Loading...
HomeMy WebLinkAbout11-12-1996 Council PacketAGENDA FOR COUNCIL MEETING SET FOR TUESDAY. NOVEMBER 12, 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 sign in sheet. ROLL CALL 1. CONSENT AGENDA S'r H.i- APPROVAL OF MINUTES ♦ 2. Regular Meeting of October 28, 1996 ♦ 3. Canvassing Board Meeting of November 6, 1996 Ciry C^ti'^^VARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS - Janice Berg Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT * 4. #2136 Greenfield Corporation, 180 North Shore Drive West - Final Subdivision - Resolution 5. #2176 Daniel S. Perkins, 55 Landmark Drive - Renewal of Annual Conditional Use Permit Resolution 6. #2179 Theresa Norsted, 2811 Casco Point Road - Amended Variances - Resolution 7. #2183 Charles Kramer, 2990 Somerset Lane - Conditional Use Permit - Resolution 8. #2184 Brian Carrington, 1920 Sixth Avenue North - Variance - Resolution MAYOR/COUNCIL REPORT ENGINEER REPORT 9. Feasibility Study and Scheduling a Public Hearing for the North Long Lake Sewer Project - Resolution CITY ADMINISTRATOR’S REPORT 10. Telecommunications Regulations i 1 Dental Insurance Plan 12. Livable Communities Act - Corrected Resolution CITY ATTORNEY’S REPORT (*13.)LICENSES (*14.)BILLS I AGENDA FOR COUNCIL MEETING SET FOR TtfESDAY. NOVEMBER 12, 1996, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, ^^INNESOTA UPCOMING ISSUES AND EVENTS 11/11 - HOLIDAY - Veterans’ Day 11/12 - Tuesday - Council meeting 7:00 p.m 11/18 - Planning Commission 7:00 p.m. 11/25 - Council meeting 7:00 p.m. li/28 - HOLIDAY - Thanksgiving Day 11/29 - HOLIDAY ill ~ TO: FROM: DATE: SUBJECT; Mayor and City Council Ron Moorse, City Administrator j November 7, 1996 ^Oi West Hennepin Recycling Commission Recognition of John Gerliardso^ Amelia Kroeger, the Coordinator of the West Hennepin Recycling Commission, has requested a few minutes on the November 12 Council agenda to recognize John Gerhardson for contributions to the West Hennepin Recycling Commission. John has been the city’s representative to the commission siiKe its inception. Public A ttendance Meeting D ate / \ C ouncil Planning C ommission Park Commission Other Please nix out the information REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1.r vC\>rN^ C r V c I'lSiU f,rk V (0 . O 3.6 ■h y ‘i' / 1*^ ;, ^.!A T LcJ- X-_.4. ( XfAJAAuAX (■';U 5.' J i 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. mmHA AGENDA FOR COUNCIL MEETING SET FOR TUESDAY. NOVEMBER 12, 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 sign in sheet. ROLL CALL 1. CONSENT AGENDA ST. N / -i- [+/ APPROVAL OF MINUTES ♦ 2. Regular Meeting of October 28, 1996 * 3. Canvassing Board Meeting of November 6, 1996 1^0], j 2 <T^l^^V a RK commission comments 1^0/^4/ PLANNING COMMISSION COMMENTS - Janice Berg Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT * 4. #2136 Greenfield Corporation, 180 North Shore Drive West - Final Subdivision - Resolution 5. #2176 Daniel S. Perkins, 55 Landmark Drive - Renewal of Annual Conditional Use Permit Resolution 6. #2179 Theresa Norsted, 2811 Casco Point Road - Amended Variances - Resolution 7. #2183 Charles Kramer, 2990 Somerset Lane - Conditional Use Permit - Resolution 8. #2184 Brian Carrington, 1920 Sixth Avenue North - Variance - Resolution MAYOR/COUNCIL REPORT ENGINEER REPORT 9. Feasibility Study and Scheduling a Public Hearing for the North Long Lake Sewer Project - Resolution CITY ADMINISTRATOR’S REPORT 10. Telecommunications Regulations 11. Dental Insurance Plan 12. Livable Communities Act - Corrected Resolution CITY ATTORNEY’S REPORT (*13.)LICENSES (*14.)BILLS AGENDA FOR COUNCIL MEETING SET FOR TUESDAY* NOVEMBER 12, 1996, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA UPCOMING ISSUES AND EVENTS 11/11 11/12 11/18 11/25 11/28 11/29 HOUDAY - Veterans’ Day Tuesday - Council meeting 7:00 p.m Planning Commission 7:00 p.m. Council meeting 7:00 p.m. HOLIDAY - Thanksgiving Day HOUDAY i t J ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 -7 e ROLL S> The Council met on the above mentioned date with the following 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, Public Works Director John Gcrhardson, City Engineer Glenn Cook, and City Clerk Dorothy Hallin. Mayor Callahan Called the meeting to order at 7:00 p.m. (#1.) Mayor Callahan presented a plaque to Steve Peterson former Planning Commission Chair recognizing his dedication to the Planning Commission from March 1992 to August 1996. Council Member Hurr left Council Chambers. (#3.) CONSENT AGENDA Items #9, 10, 12. and 14 were added to the Consent Agenda. Jabbour moved, Goetten seconded to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. Council Member Hurr returned to the Council Chambers. (#2.) PRELIMINARY LAYOUT COUNTY ROAD 6 RECONSTRUCTION - RESOLUTION ff37S3 Mayor Callahan stated representatives of Hennepin County were in attendance to review the preliminary layout for the reconstruction of County Road 6. Bruce Polaczyk introduced himself and Steve Theis stating the information presented at tonight’s meeting is based on information received from comments of residents at a previous meeting. The Council is to consider approving the changes by giving preliminary approval tonight and construction would be mid-summer ’97. Steve Theis identified the changes as reflected in what is now identified as preliminary layout 03: development of cul-de-sacs, and at the McCulley intersection. Our choice of the roadway was to make it less of impact on property. Callahan asked about the possibility of a bike trail. Theis stated this design fits the County plan for a bike path, calling this design bicycle friendly because of the 8 foot paved shoulders. This design is as narrow as possible. He stated he would need direction from the Council regarding including a separated bike path in the preliminary design. Callahan asked how much additional right-of-way is required for a separate bike path. Theis stated it would require an additional 12 feet or so depending upon the design. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 (#2. - Preliminary Layout County Road 6 Reconstruction Continued) However, the actual impact would be substantially greater because of additional grading The grading would affect an additional 14 foot wide area. Callahan noted a design change at the Hunt Farm Road and County Road 6 intersection. Callahan opened discussion to the public. James Carpenter, 4380 Si.xth Avenue North asked where the stop signs would be. Theis indicated there would be one stop sign from north bound McCulley Road to west bound County 6. Carpenter indicated there was a large amount of traffic using the roadway at the present time. He also indicated some drivers do not honor the stop sign at the present time and he was concerned about the speed on the road. Bob Pierce, 4720 Watertown Road stated the curve should be reduced. Theis stated the curve had been flattened. Pierce agreed with that change. Larry McCartney, 755 Hunt Farm. Road asked why the roadway was moved closer to the entrance to Hunt Farm Road instead of moving it to the south. Theis stated there was a corridor on the north side of the road that could be used with less impact on homesteads on both the north and the south side of the road. McCartney questioned why impact the north side. Theis stated using the Outlot on the north side has less impact than using people's front yards on the south side. At the last meeting he understood that to be the direction indicated. Dick Flint indicated the bike trail was brought up at the last meeting. Both the County and the City’s plans show a bike trail on this roadway. Using a suburban design, there is room for a path within the currently proposed R-O-W limits. Hurr asked how much room would there be between the shoulder of the road and bike path with an urban plan. Flint stated 8 feet from the curb to the edge of the bike path if you use the urban section. Flint stated you would have the driving lane first at 12 feet, then you have an 8’ shoulder, then you have a curb, then you have an 8’ area, then you have a bike path beyond that. A resident asked if the sight distance at Hunt Farm Road would be worse with this new layout. Theis indicated it would not be worse. A resident csked if there was any other way, such as putting in a four-way stop, of doing improvements to Six and making it compatible with what was done to the west. It seems people living along the road will have a hard time getting out on the road at the rush hour. All you are doing is speeding traffic up to get to the bottle neck. Is there any way of saying we can try a four-way stop or a stop and go light. i ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 19% (#2. - Preliminary Layout County Road 6 Reconstruction Continued) Callahan noted the Council has been looking at this for some time. The city is interested in diverting traffic from the west to Highway 12 as rapidly as possible. He indicated he is not sure we are going to be speeding up the traffic a great deal but we are encouraging people to take that curve. There are a number of places in Orono which have that problem. It has been the conclusion of the Council that a four-way stop sign at that intersection will not serve our purposes and that it will not serve the purposes of the County. Jabbour stated this has been going on since 1980 in the Comp Plan. He would like persons to be aware of this planning, and distributed copies of the Comp Plan to the audience. Callahan noted the City could not do this, it is a County project. A gentlemen, stating he arrived late, asked if any thought had been given to a bike or walking trail. Callahan stated yes and more would be stated during the meeting. If we want to have a bike trail we have to specifically ask the County to amend the plan to include a bike trail. The bike trail, depending upon the design, has some additional costs and also could have additional right-of-way requirements somewhere between 10’ and 15’. Sandy Larson, 4285 Sixth Avenue North stated the transportation plan emphasizes County Road 15 which makes it sound like traffic is to be directed to the north and not on County Road 15. Callahan stated the Council is also dealing with roadway improvements to County Road 15. A gentlemen asked about the traffic count on County Road 6 and what would be done to lessen noise. Theis stated that the County in the next couple of months will be talking to everyone adjacent to the roadway regarding the issues expressed. The Mayor closed public discussion. The Mayor noted the County will be talking to ever>'one along the road to determine any adjustments and refinements needed, and will bring back the final layout before the end of the year. Polaczyk indicated the Mayor was correct, stating they would also have a cooperative agreement for the Council to sign, which lays out the City’s and County responsibilities regarding maintenance and the city’s cost participation in the project. He stated that if an off-road bike trail is incorporated into the design there will be additional right-of-way needed that will impact the cost. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 (#2. - Preliminary Layout County Road 6 Reconstruction Continued) Hurr asked who pays for the additional cost of an urban section bike path. Polaczyk stated that would be shared 50/50 between the County and the city. Goetten asked about the safety of a bike path in an 8’ shoulder. Polaczyk stated it certainly is not as safe as an off-road trail, however, shoulder paths work well for bicyclists. Jabbour asked if the residents preferred a cul-de-sac or a loop road. They indicated a cul-de-sac. Callahan asked for a show of hands regarding the bike trail. There was a split preference of those in the audience. Callahan moved, Jabbour seconded to adopt Resolution #3783 approving the preliminary layout for County Road 6 as presented, and Council will discuss the bike trail at the joint Council/Planning/Park Commission work session Wednesday, October 30. Vote: Ayes 5, nays 0. Robert Hanning, 4220 Sixth Avenue North, questioned the Council regarding receiving Just compensation for property that is taken for the reconstruction. Theis stated he had a handout regarding compensation. Polaczyk stated the County hires an appraiser who places a value on the property to be acquired. The County right-of-way people will make an offer to the property owner based on the appraisal. If you take exception to that you can hire an appraiser, which you will be compensated for up to $500.00, but that compensation will not be given back to you until the final settlement is reached. If there is still no settlement then the property would go into condemnation and would be heard by a Condemnation Committee. The Committee would hear both sides and they would make a determination of the value. City Attorney Radio stated the District Court Judge appoints the 3 member Condemnation Committee. Generally the members are an attorney who is familiar with condemnation, a real estate appraiser and a real estate broker. Throughout the process there is very little for the city to do. The matter is between the property owner and the County. If you are not satisfied with the Condemnation Committee determination you can go to District Court for a jury trial. (*4.) APPROVAL OF MINUTES Jabbour moved, Goetten seconded to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. i r ■ ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 PARK COMMISSION COMMENTS Park Commissioner White stated the Antoine Park neighborhood group meetings have been very fruitful. The meetings have addressed upgrades to equipment and have given the Park Commission good comments. The Commission is also working on the park master plan. The summer intern has worked very well and the master plan is coming along nicely. PLANNING COMMISSION COMMENTS Planning Commissioner Hawn had no comments at this time. PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTRATOR’S REPORT ( 5.) #2128 ORONO HOCKEY BOOSTERS, INC., 1025 OLD CRYSTAL BAY ROAD NORTH - CONDITIONAL USE PERMIT/VARIANCES - RESOLUTION Mark Engebretson, Orono Ice Arena, Inc. and Victor P___architect were present. Mabusth stated the Orono Ice Arena Inc. was proposing an indoor ice arena 163 ’ by 251 ’ on a 4.4 acre parcel located in a 2 acre rural residential zoning. In March of ’96 the City amended the Conditional Use section of the zoning code under "Schools" to allow an indoor ice arena as long as it was located on the school property, the structure would meet the required 50’ setback from all lot lines, that the arena would not be divided from the school property by a road, and the facility would either be owned and operated by the school or by a non-profit organization. The applicant must also demonstrate the financial capability of funding at least 80% of the total project cost, this is included in your information. The three variances are not related to the new section of the code. The variances are: 1.) setback from Old Crystal Bay Road for the parking propo.>ed at 19.3 ’, 2.) parking stall variance at 91 stalls, and 3.) signage variance. Mabusth stated the applicant must protect the wetland areas found on property. If any changes are to be made they must first go to the Watershed District and the Corps of Engineers before coming to the city. The applicants have paid attention to the elevations in an attempt to keep noise from this facility from venting out onto the adjacent properties. If air conditioning is added at a later date the condenser will be located behind a masonry wall to minimize any noise. The only opening is a door that is only opened in cases of emergency on the west side. Callahan stated that items #13 and #15 are related issues to this application and should ORONO CITY COUNCIL MEFTING MINUTES FOR OCTOBER 28, 1996 ijf 5, #2128 Orono Hockey Boosters, Inc. - Continued) be considered and included with this application. Mabusth noted that the Met Council has approved the MUSA line Comp Plan amendment on October 24, 1996 and in the summer of ’96 a joint engineering study confirmed that there is existing downstream capacity to serve this facility. Moorse noted the maintenance of the storm water facilities is a requirement that the MCWD is placing on their pcimit. It calls for the city of Orono to monitor the stormwater ponding. Hurr noted if the MCWD does not have resources to monitor the maintenance of the ponding facilities why do they think the city has the resources? If we have to hire an engineer to monitor does the Hockey Association pay for that cost? Moorse stated that if this is the direction the MCWD is going ir relation to other types of development we would certainly want to look at that. Callahan stated he was distressed when a public body exerts its authority over another public body. If the Council decides to approve this, the Council si'.ould add to the resolution that because of the public nature of the arena this agreement is not a precedent to continue this requirement. Engebretson stated he had the maintenance agreement which calls for monitoring every six months by the Hockey Association. Hurr noted it says by the city. Engebretson noted the city will monitor their action and wants it to be as easy as possible. Hurr stated the Ice Arena organization will maintain it and give the reports that are due every six months to the city. Hurr stated there needs to be some kind of an agreement so we know what the city is responsible for the monitoring. How can we require the applicant, on their own, to maintain their pond? Callahan moved, Kelley seconded to direct staff to return the MCWD agreement regarding stormwater facility monitoring, with the understanding that the city approves the agreement with the MCWD in which the city will undertake inspection of the stormwater management facilities at the Ice Arena. But the Council’s action is not an acceptance of proposed policy regarding the MCWD’s authority over the city regarding this issue. Hurr requested the costs be borne by the applicant. Vote: Ayes 5, nays 0. Callahan stated the Comp Plan was to include this area in the MUSA line and also the hot spots. Hurr moved, Jabbour seconded to adopt Resolution #3791 Comprehensive Plan #6. Vote: Ayes 5, nays 0. Engeoretson stated the number of units needed by the ice arena will be determined by the Metropolitan Waste Control but he is anticipating the need of 10 to 12 units. £1 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 (Jt 5. #2128 Orono Hockey Boosters, Inc. - Continued) Hurr asked for the landscaping plan. Engebretson stated the landscaping plan has been revised to address the concerns of the Timms. They are working very hard on the landscaping plan, and will keep working that plan until the building looks as good as it can on that site. We have $40,000 in the budget for landscaping. They have had a lot of discussions with the neighbors to address their concerns. Dr. Mitch stated the school district has reviewed the Hockey Association plans and is in full approval. Mr. and Mrs. Timm, 2885 County Road 6, stated they are unhappy about the location of the facility stating this has a major impact on their property. Karen Zeeb stated she lived next to the Timms and felt left out of the project. She had a petition from all persons on Jamestown Road and at the Watershed District meeting they would not even listen to the neighbors’ concerns. Callahan requested Engebretson to explain the thought process of the building and site design. Engebretson stated the building is on the north and parking on the south because the school will use the parking. Preference was to shield the building from County Road 6. Kelley noted with parking on the south there will not be any parking on County Road 6. Fjigebretson noted the entrance door is on the south and the wetlands are protected with this layout. He also noted the school is paying for the parking area. The neighbors indicated they also had concerns regarding traffic. Mabusth stated the Timms and the Hockey Association were to work on an agreement regarding plantings. Engebretson stated they have not completed this at this point. Mabusth listed conditions to be voted on for the CUP. Parking lot and building lighting were addressed by the Architect. Council stated that the applicant and Timms should continue their talks and if not completed the Timms should contact the City. The applicant has tried to lessen the impact of this facility. Kelley moved, Goetten seconded to adopt Resolution #3784 approving Conditional Use Permit and Variances for Orono Hockey Boosters, Inc., 1025 Old Crystal Bay Road North. Vote: Ayes 5, nays 0. Callahan called a recess at 9:25 p.m. Council will reconvene at 9:40 p.m. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 (#6.) #2135 ALBEE ESTATE, 1575 LONG LAKE BOULEVARD - VARIANCE - RESOLUTION #3785 Applicants were present. Gaffron stated this item was tabled at Council 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. The estate advises they are in agreement with the provisions and conditions of the resolution and wish Council approval. Moved by Jabbour, seconded by Hurr to adopt Resolution #3785 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 5, nays 0. (#7.) #2159 JAMES AND JoANN JUNDT, 1400 BRACKETTS POINT ROAD - VARIANCE - RESOLUTION #3786 Mrs. Jundt was present. Gaffron stated the application is to restore two existing limestone rock stairways leading down the lakeshore bank east of the existing house. The stairways have been in place for many years, and restoration will include repair or replacement of deteriorated stonework and handrails. This will now give the property 4 access stairways on tn property with 600’ of shoreline. In addition applicants proposed to restore the underground grotto and its associated retaining wall. The grotto was originally an old pump house. The applicant has withdrawn the restoration of the existing boathouse. Callahan asked applicant if she was satisfied. Applicant indicated yes. Goetten stated this is a very unique case. Applicant indicated they are tiying to bring the property back to its original condition. Kelley indicated pictures indicate a large amount of vegetation in the stairway and applicant must understand amount of vegetation removal. Jabbour stated he disagreed with the Planning Commission regarding the 4 stairways for 600’ of lakeshore, it should depend on individual property. Goetten moved, Jabbour seconded, to adopt Resolution #3786 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 5, nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 Council moved to item #I I and #16 to accommodate applicants. These items appear in numerical order in the minutes. ( #8.) #2174 B-1, B-5, B-6 ZONING AMENDMENT - ORDINANCE - #152, 2ND SERIES Gaffron stated at the Planning Commission meeting of October 21, 1996 they 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 1 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. 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. 2. Callahan moved, Hurr seconded, to adopt Ordinance No. 152, 2nd Series, an ordinance amending Section 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 5, nays 0. (*#9) #2178 NATHALIE GRAY/ROBERT AND LORRAINE RODEN, 460 AND 480 ORCHARD PARK ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUT ION #3787 Jabbour moved, Goetten seconded to adopt Resolution #3787 for Nathalie Gray and Robert and Lorraine ii. Roden, 460/480 Orchard Park Road approving Subdivision of a Lot Line Rearrangement. Vote: Ayes 4, Nays 0. (*#10)#2181 JAMES NYSTROM, 1745 CONCORDIA STREET - RENEWAL VARIANCE - RESOLUTION #3788 Jabbour moved, Goetten seconded to adopt Resolution #3788 approving James Nystrom, 1745 Concordia Street renewal variance. Vote: Ayes 4, nays 0. (#11.) #2185 RICHARD AND MARY JO KOVACEVICH, 1580 BOHNS POINT ROAD - VARIANCE - RESOLUTION #3789 Applicant was present. Applicant seeks approval of a hardcover variance within the 75-250’ setback area to permit construction of a single story 20’ x 20’ living room addition at the northeast comer and lake side of the existing residence. Hardcover in the 75-250’ setback area is 27.18% and the improvement will not result in an increase in hardcover. r.' ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 (#11. - #2185 Richard and Mary Jo Kovacevich, 1580 Bohns Point Road - Continued) Hurr moved, Goetten seconded, to adopt Resolution #3789 approving a variance for Richard and Mary Jo Kovacevich, 1580 Bohns Point Road. Vote: Ayes 5, nays 0. (*#12.)#2185 JAMES PFLEIDER AND YVONNE COOK, 509/511 NORTH FERNDALE ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION #3790 Jabbour moved, Goetten seconded, to adopt Resolution #3790 approving the Subdivision of a Lot Line Rearrangement of Properties located at 509 and 5511 FenKlale Road. Vote: Ayes 4, nays 0. (#13.) COMPREHENSIVE PLAN AMENDMENT - FINAL APPROVAL - RESOLUTION #3791 Approved with Item #5. MAYOR/COUNCIL REPORT Jabbour stated he was glad to see John Gerhardson back. All Council members concurred. Callahan noted the Park Commission has a vacancy and Vice-Chair vacancy. Callahan directed staff to advertise the vacaijcy on the Park Commission and to contact recent applicants to determine their continued interest in the Park Commission. Callahan moved, Kelley seconded, to appoint Susan Wilson as Vice Chair to the Park Commission. Vote. Ayes 5, nays 0. Hurr requested that Bracketts Point Road discussion be included on the agenda for the 2nd meeting in November. Jabbour asked Moorse what was discussed at the Hennepin Park Big Island meeting regarding their properties. Moorse stated there are dilapidated cabins with non-working septic systems on the two smaller parcels. The zoning code adr esses each parcel separately in terms of potential uses. Moorse indicated Hennepin Parks plans to preseive the large natural area in its current state. They inquired about possible uses for two smaller parcels. • j ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 ENGINEER REPORT <*#14.)CHANGE ORDER #1 - OLD CRYSTAL BAY ROAD BIKE TRAIL Jabbour moved, Goetten seconded, to approve Change Order #1 for the Old Cr> stal 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 properly in the amount of $10,938. Vote: Ayes 4, nays 0. CITY ADMLMSTRATOR’S REPORT (#15.) AGREEMENT WITH ORONO ICE ARENA, INC. REGARDING INSPECTION AND MONITORING OF STORM WATER FACILITIES This item was discussed in conjunction with Item #5. (#16) 500 HANLON AVENUE - SEWER ASSESSMENT Moorse stated 2 parcels were involved. When the sewer project was assessed the owner at that time let the vacant parcel go tax forfeit after it was assessed for a 1/2 sewer unit. The current owner was not aware of this and would now like to purchase the vacant tax forfeit lot from Hennepin County and requests the Council to collect only the principal amount ($3,350). Hurr moved, Goetten seconded, to approve the collection of only the principal amount of the sewer assessment ($3,350) on I^t 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. Vote: Ayes 5, nays 0. (#17.) ESTABLISH DATE AND TIME FOR CANVASSING BOARD MEETING Goetten moved, Kelley seconded, to set the 1996 Canvassing Board meeting for November 6, 1996, at 4:00 p.m. in the Council Chambers. Vote: Ayes 5, nays 0. (#18.) TAX FORFEIT PROPERTY - RESOLUTIONS #3792 AND #3973 Moorse stated this involves 2 parcels. One is a driveway which staff is recommending to be released to adjacent propeny owners and the other is a parcel in Chevy Chase which the city should retain for drainage. Hurr moved, Kelley seconded, to adopt Resolution #3792 to release parcel 31-118-23 42 (XX)5 for sale to adjacent property owners. Vote: Ayes 5, nays 0. Hurr moved, Kelley seconded, to adopt Resolution #3973 requesting the acquisition of parcel 36-118-23-41-0043 for a public purpose particularly drainage and utilities. Vote: Ayes 5, nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 (/;fl9.) TAX FORFEIT PARCEL AT 215 TONKA AVENUE - RESOLUTION <?3794 Moorse slated this lax forfeit parcel does not meet the current zoning for the area but because there was a cabin on the property there was a sewer unit placed on this parcel. Staff is recommending this parcel be released for sale to adjacent property owners with the condition that it be combined with an existing lot. It has been the city ’s policy to waive the sewer assessment if the parcel is to be combined with an existing lot. Kelley moved, Jabbour seconded, to adopt Resolution #3794 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. Vote: Ayes 5, nays 0. (#20.) LONG LAKE FIRE SERVICE 1996 AMENDED BUDGET AND 1997-’99 FIRE SERVICE CONTRACT Moorse stated there are two issues relating to this item. One is an amendment to the 1996 budget from $92,175 to $97,985 and to approve the 1997 to 1999 Long Lake Fire service contract. Council members questioned the life expectancy of equipment, the definition of "staff development", budget allotment for development and training, and the possibility of firefighters enrollment in PERA. Kelley was concerned with a 35% increase in the retirement fund. Callahan moved, Kelley seconded, to approve the amended 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. Also to approve the 1997 to 1999 Long Lake fire service contract. Vote: Ayes 5, nays 0. (#21.) RENEWAL OF PARTICIPATION IN LIVABLE COMMUNITIES ACT - RESOLUTION #3795 Callahan moved, Ilurr seconded to adopt Resolution #3795 renewing the city ’s participation in the Metropolitan Livable Communities Act Local Housing Incentive Program for the calendar year 1997. Vote: Ayes 5, nays 0. (#22.) DISOLLUSION OF SUBURBAN ALLIANCE - RESOLUTION #3796 Callahan moved, Jabbour seconded, to adopt Resolution #3796 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. Vote: Ayes 5, nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 (♦#23.)HIRING OF TEMPORARY CSO Jabbour moved, Goetten seconded, to approve the hiring of David Goman as a temporary part-time Community Service Officer at a salary of $7.30 per hour effective October 21, 1996. The position is expected to last no longer than January 17, 1997. Vote: Ayes 4, nays 0. (*#24.)APPOINT ADDITIONAL ELECTION JUDGES FOR GENERAL ELECTION - RESOLUTION #3797 Jabbour moved, Goetten seconded, to approve Resolution No. 3797 appointing additional election judges for the November 5, 1996, General Election. Vote: Ayes 4, nays 0. (*#25.)1996 THIRD QUARTER REVENUE AND EXPENDITURE REPORT This was for Council information only - no action required. CITY ATTORNEY’S REPORT Radio stated the Otten case has been resolved within the parameters set by the Council. (*#26.)LICENSES Jabbour moved, Goetten seconded, to approve the following licenses: On-Sale Liquor and Sunday Jimmie’s Lounge Club Liquor and Sunday Club Liquor Off-Sale Liquor 3380 Shoreline Drive Wayzata Country Club 200 Wayzata Blvd Woodhill Country Club 200 Woodhill Road Navarre Liquors, Inc. 3421 Shoreline Drive Vote: Ayes 4, nays 0. (*#27)BILLS Jabbour moved, Goetten seconded, to approve payment of the All Funds Account. Vote: Ayes 4, nays 0. ADJOURNMENT Goetten moved, Hurr seconded, to adjourn the meeting at 10:45. Vote: Ayes 5, nays 0. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk -1^ MINUTES OF THE CANVASSING BOARD MEETDi(G, HELD NOVEMBER 6, 1996 AT 4:00 P.M. ROLL The Council met as the Canvassing Board on the above date and lime in the Orono Council Chambers. The following members were present: Acting Mayor Jabbour, Councilmembers Goetten and Kelley. Mayor Callahan and Councilmember Hurr were absent. The following represented city staff; City Clerk Hallin and Deputy Clerk Vee. Acting Mayor Jabbour called the meeting to order at 4:00 p.m. Council members were given results of the November 5, 1996 General Election, (copies attached) Councilmember Goetten moved. Acting Mayor Jabbour seconded to certify the results of the November 5, 1996 municipal election as follows: MAYOR - Two Year Term Gabriel Jabbour receiving 3,214 voles COUNCILMEMBERS - Elect Two for 4 Year Terms Charles Kelley Barbara Peterson William Dampier John Serena Richard N. Flint Write In Write In receiving receiving receiving receiving receiving receiving receiving 1,997 votes 1,858 votes 355 votes 606 votes 1,596 votes 25 votes 9 votes Vote: 3 Ayes, 0 nays. ADJOURNMENT It was moved by Goetten, seconded by Kelley to adjourn the Canvassing Board meeting at 4:15 p.m. Vote: 3 Ayes, 0 nays. Gabriel Jabbour, Acting Mayor ATTEST: Dorothy M. Hallin, City Clerk NOVEMBER 5, 1996 - GENERAL ELECTION CITY OFTICES MAYOR PCT 1 PCT 2 PCT 3 PCT 4 TOTAL Gabriel Jabbour 782 622 870 940 3214 Write In 55 30 41 114 240 COUNCILMEMBER Vote for Up To Two Charles Kelley 573 335 486 603 1997 Barbara Peterson 418 383 493 564 1858 William Dampier 54 108 95 98 355 John Serena 100 no 165 231 606 Richard N. Flint 401 254 433 508 1596 Write In 4 7 6 8 25 Write In 1 3 1 4 9 # OF VOTERS PCT 1 PCT 2 PCT 3 PCT 4 TOTAL (VOTERS RECEIPTS)935 804 1031 1201 3971 tt REGISTERED AT 7:00 A.M.1205 1,087 1406 1552 5250 if REGISTERED ON ELECTION DAY 92 119 128 159 498 it ABSENTEE BALLOTS 108 59 84 128 379 TOTAL NUMBER OF PERSONS VOTING (VOTER RECEIPTS PLUS ABSENTEE)1043 863 1115 1329 4350 % VOTER TURN OUT 80.4%71.6%72.7%77.7%75.7% NOVEMBER 5, 1996 - GENERAL ELECTION OFnCE PCT 1 PCT 2 PCT 3 PCT 4 TOTAL PRESIDENT Perot & Choate Dole & Kemp 4? P V 3 ^37 Clinton & Gore /r Hagelin & Tompkins O o C 6 6 Harris & Garza Halstead Z')o 0 0 Phillips & Knight f o 0 X 3 Browne & Jorgensen 1 /0 n 3 ;t / Peron & Troutt -jT X 0 Birrenbach & McMahon /o / White & Mazelis A o n Nader & Laduke f 7 «-// Write In X /a X 7 U.S. SENATOR Dean Barkley 9 6.107 333 Rudy Boschwitz U L ^V77 L 0 799 Paul D. Wellstone 2.^3 9'//n»‘Z Tim Davis c2.X V //. 1 ! Howard B. Hanson ¥/)¥> Steve Johnson 4)/__1__ • /3 Thomas A. Fiske 6 (p / / Roy Ezra Carlton X V 3 // 3 Write In // 0 NOVEMBER 5, 1996 - GENERAL ELECTION Continued U.S. RLPRESENTATrVTE DISTRICT 3 Jim Ramsiad Stanley J. Leino PCT 1 C-< /S ^ PCT 2 6 3 fix PCT 3 PCT 4 TOTAL 3 3c-/ 3- Write In 3 STATE SENATOR DISTRICT 34 Gen Olson Sdf Mara Holmsirom T./6 3/0 3LL Write In / STATE SENATOR DISTRICT 43 Ed Oliver 99/u '/ / Beverly K. Deutsch r' c David A. Exe ‘XO Write In / STATE REPRESENTATIVE DISTRICT 34B Todd Van Dellen 132 <9-Vo 12. Caroll Holmstrom 39^J 9 Write In /J STATE REPRESENTATIVE DISTRICT 43A Tom Workman S2\J' X-/ Bob Smithburg Write In NOVEMBER 5, 1996 - GENERAL ELECTION Continued CONSTITUTIONAL amendments PCT 1 PCT 2 PCT 3 PCT 4 TOTAL First - Authorize Bonus for Persian Gulf War Veterans Yes /Vi' No Yes No 310, Yes No Yes No i-cj Yes No n £>0 Second - Provide For Recall of Elected State Officials Yes No //U Yes 73? No Yes No /22 Yes //-3 No /.-r Yes 3 6 No V7 6» SUBURBAN REGIONAL PARK COM^^SSIONER DISTRICT 1 James Deane Xui'537 / ^ James M. White ¥3^^6 C t-70 ^ Write In 7 X 1 5- 1: CITY OFFICES MAYOR Gabriel Jabbour #J P-/^/ Write In ■So 4-7 //7 COUNCILMENffiER Vote for Up to Two Charles Kelley .^73 _335 / f 9 7 Barbara Peterson V/?‘/‘>3 ■SiH /S'5" S' William Dampier S^4 /o^9S John Serena }iro no J3 (^ ^ Richard N. Flint ic/ Write In 1 r Write In /3 /__y ? ■ NOVEMBER 5, 1996 - GENERAL ELECTION Continued SCHOOL DISTRICT 276 THREE YEAR TERxM Gail Scholl PCT 1 PCT2 PCT 3 PCT 4 TOTAL Ame L. Watland Write In SCHOOL DISTRICT 276 FIVE YEAR TERM Andrew J. Mitchell Robert W, "Bob" Quam Write In SCHOOL DISTRICT 284 THREE YEAR TERM Vote for Up to Two Michael D Leonard Janet J. Schutz Constance Doepke Greg Baufield Write In Write In / a /A «. ;c/ 6 O / o 0 f : ^ ✓ ✓ ' D 0 SCHOOL DISTRICT 284 FIVE YEAR TERM Karen Parks Write In /3 9 // -? NOVEMBER 5, 1996 - GENERAL ELECTION Continued OFFICE PCT 1 PCT 2 PCT 3 PCT 4 TOTAL ASSOCIATE JUSTICE 3 SUPREME COURT Paul H. Anderson 5/7 John Remington Graham 5 7-// 3<5 -3 Write In 3-n A o 9 ASSOCIATE JUSTICE 5 SUPREME COURT Roger A Peterson J/^3-7 ic /* ./^L//3fX~ Edward C. Stringer u r S'13 /f-2 V Write In 3 o 0*-<r^_^ / JUDGE 3 - 4TH DISTRICT COURT Pamela G. Alexander Xj X ^ Kevin J. Kolosky 'i *\ il :lU3 /d 93 Write In 1 6 3 •$: •r^u JUDGE 11 - 4TH DISTRICT COURT Willaim B. Christensen i o •r*/3 7_5 Mary E. Steenson H 10 's'<z /f/7 Write In X I X 3 JUDGE 21 - 4TH DISTRICT COURT Bruce Hartigan L/J>S 3‘^(‘S/U /76f Bradley C. Thorsen 3^ 3 -JJ3 SS9 U03 / V3 2- Write In 3 /5 X NO\TMBER 5, 1996 - GENERAL ELECTION Continued JUDGE 42 - 4TH DISTRICT COURT PCTl PCT 2 PCT 3 PCT 4 TOTAL 1 Charles A. Porter, Jr V/J*in Paul D. Tierney 3a Write In a. JUDGE 43 - 4TH DISTRICT COURT Bruce A. Peterson S'? 7 Ul9 /(.‘JV Janet Nordell Poston 3/i.'ll//Vb 2- Write In /////d JUDGE 46 - 4TH DISTRICT COURT Stephen C. Aldrich la f , ^ a //•r.'Ts' Stephen C. Rathke 5'3 V4?6 f Write In //7 0 JUDGE 53 - 4TH DISTRICT COURT Michael J. Fitzgerald J72 ioV HSO //^ 7^ Thomas W, Wexler a (3^13 / ¥9 7 Write In i i / L/ i ¥ JUDGE 1 - COURT OF APPEALS Edward Toussaint, Jr ns's Write In / 7 JUDGE 5 - COURT OF APPEALS Bruce D. Willis OS'3 7r ^ ? Write In u /1 /7 id . ■ ---------------------- -IL NOVEMBER 5, 1996 - GENERAL ELECTION Continued NOVEMBER 5, 1996 - CENTRAL ELECTION Continued JUDGE 9 - 4TH DISTRICT COURT PCT 1 PCT 2 PCT 3 PCT 4 TOTAL Philip D. Bush 6/f ')Q:1 A Write In s'P 7 JUDGE 12 - 4TH DISTRICT COURT Harry Seymour Crump < -j-x ^/?i nu-S Write In r S'f u JUDGE 13 - 4TH DISTRICT COURT Andrew W. Danielson ■r ■''■J w* * —•Vf3 (,>■1 7G(^ Write In f J jT ?9 S/ JUDGE 15 - DISTRICT COURT Tony N. Leung 6/3 S- ‘-ij z Write In 7 s V - V JUDGE 25 - 4TH DISTRICT COURT Robert A. Blaeser T 7 7 70 Write In j 0 W’r 7 a a JUDGE 31 - 4TH DISTRICT COURT Peter J. Lindberg J-7/Ij/S'7 ^</3S' Write In u/? JUDGE 32 - 4TH DISTRICT COURT 9 Robert H. Lynn av37 Write In n jT NOVEMBER 5, 1996 - GENERAL ELECTION Continued JUDGE 33 - 4TH DISTRICT COURT PCTl PCT2 per 3 PCT4 TOTAL Jack Nordby > ^ f Ten 7-V3 7 Write In ?y ^ 3 JUDGE 36 - 4TH DISTRICT COURT John L. Holahan Jr.U/o nu, 1 ^9X0 Write In f/#u y / JUDGE 37 - 4TH DISTRICT COURT Richard S. Scherer L’ /d Lc ! ^ Write In 1 ’ 0 4 6'^ 3 JUDGE 38 - 4TH DISTRICT COURT Beryl A. Nord — t • « •tp / 2 1^/:um:^o Write In /jT n :x4 JUDGE 41 - 4TH DISTRICT COURT Delila F. Pierce r73 ^UlU p.'/ J V Write In <J?S'9 JUDGE 47 - 4TH DISTRICT COURT Tanya M. Bransford bin ')Ui' Write In ?O <o u jx 4 JUDGE 51 - 4TH DISTRICT COURT Stephen D. Swanson 6//m-o Write In i 6 X3 NOVEMBER 5, 1996 - GENERAL ELECTION Continued JUDGE 52 - 4TH DISTRICT COURT PCT 1 PCT 2 PCT 3 PCT 4 TOTAL H Joan Ericksen Lancaster -T7/6/5"767 U:J0 Write In 6 r L P 3 JUDGE 56 - 4TH DISTRICT COURT Herbert P. Lefler Vc-o i0(>$ Write In JUDGE 57 - 4TH DISTRICT COURT Diana S. Eagon f.6^L>!n Write In 9 jT 3 / JUDGE 58 - 4TH DISTRICT COURT James T. Swenson IpO ^ Write In J)V ') » OF VOTERS (VOTERS RECEIPTS)935 /Ao/3^7 / i # REGISTERED AT 7:00 A.M. 1,205 1,087 1,406 1,552 5,250 ff REGISTERED ELECTION DAY in C/9S’ # ABSENTEE BALLOTS r??¥/Af 37 f TOTAL NUMBER OF PERSONS VOTING (VOTER RECEIPTS PLUS ABSENTEE)/6 i’^3 n /ZACf <-/3S'o % VOTER TURN OUT 1U 2 ')xni b o\j IS S 6 MAYOR WRITE-IN VOTES Name # of Votes Affeldt, Patty 3 Albertson, Bob 1 Anyone else 19 Bauender, King 1 Bennett, Robert 1 Callahan 1 Carlson, Ken 1 Carlson, Kenton 1 Casate, Andrew 1 Cashmore, John 1 Christenson, Ron 1 Cook, Jeff 1 Cuff, Karen 2 Dayton, Bruce 1 Douthit, Hazel 1 Fies, Nawal 1 Flint, Richard 2 Frommelt, Roger 1 Fudd, E.1 Funk, George 1 Garcia, Jerry 1 Garrett, Warren 1 Goldsmith, Ann 1 Gore, Tipper 1 Gothmann, Verna 2 Grabek, Jim 1 Mayor Write-In Votes continued Page 2 Graf, Jay 1 Hall, Robert 1 Hanson, Harold 1 Harstead, Jim 1 Henney, William 1 Holste, Dave 1 Howells, Bob 1• In, If Any 1 Jacobson. Karen 1 Jellison, Dave 2 Jenney, W. Clark 2 Jones, John 3 Karon, Geon 1 Kelley, Charles 4 Kieman, Rich 1 Kokal, Bruce 1 Kunz, Gregg 1 Lagieski, John J.1 Madden, Dave 1 Maron, Barry 1 Marti, Molly 1 McGovven, Pat 1 Mickey Mouse 2 Miller, Clinton A.2 Myself 1 No name 12 Mayor Write-In Votes continued Page 3 No!1 Nygard, Kendall 1 O’Malley, Phylis 1 Paige, Dana 1 Perot, Ross 1 Peterson, Barbara 106 Peterson, Marg.1 Pfeiffer, Kathi Jo 1 Printup, Gary 5 Pula, Mickey 1 Putnam, Gale 1 Raiche, Richard 1 Rauschendorfer, Sandra 1 Rick, Judy 1 Ritchie, Robert 1 Schmidt, Ed 1 Schmidt, Dick 1 Schmidt, Roberta 1 Schroeder, Charles 1 Serena, John 3 Shields, Michael 1 Sime, Bill 1 Smith 1 Stanley, Julie 1 Swanson, Roger 1 Swanson, Deborah 1 Mayor Write-In Votes continued Page 4 Timm, Charles 1 Valerios, Christine 1 Wanner, Tom 1 Waters, Todd 1 Westby, Gerald 1 Wharton, Edith 1 Wildman, RuS;S 1 Williams, Martha 1 Wolfe, Pat 1 Write in Any 1 Wyatt, Mike 1 Wysocki, Richard 1 Zimmerman, Jim 1 I Uou s: COUNCILMEMBER WRITE-IN VOTES Name U of Votes Casate, Andrew 1 Cook, Pam 1 Cook, Greg 1 Cornelius, Bill 1 Flies, Don 1 Frommelt, Roger 1 Geyen, Gene/1 Henney, William 1 Hurr, JoEllen 1 In, If Any 1 Jones, John 1 Kelley, C.1 Kieman, Rich 1 Kunz, Gregg 1 Kurt Greenly 1 Lagieski, John 1 Lewin, John 1 Lindquist, Dale 1 Lucas, Joseph 1 Lueck, Maria 1 Mack, Sean 1 No Name 2 Raiche, Richard 1 Timm, Charles 1 Walsh, Pat 1 Westby, Diane 1 Councilmember Write-In Votes continued Page 2 Westby, Gerald 1 Wier, Bill 1 Wyatt, Bill 1 Zappa, Frank 1 1 REQUEST FOR COUNCIL ACTION DATE: Novembe^lSHt^ ITEM NO.: Department Approval: Name Jeanne A. Mabusth Thie Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2136 Greenfield Corporation, 180 North Shore Drive West - Final Subdivision - Resolution List of Exhibits A - Preliminary Plat Resolution No. 3750 B - Final Plat Chadwick C - Final Plat Approval Resolution The applicant has completed the execution of a Developer's Agreement and posted a letter of credit to insure the septic system on Lot 6 is installed Spring of 1997, driveway accesses installed and existing drive to Lot 6 is removed. All required submittals and fees have been paid as set forth in the preliminary plat approval resolution. Exhibit A. Staff recommends approval of the final plat, ChadwicK, for the Greenfield Corporation subject to the findings and conditions set forth in the enclosed approval resolution drafted by staff. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed approval resolution. j A RESOLUTION APPROVING THE PLAT OF CHADWICK FILE NO. 2136 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a Class III Subdivision of a Six lot plat by the Greenfield Corporation, a Minnesota corporation, here inafter (the subdivider); and WHEREAS, the subdivision has been found to meet all standards of the RR-IB, Single Family Rural Residential Zoning District, finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including; 1. Completion of all the requirements of Resolution No. 3750. Dedication on the plat of right-of-way for a public drive shown as North Shore Drive West (County Road No. 19). 3. Dedication on the plat of drainage and utility easements. 4. Dedication on the plat of drainage easements over detention ponds. 5. Creation of a shared private driveway with backout apron shown on the plat as Outlot A. 6. Concurrent with the creation of this private driveway, the subdivider has created non­ exclusive ingress, egress easements over said outlot in favor of all abutting and/or benefitting lots including a declaration of certain maintenance covenants wherein Page 1 of 3 f i r —TT--T-»p-» - 7. 8 9. tach of the abutting and'or benefitting lot owners' covenants and agrees to permanently maintain and pay the cost of maintenance for said private driveway. Dedication to the City of a 10 foot bike trail drainage and utility easement adjacent to Bayside Road (Count)’ Road 84) and North Shore Drive West (County Road 19). Dedication to the City of a flowage and conservation easement providing for limitations on the use of wetlands and'or drainage w'ays described therein and shown on the plat as drainage easements. Subdivider has created covenants for protection of Types 1 and 2 wetlands located within property that are not classified as a designated wetland of the City of Orono. The covenants shall include site plans locating protected areas and advising future ow ners of need to contact Minnehaha Creek Watershed District and U.S. Corps of Engineers if land alterations are proposed within the protected areas before submitting plan to the City for review and possible permit. Covenants shall also include protective language for alternative septic sites along with site plans locating both primar> and alternate sites. Covenants shall include language advising future property owners of need to protect the sites on adjacent properties. 10. Payment to the City of a park dedication fee in the amount of $ 11,664.00. 11. Payment to the City for the legal review and filing of the plat, easements and covenants in the amount of $200.00. 12. The Minnehaha Creek Watershed District granted Permit No. Application 96-123 to the subdividers on July 25,1996 improving the storm water management plan for the construction of the drivew'ays and the platting of the six lots. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Chadwick, Hennepin County, Minnesota, subject to the following conditions: 1.Subdivider shall be responsible for dividing equally the share and ownership in driveway. Outlet A, between Lots 1,3 and 4 via transfer deed of lots upon sale. 2.Subdivider shall execute an agreement providing for the installation of a new primary septic system on Lot 6 and final driveway improvements. Agreement shall be Page 2 of 3 i IM 3. 4. 5. accompanied by a letter of credit written to 150% of the cost of the installation of the mound septic system and final upgrades of driveways. The subdi\ ision and accompanying documents cannot be filed until the City is in receipt of both agreement and letter of credit. Subdivider shall be responsible for fencing off all septic sites wthin the subdivision before any land alterations. Access to Lots 1,3 and 4 shall be via Outlot A, the private driveway. Access to Lot 2 shall be via an approved single curb cut at North Shore Drive West or County Road No. 19. Future owner or developer of site shall be responsible for obtaining a permit from Hennepin County Department of Transportation. Access to Lots 5 and 6 shall be via a shared drive along the side shared lot line at North Shore Drive West or County Road 19. Easements over access drive shall be created in favor of both lots. The aforesaid plat shall be filed by the City of Orono with cither the Hennepin County Recorder's Office or a Registrar of Titles' Office on or before May 12,1997 together with a certified original copy of this resolution and e.xecuted copies of the covenants and easements noted above. The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 12th day of November, 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 12th day of November, 1996 by Edward J. Callahan, Jr., and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 3 CITY of OROXO RESOLUTION OF THE CITY COUNCIL NO. 8 7 r. n A RESOLUTION GRANTING PRELIMINARY approval of a class III SUBDIVISION FOR PROPERTY LOCATED AT 180 NORTH SHORE DRIVE WEST -FILE NO. 2136 WHEREAS, Greenfield Corporation, a Minnesota corporation, (hereinafter the "subdivider") oh April 26, 1996, filed a formal subdivision application \%-ith the City for approval of a six lot residential plat of propertv- legally described as: The West half of the Northwest Quarter of the Northwest Quarter of Section 6, Tou-nship 117 North, Range 23 West of the 5th Principal Meridian, EXCEPT that part of the West 274.77 feet of said West Half of the Northwest Quarter of the Northwest Quarter which lies South of the North 580.00 feet of said West Half of the Northwest Quarter of the Northwest Quarter, and which lies North of the South 545.34 feet of said West Half of the Northwest Quarter of the Northwest Quarter, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on May 20, 1996, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meetings held on June 10, 1996, July 8, 1996 and July 22, 1996, the Orono City' Council considered the subdivision application of the subdivider noting the following findings of fact: 1. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of two acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 17.2 acres with 2.34 acres of designated wetland area. Page 1 of 8 GlTYof ORONO RESOLUTION OF THE CITV COUNCIL NO. 8 7 50 J. 4. 5. 8 The proposed plat consists of six residential lots each meeting the minimum lot standard requirements of the RR-IB, Single Family Rural Residential Zoning District. All lots have been found to have adequate and suitable soils for on-site septic treatment facilities pro\iding both a primary and alternate site for each of the six lots. Lots 1, 3 and 4 shall be served by a private driveway designated on the plat as Outlot A. Lot 2 shall be ser\'ed by an approved access at North Shore Drive or County Road 19. Lots 5 and 6 shall be served by an approved shared access at North Shore Drive or County Road 19. Outlot A shall be expanded to provid • a backout pad for emergency vehicles at the east or road entrance side of outlet. The City Engineer, in his report of May 13, 1996, approved the grading and drainage plan for the development of this property. Thomas D. Johnson, a Transportation Planning Engineer for the Hennepin County Department of Transportation, in his report of May 13, 1996, approved the three curb cut locations at the County roads. Orono's Community Management Plan, Rural Transportation Policy 7 entitled "Driveway Locations in Rural Street or Private Road Intersections will be Limited for Traffic Safety" states as follows; "Joint use of carefully located private roads will generally be preferred over direct access on to public highways from separate properties." The developer has provided the following unique findings and hardships to support the creation of three new curb cuts (one existing curb cut to be relocated) that shall serve all six residential lots. The Plaitning Commission has accepted the findings and hardships presented by developer. They are reviewed as follows: Page 2 of 8 A. B. C. D. E. F. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO, . 3750------- Location of wetlands. Sloping topography to south and east. Subdivider ’s responsibility to provide a future access road to serve property to east. Property is surrounded by 1,800' of County Road along the north and west sides. The existing access serving Lot 6 has been found to be unsafe and encroaches within property to the south. The new curb cut developed at the shared lot lines of Lots 5 and 6 has been approved by the County and meets the required sighting distance for a 50 mph speed zone. New curb cut to serve Lot 2 has been found to meet the sighting/safety standards for the 50 mph speed zone. G. The location of septic sites on Lots 1, 2, 3 and 4. H. Desire of subdivider to preserve views to the south and southeast for the obvious building sites on Lots 1, 2, 3 and 4. 10. Crono's Community Management Plan, Transportation Chapter, CMP 7-17 states as follows: ''PRIVATF. DRIVEWAY A driveway is a privately owned and privately maintained vehicle path between the street and private property. Private driveways shall be subject to access permits according to the classification of the abutting street. Private driveways will not be subject to any public easement or access right, but do require recorded private easements where driveways cross an intervening private lot between the residence served and the street. JURISDICTION: PROPERTY OWNER Page 3 of 8 CITY of ORONO RESOLUTION OJ THE CITY COUNCIL NO.7 50 MAXINRJM SERVICE:1 RESIDENCE T\TICAL; JOINT DRIVEWAYS ALLOWED WITH NLAXIMUM THREE RESIDENTS PER DRIVEWAY IN RURAL AREAS MORE USERS REQUIRE PRIVATE ROAD STANDARDS DRIVEWAY WIDTH;WILL BE REGULATED WHERE MORE TRAN ONE USER IS INVOLVED OR FOR PUBLIC SAFETY PURPOSES WHERE THERE IS EXCESSIVE LENGTH BETWEEN THE RESIDENCE AND THE PUBLIC ROAD* The Comprehensive Management Plan allows three residential lots i. be served by a private driveway. The Management Plan further states that a driveway serving more than one residential lot shall be regulated. The City Engineer shall be asked to provide design specifications for the private driveway within Outlot A. NOW, THEREFORE, BE IT RESOLV ED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary^ plat application of Greenfield Corporation per plat drawings by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc., dated May 3, 1996, most revised date July 12, 1996, subject to the following conditions; 1.Subdivider to grant a bike trail, drainage and utility easement 10 ’ wide adjacent to Bayside Road (County Road 84) and North Shore Drive West (County Road 19). ' 2.Subdivider to dedicate 17' of additional right-of-way for North Shore Drive W'est along the west boundaries of Lots 1 and 2. 3.Subdivider to execute private covenants defining responsibility for the upkeep and maintenance of private driveway, Outlot A, by Lots 1, 3 and 4 and covenants to also address owners of all six lots' responsibility for maintenance of drainage facilities \%ithin plat. Page 4 of 8 4 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 5 0 4. D. 6. 7. 8. 9. 10. 11. Subdivider shall be responsible for dividing equally the share in ownership in driveway Outlot A of Lots 1, 3 and 4 via transfer deed of lots upon sale. All septic sites within subdivision are to be fenced off prior to any land alterations. Subdivider to grant flowage and conservation easement over designated wetland within Lot 6. Subdivider to designate drainage easement at a minimum width of 15' over drainageway that extends westward from Outlot A to sediment pond in northwest comer of Lot 1. Diainage easements are to be taken over all sediment ponds and drainageways within plat. Subdivider to install driveway with backout pad within Outlot A. Plans for drive shall be reviewed and approved by City Eng ’neer. Subdiv-ider shall be responsible for installing a conforming septic system to serv'e existing residence on Lot 6 within 90 days of the date of preliminary plat approval (November 12, 1996) or prior to final plat approval, whichever occurs first. Subdivider is hereby advised that the City cannot grant final plat approval until a permit from the MC\\T) has been approved for all grading and drainage improvements on the property. Subdivider to create private covenants for protection of Types I and II wetlands located within property that are not classified as a designated wetland of the City of Orono. Such covenants to include site plans locating protected area and advising future owners of need to contact Minnehaha Creek Watershed District and the U. S. Corp of Engineers if land alterations are proposed before submitting plan to the City for review and possible permit. Covenants shall include protective language for alternate septic sites along with site plans locating both primary and alternative sites. Applicant to develop language alerting future property owners of need to protect sites on adjacent properties. Covenant shall also advise future owner of Lot 3 that no residential construction shall be allowed to south of primar>’ and alternate septic sites. Page 5 of 8 4 m CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^750____ 12. Subdi.:ici is hereby advised that preliminary subdivision approval will expire within one year of the date of Council approval, .August 12, 1997. Should the subdivider fail to complete the filing of the final plat application within the year deadline, it shall be necessary' for the subdivider to file a new preliminary' subdivision application with the City. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminaiy' sur\ ey by Mark S. Gronberg of Coffin and Gronberg, Inc. dated most revised date, July 12, 1996. B. Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot line. 10' drainage and utility easements adjacent to County roads to include trail easement in favor of City (refer to special easement form attached). C. Dedication of right-of-way for County Road 84 at 33' and 50' adjacent to west lot lines of Lots 1 and 2 and 33’ adjacent to the west lot lines of Lots 5 and 6 for County Road 19. D. Designation and dedication of drainage easements over detention ponds and drainageways as shown on preliminary' plat. E. Designation and dedication of drainage easement over the designated wetlands located within Lot 6. F. Designation of Outlot A to ser\e as a private driveway. Outlot A at a 30' width is a private driveway that will serv'e Lots 1, 3 and 4. G. The naming of plat. Page 6 of 8 tj«tj rtlTATO rtinHi rtiititi •JiMfKlilt MfWtVsltlt [•MSCtTftlil ^KliTtl rtHart] rtW4ifsl rom [•Kit rtW4ti uiMiVsIllt rtmirt] [fBiItl LUWcflM t1 hlf »lir« rtacti rtiwrt [txiwslt rtiurt ClTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ® 7 5 0 9.Fees to be paid: Total due: S400.00 A. Final plat fee = S200.00 B.Legal review and filing fees for subdivision and associated documents S2^'" 00 *Park dedication fee shall be determined as scon as City Assessor has placed a fair market value on the unde\eloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor's report has been filed with City. Park dedication fee shall be based on 8% of the fair market value of land within Lots 1 through 5. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 12th day of August, 1996. j ' L ‘ ' / Edward J. Callafian, Jr., Mayor t: STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of August, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minm >ota municipal corporation and said instrument was executed on behalf of the City'. /.y . • -A t-INOA S. VEE w tJOW.qy PUBUC-M1N.NES0TA H ^ COUNTY W Ji" 31,20C0 fi /. Notary Public Page 8 of 8 ^OV i ••nrQ ^996 REQUEST FOR COUNCIL ACTION DATE: November 6, 19% ITEM NO.: Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: ##2176 Daniel S. Perkins, 55 Landmark Drive - Annual Renewal Conditional Permit /Variance - Resolution Zoning District: RR-IA, 5 acre minimum, dr>- buildable land. Total area of property = 10.4 acres (7.2 dry and 3.2 wet). In January of 1995 Council granted a conditional use permit and variance to permit applicant ’s contractor to excavate approximately 200 cubic yards of peat material from a designated wetland located within applicant's homestead property. Applicant had originally presented a comprehensive plan for the removal of approximately 2,000 cubic yards of peat to be removed over a ten year period of time. Council refused to grant a conditional use permit for a ten year period and advised applicant to file an annual renewal conditional use permit. Applicant has filed the first renewal conditional use permit/variance application to allow the mining of 200 cubic yards of peat for the 1996/97 winter season. The following ordinances are pertinent for this review; 1.Section 10.03, Subd. 19 - Conditional use permit required as land alterations involve more than the movement of 100 cubic yards of material. Applicant proposes the excavation of 200 cubic yards of peat during the 1996/1997 winter sf-ason. 2.Section 10.55, Subo 8 - Variance is required as dredging is proposed within a designated wetland where such .ilterations are prohibited by code. List of Exhibits A - Application A 1-Applicant's Addendum from 1994 Review B - Plat Map C - Property Owners List D - Plan for Land Alteration/Winter of 1996/1997 E - Planning Commission Minutes 11/21/94 F - Council Minutes 12/12/94 G - Resolution #3512 - Approval of CUP'Variances 1/9/95 H - Access to Site of Excavation I - Gustafson Letter 11/15/94 J - MCWD Letter 10/14/94 K - B. Wopat, Dept, of Army Letter, 10/14/94 L - Cross Section of Ponds M - Construction Plan N - Perkin's Letter 10/11/96 4!i Request for Council Action continued page 2 of 3 November 6, 19% Zoning File #2176 ___________ Review of Renewal Application Per directives set forth in approval resolution of 1995, Exhibit G. applicant has filed the required annual renewal permit for the mining of 200 cubic yards of peat within the designated wetland on his property. Refer to Exhibits D, L and M, in 1994/95 winter season applicant excavated approximately 200 cubic yards of peat from the southern pond located adjacent to applicant’s driveway. Applicant’s contractor did not mine peat within the 1995/% winter season. The current permit will complete the southern pond at approximately 5,000 s.f. in area. The larger pond located to the northwest is proposed at approximately 25,000 s f. 3.2 acres of wetland within applicant’s property is part of a contiguous wetland system consisting of 150 acres. The wetland is not a DNR protected wetland. Both the DNR and Watershed District will not require permits and the proposed scope of the excavation will tall under the Army Corps of Engineers Nation-wide Pennit (Refer to Exhibits J and K). Loren Butterfield, applicant’s contractor, has been mining peat within another part of this wetland for over thiny years and received approval of a conditional use permit application in 1989 for the mining of 300 cubic yards of peat each year within his own property. Butterfield, a landscape contractor, now estimates that his business w ould use approximately 200 cubic yards of peat each season Refer to Exhibit H, Butterfield ’s property abuts the subject property at the northwest comer. Access to the site wili be achieved via this corridor and not Bayside and Landmark Drive. All spoils will be stored in the upland areas on Butterfield ’s property for use during the spring and summer of 1997 as peat loses its physical value if not used within a short period of time. Staff report no problems with the first year’s excavation in the 1994/95 winter season. The City Engineer recommends that the same guidelines be followed as required in his report of 1994, Exhibit I. Since the original review, the wetland still remains an unprotected wetland by the DNR. The Watershed District will not require a permit and the Corps of Engineers would permit the excavation under a nation-w ide permit as in the earlier re' tcw. Refer to Exhibit N, applicant has asked the City to consider a five year conditional use permit as opposed to the armual conditional use permit acquired by City in 1994 approval. Applicant informed the Planning Commission that Mr. Butterfield only mines peat every other year on his property and asked for reconsideration on the duration of permit. Planning Commission ’s recommendation only dealt with an annual permit. Several members felt the question would be best addressed by Council. If mining only occurs every other year, it is doubtful whether a five year permit would be any more beneficial than an annual permit obtained every other year when mining is to take place. Members who visited the site of the earlier excavation noted that banks were not sloped to allow for the restoration of wetland vegetation. Members advised the applicant to have Mr. Butterfield reslope side banks with the current conditional use permit since the removal of 200 cubic yards will complete the southern open water pond area. Request for Council Action continued page 3 of 3 November 6, 19% Zoning File #2176 _________ Planning Commission Recommendation The Planning Commission unanimcRisly sq)proved the conditional use permit/variance application for Daniel Perkins for the property located at 55 Landmark Drive, subject to the findings and conditions set forth in the original resolution granting approval of the application noting that their recommendation invob^ed approval of an annual permit for the mining of peat for the 19%-97 winter season. The resolution has been drafted to include the grading of the banks of the open water area of the southern pond to encourage regro^^th of wetland vegetation and provide suitable habitat for wildlife. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution 1 41 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 2176 WHEREAS, Daniel S. Perkins (hereinafter "the applicant") is the owner of the property located at 55 Landmark Drive within the City of Orono (hereinafter "City") and legally described as follows; Lot 1, Block 2, Bayside Unding. Herjtepin County, Minnesota (hereinafter the "property"); and WHEREAS, per Municipal Zoning Code Section 10.03, Subdivision 19 the applicant has made application to the City of Orono to permit the removal of 200 cubic yards of peat from a 3.2 acre protected wetland within the property. Per Section 10.55, Subdivision 8, the applicant has filed a variance application as the code does not permit land alterations within a protected we land. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. 2. 3. FINDINGS This application was reviewed as Zoning File ^2176. The property is located m die RR-IA, Single F....iily Rural Residential Zoning District requiring five acres of area. Two acres of which must be contiguous. The property consists of a total of 10.4 acres, 7.2 acres of dry and 3.2 acres of wet. The Orono Planning Commission reviewed this application on October 21, 1996 and recommended approval of the proposed variance and conditional use permit based on the following findings and hardships: Pag<^ 1 of 5 A. The excavation of 200 cubic yards of peat from the wetland w»d have a negligible affect on the 150 acre wetland. B. The excavation of open water areas will enhance w ildlife habitat. C. Portions of this wetland have already been excavated for the purposes of retrieving peat for the past thirty years without any negative impact on the wetland or the existing wildlife habitat. 4. 5. D. The excavation of ponding areas will improve water storage and provide a sediment trap. E. The regrading of banks adjacent to the open water areas will encourage more beneficial wetland/aquatic vegetation. 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 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 ipplicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional use permit to allow the annual mining of 200 cubic yards of peat from the wetland during the winter months of 1996/1997 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 properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in kecking with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 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 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 to permit the excavation of 200 cubic yards of peat within a protectd wetland of the City. The current conditional use permit is issued for the winter only months commencing December 1996 through March 21, 1997 and shall be limited to 200 cubic yards. Approval of this conditional use permit is subject to the following conditions: 1. 2. 3. 4. 5. The City has reviewed a comprehensive land alteration project involving the creation of two open water areas within a designated wetland on the property to be completed at a ftmire date. The applicant shall file an annual conditional use permit for the removal of 200 cubic yards and shall be charged the fee for a renewal conditional use permit as set forth in the City ’s fee schedule for the current year. The City shall also waive the requirement that applicant file for a land alteration permit upon Council’s approval of the annual conditional use permit. The City has approved access to the site for construction vehicles and equipment to be at the northwest comer of the property. If access is to be achieved via Landmark Drive, the City must be advised so that applicant can provide suitable notice to all land owners served by Landmark Drive. Applicant’s current permit involves tne final excavation of the smaller 5,000 s.f. open water area within the wetland. Applicant’s contractor shall complete final approved grades of the banks at 5:1 and 8:1 slopes. Authorities i^ranted by this resolution run with the property not with the applicant, but are pem.issive only. Violation of or non-compliance with any of the terms and conditions of this resolution shall constinite a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 j 6.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 12th day of November, 1996. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 12th day of November, 1996, by Edward J. Callahan. Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this dav of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 TT •. - Application # J. ^‘7(c Date Received 9- i 9C- Amount Paid ^/ cm OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address ^Of>'d CACNt) -S'3^4; Type of Application to be Filed <1oaj P/77c:iM,iK-» P£3Q,i»> • ?ropert>’ Identification Number (P.I.P.H^ Oto I) 7 " 2. \ 7^- OO/Q APPLICANT! Name i J Ar^ 1 Address Phone (home) _ Phone (work) <^73 C/Aro?)City O P-CNtj______Zip_^5251^:5I£2_ OWNER (if different than applicant) Name ^ /It'O __ Phone (home) Phone (work) Address City Zip. Date PrpgwtSsAcquired_____^ ^B> 1*^^ ^_______________ I (do) ndo not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - ______$ 75.00 For each variance request with CUP application ______SI75.00 Residential Accessory Use ______S250.00 institutional (church, school, etc.) ______S225.00 Guest House.^Guest Apartments ______S200.00 Duplex Credit/Lldg ______S300.00 Commercial/Industrial Use ______S250.00 Land Alteration _____ Grading and filling - designated wetland or floodplain _____ Grading and filling - 101 cu. yd. or more _____ Grading, seawall, retaining walls within 75' of lakeshore (month/year) X PRD/PID - sec Fee Schedule SI50.00 Renewal Fee (no change from oiiginal application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ______S250.00 Commercial Site Plan Review (+ consultant fees) ______$300.00 Vacation ______S200.00 Easement Vacation ______SI00.00 Easement Vacation With Subdivision ______S350.00 Rezoning (PUD - refer to fee schedule) ______S350.00 Comprehensive Plan Amendment ______SI00.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPEI^Y a Present Zoning District ^ .1-* " n Present Use of Propert>' V Residential Other (specify) J. 4. REQUIRED SUBMITTALS 1. Completed Application Form. Describe request in detail •f»^50>L<r77DA) ^ 3^/ Certified Property Owners List of ouTiers within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the properU'. This would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. D. 6. 7. 8. 9. VOU ARE REQUIRED TO SLTPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (IL X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: ____________Date__________________ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date OWNER S SIGNATURE Hie owner hereby acknowledges and agrees to this application and further authorized reasonable entry' onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investig^n and^^fication of this request. Owner's signature ------Date- Applicant must have all subminals into the Cilf 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 unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. L. PERKINS ■ CAPITAL MANAGEMENT, inc.I October 21, 1994 .1y Vrr • ' s,' • ■ • ■ 4 *r r ’ *4 i i- \• ^ City of Orono 2750 Kelley Parkway Orono, MN 55356 Dear City Planning Commission; I am filing an application to allow my neighbor, Loren Butterfield, to excavate peat on my property. My objective is to have two ponds on my property at 55 Landmark Drive. Loren has dug peat bn his property, which adjoins mine, for a number of years under permit through the city. He is approved to do this; on his property, on an ongoing basis. I would simply like to allow him to do the same on my property over the next ten years. I have received letters of approval from the DNR and the Army Corp of Engineers. I have also received an oral approval from Andy Severson at the Minnetonka Watershed district. He assured me a written approval would be coming soon. I have inspected Loren's property, where he has dug in the past and he does an excellent job. He uses the peat that he digs in his greenhouse operation on Watertown Road. He has several ponds that are a haven for wildlife, waterfowl in particular. This is the objective for my own iand. Currently, the land is a peat bog with very little open water. Open ponds would enhance the land both for wildlife and aesthetically. Enclosed is my completed application form, a copy o^’ rny certified survey (which shows the location of the proposed ponds), a certified 350 foot property owners list and a topographic survey plus construction plan, both of which I completed for the project. I have not included grading and drainage plans since there will be no grading involved and the drainage will remain the same. Also, hardcover calculations do not seem to apply to this project. It is my feeling that this is a relatively simple Homeowner land improvement project that I am proposing. I hope that it can be approved by the city with minimal effort. Sincerely, Daniel S. Perkins enclosure DSPibvh 730 EAST LAKE STREET WAYZATA. .MN 55391-1769 TELEPHONE (612) 473-8367 TELECOPIER (612) 473^702 INVESTMENT MANAGEMENT mm 0*rf MIMI0XN ctumvf Mo*f«rv in tou tiwi svsrtH•ATC1I MS POOP POOP OW«P MAMt TA)9ArtP NP»«/POOII •MS } • // EM UST ■ipvir MO. •PM PIPS!a so OS-ll7-« fl osroo tprsiot PH III infnnipy S700 OPVSXOf LONG LPPl so OS-117.xs tl MOP oooso pooofss iMPSsn STATf OP ni»OI srprt OP wftM lOMH LUCI LIMI nuui SSSS4 so ff-tiT-n II MU 0S7M OPVSIM M J 0 MAU9 • J I MPUS JAMS 0 n jom I MAus iroo OATSXM PO Lonb lAPi m SSSSP / PPOP AOOP OM«P MAMI TAXPAtfA NA#«/AOOP SO os-iir-ts tl MiP OOOSO lAMMAOP OP JAMS • PATPXCIA TOM JAMS I PATPlCXA TOM lAP MAOOM la tONO UMf m BSSSA *0 es-ll7-ts tl Mto 0S7M SAVSXM M JOHN • MAPT JAM OUPOfP CMISrtm I 6APV VALIPIUO S7S0 OAVStOf PO L0N6 laai *m ISSM so OS-117-tl tl Mtl OMM LAMMAPR OP JAMS i PATPXCIA rOM JAMS A PATPICXA TOM lAP MjOOM la LOM UMf m SSSS4 PPOP AOOP 0>MP NAM TAXPATIP MAM/AMP SO OS-llT-tS tt OMl OOOSO AMPCSS IKAtSXBMIt stati op nitoi state op MZMI I OMl I LUCE LIM TRAIL I SO OS-llT-tS tt 0004 OOOSO AOOOtSS IMSSIC mCMAEL 0 PXLOOAMT NXCMAEL EttOflANDT |PAO OATSIOf PO maple plaim m ssssp so OS-117-tS tt 0M7 OSPPO oaysxm m MXCMAEL 0 PXLOOANOr HICMAEL PXLMANOr SPAO OAVStOf M MAPLE PLAXM m SfSSP PPOP AOOP 9MP MAM TAXPAVEP MAMS/AOOO SO Of-117-tS tt MIO OMSt LAMMAPR oo 0 S PfPRIMS • P N PCPPXM OANIEL S • PATPXCt N PtWlNS SS LAMMAM M M SSISO SO OS-117-tS tt Mil M17S LAMMAPX M L C NAPPfM i J N HAPPEN lEE C • JUiXt M NARPCM ITS LAMMAPR or LOM LAPf m SfSSA SO 0S-I17-IS tt MLS 00040 AOOPfSS IPNISSXOMO 0 S PfPPXNS • P H PfPRXNS OAMtEl S • PATPICI N PIPPINS SS LAMNPRR OP A m SSSS4 V-' . J V.. - •• PPOP AOOP OMIP MAM taxpavia MAM/AOOO SO OS-117-tS tt MU MIOS LAMMPOR OP P P • R A.PVLI PXCHAPO P A PATMUIN A PYLl llAO rOMAMA M LONO LAPI fOI SSSSO SP 0S-ll7-tS ts MSA OOOSO AOOPfSS UMASSI9M0 LANOMAPP OP MOMOMiPS ASSOC LANOMAPP OP MCMOMEPS ASSOC C/O LEI C HAPPEN ITS LANOMAPP M LONB LAPE m SSSSO SO OS-117-tS ts MST MtSS LAMOMAPR 00 ' MAPP L A PAPINA S CASfT MPP L A KAPfNA S CASCt OStO EMHAMTtO M MOM m SSS04 SJU.* ^« *#1 CMfP MPM TAKPATIP MiMK/AOM SO OS-117-tS U OIM OOOSO AOOPfSS MSSlf OfMfVA • Si Of-117-tS to titi 01770 OAVStOC PO A m-ms. StSM. ^ A ■ NfP— SO Of-117-tS U OlOf OOOSO AOOOtSS iMASStI SAC MPOIMP S770 OATSIM M LONB LAM m SSSSO 1770 OATSXOC PO LONB LAPE m SSSSO SDUL-RAMAMBR-— S770 BAVSIOf M LOM LAPE m SSSSO ‘V--- ••c vOiKi •1 V II mm BATt lO/tO/44 BATCH MS PIN ctRpirv ppopcprr XNroPNAnoM system PPOPEPTY OlOHRS LIST PCPOPT NO. PfOISOOl TAGS It PPOP AOOP 0#<P NAM TAXPAVfP MAM/AOOP SO OS-117-ts to OIOS OOOSO AOOPfSS UlASSXf mm BiiiiMP- S770 SAYS!Of M LONB LAPI m SSSSO SO St-llO-IS SS OMt 0S70S ma TEPTOIOI m JAMS E SPOQPS JAMS E BPOOPS S70S MATfproioi POAO MAPLE plain m SSSSf so St-llO-tS SS OMS OOOSO AMRtSS ONASBIGNIB STATE OP NIEM STATE OE NI^ fOMII I LUCI LIM TRAIL I PROP AGOP QMEP MAM TAXPAYER MAM/A90P SO St-llO-tS SS 0004 OSOSS MATEPTOO* PO CATMAPINB A CRAM catmapim a cram S700 MATEPTOEOI PO maple plain JOf SSSSf so St-llO-tS SS oooo OMSO AOOPfSS pending L V A B E BlirTIREIILO L V A S E OUTTfpPIlLO S«tS MATEProol PO MAPLt PLAIN m SSSSf SO St-llO-XS U Mlt 0174$ MPTEPfOWI PB NEO L BUYTfPEllLO NEO I BI/TriPriELO 174f MATEPrOMf PO MAPLE PLAIN 101 SSSSf PROP AMP OM«P NAM TAXPAYER NAM/AOOP SO St-llO-tS U MIS 0S70S MATIPTOMI PO L L COOR AIM COOR LARRY L A LIMA N COOR S70S MATIRTOEOI RP maple PLAIN nt SSSSf TOTAL SATCN SOS PM tl I CEPHEY THAT TMf EACTS PfPPISCNTtO APE AN ACCURATE AM TRUE PtPPESENTAnON OP XNE0PMATX94 AS IT APPEARS THIS OATf QN TMf PfCOPOS OP TNC NffMPtN CCMirr OEPAPTMNT op PPOPEPTY TAXATION. TO TNf SCST Of NT ANOMLCOBE am OCLXCE.. DATE ioU»ii<?HfiC( i I LC I.>I'h e^l.. ' ■ **•iri*‘M . fck • ...v/ -s.-V- ’•V.V»«r § i' /■ Cfrtl nCftf of Surtfy Y Cldcn Construct I on •of Lot I. Olock Z OArSlOC LA/iOniG llennepln County, Hlnnesota Cz, - V. S^S /uLr]cIfrl£l.i.lZ fi t C'n”-----------------------------------i X ClIYOFOnONO — SlfEPUH__ CnAOIIiGPLAN'nocc,- 1 U oiSAPrnoy/n nr ni I »AfE.._. .y±3^^ZB.7. L'AKESI loni: C. WCTLANUG 3 R E G U L A T I Q N S ci-.CMf} onini^AMCP. woHinirs ii/x'.'Av.iijN. Fii I i«i:. on>;aiw. uor.-.jijiin';, iMuc rir!Aov/'L on ctiNiirnuijiion oi- fj;v kimu wm iir.’ xo r r i.ip Afjv r.M':’HKi.i;rf: 11 iiM r'i r r ur auy vxi- i i.ayjo-j »Mip MEOwi-o r'oi; ,\)(;CK)^;CK!>. 'JCAV/Aaa iuni/\p t • .V.. CltyOFfll',1)!!!'. .»i .'ri'iwvn.i 11‘ili3»Vf;o in vr.i- ii'.-',•ii.r;Airri'.ivii) • MV ----------------------- I’Alf................ » »• N 5 Loc-ADoro op m I;*. I* Jr ^ A"T)o^0 CF VJ M'i'THT^ op llic locjtlon 0^ * JUrvcy of tilt boimj.vlti of lot l.lOloct Z O.U to Jlio.i any Olhef-|mpro»jnieiiti or encroaclimenlj/ ' ‘location of a proponJ bullJIn,. li ai,, „; ac iA^*ut: ‘Suriiort I !• } COfFlM L CnoiCEIlG, IMC. t Inch « too feet IJitc :. January 2J, I909 *> : Iron marker niz) ; Spot elevation Uutm : . issiincd ir / • Kirk S. Gronberg Hf\ Uc. lib. I2/55 tiigIncRrs, Land Surveyors. Planners Long Lake. Minnesota 0 \ Page 6 of 7 ^ NGNUTES OF THE ORONO PLANNING COMMISSION Feting held on November 21. iw - #1981 - Coumeya - Continued) Applicant, Todd Coumeya, said Pioposal A fits the land well. south asked about the square footage of the proposed houso The matn le«l is abom 1500 s f. ivith 1000 s.f on the second stoi>'. There would be a bull basement. sizing of the proposed house w as suggested. ^ ,11 ,urt»pd that althouah a street setback variance is preferred I efesrd"p?oposed hou^e into the bluff irea, the buildtng should fit within the parameters previously determined by the Counol. Lggested Coumeya get letters from the neighbors expressing their views on his amended proposal to be presented at a later meeting. At the Applicant's request, Lindquist moved. Peterson seconded, to table Application #1981 to the January meeting. Ayes 3. Nays 0. Ml OS'? TiANrEL S PERKINSs 55 LANDMARK DRIVE ■ VAI^NCE/CONDITIONAL USE PERMIT - PUBLIC HEARING 8:00-Si25 P.M. The Certificate of Mailing and Affida\nt of Publication were noted. The Applicant was present. .posed within a proteaed wetland area. Th« proposa inv« S7a;dr:f-e7.i^;;;,o;era.en-yearp;^^^^^ ™ iTbe'Too s.r::d be completei-in eight years. The'excavated peat would be lifted to 200 cubic yards each year. Loren Butterfield, who will be the contractor will d^e * peat in his nurse.-y business. Butterfield can only use appro.-omately 200 cubic yards each year. Bunerfield operates a nearby nursery’ and landscaping busmess. Butteifie wi .. access through his property- and create the ponds for the Applicant; and in turn. b. receive the peat material for use in his business. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 21, 1994 (#5 - #1982 - Perkins - Continued) Butterfield operates a nearby nursery and landscaping business. Butterfield tvill allow access throusth his property and create the ponds for the Applicant, and in turn, he would receive the peat material for use in his business. The method of removal would be with a 1/2 yard backhoe, or 3/4 yard *m extreme conditions, and moved by three dump trucks, one 10-yard and mo five-yard. The holes would be 6’ deep and 50’ in diameter Butterfield would drive over the wetland ponds after it has frozen in the winter time, dig the material, and pile it on his property for use m spring as potting material. This method is presently being used on his adjoining property. The DNR has sent literature on construction of wildlife ponds and how to rid them of reed canary grass and obtain aquatic vegetation. No DNR permit is required. Perkins said the ponds will have a slope of 5.1 at six foot depth. The ponds wiU be touched up after each dig^g. A letter from neighbors, James and Patricia Todd, were entered into the record which save their support of this plan. Letters from the MCWD and DNR state no need for permits fi-om their agencies The U.S .Army Corps of Engineers authorized the work under conditions stipulated in their letter via a nationwide permit. Lindquist moved. Smith seconded, to approve Application #1982 for Daniel Perkins with ^ conditions listed by City Staff and to include a yearly land alteration permit issued by Staff for excavation of peat. The excavation is not to exceed 200 cubic yards each year and must be performed during winter. Mr. Perkins is responsible for any safety problems. Ayes 3, Nays 0. (#6) #1983 TOM AND ^LAUREEN PALM, 1685 CONCORDIA STREET - VARIANCES - PUBLIC HEARING 8:25-8:40 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicants were present. Mabusth reported the AppUcation is for a lakeshore setback variance required for a second stoiy addition, an average lakeshore setback variance and hardcover variances. The existing house and addition is 24x50’ located 39’ from the lakeshore where 75' setback is required. The struaure will encroach the average lakeshore setback by 10’. There wiU be no additionrl hardcover, but 28% exists in the 0-75’ setback where O' is allowed, and 33% e.\ists in the 75-250' setback where 25% is allowed. The home is 20’ wide and meets the side setback requirement. 