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Home My WebLink About12-09-1996 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, DECEMBER 9, 1996, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted Council under the Con'^ent Item* on the agenda. Memos regarding each of the A^cnaT items are available in the Public Packet - located on the counter near the sign in ROLL CALL 1. Public Hearing 1997 Budget and Tax Levy - Resolutions 2. CONSENT AGENDA 9 1996 ®*TVOFOROMD 3. County Road 6 Roadway Iinproveinent Project - Final Plans - Cooperative Agreement - Resolution 4. County Road 15 Orono Lane to Eastern Border Roadway Improvement Project - Final Plans - Cooperative Agreement - Resolution APPROVAL OF MINUTES 5. Regular Meeting of November 25, 1996 * 6. Truth In Taxation Meeting of December 4. 1996 PARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS - Dale Lindquist Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONINX; ADMINISTRATOR’S REPORT 7. <5<'2180 Peggy Pichelman, 2920 Casco Point Road - Variances - Re.solution 8. ^2191 Waller Wittmer, 2780 Shadywood Road - Variances - Resolution 9. #2193 Minnehaha Creek Watershed District. 4630 Creckwood Trail - CouJitional Use Permit/Variance - Resolution 10. #2197 John O’Sullivan, 2380 Shadywood Road - Vacation of Navarre Lane - Resolution 11. #1457 Alan Carlson, 3140 Watertown Road - Private Road Name Request 12. Tree Preservation Policy - Resolution MAYOR/COUNCIL REPORT ENGINEER REPORT 13. Order Feasibility Study for Extension of Sewer and Water Service to the Orono Ice Anma - Resolution 14. Pay Request #2 Lift Station #28 15. Pay Request #2 Old Ciystal Bay 3'rail CITY ADMINISTRATOR’S REPORT 16. Request for Waiver of Sewer A/se.;sment, 3425 Eastlakc Street - Carl Jarning, Jr. 17. Acquisition of Tax Forfeit Pn'perty - Saga Hill 18. Contract with New Vendor fo b-nitorial Service AGENDA FOR COUNCIL MEETING SET FOR MONDAY, DECEMBER 9, 1996, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR’S REPORT Continued 19. Opposition to Vending from Watercraft on Lake Minnetonka - Resolution 20. Winter Use of Orono Golf Course Club Mouse 21. Park Commission Vacancy 22. Housing Goals 23. 1997 Fee Schedu ’e - Ordinance and Summary Ordinance for Publication * 24. Extension of Telecommunications Tower/Antenna Moratorium - Ordinance 25. Council Liaison to Park Commission and Planning Commission Meetings 26. 1997 Meeting Schedule 27. 1996 Interfund Transfers and Loan Payments 28. Authorization to Disburse City Funds for Claims Received 29. Appoint Auditor for Fiscal Year 1996 CITY ATTORNEY’S REPORT (♦30.)LICENSES (♦31.)BILLS UPCOMINC; ISSUES AND EVENTS 12/09 12/11 12/25 01/06 01/13 01/20 01/21 01/27 Council meeting 7:00 p.m. Last Regular Meeting in 1996 Reconvened Truth In Taxation meeting 7;00 p.m. (If Needed) HOLIDAY - Christmas Park Commission 7:15 p.m. Council meeting 7:00 p.m. HOLIDAY - Martin Luther King, Jr. Birthday Observed Planning Commission 7:00 p.m. TUESDAY Council meeting 7:00 p.m. 1i Public A ttendance Meeting D ate ^ □ C ouncil Planning C ommission Park C ommission Other Please itll out the information REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER /✓ ^ ^ - A ^ 4 7 ^ 7 ~tr $y L‘'f'Tr'”.Acwo 4.n 5^/c> 7.. 8. 9. 10.. 11-. 12. 13. 14. 15. 091J95.4 ^CHJNcn. OEC 9 REQLTST FOR COt^NCIL ACTION 1996 cnvoF &DATE: December 5, 1996 ITEM NO: I Department Approval: Name Ron Moorsc Title City Administrator Item t)escription: Administrator Reviewed:Agenda Section: Administrator's Report Public Hearine - 1997 Budeet and Tax Levy - Resolutions Attachment:1. Resolution Adopting the Final 1996 Tax Levy Collectible in 1997 2. Resolution to Adopt the 1997 General Fund Budget 3. Resolution to Adopt the 1997 Special Revenue Funds Budgets 4. Resolution to Adopt the 1997 Debt Service Budget 5. Resolution to Adopt the 1997 Capital Project Funds Budget The propiised 1997 budget is fiscally conserv'ative in that it maintains current service levels while positioning the city to address a number of long term fiscal issues. These issues include the following: \: 2. 3. 4. r. -r?. ■ - F^hdmg for sTfeef repair ancTrepTaceinenT ' t..,rr -i- Funding for priority sanitary sewer projects. Funding for storm water drainage projects. Funding for water and sewer infrastructure repair and replacement. GENERAL FUND EXPENDITURES The proposed 1997 General Fund Expenditures, those with the greatest impact on the tax levy, are $3,447,605. This is an increase of $99,850 or 2.9% over the 1996 General Fund Budget. This reflects an effort to hold the line on expenditures while maintaining and improving current service levels. TAX LEVY The tax levy required to fund the total 1997 budget is $2,161,630. This is an increase of $80,790 or 3.88% over the 1996 levy. The portion of the tax levy required to fund the General Fund budget is $1.680.980. This is an increase of $33,040 or 2.0% over the 1996 General Fund levy. The major reason for the 3.88% overall levy increase is a levy of $45,500 to enable a substantial increase in the city’s street repair program. This levy amount positions the city to address both short term and long term street repair needs. Because of a significant increase in the city’s lax base, the proposed tax levy will result in a reduction in the city’s tax capacity rate from 14.743% to an estimated 14.246%. This 3.36% reduction in the city’s tax capacity rate will enable Orono’s tax capacity rate to remain one ot the lowest in Hennepin County. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolutions related to the 1997 Budget and Tax Levy I A RESOLITION ADOPTING THE FINAL 19% TAX LEVY COLLECTIBLE IN 1997 BE IT RESOLN’ED, by the City Council of the City ofOrono. County of Hennepin, Minnesota, that the final 1996 Tax Lew Collectible in 1997, is determined to be as follows: GENERAL FUND - Operations PIR FUND - Infrastructure - Storm Drainage PIR FUND - Infrastructure - Roads $1,680,980 40,000 45,500 TOTAL GENERAL LEVY $1.766.480 BONDED rWEBTEDNESS ' G.O. Sevver, Water, Street Improvement Bond G.O. 1992 Sewer Impro\ ement Bond G.O. 1995 (1985) Refunding Bonds G.O. 1995 (1989 Water) Refunding Bonds 4,500 30,000 30,000 105.650 TOTAL BOND INDEBTEDNESS $ 170.150 BONDS OF OTHER GOVERN.MENTAL UNITS H.R.A. Building Bond 1991 225.000 $ 225.000 I 1 TOTAL ALL LEVIES The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 9, 1996. ATTEST. Edward J. Callahan, Jr., Mavor Dorothy M. Hallin, City Clerk I A RESOLUTION TO ADOPT THE 1997 GENERAL FUND BUDGET BE IT RESOL\T)D, by ihe City Council of the City of Orono, County of Hennepin. Minnesota that the 1997 General Fund budeet is determined to be as follows: ESTIMATFD REVFNIJFS Ta.xes - General $1,680,980 Licenses and Permits 195.000 Intergovernmental 453.710 Charges for Services 950.590 Fines and Forfeits 64.400 Interest Income 63.950 ■Miscellaneous -----------------—........ ......38.975 TOTAL S3.447.605 APPROPRI.‘\TED EXPENDITURES General Government $ 762.575 Public Safety 1,859,275 Street Maintenance 495,170 Parks and Recreation 52,555 Recycling Program 73,805 Engineering - Unallocated 14,420 Reimbursable Expenditures 42,050 Special Projects and Contingency 52,755 Transfers To Other Funds 95.000 TOTAL ^3.447.605 Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held December 9, 1996. A'lTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk 1 A RESOLUTION TO ADOPT THE 1997 SPECIAL REVENUE FUNDS BUDGETS BE IT RESOLVED, by the City Council of the City of Orono. County of Hennepin. Nlmnesota that the 1997 Special Revenue Funds budgets are determined to be as follows: Estimated Revenne«f Park Improve & Eauin Outlav Buildinu Cap Outlav Interest Income $ 15.000 $ 18,000 $ 140.000 User Fees / Loan Pavmentm • -11,900 Park Dedication Fees 25,000 m M DNR Grant 50.000 m Transfers from other Funds 95,000 . --------». r. . Use of Fund Balance....—.......... 4^0 Total Revenues S 109.000 $ 146.040 $ 140.000 ADDroDriated Expenditures General Government s $ 25,690 $ 9,800 Public Safety - -18,350 Streets « «»102,000 Parks & Recreation 109.000 . * Transfers to other Funds - •130.000 Total Expenditures $ 109.000 SJ46.040 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 9, 1996. ATTEST: Edward J. Callahan. Jr., Mayor Dorothy M. Hallin, City Clerk A RESOLUTION TO ADOPT THE 1997 DEBT SERVICE BUDGET BE IT RESOLVED, by the City Council of the City of Orono, County' of Hennepin. Minnesota that the 1997 Debt Sen ice budget is determined to be as follows: 1982 1991 Estimated Revenues Improvement Bonds Public Facilities E Taxes $ 4.500 $ 225,000 Homestead Credit - -30,020 Transfer From Other Funds - -130.000 Interest Income 1,350 19.880 Use of Fund Balance 13.315 - - Total Revenues S 19.165 $ 404.900 Appropriated Expenditures Debt Ser\'ice S 19,025 $ 404,900 Other 140 - - Total Expenditures S 19.165 S 404.900 1992 1995 (1985) Estimated Revenues Improvement Bonds Refunding Bonds Taxes $ 30,000 $ 30,000 Special Assessments 97.410 14,940 Homestead Credit 8,000 8,000 Interest Income 42,750 5,710 Use of Fund Balance 13.630 16.500 Total Revenues S 191.790 S 75.150 Appropriated Expenditures Debt Service $ 189,190 $ 73,575 Other 2.600 1.575 Total Expenditures $ 191.790 S 75.150 Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held December 9, 1996. ATTEST: ______________ Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk A RESOLUTION TO ADOPT THE 1997 CAPITAL PROJECTS FUNDS BUDGETS BE IT RESOLVED, by the City Council of the City of Orono. County of Hennepin. Minnesota that the 1997 Capital Projects Funds budgets are determined to be as follows: Estimated Revenues Property Ta.\es Special Assessments MSA Allocation Interest Income Use of Fund Balance Total Revenues Municipal State Aid tMSA^ S 255,000 Pemianent Improvement Revolving S 85,500 11,000 551.000 S 806.000 30,000 2.200 S 128.700 -a.lA<.il«K Appropriated E.xpenditures Streets Storm Water Mgmt. Plan Storm Drainage Improvements Total E.xpenditures 806,000 45,500 58,200 25D00 $806,000 $ 128.700 Adopted by the City Council ol the City of Orono, Minnesota at a regular meetin*’ held December 9, 1996. ® ATTEST: Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk 1 C^' . REQUEST FOR COUNCIL ACTION DATE: ITEM NO: 9 qgj^ber 6 Department Approval: Name Ron Moorse Title Citv Administrator Administrator Reviewed: Agenda Section: Administrator ’s Report Item Description: County Road 6 Roadway Project From West of downline Road to East of Orchard Park Road Final Plans and Cooperative Agreement - Resolution Hennepin County has now completed final plans for the reconstruction of County Road 6 from west of Townline Road to east of Orchard Park Road. County staff will make a brief presentation regarding the final design details and project costs at the December 9 Council meeting and will be available for questions. Final Design The project design has not changed from the approved preliminary' design. A copy of the layout is attached for Council review. Construction Cooperative Agreement A copy of the construction cooperative agreement, setting out the terms of the County and city cooperation on the County Road 6 project is attached. Information on costs and cost sharing is shown as Exhibit A attached to the cooperative agreement. 1 Costs. The initial estimate of the city ’s share of the County Road 6 project costs was S600.000 (mainly for right-of-way acquisition). The current estimate of the city ’s costs based on the final project plans is 5514,741. Of this total, $345,(XX) is for right-of-way acquisition and the remainder is for various construction and engineering costs. Parking restriction. The agreement calls for no parking on County Road 6 along the entire project area. COUNCIL ACTION REQUESTED: 1.Motion to adopt a re.solution to approve the final plans for the County Road 6 roadway project <5^9444, and to approve the construction cooperative agreement between Hennepin County and the City of Orono for County State Aid Highway No. 6 Project ^9444. A RESOLUTION APPROVING THE FINAL PLANS AND THE CONSTRUCTION COOPERATIVE: AGREEMENT FOR THE RECONSTRUCTION OF CSAH 6 FROM WEST OF TOWNLINE ROAD TO WEST OF TH 12 PROJECT tt9A4A MUEREAS, the preliminary layout (Layout No. 03) of Hennepin County Project No. 9444, showing proposed improvements to County State Aid Highway No. 6 has been approved by the City; and WHEREAS, the County has prepared detail plans and specifications for said improvement; and VV'HEREAS, the County has prepared a Construction Cooperative Agreement for said improvement; and WHEREAS, the Hennepin County Department of Public Works’ Policies for Cost Participation Between Hennepin county and Other Agencies for Cooperative Highway Projects addresses the utilization of tax increment financing on County projects by municipalities; and WHEREAS, this improvement does not provide adequate width for on-roadway parking. NOW, THEREFORE, it is hereby resolved, by the Oiono City Council that the final plans and construction cooperative agreement for CSAH 6 improvement project <1^9444 be approved and that the County is hereby authorized by the City to acquire all rights of way, permits and/or easements required for said improvements in accordance with the final plans; and BE IT FURTHER RESOLVED, that the city will not use tax increment financing for any portion of the project cost; and BE IT FURTHER RESOLVED, that parking shall be banned within the project limits on CSAH 6. Adopted by the Orono City Council on this 9th day of December, 1996. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk I I 25 151 3 0 4 7? 051:?x>4C-ErEMC ’eMCE P. 0 I CfTY or HENNEPIN COUNTY Novcmbci 25. 1006 Mnyor Cd C allahan and Counc-jlnjemhers City of Orono 1» 6 Box C6 Crystal Pay, MN 55323-0066 Dear Mayor C*allahan and ('ouncilmeinbcis It is my under staiulin^ that you will be arldressint^ the rcconsti uction of County Road 6 at youi council inceiiitg tonight I would like tc> share a few thoughts with y\>u that iniyht telieve Mwne feats Thu work iu.comphshrd in Independence in 100(. hy Hennepin County has made a much safer roadway and it docsn t appear that irartic is liavcitne lasici (One section from Clanic J'aiin Road tc> County Road 90 did not got reconstructed because of ealcndai constiaintfv, iherefore. it does give ti.s a wonderful comparison to the difTeiences in the load > 1 he llennerrin County stall'has been mo.st cooiiciativc to work with and in almost every situation where our city gave “sliong advice”, they took it into consideration ami planned and ccniMtucied the load apprcrpiiatdv 1 believe cnir citi7ens felt they w-ere treated fairly and the end product met or exceeded ihcii exiHxtaticms even though tUiiing the beginning construction stages, they had doubts about the finished I'rcduct 1 would urge you. wiClitn your capabilities, to woik with the County Highway Dcparlmcnt in such a way to keep C.'ounlv road o a ‘through road” with us few ob.struclions as possible 1 believe with the amount of trallic trial uses C'ount> Road 6 a.s a through highway from all points south and west (Wnconia. St Bonifacius. Watertown. Winsted) that it will make it a riuieh safer rv>ad for all concerned and keep tlie trallic flowing llcmlcnecks and speed tiaps don’t help anyone' 1920 COUNTY nOAD 90. MAPLE PLAIN, MINNESOTA 55359 ~ PHONE (612) 479-0527 - FAX (612) 479-0528 !«> cpniprehensiyc pjan. yi^ws (.'ftumy joad 6 a.s n main hif.-hwav: as I 11 25 15*^1 S 479 Cf2S 1 MC*EF EMC EMC t E . C* 2 /ndcpejulence. in iis comprehensive plan viewj; Countv rn;»ri ^ « • t. t believe OroiK. does. We also musi work coopwativdv writ eom ’ "’v" “ ' west to have good •Tam. to markei roads" «">niun.ties lo ihe soutli and 1 think it is iti tlic best inlci est of all design and space constraints will permit <u.r communities to work with and continue lo c o\ cr U S Highway 12 an appropriate access to Highway 12 encourage Uennepm County to plan for building a blidgc o\cr IJ S Hiohuax. it a i. railroad as soon as possible giving attention to the mosl t ^ ^ ^ ^ ^ will be viewed as helpful Sincerclv. / Marvin D Johnslin Mayor / Fased to: 47.1.051U Agreement No. PW 53-08-96 County Project No. 9444 County State Aid Highway No. 6 City of Orono County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREENENT, Made and entered into this _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, 19 _ _, by and between the County of Hennepin, a body day of politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Orono, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the improvements of that portion of County State Aid Highway (CSAH) No. G, from west of Town Line Road to east of Orono Park Road as shown on the County Engineer’s plans for County Project No. 9444, which improvements contemplate and include grading, drainage, concrete curb and gutter, bituminous surfacing, right of way and other related improvements; and WHEREAS, The above mentioned construction of CSAH 6 shall be identified as County Project No. 9444 (a.k.a. SAP 27-606-15), hereinafter referred to as the "Project"; and WHEREAS, The City has expressed willingness to participate In the construction cost of said Project; and WHEREAS, The above described Project lies within the corporate limits of the Cities of Orono and Independence, and WHEREAS, The County and its agent have heretofore prepared an Engineer’s Estimate of quantities and unit prices for the construction contract work of the above described Project in the amount of Three Million Two Hundred Ninety Three Thousand Dollars and No Cents ($3,293,000.00). A copy of said estimate is included in Exhibit "A", which is attached hereto and by this reference - 1 - Agreement No. PW 53-08-96 CSAH 6; C.P. 9444 made a part hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes 1992, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED; I The City, by executing this Agreement, approves the final construction plans for said County Project No. 9444. The County will advertise for bids for the work and construction of the aforesaid Project, receive and open bids pursuant to said advertisements and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder. The Contract will include the plans and specifications prepared by the County. Ill The County will administer the contract and inspect the construction of the contract work contemplated herewith. However, the City Engineer of Orono shall cooperate with the County Engineer and his staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. The City agrees that the County may make changes in the aforereferenced approved plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the City that the County may enter into any change orders or supplemental agreements with the County’s contractors for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. Said changes may result in an increase or decrease to the City cost participation estimated herein. The City agrees to grant right of way to the County over those lands - 2 - Agreement No. PW 53-08-96 CSAH 6; C.P. 9444 owned by the City that are a part of the required right of way for said Project. Said right of way shall be granted at no cost to the County. The County or its agents will acquire all additional right of way, permits and/or easements required for the construction of said Project. The final cost of all additional right of way, permits and/or easements required for the construction of that portion of said Project which lies within the corporate limits of the City of Orono plus all costs incurred by the County in acquiring said right of way, permits and/or easements shall be apportioned fifty (50) percent to the County and fifty (50) percent to the City. The right of way costs incurred as described herein shall include all acquisition costs including, but not limited to, any and all damages occurring to any person or persons, including private utilities, in relocating or removing or adjusting main conduits or other structures located in or upon the land taken and ithin the present right of way; or damage in procuring such right of way, whether such damage is caused by the County or the City in the performance of such contract with respect to the improvement of CSAH No. 6 as shown on the plans for said Project. Damages, as used in this section, pertains to acquisition costs allowed by Minnesota Statute Chapter 117 and does not abrogate the meaning of the language set forth in Section XIV of this Agreement. The County will periodically, as parcels are acquired, prepare and submit to the City itemized invoices showing right of way and acquisition costs incurred by the County. The City’s share of said costs shall become due and payable within forty five (45) days after receipt of said invoice. The estimated right of way expenses described herein are indicated in said Exhibit "A" attached hereto. The City shall reimburse the County for its share in the construction costs of the contract work for said Project. The total final contract construction costs shall be apportioned as set forth in the attached Division of Cost in said Exhibit "A". It is understood that the Engineer’s Estimate referred to on Page 1 of this Agreement is an estimate of the construction - 3 - 1 I Agreement No. PW 53-08-96 CSAH 6; C.P. 9444 costs for the contract work on said Project and that the unit prices set forth in the Contract with the successful bidder and the final quantities as measured by the County shall govern in computing the total final Contract construction cost for apportioning the cost of said Project according to the provisions herein. In addition to payment of the City’s proportionate share of the contract construction costs, the City also agrees to pay to the County a sum equal to eighteen (18%) percent of the amount computed as the City’s share of the contract construction costs for the Project. It is understood that said additional payment by the City is its proportionate share of all engineering costs incurred by the County in connection with the work performed under this Agreement. VII After an award by the County to the successful bidder, the County shall invoice the City and the City shall deposit with the Hennepin County Treasurer, ninety five (95) percent of the estimated City share in the contract construction and engineering costs for C.P. 9444. Payment shall be made to the County by the City for the full amount due stated on the invoice within forty five (45) days of the invoice date. Said estimated City share shall be based on actual contract unit prices applied to the estimated quantities shown in the plans. In the event the County Engineer or his staff determines the need to amend the contract with a supplemental agreement or change order which results in an increase in the contract amount, the City hereby agrees to remit within forty five (45) days of notification by the County of said change an amount equal to ninety five (95) percent of the estimated City share as documented in the supplemental agreement or change order. The remainder of the City’s shares in the engineering cost and contract construction costs, including additional costs resulting from supplemental agreements and change orders, will be due the County upon the completion of the Project and submittal to the City of the County Engineers final estimate for the Project. - 4 - Agreement No. PW 53-08-96 CSAH 6; C.P. 9444 Upon final payment to the Contractor by the County, any amount remaining as a balance in the deposit account will be returned to the City; likewise, any amount due the County from the City upon final payment by the County shall be paid by the City as its final payment for the construction and engineering costs of said Project within forty five (45) days of receipt of an invoice from the County. All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The City shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one (1%) percent per month on the disputed amount. VIII The County will prepare weekly progress reports as provided in the specifications. Copies of these reports will be furnished to the City upon request. All records kept by the City and the County with respect to this Project shall be subject to examination by the representatives of each party hereto. The County reserves the right not to issue any permits for a period of five (5) years after completion of said Project for any service cuts in the roadway surfacing of the County Highway included in this Project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. It is agreed that the City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this Project. Removal and replacement operations shall be coordinated with the construction activities through the County’s Project Engineer. - 5 -'2m Agreement No, PW 53-08-96 CSAH 6; C.P. 9444 XII Upon completion of said Project, the County shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on that portion of CSAH No. 6 constructed under this Project recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. XIII Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The County and the City’s liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self- insurance program. XIV It is understood and agreed that upon completion of the Project, all municipal street construction, including the cul-de-sacs and street being constructed on the north side of CSAH 6 at approximately station 3+500 and any wet treatment ponds included in said Project shall become the property of the City and all maintenance, restoration, repair or replacement required thereafter shall be performed by the City at no expense to the County. The City agrees to defend, indemnify, and hold harmless the County, its elected officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the ownership, maintenance, existence, restoration, repair or replacement of the City owned improvements. - 6 - Agreement No. PW 53-08-96 CSAH 6; C.P. 9444 The County agrees to defend, indemnify, and hold harmless the City, its elected officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose <»cts and/or omissions they may be liable for related to the ownership, maintenance, existence, restoration, repair or replacement of the County owned improvements. It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers’ Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Workers’ Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims maJe by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XVI In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Engineer or his designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. - 7 - Agreement No. PW 53-08-96 CSAH 6; C.P. 9444 In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement, the City’s Director of Public Works or his designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. XVII The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. - 8 - Agreement No. PW 53-08-96 CSAH 6; C.P. 9444 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ORONO (Seal)By: Mayor Date: i And: Manager Cate: COUNTY OF HENNEPIN ATTEST: By: Deputy/Clerk of the County Board Date: By: Chair of its County Board Date: And: Assistant/County Administrator Date: And: Director, Department of Public Works and County Engineer Date: APPROVED AS TO EXECUTION: By:_ _ _ _ _ _ _ _ _ _ _ Assistant County Attorney Date: RECOMMENDED FOR APPROVAL: By:_ _ _ _ _ _ _ _ _ _ _ Transportation Division Engineer Date:_ _ _ _ _ _ _ _ _ _ __ - 9 - DIVISION OF COST CSAH 6; COUNTY PROJECT 9444 * PRO RATA ITEM ACTUAL % TO BE ON BASED BID ** BASED ON CONTRIBUTING FLOW Hennepin County Agreement No. PW 53-08-96 Exhibit “A“; Sheet 1 of 1 i^±7 REQUEST FOR COUNCIL ACTION DATE: December ITEM NO: /_j Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: ■^/i Agenda Section: Administrator ’s Report Item Description: County Road 15 Roadway Project - Orono Lane to Orono Eastern Border - Final Plans and Cooperative Agreement Hennepin County has now completed final plans for the reconstruction of County Road 15 from Orono Lane to the eastern Orono border. County DOT staff will make a brief presentation regarding the final design details and project costs at the December 9 Council meeting and will be available for questions. Construction Cooperative Agreement A copy of the construction cooperative agreement, setting out the terms of the County and city cooperation on the County Road 15 project, is attached. The main item in the cooperative agr''ement is information on costs and cost sharing. The city ’s costs have been reduced since the November 25 Council meeting. The new cost information is shown as Revised Exhibit A attached to the cooperative agreement. A. Costs The city ’s share of the County Road 15 project costs has been reduced from $205,982 to $162,081. This is due to revised cost sharing related to wetland mitigation. B.Wetland Mitigation The city ’s costs for wetland mitigation have been reduced from $66,992 to $23,200, a reduction of $43,792. This reduction is based on the city abandoning the Femdale cut off right-of-way to enable it to be used to provide .56 acres of wetland mitigation. C.Parkina Restriction The agreement calls for no parking on County Road 15 along the entire project area. MCWD Permit Requirements The MCWD has approved the permit for the project, and has approved a cash payment for stormwater ponding in lieu of the construction of a stormwater pond as pan of the project. The cash payment is approximately $38,000 of which the city ’s share is $14,485. Although both the city and the County requested that the $38,000 be placed into escrow until the city identified a "regional" pond in Orono for which the funds could be used, the MCWD board was not willing to place any restriction on its ability to use the money for regional ponds at any location in the Watershed District. . r Request for Council Action continued page 2 of 2 December 6, 1996 County Road 15 Roadway Project - Orono Lane to Orono Eastern Border - Final Plans and Cooperative Agreement Variance For Filling of a City Desienated Wetland The roadway project involves some filling in the wetlands located between the existing roadway and the railroad tracks. Because these are city designated wetlands, they cannot be filled unless a variance has been obtained. The County is preparing a variance application for the Januaiy Planning Commission meeting to meet this requirement. COUNCIL ACTION REQUESTED: 1.Motion to adopt a resolution to approve the f.nal plans for County Road 15 roadway project #9222, and to approve the construction cooperative agreement between Hennepin County and the City of Orono for the County Road 15 roac'way project #9222. A RESOLUTION APPROVING THE FINAL PLANS AND THE CONSTRUCTION COOPERATIVE AGREEMENT FOR THE RECONSTRUCTION OF CSAH 15 FROM WTST OF ORONO ORCHARD ROAD TO HILLSmE DRIVE PROJECT #9222 WHEREAS, the preliminary layout of Hennepin County Project No. 9222, showing proposed improvements to County State Aid Highway No. 15 has been approved by the City; and WHEREAS, the County has prepared detail plains and specifications for said improvement; and WHEREAS, the County has prepared a Construction Cooperative Agreement for said improvement; and WHEREAS, the Hennepin County Department of Public Works’ Policies for Cost Participation between Hennepin County and Other Agencies for Cooperative Highway Projects addresses the utilization of tax increment financing on County projects by municipalities; and WHEREAS, this improvement does not provide adequate width for on-roadway parking. NOW, THEREFORE, it is hereby resolved, by the Orono City Council that the final plans and construction cooperative agreement for CSAH 15 improvement project #9222 be approved and that the County is hereby authorized by the City to acquire all rights of way, permits and/or easements required for said improvements in accordance with the final plans; and BE IT FURTHER RESOLVED, that the city will not use tax increment financing for any portion of the project cost; and BE IT FURTHER RESOLVED, that parking shall be banned within the project limits on CSAH 15. Adopted by the Orono City Council on this 9th day of December, 1996. ATTEST;Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk Agreement No. PW 52-08-96 County Project No. 9222 County State Aid Highway No. 15 City of Orono County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREENENT, Made and entered into this _ _ _ _ _ _ _ _ _. 19 , by and between the County of Hennepin, a body day of politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Orono, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the improvement of that portion of County State Aid Highway (CSAH) No. 15, between 200 meters west of Orono Orchard Road and the easterly intersection of Hillside Drive as shown on the County Engineer’s plans for County Project No. 9222, which improvement contemplates and includes grading, drainage, concrete curb and gutter, bituminous surfacing, right of way and other related improvements; and WHEREAS, The above mentioned construction of CSAH 15 shall be identified as County Project No. 9222, (a.k.a. SAP 27-615-15) hereinafter referred to as the "Project"; and WHEREAS, The City has expressed willingness to participate in the construction cost of said Project; and WHEREAS, The above described Project lies within the corporate limits of the City, and WHEREAS, The County and its agent have heretofore prepared Engineer’s Estimates of quantities and unit prices for the construction contract work and the Right of Way cost of the above described Project in the amount of Two Million Four Hundred Twenty Nine Thousand Four Hundred Nine Dollars and No - 1 - Agreement No. PW 52-08-96 CSAH 15; C.P. 9222 Cents ($2,429,409.00). A copy of said estimate is included in Exhibit "A", which is attached hereto and by this reference made a part hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes 1992, Section 162.17, Subdivision 1 and Section 471,59. NOW THEREFORE, IT IS HEREBY AGREED: I The City, by executing this Agreement, approves the final construction plans for said County Project No. 9222. The County will advertise for bids for the work and construction of the aforesaid Project, receive and open bids pursuant to said advertisements and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder. The Contract will include the plans and specifications prepared by the County. Ill The County will administer the contract and inspect the construction of the contract work contemplated herewith. However, the City Engineer of Orono shall cooperate with the County Engineer and his staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. The City agrees that the County may make changes in the aforereferenced approved plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the City that the County may enter into any change orders or supplemental agreements with the County’s contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. Said changes may result in an increase or decrease to the City cost participation estimated herein. - 2 - Agreement No. PW 52-08-96 CSAH 15; C.P. 9222 The City agrees to grant right of way to the County over those lands owned by the City that are a part of the required right of way for said Project. Said right of way shall be granted at no cost to the County. The County or its agents will acquire all additional right of way, permits and/or easements required for the construction of said Project. The final cost of all additional right of way, permits and/or easements required for the construction of said Project plus all costs incurred by the County in acquiring said right of way, permits and/or easements shall be apportioned fifty (50) percent to the County and fifty (50) percent to the City. The right of way costs incurred as described herein shall include all acquisition costs including, but not limited to, any and all damages occurring to any person or persons, including private utilities, in relocating or removing or adjusting main conduits or other structures located in or upon the land taken and within the present right of way; or damage in procuring such right of way, whether such damage is caused by the County or the City in the performance of such contract with respect to the improvement of CSAH No. 15 as shown on the plans for said Project. Damages, as used in this section, pertains to acquisition costs allowed by Minnesota Statute Chapter 117 and does not abrogate the meaning of the language set forth in Section XIV of this Agreement. The County will periodically, as parcels are acquired, prepare and submit to the City itemized invoices showing right of way and acquisition costs incurred by the County. The City’s share of said costs shall become due and payable within forty five (45) days after receipt of said invoice. The estimated right of way expenses described herein are indicated in said Exhibit "A" attached hereto. The construction of 1.84 acres of wetland mitigation will be required to replace the 1.224 acres of Department of Natural Resources (DNR) wetlands impacted during the construction of this Project. The City shall provide fifty (50) percent of the right of way costs associated with said wetland mitigation. - 3 - Agreement No. PW 52-08-96 CSAH 15; C.P. 9222 In conjunction with this Project, the City Street known as the "Ferndale Cutoff" located right of Engineers Station 10+500 will be abandoned. The City shall contribute the entire City right of way for "Ferrdale Cutoff" to achieve 0.56 acre of constructed wetland in order to mitigate a portion of the City’s share of the impacted DNR wetlands. Due to the limited amount of right of way available within the construction corridor of the Project, the County will provide 0.56 acre of constructed wetland at an off site location to match the City’s contribution. In order to fulfill the total wetland mitigation of 1.84 acres required for this Project, the remaining 0.72 acres of wetland mitigation will also be constructed off site. The City shall participate in fifty (50) percent of the cost of the right of way required for this additional construction, as shown on iuid Exhibit "A". The City shall reimburse the County for its share in the construction costs of the contract work for said Project. The total final contract construction costs shall be apportioned as set forth in the attached Division of Cost in said Exhibit "A". It is understood that the Engineer’s Estimate referred to on Page 1 of this Agreement is an estimate of the construction costs for the contract work on said Project and that the unit prices set forth in the Contract with the successful bidder and the final quantities as measured by the County shall govern in computing the total final Contract construction cost for apportioning the cost of said Project according to the provisions herein. VII In addition to payment of the City’s proportionate share of the contract construction costs, the City also agrees to pay to the County a sum equal to e'ghteen (18%) percent of the amount computed as the City’s share of the contract construction costs for the Project. It is understood that said additional payment by the City is its proportionate share of all engineering costs incurred by the County in connection with the work performed under this Agreement. VIII - 4 - Agreement No. PW 52-08-96 CSAH 15; C.P. 9222 After an award by the County to the successful bidder, the County shall invoice the City and the City shall deposit with the Hennepin County Treasurer, ninety five (95) percent of the estimated City share in the contract construction and engineering costs for C.P. 9222. Payment shall be made to the County by the City for the full amount due stated on the invoice within forty five (45) days of the invoice date. Said estimated City share shall be based on actual contract unit prices applied to the estimated quantities shown in the plans. In the event the County Engineer or his staff determines the need to amend the contract with a supplemental agreement or change order which results in an Increase in the contract amrunt, the City hereby agrees to remit within forty five (45) days of notification by the County of said change an amount equal to ninety five (95) percent of the estimated City share as documented in the supplemental agreement or change order. The remainder of the City’s shares in the engineering cost and contract construction costs, including additional costs resulting from supplemental agreements and change orders, will be due the County upon the completion of the Project and submittal to the City of the County Engineers final estimate for the Project. Upon final payment to the Contractor by the County, any amount remaining as a balance in the deposit account will be returned to the City; likewise, any amount due the County from the City upon final payment by the County shall be paid by the City as its final payment for the construction and engineering costs of said Project within forty five (45) days of receipt of an invoice from the County. All payments to the County must be postmarked by the date due or a late penalty of one (1) percent pe.' month, or fraction thereof, on the unpaid balance will be charged to the City. The City shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one (1%) percent per month on the disputed amount. - 5 - Agreement No. PW 52-08-96 CSAH 15; C.P. 9222 The County will prepare weekly progress reports as provided in the specifications. Copies of these reports will be furnished to the City upon request. All records kept by the City and the County with respect to this Project shall be subject to examination by the representatives of each party hereto. The County reserves the right not to issue any permits for a period of five (5) years after completion of said Project for any service cuts in the roadway surfacing of the County Highway included in this Project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. XII It is agreed that the City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this Project. Removal and replacement operations shall be coordinated with the construction activities through the County’s Project Engineer. XIII Upon completion of said Project, the County shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on that portion of CSAH No. 15 constructed under this Project recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. XIV Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by law, and shall not be responsible - 6 -M Agreement No. PW 52-08-96 CSAH 15; C.P. 9222 for the acts of the other party and the results thereof. The County and the City’s liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the CUy each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self- insurance program. It is understood and agreed that upon completion of the Project, all municipal sanitary sewer systems with the exception of the sanitary sewer trunk line owned by the Metropolitan Council Environmental Services, any municipal street and detention basin constructed within the City, included ii said Project, shall become the property of the City and all maintenance, restoration, repair or replacement required thereafter shall be performed by the City at no expense to the County. The City agrees to defend, indemnify, and hold harmless the County, its elected officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the ownership, maintenance, existence, restoration, repair or replacement of the City owned improvements. The County agrees to defend, indemnify, and hold harmless the City, its elected officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for r.ilated to the ownership, maintenance, existence, restoration, repair or replacement of the County owned improvements. XVI It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services - 7 - Agreement No. PW 52-08-96 CSAH 15; C.P. 9222 required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers’ Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Workers’ Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XVII In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Engineer or his designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement, the City’s Director of Public Works or his designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. XVIII The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. - 8 -M Agreement No. PW 52-08-96 CSAH 15; C.P. 9222 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ORONO (Seal)By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN AHEST: By:By: Deputy/Clerk of the County Board Date: _ Chair of its County Board Date: And: Assistant/County Administrator Date: _____ And: Director, Department of Public Works and County Engineer Date: APPROVED AS TO EXECUTION: By:_ _ _ _ _ _ _ _ _ _ _ _ RECOMMENDED FOR APPROVAL: By:_ _ _ _ _ _ _ _ _ _ _ _ Assistant County Attorney Date: _ _ _ _ _ _ _ _ _ Transportation Division Engineer Date:_ _ _ _ _ _ _ _ _ _ _ _ _ _ 9 - i DIVISION OF COST SUhMARY HENN. CO. PROJ. 9222 CSAH 15EST.UNIT TOTALESTIMATED ORONO! item ii UNIT QUAN. PRICE COST % 1 1 COST % ROADWAY CONSTRUCTION ITEMS CONCRETE CURB ft GUTTER. DESIGN 0424 fn S4 35 00 2.940 00 50 1.470 00 50 CONCRETE CURB ft GUTTER. DESIGN B424 m 600 3000 466 * 30 00 16.000 00 50 9 000 00 SO CONCRETE CURB ft GUTTER. DESIGN B624 'm 13.960 00 50 6.990 00 50 . 1 HENNEPINCOUNTYCOST 1,470 00 i 9 000 00 SUBTOTAL ROADWAY CONSTRUCTION ITEMS 34.020.00 17.460.00 6.990 00] 17.460 00 PRO-RATA ITEMS MOBtUZATION FIELD OFFICE TYPE D FIELD LABORATORY TYPE D TRAFFIC CONTROL SUBTOTAL PRO-RATA ITEMS STORM SEWER 100mm PERFORATED THERMOPLASTIC PIPE 375mm RC PIPE APRONATRASH GUARD 300mm RC PIPE SEWER 375mm RC PIPE SEWER CONST DRAINAGE STRUCTURE DESIGN G CONST DRAINAGE STRUCTURE DESIGN N CASTING ASSEMBUES SUBTOTAL STORM SEWER MCES SANITARY SEWER CONSTRUCTION SUBTOTAL MCES SANITARY SEWER CONSTRUCTION LUMP SUM 1 t 1 36.000.00 36.000 00 j 2 2 792 00! 97 8 ;35.208 OOj EACH 6.00000 6.000 00 22 k 176 00 978 7,824 00! EACH ; i|1 6.000 00 6.000 00 k I 22 132 00 ji !5.668 OOj EACH ! 70.000.001: 70.000 00' 22 1.540 00;[ 97.6 1 66.460 30! 120.000 00 2,640 00 117.360 00 mi 11 1 1050]1 1 1 2J00 21.000 001 , - --bboi 100 !21.000 00 EACH 1 400 00 4.400 001 ^' 50 2.200 0011 50 1 k ft 2.200 00 m 1 , ^7-5 i 80 00:1 1 : 3.800 00! t j1 0 11 000 100 A 3.600 00 m 211.7 90 001 19.053 001 SO 1 * ft 9.526 50 50 1 9.526 50 m _2 0 tjQOO 1,100 00 0 000 100 i 1,100 00 m 13.01 550 00 7,64500 50 3.822 50 I 3.62250 EACH 16 300 00 4.600 00 50 2.400 00 50 i 2.400 00 61.796 00 17.949.00 43.649.00 LUMP SUM li 214.000 00 214.000 00 0 000 0 oooi 214.000 00 0.00 0.00 MCES(1) _i , .?Q5T ___214,000,00 214.000.00 HENNEPIN COUNTY AGREEMENT NO. PW 52-08-96 EXHIBIT SHEET 1 OF 2 DiVOIS 9222\LOtU6\EXHlTA2.WKi ITEM UNIT c?T.UUAN.UNITPRICEMITIGATtON CONSTRUCTIONSTORMWATER DETENTION BASIN - ORONO 1 1 1 ACRE-FT , WAV2AT A 0 37 ACRE FT FLOOD PLAIN MITIGATION CONSTRUCTION (FERNDALE CUTOFF SITE)DNR WETLAND MITIGATION CONSTRUCTION (FERNDALE CUTOFF SITE)DNR WETLAND MITIGATION CONSTRUCTION (0 72 ACRE OFF SITE) WCA WETLAND MITIGATION CONSTRUCTION SUBTOTAL MITIGATION CONSTRUCTION REMAINING CONSTRUCTION ITEMS SUBTOTAL REMAINING CONSTRUCTION ITEMS TOTAL CONSTRUCTION ITEM COST PLUS ENGINEERING RIGHT OF WAY ESTIMATE STORMWATER DETENTION BASIN • ORONO 1 11 ACRE FT , WAYZATA 0 37 ACRE FT FLOODPLAIN MITIGATION (FERNDALE CUTOFF IS A POSSIBLE SITE ) DNR WETLAND MITIGATION - ORONO 1.214 ACRE. WAYZATA 0 01 ACRE WCA WETLAND MITIGATION - ORONO 0 98 ACRE. WAYZATA 0 08 ACRE PERMANENT/TEMPORARY EASEMENTS TOTAL j HENNEPINESTIMATEDORONOCOUNTYCOST%1 COST %' COST29.600 00 w ,11.100 00L »j 100 1 18.5000020.000 00 (3) ._ 000 20.000 0010.000 001 W . .“ _‘7o oo j 100 10.000 00 30,000 00;w 000 loo'30.000 00 0 00;(V :0001 100 000 89.600 00 11,100 00 78,500 00 1.683.282 00]0 000[ 100 1.683.282 00 1.683.28200 000 1.683.28200 $2,203,600.00 $49.149 00 $1,940,451.00 (8)8.847.00 9.026 00,(5)3.38500I 5.64100! oooj 46.783 00 j (3)000 000 -W -23,20000 23.583 00 0 00<(7)000 0 00 170.000 (M|{«) . . J 77,50000 [ 92.500 00 (9) MCES(1) _ I COST $214,000.00 21,40000 TOTAL RIGHT OF WAY COST $225,809.00 $104,065.00 $121,724.00 TOTAL PROJECT COST $2,429,409.00 $162,081.00 $2,062,175.00 $235,400.00 (1) METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES IS UNDER SEPERATE AGREEMENT (2) CONSTRUCTION COST FOR DETENTION BASIN IS BASED ON S20.000 PER ACRE-FT OF DEAD POND STORAGE. WITH FUNDING 50% HENN. CO. 50% MUNICIPAL. P) COST PARTICIPATION TO MITIGATE THE IMPACTED FLOOD PLAIN AT A 1 1 RATIO FOR CONST ITEMS IS 100% HENN CO.. 0% MUNICIPAL. (4) COST PARTICIPATION TO MITIGATE DNR WETLANDS AT A 1 5 1 RATIO FOP CONST ITEMS IS 100% HENN. CO.. 0% MUNICIPAL.. FERNDALE CUTOFF • 0.56 ACRES. HENNEPIN COUNTY OFF SITE CONTRIBUTION - 0 58 ACRES. ADDITIONAL OFF SITE MITIGATION REQUIRED - 0 72 ACRES PROPERTY ACQUISITION IS 50% HENN CO . 50% MUNICIPAL BASED ON PERCENTAGE MUNICIPAL IMPACT AS COMPARED TO THE TOTAL PROJECT IMPACTS. (5) COST PARTICIPATION FOR A DETENTION BASIN IS 50% HENN CO AND 50% MUNICIPAL BASED ON THE 1 48 ACRE-FT DEAD POND STORAGE VOLUME DIVIDED BY A 4 FT MEAN DEPTH TIMES THE TAX ASSESSED VALUE ($0 56« F ) (6) COST PARTICIPATION FOR PERMANENT AND TEMPORARY EASEMENTS IS 50% HENN CO. 50% MUNICIPAL BASED ON ACQUISITIONS OCCURING IN THE MUNICIPALITY (7) ENTIRE COST FOR WO WETLAND MITIGATION IS FUNDED BY BOARD OF WATER AND SOIL RESOURCES (8) 18% FOR DESIGN AND CONTRACT ADMINISTRATION. (9) 10% FOR CONTRACT ADMINISTRATION HENNEPIN COUNTY AGREEMENT NO. PH 52-08-96 EXHIBIT "A” SHEET 2 OF 2 'Oji REQUEST FOR COUNCIL ACTION 0£c 9 Cfryop, is$s DATE: December 6, 1996 ITEM NO: ^ Department Approval: Name Dorothy Hal I in Title Citv Clerk hem Description: Administrator Reviewed: 7 Agenda Section: Approval of Minute J Regular Meeting of November 25, 1996 The minutes for the November 25 Council meeting are not available to be included in the agenda packet. They will be available for Council at the meeting December 9. COUNCIL ACTION REQUESTED: ^ - ORONOCn Y COUNCII> MEEI ING MINUTES FOR NOVEMBER 25, 19% ROLL The Council met on the above mentioned date wth the following members prRt^: Mayor Edward J Callahan, Jr, Council Members J Diann Goetten, Gabriel JabbonfTc/j^ Charles Kelley, and JoEllen Hurr. Representing Staff were Cit> Administrator Ron Moorse, City Attorney Tom Radio, City Engineer Glenn Cook, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and Recorder Sherry Frost Mayor Callahan called the meeting to order at 7 00 p m (#1) PUBLIC INFORMATION MEETING - BRACKETTS POINT CURVE (COUNTT' ROAD 15) ROADWA> IMPROVEMENT Bruce Polaczy k, Hennepin County Engineer, along with two members of the design team, were present Polaczyk reported that Indian bunal mounds have been found in the area which was previously approved for the layout for the CoRd 15 improvements Jim Jones of Indian Affairs has confirmed the mound locations As a result, the road design has been shifted to the east in order to thread the road through the mounds This new layout has a major impact on the homes to the east resulting in the need to build 10' high retaining walls. Polaczyk said the right-of-way department has estimated the cost for the road relocation at $150,000 The construction cost total is estimated at $240,000 The majority of the costs involved for Orono is for right-of-way at 50% of the total for an amount estimated at $75,000-$80.000 Polaczyk said Indian Affairs has highly recommended avoiding the area around the Indian mounds The County is now of the opinion that the County and City would not gain the value necessary to warrant the curve of the road through the mounds. Callahan polled the audience. It was found that approximaiely 12 people were in attendance regarding this issue. Of that number, no one w as in favor of this curve reconstruction. Jabbour indicated he informed an Indian commission member that the City is sensitive to the issue of Indian Mounds and would go beyond the limit of the law to protect them. Jabbour said the City should not construct the roadway in the area of the mounds. Hurr said she is concerned with safety and the lack of shoulder of the current roadway and would have liked to have seen the curve straightened out Polaczyk said the project would have granted the opportunity to open up the sight lines and accommodate the need to pull oft'onto the shoulder. Polaczyk said the County feels the curve would have to be flattened and configuration changed, but this would aft'ect the Indian mounds, and the County is also sensitive to this issue. Hurr cited another example of disturbing of Indian mounds in the past at Green Tree MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 (#1 - #1 A County Road 15 Bracketts Point - Continued) Goelten said she is opposed to the project and to building 500' of retaining walls in order to gain a shoulder. Callahan informed the County that the Council was not in favor of the project There were no public comments. Callahan moved, Goetien seconded, to abandon the project and indicate the City's disapproval of the project as designed V'ote; Ayes 4, Nays 0, Abstain 1, Hurr. Kelley asked if the County would continue the repaving of the roadway. Polaczyk said the County would overlay that portion of the road and pave the shoulders. It is scheduled for completion in 1997. ())IB) COUNT\' ROAD 15 ORONO LANE TO WAYZATA BORDER - FINAL PLANS - COOPERATIVE AGREEMENT Polaczy'k reported that the approval of the layout in October, 1995, made w ay for the County to prepare the detailed plans and work with the property owners After review by a geotechnical consultant regarding the length and w idth of the unsuitable materials running through the marsh areas, the County has recommended the road be shifted 10' to the north toward the railioad This would lessen the impact on the larger portion of Ferndale Marsh The depth of the plane of the unsuitable materials under the roadway is greater in the southern portion of the roadway. The design as presented is based on realigning the new roadway to the north Polaczyk reviewed the highlights of the realignment between Orono Lane and east to Hillside Drive. An acceleration lane has been added at VVoodhill Road at the request of the country club. Some tree removal is required With a two-to-one replacement rate of 8" or larger, 9 existing trees will be replaced with 18 on the north side, of a type conducive to w etland areas These trees will eventually provide more screening between the tracks and railroad bed. These trees are being removed from the clear zone required for the roadway but will be replaced outside of both the roadway and Railroad clear zones where allowed. Jabbour asked if the trees were to be replaced because of the need to mitigate for wetlands. Polaczyk said the reason was because of the clear zone requirement. It was clarified for Goetten that the new trees will be planted beyond the clear zone. MIiMlTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 {U\B- County Road 15 Orono Lane to Wayzata Border - Continu -d) Goetten indicated when the plan was originally reviewed, the clear zone was discussed and a variance secured She asked why this was not required here Polaczyk noted there were two types of clear zones, one being rural and one suburban A 20' zone is required in the suburban where berms, curb, and gutter are required In the rural as is the case in this particular area, a 30' dear zone is required The suburban zone is applied elsewhere on this roadway Goetten stated that it had originallv been indicated the trees would be lost due to the wetlands and questioned what the benefit was Kelley asked if the roadway was being moved at this location to the north. Guy Nolan of the design team said it would move 5 meters (about 1 5 ’) from the edge of the bituminous to the other edge Polaczyk indicated this movement would also reduce the impact on the properties on the south side. Goetten said she was disturbed, after having asked for this design several times, to be seeing it for the first time at this meeting Goetten felt it would be imprudent to make a decision without reviewing the actual design Jabbour suggested hearing the information presented and tabling any decision to the next Council meeting. Polaczyk reiterated the movement of the road was due to the recommendation of the geotechnical consultant. Kelley asked if the movement of the road to the north was a result of the poor soils. Polaczyk said this was a partial reason. Kelley asked how deep these materials are located Nolan said the depth is 2 meters on the north to 3-1/2 meters on the south, which is 6 ’ to 10-12' Kelley asked if the materials w ould be excavated Polaczyk said the materials would be floated and then surcharged. Surcharging is adding a fabric material and weighting it down which compresses the soils. Then after a time duration, the surcharge is removed and the road is built to proposed elevations. Nolan indicated the time length for the surcharge to be about 6 months. It would be completed in two stages. Two lanes of traffic would be moved to the south by using the existing shoulder and one lane during the time the north side is being surcharged. This would allow the roadway to remain open Goetten said it was her understanding that the roadway would move 12 ’ to the north. Then the distance changed to 20'. Polaczyk said the amount is now 16'. Nolan explained that the alignment is shifted 10' to the north and the left turn lane shifts it slightly more. MINUTES OF THE REGULAR ORONO Cm COUNCIL MEETING HELD ON NOVEMBER 25, 1996 (#1B - County Road 15 Orono Lane to Wayzata Border - Continued) Kelley noted the slopes and large flow of water He asked what would be done to eliminate the roadway acting like a dam Polaczyk said there are a series of culverts transverse to the roadway which would eliminate this from occurring Nolan said the existing culverts, which the runoff runs through, would be replaced Goetten was informed by Nolan that the culverts would remain in the same locations and water flow would remain the same also The current culverts would be upgraded as they have sunk and become filled up with sand Hurr asked who would be responsible for the culvert maintenance It w as indicated that it was the responsibility of Hennepin County Jabbour inquired about the status of the MCVVD in relation to this project Polaczyk said a meeting is scheduled for November 26 where the permit would be reviewed for stormwater ponding and flood plain mitigation Jabbour informed Polaczyk that he has spoken with two members of the MCWD, who felt the issue would be tabled until a cooperative agreement has been reached between the County and City. Polaczyk indicated the roadway was being built in a high water table area The MCWD Rule B regarding stormwater management and water quality would apply. Polaczyk said the County is aware that this rule could not be complied with and it would be impossible to provide water treatment The two options to remedy this problem would be to provide an on-site detention pond or make a contribution to the district for a future regional pond. There have been discussions to escrow funds for a ftiture pond. The problem with this is the lack of agreement between the City of Orono and MCWD according to Polaczyk Jabbour said he told the MCWD members that there should be a policy established for cases such as this. In continuing the project discussion, Polaczyk said the project was scheduled to begin in 1997. Due to the surcharging and time duration required, the project would require two construction seasons The pavement will be widened prior to the surcharging to allow two lanes of traffic to be provided during the construction Callahan inquired about the cost of the project to Orono Polaczyk said a construction cooperative agreement has been provided to indicate the City’s financial responsibility. Orono ’s share of the $2 3 million project is $37,000 or 1 7% according to Polaczyk. He noted the most significant cost to the City would be for right-of-way of $77,000. There would be two different types of right-of-way cost, one for the roadway and one for the cost to acquire land for mitigation of the wetlands w hich has not yet been determined. Polaczyk indicated what he felt would be the worst case total project cost to the City would be $200,000. b*ur------^i MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25,1996 (# 1B - County Road 15 Orono Lane to Wayzata Borde. - Continued) Polaczyk continued that there were several possibilities where the City could reduce their costs One option was to allow the County the use of the existing road bed know n as the Femdale Cutoff This would allow the road bed to be used for flood plain mitigation for a $30,000 savings to the City A price per square footage would have to be determined Callahan received Polaczyk's confinnation that the road bed would either have to be abandoned or vacated. Hurr asked what the savings would be for the County. Polacz>k said the savings would amount to $45,000 of the $ 120,000 in mitigation costs if the cutoff was used. Jabbour informed Polaczyk that the City should receive the total benefit from the use of the road bed as it is owned by the City. Polaczyk said the County has determined the value of the road bed to be $15,000 Polaczyk is of the opinion that the City should give the land to the County and would then save their 50% share of the sav ings or $7,500 Kelley clarified that there would be a cost of about $ 100,000 to gain approv al by the MCWD. Polaczy'k said he felt it would be $70,000 based on what is the worst case scenano. Jabbour noted that the MCWD has a regional plan. The City can do its own plan or contribute to a regional pond with the MCWD acting as a custodian. Kelley agreed but noted the funding is based on what money is gained from the City Jabbour said he did not feel the City should contribute to the MCWD until the MCUT) agrees to provide a regional pond in Orono. Polaczyk said he agrees but was informed by the MCWD that the project would not be held up Jabbour said it was his hope that the mechanisms to deal with the problem would not hinder the project Callahan reviewed the information provided by Polaczyk regarding the project and its costs. Polaczyk noted that the County has applied for a construction speed zone reduction to 35 mph. He noted if the project was approved by the Council, it would then procecu to the MCWD for permit approval. Polaczyk was asked if railroad permission was required Polaczyk said the clear zone easement for the railroad has not yet been completed. He informed Kelley that the costs projected include the easement cost MINUTES OF THE REGULAR ORONO CITV COUNC IL MEETING HELD ON NOV EMBER 25, 1996 (#1B - County Road 15 Orono Lane to Wayzata Border - Continued) Jabbour said he was in favor of the project but not with allowing the cutoff to be taken and receiving only half credit Polaczyk informed the Council of the cost policy of the County Callahan told Polacz>k that the policy does not solve the problem and informed him that the City should get credit for the ftill value of the property Polaczyk responded that if the cutoff was not used, it w ould increase the cost to the City Hurr told him the cost savings would also be to the County. It was noted that all other cities also share a 50/50 cost as applicable in County road construction Callahan told Polaczjk that the City was not in the ,)osition to reach a cooperative agreement at this time Goetten asked when the aureement with the railroad would be reached Polaczvk said it would occur after January I, 1997 He explained that the right of entry was required for construction If condemnation is required, a judge makes the determination and imposes a 90 day rest period and a fair market price is established. Jabbour and Goetten were of the impression that railroad property could not be condemned. Hurr said she was asked why the County spent money for an overlay prior to a major reconstruction. Polaczyk said the overlay was necessary’ to aid the road in lasting over the winter months ahead. Kelley said he w ould like to look at specifics of the design Goetten asked for copies of the design to review. Jabbour informed Polaczyk that he felt the City would contribute their 50% share but would want 100% credit for the Ferndale Cutoff property without exception. Callahan said it was his opinion that the project as a concept should move forward. Callahan moved, Jabbour seconded, to continue action on the application to the December 9 Council Meeting. Vote Ayes 5, Nays 0. (*#2) CONSENT AGENDA Items #4, 6, 7, 9, 17, 18, 19, and 20 were added to the Consent Agenda. Jabbour moved, Hurr seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. L 5 MINUTES OF THE REGULAR ORONO Cm’ COUNCIL MEETING HELD ON NOVEMBER 25, 1996 APPROVAL OF MINUTES (•#3) REGULAR MEETING OF NOVEMBER 12, 1996 Jabbour moved, Hurr seconded, to approv e the Minutes of the Regular City Council Meeting of November 12, 1996 Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Commissioner McDermott reported on the discussions regarding the trail and its location on the O'Sullivan/Culver’s project The Park Commission would like to sec the trail along Navarre Lane to effect a safe access McDermott indicated the Park Commission is meeting with representatives of the Antoine Park neighborhood regarding park improvements McDermott extended the Park Commission's appreciation for the intern and his work on the park inventors which should be complete in January, 1997. He noted that the committees were working on the issues of parks and open space, long term funding, tree planting, and park needs along Hwy 12, which were brought forward at the work session. McDermott passed on information to be given to the ice arena representatives regarding ADA requirements in regards to spectators. McDermott thanked Mayor Callahan and Council Member Hurr for their support over the extent of their terms of office PLANNING COMMISSION COMMENTS Commissioner Stoddard had no comments at this time. