assessed a single sewer unit with a $225.00 plant charge remaining to be paid with the building permit. A sewer stub is a\ailable to this property at North Shore Drive. The walkout design will necessitate cutting of the bank encroaching 3 ’ into the blulT impact zone. Note the structure will meet the 30' setback from the defined top of bluff Review Exhibit O, Ceil Strauss's letter of April 12th advises that the runofl' from the site would actually be slowed down and possibly pond within the more gentle sloped areas. Regrading will actually minimize the impact of surface runoff upon the bluff and reduce element of erosion. The Planning Commission members had no real concern and concurred that the more gentle sloped area would provide greater absorption. They did concur that a planting schedule should be provided by applicant with building permit. Many felt this would provide a visual and sound barrier from noises of County road below. Access to this undeveloped property has always been approved at the north lot line via the driveway located within unimproved Park Avenue (30' wade), refer to Exhibit M. Neighbors in attendance at the meeting questioned the condition of the driveway and now a more intensified use with a fifth user of drive. Refer to Exhibit M again, the parcels defined as 1, 2, 3 and 4 are currently served by the driveway. Parcel 5 is the Clifford parcel and Parcel 6 owned by the iCoubsky's is currently served by a driveway at North Shore Drive. The steepness of the Koubsky's driveway (20%+ grade) is unsafe. The owners have reported Request for Council Action continued Page 3 May 9, 1996 Zoning File #2125 Richard Clifford. 4760 North Shore Drive several near misses with uncoriUvJicd sliding into the oncoming west lane of County road. They too would like to relocate access at their north lot line via the drive. The total number of users of driveway would now be at si.x. The running Commission felt that at a minimum the road should be improved as far as appropriate address signage at Tonkavicw Avenue and changes of address from North Shore Drive to Tonkaview far several of he properties still using a North Shore Drive address. Members felt the drive need not be upgraded to a road but could remain possibly as an upgraded driveway with grave! base. The issue of the driveway was looked upon as a separate matter and approval of the variances for applicant were not conditioned on the access drive issue being resolved. The property owners in the area seek access at the north lot line because of the severely steep- sloped property along North Shore Drive. The curve in the road also creates sighting problems at the County road lot lines. Ihe four current landowners have worked with the Public Works Department over the years on extending the drive and grading each year. Rel'er to Exhibit N. the Public Works Director and Zoning Administrator met with the applicant and adjacent neighbors to discuss potential upgrade of the road on Tuesday evening. May 7th. Many of the neighbors agree that there was a definite need to upgrade the existing drive and all voiced hope that the City would not require a major upgrade to a road with cul-de-sac where there was no additional land for more right-of-way. It was also hoped that the majority of trees could be saved along the roadway and that current corridor of roadway at approximately 15-16’ be maintained. Members discussed their willingness to execute covenants for their share in the maintenance and upkeep of the driveway. Staff stated they would be willing to work with neighbors to answer any questions they may have or to provide any easements or covenants for their use. The neighbors will be working with the Public Works Director who has advised that because this involves the private use of a public unimproved right-of-way and that the access road would not meet current standards that they must appeal to the City Council for special consideration. They will prepare a plan for improvement and present their request to the City at a later date for Council’s consideration. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the application as proposed, subject to the following conditions: Request for Council Action continued Page 4 May 9, 1996 Zoning File #2125 Richaid ClifTo’’d, 4760 North Shore Drive 1. 3. 4. 5. Prior to the City issuing a building permit for the new construction, applicant must arrange for a meeting with the Hennepin DOT and the Otvoo staff to determine the need for any improvements within the County right-of-way or on property to minimize impact of additional drainage. Payment of a $225.00 plant charge with the building permit application. Silt fence to be installed on southwest boundar>' of construction site until groundcover is established. Applicant to provide a landscape plan for south yard in the area of the land alterations. Access to the property shall be gained via unimproved Park Avenue at the north lot line. Applicant shall be responsible for participating in upgrade and regular maintenance of driveway and to provide appropriate address signage at both intersection of Tonkaview Avenue and at north lot line of property. Applicant's address shall be changed from Nortli Shore Drive to Tonkaview Avenue. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution. A RESOLUTION GR.4NTING V ARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.56, SUBDIVISION 16 (J) (5-H & J) FILE NO. 2125 WHEREAS, Richard D. Clifford (hereinafter "the applicant") is the ovsner of the property located at 4760 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lots 5 and 6, Block 3, Bergquist and Wicklund's Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit construction on an undeveloped property that consists of 17,030 s.f. or 0.39 acre where the Code would require 43,560 s.f. or 1 acre and v.here the lot measures 100’ to the rear of the front/street setback line where the Code would require 140' width and a variance to Section 10.56, Subdivision 16 (J) (5-h & j) to permit land alterations within 17' o'" the top of the bluff where a 20' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2125. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring one acre in area. 3.The Orono Planning Commission reviewed this application on April 15, 1996 and recommended uniinimous approval of the variances as proposed ba.sed upon the following unique findings and hardships: Page 1 of 5 A.The City has approved lot width and area variances for this property in 1984 and 1986. B. C. The size and width of the property is similar to other developed properties in the surrounding neighborhood. There is no adjacent undeveloped land available to increase lot area or lot width. D.A bluff has been located in the south yard. The proposed structure will be located 36' from the top of the blutT where the Code requires a 30' setback. E.Excavations to create a walkout will encroach 3' into the bluff impact zone. Ceil Strauss of the DNK in a letter dated April 12, 1996 advises that the final elevations will actually slow down surface runolT providing temporary ponding and reducing potential for erosion. In her letter, Ms. Strauss approves the proposed grading plan. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings or hardships, the Orono City Council herebv grants variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.56, Subdivision 16 (J) (5-h & j) to permit construction of a new residence on the undeveloped lot granting an area variance of 26,5030 s.f. or 61% and a lot width variance of 40' or 28.5% and a variance of 3' or 15% for the encroachment of certain land alterations within the bluff impact zone, subject to the following conditions: 1. 3. 4. 5. 6. Prior to the City issuing a building permit for the new construction, applicant must arrange for a meeting with the Hennepin County DOT and the Orono staff to determine the need for any improvements within the County right-of-way or on property to minimize impact of additional drainage from development. Applicant shall make pa ment of $225.00 of a sewer unit charge with the building permit application. A silt fence shall be installed on the southwest boundary of construction site until groundcover is established. Applicant shall provide a planting/landscape plan with building permit application for area of blulT impact zone disturbed by land alterations. Access to the property shall be gained via a driveway within unimproved public right-of-way known as Park Avenue at the north. Applicant shall provide address signage at the intersection of driveway with Tonkaview Avenue and at north lot line of property. Applicant's address shall be reassigned to a Tonkaview Avenue address. Applicant shall also agree to participate in the upgrading and annual maintenance of the shared access driveway to property. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 13, 1997). Page 3 of 5 7.Violation of or non-compliance with any of the (i rms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of May, 1996. ATTEST: Dorothv M. Hallin, City Clerk Edward J. Caliahan, Jr., Mayor Property Owner (s) STATE OF MINNESOTA ) )ss, COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of May, 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 5 STATE OP MINNESOTA ) ) COUNTY OF HENNEPIN ) On this day of , 199___, before me a Notai7 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 IIENNFPIN ) ss. On this day of . 199___, fxiore me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 ...1 TO: FROM: Giair Peterson and Orono Planning Commission Members Jeanne A. Mabusth, Building & Zoning Administrator DATE:April 9. 1996 SUBJECT:#2125 Richard Clifford, 4760 North Shore Drive - Variances - Public Ileming Zoning District: LR-IB Lot area Required = 43,560 s.f. or 1 acre Existing = 17,030 s.f. or 0.39 acre Variance = 26,530 s.f. or .61% Lot width Required = 140' Existing = 100' Variance = 40' or 28 5% Application: Applicant has fiV-d a lot area, lot width and a setback variance for land alterations within the required 30' setback f: >m the top of a blulT. The property owner had received lot area and lot width viiriance approvals from the City in both 1984 and 1986. Since the passage of the City's new sboreland regulations in April of 1992. a bluff is now defined w ithin the street yard adjacent to the County Road. The following variances are pertinent for this review: 1.Section 10.24, Subd. 5(B) - Lot area and lot width variances as noted above. 2.Section 10.02 and Ordinance No. 126, 2nd Series - Definition of bluff, toe of bluff, top of bluff Sect 10.56. Subd. 16(C-2) Requl.^v' = 30' Structure - 36' No variance requiied. Land alterations = 17' from top of bluff Setback variance for land alteration that encroaches 13' into bluff setback area. 4.Section 10.03. Subd. 14(C) Total lot area = 17,030 s.f Allowed - 2,554.5 s.f or 15% Proposed = 2,128 s.f or 12A% No variance required. n Zoning File #2125 April 9, 1996 Page 2 List of Exhibits A - Application B - Plat Map C - Property Owners L.st D - Hardcover Inventor} E - Hardcover Map F - Neighbors Acknowledgment Form G - Gustafson Report HI-2 - Floor Plan I - North/South Elevations J - Site/Grading Plan K - Resolution #2008. Application No. 1029 L - Resolution #1698, Application No. 873 Review of Application In 1978 the properly was sold to the applicant at a ta.x forfeiture sale. The property has been assessed for a single sewer unit that included front footage cha-ges. The $225 plant unit charge has yet to be paid. A sewer stub is available to the property at North Shore Drive. The property at .39 acres is similar in size to the surrounding neighborhood at ” '.verage area of 0.4+ acres. Ihe property falls within the 250-500’ setback area and would oe allowed 30% hardcover. Applicant proposes 25.5%. Review Exhibit J, the structure has been placed on the property meeting all required setbacks except for required land altetations for walkout that will encroach 13 ’ into the required setback area. The structure has been placed at the 35 ’ front setback from Park Avenue or north lot line. The elevations lend themselves to the creation of a walkout design. Review Exhibit J. Gustafson has approved the grading plan noting the need to install silt fence at the southwesterly boundary of the site until vegetation is established. As with the review of a recent conditional use permit where drainage ^rom development is directed to County right-of-way, the City will ask that applicant arrange for a meeting with both the County DOT and the City statT to determine if there arc additional improvements needed to maintain surface runoff from new development w ithin County right-of-way. Upon your inspection note there is a ditch that drains to the east to a catch basin that drains under the County Road eventually to the lake. Start'has been in contact with Ceil Strauss of the DNR. She advises she has no clear guidelines for land alterations that encroach the 30 ’ setback. She has asked to review the grading plan and will get back to us if she has anv additional comments for our review. mm mnm Mikini Milinfra [IJVtTiril .■A* Zoning File #2125 April 9, 1996 Page 4 5.And, if Planning Commission members support stall’s recommendation, the following may also be included: prior to scheduling the application before the Council, applicant shtll provide a landscape pla:; providing additional shrubs and plantings in north yard in area where bank shall be altered. ^ . if!^ c- )»4-I Application #S AHft*'/IDateReceivedA~g^ -1*3*^*’ Amount Paid t 'V -■ *' !r:•;- 0 si UJ ^\0 0> ^0 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) PROPERTY INFOR>UTION . SUeAddress lU^rAs.Dr.O-----.., Propem' Identification Number (P.I.D.)_^S^-------------^7 ~ ^^^^ Attach legal description to application if not included on required survey. Date Propefl^Acquired.^rope«5C^ i (do non irtBc-di I I (<J Presenrttsc-dT property Zoning District;_____ rspecify’) \jf\-CMXX.---L (month/year) Phone Oiome) _____ Phone (v — City:— )sJ./jK7vf^ ------__ ^honefaxtrk) M- OWNER (if different than applicant) Name ----------------- Address; Phone (home) Phone (work)_ City:,Zip:. Estimated Construction Cost SDESCRIPTION OF REQUEST --------------^ ^ ^ 77 Describe request in detail: I ■.7C,/)AC,:.-----&£r£ I ------- (anach additional sheets if necessary) VARIANCES REQUIRED " ; 'X Lot Area >Width ^ Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore V Other (specify) t>'^A'QSC/)piAl 0,r £.C V A.1A... a.aTX /»!,■}'r /~c<,P __: r'___|,y rr>^;'iyf-0*^ zjK.Li.f''-.--------■ -}- r—----------=-ti-------------------------------------------------— / Lj.—---------------------------------------------------------------------- ^attach additional sheets if necessary) REQUIRED SUBNUTTALS All of the following information must be submitted bv the applicatiQg jjea41iflg dat? IB, order for vnur applicarion to be comiderfd completei 1. 'f 3. Completed Application Form Certified Property Owtiers List of ovMiers within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govi Center, 348-3271). Certificate of S'jrvey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 814 x 11 for reproduction. ... Topographic survev (existing and proposed elevations) if any changes in existing grade“are proposed. In addition, provide one (1) copy 8'/i" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy S'/i" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. ^This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that vflflT Viirinnce not complete if the_ai?ove information has not includ^4 APPLICANT’S SIGNATURE u u v • The applicant herebv aejees to provide all information required or requested by the Zonmg Administrator, agrees to“ pay additional fees (staff time not covered by original fee payrnem) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is trup^/orrect lo the^e^<^ l^her knowledge. Applicant's Signature . 4. 5. 6. 7. 8. OWNER'S SIGNATURE The owner herebv acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes j^Hp^tigation^d^j^ri^g^ of this request. Owner’s Signature ----------- Date ------- ADDlicant must h:/e all submittals into the City offices 25 days before the Plying CoLnission 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, p ease make arrangements to have an authorized agent attend in your place and to advise the Building &. Zoning Office of this change prior to the meeting. . , ,I ,. . . . . : . . • • I • t RUN PATE 0V29/95BATCH 502 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEMPROPERTY ONNERS LIST REPORT NO. PIA35401PAGEI PROP AODR OHNER NAFS TAXPAYER NAME/ADOR 58 07-117-23 32 0057 04755 TONKAVIEH LA LELANO S MARTINEAU ET AL LELANO & PATRICIA MARTINEAU 4755 T0T4KAVIEN LANE MOUND MT4 55364 TOTAL BATCH 502 00010 PROP AODR 58 07-117-23 23 002704765 TOIICAVIEH LA 38 07-117-23 32 000904736 NCmTH SHORE OR 38 07-117-23 32 001004750NORTH SHME DR %• *«OHNER NAME 0 A « P E AFrELDT CHRISTINE J SCHAN2ENBACH JAMES R THOMSON ETALTAXPAYERDWIGHT 2 PATRICIA AFFELOT CHRISTINE J SCHANZENBACH JAMES THOMSONNAME/AODR 4765 TONKAVIEH LA 4736 NORTH SHORE DR 4750 NORTH SHORE DRMOUND MN 55364 MOUND MN 55364 MOUND MN 5536458 07-117-23 32 0011 38 07-117-23 52 0012 38 07-117-25 52 0015 A(PROP ADDR 00038 ADDRESS UNASSIGNED 04784 NORTH SHORE DR 04798 NORTH SHORE DROWNER NAME RICHARD D CLIFFORD S A SCHAUER I F E KOUDSKY &fEH H DUPONTTAXPAYER RICHARD D CLIFFORD S A SCHAUER I F E KOUDSKY GHEN M DUPONT /•S4AME/ADDR 10155 GREEfBRIER RD §208 4784 NORTH SHORE DR 4798 NORTH SHORE OR MINNETONKA MN 55305 MOUND MN 55364 MOUND MN 55364 38 07-117-23 32 0021 38 07-117-23 32 0022 58 07-117-23 32 0025 PROP ADDR 04755 NORTH SHORE DR 04775 NORTH SHORE DR 04795 NORTH SHORE DR OWNER NAME G R EVERSON P M E EVERSON 0 E BOLL 2 S E DOLL HENNEPIN FORFEITED LAND TAXPAYER GARRY 1 MARIE EVERSON DOUGLAS E 2 SANDRA E DOLL CITY OF ORONO 44AME/ADDR 4755 NORTH SHORE DR 4775 NORTH SHORE DR LAKE ACCESS LANES MOt;a) MN 55364 MOUND MN 55364 6/19/70 ST DEED 156852 9 oi^ ) < I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HErt4EPIN C0U*4TY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE t .*•M m X ■* iti CALCULATION WORKSHECT SETBACK ZONE: (CIRCLE ONE) 0-75’ EXISTING HARDCOVER IN ZONE A.House X Length B.Garage C.Driveway D.Sidewalk E.Patio/Dcck F.Landscape Underlain By Plastic G.Other X X X X X X X X X X X 75-250*250-500*- j -*■ Width TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^ B _____ SOO-IOOO’ 100 . 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. % D A B PROPOSED HARDCQ^TR IN ZONE A. House ________ B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic G.Other L:ngth I \1 n -I a X X X X X X X X X X X X ^ / Width \r "7 " 7-6 \ o \ l; o TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 4-B X 100 = 7. ' 'r^ i T- S.F.J S.F.2^ S.F.? S.F.?. S.F. S.F. L S.F.^ s.f.(2> S.F. c c 'S.F. S.F. -V -QiC s.f.Q ________S.F. S.F. 4'''? - -2 ' S.F. S.F. / y o'.^ O S.F. % A B *1- «• »•HENA-*'*^ j Ifi‘'\s>'•!*:«»'t1. (>OZ},7). =/7,flootra.rr. c^.AP. nuNiMtnN COUNTY, MINNESOTA «jf ^ r $• LEGAL DESCRIPTION OF PREMISES: (jooo .2) Lots 5 & 6, Block. 3, "Bergquist and Wi ck1und ' s Park“ . q: denotes inon. ^larker (ioi9.B)‘ denote- existing spot elevation, mean sec level datum denotes exist!nvj contour line, mean sea level datum Bearings shown are based upon an assumed datu.’i. /7,9oo tfa.rr, //^ oz^ f /-JTC This survey intends to show the bound­ aries of the above described property. It does not purport to show any other* improvements or encroachments. denotes distance as shown on the plat of "Bergquist and Wicklund's Par CobeimTiT^v RH9HH I hereby certify Ihdt this survey wns ^^fcparuil by me or uiulur my iiirect siipor* | oaii: 2*7*9^ Adjactnt Property Owners' Acknowledgement Form -St ttA. I~nu?>w-»gf [print nine(^[print address) have reviewed the plans for the proposed Improveraem or proposed use of the property located ________also referred to as Land Use Application No.--------------• I (we) understand that in executing this aclmowlcdgement, I we) am (are) not ^ked m declare approve, c, .lisaporoval of the property or use but merely to confirm C'V Council that 1 (we) am (are) atvare of the improvement plans and that dte proposed neighbors project or use requires Council approval. 'Sx-vtJUv i Propert>' Ovvnei Date l^perty ( -Vt itperty Owner ,-.a.**■-******** Date *****«******-***<'************************** , (we)^_ of^ [print addressJ[print name(s)] ....u,. ,1-. r»“£.t^ at ______________ I (we) understand that in executing this acknowledgement. I (we) am (are) not asked to j 1 rrhvil or disaoDroval of the property or use but merely to confirm for the City M rr^U a^ (X- of th/mrpt:;iement plans and that the proposed neighbor's project or use renuires Council approval. Date ?r ' 7^/c - ?(o Property Owner Date Tf n h-ve anv information that may assist the City in the review <^f this Laiid Use Applicatfon. pkasc submit your comment.- to the Building & Zoning Office at .east .0 days prior to the scheduled meeting date. 4-G4-199S 3:40PM FROM BQNESTPOO ' ASSOC 612 636 1311 p; 1 ^ m Bonestroo Rosene Anderlik & ly 1 Associates Engineers & Architects ec-wifce xr>!cr^.A^c,-l,<f.-nc ■•'•o.: •••<; .X .•n Aere^ <J.V' V'f.. a Sv-'. t-o-. • jOJtO" C -^ndri- n. !».t . M»rv,r.c V;fv»l» PE .. v .i.- J rc • >ojeO''C • Mj>rv<n L Sorvai* PC • ^•rh^rc ft furn.if . Z\9r.n \{ (,Z0< ,'*e • 7ofiprj 0 cni • Jl. /A ^C • Pcfc.ft W .•; m eo^M.n. CPA . Sc^ Of C:-.>wl(.«nf. ^-A ^^ f ^^ ^ ^ ^ 0 A - ^ ^ ^ ----------- - •••✓' • • P tWUft’*^ « • HOAifj A • x^ in a Gor-Ton pg • f»£ • ?.(;n...j u' .-'ostci re • D#v;. o lp5«c^*a PC • r.u*-: C <^v4;;c«. aia • v.ir. a P£ • M.cn.«el T KiXtnnEhn. •£ • Tt4 K F.? <1 P« $r JAC ‘o.^tttrf V\ . WI April 4, 1996 Ms. Jeanne Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 Ci^-stal Bay, Minnesota 55323 Oti »rt r^m ry' Re: Clifford Residence File No. 139-2125 Dear Jeanne, We have reviewed the house and grading plans submitted by Richard Clifford for the property' at 4760 North Shore Drive. The proposed grading plan is acceptable from an engineering perspective and we would recommend approval. Although it appears that the existing ditch on County Road No. 19 can accommodate the additional drainage from the site, the plans should be submitted to Hennepin County for their review. Silt fence should be in place on the southwesterly boundary of the construction site until vegetation is established. Please contact me at tliis office if you have any questions regarding this matter. Yours very truly. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. A Shawn D. Gustafson, P.E. 2335 West Highway 36 ■ St. Paul, MN 55113*3898 ■ 612*636-4600 .. .I f I .l l-1 L- I ,' ' I J · r 1,) I . tc V ^***>v u f^isJ :.i it e '’^' 1 *» •V +\ — =>1 tr. S£COb4b> ScMix.: Vj (0 . I I - . , ,, p l· ,,.. . -· HENNEPIN COUNTY, MINNESOTA LEGAL DESCR PTION OF PREMISES: Lots 5 & 6, Block 3, "Bergquist and Wi ck 1 und ' s . ark" o: denotes iron marker (1019.0): denotes existing spot elevation, mean se level datum denotes ex.isting contour line, mean se. leve.l datum Bearings shiwn are based upon an assumed dati n. /AO/Of(p /) ci^AAC-e =/OZ8.S s /029.S /eiaoA z /02O.O This survey intends to show the bound­ aries of th. .ibove described property. It does not 'lurport to show any other improvement or encroachments. ;j|<f: denotes distance as shown on the plat of "Bergquist and Wicklund's Park DATE S*S>^feK,!i^\ vv ^ 'V- ■■■" ■ *i<V ■*•v .-ly *-' V/TO ,»•* •.•: S -r*..w4 ’ .. ' T'^-' m'mm ^ StiU" »-• •• », •n»-4T"V" •• y• ••*•t • ~ . i ^ /5•« ::;:'v"n *• ^■*-’f -*.’*^ ■* -V--1*^*1 *-..«, -------•■' •■■-'«l ™l ■..■■■—■,•r •* • . luV^ *• •• .aa. ». »_ ». 5206665 City of ORONO 4)^,CiT V r h^;; oV ,} ■ rORONO-L---^M RESOLUTiOM O^ THE CITY COUNCIL NO. 2306 7C..i ...... . ___A VMOAKI TO____mnciTja. tonso oooi sacnoN 10.34, sdboxvxoxcri s (ar nu 11029 f»'i a^ ...1,4,,.^. JAH Jt JSSt »<’i UdiH OiifUTV HEBtlAO, L«o and Malla Clifford (harainatt^ar at-Ka BKnra *i?V*** */• ®Y,"**^*^*** pr©P»rty locatoo at 4760 Morth daaJJlKd Va’fo?lwt^’'*tharalnaftar -City) and logally Block 3, Bargqulat and Wlcklund'a Park,(h€r«iiuiftar "tha preparty*)i and ^ width of 100 feat where a lot width of 140 feet la required. Ninaaaotai BOW, TBBRXPORB, B8 XT UBOLTBO by the City Council of Oroeo, 1* Thia application waa raviawad aa Zoninq Plla 11029. 2* in tha LB-IB Slngla Paaily UkaahoraBaaidantial Zoninq Oiatrlct. '"Bixy tMoanora a ranawal application for variancaa qrantad **i*nnlnq Coaaiaaion raviawad thla application on May 19, 1986, and recoaBar.dad approval of the propoaed varianca b«s«d upon tKo following findings! A) Vo othsr adjacont land ia availabla to ba coaibinad withtha proparty. B) Sawar ia availabla and tha proparty haa baan aaaaaaad for footaga and ona aawar unit. Paga 1 of 4 ’ > —y '* "'T* m'^xk •T. 'Mh m k i ^ ** \ I • r>->c ' ■' :w :'-;4 V'sr- ' ■' * T & , . .. M .1 ‘H*. T>v*fv"'f *A>(Vp . ••••.. • ..,’.-.'___‘....l !.►•••.*,*1 .i.*.4V .1. • •rti,‘ I*I »’y —. J>•^ »Vv V-•*V.J :.l CITY ORONO City of OROIVO NUOCUTIOM OF THE CITY COUNCIL NO. 2-08 C)Thl* lot is consiotont vith tho oxistino davolopMOt pottorn of tho oolghtwrhood. 0)Tho findlngo of •pproprloto.fact of Rffolutlon 1€98 aro otlll 5.Thoro appoar to b# no othtr altornatlvo uooa of tho proporty. 8.Tho building onvolopo for thio let with standard ootbacka of tho LR'IB Zoning District la sufflclont to develop a rosldoaco and the ordinary driveways and appurtenant loprovoaonts while still meeting hardcover requirements. 7.The City Council has considered this application Inc: the findings and recommendations of the Planning Cemml reports by City staff, comments by the applicant and the of the proposed variance on the health, safety and welfare community. 8.The City Council finds thac the conditions existing o property are peculiar to It and do not apply generally tc property In this zoning district* that granting the va would not adversely affect traffic conditions, light, a pose a fire hazard or other danger to neighboring property not merely serve as a convenience to the applicant, b necessary to alleviate a deawnstrable hardship or dlfflcu] necessary to pressrve a substantial property right .applicant* and would be in keeping with the eplrlt and ln< the Zoning Code and Comprehensive Plan of the City. coacuosxou, c«pn jud ooaDZTzon Based upon the above findings, the Orono City Council grants a variance to the Municipal Zoning Code Section Subdivision 5 (B) to approve the construction of a residene substandard lot of area 17,030 square feet where 43,580 square 1 area is required, and a lot width of 100 feet where a lot width feet Is required, subject to the following conditions* 1.Payment of 1225.00 sewer unit charge with the bu permit. 2.Dedication of the platted portions of County Road 19. 3.Mo setback or hardcover variances will be granted. . hardcover on the lot to bo 5,109 square feet or lose inc buildings, driveways, patios, decks, etc. l>.4.a r. 1;;^. rvV -vv ‘ / . .•••> H.. tr. / .v jA►'.iID.-i Vw V * m iS''fe'is^3 rt *=%."•■;. t;4VT.?r>7ii( **•.'ii ■/I ss?6i 5«£e| - - ;y > f * v ‘ ,*Pm . tn- n-virr- . . ''■i¥ ■■'.vi'A ',V'1 S« Payaant of standard building psrnit fast including 8AC and park dedication fee at the time the permit is issued. 6.Authorities granted by this variance run with the property not with the applicant# but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval# or this variance will expiri that date (June 9# 1987). 7.Violation of or non-compliance with any of the te conditions of this variance shall constitute a violation toning code# shall automatically terminate any authority herein# and shall be punishable as a misdemeanor. 8.The undersigned applicant has read# understood and agrees to the terms of this resolution and on behalf of his heirs# successors and assigns# hereby agrees to the r< of this resolution in the chain of title of the property. by the Orono City Council on this 9th day r . ■ .• /<" -■;S '•'■■■i•* «•'je* mmmm Pro^rty Ownws^ \ ^ Mary C* mvitler# Mayor Tim Ada^a, Acting Mayora. Acting Ha m-). ♦i >V \* ' k • ’ r • fi;" ■ r — * 'I ?e>: F.f. 3 of 4 'VA.- ^ .* 1 -*r :Uv‘l1 . •* -■'OVr^ •ijv* W--r ■'■ 1* p^^‘''-.'■'-.ymm^i li''.v.-.;.--^ .•*-•••■••'.•Ar I'v.'-•<3t I 1 V ^:• '■ r.!^.’*‘-' y .1 iw •vTl*«»i,»y-'fvA^'.r ''%^'uCx.‘^4 t •'« ' ?r>- t % f • ■• ,,v ;w v-v, •“*:■'• v-'^' ' * • »-* • *^ . •• , „\ •-•;,fCITV OF ORONO city of ORONORESOLUTION OF THE CITY COUNCIL NO. -16^8 __________ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION Z (B) ZONING FILE NO. 873 WHEREAS, Lgu oiu J Ngi 1 >• Clifford Uier«eaftLr "the c*pplic^nf") 1 *i nwf.cr ot ^hr nr.<p i o* -^od w'f lior«.h Shore Dri ve within the Cit^ of i)f c»»n *h« rw.^fler “Lit/**# ftod legall/ described as follows! lots t# ^nd 6, hloi I l<*'r-.)o. ♦ I r I •.*nd Nicllund Park (tieruaftor "propi r t,'* i , ‘fi 1 WHEREAS, the i* *r#i#li-.'d to Ihu Mty for a varirfori. ro Nuniciprl /oi»in(j Lc»d .• b**#:Vi<'in 1*.».24, ^•jbd./ision t# ih> to approve? thu construction uf o residciice on a substandard lot of ari.a l/,vrv square wla r** square feet of area is required, and width of !•*•. ♦. rt vjfu-rr* c* lot width of 140 f COt 1 u requir ed. NOW, THEREFORE Orono, Ml nri«/^.cf a; BE IT RESOLVED bv the City Council Of KINDINGS 1.Thlfi 4«ppl icat I iifi w« . r *.ionf*d a> 2*^0100 I’llo Mg. 373. 2.Th?? property t i r. I r..,. LR-IR *.>inoli} f a nily l.al osfiore Pi'SJdenti^l ••! » i l*i *tr i:t. 3.Ih^ Crono F*lani;iriq (. omm.ii v*.«i on rc'. lowed thin :»fipl lcat i on on Ocruhof ‘.*2. P'U l. and recomme nded .ipprov.«l *'jf t.ho p/i»,i‘j* »•*! V )# 1 •*m:c 0 I nd I'pi^n the fcillowir.q findirM4*>: Nc other atj lucnnt 1 ami i *i available to bo combined with th*? p#*.prrt/. fj) Giw»;r i•. Ill hit ‘lid »fi»‘ proocrt> has f<»r i'if»t.Mi»» ii»i1 f*ra* nwor unit. I ■ »• l« • I • • I -I been /OK^ S S'.* ; . "A ■ ^ V *S'v,il; ■ rr^7...: •• ■ n-^ ' r % .• f |v •t vSK ‘ ':• V ■.•. S.J , ’ ‘ * 0 '** * • 0 ,» mm •■■■^"'V'*"’■■'v 1i^r A ^'v'.'.V* ;r•f.*.-,if’'<..•>\Vv .■•-lnr'J'-^?V!"..'’P.-'■*t-m K?it'--■■Ssa^^-\fev5i■ .V’;^S#>'iv.- » » *.'.’'.-\• K^Ppji^:^vrtt . •''■9»r .»',•'•►.*»■*(■.n-.-'Vi>-v-;\ V'i!-,’'-"'^<•■I'■ y\. • ■•‘y : V /* • *.f '• . ^ • . - » ■‘'•i - .' . :i*. / k J. •• • •'" ■ • 1N' r» ’i. i<- ■•'... r * V ' ’’i*" V*v*l t-fv^v^VA-' •r-’>VV*.^V,. f*. J '*■ •.•■>'.vyri':v ■'.' * ’ ‘L - ■^•*n -*!. •*'*' '^*'i■/*.,• *'>’:1 •.-‘' •i' •V V M.:- . / i ' .*< > ► i-.. . *- .V* -? I a « t g d. -’^,• ■ - f W-‘- »■■■;Vi«'r,v-^"v 4i4.'»>y. •'•.S 4'V - :* r • ^\;•^M\ ^ * ‘. -vi.t’^*>•»•,'vf vi .V ;;*•••»«'•• >'■: -'’'■■■' ” i■y.'.Vv* 4: 7::.5r>t - • <-V.v^j,.*^v,.>r,;'...•'1 <*A.’P--'^;r;:<i’:;.v:•.•:.4 •.-\.v’-.‘yff ;’/i.'- ■ -*.' V.-n';J.'-.'.->'.-^Vv. ' V' Y-v.-i,..Vl': -tl:-/ •’ ^ ’• ‘•f: ‘ ^• > /• ’. « • ' • *n » 1 ,. • V,44 % •>. /\/•>/ \V CITYORONO •IJVtl 4 ,4....iTV^-'v-.''t --4V ' •*’ ;'^’••■‘»^ • ! I N •^ ■X’,v-‘ i 1“ '»■ <r v^....4 • y T •■•'k *,4 5 '..'•..'4-'.,4- ■i’-■>.!■:^■ M I '•»1 *'I*W • >«V •;.• S’; S * >’ 4 V t<.V.’ ' ^‘4,' f m '■•*/■'V ■.-j.•*'..•«•■ 'f •.:■-• .''i .»•■■ '•»•...•‘V' r « V •'*;V •5 'v'-Jr-V-’V ' ■ " *•>.•‘*«,. ,,i./ . •..*rl: • ‘ V I ' s M]yp^Hi lAmsm ^4« Wi n g|«5^ J CITYof ORONO Municipal OfTices / Street Address; 2750 Kelley Parkway Orono, MN 55356 Malllni Address: P.O. Box 66 Crystal Bay. MN 55323 0066 Mr. and Mrs. David Stanley 4735 Tonkavio'v Lane Mound. Minnesota 55364 Mr. Janies R. Thompson 4750 North Shore Drive Mound, Minnesota 55364 Mr. and Mrs. Larr>’ Greenhagen 4739 Tonkaview Lane Mound, Minnesota 55364 Mr. and Mrs. Frank Koubsky ^784 North Shore Drive Mound, Minnesota 55364 Ms. Gwen Dupont 4798 North Shore Drive Mound, Minnesota 55364 Dear Resident: The City is in the process of reviewing two applications (building pemiit for 4784 North Shore Drive and renewal variance, #2125, for the undeveloped property at 4760 North Shore Drive) that will involve the use of the driveway that currently serves your residence and four additional residences. Many of you continue to use North Shore Drive as your legal address when they should read Tonkaview Lane. The access at Tonkaview Lane does not provide adequate signage alerting visitors as to the location of your property not to mention emergency vehicles. The condition of the drive located within the unimproved dedicated right-of-way (Park Avenue) at a 30‘ width is not surfaced nor is it clear whether the actual traveled drive is located within the public right-of-way or adjacent private properties. At the April 15, 1996 meeting of the Planning Commission many of you attended the public hearing for the renewal variance application of Richard Clifford. You all raised concerns with the current condition of the driveway and the proposed increase in use. Staff advised that the City Council at a future meeting may be asked to consider the issue of the e.xisting drive and possible need to upgrade the access. City staff would like to meet with all persons involved with either the current or proposed use of the existing drive. We suggest that a meeting be held at the City offices the week of April 29th and that residents advise staff as to the time of day at which members may wish to meet to discuss the concerns raised at the Planning Commission meeting. Staff would offer to meet in the evening at 6:00 p.m. or an early morning meeting at 7:00 a.m. if regular work hours arc inconvenient. Telephone (612) 473-7357 • FAX 473-0510 Zoning File #2125 April 23, 1996 Page 2 Please contact Jolin Gcrhardson or Jeanne Mabuslh at the City offices as soon as you have selected a time and date for our meeting. Sincerely, A Jeanne A. Mabusth Building & Zoning Administrator JAM/ch cc: John R. Gerhardson, Public Works Director Richard D. Clifiord DNF: METRO REGION TEL:ei:-772-7y7 Hpr 13:34 Mo.013 R-CO^ ■**M M g S <ffi) TTza\Mi r phone NO I.DEPARTMENT OF NATURAL RESOURCES METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 772-7910 FILS NO p;-.. t-f ii- ■IliT April 12.1996 Ms. Jeanne Mabusth City of OroDO P.O. Box 66 Crystal Bay, Minnesota 5S323 RE: LAND USE APPLICATIONS, CITY OF ORONO, HENNEPIN COUNTY Dear Ms Mabusth: I have commonts on ibe foUavring land use applicatioiu on the Planning CcHumission agenda for April 15,1996. #2125. Richard D Clifford. 