5 \ MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HEL l > ON DECEMBER 12,1994 (#8 - Item #1980 - A&T De\ eIopment - Continued) Callahan gave the Applicant the option to have his application reheard in front of the full Planning Commission or to waive his right. It was clarified that the expense of improving the road would be that of the developer. The road would be at the width as it is now with a 30* extension for the turnaround. Mr. Post found this to be acceptable and waived his right to a hearing in front of the Planning Commission. (#9) #1982 DANIEL S. PERKINS, 55 LANDMARK DRIVE - VARLANCE/CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING OF NOVTMBER 21, 1994, 7:47-8:08 P.M. Mr. Perkins was present. Tins application is for a condition-use perrrrit required as land alterations involve the excavation of 2,000 cubic yards of peat over a ten-year period. A variance is required as dredging is proposed within a designated 1 50 acre wetland. The proposal includes the creation of two ponds, one 5000 s.f to be completed in a two-year span, and the other 25000 s.f to be created over an eight-year period of time. Excavation will be limited to 200 cubic ^*ards yearly and will be developed at 6’ depths with a 5; 1 slope on the sides. Access will be through the Butterfield property located at the northwest comer of Perkins property. The properties are contiguous. Mr. Butterfield will perform the e.xcavations using either a 1/2 or 3/4 yard backhoe. The 200 cubic yards of peat material will be used in Mr. Butterfield’s nursery operation and is the total amount he is able to use in a year period. Because of the length of time involved. Cook said some changes to the eco-sj'stem may occur and impact the w'etland. Cook recommended a silt curtain be added to keep the material from running into the wetland in the spring after the winter excavation. The Planning Comnussion asked for annual review by Staff with the issuance of land alteration permit to evaluate the situation. The Staff also asked the Applicant to inform the City if access is varied in order to alert the neighbors. During di'^cussion, Hurr voiced concern over the ten-year period of time involved and would like to sec closer scrutiny occur. Kelley wanted to make the Applicant aware that although this land is not a protected DNR wetland, this could change at some point. Callahan asked the Applicant if he wishes to waive his rights to a public hearing of the Plannmg Commission. Mr. Perkins agreed. There were no public comments. Council members recommended an annual review of this project. A discussion with City Attorney Barrett ensued over the legal implications when City approves a plan to be completed over a 10-year period of time. Barrett stated it would be difficult to stop such a project if h became necessary' Council noted the need to create a mechanism that woui>^ ..'low the City to review a conditional use permit on an annual basis, thereby, reserving for the Council the right to stop the project if necessary. minutes of the regular orono city councilMEETING HELD ON DECEMBER 12,1994 Callahan moved, Kelley seconded, for approval of a conditional use permit to the mining up to 200 yards in 1994795, and directed Staff to develop a recommendation regarding periodic reviews of the mining C.U.P. Ayes 4, Nays 0. 1994 - 8:0»-8:15 P.M. - RESOLIITION #3507 Mr. & Mrs. Palm were present. Mabusth stated the AppUcation is for variances for hardcover, lakeshore s«bac^ and that the foundation was in good condition when the property was purchased. The Applicants gave their permission to waive their rights to a public hearing before the Flaming Commission. Mayor Callahan opened the public hearing. Callahan said the Planning Commission asked that the shed be removed because of excess hardcover. Hurr asked if any restrictions were placed on roofing or scree^g of the upper and lower decks The Applicant said the upper deck would be rooM wd tot he had no imention of roofing or enclosing the lower deck Mabusth ^ed there had been no discussion ofthis at the Planning Commission meeting. ThePlarmmg Commission was aware that a roof was to be installed over the upper deck based on the plans submitted with the application. There were no public comments. Mayor Callahan closed the public hearing. Hurr moved, Kelley seconded, to approve Resolution #3507 with the additional condition that the lower deck not be enclosed, screened, or roofed. Ayes 4, Nays 0. (#in #1984 STEVEN NL ENGLUND, 3855 CHERRY AVENUE - RENEWAL VARIANCE - CONTINUATION OF PUBLIC HEARING OF NOVEMBER 21 1994, 8:15-8:18 P.M. - RESOLUTION #3508 Mr. Englund was present. % % 6400057 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. >? - A RESOLUTION GRANTING A V/VRIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SL^DITTSION 8 AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 •» \MIERE.\S, Daniel S. Perkins (hereinafter "the applicant"; is the owner of the propert)' located at 55 Landmark Drive within the City of Orono (hereinafter "City") and legally described as follows; Lot 1, Block 2, Bayside Landing, Hennepin County, Minnesota (hereinafter the "property"); and \VHERE.\S, per .Municipal Zoning Code Section 10.03, Subdivision 19 the applicant has made application to the City of Orono to permit the removal of 200 cubic yards of peat from a 3.2 acre wetland within the property. The wetland is a protected wetland of the City 01 Orono. Per Section 10.55, Subdivision 8, the applicant has filed a variance application as the code would not permit the e.xcavation of materials within a protected wetland. Minnesota; NOW, THEREFORE, BE IT RESOL^T:D by the City Council of Orono. FINDINGS 1. This application was reviewed as Zoning File #1982. 2. The propert}' is located in the RR-1.^. Single Family Rural Residential Zoning District requiring five acres of area. Two acres of which must be contiguous. The property consists of a total of 10.4 acres. 7.2 acres of dry and 3.2 acres of uet. s & N •• ‘.'zr^sD FcG 21 DEPUTY Page 1 of 7 CITY of ORONO RESOLUTION OF THE CITV' COUNCIL NO 'f. O fJ . 4 Three members of the Orono Planning Commission reviewed this application on November 21, 1994 and recommended approval of the proposed variance and conditional use permit based on the following findings: A. The excavation of the wetland on a scale limiicJ to 200 cubic } ards v. :II ’ have a negligible affect on the 150 acre wetland. B. The excavation of open water areas will enhance wildlife habitat. Portions of this wetland have already been excavated for the purposes of retrieving peat for the past thiny years without any negative impact on the wetland or the existing wildlife habitat. C. D. E. The excavation of ponding areas will improve water storage and provide a sediment trap. The regrading of banks adjacent to the open water areas will encourage more beneficial wetland/aquatic vegetation. The City Council finds that the conditions existing on this proper:^ are peculiar to it and do not apply generally to other propeny 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 propenies; would not merely serve as a convenience to the applicant, but is necessaiy to alleviate a demonstrable hardship or difficulty; is necessar>- 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 Citx-. The City Council finds that granting a conditional use permit to allow the annual excavation of 200 cubic yards of peat from the wetland during the winter months of 1995 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 propenies, nor will its use depreciate surrounding propeny values and that the proposed level of use of the property- will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 7 rirsMOS WC CITY of ORONO RESOLUTION OF THE CIT\' COUNCIL NO. Si i V CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of ihe above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 to pennil the e.xcavation of 200 cubic yatds of peat material within a protected wcllanJ ol I'se Cuy. iiic cuMcni conditiona! e-..c pennit i.; issued for the winter months (January 9, 1995 through March 21, 1995) and shall be limited to 200 cubic yards. Approval of this conditional use permit is subject to die following conditions; 1. 2. 3. 4. 5 The City has reviewed a comprehensive land alteration project involving the creation of two open water areas witliiti a designated wetland on the property to be completed within a ten year period as shown on pages 6 and 7 of this resolution. The applicant shall file an atuiual conditional use permit for the removal of 200 cubic yards and shall be charged the fee for a renewal conditional use permit as set forth in tire City’s fee schedule for the current year. The City shall also waive the requirement that applicant file for an annual land alteration permit upon Council's approval of the annual conditional use permit. 'I hc City has approved access to the site for construction vehicles and equiimrcnt to be at the notthwest corner of the property. If access is to be achieved via Landmark Drive, th.e City must be advised so that applicant can provide suitable notice to all land owners served by Landmark Drive. Authoi ities granted by this resolution run with the property not with the applicant, but arc permissive only. Violation of or non-compliance with any of the terms and conditions of this resolution shall consiiiute a violation of the Zoning Coie, shall automatically terminate any authoiily granted herein, and shall be punishable as a misdemeanor. 'I he undersigned applicant has read, understood and hereby agrees to the terms of this resorution 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 3 of 7 CITY of ORONO RESOLUTION OF THE CITY' COUNCIL NO. ^ ^ j i . Adopted by the Orono City Council on this 9th day of Januar\'. 1995. M :ATxItr:' •/.• Un. Cit>' Clerk rLa<ELk Property Q\vner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 9th day of January, 199i bv Edward J. Callahaa, !r. and Dorothy M. Hallin. Mayor and City Clerk of CiD’ Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. fi®* mml CAR01EA.HAS^^ligXMrr fURC-MKN^A HBWEPNCOU^^ My Commission bptw Jan Notarv Public Paae 4 of 7 CITY of ORONO RESOLUTION OF THE Cm COUNCIL NO. 8 r • ______ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . -T~ 199^ , before me a Notan Public , "K"=“ S,».™... .i, m« .» CAROLE k HASEMAN N0URYPU8UC4HNNES0TA HWNEPmCOUNTY My CcBWiSShin 31.2TO /A. Nourv Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) dav of ss. On this ,199 . wiore me a Noiar>‘Public within and for said County, persopalh - , g^g^mej the foresoine instrument, and :<„own .0 me ,o be .he person(s) ani deed. cknowledsed that he uhey) executed the same Notarv Public * A ST.NTE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. dav of 199 . before me a Koiar>‘ Public On this___________- _----_______^ ______________ within and for said County, personally app-ared —. executed the foregoine instrument, and known .0 me to be .he person(s) described .n and “ho '^cuied ine^ acknowledced .ha. he (.hey) e.xecn.ed .he same as h.s (.heir) fr„ Notar)’ Public Paee 5 of 7 OiiAOr Bonesroa Bosefye. An^effik ^nd wt n in AMn/Eomt Oppofmnfy Employer Oro G Bor^mo <ooen >X • C Arje^:,« L Sca^J^ P£ £ Tur*^ef P£ « Coc* PE r^Qff'il e \Cyfl P£ PcC^ G Sc"u^<*'r PE SwW'' V Ec<r' - C P ♦ •>nior Co^S-«tarr A S#''to*d PE Ker- A Gonsoo PE t PE Pc-a*-: \A. pQUf' pp Oav 0 O L9SAOCJ Pfi Pcce- C Pwsse* a i a PE Ma'^ * -a^vcr P£ Vc**af ®au:*"ar^ **£ Tej K p^3 PE Tro^jl P Arjr^O^ A - A Cc"a r C 9^ v'3* PE T-c~ai A S/^c PE p*?3rc J p£ K“^af *.*#'•'*«* PE V<^ar P Pju PE A^-IW V P f^5 A I c P ^^c*^as \A. PereTOo PE :"ae^ C L>rcR P£ Jar^s» Maijro pg je^/ O PenzK^ PE kr!! J Arja/»e^ PE p ArcJeTOO P£ \‘a^ 9 Botfi pe A sra PE Ga-, A' Vo'<pr P£ ®a- . Ga-'-c- -• * Ga-f J £3ge-rf> P£ * Pct Scnrvct PE P'*-« J Cas^ PE va^ O vuaan P£ VMes 9 je^5P« Pc L P*'ii!i;3 G«'av?<. PE Aa^p^ L We^ PE Ga^ O Kr vofixz P£ A^n P Vaco P£ Ocujas J B a -'c ' P£ S^a^v'^ 0 Guua*:c- ®£ Cec.«o OAv^r P£ Pau' G Hev.e' p£ /cr*' P Gcr:e' p£ C**a'^s • £'c*:c'' Lfc Pawf s»> Hara'' V O ior j9'^\ p E''^'*a'r 4; r .7 /> 1/1 Bonestroo Rosene Anderlik& Associates Engineers & Architects November 15, 1994 Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 Crxstal Bav, Minnesota 55323 Re: Perkins Wildlife Ponds File No. 139-1982 Dear Jeanne, We have reviewed the proposal to create two open water wildlife ponds within an existing Type 2 wetland. As the wetland is not a DNR wetland, the jurisdiction for wetland alterations is with the Minnehaha Creek Watershed District, the Local Government Unit (LGU) for Orono. The LGU has already reviewed the alteration and will not require a permit to do the work. The proposed wildlife ponds are acceptable from an engineering standpoint. However, we request the following information be provided prior to construction: -Method and'or equipment propo.sed to complete the excavation and transport off site -Routes to be used for equipment access and transporting the material -Schedule describing which times of the year the work will take place -Location proposed for material storage Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. i). Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 MINNEHAHA CREEK WATERSHED DISTRICT 15500Wayzata Boulevard 611 Twelve Oaks Center Wayzata, Minnesota 55391 oHicr. (612) 476-7970 fax: (612) 476-7973 BOARD OF MANAGE?^S; Thcrras Macie -r. P'es • C Wcccrcw Lcve • Jcnr £ Thcr.as Csarxson Unaiev • Thcrras W LaBounty • Varr.a S Harr:e» • Pareia G. Biixt WATE.^SHE0 BOUNDARY W October 14, 1994 Mr. Dan Perkins 55 Landmark Drive Long Lake, MN 55356 Re; Mining of peat from a wetland on your property in Orono, Minnesota Wenck File No. 0185-01-151 Dear Mr. Perkins: The Minnehaha Creek Watershed District understands that you wish to allow Loren Butterfield to mine peat from your property for use in his greenhouse business. The resulting excavation will create a wildlife pond within a much larger, approximately 150 acre, jurisdictional wetland. Only a small portion of the above wetland is on your property, Upon review of the 1991 Wetlands Conservation Act (District Rule L) and the District’s Wetland Alteration Rule (District Rule D),the proposed project does not appear to be addressed by either rule. Therefore, the District is not requiring a permit for the above referenced project. If you have any questions, please call me at 479-4224. Sincerely, WENCK ASSOCIAT Andrew E. Syverson, P.E. Environmental Engineer AES:jmm cc; Lyle Oman, City of Orono N:\0l85\0l-154\ASl0ll34.Ur (yjro'j DEPARTMENT OF THE ARMY ST PAUL OfSTRiCT. CORPS Of ENGINEERS ARMY CORPS OP ENGINEERS CENTRE 190 fifth STREET EAST ST PALI MN 5510MSM October 14, 1994 Ax TO AfTENTiO## Itd c ‘ r«__H“ a. Construction-Operations Regulatory (93-02043-NW-JJY) Loren V. Butterfield Greenhouses Mr. Loren V. Butterfield 3925 Watertown Road Maple Plain, Minnesota 55359 ' — ■ -jQo I wf i-.4a_p C-C V c.-^ Dear Mr. Butterfield: We have reviewed information about your project to discharge dredged material incidential to the dredging of 0.4 acre of peat from an unnamed wetland. The project site is in the SW 1/4 SW 1/4 Sec. 32, T. 118N., R. 23W., Hennepin County, Minnesota. This work is eligible for authorization by a Department of the Army nationwide permit referenced below and described in the enclosures, provided the enclosed conditions are followed, including the disposal of unwanted dredged materials on an upland site. This determination covers only your project as described above. If the design, location, or purpose of the project is changed, you should contact us to make sure the work would not result in a violation of Federal law. It is your responsibility to ensure that the work complies with the terms of this letter and the enclosures. IT IS YOUR RESPONSIBILITY TO OBTAIN ALL REQUIRED STATE AND LOCAL PERMITS AND APPROVALS BEFORE YOU PROCEED WITH THE WORK. If you have any questions, contact Mr. Joe Yanta in our St. Paul office at (612) 290-5362. Sincerely, Enclosure(s) Determination: 33 CFR 330-Appendix A (26) 5 5 .7«- I ./ Construction-Operations Regulatory (93-02043-^W-JJY) Enclosure B. Nationwide Permit 26. Headwaters and Isolated Waters Discharges. Discharges of dredged or fill traterial into headwaters and isolated waters provided; a. The discharge does not cause the loss of more than 10 acres of waters of the United States; b. The permittee notifies the District Engineer if the discharge would cause the loss of waters of the United States greater than one acre in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, .including wetlands. (Also see 33 CFR 330.1(e)); and The discharge, including all attendant features, both temporary and nt. is part of a single and complete project. c. permanent. For the purposes of this nationwide permit, the acreage of loss of waters of the United States includes the filled area plus waters of the United States that are adversely affected by flooding, excavation or drainage as a result of the project. The ten-acre and onc-acre limits of NW? 26 are absolute, and cannot be increased by any mitigation plan offered by the applicant or required by the District Engineer. Subdivisions; For any real estate subdivision created or subdivided after October 5, 1984, a notification pursuant to subsection (b) of this nationwide permit is required for any discharge which would cause the aggregate total loss of waters of the United States for the entire subdivision to exceed one (1) acre. Any discharge in any real estate subdivision which would cause the aggregate total loss of waters of the United States in the subdivision to exceed ten (10) acres is not authorized by this nationwide permit; unless the District Engineer exempts a particular subdivision or parcel by making a written determination that; (1) the individual and cumulative adverse environ.mental effects would be minimal and the property owner had, after October 5, 1984, but prior to January 21, 1992, committed substantial resources in reliance on NVP 26 with regard to a subdivision, in circumstances where it would be inequitable to frustrate his investment-backed expectations, or (2) that the individual and cumulative adverse environmental effects would be minimal, high quality wetlands would not be adversely affected, and there would be an overall benefit to the aquatic environment. Once the exemption is established for a subdivision, subsequent lot development by individual property owners may proceed using tW? 26. For purposes of NVJP 26, the term "real estate subdivision" shall be interpreted to include circumstances where a landowner or developer divides a tract of land into smaller parcels for the purpose of selling, conveying, transferring, leasing, or developing said parcels. This would include the entire area of a residential, commercial or other real estate subdivision, including all parcels and parts thereof. (Section 404) Regional conditions: 1. Projects which would cause a loss (as described in 26.c., above) or more than three acres of waters of the U.S. are not authorized by this nationwide permit. 2. The notification requirements outlined at C. 13. below apply if the project would cause the loss (as described in 26.c. above) or more than cne-half acre of waters of the U.S. 3. This nationwide permit is not valid for any project that would cause a significant, adverse modification of more than 10,000 square feet of wetland adjacent to and within 1,000 feet of a lake or wetland that is greater than 10 acres in size, as designated by the Minnesota Department of Natural Resources "Public Waters/Wetlands Inventory" maps. 4. This nationwide permit is not valid for any project which is located in waters, or in wetlands adjacent to and within 1,000 feet of waters, that are defined as any of the following: a. Outstanding Resource Value Waters in Minnesota Rules, Chapter 7050. b. Trout streams as designated in Minnesota Department of Natural Resources Com-missioner' s Order 2450 Part 6262.0400 subpart 5. c. Trout lakes as designated in Minnesota Department of Natural Resources Commissioner's Order 2450 Part 6262.0400 subpart 3. A list of the above waters is attached. 5. None of the nationwide permits are valid for regulated activities in, or in water or wetland areas which arc within 1000 feet of a boundary of, a calcareous fen designated by the Minnesota Department of Natural Resources and listed in Minnesota Rule 7050. A list of these calcareous fens is attached. Section 401 conditions: 1. Projects which include dredging in contaminated or polluted areas or that will disturb known contaminated sediments or polluted substances as defined and as listed by MPCA are not authorized under Section 404 by any nationwide permit unless the applicant applies for, and is granted, a project-specific Section 401 certification from MPCA. 2. Projects which involve utilization of fill or bank stabili7.ation material which is comprised of demolition debris are not authorized by any nationwide permit unless the applicant applies for, and is granted, a project—specific Section 401 certification from MPCA. Demolition debris is defined by Minnesota Rules Chapter 7035.0300 Subp. 30 as solid waste resulting from the demolition of buildings, roads, and other man-made structures including concrete, brick, bituminous concrete, untreated wood, masonry, glass, trees, rock, and plas\Lc building parts. 1 Conditions Prescribed by Corps Regulation: Refer to the attachments for the conditions that are applicable to all of the nationwide permits. 1 . ■. . .'•* . * C Nniionwidc Permit Conditioas General Oxiditioas: The following general condiiions musi be followed in order for any authorization b>* a nationwide permit to be valid: 1. Navieation. No activity may cause more than a minimal adverse effea on navigation. 7 Proncf maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 1 Frosion and siltation cont'ols. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all e.xposcd soil and other fills must be permanently stabilized at the earliest practicable date. 4. Aqll.^tie life mosements. No aetKity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the aarvat/s primary purpose is lo impound wtiicr. 5. EouiomenL Heavy equipment working in wetlands must be placed on mats or other measures must be taken 10 minimize soil disturbance. f. Rrmnnal and case-bvosc conditions. The activity must comply with any regional conditions which may have been added by the division engineer (see 33 CFR 330.4(e)) and any ease specific conditions added the Corps. 7 Wild and Scenic RKcrs. No activity may occur in a component of the National Wild and Scenic River System; or in a river officiallv designated by Congress as a 'study river' for passible inclusion in the system, while the nver is in an official study stat'us. Information on Wild and Scenic RK-ers may be obtained from the National Park Service and the U.S. Forest Service. K. Tribal right.s. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. o Water quality certification. In certain states, an individual state water quality certification must be obtained or waived (see 33 CFT. 330.4(c)). in Oiastal rone management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived, (sec 33 CFR 330.4(d)). 11. Endangered Species. No aaKity b authorized under any NV*T which is likely to jeopardize the continued existence of a threatened or endangered spedts or a spedes proposed for such designation, as idcnlifi^ under the Federal Endangered Spedes Act, or which is likely to destroy or adversely modify the critical habitat of such spcacs. Non-federa! permittees shall notify the distria engineer if any listed spedes or critical habitat might be affects O'" “ «n the vidnity of the projea and shall not begin work on the aaivity until notified by the district engineer that the requirements of the Endangered Spedes Act have been satisfied and that the aaivity is authorized ^formauon on the loaiion of threatened and endangered spedes and their critical habitat can be obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service, (see 33 CFR 330.4(f)) 12. Historic properties. No aaivity which may affca Historic properties listed, or dibble for listing, in the National Register of Historic Places is authorized, until the DE has complied with the provisions of 33 C^ 325, Appendix C." The prospective jjermittee must notify the distria engineer if the authorized activity may affca any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the aciiviiy until notified by' the Distria Engineer that the requirements of the National Historic Prcsc^tion Aa have been satisfied and that the activity is authorized. Information on the location and c.xisicncc of historic resources can be obtained from the State Historic Prescrv-alion Office and the National Register of Historic Places (see 33 CFR 3.30.4(g)). Section 404 OntY ConOuiore : In sedition to the General Conditions, the folIov.ing conditions apply only to activities (hat involve the discharge ot oredged or fill material and must be followed in order for authorization by the nationwide permits to be valid: 1. Water supply intakes . No discharge of dredged or i. • material may occur In the praximily of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank stabilization. 2. Shellfish produaion . No discharge of dredged or fill material may occur in areas of concentrated shellfish produaion, unless the discharge is dircaly related to a shellfish harvesting activity authorized by nationwide penmit 4. 3. Suitable material . No discharge of dredged or fill material may co sist of unsuitable material (c.g., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts (see section 307 of the C'can Water Act). 4. Nfitigation . Discharges of dredged or fill material into waters of the United Slates must be minimized or avoided to the maximum extent practicable at the project site (i.e. on-site), unless the DE has approved a compensation mitigation plan for the specific regulated aaivity. 5. Spawning areas . Discharges in spawning are-as during spawning scasorts must be avoided to the maximum extent praaicable. 6. Obstruction of high flows . To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expeaed high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). 7. Adverse impacts from impoundments . If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and'or the restriction of its flow shall be minimized to the maximum extent practicable. 8. Waterfowl breeding areas . Discharges into breeding areas for migratory waterfowl must be avoided to the maximum c.xtent practicable. 9. Removal of temporary fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. --T--Q p U ] ? r 1 (\j cf^i~ 'iZa-cvV (.CiOTbu^ L-iOsr ec3v[.h^S ’ Afpo^i'-v^T^r ’ "'pvja. ^ viP.P'A-^'^ <^0 tA.”*Tl'^ P o a ;D 6^0 95 ^ ^zrpoyO _ '^o<^ -f^ ■i l-l q/ ? 11 V 1 25) lA ^ - \, 11 su \T\ J ^J V) vn 3 <0 I- ilhHi ^ ^ -F 71+^ (VT>A-n4- P£>*J'C> ^-Pf jco' ■2-5'o ‘ Aro>‘5> ^ tJr -f-B "tH « S 2 /2)0 po!S»Ib V/sTO CA B^ Ar^)( /do' Ai'-'b to Pl ____ PERKINS CAPITAL H MANAGEMENT, inc. October 11,1996 OCT 1 5 1996 Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323-0006 Dear Jeanne: I am writing in regard to my renewal condition use permit application to dig peet on my property at 55 Landmark Drive (per resolution #3512). My original application requested a 10 year approval period. Although the Planning Commission recommended approval, the City Council was uncomfortable with the 10 year time period and decided to require reapproval annually each time we dig. I am glad to reapply annually, however, it occurred to me that if the Council would be comfortable with a somewhat shorter period, say 5 years, it would greatly simplify the process for everyone involved. If the project isn’t completed at the end of 5 years, then I could reapply for a renewal permit at that point in time. I would like to suggest that the Planning Commission and City Council consider this as an alternative to annual renewals. Sincerely, Daniel S. Perkins DSPijap 730 EAST LAKE STREET WAYZATA, MN 55391-1769 TELEPHONE (612) 473-8367 TELECOPIER (612) 473-4702 INVESTMENT MANAGEMENT •Vrj REQUEST FOR COUNCIL ACTION C/ry ^996 DATE: November 5, 1996 ITEM NO b Department Approval: Name Jeanne A Mabusth Title Buildins & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2179 Theresa Norsted, 2811 Casco Point Road - Variances Resolution Zoning District:LR-IC Lot area = 13,747.5 s f Application: Applicant has presented two improvement plans before the Planning Commission at their July and October meetings The original application involved a two story addition at the lake side of the residence involving a major encroachment of the average lakeshore setback line. The neighbor to the east was in complete opposition to the improvement because of the impact upon the views from his view windows at the south and west The applicant was advised of the hardcover and structural coverage limits for the property and was further advised by Planning Commission to consider more comprehensive needs of the property as property lacked a garage The applicant now seeks approval of hardcover (75-250' setback area), structural coverage, and side and street setback variances to allow construction of a detached garage within the street yard of the property and a two level T x lOVi' deck at the southwest comer of the existing residence that would not require setback variances. The following ordinances are pertinent for this review; 1 Section 10.03, Subd 14 (C) - Structural coverage variance. Total area = 13,747.5 s.f Allowed = 2,062.2 s.f or 15% Existing = 1,588.9 s.f or 10.8% Proposed = 2,150.6 s.f or 15.6% Variance = 88.4 s f or 0.6% Section 10.22, Subd. 1 (B) - Average lakeshore setback review. Refer to Exhibit E, the two level deck and access stair at the southwest comer of residence will not encroach the average lakeshore setback line. 3 Section 10.22, Subd. 2 - Review of hardcover. A. 0-75' setback area = 5,437.5 s.f Allowed = 0 Existing = 380 s.f or 6.9% No changes are proposed within the 0-75' setback area. I Request for Council Action continued Page 2 November 5, 1996 #2179 Theresa Norsted, 2811 Casco Point Road B 75-250' setback area = 8,310 s.f Allowed = 2,077 5 s f or 25% Existing = 1,448 9 s f or 17.4% Proposed = 2,373 45 s f or 28.5% Variance = 295.9 s.f or 3.5% Section 10 25, Subd. 6 (B) - Setback variances. A. Street setback - detached garage. Required = 30' Proposed = 18' (traveled road 22') Variance = 12' or 40% B Side setback - detached garage. Required = 10’ Proposed = 2' (Footprint of structure is 3' but 1* overhang must be included as structure does not meet 10' side yard setback.) Variance = 8' or 80% List of Exhibits A A-1 B C D E F G H I J K L M N O P Application Applicant's Addendum Hardship Statement Plat Map Property Owners List Proposed Site Plan Survey Approved by Planning Commission Hardcover 0-75' Setback Area Hardcover 75-250' Setback Area Elevations-Tloor Plan Two Level Deck Site Plan as Amended by Applicant Since Planning Commission Review (no change in factual information) Cross Section Garage Street Elevation/Garage Side Elevation/Garage Grade Level Floor Plan/Garage Second Floor Plan/Garage 2813 Casco Point Road-Adjacent Property at East 2807 Casco Point Road-Adjacent Property at West Request for Council Action continued Page 3 November 5, 1996 #2179 Theresa Worsted, 2811 Casco Point Road Brief Review of Request At the October 21st meeting of the Planning Commission, applicant proposed a 24' x 24’ detached garage (Exhibit E) to be located 18' from the street lot line and 2' from the side lot line. Since the Planning Commission meeting, applicant is concerned with the potential impact of the construction upon neighbor's tree to the immediate west She proposes reducing the depth of the garage from 24' to 22' and expanding the width to 26' Council is asked to consider a 22' x 26' garage as shown on staffs amended sketch, Exhibit I There is no change in the hardcover or structural coverage facts as noted above and as approved by the Planning Commission The Building Inspector has reviewed the 1' setback of the garage at the west property line and £^plicant plans to locate detached garage 2' from same lot line. He notes no problem or need for special fire wall construction Review Exhibits O and P, note garages on both sides are locat^ as close as 1' from both side lot lines of applicant's property. The neighbor to the west has doors facing away from street and the neighbor to the east with a garage located approximately 3+' from the street lot line has doors opening out onto Casco Point Road The actual traveled road of Casco Point is 3-4' beyond the north street lot line of applicant's property. The proposed garage with doors facing out onto Casco Point Road would be approximately 21-22' from the traveled road The garage has been located on the property in order to save mature trees to the south and east of garage structure Applicant has eliminated the exterior access stair on the east side of the garage. Access to the upper level will be via an interior staircase. This resulted in a hardcover reduction of 34 05 s f or 0 4% The second phase of the improvement project involves a two level deck at the southwest comer of the residence at 7' x lO'/j', refer to Exhibit 1 The structure will not require a side setback variance nor will the access stair and deck structure be located in front of the average lakeshore setback line. Applicant had originally proposed an extensive grade level patio resulting in excesses of hardcover within the 75-250' setback area proposed at 32.8%. Applicant agreed to remove the grade level patio and access stair structure at east side of garage resulting in a reduction of 353.5 s.f or 4.3% of proposed hardcover. The Planning Commission was asked to review the structural improvements within the 0-75' setback area. The boathouse structure is in excellent condition requiring no structural improvements The boathouse is an integral part of the access stair to the lake. The access stair is also in excellent condition. There is an old pump house at an approximate 4' height. Both the pump house and boathouse provide structural support of the steep sloped eroding lakeshore bank There are signs of severe erosion throughout the entire lakeshore bank. The City is recommending that applicant consult with a landscape contractor to determine the best type of plantings to restore groundcover. If the bank is to remain stabilized, it was recommended that both the boathouse and pump house structure remain until future improvements are proposed by applicant. The applicant was not asked to consider hardcover removals within the 0-75' setback area. Request for Council Action continued Page 4 November 5, 1996 #2179 Theresa Norsted, 2811 Casco Point Road There was discussion as to the need for the garage doors being relocated to the side providing adequate turnaround before backing out onto the busy roadway. Members felt the 20*22' would provide adequate distance for sighting at roadway wth minimal backout for cars exiting property A neighbor in attendance at an earlier Planning Commission meeting noted that a garage had existed in the proposed location in the 1960’s and was removed because of its hazardous condition. The City has no record of the structure. Members also noted the consistent pattern of locating detached garages within the street yards of the properties along this section of Casco Point Road. Statement of Hardship Please refer to Exhibit B, hardships are reviewed as follows: 1. Applicant notes there is no outdoor seating areas at lakeside of residence, either at grade or upper level of residence. 2. The property does not have a garage. 3.The pattern of locating garages at substandard setbacks in street yard appears to be consistent with surrounding properties and immediately adjacent properties. The existence of two mature trees and plantings in yard has defined location of structure. 5. 6. The garage will be located within the approximate footprint of the former garage. Adjacent property owners have installed garages approximately V from applicant's side lot line and have noted no objection with applicant's improvement plan Planning Commission Recommendation The Planning Commission recommended unanimous approval of the application as amended and as shown in Exhibit I of the exhibits approving a 0.6% structural coverage excess, hardcover variance of 3.5% in the 75-250' setback area, side setback variance of 8' for detached garage and street setback variance of 12'. Approval was conditioned on applicant amending the garage plan to reflect the removal of the exterior access staircase at the east side of structure. i’ Request for Council Action continued Page 5 November 5, 1996 #2179 Theresa Norsted, 2811 Casco Point Road As already noted above, the applicant has asked to amend the application since Planning Commission's approval asking for a 22* x 26' detached garage based on the location of the neighbor’s mature tree and the need to protect the root system. Factual findings for variances remain the same. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission recommendation and now includes the 22' x 26* garage rather than the 24 ’ X 24* garage in the original proposal. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (C), 10.22, SUBDIVISION 2 AND 10.25, SUBDIVISION 6 (B) FILE NO. 2179 WHEREAS, Theresa A. Norsted (hereinafter "the applicant") is the owner of the property located at 2811 Casco Point Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 122 and vacated Lakeshore Avenue, Spring Park, subject to 40 foot road easement, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.03, Subdivision 14 (C), 10 22, Subdivision 2 and 10.25, Subdivision 6 (B) to permit construction of 22’ x 26’ detached garage to be located 18 ’ from the street lot line where a 30' setback is required; garage structure is to be located 2' from the side lot line where a 10’ side setback is required; structural coverage is proposed a 15.6% where 15% is required by code; and a hardcover variance within the 75-250' setback area proposed at 2,373.45 s.f or 28.5% where the code would allow 25%. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2179. V. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District requiring one-half acre in area. The property consists of 13,747.5 s.f or .3 acres. 3.The Orono Planning Commission reviewed this application on October 21, 1996 and recommended approval of the variances as amended based upon the following unique findings or hardships; Page 1 of 4 5. A B. The propert>' does not have a garage. The proposed garage is located in the approximate footprint of a former garage that was razed in the 1960's The applicant does not have an outdoor seating area at either grade upper level of lakeside of the residence. D The setback of the proposed detached garage would be consistent with the pattern of development of the surrounding properties and immediately adjacent properties The desire to save two mature trees within the street yard has determined the location of the detached garage. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district, that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty, is necessary to preserv'e a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 14 (C), 10.22 Subdivision 2 and 10.25, Subdivision 6 (B) to permit the construction of a 22' x 26' detached garage and two level 7' x lO'/z" deck at the southwest comer of residence resulting in an Page 2 of 4 J excess of structural coverage of 88.4 s.f or 0.6%, a hardcover variance of 295.95 s.f or 3.5%, a street setback variance for the detached garage of 12' or 40% and a side setback variance for the detached garage of 8' or 80%. This approval is subject to the following conditions; 1. Upon application for a building permit, applicant shall provide an amended survey locating 22' x 26' garage and 7' x lO'/z' two level deck and access stair. The 22' X 26' garage shall be served by an interior access stair to serve the upper le\^el. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 12, 1997). 3. 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. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. # Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of November, 1996. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner (s) Page 3 of 4 f STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of November, 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 e.xecuted on b 'half of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ^ 199 _before me a Notary Public within and for said county, p^'^’onally appeared known to me to be tho person(s) described in and who executed the foregoing instrument, and acknowledged that he (the> > executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this day of j 199 _before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 Application ft Date Received Amount Paid J t ^ 7 -^ y A // CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 (S 50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 After-the-Fact Fee (Double application fee) .* J I /7r / cr I• » PROPERTY INFORMATION - /JsiKAddr«s ./.r// ^(vr/rxr?d. A'/l' '^^39/ Propert>' Identification Number (P.I.D.). 4 ^ ' - At;ach lepal description to application if not included on required survey. Date Property Acquired / ' _____________________________(monthVear) I (do) no^also own the adjacent parcels of land. Present use"of property; N residential ____mother (specify ) Zoning District;_____________________________________ APPLlCAig:^ /;/ ^ / Name / /1^ ______ Address: City:. Phone (home ) ^ Phone (w ork ) 3 7/- / Ai/rr/Uj Zip: S'S'3^/ 0^^'NER (if different than applicant) Name _____________________ Phone (home) Phone (work)_ Address:City':Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ o/i - ^i\L Describe request in detail: ' ^ I ( ------------------------------—-------- (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width Hardcover Lot Coverage Setback:l/FrontAfvW I/" Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or uni^^ property conditions preventing \.x.