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Home My WebLink About10-28-1996 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 28, 1996, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the siga^ sheet. ROLL CALL Oct 2 s 1. 7:00 P.M. - Recognition - Steve Peterson ®^OF0B0(uo2. Preliminary Layout County Road 6 Reconstruction - Resolution 199$ 3. CONSENT AGENDA APPROVAL OF MINUTES * 4. Regular Meeting of October 14, 1996 PARK COMMISSION COMMENTS PLANNING COMMISSlt K\ COMMENTS - Elizabeth Hawn Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 5. #2128 Orono Hockey Boosters, Inc., 1025 Old Crystal Bay Road North - Conditional Use Permit/Variances - Resolution 6. #2135 Albee Estate, 1575 Long Lake Boulevard - Variance - Resolution 7. #2159 James & Jo Ann Jundt, 1400 Bracketts Point Road - Variance - Resolution 8. #2174 B-1, B-5, B-6 Zoning Amendment - Ordinance 9. #2178 Nathalie Gray/Robert and Lorraine Roden, 460 and 480 Orchard Park Road - Subdivision of a Lot Line Rearrangement - Resolution 10. #2181 James Nystrom, 1745 Concordia Street - Renewal Variance - Resolution 11. #2185 Richard and Mary Jo Kovacevich, 1580 Bohns Point Road - Variance - Resolution 12. #2186 James Pfleider and Yvonne Cook, 509/511 North Femdale Road - Subdivision of a Lot Line Rearrangement - Resolution 13. Comprehensive Plan Amendment - Final Approval - Resolution MAYOR/COUNCIL REPORT ENGINEER REPORT 14. Change Order #1 - Old Crystal Bay Road Bike Trail CITY ADMINISTRATOR’S REPORT 15. Agreement With Orono Ice Arena, Inc. Regarding Inspection and Monitoring of Storm Water Facilities 16. 500 Hanlon Avenue - Sewer Assessment 17. Establish Date and Time for Canvassing Board Meeting » - AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 28, 1996, 7;00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT Continued 18. Tax Forfeit Property - Resolutions 19. Tax Forfeit Parcel at 215 Tonka Avenue > Resolution 20. Long Lake Fire Service 1996 Amended Budget and 1997-’99 Fire Service Contract 21. Renewal of Participation in Livable Communities Act - Resolution 22. Disollusion of Suburban Alliance * 23. Hiring of Temporaiiy CSO * 24. Appoint Additional Election Judges for General Election - Resolution ♦ 25. 19% Tl^ Quarter Revenue and Expenditure Report (Info Only) O' CITY ATTORNEY'S REPORT (*26.)LICENSES (*27.)BILLS UPCOMING ISSUES AND EVENTS 10/28 - Council meeting 7:00 p.m. 10/30 - Joint Work Session - Council/Planning Commission/Park Commission 8:00 a.m. 11/04 - Park Commission meting 7:15 p.m. 11/05 - Election Day - No Public Meetings Between 6 and 8 p.m. Polls Open 7:00 a.m. - 8:00 p.m. 11/11 - HOUDAY - Veterans’ Day 11/12 - Tuesday - Council meeting 7:(X) p.m. 11/18 - Planning Commission 7:00 p.m. 11/25 - Council meeting 7:00 p.m. 11/28 - HOLIDAY - Thanksgiving Day 11/29 - HOLIDAY Public A ttendance Meetesg D ate 6 g Council Planning Commission □ Park Commission □ Other Please foi. out the information REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER A3•oiwk>tc^- /^aJ/K 2. f/a t^^^'1 H <? vV-i-(u C ----‘o 5. /i ^AVf'fXLj ^ /c^ Jyii. (C'/ 1'' 7^-r>t'7M<f=^— 8..V P.i!/jfiTlC (j\.u\'^\ C lI (a * ^ 9. /I1 tiCyAU Cd^l XJ, A /53 {WjulUc^aI 10. ^s^'VT^.^\'^O0 \jC> cuL^yALnc^^„r 12. 13. 14. 15.____________________________________________________—------------------------------------— \ Q9U95.4 REQUEST FOR COUNCIL ACTION OQ t ^ ^ 8 DA#J^October%^ 1996 ITEM NO: ^ Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:m Agenda Section: Administrator’s Report Item Descnption: Preliminary Layout County Road 6 Reconstruction - Resolution On October 2, 1996 a public information meeting was held to present the preliminary design for the County 6 roadway improvement to the affected residents, and to obtain comments from the residents regarding the design. Subsequent to the meeting, Hennepin County DOT staff have made revisions to the preliminary design. The revisions do not change the overall concept of the design. They do respond to citizens suggestions and concerns regarding specific details of the design. The most notable change is the substantial reduction of the frontage road/cul-de-sac area serving the homes on the north side of the proposed curve. A copy of the revised design is attached. Hennepin County DOT staff will present the revised preliminary design at the Council meeting. Bike Trail Hennepin County DOT staff have indicated they are willing and able to add a bike trail to the roadway plans. However, due to the short time period for development of final plans, they need the city to make a decision regarding the bike trail prior to the development of final plans. The Council and Park Commission will discuss the bike trail issue at the October 30 work session (please see the memo and materials regarding the bike trail under separate cover as part of the work session agenda packet.) Resolution A resolution approving the preliminary layout and authorizing Hennepin County DOT to proceed with the development of final plans is attached for Council consideration. The resolution also authorizes the County to acquire right-of-way, permits, and easements and to ban parking on the proposed roadway. COUNCIL ACTION REQUESTED Motion to adopt a resolution approving the preliminary layout for the County Road 6 reconstruction project. •A ' ■ A RESOLUTION APPROVING THE PRELIMINARY LAYOUT FOR THE RECONSTRUCTION OF CSAH 6 FROM TOWNLINE ROAD TO WEST OF TH 12 PROJECT 9444 WHEREAS, Layout No. 03 Hennepin County Project No. 9444 showing proposed improvements to County State Aid Highway NO. 6 has been prepared and presented to the City; and WHEREAS, the Hennepin County Department of Public Works’ Policies for Cost Participation between Hennepin County and Other Agencies for Cooperative Highway Projects addresses the utilization of tax increment financing on County projects by municipalities; and W’HEREAS, this improvement does not provide adequate width for on-roadway parking. NOW, THEREFORE, it is hereby resolved that Layout No. 03 be approved and that the County is hereby authorized by the City to acquire all rights of way, permits and/or easements required for said improvements in accordance with Layout No. 03; and BE IT FURTHER RESOLVED, that parking shall be banned within the project limits on CSAH 6; and f I BE IT FURTHER RESOLVED, that the city will not use tax increment financing for any portion of the project cost; and BE IT FURTHER RESOLVED, that the city request the County to proceed with detail plans and specifications for said improvement; and BE IT FURTHER RESOLVED, that the city request the County to prepare a Construction Cooperative Agreement for said improvement. Adopted by the Orono City Council on this 28th day of October, 1996. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk --I "'-I.-—.-..'w J acquisition INFOmUTION FOR PROPERTY OMNERS Hennepin County Department of Public Works is the Cwnty highway’systSa'"^* construction, maintenance and safety control of the responsibility the acquisition of privately owned real iSiSiiLi. purpose of this brochure Is to infona those acquired, of their rights under Minnesota law and to provide information about the acquisition process. EARLY CONTACT *9®nt may contact you to learn the nature and interest of involved parties in the land. DETERMINATION OF JUST COMPENSATIONmmsimm appraisal, the appraiser may not consider an increase or ''?]“! Propurty. prior to the date of valuation, which **^9hway project or the likelihood that your property will be Moi^ver, any physical deterioration within your reasonable control will be considered in the valuation of your property. vicin1ty*of*your property^studies of recent sales of property in the The completed appraisal(s) will be reviewed by the County. Based on a review of the appraisal(s), the County will establish the amount it believes to be just compensation to be offered for the property. DIRECT PURCHASE The County will make a prempt offer to purchase the property for the full amount it has deteraln^ to be just compensation. A written statement will be provided to you which win include the amount offered and an explanation of the basis for oetennining this amount. In cases where only a part of the property is to be acquired, the statement will separate the amount of compensation to be paid for the property being acquired and the amount (if any) for damages to the remainder. If the acquisition leaves you with an uneconomic remnant, the County must offer to purchase It. The County will not take any action which would coerce you into accepting its offer. Prohibited actions include advancing the time of condemnation, deferring negotiations or condemnation, or postponing the deposit of funds in court for your use. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides for reimbursement by the County in an amount not to exceed $500.00 for the actual cost of an appraisal of property acquired by direct purchase. Reimbursement cannot be made, however, until your property is acquired. If you elect to accept the offer, you will be asked to sign instruments granting the County the right to purchase your property. The County will at its own expense furnish all documents necessary to complete the sale, make the necessary examination of title, and record the instruments of conveyance. After the documents have been recorded, payment will be processed. If a mortgage and all or a major portion of the property is being acquired, a separate check payable to the mortgagee will be drawn for the amount of the balance on the mortgage plus interest to the date of payment. When the checks are ready for delivery, one check will be mailed to the mortgagee, who turn give the County a satisfaction of mortgage to be recorded. The check for the amount of the balance due you will then be mailed. If only a part of your property is to be acquired, the County will ask for a partial release of the mortgage. The check will be mailed to you; you and your mortgagee must then agree on a distribution of the money. Any fee chained by tne mortgagee for issuing a partial release or a prepayment penalty must be oy you. When your property is acquired you will be furnished a claim form in wnicn you may request reimbursement for fees charged by your mortgagee for a partial release or prepayment penalty. If all or a major portion of your property is being acquired, it will be necessary that all current and delinquent real estate taxes, as well as all special assessments, be paid in full. If only a small portion of is being acquired, any delinquent taxes must be paid, although In some instances the County may be able to record the documents notwithstanding current reii estate taxes due. The County can advise you on payment of taxes due. The County will make every reasonable effort to avoid litigation by acquiring your property through direct negotiation. POSSESSION If you must move because your home is being acquired, or if you must your business or farm operation because of the acquisition of your y®“ will be given at lest 90 days written advance notice of the date by which you are required to move. If you have to move from your home, a decent, safe ana sanitary replacement dwelling must be available to you, on a nondlscrirainaiory basis, prior to your displacement. You are not required to surrender possession of your property until: 1 1. You have been paid the 29^^^ purchase price, cr 2. A deposit has been made with the court, for your benefit, in an amount not less than the County approved appraisal, or the amount of the award of c®*P**i**t1on in a condemnation proceeding. Once the County has acquired your property, it may decide to rent it, subject to iiiT’IIJ* The amount of rent charged you. or another tenant,will not exceed the fair rental value of the property to a short term occupier. You may make a gift or donation of the property, or any part of it, or of any of the compensation paid for it, to the County. You have the right to receive just compensation for the acquisition of the property if it is desired. You are also entitled to have an appraisal made of the property along with an offer of just compensation. However, you may release the County from either or both of the obligations. It is your option. CONDEMNATION If agreement cannot be reached on the purchase of your property the County will a^ire your propeKy by the exercise of the power of eminent domain. If a situation such as this does occur, the County will institute formal condenatlon proceedings. U^er eminent d^omaln procedures, the court appointed conissloners may, in their discretion, allow reasonable owner appraisal costs not to exceed $500. BUIL0IN6S, STRUCTURES AND IHRROVEMEIITS - SIN6LE OMNERSHIP When the County obtains an Interest in your land, it must acquire at least an equal *ny buildings, structures or improvements located on the acquired land, if they are required to be removed or if the highway project-will adversely affect them. ^ r ^ TENANT-OHNED BUIL0IN6S, STRUCTURES AND IHFROVEMENTS The County is required to pay for property as if it were in a single ownership and the contributory value of a tenant's improvements will be paid. lirother words, if you arn a tenant who owns a building, structure or improvement on-^land required for public pui^oses, the offer made by the County to the landowner will include either the fair market value which your building, structure or improvement contributes to the real property or the fair market value of the building, structure or improvement for removal from the real property, whichever is greater. As a tenant owning any buildings, structures or improvements on real property you must reach agreement with the landowner as to your share of*the settlement. 1 reiubursehent of litigation expenses If any one of the three following conditions exist, the County must reinburse you for your reasonable costs, disbursements, and expenses. Including reasonable attorney, appraisal, and engineering fees which you have actually incurred. Such litigation expenses are reimbursable only under these conditions: 1. If the County starts a condemnation action, but the court decides that the County does not have authority to acquire your property by condemnation, or 2. If the County starts a condemnation action and abandons it, or 3. If you, as owner, successfully maintain an inverse condemnation proceeding. (Inverse condemnation is a legal process by which an owner brings suit against the County to prove that they have taken compensable property rights without payment of just compensation). REIHBURSERENT OF INCIDENTAL EXPENSES You are entitled to be reimbursed for fair and reasonable expenses you necessarily incurred for: 1. Recording fees, transfer taxes, and similar expenses incidental to conveying your real property to the acquiring agency. 2. Penalty costs for prepayment of any pre-existing, recorded mortgage, entered into in good faith, encumbering your property. 3. The pro-rate portion of prepaid real property taxes that can be reimbursed In accordance with state law. APPEALS You may file a written appeal with the County in any case in which you believe that we have failed to properly determine your eligibility for, or the a^unt or, a payment required for those expenses incidental to transfer of title to us or certain litigation expenses as mentioned above. All written appeals, regardless of form, shall be considered by the County. In filing an appeal you have the right to be represented by l^al counsel w other representative in connection with the appeal, but solely ^ expense. In making an appeal you shall be permitted to inspect and copy an materials pertinent to the appeal, except materials which are classing as confidential by the County, Reasonable conditions may be imposed upon right xo inspect, consistent with applicable laws. SUNNARY AND CONCLUSION Hhat is stated here is brief and general. If you desire more information, you may request assistance from the Right of Way Agent assigned to acquire you property. Hennepin County Department of Public Works 320 Washington Ave. S. Hopkins, HN 55343 j.xrcimMQtir (612)930-2500 , the County must reimburse you xpenses, including reasonable u have actually incurred. 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o M HI 7 H A 0 a H ^ v; A cn o H W A M M 7 A X <X 7 7 s:7 0 a a 0 M M X M >A < 0 7 3 A M 7 O 7 H-A 7 7 0 H i H 0 a A Z A O H i o w X < A d O 7 A*7 a 7 O H 0 O 7 H A A 0 A X • M H M Cf w G X M A 7 A A M A 9 A w A a A 9 O A M X A A 9 H A lO 0 O C X X 2 H A A M 7 7 7 M X A H i A «n 9 A 9 a o O O O 9 9 A 2 >W W A MVC ^VC >M • H i 7 A A 7 A O <z 7 M M d M 0 7 w H X z MHO X 0 MO H 7 7 M M A A A H Hi M % M X »-l 0 HiX C H 7 a M 0 M O A A d 7 H VC 7 M M < M 7 0 o 0 A H M H* 7 A O A 9 X A H s:0 A *<009 M z H c a 7 0 M < A M z M 7 Z H - 0 A 9 M 9 7 < « A VO X O 9 A 7X M A 7 9 X AMO Hi M a A A H M 9 7 d 00 A 'DA 7 7 A H T <A Hi A A A 7 7 A OoH HA A 7 1 7 M 9 9 M H i 7 M 0 A M A 7 M H M a 7 0 7 Hi AO A a 7 M 3 A 9 A A 7 M A Z A *<M- A A A M o X A a 7 >in“OoH> H H > c/> T) O ?oH > H C| § W H VD CD O §w H VO CD O ai' IJI I I M < i f 3 i 0 transportation JUNE, 1580THE STATE OF MINNESOTA DOES NOT EXPECT TO IMPROVE OR RELOCATE HIGHWAY 12. When the 1974 Orono Villa9e Comprehensive Guide Plan was prepared, the State Highway Department was reviewing plans to relocate and upgrade Highway 12 into a principal arterial. These plans have now been completely dropped from State planning consideration at least until after the year 2000. The only physical improvements scheduled or expected are as follows: OLD CRYSTAL BAY ROAD INTERSECTION - Scheduled to receive turn lanea and traffic signals in 1901. Orono actively pursued this project and heartily recommends early completion because of the heavy school traffic and school bus traffic utilizing this intersection. COUNTY ROAD 6 INTERSECTION - Sched-ied to receive turn lane improvements in 1980. This intersection has many turning movements complicated by an odd street crossing, a closely located rail crossing, and poor sight distance to the east. Orono encourages early completion of this work to facilitate improved Ring Route traffic safety. Orono encourages further planning for improvement in the sight distance and for possible signaling or rail crossing changes to further improve traffic movements through the intersection' HENNEPIN COUNTY IS UNDERTAKING BRDIGE IMPROVEMENTS AFFECTING TRAFFIC IN ORONO. Improvements have been completed on Tanager Lake Bridge, Boy Scout Bridge, Noerenberg Bridge and Coffee Bridge. Areola Bridge is scheduled for major redecking work in 1980 and 1981. 'rhe Narrows Bridge and Hendrickson Bridge are scheduled for work in following years, whi^e essentially of a maintenance nature, these are major construction jobs requiring partial or total bridge closure. Therefore, Orono and adjoining municipalitiee have been deeply involved to assure reasonable traffic flow and emergency access during the construction. In addition, Orono is concerned that all bridge alterations provide completed roadways of a width compatible with ou*r scenic parkway plans including provision for adequate walking and bicycle paths over the channels• MOUND AND SPRING PARK ARE CONTEMPLATING CHANGING THEIR PORTION OF COUNTY ROAD 15 TO FOUR LANE WIDTH. This does not directly affect Orono, but does have the indirect complication of increasing traffic flow toward the center of Lake Minnetonka. Orono is opposed to any widening of County Road 1 within Orono. Orono wculd like to discourage widening of County Road at any location. Instead, Orono is encouraging completion of the Ring Route concept to take traffic volume off of County Road 15, thereby effectively increasing its local service capacity. The completion of a two lane ring route connection north from Mound to McCulley Rond in Orono will greatly reduce travel time to Wayrata and will be consistent with the transportation needs of the Westonka Area and the transportation plans of Minnetrista and Orono. Orono further encourages the development of a new or improved connection south to Highway 7 for areas west of Orono as another alternative commuter link to the metropolitan area. CMP 7-19 ^ m ( ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 14,1996 ^cr 4 ^Ss,u ROLl The Council met on the above mentioned date in the Orono High School Cafeteria with the followinu members present Mayor Edward J Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, Charles Kelley, and JoEllen Hurr Representing Staff were City Administrator Ron Moorse, Building and Zoning Administrator Jeanne Mabusth. Assistant Planning and Zoning Administrator Michael Gaffron. City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7 00 p.m (*#1) CONSENT AGENDA Item #8 was eliminated from the Consent Agenda Item #6 was added with the appointment of Sandra Smith as Vice Chair of the Planning Commission. Jid)bour moved. Hurr seconded, to approve the Consent Agenda as amended. Vote; Ayes 5, Nays 0. PUBLIC HEARING - CORRIDOR SELECTION FOR HIGHWAY 12 UPGRADE - 7:00-10:10 P.M. - RESOLUTION »MS0 The Affidavit of Publication and Certificate of Mailing w ere noted. Mayor Callahan informed those in attendance that the proposal submitted by Mn/DOT to Orono, Long Lake and Wayzata for the Highway 12 Corridor would be reviewed by Tom O’Keefe of Mn/DOT The meeting would then be open for questions directed to O'Keefe Callahan noted that the State Statutes stipulate how this information is to be presented to the cities involved as well as set times for procedural action. Callahan informed the public that the questions to O'Keefe were intended to assist in clarifying the Mn/DOT proposal The information would then be discussed by Council, and the meeting would be opened to the public for their comments. O'Keefe said it was his intent to make two points. 1) to discuss the process of the Hwy 12 Corridor selection starting with the spring of 1996, and 2) to discuss the details of the Alternative 6 proposal. O'Keefe reported that the environmental impact process was terminated along with consideration of the 4-lanc corridor proposals, which were placed with the new 2 lane corridor proposal, which will be located along the Burlington Northern tracks between Wayzata Boulevard and CoRd 6. Advantages of the 2-lane proposal are limiting the number of accesses, the ability to reduce the number of accidents, and the ability to handle higher speeds, and higher volumes of traffic. 1 AIINIITES OF THE REGULAR ORONO CITT COUNCIL MEETING HELD ON OCTOBER 14, 1996 (Corridor Selection for Huy 12 Upgrade - Continued) O’Keefe noted there were three proposals last spring, one uith a 2-lane bypass south of Long Lake and reconnection uith the current Huy 12 by Stubbs Bay Road The second proposal was the three component TSM proposal, which would have new interchanges at Watertown and Femdale The third proposal was presented by neighborhood groups for a three lane section on the existing alignment with a reversible east-west lane to be used during rush hours and as a 2-way left turn during off-peak times These proposals were evaluated during the summer months along with changes made to Ma DOT’S own proposal The interchange at Ferndale was eliminated as the benefit did not justify the cost The Watertown Road connection was also eliminated as the traffic has not increased on that road as projected to show sufficent evidence to justify the cost. O’Keefe said it was most noteworthy that the cost of tunneling under the Luce Line and Burlington Northern Railroad would be very expensive and an engineering challenge. The alternative of looking at moving the railroad tracks to the south with the road located north of the tracks was reviewed O’Keefe noted that Mn/DOT does not have eminent domain rights over railroad property and w ould require agreement from the Railroad. The Alternative 6 proposal provides the advantage of eliminating the Brown Road, CoRd 6, and Stubbs Bay Rd at-grade crossings, as well as two bridge trestles at Watertown Road and May Street O’Keefe said the railroad is in agreement to this point Mn/DOT is working with the railroad to move its current location 50 to 120' south of the current location, with the new Highway 12 located north of the relocated railroad tracks. The advantages of this would be less expense than that of tunneling under the railroad, and it allows bridging over the railroad at Brown Road The grade of the railroad could be lowered and would not impact the area south on Brown Road There would be a Lake Street connection with the new Broun Road slightly east of Virginia Avenue. By lowering the grade, there would be less visual and noise impact especially to the west where the railroad is depressed O’Keefe said Mn/DOT ofticials d scussed this alternative with the Orono and Long Lake Councils informally The proposal was presented on September 17 with Mn/DOT looking for the support of the Councils for the proposal as the identified preferred corridor The cities indicated general support A public meeting was held at St. George’s on September 30 to review the Alternative 6 proposal O'Keefe reviewed the features of the proposal and the decision and what is and is not part of the decision process made so far The corridor selection sets the general alignment only. The design details will be determined in the preliminary design phase. The design phase will involve working with the cities with regard to details with decisions hopefully made by October. 1997 The corridor is in a conceptual stage, especially where interc ^nges, ramps and loops are concerned. MINUTES OF THE REGULAR ORONO CITY' COUNCIL MEETING HELD ON OCTOBER 14, 1996 (Corridor Selection for H\\y 12 Upgrade - Continued) In re\ iewing the Stubbs Bay to Old Cry stal Bay Road portion. MaT)OT plans to acquire 50' of additional i ight-of-uay. The 50 ’ additional would be soutii of the current railroad right-of-w ay There would be an additional 18-1/2' deprt-^sion of the railroad at Old Crystal Bay Road New Highway 12 will be 12-13' lower than the railroad is currently today An additional 30' of right-of-way will be acquired east of Old Cry stal Bay Road. At Willow Drive, the proposed railroad grade will be lowered 15’ with Highway 12 +/- 5' above the proposed railroad grade The result is the proposed highway will be 10' below' the current railroad grade An additional 30-50' of right-of-way will be acquired east of Willow Drive through the City of Long Lake The highw ay will be forced to swing away from the railroad alignment at Watertown Road to avoid Green Glen Park located by the Linda Wood neighborhood This southern movement of 150-200' is the largest change any'where on the proposed Alternative 6 plan O’Keefe said the grades of the highway have some flexibility where it ties into the railroad grade to the east across the wetlands from the 7th green of Woodhill Golf Course to the Fleming Addition in Long Lake by the old sewer plant. He noted the maps were keyed to show the proposed right-of-way acquisition. The meeting was then opened to questions. Wharton Sinkier, an Orono resident of French Lake Road, noted an earlier project had inadequate flinding and did not meet the metro plan He asked if this proposal meets the metro plan criteria O'Keefe said the funding identified for the years 2001-2003 is sufficient to build what is being proposed He said the Met Council is most supportive of the plan. Mary Bashore, 2565 Woodhaven Drive. Orono. asked why the 3-lane proposal would not work O'Keefe said the reasons were 1) safety, 2) access, and 3)cost He noted the two projects are similar as to section types, but the accident rate is 2-1/2 to 10 times that of Alternative 6 equating to 70 accidents per year expectation Of those 70 accidents, one third are generally injury accidents, w'hich equates to 23 or 24 injury accidents per year The access issue involved the road connections being only to higher designed roads as in the trunk highway rather than to driveways, local streets, residences or businesses, O'Keefe noted that accidents increase in direct correlation to the number of accesses on a road The cost of the 3-lane proposal is lower at $30 million The 2-lane being proposed is projected at $40 million O'Keefe said the $30 million does not go far enough compared to what will be gotten for the larger amount He also noted the design criteria as it relates to average peak hour speed should be 45 mph for a principle arterial road. The 3-lane would be assigned 35 mph with an observed speed up to 25 mph, which would not allow' it to work as designed. 1 1 i 1 MINUTES OF THE REGULAR ORONO CIT\' COUNCIL MEETING HELD ON OCTOBER 14, 1996 (Corridor Selection for Hv\y 12 Upgrade - Continued) Anand Gopinath, 705 Old Long Lake Road, Orono, asked O'Keefe to comment on the "no-build" option O'Keefe said this option is still an alternative in the succeeding environmental study and still proposed as an alternative. John Winston, Orono. asked what the average speed was during rush hour on Interstate 394 between Hwy 100 and east into Minneapolis to Interstate 94. He noted speeds of 5 10 mph instead of the 25-35 mph expected. O'Keefe said he w as probably right but did not know Jonathan Thomhave, Orono Oaks resident, noted the rush hour timing from Wayzata Boulevard to CoRd 6 was about 9 minutes. The 4-1/2 miles of proposed corridor is expected tp take 6 minutes for a gain of 2-3 minutes O'Keefe was asked if this performance equates to a wise investment O'Keefe noted this to be a tough issue He said the commuters benefit from the 394 Interstate with 17 minute improvements attained When asked if the proposal would result in such improvements, O'Keefe said the improvement per mile is similar to that of the 394 project and makes a strong intuitive case. It was noted that people in the western suburbs are able to commute to St. Paul, Bloomington, and Minneapolis, and there is the need to look at the system and economic health of the metro area to determine that it is worth it. Thomhave also commented with regard to the 3-lane reversible proposal noting his membership in the group that proposed the reversible lane concept. It was said that the Canadian firm who performed the feasibility study concluded that the alternative was feasible and safe. Mn/DOT was said to lack personnel experienced with reversible lane knowledge. Thomhave said the reversible lane should cure the traffic problem noting the proposal was made to Dean Johnson, Senate Minority Leader, on June 26. The optional CoRd 11 proposal has an extension of Hwy 12 at Delano, where it doglegs At a meeting later that same day, which was also attended by O'Keefe, the commissioner of Mn/DOT said he was intrigued by the proposal at the meeting where it was presented The resident asked if the study was done on this proposal O'Keefe said it was as part of the process. 1 he information has not yet been compiled into a study, but O'Keefe said it would be done. Debbie Lewis, Orono. commented on the reversible lane suggested. She said she does not see enough land available for this option. Lewis said she has come to understand that the highway improvement is not to solve the length of travel time to Minneapolis but is a part of a larger picture to the west. She said the benefit of saving time was not the sole benefit of the improvement and did not believe the reversible lane was necessarily the best choice She does not believe the City of Long Lake w ants 24,000 cars to go through their town daily. She asked if depressing the railroad and the road was the right solution in the long run. She asked that the three lane alternative, or tunneling under Long Lake, not be chosen simply because it is used elsewhere, citing an example in Switzerland. MINUTES OF THE REGULAR ORONO Cl n COUNCIL MEETING HELD ON OCTOBER 14, 1996 (Corridor Selection for Hvv\ 12 Upgrade - Continued) Tim Saliga, 1825 May Street, Long Lake, said he looked at the historv' of his home this past January and submitted information to the State and Ma'DOT He was informed that there was historical interest in four areas already with the cemetery , the Pioneer Museum, and two railroad bridges He asked what will happen to the bridges'* O'Keefe said the possibilities were to either move them or mitigate. An agreement will be made between Mn/DOT and a historical officer. If demolished, a document would be produced to show the history Paul Burlingame, Long Lake, thanked O’Keefe for answering questions in a public forum. He asked what the compensation would be for those whose yards are next to the highway, what the road length would be, and the time frame for building the highway. He also asked that information be publicized O'Keefe said the land acquisitions are as shown on the map As to how the property is acquired, a square footage value would be placed on the property, and damages would be paid to the remaining portion. If the total value of the house and property is exceeded, a buy out or moving of the home wov.ld take place. If not, the amount is negotiated O'Kcete explained that if the property runs next to the highway but is not actually being touched by the project, or right-of-way taken, under the law, Mn/DOT cannot purchase the property without transportation use shown There would be no compensation for those properties O'Keefe noted that the City of Long Lake asked that conditions be added, whereby, the State ofler to purchase homes within 400* of the corridor Jiven the understanding of the law, this would be ditticult to do The State will investigate this option as part of an agreement with the City If not feasi'^le, it would take legislation to change the law. O'Keefe said the department would find it dilficult to support such legislation as this is only one project out of 400 being proposed Doug Hickey, 4301 Wayzata Boulevard, reported that his driveway now empties out into Hwy 12 and asked what will happen, whether his driveway would be extended or a service road provided O'Keefe said it could be addressed in different ways The cost of the home versus the frontage road would be taken into account It would be reviewed during the design stage, which will begin next, working with the cities, the neighbors, etc , to minimize impacts such as stated. 1 MINUTES OF THE REGULAR ORONO CIT\’ COUNCIL MEETING HELD ON OCTOBER 14, 1996 (Corridor Selection for Hwy 12 Upgrade - Continued) Gayle Harris, Orono, asked how close the 2-lane alternative would be to the railroad bed and how the road would be crossed from south to north O'Keefe said the distance between the center lane of the proposed Hwy 12 and the center lane of the railroad is 90 ’ He added that the Stubbs Bay Road access is proposed to be closed A bridge would be built over the railroad and highway on Old Crystal Bay Road A bridge would be built on Willow Drive and on Brown Road connecting south and north Willow and Brown Roads The Watertown and May Street accesses would be closed When asked how the 2-lane highway would be accessed, O'Keefe said it would not change The residents in the area would use old Hvsy 12, with the difference being, it would be less congested witti 1/3 to 1/2 the traffic. Clark Jenney, Orono. reported he has a problem with the 2-lane proposal He explained that he was orijpnally informed that a 6-lane extension was required to handle the traffic and then later told it was only 4-lanes required to handle the traffic, and questioned how 2 lanes can handle the traffic Jenney said he does not prefer 6 lanes or 4 lanes but also does not want 2 lanes if it cannot handle the traffic O'Keefe said 6 lanes would be necessary on the existing alignment to carry 4 lanes of traffic because of the need for frontage roads to provide local access, but added that this 2-lane proposal will carry more traffic The recent turndow n of a toll road on Hwy 212 was noted O'Keefe said he would prefer 4 lanes but it would not be possible to fit 4 lanes into the proposed right-of- way width Jenney also referred to the reversible lane proposal noting Rep Gen Olson was informed by Mn/DOT that she would take part in the esaluation process O'Keefe agreed that there had been an oversight in her inclusion but she has been involved since tfiat time by way of sharing the information available Jenney referred to O'Keefe's comment that Ma^DOT cannot be involved jn increasing the operating cost to the railroad and asked if this alternative improves the operating cost to the railroad. Jenney said, as he understood it, there would be two tracks where one is currently and the curve in the rail taken out O’Keefe said the ffatteneej curye would not reduce the operating cost to the railroad but is being considered to avoi(| Grepn Glen Park. Jenney asked if Mn/DOT was obligated to avoid the park and was l^Jd they were not obligated but w ere obligated to mitigate any loss of park land W'h^p p^pd about Holbrook Park, which will be affected, O’Keefe said it was not possit^le jp avP'd this area due to a cemetarv' located to the north. fm MINUTtS OF THE REGULAR ORONO Cm COUNCIL MEETING HELD ON OCTOBER 14, 1996 (Corridor Selection for Hwy 12 Upgrade - Continued) O'Keefe said the operating costs of the railroad cannot be increased by the change and noted the reduction in one curve horizontally He said the advantage to the Railroad was the elimination of the at-grade crossings and overpass bridges When asked about the two-track railroad option, O’Keefe said that option is now available and was requested to be kept available No agreement has been reached but a consideration to reduce the overall right-of-way while still allow ing Hwy i 2 to be squeezed in with minimal impact is being pursued O'Keefe said it was not a Mn/DOT requirement that Orono on the alternative prior to the election Callahan clarified that it was the Council’s request The cities will have 120 days from November 21, the date of Mn/DOT’s public hearing, to respond to the proposal with comments John Harris, 2445 Woodhaven Drive, asked why the environmental study was discontinued O’Keefe said there was a radical change in scope with the reduction from four lanes to two He added that an environmental assessment will determine if an environmental study is required for the two lane proposal. Harris said the elevation changes would result in environmental concerns with 6-9’ changes in regard to dust, noise and effect on foundations, water tables, and wells Harris said he realized the road was needed but voiced concern with what will happen to the homes in the future and believes the community should demand a study be performed O’Keefe responded that the purpose of the env ironmental assessment is to see if a study is needed to determine that. Scott Goldsmith, 265 N Old Crystal Bay Road, Orono, said he has owned his property for 15 years He said he understands there was a problem with funding and the inability to identify the location resulting in the change from a four lane to two lane road He sees the two-lane highway as a way to bring traffic through the area from the west, and not one of sav ing 3-4 extra minutes in drive time. He felt it w ould increase the rate of traffic and speed and give an incentive to businesses and travelers to use the roadway. He is concerned that the road would be a stepping stone to building a freeway at some point and sees that proposal in the future with the addition of 20-30 ’ of right of way He questioned if the funding was not obtained because Mn/DOT could not prove the road was consistent with that of an interstate He asked O’Keefe to comment on the possibility of the alternativ e being a stepping stone. Me also commented by virtue of the traffic, it would have a self regulating effect in that it would give incentive to use alternate routes and open greater development to the west. O’Keefe said the 80 ’ width of the proposed right of way w ould make it practically impossible to have four lanes O’Keefe said he would like to have four lanes, however, but there are no plans for that at this time O’Keefe cited a letter in the Sun Sailor from Maty Hill Smith, who sees the proposal as a viable alternative to a six lane road. i MINUTES OF THE REGULAR ORONO CIT\ COUNCIL MEETING HELD ON OCTOBER 14, 1996 (Corridor Selection for Hw\ 12 Upgrade - Continued) Goldsmith asked if any study has been done comparing trathc west of 394 versus east of Long Lake to dow ntown with the number of accidents It is his belief that accidents caused from the stacking up of trartlc is greater than in Long Lake and Orono O'Keefe said he believed the opposite based on accident reports Accident tables were available to the public on the information table Suzanne Platell, North Brown Road in Long Lake, said she was not convinced the new roadway was needed She agreed that there is waiting but not compared to that on Interstate 494 Platell opined that the no build option might be a better solution She did not feel the people of Long Lake and Orono w ould w ant the Hashing arrow s and the like which would be used in the reversible lane proposal She cited an example of owning a home overlooking Hwy 169 and the ditViculty in selling and the loss of value Platell asked O'Keefe what the proposal would be to those properties not taken but affected by depressed v alues O'Keefe noted that noise travels along the line of sight, and if the road is visible, it will have an impact O'Keefe said Mn/DOl will mitigate and do what they can to eliminate noise and sight impact with berms and noise walls to capture and reduce the noise As far as depressing values, O'Keefe said he did not know' if this was true. Ms. Karlin, Orono, noted attending a meeting in Maple Plain where Mn/DOT was asked why the road was started It was said it would be to carry 5,000 more cars expected in the next 20 years and for a truck route 1100 homes were also reported planned to be built in Watertown She questioned why Hwy 7 was not being improved instead O'Keefe said there was not the demand to use Hwy 7 as there is with 394/12, which is a direct route to downtown and Ridgedale Hwy 12 is identified on the National Highway System and is of a higher classification due to the population it serv es Karlin was also infonned, when asked, that the highway improvement would extend 300-400' west of CoRd 6 Bruce McFadden, Orono, said he saw the improvement of Hwy 12 over Hwy 7 as satisfaction of political pressure adding that the highway would create traffic. He saw a long term effect beyond this project where more roadway will be requested He asked O’Keefe if creation of traffic was taken into consideration and what measures are being taken in areas with changes to properties such as berms O'Keefe said he disagreed that the highway would create traffic noting that people create traffic w'ith households, employers, and shopping centers O'Keefe said barriers are a committed portion of the design development and a key area to address O'Keefe said there will be three dimensional designs used in working with neighborhoods for berms, bridges, and landscaping to show the results as realistically as possible. The hearing was closed for questions. MINUTES OF THE KEGUL.AR ORONO CITY COUNC IL MEETING HELD ON OCTOBER 14, 1996 (Corridor Selection for Hwy 12 Upgrade - Continued) Callahan informed those in attendance that the traffic problems on Highway 12 have existed for a long time, and the debate on what should be done with the roadway has heated up in the past ten years Callahan said the highway department is restrained by the legislature and required to perform an environmental study Once the decision was made to improve the roadway to the west, a number of steps were involved to determine acceptable alternatives Callahan noted there were 27 alternatives at one time Callahan said Orono did a study on its view s of the highway and alternatives with a number of public hearings, work by the Planning Commission, and by the Council Orono made the decision that they did not favor the "no build" option as it was believed that the road improvement was necessary and MnDOT would build it anyway In the scheme of the welfare of the State, it was determined that the highway should be brought to this area, though the Council was not necessarily for it The Council did believe it should be built within the present corridor and widened but recognized it would have a substantial effect on the City of Long Lake The differences between Orono and Long Lake were recognized, and Orono committed to do what was reasonable to alleviate the problems created for Long Lake as a result of the highway Long Lake, Orono, Mn/DOT, and occasionally Wayzata. engaged in mediation but were diametrically opposed on their views regarding 4-lane alternativ es for the corridor As a result of the mediation, the alternatives became narrowed The current alternative proposed in April. 1996, for the north side of the Burlington Northern Railroad was favored by Mn/DOT Callahan noted there were benefits to the alternative, though it is not entirely satisfactory Mn/DOT has performed the major portion of an EIS study of the whole corridor from Wayzata to Wilmar Callahan said if there were people who wanted to know the environmental effects on the area, Mn/DOT has studied it and knows its effect Callahan said Mn'DOT studied the 3-lane alternative proposed by the citizens of Long Lake and Orono He noted, although the Canadian firm deemed the 3-lane proposal feasible, most engineering proposals are found feasible Callahan said a decision was necessary for the general location of the road Once the location of the corridor is decided, additional studies relating to env ironment and design will take place to determine specifics as to exact location, the grade, and who will be affected The corridor report listed the preferred Alternative 6, along with the no-build option, and why the last eight alternatives were abandoned A public meeting will be held November 21, after w hich time, the City of Orono must make their determination Callahan said, if the City was not to act at all, they w ould miss the chance to have any say. .A no vote does not mean that Mn/DOT would not proceed, as they are not legally bound to any decision made by Orono Callahan said Alternative 6 is as close as it can be to where the Council would like to see a road built It is his opinion that the City of Long Lake will not approve an upgraded roadway in the current corridor. Callahan opened the meeting up to comments. i 'll MINITES OF THE REGULAR ORONO CTT\' COUNCIL MEETING HELD ON OCTOBER 14,1996 (Corridor Selection for Hwy 12 Upgrade - Continued) Clint Miller, 375 Silver Meadow Drive, Orono, has resided in Orono for 20 years He said he is opposed to Alternative 6 Miller said it is his opinion that the mediation process involved an insutVicient study He review ed the occurrences of the last 10 months and cites the v ision as not being consistent with the comprehensiv e plan of the City. He said the corridor approval was being seen as a "least bad" situation and views Long Lake and Orono as having a "not in my backyard" attitude Miller noted that the rural nature of the communities, the schools, lakes, and natural resources as being w hat draws the people together. He asked that a pro-active approach be taken and for the Council to get on board w ith their electorate He said he is a current member of the corridor coalition of both cities and has looked at how each work with Mn/DOT. Miller said the Council would be failing to serv e their community if they approv e the Alternative 6 proposal. Keenan Richardson, Orono, asked the Council ’s interpretation of the eft'ect of the corridor on the school system, its physical building, on enrollment and stratification. When asked w hy, Richardson said there will be a number of households lost in Long Lake. Jabbour noted that this would alleviate the open enrollment problem currently being faced, and he was not considering the school district in his decision. Kelley said he does have two children in the school district He noted the problems with buses currently crossing and turning off of Hwy 12 Kelley said the alternativ e improv es the safety and ability to cross Hwy 12 He currently does not allow his children to cross over Hwy 12 when using the bike trail Richardson said there were other ways to satisfy the issue of safety He asked what data was used regarding the effect of open enrollment and if the Council was willing to make a decision without this information The Council members said they were not using any data and were willing to vote without any additional information regarding the school district. Callahan said the Council is to decide on whether to adopt the submitted proposal. He said he personally has a difficult time seeing a 2 lane road as having any effect on the school other than displacing children from those homes affected. j MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 14, 1996 (Corridor Selection for Hwy 12 Upgrade - Continued) Debbie Lewis said data is available from Mayor Olson of Long Lake From that information, Lewis said ev en if the inflated number of houses was used (45 homes), the school uses the number of 75, only 33 children are affected, some of which are currently pre-school age In responding to a comment from Miller regarding the corridor as being a new selection, she thought the corridor was always being considered for either north or south of the railroad bed Lewis said she thought the original corridor was good, and this alternative leaves the City of Long Lake intact allowing for more of a small town feel, with no trucks driving through and provides better safety She questioned how the neighbors in the Linda Woods area would get in and out and saw possible destruction there Lewis said both cities are making compromises Lewis said more people will be living out to the west and saw the need in taking a ci%ic responsibility. She did note that she does not live on or near any corridor alternative but people commute and Orono and Long Lake cannot bury their heads Doug Coleman, 140 South Brown Road, said he has been involved in the highway matter for six years with a committee of citizens and has reviewed all of the alternatives. Coleman said homes have been held hostage, and the matter needs to be resolved Coleman said he is in favor of the Council voting yes to Alternative 6 as it would solve the issue of no new corridor, it is a creative solution in using the railroad corridor to solve traffic problems, and it maintains the integrity of Long Lake Bruce Carlson. 591 North Stream Road, Wayzata, said he lives on the north side of Hwy 12, east of Long Lake He sees the situation as unfortunate Carlson has served as president of the North Long Lake Residents Association Carlson said he recognizes the difficulty the Council is facing 1 le sees Orono's situation to reconcile differences in order to get to a rational decision almost impossible He said their board recognizes that 100% satisfaction is unattainable Carlson said he supports Alternative 6 as it will facilitate traffic, is good for Long Lake, will improve safety and access, has a relatively low impact on residences, and is consistent with the Orono comprehensive plan approved by the Met Council. Carlson said the alternative is an acceptable solution and sees the need to make a decision in order to gain some certainty in the lives of people affected. Carlson said he recognizes growth as a fact and sees the need to plan and make decisions. He personally believes it would be useful if the State law was modified to protect those near a road such as this Carlson would like to see those impacted by noise get some compensation for what occurs noting those one inch away from the right-of-way have no current recourse. C.allahan said the City of Long Lake has concerns for impact of noise and the City Council agrees. The Council has asked to be part of getting legislation changed a Mn/DOT has their hands bound He noted there will be interest in such legislation by Long Lake and others } MINUTES OF THE REGULAR ORONO CIT\’ COUNCIL MEETING HELD ON OCTOBER 14,1996 (Corridor Selection for Hwy 12 Upgrade - Continued) Jane Slaughter. 4545 Wayzata Boulevard, said she lives on Hu7 12, west of the corridor. She has similar concerns regarding Hwy 12 as expressed by Council Member Kelley. Her driv'eway will be on Hwy 12, and she has concern for bus safety for the children. She asked that this be a consideration Callahan said the Council will consider her concerns and noted Mn/DOT also has those concerns Slaughter asked if the Council would work with the City of Medina as her driveway is located in botn communities Callahan informed her that specific problems are not part of the debate at this time as the road design is currently unknown Slaughter asked that she not be left out and forgotten noting that the only access onto Hwy 12 will be hers if the improvements are made. Callahan reported that Mn/DOT will bring back the designs to the cities to review problems and hardships. John Winston said the alternative is a vast improvement and recognized the work behind the proposal Winston said he sees a problem during the two hours of rush period in the morning and two hours in the afternoon and in only those time periods He said, in looking at the present corridor, there is room for improvement and expansion, but did note the bottleneck that occurs in Long Lake. If Alternative 6 goes forward, Winston asked that those who live nearby be given consideration regarding the noise issue. George Hutchins, 2550 Woodhaven Drive, Orono, said his property would not be taken but would be affected as it is located adjacent to the highway He is concerned that there are more questions unanswered than answered and is concerned with the urgency to vote He asked the Council not to vote at this time He said he is also concerned for Long Lake and questioned whether State funding for the City will be affected by the direction taken for or against Callahan informed Hutchins that the vote will not affect funding as it is set up by other departments He noted there have been other votes on Mn/DOT actions with no recourse Callahan also said he does not share the concern regarding the urgency issue He would like to see it move forward Callahan noted that until ground is broken, there will be many answers unknown Callahan commented that choosing an alternative eliminates concern over other areas, and he is of the opinion that the vote should have taken place sooner Doug Coleman commented that the issue is of homes being held hostage with the unknown location of the corridor With the corridor decided, the determination can be made for who will be affected. Because of that, Coleman asked it the Council is willing to support low ering taxes for those aff ected Callahan responded that if the property values go down, the property ta.xes will automatically go down as the value does. W’hen asked if he supported that, Callahan said he was not sure that the values will decrea.se but would if that occurred Jabbour asked to consider values going up. Coleman said these homes are unable to be sold to anyone at this time. MINUTES OF THE REGULAR ORONO Cm^ COUNCIL MEETING HELD ON OCTOBER 14, 1996 (Corridor Selection for Hwy 12 Upgrade - Continued) Coleman said he has dealt with the Council and Mn/DOT only since last year and has found Nfn/DOT to be dismissive and duplicitive He believes the Council is acting with a minimum of information and a maximum of haste Coleman noted that if the behavior of governmental bodies is held in least favor, less people will want to be involved Callahan responded if the citizens realized w hat they as a governmental body have gone through, they would not want to be involved Jabbour responded to the aforementioned comments from Coleman noting the Council to possess a value for the way of life in the community He reported that he has been involved with the process and mediation for many years and has at times been to as many as 14 meetings in a week's period. He noted the polling that has been conducted and the meetings held with other politicians He also remembered that the citizens asked four years ago for a decision to be made He said he is bewildered by the position that the Council is now acting in an urgent manner Without the ability to move forward, nothing can be done or questions answered He also noted that the Council has worked closely with Long Lake citing the issue of the MUSA line Coleman said his experience with government has been only over a year's time period but has found the experience to be fruitless Jabbour responded that he has personally met with Coleman three times in the last month Keenan Richardson made the comment that if the Council has worked so closely with Mayor Tod Olson of Long Lake, why they were unaware of the school data. Bill McGran reported that he has been a member of the North Long Lake Association for the last six years In response to an earlier speaker asking for a proactive solution, McGran said he knows the Council has taken a proactive approach with the government and legislative body. McGran said he understands the solution is not perfect considering the cost and damage to the environment, but on behalf of the North Long Lake Association, who has also worked with the South Long Lake Association, asked the Council to vote and support Alternative 6. Nancy Bordson, Orono Oaks Drive, noted the list of demands presented by Long Lake to Ma/DOT, and asked the Council if they had such a list. Callahan and Jabbour said the City does not. It was noted that the Council will work with Orono homeowners who are affected Callahan said the concerns of Long Lake were presented to the citizens in a different manner kc cited the issues of relocation, damage payment, question of replaeemcnt of the City hall, and destruction of utilities Callahan said, although he agrees with the problems, the approach is different. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 14, 1996 (Corridor Selection for Hvvy 12 Upgrade - Continued) Jabbour said relocation will be a task to work through once the go ahead has been given for the project. He sees less impact but noted it was the job and obligation of the Council to see that solutions are found. Bordson asked, assuming the plan was voted in and assuming Long Lake voted against the proposal, whether Orono's vote would weaken Long Lake’s position Callahan responded that if Long Lake should vote no regarding Alternative 6, Mn/DOT would adopt some attitude but Orono would try to keep the corridor as close to the current corridor as possible. He noted the circumstances may be dilferent if the vote is ditferent. Callahan commented that it has taken years to make the decision and years for the project to go forward MaDOT’s intention at this time is to go ahead with Alternative 6. Chris O'Connor, 2525 Woodhaven Drive, Long Lake, urged the Council to vote no. He would like to keep the highway where it is now located, which he feels has the least impact on the most people If the highway is lowered to where the railroad bed is located, O'Connor asked if the current highway could be lowered at Willow Drive and Old Crystal Bay Road. Callahan said he felt that could be done and could also be a workable solution O'Connor asked the Council to work with the current corridor and make improv ements there. Paul Roligate of Long Lake, an engineer, commented on a remark made earlier regarding the feasibility of projects noting everything is not feasible. He encouraged the Councils and State Representative to ask the citizens what they want and to let the citizens know what can be done. He asked that the issue be placed on the election ballot. He asked for less governmental authority and more citizen input. He also asked that information be sent v'ia mailings noting the issue affects the lives of people. Mr. Jenney informed the Council that he is a representative of the current corridor coalition and is directly impacted by the proposal. He is concerned that the Council is not listening to the people He noted 34 homes were impacted and others within 400’ of the corridor 1 le asked to meet individually with Council members to discuss the issues. Jenney asked for dialogue in order to explain their position. He asked that the Council delay their vote for now but to make it soon. Jenney said he met with Goetten and Jabbour. Although it was a good meeting, no conclusions were made. Jenney said both sides learned during the meeting with some adversarial points He said he did not receive a return call from Callahan Jenney said he did not feel he was fully heard He reported that he felt his meeting with Kelley was ineffective and was informed by Kelley that he had enough information. Jenney said the number of homes affected according to Kelley was off 300% MINUTES OF THE REGULAR ORONO Cm' COliVCIl MEETING HELD ON OCTOBER 14, 1996 (Corridor Selection for Hwy 12 Upgrade - Continued) Jenney suggested no vote be taken for the following reasons He questioned why the ' three lane option was not accepted suggesting it was because it was developed by someone else He said the facts relative to the number of homes was wrong Jenney said he was told 13 homes were affected and information points to 40 homes Jenney says it is not hard to do due diligence He reported that Mn'DOT said they were unable to construct a list of homes affected until November 7. Jenney feels without having the facts, the right decision cannot be made Jenney said Jabbour and Goetten suggested citizens meetings Jenney suggests individual meetings and feels the citizens have not been heard outside of the public forum Jenney said he spoke with City Administrator Moorse on this date He asked Moorse if the vote w as reversible or if the next Council could reverse the vote I le said he w as informed that Moorse was unsure Jenney said the decision made may or may not be binding Jenney feels there should be due diligence to find out the facts noting there is no rush as the Council has 120 days past November 21. Jenney said the issue of a binding vote should be determined prior to the vote. John Offerman, 330 Silver Meadow Drive, Orono, noted that an issue of concern has not been addressed He asked the Council if they vote in favor of this proposal that a contract be drawn ensuring that the two lane highway would not be expanded to four or six lanes in the future Callahan responded that there was no method to get four lanes into the proposed right-of-way Callahan said Mn/DOT should consider four lanes now to see if there was the land available if that is their intent Callahan w as of the opinion that Mn/DOT would come back w ith such a proposal in 20 years if the population does grow to the west. Callahan said he docs not, however, believe gaining two lanes now is an effort to eet four lanes in the future and lessens the possibility for the need tor four lanes. Offerman reiterated his request for a contract limiting the highway to two lanes. Tr.e Council was also asked if any one of them was affected by the corridor in regards to their residences or businesses It was noted that no one on the Council is affected. Jim Murphy, 30 Orono Orchard Road, said he came away from the mediation meetings w'ith the belief that Ma^DOT has come up w ith an alternative that all can adopt. He noted that how rational or irrational people are is directly dependent on how they will be affected by the proposal Murphy said he was proud of how the people worked together on the three lane proposal. He feels that the alternative is a "done deal" and the vote should be made He asked that all of the people pull together He implored the Mayor to pay attention to those affected noting they are angry and hurt. Callahan responded to the truth of Murphy's statement. He agreed that people affected will be emotional wherever the corridor is located Callahan said the Council will do all it can to lessen the problems. He noted that the general issues concerning mitigation of impacts brought fbnvard by Long Lake deserv'e senous attention. 1m # m MINUTES OF THE REGULAR ORONO Cm' COUNCIL MEETING HELD ON OCTOBER 14, 1996 (Corridor Selection for Hwy 12 Upgrade - Continued) The public hearing was closed, and the Council was asked for their comments In response to a comment made by Bruce Carlson, Goetten said she has put 10 years into this project She has seen many meetings and committees noting all have worked hard. Goetten said she was sorry that the issue was so painfiil for some Goetten said the decision was made right from the beginning to support those whose homes will be taken or impacted. She said the decision must be made in order to move forward, and it is time for that decision to be made Jabbour noted as a public servant, it is his duty to serve the total constituency. He reported that Orono was at one point outside the circle of the metropolitan area and has kept growth to a minimum He reported tl^at there are 900 lots remaining in Orono with development at 30-40 lots per year. Jabbour commented that Orono cannot control what is done in other cities He noted the serious east-west problem reporting 19,500 cars use CoRd 15 daily. There is also a proposal to improve CoRd 6 Jabbour noted that we do not leave our City without entering another. He said he is unhappy to make a decision that will take away someone ’s home but feels he has the information necessary to make a decision He promised to mon. or the situation and serve the City, adding that Orono is now inside the circle of the metropolitaii area He reiterated that the decision is not being made hastily He would like the vote to be taken prior to the election so the people know where everyone stands. Hurr noted that she was unable to respond to the call made by Mr. Jenney. She reported that she has read all of the materials and has the facts, citing the history of improvements made to McCulley Road Although she does not live near the corridor, she is in support of it and is not afraid of making a decision that afreets her directly too, citing the new public boat access on Maxwell Bay where she resides Hurr moved, Goetten seconded, to approve Resolution #3780, the Alternative 6 proposal for Trunk Highway 12. Vote; Ayes 5, Nays 0. APPROVAL OF MINUTES (*#3) REGULAR MEETING OF SEPTEMBER 23, 1996 Jabbour moved, Hurr seconded, to approv e the Minutes of the Regular City Council Meeting of September 23, 1996. V'ote: Ayes 5, Nays 0. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 14,1996 (*#4) WORK SESSION OF OCTOBER 2, 1996 Jabbour moved, Hurr seconded, to approve the Minutes of the City Council Work Session of October 2, 19%. V^ote Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT (*#5) APPOINT ELECTION JUDGES FOR GENERAL ELECTION - RESOLUTION #3781 Jabbour moved, Hurr seconded, to approve Resolution #3781 appointing election judges tor the November 5, 19%, general election V'ote: Ayes 5, Nays 0. (*#6) APPOINTMENT OF PLANNING COMMISSION VICE CHAIR Jabbour moved, Hurr secoiided, to approve the appointment of Sandra Smith as Vice Chair of the Planning Commission Vote; Ayes 5 Nays 0. (•#7) TAX FORFEIT LOT RELEASE tq ADJACENT LAND OWNER - 1290 SPRUCE PLACE - RESOLUTION #3782 Jabbour moved, Hurr seconded, to adopt Resolution #3782 releasing the tax forfeit land located at 1290 Spruce Place for private sale to adjacent land owners Vote; Ayes 5, Nays 0 (#8) 500 HANLON AVENUE - SEWER ASSESSMENT Hurr mov ed, Goetten seconded, to table this agenda item. Vote; Ayes 5, Nays 0, (*#9) LETI ER OF INTENT TO PURCHASE DUMP TRUCK Jabbour moved, Hurr seconded, to approve providing a letter of intent to purchase one 1997 single axle dump truck for an amount of $65,972 to Boyer Ford. Vote Ayes 5, Nays 0. (*#10) LICENSES Jabbour moved, Hurr seconded, to approve the following licenses with a vote of Ayes 5, Nays 0. Home Occupation License Annual Review Charles Anderson 1295 Loma Linda Avenue Maryanne Ebert 1680 North Farm Road A 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 14,1996 (/^lO Licenses - Continued) Dale McCurdy 4041 North Shore Driv'e Russel] Norum 3264 North Shore Drive Ginger Scott 2620 Kelly Avenue (*#11) BILLS Jabbour moved, Hurr seconded, to approve payment of the AD Funds Account. Vote- Ayes 5, Nays 0. ADJOURNMENT Callahan moved, Goetten seconded, to adjourn at 10 25 p m Vote: Ayes 5, Nays 0. Edward J. Callahan, Jr., Mayor ATTEST; Dorothy M. Hallin, City Clerk i L Ocr ^ ^ Coy. REQUEST FOR COUNCIL ACTION DATE: October 23, 1996 ITEM NO.: Department Approval: Adminutrator Reviewed: Name Jeanne A. Mabusth Title Building A Zoning Administrator Agenda Section: Zoning Item Description:#2128 Orono Ice Arena, Inc., 1025 Old Ciystal Bay Road North - Conditional Use PermitA^ariances - Resolution Zoning District:RR-IB Lot area = 4.4 acres Application Orono Ice Arena, Inc., a non-profit organization, has applied for a conditional use permit per March, 1996 code amendment for an enclosed ice arena on the Orono school property. The application also involves a variance to the required number of parking stalls to support the proposed use, a setback variance for exterior parking lot adjacent to Old Cr>stal Bay Road and a signage area variance. The applicant has held two information meetings for 21 residents in both Januar>' and March at the Orono Council Chambers. The Planning Commission held the public hearing and completed their review on April 15, 1996 (Exhibit U). On October 24, 1996, Met Council completed a comprehensive plan review for the City of Orono approving the realignment of the Metropolitan Urban Service Area that would include the 4.4 acre property. A joint engineering study sponsored by both the cities of Long Lake and Orono has confirmed that there is adequate sewer capacity in the existing sewer lines downstream to serve the proposed use and future sewer project to ser\'C the neighborhoods north of Long Lake. The following ordinances arc pertinent for this review: 1.Section 10.20, Subd. 3 (A-1) (Ordinance No. 145, Second Series approved by City Council on March 11, 1996) - Exhibit K. Conditional use permit required for construction of indoor ice arena on Orono schoo' property. Standards of the new code amendment section are reviewed as follows: a.The facility shall be located on the same tax parcel as the principal high school use. Refer to Exhibit W, the school has completed the legal combination application with the City. b.Setbacks for ice arena (review Exhibit FF, amended site plan). Required = 50' West lot line = 50 ’ North lot line = 50 ’ East lot line = 180’ South lot line = 180’ No variance required. Request for Council Action continued Page 2 October 23,1996 #2128 Orono Ice Arena, Inc., 1025 Old Cry stal Bay Road North 2. c. The ice arena will not be separated from the high school by a public road. The facility shall be owned by a non-profit organization under a ground lease and recreational facilities cooperative agreement. Exhibit D-1-29, with the school district. Review Exhibits Z and AA, the Articles of Corporation define the new entity known as Orono Ice Arena, Inc., a non-profit corporation that will maintain Section 501 (c) (3) status. (Refer to Exhibit AA, IRS District Director letter, September 6, 1996). e.Applicant shall demonstrate financial capability to complete construction of facility. Refer to Exhibit EE, applicant has submitted a certificate of costs and sources of funds bringing the total of committed fimds and guarantees to $2,600,000.00 or 89.6% meeting the required 80% of proof of financial capability to complete construction. I he City Council shall decide how they wish the sources of funds or revenues to be confirmed by applicant. Section 10.61, Subd. 2 (A-3) - Uses permitted as a conditional use permit in a residential zoning district. Such uses arc permitted 12 s.f. of signage. Refer to Exhibit BB, applicant proposes signage on both the east and north sides of the building. Letters will be etched into pre-cast panels. The letters will be approximately 18" in height. Each sign is proposed at 38 s.f. Allowed signage area = 12 s.f. Proposed signage = 76 s.f. Variance = 64 s.f. 3. Section 10.61, Subd. 5 (A) - Exterior parking setback variance. a.Front/street setback. Required = 50' Proposed at Old Cry stal Bay Road = 19.3' Variance = 30.7' or 61.4% b.Side/rear setback. Required = 10' Proposed at west rear line = 48.3' Proposed at south side lot line = 25.34' No variance required. I j Request for Council Action continued Page 3 October 23,1996 #2128 Orono Ice Arena, Inc., 1025 Old Crystal Bay Road North 4. Section 10.61, Subd. 10 - Parking stall variance. Proposed = 800 seats Staff considered two sections of the code: a.Subsection E - Churches. Auditoriums, etc. - One space for each four seats. Required = 200 Proposed = 91 Variance = 109 or 54% b.Subsection F - Theater, Athletic Field - One space for each six seats. Required = 133 Proposed = 91 Variance = 42 or 32% i 1 Staff finds Subsection E - Churches, Auditoriums more consistent with proposed use. Council may wish to reconsider. List of Exhibits A B C D E F G H I J K L M N O P Q R S Application Applicant's Addendum Outline of Terms of Least Agreement with School District and Applicant Property Owners List Plat Map Gustafson Report 4/10/96 Soil Test Map, GME Report Gustafson Report 1/5/96 Orono Hockey Boosters Letter to Jim Grabek 4/2/96 Orono Hockey Boosters Letter to G. Timm 4/2/96 Section 10.20, Subd. 3 (A), Ordinance Amendment Existing Topography Floor Plan Grading Plan Stormwater Utility Plan Roof Detail Elevations E.xterior Electric Plan Planting/Landscape Plan * • r KM «IHi 1 » • mm 'wmbav -i -iM -1 L Request for Council Action continued Page 4 October 23, 1996 #2128 Orono Ice Arena, Inc., 1025 Old Cr\'stal Bay Road North Tl-22 Applicant ’s Addendum Comments Concerning Neighborhood Concerns and Applicant ’s Response U Planning Commission Minutes 4/15/96 VI-5 Gaffron Report, April 17, 1996, Determination of EAW/EIS Applicability-Orono Ice Arena Project W Legal Combination of Property with Orono High School Property XI-3 MCWT) Permit Application No. 96-80 and MCWD Letter of April 23, 1996 Y Draft of Memorandum of Understanding Between City and Applicant Regarding Maintenance of Stormwater Facilities Articles of Incorporation-Orono Ice Arena, Inc. IRS Letter, 501 (c) (3) Status Building Signage Plan Roof Plan Locating Peak Height at Comers and Midwest Side Wall DDl-29 Ground Lcase/Recreational Facility Cooperative Agreement EE Certification of Funds and Final Cost Estimate FF Revised Site Plan Z AA BB CC Building and Site Plan The enclosed arena structure is proposed at 163' x 251' for a total footprint of 40,900 s.f. The structure will meet the required 50' setback from all lot lines. Per the building height definition of the zoning code, the legal height of the structure is 20’ 6" defined at the west side of the structure. Refer to Exhibit CC, the final design and grading information confirms peak heights of structure on roof plan. At the north and south comers along the west lot line, the peak height is approximately 23-24’. The peak height increases as you move eastward where the peak height at both north and south comers is recorded at 32’. The peak height of the east wall along Old Cr>stal Bay Road is 32’. In an attempt to minimize the starkness of the structure, applicant has introduced translucent panels to be installed within sections of pre-cast concrete wall to soften impact. The translucent panels resemble windows. The entire stmcture will be constmcted of pre-cast concrete wall panels. The f.nin'jj uon will be slab on grade. The 800 seat capacity bleachers will also be constructed of a pre-cast concrete. The stmcture will be fully sprinkled. The original arena stmcture proposed by applicant had a curved roof design that reached a maximum height of approximately 40-41'. The stmcture is now' shown with a flat roof with a maximum peak height at 32'. 1 i Request for Council Action continued Page 5 October 23,1996 #2128 Orono Ice Arena, Inc., 1025 Old Crystal Bay Road North The structure has been designed to minimize any noise-producing elements that might impact the adjacent residence at the west lot line. There will be no rooftop air handling equipment. In addition, no louvers or other openings are proposed along the west wall. Air cooled condensers for ice making equipment have been selected with care in an attempt to minimize noise element. The lobby at present will not be air conditioned but if air conditioning is proposed at some time in the future, a masonry structure will enclose the air conditioning condenser. Parking lots have been specifically placed along the east and south lot line with the building as a buffer from the noise of the parking lot. Lighting will also be limited to the use areas of the facilitv. Applicant also proposes the installation of fencing and plandngs along west lot line to minimize impact of solid masonry wall upon residence to immediate west. Parking areas have been relocated out of Type I wetlands located within east and southeast yard. Applicant confirms 91 (4 handicap) parking stalls. Staff found the proposed use and additional use of structure more similar to an auditcrium use than an athletic field and recommended a one space for each four seat parking formula rather than one space for six seats. Council may not agree. Planning Commission concurred with staffs findings and approved the parking variances of 109 stalls or 54%. The cooperative agreement with the school district formalizes the shared use of parking facilities between school and Orono Ice Arena, Inc. A walking pathway connects the most northern parking area at the high school with parking area of the ice arena facility. Grading/Drainage/Acce.«s Review Exhibits L, N and O, surface runoff will continue to drain predominantly to the east and eventually to the northeast culvert. Surface runoff from the developed site will be treated in a detention pond in the east yard before entering drainage swale and exiting culvert that eventually drains to the north side of County Road 6. The grading plan shows that swales will be installed along the west line directing drainage either to the north or south of structure, eventually being carried via swales or stormwater facilities to detention pond in the northeast. The single access to the property has been located immediately opposite the entrance to the Orono Baseball field gravel drive. The engineer has approved the grading plan and access location. Exhibit F. Review Exhibit XI-3, the Minnehaha Creek Watershed District has granted a permit for the drainage plan. The MCWD Board in its approval of the permit required that the City enter into an agreement to monitor and maintain the drainage facilities on the property. The City Administrator has contacted the Executive Director of the Watershed District, Gene Strommen, and Mr. Strommen has agreed that the City need only agree to monitoring the i Request for Council Action continued Page 6 October 23, 1996 #2128 Orono Ice Arena, Inc., 1025 Old Cr> stal Bay Road North drainage facilities. A draft of a Memorandum of Understanding of both the City and the applicant's obligations has been included in your packets. Exhibit Y. The applicant has reviewed the draft as ainended and has agreed to execute the agreement. One of the major concerns raised by the neighbors in attendance at the public meeting was the issue of the location of the building at the northern extreme of the property. Applicants were asked why the structure could not be relocated closer to the south lot line with the parking areas relocated to the north and east sides of the property. Refer to Exhibit G, the wetlands delineation plan shows Type 1 wetlands located along the east lot line and southeast yard of the property. Both the engineer and consultants for the applicant agree that the soils report suggests that soils become considerably worse closer to the wetland areas in the south yard. The applicant, in their letter of April 2, 1996 to James Grabek, notes soil conditions are an especially critical issue for this project requiring more soil correction. Note appttcaiil'j letter lists thi a os th o Idrt leasu n fm locating stiuctui e tu 'tlie north. Prime issues are aesthetics and ftinctioaility. The lobby is south facing and the majority of the arena use is during the winter months. They wish the parking to be oriented to the entiy on the south side. Applicant also notes that since the applicant has entered into an agreement with the school district to share parking that parking at the east and south yard is easily accessible to the parking by high school students in the day. Placement of the structure to the north helps the drainage plan function more efficiently. The neighbors have provided exhibits and wish to address their concerns regarding the placement of the structure at your meeting. The applicant has renotified neighbors that application will be considered by Council at the October 28th meeting. Utilitics/Easements Refer to Exhibits F and H, wastewater shall be pumped from a grinder pumping station through a force main to the existing gravity sewer line within Old Crystal Bay Road. Gustafson notes the pumping station should be located near the driveway for future maintenance purposes. The City shall ask for easements over all lines located out of the Old Crystal Bay Road public right-of-way. This would not include the private connection lines to arena structure. The City will ask for drainage easements over the detention pond. Type 1 wetlands shall be protected via the special conditions of the conditional permit resolution that shall also include the site plan locating two Type 1 wetlands on the property. The County has not been asked to review this plan as there is no improvement that will involve an alteration of the County right-of-way nor does this applicant propose either temporary or permanent access onto the County road nor would the City encourage direct access onto the County road. Request for Council Action continued Page 7 October 23, 1996 ^2128 Orono Ice Arena, Inc., 1025 Old Crj stal Bay Road North Applicant's architect has submitted final building plans to the Mettopolitan Council for determination of the e.xact number of SAC units. The City has received no final estimate as of this writing. Applicant has been advised that they will be charged sewer and water connection charges based on the number of SAC units. Per the 1996 fee schedule, a combined sewer and water unit connection charge will be $8,490. As already noted above, recent engineering studies have confirmed that there is adequate capacity within existing downstream sewer lines to maintain wastewater from this facility. Metropolitan Council has approved Comprehensive Plan Amendment #6 on October 24, 1996. The City will formally adopt Comprehensive Plan Amendment #6 via resolution at their October 28th meeting. Applicant is aware that they will have to extend existing sewer and water lines to the north to achieve sewer and water service. Landscuping/Fencing/Signage/Extenor Lighting Review Exhibit S. the landscaping and planting schedule was approved by the Planning Commission although applicant has agreed to work with the property owner to the immediate west to determine location of additional plantings. Applicant has advised that additional plantings have been added to landscape plan and will present the amended landscape plan at your meeting. Mr. Engebretson has confirmed that he has heard no further from Gerry Timm, resident to immediate west, concerning fencir.n or plantings. Signage vvas of concern for neighbors and Planning Commission members who wanted adequate signage locating the new facility at this site. The only signage proposed by applicant are the two wall signs on the east and north side of structure. Planning Commission members questioned the need for a temporary sign at the intersection of Old Crystal Bay Road and County Road 6 to alert out-of-town visitors to the location of the facility. Applicant had advised of the school ’s plan for a revamping of all signage on the school campus and that the ice arena facility was to be included. The applicant will seek approval of the signage area variance as proposed. The applicant advises that all lighting will be shielded downward and away from the adjacent residential properties and public roadway. A detailed lighting plan will be provided with the building plan and will meet all required standards of the municipal code. Lighting will be provided adjacent to wall signs and in parking lots. Request for Council Action continued Page 8 October 23,1996 #2128 Orono Ice Arena, Inc., 1025 Old Crystal Bay Road North Operating/Managing Board Review Exhibit C, the Articles of Incorporation, this facility will be operated by a Board of Directors consisting of five members, three shall be appointed by the Orono Hockey Boosters, one by the school district and the other by the City. Applicant also advised that they would like to have a neighborhood representative present as a liaison but the liaison will be a non voting member. The Board will hire a professional arena manager or management firm to maintain facilities. During the heavy use months of the winter season, the facility will be operated from 5:30 a.m. through 11:30 p.m. (September 15 - March 15). During the off-season hours, the facility will be used from 7:00 a.m. to 10:00 p.m. TTie off-season users and uses are reviewed as follows: 1 2. 