4760 North Shore Dnvc (Lake Minnctopka • Jcnnines Bav. 27-133»16). Grading for a proposed residence would go 3 feet into the bluff impact zone. It is my understanding that the nmoflT&ctn the she would actually be slowed down, and possibly ponded on the site a bit, with the regrading and that tlK detrimental impacts on the bluff would be reduced. Given the circumstances for the proposed grading, we do not objea to the city approving grading in the bluff impact zone. ji^2130.Noriv>ft Johnson, 118 1 Wildhurst Road (Forest Lake 27» 139). The applicant requests approval of a 5'lot residentiaJ subdivision on undeveloped land. It is my understanding that no variances are required. I have no objection to the subdivision being approved, however. I do see some concerns with the stonnwator management on the property and grading in the area of the existing ravine. 1.In the cuiTcnUy proposed grading plan, the stormwater would be directed to a “NURP” pond ia tbe smaller ravine on the south .side of the property. We strongly encourage the city to work with the developer to find alternatives for management of the runoff. Running tho water to one of the stoepeat and most erosive parts of the site is not a good idea. In addition, the proposed pond excavation would be in a location where the necessary grading would disturb an area that already has steep slopes and is sensitive to dislurbaoce. The feasibility of diverting the runoff to a ponding area in a flatter area (preferably not a hoavil}' wooded area) should be seriously pursued, including the possibility of a coordinated effort with a neighboring property owner. Based on review of the proposed grading plan, it appears that tho grading for lot 3 may extend into the larger natural ravine. The extent of the grading should be field verified. If the grading docs c.xtcnd into the ravine, the city should work with the applicant to avoid such disturbance, using retaining wralls or steeper slopes, as app 'nate. 3.We understand that an easement will be placed over the larger ravine (that runs from the western to tfao northern portion of the property'), although that did not appear on the copy of the grading plan I reviewed. We strongly support placing a protective easement over this ravine, which is a significant natural resource within the City of Orono and a great amenity to the properties within the proposed subdivision. AN EQUAL OPPORTUNITY EMPLOYER I. ^I I DNR HETRO REGION TEL :Gi:-772-7-?77 Hpr 12.'?G No.013 P.03 Ml. JflMM Mabaaih Afrill2.1996 4 Por your infonnation, I diicussod • couple other posiible ctormwiter management techniques with at one resident of the project area. These are techniques which may not be feasible for this site, but which the city may want to keep in mind for f\iture projects. a.When twmce arc near the tops of bluffs or steep slopes, such as arc oAen seen along creeks or ravines, runoiT from gutters or from the structure itself can become concentrated and cause oroaion problems. However, in oixkr to minimize these problems, the gutters on the homes can be directed to the fronts of the structures (i.e., away from the steep slopes) and run over a vegetated area or through a longer, flatter area before eotenng the area with the steep slopes. With wnalier rains, most of the water should have an opportunitt’ to infllvatc before rcac^g the steeper, erosive areas. I know, for example, that Riley>Purgatoiy«Bluff Creek Watershed District has succcssfrilly required this type of runoff rodiroction for developments along stoq) crock volleys. b.Current development standards usually require ponding to detain the excess runoff produced with a development (over pre*projoct cooditioos), with the intent to koqi the rate of ninoff and the flooding elevations no higher than before the development More recently, ponding for purposes of improv'ing the water quality of (he water that leaves the site has been a roquironiont. While the importance of the current design of ponds for water quality treatment and flooding oootrol should not be minimized, it should be recognized that even if this ponding is provided that the total volume of runoff from the more impervious sites is increased. Although the flows may not be increased for the peak flood period, the base flows or more “nonnal” flows are increased. This leads to changes in the character of streams or ravines, and can cause serious eroaioQ and sodiraontation problems as well as loss of vegetation and habitat for fish or wildlife. Thercfbre, where it is feasible, we would encourage ponding that is intended to bold the excess runoff on>sitc and not overflow to existing flowage systems (except for in oxtromo events, such as the 100«year storm). Please contact me at 772-7910 (772-7914 direct/voice mail) should you have eny questions regarding theee comments. Sincerely. Ceil Strauss Area Hydrologist c:Forest Lake File (27-139P) Lake Minnetonka - Jennings Bay (27-133-16) r"COUNCIL MEETING MAY 1996 REQUEST FOR COUNCIL ACTION CITYOFORONO DATE: May 7. 1996 ITEM NO.:n Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2107/2126 Vacation of Portion of Navarre Lane - Resolution Application: Application #2107 involved the vacation of 33' of Navarre Lane adjacent to the O'Sullivan/Smith property (former Martin's Service Station). In the review of the application, it was recommended that vacated right-of-way extend to the north adjacent to the church property eastward to the intersection of Olive Avenue, refer to Exhibit F. Application #2126 has been filed and a legal notice published to cover the vacation of the remainder of the right-of-way as required by State statute. The following ordinance is pertinent for this review: Section 10.12 - Vacation of public road. List of E.xhibits A - Application B - Legal Notice C - Plat Map D - Certificate of Mailing/Property Ow ners List E - Original I^gal Notice Posted for Application #2107 F - Location Map of Proposed V^acation G - Detail Map of Portion of Right-of-Way to be Vacated with Original O'Sullivan Application (#2107) Brief Review of Application Council conceptually approved comprehensive vacation during the review of the O'Sullivan/Smith project. Rather than vacate just the 33' adjacent to the O'Sullivan property. Council concepmally approved the vacation of Navarre Lane commencing at the intersection of County Road 19 extended to the intersection of Olive Avenue. The eastern portions of the vacated right-of-way may serve as part of a retention pond to be developed by the O'Sullivan group to maintain runoff from the development of their property. The City shall obtain drainage and utility easements over the entire 66' of vacated right-of-way to ensure access to telephone, gas, sewer and water lines within the right-of-way. It shall be the applicants' responsibility to obtain signatures of authorized agents of the church and Lafayette <1 i|iVkW|i Request for CoutKil Action co ntinued page 2 of 2 May 7, 19% Zoning Files mOH 12126 Ridge Homeowners Association to complete the execution of the drainage and utility easement. It shall be the obligation of applicants' surveyor to locate utilities within the right-of-way where either a proposed detention pond or tile would be installed conveying swale runoff to wetland to the southeast. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the application as proposed subject to the following conditions: 1.All benefitting property owners shall legally combine vacated portions of right-of- way with their respective properties. 2.All benefitting property owners shall be responsible for executing a drainage and utility easement over the 66' of right-of-way. Easement to be filed at the time the vacation resolution is filed by the City Attorney’s office. 3.Applicants, O'Sullivan/Smith, shall be responsible for obtaining a drainage easement to the City over the detention pond within the church property. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution, i Ir A RESOLUTION VACATING AN UNLMPROVED PORTION OF NAVARRE LANE IN THE CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA FILES NO. 2107 » 2126 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on January 26, 1996 John O’Sullivan and Erwin Smith, (hereinafter "the applicants"), filed a petition with the City of Orono requesting the vacation of a portion of a public right-of-way known as Navarre Lane located within Hennepin County, Minnesota, and legally described as follows: That part of Tract A, REGISTERED LAND SURVEY NO 1433, described as follows: Beginning at the most northerly corner 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 feet to the point of beginning, Hennepin County, Minnesota; and WHEREAS, on April 15, 1996 the City of Orono held a public hearing to consider a vacation of a portion of Navarre Lane commencing at Olive Avenue to the east extending westward to the intersection of Navarre Lane and County Road 19. This portion of the unimproved right-of-way of Navarre Lane is legally described as follows: Page 1 of 3 Beginning at the most easterly comer of Lot 21, "Wiley’s Navarre Addition, Lake Minnetonka"; thence southeasterly along the northeasterly line of said Lot 21 extended to its intersection with the northwesterly line of Outlot C, "Lafayette Ridge"; thence southwesterly along the northwesterly line of said Outlot C to its point of intersection with the northeasterly line of Tract A, Registered Land Survey No. 1433; thence northwesterly along the northeasterly line of said Tract A a distance of 33.08 feet to the most northerly comer of said Tract A; thence southwesterly to a point on the northwesterly line of said Tract A, 253.03 feet southwesterly of the most northerly comer of said Tract A; thence North 31 degrees 52 minutes 41 seconds West a distance of 43.82 feet more or less to a point on the southeasterly line of Lot 5, Block 3, "Townsite of Langdon Park"; thence northeasterly along the southeasterly line of said Lot 5, Block 3 to the most easterly comer of said Lot 5, Block 3; thence northeasterly along the southeasterly lines of Lots 22 and 21. "Wiley’s Navarre Addition, Lake Minnetonka" to the point of beginning, Hennepin County, Minnesota; and WHEREAS, after due published and posted notice, public hearings were held by the City’s Planning Commission on February 20, 1996 and April 15, 19% regarding the proposed vacations and all interested persons were given an opportunity to be heard; and WHEREAS, after due standing and consideration, the Planning Commission recommended unanimous approval of the proposed vacations; and WHEREAS, the City Council of the City of Orono finds that said vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1.The vacated portion of Navarre Lane has been barricaded and not open for public use since the early 1960s. 2.The proposed vacation will not landlock any adjacent property. 3.The condition of the alley restricts reasonable public use. Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED, that the petition of John O'Sullivan and Erwin Smith is hereby granted by the Council of the City of Orono and that the unused portion of Navarre Lane as legally described above is hereby vacated. The granting of the petition is subject to applicants providing drainage and utility easements over the entire 66 foot of platted right-of-way providing access to existing gas, telephone, municipal sewer and water lines. All benefitting property owners shall apply to the City offices for the legal combination of the portion of the vacated road adjacent to their lot lines. Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held on May 13, 1996. ATTEST; Dorothy M. Ilallin, City Clerk Edward J. Callahan, Jr., Mayor STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 22nd day of April, 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 3 of 3 * 5^ TO:Chair Peterson and Orono Planning Commission Members FROM:Jeanne A. Mabusth, Building & Zoning Administrator DATE:April 10. 1996 SUBJECT:^2126 City of Orono, Vacation of Portion of Navarre Lane - Public 1 tearing Pertinent Ordinance Section 10.12 - Vacation of public road List of Exhibits A - Application B - Legal Notice C - Plat Map D - Certificate of Mailing/Property Owners List E - Original Legal Notice Posted for Application #2107 F - Location Map of Proposed Vacation G - Detail Map of Portion of Right-of-Way to be Vacated with Original O'Sulliv an Application Review of Application Cit)’ Council conceptually approved the vacation petition of J. O'Sullivan and E. Smith that proposed vacating 33’ of right-of-way of Navarre Lane at the northwest lot line of the property located at 3340 Shoreline Dri\ e. Applicants would then agree to the granting of drainage and utility easements over the entire 33' of right-of-w ay over the City water main and telephone utility line w ithin the right-of- way. 1 he City conceptually approved the vacation pending completion of the vacation of the entire Navarre Lane right-of-way commencing at the intersection of County Road 19 extending to the intersection of Olive Avenue, refer to Exhibit F. All property owners to benefit from the vacation would grant drainage and utility easements over the entire vacated right-of-way. The western portion of the 33' right-of-w ay contains municipal sewer and gas utility line. The three properties to benefit from the vacation arc O'Sullivaa^Smith, the church property and Lafayette Ridge. Members may recall that the detention pond that serves the new development of O’Sullivan/Smith will be developed on the church property. Portions of that pond may extend into the vacated right- of-way as long as there is no interference with existing utilities. It shall be the obligation of applicant's sur\eyor to locate the utilities within the right-of-way where proposed detention pond is to be located and where either unc 'ground tiles or abo\ e ground swale is to be installed that would convev treated runoff to wetland ai southeast. Zoning File #2126 April 10, 1996 Page 2 O'Sullivan/Smith shall be expected to obtain signatures ot authorized agents of the church and Lafayette Ridge homeowners association to complete the execution of the drainage and utility easement. The City Engineer estimates the detention pond on the church property that will serve areas of the church property, 66’ of vacated Navarre Lane and the O'Sullivan/Smith parcel to be .24' or 0.1 acre in surface area. He estimates the watershed at approximately 4 acres. Staff Recommendation To approve the proposed partial vacation of Navarre Lane commencing at the intersection of County Road 19 and extending to the west side of the intersection of Olive Avenue subject to the following conditions; 1.Applicant shall legally combine vacated portions of right-of-way with their respective properties. All property owners benefit from proposed vacation shall be responsible for executing a drainage and utility easement over the 66' of right-of-way. Said easement to be filed at the time the vacation resolution is filed by the City Attorney's olTice. J.The City shall also ask that the church grant a drainage easement over the detention pond w ithin the church property. Ii ^"1 1 itL / Application # J-! Q.(^J - Date Received <3 -~ Amount Paid 3/?^ CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address ^'' Tvre of Application to be Filed \/tn e o a^UZZType of Application to be Filed '’\/ Property Identification Number (P.I.D.) APPLICANT Name T ^cst Oyr, Address P.O,a*K (mt» Phone (home) Phone (work). OWNER (if different than applicant) Name ___________ >S *- Phone (home) Phone (work)_ Address City Zip Date Property Acquired______________________________________ I (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 floodplain ____ Grading and filling - 101 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) Afler-the-Fact Fee - Double Current Application Fee (montli/year) OTHER APPLICATIONS S250.00 Commercial Site Plan Review (+ consultant fees) $300.00 Vacation $200.00 Easement Vacation $100.00 Easement Vacation With Subdivision $350.00 Rezoning (PUD - refer to fee schedule) $350.00 Comprehensive Plan Amendment '$100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District A ^ j —- Present Use of Property__Residential Other (specify). r \- CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 2780 Kelley Parkway on Monday, April 15. 1996, at 7:30 p.m., on the matter of the City of Orono's application to vacate a portion of Navarre Lane between Olive Avenue and the rignt-of-way of County Road 19 (Shadywood Road). The City has approved a vacation of the 33* of Navarre Lane adjacent to the former Martin's Service Station property located at 3340 Shoreline Drive. The legal description of the current vacation is as follows: That part of Navarre Lane described as follows: Beginning at the most easterly comer of Lot 21, "WiL-y's Navarre Addition. Lake Minnetonka"; thence southeasterly along the northeasicily line of said Lo. 21 extended to its intersection with the northwesterly line of Ouilot C, "Lafayette Ridge"; thence southwesterly along the northwesterly line of said Outlot C to its point of intersection with the nonheasterly line of Tract A, Registered Land Sur\ ey No. 1433; thence northwesterly along the northeasterly line of said Tract A a distance of 33.08 feet to the most northerly comer of said Tract A; thence southwesterly to a point on the northwesterly line of said Tract A, 253.03 feet southw esterly of the most northerly comer of said Tract A; thence North 31degrees 52 minutes 41 seconds West a distance of 43.82 feet more or less to a point on the southeasterly line of Lot 5. Block 3, "Townsite of Langdon Park"; thence northeaster!} along the southeasterly line ot said Lot 5. Block 3 to the most easterly comer of said Lot 5, Block 3; thence northeasterly along the southeasterly lines of Lots 22 and 21, "Wiley's Navarre Addition, Lake Minnetonka" to the point of beginning. All persons wishing to be heard will appear at this time. Written comments are solicited. Plans are available in the City Offices for review, by appointment. Citv of Orono By: Planning Commission Building &. Zoning Administrator To be published the weeks of April 1, 1996 and April 8. 1996, 1 30 .(I)y 3 ^V.'-v '■» (>•,. .vX,. .• ,,«)4 »x(69)7 .X^•/»Xj>>&/^c.55>'( !05)\,<V•■//.b>i?/55^0K?^V'(98).'(29/?< i9‘* '(106) (96). .-S' 3J to/:. ►V Z fl. (90) (68)\ito7/,.(69) %v-\^ I 9 C 0<')(65)(6-l) (63) */ ?3~ (76)(77) (78) /. 30 ' 30wi "53^ in). <£.(23) (96) (91) ■Vlt, I ^9)V -,y/ X!.5); r? ^ J c (9^)C •\. ^ I *^(77)^ ?(35) (0?J UJ ? 3 JfiL.50, tu c» ? ?(99) r o ^jcKiisni Jb) \<'p;^ , j<.T :i5(|^o) ii cp.'.)’ 104 5 I • }*Zt is,AW 3 >>. OuILOl C (94) j5v fAW i)) >n '.5AfH'-N§— |.N9 ------------------ J^oi 3 . J 5?'i '946165^ *4.M *- \ "M" /? (05) ^0 Is- .1^ -l-<.*•*1 315 3? (34f DOC NO AM) 51C9 V PI 2^ _ V W I ^ to--------- ---T-> v; 20 «2________ ----J7r”H^6v3' .6» I? ^30*4flV6't 'f/ 12> J66J.6I flcS 4^'/ /<■0. UFAtimOUUOt A io ■•«liJj GOVT LOT 6 (I & ......... </: ■ipi?m STORM SEV€R DISTRICT BOUNDARY SCHOOl DISTRICT RniiMnwr HENNEPIN COUNTY, MINNESOT, OWRAI. RrRwrrCR nrT>«r-T>Ti \ CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2126, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 3rd day of April, 1996. Jamie j^sma t i-. * . .' •HUN oi/a/u•-f.i MTCH 504 -•f %HENNEPIN COUNTY PHOPEPTY INFORMATION SYSTEMPROPERTY 0»«PS LIST■C!i 0»tlER NAHITAXPAYERHAME/AOOR v< M 17-117-21 44 OOOA021M SMAOYHOOO RDgrace BAPTIST CHURCH/NAVARREnorth central cba7240 UNIVERSITY AVE N E fllO PRIOLEY MN 55412 •T VV: !^K •».. 1 PROP AOOR 0I4CR NAME TAXPAYER' NAME/AOOR S»' 17-117-21 44 OOOY 02177 SHAOYHOOO RO HARCEL S DITTRICH HARCEL DITTRICH 2177 SHAOYHOOO RO HAYZATA MN 55391 f ■X.-«. ’*v* PROP ADDR OHNER NAME TAXPAYER NAME/AOOR so' 17-117-21 44 0052 OOQIB ADDRESS UNASSIGNED gene ano sheryll block GENE ANO SHERYLL BLOCK 2105 BAYVIEH PLACE HAYZATA MN 6539X V'..•.■ ■t._ _ _ __ _'it!- PROP AOOR -4 S'0»«CR fUME TAXPAYER NAME/AOOR 30; 17-117-23 44 0040 01124 NAVARRE LA BRETT MALLONQUIST BRETT K HALLONQUIST 3324 NAVARRE LA HAYATA MN 55391 njj; .:V . il-' PROP AOOR OHNER NAME TAXPAYER NAME/AOOR . M rW' ■ 30 17-117-23 44 0075 02334 SMAOYHOOO RO ^ JAB ERICS0I4 JOHN C A BARBARA E ERICSON 1420 SHAOYIKXIO RO HAYZATA W1 55391 PROP AOOR ‘ '’^S. 0»tCR NAME ,TAXPAYER. NAME/AODR ■o;:'- ■ii ■ ■ ■■ SB 17-117-23 44 0070 00038 ADDRESS IR4ASS1GHED GRACE BAPTIST CHURCH/NAVARRE GRACE BAPTIST CHURCH/NAVARRE .2180 SHAOYHOOO RD ORONO 55391 /. .> -•if-'*• »%• •• -;»i ''.** 38 17-117-25 44 000702144SHAOYNOOO ROGRACE BAPTIST CHURCH/NAVARREGRACE BAPTIST CHIWCM/NAVARRE2380 SHAOYHOOO ROORONO MN 55391 IB 17-117-23 44 0015 0003B ADDRESS UNASSIGNED HEM4EPIN FORFEITED LAM) CITY OF ORONO PARK 10/17/80 ST DEED 159148 58 17-117-21 44 0033 02305 8AYVIEH PL R H STELLIN6 ETAL GENE H BLOCK 2305 BAYVIEH PLACE HAYZATA MN 55391 38 17-117-23 44 0063 02344 OLIVE AVE J L CARLSON AMR CARLSON J L CARLSON AMR CARLSON 2344 OLIVE AVE HAYZATA rt)55591 38 17-117-23 44 0074 ^ 02334 SHAOYHOOO RO JOHN C A BARBARA E ERICSON JOHN A BARBARA ERICSON 1620 SMAOYHOOO RO HAYZATA MN 55391 38 17-117-23 44 0084 02350 OLIVE AVE NANdY 6 RUST NAJKY C NELSON 255(J OLIVE AVE. HAYZATA rt4 55391 ''•rreport no. P141B401 PACE 123817-117-23 44 000800018ADDRESS UNASSlWlEDHENNEPIN FORFEITED LANDCITY OF ORONOCONVEYED \2/8/82 ST DEED 161145 *r-j'\ •"I *^-%••c. •; • •••*$ 18 17-117-23 44 0051 02275 • BAYVIEH PL JAMES R ANOERSOH JAMES R ANDERSON 2275 BAYVIEH PLACE HAYZATA W S5191 ..:9; •>■ r.•• .. ; •J .»• 38 17-117-21 44 0059 03320 NAVARRE LA AORIANNE L DODGE ADRIA)t4E L OOOGE 3320 NAVARRE LA HAYZATA MN 55391 38 17-117-21 44 0044 02338 OLIVE AVE B A JAKU8IAK « L M JAkl»IAR BRIAN A JAKUBIAK 2338 OLIVE AVE HAYZATA FN 55391 nAvarre FM 38 17-117-23 44 0077 03326 NAVARRE LA GRACE BAPTTST CHURCH/NAVARRB grace BAPTIST CHURCH/NAVARRE ZiBO SHAOYHOOO RD . ORONO MN 55391 lA 17-117-25 44 0085 ^ 03340 SHORELINE OR • VOYAGEUR service centers INC VOYAGEUR SERVICE CENTERS INC P 0 BOX 45 . 6Si92 •i »• /i RUN DATE 01/ES/HDATCN 504 •-.* 1.4 fMCM NAIC' TAXPAYER . NAHE/AODR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEMPROPERTY Oi«4ERS LISTU17-U7-ES 44 0044OOOMAOORESS UNASSIGNED ^HEMCPIN FORFEITED LAND HEItCPIN FORFEITED LAND 50 17-*U7-ei 44 004400051ADDRESS UNASSIOCOCITY OF ORONO CITY OF ORONO < PO BOX 44 CRYSTAL BAY M4 5S359 REPORT NO. PI4S5401PAGE 3S56 17-117-ES 44 01000S5B2SHORELXite ORGLASS II PARTNERS GLASS II PARTNERS 14400 2BTH AVE N PLYMOUTH NN 55447 ■.. p A-1 ■4■PROP t >&V> ONNER NAME M-TAXPAYER NAHE/AODR HI ♦-I. I'V . • PROP ADDR OHNER NAME TAXPAYER HAHE/AODR >; * i ..I PROP AOOR ' ' C»#SR NAME ,4. : TAXPAYER NAHE/ADOR SB 17-117-2S 44 0101 05540 SHORELINE OR Lie KOEHNEN LEROY I CAROL KOEHNEN 24020 VALLEYHOOO EXCELSIOR MN 55551 SB 20-117-25 11 OOlS 02445 SHADYHOOO RO 1ST NATL BAMC OF NAVARRE 1ST NATL BAM( OF NAVARRE CO ROAD IS A CO ROAD 14 NAVARRE m 56592 5«'20-117-25 11 0034 00056 ADDRESS UNASSIGT4E0 FRESHHATER FOUNDATION FRESHWATER FOUTAATIOFT 725 CO RO 4 HAYZATA MN 55591 . fjv•• ni; .V » OiV .• .. f. i ‘ ‘/Z-• ■' -’'V ■• •• • •• •c •-•. 1 • ' • '■ •. * •p *t i i-* f •* t , 1 ••4 ^ r}j:v 9 .I >•. r-;..• . -it V.If '** .^ *• • ' '-'V* r '.2: ••.. *t *• .**•'*. I* O * f ^•. *' • •! * • -.rjv/fe ••’4;f. ' x:. f s-r****' Ml/.o ^ • *1 •• . 5B 17-117-25 44 0102 025B5 SHAOYNOOO RO S H SCHMIDT I S J SC»ff1I0T STEPHEN H SCIWIOT 2505 SHADYHOOO RO BOX 15 HAYZATA MN 55591 3S 20-117-25 11 0024 03533 SHORELINE DR HGT COMPANY SUPER VALU STORES INC CORPORATE TAX DEPT PO BOX 990 MPLS m 55440 TOTAL BATCH 504 00026 SB 20-117-2S 11 0002 . 02420 SHADYHOOO RO V0YA6EUR SERVICE CENTERS VOYAGEUR SERVICE CENTERS CO RD 15 I 19 NAVARRE m 55342 .38 20-117-25 11 0054 02500 SHADYHOOO RO FRESHHATER FOUNDATION FRESHHATER FOUNDATION SPRING HILL CENTER 72s SIXTH AVE N HAYZATA tM 55591 . * »••. I CERTIFY THAT THE FACTS REPRESENTED ARE AM ACCURATE AND tRUE ^ ' REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOHLEOCE AND BELIEF. oate IBvfeiCfb ^ •, ■i i I . f Property Owners lists for City of Orono #2126 Grace Baptist Church North Central CBA 7260 University Ave N #110 Fridley, MN 55432 Marcel Dittrich 2377 Shadywood Road Wayzata, MN 55391 Gene & Sheryl1 Block 2305 Bayview Place Wayzata, MN 55391 Brett Hallonquist 3324 Navarre Lane Wayzata, MN 55391 John & Barbara Ericson 1620 Shadywood Road Wayzata, MN 55391 J L & M R Carlson 2344 Olive Ave Wayzata, MN 55391 Nancy Nelson 2350 Olive Ave Wayzata, MN 55391 James Anderson 2275 Bayview Pi Wayzata, MN 55391 Adrianne Dodge 3320 Navarre La Wayzata, MN 55391 Brian Jakubiak 2338 Olive Ave Wayzata, MN 55391 Voyageur Service Centers P.O. Box 65 Navarre, MN 55392 Leroy & Carol Koehnen 26020 Valleywood Excelsior, MN 55331 1st Natl Bank of Navarre 2445 Shadywood Road Navarre, MN 55392 Freshwater Foundation Gray Freshwater Center 2500 Shadywood Road Excelsior, MN 55331 Stephen Schmidt 2385 Shadywood Road Wayzata, MN 55391 Super Valu Stores Inc Corporate Tax Dept P.O. Box 990 Minneapolis, MN 55440 Glass II Partners 14600 28th Ave N Plymouth, MN 55447 Richard & Colleen Haefner 2324 Shadywood Road Wayzata, MN 55391 Edwin Kuglin 2314 Shadywood Road Wayzata, MN 55391 Pat Sullivan 2318 Olive Ave Wayzata, MN 55391 James & Lynn Jacobson 2328 Olive Ave Wayzata, MN 55391 Teresa Anne Koch 2225 Bayview Place Wayzata, MN 55391 Terry & Tiffiny Hallock 2245 Bayview Place Wayzata, MN 55391 Patricia Burniece 2253 Bayview Place Wayzata, MN 55391 David Sc Diane Dean 2265 Bayview Place Wayzata, MN 55391 Cathy Jo Turner 2250 Bayview Place Wayzata, MN 55391 Jacquelynn Segner 2260 Bayview Place Wayzata, MN 55391 Jason Sc Lana Belcourt 2300 Bayview Place Wayzata, MN 55391 CITY OF ORONO 2750 Kelley Parknay, P.O. Bo\ 66 Cnstal 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. February 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 corner 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 feet to the point of 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 drive-in 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 w ishing 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 By: Planning Commission Jearrhe A. Mabusth, Building & Zoning Administrator To be published the weeks of February 5 and February 12. 1996. .y^46. 4 (S)M 3 I ^2^) <txv X(?6)/?4 /'\’*(69)^tSGK 9*" M67)/f ' '^(^3J 50 ('^•) (65) (64) (53) (52) 90 q(76) (77) (78) /. 30 50 ^ ^0 si f- i; 5 '■/ ii'“/' 7S XJ /(29)/,, »*1VrTts) u in ^ . ii ? /f ■50 r? (35) 50 ' Vin A r.r V50 i:9<i5m »• • • • 50 i-'(86)m 19 wi < I 1 ??4- /.•/ (M^)(98) 5S :o SO J 1 otP4AU-S iJ M—■ -M S (6?)^ 0 5 SO JO 50 <K u. SZ OUllOT A JZ (18) __m [CKViSUl I A I ^ 5!^i065 ‘^ PfCr ' " ’/cI 'M'/JX " “ “ "ICSAH--NQ V5-,—Pb A^-^0_____ _________J-.oL s {.rw. _ . V yj _ »i- g^_____\f> > ?:j ■» 19*6165-^ -•\ JiS 3i ^ “ 'i'.'.l" >) 154, 6« •• *■ THs masa 60 ^ OOC »0 i005iC9 \ 2661. eI RES AT LAFAtiTTS <?b. oultor A 'Miff '<.:t K 9ter.T5i GOVT LOT @) STORM SE ’/VER DISTRICT BOUNDARY SCHOOL DISTRICT P/MIMDARY HENNEPIN COUNTY, MINNESOT CENRRAi srnvTcr<^ nrp^RH'^ 5 vO SO O' \m 1 Piijl j ilHjf ■ I I »lPi-'H5Si *=! U*5f ’ •'Jr? f n?rj I *-t?i ? «> «. 3 hU\ IS -«!1 :o c/) 9oz CO m m 7?: r^i in XI Cl [\[\jlh \i E to 5 fifl ^ 0 i!! if i;?.?: a a« It*aI* t3 = « « « R R 9 I?I n s § =soz i/) a ! I ssinniis 5 i' j! I'.i.| «>i ;1*MM i li 3 s K E i *’■ iiH! I iI'S!1! Tj *»n 1*4§1$ zm m i/) I i2 y = I ^iSs I It'A^. 58 *p,si “*r'!?I n i SfII 124*-" — 3 • * 11?» IJ; ll S.*3 zo oz iy> H H * F'•'•' i ' 1 1! ! ll 'll ' F; ii I I!1 ! !i I 1 MEETING REQUEST FOR COUNCIL ACTION ^MY I3 1996 9.1996 ITEM No.- Department Approval: Name: Michael P. Gaffron Title: Asit. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description; Municipal Code Amendment: On-Site Sewage Treatment Systems Ordinance List of Exhibits: Exhibit A - MPG Memo 4/18/96 (Included as information with 4/22/96 Council packet) Exhibit B - Ordinance Exhibit C - Steve Weekman Memo 5/9/96 Exhibit D - Abridged Version For Publication As noted in Exhibit A, the MPCA has revised the Minnesota On-Site System Rules, Chapter 7080. The attached ordinance amends Orono Code Section 12.30, "On-Site Sewage Treatment" to be con sistent with the State Regulations, and deletes Sections 5.37 and 5.38, since cities can no longer license septic installers and site evaluators. The Ordinance also clarifies w hen systems must be inspected, repaired, or alternate sites designated in relation to proposed property improvements. Further, it defines rdditional requirements for maintenance pumping, requiring pumpers to report on tank conformity. Because the State now considers non-sealed (leaky)septic tanks as non-confonning, their condition must be observed at the time they are being pumped out. This is most efficiently done by licen.sed pumpers when they are on the site. S'Year Repair Deadline for Non-Shoreland Areas Finally, the Ordinance establishes a period of 5 years for completion of repairs to non-Shoreland systems found to be non-conforming due only to lack of 3-foot separation. Council may recall that prior to 1993, Orono Code required all non-conforming systems to be upgraded within one year. In 1993, Council revised this to allow tw o years (two full construction seasons) for upgrade of systems not meeting the 3’ separation. This 2-year allowance fits w ithin general guidelines set by the DNR for Shoreland areas. During 1993-95 staff identified approximately 150-200 non-conforming systems within the Shoreland district, the majority of which are not in potential sewer areas, and which are subject to the 2-year repair deadline. Conformity inspections have not yet begun in the non-Shoreland areas. Given the staffing and contractor difficulties associated with accomplishing so many repairs in such a short time, it will likely take up to five years to finish upgrading the Shoreland systems. It could be argued, therefore, that Orono should delay identification of non-conforming systems outside the Shoreland areas, until all the Shoreland systems (which have a greater impact on water quality than non-Shoreland systems) have been upgraded. However, there are a number of factors which suggest this is not appropriate: -Chapter 7080 now requires that any time a system is inspected, the inspection process must include a confirmation of the systems's compliance status, i.c. a determination of whether it meets the 3-foot separation. -Further, the State requires that the condition of septic systems be disclosed at the time of property sale, and because mortgage companies will likely require necessary system repairs at the time of sale, Orono residents need to be aware of the compliance status of their systems as early as possible. Outside of Shoreland areas. State regulations do not require a specific deadline for system repairs. They allow local governments to establish appropriate repair timeframes. Staff chose to propose a 5-year deadline for non-Shoreland areas because that will allow identification of non-Shoreland non­ conformities to proceed as part of our regular inspection program, yet delay their repair until the higher priority Shoreland system repairs are completed. Exhibit B is the proposed Ordinance. Exhibit C is On-Site Systems Manager Steve Weekman's memo which describes the need and reasonableness for each proposed code revision. Exhibit D is the abridged ordinance version for publication, since the ordinance is too lengthy to publish in its entirety. COUNCIL ACTION REQUESTED; Adopt the attached Ordinance to amend Chapters 5 and 12 of the Orono Municipal Code relating to septic systems. seconded by to adopt OrdinanceProposed Motion: Moved by________ Second Series, an Ordinance Deleting Section 5.37 of the Orono Municipal Code Relating to On-Site Sewage Treatment Systems Contractors, and Deleting Section 5.38 Relating to On-Site Sewage Treatment Systems Site Evaluators and Designers, and Amending Section 12.30 Relating to On-Site Sewage Treatment Systems, and to approve the abridged version of said 'dinance for publication. Vote:___ayes,____nays. C/-i ' " .r» To; From: Mavor Callahan Council Members Ron Moorse, City Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator Date:April 18, 1996 Subject:Pending Septic System Ordinance Updates On-Site Systems Manager Steve Weckman is preparing for your May 13 meeting an ordinance to update Orono's septic system ordinances. The revisions will include the following: Deleting Sections 5.37 and 5.38 regarding licensing of septic system installers and site evaluators. The MPCA now licenses these profession'^, and individual cities are prohibited from a’so licensing them. Revising the w ording of a number of definitions, section references and terminology to conform w ith recent changes in the State Rules Chapter 7080. Clarifying when on-site systems must be inspected, repaired, or alternate sites cesignated before improvements to a property are permitted, or in conjunction with CUP and vanance applications. More accurately defining what constitutes a 'maintenance pumpout’ and requiring pump ag contractors to report on the conformity of tanks at the time they are pumped out. For systems outside the Shoreland which are found to be non-conforming ("non- compliant") only due to the lack of 3'separation, establishes a period of 5 years for completion of repairs. The current code allows two years regardless of whether a property is in the Shoreland (Note that the State code now requires that gU inspections include a 3'separation determination; although that means we must identify the non-Shoreland nonconformities, u e do have the ability to define any period of time ur choose for their upgrade. Five years seems like a good balance: not so immediate that ive will have to add staff to deal with all the upgrades, but not so far in the future that it gets forgotten...) These code changes are part of Chapter 12: Construction Licensing. Permits and Regulation which is not part of the zoning code. Because of this they can be adopted w ithout a public hearing unless Council chooses to have one. Steve and I believe the impact of the changes is minor, and generally of benefit to our residents. An ordinance making these changes will be presented for adoption at your May 13 meeting. Plea.se feel free to call us if you have questions. .h ■ POLLUTION CONTROL AGENCY INDIVIDUAL SEWAGE TREATMENT SYSTEMS CHAPTER 7080 Extracted from Minnesota Rules 1995, including amendments adopted through January 16,1996 Text Provided By The OfTIce of Revisor of Statutes 7th Floor, State Office Building, St. Paul, MN 55155 Prepared By Print Communication Division (Minnesota ’s Bookstore) 117 University Avenue (Ford Bldg.) St. Paul, MN 55155 Metro: 612-297-3000, MN Toll Free: 1-800-657-3757 TDD (Telecommunications Device for the DeaO Metro: 612-282-5077, MN Toll Free: 1-800-657-3706 INDIVIDUAL SEWAGE TREATMENT 3-23 G/H-. 