-irh 7nninp Code reauirements: ___________________________ (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must he submitted by the application deadline date in order for vour application to be considered complete: 1. "y j. 4. 5. 6. 7. 8. Completed Application Form Certified Propert>- Owners List of owners within 150 ’, labels and plat map (you must obtain this list, labels and map trom Hennepin Cuunt>’ Department o: Finance, A-603. Govi Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'/i" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in e.xisting grade are proposed. In addition, provide one (1) copy Sl'i" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy S'/i" x 11"). List of the legal names (include marital status) of all persons vvith 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 anach 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 Propert>' Owner must sign this application. Please remember that youE 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 additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. ' ’ ' - // /// / Applicant ’s Signature - . ^ x,-' ^ _______ Date 7/ / .>/ 7^______ OWTMER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entrv' onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Owner’s Signature / 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 arranacments to have an authorized agent attend in yoiU place and to advise the Building & Zoning Office of this change prior to the meeting. 8 • • * • » t. / •* 4 t /. ( . A^ '^/z^c'd/ ^ 1^' AiM ^ 7^ AA/d A/'/^y^^.(- y24V4 ^ J ^ ■mAd^{:'-'f^ '^' A//d' t?7//' ^^Ak. (d/c-' U'i'/U L^ -' '^' d'/A'A^ /Ad-Az -yA^' jk/Ae ^dPiA^ AaIaL^ / '' ir — #] ^'5 H -^V r*.'•n I '<\j O* i Vtic r J u Ol <- j /'/ e / 2 I.' /j/7/ ^yz' /z /I-'f‘'^70^^' /L. c-,i7.c'i^7<( _ V7A ■/ic u- ^\U-(y ‘■CU C 7ir‘~yP'l^^< la//^ mVU'Tlj''^ .^^f'/’T'c^A'^ J —''ate Avz<:/>7/2/y. J/4a y M/iy ic. 441 ^/M7^:fi^ry/ ayiKJ <y7zf.ee/ knHf>y tY O /icc.'M .ce<-' /p-yfeYe/:} fpiLi y 1/f py/jy —' ^-yy/yTyey. -Je .yyedpp/^^ ■r/// r,yzfy<^. vy^>y J/yfXy </: ^ ’-/ /r?y cyy^iY rr / JJ..-1 t • . < • •-V •.TV \ ‘..i 1 RUN DATE 06/16/96BATCH 501PROP ADDR OHNER NAME TAXPAYER NAME/ADOR PROP ADDR OHNER NAME TAXPAYER NAME/AODR PROP ADDR OHI^R NAME TAXPAYER NAME/AODR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR i!i Se 20-117-25 52 0010 02817 CASCO POINT RO HESLEY C BYRNE HESLEY C BYRNE 2817 CASCO POINT RO HAYZATA HN 55591 58 20-117-25 52 0015 02811 CASCO POINT RO THERESA A NORSTEO THERESA A NORSTEO 2811 CASCO POINT RO HAYZATA MN 55591 58 20-117-25 52 0016 02800 CASCO POINT RO THOMAS B KING THOMAS B RING 2800 CASCO POINT ROAD HAYZATA MN 55591 38 20-117-25 32 0020 02799 CASCO POINT RO TOOO J TItEILMANN TOOO J THEILMANN 2799 CASCO POINT RO HAYZATA MN 55591 HE^#^EP1N COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OI«4ERS LIST REPORT NO. PIA5S401 PACE 158 20-117-25 32 001102615 CASCO POINT RO G A C SCANLON GENE A CATHERINE SCANLON 2815 CASCO POINT ROAD HAYZATA MN 55591 58 20-117-25 52 001202815 CASCO POINT RO J L STERN J L STERN2815 CASCO POINT RO HAYZATA MN 55591 i58 20-117-25 32 0014 02007 CASCO POINT RO J H A P S BAILEY JOHN M A PATRICIA S BAILEY 2807 CASCO POINT RO HAYZATA rt4 55591 36 20-117-23 32 0015 02805 CASCO POINT RO ROGER K FROrtCLT A NIFE ROGER H FROMMELT 2805 CASCO PT RO HAYZATA MN 55591 58 20-117-25 52 0017 02018 CASCO POINT RO TAFtlY L HOODIS TAMMY L HOOOIS 2010 CASCO POINT ROAD HAYZATA MN 55591 38 20-117-25 32 0019 02801 CASCO POINT RO P J HAUSER A R MASON HAUSER P J HAUSER A R MASON HAUSER 2801 CASCO POINT RO HAYZATA MN 55591 ^ Qm TOTAL BATCH 501 00010 -a: 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AW TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY Ti^TION* TO THE BEST OF MY KNOHLEOGE AND BELIEF. DATE tLQ DE'-..' Eflj Fh - C i^E'h FELLE ORONO SETBACK ZONE? £20; r=, : 'i<41-T'0?C' ' ^6'I2A730510 Jun 14 ' ?r. 07:?T' PijjQ6/UtiV0 »u; LI- •w**/w*' EjB^LCtXATION WORKSHEET SCO-ti . r T#»v A. Houm ______ tRn|th /J Mq*4 iC / ^ _ ____S____ \ X X Widtf)S.F. B Qutj.t C. Driveway D & X X X £■ Fttio'Oeck X X F. Lxndicipe Undtrlxin By Plftiiic Of Fxbnc X X X 5 F S F S F. S F 5 F / 9 ‘T - — C —S.F. S F. S F S F __S.F __ S F. SF. 0. Other TOTAL HARDCOVER IS ZOSE total propertv area in zone ^--------------------+ B S.F. X 100 . PlOPOSED HA»nrov-|-a A. Houw ■f4?7.r SF - % Ltntii Wide X X X B. Gxrx|e C. Driveway S.F. S.F. S.F D. Sidewalk £. Rxtio/Deck F. Ltndtcxpe Underlain By Plutic Or Fabric X X X S.F. SF. 5.K 0. Other TOTAL HARDCOVER IN ZONE total propertv area in zone S.F. A B X 100 S.P. S.F. A B I'BJ ENG Ph-’ChFIihF.ELLE Fd : G41-T0T0 ORONO HARDCOVER CALCUL SETBACK ZONES (CIRCLE ONE) 0-7f’ Jun U 07:?7 POT ORKSHEET 250-S(H)*SOO-l A (Houie Lct|9\Widjii SF B Gtrafe C. Oriveuay 0. Sidevialk E. Paiio'Deck F. Libidsctpe Underlain By Plastic Or Fabric O. Othar \ % a /r S F SF S F X X JJz^. TOTAL HARDCOVER IK ZONE TOTAL PROPERTY AREA IN ZONE * 100 - Lcnith Widtfi D. Garage , C. Driveway 'i r ' D. Sidewalk C. Patio/Deck • I* *' F. Landscape Underlain By Plaiiic Or Fabric m 18 / > /' c // O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE •J -I ') -'f 1 I o X 100 - S F. .SF S.F. SF. SF. S.F S F. SF. SF 5F s F. ^ / 7. ' % -• - ■ S.F. * —1 SF. S.F. SF. S.F. - (r S.F. S.F. *---- S.F. S.F. S.F. S F. S.F. S.F. S.F. S.F. •* '-j • .*• i • - ✓> A B 8.P, S.F, A B COoo• 0 lU-N /•xi“-i: Z / if^oa^ T^TOfia^ ^•napr^-^ts^/ f 'ft¥Z(S<O.C^. ptrrefV ./ B^fisrao 1^5^ 1 j -IjQ ty (£• *T a: •• LiJo \- ■“ C3 UD 5 z : v--r-o" u •-)o oooUiin•iCL-J •I H O H * ■0£V/977c7y !V V-i> "Ji? t I 1 'i CPO IR ’QR t«? fC, *4' m3*C1>r(3l9) 1992-019)•OO j*qujtn J«jue <U»o *H’0 -m :«»a ^ WO«l,|0«|lYJiiimSNVUiXVjl 1, 2?/ ~ If ":.w* .5 8 § K ' -4» \ * f.-v i. (' t. - • •i;:^ »..^ \\ .4^- f‘i Q. '<n bC>/ a^'^rv^ /fou££L ^ V itje^iCtUT^L *^/j^/.. ^A^-t35L IS C4 I I <N V4?> <x 1—4 \ I E Z~(P<^ - '■^r Z’-ag- 8^ H- LJ f—I -y B'gcJfx^ H ; L- X o 1. I- 20^ i\ Kocyyi ;/V At^c 'jr<^ss^ c, ^i 'o.c,. if 9<7»Mcte»Z ^tloj. ccr»c AT.^.JL,1. i . Vf A—.' U B *#9-0 Z^tO-\ <JJ^ ------------------- t f' /. _________ ' •• ' ■'' P/nr)?- fZ/^J i i up ^ # • *• 'A \ • C.H.CPFPEf^TEPA'ICTOPiH Fax:612-443-2344 Sep 11 *96 13:31 P.02/02 •s i iii zV-O " 7 1 K " I ^oc/yf w f^njc t 'iVil4 o /Vti. ■----------- AJ^I'O , .... • ^2.'<9^ >A<. -• >■ a X I .- c r* « < • o c I •-> • o =:t? I ?: •a.a:'? PAi3E . 002 \/aCertificata of Survey for Leonard P. Bachkes of Lot 121, Spring Park Hennepin County, Minnesota ¥ #■ #■' I hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 121 in Spring-'Park and all the unplatted land, and that portion of Lake Shore Avenue vacated lying between lot 121 of Spring Park, and the side lines of said lot projected to Lake Minnetonka, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County,and of the loc< atlon of all buildings thereon. It does not purport to show other improvements or encroachments. GORDON R. COFFIN CO., INC. Mark S. Gronberg Reg. No. 12755 Gordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors Long Lake, Minnesota Scale Date o 1 inch = 40 feet August 13, 1984 Iren marker Certificate of Survey for Leonard P. Bachkes of Lot 121, Spring Park Hennepin County, Minnesota E hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 121 in Spring/Park and all the unplatted land, and that portion of Lake Shore Avenue vacated lying between lot 121 of Spring Park, and the side lines of said lot projected to Lake Minnetonka, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County,and of the loc. ation of all buildings thereon. It does not purport to show other improvements or encroachments• GORDON R. COFFIN CO., INC. Mark S. Gronberg Reg. No. 12755 Gordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors Long Lake, Minnesota Scale: Date : o : 1 inch = 40 feet August 13, 1984 Iron marker i; h* !•., . f--1 i *. CITY OF ORONO r.nn-;.Ai.| _ CnADIMGPli\N KAP!-; < :> ______________ OAI E _____ (£xT^A.io/^ STP1-/^S ~fo \ Cq, '^Vc. 's .• REQUEST FOR COUNCIL ACTION ^ j DATE: NovemS3fQ>tA996 % Il'EM NO ■: 1 ■<L Department Approval: Name Jeanne A Mabusth TTtk Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2183 Charles L Kramer, 2990 Somerset Lane - Conditional Use Permit - Resolution Zoning District: RR-IB Lot area = 2.43 acres (1/2+ acre of Type 7 wetland not classified as a designated wetlana per wetland maps of the City) Application: Applicant has filed a conditional use permit that would allow the dredging of open water areas within the two, Type 7 wetlands within his homestead parcel, Lot 4. The alteration of wetlands not protected by the City ordinances will not require variance approval. The following ordinance is pertinent for this review: 1 Section 10.03, Subd 19 - Conditional use permit is required for land alterations involving earth movement in excess of 100 cubic yards. The proposed land alteration involves the excavation and filling of over 500 cubic yards of material. FJst of Exhibits A - Application B - Plat Map C - Property Owners List D - MCWD Permit E - Gustafson Report F - Covenant of Dedication - Wetland Protection Involving Old Crystal Bay Road Addition and 2nd Addition G - Proposed Improvement Plan H - Preliminary Plan Locating Type 7 Wetland I - Filling and Mitigation Plan for Old Crystal Bay Road 2nd Addition J - DNR Wetland/Type 7 K - Smyth Report, 10-25-96 Description of Request Applicant proposes the dredging of two Type 7 wetlands on his homestead property and placing spoils within adjacent Lots 2 and 3 also owned by applicant. Review Exhibits G and H, filling of spoils within Lot 3 is being placed close to the Type 2 wetland. The engineer has asked that prior to the placement of fill that applicant's surveyor stake the edges of wetland Request for Council Actiori continued Page 2 November 6, 1996 #218? Charles L Kramer, 2990 Somerset Lane to ensure adequate distance is maintained from wetland area The engineer's report recommends a 26' setback This is a setback required for all land alterations adjacent to protected wetlands of the City Staff recommends that the protected wetland within the northern portions of Lot 2 be staked in the field to ensure the minimum 26’ setback from proposed fill (review Exhibit G) Septic test sites on Lots 2, 3 and alternate on 4 must be staked prior to any earth movement. Staff found the wetland located in the northwest comer of the property to be severely degraded and would not classify the wetland as a Type 7. Creation of open water area within the low retention area would create an upgraded wetland along with benefit to varied species of wildlife. The wetland located within the street yard is of more concern for staff The wetland has been classified as a "high quality Hardwood swamp", review Exhibit K. Review Exhibit J, the DNR informatioii lists several species of wildlife that benefit from this type of wetland John Smyth, an aquatic specialist at Bonestroo, has been asked to review the proposal He advises that this is a true Type 7 wetland and shows no sign of degradation and that these are rare and should be protected The creation of an open water area would not raise the value of this wetland There are several mature trees within the wetland. Based on the design specs provided in the alteration plaa Exhibit G, it would appear that the majority of trees would be eliminated. Staff has discussed this concern with Mark Gronberg and he noted that it is applicant's intention to attempt to save the trees with the creation of an irregular pond for the purpose of encouraging other forms of wildlife Planning Commission Recommendation Based on Smyth's strong recommendation to save this wetland, the Planning Commission recommended against any dredging or disturbance of the "Hardwood Swamp" in the southeast corner of applicant's property They approved the dredging of an open water area in the wetland at the northwest corner and placing of spoils on Lot 3 only - no filling is approved within Lot 2 Prior to the land alteration, the wetland on Lot 3 must be staked and septic systems on Lots 3 and 4 fenced off from construction vehicles. It shall be applicant's responsibility to maintain adequate erosion control until ground cover is restored to entire disturbed area Applicant to provide detail on final slopes of banks of the pond. Per MCWD permit, the wetland plantings are to be seeded at a minimum WA' width around the edges of the pond. Applicant is encouraged to plant appropriate species of tiees within Hardwood swamp at southeast corner of property and, if desired, remove the buckthorn stand between road and wetland but this must be conducted under close supervision and direction of Orono staff I Request for Council Action continued % A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE NO. 2183 WHEREAS, Charles L. Kramer (hereinafter the "applicant") is the owner of the property located at 2990 Somerset Lane within the City of Orono (hereinafter "City") and ieg^y described as; Lots 3 and 4, Block 3, Old Crystal Bay Road 2nd Addition, Hennepin County, Minnesota (hereinafter "property"), and WHEREAS, the applicant has applied to the City for a conditional use permit to permit the dredging of open water arear within Type 7 wetlands for the purpose of creating wildlife ponds per Municipal Zoning Code Section 10.03, Subdivision 19. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1 2. This application was reviewed as Zoning File #2183 The property is located in the RR-IB. Single Family Rural Residential Zoning District requiring two acres in area. Lot 4, applicant ’s homestead parcel, consists of two-plus acres. On October 21, 1996, the Orono Planning Commission reviewed the application as proposed and recommended approval of the application as amended. The approval was based on the following findings: The wetland within the northwest comer of applicant's homestead parcel has been degraded through the years. The creation of an open water wildlife pond will result in an improved or upgraded wetland providing greater surface runoff detention and habitat for wildlife Page 1 of 5 4. The City Council finds that granting a conditional use permit to allow the dredging of open water area within the Type 7 wetland located to the northwest of the property 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 properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above f.ndings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the dredging of an open water area within a Type 7 w'etland and the placing of spoils on upland areas on applicant's adjacent property, subject to the following conditions; 1.This permit does not include any approvals to alter or dredge areas within the Type 7 wetland, "Hardwood Swamp", located in applicant’s street yard or at the southeast corner of property. The City recommends that the wetland remain in its natural state and that applicant be allowed to plant appropriate species of trees and other aquatic vegetation. Prior to any planting within the Hardwood Swamp, applicant shall provide a schedule of the plantings for review of City staff. Plantings shall be under the supervision of the Inspection staff Prior to any dredging or filling activities on the propeny. applicant or applicant’s representative shall be responsible for staking the Type 1 or 2 wetland located within Lot 3 to the immediate north. In addition, applicant or applicant’s representative shall be responsible for fencing off septic sites on Lots 3 and 4. Applicant/owner shall be responsible for maintaining adequate erosion control until ground cover is restored to entire disturbed area Page 3 of 5 The excavation of the pond within the northwest comer will have no impact on drainage of adjacent properties Spoils from the dredging will be placed on upland areas on Lot 3 at a minimum 26' setback from the protected Type 1 and 2 wetlands within the northern portions of Lot 3. John R. Smyth, an Aquatic Scientist with Bonestroo, Rosene, Anderlik and Associates, in his report dated October 25, 1996, makes the following findings concerning the Type 7 wetland located in the front yard or southeast corner of applicant': property; The wetland meets MinRAM High Quality Hardwood Swamp standards Excavation of this wetland would greatly degrade the system which exists. High Quality Hardwood Swamps are not prevalent in much of this metro area and should be preserved when possible. MinRAM defines a High Quality Hardwood Swamp as having the following characteristics; Stands undisturbed or minimally disturbed by ariificial drainage, grazing, logging, impoundment, filling, etc Seedlings and/or saplings of native tree species evident indicating regeneration Groundlayer composed of native grasses, sedges, ferns and/or forbs Box elder, buckthorn, and/or reed canar>' grass, if present, each have less than 10 percent cover. The inspection of the wetland confirmed that the wetland community contained predominantly American elm with a groundlayer dominated by hop sedge and bristle pinkw'eed. Reed canary grass and cattail comprise less than 10 percent of the wetland and are isolated in one end. Page 2 of 5 J ATTEST Applicant shall abide by all conditions set forth in the MCWD Permit 96-183 approved September 16, 1996. Authorities granted with this conditional use permit run with the property not with the applicant but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or this permit will expire on that date (November 12, 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, anJ 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, s ccessors 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 12th day of November, 1996. Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) Page 4 of 5 1 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of November, 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 STATE OF MINNESOTA ) ) 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 ihe foregoing instrument, and acknowledged that he (they,' executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 >* / It • V-; ft Application H . T/^J? Date Received ^ u 1 -9^' Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION ] \I PROPERTY LOCATION Site Address 2 59^ Type of Application to be Filed C s>a -'^/f^f/i^ >t_{Ck^C/^ Property Identification Number (P.I.D.) ~ ~__ij—Lii/------------------------ APPLICANT Phone (home ) V- ; Name rz/J/UfT 1. k/lAMftl _____ Phone (work)---------------------- Address City ,---------------^*P—5"S^SC'- 0\VNER (if different than applicant) Name _____________ Phone (homeX Phone (work) Address Cit\^Zip. Date Property Acquired______________________________________ I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____S 75.00 For each variance request with CUP application _____$i . :.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) $225.00 Guest House/Guest Apartments _____$200.00 Duple.x Credit/Bldg ______$300.00 Commercial/Industrial Use V $250.00 Land .A.lteration X Grading and filling - designated wetland or floodplain ____ Grading and filling - 101 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) ~~ .|\fter-the-Fact Fee - Double Current .Application Fee (month/year) OTHER APPLICATIONS ______$250.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation $200.00 Easement Vacation $100.00 Easement Vacation With Subdivision S350.00 Rezoning (PUD - refer to fee schedule) ______$350.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property X Residential Other (specify). REQUIRED SUBMITTALS 1. _____ Completed Application Form. 2. _____ Describe request in detail. 3. Certified Property Owners List of owners within 350', labels and plat map 'you must obtain this list, labels and map from Hennepin County Department of Finance. A-603. Government Center, 348-3271). _____ Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. Topographic sur\ey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the property. ^This would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11” X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above infomiation has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: ---------------------------------Date------------------------------------- 4. 5. 6. 7. 8. 9. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. .Applicant ’s signature Date O^VNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authori.’ed reasonable entry onto the propert>- by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Applicant must have all submittals into the Cit>- ofHces 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third .Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. RUN DATE 09/19/96BATCH 503PROP AOOR ONNER NAME TAXPAYER NAHE/ADOR PROP ADOR OKNER NAME TAXPAYER NAME/ADDR PROP AOOR OltlER NAME TAXPAYER NAME/ADOR PROP AOOR ONNER NAME TAXPAYER NAME/ADDR PROP AOOR ONNER NAME TAXPAYER NAME/ADDR PROP ADOR ONNER NAME TAXPAYER NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST36 04-117-23 21 000102985 NATERTONN RO MARGARET T TRONBRIDGE MARGARET T TRONBRIDGE 2985 NATERTONN RD LONG LAKE MN 55356 38 04-117-23 21 0007 00080 HEAR LA G A C OE SANTIS GARY A CHERYL DE 80 NEAR LA LONG LAKE MN 55356 SANTIS 38 04-117-23 21 0011 02990 SOMERSET LA C L A G C KRAMER CHARLES A GEORGAYN KRAMER 2990 SOMERSET LA LONG LAKE MN 55356 38 04-117-23 21 0016 00038 ADDRESS UNASSIGNED OLD CRYSTAL BAY RD ASSOC ROBERT HARE 1600 LONG LAKE BLVD ORONO MN 55356 38 04-117-23 22 0012 00145 CYGTiET PL GORDON V JONES GORDON V J0^4ES 145 CYGNET PL LONG LAKE MN 55356 38 04-117-23 00100 CYGNET VIL OF OROTK) CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 22 0022 PL 55359 38 04-117-23 21 000500020 HEAR LA J A D MORTONJAMES B A DOROTHY A MORTON 20 NEAR LALONG LAKE MN 55356 38 04-117-23 21 0008 00038 ADDRESS UNASSIGNED EST OF RUTH F NEAR CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55359 38 04-117-23 21 0012 02920 SOftERSET LA STICKNEY A SCHNARZ BLDRS INC STICKf^Y A SCHNARZ BLDRS INC 315 LAKE ST E NAYZATA MN 55391 38 04-117-23 21 0017 00038 ADDRESS UNASSIGNEO OLD CRYSTAL DAY RO ASSOC INC ROBERT HARE 1600 LONi LAKE BLVD ORONO MN 55356 38 04-117-23 22 0020 00160 CYGNET PL P A DEBERNARDI A J L OLSON J L OLSON A P A DE BERNARDI 160 CYGNET PL LONG LAKE MN 55356 38 04-117-23 22 0023 00130 CYGNET PL MARGARET D ROSSING MARGARET 0 ROSSING 130 CYGNET PL LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 1038 04-117-23 21 000600050 NEAR LA D A J HILLDAVID M A JEANETTE P HILL50 HEAR LALONG LAKE MN 55356 38 04-117-23 21 0010 02995 NATERTONN RD GEORGAYN C KRAMER GEORGAYN C KRAMER 2990 SOMERSET LA LONG LAKE MN 55356 V* ‘t 38 04-117-23 21 0013 02850 SOMERSET LA ORONO LIMITED PARTNERSHIP ORONO LIMITED PARTNERSHIP 7808 CREEKRIDGE CIR t310 BLOOMINGTON MN 55439 / > 38 04-117-23 22 0011 00135 CYGNET PL H R ANDERSSON A E E HORIARTY H R ANDERSSON A E E MORIARTY 135 CYGNET PL LONG LAKE MN 55356 38 04-117-23 22 0021 00190 CYGNET PL R A HOHRMAN A R A HOHRMAN RONALD A A ROBIN A HOHRMAN 190 CYGNET PL LONG LAKE MN 55356 38 04-117-23 22 0028 03045 NATERTONN RO BRUCE C A KATHRYN BRUCE C A KATHRYN 3045 NATERTONN RO OROfK) MN 55356 S HALL S HALL RUN DATE 09/X9/96BATCH 503PROP AOOR OHNER NAME TAXPAYER NAME/AOOR 58 09-1X7-25 22 0029050X0 SOMERSET LA H 6 S S J CARSON HALLACE 6 A SHARYL J CARSON 6080 CHESHIRE LA PLYMOUTH MN 55496 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST58 04-XX7-25 22 0050030X5 MATERTONN RO GEORGAYN C KRAMER GEORGAYN C KRAMER 2990 SOMERSET LA LONG LAKE MN 55556 REPtmT NO. PI43540X PAGE XX38 04-XX7-25 22 003205085 MATERTONN RO THOMAS R A CHRISTINA M SMIEJA THOMAS A CHRISTINA SMIEJA 3085 MATERTONN RO ORONO MN 55356 PROP ADOR OHNER NAME TAXPAYER NAME/ADDR 38 04-XX7-25 22 0033 03065 MATERTONN RD EQUITY LENDING INC EQUITY LENDING ATTN JUDY 6800 FRANCE AVE S tX90 EDINA FM 55435 38 04-XX7-23 22 0034 00038 ADDRESS UNASSIGNED THOMAS R A CHRISTINA H SMIEJA THOMAS A CHRISTINA SMIEJA 3005 MATERTONN RO OROrn MN 55356 38 04-XX7-23 23 001100X85 CYGNET PL CALVIN PRESBYTERIAN CH ORONO CALVIN PRESBYTERIAN GRAND AVE A GLENDALE LONG LAKE FM 55356 n k ' PRO' ADOR OHNER NAME TAXPAYER NAME/ADDR PROP AOOR OHNER NAME TAXPAYER NAME/AOOR 38 04-XX7-25 23 00X4 00220 CYGNET PL N 0 A L G PELLMAN NEO A LINDA G PELLMAN 220 CYGNET PL LONG LAKE MN 55356 38 04-XX7-23 24 00X9 029X5 SOMERSET LA S ORESSEN/R ANTOINE-DRESSEN S DRESSEN/R ANTOINE-DRESSEN 725 OLIVE AVE N PLYMOUTH MN 55447 58 04-XX7-23 23 003X 03020 SOMERSET LA R P HARE V A 8 R HARE ROBERT A BENTE MARE 5020 SOMERSET LA ORONO MN 55356 58 33-XX8-25 33 OOOX 03020 MATERTOI44 RD R M STUBBS ET AL M/L EST RENA M STUBBS 3020 HATERTOI'IN RD LONG LAKE MN 55356 38 04-XX7-25 24 00X8 02975 SOMERr*-^ LA COFFIN CORNERS PARTNERSHIP JOE A TERESA LAHTI XX80 PHILLIPS OR LONG LAKE MN 55356 38 33-X18-23 34 0006 00055 NEAR LA N COLSON CONSTRUCTION INC COLSON CmSTRUCTION INC 2X470 EXCELSIOR BLVO EXCELSIOR MN 5533X ■£ PROP ADDR OHNER NAME TAXPAYER NAME/ADDR 38 33-XX8-23 34 00X0 02935 NEAR CIR H HOFFMAN A S HOFFMAN HUGH A SUSAN HOFFMAN 6X55 CHASEHOOO PKHY 83 MIM4ET0NKA MN 55343 38 53-X18-23 34 OOlX 00038 ADDRESS UNASSIGNED NEAR ENTERPRISES PARTNERSHIP WEAR ENTERPRISES PARTNERSHIP C/0 WILLIAM N WEAR PO BOX 245 LONG LAKE MN 55356 TOTAL BATCH 503 00032 V-u RUN DATE Of/19/96 HENNEPIN COUNTY PROPERTY 1NF0RMATI»I SYSTEM PROPERTY OI-WERS LIST REPORT NO. PIA35<^01 PAGE 12BATCH SOS t. F >** : CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEN^SPIN COUNTY DEPARTMENT OF PROPERTY TAXATION» TO THE BEST OF MY KNOMLEDGE AND BELIEF. DATE i'' i: /• t hV • •• Gray Freshwater Center Hwys. IS & 19, Navarre Email: adminOmnwatershed.org Web Site; www.mnwatershed.org 3oard 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 Oisirict Office: Eugene R. Strommen Oisirict Director Suzanne M. Weedman AssL District Director Minnehaha Creek Watershed District 0% • • Improving Quality of Water, Quality of Life Mail: 2500 Shadywood Road Excelsior. MN 55331-9578 ’ Phone: (612) 471-0590 Fax:(612)471-0682 Pruutd on rtcydtd popo# conommo at toast pest oofttumor wrasio. September 16, 1996 Permit Application No. 96-183; Applicant: .V < Charles Kramer 2990 Somerset Lane . Long Lake, MN 55356 Location: Purpose: Dear Mr. Kramer: City of Long Lake. NW 14 4-117-23 Lots 3 & 4 Block.. E.xcavation of two w'etland areas to create wildlife ponds. .. • ' t At the regularly scheduled September 12, 1996 meeting of the Board of Managers, the subject permit application was reviewed along with the following exhibits: 1. Permit Application 96-183 received August 15. 1996. 2. Site plan received August 15, 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 $78.05. ................- With the special condition to be on the permit: 1. The native vegetation placed around the wildlife pond is 16.5 feet or greater in width and activities including but not limited to mowing, yard v/aste disposal, and fertilizer application shall not occur within the wetland buffer zone. Please be advised that the project is not authorized until the above has been submitted and you have been notified of permit issuance. • • M ■ I U • Sincerely, WENCK ASSOCIATES, INC. Engineers for the District Alan A. Mackenthun Civil Engineer ‘ i •• • # • I • #• AAM/jrw cc;City of Long Lake Mr. Mark Gronberg, Coffin and Gfonberg Minnehaha Creek Watershed District i« # •• H;V)l ISVOI •I54\WORO\LCK091 66. LTTk* AAM-ljv L,i * • « • •• ' H •»« «•I# • ^ I Bonestroo Rosene Anderlik& |\ I Associates Engineers & Architects Boncsrroo. ^osenr Anderhk jnn 4sj?t».»re$. Inc is Affirm.tfye Ac non £(jo**i Opportunity Empic>ver Principals Otto G Bonestroo Pf • Joseph C Anderhk PE • M<^rvin L Sor^^t^ PE • Rtcn,«rd E Turner PE • Glenn R Cook PE • Thom.»s £ Noves PE • Robert G Schunar^t P£ • Jerry A Bourdon. PE • Pohe't W Posene PE .»nd Sus.*n M Eberl.n C P4 Senior Consultants Assotuite Pr,rc>p^tis Ho sard A Sanford P£ • Kt-itn a Gordon PE • Robert R PfefferJe PE • Ritha'd W Foster PE • David O Loskota PE • Robert C Russek Al A • V.vn A Hanson P£ • Vichaei T Rautm mn PE • Ted k F*eid PE • Kenretn P Andersor Pf ■ M,»rk p Rolfs PE • Sidney P Williamson PE L S • Robert F Korsm.tn Of^'ces St *’aul Rotnfster »nd Sr Cloud VN • Vequon Wl 4 4 Ociober 16, 1996 t/ I n/n 'V/ %.t/M Z'' 4 4 Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 Cr. stal Bav. Minnc.sota 55323 OCT" 1 6 1996 Re:Kramer Ponds File No. 139-2183 Dear Jeanne, We have reviewed the proposal to create two ponds within existing wetlands at 2990 Somerset Lane, located on Lots 3 & 4, Block 3, Old Crystal Bay Road 2nd Addition. We have the following general comments in regards to excavating ponds within wetlands. The two ponds are shown at a depth of four feet with relatively flat side slopes which are desirable for wildlife ponds. We would expect that both of the ponds would have permanent open water with cattail growth around the perimeter. The wetland behind the house is isolated and fairly degraded. The wetland in front of the house is part of a larger wetland area which is mainly wooded. Excavating the pond in this area would require that nearly all of the trees be removed. There are several types of wooded wetlands which ire desirable and should be protected. We would recommend that a wetland scientist be used to get an opinion as to the quality of this wooded wetland, and that no excavation be done in this area unless it is considered a degraded, low quality type of wetland. Due to the filling proposed near the wetland on Lot 3, a delineation should be performed with the boundaries staked in the field. The spoils area should be no closer than H feet from the edge of the wetland boundary. Please contact me at this office if you have any questions regarding this matter. Yours very truly. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. 2335 West Highway 36 ■ St. Paul, MN 55113-3898 • 612-636-4600 STATE OF MINNESOTA ) COUNTY OF )ss. COVENANT OF nmrr atihn The undersigned, Orono Limited Pannership, a Minnesota Limited Pannership and Coffin Corners Pannership, a Minnesota Pannership now stipulates to the following statement of facts; and the undersigned ainher agrees to restrict the use and title of the realty described in Exhibit A to this document (hereinafter referred to as Exhibit A) in accordance with the terms and conditions set fonh herein. STIPULATIONS OF F^PT >• I Tiui the undersigned Orono Limited Pannership is the applicant for a Corps ot Eng,nee.-s permit number 9-1.02434 NW JJY. 33 CFR 330 - App. A. Natiomvide permit numoer (.6) to develop wetland; and that the U. S. Army Corps of Engineers has regulator junsoictton of said wetland pursuant to Section 404 of the Clean Water Act (33 use lj44j. ^ Coffin Comers Pannership is the Contract for Deed enaor or Lots I - 6 inclusive. Block 3, and Lots 1 - 4 inclusive, Block 4, Old Crystal Bay Roaa Second Addition. Hennepin County, MN and the undersigned Orono Limited Pannersnip is the owner in fee of the real estate described as Lots I - 5 inclusive, Block 1 and Lots 1 - 6 inclusive. Block 2, Old Crystal Bay Road Second Addition’Hennepin Coumv. MN and IS the Contract for Deed purchaser of Lots I - 6 inclusive, Block 3 and ots 1 - -i. inclusive. Block 4 Old Crystal Bay Road Second Addition, Hennepin County, .vliN That a ppnion of the real estate described above is a wetland under the reguiato.T junsdiction of the St. Paul District of the U. S. Army Corps of Engineers pursuant to Section 404 of the Clean Water Act. 4 That the undersigned applicant and the St. Paul District of the U. S. Army Corps or Engineers have reached an agreement whereby the undersigned applicant will be permitted to develop a ponion of the wetland in accordance with the terms and conditions of Corps or Engineers Permit number 94-02434 NW JJY, 33 CFR 330 - App A Nationwide permit number (26), and, that in consideration for the permittee to develop the wetland, the undersigned will mitigate the adverse environmental effects resulting from the development by dedicating the easements as defined in the attached Exhibit A for perpetual use as a conservancy area in accordance with the terms and conditions of this document and the above mentioned permit. PCiUe ' )r’a 5. That the above mentioned dedication shall consist of the execution of this document by all parties necessary to restrict the use and title of the easements as defined in the attached Exhibit A; and that this document shall be recorded in the Office of the County Recorder for Hennepin County, Minnesota. 6. That a permit to develop the wetland above described would not have been granted but for the dedication of the easements as contained on Exhibit A for use as conscr\'ancy area; and, that upon receipt of a certified copy of this document, as recorded in the Office of the County Recorder for Hennepin County, Minnesota, the District Engineer of the St. Paul District of the U.S. Anny Corps of Engineers will issue a validated permit, number 94-02434 NW JJY, 33 CFR 330 - App. A. Nationwide permit number (26). to the undersigned applicant; and that said permit shall be issued in consideration for the execution of this Covenant. 7. That the terms and conditions of this Covenant of Dedication shall, as of liie date of execution of this document, bind the undersigned to the extent or their legal and'or equitable interest in the property described in E.xhibit A; and that this Covenant shall run with the land and be binding on the undersigned and their heirs and assigns forever. 8. That the terms and conditions of this Covenant shall be both implicitly and explicitly included in any transfer, conveyance, or encumbrance of the property described in E.xhibit A or any pan thereof; and that any instrument of transfer, conveyance or encumbrance affecting all or any part of the property described in Exhibit A shall set forth tlie terms and conditions of this document either by reference to this document or set forth in fliil te.xt. DEED AND USE RESTRICTIONS Tlie undersigned. Coffin Corners Partnership warrants that it Is the Contract for Deed \'endor as recited above and Orono Limited Partnership hereby warrants that they are :he Owner in fee and Contract for Deed Vendees as recited above of the realty described as Exhibit A\ and that the easements recited in Exhibit are hereby dedicated in perpetuity for use as a conservancy area. The undersigned Orono Limited Partnership and Coffin Corners Partnership hereby agree to restrict the use and title of the easement area as recited in E.xhibit A as follows: 1 . No dredged of fill material will be placed in the easement area of E.xhibit .A except as provided pursuant to permit number 94-02434 N\V JJY, 33 CFR 330 - App. .A. Nationwide permit number (26). 2. No commercial, industrial, agricultural or residential ‘developments, structures or buildings shall be allowed or permitted in the easement area of Exhibit .A. L!C - ''I - J.No lumbering, mowing, drainage, burning, plowing or filling shall be allowed or conducted on the easement area of Exhibit A. No domestic cattle, horses, sheep or other livestock shall be kept or grazed on the easement area of Exhibit A. 4. No filling, dumping, burning, grading, excavation, direct introduction of untreated storm water, and mowing or other vegetation removal shall be allowed without written approval from the Corps of Engineers. 5 That any unauthorized prohibited activity in the conservation areas by the |)ermiitee, subsequent property owners, or other parties shall be considered a permit violation, and that the property owner and responsible parties may be the subject of administrative, civil or criminal action. 6. This Covenant of Dedication may be changed, modified or revoked only upon written approval of the District Engineer of the St. Paul District of the U.S. Army Corps of Engineers. To be effective such approval must be witnessed, authenticated and recorded pursuant to the law of the State of Minnesota. 7. This Covenant is made in perpetuity such that the present owner and its heirs and assigns forever shall be bound by the terms and conditions set forth herein. ORONO LIMITED PARTNERSHIP f President of James Development Corporation, a Minnesota Corporation, a General Partner of Orono Limited Partnership ST.A7E OF MTsTs’ESOTA ) )ss COLTsTV OF HENT^PIN ) The foregoing instrument wa'as ackriovyledt7/i//T/r(w ged before me this llrnday of ; 1994. by JiWi h . President of ., a Minnesota Corporation, a General Panner of ORONO LIMITED PlARTNERSHlP, a Limited Panners|>tf nder the laws of Minnesota, on behaif of the Limited Pannership. ^RAMSEY COUNTY ^ oomm»»*oo expif®* ^ P'U ’J ' of- / / zuls oo Q J <1z o So aoo 0- ^urrw^m a paim on wnonnefiyMoTaM Lot6 dbtant205i»(M easterly of Lot6.bapointonth8soulheastBriylIniofad Lot6 d stent 240.00 feet southwesterly cf Ae most easterly comer of said Lot 6. "**•»“ pans of Lot! 4 and 5, Bocfc 3. OLD ^COND ADDmOM dasoibed asfbltows: Conimoncing Lot 4;lhancaon an assumed bearing of North 89 along fte southerly iierf said Lot4a distance of 58^1 feet to the p,r/, =c «« described; thence North 30 degrees tttaneaSaith 7S degrees East a distance of 30.00 rt2l’ ^ c dtoiee of65.00 feet; thence South 80 distance of 60.00 fe« thence North 53 degrees East a distance of ^®9"“ “a®* ® <“sa"“ Of <500 hei; thence on a beanng ofWest a distance of90.00he(: thence South 53 degrees Westa distance of 100.00 feet; thence Soufli 30 degrees West a distance of70.00 feet; thence South 70 degrees West a dfabncB of 100.00 feet; thence South 35 degrees West a distance of 80.00 feri; thence South 20 degrees East to Its Intarsect'on with the southsrly line of said Lot 4; thence easterly along said southerly line to the point of beginnfcn. •• r*' ^ ALSO ^ninn'^'^ «ne of Said 1x14 a distanca of 185^ fertto p^nt ot^nning of the easement being described; thence South 35 decrees 140^00 feet- clogrees West a dblance of g 2^deor^'p^^ ^ **'•"« North? ALSO ^ ““*M*rly to the point of ginning. ^^“I’?®!]*5^'*****'’'^P“'P°s«9over1hatpartofLot3,Blocks OLD c SECOND ADDITION described as follows: Beginning at? *6 northwest comer of said Lot 3; thence on an assumed bearing ofSijth 2° " Lrt *'’* “O'"®"* vwstoriy line of said ^ ^ *^*9fees East a dl^nce of 40.00 **'’« South 65 fnM M Westa distance ^ ® dlsfanee at 70.00 foot; thence intersecfonwith the northerty line of said Lot 3; foencB westsrty along said northerty line to the point of beginning. purposes over that part of Lot 2, Block 3. OLD CRYS^L BAY ROAD SECOND ADDITTON which lies northerly of the following described line: Commencing at the northeast comer of said Lot 2; Aence on an assumed^ring of South along the northerly segment of the easterly line of said Lot z a <distence of 267.06 feet to an angle point in said easterly line; Aence South 2 cagrees 30 minutes East along said oast^ line a distance of 325.00 feet to the point or beginning of the line being described; thence on a bearing of West a distance ^.00 feet: thence North 3 degrees West a distanca of 70 00 feef thonca a tGE.'”''-: ’.Vi£! *3 ts ------___________- J.No lumbennu. mowing, drainage, burning, plowing or filling shall be shce7orolherliv«.oci “"aVbe“'gr^^^^^ H ‘illing. dumping, burning, grading, eccavation. direct introduction of untreated storm water, and mowing or other vegetation removal shall be allosved without written jpprovjl Irom the Corps of Engineers. 5 That any unauthorized prohibited activity in the conservation areas by the Itermittee. subsequent property owners, or other panics shall be considered a permit vmlation. and that the progeny owner and responsible panics may be the subject of jdministrati\e. civil or cnminal action. ^ 6. This Covenant of Dedication may be changed, modified or revoked onlv upon urmen approval of the District Engineer of the St. Paul District of the US Armv Corps of engineers. To be effective such approval must be witnessed, authenticated and recorcea pursuant to the law of the State of Minnesota. h -• Covenant is made in perpetuity such that the present owner and its e.Ts ana assigns lorever shall be bound by the terms and conditions set forth herein. ORdJMO LIMLTCD PARTNERSHIP Presid ;nt of James Development Corporation, Minnesota Corporation, a General Partner ofOrono Limited Partnership ST.A7E OF .NLlNTsESOTA ) ) COLOsTV OF HEN^PIN ) Tile toregoing instrument wa A CcXcvx.W i 1994, \ • /as acknowledged before me this l7mday of by h/,|i. ■! /' ll-/—T'' -----' President of rTpnvn r rviiTcn ailnl-KrT-r> ' ^ ^^‘nnesoia Corporation, a General Panner of a Limited Pannersjji^nder the laws of Minnesota,on oenaif oi :he Limited Pannership. My oomm»non expirw 1-2D-W O •• or ' 'm • / r. I ^ \ ' . '. A. ^^flkii'*^’-** <*■ 1*^ * w :* y *1 > pe 7. Timbiricl suamps (Icmiarul fnrtsh, ash swamps, cedar swampsL 1 he soil Is walerK'eeed ai least to within a few inches of the surface clurine the erowm^ season In river bottoms. It IS often covered with as much as I f».K)t of water. \eeetathMi includes tamarack, white cedar, black spruce, balsam fir. red maple, black ash. mosses and smanweeds Animal use includes 11 species of reptiles and amphibians, such as blue-spotted sala­ mander. redback salamander, chorus fri'c. woih I frog; lb species of mammals, such as masked shrew. arctic shrew. Keen's mviMis. red bat, hoarv bat. snowsluK* hare, red fox, bH>Kat.deer; and43 speciesot birds, such as erea! blue heron hmxled merganser, osprev . gmat- homeil owl. vellow -bellied flvcatcher. l.ouisiana wa- teiihriish. IvpeS. Bo^s (open heath bo^s, peatlands). Soil is usually waterlogged and suppiuis a spongv covering of nu>sses. Vegetation includes sphagnum moss, heath shrubs, sedges, and may include scattered, often stunteil. tamarack and black spmee .Animal use includes (^ sjvcies of reptiles and amphibians, such as American toad, spring peeper, green frog, leopaid frog. wihk I frt^g: 11 species of mammals, such as masked shrew. sluMi-taiIed shrew, star-nosed mole, meadow Vide. Ciwote. long-tailed weasel: and 33 species of buds, such as red-tailed hawk, sandhill crane, long­ eared owl. raven, palm warbler. Connecticut warbler. Lincoln s sparrow. ^ I Bonestroo l^osene Anderlik& I Associates Engineers & Architects Bon^^t'OO Roiff^ AnOcftt^ MH3 AssoctAt^i Inc is An Afft^mMi^e A^tton £qu.