3. School district - educational activities for school productions, meetings, fairs cr other fund raisers and may also serve as classrooms. Community Education - uses such as classes for roller blading and other recreational programs, for teen dances and other youth activities. Youth Athletic Association - softball, baseball or tennis for indoor practice with batting cages and screens. 4. Community at large - meeting spice and other appropriate functions and events. Variances The applicant seeks approval of three variances. First the setback for exterior parking adjacent to Old Crystal Bay Road proposed at 19.3'. The parking lots of the high school, elementary school and middle school to the south are located closer to the street lot line than parking setback for the arena site. There is adequate room for applicant to provide plantings along the lot line. Applicant proposes a wetland planting consistent with the Type I wetland located between street right-of-way and parking area. It will be important to maintain low lying plantings to protect sighting distance at the intersection of access drive at Old Crystal Bay Road. The second variance involves the required number of parking stalls required by code at 200 stalls for 800 bleacher seats. Applicant's final count is 91. This includes 4 handicap stalls. Per the joint agreement with both the arena facility and the school district, parking areas will be shared. The third variance involves a signage area variance. Planning Comniission felt the 12 s.f. was inadequate to serve signage needs for this type of facility. r Request for Council Action continued Page 9 October 23, 1996 #2128 Orono Ice Arena. Inc., 1025 Old Costal Bay Road North Planning Commission Recommendation The r'anning Commission recommended unanimous approval of the conditional use permit and variances noted above to permit construction of an enclosed ice arena on the school property located at 1025 Old Crystal Bay Road, subject to the following conditions: 1.Upon application for a building permit, the following must have been completed or submitted to the City Building Department with application Information: Final specs and plans for extension of utilities for engineer’s review. b.Written report from applicant ’s architect confirming number of SAC units required by Met Council. c. Final grading and paving plans to reflect Orono engineer’s recommendations and corrections. d.Payment of sewer and water correction fee at $8,490 per unit to City, total payment to be based on number of SAC units charged by Met Council. 2.Applicant and owner to grant drainage easement over detention pond on property. 3.Applic'’'t to obtain an access permit for the new curb cut from the Public Works Department. 4.Approval of the hours of use during peak winter ice season and off-season periods as set forth in Ground Lease and Recreational Facility Cooperative Agreement with Independent School District #278 and Orono Ice Arena, Inc. 5.Approval of variances per findings or hardships set forth above and in applicant's letters and addendum information. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission’s unanimous recommendation. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution, 1 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (A4) AND VARIANCES TO SECTION 10.61, SUBDIVISION 2, (A-3), SUBDIVISION 5 (A) AND SUBDIVISION 10 FILE NO. 2128 WHEREAS, Orono Ice Arena, Inc., a non-profit Minnesota corporation, (hereinafter the "applicant") has an interest in the property located at 1025 Old Crystal Bay Road North within the City of Orono (hereinafter the "City") aiKl legally described as follows: refer to Exliii -t A attached (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit to construct a 163 ’ x 251' indoor ice arena as a non-profit organization under a land lease agreement with Orono Independent School District ^278 per Section 10.20, Subdivision 3 (A-1), and variance to Section 10.61, Subdivision 2 (A-3) seeking approval of a signage area variance of 64 s.f. « here 12 s.f. would be allowed, a variance to Section 10.61, Subdivision 5 (A) for a setbac riance for exterior parking along Old Crystal Bay Road proposed at 19.3' where the code uld require a 50' setback, and a variance to Section 10.61, Subdivision 10 (E) for a parking stall variance to the total number required proposed at 91 where the code would rcti-ure 200. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS 1. This application was reviewed as Zoning File /^2128. 2.The property is located in the RR-IB Rural Peside.itial Zoning District requiring two acres in area. The property consists ot 4.4 -f- acres. 3.The Orono Planning Commission reviewed this application on April 15, 1996 and recommended approval of the variances as proposed and the '^’•anting of conditional use permit for the construction of an indoor ice arena at a total footprint of 40,900 s.f. of area. The following findings have been made to support the granting of the conditional use permit: Page 1 of 9 \ a. c. d. e. The facility shall be located on the same tax parcel as the principal high school use. b. Tlw arena structure shall meet the required 50’ setback from all lot lines. The ice arena will not be separated from the high school by a public road. The facility shall be owned by a non-profit organization under a GROUND LEASE AND RECREATIONAL FACILITIES COOPERATIVE AGREEMENT w ith the school district. Per a letter of September 6, 1996 from the IRS District Director, applicant's status is confirmed as a non profit corporation maintaining Section 501 (c) (3) status. Applicant has submitted a certificate of costs and sources of funds for the construction of arena and has demonstrated financial capability to complete said construction confirming 89.6% commitment of funds or revenue have been attained meeting the required 80% as required per code. 2. The following unique findings and hardships can be made to support the granting of the variances: a.The exterior parking area is located adjacent to Old Crystal Bay Road and the area is surrounded by schools, school parking lots and sports facility fields and parking lots and will have no impact on surrounding residential neighborhood. b.A lease agreement between applicant and the Orono School District will allow botli to share in the parking areas located on entire school property. c.There shall be a walkway connecting the most northern parking lot of Orono High School with the southern and eastern parking lots at the ice arena facility. d.The setback of the exterior parking area adjacent to Old Crystal Bay Road is consistent with the setback of the parking areas serving the Orono High School, Middle School and Elementary School. Page 2 of 9 i 3. 5. 6. 7. 8. e.There is adequate rcx)m within setback area of exterior parking and road to provide plantings to minimize impact of parking area. f.Signage area of 12 s.f. for the proposed use is inadequate to serve needs of facility located on a comer lot adjacent lO a major roadway that wiil carry out of town visitors to facility. g-Ihert is a need to provide adequate warning of the location of the facility 9* the intersection of County Road 6 and Old Crystal Bay Road. Applicant held information meetings for approximately 21 residents informed via written notiee on both January 24, 19% and March 21, 19%. The purpose of the meetings was to provide neighbors an opportunity to learn of the project before being presented to the City for formal review. The hope of the applicant was to receive early input so as to amend plans in order to eliminate any controversy. Attendance at the informational meetings was small and each person attending was given the opportunity to speak and ask questions of applicant. Applicant has submitted addendum information that includes copies of letters to residents either responding to questions raised at the meetings and restating applicant's position ; . to the need to approve proposal as presented. In a report by Michael P. Gaffron dated April 17, 1996, Mr. Gaffron confirms that the ice arena does not fall into either of the mandatory EAW or EIS categories. As a result, no citizen petition for an EAW/EIS can be honored. A joint engineering study by both the cities of Long Lake and Orono in the summer of 1996 confirmed that the existing downstream sewer lines will be capable of maintaining the additional wastewater from the facility. On October 24, 1996, the Metropolitan Council approved Comprehensive Plan Amendment #6 placing the school property within the Metropolitan Urban Service Area and allowing for the extension of municipal sewer to this property. On October 28, 1996, the Orono City Council approved Resolution No. adopting Comprehensive Plan Amendment #6. Page 3 of 9 1 9.The Council Tinds that the conditions existing on this propeily are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would ^ot adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary to 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 fmds tliat granting a conditional use permit to allow construction of a 163' X 251' indoor ice arena will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will its use depreciate surrounding property v .ues and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based ujwn one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (A-1) to Orono Ice Arena, Inc. for the property located at 1025 Old Crystal Bay Road North to allow construction of a 163' x 251' indoor ice arena and further grants variances to Section 10.61, Subdivision 2 (A-3), a signage variance of 64 s.f., per Section 10.61, Subdivision 5 (A) a setback variance for exterior parking at Old Crystal Bay Road North of 30.7' or 61.4% and per Section 10.61, Subdivision 10 (E) a parking stall variance of 109 stalls or 54%. This approval is subject to the following conditions: 1.Approval of the Orono ice arena project has been based on plans drafted by Hammel, Greene and Abrahamson, Inc., Architects and Engineers, Ted Roozeboom Architect, submitted to the City for Council's approval as follows: a. Layout and utility plan - dated March 22, 1996. Page 4 of 9 2. b. c. d. e. Grading and surfacing plan - dated March 22. 1996. Planting plan - dated March 21, 1996, most revised date Floor plan - dated March 22, 1996, most revised date Exterior elevations - dated March 22, 1996, most revised date f. Site plan > dated March 22, 19%, most revised date Upon application for a building permit, applicant must provide the following information: a.All plans as noted above must be signed by either the licensed architect or licensed engineer. b. Final specs and plans for extension of the utilises for the City Engineer's review. c.Written report from applicant's architect confuming number of SAC tmlts required by Me* Council. d. Final grading and paving plans to reflect Orono Engineer's recommendations and corrections. 3. 4. e. Payment of required SAC units. Payment of sewer aiKl water connection fee at $8490.00 per unit to the City. Total payment to be based on number of SAC units charged by Met Council. Applicant and owner to grant drainage easement over detention pond on property (see sample enclosed). Applicant to obtain an •access permit for the ne v curb cut at Old Crystal Bay Road North from the Orono Public Works Department. Page 5 of 9 5.Applicant and Orono School District shall be responsible for protecting the Type I wetlands located on this property by GME Consultants, Inc. in their report dated June 29, 1995. A map locating the two protected wetlands is attached to this resolution as Page 9. Applicant and owner of the property shall agree to never alter by excavating or filling said wetland before first obtaining required permits from the Minnehaha Creek Watershed District and U.S. Corps of Engineers before coming to the City of Orono for appropriate permit approval. 6. 7. 8. 9. All exterior air conditioning condensers shall be surrounded by an approved masonry wall so as to minimize any impact of noise upon adjacent residential neighbors. Applicant shall agree to install fencing and landscaping as requested by immediate residential neighbor to west of property. In the granting of this conditional use permit, the City approves the proposed uses and the hours of operation during peak winter months commencing September 15th through March 15th at 5:30 a.m. to 11:30 p.m. and off-season periods from 7:00 a.m. to 10:00 p.m. The City reserves the right to reconsider this conditional use permit should the operation of the facility or the hours of operation result in any detriment to the public health, safety or welfare. This review shall be subject to the standards set forth in Section 10.09, Subdivision 11 of the Zoning Code. Autb )rities granted by this resolution run with the property not with the owner, but arc permissive only and must be exercised by application for a building permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (October 28, 1997) Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 6 of 9 11. ATTEST: An authorized representative of the Orono Ice Arena, Inc. and an authorized representative of Indepetideiu School District H21% have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the Orono City Council on this 28th day of October, 1996. Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Authorized Representative of Orono Ice Arena, Inc. Authorized Representative of Independent School District <^278 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of October, 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 7 of 9 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,aixl 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(c) described in and who e? -jcuted the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) S3. 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) Iree act and deed. NOT-ARY PUBUC Page 8 of 9 13:30 DOUNEY ENGEBRETSON •*^ .1 #, \ •: . 1 <^.6^ ■vV . “ vv Api D A H •)! I 7 1 * - • il»i' M t 612 334 3332 P.02/04 # cP / J S' RtCCiTCd v5--Q,9 ^ ^ Paid CITY OF ORONO - GENERAL LAND USE APPLICATION ■M'l k ^ Type of Applic^on to be Filed Cx3«^oiT\<ar/At> v)^g ---- Property Identification Number (P.I.D.) Z.< ^ y^ppUCANT Phone fhome) _ Name Koote^ ^ if^C. Phonefwork^ - Address ^J^OS City Zip Addrc^T'^f^ OLO c/g^SiAU (^CitTbcn4G> Mr^g____Zip_££iS^ /95'qDote Property Acquired_______ I ^io elso own HU adjacent parcels of land (month/yoar) FEES - CONDITIONAL USE PERMITS - S 75.00 For each variance request with CUP application 5175.00 Residential Accessory Use 5250.00 Institutional (church, school, etc.) 5225.00 Guest House/Guest Apartments _____$200.00 Duplex Crcdit/Bldg _____S300.00 Commcrcial/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 lakeshorc PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee City of Orono P.O. Box 66 Crystal Bay, m SS£3 (612)473-7357 OTHER APPLICATIONS , . . $250.00 Commercial Site Plan Review (+ consultant tecs) $300.00 Vacation 03/22/% 16:44:11 ” $200.00 Easement Vacation ” $100.00 Easement Vacation With Subdivision $350.00 Rezoning (PUD - refer to fee schedule) ~ $350.00 Comprehensive Plan Amendment ~ $100.00 Appeals Other • see Fee Schedule UM> USE APRICATION 1 9 250.00 •2128 ORONO HQCXl 1 • 250. OC[Y BOOSTERS 0.00 0.00 SUBTOTALTAX TOTAL SALE RECEIVED 250.000.00 250.00250.00 CHANGE CLERKI03 TRANS! 1165 0.00 PRESENT USE OF PROPERTY Present Zoning District 1^--------- Present Use of Property _______Rcsidcniial ^ Odier fspecifv) nPlR-22-1996 13:33 612 334 3332 99/.P.02 MPR-22-1996 13:30 DOU»€Y ENGEBRETSON 612 334 3332 P.03/04 •) 4 0 4. REQUIRED SUBMnTALS 1. ____ Completed AppUcaiion Form. Describe request in detail. Certified IWeny Ovwien List of o»men within 3t0'. Ubels and plat map (yon must obtatn thla list, libels end map fiom Hennepin County Department of Finance, A»603, Oovemmenl Center, 348-3271). Ccftificaie of Survey (signed by a licensed surveyor) - refer to handout for survey m information. ... • ^ Attach legal description to application if not included on rcqmrrt survey. ' Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). . _ ^ . List of the legal names (include marital status) of all persons an interest m * property. This would include namc($) of apphcam(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). ■ As an i^endum to this application, please attach a separate list of any other persons you wish notified of this application. 5 6 7. 8. 9. ” -------------------------------------------------- SUBMITTED. (Staff unll require to scale drawings of all documents, plans, etc. to be submitted.) The AppUcant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff;________________________— --------------- supplitd is true uvd correct to Uw tot of hisAer knowledge, nuommuo pp OWNER’S SIGNATURE ^ ^ u .*1. • jHie owner hereby acknowledges and agrees to this applicauon and fiirthw nuthonaed reasonable entry onto the property by City staff, eonsultairu. agents, coinmissron members. and Council members for p^ses^investigation and verification of this request. ________Date ^Owner's signature .. / A mast have aU •ubmittaJi ^iido the Cify offleta 25 dijn before the PUaniag Commission Meeting. Appli^t ra Meetings are held on the ihW Monday of each month. Appllcents must be present u Pluto, Cuniuirri.. uid Couuil. If m .pplicul. b uaabi. » ae.nd . meeting, plow, make *<> “ ewthonzed agent nitend in your pLc. end advise the Building A Zoning Office of this change prior to the meeong. rAR-22-1996 13:33 612 334 3332 99/.P.03 ORONO HOCKEY BOOSTERS, INC. 8OX20S LONG lAKE, MN $US6 March 22, 1996 Ms. Jeanne Mabusth Planning and Zoning Administrator City w.f Orono 2750 Kelley Parkway Long Lake, MN 55356 Re: Orono Ice Arena Dear Jeanne: Orono Hockey Boosters, Inc. is today submitting its application for a conditional use permit for its indoor ice arena project north of Orono High School. In this letter, we want to cover several topics that are associated with that application and that are not otherwise addressed in the application materials. Project Status Update For purposes of our overall project schedule, we are aiming at a construction start on May 1, and a project substantial completion on October 1, 1996. We undeiJtand that those dates depend on our meeting the City's standards for approval of our conditional use permit by the Planning Commission on April 16, and by the C.ity Council on April 22, and also depend on our having figured out with the City what the timing can be for issuance of a building permit. Achieving that schedule also requires that all our project pricing and our fundraising arrangements be completed by the second week of April, and at this point we remain on track to accomplish that. Currently, we have raised $1,625,000 in cash and hard pledges against a projected total cost to open the project (with some interior improvements still to be completed) of $2,150,000. Mark Engebratson President 475*3460 Ms. Jeanne Nabusth March 22, 1996 Page 2 MUSA Line Extension We understand that final City permission to commence const**uction of this project depends on the Met Council's approval of a comprehensive plan amendment which extends the MUSA line to cover our site. If, however, that amendment continues to be delayed, we ’«^ouid like to be investigating with the city whether there are any approaches under which we could still commence construction. Wetlands Our architectural and soils engineering firms tell us that the watershed district has finally determined that there is some technical wetlands on our site, and we have reconfigured the parking lot (as shown on the site plans included in the application) to avoid that wetlands area. That reconfigurea parking produces approximately 100 spaces. We have committed to the school District that we will continue to work on the wetlands and parking issues, and we expect to be helped in that regard by pending legislation which will loosen wetlands requirements in situations like ours. Our aim will be to return the parking capacity to the 130 stalls which we had originally programmed. Ownership of Improvements We are planning to hive the arena improvements owned by a separate non-profit corporation, which will operate technically as a Section 509(a)(3) supporting organization under the Internal Revenue Code. That entity will support Orono Hockey Boosters, Inc., itself a Section 501(c)(3) organization. As a supporting organization, the <ar«*na entity will have a majority of its board of directors (three of five) appointed by Orono Hockey Boosters. Our current thinking is to have the School District and the City appoint the other two board members, and establish an official property owners' liaison position. That arena entity will, in turn, hire a professional arena manager or management firm. School District Lease We have commenced the process of documenting the actual lease agreement with the School District, with ' r Ms. Jeanne Mabusth March 22, 1996 Page 3 S a execution of that document targeted for mid-April. An outline of the lease's terms, which we have presented to the School District and its counsel as a drafting starting point, is enclosed. We expect to sign a lease with the School District after it has approved all aspects of our design, our costs and our fundraising, so that the lease itself will be contingent only upon receipt of all necessary City approvals. Project Uses Our initial programming is to operate the arena with ice from mid-September through mid-March. That ice season is subject to expansion, potentially to year-round ice, as and when demand for indoor ice warrants. During the ice season, the project will be used by our youth hockey program for girls and boys, the Orono High School boys' and girls' varsity and junior varsity teams, figure skating and skating schools (perhaps run through the School District's Community Education function), other contract users such as figure skaters and recreational hockey leagues, and open skating for the community at large. Any available excess time will be sold to youth hockey associations or other users outside of our community. Off season, the project will be used by: • the School District, for educational activities (using our meeting room and the arena floor as "classrooms"), and for school productions, meetings, fairs or other fundraisers, and so on • Community Education for classes, for rollerblading and other recreational programs, and for teen dances and other youth activities • other youth athletic associations, such as softball, baseball, soccer, or tennis, for indoor practice with batting cages, nets and screens • the community at large, for meeting space and for other appropriate functions and events Our proposed hours of use, and other use restrictions, are set forth in the lease outline. Ms. Jeanne Mabusth March 22, 1996 Page 4 Parking The project's parking lot will be large enough to accommodate use of the project, except for home High School hockey games (and possibly special events that have been coordinated with the School District). As the summary of the School District lease indicates, the School District will permit overflow parking on its parking lots. That overflow use will occur during home hockey games, and we will be working with the High School athletic department on the extent to which those games can be scheduled around other large parking requirements such as a home varsity basketball game. We note that we are currently proposing with the athletic department to have the boys' and girls' varsity and junior varsity hockey games still played at Pond Arena for the first year or two of our operation, as our project may not open fully "game ready" with an operational concession stand and completed team rooms. As the lease summary also indicates, the School District will retain rights to park on the arena's parking lot to meet its own needs (primarily day parking by high school students). Parking Lot Curbing and Paving Given the condition of the soils on the site, particularly under the parking lot location, the School District has suggested from its experience that we defer paving and curbing work for one year. That time will let us test the soils remediation and parking lot preparation, and let us benefit from the additional compaction that actual use of the lot will bring. If you have any questions, or need more information, please let me know. with you. We look forward to working on this application Very truly yours, Mark Engebretson MFE/pkb 4597 If • Parties; Premises: Term: Annual Rent: Use: OUTLINE OF TERMS ORONO ICE ARENA GROUND LEASE Independent School District 278 ("Landlord”) Orono Arena Company ("Tenant”) Tenant will be a newly-formed Minnesota non-profit corporation. It will apply for and maintain Section 501(c)(3) status, specifically as a Section 509(a)(3) supporting organization, with Orono Hockey Boosters, Inc. ("OHB”) as the supported orgrini zation Approximately 4.4 acres at the southwest corner of Old Crystal Bay Road and Hennepin County 6 a complete legal description will be attached as Exhibit A 55 years, commencing May 1, 1996 One dollar due on the first day of the Term, and on each and every anniversary thereof Construction, operation, repair and replacement of an indoor ice arena tenant is obligated to maintain ice in the arena for at least six months each school year, commencing on or about September 15 of each school year during the off-season, use of the arena will be limited to sporting, recreational, educational and other community purposes, and for such private meetings, shows or expositions or other programs as may be reasonably approved by Landlord from time to time All uses of the arena shall be subject to the following requirements: during the ice season, rental of ice will not commence before 5:30 a.m., and will not extend past 11:30 p.m. n r V f in all uses of the arena, priority will be given first to civic, community or non-profit uses, and second to private for-profit uses in all uses of the arena, priority will be first be given to uses or users serving the Orono School District, and second to uses or users serving areas outside of the Orono School District the arena parking lot will be used only for parking purposes no smoking and no alcoholic beverages will be allowed in the arena at any time or in any circumstances Landlord and Tenant will developit(Mir| and review from time to time a complete set of rules and regulations for use of the arena, and Tenant will diligently enforce those rules and regulations on all arena users Landlord's Rights:Landlord will hold a first priority for rental of ice in the arena for its boys' and girls* varsity and junior varsity hockey teams, subject to the following limitation ^ • the total number of hours for practices, scrimmages and games for such teams (other than playoff games) will not exceed _ _ _ _ generally. Landlord's times for practice will commence at 2:30 p.m. on school days and run until _ _ p.m. Landlord will cooperate with Tenant and with OHB regarding practices in the morning before school or on weekends, so that times available for OHB's youth program during school days can be improved such cooperation shall be reflected in written policies among Landlord, Tenant and OHB Landlord will pay for all such ice at rates established annually with Tenant ff ^ r f ^r*-*^* 4i Tenant's Additional Rights: Tenant's Obligations; Landlord shall be entitled to use the parking lot on the Premises for its purposes, in common with Tenant Landlord's community education programs and physical education programs will be entitled to use the arena during the ice season and the off-season, with a priority during the ice season immediately after OHB Landlord shall be entitled to use the arena for its educational and other programs during the off-season, with a first priority Tenant shall be entitled to have arena users and visitors park on the parking facilities of Landlord, as and when Tenant's parking lot is full • Landlord and Tenant expect that such overflow parking need will occur in connection with Landlord's use of the arena for varsity and junior varsity hockey games At all times during the Term, Tenant shall: • perform all maintenance, repair and replacement of improvements on the Premises, interior and exterior, structural and non-structural, and ordinary and extraordinary, except that Landlord shall be responsible for cleaning, sweeping, striping, ordinary repairs and maintenance and seal coating of the parking lot; Tenant shall be responsible for replacement of the parking lot paving or curbing or significant parts thereof • maintain all property and liability coverages with respect to the Premises and improvements thereon and operations therein, with Landlord named in such policies as Landlord directs • pay all real estate taxes/and installments and special assessments It 4 payable during the Term, with a reasonable right of contest comply with all legal requirements relating to the Premises, the improvements thereon and all operations therein on or before September 1 of each school year, deliver to Landlord an annual operating and capital budget for Landlord's reasonable review and approval on a quarterly basis, deliver to Landlord operating statements for improvements on the Premises and unaudited financial statements for Tenant Negative Covenants:Tenant shall not: • make any alterations or additions to improvements on the Premises which would change their size or exterior appearance, or which would change their character or suitability for the uses specified in the Ground Lease • assign the Ground Lease or sublet the Premises in whole or in part in any fashion, whether voluntarily or involuntarily, or by operation of law, except that Tenant may assign its interest in the Ground Lease to another Minnesota non-profit corporation as long as Landlord consents to such transfer (which consent may be withheld in Landlord's sole discretion) • encumber its leasehold interest with a lien for any financing or other obligation, whether voluntarily or involuntarily — Landlord acknowledges that Tenant may incur up to $250,000 of debt in connection with the payment of project costs for the arena's development, and that such debt may be secured by Tenant's personal property V Net Lease: Default: Damage or Destruction: Except as set forth with respect to the parking lot, Landlord will have no obligations of any kind with respect to the Premises or the improvements thereon or the operation thereof [Usual default provisions with notice and cure rights] [Usual provisions] Condemnation: [Usual provisions] Miscellaneous: [Usual provisions, including provision for estoppel certificates, filing of a memorandum of lease and simple reps and warranties] Initial Construction Obligations:Tenant will commence construction of the arena improvements promptly after the execution of the lease, and will pursue such construction diligently to completion. All such construction will be in accordance with legal requirements, and will be in accordance with the plans and specifications for the project approved by Landlord Tenant will cause the arena to open with indoor ice not later than October _ _, 1996, subject to events or circumstances beyond its control Tenant shall keep Landlord advised of the progress of construction and Landlord's representative shall be entitled to attend all project meetings On or before 1996, Landlord shall pay $175,000 to Tenant, to be applied by Tenant to the costs of construction of the arena project, its parking lot and related soils correction Landlord agrees that Tenant need not complete paving and curbing work for the parking lot for a period of up to two years after project opening, so that the condition of the remediated soils under the parking lot can be tested 4564 ■wrr W 9a 1 immw I ^/\ ^ T«r' • V I: TT*- aioYi %< ^ ^ I »»• ^4 V * I5i^i3iV<:r i^i f .i; *..: -i,;' '"V^.' 1 **K«r*_____\,‘j,.iVil'.Ai«i ,tit'.t.iM-t • 1«?» (fS.;•J1 • • <w««i *»/t (flU' i f***» s. ‘ RUN DATE 12/21/95 BATCH 502 HEffffPIN COLMTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST m-PROP AOOR OHNER NAME TAXPAYER NAHE/AODR 58 28-118-2S SI 0001029A0 SIXTH AVE N STONEGATE FARM INC STONEGATE FARM INC 6851 FLYING CLOUD OR EDEN PRAIRIE m 553A4 PROP AOOR ONNER NAME TAXPAYER 38 28-118-25 51 0007 02885 SIXTH AVE N C R A G L TIftI CHARLES t GERRY TIMM NAME/A00R^2e85 SIXTH AVE N ^ LONG LAKE MN 55356 PROP AOOR ONNER NAME TAXPAYER NAF.U/AOOR 38 28-118-23 A2 0006 00038 ADDRESS UNASSIGNEO ROGER A FAZEMIIN ET AL LOU t JEANNINE BEASLEY 1265 MAPLEHOOO OR LONG LAKE W 55356-9530 PROP AOOR 06»CR NAME TAXPAYER NAME/AOOR 38 28-118-23 63 0008 00038 ADDRESS UNASSIGNEO INO SCHOOL OIST NO 278 INO SCHOOL OIST NO 278 AOMIN OFFICE- SUPERINTENDENT 685 OLD CAPITAL BAY RO N LONG LAKE MN 55356 REPORT NO. P1635601 PAGE 638 28-118-23 31 000200038 ADDRESS UNASSIGNEO SCHOOL OIST N0 278 SCHOOL OIST NO 278 685 OLD CRYSTAL BAY RD N long lake MN 55336 0 58 28-118-23 31 0006 02905 SIXTH AVE N R A K ZEEB ROGER M ZEEB 2905 6TH AVE N LONG LAKE m 55356 38 28-118-23 36 0001 00795 OLD CRYSTAL BAY RO N SCHOOL OIST MO 278 ORONO SCH OIST NO 278 685 OLD CRYSTAL BAY RO N long lake W 55356 38 28-118-23 62 0002 02700 SIXTH AVE N JOHN LEIN JOHN H LEIN 2700 6TH AVE N LONG LAKE IW 55356 38 28-118-25 62 0005 00038 ADDRESS UNASSIGNEO INDEPENDENT SCHL OIST #278 ATTN SUPERINTENDENT INOEPENOENT SCHL OIST #278 685 OLD CRYSTAL BAY RD N long lake MN 55356 38 28-118-23 63 0006 00038 AOORESS UNASSIGNEO ALBIN F THIES ET AL ORONO INDEPENOT SCH OIST 278 685 OLD CRYSTAL BAY RD N long lake MN 55356 % ? 16. TOTAL BATCH 502 00010 DATE RUN DATE 01/05/96 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST REPORT NO. PI655401 PAGE 6BATCH 005 L . V. K* i I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATIC J OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOHLEDCE AIR) BELIEF. ^ ^ C DATE BY ':VS ; v ‘. . ••VnAi fi* ^ (• • u • • V--. *w. 4* • • •*.- RUN DATE 01/03/96BATCH 005PROP ADDR NAMETAXPAYER NAHE/AOD P: PROP ADDR OHNER NAME TAXPAYER NAHE/ADDR PROP AOOR 0»*tlER NAME TAXPAYER NAME/AOOR PROP AOOR OltlER NAME TAXPAYER NAME/AOOR PROP ADDR OHtlER NAME TAXPAYER NAME/AOOR 38 26-118-23 31 000^02995 JAMESTOHN RD J A K SNAr^SON Uames T SHANSON 2995 JAMES TOMN RO LONG LAKE MN 55356 38 28-118-23 33 0008 03065 JAMEST0I4N RO J P A S K KOOD JOttN P A SUSAfA^E K KOOB 3065 JAMESTOI'M RO LONG LAKE MN 55356 38 28-116-23 33 0012 03155 JAMESTC^tl RO S A S STROUP STANLEY S STROUP 3155 JAMEST0)#4 R0 LONG LAKE MN 55356 38 28-118-23 33 0016 03135 JAMESTOHN RD H H LURTON A S E LURTON H HILLIAM LURTON 3135 JAMESTOI^e^ RO LONG LAKE MN 55356 80 28-118-23 13 0041 01245 MAPLEHOOO OR J C DANDRON A 0 HAUGLID J C DANORON 1245 MAPLEHOOO DR LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST REPORT NO. PI435401 PAGE 538 28-118-23 31 000502945 JAMESTOHN* RO M A J HAHLIGMICHAEL J A JO ELLEN HAHLIG 2945 JAMESTOHN ROAD S LONG LAKE M4 55356 38 28-118-23 31 000800038 ADDRESS UNASSIGNEO LORRAINE M NIICHEL LORRAINE M NIICHEL NO 4 JAMESTOHN ROAD LONG LAKE m 55356 38 28-118-23 33 0009 00038 ADDRESS UNASSIGNEO JAMES R GRABEK ET AL JAMES R GRABEK 3050 JAMESTOHN RD LONG LAKE MN 55356 38 28-118-23 S3 0010 03085 JAMESTOHN RO GAB LARSON GARY A LARSON 3085 JAMESTOHN RO LONG LAKE MN 55356 « 38 28-118-23 33 0014 03175 JAMESTO^W RD MICHAEL AHES A LAUREL AHES MICHAEL A LAUREL AHES 3175 JAMESTOHN ROAD ORONO MN 55356 38 28-118-23 33 0015 03050 JAMEST0I4N RO J R GRABEK A P J bHABEK JAMES R A PEf4EL0PE J GRABEK 3050 JAMESTOHN RO LONG LAKE MN 55356 A\\ ?>k, 38 28-118-23 33 0017 03145 JAMESTOHN RO M A K NELSON MORGAN K A KAREN E NELSON 3145 JAMESTOIHN RO LONG LAKE MN 55356 80 28-116-23 13 0040 01265 MAPLEHOOO OR LOU A JEANNIt^E BEASLEY LOU A JEANNINE BEASLEY 1265 MAPLEHOOO DR LONG LAKE MN 55356 i f •f • 4 # 80 28-118-23 13 0042 01225 MAPLEHOOO DR 0 R ROACH A H J ROACH DANIEL R ROACH 1225 MAPLE^iOOO OR LONG LAKE MN 55356 ? •> - *» .1k' / *' TOTAL BATCH 005 00014 i BONESTROO ASSOCIATES © 6126361311 04/11/96 10:25 (3 :01/02 NO:801 l/ 1 Bonestroo Rosene Anderlik & 1 Associates Engineers & Architects t'f./fi.'i* <#U# 'Ml I. •»» 4/f.rrw^* . 4 •'r f r>,w. f., '■ <t f ■•» « M . I I i.-.l’o i *1 • I" rt • V.t W fi I l*t • •^t'h i»..* I,***. • Mj • >*i t»' i.t.'i* *1 • • i<^hr*»i '* \rr .nirr*’ • r.fy A ;i..:i r •, \A v< kvMi »n. 1 i». h' V IT. M.. i ^ .>*r t ... • . .11 — • . ^ ,n, A 0 1 .10'* •fTTiiifii Kr.-f*CMf • ** . a . *•! • u* •" ' ' * I •■* * •••> t' I -f fc ^ • A • A i*» • ^ .♦ **i. '*l • ». .» > I . i.*i r*». / (t • 't ' M»< • M'- I «.H« W- April 10. 1996 • • ^---- 4 ♦m'th jti ♦ 4 N?'-. Jeanne A. Mabusth, i* jilding and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 • Re: Orono Ice A ena File No. 139-2128 Dear Jeanne, We have reviewed the plans for the proposed Orono Ice Arena located west of Old Crystal Bay Road and south of CSAH 6 in the southwest quarter of Section 28. Wc have the following comments relative to engineering matters. 1. UtlllUcs: Wc have reviewed the 1995 sanitary sewci flow measurements done by Metropolitan Council Wastewater Service.s for this area of the City. Based on their data there appears to be adequate sewer capacity available for this facility. The City of Long Lake will be monitoring the wastewater flows in their system to determine if there is capacity available foi additional units in Orono. They expect to complete the monitoring by the end of May 1996. Assuming that the City’s Comprehensive Plan amendment is approved by the Mctropolilan Council, both sanilai^' sewer and water main will need to be installed as shown on the plans. The applicant should cither install these utilities or petition the City for the improvements. The wastewater should be pumped from a grinder pumping station through forcemain to the existing gravity sewer. The pumping station should be located near the driveway for future maintenance. Construction plans and spccification.s should be prepared for the ptimping station, forcemain and water main, with as-built plans provided to the City upon completion. Drainage: The proposed storm sewer, stormwater pond, outlet structure and drainage calculations are acceptable. The .specifications should be provided for our files. There is a wetland on the site which has been delineated. The wetland will not be impacted by the construction which is consistent with the Wetland Conservation Act sequencing which requires first avoidance, then minimization and finally replacement. The locations for cro.sion control measures should be shown on the plans. Access; The proposed access location and pj^rking lot layout are acceptable. The parking lot proN-ides 100 spaces which will not be adequate based on a seating 2. 3. 2335 West Highway 36 » St. Paul, MN 55113-3898 • 612*636*4600 BONESTROO ASSOCIATES ^6126361311 OA/11/96 10:25 9 :02/02 NO:801 Ms. Jeanne A. Mahusth City of Orono Pa^e *2* April 10, 1990 capacity of 800 people. The proposal to bijaic parking spaces with the school may be an acceptable solution on game nights. A paved trail should be constructed as shown on the plans. Because the school plans to use the arena parking lots during the day there should also be an additional paved trail between the west parking lot and the school entrance. 4. Grading: The grading plan is acceptable. The recommendations discussed in GME Consultaut's geotechnical exploration report should be implemented during constniction. The pavement section for the parking areas is acceptable, however we would recommend at least 3 inches of pavement with 8 inches of aggregate base. This would allow the pavement to be done in two lifts. The second lift should be done the following year after initial settlements are repaired. The driving lanes within the parking lot should be a 9 ton design based on an R-value of 10. Because of the poor soil conditions at the site, the pavement section should include a non* woven geotextile fabric and draintile lines connected at the catch basins. This will provide separation between the aggregate base and soft clay subgrade and some relief from the effects of shallow groundwater. The gcotextile fabric may not be necessary if the upper 2.5 feet of the subgrade below the. gravel base consists of select granular soil, as recommended in the GME report. Tlie proposal to delay the pavement and concrete curb for one year may be allowable due to the. site conditions. The soils found at boring 95-4 (near the wetland) are considerably worse than at other areas on the site and it is wise to avoid construction there. 5. Screening: ITie planting plan appears adequate. 6. Easements: Please see our January 5, 1996 comments regarding easements 7. Financial Guarantee: We have not yet prepared an estimate of the total cost for the .site improvements to determine the amount of the financial guarantee required. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO. ROSENE, ANDERLIK St ASSOCIATES, INC. ShawTi D. Gustafson, P.E. 1/1 Bonestroo Rosene m Andcrlik &. Associates Engineers & Architects January 5, 1995 Ms. Jeanne A. Mabusth, Building and Zoning Administrator City of Orono Post Office Box 66 Bonestroo. Rosene. Anderiik end Associates, me is an Affirmative Action^ Equal Opportunity Employer Otto C Bof>estroo. P £ Robert W Rosene PE • Joseph C Andeflik. P E Marvin L Sorvaia. P E Rich^d E Turner. P E Gienn R Cook. P E Thomas E Noyes. P E Robert G Schunicht, PE Susan M Eber lin CPA* * Senior Consultant Howard A Sanford. PE Keith A Gordon.. PE Robert R Pfefferie PE Richard 'Ji/ Foster. P E Oavid O Loskota PE Robert C Russek. AIA Jerry A Bourdon. PE Mark A Har^son. P£ Michael T Rautmarm. PE Ted K Field. P E Thomas R Anderson. AI A James R Rosenmarket. PE Donald C B ifgarcst. P E Thomas A Syfko. PE Frederic J Sienborg. P E tsmaei Martinet. P E Michael P Rau. P E Thomas Sfr Peterson. P.|. Michael C lynch. P E James R Maiand, P E Jerry D Fertiich, P E Scott J Arganek. PE Kenneth P Andersoa PE Mark R Rolfs. P.E Mark A Seip. P E Gary W Mofien PE Paul J Gannon. A t A Daniel J Edgerton. P E. A Rick Schmidt. P £ Dale A Grove P E Philip J Caswell. P E Mark 0 Wallis. P E Miles B Jensen. P E L Phillip Gravel. P E Karen L Wiemeri. P E Gary D Krisiofiu. PJ. Brian K Gage. P E F Todd Foster. P E Keith R Yapp. PE Douglas J Benoit. P£ Shawn D Gustafson. P.E. Cecillo Olivier, P E Kent J Wagner. P E. Paul G Heuer, P E John P Gorder. P E Dan O. Boyum. P.E. Jeffrey J Ehieringer. P i. Joseph R Rhein. P E Lee M Mann. P E Charles A. Erickson Leo M Paweisky Hartan M Olson Agnes M Ring James F Engeihardt Crystal Bay, Minnesota 55323 Re; Orono Ice Arena File No. 139-2103 Dear Jeanne, 'JAN S 1996 A • I t . V • * it ^ We have reviewed the schematic design for the proposed Orono Ice Arena located west of Old Crystal Bay Road and south of CSAH 6 in the southwest quarter of Section 28. There are several issues that need to be addressed relative to engineering matters, and added to the plan set. Both sanitary sewer and water main will need to be extended north along Old Crystal Bay Road for service, assuming that the City ’s Comprehensive Plan amendment is approved by the Metropolitan Council. Due to the elevation of the site, wastewater should be pumped from a grinder pumping station through forcemain to the existing gravity sewer. An 8-inch DIP water main should be extended from the existing water main to the northwest corner of the site for a future connection to the City of Medina ’s water system. A 6-inch service line and hydrant should be extended within the site. We do not recommend 4-inch copper for the domestic water piping due to the high cost. Plans and specifications should be prepared for the sanitary sew’er and water main extensions, with as-built plans provided to the City' upon completion. The existing sanitary sewer and water main are located approximately 400 and 1100 feet south of the property', respectively (see Record Plan A132). There are two wetlands on the site which have been delineated. The wetlands are regulated by the Minnehaha Creek Watershed District (MCWD) at the State level as part of the \Vetland Conservation Act (WCA), and under the jurisdiction of the U.S. Army Corps of Engineers (COE) at the Federal level. It appears that both wetland areas may meet the requirements for a WCA exemption. The applicant should obtain such exemptions or permits that may be necessary from the MCWD and C DE for filling or draining the wetland areas. The proposed drainage on the site is directed northeasterly through a proposed stormwater pond to an existing culvert. This concept is acceptable. Drainage and ponding calculations should be provided for our review. We recommend that some type of skimmer structure be included at the pond outlet. A detail of the outlet structure and pond elevations should 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612-636*4600 Ms. Jeanne A. MabiLSth City of Orono Page -2- January 5, 1995 be shown on the plan. We recommend that the parking lot and entrance have stonn sewer for proper drainage. The proposed access locations appear acceptable. The parking lot provides 130 spaces which w ill not be adequate based on a seating capacity of 800 people plus players and game officials. Recommended parking for an ice arena is 1 space for every’ 4 people, unless shared parking cr on-street parking is available. If the existing school parking lots arc available for use on game nights, a paved trail should be constructed from the school driveway to the arena parking lot. Old Cry'stal Bay Road is not adequate for on-street parking unless the shoulders are improved. 'Fhe parking lot should be paved with concrete curb and gutter. The driving lanes within the parking lot should have a 9-ton pavement section for buses and delivery trucks. Due to the existing soil conditions, the pavement section should include geotextile fabric, a foot of granular material and draintile. There should be some consideration for a landscaped berm/screen between the ice arena and adjacent residential property. / Drainage and utility easements should be provided 5 feet wide along all lot lines and 10 feet / wide along the roadway right-of-ways. Drainage easements should be provided over the ponding area. Hennepin County may require additional 10 feet of right-of-way along the south side of CSAH 6. If not, the easement along CSAH 6 should be 20 feet wide; described as a perpetual easement for utility, public roadway and trail purposes. The site plan should be sent to the County for their review and comments. I / The planning commission should discuss options for trail locations in this area. The most logical location is along the east side of Old Crystal Bay Road and the north side of CSAH 6, as proposed previously. However, with the development of this site there may be additional planning issues to consider. When the plans have been completed we will prepare an estimate of the total cost for the site improvements to determine the amount of the financial guarantee required. Please contact me at this office if you have any questions regarding this matter. Yours very truly. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. -' - ORONO HOCKEY BOOSTERS, INC. BOX 205 LONG LAKE. MN 55356 ^ ^ April 2, 1996 Mr. Janes R. Grabek 3050 Jamestown Road Long Lake, MN 55356 Re: Orono Ice Arena Dear Jim: I want to follow up on our meeting on March 21, and on your continuing concern about the appearance of the arena project from County 6. The advice from our architects and engineers is that the building should still be located at the north setback from County 6 (approx. 70 feet from the roadway), for these reasons: • we should have a south-facing lobby and entry, given the arena's primary winter use, and to the extent possible, the parking should orient to that entry on the south side • parking on the south also fits the day use of the parking by high school students, and supports the more general integration of the arena's and the School District's parking lots • sliding the building to the south, and having its north face rise off the edge of a parking lot, is a less desirable aesthetic outcome than having the building face rise up out of the landscaping, even though the face is closer to County 6 • drainage of the site around the wetland and into the detention pond is better accomplished with the building on the north Mark Engebretson President 475*3460 Mr. James R. Grabek April 2, 1996 Page 2 sliding the building to the south forces us to deal with poorer soils soils condition is an especially critical issue for this particular project, given our need to develop a foot by 200 foot concrete rink floor that does not shift or settle at all 100 we understand, though, that these soils issues are not conclusive, since money ultimately will cure them With respect to that last point, we have asked HGA to make, sure that is has delivered to you (through the City) all of the soils work that we have performed on the site. Also, as we discussed at the meeting, we have asked the project surveyor to stake the corners of the building (including all four corners on the north side) this week. We appreciate your interest in the project, and your testing of various aspects of our approach. We look forward to talking with you further as we head toward the planning commission meeting on April 16. Very truly yours. MFE/pkb cc: Roger Zeeb Gerry Timm John Koob Stonegate Farm, Inc. \/3eanne Mabusth Mark Engebretson 4626 4 C' ORONO HOCKEY BOOSTERS, INC. BOX 205 LONG LAKE. MN 55356 April 2, 1996 Ms. Gerry Timm 2885 6th Avenue N. Long Lake, MN 55356 Re: Orono Ice Arena Dear Gerry: I want to follow up on a few items related to our March 21 meeting and your subsequent call to me. First, HGA reports that additional berming along the west property line is not possible, given the drainage pattern along the west side of the property and around the north to the detention pond. We will, though, provide a fence as you requested between our project and your property. As a matter of appearance, there seems to be two questions about that fence: should it run all along the property line, or should it run up from the south end of the project site, and then turn 90 degrees down the hill to south end of the building? should it be a typical school chain link fence, or some version of a wooden fence, or a combination? Our sense at this point is that it may work best to get the building up, and then have you make a decision on where the fence should be. Under this approach, we would want to have agreed with you up-front on what the wooden fence alternative would be, but otherwise would follow your direction. Second, we will add more trees to the landscaping plan along the west side of the building, so that we are doing more than plugging the gap in the existing evergreens. Mark Engebretson President 475-3460 J Ms. Gerry Timm April 2, 1996 Page 2 Third, the mechanical engineers have proposed louvers in the west wall of the building, at the north and south ends. Although they are proposing these louvers in order to continue to avoid any rooftop equipment, those louvers are inconsistent with our presentations to you so far, and we are resisting that design result unless it can be shown to us (and to you) that those louvers canno- reasonably be located on the north and south faces of the building and that they will not be noisy. We will keep you advised of this louver question as the design moves forward. Please let us know your thoughts about fencing, and we look forward to talking to you as we head toward the planning commission meeting on April 22. Very truly yours, MFE/pkb cc: James R. Grabek Roger Zeeb John Koob Stonegate Farm v^^anne Mabusth 4627 Mark Engebretson ORDINANCE NO. 145 . SECOND SERIES AN ORDINANCE TO AMEND MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3(A) THE ORONO CITY COUNCIL HEREBY ORDAINS: SECTION 1. Municipal Zoning Code Section 10.20. Subdivision 3(A) is hereby deleted and the following language substituted in its place: Subd. 3. Conditional Uses. Within any "R-1 A" One Family Residential District, no .structure or land shall be used for the following uses except by conditional use permit: A. Schools. Public schools and parochial or private schools which teach a curriculum similar to a public school provided no building shall be located within fifty feet of any lot line of an abutting lot in an "R" District and that a fence be erected fifteen feet or more from all street lot lines where the abutting use is for open play, and nursery schools providing fifty square feet of playground space per pupil. I. Uses Acces.sory To A High School. The following uses are accessory to a High School use and require a separate conditional use permit: a. Indoor Ice Arenas. All such facilities and structures shall be located on the same tax parcel as the principal High School Use to which they arc acce.ssory. No such structures shall be located less than 50 feet from any lot line of an abutting lot m an "R ’ District. Such facilities shall not be separated from the principal High School use by a public road All such facilities shall be owned and 'perated by the school district, or by a non-profit organization under a land lease arrangement with the .school district. The developer of such a facility, prior to final Conditional Use Permit approval by the City Council, shall demonstrate financial capability to complete constiuction of said facility, by providing suitable documentation that at least eighty percent (SO'vc) ot the estimated project costs arc in the control of the school district or non-profit lessee, SECTION 2. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Orono on this 1 1 th day of M.irch, 1996. by a vote of 4 aves and __Q nays. Gabri^ Jabbour, Acting .Mayor Publish in the Lalcer/Pioneer newspapers the week of March 24# 1996 RIES PAL ION 3(A) 0, Subdivision 3(A) is hereby ine Family Residential iwing uses except by private schools which ilding shall be located •istrict and that a fence the abutting use is for ’ playground space per The following uses arc ional use pemiit: facilities and structures 1 School Use to which lan 50 feet from any lot not be separated from ties shall be owned and ion under a land lease a facility, prior to final demonstrate financial >y providing suitable ited project costs are in )n its passage and publication >96, by a vote of 4 ayes and . \I Jabbour, Acting. Mayor k of March 24, 1996 O O i O2 oon I :n SI mm I6 i H’l 'i ,\ HW U)c 50 i !i!i !‘'i o I > o !}w o >o I an I 'Z I IM I > lOo i § § 8 O » v:..» * l' \ t • . • rf i O !> o 5d 2 Mo25° |> ►-« Ow 4 \ o Oo o-e- I o 25 O 8 V El I ^4'. . 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II!!!' 6| • ••fl® irP-pgi|i!P I COM m n o ■ a Mrs. Gerry Tim October 11, 1996 Page 2 Third, the design of the project is complete, and we have managed to avoid any louvers or other openings in the vest wall of the building. We have one additional item. The lobby and meeting room areas will not be air conditioned. If we found in the future that we needed to add that feature, we would install a cooling unit on the west side of the building, at the south end. The conditional use permit should reguire that we install a masonry enclosure around that unit, if we ever install it. If you would like to talk about the fencing, or have any other questions or comments, please call me at 334- 5688. Very truly yours. MFE/pkb Enclosure cc: Jeanne Mabusth Mark Engebretson ORONO ICE ARENA INC. BOX 205 LONG LAKE, MN 5535(5 October 11, 1996 Mrs. Gerry Timm 2885 6th Avenue N. Long Lake, MN 55356 Re: Orono Ice Arena Dear Gerry: As you know, sanitary sewer issues involving the Cities of Orono and Long Lake have delayed the approval process for our proposed ice arena project. Those sewer issues have now been resolved. We are scheduled to appear in front of the Orono City Council for consideration of our conditional use permit application on October 28. If the council approves that permit, we expect to be starting grading and some excavation on the site in November. As a result, I want to make sure and revisit with you the three points that we have discussed in the past, and that were addressed in my April 2, 1996, letter to you. (A copy of that letter is enclosed again, if you need it.) First, with respect to the fence on the property line between our parcels, I repeat that we will follow your direction on whether to install a standard school chain link fence all along the property line, or a wooden fence along that line that would be more private. We could agree to install a wooden fence to your specifications, as long as the cost was approximately the same as the cost of a chain link fence. We think that it would make most sense to have the building up and the site graded before those fence decisions are made, but we will follow your direction on that point. Second, I repeat that we are adding more trees to our landscaping plan along the west side of the building, as you earlier requested. •r . . a y Old Crystal Bav Road Intersection I asked Dr. Mich about the potential in the future for an elimination of the intersection of Old Crystal Bay Road with County 6. Dr. Mich replied that that elimination had been included in some early approaches to the School District's expansion of its campus, and remains a long term desirable result. In the course of the planning for the most recent referendum, however, the costs of providing a ring road around the back of the existing City and proposed school buildings for required access meant that the elimination of the intersection was not included in the referendum planning. Other Sewer Expansion The MUSA line extension that covers the ice arena site and other school property excludes the residential lots along County 6. I have not received any sense from the City that the School District expansion will produce any related expansion of sewer service to those lots along County 6, but you may wish to talk directly with City staff about that point. Ground Water Quality As part of our project approval process, we are required to receive a permit for our storm water management plan from the Minnehaha Creek Watershed District. That process is underway, and eventually we will appear at a public meeting of the Watershed District with respect to that permit. The purpose of that approval, together with City's own engineering approval, is to make sure that all surface water drainage on the site, including drainage off the roof and off the parking lot, goes only to appropriate places and meets all legal requirements. I hope that this letter is helpful, and hope that you will call me if you have any questions or comments. Very truly yours. ME/pkb cc: Jeanne Mabusth Mark Engebretson ORONO HOCKEY BOOSTERS, INC. BOX 205 LONG LAKE. MN 55356 May 7, 1996 Ms. Karin Zeeb 2905 6th Avenue North Long Lake MN 55356 Re: Orono Ice Arena Dear Karin: I am following up on the topics that we discussed at our meeting on April 20, and have the following to report: Highway 6 I spoke with Dave Setterstrom, an engineer in the Hennepin County transportation department. Dave reported that the department at this point has no plans for County 6 through Orono, and is not now reviewing any issues with respect to that road. He said that when traffic counts reach 5,000 vehicles per day on a given road, the department will start to look at the situation. By his records, the latest count (1994) for County 6 between Homestead Trail and Highway 12 is 4,050 cars. He did not say when the traffic count might be studied again. The surface of the road is in good shape, and, according to Dave, the classification of the road as a rural highway and its 55 mph speed limit are appropriate. The department views the ice arena as a low traffic use, and the arena does not generate concerns for the department. rinally, Dave said that the County has scheduled some work on Highway 6 near the County line in Independence. That work, to be done this summer, will involve resurfacing and a widening of shoulders. ORONO HOCKEY BOOSTERS, INC. BOX 205 LONG LAKE. MN 55356 April 26, 1996 Stonegate Farm Inc. 6851 Plying Cloud Drive Eden Prairie, MN 55344 Ladies and Gentlemen: Our proposed ice arena project requires a permit for a stormwater management plan from the Minnehaha Creek Watershed District. We are writing to let you know that you will soon be receiving a notice f^m the Watershed District about the approval process for that permit. Very truly yours, Mark Engebretson MFE/pkb I Mark Engebretson President 475-3460 Mr. James R. Gz April 2, 1996 Page 2 • sliding the building to the south forces us to deal with poorer soils — soils condition is an especially critical issue for this particular project, given our need to develop a 100 foot by 200 foot concrete rink floor that does not shift or settle at all — we understand, though, that these soils issues are not conclusive, since money ultimately will cure them With respect to that last point, we have asked HGA to make sure that is has delivered to you (through the City) all of the soils work that we have performed on the site. Also, as we discussed at the meeting, we have asked the project surveyor to stake the corners of the building (including all four corners on the north side) this week. We appreciate your interest in the project, and your testing of various aspects of our approach. We look forward to talking with you further as we head toward the planning commission meeting on April Very truly yours. MFE/pkb •^c: Roger Zeeb Gerry Timm John Koob Stonegate Farm, Inc. Jeanne Mabusth 4626 Mark Engebretson ORONO hockey boosters, INC. LONG LAKE, MN 55356 // April 2, 1996 Mr. James R. Grabek 3050 Jatoestown Road Long Lake, MN 55356 Re: Orono Ice Arena Dear Jim; for these reasons: ' 70 feet from the roadway). we should have a south-facing lobby and primary winter use shoinn extent possible, the parking hould orient to that entry on the south side parking on the south also fits the day use of suDDor?«^?h school students, andsupports the more general integration of the arena's and the School District's part?!;. and havingIts north face rise off the edge of a oarklna thaA ^ desirable aesthetic outcome ^ the building face rise up out ofhe landscaping, even though the face is closer to County 6 iSto"?he wetland andinto the detention pond is better accomplished with the building on the north Mark Engebretson i ‘ President Ms. Gerry Timn April 2, 1996 Page 2 Third, the mechanical engineers have proposed louvers in the west wall of the building, at the north and south ends. Although they are proposing these louver^ in order to continue to avoid any rooftop equipment, those louvers are inconsistent with our presentations to you so far, and we are resisting that design result unless it can be shown to us (and to you) that those louvers cannot reasonibly be located on the north and south faces of the building and that they will not be noisy. We will keep you advised of this louver question as the design moves forward. Please let us know your thoughts about fencing, and we- look forward to talking to you as we head toward the planning commission meeting on April Very truly yours. MFE/pkb cc: James R. Grabek Roger Zeeb John Koob Stonegate Farm Jeanne Mabusth 4627 Mark Engebretson ORONO HOCKEY BOOSTERS. INC. BOX 205 LONG LAKE. MN 55356 April 2, 1996 Ms. Gerry Timm 2885 6th Avenue N. Long Lake. MN 55356 Re: Orono Ice Arena Dear Gerry: I want to follow up on a few items related to our March 21 meeting and your subsequent call to me. First. HGA reports that additional berming along the west property line is not possible, given the drainage pattern along the west side of the property and around the north to the detention pond. We will, though, provide a fence as you requested between our project and your property. As a matter of appearance, there seems to be two questions about that fence: • should it run all along the property line, or should it run up from the south end of the project site, and then turn 90 degrees down the hill to south end of the building? • should it be a typical school chain link fence, or some version of a wooden fence, or a combination? Our ser.se at this point Is that it may work best to get the building up, and then have you make a decision on where the fence should be. Under this approach, we would want to have agreed with you up-front on what the wooden fence alternative would be. but otherwise would follow your direction. Second, we will add more trees to the landscaping plan along the west side of the building, so that we are doing more than plugging the gap in the existing evergreens. Mark Engebretson President 475-3460 L_.. - OROHO HOCKEY BOOSTERS, INC ORONO ICE ARENA Property Owners' N««ting March 21, 1996 AGENDA 1. Project Updates pricing fundraising schedule Design Presentation 3. School District Lease 4. Ownership Structure 5. Operating Issues 6. other Discussion \u^— C~^ ^ { ORONO HOCKEY BOOSTERS. INC. BOX 205 LONG LAKE. MN 55356 March 7, 1996 Mr. James T. Swanson 2995 Jamestown Road Long Lake, MN 55356 • Re: Orono Ice Arena Dear Mr. Swanson: As our work on development of an indoor ice arena north of the Orono High School continues, we invite you and the other neighboring property owners to another information and discussion meeting, to be held on Thursday, March 21, at 7:30 p.m. in the Orono City Council Chambers. We will provide an update on the status of the development, and will then focus on the proposed design and operation of the project. We will have detailed information on the project's design and appearance, the lease with the School District, and the nature of the non-profit ownership entity at that meeting. If you have any questions or comments in the meantime, please feel free to call me at work (334-5688) or at home (475-3460). Very truly yours, l/CCu, Mark F. Engebretson MFE/pkk cc: Jeanne Mabusth Neal Lawson ;. Mark Engebretson President 475-3460 Mr. James T. S nson February 27, 1996 Page 2 then we will at least be in a position efficiently to present our views and have the commission make a decision. If you have any questions or comments, please call me, and we look forward to seeing you again. Very^ truly yours, Mark Engebretson ME/pkb cc: Jeanne Mabusth 4531 * 3 I ORONO HOCKEY BOOSTERS. INC. BOX 205 LONG LAKE. MN 55356 February 21, 1996 Mr. James T. Swanson 2995 Jamestown Road Long Lake, MN 55356 » 1; \A.Ajr i Re: Orono Ice Arena Dear Mr. Swanson: In our letter to you dated January 13, 1996, we "tried to summarize the topics that we discussed at our January 24 meeting, and noted that we would appear in front of the planning commission again at its March meeting with our full application for a conditional use permit. We want you to know that we have decided not to take our application for the project to the planning commission in March, but to delay one month, and to appear in April. This time will let us present our design (including a change to a lower, flat roof) in a more effective fashion, and generally let us continue our careful approach to the project. Still, this decision risks our May l starting date, which is an important part of reliably meeting the reguirements next fall of the new Orono High School girls* hockey team, the requirements of our own youth program, and the requirements of figure skaters and other ice users in the Orono community. We will call a neighbors' meeting shortly to continue work on the concerns about the project, and will establish how we meet and communicate about the project from there. With this month delay, and with continued work together, it is our strong hope that we can all go to the planning commission in April comfortable with our project and ready to see it proceed. If for some reason we are not, Mark Engebretson President 475-3460 Mr. James T. Sw; January 13, 1996 Page 2 ;on If the planning commission approves the zoning for the project, we would expect to appear again in front of the planning commission, with our formal project application, at its meeting on March 19. If that is our schedule, we will have another meeting with you in early March, to present the important aspects of our more detailed application and to continue to discuss our mutual concerns for the successful development and operation of the project. If you have any questions or comments before the February 20 hearing, please feel free to call me, at work — 334-5688 or at home — 475-3460. Very truly yours, Mark Engebretson ME/pkb cc: Jeanne Mabusth 4518 ORONO HOCKEY BOOSTERS. INC. BOX 205 LONG LAKE. MN 55356 January 13, 1996 Mr. James T. Swanson 2995 Jamestown Road Long Lake, MN 55356 Re: Orono Ice Arena Dear Mr. Swanson: As you have seen in the notice from the City of Orono, it has scheduled a continuation of the public hearing on the zoning for our indoor ice arena project for 8:30 p.m. on Tuesday, February 20, at the Orono City Council Chambers. Based on our meeting on January 24, we have included the following issues in our ongoing preparation for development of the project: • the berming and screening of the project along the west property line • the composition and appearance of the exterior vertical walls of the project, and the treatment of the vertical face of the project along County 6 • lighting • landscaping • air handling and other project operating noise • restrictions on types and hour.s >1 .;je, and appropriate recognition of the liriaiity of those restrictions • concerns about the operating entity for the project, including a demonstration of its community-based purpose and thought about board representation or other approaches to regulating that purpose Mark Engebretson President 475*3460 H ORONO HOCKEY BOOSTERS ORONO ICE AREHR Property Ovnera Meeting January 24, 1996 1. Introduction 2. Indoor Ice Need 3.Project Status (a) Design (b) School District (c) city (d) Fundraising (e) Schedule i 4. Questions and Comments city Council Chambers, regarding the scope of uses currently permitted under conditional use permits in residential zoning districts. a copy of the formal notice from the City of that hearing is enclosed for your convenience. While the zoning amendments relate generally to issues under the zoning code, the contemplated amendments include specific reference to our proposed indoor ice arena use, and will relate to the rear setback that applies to our project. we will be requesting that the project be built with a 50 foot rear setback (along the west property line of the proposed site), as currently contemplated under Section 10.20, Subd. 3(A). Whether that setback makes sense for all school-related uses, or only for some, is part of what the City wishes to evaluate. We look forward to seeing you at these meetings. In the meantime, if you have any questions, please feel free to call me during the day at 334-5688, or at home at 475- 3460. Very truly yours. Mark Engebretson ME/pkb Enclosure 4443 i r .J 2. ■ « January 9, 1996 Re: Proposed Orono Ice Arena Dear Orono Hockey Boosters, Inc. is proposing to develop an indoor ice arena north of Orono High School, at the southwest corner of Old Crystal Bay Road and County Road 6. A map showing the proposed site is enclosed. While we are motivated to pursue this project because of the tremendous growth in our youth hockey program (fueled mainly by the success of our girls' program), the project is aimed at meeting the much larger need for indoor ice community-wide. Progress on development of the project has reached the point that we are commencing the process of obtaining all necessary City approvals. At the very start of that process, though, we want to make sure that all of the nearby residents who might have an interest in what is being proposed have a chance to be involved in it. things: Therefore, by this letter we want to do two • invite you to an information meeting about the project for neighboring residents on Wednesday, January 24, at 7:30 p.m. the Orono city Council Chambers the project architect and I will make a brief presentation about the project, and then answer questions and take comments from you. • remind you of a public hearing on Tuesday, January 16, 1996, at 9:00 p.m. at the orono ir « •V-i* '! • Hz s • ♦I V*'* • Wi—■ ivmim W \ ' v«4i/: »mj i»i i -. i— • J__l. 7 ».*^m-T *«• I I «I ..I 1 «v ■W ’ «•• a * ’f t , MO.lf «•(l« 1 i« f1 ••^ ^ 1 r*IM tmm9tu.\i• I l*w » - T ^ i▼ “1 (M •• i:«1 r«,lt«l# • I*3^(i«f im ( < wv« 'OTft (X> *^=itr*®*s\o« ,Tsr*^- * / i • 1 14 IK^. r* - > ’ rtTi.rfltWT^ fTTACHv)^ef/T 2. January 9, 1996 Re: Proposed Orono Ice Arena Dear Orono Hockey Boosters, Inc. is proposing to develop an indoor ice arena north of Orono High School, at the southwest corner of Old Crystal Bay Road and County Road 6. A map showing the proposed site is enclosed. While we are motivated to pursue this project because of the tremendous growth in our youth hockey program (fueled mainly by the success of our girls' program), the ice^comunity"wide^ meet_ng the much larger need for indoor 4-K • ^ Progress on development of the project has reached the point that we are commencing the process of obtaining all necessary City approva.'-^. At the very start of that process, though, we want to make sure that all of the nearby residents who might have an interest in what is being proposed have a chance to be involved in it. things:Therefore, by this letter we want to do two invite you to an information meeting about the project for neighboring residents on Wednesday, January 24, at 7:30 p.m. at the Orono city Council Chambers the project architect and I will make a brief presentation about the project, and then answer questions and take comments from you. remind you of a public hearing on Tuesday, January 16, 1996, at 9:00 p.m. at the Orono r 4^ this change reduced the maximum building height by approximately nine feet, and reduced the area of the north building face this change also fit Gerry Timm's concerns about building size we have worked hard on the architectural detailing of the building's north face, to provide relief for the building's apparent scale we have taken the single story team room and zamboni area sleeve, which runs along the east side of the building, and extended it to the north, eight feet past the higher arena portion of the building that evtension also helps to break up the building's north side we have eliminated one of the two original sets of double doors on the north side we have been aggressive in our landscape plan for the north sMe of the project, and carried that h. / landscaping all the way to the west propel line agreed that any future external condensing unit for lobby air conditioning would be set within a masonry enclosure 3. GrabeK Concerns and Response Jim Grabek raised the issue of the proximity of the building to County Road 6, and the appearance of the north side o' the building from County Road 6, at our first neighbors' meeting. He has more specifically proposed that the building be shifted to the south part of the site, and that the part of the parking lot now programmed to lie on the south side of the building be placed between the building and County Road 6. We have looked at this proposal, but have decided not to adopt it, for the reasons stated in our April 2 letter to Jim. With respect to that issue, we note that: it is our strong desire to have the two parking lots, which are designed to integrate with the School District's lots, orient toward the School District's buildings and the other School District parking as much as possible. We believe that isolating parking on the north side of the building would be the kind of long-term functional mistake that we are trying in so many areas to avoid. our architectural advice is that facing the surface parking lot on County Road 6, with the north face of the building rising off the far edge of that lot, is a less pleasing aesthetic outcome than shielding the parking with the building itself. while we are at the 50 foot setback from the right-of-way of County Road 6, that 50 foot setback already applied to any School District development of the site. the Planning Commission heard a full presentation on this issue in its consideration of the conditional use permit, and each member, when individually polled on the issue, voted to stay with our proposed site plan. Although we have not fundamentally altered our site plan, we have done a number of things to address this concern: changed from the original curved roof to a flat roof ORCNO ICE ARENA NEIGHBORING PROPERTY OWNERS 1. Nwiahbor involvmwnt In the course of pursuing development of the arena project, we have tried to promote communication with neighboring property owners, to offer as much opportunity for their participation as they wanted and to address their concerns where we can. With the help of City staff, we identified a set of 21 neighboring owners (not including the School District), and invited them to two project meetings — one in January and one in March. The properties owned by those 21 neighbors are marked with circled x's on Attachment 1, As a result of those meetings, we have had additional conversations and corresponded with Gerry Timm, Karin Zeeb, and Jim Grabek. A copy of all correspondence with neighbors, together with the two meeting agendas showing who attended, is attached as Attachment 2. 2. rancerns and Rssponss In response to the concerns about project appearance and operating noise raised by Gerry Timm, we have done the following: agreed to instalx a fence along the west property line provided for additional trees along the west property line provided for no rooftop air handling equipment provided for no louvers or other openings on the west wall (code requires an emergency door, but that should never be opened) selected air cooled condensers for the ice- making equipment, instead of more typical water-cooled condensers (water vapor from the water-cooled condensers could have clouded up in the winter and drifted onto the Timm's property) agreed that any future external condensing unit for lobby air conditioning would be set within a masonry enclosure • «»• - o • • f • e»fmn0 .*, •** t«r-.i • »3M.frs _ 1 — --------- ----—-------------------------^“^www%..Z ---------- 1 fi tl Ca|««:i }l »>i-*. ;)«| Cf|«T?> \*»l/ CS'**! !•.•;• Vj MINXTES OF THE ORONO PLAN'NTNG COMMISSION MEETING HELD ON Ai>RIL 15, 1996 a (M9) #2128 ORONO HOCKEY BOOSTERS, LNC, 102i OLD CRYSTAL BAY ROAD NORTH - CONPITIONAL USE PERMIT - PUBLIC HEARING 8:59-11:03 P.M. The Affidavii of Publication and Certificate of Mailing uere noted Mark Engebretson was present representing the Orono Boosters, along with architect, Ted Roseboom Engebretson stated the ice arena was being engineered by Hamilton, Green, and Abrahamson. and building contractor is Kraus Anderson Engebretson updated 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 sew er 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 w ill 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 expected from the school tliis w eek, which 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% 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% of the funds have been raised Therefore, Engebretson said the projea will require 100% funding before construction would begin. Engebretson said a meeting wi*h 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 1.75 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. MINXTES OF THE ORONO PL.\NNTNG COMMISSION MEFITFNG HELD ON APRIL 15, 1996 (M9 - #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 direaors come from their membership with the school appointing 1 and the City 1. A neighboring property ow ner w ill act as a liaison to represent concern of the neighborhood Haw n was informed that the liaison w ou!d 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 were made as a result of these meetings A major change was to redesign the roof The original bowstring design was changed to a fiat 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 fiexibility A 529,000 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 w ere in resolving 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 overfiow parking. There would be a change to drainage patterns if the building was moved The main reason to maintain the building location is for aesthetics Engebretson was asked about the elevation of the parking lot. The building itself will be sunk into the hillside and be on a dr wTivvard slope from the neighborhood Roseboom said there will be drainage and catch basms within the parking lot Karin Zeeb said she was concerned w ith the effect of drainage on their properties and into their 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 will review 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 traffic, 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 be 100’, was returned to that allowed in the code at 50'. He noted that the Planning Commission represents all of the residents of Orono and should adhere to the philosophy of open space MINUTES OF THE ORONO PL.ANNTNG COMMISSION MEETING HELD ON .APRIL 15, 1996 (M9 - #2128 Orono Hockey Boosters - Continued) Peterson commented that the property being school property 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 would be for the benefit of all citizens Zeeb asked w hat w ould 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 aftect her w hole life with the w all of the building facing her home. Peterson asked the neighbors what they had thought would be e'ected on the property ^ , when they purchased their homes Timm noted it does not matter that she knew an area'*’ was to be constructed 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 base all 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 .vas for one large parking lot on the south side It was then changed to a split lot to acconunodate 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 flat roof Roseboom said the preference would be for a pitched roof, which would have a longer guarantee. The flat roof would 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 w ill eliminate more noise and assist in maintenance I' 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 wiii have 12" of insulation MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 (ii9 - i»2128 Orono Hockey Boosters - Continued) Peterson asked about the walk-\^ay 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 oath raking the shortest route possible The fencing placement and material, separating the arena from the residential area, will be determined 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 for 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 with ‘hat 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 Giabek said the arena is inconsistent with the open space plan. Grabek review ed 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 foi 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. He 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 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 erst or the southeast side Roseboom said arenas w ork 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 issue of soils or cost but one of aesthet'cs and functionality. 15 MINUTES OF THE ORONO PL.ANNING COMMISSION MEETING HELD ON APRIL 15, 1996 (#9 - p2128 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 statFare 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 was told the borincs were not conclusive Grabek asked if a shadow print has been done on the building Mabusth asked the Cnimission if they w ould recommend one Peterson said it has not been done in the past. Peterson noted that the Commission looks at the intbrmation that they are provided in determining the viability of an application and finalized by the City Staff, 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 would be more concerned if the building was 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*^0 of funds raised prior to construction but the lease w ill not be signed w ithout 100% of the funds raised. Grabek comniented that the "push down, pash in" of the building would have the same effect if the building w ould be moved 150' south Grabek asked if there would be absolutely no noise from the louvers. Eng jbretson 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 tlie City should not have free rein to place it where they want. Engebretson said he objected to this statement He said it is not neighbor!’