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR’S REPORT (*#4) #2188 MARY K. RICE, 1570 NORTH ARM DRIVE - VARIANCE - RESOLUTION #3805 Jabbour moved, Hurr seconded, to approve Resolution #3805. Vote: Ayes 5, Navs 0. L MINUTES OF THE REGULAR ORONO Cm' COUNCIL MEETING HELD ON NOVEMBER 25,1996 (#5) #2192 ROBERT AND WENDY BEUTLER, 1331 NORTH ARM DRIVE VARIANCES - RESOLUTION #3806 The applicant was present. Mabusth reported that the property is located on North Arm Drive The applicant seeks approval of a lot width variance as it does not meet the 140' width at the shoreline or at the 75' setback. All other setback requirements are met by the new residence An issue for discussion is the applicant's desire to maintain the current principal structure and to maintain heating and plumbing facilities Mabusth informed the Council that the Planning Commission approved the application 3 :1 with the condition that the plumbing in the kitchen be removed and only the sink and stool remam in the bathroom The minority vote's opinion noted the difficulty in reaching a decision when there are no clear standards for such a use. Mabusth cited a previous application with expanded living area within an upper level of a newly constructed detached garage and restricting use as an independent dw elling unit with the use of a restricted covenant The property in that application did not meet the area requirement for a guest house This property is 1.13 acres in size and does not meet area standard for a guest house A variance application on last month's agenda was approved for maintaining the principal structure as an accessory structure with additional living space via a restrictive covenant. The variance for that application was for the accessory structure being in front of the principal structure Mabusth said the Planning Commission struggled with the issue of ease to convert an accessory structure into a guest house or apartment with heating and plumbing. They felt it would be difficult to police even with the restrictive covenant The minority vote asked the City to develop standards as similar cases have come before the Commission on a more frequent basis. Mabusth noted the application was only being reviewed due to the lot width variance required She asked the Council if the application should be reviewed as a separate item or if the code should be revisited. Callahan noted the applicant's plan to use the structure as a workshop and office with bathroom facilities Hurr added that it could be slept in. Goetten said her concern was with the lack of any designation for such use She questioned what might happen in the future with other applications. Jabbour noted it was not only a problem for the zoning district but also a problem for other applicants. He said he is sympathetic to the need to provide for relatives and would like to revisit the housing code. He saw this application as set aside from other scenarios questioning why others would apply for a guest house Cl/P if this could be done Jabbour cited an example where SAC charges were applied for a guest house use. 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 (#5 - #2192 Robert and Wendy Beutler - Continued) Mr. Beutler said it was not their intent to use the st ucture as living space for others but only for additional space for workshop He noted the building is in excellent shape and there is no problem with hardcover on the properly Beutler said he and his neighbors feel it would be a shame to remove such a building. Beutler said the 120 ’ separation from house and accessory structure was a reason to request the bathroom facility remain. He indicated the sewer line could be iiooked up to for the new house as well as old. He volunteered to place limitations on the property on the abstract itself noting the restrictive covenant w ould run with the property on the chain of title Goetten was informed the proposed size of the new residence is 1200 s.f Jabbour explained to the applicant how Orono is seen as a bedroom community and only allows guest houses if there is adequate room for future subdivision and an additional sewer access charge is paid It is his opinion that this application is in direct conflict with the objectives of the City He noted concern with w hat could happen in the future and sees a solution with the removal of plumbing arid heating Jabbour indicated that approval of the accessory structure usage with plumbing and heating would have a domino effect on a policy beyond this proposal. Huit was informed the current garage would be utilized by the new residence also. There were no public comments. Hurr noted that the cost of enforcement would be born by the applicant. Mabuslh indicated the current resolution does not stipulate that but could be amended. Callahan informed that this would not protect the City. Kelley moved, Jabbour seconded, to approve Resolution #3806 for the lot width variance only. Vote. Ayes 5, Nays 0. Hurr asked for an explanation on previous applications. She inquired if a CUP for a guest house could be obtained Nlabusth noted the lack of appropriate acreage as found in the other applications. She said she would like to see standards developed Hurr said she would be in support of the proposal if the plumbing was removed. Mabusth did note the applicants intend to live in the structure while the new residence is being built. Kelley indicated if the lot was vacant and a new structure was built and the applicant desired an accessory structure, he could do so. He informed the applicant if the heating and plumbing were removed, the structure could remain without requiring the City's approval Jabbour asked the applicant to work with Staff'on what makes a structure an accessory stmeture. MINUTES OF THE REGULAR ORONO Cm' COUNCIL MEETING HELD ON NOVEMBER 25,1996 {US -U2\92 Robert and Wendy Beutler - Continued) Goetten suggested the Council review the code regarding such situations The Council members agreed. (City Attorney Radio arrived at this time.) (*#6) #2194 DAVID ALAN SUTHERLAND, 1365 ARBOR STREET VARIANCES - RESOLl'TION #3807 Jabbour moved, Hurr seconded, to approve Resolution #3807. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Mayor Callahan asked Moorse to extend his appreciation to the Office StatT, Dorothy Hallin, Lin V'ee, Carole Haseman, and Jamie Gemar Jabbour reported that an applicant at a recent LMCD meeting requested the ordinance be changed to allow vending on Lake Minnetonka, specificall) Big Island, as he would like to sell items from a pontoon The LMCD members said they would consider it. The Water Patrol is against the idea Jabbour informed them that the only areas of commercial activity in Orono are in Navarre and the Hwy 12 area, and commercial activity is not allowed to occur on docks Jabbour said he was asked what his opinion was about cruise bor.s Jabbour informed them they were regulated Jabbour asked Gaffron to review the matter of the City’s authority to regulate activity occurring on the lake near the lakeshore. allahan suggested a reso.ution be drafted in opposition to the proposed commercial activity Jabbour said he informed the l-MCD they should speak with the other 14 cities. Jabbour would like to inform those cities of Orono ’s position. Both Callahan and Kelley agreed that such activity should not be encouraged Callahan moved, Goetten seconded, that Staff be directed to draft a resolution in opposition to the concept of allowing products be sold from boat crafts on Lake Minnetonka in the area of Orono and to direct Staff to convey the Council ’s opposition to the concept to the LMCD V'ote: Ayes 5, Nays 0 Goetten reported that the Land Use Planning Committee of the Met Council discussed the opportunity for the cities to amend their comprehensive plans, and discussed changes being made by the Met Council. The Met Council will be visiting a number of cities to explain their position MINUTES OF THE REGULAR ORONO CITV' COUNCIL MEETING HELD ON NOV EMBER 25, 1996 (Mayor/Council Report - Continued) Kelley asked for an explanation on the agreement made with the DNR regarding winter use of the Maxwell Bay access noting it is being plowed and used for parking Hurr said she understood the access could be plow ed by a person because of the elimination of parking on CoRd 51 for use by ice fishermen in the area Jabbour noted the DNR had agreed to use the docks to barricade the ramps to eliminate their usage He indicated the DNR has used cement blocks for th: purpose. Jab’ - commented that the no parking applies to both CoRds 51 and 135. Callahan asked to see the policy regarding this issue placed in the next information packet Hurr also indicated that the agreement was to allow for adequate parking for fishing pier usage and the 12 spaces available are for cars without trailers only She was informed that the percentage of use w as similar to other boat accesses but is of the opinion that the DNR will change the parking to provide for those people using the fishing pier. Kelley asked to have charts provided at the upcoming truth in taxation hearing on December 4, 1996 explaining how the property tax collected is divided up amongst the State, County, Schools, and City This would allow the residents to more fully understand their tax dollars at work and the City ’s portion of 11 5% He asked that the examples show different market values of pri^oerties. He noted this chart could also be used during assessment time Mayor Callahan asked St iff to give special acknow ledgment to Bruce Dayton and his wife, Ruth Strieker, for their recent donation of land. Moorse indicated the top six planning candidates b" *? been interviewed and the field narro ved to three It was determined Moorse she .lotifv ’ the Council Members when the final interviews are held to allow for their presc and input. (The meeting was recessed to 9.0tj | m ) ENGINEER REPORT CHANGE ORDER #1 - LIFT STATION #28 EXTENSION OF COMPLETION DATE Jabbour moved. Hurr seconded, to approve Change Order #1 - Lift Station #28 project, extending the completion date to December 15, 1996. Vote: Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING II' LD ON NOVEMBER 25, 1996 CITY ADMINISTRATOR ’S REPORT (#8) LAFAYETTE RIDGE TAX FORFEIT PROPERTY Gafiron reported the Lafayette Ridge Homeowners Association is requesting the City release Outlot C to their association and waive the street light assessment made in 1990 Outlet C is a wetland parcel that was designated to remain in the ownership of the association as a density credit and as a benefit to five parcels The outlot went into tax forfeiture in 1994 as the developer never made the County aware of who should receive the property tax statements Because of the tax forfeiture, the association lost their right to redeem the parcel last year Gaftron indicated there were three options available, ana Staff is recommending the City assist the association in regaining the parcel. The options include: 1) Release the property for sale to adjacent landowtiers only, since it is unbuiidable, 2) activate the City's Housing and Redevelopment Authority and have the HRA purchase the property for sale to the LRHA, or 3) apply to the County for a cancellation of the forteiture based on an incorrect method of special assessment, i e., assessment of an outlot rather than the benefited homestead lots Another issue indicated by GalTron for resolution is LR^lA's request for waiving the street light assessments, of w hich no portions have ever been paid. The Council ’s options include 1) Deny the waiver and require payment of past due amounts as a condition of release of the property, 2 ) approve a partial waiver of the assessments, or 3) waive the entire assessment Callahan inquired about the amount of assessment Gaffron noted the principal amount to be about $2500 and $2800-$2900 atkr accrued interest Callahan asked w hat would have happened if the assessment was not against Outlot C Gaffron said it w ould have been spread over the five homestead parcels. Hurr noted that those five parcels do not abut Co Rd 15 Gaffron indicated the original assessment was $3.90 per front foot charge.' to all abutting properties Callahan inquired since the assessment is to the City and a lien is on the property, how' is it the County or State benefits by acquiring the property instead of the City since it is the City's debt. Moorse explained that once the property goes tax forfeit, it becomes State property and the City gains the right to acquire it if the City decides it needs th.' property. Callahan asked if there were any restrictions if the property were acquired Moorse eported it would have to be for public use GafIVon said the City has not had any intention to acquire it Callahan noted the Council has not studied it He questioned the County rule regarding the option of going through the HRA 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 (#8 - Lafayette Ridge Tax Forfeit Property - Continued) Kelley suggested acquiring the property. Callahan asked if there w'as any public use. Hurr questioned whether the property could be counted twice regarding wetland mitigation while Moorse questioned whether it can be used for mitigation Mabusth said it could not as it is already wetland Gaffron noted there is a conservation easement over it new and only the perimeter is dry Jabbour indicated that the five parcels using the property as a density credit would become non-conforming if the City were to acquire the land He also noted the use by the community for drainage and the need to maintain it if it is acquired Kelley' questioned whether the City would assess the residents for the maintenance Callahan indicated the easement allows the City to have the right to drain into it. Jabbour said he sees no reason to acquire the property Kelley noted a case could be made for the health and w elfare of the City and its responsibility if a problem were to arise. Kelley questioned who should have been assessed for the outlet. Callahan indicated those who benefit should be assessed ! lurr was informed commercial assessment was at $12.00 a lineal foot for the street light project Kelley suggested giving the parcel back to the association and abating the assessment. Hurr supported that suggestion. Goetten said she supports giving the parcel back but not necessarily to abating the assessment. She noted that people are still responsible regardless of notification. Callahan inquired what method would be used to give the parcel back. Moorse suggested the cancellati<'n option He noted there may be additional costs involved. This method would avoid using the HRA and avoids the need to sell it to the adjoining landowners Callahan noted it also postpones the question of how' much needs to be collected Jabbour and Hurr said they would like a J''. ‘sion to be made on the assessment at this time Bruce Palmer, President of the Lafayette Ridge Homeowners Association, asked where the street lights were located and was informed of their location. He is of the opinion tnat it is inappropriate to assess swamp land He did indicate that the property tax statements were now reaching the correct parties He questioned the benefit to the homeowners when the lights are located on a County road several blocks away. Callahan informed him the whole tax roll would otherwise be assessed Palmer said he spoke with Mr. Hoecherl at Hennepin County Tax Forfeit Department, who informed him the County is favorable to the cancellation Palmer requested the assessment be abated. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 (#8 - Lafayette Ridge Tax Forfeit Property - Continued) Hun moved, Kelley seconded, to abate the assessment and ask the County to cancel the forfeiture, and to require the assoc^ ition to pay any costs incurred in the process by City Staff and Attorney. The reason for this decision is based on the lack of any benefit to the property owners who would be assessed Callahan suggested that it the assessment is to be abated, it should be based on fairness to the property owners who were not informed of the assessment, the passage of time since the assessment, and the demininous amount of the assessment Gotten said she does not agree with the abatement Vote; Ayes 3, Nays 2, Callahan, Goetten (*h9) 1997 FEE SCHEDULE - DRAFT ORDINANCE - (INFORMATION ONLY) The Council w as provided copies of the Draft Ordinance for the 1997 Fee Schedule (#10) DRAFT NOISE ORDINANCE Moorse reported that Staff is asking for Council's input on the drat) of the noise ordinance Kellev informed Moorse that he feels there is no need for the ordinance. Hurr noted the police were requesting the ordinance. Goetten indicated the ordinance would allow a resident to ca’’ ihe police to report a violation of the ordinance and not need to be identified as a person reporting a nuisance Kelley said he believes there is too much regulation and common sense should prevail. Goetten said she feels some people lack common sense and show a need for such an ordinance. Jabbour noted there is a misconception that the level of sound is the problem when it can be the pitch. Callahan indicated the police see the need for an ordinance but not necessarily as drafted. Harvey Reder, 3525 Livingston, said he read Ihe draft and would like to see it adopted. He noted the reference to sound level and time of day on page 3, item 3C. He asked if the wording could address the issue of unattended equipment, such as a 'boom box". Reder believes it is unreasonable to force a resident to li.sten to music not of his liking Callahan informed him the Council is not taking action at this time but only giving their comments. MINUTES OF THE REGULAR ORONO CITY' COUNCIL MEETING HELD ON NOVEMBER 25, 1996 (#10 - Draft Noise Ordinance - Continued) Kdley asked about the noise of jet skis Callahan cited the ordinance adopted for Long Lake regarding this issue Kelley indicated he felt the draft ordinance w'as an example of over regulation. Callahan said he felt an uneasiness with the piacticality of strongly regulating normal residential activity hut is concerned with the number of activities reported, and understood the resident’s concern. Kelley' recommended Chief Cheswick be in attendance when this ordinance is again discussed He would like to know how these concerns are being enforced now* Goetten said she was concerned with neighbors arguing with each other and liked the idea of another party, the police, interv ening Kelley opined that the person being reported would know who made the call Mr Reder indicated that he had spoken with his neighbor three times prior to calling the police to no avail citing the neighbor’s reaction Callahan indicated ho sees a benefit in having a noise ordinance The Council directed Staff to review the draft ordinance in light of the Council’s comments, and bring it back for Council consideration in January of 1997. (#11) 1997 NON-UNION COMPENSATION ADJUSTMENTS - RESOLUTION #3808 Moorse reported to Council the recommendation of an annuai adjustment for Staff of 3% in wages and no change in health insurance contribution Callahan voiced concern over raising the wage amount for .lon-union without having come to an agreement with union which may cite this e.xample during their negotiations He said the raise for non-union employees should be held to that of the union employees. Moorse responded that there has not been any settlement with the union While noting the preference to settle with the union first, this has not occurred and sees the recommendation as a reasonable increase for both union and non-union. Hurr inquired about the change at time of budget projections of 2.75% increase to the 3?'o increase now recommended Moorse said he has now received updated numbers on the consumer price index of 3.1% and on what other cities are recommending at 3.0%. When asked what cities he was referring to, he noted he polled 8 or 9 lake area cities. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOV EMBER 25,1996 (#11- 1997 Non-Union Compensation - Continued) Goetten asked whai the diflerence in percentage would relate to in a dollar figure She was informed the total cost would increase by about $4,000 Jabbour made it clear that it was not necessary to be in the union to be treated fairly. Kelley said he w as in support of the 3% increase. He did ask that the Council and Staff review job values to ensure positions are correctly placed in the pay schedule. Hurr noted her request she has made in the past for review of merit pay and salary stages. Jabbour moved, Goetten seconded, to adopt P. solution #3808 to approve the 1997 non union pay plan adjustments as follow s A 3®i pay increase, and a mileage rate of $0.3 1/mile vote; Ayes 5, Nays 0 (#12) SAGA HILL PARK ACCESS ALTERNATIV ES Moorse indicated the need to determine short term and long term access for the 9 5 acre tax forfeit parcel and the 13 acre natural area parcel on Saga Hill He presented different alternatives for Council ’s recommendation He noted the use of the Fairview Church parking lot is satisfactory' on a short term basis, but the conditions under which an agreement may be obtained indicate the need for a long term alternative Moorse recommended the proposed long term acce.ss to be that of Garden I.ane w hich now exists, is platted, and allows access to the 13 acre parcel, which, in turn, allows access to the tax forfeit parcel Kelley asked what effect it would have on the top of the ravine. Moorse noted it would run along the edge of the ravine but fell it was doable Goetten questioned the concern of access to all of the parcels Moorse said Garden Lane is platted to serve a number of parcels. He noted that lots 1 and 2 can be served by Garden Lane without affecting the park land. How ever, if Garden Lane is to serve lot #3, Garden Lane would be e.xtcnded along the edge of the ravine creating a separation between the natural ravine and the open space The City, however, has the obligation to provide access to those lots as they are buildable. Kelley suggested replatting the property. Moorse said that was possible with the parcels along the platted right-of-way still having the right to use the access. Kelley noted the replatting could begin past those lots indicated. Moorse stated there would still be a problem with lot #3. It was indicated that lots #4, 5, and 6 could use the access as a driveway if it was replatted. Kelley was concerned that it would result in a 24' wide bituminous roadway These lots have no sewer access Lots 4 and 5 are about 2-1/2 acres in size and lot 6 is larger. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25,1996 (#12 - Saga Hill Park Access - Continued) Kelley asked if there was an easement to the north Moorse said there is a partial easement to serve other parcels Callahan asked if the ordinance for 3 lots on a driveway would apply. Gaffron indicated it would but using that route would require expensive lowering of the County road He noted that while Lot 6 has the right to use Garden Lane, it could use Highview Lane when it is opened up. Highview Lane was noted as a dead end connection to Wildhurst. Gaiden Lane could also connect into Highview Callahan suggested moving Garden Lane by jogging by Lot 2 and eliminate access to Lot 3 which would eliminate separating the nature area from the ravine Moorse noted the potential in acquiring Lot 3 in exchange for another piece of property Kelley questioned if Garden Lane would have to be built to public standards if the owners of Lots 4, 5, and 6 wanted access Kelley did note it would be at the cost of those owners. Kelley indicated the possibility of access from CoRd 19 would not be favored by the neighbors Callahan asked if there was any other option other than acquiring Lot 3 Moorse said there was not He noted the exchange of property would require the approval of the DNR Moorse said it would be contingent on finding a solution for access to Lots 4 and 5 Moorse asked if the Council would rather see access elsewhere for l.ots 4 and 5 than from Garden Lane 1 he Council agreed Suggestions were access from the north or west Callahan noted the road to the north could be condemned to serve them. Jabbour asked how the tax forfeit parcel would be accessed if Highview Lane was abandonei. He was informed by Garden Lane The suggestion was made to have Garden Lane jog and stop at the park land, abandon Highview, and make the land into one parcel. Kelley suggested the Park Commission review the access issue Hurr agreed Callahan also suggested the Planning Commission review access Jabbour agreed as the issue of constructing a road would be under their review. Hurr moved, Goetten seconded, to rc^-'' the access issue to the Park and Planning Commissions Callahan asked if there were any public comments. Dwight Affeldt, resident ofTonkaview Lane, indicated his favor of a walk-in access. Affeldt sees no reason for residents to drive into the park property He suggested the parking lot of Fairview Church be used for car parking. MINUTES OF THE REGULAR ORONO Cm' COUNCIL MEETING HELD ON NOVEMBER 25,1996 (#12 - Saga Hill Park Access - Continued) Stev en Valek, 4720 Tonkaview Lane, indicated his preference of Garden Lane for access Since Tonkaview Lane does not provide for parking, \'alek suggested entering through Garden Lane, dead ending, and creating a parking area Kelley voiced concern over the potential for using the area for partying Valek said he did prefer natural walking trails as suggested by AfTeldt His parking suggestion was made if parking is necessar>’. Another public comment supported w^k in traffic only. This resident of North Shore Drive sees no reason to address the parking issue until it becomes a problem Goetten noted the park is for the use of the whole city and future needs should be addressed. Jabbour asked if the donor of the large donation towards the purchase of the Saga Hill land would like recognition. Patti Affcldt said the donor asked to remain anonymous Callahan asked for an update on the access from the Valek property GatTron indicated the 10' platted alley is located west of the Valek home Staff has recommended a 20’ access Hurr asked the N’aleks w here they would like the access located if it w as moved. Valek said the access was provided for utilities and would like to see it remain for utilities only and preferred vacation Mrs Valek said moving the access would destroy their adjoining parcel Hurr was informed that the Valeks have paid for sewer assessment for two units. Goetten said she has never supported using that access for park land access. Callahan noted that access should be retained. Valek inquiring affer his previous request for an additional 1.'2 acre of land adjacent to his property Moorse indicated that the tax forfeit property acquisition has not been finalized McHvrse noted that the reason discussion began regarding the access from Garden Lane was a result of an inquiry from the owner of Lots 4 and 5. Vote: Ayes 5, Nays 0. Callahan asked Staff'to inform the Commission chairs to make their recommendations in a timely manner (#13) FISCAL POLICIES Mayor Callahan indicated it was unwise to make a decision regarding th fiscal policies at this time and suggested tabling the item until it has been rsviewed £t a work session. Callahan moved, Kelley seconded, to table agenda item #13 regarding the Orono Financial Management Policies. Vote; Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 (#14) DONATION BY LONG LAKE STATE BANK TO ORONO POLICE DEPARTMENT Callahan moved, Goetten seconded, to accept the donation of four sets of "stop sticks" with an approximate value of $1,200.00 b>’ Long Lal:e State Bank to the Orono Police Department and to acknowledge Long Lake State Bank for its ongoing support of the Orono Police Department V'ote Aye^ 5, Nays 0 (*#I5) RECERTIFICATION OF OTTEN BROTHERS ASSESSMENT - RESOLUTION #3809 Jabbour mo\ed, Hurr seconded, to adopt Resolution #3809 Amending the Assessment for the Improvement of Willow Drive from the Intersection of Trunk Highway 12 to 650 Feet North of V Ilow Drive V'ote Ayes 5, Nays 0 (*#I6) APPOINTMENT OF PUBLIC SERVICES DIRECTOR - GREG GAPPA Jabbour moved, Hurr seconded, to appoint Greg Gappa to the position of Public Services Director effective December 2, 1996 at a starting salary- of $50,844, and providing for quarterly performance reviews, and a 2 5°/o .salary- increase at 6 months if merited by the level of performance Vote Ayes 5, Nays 0 (*#I7) LETTER OF INTENT TO PURCHASE SQUAD CARS Jabbour moved, Hurr seconded, to approve sending a letter of intent to purchase two squad cars to Superior Ford V'ote Ayes 5, Nays 0 (*#I8) CERTIFICATION OF DELINQUENT UTILITY AND GENERAL FEES RESOLUTION #3810 Jabbour moved, Hurr seconded, to adopt Resolution #3810, providing for the collection of delinquent charges for 1996 sewer and water utility services, and fees for the annual septic inspection and recycling programs Vote Ayes 5, Nays 0. (*#I9) 1997 POLICE SERVICES CONTRACT WITH THE CITIES OF MINNETONKA BEACH AND SPRING PARK Jabbour moved, Hurr seconded, to approve the renewal of the police service contract with the cities of Minnetonka Beach and Spring Park for 1997 and to authorize the Mayor to sign the contract documents Vote: Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 25, 1996 (*#20) 1997-1999 POLICE SERVICES CONTRACT WITH THE CITY OF LONG LAKE Jabbour moved, Hurr seconded, to approve the police services contract wth the City of Long Lake for the years 1997-1999 and to authorize the Mayor to sign the contract documents. Vote: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT City Attorney Radio passed out a written synopsis regarding a recent lawsuit for Council's review. (•#21) LICENSES There were no licenses. (•#22) BILLS Jabbour moved, Hurr seconded, to approve payment of the All Funds Account Vote: Ayes 5, Nays 0. ADJOURNMENT Mayor Callahan adjourned the meeting at 10:24 p.m. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk couwai OEc cm’ OF ORONO TRUTH IN TAXATION PUBLIC HEARING^’"®' MINUTES OF DECEMBER 4, 1996 ^ 1996 oromo ROLL The Council met on the above mentioned date with the followinii members present; Mayor hdward J. Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, Charles Kelley and JoEller Ilurr. Representing Staff were City Administrator Ron Moorse, Finance Director Tom Kuehn, Assistant Finance Director Chris Miller, Accountant/Management Analyst John Olson, and City Clerk Dorothy Ilallin. Mavor Callahan called the meeting to order at 7;01 p.m. Mayor Callahan asl ed Moorse to review the proposed 1997 budget. City Administrator Moorse stated the proposed 1997 budget is fiscally conservative in that it maintains current service levels while positioning the city to address a number of long term fiscal issues. The.se issues include; fuuu.ng for street repair and replacement, funding for sanitary sewer projects (hot spots), funding for storm water drainage projects, and funding for watei and sewer infrastructure repair and replacement. The proposed 1997 General Fund F.xpenditures, those with the greatest impact on the tax levy, are $3,447,605. This is an increase of $99,850 or 2.9% over the 1996 General Fund Budget. 'Phis reflects an effort to hold the line on expenditures while maintaining and improving current service levels. The tax levy required to fund the total 1997 budget is $2,161,630. is an increase of $80,790 or 3.88% over the 1996 levy. The portion of the tax levy required to fund the General Fund budget is $1,680,980. This is an incease of $33,040 or 2.0% over the 1996 General Fund levy. The major rca.son for the 3.88% overall levy i.icrea.se is a levy of $45,500 ,o enable a substantial increase in the city’s street repair program, fhe levy amount positions the city to address both short term and long term street repair needs. Because the city’s tax base has increased, partially due to new housing construction, the proposed tax levy will result in a reduction in the city’s tax capacity rate from 14.743% to an estimated 14.246%. This 3.36% reduction in the city’s tax capacity rate will enable Orono ’s tax capacity rate to remain one of the lowest in Hennepin County. Moor.se pointed out the table, provided in the information packet, indicating the tax share by jurisdiction for an Orono property in the Orono School District which shows the city receives only 11.8% of the estimated 1997 tax bill. Mayor Callahan asked if anyone had comments. > -A CITY OF ORONO TRUTH IN TAXATION PUBLIC IIKARING MINUTES OF DECEMBER 4, 1996 Norman Paurus, 2500 Casco Point Road, stated he wanted to thank the Council and staff for keeping expenses down. Moorse stated the final I ruth In Taxativin hearing would be held December 9, 1996, at 7:00 p.m. ADJOURNMENT Motion by .labbour, .seconded by Goetten to adjourn the meeting at 7:12 p.m. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M Ilallin, City Cierk ^^®^®*WEET1NQ REQUEST FOR COUNCIL ACTION 9 I99g CnVoPoRONO DATE: December 5, 1996 ITEM NO.: ^ Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2180 Peggy and Frank Pichelman, 2920 Casco Point Road - Variances - Resolution Zoning District: LR-IC Lot arta = 14,383 s.f. Application: The variance application was reviewed at both the October and November meetings of the Planning Commission. The application was tabled at applic^ts' request to allow addi^naj^ vliine for applicaatSL^i 1.Section 10.03, Subd. 14(C) - Strucmral coverage variance. Lot area = 14,383 s.f. Allowed = 2,157.5 s.f. or 15% Existing = 1,514 s.f. or 10.5% Proposed = 2,470 s.f. or 17.1% (original proposal 2,656 s.f. or 18.4%) Variance = 312.5 s.f. or 2.1% 2.Section 10.22, Subd. 2 - Hardcover variance. A. 0-75' setback area = 6,675 s.f. Existing = 24± s.f. (two tier retaining wall) Proposed = 0 s.f. No variance required POOR ORIGINAL DOCUMEN f* story walkout residence An original proposal involve^'a*5^'**^4* garage Edition to ffie street---- side of the existing residence. The garage addition and the intensity of .setback variances required were of major concern for the residents of the Casco Cove neighborhood finding the improvement to be completely in conflict with the existing pattern of development. The amended proposal places all improvements within the legal building envelope of the property. Structural coverage and hardcover (75-250’ setback area) variances are still required. The following ordinances are pertinent for the review of the amended proposal: Request for Council Action continued page 2 of 3 December 5, 1996 Zoning File #2180 B.75-250' setback area = 7,708 s.f. Allowed = 1,927 s.f. or 25% Existing = 2,577.5 s.f. or 33.4% Proposed = 3,030 s.f. or 39.3% (original proposal 3.146 s.f. or 41.%) Variance = 1,103 s.f. or 14.3% Hardcover increase = 452.5 s.f. or 5.8% List of Exhibits A - Application B - Hardship Statement C - Plat Map D - Property Owners List E - Survey F - Proposed Site Plan G - Side Elevation^North H - Side Elevation/South $ *I - Lake Elevation J - Street Elevation K - First Floor Plan L - Upper Level Plan M - Roof Plan N - Powell Letter 11/7/96 Sr.'......... Description of Request The revised plan places all structural improvements within the legal building envelope. It is the applicants’ intention to use the existing foundation in lower level and construct two new upper levels of residence. The structure will be reconstructed from a single story walkout to a two story walkout. Structural coverage has been reduced from 18.4% in original improvement plan to 17.1%. Hardcover excesses in the 75-250’ setback area are proposed now' at 39.3%. Planning Commission conditioned approval on final plan to be submitted to the Council to reflect hardcover at no greater than 38-39%. The amended proposal presented to the Planning Commission at their November meeting proposed hardcover at 41 % in the 75-250’ setback area. Please review Exhibit N, Powells ask that the structure conform to all required setbacks. The current proposal shows all new construction meeting required setbacks. As for the other concerns regarding height and consistency with the basic design of other homes in the area, the structure will not require a height variance nor will the structure encroach into required yard areas as defined in the LR-IC code. The Orono zoning code does not deal with aesthetic design standards S-.JKV Z..Z .-.‘-r'-t I Request for Council Action continued page 3 of 3 December 5, 1996 Zoning File #2180 for new construction. This type of concern would be best addressed in the private covenants for the development. Casco Cove is a private road maintained by the residents. The applicants may be asked to make repairs of danage to road resulting from new construction but the covenants or agreements may be in place to address such concerns for the Casco Cove area. As for the issue of runoff and diminution of sunlight, the structure meets the required side setback. Drainage from the residence must be contained and directed within the side yards of the property following e.xisting drainage pattern to either street or lake. The applicants’ contractor will be expected to provide a detailed grading and drainage plan with the building permit application. At the November meeting of the Planning Commission, Mr. Powell and two other residents were in attendance and noted their support of the Pichelmans' amended proposal. Statement of Hardship Please refer to Exhibit E, applicants note lot is located on quiet cul-de-sac with no through traffic. Actual traveled road is located 14-15' from street lot line. The existing house is a small two bedroom rambler and growing family needs require additiopal.b!^ooi%jf^3^Tbe existing bouse „ is served by a single stall garage. All improvements will meet the required setbacks of the zoning~ district and no improvements are proposed within the 0-75' setback area. Applicants contend the amended proposal will more closely fit the pattern of development within the immediate neighborhood. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the proposal as amended and approved the 2.1% excess of structural coverage and increase of approximately 6% of additional hardcover improvements within the 75-250' setback area. They specifically asked that hardcover not exceed 39%. Applicants have proposed 39.3%. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission’s recommendation. If Council members wish to maintain hardcover at exactly 39% then an additional 24 s.f. of proposed hardcover improvements must be eliminated from the improvement plan. The enclosed resolution has been drafted with approval based at the 39.3% hardcover in the 75-250’ setback area. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution i A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (C) AND 10.22, SUBDIVISION 2 FILE #2180 WHEREAS, Peggy R. Pichelman (hereinafter "the applicant") is the owner of the property located at 2920 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Tract M, Registered Land Survey No. 461, Hennepin Countv,_Minnesota i{hereinafter.^i=t t t WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03. Subdivision 14 (C) to permit construction on property that would result in 17.1% structural coverage where the code would allow 15% and a variance to Section 10.22, subdivision 2 as proposed hardcover improvements within the 75-250' setback area are proposed at 3,030 s.f. or 39.3% where 25% is allowed and where 33.4% exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2180. The property is located in the LR-IC, Single Family l.akeshorc Residential Zoning District requiring 21,780 s.f. or 1/2 acre in area. 3.The Orono Planning Commission reviewed this application on October 21, 1996 and November 18, 1996 and recommended unanimous approval of the variances as amended based upon the following unique findings and hardships: Page 1 of 6 POOR ORIGtNAL UOCUWihN I A. 46±% of the area of the this property is located within the 0-75' setback area where no improvements are allowed. B. The house is currently served by a single stall garage. C. D. E. All proposed improvements will meet the required setbacks of the L.R-IC Zoning Districts. There is no hardcover proposed within the 0-75' setback area. *^he lakeshore yard is a flat sloped grassed area. The proposed improvement plan as amended will be more consistent with the pattern of development within the Casco Co\ e neighborhood. hatfe^ Planning Commission noted their approval of the amended proposal. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City, 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 findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03. Subdivision 14 (C) and Section Page 2 of 6 POOR ORIGINAL DOCUMFNT 10.22, Subdivision 2 to permit construction of a new first and second floor and grants a structural coverage variance of 2.1% and a hardcover variance in the 75-250' setback of 1,103 s.f. or 14.3%, subject to the following conditions: 1.Upon application for a building permit, applicant shall be responsible for providing an updated survey locating all proposed improvements as shown on Page 6 of this resolution. All improvements shall be limited to those shown on the improvement plan. Applicant shall also provide a detailed grading and drainage plan with final construction plans. Authorities granted by this Nariance run with the property not with the applicant, but are permissive only and must be e.xercised by application for a building permit within one year of the date of Council approval, or this variance will e.xpire on that date (December 9, 1997). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.I he 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 Orono City Council on this 9th day of December, 1996. ATTHST: Dorothy M. Hallin, City Clerk Edward J. Callahan. Jr., Mavor Property Owner(s) Page 3 of 6 1 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 9th day of December, 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. “T- “ -fr-- Notary Public Page 4 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On 'his____day of____, 199_before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN.t^At^uy^ On this 'day of " " " -- ~ and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of____, 199 before me a Notary Public within and for said county, personally apjieared known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 6 POOR ORIGINAI. nOOUMFf n I Application tf ^ / Sr O CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 C$50.00 per each additional variance) ,J> /» .. Renewal Variance Fee $120.00 (' (no change from original application) g'i"' Variance for non-conforming structures $220.u0^ * After-the-Fact Fees (Double application fee) Date Received <9' — ,7 — p a Amount Paid ,7 ~7^. • 7^ 9 •i tlf------. -V PROPERTY INFORMATION SiteAddress_ _ _2920 Casco Point Road. Wayzata. MN' SS191 Property Identification Number (P.I.D.) 20-117-2331 0033 Attach legal description to application if not included on required survey. Date Proaeitv Acquired June 1993 ______________________________(month/year) I {dof(do no^ also own the adjacent parcels of laiid. Presem-4^^gm property: ^ residential Zoning District: Croi'^0 other (specify) APPLICANT Phone (home ) 471-9107 Name Peggy and Frank Pi nVi«»1inan______ PhonC(vvorfc ) 533-5324____ Address: 2920 Casco Point Road City: Wayzata _________Zip: 55391 > A s:.'OWNEICtir'different than applicant) Name _______________ ggvr "Pboo e (home )-- Phone (work)______ ~ Address:City:.Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ 100,000.00 Describe request in detail: See arrarhed _______________________________ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width X Hardcover X Setback: y Front Side Rear Other (specify) ^ Lot Coverage Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:_______See ArrarhoH _________________ (attach additional sheets if necessary) *^OOR original document REQUIRED SUBMITTALS t All of the following information must be submitted bv the application deadline date in order for vour applicarion to be considered complete; 1. 2. J. 4. 5. 6. 7. Completed Application Form Certified Propert>' Owners List of owTters within 150’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govi Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'/z" x !1" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/:" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy S'/z" x 11"). List of the legal names (include marital status) of all persons with an interest in the property'. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please 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 Property Owner must sign this application. Please remember that yimr variance application is not complete if the above information has not been include^ r? f 'hrAPPLICANT’S SIGNATURE . The applicant hereby agrees to provide aU Iniormation required or requested by the Zoning Administrator, agrees to pay additional fees (staff lime not covered by original fee payment) and/or consultant e.xpenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. ^ ) I * ^ / . , / . / fApplicant’s Signature Date / V 0\WER ’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 meinbers for purposes of investigation and verification of this request. Owner’s Signature /a o ________ Date —----- Applicant must have all submittals into the City' offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. -7. *• 09/25/96 J1 C’ "' - ^ City ot'Orono Zoning Department Planning Commission and Council Orono. MN 7'f We are requesting the Zoning Department to re\ iew our remodeling proposal to add a small addition, a deck, and a two car garage. VVe believe that a hardship can be demonstrated and that the hardship can be shown to run with the land Our lot IS located on a quiet cul-de-sac with no through tralTic. We have a very unusual lot line that doesn t go all the way to the street. However, we would be able to position the garage so we could drive in from the side and not back out directly onto the street. This does affect hard cover and set back calculations but the cul-de-sac and lot lines were plotted before two and three car families. Now in Minnesota, especially for working couples, not hav ing at least a two car garage can be shown to be a hardship and can be a very difficult and dangerous situation. Our house is a very small two bedroom rambler built in the I950 ’s. We need additional space ( we now have a combined family of two adults and five % I if; I*, need a small addition to add a conservative amount of living and storage space. We currently have to store our equipment outside in the front and back yard vvhich is an eyesore. The garage because ot limited front yard is of minimum size and has no storage. The additional space will let us clean up the yard and make it much more presentable. The deck will be built on top of part of the new storage area so as not to use any additional hardcover. The new roof line will be designed to shed less water directiv to the lake and more to the side lot. Our remodeling proposal includes making the house energy efficient and upgrading the house to be consistent with the neighborhood. Even with the conservative addition the house will be more than 75ft from the lake and will set back more than the neighbors on either side so as not to block their view. We really love the area we are in and want to invest in it rather than move. We sincerely believe that we have shown that a need exists and request this variation to add a small addition, deck, and double car garage be granted. Thank you for vour consideration. Peggy and Frank Pichelman ‘^OOH original OOCOMENT 'ii! iRUN DATE 08/09/96 BATCH 504PROP ADOR OHNER NAME TAXPAYER NAME/AODRPROP AOOR OWCR NAME TAXPAYER NAME/AOOR PROP AODR OHNER NAME TAXPAYER NAME/AODR Se 20-117-23 31 0028 02910 CASCO POINT RD PHILLIP 8 BETTY NICCUM PHILLIP J NICCUM 2910 CA'-CG PT RO HAY7‘.iA m 5539138 20-117-23 31 0033 02920 CASCO POINT RO PEGGY R SMITH PEGGY R PICHELMAN 2920 CASCO POINT RO NAYZATA m 55391 58 20-117-23 31 0042 03600 CASCO AVE RICHARO J HAEFELE t MIFE RICHARD HAEFELE 3600 CASCO AVENUE NAYZATA m 55391 PROP AOOR 0«4ER NAME TAXPAYER NAME/AOOR TOTAL BATCH 504 00009 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST38 20-117-23 31 i||05l 02914 CASCO POIhir: RO B 1 GLASSriAN < N A'6LASSMAN BARRY I « NANCY A CLASSMAN 2914 CASCO POINT RO NAYZATA MN 55391 »♦ ‘38 20-117-23 31 0034 02930 CASCO POINT RO M E MENTH A E E MENTH M E MENTH A E E MENTH 2930 CASCO POINT RO NAYZATA MN 55391 38 20-117-23 31 0072 02912 CASCO POINT KD M 0 BARRETT A 0 M BARRETT MICHAEL D BARRETT 2912 CASCO POINT RO NAYZATA MN 55391 REPORT NO. PI435401 PAGE 1658 20-117-23 31 003202916 CASCO POINT RO ROBERT H POHELL JR ETAL ROBERT H PONELL JR 2916 CASCO POINT ROAO NAYZATA M4 5539138 20-117-23 31 0035 02940 CASCO POINT RO S C A L M HANSON SCOTT C A LYNETTE M HANSON 2940 CASCO POINT RO NAYZATA MN 55391 38 20-117-23 31 0073 02918 CASCO POINT RO JEFFREY L FAFSOSH ET AL JEFFREY L A RENAE T FAY0USH 2918 CASCO POINT RO NAYZATA m 55391 " >1 4 > «* .• • • K3J 'll I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS DATE i Iin I) • ; J I hereoy certify that this plan, survey .'or report was- i SCHOBORG prepared by me or under my direct supervision and that i am UkNO SURVEYING 3 vaUiy no^isiorou Wa3no ourvoywi unwor uio iaws wi uio wisio of Minnesota. y INC. 8007 Qy. m. 13 SE 072-3221 OrtlO.MN SB328 Date: /Z Registration No. 14700 Book - Page 3 9--2 2. Scale / ": 3i)' flo 0.vs\ SfPC HJSVATK?Ni vr •/«#* .'. , C c? i.i ■ k- i IIE1 I POOR ORIGINAL DOCUMENT ^rv .aV' • • § I Io H O -) ».n o L-J €•A. Z <1 OV 10 AS G D X h O 0 1 h Q 1 > O 2 { \ 0 ■ r • I • II i H s I I Io •Ho i-•3J a o UJ TO•CL U*» OfO C- 'T 0 1 I CL LL LUca 2 It-01 i ^mft noth-oI- W5AR E.!VATfaN ........................ 4* P ^ c .hfJ n Yu'i “ ^ y oQ. 0* Onc- o li: & U4 •I UJ a.n* U*i roo ■x> atcr. I CO I V' •> *■' V / // V fffWJ. i. • ........................^. ... ....... rfljpBH FRONT 6L£VATI0N ti. m: iji' rT* i: j Post-ir Fax Note 7671 DAtc i of ^ rd. G v<\ Co .*Dupl.Oo Phone 0 PhOfW H fM ¥'“' hH-^Jirto ll-OT-lSrPS 11:OOhM FFOl THE DhIIEEPRY CO 473Ct5lO P.Oi iUTm iSJ*^ Post-It' Fax Note 7671 From <■ ^ prvrve • ^Pnooe. p" • qn‘2>* os lO Pax » PvCLWl<mA- NOV T Jeame A. Mabusth Building & Zoning Admin. City of Orono 11/7/96 Dear Jeanne, After speaking with several realitas in the Lake Minnetonka area.we feel it would be a huge disavantage to allow a variance of more than a 10 foot set back from our South lot line on the side of the Pichelman Property at 2920 Casco Point Road. This would cause a deaease in our property value. We as one of the affected neighbors feel the following should be adheared to without exception, according to the City of Orono codes; 30 foot set back from road 10 foot set bac k from property Iine Other concerns of grave importance that must be considered: Height-All the homes on the block art single story rancn type Sight line- The homes are basic ally co n si stent driving in and out What are the effects of heavy trucks on an already marginal road■ Water run i: Which is already critical Decrease in sun light by proposed 2 story dwelling:Affecting the following: Yard landscaping Powell Shake Roof We thank the Commission tor helping us in this matter. If there is any additional information necessary concerning this matter please doni hesitate to contact us immediaetly. Sincerely, V J _ Robert andT^ Ann Powell 2916 Casco Cove WayTata, MN 553y \ Phone: 471-7736 9 I9$s ^TYqp OFIO^ REQUEST FOR COl NCIL ACTION DATE: December 5, 1996 ITEM NO.: ^ Department Approval: Name Jeanne A Mabuslh Title Building A: /onma Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: p2191 Walter R. and Sharon K Wittmer, 2780 Shadywood Road Variance - Resolution Zoning District:LR-IB Lot area = 27,350 s f or .62 acres Application: Applicant seeks approval of a hardcover variance within the 75-250' setback area to permit construction of a 12' x 24' two level single stall garage at the northwest corner of residence The structure will meet all required setbacks including setback from average lakeshore setback line The following ordinances are pertinent for this review*: Section 10 03, Subdi\ision 14 (C) - ReNiew^ of structural coverage. Total area = 27,350 s.f ___ Allowed = 4,103 s f or 15% __________- “ ' Proposed = 2,473 s.f or 9“0 —r. ---- No variance required Section 10 22, Subdivision 2 - Review of hardcover. 0-75' setback area = 9,550 s.f Allowed = 0 s.f Existing = 953 s.f or 9.98% Proposed = 66 s.f or 0.7% B 75-250' setback area = 17,800 s.f - 1,929 s.f (area of paved shared easement drive) Adjusted area = 15,871 s.f* (not 12,765 s f as shown on applicant's hardcover facts) Allowed = 3,968 s.f or 25% Existing = 4,995 s.f or 31.4% Proposed = 4,603 s.f or 29% Variance = 635 s f or 4% Hardcover decrease = 392 s.f or 2.4% * Applicant's hardcover facts reveal a deduction of 5,035 s.f for a shared drive area Staffs calculations have been based on the area of the traveled road as opposed to the 12' wide recorded easement. The area of the paved road exceeds the area of the easement area Staff has credited the paved area shown as 1,929 s.f POOR ORIGINAL DOCUMENT Request for Council Action continued Page 2 Decembers, 1996 Zonine File #2191 Walter R. and Sharon K Wittmer, 2780 Shadvwood Road List of Exhibits A - B - C - D - E - F - G - H - 1 - J - K - Application Plat Map Property Owners List Hardship Statement Existing Survey Survey/Proposed Improvement Elevations Floor Plan Hardcover Facts 0-75' Setback Area Hardcover Facts 75-250’ Setback Area Resolution No. 2935, Approved March II, 1991 includes site plan Description of Request Applicants propose a 12* x 24' two level single stall garage addition at the northwest corner and lakeside of the existing residence. The structure will meet all required s^backa be located approximately V/i behind the average lakeshore setback line. Review Exhibit G, note garage door at lower level and lakeside of residence A cement slab will be installed at access door to garage at approximately 35 s f of hardcover The majority of this area already contains hardcover resulting from underliners beneath landscape area Major portions of the structure will also be placed over non-staictural/landscapcd areas underlain with geotechnic fabric. Review Exhibit F, applicant proposes the removal of sections of either plastic or geotechnic fabric installed beneath landscape areas within 0-75' and 75-250' setback areas. Review Exhibit K, in 1991 the City completed a variance review for the previous owner dealing with the reconstruction of the lakeside deck In that review, hardcover within the 75- 250' setback area was to be adjusted to 28.8% or 4,571 s.f The resolution was never filed on the Chain of Title because the property is torrens and the Torrens Office did not accept the resolution approving the variance The current owner was obviously not aware of the conditions of that approval. Review the site plan, the last page of resolution. Exhibit K, all landscape areas underlain with plastic or geotechnic fabric were to be removed in order to maintain the 28 8% hardcover Review Exhibit F, note the expansions of landscape area along the lakeside of the house and at the southeast corner There is some 980 s.f of landscape areas underlain with fabric existing on the property. None of the improvements scheduled for removal have been completed as directed in 1991 review. POOR ORIGINAL OOCUMENf i Request for Council Action continued Page 3 December 5, 1996 Zoninu File #2191 Walter R and Sharon K Wittmer, 2780 ShadvAvood Road in the 1991 review, the landscape area in the 0-75' setback area was not considered hardcover as plastic had deteriorated A new landscape area with underliner has been installed with a 1 1/2 to 2' stone retaining wall surrounding landscape area for a total of 953 s f of hardcover. Statement of Hardship 1. Please refer to Exhibit B, applicant notes existence of the easement drive being excluded from area in determining hardcover within 75-250’ setback area 2. Applicant notes no net increase in hardcover as a result of matching removals 3. No other variances are sought by applicant 4. 5. Structural coverage will be held at 9%. The City has received no negative comments from the property owners notified of this review. Resolution No. 2935 was not filed on the Chain of Title. The current owner Tiad no knowledge of requirement to remove underliner beneath landscape areas nor of the hardcover limitations Planning Commission Recommendation The Planning Commission recommended unanimous approval of the hardcover variance within the 75-250' setback area that would permit a 12' x 24’ two level garage stall addition at the northwest corner of residence located at 2780 Shady-wood Road based on hardship statement offered by applicants. They conditioned approval on applicant removing ail plastic and geotechnic underliners beneath landscape areas within 0-75' and 75-250' setback areas Applicants have submitted amended hardcover facts, Exhibits I and J, and a revised site plan. Exhibit F. Hardcover in the 0-75' has been reduced to 66 s f or 0.7% from 953 s.f or 9.98%. Hardcover in the 75-250' setback area has been reduced from 4,995 s.f. or 31.4% to 4,603 s.f. or 29%. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution based on the findings and conditions of the Planning Commission recommendation. I A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE NO. 2191 WHEREAS, Walter R Wittmer and Sharon K Wittmer (hereinafter "the applicants") are owners of the property located at 2780 Shadywood Road t\ithin the City of Orono (hereinafter "the City") and legally described as follows: Tract B, Registered Land Survey No 1196, Hennepin County, Minnesota (hereinafter "the property"), and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10 22, Subdivision 2 to permit construction of a 12' x 24’ two level single stall garage addition at the iiorthwest.cprn«;^^|be.:resM^.e:/e5i^U^ hardcover within the 75-250' setback area where the code would allow 25%; hardcover exists at 4,995 s.f or 31.4%. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2, This application was reviewed as Zoning File #2191. The property is located in the LR-IB, Single Family Lakeshore Residential Zoning District requiring one acre in area. The Orono Planning Commission reviewed this application on November 18, 1996 and recommended unanimous approval of the variance as proposed based upon the following unique findings and hardships: Structural coverage is proposed at 9% where the code would allow 15% B No other variances are required for this improvement. Page 1 of 5 oOOR ORIGINAL DOCUMENT Hardcover is proposed at 29% within the 75-250’ setback area where 314% exists resulting in a hardcover decrease of 392 s f or 2.4%. Hardcover in the 0-75’ setback area is proposed at 66 s f or 0.7% where 953 s f or 9.98% exists E.1,929 s.f. of a shared easement drive area has been deducted from the 75-250’ setback area having additional impact on allowed hardcover. The City has received no negative comments from the property owners notified of this review. 9,550 s f of lakeshore yard consists of flat grassed yard area allowing for treatment of runoff before enterine lake. 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 aflect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property, would not merely serve as a convenience to the applicants, but is necessary' tc alleviate a demonstrable hardship or difficulty, is necessary to preserve a substantial property right of the applicants, and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10 22, Subdivision 2 to permit construction of a 12' x 24' two level single stall garage and grants a 4% hardcover variance within the 75-250' setback area, subject to the following conditions; Page 2 of 5 1 AH hardcover improvements scheduled for removal as shown on Page 5 of this resolution shall be completed prior to the footing inspection for the new construction Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one >-ear of the date of Council approval, or this variance will expire on that date (December 9, 1997) Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of December, 1996. ATTEST; Dorothy M Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner (s) Page 3 of 5 I STATE OF MINNESOTA ) ) ss. COUNTY OF HENTs'EPIN ) The foregoing instrument was acknowledged before me on this 9th day of December, 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 ) ) 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 MINTMESOTA ) ) ss COUNTY OF HENNEPIN ) On thij day of , 199 _before me a Notary Public within and for said county, personally appeared _________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 5 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $200.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming structures $200.00 After-the-Fact Fees (Double application fee) 1^ / ' C /ii'/u . CX' i .*•u V...;'A 1 JL. n t"' PROPERTY INFORMATION Site Address 2780 shadywood road , orono . Minnesota 55:'^i Property Identification Number (P.I.D ) 21-117-23-2A-OOA1 Attach legal description to application if not included on required survey. Date Property Acquired_____JUNE 1993 ____________(monih/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: X residential ___other (specify) Zoning District:_______LR-IB_____________________ APPLICANT Name WALTER R. & SHARON K. WITTMER Phone (home) 471-8365 Phone (work)________ Address: 2780 SHADYWOOD ROAD City: ORONO. MN Zip: 55331 0\\NER (if different than applicant) Name Phone(horae) Phone (work) Address:City:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $10,000.00 Describe request indetail: ADD A SINGLE GARAGE STALL TO THE E.XISTING RESIDENCE (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback Front Side X Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY COiNDH IONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:______________________________________ SEE ATTACHED EXHIBIT l.a. (attach additional sheets if necessary) i * : V REQUIRED SUBMITTALS • i I . } •’v y • V:. •m *> ■ i All nf thp rollo\^Hiy information must be submitted bv the application deadline date in order for vour npplicatiolKlo be considered complete: 1. 2. 3. 4. 5. 6. 7. 8. 9. Completed ApplicJtiion Form Certified Propeny Owh«4;s List of owners within 150’ (you must obtain this list from Hennepin County Depanmbm of Finance, A-603. Gon Center, 348-3271). Plat Map (obtained with propehyowners list). Certificate of Survey (signed bVs^ licensed surveyor) and include hardcover calculations as required. In additi^n^provide one (1) copy 8 ‘/6” .x 11” for reproduction. Topographic survey (existing and proposed ele\^ttti;;ms) if any changes in existing grade are proposed. In addition, provide one (1) copy 8^><x 11" for reproduction. Sketches or plans of floor & elevation views (provide oru^l) copy 8'/:" x 11"). List of the legal names (include marital status) of all persol’lSs^ith an interest in the property. This would include name(s) of applicant(s) if not cuhx^ owner(s). As an addendum to this application, please attach a separate list of ahy^ther persons you wish notified of this application. Additional items as may be requested by Cit>’ staff. The Applicant and Property Owner must sign this application. Please remember that your variance nppHration is not complete if the above infonnatiou has pglJicgj^JiKiud.ed^ APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, acrces to pay additional fees (stafl time not covered by original fee payment) and/or consul. . e,xpenses incurred in review of this application, and certifies th.u the information supphed's true/ind correct to the best of his/her knowledge. DateAoDlicant’s Sisnature U OWTS'ER’S SIGNATURE The owner herebv acknowledges and agrees to this application and further authorizes reasonable entry onto the property by CUy staff, consultants, agents. Commission members, and Council members for purposes^f investigation and verification of this request. Owner’s _________________-------------------------------- Applicant must have all submittals into the City offices 25 days betore the Planmng Commission Meeting. Planning Conunission Meetings are held on the third Monday of each rnorith. Applicants must be present at all scheduled review meetings of the Planning Conunission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building «&. Zoning Office of this change prior to the meeting. * •?> 4 iP ■• “' 'V ^ -• 7^.' >v.,^ >•v>' ■f,'^:.\• T I k-^ k\ i iri ‘c" '■•I , V. v:":- V .-. Vv I \ \ <■(:* 'h?v4 c/' ^ •'■ • -V... ■- V V-'X -Ac ■/# V V. 2/-/n-i3-Ji -------^ 1 /■ -." >' •v. •••,; .>•.<.?? ^. ' X ,| /' •r —. '.'w ■'■';.■ .‘^ / /— 'v (P ' • ^ . Cu • ^ t*. \ • ■ \ ‘ >\ i' / F ‘ 41*5. ^ :__2*ior^ s.X- 3/-117-2 ;rf ’"s„ si;: .^'v^.'''\ s -V i ''s '/ • /r ..--;• . !i’ .. a- X . ; / t N ' H ^ x<N \ w* '>- X • V < ^/•V I • . ' '^rt- -N ' •: N..X'-.. -V -■ <.*:,.i^,x>-‘-:' y..-r .-Vv' ! ;, ! • . ^ * « V ' 's /LX- 4,,,'. X^/ > ' ‘ ' ■'Ijv ^>- •V.. .'V ' <|\' \ ' '.P <>'’ *;.:\4.-i 'A'i ^ HX*. - \ r-! V Jk ‘*■•.» X . \ t'Vi 5_»P ,S ,\. -*| ' "TA ■ :K » I T.| 1 ’I*. ' \ • • u- t*.1-1 ,, 1 ■'•• ■ • t i-: "If:: RUN DATE 10/25/96 BATCH 504 . \PROP AOOR OMCR NAME TAXPAYER NAHE/AOORPROP AOOR Oi^R NAME TAXPAYER NAME/AODR PROP AOOR (K<MER NAW TAXPAYER NAHE/AOOR PROP AOOR OHNER NAME TAXPAYER NAME/AODR \HENTCPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OEWERS LIIT38 21-117-25 15 002502600 SKAOYNOOO RO K SEVERINSON < E F HOFFMAN KENNETH SEVERINSON 2800 SHAOYHOOO RO EXCELSIOR HK 5555138 21-117-23 24 004002760 SHAOYHOOO RO A J KLOTSCHE A J A KLOTSCHE ALLAN J A JUDITH A KLOTSCHE 2760 SHAO»IOOO RO EXCELSIOR MN 55351 38 21-117-23 24 0059 02771 SHAOYHOOO RO R 6 A H J OGLE RICHARD G A MARLYS J OGLE 2771 SHAOYHOOO RO EXCELSIOR MN 55331 TOTAL BATCH 504 00009 ' t. i .58 21-117-2302775 SHAD B K OLSON TRUSTEE BONNIE K OLSON 2775 SHAOYHOOO R0( EXCELSIOR MN:3 24 Mb IYNOOO(|bi38 21-117-25 24 4^i,P94102760 SHAOYHOOO RO N R HITTMER A S Ki HITTMER H R HITTMER ASK' HITTMER 2780 SHADYWOOD RO i EXCELSIOR MN 555^1 38 21-117-23 24 p065 02740 SHAOYHOOO M ELAIt4E T PAC^IS 1, ELAINE T PAGONIS ' ‘ 2740 SHAOYHOOO ROi . HAYZATA MN 5539H ti f REPORT NO. PI455401 PAGE 938 21-117-25 24 003500058 ADDRESS UNASSIQCD S R A P A BECK STEVEN R A PEGGY A BECK 2795 SHAOYHOOO RO EXCELSIOR MN 5555138 21-117-23 24 005402785 SHAOYHOOO RO T J CASEY A S 0 CASEY THOrUS J CASEY 2785 SHAOY HOOD RO EXCELSIOR MN 55331 38 21-117-23 31 0002 02795 SHAOYHOOO RO S R A P A BECK STEVEN R A PEGGY A BECK 2795 SHAOYHOOO RO EXCELSIOR MN 55531 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEfWEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOFILEOGE Ar40 BELIEF. /O DATE (TV\. ?■ •V V s Exhibit l.a. fj .'f • VARIANCE APPLICATION THE WITTMER RESIDENCE 2780 SHADYWOOD ROAD ORONO, MINNESOTA 55331 DESCRIPTION OF HARDSHIP The hardship the Wittmers are faced with stem from the fact that the effective size of the property used for calculating nardcover is reduced by the easemertt across their property to service their neighbor. This request for approval proposes to remove existing hardcover to the extent needed to add a single stall garage addition to the house as indicated. proposal results in a no net gain in hardcover on the site. M ■ .1.4 1 j, n.a.i « U M l if . V ^ 4 **<'• I > T-* #Th..I M.T > C^LlI-VA ; yU i* - - ~y------------------------------- >KJL kE-it. >***<^>» •t-^*' "* '•*> cW-; .-r~Ji ••: •' V Us>- L ”»'•*. J V^.TU •. T-" - K* ■' / ♦- I__ I ______— xn:-: "T f ^.tcociAT.Cv -T> ’ ' !TJEut-..