*^ Oppc'Tunit^ ftnpio^c^ PrtnciOAh Ofto G Bonestroo PE • Joseph C AnOc^f'^ PE • V.»fv<nL Sj'vc^ia PE • PiCh,4f l£ ®E • Gi'.nrP Co'^k P£ • Tr>c'*'»iF Nc>e\ P£ • RoOe't G Schur^c*'t Pi • Jerry A Bourdo'^ P£ • 7o0tft a Posene Pi .^nd Sus *n V EOerim CPA Senior ConsuU.wsis f . AiiOciAte Pnnctp*i\ A S<w^ford PE • Ke«th A Gordon P£ • Pooert P Pfe^te» e PE • p»th,»rd A' Eoster PE • D.»v d O Losfcotc^ Pi • Porerf c Pusveh AI a • \Virk A H.4ri>n PE • Michcie* ^ t7.»o!n*^r'^ Pf » VT ^ e ‘ ! ■"’t • P Ardersor • v.vk P pQiti ®£ • Sidney P SA n ^-^son P£ l S • '^OOr't F Kotimjth O^^cei St PauI Pochette' W nm^r end St C»Oud V\ • Vediior \X'\ % A October 25. 1996 - • «-----fa ih Ms. Jeanne A. Mabus'h B'lildiiig arul Zoning .\dministrator Post Oftice Box 66 Crystal Bay, Minnesota 55323 ♦ t OCT 5 0 1996 Re:Kramer Ponds File No. 139-2183 Uex' Ms. Niabusiii; I have reviewed the quality of the Hardwood Swamp located in the front ya'd of 2990 Somerset Lane. Tlie Minnesoiw outine Assessment Method (MinRAM) was used to evaluate Lhe floral diversity and inlegnty of the wetland. The wetland community contained predominately american elm with a groundlayer dominated by hep sedge and bristle pinkweed. Reed canary grass and cattail comprise less then iO percent of the wetland and aie is»)la‘.ed m one end. MinRAM defines a High Quality Hardwoi.xi Swamp as haviny, Lho following characteristics: Slancii undisturbed or minimally disturbed by anificial drainage, grayjng, logging, impoundment, jilling, etc. Seedtnigs and/or saplings of native tree species evident Indicating i •’generat ’on. Groundlayer composed of native grasses, sedges, ferns and/or forbs. Box elder, buckthorn, and/or reed canary grass, if present, each have less than 10 percent cover. Thi.s wetland meets MinRAM High Quality Hardwood Swamp standards. Excavation of this wetland would greatly degrade the system which exists. High Quality Hardw ood Swartips arc not prevalent in much of the metro area and usually are preserved when p*ossible. Tlie upland area between the wetland and the road contains stands of buckthorn. Buckthcni is an exotic, unctee’.rabic licc. si:, aggretii* e aiid cAcn cut eon.potcs fuitivc wcir.dla.-.d spcc'.ec, which have li'ghei va'ues for wildlife. If they still want a pond, I would suggest placement of a small pond in the adjacent upland area, between the wetland and the road A pond at this location will eliminate the buckihom. Site ccnsiiaints will likely limit them to a shallow pond with emergent wetland plants, such as caltall, across tlie entire surtacc area. If a pond was constructed in the upland aiea surrounding the wetland, erosion control should be required, to protect the Hardwood Swamp. Please contact me if you have any questions or need fuilher assistance. Sincerely, BONESTROOJROSENE.'T^NDERLIK & ASSOCIATES. LNC. fohn R. Smyth, Aquatic Scientist 11 2335 West Highway 36 • St. Paul, MN 55113-3898 • 612-636-4600 I > 7 REQUEST FOR COUNCIL ACTION % DATE: November 5, 1996 ITEM NO.: A Department Approval: Name Jeanne A. Mabustb Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: i!f2184 Brian Carrington, 1920 6th Avenue North - Variances - Public Hearing Zoning District: RR-IB Lot area = 3+ acres. Applicant seeks approval of a variance that would allow the former residence to be converted to a storage structure located in front of the front line of the proposed principal structure. The following ordinances are pertinent for this review; 1. Section 10.03, Subd. 9(D) - Converted storage structure will be located approximately 150' in front of the front line of the new principal structure. 2.Section 10.03, Subd. 9 - Allowed area of individual accessory structure. A. Allowed = 1,400 s.f. Proposed = 500 s.f. (20'x25') B.Total area of accessory structure. Allowed = 2,800 s.f Proposed = 500 s.f No variance required. List of Exhibits A - Application B - Applicant's Addendum C - Plat Map D - Property Owners List E - Floor Plan of Accessory Structure F - Survey G - Restrictive Covenant Request for Council Action continued page 2 of 3 November 6, 1996 Zoning File #2184_______________ Description of Request Applicant has obtained a building permit for construction of a new residence to be located to the rear of his 3+ acre parcel. The existing residence located approximately 115' from the road right-of-way and 150' in front of the principal structure is structurally sound. Applicant wishes to maintain structure for storage and work shop use. Modification «^f structure is shown on floor plan, Exhibit E. Applicant has asked to retain heating system but all plumbing and plumbing fixtures will be removed. The existing w'ell shall be retained for irrigating of lawn and plantings. Structure will not be used as a second residential unit. The 500 s.f. structure meets all other required setbacks for accessory' st-ucture. Applicant will be asked to execute a restrictive covenant to be filed on the chain of title noting structure can never be used as a second residential unit for either rental or guest house use, refer to Exhibit G. Statement of Hardship Please refer to Exhibit B. Hardships are rev iewed as follows: 1 New residence structure will be located approximately 54' trom the rear lot line of a lot that is 380'+ deep. 2 ability to use a structure in good condition and one that has been regularly maintained. 3 The accessory structure is located 115' from the street right-of-way and is consistent with the setback of other residential structures in area. 4. Structure has historical significance as former Wolsfeld home built in 1910. 5. Extensive tree coverage between accessory structure and proposed house will prevent persons from viewing second residence at rear of property. Planning Commission Recommendation Planning Commission recommended unanimous approval of the variance as proposed that would allow existing residence to remain as a storage building/accessory structure on the property to be located 150' in front of the front line of the new residence to be constructed. Approval of the variance is subject to the following conditions: 1. All plumbing and plumbing fixtures shall be removed. Applicant shall retain a well/spigot for outside yard use. Heating system shall remain to serve applicant when workshop is in use. Request for Council Action continued page 3 of 3 November 6, 19% Zoning File n 184 __________ 2.Applicant shall execute a restrictive covenant to be filed on the chain of title that would provide notice to any future land owner that the existing structure can never serve as an independent residential unit for either rental or guest house use. The enclosj^d approval resolution has been drafted per the Planning Commission's recommendation. COUNCIL ACTION REQUESTED; To either adopt or amend the enclosed approval resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) FILE #2184 WHEREAS, Brian Carrington and Beth Carrington (hereinafter "the applicants") are owners of the property located at 1920 Sixth Avenue North within the City of Orono (hereinafter "City") and legally described as follows; That part of the Southeast 1/4 of Section 27, Township 118, Range 23, Hennepin County, Minnesota described as follows: Commencing at a point on the north line of said Southeast 1/4 distant 397 feet East from the northwest comer of said Southeast 1/4; thence East 376 feet along said north line; thence south parallel with the west line of said Southeast 1/4 to a point 183 feet from the center line of County Road No. 6; thence west at right angles 150.00 feet; thence south to said County Road; thence northwesterly along same north line to the east line of the west 397 feet of said Southeast 1/4; thence north to the point of beginning, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the conversion of the existing residence structure at 20'x25' to an accessory structure to be located 150’ in front of the front line of the new residence stmeture where no such encroachment is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2184. 2.The property is located in the RR-IB, Rural Residential Single Family Zoning District. The property consists of 3+ acres. Page 1 of 5 3. 4. 5. The Orono Planning Commission reviewed this application on October 21, 1996, and recommended approval of the variances as proposed based upon the following unique findings or hardships: A.The new residence structure will be located approximately 54' from the rear lot line of a lot that is 380' in depth. B.The existing residence structure is in good condition and has received regular maintenance. C.The accessory structure is located 115' from the street right-of-way and is consistent with the setback of other residential structures in the immediate area. D. The structure has historic significance as former Wolsfeld home built in 1910. E.Extensive tree coverage between accessory structure and proposed house prevent persons from viewing second residence at rear of property. The City Coimcil 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 varirice would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not rnerely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a subs^tial 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. The City Council has considered this application including the findings and recommendations of the Planmng 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 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings and hardships, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the conversion of the 20 ’x25 ’ existing residence into a storage/workshop structure to be located 150' in front of the new residence structure, subject to the following conditions: 1. 2. 3. 4. 5. Applicants shall execute a restrictive covenant to be filed on the chain of title of the property that will provide notice to both current and future land owners that the existing accessory structure can never be used as on independent residential unit for cither rental or guest house use. All plumbing and plumbing fixtures shall be removed except for an outside spigot to serve for watering and irrigation of lawn shrubs. The heating system shall be used when workshop is in use. The structure's principal use shall be for storage. Authorities granted by this resolution run with the property not with the applicants, but .are permissive only and must be exercised by application for a building permit w.J'm one year of the date of Council approval, or this variance will expire on that date (November 12, 1997). Violation of or non-compliance with any of the terms and concitions 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, tlieir heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 I l^hfclTll 'Mil Adopted by the Orono City Council on this 12th day of November, 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 12th day of November, 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 4 of 5 STATE OF Mn'TNESOTA ) ) 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 MINT^ESOTA ) ) ss. COUNl Y OF HENNEPIN ) On this day of , 199 _before me a Notary Public within and for said county, personally appeared ______________________________________________ know'n to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 Application # > /-^ ^ Date Received 7 • ^ Amount Paid ^ 77.10 . ft CITY OF ORONO - VARIANCE APPLICATION /yU )t, rP .^St^ Initial Application Fee S220.00 (S50.00 per each additional variance) Renewal Variance Fee SI20.00 (no change from original application) ^ ^ Variance for non-conforming structures S220.00 After-the-Fact Fees (Double application fee) >1 if I i • V '• ---U PROPERTY INTOICVUTION Site Address PsVi^ t>\Aq , N) OCtW------- y ;- Property Identification Number (P.l.D.) Dfl ~ ^ - Attach leeal description to application if not included on required survey. Date Property Acquired Turvg.. ^-------^(mont^year) 1(^3^(do not) also ov*ti the adjacent parcels of land. — a.t |°CV,rLt,\ ^ ^ other (specify)Present use of property: / residential Zoning District:___________________ APPLICANT Name P>r»r\ rr - ^c..Von Address: P O 9'.'^-/.■Z7 Phone (home) S M ^ - g l> _____ Phone (\\'ork) 3W3.-I83S_____ City: L LaK?._____Zip: S’t b_ v'7 OWNER (if different than applicant) Name ____________________ Phone (home) Phone (work)_ Address:Cit\"Zip:. DESCRIPTION OF REQUEST Describe request in detail: ___ Estimated Constructitm Cost $ 0 tAVt^cWrrvg rsT_________ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width X__Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Y__Other (specify)f'll f / ir 0/f^ • /■ / HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual p^erty conditions preventing compliance with Zoning Code requirements: S 0-^—^ vVOv eV> fYNg.r\T---------— (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted bv the appUcation deadline date in order for vour application to be considered complete: 1. 2. J. 4. 5. 6. 7. 8. Completed Application Form Certified Propert>- Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Cenificate 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 survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy SVi” 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 propertv’. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please anach 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 Propertv- Owner must sign this application. Please remember that vour 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 additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his-Tier knowledge. Applicant’s Signature /Sv-v/Date io 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 investigation and verification of this request. Owner's Signature /"v i/„ r-\Date Q j Tib Mh O 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 anend a scheduled meeting, please make arranaements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 t i 1 ‘A-‘ ' - > «.- • > y \ tae^ -*-» September 26, 1996 City ofOrono 2750 Kelly Parkvvay Orono.MN 55356 Dear City Council: This application is for a variance to be able to keep a building that is located forward of a new home that we are building on our property at 1920 Sixth Avenue North. Currently, we are in the process of building a new home on our property in Orono. We decided to place our home on the back half of the lot in order to reduce the amount of road noise audible from the house. At the time the site determination was made, we believed that by removing the plumbing in the existing home the property would conform with city codes. However, the existing home does fall forward of the home we are building and therefore requires a variance. The hardship that we will experience without the variance is that the code will severely restrict the use of approximately three acres of land. We believe that this code was designed and is more applicable to maintaining aestheticj on cit>- blocks. Our property is almost four acres in size. Our new home and the existing home are approximately 150 feet apart and can hardly be seen from each other because of the e.\tensive tree cover on the property. From the road you w ill only be able to sec the existing home. The structure that we would like to save is the Wolsfeld home that was build in I9I0. The home is structurally sound and has had a cosmetic clean-up since we purchased the property in 1993. If the variance is granted, the home w ill continue to be restored. Our intentions are to maintain the structure in good repair and remove the bathroom and kitchen plumbing in the home. We would then use the home as an area to store and work on our growing collection of antique furniture. Even though the structure is small, it must also have some historical significance to the area. By granting the variance the City will not limit the usefulness of our property. As we believe that the City Council has granted similar variances in the past, we are hopeful that your approval wiM again be granted. Thank you for your time and consideration of our request. Sincerely, Brian & Beth Carrington c>V... RUN DATE Oa/16/96 BATCH SOS HErWEPIN coumr property inforhation system PROPERTY atlERS LISTPROP AOOR OMCR NAME TAXPAYER NAME/AODR 38 27-118-23 A2 000101880 SIXTH AVE N B 6 A B K CARRirASTON BRIAN 6 A BETH K CARRINGTON 1680 SIXTH AVE N LONG LAKE FM 55356 PR(M> AOOR OHNER NAME TAXPAYER NAFC/AOOR 38 27-118-23 62 0006 01980 SIXTH AVE N DANIEL A BERGERON DANIEL A BERGERON 1980 6TH AVE N LONG LAKE H4 55356 PROP AOOR OHNER NAME TAXPAYER NAME/AODR 38 27-118-23 62 0022 00038 ADDRESS UNASSIGNED P G A M H HERNANDEZ PHILIP 6 A MARY H HERNAT40EZ 1870 CO RO NO 6 ORONO MN 55356 REPORT NO. P1635601 PAGE 538 27-118-23 62 000201920 SIXTH AVE NB 6 A B R CARRINGTONBRIAN 6 A BETH K CARRINGTON1830 6TH AVE NLONG LAKE MN 55356 38 27-118-23 62 0003 01960 SIXTH AVE N BRADLEY HANSEN BRADLEY HANSEN 1960 6TH AVE N LONG LAKE Ft4 55356 i] D (TVI ‘-V ■' 38 27-118-23 62 0007 01960 LAKEVIEH TER EVELYN E ROSS EVELYN E VOLBY 1960 LAKEVIEH TER LONG LAKE Ft4 55356 38 27-118-23 62 0008 01900 LAKEVIEH TER R J KOSCIOLEK A 0 KOSCIOLEK R J KOSCIOLEK A 0 KOSCIOLEK 1900 LAKEVIEH TERRACE SO Lac LAKE MN 55356 !* d * / - • ’t* I «••••• • 80 27-118-23 13 0001 00080 ADDRESS UNASSIGNEO DEPT OF NATURAL RESOURCES DEPT OF NATURAL RESOURCES 1200 HARNER RD ST PAUL MINN 55106 TOTAL BATCH 503 00038 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AF® TRUE REPRESEIFTATION OF IFIFORFFATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEFA^EPIN COUNTY DEPARTMEFfT OF PRt^RTY TAXATION* TO THE BEST OF MY KFCHLEDGc AF® BELIEF. 7 V 1 o 10 i^y Cu>cDATE a (•••'• ;>I.1 20'i--------#■Ct I * I V iA •'.i r, fieo)^ O0'■f^ Tr>\V^oc", -7 c ) iZTi i I. l"Vooi7t>. 4------U •A. ^creexv 4------i ^S' U/\\cVv^v^ /■W) o\ sCt\ cA oBuvW \'^\0P\lAT''V'rA i\ *. A ^S toUj, rer>^Dvecl L\'»\v.^ Wo^tftw If-.WrN = IT^cI^ocx 'n ^ StorX^e. l^'VKf onry\ — I^cA'aA r'r. 5' t Proposed Gorogc Floor Proposed Lowest Floor 7845 Brooklyn Blvd. Brooklyn Park, Minnesota 55445 560-1984 O Denotes Wood Hub Set For Eacovotion Only Type of Building > Foil P.^<>gwxgJ j^nrwgori dttliOralr \ioO^ O'U'j^ j NEDEGAARD CONSTRUCTION M000.0 Denotes Existing Elesotion Denotes Proposed Elevatioi Denotes Surface Droinoge NOTE: Property Township located in part of Section , Range _ _, /JW sey4 107-4^ V97 fSl f\j lU o € i 7 l2o -% Ip N' \9 M) V 1 7 . |o«4. \ to-yy.-x. >( l©?T-S SEE DETAIL A l/io-z-4 .1 That part of the Southeast 1/4 of Section 27, Township 118, Range 23, Hennepin County, 1° ’ Minnesota described as follows; Commencing at a point on the north line of said Southeast 1/4 distant 397 feet East from the northwest corner of said Southeast 1/4; thence East 376 feet along said north line; thence south parallel with the west line of said Southeast 1/4 to a point 183 feet 4ro'^the center line of County Road No. 6; thence west at right angles 150.00 feet; thence south to said County Road; thence northwester1 along same north line to the east line of the west 397 feet of said Southeast 1/4; thence north to the point of beginning. EytSTtt^S ^UILOii46 la Bf: £aisITD fV) Boundaries from a survey by Gordon Coffin. C ’ I \ • •. ; t i Ml \(.2M TOTAL AREA - 142,751 Sq. Ft. ISO oo " ^loiS.o W’t.Qy.Co y IO-L7.^ Qj......... ^ 15.0 «p.e» ^ /OXI.D^ SIXTH ave. /ozl.41 f.o.i eX.r s.€.6.6. /6Z5.01 I2'~0" J 00 (@) I 00 24'-0 ............... I CO 04 PROPOSED RESIDENCE K CO I I 15.0^° loZC^.7 l2'-0" -'oz‘1,5 D Tl>p 15.0 >» 32'-Q” I—._J\o« «o io’zb.'T. o ^1 CO I V CM 20 ‘-0' I D ^ kj i foze,. 3 I a fo 24,.4 15.0 REQUEST FOR COUNCIL ACTION CCXJNCILMEETINQ |yjOV ^ 2 CITYOFORONO DATE: November 8, 1996 ITEM NO:7 Administrator Reviewed:Agenda Section: Administrator ’s Report Department Approval: Name Ron Moorse Title City Administrator Item Description: Feasibility Study and Scheduling of Public Hearing for North Long I^ke/Long Lake Country Club Sewer Project Attachments: 1. Feasibility report for the North Long Lake/Long Lake Country Club sanitary sewer improvements 2. Resolution calling for a public hearing on the North Long Lake/Long Lake County Club sewer project The city is in receipt of the City Engineer ’s feasibility report for the North Long Lake and Long Lake Country Club sanitary sewer improvements. The next step in the process is for the city Council to adopt a resolution accepting the feasibility report and calling for a public hearing. A resolution accomplishing that step is attached. As part of adopting the resolution the Council needs to select a date and time for the public hearing. The Council may want to schedule the public hearing as first item on the December 9 Council meeting, or schedule the hearing on a separate evening. COUNCIL ACTION REQUESTED Motion to adopt a resolution accepting the feasibility report for the North Long Lake and Long Lake Country Club sanitary sewer improvements and scheduling a public hearing regarding the improvements. « K * j rs 3 A RESOLUTION RECEIVING REPORT AND CALLLNG HEARING ON NORTH LONG LAKE AND LONG LAKE COUNTRY CLUB SANITARY SEUTR IMPROVEMENTS WHEREAS, pursuant to Resolution No. 3764 of the Council adopted September 9, 1996, a report has been prepared by the City Engineer in reference to the North Long Lake and Long Lake Country Club sanitary sewer improvements, and this report was received by the Council on November 12, 1996; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective, and feasible. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1.The Council will consider the installation of such sanitary sewer improvement in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total. j .f of the improvements of $1,049,555.00. 2.day ofA public fr;iring shall be held on such proposed improvements on the , 1996 in the Council Chambers, 2750 Kelley Parkway, at____p.m. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 12th day of November, 1996. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor I REQUEST FOR COUNCIL ACTION Hov I DATE: Nlwember 7, ITEM NO: /(, O Department Approval: Name Ron Moorsc Title ity Administrator Administrator Reviewed:Agenda Section: Administrator's Report Item Description: ^ Telecommunications Tower and Antenna Regulation In response to requirements placed on cities by the Federal Telecommunications Act regarding telecommunications towers and antennas, the city placed a moratorium on the construction and installation of new telecommunications towers and antennas in the city. The moratorium, which expires on December 24, 1996, is to provide the city with an opportunity to determine how best to respond to proposals regarding telecommunication towers and antennas within the requirements set out by the Telecommunications Act; and to make any changes needed to the city’s current ordinances relating to telecommunications towers and antennas. The key requirement of the telecommunications act is that cities may not prohibit or have the effect of prohibiting the provision of personal wireless services. From a practical standpoint, what this means is that cities can not prohibit towers and ant'*, mas from being constructed within their city boundaries if this prohibition would make it impossible for telecommunications vendors to provide wireless service to customers within the cities. The provision of wiieless ser\ices depends on the installation of a network of antennas to create a continuous coverage area. These antennas need to be located as close together as one-quarter mile if they are located on lower towers (80 feet in height) and in densely populated areas. They can be separated by as much as 4 miles if located on higher towers (120 feet in height) and in low density areas. Although Orono has a large land area, it would be possible for wireless service providers to complete a network of antennas serving the majority of the Orono area without the necessity of locating antennas in the city of Orono. If antennas were placed in surrounding cities that are more densely populated and have substantial commercial uses, Orono could be almost completely covered by the network. The only area that appears to be outside of the coverage area would be the west central part of the city. Current City Regulations The current city regulations allow telecommunications towers or anteima structures in two zoning districtS"the industrial zone and B-1 zone. The city’s industrial zone is located on the south side of Highway 12 between Old Crystal Bay Road and the Long Lake border. The industrial zone ordinance requires that a telecommunications tow er/antenna can only be allowed if it is accessory to a principle use. It also limits the height to a maximum of 65 feet. The B-1 zoning district allows an antenna structure as a conditional use. The city’s B-1 zoned property is located in the Navarre area. Request for Council Action Continued Page 2 of 3 November 7, 1996 Telecommunications Tower and Antenna Regulation Use of City Water Towers as Antenna Sites In considering locations and impacts of new antennas the use of the city’s water towers as antenna sites would have the least new visual impact since the towers are already in existence. Alternatives There are number of potential alternatives for the city’s regulation of telecommunications towers and antennas. Four of these are as follows; 1. Prohibit all telecommunications towers and antennas from the city. 2.Prohibit all telecommunications towers and antennas except those allowed in the industrial and B-I zones. 3.Prohibit all telecommunications towers and antennas from all locations except on one or both of the city’s water towers. 4.Prohibit all telecommunications towers and antennas from all locations except as currently allowed in the industrial and B-1 zones and on one or both of the city’s water towers. Discussion of Alternatives It is not fully clear whether the city could legally prohibit all telecommunication towers and antennas for personal communications service in Orono. Although there are concerns regarding the appearance of antennas located on the city’s water towers, there are significant financial benefits available to the city through the leasing of space on the water towers. The minimum lease amount for a set of three antennas is $12,000 per year. Each tower could accommodate at least three sets of antennas serving three different vendors. The purpose of the city’s current ordinances allowing towers and antennas in the B-1 and industrial zones was to meet the needs of specific businesses operating in those zones versus to meet the desires of telecommunications vendors. If the Council determines that the businesses in the industrial and B-1 zones should continue to have the ability to install telecommunications towers and antennas, the city should ensure it has the right to continue to define those tower and antenna uses very narrowly so that it does not include towers and antennas for use by telecommunications vendors. Request for Council Action Continued page 3 November 7, 1996 Telecommunications Tower and Antenna Regulation The city may want to prohibit towers and antennas for some initial period to enable the various vendors to sort themselves out in the market place, and to provide time for technology to solve the tower and aiitenna problem by increasing the range of antennas and reducing the size and improving the appearance of antennas. COUNCIL ACTION REQUESTED Motion to provide direction regarding the city ’s regulation of telecommunications towers and antennas so that staff can draft new regulations. i > REQUEST FOR COUNCIL ACTION DATE: November ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: Administrator’s Report Item Description: Dental Insurance Plan < For a number of years, staff has been involved in efforts to find an employee dental insurance plan that provides a reasonable level of benefits at an acceptable cost. In recent months, staff became aware of a network dental plan that meets both the benefit and cost criteria. Staff is requesting Council autliorization to offer this plan to city staff beginning January 1, 1997. Dental Plan Details The dental plan being proposed is called Premier Dental. The plan is a network plan which provides a higher level of benefits for services provided within the network of participating dentists. A copy of the proposal is attached. As the proposal indicates, the costs are as follows: Employee only Employee plus one (Child or spouse) Employee plus children Full family $15.75 per month $30.45 per month $30.45 per month $39.90 per month Financial Considerations City policy enables employees to use a portion of the city’s employee insurance contribution to pay the cost of the group dental insurance premium. Because the city’s insurance contribution ($313.50) is less than the cost of the monthly insurance premium for family health insurance coverage, only those employees with single health insurance coverage would have a portion of the city’s insurance contribution available to pay for insurance coverage. Staff Recommendation Staff recommends the Premier Dental insurance plan be offered to city staff, with coverage beginning January 1, 1997. COUNCIL ACTION REQUESTED Motion to authorize the city to offer the Premier Dental plan to city staff, with coverage to begin January 1, 1997. City of Orono Dental Proposal -V*lure Dental Plan In Network Out of Network $1500 $1200 None $100 Lifetime 100%80% 100%80% 100%80% 100%80% 100%80% 100%80% 70% •50% 70% •50% 70% •50% 70% •50% 70% •50% 70% •50% 70% •50% •after$15 co-pay Same as above $15.75 $30.45 $30.45 $39.90 Annual Maximums Deductibles, per person Preventative and Di^nostic Care • Teeth Cleaning • Examinations • Dental X-rays • Floride Treat • Fillings • Oral Surgeiy • M • • • a.i!tics, doiturcs. Services • Replacement of prosth crowns, and inlays • Periodontics(gum treatment) • Endodontics(root canal therapy) • Major Restorative Services (Crowns, inlays) • Prosthetics (bridges and dentures) • Space maintainers • Oral Surgery Emergency Dental Services • Emergency care through no network dentist Employee only Employee + one(child ^ spouse) Employee + children Full Family REQUEST FOR COUNCIL ACTION ^Nq DATE; November ITEM NO:.'1- Department Approval: Name Ron Moorse Title City Administrator Item Description: Administrator Reviewed: M Agenda Section: Administrator’s Report Corrected Resolution - Livable Communities Act The Council at its October 28 meeting adopted a resolution renewing the city ’s participation in the Livable Communities Act for 1997. The Met Council has indicated the city ’s resolution was not in the correct format. A corrected resolution is attached for Council approval. COUNCIL ACTION REQUESTED Motion to adopt a resolution renewing the city ’s participation in the Livable Communities Act for 1997. i RESOLUTION ELECTLNG TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTrVT:S ACCOUNT PROGRAM UNDER TilE METROPOLITAN LIVABLE COxMMUNITIES ACT CALENDAR YTAR 1997 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and 1 WHEREAS, for calendar year 1997, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1996, can participate under Minnesota Statutes Section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1996; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life- cycle housing goals for the municipality. NOW, THEREFORE, BE IT RESOLVED THAT the city of Orono hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1997. Adopted by the city Council at a regular meeting held November 12, 1996. ATTEST: Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Cleric ^Ov I p REQUEST FOR COUNCa ACTION ' l9$s DATE; 1996 ITEM NO: Department Approval: Name Dorothy Hallin TlUe City Clerk 7ator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval HOME OCCUPATION LICENSE ANNUAL REVIEW Ross R. Repke 3380 Watertown Road COUNCIL ACTION REQUESTED: Motion to approve license listed above J APPLICATION FOR ANNUAL HOME OCCUPATION LICENSE CITYOFORONO 2750 KELLEY PARKWAY, P.O. BOX 66 OCT 1 8 199G CRYSTAL BAY, \LN 55323 NAME:__ ADDRESS: -----------------------ij— city/Siate PHONE: y?? (o street. BUSINESS NAME: CRATED:TYPE OF BUSINESS TO BE OPERA Nur.ib'-.r o'" F.tf.ployees Wiihir, Operation: Check One: Initial Review Fee S50.00 n /l\ < /' ((T g /->-< e ^Pro ’-'^ds pimss «®n'nlrivefs on b3ck of application) _ Annual Review Fee S30.00 ^ License may be revoked if any violation occurs. City staff shall have five (5) business days in which to investigate and make a recommendation pursuant to Orono Municipal Code Section 5.02 «St 5.03. If a site inspection is required by Citv staff, the review time will be extended to ten (10) business days. The lice^e application with staff recommendation will be scheduled before the Council at the next regularly scheduled meeting held on the second and fourth Monday of each month. ORONO MU.'^ICIPAL CODE REGULATIONS ON HOME OCCUPATIONS PURSUANT TC SECTION 10..20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices - • -.u I. It is unlawful for any business operating as a home occupation to engage in operation without proper licenses. o All persons engaged in the business must reside in the dwelling. 3’ No commercial signs permitted other than signs permitted in the residential zone. 4. No excessive stock in trade may be stored on the premises. 5. Over the counter retail sales is not allowed. 6. Entrance to the home occupation must be gained from within the structure. The undersigned nereby agrees lo lac cuauaioni i.c..* --------r— — additional conditions the City may require. Date FOR CITY USE ONLY: After review of application, stall recommends the. following. X Approval of application __________Denial of application ----------------. Signature of Building Official Application Date:^______ : -Mb ( A' ^_ Date: /O Date: i/o Date License Approved:Date License Expired: >p rO r- 4-t- ^ • S”' 4 Nov 1996 Mon 5:23 PM Check Register City of Orono Check Number Date Name Check Number 52560 52560 CITY COUN^f CREDIT UNION 06-NOV-96 CITY COUNTY CREDIT UNION Totals Check Number 52560 CITY COUNTY CREDIT UNION Check Number 52561 FIRST NATIONAL BANK OF LAKES 52561 52561 52561 06-Nov-96 06-NOV-96 06-Nov-96 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totals Check Number 52561 FIRST NATIONAL BANK OF LAKES Check Number 52562 52562 GREAT WEST LIFE ASSURANCE CO. 06-NOV-96 GREAT WEST LIFE ASSURANCE CO Totals Check Number 52562 GREAT WEST LIFE ASSURANCE CO. ^eck Number 52563 HENNEPIN CO. SUPPORT k COLL 52563 06-Nov-96 HENNEPIN CO. SUPPORT k COLL Totals Check Number 52563 HENNEPIN CO. SUPPORT k COLL Check Number 52564 HENNEPIN COLTTTY SUPPORT k COLL 52564 06-NOV-96 KENIiEPIN COUNTY SUPPORT k COLL Totals Check Number 52564 HENNEPIN COUNTY SUPPORT k COLL Check Number 52565 ICMA RETIREMENT TRUST - 457 52565 06-Nov-96 ICWA RETIREMENT TRUST - 457 Totals Check Number 52565 ICMA RETIREMENT TRUST - 457 Check Number 52566 LAW ENFORCMENT LABOR SERVICE 52566 06-Nov-96 LAW ENFORCMENT LABOR SERVICE Totals Check Number 52566 LAW ENFORCMENT LABOR SERVICE Check Number 52567 MN DEPT OF REVENUE 52567 06-Nov-96 MN DEPT OF REVENUE Totals Check Number 52567 MN DEPT OF REVENUE Check Number 52568 MI^ MUTUAL LIFE 52568 06-NOV-96 MN MUTUAL LIFE Totals Check Number 52560 ICi MUTUAL LIFE Transaction Amount 6,564.00 6,564.00 3.003.05 3.003.05 6.922.25 12,920.35 1.190.00 1.190 00 164.02 164.02 104.50 184.50 100.00 100.00 0.00 0.00 2.901.21 2.901.21 55.00 55.00 Page 1 Consent s SAVINGS W/H k TRANSFERRED FICA k MEDICARE W/H FICA.MEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED COMP 5f/H THOMTOH #00266700 SKREEN IC0262310 DEFERRED COMP W/H L^’ION DUES W/H STATE TAX W/H DEFERRED COMP W/H { - , - m . - - -—-— J 4 Wov 1996 Mon 5:29 PM Check Regieter City of Orono Check Number Date Name Check Number 52569 S2S69 MN STATE RETIREMENT-DEF CCM? 06-KOV-96 MN STATE RETIREMENT-DtF COMP Totals Check Number 52563 MN STATE RETIREMENT-DEF COMP Check Number 525/0 PEBSCO/OBPA 52570 06-Nov-96 PEBSCO/OBRA Totals Check Number 52570 PEBSCO/OBRA Check Number 52571 PEBSCO/US CCNF OF MAYORS 52571 06-KOV-96 PEBSCO/US CONF OF MAYORS Totals Check Number 52571 PEBSCO/US CONF OF MAYORS Check Number 52572 PEPA 52572 52572 06-NOV-96 06-Nov 96 PERA PERA Totals Check Number 52572 PERA Check NuTber 52573 UNITED WAY 52573 06-Nov-96 UNITED KAY Totals Check Number 52573 UNITED WAY Grand Total Transact ion Amount 150.00 150.00 73.59 73.59 2.002.50 2.002.50 3,681.55 4,804.50 8,486.13 29.00 29.00 34.829.10 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 9 I i 7 Nov 1996 Thu 4 : 02 PM Check Register City of Orono Check Numoer Date Name Check Number 52575 52575 A-l RENTAL 07-Nov-96 A-l RENTAL Totals Check Number 52575 A-l RENTAL Check Humber 52576 ALL STAR ELECTRIC 52576 05-Nov-96 ALL STAR ELECTRIC Totals Check Humber 52576 ALL STAR ELECTRIC Check Humber 52577 AME>i 52577 ll-Jul-96 AKZM Totals Check Number 52577 AKEM Check Number 52s7S ASPLLTOH COFFEE 52578 OS-Nov-96 ASPLUHDH CCFFEE Totals Check Humber 5257S ASPLUHLI* .:,FFEE Check Number 52579 AT 6 T FL 52579 04 :«ov-96 AT i T - FL Totals Check Number 52579 AT i T - FL Check Number 52580 AT & T CONSUMER PRODUCTS 52580 04-NOV-96 AT i T CONSUMER ^JCTS DIV Totals Check Number M % T CONSUMER PRODUCTS DIV Check Number 52581 AT & WIRELESS - HA 52581 05-NOV-96 AT T WIRELESS - WA Totals Check Number 52581 AT i T WIRELESS - WA Check Number 52582 ATvT 52582 525t>2 52582 52582 07-N<.v-96 05-NOV-96 04-Nov-96 04-Nov-96 AT&T AT&T AT&T AT&T Totals Check Number 52582 AT&T Check Number 52581 AT&T WIRELESS SERVICES 52583 04-Nov-96 AT&T WIRELESS SERVICES Tiansaction Amount 12.38 12.38 87.24 87.24 20.00 20.00 101.oc 101.00 1.07 1.07 19.55 19.55 85.20 85.20 10.60 0.72 6.87 50.69 68.88 5.45 Page 1 Comments DOLLY RENTAL REPAIR LAMPS TOMCHECK-AMEM CONFERENCE COFFEE L.D. S173 CAR PHONE LEASED EQUIPMENT PAGER RENTAL LONG DISTANCE CHARGES LONG DISTANCE LONG DISTA.NCE LONG DISTANCE CELL PHONE USXGE 7 Hov -996 Tbu 4:02 PM Check Number Check N-"-ber 525S3 52563 Check I e9iPter City of Orono Dete Name 52503 ATkT WIRELESS SERVICES O4-NOV-90 ATliT WIRELESS SERVICES 04-Nov-95 ATkT WIRELESS SERVICES Totals Check Numt>er =2583 ATkT WIRELESS SERVICES Check Number 52584 52504 BENEFITS LESI3N GROUP 04-NOV-96 Totals Check Number BENEFITS DESIGN GROUP 52594 BENEFITS DESIGN GROUP Transact ion Amount 5.44 138.55 149 1.077.51 1.077.51 Page 2 Comments CELL PHONE USAGE CELL PHONE USAGE NOVEMBER Check Number 52585 BERG BAG COMPANY 52S8S 07.Nov-95 Totals Check Number BERG BAG COMPANY 52585 BERG BAG COMPANY Check Humber 52536 52585 BLACKCNIAK 6 SON 07.Kov.95 Totals Check Number BLACROWIAK k SON 52585 BLACKOWIAK k SON 140.55 140.56 158.56 158.56 SANDBAGS FOR ELECTION SIG OCTOBER SERVICE Check Number 52567 BRC-ELECTIONS 52587 07.Nov-95 Totals Check Number BRC-ELECTIONS 52587 BRC-ELECTIONS 58.36 68.36 TRANSFER CASE Check Number 52568 BRICKLEY SERVICE CO. 52588 04-Nov-96 Totals Check Number BRICKLEY SERVICE CO S2588 BRICKLEY SERVICE CO 150.53 150.53 REPLACE DAMAGED PHONE Check Number 52589 BUDGET PRINTING 52589 05-NOV-96 Totals Check Number BUDGET PRINTING 52589 BUDGET PRINTING Check Number 52590 52590 52590 52590 52590 BUSINESS FOR.MS k ACCOUNTING 04-Nov-96 r7-Nov-96 07-NOV-96 07-NOV-96 Totals Check Number BUSINESS FORMS k ACCOUNTING BUSINESS FORMS k ACCOUNTING BUSINESS FORMS k ACCOUNTING BUSINESS FORM=> k ACCOUNTING 52590 BUSINESS FORMS k ACCOUNTING 52.20 52.20 PICK UP SLIPS 285.55 142.77 142.77 71.38 643.58 A/P CHECKS U.B. BILLS U.B. BILLS U.B. BILLS Check Number 52591 CARGILL SALT DIVISION S2591 05-Nov-95 CARGILL SALT DIVISION 1,205.51 COARSE SALT 7 »bv 1796 Thu 4:02 m Check Register City of Orono Page 3 Check ITumber Date Hame Check Number 52591 CRRGILL SALT DIVISION Totals Check Number S2591 CARGILL SALT DIVISION Check Number 52592 CHUNKS LAKESHORE AUTO Check Number 52593 52593 CITf OF LONG LAKE 07-Nov-96 CITY 01- LONJ LAKE Totals Check Number 52593 CITY F LONG LAKE Check Number 52594 CITY OF ORONO PETTY CASH 52594 52594 05-NOV-96 05-Nov-96 CITY OF ORONO PETTY CkSH CITY OF ORONO PETTY CASH Totals Check Number 52594 CITY OF ORONO PE ITY CASH Check Number 52595 COWERCIAL LIFE INSURANCE Check Number 52596 CRYSTEEL 52596 05-NOV-96 CRYSTEEL Totals Check Number 52596 CRYSTEEL Check Number 52597 E-2 RECYCLING 52597 04-NOV-96 E-Z RECYCLING