• 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 owe 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 PLANNING 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 building. Hawn said it can be looked at but the parking lot is to be located 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 Peterson 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 agreed. Grabek asked for a copy of the tape of the meeting Smith asked Grabek if he was representing his own viewpoint or that of a group. Grabek said he was representing himself Karin Zeeb asked if any other sites w ere 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 w as also considered. Karin Zeeb said her main concern was safety. She noted the dangerous hill by Jamestown and fast traffic Zeeb said there will be a problem with congestion from cars enfering 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 arc done, car flowage is measured and speed limits may actually rise. MEsTJTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 (p9 - ^^2128 Orono Hockey Boosters - Continued) It was noted that a bike/Iiike trail will be installed along the east side of Old Crystal Bay RoaJ. Karin Zeeb asked if an enyironment?' impact statement was done It w as noted that this was not recjuired Zeeb said the \IPCA 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. Pet-rson asked about signage Roseboom said there would be no monolithic free-standing signage but a 4* window on the fat«Je 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 pan 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-style 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 w ill be four 25-30' lights designed not to impact the residential area by being shielded downward It was noted that the lighting must meet City code Karin Zeeb questioned the inability of high school children to walk across <'amnus w hen the nearby day care walks across the street Pt.erson said there is a safety issue on Old Crystal Bay Road Zeeb asked to be on record that the arena will be a "disaster waiting to happen". Timm asked why any variances would be allowed. She was informed that there were two variances being requested and a 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 reviewed the application He noted in addition to approval of variances and CUP, the sewer issue must be resolved and the lease in place with adequate funds raised A light plan will be re\ ievved 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 f.h^. trafTc issues The Engineer must approve any drainage plans, and the site must maintain stom: water runoff The applicant will work with Staff on the landscaping plan Petersou no^ed thot the roof height of 30’ does not exceed that allowed in residential zoning and is of a non-intrusive design. MINLTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON .APRIL 15, 1996 (#9 - ^2128 Orono Hockey Boosters - Continued) Engebretson said the hours of operation during non-ice limes have not been set. He suggested the hours of 7 00 a m to 9 00 p m. He said the purpose of the building during this lime will be for daytime sports, recreation, and meetings Engebretson said the non ice time will be between March 15 and September 15 with the possibility of year-around icc in the future Prime time ice hours will run from 5:30 a m to i 1 30 p m Engebretson reponed that there will be no hazardous material used when askea about pollution problems Mabusth noted that a calculation of signage will need to be done. The allowable signage is 12 s.f, and the application will require an area signage variance W'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 signs during the evening hours Rog 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 betw een 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. \'ote: Ayes 5, Nays 0. Grabek inquired if the shadow imprint and additional soil borings were part of the motioti Peterson informed him that the Council will m;ike 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 - PUBLIC HEARING The application was withdrawn at the request of the applicant PLANNING COMMISSION COMMENTS (#11) OTHER ISSUES FOR DISCUSSION There were no additional issues discussed V To: From: Date: Subject; Jeanne Mabusth, Building & Zoning Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator April 17, 1996 Determination of EAW/EIS Applicability - Orono Ice Arena Project Summary: The Orono Icc Arena project is EXEMPT from EAW/EIS regulations. Reference Documents: 1. "Minnesota Rules 1991, Chapter 4410 - Minnesota Environmental Quality Board" (including amendments through Feb. 8. 1993). 2. "EAW Guidelines - Guidance and Information for the Preparation of Environmental Assessment W'orksheets", Minnesota Environmental Quality Board, June 1990. 3. "Guide to the Rules of the Minnesota Environmental Review Program, 1989 Edition", Minnesota Environmental Quality Board, June 1989. Note: I am advised by Greg Downing of the EQB that these are the current documents in effect. EAW/EIS Status of Orono Ice Arena You indicated that at a receiM Planning Commission meeeting a citizen had threatened to petition for an EIS on this project. You then requested that I determine whether an EAW/EIS is required under the Environmental Quality Board Rules (for an overview of the EAW/EIS program see Exhibit C). The Orono Ice Arena falls under the ’Industrial/Commercial/Institutional Facilities’ category. It is not within the scope of the 'Recreational Development' category. It does fall into the 'Air Pollution - Parking Facilities' category. It does not fall into any of the other listed categories. (Ref. 3). Within the 'Industrial/Commercial/Institutional Facilities' and 'Air Pollution - Parking Facilities’ categories: - Orono is a city of the fourth class based on a population of 7,444 (Met Council est. 4/1/94.) - The IceArena site is not within a "Water-related land use management district" as defined in 4410.0200 Subp. 92a. The City of Orono has adopted Shoreland Regulations as required by the DNR. The Ice Arena site is not within the Shoreland District and the project involves no riparian frontage (See Exhibit A). - The Ice Arena may be considered either a Commercial or Institutional facility. - The Gross Floor Space of the Ice Arena is approximately 40,900 square feet (251 ’xl63' measured on the plans) - Proposed new parking facility is for 87 standard spaces plus 4 HC spaces for a total of 91 vehicles. Based on the above information, the Ice Arena does not fall into either of the mandatory EAW or EIS categories. Further, the Ice Arena project as proposed is EXEMPT from the EAW/EIS process under 4410.4600, Subp. 10 (See Exhibit B). No citizen petition for an EAW/EIS can be honored. V' I e^m-r E Mandatory EAW Category Mandatory EIS Category Exemption Industrial / Commercial / Institutional Facilities that pntjtcu cf thoM typts may also fit oOsar specific mdasthal cauganat or ,/u caitgarus for: air poUati^ waur apptapriat^ 2? saj^^nian, .atlaadt ami praucud MUtn. agr^uUia* ami forestry, aasand crais. hutanc places, mood coiMntTcial-rtsidential. sports or emertainment facilUUs. or eoawmaucatton towers 4410.4300, aubp. 14 4410.4400, SUbp. 11 A.CoBsmicdaa oi • new or #Ti«png wmrcboiism^ or lairfin of an H^ht iodustiitl facility equal to or in excels of the follow- inf thresht^, cxpcwsod is fiou floor 1. Uninoocponiod am, 150.000 sq. ft 2. Thiid or founh dais diy, 300.00 iq. ft 3. Second dais diy. 430.000 iq. ft 4. Rm daaa dry, 6(»,00 sq. ft (Local) B. Coostiucdoo of a new or cxpannon of in cxiniof industnai, conuDexcial, or instiiu* facility, other than a wairho unnf or lifht vr^hmml facility, equal to or m excess of the folkswing thresholds, expressed as gjots floor space; I. UmnooiporBLed am, 100.000 sq. ft. 2- Third or fourth class aty. 200.000 sq. ft 3, Second class dry. 300,000 sq. ft 4. Fxm dais dry, 400.000 sq. ft (Local) C CoQSCrucdoo of a qcw or cxpannoo or in izsdustnal, co uiroero al, or institu- dcQal fadhty of 20,000 of more square feet of fiound am, if the local govensnieDLii unu has tux a^^T*^ approved water-relairri land use managensect disuia or dnanor a or plans. as and either the piojea involves lipahan fiontage of 20,000 or rooce square feet of ground am to be developed is within a waier-relaicd Usal use mMnm^ement discricL However, this iinn only applies to ihoidand liras, floodfdains, and state wild and scenic avers use districLs if the local unit of goveimim n has received offkial ooqcb from the Oepestmeni of Naunl Resouroes that it must adopt land use management distna otdmMoccs within a ipcafic pcnod of tune. (Local) AmCxsovcdoa of a new or expansion of an i»Tifnng warehousing or industrial fadhry equal to or in excess of the follow ing thresholds, expressed is giou floor space. 1. ^ninoorponied area, 375,00 iq. 2. Third or founh ciiu dty, 750,000 sq. ft. 3. Second dau aty. l.OOO.OOO sq. ft. 4. Pint dau aty, 1.500.000 sq. ft. (Local) B. ConscnicnaD of a new or exparmoo of an ezisong mdustnal coromcraai, cr insam- tiooal fkdiiy, other than a warehousmg or l;ght indiignal faoliiy equal to or m excess of the following thresholds, expressed as gross floor space: 1. Uninooroonted area, 250.000 sq. ft. 2. Third or fourth class aty, 500.000 iq. ft. 3. Second class ary. 750.000 sq. ft. 4. Rm dau ciry, 1.000,000 sq. ft (Local) C Construccion of a new or expansion of an exiting cornmemil, or ins&QttiQn- il fioEty of 100,000 or more square feet of gjouad area, if the local governmental unu has not adopted approved water-related Land use management distna ordinances or plans, as applicable, and with the projea tn^ves dpaiian ftoniagc or l(X),00C or more square feet of ground area to be developed is within 1 waier-relaifid land use management distiicL However, this item only applies to tbofeland ireti, floodplains, and state wild and scenic avers uje if the local goveznmeoiil has received official from the Department of Saiural 4410.4600, SUbp. 10 A. Ccnstruoion of a new or expansiaa of an exiiong mdustnal, commeraaL, or insnni* tional fadliiy of leu than the following thresholds, expressed u gross floor space, provided that nopan of the devdopmm ia within a water-related land use management diitncL 1. Third or fourth dau dry or unmoor- poraied area, 50,000 sq. ft. 2. Second dau aty, 75,000 sq. ft. 3. Fim dau city, 100,000 sq. ft, if no part of the devdopmeni u within a ihoreiand am. delineated flood plain, state or federally wild and scenic riven distnci, the Minnesou River Projea Rivexbend area, or the Missiasippi head- waten areas. B. (2oastmaion of an indusiiial. oommeidaL or iostuudGnal faolicy with leu than 4,000 squire feel of gross floor space, ind with U* sociaied paridng facilities dengned for 20 vehicles or leu. Resourees it must ipphcible land use management oidznanoes within a specified period of time. (Local) MNoim Ttrms used ui these caUiories mean the foUowtn^: •Warehousing fadlUy" - a subcaietory of industriai^ommeraal land use thai has as ilS ptimary function the storage of goods or maunals, other uses, such as space on sales space may be present in small amounts. •Xi^t IndustrbJ facility* - a subcaugory of mdustnat Lind use wah a primary fine non other than manufaciuring with less than 500 employees. -Gross floor space * • the total square footage of all floors, including that of ail structures on the project sJe. but not including parking lou or Ground artt** • this includes the total surface area which would be convened to an impervious surface in conjunction with the project, and does include parking lou and approaches. 111111 City (Hass - Cities of the first class: Mpls., St. Paul, Duluth - cities of the second class: 2QDOO or more population - cities of the third class: lOJXX) to 2OJ0OO population A ^ . cities of the fota^ class: less than 10IXX) population ..................................^ ... _____• cities of the jotavi Ctass: ica man iwmnj yvfmuatan ..... . , • • (The EQfi uses the retiabU population tsumates rather than the latest US. Census data in deciding what class a city is of.) Mini rjiandatory EAW Category Mandatory BS Category Exemption Industrial Commercial / Institutional Facilities (continued) iand MM districis, iht 1 Proj€Cis w%ihJ% s iMortland, flood distnei (thu€ are the "waier reUued land use manaiement dismal). to odopt oppmtd shanloMl. flood pi^ or wM Miuarial uses" art coyttrtd by ium A. Thtst typts offadUdos 2. PrpfteU (not eo*trtd try ’**^^“* ttiurait mJLi Its inrffc ptr tquart foot than othtr usu. Dtedions about wtuthtr a «C.:X traBU ^tntratutn charaatristtes of tho proytr.. 3 Preiteu n.M subjtet to tuber ium A or iumCart pottntiaUy subject to Utm B. ---------------------- ^ u> ihe ^ «Ktu«h.l ^ mniiu^ ^ there M ■Wher cMeKOcy ^ «VP« cued about) t*tide the RCU iri dtddott if a proyta is eouertd by the lums DoodB efforts 4410.4300. subp. 14 ood (n-. it a paper miU eoutred by the commer^ eormmcial / ioduoriol I insttoaumal mandator eautanu aro^^^mvi^e^e^^ ^ iJutmal / instiaoUmal cautery dots ^“PP^ TbSakd eoutary or the pulp tmd paper exis^^lo^cific subparts ere lisud out tn ium E) retardltst^ '^pZ^srreral coopmoarus cf rypu carered by mardourry cautortes. Air Pollution (including Parking Facilities) 4410.43CX), subp. 15 Non«4410.4600, subp. 10, ttam C ConfinicxioD of t new ptikmg ficiliry for less ih*n 100 vehicles if ihe fscUiry is not Imied is t wtier-reisied lend use oiiosgemenl disma. A. CoofflucDon of t ftinooiry source fidlity thit gencmei 100 tons or moie per year of ny ns^ tir pofltmm ifier insiAlUnGn of lir poOunon ooouol ocpnpoienL (PCA) B. Conrxnicbon of a new peiidng faciliry foe 2,000 or moie vehicles CJioe|X ihit tto categocy docs not apply ®y p**^Q08 fadlxry which u pan of a pcojea reviewed pununt lo part 44ia4300, wbpart 14. 19. 32, or 34. or part 44ia4400. subpart 11, 14. 21. or 22. (PCA) 42 1, . EXHIBIT C Overv iew of EAW/EIS Process The Minnesota Environmental Review Program authorized by Minn. Stat. section 116D.04 and 116D.045 was created to avoid and minimize damage to Minnesota ’s environmental resources caused by public and privare development. It does this by requiring that proposed actions which have or may have the potential for significant environmental effects undergo a special review process intended to disclose information so that those effects can be assessed, and ways to minimize or avoid any significant impacts can be identified. The two review procedures used by this program are the Environmental Assessment Worksheet (EAW) and the Envi'-onmental Impact Statement (EIS). The EAW is intended to screen projects which "may have the potential ;or significant environmental effects" to determine if they actually do. If the answer turns out to be "yes", then an EIS must also be prepared. The rules establish Mandatory EAW, Mandatory EIS and Exemption categories for the various types of projects. These categories are often distinguished by thresholds or levels of construction or expansion, such that a small project of a certain type may be exempt from review but a large project of the same type may fall into a "mandatory" category. Projects which fit neither a mandatory or exemption category can be subjected to a 'Discretionary EAW which may be initiated by action of the responsible governmental unit absent a citizen petition, or shall be initiated upon citizen petition pursuant to the Rules. Citizens can only petition for an EAW, they cannot petition for an EIS. A project that falls into an ’exempt' category shall not be subject to an EAW or EIS, nor to a discretionary EAW, even if the RGU or citizen petition requests it. fo o\ A t> ’ ,. ,4' October 16, 1996 \}l GITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Hennepin County Government Center Department of Property Tax & Public Records Attn: Don Deiitsch, ID Controller A 607 Minneapolis, MN 55487 Dear Mr. Deutsch: Mailing Addreu: P.O. Box 66 Crystal Bay. MN 55323 0066 I (we), hereby make request for a combined assessment on the following described land: Legal Descriptions: PIN 28-118-23 34 0001 AND PIN 28-118-23 31 0002 Legal Description: The East 430 feet of that part of the Northeast 1/4 of the Southwest 1/4 of Section 28, Township 118 North, Range 23 West of the 5th Principal Meridian, lying South of the centerline of the Watertown Road as originally laid out and constructed, subject to existing easements for road purposes, and subject to an easement for underground utility purposes under the North 20 feet thereof. Street Address: 795 Old Crystal Bay Road North Municipal Code: 38 Ca.cw:, ScU-L Signature of Fee Owner(s) For 1997 Tax Year Of OOP ^ ^*^5 Ckv - Signature of Tax Payer(s) oic^ j pcq njo > Telephone (612) 473-7357 TaKie((3498^«Sltfdress Permit Applicatioii No. 96*80 August 16,1996 Applicant: Location: Purpose: Applicable Rules: Exhibits Rev.ewed: Orono Hockey Boosters, Inc. P.O. Box 205 Long Lake, MN 55356 City of Orono, PID No. 28-118-23-34-2 Construction of Orono Ice Arena with minor wetland alteration and associated on site mitigation and construction of a stormwater pond, Rule B - Stormwater Management and Erosion Control Plans Rule D - Wetland Protection 1. Permit application 96-80 received April 1. 1996. 2. Initial wetland delineation report for investigation performed in early December 1995 by GME Consultants received April 18, 1996. 3. Full size plans for project received April 18,1996. 4. Hydrologic calculations received April 18,1996. 5. Technical description of the project received April 18,1996. 6. Full size and reduced size grading plan showing revised pond grading received May 1, 1996. 7. Full size grading plan including proposed wetland mitigation received July 26, 1996. 8. Reduced size grading plan including proposed wetland mitigation received July 31, 1996. Staff Review and Summary: The project involves the construction of a community ice arena on approximately 4.8 acres at the intersection of Old Cr> stal Bay Road tmd 6th Avenue North. The site is within the Subwatershed Planning Unit U-2, LLC-13. A 7,600 square foot wetland is on site and has been delineated and a sequencing analysis performed. 3,200 square feet of the wetland will be filled for construction of the access road and parking lot. 2,000 square feet falls under the Wetlands Conservation Act deminimus exemption. 2,884 square feet of wetland mitigation will be performed on site. The required buffer zone will be provided around the remaining and the mitigated wetland. The proposed stormwater management pond will control runoff rates and is designed to meet the NURP standards. Recommendations: Approval pending receipt and staff approval of the following: 1. A signed stormwater facilities maintenance agreement. The following condition shall be placed on the permit: 1. The proposed stormwater pond shall be built and functional prior to other construction to assure compliance with District Rule B. 2. Activities including but not limited to mowing, yard waste disposal and fertilizer application shall not occur within the wetland buffer zone. Project Review Status by Other Governmental Units; The project received preliminary approval from the City of Orono planning commission in April 1996. '‘t Gray Freshwater Center Hwys. IS & 19. Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (612) 471-0590 Fax:(612)471-0682 Email: adminOmnwatershed org Web Site: www.mnwatershed.org Board ol Managers; John E. Thomas President Pamela G. Blixt Vice President Monica Gross Secretary Thomas W. LaBounty Treasurer C. Woodrow Love Thomas Maple. Jr. Malcolm Reid District Office: Eugene R. Strommen District Director Suzanne M. Weedman Asst. District Director Pnniid on rtcydtd pBptr conuwung iBBSt 30% pest consumtr eoMiB Miooehaha dreek Watershed District Improving Quality of Water, Quality of Lif> August 23,1996 Permit Application No. Applicant: Orono Hockey Boosters, Inc. P.O. Box 205 Long Lake, MN 55356 Location: City of Orono, PID No. 28-118-23-34-2 Purpose:Construction of Orono Ice Arena with minor wetland alteration and associated on site mitigation and construction of a stormwater pond, Dear Orono Hockey Boosters, Inc.: At the regularly scheduled August 22, 1996 meeting of the Board of Managers, the subject permit application was reviewed along with tlie following exhibits: 1. Permit application 96-80 received April 1, 1996. 2. Initial wetland delineation report for investigation performed in early December 1995 by GME Consultants received April 18, 1996. 3. Full size plans for project received April 18, 1996. 4. Hydrologic calculations received April 18, 1996. 5. Technical description of the project received April 18, 1996. 6. Full size and reduced size grading plan showing revised pond grading received May 1 1996. 7. Full size grading plan including proposed wetland mitigation received July 26, 1996. 8. Reduced size grading plan including proposed wetland mitigation received July 31, 1996. Due to the size and complexity of certain projects, the Board, by Rule J, requires that site inspections be conducted. In these cases, the applicant is required to pay to the District a fee equal to the actual costs of analysis of the project, field inspection, engineering services, legal services, and any subsequent monitoring of the work. These costs are referred to as Rule J fees. Action was taken approving your permit application pending receipt of Rule J fees in the amount of $376.05, and a signed stormwater facilities maintenance agreement. With the special condition to be on the permit: H «iis«i lU^wounjomuMlti 4am \r S' Orono Hockey Boosters, Inc. Permit Application No. 96-80 August 23, 1996 Page 2 Please be advised that the project is not authorized until the above has been submitted and you have been notified of permit issuance. Sincerely, WENCK ASSOCIATES, INC. Engineers for the District Alan A. Mackenthun Civil Engineer AAM/lJv cc:City of Orono Mark Engebretson Minnehaha Creek Watershed District NieilSWI lS«^WO«X>M^>HQtZM LTR AAM I UU STORMWATER FACILITY MAINTENANCE AGREEMENT This maintenance agreement is made this day of , 199 , by and between Orono Hockey Boosters Inc., hereinafter referred to as "Applicant", and the City of Orono, hereinafter referred to as "City", to provide for the maintenance of the stormwater facilities constructed pursuant to Minnehaha Creek Watershed District permit application number 96-80. WHEREAS, Applicant has applied for a permit from the Minnehaha Creek Watershed District ("MCWD") pursuant to MCWD Rule B, application attached hereto as Attachment 1; and WHEREAS, MCWD Rule B provides, "A maintenance agreement shall be submitted for: stormwater treatment ponds, outlet structures for such ponds, culverts, outfall structures and all other stormwater facilities. This maintenance agreement shall specify methods, schedule and responsible parties for maintenance and must include at a minimum, the elements contained in the District’s Maintenance Agreement Form. " NOW, THEREFORE IT IS MUTUALLY AGREED by and between the parties 1. The city shall inspect the stormwater retention and treatment basin(s) at a minimum of once a year to determine if the basin’s retention and treatment characteristics are adequate. A storage treatment basin will be considered inadequate if sediment has decreased the wet storage volume by 1/2 of its original design volume. Based on this inspection, if the stormwater basin(s) is identified for sediment cleanout, the Applicant shall restore the basin(s) to its original design contours within one year of the inspection date. 2. The City shall inspect the grit chambers, sump catch basins, sump manholes, outlet structures, culverts, outfall structures or other stormwater facilities for the project in the spring and tall of each year. The Applicant shall remove all sediment and debris identified during the inspections such that the stormwater facilities operate as designed and permitted. 3. Violation of the inspection and/or maintenance provisions of this Agreement is a violation of the MCWD permit for the project for which the MCWD may take action against the Applicant. 4. This Agreement is binding on the Applicant and the Applicant’s representatives, heirs, successors and/or assigns. % /^'7 •'T 3834 ARTICLES OF INCORPORATION OF ORONO ICE ARENA, INC. We, the undersigned, of full age, for the purpose of forming a corporation under the provisions of Minnesota Statutes, Chapter 317A, do hereby form a body corporate and adopt the following Articles of Incorporation. ARTICLE I The name of this corporation shall be; Orono Ice Arena, Inc. U ARTICLE II This corporation is organized and shall be operated exclusively for charitable and educational purposes, and in connection therewith exclusively for the benefit of, to support the functions of, and to assist in carrying out the purposes of Orono Hockey Boosters, Inc., a Minnesota nonprofit corporation. In furtherance of its purposes, this corporation may establish, construct, eguip, maintain and operate an ice arena or arenas principally for youth and high school hockey activities, secondarily for other community skating and ice rink-related activities and lastly for public community athletic or assembly uses, including school classes and community meetings, the foregoing order constituting an intended priority of uses, all for the benefit of those persons residing within or attending the schools of Orono Independent School District 278. All the powers of this corporation shall be exercised only so that this corporation's operations shall be exclusively within the contemplation of Section 501(c)(3) of the Internal Revenue Code. All references in these Articles of Incorporation to sections of the Internal Revenue Code are to the Internal Revenue Code of 1986 and include any provisions thereof adopted by future amendments thereto and any cognate provisions in future Internal Revenue Codes to the extent such provisions are applicable to this corporation. ARTICLE III This corporation shall not afford pecuniary gain, incidentally or otherwise, to its members, if any. No part of the net income or net earnings of this corporation shall inure to the benefit of any member, private shareholder or individual. This corporation shall not lend any of its assets to or guarantee the obligation of any officer, director, or employee of this corporation, or a member of the family of such a person. Nothing herein shall be construed to 25828 2835 establish or prohibit the payment of reasonable compensation to any person for services actually rendered by such person to this corporation . ARTICLE IV No substantial part of this corporation's activities shall consist of carrying on propaganda or otherwise attempting to influence legislation. This corporation shall not participate in intervene in (including the publishing or distributing cf *^tatements) any political campaign on behalf of (or in opposition t.*') any candidate for public office. ARTICLE V _ • The perior of duration of this corporation's existence shall be perpetual. ARTICLE VI The registered office of this corporation shall be located at Orono Schools, Administration Office, 685 Old Crystal Bay Road Orono, MN 55356. ARTICLE VII This corporation shall not have members with voting rights. The Board of Directors may establish one or more classes of non-voting members upon such conditions and terms as it from time to time deems appropriate. ARTICLE VIII The management and direction of the business of this corporation shall be vested in a Board of Directors. The members of the Board of Director, shall be those persons who are from time to time duly elected in the following manner: a.Three members of the Board of Directors shall be appointed by the Board of Directors of the Orono Hockey Booster's, Inc.; b. c. 2S3G One member shall be appointed by vote of the elected Council of the City of Orono; and One member shall be appointed by vote of the Board of Education of Orono Independent School District 278. rhe number, term of office, powers, authority and duties of members of the Board of Directors, the time and place of their meetings, and such other regulations with respect to them as are not inconsistent with the express provisions of these Articles of Incorporation shall be as specified from time to time in the Bylaws of this coloration. Any action required or permitted to be taken at a meeting of the Board of Directors may be taken by written action signed by the number of directors that would be required to take the same action at a meeting of the Board of Directors at which all directors were present. All directors shall be notified immediately of the text and effective date of any such written action that is duly taken. ARTICLE IX The initial Board of Directors shall have three members, indicated by name below, who shall constitute the entire Board until the appointment of the additional members specified in ^^ticle Vlllb or c. Each Director shall serve until the annual meeting of the Board of Directors in the year set forth below opposite his or her name and until his or her successor has been elected and qualified. The name of each director, the year in which his or her term of office shall expire, and the party appointing him or her 3-.e as follows: Name Mark Engebretson Pat Wolfe John L. Neveaux, Jr. to be determined to be determined Term Expires 1999 1998 1998 1999 1993 Appointed By Orono Hockey Boosters, Inc. Orono Hockey Boosters, Inc. Orono Hockey Boosters, Inc. Ind. School Dist. 278 City of Orono ARTICLE X This corporation shall have no capital stock. TU^TICLE XI The directors and officers of this corporation shall not be personally liable for the debts or obligations of this corporation of any nature whatsoever^ nor shall any of the property of the 2837 directors or officers be subject to the payment of the debts or obligations of this corporation to any extent whatsoever. ARTICLE XII These Articles of Incorporation may be amended from time to time in the manner provided by law, provided, however, that any such amendment shall not be effective until it has been approved bv Orono Hockey Boosters, Inc. ARTICLE XIII This corporation may be dissolved in accordance with the laws of the State of Minnesota. In the event of the dissolution of this corporation any surplus property remaining after the payment of its debts shall be disposed of by transfer to Orono Hockey Boosters, Inc., or its succesor to be held exclusively for charitable or educational purposes; provided, however, that if Orono Hockey Boosters, Inc. or such successor organization is not then in existence or is not an organization described in Section 501(c) (3) of the Internal Revenue Code, then such surplus property shall be disposed of by transfer to one or more corporations, associations, institutions, trusts, or foundations organized and operated for one or more of the purposes of this corporation, and described in Section 501 (c) (3) of the Internal Revenue Code, or to the State of Minnesota or any political subdivision or agency thereof for exclusively public purposes, in such proportions as the \oard of Directors of this corporation shall determine. Notwithstanding any provision herein to the contrary, nothing herein shall be construed to affect the disposition of property and assets held by this corporation upon trust or other condition, or subject to any executory or special limitation, and such property, upon dissolution of this corporation, shall be transferred in accordance with the trust, condition or limitation imposed with respect to it. ARTICLE XIV The names and addresses of the incorporators are: Mark Engebretson 2905 Fox Street Long Lake, MN 55356 John L. Neveaux, Jr. 5740 West Main Street Maple Plain, MN 55359 2838 IN WITNESS WHEREOF, we have hereunto set our hands this day of , 1996. - - Mark Engebretson, Incorporator I /John L.NeveaUx, Jr., Ibcofporator STATE OF MINNESOTA DEPARTMENT OF STATE FILED MAY16 1993’^ Secretary of Sfa!a f ! INTERNAL REVENUE SERVICE DISTRIi.r DIRECTOR 1100 COMMERCE STREET DALLAS, TX 75242 DEPARTMENT OF THE TREASURY Date:.SEP 6 tt96 ORONO ICE ARENA INC 685 OLD CRYSTAL BAY ROAD LONG LAKE, MN 55356 Employer Identification Number; 41-1845694 Case Number: 366227035 Contact Person: MRS. Y. NOBLES Contact Telephone Number: (312) 886-6532 Accounting Period Ending: December 31 Form 990 Required: Yes Addendum Applies: No _ Dear ^plicant. Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3). We have further determined that you are not a private foundation within the meaning of section 509(a) of the Code, because you are an organization described in section 509(a)(3). If your sources of support, or your purposes, character, or method of operation change, please let us )cnow so we can consider the effect of the change on your exempt status ^nd foundation status. In the case of an amend ment to your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, you should inform us of all changes in your name or address. As of January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other federal excise taxes. If you have any questions about excise, employment, or other federal taxes, please let us know. Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(3) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a)(3) organization. Donors may deduct contributions to you as provided in section 170 of the Letter 947 (DO/CG) 1 -2- ORONO ICE ARENA INC Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for federal estate and gift taoc purposes if they meet the applicable provisions of Code sections 2055, 2106, and 2522. Contribution deductions are allowable to donors only to the extent that their contributions are gifts, with no consideration received. Ticket pur chases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circum stances. See Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, which sets forth guidelines regarding the deductibility, as chari table contributions, of payments made by taxpayers for admission to or other participation in fundraising activities for chari'.y. In the heading of this letter we have indicated whether you must file Form 990, Return of Organization Exempt From Income Tax. If Yes is indicated, you are required to file Form 990 only if your gross receipts each year are normally more than $25,000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. If you are not required to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $10 a day is charged when a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $5,000 or 5 per cent of your gross receipts for the year, whichever is less. This penalty may also be charged if a return is not complete, so please be sure your return is complete before you file it. You are not required to file federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter we are not determining v/hether any of your present or proposed activities are unre lated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you fils and in all correspondence with the Internal Revenue Service. In accordance with section 508(a) of the Code, the effective date of this determination letter is May 16, 1996. If we have indicated in the heading of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. Because this letter could help resolve any questions about your exempt Letter 947 (DO/CG) -3- ORONO ICE ARENA INC status and foundation status, you should keep it in your permanent records. We have sent a copy of this letter to your representative as indicated in your power of attorney. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours. Bobby E. Scott District Director > f I Letter 947 (DO/CG) 12* INSULATED PRECAST PANELS W 3/4' REAVEALS • 4'-0' OC. EACH (UAY a OFNa. CL CL Of=Nfi. a*-0* OPNG.24*.0* CL OPN(3.IS*-0' CL OPMfli — \:£/ V ■ <IL P°RO NO I CE A RE NA L6in lfU9 NTy • ■_\ si 3 3 Nj 3 4 3 oj 3 JO JO •H CM •H U« o l/> • • o rH 3 O »H O HM DOOR AND FRAME ■0 n'-e." 1 " \ mJimrmim 1 — r \ • ^ ■ |l \ = 1'/ im 1 --------- +\ f 2V-4 18'-o" /T\kocf plan SMm W6*.vnr"^ v-to" ROOF PLAN GENERAL NOTES I ctHeamucfmeo3iomttMi.iioancrtamttauKJina», hc •1 c h ^ ife •la o oc tr C 5t CIc g g r\ .. GROUND LEASE AND RECREATIONAL FACILITY COOPERATIVE ACRFKIMFNT Tins AGREEMENT is made and executed on this day of June, 1996 by and between Independent School District No. 278, Orono (‘'Lessor”), and Orono Ice Arena, Inc. (‘‘Lessee”), a non-profit corporation organized and existing under the laws of the State of Minnesota, having its principal place of business at 1025 Old Crystal Bay Road North, Long Lake, County of Hennepin, State of Minnesota, 1. DESCRIPTION. DEMISE AND USE OF PREMISES Lessor, in consideration of the rent and covenants hereinafter stated, leases to Lessee and Lessee does hereby rent from the Lessor approximately 4.4 acres of real property located at the southw est corner of Old Crystal Bay Road and Hennepin County 6, in the City of Long Lake, County of Hennepin, State of Minnesota, and more particularly described in Exhibit A, w hich is attached hereto and made a part of this Agreement. Lessee’s use of the land conveyed under this Agreement will be limited to the construction, operation, maintenance, repair and replacement of an indoor ice arena and adjacent parking lot. 2. CONTRIBUTION TO RECREATIONAL FACILITY Lessor, in accordance with Minn. Stat. §§ 471.15-471.191 and in consideration of the covenants hereinafter stated, grants to Lessee the sum of $175,000 for the operation of the arena facility, to be delivered to Lessee not later than thirty (30) days after the Commencement Date (as defined below). 4. V Said grant ol $175,000 by Lessor is contingent upon completion by Lessee at Lessee’s sole expense of the construction and erection of the arena and parking lot described in section 7 of this Agreement within six (6) months of the Commencement Date (as defined below). Lessee agrees that in the event of a failure, for any reason other than labor dispute, fiie, unusual delay in deliveries, unavoidable casualties or other causes beyond Lessee's control, to complete the erection and construction of the arena and parking lot in accordance with the plans and specifications referred to in section 7(A) of this Agreement within six (6) months, of the Commencement Date (as defined below). said grant shall be revoked and shall be repaid to Lessor within thirty (30) days. Lessee further agrees that the failure to complete the erection and construction of the arena and parking lot in accordance with the plans and specifications referred to in Section 7(A) of this Agreement by December 31, 1997 shall, regardless of the reason for such failure. cause said grant to be revoked and to be r epaid to Lessor within thirty (3) days. Lessee agrees to pay all legal fees and costs associated with efforts of Lessor to recover said grant. 3. TERM The term of this Agreement will be a period of 30 years, commencing on the Commencement Dale, as defined below, and ending on a date thirty (30) years hereafier. Lessee may, at the expiration of the initial term, and at its sole option, renew this Agreement for a period of 25 years. Lessee's intent to renew must be conveyed in writing to Lessor 90 days prior to the expiration of the initial term. Failure to provide the required written notice will, without any action by Lessor, terminate Lessee’s right to renew the Agreement. Lessor and Lessee may. by mutual written agreement, renew the Agreement following the expiration of the initial term and any subsequent terms. The "Commencement Date" shall be a date specified in a written notice from Lessee to Lessor, which date shall ’je on or after the date on which each of the conditions set forth in section 7(E) has been satisfied. Said notice shall be sent in accordance with the provisions of Section 24, herein. Upon the occurrence of the Commencement Date, Lessor and Lessee shall e.xecute an amendment to this Lease, pursuant to the provisions of Section 34, herein, which sets forth the Commencement Dale. 4. RENT Lessee will pay annual rent to Lessor in the amount of $1.00 (one dollar) payable on the Commencement Date and on ever)' anniversary of the Commencement Date . WARRANTIES OF TITLE AND QUIET POSSESSION Lessor covenants that Lessor is seized of the demised premises in fee simple and has full right to make and enter into this Agreement and that Lessee shall have quiet and peaceable possession of the demised premises during the term of this Acreement. 6.REPRESENTATIONS BY LESSEE Lessee represents and warrants to Lessor that Lessee has the requisite power and authority to enter into and to perform this Agreement. 7. CONSTRUCTION A. Plans and specifications. Lessee has. at Lessee’s sole expense, prepared, or caused to be prepared, plans and specifications for a new ice arena and parking lot through the Design Development Phase, and has delivered such Design Development documents to Lessor. All additional plans and specifications shall be submitted to Lessor for Lessor’s written approval or any revisions required by Lessor. Lessor shall not unreasonably withhold such approval. Lessor acknow'ledges that it has approved the floor plan, site plan and general appearance of the structure. B. Construction. On or before July 1, 1997, Lessee shall, at Lessee’s sole expense, commence, and shall thereafter diligently prosecute to completion the construction of the arena and parking lot in accordance with such plans and specifications. All such construction will be in accordance with applicable legal requirements, ordinances, zoning requirements, and will be in accordance with the plans and specifications for the project approved by Lessor. Prior to the commencement of any w'ork. Lessee shall require the contractor or contractors performing the construction work to post a performance bond or bonds and payment bond or bonds guaranteeing both the completion of the construction project in accordance with project plans and specifications and the payment of all subcontractors and materials suppliers and laborers in connection with the work. In lieu of posting a payment bond. Lessee shall obtain waiveis from all parties performing work on the project or supplying materials to the project by which the parties waive their rights under the Mechanic's Lien Law, Minn. Stat. § 514.01 et. seq., and the Contractor’s Bond for Public Work Statute, Minn. Stat. § 574.26, et. seq., unless Lessor has, upon a showing of good cause by Lessee at or prior to the commencement of construction, excused Lessee, in whole or in part, from obtaining such waivers. Lessee shall keep Lessor advised of the progress of construction and Lessor’s representatives shall be entitled to attend all project meetings and enter upon and inspect the premises during construction. Lessee will cause the arena to open with indoor ice not later December 31,1997. C. Alterations, improvements, and changes permitted. Lessee si'.all have the right to make such alterations, improvements, and changes to the arena and parking lot as Lessee may deem necessary, or to replace the arena or parking lot with a new one of at least equal value, provided that prior to making any alterations, improvements, or changes, or to replacing the arena or parking lot, Lessee shall obtain Lessor’s written approval of plans and specifications therefor, which approval Lessor shall not unreasonably withhold, provided that the value of the arena and parking lot shall not be diminished, the structural integrity of the arena shall not be adversely affected, and the exterior appearance shall not be significantly altered, by any such alterations. improvements, or changes, or that any proposed new arena or parking lot is at least equal in value to the one that it is to replace, as the case may be. D. Disposition of new improvements. The arena, parking lot, and all other structures constructed b>’ Lessee on the premises, and all alterations, improvements, changes, or additions made in or to the premises shall be the property of Lessee during the term of the Agreement, and Lessee shall be responsible for all obligations and duties arising out of such ownership. E. Conditions to Lessor's and Lessee's obligations. This Agreement, and Lessor's and Lessee’s obligations hereunder, is contingent upon the occurrence of the following: (1) Lessor's reasonable approval of: (a) Lessee's total project budget. (b) Lessee's project budget net of items which are not required for an operating ice arena and parking lot which meet code requirements. (c) Lessee's sources of funds to pay at least the budget amount described in subparagraph (b) above; any approval made by Lessor pursuant to this Section shall not be considered to constitute a representation to any third-party of Lcs.see's financial or fiscal status or its capability to carry out obligations under any contacts it enters into in connection with construction described in this Agreement. (2) Lessee's receipt of a building permit for the project from the City of Orono. (3) Authorization from the membership of Orono l lockey Boosters, Inc. to proceed with the ice arena project, and to contribute its arena cash and pledges to Lessee in furtherance of Lessee's development and operation of the arena project under this Lease. Lessee will endeavor to cause each of these conditions to be satisfied by July 1, 1996. It any of these conditions has not been satisfied on or before July 31, 1997, then this Lease shall terminate, and Lessor and Lessee shall execute all such documents reasonably requested of the other to confirm such termination. F.Temporary Storage Uses. It Lessee's commencement of construction of the arena project is delayed beyond July 1, 1996, it may be beneficial for Lessee ne\ ertheless to authorize and pay for the fabrication of structural steel or other arena components which involve a lead-time in their delivery to the project. In that event. Lessee may request Lessor's approval to store such materials on the demised premises in advance of the Commencement Date, and Lessor will consider such requests, taking into account required City of Orono approvals for such storage, the appearance and safety of such storage and other relc\ ant matters. G. Combination of Tax Parcels. Lessor agrees promptly to apply for the combination ot the ta.x parcel for the demised premises with Lessor's tax parcel that adjoins the demised premises on the south, as contemplated under the City of Orono's zoning code amendment for the project. 8. REPAIRS AND DESTRUCTION OF IMPROVFMKNT.S A. Maintenance of improvements. Lessee shall, throughout the term of this Agreement, at its own cost, and without expense to Lessor, (e.xcept as specifically set forth otherwise under Section 13, herein) keep and maintain the premises, including the arena, parking lot, and all improvements of every kind that may be a part of the premises, and all appurtenances to the premises, including sidewalks adjacent to the premises, in good, sanitary, and neat order, condition and repair, and, e.xcept as specifically provided in this Agreement, restore and rehabilitate any improvements of any kind that may be destroyed or damaged by fire, casually, or any other cause whatsoever. B. No obligation by Lessor to make improvements. E.xcepl as specifically set forth otherwise under Section 13 herein. Lessor shall not be obligated to make any repairs, replacements, or renewals of any kind or nature whatsoever to the demised premises, the arena, parking lot. or any other improvements on the demised premises. C. Damage to and destruction of improvements. In case of damage to or destruction of the arena, parking lot, or other improvement. Lessee shall at its own expense promptly repair and restore it to a condition as good or better than that which existed prior to the damage or destruction. All repairs and replacements arc subject to the provisions of section 7 of this Agreement, specifically including Lessor consent requirements. Without limiting the obligations of Lessee or creating any obligation of Lessor, it is agreed that the proceeds of any insurance covering damage or destruction shall be made available to Lessee for repair or replacement. D. Damage or destruction occurring toward end of term. Notwithstanding anything contrary in this Agreement, in case of destruction of or damage to the demised premises from any cause so as to make it untenantable occurring during the last two years of the term of this Agreement, Lessee, if not then in default under this Agreement, may elect to terminate this Agreement by written notice served on Lessor within 90 days after the occurrence of the damage or destruction. 8 1 In the event of such termination by Lessee, Lessor will have the following options (1) to have the remaining structure(s) removed from the demised premises by Lessee and the demised premises restored to the condition it existed prior to execution of this Agreement, at Lessee’s sole expense. Should Lessor select this option, any available insurance proceeds shall be available to Lessee to co\ er the costs incurred by Lessee in performing its obligations hereunder; or (2) to release Lessee of any further obligations under this Agreement and retain any insurance proceeds for use as determined by Lessor. 9. REDELIVERY OF PRF.lVfISF.<; Lessee shall pay the rent and all other sums required to be paid by Lessee under this Agreement in the amounts, at the times, and in the manner provided in this Agreement, and shall keep and perform all the terms and conditions contained herein. At the expiration or earlier termination of this Agreement. Lessee shall peaceably and quietly quit and surrender to Lessor the premises in good order and condition subject to the other provisions of this Agreement. In the event of a non-performance by Lessee of any of the covenants of Lessee undertaken in this Agreement, this Agreement may be terminated as provided elsewhere in this instrument. 10. EFFECT OF LEvSSEE’S HOLDING OVER Any holding over after the e.xpiration of the term of this Agreement, with the consent of Lessor, shall be construed to be a tenancy from month-to-month, at a monthly I rental rate equivalent to l/12th of the annual rent specified in paragraph 4 hereof and shall otherwise be on the terms and conditions specified in this Agreement, so far as applicable H. DISPOSITION OF IMPROVEMENTS ON TERMINATION OF I FASF On termination of this Agreement for any reason. Lessor shall become the owner ol the arena, parking lot, and any other buildings or improvements on the demised premises. Lessee agrees to execute all documents necessaiy to establish Lessor’s fee simple title in the improvements. 12. ARENA RENTAL AND USK OF PRFIVIISF.S Lessee shall maintain and operate the arena principally for youth and high school ice hockey activities, secondarily for use by Lessor in support of its educational and recreational programs and, lastly for other community skating and ice rink related activities and for public community recreational athletic and assembly uses, including community meetings, the foregoing order constituting an intended priority of purposes. all primarily, (though not exclusively), for the benefit of those persons residing in or attending the schools of Lessor. More specifically. Lessee shall maintain usable ice in the arena for a minimum of six months during each school year, commencing on or before September 15 and ending on or after March 15. During the period of March 16 - September 14, if usable ice is not in place, use of the arena will be limited to educational, sporting, recreational, and other community purposes, and for such private meetings, shows or expositions or other programs as from timc-to-time may be approved by Lessor. The first priority of such use during such period shall be that of use by the Lessor in support of its educational and recreational programs. All uses of the premises shall be subject to the following restrictions and requirements: 1 . Use of the premises for any purpose will not commence before 5:30 a.m., and events will not be scheduled to e.xtcnd past 11:30 p.m.. unless expressly agreed, in writing, by both parties. However, it is agreed that sporting events will continue to completion. When ice is not in place use will not commence before 7:00 a.m. and events will not be scheduled to extend past 10:00 p.m. 2. In all uses, reserv'ations, and rentals of the arena, priority will be as follows: 1) uses and programs of the School District and the Orono Hockey Boosters (“OHB”)(ice time priority between the District and 01 IB is described more fully below); 2) civic, community or non profit uses of residents or organizations from within the School District, 3) civic, community or non-profit uses of residents or organizations from outside the School District; 4) private, for-profit uses of residents or organizations from within the School District; 5) 4. private, for-profit uses of residents or organizations from outside the School District. 3. As between the School District and 01 IB, the District will hold a first priority for rental of ice in the arena for its boy’s and girl’s varsity and junior varsity hockey teams, and any other e.xtra or cocurricular activity of the School District utilizing the ice time to the extent ol 350 hours of ice each season (plus hours required for State High School Hockey Tournament playdown games played at the arena). The terms and conditions of Lessor's use of ice time for practices, scrimmages and games for such teams will be set forth in written agreements between Lessor and Lessee at the beginning of each school year. Programs of OHB will have second priority for the use of ice time, followed by physical education and community education programs of the School District. 4. Lessee will obtain an adequate security deposit from all persons or entities renting the arena to the extent that the market for ice time sales does not preclude such deposits. Lessee will reimburse Lessor for any uninsured damage to Lessor’s adjacent property caused by Lessee's general operation of the arena (but not by persons using the arena or demised premises). 12 I • \ ^ • * 1 i 5. No smoking or alcoholic beverages will be allowed in the arena or on the demised premises at any time or in anv circumstance. 6. Lessee and Lessor will dev elop and review from time to time a complete set of rules and regulations lor use of the arena and surrounding property, and Lessee wilt diligently enforce such rules and regulations on all users of the arena. Lessee agrees to comply with all laws, ordinances, orders, rules and regulations promulgated by all government agencies which relate to the use, condition or occupancy of the premises by Lessee. In addition, Lessee shall put and keep said premises continually in a neat, clean and respectable condition. No exterior storage will be permitted without Lessor’s prior written consent. Lessee shall, on or before September 1 of each year, deliver to Lessor an annual operation and capital budget for Lessor’s review and approval. Lessee shall, quarterly, deliver to Lessor operating and financial statements. 13. USE OF PARKING LOT \ . 1 he arena parking lot shall be used only for parking purposes. Lessor, its students. staff and visitors shall be entitled to use the arena parking lot. Lessee and arena users shall be entitled to use adjacent parking facilities of Lessor when the arena parking lot is full. Lessee and Lessor will develop from time to time a complete set of rules and regulations for use of the parking lot and Lessor’s adjacent parking lots. 'I i =1 Lessee shall be responsible for replacement of the parking lot paving, curbing, or significant parts thereof, and for all repairs contemplated by Section 8 of this Agreement, subject to the limitations set forth in the remainder of this paragraph. Notwithstanding any contrary provisions, in consideration of Lessor’s use of the arena parking lot, i.essor shall be responsible lor routine cleaning, sweeping, striping, seal coating and ordinary and normal maintenance of the parking lot as constructed under the plans and specifications referred to in section 7 of this Agreement. Lessor shall also be responsible for snow removal from said parking lot consistent w ith Lessor’s schedule for snow removal from Lessor’s adjacent parking lots. Any snow removal required that is not consistent with Lessor’s snow removal schedule or that is required on an emergency basis shall be the responsibility ofLe.ssee. Lessee shall be responsible, at Lessee’s sole expense, for all repairs, cleaning, sweeping, striping, seal coating, maintenance, and snow' removal for any parking area or lot constructed in addition to that which is described in section 7 of this Agreement. 14. USES PROHIBITKD Lessee shall not use, or permit the demised premises, or any part of the demised premises, to be used for any purpose or purposes other than the purpose or purposes set forth in this Agrccmcnl, No use shall be made or permitted to be made of the demised premises, or acts done, w hich will cause a cancellation of any insurance policy covering any building located on the premises, or any part of such building, nor shall Lessee sell, It, or permit to be kept, used, or sold, in or about the demised premises, any article that may be prohibited by the standard form of lire insurance policies. Lessee shall, at its sole cost, comply with all requirements of any insurance organization or company, necessary for the maintenance of insurance, as provided in this Agreement, covering any building and appurtenances at any time located on the demised premises 15. WASTE AND NUISANCE PROHIBITED asis During the term of this Agreement, Lessee shall comply with all applicable laws affecting the demised premises, the breach of which might result in any penalty on Lessor. Lessee shall not commit or allow to be committed, anv waste on the demised premises, or any nuisance. 16. INSURANCE i :11, A. Builder 's :.i k. At all times during the term of construction of the improvements on the demised premises by Lessee, Lessee shall maintain or cause to be maintained Builder ’s Risk Insurance and extended coverages fully insuring the work as it progresses against damage or loss. B. Property Insurance coverage of premises. Lessee shall, at all times during the term of this Agreement and at Lessee’s sole expense, keep the premises, including the arena and all improvements of any kind that arc now or hereafter a part of the premises, insured against loss or damage for full replacement value of the improvements, with loss payable to Lessor and Lessee as their interests may appear. Any loss adjustment shall require the written consent of both Lessor and Lessee. C. Comprehensive General liability insurance. Lessee shall maintain in effect throughout the term of this Agreement comprehensive general liability insurance with limits of not less than $2,000,000 per claim, and $5,000,000 for any number of claims arising out of a single occurrence. Such insurance shall specifically insure L cssee against all liability assumed by it under this Agreement, as well as liability imposed by law, and shall name Lessor as an additional insured. D. Lessor 's right to pay premiums on behalf of Lessee. All of the policies of insurance referred to in this section shall be written m a form satisfactory to Lessor and by insurance companies satisfactorv' to Lessor. Lessee shall pay all of the premiums for insurance and deliver policies, or certificates of policies, to Lessor. In the event of the failure of Lessee, cither to procure insurance as called for in this Agreement or to pay the premiums for the insurance or to deliver the policies, or certificates of the policies, to Lessor, Lessor shall be entitled, but shall have no obligation, to procure such insurance and pay the premiums for the insurance, whieh premiums shall be repayable to Lessor within 30 days. Failure to repay the same shall cany with it the same consequence as failure to pay any rental payment. Each insurer mentioned in this section shall agree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Lessor, that it will give to Lessor 30 days written notice before the policy or policies in question shall be altered or canceled. Lessor agrees that it will not unreasonably withhold its approval as to the form or to the insurance companies selected by Lessee. 17. INDEMNIFICATION OF LKSSOR Lessor shall not be liable for any loss, injury, death, or damage to persons or property that at any time may be suffered or sustained by Lessee or by any person who may at any time be using or occupying or visiting the demised premises or be in, on, or about the demised premises, or any person or entity acting on Lessee's behalf, including any contractor, subcontractor, laborer or material supplier providing services pursuant to Sections 7 and 8 herein, whether the loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, subtenant, visitor, or user of any portion of the premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth. Lessee shall detend, indemnify and hold Lessor harmless from any and all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. Lessee waives all claims against Lessor for damages to the building and improvements that are now on or hereafter placed or built on the premises and to the properly of Lessee in, on, or about the premises, and for injuries to persons or properly in or about the premises, from any cause arising at any lime. The two preceding sentences 4 shall not apply to loss, injur>\ death, or damage arising by reason of the negligence or misconduct of Lessor, its agents, or employees. 18. TAXES AND ASSESSMENTS A. Payment of Taxes. Lessee shall pay and discharge as they become due. promptly and before delinquency, all ta.xes, assessments, rates, charges, license fees, municipal liens, lev ies, excises, or imposts which may be levied, assessed, charged or imposed, or which may become a lien or charge on or against; (1) the demised premises. or any part of the demised premises; (2) the leasehold interest of Lessee in and under this Agreement; (3) any building or buildings, or any other improvements now existing or hereafter constructed on the demised premises: or (4) Lessee’s estate created by this Agreement. B. Contesting Taxes. If Lessee shall in good faith desire to contest the validity M amount of any tax, assessment, levy, or other governmental charge r.f < if« this section to be paid by Lessee, Lessee shall be permitted to do so, but only to the extent doing so in no way compromises the interests of Lessor. In the event Lessee desires to contest any such tax, assessment, levy, or charge. Lessee shall give to Lessor written notice thereof prior to the commencement of anv such contest, which shall be at least 90 days prior to delinquency. C. Disposition of Rebates. All rebates on account of any ta.xes, rates, levies. charges, or assessments required to be paid and paid by Lessee under the provisions of '/> \ r this Agreement shall belong to Lessee, and Lessor will, on the request of Lessee, execute any receipts, assignments, or other documents that may be necessary to secure the recover)- of any rebates, and will pay over to Lessee any rebates that may be received by Lessor relating to the demised premises. 19. UTILITIES Lessee shall fully and promptly pay for all water, gas, heat, light, power, telephone service, and other public or private utilities of every kind furnished to the premises through the term of this Agreement, and Lessor shall have no responsibility of any kind for anv such utilities. 20. SIDEWALKS AND STRKETS Lessee shall indemnify Lessor against all claims of the City of Orono or the County of Hennepin or any public authority, for compensation or damages from the use or occupation of or intrusion on any adjacent sidewalk or street by Lessee or by any employee, agent, invitee, or anyone acting under instruction or authority of Lessee. The rights of Lessee under this Agreement shall be subject to such present and future ordinances or regulations or laws as may be made by the City of Orono, the County of Hennepin, the Stale of Minnesota, or any other public authority having jurisdiction. 21. PROHIBITION OF SUBLEASING. ENCUIMBRANCES OR ASSIGNMENT: EFFECT OF BANKRUPTCY i 4 A. Prohibition of Voluntary Assignment. Lessee shall not assign, transfer. sublet, mortgage, or encumber its interest under this Agreement, or any buildings or fixtures constructed on the demised premises, or the demised premises itself, without the prior written consent of Lessor, which consent may be withheld for any reason at Lessor’s sole discretion. B. Prohibition of involuntary assignment. Neither this Agreement nor the leasehold estate of Lessee nor any interest of Lessee under this Agreement in the demised premises or in the building or improvement on the demised premises shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatsoever. Any attempt at involuntar>' assignment, transfer, or sale shall be void and of no effect. C. Effect of bankruptcy. Without limiting the generality of the provisions of the preceding paragraph of this section. Lessee agrees that in the event any proceedings under the Bankruptcy Act or any amendment to the act be commenced by or against Lessee, and, if against Lessee, the proceedings shall not be dismissed before either an adjudication in bankruptcy or the confirmation of a composition, arrangement, or plan or reorganization, or in the event Lessee is adjudged insolvent or makes an assignment for the benefit of its creditors, or if a receiver is appointed in any proceeding or action to which Lc*<sce is a parly, with authority to lake possession or control of the demised premises or the business conducted on the premises by Lessee, and such receiver is not 20 C 4 discharged within a period of 60 days after his or her appointment, any such event or any involuntary assignment prohibited by the pro\ isions of the preceding paragraph of this section shall be deemed to constitute a breach of this Agreement by Lessee and shall, at the election of Lessor, but not otherwise, without notice or entry or other action of Lessor, terminate this Agreement and also all rights of Lessee under this Agreement and in and to the demised premises and also all rights of any and all persons claiming under Lessee. 22. EFFECT OF EMINENT DOMAIN A. Effect of total condemnation. In the event the entire demised premises shall be appropriated or taken under the power of eminent domain by any public or quasi public authority, including Lessor as a Minnesota School District, this Agreement shall terminate and expire as of the date of such taking, and Lessee shall then be released from any liability thereafter accruing under this Agreement. B. Effect of partial condemnation. In the event a portion of the demised premises shall be so appropriated or taken and the remainder of the property shall not be suitable for the use then being made of the property by Lessee, or if the remainder of the property is not one undivided parcel of property. Lessee shall have the right to terminate this Agreement as of the date of the taking on giving to Lessor written notice of termination within 90 days alter Lessor has notified Lessee in w-riting that the property has been so appropriated or taken. 21 C. Condemnation award. In the event of the termination of this Agreement by reason of the total or partial taking of the premises by eminent domain, then in any such condemnation proceedings. Lessor and Lessee shall be free to make claim against the condemning or taking authority for the amount of any damage done to them, respectively, as a result of the condemnation or taking. 23. HAZARDOUS MATKRIAl.S To the best of Lessor's knowledge, no toxic or hazardous substances have been generated, treated, stored, released or disposed of, or otherwise deposited in or located upon the premises described in Section 1 of this Agreement. 24. NOTICES All notices, demands, or other writings in this Agreement provided to be given or made or sent, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: TO LESSOR:Superintendent Independent School District No. 278 Box 46 685 Old Crystal Bay Road Long Lake, MN 55356 TO LESSEE: President Orono Ice Arena, Inc. Box 205 Long Lake, MN 55356 Ir* * V’ “t—.— — —_________J The address to which any notice, demand, or other w riting may be gi ven or made or sent to any party as above provided may be changed by written notice given by such party as above provided. 25. NOTICE OF PEFAIJI T Lessee shall not be deemed to be in default under this Agreement in the payment of rent or the payment of any other moneys as required or in the furnishing of any bond oi insurance policy when required in this Agreement unless Lessor shall first give to Lessee 90 days written notice ot the default and Lessee fails to cure the default w ithin 90 days. Except as to the provisions or events referred to in the preceding paragraph of this section. Lessee shall not be deemed to be in default under this Agreement unless Lessor shall first give to Lessee 90 days written notice of the default, and Lessee fails to cure the default within the 90-day period, or, if the default is of such a nature that it cannot be cured within 90 days, Lessee tails to commence to cure the default within the period of 90 days or fails thereafter to proceed to the curing of the default with all possible dilig 26. DEFAULT ence. In the event ol any breach of the Agreement by Lessee, and after the notice and time periods set forth in Section 25. Le.ssor, in addition to the other rights c cmedies it may have, shall have the immediate right of re-entry and may remove all p.rso.i and property from the demised premises. The property may be removed and stored in a public warehouse or elsew here at the cost and for the account of Lessee. Should Lessor elect to re-enter, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law. Lessor may either terminate this Agreement or it may. from time to time, and without terminating this Agreement, re-let the demised premises. including all buildings and improvements then existing thereon, or any part of the demised premises for such term or terms (which may be for a term extending beyond the term of this Agreement) and at such rental or rentals and on such other terms and conditions as Lessor in the sole discretion of Lessor may deem advisable with the right to make alterations and repairs to the demised premises. On each re-lctting Lessee shall be immediately liable to pay to Lessor, in addition to any indebtedness other than rent due under this Agreement, the expenses of re-letting and of making such alterations and repairs, incurred by Lessor, and the amount, if any, by which the rent rcser\ ed in this Agreement for the period of re-letting (up to but not beyond the term of this Agreement) exceeds the amount agreed to be paid as rent for the demised premises for the period on re-letting. No re-entry or taking possession of the demised premises by Lessor shall be construed as an election on the part of Lessor to terminate this Agreement unless a written notice of such intention is given to Lessee. In spite of any re-Ietting without termination. Lc.ssor may at any time therealler elect to terminate this Agreement for sueh previous breach. Should Lessor at any time terminate this Agreement for any breach, in addition to any other remedy it may have, Lessor may recover from Lessee all damages incurred 24 by reason of the breach, including the cost of recovering the demised premises, and including the worth at the time of termination of the excess, if any, of the amount of rent and charges equivalent to rent reserv'ed in this Agreement for the remainder of the stated term over the then reasonable rental value of the demised premises for the remainder of the stated term, all of w hich amounts shall be immediately due and payable from Lessee to Lessor. 27. RKMEDIES CUMULATIVE All remedies conferred on Lessor in this Agreement shall be deemed cumulative and no one exclusive of the other, or of any other remedy conferred by law. 28. WAIVER The waiver of the Lessor of, or the failure of Lessor to take action with respect to any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition contained in this Agreement. The subsequent acceptance of rent under this Agreement by Lessor shall not be deemed to be a waiver of any preceding breach of Lessee of any term, covenant, or condition of this Agreement, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor’s knowledge ofa preceding breach at the lime of acceptance of rent. 25 29. PARTIES BOUND The covenants and conditions contained in this Agreement shall, subject to the provisions as to assignment, transfer, and subletting, apply to and bind the heirs. successors, executors, administrators, and assigns of all of the parties to the Agreement. 30. TIME OF THE ESSENCE Time is of the essence of this Agreement, and of each and every covenant, term. condition, and provision of this Agreement. 31. SECTION CAPTIONS The captions appearing after the section number designations of this Agreement for are convenience only and are not a part of this Agreement and do not m any way limit or amplify the terms and provisions of this Aerecmcnt. 32. CONSTRUCTION OF AGREEMENT It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota. It is further agreed that both parties have participated in the drafting of this Agreement, by and through their respective legal counsel, and that the rule of construction that ambicuities in such aureements will be construed against the drafter will have no application in any interpretation or construction of this Agreement or the parties rights and responsibilities hereunder. i Mtftltiiflfra [fJiBTlTi •nui IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. LESSOR:LESSEE: Independent School District No. 278, an Independent School District and political subdivision under the laws of tffe State of Mimie^ota BY: ITS: AND BY ITS: This instrument was drafted bv: Paul C. Ratwik Ratwik, Roszak & Maloney, P.A. 300 Peavey Building 730 Second Avenue South Minneapolis, MN 55402 RRM;«l573l/sld Orono Ice Arena, Inc. a non-profit corporation organized and existing under the laws of the State of Minnesota / BY: / ITS: AND T/L cAJu/L^ ^ 28 EXHIBIT A The east 430 feet of that part of the Northeast 1/4 of the Southwest 1/4 lying south of County Road No. 6, excluding road. Section 28, Township 118, Range 23, Hennepin County, Minnesota CERTIFICATE OF PROJECT COSTS AMD SOURCES OF FUNDS OROMO ICE ARENA Total Project Costs (with no phasing or deferral of any items) Kraus Anderson hard costs Architects and engineers Testing and surveying Landscaping and fencing Ice equipment, boards and rubber flooring Ice resurfacer Bleachers Sound system Miscellaneous equipment and installations Legal fees Publicity and fundraising Governmental permits and fees Operating reserve Sources of Funds Cash on hand School District payment Mighty Ducks grant Eq*'ipnent financing Project costs paid pledges Guaranties $1,900,000 142,000 10,000 45,000 459,400 75,000 15,000 10,000 15,000 3,500 5,000 120,000 100.000 $2,899,900 $ 460,000 175.000 100.000 250.000 115.000 800.000 700^000 $2,600,000 I*lE 'Vi- } -k * ft-m;-v tir^ fl^ !?l< [f' M. -ff Percentage of total project costs covered:89.7 Certified as true and correct as of October 25, 1996, by Orono Ice Arena, Inc. By. Its President -2- I \Ocr Nu, REQUEST FOR COUNCIL ACTION ^ ^ DATE: October ITEM NO.: V-.'s. I>epartineiit Approval: Name Michael P. Caffron Title Asst. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2135 Edna Albee Estate, 1575 Long Lake Blvd. - Variances - Resolution Zoning District: LR-IA, Single Family Lakeshore Residential, 2 acre, unsewered. Application: Request fo: lake setback, average lakeshore setback, street setback, 0-75’ hardcover and bluff impac* zone variances for construction of additions to existing residence. List of Exhibits A - Resolution B - Notice of Council Action 9/23/96 C - Hedlund Cancellation of Purchase Agreement D - Staff Memo 9/19/96 with Exhibits This item was tabled at Council’s September 23rd meeting at the request of the applicants. Since that time, Nancy Gawron. representative of the estate, has provided documentation that the Hedlunds are no longer involved with the request, hence the Hedlunds no longer appear on the proposed resolution. However, the estate advises they are in agreement with the provisions and conditions of that resolution, and wish Council to go ahead with review and approval. For background on this application, please review the staff memo and exhibits of September 19th. Staff Recommendation Staff recommends approval per the Planning Commission recommendation as outlined in the September 19th memo. A resolution reflecting the findings and conditions of the Planning Commission is attached for Council consideration. Options for Action 1. Approve per attached resolution. 2. Approve with revisions. *11 _____________________________ Request for Council Action continued Page 2 of 2 October 22. 1996 Zoning File ^2135 3. Table for further information. Conceptual denial 5.Other. COUNCIL ACTION REQUESTED: Motion to approve attached resolution or lake other appropriate action , seconded by , to adopt ResolutionProposed Motion: Moved by _______ tt granting variances for street setback, average lakeshore setback, lake setback, hardcover and work in bluff impact zone for the Edna Albee Estate property at 1575 Long Lake Blvd. Vote: _____ayes,______nays. 1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISIONS 1 AND 2; 10.23, SUBDIVISION 6(B); 10.55, SUBDIVISION 8; AND 10.56, SUBDIVISIONS 16(C), (J) AND (L) FILE U2135 WHEREAS, Edna Albee Estate (hereinafter "the applicant") is the owner of the property located at 1575 Long Lake Blvd. within the City of Orono (hereinafter "City") and legally described as follows; Lots 13. 14, 15 and the west half of Lot 16, Albee's Long Lake Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has app ’ied to the City for a variance to Municipal Zoning Code Section 10.23. Subdivision 6(B) to allow a street setback of 8' for a house and attached garage where a 50' street setback is normally required; and a variance to Sections 10.22, Subdivision 2. 10.55, Subdivision 8, and 10.56, Subdivision 16(C) and 16(L) to allow additional structure and hardco\er to be constructed in the 0-75' lakeshore setback zone where no structure or hardcover is nonvally allowed; and a variance to Section 10.56, Subdivision 16(C) to allow additional construv... n as near as 49' to the shoreline of a Recreational Development lake where a 100' lake setback for structures is normally required; and a variance to Sections 10.22. Subdivision 1(B) and 10.56, Subdivision 16(C) to allow encroachment of the average lakeshore setback where no such encroachment is normally allowed; and variances to Section 10.56, Subdivisions 16(C) and 16(J) to allow structures, filling and excavating within the bluff impact zone where no structures, filling or excavating is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 9 FINDINGS 1. 2. 3. This application was reviewed as Zoning File #2135. Th. property is located in the LR-IA, Single Fantily Lakeshore Residential Zoning District. The Orono Planning Contmission originally reviewed 1996 and reviewed revisions to the application on July ’ of 5 to 1 recommended approval of the proposal as revised based upon the following findings; A Factors which make this a difficult lot in terms of developrnent include steep topography, shallow lot depth between street arid lake leaving virtLly'^no conforming building envelope, and the location of the existing house almost entirely within the 0-75' lakeshore setback none. B Replacement of the existing detached garage which encroaches 0.2' into the^right-of-way. with an attached garage located 8 from the right-o - way, is a positive improvement to the neighborhood. c The proposed location of the main portions of the house approximatdy 30' from the street lot line is not inconsistent with other houses in th neighborhood on the lake side of r-ong .ake Boulevard. tne^xisting house and the undesirability of constructing additions on the south side of the house, justifies granting of the variance for additions o the north side of the house away from th lake. D Tbe proposed second story additions and attached garage addition are modest I scope and do not yield a residence structure that is out of character for this lot in this neighborhood. E Neither adjacent lakeshore lot will have existing lake views encroached ■ upon by the proposed additions, hence the average lakeshore setback variance will have no impact on those properties. Page 2 of 9 F. G. H. I. While the second storv addition and additions to the north side of the 0 house are substantially within the 0-75’ lakeshore setback zone, thosem additions will not create any new rooms or walls closer to the lake than the footprint of the existing house, and the proposed plans yield a residence with a two stor>' facade on the lake side and a one story facade on the street side, thus limiting the visual impact of the addition in the 0-75’ zone. While a small portion of the property is defined as bluff and work is proposed in the bluff impact zone, the visual impact of such work will not be substantially ditferent from the existing visual impact, and grading, drainage and erosion controls must be addressed suitably before the City will issue building permits. Because the property will potentially be provided with municipal sewer within one to two years, it is reasonable to allow conversion of the existing non-conforming septic system to a holding tank system subject to a piunping contract being provided to the City. Funher, the fact that there is a suitable drainfield site thai could accommodate primary and alternate drainfield systems for a two bedroom home, suggests that the residence should not increase above the level of two bedrooms until such time tht t municipal sewer is available to the property. A covenant with such a restriction, and design revisions to eliminate a closet in the den and remove the south wall of the den if not a bearing wall, are reasonable conditions to protect the City and the future property owners should sewer not be provided to the property. Existing hardcover in the 0-75' zone is 1,195 s.f. or 6.79%. The proposed 10 s.f. reduction to 1.185 s.f in the 0-75' zone, coupled with an increase in 75-250’ zone hardcover from 887 s.f. to 1,467 s.f results in a total hardcover on the property of 2,652 s.f This is less than the 25% hardcover allowance for the property in th'' 75-250’ zone of 2,724 s.f, hence while a portion of the hardcover is in the 0-75’ zone, overall hardcover on the property will remain at a Justifiable level. Page 3 of 9 4. 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. 5. 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 jx)se a fire hazard or other danger to neighboring property; would not merely ser\e as a convenience to the applicant, but is necessai^' 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10,23, Subdivision 6(B) to allow a street setback of 8' for a house and attached garage where a 50' street setback is normally required; and a variance to Sections 10.22. Subdivision 2, 10.55, Subdivision 8. and 10.56, Subdivision 16(C) and 16(L) to allow additional structute and hardcover to he constructed in the 0-75' lakeshore setback zone where no st. .icture or hardcover is normally allowed; and a variance to Section 10.56, Subdivision 16(C) to allow additional construction as near as 49' to the shoreline of a Recreational Development lake where a 100' lake setback for structures is normally required; and a variance to Sections 10.22. Subdivision 1(B) and 10.56, Subdivision 16(C) to allow encroachment of the average lakeshore setback where no such encroach-’-.cm is normally allowed; and variances to Sections 1C.56. Subdivision 16 (C) and 16(J) to allow structures, filling and excavating within the bluff impact zone where no structures, filling or excavating is normally allowed, subject to the following conditions: 1.Any future revisions to the approved site plan which increase the degree or magnitude of variances required or in the opinion of City staff con.stitute substantial changes from the intent of this approval, shall subject the application to furll'cr Citv review. Page 4 of 9 2.Hardcover in the 0-75' zone shall not exceed 1,185 s.f. as shown on the site plan and hardcover calculations attached as Exhibit A. Hardcover in the 75-250' zone shall not exceed 1.467 s.f. as indicated on Exhibit A. All hardcover removals necessar>' to reach these approved hardcover levels shall be completed prior to footing inspection for the new construction. The applicant is advised that any future additions of hardcover on the property which result in hardcover additions in the 0-75' zone will not be approved. Further, any hardcover additions proposed in the 75-250' zone which yield a total hardcover on the property in excess of 2,724 s.f will likely not be approved, but might be approved only in conjunction with the concurrent removal of pre-existing hardcover on the property, resulting in no net hardcover increase or net decrease in hardcover. 3.Applicant shall provide detailed retaining wall plans prior to issuance of a building permit, subject to the requirements set forth by the City Engineer in his letter dated September 19. 1996. 4.Prior to the filing of this variance resolution, applicant shall provide to the City a restrictive covenant drafted by the applicant or applicant's anome ’ and meeting the approval of the City Attorney, restricting the property from use as a three or more bedroom home until such time that City sewer has been installed to the property. 