6 ORDINANCE U , SECOND SERIES AN ORDINANCE DELETING SECTION 5.37 OF THE ORONO MUNICIPAL CODE RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS CONTR.ACTOR, AND DELETLNG SECTION 5.38 RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS SITE EVALUATORS AND DESIGNERS, AND AMENDING SECTION 12.30 RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS THE CITY OF ORONO ORDAINS The Municipal Code of the City of Orono is amended by adding Ordinance No , 2nd Series Section I. Chapter 5 of the Municipal Code of Orono is hereby amended by deleting Section 5.37 in its entirety Section 2. Chapter 5 of the Municipal Code of Orono is hereby amended by deleting Section 5.38 in its entirety Section 3. Chapter 12 vvf ‘he Municipal Code of Orono is hereby amended by amending Section 12 30 Subd 2, Def 10 / i ,\s follows i."Standard System" - An individual on-site sewage treatment system er'c..n!ng a building sewer, sewage tanks, and the soil treatment system, consisting of trend jt jrAjcs, or mounds which are constructed on original soil which has a percolation rate equal to c " *ier than 120 minutes per inch and is constructed according to MPCA and City of Orono codes Section 4. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd. 2, Def 10(a) ii as follows: ii "Alternative System" - Alternative systems include modified standard systems (seepage beds-, curtain drained systems and systems located in filled or compacted soils), reduced area systems (aerobic tanks, separated toilet waste and greywater systems and seasonal use systems), advanced alternative systems (mounds, with percolation rates slower than 120 mpi minutes per inch, collection systems, other systems such as toilet waste treatment devices, etc), and holding tanks Alternative systems when feasible must be constructed according to MPCA and City of Orono codes Section 5. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd 2, Def 10(c) ii as follows ii ’’ Conforming System" "Compliant System" - A system which does not meet all the location, design and construction standards of the current City codes, but was installed according to the code ;* effect at the time of installation, and which is operating satisfactorily by treating and disposing of the entire current sewage input without discharging any pollutants into ground or surface w aters. 1 k... Section 6. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd 2, Def 10(c) iii as follows iii "Non -Conforming System" "Non-Compliant System" - A prohibited system, a system located within a designated 100-year flood plain, any system which mav or mav not meet all the location, design, or construction standards of the current Citv codes and which is failing for any reason, and any system with less than 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics Section 7. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd 4 D 1 as follows 1 "Alternative systems" shall not be permitted e.xcept by variance The permit application must include an explanation why a "standard system" is not feasible, include evidence that the proposed method of treatment w ill be effective, and provide a monitoring plan to confirm that the system is functioning properly Section 8. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd 4 F as follow s F Building Permit Applications No building permit shall be issued by the City for any new building which that will be connected to a rrew m on-sitc sewage treatment system until the site evaluation report and an on-site system design specification s as required by the MPCA Regulations Chapter 708 0 and the City Code have has been reviewed and approved bv the City No building permit shall be issued for any construction within a designated drainfield site (within the setback from said drainfield site) until another drainfield site is approved bv the City. Where the construction of additional bedrooms, bathrooms, installation of mechanical equipment. or other factors likely-to -affec-t- mechanical equipment likely to affect the operation of the system can be reasonably anticipated, the installation of a system for such anticipated need shall be required on-site system must be confirmed as beinu of adequate capacity for the anticipated use If expansion or replacement of the on-site system is required, an on-site system design must be approved bv the Citv prior to issuance of the building permit Where construction on an existing building can reasonably be anticipated to increase the sewage output for whatever reason, an alternate site or future expansion area (if available^ must be designated and protected No building permit -sliall be issued unless primary and alternate drainfield sites have been tested and approved No building permit or plumbing permit-^hall be issued by the City for any expansion or-a lteration of a building or use connected to an existing on -site system, until such system has been inspected and certified by the City as being in compliance with this Section —Whenever- the addition of bedrooms or -plumbing-fixturcs, or a change-in the character or intensity of the established use is propo sed, the City may require the review and/or replacement, repair, alteration or expons io n-o f the existing ' system or any port ion thereof - Section 9. Chapter 12 of the N'unicipal Code of Orono is hereby amended by deleting Section 12 30 Subd 4 G and replacing it as follows G_ Conditional Use Permit and Zoning V^ariance Applications No conditional use permit or zoninu variance application shall be approved for a property until the existing on-site sewage treatment system has been confirmed as beinu of adequate capacity for the anticipated use If expansion or replacement of the on-site system is required, an on-site system design must be approved bv the City prior to the approval of a conditional use permit or zoning variance If the change in use intensifies the strength or quantity of flow for the on-site system, an alternate site or future expansion area (if available) must be designated and protected Section 10. Chapter 12 of the Municipal Code ofOrono is hereby amended by adding Section 12.30 Subd 4 H as follows H Subdivision Applications No subdivision, lot division or replattinu for the purpose of creating a new building site, which property includes the use of on-site systems, shall be approved bv the City until a site evaluation report and system design when required has been reviewed and approved, and all existing systems have been inspected and certified bv the City as being in compliance with this Section J_Each new lot which is not further subdividable under the lot area standards of the zoning code, shall have tested and approved primary and alternate drainfield sites 2^Each new lot containing less than 5 acres in dry buildable area shall have tested and approved primary and alternate drainfield sites 3_ For all lots containing less than 5 acres of drv buildable area, the site evaluation report shall also include detailed system design specifications as normally required for building permit applications fL For each proposed lot, drainfield sites and system designs shall be capable of serving a 5 bedroom home (750 GPP Design Flow Rate) y As part of anv subdivision, the owner shall grant to the City in a form approved bv the City a perpetual right of entry to allow for the future inspection of all systems, which right of entry mav be filed in the chain of title for the property. Section II. Chapter 12 of the Municipal Code of Orono is hereby amended by amending the introductory paragraph of Section 12 30 Subd 5 as follows Subd 5 System Design and Construction All system permit applications, site locations, design specifications, construction methods and material specifications shall be according to the minimum standards and criteria listed in MPCA Regulations Chapter 7080 0110 - 70 80 0210 , with the following additional minimum standards Section 12. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd. 5 B 2 as follows 2.Sewage Tanks The minimum sewage tank size requirements are as follows No of Bedrooms Tanks Liquid Capacities (Gall 4 or less 1000+1000 Regardless of garbage disposal use 5 or 6 1250+1000 Regardless of garbage disposal use r 7.8 or 9 10 or more 1500+1500 Regardless of garbage disposal use Sewage tanks shall be sized as "oth er" other establishments per Subp 3 Sec B in MPCA Regulations Chapter 7080 0+^ Section 13. Chapter 12 of the Municipal Code of Orono is hereby amended by amending the heading of Section 12.30 Subd 5 C as follows C Conformity Standards Compliance Standards. Section 14. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd 5C2 as follows 2 WTien an existing code system is repaired, altered, or expanded, such system shall remain a code system Conforming Compliant systems, when repaired shall be upgraded to a code system status whenever such classification is reasonably attainable Section 15. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd 5 C 3 as follows 3 Existing non conforffMng systems non-compliant systems shall be replaced by code systems whenever such classification is reasonably attainable If a code system is not achievable due to soil, water table, or lot limitations, the system may be replaced or repaired such that it becomes a conforming compliant system Section 16. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd 6B as follows B Ow ners Responsibility It shall be the responsibility of each property owner to demonstate that the on-site sanitation device or system on his property is in conformance with all requirements of this Section, that the device or system properly treats and/or disposes of the entire sewage input generated on the property, and that the device or system is adequately and properly maintained at all times The owner is also responsible for the protection of the alternate drainfield site, if designated due to the development of the property or was required to be designated for any other reason Protection of the drainfield site includes, but is not limited to preventing construction of buildings, excavating, filling, or driving across the drainfield site with automobile or heavy machinery traffic Section 17. Chanter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd 6E 1 (b) as follows (b)Regular-pumping Maintenance Pumping No sewage tank shall remain in service without being pumped at least once every’ three years, whether or not measurement indicates a sludge buildup Each existing septic tank shall be pumped at least once within thirty six months of the efl'ective date of this section and thereafter at least once every thirty six months of each succeeding pumping In order to be considered a maintenance pumpout, the manhole or cover section (20 inch diameter minimum) must be removed to allow the complete extraction of the solid materials within the sewage tank The contractor must also determine whether the tanks are watertight and report this information on the pumpout notification Failure to adhere to these requirements will result in the City's rejection of the pumpout notification as a bona fide Maintenance pumpout Section 18. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd 6 E 1(c) as follows (c)System Failure Non-Conforming systems Non-Compliant systems discharging pollutants shall have the sewage tanks regularly pumped to limit or eliminate effluent discharge until satisfactory repairs have been completed Section 19. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd. 7 B 3 as follows 3 Outhouses shall be constructed in accordance with MPCA Regulations Chapter 7080 0210 Subp 4 , except that sealed vault type outhouses shall not be permitted. Section 20. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd 7 B 5 as follows 5 Existing outhouses not conforming to any or all of the above requirements shall be abandoned, filled-in and the superstructure removed within 1 year of notification that a nen- conformity non-compliance exists, but in any ca se not later than 2 years aft er the effcetiv e date of this subdivis ion Section 21. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd 7 D 4 as follows 4 Any existing dwelling, building, or structure required by one or more of the above items to be connected to an on-siie sewage treatment system, but which is not so connected as of the eficctive date of this Subdivision, or which has an existing system that does not conform to minimum setbacks or other requirements of the "RS" zoning district, shall have a new conformi ng on -site sewage treatm ent system compliant on-site sewage treatment system installed within one year of notification that a non -conform ity non-compliance exists, but in an y cas e net lotcf than 2 years after the cflectivc date of this Subdivision Section 22. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd 8 B 4. as follows: 4 Owners of Non -Gonform mg Non-Compliant systems shall be issued orders requiring maintenance, repair, alteration , or replacement —Systcms-found to be no n-conform ing shall be brought up to conforming statu s per Subdivision 5 (c) as follows: (a)Systems located within the Shoreland District found to be nen- oonformi ng non-compliant due solely to lack of 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics, shall be repaired, attcfe d or replaced within a reasonable period of time not to extend past December 31 of the second year following the year in which repair orders are issued, the intent being that at least two full construction seasons (May thru November) shall be allowed for the completion of repairs (b)Systems located outside the Shoreland District found to be non- confornM Bg non-compliant because they ar e cither "foiling" or "prohibited" os defined in Subd. 2 ef this section, shall be repaired, altered or rcplaccd-within 90 days of fcasiblc -but' in no ca se latcf thnw 1 calendar year after the date of the repair order due solely to lack of 3 feet of unsaturated soil ifand between the distribution device and the limiting soil characteristics, shall be repaired or replaced within a reasonable penod cf time not to extend past December 31 of the fifth year following the year ir ^ hich repair orders are issued, the intent being that at least 5 full construction seasons fMav thru November) shall be allowed for completion of repairs (c)Sewage tank s requirmg pumping in order to eliminate a discharge shall be pumped within 48 hours a nd as often as necessary thcfeaftef to eliminat e effluen! dia eharge until system repotfs ore completed- S\ stems founu to be non-conforming because they are either "failing" or "prohibited" as de ined in Subd 2 of this section, shall be repaired or replaced within VO days if ff^asible but in no case later than 1 calendar year after the date of the repair order (dl Sewage tanks requiring pumping in order to eliminate surface discharge shall be pumped within 48 hours and as often as necessary thereafter to eliminate effluent discharge until system repairs are completed Section 23. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd. 8 B 5 as follows 5 Systems required to obtain and maintain a MPCA State Disposal System permit shall meet the requirements of MPCA ftule»-Regulations Chaptei 7080 0300 If the State Permit lapses, orders shall bt issued to cease use of the system w ithin ten (10) days, such use to be discontinued until reinstatement of the State Permit Section 24. Chapter 12 of the Municipal Code of Orono is hereby amended by deleting Section 12.30 Subd. 8 D as follows: D (Godifief’s-Note-------Contractor licensing requirements covered in City Code Chaptc f- 5-) Section 25. This Ordinance shall be published in the THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on this 13th day of May , 1996, by a vote of _____ayes and ______nays ATTEST; Dorothy M Hallin, City Clerk Edward J. Callahan, Jr., Mayor TO:Orono City Council FROM: DATE: Stephen Weckman, On-Site Systems Manager May 9,1996 SUBJECT:Proposed Code Amendment - On-Site Sewage Treatment Systems The State Legislature recently approved the mandatory use of the Minnesota Pollution Control Agency (MPCA) Regulations, Chapter 7080 including a State licensing program for all individual sewage treatment system professionals Due to these changes and the resulting amendment of the MPCA Regulations the City Code must also be amended to make our requirements consistent with theirs The proposed amendment to the Orono Municipal Code is as follows: Section 1. Chapter 5 of the Municipal Code of Orono is hereby amended by deleting Section 5.37 in its entirety. Need or Reasonableness The State amended the On-Site Sewage Treatment Systems Regulations to include State licensing of On-Site Sewage Treatment System contractors while prohibiting local units of government from requiring additional licenses. Section 2. Chapter 5 of the Municipal Code of Orono is hereby amended by deleting Section 5.38 in its entirety. Need or Reasonableness: The State amended the On-Site Sewage Treatment Systems regulations to include State licensing of On-Site Sewage Treatment System Site Evaluators and Designers while prohibiting local units of government from requiring additional licenses Section 3. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd 2, Def 10(a) i as follows i."Standard System" - An ind ividual on-site sewage treatment system employing a building sewer, sewage tanks, and the soil treatment system, consisting of trenches, at-grades. or mounds which are constructed on original soil which has a percolation rate equal to or faster than 120 minutes per inch and is constructed accordinti to MPCA and City of Orono codes Need or Reasonableness: The State amended the MPCA Regulations, Chapter 7080 to include at-grade systems as standard systems and the City Code amendment will make our definition consistent with theirs Section 4. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 2, Def 10(a) ii as follows; ii."Alternative System" - Alternative systems include modified standard systems (seepage beds, curtain drained systems and systems located in filled or compacted soils): reduced area systems (aerobic tanks, separated toilet waste and greywater systems and seasonal use systems), advanced alternative systems (mounds, with percolation rates slower than 120 mpi minutes per inch, collection systems, other systems such as toilet waste treatment devices. etc ); and holding tanks Alternative systems when feasible must be constructed according to MPCA and City of Orono codes Need or Reasonableness:The State amended the MPCA Regulations, Chapter 7080 and the City Code amendment will make our definition consistent with theirs Section 5. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd. 2, Def 10(c) ii as follows. ii.” Conforming Sys tem^ "Compliant System" - A system. which does not meet all the location, design and construction standards of the current City codes. but was installed according to the code in effect at the time of installation, and which is operating satisfactorily by treating and disposing of the entire current sewage input without discharging any pollutants into ground or surface waters r I' I Need or Reasonableness:The State amended the \TPCA Regulations, Chapter 7080 and the City Cede amendment will make our definition consistent with theirs Section 6. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd 2, Def 10(c) iii. as follows; iii."Non -Conform ing Sy stem" "Non-Compliant System" - A prohibited system, a system located within a designated 100-year flood plain, any system which may or may not meet all the location, design, or construction standards of the current City codes and which is failing for any reason, and any system with less than 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics Need or Reasonableness:The State amended the MPCA Regulations, Chapter 7080 and the City Code amendment will make our definition consistent with theirs. Section 7. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd 4 D.l. as follows: 1."/Mtemative systems" shall not be permitted except by variance. The permit application must include an explanation whv a "standard system" is not feasible, include evidence that the proposed method of treatment will be effectiv e, and provide a monitoring plan to confirm that the system is functioning properly Need or Reasonableness.The State amended the MPCA Regulations, Chapter 7080 and the City Code amendment will make our definition consistent with theirs Section 8. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd 4 F. as follows; F. Building Permit Applications No building permit shall be issued by-the City for any new building whieh thai will be connected to a-new an on-site sewage treatment system until the site evaluation report-tmd an on-site system design specificat ions as required by-the MPCA Regulations Chapter 70 80 and the City-Code hove has been reviewed and approved by the City, tin building permit shall be issued for any construction within a desianated drainfield site (within the setback from said drainfield site) until another drainfield site is approved by the City .‘^here the construction of additional bedrooms, bathrooms installation of mechanical equipment; or other factor s likely to affect mechanical equipment likely to affect the operation of the system can be reasonably anticipated, the inatallat ion of a system for such anticipated need shal l be required on-site system must be confirmed as being of adequate capacity for the anticipated use. If expansion or replacement of the on-site system is required, an on-site system design must be approved bv the City prior to issuance of the building permit. Where construction on an existing building can reasonably be anticipated to increase the sewage output for wb -evt**- reason, an alternate site or future expansion area (if available~) must be designated and protected No building pcrmit-shall be issued unless primary and alternate dra inficld sites have been tested and ap pro ved No building permit or plumbing permit shall be issued by the City for an y expan sion or alterat ion of a building or use connected to an existing on -site system, until sueh system has been inspeeted and eenified by the City as being in complianc e with this Section Whenever the add ition of bedroom s or plumbing fixtures, or a change in the-charact er or -intensity of the establ ished use is propo sed, the City mo y require the review and/or i cplaccme nt; repai r, ftlt><ration or expansion of the existing system or any portion thereo f Need or Reasonableness: The State amc'" ^ed the NIPCA Regulations, Chapter 7080 inJ the City Code amendment will make our upgra 'equirements consistent with theirs. The revisions also clarify when on siu ..ystems must be inspected, repaired, or alternate sites designated before improvements to a property are permitted. Section 9. Chapter 12 of the Municipal Code of Orono is hereby amended by deleting Section 12.30 Subd 4 G and replacing it as follows G Conditional Use Permit and Zoning Variance Applications. No conditional use permit or zoning variance application shall be approved for a property until the existinu on-site sewage treatment system has been confirmed as being of adequate capaciu ’ for the anticipated use If expansion or replacement of the on-site system is required, an on-site system design trust be approved bv the City prior to the approval of a conditional use penrit or zoning variance If the change in use intensifies th ^rength or quantity of flow for the on-site system, an alternate site or future expansion area (if available) must be designated and protected. Need or Reasonableness The revisions clarify when on-site systems must be inspected and alternate sites designated for conditional use permits and zoning variance applications Until now we have reviewed the septic systems on a case by case basis since no guidelines were established in the City code Section 10. Chapter 12 of the Municipal Code of Orono is hereby amended by adding Section 12 30 Subd. 4 H as follows: H Subdivision Applications No subdivision, lot division or replatting for the purpose of creatine a new building site, which property includes the use of on-site systems, shall be approved by the City until a site evaluation report and system design when required has been reviewed and approved, and all existing systems have been inspected and certified bv the City as being in compliance with this Section Each new lot which is not further subdividable under the lot area standards of the zonir^^ code, shall have tested and approved primary and alternate drainfield sites. 2_Each new lot containing less than 5 acres in drv buildable area shall have tested and approved primary and alternate drainfield sites For all lots containing less than 5 acres of dr\^ buildable area, the site evaluation report shall also include detailed s\stem design specifications as normally required for building permit applications For each proposed lot, drainfield sites and system designs shall be capable of serving a 5 bedroom home (7 50 GPP Design Flow Rate) As part of any subdivision, the o^ .er shall grant to the City in a form a pproved bv the City a perpetual right of entry to allow for the future inspection of all systems. which right of entry' mav be filed in the chain of title for the property Need or Reasonableness:(This is the language currently in the ordinance as Section 12 30, Subd 4 G, which will now become Subd. 4 H). 8 Section 11. Chapter 12 of the Municipal Code of Orono is hereby amended by amending the introductory paragraph of Section 12.30 Subd 5 as follows; Subd 5. System Design and Construction. All system permit applications, site locations, design specifications, construction methods and material specific.’tions shall be according to the minimum standards and criteria listed in MPCA Regulations Chapter 7080.W40 —7080.0210 , with the following additional minimum standards; Need or Reasonableness. The Slate amended the MPCA Regulations, Chapter 7080 and the City Code amendment will make our terminology consistent with theirs and require fewer revisions in the future Section 12. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd 5 B 2 as follows; 2 Sewage Tanks The minimum sewage tank size requirements are as follows: No ofBedrooms 4 or less 5 or 6 Tanks Liquid Capacities (Gal.1 1000+1000 Regardless of garbage disposal use 1250+1000 Regardless of garbage disposal use 7, 8 or 9 10 or more 1500+1500 Regardless of garbage disposal use Sewage tanks shall be sized as "othcf" other establishments per Subp 3 Sec B’m MPCA Regulations Chapter 7080.^^5© Need or Reasonableness The State amended the MPCA Regulations, Chapter 7080 and the City Code amendment will make our terminology consistent with theirs and require fewer revisions in the future Section 13. Chapter 12 of the Municipal Code of Orono is hereby amended by amending the heading of Section 12 30 Subd. 5 C as follows C.Conformity Standards Compliance Standards Need or Reasonableness The State amended the MPCA Regulations, Chapter 7080 and the City Code amendment will make our terminology consistent with theirs. Section 14. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd 5 C 2 as follows: 2 When an existing code sy stem is repaired , altered; or expanded, such system shall remain a code sy'stem Conforming Compliant systems, when repaired shall be upgraded to a code system status whenever such classification is reasonably attainable Need or Reasonableness:The State amended the MPCA Regulations, Chapter 7080 and the City Code amendment will make our terminology consistent with theirs Section 15. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 5 C 3 as follows 3 Existing non-conforming systems non-comoliant systems shall be replaced by code systems whenever such classification is reasonably attainable. If a code system is not achievable due to soil, water tabic, or lot limitations, the system may be replaced or repaired such that it becomes a conforming compliant system 1 N;.ed or Reasonableness.The State amended the MPCA Regulations. Chapter 7080 and the City Code amendment will make our terminolgy consistent with theirs Section 16. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd. 6 B as follows B Owners Responsibility. It shall be the responsibility of each property owner to demonstate that the on-site sanitation device or system on his property is in conformance with all requirements of this Section, that the device or system properly treats and/or disposes of the entire sewage input generated on the property, and that the device or system is adequately and properly maintained at all times The owner is also responsible for the protection of the alternate drainfield site, if designated due to tl e development of the property or was required to be designated for any other reason Protection of the drainfield site includes, but is not limited to preventing construction of buildinus. excavating, fillinu. or driving across the drainfield site with automobile or heavy machinery traffic Need or Reasonableness:The City Code amendment will make it clear that it is the property owners responsibility to maintain the alternate drainfield site for use in the future. r Section 17. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 6 E.l (b) as follows *il II Maintenance Pumping: No sewage tank shall remain in service without being pumped at least once every three years, whether or not measurement indicates a sludge buildup Each existing septic tank shall be pumped at least once within thirty six months of the effective date of this section and thereafter at least once every thirty six months of each succeeding pumping In order to be considered a maintenance pumpout, the manhole or cover section (20 inch diameter minimum) must be removed to allow the complete extraction of the solid materials within the sewage tank. The contractor must also determine whether the tanks are watertight and report this information on the pumpout notification. Failure to adhere to these requirements will result in the City's rejection of the pumpout notification as a bona fide Maintenance pumpout Need or Reasonableness The State amended the MPCA Regulations, Chapter 7080 and the City Code amendment will make oar terminolgy consistent with theirs. The State amendment also requires all inspections of septic systems by licensed professionals to be compliance inspections For this reason pumpers should identify the conformity of the i-nks during the pumpout since only when empty can a tank compliance inspection be done Section 18. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 6 E. l.(c) as follows: (c)System Failure Non-Conforming aystema Non-Compliant systems discharging pollutants shall have the sewage tanks regularly pumped to limit or eliminate effluent discharge until satisfactory repairs have been completed. Need or Reasonableness:The State amended the MFC A Regulations, Chapter 7080 and the City Code amendment will make our terminolgy consistent with theirs Section 19. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd 7 B 3 as follows 3 Outhouses shall be constructed in accordance with MPCA Regulations Chapter 7080 0210 Subp. 4, except that sealed vault type outhouses shall not be permitted. Need or Reasonableness:The State amended the MPCA Regulations, Chapter 7080 and the City Code amendment will make fewer future revisions necessary. Section 20. Chapter 12 of the Nlunicipal Code of Orono is hereby amended by amending Section 12 30 Subd 7 B.5. as follows 4.Existing outhouses not conforming to any or all of the above requirements shall be abandoned, filled-in and the superstructure remov ed within 1 year of notification that a «©n- eonformity non-< this subdiviaioB . 2 years after the effective date of Need or Reasonableness: The State amended the MPCA Regulations, Chapter 7080 and the City Code amendment will make our terminology consistent with Iheirs and eliminate obsolete requirements Section 21. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12 30 Subd. 7 D 4 as follows: 4.Any existing dwelling, building, or structure required by one or more of the above items to be connected to an on-site sewage treatment system, but which is not so connected as of the effeciive date of this Subdivision, or which has an existing system that does not conform to minimum setbacks or other requirements of the "RS" zoning district, shall have a new eettforming on-site sewage f^cotment sys tem compliant on-site sewage treatment system installed within one year of notification that a non-conformity non-compliance exists , but in any ca se-net later than 2 year s after the cfFcctivc date of this SuMiv iaion Need or Reasonableness: The State amended the MPCA Regulations. Chapter 7080 and the City Code amendment will make our terminology consistent with theirs and eliminate obsolete requirements Section 22. Chapter 12 of the Nfunicipal Code of Orono is hereby amended by amending Section 12 30 Subd 8 B 4. as follows 4, Owners of Non-Conforming Non-Compliant systems shall be issued orders requiring maintenance, repair, alter a tion, or replacement- be brought up to conforming status per Subdivision 5 (c) as follow s (a)Systems located within the Shoreland District found to be non- confonning non-compliant due solely to lack of 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics, shall be repaired,-altcrcd or replaced within a reasonable period of time not to extend past December 31 of the second year following the year in which repair orders are issued, the intent being that at least two full construction seasons (May thru November) shall be allowed for the completion of repairs (b)Systems located outside the Shoreland District found to be nen- conforming non-compliant becau se they arc cither "failing" or "prohibited” as defined in Subd. 2 of this section,- shal l-be-fcp aifed, altered or replaced within 90 day a-of fcaatb lc but in no case later thf« 1 calendar vcor aftcf the date of the repair order, due solely to lack of 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics, shall be repaired or replaced within a reasonable period of time not to extend past December 31 of the fifth year foUowirg the year in which repair orders are issued, the intent being that at least 5 full construction seasons (Mav thru November) shall be allowed for completion of repairs (c)Sewage tanks requiring pumping in order to eliminate a discharge shaH be-ptHBped wtthm 48 hours and as often as necessary thefcartor to eliminate effluent discharge until system repairs arc completed Systems found to be ncn-conforming because they are either "failing" or "prohibited" as defined in Subd 2 of this section, shall be repaired or replaced within 90 days if feasible but in no case late- than 1 calendar year after the date of the repair order Sewage tanks requiring pumping in order to eliminate surface discharge shall be pumped within 48 hours and as often as necessary thereafter to eliminate effluent discharge until system repairs are completed. i Need or Reasonableness: The State amended the MPCA Regulations, Chapter 7080 in that any inspection performed by a licensed inspector must be a compliance inspection . Therefore, the inspection program should then hav e all inspections performed by the City should be compliance inspections to be consistent with the State amended MPCA Regulations, Chapter 7080. The non-compliant systems outside the Shoreland District could be allowed 5 years to make on-site system repairs. By making these changes, the City Code will be consistent with the MPCA Regulations, prevent mixed messages on system inspections, and give the homeowners more time to make the necessary repairs Section 23. Chapter 12 of the Municipal Code of Orono is hereby amended by amending Section 12.30 Subd. 8 B.5 as follows 5.Systems required to obtain and maintain a MPCA State Disposal System permit shall meet the requirements of MPCA Rtdes-Regulations Chapter 7080.0300: If the State Permit lapses, orders shall be issued to cease use of the system within ten (10) days, such use to be discontinued until reinstatement of the State Permit. Need or Reasonableness:The State amended the MPCA Regulations, Chapter 7080 and the City Code amendment will make fewer revisions necessary in the future. Section 24. Chapter 12 of the Municipal Code of Orono is hereby amended by deleting Section 12.30 Subd. 8 D. (Codifier's Note:------Contractor licensing requirements co^»cfcd in City Code Chapter 5.) Need or Reasonableness:The State amended the MPCA Regulations, Chapter 7080 and the City Code amendment will eliminate obsolete requirements. SUMMARY ORDINANCE A SUMMARY OF ORDINANCE NO.______, SECOND SERIES, DELETING SECTION 5.37 OF THE MUNICIPAL CODE RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS CONTRACTORS, AND DELETING SECTION 5.38 RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS SITE EVALUATORS AND DESIGNERS, AND AMENDING SECTION 12.30 RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS. THE CITY OF ORONO ORDAINS: These code changes are part of Chapter 12: Construction Licensing, Permits and Regulation, which is not part of the zoning code. A summary text of the above cited ordinance is approved in the following form: Sections 5.37 and 5.38 regarding licensing of septic system installers and site evaluators have been deleted. Section 12.30 has been revised to include new terminology, and revised section references and definitions to make it consistent with recent changes in the Minnesota Rules, Chapter 7080 regarding sewage treatment systems. Changes have also been made to clarify when on-site systems must be inspected, repaired, or alternate sites designated before improvements to a property are permitted, or in conjuction with CUP and variance applications. Maintenance pumpouts have been more accurately defined and pumping contractors will be required to report on the conformity of tanks at the time they are pumped out. For systems located outside the Shoreland District which are found to be non-confomiing ("non-compliant") only due to the lack of a 3' separation, the Municipal Code w ill allow' a period of 5 years for the completion of repairs. This Ordinance shall be published in the THE PIONEER and THE LAKER and shall be effective immediately. A copy of the full text of Ordinance No.______, second series is available for review at the City of Orono Administrative Office, 2750 Kelley Parkway. Adopted by the City Council of the City of Orono on this 13th day of May , 1996, by a vote of _____ayes and______nays. AITEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor COUNCIL MEETING MAY 13 1996 CITY OF ORONOREQUESTFOR COUNCIL ACTION DATE: May 10, 1996 ITEM NO.: j Department Approval: Name Ron Moorsc Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Volunteer Commission Appointment The Council has held interviews for the vacant position on the Planning Commission. The Council may at this time make the appointment to the Planning Commission for a three year term expiring on March 31, 1999. COUNCIL ACTION REQUEST: Motion to appoint to a three year term on the Planning Commission expiring March 31, 1999, Isv i; COUNCIL MA. liREQUESTFOR COUNCIL ACTION CITY OF ORONO DATE: May 9, 1996 ITEM NO:/ / Administrator Reviewed:Agenda Section:Department Approval: Name Title hem Description: Conditional Offer of Employment for Public Works Maintenance Worker Position When the Public Works Foreman retired in 1995, the decision was made to replace the foreman position with a maintenance position. The selection process for a maintenance worker position has now been completed to the point where staff is recommending a conditional offer of employment to Donald DeBaere. The purpose of the conditional offer of employment is to enable a physical examination and pre-employment drug test to be completed before making the final appointment. Mr. DeBaere has considerable experience in a wide range of public works related activities. These include maintenance and repair of light and heavy equipment and small engines, operation of light and heavy equipment, and installation of water and sewer lines and lift stations. COUNCIL ACTION REQUESTED Motion to authorize a conditional offer of employment to be made to Mr. Donald DeBaere for the Public Works maintenance worker position. COUNCIL MEETING REQUEST FOR COUNCIL ACTION )viAV ^ i 1996 CITVOFORONO DATE: Mav 10, 1996 ITEM NO.: , Department Approval: Name Ron Moorse Title Cit> Administrator Administrator Reviewed:Agenda Section: Cit> Administrator's Report Item Description: Lord Fletcher's Request for Use of Public Parking Lot Lord Fletcher’s restaurant has requested use of a portion of the City's public parking lot in Navarre to provide parking for restaurant staff on weekends during the summer. This is similar to the request approved in 1995. The arrangement generally worked well in 1995. There were a small number of problems that were addressed quickly by Lord Fletcher's when they were made aware of them. The one problem area to be monitored most closely is to ensure the adjacent retail businesses have sufficient parking at all times. There was a problem with this one evening last summer when the lot was used simultaneously for overflow parking by another business. In discussing this problem with Brian WindschitI, Assistant Manager at Lord Fletcher's, he indicated he would keep communication channels open with the various adjacent business owners to address any concerns related to parking. In 1995 Lord Fletcher's requested 40-50 parking spaces. In 1996 they indicate the average use would be between 40 and 60 spaces but initially requested authorization to use up to 75 spaces. Staff is more comfortable with a ma.ximum of 60 spaces vs. 75 spaces. After discussing this with Mr. WindschitI, he indicated the maximum of 60 spaces would be acceptable. The conditions agreed to by Lord Fletcher's and recommended by staff are as follows; 1.The lot will be used Friday nights, Saturday nights and Sundays. 2.The lot will be used only for staff parking and not customer parking. 3.Associates will leave the lot quickly after their shifts and will be careful about noise when leaving. 4.The shuttle buses will use only County Roads 15 and 51 and no residential streets. 5.All vehicles will be out of the lot by 2:00 a.m. Request for Council Action continued Page 2 of 2 May 10, 1996 Lord Fletcher's Request for Use of Public Parking Lot 6.Lord Fletcher's will maintain communication channels with the adjacent business owners to ensure against a lack of parking for those businesses. 7.Lord Fletcher's will do additional patching of the lot as directed by the Public Works Director and will periodically clean up litter from the grass areas on the north and west sides of the parking lot. 8.Lord Fletcher's will use a maximum of 60 spaces. COUNCIL ACTION REQUESTED: Motion to authorize Lord Fletcher's to use the public parking lot in Navarre with conditions as determined by Council. Cord /IctcKcrs ON LAKE MINNETONKA May 8, 1996 City of Orono 2710 Kelley Parkway Orono, Minnesota 55356 Dear Sirs: Please accept this letter us our request for use of the Orono Municipal lot in Navarre. We would like to use the lot on Friday and Saturday from 3:00 pm and later, and on Sunday from 1:00 pm and later from Memorial weekend througli Labor day weekend. We would also request usage on the July 4 holiday weekend. Tlie lot would be used for our associates only, appro.xiinately a ma.xinutm of seventy-five cars. The lot w ould not be advertised for our guests use. We would use the rear poition of the lot, as shown on the enclosed diagram. No loitering would be allowed and Lord Fletchers will maintain the lot by sweeping, patching and marking it. We will also clean the surrounding landscaped areas. Thank you for your consideration in this matter. Any questions, please feel free to contact mea t 471-8513. Cordially. Lord Fletcher’s on Lake Minnetonka Urian WindschitI Assistant General Manager BLW/sah cc: A ’tt' Bell T-TTrr-TT^rrr-* i CO RD. 15 y Lounge Hardware Store Restaurant MUNICIPAL PARKING LOT y ^ Lyric Ave X • '§ tASi<;nAvi;i,Lor 'yyyyy^y//9'i^ 2 /T/'y^yy^' •.U>ni» FLETCIIEIIS ) Wiw^ AtAIN IX>T VALET ONLY wi„sr , .I^KCMOf: 1,01'' WliliKENI) VAI IT r I COUNCIL MEETING REQUEST FOR COUNCIL ACTION MAY 1 3 1996 DATE:bJ96RONO ITEM NO: Department Approval: Name Title Administrator Reviewed:Agenda Section: Item Description: Dan Handlin Request to Acquire City Property to Resolve Non-Conforming Driveway Issue Background In mid-1995 Mr. Dan Handlin and Ms. Nancy Krause purchased the property at 3860 North Shore Drive which is adjacent to a parcel acquired by the city through tax forfeiture. The city parcel includes a wetland area and has a sanitary sewer line running through it. At the time the property at 3860 North Shore Drive was purchased the buyers were advised that the driveway serving the property was non-conforming, in that it extended into the adjacent city parcel. The driveway was installed illegally by a prior owner a number of years ago. The non-conforming driveway created a cloud on the property title. The buyers moved ahead with the purchase without removing the cloud from the title. Rather, $3,000 was placed in escrow to enable the driveway issue to be resolved in one of two ways. Alternative Solutions 1.Find a way to make the current driveway conforming-through either acquiring an ea.sement from the city or acquiring land from the city. 2.Install a new driveway totally on the subject property. Mr. Handlin has indicated he much prefers option one, and has requested the city ’s consideration regarding an easement or land acquisition. Because the city property was acquired through tax forfeiture, the city is not able to provide an easement. The only solution to making the driveway conforming is for the city to reconvey a portion of the tax forfeit parcel back to the County for sale to adjacent property owners of whieh Mr. Handlin is the only eligible buyer. Issues for Consideration In responding to Mr. Handlin ’s request there are three issues for the Council to consider. The first is whether the city should allow a driveway that was constructed illegally-partially on an adjacent property-to remain in its current location. The city generally would not allow such a driveway to remain unless the property owner was able to acquire additional property from an adjacent property owner for a lot line rearrangement that would make the driveway conforming. In this case the city is the adjacent property owner. The .second issue is whether the city should play a direct role in solving the driveway problem by enabling the acquisition of city property to enable the driveway to be conforming. The city generally does not make city property, obtained for a public purpose available to adjacent property owners to address development related issues. The city currently has numerous parcels, many acquired through tax forfeiture; used for stormwater drainage, utilities, and/or Request for Council Action continued page 2 of 2 May 8, 1996 Dan Handlin Request to Acquire City Property to Resolve Non-Conforming Driveway Issue open space; that are adjacent to private properties. Staff periodically receives inquiries regarding whether the city would be interested in selling portions of these properties to adjacent property owners for various reasons. Staff regularly discourage these requests. Because the driveway is located on a portion of the parcel that does not affect the wetland or sewer line, it would be possible to assist Mr. Handlin without adversely affecting the various purposes for which the city acquired the parcel. The third issue is whether the negative impact on the Handlin property caused by relocating the driveway is substantial enough to merit the city assisting in resolving the driveway non ­ conformity. A feasible option available to Mr. Handlin is to move the driveway so that it is totally on his property. Prior to the driveway being located in its current location the driveway servng the garage structures ii. the rear yard was located directly adjacent to the east side of the ho se. This area is now part of the front lawn area. Relocating the driveway to this location is a feasible alternative since this portion of the front yard area is relatively open. It would require the relocation of one large pine tree. Mr. Handlin indicates in his letter that he has substantial concern regarding the disruption this would cause to the natural character of the existing front yard. If the Council finds the negative impact of moving the driveway is of such an extent as to merit the reconveyance of a portion of the city property to Mr. Handlin, staff would recommend four conditions. 1.The portion of the parcel to be reconveyed be minimized. 2.The width of the driveway, particularly at its two ends, be reduced as much as possible. 3. 4. Mr. Handlin bear the cost of any survey and legal work required related to a division of the city parcel and a lot line rearrangement. Mr. Handlin follow through with a lot line rearrangement process to add the parcel to his existing parcel. COUNCIL ACTION REQUESTED Motion to approve/deny Mr. Handlin ’s request to acquire a portion of the city parcel adjacent to his property to bring his existing driveway into conformance. S72832 TO: FROM: Ron Moorsc, City Administrator John Gerhardson, Public Works Director DATE:December 18, 1995 SUBJECT:Driveway Encroachment 3860 North Shore Drive During the summer of 1996,1 received a call from a realtor regarding the driveway location at 3860 North Shore Drive. It seems that over the years there has been encroachment onto adjoining City property for the driveway at the above address. Considerable landscaping has been performed and the new owner is requesting an easement from tlie City to leave the driveway where it is. In my discussions with the realtor, I indicated that because tlie City acquired the property through tax forfeiture tlirough Hennepin County, the City is restricted as to what can be done with the property. We do not have the authority to grant an casement because the property was acquired to be used as a drainage and conservation area. We have an official reque ;t from the new owner to take whatever stops are necessary to grant them an easement. The following are the procedures we would have to follow to allow the driveway to stay where it is: 1.The City must reconvey the property back to Hennepin County by resolution that states the property or part of the property is to be sold to an adjoining property owner. 2.Hennepin County would place a value on the property and if the property owner agreed with the price, it would be a done deal. The other option would be to have the current property owner move the driveway off of City property. An amount was escrowed during the closing to do this in the event an casement or sale could not be accomplished. Isv Nanc) Krause and Dan Maudlin 3860 North Shore Dr Mound, MN 55364 NOV 2 7 1995 November 20, 1995 John R Gerhardson Public Works Director City ofOrono P.O. Box 66 Crvsial Bay, MN 55323-(K)66 * Dear Mr. Gerhardson; Rncloscd is an agreement, made at the time of purchase, between the sellers and us. regarding securing an easement for the dmeway that encroaches on city property, next to 3860 North SItorc Dr. Orono. We respectfully request city council assistance in resolving this issue First, we request a roadway casement, for use of lot 23 (unimproved city property) for the purpose of access to our property via the aforementioned driveway. If an easement is unobtainable for some reason, (within our budget limits), we will seek to purchase the property known as lot 23, block 7, Crystal Bay View Tlic reason we take this action is that unnecessary hardship would result, if we were forced to move the driveway. First, the driveway is the only viable access to our garage. Second, if forced to “rcloca.e" the driveway, beautiful and old trees would have to be cut down Years ago the etirrent driveway entrance was built by the city (or county), to service a pumping station on lots 23, 24. and 25. Prev ious ow ners of our property, used the driv ew ay entrance also. It became common access for the city and owners of what is now our property. On lot 22 (our property), should a new driveway have to be constructed, large mature trees, flowering bushes, rock boulder landscaping, and flower gardens would also have to be destroyed, or uprooted. The cost of doing this, would be more than monetary, for an attractive “years in the making'’ front yard, which is home to various species of birds and squirrels, would be cut up. Quite frankly, there is no other viable access to our garage, and it is unreasonable to destroy these trees, which are testimony to how long this driveway access has been in existence. Tlierc is no longer a pumping station on the projxrty in question, and we arc advised that there is no other use for it than drainage This would not change under our proposal. Wc haM: since been ad\ iscd by the county trustee of the property in question, tltat lot 23 lus been appraised at $6,000.00. It is also the opinion of this individual, that the only way w e can procure legal use of this driveway, is to purchase the entire lot, w hich would require a resolution from llie city of Orono to: A approve rcconvc>ance (in which case they would have to contact the county assessor’s office for the proper forms). B. approve a lot split of lot 23, block 7, Crystal Bay View (according to city procedures), and C if Orono has a housing and rcdc\clopnicnt authority, approve our request tiuit tlicy sell the lot to us, after they buy it from tlie county. The city council resolution should rcdect this process Wc intend to add tlie lot to our homestead lot description, which will further ensure that wc arc not interested in selling off part of the property, or profiting from this process in any other way, than to have legal use of tlie driveway. Please advise us when wc can meet with the city council in order to resolve this issue Thank you for your time and attention. Sincerely, Nancy Krause and Dan Handlin •• . ; 5 _____ , c:: ..-s 4-?f/?✓ ' Vt. �·-¥..•.•• ·--·. l;'�v-1... -.--· .... 1/. ·�?�� » / .ji^ /L-.'7'^ y:;^V4^ /pA-Z^ /' t-^ ly ^ . . y 'C'l. <^y ------ ^^ ^5^-' -ri t'Z-^""" -- ././y X ,/ «—A ^ y^i. (y'r ^(x^ZZyi;^i>'^ c . . //... .<?' '~~y^~/'^y yr /.-r^?=S^2l2i yjy^ x->^ ^^—1—-___Z ,... t. (,,,J_�------ / a, � ft a---c__ •*!i « • *«.:■__________________________ _________________________________ t ♦ * \ . 4 » . - ‘I J., I I• • % \<L -^1- fy . I . I / « «• ♦: . i 3^6'^'^’s' /i :z:j4//7 v' ^•7 / 17 / -----------r^ y.j^LSr^- y ''• C/r-K '/-cr-? i f i- cZ-r <--C^^^ 7S . / O' /, ' /A^'^dctc^o (. -O-. ^ cpc/r"^y r/^s —L «• « «•• • COUNCIL MEETING REQUEST FOR COUNCIL ACTION may 1 i CITY OF ORONO DATE: Mays, 1996 ITEM NO.:/ V Department Approval: Name John R. Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: Public Works 7 Item Description: Tee Marker Signs Orono Golf Course For 1996 we budgeted to replace the tee markers at the Orono Golf Course. We have determined the size, type and style that would be appropriate as well as a cost. The sign panels are 24"x24" sandblasted and painted limestone. The cost for all nine panels installed is $5,304 including ta.x. This price also includes repainting the stone entrance monument. It is recommended to purchase the tee markers from Imaginality Incorporated, 6182 Olson Memorial Highway, Mpls., MN for an amount of $5,304. The amount budgeted was $5,400. COUNCIL ACTION REQUESTED: Motion to approve the purchase of tee markers for the Orono Golf Course from Imaginality Incorporated for an amount of $5,304. COUNCLMEETINQ MAY 1996 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: Mays, 1996 ITEM NO.: ( 5 Department Approval: Name John R. Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: Public Works Item Description: Equipment Purchase Orono Golf Course For 1996 we budgeted to replace the greens mower at the Orono Golf Course. The current mower is a 1986 with a life expectancy of ten years. We have received quotes from the following vendors; North Star Turf 1 Jacobsen Greens King 422 $3,925.18 MTl Toro GRIOOO $5,016.15 It is recommended to purchase one new greens mower from North Star Turf for an amount of $3,925.18 (includes tax). $4,000 was budgeted. COUNCIL ACTION REQUESTED: Motion to approve the purchase of one new greens mower from North Star Turf for an amount of $3,925.18. COUNCIL M&ETINQ MAY 13 1996 REQUEST FOR COUNCIL ACTION CITYOFORONO DATE: May 10, 1996 ITEM NO.: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: 1995 General Fund Budget Summary' and Adjustments The General Fund activities for 1995 resulted in a budget surplus of $206,500. This surplus is due to General Fund e.xpenditures being under budget by 537,000 and General Fund revenues over budget by $169,500. The main reason for actual revenues substantially e.xceeding budgeted revenues is due to building permit and plan review fees substantially e.xceeding budgeted amounts. This was caused by a 40% increase in the City's building permit and plan review fees to be in compliance with the most recent fee schedule called for by the Uniform Building Code. Although the overall General Fund expenditures were under budget, there were several budget expenditure areas that exceeded budgeted amounts.StalT is recommending budget adjustments to address those areas. A listing of these areas and the budget adjustment amounts is as follows: Department Original Amendment Amended Budget Administration $ 180,957 S 4,000 $184,957 Finance 135,587 (5,000)130,587 Legal 86,964 18.450 105,414 Central Services 193,331 1,730 195,061 Police 1,205,459 31,500 1,236,959 Fire Protection 206,479 (20,000)186,479 F.mergency Preparedness 1,852 400 2,252 Streets 472,279 (34,910)437,369 Engineering 13,460 10.600 24,060 Special Services 28,741 11,230 39,971 Contingency 122,050 20,000 (38,000) 104,050 Net Amendments 101 Request for Council Action continued Page 2 of 3 May 10, 1996 1995 Budget Summary and Adjustments A brief explanation of these overages is as follows: A. B Administration. The Administration expenditures exceeded the budgeted amount by $4,000. The main cause of this overage was the mid-year adjustment to the City Administrator’s salary. Funds for this adjustment were budgeted in the Contingency account rather than the Administration account, due to the City Administrator performance evaluation and pay adjustment occurring in mid-year. The budget adjustment required here is to transfer $4,000 from the Contingency account to the Administration account. Legal. The expenditures for legal services were over budget due mainly to substantial assistance related to employment matters such as the MPRS lawsuit. Central Serv ices. The main items causing the expenditures in this account to exceed budgeted amounts were additional expenditures in the Building and Grounds Maintenance account and for LOGIS data processing fees. D.Police. The additional police expenditures arc due to three main items: 1.Additional expenditures related to the resignation of the Police Chief. This included the pay increases for the Acting Police Chief and clerical staff to reflect additional responsibilities as approved by Council. It also reflects additional overtime and part-time officer hours due to operating one position short during the second half of the year. 2.Back pay for part-time officers related to the settlement of a police grievance. 3.Vacation accrual accounting procedures require that any vacation pay provided during the first two months of each year is accrued to the previous year. In prior years, this amount for the Police Department has been approximately $5,000. For 1996. an unusually high amount of vacation was used causing this accrual amount to be increased to $13,000. £Pngineerinti. Engineering expenditures exceeded the budgeted amount by $10,600. This was partially due to work on a Pavement Management Program (PMP). The budget authorized $10,000 from the Contracted Street Maintenance account in the Street Department to be used for PMP work. The ConU-acted Street Maintenance account was in fact held approximately $15,000 under budget for 1995. Request for Council Action continued Page 3 of 3 May 10, 1996 1995 Budget Sununary and Adjustments F.Special Services . The Special Services account expenditures exceeded the budgeted amount by $11,225. This was mainly due to legal and engineering services related to development activities. Because the level of development activity was high in 1995, the legal and engineering serv ices were also high. These expenditures are passed onto the developers in the form of application fees. These additional fees are reflected in the increased level of General Fund revenues. In order to balance these expenditure adjustments in terms of the total budget, it is also necessary to adjust the Street Maintenance, Contingency, and Finance budgets to reflect their actual expenditures being under budget by a combined amount of $77,910, The Street Maintenance expenditures were under budget by approximately $51,000 due mainly to the Street Maintenance Supplies and Contracted Street Maintenance expenditures each being approximately $16,000 under budget and the Equipment Rental expenditures being $12,500 under budget. The Contingency account was under budget by $38,000 due to a low level of expenditures related to the Highway 12 Corridor issue One additional adjustment needed in the General Fund budget is necessary to enable $20,000 to be placed into the Improvement and Equipment Outlay Fund for future fire equipment needs. This can be done by reducing the Fire Expenditure budget by $20,000 and increasing the Contingency budget by $20,000; then transferring the $20,000 from the General Fund Contingency account to the Improvement and Equipment Outlay Fund. COUNCIL ACTION REQUESTED: Motion to approve the budget adjustments and transfers above for the 1995 General Fund budget. *J •0 REQUEST FOR COUNCIL ACTION CITYOFOBONO DATE: Apr 17,1996 ITEM NO: / Department Approval: Name: Chris Miller Title: Asst. Finance Director Administrator Reviewed:Agenda Section: I City Administrator's Report IrM' jItem Description: 1996 First Quarter Revenue and E.xpenditurc Report The following report summarizes the 1996 revenues and expenditures for the first quarter ending March 31, 1996. Summary of Revenues The first quarter revenues in the General Fund total $350,477. This represents approximately 10.5% of the projected revenues for the calendar year of 1996. The revenues are at expected levels, and along w ith beginning fund balances, have adequately funded first quarter expenditures. The City expects to receive one half of its property tax share in July. SummatT of Expenditures The first quarter expenditures in the General Fund total $775,168. This represents approximately 23% of the projected expenditures for the calendar year of 1996. The expenditures paid are generally at expected levels, with a few exceptions being noted in the Governmental Funds Expenditure Report. All Governmental Fund expenditures have been adequately funded by first quarter revenues and beginning fund balances. Council Action Requested Information purposes only, no Council action required, .. . W ^ City of Orono 1996 General Fund Revenue Report As of March 31, 1996 Source of Revenue 1996 Budget YIU Budget 03-31-96 YTD Revenues 03-31-96 Dollar Increase (Decrease) From YTD Budget % Increase (Decrease) Property Taxes 1,647,940 0 0 0 0.00 Licenses 14,650 6,593 1,981 (4,612)(0.70) Permits 170,350 34,070 41,330 7,260 0.21 Intergovernmental 442,630 44,263 42,709 (1.554)(0.04) Charges for Services 915,470 228,868 239,217 10,349 0.05 Fines & Forfeits 61,200 11,016 9,094 (1,922)(0.17) Interest 59,285 11,857 11,920 63 0.01 Miscelbneous 36,230 7,246 4,226 (3,020)(0.42) TOTAL REVENUFiS 3.347.755 343.912 350.477 6.565 0.02 City of OroDO 1996 Governmental Funds Expenditure Report As of March 31,1996 Dollar YW no Increase % 19%Budget Expenditures (Decrease)Increase DeparUnent Budget 03-31-96 03-31-96 From YTD Rudeet (Decrease) OTYCOUNaL Personal Services 16,270 4,068 4,035 (33)-0.80% Supplies & Maintenance 50 13 0 (13)-100.00% Professional Service 8,570 1143 1159 17 0.77% Other Expenses 31,735 11694 12,332 (362)-2.85% TOTAL a IT COUNCIL 56,615 18.917 18,526 (391)-2.07% ADMINISTRATION Personal Services 172,615 41,428 41,485 58 0.14% Supplies & Maintenance 400 100 0 (100)-100.00% Professional Service 3,000 750 829 79 10..56% Other Expenses 9,700 2,910 3,149 139 8.20% TOTAI. ADMINISTRATION __185.715 45,188 45,463 276 0.61% ELECnONS • Personal Service 5,800 0 0 0 0.00% Supplies & Maintenance 50 0 0 0 0.00% Other Expenses 815 0 0 0 0.00% TO! AI. ELECnONS 6,665 0 0 0 0.00% ASSESSING Personal Services 0 0 0 0 0.00% Supplies & Maintenacc 0 0 0 0 0.00% Professional Service 76,160 19,040 19,576 536 2.81% Other Expenses 0 0 0 0 0.00% TOTAI. ASSESSING 76,160 19,040 19.576 536 2.81% r«i tntiirwmt iftAiWiT, mmhn wtna/-'* ' City of Orono1996 Governmental Funds Expenditure Report As of March 31,19% Department HNANCE Personal Services Supplies & Maintence Professional Service Other Expenses TOTAL nNy\NCE 19% j^udgej YID Budget 03-31-96 YTD Expenditures 03-31-96 Dollar Increase (Decrease) From YID Budget % Increase (Decrease) 142,080 31,258 .30,%7 (291)-0.93% 50 13 10 (3)-20.00%) 3,240 0 0 0 0.00%) 2,560 640 806 166 15.86%) 147,9.30 31,910 31,783 (127)-0.40%) LEGAL Professional Service Other Expenses TO! Al. LEGAL 92,080 0 92,080 4,604 0 3321 0 3,321 (1.283) 0 (1.283) -27.87% 0.00% -27.87% CENTRAI. SERVICES Supplies & Maintenance 41100 9,262 8,733 (529)-5.71% Professional Service 6,865 2,060 1067 8 038% Insurance 49,365 49,365 49,165 (200)-0.41% Capita! Outlay 3,080 770 797 27 3.44% Other Expenses 62,080 12,416 12,319 (97)-0.78% TOTAL CENTRAI. SERVICTS 163,490 73,873 7.3,081 (791)-1.07% HUMAN SERVlCFii Other Expenses TOTAL HUMAN SERVICES 1.5,760 1.5,760 3,940 3,940 3,625 3,615 (315) (315) -7.99% -7.99% City of Orono1996 Governmental Funds Expenditure Report As of March 31,1996 Department 1996 Budget YTD Budget 03-31-96 YID Expenditures 03-31-96 Dollar Increase (Decrease) From VID Budget % Increase (Decrease) POLICE Personal Services 994,300 228,689 226,781 (1,908)-0.83% Si^plies & Maintenance 87,400 17,480 17,286 (194)-l.ll% Professional Services 30,970 2,787 2,518 (269)-9.66% Insurances 29,835 29,835 29,604 (231)0.00% Other Expenses 50,380 10,076 10,310 2.34 2.32% Capital Outlay 49,680 40,738 40,802 64 0.16% TO I/\L POLICE 1,242,565 329,605 327,301 (2,304)-0.70% HRE Professional Service 197,465 41,468 40,720 (748)-1.80% TOTAL HRE 197,465 41,468 40,720 (748)-1.80% PLANNING & ZONING Personal Services 290,380 66,787 66,389 (399)-0.60% Supplies & Maintenance 3,500 700 435 (265)-37.83% Professional Services (1)2,500 1,000 1,747 747 74.71% Other E;^'nscs 6,085 1,521 1,507 (14)-0.90% TOTAI. PLANNING & ZONING 302,465 70,009 70,078 70 0.10% City of Orono 1996 Governmental Funds Expenditure Report As of March 31, 1996 Doibr YID YIT)Increase % 1996 Budget Expenditures (Decrease)Increase Department Budget 03-31-96 03-31-96 Prom YID Budget (Decrease) EMERGENCY PREPAREDNESS Supplies & Maintenance 1.100 275 244 (31)-I1.177£ Other Expenses 900 135 110 (25)-18.52% TOTAL LMER. PREPAREDNESS 2,000 410 354 (56)-13.59% ANIMAI, CONTROL Personal Services 12,250 3,063 2,720 (343)-11.199? Supplies & Maintenance 800 80 0 (80)-100.00% Professional Services 1,400 140 50 (90)-64.29% Other Expenses 250 15 0 (IM -100.00% TOTAI. ANIMAI. CONTlTtOL 14,700 3,308 2,770 (538)-16.15% ENGINEERING Professional Service 15,130 0 0 0 0.00% TOT/\L ENGINEERING 15,130 0 0 0 0.00% STREET MAINTENANCE Personal Service 241,850 55,626 55,035 (590)-1.06% Supplies & Maintenance 206,350 28,889 29,087 198 0.68%. Professional Services 0 0 0 0 0.00% Other Expenses 34,760 6,952 6,329 (613)-8.97% TOTAL STREET MAIN-rENANCE 482,960 91,467 90,451 (1.016)-1.11% City of Orono 1996 Governmental Funds Expenditure Report As of March 31,19% Dollar VTD YTD Increase % 1996 Budget Expenditures (Decrease)Increase Department Budget 03-31-96 03-31-96 From YID Budget (Decrease) PARKS &. RECREATION Personal Services 26,770 6,157 4,669 (1.488)-24.17% Supplies & Maintenance 18,800 188 38 (150)-79.71% Professional Service 650 163 182 20 12.15% Other Expenses 5,650 57 82 25 44.41% TOTAL PARKS & RECRFA DON _51,870 6,564 4,971 n.593)-24.27% RECTaiNG Personal Services 1,685 0 0 0 0.00% Supplies & Maintenance 350 0 0 0 0.00% Professional Service 68,120 17,030 16,269 (761)-4.47%. Other Expenses 6,000 0 0 0 0.00%. 