^i7ri5^&:Ht^< 3 '.V ♦ %• I ^ witmgp-HARDCOV]^ SETBACK ZONE: (CIRCLE O COVER..C4LCULATION WORKSHEET NI>^0-75p 75-250 ’ 250-500’ 500-1000’ EXTfmNG HARDCOVER IN ZONE A. House______________ Lenfih B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric \H0tQ riM00C G. Other X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^^3____ **• B . PROPOSED HARDCOVER IN ZONE A. House Length X X X B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape _ Underlain _ By Plastic _ Or Fabric G. Other X X X X X X X X X Width S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. X 100 Width TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE - A -5- B X 100 = S.F. r=S.F. =S.F. SB S.F. -S.V. S.F. % S.F. S.F. 8 S.F. 8 S.F. 8 S.F. S.F. 8 S.F. S.F. =- ... ~__S.F. as S.F. 8 S.F. S.F. 8 S.F. 8 S.F. S3 S.F. S.F. S.F. s 0.1 % lit: T r.4^, B A B 'i: * NWITTMI^ HARDCOVER CALCULA SETBACK ZONE: (CIRCLE ONE) 0-75 ALCULAXiq$t^ORKSHEET 250-500'500-11 EXISTING TTAPnrOVER IN ZONE A. House_____________ Length B. Oarage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X !Lfi i\.1 3.^ Twm X X X X X X X X X n TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A -• B . PROPOSED HARDCOVER IN ZONE A. House_____________ * Length X X X New B. Garage C. Driveway D. Sidewalk E. Patio/Dcck F. Landscape Underlain By Plastic Or Fabric G. Other l.Z 'I A n i.o X X X X X X X TOTAL HARDCOVER IN ZONE 3NE -i- B TOTAL PR^reg^AREA IN ZONE Wid* 3 4/ 32.4 15^4 S.g1l Width 4/ 32.4 ISA O, $ X 100 X 100 = rr 2.1 S.F. s S.F. = ___S.F. » __S.F. at S.F. s (22.5-S.F. a S.F. a S.F. a 74 S.F. S.F. a S.F. a ^>OG S.F. a S.F. s S.F. 2.2 a 4<#S.F. 44^5 S.F. «r -» ^ «-S,Fv a >o~ a 2(ae> -/S.F. a S.F. a S.F. 3S S.F. 2-g>g>S.F. S.F. a S.F. a ^ _S.F. a S.F. ,11 ^S6>S.F. a S.F. 'bS -S.F. —----2?-----S.F. a S.F. S.F. S.F. S.F. a ■ % A A B « 4 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 29 35 A RBSOLOTION GRANTING AN AFTKR-THB-PACT VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22r SUBDIVISION 2 (A) FILE #1609 is the 1??, He1.repii: County, Minnesota (hereinafter "the property ); and WHEREAS, the applicant has applied to the City after-the-fact variance to Municipal Zoning Code Section 10.22, Subdivision 2 (A) to permit a 12'x32* deck at 384 s.f. that replaced a former 10'x28’ deck at 280 s.f. increase of hardcover of 104 s.f. where 31.7% hardcover already Exists within the 75-250* setback The second phase of the variance application involves a request by applicant for a 4'x48' second story jf of the house at a total of 195.2 s.f. of additional within the 75-250’ setback area. 7 involves approval of an increase of 299.2 s. . structural hardcover within the 75-250' setback area. HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1609. 2. The property is located in the J J Lakeshore Residential Zoning District ^ area for each residential lot. The property consists of 17,544 s.f., exclusive of 1,030 s.f. for an acces serving adjacent residence for a ne., area of 16,714 s.f. 3 5.201.2 s.f. or 31.7% hardcover exists within the 75- 250' setback area. Structural and r.on-structural hardcover is determined as follows: Pace 1 of 6 “.a©*"-* . i fO ON' V'*! t!i\\^. .»;> .1^'. '"i I'/f CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2935 Existing Structural ® 2,507 s.f. or 14.9% Existing Kon-structural * 2,694.2 s.f. or 16.1% 4. The current application involves the request for an increase of structural hardcover at 299.2 s.f. or 1.79%. Applicant proposes the removal of 376.2 s.f. or 2.25% of non-structural hardcover resulting in a net reduction of 1.1% hardcover within the 75-250' setback area. 5. The Orono Planning Commission reviewed this application on February 19, 1991, and recommended approval of the after- the-fact variance based upon the following findings: A) The reconstructed deck meets all the required setbacks. It does not restrict.the^lake views -.of the adjacent residences, ribr dbis It encroach the average*-^ lakeshore setback line. B) The second level lakeside deck provides a secondary means of egress from the split level residence. C) The proposed improvement will not result in an increase of hardcover within the 75-250' setback area as applicant must remove an equal amount of non- structural hardcover within the 75-250' setback area. The Planning Commission denied the request for the 4'x48' second story deck along the east side of the residence finding that applicant had not provided acceptable hardships to support approval of the additional variance. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 ••i - « I i O Ov •V "L.U *. \i U I !CITYof ORONO • ♦ • I /• RESOLUTION OF THE CITY COUNCIL 2935NO. 7. 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 after-the-fact variance on the health, safety and welfare of the community. CONCLUSIONS, ORDBR AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants an after-the-fact variance to Municipal Zoning Code Section 10.22, Subdivision 2 (A) to permit a 12'x32' deck constructed without a building permit and denies applicant's request for a 4’x48' second story deck and approves an access stairs from second ^loor bedroom limited to 50 s.f., subject to the following conditions: , W — • -V- • • - 1. Applicant shall remove 376.2 s.f. of non-structural hardcover within the 75-250' setback area as shown on Page 6 of this resolution, resulting in net hardcover of 4,979 s.f. or 28.8% within the 75-250' setback area. 2. Applicant shall obtain a building permit for deck constructed without a building permit and Council has waived payment for penalty fees for building permit and land use application. 3. Authorities granted by this resolution run with 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 (March 11, 1992). 4. 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. 5. 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. Page 3 of 6 ■fO oil Vri 4' ‘y U» 7 ^C'r^ II }l CITYof ORONO Hi ii//RESOLUTIO* or THE CITY COUNCIL NO. -935_________ STATE OF MINNESOTA ) ) SB. COUNTY OF HENNEPIN ) ' before ne a Nota^^P-^bjic t??h^ an^dJfo?^aid county, FisonalTy appeared M'H and who executed tH? 199 / me^t>7 the^£rson(sraesckt'eY'in and who erecutea tg fS?Tgoii.rinstrua,ent, and acknowledged that he (they) executed the same as his (their) free act an.e deed. STATE OF MINNESOTA ) )ss. COUN'"Y OF HENNEPIN ) , 19S_r before me a Kotary%;ibTT^ithL an^ior said CountTTpersonally ?Ire%°oi'ng instrumVnT/and“ k"otledgtS^t^^^^^^ aVecuted the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 6 ssrr-- RESOLUTION # ^^35 IHItf ^^PLAT OF SURVEY | i? • _!1 % —» • -•. ** ij — •r:—f^'.Tn_____j.*2... % n • . ..— ■ ■. r.jU7^ -r;v*^\ * *__ .. _ ■ * "’ *'^ ^ A >-0^« • •: _:|S- .... .. •••, ------------ N /q' . _ .. . . •;. ‘ r /-cn i-.O -Ui-P ♦ ••—gA:.‘t^'''-M>g^*'1l ............ -."^VJJIMVL —L _ ------- e /-cnfC ^JL.:!^ifV' — «»«• .•{— „ _ __________r tUt ia wjit^b# Stai^ ®«*)r ^fc REQUEST EOR COUNCIL ACTION ®^»'OBONo DATE: December 6, 1996 ITEM NO.: Department Approval: Name Michael P Gaffron Title Assistant Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: «^2193 Minnehaha Creek Watershed District, 4680/4700 Creekwood Trail - Conditional Use Permit - Resolution Zoning District: RR-IA. Single Family Rural Residential. 5 Acre Application: The MCWD requests a conditional use permit for land alterations within a wetland/flood plain area. The proposed activity includes maintenance atid improvement of the South Katrina wet detention pond located at 4680/4700 Creekwood Trail, involving removal of approximately 3.900 cubic yards of material and construction of an outlet control structure. List of Exhibits A - Resolution B - Notice of Planning Commission Action 11/25/96 C - Memo and Exhibits of 11/13/96 Discussion Please review’ the memo and exhibits of Noveiriber l.> Briefly, the Watershed District is proposing to do maintenance and enlargement of a detention pond that was originally constructed in 1985. The total project includes maintenance and enlargement of two ponds, the other being in Minnetrista. The South Katrina pond will be expanded from approximately 0.18 acres in area to approximately 0.51 acres. The expanded pond area is all within DNR protected wetland 918W (Type 3), which is also a protected winland in Orono's 1975 Wetland Inventory. During this project, the existing pond will be excavated to a greater depth and urea, and an outlet structure designed to minimize the influence ot beavers will be added. Constmiction is expected to start this winter and be completed by next summer. The MCWD has applied for permits from the DNR. the Army Corps of Engineers, the MPCA. and the City of Orono. The City Engineer has reviewed the project and finds it acceptable from an engineering standpoint. 1 he intent of the project is to allow the settling and retention of sediments which will reduce the phosphorus loading to Jennings Bay of Lake Minnetonka. There also will be some flood storage capacity gained. Request for Council Action continued Page 2 December 6. 1996 Zoning File #2193 Minnehaha Creek Watershed District, 4680/4700 Creekwood Trail Conditional Use Permit Ihe City Engineer noted that approsal should be conditioned on specific requirements for maintaining both the private and public streets that become soiled or damaged due to construction activities, that the Cits should be able to halt all work if weather conditions beci me a problem, and that the Watershed District pp'vide a haul route map and construction schedule. Staff has suggested additional conditions requiring ongoing communication between the City and the Watershed District on lliis project, and t'..it the MCWD address all concerns of the Creekwood Trail Homeowners Association who own and maintain Creekwood Trail. Staff has also recommended that because a small number of mature trees will likely be removed to accommodate this project, a like number of trees must be planted on the site. Planning Commission Recommendation The Planning Commission reviewed this application at their November meeting and recommended approval of the project subject to the following conditions: 1 Maintenance and expansion of the South Kat..na Basin shall substantially conform to the submitted plans for .said basin, consisting of Sheets 1-5 of the Minnehaha Creek Watershed District Painter Creek Maintenance and Improxcment Project. Applicant shall work with the Painter's Woods Homeowners Association to ensure that the interests of said association are addressed and satisfied. Applicant shall obtain a land alteration permit from the City of Orono prior to commencement i)f the maintenance and improvement project. 4 5 Applicant and contractor shall hold a pre-construction conference with the City. A haul route map and construction schedule must be submitted to the City for approval prior to commencing work. Applicant shall be responsible for cleaning the surface and'or repairing any paved street (public or private) that becomes soiled or damaged due to the construction activities on this project. For safety reasons, in times of inclement weather or early thaw, the City shall have the authority to stop all hauling activity on the project until such time that the Citv determines necessarx'. A r Request for Council Action continued Page 3 December 6, 1996 Zoning File #2193 Minnehaha Creek Watershed District, 4680/4700 Creekwood Trail - Conditional Use Permit 8. Applicant shall transmit weekly upxlates on the construction progress to the City. 9.Applicant shall coordinate discussions on pond naintenance in future meetings with City staff, with the intent tl.at future incidents of pend maintenance may be subject to an abbreviated City review rather than the current process. Applicant shall replace on a tree-for tree ba.sis. all 6-inch diameter or greater trees which are removed to accommodate this project. Staff Recommendation Staff recommends approval of a Conditional use permit and the appropriate variances for tree removal and excavation w ithin 75' of a protected tributary/wetland, subject to Conditions #1-10 as recommended by the Planning Commission. COUNCIL ACTION REQUESTED: Adopt the attached resolution approving a conditional use permit and variances for the Minnehaha Creek Watershed District South Katrina Basin maintenance and expansion project. Isv Minnehaha Creek r _Watershed Distrirt Improving Quolity of U’uft’r, Quality of Life Gray Freshwater Center Hwys 15 & 19 Navarre Mail 2500 Shadywood Road Excelsior. MN 55331-9578 Phone (612)471-0590 Fax (612)471-0682 Email admm9mnwatershed org Web Site WWW mnwatershed org Board of Managers: John E Thomas President Pamela G. Blixt Vice President Monica Gross Secretary Thomas W. LaBour.fy Treasurer C Woodrow Love Thomas Maple. Jr. .Malcolm Reid District Office: Eugene R. Strommen District Director Suzanne M. Weedman Asst. District Director December 4. 1996 Pnnltd on recycled paper conta.*>.ng K least 30N post consumer massa Mr. Michael Gaffron City of Orono P.d. Box 66 Cr>stal Bay, MN 55323-0066 Re: Painter Creek Maintenance and Improvement Project Wenck File #0185-04-227 Dear Mr. Gaffron: The Minnehaha Creek Watershed District (MCWD) takes responsibility for cleaning the surface and/or repairing any paved street (public or private) that becomes soiled or damaged due to the construction activities associated with the Painters Creek Maintenance and Improvement Project. The above statement by the MCWD is in response to special condition 6 recommended bv the Planninu Commission. This letter was authorized bv the MCWD Board of # k. ______ • Managers at the November 26. 1996 MCWT) Board Meeting. As stated at the November 18. 1996 P .nnmg Commission meeting, the MCWD is agreeable to all ten of the recommended special conditions. Per special condition 2, the MCWD is currently working with the Painters' Woods Homeowners Association to ensure that their interests are addressed and satisfied. Please feel free to contact me at 479-4224 if you have any questions regarding the project. Sincerely, WENCK ASSOCIATES. INC. Engineers for the Di^ct Andrew E. Sy\ erson, P.E. Environmental Engineer AES/ljv Enclosure cc: David M. & Susan L. Jellison, Property Owner Christopher L. l illotson. Property Owner James F. & V. M. O’Neill, Property Ovemer Stephen C. & Sharon P. Coleman. Property Ov\Tier David & Kathryn Biek. Property Owner David A. & Nancy L. Stordahl, Property Owner Lonnie W. & Marsha L. Uncerhill. Property Owner Gene Strommen, MCWD Waverley Eby Booth, Smith Parker N\0lirjW 2:TAVORDvLMG 12046 LTR AES Ijv nl" \ % ' :k C ' A RESOLUTION GRANTING V ARIANCES TO MUNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 AND SECTION 10.55, SUBDIV ISION 8, AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10,55 AND SECTION 10.03, SUBDIVISIONS 19-21 FILE NO. 2193 WHEREAS, the Minnehaha Creek Watershed District (hereinafter the "applicant") has an interest in the properties located at 4650, 4700 Creekwocxl Trail owned by James F. O Neil and Christopher L. Tillotson respectively (hereinafter "the owners") within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A. attached (hereinafter the "property"); and WHEREAS, the applicant has applied to the City of Orono for variances to Municipal Code Section 10.56. Subdivision 16 to allow live tree removal, grading, filling and excavation within 75’ of the Ordinary High Water Level of a protected tributary known as Painter Creek where no such activity is normally allowed, and has requested a conditional use permit and variance per Municipal Zoning Code Section 10.55 for land alterations within a tloodway and flood fringe; and has requested a conditional use permit per Section 10.03, Subdivisions 19-21 for excavation in excess of 100 cubic yards; the above conditional use permits and variances to allow the expansion of an existing wet detention basin for the purpose of sediment and nutrient removal from the aforesaid protected tributary. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2193. 2 The property is located in the RR-IA Single Family Rural Residential Zoning District. Pace 1 of 9 The property consists of an easement located within Lots 2 and 3. Block 1, Painters Woods, a subdivision which is served bv a privatelv owned and maintained road known as Creekwood Trait. The aforesaid easement consists of an easement granted to the Minnehaha Creek Watershed District specifically for the construction and maintenance of an outlet control structure over and across a rectangular portion of Lots 2 and 3, plus a 20' wide ingress and egress easement; and a drainage easement granted to the public at the time the City of Orono approved the plat of Painters Woods in 1988. The Orono Planning Commission reviewed this application on November 18, 1996 and recommended approval of the pioposed variances and conditional use permits based upon the following findings: a.The existing pond known as the South Katrina pond is a wet detention pond and low dam located at the outlet of DNR protected wetland 918W, which is a Type 3 wetland. This wetland was identified in Orono's 1975 Protected Wetland Inventory. This detention basin was constructed in 1985 as part of the Painter Creek Upper Watershed Improvement Project completed by the Minnehaha Creek Watershed District (MCWD) with the support of the City ot Orono and other agencies. b.The South Katrina wet detention pond is due for maintenance and the MCWD proposes to not only restore the ^ood storage capacity of the detention pond but enhance water quality treatment by enlarging and deepening the basin. The pord will be expanded from approximately 0.18 acres to approximately 0.51 acres. c.Construction activities will include excavation and removal of approximately 3,900 cubic yards of dredged material and outlet structure modification. The pond will be enlarged and deepened, and an outlet structure will be installed that is designed to discharge the flow dowmstream in a manner that will discourage beavers from attempting to dam the creek. d.The wet detention pond is primarily intended to allow the settling and retention of sediments (and therefore reduce phosphorus loading to Lake Patte 2 of 9 e. f. Minnetonka) and also to enhance flood storage. Repair and maintenance of the e.xisting outlet structure and detention pond is required to maintain their benefits to the public. Enlargement and deepening of the existing basin at the same time as the currently required maintenance excavation, will provide additional wet storage volume and improve the water quality in Painter Creek and Jennings Bay. The Minnehaha Creek Watershed District has completed a mandatory Environmental Assessment Worksheet. No Environmental Impact Statement is required for the project. The Environmental Assessment Worksheet identified two potential concerns for the City, relating to the impacts on the site and the surrounding area during construction and relating to the proximity of identified burial mounds. The State Archaeologist has documented the location of burial mounds and MCWD has reduced the scope of the project area from 0.59 to 0.51 acres in order to maintain appropriate setbacks from the buiial sites. The City has legitimate health, safety and ’velfare concerns regarding the impacts of construction of the project and these concerns are primarily the impact of hauling dredge spoil material from the site to spoil disposal sites in Minnetrista and Independence. The City is concerned that the project may impact t^ .* private road known as Creekwood Trail and the City of Orono public road known as Townline Road, by potentially damaging said roads as well as leaving tiiem in a muddy or soiled condition. Because the prt)ject will occur during the winter, there is also a potential that droppings from the hauling process may freeze on the road, making the roads unsafe. Therefore, it is appropriate that the City place reasonable conditions on proiect approval that protect the interests of the City and its residents. Creekwood Trail is a private road that is owned, controlled and maintained by the Painters Woods Homeowners Association. While the City has underlying road access and utility easements, the City has not exercised its rights to take this over as a public road. Therefore, it is appropriate that the applicant gain approval of the Homeowners Association in order to use Creekwood Trail as a haul route, and it is appropriate that the City condition approval on the Watershed District taking whatever steps are necessary to satisfy the Homeowners Association. Paee 3 of 9 i.The propose'* project will likely remove a small number of mature trees, i.e. trees of 6" or greater diameter. While removal of these trees is necessary to the project, the proximitj to the protected tributary and the potential loss of screening to neighboring properties suggest that it is appropriate for the City to require replacement of all removed 6" diameter or larcer trees on a tree-for-tree basis. J- k. 1. The applicants have provided the City with plans for the maintenance and expansion of the South Katrina Basin, and those plans have been reviewed by the City Engineer who has indicated the proposed work is acceptable and appropriate from an engineering standpoint. Construction activity on this project is proposed to commence during the winter of 1996-97 and be completed in summer 1997. The site of the project is currently subject to the appropriate drainage and conservation and flow-age casements, and hence no additional easements shall be required. 4.The City Council finds mat die conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the requested variances subject to specific approval conditions will not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, will not merely serve as a convenience to the applicant, but is necessary to alleviate a demons'rable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and w-ould be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City of Orono. 5.The City Council finds that granting a conditional use permit to allow the proposed pond maintenance and expansion will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping w ith the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 4 of 9 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Code Section 10.56, Subdivision 16 to allow live tree removal, grading, filling and excavation within 75' of the Ordinary High Water Level of the protected tributar>' known as Painter Creek where no such activity is normally allowed, and has requested a conditional use permit and variance per Municipal Zoning Code Section 10.55 for land alterations within a floodway and flood fringe; and has requested a conditional user permit per Section 10.03, Subdivisions 19-21 for excavation in excess of 100 cubic yards; the above conditional use permits and variances to allow' the expansion of an existing wet detention basin for the purpose cf sediment and nutrient removal from the aforesaid protected tributary, subject to the followinc conditions: 1.Maintenance and expansion of the South Katrina Basin shall substantially conform to the submitted plans for said basin, consisting of Sheets 1-5 of the Minnehaha Creek Watershed District Painter Creek Maintenance and Improve nent Project. 2.Applicant shall work with the Painter's Woods Homeowners Association to ensure that the interests of said associr'ion are addre >sed and satisfied. 3.•Applicant shall obtain a land alteration permit from the City of Orono prior to commencement of the maintenance and improvement project. 4. Applicant and contractor shall hold a pre-construction conference with the City. 0.A haul route map and construction schedule must be submitted to the City for approval prior to commencing work. 6.•Applicant shall be responsible for cleaning the surface and'or repairing any paved street (public or pri\ ite) that becomes soiled or damaged due to the co:istruction activities on this project. 7.For safety reasons, in times of inclement weather or early thaw'. the City shall have the authority to stop all hauling activity on the project until such time that the City determines nece*^ arv. Page 5 of 9 8. 9. 10. 11. 12 Applicant shall transmit weekly updates on the construction progress to the City Applicant shall coordinate discussions on pond maintenance in future meetings with City staff, with the intent that future incidents of pond maintenance may be subject to an abbreviated City review rather than the current process. Applicant shall replace on a tree-for tree basis, all 6-inch diameter or greater trees which are removed to accommodate this project. Authorities granted by this resolution are granted specifically to the Minnehaha Creek Watershed District, and are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (Dece nber, 9, 1997). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a mis'^emeanor. The undersigned applicant and property owners have read, understood and hereby agree to the terms of this resolution, and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the respective properties. Page 6 of 9 Adopted by the Orono City Council on this 9th day of December, 1996. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr,, Mayor Property Owner(s) Authorized Representative of Minnehaha Creek Watershed District STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of December, 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 fli- City. Notary Public Page 7 of 9 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 STA1 E OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that be (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 8 of 9 CITY or ORONO P.O. Bi \ 66 CnstaP <4V,MN 55323 473-735 ZONING FILE 2193 NOTICE OF PLANTVING COMMISSION ACTION DATE OF NOTICE: 11/25/96 TO:MCWD Grav Freshwater Center 2500 Shadywood Rd.. Suite 37 Excelsior. MN 55331-8578 ATTN; Gene Strommen COPIES TO:Wenck Associates. Inc. 1800 Pioneer Creek Ctr. Maple Plain. MN 5535 ATTN: Andrew Severson James O'Neill 4680 Creekwood Trail Maple Plain, MN 55359 Christopher Tillotson 7130 Kenmare Dr. Bloomington, MN 55438 TYPE OF APPLICATION:Variance/Conditional Use Permit DATE OF MEETING: 11/18 96 VOTE:5 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: Approval of the conditional use permit and the appropriate variances for tree removal and excavating within 75' of a protected tributaryVwetland. subject to the following conditions: 1.Maintenance and e.xpansion of the South Katrina Basin shall substantially conform to the submitted plans for said basin, consisting of Sheets 1 -5 of the Minnehaha Creek Watershed District Painter Creek Maintenance and Improvement Project. 2.Applicant shall work with the Painter's Woods Homeowners Association to ensure that the interests of said association are addressed and satisfied. 3.Applicant shall obtain a land alteration permit from the City of Orono prior to commencement of the maintenance and improvement project. 4. Applicant and contractor shall hold a pre-construction conference with the City. 5.A haul route map and construction schedule must be submitted to the City for approval prior to commencing work. I Zoning File No. 2193 November 25, 1996 Page 2 6.Applicant shall be responsible for cleaning the surface and/or repairing any paved street (public or private) that becomes soiled or damaged due to tlie construction activities on this project. 7.For safety reasons, in times of inclement weather or early thaw, the City shall have the authority to stop all hauling activity on the project until such time that the City determines necessary. 8. 9. Applicant shall transmit weekly updates on the construction progress to the City. Applicant shall coordinate discussions on pond maintenance in future meetings with City staff, with the intent that future incidents of pond maintenance may be subject to an abbreviated City re\ iew rather than the current process. 10. Applicant shall replace on a tree-for tree basis, all 6-inch diameter or greater trees which are removed to accommodate this project. Applicant's ne.xt scheduled meeting is confimied as; City Council Monday, December 9. 1996, meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. To:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator From: Date: Michael P. Gaffron. Assistant Planning & Zoning Administrator November 13, 1996 Subject:#2193 Minnehaha Creek W'atershed District, 4680/4700 Creekwood Trail Conditional Use Permit - Public Hearing Zoning District: RR-IA, Single Family Rural Residential, 5 Acre Application: The Minnehaha Creek Watershed District requests a conditional use permit for land alterations within a wetland/flood plain area. The proposed activity includes maintenance and improvement of the South Katrina wet detention pond located at 4680/4700 Creekwood Trail, involving the removal of approximately 3,900 cubic yards of material and construction of an outlet control structure. List of Exhibits A - B - C - D - E - F - G - H - I - J - K - L - M - N - O - Application Plat Map Property Owners List Letter of Submittal Summary of Project Sur\ey Indicating Easement Location Construction Plans Sheets 1-5 MPCA Disposal Permit Request DNR Permit Request City Engineer Letter 11/6/96 Environmental Assessment Worksheet (EAW) 1994 Air Photo City of Orono Resolution No. 1517, August 22, 1983 Documentation of Burial Mound Sites 1975 City Wetland Map :• I f • Background and Summary of Proposed Work In 1975 the Lake Minnetonka Conservation District (LMCD) petitioned the Minnehaha Creek Watershed District (MCWD) to construct an upper watershed storage and retention project on Painter's Creek. The intent of this project was to provide pre-treatment of surface water flowing to Jennings Bay. This resulted in the Painter Creek Upper Watershed Improvement Project which was constructed in 1985 and which the City of Orono supported (see Resolution No. 1517). 1 Zoning File ^2193 November 13, 1996 Page 2 Two of the wet detention ponds created as part of the 1985 project are now proposed for additional work, and one of these, the South Katrina wet detention pond, is in Orono. The current project is designed to restore the flood storage capacity of the ponds created in 1985, and enhance water qualiw treatment by enlarging and deepening these two basins (the second basin is in Painter's Marsh, in Minnetrista). The South Katrina wet detention pond will be expanded from approximately 0.18 acres to approximately 0.51 acres. The expanded pond area is all within DNR protected wetland 918W (Type 3). This is also listed as a protected wetland in Orono's 1975 wetland inventory. Construction activities will include pond excavation and outlet structure modification. The project won't have a significant effect on the hydraulics of the creek and v\ill not change water levels from those approved in 1985. The pond will be enlarged and deepened, and a modified outlet structure will be installed that is designed to discharge the flow downstream in a manner that will discourage beavers from attempting to dam the creek. Construction is anticipated to start in the winter of 1996-1997 and be completed by next summer. The project requires pemiits from the DNR, the Amiy Corps of Engineers, the MPCA and the City of Orono. Merits of Project City Engineer Shawn Gustafson has noted that the grading plan and construction details are acceptable from an engineering standpoint. As noted in the materials supplied by the applicant, the intent of this pond expansion is to enhance the quality of runoff which ultimately flows to Lake Minnetonka. The wet detention pond is primarily intended to allow the settling and retention of sediments (and therefore reduce phosphorus loading to Lake Minnetonka) and also to enhance flood storage. Applicant notes that repair and maintenance of the existing structures and sedimentation basins is required to maintain their project benefits. Additionally, enlargement and deepening of the existing sedimentation basins at the same time as maintenance excavation, will provide additional wet storage volume and improve the water quality in Painter Creek and Jennings Bay. The cost of the two current maintenance projects is estimated at $457,000, of which approximately one-fourth is attributable to the South Katrina Marsh Project. Environmental Assessment Worksheet This project is in a mandatory Environmental Assessment Worksheet (EAW) category under the Minnesota Environmental Review Program rules. The MCWD has completed the EAW which is attached as Exhibit K. Staff would call Planning Commission's attention to EAW Items 17 (Page 9), 25 (Page 11), and 26 (Page 12). These items identified two potential 1 Zoning File #2193 November 13, 1996 Page 3 concerns, the first relating to impacts on the site and surrounding area during construction, and secondly the proximity to identified burial mounds. Regarding the latter, applicant has indicated the South Katrina project was reduced in area from 0.59 to 0.51 acres in order to maintain the appropriate setback from these sites. The State Archaeologist has documented these sites t'See Exhibit N). The former issue, regarding site and area impacts during construction, is of concern to the City and is addressed in more detail below. Impacts of Construction The EAW notes that approximately 5.500 cubic yards of soil will be excavated and removed from the site for pond construction. The above-noted reduction in pond area from 0.59 to 0.51 acres has reduced this to 3,900 cubic yards. This does, however, result in approximately 400 dump truck loads of material leaving the site over private and public roadways. Applicant notes that while some dust may be generated during construction, the project will be conducted during the winter when surface soils are bound together with frost. Additionally, most of the excavated material will be moist or saturated, hence dust is not expected to be a significant problem. During the course of the project, which is expected to be ongoing for approximately one month, there will be noise impacts on the neighborhood caused by construction equipment. This will have the greatest impact on the Creekwood Trail neighborhood in Orono, given the intended haul route along the creek bed to near the Creekwood Trail cul-de-sac, then on Creekwood Trail to TowTiline Road, then presumably south on Townline to County Road 6, then west and southwest to the disposal sites located approximately two miles distant in Independence and Minnetrista. Aside from the noise impact and truck traffic impact on the immediate neighborhood, the City is concerned about safety and road maintenance. Creekwood Trail is a private road that is owned, controlled and maintained by the Painter's Woods Homeowners Association. \\Tiile the City has underlying road, access and utility easements, the City has not exercised its rights to take this over as a public road. Therefore the applicant must treat it as private property and gain the approval of the Homeowners Association in order to use Creekwood Trail as a haul route. Note that applicant has chosen the Creekwood Trail access route rather than attempt to use the access easement underneath the power line along the north sides of Lots 1 and 2 (see Exhibit F), believing that the proposed route will result in less environmental damage. The intended haul route includes driving along the creek bed for approximately 100 yards, then up tie bank via a 20' drainage easement, onto Creekwood Trail. This 20' drainage easement exists to Zoning File #2193 November 13, 1996 Page 4 accommodate a storm drain discharging runoff from the road surface to the creek, and there is a distinct and steep drop-off at that location. It may be necessary for the MCWD’s contractor to protect the drainage structures at that location, or work with the adjacent homeowTier to identify a more suitable location for truck and equipment movement between the creek bed and the private road. City Engineer ShawTi Gustafson has suggested the following conditions of approval regarding the construction process: 1.A haul route map and construction schedule must be submitted to the City for appro\al prior to commencing with the work. 2.Applicant shall be responsible for cleaning the surface and/or repairing any paved street (public or private) that becomes soiled or damaged due to the construction activities on this project. 3.For safely reasons, in times of inclement weather or early thaw, the City shall have the authority to stop all hauling activity' on the project until such time that the City determines necessary. Staff would suggest the following additional conditions to assist in minimizing the impacts of construction: 1, Applicant and contractor shall hold a pre-construction conference with the City. 2. Applicant shall transmit weekly updates on the construction progress to the City. 3. Applicant must address all concerns of the Homeowners Association. Possible Tree Impacts A small number of mature trees, perhaps 6-8, would appear to have to be removed for the expansion of the South Katrina pond. Technically this requires a variance to the Shoreland Ordinance, as does the grading and e.xcavating within 75' of the OIIWL, because this is a protected tributary under the City's Shoreland Ordinance. Applicant has not identified any trees in or overhanging the creek bed which may have to be removed in order to accommodate truck traffic, but if a significant number of mature trees which currer ’ line and overhang the creek must be removed, this may change the character of the creek. The proposed plans do not include a proposal for replacement of the trees to be removed, and Planning Commission may wish to consider whether a condition of approval should be tree-for- tree replacement of those removed. Zoning File #2193 November 13, 1996 Page 5 Future Maintenance The South Katrina pond will eventually again fill with sediment. Maintenance is expected to be required ever>' 5-10 years. Future maintenance of the site will potentialh result in the same types of concerns as the current review, but perhaps an abbreviated review process for future maintenance of this pond could be established. No Additional Easements Required Note that the City was granted Flowage and Conservation easements and drainage easements over the existing and proposed pond sites as part of the plat of Painter's Woods, hence no additional easements shall be required by the City. Staff Recommendation Staff would recommend approval of the conditional use permit and the appropriate variances for tree removal and excavating within 75 ’ of a protected tributarv'/wetland, subject to a number of conditions: 1. 2. 3. 4. 5. 6. Maintenance and expansion of the South Katrina Basin shall substantially conform to the submitted plans for said basin, consisting of Sheets 1-5 of the Minnehaha Creek Watershed District Painter Creek Maintenance and Improvement Project. Applicant shall work with the Painter's Woods Homeowners Association to ensure that the interests of said association are addressed and satisfied. Applicant shall obtain a land alteration permit from the City of Orono prior to commencement of the maintenance and improvement project. Applicant and contractor shall hold a pre-construction conference with the City. A haul route map and construction schedule must be submitted to the City for approval prior to commencing work. Applicant shall be responsible for cleaning the surface and/or repairing any paved street (public or private) that becomes soiled or damaged due to the construction activities on this project. Zoning File #2193 November 13, 1996 Page 6 7.For safety reasons, in times of inclement weather or early thaw, the City shall have the authority to stop all hauling activity on the project until such time that the City determines necessary. 8. Applicant shall transmit weekly updates on the construction progress to the City. 9.Applicant shall coordinate discussions on pond maintenance in future meetings with City staff, with the intent that future incidents of pond maintenance may be subject to an abbreviated City review rather than the current process. 10. 7- 4 » • I ■ ^ 1. 2. 3. 4. 1 (For Discussion) Applicant shall replace on a tree-for tree basis, all 6-inch diameter or greater trees which are removed to accomodate this project. Options for Action ‘ ----- Recommend approval per Conditions 1 - 10 as listed above, i Recommend approval subject to revised^additional conditions. . • ^ ^ ^ •• Table for further information (specify). >.y Recommend denial, stating specific reasons.f \-^ /'A ' ^\ 5. Other. Isv ' i • ‘ • . • r- ^ ' •J) 44^ O 'i Application # m * S '' ^ bate Received .'>/s -^/9*^ Amount Paid ^ASC.<ro CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION f Site Address End of Creekv/oud Trail at Outlet of South Katrina Marsh.______________ Type of Application to be Filed Grading 101 C.Y. or more within a designated wetland Property Identification Number (P.I.D.) 30-118-2333 0004 and 30-118-2333 0005 APPLICANT Name Minnehaha Creek Watershed District Phone (home). Gray Freshwater Center Address 2500 Shadvwood Rd.. Suite 37 ________ Phone (work) 471-0590 City Excelsior_____ Zip 55331 OWNER (if different than applicant) Name Christopher Tillotson/James O'Neill Phone (home) 996/0686/ Phone (work) 863-4261/ Address 7130 Kenmare Dr/4680 Creekwood Trail Bloomington/ City Maple Plain Zip 55438/55359 Date Property Acquired (month/year) 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 _____ SI75.00 Residential Accessory Use _____ S250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments ______ $200.00 Duplex Credit/Bldg. _____ $300.00 Commercial/Industrial Use $250.00 Land Alteration ✓ Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more _____Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____ $250.00 Commercial Site Plan Re''lew (+ consultant fees) _____ $300.00 Vacation _____ $200.00 Easement Vacation _____ $ 100.00 Easement Vacation With Subdivision _____ $350.00 Rezoning (PUD - refer to fee schedule) _____ $350.00 Comprehensive Plan Amendment _____ $100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District______ 1 A f \ i Present Use of Property Residential __Other (specify) Wetl ind/Wet Detention Pond REQUIRED SUBMITTALS 1. Completed Application Form. 2. Describe request in detail. See EAW. 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). 4. ✓ Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. 5. ✓ Attach legal description to application if not included on required survey. 6 __Topographic survey (e.xisting and proposed contours) if land alterations involve changes in elevation (grades). 7. 8. 9. /__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 to notified of this application. YOUR ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENT OR COPY FOR REPRODUCTION (ll" 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 infonnation 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(6Thi^/her knowledge. DateApplicant's signature (,/L OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date Applicant must have all submittals into the City olTices 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 anangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. RUN DAT6 10/24/96 DATCH SOI HENTiEPIN COUKTY PROPERfY INFORMATION SYSTEM PROPERTY OHNERS LISTPROP ADOR OHNER NAME TAXPAYER NAHE/ADDR PROP ADDR OltCR NAME TAXPAYER NAME/AOOR PROP ADOR OHNER NAME TAXPAYER NAF«/ADDR PROP AODR OHNER NAME TAXPAYER NAME/AOOR PROP ADDR OHNER NAME TAXPAYER NAME/AOOR IB S0-118-2S SI 0003 04555 HAYZATA BLVO H STATE BANK OF LONG LAKE GARY L FRAZIER 4555 HAYZATA BLVO H MAPLE PLAIN MN 55359 36 30-118-23 32 0005 01020 TOHN LINE RO T J LUNIESKI A J P WAHL T J LUNIESKI A J P NAHL 1020 Tat4 LINE RO MAPLE PLAIN MN 55359 38 30-118-23 33 0005 04680 CREEKxWOOO TR J F A V M 0‘NEILL JAMES F O'NEILL 4680 CREEKHOOO TR MAPLE PLAIN Hii 55359 38 30-118-23 33 0006 04745 CREEKHOOO TR 0 A STOROAKL A N L STOROAHL DAVID A A NANCY STOROAHL 4745 CREEKHOOO TR MAPLE PLAIN MN 55359 38 30-118-23 34 0001 00038 ADDRESS UNASSIGNED KIP A NELSON KIP NELSON 4580 HATERTOHN RO MAPLE PLAIN HN 55359 38 30-118-23 31 000404575 HAYZATA BLVO H L 6 LA BRESH ETAL L G LA BRESH 4575 HAYZATA BLVO MAPLE PLAirj MN 55359 38 30-118-23 33 0003 04750 CREEKHOOO TR 0 M JELLISON A S L JELLISON DAVID M A SUSAN L JELLISON 4750 CREEKHOOO TR MAPLE PLAIN MN 55359 38 30-118-23 33 0006 04650 CREEKHOOO TR S C C0LE?1AN ASP COLEMAN STEPHEN C COLEMAN 4650 CREEKHOOO TR MAPLE PLAIN MN 55359 38 30-118-23 33 0009 04785 CREEKJ!OOD TR L H UNOERHILL/M L UNDERHILL LOtA«E W/MARSHA L UT^CERHILL 4785 CREEKHOOO TR MAPLE PLAIN 194 55359 TOTAL BATCH 503 00013 REPORT NO. PI43S401 PAGE 438 30-118-23 32 000401040 Tat4 LIhK ROCAM KICKHAFERCHARLES A MAXINE KICKHAFER 1040 TO'TN LINE RO MAPLE PLAIN M4 55359 38 30-118-23 33 0004 04700 CREEKHOOO TR CHRISTOPHER L TILLOTSON CHRISTOPHER I TILLOTSON 7130 KEMARE DR BLOOMINGTON MN 55438 ri ./ f. i 38 30-118-23 33 0007 04675 CREEKHOOO TR OAK BIEK DAVID A KATHRYN BIEK 4675 CREEKHOOO TR MAPLE PLAIN MN 55359 t ' ^ V *- ^ LI ' V. 'J 38 30-118-23 33 0010 00038 ADDRESS UNASSIGNEO PAINTERS MOODS HMOHNRS ASSOC PAINTERS HOODS HHOF94RS ASSOC 4750 CREEKWOOD TR MAPLE PLAIN MN 55359-9619 1 4 ] u -5..^ Gray Freshwater Center Hwys. 15 & 19. Navarre Mail: 2500 Shadywood Road Excelsior. MN 55331-9578 Phone: (612) 471-0590 Fax: (612) 471-0682 Email: adminOmnwater^hed org Web Site: www.mnwatershed org Board ol Managers; John E Thomas President Pamela G Blixt Vice President Monica Gross Secretary Thomas W LaBounty Treasurer C. Woodrow Love Thomas Maple. Jr. Malcolm Reid District Otfice: Eugene R Strommen District Director Suzanne M. Weedman Asst. District Director Pnmfd ofl ffcycUd pac«f conti»mng ft iMSt 30% post COftSUfflff «|Stf Minnehaha Creek vji.-Watershed District Improving Quality of Water, Quality of Life October 25, 1996 Mr. Michael Gaffron City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 a •< ; ^ -7 ». * » a \ . .7 i Re: Painter Creek Maintenance and Improvement Project Wenck File #0185-04-227 Dear Mr. Gaffron: On behalf of the Minnehaha Creek Watershed District (MCWD), enclosed is a permit application and the following supporting documents relating to the above referenced project: Environmental Assessment Worksheet (EAW) Certified Property Owner L.ist, labels and plat map Certificate of Survey/legal description Survey of access easement Full size design plans (three sets) Reduced size design plans (one set) List of legal names of all persons with an interest in the property/list of others to notify Department of Natural Resources permit application and associated cover letter and attachments Minnesota Pollution Control Agency cover letter. Per our previous phone conversations, the MCWD project is completely within an existing MCWD easement. Access to the project is proposed to be through an existing Orono drainage casement shown on the attached survey you sent me for "Painters Woods". Please feel free to contact me at 479-4224 if you have any questions regarding the project or require further information. Sincerely, WENCK ASSOCIATES, INC. Engineers for the E^trict, Andrew E. Syverson, P.E. Environmental Engineer AES/ljv Enclosures cc:Gene Strommen, MCWD Waverley Eby Booth, Smith Parker N ::riWOR17LMGlLi246XTR ALS-g» € Minnehaha Creek Watershed District Painter Creek MaintenanceAVater Quality Improvement Project I. BArKnROfTNT^ Jennings Bay is a basin located at the northwest extreme of Lake Minnetonka (Figure 1), Based on water quality data available and documented to date, the water quality of Jennings Bay is inferior to that of other portions of Lake Minnetonka. In lakes of the upper midwest, as elsewhere, the availability of phosphorus is the limiting nutrient factor for algae growth. When the activities of man increase the amount of phosphorus in a lake, algae blooms and other undesirable conditions also increase. Sources of phosphorus entering a lake are classified as "external" (from "point source" - such as a specific discharge and "non point source" - such as urban and agricultural runoff) and "internal" (from the lake sediments). The size and nature of the drainage area primarily determines the amount of non-point source phosphorus entering a lake. The total watershed area for Jennings Bay is approximately 10,500 acres, while the surface area of Jennings Bay itself is .300 acres. The watershed area to lake area ratio (35:1) indicates a potential significant external loading The Painter Creek subwatershed accounts for more than 75 percent of the total watershed of Jennings Bay. Painter Creek is one of the major tributaries draining into Lake Minnetonka. Painter Creek proper begins at the outlet of Lake Katrina in Baker Park Reserve and traverses approximately 5.5 miles to its mouth at Jennings Bay, in the City of Minnetrista (Figure 1). l IS\04.193\W0RI>VWTR-QUAL A£S-ljv The Painter Creek watershed has an area of approximately 8,000 acres and is located entirely within the Minnehaha Creek Watershed District (MCWD) in the Cities of Medina, Orono, Maple Plain, Independence, and Minnetrista, and represents approximately 11 percent of the total area draining into Lake Minnetonka. The watershed encompasses Lakes Katrina and Thies, as well as numerous low areas, marshes, and wetlands. Existing land use is primarily agricultural and low density residential. Historically, the water quality of Painter Creek has been degraded due to Maple Plain wastewater treatment plant discharge and agricultural land uses. This has adversely impacted Jennings Bay as well and is strongly suspected to be the cause for a significant build-up of nutrients in Jennings Bay sediments. Although the Maple Plain wastewater treatment plant discharge ceased in 1986, Jennings Bay continues to show degraded water quality. It is believed that the "intemar phosphorus loading Sum the bottom sediments is significantly responsible along with continued e.xtemal loading. II. PREVTQIJS \nN?VFHAHA CREEK WATFRSHFD DfSTRICT PRO.TFrT In 1982, an Engineer's Report for Painter Creek as part of the Upper Watershed Improvement Project was prepared for the MCWD. Seven construction areas where identified and constructed in 1985 as part of the Upper Watershed Improvement Project CP-5 for Painter Creek, as listed below: Lake Katrina Outlet Control Structures: A twelve foot sheet pile weir was constructed with an overflow elevation at 960.65 to increase water detention time in Lake Katrina. South Katrina Marsh Channel Improvements: 2000 feet of channel was excavated to improve the hydraulic gradient through South Katrina Marsh. N.VOI I5\04-l9)\WORD\WTR-OUAL.A£S-ljv South Katrina Marsh Outkt Control Structure and Sedimentation Basin: A 15 foot sheet pile weir was constructed with an overflow elevation of 959.13 and a one third of an acre sedimentation basin e.xcavated to reduce suspended solids. Painter Marsh Channel Improvements: 3000 feet of channel was excavated to improve the hydraulic gradient through the Painter Marsh. Painter Marsh Outlet Control Structure: A 55 foot sheet pile weir was constructed with an overflow elevation of 940.91 and a three quarter of an acre sedimentation basin excavated to reduce suspended solids. Pond 937 Outlet Control Structure: A 50 foot sheet pile vyeir was constructed with an overflow elevation of 938.44 to increase water detention time in Pond 937. Painter Drive Culvert Reconstruction: The existing 87" x 63" CMP uch culvert was reconstructed to meet DNR standards as a fish velocity barri *r. Overall the 1985 Painter Creek Project increased storage capacity by approximately 900 acre feet for major runoff events and substantially reduced peak discharges to Jennings Bay. m. RFOTTTRKD MAINTENANCE Repair and maintenance of the e.xisting structures and sedimentation basins is required to maintain their project benefits. In addition, enlargement and deepening of existing sedimentation basins at the same time as the maintenance excavation, will provide additional wet storage volume and improve the water quality in Painter Creek and Jenmngs Bay. A list of the required repair and maintenance including basin enlargement and deepening is shown under the following section (Cost Estimates). N.\0 113 4H. I9]\W0RD\WTR-0UAL.A£S-Ijv rv. Painter Creek MaintenanceAVater Quality Improvement Project Cost Estimate South Katrina Marsh Item 1. Mobilization 2. Excavation 3. Overflow Structure Modifications 4. Restoration Unit IX CY. L. S. AC. Quantit)' T" 5.500 I “7 Unit Cost slobo $8 S10,000 S2.000 .Amount Hooo S44.000 SI 0.000 $4,000 SUB TOTAL $65,000 1. Mobilization L.S.1 $25,000 $25,000 2. E.xcavation C.Y.27,000 $7 $189,000 3. Overflow Structure Modifications L.S.1 $5,000 $5,000 4. Overflow MH L.S.1 $ 10,000 $10,000 5. DropMH L.S.1 $3,000 $3,000 6. 24” HOPE Pipe L.F.90 $60 $5,400 7. 24” Dip Pipe L.F.30 $45 $1,350 8. 24” Gate Valve EA.1 $2,000 $2,000 9. 36” CMP Arch Pipe L.F.45 $50 $2,250 10 36” CMP Apron with Rip Rap EA.1 $1,200 $1,200 11. Restoration AC.2 $2,000 $4,000 12. Clay Borrow C.Y.150 $12 $1,800 SUB TOTAL $250,000 TOTAL S315.00Q Contingency 10% Engineering, Legal & Administration 35% GRAND TOTAL S32,000 S110,000 S457.000 N>OltJM>*.|9)\WOKnWTX^}UALA£S-(iv m 1 VPROJECT , NUMBER NAMELAKE lUmMA outlet CONTROL STRUCTURE SOUTR KATRINA MARSH CHANNEL IMPRQVElKENrS ®SOUTH KATRINA OUTLET CONTROL STRUCTURE PAINTER MARSH CHANNEL iMPRO/EHENTS PAINTER OUTLET CONTROL STRUCTURE ®PONO S37 OUTLET -v CONTROL STRUCTURE \ ^ ©PAINTER DRIVE * CULVERT RECONSTRUCTION ^—---------------------------- ■x' f mm -i;i q 1: ■ i^ I **•■ »Zs (/ V / Vv. ^ ‘‘ r - •'■•■ •“i •• .3C -iSir. Q“■1 nr 3C r"tag jj !■■i feP ■QBT"r" ■i a■r ■Pi V _ Pi ■■1 ■ (>7 )7 7' _ ^' ■" T r T T '7 ) iW c >7 >> ■i .J ■ik ■1 ■■1 ■1 p ■a P P"■i 1 7 7 7 ( ^ J 4 1^--“ T r • r ~^1 r ’ C 7 H ()7 7' , J M ■f J 1*.J mg i .. J ■1 P LJ J I]3-- "1 ) .i V ** 1 •*» V C* • i iiimisHiiiiiii iiimisiiiiiJiii (>()() n ■i ■M g ip ■1 m 1 k ai P ■■■■P ■P ■m P"■ '7 7 IVi 7 7 ( . 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'•s rt- I ; I \' 1_____J ;?' / ' # •-J h’l •••\ ;'.■••>4 I 4 \ V V • !;•*'" iU »M.»»/ ‘V .«1 Jl i/. *• •! ♦• »»■> • . !• irti *fy r l'» 4 .*1 Mil •, ». » ■ , >I i 1 *•*» u » •v- V.?» • " •: i'l »;♦ • •# ##• ••• •«* ••• 0^0 0 n O n I I *^1 ») •»VI ■t i Vfi *• -.VI 1 W . ‘ 'k \ u^.4 ’*' :«M ' 1 • n . ■ \ \ 6" S’ • V* ■• 1 •!» , 'r'* \ . ^ W9 " ‘' t,? It « * n.% 1 \ i? • • ' T!;« \ .1. ’< i 1 it. ll<a •4 *«i I i.. • ♦ M I *. «*■. •»»' / A . » «• Mi'. ■ 3t r;*t. • !•- I' ■ /»» Gray Freshwater Center Hwys. 15 419, Navarre Mail: 2500 Shadywood Road Excelsior. MN 55331-9578 Phone: (612) 471-0590 Fax: i612) 471-0682 Email: admmOmnwatershed.org Web Site www.mnwatershed.org Board of Managers: John E. Thomas President Pamela G. Biixt Vice President Monica Gross Secretary Thomas W. LaBounty Treasurer C. Woodrow Love Thomas Maple, Jr. Malcolm Reid District Office; Eugene R. Strommen District Director Suzanne M. Weedman Asst. District Director ©PfwitH ^ FfcycUd mtf comjinif^g II ffiy 30% postcoRS^Ttr «asrt Minnehaha Creek Watershed District Improving Quality of Water, Quality of Life October 25, 1996 JJ, C ♦07' .«<»i it ) l . 1 ■a V *w: n * V.-* Ms. Judy Mader Minnesota Pollution Control Agency Nonpoint Source Compliance SectionAVater Quality Division 520 Lafayette Road St. Paul. Minnesota 55155-4194 Painter Creek Maintenance and Improvement Project State Disposal System Permit Application VVenck File #0185-04-227 Dear Ms. Mader: On behalf of the Minnehaha Creek Watershed District (MCWD), enclosed is a permit application and the supporting documents to obtain the required State Disposal System (SDS) Permit for the proposed work. Also enclosed is a check for $85 to cover the application fee. The District has identified three soil disposal areas. Each disposal area is described below by providing specific site information. All proposed disposal areas are located in upland areas with no anticipated impacts to wetlands, lakes, or other waterbodies. All of the proposed disposal areas have recently been used as farmland. See Figures 1 and 2. A minimum of a 35-foot buffer will remain between e.xisting wetlands and upland fill areas. A silt fence will be installed upgrade of the wetland buffer between the land applied soils and any adjacent wetlands. All silt fences will be maintained until the farmland is stabilized with vegetation the following spring. All wetlands adjacent to the three soil disposal areas were delineated and documented in the enclosed Wetland Delineation Report entitled. "Upland Soil Disposal Sites for Painter Creek Maintenance and Improvement Project". All of the farmland will be seeded and or cropped the following spring. There are no designed discharges trom the disposal sites, water from the spoils will infiltrate into the ground or evaporate. Enclosed along with the permit application are supporting documents and relevant project information which include the following materials: Ms. Judy Mader Minnesota Pollution Control Agency October 25. 1996 Page 2 m m m • EAW DNR permit application construction plans (full and half size sets) information on project background information on upland soil disposal areas/wetland delineation report Soil Disposal Areas Area 1 Site Name: Location: Intended Use: Dimensions: Volume: Provisions: Area 2 Site Name: Location: Intended Use: Glenn M. Rye Township 117N. Range 24W. NW‘/4 NW‘/4 of Section 2 North of Co. Rd. 26 and west of Co. Rd. 110 Minnetrista, Hennepin County Spread 0-4 feet of soil over e.xisting farmland. Size of Disposal Area: 4.1 acres 785* X 225’ X 4’ 26,000 cubic yards A minimum of a 35-foot buffer will remain between existing wetlands and the upland fill area. A silt fence will be installed upgrade of the wetland buffer between the land applied soils and the'’ adjacent wetland. The soil will be spread during the winter months and the site seeded in alfalfa the following spring. Marvin D. Johnson Township 117N. Range 24W, SE‘/4 NW'/4 of Section 2 North of Co. Rd. 26 and west of Co. Rd. 110 Minnetrista, Hennepin County Spread 0-2 feet of soil over existing farmland. «ng led uid iter ing ng ed nd ter ng N;M)ll5W-227NWORD'iJM 10226 LTR* AES-ljv Ms. Judy Mader Minnesota Pollution Control Agency October 25,1996 Page 4 Please call me at 479-4224 if you have any questions regarding this permit application or need additional infoimation.5 * Sincerely, WENCK ASSOCIATES, INC Engineers for the District ■uj C- Andrew E. Syverson, P.E. Environmental Engineer -tfi ■- ^5 AES/ljv cc;Gene Strommen, MCWD Joe Yanta, COE Ceil Strauss, DNR Mary Leintz, City of Independence Julie Kemp, City of Minnetrista Mike Gaffron, City of Orono Waverley Eby Booth, Smith Parker N.WI 85^^M-227^WORD^UM 10226 LTR-AESliv llplm 0^ OATC 6-27-»e K80 MINNEHAHA CREEK WATERSHED DISTRICT General Location Map 1 ^^1 Wenck OCT 1996 Wenck Associates, Inc. 1800 Pioneer Creek Ctr. Environmental Engineers Maple Plain, MN5S359 Figure 1 o<^'^ *A-^ • I - \^ ’ • * ! !• • J y>Zj\ • • - / ( * m/ >0_- ■ - ’ r-'-l__ 1,, ,‘-J _.j-*'_____: — ■Lf'‘ / -a . '\j/\ - ■■'■ ; j J) / . “ ■:- , i i,’-----:^r ’ • r. • - PRnjFrTVyy :l-^->-"•-.> • ’• -LOCATION ■%. ^ --------- » \''■ A— V'.'• ,\ \ 4fecx I 3 •• *• I % /■■. ■*--~L. ^N-C• ;;’'''■■ 'y\ '- -'iSas..* ^-V'--^-- '1-^ V.4'^ -:-->-.T y > X ^ . -^'WlfrOtATC )..( sA - ^ \ '-^YPROJEC t\-Vi — T ArnTr>xr'^ ^ n k -7T7 • •< \ — ■—A ”V.-- rxXb^^v *v* -^_r {/- //^r A, V -W ^ \ v«—'A- f. - IL' 'L* VAt -^\ t*r • • hkV^{ t ,r- •“•-T >• :7 A **^\ i { "'\ •:'.'^ r l»^T\ •ci?-xy . ^«nni scale 1:24000 Q I •«(iC lOCX)1000 ioon ttOOO ;000 ftCT I «M.0Hcri/i CONTOUR interval JO FEET MINNEHAHA CREEK WATERSHED DISTRICT Project Location Map ,^^Wenck Wenck Associates, Inc. 1800 Pioneer Creek Ctr. Environmental Engineers Maple Plain. MN 55359 OCT. 1996 Figure 2 MNESOTA «r ■ -W REQUEST FOR REVIEW AND COMMENTS MINNESOTA DNR PERMIT APPUCATION NUMBER:97^76 il 199^^ DATE OF REQUEST:10/31/96 (Note: ComnicaU oa thi* application are Due 30 davt from receipt of this notice. Return Conunenta to: DNR - Division of Waters, Metro Rcfioa, 1200 Warner Road, St Paul, MN SS106.) FROM: Ceil Strauss. Area Hydrologist_______________ PHONE: (612) 772-7910_______________ TO: □ o □ D □ □ □ □ City/CouniQr Waterdied Authority' Cons. District (SWCD) Corps of Engineers DNR Wildlife DNR Fisheries DNR Eco. Services MPCA *Orono-Mike Gaffron /*Mnnetrista-JuRe K. Wischnack / *lndependence-Mary Leintz NA - applicant Hennepin - Ali Durguno^lu *Joe Yanta Diana Regenscheid Daryl Ellison i Wayne Barstad *Judy Mader PROPOSAL INFORMATION Applicant: Minnehaha Creek Watershed District (agent - Wenck) Protected Water Painter Marsh/South Katrina ONRIOi: 27-923/918 County: Hennepin Project Description: Excavation of 2.15 acres within Painter Marsh (27-923W) and 0.51 acres within South Katrina (27-918W) for a total of 2.66 acres. 1.49 acres of mitigation (at 1 ;1) proposed for portion that is a conversion from wetland to deep water. Purpose of project is water quality improvement in Jennings Bay and provide additional flood Morage. * Received plans and supportng documents directly from applicant Location: S. 2. T117N-R24W and S. 30. T118N-R23W COMMENTS ON PROPOSAL Comments on Project by Reviewer (attach separate sheet if needed): Recommendation of Reviewer Name of Reviewer Title:Date: I request a copy of the recommendation of the Area Hydrologist: YES NO ‘*5 Gray Fresnwater Center H>.ws. 15 419. Navarre Mail 2500 Stiadywood Road E*celsior, MN 55331-9579 Phone (612) 471-0590 Fax; (612)471-0632 Email; £dmin®mnv/atersned.ora Web Site; www.fnnwatershed.org Board of Managers; John E Thomas President Pamela G. Biixt Vice President Monica Gross Secretary Thomas W. LaBounty Treasurer C. Woodrow Love Thomas Maple. Jr. Malcolm Reid District Ottice: Eugene R. Strommen District Director Suzanne M. Weedman Asst. District Director Minnehaha Creek Ai Watershed Distrirt Improving Quality of Water, Quality of Life October 25,1996 »• y • V ./ -• Ms. Ceil Strauss Minnesota Department of Nauiral Resources 1200 Warner Road St. Paul. MN 55106 Re; Painter Creek Maintenance and Improvement Project Wenck File ?0185-04-227 Dear Ms. Strauss; On behalf of the Minnehaha Creek Watershed District (MC\\T)) enclosed is a permit application for the above-referenced project. Per a phone conversation with Joe Yanta (COE), it is our understanding the project will also require Section 404 authorization under Regional General Permit No. 1 from your office. The Uvo parts of the project include maintenance and improvement of the South Katrina and Painter Marsh wet detention ponds. The purpose of the project is to restore the flood storage and water quality benefits of the Painter Creek Upper Watershed Improvement Project constructed in 1985. A public hearing on the design plans was held on June 20, 1996. The notice of EAW availability was published in the EQB Monitor on July 15, 1996. A public hearing on the EAW was held on August 8, 1996 and remained open to receive written comments until August 14, 1996. Four EAW comment letters were received from the following agencies; Metropolitan Council, Minnesota Department of Natural Resources. Minnesota Historical Society, and the Minnesota Pollution Control Agency. Response letters were sent to the above-referenced agencies. A Negative Declaration of the Need for an Environmental Impact Statement was approved at the August 22, 1996 MCWD Board Meeting. Since the EAW was completed, the only significant design change was the reduction in the size of the South Katrina Marsh wet detention pond from 0.59 acres to 0.51 acres. The pond size was reduced to provide the recommended setback distance from a recorded burial site per the state archaeologist. 0 Pmitt on II liist 30% 90ft consumtr wtsti Enclosed along with the permit application are supporting documents and relevant project information which include the following materials: N \OII5 (M-::T'.WORD'1.CS09306 LTR AES-Ijv 1 Ms. Ceil Strauss Minnesota Department of Natural Resources October 25, 1996 Page 2 EAW EAW comment letter from DNR Response to DNR EAW comment letter Construction Plans (full and half size sets) Information on project background Information on upland soil disposal areas/wetland delineation report Please call me if you have any questions regarding this permit application or any further information is needed at 479-4224. Sincerely, \\^NCK ASSOCIATES, INC. Engineers for the District viv' ^ _ J Andrew E. Syverson. P.E. Envirorunental Engineer AES/lJv Enclosures cc; Gene Strommen, MCWD Joe Yanta, COE Judy Mader, MPCA Mary Leintz, Citv' of Independence Julie Kemp, City of Minnetrista Mike Gaffron, City of Orono Waverley Eby Booth, Smith Parker N U)II5^04.:2:^WORD'JLCS09306 LTR-AES-ljv I NA-0262f'-01 ■Local - State - Fgrf^ral Water Resource Project NotifigaHoa / Appl^catinn F^rm Use this form to notify/apply to the U.S. Amy Corps of Engineers, the Minnesota Department of Na.ural Resources and I nral finvpmmpnf Ilnit of in nrrkt^e*rl ^__ _ _ _ _ _ _ _i. . t • /• n ..... . ’vour water/wetland project or work which may fall within their jurisdiction. These agencies should advise you of their jurisdiction or pemit requirements within 4: days. Some LGU’s may also require submission of their own application fom^ Fill out this fom completely and mail a copy, with plans, maps, etc. to each of the agencies listed on the BEGTNT^'rNG REQUIRED AUTHORIZATIONS BEFORE AGENCY USE ONLY LGU NUMBER: Address (Street. RED, Box «. City, State Zip) 2500 Shadywood Road, Excelsior. MN 55331-9578 Area Code. Telephone (612)471-0590 (MCWD) (612) 479-4224 (Wenck) II Location of proposed project (attach drawing showing how to get to site) COUNTY QUARTER SECTION(s) SECTION(s) NO. TOWNSH]P(s) NO R.ANGE(s) NO. Ul Block Subdivision Hennepin NW/SW 2/30 117N/118N 24W/23W • BOX No.. OR PROJECT .ADDRESS NAME OF WATERBODY .AFFECTED .AND NLMHFR ilF K\0\v\jj' outlet of Painter Marsh (923W) / outlet of South Katrina Marsh (918W)___________ III estimated PROJECT COST: $435,000 LENGTH OF SHORE AFFECTED (in feet): K/A IV. VOLUME OF FILL OR EXCAVATION (Cubic Yards): 27,000/3,900 Cubic yds. AREA FILLED OR EXCAVATED IS 2.15/0.51 Acres. Square Feet (NOTE: You may substitute dimensions) V. TYPE OF WORK A.ND AREA (CHECK ALL THAT APPL'l') □ ACCESS PATH □ BRIDGE-------Tc ULVERT --------Tda M------- □ CQNSTRL'CT Q DRAIN 0 EXCAVATE □ DOCK □ RIPRAP □ SANDBLANKET D FILL Q RE.MOVE S REPAIR Q lake □ SHQRELIN-E E WATERWAY □ WFTT,ANn OTHER (DESCRIBE):_ReDair/replace existing outlet structures Isheet pile weir with riprap) wetland TYPE(S) AND ACREAGE(S) PROPOSED TO BE FILLED/DR a INED: Nq filling or drainin9 proposed Attach applicable drawings, plans, and ASCS crop photos. Include a description of any proposed compensatory mitigation. Imnortanr Identilvanv disposal Md burrow areas Describe the work below: how it would be done, what equipment would be used. See Atta . *".ifient VI. PROJECT PUP.PJSE (why is this project needed - what benefits will it provide '): See Attachme v VII ALTERNATIVES (ucsw .Ik any other sites or methods that could be used to achieve the purpose of your project while avoiding or mmimiaing wetland'water impacts; Attach additional sheets, if needed). See Attachment VIII. DATES: Proposed start of activity: December 1996 _______(Identify any completed work on attached drawing)_________ IX. ADJOINING PROPERTY OWNERS (Attach list if more than two) Proposed completion; Mid Summer 1997 Name See Attachment Address City State Zip X. PERMITS have been received (enter an R) or already applied for (enter an A) from: _A. dnr .A. ARMY CORPS OF ENGINEERS COUNTY _A. TOWN/CITY WATERSHED DISTRICT AMN POLLUTION CO.VTROL AGENCY See Attachment Has an archaeological survey of the project site been done?If so, by whom * "Otily the recipients ofthisform of the project proposed herein and request that I be advised of any permits or other determinations concerning this project thaU must obtain. I uni^taM that proceeding with work before all required authorizations are obtained may subject me to Federal State and/or local administrate, civil, and/accriminal>penalties./u. Signature of Person Proposing Projcc/or Agency DATE : /C'/-r/96 PLEASE CAREFULLY READ AND COMPLETE BACK OF FORM N «lirdM.22r.WoflW>NlLAJ»f A£S-li» TN<;TRi;rTIOX^ - pt FASE READ CAREFLXLY A copy of this form, with copies of all plans, drawings, etc...should be sent to each agency indicated below. Please check the appropriate spaces below to show everywhere you are sending this form. Remember to keep a copy for your records. y LOCAL GOVERNMENT UNIT (LGU): city, county, or watershed management organization. Specify the LGU to which you are sending the form: Cities of Indecendence^Minnetrista a nd Qrono _______ The local SOIL & WATER CONSERVATION DISTRICT (SWCD) for the project. Specify the county SWCD:_______________________________ ✓ w.