5.No building permit shall be issued for remodeling or additions to the property until the applicant has completed the following: A. Converted the existing septic system to a holding tank system subject to approval of the City. .B. Provided the City with a signed pumping contract for regular mainienance of the holding tank system. C.Provided detailed construction plans clearly showing only two bedrooms in the house, which aiay require revisions to the plans submitted for this application, i.'icluding eliu.'nation of the closet in the den and removal of the south wall of the den if it is not a bearing wall. Page 5 of 9 7. 8 Authorities granted by this variance ran tsith the property net with the appH^n'. C,rr^lissive only and must be exercised by applicahon for a butld.ng plTwX one year'of the date of Council approval, or th,s vartance wall expire on that date (September 23, 1997). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning cod^ as a terminate any authority granted herein, and shall be pumshable as misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms If thU rStrand on behalf of themselves, their heira, ^™rs and assilll Leby agr« to the recording of this resolution in the chain of title ot the pro-erty. Adopted by the Orono City Council on this 28th day of October, 1996. ATTEST; Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) Page 6 of 9 i 1 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of October, 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 7 of 9 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. #2135 NOTICE OF COUNCIL ACTION Date of Notice: September 24, 1996 TO:Nancy Gawron 920 Dakota Avenue Long Lake, MN 55356 COPIES; Susan Albee 6871 Nez Perce Drive Ch2inhassen, MN 55317 TYPE OF APPLICATION: Variances DATE OF MEETING: 09/23/96 VOTE: 4 FOR 0 AGAINST COUNCIL ACTION - MOTION: Tabled at applicant ’s request. 1 his item will be rescheduled for the October 28 Council meeting (no Zoning items will be scheduled for the October 14 meeting due to a Highway 12 public information meeting that night). If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. Please contact City staff at 473-7357 if you have any questions. IsillSiil R L. A I I -V CANCELLATION OF PURCHASE AGREEMENT T)vt torm appiaMd by Uia MinnmaU AttocUlion ol REAUOnS*; MinoMoU Anocialion ol REACTORS* diadainit any (ability out ol usa or mlausa ol thia tofiA. 1. Date t K iliL2. Tba undersigned hereby agree that a Purchase Agreement dated__________ 1 relating to the property at ____^ 4. ___________________________________________________________—----— 5. Is hereby cancelled and terminated. The Earnest Money in connection with said agreement is to be: 6. J^EFUNDED TO BUYERS 7. GRETAINED BY SELLERS a □OTHER 9 and Buyer releases all rights in the properly. Seller has no further obligation to sell under said agreement nor Buyer 10. to purchase. 11. EARNEST MONEY CHECK(S) SHALL BE MAILED TO: 12. Name: ia Street:fyJ “22^/un \T 14. Gly/Slate/Zip: %u% /\ /fOeael' (OMI !•«•••*« / V By: J::ht 0m] (Stmq Mgm) 19. MNCrA(VB8)t2J REQUEST FOR COUNCIL ACTION DATE: September 19, 1996 ITEM NO.: ^_______ Department Approval: Name Michael P. GafTron Title Assistant Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2135 Paul & Sue Hedlund / Edna Albee Estate, 1575 Long Lake Boulevard - Variances - Resolution Zoning District: LR-IA, Single Family Lakeshore Residential, 2 Acre, Unsewered Application: Request for lake setback, average lakeshore setback, street setback, 0-75' hardcover and bluff impact zone variances for construction of additions to existing residence. List of Exhibits A - Resolution B - Notice of Planning Commission Action 7/17/96 C - Planning Commission Minutes 7/15/96 D - Grading/Site Plan E - City Engineer Comments F - Memo and Exhibits of Julv 11, 1996 Discussion Please review the memo and exhibits of July 11. Briefly, applicants are proposing to construct a second story addition above the existing house as well as a two story addition on the street side of the house, including an attached garage. The existing house and a majority of the additions are within the 0-75' lakeshore setback zone. The closest point of the existing house is 49' from the shoreline. The request involves replacing the existing detached garage (which is 0.2' into the street right- of-way) with an attached garage setback 8' from the street lot line. The initial proposal requested a variance fo*" me new garage to also encroach into the required 30' east side setback, but that plan was revised so that no side setback variance is required. Hardcover in the 0-75' zone will decrease from 1,195 s.f. to 1,185 s.f. Flardcover in the 75- 250' zone will increase from 887 s.f. to 1,467 s.f. The net result is an increase in total hardcover on the property from 2,082 s.f. to 2,652 s.f. The original proposal reviewed by Planning Commission in May had been for 3,063 s.f. overall, however. Planning Commission had indicated that the overall hardcover on the property should be kept at a level equivalent to or less than the 75-250' zone 25% allowance for this property of 2,724 s.f. The current proposal meets that criteria. Request for Council Action continued Page 2 September 19, 1996 Zoning File #2135 Paul and Sue Hedlund/Edna Albee Estate, 1575 T-ong Lake Boulevard The west end of the existing house is technically defined as a bluff area, although the east end is not a bluff. Applicants have provided a grading plan indicating how the revised driveway grading and retaining walls at the northwest comer of the house will be constructed to eliminate erosion concerns. Septic/Sewer Proposal The property currently contains a septic system considered to be non-conforming. A site exists on the property, that would accomodate primaiy and alternate drainfields to serve a 2-bedroom house, but there is not quite enough area for an alternate site if the system is built serve 3 bedrooms. Because this is in one of the sewer "hot spots", the applicants propose a multi faceted approach to dealing with the septic system issue, including; that the additions and remodeling be allowed at this time but limited to two bedrooms. that the existing septic tanks be disconnected from the drainfield (if one exists) and be converted to a holding tank system. that ihe owner will supply the City with a fully executed pumping contract from a licensed contractor. that the owner will draft and record a restrictive covenant on the property that will not allow the property to become a three bedroom home until City sewer has been approved and been installed to the property. After much discussion, Planning Commission agreed to this, subject to design revisions to eliminate the closet in the den, and remove the south wall of the den if it is not a bearing wall. Planning Commission felt, and staff agrees, that these restrictions are reasonable and protect both the property owner and the City whether or not municipal sewer is provided to this neighborhood. Planning Commission Recommendation At their July 15 meeting. Planning Commission voted 5 to 1 to recommend approval of the revised proposal, subject to the septic system conversion to holding tank system with a pumping contract, subject to the two bedroom restriction via a covenant and subject to design changes, and subject to submittal of a detailed site grading plan for City approval, which has been reviewed and conditionally accepted by the City Engineer. Planning Commission based their approval on the following findings: i Request for Council Action continued Page 3 September 19, 1996 Zoning File #2135 Paul and Sue Kedlund/Edna Albee Estate, 1575 Long Lake Boulevard 1. 4. 5. 6. 7. 8. Factors which make this a difficult lot in terms of development include steep topography, shallow lot depth between street and lake leaving virtually no conforming building envelope, and the location of the existing house almost entirely within the 0-75' lakeshore setback zone. Replacement of the existing detached garage which encroaches 0.2' into the right-of-way, with an attached garage located 8' from the right-of-way, is a positive improvement to the neighborhood. The proposed location of the main portions of the house approximately 30' from the street lot line is not inconsistent with other houses in the neighborhood on the lake side of Long Lake Boulevard. The location of the existing house and the undesirability of constructing additions on the south side of the house, justifies granting of the variance for additions on the north side of the house avvav from the lake. The proposed second story additions and attached garage addition are modest in scope and do not yield a residence structure that is out of character for this lot in this neighborhood. Neither adjacent lakeshore lot will have existing lake views encroached upon by the proposed additions, hence the average lakeshore setback variance will have no impact on those properties. While the second story addition and additions to the north side of the house are substantially within the 0-75' lakeshore setback zone, those additions will not create any new rooms or walls closer to the lake than the footprint of the existing house, and the proposed plans yield a residence with a two story facade on the lake side and a one story facade on the street side, thus limiting the visual impact of the additions in the 0-75' zone. While a small portion of the property is defined as bluff and work is proposed in the bluff impact zone, the visual impact of such work will not be substantially different from the existing visual impact, and grading, drainage and erosion controls must be addressed suitably before the City will issue building permits. Because the property will potentially be provided with municipal sewer within one to two years, it is reasonable to allow conversion of the existing non- conforming septic system to a holding tank system subject to a pumping contract being provided to the City. Further, the fact that there is a suitable drainfield site that could accommodate primary and alternate drainfield systems for a two bedroom home, suggests that the residence should not increase above the level Request for Council Action continued Page 4September 19, 1996Zoning File #2135 Paul and Sue Hedlund/Edna Albee Estate, 1575 Long Lake Boulevard 9. of two bedrooms until such time that municipal sewer is available to the propertj’. A covenant with such a restriction, and design revisions to eliminate a closet in the den and remove the south wall of the den if not a bearing wall, are reasonable conditions to protect the City and the future property owners should sewer not be provided to the property. Existing hardcover in the 0-75’ zone is 1,195 s.f. or 6.79%. The proposed 10 s.f reduction to 1,185 s.f in the 0-75' zone, coupled with an increase in 75-250' zone hardcover from 887 s.f to 1,467 s.f results in a total hardcover on the property of 2,652 s.f This is less than the 25% hardcover allowance for the property in the 75-250’ zone of 2,724 s.f, hence while a portion of the hardcover is in the 0-75' zone, overall hardcover on the property will remain at a justifiable level. Staff Recommendation Staff recommends approval per the Planning Commission recommendation. A resolution reflecting the findings and conditions of the Planning Commission is attached for Council consideration. Options for Action 1. Approve per attached resolution. 2. Approve with revisions. 3. Table for further information. 4. Conceptual denial. 5.Other. COUNCIL ACTION REQUESTED: Motion to approve attached resolution or take other appropriate action. PROPOSED MOTION: Moved by____, seconded by____, to adopt Resolution No.____ granting variances for street setback, average lakeshore setback, lake setback, hardcover and work in bluff impact zone for the Edna Albee Estate property at 1575 Long Lake Boulevard. Vote: ____ayes,_____nays. r A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISIONS 1 AND 2; 10.23, SUBDIVISION 6(B); 10.55, SUBDIVISION 8; AND 10.56, SUBDIVISIONS 16(C), (J) AND (L) FILE #2135 WHEREAS, Paul and Sue Medlund have an interest in, and Edna Albee Estate (hereinafter "the owner") is the owner of the property located at 1575 Long Lake Blvd. within the City of Orono (hereinafter "City") and legally described as follows: Lots 13, 14, 15 and the west half of Lot 16, Albee’s Long Lake Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the owners have applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6(B) to allow a street setback of 8' for a house and attached garage where a 50’ street setback is normally required; and a variance to Sections 10.22, Subdivision 2, 10.55, Subdivision 8, and 10.56, Subdivision 16(C) and 16(L) to allow additional structure and hardcover to be con.structed in the 0-75' lakeshore setback zone where no structure or hardcover is normally allowed; and a variance to Section 10.56, Subdivision 16(C) to allow additional construction as near as 49' to the shoreline of a Recreational Development lake where a 100' lake setback for structures is normally required; and a variance to Sections 10.22, Subdivision 1(B) and 10.56, Subdivision 16(C) to allow encroachment of the average lakeshore setback where no such encroachment is normally allowed; and variances to Section 10.56, Subdivisions 16(C) and 16(J) to allow structures, filling and excavating within the bluff impact zone where no structures, filling or excavating is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 9 1. 2. 3. FINDINGS This application was reviewed as Zoning File #2135. The property is located in the LR-IA, Single Family Lakeshore Residential Zoning District. The Orono Planning Commission originally reviewed this application on May 20, 1996 and reviewed revisions to the application on July 15, 1996, and on i vote of 5 to I recommended approval of the proposal as revised based upon the following findings: A. B. C. D. E. Factors which make this a difficult lot in terms of development include steep topography, shallow lot depth between street and lake leaving virtually no conforming building envelope, and the location of the existing house almost entirely within the 0-75' lakeshore setback zone. Replacement of the existing detached garage which encroaches 0.2' into the right-of-way, with an attached garage located 8' from the right-of- way, is a positive improvement to the neighborhood. The proposed location of the main portions of the house approximately 30' from the street lot line is not inconsistent with other houses in the neighborhood on the lake side of Long Lake Boulevard. The location of the existing house and the undesirability of constructing additions on the south side of the house, justifies granting of the variance for additions on the north side of the house away from the lake. The proposed second story additions and attached garage addition are modest in scope and do not yield a residence structure that is out of character for this lot in this neighborhood. Neither adjacent lakeshore lot will have existing lake views encroached upon by the proposed additions, hence the average lakeshore setback variance will have no impact on those properties. Page 2 of 9 F. I. While the second story addition and additions to the north side of the house are substantially within the 0-75' lakeshore setback zone, those additions will not create any new rooms or walls closer to the lake than the footprint of the existing house, and the proposed plans yield a residence with a two story facade on the lake side and a one story facade on the street side, thus limiting the visual impact of the addition in the 0-75' zone. While a small portion of the property is defined as bluff and work is proposed in the bluff impact zone, the visual impact of such work will not be substantially difTerent from the existing visual impact, and grading, drainage and erosion controls must be addressed suitably before the City will issue building permits. Because the property will potentially be provided with municipal sewer within one to two years, it is reasonable to allow conversion of the existing non-conforming septic system to a holding tank system subject to a pumping contract being provided to the City. Further, the fact that there is a suitable drainfield site that could accommodate primar>’ and alternate drainfield systems for a two bedroom home, suggests that the residence should not increase above the level of two bedrooms until such time that municipal sewer is available to the property. A covenant with such a restriction, and design revisions to eliminate a closet in the den and remove the south wall of the den if not a bearing wall, are reasonable conditions to protect the City and the future property owners should sew'er not be provided to the property. Existing hardcover in the 0-75’ zone is 1,195 s.f. or 6.79%. The proposed 10 s.f. reduction to 1,185 s.f. in the 0-75' zone, coupled with an increase in 75-250’ zone hardcover from 887 s.f. to 1,467 s.f. results in a total hardcover on the property of 2,652 s.f. This is less than the 25% hardcover allowance for the property in the 75-250' zone of 2,724 s.f, hence while a portion of the hardcover is in the 0-75' zone, overall hardcover on the property will remain at a justifiable level. i Page 3 of 9 The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and t!ic effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar td 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensi-/e Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.23, Subdivision 6(B) to allow a street setback of 8' for a house and attached garage where a 50' street setback is normally required; and a variance to Sections 10.22, Subdivision 2, 10.55, Subdivision 8, and 10.56, Subdivision 16(C) and 16(L) to allow additional structure and hardcover to be constructed in the 0-75' lakeshore setback zone where no stnicture or hardcover is normally allowed; and a variance to Section 10.56, Subdivision 16(C) to allow additional construction as near as 49' to the shoreline of a Recreational Development lake where a 100' lake setback for structures is normally required; and a variance to Sections 10.22, Subdivision 1(B) and 10.56, Subdivision 16(C) to allow encroachment of the average lakeshore setback where no such encroachment is normally allowed; and variances to Sections 10.56, Subdivision 16 (C) and 16(J) to allow structures, filling and excavating within the bluff impact zone where no stmciures, filling or excavating is normally allowed, subject to the following conditions; 1.Any future revisions to the approved site plan which increase the degree or magnitude of variances required or in the opinion of City staff constitute substantial changes from the intent of this approval, shall subject the application to further City review. Page 4 of 9 2. 5. Hardcover in the 0-75' zone shall not exceed 1,185 s.f. as shown on the site plan and hardcover calculations attached as Exhibit A. Hardcover in the 75-250' zone shall not exceed 1,467 s.f. as indicated on Exhibit A. All hardcover removals necessary to reach these approved hardcover levels shall be completed prior to footing inspection for the new construction. The owner is advised that any future additions of hardcover on the property which result in hardcover additions ih the 0-75' zone will not be approved. Further, any hardcover additions proposed in the 75-250' zone which yield a total hardcover on the propert>' in excess of 2,724 s.f will likely not be approved, but might be approved only in conjunction with the concurrent removal of pre-existing hardcover on the property, resulting in no net hardcover increase or net decrease in hardcover. Owners shall provide detailed retaining wall plans prior to issuance of a building permit, subject to the requirements set forth by the City Engineer in his letter dated September 19, 1996. Prior to the filing of this variance resolution, owners shall provide to the City a restrictive covenant drafted by the owner or owner's attorney and meeting the approval of the City Attorney, restricting the property from use as a three or more bedroom home until such time that City sewer has been installed to the property. No building permit shall be issued for remodeling or additions to the property until the owners have completed the following; A.Converted the existing septic system to a holding tank system subject to approval of the City. B.Provided the City wPh a signed pumping contract for regular maintenance of the holding tank system. C.Provided detailed construction plans clearly showing only two bedrooms in the house, which may require revisions to the plans submitted for this application, including elimination of the closet in the den and removal of the south wall of the den if it is not a bearing wall. Page 5 of 9 6. 7. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building jDermit within one year of the date of Council approval, or this variance will expire on that date (September 23, 1997). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. ATTEST: Adopted by the Orono City Council on this 23th day of September, 1996. Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) Page 6 of 9 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 23th day of September, 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.i Notary Public Page 7 of 9 -,1S—j-f CITY OF ORONO P.O. Box 66 CnstaIBay,MN 55323 473-7357 ZONING FILE #2135 NOTICE OF PLANNING COMNnSSION ACTION DATE OF NOTICE: July 17, 1996 TO: Paul & Sue Hedlund 1202 W. 22nd St. Mpls.,MN 55405 COPIES TO:Nancv Gawron 920 Dakota Ave. Long Lake, MN 55356 Susan Albee 6871 Nez Perce Dr. Chanhassen, MN 55317 JetT Martineau Burnet Realty 315 East Lake St. Wayzata.MN 55391 TYPE OF APPLICATION:Variances DATE OF MEETING: 7/15/96 VOTE:5 FOR 1 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Motion was to recommend approval of proposal as revised by owners, including; 8’ street setback for attached garage Side setback variance no longer required Hardcover per revised plan Average setback variance Lake setback variance Variance for work in bluff impact zone Conversion to holding tank system with pumping contract Covenant with 2-bedroom restriction (subject to design revisions to eliminate closet in den, and remove south wall of den if not a bearing wall) Submittal of detailed site grading plan for City approval prior to Council action. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the August 12th Council meeting is August 2nd. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. MINUTES OF THE ORONO PLANNING COMMISSION iliV- . MEETING HELD ON JULY 15. 1996 (W) «I35 PAUL AND SUE HEDLUND/EDNA ALBEE ESTATE, 1575 LONG LAKL BOULEVARD - VARIANCES - CONTINUATION OF PUBLIC IIEARLNG 7:lS-7:54 P.M. Members of the Edna Albee family were present, along with Burnet Realtor, Jeff Martineau Gafffon recalled the application being before the Commission at their May meeting for a proposed addition to the structure to include removal of a detached garage, a new attached garage, an addition, a second story addition, and driveway There are concerns over hardcover excess, the placement of the garage to the street and side of the property, and the septic/sewer situation. Gaffron said the proposed buyers of the property, the Hedlunds, are currently not pursuing the application, but the property owners would like to continue with the application in order to determine what can be done with the property. Gaffron continued in reporting on the hardcover, which will decrease from the existing 1195 s.f to 1185 s f, rather than the originally proposed increase to 1280 s.f Hardcover in the 75-250' zone will increase from 887 s.f to 1467 s.f, rather than to 1783 s.f as oriffif’ally proposed The net hardcover results in an increase from 2082 s.f to 2652 s.f rather th an to '063 s f as originally proposed This would be equivalent to the 25% allowed in the 75-250' setback The garage, now proposed at 34' from the side lot line, w'lil now meet the required 30' side setback This re\ ised proposal moves the garage to a location 8' from the street property line and out of the public right-of-way, rather than 1' from the line as originally proposed. Gaffron said the applicants ask to rehab the house to no more than 2 bedrooms. The existing septic tanks will be disconnected from the drainfield and a ftiUy executed pumping contract from a licensed contractor will be supplied to the City. The owner will also draft and record a restrictive covenant on the chain of title for the property stating a 3rd bedroom would not be allowed until City sewer has been obtained and installed The closet in the main floor den must be walled otT, which will incur the need for a building permit if it is rebuilt to create a third bedroom GaftVon noted that the e.xisting septic tank may only need a plug for the outlet, w hich would result in a minimal cost. If no sealed tank is found when inspected, however, a new tank would be required, and might cost the applicant about S2000. Gaffron review'ed other issues of concern. The second story addition would be located 49' from the lake, where 100' is required. A variance for an 8' street setback would be necessary, where 50' is required in the 2-acre zoning district. There would be an average lakeshore setback encroachment of 32'. It w'as noted that even though almost all of the house is within the lakeshore setback, it would not encroach on the views enjoyed by the adjacent neighboring properties The hardcover will stay within the guideline for the overall hardcover There is a bluff issue on the west side. Some filling would result from the project and erosion control measures will be necessary during construction. MINUTKS OF THE ORONO PLANNING COMMISSION MEETING HELD ON JULY 15. 1996 (#3 - #2135 Paul and Sue Hedlund/Edna Albee Estate - Continued) Peterson responded to the report noting the positive changes that were made. He reported that the number of lakeshore variances requested \s ith this application is similar to that of other properties in the areas of Long Lake Boulevard and Casco Point, which do not meet zoning regulations Peterson said the City does not know w hen sewer will come to the area, and he has no problem with a holding tank Peterson also reported that he spoke with a neighboring property owner to the east, Mr Bingham, who originally voiced concern over the location of the garage near the side lot line but is in favor of the revision. Peterson noted that the street setback is consistent with that of the neighborhood The bluff issue was said to be initiated by the state and does not seem to present a problem in the aplication. Peterson also commented that the average lakeshore setback is not a problem with this application due to the location of houses on nearby properties With these notations, Peterson said the plan was still quite aggressive with the confined building site. JeffMartineau responded that the applicant has addressed the size of the home, which Martineau says is consistent with the size of starter homes at 1092 s f with a 534 s.t. garage and 38 s f deck Schroeder commented that the house was small because it was bound by the size of the lo* Peterson added if this was new construction, this home would not be allowed to be built Smith clarified that the second story does not e.xtend over the master bedroom located on the main floor A future powder room area was noted on the floor plans but will not be completed at this time. There are two baths currently on the first floor. Smith suggested removing the wall to open up the den area so it could not be used as a bedroom. The applicant commented that the wall may be load bearing. Smith asked that it be made clear that the second story’ powder room and first floor bedroom not be used as such. Lindquist said that would realistically happen when sewer comes to the property. Lindquist noted there was only a partial alternate site for septic. Gaflfron agreed but noted it would not be needed when sewer came in. The existing system will be converted to a holding tank and the drainfield eliminated Schroeder asked w'hat would happen if it was found that sewer would not come for another five years Gaflfron said the applicant may then wish to replace the current septic system The applicant reported that it was their intent to notify potential buyers of a 3rd bedroom possibility in the future Lindquist asked if it was the applicant's intent to follow thru with this proposal and rehabilitate the house and then sell it, or sell it now as-is. Martineau said the intent was to have the capability of showing potential buyers what the property could be. Gaffron noted that this could result in a buyer presenting a totally different plan to the Commission at a future time. There were no public comments MINUTES OF 1 HE ORONO PLANNING COMMISSION MEETING HELD ON JULY 15. 1996 (#3 - #2135 Paul and Sue Hedlund^dna Albee Estate - Continued) Smith asked what w ould happen if sew ering was put on hold, a new septic sv'stem was built using the alternate site, and it failed Gaffron said the property owners would then have to resort to pumping Peterson noted that there were many homes in Orono that pumped Berg said the application was then based on what might be or what could be done Martineau informed Berg that their goal was to modify the previous plan in order to present a variation to the Hedlund’s and bring closure to the purchase if possible. The Hedlund's w ere sent the current package being reviewed Smith said if that failed, then a tangible plan would be possible for another buyer Martineau concurred noting it was a good use of the property. Schroeder asked what size holding tank was used and whether it could hold up to a 3 bedroom home. Martineau said they were under the assumption that the e.xisting tank could be sealed and would work with Orono to determine if that was so It was noted that the aaual size of the tank w as immaterial as whatever pumping schedule was required would have to be done. Martineau said the pumping contractor would monitor the use of water to gain historic data and pump accordingly. It was determined that the holding tank was not relevant to the number of bedrooms in the house Lindquist noted that the review was similar to that of a sketch plan review. Peterson said it verbally was a sketch plan review but in actuality an application. Martineau responded he felt there was a high probability that the Hedlunds would move forward on the purchase Smith asked Gaffron if there were any concerns with the bluff Gaffron said a grading plan would be required to protect the site during construction. The driveway revisions could possibly require retaining walls Other similar sites were noted in the area. It was determined that a grading plan would be required prior to the application going before the Council. Lindquist noted that the hardcover w'as decreasing in the 0-75' setback and totals were similar to what now exists. The setbacks were also similar. He saw the plan as being viable MINUTES OF TfiE ORONO PLANNING COMMISSION MEETING HELD ON JULY 15, 1996 (#3 - #2135 Paul and Sue Hedlund'Edna Albee Estate - Continued) Lindquist moved, Stoddard seconded, to approve Application #2135 with the understanding that a grading plan for the bluff area be presented prior to the application going before the Council A minimum of a 1500-2000 gallon tank would be required for pumping and the drainfield would be disconnected Variances for a street setback of 8', hardcover, and average lakeshore setback were recommended V'ote Ayes 5, Nays I, Peterson (to be consistent w ith his policy to vote against average lakeshore setback variances). Peterson noted the improvements made to the plan and said the proposal is consistent with the other homes in the neighborhood The application will be presented at the August 12 Council meeting. (#4) #2148.VVAYNE iM. HOLMES AND JACKIE DAHL, 1390 PARK DRIVE - VARIANCE - PUBLIC HEARING 7:54-7:59 P.M. The Affidavit of Publication and Certificate of Mailini? were noted. The applicants was present Mabusth reported that their original proposal was to restore the majority of the house and add a new second story. The applicants found that the foundation would not support the new second stor>' and now propose to raze the structure and install a new residence The property is located in the 1 acre zoning district. The lot width is met as well as all setbacks. A lot area variance is required. No negative comments have been received from any neighboring property owners. Peterson saw the application in the light of a formality due to code restrictions. He did voice concern over a cistern on the property and asked that it's removal or abandonment be attached as a condition of the application. The e.xisting well is to be relocated, and the existing well will need to be abandoned. There were no public comments Mabu th noted that the applicant's have asked to have the application presented at the July 22 Council meeting. Peterson moved, Berg seconded, to approve Application #2148 with the addition of the removal of the cistern and existing well. Vote: Ayes 6, Nays 0, BONESTROO AND ASSOCIATES ^ 612 6361311 09/19/96 07:50 0 :01/03 NO:08A ^ J Bonestroo Rosene Anderlik & Associates Engineers & Architects SeptcmN;r 19. 1996 Mr. Michael P. Gaffron, Asm. Building and Zoning Adnuni.strator Ciiy ol Orono Post Office Box 66 Crs'stal Bay, Minnesota 55.123 Rc: Albcc Estate File No. 139-gen Dear Mike. if.M. t 4. ^ *• * I •». *.., .%. { . • \ . r. : t I ,| , f , • • I If* * .er I f • I ‘ *•! ♦*: • »• I tl* . . • s • • • * .> A V I. •.» f-. » »•, • f- A \l lliM.l, ’• k lit l'. I ‘ 1 ^ . • f •%,.,# % I .1, »‘f « > I li* fl. If, «!• I»f • . II * ..r.l A r f • ’ • I t I . • .!• I • T| • r .• • • I ■ I « I • • M .«k A f. Ml.. Ml ^ mf f «>i * t • I. I t I .1 r. , , »• 4, .1. ••I- • « • I I I I • i". a „ • . I • ' .1 I , Ml • M k I l» • I* I ». R.*» h, 11 H • I • I ’.s Mf, • Vi- 41 •• I « « E Hill • . • , , We have reviewed the grading plan prepared by Coffin & Gronberg fi>r the AIbce residence. The property is iiKuted on Long Lake Boulevard overlooking Long Lake. We have several comments in regards to engineering mutters. The two ,3-foot tall retaining walls are proposed to control up to 8-fcel of fill to be placed on the existing slope. The wall a.s shown appears to he acceptable from an engineering standpHjint. However, more information must be provided to identify the specific wall material, type of fill and the whether any type of lie-hack resiniints will be used If a hliKk wall is pr»>posed, each block manufacturer has specific design charts that may be used depending on the type of fill and loading conditions. The two walls must be placed at least as fur apart us they arc tall (1:1) or a surcharge loading must he used. If a boulder wall is proposed, the si/e of the boulders, wall batter and embedment dimensions must be specified. The drainage plan shows directing the storm runoff directly over the two walls. Some type of dramtile or storm sewer piping may be needed to prevent problems. Gutters and downspouts should be considered to reduce the amount of runoff at the top of the wall. Please cimlact me at this office if you have any questions regarding ihis mailer. Yours very truly, BONi:.STROO, ROSENE. ANDERLIK & ASSOCIATES. INC. Shawn D. Gustafson. P.E. 2335 West Highway 36 • St. Paul. MN 55II3-389B • 612-636-4600 i/* * ‘t < , «n r. f ./i. l>r*pic/rr y Ot* • O . Ti • lo\- o^» t Ar>-!**fl<k f't • V.«(vtnL Soiv.iM Pf • P-cn.« »f Ttmu.' fl •Gif.-'i iit T • f»'cj,n.n £ Nove\ PE • Rot>ea G ScfHiOichl PC • »^r', ■» Boir^o*^ ”C • A Povcnt- ’t «nd Su%4«r* V CQer’ n CSf'^iO^ Cor*su>f^?s .•?*'P*'*v n IS Hovv If f A S,vi»nfd p£ • K- art A Gordon Pf • Roherf P Pfeffp'ltr Pt • Pifh^^riJ W fr.-,Tr- Pf • rv.vi-.tc '^E • AiA . v.^rk A H «non PL • W n»ci T P.tHf f' Pt • TudKr»cM • r',»* iet*i P Afd •»^'on 1 • V.irk r Rolfi P£. • iuinvy P Wii.'.«r\on PE I S • Pot^oit I i'*‘ »' Sr P.*uf Roc^.'tff .i.tfi Si ffOoO V\ • AVquon Wl ~//2a I /4 n t ♦ # SEP 0 •■ Bonestroo Rosene Anderlik & Associates Engineers & Architects September 19. 1996 Mr. Michael P. Gaffron, Asst. Building and Zoning Administrator City of Orono Post Office Box 66 Crvstal Bav, Minnc.sota 55323 Re: Albee Estate File No. 139-gen Dear Mike, We have reviewed the grading plan prepared by Coffin & Gronberg for the Albee residence. The property is located on Long Lake Boulevard overlooking Long Lake. We have several comments in regards to engineering matters. The two 3-foot tall retaining walls are proposed to control up to 8-feet of fill to be placed on the existing slope. The wall as shown appears to be acceptable from an engineering standpoint. However, more information must be provided to identify the specific wall material, type of fill and the whether any type of tie-back restraints will be used. If a block wall is proposed, each block manufacturer has specific design charts that may be used depending on the type of fill and loading conditions. The two walls must be placed at least as far apart as they are tall (1:1) or a surcharge loading must be used. If a boulder wall is proposed, the size of the boulders, wall batter and embedment dimensions must be specified. The drainage plan shows directing the storm runoff directly over the two walls. Some type of draintile or storm sewer piping may be needed to prevent problems. Gutters and downspouts should be considered to reduce the amount of runoff at the top of the w all. Please contact me at this office if you have any questions regarding this matter. Yours very truly. BONESTROO. ROSENE. ANDERLIK & ASSOCIATES, INC. h>. Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul, MN 55113-3898 • 612-636-4600 ? 3 To:Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator From:Michael P. Gaflron, Assistant Planning & Zoning Administrator Date:Julv 11, 1996 Subject:#2135 Paul and Sut Hedlund/Edna Albee Estate, 1575 Long Lake Boulevard - Variances - CoPiinuation of Public Hearing Zoning District: LR-IA, Single Family Lakeshore Residential, 2 Acre, Unsevvered Application: Revised proposal requesting lake setback, average lakeshore setback, street setback, 0-75' hardcover and bluff impact zone variances for construction of additions to existing residence. List of Exhibits A - Revised Site Plan Proposal B - Revised Floor Plans C - Revised Elevation Views D - Letter from Nancy Gawron, Estate of Edna Albee E - Revised Hardcover Worksheets Letter from Jeff Martineau RE: Septic/Sewer Considerations Notice of Planning Commission Action 5/28/96 F - G - H - Planning Commission Minutes 5/20/96 I Memo and Exhibits of 5/7/96 Summary This item was tabled at Planning Commission's May 20 meeting to allow the applicant an opportunity to redesign, with the following general guidelines: Reduce hardcover. Move garage further from street and out of side yard. Discuss sewer options, perhaps propose a covenant to be filed on title regarding scwer/septic expectations and limitations for the site. Since the May meeting, the representatives of the estate have taken over the application absent further input from the Hedlunds who were initially interested in purchasing the property. The estate representatives have been working with realtor Jeff Martineau and have submitted revised plans addressing the stated concerns of the Planning Commission: 1.0-75' hardcover is now proposed to decrease from 1,195 s.f. to 1,185 s.f., rather than the earlier proposal to increase to 1,280 s.f Zoning File #2135 July 11, 1996 Page 2 2. 3. 4. 5. 75-250' hardcover is proposed to increase from 887 s.f to 1,467 s.f.. rather than to 1,783 s.f. as originally proposed. The net hardcover result is an increase from 2,082 s.f. total to 2,652 s.f., rather than the 3.063 s.f originally proposed. The revised proposal meets the criteria suggested by staff for allowing 2,724 s.f of hardcover based on that being 25% of the 75-250' zone area. Revised proposal eliminates the need for a side setback for the garage. The garage is now proposed at approximately 34' from the side lot line. The revised proposal moves the garage to a location 8' from the street property line rather than being only 1' as originally proposed. Septic/Sewer Proposal The property owners propose a multi-facctcd approach to dealing with the septic system issue. The letter of July 9 from Jeff Martineau proposes: that the property be rehabed at this time with no more than two bedrooms, that the existing septic tanks be disconnected from the drainfield if one exists, that the owner will supply the City with a fully executed pumping contract from a licensed contractor. that the owner will draft and record a restrictive covenant on the property that will not allow the property to become a three bedroom home until City sewer has been approved and been installed to the property. The applicants discussed with staff the fact that the proposed first floor bedroom adjacent to the garage foundation could be designated as a 'den' rather than a bedroom. Staff would consider this acceptable if the closet was omitted from that room (this closet would be the area under the stairway), which would force a remodeling and trigger the need for a permit at some future time that it is converted to a bedroom. Of course, there is no guarantee that a future owner would apply for a permit for this future minor remodeling to create a closet and convert the den to a bedroom; but the covenants would presumably be adhered to under the risk of violating them; therefore the covenants must be drafted in such a manner that they are enforceable by the City. The proposal to eliminate the use of any existing drainfield and convert the existing septic tanks to holding tanks with regular contracted pump out until sewer arrives, would eliminate the need to install a new septic system if deemed acceptable by the City. The property owners are, of course, aware of the risk that sewer is likely at least one year and perhaps a number Zoning File #2135 July 11, 1996 Page 3 of years in the future, hence they are balancing the cost of pump out vs. the cost of replacing the system. Staff finds this part of the proposal reasonable from the standpoint that we ate concerned that the existing system likely would be contributing to the degradation of Long Lake should it again be subjected to full family usage. Conversion of the existing septic tanks to a suitable holding tank system may be as simple as plugging the outlet, or in fact may require replacement with a sealed tank in order to ensure its viabilit) . The cost of the former action is probably less than $100; tank replacement would likely be a $2,000 project. Items for Discussion 1.Is construction of a second story above the existing one story residence located 49' from the shoreline where a 100' setback is normally required, acceptable to the Planning Commission? 2.Is the proposed 8' street setback for the attached garage acceptable as compared to the 0.5' street encroachment of the existing detached garage? 3.Is there justification for granting an intensificatir>n of the 32’ existing/proposed average lakeshore setback encroachment by adding a second story ? 4.Does the applicant's hardcover proposal for 1,185 s.f (6.73%) in the 0-75' zone, and 1,467 s.f (13.46%) in the 75-250' zone, meet Planning Commission’s hardcover goals for this property? 5.Does Planning Commission have specific concerns regarding the additional structure or fill that will be needed within the bluff impact zone in order to accommodate the proposed construction? 6.Does Planning Commission accept applicant's proposal for conversion to a holding tank and placement of covenants regarding the number of bedro« >ms, as sufficient to keep this property from becoming a potential burden to the Citv and to this neighborhood via future septic sy stem concerns? Staff Recommendation A recommendation for approval, partial approval or conditional approval should clearlv define the hardships and justification for each of the variances (see Nancy Ga\uon’.s letter, Exiuoit D). 1 Zoning File #2135 July 11, 1996 Page 4 Options for Action 1. 3. 4. 5. Isv Recommend approval per the revised proposal, defining the hardships that support the request. 2. Recommend approval per revised proposal with additional specific revisions or conditions. Table for further revisions. Recommend denial. Other. - *■ **** J k ' n - ■ r rmllMt 11^ t m m+-~-i—^-, V t7j2lUe-^2 Cx A^<:i£ 0 IBw-n^Y (5^7^ L^N6lAI==-fe. euVC? '_ 2?PTI<?>N<- r<JwJi^rz e<?(?M l^Cifirrv>N ^ CKrnz't' S-!= g’Al^MY 2-^ ^c- oez^>\^u r\.vo^ p/^ah • f»«OiNTiAU OIAION *^AW9 ICl.U*T« a TiON A t 1— • \ t f(^^F-ip€>BC> M^aDlFAoATI.S'M^ (^7^ LA\^^ ^\IC^ MiNKl/ 7' e> <> Cs N -t=-|^^t' PLAK 'A'= 1-^"• • i»-oi»»».« p#**irt»< " ^ At n II . !•>. *a«T«p% • •rMf ft'''ii f / • • / FORTH CHTTECTSi 00* **' « • • f / >• • •«kV /i^^S£rr-:>5^ # •T •v •«. t ^^aitc /, ^ jjfoof^“ 16>7^ ■SWC’ jt;/)^:pi^U(^ mm VI * \5T7P=> i-AK'fe. e?WD rA-r\k\ ^TUt^Y 7* ^ :. \0 a ■ ft <o • ▼ i al 0(ftitf*«^AN9 ik k u ft t ■ a r tON■ ftiOfaTiAL 9(ftl9*«^- AN9 IkkWftTftArtOm * m 1 t ?i:ptl ' • ■ —-1 30B pp?5c ;„'l 'ji Ur;^.------7-—, l‘5’75? L^n4 LAHre &UVX?, V Ar-f ^tvjDY' /e’"=r-^'' ■7 ■ f*>;iNT>Ab OlAltfN^'^ANO tkkU»r*ATlON uAHi E. ^(PO'Vr\ A'-T'«^T U ^ 1^"' r-<j?' 1i • «»»Ci<^T»Au olftiON ‘^ahd 'kbwftTaAtiOH ^Lr:-A, U<£:>W<^ UAI*2-e. <=^TU»:^Y :iGllri i i 7'■ ■•lOtMTlAb Pfll*N ‘^AWO IttW^taATlO** 1 « em- ^ Orono Planning Commission 2780 Kelley Parkway Orono. MN. 55356 *7 - If'16 July 8.1996 Dear Commissioners; On May 20, 1996 Orono Planning Commission chose to table a request for 5 vaiiances concerning the Edna Albee Estate at 1575 Long Lake Blvd. This lener intends to show hardship for those 5 variances. The purpose of a variance is a neans for improving older properties so people can continue to live there. When rules change variances are meant to allow* improvement and modernization to property rather than force people from the property. At 820 square feet of living area and constructed in 1938, my mother's house does not meet many of todav's criteria for modern-day living. We are proposing a modest addition to this house in order to bring it closer to today's standards. All of this proposed addition would be done between the house and garage minimizing excavation and any impact on the lake or nearby wetlands. We believe aesthetically it is the best approach to expansion on this house and also is consistent with other homes on the lake in this area. Side lot setback - 30 The original house needs to be preserved as much as possible due to the fine hand- cut limestone work on both ends of th»* house and a fireplace of the same material. The garage needs to be offset from the front of the house more to provide an aesthetically pleasing front entry from the road. Leaving the garage where it is blocks the whole front of the proposed entry rendering it unsightly and f)erhaps unfunctional. Moving the garage to the west and detaching it would involve monumental dirt work on such a slope, require a 12-15 ft. retaining wall (unsightly from ^'le lake) and totally block the view of the lake from the neighbors and road. Also, many mature trees would reed to be removed further causing erosion problems and more unsightliness. In order to attach a garage we will need a few feet in the 30' side lot setback. We have moved the garage as much possible to the west and away from the road. Mr. Bigham to the east has taken exception to this variance but we propose his view would not be altered much as he is looking at the back of the existing garage and wc have a line of mature arborv itae planted near the cast lot line to ease his view. ^ Road setback - 50'. As my mother's house sits 32’ from the road on a 30% slope there is no way we can comply with ordinance on this. The existing garage is 2 inches into the road now. We feel we have adjusted the garage as best we can to get it further from the road. Septic System. We have permission for a state approved gravel-lcss trench system for this site for a 3+^ bedroom house already worked out w ith Orono. This site was approved before state regulations of March 31, 1996 requiring an alternate site for a septic system went into effect. We do not w ish to install a septic system nor do we wish to incur costs for landscaping restoration as city sewer has been proposed for this area within a year. Rather could a covenant be added promising to hook up to city^ sewer and a pumping agreement be reached to fill the gap before the city sewer arrives? Lakeshore - 75' and Bluff Zone. Most of the existing house sits within the lakeshore setback and the bluff zone. Adding a second story and building toward the road encroaches the least on this lake setback and bluff zone. Hardcover. Our plans has reduced hardcover to w ithin acceptable parameters for this property. In closing, our mother passed away in April of 1995. She lived here for 57 years and developed this landscaping for her property over many of those years. It is aesthetically pleasing and drainage for this slope is well considered. Her heart and soul went into her home on Long Lake. This property has been on the market for one year. It has been sold twice and each time the City^ of Orono ’s demands have caused our buyers to back out. It has caused our Tamily an unbelievable amount of trauma in selling the place where we were raised. Not being able to do so in an expedient fashion has furthered our anguish. We can't fully get beyond the death of our mother when we still have to maintain and worry over her vacant home. This property cannot be improved w ithout variances. We feel this is a modest plan w ith the least amount of impact on the environment. This plan also brings this property up-to-date and is consistent with the better upgrades in the neighborhood. We\e had verbal approval from Charles Truman at the May Planning Commission meeting. He is the neighbor immediately across the street and whose site line is affected most. It appears to us that the neighbors have been given greater leeway on variances in the recent past and been allowed to do so on less acreage. We encourage you to view our property on Long Lake. We feel a look is worth a thousand words. Feel free to call me at 473-2474 if you would like to view the inside of the house or to answer any questions. I am usually home by 4:00 p.m. Along with my sisters I am. 7 Nancy A. Gawron as personal representative to the Estate of Edna H. Albee • •asr/rr^ hap i^rOV^C^CULATiO^ VVOKK5^b I ‘ SETBACK ZONE: (CIRCLE ONE)75-250’25-500* , { « • i • »• I t;' 11 I EXISTING HARDCOVER IS ZONE A. House_______________ Length % I I Widih B. Garage C. Driveway srt^* D. Sidewalk X X X * /. 5 3.i E. Patio/Oeek ' F. t^dscape By Plv"-. OrFa^- HZ rif*t^As • • G. Other ^ 7.0 X • ^ X X X .• X X I X X •• 6 73 •• * Sr4 z <y V i.s* TOTAL HARDCOVER IN ZONE tOTAL PROPERTY AREATN ZONE A //^63 + B /l^PA X 100 PROPOSED HARDCOVER IN ZONE (’7^/0“ 9€) A. House ______________ ^---------------- Length Width B. Garage C. Driveway X X X X X D. Sidewalk (Srpop) Afr\0\/f riAB * A(^OU( Sfp( L x^al K E. Patio/Dcck __________ - * -------- /f t^oyf fiAT*0 /iLO(IC.J X ______ Af^ TiMOfAS F. Landscape __________ * ------- Underlain _______________^ • . * — By Plastic • ______________ ^ ------- Or Fabric I f i i Q, Other total hardcover in zone total PRO/Eg" ARBA-IN ZONE ^ . A /' ^ - - -- - - - A* 50Q-1000’ , I • '7 V * S.F. ^ S.F. _S.F. S.F. fSl.3 5^.0 /osi S.F. •« m S.F. S.F. . S.F. S.F. S.F. t ‘ S.F. 72.C h.O S.F. S.F. SiF. • • Z3>t S.F. S.F. S.F. A B . €. 79 - % -f - % • S.F. S.F. S.F. S.F. iS F * ., •* S.F. S.F. SF.-2^^ S.F. //^5 7^ S.F.• S»J* •• S.F. r# A B • • •14' % »• • t « iII • f • 1 • i' / . • hardcover CALCULATlOil^ * SETBACK ZONE: (CIRCLE ONE) 0-75'25-500 ’ EXISTING hardcover IN ZO^^ A. House Lenguh Width X X X %* B. Garage • • ■ C. Driveway X X D. Sidewalk J-f X X 4*-2 E. Patio^eek • (^ooua X X F. Landscape Underlain By Plaitic Or Fabric •ne<x. X X X G. Other t Frme>6£^ A^ * 7.f O.g, TOTAL HARDCOVER IN ZONE . . . TOTAL PROPERTY AREA IN ZONE A ft0 7 B /CS93 x ‘100 PROPOSED HARDCOVER IN ZONE ( A. House _______________ ^ .— Length Width X X X Mp «• •• 33B * • I B. Garage C.‘ Driveway X X jr^oP D. Sidewalk X X 85 AAnyfUy* i ' x F. Landscape J f€A\ot/f Underlain /^Tf0 By Plastic __________ • * • Or Fabric -k V S3 ‘ MM G. Other • X total HARDCOVER IN ZONE • • total PROPERTY^A in ZOJ4E^ , ,00 - «.« • to **• • 14 « •• • 500-lQQQ ’ » S.F. S.F. S.F. S.F. — 'Z 4^S.F.• # • • esa S.F. ,S.F. 40-^ l$-3 S.F. S.F. Z7« l5 S.F. S.F. • s __________S.F. __________S.F. SB o S.F. 7.*7 ft4-Z S.F. • M Za7____________S.F. /OB4C- S.F. a. 14 % A B S.F. S.F. S.F. > ’A y/a /3T4? 2Q^. S.F. S.F. s.-F; :s.F.- - S.F. yo^ /V^7 S.F. S.F. % A B JEFl MARTINEAU REAnOR.G.R.l.CRS IS Mil I ION DOLLAR PRODUCER Bus (f.12)473-3000 Dir (M:»476-3659 Fax K. 2) 476-5421 Wdyiiata Ofl;tr i *' I .i‘.t l.ak^ \V.tv/««td MNSS3'3l 012 ii*3-iCCO e»4, F -1/ '7 c. til July 9. 1996 CITY OF ORONO Mr MiKeGaffron Bo* 66 Crystal Bay, MN 55323 Dear Mike, The proposal anciosed on the property located at 1575 Long Lake Blvd. is for a two bedroom home It i$ proposed that the property be "rehabed" ot this time with no more than two bedrooms The existing tanks will be blocked off from any dramfie'd The owner will supply the City with a fully executed pumping contract from a licensed contractor and the owner wilt draft and record a restrictive covenant on the property that will not allow the property to be a three bedroom home until the City sewer has been approved and been installed to this property. Any further questions, please feel free to contact me at 476-3659. Sincerely. Jeff Martmeau. ror the Estate of Edna Albee (Nancy Gauron. Personal Representative) 3 0 •JL O S X n H X e — T T — “1 n r r Uhl C *7 ' // * ? d-' CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2135 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; May 28.1996 TO:Paul & Sue Hedlund 1202 W. 22nd St. Mpls., MN 55405 COPIES TO:Nancv A. Gawron 920 Dakota Ave. Long Lake, MN 55356 TYPE OF APPLICATION:Variances DATE OF MEETING: 5/20/96 VOTE:5 FOR 0 AGAINST Planning Compiission recommends the following: Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: Tabled to allow applicant an opportunity to redesign, with the following general guidelines: Reduce hardcover. Move garage further from street and out of side yard. Discuss sewer options, perhaps propose a cohvenant to be filed in title regarding sewer/septic expectations and limitations for the site ... Applicant’s next scheduled meeting is dependent upon receipt of additional information. Deadline for the June 17th meeting is June 10th (or July 8ih for the July 15th meeting). If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 20. 1996 - ^2134 Aibicdii - Coiiiinucd) Smith moved. Lindquist seconde^^o deny approvsl'^fthe after-the-fact deck The stair landing was approved with the condift^n thaf^jh^pplicanr work v\ifh Sraft'fo meet the 90-100 s f compliance for stair landtnc st>C ^ ote Aves 5 Navs 0 T.he applicant was informedtijirtfie application wbtiii^o to the second Council meeting ir. June It was noted record that the Planning CofttKussion was not concerned with the stairway to>fte lake but would like to see the City work'with the applicant in meeting size requit^ments (#5) #2135 PAUL AND SUE HEDLUND, 1575 LONG LAKE BLVD. - VARLANCES - PUBLIC HEARLNG 8:2S-9:12 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicants was present. Gaftron reported that the property in question was a 3/4 acre lot, the bulk of which is located in the 0-7.S' setback, with 17,600 s f in the 0-7.S' setback and 11,000 s f in the 7.S- 250' setback The house on the property is small and mostly located within the 0-75' setback The single car garage encroaches into the right-of-way. Gaftron said the proposal to purchase the pi-openy is contingent on approval of the additions. .An addition is proposed to the rear, non-lakeside of the house, but still partially in the 0-75' setback. A second story is also planned. The garage will be remo\ ed and replaced by a 2-car attached garage. Gaftron informed the Planning Commission that the variances required for this proposal are for hardcover, side setback to the east, proposed at 18' where 30' is required, and street setback The attached garage requires a 50' street setback and is proposed at 1’. Gaftron said Staff reccmm.ends a 10’ setback to the street lot line. The norma! setback for a detached earase. w hen doors are to the side, is 10’. which Gaffron said should be strived for Gaffron reported that the average depth of the lot is such that there is no buildable envelope The evicting house does not meef sethacks Any upward changes results in visual impacts Gaffron said if should be noted that the height of the sfmeture be limited to 2 stories If this limJt was not placed in the resolution, the st.nicture could be built to 2- !.'2 stories .A_ny rno.^e than 2 stories would not fit the neighborhood and would be disproportionate from the street view. A letter from the neighbor to the east stated his opposition to allowing a side setback less than the 30' requirement. Gaffron said there could be ramifications to cha.nging the garage to the other end of the house. MINL^TES OF THE ORONO PLAIsTsIING COMMI<^<?ION MEETING HELD ON MAY 20, 1996 Piiiii Slid Sue Hedluiid - Coiiliiiucu) The hardcover in the 0-75 ’ setback exists at 1200 s f and 900 s f in the 75-250’ zone The proposal would increa«;e these calculation? by R5 ? f in the 0-75 ’ and to 17S5 s f in the 75-250’ zone The overall allowed hardcover of 25<>'„ i? 2724 s f and is proposed at 3063 s f, an Increase of approximately 300 s f over the allowable. Gaffron continued that this is also a bluff situation The addition to the bulk of the structure would have an im.pact. Grading would also be required withjn the bluff im.pact zone for the drivew ay, Gaffion said the bluff impact is minor, however, w hen compared to other issues involved A main concern is with the septic system for the property. The current septic system is non-conforming and requires replacement, for wliicli a site exists. There is, however, no available alternate site on the propeny for the proposed 3-bedroom house. The neighborhood is proposed for sewering but thJs is an upjesolved issue. Gaffron questioned whether the house should be expanded to 3 bedrooms without an alternate site or withhold Ena! approval until the sewer issue is determined. Applicant, Paul Hedlund, said the property was very unusual. It is their intent to keep the home intact and build onto it as opposed to tearing it down and starting over with new construction. Peterson commented on the large number of variances for the application. He noted that, although the property deserx'es to have a hom.e on it. the applicant needs to work with Staff to make it a viable proposal Hedlund said he sees the plan as the best for the property and reiterated the purchase was contingent on City approval. Stoddard acknowledged the good design and elevations, but asked the applicant if he would consider moving the garage to the west Sue Hedlund said the .vest side of the lot w'as steep and questioned the encroachment of the bluff area Paul Hedlund also noted that the well was located on the west side of the property. During public comments, Charles Truman, who lives across the .t.-e • »:om this property, voiced bJs approval of the proposal. He said it would cause no na' .Is:up to the neiahborhood. MINXfTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 20. 1996 (-5 - “2135 Paul and Sue Hedlund - Continued) Peterson noted the concern from a neighbor rega.fding the side setbacL. He asreed that the concent was good in general hut was concerned with the major issue of sewering Peterson said the appl'cation should be tabled untd a solution is determined Peterson saw the need to provide a septic system for a j bedroom house or wait until the sewer issue is resolved Hedlund said he would prefer sewering and would not w ant to in'-'*:; in a new septic system if sewering w as in the near future d for NflTSA amendment approval, planning, and review, it could be at least another year until any decisions would be made Hedlund said he could wait a year but would need to receive approval of the improvements for a future time Lindquist informed Hedlund that he saw the property as it now is. a 2 bedroom. 800 s.f home Lindquist said it was liis opinion that tills was all the land could handle Lindquist said he would not w**nt the applicant to wait for septic approval and then find that the improvem.ents could not be made JefFMartineau. a Realtor with Burnet Realty, said he was representing the Albee family estate. He acknowledged the problem.s with septic but noted that thus was not the only site in the area with no alternate site He asked the Planning Commission to consider emate solutions Martineau noted the uniqueness of the property and said a 800 s.f home was not consistent with homes of the '90's. He felt the design, location, and size of the property was consistent with the neighborhood Peterson informed Martineau that the Commission w as in the planning process of what would be allowed for the property. He agreed with Lindquist on what could be done with the property as a fact of reality, rather than one of marketability Peterson said the main issue was the sewer He said the application could not move forward without an alternate site, which is a recent regulation, and a system which meets zoning requirements. Peterson noted that other acencies are involved Martineau said he was in attendance not as an agent but to represent what was good for the home«>w ner He said he sees the proposal as a reasonable use of the property. Hawn said she saw the proposal and issues as very troubling. Hawn noted that the property was in the 2 acre zoning and was only 1/4 size of the requirement She noted the fragility of the area with the bluff and the one septic site Hawn felt it w ould be irresponsible to take this substandard lot and Lncrease the buildi.ng size. She noted this property w as an example of w hy there were building codes MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 20, 1996 (^5 - #21 j5 Paul and Sue Hedlund - Continued) Susan AJbee said she saw the Hedlund's plan as being quite conservative She noted that there were no home's on the north -side of the lake with alternate sites Alhee said the proposed septic system for the property has a 25 year guarantee She did not believe the applicant w as aslung for anvthjp.g unreasonable with the addition of one more bedroom and an attached 2-car garage .Albee said there was only a 10% building envelope on the property, and her parents have lived there for 60 years. Smith said she had no problem with the house increasing in height but with covering more of the lot with structure. The main issue with Smith was the sew ering. Stoddard noted the sewer issue along with the height of the addition and encroachment into the 0-75' setback. He said there was still the issue of being 300 s.f over the hardcover limit He asked if there could be design changes to include movement of the garage to decrease the footprint especially in light of a complaint from a neighbor. It was also noted that there was no guarantee when sewering would come to the neighborhood. GafFron was asked about the status of the MUSA application. Gaftron said the City is working with l ong I.ake to determine capacity availability and make changes downstream as necessary Once that is w’orked out, the Met Council will probably approve the application. GafFron said sewering w'as a matter of timing and cited e.'iam.ples of w'hat might occur. He said he was concerned with the proposed improvements if the septic 11 iuiio. Stoddard said he saw the footprint as a problem, Peterson said he had a problem with the garage. He did not wish to set any precedent by allowing a garage that near to the lot line. Sue Hedlund asked the Commission if tlie bluff was a major concern. Peterson said it w'as the least concern of all the issues involved. Peterson moved, Lindquist seconded, to table Application #2135 for redesign of location of garage and architectural redesign for fit on the property, along with a solution on how to handle possible future failure of the septic system. Peterson noted the possibility of holding tanks if necessary. He brought the applicant's attention to the dean up being conducted of Lons Lake. Callahan said he was in favor of the tabling He said the issue was similar to that of the ice arena proposal with awaiting resolution of the sewering issue. Callahan said he saw' the issue as political and was not clear whether it would be resolved favorably or in the near future. Callahan also noted the need for an agreement to be reached with both Long Lake and Medina on sew'ering issues. MINXrrES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 20, 1996 (#5 - #2135 Paul and Sue Hedlund - Continued) Vote Aves 5. Navs 0. (#6) #2137 WTLLLA.M AND SUSAN DirNKLEY, 2709 WALTFRS PORT LANE - VARLANCES - PUBLIC HEARING 9:13-9:38 P.M. The Affidavit of Publication and Certificate ofNIailing were noted The Applicant was represented by Carl Smith Gaffron reviewed the proposals and improvements to the DunkJey property. .An addition to the house, revamping of a garage wall, replacement of retaining walls, and a new entry way was approved in 1995 with revision to hardcover w ith removal of retaining walls that were replaced with plantings. The current proposal is to change a deck on the south side of the residence and replace it w ith a room with a pool spa This addition would meet the 10’ side setback but is located within the 0-75* setback Cbanging the deck to the proposed enclosed structure would decrease the hardcover by 24 s f but would increa.se the lot coverage by structure from 15 6% to 16.7%. The additional structure also encroaches the average setback line Gaffron noted that the homes to the north and southeast are set far back on the properties The visual impact of the Dunkley property, with its bulk in the 0-75' setback, would not affect the views of the other properties. Gaffron said there may be opportunities for hardcover reduction but the intensive review of the hardcover was dort* with the earlier application Gaffron added that the driveway is vety large and could be an option for hardcover reduction. Peterson commented that the applicants have done a fantastic job on replacing the retaining v/alls and redoing the landscaping. He noted their compliance v/ith the requests of the City. Letters have also been received from the neighbors approving what has already been done on the property. Peterson noted the limitations to the property but agreed that the deck needs to be removed or renlaced He a.sked if the deck could be moved forward'^ Gaffron aureed that this could be an option and asked how it would affect the side setback variance? Carl Smith responded that the location of the spa room was best suited to the location w'ith the patio door on the left side. Hawn was informed that the spa u as a therapeutic need for the applicant. Hawn asked why the hot tub room located beneath the area in question could not be used for the spa. Carl Smith said that hot tub was not in good condition, and the spa w'as probably too large for that particular room. Gaffron questioned whether there was any logic to placing the spa at the other end of the home'’ This would be a location near the master bedroom. (yd- T To:Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator From:Michael P. Gaffron, Assistant Planning & Zoning Administrator Date:May 7. 1996 Subject:*f2\35 Paul and Sue Hcdlund/Edna Albee Estate, 1575 Long Lake Boulevard Variances - Public Hearing Zoning Dbtrict: LR-IA, Single Family Lakeshore Residential, 2 Acre, Unsewered Application: Request for lake setback, average lakeshore setback, street setback, side setback, 0-75' hardcover and bluff impact zone variances for construction of additions to existing residence. List of Exhibits A - Application/Letter of Request/Photos B - Plat Map C - Property Owners List D - Neighbor Comments (Bigham) Survey-Existing Survey-Proposed Site Plan G - Topography H - Hardcover Calculations • Existing/Proposed Elevation Views Existing/Propo.sed Floor Plans K - Septic Report Excerpts L - Bluff Analysis by Staff E F Pertinent Code Sections A.Section 10.56, Subd. 16 (C) - Required lake setback = 100’ (Recreational Development Lake, unsewered); existing and proposed = 49'. B.Section 10.23, Subd. 6 (B) - Required street setback = 50'; existing house = 32', existing detached garage = O' (10' minimum allowed on lakeshore lots); proposed house including attached garage = 1' approximately. C.Section 10.23, Subd. 6 (B) - Required side setback = 30', proposed = 18' for attached garage. D.Section 10.22, Subd. 1 (B)/10.56, Subd. 16 (C) - No encroachment of average setback allowed; 32' encroachment existing/proposed. 1 1 1 Zoning File #2135 May 7, 1996 Page 2 F.Section 10.22. Subd. 2/10.55. Subd. 8/10.52, Subd. 16 (L) - No hardcover allowed in 0-75 ’ zone; proposal is to increase 0-75' hardcover from 6.79% to 7.27%; area of structural hardcover increases. G.Section 10.56, Subd. 16 (C) - No stmctures allowed in bluff impact zone (bluff and 20 ’ from top of blufO; proposal includes additional structure within bluff. H.Section 10.56, Subd. 16 (J) (5) (h) - No fill or excavated material may be placed in bluff impact zone. Summary of Issues This 0.65 acre lot currently contains a one-stor>’, 820 s.f. residence and 240 s.f. detached garage. The entire hou.se is less than the required 1(X)’ setback from Long Lake, the closest point being 49 ’ from the lake. The applicant proposes to purchase the property and construct major additions, including: increase the footprint of the house by 4(X) s.f. add a second story above the entire house, including a third bedroom. remove the existing detached garage and add an attached 475 s.f. garage. The property is extremely sub.Niandard in a number of respects; and the proposal requires many variances; Average depth of the lot from the street to the lake is 110', making it impossible to meet the required 1(X)’ lake setback and 50' street setback. This lot has no buildable envelope. The existing house docs not meet the required lakeshore or .street setbacks, but does meet the required side setback. The proposed house will be even nearer to the road. The existing detached garage is a few inches Into the Long Lake Boulevard right-of-way, and less than 20 ’ from the pavement. The proposed attached garage will be only i' from the street lot line. The existing septic system is non-conforming, and the property contains only one possible drainfield site that can support a system for a three-bedroom home (this is an area that is proposed for municipal sewer within the next year or two). Zoning File #2135 May 7. 1996 Page 3 The west end ol the existing/proposed construction is in a defined bluff area, where no construction, filling or excavating would normally be allowed. Setbacks The setback to the lake is not proposed to change. However, a second story will be constructed above the existing house, adding to the visual bulk of structure near the lake. Based on the elevation views submitted with the application, only two stories will be visible from the lake. This is not a ba.sement walkout situation. No height variance is required, and the structure as proposed is not as towering as the Code might allow. Given the nearness to the lake, does Planning Commission wish to consider limiting the height to two stories as proposed, not the 2'/2 stories the Code would allow? The new' house additions will be approximately 30’ from the street right-of-way, which is not out of character w ith other homes in the neighborhood. However, the proposed attached garage will be only T from the street lot line, and the attached nature of that structure may have a visual impact of the entire structure being "right up against the road". While the proposed garage is not large by today's standards, its location does not even meet the 10' minimum setback that would be require' ^n a lakeshorc lot for a detached garage. Further, the proposed garage location encroaches required 30' side setback, and the neighbor to that side has indicated an objection to such .setback. Can the proposed attached garage be relocated further west on th<* to meet a minimum 10’ .street setback and avoid encroaching the 30’ side setback? Is tl>. ;e any Justification to allow the variances as proposed? Assuming the garage can be re! ated. is there a hardship? Hardcover Hardcover is proposed to increase slightly in the 0-75’ zone. Certain areas will be ccriVwiied from non-structural to structural hardcover, including the entire addition on the north side of the huuse, as well as a deck over ’.he existing 4' x 10' sidewalk at the south side of the house. Existing and proposed hardcover is as follows: Area 0-75’ = 17,600 s.f. Area 75-250’ = 10,895 s.f. Allowed hardcover = .25 x 10,895 s.f. = 2,724 s.f. Existing:0-75’ = 1,195 s.f. 75-250' = 887 s.f. 2,082 s.f. Proposed:0-75’ = 1,280 s.f. 75-250’ = 1,783 s.f. 3,063 s.f. ► Zoning File #2135 May 7, 1996 Page 4 Is there any hardship or justification to allow the proposed hardcover increase in the 0-75' zone? Is there any hardship or justification to allow hardcover on the property to exceed the 2,724 s.f. that this property would normally be allotted? Would it be appropriate to lini i 0-75' .'.ardcover to the exiting 1,195 s.f., and limit total hardcover on the property to 2,724 s.f.? Average Setback Both the existing house and proposed additions encroach the average lakeshore setback by approximately 32'. The average setback line is drawn from the adjacent residence at 1545 Long Lake Boulevard to the residence to the west which accesses from North Farm Road. Neither of the adjacerit residences wall have significant lake views impacted by the proposed construction. Bluff Impacts Per Exhibit L, just the westerly end of the existing/proposed hou.se is situated on a bluff by definifion. The midpoint of the property meets the 30% slope/25' rise criteria for a bluff, but the east and west ends of the property have an average slope less than 30%. The impacts of the new' con.struction are mainly visual impacts as viewed from the lake, and there is little existing vegetation on the lakeside of the house to soften the visual impacts. Further, because the yard quickly drops away from the house on the lakeside, it mav be difficult to establish the degree of vegetative screening which could help reduce the impact of the additional facade created by the second story. The project as propo.sed will involve additional fill within the bluff impact zone in order to accommodate the new driveway. A detailed grading plan would be required prior to issuance of any building permits for this property, and erosion controls would be needed during construction. Septic System Requirements Applicants have provided a septic system design sufficient for one system for a three-bedroom heme. However, no alternate drainfield site exists on the property. This property is within the "North Long Lake" area proposed for construction of municipal sewer m the near future, perhaps as early as 1997. If sewer was not on the horizon, staff could not support the expansion of this house from two bedrooms to three bedrooms absent an alternate site. An option for Planning Commission to consider is that such expansion not be allowed unless/until municipal sewer becomes available. Zoning File #2135 May 7, 1996 Page 5 Foundation The Inspections Department has inspected the existing basement and finds that it is 8" block. This will require an engineered design to support the additional story, but will not require replacement of the existing foundation. Summary of Issues for Consideration 1.Addition of structure less than 100' from lake. 2. Attached garage only 1' from street lot line, 18 ’ from side lot line; house only 30’ from street lot line. 3. Proposed hardcover increases in 0-75’ and 75-250’ zones. 4. Average setback encroachment. 5. Structure and land alterations in bluff impact zone. 6. Septic system limitations/future municipal sewer. Staff Recommendation Any recommendation for approval, partial approval or conditional approval should clearly define the hardships and justification fcr each of the variances. Planning Commission should consider whether the proposal can be revised to eliminate the side setback variance, increase the street .setback to a minimum of 10', eliminate any hardcover increa,ses in the 0-75’ zone, and limit total hardcover to a level equivalent to 25% of the 75-250' zone (2,724 s.f.). Finally, Planning Commission may wish to delay approval of the expansion from two to three bedrooms, until a final decision to construct city sewer is reached. Options for Action 1. 2. 3. 4. 5. Recommend approval as proposed. Recommend approval with specific revision.s/conditions, Table for revisions/furlher information. Recommend denial. Other. r Application # ~ Date Received V - 9 l Amount Paid / '* *» CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S220.00 (S50.00 per each additional variance) Renewal Variance Fee SI20.00 / f (no change from original application) Variance for non-conforming structures S22(i00 After-the-Fact Fees (Double application fee) V} - V.). • !• r > , ^ PROPERTY INFORMATION Site Address LQOU- UA-^I-CL ~i3>UJC^ . Property Identification Number fP.I.D.) 2G~\\^-2-Z 3 OOI IriupciiY juwiii.iiivixi.iv/ia i^iiiiiv^^i V* ------u_r------ Attach legal description to application if not included on required survey. Date Propert>’ Acquired ---------------- I (do) (do not) also own the^jacent parcels of land. Present use of propert>-: v^resider.tial ___other ( Zoning District:________________________ (month/year) other (specify). ^ / . Phone (home) ~ ^___ Name /So^j n££Xj>s .J3Phone(work) D W - Address: I 7r^7 oO 7^2, or S.T _ Cify':__(215=^^-------------Zip: )iJ-OWNER (if different than apolicant) Name r..»_ Phone (home) */7£ J2y 7 Y‘ LName r r —r... r i «v Phone (work)—f------- Address:^.OTc:. .-X Cify: A/4Ag------Zip:_5V3^ vac ^ // cuV'<U_ A^V ^ DESCRIPTION OF REQUEST Estimated Construction Cost S I CO, cxj>c> -1 fo, QOcs> Describe request in detail: ______------------------------------------------------------------------- (attach additional sheets if necessary) variances required Lot Area ___Lot Width Hardcover Lot Coverage v/^Setback: Front / y Side ear Averaee Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:------------------------------------------------------- (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1. 2. 3. 4. 5. 1. 8. Completed Application Form Certified Propert>- Ou-ners List of ovsners within 150’, labels and plat map (you must obtain this list, labels and map from Hennepin Co'jnt>' Department of Finance, A-603, Gov't Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy SVi” x 11" for reproduction. Topographic survey (e.\isting and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy BVz' .x 11 for reptoduction. ___ Sketches or plans of floor & elevation views (provide one (1) copy 8'/i" x 11"). - igiyLisi of the legal names (include marital status) of all persons with an interest in 0 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. y jC___ The Applicant and Property Owner must sign this application. Please remember that yiiur; variance application is not complete if the above information has not been included, APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additic.'al 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 She best of his/her knowledge. Applicant's Signature —Date k OWNER’S SIGNATURE ITie 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 Sienature ~dil^ _tLj.__ Date------^ (—/_?£— Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 Vc • •kTr. * \ Descr^f k>n of Request From the CHy of Orono We are requesting permission from the Cfty of Orono to approve the required variances allowing proposed improvements to be made on the attached property. We make this request and need the variance approval in order to create a dwelling more repres^dative of today's housing market and to provide appropriate living space for our current arnl future family needs. Prqp€>69d sfrucfure: • 3 * Bedrooms • 2 - Full Bath • 1 - Half Bath Hardship/Description of Unusual Property Conditions One needs to look at the survey to see a a number of unusual property conditions at 1575 Long Lake Bivd. The unusual conditions are as follows; • Lot Qize - 28.495 square feet (.62 acres) • 0'-75' Hard Cover Zone - 6.79% • Rear Bet Back - Garage Btructure located on lot line • Lake 8hore Bet Back - Majority of house structure inside the 75' setback • House Bize - 750 square feet. 2 bedrooms. 1 Full Bath The question is. what improvements can be made to this property given these preexisting conditions and what would be considered reasonable when considering the variances required to make those improvements? Given tfiis scenario, we feel our proposed plan provides a balance between the need for structure improvements and viable living space while incurring nominal changes in the existing property conditions. We thank you for your consideration, Sue and Paul Hedlund RUN DATE 04/23/96 BATCH 506 HENNEPIN COUNTY PROPERTY INFOIOUTION SYSTEM PROPERTY 0»tJERS LIST REPORT NO. PI435401 Page 13PROP AOOR QNNER NAW TAXPAYER NAME/ADOR 3B 26>118-23 33 0007 01540 LONG LAKE BLVO ROBIN E CRANFORD ROBIN E CRANFORD 1540 LONG LAKE BLVD LONG LAKE MN 55356 38 26-116-23 33 000801570 LONG LAKE BLVO C E TRUMAN ETAL CHARLES E TRUMAN 1570 LONG LAKE BLVO LONG LAKE HN 55356 38 26-118-23 33 001101575 LONG LAKE BLVOEDNA H ALBEEESTATE C" EDNA H ALBEENANCY A 6AHR0N P R920 DAKOTA AVELONG LAKE MN 55356PROP AOOR OHNER NAME TAXPAYER NAME/ADOR 38 26-118-23 33 001201545 LONG L/XE BLVD J E BIGHAM A C A BIGHAM JAMES A CYNTHIA BIGHAM 1545 LONG LAKE BLVO LONG LAKE MN 55356 38 26-118-23 33 003001586 LONG LAKE BLVO ARDIS J SEVERTSON AROIS J SEVERTSON 1586 LONG LAKE BLVD LONG LAKE TM 55356 38 26-118-23 33 003101580 LONG LAKE BLVD JOEL S BOVEE JOEL S BOVEE 1580 LONG LAKE BLVO LONG LAKE MN 55356 PROP AOOR OFMER NAME TAXPAYER NAME/AODR 38 27-118-23 44 0008 01669 NORTH FARM RO JOSEPH H OFFERMAN JOSEPH H OFFERMAN 1669 N FARM RD LONG LAKE MN 55356 TOTAL BATCH 506 00007 ".V. f.‘.A tv • t 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOHLEDGE AN( TELIEF. \. ;w •• *• . . • • . >ci.xcr. I - „ -fik’i kldlLj-) Jk I (we) Adjaceot Property Owners'Acknowledgeineiit Form t. A, 6 L/i<£ 6ll/S have reviewed the plans^or the proposed improvem^t or proposed ^e of the propertv' Ideated at Uy%^lJlA£ also referred to as Land Use Application No.________. I (w^ understand that in e.xecuting this acknowledgement, I (we) am (are) not asked \o^ declare approval or disapproval of the propert>' or use but merely to confirm for the City al^ ^ 'roperty Owner ^perty Ovyner V j, Date I (we) [print name(s)]^rint address] have reviewed the plans for the proposed improvement or proposed use of the property located _______________ also referred to as Land Use Application No.________.. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the Ci^' Council that I (we) am (are) aware of the improvement plans and that the proposed neighbors project or use requires Council approval. Property Owner Date Property Ow^i^Date If you have any information that may assist the City in the review of this Land Use cation, please submit your comments to the Building^^ Zoning Offl^at least 10 day^ to the scheduled meeting date. tAitruHj // C#'11 * iv lormM.mtn.mm •** *> '>■ i«. • I*. AltIf'S ic«6 ift«i tOfemiOk ;■ . \\% \ .•7Z~^ ■. i ; > j ♦ <w . X \ \ \X \ ^ ' '. V! \\ \ v.\ '•>. ' • • • \ \^ 'A \ X 'X 'N • > ^ ,x ' n'. \ % V X V . X X X X X X X X V V ' # X X- ^ ^ 'x, s X i;.'. X ».-•*% 2 Jo ••lOISC'* >u^<{*C0 ** ’J *• •'*0 »^* ••»• *'$:* jf I ft 10 »i «l» ' 'k*.r. i««i M;Si r :'»\ lx.. \«*.r, ii*«40« tj ^m,^ e„..najr .fs ... t^r «D0.r M. M.it,.| «"'* *"► »0C«?..i0 •'. raittini H..,,vr i«r4i0, ^..* 4I1 ^ ** * * ••»* l^r*r.*i II «Ju«. fttjt f..*i.vr* t*> • l*v* t't !••»•» I «or j •#•»•>. . )» r>«' rt. ' a»|,t I t»« • f X»_ I . «•.!•* jr •*••,. \^•.•l. 4»* K|>v>- ••• i»%>i*#i 'IjIu*. X ••W s*« •>Mt*« N • ti ' mr-HM. Q COf HN & GRONBHRG. INC. i .. •■>’-^ > ■ <•: ■ I-J» I 'i . i >-. V,;. ftii.m. »>' l.•■..l.fck At. ••IN • I'lig 1-iL. \|\ ••i: n Mil IXxK ...M. .On «N.t« • >»|X|««N JK «» « <M«0« •» Jr»>» *«|*« !<»•« jn J iN.* I«*« Jh I. X^rXO-^M ..41 ■•M** .INI I MlXi*««« • •NjM »*•• •• M«N .4 \UWNX«4 U*»k X I \i*<xr»44 1 •••» \MiNl IJ'XX yv my-H POOR obiknal D0CUM£N1 ty^. F-i POOR ORIGlNAt DOCUMENT HARDCOVERJil^CULAnOM WUlOvb^bi " SETBACK ZONE; (CIRCLE ONE)75-250’25-500’ ENTSTING HARDCOVER IN ZONE A. House _________ - Ler.