10 I/\1. RECYCLING 76,155 17,030 16,269 (761)-4.47%. SPEQAL SERVICES - CONSLTLTING & POLICE Personal Services 8,850 0 0 0 0.00% Professional Services 33,000 1,320 929 (392)-29.66%. TO lAL SPEC SHRVICl-S 41,850 1Ii11!929 (392)-29.66%. SPECIAL PROJEel’S ANT) CONTINGENCIES Personal Services 10,000 0 0 0 0.00% Professional Service 16,000 0 0 0 0.00%. Other Fjcpenses 1,000 0 0 0 0.00%. Transfers 97,500 24,375 24375 0 0.00% Contingency Items 51,670 1,550 1,577 27 1.72% TOTAL SPECL\L PROJECTS AND 176,170 25,925 25,952 27 0.10% CONTINGENCIFi;• TO l AL GENERAL FUND 3.347,755 784,575 775,168 (9.407)-1.20% □k. City of Orono1996 Governmental Funds Expenditure Report As of March 31, 1996 Dollar Department SPECIAL REVENUE FUNDS PARK FUND IMPROVEMENT EQUIP. OUTIJVY BUILDING OUTLAY TOTAL SPECIAL REVENUE RWDS TOTAL GENERAL AND SPEOAI, REVENUE FUNDS DEBT SERVICE 1982 Improvement Bonds 1991 Improvement Bonds 1992 Improvement Bonds Series 1995 Refunding Bonds 1989 Water Improvement Bonds 1989 Sewer Improvement Bonds TO I'AL DEBT SERVICE YTD YTD Increase % 1996 Budget Expenditures (Decrease)Increase Budget 03-31-96 03-31-96 From Y‘1D Budget (Decrease) 217,000 0 0 0 0.W9& 67,380 10,107 10,486 379 X75% 1.35,300 0 0 0 0.00% 419,680 10,107 10,486 379 X75% 3,767,435 794,682 78.5^654 (9,028)-1.14% 20,685 17,582 18,116 5.34 3.04% 404,515 285,992 286,464 472 0.17% 185,885 1.39,414 1.39,917 503 0.36% 47,401 0 0 0 0.00% 4,995 4,995 4,995 0 0.00% 4,885 4,885 4,885 0 0.00% 668,366 452,868 454,377 1,509 0..3.3% WATER OPERATING RJND Personal Service 89,110 20,495 17,582 (2,91.3)-14.21% Supplies & Maintenance 41,150 8,2.30 7,990 (240)-2.92% Professional Services 4,760 476 100 (376)-79.03% Insurance 7,950 7,950 7,858 (92)0.00% Other Expenses 104,760 18,857 17,940 (917)-4.86% TOTAL WATER OPERA IING 1 UND 247,7.30 56,008 51,469 (4,5.39)-8.10% City of Orono1996 Governmental Funds Expenditure Report As of March 31,1996 Department SE>\'ER OPERATING FUND Personal Services Supplies & Maintenance Professional Services Insurance Other Expenses 19% Budget YTD Budget 03-31-96 YTD Eixpenditurcs 03-31-96 Dollar Increase (Decrease) From YTD Budget % Increase (Decrease) 133,845 30,784 24,523 (6,261)-20.34% 48,370 10,158 10,196 38 0..38% 10,495 515 430 (95)-18.12% 10,770 10,770 10,652 (118)0.00%. 508,615 112.068 113,076 1,008 0.83% (1)Includes $1,400 for microfiche on Zoning, Planning Commission files. TOTAL SEWER OPERATING FUND 712,095 174,304 168,877 (5.428)-3.11% GOLF OPERATING FUND Personal Service 69,110 11,058 10,634 (423)-3.83% Supplies & Maintenance 17,435 1,744 2,024 281 16.11% Professional Service 1,640 0 0 0 0.00% Insurance 14,445 14,445 14,438 (7)0.00%. Other Expenses 40,130 6,020 5,534 (485)-8.06% 1OTAL GOLF OPERATING FUND 142,760 33,266 32,631 (635)-1.91% 1989 Water Revenue Bonds Principal Pay.101,180 101,180 101,180 0 0.00%. 1989 Sewer Revenue Bonds Principal Pay.98,820 98,820 98,820 0 0.00% TOTAI. GOVERNMENTAL FUNDS 5,738,386 1,711,128 1,693,008 (18,120)-1.06% (viww I ii may 13 1996 REQUEST FOR COUNCIL ACTION CfTYOFORONO DATE: May 9, 1996 ITEM NO; Department Approval: Name Dorothy Hallin Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval GARBAGE & REFUSE COLLECTOR’S LICENSE: Baldy Sanitation, Inc. 5906 Henry Street Maple Plain Blackowiak & Son Sanitation & Rolloff Service 1195 Sunny field Rd N Mound i Cleanway Sanitation, Inc. P.O. Box 222 Long Lake Woodlake Sanitary’ Service 9813 Flying Cloud Dr Eden Prairie PARADE 7 SPECIAL EVENT PERMIT; David L. McNichols/Bumet Realty Walk-a-thon May 18, 1996, 10:30 - 2:30 p.m. COUNCIL ACTION REQUESTED: Motion to approve listed licenses. CITY OP ORONO P.O. Box 66 Crystal Bayr MN 55323 473-7357 License Year \3 ‘ • /^/96r Date Received 5~/ f! Fee Paid ^Initials garbage & REPOSE COLLECTOR'S LICENSE APPLICATION The unde-signed wishes to operate the indicated business in the City of Orono and herewith makes application for a license to do so. Business/Firm Address 5~9c o r/X/U f 7~/X-r/f/Ly ^ XJ C- __________A'I _ (Street) Business Phone Number (City) (State)(Zip Code) Applicant's Name Address / ////>?/*^ ^/>!*-> (Street) Phone Number '££,1112. V'? 9’ - n. J 3 (City)(State) (Zip Code) Chec)c One:Individual Number of Vehicles to be used in Orono Partnership (_ Corporation Description of Vehicles (attached list if more). Loaded Loaded Yea-Mfor.Gross Wt. Rear Axle Wt.Si.2e/Yard_s License Number ‘7JL. 7/>1 General area of City served ___^--------------------------------------------------------------- Schedule of Collection charges/ datef . ------>7d/>n ------------ ADproxiinatie number of customers in Orono — Q __—----------------------------------- Location of dumping area IN O^mVoR THIS APPLICATION TO BE COMPLETE, YOO MUST ENCLOSE THE FOLLOWING: surety bond in the amount of $1,000. Proof of insurance S^no ooo-S300,000-$50,000, and 10-day cancellation clause. f, flat rate fee, plus $ 15/truck, _an_d_a_$_3_0_._0_^^ iTnTthe owner and operator of the above business and I have paid all license fees LTtaLs required by law. The above information is correct. Applicant 7 ^ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ /?- - - - -- - - Sig(;iature of City Official Date _____________________________________________________________________________________________ \ L CITY OP ORONO P.O. Box 66 Crystal Bay» MN 55323 473-7357 License Year Date Received Fee Paid Initials GAEBAGE t REFOSE COLLECTOR'S LICENSE APPLICATION The undersigned wishes to operate the indicated business in the City of Orono and he«Jfth nXs application for a license to do so. Business/Pinn Blackowiait i Snr Sanitation f.Rnimff ar^<^-r«»gs 11Q5 sunriY^''^^^—N■ Mnund ‘ * (Street) Business Phone Number , (City)(State)(Zip Code) Check One:Individual Partnership Corooration m Number of Vehicles to be used in Orono Licen se Number (SEE ATTACHED) General area of City served _nf Qrnnn FRfnUal^ Schedule of Collection charges/ dates - -(?>Rri ATTACHED.)- - Approximate number of customers in Orono / 25IK2- - - -- Locat'cn of dumping area Hennepin Enerjv Resource ‘ S'o^^VoV ‘THVs'MVLVck7lo7TOircOt^ix''^^rVoo ‘OT enclose THE POLLOHXNG: Surety bond in the amount of $1,000.^ "^clause ^"AnnuaWee is a rar;^roi7e7InroVe7aToV;7the'ab7v ‘e business and license fees anT taxes required' by law. The above informatron is correct. / Ajpplicant Date FOR CITY USB ONLY:After review of application, staff recommends:. Denial Other (specify) . - K _ _ _ __ Signature of CityDffxcial Date . - -* License Year _ _ CITY OF ORONO Date Received P.O. Box 66 Pee Paid 0 Initials J Crystal Bav» MN 55323 473-7357 G;^GE « REPOSE COLLECTOR’S LICENSE APPLICATION • u - -he indicated business in the City o£ Orono andThe undersigned wishes to operate-he tndic herewith makes applicat-on ror « • /r?A^ CLEANWAY SANITATION INCBusxness/Pirm ^ ^ ,ii . in ,^ avf ___________________________- Address________P.u.long LA,__;—(State!(Zip Code) (Street) Business Phone Number ------------------—-■■ flfcb TCHVNLINE RD MAPLE PLAIN. MN bbi^ . I—i-----rzin CodT)----------Address _____________iii—------------------------Tcltv)(State) (Zi-P Coae ) (Street)^^ Phone Number 479-2003 ------------------------------- ChecROne:_______ Xn<^ivi<IunI ----------- Pertnership ^Corporation Number of vehicles to be used in Orono - -1- - - - - - - --- - - - Description of Vehicles (attached list if more): Loaded Loaded Si-'e/Yards License Number v-fw.Mfa'Gross Wt. Rear Axle Wt^SX^e/far--------------------------------- Yea^--------------- —TTZ 90 YM 91220 X994 FORD 27,000 3A,000_ _ ____ _ ___ _ __ _ _ _" 0 Gene"ial area~of City served ----- Schedule of Collection charges/ dates , THURSD^ Aporoximate number of customers in Orono --------50---------— Jcation of dumping area . ii"o'^'^7o7'Ti71i7LVck'TIo'N"T^ BE COMPLETE, TOO MOST ENCLOSE THE POLLOWIN . Surety bone $100,000-33 ^---------------------------------------------------- ____ ^--------------------Date ____________Appiic^t ____________________________________________________________ PO%’CITO*OSB ONLY: After review of application,' J____ Approval --------------- ueniaj.--------------- .------------oate^'^' —------------------------------a^f^ure of 'xty^ffxcial Date CITY OP ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 6 ■ License Year / ^_ _ __ Date Received "f / ^ / •} Cc Fee Paid '^75' ^ Initials garbage & R&OSE COLLECTOR’S LICENSE APPLICATION The unde-signed wishes to operate the indicated business in the City of Orono and herewith makes application for a license to co so. //AoJ l<Kk^--- r/c^c-i /V- ^ Business/Pim AddxeSS^f/I - ■■■----------------------TrTV^)(Sti^eet;_(City) Business Phone Number ^^S / 7--------- />'1 a (State)(Zip Code; /y/rAApplicant's Name /^/ f t- -f)— Address 9^7////■-( 5a _ _ _ _i^^K^rr<^hL (Street) ^ (City; Phone Number _ _ _Y^/~ S~/ 7V._- - - - - -- ' q ;u - ^ S-. \ S^:> 'Y/S ~~ (Zip Code) Partnership Corporation Size/yards -2 0yJi L.1 cense wunaezi / O'-fA r y/^ ^S i II 5 / VAI 9/i'OC Check One: __ _ _ _ Individual - - - Number of ’ hides to be used in Orono Description of Vehicles (attached list if more); Loaded Loaded Vpar Gross wt.Rear Axle Wt. iMi /^.__ /(o,S'0^/O^OO^ _ 57. c?c ’c^ /^/ o General area of City served ______£ZL------------------------------- Schedule of Collection charges/ dates \<r ^ - y^ oo '7 cap . g>0____/^uUl—--------dlil££. ^QDj70xima te number of customers in Orono —-------—--------------------------------— Location of dumping area Clc. frt.¥^sf<r ^rc-ld^n Por.k —>-• r -CT XN^O^m'pOR THIS APPLICATION TO BE COMPLETE, YOO MUST ENCLOSE THE FOLLOWING; surety oond in the amount of $1,000. Proof of insurance $100,000-$300,000-$50,000 , and 10-day cancellation clause. f ® ^le) . $30.00 flat rate fee, plus $15/truck, and a $30.00 transfer fee (i ^p_ _ _ __ ra^^rolTeVand o’peVa’c'oVof the above business and I have paid aXl license fees and taxes required ^ law. The above information is correct. A Applicant // 95 Data for, ^ITY USB ONLY: After review of application, *• ^ Approval __ _ _ _ _ _Denial ( Ifji'rt (juJ) Sji’g'nature of City Official _____ Other (specify) Date PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OF ORONO, MINNESOTA Permit #: Fee: -^50.00 Date Received: Phone Number: Name:I t• /H r (\ /S\^r/^ii 1^' (l^\L Address:Loa<) U he. V City,State, Zip:I ^^ / Location of Parede or Event:A«-vHy U>a5 L<.U t A/' 6r a <>*7 ^^ ^-------------;------: -------: ::——i T“ 7 T7“"^^7 TTl^ __________I n __________________—#j~~r^^- ■ -■■ ^L.>^ ^^rT^Ti Cv A J 0^ ^^ ^A Date of Event:_______ Hours of Event:ia r,Cjr,^t Jjjj P'^ Tvpeof Event:k^ w W 1 I W •^ ^ ^^r -____________________—— b,, /v'Aif lnsu*rance Company: Amount:iribUi di iv-c v>v-^i I ipa* • y •_____________________________________________ __ _________ (Copy of insurance certificate must be submitted with this application) I am aware of all applicable State and other laws regarding parades and spec ial events and will abide by same. I also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the parade of special event approved by the granting of this permit. I understand some events may require off-duty or reserve officers and a fee may be required for thfese services. s/z/f/ Approved Denied: D By: Remarks: 010|^g3c= ••-. • Walk the Line for Saturday, May 18 10:30 a.m.% Students, families, and community residents are encouraged to participate in a 2 mile or 6 mile Walk/Run/Bike-a-Thon for the D.A.R.E. (Drug Abuse Resistance Education) program. The event will start at 10:30 a.m. on Saturday, May 18 in the Long Lake Town Center. Sponsor sheets are available at Burnet Realty and in any of the Orono Schools, but everyone is welcome, with or without a sponsor sheet. D.A.R.E. to Resist Drugs and Violence! 9 s > -< I— UP 3 Q f Apr iffC TXxm 10:30 AM Check Regliter City of Qrcno Check NUnber Dece Heme Qieck Ihfiiiber 51279 51279 CITY COUNTY CREDIT CHIOH 10-Apr-96 CITY COUNTY CREDIT UNION TotelJ Oieck Number 51279 CITY COUNTY CREDIT UNION Check Nuaber 51280 FIRST NATIONAL BANK OF LAKES 51280 S128Q 10-Apr-96 lO-Apr-96 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totele ^eck Number 51280 FIRST NATIONAL BANK OF LAKES Check Number 51281 GREAT WEST LIFE ASSURANCE CO. 51231 lO-Apr-96 GREAT WEST LIFE ASSURANCE CO Totele Check Number 51201 GREAT WEST LIFE ASSURANCE CO Check NWnber 51282 HENNEPIN CO. SUPPORT k COLL 51282 lO-Apr-96 HENNEPIN CO. SUPPORT k COLL Totele Check Number 51282 HENNEPIN CO. SUPPORT k COLL Check Number 51283 HENNEPIN COUimf SUPPORT k COLL 51283 lO-Apr-96 HENNEPIN COUNTY SUPPORT k COLL Totele Check Number 51203 HENNEPIN COUNTY SUPPORT k COLL ChecK Number 51284 ICMA RETIREMENT TRUST - 457 51284 lO-Apr-96 ICMA RETIREMENT TRUST - 457 Totele Check Number 51284 ICMA RETIREMENT TRUST - 457 Check Number 51205 LAW ENFORCMENT LABOR SERVICE 51285 lO-Apr-96 LAW ENFORCMENT LABOR SERVICE ToteIf Check Number 51285 LAW ENFCRCMEITT LABOR SERVICE Check Number 51286 MN DEPT OF REVENUE 51286 lO-Apr-96 MN DEPT OF REVENUE Total* Check Number 51286 MN DEPT OF REVENUE Check Number 51287 MN MUTUAL LIFE 51287 lO-Apr-96 MN MUTUAL LIFE Total* Check Number 51287 MN MUTUAL LIFE Treneection Amount 5.744.00 5.744.00 10.308.96 3.086.91 13.395.87 1.265.00 1.265.00 164.82 164.82 174.50 174.50 100.00 100.00 0.00 0.00 3.006.56 3.006.56 55.00 55.00 Page 1 Commenta SAVINGS W/H k TRANSFQUUa) FIT.FICA.MEDCR W/H FICA.MHJCR CITY SHARE DEFERRED COMP W/H TROfTOH iCQ2€6780 SKREEN IC0262310 DEFERRED COMP W/H UNION DUES W/H STATE TAX W/H DEFERRED COMP W/H t Apr I59€ TVM 10:20 AM Qi«clc Muab«r Omck Nuiter S128S Check Register City of Orono Date MM STATE RETIREMENT - DEF CCMP lO-Apr-90 MN STATE RETIREMENT-DEF CCMP Totals Check Humber 51298 MN STATE R£T:RE>TCrT-DEF CCMP Check Number :’289 S1289 PEBSCO/OBRA lO-Apr-99 Totals Check Number PEBSCO/OBRA 51289 PEBSCO/OBRA Check number 51290 51290 PEBSCO/US CONF OF MAYORS lO-Apr-96 Totals Check Number PEBSCO/US CONF OF MAYORS 51290 PEBSCO/US CONF OF MAYORS Chack Number 51291 S129I 51291 PERA IO-Apr-96 lO-Apr-96 Totals Check Number PERA PERA 51291 PERA Check Number 51292 51292 UNITED WAY lO-Apr-96 Totals Check Number UNITED WAY 51292 UNITED WAY Transaction Amount 150.00 150.00 99.91 99.91 1.500.00 1.500.00 3.738.92 4.891.49 8.630.41 29.00 29.00 Page 2 Comments DEFE.RRED COMP H/H OBRA DEFERRED CCMP W/H USCM DEFERRED CCMP W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H Grand Total 34.315.07 23 Apr 1996 Tue 11:07 AH Check fhinber Check Humber 51365 Check Register City of Orono Date Name 51365 CITY COUNTY CREDIT UNION 24-Apr-96 CITY COUNTY CREDIT UNION Totals Check Number 51365 CITY COUNTY CREDIT UNION Check Ihjnber 51366 51366 51366 FIRST NATIONAL BANK OF LAKES 24-Apr-96 24-Apr-96 Totals Check Number FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES 51366 FIRST NATIONAL BANK OF LAKES Check Number 51367 51367 GREAT WEST LIFE ASSURANCE CO. 24-Apr-96 Totals Check Number GREAT WEST LIFE ASSURANCE CO 51367 GREAT WEST LIFE ASSURANCE CO Check Number 51368 51368 KEN*NE?IN CO. SUPPORT 4 COLL 24-Apr-96 Totals Check Number HENNEPIN CO. SUPPORT 4 COLL 51363 HENNEPIN CO. SUPPORT 4 COLL Check Number 51369 51369 HENNEPIN COUNTY SUPPORT 4 COLL 24-Apr-96 Totals Check Number HENNEPIN COUNTY SUPPORT & COLL 51369 HENNEPIN COUNTY SUPPORT & COLL Check Number 51370 51370 ICMA RETIREMENT TRUST - 457 24-Apr-96 Totals Check Number ICMA RETIREMENT TRUST - 457 51370 ICMA RETIREMENT TRUST - 457 Check Number 51371 51371 LAW ENFORCMENT LABOR SERVICE 24-Apr-96 Totals Check Number LAW ENFORCMENT LABOR SERVICE 51371 LAW ENFORCMENT LABOR SERVICE Check Number 51372 51372 MN DEPT OF REVENUE 24-Apr-9€ Totals Check Number MN DEPT OF REVENUE 51372 MN DEPT OF REVENUE Check Number 51373 51373 MN MUTUAL LIFE 24-Apr-96 Totals Check Number MN MUTUAL LIFE 51373 MN MUTUAL LIFE Transaction Amount 5.744.00 5.744.00 9.921.15 2.921.00 12.842.15 1.165.00 1.165.00 164.82 164.02 184.50 184.50 100.00 100.00 495.00 495.00 2.943.91 2.943.91 55.00 55.00 Page 1 Comments SAVINGS w/H 4 TRANSFERRED FIT.FICA.MEDCR W/H FICA.MEDCR CITY SHARE :-FERRED COMP W/H THCMTON #CO26670O SKREEN #C0262310 DEFERRED COMP W/H UNION DUES W/H STATE TAX W/H DEFERRED COMP W/H aa Apr 1996 Tue 11:07 AM Check Register City of Orono Check Number Date Name Check Number 51374 51374 MN STATE RETIREMENT-DEr COMP 24-Apr-96 MN STATE RETIREMENT-DEF COMP Totals Check Number 51374 MN STATE RETIREMENT-DEF COMP ChccK Number 51375 PEBSCO/OBRA 51375 24-Apr-96 PEBSCO/OBRA Totals Check Number 51375 PEBSCO/OBRA Check Number 51376 PEBSCO/US CONF OF MAYORS 51376 24-Apr-96 PEBSCO/US CONF OF J4AYCRS Totals Check Number 51376 PEBSCO/US CONF OF MAYORS Check Number 51377 PERA 51377 51377 24-Apr-96 24-Apr-96 PERA PERA Totals Check Number 51377 PERA Check Number 51378 PERA LIFE INSURANCE 51378 04-Apr-96 PERA LIFE INSURANCE Totals Check Number 51378 PERA LIFE INSURAIiCB Check Number 51379 UNITED WAY 51379 24-Apr-96 U!U'iED WAY Totals Check Number 51379 UNITED WAY Grand Total .. . Transaction Amount 150.00 150.00 69.34 69.34 1.580.00 1.580.00 3.734.82 4.915.03 8.649.85 264.00 264.00 29.00 29.00 34,436.57 Page 2 Cofrenents DEFERRED COM? W/H OBRA DEFERRED COMP W/H USCM DEFERRED COMP W/H PERA EMPLOYEE W/H PERA CITY SHARE MAY INSURANCE CHARITY DONATIONS W/H 1,- € May 1996 Non 12:46 PM Check Register City of Orono Check Muaber Date Name Check Number 51380 51380 CITY COUNTY CREDIT UNION 08-May-96 CITY COUNTY CREDIT UNION Totals Check Number 51300 CITY COUNTY CREDIT UNION Check Number 51381 FIRST NATIONAL BANK OF LAKES 51381 51381 08-May-96 08-May-96 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totals Check Number 51301 FIRST NATIONAL BANK OF LAKES Check Number 51382 GREAT WEST LIFE ASSURANCE CO. 513S2 08-May-96 GREAT WEST LIFE ASSURANCE CO Totals Check Number 51302 GREAT WEST LIFE ASSURANCE CO Check Number 51303 HENNEPIN CO. SUPPORT & COLL 51383 08-May-96 HENNEPIN CO. SUPPORT & COLL Totals Check Number 51383 HENNEPIN CO. SUPPORT It COLL Check Number 51384 HENNEPIN COUNTY SUPPORT k COLL 51304 08-May-96 HENNEPIN COUNTY SUPPORT k COLL Totals Check Number 51384 HENNEPIN COUNTY SUPPORT k COLL Check Number 51385 ICMA RETIREMENT TRUST - 457 51305 O0-May-96 ICMA RETIREMENT TRUST - 457 Totals Check Number 51385 ICMA RETIREME^r^ TRUST - 457 Check Number 51306 LAW ENFORCMENT LABOR SERVICE 51386 08-May-96 LAW ENFORCMENT LABOR SERVICE Totals Check Number 51386 LAW ENFORCMENT LABOR SERVICE Check Number 51307 MN DEPT OF REVENUE 51307 08-May-96 MN DEPT OF REVENUE Totals Check Number 51387 MN DEPT OF REVENUE Check Number 51380 MN MUTUAL LIFE 51303 O0-May-96 MN MUTUAL LIFE Totals Check Number 51308 MN MUTUAL LIFE Transaction Amount 5,744.00 5,744.00 9,890.78 3.015.34 12,906.12 1.165.00 1,165.00 164.82 164.82 184.50 184.50 100.00 100.00 0.00 0.00 2.896.05 2.896.05 55.00 55.00 Page i Comment s SAVI.NGS W/H k TRANSFERRED FIT, FICA.MEDCR W/H FICA,MEDCR CITY SHARE DEFERRED CCMP W/H THOMTON iC0266780 SKREEN 8C0262310 DEFERRED CCMP W/H UNION DUES W/H STATE TAX W/H DEFERRED COMP W/H 6 Hay 1996Mon 12:46 PM Check RegisterCity of Orono Check Number Date Name Qltek Number 51389 513B9 HN STATE RETIREMENT-DEF COMP 08-May-96 MN STATE RETIREMENT-DEF COMP Totals Check Number 51389 MN STATE RETIREMENT-DBF COMP Check Number '1390 PEBSCO/OBRA 51390 08-May-96 PEBSCO/OBRA Totals Check Number 51390 PEBSCO/OBRA Check Number 51391 PEBSCO/US CCNF OF MAYORS 51391 08-May-96 PEBSCO/US CONF OF MAYORS Totals Check Number 51391 PEBSCO/US CONP OF MAYORS Check Number 51392 PERA 51392 51392 08-May-96 08-May-96 PERA PERA Totals Check Number 51392 PERA Check Number 51393 UNITED WAY 51393 08-May-96 UNITED WAY Totals Check Number 51393 UNITED WAY Grand Total Transaction Amount 150.00 150.00 268.38 268.38 1.580.00 1.580.00 3.672.64 4.818.66 8.491.30 29.00 29.00 33.734.17 Page Comment s DEFERRED COMP W/H OBRA DEFERRED COMP W/H USCM DEFERRED COMP W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H - •Itay 1996 lf«d 6:49 PM Check Register City of Orono Page l Check Number Date Name Qxeck Number 51394 51394 51394 51394 AMERI0A7A 06-May-96 AMERIDATA 06-May-96 AMERIDATA 06-May-96 AMERIDATA Totals Check Number 51394 AMERIDATA Check Number 51395 ASPLUNDH COFFEE 51395 06-May-96 ASPLUNDH COFFEE Totals Check Number 51395 ASPLUNDH COFFEE Check Number 51396 AT fc T CONSUMER PRODUCTS DIV 51396 06-May-96 AT 6 T CONSUMER PRODUCTS DIV Totals Check Number 51396 AT fc T CONSUMER PRODUCTS DIV Check NufTOser 51397 AT&T Check Number 51399 BCA/FORENSIC SCIENCE LAB 51399 06-May-96 BCA/FORENSIC SCIENCE LAB Totals Check Number 51399 BCA7F0RENSIC S^tp^ce LAB Check Number 51400 BEACK,SCOTT 51400 06-May-96 BEACK. SCOTT Totals Check Number 51400 BEACK. SCOTT Check Number 51401 BEIIEFITS DESIGN GROUP 51401 06-May-96 BENEFITS DESIGN GROUP Totals Check Number 51401 BENEFITS DESIGN GROUP Transaction Amount Comments 174.00 1,180.00 58.00 REPAIR STATE HOOKUP STATE ACCESS SOFTWARE CONFIGURE STATE HOOKUP 1,412 00 101.00 101.00 COFFEE 19.55 19.55 CIVIL DEFENSE SIREN 51397 06-May-96 AT&T 9.28 CELL PHONE UTILITY TRUCK 51397 C6-May-96 AT&T 9.28 CELL PHONE UTILITY TRUCK 51397 C6-May-96 AT&T 100.94 CELL PHONE VANG. OMAN 51397 06-May-96 AT&T 38.50 LONG DISTANCE 51397 06-May-96 AT&T 11.02 CELL PHONE-GERHARDSON 51397 06-May-96 AT&T 24.83 LONG DISTANCE Totals Oieck Number 51397 AT&T 193.85 ick Number 51398 AUGIES MOBILE CHEF 51398 06-May-96 AUGIES MOBILE CHEF 40.20 SANDWICHES 51398 06-May-96 AUGIFS MOBILE CHEF 46.18 SANDWICHES Totals Check Number 51398 AUGIES MOBILE CHEF 86.38 510.00 510.00 STATE HOOKUPS 228.00 228.00 GOLF BALLS 2,080.91 2,080.91 MAY COVERAGE - -. . . . .. . * 8 May 1996 Med 8:49 PM Check Check Register City of Orono Page 2 Check Number 51403 51403 51403 BLACKOWIAK k SON 06-May-96 06-May-56 BLACKOWIAK & SON BLACKCWIAK Si SON Total* Check Number 51403 BLACKOWIAX k SON Check Number 51404 BRINKHAUS. JACK 51404 06-May-96 BRINKHAUS, JACK Totals Check Number 51404 BRINKKAUS. JACK Check Number 51405 BUDGET ?'RINTING 51405 51405 06-May-96 06-May-96 BUDGET PRINTING BUDGET PRINTING Totals ^heck Number 51405 BUDGET PRINTING Check Number 51406 CALVIN PRESBYTERIAN CHURCH 51406 O0-May-96 CALVIN *briERIAN CHURCH Totals ChecK Number 11406 CAT.PRESBYTERIAN CH^JRCH Check Number 51407 CDP IMAGING SYSTEMS 51407 51407 51407 06-May-96 06-M^y-S6 06-May-96 CLP IMAGING SYSTEMS CDP IMAGING SYSTEMS O P IMAGING SYSTEMS Totals Check Number 51407 CDP IMAGING SYSTEMS Check Number 51409 CHESWICK, GARY 51408 00-May-96 CHESWICK, GARf Totals Check Number 51408 CHESWICK, GARY Check Number 51409 CHlTiKS LAKLSHCRE A'JTO .409 06-May-96 CHLCiKS LAKESHORE ALTO Totals Check Number 514 09 CHUI.’KS LAKESHORE AUTu Transaction Number Date Name Amount Comment* Check Number 51402 BIFFS INC 51402 06-May-96 BIFFS INC.130.52 BEDERWOOD PARK 51402 06-May-96 BIFFS INC.130.52 SUMMIT BEACH 51402 06-May-96 BIFFS INC.130.52 HACKBERRY PARK 51402 06-May-96 BIFFS INC.b9 48 GOLF COURSE Totals Check Number 51402 BIFFS INC.461.04 40.83 168.58 209.41 45.00 45.00 4.67 8.92 13.59 2.50 2.50 189.88 68.42 189.88 448.18 6.95 6.95 52.12 52.12 GOLF COURSE CITY HALL MILEAGE REIMB. RETURN DATA CARTRIDGES MISC PRINTINGS REFUND OVERPAYMENT MAY LEASE TRANSPARENCY PAPER APRIL LEASE MEALS REIMB. 8169 OIL CHANGE. ELFi 8 May 1996 Med 6:49 PH Check Register- City of Orono Check Mumber Date Name Check Number 51410 51410 CLASSIFIEDS 06-May-96 CLASSIFIEDS Totals Check Number 51410 CLASSIFIEDS Check Number 51411 DB ION. RICK 51411 06-May-96 DENNESON, RICK Totals Check Number 51411 DENNESON, RICK Check NuT±>er 514:2 DEPT OF ADMINISTRATION 51412 51412 06-May-96 06-May-96 DEPT OF ADMINISTRATION DEPT OF ADMINISTRATION Totalc Check Nufl^er 51412 DEPT OF ADMINISTRATION Check Number 51413 B-Z RECYCLING 51413 06-May-96 E-Z RECYCLING Totals Check Number 51413 B-Z RECYCLING Check Number 51414 EARL F, ANDERSON & ASSOC 51414 06-May-96 EARL F. ANDERSON k ASSOC Totals Check Number 51414 EARL F. ANDERSON k ASSOC. Check Number 51415 EAST SIDE BEVERAGE 51415 06-May-96 EAST SIDE BEVERAGE Totals Check Number 5x415 EAST SIDE BEVERAGE Check N'anber 51416 ESI COMMUNICATIONS 51416 51416 51416 06-May-96 06-May-96 06-May-96 ESI COMMUNICATIONS ESI COfOTJNICATIONS ESI COMMUNICATIONS Totals Check Number 51416 ESI COMMUNICATIONS Check Number 51417 ESS BROTHERS k SONS 51417 06-May-96 ESS BROTHEKS k SONS Totals Check Number 51417 ESS BROTHERS k SONS Check Number 51418 tEDEX 5141S 06-May-96 FEDEX Totals Check Number 51418 FEDEX Transaction Amount 7.10 7.10 41.01 41 01 25 68 172.50 198.18 5.422.92 5.422.92 409.75 409.75 270.00 270.00 147.00 108.00 300.50 555.50 276.90 276.90 5.04 5.04 Page 3 Comments AD-'ERTISEMENT MEALS REIMS ZONING FILES PARK COf^USSION FILES APRIL SERVICE STOP SIGNS BEER PM PHONE REPAIR HOOKUP k PERMIT H/S PHONE FOR PERMIT W.S ADJUSTMENT RINGS SHIPPING CHARGES i May Il96 Sad 8:49 PM Check Number Check Re9ister City of Orono Date Name Transaction Amount Comments Page 4 Check Number 51419 51419 FEED RITE CCNTRCLS 06-May-96 FEED RITE CONTROLS Totals Check Number 51419 FEED RITE CCNTRCLS 97.23 97.23 CHLORINE Check Number 51420 FROST. SHERRY R. 51420 06-May-96 FROST. SHERRY R 490.00 PARK COWISSION Totals Check rrumber 51420 FROST, SHERRY R 490.00 Check Number 51421 G 6 K SERVICES 51421 51421 51421 51421 51421 51421 51421 06-May-96 06-May-96 06-May-96 06-May-96 06-May-96 06-May-96 06-May-96 Totals Check Number G & K SERVICES G & K SERVKES G 6 K SERVICES G i K SERVICES G & K SERVICES G 6 K SERVICES G Cl K SERVICES 51421 G Cl K SERVICES 10.28 66.15 4.73 152.28 10.28 48.24 4.73 296.69 RATHBUN STREET EMPLOYEES STEFFENHAGEN FLOOR MATS RAriB'OJ STREET EMPLOYEES STEFFENHAGEN Check Number 51422 GALL'S INC. 51422 51422 06-May-96 06-May-96 Totals Check Number GALL'S INC, GALL'S INC, 51422 GALL'S INC. 138.94 81.94 220.68 PATROL BOOTS GUN LOCK Check Number 51423 GENUINE PARTS CO 51423 06-May-96 Totals Check Number GENUINE PARTS CO 51423 GENUINE PARTS CO 258.14 258.14 MISC PARTS Check Number 51424 GERRING'S CAR WASH 51424 06-May-96 Totals Check Number GERRING'S CAR WASH 51424 GERRING'S CAR WASH 4.00 4.00 CAR WASH TICKETS Check Number 51425 GOPHER STATE CNS-CALL INC. 51425 51425 06-May-96 06-May-96 Totals Check Number GOPHER STATE ONE-CALL INC. GOPHER STATE ONE-CALL INC. 51425 GOPHER STATE ONE-CALL INC 8 75 d.75 17.50 MARCH SERVICES MARCH SERVICES Check Number 51426 H a L MESABI 51426 06-May-96 Totals Check Number H a L MESABI 51426 H a L MESABI 657.49 657.49 LO/DER BOLTS •May 1996 Mad t:49 PM Check Register City of Orono Check Number Date Name Qieck NUn^x 51427 51427 HANSEN,STEVTN C. 06-May-96 HANSEN. STE’/EN C, Total! Check 51427 HANSEN. STEVEN C, Oieck Number 51428 HASEMAN,CAROLE 51428 C€-May-96 HASEMAN. CAROLE Total! Check Number 51428 HASEMAN. CAROLE Check Number 51429 HENNEPIN COUNTY SHERIFF 51429 06-May-96 HENNEPIN COUNTY SHERIFF Total! Check Number 51429 HENNEPIN COUNTY SHERIFF Check Number 51430 HENNEPIN COUNTY TREASURER 51430 51430 06-May-96 06-May-96 HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER Total! Check Number 51430 HENNEPIN COUNTY TREASURER Check Number 51431 HENNEPIN COUIFTY TREAS. 51431 06-May-96 HENNEPIN COUNTY TREAS Totals Check Number 51431 HENNEPIN COUNTY TREAS Check Number 51432 LAKE BUSINESS SUPPLY 51432 06-May-96 LAKE BUSINESS SUPPLY Totals Check Number 51432 LAKE BUSINESS SUPPLY Check Number 51433 LAKESHORE WEEKLY NEWS 51433 51433 06-May-96 06-May-96 LAKESHORE WEEKLY NEWS LAKESHORE WEEKLY NEWS Totals Check Number 51433 LAKESHORE WEEKLY NEWS Check Number 51434 LAWN DETAILERS INC. 51434 06-May-96 LAWN DETAILERS INC Totals Check Number 51434 LAWN DETAILERS INC, Check Number 51435 LEAGUE OF MS CITIES 51435 06-May-96 LEAGUE OF MN CITIES Totals Check Number 51435 LEAGUE OF KN CITIES Transaction Amount 19.00 19.00 30.90 30.40 72.84 72.84 9,971.63 133.00 10.104.63 40.00 40.00 12.14 12.14 67.50 67.50 135.00 2.145.22 2.145.22 40.00 40.00 Page 5 Comments LICENSE REIMB. MILEAGE REIMB BCXDKING FEES-MARCH lOlA LOAN - STEWART MARCH ROOM k BOARD HOMESTEAD APPLICATIONS TYPEWRITER RIBBONS ADVERTISEMENT ADVERTISEMENT APRIL SERVICE 1996 SUBSCRIPTION •May 199€ Mad 8:49 PM Check Register City of Orono Chadc Mumbar Data Name Chack Number S1436 51436 LONG LAKE BIG A AGTO PARTS 06-May>96 LONG LAKE BIG A ALTO PARTS Totals Check Husiber 51436 LONG LAKE BIG A ALTO PARTS Check Aanbar 51437 LONG LAKE POWTR EQUIPMENT 51437 06*May-96 LONG LAKE POWER EQUIPMENT Totals Check Number 51437 LONG LAKE POWER EQUIPMENT Qieck Number 51438 LONG LAKE TRACTOR EQUIPMENT 51438 06-May-96 LONG LAKE TRACTOR EQUIPMENT Totals Check Number 514 38 LONG LAKE TRACTOR EQUIPMENT Check Number 51439 MACQUEEN EQUIPMENT 51439 06-May-96 MACQUEEN EQUIPMENT Totals Check Number 51439 MACQUEEN EQUIPMENT Check Number 51440 MEDICA CHOICE 51440 51440 51440 06-May-96 06-May-96 06-May-96 MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE Totals Check Number 51440 MEDICA CHOICE Check Number 51441 METRO WASTE CONTROL C'^ISSION 51441 51441 51441 0b-Ma>-96 06-May-96 06-May-96 METRO WASTE CONTROL COMMISSION METRO WASTE CONTROL COMMISSION METRO WASTE CONTROL COMMISSION Totals Check Number 51441 METRO WASTE CONTROL COMMISSION Qieck Number 51442 MGCSA 51442 22-Feb-96 MGCSA Totals Check Number 51442 MGCSA Check Number 51443 MICRO AGE 51443 51443 06-May-96 06-May-96 MICRO AGE MICRO AGE Totals Check Number 51443 MICRO AGE Qieck rJumber 51444 MIDWEST ASPHALT 51444 06-May-96 MIDWEST ASPHALT Transact ion Amount 1.14 1.14 17.03 17.03 20.86 20.86 298.20 298.20 262.03 112.29 10.590.71 10.965.03 1.782.00 23.746.00 28.000.00 53.528.00 15.00 15.00 1.733.75 705.32 2.439.07 204.16 Comments U CLAMP SAFETY CHAINS MUFFLER ELGIN BROOM HAY INSURANCE MAY INSURANCE MAY INSURANCE Page 6 SAC CHARGES JUNE SEWER CHARGES MWee PROJ 86-51 FY 88-95 STEFFENHAGEN-SEMINAR TECH SUPPORT NETWORK CARDS WINTER MIX L •May 19U Ked 1:49 PM Check Register City of Orono Check Itumber Date Name Check Number 51444 51444 MIDWEST ASPHALT 06-May-96 MIDWEST ASPHALT Totals Check Number 51444 MIDWEST ASPHALT Check Number 5144S MIDWEST COCA COLA BOTTLING CO 51445 51445 06-May-96 06-May-96 MIDWEST COCA COLA BOTTLING CO MIDWEST COCA COLA BOTTLIW: CO Totals Check Number 51445 MIDWEST COCA COLA BOTTLING CO Check Number 51446 MILLER.CHRIS 51446 06 -May- 96 MILLER, CHRIS Totals Check Number 5144C MILLER, CHRIS Check Number 51447 MINNEAPOLIS OXYGEN COMPANY 51447 06-May-96 MINNEAPOLIS OXYGEN COMPANY Totals Check Number 51447 MINNEAPOLIS OXYGEN COMPANY Check Number 51448 MINNEGASCO 51448 51448 51448 06-May-96 06-May-96 06-May-96 MINNEGASCO MINNEGASCO MINNEGASCO Totals Check Number 51448 MINNEGASCO Check Number 51449 MN BENEFIT ASSOCIATION 51449 06-May-96 m BENEFIT ASSOCIATION Totals Check Number 51449 MN BENEFIT ASSOCIATION Check Number 51450 MN DEPT OF REVENUE 51450 51450 51450 06-May-96 06-May-96 06-May 96 MN DEPT OF REVENUE MN DEPT OF REVENUE MN DEPT OF REVENLT Totals Check Number 51450 MN DEPT OF REVENUE Check Number 51451 NORTH STAR TURF 51451 06-May-96 NORTH STAR TURF Totals Check Number 51^51 NORTH STAR TURF Check Number 51452 N5P 51452 08-May-96 NSP Transaction Amount 326 37 530 53 186.65 186 25 372.90 25.20 25.20 13.50 13.50 44.91 340.71 1,571.97 1.957.59 74.22 74.22 684.00 443.00 20.00 1,147.00 11.177.00 11.177.00 64.19 Page 7 Comments WINTER MIX POP POP APRIL MILEAGE REIMB MEDICAL OXYGEN GAS CHARGES GAS CHARGES GAS CHARGES MAY COVERAGE APRIL SALES TAX APRIL SALES TAX APRIL SALES TAX LAWN MOWER NSP CHARGES h iMiJRSs I m I Hfty 193€ 1:49 PM Oiftck Check Register City cC Orono Page • Transaction rnimbmt Date Name Amount Comment s Check Ifumber 51452 NSP 514S2 08-May-96 NSP 2.690 44 NSP CHARGES 514S2 09-May-96 NSP 464 45 NSP CHARGES S1452 08-May-96 NSP 1.596.95 NSP CHARGES 51452 08-May-96 NS?142.21 HVTY 12 6 WILi-OW Totals Check Number 51452 NSP 4.958 24 Check ICumber 51453 OFFICE DEPOT 51453 06-May-96 OFFICE DEPOT 122.42 MISC SUPPLIES 51453 06-May-96 OFFICE DEPOT 219.00 VCR TAPES 51453 06-May-96 OFFICE DEPOT 266.01 MISC SUPPLIES 51453 06-htey-96 OFFICE DEPOT 76.68 MESSAGE PADS Totals Check Nuciber 51453 OFFICE DEPOT 684.11 Check Hunber 51454 OLD DUTCH FOODS INC. 51454 06>May-96 OLD DUTCH FOODS INC.35.64 CHIPS Totals Check Number 51454 OLD DUTCM FOODS INC.35.64 Check Number 51455 PENDLETON., JON 51455 06-May-96 PENDLETON, JON 133.60 REFUND CUP APPLICATION Totals Check Number 51*55 PENDLETON, JON 133.60 Check Number 51456 PERA LIFE INSURANCE 51456 06-May-96 PERA LIFE INSURANCE 132.00 MAY INSURANCE 51456 06-May-96 PERA LIFE INSURANCE 132.00 JUNE INSLTIANCE Totals Check Number 51456 PERA LIFE INSURANCE 264.00 Check Number 51457 PERRYS TRUCK REPAIR 51457 06-May-96 PERRYS TRUCK REPAIR 154.43 JET RODDER TOW 51457 06-May-96 PERRYS TRUCK REPAIR 52.50 REPAIRS 8711 51457 06-May-96 PERRYS TRUC< REPAIR 1.733.89 REPAIRS 8427 51457 06-May-96 PERRYS TRUCK REPAIR 1,3ia.02 REPAIRS 8426 Totals Check Number 51457 PERRYS TRUCK REPAIR 3,256.84 Check Number 51458 PIONEER 51458 06-May-96 PIONEER 19.25 PUBLIC HEARING 51453 C6-May-96 PIONEER 47.25 LAND USB APPLICATIONS 51459 06-May-96 PIONEER 16.63 ORD 8146 514S8 06-May-96 PIONEER 16.62 ORD 8146 Totals Check Number 51458 PIONEER 99.75 •Mfty 1996 ll€d 8:49 PM ChecSi Nui^r ChAcii Susiber S14S9 Check Register City of Orono Page 9 Date Name 5I4S9 PRAIRIE OFFSET 06-May<96 PPAIRIE OFFSET Totals Check Number S1459 PRAIRIE OFFSET Check Number 51460 PRO TIRE k EXHAUST Check Number S1461 51461 51461 R.L.YOUNGDAHL k ASSOC. 