Totals Check Number 52597 E-Z RECYCLING Check Number 52598 ENGINEERING REPRO SYSTEMS 52598 52598 07-NOV-96 07-NOV-96 ENGINEERING REPRO SYSTEMS ENGINEERING REPRO SYSTEMS Totals Check Number 52598 ENGINEERING REPRO SYSTEMS Transaction Amount Comments 1.205.61 52592 07-NOV-96 CHLT.'KS LAKESHCRE AUTO 68.40 S172 REPLACE COIL 52592 07-Nov-96 CHUNKS LAKESHCRE AUTO 116.32 S175 OIL CHANGE, COMP CHK 52592 04-Nov-96 CHUNKS LAKESHORE AUTO 47.92 9176 OIL CHANGE. STROBE 52592 04-NOV-96 CHUNKS LAKESHCRE ALTO 25.12 9173 OIL CHANGE 52592 05-Nov-96 CHUNKS LAKESHORE ALTO 1,996.27 9172 TRANSMISSION WORK Totals Check Number 52592 CHUNKS LAKESHORE AUTO 2,254.03 28.854.50 28.854.50 ADD'L AMOUNT FOR 1996 3.17 117.62 COLOR COPIES MEETING EXPENSES 120.79 52595 07-No\-96 COMMERCIAL LIFE INSURANCE 0.85 NOVEMBER LIFE INSURANCE 52595 07-NOV-96 COMMERCIAL LIFE INSURANCE 2.66 NOVEMBER LIFE INSURANCE 525S5 07-Nov-96 COMMERCIAL LIFE INSL^RANCE 1.14 NOVEMBER LIFE INSURANCE 52595 07-Nov-96 COMMERCI7U.LIFE INSl~\N~295.53 NOVEMBER LIFE INSURANCE Totals Check Number 52595 COMMERCIAL LIFE INSURANCE 300.18 42.95 42.95 9426 MORSE CABLE 5.422.92 5.422.92 OCTOBER SERVICE 23.57 14.52 REPRINTS PRIEDEMAN PRINTS 38.09 I *7 3k)v 1996 Thu 4 : 02 PM Check Number Check Number 52599 Check Register City of Orono E)«te Name 52599 ESS BROTHERS & SONS 05-Nov-96 ESS PRO’^IERS 6 SONS Totals Check Number 52599 ESS BROTHERS 6 SONS Che'-k Number 52600 FROST. SHERRY R. 52600 OS-Nov-96 FROST. SKERRY R. Totals Check Humber 52600 FROST. SKERRY R. Check Humber 52601 O 6 K SERVICES 52601 52601 52601 05-Hbv-96 OS-Nov-96 OS-Nov-96 G 4 K SERVICES 0 4 K SERVICES 0 4 K SERVICES Totals Check Nuinber 52601 0 4 K SERVICES Check Number 52602 GALL'S INC. 52602 52602 04-Nov-96 04-NOV-96 GALL'S INC 'GALL'S INC, Totals Check Number 52602 GALL'S INC. Check Number 52603 GENUINE PARTS CO. Check Number 52604 52604 GOLF CAR MIDWEST 07-Nov-96 GOLF CAR MIDWEST Totals Check Number 52604 GOLF CAR MIDWEST Check Number 52605 HALLIN, D'FROTHY 52t05 07-NOV-96 HALLIN, DOROTHY Totals Check Number 52605 HALLIN, DOROTHY Check Number 52606 HAMEL BUILDING CENTER 52606 07-Nov-96 HAMEL BUILDING CENTER Totals Check Number 52606 hamel building center Check Number 52607 HASEMAN, C/ROLE 52607 OS-Nov-96 HASEMAN. CAROLE Transaction Amount 282.23 282.23 390.00 390.00 73.14 4.73 10.21 85.15 106.98 15.97 122.95 1.200.00 1.200.00 45.18 45.18 115.20 115.20 Comments ADJUSTMENT RINGS OCTOBER MINUTES STREET EMPLOYEES STEFFENHAGE14 RATISUN STROBES NAMETAG 52603 07-NOV-96 GENU IN’S PARTS CO.10.54 MISC PARTS 52603 07-NOV-96 GE.NUINE PARTS CO.50.17 MISC PARTS 52603 07-NOV-96 GENUINE PARTS CO.650.44 MISC PARTS Totals Check Number 52603 GENUINE PARTS CO.711.15 OCTOBER LEASE MILEAGE REIMB. Page 4 LUMPER FOR CATCH BASIN 16 80 MILEAGE REIMB 7 !lov Thu 4:02 PM Check Register City of Orono Check Number Date Name Check Number 52607 HASEMAN. CAROLE Totals Check Number 526C7 HASEMAN, CAROLE Check Number 52600 HEaLTHPARTNERS 52608 52606 07-NOV-96 07-Nov-96 HEALTHPARTNERS HEALTKPARTNT.RS Totals Check Number 52608 HEALTHPARTNERS Check Number 52609 HENNEPIN COUNTY TREASURER 52609 05-Nov-96 HENNEPIN COUNTY TREASLTIER I Totals Check Number 52609 HENNEPIN COUNTY TREASURER Check Number 52610 HENNEPIN COUNTY ADULT RESTITUT 52610 07-Nov-96 HENNEPIN COUNTY ADULT RESTITUT Totals Dieck Number 52610 HENNEPIN COUNTY ADULT RESTITUT Check Number 52611 tCMA DISTRIBUTION CENTER 52611 04-Nov-96 ICMA DISTRIBUTION CENTER Totals Check Number 52611 ICMA DISTRIBUTION CENTER Check Number 52612 J.P. COOKE CO. 52612 05-NOV-96 J.P. COOKE CO, Totals Check Number 52612 J.P. COOKE CO Check Number 52613 LAND CARE EQUIPMENT 52613 04-Nov-96 LAND CARE EQUIPMENT Totals Check Number 52613 LAND CARE EQUIPMENT ChecK Number 52614 LEAGUE OF m CITIES 52614 0‘»-Nov-96 LEAGLT OF MN CITIES Totals Check Number 52614 LEAGUE OF MN CITIES Check Number 52615 LONG LAKE POWER EQUIPMErr 52615 526^5 52615 05-Nov-96 04-Nov-96 04-Nov-96 LONG LAKE POWER EQUIPMENT LONG LAKE POWER EQUIPMENT LONG LAKE POWER EQUIPMENT Totals Check Number 52615 LONG LAKE POWER EQUIPMENT Transact'on Amount 16.00 313 50 2.671.06 2.904.56 236.43 236.43 3.470.00 3.470.00 28.95 20.95 109.97 109.97 84.99 04.99 35.00 35.00 276.90 23.27 31.19 331.36 Page 5 Cemments DECEMBER HEALTH INSURANCE DECEMBER HEALTH INSURANCE ROOM k BOARD - SEPT RIPPBERGER CASS 196-2029 ACCOUNTABILITY FOR PERFOR DOG LICENSES HYDRAULIC OIL MOORSE-POLICY ADOPTION CUTTING BLADE SAFETY CHAIN FILE GUIDE, FILES r 7 Bov 1996 Tiiu 4:02 PM Check Register City of Orono Check Rumber Date Hanie Check Sumber 52616 52616 LUCENT TECHNOLOGIES 04-NCV-96 LUCENT TECHNOLOGIES Totals C .eck Number 526X6 LUCENT TECHNOLOGIES Check Number 52617 MICRO AGE 52617 07-NOV-96 MICRO AGE Totals Check Number 52617 MICRO AGE Check Number 52618 MIDWEST ASPHALT 52618 04-NOV-96 MIDWEST ASPHALT Totals Check Number 52618 MIDWEST ASPHALT Check Nunyoer 52619 MINNEAPOLIS OXYGEN COMPANY 52619 05-NOV-96 MINNEAPOLIS OXYGEN COMPAN'f Totals Check Number 52619 MINNEAPOLIS OXYGEN COMPANY Check Number 52620 MINNEGA3CO Check Humber 52621 52621 MINTSSOTA UC FUND 07-Nov-96 MINNESOTA UC FUND Totals Check Humber 52621 MIfOIESOTA UC FUND Check Number 52622 MN DEPT OF REVENUE Transaction Amount 133.33 133.33 142.50 142.50 264.76 264.7G 90.10 90.13 3.01 ’.01 Page 6 Comments MAINTENANCE ON ECUIP POLICE SERVER SERVICE HAND PATCH MEDICAL OXYGEN 52620 C4-NOV-96 MINNEGASCO 12.07 GAS CHARGES 52620 04-Nov-96 MINNEGASCO 70.48 GAS CHARGES 52620 04-Nov-96 MINNEGASCO 186.49 GAS CHARGES Totals Check Number 52620 MINNEGASCO 269.04 UNEMPLOYMENT-BEV SAUER 52622 07-Nov-9b HN DEPT OP REVENUE 616.00 OCTOBER SALES TAX 52622 07-NOV-96 KN DEPT OF REVENUE 599.00 OCTOBER SALES TAX 52622 07-NOV-96 KN DEPT OF REVENUE 66.00 OCTOBER SALES TAX Totals Check Number 52622 MN DEPT OF P^VENUE 1.281.00 Check Number S2-:23 NORTHERN 1HATER WORKS SUPPLY 52623 05-Nov-96 NORTHERN WATER WORKS SUPPLY 146.97 HYDRANT EXTENSION 52623 05-NOV-96 NORTHERN WATER WORKS SUPPLY 38.57 FREIGHT ON RETURN' Totals Check Number 52623 NORTHERN WATER WORKS SUPPLY 185.54 Check Numl.er 52624 NSP 52624 07-Nov-96 NSP 115.31 NSP CHARGES Page 7 52624 NSP 52625 OLSON, JOHN C 07-NOV-96 Totals Check Number OLSON. JOHN C 52625 OLSON, JOHN C Check Number 52626 52626 ORONO COMMUNITY EDUCATION 07«Nov-96 ORONO COMMUNITY ^DUCmTION Totals Check Number 52626 ORONO COMMUNITY EDUCATION Check Number 52627 PAGENET 52627 05-Nov-96 Totals Check Number PAGENET 52627 PAGENET Check Number 52628 52628 PERA LIFE INSURANCE 05-Dec-95 Totals Check Number PERA LIFE INSURANCE 52628 PERA LIFE INSURANCE Check Number 52629 52629 52629 PIONEER 05-Nov-96 05-Nov-96 PIONEER PIONEER Totals Check Number 52629 PIONSET Check Number 52630 52630 PRAIRIE OFFSET 07-Nov-96 Totals Check Number PRAIRIE OFFSET 52630 PRAIRIE OFFSET Check Number 52631 52631 52631 PRECISION BUSINESS SYSTEMS 07-NOV-96 07-NOV-96 Totals Check Number PRECISION BUSINESS SYSTEMS PRECISION BUSINESS SYSTEMS 52631 PRECISION BUSINC«;S SYSTEMS Check Number 52632 52632 PRO TIRE & EXHAUST 05-NOV-96 PRO TIRE & EXHAUST Transaction Amount 1,043.15 3,792 13 970.77 Coirenent® NSP CHARGES NSP CHARGES NSP CHARGES 5,921.36 23.97 23.97 SUPPLIES REIMS. 2,089.45 2,089.45 1996 summer RECREATION 1,136.05 1,136.05 PAGER RENTAL 132.00 132.00 DECEMBER INSUFANCE 14.00 45.19 59.19 OPTICAL SCAN TESTING GENERAI ELECTION NOTICE 79.56 79.56 RESOLUTION PAPER 31.44 76.13 107.57 REPAIR RECORDER-MABUSTH REPAIR MABUSTH RECORDER 34.86 #167 OIL CHANGE, BPAXES 7 Nov 1996 Thu 4 : 02 PM Check Number iCheck Number 52632 52632 Check Register City of orono Fa ie e Dare Nam^ 52632 PRO TIRE & EXHAUST 05-Nov-96 PRC TIRE & EXHAUST 04-Nov-96 PRO TIRE & EXHAUST Total! Check Nufrxer 52632 PRO TIRE EXHAUST Check Number 52633 RAINBOW COMPUTER FORMS 52633 07-NOV-96 RAINBOW CC»<PUTER FORMS Totals Check Number 52633 RAINBOW COMPUTER FORMS Qieck Number 52634 RC IDENTIFICATIONS 52634 04-NOV-96 * RC IDENTIFICATIONS Totals Check Number 52634 RC IDENTIFICATIONS Check Number 52635 ROLLINS OIL CO. 52635 52635 04-Nov-96 04-Nov-96 ROLLINS OIL CO ROLLINS 'IL CO Totals Check Number 52635 ROLLINS OIL CO. Check Number 52636 SENIOR COMMUNITY SERVICES 52636 04-Nov-96 SENIOR COMMUNITY SERVICES Totals Check Number 52636 SENIOR COMMUNITY SERVICES Check Number 52J37 52637 52637 SNYDER DRUG STORES 05-Nov-96 05-NOV-96 SNYDER DRUG STORES SN'/DEK DRUG STORES Totals Check Number 52537 SNYDER DRUG STORES Check Number 52638 SWENSON ELFCTRONICS 52638 04-Nov-96 SWENSON ELECTRONICS Totals Check Number 526 38 SWENSON ELECT .-IONICS Check Nun^er 52639 US WEST COM*TJNICATIONS Check Number 52640 5264 0 VILLAGE CHE\T^OLET 05-NOV-96 VILLAGE CHEVROLET Trarsaction Amount 24 36 139.84 199.56 672.64 672.64 3.73 3.73 1,930.10 2,398.42 4,328.52 3,225.00 3,225.00 5.50 23.44 28.94 24.00 24.00 CcMTwr.ents #170 OIL CHANGE • 171 OIL FILTER, Ba «TS PERMIT/INSPECTiaN FORMS ID CARD PROCESSED FOOD GRADE OIL MOTOR OIL 4TH QTR CITIZEN SERVICES BATHROOM SUPPLIES FILM DEVELOPING COPY TAPES 52639 07-NOV-96 US WEST COMMUNICATIONS 53.58 US WEST CHARGES 52639 07-NOV-96 US WEST COMMUNICATIONS 55.39 US WEST CHARGES 52639 07-NOV-96 US WEST COMMUNICATIONS 55 93 US WEST CHARGES Totals Check Number 52639 US WEST COMMUNICATIONS 164.90 21.19 MISC PARTS 7 Nov 1996 Thu 4:02 PM Check Register City of Orono Page 9 Check Number Date Name Check Number 52640 VILLAGE CHE^TOLET Totals Check Number 52640 VILLAGE CHEVROLET Check Number 52641 W.W. GRAINGER INC. 52641 04-NOV-96 W.W. GRAINGER INC. Totals Check Number 52641 N.W. GRAINGER INC. Check Number 52642 WALDOR PUMP Totals Check Number 52642 WALDOR PUMP Check Number 52649 WATERPRO 52643 52643 52643 05-NOV-96 05-NOV-96 04-Nov-96 WATERPRO WATERPRO WATERPRO Totals Check Number 52643 WATERPRO Check Number 52644 WAYEATA BAV CAR WASH 52644 05-Nov-96 WAYZATA BAY CAR WASH Totals Check Number 52644 KAYZATA BAY CAR HASH Check Number 52645 WEST HENNEPIN PUBLIC SAFETY 52645 05-Nov-96 WEST HENNEPIN PUBLIC SAFETY Totals Check Number 52645 WEST HENNEPIN PUBLIC SAFETY Check Number 52646 WEST PHOTO 52646 04-Nov-96 WEST PHOTO Totals Check Number 52646 WEST PHOTO Check Number 52647 WIDMER INC 52647 05-NOV-96 WIDMER INC Totals Check Number 52647 WIDMER INC Check Number 52640 WRIGHT HENNEPIN ELECTRIC 05-Nov-96 WRIGHT HENNEPIN ELECTRIC Transaction Amount Comments 21.19 62.60 62.60 UTILITY PUMP 52642 OS-Nov-96 WALDOR PL’MP 992 14 L.S.929 INSPEC.fc REPAIR 52642 05-Nov-96 WALDOR PUMP 561.53 L.S.924 INSPEC.6 repair 52642 05-Nov-96 WALDOR PUMP 848.90 L.S.921 INSPEC.k REPAIR 52642 OS-Nov-96 WALDOR PUMP 1.393.76 L.S.919 INSPEC.k repair 3.796.33 457.61 499.00 370.53 sewer pipe FIRE H'TRANT SUPPLIES PARTS 1.335.14 234.03 234.03 CA.; ’ASH TICKETS 7.00 7.00 FIELD SOBRIETY TESTING 337.61 337.61 FILM 626.00 626.00 BACKHOE REN7*AL i 52648 B.31 SECURITY LIGHT 7 Kov 1996 Thu 4:02 PM Check Register City of Orono Page 10 Check Number Date Name Transaction Amount Comments Check Number 52^40 52640 WRIGHT HENNEPIN ELECTRIC 05-NOV-96 WRIGHT HENNEPIN ELECTRIC Totals Check N^imber 52640 WRIGHT HENNEPIN ELECTRIC 9.00 17.31 SECURITY LIGHT Check Number 52649 YCXrUM OIL CO INC. 52649 S2649 04-Nov-96 04-Nov-96 TotAl* Check Numbei: YOCUM OIL CO INC YOCUM OIL u INC 52649 YOCUM OIL CO INC, 64.10 166.32 230.42 DIESE! FUEL KEATING OIL Grand Total 70,651.53 DiTORMATION ITEMS COUNCIL MEETING C ouncil meetinq NOV 1 2 J096 OF CITYOFORONO NOTICE OF TRUNK HIGITWAY 12 CORRIDOR PROPOSAL PUBLIC HEARING / PUBLIC INFORMATION MEETING AND AVAILABILITY OF CORRIDOR PROPOSAL REPORT Pursuant to Minnesota Statute 161.173, the Minnesota Department of Transportation is hereby giving notice of a Mn/DOT-sponsored Public Hearing and Open House Information Meeting on Thursday, November 21, 1996, at the Orono High School Cafeteria, 795 Old Crystal Bay Road, Orono, Minnesota. The Public Hearing will be conducted using a combination open house and presentation format. From 5;00 to 10:00 p.m., Mn/DOT representatives will be available to answer individual questions regarding the project, and the public will be provided an opportunity to make comments that will be recorded as part of the official public record. At 7:00 p.m., Mn/DOT will make a formal public presentation of the proposed project improvement, followed by a question and answer session, where Mn/DOT will respond to written questions from the public. The purpose of the hearing is to provide an opportunity for the public to comment on the proposed corridor location and the proposed highway improvement project on Trunk Highway 12 from approximately VVayzata Boulevard in Wayzata, Minnesota, to County State Aid Highway 6 (CSAH 6) in Orono, Minnesota. Court reporters will be available during the open house and public hearing to record public comments. Comments will be taken privately or publicly and will be limited to ive minutes. Written comments will also be accepted during the open house and public hearing or by mail directed to Patti Loken, Project Manager, Minnesota Department of Tran.sportation, 1500 West Count Road B-2, Roseville, Minnesota, 55113, before November 29, 1996. All public and written comments will become part of the public record. Copies of the Trunk Highway 12 Corridor Propo.sal Report were distributed to the following city offices: Long Lake, Orono, Wayzata, Tonka Bay, Spring Park, Minnetrista, Independence, Medina, Plymouth, Minnetonka, Woodland, Deephaven, Shorewood, Greenwood, Excelsior and Mound. Copies are also available at the following libraries: Hennepin County Regional Library (Ridgedale), Wayzata Public Library, Long Lake/Orono Public Library, and Hennepin County Regional Library (Maple Plain). Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 November 7, 1996 A'Oy p ^ :i99n (612)582-1296 RE: Trunk Highway 12 Corridor Proposal Wayzata Boulevard to CSAH 6 Dear Property Owner: As you are probably already aware, the Minnesota Department of Transporta*-•.n (Mn/DOT) has been in the process of choosing a preferred corridor for the upgrading of TH 12 in the Orono, Long Lake, and western Wayzata area. The corridor that Mn/DOT has proposed as its preferred alternative is called "Alternate 6 North" and generr.lly follows along the north side of relocated Burlington Northern Santa Fe (3NSF) trackage. A public hearing concerning this alternative has been scheduled for November 21, 1996 in the Orono High School cafeteria. A copy of the hearing notice is enclosed for your information. Although the alignment and grades for Alternate 6 North are still quite preliminary and the currently available mapping incomplete, it does not appear that any real estate parcels you own or have interest in will be acquired by Mn/DOT. However, due to your proximity to proposed improvements (500 ft.+), you may perceive indirect secondary effects to your property. Accordingly, we are taking this opportunity to notify you directly concerning the upcoming public hearing. If you have any questions or concerns before the hearing date, please contact Patti Loken, TH 12 Project Manager, at 582-1293. Sincerely, Tom O'Keefe Planning Engineer Metro Division An equal opportunity employer TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator I November 7, 1996 SUBJECT: Meeting with MCWD Representatives Regarding Storm Water Ponding Requirements On Wednesday, October 30 staff met with representatives of the MCWD and County DOT staff to discuss MCWD permit requirements regarding stormwater ponding for the County Road 15 and County Road 6 roadway reconstruction projects. The meeting also included a discussion regarding the development of a cooperative agreement between the city of Orono and the MCWD concerning regional ponding facilities. Those present at the meeting were as follows: MCWD staff: Gene Strommen and Dionne King, MCWD engineer: Andrew Sieverson, MCWD managers: Tom Maple and Monica Groth. County DOT staff: Steve Theis, Bruce Polzczyk, and Joel Settles. The County staff indicated that because the grade of County Road 15 is so close to the water level of the adjacent wetland areas, it is not possible to construct a stormwater pond to treat the increased stormwater run off from the new roadway. Instead the County will create a set of swales along the north side of County Road 15 between the roadway and the wetland area to provide some treatment of water before it enters the wetlands. Because it is not possible to construct a pond, the County must obtain a variance from this requirement from the MCWD. MCWD Stormwater Pond Variance Process The MCWD stormwater management rules require stormwater ponds for all new development. However, they do provide a variance process when it is not possible to provide a pond. The variance process requires a c: operative agreement between the MCWD and the city that identifies regional ponding facilities (in the city) that will provide for stormwater ponding needs in lieu of providing a stormwater pond on the site of each specific development project. The variance procedure requires that a cash payment be made to the MCWD in lieu of the construction of a pond to serve a specific development. The cash payment is then to be used to construct a regional ponding facility to address overall ponding and water quality needs. County DOT Pavment-in-Licu-of-Pond Because it is not possible to construct a pond to serve the County Road 15 project, the County will have to make a cash payment toward a regional pond facility in lieu of constructing a pond. The payment is estimated at approximately $5,(X)0 to 7,(X)0. The city will share in this cost. Both the County staff and city staff indicated that if the payment-in-1 ieu-of-pond needs to be made, the payment should be placed into an escrow account over which the County and City have control until the city has identified a regional or .sub-regional pond facility which this payment can be used to fund. The alternative would be that the payment could be used to fund Meeting with MCWD Representatives Regarding Storm Water Ponding Requirements Continued November 7, 1996 a regional facility in another part of the watershed district that would not serve Orono ’s ponding needs. Cooperative Agreement Between the MCWD and the City Although the MCWD’s variance process requires a cooperative agreement between the MCWD and the city, such an agreement is not currently in place. The general concept of this agreement is that it would identify regional ponding facilities that serve Orono ’s ponding and water quality needs. It would also set out how the payments in lieu of ponds collected through the MCWD’s variance process would be used to fund the regional ponding facilities. It was suggested at the meeting that the MCWD and city of Orono work together during 1997 to develop a cooperative agreement that meets the needs of both the city and the MCWD. TO: Mayor and City Council FROM: Ron Moorse, City Administrator DATE:November 4, 1996 SUBJECT: Highway 12 Interim Sewer Capacity Over the past year or so the city has been considering how to expand sewer capacity to serve the future needs of the Highway 12 area. The city was moving toward a major sewer trunk expansion project in 1997. The new MnDOT Alternative 6 proposal for the Highway 12 corridor has placed plans for a sewer trunk expansion on hold. Because the Alternative 6 proposal would involve substantial regrading and construction in the railroad right-of-way, it would also disturb the existing sewer trunk line currently located in the railroad right-of-way. MnDOT has indicated they will fund all or most of the cost of relocating and expanding the capacity of the trunk line as part of the Highway 12 Alternative 6 proposal. The only disadvantage of waiting for MnDOT to reconstruct and expand the sewer trunk line through Long Lake is that the project will not be completed until 2001 or 2002. The current trunk line will be at or near capacity once the north Long Lake sewer project and the ice arena project are complete. There are potential projects that could require additional capacity between now and the year 2001. These are as follows: 1. 2. 3. The city has had discussions with a developer regarding a proposal for a small bank and office building on the north side of Highway 12. This would require approximately 10 sewer units. If the Orono Schools moves ahead with another referendum regarding a building program they could require up to 75 units. It is expected that with the expiration of the development moratorium in the Highway 12 area, the city will receive a proposal regarding a grocery store at the comer of Willow and Highway 12. The city does not have an obligation to provide sewer capacity to serve development in the area north of Highway 12 between Willow and Old Crystal Bay Road. The Council could decide not to increase sewer capacity unless a very favorable development proposal was brought to the city. In addition to the potential development projects, the city has collected assessments from three propeity owners in the Highway 12 area for additional sewer units. There may be some obligation to provide capacity for these sewer units if requested by the property owners. 1 Highway 12 Interim Sewer Capacity Continued November 4, 1996 However, none have advised the city of any development plans. The three property owners and the number of units for which they have been assessed are as follows: Otten Bros. 30 Rebers 44 Wear 10 TOTAL 84 One potential solution to providing additional capacity on an interim basis is to expand a portion of the existing Long Lake sewer trunk line. For example; the installation of a parallel trunk line from Watertown Road to the Long Lake Metro lift station would provide an additional 100 units at a cost of approximately $150,000. In discussing interim capacity with both the City Engineer and the Public Works Director, it was suggested that Or >no should work with the city of Long Lake to find ways to gain as much additional capacity as possible from the existing trunk system to avoid spending money on a solution that is only temporary. Two suggested options in relation to Long Lake are as follows: 1. Long Lake is in the proce.ss of identifying sources of 1 & 1 in its .sanitary sewer system. Addressing the I & I would create more usable capacity in the trunk system. Rather than spending money on a trunk line expansion that will be replaced in 5 or 6 years, it may be a better use of funds to use that money to assist Long Lake in eliminating I & I, which would create additional capacity and would also improve the Long Lake system. 2. It would be possible to reroute approximately 75 current and proposed units of sewer flows from the proposed North Brown Road forcemain into Long Lake’s local sewer system vs. into the trunk line. This could make additional capacity available in the westerly half of the trunk line. These ideas have been discussed with the Long Lake City Administrator. A meeting involving the city engineers of both cities will be scheduled to determine potential solutions to the interim sewer capacity problem. TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator November 4, 1996 SUBJECT: 2.5 Acre Parcel South of the Orono Public Works Building on Highway 12 Bill Gagne, one of the owners of the 2.5 acre parcel of land on Highway 12 adjacent to the parcel recently purchased by the city from the County, was in to inquire about the city ’s interest in purchasing the 2.5 acre parcel. He was advised that the city was jnot interested in purchasing the parcel under the same circumstances as we purchased the adjacent comer parcel. However, the city is interested in working cooperatively toward both the sale of the property and facilitating a quality development on the property. If any member of the Council has a different view of the city ’s involvement in this parcel, please call me. • r* ^ '•Ir If _______I TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator May 30, 1996 '» •’ SUBJECT: MCWD Chanees to Storm Water Management Rules Funding for "Regional" Water Quality Ponding Facilities Staff recently met with MCWD representatives to discuss a recent change in MCWD rules which affects projects in Orono. The rule change allows for developers of sites smaller than 40 acres to pay into a district storm water fund in lieu of providing the ponding facilities necessary for water quality purposes on site (at MCWD’s discretion). At this time it is not possible for developers in Orono to take advantage of this change because it requires a cooperative agreement to be in place between the MCWD and the city for regional stormwater ponding facilities. The reasoning behind this rule change is that on small sites (less than 40 acres, and particularly less than 10 or 20 acres) it is either not possible to construct a pond which adequately handles storm water in terms of water quality or it is not efficient to do so, or both. In order tor a pond to be effective regarding water quality it must have certain depth and slope characteristics which require a minimum 1/2 acre foot print. Water quality ponds that are larger (1 to 5 acres in area) have been found to be much more effective at enhancing water quality than smaller ponds. Current stormwater rules require ponding that meets water quality standards. On small sites or subdivisions, it may not be practical to require a pond meeting water quality standards. Rather than simply allowing the developer to avoid this requirement, the MCWD rule provides an alternative that does address water quality needs. The developer pays the amount it would have cost to build the water quality pond into a fund to be used to construct larger water quality ponds to serve wider sub-regional needs. Currently on small parcels, or in relation to small subdivisions, the stormwater ponds are developed to meet storm water quantity control requirements. These ponds do not meet the size and other requirements needed for effective water quality treatment. The amount of land required for a water quality pond is substantial in relation to the land area of small subdivisions. The water quantity ponds provide some level of treatment to the water prior to discharge. However, what happens in fact is that because the water quantity ponds do not adequately treat the water in terms of water quality, the city’s wetlands are serving this purpose. Although this is as called for by the city’s Comprehensive Plan (which dictates use of our wetlands to filter stormwater before it reaches the lakes) and was state-of-the-art at the time it was put into effect; this has been replaced by new thinking that calls for stormwater to be substantially filtered in a water quality pond prior to being discharged to a wetland. The concern is that if wetlands are serving heavily as filters of stormwater they will over time be degraded by the sediment and debris which they are filtering from the stormwater. The concept of larger water quality ponds serving substantial portions of sub-watersheds has substantial potential benefits. However there are also substantial obstacles to this approach. These include the fact because there are so many wetlands in Orono it may be difficult to get stormwater from a number of small developments to a subwatershed pond without the water going through wetland areas. A related obstacle is how the stormwater from a number of different developments is directed to a single ponding area. These obstacles require a perspective on stormwater management that goes beyond individual projects. This may be a good place to start in relation to a stormwater management plan. Potential Fundin2 Source From a financial viewpoint the new rule creates a potential new revenue source for addressing water quality ponding needs on a wider scale than simply parcel-by-parcel. Because of the wide extent of water quality problem areas in the city and the high cost of resolving them, this could be a very important revenue source for the city. However, we can not take advantage of this without some level of stormwater planning that at least enables the city to identify priority water quality ponding needs that can be addressed by the construction of subwatershed ponding facilities. An additional concern regarding the revenue is that although the rules currently require a cooperative agreement between the MCWD and the city for this alternative to be used, if the city does not position itself to enable this to happen there will be pressure by property owners to allow this contribution to be made to the MCWD to fund regional facilities of the MCWD’s choice. Sediment Ponds Still Needed to Protect Wetlands Current laws do not allow direct discharge of stormwater to wetlands, without it first being treated. Because we have so many wetlands and so many small developments, it is likely we will still need small ponds upstream of wetlands to collect sediment and debris. The MCWD policy is that NURP ponds are necessary at least on a regional basis, so it is entirely possible that a developer may still have to build small sediment ponds in addition to contributing toward a regional stormwater facility. Potential Issues When will regional stormwater ponds be built ^ The rule states that the developers contribution will be used for facilities within the same subwatershed as his development. Orono contains parts of 9 subwatersheds as identified by MCWD, portions of which are outside the city limits. Will Orono accept the idea of regional facilities in the same subwatershed but not necessarily within city limits? Can a few critical sites for future facilities be identified and established without getting into easement acquisition issues? Without an interim plan and cooperative agreement for regional facilities, how will development proceed? Note that Rule B sets the developer contribution at $20,000 per acre foot of required pond volume. Will this figure change in the future? TO: FROM: Mayor and City Council Ron Moorse, City Administrator DATE:November 8, 1996 SUBJECT: City Housing Goals The city ’s participation in the Metropolitan Livable Communities Act involves the adoption of long term housing goals and the adoption of a housing action plan that moves the city toward the achievement of its housing goals. The city has adopted both of these. Copies of each are attached. The Housing Goals and the Housing Action Plan are based on the Housing Goals and Housing Improvement Plan included in the housing element of the city ’s Comprehensive Community Management Plan. In a recent discussion with Guy Peterson of the Met Council’s housing staff, regarding the city ’s housing goals, Mr. Peterson indicated Orono’s housing goals are very general and asked whether the city would be able to develop more specific housing goals. Orono’s staff response was that the city ’s housing goals reflect the city ’s Comprehensive Plan, and since the time the Comprehensive Plan was developed the city has not experienced changes significant enough for the city to make substantial changes to its housing goals. Staff also indicated the city is involved with other lake area cities in looking at the concept of "cluster planning" or sub-regional planning for housing needs in the lake area. But we do not know what this might mean for Orono. The top priority for Orono currently is to address the need for rehabilitation of the city ’s existing affordable housing stock. Mr. Peterson suggested the city may want to consider reviewing its housing goals at the time the city updates the housing element of its Comprehensive Plan (required to be done in 1998). If the city does have more information regarding the housing needs of the city of Orono and the lake area, and if there is increased certainty regarding the Highway 12 corridor by then, 1998 may be a good time for the city to review its housing goals. This does not mean that the housing goals would necessarily change. At this time the city simply needs to readopt its current housing goals. This will be part of the November 25 regular Council meeting agenda. At the time the goals are readopted, the Council may want to indicate the goals will be reviewed in 1998, or indicate the goals will be reviewed in 1998 if the city has substantial new information that would cause the need to review the housing goals. 1 A RESOLUTION OF PARTICIPATION IN THE METROPOLITAN LIVABLE COMMUNITIES ACT LOCAL HOUSING INCENTIVE PROGRAM WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life cycle housing goals for that municipality, that are consistent with and promote the policies of the Metropolitan Council, as provided in the adopted Metropolitan Development Guide; and WHEREAS, the City of Orono Community Management Plan includes the following goals: 1. To improve the housing conditions of persons residing in substandard housing. 2. To provide safe, healthful and blight free residences and neighborhoods. 3 To provide opportunities for a mix of housing types, locations, and cost ranges which will meet the needs and provide adequate housing for age and famUy groups. To provide housing types and residential densities consistent with environmental and land use plans and with the availability of public services and facilities. To provide immediately beneficial housing programs for the greatest number of needy Orono residents. 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 1996. Adopted this 14th day of November, 1995. 4. 5. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk CITY OF ORONO HOUSING ACTION PLAN JUNT: 24, 1996 Orono ’s Housing Action Plan is a set of implementation activities designed to achieve the city ’s Housing Goals. The dominant land use in the City of Orono is primarily that of single-family residential homes. There is very limited industrial-commercial development or opportunities for employmeiit and shopping within the City. Orono residents have always relied on the historic town centers in adjacent communities for shopping as well as employment. The general lack of commercial and industrial development and the limited availability of city services such as municipal sewer, water and mass transit will limit the opponunities for, and make it difficult, if possible at all, to provide opportunities for new life cycle and affordable housing in Orono. On the other hand, there are deteriorated and dilapidated housing units located throughout the City. Most of Orono ’s urban dwellings have been upgraded from seasonal cabins through either private or public rehabilitation programs. Others remain in need of attention. A top priority in Orono must be improving the housing conditions of persons who are presently inadequately housed and eliminating substandard housing. Thus, rather than pursuing construe ‘ion of new life cycle and affordable housing units in the City, Orono ’s Housing Action Plan is aimed principally at improving the condition of Orono ’s older homes, both urban and rural, and improving the housing conditiDns of Orono ’s low, moderate and fixed income residents. 1. 2. 3. ORONO WILL PARTICIPATE IN HOUSING REHABILITATION SUBSIDY PROGRAMS. Many Orono residents, both urban and rural, are occupying older housing that has code-related structural, safety or health hazards, substandard living conditions or energy inefficiencies. They would like to improve their housing condition and their neighborhood’s appearance, but are unable to because of insufficient income. In many cases, older couples are forced to choose between heat or food or leaving their place of long residence. Orono will continue to actively participate in Community Development Block Grant and Minnesota Housing Finance Assistance programs designed to help these citizens meet their very immediate housing needs. ORONO WILL COOPERATE WITH NEIGHBORING CITIES TO FULFILL ARE- WIDE HOUSING NEEDS. Most apparent is the need for many senior Orono residents who desire to live in the immediate area, but who cannot find available senior housing. Orono will actively participate with nearby municipalities toward jointly providing cost effective senior housing at locations that are near to home yet also convenient to necessary shopping, transportation and medical facilities. ORONO WILL ENCOURAGE DEVELOPERS TO PROVIDE A VARIETY OF HOUSING TYPES AND COST RANGES. Whenever a multiple family or clustered housing development is proposed, Orono will encourage setting aside a reasonable n HOUSING ACTION PLAN Continued page 2 of 2 4. number of units for large families and/or for low and moderate income families. Orono will consider participation in and assistance to developers in applications for loan guarantees or other suitable forms of housing subsidy aids which may be available. HOUSING CONSTRUCTION WILL BE SUBJECT TO UNIFORM STATE BUILDING CODE REQUIREMENTS BUT WILL NOT BE BURDENED WITH UNNECESSARY ZONING REQUIREMENTS. Orono does not intend to require arbitrary minimum dwelling sizes or minimum amenity installations as these artificial standards only drive-up the cost of housing while limiting the buyer’s freedom of choice. Zoning standards for lot area and lot density will be based strictly upon environmental concerns and public facilities availability. Zoning performance standards will be based upon minimum availability. State Building Code performance standards will be enforced to ensure structurally sound, weather resistant buildings providing adequate health and safety protection for the future occupant and for the general public’s welfare. ORONO WILL ENCOURAGE COMMUNITY PRIDE. Private initiative has always been a characteristic of Orono residents. Programs will be pursued to encourage ccnfinuing maintenance and upkeep of all properties and to promote the privately financed rehabilitation of older and under-used properties. ORONO WILL PROMOTE ENERGY CONSERVATION METHODS AND PROCEDURES. The building Inspection department will actively keep abreast of all new systems and products and will assist all homeowiers in auditing and improving the energy efficiency of their homes. Orono will actively pursue and advertise all available programs for energy conservation funding. November 1,1996 To: Orono Park Board From: Brian Bergstrom, Orono Community Education 1996 SUMMER RECREATION REPORT r .. 