-vTERSHED DISTRICT (if One exists for the project area). Specify the Watershed Disrrict: MCWD is the applicant ----------- ✓ .MINNESOTA DEPARTMENT OF NATURAL RESOURCES (MDNR) regional office ^ U.S. ARNFV CORPS OF ENGINEERS (CORPS). Send the CORPS copy to: Department of the Army, Corps of Engineers, St. Paul District, ATTN: CO-R, 190 Fifth St. East, St. Paul, MN 55101-1638 The above agencies may provide a copy of your completed form to the Minnesota Pollution Control Agency (MPCA). MPCA water quality rules may apply to your proposed project. ATTENTION fFrom USDA): Anv activitv including drainage, dredging, filling. leveling or other manipulations, including maintenance, may affect a landuser ’s eligibiiity for USDA benefits under the 1985 Food Security Act as amended. Check with your local USDA office to request and complete Form AD-1026 prior to initiating activity. IMPORTANT* Some agencies, including the Corps of Engineers and the MDNR accept his form as a permit application form. If you wish this form to constitute an applicadon to the Corps and'or MDNR for any necessary permits for your project please carefully read the following information and sign where indicated. Application is herebv made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information containe'd in this application, and that to the best of my knowledge and belief such information is true, complete and accurate. I funher cenify that 1 possess the authority to undertake the proposed activities ^am acting as the duly authonzed agent of the applicant. //J / /' \) it Signature of Applicant Date Signature of Agent Date Note : The application must be signed by the person who desired to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the information requested below is provided. Agent’s Name and ritl^- Andrew Swerson. P.E Wenck Associates, Inc. Agent's AHdri»«;s* 18QQ Pioneer Creek Center. P.O Box 428 Maple Plain. MN 55359~Q428. Agent's Telephone: (612) 4/9-422^----------- 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the Jurisdiction of any department or agency of the United States knowingly and willfullv falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false fictitious or fraudulent statements or representations or makes or uses any false writing or document knowmg s^ne to contain tmy false, fictitious, or fraudulent statement or entry, shall be fined not more than SI0.000 or imprisoned not more than five years, or both. ■<;EF. ATTArHMFNT ABOUT MDNR PERMIT FEES N'iiiir<a.::'NWo«fDNH A^f-AES-i^ Department of Natural Resources Division of Waters NA-02659-03 Rev. 3/94 nFPARTMENT OF NATI fRAI. RF.SOIJRCES WATER PERMIT APPLICATION FEES Use this sheet to determine your permic ar?I»»-auon fee if the project will be in DNR protected waters or wetlands. Fees must be paid with a check or money order payable to the "Department of Natural Resources". Cash cannot oe accepted. Painter Creek Maintenance and Improvement Project Fee for the construction or repair of a dam................................................................. (Under Minnesota's Dam Safety Rules, M.R. 6115.0300-6115.0520) S75.00 Fee for the placement of riprap shore protection ........................ (or place fill to recover shoreland lost to erosion) S75.00 Fee for all other projects See Below* Minimum Fee:................................................................................................................A)S S75.00 Project Cost: S 435.000 x 1%......................................................................................B) S 4.35Q.0fl Length of Shoreline Affected: feet X 75 cents per foot =..............................................................C) $. (For chann-;! excavation projects, the shoreline affected is the ditTerence in length betvveen the existing channel and the new channel.) Volume of Material Filled or Excavated: 30 900 cubic yard' x 75 cents per cubic yard =D) ■^23.175.00 (For channel excavation projects, the volume is only the material filled or e.xcavated in protected waters.) Maximum Fee:...............................................................................................................B) S. *DETERMINE YOUR FEE AS FOLLOWS: If B, C, and D are all less than $75...........................................................................the fee is $ < 5.^ If B, C or D is more than $75 but less than $500, the fee is the largest ameunt of B. C. or D. If B, C, or D is more than $500..............................................................................the fee is SSQQ. If you represent a Township applying for a road, bridge, or culvert project,...................................................................the maximum fee is SlQiL —NOTICE— If a DNR permit is required for the work proposed, your application will not be processed unless the appropriate fee is submitted. Applications s^nt with no f“e or an inadequate fee will be considered withdrawn after 30 days and no further action will be taken. The permit application fee for work partially or wholly completed prior to this permit application is double the normal fee; if a field inspection is also required, the application fee will be double plus the actual cost of the field inspection (not less than $100). AM. FF.F.S ARE NONREFUNPABLE This informatior is available in an alternative format upon request. O 1994 State of Minnesota, Department of Natural Resources N^ll5'lU.2:"vWofrf\WTR-PERM FTLM-AES-ljv I ocal-Stafg-Federal Water Resource Project Notification/AppUcation Form (Additional Application Information) V. Type of Work and Area: Construction plans are enclosed with permit application Proposed compensatory mitigation for excavation in DNR protected w'etlands 923W and 91 8W is as follows: Total excavation (2.15 acres 0.51 acres) = 2.66 acres Subtract excavation area in existing sedimentation basins (0.74 acres + 0.18 acres) = -0.92 acres Total Wetland Impact = 1.74 acres ol type 3 wetland Subtract area of wetland fringe created around wet detention ponds = -0.25 acres (i.e., area shallower than 6.6 feet) Propc' vd iniiigation ratio for cu.. version of wetland to deep water habitat =1:1 .• wetland mitigation = 1.49 acres of type 3 wetland The w*-’ jtd mitigation will be performed as part of a regional wetland restoration pi which is currently being planned by the District. • There are no borrow areas on either of the two sites. • The proposed wet detention ponds will be excavated during the winter months with either backhces or drag lines. Upland Soil Disposal Sites: Soil excavated from the South Katrina and Painter Marsh wet detention ponds will be land applied on three soil disposal sites which have recently been used as farmland. See enclosed letter applying for an MPCA State Disposal System Permit. Also see enclosed Wetland Delineation Report entitled Upland Soil Disposal Sites for Painter Creek Maintenance and Improvement Project (October 1996). The above referenced report documents wetland boundary ’s adjacent to the three soil disposal sites. VI. Project Purpose The project purpose is to restore the flood storage and water quality benefits of the Painter Creek Upper Watershed Improvement Project constructed in 1985. The original project was designed to reduce peak flows as follows: N 'j 0185'4>4.:2TAVORDVATCH.MNT OhlR South Katrina South Katrina Painter Marsh Painter Marsh Storm Event (Pre-project) (Post-project) (Pre-project) (Post-Project) I->T 10->T 100-yr 4,6 cfs 8.4 cfs 13.5 cfs 2.4 cfs 4.3 cfs 6.7 cfs 128 cfs 159 cfs 175 cfs 18.8 cfs 22.8 cfs 24.6 cfs It is estimated that the two project components provide approximately 500 acre feet of flood storage volume for a 100-year storm event. Detention times of over 2 days for a 1-year storm event provides significant water quality benetits. Due to blockages by sediment and debris, the existing structures are not providing any rate control at this time. Detention storage will be restored and water quality treatment enhanced by increasing the sediment and dead storage volume of the two ponds by a total of approximately 14 acre-feet. Outlet obstructions have consistently compromised performance of the existing ponds. Enlargement and deepening of the existing ponds will provide sufficient sediment storage volume and prevent future outlet obstructions. VII. Alternatives To maintain previously existing project benefits, work within the existing sedimentation basins and modification of the existing outlet structures is required and no alternatives exist. The detention and water quality benefits associated with the existing structure cannot be achieved in upland areas because of the very large storage volume (approximately 500 acre feet of storage in a 100-year event) provided by the e.xisting wetlands. IX. Adjoioiug Pi operty Owners Painter Marsh Site 36 02-117-24 22 0003 Gary L. & Sue E. Pettis 6200 Co. Rd. No. 26 Mound, MN 55364 .South Katrina Site 38 30-118-23 33 0004 Christopher L. Tillotson 7130 Kemare Dr. Bloomington, MN 55348 36 02-117-24 22 0004 Glenn M. Rye, et. al. 3713 Towiidale Dr. Bloomington, MN 55431 38 30-118-23 33 0005 J.F. & V.M. O'Neill 4680 Creekwood Trail Maple Plain, MN 55359 N \0II5\O4.:27\WORDVATCM5b!NT DNR X. Permits An archaeological reconnaissance survey was conducted by the Minnesota Historical Society in the vicinity of the South Katrina Marsh Project. The survey located human burial mounds adjacent to a portion of the proposed project. The project has been reduced somewhat to allow for a 50-foot setback from the construction limits as recommended by the State Archaeologist. The District believes, by taking the above actions, it has fully complied with Piles governing the recorded burial site. The District is not aware of any archaeological survey of the Painter Marsh site. N ^OII5^(M•i27^WORD^ATCH^!^^r DNR 1/ J Bonestroo Rosene ■ Anderlik & Associates Engineers & Architects Bonestroo ffos^ne An%3**fltK AtiOC<.«res tnc i$ jm c Act on iqi^ *>' ODPOrti/nffi fmofoye* pMs OfTO G Bonestroo Bf • Josepn C ArPe'-t-.k PS • M.*r. n L PS • riif»^e' PE • G'enr* P Cook P£ • Thciri/^s S NOv^*'* PE • ffobe'^t G Schun.cht Pfc • je^'t A B'ju'Jor^ PE • Pxioeft A Poient* PE .^inj Sus,«n V .,t>ef'*n CPA Senior Consulti«ntv Attp^ (4te P'rncip.-f^i Hov\.»fi3 A J PE • Ke fh A Gordon P£ • Retest P Pfeff?r«e PE • Ricn,<ro A *oste' PS • i’/«* uJ O l,os»tot.» PE • PoOert C Ru>sek A i A • A M.»nson PE • Miin**' T ^S • Teonkte'd ”£ • Hr''*'*‘itn » Anders.5?^ **S • V^fk R Po**s PE • Sijne» P A If krr' ,''' PE IS* PoPt '♦ ^ A o* ,**^ r*' Off*Cti St P«Ki! Rrxnester «*nd St Cloud V\ • Vleduo** A November 6, 1996 Mr. Michael P. Gaffron. Asst. Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bav, Minnesota 55.12? NOV X1996 Re: Minnehaha Creek Watershed District File No. 139-2193 Dear Mike, We have reviewed the construction plans for the proposed wet detention pond and outlet control structure for the South Katrina Marsh. The grading plan and construction details are acceptable from an engineering standpoint. We offer the following comments in regards to engineering issues for the conditional use permit. Several thousand cubic yards of excess matenal will be hauled from the site. The haul route from the site to the designated disposal areas will be Creekwood Trail (a private road) to Townline Road (a common boundary City road) and from there it is not known. A haul route map and construction schedule should be submitted to the City for approval prior to commencing with the work. The applicant should be responsible for cleaning the surface and/or repairing any paved street that becomes soiled or damaged due to the construction activities on this project. For safety reasons, in times of inclement weather or early thaw, the City should have the authority to stop all hauling activity on the project until such time that the City determine.-, necessary. Please contact me at this office if you have any questions regarding this matter. Yours very truly. BONESTROO. ROSENE, ANDERLIK & ASSOCIATES, INC. Shaw'n D. Gustafson, P.E. J 2335 West Highway 36 • St. Paul, MN 55113-3898 • 612-636-4600 Environmental Assessment Worksheet (EAW) Note To Preparers This worksheet is to be completed by the Responsible Governmental Unit (RGU) or its agents. The project proposer must supply any reasonably accessible data necessary for the worksheet, but is not to complete the final worksheet itself. If a complete answ er does not fit in the space allotted, attach additional sheets as necessary. For assistance with this worksheet contact the Minnesota Environmental Quality Board (EQB) at (612) 296-8253 or (toll-free) 1-800-652-9747 (ask operator for the EQB environmental review program) or consult "EAW Guidelines." a booklet available from the EQB. Note to Reviewers Comments must be submined to the RGU (see items 3) during the 30-day comment period following notice of the EAW in the EQB Monitor. (Contact the RGU or the EQB to learn when the comment period ends.) Comments should address the accuracy and completeness of the information, potential impacts that .nay warrant further investigation, and the need for an EIS. If the EAW has been prepared for the scoping of an EIS (see item 4), comments should address the accuracy and completeness of the information and suggest issues for investigation in the EIS. 1. Project Title 2. Proposer Painter Creek Project Minnehaha Creek Watershed District Contact Person Andrew Syverson Address > JL Phone 3. RGU Wenck Associates, Inc. 1800 Pioneer Creek Center P.O. Bok 428 Maple Plain, MN 55359 (612) 479-4200 Minnehaha Creek Watershed District . I • 4 * • * Contact Person Gene Strommen and Title District Director Address Phone Minnehaha Creek Watershed District Gray Greshwater Center, Navarre 2500 Shadywood Road, Suite 37 Excelsior, MN 55331 (612)471-0590 4. Reason for EAW Preparation [ ] EIS scoping [X] mandatory EAW [ ] citizen petition [ ] RGU discretion (] Proposed volunteered If EAW or EIS is mandatory give EQB rule category number(s) N»lljyM-::7\WonM>imi«.EAW.AES-ljv Page 1 of 14 Minn. Rules, pt. 4410.4300, subp. 27 6/26/96 5. Project Location / V The Painter Creek Project involves two separate project components. a. South Katrina Wet Detention Pond: NE */4 SW */4 Section 30 Township 118N Range 23 W County Hennepin Cit\/Township Orono b. Painter Marsh Wet Detention Pond: NW !/« NW V« Section _2_ Township 117N Range 24W County Hennepin CityTownship Minnetrista Attach copies of each of the following to the E.AW: a. a county map showing the general location of the project; b. copy(ies) of USGS 7.5 minute, 1:24,000 scale map (photocopy is OK) indicating the project boundaries: c. a site plan showing all significant project and natural features 6. Description Give a complete description of the proposed project and ancillary facilities (attach additional sheets as necessary). Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. The Painter Creek Project involves two separate project components designed to restore the flood storage capacity of the Painter Creek Upper Watershed Improvement Project constructed in 1985 and enhance water quality treatment by enlarging and deepening the existing basins at the South Katrina and Painter Marsh sites. South Katrina Wet Detention Pond: An existing wet detention pond will be expanded from approximately 0.18 acres to approximately 0.59 acres. County Ditch No. 10 (Painter Creek) runs through the pond and drains approximately 3,600 acres. The expanded pond area is all within DNR protected wetland 918W ( lype 3). Construction activities will include pond excavation and outlet structure modification. The project will have no significant effect on creek hydraulics and water levels will not be changed from those permitted as part of the 19®5 project. The creek will flow through an enlarged and deepened pond into a modified outlet structure and then through an orifice in the existing control structure. Construction is anticipated to start in the winter of 1996-1997 and be completed by mid-summer of 1997. Painter Marsh Wet Detention Pond: An existing wet detention pond will be expanded from approximately 0.74 acres to . r.^xnnately 2.15 acres. County Ditch No. 10 (Painter Creek) runs through the pond and drains appn *.. n* • / 7,800 acres. The expanded pond area is all within DNR protected wetland 923 W (Type 3). Consiru' i.cu activities will include pond excavation and outlet structure construction. Tree removal will occur in one area on the east side of the project. Many of the trees in this area have been cut down by beaver activity. The project will have no significant effect on creek hydraulics and water levels will not be changed from those permitted as part of the 1985 project. The creek will flow through an enlarged and deepened pond into a new outlet control structure where it will flow mound the existing control structure. Construction is anticipated to start in the winter of 1996-1997 and be complete by mid-summer of 1997 N ^llys04.22:^Wofd^Pamtef EAW.A£S-ljv Page 2 of 14 6/26/96 7. a. 8. Preside a 50 or fewer abstract for use in EQB Afoniior notice: The Painter Creek Project involvci ^vo separate project components designed to restore the flood storage capacitv' of the Painter Creek Upper Watershed Improvement Project constructed in 1985 and enhance water quality treatment by enlarging and deepening the existing basins at the South Katrina and Painter Marsh sites. Project Magnitude Data South Katrina Wet De ntion Pond: 1.26 acresTotal Project Area (acres) Number of Residential Units Unattached NA Attached Commercial/Industrial/Institutional Building Area (gross floor space) or Length (miles) NA NA. Total NA square feet: Indicate area of specific uses: NA Office. Retail NA.Manufacturing NA NA Warehouse NA Light Industrial NA Other Industrial Institutional___ Agricultural__ NA NA NA Other Commercial (specify)_ Building Height(s)_____NA NA b. Painter Marsh Wet Detention Pond: Total Project Area (acres) Number of Residential Units Unattached NA . 3.83 acres or Length (miles) NA Attached NA Commercial/IndustriaUInstitutional Building Area (gross floor space) Total NA square feet: Indicate area of specific uses: NA Office_______NA Retail______NA____________ Manufacturing NA Warehouse NA Light Industrial NA Other Industrial Institutional___ Agricultural__ NA NA NA Other Commercial (specify)_ Building Height(s) NA NA Permits and Approvals Required List all known local, state, andfederal permits, approvals, and funding required: a. South Katrina Wet Detention Pond: Unit of Government Type of Application Status MN Dept, of Natural Resources (DNR) Protected Waters Permit Permit application to be submitted in summer 1996 N >0ll5'O4-22:^Wof^Paja«f EAW.A£S*4v Page 3 of 14 6/26/96 9. U.S. Army Corps of Engineers (COE) MN Pollution Control Agency (MPCA) City of Orono Section 404 authorization Permit application to be under Regional General Permit submined in summer 1996 No. 1 State Disposal System Permit Conditional Use Permit Site specific informati-m to be sent to NfPCA to determine if permit is required Permit application to be submitted in summer 1996 b. Painter Marsh Wet Detention Pond : Unit of Government Type of Application Status MN Dept, of Natural Resources (DNR) U.S. Army Corps of Engineers (COE) MN Pollution Control Agency (MPCA) City of Minnetrista Protected Waters Permit Permit application to be submitted in summer 1996 Section 404 authorization Permit application to be under Regional General Permit submitted in summer 1996 No. 1 State Disposal System Permit E.xcavation and fill Permit Site specific information to be sent to MPCA to determine if permit is required Permit application to be submitted in summer 1996 Land Use Describe current and recent past land use and development of the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses: indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage tanks. a. South Katrina Wet Detention Pond : The site’s current land use is that of a wet detention pond abutted by a 104 acre DNR protected type 3 wetland. Hennepin County Ditch No. 10 runs through the wetland and the e.xisting and expanded wet detention pond. The existing wet detention pond will be expanded from 0.18 acres to 0.59 acres and is compatible with the existing land use. Adjacent parcels to the south and west contain low density single family homes. The wooded parcel to the north is undeveloped. No environmental hazards due to past land use are expected as the site has historically been a wetland. b. Painter Marsh Wet Detention Pond : The site’s current land use is that of a wet detention pond abutted by a 354 acre DNR pn. ected type 3 wetland. Hennepin County Ditch No. 10 runs through the wetland and the existing and expanded wet detention pond. The existing wet detention pond will be expanded from 0.74 acres to 2.15 acres and is compatible with the existing land use. Adjacent parcels to the south and west contain ttvo single-family homes and consist of pasture and agricultural land. No environmental hazards due to past land use are expected as the site has historically been a wetland. .V 'ail5«)4.;UTiW<w(f^imicf EAW.a£S-Ij*Page 4 of 14 6/26/96 10. Cover Types Estimate the acreage of the site with each of the following cover types before and after development (before and after totals should be equal): a. South Katrina W'et Detention Pond : b. Before After Before After Types 2 to 8 Urban/Suburban Lawn 0 acres 0 acres Wetlands 1.08 acres 0.67 acres Landscaping Wooded Forest 0 acres 0 acres Impervious Surface 0 acres 0 acres Brush/Grassland 0 acres 0 acres Wet detention pond 0.1 8 acres -Q.S9 acres 1.26 acres 1.26 acres Cropland 0 acres 0 acres Painter Marsh Wet Detention Pond: Before After Before .After Types 2 to 8 Urban/Suburban Lawn 0 acres 0 acres Wetlands 3.09 acres 1.68 acres Landscaping Wooded Forest 0 acres 0 acres Impervious Surface 0 acres 0 acres Brush/Grassland 0 acres 0 acres Wet detention pond 0.74 acres 2.15 acres 3.83 acres 3.83 acres Cropland 0 acres 0 acres 11. Fish, Wildlife, and Ecologically Sensitive Resources Describe fish and wildlife resoura on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. I. South Katrina Wet Detention Pond: There are no fish resources on-site. The site currently provides habitat for a variety of wetland wildlife. The expansion of the wet detention pond from 0.18 acres to 0.59 acres will enhance the diversity of the 104 acre type 3 wetland by providing deep water habitat. 2. Painter Marsh Wet Detention Pond : There are no fish resources on-site. The site currently provides habitat for a variety of wetland wildlife. The expansion of the wet detention pond from 0.74 acres to 2.15 acres will enhance the diversity of the 354 acre type 3 wetland by providing deep water habitat. Are there any state-listed endangered, threatened, or special-concern species; rare plant communities; colonial waterbird nesting colonies; native prairie or other rare habitat; or other sensitive ecological resources on or near the site? [ ] Yes [ ] No. If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. N »llf54.ur.W«,tfPuiw« EAW-AES-lj.Page 5 of 14 6/26/96 1. <^outh Katrina Wet Detention Pond : 13 Yes The Minnesota Natural Heritage databise was reviewed by the DNR to determine if any rare plant or animal species or other significant natural features are known to occur near the above referenced project, Several rare features in the vicinity of the project were identified, but none were located in the section containing the project site. Ellen B. Henegnan, Endangered Species Environmental Review Coodinator (DNR), concluded “Because of the magnitude of the proposed project and the locations of these rare features, it is not anticipated that there will be any effect on these features by the project.” The location a d type of rare features identified by the search are listed below. Location ^Township. Range. 1/4 1/4 Section) 118, 23,NWNE 19 118,23, SWSE 19 118, 23, SWSE 19 118, 23,NWNE 29 118, 23, SWSE 31 118, 23,SENW35 Element and Occurrence Number Maple-Basswood Forest (Bigwoods) #8 Maple-Basswood Forest (Bigwoods) *^110 Pana.x Quinquefolium (American Ginseng) ^^192 Colonial Waterbird Nesting Site (Great Blue Heron Nesting on Katrina Lake) #810 Maple-Basswood Forest (Bigwoods) #15 Maple-Basswood Forest (Bigwoods) #122 2. Painter Marsh Wet Detention Pond : E No The Minnesota Department of Natural Resources, Minnesota Namral Heritage database was reviewed to determine if any rare plant or animal species or other significant nrtural features are known to occur near the above referenced project. No rare features were identified in the vicinity of the above referenced project. 12. a. Physical Impacts on Water Resources Will the project involve the physical or hydrologic alteration (dredging, filling, stream diversion, outfall structure, diking, impoundment) of any surface water (lake, pond, wetland, stream, drainage ditch)? [ J Yes [ ] No. If yes, ideni^ the water resource to be affected and describe: the alteration, including the construction process; volumes of dredged or fill material: area affected; length of stream diversion; water surface area affected; timing and extent offuctuations in water surface elevations; spoils disposal sites; and proposed mitigation measures to minimize impacts. South Katrina Wet Detention Pond : S Yes The project involves excavation within DNR protected wetland 918W for the purpose of removing sediment from an existing wet detention pond and for enlarging and deepening the existing pond to enhance water quality treatment. The wet detention pond will be expanded from 0.18 acres to 0.59 acres. The outlet structure will also be modified to prevent blockages. The project does not restrict flow or change water levels from the original design for the 1985 Upper Watershed Improvement Project. The ponds will be excavated with backhoes or drag lines within a project easement area of 1.26 acres. .A total of 5,500 cubic yards of soil will be excavated and trucked off-site across a City of Orono easement to Creekwood Trail and then on Town Line Road to an upland disposal site to be determined later. b. Painter Marsh Wet Detention Pond : S Yes The project involves e.xcavation within DNR protected wetland 923W for the purpose of removing sediment from an existing wet detention pond and for enlarging and deepening the existing pond to enhance water quality treatment. The wet detention pond will be expanded from 0.74 acres to 2.15 acres. Page 6 of 14 6/26/96 b. c. 14. The outlet structure has been redesigned and w ill be reconstructed to prevent blockages. The project does not restrict flow or change water levels from the original design for the 1985 Upper Watershed Improvement Project. The ponds will be excavated with backhoes or drag lines within a project easement area of 3.83 acres. A total of 27,000 cubic yards of soil will be excavated and trucked off-site across an existing MCWD access easement to County Road 26 and then to an upland disposal site to be determined later. 13. Water Use iVill the project involve the installation or abandonment of any wells? [ ] Yes [X] No. For abandoned wells give the location and Unique well number. For new wells, or other previously unpermitted wells, gt:e ihe location and purpose of the wells and the Unique well number (if known). Will the project require an appropriation of ground water or surface water (including dewatering)? [] Yes [] No. If yes. indicate the source, quantity, duration, purpose of the appropriation and DNR water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation on ground water levels. 1. South Katrina Wet Detention Pond : E Yes No dewatering of groundwater is planned during construction as the excavation is anticipated to occur between December - February. However, temporary dewatering of groundwater from the excavation may be required. If dewatering is required it would occur during pond construction which is anticipated to last approximately one month. Temporary dewatering would have minimal impacts on groundwater levels. 2. Painter Marsh Wet Detenti’ n Pond : E Yes No dewatering of groundwater is planned during construction as the excavation is anticipated to occur betw een December - February. However, temporary dewatering of groundwater from the excavation may be required. If dew atering is required it would occur during pond construction which is anticipated to last approximately two months. Temporary dewatering would have minima! impacts on groundwater levels. Will the project require connection to a public water supply? [] Ties [X] No. If yes, identify the supply, the DNR water appropriation permit number of the supply, and the quantity to be used. Water-related Land Management Districts Does any part of the project site involve a shoreland zoning district, a delineated 1 00-year flood plain, or a state or federally designated wild or scenic river land use district? If yes. identify the district and discuss the compatibility of the project with the land use restrictions of the district. a. Smith Katrina Wet Detention Pond: A majority of the project area is regulated under the Shoreland Management Act. Statewide DNR shoreland standards apply to an area within 300 feet of the protected waters (Painter Creek) running through the site. The project is compatible with the land use restrictions as the restrictions apply to lot K^llf^ITTVWortfJ^ilntef EAW-AES-ljv Page 7 of 14 6/26/96 and structure development and no development is proposed. The project is almost entirely within the 100-year flood plain identified on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate maps. The project involves excavation and will therefore in no way reduce floodplain storage. Maintenance and modification of the existing outlet structure will allow the project to temporarily store flood waters within the South Katrina wetland as originally designed. b. Painter Marsh Wet Detention Pond: A majority of the project area is regulated under the Shoreland Management Act. Statewide DNR shoreland standards apply to an area within 300 feet of the protected waters (Painter Creek) running through the site. The project is compatible with the land use restrictions as the restrictions apply to lot and structure development and no development is proposed. The project is almost entirely within the 100-year flood plain identified on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate maps. The project involves e.xcavation and will therefore in no way reduce floodplain storage. Maintenance and modification of the existing outlet structure will allow the project to temporarily store flood waters within the Painter Marsh wetland as originally designed. 15. Water Surface Use Will the project ■ jnge the number or type of ^vatercraft on any water body? [ ] Yes [X] No. If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts wUh other users or fish and wildlife resources. 16. Soils Approximate depth (in feet) to: Groundwater: minimum average Bedrock: minimum average.Describe the soils on the site, giving SCS classification' not be attached.) ' mown. (SCS interpretations and soil boring logs need a. South Katrina Wet Detenti-- r*‘ud: 0 ft.0 .1 300 ft. Soils at the site are predominantly Glencoe silty clay loam (Gc) and Peaty muck over,loam (Pm), b. Painter Marsh Wet Detention Pond: 0^ ft.300 ft.3iiL_ft. Soils at the site are predominantly Glencoe silty clay loam (Gc) and Marsh (Ma). 17. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres:.______cubic yards. Describe any steep slopes or highly erodible soils and identify them on the site map. Describe the erosion and sedimentation measures to be used during and after construction of the project. N £aW.a£S-Ijv Page 8 of 14 6/26/96 a. -South Katrina Wet Detention Pond : Approximately 0.8 acres will be graded with approximately 5,500 cubic yards of soil excavated and removed from the site for pond construction. Glencoe silty clay loam and Peaty muck over loam soils are present at the site and the site grades are nearly flat. The hazard of erosion for these soils is slight. Grading and excavation will be done during the winter months to prevent erosion problems associated with the flowing creek. Temporary erosion control measures such as silt fence, hay bales and rock construction entrance will be used where applicable. Soils will be restabilized with seed and mulch. b. Painter Marsh Wet Detention Pond : Approximately . acres will be graded with appro.ximately 27,000 cubic yards of soil excavated and removed from the site for pond construction. Glencoe silt> clay loam Marsh soils are present at the site and the site grades are nearly flat. The hazard of erosion for these soils is slight. Grading and excavation will be done during the winter months to prevent erosion problems associated with the flowing creek. Temporary erosion control measures such as silt fence, hay bales and rock construction entrance will be used where applicable. Soils wi'l be restabilized with seed and mulch. 18. Water Quality - Surface Water Runoff a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and'or treat runoff. 1. South Katrina Wet Detention Pond : The project will not chrnge the quantity of site runoff. The quality of runoff discharged from the site will be improved due to enlargement and deepening of the existing pond. 2. Painter Marsh Wet Detention Pond : The project w ill not change the quantity' of site runoff The quality of runoff discharged from the site will be improved due to enlargement and deepening of the existing pond.; b. Id''ntify the route(s) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. (If the runoff may affect a lake consult "EA W Guidelines" about whether a nutrient budget analyses is needed). 1. South Katrina Wet Detention Pond : The receiving body for the site runoff is Painter Creek which runs through the existing pond. The quality' of runoff discharged from the site will be improved due to enlargement and deepending of the exising pond. 2. Painter Marsh Wet Detention Pond : The receiving body for the site runoff is Painter Creek which runs through the existing pond. The quality of runoff discharged from the site will be improved due to enlargement and deepending of the exising pond. N *OliyD4-:i7\Wofd‘Pnnter EAW-AES-ljv Page 9 of 14 6/26/96 19. Water Quality - Wastewaters a Describe sources, quantities, and composition (except for normal domestic sewage) of all sanitary and industrial wastewaters produced or treated at the site. b. c. a. b. Not applicable Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the project involves an-site treatment systems, discuss the suitability of the site conditions for such systems. Identify receiving waters (including ground water) and estimate the impact of the discharge on the quality of the receiving waters. (If the discharge may affect a lake consult "EAW Guidelines ” about whether nutrient budget analysis is needed.) Not applicable If wastes will be discharged into a sewer system or pretreatment system, identify the system and discuss the ability of the system to accept tht volume and composition of the wastes. Identify any improvements which will be necessan-. Not applicable 20. Ground Water • Potential for Contamination Approximate depth (in feet) to groundwater: 0 ft. minimum: 0 ft. a\-erage. Describe any of the following site hazard., to groundwater and also identify them on the site map: sinkholes: shalhw limestone format ions/karst conditions: soils with high infiltration rates: abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. Not applicable c. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating groundwater. Not applicable 21. Solid Wastes; Hazardous Wastes; Storage Tanks Describe the types, amounts, and compositions of solid or hazardous wastes to be generated, including animal manures, sludges and ashes. Identify the method and location of disposal. For projects generating municipal solid waste indicate if there will be a source separation plan; list type(s) and how the project will be modified to allow recycling. No solid or hazardous wastes will be generated by the project. Sediment will accumulate in the ponds and periodic removal and disposal of sediment off-site will be required. Indicate the number, location, size and use of any above or belowground tanks to be used for storage of petroleum products or other materials (except water). Not .Tnplicable N X)lI5 ^227\WofrfJ»iinUf EAW-AES-ljv Page 10 of 14 6/26/96 22. Traflic Parking spaces added__; Existing spaces (if project involves expansion)__,• Estimated Total Average Daily Traffic (ADT) generated ___,• Estimated maximum peak hour traffic generated (if known) and its timing ___. For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvemen's which will be necessary. Not applicable 23. Vehicle-related air emissions Provide an estimate of the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or mitigation measures on air quality impacts. (If the project involves 500 or more parking spaces, consult "EAW Guidelines" about whether a detailed air quality analysis is needed.) Not applicable 24. Stationary source air emissions (i'ill the project involve any stationary sources of air emissions (such as boilers or exhaust stacks)? [ ] Yes [X] So If yes. describe the sources, quantities, and composition of the emissions: the proposed air pollution control devices: the quantities and composition of the emissions after treatment: and the effects on air quality. 25. Will the project generate dust, odors, or noise during construction and/or operation? If yes, describe the sources, characteristics, duration, and quantities rr intensity, and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. a. South Katrina Wet Detention Pond: 0 Yes The project involves excavation and transponation off-site of approximately 5,500 cubic yards of soil. There may be some dust generated during construction by the above activity, however, project excavation is planned during the winter months when the surface soils are bound together with frost. In addition, nearly all the soils to be excavated will be moist or saturated with groundwater. Therefore, dust is not expected to be a significant problem. Typical constriction noise from heavy equipment and trucks is expected during construction of the project. There are six single-family residential homes south and west of the project site. The closest home is approximately 100 feet from the construction easement. The project is not e.xpected to be unusually noisy, however, construction may be on-going for approximately one month with site restoration activity occurring the following spring. Similar impacts, associated with operation and maintenance (sediment removal) will occur approximately every 5-10 years. b. Painter Marsh Wet Detention Pond: H Yes The project involves excavation and transportation off-site of approximately 27,000 cubic yards of soil. There ma^ be some dust generated during constoiction by the above activity, however, project excavation is planned during the winter months when the surface soils are bound together with frost. In addition, nearly all the soils to be excavated will be moist or saturated with groundwater. Therefore, dust is not e.xpected to be a significant problem. Typical construction noise from heavy equipment and trucks is expected during construction of the project. There are two single-family residential homes south and west of the project site. The closest home is approximately 200 feet from the construction easement. The N\01SS\<»-i:T\V»''ort'.P«nurEAW.AES-ljv 11 Of 14 6/26/96 2. project is not expected to be unusually noisy, howe\'er, construction may be on-going for approximately two months with cite restoration activity occurring the following spring. Similar impacts, associated with operation and maintenance (sediment removal) will occur approximately every 5-10 years. 26. Are any of (he following resources on or in proximity to the site: No a archeological, historical or architectural resources? b. prime or unique farmlands? c. designated parks, recreation areas, or traib? d scenic views and vistas? e. other unique resources? X If any items are answered Yes, describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. a. archeological, historical or architectural resources? d. scenic views and vistas? 1. ^niith Katrina Wet Detention Pond : The Minnesota Historical Society State Historic Preservation Office performed a search for the area of the project. Four sites were identified in the vicinity of the project. However only one of the sites was determined to be in the same quarter section as the project site. The four sites are listed below ; Site Name Katrina Island Townline Road Painter Creek Mounds Katrina Lake Overlook Type of Resource Prehistoric Site Prehistoric Site Cemetary Prehistoric & Historic The preliminary search determined that the Paii ter Creek Mounds arc in the vicinity of the South Katrina project. Confirmation of no impact will be obtained from the Minnesota Historical Society prior to project implementation. Painter Marsh Wet Detention Pond: The Minnesota Historical Society State Historic Preservation Office performed a search for the area of the project. No listed resources w ere identified in the vicinity of the project. 27. fVill the project create adverse visual impacts? (Examples include: glare from intense lights; lights visible in wilderness areas: and large visible plumes from cooling towers or exhaust stacks.) [ ] Yes [X] No. If yes, explain. 28. Compatibility with plans Is the project subject to an adopted local comprehensive land use plan or any other applicable land use, water or resource management plan of an local, regional, state, or federal agency? [X] Yes [ ] No If yes. identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved. If no. explain. Page 12 of 14 6/26/96N \0liy»04.227\WofrfP4ini«f EAW-AES-ljv 29. a. 32. Minnehaha Creek Watershed District (MCWT)) Water Resou.ces Management p|^n The Painter Creek Project is one of the capital improvement projects summarized in the Mav 1996 Water Resources Management Plan. The entire project site is within an existing MCWD easement. Impact on Infrastructure and Public Serv ices new or expanded utilities, roads, other infrastructure, or public services be required to serve the project'^ [ ] Yes [X] So. If yes. describe the new or additional infrastructure/services needed. (Any infrastructure that is a "connected action" with respect to the project must be assessed in the £Aff': see "LAW Guidelines" for details.) 30. Related Developments; Cumulative Impacts Are future stages of this development planned or likely? [ J Yes [X] So If yes. briefly describe future stages, their timing, and plans for environmental review. Is this project a subsequent stage of an earlier project? [X] Yes [ ] So If yes. briefly desenbe the past development, its timing, and any past environmental review. The Painter Creek project includes both maintenance and expansion of two parts of an earlier MCWD project completed in 1985 (Painter Creek Upper Watershed Improvement project). The proposed project consists of pond maintenance and expansion within existing ponding easements obtained for construction of the original project in 1985. Approval for the Painter Creek Upper Watershed Improvement project was obtained from the Department of Natural Resources (DNR). c. Is other development anticipated on adjacent lands or outlots ? [] Yes [X] So d. If a. b. or c were marked Yes, discuss any cumulative environmental impacts resulting from this project and the other development. The expansion of the original project will result in improved water quality treatment within the South Katrina and Painter Marsh ponds. The project will convert additional type 3 wetland into deep water habitat. 31. Other Potential Environmental Impacts If the project may cause any adverse environmental impacts which were not addressed by items I to 28. identify and discuss them here, along with any proposed mitigation. No other potential environmental impacts have been identified at this time. Summaiy' of Issues (This section need not be completed if the EA W is being done for EIS scoping: instead, address relevant issues in the draft Scoping Decision document which must accompany the EA W.) List any impacts and issues identified above that may require further investigation before the project IS commenced. Discuss any alternatives or mitigative measures that .may have been or may be consideredfor these impacts and issues, including those that have been or may be ordered as permit conditions. Confi.Tnation of no impact will be obtained from the Minnesota Historical Society prior to project implementation. N\0llSa4.1’7\Wo«f?*iiii»EAW.AE$-lj«Paee 13 of 14 6/26/96 r Certifications by the RGU (all 3 certifications must he signed for EQB acceptance of the EA Wfor publication of notice in the EQB Monitor A. I hereby certify that the informatio B. Signature rtiry mat me miormatioi]u®«nuuiea m mis cmined in this document is accurate to the best of my knowledge. I hereby certify that the project described in this EAW is the complete project and there are no other projects, project stages or project components, other than those described in this document, which are related to the project as "connectejl^tjons", or "phased actions," as defined, respectively, at Minn. Rules, pts. 4410.0200rsubp. 9b and subp. 6C) Signature C. I hereby certify that copies of the distribution Imty (JLU3d.Signature Title of signer Project Engineer Date. eted EAW are being sent to all points on the official EQB EAW N v01irW-2:7VWo«d ‘J»»iiutr.EAW.AES-lj»Page 14 of 14 6/26/96 ! i uPvM o«k; DATE I 6-27-96 K8w MINNEHAHA CREEK WATERSHED DISTRICT li^iWenck Wtock AaioclAUt. Iac. i600 PionMr Ctntar P.O. BOX 426 Env1ronm«nUl Cn4ln««n Moei« Ploin. UM 95359-0428 JUNE 1996 Generol Location Mop Figure 1 ^ 'VO / iTW. I i Sbr.’Uffl’ABVAS'su 8 8 UMII ^s5w*a* s_= I w 01 (n 0) PI M VO 00 00 mA CO o pi M (D CT ft cQ h*. 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I •> J Ml- • jV • ' »'f^ # • ./• /* >‘V'rv- ■ 7*. ’^•fK .< 'yy^P^^w^ T? mm m mM. # 4 ^0 / /V M, \ M t f ' i-.-vh:m "> - ■ ■oV TV'Or”'*« *v’.4'^'4 mm \ 'm v-fpP^P 1' •* ' j 1 flUSMIM ^: rA\r>:..- ti- K ' I« K i) i* ‘ W.’ ./ '• legal LI ^■'f:' rf‘[;p j MAP [: ' ' MPiLAf;, N . r :v ..»(a - ; |< Cl i f . lOULH r, AM) Sf Alf: lES and otliER SOURlE j.ptsa^-psar—V—_-^Ev»a . - hi-ai-••r.ii- HORI/OV DATE OF PHOTOGRAI Wmfew'llmW4 )^h miONO^ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1517_ _ _ _ _ _ A RESOLJTION SUPPORTING THE PETITION OF THE LAKE MINNETONKA CONSERVATION DISTRICT SUBMITTED TO THE BOARD OF MANAGERS IN JULY, 1975 TO CONSTRUCT AN UPPER WATERSHED STORAGE AND RETENTION PROJECT/CP-5 PAINTER CREEK WHEREAS, the City of Orono has always been concerned with excessive flooding and deteriorating water quality in the Painters Creek subwatershed including Lake Katrina and South Katrina areas; and WHEREAS, the Orono City Council has, since July, 1975, discussed at great lengths the proposed project as a result of the Lake Minnetonka Conservation District petition to the Minnehaha Creek Watershed District and is in full support of the proposed project; and WHEREAS, the governing board of the Lake Minnetonka Conservation District has submitted to the Board of Managers of the Minnehaha Creek Watershed District a petition requesting the construction of structures to enhance the retention and storage of storm water runoff in existing retention areas in the Painters Creek subwatershed of the upper drainage basin of Lake Minnetonka; and WHEREAS, the proposed project is consistent with the Minnehaha Creek Watershed District and the City of Orono's basic water management plan; and WHEREAS, the proposed upper watershed storage and retention project within the Painter Creek subwatershed will improve the water quality and provide flood control in the watershed area and Lake Minnetonka and other water bodies in the proposed watershed area; and WHEREAS, the petitioner proposes that the cost of the project be assessed against all taxable properties within the Minnehaha Creek Watershed District by the levy of a tax not to exceed one-third mill annually; and WHEREAS, the estimated cost of the improvement including engineering and administration costs will not exceed $444,120 in 1984 dollars. City of ORONO HEGITY^i?: RESOLUTION OF THE CITY COUNCIL NO. 1317_ _ _ _ _ NOW, THEREFORE, BE IT RESOLVED that the City of Orono supports the construction of an upper watershed storage and retention project/CP-5 Painter Creek. BE IT FURTHER RESOLVED that the Board of Managers of the Minnehaha Creek Watershed District approve the construction of the upper watershed and retention project/CP-5, Painter Creek, as referred to in the notice of public hearing dated July 27, 1983 estimated cost and proposed method of financing not to exceed $444,120 in 1984 dollars, to be assessed against all taxable properties within the Minnehaha Creek Watershed District by the levy of a tax not to exceed one-third mill annually. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held August 22, 1983. Attest; Alberta M. Strom, City Clerk w: • 612-2B2-2374 riH5 ShPQ S39 P03 JI.IN 2G *96 15:49 1DQIES0T4 STATE SXIE F1I2 rUld #: 94«S<26 Site •: 21 HE/^p. 2 rULDVOBi: UVtL or XMVE8TIGATIOH: infotment report auth«ncic3t:ion _XX r«cords review JSi survey eveluaclon/intensive tesri'ng field verifIcaclon excavetion/daCa recovery METHODS: ypi surface reconr«ftissauce: visibility ___ poor 22L surface eendltlona: f*Hcw pasture end wooded IttS. transect Interval(s); random fair moderate good shovel rests: number of positive tests trsnsact/grld Inccrval(a): screen mesh size: 1/8" 1/^ test dimensions; number of negative tests 1/2" other: provenience levels: excavation units; numoer excavated screen mesh slfe: 1/8" provenience levels; 1/^ dimensions 1/2 ocher soil probes: number of cores taken trsnsect/grld Interval(s); cova diamacer ADDITIONAL DESCRIPTION/OTHER TECSMIQUES: Please see the nccached Painter Creek Mounds Site map. archaeological CONTENT; (thtck ell that ara knoen to apply) find apoc _ _ surface artifact deposit li «ound/carthwork(8) - - structural remnantCs) subsurface artifact deposit _ petroglyph/piccograph between 1 and 1.5 feet. ESTIMATED SITE DIMENSIONS: Approximately 183 meters N/S and 92 mccera E/U SITE boundaries :ux\kno%rn; ^ subsurface Case results _ historical documantaclon estimated from: _ ourface artifact distribution copography/natural features ^ cultural feacuras . othaz: ESTIMATE OF SITE FUNCTION: _ seasonal activity . mining/qwiorrylns not determined manufacturing __ eomnercial habitation _ sacred place ___ governmental XX human burial tranaporcatlon __ military OTlilR/ADDITZONAL INFOHMATIOH j S 0 3*i'“d «:-t e-i vrcr6itCT9 0T:ST 966T/ST/TT 612-2S2-2374 flHS SHF'O G39 JUN 26 15:46 KIHliESOTA 8TATI SITE FILE Field #: 94-5-28 Site #; 21 p. 3 AI.C8AZOIJOGICAL TSADITION/?EEIOD(S): noc d«cen»lned; Prehieterlc Archaic Early Prehistoric XX Woodland Middle Prehistoric _ _ Early Woodland Late Prehistoric _ _Middle Woodland Paleoindlan _ _ Late Woodland Initial Woodland Temlnal Woodland Oneoca/Hlsslsslpplan Middle Missouri/Plains Vlllafe Historic CULTDIAL AFFILIATIOMCSI: (eg., 'SigckCuck-) Not determined ETHNIC AFFIL1AT20K(S)not daterained EuroAocrican Dakota Ojibva XX Native American (tribal affiliation undeterained) ESTIMATED ACE/IASIS FOR ESTIMATE: The estimated age of the site is betveeci 3000 B.P. and 250 B.P. based on suspected presence of mounds. ESTIMATE OF RESEARCH POTENTIAL: !iot determined. artifacts REC07ERED: (describe types/quantum; attacn eccoeelsn U.t) Not»e rnenrilT caNDITlOM OP SITE: (lointiry specific eourcee of oieturbanc®, if eny) "ca™ rpartl.uV within a fallow pa.ourn and prlaarily wtchin, -hat appaara to b.. an undUturbad voodad oo cotloo.tl.n p.p.r, docokentatiom niHCIPAl. INVRSTICATOR: David Mathet FIELD DIRECTOR/CREW: LeRoy Gonsolr. Thor Olmanaon, Us Peterson, & Kent Skaar IHSTItOTIOH*I./AeEBeY/BUSIires8 AFFILIATIOS; Minnesota Historical Society (THCRT) n»Poa. or IHwaatIcaTION: Archaeological r.co.maiss.n=e survey for ch, proposed reconstruction of T.H. 12. Including several alternate . project NAME/MOMBER: THCRP. MnDOT S.P.# 2713 & 8602. T.H. 12 dates OF FIELDWORK: December 1 & 9, 199^ PREVIOUS PUBLISHED REFERENCES TO SITE: None known State Site File PREVIOUS UNPUBUS^D^REPERENCES Alford CLO 3urveyA*T65 composites OTHER/COMFLETB citation : Hone known ro 3?'“d ;oi3H rcr6ircT9 0T:ST 966T/£T/TT fel2-262-23?4 MHS 5HP0 639 FGS JUN 26 *06 15!50 XIMMESOXA STATE SITE PILE Field #; 94.5-28 Sice #: 2X HE//‘»'p. 4 CUfaiEHT FROJtCT/MSEARCH REPOET CITATION; (January 1995) Nathet, David ec al. Wiaa* I Culturml Rmsouzces JJeconnalaaance Survey Report: Hrx/DCT S.P. 2713 & 8602 AlternM^e Conscrvceion Corridors for Recons truce Lon of T.H. 12 From Vsyrsta co Honcrose, Hennepin d aright Cauneles. Trunk Highway Cultural Resource*; Prograo. Hinnesoca Historical Society. Suboltced to the Klnneaota Department of Tranaporcatlon, st. Paul. REPOSITORIES: artifacts: None field notes/photos; MHS (THCRP ACCESSICa *CS): None PHOTO #(S): 94.a-A-A-eeeTte Ektachrooe 94.******** tMAX LICENSE/PEIMZT NUMBERS: (as applicable) State license #: 94-10 ARPA perait #/l88ulng agency; Other pensit/contracc #/lssulng agency: MnDOT Agreement »714S1, Work Order #14 SOIL PROFILE: -rratu. describe eoil, and indicate horn Cultcrel oepoelt relates to atretlaraphy; attach*iddl?iooff^?heete'if ros-orcn ideotlfied acre ther. one distinct profile.) natural fitraca cultural strata INPORNAHTS: (na»o, addroai, pl>ona) Hone known PRIVATE COLLECTIONS: (naae, address, phone) None known SO 3^'^d 0T:ST 366T/ST/TT 612-262-2374 mS SHPO 839 PQS JLW 26. '96 15:50 MIHHESOIA STATE SITE FILE lUld #; 94-5-2S Sit« n HE//^p. 5 attachkents B2QUIEED AT TIME OF SUBMITTAL TO THE STATE ARCHAEOLOCISTS OFFICE: 1. ) OEIGIKAL FORM AKD TUB FOLLDWISO ATTACHMENTS: copy Of quad aap ««ction with site area wrlined In rad - sketch/photocopy of diagnostic arclfaecs _ large-scale (eg.. 1" - 30n/100') sUa area nap - 2. ) ONE additional COPY OP COMFUtTED SITE FORM AND ATTACHMENTS 3. ) TVO ADDITIONAL COflES OF QUAD KAP SECTION NIIH SITE AREA OOTLIHED IN »IB Provid. ACCESSION LIST .nd COPT OP PROJECT/EESEARCH REPORT If «,«r.nclT o.h.™U. submit whan coopleted. Attacbsd Attached ACcached SDIMITTED BY: Stacy Allan DATE SUBMITTED; January 1995 INSTITUTION/AGENCY/COMFANT: Hirmeaeta Historical Society (THCRP) address /phone : Fort SnelUng History Center. St. Paul. MN 53111; (612) 726-1171 For SAO U«e Only Data Recorded (SAO)Recorded By 90 3^>“d iC'tOi'i C^.3t ’8it’3T9 0T:9T 988T/8T./IT 612-282-237*3 SHPO 639 P07 JUN 2S '96 15:5C MINireSOTA STATE SITE FILE n«ld #: 9A'S-28 Site #: 21 HE/^p. 6 COMPLIANCE DATA (Co«pltt« ii •it® durinQ coepli*nce*ori#nt®d actlvitlM) REFIEVEO URDBE: SECTIOM 106, lUTIONAL HISTOEIC PRESERVATION ACT Reeponslble agency(s): Federel Highway Ad»tnlstraclon/Mlnnesota Departnent of Transportation Report subnitted to SHPO (date) : 1994 - THCRP December Monthly Report and Final Projwct Report SHPO Ref. #: Not yet assigned Researcher's recomniendecloni This possible mound group, the Painter Creelt Mounds site, l3 located within the potentially effected project area of both altemeta B end alternate K north, for the proposed reconstruction of T.H. 12. It is therefor# recooncnded chat authenclcetion of the suspected mound* be conducted by the Office of the State Archaeologist and the Minnesota Indian Affairs Council at the discretion of chose agencies. SHPO determlnecion (date):no effect no adveree effect eondiclonal no adverse effect further infomerion/avaluatlon needed other: NRHP atatus:XX unevaluaced determined eligible evaluated (date): determined ineligible submitted (date)'.lleted (date): Comprehensive Plan Context: (refer to Ust in eanuai for context titles and Oofinitions) AIRFA Coordination initiated (data) : ' ' MW 8TATDTES, CHAP. 138; SOBD. 138.31 • Rwponsibl. «g.My(.)/g»ven».nt unit; D.p.ro..« of Tr.n.pot«tlon Infonuclon £oiv«r<le4 to (daco): KN STATUTES, CHAP. 307.08 Responsible agency(*)/govemmencal unit (if any): Coordination initiated: (to be coepi®t.d by sao ) MIAC RGU OTHER: (provtOe reference «nd describe coordination) ZO •IC't Gi'i rcri;.zr;T9 0T:5T 9e.6T/ST/TT Q 1996 ®*^OFORONO REQUEST FOR COUNCIL ACTION DATE: December 5, 1996 ITEM NO.: Department Approval: Name Michael P. Gaffron Title Assistant Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2197 John O’Sullivan, 2380 Shadywood Road - Vacation of Navarre _________________Lane - Resolution___________________________________________ Pertinent Ordinance Section 10.12 - Vacation of streets, alley and public grounds. Lbt of Exhibits A - Resolution - Conditional Agreement to Vacate Portions of Navarre Lane B - Planning Commission Action Notice 11/25/96 C - Letters from Hennepin County Transportation Department and Minnegasco D - Memo and Exhibits of 11/14/96 Please review the memo and exhibits of November 14. Briefly, John O’Sullivan requests a vacation of the west half of Navarre Lane adjacent to the church property between Shadywood Road and Olive Avenue. Vacation of the 33 ’ adjacent to the Culver ’s site (O’Sullivan’s Phase I) was conceptually approved by the Council in early 1996. and at that time it was suggested that the City also proceed to vacate the remainder of Navarre Lane up to Olive Avenue. In April 1996 Planning Commission recommended approval for vacati^^n of the remainder. On May 13, 1996, Council unexpectedly rejected the idea of the full vacation, indicating the right- of-way should be retained for possible future pedestrian or bike trail needs. The current request is that the Council again consider such a vacation. Public Purposes Served by Existing Right-of-Way Staff has identified five public purposes served by the existing right-of-way proposed to be vacated: 1. City sewer lines. 2. City water lines. 3. Lf.S. West telephone lines. 4. Minnegasco gas lines. 5. Potential pedcstrian/bike access between Olive Avenue and County Road 15/19 intersection. Public Purposes Satisfied by Easements The first four purposes can be readily accomplished via the granting of permanent utilities and access easements, which is acceptable to the City as well as to the utilities. The bike/pedestrian access has been the subject of discussion by both the Park Commission and Planning Request for Council Action continued Page 2 December 5. 1996 Zoning File it 2197 John O'Sullivan. 2380 Shadvwood Road - Vacation of Navarre Lane Commission, as well as a discussion on December 5 including the property owners, the City- Engineer. staff, and members of the Park Commission, at the site. Both the Park Commission and Planning Commission agree, as does staff, that the provision of pedestrian and bicycle access can be adequately ser\ed by appropriate easements. Therefore, any vacation approxal should be conditioned on the property owner also granting a trail easement in addition to the necessary utilities, drainage and access easements. Howexer, it has also been start's position, and both Park and Planning Commissions agree, that the result of a vacation is that the City gives up a significant degree of control over use of the property, and therefore it is not unreasonable to require certain concessions of the benefitting property oxvner to mitigate that loss of control and the resulting limitations on public use. The City suffers by only retaining an easement. This therefore provides a basis for requiring that the property oxvner xvill construct and maintain pedestrian and bicycle access through the property. Applicant's Initial Proposal Applicant originally proposed no access be provided in the current location of Navarre Lane, xvith applicant providing a 6' sidexvalLIjike path along the northxvesterly boundary of the property between Olive Avenue and Shadyxvood Road. Staff Recommended Route Start' and the City Engineer have taken the position that a pedestrian/bike pathxvay should be constructed xxithin the right-of-xvay of Navarre Lane, xvhich xvould consist of a long ramp sloping up from Olixe Avenue to the level of the parking lots. The median betxvcen the Culver ’s parking lot and the bank parking lot xvould be xvidened to accommodate a pedestrian/bike path, xvhich xvould outlet near the County Road 15/19 intersection. Applicant notes that xvhile this xvould shift his development further north, the amount of fill required to create such a ramp xvould be expensive, and xvould likely encroach the area of Navarre Lane in xvhich he proposes to expand the stormxvater pond to meet MCWD requirements. Staff notes that the pathxvay could be depressed betxveen the txvo parking lots, loxverinc it to reduce the fill impacts. Park Commission Comments The Park Commission conclusion is detailed in the November 14 memo. Brierty, Park Commission generally felt that the most appropriate corridor for a pathxvay xvould be along the existing Navarre Lane route. Request for Council Action continued Page 3 December 5. 1996 Zoning File # 2197 John O'Sullivan, 2380 Shadywood Road - Vacation of Navarre Lane Planning Commission Comments Planning Commission suggested that the vacation be conditioned on a trail corridor being reserv'ed at a location acceptable to the City. Planning Commission indicated they would prefer a central location between the two sites but indicated that should be further analyzed by staff, applicant and Council. Planning Commission also s> gested that as part of the development of the church site the applicant be required to submi trail grading and constaiction plan to be approved by the Park Commission and City Engii ecr, and that applicant shall grade the site accordingly to accommodate future paving of a trail. Alternative Plan Suggested by Applicant Applicant has proposed an alternative plan that addresses a number of the concerns expressed by staff and the Planning and Park Commissions. This plan includes the following: 1. Construction of a bike path along the northwest property line as originally proposed. Construction of a stairway leading from the lower level of Navarre Lane up to the parking lot median. 3.Widening the parking lot median to 10' to accommodate pedestrian traffic without confiict from parked cars. 4. Paving of a lower level sidewalk from the stairway to Olive Avenue. This alternative proposal provides for the most logical and direct pedestrian access to the neighborhood areas along Navarre Lane, and provides bicycle access to the north, without resulting in the negative impacts that a ramp in Navarre Lane would have on applicant's proposed site planning. The nature and construction of the proposed stairway has not been determined, but needs to be subject to City approval. The City Engineer has indicated that while this stairway must meet specific safety standards, it is probably not subject to ADA regulations. A staff review of the ADA regulations suggests t'at because this stairway does not provide access from, for instance, a lower parking area to a higher parking area, and because it is not directly linking two buildings or facilities, it likely is not subject to current ADA standards. Mr. O'Sullivan has indicated he has an obligation to the neighborhood to provide pedestrian access to the restaurant and convenience store, and he feels this compromise proposal is a reasonable solution. Request for Council Action continued Page 4 December 5, 1996 Zoning File # 2197 John O'Sullivan, 2380 Shadywood Road - Vacation of Navarre Lane Partial N'acation Recommended The public hearing notice included a legal description which would also include vacation of the easterly half of Navarre Lane that, if vacated, would re\ert to the Lafayette Ridge Homeowners Association (if/when they regain ownership of their wetland outlot). However, it is apparent from recent discussions between staff and the applicant that the City may wish to retain that 33' of right-of-way for trail purposes, rather than involve the Lafayette Ridge Homeowners in an easement situation. Since the Lafayette Ridge Homeowners have not requested the vacation, and because the City would require them to grant specific easements, it seems most appropriate at this time to not vacate this easterly segment of Navarre Lane. Therefore. ste'Y is recommending that only the west half of Navarre Lane be considered for vacation at this time. Staff Recommendation Based on stalTs review and the contments of the Park Commission, Planning Commission. City Engineer and the applicants, stall has drafted a resolution % ia which the City agrees to vaeate (but does not yet formally vacate) the west half of Navaite Lane between County Road 19 and Olive Avenue, subject to a number of conditions: 1. 2. 