06-May-96 06-May-96 R.L. YOUNGDAHL k ASSOC R.L. YOUNGDAHL k ASSOC Totals Check Number 51461 R.L. YOUNGDAHL & ASSOC Check Number 51462 REED VENDING 51462 06-May-96 REED VENDING Totals Chtck Number 51462 REED VENDING Check Number 51463 RIOIARDS ASPHALT CO. 51463 06-May-96 RICHARDS ASPHALT CO. Totals Check Number 51463 RICHARDS ASPHALT CO. Check Number 51464 SAHLSTROM, JEAN 51464 06-May<96 SAHLSTROM,’^EAN Totals Check Number 51464 SAHLSTROM. JEAN “ransact icn Amount 1,132 79 1,132.79 Comments TICKETS 51460 06-May<96 PRO TIRE k EXHAUST 21.00 #167 TIRE SERVICE 51460 06-May-96 PRO TIRE k EXHAUST 21.00 #173 TIRE SERVICE 51460 06-May-96 PRO TIRE k EXHAUST 21.00 #172 TIRE SERVICE 51460 06-May-96 PRO TIRE k EXHAUST 82.07 #171 OIL CHANGE.ALIGNMENT Totals Check Number 51460 PRO TIRE k EXHAUST 145.07 -113.00 1.130.00 1.017.00 102.30 102.30 309.28 309.28 145.00 145.00 LIQUOR LIAB. COVERAGE LIQUOR LIAB. COVERAGE CANDY TAC OIL FOR PATCHING REFUND APP #2113 FEE Check Number 51465 SENIOR COMMUNITY SERVICES 51465 06-May-96 SENIOR COMMUNITY SERVICES 3,225.00 2ND QTR SERVICES Totals Check Number 51465 SENIOR COMMUNITY SERVICES 3.225.00 Check Number 51466 SNY'DER DRUG STORES 51466 06-May-96 SNYDER DRUG STORES 61.63 FILM 51466 06-May-96 SNYDER DRUG STORES 2.01 FILM DEVELOPING 51466 06-hay-96 SNYDER DRUG STORES 25.30 CLEANSER. ALB?JMS 51466 C6-May-96 SNYDER DRUG STORES 4.97 FILM DEVELOPING 51466 06-May-96 SNYDER DRUG STORES 4.69 FIL'* DEVELOPING Totals Check Nunu3e r 51*66 SNYDER DRUG STORES «8.60 8 May 1996 Med 8:49 PM Check Re9ister City of Orono Check Number Date Name Check Nuif^er 51467 51467 STA-SAFB LOCKSMITH 06-May-96 STA-SAFB LOCKSMITH Totals Check Number 51467 STA-SAFB LOCKSMITH Check Number 51468 STRBICHERS 51468 06-May-96 STRBICHERS Totals Check Number 51468 STRBICHERS Qieck Number 51469 SUBURBAN TIRE INC. 51469 06-May-96 SUBURBAN TIRE INC Totals Check Number 51469 SUBURBAN TIRE INC Check Number 51470 TENNESSEE VALLEY TECHNOLOGIES 51470 06-May-96 TENNESSEE VALLEY TECHNOLOGIES Totals Check Number 51470 TENNESSEE VALLEY TECHNOLOGIES Check Number 51471 TOLL GAS & WELDING SUPPLY 51471 06-May-96 TOLL GAS 6 WELDING SUPPLY Totals Check Number 51471 TOLL CAS & WELDING SUPPIY Check Number 51472 TOMC2YK,MARK 51472 06-May-96 TOMCZYK, Totals Check Number 514'.4t TOMC2YK, MARK Check Number 51473 TOP SQUADS 51473 06-May-96 TOP SQUADS Totals Check Number 51473 TOP SQUADS Check Number 51474 TOWN & COUNTRY 51474 06-May-96 TOWN & COUNTRY Totals Check Number 51474 TOWN & COUNTRY O.eck Number 51475 TRANS-ALARM INC. 51475 06-May-96 TRANS'ALARM INC Totals Check Number 51475 TRVNS-ALARM INC Check Number 51476 ULTIMATE AWARDS Transaction Amount 70.00 70.00 27.69 27.69 590.95 590.95 16.78 16.78 4'',50 47 50 5.40 5.40 32.95 32.95 963.83 963.83 145.00 145.00 Page 10 Comments REKEY MASTER L'TCK AMMO TIRES GAS CARDS MISC PARTS MEAL<^ RE I MB #176 LAMP SETUP MAY SERVICE INSTALL SECURITY SOFTWARE $ Kay 1996 Wed 9:49 PM Check Register City of Orono Check Date Name deck Number 51476 51476 ULTIMATE AWATDS 06-May-96 ULTIMATE AWARDS Totals Check Number 51476 ULTIMATE AWARDS Check Number 51477 UNIFORMS UNLIMITED 51477 51477 51477 06-May-96 06-May-96 06-May-96 UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFORMS UNLIMITED Totals Check Number 51477 UNIFORMS UNLIMITED Check Number 51478 US WEST COMMUNICATIONS 51478 51478 51478 51478 08-May-96 08-May-96 08-May-96 08-May-96 US WEST COMMUNICATIONS US WEST COMMUNICATIONS US WEST COMMUNICATIONS US WEST COMMUNICATIONS Totals Check Number 51478 US WEST COMMUNICATIONS Check Number 51479 WATERPRO 51479 06-May-96 WATERPRO Totals Check Number 51479 WATERPRO Check Number 51430 WINTER CARPET ONE 51480 51480 06-May-96 06-May-96 WINTER CARPET ONE WINTER CARPET ONE Totals Check Number 51480 WINTER CARPET ONE Check Number 51481 WRIGHT HE^iNEPIN ELECTRIC 1481 06-May-96 WRIGHT HENNEPIN ELECTRIC Totals Check Number 51481 WRIGHT HENIiEPIN ELECTRIC Check Number 51482 WYSOCKI,APRIL 51482 06-May-96 WYSOCKI. APRIL Totals Check Number 51482 WYSOCKI. APRIL Grand Total Tr.,.nsaction Amount 288.62 288.62 77.35 134.15 20.99 232.49 278.11 29.35 68.55 693.17 1.069.18 2.703.35 2.703.35 118.50 2,359.00 2.477.50 18.00 18.00 50.00 50.00 134.629.27 Page 11 Comments RESERVE PLAQUES ALEXANDER-BOOTS PERSELL UNIFORM FARNIOK COLLAR LTRS US WEST CHARGES US WEST CHARGES US WEST CHARGES US WEST CHARGES WATER METERS INSTALL CARPETING INSTALL CARPETING STREET LIGHT BILL REFUND HOME OCC. LICENSE •■•■i.a r tWB—•Ti >T f M It'mmrt^•r ■i■ INFORMATION ITEMS COUNCIL MEETING council meeting may 13 1996 C^TYOFORONO OF 1. 2. 3. 4. 5. 6. 7. 8. 9. INFORMATION ITEMS FOR MAY 13,1996 Highway 12 Sewer Capacity Issues Response to Met Council Requirements Related to the Current MUSA Amendment Application Draft of Comments Regarding the Highway 12 Decision May 6, 1996 Letter from Orono Hockey Boosters RE: Orono Ice Arena. Application No. 2132 May 3, 1996 Letter from West Suburban Mediation Center RE: First Quarter 1996 Report May 2,1996 Letter from Dakota Rail, Inc. RE: Steam Powered Locomotive Excursion Train April 24, 1996 Memo from Tom Kuehn, Finance Director RE: Investment Report for the Year Ended December 31,1995 May 7, 1996 Letter from Popham Haik RE: Christopher Fields v. Minnesota Police Recruitment System/John Starks v. Minnesota Police Recruitment System Orono Planning Commission Meeting Minutes for April 15, 1996 ^*0, 4/^,- .-'H'g C/Ty.^^96 . > TO:Mayor and City Council FROM: DATE: Ron Moorse, City Administrator May 9, 1996 UKf J?•I99S OlTYop SUBJECT:Response to Met Council Requirements Related to the Current MUSA Amendment Application I have attached a letter from Carl Schenk of the Metropolitan Council requesting the city to address three issues as part of the MUSA amendment application. These issues are as follows: 1.Obtain a letter from the city of Long Lake indicating that sufficient sewer capacity is available to accommodate the increased flow from Orono, and that the city is willing to amend the current inter-community agreement to serve the increased flow. 2.A response to the conditions related to the additional 50 "floating" sewer connectio'^'^ for undesignated existing residences. 3.An indication of the city ’s intent regarding submittal of a housing action plan as part of the Liveable Communities Act. The letter from Long Lake is contingent on the results of the sewer metering process which will be completed by late May. I have attached a draft letter to the Met Council responding to Issues 2 and 3. Please review the draft and call me with any comments. The Met Council staff have indicated that if the city can address all three of the issues listed above by June 1 the MUSA application could be forwarded to the Metropolitan Council for approval in late June. •»■' April 25, 1996 Carl Schenk Metropolitan Council Mears Park Centre 2300 East Fifth Street St. Paul. MN 55101 Dear Mr. Schenk; This letter is in response to your letter of March 8, 1996 regarding the City's Comprehensive Plan Amendment application. This letter addresses two issues: 1.The process for administering the 50 "floating" sewer connections. 2.The City ’s intent regarding a housing action plan. The City agrees to the conditions to be met regarding the additional 50 "floating" sewer connections for undesignated existing residences. The connections are to be limited to 50 connections and to existing residences only. Prior to connecting any system or systems directly to a Metropolitan Council interceptor, the City will obtain administrative approval from the Council’s Environmental Services Division to ensure the coimection will be in accordance with the Council’s standards for service and capacity. The City will also provide the Metropolitan Council with an annual report by February 1 that indicates the number of connections made that year, the number of remaining connections and a map indicating the connected residences. The City intends to submit a life cycle and affordable housing action plan by June 30, 1996. The action plan will include action steps the City intends to take to provide for life cycle and affordable housing in Orono. Some of the items the action plan will include are as follows: 1.The City will explore opportunities for cooperative efforts with area communities to addres.s housing needs on a cluster basis. 2.The City will explore programs available through the MHFA and other agencies to provide financial assistance for life cycle and affordable housing efforts. Carl Schenk AprU 25. 1996 Page 2 3. ®BaiFir The City will explore housing program assistance available through Hennepin County staff. 4.The City intends to review its official controls to determine if there are any changes that could reduce the costs of housing. 5.The City intends to become more knowledgeable about the options available for delivering housing programs, i.e. working with non-profit organizations, working with Hennepin County staff, etc. Sincerely, Ronald J. Moorse City Administrator RJM/lsv Metropolitan Working for the Region. Planning for the Future Council 't March 8. 19% Ronald Moorse i 5 1996 City Administrator P.O. Box 66 Crystal Bay, MN 55323-0066 RE: Comprehensive Plan Amendment #6 Dear Mr. Moorse: As our staff indicated to you in the telephone conversation on Friday. March 1. 19%, additional time is necessary to resolve our concerns regarding the potential impact of the proposed plan amendment on "the metropolitan wastewater system. The staffs of the Environmental Service ^d Office of Lx)cal Assistance have reviewed the potential impact of the proposed connection of 190 existing houses and the proposed ice arena on metropolitan interceptors. As Carl Schenk indicated to you. we also discussed the concerns of the City of 1-ong Lake as indicated m their letter of February 21. 19% with Joseph Lynch, city administrator. Flow from a portion of the proposed sewer connections wiU be diverted to a Long Lake trunk sewer that currently serves a portion of Orono and a small portion of Medina under an existing intercommunity agreement. The Council requires assurance that capacity is available in the Long Lake trunk sewer to handle the increased flow from these connections prior to taking any action on the proposed amendment. If this service is not available, the proposed plan amendment may affect the metropolitan s\-stcm. Staff recommends that the City of Long Lake provide a letter to the City of Orono and the Council indicating that the additional capacity is available to handle the increased flow from Orono, and the city is willing to amend the current intercommunity agreement to serve the increased flow. The letter should also indicate that the revised agreement will not affect the current level of service provided lo the City of Medina. (A copy of the amended intercommunity agreement with those cities must be filed with the Council prior to any coimections.) With regard to the city’s request for the allocation of an additional 50 -floating- sewer connections for undesignated, existing residences, there are several conditions that should be met to protect the metropolitan SNStem. Connections are to be limited to 50 connections and to existmg residences only. Prior to connecting any system or systems directly to a Metropolitan Council interceptor, the city should obtain administrative approval from the Council ’s Environmental Services Division to ensure the connection will be in accordance with the Council s standar^ tor service and capacity. The city should also provide the Council with an annual report by February 1st that indicates the number of connections made that year, the number of remaining connections and a map indicating the connected residences. Staff recommends that the City o Orono provide the Council with a letter agreeing to these conditions. To provide the City of Orono with the time necessary to reach an agreement with the City of 230 East Fifth Street St Paul. Minnesota 55101-1634 1612)291-6359 Fax 291-6550 An Equal Opportuuty Employer TDD/TTY 291*0904 Metro Info Line 229-3780 Moorse March 7, 1996 Page 2 Long and respond to the conditions for allocation of the 50 future connections, the Council is extending the review of the city amendment for an additional 60 days until May 17 as provided for under Minn. StaL 15.99 subdJL If the Council receives the above information, within the next few weeks, the staff will be able to complete the review in late April or early May. The Regnal Blueprint indicates the Council win give priority for regional infrastructure investments or expenditure of public dollars to communities that have implemented plans to provide their share of the region’s low- and moderate-income and life-cycle housing opportunities. The city has agreed to participate in the Livable Communities Act, but its goals are general and do not provide a numerical basis for evaluating the city ’s progress. The next step under the Livable Communities A.ct is the preparation of a local Action Pl.an to implement the city ’s housing goals. To clarify the city ’s intentions in the area of housing, the staff recommends that the city indicate in the above letter its intention to submit an action plan in June, the strategy areas that will be included and any cooperative arrangements it may seek with other communities. The Council .*‘i.ff is willing to assist the city and cooperating communities in preparing the Action Plan. TiiC staff would like to discuss this issue with you as we proceed with the review. The staff will continue to review the other sections of the plan amendment for consistency with Council goals and policies. If there are concerns, Carl Schenk will contact you. I look forward to working with you in resolving these concerns. Deputy Director, Housing, Development and Implementation cc:Mike Gaffroa, City of Orono Joseph P. Lynch, City of Long Lake Mary Smith, Council District 3 Ed Bloom, Jim Larsen and Audrey Dougherty, Council staff TO:Mayor and Ci:y Council /fi / COUNCILMEETINQ FROM:Ron Moorse, City Administrator may 1996 DATE:April 29, 1996 CITY OF ORONO SUtalCT:Highway 12 Sewer Capacity Issues Due to numerous questions and concerns that are currently being raised regarding sewer capacity to serve the general Highway 12 area the following information is being provided to clarify a number of items related to sewer capacity. Sewer Flows From Orono Through Long Lake Sewer flows in the Highway 12 area all go through a sewer trunk system that runs through Long Lake to the Metro lift station in Long Lake. The Highway 12 area includes the following sub- areas: A. B. C. D. E. F. G. H. The Orono Schools The light industrial area on the south side of Highway 12 The Hackberry neighborhood The proposed ice arena site The two potential sewer project areas in the north Long Lake area Sugarwoods The Otten Brothers and Wear properties The north Highway 12 development area bounded by Old Crystal Bay Road, Willow Drive a:id County Road 6 The attached map shows each of these areas and an estimate of the number of sewer units currently used and projected for each area. The city of Orono is currently allocated the equivalent of 216 units of sewer flow capacity in the joint sewer system. Approximately one half of this allocation serves the Orono Schools, the li&ht industrial area south of Highway 12, and the Hackberry neighborhood. The remainder of the allocation has been available to be used to serve small scale development as it has occurred in the area. When Orono amended its Comprehensive Plan to allow more intense development in the north Highway 12 area, it was anticipated that the sewer capacity required to serve the projected development would substantially exceed the remaining capacity allocated to Orono in the joint trunk sewer system. Therefore, the city planned for a major sewer expansion project to provide a substantial increase in sewer capacity at the time a substantial development project was proposed in the north Highway 12 area. The remaining allocated capacity that has been available to Orono has enabled relatively small scale development to be served without the necessity of constructing the major sewer expansion project, i.e. the new city facilities, the Orono Schools "Link", Sugarwoods, and the Otten Highway 12 Sewer Capacity Issues April 29, 1996 page 2 Brothers Nursery development. These four developments combined account for 70 units of sewer capacity. However, the currently proposed neighborhood sewer projects and the potential lack of sewer capacity to serve those projects, may require the city to move ahead with the sewer expansion project; even though there is not, at this time, a substantial development proposal in the north Highway 12 area. Sewer Capacity Availability There are three issues related to sewer capacity availability. 1. 2. 1. 2. The joint trunk sewer agreement between the cities of Orono, Long Lake and Medina. The determination of the amount of capacity currently available in the existing joint sewer trunk system. 3.Expansion of the sewer trunk system. Joint Agreement The joint sewer trunk agreement between the cities of Orono, L.^ng Lake and Medina allocates 589 units of sewer capacity between the three cities as follows: Long Lake 291 units Orono 216 units Medina 82 units The city of Medina is at or near its allotted capacity. Based on separate analyses completed by both the city’s consulting engineer and Mike Gaffron, it appears that on the basis of normal or average sewer flows Orono has between 40 and 90 units of allocated capacity remaining in the trunk system. However, Glenn Cook has indicated that during times of high rain fall the "peak" flows may reach or exceed the capacity of the system. This is due to the infiltration and inflow of storm water into the sanitary sewer system. If, based on current metering of sewer flows, there is unused capacity in the system, it may be possible to obtain additional allocated capacity through a renegotiation of the joint agreement. Existing Capacity Although based on normal sewer flows Orono has not used its full allocation of sewer capacity, the city of Long Lake has experienced capacity problems in the trunk system. Highway 12 Sewer Capacity Issues April 29, 1996 page 3 The system is currently being metered to determine the available capacity (if any) in the system at this time, and to determine the level of sewer flows being generated by Orono and Long l-ake respectively. 3.Expansion of the Trunk Sewer System When Orono amended its comprehensive plan to allow development at densities greater than 2 acre residential in the north Highway 12 area, it was anticipated that a substantial increase in sewer capacity would be required to serve the projected development. Funding for this expansion was included in the 1989 Water and Sewer Bond issue in the amount of $600,000. Because the north Highway 12 area has not experienced substantial development to this point, the sewer expansion project has been deferred. We may nov. be at the point where it is necessary to move ahead with the sewer expansion project even though we still do not anticipate substantial development in the north Highway 12 area. This is due to the sewer projects planned for the north Long Lake area (50 units) and the ice arena project (15 units). If the metering of the sewer trunk system indicates significant available capacity, it may still be possible to defer the sewer expansion project until it is needed for a more substantial development project. Additional Issues Related to Sewer Expansion Two additional issues related to sewer expansion are the level of capacity to which the system should be expanded and the method to be used to accomplish the expansion. 1.Future Capacity Needs It is important to ensure the expansion provides sufficient capacity to meet all anticipated needs. This includes capacity needs related to all projected development along north Highway 12--from the Orono Schools property to Brown Road North, and the potential redevelopment of at least a portion of the light industrial area in the southeast quadrant of Old Crystal Bay Road and Highway 12. It may also be prudent to consider whether there is potential for sewered development in the southwest quadrant of Old Crystal Bay Road and Highway 12. The sizing of the trunk expansion should also take into account the city of Long Lake’s anticipated capacity needs, so that if Long Lake has additional capacity needs they can be addressed through a Joint project. 2.Method of Expansion A planned method of expansion is to expand the sewer trunk system through Long Lake to the Metro lift station in Long Lake. This involves the expansion of a number of different sections of the trunk system. Please see the attached map showing the various sections of the trunk system. This can be done either as one large project or on a staged basis. The single project method is the least costly and would be necessary in order for a substantial development to move ahead in the -lorth Highway 12 area. However, in the absence of a large development project, it may be cc.-i effective to address specific bottleneck areas. >• Highway 12 Sewer Capacity Issues April 29, 1996 page 4 For example; the city of Long Lake has indicated the bottleneck area that has caused them to believe there is a capacity problem is located where the sewer line on Watertown Road south of the Burlington Northern Railroad connects to the trunk line running to the Metro lift station. Glenn Cook has indicated this specific bottleneck could be addressed at an estimated cost of $150,000. A.Expansion Alternatives As indicated above, the city ’s plans for the sewer capacity expansion have reflected the expansion of the sewer trunk system through Long Lake to the Long Lake lift station. There is another alternative that was considered but determined to be unacceptable in 1990, but which may merit consideration at this time. The alternative is to direct all new sewer flows down Old Crystal Bay Road to the Metro lift station, the city ’s former sewer plant, adjacent to the French Lake Preserve Park. The reasons this may merit consideration at this time are as follows: 1.) A major reason this alternative was disapproved in 1990 was the fear that having sewer available along the large areas of undeveloped properties adjacent to Old Crystal Bay Road would create pressure for increasing densities beyond the two acre level. Much of the property along Old Crystal Bay Road has, since 1990, been developed at two acre densities, i.e. the Dickey property, the Coffin property, and the area in the northeast quadrant of Watertown Road and Old Crystal Bay Road. Although there several significant properties remaining to be developed, the development density standard has been set for the area. 2.) The potential construction of a two lane roadway south of the Burlington Northern Railroad could result in the city considering whether the property in the southwest quadrant of Highway 12 and Old Crystal Bay Road (between the railroad and Highway 12) should be developed with sewer. If this was to occur, the sewer flows generated by the development could be directed down Old Crystal Bay Road. Local Vs. Regional Issues Although the Metropolitan Council is requiring that the Highway 12 area sewer capacity issues be resolved prior to approval of the city ’s current MUSA amendment, these issues are primarily local issues versus regional issues. The sewer capacity issues relate to local facilities, local agreements, and local decisions. The capacity of the Metro system is only a factor to the extent the MCWS (formerly MWCC) will eventually need to upgrade the capacity of the Metro lift station in Long Lake to accommodate increased local sewer flows. The Metropolitan Council staff have not expressed any concern regarding the impact of increased sewer flows related to the current MUSA amendment on the Metro lift station. The Metro lift station capacity issue was addressed at the time of the city ’s 1987 MUSA amendment which reflected an additional 300-4(X) units of sewer flow. The current amendment, which reflects approximately 70 units of additional sewer flows, will have a comparatively minor impact on the Metro capacity. The existing Metro lift station was designed with the capability of accommodating substantially increased sewer flows through the addition of a third pump. TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator May 9, 1996 meeting AMy 13 1996 ^OFOROt^ SUBJECT:Draft of Comments Regarding the Highway 12 Decision I have attached a draft of comments regarding die Highway 12 decision. These comments include comments developed by Charleen Zimmer of SRF related to the Femdale Road interchange, the extension of Watertown Road, the Watertown interchange, and the level of environmental review. Please review the draft and call me with any comments, particularly concerning any additional issues to be addressed. DRAFT COMMENTS REGARDING THE HIGHWAY 12 DECISION MnDOT has now announced the upgrade alternative for Highway 12 it proposes to carry into an environmental review process, and has provided a 33 day public comment period. The city of Orono’s position regarding the Highway 12 corridor has always been and continues to be that any upgrade of Highway 12 should occur on the existing corridor. The reasoning behind tl.e city ’s position has been documented as part of the Highway 12 Scoping Decision Document record. Feasibility of Upgrade on Current Corridor The city continues to believe an upgrade to Highway 12 on the existing corridor is feasible with manageable impacts. There has never been a concerted effort to develop a creative design concept that can provide for adequate local circulation while enabling a smooth flow of through traffic through Orono and Long Lake. Ironically, at the time MnDOT had prepared an initial design scheme to accomplish those two objectives, which was very cumbersome and lacking in creativity, MnDOT developed the Alternative 6 design which enabled many of the cumbersome elements to be eliminated. However, Alternative 6 also has its own set of disadvantages. Unfortunately the development of the Alternative 6 design also caused MnDOT to stop all efforts at developing a more effective design scheme for handling future traffic on the existing Highway 12 corridor. MnDOT Decision Eliminates Substantial Uncertainty MnDOT ’s decision to select a single alternative for further environmental review has eliminated the uncertainty that for a very long period has clouded many properties adjacent to the many corridor alternatives that have been under consideration. Orono strongly opposes MnDOT considering any additional new alignments in the remaining environmental review phase. If more than one alternative is carried into the environmental review it will re-inject more 1 uncertainty for more property owners and will significantly extend the environmental review process. Consideration of Alternative 6 bv Orono ana Long Lake The cities of Orono and Long Lake participated in a long and arduous mediation process which lead both cities t^' *v4ree to consider the concept of a two lane limited access roadway located somewhere between • urrent Highway 12 and just south of the Burlington Norther Railroad tracks. Throughout the mediation process, Orono reiterated its position that any upgrade of Highway 12 should occur on the current corridor. However, in the interest of finding a solution that had some potential of gaining the support of both cities, and because Long Lake had indicated conceptual support of a two lane roadway located adjacent to or in close proximity to current Highway 12, the city of Orono agreed to consider the concept of a two lane limited access roadway located adjacent to or in close proximity to existing Highway 12. Benefits Provided bv Alternative 6 1.Substantially reduces congestion on current Highway 12. a.) Provides a separate route ^’or through traffic b.) Provides a continuous Pjw of traffic on County Road 6 across Highway 12 c.) Provides easy access from County Road 6 to the two lane freeway d.) Substantially limits traffic flow from the west on Watertown Road e.) Provides for local traffic to use local roads rather than Highway 12 west of downtown Long Lake f.) The location of the two lane limited access roadway adjacent to railroad right-of- way limits the impacts of the roadway to one side of the roadway. Beneficial Design Features of Alternative 6 A.Interchange at County Road 6 and Highway 12 B.Interchange at Wayzata Boulevard and Highway 12 DRAFT COMMENTS REGARDING THE HIGHWAY 12 DECISION C.No access to the two lane roadway except at County Road 6 and Wayzata Boulevard Desien Features Requiring Additional Design Work 1.Connection of Watertown Road to existing Highway 12. 2.Overpass or underpass of Brown Road South by the two lane freeway. 3.Recrossing the Burlington Northern Railroad tracks to get back to the north side, a.) Could this be done between Willow and Old Crystal Bay Road? Could the two lane roadway be kept at grade versus at the lower railroad level until it crosses the railroad just west of the cemetery? Concerns Regarding Alternative 6 1 .Several design features included in the Alternative 6 are not necessary, not cost effective, and have negative impacts that far exceed any benefits. a.)Intercht nge at Femdale Road and 394. This feature is opposed by the city of Wayzata which is the only city that had any potential of benefitting from an interchange. Ferndale Roa l is a minor arterial with a very residential character with numerous residential access points. Although Ferndale does provide a connection between County 6 and Highway 12 it is not a heavily used connection route. The only County Road 6 traffic that would use Femdale to get to 394 would be local Orono traffic. However, there is very limited development and very limited development potential in northern Orono, which means the amount of local traffic generated will remain low. The city of Orono is opposed to any design features that would draw non-local traffic to Femdale Road. Orono opposes construction of an interchange at Femdale Road and TH 12 for the following reasons: DRAFT COMMENTS REGARDING THE HIGHWAY 12 DECISION MnDOT ’s forecasts indicate that the Ferndale ramps will attract about 1,000 additional trips per day. The residents living along Ferndale Road strongly oppose adding additional traffic to a two- lane residential street. The cities of Orono, Wayzata and Plymouth have long-standing commitments to each other and to the Ferndale neighborhoods that Ferndale will not be upgraded to a four-lane roadway. The construction of an interchange at this location may set the stage for a future upgrading of Ferndale Road to four lane. The iravelshed for the Ferndale Road ramps is bounded on the west by Long Lake Road and TH 15, on the east by Broadway Avenue, on the north by CSAH 6, and on the south by Lake Minnetonka. This represents a small travelshed generating a small number of trips. It is most likely that the 1,000 additional trips will divert primarily from TM 101. However, assuming that only half of the trips divert from TH 101, about 500 trips per day would be diverted from TH 12 west of Ferndale. Assuming 2015 Annual Daily Traffic (ADT) at 25-30,000 between Willow Drive and Wayzata Boulevard, the provision of this interchange would affect less than two percent of the daily traffic on TH 12. Based on the above, it does not appear cost-effective to construct the Ferndale interchange given the minimal benefits to the proposed TH 12 transportation system that would result. b.) Extension of Watertown Road. The proposed Watertown Road extension is similar to the Ferndale interchange in that the cost and impacts of the DRAFT COMMENTS REGARDING THE HIGHWAY 12 DECISION improvement are far out of scale with the amount of traffic to be served by the improvements. It appears that the only purpose served by an extension of Watertown Road is to move traffic from current Watertown Road through Long Lake, which has served this traffic for many years, to an alignment that substantially changes the character of a wide swath of land in both Long Lake and Orono. The extension would also significantly impact the Long Lake Creek and adjacent wetland areas. Because the amount of traffic on Watertown Road is not projected to increase substantially, the purpose of the extension again appears to be to move basically existing traffic impacts from one area and group of people to another. It seems to make more sense to leave the impacts where they have been for many years rather than transferring them to a new location, and to a set of property owners who selected their location for the specific reason of avoiding traffic impacts. The portion of Watertown Road in Long Lake is where the most dense development is currently existing and projected. This development generates a significant amount of traffic on the portion of Watertown Road in Long Lake. Because this traffic will remain on existing Watenown Road regardless of a new alignment of Watertown Road, it makes most sense to use scarce resources to improve existing Watertown Road to best serve those who currently use it rather than to build an additional Watertown Road. Orono opposes the extension of Watertown Road on a new alignment for the following reasons: •It requires the acquisition of residential properties and will have long term impacts on remaining residential properties. DRAFT COMMENTS REGARDING THE HIGHWAY 12 DECISION c. •It increases the construction cost of the project when an existing alignment exists which can be used. •It seems apparent from MnDOT’s traffic forecasts that the two- lane limited access bypass accommodates the majority of the traffic which would be diverted from existing TH 12 and would meet the long term traffic needs of the corridor. •Based on the above, it does not appear cost-effective to construct an extension of Watertown Road along a new alignment given the minimal benefits to the TH 12 transportation system that would result. Watertown Road Interchange. The city of Oiono’s objections to the Watertown Road interchange are similar to the city ’s objections to the Watertown Road extension except magnified. Here again, the costs and impacts far exceed any benefits due to relatively low traffic levels both current and projected. As MnDOT staff have indicated in the past, the design of an interchange on a two lane freeway requires either a very long entrance ramp or an additional lane for merging traffic. This would result in a huge and expensive structure that will serve a relatively low volume of traffic. Orono opposes the construction of an interchange with Watertown Road for the following reasons: •We believe a comparison of the cost of this interchange with the amount of traffic predicted to use the interchange would indicate that it would not be cost-effective to construct this facility. It appears that the two-lane limited access bypass provides the DRAFT COMMENTS REGARDING THE HIGHWAY 12 DECISION necessar\' future capacity In the TH 12 corridor without this element. The city of Orono and its residents fear that an interchange such as the one proposed will draw traffic to Watertown Road, causing traffic to grow substantially beyond the amount forecast. This would not be consistent with the land uses along Watertown Road or the city’s comprehensive plan. The initial design and follow up discussions regarding the connection of Watertown Road to Highway 12 involved a new access under the railroad tracks to the east of the existing Highway 12 connection. The intersection between Watertown Road and existing TH 12 could be reconstructed at or near the current location at a more reasonable cost than at the location proposed. We believe the projected volumes could he handled at an at-grade intersection with an acceptable level of service. Alternative 6 will have substantial impacts on properties located on the south side of the Burlington Northern Railroad tracks. 