1996 Orono Community Education Summer Recreation PrograiTT^* '' Sponsored in cooperation with the cities of Independence, Long Lake, Maple Plain, Medina, Minnetonka Beach, and Orono Dates: June 17 - August 8 Listed below is the summary on the summer recreation program including participation numbers and total expenses. Enclosed is a bill for your city’s portion of the cost to run the Playground Program at Rainbow Park and Holbrook Park, the Ans in the Park Program, and the Day Camp Program at Baker Park. The program is funded by a cooperative effort by Orono Community Education and the communities of Independence, Long Lake, Maple Plain, Medina, Minnetonka Beach, and Orono. Orono Communit)’ Education pays for 50% of the costs from fees charged to participants while the six cities pay the other 50% of the program based upon the percentage of participants that each community has in the program. Expenses Workers ’ Salaries Supplies TOTAL EXPENSES $13,998.00 $ 412.00 $14,410.00 Amount requested from each city: Cits’Participants % of Total Participants Amount Independence 87 17%$1,224.85 Long Lake 82 16%$1,152.80 Maple Plain 64 13%$ 936.65 Medina 98 19%$1,368.95 Minnetonka Beach 29 6%$ 432.30 Orono 149 29%$2,089.45 Orono Community Education 50%$7,205.00 Total $14,410.00 i £1^ Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 October 28, 1996 Mayor Todd Olson City of Long Lake 1964 Park Avenue Long Lake, MN 55356 RE: TH 12 Improvement Project 612-582-1293 'NOV il 199G Dear Mayor Olson: I am writing this letter to update you on the issues and concerns with moving the Burlington Northern Santa Fe Railroad as proposed in Alternative 6 North of the TH 12 Corridor Report. At this time, no formal agreement has been made with the railroad and would be somewhat premature at this point in the project development. We have had two meetings with the railroad representatives to present our Alternative 6 North of the tracks and discuss issues with the concept. Our contact with the BNSF is Spencer D. Arndt, Manager of Public Projects. We are also being assisted with the railroad negotiations by Leroy Vague from Mn/DOT’s Office of Railroads and Waterways. At both meetings the railroad gave favorable suppon to the north of the tracks concept. Mr. Arndt expressed three main concerns at our first meeting; maintaining existing grades, alignment, and service to industry. Railroads have different design standards and specifications and must be followed and the current right-of-way for two tracks must be maintained for the possibility of future expansion. At the second meeting we discuss in more detail the Alternative 6 North and identified through the corridor the proposed changes to the railroad. Issues that were expressed were related to the existing sidings and the elimination of 3 bridges near Watertown Road and May Street. There is concern that pedestrians used to having access under the tracks may try to cross over the tracks. Benefits to the railroad will be the elimination of three at-grade crossings and the maintenance of the three bridges. Mr. Arndt is setting up a field review for Mn/DOT and BNSF representatives for the near future. Mr. Vague will be developing a Memorandum of Understanding with the railroad as the project development continues. Mr. Arndt telephoned me to let me know that he was asked for information related to the project and Mr. Arndt indicated to the person that they must go through Mn/DOT for TH 12 project related information. An equal opportunity employer Mayor Olson October 28, 1996 page 2 Attached is a copy of the memorandum I sent Mr. Vague identifying the proposed changes affecting the railroad with the Alternative 6 North corridor. Please feel free to call if there is anything that needs clarifying. Sincerely, 'Pajyi' Patti Loken, P.E. TH 12 Project Manager Attachment cc: Leroy Vague, Mn/DOT Office Railroads and Waterways Spencer Arndt, Burlington Northern Santa Fe Railroad Ron Mooris, City of Orono Dave Dudinsky, City of Wayzata State of Minnesota Office Memorandum DEPARTMENT; Mn/DOT MetfO Divisiofi DATE: October 23, 1996 TO: Leroy Vague Railroad Administration Section FROM: Patti Loken, P.E. Project Manager PHONE; (612) 582-1293 suajECT: TH. 12, S.P. 2713-75 From Wayzata Blvd. To CSAH 6 As we discussed at the meeting on October 17, 1996 with Spencer Arndt, Burlington Northern Santa Fe Railroad Project Manager, 1 would like to start the process of developing a Memorandum Of Understanding between Mn/DOT and BNSF for the . above referenced project on Trunk Highway 12 in Long Lake, Orono, and Wayzata, MN. The project will require the reconstruction of approximately 3 miles of the railroad starting just west of the Wayzata Public Works Facility to just east of the Stubbs Bay Road crossing of the existing railroad and highway. Mn/DOT proposes to change the horizontal and vertical alignment of the existing railroad following railroad design guidelines and standards. From east to west the concept for Alternative 6 North is as follows: 1. The horizontal curve near the DNR Luce Line Trail crossing will be flattened from approximately 2 degrees to 30 minutes in order to avoid impacts to (jreen Glen Park located within the north/west quadrant of the Dl^ trail and BNSF crossing in Long Lake. To the west of this curve through most of Long Lake, the new railroad track horizontal alignment will parallel the inplace track approximately 55 feet to the south with only slight variations from the existing railroad alignment until they join approximately 1500 feet east of Stubbs Bay Road. 2. The vertical alignment begins to change near Heather Lane just west of the DNR trail crossing. The grade is being lowered using a maximum grade of 0.4 % to aid in providing clearance for overpasses at Lake/Brown Road, I:\PJLOKEN\TH 12BA'TH 12nJL\RAlLROAD\LEROVMOU. WP Leroy page 2 October 23, 1996 Willow Drive, and Old Crystal Bay Road and to help mitigate noise impacts. Grades are estimated to be lowered from the existing grade approximately 6 feet at Watertown Road, 12.5 feet at May Street, 15.5 feet at Lake/Brown Road, 15 feet at Willow Drive, and 18 5 feet at Old Crystal Bay Road. The tracks will be back to the inplace grade approximately 0.5 miles west of Old Crystal Bay Road. 3.The railroad will be moved to south of its existing location throughout the project length which will allow for construction of the new segment while maintaining service on the existing line. MnDOT will need to acquire right-of-way from the railroad varying from 0 to 50 feet. Through most of the project length in the Long Lake area, the right-of-way required will be approximately 25 feet. Our estimates were based on existing railroad right-of-way of 150 feet and moving the reconstructed aligrunent approximately 55 feet to the south of the existing railroad. Structure and grade crossing changes required with the Alternative 6 North concept from east to west are as follows: 1. DNR Luce Line Trail Bridge over the railroad will need to be replaced. This may be a historic structure. Wlio is responsible for maintaining this existing bridge since the trail currently belongs to DNR? 2. Railroad bridge crossing near the old sewer plant now referred to as the Flemming Addition will be eliminated. There doesn ’t appear to be a road that goes to anywhere that would justify the need for a bridge. 3. Railroad bridge crossing at Watertown Road will be eliminated. This bridge provides access for Watertown Road, Bollum Lane, and Orono Orchard Road to inplace TH 12. Railroad bridge crossing at May Street will be eliminated. All of the above bridges may be historic structures and are being evaluated by the cultural resource unit at ths time. 5.The existing at-grade crossing at Lake Street/Brown Road will be eliminated and the proposed highway and railroad will be depressed approximately 15.5 ft. North and south Brown Road will be connected by a new bridge over the railroad and highway. Lake Street will either be a i % Leroy page 3 October 23, 1996 cul-de-sac or connect to Daniels Street under the Brown Road overpass. 6. The existing bridge over Willow Drive will be replaced with a bridge that will .1 the railroad and the proposed highway. 7. The existing bridge over Old Crystal Bay Road will be replaced with a bridge that will span the railroad and proposed highway. 8. Stubbs Bay road will be a cul-de-sac, eliminating the existing at-grade railroad crossing at this location. There may be a need to provide a means of allowing an emergency vehicle to cross at this location. 9. County State Aid Highway 6 (CR 6) is proposed to bridge over the railroad and proposed highway, thereby, eliminating the existing at-grade crossing at this location. Other considerations that need to be addressed are: 1 . The replacement of drainage structures, city stormwater and sewer utilities along the railroad corridor, and the design of the railroad and highway drainage with the proposed depressed grades along the corridor could be difficult depending on flowline elevations. 2. The closing of access at May Street and Watertown Road may lead to people attempting to crossover the tracks and highway near those locations because of past habits of being able to cross at these locations. The need to provide a crossing either under or over the highway and railroad in this area will be evaluated as part of Long Lakes request to provide access/trails for ' pedestrians and bicycles. 3. There is a long siding (second track) at the beginning of the project that starts further east into Wayzata and ends just before the first bridge near the Flemming Addition property and a small siding near Lake Street servicing a lumber business. Issues may arise due to the separation of the railroad and business by the proposed highway and the complications related to construction and maintaining rail service. 4. The horizontal curve of the new segment of railroad between Old Crystal Bay Road and Stubbs Bay crosses over the existing railroad and then ties back into the existing railroad a short distance west of this crossover. I;\PJLOKE*N\TH12BA\TH12JUL\RA1LROAD\LEROVMOU.WP Leroy October 23, 1996 page 4 Special consideration for the construction of the railroad in this area will need to addressed such as building temporary tracks. cc: Spencer Arndt, BNSF Tom O’Keefe MINUTES OF THE MEETING OF THE BOARD OF EDUCATION OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON OCTOBER 14, 1996 iQGG^ln^ of thG Board of Education of Orono IndGpGndGnt School District No. 278 was hold on Monday, OctobGr 14, 1996. Thomas Mich Noal Lawson PrGSGntt Martha Van dG Vcn Jack VGach PGg Swanson Dick LgwIs Absent: Bob Hoerr Board mGmbGr John Maresh arrived while the meeting was in progress. UPON MOTION by Jack Veach, seconded by Dick Lewis, the consent agenda was approved as follows: approved the minutes of the September 23, 1996 regular meeting; — approved the minutes of the August 27, 1996 Board workshop; — approved the minutes of the September 9, 1996 Board workshop; approved the minutes of the September 23, 1996 Board workshop; _ accepted the resignation of Juli Morris, Orono Primary School music teacher, effective October 26, 1996; — accepted the resignation of Valerie Oas, Orono Primary School custodian, effective September 12, 1996; — approved the appointment of Mark Hayes as custodian at Orono Primary School; awarded the van bid for three vans to the lowest responsible bidder meeting bid specifications, Superior Ford; — approved the ice arena lease for the 1996~97 school year as follows: ON FILE IN DISTRICT OFFICE approved the Activity Fund quarterly report - first quarter, 1996-97 school year; approved the Treasurer's report for June, 1996 and July, 1996; - approved the bills as covered by vouchers 094451 through 094900. Motion carried. Board member Maresh absent. Chairperson Van de Ven stated that, with the consensus of the Board, following the Superintendent's Report the recognition of National Merit scholars and newly tenured teachers would take place. Dr. Mich reported that Dr. Ernie Stachowski conducted sessions on classroom management and critical thinking last week; that on October 21 a professional day will be held with curriculum areas meeting by discipline; that he was distributing the Annual Report which the Board approved at its September 23 meeting; that the District had received an excellent report from the State fire marshall owing to the good work of the staff but that he wanted the Board to keep in mind that sprinkler systems in the high school and primary school are needed; that on October 28, Neal Lawson will attend the Orono City Council meeting as the ice arena should receive final approval and that Mr. Lawson will serve on the Orono Ice Arena board as the District's representative; that on October 25, Kevin Armstrong will conduct the Advanced Elements of Instruction for his peers and Board members are invited to attend. Dj-, Mich expressed appreciation to all of those in attendance at this meeting to honor the achievements of students and teachers who are involved in the business of learning and teaching. He called on Dr. Carl Shutts, Orono High School Principal, who introduced the following students and their parents and presented each student with a certificate for their achievement in the National Merit Program: Adrienne Richardson, Lisa Zeeb, Albert Boston, William Nicoll, Vivian Takach, Thomas White. Following the recognition of students, a Tenure Ceremony was held at which principals/supervisors introduced/acknowledted each newly tenured teacher, those teachers being: Tim Haislet, Karl Peterson, Mark Vonder Haar, David Benson, Laurie Jensen, karen Johnson, Maggie Knutson, Pat Wroten, Diane Carlson, Sara Falstad, Elizabeth Kirk, Lynn Walstedt, Ann Zeller, and Holly Elias. UPON MOTION by Peg Swanson, seconded by Jack Veach, the Board of Education expressed congratulations to the students listed above and their families for superior achievement in the National Merit Program. Motion carried. UPON MOTION by Peg Swanson, seconded by Jack Veach, the Board of Education congratulated those teachers who have earned tenure as a member of the Orono School District faculty effective at the beginning of the 1996-97 school year. Motion carried. Following the Tenure Ceremony, the meeting was recessed and a reception was held for the honored students and their families and the newly tenured teachers. Chairperson Van de Ven stated that at this time they would move to New Business, Item 3, Highway 12 Development/Open Enrollment with Mayor Tod Olson of Long Lake to address the Board. Mayor Olson presented to the Board the current plan for the Highway 12 corridor and stated that because the proposed highway eliminates current housing and knowing that some families will not be able to relocate within the School District, Mayor Olson requested that the Board consider a priority or preference for these families with respect to open enrollment status. Mayor Olson answered questions from the Board for clarification purposes. The Board of Education directed administration to research the issue as presented by Mayor Tod Olson regarding open enrollment and develop a recommendation for consideration by the Board of Education. The Board expressed appreciation to Mayor Olson for his presentation. UPON MOTION by Dick Lewis, seconded by John Maresh, the Board of Education adopted the following Communications Plan as developed by the Board^s Communication Committee and reviewed/revised by the Board at recent workshop meetings. ON FILE IN DISTRICT OFFICE Dr. Mich stated that as this has been revieved/revised by the Board at workshop neetings, he recommends Board approval. Motion carried. UPON MOTION by Peg Swanson, seconded by Jack Veach, the Board of Education adopted the assumptions as follows: ON FILE IN DISTRICT OFFICE Discussion ensued with revisions to be made as requested by the Board of Education. Motion carried. UPON MOTION by Dick Lewis, seconded by Jack Veach, the Board of Education approved the plan for sharing the Board's Facilities Assumptions with the community as presented. By way of explanation. Dr. Mich stated that Martha Van de Ven, Dick Lewis and he had met and their recommendation is as follows: — That an open forum be held in each of the six cities within the boundaries of the School District allowing for better dialogue and greater opportunity for participation. These meetings will be conducted by the Board liaison to that city along with a second Board member and a representative from the administrative staff. Meetings will also be held with government officials, the ministerial alliance as well as representatives from the Early Childhood Family Education program. Dr. Mich stated that a packet will be developed for use at these open forums. Motion carried. Dr. Mich stated that the October 1 Enrollment data is provided to the Board for informat ion?. purposes. No questions/comments were made. UPON MOTION by Peg Swanson, seconded by Jack Veach, the meeting was adjourned. Motion carried. Future H\V^. 12 close to a final decision Did you know that the future 2 lane HWY. 12 By Pass is soon to be formally decided upon? If you think it won’t affect your business, take a moment to review and think about this main concern. The 2 lane HWY. does not include an exit into the downtown area of Long Lake. Going west, you must exit at Wayzata Blvd., going “ast, you must get off at County Road 6. If you miss the exit, your customer must drive 4 miles through towTi and then 2 to 4 miles back into town to reach his/her final destination. How many times will your regular clients do this? Many questions were raised at the last Chamber Meeting, and we were asked to perform a survey to help the city establish and respond to the businesses’ concerns. Please take a few minutes to answer the following questions, and return the survey to the Chamber by Friday October 25nd, 1996! Your input is vita? to the decision making process. 1. Are you a drive by or destination business? 2. 3. 6. Where does the majority of your business come from? East - West - North - South? Please specify town (s) for direction if appropriate. What time of day are you the busiest? On Weekdays?__ On Weekends? 4. WTiat percentage and dollar amount of your business comes from... Drive by traffic?_____________________ Destination traffic? 5. What are your comments on this proposed route? Optional: Name; Company: Phone: LONG LAKE CONDITIONS October 3,1996 The City of Long Lake has stated that its support of the Mn/DOT proposal will be subject to a number of conditions. These are as follows: A. Mn/DOT to relocate those persons whose homes are lost to the project right-of-way and to accommodate those who wish to relocate within or adjacent to Long Lake, including moving existing homes to new locations. B. Mn/DOT to provide relocation assistance to all renters affected by this project. C. MnDOT, as part of their R-O-W acquisition for the connection of Brown Road from South of Railroad to North of Highway 12 to take all properties abutting Virginia Avenue. D. Mn/DOT to address concerns of property owners whose properties are not taken for roadway right-of-way but are near the new roadway. The solution suggested by Long Lake was to define a corridor of approximately 400 feet on each side of the new roadway. If property owners in this corridor felt the roadway had reduced the value of their properties. MnDOT would purchase the properties and would absorb any loss in property value. It was further suggested that property owners be permitted to do this from the time of design approval until one (1) year after project completion. E. MnDOT to construct sound barriers and visual barriers such that noise levels as measured in the City cf Long Lake sound level study (1995) and current levels on the North side of Long Lake (in Orono) are not increased by the presence of the new road. F. MnDOT to mitigate the loss of any park land including relocation and replacement of current Holbrook Park facilities. G. MnDOT to create pedestrian walkways over the railroad tracks and road at the Willow Drive and Brown Road Bridges and new pedestrian bridges over the tracks and roadbed at Holbrook Park and at the old sewer pond. H. Mn/DOT to replace any trails lost to the project right-of-way and construct sidewalks and trails along the new corridor. Highway 12 Ntw Alternatives 10/03/9612 37 PM I.MnDOT to rebuild the current Highway 12 corridor to bring it up to the current road standards. As a part of that construction; bury power lines along the corridor and install decorative lighting similar to that now from Martha Lane to Willow Drive including curb and gutter as appropriate, replace the existing Luce Line Bridge that spans Highway 12 at east end of City of Long Lake. J. Mn/DOT to purchase the Fleming Addition from the City of Long Lake for the purpose of providing a source of fill for sound barriers, a location for a storm water pond, and such other land use as may be required with control returning to the City of Long Lake after the project. K. Mn/DOT to replace the Long Lake Fire Station and City Hall at a location south cf the Railroad at Brown Road. L. Mn/DOT to replace and upsize the sewer trunk line currently located in the railroad right-of-way to meet projected needs of Long Lake and Orono. M. MnDOT to construct a “regional" stormwater ponding facility. This facility would be sized to serve the ponding needs of the proposed Highway 12 roadway, the projected needs of the commercial, industrial, and residential areas of Long Lake and handle the current and projected stormwater flow from Orono into and through Long Lake. Further, that MnDOT construct the storm sewer lines necessary to carry the stormwater from the commercial, industrial and affected residential areas to the regional pond facility. N. MnDOT to provide signage at the east and west turnoffs into Long Lake wh'ch will show services that are available by turning off the main corridor. Highway 12 New AltemaUves 10/03/9612.37 PM 6^LAKE MINNETONKA COMMUNICATIONS COMMISSION DEEPHAVEN EXCELSIOR GREENWOOD LONG LAKE MEDINA MINNETONKA BEACH MINNETRISTA ORONO ST. BONIFACIUS SHOREWOOO SPRING PARK TONKA BAT VICTORIA WOODLAND Novembers, 19% 540 SECOND STREET • RO. BOX 473 • EXCELSIOR. MN 55331-0473 612. 474-5539 • FAX 612. 474-0430 Mayor Edward Callahan City Council Members City of Orono 2750 Kelley Parkway, Bo.x66 Crystal Bay, MN 55323 Dear Mayor Callahan and Council Members: Your Lake Minnetonka Communications Commission (LMCC) and staff have worked very hard over the last year, to keep you appraised of major changes in technology and potential legislation in both Congress and the Minnesota State Legislature that effects communications or the obvious battle over rights-of-way jurisdiction. I expect that 1997 will be an even greater challenge for the Commissioners that represent Orono, and I would ask that you consider this when you make appointments to the LMCC for 1997. We will be examining the overall "future" of communications, working to help our cities retain control over dedicated rights-of- ways/easements, as well as negotiating a franchise renewal with Triax Cahlevision to provide a state of the art system that will offer excellent levels of service to our residents. I believe some of these issues to be complicated and involved and we will need active Commissioners. So once again, please remember this when you decide who will be representing you on the LMCC for 1997. As always, if you have any questions or the LMCC can assist you in any other manner, please call our office in Excelsior (474.5539). Sincerely, Lake Minnetonka Communications Commission Ann C. Thies Chair cc All Commi.ssioners 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR OCTOBER 21, 1996 ROLL The Orono Planning Commission met on the above date with the following members present: Acting Chair Charles Schroeder, Janice Berg, Elizabeth Hawn, Lili McMillan, and William Stoddard, and Sandra Smith arrived later in the meeting Dale Lindquist was absent The following represented the City Staff' Building and Zoning Administrator Jeanne Mabusth and Recorder Sherry Frost. Mayor Callahan and Council Member Hurr were present Acting Chair Schroeder called the meeting to order at 7:00 p m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REVIEWS (##I) #2178 NATHALIE GR.AY/ROBERT AND LORRAINE RODEN, 460 AND 480 ORCHARD PARK ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT - 7:00-7:04 P.M. The Affidavit of Publication and Certificate of Mailing w ere noted Robert and Lorraine Roden were present, along with an attorney, Kevin Dunlevy, representing Nathalie Gray. Mabusth reported that the application is for a subdivision of a lot line rearrangement involving a 15'xl 77' corridor east of the Gray property Deeds were exchanged in 1971 reflecting this change but taxes have never been corrected, neither do Hennepin County maps indicate the change. 1 he applicants would like to clean up their titles and get the taxes adjusted noting the division will have no impact on either property Mr. Dunlevy commented that the tax split problem was not noticed until recently. He noted that the County allowed the deeds to be transferred and recorded in 1971. There were no public comments. Haw n moved, Berg seconded, to approve 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. Vote: Ayes 5, Nays 0. (#2) #2186 JAMES PFLEIDER AND YVONNE COOK, 509 AND 511 NORTH FERNDALE ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT- 7:46-7:48 P.M. The Affidavit of Publication and Certificate of Mailing were noted. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#2 - #2186 James Pfleider and Yvonne Cook - Continued) The Applicant, James Pfleider, was present. The application is for a lot line rearrangement, whereby Pfleider would acquire a parcel from Cook,which he now maintains, in an equal exchange of property to Cook Mabusth said Staff was concerned with septic setbacks but Steve Weckman inspected and confirmed the 20’ setback from the newly defined lot line Both lots will maintain two acres in area as required by code The applicant had no comment. There were no public comments. Berg moved, Hawn seconded, to approve the subdivision of a lot line rearrangement for James Pfleider and Yvonne Cooke involving the properties located at 509/511 North Ferndale Road with the conditions that owners of I.ots 4 and 5 apply for the legal combination of the smaller parcels and adjacent homestead parcel at the City offices prior to the subdivision being sent to the County for filing Vote Ayes 5, Nays 0. ACTION ITEMS (#3) #2175 FRANK AND SUSAN KOUBSKV, 4785 NORTH SHORE DRIVE - VARIANCES - PUBLIC HEARING - 7:48-8:20 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicants were present Mabusth reported that the application is for variances for street setback and hardcover in the 250-500' setback area Staff reviewed the memo and advised applicant submit an amended plan in response to issues raised in memo. With the additional information obtained, Mabusth said there are now no excesses in either hardcover or structural coverage now proposed at 12 2% The 24'x30' garage addition is located in the required rear street yard. Since it is a thru lot, a 35' street setback is required. The applicants reviewed the concerns regarding the access from unimproved Park Avenue, which would involve obtaining a new address They have determined that they are unable to make immediate changes and are not inclined to close off their access from North Shore Drive at this time A new' proposal has been submitted that includes a 24'x24' garage and a 12-l/2'x24' deck and staircase to the south of the garage addition The deck would be attached to both the house and the garage. This would eliminate the street setback variance but would require a side setback variance of 2'. The garage addition meets the setback to the rear. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21. 1996 (#3 - #2175 Frank and Susan Koubsky - Continued) The new proposal would result in hardcover in the 250'-500’ setback of 33.7® b tor a 3.7®/o variance Allowed in this setback is 30®/i hardcover, and it exists at 21 2% The structural coverage limit is met It was noted that the grade level deck is not included in the structural coverage facts as there is no railing and it is at grade level Th. garage is proposed at 576 If The 17*x39* driveway (663 sf) could possibly be reduced in size to 14’ wide or 490 s f drive The sidew alk is 80 s f The deck is 421 s f and 200 s f of new hardcover for a total of 3930 s f Schroeder asked the applicants why they would keep the front drive Koubsky said the drive is a direct access to the house, and the garage is heated along with the basement. There is only two bedrooms in the house, one of w hich w ould serve as an entrance to the new garage Once the proposed garage is up, the lower garage would be turned into the spare bedroom and entry area The existing drive would allow access to get parts and such to that area The applicants are unable to do all ot the work at the same time due to budget constraints It is their plan to remove the front driveway but it will take several years. Hawn asked when the new garage is to be built and how it will be used Koubsky said there is only one door to the existing garage now and is only used for one car In the beginning, the new garage will have no direct access to the house There is a doorway to the back of the garage. McMillan asked if the sidewalk was necessary Koubsky said it w ould allow access to the house McMillan asked if there was any problem with remodeling the garage now to convert it to li\ing space Koubsky noted a furnace located in the lower garage now as well as hot water heater and the considerable amount of remodeling that would be required Berg asked if the drivew ay would be reduced in width. Koubsky noted that the driveway will be 14' wide and landscaping will be removed at 210 s.f Mrs Koubsky said it was their intent to move the garage back in order to keep the site line Stoddard noted with a 3 7®^ variance in hardcover in the 250’-500' setback, if the driveway was reduced and landscaping removed, the hardcover would meet the requirement. Mabusth asked when the address change would be done Koubsky said they had no time frame and were meeting with the neighbors. Koubsky said it is his intent to remove the driveway and make a 3-tiered landscaping area for aesthetics. Their plan for the total remodeling is 5 years. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21. 1996 (#3 - #2175 Frank and Susan Koubsky - Continued) When asked about neighbors comments regarding the remodeling, Koubsky said Gwen Gables was in fa\ or of the proposal and Mr Olson would like the garage moved back It was noted that Mr Olson's access is off Park Avenue with a Tonkaview address, Hawn asked if the Koubskys were comfortable with working within a time limit for the driveway removal Koubsky said he was willing to work with that but noted his budget restraints. Time limits may be set as part ot the conditions Stoddard asked about removal ot the shed Koubsky noted their lack of storage space but said they would be willing to remove the shed as it is in the right of way. McMillan commented that she was of the opinion that the garage w as in a good location but had concern with allowing two driveways to remain The safety factor with access from North Shore Drive was noted Mrs Koubsky said it is unsafe during the winter due to its steepness but has been improv ed upon Schroeder suggested one year for removal of the driveway Koubsky said it would cost $4,000-$5,000 to remove it Mabusth said the driveway can be barricaded by berming or fencing if cost for removal of bituminous drive is of issue Schroeder said the Planning Commission was more interested in removal of hardcover Mabusth reiterated the safety' issues involved and the need to cease access from North Shore Drive This would involve a change in address to also occur. It was noted that the City cannot legally deny access from the County Road Stoddard suggested removal and reseeding of the driveway. Mrs. Koubsky commented that there was the ability to add on to their present garage but they were trying to accommodate the changes desired by the City. The Koubskys said it would be different if their house w as lareer. During discussions, Stoddard said he would like to work with the applicants. Hawn said five years was too long to wait for the removal of the driveway. Hawn said she understood the need to do the remodeling in stages but was not comfortable with allowing two driveways to remain within the steep topography of the property. She also noted runoff to be a concern Schroeder saw the plan as sensible but also questioned the timing and c.xpressed concern over two driveways remaining. The issue of safe access is of considerable concern for the City. Access is difficult in winter. Mabusth said it had been her understanding from early discussions with applicants that the driveway w'as going to be removed and the address changed to Tonkaview. It was noted that if the applicant added a stall to their current garage, it would still use the same access which is not a desirable solution. Koubsky noted that the ditches were removed in the roadway causing the access to become safer. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 19% (#3 - #2175 Frank and Susan Koubsky - Continued) Mabusth advised that ifthe North Shore Drive access is no longer a problem for applicants that they take time to explore their options before building garage addition at north side of residence Schroeder suggested a time limit of 3 years Koubsky asked for additional time to review the options Stoddard did note that they would have the time between this meeting and the Council meeting to review the plans Koubsky suggested the application be tabled Schroeder moved, Stoddard seconded, to table Application #2175 at the request of the applicant to allow additional time to consider the length of time for the project and to obtain cost estimates Vote Ayes 5, Nays 0 (#4) #2176 DANIEL S. PERKINS, 55 LANDMARK DRIVE - RENEWAL OF ANNUAL CONDITIONAL USE PERMIT - PUBLIC HEARING - 7:05-7:18 P.M. The Affidavit of Publication and Certificate of Mailing were noted The Applicant was present. Mabusth reported that the renewal application proposes for removal of 200 cubic yards of peat material from two w'etland areas on applicant's property. Approval was granted tor the first removal from the smaller of the two ponds in 1995. This application is for the second phase involving 200 cubic yards of peat removal for the winter 1996-1997 season. Mabusth noted that access would not be from either Landmark or Bayside but from the Butterfield's property to the north as in the first application Schroeder read into the minutes a letter submitted by the applicant requesting an amendment to the proposal for shorter periods of time to simplify the procedurp from ever>' year renewal. Mabusth questioned whether this would involve a change in the amount of removal. Perkins said the amount of 200 cubic yards would not be changed as this has been determined to be the amount that is usable in the time period Applicant wishes to amend the current proposal to 200 cubic yards each year for a five year period. Perkins said he would reapply it a change is required. He noted that in the past two years, only one digging took place McMillan inquired how many dump trucks was needed to remove the fill Perkins said two ditTerent sized trucks are used, and the removal is completed in one day. McMillan also inquired if he crosses the Luce Line trail Perkins said that the Luce Line was crossed and Butterfield has property on north side of the Luce Line and is allowed to mine peat on his own property through a permit gained from the DNR. Butterfield has legal access over Luce Line. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#4 . #2176 Daniel Perkins - Continued) Stoddard inquired if wetlands permits were in line It was noted that the Corps of Engineers has given permission, but it is not in the jurisdiction of the DNR In that case, Stoddard said the only issue would be that of the length of time involved in issuing the permit He noted that the Council has approved an annual review Schroeder alluded to the minutes of the Council meeting where the application had been approved in 1995 The Council had thought an annual review' made sense Mabusth reviewed Council's concern recarding major changes in federal and state regulations and felt an annu- eview is most appropriate Perkins responded that the removal would not be done annually but only every other year McMillan questioned the slope and banks of the pond noting that there w as a steep drop off Perkins was of the opinion that there was a tapering to the bank McMillan commented that when the pond dries, there will not be a gradual slope Hawn voiced concern with a straight edge to the pond with water in it and questioned whether it would be hazardous if used as an ice rink Perkins said the w ater level is usually to the edge of the pond McMillan suggested that the slope was not 8 1 Mabusth asked if there were any cattails McMillan noted the pond to be that of type 2 citing no cattails planted Perkins said he did plant duck root Mabusth questioned planting when not completed. Perkins said it was done by Butterfield I lawn asked Perkins to work with Butterfield to correct the slope Stoddard moved, Schroeder seconded, to approve the conditional use permit and variance based on a Council review of every other year with applicant correcting the slope per the permitted varying slopes of 5; 1 and 8:1. McMillan and Perkins discussed how the correct slope may be obtained Mabusth noted with the last digging from this pond, the correct slope should be able to be obtained. Mabusth informed Schroeder that the current permit is for the mining of 200 cubic yards to peat for the w'inter 1996-1997 season. Vote: Ayes 5. Nays 0 (#5) #2179 THERESA NORSTED, 2811 CASCO POINT ROAD - AMENDED VARIANCE - PUBLIC HEARING - 7:18-7:46 P.M. The Affidavit of Publication and Certificate of Mailing were noted The Applicant w as present MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#5 - #2179 Theresa Norsted - Continued) Mabusth reminded the Commission that the applicant had tabled her application in order to reconsider her needs after receiving Commission comments and Stall information. The property in question is located on the curve of Casco Point Road The proposal is tor hardcover, structural coverage and setback variances tor the construction of a deck addition and a detached garage In response to Staffs recommendations, the applicant has submitted an amended proposal consisting of a detached garage with an outside stairway and a two story 7x10 5' deck on the lake side of the residence Neither structure w ould be located in front of the average lakeshore setback With the amended application, a side setback variance would be eliminated The two stall garage would have an upper level storage area. The applicant had originally planned on an interior access with pull dowTi stairs but had thought it would interfere with cars parked in the garage The plans call for a 5-l/2’x3-l/2' deck at the upper level of outside staircase The location of the garage would be as in the first plan submitted but there is a structural coverage drop from 15.7® o to 15.6^ The hardcover proposed at 32 8% is amended to 28.5®/o in the 75'-250' rethack Stall'commented on the location of the garage doors on the adjacent lots. The property' to the west has earage doors facing away from street On the east side, the door is to the street side and only 3’ from the street. The applicant’s garage is proposed at an 18’ street ^ setback with traveled road located 20-22’ and located 3’ from the side lot line. With the 1' overhang, however, it would be considered at 2' from the side lot line. Mabusth added that the l-uilding inspector found no need tor special fire wall requests for the garage at the pioposed side setback. Norsted was in favor of the location of the garage due to mature trees on the property. It was noted that two mature trvr*- would be lost if the garage were located nearer the residence The garage is also in the >ame general area as the previous garage. Stoddard noted that there is less hardcover with the front entry. Council's denial of front entry' doors in a similar proposal was noted Mabusth informed the applicant and Commission that the side staircase was not shown on the survey. She voiced concern with aft'ecting a tree located near these stairs Norsted said she was informed by a tree expert that it would not intert'ere with the root system of the tree The applicant added that the outside staircase was her preference. McMillan asked outside stairs to the basement. Norsted said she was willing to remove the three concrete steps, 3’6". as trade in order to gain approval of her proposal. There were no public comments. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#5 - #2179 Theresa Norsted - Continued) In discussing the front placement of the garage doors, Mabusth informed Stoddard that trees would be lost otherw ise and there would be a major increase in hardcov er if changed to a side entry The 18’ proposed setback is also an improvement over that of the neighboring garages In discussing the side setback at 2' with the garage overhang, it was noted that the neighboring garages are 1’ from the lot line and no specific requirements or concerns have been noted ly the building inspector Norsted said she also spoke with her neighbors. All agreed that the trees were a v alued asset Stoddard asked Norsted if she would consider a smaller garage Mabusth noted that Norsted had been willing to remove a grade level patio in order to maintain the 24’x24‘ garage size The Planning Commission did not encourage the garage to be moved closer to the street in order to lessen the hardcover. Hawn noted the room to maneuver allowed safer access. The issue of the outside staircase instead of an inside stairc se w as discussed The staircase adds 35 s.f of additional hardcover Hawn suggested a pull-down staircase along the back of the garage Concern w as v oiced over how it would change the roof style Norsted was concerned with the ability to move around inside the garage ard with the look of the garage Mabusth noted that hardcover and structural coverage would be reduced if the staircase w ere moved inside the garage The storage area is not planned for heat or plumbing. McMillan suggested the pull-down staircase be located between the two stalls Stoddard asked if Staff recommended the side staircase Mabusth said it was not discussed with applicant and is part of the amended plan She noted there is no side setback variance with the amended plan for the deck addition. The hardcover variance is 3.5® o and structural coverage at 0 6% The grade level patio was not counted as structure but was reflected in the hardcover calculations Berg asked if the applicant would consider a 22’x22' garage. Norsted asked if it would help if the staircase with deck attached to garage was removed from the proposal. Schroedcr noted that the purpose is to stay at or below the structural coverage allotment. Schroeder also informed Norsted that it was likely that she would end up with an interior staircase due to the difficulty in the winter in accessing the storage by an outside staircase. Schroeder commented that if the outside staircase was remov ed, he would be inclined to support the proposal. There were no public comments 8 NflNUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#5 - #2179 Theresa Norsted - Continued) Hawn moved, Stoddard seconded, to approve Application #2179 for side and street setback, hardcover, and structural coverage variances for a two level lake side deck and a 24'x24' detached garage with an interior staircase only with doors facing the street side. Vote Ayes 5, Nays 0. (#6) #2180 PEGGY AND FRANK PICHELMAN, 2920 CASCO POINT ROAD - VARIANCES - PUBLIC HEARING - 8:27-8:51 P.M. The Affidavit of Publication and Certificate of Mailing were noted The .