3. The City will formally vacate Navarre Lane at the time development of the site is commenced. (This condition eliminates the City's risk of this developer choosing to not develop the site after vacation is already complete, in which case the City would not have the ability to link the vacation to a specific site development plan) This agreement to complete the vacation may be more formalized, if necessary, in the form of a Developer ’s Agreement or other format acceptable to the applicant and the City Attorney. In conjunction with applicant's development of the property located at 2380 Shadywood Road, applicant agrees to construct the following facilities: a. b. c. A 6' sidewalkT)ike path near the northwest boundary of the property, linking Olive Avenue and Shadywood Road. A pedestrian stairway at the northerly end of the median between the Culver ’s parking lot and the proposed bank parking lot. A widening of said median to a minimum width of 10' to accommodate 2’ vehicle overhang on each side as well as a 6' pedestrian walkway. Request for Council Action continued Page 5 December 5, 1996 Zoning File U 2197 John O'Sullivan, 2380 Shadywood Road - V^acation of Navarre Lane d. A paved walkway leading from the base of the stairway to Olive Avenue. 4.The exact location and design of the items identified in Condition #3 shall be subject to review by the City Engineer and approval by the City Council. 5.Applicant shall grant a utilities, access, drainage and trail easement over the portion of Na\ arrc Lane to be vacated. 6.Applicant shall grant to the City a 10' easement for future trail purposes along the northeasterly boundary of the 2380 Shadywood Road property adjacent to Olive Avenue. 7.Applicant shall grant to the City a 10' wide trail easement centered on the centerline of the sidewallo'bike path to be located near the northwesterly boundaiy of the 2380 Shadywood Road property. 8.Applicant shall grant to the City a trail easement o\ er the portion of pedestrian pathway located within the portion of Naxarre Lane that was previously vacated. 9.Although the City is being granted trail easements oxer the pedestrian and bike pathxvays. those pathxxays. stairways and bike trails xvithin applicant's property boundaries shall be maintained by the property oxvner. not by the City. It is the City's intent that all upkeep, maintenance and snoxv removal activity xvill be the responsibility of the property oxvner, not of the City. 10. Applicant shall legally combine the vacated portions of right-of-xvay xvith the adjacent church property. 11.Applicant shall be responsible for executing the appropriate drainage, utility, access and pedestriaaTiike trail easements as noted above. Such easements shall be filed at the time the xacation resolution is filed bv the Citv Attorney ’s Office. OPTIONS FOR /. -TION 1. ^. 3. 4. 5. 6. Adopt "agreement to vacate" resolution as drafted. Adopt the resolution xvith revised conditions. Direct staff to draft a resolution to actually vacate Navarre Lane xvithout conditions regarding the pathxvays/stairs/bike trails. Table for further discussion (define reasons). Deny the vacation. Other. Request for Council Action continued Page 6 December 5, 1996 Zoning File # 2197 John O'Sullivan, 2380 Shadywo"k! Road - Vacation of Navarre Lane COUNCIL ACTION REQUESTED: Adopt the attached resolution conditionally agreeing to a future vacation of Navarre Lane, or direct staff otherwise. A RESOLUTION AGREEING TO THE FUTURE VACATION OF AN UNUSED PORTION OF NAVARRE LANE IN SECTION 17, TOWNSHIP 117 NORTH, RANGE 23 WEST IN THE CITY' OF ORONO, MINNESOTA FILE NO. 2197 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota, and WHEREAS, on October 25, 1996, John O'Sullivan (hereinafter the "applicant") in conjunction with North Central Conservative Baptist Association filed a petition with the City of Orono requesting the vacation of a portion of Navarre Lane in Hennepin County, Minnesota, legally described as follows Beginning at the most easterly corner of Lot 21, "Wiley's Navarre Addition, Lake Minnetonka", thence southeasterly along the northeasterly line of said Lot 21 extended to a point 33 0 feet northwesterly from the northwesterly line of Outlot C, "Lafayette Ridge", as measured perpendicularly from said northwesterly line, thence southwesterly parallel to the northwesterly line of said Outlot C to the most northerly corner of Tract A, Registered Land Sur.ey No. 1433, thence southwesterly to a point on the northwesterly line of said Tract A, 253.03 feet southwesterly of the most northerly comer of said Tract A; thence North 31 degrees 52 minutes 41 seconds West a distance of 43.82 feet more or less to a point on the southeasterly line of Lot 5, Block 3, "Townsite of Langdon Park", thence northeasterly along the southeasterly line of said Lot 5, Block 3 to the most easterly corner of said Lot 5, Block 3, thence southeasterly along the southwesterly line of Lot 22, "Wiley's Navarre Addition, Lake Minnetonka" to the most southerly point of said Lot 22; thence northeasterly along the southeasterly lines of Lots 22 and 21, "Wiley's Navarre Addition, Lake Minnetonka" to the point of beginning; and WHEREAS, after due published and posted notice, a public hearing was held before the Orono Planning Commission on November 18, 1996, regarding said vacation and all interested persons were given an opportunity to be heard, and Page 1 of 4W WHEREAS, after due standing and consideration, the Planning Commission recommended conditional approval of the requested vacation, and the City Council of the City of Orono finds that said vacation, as proposed and with suitable conditions, is in keeping with the public interest in consideration of the following findings: 1 The vacation will not affect access to or use of any adjoining propeny. 2. The City has not and does not intend to develop, improve or use the dedicated right-of-way as a road except for utilities, drainage, access and trail purposes hereinafter described 3.The unimproved dedicated right-of-way as it currently exists serves no public purposes which cannot be satisfied via the use of easements. NOW, THEREFORE, BE IT RESOLVTD, that the petition of John O’Sullivan and North Central Conservative Baptist Association is conditionally approved and that the City hereby agrees to take formal action to vacate said portion of Navarre Lane subject to the following conditions 1. The City will formally vacate Nava’-re Lane at the time development of the adjacent 2380 Shadyvvood Road site is commenced by the applicant. 2. 'I his agreement to complete the vacation may be more formalized, if necessary, in the form of a Developer's Agreement or other format acceptable to the applicant and the City Attorney. 3. In conjunction with applicant’s development of the property located at 2380 Shadywood Road, applicant agrees to construct the following facilities: a. A 6' sidewalk^ike path near the northwest boundary of the property, linking Olive Avenue and Shadywood Road. b. A pedestrian stairway at the northerly end of the median between the Culver’s parking lot and the proposed bank parking lot Pace 2 of 4 5. A widening of said median to a minimum width of 10' to accommodate 2’ vehicle overhang on each side as well as a 6’ pedestrian walkvvay. A paved walkway leading from the base of the stair\vay to Olive Avenue The exact location and design of the items identified in Condition #3 shall be subject to review by the City Engineer and approval by the City Council. Applicant shall grant a utilities, access, drainage and trail easement portion of Navarre Lane to be vacated over the Applicant shall grant to the City a 10’ easement for future trail purposes along the northeasterly boundary- of the 2380 Shady-wood Road property adjacent to Olive Avenue Applicant shall grant to the City a 10' wide trail easement centered on the centerline of the sidewallJbike path to be located near the northwesterly boundary of the 2380 Shady-wood Road property Applicant shall grant to the City a trail easement over the portion of pedestrian pathway located within the portion of Navarre Lane that was previously vacated. Although the City is being granted trail easements over the pedestrian and bike pathways, those pathways, stairways and bike trails within applicant's property boundaries shall be maintained by the property owner, not by the City. It is the City's intent that all upkeep, maintenance and snow removal activity will be the responsibility of the property owner, not of the City. Applicant shall legally combine the vacated portions of right-of-way with the adjacent 2380 Shady-wood Road property. Applicant shall be responsible for executing the appropriate drainage, utility, access and pedestriaa^ike trail easements as noted above. Such easements shall be filed at the time the vacation resolution is filed by the City- Attorney's Office Paee 3 of 4 cm’ OF ORONO P.O. Bo* 66 Costal Bay, MN 55323 473-7357 ZONING FILE #2197 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 25, 1996 TO: John O’Sullivan 2420 Shadvwood Road Navarre, MN 55392 COPIES:North Central CBA 7260 University Avenue NE Suite 110 Fridley, MN 55432 Attn: Dan Clausen TYPE OF APPLICATION:Street Vacation DATE OF MEETING:11/18/96 VOTE: 5 FOR 0 AGAINST Planning Commission recommends the following; Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Applicants shall legally combine vacated portions of right-of-way with their respective properties. All property owners benefitting from the proposed vacation shall be responsible for executing the appropriate drainage, utility, access and pedestrian/bike trail easements over the portions of right-of-way to be vacated. Such easements shall be filed at the time the vacation resolution is filed by the City Attorney's office. As part of applicant's Phase 2 site planning, a trail corridor shall be reserved at a location acceptable to the City. Planning Commission would prefer a central location between the two sites but that is subject to further analysis by staff, applicant and Council As part of the development of the church site, applicant shall submit a trail grading and construction plan to be approved by the Park Commission and City Engineer, and shall grade the site accordingly to accommodate future pavement of a trail. Applicant's next scheduled meeting is confirmed as Monday, December 9, 1996; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. City staff will be pleased to meet with you to further discuss any trail/sidewalk plan you are developing to present to the City Council. H/finnegasco A NoftAm E nergy company >t -18 '<>U November 14, 1996 Michael P. Gaffron Assistant Planning & Zoning Administrator City of Orono 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN. 55323 RE: Street Vacation of Navarre Lane Dear Mr. Grafton: With reference to the proposed street vacation mentioned above, Minnegasco does have an existing natural gas main in that portion of Navarre Lane proposed to be vacated as shown on the plan you forwarded. Since this gas main is an important part of our distribution system for this area, and is the on gas main serving the area to the Northeast, we must strongly object to this proposed vacation unless suitable easement rights are reserved to Minnegasco, pursuant to MSA 160.29. Please reserve an easement to Minnegasco, created by within the document establishing the street vacation filed with the Hennepin County recorders office, over Westerly 20.00 feet, except that part lying within building line of the existing church, of that part Navarre Lane proposed to be vacated. and and the the of Thank you for the advance notice and please send me a copy of the "final action" of this proposal. Sincerely, Steven Von Bargen Real Estate Specialist Minnegasco pc: R. J. Pilon, Minnegasco Howie Jensen, Minnegasco NOV 1 5 ?’ ‘ 700 UVsf Un0t ‘n A mmum * Ho. B«»\ I • rO'-13-19?6 13 = 07 FFOt HEt»l 'ITV RJBLlC MOR S 94730310 P.02 r u pin County ^ An E^udl Opponumr\* Emplover J j riiio M Pv.*^rv.v, ( u-uiitv AJir-.i.iMr Uwr November 18, 199S Mike Gaffron Asst. Planning and Zoning Administrator City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay, HN 55523 Re: Grace Church Site (File ^=2198) Mika: Thank you for the opportunity to review the prooosed redevelopment at the above noted site in the northeast quadrant of County State Aid Highways (CSAHs) 15 and 19. Although Hennepin County would much prefer the southerly driveway be further from the intersection, the unusual site configuration makes the proposed location understandable, and therefore is acceptable. Please keep in mind that the existing southerly driveway on CSAH 19 must be removed when the new cnes are constructed. It is also noted that the existing right of way along CSAH 19, along this frontage, is not adequate for any future "bike/hike" trail, as proposed on both city and county plans. Since this Is primarily a "site plan" review, additional right of way dedication may not be possible, but a wider boulevard/set-back might be appropriate. Finally, vacating Navarre Lane may be appropriate but the westerly limit should be carefully deterfrined. Retention of some of this area could be used for a free right turn Ians or northbound taper if the CSAH 15/19 intersection is revised at some future date. Again, thanks for the timely inquiry and please call Dave Zetterstom (930- 2548) with any questions/ discussion. Sincerely, Thomas D. Jdhnson, P.E. Transportation Planning Engineer TDJ:DKZ:jh Department of Public Works cc: Dave Zetterstrom Jerry Smrcka 320 Washington .A\ enue South Hopkins. .Klinnesota 55343'S496 (612)930-2500 F.AX:(612)930-2513 TDD:(612)930-2696 Pape TOThL P.02 rO.'-18-1996. 13:0? FPOri HEtm -ITT FUELIC I-ICFJ S TO 94730310 P.Ol • Hennepin County I Department of Public WruVe /Department of Public Works 320 Washington Avenue South Hopkins, Minnesota 55343-6496 (612)930-2500 PAX:(612)930-2513 7DD;(6l2)930-2696 FAX COVER PAGE DATE; TO:NAME /1\ IKJ~- COMPANY NAME: FW NUMBER: - OS'/ O FnCM; NAME: PHONS NUMSEH: 9<n - Z NUMccR O?^ PAGrS INCLUDING COVER: COMMEiNfTS; Hennepin County An Equal Opportunity Employer Page 1 I ^ To:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator From: Date: Michael P. Gaftron. Assistant Planning & Zoning Administrator November 14, 1996 Subject:#2197 John O'Sullivan, 2380/2420 Shadywood Road - Vacation of Portion of Navarre Lane - Public Hearing Pertinent Ordinance Section 10.12 - Vacation of streets, alleys and public grounds. List of Exhibits A - Application B C D E F G H I J Legal Notice Plat Map Certificate of Mailing/Property Owners List Location Map Zoning Code Section 10.12 Letter from US West Communications Letter from North Central CBA existing Site Plan/Proposed Site Plan Staff Sketches: Pedestriaa/Bike Path Options / Street Vacation Request Applicant proposes a vacation of the portions of Navarre Lane between County Road 19 and Olive Avenue which were not vacated earlier this year. Vacation of the 33' adjacent to the Culver's site (Phase 1) was approved by the Council in May 1996, but at that time Council rejected the idea of a full vacation, based on a desire to maintain potential access via the remaining unimproved/unused right-of-way. Council indicated the right-of-way should be retained for possible future pedestrian or bike trail needs. Applicant has provided the City with the necessary drainage and utility easements over the portion of right-of-way that was vacated. If the City' agrees to vacating the remainder, the City will require applicant to provide not only drainage and utility easements over the remainder, but also a trail easement somewhere on the property, of a width and location acceptable to the City. Necessary’ Findings for Vacation In order to recommend approval of the vacation of public right-of-way. Planning Commission should be able to make the following findings: Zoning File #2197 November 14, 1996 Page 2 1. The vacation is in keeping with the public interest. 2. The vacation does not affect access to or use of any adjoining property. 3. The Cit>- has not and does not intend to develop, improve or use the dedicated right-of-way as a road except for utilities and access purposes. 4. The unimproved dedicated right-of-way as it exists serves no public purpose. The three property owners abutting the proposed right-of-way to be vacated are John O’Sullivan, et al; North Central Conservative Baptist Association; and the Lafayette Ridge Homeowners Association (reconveyance pending). Since O'Sullivan and North Central CBA have petitioned fo»’ this vacation, they constitute a majority of the abutting landowners and therefore the v acation could be approved by a simple majo'”‘ty vote of the City Council. Public Purposes Served by Existing Right-of-Way 1. Staff has identified five public purposes served by the existing right-of-way proposed to be vacated: City sewer lines. City water lines. US West telephone lines. Minneeasco eas lines. Potential pedestrian^ike access between Olive Avenue and the County Road 15/19 intersection. 3. 4. 5. The first four public purposes can be suitably accomplished via the granting of permanent utilities and access easements by the property owners receiving the vacated property. Such easements would grant to the public the right to install and maintain public utilities within the vacated portions of right-of-way. The fifth public purpose is not necessarily as easy to resolve. WTien this same vacation proposal was before the Council in May, Councilmember Kelley questioned whether the City might need tliis remaining portion of Navarre Lane for future pedestrian walkways or bikeways. Because such a use has a significant impact on, and is impacted by, the topography of the site, the applicant's intended use of the property might be affected.. Potential Pedestrian/Bikeway Routes In order to reach a conclusion regarding the need for and possible locations of a pedestriandjikeway corridor, the Park Commission was asked at their November 4 meeting to Zoning File #2197 November 14, 1996 Page 3 consider the pedestriaa'bikeway needs for this p.'irt of Navarre, and to consider uhether the applicant's proposed route at the north end of the churcli property %%-as an adequate substitute for a potential path on the existing Navarre Lane right-of-way. Park Commission came to the following general conclusions: 1. 2. 3. 4. 5. 6. 7. There is an (albeit undefined) need for pedestrian and bike access from Navarre to the neighborhoods in the northeast quadrant of the intersection of County- Roads 15 and 19. The number of pMential users is unknown, but the potential users might extend as far east as the western end of Minnetonka Beach. The majority of the potential users would be tra\ eling westward towards Navarre on Navarre Lane. In order to make use of the applicant ’s proposed trail route, users would have to detour uphill on Olive A\enue, then west across the north end of applicants site, then south again to the controlled intersection. Such a routing would not necessarily enhance pedestrian or biking access other than for Olive Avenue residents. Applicant's proposed trail location would outlet pedestrians and bikers at a location approximately one-half block north of the controlled intersection, and might tend to encourage crossing County Road 19 at an unsafe location. A bike/pedestrian path using the right-of-way of Navarre Lane would bring users directly to the controlled intersection of County Roads 15 and 19, and would similarly bring them to the edge of the Culver’r/convenience store site which is a potential destination for those users. Such a trail should be 8' in width and be bicycle-friendly; i.e., avoid the use of a stairway system. Such a trail could be accomplished by creating a ramp or bemi in the 33' of right-of-way north of the Culver’s site, and continuing between the two parking lots serving the Culver's site and the proposed Phase 2 bank building. This would result in only one crossing of a driveway, i.e. the proposed connection between the Phase 1 and Phase 2 parking lots. Park Commission suggested this is better than having to cross two driveway accesses if applicant's northerly proposal was used. Park Commission did not take fomtal action, but indicated to the applicant (who was present) Zoning File #2197 November 14, 19% Page 4 that his site planning should incorporate such a pedestrian1?ike path within the corridor currently defined by the Navarre Lane right-of-way. Park Commission did not suggest that the vacation should not occur, but that applicant should be prepared to grant a bike trail easement of sufficient width to serve that intended purpose, and should plan his site accordingly. No conclusion was reached as to whether applicant should be responsible for constructing the trail. Applicant noted that creating a ramp within the Lafayette Ridge half of the right-of-way would potentially impact his stormwater ponding, would potentially be expensive, and would certainly require the cooperation of the Lafayette Ridge property owners. He suggested an optional routing around the stormwater pond might be feasible w ith less of an impact on his site plan (See Exhibit J). Impact of Pedestrian/Bike Path on Proposed Site Plan A pedestrian'bike path (maybe we should be calling it a sidewalk) loeated between the two parking lots will have specific impacts on applicant ’s site plan: Entire Phase 2 site plan will shift northward 10-12', to allow an 8’ trail plus a few additional feet on either side for parked vehicle overhang. Landscaping between the two parking lots will be more difficult to establish. Lighting placement between the two parking lots will be more difilcult. The creation of a sloping ramp down to Navarre Lane for bicycles will require Some amount of fill and may require a very wide side slope, impacting potential use of the remaining portions of right-of-way for stormwater ponding purposes, reducing the benefit of the vacation to the property owner. Exhibit J shows a few route options for consideration. General Site Plan Impacts of Vacation vs. No Vacation If the right-of-way is vacated, applicants will gain ownership of the right-of-way. The proposed site plan includes a connection of the parking lot for the bank building to the restaurant parking lot, providing for traffic movement between the two sites. Further, the site plan for the proposed bank indicates 18 parking spaces located within the right-of-way to be vacated. If the vacation is not approved, applicant may not use the right-of-way for parking lot purposes, and must maintain a setback from it (10’ yard requirement for side yard adjacent to a street in B-5). Also, the Phase 1 and Phase 2 parking lots must remain unconnected unless the City chooses to allow their connection across the right-of-way. Loss of the 18 parking spaces noted above would result in a need to downsize the building or a request for a variance to parking Zoning File #2197 November 14, 1996 Page 5 numerical or setback requirements. If the right-of-way is not vacated, it could not be used for stormwater ponding purposes unless the City is willing to allow such use. Applicant has indicated that the most feasible area for expansion of the pond is directly south and partially into the Navarre Lane right-of-way. Pending tinal approval of the Phase 1 ponding proposal which currently is under review by the Watershed District, the pond as shoun on the proposed site plan may have to be expanded just to serve Phase 1. Applicant has indicated the Watershed District may be willing to accept a monetary contribution in lieu of pond construction to serve Phase 2, if the site is not large enough for construction of such a pond. And, any pond expansion from that shown must take into account protection of existing utility lines. Staff Recommendation Approv al of the proposed vacation of the remainder of Navarre Lane between the County Road 19 right-of-way and the westerly boundarv of Olive Avenue would be appropriate if an acceptable location for a pcdestrian'bike pathway can be found. Planning Commission should review the options with the applicant and make a recommendation to Council regarding a pathway routing and regarding the vacation of Navarre Lane. Any recommendation for approval should be supported bv the findings noted on page 2 and be subject to the following conditions; 1. 3. 4. Applicants shall legally combine vacated portions of right-of-way with their respective properties. All propert)' owners benefitting from the proposed vacation shall be responsible for executing the appropriate drainage, utility, access and pedestrian/bike trail easements over the portions of right-of-way to be vacated. Such easements shall be filed at the time the vacation resolution is filed by the City Attorney's office. As part of applicant's Phase 2 site planning, a trail corridor shall be reserved at a location acceptable to the City (Planning Commission should define now if possible). (Option for discussion). As part of the development of the church site, applicant shall submit a trail grading and construction plan to be approved by the Park Commission and City Engineer, and shall grade the site accordingly to accommodate future pavement of a trail (sidewalk?). > • / i 1 / r.n.' c Zoning File #2197 November 14, 1996 Page 6 Options for Action 1. Recommend approval per staff recommendation. Items 1-3. 2. Recommend approval per staff recommendation. Items 1-4 3. Table for further information (specify). 4. Recommend denial, stating reasons. 5. Other. A Ji B 5 / f* --• • . •<? •S'A . < * 4^ ♦ .v^ 1'*^ I AppUcatlon * Date Received ><-' - ^4- Amount Paid cc CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 2380 Shadyvood Road Orono, MN Type of Application to be Filed Cowmorcial Plan Roviov_______ '______ Property Identification Number (P.I.D.) 17-117-23 440006, 0007, 0077, 0078 APPLICANT Name O’Sullivan * a Phone (home)__________ Phone (work) 471^0725 Address24 20 Shadyvood Rd, OWNER (if different than applicant) Name John O’Sullivan Address City Orono Phone (home)__ Zip_. 55392 City Phone (work) 471-.0725 ______________Zip Date Property Acquired Option July 1995 ______________ I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use ____ $250.00 Institutional (churchy school, etc.) — $225.00 Guest House/Cucst Apartments _____$200.00 Duplex Credit/Bldg _____$300.00 Commercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 101 cu. yd. or more ____ Grading, secwall, retaining walls within 75' of lakcshore _____PRD/PfD - see Fee Schedule ______$150.00 RenewJ Fee (no change from original application) _____AAer-the-Fact Fee - Double Current Application Fee (month/year) t OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consultant fees) $300.00 Vacation $200.00 Easement Vacation $100.00 Easement Vacation With Subdivision $350.00 Rezoning (PUD - refer to fee schedule) $350.00 Comprehensive Plan Amendment $100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District B-5 ______ Present Use of Property______Residential 2^_Other (specify) Church 80’d 0£0‘ON 63:^T 96.S3 130 21U-£91-03£:QI NOIiDOdiSNOD T3 1 2. 3. 4. REQUIRED SUBMITTALS 1. jK___Completed Application Form. ____ Describe request in detail. ____ Ceilificd I’roperty 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 applicotion 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 (irtelude marital status) of all persons witli 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). _____/\s an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 5. 6. 7. 8. 9. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (II” X 17 ” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Stall' will require to scale drawings of all documents, plans, etc. to be submitted.) Ihc 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 SIGN.ATURE ihc applicant hereby agrees to provide all information required or requested by the Zoning Administrator, ogree.s 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 0 , Date /a __ OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Ax 0 DateOwner's signature U Its hic Applicant must have nil submittab Into the City oifices 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 arrangemenb to have an authorized agent attend in your place and advise the Building & Zoning Office of thb change prior to the meeting. 60'd 0£0‘ON 0£:pl 96.IDO 2TU-£9<i-0S£:ai NOIiDOdiSNOD TD CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Cry stal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 2780 Kelley Parkway on Monday, November 18,1996 at 7:30 p.m. on the matter of application #2197, a petition by John M. O’Sullivan, owner of 3340 Shoreline Drive, and North Central CBA, owner of 2380 Shad>-wood Road, for the vacation of a portion of Navarre Lane between Olive Avenue and the right-of-way of County Road 19 (Shady wood Road). The legal description of the right-of-way requested to be vacated is as follows: That part of Navarre Lane described as follows: Beginning at the most easterly comer of Lot 21, "Wiley's Navarre Addition, Lake Minnetonka"; thence southeasterly along the northeasterly line of said Lot 21 extended to its intersection with the northwesterly line of Outlot C, "Lafayette Ridge"; thence southwesterly along the northwesterly line of said Outlot C to its point of intersection with the northeasterly line ot Tract A, Registered Land Survey No. 1433; thence northwesterly along the northeasterly line of said Tract A a distance of 33.08 feet to the most northerly comer of said Tract A; thence southwesterly to a point on the northwesterly line of said Tract A, 253.03 feet southwesterly of the most northerly comer of said Tract A: thence North 31 degrees 52 minutes 41 seconds West a distance of 43.82 feet more or less to a point on the southeasterly line of Lot 5, Block 3, "Townsite of Langdon Park"; thence northeasterly along the southeasterly line of said Lot 5, Block 3 to the most easterly comer of said Lot 5, Block 3; thence southeasterly along the southwesterly line of Lot 22, "Wiley's Navarre Addition, Lake Minnetonka" to the most southerly point of said Lot 22; thence northeasterly along the southeasterly lines of Lots 22 and 21, "Wiley's Navarre Addition, Lake Minnetonka" to the point of beginning. All persons wishing to be heard w ill appear at this time. Written comments are solicited. A map of the proposed vacation is available in the City ollices for review. City of Orono By: Planning Commission Michael P. Gaffron, Assistant Planning & Zoning Administrator To be published the week of November 4, 1996 and the week of November 11, 1996. D CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF ORONO )i 1, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2197 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 1st day of November, 1996. Jamie mm DATE MTCH S0« NffMETiH cmmry 7«o^E«nr ii#omnaticm svstin Eto^arv OMCKS list MQ» ASM 0««« KATC TAXPAYER MARf/AOOR S« 17-117-ZS AS M«t •tl«S MYVtEM PL R P MfYlRS • J I HfTfRS RICHARD P • JANICE t HEYtRS JIAS BAYVIEN PL HAYZATA m SSSfl SR 17«117*2S AS OOOE r ;7ya snaoymooo ro N P A A H FRANZEN HIKE I AMU FRANZCN 2EAA SNAOYMOOO RO HAYZATA m SSSYl PROP AOOR »RCR MANE TAXPAYER NANE/AOOR St 17-117-7S AS OtOS OSAAS CRYSTAL PL A A L ROOENALO AOELtERT H NOOfMALO SAAS CRYSTAL PLACE HAYZATA »t« SSlfl St l7-117-tS AS OOIB OSASZ LIVINBSTON AVt HILLIAM R KA)0€U XI A HULIAH R KAMCLL XX SASE LIVIHCSTON AVf HAVARRE m 55S«l Wirt PROP AOOR OMR NAME TAXPAYER NAHC/AOOR St 17>117-2S AS OOEO OSASt LiVtWCSTOri AVE LANE H NOORE LANE M HOORE SASa LlVlHCSTOfl AVE MAV7ATA m 555AI St I7-117-2S AS 0021 OSASA LXVIlCSTON AV£ STANLEY A HOORE 0C^t4IS TNUECAS S177 LAAESNORE tlVO HAYZATA SSSYl PROP AOOR GMICR NAHE TAXPAYER NAHE/AOOR St 17-117-2S AS tots OSAIA LXVINCSTON AVf ROSEHARY P tU» t^TER tOSEtlARV P tURHASTER SAIA LIVINBSTON AVE HAYZATA m SSSYl St 17-117-2S AS 0042 0SA3S lIVlNBSrON AVf jEfEREY A RLEHAT4 JfrrtEY ALLEN ALEHAN 2AA tOCAOMAY AVf H HAYZATA m SSSYl PtOP AOOt 0»04R NAHE TAXPAYER NA7«/AOOR St 17-117-2S AS 004A OSAAS LXVINBSTtP* AVf OEIOaS L NIGER Df»OaS L NfOCR SAAS LlVlrCSTON AVf HAYZATA 7tl SSSti St 17-I17>2S AS 004S OSAAS lIVItCSTON AVf CAROLYN H nLLOTSON CAROLYN N TULOTSON SAAS LIVINGSTON AVf HAYZATA m SSSYl PROP AOOR »eiCR NAHE TAXPAYER NAHE/AMR St 17-II7-2S AS 0074 0S4AA LYRIC AVf 7 L A S f niTTELSTACOr HR/HRS 7RAIAL L HITTELSTSEOT SA4A LYRIC AVE HAYZATA Hri SSIYI St 17-IX7-2S AS 0077 OSASa LYtXC AVE LOIS H NL'DLON LOIS HARIE MUOLQN SA50 LYRIC AV HAYZATA m 5SS41 9JH DATE 07/24/«4 •ATCH S94 HEtRYEPZN COOWrY PROPERTY iNfORnATION SYSTIH PROPERTY OiOrtRS LIST PROP AOOR OMtfR NAHE TAXPAYER NAHE/AOOR St 17-U7-2S AS 0074 0SA08 LYRIC AVE NfrOiEPIN rORFEITEO LANO CITY or 0R9O PARK A/IS/74 ST DECO 1S475S St 17-117-2S AS OOtO OSAOt LYRIC AVE NC»0<P1N FORriXTlO LA7« CITY OF ORONO PARR A/lS/74 ST OCCO 15475S PROP AOOR »t4ER NAHE TAXPAYER NAHE/AOOR St X7-IIT-2S AS 0002 OOOSt A00R2SS UNASSXCNLO T0M4 OF OftONO CITY OF ORCPO PO BOX 44 CRYSTAL BAY ^94 5SJ54 St 17-117-2S AS OOaS OOOSt AOORESS UNASSIGHEO HE»OCPZN rORFEXTEO LAND CITY OF ORQNO PARR A/XS/74 ST DEED 1S47SA PROP A3:R OOlER NAHE TAXPAYER Mii*|/A3CR St 17-U7-2S AS OO0S ocosa ACCRiss uassiGmo NcrMEPiN roRrimo lano CITY or ooc»<o PARRZNG LOT turrCR S-22-41 ST 0EE9 NO 17A49S sa 17-117-2S AS 0084 0SA4S LYRIC AVf M 6 A 0 H TIERNEY MULIAH C A DELORES TIERNEY SA4S LYRIC AVE HAYZATA m sssn PROP AOOR QlO^ER NAHE TAXPAYER HA.VE/AOSR St 17-117-2S AS 0004 osAoo SHORCLZfft on DALE S J0*9a0M NAVARRE MAROMAnf C/0 DALE JOltNSOrl SAOO Si«0RELlNC Oil PO BOX AO NAVARRE rtl SSS«2 S8 17-I17-2S AS OlAl 0SA7S LIVINGSTON AV| SARA/a4f H ANDERSON SARAmt M AfOERSON 3A7S LIV2K35T0N AVf HAYZATA MN 55S41 PROP AOOR ORIER NAHE TAXPAYER NA-E/AOOR St 17-117-21 AS 01S4 0340S LIVINGSTON AVE SHERYL A PATTEN SHERYL A PATTEN 3iCS LIVINGSTON Avf HAYZATA Ml SSS41 St I7-117-2S AA OOOS 00030 AOOUSS L*USS!G7iC0 T0M4 OF ORONO city OF ORO»« PO BOX 44 CRYSTAL BAY tfi 5SSS4 PROP AOOR OMIER KAHE TAXPAYER NAHE/ACOR St 17-117-21 44 0007 0254A SNAOYMOOO RO GRACE BAPTIST CHURCK/HAVARRE NORTH CENTRAL'CtA 7240 LP^IVCRSITY AVf N C tllO FRiOLEY Ml 5SAS2 3S 17-117-2S A4 0008 00058 AOORESS UNASSZGNEO HEMIEPIN FORFEITED LANO CITY OF ORONO CONVEYED Z/t/82 Sr 0EE9 141IAS REPORT NO. PI4SS401 PACE 11 St 17-117-n is 0004 tt24S SNAOYHOOO ro R M t S A ROOtHALO RCVXN M 8 SNXRLEY A ROOENALO 224S SHAOTMOOO RJ HAYZATA M4 S5l«l SO lf-117-2S 4S 0014 0SAA4 LXVXNCSTtM AVt FtA7« N OLSON ITAL FRAMl N OLSON S444 LIVINGSTON AVf HAYZATA Ml SSS41 SO 17-117-2S 4S 0022 0S422 LIVINGSTON AVf 0 A SERNA 8 0 L SNCLOCN D A SERNA I 0 L SHELOCN 1422 LIVINCSTIPI AVf HAYZATA Ml SSS4I :v so 17-117-2S 4S 004S 0S4S8 LIVlNCSrON AVf D V 8 I N 8RUCE OEMUS V A EVELYN N BRUCE S4SS LIVINGSTON AVf HAYZATA Ml SSJ41 St 17-117-tS 4S 007S 0S44B LYRIC AVf JAHES F HITTELSTaEOT III JAHES F HITTELSTAEOT III S44t LYRIC AVf HAYZATA Ml SSS41 St 17-117-tS 41 0078 0S422 LYRIC AVf DANIEL I SNANSON DANIEL f SNANSON S422 LYRIC AVf HAYZATA Ml SfS41 V .i 55 report no. PIA3S401 PACE 14 St 17-117-2S 4S 0081 0S408 LYRIC AVE HCMIEPXH FORFCXTEO LANS CITY OF ORONO PARR 4/1S/74 ST DElO 15*755 S* 17-117-2S 4S 0084 OOOS8 AOORESS IPIASSXCNCO NEMlfPXN FORfIXTEO LAND CITY OF QROrO CCNVfYEO . , 2/0/82 ST blEO 141147 S8 17-I17-2S 4S 0048 0S414 SHORELINE OROerh-toM partnership 6CnH-T0M PARTNERSHIP C/O COURT MACFARLANE P 0 SOX 1411 HIMiCTOlU Ml 5SS4S to 58 17-117-2S 41 0141 0S440 SHORELiriC OR HIE HUCLLIR RICHARD M BLOQHQUtSr S440 SMORCLIMI OR HAYZATA Ml SSS41 ••s ; •»c' ’'I \\18 17-117-2S 44 0004 02S80 SHAOYMOOa RO GRACE BAPTIST CNURCH/NAVARRE NORTH CENTRAL Ctl 7240 UNIVERSITY AVf N f 8110 T FRIOLEY m 5S432 V- IS 17-117-tl «« OSO* 02S77 SHAOTMOOO RO HARCEL S DITTRICH HARCEl OXTTRICM 2S77 SHAOTMOOO RO HAYZATA Ml SSS41 ’* • 1 '•. :*L .4’v^. MM fiATt AATCM M4 M 17-117-tS 44 Mil 40M MtM AMtfSS ifttStl9CI »#«■ Mine KiMCAXN Foaremo um TAxama city of oao« MAIC/AOOa FAOK ie/17/aa sr otto iS4i4§ NfftCFlM CtJUWTF FaOrtWTY mFOarUTION STlTfH Faaaianr OMiias list M 17-117-tS 44 0070 0SS05 carsTAL tit to jtFFarr man aiKsa JEFF HAMt M41 cavoTM. SAY ao NAYZATA M« tSSYl AfFOar NO. FX4SS401 FACE IE Si 17-117«n 44 0071 0SSY4 COYSm OAV ao s • soaiENUa t v rcuiMEY S SOaZENlAR I V MC1U*0«Y IStO CAYSTAL OAY aO HATZATA m SSStl FaoF Aooa 0»OIEa NAM TAJ9AYEt NAM/AOOa noF AOoa 0»MC0 NA.E TAXFArEO NANE/AOOa FFOF AOOa »0«a NAM TAXFAYfO NAM/AOOa AOOR 0»0<ER KANE TAXFAVER NAM/AOOa Si 17-117-7S 44 007E 0S40S COYSTAL iAY 00 ALONA J OAOLINO ALOHA J DARLXM 1405 CAtSTAL iAY OCAQ MAYZATA m 555FI 50 17-117-75 44 0077 07725 OAYVltH FL TERESA U9HI ROCN TEAESA AOCH 2225 iAYVlEN FLtCf MAVZATA m SS5Y1 SO 17-117-71 44 0010 072A5 OArvXfH Ft OAVIO H DEAN • OXANt H OAVIO M A OXANE N DEAN 2245 OAYVXEM FUCE HAYZATA m SS5Y1 50 17-117-71 44 0051 02SCS BAYVXEH PL A H STELLINC ETAl CENE N OLOCR 2505 iAYVlEN FLACf MAVZATA m 55501 OCAN 10 17-117-71 44 OOL: 07705 OAYVI«M Ft CLEMNT F OIFCH |T Al CLEHEMT r OIACM JO ANO EAAOAAA J SlFFAELL-ilACM 7705 OAYVIEM FL HAYZATA ffll 55141 10 17-117-71 44 0020 07745 OAYVIEM FL T J t T F MALLOCA naOY J HAUOCO TXrriTIV FOOL MALLOCE 2745 OAYVIEM FL MAVZATA Tti SSIYI 10 17-117-71 44 0011 07775 tlYVXEM FL JAMS 0 ANOEASOri JAMS A AMOEASON 7775 OAYVIEM FV.ACE MAYZATA MN 55541 50 17-117-75 44 0041 02750 OAYVIEM FL CATHY JO TLAtNEA TOM A CATHY TUAMfO 5557 tAATLETT OLVO HOUND !«4 55504 Si 17-117-75 44 i070 07215 OATVIEM FL a A J HAZAFO aOOCAT aAVMM NAZAAO 7715 OAYVIEM FL MAYZATA m 55541 50 17-117-75 44 0024 07251 iAYVlCM FL PATAICXA A iUaNEXCE FATOICXA A iUANlECS 7751 OAYVIEM FL MAYZATA m 55141 10 17-117-21 44 0011 oceii Aooacss imassxo<d CtNE AND SNEOVlt iLOCA CENE AM SNCAYLL OLOCR 7105 OATVIEM FLACf MAYZATA m 55141 10 17-117-71 44 0047 02740 OAYVIEM FI eihmrLy a ERXCaON AXMERLY A EAXCSON 7740 OAYVXEM FL MAYZATA m 55141 f POOF AOOO OMEO NAM TAMAVCV NAM/AOQI 10 17-117-71 44 0054 05120 NAVAARE LA FAL*L J FASCUZZI PAUL J FASCUZZI 1120 NAVAARE LA MAVZATA m 55141 10 17-117-71 44 00&9 05124 MAVAAAI LA BtETT lULLOrWXST OOETT a HALLONQUlST 1524 fUVARAf LA mayata m 55541 li 17-117-71 44 0041 02144 OLIVE AVf JAMS S Mcxrz JAMS S HIXTZ 7144 OLIVE AVf HAYZATA M 55141 •ON OATI 07/24/44 OATCN 504 FAOF AOOa QM«0 NAM TAXFAYEA NAM/AQOa PROF AOOA OMEA NAM TAXFAYEA NAM/AOOA FAOF AOOA OMA N a M TAXFAYEA NAM/AOOA FAOF AOOA OMCA N M TAXFAVm kam /aooa FAOF AOOA OME A NAM TAXFAYEA NAM/AOOA SO 17-117-21 44 0044 OmO OLIVE AVt • A JARUBIAX t L M JAfUOlAA iOlAN A JAXUOIAA 2350 OLIVE AVE MAYZATA M 55141 10 17-117-71 44 0047 02514 OLIVE AVf LOUISE i OAY LOUISE i OAY 7514 OLIVE AVI HAYZATA M 55541 50 17-117-25 44 0075 07514 SHAOVHOOO AO E A XUGLIN IT AL »l/L EST ECM2r4 i HAOEL RUGLIV 7514 SNAOYMOOO AOlO MAYZATA m 55541 50 17-117-25 44 0074 07554 SHAOYMOOO AO JUNN C I BARBARA E EAXCSON JOHN A BAABAAA CAICSON 1470 SHAOYMOOO AO HAYZLTA rV4 55541 MftFJCFIN COMVt FAUPCATV iMtCAnATlON SYSTEM FaOFEATY 0»F4EAS LIST SO 17-117-25 44 C3-5 02520 OLIVE A\t J T JACOBSON • L 0 JACOBSON J Y JACOBSON I L 0 JAC00SO4 7520 OLIVE AVf MAYZATA 555 41 10 17-117-71 44 0040 07504 OLIVE A\f XXAEN E ANOEASON KAREN E ANDERSON 7504 OLIVE AVf OaONO M 555*1 58 17-117-71 44 0074 07524 SHAOYMOOO AO A J haefnea • c r haefnea AXCHARO J/CCLIEEN F HAEFNEA 7574 SHACYhOC ad HAYZATA m 55541 50 17-117-75 44 0077 05574 NAVAARE LA GRACE 0-.>TIST CHUaCH/HAVAAAC CAACf BAPTIST CMUACM/HAVAAAE 2560 SHAOVHOOO AO OAONO Tti SS541 AEFOar NO. F14S5401 FACE 14 55 17-117-75 44 0074 07541 SHAOYWOOO AO M a CAOCTSCH t C J CROCTSCH LOUISE A CA/CELHOFF 2541 SHAOYMOOO RO HAYZATA m 5S541 Si 17-117-71 44 0000 OOt Li AOORCSS U*U:4il3i£9 T0»04 OF 0R0I4C CITY OF ORCNO FO BOX 44 CRYSTAL BAY Hi 55154 Si 17-117-71 44 1044 07115 OLIVE tVf PATRICK M SULLIVAN FATAICX M SULLIVAN tlli OLXVt AVE MAYZATA rt4 SS141 Si 17-117-71 44 0044 02100 OLlVf AVf HARCARET A MOOO HARCARET A HOOD 2100 OLIVE AYE MAYZATA m 55141 10 17-117-71 44 0071 07114 SHAOYMOOO RO JIB ERXeSON JOHN C t BARBARA C EAXCSON 1470 SHAOYMOOO AO MAYZATA 704 55541 "J • •. t A., '.rl- c 50 1.-117-71 44 0070 00050 ADDRESS iP4ASSXCNC0 CRACE BAPTIST dOjOCH/MAVARAf grace BAPTIST CMUACIi/HAVAAM 2500 SHAOYMOOO AO OAONO 704 55541 50 17-117-75 44 0002 02700 OAYVIEM FL DALE MATSON ETAL DALE MATSON ETAL 7700 OAYVXEM PLACE MAYZATA r04 55541 .5 ‘ j: I. . M 50 17-117-71 44 0005 PROP AQOa 07250 OAYVXEM FL CK<R NAM J L SQ)t4ECK A F N SCHNECK TAXPAYER J L I F M SCMNECR HAM/AOOR 2250 BAYVXEH FL S HAYZATA 704 5 5 5 41 SO 17-117-25 44 0004 02550 OLIVE AVf NANCY C RUST 70!CY C MLSON 7550 OLIVE AVf lUYZATA 704 5 5 5 41 SO 17-117-21 44 OOOS 01140 SHORELINE OR VOYAGFUa SERVICE CENTERS XNC VOYACEJR SCRVXCt CENTERS XfC F 0 BOX 4S faVAAU Iti &SS42 HIM DATf 17^4/^ •ATCN SM CQUNTP PiyriTV TUrBWOTTON rvSTTH raprvrv OMCts usr ■C70IT 19. pumai MfiC 1771I0P AOMTA}9AnilfUnC/AOM M 17-117-23 44 OOfO •im urAVfTTf tjocf cT SALLY J PCCAEf SALLY J NCCASf 32tS LAFArtm AlOCf CT MAVZATA >t4 SSSfl SS 17-117-23 44 MY4 OOOla AOOItCSS LMASSXCNF9 NOt«7iM roarfZTco la»« MCMC7IM FCMTEITCO LATO IS 17-117-23 44 OOH SUM SAYvxm n JAIL MLCMT JASOM A MLCMT 23M SAWICM AL MAVZATA m SS341 PM ASM ow€i warn TAXPAYC* NAMC/AOOA 3A 17-117-21 44 MM 01300 MAVAAKf LA SAYfO« N OASCN RAYMONO N PASC4 SlOO HAVARlIf LA MAYZATA m 55191 la 17-117-21 44 M99 00030 AOOMSS UNASS10«0 CITY or ORONO CITY or OROMO 00 0« 44 crystal SAT m 55159 10 17-117-21 44 0100 01102 SMORfLIM OR CLASS IX PARTMCRS DOULO (CCARVXLLI 1102 MARMR LA roto m 55144 PROP AOOO 0«€R MA»« TAXPAYCR MA7C/A00R 10 17-117-21 44 0101 01340 SMORCLlNf OR LAC ROCHNCN LtROY t CAilOL K0Ct««N 24020 VAUIYMOOO iKCfLSlOR rw 555U 30 17-117-21 44 0102 02105 SMAOYMQOO 00 8 N SC»Ctl0r 4 S J SCW^XDT STlPWfS N scioaDT 2105 SMAOVMOOO to SOX IS KAY2ATA MN 55J«l 10 17-117-21 44 0104 02100 SMAOYMOOe 00 PHYLLIS NfNOCRSON PHYLLXS MfMOCRSON 2100 SHAOY10OO 00 MAVZATA r4« 55191 PROP AOOO »P«R NA7C TAXPAYIR NAnC/AOOR 30 17-117-21 44 0107 02104 SMAOYMQOO 00 CR/SO ALLCN OORCMAOOT CRA16 ALUM OORCHAROr 2104 SmaDyhOOO RO MAYZATA m 55191 10 17-117-21 44 0100 02240 SAYVXIN PL JACOUfLYTM J SCC»€R 4AC0UCLYM4 J SfCNtR 2140 OAYVICM PL MAi2iTA m S5191 10 17-117-21 44 0109 01284 NAVARRO U 6RACC NARXf OAML ORACf HARXI OANL p 0 OOX 222 MACQNIA m 55SO7 CO'- <.,.y PROP AOOR 0lO4fR NAMC TAXPAYER NAME/AOOR M 17-117-21 44 Olio 01290 MAVASiE LA CMARALAT1P0S HAIIIHOS cmaralampos harxnqs 17400 SUSAN LA NIf««T0*4(A m 55145 IS 20-117-21 11 0002 02420 SMAOYMQOO RO VQYACfUn SERVICE CENTERS VOYACEUR SERVICE CENTERS CO RO 25 1 19 NAVARRE m 55192 10 20-117-21 11 Mli 02445 SHAOYMOOO RO 1ST NATL SAMI OP NAVARRf 1ST NATL SAMI OP NAVARRA CO ROAD 15 I CO ROAD 19 NAVARRE m 55192 00’ PROP AOOR 09€R NAME TAXPAYCR NAME/AtlOR 30 20-117-21 11 0017 02459 f»>A0TM003 RO JARIOC ; . JAP '4 XM a PO ’ ^ Yf HAV.#'- ' S5-»9Z 10 20-117-21 11 0010 02455 SMAOYKXn RO P M ENCLUNO ET AL TRUSTEES PAUL H A JCATRIC H CN6t.LP9 PO OOK 95 NA- *04 55192 SO 20-117-21 11 0024 OlSSl SNORELlNf OR MGT COMPANY SUPER VALU STORES INC CORPORATE TAX DEPT PO OOX 990 MPLS m 5S440 RUr< DATE 07/24/94 SATCH S04 MCri4P:H COUNTY Pf»CP£»TY XNfCRMATION SYSTEM property 0PP4CRS LIST t»OllT HO. PI41S401 PACE 10 PROP AOOR 09IER NAME TAXPAYER NAME/AOOR 30 20-117-21 11 0012 00018 ADDRESS LP4ASSIOOO 1ST NATL BA»A OP NAVARRf 1ST NATL turn. Of NAVARRE P 0 OOX 121 NAVARRE m X5192 38 20-117-23 11 0014 02500 SHAOYMOOO RO 9RESHMATCR POUNOATXQN FRESKMATCR polpoatxon SPRING mill center 725 sixth AVE N MAYZATA 55191 10 20-117-23 11 0019 00010 ADDRESS UNASSlONtO PRESMMATER 90UN0ATX94 rXESNHATER‘rOUNOATlON 72S CO RO 4 MAYZATA MN fS191 PROP AOOR OM€R NAK TAXPAYER HAME/AOCR 30 20-117-21 12 0014 01421 SHORELINE OR RICNARO M KEAVtNV ETAL RICNARO N REAVE P 0 OOX 59 NAVARRE MN 55192 10 20-117-21 12 0055 OOOlO ADDRESS IPUSSIOIEO KELLY COVE »tOMIS 4SN/0R0N0 KELLY COVE MMO»tlRS ASH/ORGNO C/0 KIM GOEBEL 100 S STM ST SUITE 2S00 P9LS PM 55402 TOTAL SATCH 504 OOOOf ^0 I CERTIFY THAT THE FACTS REPRESENTED ARE 4<< ACOAAn AND TRUE REPRESENTATION OP ZPifOILMAnCM AS IT APPEARS THIS DATE ON THE RECORDS or THE MEPCiEPIN COUNTY DEPARTMENT Of PROPERTY TAXAHON, TO TKE SEST QD or MV K.NOMLEOCE AND BILICF. DATE t^Ou) F § 10.12 SEC. 10.12. VACATION OF STREETS, ALLEYS AND PUBLIC GROUNDS. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this Chapter, except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two (2) weeks published and posted notice, all as required by Minnesota Statutes, Section 412.851. The Council may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve". Source: City Code Effective Date: 4-1-84 wv-STrJiaSLsiSSL,.. SEC. 10.13. ENFORCING. In case any building or structure is i erected, constructed, reconstructed, altered, repaired, converted, \ or maintained, or any building, structure or land is used in viola- | tion of this Zoning Chapter, the Zoning Administrator, in addition to other remedies, may institute any, proper action or .procee,dijigs___^ Jin .the nazae . of the Xi tv-and police officer to prevent such-aniawful erecfcion;>-TQ©nstj-r reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct or abate such violations, to prevent any j illegal act, conduct, business or use in or about said premises. | Source: Ordinance No. 172 Effective Date: 1-1-75 (Sections 10.14 and 10.15 reserved for future expansion.) ORONO CC 275 (4-1-84) (5^ NOV tii:«VEsr COMMUNICAVONS @ 7 :199C 5910 Shingle Creek Parkway Brooklyn Center, MN 55430 November 5, 1996 Mr. Michael P. Gaffron Asst. Planning & Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Notification of proposed street vacation-Navarre Lane Skis ®vgave notice of a hiring on the above refereiSted vacation, on Navarre Lane. US West Communications, Inc presently has burled and aerial facilities within the existing R/W of Navarre Lane. US West has no objection to this vacation, but requests that a utility easement be retained to provide for future maintenance/reinforcement. Respectfully Yours, US West Field Engineer 612/569/3017 DAN CLAUSEN E\ci ttn\ c Dmcu^r Phone 612-571-7933 Fa\612-57l-S()l7 7260 Unixersity Avenue NE Sune 110 Fridley. M.\ 55432 e-mail: nccba(?aol coni North Central CBA October 21, 1996 Mike Gaffron City of Orono P.O. Box 66 Crystal Bay. MN 55323-0066 . • * • • , .r. y* •• » • 4.1 1 i} •f< 4 <4 ^ I I » . '#• // f Dear Mr. Gaffron; I I am writing to inform you that weyre joining with John O’Sullivan as applicants in the commercial site plan review, the petition to vacate Navarre Lane, and in the application for variances concerning our property at.23SO Sbadywood Road.(Grace Church). Tj *533? * ■ * • •TTj-a. If you have any questions, please feet free to call my office at 571-7933....r Sincerely, Rev. Dan Clausen Regional Executive Director North Central Conservative Baptist Association DC:rt ■>^c: John O’Sullivan Providing resources for church growth and church planting. It O 3tx 5 S M m Qm 52 O » » ( / ^ 0 It a \ s. V mii pi 5 ^ w • IfiaS < « Ct 2. o o 3 3 O. CX COrt> CDm i T ; I .•W.-,- .1 h-*- H n 1-1 r h L IL 1 I I «i ‘I I . ■ r r ;i -n “i _L LU-.L-I-. . ' I i ! 1 i i !X-p4-----■ J -, • -i t I rrr t I Tl I I < i I f i • 4-----^! I i i ! T^ 'T~I I ! 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' i 1 I I I f ; » * I ' I I iI I i I I j I i RFQl EST FOR COUNCIL ACTION ^996 DATE: December?f^6 ITEM NO.: j / Department Approval: Name Jcaiuic A Mahusth Title Buildink: A. /onini’ Administrator .Administrator Reviewed:Agenda Section: Zoning Item Description: «1457 Alan Carlson, 3140 WaicrtowTi Road - Private Road Name Request List of Exhibits A - B - C - D - E - Road Name .Application Plat of Cr>stal Creek Location Map Road Name Index Road Name Index Please refer to Exhibit A Applicant ’s first name choice. Crystal Creek Road, has been approved by the Orono staff Staff has reviewed the road name index of the Hudson Directory', Exhibits D and E, and note no conflict with existing road names Devel'^per must advise me City if he wishes to use standard street sign of the City. A stop sign at the intersection of Watertown Road will be required The cost of an individual sign with installation is S75 00. The developer has the option to install private street signage If private street signage is desired, developer must coi t ,t the Public Works Director for special construction/dcsiun standards. Staff Recommendation To approve the name of Cry stal Creek Road as the private road to serve the twelve lots within the Crystal Creek plat. Applicant shall be responsible for installing street sign and stop sign at intersection of Watertown Road. The City cannot order signage until we are in receipt of the full payment COUNCIL ACTION REQUESTED: To either approve or deny the first choice road name of Crystal Croek Road within the Crystal Creek Plat 1 11-26-1006 Oe:3l 612 731 ^350 OW%R lE5 CLCD CO.P.C2 CITY OF OROXO ABpUc.ttoo 1 4»^7 A. D. The Subject of this request is; an existing private roadway X a proposed public roadway which is to b® created as a condition of pending subdivision approval. B. Owner(s) of the subdivision C. The above owner (a) hereby request that this Roadway be xnown by the following nanes Choice No. 1 Crystal CrseX Road _ » Choice No. 2 Crystal CreeK Drive Choice No. 3 Mount: Cnrvp Road (List three choices in order of preference. The city Council will approve a nane provided no conflict exists with existing names or naming policy. If all names have a conflict, you will be asked to make new choices. The approved name will bo used for all mailing address and official identificatlo: purposes.) The above owner (s) hereby request the City of Orooo to install following standard street and traffic signs and said owner(c) hereby agree to reirr^burse the City for all costs of said installation. (Such signing may be required as part of a separate Developer s Agreement and/or subdivision request.) X . . . . —. . . . 1standard city street name sign(s) - number required _ standard "STOP'' sign(s) - number required _ _ _ _ _ _ _1 The above owner(s) do hereby acknowledge the (future) existence of said DUblic road, and that the City of Orono has no obligation to maintain or service said roadway until that roadway has been by the city of Orono as meeting all public road standards specifically the completion of the paving. Signature(s) of owncr(a): ^lUJLPWJiL a t. Date Date Date Date p ftlONTEClTO DR — NAYLOR AVE I ^ 1-^ MOn’E->’CiC« S— *.»C “«’£®£* *’■5 r®* mOs*E=E> A-e mcs'E«E^*.| S. 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E.% TER GW AO-W OCT eb *B -2 DA l’ S’ STP SB 9C Caa SONA.e pc X 179 OS’ CCR A9 >4 CAVAS4AVE BV 4P *22 ''aa SONCT ►Gh SB 109 C S’ -P AA «•CAVASM CT RV 41 -VSCNLA EC 48 »2 DST VES 3A J,C4VP £or« cc *B •.VSCS.'.4»E “G**90 ICS DSCRSE SV ’C ’S DAN PATCH C« SG X-*2C OAT L> DPS AB 79 r :*•£’.£: « m’r *c «•CASPA^Chl* So X *:•)day Pl va 20-77 C Jhe-.e m'R •■; *■r4*,4 C’ PB sc 3’CAY PC MA AA €* CAB-Cue S’ 6 SA •B SB 0-4SA CR BBS *' *23 Ca «BRE am a .E pv AA *38 C*®tc Cm. R a Tm pm AC ’22 DANA CB V4 3- ”CAirrosAvE Ots 20 *6 CAioE *.£ S R«’le ’CANP.RY A, E PV 4C ’22 4 A **8 Oay ^csav E spa 28 110 CAGwE A.£ SE Pa ’40 3’ 4B45 Cas B wR y a .E A4 ’4C *’B 0A>7CSA.E STP 3A80 1A8* C. c c C- c. %-A* % L' ®OUMCt REQUEST FOR COUNCIL ACTION OEc ^fTYop ^ 1996 OR o /vo DATE: December 5, 1996 ITE>i NO: / Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: rAy Agenda Section: Administrator’s Report Item Description: Tree Preservation Policy /■ The city's land use plan and policies have historically strongly encouraged preservation of trees. However tree preservation ordinances adopted prior to 1992 only require the preservation of 6 inch or larger diameter trees within 75 feet of the lakeshore. The shoreland regulations adopted in 1992 added to this by prohibiting intensive vegetation clearing in the 0-75’ zone and on steep slops and bluffs in the shoreland. The city currently has no ordinances preventing clear cutting other than is those areas directly adjacent to the lakeshore. Tree preservation is important to maintaining Orono's rural character. The City Council along with the Park and Planning Commissions has addressed both the tree preservation and rural character issues through discussions related to open space preservation. One of the key purposes of open space preservation is to maintain Orono's rural character. Preserving open space, which includes preserving trees, maintains Orono's rural character by preserving natural or rural type vistas. An e.xample that has been cited is a substantial portion of County Road 6 where one can drive for several miles without seeing homes due to the screening provided by substantial stands of trees. During discussions regarding open space preservation, it was suggested that tree preservation and/or tree planting could provide an alternative or supplement to purchasing large tracts of land to preserve them from development, as a way to preserve the city’s rural character. Ihis could be done through an ordinance designed ) preserve or create natural or rural type vistas through the preservation of significant stands of trees or through the planting of significant stands of trees-particularly in setback areas from public rignts-of-vvay. The city’s goal of retaining natural or rural type vistas can be achieved in several ways: 1.The adoption of a general policy statement that calls for the preservation of natural or rural type vistas through the preservation or planting of trees, particularly in setback areas adjacent to public rights-of-way. A resolution setting out a general policy statement is attached. 2.Amending the city’s zoning code to require the preservation or planting of liees to preserve or create a substantial landscape screen along public rights-of-way as part of all development projects in residential areas. Request for Council Action continued page 2 of 2 November 5, 1996 Tree Preservation Policv 3.Adoption of a comprehensive tree preservation ordinance which might include the following elements (Eden Prairie example): a. "Significant tree" inventor}' »equired of developer. b. Site plan'grading plan overlay on tree inventor}’ to determine extent of expected tree loss/damage. c. Minimum requirements for replacenient'mitigation of "significant trees" lost or damaged. d. Developer ’s agreement/security to ensure replacement/mitigation occurs. COUNCIL ACTION REQUESTED 1.Adopt the attached resolution setting out a general policy statement regarding tree preservation. •Direct staff to draft a zoning code amendment requiring the preservation or planting of trees to preserve or create a substantial landscape screen along public rights-of-way as part of all development projects in residential areas. 3.Direct staff to draft and bring to the Park and Planning Commissions a comprehensive tree preservation ordinance. A RESOLITION TO ADOPT A POLICY TO PRESERVE THE NATURAL AND RURAL TYPE VISTAS IN ORONO THROUGH THE PRESERVATION AND PLANTLNG OF TREES WHEREAS, a key goal of the city’s land use plan and policies is to preserve the city’s rural character, and WHEREAS, the city’s draft park and open space master plan calls for the preservation of natural and rural type vistas as well as the preservation of wildlife habitat, and WHEREAS, tree preservation is an important element in maintaining the city’s ratal character through the preservation of natural and rural type vistas, and in maintaining wildlife habitat, and WHEREAS, when open spaces with few trees are developed the natural or rural vista may be degraded or lost, and WHEREAS, the natural or rural vista can most effectively be maintained by preserving and/or planting trees as a landscape screen between new development and public roadways. NOW, THEREFORE, BE IT RESOLN ED, that the Orono City Council does hereby adopt the policy of ensuring the preservation ot natuial and rural type vistas through the preservation or planting of trees, particularly adjacent to public rights-of-way. Adopted by the City Council this 9th day of December, 1996. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk REQUEST FOR COUNCIL ACTION Q f'm, DATE: Decembcr“?Pie96 ITEM NO: /3 Department Approval: Name Ron Moorsc 1 itk* City Administrator Administrator Reviewed: _____________________ Agenda Section: Administralcr ’*: Rcpi-r; Item Description: Ordering a Feasibility Study for the F'xtension of Sewer and Water Scr\ice to the Orono Ice Arena - Resolution The Orono Icc Arena project requires the extension of both water and sewer service to the arena site. This involves a 700 ’ extension of a water trunk line, the installation of approximately 1,000’ of sewer force main, and the installation of a grinder pump/lift station. The first step in moving this project forward is to order the City Engineer to prepare a feasibility study. COUNCIL ACTION REQUESTED: Motion to adopt a resolution ordering a feasibility study for the extension of sewer and water service to the Orono Icc Arena. 1 A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE INSTALLATION OF MUNICIPAL WATER AND SEWER TO SERVE THE ORONO ICE ARENA WHEREAS, the Orono Icc Arena project requires the extension of both municipal water and sewer service to the arena site, and WHEREAS, the City Engineer has provided preliminary cost estimates for the water and sewer extensions however additional information is needed in order to establish the feasibility of such a project, and WHEREAS, ii e- proposed that municipal water and sewer trunks and/or laterals be constructed to serve the Ice Arena site and that the benefitted property(s) be assessed for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429. NOW, THEREFORE BE IT RESOLVED, by the City Council of Orono, Minnesota thiit the proposed improvements be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and whether it should best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. Adopted by the City Council of the City of Orono this 9th day of December, 1996. ATTEST;Edward J. Callahan. Jr.. Mayor Dorothy M. Mallin, City Clerk ^ J Bonestroo Rosene Anderlik & |\ I Associates Engineers & Architects Bonestroo. Roserte Andc'lik Assoa^tes. tnc is «if> Affirmative Action Tqu,^l Opportijnity fmpioyrr Pnncip.^ts Otto G Bonrstroo Pt • Joseph C Anderlik. Pt • I Snrv^l^ PE • Rich^'tl £ Turnt*' P£ • Cile^n P Cook P[ • Thomas f No,t's Pr • Rot)**ft G Schunicht. Pt • Jerry A Boordori P£ • Rjtert \AT f^os**ni* PE c»nrJ So\^n W EOerltn. CPA Senior Consuit««ntS Asioci.itc Pfinc pAis Hii^v.irj A S/^nford Pf • Ke»tti A Gordon. P£ • Robert R Pfefferle. PE • Rith.wd W Eostei. PF • D.»vid O loskotd. PE • Robert t Pussek, Al A • Wt^rk A Hanson. PE • Micnae' T Rautmann PE • Ted R Field PE • Kenneth P Anderson PE • Mark R Rolfs. PE • Sfd»u*y P »fnsr>n P£ I S • Rut ert F Kofsmtfh Offices St Paul. Rocr»rster yiilim.ir and St Cloud. M!M • Mequon. \ll s:-m.,. -K^OUVe, ) d .*A ft/ft» / VO.. i ♦ % > Decembers, 1996 OEc 9 ^>'i'Y op 199$ Ofto^o City of Orono PO Box 66 Crystal Bay. MN 55323-0066 Attn: Mr. John Geihardson Rc: l*ay Request No. 2 Lift Station No. 28 Renovation BRA File No. 13968 Dear Mr. Gcrliardson: Enclosed are four copies of Pay Request No. 2. We have reviewed this request and found everyihiivg in (>rder. We iccoinmend payment to the ( ontraclor in the amount of 0 2 If you have any questions, please contact me at (612) 604-4842. Sincerely, BONESTROO, ROSENE. ANDERLIK & .ASSOCIATES. INC. % Mark D. Wallis. P.E. MDW:klg enc. 2335 West Highway 36 ■ St. Paul. MN 55113-3898 • 612-636-46C0 Bonestroo ^^Roiene AndertkC^ AssodUcs SUMMARY Original Contract Amount Change Order - Addition 3 Change Order - Deduction 4 5 6 7 8 9 10 S $ Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 5% Subtotal Less Amount Paid Previously AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: BONESTROO. ROSENE, ANUERLIK & ASSOCIATES, INC. $ S s s $ $ s s Approved by Contractor: Ford Construction Co. Inc. Approved by Owner: Citv of Orono Specified Contract Completion Date:Date: Owner:Cilv of Orono. 2750 Kcliv Parkway. Orono. MN 55232 Dale: December 3, 1996 Fur Period:September 10. 1996 lo December 3. 1996 Request No: 2 Contraclor:Ford Construction Co. Inc.. P O. Box 667. Excelsior. MN 55331 i REQUEST FOR PAYMENT LIFT STATION NO. 28 RENOVATION File No. 13968 I'l-jf.A H»o-c4 I;:....'. 69,872.00 69.872.00 63.699.80 0.00 63.699.80 3.184.99 60.514.81 5.061.89 -55.452.-9e- l:\139M 3963'nEQUEST2WB2 Contract Unit Quantity Amount No.Item Unit Quantity Price to Date to Date 1 Install s(xJ SY 50 5.00 *1 Install 6** sidewalk SF 75 4.00 75 300.00 3 Install 3/4 “ rock drive CY 4 25.00 4 100.00 4 Install 6* Colorado Blue Spruce EA 3 400.00 2 800.00 5 Provide temporary controls, pumps and piping for interior conveyance LS 1 4.000.00 1 4,000.00 6 Provide lift station demolition LS I 2,500.00 I 2,500.00 7 Install new pumps, piniag, vaiwcs, top hatch and slab per Section 11306 LS I 35,522.00 0.90 31.969.80 8 Install new control panel, base slab per Section 16903, including base bid dialer LS 1 26.CKJO.OO 0.9 23.400.00 Total Work Completed to Date $63,069.80 Alternate No. 1 9 Provide improved telephone dialer specified in Section 16903 LS I 700.00 0.9 630.00 Total Alternate No. I $630.00 Work iinpleted To Date Alternate No. I TOTAL 63,069.80 630.00 $63,699.80 l:\139\13968\BEQUEST2.WB2 PROJECT PAYMENT STATUS Owner Cuv 4)1 Oront* Project No. File No. Contractor 1396S 13968 Ford Construction Co. Inc. CHANGE ORDERS No.Date Description Amount I 3 Total Chanee Orders PAYMENT SUMMARY 1 Start 09/10/96 5.061.89 26642 5.328.30 09/10/96 12/03/96 35.452.92 3.184.99 63.699.80 3 4 5 6 7 8 9 — 10 Material on Hand Total Payment to Dale $60,514 81 Original Conlrael $69,872 00 Reiainaue, Payment No. 2 3.184.99 Change Orders Total Amount liarncd $63,699.80 Revised Contract $69,872.00 I.\139\13968\REQUEST2.V;B2 1/1 Bonestroo Rosene Anderlik & Associates Engineers & Architects Boneirroo Raene AnOerUk jtna me is An A//irrr.»hvc* Aevon Opportunity frnploye- PrmetpAts Otto G Bonestroo P£ • Joseph C AruJerlih. PE • Marvtn L Sorv^** P£ • Pich«ir<3 £ Turner. P£ • G>enr P Cook. P£ • Thomas £ Moyes. PE • Poberf G Schonicht. PE • Jerry A Bourdon PE • Pobert M/ Posene PE And SusAn M Ebertin. C PA Senior Consuit.vits AisociAfe PnncipAts MowvArd A Sanford PE • Ke'th A Gordon. PE • Robert P Pfeffcrle. PE • PichArd W Foster PE • OAvtd O Loskota. PE • Robert C Russen. A l A • Mark A Hanson. PE • Michael T Rautmann PE • led K Field PE • Kenneth P Anderson. PE • Mark R Rolfs. PE • Sidney P Williamson PE . L S • Robert F Kotsmith Offices St Paul. Rochester Wiiimar and St Cloud MN • Mequon ' ““ Decembers, 1996 ^ ^ ^ ^ . '4 nnt /'^owto, »*g:c~rjErr»rj City of Orono P.O. Box 66, Cry.stal Bay, MN 55323 Attn: John Gerhardson Re: Old Crystal Bay Road Walkway MSAP 152-102-12 Our File No. 13966 Dear John: City ® 199$ • • a ..AIAJ:-___ tfiniiiMirrfrii:rrr-i-rraariintu i YrB ~ ■.i Enclosed please find three (3) copies of Pay Request No. 2 for Old Crystal Bay Road Walkway. This portion of the work has been satisfactorily completed and we recommend payment. If you have any questions plea.se contact me. Very lady yours. ROO. ROSENE, ANDERLIK & ASSOCIATES. INC Harlan M. Olson HMO:gs 2335 West Highway 36 • St. Paul, MN 55113-3898 • 612-636-4600 • ry LJLtnLMtaiiBL. Owner:City of Orono, 2750 Kelly Pkwy, Orono, MN 55323 Date December 5,1996 For Period:November 8,1995 to December 5, 19%Request No. 2 Contractor Hardrives, Inc., 9724 - 10th Ave. N.. Plymouth. MN 55441 REQUEST FOR PAYMENT OLD CRYSTAL BAY ROAD WALKWAY MSAP NO. 15M02-12 File No. 13966 SUMMARY 1 Original Contract Amount 2 Change Order • Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage S% 9 Sub-Total 10 Less Amount Pai d Previou stf 5 11 $ $ 'V.* ,■ « . I*t. AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ $ $ $ $ $ ■cMB'S'SHKr . 56.628.96 56,628.96 56,314.65 56,314.65 2.815.73 53,498.92 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor: HARDRIVES, INC. Approved by Owner: CITY OF ORONO, MN Specified Contract Completion Date: October 15, 1995 Date: I3966\rcqucst.wb2 • • No.Item Unit Contract Quantity Unit Price Quantity to Dale Amount to Date 2021.501 Part A • Old Crystal Bay Road MSAP 15M02-12 Mobilization LS 1 $4,000.00 1 4.000.00 2101.501 Clear and grub trees LS 1 5,885.00 1 5.885.00 2104.501 Remove CMP or RCP culvert LF 110 5.35 110 588.50 2104.513 Saw bituminouo pavement LF 1.060 1.30 600 780.00 2105.501 Common excavation CY 515 4.50 500 2.250.00 2105.521 Granular borrow (CV)CY 350 10.50 175 1,837.50 2105.523 Common borrow (CV)CY 850 4.50 600 2.700.00 2105.535 Salvaged topsoil CY 210 3.50 66 231.00 0112.602 Subgrade preparation SY 830 0.30 830 249.00 2211.501 Aggregate base. Cl. 5, 1(X)% crushed TN 117 7.35 125 918.75 2211.501 Agg.base, Cl. 5, 100% crushed (walk)TN 520 7.65 648 4.957.20 2211.501 Agg.base. Cl. 5,100% crushed(dwy)TN 11 7.85 15 117.75 2331.508 Bituminous material for mixture TN 22.00 136.00 22.90 3,114.40 . 2331.508 .Type 4 L wearing course mixuite...—r TN.:. .. ...r-. ' 6 Lr"-------48,25^.55.U- 2331.514 2331.518 2331.518 2357.502 2501.511 2501.515 2531.501 2573 503 2575.501 2575.502 2575.505 2575.511 2575.519 2575.531 Type 31 base course mixture Type 41 bit. mixture for walk Type 41 bit. material for driveway Bituminous material for tack coat 15" CM pipe culvert 15" CM pipe apron Concrete curb & guner, Design B618 Silt fence, preassembled Roadside seeding Seed, Mixture 500 Sodding, type lawn Mulch material. Type 1 Disc anchoring Commercial fert., Analysis 20-10*10 Total Part A - Old Crystal Bay Road TN TN TN GL LF EA LF LF AC LB SY TN AC TN 61 17.25 . -67:.- -TT5™ 209 18.70 272 5,078.36 6 35.00 8 280.00 60 1.00 60 60.00 100 22.50 100 2,250.00 4 75.00 8 600.00 965 5.80 1,035 6.003.00 200 2.50 100 250.00 1 161.00 1 161.00 50 3.50 50 175.00 2,660 1.50 2,660 3.990.00 1 161 00 1 161.00 0.5 60.00 0.50 30.00 0.12 428.00 0.12 51.36 $48,893.65 I3966\rcqucst.wb2 • • Part B • Storm Sewer • MSAP152*102*12 Total Part B - Storm Sewer 2501.515 18" RC pipe apron w/trash guard EA I $750.00 1 750.00 2503.541 18" RC pipe culvert. Class V LF 120 31.00 134 4.154.00 SP-2 Construct catch basin. Design SP-2 EA 1 750.00 2 1.500.00 SP-3 Construct manhole. Design SP-3 EA 1 1,017.00 1 1.017.00 2511.501 Random rip rap. Class 3 CY 4 86.00 $7,421.00 Total Part A - Old Crystal Bay Rd. MSAP 152-102-12 Total Part B - Stor..i Sewer - MSAP 152-102-12 Total Work Completed to Date 48.893.65 7.421.00 $56^14.65 T-r tr*.;**: -.srriZT-mnm WT — “ t-.t-t- -—■ I3966\rcqucst.wb2 PROJECT PAYMENT STATUS Owner City of Orono Project No. FUe No. 13966 Coittractor Hatxlrives. loc. CHANGE ORDERS No.Date Description Amount 1 2 3 Total Change Orders PAYMENT SUMMARY No. Period Payment RetaimiKP WSmsi^ 1 Start 11-8-95 45.806.24 2.410.85 48.217.09 2 11-8-95 12-5-96 7.692.68 2.815.73 56.314.65 3 4 5 6 7 8 9 10 Material on Hand Total Payment to Date S53.498.92 Ori.einal Contract $56,628.96 Retainasc, Pavment No. 2 2.815.73 Change Orders Total Amount Earned S56.314.65 Revised Contract $56,623.96 I3966\rcqucst.wb2 .r eot*e^ REQUEST FOR COUNCU. ACTION Dec ^ityop ® 1996 OflOMo DATE: December 5, 1996 ITEM NO; /h Department Approval: Name Ron Moorse Title City Administrator Item Description: Administrator Reviewed:a Agenda Section: Administrator’s Report 3425 Eastlake Street - Carl Jamig, Jr. Request for Waiver of Sewer Assessment Attached is a letter from Carl Jamig. Jr. describing two parcels under his ownership each with a sewer assessment of $8,840. The letter is to request that one of the assessments be waived. Mr. Jarnig plans to combine the two parcels, each with a width of 50’, to create one 100 ’ lot. He is requesting that, since he will need only one sewer unit, one of the assessments be waived. The city’s general policy has been that if the city agrees that two lots, each with a sewer assessment, should be combined to create one lot and one sewer connection, one of the sewer assessments can be waived. If the Council agrees with the proposal to combine the two lots, it is staff’s recommendation that one assessment be w'aived; with the condition that the lots be combined and the cabin on 3425 Eastlake'jStteet bc ’.removed. COUNCIL ACTION REQUESTED: Motion to approve the waiver of the sewer assessment in the amount of $8,840.00 on the property at 3425 Eastlake Street with the condition that the lots at 3425 and 3415 Eastlake Street be combined and that the cabin at 3425 Eastlake Street be removed. 