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Home My WebLink About01-09-1995 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, JANUARY 9, 1995, 6:40 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (♦) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. Jan .iHC i995 ''"ay. ROLL CALL 1.6:40 P.M. OATH OF OFFICE Mayor Callahan Councilmembers Jabbour and Goetten 2.6:45 P.M. PUBLIC HEARING Personal Watercraft on Long Lake Ordinance 3.AAA Pedestrian Safety Award - Jo Anne Boche *4. CONSENT AGENDA APPROVAL OF MINUTES *5. Regular Meeting of December 12, 1994 *6. Executive Session of December 12, 1994 PARK COMMISSION COMMENTS 7.Resigiiuuon of Vice Chair Alex Vongries PLANNING COMMISSION COMMENTS PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 8.#1982 Daniel S. Perkins, 55 Landmark Drive - Variance/Conditional Use Permit - Resolution 9.#1985 Bruce Bren Homes, 1000 Cox Fanii Road - Conditional Use Permit - Resolution 10.B-2 Ordinance Proposed Amendment MAYOR/COUNCIL REPORT ENGINEER REPORT 11.Pay Request #1 and Final - 1994 Seal Coat Project 12.Pay Request #2 Old Crystal Bay Road Suect Improvement CITY ADMINISTRATOR’S REPORT 13.Old Beach Road Through Traffic Problem 14.North Shore Drive No Parking Signage (Near Public Accesses) - Resolution 15.Authorization of ADA Compliance Requirements Audit 16.Establishment of Council Work Session(s) 17.1995 Appointments - Resolution 18.1995 Meeting Schedule 19.Park Commission Liaison Schedule 20.Reque.st to Consolidate Expenditures Using a Central Services Department AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JANUARY 9, 1995, 6:40 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR’S REPORT Continued *21. Pay Level for Corporal Assignment *22. Minnesota Police Recruiting System (MPRS) Membership Termination - Resolution CITY ATTORiNEY’S REPORT (*23.) LICENSES (*24.) BILLS UPCOMLNG ISSUES AND EVENTS 01/09 - Council meeting 6:40 p.m. 01/10 - Orono School Board Meeting in Orono Council Chambers 7:00 p.m. 01/11 - Lake Use Committee 7:45 a.m. 01/16 - Holiday - Manin Luther King, Jr. Day 01/17 - Planning Commission 7:00 p.m. 01/23 - Council meeting 7:00 p.m. 01/24 - Orono School Board Meeting in Orono Council Chambers 7:00 p.m. PLANNING COMMISSION (^COUNCIL ^ MEETING DATE PUBLIC ATTENDANCE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OP. NUMBER 2. 3 . 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. j 7‘T‘f OA^rJ Affidavit of Publication State of Minnesota. County of Hennepin. OTYOFOfWNO NOTiCe OF PER80NALIMATEPICRAFT ORDINANCE HCARINQ NOTICE, is hereby gr^en thel the Orono City Council will meet for the purpose of holding a public hearing to receive public comments regardma a proposed ordinance reoulalina the uae ol oarsonal watercraft on Lm Lake. The public hea ring w« be held at 6:45 p.m. on Monday. January 9, 1995. in the OroTK) ON Council Chambers. 2780 Kelley Parkway. Orono. Minneeois. This meeting is open to the pubic. Wdtlen and oral consnents wW be considsred at this By order of City Council /s/Dorothy M. HaMn OtyCIsrk i(Pub5ahod in The Laker and Pionaer Dec. 26. 1994) Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below; A. ) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, ar>d other applicable laws, as amended^ B. ) The printed n'Jmnrft) . V^ninrn_____________ which is cttached was cut from the columns of said newspaper, and was printed and published once each week for / successive weeks: It was first published Monday. the ■■ day nf [[otHfflll^/lJ and was thereafter printed and published every Monday, to and including MorxJay, Subscribed and sworn to me on this Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $10.96 per inch. (2) Maximum rate allowed by law for above matter: $10.96. (3) Rate actually charged for above matter: $6.16 per inch. Each additional successive week: $4.24. KRISTI HOLM ARY PUBLIC -MINNESOTA HENNEPIN CG'.'NTY Conifnl'.‘*ior e Information e paid by oommerdal users ce:$10.96 per inch, ed bv law for above matter:$10.96 REQUEST FOR COUNCIL ACTION ® J99S ^’^OfomiQ January 5. Iv9y''DATE: January 5, ITEM NO:/ Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Personal Watercraft Ordinance Hearing The public hearing regarding the regulation of personal watercraft on Long Lake will be held at 6:45 p.m. on January 9. I have attached the updated proposed ordinance. Staff has made several changes to the ordinance to simplify and clarify the ordinance. The two ke> items of the ordinance are Section 4, Subdivision 2 and Section 4, Subdivision 3, both on page 3 of the ordinance. Subdivision 2, Hours of Operation restricts the operation of personal waterciaft between 6:00 p.m. (or sunset which ever occurs earlier) and 8:00 a.m. the following day. Subdivision 4 restricts racing of personal watercraft unless a race permit has been approved. This provision would allow the cities of Long Lake and Orono to restrict racing activity to the times the cities determine are reasonable. According to the DNR rules, the process for adopting a surface use ordinance includes several steps. 1. The local unit holds a public hearing. 2. The local unit adopts the ordinance for DNR review. 3. The local unit submits the proposed ordinance and supporting documentation to the DNR. 4. The DNR reviews the ordinance and either approves or denies it. COUNCIL ACTION REQUESTED: Motion to adopt the personal watercraft ordinance with amendments if desired; and to authorke staff to submit the proposed ordinance and any supporting documentation to the DNR for its review. AN ORDINANCE REGULATING THE SURFACE USE OF LONG LAKE Section 1. Purpose, Intent, and Application. As authorized by Minnesota Statutes 86B.201, 86B.205, and 459.20, as now in effect and is hereafter amended, this ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Long Lake in Hennepin County, cities of Long Lake and Orono, Minnesota, said body of water being located entirely within the boundaries of the cities of Long Lake and Orono, to promote its fullest use and enjoyment by the public in general and the citizens of Long Lake and Orono in particular; to insure safety for persons and property in connection with the use of said waters; to promote the general health, safety and welfare of the citizens of Long Lake and Orono, Minnesota. This ordinance incorporates by reference Minnesota Statutes 86B.001-.005, 86B.301-.815, Water Safety and Watercraft laws; and Minnesota Rule parts 6110.0100-.2300 Boat and Water Safety Rules. Section 2. Definitions. A."Lake" means the lake known as Long Lake located in the cities of Orono and Long Lake, and designated as Lake Number 27-160 by the DNR. B."Personal watercraft" means a watercraft which uses a motor powering a water jet pump as its primary source of motive power, and which is designed to be operated by a person sitting, standing or kneeling on. rather than the conventional manner of sitting or standing inside, the watercraft. C."Daytime" means sunrise to sunset. D. "Nighttime" means sunset to sunrise. E. "Race" course means a route defined by the placement of buoys, or by other means, along which a watercraft is to be driven. F. "Race" means two or more personal watercraft being driven along a race course simultaneously. Section 3. Maximum Speeds. No person shall operate a watercraft on the Lake at a speed greater than is reasonable and prudent under the conditions and with regard to the actual and potential hazards then existing. In every event speed shall be so restricted as may be necessary to avoid colliding with any person, watercraft or structure in or upon the Lake which is in compliance with legal requirements and the duty of all persons to use due care. No watercraft may be operated on the Lake at a speed in excess of the following limits: (a) 40 miles per hour during the daytime; (b) 15 miles per hour during the nighttime; fc) Slow-no wake speed (not greater than 5 miles per hour) within 150 feet from a swimmer, an anchored or moored raft or watercraft, or shoreline, dock or pier, except when a watercraft is towing a person(s). The towing watercraft must use the most direct route to and from shore. Section 4. Personal Watercraft. Subd. 1. Prohibition. It is unlawful for any person to operate a personal watercraft or for the owner thereof lO permit the operation of a personal watercraft on the Lake in any way which is contrary to the provisions of this Code or the laws, rules or regulations of the state. Subd. 2. Hours of Operation. No person shall operate a personal watercraft between 6:00 p.m. for sunset, whichever occurs earlier) and 8:00 a.m. the following day. Subd. 3. Wake Jumping. No person operating a personal watercraft shall jump the wake of another watercraft within 100 feet of that watercraft. This includes the wake of another personal watercraft. Subd 4. Racing Restriction. No persons shall race their personal watercraft unless they have received a race permit through approvals by the cities of Long Lake and Orono and the Hennepin County Water Patrol. Section 5. Noise. No person shall operate any watercraft or boat on the Lake which is capable o ‘ exceeding a noise level on the A scale measured at a distance of 50 feet or more from the watercraft or boat of: (a) 84 decibels in the case of marine engines or motorboats manufactured before January 1, 1982; or (b) 82 decibels in the case of marine engines or motorboats manufactured on or after January 1, 1982; or (c) 82 decibels in the case of personal watercraft water jet pump engines manufactured after January 1, 1992. Section 6. Enforcement. The enforcement of this ordinance shall be the primary responsibility of the peace officers of the Hennepin County Sheriffs Department or the Orono Police Department. Other licensed peace officers including Conservation Officers of the Department of Natural Resources of the State of Minnesota, and volunteer members of the Hennepin County Water Patrol are also <1 i authorized to enforce this ordinance. Section 7. while acting restricuons. All authorized Resource Management, Emergency and Enforcement Personnel, in the performance of their assigned duties are exempt from the foregoing Section 8. It shall be the responsibility of the cities of Long Lake and Orono to provide for adequate notification of the public, which shall include placement of a sign at each public watercraft launching facility outlining essential elements of the ordinance, as well as the placement of necessary buoys and signs. Section 9. Penalties. Any person who violates the provisions of this ordinance shall be guilty of a misdemeanor punishable by 90 days incarceration and/or a $700.00 fine or both. Adopted this____day of____________1994, by the city council of the City of Orono. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk 072094.5 ORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 12,1994 5^, ROLL The Council met on the sbove d&te with the following members present; Mayor Edward Callahan, Jr, Council Members Gabriel Jabbour, and Charles Kelley. JoEllcn Hurr arrived at 7:40 p.m. during the discussion of Item #8. J. Diaim Goetten was absent. Representing Staff were City Administrator, Ron Moorse; City Attorney, Tom Barrett', Public Works Director, John Gerhardson, Building and Zoning Administrator, Jeanne Mabusth; Assistant Planning arxl Zoning Administrator, Michael Gaffron^ City Engineer, Glenn Cook; and Recorder, Sherry Frost. Mayor Callahan called the meeting to order at 7;00 p.m. (#1) TRUTH IN TAXATION FINAL HEARING - ADOPT 1995 BUDGET AND TAX LEVY - RESOLUTIONS #3502,3503 AND 3504 Callahan reviewed the 1995 General Fund Budget as proposed at the Truth In Taxation public hearing held November 29th. He noted the estimated revenues by type and the appropriated expenditures by function. There were no public comments. Callahan moved, Kelley -seconded, to adopt Resolution #3502, a resolution to adopt the 1995 General Fund Budget in the amount of $3,245,015 of Estimated Revenues and $3,245,015 of Appropriated Expen^tures. Ayes 3, Nays 0. Callahan reviewed the 1994 Tax Levy Collectible in 1995, as proposed at the September 12,1994 Council meeting and at the November 29th Truth In Taxation public hearing, noting that the amounts reflected the reduction for HACA and, as required. There were no public comments Callahan moved, Jabbour seconded to adopt Resolution #3504, a resolution adopting the Final 1994 Tax Levy Collectible in 1995 for all purposes in the amount of $2,016,170. Ayes 3, Nays 0. Call^ian reviewed the 1995 Debt Service Funds Budgets as proposed at the Truth In Taxation public hearing. There were no public comments. Callahan moved, Kelley seconded, to adopt Resolution #3503, a resolution determining the 1995 Debt Service Funds Budgets for combined Estimated Revenues of $1,019,280, and for combined Appropriated Expenditure of $1,019,280. Ayes 3, Na3rs 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 12, 1994 (#2) ORONO HOCKEY ASSOCIATION PRESENTATION Bob Halvorson, President of the Orono Area Sports Facilities, Inc., an oflT-shoot of the Orono Hockey Boosters, updated the Council on their findings for additional ice facilities. He stated this need is due to the lack of suflBcicnt ice time for the present programs. Halvorson and Cindy Bergen, a mother of three hockey players, two girls and one boy, reported the explosive growth of the hockey program for girls. Other uses bendes hockey for ice time are figure skating, open skate, and a newly developed disability program. Halvorson said this would truly be a community rink. Three sites were evaluated. An expansion of the Pond Arena in Mound would take more time than the association ‘eeis they have to facilitate their ice needs in the near future. The second site is land recti.^’y ceded by Orono to Wayzata. However, a stoplight on Hwy 12 b felt to be necessa.* y for the Wayzata site, but is not desired. The third site has been deemed to be the choice of the association. This site would be on the Orono School District properly north of the high school. It is reported that the school district is in favor of this location. The association plans to initiate fund-raising efforts in early January. They would like an indication of the Council’s view of the high school site before thqr move ahead with their fund-raising effort. The Council did not voice objections to the site, but indicated potential obstacles, such as a MUSA amendment to enable the site to be served by sewer. (•#3) CONSENT AGENDA Items #14, 19, and 20 were added to the Consent Agenda. Callahan moved, Jabbour seconded, to approve the Consent Agenda as amended. Ayes 3, Nays 0. (Let it be noted that Council member Hurr arrived at 7:40 p.m. diuing Item n.) APPROVAL OF MINUTES (•#4) REGULAR MEETING OF NOVEMBER 2«, 1994 Callahan moved, Jabbour seconded, to approve the Minutes of the Regular Council Meeting of November 28,1994. Ayes 3, Nays 0. (*#5) TRUTH IN TAXATION MEETING OF NOVEMBER 29,1994 Callahan moved, Jabbour second^, to approve the Minutes of the Truth in Taxation Meeting of November 29, 1994. Ayes 3, Nays 0. [ MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 12.1994 PARK COMMISSION COMMENTS Park Commissioner Sherokee Use was present. Use reported the Orono golf course warnung will be open to the public for cross-country skiing and sledding on Wednesday evenings and Saturday and Sunday afternoons. The concession stand will be open. The public will be notified of this throu^ the local paper. PLANNING COMMISSION COMMENTS Sandra Smith had no comments. PUBUC COMMENTS There were no comments from the public. ZONING ADMINISTRATOR’S REPORT Due to the lack of a quorum at the November 21.1994 meeting of the Planning Commission, several items in the Zoning Admimstrator's Report are Continuations of a Public Hearing. The audience was notified of this and of the Applicants' right to a Public Hearing before the Planning Commission if they so desired. (/t6> #1895 PAT WOLFE, 2871 CASCO POINT ROAD - AFTER THE FACT VARIANCES Gaffron reported that Mr. Wolfe had indicated earlier in the day that he would not be at the meeting and asked to withdraw his applicafioiL Wolfe will remove the shed-in- question and requests a refund of unused portions of the application fee. Callahan moved, Jabbour seconded, for conceptual denial of Application #1895 and instructed Staff to sec that the violation was taken care of Ayes 3, Nays 0. (*#7) #1986 DON P. GAMBLE, HI, AND QLATRO OIL VENTURES, INC„ 4680 BAYSIDE ROAD - FINAL SUBDIVISION - RESOLUTION #3505 Callahan moved, Jabbour seconded, to adopt Resolution #3505 for a Final Subdivision for Don Gamble, 111. and Quatro Od Ventures. Inc., at 4680 Bayside Road. Ayes 3, Nays 0. (#8) #1980 A&T DEVELOPMENT, 460 PARK AVENUE - VARIANCES - CONTINUATION OF PUBLIC HEARING OF NOVEMBER 21,1994 - 7:30-7:47 P.M. - RESOLUTION #3506 Applicant, Dwight Post, was present. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 12.1994 (#8 - #1980 - AAT Development - Continued) Mabusth reported the application was for a area and lot width variance to allow an undeveloped pared to Iw developed The property is bounded by Tonkawa Road to the east and Park Avenue to the west. The property is made up of four independent pareds that have each been assessed 1/4 sewer unit. The pareds must be legally coid>ined before a building permit can be issued. Park Avenue which is an unimproved dedicated right-of- way will now service three residential units. The Engineer had ori^naDy recommended the road be upgraded to a 24' paved width. The three Planning Commission members recommended ^jproval and that the City Engineer be directed to provide an ahemative plan for use of the 30’ width right-of-way for turnaround use. Gerhardson had advised the City maintains Park Avenue up to the second residential driveway. If the roadway is to be maintained by the City up to the proposed third residential drive, then the plan must be revised to serve maintenance vehicles with the north radius at the intersection of the new curb cut at 20' and the southerly comer at a 10* radius. The turnaround is provided by extending the travelled roadway of Park Avenue a minimum of 30' northerly of the curb cut to the newly developed lot. Mabusth stated if the road is to be maintained by the City, the turnaround for maintenance vehicles must be required. If the road is to go to the second driveway only, maintenance would stop at that point and future owners would be responsible for maintenance of future driveway located within Park Avenue. The applicant would prefer this option. Jabbour asked for clarification of the code in reference to a 80' turnaround requirement. Mabusth said this would indeed refer to a new subdivision. In this case, the Engineer proposed an ahemative plan as we are dealing with a platted right of way of 30*. The Applicant said he was satisified with the present maintenance and size of the road and would like to maintain the private driveway. He is concerned with loss of trees with the taking of an additional 30' of land. Mabus^ said that the City would not be taking additional land but just redoing what is the public right-of-w^. Callahan asked for and received no public commenL thus closing the public hearing. In discussion, Mabusth indicated there is yet another parcel in this area that could be developed and would be accessed through this road. Cook said the sanitary sewer runs up to the middle of the lot, and the required turnaround would not be extended beyond that point, also noting that the only trees present within tins corridor are scrub trees. Kelley moved. Hurt seconded, to approve Resolution #3506, Application #1980, for lot width and area variances with access as outlined in the City Engineer's rqmit. Ayes 4, Nays 0. I minutes of the regular orono city council meeting held on DECEMBER 12, 1994 (^8 - Item ^5^1980 - A&T Development - Continued) Callahan gave the Applicant the option to have his application reheard in front of the frill Planning Commission or to waive his ri^t. It was clarified that the expense of improving the road would be that of the developer. The road would be at the width as it is now with a 30* extension for the turnaround. Mr. Post found this to be acceptable and waived his right to a hearing in front of the Planning Commission. (#9) #1982 DANIEL S. PERKINS, 55 LANDMARK DRIVE - VARIANCE/CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING OF NOVEMBER 21,1994,7:47-8:08 P.M. Mr. Perkins was present. This application is for a condition-use permit required as land alterations involve the excavation of 2,000 cubic yards of peat over a ten-year period. A variance is required as dredging is proposed within a de^gnated 150 acre wetland. The proposal includes the creation of two ponds, one 5000 s.f to be completed in a two-year span, and the other 25000 s f to be created over an eight-year period of time. Excavation will be limited to 200 cubic yards y'carly and will be dcv'clopcd at 6' depths with a 5; 1 slope on the ^es. Access will be throu^ the Butterfield property located at the