{Lh WidJj # • / •. •• » X X X -.r •|B. Garage C, Driveway X X* X X 6 73 « « • X . X X X X Z C y TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B rt€oo X 100 PROPOSED HARDCOVER IN ZONE A. House ______________ Lenguh Widuh X X X S3 33 B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck lo X X ,s F. Landscape ____ Underlain ____ By Plastic ____ Or Fabric G. -©*cr ____ X X X A TOTAL HARDCOVER IN ZONE total PROPERTY *AREA-1N ZONE A ------------ + ® • M t^«« • • • • ••• X 100 - • * 14 • 500-1000’ • W S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. /2.0 h.O S.F. S.F. S.F. 25.2 S.F. N96.3 S.F. /7^(?a S.F. jg'. 79 Cf,/O ioo S.F. S.F. S.F. S.F. S.F. S.F. S.F. ccnty.o S.F. S.F. 124.o S.F. S.F. S.F. S.F. S.F. S.F. , . J . • • A B A B •? >? L eae HARDCOVTER CALCULATlO^VUlOvbHJtL J ‘ SETBACK ZONE: (CIRCLE ONE) 0-75’ 25-500’ to -5/ 'te SvO-1000 ’ # •« • • i.f %» \ !> •>w L t i EXTSTING HARDCOVER IN ZONE A. House ______________ Lengch WidA B. Garage C. Driveway D. Sidewalk E. PatioXD*^ t^L06*a F. Landscape Underlain X X X 3-i X X X X Z.^ 4-1 2.£ X X XBy Plastic. svePS ZZ Or Fabric • / S6<K G. Other £/>r/*i/3Ae«$ 144 Lf x 7><i 0.& TOTAL HARDCOVER IN ZONE ... - TOTAL PROPERTY AREA IN ZONE A ft8 7 + B /CS95 x'lOO PROPOSED HARDCOVER IN ZONE A. House _____________ X Lxngih • X X • X Widd) **•• •* •••••- •mm *• • B. Garage C;* Driveway D. Sidewalk -TTLJilCL E. Patio/Deck •>6Vi F.. landscape __; Underlain irjC^ By Plastic X X X X X X X X X Or Fabric G. Other tCrr,>.-o:-, r lij x TOTAL HARDCOVER IN ZONE total PROPERTY AREA IN ZONE » B X 100 - 240 ___S.F. S.F. ___S.F. ___S.F. ___S.F. • ••• • ___S.F. ___S.F. _ S.F. ___S.F. /O-O. 27-g' S.F. S.F. 40.0 t$£ BS.o _ S.F. _ S.F. _ S.F. 7.9 3 /14^Z S.F. 8S7 /ob^£ S.F. S.F. 0.f4 % S.F. ^1C> ISk S.F. A B S.F. . S.F. S.F. S.F. S.F. S.F. S.F. ___S.F. 5^<r~S.F. « r .• 77f . S.F. ,0 S.F. "s.F. &3'*b s.p. nea.V S.F. S.F. A B ■ ■TOT(^'• (Bm 1 MFORTHARCHITECTS1 •ptofo^C^ &LO/^Tio4 r • H ^«) fcxl<yrlU^ fiuts/t(n»4 • H <^31>FORTHARCHITECTS 1i 'ntoro^o Kl*icrv* «Xe.v»vTi I *I f. HEDLUND RESIDENCBt m l\frin ■ I f■■ ■■ ■■ asa gX>SriKl«i ^Uf-VACflO^l ■s 5*; u9l rx.H FORTH CHITECTS 1 /• » n 3!^ S?jS£? 10 IM Q. GC T<jk»3tL. 'HEDLUND RES.IDENCE I M\L. 12u • •n u Q.oc F(pxn»o«-pt>4 PORTHARCHITECTS !i t\ V ». > l-.r •• .>t I • ^ ,N X;^4 . V #• < . .. . 4 n 'u'^Tr I \lL~ f HEOLUND BESIDENCE *9 m8!1. I I CM . VO ••n tm CL CD • • ‘S<t«4b>‘ ripogu FORTH ARCHITECTS t K/J HEDLUND RESIDENCE CITY OF ORONO SEPTIC SYSTEM APPROVAL CITY of ORONO Municipal OfSccs ChtUI ^2^0066 LOCATION: 1575 Long Lake Blvd. OWNER;Edna Albee GENERAL CONTRACTOR:SEPTIC CONTRACTOR: SITE EVALUATOR: Testing RgpQRy DATE: 1996 The City of Orono has Approved your on-site system design as of January 5, 1996 (approved-disapproved) (date) The site is limited due to steep slopes, mottled soils at 39^148", and fill witli the following comments: soils at approx. 40". Jim Anderson (U of MN) . Bob Koch (Koch's Soil Testing), and Duanne Ritter (Ritter Exc.) believe thr't ® 9^®'^6ll6ss system will function adeguately under these conditions* The City approves this design based on their recommendation and a variance is 9t:‘anted to alxow the septic tanks 50* from •hhe 1.alce as no nphloriF exist. No alternate site is available, but sewer may be available in the THIS IS NOT A PERMIT. This is a design approval form which must accompany the site plan. A permit musfuture be issued to a licensed septic contractor prior to installation. A list of currently licensed septic contractors is enclosed. NOTICE TO INSTALLERS: Any changes to the approved plans and specs must have prior approval of the Inspector (473-7357). Call for inspections 24 hours in advance. ALL DRAINFIELD AREAS MUST BE FENCED OFF prior to building site excavation and fencing must remain in place until final site grading. Approval to pour footings will not be granted until tlie Inspections Department has verified that primary and alternate sites are adequately protected. NO VEHICULAR TRAFFIC OF ANY KIND (cars, trucks, earth moving equipment, etc.) is allowed within 20' of tested drainfield sites either before or after syste< a construction. Compaction of these areas could render them unusable prohibiting the timely completion and o; limiting the long term use of the property. A site copy will be available at the City Offices for the septic contractor. CITY OF ORONO , On-site Systems Manager TSJPHONE-<73-7357 • FAX-473«S10 • • »• KOCH’S SOIL TESTING P.O.BOX 81 LORETTO.MN 55357 TEL: (612) 479-2637 Edna Albce Estate 1/2/96 Job Site: 1575 Long Lake Blvd., Orono, Mn. Percolation tests and soil borings were done on the above lot on 11/7/95 to determine what type of drainfield could be installed to replace the current system which is not a xTe'^^^raBVperedation rate was 19.9 min/m. and the depth to mottled soil was at 39-48 inches.* See the enclosed soil borings and percolation tests for the details. Note: the perc, test and soil borings were done on 11/7/95. , . , • Initially a pressurized system was designed for this properly due to the mottled soil level of39 inches in Soil Boring#!. Upon further soil boring investigation on 12/27/95 with Mr. Jim Anderson (University of Minnesota), Mike Gaffron and Steve Weekman (City of Orono), Duane Ritter (Du^e Ritter Excavating, Rockford, Mn.) and Robert Koch (Koch Soil Testing, Loretto, 1^.) present it was the general consensus that a 10 inch gravelless trench system could be installed. Three soil borings were taken that day (12/27/95) and mottled was oun a 42 inches to 48 inches. It was agreed that the gravelless trench system would be the oreferred system for this lot. . „ The depth of the gravelless on the downhill side should be at least 6 inches into cxistmg soil The soil located in between the trenches should be scarified up with the teeth of the backlioe and similar topsoil (black loam) be added into this area to ensure a minimum cover depth of 6 inches over entire drainfield area. The decision on when the placemen of topsoil will be done will be up to the contractor/installer as proper drainage areas wi have to be developed at the same time. The amount of 10 inch gravelless pipe needed for a 3 bedroom home b^ed on 450 gal./day water usage with a perc. rate of 19.9 min./inch would be of the following size: Overall size: 750 sq.ft. Total amount of pipe needed: 250 ft. t-. r ^ However, it was felt that only 80% of the pipe would be filled with effluent. Therefore, the system should be increased by 20% or to a size of 900 sq. ft. Overall drainfield size: 900 sq. ft. Total amount of 10 inch gravelless pipe needed; 300 ft. , « nr r,mn This would amount to using 5 trenches. (1-50 ft., 1-95 ft., 1-80 ft., 1-70 ., - ) P boxes should be used to distribute effluent to the trenches. Two 1,000 gallon sealed septic tanks should be used. These tanks should be pumpe ou every 2-3 years. This practice will enhance the life of tiie system. Robert Koch MPCA Certified \\. « •/V /f'/- V; ''o/.^^ ^Jk7^ j-f *iidPECT *5?YV «RIILDINO &r. OftGfia RSVUKi» PERMIT NO. X APPROVcO .AS SUBMITTED T approved with corrections as noted fV -, ■ 1 >^A-»A£w " NOT APPROVED — CORRECT & RESUBMIV .naM coBHi»*ntt are for youf Infofmallon. All wortc st>aii •*•0 # tan compllanca |wlth aU appUccWa bulfchhB & zorlnc «UUi # <• Mamnts In-fuding Hams not spacWcaiiy nt/tad irt Wa oKif <PFP THIS j^N SET ON SITE AT ALL TIMW / ^ fJ 5^r >• V_x • 1 ^ »1 < k ______ 1• • . 1 1 f VJ S\>siLy^>5^ Cc^/v-vv;? 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I - T 'mm r} Sl-.<-^v:;- •K^llU. urnriw Mil llij TTWi iiimr mMRl riTfsiirtriwti rtMimriic •IC^IIli. •liJIWl »iTi^ruvfi ro««^wtnct]^■i?.riTtnp.i RTHiXTiann ^ M U MI I rt ■ M Ml (IMS 11 L« rtjffura [^VutriiTiT^ rt7ismt)«vt] ttiiraiwTi •HKlliTI^ ^miirtjurt] ^TiTtBiiriitnimmc ^niT^ RMUTi RlSiir«Ulil8Ud|lBra wfnira KimctTiKt] ^IWTOlJ •JtJIIHSi Mililiwnfw Request for Council Action continued Page 2 September 19, 1996 / Updated October 23, 1996 #2159 James and Joann Jundt, 1400 Bracketts Point Road repair the roof. Please review the discussion on Page 2 of the August 14 memo regarding the conformity of this structure. Hardcover Existing 0-75' hardcover on the propert}- e.xcluding the public roadways is less than 1% of the 0-75' zone. While applicant's submitted hardcover calculations indicate a 250 s.f increase in hardcover, applicant indicates that is incorrect and reflects a prior application, and in fact there is no expectation that additional hardcover will be added as part of the restoration work proposed. Planning Commission indicated that they have no problem with the hardcover aspect of this application. Planning Commission Recommendation At their September 16 meeting. Planning Commission voted 6 to 0 to recommend approval of the restoration/repair/cosmetic upgrading of the stairways, retaining w'all and grotto. Planning Commission directed applicant to work with staff regarding the boathouse repairs, but specifically did not approve any variances for the boathouse structure, and indicated that depending on the work ultimately proposed, that may have to come back for a further separate review. Planning Commission noted the following hardships which support the restoration work for the grotto, retaining wall and stairways: 1.The property is unique for a number of reasons, including its age, its history and the fact that applicants have been diligently restoring the property to its former splendor. 2.The proposed work involves restoration of amenities or structures which already exist, and does not propose any new buildings or amenities. 3.The 650' length of the eastern shoreline justifies the existence of as many as four lakeshore stairways to provide access to the lake from the higher portions of the property which are as much as 25' above lake level, and the steep slopes east of the house suggest the need for stairway access. Planning Commission noted that the boathouse would not be permitted if it were proposed to be constructed today, but members indicated that the boathouse appears to be an amenity which, in the context of ths ‘ entire property, should be allowed to be restored. Factors which M Request for Council Action continued Page 3 September 19, 1996 / Updated October 23. 1996 #2159 James and Joann Jundt, 1400 Bracketts Point Road may justify structural repair to the boathouse include its age, its connection with the historj' of the property, and its unique former function as a "changing room" with a divider for a boys' side and a girls' side. Planning Commission suggested that applicant work with staff to detemiine the cosmetic versus structural nature of contemplated repairs, if structural restoration variances are necessary- to bring that back as a separate application. Stafl* Recommendation Staff concurs with Planning Commission that the stairways, retaining wall and grotto should be restored. Additionally, Council should give applicant direction regarding the restoration of the boathouse. A res'' uion for approval of the restoration of the stairways, grotto and retaining wall is atta "or Council adoption. Options for Action 1. Approve per attached resolution. 2. Approve per attached resolution with revisions. 3.Table for further information. 4. Conceptual denial. 5.Other. COUNCIL ACTION REQUESTED: Adopt attached resolution or take other appropriate action. PROPOSED MOTION; Moved by , seconded by , to adopt Resolution No. granting lakeshore setback and 0-75’ hardcover variance approval for restoration of lakeshore stairways, retaining wall and grotto for James and Joann Jundt at 1400 Bracketts Point Road. Vote: ____ayes,_____nays. I A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISIONS 1 AND 2, 10.55, SUBDIVISION 8, AND 10.56, SUBDIVISION 16 (C & L) FILE NO. 2159 WHEREAS, James and Joann Jundt (hereinafter "the applicants") are the owners of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "the City") and legally described as follows: (Exhibit A attached); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision 8 and 10.56, Subdivision 16 (C & L) to permit the restoration of an existing retaining wall, underground grotto and lakeshore stairway system located within the 0-75' lakeshore setback zone where no hardcover or structure is normallv allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was review'ed as Zoning File #2159. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on September 16, 1996 and recommended approval of the proposed variances to restore the lakeshore stairway system, retaining wall and underground grotto, based upon the following findings: Page 1 of 5 4. 5. A.The propert' is unique for a number of reasons, including its age, its history an i the fact that applicants have been diligently restoring the property to its former splendor. B.The proposed work involves restoration of amenities or structures which already exist, and does not propose any new buildings or amenities. C.The 650 ’ length of the eastern shoreline justifies the existence of as many as four lakeshore stairways to provide access to the lake from the higher portions of the propert> which are as much as 25’ above lake level, and the steep slopes east of the house suggest the need for stairway access. 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. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Couricil hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision 8, and 10.56, Subdivision 16 (C & L) to permit the lestoration of the existing lakeshore stairway Page 2 of 5 i system, retaining wall and underground grotto, subject to the following conditions: 1. 2. 5. The restoration work shall not exceed that contemplated or proposed in the submitted plans. Hardcover in the 0-75' lakeshore setback zone shall not exceed the pre-existing level of 0.7% as indicated on the site restoration plan attached as Exhibit B. Applicant is advised that any future proposal to add hardcover in the 0-75' lakeshore setback zone might be approved only in conjunction with the concurrent removal of existing hardcover, resulting in no net increase in hardcover in the 0-75' zone. Structural restoration of the existing boathouse is specifically not a part of this approval, and structural repairs to that building shall be reviewed by the Inspections Department and if determined to require variances, shall be brought forth to the Planning Commission and City Council as a separate application. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the dale of Council approval, or this variance will expire on that date (October 28, 1997). Violation of or non-compliance 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. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 . li Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of October, 1996. ATTEST: Dorothy M. Hallin, Citv' Clerk Edward J. Callahan, Jr.. Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )1 The foregoing instnunent was acknowledged before me on this 28th day of October, 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 CITY OF ORONO P.O. Boi 66 Cry St? I Bay, MN 55323 473-7357 APPLICATION NO. A‘2159 NOTICE OF COUNCIL ACTION Date of Notice: September 24, 1996 TO: James and Joann Jundt 1400 Bracketts Point Road Wayzata,MN 55391 COPIES: Kraus Anderson Construction Midwest Division P.O. Box 158 Circle Pines, MN 55014 Attn: Scott Crawford TYPE OF APPLICATION: Variance DATE OF MEETING: 09/23/96 Tom Crosby Faegre & Benson 2200 Norwest Center 90 South 7th Street Minneapolis, MN 55402-3901 VOTE: 4 FOR 0 AGAINST COUNCIL ACTION - MOTION: Tabled because applicant was not present. This item will be rescheduled for the October 28 Council meeting (no Zoning items will be scheduled for the October 14 meeting due to a Highway 12 public information meeting scheduled that night). If you desire certified copies of tlie official Council minutes, they are available from the City Clerk after review and approval by the City Council. Isv CITY OF ORONO P.O. Box 66 Crjstal Bay, MN 55323 473-7357 TO: James and Joann Jundt 1400 Bracketts Point Road Wayzata, MN 55391 ZONING FILE #2159 NOTICE OF PLANNE^G COM3nSSION ACTION DATE OF NOTICE: September 19, 1996 COPIES: Kraus Anderson Construction Midwest Division P.O. Box 158 Circle Pines, MN 55014 Attn: Scott Crawford Tom Crosby Faegre & Benson 2200 Norwest Center 90 South 7th Street Minneapolis, MN 55402-3901 TYPE OF APPLICATION: Variances DATE OF MEETING: 09/16/96 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: 1. 2. Approval of restoration of stairways, grotto and retaining wall. Boathouse variances not approved, applicant to work with staff to determine extent of repairs possible without variances; bring back as a separate application later if variances still required. Applicant’s next scheduled meeting is confirmed as: City Council, Monday, September 23, 1996; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. D TO;Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE:August 14,1996 SUBJECT: #2159 James and Joann Jundt, 1400 Bracketts Point Road - Variances Public Hearing Zoning District: LR-IA, Single Family Lakeshore Residential, 2 acres, unsewered. Application: Request for lakeshore setback variance and 0-75' hardcover variances for restoration of existing boat house, grotto and lakeshore stairway system. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Survey/Site Plan E - Site Plan Enlargement F - Construction Plans G - Hardcover Calculations H - Photos I - Floodplain and Wetlands Management codes re: nonconformities Summary of Request Directly east of the residence and at the shoreline of this property exist the following amenities: Limestone rock stairway leading down the lakeshore bank; a second, narrower stairway also exists approximately 100' north. - Circa 1930 "boat house", approximately 12'xl2‘ used for storage only Retaining wall and underground "grotto" room, approximately 12’xl6' plus 5'x6' entry. Applicants propose to do restoration work on the two stairways, interior cosmetic remodeling of the grotto, repair of the adjacent retaining w all and major renovation of the boat house. Discussion The stairway directly east of the house is one of four stairway systems that provide access to the east shoreline of the property’, which is approximately 650' in length. The other stairway systems include a stairway to the dock at the southeast comer of the property; a short segment of stairs centrally 1 r. ^ - #2159-Jundt August 14, 1996 Page 2 located just above the shoreline and about 150' south of the boat house; and a narrow stairway traversing the slope approximately 100’ north of the boat house, and which is virtually hidden and unused at this time but also proposed for renovation. The work proposed on the stairways is relatively minor in nature, and includes leveling and resetting the existing stair slabs, plus replacing the existing metal handrails with a new decorative cast aluminum handrail. The hidden stairway further north is also proposed to be leveled and reset. It appears that witji some minor work near the shoreline the northerly stair system would connect to the flat terrace area on which the boat house is located (see Exhibit E). Secondly, applicants propose to make major repairs to the existing "boat house". This structure is in poor condition, likely due to a failing (or lacking) foundation. The proposed work includes: replacement of existing shingle roof with new cedar shakes and new eyebrow window- replace and modify virtually all existing windows and doors replumb existing structural frame and reclad with new clapboard siding pour a new concrete floor add a new concrete step After discussion with the Building Inspections Department, it would appear to staff that th’s structure is being virtually rebuilt from the ground up, absent saving the interior framing. This building is actually not a "boat house" in the sense that it would shelter a boat, but is merely a small storage building. It has no apparent architectural significance. City codes regarding such non-conforming structures limit the degree of allowable repairs to 50% of the building's value at the time it became non-conforming (1975 or earlier). In this case the needed structural work would appear to substantially e.xceed its current and former value (old City assessor's records do not even list this U building, much less establish a value for it).u The grotto structure is of a somewhat different character, however. It is essentially an underground room, built into the hillside and faced with a rock retaining wall. Its function has not been discussed by the applicants but the work proposed for it is mainly cosmetic, including: adding stucco interior wall and ceiling panels adding a decorative light fixture restoration of existing wood doors - restoration of the existing stone retaining wall k- ...— #2159 - Jundt August 14, 1996 Page 3 Hardcover Applicants’ hardcov er calculation worksheet indicates that the vast majority of hardcover in the 0-75' zone (including the east shoreline and west shoreline of the property) is in the public roads and driveway entrances. The existing stairways, boat house, etc. account for less than 1% of the 0-75' zone. The hardcover calculations also include some entries which are confusing, such as showing an additional 250 s.f of driveway, as well as varying numbers for patio deck, pathways and additional retaining wall. .It is not clear from the plans where these hardcover increases are intended to take place. Applicants or their representative should clarify the hardcover calculations. Staff has lelf a message with the project manager requesting clarification of the hardcover calculations. Issues for Discussion 1. 2. 4. 5. 6. Given that the Shoreland Ordinance does not specifically limit the number of 4' wide stairways that can be placed on a property, but realizing that more than one such stairway per property may constitute excess hardcover, does Planning Commission have a concern about the number of stairway systems serv ing this property? Since the existing stairways traverse the slope at an angle rather than running directly to the lake, does Planning Commission feel there is any justification to have applicant reroute the stairways more directly to the lake? Or, is the potential visual impact of direct stairways lessened by allowing them to angle through the wooded .shoreline? 3. Is there sufficient hardship demonstrated to justify the nearly total reconstruction of the 12'xl2' boat house, given its deteriorated condition and lack of architectural significance? Are the mainly cosmetic changes to the grotto area and restoration of the adjacent rock retaining wall of any significant visual impact? While applicants have not proposed removal of any vegetation related to this project, what vegetative screening might be appropriate to add, if any, to mitigate the impacts of the retaining wall (or the boat house if proved)? What specific hardcover increases are proposed? Are they justified by hardship? Is there any hardcover in the 0-75' zone that can be removed to result in no hardcover increase? #2159 - Jundt August 14,1996 Page 4 Staff Recommendation If Planning Commission finds that the restoration of the stairway above the boat house/grotto and restoration of the stairway to the north are justified by hardship, perhaps for both safety and to provide reasonable access to the lakeshore, then a recommendation for approval of the stairway restoration would be appropriate. •»- It is staffs opinion that it would be difficult to make the necessar>' findings of hardship to justify allowing the existing 12'xl2’ "boat house" to be restored. Please review the nonconformities section of the Floodplain and Wetlands Management ordinance (Exhibit I) which applies to those areas less than 75' from the lake. Section 10.55, Subd. 26(B) states that "no structural alteration or addition to any nonconforming structure over the life of the structure shall exceed 50% of its value at the time of its becoming a nonconforming use ..." The existing structure has been nonconforming since at least 1975 or before, and the proposed construction w ill certainly exceed 50% of its former value. Finally, if Planning Commission finds that the cosmetic changes to the grotto and the restoration of the adjacent retaining wall are supported by adequate hardships, then a recommendation for approval may be appiopriate. Planning Commission should address whether hardcover removals are necessary. Options for Action 1. Recommend approval as proposed. 2. Recommend approval with conditions. 3. Recommend partial approval. 4.Table for further information. 5. Recommend denial, stating reasons. 6.Other. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2159 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 20, 1996 TO: James and Joann Jundt 1400 Bracketts point Road Wayzata, MN 55391 COPIES: Kraus-Anderson Construction Midwest Division P.O. Box 158 Circle Pines, MN 55014 Attn: Scott Crawford Tom Crosby Faegre & Benson 2200 Norwest Center 90 South 7th Street Minneapolis, MN 55402-3901 TYPE OF APPLICATION: Variances DATE OF MEETING:08/19/96 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: Tabled at applicants’ request. Applicant’s next scheduled meeting is confirmed as: Planning Commission, Monday, September 16, 1996; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. i Application # I ^ _____ Date Received 'f —^C.- Amount Paid C ■ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S220.00 (S50.C0 per each additional variance) Renewal Variance Fee S120.00 ^ (no change from original application) Variance for non-conforming structures S220.0<i^_05^ * ‘ * _ __ __ —^ . . t • . • \ fti A ex'/ A Afrer-the-Fact Fees (Double application fee)t‘ t!e*v- . ** • (i:___w' ■r\ V PROPERTY INFORNUTION Site Address 1400 Bracketts Point Road. Orono. Property Identification Number (P.I.D.I ll-117-23-33~0001 Attach legal description to application if not included on required survey. Date Property Acquired March. 1992 ----------------------------------------------(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property; X residential ___other (specify),------------------ ■ ■ Zoning District:___________________________________________________________— APPLICANT Kraus-Anderson Construction j^ame Company, iMidwest Division Phone (home). Address; P.O. Box 158 _____ Phone fwork^ (612) 786-7711 City; Circle Pines_____Zip:__5SHL4. OWNER (if different than applicant) ^ame James and Joann Jundt Phone rhome') (6121 473-9524 Phone (work)_______________ Address: 1400 Bracketts Point Road City: Orono Zip:_5i3ai DESCRIPTION OF REQUEST Estimated Constmedon Cost $ Describe request in detail; Restoration work to existing Boathouse wictfing Grotto and Stone Refcaininy Wall /Boathouse Built 1930)_(GrotO BuiJt Pre~19 1D (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ____ Lot Width X 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 preventmg compliance with Zoning Code requirements: The existing Boathouse, Grotto and Stone Retaining Wall are in damaged, broken and unsafe condition and nr to be restored and repaired. (attach additional sheets if necessary) REQUIRED SL^NnTT.AJLS v/ *V - All of the following information must be submirted bv the appUcatiorrdeadlin'e date in order for vour application to be considered complete: 1. 9 X J. X Completed Application Form Certified Property- 0\vT.ers List of owners widiin 150', labels and plat map (you must obtain this list, labels and map horn Hennepin Count>- Depanment of Finance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/:’’ x 11" for reproduction. Topographic sur.ey (existing and proposed elevations) if any changes in e.xisting grade'are proposed. In addition, provide one (1) copy S‘/:" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy S'/s" 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. (Photos) ♦TFESE ITEMS HA\T: BEEN PREVIOUSLY SUBMITTED TO THE CITY OF OiOJO. The Applicant and Property Owner must sign this application. Please remember that y^uj; variance application is not complete if the above information has not been included, .APPLIC.ANT ’S sign .ature The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review ot this application, and certifies that the information supplied is true md correct to the best of his/her knowledge. 4. 5. 6. 7. 8. .Applicant's Signature true md correct to the best of hisj Date OWER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entiy onto the propert>- by Cir/ staff, consultants, agents, Commission members, and Council me,mbers for purposes of investigation and venfication of this request. Owner's Signature Date Applicant must have all subminals 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, ple^e make arrangements to have an authorized agent anend in your place and to advise the Building Sc. Zoning Office of this change prior to the meeting. UUIl DAU 00/26/9SDATCII OOAPROP AOOR O-tCR HAItE TAXPAYER »IAHE/ADOR SB 11-117-23 32 BOOT 01<i00 BRACKETTS POIMT RD J R JUNOT A MARY J JUNDT JAMES R JUMOr BOX 1CRYSTAL BAY ?H 55323 IILiaiLl'lli CUUMTY PROPERTY IlirORMATiai SYSTEM PROPER IY an ICRS LIST3B 11-117-23 32 0010 012A5 BRACKETTS POIMT RO MICHAEL E LYNM III t HITE MICHAEL A JORJA LYTAI 111 12A5 BRACKETTS POIMT MAYZATA TW 553YI REPORT MO. PI'i5D<iOl PACE 123B 11-117-23 32 0011 01A20 BRACKETTS POIMT J R JUMOT A M J JUIIOT JAMES R JOMOT BOX 1CRYSTAL BAY MH 55525 PROP AOOR OHICR tIAME TAXPAYER IIAME/AOOR 30 11-117-23 32 0017 01300 ORACKETTS POINT RO CEORCE S PIUSOMRY ET AL GEORGE S PILLSOURY AOOO FIRST OATH PLACE MPLS TtT 55<T02 30 11-117-23 32 0010 01220 ORACKETTS POIMT RO ELLA P CROSOY ELLA P CROSOY 1220 ORACKETTS POIMT RO MAYZATA TIT 55591 30 11-117-25 32 0019 01200 . ORACKETTS POIMT RO JOHM S PILLSOURY JIT ET AL JOHM S PILLSOURY JR AOOO FIRST BATK PLACE MPLS It! 55'*02 •^Li PROP AOOR n«TER NAME TAXPAYER MATTE/ADDR SB 11-117-23 33 0001 01420 ORACKETTS POINT RO J R JUNOT A TT J JUMOT JAMES R JUMOT BOX 1 CRYSTAL BAY TTN 55323 30 11-117-23 33 0004 01450 BRACKETTS POINT RO MARTHA S A A LACHLAM REED lURTHA S A A LACHLAM REEO 1500 BRACKETTS POIMT RO MAYZATA TtT 55391 30 11-117-23 33 0005 01400 ORACKETTS POIMT RD R A L HEAORICK ROGER L A LYItl C HEAORICK 1400 ORACKETTS POIMT HD MAYZATA TtT 55391 PROP AOOR atlER MAME TAXPAYER ITAME/ADDR 30 11-117-23 33 0006 01500 BRACKETTS POINT RO MARTHA S A A LACHLAN REED MARTHA S A A LACHLAM REEO 1500 BRACKETTS POINT RD MAYZATA TBI 55391 TOTAL BATCH 004 00010 1 CERTIFY THAT THE TACTS REPRESENTEO ARE AM ACCURATE AMO TRUE REPRESENTATION OF IMTORMATION AS IT APPEARS THIS DATE Wl THE RECORDS or THE HEMMCPIM COUNTY DEPARMIEMT OF PROPERTY TAXATIWI. TO THE BEST OF MY KMOHLEOGE AMD OELIEF. DATE /r * ‘ cT/• ■/4-' J ’ ■ '^/ •'/ f ■' / .^/ >;/;» • / ^*1 :.V I \A <«/ ■"-a.';.; I ^ *• I-7 _-/ -^ / \ \ V \ ^ V * •j .. N , n 'x \ . T 5 i;3 iiS? •%v # » • J'!'O'/ ' i-^ \ » • ! -i \f'. ; \ ^ r. V ' C A i I •{» »« / / y ‘ / * • * i ' '' ' /Ml » / r ' / 4- » ' ' /•/f ' « I /// /^ . I / '/ \ /^5 >r ' \ \ X * f; \T.\ ! 'X • / / X : t /\ C I ! •I < -i \- V.J' • I ■i ;i V’ V \ /I \ - 4 /^^-v.iP1/ » I I *1 \ X « 'i ;>.V /A. a * ? 1 •1 I » 1» I ^> f r iIm ^• i! ,'5 3 » ' I r •' F /j>. .'> / i i 7 ; B.' -i/'' 'i; ;■ \ i 1 • * ' ! 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House Boat_________ x Lengdi Width X X X B. Garage C. Driveway (Public)X X D. Sidewalk (Stone Steps)X X E. Patio/Deck X X F. Landscape Underlain By Plasdc X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 21.557.5 ^ B 130,834 x 100 « PROPOSED HARDCOVER IN ZONE A. House Rnat- Length WtdLi X X X B. Garage C. Driveway (Public)X x D. Sidewalk (Stone Steps)X X E. Patio/Deck Pathways X X F. Landscape Underlain By Plastic X X X G. Other Retaining Wall TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 21,939 -i- B 130,834 x 100 500-1000* 196 S.F.'' S.F. S.F. S.F. S.F. 20.591 S.F;A' S.F. 525 S.F. / ' S.F. 245.5 S.F. S.F. S.F. S.F. S.F. S.F. 21,557.5 SF. 130,834 S.F.B 16.47 r / 196 S.F:/ S.F. S.F. S.F. S.F. 20,591 S.F. 250 S.F. .// 525 S.F. S.F. 187 160 S.F. S.F.. S.F. S.F. S.F. S.F.- 21,939 S.F. 130,834 S.F. 16.76 % A B 1 , i Is CO |sIjs 5 s 3 % *• ^i2 • -'Vr k' ‘ ^ ^ ' y • , .V. 'i4^ -' ^ '“i: ■ - -i • r»w ^ r ^-V t*'* •^'' - • '.* r. ry /> < 0> cto y East Shoreline J (Jundt Residence - 1996) Vi 1 Ir ▼ / r; I a ; >►• _ '■ ■• .-> .' Existing Groto Ei (Jundt Residence 4T^ ► .-:Su'l'-Cv •* T?, ■‘»-’ '■/ . •) ■-n 1%'* ' • ^ ^ — rjf ‘ V- i-J -4 i.fMi M mSA .^>v sv y/i \ •*r*. ' . A ««» - X -tfL-fr-—, *.* '^ ” ” ^ 1 - -> *^*4" E>:isting Boathouse/Grotto - East Elev. l (Jundt Resideiice - 1996) ■■ t at" > CL, ro O ir>ocn ooc<n :•■ V^- V J' *w »* '^^^il^sAai :w- - ♦' - i— ' ^ M At^<V- K v4fe4^ i -, • ^0 : * -c-r- v^ ^ Cite ^ ■ =^/5^ ■ • ‘^,,.,.v< .VC # V;» * * ' ---^ ^ *• I ,' •'■ ^■’.■ h {■Y‘l . V v: ''V . ^S ■■ ^”?r *5^’'Ksju' \>•«_ »*■ ■'■' j: 5^>-'^V- ’w- *< if- - ; ' /•' ft-. -ii-.>t'^-T:^- . - . ' 'i*'. .IK* .V. «■ - ‘^H.V^ '"', ■ V'... *' rs1^ 'r-: YM |j Exisi H (June Dngna Existing Boathouse - South Elevation (Jundt Residence - 1996) V . .. ,.<yi V “ ■j^- - : ■ [,. ?ff? r , '' 7 ‘•A* . J.' v-^.'m'JW^'^; ■ V' '. -V "'.-i. • . r.. r.- > ■ :• jfVv ■' • . •'•.>*:■■ • ‘ ' .■^<- . > . •• •> , V • '"' x ' in - >r ^ ^ *» ^ 'i'Jr !«-.. Ly..^ . .' : -• ; •''‘^r’ x-L /.;> / ^ .+•. -♦it'- ' . :• ;.V^V^'V*7^ V . V-' rV.', .4,<r. 4>f«. s 10.55 Subd. 26. Non-conforming Uses. A structure or the use df a structure or premises which was lawful before the passage or amendment of this Section but which is not in conformity with the provisions of this Section may be continued subject to the following conditions: A. No such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity. B. No structural alteration or addition to any non- conforming structure over the life of the structure shall exceed 50 percent of its value at the time of its becoming a non-conforming use, unless the structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential .flood damages for the entire structure. C. Any alteration or addition to any non-conforming use which would result in substantially increasing its flood damage potential shall be protected in accordance with Subdivision 14, Subparagraph E of this Section. D. If such use is discontinued for twelve consecutive months, any future use of the building premises shall conform to this Section. The assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses which have been discontinued for a period of twelve months. E. If any non-conforming use is destroyed by any means, including floods, to an extent of 50 percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this Section. However, the City may issue a conditional use rmit for reconstruction if the use is located outside the floodway and, upon the reconstruction, is adequately flood proofed, elevated or otherwise protected in conformity with this Section. F. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non-conforming uses. G. Except as provided in Subparagraph E above, any use which has been permitted as a conditional use shall not be considered as a non-conforming use. H. Non-conforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained in this Section within a reasonable period of time as determined by the City, after a hearing for each such non- conforming use. The Council shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such non-conforming use, by reason of the limitation on establishment of competing businesses ORONO CC 375 (4-1-84) J S 10.55as a result of this Section, shall bv> considered as a reduction of losses resulting from the requirement of termination of the use under this Section. Subd. 27. Amendments. The flood plain designation or the official maps shall not be removed from flood plain areas unless it can be shown that the designation is in error and that the area is at or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Section including amendments to the official maps must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official maps also require prior approval by the Federal Insurance Administration. Subd. 28. Interpretation. In their interpretation and application, the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. The boundaries of the Flood Plain Districts shall be determined by scaling distances on the official maps. V7here interpretation is needed as to the exact location of the boundaries of the district as shown on the official maps, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the City Engineer shall make the necessary interpretation based on elevations on the regional (100-year) flood profile. The person contesting tae location of the district boundary shall be given a reasonable opportunity to present his case to the City and to submit technical evidence if he so desires. Subd. 29. Abrogation and Greater Restrictions. It is not intended by this Section to repeal, abrogate or impair any existing ordinance, regulation, easement, covenants or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Section shall prevail. Subd. 30. Warning and Disclaimer of Liability. This Section does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Section shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder. Source: Ordinance No. 213 Effective Date: 1-11-79 ORONO CC 376 (4-1-84) To:Chair Lindquist and Orono Planning Commission Members City Administrator Moorse From: Date: Subject: Michael P. Gaffron, Asst. Planning & Zoning Administrator September 11, 1996 #2159 James & Joann Jundt, 1400 Bracketts Point Road - Variance - Continuation of Public Hearing - Rev ised Proposal This item was tabled without discussion at the August 19 meeting at the applicant's request. The applicants have revised the application by proposing to remove the boat house rather than reconstruct it. The review’ should focus on the proposed stairway, retaining wall and grotto restoration. L t c~ OCT 2 3 ]99g REQUEST FOR COITSCIL ACTION Cfrv OF ORONO DATE: October 23. 1996 ITEM NO.: ^ Department Approval: Name Michael P. Gaffron Title Asst. Planning & Zoning Adminisfator Administrator Reviewed:Agenda Section: Zoning Item Description: Zoning Code Amendment, Sections 10.40/10.44/10.45: B-1 Retail Sales Business District, B-5 Limited Neighborhood Business District and B-6 Highway Commercial District - Adoption Lbt of Exhibits A - Proposed Amendment B - Memo and Exhibits of 10/14/96 At their October 21st meeting. Planning Commission reviewed and recommended approval of an ordinance to amend the B-1, B-5 and B-6 Zoning Districts as follows; 1.In the B-6 Zone, Class I restaurants (sit-down restaurants, no liquor or live entertainment) become a conditional use rather than a permitted use, and Class 1 restaurants with a drive through will no longer be an allowed use in the B-6 Zone. 2.Home and Garden Equipment Rental is deleted as a conditional use in the B-5 District and added as a permitted use in the B-1 District. The background discussions are contained in the attached exhibits. Stair Recommendation Staff recommends adoption of the attached ordinance. COUNCIL ACTION REQUESTED: Adoption of the attached ordinance. Proposed Motion: Moved by , seconded by , to adopt Ordinance No. , 2nd Series, an ordinance amending Sections 10.40, 10.44, and 10.45 of the Orono Zoning Code by adding, deleting or amending certain permitted or conditional uses within the B-1 Retail Sales Business District, the B-5 Limited Neighborhood Business District and the B-6 Highway Commercial District. Vote: _____ayes,_____nays. ORDINANCE NO., SECOND SERIES AN ORDINANCE AMENDING SECTIONS 10.40, 10.44 AND 10.45 OF THE ORONO ZONING CODE BY ADDING, DELETING OR AMENDING CERTAIN PERMITTED OR CONDITIONAL USES WITHIN THE B-1 RETAIL SALES BUSINESS DISTRICT, THE B-5 LIMITED NEIGHBORHOOD BUSINESS DISTRICT AND THE B-6 HIGHWAY COMMERCIAL DISTRICT The City Co incil of Orono ordains as follows; Section 1. Municipal Zoning Code Section 10.40. Subdivision 3( A) is hereby amended by adding the following use to the list of permitted uses in the B-1 Retail Sales Business District: "32. liome and garden equipment rental." 9 Section 2. Municipal Zoning Code Section 10.44, Subdivision 4 (A) is hereby amended by deleting the following use from the list of conditional uses allowed within the B-5 Limited Neighborhood Business District: "6. Home and garden equipment renta.." S •'•♦'in 3. Municipal Zoning Code Section 10.45, Subdivision 2 is hereby amended by deleting the following use from the list of permitted uses within the B-6 Highway Commercial District: "E. Restaurants (Class I)." Section 4. Municipal Zoning Code Section 10.45, Subdivision 4 is hereby deleted and the following language substituted in its place: "Subd. 4. Relationship nith Chapter 10.53 Planned Unit Development. Other types of commercial uses and mix .d use developments may be applied for through the planned unit development process. Applications that include commercial uses within the Highway 12 Corridor shall assume the B-6 District as the underlying zoning district. Subd. 4.1 Conditional Uses. A. Within any "B-6" Highway Business District, no structure or land shall be used for one of the following uses except by conditional use permit: 1. Restaurants (Class I). 2. The following uses when such use includes a drive-thru condition: a. Offices (business and professional). b. Banks and financial institutions. c. Libraries. d. Motels and hotels." To: From: Date: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Assistant Planning & Zoning Administrator October 14, 1996 Subject:Zoning Code Amendment, Sections 10.40/10.44/10.45: B-1 Retail Sales Business District, B-5 Limited Neighborhood Business District and B-6 Highway Commercial District - Continuation of Public Hearing List of Exhibits A - Revised Amendment per Work Session Discussions B - Memo and Selected Exhibits of September 11, 1996 Discussion Ihis item was tabled at your September meeting pending a work session which was held September 27. At that work session. Planning Commission reached the following conclusions: 1.In the B-6 zone. Class I restaurants (sit-down restaurants, no liquor or live entertainment) should become a conditional use rather than a permitted use, and Class I restaurants with a drive-thru should no longer be an allowed use in the B-6 zone. 2. Home and garden equipment rental should be deleted as a conditional use in the B-5 district and added as a permitted use in the B-1 district. 3. All other suggested amendments to the B-5 zone should be reviewed in a more comprehensive manner at some future date, since the business owners need to be involved in the discussions and none of the [ eviously suggested revisions is of critical importance at this time Reasons offered in support of elimi.iating drive-thru restaurants in the B-6 included: - The City’s intent for the B-6 zone is for a low-key, locally oriented commercial district, to provide for a limited range of commercial uses. - A drive-thru restaurant may set a negative trend in the development of the Highway i2 corridor, especially if such a restaurant is the first use developed in the corridor. The continuous traffic from early morning to late evening, especially during mealtimes, is not the orientation intended for the limited range of commercial Zoning Code Amendment October 14. 1996 Page 2 uses contemplated in the B-6 district. Potential localized problems of trash, odors, and the potential to become a "hang-out" due to proximity to the Orono Schools, are all somewhat negative aspects of a drive-thru restaurant use. Elimination of drive-thru restaurants does not eliminate the possibility of sit- down restaurants, coffee shops, etc. which would ser\e both the general public and the other uses contemplated for the B-6 district. It should be noted that Class II restaurants were never allowed in the B-6 district. Class II restauiants are defined in the Zoning Code as "Fast food convenience, drive-in and liquor service restaurants. A restaurant where a majorit)' of customers order and are served their food at a counter in packages prepared to leave the premises, or to be taken to a table, counter, automobile, or off the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served; or restaurants which serve intoxicating hquor or have live entertainment." Staff Recommendation Based on the work session discussions, staff has drafted an ordinance retlecti.»g the above noted changes. Planning Commission may recommend approval per the diaft ordinance as attached. Options for Action 1. Recommend approval as drafted. 2. Recommend approval with revisions. 3.Table for further discussion. 4.Other. This item will be placed on the Council ’s October 28 agenda for final action. TO:Chair Lindquist and Orono Planning Commission Members Ron Moorse, Citv Administrator FROM: DATE: Michael P. Gaffion. Asst. Planning & Zoning Administrator September 11, W6 SUBJECT: Zoning Code Amendment - Sections 10.44, Subd. 3-5 and 10.45, Subd. 4: B-5 Limited Neighborhood Business District and B-6 Highway Commercial District Public Hearing List of Exhibits A - Proposed Amendment B - Existing B-5, B-6 Code Sections: 10.44, Subd. 3-4-5 and 10.45, Subd. 4 C - Section 10.61, Subds. 4-10: Parking Performance Standards D - Lord Fletchers/Navarre Parking Lot Agreement E - Map of existing B-5 zones and uses Suinmar)' of Proposed Amendment On August 26th the Cit> Council adopted Ordinance No. 149,2nd Series, rezoning the Grace Baptist Church property from LR-IC residential to B-5 Limited Neighborhood Business District. As part of Planning Commission ’s review prior to that rezoning. Planning Commission suggested that certain uses allowed in the B-5 District may no longer be appropriate. These included "tobacco shop" as a permitted use, and "home and garden equipment rental", "kennels", and "off street parking" as conditional ires. Council directed staff to proceed with such an amendment of the B-5 District, and also directed that the B-6 conditional uses should be amended at the same time, to eliminate " drive-thru restaurant" from the list of allowed conditional uses. B-5 Revisions The B-5 District is intended to "provide a district for businesses that supply commodities or perform a service primarily for residents in the surrounding neighborhood, which businesses are not high traffic generators and do not necessitate an inordinate amount of hardcover. . . Because of the location of the B-5 District as contemplated in the area known as Navarre in the City, the uses are limited in order to limit the hardcover in that area and to limit the future generation of traffic for that property in that use district since there is already a traffic problem in Navarre". The permitted uses in the B-5 District include both service and retail businesses, the majority of w'hich are typically low traffic volume and typically nol 24 hour uses. Niw.no - Zoning Amendment September 11,1996 Page 2 The current list of conditional uses in B-5 includes some uses which may involve higher traffic volumes, or somewhat more intensive use than the permitted uses. For instance, a "candy, ice cream, popcorn, nuts, frozen desserts, soft drinks store" such as the Daiiy Queen, has a more intense use of the parking lot and drive-thru, and has perhaps more lighting than most of the permitted retail uses. Also in the list of B-5 conditional uses is "home and garden equipment rental" which has potential for needing fenced storage areas and may involve the operation of engines with the inciaental noise and odor concerns. B-5 also lists "kennels" as a conditional use, which has the potential for disrupting a neignborhood due tw .loise lq\els and possibly odors. Planning Conmiission suggested that "tobaCTo shop" be removed from the list of permitted uses, possibly due to the perception that such a business is no longer in \ ogue nor appropriate for a family setting. It can certainly be argued that's tobacco shop would not inherently be a "bad neighbor". One could perhaps argue that a tobacco shop should fall into the same category and zoning district as a liquor store, and in fact both tobacco shops and liquor stores arc permitted uses in B-1 and B-3. Planning Commission suggested that both "home and garden equipment rental" and "kennels" be eliminated from the B-5 District. Neither of these uses currently exist on property zoned B-5, hence no existing business would become nonconforming due to this amendment. Note that "kennels" are a conditional use in the B-4 district, so this use would no» be ent'.ely eliminated from Navarre. "Home and garden equipment rental", howc\ er, is only allowed in the B-5 zone, hence eliminating it would leave no place for this type of business to occur in the City. It is therefore noteworthy that we have tw’o such businesses already operating in Navarre: Navarre True Value Hardware and Minnetonka A-1 Rental, both in B-1 zoning. The B-1 zone lists "hardware store" as a permitted use, but not "equipment renial". Minnetonka Rental has be 'n at this location since prior to 1971, and that site has been zoned commercial since 1955. One can conclude that, since there is no record that Minnetonka Rental was ever advised to file for a "non-conforming use CUP", the City has long considered Minnetonka Rental as a conforming use in the B-1 district. Off-Street Parking Planning Commission also suggested that "off-street parking" be eliminated in tf*e B-5 District. A concern was expressed by fonner Planning Commission Chairman Peterson that parking areas in downtown Navarre can be leased cui for use by Lord Fletchers or other businesses not in the immediate area, which may or may r ot be c problem. In fact, during 1995 and 1996 Fletchers has had an agreement with Orono to use up to 60 spaces in the Navarre municipal parking lot which is zoned B-1 (See Exhibit D). Memo - Zoning Amendment September 11, 1996 Page 3 The current B-5 iists ofT-street parking as a conditional use. but specifically in reference to situations where the olf-street parking in a B-5 District is serving a principal use on an adjacent lot which happens to be a different "B" district. The current off stieet narking language in 10.44, Subd. 4(B) could be amended by making it clear that such parking shall only be allowed when it ser\es a permitted principal use which is on an abutting lot in another "B" or "1" District. All commercial uses normally require some off-street parking, hence staff would suggest that rather than eliminating it, off-street parking should be added to the list of B-5 "accessory uses”. This is not uncommon in municipal zoning codes. It could then be further limited by only allowing it when accessory to a permitted or conditional use located on the same lot or on an abutting commercial lot. The impact of these changes would be to prohibit parking on a B-5 property that serves a use other than; 1) the principal use on the same B-5 property as the parking, or 2) the principal use on an adjacent B-5 or B-1.2,3,4 or 6 or "1" property fhe changes would not impact the agreement with Fletcher's, since that lot is not zoned 3-5. It would, however, prohibit such parking agreements on any property zone<l B-5, and no variance could be granted since that would be a "use" variance which by state statute is not possible. B-6 Revision In reviewing the B-6 Highway Business District standards during the Highway 12 moratorium study. Council concluded that the existing B-6 Highway Business District permitted uses (offices, banks and financial institutions, libraries, motels and hotels, and Class I "sit-down" restaurants) are appropriate B-6 uses. 1 he B-6 Dist.ict also defines all of the above noted uses as conditional u.ses when they have a drive-thru operation. Council felt that drive-thru type restaurants would not be appropriate for the B-6 zone, hence the proposed ameiiuiu«,nt would list only offices, bunks and financial institutions, libraries, motels and hotels as allowed conditional uses. This eliminates drive- thru restaurants from being established in the B-6 District. Issues for Considerstmn 1. 2. Are the proposed zoning district use changes appropriate? What is the City’s motivation for making these changes? Are tliere other uses which should be added or deleted within the B-5 and B -6 Districts? 3. Will any of the proposed changes have a negative impact on existing businesses or uses? 4.Could the goal of the proposed changes be accomplished by placing more restrictions on them as conditional uses in B-5, rather than eliminating them from B-5? Memo - Zoning Amendment September 11,1996 Page 4 Staff Recommendation It occurs to staff that this again is potentially a "piecemeal" review of our commercial zoning districts, and staff would urge that a more thorough review of existing land use and future commercial/residential needs be conducted as part of a more comprehensive study of zoning in the Navarre area. None of the proposed amendments result in a conflict with the Comprehensive Plan, and no Comprehensive Plan Amendment is necessary in order to adopt the proposed changes. Further, staff is unaware of any existing uses in the B-5 or B-6 zones which w ould become non-conforming due to the proposed changes. Planning Commission should identify the specific reason for each of the proposed use changes, and determine whether any negative impacts will result from the changes. This will not only provide a basis for a recommendation to Council, but will assist staff in future interpretation of the code when attempting to determine w hethc; specific use is similar in scope or character to one of the listed uses. Options for Action 1. Recommend approval per the attached draft ordinance. 2. Recommend approval with revisions or partial approval. 3. Table for further information or discussion. 4.Other. § 10.45 SECTION 10.45 B-6 HIGHWAY COMMERCIAL DISTRICT Subd. 1. . Purpose. The purpose of the B-6 Highway Commercial District is to provide a commercial district specifically tailored to accomplish the commercial development objectives of the Highway 12 Corridor Study Section of the Orono Comprehensive Plan. Subd. 2. Application. All applicants for a building permit in any "B-6" Highway Business District shall be reviewed by the Council and referred to the Planning Commission for r«^view. Subd. 3. Permitted Uses. Within any "B-6" Highway Business District, no structure or land shall be used except for one of the following uses or uses deemed similar by the Council. A. Offices (business and professional). ’ B. Banks and financial institutions. C. Libraries. D. Motels, and hotels.B ’V A-"' E. Restaurants (Class I). U S'- C.-’-.V ‘ Subd. 4. Relationship with Chapter 10.53 Planned Unit Development. other types of commercial uses and mixed use develocments may be acclied for through _ the planned uixit (|3evelopment crocess. App 1 ica^i.oivc >that include commercial uses within the Highway 12 Corrido^j^shaliyssume the B-6 District as the underlying zoning district. , ^/(^vConditional Use A. Within any "B-6" Highway Business District, no structure or land shall be used for one of the following uses except by conditional use permit: 1. Any business listed as a permitted use in the zone that includes a drive-thru condition. Subd. 5. Accessory Uses. Within any "B-6" Highway Business District, the following uses shall be permitted accessory uses: A. Any accessory use as regulated in the "B-1" Business District. OROHO CC 351-1 Ordinance 67, 2nd Series Adopted: 5-8-89 • C / S 10.43 ■f E. \setback Requirements, No buj,^ding shall be nearer than 35 fee^to any front lot line, 35 fe^t to any rear lot line, 15 feet to an\side lot line, 35 feet to'^any side lot line adjacent to street; eVcept when abutting or across the street from an "R" District, no buMding shall be less than 35 feet from such lot line. \ / /F. FencifSg. Wherever a "B-4” Office and Professional Business District abuts an''"R" District along the side or rear lot line, a fence or^compact evergreen hedge not less than 50% opaque nor less than six\feet -in height (no less than three feet nor higher than four feet \djacent to street) shall be erected along the abutting lines except ^thin the required front yard, / XG. Building Desigr\^and Construction. See Section 10.40, Subdivision 6, Subparagraph -VH. Drainage. No land >iiall be developed and no use shall be permitted that'results in weT^r runoff causing floods, erosion, or depositS/ph adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the Council and those plans sriall be reviewed by the City Engineer be^fore submission to the Planning Commission and Council for approval. Such runoff may be re channeled into/a’ natural water course, ponding other public>^'facilities. Any change in gra runoff whetli'er onto adjacent property or othe rea to be properly storm drain or affecting water j ^~ — --------^i se must be in complianc^!^ with the Surface Water Management Pi^^ and shall be consis tent with other applicable regulations or City Code provisi/ms and subject to the approval of other agen^es having jurisd^tion over the area affected by the drainage. Jr I. Height. No structure or building shall exceed l-jf/l stories or thirty feet in height except as provided in SEC. 10.44. B-5 LIMITED NEIGHBORHOOD BOSINESS DISTRICT. Subd. 1. Purpose. The "B-5” Limited Neighborhood Business District is intended to provide a district for businesses that supply commodities or perform a service primarily for residents in the surrounding neighborhood, which businesses are not high traffic generators and do not necessitate an inordinate amount of hardcover. The district may adjoin residential districts or other business districts which are subject to more restrictive controls. The district shall have immediate access to adequate highways and public sanitary sewer. Because of the location of the "B-5" District as contemplated in the area known as Navarre in the City, the uses are limited in order to limit the hardcover in that area and to limit the future generation of traffic for that property in that use district since there is already a traffic problem in Navarre. ORONO CC 347 (4-1-84) I S 10.44 Subd. 2. Application. All applications for a building permit in any "B-5” Limited Neighborhood Business District shall be tsviewed by the Council and referred to the Planning Commission for review. f Subd. 3. Permitted Uses. Within any "B-5" Business District, no structure or land shall be used except for one of the following uses or uses deemed similar by the Council: A. B. C. D. E. F. Municipal buildings. Offices. Clinics. Art and school supply store. Book and magazine store. Office supply store. estate office. G. Banks, loan company, insurance company, real H. I. J. K. L. Barbership, beauty shop. Camera and photograph supply store. Locksmith. Hobby shop. Gift store. M. N. O. P. Q. R. Glassware and pottery. Antique store. Jewelry store. Watch repair. Library. Museum. S. T. U. V. W. Record shop. Music store. Tobacco shop. Galleries. Pet shop. Subd. 4. Conditional Use A. Within any ”B“5" Limited Business District, no structure or land shall be used for one of the following uses except by conditional use permit: 1. Candy, ice cream, popcorn, nuts, frozen desserts, soft drink store. 2. Drycleaning store. Tailor shop. Pressing and shoe shine shop. Laundry and cleaning pick-up stations. Home and garden equipment rental. 7. Veterinary clinic. 8. Kennels. 3. 4. 5. 6. ORONO CC 348 (4-1-84) S 10,44 B. Off-Street Parking. Off-street parking when the principal site of the off-street parking abuts on a lot which is in another "B" or "I" District and is in the same ownership as the land in the "B” or "I" District and subject to those conditions as set forth in Section 10.61, Subdivision 4 and other such conditions as found necessary by the Council. C. Public Service Structures. Including, but not limited to, electric transmission lines in buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Subd. 5. Accessory Uses. Within any "B-S" Limited Neighborhood Business District, the following uses shall be permitted accessory uses: * A. Garages, Etc. Private garages, off-street parking and loading spaces, as regulated in this Chapter. B. Signs. Signs, as regulated in this Chapter. C. Temporary Buildings. Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary to complete said construction. D. Landscaping. Decorative landscaping features, E. Fences. Fences, as regulated in this Chapter. F. Incidentals. Any incidental repair or processing necessary to conduct a permitted principal use, provided that the incidental use shall not exceed 30% of the floor space of the principal building. G. Public Telephone Booths. Subd. 6. Area, Height, Lot Width, Setback Requirements and Design Requirements. square feet. feet. feet. A. Area. The minimum lot size shall be 20,000 B. Lot Width. The minimum lot width shall be 100 C. Front Yards. The minimum ftont yard shall be 20 D. Rear Yards. The minimum rear yard shall be 30 feet; side yard adjacent to "R" District shall be 15 feet; side yard adjacent to street shall be 10 feet. E. Setback Requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet from any rear lot line, 15 feet from any side lot line, 35 feet to side lot line adjacent to sireet; except abutting or across the street from an ”R” District, no building shall be less than 35 feet from such lot line. ORONO CC 349 (4-1-84) REQUEST FOR COUNCIL ACTION ®°^«-VeETtNQ OCT 2 8 1995 “^oponoNo DATE: October 23, 1996 ITEM NO.: ^ Department Approral: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2178 Nathalie Gray and Robert and Lorraine E. Roden, 460/480 Orchard Park Road - Subdivision of a Lot Line Rearrangement Zoning District: RR-IA Application: Applicants have filed a subdivision of a lot line rearrangement seeking the City's approval of a transfer of land between owners originally deeded in November, 1971. The following ordinances are pertinent for this review: 1. Section 11.03 Definition 66(Al-3) - Subdivision may be completed as Class I division. 2. Section 11.10, Subdivision 10(A) - Class I subdivision requirements. List of Exhibits A - Application B - Plat Map C - Property Owner's List D - Chicago Title Insurance Company Letter 9/6/85 E-Staff Letter 9/27/96 F - 1971 Warranty Deed G - Current Mortgage Reflecting Legal Description for 480 Orchard Park Road H - Subdivision of a Lot Line Rearrangement Review of Application Applicants have filed the subdivision application with the City in order to complete the process begun back in November, 1971. The subdivision code of 1971 would have required the filing of the subdivision application. The City obviously denied the division in 1971 and advised the County of the need for subdivision approval by City. Real estate taxes have never been adjusted to reflect the transfer of property nor does the Hennepin County plat maps reflect the division, refer to Exhibit B. "I Request for Council Action continued ^age2of2 ^ October 23, 1996 Zoning File #2178 The properties are located in the 5 acre minimum lot zone. Parcel A consists of 15,045 s.f. with the addition of the 15' corridor the lot area is adjusted to 17,700 s.f. Parcel B at 4.44 acres is reduced to 4.38 acres. Review Exhibit B, note owner of Parcel B owns several contiguous parcels. Applicants should be encouraged to consider a future division that would provide Parcel A with additiona* area for septic upgrade. Review Exhibit H, note proposed legal description for Parcel B should read, "except the northerly 100' of the westerly 177' thereof" Staff will correct the legal on the three original survey sheets signed by applicants. Planning Commission Recommendation i Planning Commission unanimously approved the subdivision of a lot line rearrangement for Nathalie Gray and Robert and Lorraine Roden involving the properties located at 460/480 Orchard Park Road with the condition that owner of Parcel A apply for the legal combination of the 15' corridor with the homestead parcel at the City offices prior to the subdivision being sent to the County for filing. The enclosed resolution has been drafted per the findings and conditions of the Planning Commission recommendation. COUNCIL ACTION REQUESTED: To either adopt or amend the approval resolution. A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT OF PROPERTIES LOCATED AT 460 AND 480 ORCHARD PARK ROAD FILE NO. 2178 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, the City Council has considered the application for a subdivision of a lot line rearrangement by Nathalie Gray, Robert J. Roden and Lorraine E. Roden (hereinafter "the subdividers") of properties legally described on the survey and attached to this resolution (hereinafter "the properties"); and WHEREAS, the subdividers have completed all requirements of the City for a Class I subdivision of a lot line rearrangement involving a division and combination of the properties. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the Class I subdivision and combination of above referenced properties by the subdividers as shown on the Certificate of Survey by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc., dated February 13, 1996, and attached to this resolution, subject to the following conditions: 1.Nathalie Gray, the owner of the northerly 85' of the westerly 177' of Lot 10, Orchard Park shall apply to the City of Orono for legal combination of an adjacent property created as a result of this lot line rearrangement. The new legal description of the property as shown on the above referenced survey will read as follows: The northerly 100' of the westerly 177' of Lot 10, Orchard Park, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Deeds in and for said County. Page 1 of 2 2.Robert J. Roden will be responsible for amending the legal description on the deed for his property to read as follows: Lot 10, Orchard Park, except the northerly 100’ of the westerly 177' thereof. 3.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 April 28, 1997 together with a certified original copy of this resolution. This subdivision cannot be filed until the required legal combination has been completed by subdividers as set forth in condition 1 above. 4.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. Adopted by the City Council of Orono, Minnesota on this 28th day October, 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 28th day of October, 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 2 of 2 L_____ i’ V // ^ • *K • ' ^ •••Application #Hi -7 O Date Received Q / -> >9 6- Amount Paid 5.^-0 • •'• CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site address 460 and 4 80 Orchard Park Road. Orono. Minnesota____________ Propert>- Identification Number (PIP) 32-118-23-23-0008 and 32-118-23-23-0007 Please check one - Property ____abstract or X torrens? Attach legal description to application. APPLICANT / OWNER Name Nathalie Gray Address 480 Orchard Park Road Citv Orono, Minnesota Zip55356 Phone (work) 992-3178 OWNTR O f different than applicant) Name Robert J. and Lorraine E. Roden T Address 460 Orchard Park Road Phone (home ’l 47't-7Q«;9 City Orono, Minnesota Zip 55356 Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels 2 Development Size Present use (check) Present Zoning District _________ Acres Dry' Land _________ Acres Wet Land 5 acre min. Acres Total, all parcels X Residential; no. of units _________ Other (specify)______ PROPOSAL _________Division for Ta.x Purposes X Lot Line Rearrangement Only (no new buildling sites) _________ Subdivision for New Building Sites Number of Building Sites _________Existing Units _________New Units ________ Total Units Proposed Gross Density Minimum Lot Size Proposed Use(check) Units per ___Acres Sq. Ft. Dry Buildable Land Residential Other (specify)_________ MINIMUM MATERIAL REQUIRED FOR C-eMPLET^ PREGMlj^^IU- Ij Payment of fees (refer to "application fees" listed below. Completed application form. Prelimmaiy-ptet information on Certificate of Sur\ey. -. HtSfXT' Certified Property Owners List of owners within 350' (you must obtain this'li'st from Hennepin County Department of Finance A-603 Govt. Center 348-3271). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official ’s Signature __________________________________ Date MINIMUM M.ATERI AL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official ’s Signature _______________________________________Date I. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: Sketch Plan Review (Class I. II & 111) S250.00 t Subdivision of a Lot Line Rearrangement S350.00 Subdivision Application (Class I & II) S350.00 Preliminary Subdivision Application S375.00 + S25.00/lot (Class III & all non-residential) Final Plat Application (Class III) S200.00 Legal Review and Filing: _____Subdivision only $75.00 Subdiv ision w easements and covenants min. S200.00 Totals _ Park Fees (to be determined per Section 11.62) _ Legal and Engineering Review Fees (as incurred) Renewal of Class I and II Subdivision Application $200.00 (No change from original application) _ Renewal of Class III. Preliminary Subdivision Application $200.00 (No change from original application) Renewal of Final Class 111 Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: _____ Proposed Private Roads $600.00 + $.50'lineal ft ; _____ Proposed Public Roads $900.00 + S.50/lineal ft.; , lin. ft. X .50 = $ lin. ft. X .50 = $ Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 + $25'stub Proposed Watermain Extension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System. Site Evaluation Review (applicable to rural subdivision applications) $50.00'per lot x_____new lots C. Flexible Application Fees/Misc. Fees _____ Variance $220.00 ($50.00 per each additional variance) _____ Easement Vacation Associated with Subdivision $100.00 _____ PRD Application with Subdivision $30.00/DwelIing Unit The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by Applicant ’s Signature J ^ L-^yV^^ ^ ^ /(?• y(^ Owner's Signature /^—-------------------------------------------------- Ovmer's Signature u.^ ■ ^ Anntiranf miicr ni! infn fhp r'itv OfTir^ rfnv’c hi: Date 9- /O' ‘9/^- Date g?- / ^) - (7/;-rj-* " — I ■ a — .^r»^ ■ ,r V-- __ I J * J ^ Applicant must have ai! submittals into the City Office days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 1 i RUN DATE 09/06/96 BATCH 507 HEhMEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LISTPROP AOOR OHNER NAME TAXPAYER NAHE/AOOR 58 31-118-25 1« 000200525 ORCHARD PARK RO R J NEESTRANO ET AL RAf»ALL J HEESTRANO 525 ORCHARD PARK RO LONG LAKE rt4 55556 PROP AOOR OHNER NAME TAXPAYER NAME/AODR 58 52-118-25 21 0009 00038 ADDRESS PENDING STEPHEN DAVIS TOHLE STEPHEN DAVIS TOHLE 5115 PINNACLE DR OLOSMAR FL 39677 PROP AOOR OHNER NAME TAXPAYER NAME/AOOR 38 32-118-23 22 0006 00680 ORCHARD PARK RO 0 E HINTERS « D K LAMB DOUGLAS E HINTERS 680 ORCHARD PARK RO LONG LAKE MN 55356 PROP AOOR OHNER NAME TAXPAYER NAME/ADDR 38 32-118-23 23 0006 00038 ADDRESS UNASSIGNEO STEPHEN 0 TOHLE STEPHEN D TOWLE 5115 PINNACLE OR OLDSMAR FL 39677 PROP AOOR OI<MER NAME TAXPAYER NAME/AOOR 38 32-118-23 32 0002 03980 WATERTOWN RO ORCHARD PARK FARM ir« ORCHARD PARK FARM INC 3980 WATERTOWN RD MAPLE PLAIN MN 55359 38 32-118-23-23-0009 Prop Addr 480 Orchard Park Rd Owner Name Richfield Bk/Trst Co Trustee Taxpayer Dexter & Jennifer Andrews Name/Addr 480 Orchard Park Rd . Long Lake MN 55356 REPORT NO. PI935901 PAGE 2338 31-118-23 19 000809100 HATERT0M4 RO DEBORAH M SHOLL DEBORAH H SHOLL 9100 HATERn»fl RO MAPLE PLAIN MN 55359 38 31-118-23 91 0001 09090 HATERTO»M RO P A « K P SMIEJA PATRICK A/KATHLEEN P SMIEJA 9090 HATERT0»t4 RO MAPLE PLAIN MN 5535" 38 32-118-23 22 0009 00058 ADDRESS UNASSIGNEO ROBERT T MICKELSEN ETAL JIM WHALEN 19925 38TH AVE N PLYMOUTH MN 55996 38 3i-118-23 22 0005 00690 ORCHARD PARK RD LORI E KMETZ ET AL LORI E KMETZ 690 ORCHARD PARK RO LONG LAKE MN 55356 38 32-116-23 23 0003 00500 ORCHARD PARK RO T F ADAMS A J L HEAVER THOMAS F ADAMS 500 ORCHARD PARK RO LONG LAKE m 55356 38 32-118-23 23 0009 00580 ORCHARD PARK RD CONSUELO L CARRUTHERS CONSUELO CARRUTHERS 580 ORCHARD PARK ROAD LONG LAKE MN 55356 38 52-118-23 29 0005 03980 WATERTOFM RO ORCHARD PARK FARM INC ORCHARD PARK FARM INC 3980 WATERTOWN RO MAPLE PLAIN FM 55359 38 32-118-23 32 0001 03990 WATERTOWN RO JEFFREY V MELIN JEFFREY V MELIN 3990 l<IATERT(»M RD MAPLE PLAIN MN 55359 d is 38 32-118-23 32 0005 03850 HATERTOWN RO S M S C A HARRIS STEVEN M HARRIS 385 TURHAM RO MAPLE PLAIN MN 55359 TOTAL BATCH 507 00019 38 32-118-23-23-0010 460 Orchard Park Rd Robert J & Lorraine E Roden Robert J & Lorraine E Roden 460 Orchard Park Rd Long Lake MN 55356 RUN DATE 09/0^96 HDWEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OM^RS LIST REPORT NO. PIA35A0I PAGE 2^BATCH 507 , r • % I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HE^RIEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOHLEDCE AND BELIEF. DATE X ^ *4 i ,}■ CHICAGO TITLE INSURANCE COMPANY 2740 WEST 80TH STREET, 8LOOMI\CTON, MINNESOTA 55431 (b12) 885-2500 A • September 6, 1995 f ' > V i* •- - '.a <S) City of Orono Administration 2710 Kelley Parkway Orono, MN 55323 ,.w ■ !§fP, ■10'*'^ RE: 480 Orchard Park Rd., Orono (32 118 23 23 0007) our file no.: 2453290 Dear Administrator: Enclosed are recorded deeds relating to 480 Orchard Park Rd. and the current tax descriptions of 480 & 460 Orchard Park Rd. As you can see the tax description for "480“ indicates tha- it is an 85 foot wide parcel. However, in 1971 deed document no. 1015730 (copy enclosed) conveyed an additional 15 feet to the then owners of "480", creating a 100 foot wide parcel. As the other enclosed recorded deeds show, "480" has been conveyed as a 100 foot wide parcel since 1971. The county auditor recently discovered that its tax description still describes it as an 85 foot wide parcel. Since the property has been conveyed and occupied as a 100 foot wide parcel for the past 24 years, and assuming that a lot split/combination was approved in 1971 or that no approval was needed, would you please direct the county auditor to correct its tax description to conform to the 24 year history of "480" being a 100 foot wide parcel? If you have questions or need more information, please let me know. Thank you for your assistance. Sincerely, Nick Koester T- * f.. O" // SW 4.' m • •<» '* » ♦ .-< 4 "^?vV. > "I, ■ '■A v\^. CITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono. MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 September 27, 1995 Chicago Title Insurance Company 2740 West 80th Street Bloomington, MN 55431 Attn: NickKoester Dear Mr. Koester: The City .Administrator, Ron Moorse, has asked that I respond to your letter of September 6, 1995 concerning the properties at 4b0/480 Orchard Park Road. On February 13, 1995, the City of Orono sent a letter to both owners of 460 Orchard Park Road (Robert J. and Lorraine E. Roden) and 480 Orchard Park Road (De.xter and Jennifer Andrews) advising of the need to first receive the approval of the City of Orono before the division and combination can be recorded by the County. They were further advised in that letter that the division would be accepted under a Class I metes and bounds description division Upon receipt of the letter. Mr. Roden contacted the City staff to advise that he had no knowledge of such a division and combination. The information in your packet suggests that such an exchange or transfer of land did occur between Rodens and the former owners of 480 Orchard Park Road in November of 1971. Please be advised that a lot split combination was not approved in 1971 and that the subdivision regulations at that time would have required the tiling of a subdivision application. The current regulations also require subdivision approval of the City. Telephone (612) 473-7357 • FAX 473-0510 Chicago Title Insurance Company September 27, 1995 Page 2 Please note the owners have been copied on this letter. It is my advice that you deal directly with the current owners in preparing for the necessary subdi\ision application. Please contact my office if you need more detailed information on the filing of the subdivision application with the City of Orono. Sincerely, Jeanne A. Mabusth Building & Zoning. Administrator JAM/lsv cc:Robert J. and Lorraine E. Roden, 460 Orchard Park Road, Long Lake, \1N 55356 Dexter and Jennifer Andrews, 480 Orchard Park Road, Long Lake, MN 55356 Ron Moorsc, City Administrator Rolf Erickson, City Assessor • i ^ • I , I ir- Itriirt*rn 3fnbentuvc, .M„drn,h . .* ,. Rob^M ’t J, KotJen nn'l I,nrr^lnf' E. Rndon* imrbnnB and wife. ' • • «...................................... . 20, «f theCouulu.f lICimcii'Mi nn.l of •tf the flrxt part, mul V/nl.l,pr F., Riulc /iiid Uclcn Hiidn, husb-'inO nml vU!***. ....................................... . , of the Cctinti/ of .............., rartU^ of (he eec^md part. 4.•«•••• •«»44 •••1 . .Ileiinopili fifid Sfnfr nf Hinn'^sot^. CJH(tnCSlfCtl), T!tft( (he ^aid part the first nnrf, in. consideration of the fum of One Dollar nnd other vnluablo cnnalilerntJonr------------------------------------------•••» •o 1. -............................. •■ ................................................................................................... ........................................................................ tnom /„ },tf llii> s.ihl pnHh.i of (he xreomi r'^rt, thr rrcclfit uhfvfof (» htrchy acknotnl- rt1(nl, ilo hrifhf/ Oi.int, . Sell, niiil Conrri/ unfn the snitl pn»i'i*.i of the xccond part o$ joint (rtinnif nml not »i« trntinit in rnminon. their n^flgne, (he ifun.iivr of ioitl parlU.i, and the heirs ami nsKlfin* of the xiirfiror, Fniner, ntl tUf Uort or panel of hnul hiin(> and beinff in the County of .................. HPnnPf)in rind Sio of .Minnrfoto, tlrerrihnl follows, to-xvlt; Tho .louth 15 i'oni of the North 100 fopt of the Went 177 Tool of I/tt 10, Orchnnt P.-irk, Ilcnnepin r.o\mty, Rlnncnotn, 'looonllnR to the duly rccoidod pint thoroof. n >0.'jtnte Deed Tor duo hrreon ?• atriwr** yf^TF O DEPT. OF ^MP - J Z 0 r.tL 10555 ___________ iEo nnb to JOoIb tijc ^AinCt TncHhry xcUh aU the hcreditatncnls and appurtenanees there* unto betonoin^ or in nnf/iri,^v. tippcrtttininp’t io thr fKirlies of the second part, their assigns, the 8ur* rlror of ftiid jutriies. and the heirs and nsdfins of the survivor, I'orevcr, the said parties of the second part takinfi ft!i jnint trnnnts and not as tenants in rammen. sind the,said Robert J. Rodon nndLorraine E. Rodon, hurbind nnd wife iespart the fil'd part, for ^'bomselves, Lheii*........... fiicJrs, CArnitors and ndministrators do ..... covenant with the ^ald parties of the second, part, their assigns, the survivor of said parties, and (he heirs find ass!fins of the survivor, that . well seized in fee of the lands and premises aforesaid and ha fSnod rlfjht (a s^lt and eniweif the same in manner and form afarrsnid, and that tho same aro frre from at! inrumhranees. yfntt the ahovr havdainrd and p'ranf**** hinds and premises, in (he quiet- and peaeenhto fynssessinn of the raid parlies af Ihc srrntnl pari, their assigns, the survivor of ,sald- parties, and the hrlr.s and assigns of the surnlvnr, a.dnlnsl all persons lawfnlljf elalmliii! nr to dalm the whole or anjf jmrt thereof, suhjeot to I nett mhra tires. If anj/, herri nhrforr laenlhawd, the said part ip*'’ of the first part will lf*(irranf flrtfl Defend, 31lt tCfUKinon;; tHfjCrCOf. The raid part ion of the first part ha ve heronnto set thoir........ httnd a (hr dap and pear fint ahore welticn, , la. Drrsriire. of j . ,XCi<\^ ^ *....., .................................... 4*»• • e \ • ^ • • a .j* 0 ! i V. N N, 01 • • !-i % i i 1 ^tntc of iiflinnejfotn, |Cotfih, of ilcn:icj;in................... ( <1. On thin.................IBlIl...................liny of. •>"yr'!!'^r..r * .• •• • . Robert J.Rodtn . ., /fl...-..... he fore me, a Ilotflry. .rublle............ ......... , , wUhtn nml for until County, pernonnUy nyjKateil .and L rraine.E. Roden, husband •uid wire. - - - - T,., ' ..... ........................................................................................................................ to m/*. knowr. (a lie. the pcrsotC,............. ........de^crihed in, and ivho rxecuUd- the fore^ohi^ inslrnmenf, ...........................o^d ncknawicdtffd thf\t ^hei •wzrutrd the stinie as ..t ^4 (£<•« Note) . IhoJr .......... free art and drrd ^ ml iH'.lHinmril wiv^ ' WIUIAM K. »AWfU*. y kU Mv>iK Of *» A**'^ WAKm *.'‘>1. (Seer-e). ; Wlllinm k. n.nrti(j Xotnry Piihlir. Hennepin , County, Minn. My eonimi^.Kion rj _ggjWkri»........ .. . JO. NOTE? The bUn!i llnei mirVed **Sre f?me’* ire for wfc when the (nifnunent h evrcuUd \ I. • r* rt . .. r* ‘ / cry r/-o • •V. •j W O I i 31 V Jt7 >y (0 \ Hi }Y / f.‘■L'A X 0^2 c o :? ^ •; H 5?>-a» ^ u.D o ^ cr Vi .5 V* O ^ "Jr CM CM O o q1 ui z. UI X • • • I* I •. 'Z I *. • —. - V. i;'. ! !4-^ I! fi O la's § § .1'- ibi ! f II ^1I I iff o'’§ *1a 5 .fi 'ti ej;s I * 1 !: g ■ ^ II 3 si?. 5* I ^ k •I I .sj .3 ■V* in i f « K ?s:5 ts ilv ’ll 3 • 1 is i5 ceo tDaw CJ • ► :c C I -? cr Is' 6^ •: ^ r'i (.7 s •tr > - ": It ' *!M u C io 3 2 \ s J I ;^ti ii I di i u iSl wwM «• • •• •. .. M I HI I AMI ri fit AfR» AHcri ntconuni* n lo: oniAf wtsiiiiN MontCAGf conronATiQfi ^ P O. 90K $2Ji§ 1 }■* * %r . "'N n V. ^ 0 *1 •'! • » 1^- I*.-A ; AHf«t««. CA 90009 2)89 •f ■i". # •. •• '! • « •si J’’’ t SPACE ABOVE THIS LINE fOP nECOnOffiO DATA. MORTGAGE THIS MORTGAGE (“Stcufiiy Iiistrufnent’'| it given on Augvitl 10. 1995 Tlic inoflgagor is NATHALIE CRAY. AN UNMARniEO PERSON Ties SecuMly InstrumenI it gtvefi to GREAT WESTERN MORTGAGE CORPORATION. A DELAWARE CORPORATION COUNTY CODE: 027 Off ICE NUMBER: 378 LOAN NO.: 1 638914 2 rBorrowff*). wliicJi is oiQMuicil Aivl e-itlMig tuMlcr llw* lows ol THE STATE OP DELAWARE . . mI wrtiOfO nrkfftst If 9451 CUnniN AVENUE. NORriiniDGE. CA 91321 riciMlei'l OoMOwet owes Lriulrf \Ue pfincipni siHit of NINETY NINE THOUSAND NINE HUNORrO AND 00/100 DolL-Mt lU S $99,900.00 |. Iliit «lcl»! is evidenced liy Rwrower's imie tl.iled U»r so»nc dale as lliis SeciMily IntlMitnenl CNole'l. wliitli provides Ini monil.Iy paymetds. with llie fiiH dcM. if not p.mj emlirr. due immI pnyalilo wi Septeinlirr 1. 2025 and Im iiMcrcnl el ihc ye.idy lalc ol 7.900 percent IIms ScctNily Inslnanent srLiiiei lo lender |a| llie rnp.tynient of Ilic field evidenced l»y U ms Nolo, wilh Mdeiest, aim I all lonewnin. eMteiisir.ns and fiiofldicalions of Hie Nole. |b| llie payMtenl ol all iiHirr siwtis, with infetesl. advnnrcd immIci Pafagiaph 7 to prol*3cl Hie secimly of Hiis Srciwdy InstMiincMii. .ind k) H»« pmrunnaiico of Oonuwcf's covenants simI aoieoniQitis uiMler tlifS S**fiwily iMslmnimit anrf fRe Hole Tor H ms piifpose. Ooiiower does itcreby nioitgage. grant and convey to Lender tlie folio wing described property located hi HENNEPIN County. Minnesota! THE NORTlirnLY 100 TUT OP THE WESTERLY 177 Till OP LOT 10. ORCHARD PARK. HENNEPIN COUNIY. MINNESOIA. ACCORDING TO THE RECORDED PLAT THERE or. AND SITUATE IN HENNEPIN COUNTY. MINNESOTA. riN/IAXIU: 32 1 10 23 23 0007 wNcb bos the addrfst of 400 ORCHARD PARK ROAD onoNo Minnesota 55350 rTroporly Address*); TOGETHER WITH all tbe Improvements now or Irercaftcr creeled on the properly, and oil eosemenis. opptiflcnances, ond li«lnies now or bcicaMcr a part of Ibo properly. All replacements and arldilions si.ill niso bo covered by Huj Socurily liisliiuncnl All of lire foicgcNiry is referred la in Hiis Security Instrument os H»e *rroj»ctly.* BORROWER COVCMANfS Ib.il Bnnowm is lawfully seised of the estate berrby convoyed amj bos the finbi to rnort,j.i(|P. gi.uii .Slid ronvry ibr Pniprily nnd that Ibo rro|>erty is ituenrurnbrred e«r ep| for eneiiinbra««res id record Oonower wnirnnis aivl will dulciifl genorally ibo bile lo tbc Properly against all claims ami demands, tubiecl to any CtKiNiilMancot of rocoril. mis StCUIIII V IliSMUJMrrir cniMl>i..«, uniluim cDvcii.inls lor italiorial usa anti iior* uniloim covotianti witli llmltad vatlalloiit by IniisJiclioii lo coiijlilule a uniloiiii security iiisituineril covering leal properly. UllirnflM COVftlAllfS Umrorwet otHllciitlrr covciianl and agree us lollows; 1 r.iyment ol Piiiicl|ial and InletasI: rroiiayrnanl and lala Cliaigas. Oorrr<Mcr slinll iHoii.plly pay wlieti dua lliu linncipal ol and nileiesl on lira debt cviilcitced by lire Note and any rrr|iayn.cMl aitd lale cliargcs duo taidor lire Holu. 2. riMitls lot Taias anil tnsnianne Snlijccl lo api'Kc.iIrle law or lo o wiillen waiver by t cndei. npirowar slintt pay to IriMlri nn ll.c li.ry monlMy paynienls me i|,h > i«..lri lire Hole, i.rt.l lire Hole Is paid in bill, a sran rrnn.ls*l lor: |al yearly la.ca a.Ml a<M in..m.ia wlui Ir may allain primily over Ibis Sccniily Instnnncnl ns a iM.n on lire riopeily |b| yearly easclrol.l paymenls or oronml rents on lire Propmly. ,1 any; |c| yearly barani or p.r.pcrly ins.uanco p.emiians; |.l| vaa.ly llomi insurance iweminnis, il any; |e| ye.mly inorlgngo insnianco picmiiMns. II any; and II) any sums payable by Ooriowcr I-J Icmlci. in accordance willi Ibo provisions ol raingiapb 0. in lieu ol lire paymenl ol mortgage iirsuianco premiums. Ilicse Items are calleil -Escrow Items ' lendri may. at any Imre, colled ami bold l uirds in an mnoiarl rrol lo oceed lire ma.i.rrmn nitromri a Irnrlct lor a Icdmally relalcrl ntuilg.ige lo.sir may eernrita lor Ootrowet-s r>sciow accorarl urrdei lira ledrt.rl Perl Fsinie Selllrnreirl Proccrlmes Ad ol 197-1 as amc.Kled limn limu lo limo 12 USC I 2001 $tn I »'f M'A-I. ....less ..rollrc. law Ibal applies lo Ibe frimls sels a lesser rmrourrl II so. Ic.rrler rrray. at „ry linro. colled and rold riarils in an amount not lo e.reed lire lesser amoiinl lemici may etiimalo lire sinouni ol Funds due on Ibe basis of cunciil data a.