1 1 ■ , . • •i.. —:iw jrM pS^xr - 'Occlk' C'lfy Mry\,n\siyodvr^ ^ (Lurroi-Hy oion ilPo propexficl^^'^ in O^ono irvi<y(L&hdl in Connhin't'ihcrn io £ine icKi<c\<M pl^perfy. ^ puu'cha^cd PIP ' Z3 13 003^ a ISO kh€U)n 05 B so/tMTtI Kjcoji/s aqo. 'This is a doJ^ln used it he. pavi oP ^iubbs /S>A,y fUsorp ^baUl- in o^pp fvXiyiujdeK/ 1^20. ^Thevt, is no PoundicoHdA or platv)biPq o4 bhis lotodi^ 'Wo^e S^. . Sej^bf Ossc5sVv)^'h 193c )uc -/o'4hii- Y\o seu€r cju^ be lru>olUd {jj? \aJ(mA(± U(ic "to d^K -HyM 'ivK<. OSSeSS'^Cyi:*- voe UJa'iiJcdjV -fuji) iricladim pem(f/c>s djrd I" recen-^-ly purrMSeef PIP *<9s'in 25 CUSo ti^ouOA &• |iU^<5t. 'This pirvpe/iy Ko5 On ib ii)bich J- "fo hoifvcs1"€i»Jl -th'.s propgffy hA5 been AbcwAdov\«2f •ft)/ last ■ft^x) uGors oiAd V[Ot> 4he 5omd d'es^^vvycn-b. (xm i,oi(/'Vw -k) ptfLy '~h\c dSSessuTenf- etnd o/vv^ 0/^ my Ddtoesv puinoh&6e (Ve( di'Vi p^cdT^ -iQa/ cUh O ki CAjbin. on. adibinino pndpcr^ if ixic Car\ (AJdiV'iVlq i9nc OP '7t\o '^r*' lAaagfaa^tiiWMii i Hiir^ a^Q:ssiY\eni6. Any hdpih^U X cp- yjM htivc CAnmei" troe.oJ-'. , please Km 425-2-7/'? ^7/- Soss" uJK '4'\5-Q\Jc^ pcuffyS^^' '^r\ocrlKj ^ <ifl-i^l At . Jarnicif Jir. 2Uo o Triiarlaxhe/y ■- ss^ y' 1 . I r- “• T» iw^'W * « I or lot ..............;....................r-^ VIM .•'■ •• '(% >'.H s me9 1 IK. 5 ^.00 ! 336 ?3 .* 31 i V a (41)? 33 3 " (5) V (4) ^ 1 «S 2X IOC 35*. 25 i6J. 125 5^6-0, ■M. 125 2Jin / 5? X I ’f 1211 07) ✓ ( 14) / / I f .::''* ^•-. ( >6) 2.V»- 4». (ID / % ^ >5*00 / * *•.'»•«« ^ 0-9* /•„»«. S l’J3i. I (3^. (I?) >0 « J7i ►Wtx i mi (28) !?>; II vfW)) « V / ."NO"- (X) •89-3i rsr 55 2 •V ___.'CO r-r,r (ID mrs (53) TT7« p 125.25 «!1^« T (30) ” Biv» nV^ (yt) 9 in ^ .t? (36) {33) ’ 5^ _jyV?3 tJTT^5’»ir»£TO7,.W^ i^^|g5iKl)frekWkgiw -4;^ —\ 5? 41 (9) 8.25 /y ^ } I t . ^ /. }®:ii (3^ 13? ■-V'’-^BAY5Te^ R0- »«5i*4?'i3't 76T f??) GOVT lot 3 . il ^ ■' !t:-* 10 0£S GOVT L( >7 /§* /r^ 'P .■^ r.n^iSlZ'3' STOR‘.« SLAER DISTRICT SCHCOL DISTRICT BOUN- a ATERS med DISTRICT iNCREVENT BOUNOARV fOl/; 199$oec 9 REQUEST FOR COUNtTE ACTION DATE: December 5, 1996 ITEM NO: / "7 ^‘*^CPrts I>epartiiient Approval: Name Ron Moorsc Title City Administrator Administrator Reviewed: ^4 Agenda Section: Administrator’s Report Item Description: Acquisition of Saga Hill Tax Forfeit Parcel The city's acquisition of the 9.5 acre tax forfeit parcel in the Saga Hill area for park land requires a resolution restating the city ’s interest in acquiring the parcel and an application for con.eyance of the tax forfeited parcel to the city for a public use. A resolution is attached for Council adoption. Discu-ssions at the Council level, and with the County, regarding the city ’s acquisition of the parcel have included the potential for the acquisition of one-half acre of the 9.5 acre parcel by the Valcks. The city acquisition of the full 9.5 acre parcel for park land at this time does not preclude the future ability of the city to split off one-half acre to be acquired by the Valcks. This would require a subdivision process and a reconveyance of the one-half acre parcel back to the county to be made available for purchase by the Valcks. COUNCIL ACTION REQUESTED: Motion to adopt a resolution restating the city ’s interest in acquiring the 9.5 acre tax forfeit parcel for public use as open space and to authori/e the Mayor to sign the application for the conveyance of the po)perty to the city for a public use. REQUESTING CONVEYANCE OF TAX FORFEIT LANDS FOR FUBLIC USE BY THE CITY OF ORONO ’iVHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statute 282, the City has reeeived from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non-payment of real estate taxes; and WHEREAS, the City Council has reviewed said lands for compliance with IcKal zoning ordinances, for the amount of outstanding special assessment remaining unpaid to the City, and/or for possible public use by the City as authorized by the statutes. NOW, THEREFORE BE IT RESOLVED that the City council of the City of Orono, pursuant to Minnesota Statute Section 282.01. Subdivision 1, hereby applies to the Hennepin County Board of Commissioners and to the Commissioner of Revenue for conveyance of the following tax forfeited land to the City for public use by the City of Orono. PARCEI. RETAINED FOR USE BY 'HIE CITY District 38 IM.D. 07-117-23 23 0001 Public Purpose Open Space Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 9. 1996, by a vote of aves and navs. ATTliST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk .t REQUEST FOR COUNCIL ACTION Dec Q 1996 DATE: December 5, \9^ ITEM NOiO: Department Approval: Name Ron Moorse Title Cil\ Administrator Administrator Reviewed: Item Description: Contract for Janitorial Service Agenda Section: Administrator’s Report After several years of experience with the operation of the city facilities, staff determined the level of janitorial service needed to be increased. The 1997 reflects additional funding for an increased level of janitorial service. Staff has obtained price quotes from two janitorial service firms and has selected the firm that will provide high quality service at a reasonable cost. The firm is Power Clean Company, Inc. a small family owned and operated firm located in Greenfield. The cost for janitorial service 6 days per week is $1,590 per month for an annual cost of $19,080. COUNCIL ACTION REQUESTED: Motion to approve the contract for janitorial services with Power Clean Company, Inc. effective January 1, 1997 at a cost of $1,590 per month. ■IMIH POWERCLEAN COMPANY, INC. 5475 Townhall Drive Greenfield, MN 55357 (612) 477-4477 December 03, 1996 John Olson City of Orono Post Office Box 66 Crystal Bay. MN 55323 Dear Mr Olson We propose to provide the following janitorial services for the City of Orono offices located in Crystal Bay, Minnesota. ■lANHORIAL SERVICES Daily Service-5 Davs Per Week Common Areas (Reception, Lunchrooms, Offices, Hallways, Administrative and other areas) Collect and remove all trash from the building Replace plastic waste basket liners as necessary. Recycling baskets will be emptied and placed in appropriate disposal containers V'acuum all carpets and mats in building Dust all ledges, window sills, blinds, walls, file cabinets, furnace vents and other areas as necessary. Sweep and mop all hard floors with disinfectant detergent. Clean the area kitchen counter surfaces Wipe down exterior of microwaves and refrigerators Clean common entryway doors and doorglass Clean interior partition glass to keep free of fingerprints and other smudges Clean tables and counters whenever necessary. Clean and polish drinking fountains Lock-up all doors and arm security systems as instructed. Police Garage Sweep floor to control dust and debris in garage Bathrooms: Sweep and mop floors with disinfectant detergent. Clean and polish mirrors and sink fixtures Clean toilets and urinals with disinfectant detergent. Clean and disinfect stall dividers and walls. Restock toilet paper, paper towels, soap, urinal blocks, and air fresheners Weekend Service-1 Day Per Week Police Department Only: Provide regular daily service (same as normal weekday service), Carpet Cleaning Steam clean any or all exposed carpeting including hallways and offices ($0 15 per square foot with $200 Minimum Charge). Tile Cleaning Strip and Finish all tiled floor ($0.23 per square foot with $200 Minimum Charge) __________________________ We Hereby Propose to provide janitorial service, equipment, and supplies complete in accordance with the outlined specifications, and subject to the attached terms and conditions included in this agreement for the sum of Onp Thousand Kivc Hundred Ninety dollars ($1.590.001 per month. Acceptance of Proposal The price, specifications, and terms outlined in this agreement are satisfactory and are hereby accepted You are authorized to do the work as specified Payment will be made as outlined in the agreement This agreement shall take effect as of City of Orono . 199_. By:Date: Powerclean Company, Inc. Bv:Date:. TERMS AND rONDITIONS SERVICES: 1 he owner hereby agrees to engage the services of the Contractor to tlirnish the janitorial and related services herein set forth and the Contractor agrees to perform such services to acceptable professional standards and for the compensation herein set forth The contractor ma> perform the services by any reasonable means and shall not be responsible for delays in performance caused by any circumstances beyond the Contractor ’s control EQUIPMENT AND SUPPLIES: The contractor shall tlimish all cleaning supplies and equipment necessary to perform the herein specified work This does not include light bulbs, garbage can liners, or restroom supplies such as paper towels, hand soap, toilet paper, toilet seat covers, deodorants, etc. If the Owner so requests, these supplies can be llirnished on a bill-back basis PAYMENT: Payment shall be due on the last day of each month in which services are performed A late charge of one and one half (1 1/2) percent per month (18% annual percentage rate) shall be paid by the Owner to the Contractor on any past due payment not received within 15/firteen days after the last day of the month in which the service is performed If the account is referred to an agency or an attorney for collection, all costs shall be at the expense of the Ow ner RIGHT TO TERMINATE: Not withstanding any other section or pruvialun ot tnis Agreement, either party may terminate this Agreement upon thirty (30) days’ wxitten notice, at any time, w ithout reason, to the other party's representative at its respective address CHANGE IN WORK PERFORMED: The above price is based upon the areas to be serv iced and the frequency of serv ice outlined in the specifications. If there are changes in area or services, the Owner agrees to negotiate a reasonable price adjustment with the Contractor MODIFICATION: The parties may from time to time request changes in this agreement Such changes, including any increase or decrease in the Contractor ’s compensation which are mutually agreed upon by and between the Owner and Contractor, shall be eft'ective when incorporated in written amendments to this Agreement INSURANCE: The contractor shall maintain liability and property damage insurance in form acceptable to the Owner, in full force and effect, throughout the term of this Agreement The Contractor shall furnish to the Owmer upon request a Certificate of Insurance evidencing such coverage. INDEPENDENT CONTRACTOR: The parties intend that the Contractor in pertbrming services herein specified shall act as an independent contractor and shall have control over the work and the manner in which it is performed The Contractor shall select its own employees or agents and such employees and agents shall be responsible to the Contractor. CONTRACTOR’S EMPLOYEES: It shall be understood and agreed that during the term of this agreement and for a period of three (3) months thereafter the Owner will not directly or indirectly hire any employees of the Contractor HOLIDAYS: The Contractor is not obligated to perform services on the following statutory holidays New Year's Day, Memorial Day, Independence Day, Labor Day; Thanksgiving Day, day after Thanksgiving Day, Christmas Day Services on holidays when requested by the Owner shall be performed at twice the normal daily rate. APPLICABLE LAW: This agreement shall be governed by the laws of the State in which the services are performed If any provision in this contract is held by any court to be invalid, void, or unenlbrceable, the remaining provisions shall nevertheless continue in fiall force. ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties All prior negotiations between the parties are merged in this agreement, and there are no understandings or agreements other than those incorporated herein. This agreement may not be modified except by written instrument signed by both parties. . Department Approval: Name Ron Moorse Title City Administrator '^^-C/U»EE7»,g dec 9 2995 REQUEST FOR COUNCa ACTION CITy op OflONo DATE: December 5, 1996 ITEM NO: J ^ Administrator Reviewed:Agenda Section: Administrator’s Report Item Description: Resolution in Opposition to Vending from Watercraft on Lake Minnetonka I’he I^ike Minnetonka Conservation District is in the process of reviewing a proposal that involves the sale of food and/or merchandise from watercraft on Lake Minnetonka. The Council at its November 25 meeting directed staff to draft a resolution in opposition to commercial activities on the lake so that the city’s position could be made clear to the LMCD. A resolution is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution in opposition to vending from watercraft on Lake Minnetonka. COU/vc, REQUEST FOR COUNCIL ACTION ^fc 9 1996 0^»0MoDATE: December 5. 1996^ ITEM NO.: . Xl J Department Approval: Name John R. Gethardson Title Public Works Director Administrator Reviewed:Agenda Section: Public Works Item Description: Winter Use of the Golf Course 1996-1997 Season For the past two years, the City has opened the Orono golf course clubhouse during the winter to sell concessions to the persons that use the golf course grounds for sliding and skiing. Although the opening of the clubhouse and the selling of concessions has not paid for itself, the Park Commission has recommended to increase the amount of time that the clubhouse will be open. Schedule The clubhouse will be open with the following schedule December 26-30 (Christmas vacation) January 2-5, 11. 12, 18, 19, 25 and 26 February 1. 2. 8, 9. 15, 16. 22 and 23 March 1, 2. 8 and 9 12 noon to 4:00 p.m. All days and hours are contingent on weather conditions and availability of personnel Cost fhe cost for staffing the clubhouse and miscellaneous expenses is estimated at $800. COUNCIL ACTION REQUESTED: Motion to approx e the additional use of the golf course clubhouse and the related additional costs. ^EC S 0 1996 REQUEST FOR COUNCIL ACTION OfiOMo DATE: December 5, 1996 ITEM NO Department Approval: Name Ron Moorsc Title City Administrator Administrator Reviewed:Agenda Section: Administrator ’s Report Item Description: Park Commission Vacancy The Park Commission currently has one vacant position. In response to an advertisement regarding the vacancy, the city received four applications. In addition, there are four candidates who applied to fill a prior vacancy who may still be interested in serving. Applications of each of the candidates are attached. The Council may at this time want to determine the process to be used to select a candidate to fill the vacant position. COUNCIL ACTION REQUES l ED; Motion to establish the process to be used to select a candidate to fill the Park Commi.ssion vacancy. 12'02--96 0S:55 FAX 612 379 4679 TRI-TECH ELECTRO ©001 APPLICATION FOR CITIZEN ADVISORY COMMISSION ficy w I. •.V -k’ V \ •'t\ I'> I .- t: ■v'V' CITY of ORONO NfimicipaJ OfTices Street Address: 2750 Kelley Parkway Orciio MN 55356 Mallinf Adflr*^i! P.O. Bsx 66 Crystal Bay, MN 55323 OOsS Commission Applying For;Parks Commission □ Planning Commission □ Community Task Force (Name) Name S h n 1 1 V T, 1 t s p> 1; •i c; r- Address 3*590 Birch Lane PostOffice&ZipCode Orono, MK 53391 Telephone (H) 012/471-7255 (W) 012/379-<.*i07 Resident of Oronu ____years Work Experience: Employed as a booklcec'p;-‘r for a comnorcial electrical contractor. Previously vorkejd ii years for a conmnrrial general contractor. Education: _____GraduatP of Pohbinerna l <^-ronna-r U { rrh ^<-nnnt ._B3__in_r n-ti i c> front the llnivnrsity of Minnesota, continuin-,! education courses iri Accounting and cor.puter softvnro anc* hardware. Civic and Volunteer Activities (past and present): none Tekphoue (612) 475-7357 • FAX 475-4)510 12 02 96 0S:5S FAX 612 379 4679 TRI-TECH ELECTRO ©On 2 —to gorv ^_gn Lhe F>^r>;£ , t ^ «s 1 on ? t; p; v. n^rn" needs ' —- ■ .Mfc.—.M. ^ ^ ^ *>,i ^ r, I* * .n_ .eeve lopner.t If' ^ ?^eat^^n^L'LtainCLt^^'a «_nd beyond. I want see"Sono -------------------------------------------------::-n!j.t,ut al envi ronn^ ^nt. To do t h i «; it h ^ ^ ^ sor.eone vho can listen to all sides of th° issue rt ^h^T'eT'^ can stand bsci-:-ard onidr. u ..i. . " takes soneone whc aTd nnr» i- ---g-^AlLgP-_->?£Oi\£I^>, tho^uc£n^_j^l in;r-ion^ and more Inportantiy, reasonable scrst-av- ^ long term goals of tho Citv of oroMr, t'-Jljli.” -O achi eve thei^ng^0£alf.,°^ th. °rder^to^ ^ tin cl ^ j .. . ■“ ' ---------------------------------------------------------------------— -------------------------------------^--Z Bno balance between all sides is vhat natters. What IS your view of the role of the Commission? I believe , that the ±iie - - r,^.— ^ 1 : r— ■ -i .— —— ■ — ...........................——..I.—<SX i. KJ rinite. Any decisions that v/e n^k^- todav v'i i i h^Z7^I~~rZ7~t TT": lor generations to come. Th$» conns fcc:-i ^ lasting raruiicatio cT7v >-0,7777:77-^77—77- - -the strLerthan^x::Ks^;g the'future!"" thinking, and guidance' ^o formula Other Comments: {Use tins spacp tn include any further information you would like the City Council to consular, or that you fnni is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) I linve t-moverf 1 i vU iU _ia_J2rQIia ..n—l.,.I.-tr3r_!_t.n .con f-i ^ in.c. tho r.c-.xt, Ectury. Th,- r.etrcpolitan ire. i ,s QxpsriTtEi^^T^^ordi, c_en^^ or. ^Ifs United nj-tuirU r^gc-.i. rc-^ . t.. t.-a_aa_a. _conn.un- these decisions will guide us into the ne.\t century and beyond. -•L.J L^,Yg_.^o _^gerj.ence a2j_ii;>j:^.g.S^_iio 1 lt-iit.g d E^_-onr^.-xv...,. r 1 . _ Strong sense of community aiid have a strong d-ZJ7T7^r~^"T^ I understtind this oppornlrnent rhay^bo^Iscussod'tif a piI^lcPiTiyoting. * K Sig^^oature >? Decernhf}r. 1QQ$ # *NOTE:Volunt66r coniiTJ/!^.^ion mo/nbBr's ncime, t^ddr&ss ond phonB nunihcr will become public information. 0-43«9i.3 FP01 : G P+OC HO. : C12 471 0ti.72 t>«c. 01* 1'3'aii llTii^rfi PI APPLICATION FOR CITIZEN ADVISORY COMIVIISSION Post-it* Fax Note 7671 C' .) r. o COv'DriJ Co ‘- ror»< • ^ _ C S/O tt Parks Commission James C. Berg 2655 Lydiard Avenue Excelsior. MN 55331 _______________________________________ 471-7462, residence and 934-0064, biisines.*; Resident of Orono 17 years Work Experience: Investment/insurance advisor, sales manager, marketing executive and soles trainer over the past 20 years. Education: Graduate of North High School, Minneapolis and University of Nehraskn (B.S. in Business Administration); attended Master ’s Program at St. Thomas (1 year); attained Chartered Life Underwriter Designation (CLU) through course work at the University of Minnesota. Graduated with honors from both high school and college; invited to join Beta Gamma Sigma, business honorary. Oarned 100% of college expenses tfirough part-time jobs. Civic and Volunteer Activities (past and present^: Active member in my church; active in fund raising, welcome ministries, and annual raffle {0 years). Currently, Board member of the following: Ridgcdale Alternative Program (RAP), and Sales and Marketing Executives (SMH). Member of Forty-Niners Business Development Group. Past Board Member of Network Professionals and Toastmasters International. Volunteer and speaker for various Job Transition Groups and churches. Please state your reasons for wanting to serve on this Commission. My parents grew up in the VJay?ata area and gave me an appreciation of the beauty of our area, and a resfioci for our unique natural resources. In addition, I would like to be more involved in my community; and friends have suggested serving on the Park.s Commission. FRa t ; G PMOtC MO. : 612 a?l S672 D«c. 02 1996 il:2I‘Mil P2 What is your view of the role of the Commission? The Parks Commission is an advisory commission which ros'Parchos issues and makes recommendations to the Orono City Council. Other Comments: I look forward to sorving the residents of Orono. I understand this appointment may be discussed at a public meeting. APPLICATION FOR CITIZEN ADVISORY COMMISSION '‘• V J . v > ■ etc CITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 Commission Applying For: Parks Commission □ Planning Commission D Community Task Force (Name)__________________ Name ^ tc M-iW?_______ Address Q,'~?Co s. Post Office & Zip Code Telephone (H) ^C.(W) Cri- 3-2/^Z-I^o Resident of Orono I years. Work Experience: I t eS" " f *l 1 LBt> /'c H!C. A'VueATl ia1c..S)ot^4vo '5 , Vu/tcfhM-, ^ 5~- /^c, 9 j-ua*Tr. /VI»mHg«**g»gr 5ui/g^wstr»c- Education: ^ _____pAX.TV*1do^H Co^l~€G€ j AJkf lO tAt^BfQcAP \»J PnAx^nt^tct^ ^T\A> t^J Civic and Volunteer Activities (past and present): Tc>Tfr< (v<L /roiugrs. c tty <^uauxpdef> - Att//1pv I A/re-^? <7|£tv.gu ^t<cis AfcTIvg P>^T»*t»vTH C^ctCke STVDg>c/rt C M ^ I - fX.c?s«^,uTj Telephone (612) 473-7357 • FAX 473-0510 Please state your reasons for wanting to serve on this Commission. {Please be as specific as possible. Use additional sheet if ntx^essary.) fVTT»4c ueO ___ _________________________________________ What IS your view of the role of the Commission? Other Comments: {Use this space to include any further information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) iA t'xWc -H-C~V)____________________________________________________________—— I understand this appomtment may be discussed at a public meeting. I 2-h h NOTE: Sigt^ature ( D*** Volunteer commission member's name, address and phone number will become public information. i 040896.2 Please state your reasons for wanting to serve on this Coiniiiission. My grandfather was a recogni/ed and well-known conservationist and outdoorsman in Pennsylvania, As such, 1 grew up with a strong appreciation lor the powerl'id role that natural open spaces can play in a person ’s physical, emotional and value system development. Having lived in the city of Chicago for years. ;md then in a typical suburban Chicago "collar ” community, our move to Minneapolis in 1995 was .spuned by a desire l(>r a better quality of life lor me and n\y family. In Orono, we found a home with incredible open space and natural beauty-something we had always yearned for. yet was not acce.ssible in Chicagt). i\ly objectives in being on the commission are fourfold. First, 1 have a desire to ensure that Orono ’s park resources are pre.served for the future. My family and 1 are frequent u.sers of Baker, the Luce Line trail, and Btederman park, and discover new natural re.sources regularly. I hope to foster the belief that our parks arc an asset which help to build a stronger community and advantage all of the residents of Orono. Second. I want to ensure that the tremendous number of new residents to this area have an understanding of our Parks issues, and a c»>mmitment to the pre.servation ol Orono's unique natural re.sources. As (me living in an area with 14 new homes and additional construction nearby. I am uniquely able to solicit the participation of the.se residents and ensure that the Commi.ssion's initiatives are communicated and understood, d hird, I have a desire to make a tangible, long lasting commitment to my community. The parks commission provides an opportunity to creak* a legacy which will benefit future residents. I wish to preserve the natural resources which have made file here so wonderful lor me and my family in the hope that others may enjoy it as we have. Whnt is your view of the role of the Commission? Webster provides five definitions for the word "park", most of which assume that the land is privately owned and/or ulili/ed for some commercial purpose. However, there is one definition which 1 believe should guide the decisions and actions of the Parks Commission; "an an a maintained in it's natural state as public property ”. /Webster's New College Dictionary/. My belief is that the I’arks Commission must acknowledge and balance the concepts of demand, preservation, access, vision and accountability in carry ing out it’s mission. ♦ Dcniand: 'I'he incredible growth of Orono and the western .suburbs has put increasing demand and pressure on existing parks resources. This must he acknowledged, especially as it relates to future parks planning. ♦ Preservation: The need to preserv'e and protect the unique open space feeling and resources which attracted all of us to Orono in the first place. ♦ A_cccs.s: The recognition that Parks resource must provide access to all Orono residetiLs who fund the parks Commission ’s efforts throuuh their tax dollars. « Vision: A vision for the future of Orono and a mandate to anticipate, rather than react to, future parks needs and opportunities. ♦ Accounta bility: A rec»)gnition that the cH)mmission must be fiscally accountable for it’s actions. other Comments As 1 ponUcrcd this application. 1 found inspiration in the words of Aldo Leopold: "In short, a land ethic chani;es the role of Homo Sapiens from conqueror of the land-community to plain member and citizen of it. It implies respect for his fellow members, and also respect for the convnun ity as such." f Aldo Leopold, A Sand County Almanac) 1 hope to have the opportunity to bring my talents to bear on the Parks Commission, whose decisions wilt have a long lasting impact on the city and it's residents Thank you for your consideration. 1APPLICATION FOR CITIZEN ADVISORY COMMISSION GlTYof ORONO Municipal Offices Street Address; 2750 Kelley Parkway Ofono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 Commission Applying For: ^ Parks Commission □ Planning Commission D Community Task Force (Name)__________________________ Name________________________________________________ Address (jOe^-V Post Office & Zip Code Qromo b'5 3^M Telephone (H)(W) Resident of Orono years Work Experience: Oi rc?<sKj r O'T'cTotr\rr>Lin'\cr<.A-\^r»‘^3 Aor>V><crs^ V\> p UL^W c- ^<?\ ^ s g r VAo uj>g IV______ pLA\:?^\c•_ Qj< \ «r-Vv:?o5 ^ S'V^^ '~T'^' o<^ Education: JI!r^oXc(pc^rv^onV S'Tv-xc^'^^ P?=-ocX'y? PvG~> (Aowjgr S ^ ~T rrV<2.c AOvvrr'»^\^Sm ^ 0<^v^\o/- IAaW€‘(''5iV^ j CA<^^ygf^iV^ ^cP U_OLO«^ Civic and Volunteer Activities (past and present): CVa<^’\ UO GV^g:oV<H.r r^V ^'fNCJS>C)V*^ L<^^^cX Ac:K\j\^^r^ OUilciXe^ Pores-y, n<-/vAg t^n SA. to urr^c: r ov->sS VDO<^r«^ S . '\L i 'HVg B rO~VV^C?<^5 y->jC.'V''D''P‘'^^ \OO^YC>\ Telephone (6U) 473-7357 • FAX 473-0510 % Please state your reasons for wanting to serva on this Commission. {Please be as specific as possible. Use additional sheet if necessary.) c.c\cX \Arr g YG p {v-j ^ ^Olx-V Or D AO <-* V^gcr<gc.^rbo^ ( rgr>ot-^-rCe5: ^ Y<gy \t^us p<2.("^(T'n^( -Cmr ~K.-c=^ ip^V>V\<^ *1> *SpOr-l~'S r re<^/~I r>>^rh-oS -Tor CsVl^Z-Cr^S CrC ^A\ ^ A rc<-^on<Vc>ig ^/>oo-^o-V o~^ opeo "Sp^c-Of^- <^r>cA______ \ <>€o'^\V\Me rA^\jelr:)OrT"eoV ~~Vo '^^>/p<por^V Or"C>r>0 3 gr . What is your view of the role of the Commission? b Sgr\)^ 4~V-g <Ci~V^ Go-or^c:^\ vn. \-V!^ r'Aocxyrpo o>^ rg\^-V-e-cX -^o -V^wc? Other Comments: {Use this space to include any further information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) I understand this appointment may be discussed at a public meeting. Date **NOTE:Volunteer commission member's name, address and phone number will become public information. 040896.2 JT- * Tt /CITYof SI (fo > MunidsaJ O^ces Post Ofice Box 6d • Crvral Bar, MLiaesoLi ££323-0066 \' :m^urz. A.// rt ^.7 0]r.TY CF ORONO telephone -473-7357 • EOZ-473-0510UBEdU^Til — ^ • application for citizen advisor ? commissions ___TO '2 ,719S5 Cor-nission Applying For: Pai;3<s Conrnission ] Planning Cornraission Cocununity Task Force (Nane) Name ‘RICHARD P- MEYERS Address 2195 Bawipw Place. Orono Post office & Sip Code Telephone (H)471-8288 (W) 348-6589 Resident of Orono years Work Experience: .. . . bounty Sheriff's napartnent 18 —past five years a ....... n.nutv rn-pons lMe for the South_LWest Metr. region; Previous five years ,o the Patrol. Lake Mlnneto^ Education iT.Knn Studies Universltv of Minn€sota__1976D A UrP?’-n ---------------------------------------------------------- .. ■ ..fe. cu.rlculu. and Ins.ru^n University Civic and volunteer Activities (past and present) : ' c t-Ko ririr.ens A<lvlsor v Conni tree foi' the Minnehaha §tat__ ___ rhnirr^^ CLtUS------------- Lake Park renovation. ~~~^Menber of the planning co,^itr^(c^ Cedar La >^---------------------_ tion M * • • • il -^O O'\. :i r \. ?xi OfSrt Bex >-. ^ , Cr/wJ Bsr. MIr--«*-'« - r. ^ W’?-. ,r,>:fci ;* 5r.>'7XlXi>HONX*-»BJ-r3r7 • eoc.4 tK»'*3 ?//Vv^>-r. «?PLrcATic:i ro^ CITI2Z^* nDViSOP.I CCM-ISSIOKS Cen'-'nissior. Applyir.c rcr. ?^P3r:<s Ccr-i s s i c -- /'/ c ) \/\or.T. i s s 1 c: jt / A‘ ‘ \ c Tesk Force (Man-.e) I » • «iB • * A «• ^ ttsr^G Adcrer,,-?7- /• •>/ •'_-•’ VI.^ t- t. 31? C0<i« ^ss’-y / TQIeohone (H) /.7/ - ^(W)t'i*’’ '' y ^ .m-* / ^/‘V.i ■• > sicent of Orcr.o 7 veers Work Experience: Education J/- ------- fc^i-ivitiea (past and present)Civic and volunteer Activities (pa <7y /(Lv ■: > ■ • / / ■ ■ ***• . - / ------------------------ c 15 * rf* l^Jlrr i ^ t:. ; .- • #n.• • fnr w?ntinc to serve cn this Ccnriissicn l^lekse state your /possible'. Use additional sheet if e as specific as(Please b necessary*) <, M/ *; A- A,^fA ____L / *.• ( ^ • * ••• * •/ • /v.* .» ~ -" **~ ✓> ; . .' • .. of t^v* -olc of the cosaission?What is your view of t.*.- - /H'v 44/;^ rj_£z:^'^ A •• .* ‘ A-/ /^\r^fv-Z ------------- :: . y ^ ^ " \ , ••■■' • ’'/I*. /' • __^'Z;:>iis=—a -r— - ■ '/ ■“ Z^/---^■>- /Z-* -C-a:-.z ^ ■ .T -------------- .• i.j .*•; r- K, ^ ^ -------------------------------------------------- ^ c'',V A^/. .XX' -r>- /Vr^ ^l. C ^J ^ ' • Other comments: cft^^ Counci j” to consider, inforno^ion y-e^ant^o tb. ”lo ^rao attUh oJher materials you would lixe tB- consider •) under s t end this appointment may be e discussed at pub 1 i Date 4 ^ *MAMIE M. JIN 3721 Casco Avenue Or:,no. ‘•‘^i 55391 Hc'ne: (612)^71-8369 VJorc (612)673-7039 NOTABLE MANAGEMENT ACCOMPLISHMENTS 0 o o o o Restructured end rtanaaed a ir;ar,uf3cturing service business to reverse a net los*: in me crevious yea^ to a net profit in the following year. Deve-ccec ere ir.stallec a Droduct1cr_cont^cl and inventory tracking systen wnich recuccc inventory levels oy SdOO.OOC in a t'j’*naroL;’"d situation. Ccoramatec t.^e rec^gimzatic^: ir a mic-slzed cenpany fron functional departments to four "business units while implementing rmiltiple wonk redesiens fp'- one of the units. Conceived a.nd initiated an exce^inental tean which reduced errors by 50 percent and cut turnarounc time by 66 perce.nt. Cevelcoec business plans and financial pro*ectlons for start-up companies which resulted in the attainment of bank financing. EMPLOYMENT HISTORY ■ Tribune. Minneapolis. MN: 2/90 • Present '•Present. Director of Planning and Administration (Marketer Customer Unit) Coordinate and facilitate business planning, budgeting, reporting, resource allocation, end docisior "aking. o c Star Tribune. Minneapolis^ MN: 2/90 • Present 1992 o resource allocation, end decisior "aking. Integrate culture and orgamzaticnai change strategies and efforts. Provide leccersh’p in the definition and establishnent of business and qua!ity measurements. ... , ^ Assist market groups in developing cuallty/customer satisfaction strategies end ccordmate efforts. Provide financial end operations nanagement for department, which includes facilitators ana specialists. 1990-1992, Customer Quality Systems Manager o Manaoe special projects, including formation of a customer satisfaction prooram. ’ s”uDPort of redesign efforts, developm.ent and management of sales ince.ntive prccram-s. development of new adve-'tising policies, generation of special ^inancia' analyses, and initiation of customer satisfaction data collection. o o Provide financial and eperations managem.ent for the Advertising Customer Satisfaction Department. Grant Thornton Minneapolis. MN: 5/83 • 11/69 Senior Hanagemient^Consultant o Advise arc help clients to imir.uv.^c u..- help clients to improve profUability and business operations, c Precare arc present seminars for enhanced client service and lead aeneration. Ditec Corporation. New Hope, MN: 6/81 • 5/88 1985-1988. Controller and Operations Manager o Coordinate and manage operaiicns area. • • ^ I « • ^Oversee accounting functions, including production and analysis of financial statements and m=n,=.gement of cash accounts.« I MCI 1 U 1 ^ LG ^ n C UMO ir- V. 1 L VI ^ J . o Direct efforts for new medical product ventures and produce business plans. 1983-1985. Project Managerri ^ j 111 J o Develop and implement the cempany s re.v computerized databa.se and accounting systems.GUV-wUi iLMly o Initiate new quality/statistical control programs and processes. EDUCATION College of St. Tho.'rias. 5t. Poul. MM. Masters International ManaoeTent. Additional Marketing.Ccurse^ork; Corporate Ventur:r,g. Strategic f'anagenent. University of Minnesota. Mlrncapniic. f*'?;. Bachelor of Arts. Maipr: Political Science; Minor; Speech-Corrrr.unl cat ions. Acaitlonai Coursework: AccoLinting (degree equivalent.''approved for CPA E.xan,). Business. Econon^ics. Orgamzaticnal Develo.or-ent . Professional Dcveloonent Seminars: o Star Tno'jne; DO! Interact ion Men; Larry Miller's Design for Total Quality o o ■AQ- Fall Fc''U7i: Ene-ging Issues In Participative Leaoership American Marketing Assoc: Measu^'inc Customer Satisfaction and Quality Grant Tnornton; Sales arc Proposal Seminars University of Minnesota: Industrial tng Mgxt: JIT; Leadership Oevel Prog Princeton University Business Tcmmorro.% VIII Conference (1 of 2 students cnosen to represent the University of Minnesota) o o HONORS AND AWARDS c o o o star Tribune Finance Division Award for Outstanding Employee Contributions (Awarded within 4 months of employment) Who’s Who in American Colleges and Universities Julia Carson Scholarship for LeaCersnip in tne Minnesota Union University of Minnesota Student Leader.snip and Service Award - Granted three times Order of Omega Honorary Fraternity: Rno Lambda Honorary Sorority CURRENT AND PAST ASSOCIATIONS AND AFFILIATIONS 0 American Production and Inventory Control Society (CPIM Certified) o Association fc" Duality & Participation. Regional National Team Comoetltion Judge Kotanam. Boara^Memberu o o c c o /'>w o o A.ncka County Cnamber of Ccmnence. Business/Ec'uc Partnership Chairperson Leaoership St. Paul Progr-an. St. Paul Area Cnamber of Commerce Minnesota 100. Program Participant.'Mertee American Society for Duality Cont''ol. MM Quality Conference Committee Maple Grove Perk & Rec Board. Beard Hamber Minnesota Council for Quality. 1951 MM Quality Award Examine.’ U.S. Tennis Association. Teaim Tennis Co-Ca:tain Minnosotc Union Coordinating Board (Policy making board for University Student Center and two Unions), Board Chairperson. Lo.ng-Range Planring/Finance Chairoe^'scn. .Activities Grant Fund Chairoerson Coffman Union Program Council. President. Vice-President of Finance, Current Events Programming Coordinator Greek Release Newspaper. Editor-in-Chief REFERENCES References, a consulting resume with ite-mized projects, and/o.'" a complete list of business accomplishments, business courses/training, and past/present activities, honors and awards will be furnished upon request. • i • • * f* /o \*• % tf I. il .X. --. ' * • . ^ / X. — * I \\ y^ •''* *V* ^ V .i^vV^VvJ.L oY MurJcsal OS=ss PckOS«5 ox66 Crrvjii Sxr.»- »*r*. MAY 1 2 1995 APPLIC rT-TZ^S ^DVISORI CO.*eiISSIONS ATIOM FOr. Cor.-nission Aopiy^^*? ^o-* I 1 ?ar'<3 Ccr_T.ission j 2,j rlanning Corrjnission __,,~;hv Task Fores (Ma..iS) Mane ^.'T.gPW RON^JjA^^ Address _3010 pO/rJ !— Post office s Zip Code 553'=! Telephone (H)m-^I-~730M (W)<^o-KOs:a- Pesident of Orono __12/M_V— r™ /I n^o T- , c.tr . x'l Education ^ ^ .X: 7f/AU/iX £cr)y^C^Vvii p--« ■ ^r<b> |3li/t>i)g^Id rT^ycee '0)(^ ' Please state ‘ Oa'a^'a^dr"ion'a" sheet"i°f" •‘ (Please be as s?eci necessary-)"fty ~ti^ C*'\-y c^Tl ru ^ T ____'L n 4^ -----^frr~~TT17^ u;^ ^'/e- 3 I . -— ✓- . /xr \ 4 T V vJ_jj, Li-------------------------------- ~~T7 3nXs7k ’fe ------- -tAere-forg-------------"'■^ /"a Cf9v^ ^ ' JS ------------------ r>^+^r^s-t- ,n -n^ / ^ f ^f*^*n 1 ^ ^ T O n •the role of the Cotsnission?«hat is your view of • PA^^IC'; : UACi^£iS4i2_S^ i- ■ T ./ . ^ , ,apAJXL^y \ -----------------1 -</ . d-e«e 'frrlv; -S-;r.r. °r.i:4r ,..t..^-■ ;K;i.r..i”»‘ also attach ot e consider-) ecri"e J j2e^±i:gi£jfc«tJK6e^^ { ^ 'i.. 4-.*v^o i "P V. T Ui/LJii!^gLIb--£a^i^ rTTZTZZ/..,., - ida/J^ I understand tneeting- this appointment may be -f- a publicdiscuss*?ci ut a »r iz&Date CITY of /O ^ • 0\ ( I! jy r!} w -/* * - -<r» yy :t\'.!i Mimidp^ CSces Post Off*c« Box 6o Crrrj] Bar, Minnesota £i;23^»6<S telephone -■4-i>T2o/ • F.VX--r7^0510 ^PPLICATIOa FOR CITIZEN ADVISORT COtIMI Corrslission Applyin? For: parks Ccnirnission Planning Conmission CcnuxT.unity Task Force (Name) Name -V.,. A. Address 'Z. <t> 0 Post office & Zip Code Telephone (H) y?2 4>r (W)^Zi-?YS^ Resident of Orono years. Work Experience: ^ nJ„rth^r^-A^r/r ’.a A-u:. p;u .J ^---------------- _____________ /3.C. Ci,ic and volunteer Activitiaa (past and present, r ^ Je- -U +( A r^a<-yt,nt;<>l4" - -ye 6»^ (»'■■'■' ' ^l' . ^oasons for wanting to serve on this Co^issioft -please state your possible. Ose additional sheet if (Please be as sped necessary.) rcc /'»/<! A/ wUfC-fyf Afrt_—L2------------------------------ , , ^ , , „i <■ ..........i'y I-' '• , '•'■■• "■' j1 IT- ---------• --------------------- ,f .. L.i. .f rerv^ o. -h A»y lA.rv^f'tcg---------------------------------------------------------- . t \'f <, _____-.(.V. Us^ '-----?—tiMf— — ^ I ------ Z 7^ of 6r»'Mk . • ntj of the role of the Coomission?What is your view of th , J ■< u';.-. H- T>u...... ^ —ea^ ' ' , _ _ ,___, .1 J. fta.Ai^OAl ^rtCJf .. , •’'‘^ -------------------------------------- / / JL/ U^§ U>?k -/t,g fd/i.vt --------------------------------------- ~ - ^ *1;<? c.~M--.-'». C^T'(t/se thi also attach other materials yo consider .) 7'^'"''* j ■ I AVfw t '•' <■ Kd'^-y +,../ ....--------------------------^—- Yt,.v .A../V ‘-^ .<.,.I.V.,H«- ■•. x^jJIL f .Irt. A <■'- - '■■■' --^ ^'-'M ., j.:. ,., -'<>«■ A-6-i /LJl^ .QAig-PtAft^- 4Thr.:i^___<j-----^ _ 3 public I understand this appointment may be discusse >/t»/f Date Co\'i f»(o- ••r ^ — > ^ ^vrr..f r<i,.,>,,^ ,V ,Uc^ 4 fwrt , 4^y /,.fc *r 5 c.«^,nr>^ f.i./.f^/ A r«.^rw o-ftif.- ft ^A)vni •Ac <^.rcA. r«M«Ar *t L•.TVtf^' rp :quest for council action 9 1996 C/TVOFO DATE: December 6, ITEM NO: ^ ^ Department Approval: Name Ron Moorsc Title City Administrator Administrator Reviewed: Item Description: City Housing Goals Vi Agenda Section: Administrator's Report 1 he 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. The Housing Goals are based on the Housing Goa!.^ 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 spe .He 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 e.xperienced changes significant enough for the city to make substantial changes to its housing goals. Staff also indicated the city is involved with oihci lake area cities in looking at the concept of "clu.'^ter 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 c.xisting 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, 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. 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 cau.se the need to review the housing goals. A resolution readopting the city’s housing goals is attached for Council consideration. COUNCIL ACTION RFQUESIED Motion to adopt the attached resolution adopting the city’s housing goals A RESOLUTION TO ADOPT CITY OF ORONO HOUSING GOALS WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan council to negotiate with each municipality to establish alTordable 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, h- ilthful and blight free residences and neighborhoods. To provide opportunities for a mix of housing types. k>cations, and cost ranges which will meet the needs and provide adequate housing for age and family groups. To provide housing types and residential densities consistent with environmental and land u.se plans and with the availability of public services and facilities. 5.To provide immediately beneficial housing programs for the greatest number of needy Orono residents. WHEREAS, the city is currently involved with other lake area cities in reviewing the concept of cluster planning or subregional planning for housing needs in the lake area; and WHEREAS, Metro cities are to update the housing elcinents of their Comprehensive Plans by 1998; NOW, THEREFORE, BE IT RESOLVED, by the Orono City Council that the City of Orono docs hereby adopt the above housing goals and will review those housing goals in 1998 based on information that may result from the cluster planning and/or housing clement update process. Adopted by 9th day of December, 1996. ATIEST:Edward J. Callahan, Jr., Mayor Dorothy M. Ilallin, City Clerk 9 REQUEST FOR COUNCIL ACTION DATE: December 4, 1996 ITEM NO: 1996 ®'^»onoNo Department Approval: Name Dorothy Hallin Title City Clerk Administi;ator Reviewed:Agenda Section: Administrator’s Report Item DesT'iotion: 1997 Fee Schedule The proposed 1997 Fee Schedule Ordinance and the Summary Ordinance reflecting the fee changes for 1997 are attached for Council review and approval. The proposed fee schedule includes a 3Vi% increase in the water and sewer fees, increases in construction permits and inspection fees, licenses and miscellaneous charges which include; dogs at large, animals at large and false alarm user fees, and increases in golf course charges. The Summary Ordinance shows the changes from 1996 to 1997 and this is the document that needs to be published in the official newspaper. COUNCIL AC I ION REQUESTED: Motion to approve the proposed 1997 Fee Schedule and to adopt the Official Summary of the l997 Fee Ordinance for publication. I ORDINANCE NUMBER , SECOND SERmS SUMMARY APPROVED Tte Council hereby determines that the text of the summary of this ordinance marked Official Summary of Ordinance Number ___, Second Series," and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that the publication of the title and such summary will clearly inform the public of the intent and effect of thw ordinance. OFnCIAL SUMMARY OF ORDINANCE NXHMBER , SECOND SERIES ORDINANCE NO. , SECOND SERIES AN ORDINANCE ADOPTING THE 1997 FEE SCHEDULE AN ORDINANCE REPEAUNG ORDINANCE NO. 143, SECOND SERIES and NO. 146. SECOND SERIES. The following is the official summary ’ of Ordinance Number ___, Second Series approved by the City Council of the City of Orono on ______________, 19%. The following section have changes, additions and/or deletions: DESCRIPTION CONSTRUCTION PF.RM1TS AND INSPECTION FEES CnminMyfgt lndti<rtrial and Multi-Family Residential bv Unit Type 1996 FEE 1997 FEE SPRINKLER SYSTEMS - COMMERCIAL - fire sprinkler systems S35.00 minimum fee 1.25% of contract price Plan Review =65% permit fee Surcharge bas.‘d on valuation ALL SANITARY SE>%'ER AND MUN1C1P.4L WATER CONNECTIONS CH.ARGES Various Charges $35.00 minimum fee 1.25% of oofixa price Surcharge based on valuation Various Charges rON.STRlJCTION PERMITS AND INSPECTION FEES SIGNS Temporary S 30.00 $35.00 BUILDING MOVING OR LIFTING Fees for this activity are in addition to required building or demolition permits. Fees and any necessary surchoi^c s arc required to pa y cos ts of building code inapcctions, public works inspection s of streets and rca ?.onablc police escort service on oversiee mo vements! - Lifting accessory buildings - Lifting principal buildings - Moving accessory building within normal highway clearance - Moving accessory building larger than normal highway clearance S 30.00 deleted S75.00 + engineering fee if necessary deleted No moving permit required deleted S 50.00 deleted DESCRIPTION BUILDING MO\TNG OR LIFTING Continued • Moving principal buildings over any lot line, onto or off any lot *ithin Orono; bcludes any move on or over any City streCk ever if not originating or terminating in Orono General Administrative Documents Current Street Address Book LICENSES AM) ^^SCELLANEOUS CHARGES •GS AT LARGE - RELEASE FEE First Offense Second Offense Third Offense ANIMALS AT LARGE (Other than dogs) - Release Fee First Offense Second Offense Third Offense Trace & Catch Animal Trailer Charge FALSE ALARM USER FEES First 3 false alarms/calendar year (1-3 total) Next ^ 3 false alamis/calcndar year (4-40 4-6 total) Next 5 3 false alarms/ealendar year (44-44 7-9 total) Each additional false alarm over 44 10/ calendar year 1996 EEE $150.00 $ 15.00 S 20.00 S 30.00 $40.00 S 20.00 S 35.00 S 50.00 S 20.00/hour S 20.00 plus .25C mile No Charge S 50.00 each call $100.00 each call $150.00 each call PUBLIC WORKS DEPARTMENT MISCELT.ANEOUS CHARGES Utility Service Rates - Effective beginning First Quarter 1997 MUNICIPAL SEWER RATE by unit; 1st each add’I by flow: $ 72.00/qtr S 65.15/qtr 5 2.71/1000 gallon plus $6.85 per qtr per connection 1997 FEE deleted $ 25.00 $25.00 $ 35.00 $45.00 i $ 25.00 $40.00 $ 55.00 $ 25.00/hour S 35.00 plus .25C mile No Charge $ 75.00 each call $150.00 each call $250.00 each call $ 74.50/per qtr S 67.40/per qtr $ 2.80/1000 gal $ 7.10 per quarter per conn. i DESCRIPTION 1996 FEE 1997 FEE PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Continued Stubbs B?.y Area Un-Connectetl Properties $ 32.60 S 33.75 MUNICIPAL WATER RATES Navarre Area Billing & Ready to Serve Chg Water Usage Rate Unconnected Property Chg (ready to serve/hydrant chg) Hw\ 12 Area Billing & Ready to Serve Chg Water Usage Rate Unconnected Property Chg (ready to serve/hydrant chg) Chew Chase Area Billing & Ready to Serv e Chg Water Usage Rate Unconnected Property Chg (ready to serve/hydrani chg) Bulk sale to Minnetonka Beach for Lafayette Ridge Area Area #1 rate total flow at border meter. S 20.70/qtr S 1.76/1000 gal S 20.70'qtr S 7.60/qir S 2.44/1000 gal -0- S 7,60/qtr S 1.95/1000 gal -0- S 20.70/qtr + $ 1.76/1000 gal $21.40/qir $ 1.82/1000 gal $ 21.40/qtr $ 7.85/qtr $ 2.52/1000 gal -0- S 7.85/qtr $ 2.01/1000 gal -0- $ 21 .40/qtr + $ 1.82/1000 gal Water Tum-On Water Turn-Off RECYCLING CHARGE $ 17.50 $ 17.50 S 22.00/year PUBLIC WORKS DEPARTMENT MISCELLANEOUS CH.ARGES $ 18.00 minimum $ 18.00 minimum S 22.60/year GOLF COURSE CHARGES Monday thru Friday (e.'^cluding Holidays) Begin Play Before 12:00 Noon 1st Nine Holes 2nd Nine Holes S 7.50 S 5.00 S s 7.75 5.50 After 12:00 Noon and Weekend Rates 1st Nine Holes 2nd Nine Holes 2nd Nine Holes (Weekday After 12:00 Noon) S 9.00 $ 6.50 S 5.00 S $ $ 9.50 7.00 5.50 DESCRIPTION 1996 FEE PIfRI.lC WORKS DEPARTMENT MTSCELLANEOUS CHARGES Continued GOLF COURSE CHARGES Continued STUDENT RATE (AGES 12 - 17) Begin Play Before Noon Monday - Friday, Excluding Holidays 1st Nine Holes 2nd Nine Holes S 5.00 S 5.00 FALL RATES Will begin the Monday nearest the 15th of September. - Weekend Rates: 1st Nine 2nd Nine $ 7.50 S 5.00 - Weekday Rates: 1st Nine 2nd Nine Sr. & Jr. $ 5.00 S 3.00 S 3.00 1997 FEE League Rates Monday thru Fnday $ 8.50 S 8.75 Senior Citizen (Over 60 years old) Begin Play Before 12:00 Noon - Weekdays 1st Nine Holes $ 5.00 $ 5.50 2nd Nine Holes $ 5.00 $ 5.50 Season Ticket (Senior citizens Only)$125.00 $130.00 $ 5.50 $ 5.50 $ 7.75 $ 5.50 $ 6.00 $ 4.00 $ 4.00 A printed copy of the 1997 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk <’ ing regular office hours. This ordinance becomes effective the week of January 2, 1997. Adopted by the City Council of the City of Orono on this ayes and___nays. day of December, 1996, by a vote ATTEST: Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk Copy Charges PageAdministration 22Accident Reports 25Building Plan Copies 22Copy Microfiche File - PO 25 Copy Service • Police Dept 25 Driver's License Record 25 Reprint Oversized Documents On Microfilm 22 Tape Recording Duplication (Police Dept.I 25 Connection Charges Sanitary Sewer 10 Municipal Water 15 Documents Comprehensive Guide 21 Special Assessment Searches 22 Municipal Code/Ordinance 21 Realtors Usting Info 22 Current Street Address Book 22 False Alarm User Fee 25 Golf Course Rates 28 Inspections Contractual Inspection Service 19 Special Inspection Charges 18 Licenses & Miscellaneous DIRECTORY FOR 1997 FEE SCHEDULELicenses & MisceOaneous (Conti Page Garbage Haulers License 20Home Occupation License 20Joint Use Dock License 20Kennel License 23 Solicitation License 22 Temporary Trailer/Building License 20 Maps For Sale 22 Public Works Supplies & Services Driveway Culverts 29 Driveway/Curb Cut Permits 29 Permits After-The-Fact Fees 5 Building Permit Fees 8 Jurnir.g Permit Fee 19 Cert, of Occupancy 8 Demolition Permit Fee 8 Docks: Commercial 8 Residential 8 Fire Protection 19 Firearms Discharge Permit 24 Firearms Permit To Carry 24 Fireworks Permit Fee 24 Grading Excavating, Filling 17 Large Assembly Permits 24 Lawn Sprinkler System 19 Mechanical Permit Fees 9 Move/Lift Building Permit Fee 18 After-The-Fact Fees 5 Municipal Hook Up Amusement Device?24 (Sewer/Water)J Animal Impound Fees 23 On-Site Systems (Septic)17 Beer, Wine & Liquor License 24 Outhouse Construction 17 Cigarette License 22 Parades & Special Events 25 Commercial Marina License 20 Plumbing Permit 9 Dog License 23 Retaining Wails 8 Dance (Public) License 24 Gambiing/Raffle License 22 Permits (ContiSprinkler Systems - CommercialTrapping Permit (Limited) Tree Removal Underground 1 ank Removal Water Meter Fees Services Fingerprinting (Police) Water Turn-Off Charge Water Turn-On Charge Signs Street Signs (Public Works) Temporary & Permanent Temp. "No Parking" (P.D.) Temp. "No Parking" (P.W.) Utility Rate & Miscellaneous Annual Service Charge - Septic Recycling Charge Recycling Replacement Bins Zoning Applications After-The-Fact Fees Amendments Appeal of Admin. Decision Commercial Site Plan Comprehensive Plan Amend Conditional Use Permit Fees Industrial Revenue Bond Appi. Park Dedication Fees PUD Rezoning Rezoning Anplication Fee Rip Rap Application Fee Special Improvements Appi. Subdivision Application Fee Surcharge for Staff Expense Vacation Application Fee Variance Application Fee Page9248 9 9 25 27 27 29 17 25 29 17 27 27 5 3 5 2 3 1 5 •7 § 3 3 5 4 2 5 3 1 lANCENO.,SEC<SERIESAN ORDINANCE ADOPTING THE 1997 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 143, SECOND SERIES AND NO. 144 SECThe City Council of the City of Orono ordains Section I. Ordinance Repealed. Ordinance No. 143 Second Series, entitled 1996 Fee Schedule and No. 146, Second Series entitled Amendment to 1996 Fee Schedule is hereby repealed. The City Council of Orono per Section 1.05 of the .Municipal Code hereby ordains the following fees effective during the calendar year 1997: SECTION I. Fcg. ZONING APPLICATIONS All fees are application fees and are non-refundable after staff work has begun on the apfdication. Application Type Fee VARIANCE (Flexible applications involving more than one variance will require an additional $50.00 payment per each variance) $250.00 Variance for Non-Conforming Structures RENEWAL VARIANCE (No change from original application) $250.00 $150.00 CONDITIONAL USE PERMIT (One charge per project) Residciitial Accessory Use (Animals, etc.) Institutional Use (School, Church, etc.) Duplex Credit (per building) Guest House/Guest Apartment Commercial/Industripl Use Non-Conforming Use $175.00 $250.00 $200.00 $225.00 $300.00 $250.00 Applicable Code Section 10.06, Subd 3 (D) 10.06, Subd 3 (D) 10.09, Subd 3 10.09, Subd 3 10.09, Subd 3 10.09, Subd 3 10.09, Subd 3 10.09, Subd 3 ZONING APPUCATIOWS CCONT.)Application TydcCONDITlCmAL USE reRMIT Continned (One Charge per Project) Land Altmition: Grading, niling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0>75’ lakesbore PRD Application with Subdivision PRD Application without Subdivision PID Applications Renewal Conditional Use Permit (no change from original application) Conditional Use Permit with Variance Afler-the-Fact Fees Fee Applicable Co^ Section10.09, Subd 3 $250.00 H* permit Subdivision Fee plus $30.00 per dwelling unit $ 35.00 per dwelling unit (minimum $150.00) $150.00 per acre (minimum $350.00) $150.00 Add $ 75.00 for each variance Double Application Fee Res. #1306 & #1309 COMMERCIAL SITE PLAN REVIEW SUBDIVISION Sketch Plan (Class 1,11, & 111) Subdivblon Application (Class I ik 11 Subdivisions, Subdivision of a Lot Line Rearrangement) Preliminary Review (Class III and all non-residential) Final Plat Review (Class III) Filing Fees: a) Subdivision only b) Subdivision + Easements & Covenants Renewal of Subdivision Application (Class 1 & II, Subdivision of a Lot Line Rearrangement) (No Change From Original Application) $250.00 + Consultant Fee $250.00 $350.00 11.10, Subd 7(A) 11.10, Subd 10(A) (B) $375.00 + $25/lot 11.10, Subd 10(C) ($450/3 lots: $475/4 lots) $200.00 + Special Legal/Engineering Charges 11.10, Subd 17(A) (9) $75.00 11.10, Subd 17 (A) (11) $200.00 Minimum plus any additional costs $200.00 ZMWPiC APPLICATIONS fCONT.>AppUcation Type SUBDIVISION Continued Renewal of Preliminary Subdivision AppUcation (C!^ Ill) (No change from original application) Renewal of Final Subdivision Application (No change from original application) HJBLIC ROAD VACATION EASEMENT VACATIONS WITH SUBDIVISION APPLICATIONS EASEMENT VACATIONS NOT ASSOCIATED WITH SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING REZONING PUD Rezoning - Allowed only within area adjacent to Highway 12 as defined in Comprehensive Plan Amendment No. 2 PUD Rezoning: Residential Commercial/Industrial REQUEST TO AMEND COMPREHENSIVE PLAN Fee Applicable Code Section $200.00 $150.00 $ 75.00 per benefitting Section 10.11 property ($300.00 minimum per application) $1 ik00 Section 10.11 $200.00 Section 10.11 $350.00 Section 10.11 Ord. 74, 2nd Series Section 10.53 $350.00 + $40.00 per dwelling unit $150.00 per acre (min. $350.00) $350.00 Section 10.11 ZONING APPLICATIONS (CONT.> Apolication Typc SPECIAL IMPROVEMENTS Non-rcfundablc charges for City Engineer’s review for applications and rfpctgn drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Proposed Private Roads Proposed Public Roads Request for City to accept existing private road Request for City to maintain unimproved public road Proposed Sanitary Sewei Main Extension Proposed Watermain Extension Proposed Storm Sewer System (excluding ' ilverts) On-Site System - Site Evaluation Review (applicable to rural subdivision applicatioiis) Applicable Co^ Section Section 11.12, Subd 4 $600.00 plus 5(k/lineal foot $900.00 plus 50^/lineal foot $900.00 $200.00 $250.00 plus $25.00 per stub $250.00 plus $25.00 per stub $200.00 $ 50.00 per new lot proposed for on-site ZONING APPLICATIONS CCONT.) ApDiication Tvoe Applicable Code Section RIP-RAP Staff Review (normal rip-rap) Unusual Rip-Rap: a) New installation b) Repair previously approved No Charge $100.00 + CUP review Staff permit = $100.00 APPEAL OF ADMINISTRATIVE DECISION $100.00 10.65, Subd J (D) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee:0.1% of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expenses SURCHARGE FOR STAFF' EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule set fonh below: Professional Time Clerical Time Legal/Engineering Consultants Mileage/Copies/Postagc/Etc. Section 10.11 $ 30.00/hour $ 18.00/hour Actual Billed Cost Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work f^o's not entail any zoning violations. 4 20N&<G APPtiCATIONS (CONT.^ AFTER-THE-FACT APPLICATION INVEFTIGATiON F Applicable Code Section Whenever any work, use or division of land for which a formal application is required has been omimaiced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after-the-fact applications shall be twice the fee set forth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. Afler-the-fact Investigation Fee Amount:Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount). Res. 1306 ZONING APPLICATIONS (CONTJ Applicable Code Section PARK DEDICATION tlDES I Municipal Code Section 11.62 Land Dedication Minimum Area - Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount as may be determined by the City Council, as set forth below: (1) Rcsidential/Agricultural/Multiple Residential Zoned Land. Dedication requirement of 8% of the land being platted or subdivided. (Exclusive of lot that includes an existing residence.) (2) Commercial/Industrial Zoned Land. Dedicated requirement of 8% of the land being platted or subdivided. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider. In lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. CONSTRUCTION PFRMITS ANPINSPECTION FEESPermit Type BUILDING PERMIT Mininium Fee Normal Fee Plan Review Fee: Commercial Residential Building Valuation Standard ZONING CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT (change in use) ApplicableFee Code Section (Ord. 216) $21.00 (per 1994 UBC/SBC Standard Schedule) (per 1994 UBC/SBC Standard Schedule) 65% of Building Permit Fee (per Current l.C.B.O. Building Standards/Building Valuation Data) $50.00 RETAINING WALLS (in excess of 42" also multiple tiered walls that exceed 42" and not located in iakeshore protected area) NOTE: Retaining walls in 0-75 ’ Iakeshore protected zone - sec Cond. Use Permit section of fee schedule. $21.00 minimum (per 1994 UBC Standard Schedule) TREE REMOVAL WITHIN 0-75 ’ DOCKS - RESIDENTIAL (Permanent and Initial Seasonal) DOeX^ - COMMERCIAL DEMOLITION PERMIT Principal Structure $30.00 $30.00 Ord. 10.22 Subd 3 Acc^ory Structure Per 1994 UBC/SBC Standard Schedule (Ord. 216) $ 50.00 Initial inspection $ 25.00 for each requested or required inspection beyond initial inspection $ 30.00 Initial inspection 8 CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Permit Tvnc PLUMBING PERMIT MaiHn postage & handling charge MECHANICAL PERMIT Minimum Fee for any Mechanical Permit Mail-In postage & handling charge Residential. Sinale Family & Duplex bv Unit Type Under Ground Tank Removal Commercial. Industrial and Multi-Familv Residential hv Unit Type SPRINKLER SYSTEMS - COMMERCIAL -fire sprinkler systems -kitchen fire extinguishing system MUNICIPAL CONNECTION PERMIT (together with area connection charges) Fee Applicable Code Section $ 35.00 minimum per project 1.25% of contract price $ 1.50 $ 35.00 per project $ 1.50 1.25% of contract price Per mechanical permit fees $ 35.00 minimum fee 1.25% of contract price $ 35.00 minimum fee 1.25% of contract price Surcharge based on valuation $ 35.00 per system Sewer $35.00 Water $35.00 5/8" meter including sales tax $139.00 3/4" meter including sales tax $191.00 1" meter including sales tax $247.00 larger meter quote basis Mail-in postage & handling charge (sewer and water permits only) $ 1.50 ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES (If not previously avsessed or if an improveinent project is not deoned to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.)IThe connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections arc subject to City Council approval. SEWER PROJECTS By District - Project Fixed Charge -1-Unit Charge +Area Or Acreage Charge + Front Foot Charge Credit To Area 1 1%3 ST-1 A, LS-IA, ST-IB, LS-IB $ 225.00 $5 15.00/acre $ 37.20 (1) 1964 LS-IA or LS-IB $ 225.00 $ 38.10 (1) 1965 LS I $ 225.‘X)$56.15 (1) 1965 LS-IA $ 225.00 $40.90 (1) 1967 LS-1 $ 245.00 $ 24.40 (1) 1969 LS-1 Shore Hills $ 225.00 $12,120.00 (1) 1969 LS-2 Chevy Chase $ 8.685.00 (1) 1970 LS-1 Saga Hill $ 225.00 $ 4,750.00 $ 28.60 (1) 1971 LS-1 Dunwoody $ 225.00 $ 4,230.00 $26.00 (1) 1973-1 $ 8,200.00 $ 38.90 (1) 1980-1 Minnetonka Bluffs $10,485.00 (1) CREDIT TO AREA: (1) 602-37691 Sewer Operating (2) 302-37691 1982 Improve & #6 By Pass (3) 304-3791 1985 Improve Crystal Bay (5) 406-37691 PIR Fund #7LS & Forcemain (6) 308-37691 1992 Improve Stubbs Bay ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assesment.) The cc i.iection charge for properties wishing to connect to the sewer or water but which arc located outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections are subject to City Council approval. 1980-1 West Femdale/Counly Road 15 1 $30,640.00 (1) 1980-1 Orono Lane $19,630.00 (1) 1980-1 County Road 15/Marinas $ 8,170.00 (1) 1980-2 North Shore Drive/Scoich Pine Lane $28,895.00 (1) 1981-1 North Shore Drive/Highwood $12,540.00 (1) 1982-lA Navarre Utilities $ 2,670.00 $1,095.00 trunk area (3) 1982-lB Navarre Utilities Northern Avenue $ 225.00 (1)$ 217.00 (3) (trunk unit acre/unit) $ 2,885.00 per acre (3) (1) & (3) 1985-1 Crystal Bay $12,675.00 (4) 1983-1 Highway 12 Oroiio-Long Lake- Medina $ 1,191.00 (1) 1989 Highway 12 - Phase I - North Side Brown Rd to Willow Dr $ 1,138.00 (1) CREDIT TO AREA: (1) 602-37691 Sewer Operating (2) 302-3769I 1982 Improve & H6 By Pass (3) 304-3791 1985 Improve Crystal Bay (5) 406-37691 PIR Fund jf7LS & Forcemain (6) 308-37691 1992 Improve Stubbs Bay ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES (IT not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in additbo to any assessment.)The connection charge for properties wishing to connect to the sewer or water but which arc iocateu outside the delineated boundaries of the affected project area shall be charged the connection fee for that area. Such connections arc subject to City Council approval. 1989 Highway 12 - Phase II - Future Trunk Expansion $ 2,092.00 (1) 1992 Stubbs Bay Sewer I Stubbs Bay NE/NW - Bayside East $14,270.00 (6) II Bederwood $22,090.00 (6) III Bayside North $18,700.00 (6) IV Oxford $26,395.00 (6) V Cygnet and Leaf $21,330.00 (6) CREDIT TO AREA; (1) 602-37691 Sewer Operating (2) 302-37691 1982 Improve & #6 By Pass (3) 304-3791 1985 Improve Crystal Bay (5) 406-37691 PIR Fund /f7LS & Forcemain (6) 308-37691 1992 Improve Stubbs Bay ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed or if an improvement project is not deemed to be required In the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.)The connection charge for properties wishing to connect to the sewer or water but which are located outside the delineated boundaries of the affected project area be charged the connection fee for that area. Such connections arc subject to City Council approval. 1984 Forcemaiii and Lift Station #7 upgrade: (An additional fee is charged for properties benefitting from the 1984 forcemain and lift station HI upgrade, as follows, see map for affected areas): All Charges Are Per Unit -y* Fixed Charge +^6 By Pass +HI Forcemain Credit To Area Existing Properties/Increase $484.00 (5) New Bldgs Replacing Existing Bldgs (If usage increases from existing) $ 484.00 (5) New Residential w/Existing Stub $1,400.00 (5) i New Residential without Stub $ 225.00 (1)$ 216.50 (3)$1,400.00 (5)(1),(3) and (5) Freshwater Biological (Incl. "Marsh at Lafayette’ Lots) $ 225.00 (1)$ 216.50 (3)$ 545.00 (5) Per unit on connection (previously assessed $2,000/acre) (1), (3) and (5) CREDIT TO AREA: (1) 602-37691 Sewer Operating (2) 302-37691 1982 Improve & By Pass (3) 304-3791 1985 Improve Crjstal Bay (5) 406-37691 PIR Fund #7LS & Forcemain (6) 308-37691 1992 Improve Stubbs Bay ALL SANTTARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed or if an I'nprovement project is not deemed to be retiulnd in the sole discretion of the City. If an improvement b required, the connection charge may be in addition to any assesanent.) The connection charge for properties wbhing to connect to the sewer or water but which a--2 located outside the delineated boundarim of the affected project area «hall be charged the connection fee for that area. Such connections arc subject to City Co .il approval. 1SW9 Gravity Line and Lift Station #10 By Pass: An additional fee is charged for properties benefitting from the 1989 gravity line and lift station #10 by-pass per Resolution #2671: Fixed Charge -F #10 By Pass Credit To Area (see map for affected areas)$ 225.00 $2,470.00 (!) 1 CREDIT TO AREA! (1) 602-37691 Sewer Operating (2) 302-37691 1982 Improve & #6 By Pass P) 304-3791 1985 Improve Crystal Bay (5) 406-37691 PIR Fund r7LS & Forcemain (6) 308-37691 1992 Improve Stubbs Bay ALL SANITARY SEWER AND MUNICIPAL WATER CONNECTION CHARGES (If not previously assessed or in an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.)The connection charge for properties wishing to connect to the sewer or water but which arc located outside the delineated boundaries of the affected project area shall be charged the connection fee for the area. Such connections arc subject to City Council approval. WATER PROJECTS By District - Project Fixed Charge 4-Unit Charge -1-Area Or Acreage Charge 4- Front Foot Charge Credit To Area 1967 LW-1 Highway 12/Crystal Bay Road $4,119.00 $ 30.60 (1) ' 1969 LW-2 Chevy Chase $ 4,082.00 (1) 1970 LW-1 Navarre Residential $ 2,039.00 $ 20.35 (1) 1970 LW-1 Navarre Commercial $ 3,060.00 $ 30.60 (1) 1982-1 A Navarro $ 2,173.00 (2) 1989 Highway 12 - Phase I - North Side Water Trunk - Brown Rd to Willow Dr $ 644.00 (1) 1989 Highway 12 - Phase II - Water Tower, Well, & 1 Pumphouse $ 4,719.00 (1) CREDIT TO AREA; (1) 601-37391 Water Operating (2) 302-37391 1982 Improve water SEWER AND WATER UNIT ADJUSTMENT CHARGES CHARGES Charges shall result from either an intensification of an existing non-residential use or a new non-residential use that replaces a former use on a property located within an area already assessed and served by municipal sewer and water. CREDIT Credit for previously assessed sewer or water units shall be applied against the total number of sewer and water units established for the UNIT CHARGE ^ch sewer dnd each water unit adjustment charge shall be equal to the current Service Availability Charge established by the Metropolitan Council Wastewater Services or its successor and shall be payable to the City of Orono upon application for a building permit. new use. CONSTRUCTION PERMITS AND INSPECTION FEESPermit Type ON-SITE SYSTEMS Design Review Fees Subdivision Site Evaluation Report Review Residentfail System Permit: Repair existing system New/Replacemcnt System Non-Residentiai System Permit: New or Total replacement Partial replacement Annual Service Charge GRADING, EXCAVATION, ULLING - 101 + cubic yards Fee Applicable Code Section (Ord. 210) Included with permit fees $ 50.00/per new lot $ 50.00 $100.00 -f $20.00 per each inspection over 3 (Includes outhouse on Dig i'iaiid) $100.00 + $20.00 per each inspection over 4 $ 60.00 + $20.00 per each inspection over 2 $ 50.00/system/year plus an additional $10.00 fee for late penalty plus 8% interest for unpaid charges certified Section 12.30, Subd 8(C) - 1-100 cubic yard ( max. 10 loads) $ 50.00 (staff permit) + engineering fees if required ($100.00 if engineering fee necessary) $ 75.00 + Conditional Use Permit + $25.00 per each inspection over 1st NOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved us part of building permit. SIGNS Temporal^ Permanent $35.00 (Per 1994 UBC/SBC Standard Schedule) CONSTRUCTION PERMITS AN1> INSPECTION FEES <CONT.