northwest comer of Perkins property. The properties are contiguous. Mr. Butterfield will perform the e.xcavations using either a 1/2 or 3/4 yard backhoe. The 200 cubic yards of peat material will be used in Mr. Butterfield’s nursery operation and is the total amount he is able to use in a year period. Because of the length of time involved. Cook said some changes to the eco-system may occur and impact the wetland. Cook recommended a silt curtain be added to keep the material from running into the wetland in the spring after the winter excavation. The Planning Commission asked for annual review by Staff with the issuance of land alteration permit to evaluate the situation. The Staff" also asked the Applicant to inform the City if access is varied in order to alert the neighbors. During discussion. Hurt voiced concern over the ten-year period of time involved and would like to sec closer scrutiny occur. Kdley wanted to make the Applicant aware that although this land is not a protected DNR wetland, this could change at some poim. Callahan asked the Applicant if he wishes to waive his rights to a public hearing of the Planning Commission. Mr. Perkins agreed. There were no public comments. Council members recommended an annual review of this project. A discussion with City Attorney Barrett ensued over the legal implications when City approves a plan to be completed over a 10-year period of time. Barrett stated it would be difficult to stop such a project if it became necessary. Council noted the need to create a mechanism that would allow the City to review a conditional use permit on an annual basis, thereby, reserving for the Council the right to stop the project if necessary. minutes of the regular orono city council meeting HELD ON DECEMBER 12,1994 (#9 - #1982 - Daniel S Pcrkiiis - Continued) Callahan moved, Kdle;/ seconded, for approval of a conditional use permit to allow the mining up to 200 yards in 1994/95, and directed Staff to develop a recommendation regarding periodic reviews of the mining C U P. Ayes 4, Nays 0. (#10) #19S3 TOM AND MAUREEN PALM, 1685 CONCORDIA STREET - VARLANCE - CONTINUATION OF PUBLIC HEARING OF NOVEMBER 21, 1994 - 8:08-8:15 P.M. - RESOLUTION #3507 Mr. & Mrs Palm were present. Mabusth stated the Application is for variances for hardcover, lakeshore setback, and average lakeshore setback to construct a second story over a single story framed structure. Support trom neighbors was noted. Mabusth said the Applicant was informed that the foundation was in good condition when the property was purchased. The Applicants gave their permission to waive thdr rights to a public hearing before the Planning Commission. Mayor Callahan opened the public hearing. Callahan said the Plannii^ Commission asked that the shed be removed because of excess hardcover. Hurr asked if any restrictions were placed on roofing or screening of the upper and lower decks. The Applicant said the upper deck would be roofed and that he had no intention of roofing or enclosing the lower deck. Mabusth rqxnted there had been no discusaon of this at the Planning Comnusaon meeting. The Planning Commission was aware that a roof was to be installed over the upper deck based on the plans submitted with the applicatioa There were no public comments. Mayor Callahan dosed the public hearing. Hurr moved, Kelley seconded, to approve Resolution #3507 with the additional condition that the lower deck not be enclosed, screened, or roofed. Ayes 4, Nays 0. (#11) #1984 STEVEN M- ENGLUND, 3855 CHERRY AVENUE - RENEWAL VARIANCE - CONTINUATION OF PUBUC HEARING OF NOVEMBER 21, 1994,8:15-8:18 P.M. - RESOLUTION #3508 Mr. Englund was present. MINUTES OF THE REGULAR ORONO CITY CXXJNCIL MEETING HELD ON DECEMBER 12,19W (#11 - #1984 - Steven M Englund - Continued) Mabusth reported the Application b for a renewal variance fw lot area. The original variance has expired. The Applicant b presently working on the building plans and b aware of the required setbacks. There are no dianges to the Application. Mr. Enghmd agreed to waive hb rights to a public hearing before the Planning Commission. Mayor Callahan opened the public hearing. There were no comments from the public. Mayor Callahan closed the public hearing. Hurr moved, Jabbour seconded, to approve Resolution #3508 for Steven Englund for a renewal variance. Ayes 4, Nays 0. (#12) #1985 BRUCE BREN HOMES, 1000 COX FARM ROAD - CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING OF NOVEMBER 21, 1994 Mr. Bren was not present. Jabbour moved, Kelley seconded, to table Application #1985. Ayes 4, Nays 0. (#13) B-2 ORDINANCE PROPOSED AMENDMENT Council discussed the proposed amendment to the B-2 Ordinance. Hurr adted for clarification of the City Attorneys comments in reference to Subd. 15. The City Attorney indicated he had a concern about the City’s authority to regulate the expansion and removal of the number of slips and buoys and lengths of docks. Mayor Callahan indicated h was hb understanding that the issue of concurrent jurisdiction is unsettled in the courts. Mayor Callahan indicated he did not believe the Chy should adopt the LMCD ordinances by reference. The Council directed Staff to review those sections of the ordinance that refer to the LMCD ordinances. Hurr recommended the amendment be more specific in regard to the enforcement of regulations governing snowmobile sales and service. ( NflNUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 12, 1994 (Ilein #13 - B-2 Ordinance Proposed Amendment - Continued) Callahan moved, Hurr seconded, to table the B-2 Ordinance Prop<»ed Amoidiiieot to the January meetii^ of the Coundl. Ayes 4, Nays 0. MAYOR/COLNCIL REPORT Mayor Callahan indicated he has appreciated working with the Council during his first two years as mayor and believed it has been a productive two years. Jabbour volunteered for the position of working with Hennepin County to eliminate the car/trailer parking on CoRds 51. 135, and 19 as part of the Maxwell Bay public access project. Gerhardson said »gns in those areas cannot be specific to the vehicle being parked, i e. allowing for cars only but no trailers. There would either be parking or totally no parking. Residents on the lake in these areas are concerned with boaters using their docks to get to their cars and trailers Gafiron reported that the Lake Use Committee Meeting is scheduled for Wednesdr^, January 11, 1995 at 7:45 a.m. ENGINEER REPORT (•#14) PAY REQUEST #9 AND FINAL - STUBBS BAY SA?fn*ARY SEWER IMPROVEMENT Callahan moved, Jabbour seconded, to approve the 9th and final request for payment for tlw Stubbs Bay Sanitary Sewer Improvement to Progressive Contractors, Inc., 8736 Zachary Lane, Osseo, in the amount of $57,512.20. Ayes 3, Nays 0. OTY ADMINISTRATOR’S REPORT (#15) SEPTIC/SEWER WORK PLAN Moorse presented a summary of Council's d'nection and follow-up to the work session of 12/9 StafiTis requesting conBrmation of the direction given to Staff at that meeting. According to Gafiron, the MUSA arnendmem materials should be ready for Met Council presentation by the end of January. Gaiffon suggested that the entire Orwio Schook ^e be included in the MUSA amendment. 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 12,1994 (#15 - Septic/Sewer Work Plan - Continued) During discussion of the potential North Long Lake sewer prefect, Moorse said the City needs to determine the costs involved and to what degree the City is willing to partiapatc in these costs before a public infonnation meetup is held. All ^eed on the importance of maintaining open communication with the public on the progression of this program. Hurr also asked to inform the pubUc of the Met Councifs involvement in this program It was noted that the City will request Bonestroo & Associates to submit a proposal and price for conducting a feasibiUty study for this project. Gaffron reported having estimated costs on the actual prefect itself. Council confirmed Orono Orchards as a second priority Usting. Jabbour, however, would like to see those listed first receive sewer in 1995, and those listed second, rccavc sewer in 19%. The Council directed Staff to explain to the residents the "hot spot" areas, the City's philosophy regarding sewer availabiUty. and to e.xplain that the City needs to obtam approval from many different agencies before a sewer project can move forward. (#16) ESTABLISH DATE FOR PERSONAL WATERCRAFT PUBLIC HEARING Callahan moved, Jabbour seconded, to hold a joint ptd)lic hearing with Long Lake regarding the proposed personal watercraft ordinance prior to the Council meeting of January 9, 1995 Ayes 4. Nays 0. (#17) MCTO PROPOSED BUS ROUTE CHANGES Moorse reported the MetropoUtan Counefl Transit Operations is considering diminatmg bus service on Brown Road south of Watertown Road and on County Road 51 Sot Brown Road to West Arm due to low ridership. This would require a loop route ui or near Long Lake for the return trip to Minneapolis. Originally, the MCTO s plan was to have a short loop on Willow Drive but that road will be under construction next year. The MCTO proposes to create a loop fi’om Brown Road along Watertown Road to Old Crystal Bay Road, then north on Old Crystal Bay Road to the Middle School to turn around for its return trip. Moorse asked for the Council s input. All Council members were opposed to a bus route on Watertown Road. Kelley fdt the buses should run mainly on County Roads, with the exception of McCulley Road. Hun- suggested maintaining service on CoRd 51 to the Maxwell Bay access. Hurr felt pub c transportation was an important consideration in the LMCR grant approval for the access project. It was re :ommendcd that Moorse send a letter to the MCTO reflecting Uie Council's view and a City representative be present at the MCTO public hearing on December 14. minutes OF THE REGULAR ORONO CTTY CXXJNCIL MEETING HELD ON DECEMBER 12, 1994 (#18) TEMPORARY STAFFING FOR MICROFICHE PROJECT - POLICE DEPARTMENT Moorse reported that the police department, after keeping a hard copy of each file for three years, nucrofiche's each file. Due to a bu^ work load, the departnnent is unable to keep up with this procedure and requests hiring their present lagh school intern to assist in this project. Since the intern is fiuniliar with the workings of the department, this would aid in the efficiency of the procedure. It was noted that other police departments have begun using imaging tecluiology. The City will be examining the results of Minnetonka Police Department's use of this relativdy new technology. Hurt moved, Callahan seconded, to authorize the hiring of Jeremiah Calla^tan as a rart- time temporary employee at $6.259/hr not to exceed a total of $3 12.95. (•#19) WINTER ACTIVITIES ORONO GOLF COURSE Callahan moved, Jabbour seconded to approve the use of the Orono Golf Course by Gear West of Long Lake and the public for cross-country skiing and sledding for one evening per week and Saturday and Sunday afternoons during January and February, weather permitting. Concession stand will be open which will ofiset the cost of personnd to rtaff the club house. Ayes 3, Nays 0. Hurr voiced her opinion that Gear West should share in the expense of maintaining personnel for the club house. It was noted that Gear West does maintain the sld trails. (•#20) CITY RECORDER FEE ADJUSTMENT Callahan moved, Jabbour seconded, to increase the City Recorder pay schedule as follows: Ayes 3, Nays 0. 2 hour meeting 3- hour meeting 4- hour meeting 5- hour meeting S 80.00 100.00 120.00 140.00 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 12, 1994 (#21) STUBBS BAY SEWER CONNECTION GRANT PROGRAM Moors£ reported this progrsin was de*/doped to assist those residents who (]ualificd at 50*/« of median income. Median income is a f«leral guideline from HUD specific to our metropolitan area and also based on the individual's number of dependents. Five Qualified for the program and four actually received a grant. At this tune, a balance of $19,999.72 remains. Staff recommended now offering the grant to those with incomes up to 80*^^ of the median income. Staff suggested the Council consider increasing the SI 500 grant limit. The initial plan was to provide a SI 500 grant to those with incomes greater than 50% of the median income but less than 80% of median income. The Council determined that the City should notify those residents who qualify at the 80% median income guideline. Applications shall be taken, and the $1500 grant amount will then be reevaluated. (#22) EMPLOYMENT OF FULL-TIME POLICE OFFICER This item was to be discussed during the Executive Sesrion. (#23) 1995 MEETING SCHEDULE The 1995 meeting schedule approval was tabled to the January 9, 1995 when full Council is present. Moorse will move ahead with the present schedule. It was noted that the School District will hold their meetings on the second and fourth Tuesdays of each month. (»#24) ANNUAL REPLACEMENT OF POLICE SQUAD CARS Callahan moved, Jabbour seconded, to approve the purchase of two Ford Crown Victoria cars in 1995. Ayes 3, Nays 0. (•#25) CITY FACILITIES ITEMS UPDATE Moorse memorandum updated the Council on Staffs continuing efforts in obtaining reasonable price quotes for heat tape at the public works entrance, police squad phig-ins, and a light standard in the police department staff parking lot. Moorse reported the police department and public works are working together to develop a plan fi>r storing the police squads indoors. (•#26) TAX FORFEIT PROPERTY - P.LD. 17-117-23 44 0094 - RESOLUTION #3509 CaUahan moved, Jabbour seconded, to adopt Resolution #3509 requesting an extenaon of the deadline for City action. Ayes 3, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 12,1994 (•#27) POSTLNG SPEED LIMITS TONKAVIEW LANE - RESOLUTION #3510 Callahan moved, Jabbour seconded, to adopt Resolution #3510 approving the authorization of a safe and reasonable ^)eed limit for Tonkaview Lane. Ayes 3, Nsys 0. (•#28) 1995 FEE SCHEDULE ORDINANCE AND SUMMARY ORDINANCE FOR PUBLICATION - ORDINANCE #130,2ND SERIES Callahan moved, Jabbour seconded, to approve the proposed 1995 Fee Schedule Ordinance No. 130. 2nd Series, and to adopt the Summary Fee Ordinance for Publication. Ayes 3, Nays 0. (•#29) AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED Callahan moved, Jabbour seconded, to authorize the City Treasurer to disburse funds in payment of claims received for the December 27th Council meeting, which has been cancelled and that such paid claims are to be presented at the January 9, 1995 regular Council meeting for formal approval. Ayes 3, Nays 0. (•#30) 1995 APPLICATION FOR COVERAGE UNDER LMCIT SELF- INSURANCE WORKER’S COMPENSATION PLAN Callahan moved, Jabbour seconded, to approve the 1995 Application for Cover^e under the LMCIT Sdf-lnsuied Worker’s Compensation Plan and award the 1995 worker compensation insurance to the LMCIT for the initial net premium of $41,444, efiFective January 1, 1995. Ayes 3, Nays 0. (•#31) 1994 INTERFUND TRANSFERS AND LOAN PAYMENTS Callahan moved, Jabbour seconded, to approve the interfiind operating transfers, loan payraerrts and special assessment payments on City owned property as preseirted, effective December 31,1994. Ayes 3, Nays 0. (•32) RESOLUTION TO ACQUIRE SAGA HILL TAX FORFEIT PARCEL - RESOLUTION #3511 Callahan moved, Jabbour seconded, to adopt Resolution #3511 requesting acquisition of the Saga Hill tax forfeit parcel. Ayes 3, Nays 0. \nNUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 12. 1994 (*M3) REPLACEMENT OF POUCE DEPARTMENT CO^fPUTER f*allahan njovcd, JabbouT sccoiidcd, to appiovc the expenditure of $2,455 from the Police Capital Equipment Account for the purchase of a computer and printer. Ayes 3, Nays 0. CITY ATTORNEY’S REPORT Attorney Barrett requested adjournment to Executive Session at 9:30 pm (*#19) LICENSES Callahan moved, Jabbour seconded, to approve the following licenses: Ayes 3, Nays 0. On-Sale Non-Intoxicating Malt Liquor Orono Golf Course 265 Orono Orchard Road Commercial Kennel License Residential Kennel License (1994 and 1995) 1995 Residential Kennel License The Dog House Boarding Kennels, Inc. D. Brian & Cathy L. Fulmer 3505 Wayzata Boulevard Jayne Paasch 2150 Kenwood Way Wa>ne E. & Gayle D. Carrier 1376 North Arm Drive Wilfred Hoyer & R Zohara 565 Hanlon Avenue (*#20)BILLS Callahan moved, Jabbour seconded to approve pavinent of the All Funds Account. Ayes 3, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 12. 1994 ADJOURNMENT City Attorney Barrett requested adjournment to Executive Session at 9:30 p m. Edward J. Cailahan, Jr, Mayor ATTEST; Dorothy M. HaJlin, City Clerk I rW. .. ft • . V % fc * •Jr MINUTES OF THE CITY COUNCIL EXECUTIVE SESSIQNN 9 1995 9:30 P.M., MONDAY, DECEMBER U, 1994 1.Callahan moved, Jabbour seconded, approval of increasing the hours of Officer John Schoenhoff from part-time to fiill-time, with pay at the one year cor.tract rate, effective January 2, 1995. Ayes; Callahan, Jabbour and Hurr. Nays Kelley. Callahan moved, Kurr seconded, that staff be directed to work with the City Attorney to improve the city’s hiiing processes with the purpose of meeting all legal requirements. Ayes; unanimous. 3.Callahan moved, Jabbour seconded, that the city terminate its membership in the Minnesota Police Recruitment System (MPRS). Ayes; unanimous. Edward J. Callahan, Mayor ATTEST: Dorothy M. Hallin, City Clerk TO: FROM: DATE: Ron Moorse, City Administrator John R. Gerhardson. Public Works Director December 28, 1994 COUNCIL MEETING 9 1995 CITY Of ORONO ? SUBJECT: Resignation Alex Vongries, Vice Chair Park Commission On December 9. 1994 Alex Vongries verbally submitted his resignation as Park Commission Vice Chair and Commission Member. Alex Vongries began serv ing on the Commission October 10, 1988 and was appointed Vice Chair July 9, 1990. The Park Commission consists of seven members and is established by ordinance. It is staff s recommendation that Council direct staff to advertise in the k>cal newspaper that the vacancy exists ana to accept applications from interested residents. REQUEST FOR COUNCIL ACTION 566' 6 NVr DATEONiuiwiiMnoa ITEM NO.:. VN, Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1982 Daniel S. Perkins, 55 Landmark Drive - Variance/Conditional Use Permit - Continuation of Public Hearing - Amended Resolution At Council’s direction the enclosed approval resolution has been redrafted so that applicant will be responsible for filing a conditional use permit annually to complete the dredging of the two open water areas within the 3.2 acre wetlands. Applicant will be charged a renewal conditional use permit fee annually, currently now at $100.00. An annual land alteration permit charge is $75.00 plus $25.00 for each inspection over the first. Staff has recommended that the City waive the requirement for the land alteration permit each year and to charge each annual conditional use permit at a renewal conditional use permit fee based on current fee schedule for that year. At the City Attorney ’s request reference to the approval of the ten year land alteration plan has been removed with only reference to the reviewing of the plan. Staff has reviewed the amendments to the resolution and the changes in the review process with the applicant. The applicant, Mr. Perkins, had no further questions. COUNCIL ACTION REQUESTED: To close the public hearing and to either adopt or amend the enclosed approval resolution, 1 A RESOLUTION GRANTLNG A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 1982 WHEREAS, Daniel S. Perkins (hereinafter "the applicant") is the owner of the property located at 55 Landmark Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 2, Bayside Landing, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, per Municipal Zoning Code Section 10.03, Subdivision 19 the applicant has made application to the City of Orono to permit the removal of 200 cubic yarfs of peat from a 3.2 acre wetland within the property. The wetland is a protected wetland of pie City of Orono. Per Section 10.55. Subdivision 8, the applicant has ftled a vartance appitcatton as the code would not permit the excavation of materials within a protected wetland. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 2. FINDINGS 1. This application was reviewed as Zoning File #1982. The propeny is located in the RR-IA, Single Family Rural Residential Zoning District requiring five acres of area. Two acres of which must be contiguous. The property consists of a total of 10.4 acres, 7.2 acres of dry and 3.2 acres o wet. Page 1 of 7 Three members of the Orono Planning Commission reviewed this application on November 21, 1994 and recommended approval of the proposed variance and conditional use permit based on the following findings: A. The excavation of the wetland on a scale limited to 200 cubic yards will have a negligible affect on the 150 acre wetland. B. The excavation of open water areas will enhance wildlife habitat. C. 4. 