«l iejson.ible esimiales ol opcmiiluies ol biluie Escrow Hems or oibciwisc in accotUence wilb applicable iH.rl’l''’ •'■•''"■I in on inslilntio.. wl.osc d. posils are insured by a le.lcral agency, brsinnireritolily. or orriily trcluilrng lender, il lender is sncti an inslilrilion) or in any Ecdeial Home loan Oank. lender sball apply lire Funds to pay aren ’'i'°" I’' noimwor lor bolding and applying Ibe Funds, ........,,IIy onolyling tbe escrow 1'^-"! ’'"'I' '“>'«» «■•’•vlcr pays llo.rower InIcresI on Hr-. ........... .m,d applicable law oormlls I I l-r mnVo snU. a rli.iige However. I emler m.ay lerinire llmtowei to ir.iy .•! ....e lime ,l„i.y, lot nn iirdepatr<lnnl in.sl esl.no l.i. rei-o.lmg .erviro nterl by lender in en.meclimr will, il.i, .................... nppl.cabl.! Isw provides ollreiwiso Uness on agrocmenl is made or applicable law re........ Iciest lo be paid, lemici sli.ill no| be ioi|rilic<l to pay Oonower n,e Fu 'ir "" ‘"'•■'V "9'CC in willing, bowevci. Ibal Inle.esi shall be p.sid on Ire Fihh I, le,..le, ,|„iII „,ve lo 0 .-owci, wilboiil cb.aige. nn aniuint accouirllng of Ibo Funds, slmwing cicdils and deNls o lire Fuml, and tbe pniposc lo. wb.clr carl, debit to Ibe Funds was made. Ibo Fundi .1,0 pledged os addil.onal socuiily for nil siini^ aecurcil by Ibis Sccuilfy tnjbumput. locum^ .. .. ... INSmUMENT Fom, 302-1 0/90 ftrag. , ,7* Kxt-tioir II lli«* f uinlr. Im IiI liy I ••• * *1 rinl |Ik» .ninotml^ lo lie li^M hy slunM acraiml lo DnnoMfcr lof llw excess Tu » nccottKmce with tlH» reritWieinenfs of appl*f:al>l« law I. amount of tl»e FiM>rts held by Ictwlrf at any time is no. ..uflicicnt lo pay llio Esriow Hems when due. Lender may so notify ntinowcr in wiiliny. and. in sutli case Ooftowe» shall pay to Lender the amount neccssaiy to tnaVe lip the deficiency. Borrower slvall make up the dehoetu y in no iiuho than twelve miMilhly payments, at Lender's solo rJiscrelion. Upon naymeiit in full of all sums sectwed by this SeciNity Inntrinnent. Lender shall promptly rofunti to Borrower any rtinds held hy Lender If. under Paiaijiaph 21. leiidor shall ac(|uire or sell Ihe Pn porty, Letuler. prior to the acquisition or sale of the PrnpcMy, shall api*ly any fuiMis licid by Lender at the lime of acqiusitiun or sale as a cicdit against the sums secutcrl by tins Secinity Insliurnenl. 3. Appneation of P.Tvnicnls. Unless ap|»l»cablc law provides otherwise, all payments received by lender under Paiagiaphs I and 2 shall he applied first, to any prepaymen! charges duo under liie fiote. second, to amoiwits payable under Pataginpli 2; tlidd. to interest (ftio: loiMtfi. lo principal due; anri last, to any late charges duo under the Note 4. Charges; Liens, Dr>rrnwei shall pay all taxes, nssrssments. rhai(|r^s. fines and impositions altnliiiiahlc lo llie Piopeity whirli may attain pfionly ovri tins Soruiily iMSimmcnl, and leasehold paymcnls or yiouinl rents, if any. Bonower sl«all pay iliese ohligations in Ihe manner iKovidcd in Paragmph 2. or if not paid in that manner. Borrower shall pay Ihoin on lime directly to the person owed paymeni nurrower sli.iti promptly fianisli to I endcr all notices of amounts lo he fi.iid iMMlor this pararirafili If Uonower makes tliese payments directly. Borrower shall promptly furnish to Lender receipts evidencing the payments nurrower shall pinoiplty disi.haige any lien which has piiorily over tins Secuiily Inslruinent unless Borrower |al agrees in writing to tlie paymeni of the oNigalion secured hy ll»e lien in n niannci ncceptahlo to Lender; (hi conlesis In flood lailh the hen by. nt cleicnds afiainsi enlofcomcnl of the lion in. legal proceedings whirli In the lender s opinion operate to prevent the enlurcement of the lien, or (cl secures from Ihe holder of the lien an agieement satisfacloiy lo Lender suhordinaiinq the l»cn lo this Sccuiity inslnimenl If lender determines that any pait of the Property is suh|cct to a Ill'll wliM h may alt.no pnotily over this Seruiily Insliianeiit. Leiulei may give Brrrrowcr a notice identilying tlie lien. Douowcr shall s.stisly the hen ur lake one or more of the actions set (ortli al>ovo within 10 days of the giving of notice. 5. Hazard or Properly Insiiranca. Borrower shall keep Ihe improvements r^ow existing or hereafter erected on the Properly insured against loss by (ire, hazards inchNlod witlun the term “extended coverage“ and any other hazards, inclufhng floods or lloodinij. for which Lenrier rei|tmes insurance. This insurance shall he maintained In the amounts and lor the peiiods that Lender rer^iiires. Ihe insuiam e carrier proviiling the insurance shall he chosen liy Bonnvver subject lo Lender's approval whii.li sImII not he uiweasonahly withheld If Bonower fails lo maintain covetayo desenbed obove. Lender may; at Lender's option, obtain coverage to protect Letulcf's rights in the Property in accordance with Paragraph All insiH.snce policies and renewals shall be acceptable to Lender and shall inclmfe a st.indard mortgage clause. Lender shall liavc the right to hold the iiolicics and renewals If Lender requires. Borrower shall promplly give lo Lender all receipts of paid pirmmms aiMl renewal notices. In lire avcnl of loss, Borrower shall give prompt notice to the iiistwanrc carrier aiwl I eiHler. lender may make pioof nl loss if not made prninfdly hy fforiower. Unless lender ami llminwei ollimwise aijiee in witling, insiiranra (uoceeds sh.all ho applied to resimatinn or repaii of the Piupriiy d.imaijed, if the restoialinn or irpaii is rconnimcally leaniMc and Lender's secuiily is not lessened. If the restoration or tepaii is not ccrjiKmiically fonsiNn or Lender's ser.itrity would 1)0 lessoned, the insurance proceeds sliall be niiplied lo Ihe sums scciiicd liy tliis Secuiily Instiunicnl. whelher or not Ihrn due. with any excess paid to Ooriower. II Bonower ahaudtius Ihe Pfopcily. or docs n«d answer wilhin 30 days a notice frniu Lender that the insiiinncc earner has ollcicJ to settle a claim, then Lender may collect the insurance proceeds. LerNlor may use the proceeds lo repair or restore the Pro|ierly or lo pay sums secured hy this Security Instnimonl, whether or not then due. The 30 day period will begin when tli** notice is given Unless Lender and Oorrawer otherwise ngioo in writing, any application of proceeds to principal sfiaM not eMlcnil of postpone (he due date of Ihe rnonthl/ p.iymcnts rcfcircJ to in Paragraphs 1 otul 2 or change tlie amount of lire payments If under Paiagrapli 21 the Properly is acquired try Lender. Borrov/er's rigid lo any insurance policies and proceeds rcsulling from tiamago to Ifio Property firior lo llic ncrpiisilion sliall pass lo Lender to the extent of the sums secured hy this Security Inslniinent immcdialely prior lo the acrjuisilion fi Ornipaiicy. Preservation. Mainteiianco anil Protection of the Property; Boirowcr's l.onii Applicniinn; Leaseholds, nmiowei sh.ill un iipy. eslahlisli. and uso llie Piupeily ns floirowor’s piinnpal residnnr.o wilhin sixty dnys niter Ihrt rxer.iiiiun of this Security Inslniiiienl aiul shall conliiiuo to occupy (ho f'loperly as Borrower’s principal residence lor nl least one year alter Ihe date of occupancy, unless Lcniler otherwise agrees in wri;e»g. which consent shall not he uiifcnsonahly withheld. Of unless cxleuuatiug ciicumslanccs cxijl which nie beyond Ooirower's control. Borrower shall nol dcsboy. damage or impair the Pioperly, allow the P operly to detcriorato. or coiiiinit waste on the Properly. Onrrowor shall be in dclaull il any (nrleitiiic action or proceeding, whether civil or criminal, is begun that in lenrier's good failli imlgmcnt crmirl result in (oricituic of the f*in|^eity or otherwise materially impair the lieu created tiy tills Security Inslfumciit or Lender's secuiily iiitercsl Oonowci may euro surli a default nn<i reinstate, ns firovided in Paragraph 18, by causing the action or fMocceiling to ho dismissetl with a ruling that, in Lender's good faith delerriiination. precitirlos fotleiltirc of Ihe Borrower's interest in the Pro(»eily or other iiiatciial impairment of the lien created by this Security Inslnimenl or Lender's sccunly intciest. Borrower shall also bo in default il Oorrower. during the loan application ()rocess, gave materially lalse or inarciiratc iidonnalion or statements to Lenrier lor failed lo piovidc Lender with ony material tnfonnnlinn) in connection with the loan evidenced hy the Note, inclirding. but ruil limited In, rcpresenlalions concerning nottower's ncciifiancy of the Properly as a principnl resirloncc. If this Security InstnnmMit is on a leasehold. Borrower shall comply with all the provisir^ns of the lease If Doirowuf acquires Ice title to the Piojtcrlv. the leasehold and the Ice title shall not iiieigc unless lender ngiecs lo the merger in writing. 7. Pfolectioii of Leiidei's Rights In tlie Property. If Borrower (ads to perform tlie covenants and agreements contained in (his Security Insliuiiirnt. or tlinc is a leg.il ptuceediiig that may r.irjnilicanlly nfh’cl Irndn's rights in tho Projicriy (sui h ns a ptoccr'ilutg in liauVniptcy. |»icjhate, lor coudcmnalion oi loilcituic or lo ciiloicc laws Of regulations), then lender may do end pay for vdiatcvcr is necessary lo firotect the value of the Properly and Lender’s rights in Ihe Properly Lender’s actions may include paying any sums secured hy a lien which has priority over this Security Instrument, nigiearirig in court, paying reasonable attorneys' fees and cntciing on the Prcptrly to make repairs. Altliough Lender may lake action under lliis Paragraph 7, Lender riocs nol have lo do so. Any nmoiinis disliuised hy Lcnilcr under this Pararjiaph 7 shall become additional debt of Borrower .secured tiy this Security Instrument. Unless Borrower and Lender agree lo other terms of payment, tliese amounts shall bear interest from llie dale of disbursement at the Note rale and sliall be payable, wilfi interest, upon notice from Lender to Borrower rcguesting fiaymcnt. 8. Mortgage fnsiironce. H Lender required mortgage Insurance as a condition of niaVing tlie loan secured by this Security Instru.ncnt, Borrower sliall pay the picmiums required to maintain the mortgage Insurance in effect. If, for any reason, the mortgage insurance coverage requirrd by Lender lapses or ceases to bo In effocl. Borrower sliall pay llie premiums reguiicd to olilain coverage subslaiilinlly equivnfent to (ho mortgage insurance previously in effect. M a cost sulislantialty cquivatcni lo the cost to Borrower of tfio mnrtgooe insurance piewinusly in effect, from an .*ittornaln rnoitgage insurer approved by Lender. II subslnnlially cr)uivalent mortgage insurnnr.c coverage Is not avnilnlitc. Borrower shall pay lo Lender eacfi monifi a sum equal lo one twcIHli of die ycady morlgago msmani.o prciimim being paid by Borrower wlini tlic insuianro coverage lapsed or ccaseu lo be in effect Lander will accept, use and retain these payments as a loss irseive in lieu ot moitgage instiiance. Loss reserve payments may no longri he required, nl tlie option of Lender, if morloagc insurance coverage hii Ilia amount and foi the peiiod tfiat Lcndei requires) provided by an insurer approved by LciMfer again becomes available and is obtained. Boirowci sf» ill pay tlie picnmims required lo maintain motigagn insurance in affect, or to proviife a loss rcscive. until tlie requirement (or mortgage insurance ends In accortlanco with any written .agreement between Onirower and Lcnde.r or applicafilc law roriii 3021 9;D0 U*^ge 2 of 4 pnqcM - - , , , lOAN r40 ; 1-S38914 2 □ . iiisneclioii. I rmfe. m.iy malie reasonable tnlncs uiK>n amj tnspcctiof.a of lire I'torerly. Lander shall Qiva Borrower nohce ai the lime of or prior to an inspoctior^ tpacilyir^tf raasonnUo rausa lor tha intpaclion. >0. Curulediiiniiun TIm? proccniU of arty award or claim for damnoet. rlirr^ct or consaqtienlial. li^ connactlon with any conrIeirMiahnn or olltrr Inkinri of any part of the Properly, or for emveynneo rn Ircii of condciniratini^ are Irereby assipnrd artd shnlt Ire p.ml tn I eirdcr lit llic even! of a lolal ijViny of the Properly. Ilia proceeds shall be applied to the sums secured by tliis Security Inslriiinent. whcliter or not then due, with any cveess paid to Bonower. tn the event of a pailial taking of tba Property in wfiicft the fair market vnluo of Ifie Properly inuncrlrjfcly before tlie lakiitg is ettiKil to or greater than tha ammail of tha sums secured by this Sccuiity Instruincitl iminciliately before tire taking, unless Borrower and leitder niherwise agree irt wnlinif Ibe sinus sertaed by Ibis Seciwily InslMHiient sh.ill be retliircrl by the amouMt of the pn < reds mtitiiplird liy P following ftartinn f.i| lire Infaf mtmnnl of the sums secured immrdi.ilcly Irefoie the taking, divided by (hi the lair market value of llie Piopcrlv iminrdialcly Ireloto tire taking Any balartca sball be paid to Rorrowat. In lire event of a partial taking of lire Properly in wfiH;li lire fair niarkel value of lira Property inmrcdiafcly lieforo Ibe taking is less lhan fba amount of lira sums seemed immediately liefuia the taking, unfest Borrower and Lender otheiwise agree in writing of Iinlrss afipticatrle law olherwisc provides, tfie proceeds shall be applied to the sums secured by Ibis Secmily Instrument whellirr or not Ilia sinus are llicn due. 11 tbc Properly is abantloned by Rorrower. or if, after rsotica by Lender to Rotrnwer tliat the condoomor offeil to make an awaid nr settle a claim for damagi's, Ronnwer fails to respond to Lender wiihm 30 days after the date Ibo irolica is given. l eiMli*! is auiho red to collect and apply tiro proceeds, at its option, either to restoration or repair of tha Property or to the sums seemed by this ScctNily Inttriiineirl. wbctlicf or not Ifien duo. Unless terwlcr an«l Borrower ollrerwise agree in writing, any application of proceeds to piiiicipal sirall not e*!einf or postfrono the due rfale of tiro moidfily payments refcired tO in Paiaj^iaphs I aird 2 or cltango lire anrurjnt of such payments 11. Borrower Not ndcasetl: rotlrenrance By Lemler Not a Waiver. Estension of tf»e time for payment or modification of amortif.ilion of tire sums secmrrf fry tins Scennty liislirimeni granted by Lcmler to any successor in interest of OcHiower shall rrot operate to release the lialMldy of tire origural Borrower or Oorrower's successors in ritleresl. Lender that! not lie inpHred to contntenre pioreetlnrgs against any successor in irrlerett or refuse to eNtcnd lime lor payment or Ollrerwise ntoddy amrHlifalimi of the sriins serurcrl by IIms Security Instrument try reason of any demand nrade by the original Rorrower or flonowri's sur rcssors in Inleiesl. Any ffMlicarancc tiy Icrujer in exercising any right or remedy sliall trot be a waiver of or piechuic the exercise of any light r>r remedy. 12 Successors ami Assigns Oniiml; Joint and Several Liability: Co signers. The covenants arrd agreements of tfria Security Insifumciit sh.ill bind and l)ennfit the successors and assigns of leiulr'r and Rorrower, subject tn tiro provisions of Paragiapli 17 Doitowrr’s covonanls and agreements shall be joint and several Any Borrower who co signs tliif Security Inslnniienl but docs not execute the Mute: (a) is co signing tiris Srcuniy Instrument only to mortgage, grant and convey tbal Donowrr’s interest in Ibe Properly muter lire feims of this Security Instiurnent; fb| is not peisonalty obtigaled to pay tlie sums seemed by lliis Sermity Instiurnent; a'ul (r) agiees ih.il lender and any other Borrower may agiee lu exteruf. mouldy, (nrlrcar or make any «iccommodatiuns witli regard to the terms of tins SeciMiiy Instrument or the fJolc wilfiiMit IImI Borrower's consent. 13. Loan Cliarges. If tbc loan secured by llus Security Inslrmncnt is subject to a law wluch sets maximum loan clmiges. and Ib.il law is fin.illy inleipicted so Ib.ii itie interest or oilier loan charges collccled or to be collected in connerlinn with the loan exceed ll»e primdied limits, tbeiv (a) any surb lo.m tbaige shall <e reduced by the amount neccssaiy In ledticc the chaigo to the pcnnillcd limit, ami Ibl any simiis alioaily coileclod from Borrower wlticli exceeded permdird limits will t>rj refunded to Oniiowrr Lender may choose to make this refund by reducing the fuincipal owed under the Mote nr |iy making a rliiect p.iyinent to Roirower If a lelund icdures principal, the rcdviclion wi'l bo IrealecI as a paili.il prrp.iymrnl willioul any |iiepavmrnt r harge undi?r tho Mule 1i. Muliccs. Ar«y notice to Buriower provided for in Ibis Security InstruinenI shall be given by delivering it or by mailing it by first class mail unless applicalile law requires use of another method. The notice shall be directed to tfie Pfopcily Aililrpjs or any oMicr address Roir- ..rr designates by notice to lender Any notice to letuler sball Im? given by Itisl class mail to lender's address stated luiein or any oilier address I endru designates l»y "otice to Borrower. Any notice provided lor in this ScciMity liisirumcnl shall l»o deemed to have been given to Borrower or Loiuler when given as provided in tliis paiagiapfi. 15. Governing Law; Severability. This Security Instrument sfiall be governed by federal law ar>d tt^e law of the iurisdiction in which the Property is located. In the event that any provision or clausa of this Security Instrument or the f.* de cordlicis wiih applicalile law, suclr conflict shall not affect oilier provisions of this Security Instrument or Ilia Note which can be given effect without the coiillicbng provision. To this end the provisions of this Security Instrument and the Mote are ilcclared to he sevr!tal»le. 16. Oorrower's Copy. Rorrower shall be given one conformed copy of tho fJofe and of tliis Secmily Instrument. 17. Transfer of the Properly or a Rcncficial tiitcrcsl In Borrower. If all or any part of tfie Properly or any interest in it is sold or transferred (or if a bor\cficial iiitciesi in Borrower is sold or transferred end Borrower is not ■ natural personi witliout lender's pdor wiilten consent, tender may, at its ojihon. rc<|uiir immediate payment in full of all sums secured by this Security Instriiinciit. However, iIns option sball not bo exercised by lender d exercise is probitiiled by federal law as of llie date of tins Security fnstmmcnt If LeinJcr exercises tliis option. Lender sliall give Borrower notice of acceleration. Tfie notice sliall provide a peiiod of not less tlian 30 days from ilte dale the notice is delivered or mailed vilfiin wliicfi Borrower must pay all sums secured by Ibis Security Inslrumonl. If Borrower fails to |iay these sums prior to the expiration of tfiis period. Lender may invoke any remedies pennitlcd by this Sccuiity Instniinent without further notico or demand on Ounower. 18. Borrower's Bight to neinslalo. If Borrower meets certain conditions. Borrower shall liavo the right to liavo enfnrceinont of this Sccuiity InstruinenI discoiiiinuod at any liino pnor to tlio earlier of: (al 5 days (or such otlier period as applicable law may specify for reiiistalomciit) hoforc sale of tho Properly pursuant to any power of sale contained in this Secuiily Instnnneni; or (hi entry of a indgniciil enforcing this Security Instrument Those conditions are that Borrower* (at pays Lctwlcr alt sums which thru would be due under tbit Security Inslfiimcnl and the Mote as if no acceleialion had occurred: (b) cures any default of any olticr covenants or agreements: tel pays all expenses incurred in enforcing llus Sccurily Instrument, itududing. but not limited to. leason.iMo otimneys* feeu: and (d) lakes such action as Lender may reason,ibty require to assure lhal the liorr of Ums Secuni/ Intliumonl. Londer's nghls in the Property ami Boirower's oblignlion to pay lire simiis secured liy Hits Security Instrument stiatl continue unchanged. Upon reintlatonieni by Borrower, tins Security Instrument ond the ohlig.iiions secured hereby shall remain hilly ellective as it no acceleration bad occurred However, this right to lonislale shall not apply in llie case of accelerotion under Paragrapli 1 7. 19. Snl« of Mole; Cliniuja of Loan Servicer. Tho Mote or a panial inlcM*st in the Note? (logcthcr with this Security Instrument) may he sold one or more tunes without prior notice to Ooiruv/cr A sale may result in a cltange In the cnlily (known ns Iho "Loan Servicer"! Ilial collects monllily payments duo under the Mote and this Sccurily Instriimorit. Tliore also may he ono or more changes of the Loan Servicer unrelated to a tale of the Mole If there is o cliango of the Loan Servicer. Borrower will be given written notice of Ibo cliange in accordanco with Paragraph 14 above and applicable law. The notice will stale the name and address of the new Loan Servicer and tfie address to which payments should ba made. Tlie notice will also contain any olhrrr inform,itlon required by apptic«ibIo law. roim 3021 9/90 /p.icje J of 4 psgesf 20. llatmJoiis Sulisti. Borrower ifinll not cause or permit tlie presence, use. «. storaQC. or release of any llaiarilous Substances on or In the Properly Borrower slioll r>ot do. nor aHow ally one else to do. anytliino affeclir^g Itie Property tirat is in viotatinn cf any Environmental taw. The preceding two senlcnces tliall not ai>ply to Ifta prtsarKe. use. or slurrKjc on il»e PiopoftY of small riunniities of Hazardous Substances tlial are generally recognived to be apr^'opilAtc lo nnnn.ll fr>^ijnnii,il uses a«»d lo ntAinlcitaitco of ll»c Properly. Donovyof shall pronipily qivc Lrtulcr wniten noltce of any invnsligatiuit, claini. dematMl. lawsuit or oilier action by any fjiiverrMtiental or rrjntalory ayrnicy or private party Hivolvir>g the Property and any Hazardous Substance or Envirntunetilal law of • diicfi Borrower fier actual fcnowlcdije If Borrower learns, or is nolified by any governincnlal or reynlatory nuthoflty. nal any removal m otiicr trinedialion of any Hazardous Substance alfcclino Ute Property is necessary. Borrower liall promptly lake oH necessary remedial actions in accordance with Environmental law. As used III this ’araijrapli 20. 'Hazardous Sufislances' are those substances defined os tome or liazanlous siibslartccs by Enviroi ncniol law and llwj fuHowing substances; gasoline, kerosene, other ftammablc or tonic pelrolcuin rrodiicls. Ionic pritn ides anil heil icides. volatile solvents, rnalerials coutaiiiiug asbestos or fotnioUchyde. and radioactive uialcnals . s iisr»d in this Paiaijiaph 70. "Eiivironrncnlal law* nieaiis federal laws and laws of tire jurisdiction where the Property is I cotr^d that relate to licallh. safety or enviroiuncnlal protection. MON UNirOHM CO’ EMANTS Borrower and lender further covenant and agree as folfows- 21. Acceleration: Reinedies. lender sliafl give notice to Borrower prior lo occelerelion follawii^g Borrower ’s breach of nny covenant or oijieemcnt In this Sociiiily liistniinonl fbiit not prior to occelmatlon iindor Porngrapli 17 unless npptii atil«* law pioviilrs olhrrwisn| The notire shall specify! (a) the tiofaiiil. (hi llto acllun reifuired lo cure the defanll; (r.| a if.ur. nnl Irss iltau 10 d.iys froiii llie il.ite llie notice is given lo IliHriiwrr. by wliii;li the defitnll rnnst be rnrerl; and till that f.i.luic lo ciire the drl.nill nn or licfiNe the dale spcciiied in the iiulice may result in arrelnalion of Itie sums scriired by this Secinily Inslninienl and sale of the Property, lb# notice sliall fnilher inform Borrower of the right lo reinstate alter nrcelerafion nnrl the riijlit to biinrj a coirit action to assert the non esiilcnca of n dpfaull or any other defense of Borrower to acceleration ami safe If the iti.daull is not cureil on or before the dale specilied in the tvolice. Lrnifrr at its rplio.; may re«|iiife imnicifiale paynicnl in lull of oil sums secured by litis Sociirily Instillment williont fur liter ifeiiiand omi may invoke the power of sale and any other temedios penniltod by opplicniile law. lender shall be ciitilleil lo collect nil cspciiscs iiiciiitod in pursuing the rcii.edics provided in this Porngraph 21. Incliiiliiig. but not liiiiiled to. fcnsim.ihio atlnineys* fees. II Lender invokes llie power of sale, lenrfer shall cause a copy of • notice of sale lo be served upon any person in possession 4>f the Properly, lender shall publish a notice of sale, end Itie Property shall be told el public auction In the manner prescribed by nfiplicabte law. lemior or its designee mey purchase the Properly et any salt. Tlia procaeJs of Ilia sate sliatl lie applied in the following order: (a) to all ei|ienses of the solo. Including, bnl rsot Umiiad to. reasonalila otturneys' fees; (b) to all sums secured by tlus Security tnsirunieiil; and (cl any escess lo tha person or persons legelty enlitlttd to it. 22. Belonse. Upon payment of all siwus so»*urerl by lliis Security Instrument, lemfcr shall discharge Ihis Securit/ Instriimeitt. Borrower shall pay any recoutafinn costs, lender may charge Borrower o foe for releasing this Security Instrument, but only if tire fee Is paid lo e third party for services rer>dereJ and the chorging of llte (co Is permitted under applicable tow. 23. Waiver of Hornesicnrf Borrower waives all rtglil of homestead evemption In tlie Property. 24. Interest on Advances. Hie interest rale on advances made by leruJer under Paragraph 7 shall not exceed lire maximum rale allowed by applicable law. 23. Riders to this Security Iiislrumeiit. If one or more riders are executed by Borrower and rcci>nJed together with lliis Sccunty Inslninienl. the covenants and agrcemcnls of each such filler shall be incorporated Into and shall amend oiirl suppicmeni llio covenants ami agreements nf this Security InsInimonI ns if tlie ridcr(s) were a part of this Security Instrument. ICheck applicable line(s)| Adjustable Bale Rider Grarjuated Payment Bider Oaflooii Rider Olhcr(s) Ispecifyl CofKlominiuin Rider Plaruied Unit Development Rider Rato IrniMovemenl Rider 1 4 Family Rider Biweekly Payment Rider Secornf Home Rider BY SIGNING BELOW, Borrower accepts end agrees lo the terms and covenants contained In tills Security Initrumerit •nd In any riderls) executed by Borrower and recorded with It. Witnesses: ■{MiAjjiu. 9jYcit >IATHALIE GRAY __ (Scan •Borrower __ ISealj •Borrower __ ISeal) 'Borrower _ (Sealf Borrower ISpaca Below Tills Line For Acknowledgrnentl Stale of County of Hinwsorh HTllg^PlN Tills instrument wos acknowledged bolore me on, HaUiaUle Groy on uiwntirrioLl {lerBon AUOUgr 10, 1995 tdtuT DRAFTED BY: GREAT WESTERN MORTGAGE CORPORATION 9A51 CORBIN AVENUE NORTIIRIDGE, CA 9132A . .. (Sell. il«nyj f.t.x liiamtit) ol axtonUil (Signature of notarief officer) > Title (arxi Rank) My commission expires: FniMi 3021 9.'90 fp,tge 4 of 4 pages) PREPARED BY AND AFTER RECORDING MAIL TO; GREAT WESTERN MORTGAGE CORPORATION P.O. BOX 92356 Lot Anfltitt. CA 90009 2356 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assignment of Mortgage Loan No.: 1-638914-2 KNOW ALL MEN BY THESE PRESENTS: GREAT WESTERN MORTGAGE CORPORATION, A DELAWARE CORPORATION whose address is 9451 CORBIN AVENUE. NORTHRIDGE, CA 91324 (hereinafter referred to as "Assignor"), in consideration of the sum of Ten and No/100 (U.S. $10.00) Dollars and otlier good and valuable consideration, the receipt and sufficiency of whicli Assignor hereby acknowledges from GREAT WESTERN BANK, A FEDERAL SAVINGS BANK , whoso address is 9451 CORBIN AVENUE. NORTHRIDGE, CA. 91324 (hereinafter referred to as "Assignee"), does hereby bargain, sell, transfer, assign, convey, set over, and deliver unto Assignee all of Assignor's right, title and interest in and to that certain Mortgage, given by NATHALIE GRAY dated 08/10/95 . and recorded simultaneously herewith in the Recorder's Office of HENNEPIN County, in the State of J0Q00|^'VvFiich Mortgage encumbers the property described as follows: M1FWE901A THE NORTHERLY 100 FEET OF THE WESTERLY 177 FEET OF LOT 10. ORCHARD PARK, HENNEPIN COUNTY. MINNESOTA. ACCORDING TO THE RECORDED PLAT THERE OF. AND SITUATE IN HENNEPIN COUNTY. MINNESOTA. PIN/TAX ID: 32-118-23-23-0007 480 ORCHARD PARK ROAD. ORONO, MN 55356 PIN/TAX ID#: 32-118-23-23-0007 TOGETHER WITH the Note and other obligations described in said Mortgage, and the money due and to become due thereon, with interest accrued and owing and to become accrued and owing thereon, and all documents executed and delivered in connection with said Mortgage and Note. TO HAVE AND TO HOLD the same unto the Assignee, its successors and assigns forever. The Assignor hereby warrants that it is the sole owner and holder of the Mortgage, Note and other documents and matters hereby assigned, subject only to the rights of Assignee hereunder. n.449R04 Ifl9/9S|Page 1 of 2 Exhibit WHEREOF. I have hereunto set my hand this 10th day of August,1995 In the capacity stated GREAT UESIERM MORTGAGE CWIPORATIOM, M Delaware Corporation BT: vl/JAjLlA./'iL Name: SUZA^^E ER*'CKSON tts: ASST, SECRETAHT « llKms/i STATE OF ILLINOIS County of DUPAGE SUzX°'SoNsIcTetTrv " ’ GREAT WESTERN MORTGAGE CORPORATION. A Delaware Coiporalion on behalf of the corporation. (Sent/ number, if eny) toiynstu. e of person tekhg etinow/edgmenO fOTARY PUBLIC STATE OF ILLINOIS . by (Title or renk! (ji-;* « » • r *. CA>'* «*• <'• ^•OTA!lY rUI.-JCr-TA.K •.>? Illff'Or- Page 2 of 2 FOR ROBERT RODEN & NATHALIE GRAY IN LOT ;0, ORCHARD PARK HENNEPIN COUNTY, MINNESOTA ” / r ^ W- • •*si ?'• r^t !•1 .• •- ‘Vn i »! Park, EXCEPT tho northerly 85 feel of the Westerly 177 ^S wwS gem ^!!^ approved lot line A. ACCORDING TO THE CURRENT CERTIFICATE OF TITLE • The Northerly 100 feet of the of the Westerly 177 feet of Lot 10, Orchard Park, Hennepin County, Minnesota, according to the plat thereof on file or of record In the office of the Register of Deeds In and for said County. Psrk, EXCEPT the northerly^S^^of the Westerly 177 ■> •. A^'AJ l(JLC</ V, 'JyMfL Ho6l a r T. LOhHMl^c e, ^CbLfJ MAfaA Of oaqa ^o CC^AK OA OMO aJO o: denotes iron marker J4T( 4A/A 01/(0 ^•Vc REQUEST FOR COUNCIL ACTION DATE: OctoWrQi|^|iJ96 ITEM NO.: Department Approval: Name Jeanne A. Mabusih Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2181 Janies Nystrom, 1745 Concordia Street - Renewal Variance - Public Hearing Zoning District: LR-IC, Single Family Lakeshore Residential Total area = 20,020 s.f. or .46 acres Application: Applicant has filed a renewal variance seeking reapproval of average lakeshore setback, side setback, hardcover variances within the 75*250' and 250-500' setback areas that would permit construction of a new residence and detached garage. The existing residence and garage shall be raised. The original resolution approving the variances will expire on November 27, 1996. The following ordinances are pertinent for this review: 1.Section 10.25, Subd. 6(B) A. Lot area variance Required = 21,780 s.f or .5 acres Existing = 20,020 s.f or .46 acres Vaiiance = 1,760 s.f or 4% B.Lot width variance Required = 100' Existing at 75' setback and measured at a straight line at Shoreline = 75* Variance = 25' or 25% C.Side setback variance at both north and south lot lines Required = 10' Proposed = 9.5' (overhang located 8.5' from side lot lines) Variance = 0.5' or 5% 2.Section 10.22, Subd. 1(B) - The majority of proposed structure w ill encroach the average lakeshore setback line. 3.Section 10.22, Subd. 2 [10.56, Subd. 16(L)] - Review of hardcover variances. A. 75-250' setback area = 13,140 s.f Allowed = 3,285 s.f or 25% Approved in 1995 = 4,600 s.f or 35% Variance = 1,315 s.f or 10% Request for Council Action continued page 2 of 2 October 24, 1996 Zoning File #2181 B.250-500' setback area = 1,250 s.f. Allowed = 375 s.f. or 30% Approved in 1995 = 750 s.f or 60% Variance = 375 s.f or 30% List of Exhibits A - Application B - Plat Map C - Property Owners List D - Existing Survey E - Resolution #3643 Approving the Variances as Proposed F - Planning Commission Minutes 8/21/95 G - Council Minutes 9/11/95 H - Council Minutes 11/13/95 1 - Council Minutes 11/27/95 J - Proposed Site Plan K - Elevations L - Section Plan M - Floor Plans (Foundation, Main & Upper Floors) Description of Request Applicant proposes the same plan for the redevelopment of the property seeking approval of setback and hardcover variances for construction of new residence and detached garage. The foundation or footprint of the structure will be located 9 1/2' from the side lot line with a 1' overhang extending to 8.5' from both north and south side lot lines. The majority of residence structure will encroach the average lakeshore setback line. Hardcover variances in the 75-250' setback area are 10% and in the 250-500' setback area 30%. Planning Commission Recommendation To approve the setback and hardcover variances noted above subject to the findings and conditions set forth in the approval resolution of November, 1995, Resolution #3643. COUNCIL ACTION REQUESTED: To adopt or amend the approval resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B), SECTION 10.22, SUBVISIONS 1 AND 2, AND SECTION 10.56, SUBDIVISION 16 (L) FILE #2181 WHEREAS, James Nystrom (hereinafter "the applicant") is o^vner of the property located at 1745 Concordia Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 13, Coffee's Addition to Shadj-wood, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow construction of a single family residence and detached garage on the lot, 0.46 acres in area, where 0.5 acre lot area is required, and where lot is 75' in width where 100' is required by code, and said residence structure will be located 9.5' from the north and side lot lines where a 10' side yard setback is required, and a variance to Section 10.22, Subdivision 1 (B) to allow the majority of new residence structure to encroach the average lakeshore setback where no such encroachment is normally allowed and a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover on the property in excess of the allowed hardcover limitation allowed by the zoning code. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2181. 2. The property is located in ihe LR-IC, Single Family Lakeshore Residential Zoning District. Page 1 of 7 J 3.The Orono Planning Commission reviewed this application on October 21, 1996, and recommended approval of the renewal variances as proposed based upon the following unique findings and hardships: A. The lot area and lot width variances should be granted since a residence already exists on the property and no additional land is available for purchase by the applicant to make the lot area and width more conforming. B C. D. E. The average lakeshore setback variance is justified based on the location of the adjacent house to the north which is extremely distant from the lake and therefore creates an average setback line which would force applicant's proposed residence to be similarly distant from the lakeshore. resulting in not one but two residences out of character with the general residential development in the neighborhood. The applicant has proposed to remove the existing detached garage which is 0.1’ from the south side line and move that garage to a location meeting all setback requirements. The requested variances to allow a side setback of 9.5' on both the north and south side lot lines where a 10’ side setback is normally required, are justified by the elimination of the existing 1.6' south side setback by replacing that structure with a new structure meeting 95% of the required setback instead of the existing 16%, and said setback variances are further justified by the negative impact on room sizes and house layout if the variances are not granted, and the improved location of the residence in relation to lot lines provides further overall justification for the setback variances. Hardcover in the 75-250’ zone is proposed to increase from 24.6% existing to 31% proposed by applicant. Moving the proposed house and deck out of the 0-75’ zone results in a final hardcover (accounting for reduced sidewalk length) of approximately 4,600 s.f. or 35.0% in the 75-250’ zone. This percentage increase is justified by the Page 2 of 7 hardcover elimination in the 0-75' zone. Further, hardcover in the 250-500' zone will increase from the existing 22.8% to 60% proposed by the applicant where only 30% is normally allowed, however, a hardship is the small size of the 250-500' zone and the variance is justified by the concurrent removal of hardcover in the 0-75' zone and general reconstruction of hardcover at locations further from the lake ’ than currently exists. Overall hardcover on the property is proposed to decrease from 5,715 s.f. (28.5%) to approximately 5,350 s.f. (26.7%), where the entire lot would normally be allowed 18.3% hardcover under normal hardcover limitations. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. 5. 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; aiKi would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the removal of the existing residence, deck and detached garage and construction of a new residence, deck and detached garage on a lot of area 0.46 acre where a 0.50 lot area is normally required, and on a lot of width 75' where a 100' lot width is normally required; and grants a variance to Section 10.22, Subdivision 1 to allow the new residence and deck to be constructed lakeward of the defined average setback line, and grants a variance to Sections Page 3 of 7 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow 35.0% hardcover in the 75- 250' zone where only 25% hardcover is normally allowed, and to allow 60% hardcover in the 250-500' zone where only 30% hardcover is normally allowed; and grants a variance to Section 10.25, Subdivision 6 (B) to allow the new residence structure and deck to be located 9.5' from the north and south side lot lines where a 10' side setback is normally required; subject to the following conditions; 1. 2. 3. The proposed new residence and deck shall not be located within the 0-75* lakeshore setback zone, and no hardcover will be allowed in the 0-75’ zone. Hardcover in the 75-250' zone shall be limited to 4,600 s.f. (35.0%) per the diagram and schedule attached as Exhibit A. Further, hardcover in the 250- 500 ’ zone shall be limited to 750 s.f. (60.0%) per the schedule and diagram attached in Exhibit A. Applicant is advised that any future proposals to add hardcover to the property beyond the levels approved in this resolution will require an additional variance application, and might be approved only with concurrent lemovals of existing hardcover to result in no net hardcover increase. Roof overhang shall extend no closer than 8.5’ to the vertical extension of the side lot lines. 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 (October 28, 1997). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of 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 7 Adopted by the Orono City Council on this 28th day of October, 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 28th day of October, 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 7 r STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared _________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared ______________________________^---------------- known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 7 «: ‘ Application U 9! Date Received t-c Amount Paid /-? * CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S220.00 ($50.00 per each additional variance) f f Renewal Variance Fee $120.00 (no change from original application) / ‘j Variance for non-confonning structures $220.00 After-the-Fact Fees (Double application fee) &■1 ‘^r:.•'..........• • . 1 • -S- . * :-1.J r.' V PROPERTY INTOR>UTION S ite Address______________14S n - m» Qoi^Property Identification Number (P.I.D.)__ Attach legal description to appUcation if not included on required survey. Date Property Acquired___________ ______________________(month/year) I (do not) also own the adjacent parcels of land. Present use of property: X residential ___^other (specify)---------------------------------- Zoning District:___________________________________________________________ Phone (home)applicant ---^ Name L __________ Phone (work) ^Tz» ------ Address: IZ^I 00, BtA>Jcj-iKl yW>^ity: ___Zip: OWNER (if different than applicant) Name_______________________ Phone (home). Phone (work)_ Address:Citv:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: _____KciKifeuJXL. Ot~ v/A*^A^cfc---- (attach additional sheets if necessary) VARIANCES REQUIRED X Lot Area X Setback: ___Lot Width Front X Side X Hardcover Rear ___Lot Coverage K Average Lakeshore Other (specifr ) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficu'ty or unusual property conditions preventing compliance with Zoning Code requirements:--------------------------------------------------------- (attach additional sheets if necessary) 7 A REQUIRED SUBMITTALS All of the following information must hg submitted bv the application deadline date in order for vour application to be considered complete: 1. n j. 4. 6. 7. 8. Completed Application Form Certified Propern- Owmers 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, Govi Center, 348-3271). Certificate of Survey (signed by a licensed suiveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'A" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/i" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8‘/i" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff The Applicant and Property Owner must sign this application. Please remember that vour variance apnlication is not complete if the above information has not been included,, APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant e.xpenses incurred in review of this application, and certifies that the information supplied is true r DateApplicant's Signature OWNER’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^v^stication and verification of this request. j /jlpOwner’s Signature Date Applicant must have all subminals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. .Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 1 RUN DATE 09/2^/96 BATCH 504PROP ADOR OHNER NAME TAXPAYER NAME/ADOR PROP ADOR OHNER NAME TAXPAYER NAHE/ADDR PROP ADOR OHNER NAME TAXPAYER NAT^AOOR PROP AODR OHNER NAME TAXPAYER NAME/ADDR PROP AODR OHNER NAME TAXPAYER NAME/AODR PROP ADOR OHNER NAME TAXPAYER NAME/ADOR HENNEPIN COUNTY PROPERTY ZNEORHATION SYSTEM PROPERTY ONNERS LIST58 17-117-25 22 OOlS01825 CONCORDIA ST L F A S L 6EHL LARRY t SHARON 6EHL 1825 CONCORDIA ST HAYZATA MN 55391 58 17-117-23 22 0018 01755 CONCORDIA ST GERALD H KLECKNER GERALD N KLECKNER 1755 CONCORDIA ST HAYZATA HN 55391 38 17-117-23 22 0021 01705 CONCORDIA ST JANET JACOBSON SACHS JANET SACHS 7545 17TH AV SO RICHFIELD m 5S423 58 17-117-23 22 0024 01687 CONCORDIA ST J N GEHRING/K REIM(E GEHRING JOHN 8 KRISTIN GEHRING 1687 CONCORDIA ST HAYZATA MN 55391 38 17-117-23 22 0027 01760 CONCORDIA ST H 0 HOLD A S L HOLD HINTON 0 HOLD 1760 CONCORDIA ST HAYZATA MN 55391 38 17-117-23 22 0030 01740 CONCORDIA ST 0 J BELAHSKl ADC BELANSKI DAVID J A OAYNA C BELAHSKl 1740 CONCORDIA ST HAYZATA MN 55391 38 17-117-23 22 0016 01785 CONCORDIA ST K T OULIN A B G OULIN KEVIN OULIN A BARBARA OULIN 1785 CONCORDIA ST HAYZATA m 55391 38 17-117-23 22 0019 01745 CONCORDIA ST JAMES T NYSTROM JAMES T NYSTROM 1701 MADISON ST N E MPLS MN 55413 38 17-117-23 22 0022 01685 CONCORDIA ST T L PALM A M A PALM THOMAS L PALM 1685 CONCORDIA ST HAYZATA MN 55391 38 17-117-25 22 0025 01800 CONCORDIA ST P 0 A K J HANSEN PAUL A KAREN NANSEN 1800 CONCORDIA ST HAYZATA MN 55391 38 17-117-23 22 0028 01750 CONCORDIA ST PAUL J BOZONIE PAUL J BOZONIE 1755 EAGERNESS POINT RD ORONO MN 55391 38 17-117-23 22 0031 01695 CONCORDIA ST THOMAS A STOKES THOMAS A STONES 1695 CONCORDIA ST HAYZATA MN 55391 REPORT NO. PI455401 PAGE 2338 17-117-23 22 001701761 CONCORDIA ST MARGARET L ANTOINE DAVID A MARGARET HOLSTE 1761 CONCORDIA ST HAYZATA MN 55391 38 17-117-23 22 0020 01725 CONCORDIA ST CHARLES H OLSON CHARLES H OLSON 1725 CONCORDIA ST S HAYZATA HN 55391 38 17-117-23 22 0023 01695 CONCORDIA ST 0 J A 0 R BELANSKI DONALD JOHN BELANSKI 3819 COLORADO AVE N CRYSTAL MN 55422 ‘ • 2 ‘4 '''i ^ I 38 X7-X17-2S 22 0026 0X780 CONCOROIA ST THE VILLAGE OF OftONO THE VILLAGE OF ORONO P 0 BOX 66 CRYSTAL BAY MN 55323 f 38 17-117-23 22 0029 01755 FA6ERNESS POINT RO PAUL J BOZONIE PAUL J BOZONIE 1755 FAGERNESS POINT RO ORONO m 55391 38 17-117-23 22 0032 01680 CONCOROIA ST LAO SEBOK LINDA D SEBOK 1680 CCXCORDIA ST HAYZATA m 55391 RUN DATE 09/24/9A HE»«FIN COUNTY PROPERTY INF0»UT10N SYSTEM PROPERTY ONNERS LIST REPORT NO. PMBMl PAGE 24BATCH 504PROP AODR ONNER NAME TAXPAYER NAME/AOOR SB 17-117-25 22 0035 01815 EAGERNESS POINT A A J RITCHIE ALAN J RITCHIE 1815 EAGERNESS POINT S NAYZATA MN 55391 38 17-117-23 22 004001635 CONCORDIA ST HOHARO R ALTON III HOHARD R ALTON III 1635 CONCORDIA ST ORQNO MN 55391 38 17-117-23 22 004301675 CONCOROIA ST HELEN K TRAINOR HELEN K TRAIMOR 1675 CONCOROIA ST NAYZATA MN 55391 PROP ADDR OHNER NAME TAXPAYER NAME/AODR TOTAL BATCH 504 00021 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOHLEDGE AND BELIEF DATE • BY .14 A* . ♦;% i} V.. i• ...•.cr:: j • 1* 1; .w r f .V. A‘ ' w■ ‘,<r 1 ''-SOUTN / .75.00 fv. C. Concordia.Street rv) in Xmzzm2 z oo z H -< Zzm COo o T| 3 CO oo T| ■nmm CO >a 2 :d ©■ CO X >a •< $ooa O 30mo n 30 > iJSimm om X H 2 o > m o ■n COc= X <m TIo X • N li 1%CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 6 4 3 A RESOLUf ION GRANTING V.\R1ANCES TO MUNICIPAL ZO.NING CODE SECTION 10.25, SUBDIVISION 6 (B), SECTION 10.22, SUBDFVISIONS 1 & 2, AND SECTION 10.56, SLTIDIVISION 16 (L) FILE #2057 \MIERE.AS, James Nysirom (hereinafter "the applicant") is ON^-ner of the propeny located at 17~.^ Concord .i Street within the City of Orono (hereinafter "City") and legally described as follows: Ixit 13. Coffee ’s .Addition to Shadywood, Hennepin County, Minnesota (hereinafter "the property’’): ar^d WHEKEAS, fne applicant has applied to the Cit}' for variances to Munlcipa’ Zcnim: Code Section iO.25. Subdivision 6 (B) to allow constructicn of a single fttmiiy .'esidence and detached garage on a lot 0.46 acre in area where 0.5 acre lot area is required, and 75 ’ in width, where W'.)' is normally required, and said residence structure being 9.5' from the norin a:id south side lot lines where a 10’ side yard setback is normally required, and a variance to Section 10.22. Subdivision 1 to allow said sirucnire to be located less than the normally required 75 seib.sck irem the lakeshore and such location encroaching on the average lakeshore setback whete no encroachment is normally allowed, and a variance to Sections 10.22. Subdivision 2 and 10.56. Subdivision 16 (L) to allow hardcover on the property in excess of tlie hardcover limitations imposed by the zoning code. NOW, THEREFORE, BE IT RESOL^TD by the City Council of Oroim, Mirjie.sota: FINDLNGS This application was reviewed as Zoning File #2057. The propeny is located in the LR-IC, Single Family Lakeshore Residential Zoning District. Page 1 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S 6 43 3.The OroDO Planning Commission reviewed this application on August 21, 1995, and recommended approval of certain requested variances and denial of other requested variances based upon the following findings; A. B. The lot area and lot width variances should be granted since a residence already exists on the property and no additional land is available for purchase by the applicant to make the lot area and width more confomiing. The proposed variance to allow construction of a deck in the 0-75' lakeshore setback zone should be denied because no adequate hardship has been justified to support such a variance. The removal of the existing residence and deck area affords every opportunity and ability to construct a residence and deck meeting the required 75' lakeshore setback, and the relative location and current use of the residence structure on the adjacent property do not provide sufficient hardship to justify the granting of the requested lakeshore setback variance. The average lakeshore setback variance is justified based on the location of the adjacent house to the north which is extremely distant from the lake and therefore creates an average setback line which would force applicant's proposed residence to be similarly distant from the lakeshore. resulting in not one but two residences out of character with the general lesidential development in the neighborhood. The applicant has proposed to remove the existing detached garage which is 0. r from the south side line and move that garage to a location meeting all setback requirements. The requested variances to allow a side setback of 9 c- o.i : jth the north and south side lot lines where a 10' side setback is normally required, are justified by the elimination of the existing 1.6’ south side setback by replacing that structure with a new structure meeting 95% of the required setback instead of the existing 16%, and said setback variances are further justified by the negative impact on room sizes and house layout if the variances are not granted, and the improved location of the residence in relation to lot lines provides further overall justificaticn fthe setback variances. Page 2 of 7 1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 6 4 3 F.A Hardcover variances in the 0-75' zone is not justified since the removal of existing residence and deck allows for the replacement of a new house and deck meeting the 75’ lakeshore setback and therefore any hardcover in the 0-75’ zone can easily be avoided. Applicant has not shown adequate hardship to justify placement of hardcover in the 0-75’ zone. G.Hardcover in the 75-250' zone is proposed to increase from 24.6% existing to 31% proposed by applicant. Moving the proposed house and deck out of the 0-75’ zone results in a final hardcover (accounting for reduced sidewalk length) of approximately 4,600 s.f. or 35.0% in the 75-250’ zone. This percentage increase is justified by the hardcover elimination in the 0- 75’ zone. Further, hardcover in the 250-500’ zone will increase from the existing 22.8% to 60% proposed by the applicant where only 30% is normally allowed, however, a hardship is the small size of the 250-500’ zone and the variance is justified by the concurrent removal of hardcover in the 0-75’ zone and general reconstruction of hardcover at locations further from the lake than currently exists. Overall hardcover on the propert}’ is proposed to decrease from 5.715 s.f. (28.5%) to approximately 5.350 s.f. (26.7%), where the entire lot would normally be allowed 18.3% hardcover under normal hardcover limitations. The City Council finds that the negative impact on sizes and house layout and improved location of the residence in relation to lot lines as compared to the existing residence, is adequate justification for granting of the requested side setback variances for the new residence, but only in conjunction with a reduction of the side roof overhangs to a width of 1’, resulting in no overhang encroachment nearer than S.5' from the side lot lines." The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 3 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3^43 * 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property’ in tliis 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property’ right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS B.ased upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the removal of the existing residence, deck and detached garage and construction of a new residence, deck and detached oarage on a lot of area 0.46 acre where a 0.50 lot area is normally required, and on a lot of width 75' where a 100 ’ lot width is normally required; and grants a variance to Section 10.22, Subdivision 1 to allow the new residence and deck to be constructed lakeward of the defined average setback line, and grants a variance to Sections 10.22, Subdivision 2 and 10,56. Subdivision 16 (L) to allow 35.0 ‘/^ hardcover in the 75-250' zone where only 25% hardcover is normally allowed, and to allow 60% hardcover in the 250-500' zone where only 30% hardcover is normally allowed; and grants a variance to Section 10.25, Subdivision 6 (B) to allow the new residence structure and deck to be located 9.5' from the north and south side lot lines where a 10' side setback is normally required; subject to the following conditions; 1.The proposed new residence and deck shall not be located within the 0-75' lakeshore setback zone, and no hardcover will be allowed in the 0-75 zone. Hardcover in the 75-250 ’ zone shall be limited to 4,600 s.f. (35.0%) per the diagram and schedule attached as Exhibit A. Further, hardcover in the 250-500' zone shall be lunited to 750 s.f (60.0%) per the schedule and diagram attached in E.xhibit A. Applicant is advised that any future proposals to add hardcover to the property beyond the levels approved in this resolution w’ill require an additional variance application, and might be approved only with concurrent removals of existing hardcover to result in no net hardcover increase. Page 4 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 6 4 3 3.Roof overhang shall extend no closer than 8.5' to the vertical extension of the side lot lines. Authorities granted by this variance run with the propert>- 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 (November 27, 1996). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of November, 1995. ATTEST: . ' Dorothy illin. City' Clerk A' Edward J. Call?tt^n, Jr., Mayor ^ ss. Prope'rty-Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of November, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono. a Minnesota municipal corporation and said insuiiment was executed on behalf of the City. CAROLE A. HASEMAN ROWmr n«X-UNNESOTA HB#<PWC0U(TY My Comitilalon An. J1. jooo Notary' Public Page 5 of 7 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ ^ 4 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this^^r^ day of «/> r and for said county , personally appeared , 1996. before me a Notary' Public within 1 known to me to be the person(s) described in and wHb executed tfi^ foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A HASEMAN mmfmjC4tmsBVk MBI0W COUNTY My OoMMssien bpitn Jan. 31.2<X!0 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) e.xecuted 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 Fhiblic within and for said count}', personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 7 MINUTES OF THE ORONO PLANNING COMNOSSION MEETING HELD ON AUGUST 21, 1995 (~14 - #2056 Michael & Barbara Wigley - Continued) Hawn said if the boulder walls were wanted to hold soil before revegetation, a landscaper should be able to provide plants that germinate quickly. Silt fencing w'as noted to be an option to prevent erosion into the lake while vegetation was germinating. Peterson moved, Schroeder seconded, to table Application 1=2056 for redesigning and gaining of a MCVHT) permit. .A.yes 6. Nays 0. Lindquist said the walls would more than likely be denied by the lake and is not in favor of going ahead with this proposal. Schroeder s^id if erosion was clearly shown, then he w ould be willing to look at the proposal. Smith said she did not see the project to include boulder walls. The applicant responded that her major concern for the project was the safety of her children. (#15) #2057 JAMES NYSTROM, 1745 CONCORDU STREET - VARIANCES - PIJBUC HEARLNG 10:58-11:22 P.M. The Certificate of Mailing and .Affidavit of Publication were noted. Mr. Nvstrom and his architect, Greg Frazee, were present, GaKfon reported that the application has been amended and is now proposed as a residential tear dowm and replacement The principal structure is presently located within . the 0-75' zone and is proposed at the 75' line with a 10' wide deck encroaching the 0-75 zone The detached garage will also be taken down and reconstructed to meet the setback requirements. Hardcover in the 0-75' zone would be significantly reduced with increases shown in the 75-250' and significantly so in the 250-500' zone. The side setback is proposed at 9.5' where 10' is required. The average lakeshore setback is also an issue to the house on the nonh. Lindquist asked if the deck and house could be moved back 10', resulting in no hardcover in the 0-75' zone. Frazee said this could be done but prefen ed the proposed scenario. The house to the south e.\tends into the 75' setback with a porch touching the side lot line. With the proposed house located at the 75' line, it allows the applicant to maintain the same view as the neighbor and the ability to look beyond the house. If the house is moved back 10’, the view of the lake would be limited. Lindquist said he had a problem with any structure in the 0-75'. MINUTES OF THE ORONO PLANTsING COMMISSION MEETING HELD ON AUGUST 21, 1995 (#15 - #2057 James Nvstrom - Continued) Peterson said if a ne a’ house was buui to the north, it also would be at the 75' line Schroeder appreciated the tremendous improvement made in the proposal and saw no problem with the deck as there were hardships with the house Hawn asked why the 10’ side setbacks could not be met. Frazee said he worked with the floor plan trying to minimize room sizes to meet the requirement He tound it would be necessary to move rooms upstairs, and it w as the intent of the appl’cant to maintain an understated and lower protile Peterson read into the minutes a letter received from the DN'R recontmending denial of the application due to structure within the 0-75' zone. The DN’R determined a reasonable alternative would be to move *he structure back 10'. Peterson informed the applicant that this is the only opportunity tkv City has to make properties meet current codes. Schroeder noted lakeshore properties are a "Catch 22" proposition. Owners want to be on the lake, yet it is bad for ihe lake. Gaffron noted that the average setback, lot area, and lot width problems are inherent to the property. The pertinent facts r mg to the existing and proposed houses were reviewed. A major improvement \ setbacks was proposed for the garage Schroeder moved '<ri«rove .Application #2057 as proposed due to the obvious hardships of the property, th- „jDstandard lot, the considerable effort to meet regulations, in particular the 0- • zone, to warrant the proposed exceptions There was no second to the motion. Peterson said the property had the amount of space needed to move the house back and set the standards where they would meet City requirements. The applicant said there was a privacy issue involved. The neighbor's screen porch being on the property line looks directly into the home. L'mdquist said, although the reasons were valid, many other applications also have valid reasons. He noted it was becoming more difficult to allow any encroachment into the 75' lakeshore area. Schroeder agreed. Gaffron said the City cannot predia what will happen with other homes in the area. Decisions cannot be made based on possible predictions. The applicant said the home to the south was in good condition. I NtINUTES OF THE ORONO PLANNING CONCvOSSION MEETING HELD ON AUGUST 21, 1995 (#15 - #2057 James Nystrom - Continued) Lindquist said there were three choices, to table the application, deny the proposal,^ approve the proposal with an amendment moving all structure out of the 75 area. The applicant suggested amending the application to move the structure and deck back 10. Lindquist moved. Smith seconded, to approve Application 3=2057 with the stipulation that all sirucrure be moved back out of the 0-75’ setback zone. Ayes 6, Nays 0. (#16) #2058 RON RANTZ/AUTOGR.AFS INC., 2525 SHAJ)\NVOOD ROAD - COMMERCLAL SITE PLAN/'VARLANCE - PUBLIC HEARLNG 11:22-11:55 P.M. The Cenificate of Mailing and .Affidavit of PubUcation were noted. The applicant and contractors. Keith Waters and Blake Bichanich. were present. Mabusth reponed that the proposal is for a commercial office building just south of the intersections of CoRds 15 and 19. The property is made up of 3 vacant lots, two ot which front CoRd 19 with a 250' frontage and zoned B-4 commercial. The other lot to the rear is zoned residential and would suppon a duplex. The lots would be combined, and a sinele office building would be ereaed to house a national office center tor Autografs, Inc. The applicant proposes to reduce the amount ot parking available to vvhat actual usage is predicted and provide space for future expansion if needed. The goal is to maintain open space with plantings. It is the appUcanfs desire to protert the wooded, treed area. There is a provision for future parking with the current plans. The business is a prc .otype, and the appUcant would like to know if there is an abiUty to exoand the building and parldng into the residential zoned area in the future if needed. Retaining ponds w^uld be located on the property with drainage for the initid building and e.xpansion proposed to drain imo the pond. It would be connected with a 12 culvert. All dr^age will be directed away from KeUey Avenue and to the east under County Road 19. Ron Rantz relayed the background on the use. The building would be a corporate office and graphic design center using 3M technology. The company is creating a marketplace for the technology. The computer work and production would be perfonmed on the premises to include a printing area that would create the graphics thai computers that would eo out to kiosks within car dealerships nationwide. The location was chosen due to nearness to 3 M and Rantz’home. The number of employees would be limited. The technology requires a controlled environment of temperature and humidity for the pnntmg process ^Rantz reported that there would be no chemical concerns as there is nothing toxic within the toners used. The produa is the same as that used in lazer toners. The process electrostatically feeds off of the humidity and air. People are able to remain in the room throughout the process with no personal harm. MINUTES OF THE REGUT-\R ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 11,1995 CitO . ;*2051 Michael Hiibelink/John Vogt - Continued) M-^h-sth said there is an issue of m*o drain outlets on the east side of the property by the Peterman Addition and direaed along the lot line to Old Crystal Lay Road. The outlets serve no function and can be closed according to the Engineer. The access for three lots %viU be sen-ed by private road, vv-ith lot 4 to the south by e.'dsting curb cut that sen ed the original house, it was noted that if a new road were put in on the east side, it would create 4 thru lots in the Peterman addition and j thru lots in i e current proposal wnth a lot surrounded on three sides by a road. It was determined to e best served by an internal road, one reason of which to move around the forested area. Hurr asked about two a.'-emate septic sites shown in a stand of trees. Hilbelink said a secondarv. site was m the stand of trees with the principal, halt m and half out. He noted that if a road were to be located to the east, it would be difficult to find two alternate septic sites. Hurr asked about the 10’ and 15’ easements. The first 200’ would be adjacent to the road, according to Cook, due to the wetlands on the propert>’ The 15' w’ould be r^JJ^^ed to stay out of the tree line. It was noted that the easements were already granted for the traU. The trail wiU be built this month. The value of the acreage would be deducted against the 8% park dedication. Hurr moved, Kelley seconded, to approve Resolutif n r?3601. Ayes j. Nays 0. (#10) #2057 JAMES NYSTR* l I, 1745 CONCORDIA STREET - VARIANCES - resolution #5602 The applicant was represented by architect, Greg Frazee. Gaffron noted that the aopUcation is for a number of variances. The original proposal was for an addition located 23’ from the lake. The Planrdng Commission was not m favur of the addition. An amended proposal was presented for a new house located at the 75 setback line with a 10’ deck encroaching the 0-75' zone. The proposed new garage was oroposed at a central location, which would meet setback requirements. Hardcover was proposed at 10.1% in the 0-75’ zone. 31% in the 75-250’ zone, and at 60«/o in the 250- 500’ zone. The Planning Commission saw no justification in encroaching the 0-75 zone with a deck and asked for the house and deck to be moved back out of the zone. The side setback was to change fi-om 10’ to 9.6 ’. It was noted by the appUcant’s architect that anv change in the house width would adversely affect the room sizes. Gafifi'on reported the present proposal shows the house out of the 0-75' zone with hardcover at 35% in the 75-250’ zone and at 60% in the 250-500' zone. A new reconfiguration of the driveway eliminates a large portion of blacktop. Hurr said she saw no hardship for a side setback variance. MINUTES OF THE REGULAR ORONO Cm' COUNCIL MEETING HELD ON SEFTEMB t t JUfX A Ay ^#10 - =2057 James Nvstrom - Continued) % ^ Frazee said the home was designed as an understated cottage with an upper master bedroom and bath. With the narrov-Tiess of the lot, the applicant wanted a low prohle. the house were to be made narrower, it would require a second stor>' design. Frazee sai this would not be in keeping with the neighborhood. Hurr voiced concern with the house heiaht changing in the tlirure if this proposal were approved. Hurr said she was concerned with the drip line from the proposed residence. The co e requires a 10' seoaration with a nadmum allowed 1-1/2’ encroachment ot an overhang in the 10' setback. The proposed residence shows a 9.5' setback and 2.2’ overhang, which would bring the roof drip line closet to the side setback line. It was noted that the neighbor's home to the south sits on the lot line as well as the saraee. It was said that a new home would be anticipated in the future on the lot to the north. KeUey said he agreed with the need to meet the side setback and maintain the house out of the 0-75 ’ zone. Kelley said this w ould require the house to be T narrower on each side with the overhang. Hurr said this design requires more land than the lot provides. Frazee said the owner took steps to make improvements on the .ot by proposing a new . ouse. Hurr noted the old residence "on average" met the 10* side setback. Callahan questioned this conclusion, opining that it was better to move farther in than 1.6' as presently located on one side. Hurr said it was her opinion that the side setback should be met as well as no exceeding of the 1-1/2’ overhang allow able. Callahan noted that the house was moved out of the 0- 75' zone. Gafiron asked if the footprint to the house were to change, if the Council would like to see the nopUcation again. It was determined if the design met codes, met the side setbacks, met the 30' hardcover requirement, and was out ot the 0-75' zone, the Council would approve the application. Hurr moved, Kelley seconded, to approve Resolution ^3602 with amendments as noted. Ayes 3, Nays 0. (^11) #2033 DONALD & ARLENE KBELLEY, 1670 SHAD WOOD ROAD - VARLA 'fCES - RESOLUTION #3603 Mr. Kielley and contractor, Jerry Roelofs. were present. 8 MINUTES OF THE REGULAR , 5^5^^ ^ MEETING HEU) ON NOVTMBER John 0‘<^»>nivan Council Duection - Connnued) % Goenen inquired about a possible purchase irdbmted her that he has an opt,on to P^' *' o'SuUivan said he would meet wdth Four potential site plans are currently bems drawn, u oumr^ s City Staff once the plans are done. Plans include retatl and office space. Ameenng also take place with neighbors of the property. R MZL.AMED/R L.ALER. 9dU OLD CRVST.AL BAV RO.AD SOUTH - FINAL SUBOrVlSION - RESOLUTION f#3629 Hurr moved, Goeuen seconded, to adopt Resolution «629. Vote: Ayes 5. Nays 0. (-»6) #2031 BRUCE R. KELLV, 2340 FOX STREET - PRELIMINARY SUBDIVISION - RESOLUTION s36o0 Hun moved. Goetten seconded, to adopt Resolution «630. Vote: Ayes 3, Nays 0. (#7) «057 JAMES NYSTROM. 1745 CONCORDU STREET - VARIANCES - request FOR RECONSIUERA1 ION Mr. Nystrom and his architect. Greg Fraaee, were present. i.vu. --------------- Osffion repor.ed that the Council 23 meeting. The - piannins Commission review lead to apphe^t23 meeting. The eidsting house with de« ,s ^y commission review lead to applicant Lt^dr^um lesser siue seioacK.. fhif the aDolicant resoonded to the requests of the Planning Frazee commented that ; ‘ • gnts The aoDlication was then unanimously Commission to meet cettmn re commission but rejected by the Council, recommended tor approv y h | Commission saw the many positives that ^uld tl“ Na": ;^:;:?s';Jn:?ptoperty. bm ^e CouncU did not do the same. __ * • reviewed the f^b^^Mr.^e galT^ o°n ffielt located 2j ‘TP'"..-^ted on the lot Une. Frazee said Nystrom liked thelocated 23' "^Too^^ Une. Frazee said Nystrom liked the line. The ^ for update and realized the problem wtth closeness to the lake but saw the n^ h ^ ^ ^ proposal was then amended to r MINUTES OF THE REGULAR ORONO C1T\' COUNCIL MEETING HELD ON NOVEMBER 13, 1995 - .^2057 Jzm^s Nvstrom - Ccn vj^d) Frazec said the problem with meeting the side setback lies with the desire to keep a low profile, an understated cottase look, so as not to dominate the neighborhood. To decrease the floor plan would cause the applicant to build a rwo-story to gain the needed space. Frazee asked the Council to reconsider their decision, taking into account the benefits gained by the proposal, concessions and expenses made, especially the house being moved out of the 75' zone. Nystrom commented that the house and garage as they exist are contrary to the City comprehensive plan. He felt he was taking a proactive aporoach with his proposal. Nystrom said he was only asking for 12" to ma.ximize his space as he does not wish to have a two-story home. % Callahan noted that the three Council members present at the prior application review were Kelley, Hurr, and himself Gafiron added that there was also the issue of the overhang. The code allows for a 1-1/2' overhang. The proposed overhang is 2.2' with the additional 6" variance resulting in a 7- 1/2' setback from the drip line to the lot line. With the additional variance, Gaflron said there is still a better setback fi-om the south but closer on the north side. It was no^ed that one side of the residence is available for emergency vehicles to go around. Hurt said, because in replacement we consider this as a new lot, she saw no hardship to aUow the house to not meet code. Even with the positive changes. Hurt felt it would set a bad precedent to allow the variances. CaUahan noted that with the bad situation as is represented by the property now, the changes result in many positives. Frazee added that the applicant was also taking a perfectly good garage and rebuilding it to meet hardcover goals. Goetten questioned why the house cannot be redesigned as the overage is only 6" on each side.* Frazee said the interior would be affected bv 1’ and would result in too narrow a headroom in the master bedroom with the slanted walls. The master bedroom width was said to be 15 ’ with the slope beginning at 4'6". Nystrom said he realized the Planning Commission and Council made exceptions in other cases and asked that it also be done here. A neighboring property was cited as an example but noted to have gained a vaiiance due to a drainage problem. Hurr commented that a variance requires a condition under which there be a hardship, not self-created. Frazee reitereated the need to maintain a low profile and not overpower the neighborhood. c MINUTES OF THE REGULAR ORONO C1T\' COUNCIL MEETING HELD ON NOVEMBER 13,1995 (#7 - #2057 James Nystrom - Continued) Goetten asked Nystrom what his rationale was for the a caoe cod stvle home with the master bedroom on the second storv. modified shinale snie The design of the roof when reduced would result m a effective master bedroom. Nystrom said the tradeoffs of the proposal were so pos that he did not feel the side setback variance should be denied. Kelley said he would reconsider the application. Kelley moved Caiman seconded to ^ approve Application #2057 for the 6^ side setback vanance and a 26 overhang for a 8 VErisincc and an overhang encroachment ot I —. Gafffon explained the need for the secondary' variance for the overhang. what the hardshio was for the overhang, x'^razee said the mam concern was slope. He asked to have both variances granted but said the overhang could be adjus . Callahan said he could recall 6-8 homes along this immediate shoreUne who were granted variances. With the numerous positive changes of this proposal, Callahan said he was inclined to grant the vanances for this application. Jabbour said he had a problem with the eaves, noting the need for space for emergency vehicles, but saw the wisdom to grant the 6" vanance Vote; Ayes 2, KeUey, CaUahan; Nays 3. Goetten, Hurt, Jabbour. Motion denied. Kelley moved. Callahan seconded, to at prove the application for the 6" variance with the eaves meeting code. Vote; Ayes 4. NaysHurt. («#8) #2061 ARNE WASBERG, 3134 NORTH SHORE DRIVE - VARIANCE renewal - RESO lsiJTION #3631 Hutr moved, Goetten seconded, to adopt Resolution #3631. Vote; Ayes 5. Nays 0. «ot «06S MARFIELD.'HILLfrOLES, 2455/2425/2435 SCOTCH PINE LANE - y. cation of scotch PINE LANE - PRELIMINARY SUBDIVISION approval (RE-PLAT) - RESOLUTION #3632 Callahan excused himself from the discussion of this appUcauon as it was his desire to abstain from voting since he lived in the neighborhood. .. ^ that the anolication was for the vacation of Scotch Pine Lane, a public “e^road, and the replat of the Dicon addition, which was subdiidded m 1974^ This siJbdivision occurred prior to the 1975 code requirement of two acre lots. The road meets current standards. MINUTES OF THE REGULAR ORONO CITY MEETING HELD ON NONTIMBER 27,1995 PARK COMMISSION COMMENTS No representative of the Park Commission was present. planning CONEVnSSION COMMENTS No representative of the Planning Commission was present. PUBLIC COMMExNTS There were no public comments. ZONING ADMINISTRATOR'S REPORT (-S5) #205- JAMES NYSTROM. 1745 CO.NCORDIA STREET - VARIANCES - P^SOLUTION #3643 Hurt moved. KeUev seconded, to adopt Resolution ?j64 j as reused, gr g \oi width, average lakc.hore setback, hardcover and side setback vanances for James Nystrom at 1745 Concordia Street. Vote; Ayes 4, Nays 0. #2079 RICK PERRY, 440 WILLOW DRIVE SOUTH - VARIANCES - RESOLUTION #3644 Hurr moved, Kelley secom’ed, to adopt Resolution #3644 for variances to Rick Perry, 440 Wi!!c*.v Drive Sceth. Vote: .Ayes 4, N-ys 0. (#7) SEPTIC SYSTEM CONFORMANCE AGREEMENT - THOMAS AND P.AULINE B0UCH.\PJ>, 1S60 SHORELINE DRIAT Mrs. Bouchard was present. Gaffion reported that the Bouchard confontiing in IS94. The ordinance allows the Bauchartfs to have until the end 0^1996 to bdng thL system into conformity. Gaf&on said the two issues involved were the Bouch* ?s plaL for construction of additions to their residence, which triggers an ealier !o^cy deadline, and the property being located in a "hot spot" neighborhood under consideration for municipal sewer. f .• * ♦ f ; d::\ r • ; . . • • • - • • -T *..•* Tv. r.*.? A. *• 1 j=.•n. •••*•■“' ■’" ■*•••■ I ••■•••« • L . * « •■..•.4 »-«•;.••••*.'*•*»• ■»» \^.' %tt J iJ ♦.»•*•>•••• ' 'm •» »■ ». •«• » . *. » »» ••*««. » / • «,•• «•**^ a.. •*•. . >1^ »j > { Vt^.* 1 «*V I - * t- -* '» L V(*‘|'^ ■« *■ » *»-V« * * >* *.1«. —^1?.:^ Ll^^*»\ff k> k i E W sit~ IM O' 0'7r -zoo^ :/[)o HA^tXx^icii- i^tXOoJe^ 75 |WIAi "75-2^0 2-C>^JC5" '. //AADcoueA /<uU)OL>«tiv f=c<./ louse/pcc^/s , :>r»^JA t.. -SHA^u MoT ^ceec^ H,(oOC> rA(3r.o^^A/' 'I <? > ^ u y 1 - V.5 jMi^_ J-t,i OVtW^AAJd P.5 »U|M ZoAj ^ : 5e»vA?wAV 5H0U- ^>D ’^ •l * *«M»00<oCO -V - ^ V ^a: \A •MO . M I! LU-- t I u—- i_____H- 1 — 1 1 1 ———4 'S 4 1 1 1 r 1 1 1 1 1 1 1 r 1 ! 1 i 1 i II ti I ! 1 1* 1 t1 1 ' il ....... ii II 1 ____1 0 iT' 0 1 l [T R"” ! ? r Li- — N T _-i- C=-i 1 t-d ' 0 r r " / ’ I s !:•» I < m ao'-e< -1 ► -1 / / IV. ~// 1 ---------------/------------------ 1 1 k k — — J \ >-------- i * i i ‘f *-% *-1 COUNCIL MEETINQ OCT 2 0 1996 REQUEST FOR COUNCIL ACTION DATE: d(!^6QF2SMfi^ ITEM NO.: ^^ Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: it2\%5 Richard and Mary Jo Kovacevich, 1580 Bohns Point Road - Variance - Public Hearing Zoning District: LR-IB Lot area= 1+ acres. Application: Applicants seek approval of a hardcover variance within the 75-250' setback area to permit construction of a single story living room addition at the northeast comer and lake side of the existing residence. Hardcover in the 75-250' setback area is 27.18%. The improvement will not result in an increase in hardcover. The following ordinances are pertinent for this review: 1.Section 10.22, Subd. 2 75-250' setback area = 39,800 s.f. Allowed = 9,950 s.f. or 25% Existing = 10,820 s.f. or 27.18% Proposed = * 10,820 s.f. or 27.18% *400 s.f. of stmcture will be placed over existing patio area. Some 75 s.f. of additional structural hardcover will be matched with an equal removal of patio area along east side or lake side of residence. Variance == 870 s.f. or 2.18% 2. Section 10.03, Subd. 14(C) - Review of structural coverage Total area = 64,687.5 s.f. Allowed = 9,703 s.f. or 15% Existing = 6,930 s.f. or 10.7% Proposed = 7,330 s.f. or 11.3% No variance required List of Exhibits A - Application B - Plat Map C - Property Owners List D - Existing Floor Level E - First Floor Plan F - Building Section G - Elevation/Lake Side H - Hardcover Facts 75-250' Setback Area I - Survey J - Detailed Survey 75-250'/Location of Residence to South Zoning File #2185 October 15, 1996 Page 2 Request for Council Action continued page 2 of 2 October 25, 1996 Zoning File #2185 Description of Request Applicants seek approval of 20'x20' addition to the existing residence to be placed at the northeast comer and lake side of residence. The majority of structure will be placed over an existing patio. Some 75 s.f of the new structure hardcover will be matched with an equal removal o^ 75 s.f. of concrete walkway along lake side of residence. The addition will meet all required setbacks. Re^er to Exhibit J, the lot to the north remains undeveloped. The original home was razed over three years ago. The proposed addition wall not encroach the lakeshore setback line of the residence to the south. The single story addition will provide an expansion of the existing first level living room. The addition will extend approximately 5' further in front of the existing lake side building line of the principal stmcture. Description of Hardship Please refer to Exhibit A. In June of 1987, applicants applied for a permit for their swimming pool. The water retention area at 900 s.f. or 2.2% was not considered hardcover at that time. Hardcover is now shown with an excess of 2.18% hardcover as water retention area is included in hardcover facts. Another of the findings or hardships noted by applicants would be the location of the residence approximately 150' from the lake. The actual retention area of the pool would accommodate up to a 9" rainfall event. No other variances are required for this improvement. Planning Commission Recommendation To approve as proposed the hardcover variance within the 75-250' setback area for Richard and Mary Jo Kovacevich to permit construction of a 20'x20' living room addition to the lake side of the residence and to approve hardcover within 75-250' setback area at 27.18% subject to applicants completing the removal of all non structural paving improvements prior to the footing inspection for new construction. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed approval resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #2185 WHEREAS, Richard M. Kovacevich and Mary Jo Kovacevich (hereinafter "the applicants") are ovvners of the property located at 1580 Bohns Point Road within the City of Orono (hereinafter "City") and legally described as follows: The south 225 feet of Government Lot 1, Section 9, Township 117 North, Range 23 West of the Fifth Principal Meridian (09-117-23 33 0008) Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit construction of a 20'x20' living room addition to the lake side of the existing residence resulting in 10,820 s.f. or 27.18% hardcover within the 75-250' setback area where 25% is allowed and where 27.18% exists. NOW, THEREFORE, BE IT RESOLVED b> the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2185. 2.The property is located in the LR-IB, Lakeshore Residential Single Family Zoning District requiring 1 acre in area. The property consists of 1+ acres. 3.The Orono Planning Commission reviewed this application on October 21, 1996, and recommended approval of the variance as proposed based upon the following unique findings and hardships: Page 1 of 6 i 1 J I A. In June of 1987 the City issued a building permit to applicants for a swimming pool. The water retention area at 900 s.f. or 2.2% was not considered hardcover at that time. B.The proposed improvement will not result in additional excesses of hardcover. C. Applicants' residence is located approximately 150' from the lake. There is an extensive grassed gentled sloped yard extending lakeward from the residence. D. No other variances are required for this improvement. 4. 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping wdth the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit construction of a 20'x20 ’ lake side addition resulting in an excess of 870 s.f or 2.18% hardcover variance, subject to the following conditions: Page 2 of 6 1. 2. 3. 4. ATTEST: All nonstructural paving improvements as shown on Page 6 of this resolution shall be completed prior to the footing inspection for the new construction. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 28, 1997). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 28th day of October, 1996. Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) Page 3 of 6 I STATE OF MINNESOTA ) ) COUNTY OF HENNEriN ) ss. The foregoing instrument was acknowledged before me on this 28th day of October, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Miimesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of___, 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of____, 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of___, 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 6 —.......... UJ < JJ. r-4 ^ ■f-. SCALE DA r>zo*a* CITY OF ORONO -- - - -—» ^ 612A730510 09/12/96 07:20 g :08/16 NO:321 Application # 7 / Date Received _ Amount Paid 1 ^ ^ ' C 7 1 •: ■ ^.7 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 (550.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) ^ /• Variance for non-conforming structures $220.00 After-thc-Fact Fees (Double application fee) •. . wJ V • J ■.■'1 ;! . ] ; > ■7 .n-a.___ PROPERTY INFORMATION Pro^^dLifiTonT^b^r (p1dTo9 117 2333 0008 --------- Attach legal description to application if not included on tequited survey. Date Property Acquired January 199^uaic rrupciijr -------------------------;---— ^ 1 (do) (do not) also ou-m the adjacent parcels of land. Present use of property: X__residential -----pother (specify) Zoning nistrict: ^1 ----------------------------------- (month/ycar) applicant Name Jensen Homes a Inc. Phone fhome ) 475-0986 Phone (work) 475-0548 AHHrt»«:6Qi Lakeshore Pkwv. #1225------ Cii>^> Minnetonk a Zip: RR.ins OWNER (if different than applicant) Richard & Mary Jo Kovacevich Phone fhome) 471-0195 Phone fwork) 667-9167 City: Orono Zip: 55391 Estimated Construction Cost $ 65.000.Oil « a. a Address! 1580 Bohns Point Road description of “QUEST .:TddT»o'n'a1onQ with exTiil^rdcovero f t*"’’brrp lvnd in orde - tn nrn'vide new ronditipps whirh will not j^nenease the existing hardcover (attach additional sheets if necessary) cur y VARIANCES REQUIRED Lot Area ___Lot Width X Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify)__ Describe undue At the time the home was constr ucted jjl 1987 r.rvwcs..rtn Lc Hipt.. The existiiiq pqqI w.l.U-^c«fldatgjjp to 9 of rflinfa LLDerore aup setJOaclLumanulMlelxl^a the UKe. —(attach additional sheets if necessary) SEP-26-96 THU 16:08 NORWEST EXEC ADHIN FAX NO. 612 667 2206 P.Ol Qooz CIT t Of OKONO ® 612473^ z' •• .-y ivf.A ':■) Q9m/96 ’07 ZQ & :Q9/16 >10:3^1*1 tr !•» ♦ eil. r ■OQURID SUBM1TTAU am .f .h. ton.,.!.. —■ »- .A-inrf h, a. .aiilkiii.Q dndli.1 dm la vur hm gBH€Mf»d caapktt; 1. 7. 3. 4. i. 6. 7. I. Completed Application Form Certified Property Owners List of owner* within 150*. labels end plat map (you must ebum this list, labels and msp from Hennepin Couaor Department of Piaaasc, A-dOl, Go«t Ceneer. 