>Permit Type BUILDING MOVING OR LIFTING Fees for this activity are in addition to required building or demolition permits. -Pre-move code inspection, principal buildings: a) Building within Orono to be relocated within Orono b) Building outside Orono to be moved into Orono (max. radius 25 miles) SPECIAL INSPECTION CHARGES Site Inspection without permit (when called by owner) Inspection surcharge for work or application on Big Island or Deering Island Reinspection fee after failure to comply with Building, Septic or Zoning Code Correction Notice - 3rd trip Applicable Code Section (Ord. 227) $50.00 $150.00 $30.00 $30.00 per trip + boat rental if transportation is not provided by owner $ 30.00 per trip + $30.00 per hour after 1st hour fONSTRUCnON PERMITS AND INSPECTION FEES (CONT.)Permit Type FIRE PROTECTION Fire Prevention Inspection Fire Code Permits Commercial Fire Alarm Plan Review Fee LAWN SPRINKLER SYSTEM BURNING PERMITS Up to 5 times per year For Each Reinspection More than 5 times per year (for all organizations and individuals regardless of tax status) CONTRACTUAL INSPECTION SERVICE Monthly Retainer Fee (Includes clerical time) Inspection Charge Plan Review Charge Clerical Fee (Only charged if clerical use is excessive) Applicable Codte Section (Ord. 223) No Charge $ 30.00 each Per UBC Schedule 65% of permit fee $35.00 No Charge $20.00 $100.00 Per Contract $ 25.00 per month $ 15.00 per inspection SBC/UBC Schedule $ 15.00 per hour LICENSES St \nSCELLANEOUS CHARGES Pfcrmit Type ZoniB( IVpartmcnt Administered COMMERCIAL MARINA LICENSE Application Fee (initial) Renewal Application & Inspection Fee (annual) plus: -late fee JOINT USE DOCK LICENSE Application Fee (initial) Renewal Application Fee Plus each slip Late Fee GARBAGE HAULER LICENSE - flat rate - per hauler - transfer fee HOME OCCUPATION UCENSE TEMPORARY TRAILERS & BUILDINGS LICENSE See Applicable Code Section $300.00 $200.00 $100.00 $50.00 $ 20.00 $ 2.00 $25.00 $30.00 $ 13.00/truck $30.00 $ 50.00 Initial Review Fee $ 30.00 (Annual Review Fee) $30.00 i''UCENSES A MISCELLANEOUS CHARGES fCONT.)Ffcrmit Tvpc Zoning Deoartment Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan • 1980 (with amendments) Municipal Code Book - compiete (Ch. 1*12 w/revisions) Municipal Code Book • Portions Ch I thru 9 (Book i) w/revisions Ch 10 thru 12 (Book 2) w/revisions Ch 10 only (Zoning Code) w/revisions Ch 11 only (Subdiv. Code) w/revisions Other Individual Chapters Binder Comp. Plan Amendment #2 (Uwy 12) Applicable Code Section $30.00 $ 60.00 w/binder $ 35.00 loose $ 35.00 loose $ 25.00 loose $ 15.00 loose $ .25/pagc $ 5.00 $ 5.00 "4 A LICENSES A MISCEL1.ANEOUS CHARGES (CONT.) Document Tvoe City Maps Topographic Information Building & Planning Publications General Administrative Licenses Cigarette Saks Licenses • per quarter Gamblii^ & Raffle License Solicitation License Up to 10 solicitors • $1.00 each additional solicitor in Orono. Applicant must list only persons that will solicit in Orono. General Administrative Documents Listing Information Assessment Search - Written (Verbal searches not given) Copy Service (for public City records only) ir X 17" copies Individual copies of Ordinances (1 copy) Reprint of Oversized Documents that have been microfilmed Building Plan Copies and/or Tape Recording Duplication Current Street Address Book Fee Applicable Co^ Section $ 2.00 each $ 12.00 per acre + engineering consultant fee if computer diskette is required As Posted - Prices subject to change $ 5.00 $ 10.00 $20.00 5.24 5.23 5.30 $ 10.00 $ 15.00/parcel $ .25 each $ 1.00 each No Charge Cost of copying service, Messenger service & Min. Clerical Fee of $5.00 Cost of Copying, Messenger Service & Min. Clerical Fee of $5.00 (entire amount to be paid upon request) $25.00 LICENSES A MISCELLANEOUS CHARGES (CONT.)Permit Tvpc Dog)i & Kennds DOG UCENSES Biannual License (issued in odd years) Annual License (issued in even years only) KENNEL LICENSES Commercial Application & Inspection Fee (Annual) Residential Application & Inspection Fee (Annual) NOTE: Dogs kept In residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. DOGS AT LARGE - RELEASE FEE First Offense Second Offense Third Offense After Hour & Weekend Release Charge ANIMALS AT LARGE (Other than dogs) - Release Fee First Offense Second Offense Third Offense Trace & Catch Animal Trailer Charge CARE OF IMPOUNDED ANIMAL Fee Applicable Code Section 9.12 $ 15.00 $ 7.50 5.3d $150.00 $25.00 9.12 $25.00 $35.00 $45.00 $45.00 9.13 $25.00 $40.00 $55.00 $ 25.00/hour $ 35.00 plus .25 mUe (total distance) Actual Cost LICENSES & MISCELLANEOUS CHARGES (CONT.)Permit Type Police Department Administered BEER, WINE & LIQUOR LICENSES Initial Investigation On>Sale/OfT-Sale Liquor In state investigation Out state investigation Initial Investigation - Beer/Wine Off-Sale Liquor License Bond Requirement On-Sale Liquor Licrasc On-Sale Wine Lkeiue 3.2 Beer Off-Sale (/Annual) 3.2 Beer On-Sale (Annual) Setup(Annual) Club Liquor License (weekday) (Sunday) Temporary Set-up Permit (one day) Temporary Beer Permit (one day) AMUSEMENT DEVICE LICENSES Per EstabUshment (Annual) Per Machine Fee PUBLIC DANCE LICENSE (annual) (Individual Permit) LARGE ASSEMBLY PERMIT FIREWORKS PERMIT FIREARMS DISCHARGE PERMIT Occasional (limited use) Game Animals (limited use) Annual (Club Only) FIREARMS PERMIT TO CARRY LIMITED TRAPPING PERMIT Applicable Code Section $500.00 per License Collected at Application Actual cost up to $10,00< Actual cost $150.00/person $150.00 $5,000.00 $4,000.00 $750.00 $25.00 $75.00 $100.00 $100.00 $200.00 $ 25.00/cach $ 15.00/cach Res. 1306 4.30 4.30 4.40 4.20 4.20 4.60 4.50 4.50 4.61 4.21 5.20 $100.00 + machine fee $ 25.00 each $100.00 $ 10.00 5.21 5.21 $50.00 $50.00 5.25 9.10 9.10 $ 10.00 $25.00 $ 25.00 $ 10.00 $20.00 9.11, Ord. 232 &Ord. 243 LICENSES A MISCEIXANEOUS CHARGES (CONT.)ApuHcation TvoePtolice Department Administered PARADES & SPECIAL EVENTS PERMIT FALSE ALARM USER FEES First 3 false alanns/calendar year (1-3 total) Next 3 false alanns/calendar year (4-6 total) Next 3 false alanns/calendar year (7-9 total) Each additional false alarm oto' 10/ calendar year FINGERPRINTING SERVICE COPY SERVICE - Police Records First Two Copies Additional Copies COPY OF ACCIDENT REPORTS COPY OF DRIVER’S LICENSE RECORD COPY FROM MICROnCHE HLE First Two Copies Additional Copies "NO PARKING ORDER OF POLICE" paper signs (no lath included) TAPE DUPLICATION Applicable Co^ Section $50.00 No Charge $ 75.00 each caU $150.00 each call $250.00 each call 6.08 $ 15.00/application - RESIDENT ONLY (Citizenship No Charge) $ 5.00 $ 0.25 each $ 5.00 each $ 5.00 each $ 10.00 $ .50 each $ 0.25 each $ 10.00 I PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Utility Service Rates • EfTective beginning First Quarter 1997MUNICIPAL SEWER RATE by unit: 1st 2nd by flow: $ 74.50 per quarter $ 67.40 per quarter $ 2.80/1000 gallon plus $7.10 per quarter per connection MUNICIPAL SEWER RATE STUBBS BAY AREA PROJECT For Ukkc properties unconnected between 16 months after service availability and up to 5 years after service availability and meeting the criteria set forth in Ordinance No. 105, Second Series, allowing for hookup time extension, shall be charged only for the City portion of the sewer unit rate and not for the MWCC portion of the sewer unit rate. Stubbs Bay Area Un*Connected Properties $ 33.75 per quarter PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES fCONT.> Utility Service Rates - ContinuedArea MUNICIPAL WATER RATES Navarre Hwy 12 Area Chevy Chase Area Billing & Ready to Serve Chg Water Usage Rate Unconnected Property Chg (ready to serve/hydranl chg) $2! .*/qtr $7.85/qtr $7.85/qtr $ 1.82/1000 gal $2.52/1000 gal $2.01/1000 gai $21.40/qtr >0> -0- Federally Mandated Safe Drinking Water Testing Program (Charged per service connection) Fee $ 5.21 per year on second quarter billing Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area Hi Rate $21.40/qtr billing charge plus $1.82/1000 gallon total flow at border meter. Penalty for late payment of sewer/water bills • 15% after 45 days from billing date. Interest at 8% on unpaid water/sewer bills certified. Water Tum-On Water Turn-off $ 18.00 Minimum $ 18.00 Minimum Water System Repair/Replacement if damage caused by property owner: Labor - Current Hourly Rate Parts • At Cost RECYCLING CHARGE Recycling Container - Initial Replacement (including sales tax) $ 22.60/year No Charge $ 6.50 each PUBLIC WORKS DEPARTMENT NHSCELLANEOUS CHARGES (CONT.)FeeGOLF COURSE CHARGES - EfTectivc date 1997 Season Monday thru Friday (excluding Holidays)Begin Play Before 12:00 Noon Season Ticket (Senior Citizens Only)ino.oc* GOLF CART RENTAL Motorized: 1st Nine Holes (After 12:00 & Weekends) $ 10.00 2nd Nine Holes $ 8.00 Begin Play Before 12:00 Noon 1st Nine Holes 2nd Nine Holes Pull Carts • Per Round Golf clubs • Per Round $ $ $ $ 7.00 7.00 2.00 2.50 STUDENT RATE (AGES 12 - 17) Begin Play Before Noon Monday - Friday, Excluding Holidays 1st Nine Holes 2nd Nine Holes $ 5.50 $ 5.50 CONCESSIONS As Posted 1st Nine Hoies $7.75 FALL RATES 2nd Nine Holes $5.50 Will begin the Mondaynearest; the 15th of September. After 12:00 Noon and Weekend Rates 1st Nine Holes $9.50 - Weekend Rates: 2nd Nine Holes $7.00 1st Nine $7.75 2nd Nine Hoies $5.50 2nd Nine $5.50 (Weekday After 12:00 Noon)Riding Cart $7.00/pcr League Rates Monday thru Friday $8.75 - Weekday Rates: 1st Nine $6.00 Senior Citizen (Over 60 years old)2nd Nine $4.00 Begin Play Before 12:00 Noon - Weekdays Sr. & Jr.$4.00 1st Nine Holes $5.50 Riding Cart $5.00/per 2nd Nine Holes $5.50 i PUBUC WORKS SUPPLIES & SERVICES Street or Traffic Signs (sale includes installation) Driveway Culverts (sale only, not installed) Water Meter Sales (See Building Permit Section) $ 75.00/std. sign On (juote Basis Temporary No PUrking Signs (with lath)$ 1.00 each Driveway/Curb-Cut Permits Individual Driveways $ 30.00/permit New Street Intersections (Sec zoning section - Special improvement fees) SECTION 2. This ordinance establishing the 1997 Fee Schedule shall be published in the Laker and iKoneer Newspaper and shall be effective the week of January 1, 1997. Adopted by the City Council of the City of Orono on this , 1990. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk Summary ordinance published in the Laker/Pioneer newspaper the week of uLit ^ cmroFORONO REQUEST FOR COUNCIL ACTION DATE: December 5. iv 6 ITEM NO: Department Approval: Name Ron Moorsc Title City Administrator Administrator Reviewed: /fA Agenda Section: Administrator’s Rc^)ort 7 Item Description: / Extension of Telecommunications Tower and Antenna Moratorium - Ordinance The city ’s current moratorium on telecommunications towers and antennas expires on December 24. 1996. Staff is currently preparing ordinance amendments related to telecommunications towers and antennas for review by the Planning Commission at its February meeting and for action by the City Council in March of 1997. To provide additional time to complete this process it is necessary to extend the moratorium for an additional 90 days to March 24, 1997. An ordinance reflecting this extension is attached for Council consideration. COUNCII. ACTION REQUESTED: Motion to adopt an ordinance extending the moratorium on tdccoinmunicalions towers and antennas to March 24, 1997. ORDINANCE NO., SECOND SERIES AN ORDINANCE EXTENDING AN INTERIM MORATORIUM ON THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS, REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES, OR OTHER AUTHORITY RELATING TO THE SITING OF WIRELESS TELECOMMUNICATION FACILITIES AND STRUCTURES IN ALL ZONING DISTRICTS IN THE CITY OF ORONO The Citv Council of Orono does ordain; SECTION 1. Statement of I*olicv. The purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of commercial and industrial activity so as not to unreasonably conflict with the primar>' residential and agricultural character of the City. SECTION 2. Fixtension of Intelim Moratorium. To facilitate the purpose stated in Section 1 the City Council imposed a 120 day moratorium, pursuant to Minne.sota Statute Section 469.355, Subdivision 4, oti the granting of building permits, land subdivisions, rezoning applications, conditional or special u.se permits, variances, or other authority relating to the siting of wireless telecommunication facilities and structures in all zoning districts in the City of Orono. This moratorium was to enable the city to study the issues relating to telecommunications structures and to make any necessary changes in its current ordinances. The initial moratorium is .set to expire on December 24, 1996. Because the city has not yet completed the changes to its ordinances to reflect the results of its study of telecommunications i.s.sues it is ncces.sary to extend the moratorium for an additional 90 days to March 24, 1997. SECTION 3. rclecommunication 1-acilitics. l*or the purposes of this Section the words used herein shall have the following meaning: 1 Telecommunication - the wireless transmission, emission or reception of energy or communication impulses by cable, microwave, satellite or radio signals affecting radio, telephone, telegraph (ir television communication or medical or industrial energy transmissions. Facility - any antenna, tower, or structure associated with the transmission, emission or reception of telecommunication signals. SECTION 4. Effective Date. This ordinance shall he effective after publication. Adopted by the City C'ouncil of Orono on this 9th day of December, 1996, by a vote of ayes and____nays. ATTEST: Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk Publish in the Laker and Pioneer newspapers the week of December 14, 1996 r Of-C 9 1996 REQl’EST FOR COUNCIL ACTION CmrOFORONO DATE: December 4, 1996 ITEM NO: ^ Department Approval: Name Dorothy Hall in nilc City Clerk Administrator Reviewed:Agenda Section: Administrator’s Report Item Description: Council Liaison to Park Commission and Planning Comtnission Attachment A. Proposed Schedule for Councilmember’s Attendance at Planning Commission Meetings The following is a proposed schedule for Councilmetnber attendance at the monthly Park Commission meetings during 1997. January 6 February 3 March 3 April 7 Mav 5 «T’ June 2 Barbara Peterson Mavor Jabbour Councilmcmber to be Appointed Charles Kellcv J. Diann Goetten Barbara Pe erson Tuesdav July 7 August 4 September 2 October 6 Mayor Jabbour Councilmembcr to be Appointed Charles Kellcv J. Diann Goetten November 3 Barbara Peterson December 1 Mayor Jabbour COUNCIL ACTION REQUESTED: Motion to approve schedule for Council attendance at the Park Commission and Planning Commission meetings during 1997. TO:Mayor HIcct JabKiur and Orono Councilmembcrs FROM:Jeanne A. Mabusth, Building & Zoning Administrator DATE:Decembers, 1996 SUBJECT : Schedule for Councilmembcrs' Attendance at Planning Commission Meetings for 1997 Ihe following is a schedule of assigned dates for Councilmembcrs to attend the Planning Commission meetings for the year 1997; Januar>' 21,1997 (Tuesday) Charles Kelley Februar>' 18,1997 (Tuesday) J. Diann Goetten March 17, 1997 Barbara Peterson April 21, 1997 Gabriel Jabbour Mav 19, 1997 Councilnicmber to be appointed ^ V June 16,1997 Charles Kelley July 21, 1997 J. Diann (ioetten August 18, 1997 Barbara Peterson September 15. 1997 Gabriel Jabbour October 20, 1997 Councilmcmber to be appointed November 17, 1997 Charles Kelley No December meeting Optional meetings ntay he held on the first Monday of the month commencing May through October. Optional meetings are scheduled at both staffs and the Planning Commission chairman's discretion depending upon the number of land use applications filed the previous month. Couneilmcmhers will be notified as soon as an optional meeting is scheduled, ch REQUEST FOR COUNCIL ACTION DEC 9 1996 CfTYOFonono DATE: Dece nber 4, 1996 ITEM NO: y ^ Department Approval: Name Dorothy Hallin Title City Clerk Adtninistrator Reviewed:Agenda Section: Administrator ’s Report Item Description Proposed 1997 Meeting Schedule Attached is a proposed 1997 Meeting Schedule. On this schedule the Council is scheduled to meet the 2nd and 4th Mondays of the month. The only exception is May when the fourth Monday is Memorial Day, therefore the Council meeting is scheduled on the fourth Tuesday, May 27. Only one Council meeting has been scheduled in December. Planning Commission is scheduled to meet the 3rd Monday of the month e.xcept in January' and February when the 3rd Monday is a holiday. In those months the Planning commission will meet on the 3rd Tuesday. As in past years there is no meeting of the Planning Commission scheduled in December. Optional meeting dates arc scheduled for the first Tuesday in May through October for the Planning Commission . Park Commission meetings are scheduled for the first Monday of the month. The only exception is September when the meeting is the first Tuesday because of a Monday holiday. All the holidays are indicated with an "X" and Friday, December 26 is shown as a designated holiday. COUNCIL ACTION REQUESTED: Motion to approve the 1997 Meeting Schedule. 1997 ORONO MKF/riNG SCHRDULE - COUNCIL CHAMHKRSKKY^ 7:00 p.m. Council Mccling 2nd & 4(h MondayC"^ 7:00 p.m. Planning Cunnnissiun 3rd Monday 7:15 p.m. Park Coininu^ion 1st Monday \/ Other Event X Offieial Holiday ^;*PLA.\NING COMMISSION - Maythrough October - 1st Tucsd.ay fa an alternate meeting date. Adopted: . May September February June October S M 5 12 19 26 T W T A - ”1 2 Aij) 8 9 15 16 ^21 22 23 28 29 30 F 3 10 17 24 31 '=■ i if i" 1997 s 4 11 18 25 March S M T W T F 2 9 16 23 30 Am17 11 18 25 5 12 19 26 6 13 20 27 7 14 21 28 S 1 8 15 22 29 July S M J.^W T 6 A V 9 10- .,7 24 31 13 li4 20 (21 27% i 1 J 2 15 16 22 23 29 30 F S >C 5 11 12 18 19 25 26 April T W T F S 1 2 3 4 5 8 9 10 11 12 13 m 15 16 17 18 19 5 M 6 A 20 ^ 22 23 24 25 26 27 M 29 30 August November S M T W T F S A 12 A 4 5 6 7 8 9 fWX 12 13 14 15 16 07)18 19 20 21 22 23 \M 25 26 X X 29 30 December S M T 2 9 5 16 2 22 23 28 29 30 7 ll W T F S 3 4 5 6 10 11 12 13 17 18 19 20 24 XX 27 31 REQUEST FOR COUNCIL ACTION DATE: Decembers, 1996 9 J995 ^Ofonono ITEM NO:7 Department Approval: .(/ Name Tom Kuehn Title Finance Director Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: 1996 Interfuiid Transfers and Loan Pa\ merits Attachment: Schedule of 1996 Interfimd Transfers and Loan Payments At the end of each year the Council is requested to authorize transfer of monies betw een funds. These transactions fall into two categories: 1. ) Budgeted Transfers - Items designated in that year's budget when originally adopted for the purpose of providir.g support from one fund to another. 2. ) Fund Obligations - Loans and payments from one fund to another to reim burse expenses incurred by one fund on behalf of another. This is generally for City portions of special assessments. COUNCIL ACTION REQUESTED: Approval of transfers as indicated on the attached schedule , seconded by.. to approve the intcr-PROPOSED MOTION: - Moved by,__ fund operating transfers, loan payments and special assessment payments on City owned property as presented, effective December 31, 1996. Ayes___, Nays___. SCHEDULE OF 1996 INTERFIJNn TRANSFERS AND LOAN PA^lvfFNTS FROM FUND General TO FUND General Building Outlay Imp and Equip Outlay AMOUNT PURPOSE $97,500.00 Annual operating transfer for capital equipment purchases, as budgeted. 1985 Improvement Bond Debt Service $ 4,490.00 1991 Public Facility Revenue Bonds Debt Ser\ice $130,000.00 Budgeted payment, 11th of 15 for special assessments re: sani tary sewer on City owned property in Cr>'stal Bay (Princ $3,080, Int $1,410.) Bal o/s 12-31-96 $12,312. Annual operating transfer for debt sen'- ice support of HRA Building Bonds, as budgeted REQUEST FOR COUNCIL ACTION q C DATE: ITEM NO: Department Approval: , / Name Tom Kuehn H Pr Administrator Reviewed: Title Finance Director Agenda Section: City Administrator's Report Item Description: Authorization to disburse City funds for claims received This month vve have only one Council meeting, scheduled for Monday, December 9th The second Council meeting, which falls on or near the Christmas holiday, has been can celled. in line with previous years practices. We will have the ne.xt scheduled Council meeting on Monday, Januaiy 13. 1997. We therefore are requesting authorization to do a normal claims processing for the canceled Council meeting. 1 his practice has been done in December each year with the Council then formally approving the claims at the first meeting in Januaiy of the follow ing year. COUNCIL ACTION REQUESTED: Authorization to disburse City funds in payment of claims received for the December 23rd Council meeting, which has been canceled, with formal approval of the paid claims at the January 13, 1997 regular Council meeting. PROPOSED MOTION: - Moved by,____, seconded by,_____, to authorize the City- Treasurer to disburse funds in payment of claims received for the December 23rd Council meeting, which has been canceled and that such paid claims are to be presented at the January 13, 1997 regular Council meeting for formal approval. Ayes , Nays REQUEST FOR COUNCIL ACTION DATE: Decembcr^l'1996 « ;,o ITEM NO: Department Approval: V • Name Tom Kuehn Title Finance Director Administrator Reviewed: M Agenda Section: City Administrator's Report Item Description: Appoint Auditor for Fiscal Year 1996 We have requested a cost estimate from the audit firm of Malloy, Montague, Kamowski, Radosevich & Company for performing the 1996 fiscal year audits. They have submitted an estimate of $16,600, excluding direct expenses, plus $1,500 for assistance with the application to the Certificate of Achievement for Excellence in Financial Reporting. This compares with an actual cost for the 1995 audit of $17,600 plus $771 for direct e.xpenses and $1,500 for the certificate program. A comparison of the 1996 actual cost to the 1997 auditors estimate is shown below. 1996 1997 Increase Actual Estimate CDecreasel Annual audit for the City $17,600 $16,600 ($1,000) Certificate of Achievement 1.500 1.500 -0- TOTAL $19,100 $18,100 ($1.0001 COUNCIL ACTION REQUESTED: Council appointment of the audit fimi of Malloy, Montague, Kamowski, Radosevich & Co., C.P.A.'s to perform the required audits for the 1996 fiscal year records. , seconded by., to appoint the auditPROPOSED MOTION: - Moved by.__ firm of Malloy, Montague, Kamowski, Radosevich & Co. to perfomi the required audits for the 1996 fiscal year at an estimated cost of $16,600 plus direct expenses and to assist with the Certificate of Achievement in Financial Reporting Program at a cost not to exceed $1,500 Aves , Nays___. .1 REQUEST FOR COUNCIL ACTION X DATE: Decefii^ 6, ITEM NO:^^^£jP '^/o Department Approval: Name Dorothy Hall in Title Citv Clerk Administrator Reviewed:Agenda S^3i||^ Licenses Item Description: List of Licenses for Council Approval There are no licenses. COUNCIL ACTION REQUESTED: J s Crty «>V0 isse 3 Dec 1096 TU« 10:41 AM Check Register City of Orono Check Number £)ste Name Check Number 52737 52737 CITY COUNTY CREDIT UNION 04-Dec-96 CITY COUNTY CREDIT UNION Totals Check Number 52737 CITY COUNTY CREDIT UNION Check Number 52730 FIRST NATIONAL BANK OF LAKES 52738 52730 52730 04-Dec-96 04-Dec-96 04-Dec-96 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totals Check Number 52738 FIRST NATIONAL BANK OF LAKES Check Number 5273 9 GREAT WEST LIFE ASSI^FJOiCE CO. 52739 04-Dec-96 GREAT WEST LIFE ASSURANCE CO Total! Qifck N*jmber 52739 GREAT WEST LIFE ASSURANCE CO. Check ITumbcr 52740 HENNEPIN CO. SUPPORT 4 COLL 52740 04-DCC-S6 HENNEPIN CO. SUPPORT 4 COLL Totals Check Number 52740 HENNEPIN CO. SUPPORT 4 COLL Ciaack Number 52741 HENNEPIN COUNTY SUPPORT 4 COLL 52741 04-Dec-96 HENNEPIN COUimf SUPPORT 4 COLL Totals Check Number 52741 HENNEPIN COLTmf SLTPPORT 4 COLL Check Nunber 52742 ICMA RETIREMENT TRUST - 457 52742 04-Dec-96 ICMA RETIR£>'.£NT TRUST - 457 Totals Check Number 52.42 ICMA RETIREMENT TRUST - 457 Check Number 52743 LAW ENFORCMENT LABOR SERVICE 52743 04-Dec-96 LAW ENFORCMENT LABOR SERVICE Totals Check Number 52743 LAW tNFORCMENT LABOR SERVICE Check Number 52744 MN DEPT OF REVENUE 52744 04-Dec-96 MN DEPT OF REVENUE Totals Check Number 52744 MN DEPT OF REVENUE Check Number 52745 MUTUAL LIFE 52745 04-Dec-96 MN MUTUAL LIFE Totals Check r\.mber 52745 MN MUTUAL LIFE Transai tion Am nint 6.400.00 6.460.00 3.274.05 3.274.05 10.221.01 16.769.11 1.190.00 1,190.03 164.82 164.82 is- 104.50 100.00 100.00 0.00 0.00 4.309.16 4.309.16 55.00 55.00 Page 1 Comments SAVINGS W/H & TRANSFERRED FICA 6 MEDICARE W/H FICA.MEDCR CIa'Y SHARK FEDERAL WITHHOLOIOT DEFERRED COMP W/K THOKTON iC0266780 ifAEEN 9C0262310 DEFERRED CCMF W/K UNION DUES W/H STATE TAX W/K DEFERRED COMP W/ri i 3 De6 TUC IQ:il «n Check Register City of Orono Check hunber D«te Heme Check Humber S3746 53746 ret STATE RETIREHE^rr-DEr COKP 04-Dec-96 «H STATE RETIREMENT-DEF COHP Totals Check Number 52746 m STATE RETIREMENT-DEF CC«P Check Number 52747 PEBSCO/OBRA 52747 04-Dec-96 PEBSCO/OBRA Totals Check Number 52747 PEBSCO/OBRA Check Number 52748 PEBSCO/US CCNF OF MAYORS 52748 04-Dec-96 PEBSCO/US CONF OF MAYORS Totals Check Number 52748 PEBSCO/US CONF OF MAYORS Check NUflfd^r 52749 PERA 52749 52749 04-Oec-96 04-Dec-96 PERA PERA Totals Check Number 52749 PERA Check timber 52750 UNITED WAY 52750 04-Dec-96 UNITED WAY Totals Check Number 52750 UNITED WAY Grand Total Transection Amount 150.80 150.00 18.14 88.14 2.002.50 2.002.50 5.558.04 7,570.41 13,128.45 29.00 29.00 44.630 68 Page 2 Comenta DEFERRED CC^ W/H OBRA DEFERRED COM? W/H USCM DEFERRED CCMP W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H • 9 S Dmc 1996 Thu 4:15 PM Checfc MUffd5#r D«t«Nama Check Reglttar City of Oroxio Tranaaction Amount Page 1 Ccrwnenta Qieck dumber 52751 52751 52751 ALL STAR ELECTRIC 05-DCC-96 ALL STAR ELECTRIC 05-Dec-96 ALL STAR ELECTRIC Totals Check Number 52751 ALL STAR ELECTRIC 544.37 25.00 569.37 INSTALL 3 HORNS OH L.S REPAIR RECEPTICAL Oieck Number 52752 ATET 52752 OS-Dec-96 Totals Check Number AT4T 52752 AT4T 87.26 87.26 LONG DISTANCE CHARGES Check 5275: AT4T WIRELESS SERVICES 52753 52753 52753 OS-Dec-96 05-Dec-96 05-Dec-96 Totals Check Number ATfcT WIRELESS SERVICES ATfcT WIRELESS SERVICES AT6T WIRELESS SERVICES 52753 ATSiT WIRELESS SERVICES 5.45 5.44 162.89 173.78 CELL PHONE CHARGES CELL PHONE CHARGES CELL PHONE CHARGES Check Number 52754 BENEFITS DESIGN GROUP 52754 05-Dec-96 Totals Check Number BENEFITS DESIGN GROUP 52754 BENEFITS DESIGN GROUP 933.99 933.99 DECEMBER ADMIN FEE Check Number 52755 BITJMINOUS ROADWAYS INC. 52755 05-Dec-96 Totals Check Number BITJMINOUS ROADWAYS INC 52755 BITUMINOUS ROAI’WAYS INC. 750.52 750.52 WINTER MIX PATCHING Check Number 52756 BLACKOWIAK & SON 52756 05-Dec-96 Totals Check Number BLACKOWIAK & SON 52756 BLACKOWIAK k SON 168.58 168.58 NOVEMBER SERVICE Check frumber 52757 BONESTROO ROSENE k ASSOC. 52757 52757 05-Dec-96 05-Dec-96 Totals Check Nuir^r BONESTROO ROSENE k ASSOC, BONESTROO ROSENE k ASSOC, 52757 BONESTROO ROSENE k ASSOC 261.00 2.621.41 2.882.41 TH12 SWR EXT MTG ATTEND SEPT C.C. MTGS Check Number 52758 BRINK.HAUS, JACK 52750 05-Dec-96 Totals Check Number BPINKHAUS, JACK 52758 BRINKJIAUS, JACK 20.10 20.10 EXPENSE REIMBURSEMENT Check Number 52759 BUDGET PRINTING 52759 05-Dec-96 BUDGET PRINTING 5.49 RETURN POSTAGE S Dec 1996 Thu 4:15 PM Check Number Check Number 52759 Check Register City of Crono Date Name 52759 BUDGET PRINTING 05-Dec-96 BUDGET PRINTING Totals Check Number 52759 BUDGET PRINTING Check Nunvher 5276 0 CHUNKS LAKESHORE AUTO 52760 52760 52760 52760 05-Dec*96 05-Dec-96 05-Dec-96 05-Dec-96 CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO Totals Check Humber 52760 CHUNKS LAKESHORJI AUTO Check Number 52761 CITY OF LONG LAKE 52761 05-Dec-96 CITY OF LONG LAKE Totals Check Number 52761 CITY OF LONG LAKE Check Number 52762 COMMUNITIES IN COLLABORATION 52762 05-Dec-96 CO^t^UNITIES IN COLLABORATION Totals Check Number 52762 COM-TJNITIES IN COLLABORATION Check Number 52763 E-Z RECYCLING 52763 05-Dec-95 E-Z RECYCLINO Totals Check Number 52763 E-Z RECYCLING Check Number 52764 ESI COEWUNICATIONS 52764 05-Dec-96 ESI COfKUNICATIONS Totals Check Number 52764 ESI COWUNICATIONS Check Number 52765 EXPRESS MESSENGER 52765 05-Dec-96 EXPRESS MESSENGER Totals Check Number 52765 EXPRESS MESSENGER Check Number 52766 FITZCO INC. 52766 52766 05-Dec*96 05-Dec- riTZCO INC FITZCO INC Totals Check Number 52766 FITZCO INC. Check Number 52767 FORD CONSTRUCTION 52767 05-Dec-96 FORD CONSTRUCTION Transaction Amount 6.13 11.61 166.62 47.92 151.06 161.04 546.64 3.971.25 3.971.25 30.00 30.00 5.422.92 5.422.92 74.00 74.00 4C.11 40.11 116.83 157.46 *74.29 i>^TERING 5WR LINES HISC. SUPPLIES NOVEMBER RECYCLING CHARGE SWITCH PHONES PACKAGE DELIVERY PROPERTY ROOM SUPPLIES EVIDENCE PREP SUPPLIES 55,252.92 PAY #2, L.S. 620 5 Dec 1996 Thu 4:15 PM Check Register City of Orono Cneck Humber Date Name Check Number 52767 FORD CONSTRUCTION Totals Check Wurfiber 5276 7 FORD CONSTRUCTION Check NUB^r 52768 FOX INTERNATIONAL LTD INC. 52768 05-Dec-96 FOX INTERNATIONAL LTD INC Totals Check Number 52768 FOX INTERNATIONAL LTD INC Check Number 52769 FRANKLIN QUEST 52769 05-Dec-96 FRANKLIN QUEST Totals Check Number 52769 FRANKLIN QUEST Check Number 52770 FROST. SKERRY R. 52770 05-Dec-95 FROST. SKERRY R Totals Check Number 52770 FROST. SHERRY R Check Number 52771 GALL'S INC 52771 05-Dec-96 GALL'S INC Totals Check Number 52771 GALL'S INC Check Number 52772 HARD DRIVES 52772 05-Dec-96 HARD DRIVES Totals Check Number 52772 HARD DRIVES Check Number 52773 HASEMAN, CAROLE 52773 05-Dec-96 HASEMAN. CAROLE Totals Check Number 52773 HASEMAN, CAROLE Check Number 52774 HENN COLTTTY TREAURER / 52774 05-Dec-96 HENN COUNTY TREAURER / Totals Check Number 52774 HENN COUNTY TREAURER / Check Number 52775 HENNEPIN COUNTY SHERIFF 52775 52775 05-Dec-95 05-Dec-9€ HENNEPIN COUNTY SHERIFF HENNEPIN COUNTY SHERIFF Totals Check Nurrber 52775 HENNEPIN COUNTY SHERIFF Check Number 52776 HENNEPIN COUNTY TREAS. 52776 C5-Dec-96 HENNEPIN COUNTY TREAS Transaction Aisount 55,252.92 36.69 38 69 199.00 199.00 535.00 535.00 160.98 180.98 7,692.69 7,692.68 13.50 13.50 916.00 918.00 14S.21 10,850.81 10,996.02 341.76 Page 3 Coenents WTR RESCUE THROW BAG GAF?\-SEMINAR PARK COWISSION MTG 8176 REPLACE POWER SUPPLY OCB ROAD TRAIL PAY 82 MILEAGE REIMBURSEMENT OCT ROOM & BOARD OCTOBER BOOKING FEES 1996 RADIO LEASE POSTAL VERIFICATIONS . 1 S Dec 1996 thu 4:15 PM Check Number Check Number Check Register City o£ Orono Date 52776 HENNEPIN COUNTY TREA8 Totals Check Nurnber 52776 HENNEPIN COUNTY TREAS Check Number 52777 KOEHNEN-S AMOCO Traniactioa Amount 341.76 Page 4 Ccrrsncnts 52777 05-Dec-96 Totals Check Nur?^er KCEHNEN'S AMOCO 52777 KOEKNEN'S AMOCO Check Nuff^er 52776 MACA 40.36 40.36 KISC PARTS 52778 05-Dec-96 Totals Check Number ?^ACA 52778 MACA Check Number 52779 MEDICA CHOICE 10.65 10.65 ANIMAL STATUTE BOOK 52779 52779 52779 05-Dec-96 05-Dec-96 05-Dec-96 Totals Check Number MEOICA CHOICE MEDICA CHOICE MEDICA CHOICE 52779 MEDICA CHOICE 262.C3 112.29 11,039.76 11,414.08 DECEMBER INSURANCE DECEMBER INSURANCE DECEMBER INSURANCE Check Number 52700 METRO WASTE CONTROL COMMISSION 52780 21-NOV-95 Totals Check Number METRO WASTE CONTROL COMMISSION 52700 METRO WASTE CONTROL COMMISSION 4,455.00 4,455.00 SAC CHARGES-OCT Check Number 52701 MILLER, CHRIS 52701 05-Dec-96 Totals Check Number MILLER, CHRIS 52701 MILLER, CHRIS 50.40 50.40 MILEAGE REIMBURSEMENT Check Number 52702 MINNEAPOLIS OXYGEN COMPANY 52702 05-Dec-96 Totals Check Number MINNEAPOLIS OXYGEN COMPANY 52782 MINNEAPOLIS OXYGEN COMPANY 13.50 13.50 MEDICAL OXYGEN Check Number 52783 MINNE3ASC0 52783 52793 52703 05-Dec-96 05-Dec-96 05-Dec-96 Totals Check Number MINNEGASCO MINNEGASCO MINNEGASCO 5270 3 MI.NNEGASCO 36.9 274.9^ 097. J 1,209.13 '.AS CHARGES 'S CHARGES •AS CHARGES Check Number 52704 MN LEFT OF WEALTH 52764 05-Dec-95 Totals Check Number MN DEPT OF HEALTH 52784 MN DEPT OF HEALTH 1.058.00 1.058.00 4TH QTR WTR SURCHARGE k... S Dec I99€ Thu 4:15 PM Check Register City of Orono Check number Date Name Check IfUiT^r S27tS 527S5 MN DEPT OF REVEITJB 05-Dec-95 MN DEPT OF REVENUE Totals Check Number 52785 H3 DEPT OF RT/ENUS Check Assber 52784 HOORSE. RON 52784 05-Dec-94 MOORSE. RON Totals Check Slumber 52784 MOORSE, RON Check Number 527S7 MTGF 52787 OS-Dec-94 MTGF Totals Check Number 52787 MTGF Check Number 52768 NSP 52788 52788 52788 52788 52788 05-Dec-94 05-Dec-96 05-Dec-94 05-Dec-96 05-Dec-96 NSP NSP NSP NSP NSP Totals Check Number 52788 NSP Check Number 52789 O'SULLIVANS AUTO REPAIR 52789 05-Dec-96 O’SULLIVANS AUTO REPAIR Totals Check Number 52789 O'SULLIVANS AUTO REPAIR Check Number 52790 OFFICE DEPOT 52790 05-Dec-96 OFFICE DEPOT Totals Check Number 52790 OFFICE DEPOT Check Number 52791 PIPE SERVICES CORP. 52791 05-Dec-96 PIPE SERVICES CORP Totals Check Number 52791 PIPE SERVICES CORP. Check Number 52792 POSTMASTER 52792 06-Dec-95 POSTMASTER Totals Check Number 52792 POSTMASTER Check Number 52793 PRECISION BUSINESS SYSTEMS 52793 05-Dec-96 PRECISION BUSINESS SYSTEMS Transaction Amount 35.00 35.00 115.79 115.79 90.00 90.00 96.39 962.07 1.877.48 ],886.48 144.44 4.966.86 199.50 199.50 179.13 179.13 10,278.47 10,278.47 24.00 24.00 37.28 Page 5 Comments NOVEMBER SALES TAX EXPENSE REIMBURSEMENT STEFFENHAGEN-MTGF CON? NSP CHARGES NSP CHARGES NSP CHARGES NSP CHARGES HWY 12 4 WILLOW OCT CAR WASH TICKETS MISC. OFFICE SUPPLIES TELEVISE LINES P.O. BOX RENTAL REPAIR H.H. RECORDER I I S Dec 1994 Ihu 4: IS FH Check Number Check Register City of Orono Date Name Check Ihimber 52793 PRECISION BUSINESS SYSTEMS Totals Check Number 52793 PRECISION BUSINESS SYSTEMS Check Number 52794 52794 PRO TIRE 4 EXHAUST 05-Dec-96 PRO TIRE k EXHAUST Totals Check Number 52794 PRO TIRE k EXHAUST Check Number 52795 52795 RC IDENTIFICATIONS 05-Dec-96 Totals Check Number RC IDENTIFICATIONS 52795 RC IDENTIFICATIONS Check NuiT^r 52796 52796 STA-SAFE LOCKSMITH 05-Dec-96 Totals Check Nuff^er STA-SAFE LOCKSMITH 52796 STA-SAFE LOCKSMITH Check Humber 52797 52797 TOWN k COUNTRY 05-Dec-96 Totals Check Humber TOWN k COUNTRY 52797 TOWN k COUNTRY Check Number 52798 52798 TRI-K SERVICES 05-Dec-96 Totals Check Number TRI-K SERVICES 52798 TRI-K SERVICES Check Nu**ber 52799 52799 52799 ULTRAMAX 05-Dec-96 OS-Dec-96 ULTRAMAX ULTRAMAX Totals Check Number 52799 ULTRAMAX Check Number S2B00 52800 UNIFORMS UNLIMITED 05-Dec-96 Totals Check Number UNIFORMS UNLIMITED 52800 UNIFORMS UNLIMITED Check Number 52801 52801 UNIV OF MINNESOTA 21-Mar-96 Totals Check Number L-NIV OF MII^.TSOTA 52801 UNIV OF MINT.IISOTA Check Number 52902 US WEST COMMUNICATIONS Transaction Amount 37.28 25.00 25.00 3.73 3.73 40.00 40.00 963.83 963.83 318.38 318.38 276.00 1,018.00 1,294.00 916.30 916.30 220.00 220.00 Page € C'^iaents S170 TIRS SERVICE ID CARD REPAIR LOCK OCTOBER SERVICE MIXED GRASS SEED AMMO AMMO NOV UNIFORMS WECKMAN-REGISTRATION 52802 05-Dec-96 US WEST COMMLTIICATIONS 277.51 US WEST CHARGES S 199€ Thu 4:1S PH Check Register City o£ Orono Page 7 Check Number Date Name Transact ion Amount Comments Check Number S2802 52802 52802 52802 OS WEST COfWCNICATIONS 05-Dec-96 US WEST COWCNICATIONS 05 -Dec-96 US WEST C0^WUNICATI0NS 05-Dec-96 US WEST O^WUNICATICNS Totals Check Number 52002 US WEST COM^TilCATIONS 29.38 67.98 689.75 1.064.62 US WEST CHARGES US WEST CHARGES US WEST CHARGES Check Number 52803 WALDOR PUMP 52803 05-Dec-96 Totals Check Number WALDOR PUMP 52803 WALDOR PUMP 6.435.27 6.435.27 LIFT STATION INSPECTIONS Check Number 52004 WARNING LITES OF MN 52804 05-Dec-96 Totals Check Number WARNING LITES OF MN 52804 WARNING LITES OF MN 22.53 22.53 BARRICADE RENTAL Check Number 52805 WARREN SHADE 52805 05-Dec-96 Totals Check Number WARREN SHADE 52805 WARREN SHADE 281.00 281.00 BLINDS FOR RECEPTION AREA Check Number 52006 WRIGHT HENNEPIN ELECTRIC 52806 52006 05-Dec-96 05-Dec-96 Totals Check Number WRIGHT HENNEPIN ELECTRIC WRIGHT HENNEPIN ELECTRIC 52006 WRIGI HENNEPIN ELECTRIC 8.18 9.00 17 18 SECURITY LIGHT SECURITY LIGHT Grand Total 137,904.37 INFORMATION ITEMS COUNCIL MEETING CXXJNCILIlEniNQ DEC 9 1996 OF CfTYOFORONO 1 ( Obituaries— 32L^keshore___VVfe|^dy NewsCommunity Journal of the West Suburban Lakes Area Long Lake okays Hwy. 12 plan Many residents feel left out of decislon-making process By Laura Ehramjian TT^ unning until 11:15 p.m, and held in the chilly Fire JL^House to accommodate the larger than usual -residenf turn out. Long Lake's* Tuesday- night meeting answered what some thought to be the never- ending question. The City Council gave their unanimous approval to Alternative 6 North, the latest of the many Minnesota Department of Transportation's (Mr*DOT)'s Highway 12 Corridor proposals. Mayor Tod Olson made the armouncen.^'nt "'We're not open ing this up for a rash of state ments. V/e've already had the hours and occasions for that," but he still allowed a few resi dents to have their sa)’, before the vote w'as taken. Pat Borgert, President of the Current Corridor Coalition was one of them. She complained of a lack of information, partial infor mation, and misleading ii. orma- tion coming from MnDOT and felt that an Environmental Impact Statement (EIS) should be mandatory'. "I urge you to vote 'No' this proposal," she emphatically stated Borgert's daughter Cynthia again voiced her concern about relocated children being closed out of the Orono School District. David Pierson, Chairman of the Long Lake Planning Commission said, "This problem w'on't go away and maybe this is our best chance to have some thing done the w'ay we want it. I'd be willing to go along with the proposal if you can assure me that this boulder can be stopped." He was concerned about changing MnDOT's plan in the future if it is found to be faultv. Resident Gary Ringus echoed this sentiment. "If this train starts rolling, is there any way to stop it?" Ringus asked. T. Olson replied, "The train has already started rolling." Another resident felt she was Continued on page 21 Homes foi' the hdUidays Kf. T m' mmm.mm2MW i ;ii ^1. -v^ A tour Into the heart of *Historlc Excelsior ’ By Bill Boudewyni Apartment blaze sparked by careless smoker By Patty MacDonald ire broke out in an apart ment building at 815 E. Rice Street in Wayzata early last from the fifteen unit complex. Twenty-one Wayzata firefight ers were on the scene as were back-up crews from Plymouth and Long Lake. AU ,4 ft. Roland Keraneit, a resident of the building, spent Monday morning salvaging his posses sions. He told the Lakeshore Weekly Nexus, "I woke up to the sound of JL dding to the charm of /\ Excelsior during the hol- JL JLidays is difficult to do. With shoppers strolling down the sidewalks in front of shops, snow covering the trees and the beauty of Lake Minnetonka frozen over, events seem trivial compared to the sheer charm and warmth of the town. However, the Holiday Homes Tour, part of the Excelsior Chamb^ of Commerce's slate of wasn't truly wonderful," she said. "These homes are wonder ful and we'll have much betto weather." The temperature during la^ year's Tour was -26. Temperatures are expected to reach 30 this weekend. In its second year, ihe Topr features seven homes in Excelsior dressed to the nines with greenery, ribbons, lightings floral arrangements —every thing to stir nostalgia for those good, old-fashioned holiday cJ- cember 5, 1996mes tinued from page 1 homes include: Center St.—Built in 1906. Oas Family reside here. Maple St.—Victorian-style se built in 1890. Dan and Roden reside here. 0 First St.—Built in 1897. in and Kathy Schurman Je here. Mil! St (Christopher —Built in 1887, now owned 1 operated by Howard ison. 17 First St.—Built between } and 1905, it was formerly >wn as the Old Catholic Sion. Charlie and Mariyn n)son reside here. M W. Lake St.—^The young- ' of the group, built in 1945. :hael and Jody Schepers de here. 7\ Third St (Congregational urch)—Located at this site cel871. Vhile the residents of :elsior open their homes to )ur-ists" during the holiday son, visitors are sure to be ighted by the architecture, rm and decorations of these nes. ickets for the Tour are avail- e through Excelsior mer- ints, including Animal ages. Artworks, osebumps. Heritage II, rtin's. Once Upon A Time tiqo^s. Truffle Hill xoL..vS and Union Place, or more information, direc- is and ticket information call Excelsior Chamber at 474- 1 or Karen Drahch at 476- >. According to Drahos, a Lakeshore Weekly NewsLong Lake Continued from page 1 n't getting necessary information and had no control of this process, saying "I feel like I'm being run over by a truck." City Attorney Chris Dietzen explained to a resident wanting to know why they couldn't have a referendum to deci de the mat ter "It would be un. v: ^^titutional. A referendum is not the legal method for deciding these issues. It is the elected body that make legislative decisions." Dietzen went on to talk about the "Memorandum of Understanding" (MOU) bet* -^en the City and MnDOT, th s newly revised and address* le 14 "Conditions" set by LwOg Lake The isl . s most in contention were .sidential properties not removed, but negatively impacted by the building of the new road, and the relocation of families into affordable housing within the Orono School District. While the wording in the MOU was legalistic and unspecific, Dietzen felt that MnDOT was committed to working with the city for the mitigation, of these problems. "It is my opinion that this does meet the conditions," Dietzen said and also told the residents that this w'as a legally binding agreement. When asked "Are you satisfied with the MOU?" Dietzen replied, "It's a good and fair doc ument and I'm hcippy with it." Then the "elected body" went into action. Each council member, as they voted to approve the res olution, gave their various rea sons, starting with Mayor-elect David Sawyer. "The most popular thing for me to do, would be to vote 'No'," he said. "But I feel history would not support that decision. It w'ould only be delaying the inevitable and putting off the decision for another city council to make." He didn't believe those that said Long Lake w ould be ruined by the new^ road, saying "We are a strong city Long Lake will not only survive the construction of the two-lane highway, but will go on to thrive as a community." He told the crowd that from his conversations with many res*- dc.its, he'd found there w^as a great deal of support for this cor ridor and for doing something soon. But he spoke apologetically to some of the people at the meet ing —"As 1 look at those here tonight who have supported me in the past, making this long term decision that's ugainst their de^ires, is very difficult for me." Counciimember Jim Hartfiel mer.tioned plusses of this proposal, over others. "This current route takes advantage of an existing road way. Now' it's on the north side of the railroad tracks. It's gone from four lanes to two and MnDOT has agreed to no expansion for at least 20 years." He was enthusiastic about the help that Long Lake would receive, as a result of the road, stating, "This is a very political route, and because it is, w'c'ie getting a lot of help from the state on our infrastructure and in find ing affordable housing foi peo ple." As to the effect on businesses along present Hwy. 12, Hartfiel thought they would do even bet ter because of the improved traf fic conditions. "I think this Council has dc>ne a lot to dot all our I's and cross all TV' he said Counciimember Mike Bash discussed the present Highway 12 problems, pointing out that it is functioning as both a main street and as a principle arterial in the highway system, he said "These are incompatible uses and that needs to be dealt with." He agreed w ith Hartfiel. "Some of our businesses and potential businesses are hurt because of the difficulty in getting off and on Hwy. 12, he said. "And on the subject of the many Hwy. 12 Corridor routes propcced and rejected. We've created a terrible uncertainty ior our citizens for years and years and years." When asked "Does MnDOT's current proposal meet the needs of the city?" Bash answered "I think it does," and referring to all the agrecnients statea in the MOU, ho added "We've got them to say things they've never s^*d before." Counciimember Liz Olson felt that using a pre-existing traffic corridor (the train route), w^as the best alternative and commented "It's a compromise on everyone's part." And "It's time to make a decisic n." T. Olson said that Long Lake would need to collect 100- 200 thousand dollars per year, in taxes, to pay for the new City' Hall and Fire Stahon, the sewer lines, the new storm water pond ing facility, the trails, sidewalks, and other infrastructure that they will be receiving, or helped with, because of the new' road Sawyer, as well as other mem bers of the council, urged the community' to stay involved with the project. He felt that the more challenging issu» s w ere still ahead and they could help "by being involved in each stage of the project and standing strong on the agreements with MnDOT." Hartfiel reiterated the need for residents to help control the changes, telling them 'The only way to do this is to stay involved with the design prcKess." Bash told the residents that they have helped already. "The issues you've raised have made the conditions we've set and the decisions we've made, better." Long Lake has requested that w'hen the new^ Highway 12 is built, that the present Hwy. 12 name be changed to "Long Lake Boulevard". A second matter that drew res idents to this long, cold meeting, was the Public Hearing for pro posed street improvements on Dexter Drive, Kennedy Lane, Apple Glen and Westwood, as the first stage of Long Lake's Road Management Plan. CITY OF FOGEFS TEL :41:5-Dec OF. .96 11:66 Mo. 004 F.Ol NORTHWEST HENNEPIN LEAGUE OF MUNICIPALITIES 12913 Mam Strcel. RoQt rv. MM 65374 PhllHp ForMth Chair 427.2ftft0 Tim ZImmtmin Vio«<Ch«lf 408.7531 0«ry cuai ••oratory-Traa^urar 428-2253 Marvirt Johnaon Dirtotor 470<2274 ”^6fh‘MoCro»Mn Olrtotor 4?Sat100 6:00 p.m. 6:15 p.iu. 7:00 p.m. agenda Wednesday, December II, 1996 Independence C'ity Hall Socializing UufTet i>iniict Tlusiness Meeting •Approval of Mimiles forNovcmbi l.T, 1990 •('oiniminity Updates •Presenlalion on Estimating FisaiHni|MCts ol Kcsidenliai Developments in Smaller Commno'l'v^- (The worksession includes stalT taeiiH*cr'. fioin tin Minnesota Extension Service, city stol* mul consultants from the City ol Indepeiitlcnce, niul proposed rcsuieniiu development within the City .*f Indcpemlcmc.) The discussions will provide insight in H>c economics of residential development mul provide eo.u vpis that could he applied by Plauning Commission .'iml Cny Councils in preparing land use pl.^ns, considering zoning code amendments, and reviewing devdopiiuiil i.iroposiils. •Election of OfTicers for 1997 •Other Business 9:00 p.m. Adjourn. Ti e Nortlmcsl Uaeuc encourages conunumty leaders. om.uiU nnd od.e.s .o auenu ll.e ^..0join, call the Ciiy of Rogets al 428-2253 by Monday. Dcccmh:i V to .iHou us lo nuK. neccss.u’y arrangcincats for the bulTei dinner. Corcoran • Dayton • Or*«nl,<id • • uaiian • ino#|>«nde<.te . Crov . PU.n • Mad.na a IVI nnetr.Ua • Room I 4V*«tf iV 4.A «t CITY OF FOOEFi TEL :4j T.I‘0C OC No.C'04 P.02 DIRKCTIONS TO INDEPENDENCE Cl I V HAI L mi i! I vAl , •»/y t •>:« ‘vV-i ^ "' f ’ j # ^ 1>~ -iwrr^^L ■'••." ^ k ^ ‘ K ^ ^1 k A I a\ •-. ' '.•!• •-..p:4;;,r:;,/>.J| ’ ^ \ '' V - i A* H— . * • V, «*»■* }^,T* -^x- ^ /«r. ri*!5.^ HI W. •' -' . t ’\ ■ >X.'\ '*-*1^ '.TN vs ^^w^„.-.C. ..S^|lhrte-/fe -- Ji ‘\ \ *•' /' L- iV394/llwy. 12 VVcM through Maple Plain. Appio.ximatHy I mile outside tlur Maple l*lain city limits to County Road 90 - turn right (goinp North) Cioss tl e rnihuad tracks and the city hall i.s immediately on the right (east) side of the load. From Highway 55 and Countv Roatl 19 On Countv Road 19, go thioiigh Loretto to Couni> Road 1). Turn rigid (west) onto County Road 11 down to County Road 90 Turn Id) (south) on County Road 90 and go approximately 1 '-'2 miles to City Hall, which will be on Id) side of road It you cross the railroad tracks, you’ve gone to far' ..., Mind-Opei^er Series R egistration FormN;imc(.s) Budding G>mmunity From Ndghboiiiood to R^on Y^rnat is comnuinity? Experts the world over study the W make-up arxi clicmistry of community, looking tor the secret formula from which community is built TNo we have conrmunity Irerc in the Twin Cities? [>) we JLyhave community within our neighborhootls? Do we have a regional community? Many people would answer no, or at least that there is rown for much improvement, particularly in the region-wide sense of community YY/hat, then, is the source of this lack of community? W Many people today decry growth as one source of our decaying sense of community for the way it |>ulls us apart instead of bringing us together. City versus suburb, NIMBYism, zoning, poverty concentrations, racism — at tlieir core, they all segment and separate people away from one another instead of toward each other. YY/l’^b happen to achieve a shared vision of W community from neighborhoods to the region’ Ihis series will take stock of wliere we are trxJay in our vision for community. It will hear numerous perspectives of what Twin Cities communities should look and act like — indeed, what we want our neiglilrorhoods, cities and entire region to Ire and to represent “'vhen they grow up." *Tlie first discussion will look at an urban and suburban X vision for the built environment. The second event will investigate the strategy for Ixiiiding a regional vision. Tlic final date will feature a dLsacssion of shared responsibilities for building a sense of local and regional community. ♦ l-ridav. December 1 ^ ♦ 7:30 a m to 9;tX) a in Gary Laurent President, Ijinrcni liinidcrs Mattliew Ramadan Excciitiiv Director, Northsich Rcsickmcc Reiicivlopmenl Couttctl Address ♦ Tue.sday, December 17 ♦ 7:30 a in to 900 a in Curtis Johnson Chair, Metropolitan Council ♦ Friday. Dccembyr 20 ♦ (please note time) 9:(M) am to 10 30 am. Sharon Sayles Belton Mayor, City of Minnea/)olis Jean Harris Mayor, City of lulcn I’rairic All events are at the University Club, 420 Summit Avenue in St. Paul. The cost includes a conlinental breakfast. Preregistration is recommended, hut not required. Audio tapes are avaihNn for S8. Day Phone Meetings 1 plan to attend: G Friday, Dec. IJ Luuent/Rantadan □ Tuesday, Dec. 17 Curtis Johnson □ Fnday, Dec. 20 Srtylcs Dclton/I larris Price per meeting: G cL members: $10 Q non-mcmbers: $15 Method of payment: G Check enclosed for $ _ make checks payable to the Citizens League G Charge my: Q Vis;i Q Master G Discover Card « Expiration date:. Signature G Please bill me G I’ll pay at the door Mail, phone, e-mail or fax to: CI TIZENS LEA('.UE 708 South 3rd Street, # 500 Minneapolis, MN 55415 Phone 338-0791 PAX 337-5919 E-rmil citi/cn0cpx.cis.umn.cdu The Citizens League promotes the public interest in Minnesota by involving citizens in identifying and framing critical public policy choices, forging recommendations and advo- eating their adoption. Through iis publications and meetings, the Citizens League informs and educates. League breakfast meetings, now in their 34th year, are the longest- running public affairs forum in the state. They probe the heart of public issues, pull together the most salient arguments and spur citizens to take part in the debate. The Mind-Opener meetings reflect the League's conviction that democracy doesn't just happen; it's the fruit of controversy, debate, commitment and risk. But the Mind-Opener breakfasts are also a lot of fun. We hope that you will join us and find out for yourself. A reduced price on breakfast meelinp is just one of the benefits of membership in the Citizens League. Call 612/338-0791 for membership information. Please also share this program and other League activities with colleagues and friends, and encourage them to join. o -D ^ o (D CD CD X 0) o o 2 *<o O) S Z m CL o 0) cncn Ca) IV) Ca3 0)rr 0) 3 ^ 3 nX' * r •■o S||,rJp Lno z Ln £ VI ^ - q- CITIZENS<nN LEAGUE Mind-Opener Series Building Community I ■ Part Two: Brom Neighborhood to Region December 13, 17 and 20 University Club 420 Summit Avenue St. Paul CITIZENS LEAGUE 708 South 3rd Street, Suite 500 Minneapolis, MN 55415 612/338-0791 Fax 612/337-5919 Email; citizcn®epx.ci.s.uinn.edu Wellsite httpy/frcenet.iasp.mn.us/ip/pol/citi2eiy Regional Capital Planning and Management for Local CC> league rrtJf mm Thursday, December 19, 1996 Marriott Bloomington. Mall of America ’ 2020 East 79th Street Bloomington, Minnesota Standard i nTd"iu*’''''resources. Join capital budgeting «>d debt management. n,e speakL will mldress the r«ronT tax-sharing, make capital planning unique n Minnesota. Di^sions will idertifv th/h H financial challenges which n»l. pncticl rcoon,m,„da,i„„, for successfully thieving inlrsst^ull ““ '"“‘““i""*' »<l 8:00 a.m. R^islralion/Coffce Service 8:30 a.m. Wdeome & IntrodHction Sarah Eubanks. Director, Standard & Poor s. Chicago 8:45 a.me The Regional Economic Environinent & Challenges • Competitive issues • Role of the public sector • Economic alternatives • Benefits of interdependency • Coordinated approach Lyle Wray, Executive Director^ Citizens League Paul Anton, President, Anton Sc Associates 9:45 a.m. Coffee Break 10:00 a.m. Practical Efforts in Regional Capital Planning • Components of coordinated regional capital planning and debt management • Professional perspectives John Moir, Director of Finance, City of Minneapolis Martha Larson. Director of Finance, City of Saint Paul Dr. David Wettergren. Superintendent. Stillwater School District Patrick Hentges. City Manager, City of Mankato Daniel O’Neill. Executiw Vice President, Springsted. Inc. 11:00 a. m. The Coordinated Capital and Debt Management Plan • Organizaiion and use • L>ebt slru 'turing David M.'cGillivray, Principal. Springsted. Inc. 11:30 a.m. Regional Credit Considerations - Credit ratings outlook for the region Factors supporting stronger ratings Comparisons to other regions Joseph 0’Ku*fo, Director, Standard & Poor ’s, Chicago 12:00 p.m. Luncheon: Legislative Issues Overriew Wayne Simoneau, Commissioner of Finance, State of Minnesota REGIONAL CAPITAL PLANNING REGISTRATION FORM Hcase enter-------rcscr%-aiion(s) for the December 19. 1996 conference in Minnesota The registration fee of $20 per person is enclosed. Please type or print Name (I) Company Address Telephone ORONO PLANMNG COMMISSION MEETING MINUTES FOR NO> EMBER 18, 1996 ROU> The Orono Planning Commission met on the above date with the following members present Chair Dale Lindquist, Janice Berg. Elizabeth Hawn, William Stoddard, and Sandra Smith, uho arri\ ed late in the meeting Charles Schroeder was absent The following represented the City StatT Building and Zoning Administrator Jeanne Mabusth, Assistant Zoning and Planning Administrator Michael GatTron. and Recorder Sherry Frost Mayor Callahan and Council Members Goetten and Jabbour were present Chair Lindquist called the meeting to order at 7 00 p m SCHEDULED PI BLIC HEARLNGS/Pl BLIC INFORMATION REVIEWS (#0 A. #2197 JOHN 0*SI LLIVAN AND NOR I II CENTILAL CBA, INC., 2380 SHAD^ WOOD ROAD - STREET VACATION 7:30-8:18 P.M. The /MTidavit of Publication and Certificate of Mailing were noted. The applicant, John O'Sullivan, was present along with contractor, Rob Thompson GalTron passed out additional letters received regaiding this application He reported that the application was to ..jmplete the vacation of Navarre Lane that begun last spring w ith the vacation of a 33' portion adjacent to the Culver's Restaurant site Now under consideration is the remaining 33' and area to the north to Olive Avenue He noted that when the original vacation was being considered, the Council asked Staff to have the applicant consider a possible trail. A portion of the grading plan was approved with the prior vacation GatTron reviewed the code and State statutes that relate to a vacation. The findings required to be met for the vacation include the following I) The vacation is to be in keeping with the public interest, 2) the vacation cannot atTect the access to or use of any adjoining property, 3) the City is not and does not intend to develop, improve or use the dedicated right-of-way as a road except for utilities and access purposes, and 4) the unimproved dedicated right-of-way as it exists serves no public purpose Gaffron reported that Staff has identified five public purposes served by the existing right- of-way proposed to be vacated 1) City sewer lines, 2) City water lines, 3) US West telephone lines, 4) Minnogasco gas lines, and 5) potential pedestrian/'bike access between Olive Avenue and the County Road 15/19 intersection Gaffron noted that the first four purposes could be served through an easement A letter from Minnegasco stated they were willing to allow the vacation with an easement for the utility. MINUTES OP THE ORONO PLANNING (X)MM1SSI0N MEETING HELD ON NOVEMBER 18, 1996 (#IA - ^2197 John O'Sullivan and North Central CBA - Continued) Gaftron indicated that the public purpose of a trail is a harder issue to resolve He noted that the applicant has suggested a trail around the north end of the property between Olive Avenue and Shadywood Road The Park Coniniission reviewed the situation at their last meeting and concluded that the best option for a trail wcild be to come down Navarre Lane This option on the east side between the two parking lots would best serve the residential area 1 he Park Commission suggested the trail be along the pond but GafPron noted that the applicant is still working with the MCW D to determine the size of the pond. One concern tor the trail location is a large drop in grade which would recjuire a ramp to be bike triendly 7 his Wrould involve adding a large amount of fill Another option according to Gaffron would be to depress the trail The suggestion to bring the trail around the pond and in the existing Navarre Lane right-of-way is a result of a concern about bringing bike traffic across two traffic access points in the northerly trail proposal, plus a concern about outletting at an uncontrolled location 1 he Park Commission did not come to a conclusion on who would be required to pay for the trail improvement Their main concern was for access from the neighborhood They questioned whether the property should be vacated and an easement established or if Navarre Lane should be maintained for the trail It was noted that if the entire right-of- way was vacated, the chance for a trail would be lost Gafiron reviewed the specific impacts on the applicant's site plan by a trail located between the two parking lots The Phase 2 site plan would shift northward 10-12'. The landscaping between the two parking lots would be more difficult to establish Lighting placement between the two parking lots would also be more difficult 1 he creation of a Sloping ramp down to Navarre Lane for bicycles would require some fill and may require a slope that would affect the use of the remaining portions of right-of-way that applicant hopes to use for stormwater ponding purposes Gaffron reviewed the impacts on the genera! site plan if the vacation was approved or if no vacation occurred If the vacation occurs, the applicant w ill gain ownership of the right- of-way and could connect the parking lot for the bank building to the restaurant parking lot providing for traffic movement between the two sites and additional parking spaces. If the vacation is not approved, the additional space would be lost for parking and a 10' yard requirement for side yard adjacent to a street must be maintaine>l. Stormwater ponding capability also would be decreased if the vacation w as not completed MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#I A - #2197 John O’Sullivan and North Central CBA - Continued) McMillan inquired about tb"* use of the sidewalk along CoRd 19 Gaffron stated that the sidew alk leads up to the northerly comer of the church property McMillan indicated that the sidewalk was inadequate for use as a trail Gaffron explained that the right-of-way on CoRd 19 would likely not allow for a trail If parking was allowed within 5 ’ of the lot hne instead of the required 20', there would also not be room for a trail without the loss of green space The rectangular area of right-of-way owned by the County is needed for potential expansion for a future turn lane and would tie into the site plan undci agenda item #2 When asked for comments. O’Sullivan told the Commission that the City had encouraged the vacation of Navarre Lane as it had been part of the City’s plan to do so The proposed vacation had been integrated into the site plan for the improvements Now without the vacation, O’Sullivan said he has had to down size the buildings nearly 20®/o and is at the point of economically being unable to reduce further O'Sullivan reported he has seen little pedestrian traffic on Navarre Lane o\er the two years he has owned the property I le believes alot of homes will naturally follow the flow of tl',* upper road resulting in his Olive Avenue trail proposal He noted that the Olive Avenue trail would lead to the City's existing park He also indicated he had received no objection to the trail as he proposed at the public meeiing The vertical drop by the rear parking area was also said to be a problem according to O'Sullivan He is concerned with having to begin back at Olive Avenue to begin the ramp. He also feels there will be an impact on the wetlands as well as the aesthetics He noted if the turnaround proposed by Hennepin County is con^pleted, the trail on Navarre Lane would dump out into the turn lane He believes the lowest traffic incident area would be at Olive and CoRd 19 Gaffron reminded the Commission that the trail proposals are conceptual in nature at this point. McMillan questioned if it was the intent of O’Sullivan to bring the Olive Avenue trail onto his property as it is now shown in the center of the street. O’Sullivan said the trail could parallel Olive and could also be reduced in grade with the addition of more green space. Lindquist inquired how wide the sidewalk is along CoRd 19 Gaffron said it appeared to be 6’ wide. Lindquist asked if any consideration had been given to enlarging the sidewalk to 8' O’Sullivan said it would be an option but he has not addressed !♦ The proposed trail is conceptually planned to end at CoRd 19 at the sidewalk 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#1A - #2197 John O’Sullivan and North Central CBA - Continued) Hawn responded to the lack of pedestnan use of Navarre Lane up to this point She noted that with the building of Culver's and the other improvements, there will be a new destination to which people will travel changing the old tratVic patterns With the intense use and new traftic generated from an untended direction. Hawn said she would like to see the access developed through the middle via Navarre Lane Stoddard indicated his support for the vacation and being anuable to allowing an easement He would like to see the Engineer review the site and designate the best placement of the trail He also asked to hear from the Park Commission John Ericson, 1620 Shadywood, stated he would like to see a trail come through Navarre Lane He did not feel it had to be wide but of a reasonable width to allow walking and bicycle riding He felt an easement was a viable option Park Commissioner McDermott said the housing in the area does not address all of the people who would be atTected by a trail He noted the sidewalk along CoRd 15 towards Minnetonka Beach would be a draw for people to the area He feels it would be safer to come up around and down Navarre Lane to CoRds 19 and 15 He indicated it Navarre Lane were to be vacated, a portion of it would go to the Lafayette Ridge Homeowners Association for their use or disposal I le noted that another possibility if the vacation did not occur would be to swing the trail over to allow the pond to expand McDermott reported that the Olive Avenue trail is shown in the center of Olive Av enue, which he said is narrow and in poor condition He did note that people could access the park if the trail went along Olive but pedestrian and bikes would tend to cross without the aid of a trattlc light which he did not favor He saw the use of Nav arre Lane as less hazardous McDermott said he was unaware of the possibility of recessing the trail but thought it may be a good concept McDermott said the Park Commission would like to sec the access maintained and is in favor of the center access for a trail along Navarre Lane. O'Sullivan referred to a comment made to him by his contractor, Rob Thompson, of the Navarre Lane trail would make too much of a thoroughfare O'Sullivan does not believe it would be heavily used He suggested the possibility of a pedestrian staircase at the back of the parking lot along with the use of a trail along Olive Avenue Stoddard responded that the Engineer would have to rev iew the needs for a handicap acces„ Thompson questioned if such a trail could meet the code GafVron noted if the required slopes were 1; 10 or 1 20, it would be ditficult O'Sullivan indicated there were alot of unansw ered questions. He asked that a vote be taken for the vacation w ith the qualification of a trail. Lindquist said he understood the time constraints but would like to hear from the Park Commission '■egarding a partial vacation He questioned if the vacation was completed, what would happen to the portion designated to the Lafayette Ridge neighborhood MIN’TES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#IA - #2197 John O’Sullivan and North Central CBA - Continued) McMillan inquired when the determination would be made about the stormwater pond size Gafiron said it had originally been done but the City plan did not meet the requirements of the MCWD At this point, the proposed pond is only larger enough to accommodate phase 1 of the project GatTron said discussions are ongoing Lindquist inquired when it would be resolved GatTron said the issue of the vacation is part of the pond resolution. O'Sullivan noted that he is still w orking w ith the church on the closure of the sale of the property and has had three time extensions on the proposed purchase He thought he would be able to complete the \ acation and conceptual site plan by this time Mabusth asked for review of the restrictions GatTron reported the following conditions have been recommended by Start' 1) The applicants sha'I legally combine the vacated portions of right-of-way with their respective properties This includes O'Sullivan and Lafayette Ridge Homeowners Association 2) All property owners benefiting from the proposed vacation shall be responsible for executing the appropriate drainage, utility, access and pedestrian/bike trail easements over the portions of right-of-way to be vacated The easements shall be filed at the time the vacation resolution is filed by the City Attorney's otTice 3) As part of the applicant's Phase 2 site planning, namely the church property, a trail corridor shall be reserved at a location acceptable to the City, which is currently open to where it shall be located 4) As part ot the development ot the church site, the applicant shall submit a trail grading and construction plan to be approved by the Park Commission and City Enginee , and shall grade the site accordingly to accommodate future pav ement of a trail It has not yet been decided to what extent the applicant will construct the trail Stoddard questioned whether conditions 3 and 4 could be combined Gafl'ron said the options could be laid out but not become definitive without the Council's input. Berg asked McDermott where the trail would begin It was noted that the trail would stop at CoRd 15 and people would use the roadway along CoRd 15. 