3.The two lane limited access roadway may have an adverse impact on traffic-related businesses due to the high volume of traffic rerouted away from current Highway 12. Orono Opposes Consideration of Additional Alignments It has come to our attention that the city of Long Lake has proposed that either (a) a two-lane, limited access bypass be constructed along the original South (Luce Line) corridor, or (b) a three component TSM alternative using Watertown Road, existing TH 12, and CSAH 6. The city of Orono is strongly opposed to continued study of the South corridor because of strong citizen DRAFT COMMENTS REGARDING THE HIGHWAY 12 DECISION objections to this option and the extent of potential social, economic and environmental impacts inherent in the corridor. Orono has been, and will continue to be strongly opposed to locating a roadway along the south bypass alignment for all of the reasons stated in the Scoping Decision Document. Orono strongly opposes the consideration of any additional new alignments in the remaining environmental review stage. If more than one alternative is carried into the environmental review process it will re-inject more uncertainty for more people and will significantly extend the environmental review process particularly if a south bypass alignment is considered. We oppose further study of the three component TSM alternative for the following reasons; •An alternative similar to this proposal was evaluated during the mediation process we participated in over the last two years. The alternative was found not to meet the transportation needs of the TH 12 corridor. •We are opposed to the upgrading of Watertown Road, a residential street, to accommodate higher volume traffic moving at higher speeds. We do not believe this is compatible with the land uses along Watertown Road nor is it compatible with the city ’s comprehensive plan. As noted in the preceding sections, the city of Orono is opposed to the construction of Watertown along a new alignment with an interchange between Watertown Road and TH 12. •Orono is opposed to an interchange at Femdale Road for the reasons stated in the preceding sections. Level of Environmental Review The city of Orono would support the use of an Environmental Assessment for documenting the environmental impacts of a TSM alternative and/or the two-lane freeway bypass along the railroad as proposed by Mn/DOT. Particularly if the Femdale and Watertown Road 8 DRAFT COMMENTS REGARDING THE HIGHW AY 12 DECISION interchanges and the Watertown Road extension are eliminated from the design. Information provided to date indicates that the environmental impacts are not of a nature to require an EIS for these options. However, should an alternative be pursued on the South Corridor (Luce Line), the City of Orono would request that an EIS be prepared due to the extent of construction on a new alignment and to the potential for very significant social, economic and environmental impacts. We believe that use of an EA could expedite the environmental review process. However, as you know, preparation of an EA does not guarantee that an EIS will not be required. If it is likely that the issues will be significant, as we believe they would be along the South Corridor, preparing an EA would not result in an expedited environmental review process. We urge Mn/DOT to select the environmental review track which will adequately address social, economic and environmental issues while providing for the earliest possible decision on a course of action for the Til 12 corridor. Our residents ".nd businesses, as well as those in the other corridor communities, have suffered enough delays and uncertainties in this process and deserve a thoughtful but efficient decision-making process. Responsibility of MnDOt for Mitigating Impacts Specific Items MnDOT Needs to Review in the Environmental Revi<^-w MAV-06-1996 10524 r04€V BIC.EBPETS0M 612 334 33 P.02 02 ORONO HOCKEY BOOSTERS. INC. BOX 205 LONG LAKE. MN 55355 COUNCIL MEETING CITY OF ORONO May 6, 1996 BY FACSIMILE Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay. MN 55323 Re:Orono Ice Arena Application No. 2132 Dear Jeanne: By this letter, orono Hockey Boosters, Inc. acknowledges and agrees to the tabling of its application for a conditional use permit for an indoor ice arena. That tabling results from MUSA line and sewer capacity issues associated with the proposed arena site. We understand that this tabling will apply until those issues have been resolved. Very truly yours, MFE/pkb Mark Engebrets Mark Engebretson President 475-3460 TOThL P.02 ? wr: WEST SUBURBAN MEDIATION CENTER 1011 First Street South, Suite 200, Hopkins, MN 55343 (612) 933-0005 Fax: (612) 933-6046 May 3, 1996 Mavor and Cilv Council City ot'Orono 2750 Kelley Parkway Orono, MN 55323 Dear Mayor and City Council: COUNCIL MEETING MA CrTY OF ORONO First quaner, 1990, repon for Orono residents, businesses or city statT; 1.Juvenile theft, referred by Operation de Novo, mediated with signed agreement West Suburban Mediation Center was asked to participate in the state-wide Human Rights Pilot Project administered by the State Office of Dispute Resolution. Other mediators are from other community programs such as WSMC, civil coun (Rule 114) roster and special education (Stale Office program). We have been approached to consider a contractual relationship for mediation services in Carv er County which we hope will be developed In 1995. we opened 752 cases, (460 were Housing Court mediations), 668 were mediated or conciliated, 2889 parties served (2597 participants and 292 information and referral). Sincerely, Susan A. Ncls( Executive Director C ' DAKOni RAILIIfC 'IKMin Of THi CHAtOINO MJfFALO" May 2, 1996 COUNCIL MEETING TO:City of Orono City of Spring Park MAt 1996 CITY OF ORONO SUBJ:Steam powered locomotive excursion train. On May 24ih and 25th the Minnesota Transportation Museum train will be operating on Dakota Rail ’s line. The train will generate much public attention and we ask that you alert the police and fire department in your community of this very special event. Thank you for your cooperation in this matter. R6bin L. Rij^ey General Manager 6 CORPORATE OFFICE: 25 Adams St. N.. Hutchinson. MN 55350 612-587-4018 FAX: 612-587-0875 TO:Ron Moorse, City Administrator Mayor Citv Council Members ^UNCIL MEETING FROM: DATE: Tom Kuehi!, Finance Director:tor ' April 24, 1996 ’995 ‘='^OFOf;c.^.o SUBJECT:Investment Report for the Year Ended December 31, 1995 Attachments: A. Investment Portfolio at December 31,1995 B.Investment Interest Earned compared to Revenue Budget 1995 Discussion - The unaudited statement of earned interest for the year ended December 31, 1995 indicates that the City earned $436,334 for the budgeted funds compared to budget­ ed amounts of $302,276 for a favorable variance of $1 j 4,058. An additional $9,568 was earned in non-budgeted funds, for a grand total interest earned of $445,902. This compares with $422,188 of interest earned in 1994. The interest earned from non-budgeted fiinds was for the Stubbs Bay Sewer project. which should be closed out during the 1995 year end adjustments. The average yield for the year was 6.03% compared to 5.76% for 1994, reflecting a continued gradual upturn in interest rates from the past several years of declining rates. The investment portfolio, at cost, on December 31, 1995 was $9,425,372 plus $412,046 at the Trustee for the H.R.A. accounts, for a total of $9,837,418. This compares to a total investment portfolio, at cost, on December 31, 1994 of $7,788,359. The increase of over $2,000,000 was mostly due to the sale of the $1,910,00 of 1995 Refunding Bonds in December, 1995. The increase was short lived as the refunding bond proceeds were ex­ pended by Januarv' 31, 1996. I i Investment Type Mn HFA Rental Housing Mn HFA Rental Housing F.N.M.A. Strip Coupon U.S. Treasury Notes F.N.M.A. St") Coupon Federal Farm Credit Banks F.I.C.O. Strip Coupon Fed Nat Mortgage Assoc Fed Home Loan Bond Fed Home Loan Bond T.V.A. Strip Coupon Fed Nat Mortgage Assoc Fed Home Loan Bond T.V.A. Strip Coupon Fed Home Loan Bond Certificate of Deposit Fed Nat Mortgage Assoc Fed Home Loan Bond Fed Hon.e Loan Bond F.N.M.A. Step-Up F.N.M.A. Step-Up Fed Home Loan Bond Local Govi Bonds F.H.L.B Step-Up Fed Home Loan Bond Certificate of Deposit Certificate of Deposit Fed Home Loan Bond Fed Nat Mortgage Assoc Fed Home Loan Bond Fed Home Loan Bond Fed Home Loan Bond Fed Home Loan Bond Commercial Paper Commercial Paper Commercial Paper Commercial Paper Commercial Paper Money Market Fund Vendor Dain Bosworth Dain Bosworth FBS (Marquette) American NafI Bank FBS (Marquette) First Bank Systems Smith Barney Smith Barney FBS (Marquette) FBS (Marquette) Dain Bosworth Smith Barney Norwest Bank Dain Bosworth Smith Barney First Bank Systems First Bank Systems Smith Barney Smith Barney First Bank Systems Smith Barney Smith Barney Dam Bosworth Dam Bosworth Norwest Bank Norwest Bank Norwest Bank Norwest Bank Norwest Bank Smith Barney Norwest Bank Dain Bosworth Smith Barney Smith Barney Smith Barney Norwest Bank Smith Barney Smith Barney American Nat'l Bank Average Investment Maturity is 39.46 months CITY OF ORONOINVESTMENT PORTFOUOAS OF DECEMBER 31. 1995PurchaseMaturityCoupon Yield To Date Date Rate Maturity Cost Par Value 09/24/91 02/01/98 0.25%8.13%$175,000.00 $175,000.00 09/24/91 08/01/99 0.40%8.27%60,000.00 60.000.00 10/22/91 10/10/96 3.51%9.51%304,200.00 304.200 00 01/28/92 01/31/97 (c)6.25%6.22%390,937.50 400,000.00 05/11/92 08/21/96 8.73%8.73%297,291.00 297,291.00 12/23/92 12/23/96 5.84%5.76%300.000.00 300,000 00 02/16/93 12/06/97 6.30%6.30%267.705 00 267,78500 03/01/93 03/01/96 4.55%4.45%400,437.50 400,000.00 03/15/93 03/12/96 4 27%4.39%99,500.00 100.000.00 04/01/93 04/01/96 4.55%4.48%250,000.00 250,000.00 04/29/93 05/15/97 5.47%5.47%299,227.05 299.227.05 07/21/93 04/12/96 5.60%4.76%204,200.00 200,000.00 07/22/93 07/22/96 4.39%4.33%200,000.00 200.000.00 08/16/93 07/15/97 5.55%5.55%409,770.00 409,770.00 10/21/93 03/22/00 (b)5.00%4.87%251.250.00 250,000.00 11/29/93 11/29/96 5.00%4.93%100.000.00 100,000.00 12/10/93 12/10/98 5 30%5.24%199.906.25 200.000.00 12/22/93 12/22/98 5.40%5.32%300,000.00 300,000.00 12/29/93 12/29/00 5.95%5.66%200.000.00 200,000.00 02/16/94 02/16/96 (a)4.00%4.73%100.000.00 100.000.00 04/15/94 04/15/96 (a)6.15%6.06%100000.00 100,000.00 07/12/94 07/12/96 4.00%4.73%500,000.00 500,000.00 09/26/94 02/01/98 6.90%6.79%50,000.00 50,000.00 12/05/94 08/09/96 (a)6 50%8.71%193,250.00 200,000.00 07/17/95 06/26/98 645%6.35%200.000.00 200,000.00 07/18/95 07/18/97 5.87%5.87%09,352.50 89.352.50 07/19/95 07/18/97 5.07%5.87%09,365.52 89.365.52 07/24/95 07/24/97 5.60%5.69%99,640.63 100,000.00 07/25/95 07/24/98 6.31%6.40%99,546.00 100,000.00 08/10/95 02/09/96 6.90%7.52%249,062.50 250.000.00 08/21/95 08/14/98 6.47%6.46%99,734.30 100.000.00 09/06/95 10/14/98 4.09%6.20%40,107.50 50,000.00 09/19/95 09/19/05 7.39%7.28%100,000.00 100,000.00 12/06/95 01/24/96 5.76%5.76%595,320.67 595.328.67 12/06/95 01/10/96 5.73%5.73%290.337.50 298.337.50 12/28/95 01/10/96 5.43%5.43%359,295.40 359.295.40 12/29/95 01/26/96 5.73%5.73%1,431,624.07 1,431.624.87 12/29/95 01/12/96 5.86%5.86%404,070.63 404,078.63 12/31/95 01/31/96 (c)5.24%5.24%13,109.15 13,109.15 TOTAL $9.837.418.43 _$9.B43^765,29 FOOTNOTES (a)Maturity date shown is the interest step-up date (b)Actual maturity date is shown but interest rate is adjusted quarterly Interest rate shown is the minimum rate (c)Investment held by H.R.A. Trustee for H.R.A. Building Bonds Reserve INVI-iTIUNV-USr I I CITY OF ORONO INTEREST EARNED ON INVESTMENTS COMPARISON WITH BUDGET YEAR ENDED DECEMBER 31,1995 OVER PRIOR (UNDER)YEAR FUND BUDGET ACTUAL BUDGET ACTUAL GENERAL $41,000 $61,994 $20,994 $48,552 PARK 10,000 16,599 6,599 16,130 IMP & EQUIP OUTLAY 0 17,028 17,028 17,695 BUILDING OUTLAY 120,000 138,968 18,968 132,812 1980 IMPROVEMENT BONDS 0 752 752 3,713 1982 IMPROVEMENT BONDS 4,400 3,115 (1.285)3,778 1985 IMPROVEMENT BONDS 8,400 9,007 607 9,721 1992 IMPROVEMENT BONDS 25,800 27,090 1,290 25,639 1991 HRA BLDG BONDS (TRUST)25 326 26,507 1,181 26,200 PERMANENT IMP REVOLVING 0 27,998 27,998 26,750 WATER OPERATING 3,000 5,069 2,069 3,863 WATER REVENUE BONDS 1989 0 0 0 460 SEWER OPERATING 35,400 53,514 18,114 48,850 SEWER REVENUE BONDS 1989 0 0 0 461 SEWER CONSTR 1989 28,950 40,543 11,593 37,117 GOLF OPERATING 0 8,150 8,150 5,581 TOTAL $302,276 $436,334 $134,058 $407,322 NON-BUDGETED iTJNDS HRA BUILDING CONSTR (TRUST)$0 $0 $0 $12 STUBBS BAY SEWER CONSTR 0 9,568 9,568 14,854 TOTAL NON-BUDGETED FUNDS $0 $9,568 $9,568 $14,866 GRAND TOTAL ALL FUNDS $445,902 $422,188 mtmm mimm w M int-earn PRIOR YEAR ACTUAL $48,552 16,130 17,695 132,812 3,713 3,778 9,721 25,639 26,200 26,750 3,863 460 48,850 461 37,117 5,581 $407,322 $12 14,854 $14,866 $422,188 POPHAM HAIKSCHNOBRICH a K aufman , ltd .MAY 8 1996 OCNVCIV. COUOFAOO Tti. 90S-M3-1 200 Miami . Floaioa Tku 9Q9-S30*009C Piper jaffray Tower. Suite 3300 222 South N inth Street MINNEAPOLIS. Minnesota 55402-3336 tel 612-333 4800 • Fax 612-334-0880 WAtMIMOTON. O C TtL 202-S24-S000 I Mrr AP^^ILiAttON ■tiJiNG. C hina TtL 01 1861-91 9S26I Thomas J. Barrett , Esq. D irect dial (612) 334*2676 May 7, 1996 COUNCIL MEETING MA 15 1996 CflY OF ORONO Mr. Ronald Moorse City of Orono 1335 South Brown Road P.O. Box 66 Crystal Bay, Minnesota 55323 Christopher Fields v. Minnesota Police Recruitment System Court File No. EM 93-000218 John Starks v. Minnesota Police Recruitment System Court File No. EM 93-000219 Dear Ron; Enclosed is the response of the plaintiffs to our Submission of Remedies. Please call with questions or to discuss. Very truly yours, Enclosure 082/221149985/7/96 ___I 52711 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE; DISCRIMINATION Christopher Anthony Fields, Plaintiff, vs.Court File: EM93-00218 Minnesota Police Recruitment System, et al.. Defendants, John Starks, vs. PLAINTIFFS’ RESPONSE TO DEFENDANTS’ SUBMISSIONS ON REMEDIES Plaintiff, Minnesota Police Recruitment System, et al., Defendants. Court File No.: EM93-00219 Plaintiffs submit this memorandum in response to the following submissions on the part of Defendants: City of Brooklyn Park and Brooklyn Park Police Department MLiority Education, Recruitment and Hiring Commitment Plan; 2) 3) Response to Court’s Order of November 6, 1995; Submission of the City of Orono in Response to the Order of Judge Solum dated 11/2/95; 4)Submission of the City of Prior Lake in Response to the Order of Judge Solum dated 11/6/95; and 5)Amended Response to Court’s Order of November 6, 1995. Plaintiffs also incorporate by reference in their response the following documents; 1)Plaintiffs ’ Post Trial Memorandum on Remedies and Damages, filed and served on July 28, 1995; and 2)Plaintiffs ’ Reply Brief on Remedies and Damages, filed and served on August 15, 1995. Plaintiffs respectfully request that the Court consider these two documents as part of this response. BACKGROUND The tests utilized in the MPRS battery are heavily based on exclusive use of tests of cognitive abilities. While such tests are of value in police officer selection, there are attributes other than cognitive ability that are also valid for use in selection of police officers, and which have been used to mitigate the adverse impact of cognitive tests while contributing to improved validity by measuring qualities important to the job that are not measured by cognitive tests. In the past ten years there have been significant changes in the types of tests being used for entry level police officer hiring. Advances in psychological testing and in the use of biographical (life history) questions have provided alternatives that have been used to supplement cognitive testing for police officer Jobs. In addition, there have been advances in the use of video-based tests for police officer selection. These alternatives were not in use seventeen years ago when the MPRS testing procedures were developed, but they are in use today. Video-based tests, such as the Front 52111 52711 Line test, published by Ergometrics, and the B-PAD for Police, by the B-Pad Group are in use by many organizations as part of their selection programs for police officers. Other tests. combining cognitive, personality, and/or biographical data, have been found to reduce adverse impact over that found with tests based totally on cognitive tests. While the currently proposed modifications to the MPRS testing procedure appear to result in reduced adverse impact, they result in a selection process that has questionable validity. ‘ The proposed selection process still includes the Watson-Glaser Critical Thinking Appraisal, Form ZM. a test that is sorely out of date, has problematic content, and was abandoned by its publisher due to its content. In addition, as was clearly shown at trial, since the date of the MPRS validity study there have been major changes in the Police Officer job in Minnesota. The study was based on job analysis of the police officer job as it existed prior to the changes. This calls into question the appropriateness of continuing to base use of the test on a seventeen-year- old validity study and job analysis that has been shown not to be relevant for the job as it is structured today. While the modified MPRS procedures may be acceptable for short-term use, these procedures should be replaced with a new test based on a current validity study. With current advances in the test validation field, it may be feasible to use a validity generalization, or test transportability strategy, thus avoiding the expense of conducting a new criterion-related validity study. SPECIFIC RECOMMENDATIONS In addition to the recommendations contained in this Court’s order dated November 6, 1996, and the proposals submitted by Defendants, Plaintiffs recommend the following: 52711 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. il. Adopt a joint hiring goal for all Defendants. Do not exempt any of the individual cities. Direct the larger defendants to make candidate lists and other recruitment tools available to the smaller municipalities, once the larger cities had completed hiring. This way, smaller municipalities such as Orono and Prior Lake would have the benefit of the larger cities resources. Expand the number of organizations listed on Attachment Two (Recruitment Sources) Add, among others, the following organizations: St. Paul NAACP, Minneapolis NAACP; Metro Area NAACP; St. Paul Urban League; Metropolitan State University. Attachment Three (List of Minority and Community Newspapers) Add the following publication: St. Paul Minneapolis Recorder Develop a list of radio stations which reach minority audiences for recruitment purposes This would include the following: KMOJ 104.1 95 Solid Gold Develop a process to interview current minority law enforcement employees to determine their outlook on employment with the Defendant cities and their ideas for getting more minorities into the candidate pool. Develop a process for exit interviews for those minorities who have left or are in the process of leaving employment with the Defendant cities. Determine if any hostile environment factors have played a role in the employee’s decision to leave. Develop a process to interview minority candidates who were offered positions but turned them down. Find out why. Develop connection with the Department of Veterans Affairs and the Veterans Administration as sources of minority candidates. Phase out use of the Watson-Glaser within five years. Replace it with a current cognitive test, or a test with a cognitive component, with demonstrated lower adverse impact. (See discussion in background section, above.) Appoint representatives of the minority community to the MPRS Executive Board as at- large members. Plaintiffs would submit names of six candidates to the court within 30 days of the court’s order. The court would then select the tw-o minority representatives . um/i. - 'I'M r -ii .,.r .-’J 52711 to serve on the board. The MPRS charter would be modified to accommodate these positions. CONCLUSION Finally, Plaintiffs request that the Court retain jurisdiction over this process and that the Defendant Cities be directed to make a full report of their efforts, as outlined in their submissions, and the results of those efforts, eighteen months from the date of the Court ’s order. The parties and/or representatives of the parties would then meet in order to review the results of the recruitment and hiring plans. The court would maintain jurisdiction for purposes of monitoring Defendants’ progress and may order modifications of Defendants’ plans on motion of either party or on its own motion. At that point, the court may retain jurisdiction, or create an oversight committee consisting of one member from a list proposed by Defendants, one member from a list proposed by Plaintiffs and one member of its own choosing. Dated: Respectfully Submitted, REINHARDT AND ANDERSON By: Jeffrey R. Anderson, #205 Teresa K. Patton, #205679 Attorneys for Plaintiffs E-1000 First National Bank Bldg. 332 Minnesota Street St. Paul, Minnesota 55101 (612)227-9990 5 ORONO PLANNING COMMISSION MEETING^°^^'^Weer//VQ iMINLTES FOR APRIL 15, 1996 ^ 1996 ROLL £fTY The Orono Planning Commission met on the above date vvith the following members present Chair Stephen Peterson, Sandra Smith. Dale l.indqif,,i. Janice Berg, and Elizabeth Hawn Charles Schroeder was absent. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth and Recorder Sherry Frost Council member Hurr was present Chair Peterson called the meeting to order at 7 00 p m. (#1) 7:00 P.M. - #2122 K^REN SKOOCn'A.MERA CHRISTENSEN, 280/350 TONKA AVTNirE 7:01-7:08 P.M. A.VACATION B.SCBDIVISION OF A LOT LINE REARRANGEMENT The Affidavit of Publication and Certificate of Mailing were noted. The applicants were present. Mabusth reported that the comprehensive application was for a lot line rearrangement and the vacation of a portion of unimproved Hill Street The property to be divided amongst applicants consists of lots 17 and 18. which have been legally combined, and have been assessed one sew er unit The Skoog property would gain all of the vacated Hill Street. Lot 17 would go with Christensen's lot, and lot 18 would remain with the Skoog property. A 10' drainage and utility easement shall be dedicated within the vacated right-of-way to the extreme south edge, so as not to impede tliture additions to the Skoog residence. Mabusth said the City has no interest in Hill Street and ’. awaiting confirmation from surx eyor to determine if there are any utilities located • Hill Street Lindquist asked the width of 1 lill Street and was informed there is a 40' right-of-way. The applicants had nothing to add but asked that the sewer assessment be waived Peterson said the Planning Commission is unable to waive the sewer fee but the request would be forwarded to the Council. It was noted that the Planning Commission is in favor of waiving the sewer assessment There were no public comments. Lindquist moved. Berg seconded, to approve the lot line rearrangement, subject to the legal combination of the lots, and approve the vacation of Hill Street, subject to applicant dedicating a 10' casement to be located at the extreme south portion of the vacated right- of-way. Vote: Ayes 5, Nays 0. MINUTES OF THE ORONO PLAN'NING COMMISSION XfEETING HELD ON APRIL 15, 1996 (#2) 7:30 P..\I. - #2126 CITY OF ORONO - VACATION OF PORTION OF NAVARRE LANE 7:33-7:39 P.M. The .Affidavit of Publication and Certificate of Mailing were noted Mabusth reported that the recent O’Sullivan application involved the partial vacation of 33' of Navarre Lane along the nonhwest side of the property The Council, in granting approval of the O'Sullivan's vacation, conceptually approved and recommended the City proceed with the comprehensive vacation Nav arre Lane has been barricaded since the 1960's Part of the vacated land would be used for a retention pond to treat and store runofTfrom the contributing I acre watershed There are several utilities located within the right-of-way A 66’ easement over the vacated right-of-way will be granted by the Lafayette Ridge Homeowners Association, John O’Sullivan, and the church During public comments, Brett Hallonquist asked what was happening with the church lot. Peterson said there are no applications currently before the Commission regarding this property Mabusth commented that the retention pond, which would receive runoff from the church property, would benefit the neighborhood She advised that the neighbors should be award of the landscaping or barriers being placed along Olive Avenue Mabusth said the City's recommendation for vacation resulted from their desire that no commercial vehicles enter through this area Hallonquist asked if there were any drawings of how the area will look Mabusth invited Hallonquist to review the City's records She noted that there were no drawings of the pond but suggested he review the drawings of the project at O'Sullivan's Peterson moved, Hawn seconded, to approve the vacation of the portion of Navarre Lane subject to Stafl'recommendations and with Staff development of pond shrubbery. V'ote; Aves 5, Navs 0. (#3) #7:45 P.M. - #2127 DAMD F. WILDE, 4689/4695 WEST BRANCH ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT 7:45-8:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The applicant was present. Mabusth reported that the applicant proposes a lot line rearrangement of two existing lots, each 3r acres in size The property is located in the LR-ID, 1 acre zoning district. The 2 acre zoning district surrounds the property The purpose of the rearrangement is to provide additional area for septic use to serve one of the lots The access plan to the property is via a 25' road and utility easement along the west side of lot 2 of the West Branch Hill Subdivision The City is concerned with the use of the 25' access located within property to the north because the alternate septic site is close to the proposed access drive Mabusth said additional testing will need to be done. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 (#3 - #2127 David Wilde - Continued) Peterson asked if there is adequate area for an alternate septic site'’ Mabusth said this is unknown at this time It the property is de\ eloped with access as proposed, additional septic testing would be required Mabusth noted that the property is within the MUSA but no sewer is available to the property. Mabusth also commented that the property is close to the 9-1/2 acre park land property to be given to the City. Mabusth located the parcels owned by the bank that the Saga Hill Preservation Society has an option to purchase for eventual transfer to the Citv as park land Mabusth noted that the north access was considered and reviewed in 1980 by the County under a past application The County, at that time, said the existing access could only be used by three properties Any additional properties gaining access would require the hill to the east in the County road be reduced Mabusth said the County allowed the access when the 1 rapp property was developed but stipulated that no additional properties gain access from that area. Mabusth said at the proposed level of use by 5 properties, the City would require a private road Mabusth said the area and width of the property would satisfy the backlot division requirements. David Wilde said the property was inherited by Barbara Sollner-Webb. Wilde said Sollner-Webb asked Wilde to represent her and find out what could be done with the property He noted that the lots were 3 acre in size meeting the one acre lot size requirements He agreed that the topography was difficult but was of the opinion that the lots were developable He understands there are limitations to the lots Wilde said he has spoken with other property owners, Ilawkinson, VanSloun, and Trapp, and no objection was voiced Hawn asked what was involved in reducing the hill in the County road"’ Mabusth said this would be a major project. Peterson reported that the Staff has asked that the application be tabled in order to gain guidance as to access to the properly VV’ilde said he was unaw are of the county road problem Peterson said the septic site was a major issue and must be resolved During public comments, Carol Trapp, adjacent property owner to the north, said she was concerned with drainage The steep grades could affect drainage onto her driveway. Trapp said she would prefer the development over vacant land or park land. Peterson said proper drainage would be a requirement of any development plan MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 (^3 - #2127 David Wilde - Continued) Peterson commented that a roadway would require a cul-de-sac with a 80' finished diameter, platted at 100'. Bruce VanSloun. property owner to the west, said he was concerned with access He said there were tremendous issues to be solved \'anSIoun noted there was no cul-de-sac on the right-of-way now He said he would need to know how this development would affect his property value. VanSloun noted that for a road going over his or the Hawkinson property, the easement that exists extends only part way through Peterson commented on the need for tabling the application with the various issues being brought forward He asked the applicant to work with the Staff'and neighbors in determining access, easements, and drainage Peterson moved. Smith seconded, to table Application #2127 to resolve questions noted Vote: Ayes 5, Nays 0. (#4) 8:15 P.M. - #2130 NORBERT .lOIINSON, 1181 WILDHURST TRAIL- PRELIMINARY SUBDIVISION The Affidavit of Publication and Certificate of Mailing were noted Peterson moved. Smith seconded, to table Application #2130 at the request of the applicant. Vote; Ayes 5, Nays 0. ACTION ITEMS (#5) #2088 WINFIELD STEPHENS, 3770 BAYSIDE RO \D - VARIANCES - CONTINUATION OF PUBLIC HEARING - W RITTEN RFNOTIFICATION OF NEIGHBORS 7:09-7:32 P..M. The renotification of the public hearing to the neighbors was noted fhe applicant was present Mabusth reported that the vacation of the alley was approved earlier. The amended application, now includes the area of vacated alley totalling 20,143 s f Mabusth said the foundation of the structure was reviewed and found inadequate to support a second story. The project will now be a tear down and rebuild. An area variance will be required. 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 (^5 - #2088 Winfield Stephens - Continued) Mabusth reviewed direction given by the Planning Commission in previous meetings advising that structural co\erage be minimized in order to meet the code The setback variances were to be reduced It was also requested that no new addition be permitted to the east so as not to impact the views of the neighbor to the northeast. A 6' expansion is proposed or. the east side The variances required in the application are for setbacks, hardcover in the 250'-500' setback area and lot area Mabusth said the proposal involves a 2*story residence with the attached garage The residence struaure would be 50’ from the Ba> side right-of-way with the co\ ered deck at 45' setback The garage, which encroached l.andmark Drive, will be removed The 15’ setback from the west lot line would satisfy the agreement with the Landmark Homeowners Association The City requires a 50' setback A 3' setback variance '-.ould be required from the north side lot line 15% structural coverage is allowed and is proposed at 14 3®o There is a hardcover allowance of 30% in the 75-250' setback and is proposed at 48 2® o for a 18 2% excess Smith asked what changes were made to the variance requests from the earlier proposal. Mabusth explained that there is now an increase in the lot area reducing hardcover and structural coverage excesses Setback variances would be required for the expanded second story. Smith said the proposal for 4 bedrooms, a den. and a porch was still excessive in her viewpoint. The applicant had no additional comments but was asked about the possible loss of the maples trees on the east side Stephens said there would be some loss of the maple trees but was unsure how healthy one of the trees is He noted that there would oe a loss of 2 oak trees to the south There were no public comments Hawn said she w as concerned w ith the tear down of homes on substandard lots and the rebuilding of homes larger than intended for a particular zoning area She noted that the codes were present to ensure the proper size homes for a lot size She was not in favor of a second story expansion with the current foundation problem Peterson opined that approving the side and rear setbacks created a problem Smith said with proposals of rebuilding on new foundations, the City was niore critical and stringent in applying the codes MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 (^^5 - #2088 Winfield Stephens - Continued) Mabusth asked the Commissioners their opinion of the 3-1/2' setback to the side lot line and what their recommendation w ould be of the encroachment into the County ris»ht-of- waj Lind(]uist noted the proposal meets the structural coverage allowed and suggested the home be rearranged on the lot to meet the setback The applicant said the building inspector said the foundation could be used, if more support posts and beams were added, to extend the home 6’ and add a second story. Mabusth noted that she will review this matter with the building staff The former owner noted that the original part of the house had a fieldstone foundation that was 2-j thick and adequate to support the addition with a new foundation wall on the east only Mabusth clarified with the applicant that the proposal would only require a new foundation wall on the east to support the structure Hawn noted that the project would then not be new construction Smith asked the applicant if th 'e were any reductions that could be made to the home. Stephens said he used the 15*50 allowable for structural coverage in designing the house. Smith suggested reducing the structure to eliminate the need for any variances. Lindquist noted it the home was rearranged, it could have significant impact on the views for the neighbor to the north, and felt there would be the need for a variance for setback. Peterson commented that the dramatic variances are for side and rear setbacks Hawn commented on the need to be consistent when homes are being torn down and replaced She noted the value in taking the impact to the neighbor's view into consideration Mabusth clarified that the 3-1/2' setback variance is for a side setback to the principal structure The attached garage will be located 27' from lot line Lindquist asked if the existing foundation would be used with the exception of the east wall. The applicant said the existing footings and foundation with the exception of the east wall would be used Peterson said the proposal would be acceptable to him if the applicant would remain within the existing foundation. Berg noted the need to clarify the inspector's comments There were no public comments MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 (#5 - #2088 Winfield Stephens - Continued) Lindquist moved, Berg seconded, to recommend approval of Application #2088 for a 15 ’ west side street setback for the garage, a 3-1/2' north side lot line setback, structural coverage not to exceed 1 5 “/o, setback of 5' from Bayside Road for covered porch, with the understanding that the existing foundation will be used w ith the exception of the east foundation wall, which would be replaced The Building OtTicial must confirm that existing foundation, except for new support wall at east side, is to remain. Vote: Ayes 4, Nays 1, Smith, due to excess structure Motion approved (#6) #2098 EVA THEOBALD, 4104 IIIGHWOOD ROAD - VARIANCES - CONTIMiATION OF PUBLIC HEARING - WRITTEN RENOTIFICATION OF NEIGHBORS 7:40-7:50 P.M. The Affidavit of Publication and Certificate of Mailing were noted Stuart Hoarn represented the applicant Mabusth reported that the otij_ '.pplication has been revised. The street setback remains the same as originalb t ro^osed The west side lot setback, originally proposed at 6 8’. has been revised to 9/ ’t 'seiv >0’ is required The separation of the neighbor's garage to the house has bcv;» i'.1 to 11', meeting required 10' separation. The lakeshore setback is met by the posal The lot coverage has been revised to 1492 s.f. meeting the 1 500 s f allowable The hardcover in the 75-250' setback, originally proposed at 46®'o, has been revised to 40%. The code allows 25% in this zone. The lot area and lot width remain the same Hoam commented that the applicant and he reviewed and followed the Planning Commission's direction, which resulted in the amended proposal Hoarn asked that the application proceed on to the next Council meeting. There were no public comments Havvn asked if the driveway was of the size to allow a visitor's car to park. Hoam said the driveway would hold two cars with two cars inside relieving some of the street parking problem in the area Commissioners commented that the proposal was in keeping w ith the neighborhood, and the applicant's addressed the concerns previously brought forward by the Planning Commission Hawn said she was concerned with precedent setting and noted the need for the Commission to discuss the overall codes and set specific guidelines. MINUTES OF THE ORONO PL ANTsING COMMISSION MEETING HELD ON APRIL 15. 