5. D. E. Portions of this wetland have already been excavated for the purposes of retrieving peat for the past thirty years without any negative impact on the wetland or the existing wildlife habitat. The excavation of ponding areas will improve water storage and provide a sediment trap. The regrading of banks adjacent to the open water areas will encourage more beneficial wetland/aquatic vegetation. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional use permit to allow the annual excavation of 200 cubic yards of peat from the wetland during the winter months of 1995 will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 7 CONCLUSIONS, ORDER ANT) CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 to permit the excavation of 200 cubic yards of peat material within a protected wetland of the City. The current conditional use permit is issued for the winter months (January 9, 1995 through March 21, 1995) and shall be limited to 200 cubic yards. Approval of this conditional use permit is subject to the following conditions: 1. 2. The City has reviewed a comprehensive land alteration project involving the creation of two open water areas within a designated wetland on the property to be completed within a ten year period as shown on pages 6 and 7 of this resolution. The applicant shall file an annual conditional use permit for the removal of 200 cubic yards and shall be charged the fee for a renewal comlitional use permit as set forth in the City's fee schedule for the current year. The City shall also waive the requirement that applicant file for an annual land alteration permit upon Council ’s approval of the annual conditional use permit. The City has approved access to the site for construction vehicles and equipment to be at the northwest comer of the property. If access is to be achieved via Landmark Drive, the City must be advised so that applicant can provide suitable notice to all land owners served by Landmark Drive. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (January 9, 1996). Violation of or non-compliance with any of the terms and conditions of this resolution shall constimte a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 7 Adopted by the Orono City Council on this 9th day of January, 1995. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 9th day of January, 1995, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said iiiStrument was executed on behalf of the City. Notary Public Page 4 of 7 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199___, before me a Notary Public within and for said County, personally appeared ____________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199___, before me a Notary Public within and for said County, personally appeared ____________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he tthey) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this___________day of ____________________199______, before me a Notary Public within and for said County , personally appeared _____________________^^---------------- known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 7 Mh" • ^ Cfrtificdtt of Survey Eldcn Construction of Lot I, Olock Z, onrsloe land i fig llcnnepln County, Minnesota ; •) A i /Q S^S LiX^dmcLi,iz ^4.,I. ' Urt</ 6 -■• y CITYOFOnONO ^ SITE PUN_ -------- ---- GRADIHG PUfI l' LIAPPHOVEDWITH nevisioiis - U DISAPPnoV,E nY__yj(A _ _________ oAte_.------s. - By •SJ ni I UKESI IDHE G. 'AmANDS ^ R E G U L A T 1 Q N S CUOMO OnO!i ;^.MCl: PnOMItllT-j .| t-./X'AV'M IKJM. Fll.l. IMG. Gn»VOiML'. Linn-jijihii. iiiEEHPKiov/'Lon I \ • carjurnuunoM OP AMv KiMU I ><1. wi ri i!M VD FT UP .'\r,’v r.i lOOKUMn ^W'.ll liM P.'S r r OP AMY V.'P: 1 1.AMU'J--- - - - ____________ _ - .S *T ^• * * %. CU'i' OF Ol'iOF’O JiKHiU'i__uHAni.'!'.: . ! *• Ai'l'liuvt-I.I i I.M-rilOVKn VMITI |ipyi;-.i‘)|ir>, •M.rj/MTTi'.AlO • IIV IVvTT................ I . I.'» i’:: SiaUi 1**30' the location of^all ex[sUng*buMdl*nas"'^ir°anv**Sr^*^*'^*^''^^^^°P * survey of tile boundaries of lot l.fOlock 2 liAVi' to show any other-Improvements or encroachments/ proposed location of a proposed building. It does nf 3i!ale: 1 Inch * loo feet Oatc :. January 2J, iggg n : Iron marker OTg ; Spot elevation UiituiQ : . assumed COFFIII A GROHOEUG, INC. Kirk S. Gronborg HM. Uc. Hb. 12755 Engineers, Land Surveyors, Planners Long Lake, Minnesota i OE UIIUII purport I .. Page 6 of 7 Co O « '•'A I » ^ / Vyi 1^J f^rz>q-n^ S'~% b”^13 O .'W ICiCi 'Pf^ /•rP’f^' -n^ ^0“<- "TA Po<N>i>IATZSi <A U- /VT 5^' )< /oo' T>?<'^lATC; V lA ul> 1 Page 7 of 7 COUNCIL MEETING REQUEST FOR COUNCIL ACTION JAN 9 1995 DATE: jCEQMU: »t0NO ITEM NO.:a. Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: /i^l985 Bnice Bren Homes, 1000 Cox Farm Road - Conditional Use Permit Continuation of Public Hearing • Resolution The applicant was unable to attend the December 12, 1994 meeting of the Council and as a resuU, the application was tabled until either applicant or an authorized representative was able to attend in his place. Bruce Bren has advised that he will be in attendance at the January 9th meeting and will be able to respond to any questions members of the Council may have concerning the conditional use permit application. COUNCIL ACTION REQUESTED: To close the public hearing and to either adopt or amend the enclosed approval resolution. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION lO.OJ, SUBDIVISIONS 19 AND 21 FILE #1985 WHEREAS, Bruce Bren of Bruce Bren Homes, (hereinafter "the applicant") has an interest in the property located at 1000 Cox Farm Road within the City of Orono (hereinafter "City") and legally described as: Lot 8, Block 1. Shadowood Farm, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Oronn per Municipal Zoning Code Section 10.03, Subdivisions 19 and 21 for a conditional use permit to permit the filling of 300 cubic yards of fill to be used in the preparation of the building pad for a rear walkout where the code would have allowed 100 cubic yards under the authority of a building permit Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #1985. The property is located in the RR-IB Rural Residential Zoning District requiring 2 acres of dry contiguous land. The property consists of 3+ acres of land, 2 of which are dry contiguous land. On November 21, 1994, three members of the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: A) The filling of the building site will have no negative impact upon the existing, approved drainage plan for the subdivision of Shadowood. Page 1 of 5 4. 5. Septic sites at the southwest comer of property will be protected by the creation of a swale that will carry drainage away from septic areas and eventually to the east. Walkout design will not be unusual as some of the developed lake shore lots have been developed with either full or partial walkouts. Proposed improvement will have no negative impact on the property values of the adjacent residence. The City Council finds that granting a conditional use permit to allow the filling of 300 cubic yards to prepare a building pad for a walkout design will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19 and 21 to permit the filling of 300 cubic yards of fill for the purpose of preparing a building pad, subject to the following conditions: 1.All grading and drainage improvements have been approved as shown on the grading and drainage plan by Mark S. Gronberg of Coffin and Gronberg and included in this resolution as page 5. 2.Authorities granted by this resolution run with the property not with the applicant but are permissive only and must be exercised by application for a building Paee 2 of 5 I 3. 4. permit within one year of the date of Council approval or this conditional use permit wiU expire on that date (January 9, 1996). Violation of or non-compliance with any of the terms and conditions of this resolution shall constimte a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of January, 1995. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Bruce Bren of Bruce Bren Homes Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 9th day of January, 1995, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Pace 3 of 5 REQUEST FOR COUNCIL ACTION DATE: December 7, 1994 ITEM NO.: Department Approval: Name Jeanne A. Mabusih Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1985 Bruce Bren Homes, 1000 Cox Farm Road - Conditional Use Permit Continuation of Public Hearing - Resolution Zoning District: RR-IB, requiring 2 acres of dry contiguous area. Total area of property^ = 3 + acres. Additional Exhibit I - Amended Grading Plan Brief Description of Request For more detail and background on this review, please refer to the original staff memo of November 16, 1994 and the minutes of the Planning Commission meeting of November 21st. Applicant s building permit application was referred to the Zoning Department for a conditional use permit as filling activities were in excess of those allowed under the authority of a building permit, limited to 100 cubic yards of fill. Review the amended grading plan. Exhibit I, 300 cubic yards of fill are necessary to create a building pad that would allow a rear walkout design to Dickey Lake. The City Engineer sees no problem with the proposed filling as drainage will be directed to both the north side lot line to an existing drainage ditch and a swale to the south side of the residence will protect the septic sites at the southwest comer. Driveway grades have been reduced to an acceptable slope not at 4%. The three member Planning Commission recommended unanimous approval of the conditional use permit subject to the City Engineer ’s approval of an amended grading plan redefining grades for the access drive and designating a swale along the south side of the residence. Gustafson has approved the amended grading plan. The enclosed approval resolution has been drafted per the findings of the Planning Commission approval. COUNCIL ACTION REQUESTED: To close the public hearing and to either adopt or amend the enclosed approval resolution. TO:Chair Schroeder and Orono Planning Commission Members Ron Moorsc, City Administrator FROM:Jeanne A. Mabusth. Building & Zoning Administrator DATE:November 16, 1994 SUBJECT: #1985 Bruce Bren Homes, 1000 Cox Farm Road - Conditional Use Permit Public Hearing Total area 3 +• acres Zoning District: RR-IB, requiring 2 acres of dry contiguous land. Pertinent Ordinances Section 10.56 - Property is also located within a shoreland area. Dickey Lake has been classified as a namral environment lake. Proposed structure meets all setback requirements from the natural environment lake. Section 10.03, Subd. 21 - A building permit application has been referred to the zoning department as filling activities were found to be over the 100 cubic yards allowed with a building permit. Original plans proposed 450 cubic yards of fill. The current plan calls for approximately 300 cubic yards of fill. List of Exhibits A - Application B - Plat Map C - Certificate of Mailing D - Property Owners List E - Engineer’s Report 11/15/94 F - City Topographic Map G - Survey - Grading and Drainage Plan H - Elevation Description of Request The applicant proposes the filling of approximately 300 cubic yards of fill to create a building pad that would allow a rear yard walkout on a lot that has flat graduated elevations. Applicant ’s current plan shows the attached garage realigned taking advantage of the "large hump" located in the northwest comer of the property (refer to Exhibits F and G). By realigning the garage at the higher elevation to the northwest comer filling was reduced by 150 cubic yards. Please review Exhibit E, Gustafson ’s report. He notes that existing elevations have been incorrectly located on survey noting that the higher elevations in the northwest comer were not Zoning File #1985 November 16, 1994 Page 2 recorded. His major concern is that the proposed drive would have a 15% grade down from the road which would not be acceptable. The grading plan should be modified to include existing street grade and to revise grades for access drive. Review Exhibits F and G, drainage from the north side of the residence will flow to the drainage way at the north side lot line. Drainage from the driveway and the remainder of the house at the south side will drain between house and septic sites. In order to protect the septic areas, the engineer asks that a swale be installed along the south side of the residence that would convey drinage to the east. Review Exhibit H, the elevations of the residence reveal no height problems. Height has been determined at the highest existing elevation. The application cannot be scheduled before the Council until applicant’s surveyor has submitted a revised grading plan for review and approval by the City Engineer. Issues for Consideration 1. Section 10.03, Subd. 21 was amended in the mid-80s. It was the City ’s intent to provide guidance to the building official as to what would be considered unusual land alterations involving filling, removals or grading activities proposed with the application for new residential construction. The guidelines have been defined in Section 10.03, Subd. 21(1" 3). The conditional use permit would provide adequate notice to adjacent residents where intense land alterations may cause disruptions in normal activities, damage access roads, etc. At your October meeting, you reviewed a conditional use permit for filling activities involving 450 cubic yards to be accumulated from soil corrective measures. The fill was used to create a rear walkout where existing elevations did not permit. Does the Planning Commission have any objection to properties being filled or cut to allow rear walkouts? Should homes be designed to fit existing elevations? 2. Are there other issues that should be addressed with this type of application? As already noted above, the staff cannot schedule the application before the Council until an amended grading and drainage plan has been submitted for the City Engineer s review. ^ \ (\ ^ O’ cm- OF ORONO - GENERAL LAND USE APPLICATION PROPERTY Cox Farn Road Site Address_______________,jbP- LAnd rtiteration ^7-U,-23 3TW Phone (home) Phone (work) 475-0918 City W;qYzata Zip 553 91 OWNER (if different than applicant) Name Address Phone (home) Phone (work) Zip. 1- TT fees - request with CUP application 5125.00 Residential Accessory Use ^ ^ 5200.00 Institutional (church, school, etc.) 5175.00 Guest House/Guest Apartments ^ S 150.00 Duplex Credit/Bldg ' 5250 00 Commercial/Industrial Use ■ Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 7j ot lakeshor PRD/PID - see Fee Schedule --------- $100.00 Renewal Fee (no change from ongmal applicauon) - After-the-Fact Fee - Double Current Applicauon Fee OTHER Sire Plan Review (+ consultant fees) 5250.00 Vacation 5175.00 Easement Vacation 5 75.00 Easement Vacation With Subdivision^ ^ 5300.00 Rezoning (PUD - refer to i.-*. schedule) _____ 5300.00 Comprehensive Plan Amen:'n.» V ____ _ 5100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property ^ Residential __Other (specify). (month/year) * V ^ V • •' (WA I r w'f u’MU'tvv _ w iw^li ^ • f^ » .4 U U » 7^ « ♦ v- *f '? •• •• 1 X w’%. Vb w V vvv •i ^ V V • V 4. w' V « V • <4 ' ♦ wfTilLri ii - r£^EIPT-':kh:^ri tJiJ v.'l J > * ■• • • • •ftp . • 4 W'. «4V XI mJm n*A required submittals Completed Application Form. Describe request in detail. ------Certified Property Owners List of owners within 350’ (you can obtain this list from ------ Hennepin County Department of Finance, A-603, Government Center, 348-3271). Plat Map. ------ Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. ------Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital satus) of all persons with an interest m 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 vou wish notified of this application. YOU ARE REOLTRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11 ” X 17 ” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been mcluded. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:__________________________------------------------------------------ 1. 2. 3. 4. 5. 6. 7. S. 9. 10. Tte appli^ pravide all information required or AdmMstraior, agrees to pay additional fees (staff time not covered by and/or unusual expenses incurred in review of this application, and cerufies that the mf supplied is true and correct io the best of his/^ knowl^ge. X Aprnn.nr'..i.namre ^ _Date f h ^ ' Bruce Bren, President The owner hereby acknowledges and agrees to this application and further entry onto the property by City staff, consultants, agents, commission members, and Counc members for purposes of investigation and verification of this request. Owner’s signature _Date Applicant must have all submittals into the City offices 25 days before the Planning Cotr^^ion Meeti^. CoLissicn Meetings are held on the third Monday of each month Appl-cants ^ be review meetings of the Planning Commission and Council. If an ^plicant is^a n„ndine & Zoning Office please make arrangements to have an authorized agent attend in your place and advis S of this change prior to the meeting. s ;s •0 rm 0^s '^wn I- ■•" •' --=i- ' 11^‘uU*^-**** " ■" ■““ f^iHiTT CNt; tvvi lym (^)f ’oi)i>-zt-1;'»> !i '!i:^ ttl^> «••« rt- ^««»M Y.-« A>-. !■«.. _ .. r_|------------------------- "•'"’^----"^j -7'//?'1»3 - 31 I “ ^ Tf ■ ■ **^m‘rn ! I # •« I'lri I * I OUTLO i » . (J-?) ■/?-/.'fK'(14) /o 7^- 3 I . I__ o^y 1 r*. 1 r't r« / 0^0 ^.4N »**r • V 'c> ‘0->);{j S^/^‘4'^r <•« ............ LMly'" 8 li /too \ o» § \f ^•»*t 7 r-M . «/•m i . \f //,:* ;i I L %, /J Vs -V V :■ • / (> V' a »=>• ---------r*j»______t ‘^“j^-'t;,.,:,..V7N,...;»«« >» v.is (13) (15) ^ • • « [V>? "rtoTiT • •• L_7- //^-c?-3 3 :a...... -■ ( 755-----------— vr . f —------A_______YS(___ I^IKlipiEKSKyp®.,.-. ;■ • 3> > K ^7' (•) (f^ CERTIFICATE OF MAILING e STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. CITY OF ORONO I, Jamie Bosma,of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1985, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 3rd day of November, 1994. ^ —-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Jamie Bosma v/ D Property owners list for Bruce Bren #1985 27-118-23 31 0012 Donald & Leslie Wilson 2140 Salem Ct Long Lake, MN 55356 27-118-23 31 0013 Ervin & Michelle Wachman Jr. 2135 Salem Ct Long Lake, MN 55356 27-118-23 31 0014 Daniel & Ruth McPherson 2145 6th Ave N Long Lake, MN 55356 27-118-23 31 0022 Fullerton Properties 608 2nd Ave S Minneapolis, MN 55402 27-118-23 32 0014/15/16 17/18/19 Fullerton Properties 608 2nd Ave S Minneapolis, M^■ 55402 27-118-23 33 0012 Fullerton Properties 608 2nd Ave S Minneapolis, MN 55402 27-118-23 33 0013 Leslie & James Hanson 930 Cox Farm Road Long Lake, MN 55356 27-118-23 33 0014/15 Fullerton Properties 608 2nd Ave S Minneapolis, MN 55402 27-118-23 34 0001 Lyle Cox 925 Brown Rd N Long Lake, MN 55356 27-118-23 34 0002 Thomas Lane 915 Brown Rd N Long Lake, MN 55356 27-118-23 34 0003 Geo Johnson 879 Brown Rd N Long Lake, MN 55356 27-118-23 34 0007 Scott fie Kathryn Anderson 2095 Salem Court Long Lake, MN 55356 27-118-23 34 0008 Robert fie Jane Beach 2055 Salem Court Long Lake, MN 55356 1/1 Bonestroo Rosene /Kndcrlik & Associates Engineers & Architects O to G aonettTOQ PE Hcjoen W 9oyer>e PE * Joseph C AryjenA PE Mjrvm L ixvaii PE Rchaflfl E Turr^ PE C-enn ff Cook, P£ Thomas E Nc?i^ PE «oOe^ G SchuTcM PE Sovm M Etjerm C P^ •Senor CornuU>nt November 15, 1994 Howa»0 A Sar»foitJ. PE ite*n ^ Gordon PE Bdoen R PE Rcrx»*d W Foster PE O Lmkoia P€ ffcoen C Russek, A l A je^ A BoofOon PE Mark A Mjnson PE Mcnw< T Rautrrvinn. PE Ted K FiekJ PE Tr»omas R Afviervsn AIA Oonak) C BurgarcJL PE Tnomjs A SyTko PE F»eorx J Stencxjrg- PE s’nae MarTrr»e7 PE McMaer P Rau. PE Agnes M Rmg AIC P Thomas \K ^*?eeioa PE M<hae< C Lynch PE lames R Maond. PE Jerry O PpftZSCM, PE Scon J Arganek. PE kenrseth P Anderson PE Mark R RoRv PE Mark A 5e<X PE Gary W Monen PE Pam J Ganrxjn AiA Dar'ie* J Ejgerron PE A R<k Scnmidi PE Phriio J Caswe<i PE Mam O UiMi PE Maes B Jernen. PE L Grj^ PE icaren L W^men PE Gary o KnsioftQ. PE Ke<n R vapfx PE Douglas J Benoc PE Shaken O Gu«afson PE Ceciko Ov«r PE Pam G Heuer PE lohn P Goroer. PE Chanes A ErKkson Leo M Pakkersky Hanan M Osoo James F EngeihaiO! Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 Crv'stal Bav, Minnesota 55323 » A ^ Re: Bruce Bren Homes File No. 139-1985 Dear Jeanne, We have reviewed the grading and drainage plan for the proposed house pad at Cos ^rmToaT^The son,Lest quarter of Section 27. The existing grades shown on the plan LeTncXleUSaccurate^'. They do not show the la^e hump near , e northwest corn, of the lot nor do they show the street elevations. We believe that ' ,1 , approxilnate elevation of 1002 at the driveway location. elevation of 996 at 40 feet from the street. If this is ronect the d ... wouio _ ^ •rade down from the ro d which is unacceptable. The grading plan shc.J he moditKd fncludere'slg street grades. Tne proposed grades for the drweway should be revised. The north side of the house pad drains naturally to an existing drainage ditch that leads to rhcke« Lke The east side of the pad drains naturally to the east. A portion of the ho^ paTmust drain alLg the two septic sites. We «u“'L'«.