1 here are no plans for a formal trail along CoRd 15 Feeder streets would be used. Thompson reported that the site was maximized in its use A shift of buildings to the northeast would create more hardcover in the zones. He saw the trail creating a domino effect on the site He felt the best compromise would be a trail along the perimeter to eliminate further compromising and intensification of w hat is now a borderline site. He cited the problem with hav ing a stormwater pond on site instead of allowing '. ci^ntribution MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#1A - #2197 John O’Sullivan and North Central CBA - Continued) Berg, while understanding his concern, said she felt there weie other issues to be addressed with the Olive trail being proposed in the center of the street and requiring pedestrians to cross tralTic. McDermott said the Park Commission did address the space issue 1 hey telt the 6’ walking path would be eliminated along the north end of the site allowing the parking lot to be moved over along with the buildings creating the necessary space for the trail along Navarre Lane v» ithout further compromising of the buildings 1 hompson indicated that a parkinu variance would then be required Gafl'ron noted that a 10’ setback was required. Lindquist said he was generally in favor of the vacation but the problem ties with the location of the trail He thought the trail location could be worked out with the applicant and City Staft' O'Sullivan responded that he would be satisfied with that recommendation. Gaftron said it would be satisfactor>- to have a conditional easement with the applicant w orking with Staff and City Engineer on the location of the trail He did note that ihe vacation itself may not accomplish all the applicant desires. Thompson asked tor further clarification before the Council meeting Gaffron noted it would be best to have the opti' IS available for the Council meeting in December Lindquist moved, McMillan seconded, to approve Application #2197 for vacation subject to Recommendations 1-4 with applicant being responsible for the trail grading under #4 Vote Ayes 5, Nays 0. (#1) B. #2198 JOHN O'SULLIVAN AND NORTH CENTRAL CBA, INC, 2380 SHADYWOOD ROAD - COMMERCIAL SITE PLAN REVIEWA ARIANCES - PUBLIC HEARING 8:18-8:31 P.M. The Affidavit of Publication and Certificate of Maili.'.g were noted. The Applicant was present. Gaffron reported that the site plan was incomplete at this time He felt it would be best to table the application to the January meeting until the supplemental information was obtained. He did ask the Planning Commission to discuss the four variances required. These include hardcover, lot coverage, front parking setback, and building height. The northerly 1/3 of the property located in the 500-1000' setback zone allows tor 35% hardcover and is proposed at 48%. the southerly 1/8 of the 500-i 000 ’ setback allows 35% and is proposed at 73% The lot coverage has been scaled down and a variance may not be required The proposed front parking setback along CoRd 19 is at 4 6' where 20' is required in the B-5 zoning district The applicant has indicated the need for a building height variance but no plan or site grade has been submitted. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#1B - #2198 John O’Sullivan and North Central CBA - Continued) Berg inquired if the parking setback was from the sidewalk. Gaftron said there would be a 4' green space The sidewalk is located into the right-of-way. Normally there would be a 20' yard in other uses McMillan asked where the stormwater would go Gaffron said it would travel from the Culver's site to the pond It has been determined that the pond as proposed will not meet the standards to ser\e both Phase I and Phase II The runolTtra\els from the site to the wetland areas and on to Lafayette Bay Lindquist inquired whether the hardcover calculations were fairly accurate O’Sullivan said they were with the possibility of a slight reduction Lindquist inquired about the proposed height of the building. Thompson estimated with the modification to a smaller footprint and to achieve the look they desire, the peak would encroach 5’ beyond the 30’ restriction It was noted that it would be lower than what the church currently <r. height Mabusth asked if there w ould be filling from the existing site to maintain the pad Thompson said only a little till would be required. Thompson noted that the hardcover overages in the two zones were to the outside perimeter. He noted that the intent of the hardcov er is to eliminate direct runoff The area does not drain to the two bays that define the hardcover zones and the pond will serve as best as allowed He did not feel the 500-1000’ zoning restrictions applied since the runotf does not drain to those portions of the lake. Lindquist agreed but only if the pond was large enough. Lindquist said he saw no concern with the height as proposed He felt the 4' parking setback was too excessive. He noted the hardcover would be dependent on the pond Hawn and McMillan agreed. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOV^EMBER 18, 1996 (#1B - #2198 John O’Sullivan and North Central CBA - Continued) Thompson said the only way to reduce hardcover was with the parking variance, Lindquist saw less parking with more pond as a better option but was unable to render a judgment without further information on the pond and how it will work He asked that detailed information be provided when the application is next reviewed O'Sullivan inquired if the runoff with the pond and flowing to outlot C was not in the 500-1000' setback Lindquist said the Commission would have to look at the whole area and would require the study of the City Engineer Thompson reiterated that the pond w ould not accommodate the development of both sites He noted they were w orking with the MCWD regarding the pond and a possible monetary contribution for the deficiency. Lindquist asked that the applicant continue working with the MCWD and Staff O’Sullivan also added that the ( arking setback is no different than what is currently happening on his other site now O'Sullivan noted that there is a good area in which to enhance the green space and will work with the County. Lindquist agreed that it would be better to provide more green space. Lindquist moved, Hawn seconded, to table Application #2198 to the January meeting of the Planning Commission. Vote: Ayes 5, Nays 0 ACTION ITEMS (#2) #2180 PEGGY AND FRANK PICHELMAN, 2920 CASCO POINT ROAD - VARIANCES - CONTINUATION OF PUBLIC HEARING 7:00-7:29 P.M. The applicants were present. Mabusth indicated that this application was tabled at the last Planning Commission meeting to allow for further review The plan includes two options regarding placement of the 24x ’24’ garage addition to the street side Option 1 proposes the doors to face outward 8' from the lot line Option 2 would include the driveway over the street yard. Additions proposed to the rear include a level expansion and grade level deck These improvements meet the avei age lakeshore setback Mabusth reported that the neighbors are concerned with an expansion within the street yard inconsistent with other homes in the neighborhood. The applicant was asked to work with the neighbors in revisiting the proposed plan. MINUTES OF THE ORONO Pl.ANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#2 - #2180 Peggy and Frank Pichelman - Continued) The amended plan locates all improvements within the legal building envelope of the property. All structures meet the required setbacks A tuck-undcr garage meets the 30’ setback The 4 ’ expansion along the side of the residence meets th*^ 10’ side setback A structural expansion I2'x20’ is proposed along the lake side corner of the residence The 3 level expansion is proposed at 16’x20’ and 12’xl5*. Structural and hardcover variances would be required The^e is a reduction in structural coverage from the original proposal of 18.4% to 17 1% There is a sicnificant hardcover increase at 41% for a 15 8% variance. The hardcover in the 75-250’ setback area in the original proposal was at 36.7% for option I and 39.6% for option 2 The existing structural hardcover is 33.4/o The amended plan will result in the removal of the structure while maintaining the walls. Mabusth indicated that the proposal is nearly a rebuild by the redesign within the building envelope Mabusth alluded to a letter from the neighbors, the Powell ’s, regarding their concerns with the improvements The applicant stated that they attempted to answer the questions brought forward by the neighbors to meet the setbacks This resulted in the garage being pulled back into the house envelope During public comments. Robert Powell, 2916 Casco Point Road, questioned the effect on runoff with the ground cover. He noted that water comes into their basement after rainfall Powell said he w as satisfied with the design if it does not negatively affect the drainage situation in the area Lindquist inquired if this issue was addressed. Pichelman said he did not wish for w ater in his basement either It was noted that drain tile would be added to assist the Pichelman’s drainage. Mabusth said the drainage issue will be reviewed by the City Engineer. Lindquist asked that the condition be added to include the City Engineer review- of this drainage issue Ntrs. Powell reported that the contractor did review the drainage issue. The design is such that runoff will be taken around the front of their home and downward towards the lake so as not to trap water anywhere. The lower level ground is level. McMillan asked if gutters would be placed on the new structure and in.structed the residents to ensure that the property is properly sloped Pichelman reported that both the existing home and new structure will have gutters. He added they are attempting to solve the problem of drainage between the two homes MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOV'EMBER 18, 1996 (#2 - #2180 Pcgg>- and Frank Pichelman - Continued) Hawn indicated her concern with the amount of hardcover at 41%. Mrs Pichelman said hardcoN er was addressed with the first proposal but that proposal was not favored by the neighbors With the garage being tucked into the home, hardcover was affected by the need to enlarge the building env elope to accommodate the needs of the family, Hawn asked if the shed on the property could be removed It was noted that there is no permanent shed, only a portable fish house Hawn inquired about ideas where reductions could be made. Stoddard noted the small lot size. Without a floor plan, Stoddard said he was unable to visualize where reductions could be made He did indicate that the house was large for the lot. Mrs. Pichelman said their response to the neighbors resulted in the hardcover change. The 30' driveway is no longer covered by garage adding to the hardcover. Pichelman noted the rest of the home w as using the same foundation except for the addition to the rear. McMillan countered that the addition was now larger Mabusth superimposed the two proposals noting the differing expansion areas Mrs Pichelman stated the kitchen was pushed out as a result of the garage being pulled in Mabusth noted that the expansions are for a family room and kitchen area McMillan asked if the applicants were attempting to maintain the same amount of liv ing space Pichelman said the proposal is actually less. Mr. Pichelman explained the process the plans have gone through in looking at hardcover and setbacks He noted that a one car garage would not be consistent with the amenities provided within the home Stoddard suggested a possible reduction in deck size Mabusth inquired if a reduction could be made to the proposed expansions Stoddard inquired what the hardcover calculations were for the neighboring homes in general Mabusth same there is about 33- 35% hardcover typically found in this neighborhood She did note that the long driveway adds 640 s.f. of hardcov er, 1 he property was noted by Lindquist to be about 14,000 s.f in size. Hawn voiced concern w ith repeating a problem consistently found in the Casco Point neighborhood of homos being purchased and then adding improvements. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#2 - #2180 Peggy and Frank Pichelman - Continued) Lindquist suggested an outer limit be established for hardcover. He said he is not comfortable setting a precedent of allowing 41% hardcov er. Stoddard agreed asking that hardcover be maintained in the 30% range The Planning Commission set a upper limit of 35-36®/o hardcover. Pichelman noted that the structural coverage was reduced by the amended plan from 18% to 17.1% Mabusth noted the different hardcover calculations that exist and that were proposed. The Pichelmans indicated with a hardcover range, they could work with their plan to decrease the size while still meeting the setbacks Berg suggested 38-39% Mabusth asked that the applicant prepare an amended plan with reduction in hardcover in the 75-250' setback. Stoddard moved, Berg seconded, to approve Application #2180 contingent on receipt of an amended plan received by Staff prior to the Council review with hardcover maintained at 38-39®/o in the 75-250' setback zone Vote; Ayes 5, Nays 0. (Planning Commissioner Stoddard left the meeting after agenda items 1 and 2 ) (#3) #2187 DONALD AND ROBIN HELGAGER. 3265 SIXTH AVENUE NORTH - VARIANCES/CONDITIONAL USE PERMIT - PUBLIC HEARING 8:32-8:54 P.M. The Affidavit of Publication and Certitlcate of Mailing w ere noted. The Applicant was present along with Architect, Neil Ileupel. GaflVon reported that the applicant received approval in June, 1996, for remov al of a garage and construction of an attached garage to the residence within 5' of the side lot line. The addition was not constructed, and the applicant is now requesting approval of another application. Gaffron noted that the property in question is located on Lake Classen, a Natural Environment Lake, requiring a 150' setback. MINUTES OF 1 HE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#3 - #2187 Donald and Robin llelgager • Continued) The current proposal calls for the removal cfthe garage, one small addition, and another large addition to the west side of the residence The proposal would result in a 32' encroachment in the right-of-way, a 24’ encroachment of the lakeshore setback, a 5’ side setback variance, and encroachment of the average lakeshore setback The neighboring residence to the east would define >he average lakeshore setback The encroachment of the right-of-way is considered extreme in comparison to any other properties on CoRd 6. The lakeshore setback is similar to what was proposed wi,h the original application but with added bulk Gaffron noted that the east side setback variance was approved in June with the finding that it would be difficult to build to the west Yet this proposal calls for the addition to be to the west of the residence Also included in the improvement is a proposed guest apartment to accommodate a mother-in-law living at the residence, which requires a CUP. The proposed constructions appears to have addressed the specific issues of being within the principal residence structure, use for a relative, and a single common entryway serving the entire structure with the exception of additional accesses to the decks and garage spaces Parking will be provided by a two-stall garage on the east end of the house replacing the existing garage and a third separate stall at t.h? northwest end of the house to serve the apartment use The plumbing will share the existing septic system installed in 1988 to serve a 4-bedroom home The residence will still have 4 bedrooms but will be larger in size The septic inspector has reported that there is apparently no alternate drainfield site on the property Borings were taken but no alternate site was found Helgager reported that their plans were changed after receiving approval for the initial proposal in June due to his mother-in-law's plans to move into their residence. This proposal is an attempt to accommodate her and her needs Helgager noted that a single level home is desirable as she is getting older He understands that the home is close to the road and would like to accommodate the concerns for screening He noted the building envelope to be about 1800 s f Helgager indicated that the current home would not meet the setback standards He said he attempted to balance the distance between the lake and the roadway after hearing the discussions from the previous proposal Hcupel addressed the issue of building to the west of the addition. He noted that the problem was not being able to build to the west but the approach to the garage would have required changing, and it had been their desire to maintain the approach from CoRd 6 Hawr said she felt with sophisticated landscaping and remov al of fence and dead trees, evergreens and other screening could be done. She did feel the residence was too close to the well noting a 2' separation where 3' is required. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#3 - #2187 Donald and Robin Helgager - Continued) Lindquist asked the applicant if the garage on the front side of the house was necessary. Helgager said the intent was to provide a garage for his mother-in-law so she does not have to walk through the entire house .o gain access to her accommodations Heupel also added that this garage addition would be at the same level as the slab and would not require stairs as would be the case with the other garage Lindquist said he understood the need but noted the elimination of the garage would aid the problem of setback. There were no public comments NfcMillan asked if the conditional use permit for guest house would be review ed periodically It was noted that the CUT requires no annual review and stays with the house with restrictions as required Gaffron reported that if the Commission recommended periodical reviews, it could be written to only apply to this owner, if desired. Lindquist inquired about ,‘he lack of alternate septic site GatTron reported that the property is not close to sewer and the problem would remain the same with the number of bedrooms if there is no alternate site. Lindquist agreed but noted that the house size was doubling with the improvements as proposed. Helgager responded that he understood the septic issue but saw it as a distance in the future w ith the ability to go to a mound system if necessary. Helgager added that he was informed the life expectancy of a mound system is 15 years and could be replaced to an alternate site postponing replacement for 30 years Lindquist was concerned that the potential problem would only be prolonged. GaflVon said it was not the City's experience that a mound system would only last 15 years, but probably twice that time He noted the pump or rock bed of the system may have to be replaced ai some point Gaftron reported that the vast majority of new systems were of the mound type due to the soils and seasonal water tables. A maximum slope of 6% is required for a mound system which is a problem with the many steep lots in Orono Lindquist asked if the applicant could make the home smaller in size. Helgager asked for some guideline. Berg asked and received confirmation that there would be a full basement under the residence Noting the 2200 s.f on the main level, Berg said it is an extensive size considering having the main level and basement. Haw n suggested that the home not be extended forw ard of w hat currently exists. Lindquist suggested removal of the single garage a Idition and a reduction in the house size. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#3 - #2187 Donald and Robin Helgager - Continued) Berg suggested moving the garage back to the line of the house. She said she would be in aipport of the garage if it was moved and saw the garage lo<'^tion as the most logical site. This suggestion would result in a reduction in the footprint and attachment of the garage at the same side as proposed Lindqui>t moved, Berg seconded, to table Application #2187 for further review. Vote: Ayes 4, Nays 0. (#4) #2188 MARY K. RICE, 1570 NOR HI ARM DRIVE - VARIANCES - PUBLIC HEARING 8:54-8:59 P.M. The Affidavit of Publication and Certificate of Mailing were noted The Applicant was present Mabusth indicated that the property is located along the "S" cur\c of North Arm Drive and consists of 6,883 s f The application presents two options involving an attached single stall garage with upper level deck (Option 1) or a detached garage located in the south side yard (Option 2) Both options involve street setback variances of 2 ’ or 3'. Structural coverage would not be exceeded by either option. Hardcover within the 250- 500' setback area would increase from 23 9% to either 25.6% for Option 1 or 30% for Option 2. A I0'xl6' deck also exists along the south side of the residence Mabusth noted that Staff prefers Option 1 as the topography slopes to the east and would have the minimal impact on areas of existing plantings. The applicant said Option 1 was also her preference. There were no public comments. Hawn inquired as to how the residence was entered. Rice said the residence can be entered from either the deck or the basement. Mabusth noted that the access to the front of the residence was removed. Berg moved, McMillan seconded, to approve Application #2188, Option I, for a 2' street setback variance Vote: Ayes 4, Nays 0. (#5) #2189 STONEGATE FARM, INC, 2940 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT - PUBLIC HEARING - APPLICANT WITHDRAWN The applicant withdrew this application prior to the meeting MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#6) #2191 WALTER AND SHARON WJTFMER, 2780 SIL4DYW OOD ROAD - VARIANCES - PUBLIC HEARING 9;00-9:07 P.M. TTie .Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Mabusth reported that the property is located near the Narrows. 1 he reradence is served by a two stall attached garage. The applicant seeks to construct a single stall, I2’x24’, two level addition. Mabusth displayed the elevations and noted a tuck under garage located to the lake side The only variance required is for hardcover The setbacks requirements are met. The previous owners originally proposed a variance app ’ication. The property is Torrens, and the County refused to accept the variance of which the new ow ner was unaware. Mabusth indicated that the landscaped areas have been expanded to 980 s.f within the 75- 250' setback as well as new landscaping in the 0-75' setback During the previous application review, it was found that the underliner had deteiiorated to the point that it was not considered hardcover. There are now retaining stone walls and new underliner in place The hardcover includes 953 s f in the 0-75' setback There is 31.4% hardcover in the 75-250' setback and is proposed at 31.3%. In speaking with the architect regarding possible reductions in hardcover, Mabusth informed him that it would not be wise to remove the paving improvement in the road as it serves others and is in an area with steep grades. She also suggested that no reduction be made in the turning radius in the principal driveway To effect a reduction in hardcover, Mabusth suggested that the underliner be removed as long as it does not affect drainage. Mabusth noted that the structural coverage is proposed at 91o. The applicant informed the Commission that the underlincr was in place at the time of purchase. He feels there is no drainage problem on the property and will remove the underliner if necessary Mabusth informed the Commission that the 953 s.f of landscape with underliner of geotech and plastic would reduce the hardcover to 25.2% or possibly to the point where no hardcover variance is required. There were no public comments. Hawn moved, McMillan seconded, to approve Application #2191 for a hardcover variance with the condition that the underliner be removed from the landscaping. Vote: Ayes 4, Nays 0. 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#7) #2192 ROBERT BEUTLER, 1331 NORTH ARM DRIVE - VARIANCES- PUBLIC HEARING 9:08-9:25 P.M. The AfTldavit of Publication and Certificate of Mailing were noted The Applicant was present Mabusth reported that the property is located on Forest Lake The applicant seeks to construct a new residence lakeward on the property and will meet all required setbacks but will not meet the 140' lot width at the shoreline and at the 75' setback line In addition, the applicant would like to keep the current principal structure as an accessory structure. It was noted that lakeshore lots are allowed accessory structures in the street yard. The accessory structure v/ill be used for storage and as a workshop and office The applicants would like to retain the bathroom A restrict covenant would be required to be filed indicating that the structure would never be used as a second residence or as a guest house or rental property The only issue raised is whether the applicant should be allowed to keep the structure as an expanded living space The kitchen fixtures are to be removed but the plumbing would remain Beutler said it was their intent to build on the property and would like to maintain some of the history of the property by retaining the current residence. He noted that the 3-car garage is full, and the extra space would allow for additional storage. Hawn indicated that she was having difficulty with this application as the current residence is in good shape Haw n noted that the code does not allow for additional living space when the property is less than two acres, but it was hei opinion that the applicant would not abuse the code but was concerned if the property was sold at some point She cited the space would be ideal for a use as a nanny's quarters, and it would be difficult to police what might occur in the future Other members of the Commission agreed it would be a shame to take the house down. Mrs. Beutler commented that she was aware of other such situations in Orono. Mabusth stated that the structure would not qualify for use as a guest house reiterating that the property was less than two acres in size She asked the Commission to consider what differences fhere may be between this application and another application reviewed at the October meeting. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#7 - #2192 Robert Beutler - Continued) During the discussion, Mr Beutler suggested restrictions be placed on the abstract and structure taken dow n if sold Hawn questioned w hether a structure in such good condition should be required to be removed Mrs. Beutler noted that it was their *atent to tie in the exteriors of the buildings to match. Berg suggested taking out the plum ling in the structure. Mr. Beutler intends to use the structure as office space but would .lot include any client visits. The main intent is for storage and work shop. Mrs. B,*utler noted that neither structure would be large but were located on a large parcel. Hawn questioned how the Commission would respond if another application was presented in the future with a structure in poor condition. Hawn was of the opinion that the plumbing should remain if the building also remained. Lindquist asked if the applicants w ould be satisfied with the bathroom plumbing remain and the kitchen plumbing removed. The applicants indicated that they would find this satisfactory. Lindquist moved, McMillan seconded, to approve Application #2192 with the understanding that the plumbing would be removed with the exception of the sink and stool in the bathroom. Hawn suggested the restrictive covenant be signed also. It was noted that the well will also serve the new residence McMillan questioned whether the value of the property would be reduced by elimination of these plumbing fixtures Hawn asked if a conditional use permit would be required. Mabusth said the only approval required was for the lot width variance and the restrictive covenant would be filed on the deed. Vote; Ayes 3, Nays 1, Hawn, who indicated that she did not feel the code was clear and questioned how another applicant w ould be dealt with under similar circumstances if the structure was not in good condition (#8) #2193 MINNEHAHA CREEK WATERSHED DISTRICl, 4680/4700 qiEEKWOOt) TRAIL - CONDITIONAL USE PERMIT - PUBLIC HEARING 9:26-9:51 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was represented by Tom Maple and Andrew Syverson MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#8 - #2193 MCWD - Continued) Gaffron reported that the application for conditional use permit by the MCWD pertains to a project located northeast of the cul-de-sac of Creekwood Trail. The 100 acre wetland flows southward through Minnetrista to Jennings Bay. The LMCD petitioned the MCWD in 1975 to construct an upper watershed storage and retention project to improve the overall water quality The MCWD completed such a project in 1985 including detention ponds and work on the channel Maintenance excavation is now needed, and MCWD proposes to expand the boundaries of the South Katrina Pond and change the outlet which will change the nature of the flow Syverson said the flow would be taken in at different velocities. Gaflron indicated there are existing easements for the stormwater pond and access to it. The MCWD plans to protect the wooded site and identified burial mounds. He indicated that the access point is proposed to be north of the two drivew'ays. Gaffron suggested there may be another way to access the area for less impact on the drainage structure at the access point. The intent, however, is to bring equipment up the creek bed in order to expand the pond. A few trees may need removal but in the restricted area within 75' of the creek, tree replacement would be required for 6" or more diameter replaced with 2" or more diameter trees Gaflron stated that the location of the burial mounds to the north had already resulted in a redesign of the expansion to maintain appropriate setbacks The 400 dump loads which will be leaving the site are also a concern. It is a private road, and the MCWD will work with the neighbors regarding this issue to gain their approval. Gaflron indicated the project is planned to begin in January, 1997 and will require one month's time for completion Due to the nature of the pond, more maintenance will be required in 5-10 years During the Staff review, it was also noted by MCWD that more work will be required down stream in the creek bed Stafl'recommends approval of the proposed pond maintenance and expansion project subject to conditions 1-10 as noted in the memo. The MCWD is working with Minnetrista and Independence to gain permits for spoil disposal sites in their area. Gaflron recommended an additional condition (#11) be considered, to approve the proposal to clean out the creek bed subject to Staff review through a land alteration permit or brought back before the C'^mmission if found to be more than a minor project. Maple said the MCWD was prepared to meet all of the conditions adding that they were also in favor of the tree replacement Maple noted that they have had two public hearings and have worked with the fee owners of the site. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#8 - #2193 MCWD - Continued) During public comment, Kathr>n Biek, 4675 Creek"vvood Trail, questioned the additional work on the creek bed, specifically , condition #11 She indicated that this work has not been addressed She questioned whether it would aftect taking any of her land Syv erson informed her that the project w ould not require taking of any land but involves removing sediment. Biek asked how the creek would be accessed. Sy\erson said they would work with the land owner. Biek voiced concerned w ith destruction of the landscaping on her property. Maple indicated that the arsa was previously a ditch, and the MCVV'D has authority o. ^r the ditch. Lindquist asked if it is considered a County ditch and if there vs ere any easements declaring it to be a County ditch Gaffion reported that a 50' easement follow s the center of the creek bed He indicated the major concern will be how access is gaii.ed without affecting the land owner’s property. (Planning Commissioner Smith arrived at this time ) Sharon Coleman, 4650 Creekwood Trail, indicated that her property and Biek’s meets halfway through the creek, but she is aware of an e.xisting easement She asked for public notice to be given if condition #11 precludes the notice Maple said the procedure is to notify any land owner that is alTected GatTron indicated that condition #11 was an "after thought" resulting from discussions that took place in review of the proposal earlier today. It was suggested the new condition be added rather than review the creek bed cleanup as a separate issue It was noted that the clean out may be as simple as cleaning out the sediment Maple said he found it acceptable to add the condition. Berg informed Coleman and Biek that they' would be notified of any public hearing. Lindquist informed Coleman and Biek of their right to attend a public hearing and voice their concerns Biek informed the Commission that the runoft'drains into her yard. Gaffron indicated with the questions being raised that Condition #11 should not be included at this time Maple agreed MINUTES OH THE ORONO PLANNING COMNOSSION MEETING HELD ON NON'EMBER 18, 1996 (m - #2193 MCWD - Continued) McMillan asked what type of wetland was involved in the application. Sv"verson said the wetland was DNR classified type 3 McMillan asked if tfiere was any purple loose strife found in the wetland S>A erson said he w as not aw are of any but did understand the need to monitor the situation McMillan asked about the shape of the pond. S>"v erson said the shape was drawn to fill the easement and maximize the storage. The plan calls for a break in the grade and planting of emergent vegetation A w etland specialist will assist in the landscape plan Maple indicated MCWD had a v^orking relationship with the Landscape Arboretum. McMillan asked if the MCWD had any idea where *he phosphorus was coming from. Syverson said it was a non-point source Runoff v.as noted to be a contributing factor McMillan noted the need to educate the land owners regarding this issue Maple said phosphorus is a major concern of the MCV\ D noting animal and vegetation loading is heavy Coleman vo'ced a concern w ith problem of back up in the area of the private road She asked that coverings or grates be placed to alleviate clogging from logs Syverscn said the clogging issues have been addressed but there is a problem with two culverts under two driveways He thought the City maintained t’'e culverts but said the MCVST) could look at screening. Bick asked who was responsible Lindquist noted the road is private and the upkeep is the responsibility of the property ow ners Smith asked what communication has taken place between the neighbors and the MCWD. Sy'verson said he has spoken with the two land owners affected by the application. Smith suggested the notification process be broadened McMillan noted the project included hauling on a private road implying the property owners using the road should be notified. Coleman indicated that she was notified of the hauling Maple noted that there has been no decision made by the board of the MCWD to do work down stream of the drivew ays at this time Lindquist moved, Hawn seconded, to approve Application #2193 with Staff recommendations I-10. Vote: Ayes 5, Nays 0 (#9) #2194 DAVID ALAN SUTHERLAND, 1365 ARBOR STREET - VARIANCES - PUBLIC HEARING 9;52-9:58 P.M. The Affidavit of Publication and Ceitificate of Mailinu were noted W The Applicant was present MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 - #2194 David Alan Sutherland - Continued) Mabusth reported that the plat map indicates the lot to be 7,000 s.f. in size. The applicant is proposing construction of a partial second level over the single story residence The existing single stall garage is located 3' from the residence 1 he application does not require any structural coverage variance The residence is located in the 500-1000 ’ setback area allowing 35% hardcover There will be no change to the hardcover which exists at 28.26%. Setback variances are required due to the location of the existing structure at 18' side setback and 29' rear setback The bedroom expansion results in an intensification requiring to wrap the existing variances Mabusth indicated that she has not received any comments after notification from the adjacent neighbors A neighbor did request a copy of the application The applicant had no additional comments. Smith was informed that the construction would be contracted out There were no public comments The applicant plans to complete the second story construction in about four years which will require a new permit The applicant informed Berg that the currently proposed improvement will be completed within the one year time limit allowed It was noted that there were several evergreens to the east and south of the proposed construction which will be lost The applicant infoiined Smith that it was his intent to add more landscaping and trees across the back and side of the property. McMillan moved, Hawn seconded, to approve Application #2194 for side and rear setback variances. Vote; Ayes 5, Nays 0. (#10) #2195 GENMAR INDUSTRIES, INC, 1449 SHORELINE DRIVE - COMMERCIAL SITE PLAN/VARIANCES - PUBLIC HEARLNG 9:58-10:51 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was represented by Mary McConnell and JeffMelby MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#10 - #2195 Genmar Industries - Continued) Gaffron reported that the application is for a commercial site plan review and variances for a property in the B-2 lakeshore district which has been operated by Minnetonka Boat Works The applicant plans to replace the existing 30'x80‘ building with a smaller 24'x40’ building The property will be leased to King ’s Cove Marina based out of Hastings Variances requested are for lakeshore setback, requiring 75' and proposed at 49', and street setback requiring 30', existing at 12', and proposed at 17' The required side setback is 10' and is proposed at 15' The plan calls for a grassy area to the lake side of the new building to be used for boat sales and display purposes Park and hardcover variances are also needed, in addition to lot area, lot depth, lack of sanitar>- facilities and boat storage variances The existing building has been used for storage Retail sales occurred on the property in the past but the current parking does not accommodate retail sales There are no changes planned for the parking lot Any alternative use of parking stalls would require a variance Gaffron indicated that there seems to be an over usnue of the site He noted that it could be argued that the proposed use of the grassy area might convert it to hardcover at some point due to the heavy pedestrian traffic In reviewing the parking, Gaffron indicated that the code requires 6 stalls for every 10 boat slips The property currently has 68 parking stalls for its 111 slips Additional parking spaces are needed for the planned uses, as well as three spaces for the employees, for a total of 78 Gaffron reported that the applicant proposes 12 slips currently used for rental to be converted to use for display of boats for sale, which the applicant considers would bring the parking requirement to 71 The code, however, does not differentiate between the two uses resulting in a 10 stall variance required to accommodate the retail sales Also, if the green space is not used for display, and display boats are placed on the parking lot, then additional spaces would be required There has also been a tendency to park the overflow on weekends at a neighboring marina Gaffron said the use could be limited to include no weekends or holidays Gaflron said the applicant has agreed to close the sales operation on Sundays except for four Sundays per year chosen by the applicant. Gaffron noted that the slips on the west side of the road have been served by parking on the east side of the road through a variance granted in 1989 Gaffron reviewed the hardcover calculations for the property on the east side of the road. Hardcover in the 0-75' setback currently exists at 36 9% and is proposed to decrease to 35.4%, but noting that the green space will be used for storage, which is not included in this calculation. Hardcover in the 75-250' setback exists at 73.9% and is proposed to decrease to 72.2% The overall result in both zones is a 1300 s.f Irardcover reduction. 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#10 - #2195 Genmar Industries - Continued) GalTron reported that there is a lack of sanitary facilities on the property Portable toilets have been used but no indoor facilities provided for slip customers as required by code. Sewer was brought to this area in the mid 1980’s and is available to this property Gaftron recommended that this issue be addressed The City required a pond in 1989 for stormwater management, and the parking lot discharges to that pond The City Engineer has not reviewed the pond Gaftron indicated that the pond probably Ilinctions as planned but without meeting current codes He added that the site plan calls for additional plantings on the property noting that the current landscaping has met City approval. Gaftron indicated that there has been a long standing discrepancy between the comprehensive plan and the zoning code regarding boat sales. The comp plan says that boat sales are not an appropriate use for the B-2 district The zoning code has allowed boat sales as a permitted use since 1975 The legislature changed its view on the hierarchy in 1974 stipulating that the comprehensive plan takes precedence over the zoning code. Gaftron noted that all of the other Orono marinas have had changes but have continued to have retail use which requires more parking. The applicant was asked to respond McConnell addressed the concerns brought forward by Gaftron. She noted that the large building has not been fully utilized The applicant reviewed whether minor repairs should take place or whether a more viable use would be to minimize the size of the building with a new building The building as proposed was said to be environmentally friendly with no use of chemicals and contain only otTice space with two sales people and one secretary. With regard to the green space losing its pervious ability, McConnell said the boats would be on trailers and would not aft'ect the drainage She noted that the applicant had considered asphalt in that area McConnell said 12 slips would be used for w ater display of boats. King's Cove would store the boats in those slips for test driv ing oy customers for retail sales with rental slips provided by other stalls McConnell viewed the lack of separating the retail and rental stalls as "double dipping". It was her opinion that only a 3 stall variance would be required for parking She noted that the applicant was willing to close on Sundays with the exception of four Sundays per year As to the parking conflict between the two marinas, McConnell recognized the problem as being in the past but improvements have generated more parking on the Genmar site. 2.t MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOV'EMBER 18, 1996 (#10 - #2195 Genmar Industries - Continued) McConnell informed the Commission that they have never received any complaints regarding the use of "Satellites" for sanitary facilities She indicated that the office will be served by sanitary sewer but only for use by the employees Customers will not be allowed past a certain point in the office building, and it will be closed on Sundays McCcnnell said to accommodate sanitary facilities for all customers, it would have required a larger building built toward the lake side McConnell noted that the property has historically been used as a marina, for storage, and for retail and views the proposal as an improvement to the property. Lindquist opened the meeting to public comment Doug Schmitt, 1475 Shoreline Drive, reported that he lives next door but across the channel from the property He inquired if there was a difficulty in connecting to sewer. Gaffron said the property is served by sewer now noting a nearby injector station. Gaftfon said connecting to sewer is not an issue noting that the sewer assessment has been paid Lou Oberhauser indicated he was representing a neighboring property owner. He asked what would prevent the applicant from entering the rental business in relation to the slips available GatTron reported that there are specific uses allowed by conditional use permit that require parking stalls He cited examples of boat clubs, launching facilities, transient launching, charter boat port of call and caretaker houses Permitted uses under the code include slip rental, marine sales, repair, storage, and marine fuel sales GaftVon noted that without a review, the rental situation could happen McConnell indicated that it was not the applicant's intent of renting any boats and noted that such a condition could be stipulated Oberhauser said he was concerned with an increase in the commercialization of the area and intensification in use not in keeping with the residential area It was clarified for Smith that Genmar owns the property and would lease the facilities to King's Cove for use as a marina and office space. Hawn asked for clarification on extended parking granted in the 1980's Gaffron said the variance was granted w ith the understanding that the number of spaces did not include retail, and no retail was proposed at that time McMillan asked for comment on what minor repairs would be required to the existing building She said the building looks as if it would require major repair. McConnell said the building was in good structural condition and felt the building could be usable with only minor repair. 24 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1096 (#10 - #2195 Genmar Industries - Continued) Smith inquired about how the 78 parking stall configuration uas derived Gafiron said he did not believe the existing parking could be reconfigured to meet tlte 78 stall requirement McMillan inquired about the sales hours for the business The ouner of King's Cove said the office would be open from 9 00 a m to 5:00 or 6:00 p m , Monday thru Saturday, all year around. McMillan asked how the applicant proposes to keep the slip rental customers from using the sanitary facilities within the building McConnell said the building plaits situate the receptionist area so that the facilities would not be available. She said the applicant proposes to keep the current satellite toilets in the same area as they have in the past. McMillan was informed that the satellites have not been screened in the past Berg asked the applicant what type of construction would be used for the building. Melby said the structure would be a double wide manufactured modular McConnell said improvements would be added t o the building j-uch as shutters, different roofing, and awning. Lindquist asked if there was any requirement that the property hook up to sewer Gatfron said the code was fairly specific and read the requirements including providing for sewer and water, was»e dump station and pump out Gaffron indicated that these issues were not discussed in ! 989 review. Lindquist asked if a boat pump out was planned. McConnell said n.j Gatfron said the pump out was previously provided at the Gcnmar's Wayzata facility which has now been sold Lindquist asked if there was any problem with providing a pump out McConnell said she would look into this possibility. Lindquist asked if there w ere other code requirements that w ere not being met Gaffron said no CUP is required as the proposal does not include any of the uses which require a CUP. He noted that additional parking was allowed on the Brown's Bay side in 1989 to serve the slips on Tanager Lake across the County road From a landscape standpoint, Gaffron said there were no problems Gaffron said the property is in general compliance and has been a low activity property. He noted that the previous boat storage in the winter was maintained at a low level. McConnell said winter storage is no longer being provided. Lindquist inquired about the 8-10 parking stall shortage He noted that the code is specific as to the number required and does not di‘'cem the type of use McConnell said she understood the code to be concerned with high turnover noting that the proposal calls for retail customer, not rental slips Lindquist informed McConnell that slips are required for both retail and rental. 25 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#10 - #2195 Genmar Industries - Continued) Mabusth clarified through questioning McConnell that the rental slip customers will not have access to sanitar\' facilities when the boat sales office is closed She asked the Commission whether the new use should be allowed if no permanent sanitary facilities are available and in light of the closing of the VVayzata facility The boat slips will continue to be used on Sundays w hen the office facility is closed McConneil said the use of the bathroom facility within the building would not affect any customer as the facility is not open tor use at all Smith noted that marinas provide such sanitary facilities for their customers McMillan asked if there were any other changes for the boat slip customers. The only other cliange noted was the lack of providing w inter storage, w hich McConnell said would result in less activity on the site Smith questioned the grass area becoming more like hardcov er rather than a permeable source for drainage with heavy pedestrian use McConnell agreed the grass would mat but said she did not expect alot of activity but saw the display as visual. No walking stones will be laid. Smith asked how the stormwater facilities would be positioned on the property. McConnell said the requirements would have to be reviewed with the plans. She also indicated that additional parking stalls may be found if the existing pond is moved elsewhere. Berg inquired whether the applicant intended on maintaining facilities in Hastings. King's Cove owner said he did The Commission and applicant discussed the number of slips and stalls comparing retail and rental McMillan said she was concerned with the intensification of the site. She also noted that the site would generate more traffic into an area that is already overburdened with traffic. McMillan also q uestioned what would result if the property were sold if the applicant was allowed to differentiate between rental and retail slips McMillan said she saw the old building as being part of the history of old Orono While acknowledging the applicant had the right to build, she did not see the proposed building as fitting in with the new Orono Hawn agreed that the proposal was an intensification of the site Noting the plan for a double wide mobile, no public toilet facilities, Hawn questioned how the applicant could ask the City to extend the limits of the code w hile not offering anything back to the customer. Hawn sa.d she would like to see toilet facilities and an attractive building. Her major concern was with the density of the site Haw n said she was not in favor of the application as presented. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#10 - #2195 Genmar Industries - Continued) Lindquist said the application as he saw it calls for a 10 stall variance to the parking code. Lindquist said he would not differentiate between the uses Lindquist said the facility should provide toilets and pump out Smith agreed He noted he did like the green area. Berg said the old building showed a character not present with the new building proposed. Lindquist asked the applicant if the application should be tabled for further review' or if a vote should be taken McConnell asked for additional comments before tabling HawTi said she woidd be interested in \iewing the City Engineer's report on the pond to see if it was adequate to meet the current standards Lindquist noted that the proposal should meet the ordinance changes made in 1995 Mr. Schmitt asked if there were any building codes that must be met. Gafifon said the building must meet the B-2 standards, but those standards do not discuss how the building should look. Berg said she traveled the road daily and is concerned with the trafllc and number of people using the facility on the narrow, busy roadway She saw the site as being the entrance into Orono and said she was adamant that the building be a good representation ofOrono Berg cited a nearby e.xample of a remodeled building that the proposal should emulate Gaffron indicated there were licensing standards that are required to be met He noted that the property has been open during the winter and summer to include storage and asked it there was further intent to add storage McConnell said the applicant had looked at that possibility, but it was not their intent to provide for storage at this time but possibly in the ftiture. Smith moved, Berg seconded, to table Application #2195 to allow for further review. Vote: Ayes 5, Nays 0. The application will be reviewed at the January. 1997 meeting. (#11) #2196 GENMAR INDUSTRIES, INC, 1449 SHORELINE DRIVE - CONDITIONAL USE PERMITA'ARIANCES - PUBLIC HEARING 10:51-11:13 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. 27 MINUTE5. OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#11 - #2196 Genmar Industries - Continued) Gaflron reported that the property owTied by Genmar Industries is two separate tax parcels This application refers to the property on the west side on Tanager Lake, north of the bridge The proposal calls for a parking area on thii property. There are a number of trees on this property that would be affected The property includes an existing protected bluff The 28-stall parking lot would require the removal of two-thirds of the bluff Also affected is the 0-75' setback requiring a hardcover variance for access Gaffron reported that Hennepin County indicated they had no problem with the access location The proposal will require extensive grading and cutting into the hillside There would be a berm on the lake side and by the road to screen the parking lot The City Engineer has recommended a larger pond be constructed than what is currently proposed Gaffron read a letter into the minutes from the DNR recommending denial of the application for what they see is a self-created hardship The DNR noted that the proposal would call for removal of 5000 cubic yards or the top 18' of the bluff Gaffron reiterated the City approvals required by the project as proposed which include the following 1) Conditional use permit for land alteration in excess of 100 cubic yards, 2) Variance for land alterations within 75' of the shoreline, 3) Hardcover within 75' of the shoreline, 4) Intensiv e vegetation clearing within 75' of the shoreline and in a bluff impact zone, and 5) Hardcover in 75-250' zone in excess of 25® a allowed Gaffron indicated that the MCWD has not yet responded to the proposal He did note, however, that the State archaeologist felt the site was natural and did not contain dredge spoils The archaeologist said there are no indications of any burial on the property. Gaffron reviewed the inconsistencies between the proposal and the Comprehensive Plan. He stated that it was inappropriate to do any reworking of the lakeshore The bluff destruction to create a parking lot was not consistent with the Comp Plan Gaffron indicated that a variance was required for extensive tree removals which would change the features of the bluff. The proposal would also change the neighbors view of the marina as well as the parked cars Gaffron reported that the issue of safety was suggested as a justification for granting the variance in the hardship statement. In 1989, the L MCD approv ed the expansion of slips on Tanager Lake, which was ther. accommodated by the City by allowing parking expansion on the east side of the road However, the current parking situation does not meet code, and the proposal is an attempt to meet the code MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#11 - #2196 Genmar Industries - Continued) Gaffron said Police Chief Cheswick suggested that the proposal would not solve all of the problems present but would solve some parking needs. He was concerned that the project would bring trespassers closer to the channel and security could be a concern He saw the proposal as a solution for the slip customers. Cheswick had also suggested revisiting suggestions made in 1989 for a tunnel under the bridge, or a bridge over the road. Gaf&on said there are few documented incidents of pedestrian crossing problems, but he noted it was difficult to cross given the high volume and regularity of traffic on CoRd 15. Gaffion noted the City Engineer has reviewed the proposal, indicating it would require a larger pond in addition to the typical conditions such as a hauling route, disposal location, construction schedule, and traffic control plans Gaffron noted that the proposal would help applicant meet in the parking requirements for the new building proposed under Application #2195. Gaffron asked the Planning Commission to consider the issues presented Staff recommends that other options be considered for safe access without removal of the bluff. McConnell, in answering the issues brought forward by Gaffron, noted safety to be the reason behind the proposal and not the over development of the dockage system She noted that the police department records did not reflect the near misses of accidents as a result of pedestrian crossing McConnell felt the proposal w as the best solution. She also reiterated Hennepin County's approval of the access and provision of adequate sight line. McConnell indicated that it would only take one fatality to counter any of the issues brought forward. McConnell addressed the issue of removal of a portion of the bluff. The berm proposed is a counter to this issue according to McConnell. A cross section of the property was show'n noting the proposal would preserve the rise in the topography and hide the parking area. From the Tanager Lake side, there would still be a raise in the land and a trail to the shore provided McConnell said the proposal addressed the views and the noise issue. She also said the applicant was revisiting the storm water area to meet construction schedule needs Melby informed the Commission that the proposal called for only the excavation of what was needed to the 950* contour and matched on the other side. The e.xisting plantings would be left as much as possible. He also noted that the plan calls for working from the inside out to eliminate any more e.xcavation than necessary. McMillan asked if there would be any steps and was informed that steps would be placed where needed She was also informed that the grade would be at a 3; I slope 29 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#11 - #2196 Genmar Industries - Continued) McConnell responded to the suggestions made in 1989 and again by Chief Cheswick for a tunnel or bridge She noted that Hennepin County said a bridge was not feasible and a tunnel would be a security risk. Doug Schmitt noted the presence of Indian Mounds in the Orono area and questioned the review by the State afchaeologi,.^. iviaPusin .-^iterated the findings by the archaeologist of a natural sight with no burial grounds. GatTron read the letter written by the State archaeologist Schmitt inquired about a cut into the land on the north side by this site that had been stopped. Gafiron said he did not know the history of that excavation, but it was quite visible when standing on the north side of the bluff Schmitt asked if there would be any opportunity for more slips Gaffron said the LMCD has already provided a special density permit noting a marina must provide a number of amenities GatTron indicated the number of slips is in direct correlation to the shoreline footage and amenities provided, and is within the jurisdiction of the LMCD. He did note that the Council may have an opinion as to whether additional slips might ever be developed at this site. Schmitt informed the Commission that he was concerned that another building such as a double wide mobile might be erected on the site. McConnell said they have no intention to add a structure or additional slips. Hawn said she was opposed to cutting into the blufl'on the lakeshore Smith agreed noting the recommendation for denial by the DNR. McMillan and Berg also voiced their opposition to cutting into the blufi'. Lindquist asked the applicant if a vote or tabling was preferred. The applicant asked for a vote. Lindquist moved. Smith seconded, to deny Application #2196 Vote: Ayes 5, Nays 0. At Applicant's request, it was indicated that Applications #2195 and #2196 would be presented together to the Council, probably at their first meeting in February, 1997. SKETCH PLAN/CONCEPTUAL REVIEWS (#12) #2190 JAMES G. FULLERTON, III., 3350/3400 FOX STREET - SKETCH OF A FIVE LOT SUBDIVISION The applicant, John Winston, was present. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 (#12 - #2190 James G Fullerton - Continued) Mabusth reported that the property for sketch plan review includes Lot 1, the original Fullerton estate. Lot 2, the homestead of James Fullerton III, which will include a lot line rearrangement. Lot 3, a dev eloped lot once part of the estate, and Lot 4, w hich was divided ofFbut served by Fox Street on the east side The current proposal is for a five lot subdivision It was noted that there will not be a back lot serving another property All of the lots meets the area and width requirements There is a caretaker house which will be maintained Application will be made for a condition use permit and will meet the area standaids but is located about 45' from the lake shore The accessory structure will be removed as it is located on the lot lines and will not meet the standards Mabusth stated that the issue involv es how to treat the upgrade of the road and whether a driveway access would be allow ed Winston informed the Commission that Tract L has an easement to use Fox Street but does not currently use it He also noted that the tract is not less than 2-1/2 acre lots as required by restrictive covenants Mabusth asked if the covenant restricts the number of units Winston said the limitation is only to the size Mabusth said this would allow an additional unit to be serv ed by Tract F for a total of possibly seven Mabusth informed the Commission that the entrance to the area is 25’ width and surrounded by retaining walls She noted that it would be difficult to upgrade the roadway The City Engineer reviewed the access and determined that it should remain a private road to a minimum width of 24' Mabusth said it would be difficult for this to occur within the 500’ due to the w ooded nature of the property. The fire and police departments will also review the plan Winston said it was his desire to retain the gate and amenities along the entry. Lindquist agreed that it was a beautiful entrance Mabusth said the plan calls for an innovative approach to an upgrade, and if the Commission supports it, it would be difficult to envision a 24' width with a ditch The Commissioners all agreed to support some flexibility regarding this issue Winston reported that the div ision w ould result in lots of at least 4 acres in size. He noted that the most northerly lot would be accessed directly from the street and several lots would not utilize the entire length of the access Only three lots would use the full extent of the driveway to include the Fullerton homestead. Tract E and Lot I almost immediately exist oflT of the private driveway Lindquist indicated that the private road would be maintained by the property owTtefv. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18. 1996 (#12 - #2190 James G. Fullerton - Continued) McMillan inquired about the no build area Winston said the no build area is to protect the main views from the Fullerton residence and would be protected by restrictive covenant for 30 years Winston noted that it did not appear to hinder a potential buyer. The no build area could become a buildable site in the distant future as there is adequate area Mabusth asked what the no build restriction included Winston said no above grade building would be allowed, such as a pool house or tennis house, but a swimming pool was feasible Mabusth intbrmed Winston that building in that area may require an average iakeshore setback variance to include a swimming pool or any additions to the e.xisting house. It was indicated that the caretaker residence is hooked up to septic It appears that access to the caretaker residence is from a gravel access Mabu th reported that the application would again appear before the Planning Commission in January, 1997. PLANNING COMMISSION CO.MMENTS (#13) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS OF OCTOBER 28, 1996 (ELIZABETH HAWN) AND NOVEMBER 12, 1996 (JAN BERG) No repou was given (#14) OTHER ISSUES FOR DISCUSSION No additional issues were discussed. (#15) PLANNING COMMISSION APPROVAL OF MINUTES OF THE OCTOBER 21,1996 MEETING Hawn moved, Berg seconded, to approve the Minutes of the Planning Commission Meeting of October 21, 1996 Vote: Ayes 5, Nays 0 (#16) PLANNING COMMISSION TO SELECT REPRESENTATIV ES TO AITEND THE COUNCIL MEETINGS OF NOVEMBER 25, 1996, DECEMBER 9, 1996, AND JANUARY 13, 1997 November 25, 1996 - Stoddard December 9, 1996 - Lindquist January 13, 1997 - McMillan MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 18, 1996 ADJOURNMENT Berg moved, Lindquist secor.ded, to adjourn at 11:37 p.m. Vote; Ayes 5, Nays 0. Dale Lindquist, Chair Person