1996 (#6 - #2098 Eva Theobald - Continued) Peterson noted that the lot width was a problem with the application Mabusth commented that drainage and storm water was a problem for this particular neiehborhood. Hawn commented on the 40®i hardcover being proposed in the 75-250' zone Lindquist noted that the applicant was allowed 15*^o structural coverage Peterson added that the coverage was behind the 75' line Hawn said she would like the resolution to note that no additional hardcover be allowed Smith added that the proposal was in keeping with the area. Lindquist moved, Haw n seconded, to recommend approval of Application #2098 for side setback on east and west, street setback, hardcover in the 75-250' zone, and lot area and width variances, with the understanding that StalT, Engineer, and adjacent property owners review the drainage to the east Vote Ayes 5, Nays 0 (#7) #2124 JOHN A. EARLING, 2165 COLIN DRIVE - VARIANCES - PUBLIC HEARING 8:11-8:29 P.M. The Artldavit of Publication and Certificate of Mailing were noted The applicant w as present The property is located on the south side of the cul-de-sac on Colin Drive, oft' of Brown Road Mabusth noted that the proposed detached garage has been increased in size to 18'x30' The garage is proposed 10' From the road outlot extension, and will maintain the 50' required setback from the cul-de-sac and 50’ in front of the principal structure. Mabusth reported that the maximum height of the structure is 18' Peterson inquired if the City had any plans to develop the outlot road. Mabusth said it would only be built if needed to connect w ith development to west, but this w ould be decided by City at a future unknown date. Peterson asked how the garage location on the lot was determined. Earling said the other tw o options considered w ere affected by the location of the w ellhead and visual impact on view from the master bedroom The only variances required for the application is the 40’ variance from the street with the garage being located in front of the principal structure. 1 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 (#7 . #2124 James Fading - Continued) Fading said the area is a good location as there is good coverage with elms and vegetation of 15-16' in height blocking out any impact on the O’Shaughnessy's, his neighbors to the immediate north It was also noted that the downward slope from the O'Shaughnessy's house minimizes any impact. Smith asked what the purpose was for the garage Fading said he would use it to store his boat and garden equipment. Smith asked if he considered placing the garage closer to his home outside of the two locations previously mentioned Fading said if he moved it farther down on the property, the cost for the driveway would escalate It would also create a tunnel with the woods. He said it was his goal to keep the garage out of the way and sheltered by the trees Smith said she would prefer the structure being located closer to the house Peterson said the size of the structure was not a problem He commented on the precedent of setting the garage in front of the principal structure but noted the large size of the lot Peterson questioned whether the structure should be placed so close to what could be a road at some point in time Peterson said the access structure being placed in front of the principal stmcture w as a separate issue and was more concerned with street setback Lindquist was informed by Mabusth that the extension road outlot was 50' wide. There were no public comments. Hawn commented that the structure sight was tastefully placed with it being hidden in the downward slope She noted that a barrier of trees would aid the location. The applicant said he would be willing to add trees Hawn suggested evergreen trees. Smith noted, with the size of the parcel, there should be other places on which to locate the structure Harling said to move the structure to the east would bring it near where the property drops to the creek and is also where the gardens are located. Earling said he was making use of the belted tree line and the structure would be 35-40’ from the neighbors. Earling said he thought the goal was to make the structure inconspicuous. Earling noted that the pitch of the garage would match that of the existing garage. Berg and Lindquist commented that the structure placement was not an issue and was the best location for the garage. NtINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 (#7 - #2124 John Earling - Continued) Lindquist moved, Berg seconded, to approve Application #2124 for a 40’ street setback variance and placement of structure 50' in front of the principal structure V'ote: Ayes 4, Nays 1, Smith Smith noted her objection to the location near the outlot, the front yard, and other areas within the parcel where the garage could be located i*tS) #2125 RICHARD D. CLIFFORD, 4760 NORTH SHORE DRIVE - VARIANCES - Pl'BLIC HEARING 8:30-8:55 P..M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. Clifford w as present along with the buyer of the property, Tim Olson. Mabusth reported that the application was for variances to lot area and lot width, both variances which have previously been approved by the City in 1984 and 1986 Since then, new shoreline regulations have taken affect, and a setback variance is now required for land alterations w ithin the required 20' setback from the top of a bluff The bluff is located in the street yard adjacent to the county road. The structure meets the required setbacks. The 20' impact zone would be impacted by land alteration encroaching 3' into the zone A letter from Ceil Strauss of the DNR was read stating the structure meets the setbacks and noting the amended elevations will provide a stormwater benefit. Strauss, with the grading as proposed, approved the application, noting the runoff would be slowed down and ponded somewhat on the property. Peterson noted that the bluff issue went into effect in 1992. The City adopted the code based on state and federal regulations He reported that there were strict guidelines in determininu whether an area was a bluff Olson questioned, based on the 44% rate caused by the cut of the roadw ay, w hether a second bluff w as created Mabusth informed Olson he could meet w ith Mike Gaffron, who did the analysis In public comment, Jim Thomsen, 4750 North Shore Drive, said he was concerned with approval of a width variance Mabusth said the measurement is taken at the setback line from the north by coming in 35’ and measuring the distance. Mabusth said the standard is 140’ Thomsen asked how close the proposed building would be to his existing building. Mabusth said the setback is 10’ and is proposed at 15’ Thomsen asked about the elevation of the home Mabusth said the home was a walkout design with 3 levels being visible from the countv road and two from the north. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 19% (#8 - #2125 Richard Cliflbrd - Continued) Frank Koubsky, 4784 North Shore Drive, questioned the addition of another user of the driveway within Park Lane Mabusth said thi> issue was never raised by neighbors or the City in the earlier variance reviews, but felt at a minimum address changes and address signage at Park Lane and Tonkaview intersection must be resolved Patti Afteldt. 4765 Tonkaview Lane, asked if Park Lane would be widened to facilitate the new residence Mabusth said a private driveway that serves 4 residences is maintained privately and is located within 30' of unimproved public right-of-way She noted that there was not enough right of way to improve the roadway to a public road Thomsen said there was no homeowners association All ot the residents pay to maintain it. There are 4 residences now on the road with a total of 6 possible Thomsen said there is no turnaround AlVeldt said there were two residents with the same address at this time Koubsky voiced concern over the building sites He said he had only a limited amount of yard and was concerned with a road using up any more of his yard. He also voiced concern vvith views and destruction of landscape Sandy Thomsen noted that the homeow ners have maintained a biilTer of trees and is concerned that it not be destroyed Clitford said there were many dead trees on the property but trees were present on both sides of the proposed home Clitford commented that any building within 10' of an oak tree may kill the tree The east setback at 15' may result in the loss of trees, but Clifford said on the west side with the 35' setback, the line of ev ergreens will be saved Mabusth asked if the house could be moved to the midpoint of the lot Olson said it could not, adding that the east side contained the majority of small trees, many of which were dead, and only a few large trees. Mabusth informed the applicant of the requirement in providing a planting schedule. Mabusth noted the plantings in south yard will provide both a visual and sound barrier to County road Olson had planned on leaving the area natural. Affeldt inquired what the current ordinance said regarding use of a road Mabusth said three units require upgrade to a road She added that this particular roadway could not be improved with the current easements Peterson added that the road as it now exists could not be approved by today's standards Smith moved, Lindquist seconded, to approve Application U2\25 with applicant providing a landscape plan, the use of silt fencing, and payment of a sewer unit charge with building permit Vote Ayes 5, Nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 (#9) #2128 ORONO HOCKEY BOOSTERS. INC, 1025 OLD CRYSTAL BAY ROAD NORTH - CONDITIONAL USE PERMIT - PUBLIC HEARING 8:59-11:03 P.M. The Affidavit of Publicatio*^ ind Certificate of Mailing were noted Mark Engebrelson was present representing the Orono Boosters, along with architect, Ted Roseboom Enuebretson stated the ice arena was beinu emjineered bv Hamilton, Green, and Abrahamson. and building contractor is Kraus Anderson Engebretson upucled the Commission on the main topics He noted the filing of the application with the Met Council by the City to bring the site within the boundaries of the MUSA for sanitary sewer Some downstream pipe work would need to be done before any start of the project The sanitary sewer is necessary for the project to be constructed Mabusth said the school property may be addressed by Met Council as a separate issue from the more comprehensive comp plan amendment Engebretson noted their desire to maintain the construction schedule, which would require a 5 month period The Boosters would like to have the ice arena operational for girls varsity hockey to begin on October 31, 1996 The Boosters will pay for the number of sewer units established Engebretson said an application has been submitted to the MCWD for a stormwater management plan. Mabusth said the permit would be required before a building permit is issued The lease with the school district needs to be signed before construction can begin. A draft of the lease is e.xpected from the school this w eek, w hich w ill be review ed Gerry Timm, 2885 CoRd 6. asked if there would be any stipulation of a future purchase of the ice arena by the Boosters Engebretson informed her they would be tenants only. Engebretson said there was a zoning code requirement of 80“o funding raised before the City could approve the conditional use permit The school required 90% of the funds be raised but will not sign the lease until 100®o of the funds have been raised 1 herefore, Engebretson said the project will require 100/b funding before construction would begin. Engebretson said a meeting with the general contractor, Kraus Anderson, is scheduled for Wednesday, April 17, to establish a guaranteed maximum price, which will include the rubber flooring, landscaping, and ice He said the costs are expected to be about $50,000 higher than originally planned A cost of $2.3 million is projected to be spent before doors will open, which is $150,000 higher than originally planned, but noted that the $100,000 soil correction will be paid for by the school. I 75 million has currently been raised according to Engebretson A $125,000 Mighty Ducks grant is expected to be awarded on April 22 Engebretson said he expects the fund raising to be on schedule. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15. 1996 (#9 - #2128 Orono Hockey Boosters - Continued) Engebretson said the entity under which the ice arena will be run is a new non-profit association issued through the IRS The Boosters propose to have 3 of the 5 directors come from their membership with the school appointing 1 and the City ' A neighboring properly owner will act as a liaison to represent concern of the neighborhood Hawn was informed that the liaison would not be a voting member Regarding issues with the neighbors, Engebretson said two meetings were held with 21 property owners in attendance A number of changes w ere made as a result of these meetings A major change was to redesign the roof The original bowstring design was changed to a flat roof to demass the project Engebretson said neither the school nor the neighbors liked the exterior design This resulted in a change to pre-cast panels, which will allow for more flexibility A $29,000 landscaping budget has been set Timm said this was not enough money Fencing will also be erected to separate the arena from the neighboring homes Engebretson said the parking lot would be phased in with gravel allowed to settle due to the soil conditions Paving and curbing, along with the parking lot landscaping, will be done once the settling has occurred. Lindquist asked w here the boosters were in resolv ing the issues of concern brought forward by the neighbors. Engebretson said they have responded to the size and height of the building, the exterior, landscaping, and fencing The neighbors would like the parking lot placed near CoRd 6 with the building moved to the south but Engebretson said this would probably not occur Engebretson said the plan is for a south facing lobby and a close relationship with the high school to assist with overflow parking. There would be a change to drainage patterns if the building was moved 1 he main reason to maintain the building location is for aesthetics Engebretson was asked about the elevation of the parking let. The building itself will be sunk into the hillside and be on a downward slope from the neighborhood. Roseboom said there will be drainage and catch basins within the parking lot Karin Zeeb said she was concerned w ith the eflect of drainage on their prop erties and into the ir septic systems. Roseboom said the drainage will go into a storm water retention area and filter into the swales Peterson told Zeeb that the City vvill rev iew the drainage, and it should not have an impact on their properties Other issues of concern for the neighbors were hours of operation, noise and traflic, lighting, fencing, safety, and CoRd 6 Roger Zeeb said the issues keeps going back to the fact that the arena is too large of a structure for the small lot. He said the setback from the residential lot line, which was originally suggested to l-e 100', was returned to that allowed in the code at 50'. He noted that the Planning Commission represents all of the reside-'ts of Orono and should adhere to the philosophy of open space L NfTNUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON .\PRIL 15, 1996 (#9 - #2128 Orono Hockey Boosters - Continued) Peterson commented that the property being school properly has a bearing on the location, and some variances will be made to allow a property to be usable to benefit the citizens Peterson said the ice arena w ould be for the benefit of all citizens Zeeb asked what would happen if problems occur. Peterson said the problems w ould be corrected Peterson noted that the Commission has to rely on the expertise of the engineers Zeeb asked if the City has ever changed so many rules for one project before. Engebretson noted that the 50' setback from the residential property is being maintained, not changed Gerry Timm said the ice arena would affect her whole life with the wall of the building facing her home. Peterson asked the neighbors what they had thought would be erected on the property when they purchased their homes Timm noted it does not matter that she knew an area was to be constmcted on the property. Timm said the arena goes against City philosophy and feels it is a "done deal" Karin Zeeb said she was told a hockey rink would be built. Zeeb said nothing was planned for the property when he bought it. Karin Zeeb said the land should be left natural for children to play in Roger Zeeb said an open rink or baseball field would meet approval but not a large building Engebretson noted that the school building is larger Regarding the parking lot, Roseboom said the initial plan was for one large parking lot on the south side It was then changed to a split lot to accommodate the wetland. The 88-90 stalls will meet a joint use with the high school and its parking lot to accommodate the 200 stalls required The split will allow for more green space Roseboom also noted that the building being pushed down into the hill will present a lower profile for a maximum 30' height The exterior materials will present a more corporate look with the use of a Mankato Kasota Stone The stone will be punctured for a sign on the building and for medallion lights Smith asked if there were maintenance problems associated with a tlat roof Roseboom said the preference would be for a pitched roof, which would have a longer guarantee. The flat roof w ould be given a 15 year warranty The positive side of the flat roof is the ability to have all of the equipment stored inside. This will eliminate more noise and assist in maintenance Karin Zeeb inquired about the venting of the equipment Engebretson said they have requested that there be no outside venting There will be louvers on the north and south side to vent the air conditioning but will have 12" of insulation. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 19% (#9 - #2128 Orono Hockey Boosters - Continued) Peterson asked about the walkway between the arena and school The path will be setback from Old Cry stal Bay Road. 40' in length, and of bituminous materials The lease calls for the path to be maintained by the school and replacement costs paid for by the Boosters Karin 7eeh said the students will use the hill inside of the path taking the shortest route possible The fencing placement and material, separating the arena from the residential area, will be detemiined once the building is erected with direction provided from Gerry Timm as to the type. Jim Grabek, 3050 Jamestown Road, said the project has been underway for years, yet the neighbors have only been involved since January. He said the setback was changed to accommodate the project He feels the lot is inadequate tor the number of parking spaces and will create parking problems during major events Grabek said, with the shortcoming of the school budget, he objects to spending $175,000 He said the building placement is inconsistent with the comprehensive plan He noted the plan calls for the promotion of development w ith that of a neighborhood and not in conflict with a neighborhood. He said he is not opposed to the arena but feels the site is not appropriate to the neighborhood or for the City Grabek said the arena is inconsistent with the open space plan. Grabek reviewed pictures taken of the site with the Commission in relation to CoRd 6. He asked that the Commission consider moving the building to provide more protection for the neighbors Grabek said the soil borings are not conclusive that the building could not be moved to the south Engebretson said he had informed Grabek that if money was the issue, the Boosters would move the arena to the south I le said they reviewed it from an aesthetic and functionality standpoint. Roseboom noted that the building has a corporate look, not that of a building with many loading doors. Roseboom said the preference is not to place a parking lot in front of the door He noted the receipt of sunlight is the functional factor with a south facing building being the best Grabek asked about an entrance to the east or the southeast side. Roseboom said arenas work best with entrances on the ends of the building. Grabek suggested entering across the wetland and asked for additional soil borings. Engebretson said there is no reason for additional soil borings as it is not an is.sue of soils or cost but one of aesthetics and functionality MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15. 1996 (#9 - #2128 Orono Hockey Boosters - Continued) Grabek said the areas of contention need to be discussed. Peterson said the Commission takes the engineering standards and review it. Grabek said engineering and stalTare inconsistent Mabusth noted exhibit F, which stated the engineering comments on the soil borings, paragraph 4, page 2, last sentence, which was read Grabek said he w as told the borings were not conclusive. Grabek asked if a shadow print has been done on the building. Mabusth asked the Commission if they would recommend one Peterson said it has not been done in the past. Peterson noted that the Commission looks at the information that they are provided in determining the viability of an application and finalized by the City StatT, Engineer, and applicant's engineer. Grabek noted that the wall would be 20' high. 160' long, and located 50* from CoRd 6 Roseboom said he w ould be more concerned if the building w as moved to the south as it would affect the southern exposure for the residents Grabek said the arena infringes on the Timms and others and blocks the sun from the Timms Haw n commented if the building affects the east sun and the view, what else would be learned from a shadow print. Hawn said that all concerned have agreed that the arena will affect the Timm property. Grabek questioned the amount of funding necessary before construction. Engebretson reiterated that the City adopted a zoning code calling for 80% of funds raised prior to construction but the lease will not be signed without 100°"o of the funds raised. Grabek commented that the "push down, push in" of the building would have the same effect if the building would be moved 150' south. Grabek asked if there would be absolutely no noise from the louvers. Engebretson said there would be some noise from the louvers Grabek commented that whether the Timms moved to this particular location should not make any difference, and the City should not have free rein to place it where they want. Engebretson said he objected to this statement. He said it is not neighborly to say the residents should not have moved there or if they knew what w ould be going into the area. He said the Boosters ow e the residents a top job on how it is constructed. He reiterated that the code was always 50' setback from the residential lot line and was proposed at the 100' Grabek said the 50' setback was passed to accommodate the building Engebretson said it was maintained to keep the setback the same as for a school. Hawn said Grabek was incorrect She noted there was no vehicle by which to deal with the building. With the school setback at 50’, the ordinance clarified the school uses and its use by a non-profit organization. MINUTES OF THE ORONO PLAN'NING COMMISSION MEETING HELD ON APRIL 15, 1996 (#9 - *^2128 Orono Hockey Boosters - Continued) Grabek commented on the amount allowed for landscaping. Hawn said the Boosters are committed to creating a design and meeting the cost Peterson noted the amount of landscaping money can go a long ways under a 5013C plan. Grabek asked it the Commission had any opposition or objection to moving the budding. Hawn said it can be looked at but the parking lot is to be lo Mit d to the south to allow easy access of the children between the buildings Hawn said she would think the neighbors would prefer a building to the noise of a parking lot Pnierson said he objected to the parking lot at County Road 6. He said he would not approve the project without accessibility to more parking Grabek asked the Commission to revisit the issue He noted there was only 160' of walking distance from the school Lindquist said he objected to moving the building to the south as he wants the building to face south and provide access with the parking lot to use for student parking. Berg aureed Grabek asked for a copy of the tape of the meeting Smith asked Grabek if he was representing his ow n \ iew point or that of a group. Grabek said he was representing himself Karin Zeeb asked if any other sites were considered She was informed that the baseball field site to the east had been considered but viewed unfavorably by the City. Engebretson said the Boosters preferred this site as the purpose is driven by the youth and high school use Engebretson said the Mound Pond was also considered but it was not a priority of the school district A joint venture with Wayzata was also considered Karin Zeeb said her main concern was safety. She noted the dangerous hill by Jamestown and fast traftic Zeeb said there will be a problem with congestion from cars entering the parking areas and the baseball fields She was concerned with children walking home from school She noted the large number of accidents. The possibility of turn lanes was brought up Zeeb also noted the bike route. Peterson said he agreed that CoRd 6 was a problem but changes were made at the County level He noted that the original application to the east called for access from CoRd 6 but was rejected Roger Zeeb asked the City to lower the speed limit. Peterson said the City does not make this determination He noted when review of speed limits are done, car flowage is measured and speed limits may actually rise MINXfTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 19% (#9 - #2128 Orono Hockey Boosters - Continued) It was noted that a bike/ltike trail w ill be installed alomi the east side of Old Cry stal Bay Road Karin Zeeb asked if an env ironmental impact statement was done It was noted that this was not required Zeeb said the MPCA said one could be requested to monitor noise and pollution and could cause a 2-3 month delay Engebretson noted that timing of the project was critical. Peterson asked about signage. Roseboom said there would be no monolithic free-standing signage but a 4 ’ window on the facade with the words, "Orono Ice Arena", imprinted in the precast concrete on the north side It was noted that the application does not propose any signage, which needs to be part of the package Engebretson said the administration, campus-wide, has no signage. He was informed that the community would need directions into the facility Engebretson said the school intends on having a program-sty le plan and coordinate this signage with the ice arena in order to use the same design. Lighting of the facility was discussed Roseboom said there will be four 25-30' lights designed not to impact the residential area by being shielded downward. It was noted tha* the lighting must meet City code Karin Zeeb questioned the inability of high school children to walk across campus when the nearby day care walks across the street Pet'said there is a safety issue on Old Crv'stal Bay Road. Zeeb asked to be on record the arena will be a "disaster waiting to happen" Timm asked why any variance; w jld be allowed. She was informed that there were two variances being requested an< conditional use permit Peterson noted that the Planning Commission would make a recommendation to the Council Any legally binding decisions are only made by the Council The conditional use permit allows the ice arena use as being an appropriate use for the school campus Peterson review ed the application He noted in addition to approval of variances and CUP, the sewer issue m.ist be resolved and the lease it« p! tee with adequate funds raised. A light plan will be reviewed with the City Engineer It has been determined that the ventilation equipment being located inside the building as being the best location. The County will be involved with the tralTic issues The Engineer must approve any drainage plans, and »he site must maintain stomi water mnotT The applicant will work with Staff on the landscaping plan Peterson noted that the roof height of 30’ does not exceed that allow ed in residential zoninc and is of a non-intrusive desiun MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 (M9 - #2128 Orono Hockey Boosters - Continued) Engebretson said the hours of operation during non-ice times have not been set He suggested the hours of 7 00 a m to 9 00 pm He said the purpose of the building during this time will be for da\lime sports, recreation and meetings Engebretson said the non­ ice time will be between March 15 and September 15 with the possibility of year-around ice in the future Prime time ice hours will run from 5 30 a m to 11 30 p m Engebretson repon^^ that there will be no hazardous material used when asked about pollution problems Mabusth noted that a calculation of signage will need to be done The allow able signage is 12 s f, and the application will require an area signage variance VV'hen asked how the sign imprinted into the concrete will be viewed at night, Roseboom said an indirect light will be on the sign There will also be a 4'x4’ medallion window with lighting Engebretson said arenas usually do not operate with lighted s’gns dunng the evening hours Roger Zeeb asked about access from Old Crystal Bay Road Peterson said the bond referendum, which was turned dow n, had addressed issues of correcting parking and access Peterson said the school was considering to restrict and reconfigure Old Crystal Bay Road between CoRd 6 and Hwy 12 and make it part of the school campus. This would have involved an internal roadway. Peterson moved, Lindquist seconded, to approve Application #2128 with Staff recommendations 1-7 V'ote Aves 5, Navs 0 Grabek inquired if the shadow imprint and additional soil borings were part of the motion. Peterson informed him that the Council will make the determining decision. It was noted that the application will go to the Council on April 22 regarding the variance to the Highway 12 moratorium (#10) #2129 JOHN PENDLETON, 350 NORTH ARM LANE - CONDITIONAL USE PERMIT - PI BLIC HEARING The application was withdrawn at the request of the applicant. PLANNING COMMISSION COMMENTS (#11) OTHER ISSUES FOR DISCUSSION There were no ac. litional issues discussed NfINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 ADDITIONAL ITEMS (#12) PLANNING COMMISSION APPROVAL OF MINUTES OF THE MARCH 18,1996 MEETING Smith moved, Lindquist seconded, to approve the Minutes of the Planning Commission Meeting of March 18, 1996. V'ote Ayes 5, Nays 0 (#13) PLANNING COMMISSION TO SELECT A REPRESENTATIVE TO ATTEND THE MAY 13, 1996 MEETING OF THE COUNCIL No representative was chosen. ADJOURNMENT Chair Peterson adjourned the meeting at 11:05 p.m. Stephen Peterson, Chair Person