°-"relerW rS brexcavated between the pad and the septic sites to direct the drainage easterly around the septic sites. Please contact me at this office if you have any questions regarding this mattnr. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. JJL, Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 / S (H-y |Si^4i^w4- > p=-----“B --------♦—f l\^T ) L e -4 1 1 --r U-*1 / A ——f— ——----------”11—'T1 \ / ---------------^ • / / ——Ad^ ll I f-il—»r rd'Jrj-^ /VtiKl ^‘-60'‘ 90u. ./•>"•■« 'O' &.!—>=■ OM. __rvlJr i_|--------j— r _.i— W-. . / A. -r- » /O H - 2- ©ui B. ^ -r i/<d" - I - o" B I— B N/ T* I t //*/ MEETING REQUEST FOR COUNCIL ACTION ^lAN 9 1995 DATE: OUftfja ITEM NO.: jQ Department Approval: Name Michael P. Gaffron Title Asst. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: B-2 Zoning District Amendment Attachment Memo and Exhibits of 12/5/94 This item was tabled at your December meeting pending additional discussion. The existing language which was missing from "Subdivision 19. Reference to Other Ordinances" has been reinserted. The only other change since the 5/20/94 draft is the 9/9/94 CUP boilerplate language in Subdivision 7. At your December meeting, brief discussion occurred regarding whether Subdivisions 18 and 19, referring to LMCD or other ordinances, should be updated as proposed, or merely deleted. Further, City Attorney Tom Barrett has recommended elimination of portions of the non- conforming use section. Subdivision 15. Councilmembers also questioned the addition of specific accessory and c mditional uses. COUNCIL ACTION REQUESTED: Direct staff how to proceed with the B-2 amendment. Options include: Direct staff to make specific revisions and prepare ordinance for adoption. Table for further discussion at a future Council meeting or work session. Other. section 10.41 (DRAFT, - SUMMARY OF SUBDIVISION HEADINGS Subd. 1 Subd. 2 Subd. 3 Subd. 4 Subd. 5 Subd. 6 Subd. 7 Subd. 8 Subd. 9 Subd. 10 Subd. 11 Subd. 12 Subd. 13 Subd. 14 Subd. 15 Subd. 16 Subd. 17 Subd. 18 Subd. 19 ** <3 ■ /7 I>urpose. Dcfuiitions. License Required. Application. Permitted Uses. Accessory Uses. Conditional Uses. Parking Requirements. Yards. Landscaping Areas. j j. Additional Performance Standards. Area Height. Lot Width and Yard Requirements. ^ Setback. Hardcover and Tn Drainage. Non-Conforming Use. Variances. . Variances for Required Landscaping Areas. Regulation of Structures Within the Uke. Reference to Other Ordinance. Removal Regulations Proposed Amendment to Municipal Code SEC. 10.41. B-2 LAKESHORE BUSINESS DISTRICT. Subd. 1. Purpose. The "B-2" Lakeshore Business Cemn>efOHri District was originally intended to provide areas where limited commercial businesses could be located to service boats used for recreational purposes on Lake Minnetonka. However, many of the operators of the lakeshore comru.rcial businesses have stripped the trees and vegetation from the shorelands and have expanded the operations so that now the "B-2" Lakeshore Business Commerctat Districts adversely affect the lake water quality and the real estate values of adjoining properties. The purpose of this Chapter is to provide for additional reasonable regulations of these businesses in a manner that require ponial restoration of the shoreland v egetation; that will serv e to avoid pollution of the lake water and-te insure protection of adjacent residential propenies which have previously suffered from the unregulated expansion of commercial activities, while protecting and enhancing. the_qualitY_ot’ the lake and shoreland environment. Subd. 2. Definitions. A. "Marina Business" means engaein2 in one or more of the permitted., accessory or conditional uses allowed within the B-2 Lakeshore Business PistpeU Subd. 3. License Required. Each marina business within the "B-2" Lakeshore Business District shall obtain an annual marina business license per the provisions of the Oropg Municipal Code. Subdr^T Subd. 4. Application. All applications for a building permit in any withip the "B-2" Lakeshore Commercial Business District shall be reviewed by the Council and may be referreci to the Planning Commission and/or a specially appointed Lake Use Committee for review. Subd.-^ Subd. 5. Permitted Uses. Within the "B-2" Lakeshore Business District, no land or structure shall be used except for one or more of the following uses; A. Repairs. Repair and servicing of bootsr Rental of in-water boat slips, B. Storage^—Winter storage of boats. Sales of boats, motors, trailers and, marine accessories. C. Sales, etc. Sale and rental of boats, motors, fishing equipment and sale of fuel, boats, boat supplier., bait and marine item&r Repair and servicing of boats.. D. On-land storage of boats, winter and summer. 1 E. Marine fuel sales. F. Bait and fishing tackle sales 9y Suhd. 6. Accessory Uses. Within anv "B-2" Lake^hore Business District, the following uses shall be permitted accessory uses: A. Signs. Signs as regulated in this chapter. B. Boat head oumpout/ sanitary beat waste dumping facility. n. Fishing tournaments. D Sale of pre-packaged foods or food from vending maebines. Prepackaged food includes only fotMl which has been professionally prepared at a location other than on jhe premises and does not include "fall-course meals" or anv food preparation other than warming_bv use of an infra-red or micro-wave oven. Sale of food from vending machines is allowed. E. Dive shops. F. Clubhouse rassemblv/lounge/kitchenette area for use by slip rental or "boat club" customers only). G. Lessons/teaching (sailing schools, etc.). H. Rental of boats. I. One caretaker dwelling unit. J. Sailboard sales/rental. K. Ice boating sales/rental/service and operations base. L. Ice fishing tackle sales. M. Cross-country ski sales/rental/service. Subd. 4t Subd. 7. Conditional Uses. No conditional use permit shall be granted unless the property is found to be in compliance with the landscaping and screening requirements of this Section. yWittii.i any "B-2" Lakeshore Business District, no structure or land shall be used for the followln^uses except by conditional use permit: A. Sal e of cigarettes. Boat Clubs (time share). Annlicant shal l demonstrate that adequate pack ing is a vailable on the site. |U g\CCCf AevwCg.. to >4^ 4^. SgCTTo^O 10,0^ pfCT'MtS B. Sale of 3.2 beer or sale of "set up»^^-(Subject to ticensing-by-Council.) Public boat launching. On-Demand (On-demand launching of customer-owned boats stored on the business site). Applicant shall demonstrate that adequate parking is available on the site. ApprovalOlijinCjj MiCy. Mian uwmvMlJiiatw viim . c*vtw>Mv**-**-^ —Sii shall be subject to LMCD permit for such use, but Citv shall not be obligated to approve such use if approved bv LMCD when parking is inadequate^ C. Sal e of prepackag ed food or food from v ending moeh tnes. Prepacka ged food includes only food which haa been professionally prepare d at a location oth er than-o a the premtst-..-a«d doei not include-"full courso meals ' or any food preparation oth er than warming by use of un inffa red of HtKFo wav e ov en:—Sal e of food from v ending machin es is allow edr Public Boat Launching. Transient. (Launching of boats via a ramp or other means for or bv customers when such boats are not stored on the site). Applica nt shall demonstrate that adequate_car-trailer parking is available on the site. Hours of operation shall be at Council discretion. D Chaner boat port of call. A charter boat port of call shall be defined as a location where a charter boat mav nick up passengers other than the owner or operator or employees of the chaner boat, whether or not the chaner boat is normally benhed on the property. The Citv mav place appropriate conditions on a charter boat port of call regarding minimum parking requirements, hours of operation, etc, as mav be appropriate to protect public interest Applicant shall demonstrate to Council that all such conditions are met. n. Lake/Lake Stmcnire Maintenance Operations Base, (includes but not limited to dredging, weed cutting, zebra mussel control, dock and boat lift installation, riptrappin.tl and seawall cimstructionb Council mav limit the operation at its discretion. F. Snowmobile sales and service. Snowmobile rentals shall not be a llowed. Use of th j property as a base of operation for snowmoHling shall not be al lowed. Applicant shall demonstrate that adequate parking is available on the ‘-ite. Subd. Sr Subd. 8. Parking Requirements. Within the "B-2" Lakeshore Business District the off-street parking facilities shall be sufficient to elLninate any traffic or parking congestion likely to be caused by the business conducted. The parking areas may need not be paved , hut shall be provided with appropriate stormwater runofi Qualitv/quantitv controls as may he required in this chapter. The minimum parking requirements shall be as follows: A. Six parking spaces shill be provided for each ten boat slips on water or on land. B. At least eight off-stn'et parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 feet, including warehousing, and all outside sales and storage areas rwlated to the sales and service functions. C. If the proposed use is to include the launching of boats owned oy the public for the day from trailers (i.e. Public Boat Launching. Transient), ten additional auto-traiier parking spaces shall be provided for each ramp.f D. If the proposed use is to include a charter boat port of call, one additional parking space for each 3 seats of gross charter capacity shall be provided, or a plan for off-site parking and shuttle service shall be provided to the City subject to Council approval. ^ The required parking spaces may not be separated by a public roadway from the dock, a storage space, mooring space, floor space, or ramp they are designed to serve. El Required off-street parking space may not be utilized for open storage of goods or for the storage of boats, except that from Oct^r 1 to May 1 during the winter storage season each year, the required off-street parking may be used for winter storage of boats provided that 20% of the required parking spaces remain as a functional parking area. During the transition seasons (Anril 15 to Mav 31 and September l6 to November 15), adequate parking shall be maintained on the site, sufficient to eliminate traffic or narking congestion, but in no case shall parking be reduced to less than 20% ot the required spaces. Ft ^ Parking may not be allowed in any required yard or landscaping area. H. Employee > irking spaces shall be in addition to the parking spaces required above. The number of employee narking spaces shall be designated on a n official parking plan to be kent on file with the City. Subd. &T 9. Yards. The minimum required yard areas for the district shall be landscaped and planted with evergreen and deciduous shrubs and trees in accordance with a detailed landscape plan. Storage of boats, vehicles, equipment and materials shall not be allowed within any required yard. Subd. ?T la Landscaping Areas. In addition to the landscaping required in the required yard areas for the district, the following landscaping areas shall be landscaped in accordance with the following provisions: A. The mirimum landscaping areas shall be as follows: 1. The lakeshore landscaping area shall be an area that is parallel to the entire lakeshore adjacent to the licensed marina operation and equal to 10% of the average lot depth, but in no case shall it be less than 10 feet nor more than 75 feet. Breaks in the landscaping area for access to the lake shall not exceed an aggregate width of 30 feet for each marina operation. 2. Side yard landscaping area shall be an area that is parallel to the side lot line and not within the lakeshore landscaping area or front yard landscaping area and shall not be less than 10 feet deep. ®M I? F 3. Front yard landscaping area shall be an area that is parallel to the street or opposite the lakeshore landscaping area and shall not be less than 10 feet deep. Breaks in the landscaping area for access to the public road shall not exceed an aggregate width of 50 feet for each marina operation. B. The detailed landscape plan for each landscaping area shall provide for a natural woods area containing primarily evergreen and deciduous trees not less than six feet in height. Shrubs not less than two feet in height shall be interdispersed among the trees so as to eventually provide, at maturity, a natural screen that will not be less than 50% opaque during the summer months. No uses shall be allowed in the landscaping area except the required landscaping and access roads. A privaev fence may be required in addition to the natural landscaping which has been planted to meet the requirements ot this district. The use of any fencing shall not satisfy the requirements of providing natural landscaping and solid visual screening. Any yard area requiring landscaping to meet the requirements of this district shall be planted with nursery stock, balled and bagged trees and shrubs. All landscaping shall be maintained in a healthy growing condition. C. All the required improvements in the landscaping will be completed prior to the date of issuance of an occupancy cenificate or as otherwise provided by this Chapter, whichever date occurs first. D. All landscape areas shall be sufficiently delineated bv berming. curbing, or other acceptable physical barrier so as to eliminate the encroachment of vehicle parking, winter and summer boat storage, and other materials or equipment storage into the required landscape areas. E. All eroundcover in the required landscaping areas shall be natural living materials, such as grass or other planted eroundcover. Decorative rockbeds and the like, whether or not lined with nlastio fabric or other weed inhibitors, shall constimte no more than 10% of the required landscape areas. Subd. Sr IL Additional Performance Standards. Within the "B-2" Lakeshore Business District any land use must meet the following performance standards: A. Suitable sanitary facilities connected to public sanitary sewer or to a privat e on site sewage disposal system which complies with all applicable City Code provisi ons' and other agency regulations shall be provided on the premises for men and women, and further, suitable facilities shall be provided for the disposal of wastes accumulated in boats docked or serviced at the marina, including head pumpout facilities and a designated porta-pottv' dump station.. B. Insofar as practicable, all means of access to the operation from any street shall be so located and designed as to avoid the routing of vehicles from the property over stree^ that primarily serve abutting residential areas. All access roads from the operation to any public paved roadway shall be paved for a distance of at least thirty feet adjacent to the public roadway s*zo-‘>*y 10 minimize dust and noise conditions. All access roads from the operation to any unpaved public roadway shall be treated to minimize dust conditions at least to the extent the unpaved public roadway is dust controlled. C. The All lighting on the premises shall be shielded so that no direct glare can be seen from adjoining residences, from the lake or from the roadway. D The hours for running engines or operating any boat engine for the purpose of charging batteries, running auxiliary equipment or testing shall be between the hours of 8:00 A.M. and 6:00 P.M. Noise shall be limited per the provisions of the Zoning Chapter^ E. The maximum hours of operation shall be 7:00 A.M. to 10:00 P.M. , for retail sales and service functions, except as necessary to support normal fishing activity or private use of the boats stored on the premises, unless other permission is specifically granted by the Council. F Persons in charge shall at all times keep the docks, sea walls, and premises in a neac and orderly manner and free from trash, rabbish. repair pans, machinery, equipment and debris of all kinds. G Persons in charge shall prohibit the dumping or throwing of garbage, paper, bottles, cans, refuse or debris into waterway. Persons in charge of mooring area shall provide garbage cans of sufficient size to hold garbage or refuse to be collected. Dumpsters shall be screened so as to not be visible off-site.. H. No commercial docks or boat buoys shall extend further into the waters of any lake than is reasonably necessary to accommodate the docking and mooring of such craft ^ shall customarily and lawfully be used on the lake or so as to interfere with, obstruct, or tend to obstruct, or render dangerous for use or passage a body of water witlun of the City The length of docks and location of buoys shall be regulated by the City C^e. All such commercial docks and wharves shall be constructed and maintained of such materials and of such type of construction as will not render them unsafe or likely to endanger public enjoyment of the waters. The use of non-encased exnanded-bead polystyrene foam as a dock flotation nja eri_ has been nrobihited elsewhere in the municipal code. Commercial docks shall be maintamed in a neat and orderly manner at all times. I. If outside on-land boat slip (land) storage facilities are provided, the boats shall be stored in such manner that they do not create a fire hazard. Any outside structures or " of storage of boats may not exceed 15 feet in height. QnJmid ^_boat storage areas may not be located in the required yards or landscaping areas. i\ny gasoline offeicd for sale on the premises shall bo placed in tanks or containcrG as may be required by the Council, andjiu^ tanlcG or containcro shall be stored underground o7DUch diotance from the storage facilitieG to create a danger to the communityr The premises shall at all times be maintained in a neat and orderly manner. m J. Any gasoline offered for sale or stored on the premises shall be placed in tanks or containers as mav be required bv the Council, and as required in MuniciD_al_Code Section 9.34. Such tanks or containers shall be stored in such a manner and location so as not to create a danger to the community. K. On-land boat density. 1 Summer boat density. The number of boats stored on the premises for any and all reasons shall not exceed that number which can be safely stored in allowable locations while maintaining anprooriate ingress, egress and emergency access to the site, as well.as maintaining the required number of acceptable parking spaces. Boats shall not be stored in required auto parking spaces during the summer months (June 1 thru September 15). 2. Winter boat densitv/storage. The number of boats stored on the premises for anv and all reasons during the winter season (November 16 thru April 14) shall not exceed that number which can be safely stored in allowable locations while maintaining ingresSy egress and emergency access to the site, as well as maintaining the rec^uired—number of wint^ parking spaces. 3. A site plan designating the location of summer and winter boat storage shall be submitted for Council approval no later than three months after adoption of this section and shall require Council approval for anv future revisions. Subd.-9r H, Area. Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height. B. The following minimum requirements shall be observed: 1. Lot Area - 2 acres. 2. Lot Width Parallel to Lake - 200 feet. 3. Lot Width Perpendicular to Lakeshore - 200 feet. 4. Lakeshore Yard - 75 feet. 5. Side Yard - 10 feet. 6. Front Yard Along Street - 30 feet. Subd. lOr 13^ Setback, Hardcover and Tree Removal Regulations. All propgrty in the B-2 Lakeshore Business District is subject to the requirements of Municipal Zoning Code Section 10.56. Shoreland Management. In addition, the following standards shall apply: shall be 75 feet. A. Lakeshore Setback Regulations. The building setback from the shoreline I I fii B. Setback to Residential. No operation or activities except for storage and parking may be conducted closer than 50 feet to the boundary of an adjoining propern' line which property is used for residential purposes. C. Setback Along Streets. No operation or activities except for storage and parking may be conducted closer than 50 feet to the right-of-way of any existing street, road or highway. D. Lakeshore Hardcover Regulations. Within 75 feet of the shoreline there shall be no excavating, filling, hardcover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hardcover. Within 250 to 500 feet of the shoreline there shall be no greater than .)0% hardcover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 35% hardcover. E. Tree Removal Regulations. No trees within 75 feet of the shoreline with the diameter of six inches or more shall be removed without first obtaining a permit from the Council. Tree removal and other vegetation management shall be in accordance with the provisions of Municipal Zonine Cod.' Section 10.56. Subd. Hr lA Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion, or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant any time a new use is applied for, whether throueh subdivision, vnriance. conditional use permit or building permit.