34I-3271). Certtficam of Swvey (signed by a Hceosad surveyor) and include batdeover ^culanons as required. Id addiden, provide one (1) copy IV4" * 11" foe ituiuiliiirKin Topesaptuc survey (eaisling aod proposed elevauoos) if any ehanges in eristing ---- 0^ am pcoposed. U addition, provida ooa (I) eopy ly." * IT repi^tioo. Skftchas or plans of floor Sc elevation views (provide one (1) copy I‘4" all"). List of dM legal names (include marital rtams) of all persons with an inier^in ---- Ihepropeny. TTus would include nama(s) of applieaot(s) if not eurrert owner^ ___ X, ftn addendum to this applicatiou. please attach a separate list of any olhor peraons you unsh notified of this appllcanon. items as may be r^ucsted by City staff. Admi^tntor agi«*» » poy additional fces (sUff time not coveted by onguial fee payme«) infoimatica suppliod ia true eontci to «he>dit of his/her knowledge. Applicant’s Signature Date _ oryX-^LOwner's Sigr»atur<^ mimtn AwUcanls most be prerent at all scheduled review meettaip ol IM ri«i« • •" m y«“t p>*“ “o “ ®“““* St Zoning Office of this change prior to ibe meeting. 20-<t ie20-TZtp-2l9 op eui«M dStP^20 96-92“d®S RUN DATE 09/26/96 BATCH 506PROP AODR O^iCR NAME TAXPAYER NAME/AOOR \\38 08-1X7-23 M 001^ 0X535 BOHNS POINT RO R C ft K S OLSON RONALD G ft KAYE S OLSON 1535 BOHNS POINT RD HAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OtCRS LIST38 08-XX7-23 ^ 001501595 BOliNS POINT RO C J ft S L HINSLOH CLARK J ft SHARON J NINSLON X595 BOHNS POINT RD NAYZATA m 5539X REPORT NO. PI63540X PAGE 5438 09-XX7-23 33 00070X540 BOHNS POINT RD RALPH D BURGESS JR RALPH D BURGESS JR 2765 NIAGARA U N PLYMOUTH MN 55447 PROP ADDR OHNER NAME TAXPAYER NANE/ADDR PROP AODR OMNER NAME TAXPAYER NAME/ADDR 38 09-XX7-23 33 0008 0X580 BOHNS POINT RO RICHARD M KOVACEVICH ET AL RICHARD M KOVACEVICH NORHEST CENTER 6TH ft MARQUETTE MPLS MN 55479-X062 38 X7-XX7-23 XX 0004 00038 ADDRESS UNASSIGNED D ft S ANDERSON ET AL J L CONNER ft G J PAULUCCI 1645 BOHN POINT RD HAYZATA MN 55391 38 16-1X7-23 22 0001 0X600 BOHNS POINT RO JOSEPH C THOMASON ft HIFE CONNIE R SHEEN 1600 BOHNS POINT RO HAYZATA MN 5539X 38 X7-XX7-23 XX 00X3 00038 ADDRESS UNASSIGNED G K NEHMAN JR ft M M C NEmAN GRAYOON K NEHMAN JR MICHELLE M C NEHMAN 1655 BOHNS POINT RD ORONO MN 5539X 38 X7-X17-23 XX 0003 0X625 BOHNS POINT RO THE BANK HAYZATA TRUSTEE NORHEST BANK MPLS TRUST REAL ESTATE 6TH ft MARQUETTE MPLS MN 55479-0053 * a Of) «« •* TOTAL BATCH 506 00008 j i 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 TACTION* TO THE BEST OF HY KNONLEOGE AND BELIEF. DATE 9-27-% f IZ’t *?2 pX \ nXs1* vsogk^ \ S‘1 4 'h \ k,~-^\i:'a>\K s\ sj r> ^CO^ ^WCX-. (^' WC bu^ WAl/t 1 # ■ OM> ijeo6\^am q:'^cc\\c eiAfc? / \<s C^bp f=£^JTl>J<^iS F-E4’ P IP be«NF> uuDicr^i-^^<=o(u ■I? fe!0jlij<^! V/Hopz #5 BA«.CF o.c. n (M[ ^'O WI17& |nI v/An feps ma\ i CMJI <fAc£ Arceix * ‘nI 6} L^^\/./^f^ U-li^-V^L ■'f'l ^ ■"5: > - 1 • * VnI 1 V *n 1 " —!'1 ^ 1 \'^ ;.1 ' fl ' « ..1 - nx^m) .1 r feci<>riiii^,. »^>6p.CH>f'. (L pc>o^ \^f^p 'I %H\0 HPDR^^ K<au-u' AfU:4i*Tt^ r I I u1= ^ V•^4^ FipJKJiti::-1ii> HAT^I l^/TJI iWkc/ ICr Ml r rt\ __1W*££^ v:5 /- -f« dai- ■'^- cQ ^ ^£t m-4----- \ \ Yie^P Ck\ ^fiUiP ' C^\^\ V // /\ rv\<!nM - \ PAPTIA pjsr Fu? ti»<n^ fexi^iKis3«e^ F0-T WP1/& B;iu "fMio. fe»*ffr Ikjoju p- pA^»£^IA -p MAt4< e^l-STIMC! \(Si^^^ff\r V(® c^^-o^c.cy^ i^ Ncff>1 i\o\ i\ r ^W'<V9rtW4 V "2: tx: I ’u. --------------------=ugf. f=Vv»$H “-^-+r== li'^lC pUT^ilCr «; i£ ■ ^ W e£) T -4 MIU pay ^ rWSlf '^,*f?4 Ti^ e^uiupiH^ WAf S^cK Cp (j.-tu,^-* 5xtpaoi/; <2^',^<rHcl ^LA£> tiJHlU pxY (^%j^VSL pILU 40.i^f't&'|lij' EciT^ C2 ‘ 6» <5, gUIUDISj^ ^^\0 ^ '-<P" CITY OF ORONO W 612A730510 09/12/96 07:20 Qi :14/16 NO:321 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-7S' pyKTINf; HARDCOVER IN ZONE A. House __________ X 75-250*250-500* Cone at Pool Unglti Width Walls - Total 3 - Slabs_ iJ-'3 0«rt|e Driveway A/C Slabs r /‘:T ,3 D. Sidcwalkin back Incl. oatio Remaining 3 walks 1 L (- ' ^ r*^ 9 Patio/Deck Deck Stoop _____ F. Landscape Underlain By Plastic Pool O. Other <;tppping Stones TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 10.820 B 39,800 X 100 - raOPOSED HARDCOVER IN ZONE A. House____________* Ufl|ih Width B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B X 100 - / • 500-1000' A, 480 1,550 112 1,880 787 720 165 128 900 58 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. 10,820 F. 39,800 S.F. 27.18 % S.F. S.F. S.F. S.F. S.F. 8.P. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B Vp I/) I < L4 -If BOHN' S POINT ROAD uu> N ocrob’ 15- E 225iX) ■•••929.4 cT^ ''One LAKE U t M kl REQUEST FOR COUNCIL ACTION °°^«-MeEnNQ OCT 2 8 J99g DATE: October 24, 1996 ITEM NO.: / 2^ Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2186 Jamcf leiderA^vonne Cooke, 509/511 North Femdale Road - Subdivision of a Lot Line Rearrangement - Resolution Zoning Ordinance: RR-IB Lot area = 4 acres total area. Application: Applicants have filed a subdivision of a lot line rearrangement realigning the east/^\*est shared side lot line of the properties. The division will result in an exchange of equal areas at 2,645 s.f. The following ordinances are pertinent for this review: 1. Section 11.03 - Definition 66 (A 1-3). Subdivision may be completed as a Class I division. 2. Section 11.10, Subdivision 10 (A) - Class 1 subdivision requirements. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Septic Map Lot 4 Cooke Property E - Septic Map 511 North Femdale Pfleider Property F - Weckman Memo G - Surv'ey of the Subdivision of Lot Line Rearrangement Description of Subdivision Applicants have agreed to rearrange the lot line to more closely conform to the areas maintained by each owner. The division line will also conform to landscape plantings installed by each owner that now encroach the current division line. A major issue for staff was the impact of the new division line on Lot 5's septic area. Mr. Weckman has completed an inspection and confirms that the septic tanks will be located 20' from the new division line at the southeast comer of Lot 5 (review E.xhibit F). 1 ^ Request fbr Council Action continued ■ page 2 of 2 October 24, 1996 Zoning File #2186 Planning Commission Recommendation To approve the subdivision of a lot line rearrangement for James Pfleider and Yvonne Cooke involving the properties located at 509/511 North Femdale Road with the condition that owners of Lots 4 and 5 file for the legal combination of the smaller parcels w ith adjacent homestead parcels at the City offices prior to the subdivision being sent to the County for filing. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution. A RESOLUTION APPROVING THE SUBDI\ ISION OF A LOT LINE REARRANGEMENT OF PROPERTIES LOCATED AT 509 AND 511 FERNDALE ROAD FILE NO. 2186 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, the City Council has considered the application for a subdivision of a lot line rearrangement by Yvonne C. Cooke and James K. Pfleider (hereinafter "the subdividers") of properties legally described on the survey and attached to this resolution (hereinafter "the property"); and WHEREAS, the subdividtrs have completed all requirements of the City for a Class I subdivision of properties for division and combination purposes. 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 as shown on the Certificate of Survey by Mark S. Gronberg, a licensed surveyor of Coffin and Gronberg, Inc., dated September 23, 1996, and attached to this resolution, subject to the following conditions: 1.James K. Pfleider, owner of Lot 5, Block 1, Fairway View, shall apply to the City for the legal combination of the properties as described on the above referenced survey as follows: Those parts of Lots 4 and 5, Block 1, FAIRWAY VIEW, which lie northerly of the following described line and its extensions: Beginning at the most westerly comer of said Lot 5; thence on an assumed bearing of South 59 degrees East along the southwesterly line of said Lot 5 a distance of 50.00 feet; thence South 23 Page 1 of 3 3. 4. degrees 37 minutes 30 seconds East a distance of 38.00 feet; thence South 59 degrees East a distance of 86.00 feet; thence South 89 degrees 25 minutes 18 second East to the east line of said Lot 5, and said line there ending. Yvonne C. Cooke, owner of Lot 4, Block 1, Fairway View, shall apply to the City for the legal combination of the properties as described on the above referenced survey as follows; Those parts of Lots 4 and 5, Block 1, FAIRWAY VIEW, which lie southerly of the following described line and its extensions; Beginning at the most westerly comer of said Lot 5; thence on an assumed bearing of South 59 degrees East along the southwesterly line of said Lot 5 a distance of 50.00 feet; thence South 23 degrees 37 minutes 30 seconds East a distance of 38.00 feet; thence South 59 degrees East a distance of 86.00 feet; thence South 89 degrees 25 minutes 18 seconds East to the east line of said Lot 5, and said line there ending. The subdivision shall be filed by the City as soon as the subdividers have completed the legal combination of the above described properties. 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 April 28, 1997 together with a certified original copy of this resolution. 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. Adopted by the City Council of Orono, Minnesota this 28th day October, 1996. ATTEST; Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Page 2 of 3 i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 1 The foregoing instrument was acknowledged before me on this 28th day of October, 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 1 { Page 3 of 3 mm rnsgaam >• ^ * L i- •;rtriS^ v_. ' ^ '. ■. f=cl f. .1 J S y .•i .*/■ >V5* >v Application # OZ, / (O-______ Date Received 9^- '3, 7 Amount Paid f' . / ..-> i..'. C' CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site address ^ S// Propertv' Identification Number (PID) ,.v- ~ .f' ^ .3 ; : /<' Please check one - Property____abstract or_____torrens? Attach legal description to application. /ff APPLICANT Name .TA m€S f(A Address S// AA.Phone (home) ^73-/^^7 City u/AY 7, at A Alf^Zip JJ77/Phone (work) 5^^3*iP7 OWNER (if different than applicant) Name TAtifr Address JV/ a 7. P^Ai7/9ALf YL/Aiy/s^e C ook V7.T>/ygJ . AJ. Phone (home)^ Cit\- U/A y 2/irA Zip SfA*)i Phone (work) (attach list if more than one) EXISTING LAND USE Number of Ta.x Parcels Development Size ^(7. 1. (7 Present use (check)X Acres Drv Landm Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ Present Zoning District AA-/S PROPOSAL X Division for Tax Purposes Lot Line Rearrangement Only (no new buildling sites) Subdivision for New Building Sites Number of Building Sites Existing Units New Units Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) 2. Units per 2. Acres ^7, /la Sq. Ft. Dry Buildable Land X Residential _______Other (specify)_________ I MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "application fees" listed below. 2. Completed application form. 3. Preliminary plat information on Certificate of Surv ey. 4. Certified Property Owners List of ow ners w ithin 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt. Center 348-3271). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official's Signature _______________________________________ Date_______________________________ MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Pay ment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicatle). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official's Signature _______________________________________ Date______ I.APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: _____ Sketch Plan Rev iew (Class I, II <t III) S250.00 X. Subdivision of a Lot Line Rearrangement S3 50.00 _____ Subdivision Application (Class I & II) S350.00 _____ Preliminary Subdivision Application S375.00 + S25.001ot (Class 111 «t all non-residential) _____ Final Plat Application (Class HI) S200.00 _____ Legal Review and Filing: _____Subdivision only S75.00 Subdivision vv,'easements and covenants min. S200.00 Totals _____ Park Fees (to be determined per Section 11.62) _____ Legal and Engineering Review Fees (as incurred) _____ Renewal of Class I and II Subdiv ision Application S200.00 (No change from original application) _____ Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application) _____ Renewal of Final Class III Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: _____ Proposed Private Roads $600.00 + $.50/lineal ft.;_____lin. ft. x .50 - $ _____ Proposed Public Roads $900.00 + $.50'lineal ft.;_____lin. ft. x .50 = $ Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 + $25/stub Proposed Watermain Extension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site Sy stem, Site Evaluation Review (applicable to rural subdivision applications) $50.00'^per lot x _____new lots C. Flexible Application Fees/Misc. Fees _____ Variance S220.00 ($50.00 per each additional variance) _____ Easement Vacation Associated with Subdivision $100.00 _____ PRD Application with Subdivision $30.00 Dwelling Unit The applicant hereby agfeesTcrprovide all informanCh required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Coimcil necess^^o proc^ this applicatijm and further agrees to pay all additional fees established by ordinance. *, Applicant's Signature Owner's Signatun r U Date Date -7/ /n(^ Applicant must have^aH4ubmittals into the City Office 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 anend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. i • I ia« DATE 09/24/96 \BATCH 507PROP AOOR OMCR NAHE TAXPAYER NAME/AOOR 58 36-118-23 13 0001 00038 AOORESS ItMSSIGNEO NORHEST BAfK MPLS TRUSTEE NORKCST BK MPLS TRUSTEE TRUST DEPT 8TH a MARQUETTE AVE MPLS 55479 HENNEPIN CO^ PROPERTY INFORMATION SYSTEM PROPERTY 0I4CRS LIST58 36-118-23 13 0002 00038 AOORESS UNASSIGNEO HAY2ATA COUNTRY CLUB HAYZATA COUNTRY CLUB P 0 BOX 151 HAYZATA MN 55391 REPORT MO. PX435401 PAGE 3058 36-118-23 13 0003HAYZATA COUNTRY CLUB P O BOX 151 HAYZATA MN 55391PROP AOOR OtCR NAME TAXPAYER NAME/AOOR 38 36-118-23 13 0005 00503 FERf«)ALE RO N 0 A A P A SPENCERdale a spencerS03 FERNOALE RO N HAYZATA m 55391 58 56-118-23 13 000600505 FERNOALE RO N E J BIERMAN a n k BZERMAN EOHARO J A NANCY K BIERMAN 505 FERNOALE RO N HAYZATA MN 55391 58 36-118-23 13 0007 00507 FEIWOALE RO N H SAJJAOI A A 0 SAJJAOZ HAMEO A AZAR 0 SAJJAOZ 507 FERNOALE RO N HAYZATA MN 55391 PROP AOOR OHNER NAME TAXPAYER NAME/AOOR 58 36-118-23 13 0008 00509 FERNOALE RO N YVONNE C COOKE MRS YVONNE C COOKE 163 HAYZATA BLVO H #315 HAYZATA m 55391 58 36-118-23 13 0009 00511 FERfOALE RO N "i.ILr® PFLEIOER JAMES K A SUSAN G PFLEIOER 511 NORTH FERNOALE RO HAYZATA MN 55391 38 36-118-23 IS 0010 00038 AOORESS UNASSIGNEO EOHARO L OELAHANTY 8 HIFE JAMES K PFLEIOER 511 N FERNOALE RO HAYZATA MN 55391 PROP AOOR OHNER NAME TAXPAYER NAME/AOOR 58 36-118-23 42 0003 c*5S:5g HAYZATA COUNTRY CLUB PO BOX 151 HAYZATA MN 55391 total batch 507 00010 ft /i /•••■ •' •*!. -.V f: • V vv C’o' REPRE^WATIW 0F^INF0^TI0N^^^IT**app L5^ accurate and true BATE X-*''•V ADDRESS CODE ___ CITYOFORONO Date Connected to SEPTIC SYSTEM INVENTORY CARD Municipal Savver Addre« soy /J. f^CTRAJt^AL^ p,op*rtv I D )lt Standard trench . ^ / □ Mound r AL>^I Svitemtvpe □ Other____________________________ Legal Deicription f'A//CuJA7 Permit No. ________Date of permit 9 • 2~? ~'7~?_______Installer AhiK/'M V . No. Bedroom! Building type /CeS/£>€7Ugl€ or GPQ 3 BA.± Uundry X Dishwasher Garbage Disootal SEPTIC TANKS: Material C/^a JC- . Proper outlet and inlet ________ .Capacity II >/21 y Baffles Liquid depth to RO level Height of tank bottom above water table Distance to nearest building DRAINFIELD: Total length of lines Number of lines Trench width Total treatment area (sq. ft.) /OGO ^ Type of filter material Height of drain field above water table Distance from nearest bldg. Depth of fill over drainfie'd Soil type SU^TV o/Z ^AAJCiY Tile size-----------------------Perc rate _______________________^mm/in .Depth of rock over tile under tile WELL DATA 2 X 'c 2o Eo o»3o ^ £ 5 *o 6 ,Q Ioc ^ i V (« in c oa 5 • iw Q M JCcn t a 91 Eo E(« 5 .5 VA Ci 0 8C «a n s> fV. c I I Q. U *o o 5 .•-•a - 1 INSPECTION RECORD / PUMPOUT RECORD / / . / LOCATION » SKETCH DATE COMPLIANCE DATE gallons I / TTkj/^ A<rr / -V) c-j j Tun ^L. r~C>C oL^ _____r\a~t _____________[o cryhid , nBEEr~ - nsf/S *7~// /)<> ^ / ^ ' / i / c-CONFORMING S - SUBSTANDARD N - NONCONFORMING Include: 1) |Vell location *~2)‘*bistFnceTromTiouse to ^ ''scpbc tanks, ditt. box, and drainfield 3) North arrow and road r CITY OFORONO address CODE __ Oatt Connected to SEPTIC SYSTEM INVENTORY CARD Municipal Se«er Addre« AJ c /HTV /^r> Property ■ » P>~2Z /3 ^ Standard trench "r^ 3” / □ Mound J— 1/ \ System type Q Other _______________________________ Legal Description /"/A—f --------- Permit No. Oite o» permit ^ Installer T ----------------------------------------- No Bedrooms Building type CAT or GPP ^ Laundry X Dishwasher Garbage Disposal SEPTIC TANKS: Material Coi^C-s Proper outlet and Inlet . Bafflei Capacity 1)2)1 Height of tank bottom above water table Liquid depth to RO level ^_____ ^a'Distance to nearest building DRAINFIELD: Total length of lines Total treatment aril CiQ. ft.l _____ Type of filter material ---------------------- Number of lines Trench width Height of drainfield above water table Soil type Distance from nearest bldg. Depth of fill over drainfield Tile size Perc rate minrin Depth of rock over tile under tile WELL DATA T) c B *0 Eo I £ I i cr « X •» IV Cn c 5a 5 «• jictn a S Eo Em O «i •ucm s > «R o o E 3 CL ■o u 8o S3 I LOCATION INSPECTION RECORD DATE COMPLIANCE aJO AJbrm ^ AJO UCTgT? (p ~3R*8 ~1 r\0 rVi4.P ci 7-h^O nn 2 oWr7<T/^ — nipitTr 3 7-//-?<r hP c .r^rr^ X i c - CONFORMING S - SUBSTANDARD N - NONCONFORMING Include: 1) Well location 2) Distance from house to septic tanks, dist. box, and drainfield 3) North arrow and road TO:Jeanne A. Mabusth, Planning and Zoning Administrator FROM:Stephen Weckman, On-Site Systems Manager DATE:October 11,1996 SUBJECT: Septic Review for Application #2 186, James Pflieder and Yvonne Cook - Subdivision The proposed lot line rearrangement results in a new property line very near the existing septic tanks. In order to meet City standards the septic tanks must be at least twenty feet from the new property line. Based on the proposed lot comers as staked by Coffin & Gronberg. Inc., the nearest septic tank to the property line is twenty feet. As the setback is satisfactory, I recommend approval of the subdivision. r CITYOFORONO ADDRESS CODE ___ Date Connected to SEPTIC SYSTEM INVENTORY CARD Municipel Sevier Addrew Property i n SC^-//P>~2Z /S QOQ^ ^ Standard trench *r^ ^ / □ Mound P- !/ \ System type □ Other ______________________________ Legal Description r--------- Permit No. ^ Dste of permit ^ __lnsla!!tf No. Bedrooms Building type >^5»//Xg=7J C-/r or GPP Laundry A Garbage Disposal SEPTIC TANKS: Materiel ___ Proper outlet end inlet___________Baffles Capacity 1)7\1 Liquid depth to RO level 5-'^ Height of tank bottom above water table ^Distance to nearest building 5"o' DRAINFIELO: Total length of lines Total treatment tret (iq. ft.) _____ Type of filter material_____________ Number of lines Trench width Height of drainfield above water table Soil type Distance from nearest bldg. Depth of fill over drainfield Tile size Perc rate min/in Depth of rock over tile under tile WELL data p .5 c o» 3 o fc C. *D Eo i Sa Z 4 2 U) c 0a 5 JCs a S Eo I 6 9Uc C &> £I 9 C ta a E 3 O. • iu a I LOCATION INSPECTION RECORD DATE :OMPLIANCE 2. 17'^ AID kiC-rtm (p 7 Ho ^Ur-ftfr^r^ri 3- / i tu iMJ T^LrfTarifxcx 7-//-?<r <ur^nr^ 3 X c - CONFORMING S - SUBSTANDARD N - NONCONFORMING Include: 1) Well location 2) Distance from house to septic tanks, dist. box. and drainfield 3) North arrow and road rtfwfbffo^^ng |saklL«t6: Hneof aeoonds • .OOfMt Lot 5, and ha following said Lot 5; jislariy fine of aaeonds .OOfM Id Lot 5, and s go^oo’ 00" w 192.56 I REQUEST FOR COUNCIL ACTION OCT 2 8 ]99g ^0F0fK)H0 DATE: October 25. 1996 ITEM NO.: / 3 Department Approval: Name Michael P. Gaffron Title Assistant Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Comprehensive Plan Amendment #6 - Resolution of Approval List of Exhibits A - Resolution B - Map-MUSA Amendment C - Met Council Staff Memo Executive Summary 10/14/96 D - Met Council Letter 3/8/96 - Moorse Letter 9/10/96 At their October 24 meeting, Metropolitan Council approved Comprehensive Plan Amendment #6. which adds ten neighborhoods, one additional parcel (Dillman), and 56 acres of school property including the ice arena site, to the Metropolitan Urban Service Area. The approval also allows the City 50 undefined sewer units for solving existing residential problems as requested. Met Council approval was granted subject to the following recommendations/conditions: 1. The proposed plan may be put into efiect and no plan modification is required. 2.The City may extend the MUSA to incorporate the proposed 399 acres of developed area within the City and the City may utilize a pool of 50 RECs (Residential Equivalent Connections) to accommodate future connection of existing residences adjacent to existing sewer lines in accordance with the administrative review' agreed to by the City (see Exhibit D). 3.Orono is advised to update its Comprehensive Plan to designate future staged expansions of the urban serv ice area. 4.Metropolitan Council will not consider any future plan amendment from the City complete for review unless the amendment includes a transportation element that meets requirements of the Council Transportation Development Guide/Policy Plan. Regarding the 50 "floating" sewer connections, the City has agreed to an administrative procedure which limits the use of these connections to existing residences only. Prior to connecting anv system or systems directly to a Metropolitan Council interceptor, the City will obtain administrative approval from the Council’s Environmental Services Division to ensure ‘he connection will be in accordance with the Council's standards for set.ice and capacity. The City will also provide the Metropolitan Council with an annual report by Febmary 1 of each year that indicates the number of connections made that year, the number of remaining «I K V' -M' r Request for Council Action continued Page 2 October 25. 1996 Comprehensive Plan Amendment U6 connections and a map indicating the connected residence's. Staff Recommendation Staff recommends adoption of the attached resolution approving Comprehensive Plan Amendment #6. COUNCIL ACTION REQUESTED: Adopt the attached resolution approving Comprehensive Plan Amendment #6. to adopt Resolution No.PROPOSED Mt^TION: Moved by___, seconded by__ approving Comprehensive Plan Amendment #6, adding specified properties to the Metropolitan Urban Service Area, Vote: ____ayes,_____nays. 1 ‘ A RESOLUTION APPROVING COMPREHENSIVE PLAN AMENDMENT #6 WHEREAS, in June 1980, the City Council of the City ot Oi .10 (hereinafter "the City") adopted a Community Management Plan (hereinafter "CMP") to provide for the orderly development of the City. An integral part of the Plan provided that sewered areas of the City be included within the Metropolitan Urban Service Area (hereinafter "MUSA"); and WHEREAS, the MUSA boundary originally adopted via Resolution No. 1135 on April 14, 1980 was subsequently revised by Resolution No. 1337 on November 23, 1981; Resolution No. 2131 on February 23, 1987; Resolution No. 2437 on May 23, 1988; Resolution No. 3153 on August 10, 1992; Resolution No. 3283 on May 24, 1993; and Resolution No. 3348 on October 25, 1993; and WHEREAS, on September 13, 1993, the City Council adopted Ordinance No. 120, Second Series to establish a moratorium on the enforcement of City ordinances requiring upgrade of certain non-conforming septic systems determined to be non-conforming due solely to the lack of at least 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics. The intent of the moratorium was to allow the City to determine whether certain neighborhoods should be provided with municipal sewer rather than be forced to upgrade septic systems; and WHEREAS, City staff subsequently completed a study which identified ten individual Orono neighborhoods where, due to various factors, it was determined that installation of municipal sewers may be preferable to long-term usage of on-site sewage treatment systems; and WHEREAS, on November 9, 1994, the City Council directed City staff to prepare an amendment to the CMP in order that the ten neighborhoods be incorporated within the MUSA; and WHEREAS, during preparation of the proposed amendment, it was concluded by the City Council that the Dillman property at 225 North Willow Drive and approximately 56 acres of Orono schools property on the west side of Old Crystal Bay Road (including a proposed ice arena site) should be incorporated into the amendment and added to the MUSA; and Page 1 of 3 1 ' WHEREAS, on November 14, 1995, the City Council reviewed the draft amendment and directed staff to submit the amendment to Metropolitan Council with an additional request for 50 undefined sewer units for potential properties adjacent to or near the MUSA boundary, in order to expedite potential future individual requests for sewer connections; and WHEREAS, pursuant to legal notice, the Orono Planning Commission held a public hearing on January 16, 1996 to receive public comments regarding the proposed amendment, at which lime all public comments were heard; and WHEREAS, the Orono Planning Commission on January 16, 19% recommended approval of the proposed amendment on a vote of 4 to 0; and WHEREAS, on January 19, 1996 Comprehensive Plan Amendment was submitted to the Metropolitan Council for approval and written notice was sent to surrounding local units of government and other affected Jurisdictions requesting written comment; and WHEREAS, on October 24, 19% at a regularly scheduled meeting, the Metropolitan Council approved Comprehensive Plan Amendment as submitted, subject to the following recommendations and conditions: A. The proposed plan may be put into effect and no plan modification is required. B. The City may extend the MUSA to incorporate the proposed 399 acres of developed . ’■ea within the City, and the City may utilize a pool of 50 RECs (Residential Equivalent Connections) to accommodate future connection of existing residences adjacent to existing sewer lines in accordance with the administrative review agreed to by the City. C. It is recommended that Orono update its Comprehensive Plan to designate future staged expansions of the urban serv ice area. D. Metropolitan Council will not consider any future plan amendment from the City complete for review unless the amendment includes a transportation element that meets requirements of the Council Transportation Development Guide/Policy Plan. Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby amends the Comprehensive Sewer Policy Plan element of the Orono Community Management Plan by incorporating into the plan the document entitled "Comprehensive Plan Amendment #6, MUSA Boundary Revisions" dated January 1996, and adds parts XIX through XXX to the Metropolitan Urban Service Area per the legal descriptions and maps attached hereto as Exhibit A, finding that: 1.The amendment meets the intent of the basic goals, objectives and policies set forth in the 1980 Comprehensive Management Plan. 2. The amendment is consistent with the goals, objectives, needs and desires of Orono residents. 3.The amendment is consistent with the planning goals and objectives of Orono's municipal neighbors. Adopted by the City Council of Orono, Minnesota this 28th day of October, 1996. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Page 3 of 3 i 1 EXHIBIT A RESOLUTION NO. Part XIX - North Long Lake Commencing at the northwest comer of the Southwest Quarter of Section 26, Township 118 North Range 26 West, thence south along the west line of said Southwest Quarter to its intersection with the centerline of CSAH 6, said intersection being the actual point of beginning; thence south along said west line of Southwest Quarter of Section 26 to the shore of Long Lake; thence southeasterly along the shoreline of Long Lake to the easterly intersecting line of RLS No. 1379; thence north to a right angle point in the southerly line of RLS No. 1379; thence east 235.53 feet; thence north 403.00 feet; thence west 200.53 feet; thence north 46.1 feet more or less to the northeast comer of RLS No. 934; thence west 115 feet more or less to a point 785 feet east of the west line of Section 26; thence north to the south line of Lot 2, Auditor’s Subdivision No. 29l; thence west to the east line of Johnston’s Rearrangement of Albee’s Long Lake Addition; thence north along said east line extended to the centerline of CSAH 6; thence westerly along the centerline of CSAH 6 to the point of beginning, and there ending. Part XX - Long Lake Country Club Commencing at the northwest comer of the Southeast Quarter of Section 27, Township 118 North Range 26 West, thence south along the west line of said Southeast Quarter to its intersection with the centerline of CSAH 6, said intersection being the actual point of beginning. Thence south to the southwest comer of the Northwest Quarter of the Southeast Quarter of Section 26; thence easterly along the north line of Tract B, RLS No. 926 a distance of 430 feet; thence south a distance of 401.94 feet; thence easterly along the south line of Long Lake County Club Addition to the southeast corner of Lot 3, Block 4, Long Lake Country Club Addition; thence north 32 degrees east a distance of 270 feet; thence north 10 degrees 36 minutes east a distance of 166.62 feet; thence north along the east line of Long Lake Country Club Addition extended to the centerline of CSAH 6; thence westerly along the centerline of CSAH 6 to the point of beginning, and there ending. Part XXI - East Long Lake Commencing at the southeast comer of the Southwest Quarter of the Northeast Quarter of Section 35, Township 118 North Range 23 West; thence west along the south line of the Southwest Quarter of the northeast corner a distance of 464 feet to a point on the corporate boundary of the City of Orono, said point being the acnial point of beginning; thence north along said corporate boundary to the shore of Long Lake; thence northeasterly along the shoreline of Long Lake to a point 924.88 feet west of the east line of said Section 35; thence south to a point 1754.76 feet south of the north line of said Section 35; thence west a distance of 234.52 feet; thence southerly parallel with the east line of said Section 35 to the centerline of Old Long Lake Road; thence easterly along said centerline to a point 799.8 feet west of the east line of said Section 35; thence south 590 feet; thence west 99.5 feet; thence north 350.5 feet; thence west to a point 90 feet east of the west line of the Northeast Quarter of the Southeast Quarter of Section 35; thence south to the centerline of U.S. Highway No. 12, thence northwesterly along the centerline of U.S. Highway No. 12 to a point 464 feet west of the east line of the Northwest Quarter of the Southeast Quarter of Section 35; thence north to the point of beginning. Part XXn - Orono Orchards Commencing at the norttteasi comer of the Northwest Quaner of Section 2, Township 117 North Range 23 West; thence south along the east line of said Northwest Quaner to the centerline of Lyman Avenue, said point being the actual point of beginning. Thence westerly along the centerline of Lyman Avenue to the centerline extended of vacated Spencer Avenue; thence northwesterly along the centerline of vacated Spencer Avenue to its intersection w ith the extended northwesterly line of Lot 37, Orono Orchards; thence southwesterly along the northwesterly line of said Lot 37 to the easterly corner of Lot 41, Orono Orchards; thence northwesterly along the northeasterly lines of Lots 41, 40, 39 and 38 extended to the centerline of the l .uce Line Trail; thence southwesterly along the centerline of the Luce Line Trail to its intersection w'ith the centerline of Orono Orchard Road; thence southeasterly and southwesterly along the centerline of Orono Orchard Road to a point 400 feet south of the north line of the Southeast Quarter of the Northwest Quarter of Section 2; thence east to the east line of Lot 2, Auditor's Subdivision No. 307; thence northerly along the east line of said Lot 2 to the south line of Lot 1, Auditor’s Subdivision No. 307; thence north 89 degrees 01 minutes 21 seconds west a distance of 65 feet; thence north 1 degree 16 minutes east a distance of 190.97 feet to the centerline of Woodhill Avenue; thence easterly along the centerline of Woodhill Avenue to the east line of the Northwest Quarter of Section 2; thence north along said east line to the point of beginning and there terminating. Part XXm - Fox Ridge Commencing at the northwest corner of the Northeast Quarter of Section 3, Township 117 North Range 23 West, thence south along the centerline of County Road No. 146 the extended north line of Lot 1, Block 1, "Fox Ridge", said point being the actual point of beginning; thence easterly along the north line of "Fox Ridge" to the northeast corner of "Fox Ridge"; thence southerly along the east line of "Fox Ridge" to the southeast comer thereof; thence westerly along the south line of "Fox Ridge" a distance of 550 feet; thence north 50 feet; thence westerly along the south line of "Fox Ridge" to the centerline of County Road No. 146; thence south along said centerline to th'* south line extended of the plat of "Byfield " thence 89 degrees 58 minutes 18 seconds east a distance of 700 feet; thence north 0 degrees 03 minutes 15 seconds west a distance of 415.39 feet; thence north to the centerline of the Luce Line Trail; thence northeasterly along said centerline to the centerline of County Road No. 146; thence south along the centerline of County Road No. 146 to the point of beginning and there terminating. Part XXIV - Webber Hills Beginning at the southeast comer of the Southwest Quarter of Section 3 ; ownship 117 North Range 23 West; thence north along the east line of said Southwest Quartei r. northeast comer thereof; thence westerly along the north line of the South Half of said jcan v .st Quarter to a point 400 feet east of the west line of said Southwest Quarter; thence south, to the centerline of Willow Drive; thence southeasterly along said centerline to its intersection with the south line of Section 3; thence west to a point 200 feet west of the southeast corner of the Southwest Quarter of the Southwest Quarter of Section 3; thence south parallel with the east line of the Northwest Quarter of the Northwest Quarter of Section 10, Township 117 North Range 23 West a distance of 600 feet; thence east to the centerline of Willow Drive; thence northerly along the centerline of Willow Drive to a point on the north line of Section 10; thence east aicng the north line of Section 10 to the east line of the west half of Section 10 and there ending. :-iid ending point coinciding with the point of beginning. Part XXV - Edgewood Hills Beginning at the southeast comer of RLS No. 1098; thence north 0 degrees 53 minutes west a distance of 433.6 feet; thence north 18 degrees 48 minutes 08 seconds west a distance of 525.59 feet; thence north 78 degrees 24 minutes 30 seconds west a distance of 464.46 feet; thence south 39 degrees 19 minutes west a distance of 271.12 feet; thence south 38 degrees 49 minutes west a distance of 94.8 feet; thence south 7 degrees 57 minutes west a distance of 146.49 feet; thence south 0 degrees 42 minutes east a distance of 518.3 feet; thence south 26 degrees 56 minutes west a distance of 292.77 feet; thence south 29 degrees 34 minutes west a distance of 82 feet to the north line of the Burlington Northern Railroad (Dakota Rail) right-of-way; thence northeasterly along said north line to the point of beginning. Part XXVI - Bracketts Point Beginning at the northeast comer of CXitloi D, "Green Trees on Tanager Lake"; thence southerly along the east line of said Outlot D to the shore of Lake Minnetonka; thence southerly and southeasterly along the shoreline of Lake Minnetonka to the most southerly point of Lot 3, Block 1, "Bracketts Point"; thence continuing easterly and northerly along the shoreline of Lake Minnetonka to the point where the shoreline intersects with the centerline of CSAH 15 (south abutment of the Tanager Lake bridge); thence southwesterly along the centerline of CSAH 15 to its intersection with the east line extended of Outlot D, "Green Trees on Tanager Lake"; thence southerly along said east line extended to the point of beginning, and there ending. Part XXVn - Foxhill Commencing at the northeast comer of the Southwest Quarter of Section 10, Township 117 North Range 23 West; thence west along the north line of said Southwest Quarter to the centerline of Brown Road (County Road No. 146), being the actual point of beginning. Thence southwesterly along said centerline to its intersection with the extension of the northeasterly line of the southwesterly 121.12 feet of Lot 5, "Elbridge S. Barnes First Subdivision"; thence southeasterly along said northeasterly line extended to the shore of Lake Minnetonka; thence northeasterly along the shoreline of Lake Minnetonka to its intersection with the west line of Tract A. RLS No. 245; thence northerly along said west line to the north right-of-way line of CSAH 15; thence southwesterly along said right-of-way line to the most easterly comer of Lot 1, Block 1, Foxhill; thence northwesterly, northerly and northeasterly along the easterly boundary of the plat of "Foxhill" to the southeast comer of Lot 8, Block 1, Foxhill; thence north 20 degrees 47 minutes 27 seconds west a distance of 573.0 feet to the most northerly corner of Lot 1, Block 2, Foxhill; thence southwesterly along the southeasterly line of the Dakota Rail, Inc. Railroad right-of-way to a point directly east of the most northerly point of abutment of the County Road No. 146 right- of-way and the northwesterly right-of-way line of Dakota Rail, Inc,; thence west to the centerline of County Road No. 146; thence southwesterly along said centerline to the point of beginning, and there ending. Part XXVIII - Bayridge/Hartwood Commencing at the southwest comer of the Northeast Quaner of the Southwest Quarter of Section 10, Township 117 North Range 23 West; thence easterly along the centerline of County Road No. 51 to its intersection with the easterly right-of-way line of Dakota Rail, Inc. Railroad, said intersection being the actual point of beginning; thence southwesterly along said easterly right-of- way line to the south line of Section 10; thence continuing southwesterly along said right-of-way line a distance of 1292.86 feet; thence west to the westerly right-of-way line of Dakota Rail, Inc. Railroad; thence north 72 degrees 42.5 minutes west a distance of 341.8 feet; thence south 73 degrees west a distance of 200 feet; thence south 58 degrees 30 minutes west to the shore of Lake Minnetonka; thence southerly and easterly along the shore of Lake Minnetonka to the centerline of CSAH 15; thence continuing easterly and northerly along the shoreline of Lake Minnetonka to the extended centerline of County Road No. 51; thence westerly along the centerline of County Road No. 51 to the point of beginning and there ending. Part XXIX - Orono Schools Campus Commencing at the northwest comer of the Northwest Quarter of the Southeast Quarter of Section 28, Township 118 North Range 23 West; thence south along the west line of the Northwest Quarter of the Southeast Quarter to its intersection with the centerline of County Road No. 6, the actual point of beginning. Thence westerly along the centerline of County Road No. 6 to a point 430 feet west of the east line of the Northeast Quarter of the Southwest Quarter of said Section 28; thence south to the south line of the Northeast Quarter of the Southwest Quarter of Section 28; thence westerly along said south line to a point 66 feet east ot the southwest corner of said Northeast Quarter of the Southwest Quarter; thence south 66 feet; thence west 66 feet; thence south 0 degrees 10 minutes west a distance of 485.96 feet; thence north 89 degrees west a distance of 331.04 feet; thence south 0 degrees 10 minutes west a distance of 776.17 feet; thence continuing south 0 degrees 10 minutes west to the centerline of U.S. Highway No. 12; thence easterly along said centerline to a point 900 feet west of the east line of the west half of Section 33, Township 118 North Range 23 West; thence north parallel with said east line to the north line of Section 33; thence north parallel with the east line of the west half of Section 28 a distance of 750 feet; thence east parallel with the south line of Section 28 a distance of 900 feet; thence north along the east line of the west half of Section 28 to the point of beginning and there ending. Part XXX - Dillman Property Beginning at the southeast comer of the Northeast Quarter of the Southeast Quarter of Section 33, Township 118 North Range 23 West; thence north 251 feet; thence west 348 feet; thence south 251 feet; thence east 348 feet to the point of beginning and there ending. Community Development Committee Meeting of October 21,1996 SW: Cl METROPOLITAN COUNCIL Mears Park Ceotre, 230 East Fifth Street, St Paul, Minnesota 55101 (612) 291-6359, fax (612) 291-6550 DATE: TO: FROM: SUBJECT: October 14,1996 Chair and Members of Communitj' Development Comminee Robert Davis, Principal Reviewer: Office of Local Assistance (291-6317) City of Orono Comprehensive Plan Amendment MUSA Revisions Wastewater Service Connections Metropolitan Council District No. 3 'Metropolitan Council Referral File No. 15690-3 EXECUTIVE SUMMARY ISSUE: Should the Council allow the city of Orono to put its proposed plan amendment into effect? POLICY IMPLICATIONS: The Council reviewed the proposed amendment to determine its consistency ivith regional policy and system plans. The pi ^posals to add existing residences with substandard and failing septic systems to the MUSA and connect the homes to public sewer will not have an intact on, or result in a substantial departure from regional system plans including w’astewater, transportation, aviation or parks. The proposal to add the 56 acre school complex property to the MUSA for expansion including an ice hockey rink is also consistent with Council policy. The piroposal to grant the city an additional 50 RECs (residential equivalent connections), to existing homes, location unspecified, for connection to adjacent sewer trunks will not adversely impact Council policy. FUNDING IMPLICATIONS: None PREVIOUS ACTIONS: This is the sixth in a series of amendments to the 1980 Orono Comprehensive Plan. All of these amendments have included proposals to add land to tlie MUSA for the purpose of providing public sewer service to existing residences. Orono's 1980 comprehensive plan found that existing homes on lots under 2 acres in size, located around the city, were likely to encounter septic system problems and would eventually have to be served by public sewer. The Council approved Orono's Comprehensive Sewer Plan, tier I (Referral File #14023-4) in April, 1993. In its review, the Council found the city ’s rural density of 2-and-5 acre lots inconsistent with rural policies. Following an evaluation of existing development the Council determined Orono to be an exception community, or one that cannot meet the Council's rural density policy because existing development already exceeds an overall 1 unit per ten (10) acre density. DISCUSSION: Orono has been adding area to the MUSA as homes with substandard and/or failing on-site septic systems are connected to public sewer. The location of a number of the existing residential units that have been connected to public sewer in the city does not result in a contiguous MUSA. However, the Council agreed with the city, in a comprehensive plan review several years ago, that it was necessary for environmental reasons to provide public sewer to homes with substandard and failing on-site septic systems. This has resulted in a numba of local sewer trunk lines extending thiough Orono's defined "rural area" to serve the non-contig'ious MUSA areas. However, the city of Orono does not charge the full cost of public sewer connections directly to the indi\ndual homeowner, part of the connection charge is paid by the city. Thus, while the neighborhoods to be served and added to the MUSA are not contiguous, Orono's local wastew-ater service assessment practices limit creation of vested development rights, thereby reducing urban development pressure on rural lands adjacent to the existing sewer trunks lines. The city' of Orono needs to update its long-term comprehensive plan to indicate where future urban growth is e.xpected to occur and where and how urban services are expected to be provided. PECOMiVIENDATIOrS: That the Metropolitan Council adopt the attached staff report with the following rxccmmendations: L'lform the city' of Orono that it may put the proposed plan amendmrat into effect and that no plan modification is required. Inform the city that it may extend the MUSA to incorporate the proposed 399 acres of developed area within the city, and the city may utilize a pool of 50 RECs to accommodate future connection of existing residences adjacent to existing sewer lines in accordance with the administrative review agreed to by the city. Recommend that the city of Orono update its con^rehensive plan to designate future staged expansions of the urban service area. Inform the city that the Council will not consider any future plan amendment from the city complete for review unlc.as the amendment includes a transportation element that meets requirements of the Council Transportation Development Guide/Policy Plan. I 9 Metropolitan Council Working for the Region, Pkinning for the Future March 8. 1996 mar '• 5Ronald Moorse “ ^ 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 :n the telephone conversation on Friday, March 1, 1996, 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 Services and Office of Locdl Assistance have reviewed the potential impact of the proposed connection of 190 e.xisting houses and the proposed ice arena on metropolitan interceptors. As Carl Schenk indicated to you, we also discussed the concerns of the City of Long Lake as indicated in their letter of February 21, 1996 vsith Joseph LsTich, city administrator. Flow from a portion of the propc .ewer connections will be diverted to a Long Lake trunk sewer that currently serves a porti 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 sewt. '.jndlc the increased flow from these connections prior to taking any action on the proposed imendment. If this service is not available, the proposed plan amendment may affect the met? .^.olitan system. 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 willi.ng to amend the current intercommunity agreement to serve the increased flow. The letter should also indicate that the revised agreement will not affect the cu'rent level of service provided to the City of Medina. (A copy of the amended iniercommi ’.nity agreement with those cities must be filed with the Council prior to any connections.) With regard to the city’s request for the allocation of an additional 50 "floating" sewer con.iections for undesignated, existing residences, there are several conditions that should be met to protect the metropolitan system. Connections are to be limited to 50 connections and to e.risting residences only. Prior to connecting any system or s>’stems 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 standards for 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 of Orono provide the Council with a letter agreeing to these conditions. To provide the City of Orono with the time necessary to reac'n an agreement with the City of 230 East Fifth Strcel St Pau!. Minncsnfa 55101 • 1634 (6121291-6359 Fax 291-6550 TOD/nv 291-0904 NK-tro Info Unc 229-3780 An tCffual Op/jorrunuy IlmpUniff Moorsc March 7. 1996 Page 2 Long Lake 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 unde' Minn. Stat. 15.99 subd.3f. 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 Regional Blueprint indicates the Council will give priority for regional infrastructure investments or expenditure of public dollars to commum'ties 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 Act is the preparation of a local Action Plan 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 m June, the strategy areas that will be included and any cooperative arrangements it may seek with other communities. The Council staff is willing to assist the city and cooperating communities in preparing the Action Plan. The 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 goab and policies. If there are concerns, Carl Schenk will contact you. I look forward to working with you in resolving these concerns. Yours tni4^ Thomas C. WcElveci Deputy Director, Housing, Development and Implementation cc: Mike Gaffron, City of Orono Joseph P. Lynch, City of Long Lake Mary Smith, Council District 3 Ed Bloom, Jim Larsen and Audrey Dougherty, Council staff September 10, 1996 Carl Schenk Metropolitan Council Mears Park Centre 2300 East Fifth Street St. Paul, MN 55101 Dear Mr. Schenk: This letter is to address the process for administering the 50 "floating" sewer connections included in the City's MUSA amendment application. The City agrees to the conditions set out in the letter of March 8, 1996 regarding the additional 50 "floating" sewer connections for und. ,nated 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 connection will be in accordance with the Council's standards fcr 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 numbet of remaining connections and a map indicating the connected residences. City Administrator RJM/lsv meeting REQUEST FOR COUNCIL ACTION ^ ® J996 DATE: OctobeF5y,9f?^90»iD ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: "7 Agenda Section: Administrator’s Report Item Description: Change Order Number 1 - Old Crystal Bay Road Bike Trail The original bid specifications for the segment of the Old Cry stal Bay Road bike trail currently authorized for constriction did not include the trail segment from Kelley Parkway north to the Orono School property. At the time of the bid award, the Council authorized the construction of the trail segment from Kelley Parkway to the Orono School property with the condition that city crews complete as much of the work as possible in order to minimize the cost. This has been done and a change order is now being requested for the paving portion of the trail work. The change order amount is $10,938. The "'ork completed by the city will reduce the cost of this trail segment by approximately 50%. COUNCIL ACTION REQUESTED Motion to approve Change Order Number 1 for the Old Crystal Bay Road bike trail project to provide for bituminous surfacing and restoration of the trail along Old Crystal Bay Road from Kelley Parkway to the Orono School property in the amount of $10,938. 1 ^ J Bonestroo Rosene isrm Anderlik & Associates Engineers & Architects Ban^sroo Bosene An^rhk ^<3 Atscct^'t. *nc «S An Acr<on Opportunity ^rnpioyf B'incipAls Otto G Bonesrroo Pi • Joseph C Anderlik. Pi • M^rym L Sorvjila. • ff.ch^fdE Turner P£ • G.e'>ri ff Coo* PE • Tncf»'t*» E Noyes. P£ • ffoPe't G Schunichr PE • Jerry A Bourdon p£ • PoOerf V& Rosene P£ and Susan V Ebenm CPA Senioi Consultants A«oc<afe Principals Howard A Sanford PE • Keith A Gordon. PE • Robert R Pfe^fene P£ • Richard \JU Foster P£ • David O Loskora P£ • Robert C Russek. A 1 A • Mark A Hanson. P£ • Michael T Rautrrann Pfc • Ted K P e'd P£ • kennetn P Anderson. PE • Mark R Ro*fS P£ • Sidney P Nfc iiliamson. P£ L S • Rcoe't F Kc!s*r t*' Off ces Si Paul Roc^'este' iirtsar and St C»oud MN • Mequon wi October 23, 1996 City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 •• Attn: John Gerhardson Dear John: This Change Order provides for the trail surfacing from Kelley Parkway north to the Orono School center. This section was not included in the original bid as the grading and gravel base work was to be completed by the City. We would expect the contractor to pave this segment yet this fall if the change order is approved. The total cost of this segment was estimated at $40,000 The work completed by the city w ill reduce the cost by 50 percent. If you have any questions, please contact this oftice. Sincerely, Oq^O^NE, ANDERLIK & ASSOCIATES, INC, Harlan M. Olson HMO:gs 2335 West Highway 36 ■ St. Paul, MN 55113*3898 • 612-636-4600 ff Owner City of Orooo, P.O. Box 66, Crystal Bay, MN 55323 Date October 23, 1996 Contractor: Buffalo Bituminous. P.O. Box 337,2852 Co. Rd. 12 N., Buffalo, 55313 Bond Co. CHANGE ORDER NO. 1 1996 OLD CRYSTAL BAY ROAD TRAIL IMPROVTiMENTS File No. 13985 Description of Work This change order provides for bituminous surfacing and restoration of the trail along Old Crystal Bay Road from Kelley Parkway to Orono High School, No.Item Unit Contract Quantity Unit Price Total Amount 9 Subgrade preparation SY 1.350.00 2 $2,025.00 ;3 Type 41 wearing course mix TN 160.00 45 $7,200.00 33 Roadside seeding AC 0.75 1,000 $750.00 34 Seed, mixture 500 LB 0.30 10 $3.00 36 Mulch material, type 1 TN 0.60 1,000 $600.00 37 Disc anchoring AC 0.30 1,000 $300.00 38 Commercial text, analysis 20-1048 TN 0.06 1,000 $60.00 13S8S/C0.wb1 $10,938.00 wi Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) $164,136.00 SO.OO $10,938.00 $175,074.00 Recommended for Approval by: BONESTROO. ROSENE, ANDERLK & ASSOCIATES, INC date: BUFFALO BITUMINOUS Approved by Owner: CITY OF ORONO cc: Owner Contractor Bonding Company Bonestroo & Assoc. i3985/co.wbi cot**:!“snNo REQUEST FOR COUNCIL ACTION Oct ^s I93e DATE: Octooe ITEM NO: / ^ Administrator Reviewed:Department Approval: Name Ron Moorse Title City Administrator Item Description: Agreement Regarding Inspection and Monitoring of Stormwater Facilities Agenda Section: Administrator s Report The Minnehaha Creek Watershed District (MCWD) is in the process of reviewing the permit application of the Orono Ice Arena, Inc. for the construction of an ice arena at the comer of Old Crystal Bay Road and County Road 6. The MCWD permit relates to water resources, and particularly to managing stormwater run-off and protecting wetlands. Because the MCWD doe' not have sufficient resources to monitor the maintenance of all stormwater drainage facilities, the approval of th permit is to be conditioned upon the city entering into an agreement with Orono Ice Arena. Inc. regarding the maintenance of stormwater drainage facilities. The agreement is to provide that Orono Ice Arena, Inc. agrees to maintain the stormwater facilities to specific standards, and the city agrees to monitor and inspect th? facilities on a periodic basis to ensure the maintenance standards t'e met. A revised agreement which includes the maintenance standards is attached for Council consideration. The City Engineer has indicated the cost of an annual inspection would be approximately $250.00. The city does have an interest in the stormwater iacilii.es continuing to function adequately to ensure protection of downstream properties and protection of water quality. The city’s monitoring of the maintenance of the facilities would assist in protecting the city’s interest. COUNCIL ACTION REQUES'TED: Motion to approve the agreement between the city of Orono and Orono Ice Arena, Inc regarding the maintenance of stormwater facilities. J'STORMWATER FACILITY MAINTENANCE AGREEMENT This maintenance agreement is made this day of 199 , by and between Orono Hockey Boosters Inc., hereinafter referred to as "Applicant", and the City of Orono, hereinafter referred to as "City", to provide for the maintenance of the stormwater facilities constructed pursuant to Minnehaha Creek Watershed District permit application number 96-80. WHEREAS, Applicant has applied for a permit from the Minnehaha Creek Watershed District ("MCWD") pursuant to MCWD Rule B, application attached hereto as Attachment 1; and WHEREAS, MCWD Rule B provides, "A maintenance agreement shall be submitted for: stormwater treatment ponds, outlet structures for such ponds, culverts, outfall structures and all other stormwater facilities. This maintenance agreement shall specify methods, schedule and responsible parties for maintenance and must include at a minimum, the elements contained in the District’s Maintenance Agreement Form." NOW, THEREFORE IT IS MUTUALLY AGREED by and between the parties 1. The city shall inspect the stormwater retention and treatment basin(s) to determine if the basin’s retention and treatmem characteristics are adequate. Inspections shall be completed once per year until construction is completed and vegetation in the drainage area has been established. Inspections shall then be completed every 5 years. A storage treatment basin will be considered inadequate if sediment has decreased the wet storage volume by 1/2 of its original design volume. Based on this inspection, if the stormwater basin(s) is identified for sediment cleanout, the Applicant shall restore the basin(s) to its original design contours within one year of the inspection date. 2. The City shall inspect the grit chambers, sump catch basins, sump manholes, outlet structures, culverts, outfall structures or other stormwater facilities for the project in the spring and fall of each year. The Applicant shall remove all sediment and debris identified during the inspections such that the stormwater facilities operate as designed and permitted. The applicant will have a period of 30 days after written notification to remove the sediment and debris. 3. Violation of the inspection and/or maintenance provisions of this Agreement is a violation of the MCWD permu for the project for which the MCWD may take action against the Applicant. 4. This Agreement is binding on the Applicant and the Applicant’s representatives, heirs, successors and/or assigns. Oct ClTy REQUEST FOR COUNCIL ACTION ^99$ DATE: October 23. 1996 ITEM NO: j Department Approval: Name Ron Moorse Title City Administrator Item Description: Sewer Assessment on Tax Forfeit Parcel Administrator Reviewed: /• Agenda Section: Administrator’s Report Background In 1980, the Minnetonka Bluffs sewer project was assessed such that, if a homeowner owned two or more contiguous parcels, the assessment was spread across the parcels rather than assessed only to the parcel containing the house. This has resulted in a situation in which a property owner who owned two contiguous parcels on Hanlon Avenue (please see the attached map) paid the portion of the assessment on the parcel with the house and let the other parcel go tax forfeit. Tne parcel with the house was then sold. The current owners are now trying to sell the house but would have better luck if they could add the tax forfeit parcel to their current lot. The tax forfeit parcel could be purchased from the County for a minimum amount. However, the city normally requires all unpaid sewer assessments including interest and penalties to be re-levied if a tax forfeit parcel is purchased. In this case the principal amount of the assessment is $3,350.(X). The interest and penalties have pushed the total assessment amount to over $6,(XX).00. The owner of the adjacent property has requested the city to re-levy only the principal amount of the assessment rather than the interest and penall-‘=:s. The owner has also requested that the new buyer be allowed to pay the assessment amount over a five year period. Please see the attached letter. Staff Recommendation Although in the normal case the city would not waive the accrued interest, in this case the assessment procedure has created a unique and difficult situation which as been a significant obstacle to getting this parcel back into private ownership. Because of this, staff supports the request to levy only the principal amount of the assessment with the condition that the tax forfeit parcel be legally combined with the adjacent homestead parcel. Staff also supports the five year payment plan with an annual interest rate of 7%. COUNCIL ACTION REQUESTED: Motion to approve the re-levying of only the principal amount of the sewer assessment ($3,350) on Lot 24 adjacent to 500 Hanlon Avenue, to be paid in five equal installments of principal, plus interest at an annual rate of 7%, with the condition that the tax forfeit parcel be legally combined with the 500 Hanlon Avenue parcel. OL.VMPIM PESOPT E* J.-E' F'lu-i 1 £EP ’ •=*»=. 12: ? 1 t *September 24, 1996 Mr. Ron Moorse City Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mr. Moorse: We have been transferred out of state end my employer has entered Into a contract with a relocation company to sell our home. The listing contract is between Burnet Realty (Rhonda Wilson) and the relocation company. The relocation company will not accept any offer containing a contingency. We have an offer on our home Including the adjoining lot, which we do not presently own. Since our home does not have a garage, or space to build one, Rhonda Wilson has urged us to attempt to purchase the lot to assure the sale of our home. We are asking you to consider our request for forgiveness of the penalty and interest di*-; on the adjoining lot and reassess if in the princys^ arr.ount c i $3,350, with the option of payment over a 5 year period, assumable by subsequent owners. The following explanation is submitted for your consideration. In I960, city sewer was placed In Minnetonka Bluffs. The City split the assessment for Lot 1 equally between Lots 1 and 24 as they were both owned by the same party. They did not require the 2 lots to be combinsd, however. When we purchased lot 1 (500 Hanlon Ave) in 1985, our purchase agreement provided that we assume all special assessments. We paid them off over time and had no knowledge that whal we were paying was only 1/2 of the assessment. The seller did not disclose that he owned lot 24 and that it had an assessment relative to lot 1. Had we known, we vyould pc'^haps, h"ve negotiated the purchase differently, requiring the seller to pay the jssessments. Lot 1 was assessed $3,350 and lot 24 was assessed $3,350, even though it was not a buildable lot. The seller never made a payment and lot 24 subsequently went into tax forfeiture. in 1985, we approached the City Council with a requeci to ■ai4-5S'7-533*4 OL't'MPIm RESORT S3S R02 SER 2T’S6 1^:K waive the assessment, as any other adjoining neighbor wishing to purchaae the parcel would not be required to pay it. We misunderstood the importance of our attendance at the City Council meeting and, instead, took care of a personal matter that needed our immediate attention. We were not there to negotiate with the council (as per the "Council Action Requested" Aug 19,1994) and the request was unanimously denied. We nov/ ask The City Council to reconsider our proposal and reassess this lot in the principal amount of $3,350, exclusive of penalty and interest, as it was not in our ownership wlien these fees were accumulated. We would appreciate your comments and request that this matter be acknowledged at the October 14,1996 City Council meeting. Thank you for your consideration. Sincerely, Daniel|iFjlci»cj;jq[|a '— : « Barbara Fleischnian.:—_ V / f. REQUEST FOR COUNCIL ACTION DATE: October 24, 1996 2 8 1996 '^'^"'onoNo ITEM NOiO: /7 Department Approval:Administrator Reviewed:Agenda Section: Name Dorothy Hallin City Administrators Title City Clerk Report Item Description: f Establish Date and Time for Canvassing Board Meeting The City Council must select a date and time to convene as the Canvassing Board to certify the results of the municipal election being held in conjunction with the General Election on November 5, 1996. This meeting must be held within two days of the election according to State Statute. In the past the Canvassing Board has met the day after the election at 4:00 p.m. and has completed its work and adjourned within 15 to 20 minutes. COUNCIL ACTION REQUESTED: Motion by Council to select a date and time for the 1996 Canvassing Board meeting. ‘^«-*C£HW3 Ocr 2 8 J9JJ *^OFOfUNoREQUEST FOR COUNCIL ACTION DATE: October ?3, 1996 ITEM NO: Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse Administrator ’s Report Title City Administrator Item l^escription: Tax Forfeit Properties The County has advised the city of two tax forfeit properties that are available to the city for a public use. Maps showing the two properties are attached. The property with PIN ^ 31-118-23- 42-0005 serves as the driveway for two homes. Staff does not see a public use for this parcel. Therefore staff recommends the parcel be released for sale to adjacent property owners. The parcel with PIN # 36-118-23-41-0043 could have a potential use for drainage and utilities. Staff recommends the city acquire the parcel for drainage and utility purposes. COUNCIL ACTION REQUESTED: 1. 2. Motion to adopt a resolution to release parcel 31-118-23-42-0005 for sale to adjacent property owners. Motion to adopt a resolution requesting the acquisition of parcel 36-118-23-41-0043 for a public purpose particularly drainage and utilities. I w 26^8.9S RES V 1 AX FORFEITED LAND RELEASED FOR PRIVATE SALE TO ADJACENT OWNERS WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the Sate of Minnesota; and WHEREAS, pursuant to Minnesota Statutes 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non-payment of real estate taxes; and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessments remaining unpaid to the City, and/or for possible public use by the City as authorized by the Statutes. In addition the Council has reviewed said land and pursuant to Minnesota Statutes 85.021, 92.461, Subd. 8, 282.018. Subd. 1 or 282.018, Subd. 2. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono, pursuant to Minnesota Statutes 282, hereby approves the classification of the following parcel of land as non-conservation land, and furthermore, approves the public sale of said parcel of land as listed below to adjacent property owners. This property does not meet current zoning standards and is unbuildable. All parcels remain subject to all applicable zoning ordinance provisions, including those regulations providing for minimum lot area and minimum lot width. Substandard parcels may be useable only in combination with other adjoining parcel(s). Release of this land by the City Council is subject to the condition that all outstanding special assessments shall be paid in full to the City upon return to private ownership. Any amount not recovered at the time of sale shall be subject to reassessment by the City. PARCEL RELEASED FOR SALE TO ADJACENT OWNERS ONLY District P.l.D. 31-118-23-42-0005 I Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 28th day of October, 1996. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk % REQUESTING CONVEYANCE OF TAX FORFEIT LAND FOR PUBLIC USE BY THE CITY OF ORONO WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statute 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non-payment of real estate taxes; and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessment remaining unpaid to the City, and/or for possible public use by the City as authorized by the statutes. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Orono, pursuant to Minnesota Statute Section 282.01, Subdivision 1, hereby applies to the Hennepin County Board of Commissioners and to the Commissioner of Revenue for conveyance of the following tax forfeited land to the City for public use by the City of Orono. PARCEL RETAINED FOR USE BY THE CITY District P.I.D.Public Purpose 36-118-23-41-0043 drainage and utilities Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held the 28th day of October, 1996, by a vote of____ayes and_____nays. ATTEST;Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk I REQUEST FOR COUNCIL ACTION ........“"■WeETINQ 2 8 me DATE: October 23, 1996 ITEM NO Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: Item Description: Tax Forfeit Parcel at 215 Tonka Avenue Agenda Section: Administrator’s Repon The city has recently been notified that the parcel at 215 Tonka Avenue is a tax forfeit parcel. The city now has the option of acquiring the parcel for a public purpose, or requesting the County to sell the parcel to adjacent property owners,-either to be combined with an existing lot, or as a separate, buildable lot. The parcel is approximately .2 acre in size (approximately 55 feet by 150 feet) and is surrounded on three sides by a larger parcel, (please see the attached map) The parcel was assessed a sewer unit as part of the Stubbs Bay sewer project. This was due to the parcel being a separate parcel under separate ownership with an existing living unit (cottage). Since that time the property owner has allowed the property to go tax forfeit. There is an existing $8,000 sewer assessment on the property. If the parcel is to be sold as a separate buildable lot it would be with the condition that the $8,000 sewer assessment be reassessed to the property. If the parcel is to be combined with an existing lot, the city’s policy has been to waive the sewer assessment since the sewer unit will not be used. Staff Recommendation Staff recommends the parcel be released for sale to adjacent property owners with the condition that it be combined with an existing lot. COUNCIL ACTION REQUESTED Motion to adopt a resolution releasing the parcel at 215 Tonka Avenue for sale to adjacent property owners with the condition that it be combined with an existing lot rather than used as a separate buildable lot. 138.25 169.125 235. 73 W. .. , ... ^Ola SlS^'^'r'NSI OL A (45) 1?S.2^ ^1*125.25 „ S ^ 15 K 1O 1 N qS 17 QS (42) « “ 2 \ Q (30) S S w 3 nS a------)— S (40) ^ X 4 ; o <0 (31); ?. 5 s V 5 \ ^ 1 S 13 5?/■' 6 S f h. 1P5.25..' Q 12 A* S1 (33) 7 p 125. 25 “« y'' • TAX FORFEITED LAND RELEASED FOR PRIVATE SALE TO ADJACENT OWNERS WHEREAS, the city of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non-payment of real estate taxes; and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessments remaining unpaid to the City, and/or for possible public use by the City as authorized the Statutes. In addition the Council has reviewed said lands and certifies that this parcel need not be withheld from sale pursuant to Minnesota Statutes 85.021, 92.461, 282.01, Subd. 8, 282.018, Subd 1, or 282.018, Subd 2. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono, pursuant to Minnesota Statutes 282, hereby approves the classification of said parcel of land as non-conservation land, and furthermore, approves the public sale of this parcel of land as listed below to adjacent property owners. All parcels remain subject to ail applicable zoning ordinance provisions, including those regulations providing for minimum lot area and minimum lot width. Substandard parcels may be useable only in combination with other adjoining parcels(s). Releast of this parcel by the City Council is subject to the condition that upon purchase by adjacent property owner of said tax forfeit parcel purchaser shall legally combine for tax purposes adjacent existing property and said tax forfeit parcel. Upon combination with an existing adjacent lot the existing outstanding sewer assessment is hereby waived by the City Council. PARCEL RELEASED FOR SALE TO ADJACENT OWNERS District P.I.D. it 05-117-23-13-0002 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held the 28th day of October, 1996. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk REQUEST FOR COUNCIL ACTION Oct 2 Q c/rvop, 1996 DATE: October 23, 1996 ITEM NO.: ^ ) 6'V^ Department Approval: Name: Ron Moorsc Title: City Administrator Administrator Reviewed:Agenda Section: Administrator’s Repon Item Description: Long Lake Fire Service Amended 1996 Budget and 1997 to 1999 Fire Service Contract In 1995, the city entered into an agreement with Long Lake for the provision of fire services for the years 1996, 1997 and 1998. Orono’s share of the 1996 budgeted expenditures was proposed to be $92,175. In 1996, based on the identification of additional equipment needs in the Long Lake Fire Department, specifically the need to replace protective gear for the fire fighters, the 1996 budget was amended to increase Orono’s share of the fire department expenditures to $97,985. This was an increase of $5,810 or 6.3%. The city of Orono’s share of the 1997 Long Lake Fire Department budget is proposed to be $103,589. This is an increase of $11,414 or 12.4% over the original 1996 budget and $5,604 or 5.7% increase over the amended 1996 budget. The major causes of the increase are a $4,000 increase in funding for fire fighter pensions and a $3,000 increase in training and development. Both of these increased expenditures are to assist in recruiting and retaining a full complement of highly qualified and motivated fire fighters. The attached correspondence from the city of Long Lake outlines the need for the additional expenditures. The 1996 budget amendment and the 1997 budget increase were both the result of a significant effort by the city of Long Lake to identify and address priority needs of the Fire Department. The city of Long Lake has indicated that making the budget increases in 1996 and 1997 will enable the department to move forward within a more stable funding level in future years. Staff Recommendation Staff recommends the Council authorize the additional 1996 Long Lake Fire Department expenditures to be funded from the contingency account. Staff also recommends approval of the 1997 to 1999 Fire Service Contract. COUNCIL ACTION REQUESTED: 1.Motion to amend the 1996 budget amount for Long Lake fire service from $92,175 to $97,985, and to authorize the additional expenditures to be funded from the contingency account. 2. Motion to approve the 1997 to 1999 Long Lake Fire Service Contract. r • MEMORANDUM August 20,1996 To: Fire Contract Cities From: City Administrator Subj: 1997 Fire Contract Budget cc: Long Lake Fire Department City Council enclosures: Schedule A, B & C 1997 Fire Budget Enclosed within is information I hope will help you to understand what has happened to the Fire Budget for 1996 and explain the Cit/s intention with the 1997 Fire Budget. The 1995 Fire Contract year ended with a credit to each community. The enclosed Schedule A reviews that information. The actual expenditures were less than the budget, resulting in a total credit of $2,205. A credit has been assigned back to your community based upon a percentage cfiarged according tc .2 contract for that year. The 1996 Fire Contract Budget has been amended. Previously you received a letter from Mayor Tod Olson outlining the reasons and necessities for the amendment of the budget. The City of Long Lake and the Long Lake Fire Department determined that the life expectancy of the fire gear was not meeting the demand and use based upon the number of increasing incidents in all three communities. Previously it had been estimated that fire gear would last approximately fifteen years, but with the increased demand, it appears that the life expectancy of the gear is now about five years. Over the next three years the City would like to completely replace used and ol j gear. Enclosed for your review and information is a copy of Schedule B which shows your communit/s share of the increase for the amended budget based upon a percentage of payment according to the contract for that year. In addition, the credit from the 1995 Fire Contract year is shown as a deduction against that amount. The total additional cost to your community is outlined on Schedule B. The 1997 Fire Contract Budget includes some changes based upon discussions v/ith the Fire Department and current trends in fire fighting. The City of Long Lake would like to make a commitment to its volunteer fire fighters by increasing the 1Memorandum Fire Contract Cities 08/20/96 amount given to the Fire Relief Association. Since the beginning of the new contract language, the cost to the communities for contribution to the Fire Relief has remained constant in terms of real dollars. In reality, this has been decreasing due to the fact that this has not kept pace with inflation. The City would like to add an additional $4,000 to the Fire Relief Association and continue to do so over the next four years. In this way we demonstrate our commitment to our volunteers and get to make the long term benefit to them comparable to what is being done in the area. Additionally, the City would like to make a commitment to the current members to help retain and motivate them to continue to serve with dedication and pride. The Long Lake Fire Department is now at a membership of thirty, which we believe to be ideal size. In order to continue to keep the membership full, active and enthusiastic, the City would like to add an additional $3,000 for motivation and public relation for its volunteer members. The City prides itself on being able to deliver a service that ’s comparable in quality to the other contract-ng communities, while maintaining its lov/ cost. The 1997 Fire Contract Budget is a 7% increase over the 1996 amended budget. However, if you factor out the increases to the Fire Relief Association and motivation and education, the increase in the actual operating budget is 2.1% ($143,544). The City of Long Lake believes it is necessary to continue to attract, motivate and retain volunteer fire fighters to provide the best quality service at the lowest possible cost. In order to do so, at this time the City needs to make a commitment to augment payments made to the Relief Association and allow for motivation and education for the department. The 1996 Amended Budget included an increase necessary to replace the fire fighting gear on a shorter time frame than previously estimated. In the 1997 Budget the Fire Department is making a commitment to help ensure that this cost is as low as it possibly can be and to augment payment for such gear out of their Special Equipment Fund. I will be contacting you shortly to try and arrange a meeting so that we can sit down and talk through the reason for the proposed changes and answer any questions you may have regarding this proposal. #----^ 1995 CONTRACT REVIEW 1995 BUDGET 1995 ACTUAL 125,200 122,995 AMOUNT OVER/(UNDER) BUDGET (2,205) CREDIT ORONO LONG LAKE MEDINA 71.12% 20.81%8.07% CREDIT $ 1,568 $459 $178 FIRE/96-97 FIRE BUDGET 8/13/96 L___ filCTCSl'.*' »[<TV- -1 B 1996 CONTRACT REVIEW 1996 BUDGET 1996 AMENDED BUDGET 130,208 140,632 AMOUNT OVER/(UNDER)BUDGET $ 10,424 SHARE OF INCREASE ORONO 70.79% 7379 LONG LAKE 20.89% 2178 MEDINA 8.32% 867 TOTAL 10424 •LESS CREDIT FOR 1995 FIRE CONTRACT (1568)(459)(178) (2205) 1996 ADDITIONAL 5811 1719 689 8219 OUNT ASSESSED 92,174 27,201 10,833 130,208 NEW TOTAL 97,985 28,920 11,522 138427 FlRE/96-97 FIRE BUDGET 8/13/96 1997 PROPOSED CONTRACT 1997 BUDGET 150,544 ORONO %LONG LAKE %MEDINA %TOTAL # CALLS 93 1563 950 89 94 1934 961 266 95 2270 1329 241 5767 60%3240 34%5.'6 6%9603 AMV 397.37 72.58%••99.27 18.13%50.88 9.29%547.52 70%50.80%12.70%6.51 %70,00% 30%18.01%10.12%1.86%30.00% 100%68.81 %22.82%8.37%100.00% $ 103,589 $34,354 $ 12,601 $ 150,544 1996 AMENDED COST $ 97,985 $28,920 $ 11,522 $ 138,427 INCREASE/ (DECREASE)5.7%18.8%9.4% FIRE/96-97 FIRE BUDGET 6/13/96 :3 Ki; IJJ: ?tt« 10:3« AX Optional Cods 5 Grand Total 97 Fire Bud;*City ci Lon; La'ieLON'3 im V0L3STiil FI12 CiPiiTKIXT FIRS OEPT CODE . « ^ • • •»« m * i f r «MuLi Ob] Descrlotlcn lajor iqulpient lusd Special Equlpient Fund 3j«» • Xext Tear Budoet F02 ?ar:-Tlie Siployees 10,300 F04 Part-TUe Eaplcyees 35,410 •04 ?Tr»m m «*A 3,497 roo Auditing and Arct’g Services 0 F07 Electric Utllliles 1,750 F07 Gas Dtllltles 1,750 :0J Telephone 1,100 F09 Kotor Fuels 2,100no .Dues and Subscriptions 300 Fll Kcrier’s Coop Insurance ?re:3,031 Fll General Liability Ins 1$,14S FIT Kedlcal and Cental Fees 4,760 FI 3 Other letlreuen: Contributions r F14 Fire Pension Ccntributlons 14,000 •15 B.A.F.T.A 1,300 FIS 5e p a 1 r s /X an t X 5::. ne ry/ Equ 1 p 3,500 •17 Pagers 1,500 •18 Radio Cnlts 3,500 :19 lepairs/Xalnt Eulldlngs 2,530 F20 Kajor Equipsent Fund 0 F21 Vares and Salaries IGEN'EIAL)• 0 « 1 9 « ^ T71* *Building Pentals 13,203 •23 Legal Fees - Criilnal 0 F24 Accessories ipaper, pens, etc]2,300 F25 Kedical Supplies • 3*.”' F26-:Protective Gear/'Jnllcrns 8,500 F2S-2 Xlscellaneous :3ESE2AL)533 F26-3 Training and Instruction 10,003 F2S-4 Equipaent Parts 5,403 F2S-5 Cheblcals and Che: Products 900 ^ -i 150,544 _ ^vflt UM. ^ Vikam ■' » m CITY OF LONG LAKE ^ • December 29, 1995 Mr. Ron Moorse City Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55356 Ref Fire Contract - Fire Department Budget Dear Ron: This letter addresses some current and future Fire Department expenses which were identified as we reviewed the 1995 Fire Department spending projection against 1995 budget. As you know, both the Long Lake Fire Department and the city have been moving toward two year budgeting and five year financial planning. Inevitably this leads to a need to revise our thinking and to anticipate future expenses. Summary: Fire Department expenses will exceed budget in 1995 due to additional protective gear replacement, in excess of that planned. Investigation revealed that the budgeted replacement cycle for protective gear was approximately 15 years but the actual life cycle of the gear is closer to five years. This reduced life is driven in part by the steady growth in calls as development in the serv'ice area has continued. Discovery of the change in protective gear lifetime has caused us to conclude that a broader examination of equipment needs and lifetimes commensurate with community changes in the service area would be beneficial. Discussion: As we examined spending in 1995, we found that we had dramatically under estimated the amount of turn out gear which needed to be replaced. Where the budget had provided for two sets of gear, the actual need was for seven sets which included three new members. Upon closer examination, it was evident that the department had been under replacing this protective equipment for the past several years. They had estimated a useable life of fifteen years, but in reality the life is about five years. This means for our department of 1964 Park Avenue • Long Lake, Minnesota 55356 • 612-473-6961 612-476-9622 (fax) \ Ron Moorse December 29, 1995 Page 2 30 people, we need to budget at least six units per year. Further, we will need to amend the 1996 budget to accommodate replacement of several sets of gear that will wear out in the next twelve months and we need to recognize that the 1995 budget will need to accommodate the extra five sets purchased but not budgeted for 1995. In round numbers, the cost is $1,200.00 per set of protective gear. (Helmets, visors, gloves, boots, pants, coats, etc.) This means that an amended budget for 1995 would be $6,000.00 higher. Happily, exclusive of the extra protective gear, the Fire Department will be under budget for 1995 and the amount to be shared by the cities will be somewhat less than this. The 1996 budget needs to be adjusted to reflect an additional six units above the three that had been programmed. This increases the total budget by $7,200. In 1997 and the years following, we will budget six units so that we have replacement money to cover the expected life of five years. This replacement cycle will allow us to incorporate new safety improvements on a gradual basis as they appear and should cover new members of the department as they replace retirees or drop-outs. As we conducted these discussions with the Chief and Assistant Chief, it became apparent to us all that we need to look more closely at the specific equipment of the department to try and estimate its useful life and the quantity of certain items that we make sure are on hand. There are gradual changes that have been occurring in areas served by the department which affect wear and tear on equipment and the kind of equipment the department needs For example, an increasing percentage of homes are equipped with alarm systems and more of those systems are designed to detect carbon monoxide. This year, from its special equipment fund (money donated by the Fire Department and the Lions) the department purchased a carbon monoxide detector so it could check residences which had no fires but had registered an alarm. From their major equipment fiind (again funded entirely by donations) they purchased a Zodiac inflatable raft and paid for special fit up and maintenance of the new tanker truck. The ofticers pointed out that they generally try to replace about 8-10% of their hose each year. They really believe we should add an additional 2,000 feet of special nylon hose in 1996, but it was not budgeted back in May when the 1996 budget was prepared. They pointed out that nylon hose is lighter and smaller in outside diameter than a fabric hose of the same carrying capacity. This would permit each truck to carry more hose and that provides an additional advantage when runs are long between water sources and fires. They believe this should be of special concern to Orono residents who generally have long driveways. Based upon this discussion, 1 am of the opinion that we should establish a 1996 objective to review our current equipment and its replacement over time. Although our contract and its budget process are designed properly to deal with actual cost of departmental operation, our approach on equipment replacement costs should be remedied. Ron Moorse December 29, 1995 Page 3 In 1996 we will schedule work sessions prior to the budgeting period to better understand such potential funding needs. Sincerely, Tod Olson Mayor cc: Jeff Karlson, City of Medina Mike Bash, City of Long L ake Mike Brown, Fire Chief Jim Cox, Assistant Fire Chief OOUn-'Cl 2 8 1996 REQUEST FOR COUNCIL ACTION cnvop O«0NO DATE: October 23, 1996 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: Administrator’s Report Item Description: Renewal of Livable Communities Act Participation In November of 1995, the city adopted a resolution of participation in the Metropolitan Livable Communities Act Local Housing Incentive Program. This involved the adoption of a set of housing goals and the development of a housing action plan. These are now in place. The city’s resolution was for participation during calendar year 1996. A new resolution is needed to renew the city’s participation for an additional year. A resolution is attached for Council adoption. COUNCIL ACTION REQUESTED Motion to adopt a resolution renewing the city’s participation in the Metropolitan Livable Communities Act Local Housing Incentive Program for the calendar year 1997. i, J i J f'* A RESOLUTION OF PARTICIPATION IN THE METROPOLITAN LIVABLE COMMUNITIES ACT LOCAL HOUSING INCENTIVE PROGRAM WHEREAS, the City of Orono Community Management Plan calls for the city to improve the housing conditions of persons residing is substandard housing, provide safe, healthful and blight free residences and neighborhoods, and provide opportunities for a mix of housing types, locations and cost ranges which will meet the needs and provide adequate housing for age and family groups; NOW, THEREFORE BE IT RESOLVED, by the Orono City Council that the City of orono does hereby elect to participate in the Metropolitan Livable Communities Act Local Housing Incentives Program during calendar year 1997. Adopted this 28th day of October, 1996. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Halli'. City Clerk Oct 2 d REQUEST FOR COUNCIL ACTION DATE: October 23, 1996 ITEM NO: ^996 Department Approval: Name Ron Moorsc Title City Administrator Item Description: Disollusion of Suburban Alliance Administjrator Reviewed:Agenda Section: Administrator ’s Report The Suburban Alliance, which was formerly knov^n as the West Hennepin Human Ser\'ices Planning Board, is a joint powers organization whose members arc 21 west Hennepin cities. The Board was formed by a Joint powers agreement in 1973 for liie purpose ol planning and coordinating the provision of human services in western Heniiepin County. In recent years the organization has experienced financial and functional difficulties. City staff from the cities of Hopkins, Minnetonka, Plymouth and St. Louis Park, which are all members of the joint powers organization, have in recent months reviewed the current status and functioning of the organization. After meetings with representatives of a majority of the member cities, it is being recommended that the Suburban Alliance be discontinued as an organization. A report outlining the reasons for this recommendation is attached, along with a resolution indicating the city of Orono ’s intent to dissolve its relationship with West Hennepin Human Services Planning Board effective January 31, 1997 and providing for its orderly disollusion. Financial Implications The SuDurban Alliance does have a significant amount of debt related to unpaid obligations from its operations in 1995. The amount of this debt is approximately $130,000. It also has an obligation regarding a 5 year office space lease that has three years remaining Because the Suburban Alliance is a joint powers organization, all member cities are jointly and severally liable for payment of the debt and other costs associated with the shutdown of the organization. Based on an allocation according to population, Orono s share of the $130,000 debt is $5,011.33. There could be additional costs related to other shutdown expenses. The resolution of dissolution indicates Orono accepts an obligation to pay a portion of the debt and shutdown costs. COUNCIL ACTION REQUESTED: Motion to adopt a resolution declaring intent to dissolve the city’s relationship with West Hennepin Human Services Planning Board, AKA Suburban Alliance, effective January 31, 1997 and providing for its orderly disollusion. 1 DECLARLNG INTENT TO DISSOLVE RELATIONSHIP WITH WEST HENNEPIN HUMAN SERVICES PLANNING BOARD, A.K.A. SUBURBAN ALLIANCE, EFFECTIVE JANUARY 31, 1997 AND PROVIDING FOR ITS ORDERLY DISSOLUTION WHEREAS, the West Hennepin Human Services Planning board, also known as Suburban Alliance, was established by joint powers agreement in 1973 to provide human services planning and coordination in western Hennepin County; and WHEREAS, Suburban Alliance has provided valuable service to western Hennepin County, but due to financial difficulties is no longer able to perform its core functions of human service planning and coordination; and WHEREAS, county and city staffs recommend the dissolution of Suburban Alliance effective January 31, 1997; and WHEREAS, county and city staffs recommend exploring new options for providing human services planning and coordination which can address current needs in western Hennepin County; and WHEREAS, the Joint powers cities recognize and accept their obligation to pay the debts and closing cost of Suburban Alliance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Orono that it declares its intent to dissolve its relationship with the West Hennepin Human Services Planning Board, also known as Suburban Alliance, effective January 31, 1997; and BE IT FURTHER RESOLVED that the City Staff are directed to discuss with Hennepin County and the other joint powers cities possible alternative for human services planning and coordination in western Hennepin County. Adopted by the City Council of Orono, Minnesota this 28th day of October, 1996. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk I West Hennepin Human Services Joint Powers Cities September 23, 1996 Mayor and City Council of Orono do Mr Ronald Moorse, City Administrator P.O. Box 66 Crystal Bay, MN 55323 SE? Dear Mr Moorse During the past weeks you have heard about the status of the West Hennepin Human Services Planning Board, also known as Suburban Alliance Since July several of the city members of the joint powers agreement have worked to try to resolve the financial and functional difficulties of Suburban Alliance. Unfortunately, it does not seem that Suburban Alliance can continue as an organization At a September S meeting of the joint powers cities, a majority of the member cities (12 of 21 cities) reached consensus to recommend to the city councils to dissolve Suburban Alliance Attached is a report on Suburban Alliance for your city council. The report spells out the legal and financial obligations of the joint powers cities. This report was reviewed with the Suburban Alliance Board of Directors on September 17, and they concur with the proposed plan. The report requests that your city council pass a resolution declaring intent to dissolve Suburban Alliance on January 31, 1997 We hope that you can schedule action by your city council during October. Please forward a copy of the adopted resolution to: Kathy Lueckert, City of Plymouth, 3400 Plymouth Boulevard, Plymouth, 55447. The financial obligations of the joint powers cities to pa> the Suburban Alliance debt and close out costs are not insignificant. We are working ailigently to identify the bottom line and determine the actual obligation of each city. We will forward the number to you as soon as practicable. Thank you for your cooperation. Please give us a call if you have questions. Steve Mielke Hopkins 939-1326 Geralyn Barone Minnetonka 939-8200 Kathy Lueckert Plymouth 509-5052 Wally Wysopal St. Louis Park 924-2519 MEMORANDUM West Hennepin Human Services Joint Powers Cities DATE:September 23, 1996 TO:Mayors and City Councils of West Hennepin Area FROM:On behalf of West Hennepin Human Services Joint Powers Cities: Steve Mielke (Hopkins City Manager), Geralyn Barone (Minnetonka Assistant City Manager), Kathy Lueckert (Plymouth Assistant City Manager) and Wally Wysopal (St. Louis Park Assistant City Manager) SUBJ Report on the Status of West Hennepin Human Services Board (also known as Suburban Alliance) and Reouest to Declare Intent to Dissolve Suburban Alliance as of January 31, 1997 ACTION REQUESTED: The West Hennepin Human Services Planning Board (also known as Suburban Alliance) is no longer a viable organization because of significant debt and inability to perform its core functions of human services planriing and coordination. During the summer, staff from several of the Suburban Alliance joint powers cities and from Hennepin County have met with Suburban Alliance. Attempts to resolve the outstanding debt issues, keep the agency financially solvent, and provide core services have proven fruitless. The best option is to dissolve the West Hennepin Human Services Planning Board. We request that you receive the following report on the status of the West Hermepin Human Services Planning Board, review the action plan and approve a motion declaring intent to dissolve West Hennepin Human Services Planning Board as of January 31, 1997. BACKGROUND: The West Hennepin Human Services Planning Board was formed by a joint powers agreement in 1973. In recent years, the organization has employed the name Suburban Alliance. Its purpose was to “...provide an organization through which the parties may jointly and cooperatively coordinate the providing of human services, both publicly and privately, in the territory of the parties.” In addition to planning and coordinating human services, the board also provided a forum for citizen participation in human services. One impetus for forming not only the West Hennepin Board but also the Northwest Hennepin Human Services Planning Board and the South Hennepin Human Services Board is that some of the state and federal human services funding received by Hennepin County requires citizen input and participation. At the time the three boards were created, Hennepin County and the cities agreed that such planning and participation is best done at the local level. i Joint Powers Cities Report on Suburban Alliance, Page 2 Eight cities were the original members of the Suburban Alliance board. Over time, the number of member cities has grown to twenty one, but an additional four cities receive services but provide no funding. Each member city can appoint two individuals to the Suburban Alliance Board. At their discretion, the board also can appoint various “at large” representatives. Because the size of the board (currently well over forty individuals) makes for unwieldy decision making, the board appoints an executive committee. This group effectively manages the organization. In its twenty three years of existence. Suburban Alliance has expanded its scope from the original functions of human services planning and coordination Suburban Alliance has managed the Energy Assistance Program (state funding), managed Emergency Services contracts for Hennepin County, and provided home energy audits for NSP Its planning and coordination funding has been provided by the joint powers cities and by Hennepin County. It also spawned two other organizations. Community Builders works to provide housing options for low income residents of western Hennepin County. The Suburban Hennepin Anti-Racism Coalition (SHARC) seeks to combat racism and encourage tolerance. Suburban Alliance has a tradition of human services advocacy and grass-roots citizen participation. Through the years Suburban Alliance and the joint powers cities have not had an active working relationship. DISCUSSION; Unbeknownst to the joint powers cities, Suburban Alliance ended 1995 with expenditures exceeding revenues. Nearly all of the debt was owed to emergency services providers: Interfaith Outreach, Interchurch (ICA), WECAN, and STEP. Money also is owed to Twin Cities Voice Mail. These organizations had provided services during 1995, but had not been reimbursed for these services by Suburban Alliance. Under the Hennepin County emergency services contract. Suburban Alliance was to approve the emergency services vouchers and to pay them with funding from the County. It appears that some of the emergency service dollars earmarked for the providers was used to pay other obligations of Suburban Alliance. The problem was compounded by increased overhead expenses, due to an office relocation and rental market conditions at the time. During the spring, Hennepin County held discussions with Suburban Alliance about repaying the debt. In May, the Suburban Alliance Executive Director resigned. Suburban Alliance was unable to devise a repayment plan and to provide planning and coordination services which met the requirements of Hennepin County. In July, Hennepin County staff decided to recommend to the Hennepin County Board the termination of ail contracts with Suburban Alliance, effectively shutting down the agericy. Hennepin County staff then contacted the joint powers cities and informed them of this recommendation. In general, the call from Hennepin County was the first time the member cities were made aware of I Joint Powers Cities Report on Suburban Alliance, Page 3 the scope of the Suburban Alliance problem. The cities requested a one month delay in this recommendation, to see if a solution could be devised. City staff from Hopkins, Minnetonka, Plymouth and St. Louis Park have sought a solution during the last weeks. A workable solution to keep the agency open does not seem possible. With great reluctance, a recommendation to close Suburban Alliance was made to all twenty one joint powers cities in early September. There seems to be consensus among the cities to close the agency ’s doors by September 30, 1996 and to dissolve the joint powers agreement by January 31, 1997. The focus now has shifted to two issues; the orderly shut-down of Suburban Alliance, and the opening of discussions with Hennepin County about a new human services planning and coordination structure. The city attorneys ofMinnetonka and Plymouth/St. Louis Park have stated that legally the joint powers cities are responsible—jointly and severally —for the payment of the debt and costs associated with the agency shut down. The extent of the financial obligation will be discussed in the next section. The cities have devised an action plan to deal with all of the issues surrounding the shut down. This plan is attached. No deadlines are assigned to any of the action steps because the details are still under development. All member cities of the joint powers agreement must adopt a resolution dissolving the agency.. The joint powers agreement specifies that member cities have until August 1 of each year to declare their intent to leave the joint powers agreement at the end of the calendar year. If even one city does not take action to dissolve the agency, then Suburban Alliance will continue to exist until January 31,1998. This would not be a desirable situation. FINANCIAL IMPLICATIONS: The 1995 audit of Suburban Alliance, completed in 1996, pointed to some of the agency ’s fiscal problems. While in 1996 Suburban Alliance appears to be operating within its budget, it is doing so without repaying 1995 debt and without having staff to perform core services. The primary reasons for the 1995 debt seem to be: Suburban Alliance did not react promptly to cutbacks in federal and state funds, keeping staff employed without adequate funds for their salaries. Funding sources, such as emergency service dollars, were commingled in order to pay salaries. Suburban Alliance, in 1994, was compelled to relocate from free space in St. Louis Park to leased space in Hopkins. The lease is for five years. Monthly rent is $3,000, and leasehold improvements were made which involve an additional $2,000 each quarter. Suburban Alliance has other outstanding obligations in addition to the debt owed to the emergency services providers. Listed below are estimates of these obligations: I r Joint Powers Cities Report on Suburban Alliance, Page 4 1995 Obligations Emergency Services Providers Federal Emergency Mgmt. Agency Hennepin County Planning Contract TwinCities Voice Mail * Subtotal Deferred Revenues Total $ 66,400 4,274 9,603 8.000 $ 88,277 $ 14,500 S102.777 Twin Cities Voice Mail provides a service to individuals who may not be able to afford telephone service but need a means to receive messages for job searches, etc. Attached is a spreadsheet summarizing Suburban Alliance ’s projected revenue and expenditures for 1996. In addition, there are unknown 1996 obligations. Estimates of the total amount for which the joint powers cities are liable range from $100,000 to $177,000. A spreadsheet is attached which shows the potential obligation of each city, based on population. It assumes that the cost of debt repayment and close-out costs wall be around $130,000. This number does not include any obligations for the remainder of the office space lease, which could be as much as an additional $130,000. We do not yet know how or when the city obligations will be paid, but our intent is to finalize the obligation number before December 31, 1996. The first priority will be debt repayment to the emergency service providers. Hennepin County has indicated its willingness to assist the cities with close out costs by continuing its planning and coordination funding for Suburban Alliance through the end of 1996. This funding will help reduce the overall obligation of each city. The current Suburban Alliance office manager will assist with the agency close-out through the end of the year. This individual will administer the emergency services contract for Hennepin County until the end of 1996. Hennepin County is exploring options available for emergency services for the first six months of 1997. It is likely that either the north or south human services planning boards will manage the emergency services contracts through June 1997. The joint powers cities feel strongly that an independent audit of the agency’s books is in order, both now and at the agency’s dissolution on December 31, 1996. The audit will determine the final financial obligation of each joint powers city. A CPA familiar with human services planning boards and non-profit organizations may be used to conduct these audits. Joint Powers Cities Report on Suburban Alliance, Page 5 FUTURE OF HUMAN SERVICES PLANNING: The staff of the joint powers cities and county staff feel strongly that there is a need for human services planning and coordination in western Hennepin County. During the fall, the cities will begin discussions with Hennepin County about creating a new entity to do human services planning and coordination. The goal is to h?”e this new structure in place by July 1997. We have learned valuable lessons from this experience. It is likely that the new structure will have the active involvement of staff and/or elected officials from the member cities. Suburban Alliance provided a valuable service for over twenty years. However, the joint powers cities welcome this opportunity to look at what human service needs exist in the 1990s, and examine the best way to meet these needs well into the next century. RECOMMENDED ACTION: We recommend that the City Council adopt the attached resolution which states the intent of the joint powers cities to dissolve the West Hennepin Human Services Board effective December 31, 1996. Another resolution, formally dissolving the organization, will be presented in December. Should you have questions, please give any of us a call: Steve Mielke Geralyn Barone Kathy Lueckert Wally Wysopal Hopkins Minnetonka Plymouth St. Louis Park 939-1326 939-8200 509-5052 924-2519 Joint Powers Cities Report on Suburban Alliance, Page 6 City of Res. 96 - DECLARING INTENT TO DISSOLVE RELATIONSHIP WITH WEST HENNEPIN HUMAN SERVICES PLANNING BOARD, A.K.A. SUBURBAN ALLIANCE, EFFECTIVE JANUARY 31,1997 AND PROVIDING FOR ITS ORDERLY DISSOLUTION ' WHEREAS, the West Hennepin Human Services Planning Board, also knoAvn as Suburban Alliance, was established by joint powers agreement in 1973 to provide human services planning and coordination in western Hennepin County; and WHEREAS, Suburban Alliance has provided valuable service to western Hennepin County, but due to financial diSiculties is no longer able to perform its core functions of human service planning and coordination; and WHEREAS, county and city staffs recommend the dissolution of Suburban Alliance effective January 31, 1997; and WHEREAS, county and city staffs recommend exploring new options for providing human services planning and coordination which can address current needs in western Hennepin County; and WHEREAS, the joint powers cities recognize and accept their obligation to pay the debts and closing costs of Suburban Alliance; NOW THEREFORE, BE IT RESOLVED by the City Council of the _____that it declares its intent to dissolve its relationship with the WestCity of ___ Hennepin Human Services Planning Board, also known as Suburban Alliance, effective January 31, 1997; and BE IT FURTHER RESOLVED that City Staff are directed to discuss with Hennepin County and the other joint powers cities possible alternatives for human services planning and coordination in western Hennepin County. Adopted by the City Council on Suburban Alliance—Proposed Action Steps Leeal ♦ Suburban Alliance Board of Directors continues to act as legal entity authorized to take actions necessary to close agency ♦ City Councils dissolve joint powers agreement and therefore the organization Financial ♦ Conduct independent preliminary review and audit of agency to determine exact financial status ♦ Close out existing contracts; finalize emergency service arrangements with Hennepin County for remainder of 1996 and first six months of 1997. 4 Settle lea[se issues ♦ Collect debts owed organization ♦ Sell assets ♦ Finalize outstanding obligations (debt and close-out costs) and submit payment obligations to joint powers cities by December 31, 1996. ♦ Conduct independent final audit of Suburban Alliance ♦ Collect outstanding financial obligations from joint powers cities Loeistical ♦ Establish agency close date of December 31, 1996. Office closes September 30, 1996. ♦ Inventory physical assets/sell physical assets ♦ Provide information/assistance to employees ♦ Retain current office manager to assist in coordination for agency close ♦ Begin discussions with Hennepin County about new human services planning and coordination structure for western Hennepin County Public Relations ♦ Western Hennepin Human Services Planning Board (a.k.a. Suburban Alliance) created in 1973 by cities in western Hennepin County to provide human services planning and coordination ♦ Suburban Alliance has provided valuable service to the citizens of western Hennepin County, but is no longer a viable organization ♦ Recommendation to close Suburban Alliance difficult for cities to make ♦ Cities and Hennepin County remain committed to human services planning and coordination; this is still an important need ♦ Exciting opportunity to work with Hennepin County to develop human services planning and coordination which meets today’s needs in western Hennepin County West Hennepin Human Services Planning Board Summary of Projected Revenues & Expenditures (4/96) 12 Month Period Ending December 1996 ■i ^ Revenues: Dept of Economic Hennepin County Member Municipalities NSP Audit Program Rent/Fiscai Agency Total Revenues Expenditures: Direct Assistance Personnel Related Non Personnel Related Total Expenditures Revenues Less Expenditures Energy Citizen Home Assistance Participation Emergency Energy Program & Coordination Services Audits Other Total $1,022,500 $1,022,500 . 82,900>116,600 ''199,500 35.000 35,000 76.300 76,300 39,900 39,900 $1,022,500 $117,900 $116,600 $76,300 $39,900 $1,373,200 $775,600 $104,800 $14,000 $894,400 130,200 57,700 10,200 21,200 18,600 237.900 116,700 60,200 1,600 17,100 21,300 216,900 $1,022,500 $117,900 $116,600 $52,300 $39,900 $1,349,200 $0 $0 $0 $24,000 $0 $24,000 Board Meeting July 16, 1996 9 Sheetl Suburban Alliance Joint Powers Cities-Debt and Close-out Obligations City Name Population % Of Total %of 130K Deephaven 3.621 1.88 $ 2,437.67 Excelsior 2,367 1.23 $ 1,593.47 Hopkins 16,536 8.56 $ 11,132.10 Independence 2,952 1.53 $ 1,987.30 Long Lake 1,951 1.01 $ 1,313.42 Loretto 494 0.26 $ 332.56 Maple Plain 2,094 1.08 $ 1,409.69 Medicine Lake 373 0.19i_______$ 251.10 . Medina 3,628 1.88 $ 2,442.38 Minnetonka 50,569 26.19 $ 34,043.24 Minnetrista 3,758 1.95 $ 2,529.90 Mound 9,592 4.97 $ 6,457.w7 Orono 7,444 3.85 $ 5,011.33 Plymouth *28,696 14.86 $ 19,317.92 Shorewood 6,613 3.42 ♦ 4,451.90 Spring Park 1,757 0.91 $ 1,182.82 St. Louis Park 43,641 22.60'$ 29,379.28 St. Bonifacius 1,192 0.62 $ 802.46 Tonka Bay 1,487 0.77 $ 1,001.05 Wayzata 3,860 2.00 $ 2,598.57 Woodland 482 0.25 $ 324.48 Total 193,107 100 $130,000.00 * Plymouth's population is split between Suburban Alliance and Northwest Hennepin Human Service Council. The City contributes to both organizations. Page 10 ocr es OlVop i9$e °«OMoREQUEST FOR COUNCIL ACTION DATE: October 23, 1996 ITEM NO: Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse Administrator ’s Report Title City Administrator Item Description:/ Hiring of Temporaiy Community Service Officer I have attached a memo from Chief Cheswick requesting the hiring of a Community Service Officer on a temporary basis, due to an injury to the current Community Service Officer. Chief Cheswick is recommending the hiring of David Goman who has worked for the city as a CSO officer in the past. COUNCIL ACTION REQUESTED: Motion to approve the temporary hiring of David Goman as a part-time Community Service Officer at a salary of $7.30 per hour. Date: To: From: October 15, 1996 Ron Moorse, City Administrator Gary Cheswick, Chief of Police Subject: Hiring of Community Service Officer As a result of an off-duty injury of CSO Chris Fischer who will be unavailable to work for 4-6 weeks, I am requesting the city hire, on a part-time, temporary basis, David (D.J.) Goman. Mr. Goman will work Mondays, Wednesdays, and Thursdays at a salary of $7.30 per hour with no benefits. Starting date will be Monday, October 21, 1996. Mr. Goman has been informed this is a temporary' position and will continue until <ihc return of CSO Chris Fischer. COUto REQUEST FOR COUNCIL ACTION ’*•**££1)^0 OCT 2 s 1996 DATE: October 24, 1996 ITEM NO:</ Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: P^y___ Agenda Section: Administrator ’s Report Item Description: Appoint Additional Election Judges for General Election - Resolution Attachment: Proposed Resolution Appointing Additional Election Judges for the November 5, 19% General Election Background At the meeting of October 12, 1996, Council approved Resolution #3781 appointing election judges for the November 5, 1996 General Election. At that time staff had not received confirmation from all contacted residents regarding their interest in serving as election Judges. Since that time the following persons have indicated they are prepared to serve as election judges. Three of those listed on the resolution are students from the Orono High School who will be working 3-4 hours each as Trainee Election Judges. This will be the first election in the city where Trainee Election Judges will be working. Tlie purpose of using Trainee Election Judges is to familiarize high school students with the voting process. Recommendation It is staffs recommendation Council adopt the attached resolution listing the names of additional qualified persons who have indicated their willingness to serve as election judges at the November 5, 1996, General Election. COUNCIL ACTION REQUESTED Motion to approve Resolution No.appointing additional election judges for the November 3, 1996, General Election. Ayes_, nays u.. A RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES FOR THE GENERAL ELECTION TO BE HELD NOVEMBER 5,1996 BE IT RESOLVED, that pursuant to Minnesota Election Laws 204B.21, Subd. 2, the following persons are appointed as election judges for the General Election to be held Novembers, 1996. \ Denise Aasen Leopold Hauser, 111 Erin Hilbelink Betty Ann Howells Robert Howells Robert Langguth Lindsay Nielsen Lou Ann Powell Mary Ann Stinson Glenn Tillotson Thomas White Wes Wolverton Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held October 28, 1996. Edward J. Callahan, Jr., Mayor ATTEST: Linda S. Vee, Deputy Clerk OCT 2 8 ]99g REQUEST FOR COUNCIL ACTION cnvoFonoNo DATE: Oct 23. 1996 ITEM NO: ^ Department Approval:— Name: Chris Miller/c'^ Title: Asst. Finance'Director Administrator Reviewed: Agenda Section: . City Administrator's Report “7 Item Description: 1996 Third Quarter Re\ enue and Expenditure Report The following report summarizes the 1996 re\ enues and expenditures for the third quarter ending September 30,1996. Summary of Revenues The General Fund revenues for the quarter ending September 30,1996 total $2,139,300. This represents approximately 64% of the projected revenues for the calendar year of 1996. The revenues received to date are higher than expected due to increased interest earnings, and additional contractual ser\ ice charges in the Public Works area and Police Special SeiA ices. The revenues received, along with beginning fund balances, ha\ e adequately funded expenditures through the third quarter. The City received one half of its property tax share in July, and expects to receive the final portion in December. Summary of Expenditures The General Fund expenditures for the quarter ending September 30, 1996 total $2,220,994. This represents approximately 66% of the projected expenditures for the calendar year of 1996. The expenditures paid are generally at expected le\els, with a few exceptions being noted in the Governmental Funds Expenditure Report. All Governmental Funds expenditures have been adequately funded by revenues and beginning fund balances. Council Action Requested Information purposes only, no Council action required. • City of Orono 1996 General Fund Revenue Report As of September 30,1996 Source of Revenue 19% Budget vm Budget 09-.30-96 \TD Re\’cnues 09-30-96 Dollar Increase (Decrease) From YID Budeel % Increase (Decrease) 0..30%Property Taxes 1,647.940 813,970 826.455 —---------------------------— ^ 1485 Licenses 14,650 3,663 3,4.30 (133)-6357c Permits 170,350 144,798 1511.*50 7352 5.087c Intergovernmental 442,630 130,168 131484 1316 1.017c Charges for Services 915,470 778,150 801,251 13,101 2.977o Fines & Forfeits 61,200 45,900 47,229 1329 2.907c Interest 59,285 44,464 52,978 8,514 19.157o Miscellaneous 36,230 27,173 13323 (3.849)-14.17% TOTAL REVENUES 3.347.755 2,098,283 11.39300 41.017 1.95% t: \ City of Orono 1996 Governmental Funds Expenditure Report As of September 30,1996 Dollar YTD vro Increase 7c 1996 Budget Expenditures (Decrease)lncrea.se Budeet 09-30-96 09-30-96 From YID Budget (Decrease) QTY COUNQL Personal Services 16,270 12,203 11028 (174)-1.43% Supplies & Maintenance 50 38 0 (.38)-100.00% Professional Service 8,570 8,570 8,570 0 0.00% Other Expenses 31,735 13,801 13,660 (141)-0.59% TOTAL 56,625 44,611 44,258 (3531 -0.79% 9 ADMINISTRAIION Personal Services 172,615 127,735 128,441 706 0.55% Supplies & Maintenance 400 300 0 (.300)-100.00% Professional Service 3,000 1250 2,379 129 5.74% Other Expenses 9,700 6,305 6,069 (236)-3.75% lOlAL 185,715 136,590 136,889 299 0.22% ELECTIONS Personal Service 5,800 0 0 0 0.00% Supplies & Maintenance 50 15 200 175 700.00% Other Expenses 815 408 503 96 13.55% TOIAL 6,665 433 703 271 62.65% ASSFiiSING Professional Service 76,160 63,974 64,473 498 0.78% TOTAL 76,160 63,974 64,473 498 0.78% City of Orono 1996 Governmental Funds Expenditure Report As of September 30, 1996 Dollar RNANCE Personal Services Siq>plies Sc Maintence Professional Service Other Fxpenses TOTAL YTD \TD Increase 9c 19%Budget Expenditures (Decrease)Increase Efudgt^09-.30-96 09-.30-96 1 rom YTD Budget (Decrease) 142,080 105,1.39 104,352 (787)-0.75% 50 38 .34 (4)-933% 3,240 3,240 3,651 411 12.69% 2,560 1,920 1328 (.392)-20.43% 147,9.30 1103.37 109.565 (772)-0.70% LEGAL Professional Service Other Expenses 'lOl'AL CENTRAL SERVICES HUMAN SERVICES Other Expenses lOTAL 92,080 0 92,080 15,760 15,760 31307 0 ILM 12,608 12,608 30327 0 30327 12,126 12,126 (980) 0 (980) (482) (482) -3.1391 0.0091 -3.1.391 Supplies & Maintenance 42,100 31..S75 32..344 769 2.44% Professional Service (1)6,865 3,433 7,118 3,685 10736% InsuratKe (2)49,365 49,.365 4.3,111 (6,254)-12.67% Capital Outlay 3,080 2310 2,613 313 13..56% Other E^nses 62,080 .37,248 .37,111 (1.37)-0..37% TOTAL 163,490 113.9.31 122307 (1.624)-1.31% -3.8291 -3.8291 . t Ciiy of Orono 19% Governmental Funds Ejq>enditure Report As of September 30,1996 Dollar YTD YTD Increase % 1996 Budget E.xpenditures (Decrease)Increase Budget 09-30-96 09-30-96 From YFD Budget (Decrease) POLICE Personal Services 994,300 725,839 726363 524 0.07% Supplies & Maintenance (3)87,400 65,550 60,422 (5.128)-7.82% Professional Services 30,970 10,840 10,927 88 0.81% Insurances (2)29.835 29,835 25,560 (4.275)-14.33% Other Expenses 50,380 22,671 22,694 23 0.10% Capital Outlay 49,680 43.718 43,263 (455)-1.04% TOIAL U42.565 898,453 889329 (9.2241 -1.03% RRE Professional Service 197,465 TOTAL 197,465 PLANNING & ZONINCi Personal Services Supplies & Maintenance (4) Professional Ser\accs (5) Other Expenses TOTAL 290,380 3.500 2.500 6,085 302,465 132,302 132.302 214,881 1,750 1,875 3,651 222,157 131,602 131,602 213,262 977 4,173 3,335 221,746 (700) (700J (1.619) (773) 2,298 (316) i411) -0.53% -0.53% -0.75% -44.16% 122.55% -8.67% -0.18% City of Orono 1996 Goveramental Funds Expenditure Report As of September 30,1996 1996 Budget YTD Budget 09-30-96 YTD Expenditures 09-30-96 Dollar Increase (Decrease) From YTD Budget % Increase (Decrease) EMERGENCY PREPAREDNESS Supplies & Maintenance Other Expenses TOTAI- ANIMAL CONTROL 1,100 900 550 675 373 185 2,000 L215 559 (177) (490) (666) -32.15% -72-54% -.54.40% Personal Services Supplies & Maintenance Professional Services Other Ejqjenses 12,250 800 1,400 150 8,575 400 490 188 8,177 0 50 286 (398) (400) (440) 98 -4.64% -100.00% -89.80% 52.27% TOTAI.14,700 9,653 8,512 n.l40I -11.81% ENGINEERING Professional Service 1.5,130 10,591 10,216 (375)-3.54% rOTAL 1.5,130 10,.591 10,216 (375)-3.54% STREET MAINTENANQi Personal Service 241,850 174,132 170,355 (3,777)-2.17%. Supplies & Maintenance 206,350 113,493 113,700 208 0.18% Other Expenses 34,760 20,856 20,183 (673)-3.23% lOlAL 482,960 308,481 304,239 (4,242)-1..38% i City of Orono 1996 Governmental Funds Expenditure Report As of September 30,1996 Dollar YTD YTD Increase % 19%Budget Expenditures (Decrease)Increase Budget 09-30-96 09- 30-96 From YTD Budget (Decrease) PARKS & RECREAllON Personal Services 26,770 17,401 17.125 (276)-138% Supplies & Maintenance (6)18,800 14.100 19,145 5,045 35.78% Professional Service (7)650 488 1,105 618 126.70% Other Expenses 5,650 791 341 (450)-56.95% TOTAI.51.870 32,779 37,715 4,936 15.06% t RECYCLING Personal Services 1,685 421 706 284 67..50% Supplies & Maintenance 350 263 0 (263)-100.00% Professional Service 68,120 44,278 43,383 (895)-2.02% Other Expenses 6,000 1,500 1343 (157)-10.44% TOTAL 76,155 46,462 45,432 (1.029)-2.22% SPEQAL SERVICES - CONSUI.TING & POLICE Personal Services (8)8,850 7,523 10,883 3,360 44.67% Professional Services 33,000 13,200 12,682 (518)-3.92% TOTAL 41,850 20,723 13.565 1842 13.72% SPEQAL PROJECTS AND CON'IINGENCIES Personal Services 10,000 0 0 0 0.00% Professional Service 16,000 1,600 1,500 (100)-6.1i% Other Expenses (9)1,000 750 11,443 10,693 1425.70% Transfers 97,500 0 0 0 0.00% Contingency Items 51,670 14,984 14,588 (3%)-2.64% TOTAL 176,170 17,334 27,531 10,197 .58.82% TOTAL GENERAL FUND 3.347.755 2,223,949 2,220,994 (2.955)-0.1.3% 1 ^ ----------------- -rr, . 1City of Orono 1996 Governmental Funds Expenditure Report As of September 30,1996 Dollar yiD no Increase % 1996 Budget Expenditures (Decrease)Increase Budeet 09-30-96 09-30-96 From Y 10 Budeet (Decrease) SPEQAl nr\TENUE FUNDS Park Fund 217,000 62,930 62,132 (798)-1.27% Equipment Outlay Fund (10)67.380 67,380 99,457 32,077 47.61 % Building Outlay Fund 135,300 9,471 9,408 (63)-0.67% TOTAL 419,680 139.781 170,996 31.215 22..33% TO! AL GENERAL AND SPECIAL REVENUE FUNDS 3,767,435 2,363,730 2.39L990 28,260 1.20% DEBT SERVICE 1982 Improvement Bonds 20,685 19,858 20,416 559 2.81% 1991 Improvement Bonds 404,515 384,289 378.088 (6,202)-1.61% 1992 Improvement Bonds 185,885 182,167 182,805 637 0.35%. 1995 (1989) Wtr Improvement Refunding Bonds 28,696 28,696 24,156 (4.540)-15.82% 1995 (1989) Swr Impro\'ement Refunding Bonds 28,586 28,586 46,770 18,184 63.61% TOTAL 668,367 643,596 652,234 8,638 U4% WATER OPERA'nNG FUNT) Personal Service 89,110 57,922 59,220 1,298 2.24% Supplies & Maintenance 41,150 23,867 22,994 (873)-3.66% Professional Services 4,760 3,570 3,632 62 1.75% Insurance (2)7,950 7,950 7,207 (743)-9.35% Other Expenses 104,760 78,570 78,933 363 0.46%i TOIAL 247,730 171,879 171,986 108 0.06%i City of Orono 1996 Governmental Funds Expenditure Report As of September 30, 1996 Dollar YID \TD Increase % 19%Budget Expenditures (Decrease)Incre-asc Bud>>et 09-30-96 09-30-96 From YTD Budget (Decrease) SEWER OPERATING FUNT) Personal Services 133,845 86,999 84,119 (2,881)-3.31%. Supplies & Maintenance 48,370 29,022 29,227 205 0.71% Professional Services 10,495 8,921 9,186 265 2.97% Insurance (2)10,770 10,770 10,191 (579)-5..38% Other Expenses 508,615 406,892 406,660 (232)-0.06% TOTAL 712,095 542,604 539,382 (3.222)-0.59% GOLI* OPERAllNG l^ND Personal Service 69,110 56,670 56,649 (21)-0.04% Supplies & Maintenance 17,435 13,948 13,244 (704)-5.04% Professional Service 1.640 1,312 1,869 557 42.42% Insurance (2)14,445 14,445 15,468 1,013 7.08% Other Expenses 40,130 .30,098 30,306 209 0.69% TOTAL t4?'’60 116,473 117,5.36 1,063 0.91% COMBINED TOTAL /\LL GOVERNMENTAL FUNDS _____-125,538T87 _3,838j,281_3,873 J 29 34,848 0.91% COMMENTS: (1) Additional costs for LOGIS have been incurred. The City has remained with LOGIS for a longer period of time than expected, to further evaluate new permitting and licensing software s>-stcms. It is anticipated that the city will remain with the LOGIS group until a comprehensive study on alternative systems is completed. (2) The City’s insuran'** premium rates were lower than expected. (3) Maintenance on police vehicles have been lower than expected as compared to previous years. (4) A new vehicle for the Fluilding Inspector has been scheduled to be purchased in 1^7. Therefore only minimal vehicle maintenance has been scheduled during 19%. (5) Additional e^nditures for the City Recorder, and the microCchc of building plans and zoning files hav’c been incurred. The budget for 1997 has been adjusted accordingly. 9 (6) The 19% budget underestimated necessary contract e.xpenditures. Ihe 1997 budget has been adjusted accordingly. (7) Additional expenditures for the City Recorder have been made. Ihe budget for 1997 has been adjusted accordingly. (8) Additional police security has been contracted out. These expendittires arc offset by' additional revenues. (9) Includes the Council-approved installation of surv'cillance equipment in the Police area. Ihese expenditures are partially offset by additional revenues from the contract cities, and drug forfeiture funds. An adjustment to the General Fund budget will be made. (10) Includes Council-approved expenditures for an upgrade to the information systems in the Police Department. An adjustment will be made to the 1996 budget. These expenditures are to be repaid ov'cr a five year period. • > Oct REQUEST FOR COUNCIL ACTION " '' DATE: OooiflSCJti^ 1996 ITEM NO: ip Department Approval: Name Dorothy Hallin TiUe City Clerk Administrator Reviewed: Item Description: List of Licenses for Council Approval Agenda Section: Licenses On-Sale Liquor Jimmie’s Lounge and Sunday 3380 Shoreline Drive Club Liquor Wayzata Country Club and Sunday 200 Wayzata Blvd Club Liquor Woodhill Country Club 200 Woodhill Road Off-Sale Liquor Navarre Liquors, Inc. 3421 Shoreline Drive COUNCIL ACTION REQUESTED: Motion to approve licenses listed above. 1 i-iaUOR OONTML DIVISION 444 COIMII ST-SUITC 100 L ST. PMJL rw 55101 : Safer\ >ION VIN55IOI (612)296-6430 TTY(612)282-6555 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE >o license will be approveti or released until tile $20 Retailer ID Card fee b receh ed by Liquor Coatrol Lktpsee; Please veril> your bceose information contained below. Make corrections if nccessarj and sign. Citj* Clerk/Coimt)* Auditor should submit this signeJ renewal with completed license and licensee liquor liabilit)' for the new license period. Chy Clerk/County Audhor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code ONSS Cit}/Count> where license approved Orono Licensee Name ^ ^ ^ ® ^ Inc. License Period Ending 1 2/31 /96 [p # 3219 Trade Name Jimmie’s Lounge Licensed Location address 3380 Shoreline Dr/Box 36 Cit>. State.Zip Code Navarre, MN 55392 Business Phone (612) 471-7666 LICENSE FEES; C>tl Sale $C)n Sales 4,000.00 Sunday S 200.00 By signing this renew al application, applicant certifies that there has been no change in ownership, corporate officers, partners, home addresses, or telephone cumbers. If changes ha\ e occurred duiing the past 12 months, please gh e details 00 the back of this renewal, then sign below. Applicant*! signature on this renewal confirms the following; Failure to report anv of the following will rtfuh In Qnsix 1. 2. 3. 4. 5. Licensee coolimis that it has ne\ cr had a liquor license rejected by any cit\’/townsbip/count)' in the state of Minnesota If c\er rejected, please gi\ e details on the back of this renew al, then sign below. Licensee coafimis that for the past frve years it has not had a liquor license revoked for any liquor law \ioIatioo (state or local) If a revocation has occurred, please p\c details on the back of this renew al, then sign below. Licensee confirms that during the past five years it or its cmplojees have not been cited for any ci\il or criminal liquor law violations. If violations have occurred, please grve details on back of this renewal, then sign below. Licensee coi^irms that during the past license year, a summons has not been issued under the Liquor Liabilit)' Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in cHy/county where license is issued. S 100,000 in cash or securities or $100,000 lurefs bond may be submitted In lieu of liquor liability. Licensee Signature :__________________________________Date (Signature certifies alTa^ove information correct and license has been approved by cit>/count). Cit\ Clerk/CounU Auditor Signature Date (Signature certifies that an on-sale intovicatmg liquor license has been approved by tlie city/countj* as stated above). Coun^‘ Attorney Signature Date Count)* Beard issued licenses onlyWp^aturc certifies lie Police/Sheriff Signature s eligiblc^r license) Dale (Signature cerlifiM bcens^oTassod^ have cited diimg the past five >ears for any stat^/twal^quor law violations (criminal/civil). Report Minatious on back, then sign here. PS 9(PS 9093-94 Date: To: October 15, 1996 Ron Moorse, City Administrator From: Gary Cheswick, Chief of Police Subject: Liquor License Renewal We liave reviewed the application of Mr. Jimmie G. Holtz on behalf of Jimmies Lounge. No (iquor license violations have been reported since 1993. I have no objection to the issuance of this license. Ltm ooirmx. divisicn • 444 COM ST-8UI7E 100 L cfA^^ ST. PMU. rti S5I0I NfN 55101 (612)296-6430 TTY{6I2)282-6555 RENEWAL OF LIQUOR, W INE. OR CLUB LICENSE_______ No Ucrnac wiD be appro%ctl or relmc4 imtU iIm S20 Retailer ID Card fire b receKc^ by MN Liquor Coeirol Please \ enf\* your bcense infonnation contamed below Make correclions if oecessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and bcensee liquor liabibty for the new Ucense period CHy Clerk/County Auditor are nbo required by M S. J40A.404 S« 3 to report any license cancellation. License Code MCLONSS .License Period Ending 12/31/96 [j) # 1 1 S6 Sunday S 200.00 C it) /County v% here license approved 0 r o n o Licensee Name Way z at 3 Country Club Inc. Trade Name Wayzata Country Club Licensed Location address 200 Wayzata Blvd/Box 151 City, State, Zip Code Orono, MN 55391 Business Phone (612) 473-8846 LICENSE FEES: OfTSaleS On Sale S 100.00 By signing this renewal appbcatioo, appbeant certifies that there has been no change in ownership, corporate oftlcers, partners, home addresses, or telephone numbers. If changes have occurred during the past 12 months, please give details on the back of this renew al, then sign below . Applicant*! signature on this renewal copfirms the following; Failure to report anv of the following will result in fines. 1. Licensee confirms that it has ne%er had a bquor bcense rejected by any city/township/ccunty in the state of Minnesota. If ever rejected, please gi\ e details on the back of this renewal, then sign below*. 2. Licensee coofirms that for the past fi\e years it has not had a bquor Ucensc revoked for tny bquor law \*ioIation (stale or local) If a rev ocatio*. has occurred, please give details on the back of this renew al, then sign below. 3. Licensee confirms that during the past five years it or its employees have not been cited for any ci\il or criminal liquor law violations. If violations have occurred, please gh e details on back of this rene^val, then sign below. 4. Licensee confirms that during the past bcense year, a summons has not been issued under the Liquor Liabibty Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 5. Licensee confirms that Workers Compensation insurance is in effect for the fiill license period. Licensee has attached a liquor UabUity insurance certificate that corresponds with the license period in dty/county where license is issued. SIOO.OOO in cash or securtties or S100,000 surety bond may be submitted in lieu of liquor U*biUtv. ^ Q-;Licensee Signature (Signature certifies all above information to be correct and heense has been approved by city/county. Date 9' P: ^C? City Clerk/Count> Auditor Signature Date (Signature certifies that an on-sale intovicaiing bquor license has been approved by the city/county as stated above). Coun^• Attorney Signature County Board issued licenses only (S Pobce/SherifiF Signature Date c certifies license ble for license) Date (Sigeature certifies bcensee or as:AJCiat«^^^e n^iicCn'citcTduring the past five years for any state/l<>6al Ufuorlaw violations (criminal'civil). Report violations on back, then sign here. PS 9093-94 Date:October 15,1996 To:Ron Moorse, City Administrator From:Gary Cheswick, Chief of Police ^ Subject:Liquor License Renewal We have reviewed the liquor license application and records of Richard Kohn on behalf of the Wayzata Country Club. I have no objection to the issuance of the license. LiOUOft OONmCL DIVISION 444 OOMWI 8T-80I1C 100 L ST. MUL m SS101 ION IN 55101 (612)2%-6430 TTY(612)282-6555 RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE N« Ucemc wll be •pfrovc4 ®r rek«i e4 w4fl Ifcc $20 RctaBtr ID Card fee b reccKcd by M> LNpMr Co»> o) License*; Please \ cril\' your bceose informatioD contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and hcensce liquor UabiLty for the new license period. Chy Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code MCLONSL City/County where license appro', ed 0 r o no LicenseeName Woodhill Country Club TradcName Woodhill Country Club Licensed Location address 200 Woodhill Rd City. State. Zip Code Orono, MN 55391 License Period Ending 12/31/96 |X) # 391 On Sale S 100.00 Sunda\ $ Business Phone (612) 473-7333 LICENSE FEES; OfTSaleS By signing this renewal appbcation, applicant certifies that there has been no change in ownership, corporate officers, partners, home addresses, or telephone numbers If changes have occurred during lb ' past 1 2 months, please give details on the back of this renew al, then sign be^ow. Applicant's signature on this renewal confirms the following: Failure to report anv of the foUowing will mult in 1 . Licensee confirms that it has ne\ er had a liquor license rejected by any citv /'township/countj* in the state of Minnesota. If ever rejected, please give details on the back of this renew al, then sign bclow\ 2. Licensee corJirms that for the past five years it has t had r liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renew al, then sign below. 3. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law v iolations. If v iolations have occurred, please giv e details on back of this renew*al, then sign below. 4. Licensee confirms that during the past license year, a summons as not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 5. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in chy/countv where license b Issued. 5100,000 in cash or securities or 5100,000 surety bond may be submitted in lieu of liquor Uability. Licensee Signature Date (Signature certifies all above information to be correct and license has been approved by city/county. City Clerk/Count\ Auditor Signature Date (Signature certifies that an on-sale intovicating Lquor license La.i been approved by the city/.'ounty as stated above). Coun^ Anome\ Signature County Board issued licenses only (S <^re certifies liccn ^ate igible for li«nse) Police/Sheriff Siznature ^ -------------Pale (Signature certifies Uceusie^r associates bev^dfbe^ited du.nng die past fi\c years for any state/jdcaljkfuor law- violations fcriminal'civil). Reocrl violatioDSon back, then sign here. PS 9t Date violations (criminal'civil). Report violatio then sign here.PS 9093-94 Date:October 15,1996 To:Ron Moorse, City Administrator From: Gary Cheswick, Chief of Police Subject: Liquor License Renewal We have reviewed the application and the records of Mr. Mark A. Albrecht on behalf of theWoodhill Country Club. 1 have no objection to the issuance of this license. rn'twwrnmm LiguoR OQwniaL division 444 CBM) ST-SUITE 100 L ST. PAUL m 5S101 : Saferv >ion ' vlN 55101 (612)296-6430 T'n'(612)282-6555 _______RENEWAL OF LIQUOR, WINE, OR CLUB LICENSE_________ >'o Scenac wfll be approved or released mdS fte S20 RetaBer ID Card fee b received bv M>‘ Lienor Control License*; Please \cril\' vout license infoiination contained below. Make corrections if necessan and sign Cit>' Clerk/Count> Auditor should subnut this signed renewal with completed license and licensee liquor liabilit> for the new license period. CHy Clerk/County Audhor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code OFSL Cily/Count)’ where license approved Or ono Licensee Name Navarre Liquors Inc. .License Period Ending 12/31/96 ID jj 6641 Trade Name 3421 Shoreline Dr Licensed Location address Navarre, MN 55392 CiN'. State. Zip Code (612) 471-8800 Business Phone 150.00 LICENSE FEES; Off Sale $ On Sale S Sunday S By signing this renewal application, applicant certifies that there has been no change in ownership, corporate oflicers, partners, home addiesses. or telephone numbers. If changes hat e occurred during the past 12 months, please gh e details on the back of this renew al, then sign below. Applicant ’s signature on this renew al confirms the following; Failure to report anv of the following will result tn 1. 2. 3. 4. 5. Licensee coofimis that it has ne> er had a liquor license rejected by any city/township/county in the state of Mianes<>.a If ever rejected, please give details on the back of this renewal, then sign below. Licensee confums that for the past fi\ c years it has not had a liquor license re\ oked for any liquor law siolation (state or local). If a revocation has occurred, please gh e details on the back of this renewal, then sign below. Licensee confirms that diunng the past five years it or its employees ha\ e not been cited for any ei\il or criminal liquor law violations. If v iolations have occurred, please give details on back of this renewal, then sign below. Licensee confirms that durmg the past license > ear, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes. attach a copy of the summons, then sign below. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in cHy/county where license b bsued. $100,000 in cash or syurities or $100,000 surety bond may be submitted in lieu of liquor UabiUtv. DateLicensee Signature (Signafjre certifies all above information to be correct and license has been approved by city/county. City Clerk/Countv Auditor Signature Date (Signature certifies that an on-sale intoxicating hquor license has been approved by the city /county as stated above). Count\' Attorney Signature Date County Board issued licenses onlv^ignaturc certifies li Is eligible fo^icense) DatePolice/Sheriff Signatur^^^^’’^ j ___________Date (Signature certifies licen^ or associat^^ve notbeen cited during the past five years for any stale/ld^al^uor law violations (criminal/civil). Report violations on back, then sign here. *''■PS 9093-94 Date:October 18,1996 To:Ron Moorse, City Administer From:Gary Cheswick, Chief of Police Subject:Liquor License Renewal I have reviewed the application submitted by Steven Corl on behalf of Navarre Liquor, 3421 Shoreline Drive. No problems were found when reviewing records within the Orono Police Department. Therefore, I have no objection to the issuance of this license. oo / r\3 Cb / i 21 Oct 1996 Mon 2:56 PM Check Number Check Number 52479 Check Register City of Orono Date Name 52479 CITY COUNTY CREDIT UNION 23-Oct-96 CITY COUNTY CREDIT UNION Totals Check Number 52479 CITY COUNTY CREDIT UNION Check Number 52480 52480 52480 52490 FIRST NATIONAL BANK OF LAKES 23-Oct-96 23.Oct-96 23-Oct-96 Totals Check Number FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES 52480 FIRST NATIONAL BANK OF LAKES Check Number 52481 52481 GREAT WEST LIFE ASSURANCE CO. 23-Oct-96 GREAT WEST LIFE ASSURANCE CO Totals Check Number 52481 GREAT WEST LIFE ASSURANCE CO Check Number 52482 52482 HENNEPIN CO. SUPPORT & COLL 23-Oct-96 Totals Check Number HENNEPIN CO. SUPPORT & COLL 52482 HENNEPIN CO. SUPPORT & COLL Check Number 52483 52483 HENNEPIN COUNTY SUPPORT & COLL 23-Oct-96 Totals Check Number HENNEPIN COUNTY SUPPORT & COLL 52493 HENNEPIN COUNTY SUPPORT k COLL Check Number 52484 52484 ICMA RETIREMENT TRUST - 457 23-Oct-96 Totals Check Number ICMA RETIREMENT TRUST - 457 52404 ICMA RETIREMENT TRUST - 457 Check Number 52485 52485 LAW ENFORCMENT LABOR SERVICE 23-Oct-96 Totals Check Number LAW ENFORCMENT LABOR SERVICE 52495 LAW ENFORCMErrT LABOR SERVICE Check Number 52486 52406 MN DEPT OF REVENUE 23-Oct-96 Totals Check Number MN DEPT OF REVE.VJE 524 96 M:; DEPT OF REVENUE Check Number 52487 52487 KN MUTUAL LIFE 23-Oct-96 Totals Check Number .MN MUTUAL LIFE 52487 MN MUTUAL LIFE Transaction Arnount 6.564.00 6.564.00 3.120.96 3.120.96 7,236.67 13.478.59 1.190.00 1.190.00 164.82 164.82 184.50 184.50 100.00 100.00 462.00 462.00 3,040.31 3,040.31 55.00 55.00 Page 1 Comments SAVINGS W/H k TRA.NSFEr.RED FICA k MEDICARE W/H FICA.MEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED CCMP W/H THCMTON #C0266780 SKREEN SC0262310 DEFERRED CO^:P W/H UNION DUES W/H STATE TAX W/H DEFERRED COMP W/H ^ 31 Oct 1996 tton 2:S6 PM Check Register City of Orono Check Number Date Name Check Number 52488 52488 MN STATE RETIREMENT-CEF CCMP 23-Oct-96 MN STATE RETIREMENT-DEF CCMP Tocals Check Number 52488 MN STATE RETIREMENT-DEF CCMP Check Number 52485 PEBSCO/OBRA 52489 23-Oct-96 PEBSCO/OBRA Totals Check Number 52489 PEBSCO/CBRA Check Number 52490 PEBSCO/US CCNF OF MAYORS 52490 23-Oct-96 PEBSCC/US CCNF OF MAYORS Totals Check Number 52490 PEBSCO/US CCNF OF MAYORS Check Number 52491 PERA 52491 52491 23-0ct-96 23-Oct-96 PERA PERA Totals Check Number 52491 PERA C3)eck Number 52492 UNITED WAY 52492 23-Oct-96 UNITED KAY Totals Check Number 52492 UNITED WAY Grand Total 'ransaction Amour .t 150.00 150.00 214.19 214.19 2,002.50 2,002.50 3,795.67 4,976.17 8,771.84 29.00 29.00 36,406.75 Page 2 Coram*5nts DEFER.RED COMP W/H 0BR-^ DEFERRED COMP W/H USCM DEFERRED COMP W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H 1 t 24 Oct 1996 Thu 11:56 AM Check Number Check Number S2«93 Check Register City of Orono Page X Date Name 52493 A-1 RENTAL 24-Oct-96 A-1 RENTAL Totals Check Number 52493 A-1 RENTAL Check Number 52494 ALL STAR ELECTRIC 52495 24-Oct-96 ALL STEEL PRODUCTS CO INC, Total® Check Number 52495 ALL STEEL PRODUCTS CO INC. Check Number 52496 ASPEN EQUIPMENT CO. 52496 52496 24-Oct-96 24-Oct-96 ASPEN EQUIPMENT CO. ASPEN EQUIPf®rr CO. Total® Check Number 52496 ASPEN EQUIPMENT CO, Check Number 52497 BAYSIDE FLORAL 52497 24-Oct-96 BAYSIDE FLORAL Total® Check Number 52497 BAYSIDE FLORAL Check Number 52490 BUDGET PRINTING 52498 52498 24-Oct-96 24-Oct-96 BUDGET PRINTING BUDGET PRINTING Total® Check Number 52498 BUDGET PRINTING Check Number 52499 CARLSON EQUIPMENT 52499 24-Oct-96 CARLSON EQUIFME.NT Totals Check Number 52499 CARLSON EQUIPMENT Check Number 52500 CASKMA.N. MICHAEL 52'..00 24-Oct-96 CASHMAN, MICHAEL Totals Check Number 52500 CASHMAS, MICHAEL Check Number 52501 CDP IMAGING SYSTEMS Transaction Amount 67.30 67.30 Comments TOWABLE SMITH 52494 24-Oct-96 ALL STAR ELECTRIC 408.00 SEWER EQUIPMENT 52494 24-Oct-96 ALL STAR ELECTRIC 71.60 REPLACE LAMPS 52494 24-Oct-96 ALL STAR ELECTRIC 376.68 REPAIRS L.S. #19. 20 52494 24-Oct-96 ALL STAR ELECTRIC 2.234.00 ELEC WORK i C.B. PLAYGROU Total® Check Number 52494 ALL STAR ELECTRIC 3,090.28 Check Number 52495 ALL STEEL PRODUCTS CO INC. 197.03 197.03 12" BANDS 2.188.57 35.03 2.223.60 DUAL SPINNER SANDER MISC PARTS 38.34 38.34 FLOWERS FOR JRG 207.22 22.22 229.44 VIOLATION, COMPLAINT REPO COLOR COPIES 93.61 93.61 BLOCKTOP TOOLS 316.42 316.42 REFUND UTILITY CHARGES r THE •*, • PRECEDING DOCUMENT(S) VE BEEN REFILMED FOR LEGIBILITY t. 24 Oct 1996 Thu 11:56 AM Check Register City of Orono Page 1 Check Number Date Name Check Number 52493 524 93 A-1 RENTAL 24-Oct-96 A-1 RENTAL Totals Check Number 52493 A-1 RENTAL Check Number 52494 ALL STAR ELECTRIC Total* c^^zk Number 52495 ALL STEEL PRODUCTS CO INC Check Number 52496 ASPEN EQUIPMENT CO. 52496 52496 24-Oct-96 24-Oct-96 ASPEN EQUIPMENT CO. ASPEN EQUIPMENT CO, Totals Check Number 52496 ASPEN EQUIPMENT CO Check Number 52497 BAYSIDE FLORAL 52497 24-Oct-96 BAYSIDE FLORAL Totals Check Number 52497 BAYSIDE FLORAL Check Number 52498 BUDGET PRINTING 52498 52498 24-Oct-96 24-Oct-96 BUDGET PRINTING BUDGET PRINTING Totals Check Number 52498 BUDGET PRINTING Check Number 52499 CARLSON ECUIPME:T 52499 24-Oct-96 CARLSON EQUIPMENT Totals Check Number 52499 CARLSON EQUIPMENT Check Number 52500 CASHMAN, MICHAEL 52500 24-Oct-96 CASHMAN, MICHAEL Totals Check Number 52500 CASHMAi:, MICHAEL Check Number 52501 CDP IMAGING SYSTEMS Transaction Amount Comments 67.30 67.30 TCWA3LE SMITH 52494 24-Oct-96 ALL STAR ELECTRIC 408.00 SEWER EQUIPMENT 52494 24-Oct-96 ALL STAR ELECTRIC 71.60 REPLACE LAMPS 52494 24-Oct-96 ALL STAR ELECTRIC 376.68 REPAIRS L.S. ni9. 20 52494 24-Oct-96 ALL STAR ELECTRIC 2.234.00 ELEC WORK 6 C.B. PLAYGROU Totals Check Number 52494 ALL STAR ELECTRIC 3.090.28 Check Number 52495 ALL STEEL • PRODUCTS CO INC. 52495 24-Oct-96 ALL STEEL PRODUCTS CO INC.197.03 12- BANDS 197.03 2.188.57 35.03 2.223.60 38.34 38.34 207.22 22.22 229.44 93.61 93.61 316.42 316.42 DUAL SPINNER SANDER MISC PARTS FLOWERS FOR JRO VIOLATION, COMPLAINT REPO COLOR COPIES BLOCKTOP TOOLS REFUND UTILITY CHARGES 21 Oct 1996 Hon 2:56 PM Check Register City of Orono Check Number Date Name Check Number 52488 524 88 MN STATE RETIREMENT - 2EF CCMP 23-Oct-96 MN STATE RETIREMENT-DEF CCMP Totals Check Number 52488 MN STATE RETIREMENT-DEF COMP Check Number 52489 PEBSCC/OBRA 52489 23-Oct-96 PEBSCO/OBRA Totals Check Number 52489 PEBSCO/OBRA Check Number 52490 PEBSCO/US CONF OF MAYORS 52490 23-Oct-96 PEBSCO/US CCNF OF MAYORS Totals Cieck Number 52490 PEBSCO/US CONF OF MAYORS Check Number 52491 PERA 52491 52491 23-Oct-96 23-Oct-96 PERA PERA Totals Check Number 52491 PERA Check Number 52492 UNITED WAY 52492 23-Oct-96 UNITED KAY Totals Check Number 52492 UNITED WAY Orand Total Transact ion Amount 150.00 150.00 214.19 214.19 2,002.50 2,002.50 3.795.67 4,976.17 0,771.84 29.00 29.00 36,406.75 Page 2 Comments DEFERRED COMP W/H OBRA DEFERRED COMP W/H USCM DEFERRED COMP W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H ^ I t y I 1 d > 24 Oct 1996 Thu 11:56 AM Check Register City of Orono Check Number Date Name Check Number 52501 52501 CDP IMAGING SYSTEMS 24-Oct-96 CDP IMAGING SYSTEMS Totals Check Number 52501 CDP IMAGING SYSTEMS Check Number 52502 CHUNKS LAKESHORE AUTO 52502 52502 52502 24-Oct-96 24-Oct-96 24-Oct-96 CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO ChTJNKS LAKESHORE AUTO Totals Check Number 52502 CHUNKS LAKESHORE AUTO Check Number 52503 52503 CITY OF WAYZATA 9 24-Oct-96 CITY OF WAYZATA Totals Check Number 52503 CITY OF WAYZATA Check Number 52504 CON-MIX 52504 24-Oct-96 CON-MIX Totals Check Number 52504 CON-MIX Check Number 52505 CRYSTEEL 52505 24-Oct-96 CRYSTEEL Totals Check Number 52505 CRYSTEEL Check Number 52506 CYS UNIFORMS 52506 24-Oct-96 CYS UNIFORMS Totals Check Number 52506 CYS UNIFORMS Check Number 52507 DEMBOUSKI. JAY 52507 24-Oct-96 DEMBOUSKI. JAY Totals Check Number 52507 DEMBOUSKI. JAY Qieck Number 52500 DEPT OF PUBLIC SAFETY 52508 24-Oct-96 DEPT OF PUBLIC SAFETY Totals Check Number 52508 DEPT OF PUBLIC SAFETY Check Number 52509 EARL F. ATTOERSON k ASSOC. 52509 24-Oct-96 EARL F. ANDERSON k ASSOC, Totals Check Number 52509 EARL F. ANDERSON k ASSOC, Transaction Amount 189.88 109.80 85.50 210.99 779.26 1.075.75 5,369.60 5,369.60 545.24 545.24 18.29 10.29 176.80 176.00 31.63 31.63 510.00 510.00 77.50 77.50 Page 2 Comments OCT LEASE 11175 ELECTRICAL WORK #174 REPLACE MIRRORS #176 REPAIR STEERING 3RD QTR WATER CONSLWTION CRYSTAL BAY PARK SIDEWALK PANEL MOUNT PLATE SET TOMCHECK UNIFORM MEALS REIMBURSEMENT CONNECTION CHARGES SPEED LIMIT SIGNS I 24 Oct 1996 Thu 11:56 AM Check Register City of Orono Check Number Date Name Check Number 52510 52510 52510 ESS BROTHERS 6 SONS 24-Oct-96 ESS BROTHERS k SONS 24-Oct-96 ESS BROTHERS k SONS Total* Check ’.umber 52510 ESS BROTHERS k SONS Cher*. Number 52511 E/PRESS MESSENGER 52511 24-Oct-96 EXPRESS MESSENGER Totals Check Number 52511 KXPRESS MESSENGER Check Number 52514 GALL'S INC. 52514 52514 24-Oct-96 24-Oct-96 CKLL^S INC, GALL'S INC, Totals Check Number 52514 GALL'S INC. Check Number 52515 GANGELHOFF. DONNA 52515 24-Oct-96 GANGELKOFF, DONNA Totals Check Number 52515 GANGELKOFF. DONNA Check Number 52516 GARY'S DIESEL SERVICE INC. 52516 24-Oct-96 GARY'S DIESEL SERVICE INC. Totals Check Number 52516 GARY'S DIESEL SERVICE INC, ChecK Number 52517 GENERAL REPAIR SERVICE 525x. 24-Oct-96 GENERAL REPAIR SERVICE Totals Check Number 52517 GENERAL REPAIR SERVICE Transaction Amount 191.70 320.57 512.27 12.37 12.37 74.97 21.98 96.95 50.00 50.00 326.75 326.75 206.33 206.33 Page 3 Comments ADJUSTMENT RINGS-SCOTCH P ADJUSTMENT RINGS DELIVERY TO POPHAM HAIK Check Number 52513 52513 G k 24-Oct-96 K SERVICES G & K SERVICES 10.28 PATHBUN 52513 24-Oct-9€C k K SERVICES 73.10 STREET EMPLOYEES 52513 24-Oct-96 G k K SERVICES 4.73 STEFFENHAGEN 52513 24-Oct-96 G k K SERVICES 10.28 RATHB^JN 52513 24-Oct-96 O k K SERVICES 53.11 STREET EMPLOYEES 52513 24-Oct-96 G k K SERVICES 82.57 FLOOR MATS 52513 24-Oct-96 G k K SERVICES 4.73 STEFFENHAGEN 52513 24-Oct-96 G k K SERVICES 47.09 FLOOR MATS 52513 24-Oct-96 G k K SERVICES 58.34 FLOOR MATS 52513 24-Oct-96 G k K SERVICES 47.09 FLOOR MATS 52513 24-Oct-96 G k K SERVICES 10.28 RATIfflUN 52513 24-Oct-96 G k K SERVICES 72.43 STREET EMPLOYEES 52513 24-Oct-96 G k K SERVICES 4.73 STEFFENHAGEN Totals Check Number 52513 G k K SERVICES 478.76 REPLACDOm BULBS LAMP DEER PICKUP REPAIR 8425 KULER VALVE I 24 Oct 1996 Thu 11:56 AM Check Register City of Orono Check Number Date Name Check Number 52518 52518 52518 GOPHER STATE ONE-CALL INC. 24-Oct-96 GOPHER STATE ONE-CALL INC. 24-Oct-96 GOPHER STATE CNE-CALL INC. Totals Check Number 52518 GOPHER STATE ONE-CALL INC, Check Number 52519 HACH CHEMICAL CO. 52519 24-Oct-96 HACH CHEMICAL CO. Totals Check Number 52519 HACH CHEMICAL CO. Check Number 52520 HEALTHPARTNERS 52520 24-Oct-96 HEALTHPARTNERS Totals Check Number 52520 HEALTHPARTNERS Check Number 52521 HENNEPIN COUNTY TREASURER 52521 24-Oct-96 HENNEPIN COUrrrY TREASURER Totals Check Number 52521 HENNEPIN COUNTY TREASURER Check Number 52522 IMS/MN 52522 24-Oct-96 IMS/MN Totals Check Number 52522 IMS/MN Oieck Number 52523 J H LARSON ELECTRICAL CO. 52523 24-Oct-96 J H LARSON ELECTRICAL CO, Totals Check Number 52523 J H LARSON ELECTRICAL CO Check Number 52524 JIM HATCH SALES CO. 52524 24-Oct-96 JIM HATCH SALES CO, Totals Check Number 52524 JIM HATCH SALES CO. Check Number 52525 KELLER KENNEN ASSOC. 52525 24-Oct-96 KELLER KENl^ ASSOC. Totals Check Number 52525 KELLER KENITEN ASSOC, Check Number 52526 LAKE PRODUCTIVITY TRAINING 52526 24-Oct-96 LAKE PRODUCTIVITY TRAINING Totals Check Number 52526 LAKE PRODUCTIVITY TRAINING Transaction Amount 51.63 51.62 103.25 49.60 49.60 1,706.09 1,706.09 555.50 555.50 38.02 38.02 123.84 123.84 188.24 186.24 1,460.34 1,460.34 425.00 425.00 Page 4 Com.ments SEPTEMBER SERVICE SEPTEMBER SERVICE FILTER .V0VE.M3ER INSURANCE AUGUST ROOM k BOARD METER HALF TAPE LIGHT BULBS FOR PW GARAGF BARRICADE TAPE FALL NEWSLETTER PRIORITY MGMT PROGRAM 24 Oct 1996 Thu 11:56 AM Check Register City of Orono Check Number Date Name Check Number 52527 52527 LMCIT-BERKLEY ADMIN 24-Oct-96 LMCIT-BERKLEY ADMIN Totals Check Number 52527 LMCIT-PERKLEY ADMIN Check Number 52528 LOGIS 52526 24-Oct-96 LOGIS Totals Check Number 52528 LOGIS Check Number 52529 M.E.M.A. TREASURER 52529 52529 04-Mar-96 04-Mar-96 M.E.M.A. TREASURER M.E.M.A. TREASURER Totals Check Number 52529 M.E.M.A. TREASURER Check Number 52530 MAGIC CLEANERS 52530 24-Oct-96 MAGIC CLEANERS Totals Check Number 52530 MAGIC CLEANERS Check Number 52531 MEDICA CHOICE 52531 52531 52531 24-Oct-96 24-Oct-96 24-Oct-96 MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE Totals Check Number 52531 MEDICA CHOICE Check Number 52532 METRO WASTE CONTROL COMMISSION 52532 24-Oct-96 METRO WASTE CONTROL COWISSION Totals Check Nun^r 52532 METRO WASTE CONTROL COMMISSION Check Number 52533 MIDWEST ASPHALT 52533 24-Oct-96 MIDWEST ASPHALT Totals Check Number 52533 MIDWEST ASPHALT Check Number *•2534 MINNEAPOLIS OXYGEN COMPANY 52534 24-Oct-96 MINNEAPOLIS OXYGEN COMPANY Totals Check Number 52534 MINNEAPOLIS OXYGEN COMPANY Check Number 52535 MN BENEFIT ASSOCIATION 52535 24-Oct-96 KN BENEFIT ASSOCIATION Totals Check Number 52535 KN BEl.TFIT ASSOCIATION Transaction Amount 55.48 55.46 2.501.38 2.501.38 25.00 25.00 50.00 10.65 10.65 262.03 112.29 11.301.65 11.675.97 2.700.00 2.700.00 263.83 268.83 45.00 45.00 74.22 74.22 Page 5 Comments #11014547 TIERNEY CLAIM AUGUST DATA PROCESSING TOMCHECK-MEMBERSHIP CHESWICK-MEMBERSHIP BLANKET CLEANINGS NOVEMBER INSURANCE NOVEMBER INSURANCE NOVEMBER INSURANCE SAC CHARGES-SEPT HAND PATCH CYLINDER RENTAL NOVEMBER INSURANCE I 24 Oct 1996 Check Register Thu 11:56 AM City of Orono Check Transaction Number Date Name Amount Comments Check Number 52536 M:J state TREASURER 52536 24-Oct-96 KN STATE TREASURER 3.591.20 3RD OTR SURCHARGi Totals Check Number 52536 KN STATE TREASURER 3.591.20 Check Number 52537 NS? 52537 24-Oct-96 NSP 237.42 NSP COSTS 52537 24-Oct-96 NSP 408.51 NSP COSTS 52537 24-Oct-96 NSP 627.36 NSP COSTS 52537 24-Oct-96 NSP 131.34 HWY 12 & WILLOW Totals Check Number 52537 NSP 1.404.63 Check Number 52538 O'SULLIVANS AUTO REPAIR 52536 24-Oct-96 O'SULLIVANS AUTO REPAIR 85.14 REPAIR B&Z TRUCK 52538 24-Oct-S6 O'SULLIVANS AUTO REPAIR 11.77 MISC REPAIR Totals Check Humber 52538 O'SULLIVANS AUTO REPAIR 96.91 Page 6 Check Humber 52539 CFFICB DEPOT 52539 24-Oct-96 OFFICE DEPOT Totals Check Humber 52539 OFFICE DEPOT Check Number 52540 OMAN. LYLE Check Number 52541 52541 PERRY'S SANDBLASTING 24-Oct-96 PERRY'S SANDBLASTING Totals Check Number 52541 PERRY'S SANDBLASTING Check Number 52542 PERRYS TRUCK REPAIR 52542 52542 24-Oct-96 24-Oct-96 PERRYS TRUCK REPAIR PERRYS 'TRUCK REPAIR Totals Check Number 52542 PERRYS TRUCK REPAIR Check Number 52543 PIONEER 52543 24-Oct-96 PIONEER Totals Check Number 52543 PIONEER Check Number 52544 PRAIRIE OFFSET 52544 24-Oct-96 PRAIRIE OFFSET 299.23 299.23 52540 24-Oct-96 OMAN. LYLE 33.30 Totals Check Number 52540 OMAN. LYLE 33.30 637.97 637.97 23.63 295.50 319.13 105.00 105.00 MISC. SUPPLIES MILEAGE REIMS. REPAIR BOBCAT TRAILER HELD HITCH TO FRAME REPAIR BOBCAT TRAILER SAMPLE ELECTION BALLOT i 107.30 BLANK MESSAGE PADS 24 Oct 1996 Thu 11:56 AM Check Register City of Orono Check Number Date Name Check Number S2544 52544 PRAIRIE OFFSET 24-CV.-96 PRAIRIE OFFSET Totals Check Number 52544 PRAIRIE OFFSET Check Number 52545 PRYOR RESOURCES INC. «;S45 24-Oct-96 24-Oct-96 PRYOR RESOURCES INC PRYOR RESOURCES INC Totals »:heck Number 52545 PRYOR RESOURCES INC Check Number 52546 52546 REED VENDING 24-Oct-96 * REED VENDING Totals Check Number 52546 REED VENDING Check Number 52547 ROLF ERICKSON ENTERPRISES 52547 24-Oct-96 ROLF ERICKSON ENTERPRISES Totals Check Number 52547 ROLF ERICKSON ENTERPRISES Check Number 52548 SNYDER DRUG STORES 52548 24-Oct-96 SNYDER DRUG STORES Totals Check Number 52548 SNYDER DRUG STORES Check Number 52549 STAR TRIBUNE 52549 24-Oct-96 STAR TRIBUNE Totals Check Number 52549 STAR TRIBUNE Check Number 52550 STREICHERS 52550 52550 24-Oct-96 24-Oct-96 STREICHERS STREICHERS Totals Check Number 52550 STREICHERS Check Number 52551 TRl STATE PUMP 52551 24-Oct-96 TRI STATE PLT^P Totals Check Number 52551 TRI STATE PUMP Check Number 52552 ULTIMATE AWARDS 52552 24-Oct-96 UI.TIMATE AWARDS Totals Check Number 52552 ULTIMATE AWARDS Transaction Amount 288.^3 395.33 79.00 79.00 158.00 66.50 66.50 6,565.20 6,565.20 4.98 4.98 24.^ . 24.05 91.62 35.30 126.92 368.50 368.50 66.88 66.88 Page 7 Comments REGULAR EN\TLOPES VEE-MICROSOFT OFFICE HASEMAN-MICROSOFT OFFICE CAVDY FOR RESALE NOVEMBER SERVICE < FILM NEWSPAPER SUBSCRIPTION NAME TAGS LAMPS G.S. INSPECTIONS SHIRTS _ _i 24 Oct 1996 Check Register Thu 11:56 AM City of Orono Check Transaction Number Date Name Amount Comments Check Number 52553 US WEST COMMLTIICATIONS 52553 24-Oct-96 US WEST COMMUNICATIONS 223.94 US WEST COSTS 52553 24-Oct-96 US WEST COMMUNICATIONS 42.57 US WEST COSTS 52553 24-Oct-96 US WEST COMMUNICATIONS 67.36 US WEST COSTS 52553 24-Oct-96 US WEST COW^TJNICATICNS 697.26 US WEST COSTS Totals Check Number 52553 US WEST COW<UNICATICNS 1,031.13 Check Number 52554 VILLAGE CHEVROLET 52554 24-Oct-96 VILLAGE CHEVROLET 99.26 REPAIR 8426 52554 24-Oct-96 VILLAGE CHEVROLET 14.47 REPAIR 8428 52554 24-Oct-96 VILLAGE CHEMvCLET 119.10 8428 FL^L TANK Page 8 Totals aieck Number 52554 VILLAGE CHEVROLET Check NUflO>er 52555 HALDOR PUMP 52555 24-Oct-96 MALDOR PL^MF Totals Check CTumber 52555 WALDOR PL7<F Check Number 52556 WARNING LITES OF >CI 52556 24-Oct-96 WARNING LITES OF Mil Totals Check Number 52556 WARNING LITES OF MN Check Number 52557 WATERPRO 52557 24-Oct-96 WATERPRO Totals Check Number 52557 WATERPRO Oieck Number 52558 WEST PHOTO 52558 24-Oct-96 WEST PHOTO Totals Check Number 52558 WEST PHOTO Check Number 52559 YOCUM OIL CO INC. 52559 L4-Oct-96 YOCUM OIL CO INC. Totals Check Number 52559 YOCUM OIL CO INC. 232.83 403.63 408.63 95.85 95.85 734.60 734.60 43.77 43.77 196.80 196.80 REPAIR L.S. »5 BARRICADES WATER METERS FILM REM. BALANCE Grand Total 54.992.89 INFORMATION ITEMS COUNCIL MEETING OOUNeLMEElM OCT 2 ® 1W6 ¥\ * CfTYOFCmO OF •I HT mt m ^ A A k n tfi t TO; FROM: DATE: Mayor and City Council Ron Moorse, City Administrator October 7, 1996 SUBJECT: Saga Hill Park Access Alternatives There are three types of access that have been discussed in relation to the Saga Hill (9.5 acre tax forfeit parcel) park area. The three types of access are pedestrian park access, vehicular park access, and general access. A listing and evaluation of the access alternatives is included below. A number of the access alternatives involve the use of the currently unimproved Garden Lane right-of-way. The Garden Lane right-of-way is unique as an access alternative because it will be used for general access regardless of whether it is selected as a park access. The following is information regarding the Garden Lane right-of-way. Garden Lane Right-of-Wav The issue of vehicular park access is closely related to the issue of providing access to privately owned parcels that are contiguous to the platted Garden Lane right-of-way. The attached map shows that there are six undeveloped parcels that would use Garden Lane for access. At least three of these parcels (parcels 1, 2 and 3) do not have any other access alternatives. Without the Garden Lane right-of-way they would be land locked. Two parcels to the north (parcels 4 and 5) have the potential of access from the north but this would be very difficult and very expensive to achieve. The property owners would probably take the position that there is no other practical alternative to Garden Lane for access to the parcels. From a legal standpoint, the city can vacate unneeded right-of-way or relocate public right-of- way. However, the city can not vacate right-of-way if it would create land locked parcels (without compensation to the property owners). The southerly portion of Garden Lane could serve parcels 1 and 2 without affecting public park or open space or natural features. It could also serve as access to the public open space and park land area with minimal impact on the open space area. However, the middle segment of Garden Lane is contiguous to the public open space area on one side and contiguous to a large ravine on the other side. The northerly segment of Garden Lane cuts through the public open space area. If Garden Lane is to serve parcels 3, 4 and 5 the roadway would have an impact on the ravine and the public open space area. Based on discussions with real estate people involved with properties in the area, there may be some potential to eliminate the need to serve parcel #3 as a buildable lot. If this was to occur, it would be possible to relocate the Garden Lane right-of-way away from the ravine area but still enable it to serve the parcels #4, 5 and 6 to the north. One option for doing this would be to locate the right-of-way through the southern end of the open space area and then north along the eastern edge of the tax forfeit parcel. This would move the right-of-way out of the open space parcel, which is plauied to be a more natural area, and on to the tax forfeit parcel. SAGA HILL PARK AREA ACCESS OPTIONS The pedestrian park access options are as follows: lA. IB. IC. ID. Fair\'iew Church property The Valek property 1. current easement 2. relocated easement Garden Lane right-of-way to and through the recently purcliased open space area To and through the northern portion of the Sollner property (parcel #2) Vehicular park access options are as follows: IIA. Fairview Church property 1. church parking lot 2. access across church property Valek property Garden Lane right-of-way to the open space property Garden Lane right-of-way to and through the open space property Garden Lane right-of-way to and through the Sollner property IIB. UC. HD. HE. Vehicular general access options are as follows; IIIA. IIIB. me. HID. HIE. Valek property Garden Lane right-of-way to the southerly portion of the open space parcel and through the open space parcel to the tax forfeit parcel. This would require mitigating the loss of the open space property by providing additional park land to the DNR. Garden Lane right-of-way to and through the northerly portion of the Sollner parcel. This would require the acquisition of the northerly 50 feet of the Sollner parcel as public right-of-way for a potential future public roadway. Garden Lane right-of-way to Highview Lane right-of-way and west to the tax forfeit property Acquire an access through a current residential lot fronting on County Road 19. Evaluation of Access Potions. The following is an outline of the pros and cons of the alternatives for each of the three types of access to the 9.5 acre open space parcel. Sage Hill Park Access Alternatives Continued I.Pedestrian access A. Fairview Church 1 . Pros B.l. B.2. C. 2. a. ) Includes the ability to use the church parking lot for off-street parking b. ) Would be a natural entrance point for non-neighborhood people c. ) Utilizes a parcel currently used for open space and informal recreational activities. Cons a. ) Based on the church’s initial proposal this would not be a permanent easement. It would be of limited duration based on a number of factors. b. ) The church’s initial proposal would allow use of the right-of-way only by walkers. We would need to broaden this to include bikers and other types of users. The current easement on the Valek property 1 . Pros a. ) There is an existing alley right-of-way through die Valek propert>' to the open space property. b. ) The access to the park would be relatively short. Cons a. ) The Valek ’s have indicated their opposition to the use of the easement for access to the park. b. ) The current easement is very close to the Valek house and is currently on a main portion of the Valek driveway. c. ) There is no off-street parking close to this location. 2. A 20 foot wide easement on the western border of the Valek property 1. Pros a. ) The trail could be separated a substantial distance from adjacent homes. b. ) Would provide a short access to the park. 2. Cons a. ) The Valek ’s have indicated their opposition. This would probably require a condemnation process. b. ) There would not be off-street parking near this access point. Garden lane right-of-way to and through the recently acquired open space area 1 . Pros a.) Uses an existing right-of-way 2. Cons 1 Sage Hill Park Access Alternatives Continued a.) The Garden Lane right-of-way may be used as access to several private lots in the future. The pedestrian trail would have to be separated from the driveway/roadway. D. Garden Lane right-of-way to and through the Sollner property (parcel 2) 1. Pros a.) Uses existing right-of-way for most of its length. 2. Cons a.) Would require acquisition of an easement through the Sollner property. II. Vehicular park access A.l. Fairview Church - using the church parking lot (expanded ?) and a pedestrian access from the lot to the park. 1. Pros a. ) Does not affect existing residential property. b. ) Provides for off-street parking. c. ) Eliminates the need for what would be a secluded parking lot on the park property which can generate enforcement problems. 2. Cons a. ) Fairview Church has not indicated a willingness to expand the existing parking lot. b. ) The parking area would be a substantial distance from the park itself. A. 2. Fairview Church - vehicular access across the church property into the park. 1. Pros a.) Would enable the creation of an access that would not affect adjacent residential development or unique natural features. 2. Cons a. ) Fairview Church is in opposition to vehicular access. b. ) Would create a secluded parking area in the park. B. Vehicular access through the Valek property. 1. Pros a.) Requires a relatively short roadway into the park. 2. Cons a. ) Would require the construction of a parking area in the park. b. ) Would create a secluded parking area in the park. c. ) The Valeks are in opposition to this alternative. Sage HiU Park Access Alternatives Continued C.Garden Lane right-of-way to the recently purchased open space property. 1 . Pros a.) Uses existing right-of-way Cons a. ) Requires the construction of a parking lot b. ) Requires DNR approval of the parking lot to serve general park use. c. ) Would create a secluded parking area. 2. D. 2. Garden Lane right-of-way to the open space property and through the open space property to the park property (tax forfeit parcel). 1, Pros a. ) Uses existing right-of-way. b. ) Provides access to the tax forfeit park parcel. Cons a. ) Requires construction of a parking lot. b. ) Requires DNR approval of a driveway/roadway through the open space property to the tax forfeit park property. c. ) Could require mitigation of the use of the newly acquired open space property as called for in the DNR grant. This could be accomplished by vacating a northerly portion of the Garden Lane right-of-way. d. ) Would create a secluded parking lot. e. ) Would be a relatively long roadway. E.Garden Lane right-of-way to and through the Sollner property (parcel 2). 1. Pros a.) Uses existing right-of-way for most of its length. 2. Cons a.) Requires acquisition of an easement over a portion of parcel #2. in. Provision of potential future general vehicular access to the tax forfeit park parcel. A.Roadway easement through the Valek property. 1. Pros a. ) Distance to the tax forfeit park parcel is relatively short. b. ) An alley easement currently exists on the Valek property. Cons a. ) The Valeks are very much opposed to vehicular access through their property. b. ) The city code requires that a roadway right-of-way be 50 feet in width. The current alleyway is 10 feet wide. 2. I Sage Hill Park Access Alternatives Continued B. C. D. E. Garden Lane right-of-way to and through the southerly porti-1 of the newly acquired open space property. 1. Pros a.) Uses existing right-of-way. Cons a.) Would require mitigation of t ie loss of 50 feet of the recently acquired open space property for the road right-of-way as called for the DNR grant agreement. This could be accomplished by vacating a portion of Garden Lane right-of-way adjacent to the open space property to the north. 2. Garden Lane right-of-way to and through the northern portion of the Sollner property. This would require the acquisition of 50 feet of right-of-way from the northerly portion of the Sollner property. 1. Pros a. ) Uses existing right-of-way for the majority of the access required. b. ) Does not disturb the open space property. 2. Cons a.) May be difficult/expensive to acquire the 50 foot right-of-way from the Sollners. 2. Use of Garden Lane right-of-way to Highview right-of-way to the northern portion of the tax forfeit park parcel. 1. Pros a.) Uses existing right-of-way. Cons a. ) Requires a very long right-of-way to obtain access to the tax forfeit park parcel. b. ) Would require the construction of a roadway adjacent to the recently acquired open space property and through the open space property where the right-of-way splits the open space property to the north. c. ) The right-of-way and roadway would separate the open space property from the deep ravine to the southeast of the open space property. Access through a residential parcel from County Road 19. 1. Pros a.) Would be a relatively short access. 2. Cons a.) Most of the residential lots are relatively narrow along County Road 19. It would be difficult to put a roadway through those lots. Sage Hill Park Access Alternatives Continued b.) The more northerly lot is larger but also is on a septic system. *fCO Private Properties Needing V'ehicular Access Pctlcstrian Access Option^ Vehicular Park Access Options V'^1 ' I ( 'i ^ ehicular CiCneral Access Options -^4/a //// / Gray Freshwater Center Hwys. 15 & 19, Navarre Mail; 2500 Shadywood Road Excelsior. MN 55331-9578 Phone: (612) 471-0590 Fax; (612) 471-0682 Email: admin9mnwatershed.org Web Site; www.mnwatershed.org Board of Managers: John E. Thomas President Pamela G. Blixt Vice President Monica Gross Secretary Thomas W. LaBounty Treasurer C. Woodrow Love Thomas Maple. Jr. Malcolm Reid District Office; Eugene R. Gtrommen District Director Suzanne M. Weedman Asst. District Director PnntMonrfcydtdpiptreoatiifling Ninflebaha Creek Watershed District Improving Quality of Water, Quality of Life October 21, 1996 Mr. Tom O'Keefe -Minnesota Dept of Transportation Preliminary Design Engineer Metro Division 1500 County Road B2W Roseville, MN 55113 Dear Mr. O'Keefe: As you know, the proposed extension of l-394/upgrade of Highway 12 will occur in one of the more sensitive areas of our watershed and, accordingly, we have consistently expressed our concern to the affected cities as well as to MnDOT. The City of Long Lake recently shared with us the general parameters of an approach they labeled as "the 'new' alternative 6 corridor plan". Of particular interest to the Watershed District is the potential of treating most of the drainage in a subwatershed ponding facility which could be constructed in "Fleming Addition" This appears to be a very practical cost- justified approach to a pressing problem Any final decision of course will be reached only after substantial opportunity for all affected citizens to be heard and extensive deliberation by the several accountable governmental units However, I did not want to lose this opportunity to encourage both MnDOT and the City of Long Lake to continue on this enlightened effort to arrive at a solution which addresses all of the issues I am certain that this approach, if carried through to completion, will greatly simplify the Watershed District's review of your permit application.