‘\pplicant was present Mabusth reported that the application involves major additions for a home located on Casco Cove, a cul-de-sac consisting of 6-7 homes The house is a single story rambler similar to others in the neighborhood built in the 1960’s The improvements proposed consist of a 24'x24’ attached garage in the street yard, located 8‘ from the street w here a 30' setback is required To the lakeside, a 13'xl4' deck and 16'x24', 3-level, addition are proposed, a family room on the main level with lower level basement with an atrium upper level There are two options for an access drive Option 1 would involve the garage doors to the street side, and Option 2 would involve doors facing to the side. The second story proposed over the single story residence meets the setbacks and is behind the average lakeshore setback, as are all of the improvements proposed at the lakeside. The proposal calls for a structural coverage variance of 3.4%. Hardcover in the 75-250' setback is proposed at an 11 T/o excess with Option 1, where the doors are to the street Hardcover excess would be at 14 6°/o under Option 2, with doors to the side and driveway in the street yard with a back-out apron (see Addendum F-1 and F-2) The street setback is 8', although, the actual traveled road is 5-6’ bevond that The applicants had no comments to add at this lime During public comments, Mike Barrett, 2912 Casco Point Road, located across the street from the applicant, commented that he had not heard directly from the applicant regarding this proposal He said he received notification from the City and saw the posted sign. Barrett said the 'mprovements to the lakeside or inside of the home were acceptable to him I lowever, he is very concerned with the garage He understands the desire to have two stalls instead of one, but he sees no space for the larger garage w ithout sacrificing home space. He is concerned with the proposed garage being only 8' from the street, which would be situated differently from others in the cul-de-sac. Barrett feels the garage improvement may be too ambitious for the lot He said he could not visualize the garage without setback or architectural v iolation and noted it would cause the loss of two mature trees in the yard. MINUTES OF TIIE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#6 - <*2180 Peggy and Frank Pichdman - Continued) Schroeder clarified that the correct notification procedures were followed. Mabusth said the concern was with the lack of notification from the applicants Luann Powell, 2916 Casco Point Road, whose home is next door to the applicant on the north side, said she has lived there for 24 yea'; She reported ha\ing a major concern over looking at a whole new structure (24\24’ garage) on the property In her opinion, it w ould change the uniformity of the cul-de-sac Pow ell said she liked the plans tor the lakeside but found difficulty with the plans for the garage as well as the amount ot hardcover The addition would cause her yard to become shaded resulting in difficulty in growing any vegetation Schroeder inquired what the side setback was for the improvements Mabusth informed him that the side setback is 10’, which meets the requirement Powell said she also is concerned that the improvements would cause poor sight lines for acc-pssibility She added that there is a tuck under garage She also noted that the children currently residing there do not live there year around Powell said she would consider uiving 7' to the applicant for a larger side garage This would allow' he- kitchen not to look out on a major structure Powell also noted there were ’ ■. o mature trees that would be lost under Option 2 Barr>' Glassman. 2914 Casco Point Road, lives two doors away from the applicant He noted, when looking at the contour of the property, the garage and cars would now stick out into the road Glassman said the improvements would obstruct the views ot the Powells He felt the lakeside improvements were all right as the house is tucked into the property at that side Mr Pichelman was asked to remark Pichelman said it was not his intent to oftend anyone. He said they have not lived in the area long and had some crises which caused time to be of essence Pichelman said it was his intent for the plans to tit in with the legalities of the City Pichelman said there was already an 8' line from the end of the garage and 14’ to the bituminous Mrs Pichelman noted that they had considered coming out to the side to lessen any problems for the neighbors, but were concerned with a 3’ side setback The garage to the lakeside has only access to the lakeside and is used tor storage onlv Schroeder noted that the applicant would like to work with the neighbors Mrs. Powell said she would be willing to work with the applicant but did not see how' the improvements could happen Hawn said she was inclined to wait until the neighbors and applicants have spoken before further review as the proposal may change as a result. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (U6 - #2180 Frank and Peggy Pichelman - Continued) Mabusth informed the applicants that the next review would be November 18. She added that a side stall garage would fit in better with the neighborhood. Schroeder asked if the addition in front of the average lakeshore setback could result in a smaller garage to lessen the hardcover. Mabusth concurred that there would be a possible reduction in the structural coverage. Schroeder moved, McMillan seconded, to table Application #2180 for hirther deliberations of plans for a garage to fit in with the neighborhood and reduce hardcover. Vote Ayes 5, Nays 0. (#7) #2181 JAMES NYSTROM, 1745 CONCORDIA STREET - RENEWAL VARIANCE - PUBLIC HEARING - 8:51-8:53 P.M. The Affidavit of Publication and Certificate of Mailing w ere noted The Applicant was present, along with Architect. Gary Frazee Schroeder excused himself from review of this application Haw n chaired the review. Mabusth reported that the renewal variance was approved in November, 1995. and would expire November 27, 1996 The applicant did not feel there was time to begin the work prior to that date and has asked for an extension The approval was tor the razing of an existing residence and construction of a new residence. The property does not meet the 1/2 acre zoning standards and proposes a 9-1/2’ side setback at both north and south side lot lines 1 he structure is located in front of the average lakeshore setback, which is impacted by the existing home on property to immediate north that is located 200' from shoreline There are no changes proposed in current application The applicant had no additional comments There w ere no public comments When inquiring about the average lakeshore setbacis., Stoddard was informed by Gary Frazee that there was a problem with calculations when attempting to remodel the existing home It was determined that the best option was to rebuild. The current home and neighbors home were noted to now touch the side lot line. r MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 19% (#7 - #2181 James Nystrom - Continued) Mabusth noted that the hardcover in the 75-250' setback would require a 10% variance and a 30% variance in the 250-500' setback, due to the limited area in the 250-500' setback area The existing driveway at 1250 s f has a major impact Mabusth informed McMillan that a new garage would be built in the street yard and would result in a reduction of hardcover for the driveway Frazee added that the garage currently loads to the side and major removal of asphalt would result from the doors facing the street. Stoddard received confirmation from Mabusth that the proposal is the same as what was approved in 1995. Stoddard moved. McMillan seconded, to approve Application #2181 for variance renewal. Vote; Ayes 4. Nays 0 (#8) #2182 HERBERT TERRY OLSON, 3640 BAYSIDE ROAD - CONDITIONAL USE PERMIT/VARIANC ES - PI BLIC HEARING - 8:59-9:23 P.M. The Affidavit of Publication and Certificate of Mailing were noted Jane Olson was present. Mabusth reported that the application is for a conditional use permit and variance to construct a detached garage The existing garage is currently located adjacent to CoRd 84. and the applicant proposes to rebuild at same substandard street setback 6' to the east. A private sewer clean out was located by Staffjust to the northeast of e.xisting garage. It retaining walls are proposed around newly located garage, the sewer line would be impacted Mabusth said she received a call from Mrs Olson on this date, who informed her that the purpose of rebuilding the garage was due to the fact that the walls of the existing garage serv e as retaining walls of adjacent steep banks The Olsons would like to rebuild the garage and excav ate around the garage in order to hav e retaining walls The property is considered a through lot as well as a corner lot requiring a 50' setback from three sides of lot There is also steep topography to contend with There is an accessory structure at the northwest corner ot the property Mabusth said an application for a side setback variance in 1986 for a proposed addition was never proceeded with Mrs Olson said the addition was built but moved to the north side of the home where no variance was required It had been requested at the Planning Commission during that review that with the large size of the property, another area not requiring variances could be found where the addition could be built. The Olsons thought it over and made the change. 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBEK 21, 1996 (#8 - #2182 Herbert Terry Olson - Continued) Mabusth said the Olsons uould like to locate the garage at the 9' street setback. The Staff was concerned and had the Engineer review it finding that tw o tiers of retaining walls will not fit in the existing elevation with the location of the private sewer line There is also concern over backing out into the County roadw ay, especially in light of the steep elevations to immediate west Mabusth said they also looked at the drive coming in from the east (Stubbs Bay Road) When asked to comment by Schroeder, Olson said they have lived there for 20 years and have adjusted to where the garage is located and prefer that location Olson said the slope and landscape is a big consideration, and they like the look of it as it now stands McMillan asked about a concern w ith the garage being at the same elevation of the house and blocking the view Olson said the prime view is to the south She noted, if the Commissioners were concerned, guests, service, and emergency vehicles use the long driveway During a recent remodel, the driveway was used to remove debris and access the home, w hich w ould not happen if the garage w as relocated to the end of the driveway. McMillan asked Olson to consider the garage being tucked into the northwest area of the property adding that she understands there is a slope but there is one by the garage now. Olson said in front of the current garage, it is level now , and w ould have to excavate around it Mabusth said the excavation would be close to 8' with 4' at the first tier of retaining walls, and then another 4’ Mabusth also said there is concern with drainage and not having enough room, and the possibility of relocating the sewer line. Hawn asked about shoveling of the steps in the winter time. Olson said it was hard but she is used to it. Hawn noted this would not be the case if the garage was near the driveway, but Olson said the driveway was long Stoddard asked why a CUP was required. Mabusth explained that it was due to the lot being a through lot requiring a 50* setback at both the front and rear setback lines She noted that the lot being a corner lot also creates a hardship tor the Olsons. Schroeder asked Olson if she understood that the sewer line would have to be relocated. Olson said she did but would rather relocate the sewer line than relocate the garage. Mrs Olson asked if she w as unable to move the garage, what requirements would be involved in repairing the garage Mabusth said the garage was non-conforming and needs major repair which requires a variance Mabusth added thai the garage root also needs replacement Olson said the rebuilt garage would not serve as a retaining wall for the bank Olson said when the property was sold, the house would probably be taken down. Mabusth asked Olson if she found the garage to be conv enient. Olson said it was very convenient. 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#8 - #2182 Herbert Terry Olson - Continued) McMillan asked if there was any more detail on the retaining walls Mabusth said no detail was known but the design would have to show how much excavation would take place McMillan also asked if sewer lines can be moved Mabusth said they could but would be at the expense of the applicant Mabusth also noted that the sew er lines need clean outs located every so many feet Schroeder asked Olson if they have thought through the cost involved in relocating the sewer line Olson said no but did know what the sevser cost them initir.lly. Schroeder said it was his opinion that the application should be tabled to allow for further consideration Olson was informed of the proceedings w hether the application would move on to the Council or tabled and brought back before the Planning Commission. liawTi asked if the Olsons were able to pull out from the garage onto Bayside Road Olson said there is about 1-1/2 car lengths prior to entering Bayside, which enables them to look for any traffic Stoddard said he struggles with relocating the garage in this area when there is room to move it elsew here without requiring a variance. Berg added that the cost of moving the sewer line is on top of the relocation. Mabusth asked the Planning Commission for direction, whether they would allow the rebuilding of the garage in that location, to enable the Olsons to proceed Hawn said she didn't understand why the applicant preferred the garage in that location but asked for consideration of safety and of other options Haw n also asked about any impact on the sewer, the cost involved to relocate the line, and whether the applicant was prepared to pay the cost. McMillan suggested building the garage to the north She later said it would be a good exercise to consider such a change Olson responded that it would require more excavation McMillan asked what makes this garage handy Olson said she's able to look across the street and stores items in the garage, though not her main reason McMillan said she favored tabling the application and would like to see the design of the garage if it is to be rebuilt in that area or see a working plan for a garage otTof the long driveway. Hawn moved, Berg seconded, to table Application #2182 for further review. Vote: Ayes 5, Nays 0. NfTNUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21. 1996 (#9) #2183 CHARLES "BECK” KRAMER, 2990 SOMERSET LANE - CONDITIONAL USE PERMIT - PUBLIC HEARING - 9:24-10:04 P.M The Aflldavit of Publication and Certificate of Mailing were noted The Applicant was present Mabusth reported that the application is for a conditional use permit to dredge open water areas within two wetland areas The applicant ovvns three lots within the Old Cry stal Bay plat In review of both sites by the Engineer, no problem w as found with creation of the pond in the northwest quadrant of applicant’s homestead property, which is of a type 7 wetland The type 7 wetland in the woutheast and front yard was reviewed by John Smyihe of Bonesiroo, who is an aquatic specialist Siiiythc said he would like to see this type 7 wetland protected and not altered, which would result in loss ol several elm trees and sedges found within the wetland Mabusth noted that this area is not a DNR protected wetland, nor is there wetland located on the City designated wetland maps Because of this, no variance is required Mabusth said the applicant desires to have an open water area with the creation of irregular shoreline to encourage habitat w ith 8:1 and 5:1 slopes Gustafson and Smyihe warned that this may result in the loss ot vegetation and a unique type 7 wetland that show s no signs of degradation Kramer said his intent is to improve the looks of the area, and he is in favor of preservation Kramer said he was informed that he could go around existing trees, noting that alot of the trees have been under water for years Some have already been removed due to the flooding, which Kramer feels will continue Kramer believ es the irregular pond design will protect what is there. Mabusth questioned whether the pond has been designed and if it will be as proposed. She noted that the existing plantings provide a natural butter from the cul-de-sac Kramer reiterated that it was his intent to preserve the area with open water, irrt^i.lar shoreline, use of nursery seedlings, and possibly some new trees He mentioned w’orking w'ith a nursery firm in Wisconsin Schroeder asked it the applicant intended to plant evergreens and grass for a decorative pond Kramer said the plantings would be geared towards wildlife He also informed Schroeder that it was not his intent to mow the area McMillan voiced concern with the steepness, noting the diflicu! n cr eating a gradual grade, and with working around the trees without destroying tb i ‘ wstems Kramer said he would have to be selective but did not agree that the area v steep McMillan noted that some wetlands dry up in the summer and type 7 wetlands tend to be seasonal. She informed Kramer that tamaracks are a more natural tree for location next to wetland areas Type 7 wetlands were conducive to more deciduous trees, such as ash McMillan noted the difficulty in growing plantings in some soils and the need for information Kramer reported that he has completed 5 or 6 ponds, which have been very successfi.il. He said he lost about 25% of the trees and kept replacing those losi 15 .MINUTES OF THE ORONO PL.'VNNING COXLMISSION MEETING HELD ON OCTOBER 21, l‘)06 (#9 - #2183 Charles Kramer - Continued) Berg asked what the purpose was for the open water Kramer said it was his intent to attract waterfowl McMillan reported that he needs to realize what surrounds the area, i e , houses and dogs, and what privacy is there allowing ducks to be attracted to the area. Kramer saM there are ducks and geese now He added that he moved to the property I- 1/2 years ago and intends to enhance what is there with the right input from experts Schroeder asked if Smylhe has visited the property Mabusth said Snnihe visited the property on this date and w as of the opinion that the ponding should be discouraged as the area has not been degradated and is very unique He did not see any problem with the pond in the northw est quadrant Stoddard questioned if the open water area could be created in less than 100 cubic yards of spoils removal Mabusth said a permit would not be issued as the City would restrict all land alterations within this wetlands as a finding and condition of the current conditional use permit McMillan asked if there was any problem with a back yard wetland Mabusth said no. Smith noted that the Commission has reviewed other ponds, questioned if there were specific requirements, and how this pond compares to those mentioned Mabusth said the ponds being referred to by Smith were protected wetlands and required a variance It is not the case in this situation as this wetland is not a designated wetland Smith noted that the CoBin property is unique and efforts were made by the City and developer to protect it. Smith said she was not comfortable with the information on what the ponds will be like Hawn agreed vsith Smith She would like to see specific drawings on how it will look over time She also questioned how the ponding could be created without destroying the elm trees. Hawn would also like the updated plans to include what kinds of plantings will be used and where they will be located Smith added that she would like to know the elevations of the plantings Smith suggested a w etland specialist could provide that information. Kramer asked w hat the responsibility w as of the Corp of Engineers Mabusth informed him that it is their responsibility to look over land alterations for unprotected wetlands. She noted that the covenants obligate Kramer to have the Corp of Engineers review the alteration as it w as classified during the subdivision Kramer said the Corp of Engineers had no problem with the pond Mabusth said they would have no problem until it involves filling Kramer said he understood that development destroys such land but it is his intent to preserve it Mabusth informed him that the plan before us would destroy plantings. She noted the need for more detail as there is concern when equipment is sent into this wetland area. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (H9 - #2183 Chailes Kramer - Continued) Schroeder commented that one option would be to do nothing as the area is fairly unique as it stands Kramer agreed that this would be an option. Mabusth noted that there are guidelines to be used for spoils to protect the septic sites and wetlands She suggested John Smylhe work with the applicant Kramer said if he thought trees would die, he would not go ahead with the plan Mabusth responded, with the plan as shown, trees would die Kramer said trees have been under water and will be again McMillan added that alot of trees do live, some do die, and some become duck blinds, all as part of the natural cycle Stoddard informed Kramer of the problems incurred with type 1 and 2 wetlands producing purple loose strife He noted type 7 to be rarer and need to be preserved He suggested Kramer research wetland consultants, who could delineate what is there and will know what will grow. Kramer asked if it would be all right to add plantings Mabusth said it would and noted that there was personnel to assist him in that area Hawn asked to discuss what will be done with the spoils Mabusth said the spoils would have to maintain a distance of 20' from any wetlands The key is to protect the septic sites and keep trucks away from those areas by staking it out Mabusth noted that the 26' separation from wetlands required by code protects designated wetlands. She saw no problem w ith the 20' for this area Hawn noted that for conformity, she was requesting the 26' separation Mabusth said the Commission can ask for 26’ Stoddard inquired about the elevation of where the spoils would be taken Kramer said Mark Gronberg suggested some spoils be taken to the left side and some to the right side of the roadw ay McMillan responded that there is alot of vegetation on the left side of the property and believes the spoils would kill alot ol the vegetation. Mabusth added that there is concern with restoration of the ground cover. When asked by Kramer where the City would prefer the spoils to go, Mabusth said the optimal choice would be to leave the site entirely but feels a suitable site can be found on the property once the wetland and septic sites are staked out Stoddard asked when the applicant intended to create the pond Kramer said he would like to complete the pond this fall Stoddard noted that it takes time to delineate, mitigate, and develop a restoration plan Stoddard said he would agree to the pond in the back yard with more detail received prior to the Council meeting Mabusth asked the applicant to work with Stafl'regarding the front yard pond MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (U9 - #2183 Charles Kramer - Continued) Hawn moved, Schroeder seconded, to grant Application #2183, in part, for a conditional use permit to excavate a pond of the degenerated type 7 located in the rear \ ard behind the southwest pool and permit the applicant to place spoils 26' from any adjacent wetland on the property having previously located septic and building sites The spoils are to be confined to the east side of outlot C with suitable erosion control steps taken under the direction of the City Staff'. Kramer asked if this prev ented him from placing spoils on the left side of the property. Hawn said it did Schroeder commented that there was enough space and fewer spoils than originally planned Hawn added that there was suitable vegetation on that lot before building and would require erosion control Mabusth agreed Schroeder asked that the motion include a 16-1/2' edge around the perimeter of the pond be planted with plantings conducive to a wetland pond. The other type 7 wetland on the property is not to be altered The applicant is to worp with Staff regarding additional plantings Vote: Ayes 6, Nays 0. (#10) #2184 BRIAN CARRINGTON, 1920 SIXTH AVENUE NORTH - VARIANCES - PUBLIC HEARING - 10:04-10:09 P.IVI. The Affidavit of Publication and Certificate of Mailinu w ere noted. The Applicant was present Mabusth reported that the property is located on the north side of CoRd 6. There will be a new residence on the property The e.xisting residence is proposed to be converted into a storage structure and plumbing fixtures are to be removed. The issue lies in that the existing residence, now becoming an accessory structure, is located in front of the new principal structure and requires a variance Carrington said he would like to maintain the heating system in order to work in the storage building The heat would be used only when he is in the work shop refinishing antiques Hawn asked if this can be done without maintaining water Carrington said he would like to keep the well for watering the shrubs adding that the water would be turned off'during the winter months Carrington said the structure would be used as work space only. Hawn asked if there were any necessary ’ repairs Carrington said he would need to reshingle next year and perform some repair of the foundation supports for the porches MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 (#10-2184 Brian Carrineton - Continued) Smith asked if there was any historical significance to the house Carrington said, although it was the Wolsfeld property, there is no significance noting the size as being that of a double garage There were no public comments Stoddard asked about the well. Carrington said it would be used for irrigation and would need a spigot only on the outside of the structure. A new well is being dug for the new residence Smith moved, Hawn seconded, to approve the variance to conv ert the existing residence to a storage building to include heat for a workshop and maintain the current well for use as an irrigation system for outside yard use. The other plumbing fixtures are to be removed McMillan asked if the neighbors were notified. Carrington said he spoke with the adjacent neighbor, who approves, and the Citv notified others in the neighborhood V'ote Ayes 6, Nays 0 (#11) #2185 RICHARD AND MARY JO KOVACEVICH - 1580 BOHNS POINT ROAD - VARIANCE - PUBLIC HEARING - 10:09-10.14 P.M. The Affidavit of Publication and Certificate of Mailing w ere noted The Applicant was represented by Jim Jensen Mabusth reported that the residence was built in 1987 along with the pool. At that time, the open water area of the pool was not considered hardcover. It is now considered hardcover resulting in an excess of hardcover over the 25% allowable. Hardcover exists at 27.18%. The proposal results in no increase with the placement of improvements over existing structure. The 75 s f of additional hardcover will be matched with the removal of equal concrete area Structural coverage is at II .3%. There is no impact on the average lakeshore setback as there is no structure on the property to the east. Mabusth said there has been no response from the neighbors. Jensen said the 900 s f swimming pool will hold 9" of water during rainfalls McMillan added that the pool cover would have to be removed for this to occur. He noted the 870 s.f of excess hardcover or 2.1% in the 75-250' setback. The home is located 150' from the lakeshore Jenson said there is good retention on the property and no net change in the hardcover. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21, 1996 There were no public comments Hawn moved Smith seconded, to approve Application #2185 for hardcover variance with no net increase Vote Aves 6, Navs 0 (#12) ZONING AMENDMENT B-5/B-6 - CONTINUATION OF PUBLIC HEARING - 10; 14-10:20 P.M. This application is a continuation of the public hearing on the Zoning Amendment for the B-5 and B-6 Zoning Districts The changes in the amendment are a result of a September 27 work session Mabusth asked if there were any questions Hawn, who was not in attendance at the work session, asked for clarification pertaining to permitted uses She cited the example of allowing a sit-dow n restaurant, but not a drive- thru restaurant Hawn asked what Orono's view point was in respect to serving alcohol in an upscale cuisine restaurant Schroeder responded that it would require a future amendment of the code The exclusion is drive thrus w ould not be allow ed under conditional uses either McMillan inquired if there w ere any liquor restaurants in Orono. Mabusth said the only one would be Jimmy's Lour e Mabusth said a Class I restaurant with on-sale liquor would require a conditional use permit as well as a liquor license Schroeder alluded to page 1, under Discussion, item #1, where a Class 1 restaurant is described as a sit down restaurant with no liquor or live entertainment and inquired if liquor was not allowed Mabus.n said the definition came from the existing code. It was decided that all of the business uses should be revisited and reviewed to consider further changes during this upcoming year. Schroeder moved, McMillan seconded, to recommend approval of the draft ordinance. Vote: Ayes 6, Nays 0 PLANNING COMMISSION COMMENTS (#13) REPORT OF PLANNING COMMISSION REPRESENTATIVE ATTENDING COUNCIL MEETING OF SEPTEMBER 23, 1996, CHARLES SCHROEDER Schroeder noted no conflicts with decisions made by the Council on zoning 'ssues. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 21. 199b (#14) O. HER ISSUES FOR DISCUSSION McMillan reported that ihe October 14 Council meeting was historic with its unanimous approval of the Alternative 6 proposal by MaDOT This proposal places the new Hw> 12 on the north side of the railroad tracks with major etfect on the Orono Oaks neighborhood, east of Orono. and Silver Meadow by Old Crystal Bay Road McMillan said the railroad would benefit from the elimination of three at-grade crossings and two railroad trestles at Orono Orchard and May Street Final approvals are to be made in November. (#15) PLANNING COMMISSION APPROVAL OF MINUTES OF THE SEPTEMBER 16, 1996 MEETING 5;hroeder moved, McMillan seconded, to approve the Minutes ot the Planning Commission Meeting of September 16, 1996 Vote Ayes 6, Nays 0. (#16) PLANNING COMMISION TO SELECT REPRESENTATIVES TO ATTEND THE COUNCIL MEETINGS OF OCTOBER 28, 1996 AND NOVEMBER 12, 1996 Mabu. oted that the ice arena issue will be discussed at the upcoming October 28, 1996 C icil meeting if the MUSA application is approved on October 24 Hawn will attend the October 28 meeting of the Council Berg will attend the November 12 meeting of the Council ADJOURNMENT Schroeder moved, Stoddard seconded, to adjourn at 10:28 p m Vote; Ayes 6, Nays 0. Charles Schroeder, Acting Chair Person u v»v> O a n r — v»_ cr ::r:rf5 •< ^ (/>=r o ai o tj: ^ r> 'T) 3 ^2 s C -- *n a> 5 5-SJ CL O ^ 3 £J CJ ~n <t) »3 • «^ * »~» 5/i C • Vj O 7^' — £ ? = • ^ 1 t/Q ^ C O V «-i 3 C 5 v»‘ 3- =;'^5 ^ '< ^ o v» CJ o c :: 3Q 3=5 3* S' ^O r> o o CD ::r ^ O u. r a> C *3 fu 3 V ^ £ O. ~ o '"’ 3 O c 2 5 5 c •-Iro O O O 3-2-a •’>< X ::; 03 ^ 2 S ° <u co CL :r tr ^ 3 c r- ^ cr a3 0 = 0 •>*>■«-« V» w 2 ^ ^ 5 oj r o X3 <t ^ O o ^ - O' &- V. 3 fiJ < *-i V 3* Ui < o CJ ^ 30 3 O ?a: - ^ ^ 3 ? X o ^ r 2:Sx X r*^ 'VI X3 03 O 3 -• S Ei CL . »W - r*' C E: 2. ~2't V H n T3 O. a 03 VI 3•-^ 3 r" 3 •— O o o 3. O 2 2 o c 3" •a «- 53 ^ 3- 3. s^§3- 3 5a X - u ^ 3 "^3 o 2 a. — 3.^ CT* VI n ^ fz « 3‘ CJ —♦ 3 X ^ 2-£ i>H -1 rj < - o d Oi ■ o ^ 3. 3. 33 ^ 3 —* 3 ^ 3Q O 33 O "3 rt n . • 3 oro 2 *2 SX. 3" 3. S *H- 3 3: > 2T O o 3 > O ? o X E7 3-5^ ^ 3* ^ <^ s3 C ^ SJ — n s a. 5 n <v 3" n Q. CL ^ /■' z: ^Q r CJn O ^ S :: o ^ Ei CL < £< C Cl tJ or OJ o -*• •*«• —' o -. •-n 3 :::a o’ S' o 3 <—• ^ nt o V a: o 2*-»» CL X < £ sj!7 V ^ ^'2O CL < X o f-noc -1 c V 3 Cl c: o X -- o ' :j. c? w 3 5-E < ?x=5 Ei :3.7Q CJn c; r-a —' <- 3* <T5 CJ -! r- 3 2 ai CL =1 £ 5- a X a? -. < V. < 2 o^ ^ £ a 2 05 ..C- o* ai V. *^3 0) 3- c 3 OJ 3 CL 3 < 3* O o' i 2 2-2 •3 ^ X 2 = 7 'V —» 3: o < o * •**• 05 ri 3 a; CL 05 V C c ^ oa X ^ •->! X 'JQ 0.7:3 --1 To o. 05 JL 2 :j O^ V w w 2 5. ^ -Ic' o V O Z 2 2^2 o o n 05 ^ < V' V^ 3 3 C ^ C 05 V ii S 05 X X. 05 V 2. 3* CL ■ 05 V* tX) O 3 V« V) O ^V •- o -L £ c 3“ 3 2 c>VI /> 'V .-• 7C O. o X E! ^3* ^ y c l£c^ 7- c 2 o “ O tf> p~5 5 C =• O TO > ir cr: <D — CD O■«■ >*v-tro n < c oo Q.t/> 5- ::c O 3T £T. c O o «—I* ^o ££ :! .r ry5 C CA £ =1 o £■^ xi x: «w<^ x: ^ 2=* s' I- - CJ vji O c X C/) X o _1K = =: rrZi SJ —' 1^ =- 15 rj 'j-i ‘ZL, o 3 <^ o o CA O 13- — ^ 3 O Q Q ^ •-W ^ ^ f—4* ^ P o P 3 1^ c/5P ^ r ' ^ <1 ' Oq - ‘ 5 ui: •^: rsj; •Ni: U«4' “1 CJ ■“! 1^ C 3 O LO O X 05 C •< — X- 05 n yi::r o O' O! O' rj: d 3 W X. ^ S 3 .X -1 3 05 X- 3- ^ > o o 3 o o £- X ■ o “ CL o X“ o , C* X CTQ H cr < —*y^ n 3 ^D y< CL 3fj **' c^ 5 05 -L - S-o c “ £ -L O 3 3 —1 3“ O §5 C ^ y- y 3 5^ 'W 3 3 > - r- - 9 <. X 7£ H r" 3 ^L: o Q £.3 3 X o »r-t rs D ^ O 3 3 0 3^ 3 L5 w ^ rl CC 05 - 3 " <3 »3 £ Z3 3a V:c n oo ^ s ^O 3- <D v< =^ET yi05 y: £’ 5i > *3 ^ r i 3 05 > 3 S5 7 n> •*N> c 05 y 05n 3* C y = •0 2 O C o-< EL'/i (m " (/) (D 3 0) o y CO CD 75:3 y. y ^ X r- 5; 0) a>S’ 5; c 3 ® Tl J T> S’ X S «-* 'Lf ‘'■ r < ■***^ •"o . S < M V.; V. ^ rti I/I °- S a, 533 « -oo- -aj 3src? ° 3 ^O «-► Q> ■Ji22o 2. 5 * £ X* 3 2 ^ 5^1 T3r o> ft> W 0) " 5o s "■ 3 w lu 5 osz: 3 ^ -iV. . rr* ’■ ■<:• .•’,. • > * "x ' '^'r-^; V"-‘^* >'i^ M'fjaiii#® 'vi ■'?:v-Vv. i45 P- '-'-.'i'*'■■•• A ^ «; • ■■;< .•‘- '.•.*•■ ■' ^ - *1^ ..JM v'.^ ■; *’-^n » '- •>•■ •■'■ ' '^ : ■'^ "‘ '"j * ■ > ^ <■?. ■ r. k «|m ' ■‘''M'' ' 'v ' "* ^S a> V 3 n> j- ci- V 05 O C cr 3 c • 3 -I & =r S’ c X3 2o ili-l . 4V ^ oo X" 05 r-*- D •5^’ L- (u 0) 3o 3 V X. Q. 0> CO o o 3 „ Q. ^ 0) ?i ?5 O < ^^00ro 3 o *-► Ss « =S 8JTO 0) V > -V 3 5=S o c^ (mc 0) 3 0) «!• 2.^ a. ^ LO QJ ^ C' 5 c o =. . 0) U) 3 O CL ‘(m n 0) “ io. ^a< U» < ^< CT C §• cv o :? S o 0) o ^< cr 3. 5i 3 3 OrCL T7 £ 3" 0) ct> o 3 ■ F? ' ^ i: -. IiBs il liK:: r%- 'V ^ '.*n !’"•' ^v:im s Hi r: 5 o 5<-r-* (X X O: cr CL rr a ^1 - CL — rC.., rr: —. »-• O *-r 05 -I _ c: c X3 y XT ^• N 7 05 N5 ^ X 05 3 O *3 X n c = C- ^ O 05 y *n 35a o ^ __y C y y <^2 05 Q d y 7T O y Q. ^ 2 -r 05 y 05 y 2.7 O 05 2“o y — rj 2 3* 05-7 O - ^ £ 3 00 c 3* CL CL O 05 ^ ^ D < i£ =^05 ^ ^ 05 •-., cj r' o _ea______________Q_ £3* d X 05 X o rr - " 3- ^--u ° ° S o a m'a "n - ^ 05 £ 3 C 33ro X o ^» cr —*< o D •• 05 o •< 27o 05 ^3 X r--r- C>^CJ ^ ^ ^ 05 —X S ^ 3 3 £ V < y —1 O y T)n On C 3 -I y C -1 O 05nn c y rQ D- OQ 2 05 X r> T- X •'j CL ^•■3:00 y y O 05 3 •<c o o X '/■. ids rt d 05 O =3 iC n 05 y Ei''"oC2g3d - Cl o r- ri X____ O y 3 3“ ro — 01 _____ 05 O ?S’ ^ 3 3* O y O X^ ^_ o —J _y_ = =3 ^ rJS C'Q. o'® 3__911^_____ ,<>—_ s ^ ^ ^ ^ C3 £ 3 Ci O c 2 C5 :r ^•1* ^ ^c53 <m X 2? -H -< ‘< »-» d o d ~ ^ Cy S >^ c • S s 1- S D ^ i > < •iso's » O O ■* O i-i CL5 cr i.Jiry £i -r*^.; mmP^- w * %^1If •f- #•• . »;i Si^-.ri ;PO_qFFJ|>.MTH^TH.S AD)J t Nordell JUDGE enence unty Seat 43 < l*«Kf..n . U-n InUTl.ultn, Ul».! . MpK »w. ^icp® winwn \-l 1' Oemonslration Seminars. We ll be ■ well as giving an actual hands on ‘ ng and Informative 3 hour class. Perfect “ i-Yourselfers who want to brush up. > H oominglon A Roseville) ^Seville) lominglofl, SI. Louis Part) mouth) Metro Stores) lomington) Louis Part. Broottyn Part A Rosevitte) Motro Stores) n to 9pm ) 5:30pm T to 5pm are Bloomington 1; > C^li ' Lyndale Avenue S. '] lions! 881-2595 i Park St. Louis Park 91 6415 Hwy 12/1-394 .i! 54 591-1535 | a sill- wlu'ic nail users c;ui park their bicycles then enter Wood Will, riiere they will walk beneath the canopy of tall trees and ihroiinh a protected remnant of I he Wi); Woods. Native forest I lie WiiL Woods blanketed more than 2 million acres ol east- eenlral Minnesota, includiii); much ol what is now the metro .area. I In hardwood forest was domiiiaied by threat, oli' trees, he ue.illi which werecoiimless wild- llowers. .Most of ili.u r„r,.si was logjjed loll}; apo and has been convened lo aj;riciiltuie ami oili­ er uses. Today, less than I percent of the orif^mal Hi); Woods remains — most of it in small, seaiiered parcels that have lieeii degrailed. often by j;razinj; livestock and in­ vasions by nonnalive plants. One ol the few lai);e. pnblic tracts ol the old forest is Nersiraird Ibj; Woods State I’ark. near Nonh- lield. riiere is stronj* inteiesi in le- sloring pirars of the Hif> Woods. Mm that takes time: tireat oaks )^iovv slowly from little .acorns, and the DNW .-md conservtition fjroups are eager to jrrotect the lew private parcels of the Mig W('ods that remain in good eon dilion. I he Orono tract was idemifietl as such a parcel last year by the lilNM .s (.oiiniy Miologie.'d .Survey, wlii' ii is an-inveniorv of n.iinral resources ihrongliom Minnesota. That prompted Djnpsiroin, who supervises the DNH's .Scientific .'ind Natural Areas Program, to tell Dayton and Snicker that the stale V ‘ ileresled in cooperat­ ing wif liiem to preserve their land. Dayton. 7H. is a retired chief i‘xectilivc officer of Dayton Hud­ son Cnrp. .111(1 a major art collec­ tor and pnilanihro|iisl. Strieker. (>1. is founder of the Marsh, a health and fitness center in Wav- zaia. Dayton's philamliropv has lieen largely in the arts. Poi ex­ ample, he paid $.S inillidii in l!)l);) lor a Claude Monel painting for the .Minneapolis Iiistilnte of Arts. ■In inspired name: Mruce Dayton, who donated 1 aO acres in Orono to the state. W.1S inspired to name the tract Wood Will by a pas­ sage in "Song at the l eaM of Mroiigham Castle." an 1807 poem by William Words- wciiih: Love had he found in huts u ltere fmor men lie; Ilis daily Icachers had hern woods and rills, Ihe silence that is in the Starr}' sky, Ihe steeff that is amon^ the lonely hills. Ari /' ! .-I I V V: UiY'/P'-- 1 W /I BkP .WT ■v!tMri: . '.T.ist V ► To he,ir excerpts from Ihe poem, call li7;t-9045. ► To read the full poem, see Star rrilnine Online at mv'w.startrihune.com t. Jmi IS:'/) % iji \ U : ■ where he is a life irnsiee. A younger brother. Wallace Dayton, is a major iomrihntor lo conservation causes. Among his donations vv.is a SI inillion con- irihmioii in 1990 lo the Nature Conservancy to buy tracts of cx- cepiiona! ecological value. That's Ihe largest gift ever from a Min­ nesotan to the consen'aiity. a pri­ vate group. Mruce Dayton had not been involved in stich land-preserva­ tion efforts before he was ton- taeled by 1 )jnpstrom. However. Dayton said, “I'or a long time, inv wife and 1 had l)fen thinking. 'Wh.il is the best aiul highest use for this jiroper- lyV We didn i want it developed. When the DNM suggested that they wanted it, we g;ive it a lot of thought and decided that would he the best (inleome. It's just the natural omcoine of what we've enjoyed foi almost.')() years." In a snhseipieni meeting with Djiipstrom. Dayton asked. "What would von sav if we g.ive it to your Djnpsirom's answer was suc­ cinct; "That would he fantastic." “I % Yh > 1 ^ \ . I / V s the natur.ll outcome of what we've enjoyed for almost 50 years,” he said. acre parcel, which also is a prime reinnani of the Mig Woods. 'I he account, pan of the Mein Once that moiicv is available*. Djnpsiidm said. Ihe DNH plans lo use it to buy or obtain protective * vest in Minnesota program, is ease.iien.s ^l u^ tl y la^ used o buy aiul restore haliiiat the Orono tract. ' ' ! lor wildlile. lish and native plants. Donations of cash, land or ease Dayton and Strieker, who live > on part of the tract, liavc allowed ‘ Misi f ll 11 su « rt.* a.**.I, « I. I. .1 • I mi.Mfc iva.a I ...........r 7 . ‘\n\Q\, nave aiiowCvU * u tils on land are matched dollar neighhors to vvak through their ■ lui dollai by stale nioiu'v a|)pio- woods ^ ' |)iial('d to the niTount. Mecau >e oflers to donate mon “I've kept it open.” Dayton said. 'Tve eneounged other peo- mit.'-hin'’"*'’*’"- •money m llie amnint. through it every diiy." the DNM recenilv pm a hold on using several million dollars' worth ol donations. Dayton lirst ac(|iiirecl part of , lh(‘ tract in 1917, then gradually * expanded it by baying adjaceng j Other benefits / > CaiTCIlY" - *^***'^---------- ~ ”• * *1 ^ - V. ' - 1 • • . Meeaiise ol the donation, llu* I).NM I'an di.iw I .!!.'■» niillion from the s'aie Criiual Hahilal Match Aeeoom to hoy the adjaeem l“). $1.2.') niillion made available by the Daylon-.Sifickei gift. Howev er, tiniil the l.cfiislaiiire .ippVopri ales more money, the DNM can not use die .iddilional $2.(i.'i mil lion ni.ide.iv.iil.ililebviliai doii.i- lion. I have no ide.i what it wou.d go for now." he said. “Mm I got here early enongli lo buy some of this land for $200 i; -acre." j I DlUmiS! ■»J - / ♦. I talk time NO LONO-TERM CONTRACT REQyiRED! FREE CALLER I.O.! HP TO 00 HOORS OF STANORY TIME! PHONE. PAGER AND