—Such plans shall be provided in such detail as required by the Council and those plans shall be reviewed by the City Engineer before submission to the Planning Commission and Council for approval. Such stormwater runoff may be required to be properly channeled into a natural water course, ponding area, storm drain or other public facilities. Construction of facilities to manage the quantity and quality ..of stormwater runoff mav be required. Any change in grade affecting water runoff whether onto adjacent property or otherwise, must be in compliance with the Surface Water Management Plan* .Shoreland Management Regulations. Flood Plain Management Regulations, and shall be consistent with other applicable regulations or Cit>- Code provisions, and is further subject to the approval of other agencies having jurisdiction over the area affected by the drainage. Subd. 13t iL Non-Conforming Use. Notwithstanding any other provision of this Chapter, any non-conforming use of land not involving a structure and any non-conforming use involving a structure with an assessor’s fair market value on January 1, 1975, of $3,000.00 shall be allowed to continue as a non-conforming use subject to the provisions as set forth in Section 10.03^ . except that the provisions of this Chapter relating to the elimination of non-conforming use of boat slips, boat buoys, or overall length of docks, their location, construction, and maintenance and boat mooring areas, shall supersede any other non-conforming use provisions of the City Code. ^ >6 ^ \/s <A. Elimination of Non-Conforming Use of Boat Slips, Boat Buoys or Overall Length of Docks. Any marina operator who increases the number of boat slips, boat buoys or overall length of docks beyond what he was previously licensed for by the City, which increases are 8 HMJ I fVV ' authorized by ordinances of the Lake Minnetonka Conservation District, shall first decrease an equivalent number of boat slips or boat buoys and eliminate an equivalent length of dock from that portion of his dock that is non-conforming under the terms of Ordinanc e No. 1 Chapter II of the Lake Minnetonka Conservation District Code of Ordinances until the dock conforms in length to the L Lake Minnetonka Conservation District’s Ordinances. Subd. Variances. Variances may be granted to the provisions of this Chapter in accordance with the provisions set forth in Section 10.08. Subd. 14r iL Variances For Required Landscaping Areas. The Council may grant a variance allrt'>’ing a four year installation and planting period to meet the requirements of the landscaping and planting provisions hereof, to any applicant who: A. Otherw ise meets all of the provisions of this Chapt er. A^ Submits a detailed landscape plan showing sufficient planting and landscaping in each of the four years in order to provide at the end of the four years a natural screen that will not be less than 50% opaque during the summer months and not less than 25 % opaque in winter. Gt Submits four year planting and landscaping plan which shall provide that in each year of the plan, at least 25% of the necessary landscaping and planting (as determined by the Council as of April 15. 1975 October 1. 1994) be planned , bonded and completed for each required landscaping area according to the other provisions of this Chapter. The Council may vary this requirement in order to allow a higher percentage of the landscaping and planting in any required landscaping area and credit the applicant for the landscaping and planting which otherwise would be required in other landscaping areas. Subd. 18^ Regulations Relating to Location, Construction, Installation and Maint enanc e of - Docks, Boat Mooring Area s and Other Fixed or Pleating Structures and Objects on Lak es- ■ Regulation of Structures Within the Lake. Adoption by Reference. The City hereby adopts by reference and makes a part of this Chapter as if fully set forth herein, the following: Ordinanc e No. 1 of the Lak e Minnetonka Cons ervation District as adopt ed on -January 28 , 1970; Amendment to Ordinanc e No. 1 as adopt ed on May 1970 by the Lak e Minnetonka Cons ervation District; Amendment No.- -2 to - Ordinance No. 1 as adopted on April 28 , 1971, by the Lokc Minnetonko Cons ervation Distriefr Chapter II of the LMCD Code as codified on Mav 27. 1988 including sections 2.001 through 2.12 and subsequent amendments. The City expressly reserves the right to deny any variance to the provisions of Ordinanc e No.-l Chapter II as amended, even though the same variance was granted by the Lake Minnetonka Conservation District. Subd. 19^ Reference to Other Ordinances. Section s 10.4 0 through 10.'1*1 or e 10.41 is expressly conditioned upon the effectiveness of the Ordinances of the Lake Minnetonka Conservation Depi^ent pertaining to marina regulations and if all or a portion of such Ordinances are declared invalid by a court of competent jurisdiction, no marina shall have a longer dock, more 1 Ill IF, t boat slips or more boat buoys than what was permitted by the terms of that ordinance on the date it was declared invalid, or than was last approved by the Lake Minnetonka Conservation District, whichever is less. The City expressly reserves the power to be more restrictive in its regulation than the Lake Minnetonka Conservation District Ordinances if the public health, safety and welfare of the citizens of Orono so requires. REQUEST FOR COUNCIL ACTION DATE; December 5, 1994 ITEM NO.: Department Approval: Name Michael P. Gaffron Title Assistant Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: B-2 Zoning District Amendment Attachments: Memos and Exhibits of 11-23-94 and 9-8-94 Synopsis: The major changes proposed to the B-2 code are in 5 areas - • ’Slip rental ’ added to list of Permitted Uses. • Accessory Uses section added, including some which currently occur at marinas, some not... • List of allowable Conditional Uses revised to reflect existing uses as well as potential new uses. • Conditions CUP approval on landscaping compliance, parking adequacy, etc. • Minor revisions in the following areas: Parking requirements. - Stormwater controls. Landscaping requirements. * Reference to LMCD Code. On-land boat density limitations. - General performance standards. The proposed lists of "uses" are summarized as fellows: Permitted N • Slip Rental P • Boat/Equipment Sales P • Boat Repair/Service P • Boat Storage P • Marine Fuel Sales P o Bait & Tackle Sales Accessory' N • Signs N • Pumpout N • Fishing Tournament C • Pre-packaged Food N o Dive Shops N • Clubhouse N ? Lessons/Teaching P • Boat Rental N • Caretaker Dwelling Unit N Sailboard Sales/Rcntal N o Ice Boating Sales/Rental P o Ice Fishing Tackle N o X-C Ski Sales/Rental/Service Conditional Boat Clubs On-demand Launching Transient Launching Charter Boat Port-of-Call Lake/Lake Maintenance Operations Base N o Snowmobile Sales & Service N • N • N • N • N o KEY: • Uses currently occurring at one or more Orono marinas o Uses not known to be currently occurring Status in current code: P - Permitted Use C - Conditional Use N - Not addressed in current code Additional Information: City Attorney Tom Barrett has suggested eliminating a ponion of the non-conforming use section (Subd. Ji). This section, in place since 1975, relates to expansion of number of slips and buoys, and length cf docks. It basically states that if a marina adds slips or dock length in excess of what City previously has licensed, equivalent removals must occur of portions of existing docks that are non- conforming. Staff agrees this wording needs to be either updated to reflect current LMCD codes, or dropped. COUNCIL ACTION REQUESTED: Direct staff how to proceed with the B-2 Amendment. request for council action DATE: November 23. 1994 ITEM NO ■' 8 Department Approval: Name Michael P. Gaffron Title Assistant Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: B-2 Zoning District Amendment The Mayor has requested this be placed on your agenda for discussion. Planning Commission and Council met in a work session on October 6 in regards to the proposed B-2 Amendment. No formal direction was given at that time. A copy of the September 8 memo and exhibits is attached for Council s review. COUNCIL ACTION REQUESTED: Direct staff how to proceed with the B-2 Amendment, < bF request for council action DATE: September 8, 1994 ITEM NO.: Departraeni Approval: Name Michael P. Gaffron Title Asst, pi-inning & Zoning Administrator Agenda Section: Zoning Item Description: B-2 Zoning District Amendment T i«;t of Exhibits A - Proposed Amendment B - Staff Memo 5/31/94 C - Kevin Staunton Memo 7/22/94 Rnckyround Regulation of Operation (Usesl The proposed ordinance revisions »rate a should be property. Planning Commission concluded that the landscaping requirements. Planning Conunission reviewed the P™P-d or«^^^^ a" addresses enforceability of the dow^ in P“‘ “ better reflated by „id, requirements to make physical changes to the r“per' aTd" Ucenses when d«t did no. occur, but hddng no legal acton nor imposing sanctions for noncompliance. I Request for Council Action continued page 2 of 2 September 8, 1994 B-2 Zoning District Amendment Regulation of Physical Aspects (Hardcover, Landscaping) Perhaps a reasonable approach to gaining physical changes to the marinas would include the following: Council to determine what general changes th-;y would like to see in the physical aspect of all marinas. Allow staff to then work with each marina to devise a plan and schedule for bringing each marina into an acceptable degree of compliance over time. Bring this back to Council for approval. Formalize an agreement with each marina, establishing schedules and sanctions for noncompliance. Such a program would perhaps avoid the "taking" issues raised by Staunton, would allow the City to reestablish a base line and set of goals for each marina that, when complied with, both the marinas and the City will have reached an acceptable comfort level. Options for Action Noting that the Planning Commission has held the required formal public hearings for this amendment. Council could direct staff to make any minor changes you want and place it on your agenda for formal ordinance adoption at your next meeting. If Council wishes further Planning Commission input regarding the reasoning behind the proposed amendment, a work session with Planning Commission could be held. ^ If Council feels there are specific physical changes to the marinas which Council feels need to be dressed as a high priority, then hold a work session with staff to identify those issues and their relative priorities. Other. TQ. Plannin g Commission MembersFROM: Michael P. Gaffron, Asst. Planning & Zoning AdministratorDATE: May 31, 1994SUBJECT: Section 10.41. B-2 Lakeshore Business District - Proposed Amendment :al List of Exhibits A - Proposed Amendment B - 1993-1994 Documentation PacV::t Background aSte ”! X?a^l96t ^n^s^d^rds " u™ ":tS" f9"e°crdet";i;''cu"^^^ revisions. Bv 1985 the City realized that certain force compliance with reasonably enforceable for marm o iictuses The City then attempted to mLS^s. After two years of in the B-2 District. This met wi g which lake levels dropped dramatically and discussion followed by a three CounciUppointed a Lake Use Committee in 1991 marina activity was highly reduced, *e Ci y j^oreland requirements, and for review of lake use issues. Their Purina 199'’ the Lake Use Comminee met regularly B-2 District discussions were “discussions led to City Council fdoS” e" ^ “ Planning Commission for their consideration. Review Process The attached proposed amendment to Orono^Pl^i^g Commission to review represents the culmination of a nme mon discussions including joint meetings with the and update the B-2 Ordinance. se^es of work sessions during January Memo - Section 10.41 May 31, 1994 Page 2 seven marina operations were represented at one ot mote meetings, and were given ample opportunity to provide input. Exhibit B is a compUation of all staff memos and meeting minutes related to the B-2 amendment over the last eighteen months. Included ate copies of work session meetmg notices and copy of the mailing list used. The June 6th public hearing notice has been published in the appropriate newspape^ a^ tte notice and copy of the proposed ordinance amendments has been mailed to all property owners on the B-2 mailing list. Proposed Revisions Following is a brief review of each of the proposed revisions: Subdivision 1^^ •Business" rather than "Commercial" District is proposed for consistency. The purpose statement is broadened and generalized by minor wording revisions. Subdivision 2^n Business" is added to be consistent with the license provisions, of Municipal Code Chapter 5.43. ^^^^e^requkement that each marina business within the B-2 Lakeshore Busmess District obtain an annual license again is consistent with the provisions of Chapter 5.43. Sub^visio^4nt requires aU building permit applications in the B-2 District to be reviewed by the Council. The additional language allows Committee as well as to the Planning Commission, and provides a code basis for the existence of a Lake Use Comminee. ^^^TOs sectfon reorganizes the "permitted uses" within the B-2 District. "Storage of boats" is e.xpanded to address both winter and summer storage on land. nerhaos "Rental of in-water boat slips" is added as a permitted use. While this use Per^PS the primary activity of six of Orono ’s seven marinas, such use has in the past w be a non-confoming use. The majority of the Planning Commission ^ . should be a permined use. concluding that LMCD ordinances and expansion (sL Subdivisions 15. 18 and 19) would provide sufficient controls to allow slip . to become a permitted use. Memo - Section 10.41 May 31, 1994 Page 3 • Subdivision 6 „ «« r, • u t 3£Qtir>n adds a long list of allowable accessory uses . The B-2 Zone is the only commercial or residential zone in Orono with no code allowance for accessory uses. The planning Commission reviewed each proposed accessory use in the context that it must be subsidiary to a pennined use. No accessory use can exist unless a permitted use exists on the property One of the Planning Commission ’s primary concerns was that reasonable accessory uses be allowed, and per the format of Orono ’s zoning code, uses not listed are not allowed This resulted in a fairlv long list of accessory uses which are relatively specific m scope. It also resulted in careful review of those uses which should be conditiona l rather than accessory. • Subdivision 7 , , . j i u- This section adds a list of conditional uses, including boat clubs, on-demand launching, transient launchmg, chatter boat port-of-call, lake/Iake smicture maintenance base, and snowmobile sales/service. Planning Commission found that each of these uses may be a le<7itimate and reasonable activity at a marina within the B-2 Zone under certain circumstmces, the common concern being adequate parking on the site. Note that all listed conditional uses are proposed to be allowed only for marinas that are in compliance >vith the landscaping and screening requirements. ... i j - Boat clubs were recognized as an alternative to individual boat ownership that would expand the usage of a given boat with potential for increasing the percentage of boats in use at the peak times. A limit on the percentage of boats at a given marina allowed for boat club use was considered but not recommended. - On-demand launchmg of customer owned boats stored on the business site requmes not only customer parking but boat/trailer storage space. It is perhaps LMCD will require licensing of non-rack storage space for such use, although LM does currently license rack spaces for on-demand launching. Again, absent an intent by the City to further regulate numbers of boats on the lake, site congestion and provision of adequate parking are the main concerns. n ^ - Public transient boat launching via a ramp has historically been addressed m the B-2 parking requirements (Subd. 8) but was never listed as a permitted or conditional use. Adequate parking is the main concern, and Planning Commission suggests that Council be able to control the hours of operation. - Use of a site for a chaner boat port-of-call relies on adequate parking primarily, but may also have negative impacts on neighboring property owners. The proposed wording allows the Citv to place appropriate conditions on this use to protect the public «»i«est. - Planning Commission acknowledged that a lake/lake strucmre mamtenance operatic^ base mav be a "necessary evil", providing a location for the less lake maintenance activities to occur. The wording allows Council to lumt such operations at Council ’s discretion. . AUowmg snowmobile sales and service as a conditional use was the object of considerable discussion by the Planning Commission and some marina operators. Memo - Section 10.41 May 31. 1994 Page 4 rur"a:^asasa.^ofo^ it :o,l b«r fnd c" b«„ eluninatcd from .he lis. of allowed condi.ional ■ ^es Sale'of prepackaged food becomes an accessory use. • Subdivision 8 „»rHna ireas "need not be paved", but must have Planning Commission recommen P = existing narking standards were found storm water controls as required by the ^ packing space for each three seats marinas some degree ot Mrkin ‘^ be desi ‘^nated in addition to required parking, at at least one marina site. is not allowed in any required yar . os of this section may have a serious impact ::: :rmX°^t7pr "r ^mem -ds - - have not been formally approved for required yard variances. • Subdivision 10 nhv«;ical barrier to encroach landscaping areas, which hdp eto^te•c!?rrr "sssr-—"» • Subdivision 11 cinre all of the B-2 district is now sewered. . Item A omiB “ “f„'Longir.ccommendcd me language to require not onlyThe Plannmg Commission also strongly ^ S rrXg^"; llem G is revised to require mat dumpsters be screened. Memo - Section 10.41 May 31, 1994 Page 5 Item H is a notation that styrofoam dock flotation has been prohibited. Iiem I separates gasoline storage language from dry stack retirements. Item K h intended to set reasonable limits on summer and wmter on-land boat density, bv teouirino development of a site plan for boat storage while mamta^g appropnate Stress e-ress emergencv access to this site whUe mamtaimng adequate parkmg. Sent to the propofed wording is that the marina operator will deal with =>n envel^e l^er than a spLific number of allowed boats, since regulatmg boats by number rather than location has generally not been effective m the past. * ^““here no proposed changes to area, height, lot width and yard requiretnems since ,, mJccinn rhn<;e to not reduce the standards for existing mannas. After much P annmg concluded that the variance method for marina upgrades has standards. • Subdivision 13 This section merelv adds references to the Shoreland Management code requirements. . SubtovisiOT 14^ requiring site and drainage plans upon any application re“ns to those codes with which changes in grade must be in compliance. • Sub^ision 15 reference to LMCD Ordinances regarding regulation of Chapt«‘llT"rtMOT :tdr'«g°Co"or^orer^'t rXeL to UMCD's code, the City would have no ordinance regulatmg docks. • secL, toe current pp”cm1 S^afatreeVratu -all of the provisions of ttos the esisttog marinas have ever met all of toe provis.ons o ch^ ”• ^ some to proposed to be dropped. The deuUed landscape plan winter screening which was not m toe P”™“! j, ,1,5 rnarinas is eliminated. 1 1994. Also, the bonding requirement for landscaping plans I 1, I Memo - Section 10.41 May 31, 1994 Page 6 code section m the p . indicated that incentives should be given further “ cases. update the reference to the LMCD codes. • Subdivision 19 references to the B-1 through B-5 zoning districts, andss " .i„«,.« u ~ dealing with marinas. Staff Recommendation ^ • • ic remie<;ted to revicw the draft amendment, e.xcept public comment at toc%chTbnrh«n„rand make a reccmmenda.ion .0 Council regarding adop.ion of .he proposed amendment. r pnPWAM HATK memor andum 3300 Piper Jaffiay Tower 222 South Ninth Street Minoeapolu, Minnesota (612) j 33-«00 TO: FROM: RE: DATE: Mike Gaffron City of Orono Kevin Staunton \\J^ Proposed Amendments to Zoning Code Section 10.41 ^ . B-2 Lakeshore Business District Standards - Enforceability Quesuons July 22. 1994 Atuched please find . revised version of my Inly 17. 1994 memor^duin to you «earding“ e above-referenced maner. I have sUghUy revised my desmpuon of ^ ^ S^fvSlable to the City in bringing non-conforming uses mto conformity with new regulations in an effort to make it less confusing. Please feel free to contact me if you have any questions. cc:TJBarrett 2I9/220519727/22>94 JUU 2 5 WS'l cnv OF ORONO POPHAM HATK MEMORANDUM 3300 Piper Jafflay Tower 222 South Nioih Street Minn^pnlic, Minngsnta SS402 (612) 333-4800 TO:Mike Gaffron City of Orono FROM: RE: Kevin Staunton Proposed Amendments to Zoning Code Section 10.41 B-2 Lakeshore Business District Standards - Enforceability (Questions DATE: July 17, 1994 (Revised July 22. 1994) I am writing in response to your memo to Tom Barrett regarding the above-referenced matter. Your memo expresses concern regarding the 1 ;Len7to YOU have s^t our advice about how to best accomplish the changes proposed. enforceability The first issue raised by your memo is the City’s ability to enforce ^y of the dirges being contemplated. Specifically, you are concerned about the abiUty to ^ these amendments against marinas that have been operating for ^ manner that would be contrary to the new amendments. As a general matter, the City is frw to enforce the new amendments even on marinas that have been Qe^y) lime in a manner that would be contrary to the new amendments. The red iss«ie ^ how the City may treat preexisting nonconforming uses that were lawful prior to a op amendments. Preeusting non-conforming uses Ihat were lawful prior to the f regulations tendering them unlawful may be treated in one of three _ be allowed to remain or continue. Under this option, the property owne rhansed continue the nonconforming use of the property indefiniteiy so long “ espanded, or intensified. The theory behind this opuon js to gra^duallv be eliminated through normal wear and tear, obsolescence, or desmictton by tire. 219/2203J413 7/22/94 r the elemenis. or natural disaster.* Second, the use may be eliminated by requiring lawfully rre-existins nonconforming uses to immediately come into compliance with the new D^od of time elapses. The prescribed period of time under such a mecha^m must be Efficient to allow the property owner to recoup his or her investment m the nonconforming use. As mentioned above, the City may force a particular property owner with a pTOsisung t.,wful use of his or her property to comply with the new tegulaUons. The qu«uon then becomes whether that property owner can come into compUance and s^ be able to use e orwrty in the way it was being used prior to the City’s adopUon of the amentoents For his^M an existing marina may have so UBle remaining open space that it is mpoMible to mite required number of parking spaces on the open space on the prope^. fequmng strict compliance with the requirements of the new provisions of the code would make * ineUgible for a conditional use permit, thereby forcing the property owner out of business and probably triggering a "taking" claim. Conversely, an existing marina may have sufficient space for the paring st^ •r»H hv the new reeulations Under such circumstances, the marina would be able to romply v^iui^e new rlgulations and obtain a conditional use permit An proii^ny hid teen "take^ would be considerably less persuasive under such circumstances. ■-E“" “ sstrir ”approach that reserves for the City the flexibilrV to oeai wiin c^-by-case basis. The simplest way for the City to enhance its flexibihty “ variances to the condiUonal use permit scheme created by the zoning code amendment. By Xwii^v^^cL to the condiUonal use permit requirements in ca^_wte« unpt^uon ofrequirements in c^ "wTe*aty“ie""eT^ UtUe. if any. hardship wUl be suffered while also avoidmg granting variances for those marinas that need them to stay m busmess. ■AS you know. Orono’s code has provisions mlating to property owner may rebuUd and continue a nonconforming use after destructio y elements, or natural disaster. 219/22031413 7/22194 I i EL APPROPRIATE REGULATORY VEHICLE The second issue that comes to mind as I review the proposed amendments is whether the zoning code is the appropriate vehicle for aU of the regulatory goals you seek to iraplemenL Generally, the City’s zoning code is the appropriate vehicle for regulating land use that wiU not change from day to day. For instance, the type of business to be conducted, the size and location of buildings and other structures, the percentage of the lot which may be occupied, and the size of yards and other open spaces are regulatory goals which cxn only be accomplished through a zoning ordinance. Minn. StaL § 462.357 (1994). One of the tools available to a City in regulating these types of land uses is the conditional use permiL Se- Minn StaL §462.3595. Conditional use permits allow a City to designate certam types of i^d uses within a particular zoning dismct based upon the applicant’s satisfaction of certain standards and criteria articulated by ordinance. Uses of land that might change from day to day, on the other hand, need not be reeulated by the zoning code. Such uses include the specific activities that are conducted on the property as opposed to the physical characteristics Lhe site and the general nature of the activ^ity being conducted. These specific activities (such as hot^ of operaucn) may be regulated through a licensing scheme pursuant to the City’s police powers. In the proposed amendments to Section 10.41, most of the regulations are appropriately part of the zoning code in that they deal with the physical cha^tensucs of die site and the eeneral nature of the business being conducted thereon. Amendments addressing specific activ^iiies. such as the on-land density of boat storage or incorporation by reference of LMCD regulations do not need, however, to be included in the zoning code. Although there is nothing improper about including them in the zoning code, you m^ want to consider moving these to the marina Ucensing section of the code to give the City more flexibihty m amending these requirements at a future date. you know, it is much cumbersome to amend the zoning code than it is to amend other secuons of the co e licensing provisions.) CONCLUSION I hope this informaiion is helpful. I would be happy to come out this evening ^d visit with the Planning Commission as it considers these amendments. Please let me know how you would like to proceed. cc: Thomas J. Barrett 219/22031413 7/32/94 1/1 Bonestroo Rosene Andcrllk & Associates Engineers & Architects December 19, 1994 5bnesmxt /!bsene Anaerf* dna Asscctjeet tnc ts sn Amrmd[r\^ Acnyi/Ei^ Opponunity Bmptcyrr G Bonetfroo P£ •ooefT W »c«er<e P£ • JOSepn C Aroen fc pe Mjryin L Scrva^ P£ E Turner P£ Genrs t CooiL PE Thomis E Noy«. PE Aoberr G SLhuo<nt PE Suwr> M EDerm CP^ •Ser. or Ccnsuiiart Howw^fd A S^moei PE Ke tr A Goax>n Pf BoDerr P P«t*^ PE Ihchjid W Potter PE Ojv<(] O LottiocA PE IkioerT C PbiieiL a i a Jerry A Bomoon. P£ Mjrii A Hjnson. PE Mcnjei T lUijtrMrrt PE Teo K PE Thonus P ArxJefv:n A i A Oonjtd C BurgM. P£ ThorrjS A Sv^i»o PE F'i^jr'c J Sienc^rg PE ;yr^e< MifTinez. P£ M<hje« P P«u PE Agr« M P ng. A IC P Thorr« W ^terwn PE Mchaei C Lvncn. PE Jjrries P UiUnd. PE Jerry D ^flzsc^ PE Scoa J Ang^nefc. PE Kertnetn P Anotnon PE Mart P POtfV PE M^k A Se<X PE Gary W Monen. PE Paul J Gannon A i A Daniei J Edgerron P£ A P*cit SchmicTt PE P^ c > Cai.vtH' P£ Mart O PE Min a Jenien. PE L Ph«D Graver PE PJien L W«men, PE Y Gary 0 PmraKz. PE Kepna tapn pe Oougiai J BerxM. PE ShJMfn O GuttJfion PE CecBo Otvier PE Paul G Meuer PE Jonn P Goroer PE Chanes A Encrnon Leo M Paw^sty Marian M Oiscn Jarrt^ f Er'genardt Mr. John Gerhardson City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: 1994 Seal Coat Project OurFUeNo. 13971 COUNCIL MEEHNG JAN 9 1995 ct ‘Y or pRor.o Dear John: Enclosed please find three (3) signed copies of the 1st and Final Request for Payment for the above referenced project. The final construction cost, as compared to the bid amount, is as follows: Contract Amount Final Construction Cost $36,227.50 $35,606.15 The project underran the original contract amount by $621.35, or 1.7%. The project has been satisfactorily completed and we recommend final payment. The costs to seal coat the streets within the Stubbs Bar Area are as follows: 746 tons aggregate @ $10.90 14,926 gals oil @ $0.70 Total $8,131.40 10.444.00 $18,575.40 This cost should be assigned to the Stubbs Bay sanitary sewer project. If you have any questions, please contact me. Yours very truly, BOn4sTROO„ROSENE, ANDERLDC & ASSOCIATES, INC Harlan M. C’son HMO:pr Enc. 2335 West Highway 75 • St. Paul, MIM 55113 • 612-636-4600 a ^/|J aontsfrjo Owner City of Orono, P.O. Box 66, Orono, MN 55323 Date Decembers, 19^-^ For Period Start to December 5, 1994 Request No. 1 & Final* Revised 1 Contractor Allied Blacktop Company, 10503 - 89th Ave. N., Maple Grove, MN 55369 REVISED HEQtEST FOR PAYMENT 1994 Seal Coat FUc No. 13971 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 9 Sub-Total 10 Less Amount Paid Previously 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ 1 & Final-Revised Recommended for Approval by: BONESTROO/'ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor: ALLIED BIACKTOP COMPANY Approved by Owner: emr OF ORONO, mn Specified Contract Completion Date: July 31,1994 Date: t3971.RFP 36.227.51 S 36.227.50 $.^5,606.15 $0.00 $35,606.15 $0.00 $35,606.15 $0.00 S 35,606.15 r Conlmct Unit Quantity Anovnt llrm Unit Quantity Pricr To Dale T« Diit» P.vc Pid Bituminous matcrinl for seal coat GL 26.100 0.70 2M54 18.307.80 FA-2 seal coat aggregate Qass C (chip seal) in place TN 925 lO.W QS6 10.747.40 FA-2 seal coat aggregate Class A io place TN 150 18.90 FA-3 seal coat aggregate Class A TN 240 21.00 M\.95 - 6J50.9i. Total Work Completed to Date S35.606.I5 13971.RFP RP-1 ___4 PROJECT PAYMENT STATUS Owner Project Project No. nie No. Contractor City of Orono 1994 Seal Coat I397I Allied Blacktop Company CHANGE ORDERS No. Date 1 Amount Total Change Orders • Add PAYTVfENT SUMMARY No. 1 2 3 4 5 6 7 8 9 10 Period Start 12-5-94 Payment $35,606.15 Retainage SO.OO Completed $35,606.15 Total Payment to Date Retainage, P.avTiient No. Tot.ai Amount IZamcd I & Final-Rev $35,606.15 0.00 $.3.S,606.15 Origin.nl Contr.net Change Orders Revised Contract $36,227.50 0.00 $36,227 J?0 13«)7|.FUT»RP-2 Bonestroo Rosene Anderlik & Associates Engineers & Architects December 29, 1994 BcmBoa A/vifftitjnaAtsoajtmnc itinA/Hrmievej\xnri)uiiOppomx^eifV»^ Orto G Bunwtroa PE M PE • joieor C Anoe^ u PE Mjnnn l Sorvj*a P£ P<r»^ E Turn^ PE ff CtXJii PE Thomas E PE RDOfvt G SchunchL PE SuSJO M Etjertei C PA •V«X)f Consu«jrw HO¥^j<d A Siofofd. PE IC^ A Go«don PE RbO^ » P*»pA\^ P£ Richard W Povref PE David O LoMOta ^E Rooe*t C Rusjw. AIA ^?n> A Bourdon PE Ma<k A Hanson PE Michap» T Rautmann PE Xed PE Thomas R Aryipfson A IA Oona<d C Burgardt. PE Thor".<5 A S/te PE FfWr< J Stenoorg PE lyraei Marr-nf* P£ Mch^ p Rau. PE Aqnc^ M fng A iC P Thomas W ^wnon P£ Mcnae< C Lynch PE James R \saiand PE jeny O ^y-tZSCh P£ Scon J Arganeic PE Kenneth P Andrson PE Mani R Rolfs. PE Mart A Seti PE Gary W Mor«n. PE Paul J Gannon. A i A Dar>«ei J Edgetton PE A R^.fc SchmKJC. PE P*'*0 J Caswell PE Maik O N4M. PC Mats B itn«n. P£ L Phaip Grj¥tl PE Raitn L Wemtn PE Gary O Rnnofcz. PE Ktth R npa PE Dougus J Btnoc PE Shawn O Gustafson PE Cectho Oiiwift PE Paul G Mtutr PE Jonn P Gonift. PE Charles A Enciison Leo M Paweisky Hanan M Oson James E EngemjiOl Mr. John Gerhardson City of Orono P.O Box 66 Crystal Bay, MN 55323 Re. Old Crystal Bay Road Street Improvements SAP 152-102-11 Our File No. 13960 CO'JMCIl f'EET!f!G JAM 9 DEC 3 0 1994 r Dear John: Enclosed please find four (4) copies of Request for Payment No. 2 for the Old Crystal Bay Road project. This portion of the work has been satisfactorily completed and we recommend payment. If you have any questions, please contact me. Yours very truly. BONEStROO, ROSENE, ANDERLIK & ASSOCIATES, INC Harlan M Olson HMOpr Enc. 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 Soncjtroo Owner City of Orono, P.O. Box 66, Crystal Bay, MN 55323 Date December 29, 1994 For Period November 1, 1994 to December 29, 1994 Request No. 2 S^hT mmmb Contractor Buffalo Bituminous, Inc., P.O. Box 337, Buffalo, MN 55313 1 REQUEST FOR PAYMENT Municipal State Aid Street Improvement Old Cfystal Bay Road Project No. SA.P. 152-102-11 FUe No. 13%0 SUMMARY 1 Original Contract Amount $157,105.00 2 Change Order • Addition $ 3 Change Order • Deduction $ 4 Revised Contract Amount $157,105.00 5 Value Completed to Date S 124,589.46 6 Material on Hand $0.00 7 Amount Earned $124.589.46 8 Less Retainage 5%$6,229.47 9 Sub-Total $118,359.99 10 Less Amount Paid Previously $29,830.00 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO.2 $88429.99 Recommended for Approval by: bonestroo ^osene ; anderlik & assocutes . inc. Approved by Contractor: BUFFALO BITUMINOUS, INC. Approved by Owner: CITY OF ORONO, MN Specified Contract Completion Date: Restoration & cleanup : 6/1/95 A ll other work : 9/20/94 Date:. 13960.RFP Na^ CmItmI Uni Qvaatity AmmmI lum Ueil QuantMy friee Te Del*T* Del* Base Bid • S A P. I,s:-102-ll 210LS02 Cleaniig (tree)EA 10 5aoo 4 200.00 2101.507 Gnibbiog (tree)EA 10 50.00 4 200.00 2104JO 1 Remove plate l>eam guardrail LF 220 3.00 200 600.00 2104JO 1 Remove 15* CMP culvert LF 75 6.00 75 450.00 2104.505 Remove bitumiaous pavement SY 1330 3.00 1300 3.900.00 2104J21 Salvage chaia link fence LF 320 4.00 300 1300.00 0104.601 Relocate mailboxes, signs. et&LS 1 200.00 1 200.00 0105.609 Geotextile fabric. Type V SY 2.760 1.00 2300 2300.00 2105.501 Common excavation (P)CY 1300 330 1300 5350.00 2105J07 Subgrade excavation CY 500 430 300 1350.00 2105321 Granular borrow (CV)CY 2300 9.00 987 8.883.00 2105.535 SaKaged topsoil (CV)CY 440 7.00 2211301 Aggregate base. C13. 100% crushed quarry rock TN 1.600 930 231037 21.000.42 2211302 Aggregate base. CL 3 (P) (CV)CY 950 12.00 656 7372.00 2331.504 AC-1 bit. material for mixture TN 43 120.00 31.75 3.810.00 2331.508 Type 41 wearing course mixture TN 195 17.00 2331310 Type 31 binder course mixture TN 260 16 l00 25136 4.024.96 2331.514 Type 31 base course mixiure TN 325 16 l00 325.63 5310.08 2331318 Bituminous mixture for walk TN 84 3aoo SP-1 Driveway restoration SY 250 630 2357J02 Bituminous material for tack coal GL 350 IdM 50 50.00 0412.604 Modular block retaining wall SF 2.150 1330 2362 31,887.00 2451.511 Coarse filter aggregate (CV)CY 80 15.00 2501315 12* CM pipe apron EA 60.00 2 120.00 2501315 12" RC pipe apron EA 2 400.00 2 800.00 2502.541 4* perforated PE pipe drain LF 500 3.00 2503311 12" CM pipe sewer LF 120 35.00 176 6,160.00 2503311 12* RC pipe sewer (CL V). Des.3006 LF no 22.00 no 2,420.00 2503.511 15" RC pipe sewer (Q. V), I>es.3006 LF 200 23.00 200 4.600.00 2503.573 Fum. & install 12*xl2”CM pipe lee EA 1 250.00 2503.573 Furnish & install 12* CM pipe 14 degree bend EA 1 250.00 4 1,000.00 SP-2 Construct catch basin, design SP-2 EA 1 650.00 1 650.00 SP*3 Construct catch basin, design SP-3 EA 2 U00.00 3 3,600.00 13960.RFP RP-l Urn. CM'nd UnM QuMthir Aw—» turn Uail QuMtity Pii»Ttitato T* Owe 2511^01 Random rip rap. Class III CY 4 saoo 2531.501 Concrete curb A, (utter-Design B6I8 IF 950 7f»946 C62100 SP-4 Reinforcing for cone curb &. gutter IF 60 030 60 30.00 0557.603 Funiish A install chain link fence, 6* tall IF 340 10.00 0557.603 Fumisb dt install chain link fence, 42* tall IF 120 1100 0564.603 4* wide solid line, yellow paint IF UOO 030 0564.603 4 ’ wide solid line, white paint IF UOO 030 2573.503 Silt fence, preasscmblcd IF 100 3.00 2575301 Roadside seeding AC 0.4 1.100.00 2575.502 Seed, mixture 500 LB 40 100 2575.505 Sodding, Type lawn SY 2.000 130 2575J11 Mukh matehaL Type I TN 0.8 250.00 2575.519 Disk anchoring 2575.531 Commercial fertilizer, analysis AC 0.4 100.00 20-10-10 TN 02 300.00 Total Work Completed to Dale $124389.46 13960.RFP RP2 PROJECT PAYMENT STATUS Owner Project Project No. File No. Contractor City of Orono Municipal State Aid Street Improvement SA.P. 152-102-11 13960 Buffalo Bituminous, lac. CHANCE ORDERS No. Date Amount I Total Change Orders • Add PAYMENT SUMMARY No. 1 2 3 4 5 6 7 8 9 10 Period Start 11-1-94 11-1-94 12-29-94 Payment $29,830.00 88,529.99 Reta inage $1,570.00 6,229.47 Completed $31,400.00 124,589.46 Total Payment to Date Retainage, Payment No. Total Value Completed 118,359.99 6,229.47 $124,589.46 Original Contract Change Orders Revised Contract 157,105.00 0.00 $157,105.00 13960.RFP RP-3 REQUEST FOR COUNCIL ACTION COUNCILMEEnNG JAN 9 1995 CITY or DATE: December 28, 1994 ITEM NO Department Approval: Name John R. Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: Public Works Item Description: Old Beach Road Traffic Control During the past few months City staff has been reviewing with Orono and Minnetonka Beach residents a traffic concern on Old Beach Road. Old Beach Road is currently being used as a "short cut" to get to County Road 19 and County Road 15 avoiding the intersection at County Road 15 and County Road 19. This results in 3,600 vehicles per day using this residential roadway. Originally the residents requested that the road be closed to through traffic with a cul-de-sac at one end or the other. Staff reviewed the matter due to concerns regarding public safety vehicle response, and the fact that City code calls for a through street if there are more than ten homes or the street is longer than 1,000 feet. The first alternate to closing the road showed a partial closing of the intersection at County Road 19 with right turn exit only onto County Road 19 and no right turn onto Old Beach Road from County Road 19 but would allow left turn onto Old Beach Road from County Road 19. This system would allow residents and emergency vehicles entrance and limited exit at both ends. However, by allowing limited access at that end of the road, Hennepin County has expressed a concern that there is not enough room for a left turn bypass lane on County Road 19. We also reviewed an option that would allow right turn exit and right turn entrance only at County Road 15 and Old Beach Road with nothing being changed at the County Road 19 end. This plan would solve the problem for the afternoon traffic only. After reviewing these and other options, it is staffs opinion that a complete closure at the County Road 19 end is the best solution to reduce the amount of traffic. The reasons are as follows: 1. 3.600 vehicles per day far exceeds the numbers for a residential street. 2. There is an alternate for the through traffic at the intersection of County Road 15 and County Road 19. • ♦ . Request for Council Action continued page 2 of 2 December 28, 1994 Old Beach Road Traffic Control 3. 4. 5. 6. Emergency vehicle response is mostly from the east, west and north. It is easier to manage and control tlian other option. Both Cities agree. All residents agree. By closing off the road to through traffic on Old Beach Road, there was concern that we may place a burden on the intersection of County Road 15 and County Road 19. We discussed this matter with representatives of Hennepin County Public Works. It is their opinion that a left turn arrow added to the semaphore for southbound County Road 19 from County Road 15 would be all that is necessary. Hennepin County is willing to assist with signage and closing the road at the County Road 19 end. If everyone agrees that closing the road to through traffic is the best option, there are two issues that must be solved: 1. 2. The zoning code states that if a road exceeds 1,000 feet in length it must a through road (1,250 feet in Orono, 850 feet in Minnetonka Beach). By today’s standards there must be a cul-dc-sac that has a finished surface of 90 feet in diameter. Recommendation It is staffs recommendation that Old Beach Road be closed at the County 19 end on an interim or trial basis, during the winter season, and that a permanent cul-de-sac be constructed if the interim closure works as planned. COUNCIL ACTION REQUESTED: Action to close Old Beach Road at the County 19 end, after a two week p of notification and advance signing. December 27, 1994 r"' 1S95 The Honorable Edward J. Callahan, Jr. Mayor of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Dear Mr. Mayor, I am a resident on Old Beach Road and wanted to express my thoughts regarding the cul-de-sac to be proposed at the upcoming January 9th meeting. lie residents of Old Beach Road feel that a cul-de-sac near County Road 19 is the only solution to the safety problems that currently exsist on our street. According to Hennepin County's report of 3,600 cars per day using Old Road the previously proposed ”no turn” signage is simply difficult treAfo^cefls indiLted by police. In addition. The exsisting signage "No trucks”, "No parking” and ”30 MPH are also ineffec tive traffic controls. I was nearly struck down by a truck when I went to get my mail this past fall. I have also witnessed cars speeding past buses with flashing lights and stop sign extended. I •'®X®n??’B'gch°R^ad near-Biss accidents pulling out of By driveway 1 was nearly broad-sided while atteBpting a si^aled, left-hand turn into my driveway (someone passed on my left going approx. 50 mpn; Your careful consideration of this matter is greatly appreciated by the residents of Old Beach Road. Hopefully, our street will become safer in the coming year. Sincerely yours, Kathryn^A. Modares 2480 Old Beach Road Wayzata, MN 55391 cc: J. Diann Goetten Gabriel Jabbour Charles Kelly Jo Ellen Hurr IAN 9 1995 "fOf ORONO CTION DATE: January 6, 1995 ITEM NO.; / ^ Department Approval: Name John R. Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: Public Works Item Description; Resolution - Designated Roadways for Posling No Parking •me City of Orono has been working cooperatively with the Minnesota Department of Natural aLurMS (DNR) to establish a public lake access to Lake Minnetonka on Maxwell Bay. Ora of the goals of the DNR was to provide vehicle trailer parking so thar roadside parking coul be eliminated. The City of Orono has agreed with the DNR :.nd has supported the efforts of the DNR to eliminate roadside parking within a 1/2 mile area of the lake access and boat launch. Most of the area within the 1/2 mile area is already posted no parking so it is necessary to post those "gaps" no parking. In order to accomplish ora of the DNR's goals to totally eliminate roadside parkii^ within *e 1/2 mile area of the access and boat launch, the areas already posted no parking and the gaps should be posted "No Parking Tow Away Zone." The roads in the area affected are under Hennepin County jurisdiction. Therefore the Orono Council must request by resolution Hennepin County Public Works to post the designated roads "No Parking Tow Away Zone." 1 have prepared a resolution for Council review and action. COUNCIL ACTION REQUESTED: Motion to adopt Resolution #requesting Hennepin County Public Works to post certain roadways a "No Parking Tow Away Zone, A RESOLUTION REQITSTENG HENNEPIN COUNTY PUBLIC WORKS TO POST DESIGNATED STREETS IN THE CITY OF ORONO "NO PARKING TOW AWAY ZONE" \VHEREAS, the City of Orono is a municipal organization existing under the laws of the State of Minnesota; and WHEREAS, the City of Orono has determined that there should not be vehicle parking on certain streets in the City of Orono; and WHEREAS, the streets to be designated 'No Parking Tow Away Zone are under the jurisdiction of Hennepin County. NOW THEREFORE BE IT RESOLVED that the City of Orono does hereby request Hennepin Coun^blic Works to post the following streets as "No Parking Tow Away Zone": North Shore Drive, beginning on the westerly side 3017 North Shoie Drive and proceeding westerly to 3980 North Shore both sides of the street. Tonkawa Road from the intersecuon of North Shore Drive northerly to 1140 Tonkawa Road, both sides of the stieet. Shadywood Road beginning at the intersection of Not* Shorn Drive souU^^^^^ to the Coffee bridge of 1940 North Shore Drive, both sides of the street. Adopted by the City Councii of the City of Orono. Minnesota at a regular meeting held this___day of__________1995. ATTEST: 1. 2. 3. Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Page 1 of 2 % STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. Tl,e foregoing tetrument was acknowledged "« ™ *is behalf of the City. Notary Public Pace 2 of 2 rn o L |/'r ^ o 5 r'f- h~ t X ^ XQ ^ > ^1 i ^ v!/ m \A w X* ■ • 1.:1'R .... . .I .'■ji -(( REQLTST FOR COUNCIL ACTION -w.i.TdlU«t£Vlwa JAN 9 1995 DATE: J^IX 9fiUlONO ITEM NO: /*> Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse /A City Administrator’s Title City Administrator Report Item Description:/ Americans With Disabilities Act (ADA) Compliance Audit The Federal ADA law requires that cities conduct a compliance audit which includes two parts. One, is an accessibility review of municipal sites and buildings, public areas, and employee spaces. The other is, a review of the city*s programs, services, policies and procedures to ensure compliance with ADA requirements. As part of the 1995 budget process. Council authorized staff to move ahead with the ADA compliance audit. Jti'ic Quarve-Peterson. Inc. is a consulting firm that has provided the ADA compliance audit ^fvi;es to a large number of cities and is highly recommended by those cities. A copy of the pTWi ijjl which lists the specific tasks and costs is attached. The total cost is proposed not to $4,775. COUNCIL ACTION REQUESTED: Motion to approve the proposal from Julee Quarve-Peterson, Inc. to provide consulting services for the purpose of assistance in complying with the laws pertaining to accessibility for all persons with disabilities at a cost not to exceed $4,775.00, to be funded from the special projects contingency account. proposal TO: *• «- DEC 27 199^ THE c.;-7 CITY OF ORONO Julee Quarve-Peterson. Inc. proposes to provide consulting semces to the Oty of Orono for the purposes of assistance in complying wth applicable codes, laws and guidelines penaining to accessibility for all persons with disabilities. Julee Quane-Peterson. Inc. is uniquely qualified to ^sist the City of for compliance with the Americans with Disabilities Act ° Chaoter 1340 504 of the 1973 Rehabilitation Act, and the Minnesota State Building Code Chapter U4a J^rouarve-Peterson. Inc. has specialized in the field of accessibil;^ for over 14 years providine the Citv of Orono with a consultant which is knowledgeable in the meshing of laws, codes and design guidelines of new construction and their application to existin, buildings, programs, and budgets. Juice Quanfc-Peterson, Inc. proposes to conduct the following activities to assist the City of Orono in the fulfillment of its accessibility requirements. SITE SURVEYS ,. Conduct on-site survevs to idenlily polential accessibilin; ^ net. consmicuon guidelines for accessibility. Areas induded in the site sniveva include. hi4 MtS“r;ch rad ?7lSig. au pubUe areas (offices. ,».bUc meeting rooms, parks, golf courses, polling sites, and service areas) and emplovee spaces. The follov^ing sites are pioposed to be surseved: Buildinss: Golf Course Club House Cn siaJ Bay Post Office Cit>‘ Hall (Council Chambers. Administration & Police Department) Public Works Polling Locations: Minnetonka Center for the Arts Gray Freshwater Biological Center Lakc%icw Golf of Orono. Inc. Parks; Summit Park Swimming Beach 8CC0 w. 78th Street • suite 305 • edina. minneseta 55439 • 612-829-1049 I 9 Beden'ood Park Hackberr.’ Park Orono Golf Cotir^e 2 Prcoarc a rcoort ox enwv of those issues xvhich should be upgraded to meet the intent of the ■ aSSLis Disabihues Act nc^v construction guidelines for accessibilit>-. The report overMr.v will idenuf% those items «hich ue consider to be proacuve. short term, and long range accessibiUn- upgrades to assist the City of Orono in dc^eloping a transiuon plan. 3. Identic- addiuonal acccssibilirt' upgrades or safet>- issues which would go be>ond t he laws, codes and guidelines to provide a greater level of accessibilitv-. 4. Provide color coded kev noted Hoor plans identifving the specific locations for recommended accessibilitv' upgrades. 5. Provide photographs detailing exisung conditions where accessibilitv- upgrades are recommended or where “good" accessibilitv- is cutrentlv provided. 6. Provide information of suppliers and vendors of specialtv- equipment and services relating to the recommended accessibilitv- upgrades. 7. Av ailable to prov ide a presenution of the final report to the City Council. 8. As an additional service training sessions for faciliues personnel regarding structural accessibilitv' and prcxlucis can be conducted. 9. Probable costs can be provided through Julee Quane-Petersoo, Inc as an addiuonal service to assist in prioritizing and the development of a transition plan. 10. Prepare a transition plan form and prov ide a computer disk for continuing updating. SELF EVALUATION 11. Assists the City of Orono in the review of programs, services, and benefits for compliance with the ADA Title II. including identificaUon of various programs and potential changes necessary. 12. Assist the City of Orono in the rev iew of policies, procedures, and recruitment aimounceracnts which may not currently be in full compliance. 13. Consult with the Cit\-'s ADA Coordinator to assure their understanding regiuding the role and understanding regarding activities and responsibilities as it pertains to ADA Title II. 14. Review the Citv-'s “communication plan" including cable TV. city publications, telephone svstems. sign language interpreters, etc. 15. Assist in coraplcuon of appropriate forms; Grievance Procedures Nouce Requirements Public Paiticipauon .Announcements * ft A 6nal report for the City of Orono will be presented in a 3-nng binder format which will allow future accessibility infotmation or correspondence to be tnserted directly to provide quick reference for all accessibility infotmation relating to each specific building. Fee Schedule: The proposed fee for the above facilities surveys (Items 1-7 &10) of S3,075. The proposed fee for the Self Evaluation (Items 11-15) is a total of $1,100. Expenses are in addition to the fee and will be billed separately to include: mileage @ .23 per mile, copying at cost, secretarial sendees @ S12 per hour, film and film processing, etc. E.xpenses are not to exceed 5600. The additional fees for item #8 is 5500 for one 1/2 day training session or 5800 for two 3 hour training sessions in one day. Additional fees probable costs (Item ^9) is $500. Contract start date schedule will be upon complete execution of the contract with an expected six week work schedule after the completion of the on-site surveys. If you have any question- 'egarding the proposal or the services available, please contact Julee Quarve-Peterson at (612) 374-3031. Julee Quarve-Peterson President of Julee Quarve-Peterson, Inc. Authorized Signature for The City of Orono Date Date A final report for the City ofOrono tvill be presented m a 3-nng binder fonnat which will allow, future accessibility information or correspondence to be rnsetted direaly to provide quick reference for all accessibility information relating to each specific building. Fee Schedule: The proposed fee for the above facilities surveys (Items 1-7 &10) is a tmal of $3,975. The proposed fee for the Self Evaluation (Items 1 1-15) is a total of $1,100. Expenses are in addition to the fee and will be billed separately to include; mileage (ffi .23 per mile, copying at cost, secretarial services @ $12 per hour, film and film processing, etc. E.xpenses are not to exceed $600. The additional fees for item #3 is $500 for one 1.'2 day training session or $800 for two 3 hour training sessions in one day. Additional fees probable costs (Item “9) is $500. Contract stan date schedule will be upon complete execution of the contract with an expected six week work schedule after the completion of the on-site surveys. If you have any questions regarding the proposal or the services available, please contact Julee Quarve-Peterson at (612) 374-3031. Julee Quarve-Peterson, Inc Date Authorized Signature for The City of Orono Date CO Ji\!CiL MEETING JAN 9 1995 CITY (iF ORONOREQUEST FOR COUNCa ACTION DATE: January 5, 1995 ITEM NO: j (q Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse ^4 Citv Administrator ’s Title City Administrator Report Item Description: Establishment of Council Work Session(s) At the January 3 Highway 12 mediation session it was determined that the City Council should meet with Valerie Reinaas of MnDOT and County Highway staff to discuss both the intersection of County 6 and Watertown Road and the inter ”, ction of County 6 and Highway 12. This can best be accomplished in a work session format. Another work session topic is a discussion of Council goals for 1995. COUNCIL ACTION REQUESTED; Motion to establish the date and time for a Council work session(s). Li' r*-—. REQUEST FOR COUNCIL ACTION JA/^ 9 1995 DATE: Janui^^fl|0J|fg ITEM NO; Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse h /7 /City Administrator ’s Title City Administrator Report Item Description: 1995 Appointments A resolution designating appointments for 1995 is attached for Council review and approval. COUNCIL ACTION REQUESTED: Motion to adopt the resolution designating appointments for 1995, with changes if desired. ( A RESOLUTION DESIGNATING SELECTED APPOINTMENTS FOR THE YEAR 1995 BE IT RESOLVED, by the City Council of the City of Orono, Minnesota that the appointments and designations for the year 1995 are as follows: APPOINTMENT/DESIGNATION Acting Mayor Planning Commission Rep. to Council Park Commission Chair Representative to Association of Metropolitan Municipalities Legislative Liaison AMM AMM Legislative Contact Lead Attorney (Civil) City Attorney Firm (Civil) Alternate Attorney Lead Prosecuting Attorney City Prosecuting Attorney Firm Lead Engineer City Engineering Firm Auditor Fiscal Agents Insurance Agent of Record Weed Inspector Assistant Weed Inspector Transportation Committee Emergency Preparedness Director Southwest Sanitary Sewer District Suburban Health Nursing Service West Hennepin Recycling Commission Mayor ’s Association 1 1995 Gabriel Jabbour Alternate Richard Flint Ronald J. Moorse Ronald J. Moorse J. Diann Goetten Tom Barrett Popham, Haik William Soth, Dorsey & Whitney Laurel Hersey City of Minnetonka Glenn Cook Bonestroo, Rosene, Anderlik and Associates Malloy, Montague, Kamowski, Radosevich and Co., P.A. Ehlers & Associates Duweyne P. Carlson Apple Valley Insurance Edward J. Callahan, Jr. John R. Gerhardson John R. Gerhardson Stephen X. Sullivan Ronald J. Moorse Ronald J. Moorse John R. Gerhardson Edward J. Callahan, Jr. 1 APPOCSTMENT/DESIGNATION Suburban Rate Authority West Tonka Senior Citizens Representative to Long Lake Fire Dept. West Hennepin Human Services Planning Board (2 Plus Alternate) Building Code Board of Appeals Hennepin Emergency Communications Organization North Tonka Crime Prevention Highway 12 Appointments; Policy Committee Technical Committee Citizens Committee Housing and Redevelopment Authority Lake Minnetonka Cable Communications Commission I 1995 John R. Gerhardson Rona’d J. Moorse (Alternate) Edward J. Callahan, Jr. Charles Kelley Dale Woodbeck LaDean McWilliams Shirley Laue Loren Kohnen, West Metro Services Tom Anderson, Hopkins Building Official Maureen Bellows, AIA Architect Jim Hanson, Builder Theodore Paulfranz, Edina Fire Chief Ronald J. Moorse Stephen X. Sullivan (Alternate) Stephen X. Sullivan Barbara Peterson Edward J. Callahan, Jr. J. Diam Goetten (Alternate) John R. Gerhardson Gabriel Jabbour Charles Kelley George Johnson Eleanor Winston John Massopust (Alternate) Gabriel Jabbour, Chair Charles M. Kelley, Secretary J. Diann Goetten Edward J. Callahan, Jr. JoEllen Hurt Timothy Pattrin Gabriel Jabbour APPOINTMENT/DESIGNATION Lake Use Committee Official Newspaper Community Development Committee Official Depositories/ Investment Vendors 1995 J. Diann Goetten, Chair Charles Kelley Charles Schroeder Stephen Peterson Candace Rowlette The Laker and Pioneer Newspaper Building & Zoning Administrator City Engineer Public Works Director First National Banks of: The Lakes (Navarre) Wayzata Minneapolis St. Paul American Bank -.f St. Paul League of MN Cities - 4M Fund Smith Barney Shearson, Mpls. Norwest Bank Minneapolis TCF Bank FSB Piper Jaffray, Mpls Dain Bosworth, Inc., Mpls Prudential Securities, Inc., Mpls Paine Webber, Mpls Merrill Lynch, Mpls First USA Bank, Willmington, DE Pacific Thrift & Loan, Woodland Hills, CA Adopted by the City Council of the City Orono, Minnesota, at a regular meeting held January 9, 1995. Edward J. Callahan, Jr., Mavor ATTEST: Dorothy M. Hallin, City Cleric 010595.3 COUNCIL MEEHNG IA j$EQp:$||lfOR COUNCIL ACTION r:TY Of cnOuO DATE: January 5, 1995 ITEM NO: // Department Approval:A dministrator Reviewed:Agenda Section: Name Ron Moorse City Administrators Title City Administrator Report Item Description:/ 1995 Meeting Schedule The proposed 1995 meeting schedule is attached for Council review and approval. The schedule reflects the current meeting schedule carried over to 1995. COUNCIL ACTION REQIT.STED: Motion to approve the proposed 1995 meeting schedule with changes if desired. 1995 ORONO MEETING SCIIEDIII.E » CODNCIf. ClIAMnEKSki*:y] ^ 7:00 p.iii. Council Mecfing 2nd & 4th Monday 7:00 p.in. IManiiing Coniinission 3rd Monday 7:15 p.ni. Park Commission 1st Monday 7:00 p.m. Orono School Board X omcial llolida. January S 1 8 15 22' M. T m w 4 11 18 25 T 5 12 19 26 F 6 13 20 27 S 7 14 21 28 29 30 31 May February S M T W . 1 ^15 5)22 5 12 19 26 T 2 9 16 23 F 3 10 17 24 S 4 11 18 25 June 7 14 2i M T W A 2 3 W10 X |:i m 28X 30 3s24 : T 4 11 18 25 F S 5 6 12 13 19 20 26 27 OK. September S M T W T 3 10 17 24^ X A 6 12 13 19 20 26 27 m 7 14 21 28 F 1 8 15 22 29 S 2 9 16 23 30 S M T W 4 11 18 25 ifm m 7 14 20 21 27 28 T 1 8 15 22 29 F 2 9 16 23 30 S 3 10 17 24 October S M T 1 A 38 tmio 15M17 22g324 29 30 31 W 4 11 18 25 T 5 12 19 26 F 6 13 20 27 S 7 14 21 28 March S M 5 12 19 26 T W T F S 12 3 4 i 7 8 9 10 11 13715 16 17 18 21 22 23 24 25 28 29 30 31 July S M T W T F S 1 2 A X 5 6 7 8 9®11 12 13 14 15 16 55 18 19 20 21 22 23^25 26 27 28 29 30 31 November S M T W T F S ^ 12 3 4 5 A 7 8 9 11 12M14 15 16 17 18 19^21 22 ^ X25 26 Ca 28 29 30 April S M T W T F S 2 A 4 5 6 7 8 9 raw 12 13 14 15 16 35 18 19 20 21 22 23 21W 26 27 28 29 30 August S M 6 13 20 27' T A 8 15 22 29 mm w 2 9 16 23 30 T 3 10 17 24 31 F 4 11 18 25 S 5 12 19 26 December S M T W T 3 10' 17 18 ill 5 6 12 13 19 20 24 X 27 31 7 14 21 28 F 1 8 15 22 29 S 2 9 16 23 30 COiihiCLL^.. JAN 9 1995 REQUEST FOR COUNCIL ACTION 0|jy qj Q|JQ|yQ DATE: January 4, 1995 ITEM NO: / Department Approval: Name Dorothv Hollin Title City Clerk Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Park Conunission Liaison Schedule The following is a proposed schedule for Council attendance at the monthly Park Commission meetings during 1995. February 6th Mayor Callahan March 6th Councilmember Gcetien April 3rd Councilmember Jabbour May 1st Councilmember Hurr June 5th Councilmember Kelley July 3rd Mayor Callahan August 7th Councilmember Goetten September 5th Councilmember Jabbour October 2nd Councilmember Hurr November 6th Councilmember Kelley December 4th Mayor Callahan COUNCIL ACTION REQUESTED: Motion to approve schedule for Council attendance at the Park Commission meetings for 1995 Ayes , Nays_. REQUEST FOR COUNCIL ACTION Cu^ilCiL DATE: January 5,1995 •iAN 9 1995 item NO: 0CiTYOfOBOWQ_________^ Department Approval: i/ Name Tom Kuehn * Title Finance Director Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Request to Consolidate Certain Common Expenditures into a Central Services Department Attachment: Changes to General Fund Budget After Creation of Central Services The Fi.iance Department requests authorization to consolidate certain common expendi tures in*. > a Central Services Department within the General Fund. A number of categor ies of expenditures are now allocated to departments through a variety of proration form ulas. 1 hese allocations require extra effort but do not provide significant useful manage ment information. For example allocating copy machine maintenance costs to the various City departments does not provide useful inform .ion for managing these departments. \Miile consolidating these items may somewhat reduce the completeness of accounting for all of the costs of each department, the benefit of consolidation is that it provides a clearer picture of the total amounts spent in each category of expenditure. This consoli dation will also result in easier and faster processing of invoices, and more efficient accounting and budgeting. We propose consolidating the following items from all departments in the General Fund: Office supplies * Postage and postage meter rental * Copy machine costs Insurances, except vehicles * Service contracts/maintenance costs for office equipment * Printing and publishing * Data processing * Telephone * Special equipment replacement charges (postage and copy machines) * All items currently in the Government Buildings Department Each applicable budget item would be allocated to the I dice Department on a quarterly basis, due to the contracts with surrounding communities for police protection ser\ices. With the creation of the Centra’ Services Department the total General Fund expenditure budget remains the same. The appropriate expenditures from the various departments wc uld simply be moved into the Central Services Department. A revised 1995 budget would be given to the depanment heads and Council. COUNCIL ACTION REQUESTED; Authorization to create the Central Services Department within the General Fund General Governmental function of the 1995 General Fund Budget. , seconded by., to create the CentralPROPOSED MOTION: - Moved by,____ Serv ices Department within the General Governmental functions of the City, effective January 1, 1995, and to direct staff to incorporate all necessary changes in the 1995 Budget document to reflect the creation of the Central Serv'ices Department Ayes___, Nays___. centserv City of Orono, 1995 Budget Sum mary of Changes by Department After Creation of Central Services Division Office Spec. Equip. Insurance Supplies Replacement Telephone Printing & Pottage Publishing Service Data Contracts Processing Total Govt Addition To Buildings Central Serv. 1995 Adopted Budget Less Expenditure Reduction Addition to Central Services 3,2.^0,240 (206,065) 206,065 1995 Final Adopted Budget 3,230,240 City Council (270)0 0 0 0 (600)0 0 0 870 Administration (4,848)(3,400)(1,100)(950)(2,200)(2,000)(1.500)0 0 15,998 Elections 0 (100)0 0 (300)0 (950)0 0 1,350 Assessing 0 (1.236)(100)(980)(810)(100)(410)0 0 3,636Finance(5,046)(1,000)(370)(515)(970)(700)(1,280)(25,653)0 35,534 Legal 0 0 0 0 0 0 0 0 0 0 Govt Buildings 0 0 0 0 0 0 0 0 (70,411)70,411 Human Services 0 0 0 0 0 0 0 0 0 0 Police 0 0 0 0 0 0 0 0 0 0 Fire 0 0 0 0 0 0 0 0 0 0 Planning A Zoning (6,770)(3,090)(1.700)(950)(2,700)(1,800)(2,850)(12,979)0 32,839Emergency Prep.0 0 0 (1.100)(50)0 (100)0 0 1,250Animal Control (594)0 0 0 (100)(100)0 0 0 794Engineering0000000000Streets(33,993)(620)0 (1.550)(200)(100)0 0 0 36,463Parks(6,670)0 0 0 (100)(50)0 0 0 6,820 Recycling 0 (100)0 0 0 0 0 0 0 100Special Services 0 0 0 0 0 0 0 0 0 0 Special Projects 0 0 0 0 0 0 0 0 0 0 _—(58.191)(9.546)(3.270)(6.045)(7.430)(5.450)(7.090)(38.632)(70.4111®!WEm:. I ;■i.‘-( REQUEST FOR COU?^CIL ACTION MEETI JAN 9 1995 ^^OFOtiQuo DATE: January 5, ITEM NO: C" ( Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Admioistrator’s Report Item Description: Pay Level for Corporal Assignment At its September 26, 1994 meeting the Council approved the Police Depanment reorganization that eliminated a lieutenant position and added three corporal positions. The corporal positions were to be filled by assigning current patrol officers who would receive a 2% pay differential for the corporal duties. The corporal assignment process has now been completed. Officers Bruce Anderson, Jim Comick and Jay Dembouski have been selected for assignment to the corporal positions. These assignments are to be effective January 16, 1995. Although the corporal pay differential needs to be negotiated with the Police Officer Union, the officers and union have been notified that the city has set the pay diffe-ential at 2%. COUNCIL ACTION REQUESTED: Motion to approve the 2% pay differential for Officers Anderson, Comick and Dembouski effective January 16, 1995. Department Approval: Name Ron Moorse Title Cirv Administrator REQUEST FOR COUNCIL ACTION COUNCIL MEERNG JAN 9 1995 CITYOFOROMfl______ DATE: January 5, 1995 ITEM NO: . Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: . . . o Resolution Terminating the City ’s Membership in the Minnesota Police Recruiting System (MPRS) At the December 12, 1994, executive session the Council approved the termination of the city s membership in the Minnesota Police Recruitment System (MPRS). A letter has been sent to the MPRS terminating the city ’s membership. The by-laws of the MPRS joint powers organization require that the written notice of termination be accompanied by a resolution of the City . Council. The resolution is attached for Council adoption. COUNCIL ACTION REQUESTED: Motion to approve the adopting of the resolution terminating the city ’s membership in the MPRS. A RESOLUTION TERMINATING THE CITY’S MEMBERSHIP LN MINNESOTA POLICE RECRUITMENT SYSTEM (MPRS) WHEREAS, the city has been a member of the Minnesota Police Recruitment System (MPRS), and WHEREAS, the city has determined that its membership in MPRS should be terminated, and WHEREAS, the MPRS joint powers agreement requires that notice of termination be accompanied by a resolution of the City Council. NOW, THEREFORE BE IT RESOLVED, that the Orono City Council does hereby terminate its membership in the MPRS. This termination to be effective December 14, 1994, which is the date of the city’s written notice of withdrawal from the MPRS. Adopted by the City Council at a regular Council meeting held January 9, 1995. Edward J. Callahan, Jr., Mayor ATTEST; Dorothy M. Hallin, City Clerk COUNCIL MEETING REQUEST FOR COUNCIL ACTION JAN 9 DATE: j£iumy 5, 1995 ITEM NO: ^ J Department Approval: Name Dorothy Hallin Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval Residential Kennel License Steve Esco 320 Big Island Sue Fackler 3700 Togo Road Jane Kline/Steve Bell 4455 West Branch Road G. James & Judith A. Spinner 940 North Arm Drive COUNCIL ACTION REQUESTED: Motion to approve above listed licenses Owner: „rr.“3iL":=' « ^rotaerty Address ^ ■ (Include City ana zrp, . (I Q / /n//}-o 7-7(work) Phone: (homeK - - -1- -^- - -- - - - RESIDENTIAL Kenned License ^*1^?j (paiTnent must accompany application; Maximum No. of dogs to be kept at one time:- - - (over 3 months of age) LoAPrincipal Breed:- - - - - - Purpose for more than 2 dcgs: ^\J Dogs normally kept: /C- -inside * y/' yf^ ^ f1 L---------------- "r ■■n;;.*■■■r ~ WA I I c'f wMwftw/ rr;/.A;;rr rcrTrc kennel structure At m; ^.c COHMERCIAI. Kennel License payment must accompany applroation) NsLins of BusinBSSi .Vv VV'r- ^V. ..fc.s ieUf.VV i u.uiv Vm// M? rrvVJ. euifrurrr jii. t fuun I L. )}320790 coot fiOl 713:. f /V-- .• A./ Vw*.* fexamp:^"boarding!'breeding, veterinary care, .e.all, eTc.) Normal Business Hours: After Hours Contact: Dog runs/exercise areas are. inside ____^outside -----^both Dog runs/exercise -------- The u.ndersigned hereby make 3TsVe“V°e"d In ?hls"ro"r°m: council for a Kennel License ®P® is permissive only undersigned ^u^ritv to" vio\ate any provision of any and does not grant Jtion: the undersigend hereby City Ordinance or other law \nsoect the premises orior^to grants the City = o°nir reasonable time during thelicense approval and at a^.y ocnet j. abide by the license approval. B a, 1 I--&D -c _ _ _ _.^t£r.Z _ _ _ _W—^^ - - - DateApplic^-t _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ff ■Pnr City Use Only Kennel inspected oy ^ p.ecommends Approval Date Denial KEHNEL UCENSB APPLICt.TION Oc'i-o nt»remher 31# 19 Effective Jar ary if ,x ___ ^ —r^^TS?~> go fO X-T 3?iPrdb’erty Address:______ (include city ana 21E Mailing .e.rass (if c/ 9 7,5 Phone: (home )_____l!—-------- RESIDBNTIAI# Kennel application) . (payment must accompany .P - *.rt Vi#» kpot at one time: f —Maximam No. of ccgs to be K . (over 3 months or ag*-) ZH-J^Pi:ir.clc3.1 Brssa purpose for more than 2 dogs:- - Dogs normally kept: u^^nside . *• T T V r z “ “ ^ 0' - W?“ U*l ^ U'M t.' COKMERCIAi Kennel ) (payment must ac^ompa.*^ r* .■' * • ik' * IT *.' w w »f <■ iit ^ ■**'-*- kennel structureiJ13’5o ’Cy4.'i> Vj. cu:t -urrt- n. i'i. iflUOiii? CiiOl 12/C MarTi0 of Business . U:<S?e:"'btardi";’ Normal Business Hours: After Hours Contact: Dog runs/exercise areas are: inside _____^outside -----^both Dog runs/exercise --------- The undersigned hereby . makes applicati^^^^ ,, r::ncii for a = ^ “nnel license isu'dersicned acknowledges hh ^ violate any provision o- y a'nA doeb net grant any on; the undersigend hereby ’/Sense app/f.v‘a;L:^ ^/z A.ppiicant i2E_^.i^-2|§^Ss^bv OfKennel xnspec—a. -- - - - - - - - - Date 12-1^ ^— Recommends A?proval_Jr Denial Owner: kennel license application Effective January 1, to December 31, 19^ Vv\v^g- Prooerty r Hi. . . ^(Include city ana zip) Mailing Address (if different):. Phone: (hone) A-\0T\-----(wor)c)_2i2AlL^£^ Maximum No. of dogs to be kept at one time:__\\ (over 3 months of age) f T •• 7-Af'ijt w*acw*vv wv ni rry rLzrk' Ti !,/( U.Cf^ tw Principal Breed;X-C-C^ V- nfe^-W* • VV ior\_____ _ A/V*VV »-*iT‘”rT“*~.»iUdI tt’ntrtx # f u r-f’ni 7)“.*r? w**;. UA'VA mv*a i.aw* 4 " .*.**sr • • • * ‘ Puroose for more than 2 dogs - - - - - Dogs normally )cept: J^innide - - -^^onnel structure COMMERCIAL Kennel License (payment must accompany appli-a^-ion) Name of Business; t Business Activities :_^- -—„e,^e-inarv care" retails etc.)(example: boarding, breeaing, ve.e.ina.y Ncrinal Business Hours: After Hours Contact; (name)(phone) Dog runs/exercise areas are: ---------inside -------^outside _both The undersigned )iereby ma)ces \^iis form: the Council for a Kennel License permissive only undersigned ac)cncwledges tnat a provision of any and does not grant any author ^ the undersigend nereby City Ordinanoe or other law ptemisei prior to grants the City permisssion ^ reasonable time during thelicense approval and at any other reasonaoie license duration: J:*’® ag‘^2haM"r 5.36 including any special as part of any Kennel license appx'a*’3’« k^iyo=£-------------------------------------------------------------------- ■■ DateApplicant ____________________ ^^n(^ For City Use Only Kennel inspected by . Recommends Approval Date • .• Denial Ef'^eCwive uanuary J-/ ------- NOV 30 1994 ' ... A _____________ Ownsr; • —)c>rv\d ----------—-----------^ Ci./x-* /OtfrvvA Ar.-» D^.oe-^ . fV\au.od. Prooerty Address: ----------------—-------- (include city ana zxp Mailing Address (if different): Phone: (heme fwork) 3^^-/^oo llTlcillTny Maximum No. of dogs to bo kept at one time:^3- - - (over 3 months of age; , C- ji ■S>aO■.vv^i ^ ^Principal r>c.e^ I / Cvc .il^-------ii s purpose for more than 2 dogs!-^- - - - - - - - - - - - - - - --- - - ^ kennel structure CITY OF OROSODogs normally kept: _i^inside - - -Kenner f.-/AXE CyFKE i-i-ir,-Af'nA• 1 KH nn awawwvwvv COMMERCIAL Kennel(payment must accompany application; fAw’w'V W VV o i ruy VJl CUitrurrv ric-i ruuM name of Business: <:•? .• • V t wP • V " r*TTOT — ‘rU/UfV vr»/J !\LLtll I I liPwr nj* ■ ' . ■ “*f"»? “.*» ^ T>c-wa * ,’^Ji i * / a wv inside ___^outside -----^both ^'bolrdi^g;-breeding, veterrnary oare, retari. TtC) Normal Business Hours; After Hours Contact: (n^e) • (phone} Dog runs/exercise areas are: The undersigned »ereby makes ' tM council for a Kennel license as spec undersigned to violate any provision of any and does not grant any autho y i_+..{on* the undersigend hereby C??y Ordinanoe or other prior to ii“n:: llllHol. ^d "u^ndSned 37eoia! license approval. ^plicant //■^ Date por citv Use Only ^ r Lnnel inspect^by P./. Recommends Approval_X---- Denial Date ix-ikJt-' cr) U.J ..4 u5 :*5 CJ lO CTi CT> o o Ci •.4- •. , > -:**• j ' / • . j -: ^ •. '• 1• .2/18/94 I :B FRRE30F ’rI -35 ■ ^'1 1 1. .A--VV. • '9F - .. VTD CURRENT ! S..i? -Z ?T * . :v • i71c03C^0 A:JCER30N, BRUCE L 31 5Cr:8.22 1718.55 .74563339 BOEZIEN, SUE A 31 27369.80 1042.57 • *.76921815 BORIS, SCOTT W 31 14041.29 1302.77 i71340871 BOS^L^i. JAMIE L 12 14164.94 576.31 .75443062 BRINKHAUS, JOHN F 42 43011.73 1656.00 ;60843OO0 CARLSON, MICHAEL B 31 7138.95 414.96 172503991 CHESWICK, GARY B 31 46140.34 1774.56 469526026 CORNICK, JAMES L 31 53545.30 1996.47 ;75989721 DEMBOUSKI, JAY C 31 40238.50 1657.95 168821016 ENGLISH III, IRVING 31 48764.13 1670.32 • • 172529007 ERICKSON, KURT R 31 42370.05 1611.52 ;607O1868 FISCHENICH, DAN T 31 44005.73 1551.20 469686562 GAFFRON, MICHAEL P 33 39321.52 1513.92 46'*42O032 GERHARDSON, JOHN R 42 60733.37 2180.31 476020397 GOMAN, ANITA D.35 2060.64 344.25 169087804 GOMAN, DAVID J 35 7072.73 271.01 474667012 GREGORY, JAMES D 42 34865.42 1403.75 475380151 HALLIN, DOROTHY M 12 33073.32 1304.16 f 477500666 HANSEN, STEVEN C 42 32008.40 1154.77 1 ,. • . 475444249 HANSING, CAROL J 31 15520.76 564.93 477463077 HASEMAN, CAROLE 12 27954.24 1042.56 1 471569063 JOHNSON, BRADLEY P 31 48136.24 2094.97 477647279 KARNITZ, RICKY D 31 4410.11 262.08 471848180 KNOLIENBERG, KRISTIN 31 6050.23 406.00 • • 472500574 KUEHN, THOMAS M 15 57047.63 2227.20 121262417 MABUSTH, JEANNE A 33 49243.27 1095.93 480843542 MCNICHOLS, DAVID L 31 44225.07 1506.00 477561040 MELTON, NEIL W.31 98.28 90.28 170907727 MILLER, CHRISTOPHER 15 17646.49 1108.64 477700023 MOORSE, RONALD J 12 64475.51 2449.44 • * . *4 334506201 MOROWCZYNSKI, JAMES 31 44890.88 1611.51 * « • * # * • 168909535 OBERAIGNER, SCOTT G 42 31997.92 1113.05 , • - • 176703251 OBRIEN, RANDY L 92 32127.76 1161.04 *• 176866274 OLSON, JOHN C.15 13324.12 938.31 • 470700901 OMAN, LYLE E 33 39123.07 1513.92 * • *.*,».*. i 469848107 PALMER, GREGORY A 42 31491.36 1144.35 'Iv' 1471487919PERSELL, WILLIAM R.31 687.96 283.92 475382983 QUAST, WAYNE A 92 39672.05 1403.92 *■ , *473746173 RATHBUN, BARRY J 92 31862.23 1321.75 ' ••i J * * 470566529 SCHOENHOFF, JOHN B 31 12290.85 385.48 469629194 SKREEN, DALE S 42 31622.31 1311.30 475569177 STEFFENHAGEN, RONALD 93 33873.33 1304.17 267460042 SULLIVAN, STEPHEN X 31 55298.82 2177.28 472563051 THOMTON, MARK R 31 41900.16 1581.36 474663296 TOMCHECK, LAWRENCE P 31 44762.73 1640.66 rr.iri:: '470704904 TOMCZYK, MARK W 31 44206.76 1838.14 475505292 VANG, BRUCE L 33 33873.34 1304.16 . 468629480 VEE, LINDA S 12 30072.74 1042.56 • - ‘V- ;' v ' • A .* • - 1. , 'V. ’V s H 477081539 HECKMAN, STEPHEN J 33 31348.00 1209.21 > 63,088.35 »• <• ♦ w, ,* / N- ."•'Vt*'''- “.t */’ • •■ ^ ■*• • r..- \ ^ ■ • • • ' I •'^ *.». V - •.V4 :* A-. . ..r , s > r *COUNCIL CHECK NO CHECK REGISTER Fri Dec 23 CHECK DATE CHECK AMOUNT 1994 00:52:09VENDOR DESCRIPTION ACCOUNT #1Page 1 032113 $106.76* ALL STAR ELECTRIC REPLACE LIGHTS 0249-4342 9272-36 OH 032114 1994/12/26 1994/12/26 $17,030.75 $18,575.40 $35,606.15* ALLIED BLACKTOP CO ALLIED BLACKTOP CO SEAL COATING SEAL COATING 0249-4346 0408-4346 002182 002182 - OH OH 032115 1994/12/26 $1,794.40 $1,794.40* AMERICAN ENGINEERING T SOIL TESTING 10/16 -0355-4306 002166 OH 032116 1994/12/26 $5.73 $5.73* ANDERSON-BRUCE TRAINING-ANDERSON 0129-4356 002158 OH 032117 1994/12/26 $2,707.20 $2,707.20* BRAUN INTERTEC ENG CMKX-93-0163 TESTING 0651-4306 052751 OH 032118 1994/12/26 $4.87 $4.87* BUDGET PRINTING UPS SHIPPING CHARGES 0129-4210 47260 OH 032119 1994/12/26 1994/12/26 $154.10 $154.10 $308.20* CELLULARONE CELLULARONE CELL PHONE-UTILITIES CELL PHONE-UTILITIES 0549-4320 0569-4320 002176 002176 OH OH 032120 1994/12/26 1994/12/26 $246.44 $125.62 $372.06* CHUNKS GARAGE CHUNKS GARAGE ENGINE WORK #169 ELEC WORK, OIL CHANG 0129-4341 0129-4341 5221E 5198E OH OH 032121 1994/12/26 1994/12/26 $5,441.00 $5,406.00 $10,847.00* CITY COUNTY CREDIT UNI CITY COUNTY CREDIT UNI SAVINGS W/H fc TRANSF SAVINGS W/H k TRANSF 9999-2030 9999-2030 002187 002157 OH OH 032122 1994/12/26 $277.50 $277.50* CITY OF MEDINA 94 SWR LINE EASEMENT 0569-4383 002198 OH 032123 1994/12/26 1994/12/26 $187.68 $505.84 $693.52* COLONIAL LIFE INS CO COLONIAL LIFE INS CO DEC INSURANCE W/H DEC INSURANCE 9999-2030 0129-4151 002162 002162 OH OH 032124 1994/12/26 1994/12/26 1994/12/26 $35.29 $35.28 $35.28 $105.85* COPY DUP PR INC COPY DUP PR INC COPY DUP PR INC TRANSPARENCY PAPER TRANSPARENCY PAPER TRANSPARENCY PAPER 0174-4210 0069-4210 0039-4210 02041006 02041006 02041006 OH OH OH 032125 1994/12/26 $38.23 $38.23* CRYSTEEL DIST INC CONTROL CABLE #426 0290-4232 1873 OH 032126 1994/12/26 $12.00 $12.00* DPC INDUSTRIES, INC CYLINDER RENTAL 0249-4233 D01075985 OH 1994/12/26 $259.14 EARL F ANDERSON ASSC STREET SIGNS-SUMMERS 0249-4232 138188 OH COUNCIL CHECK REGISTER Fri Dec 23CHECK NO CHECK DATE CHECK AMOUNT032127$259.14*032128 1994/12/261994/12/26 $525.00$150.00$675.00*032129 1994/12/26 $16.50$16.50* 032130 1994/12/26 $5.00 $5.00* 032133 1994/12/26 1994/12/26 $9,333.98 $2,612.02 $11,946.00* 032132 1994/12/26 1994/12/26 $19,320.00 $60,000.00 $79,320.00* 032133 1994/12/26 1994/12/26 $39.27 $39.27 $78.54* 032134 1994/12/26 $12.00 $12.00* 032135 1994/12/26 1994/12/26 $102.38 $102.37 $204.75* 032136 1994/12/26 $1,184.00 $1,184.00* 032137 1994/12/26 1994/12/26 $324.00 $330.00 $654.00* 032138 1994/12/26 $13.99 $13.99* 032139 1994/12/26 $66.85 $66.85* 032140 1994/12/26 $100.00 $100.00* 032141 1994/12/26 $28.95 $28.95* 1994 00:52:09VENDOR Page 2DESCRIPTIONACCOUNT #INVOICE PO NUM.MANUAL0569-4344 002171 OH0569-4344 002172 OH0020-4321 5-377-65637 OH 0549-4234 21943 OH 9999-2030 002194 OH 9999-2032 002194 OH 0908-4620 002200 OH 0908-4610 002200 OH 0099-4343 428843 OH 0099-4343 428842 OH 0129-4341 002178 OH 0569-4306 4110526 OH 0549-4306 4110526 OH 9999-2030 002186 OH 0295-4343 002184 OH 0099-4343 002184 OH 0129-4221 002161 OH 0129-4322 1094001187 OH 9999-2030 002193 OH 0129-4240 002160 OH ELMER J PETERSON CO ELMER J PETERSON COFEDERAL EXPRESS CORP FEED RITE CONTROLS FIRST NATIONAL BANK OF FIRST NATIONAL BANK OF FIRST TRUST NAT'L ASSO FIRST TRUST NAT'L ASSO G i K SERVICES G fc K SERVICES GERRING'S CAR WASH GOPHER STATE ONECALL GOPHER STATE ONECALL PUMP L.S. #28PUMP L.S. ON FERNDALMAIL PACKET TO HURR CONTAINER CHARGE FIT,FICA.MEDCR W/H CITY SHARE FICA.MEDC INTEREST 85 GO BONDS MATURIT Y 85 GO BOND FLOOR MATS FLOOR MATS CAR WASH TICKETS NOV SERVICE NOV SERVICE GREAT WEST LIFE ASSURA DEF COMP W/H GROUNDS CREW GROUNDS CREW HANSING/CAROL HENN CTY FI.'* DIV SPECIAL SERVICE SPECIAL SERVICE REIMBURSEMENT FOR SH 1994 TRAFFIC TICKETS ICMA RETIREMENT TRUST- DEF COMP W/H IPTM SPEED ENFORCEMENT MA COUNCIL CHECK REGISTER Pri Dec 23 1994 00:52:09CHECK NO CHECK DATE CHE'Page 3AMOUNTVENDORDESCRIPTIONACCOUNT II INVOICE PO NUM.MANUAL$273.00 JOHN BABLER AUTOBODY REPAIR DOOR, TRUNK L 0129-4341 002175 OH$414.10$687.10*JOHN BABLER AUTOBODY REPAIR GRILL, BUMPER 0129-4341 002174 OH $112.00 JOHN BECKMAN REINSTALL DOOR IN PO 0099-4343 002173 OH$112.00* $2.4 0 LONG LAKE POWER EQUIPM FILE 0249-4232 2539 OH§2.40* $14.61 LONG LK FORD TRACTOR HYDRAULIC HOSE FITTI 0249-4232 196533 OH ,376.00 METRO WASTE CONTROL CO SAC CHARGES-NOV 9001-2226 002167 OH,629.00 METRO WASTE CONTROL CO SEWER SERVICE-JAN 9673-1282 51480195 OH,005.00* $5.28 MIDWEST BSNS PROD OFFICE SUPPLIES ''069-4210 964582 OH$24.32 MIDWEST BSNS PROD OFFICE SUPPLIES 0129-4210 965398 OH$5.40 MIDWEST BSNS PROD OFFICE SUPPLIES 0039-4210 964582 OH$12.54 MIDWEST BSNS PROD OFFICE SUPPLIES 0174-4210 965398 OH$25.61 MIDWEST BSNS PROD OFFICE SUPPLIES 0174-4210 964582 OH$12.52 MIDWEST BSNS PROD OFFICE SUPPLIES 0249-4210 964582 OH$12.54 MIDWEST BSNS PROD off:^ce supplies 0069-4210 965398 OH$1.17 MIDWEST BSNS PROD CALENDAR BASE 0174-4210 966905 OH$6.85 MIDWEST BSNS PROD OFFICE SUPPLIES 0039-4210 968499 OH$12.54 MIDWEST BSNS PROD OFFICE SUPPLIES 0039-4210 965398 OH$7.61 MIDWEST BSNS PROD DRY ERASE MARKERS 0039-4210 954223 OH$9.29 MIDWEST BSNS PROD MISC SUPPLIES 0249-4210 971212 OH$44.03 MIDWEST BSNS PROD MISC SUPPLIES 0129-4210 971212 OH$9.29 MIDWEST BSNS PROD MISC SUPPLIES 0174-4210 971212 OH$6.84 MIDWEST BSNS PROD MISC SUPPLIES 0174-4210 968499 OH$6.84 MIDWEST BSNS PROD MISC SUPPLIES 0129-4210 968499 OH$6.84 MIDWEST BSNS PROD MISC SUPPLIES 0069-4210 968499 OH$9.30 MIDWEST BSNS PROD MISC SUPPLIES 0039-4210 971212 OH$218.81* $149.10 MILLER ENTERPRISES CONTROL BOX FOR PLOW 0249-4342 17551 OH$149.10* $744.95 MINN CHAPTER lAAI UNIFORM-MELTON 0129-4221 471749 OH$34.65 MINN CHAPTER lAAI SHIRT-MOROWCZYNSKI 0129-4221 471767 OH$779.60* $36.22 MINN COMM PAGER SERVICE-DEC 0249-4320 70660012942 OH $36.22* $550.02 MINNEGASCO MINNEGASCO CHARGES 0099-4324 002103 OH,262.11 MINNEGASCO MINNEGASCO CHARGES 0099-4324 002183 OH$42.17 MINNEGASCO MINNEGASCO CHARGES 0569-4324 002103 OH 032142 032143 032144 032145 032146 032147 032148 032149 032150 1994/12/261994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 COUNCIL CHECK REGISTER Fri Dec 23 1994 00:52:09CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT It INVOICE Page 4PO NUM. MANUAL0174-4240 002164 OH9999-2030 002189 OH 9999-2030 002101 OH 0129-4342 211029 OH 0129-4300 002179 OH 9999-2030 002192 OH 0039-4380 002152 OH 0185-4240 002155 OH 0249-4325 002196 OH 0174-4341 002170 OH 0174-4341 002168 OH 0174-4341 002169 OH 0174-4381 002163 OH 0129-4560 002180 OH 9999-2030 002191 OH 9999-2030 002190 OH 9999-2031 002180 OH 9999-2030 002188 OH 032151 $1,054.30*032152 1994/12/26 $191.70 $191.70* 032153 1994/12/26 $2,917.60 $2,917.60* 032154 1994/12/26 $10.18 $10.18* 032155 1994/12/26 $154.49 $154.49* 032156 1994/12/26 $16.00 $16.00* 032157 1994/12/26 $100.00 $100.00* 032158 1994/12/26 $88.00 $88.00* MINNESOTA BOOK STORE MN STATE STATUTES MINNESOTA DEPT OF REVE STATE TAX W/H MN BENEFIT ASSN INSURANCE-DEC MN CONWAY FIRE EXTINGUISHER TB MN DEPARTMENT OF COMME NOTARY COMMISSION RE MN STATE RETIREMENT-DE DEF COMP W/H MN STATE TREASURER NOTARY PUBLIC RENEWA 032159 1994/12/26 $22.95 $22.95* NACA TRAINING GUIDE-ANIMA 032160 1994/12/26 $1,090.22 $1,090.22* NSP STREET LIGHTING BILL 032161 1994/12/26 1994/12/26 1994/12/26 $567.74 $17.20 $83.84 $660.78* O'SULLIVANS O'SULLIVANS O'SULLIVANS NAVARRE NAVARRE NAVARRE AU AU AU BRAKE WORK - BJ.Z PIC OIL CHANGE B6Z PICKU REPLACE U-JOINT B&Z 032162 1994/12/26 $50.68 $50.68* OMAN/LYLE MILEAGE RBIMBURSEMBN 032163 1994/12/26 $1,650.21 $1,650.21* PC TAILORS COMPUTER-POLICE 032164 1994/12/26 $25.81 $25.81* PEBSCO/OBRA DEF COMP W/H 032165 1994/12/26 $1,313.46 $1,313.46* PEBSCO/US CONF OF MAYO DEF COMP W/H 032166 1994/12/26 1994/12/26 $4,691.71 $3,570.01 $8,261.72* PERA PERA PERA CITY SHARE PERA W/H , • .. • *. I mCOUNCIL CHECK REGISTER Pri Dec 23 CHECK NO CHECK DATE CHECK AMOUNT 1994 00:52:09VENDOR DESCRIPTION ACCOUNT #INVOICE PO NUM.*Page 5 MANUAL0129-4341 4605 OH0129-4341 4606 OH0129-4210 3760989 OH0129-4210 3761620 OH 0249-4220 90567 OH 9001-1^60 34833 OH 0651-4520 2543 OH 0129-4232 98625.1 OK 0129-4232 11395.1 OH 0129-4382 002197 OH 0129-4240 002197 OH 0129-4356 002197 OH 0129-4356 002156 OH 9001-3131 002165 OH 0129-4356 002177 OH 0129-4381 002159 OH 0099-4349 002195 OH 0129-4349 002195 OH 0569-4344 11656 OH 0174-4356 002154 OH 0129-4221 471766 OH 0129-4221 468916 OH 0129-4221 471841 OH 032167032168 032169 032170 032171 032172 032173 032174 032175 032176 032177 032178 032179 032180 1994/12/261994/12/261994/12/261994/12/261994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 1994/12/26 $12.00$19.53$31.53*$10.52$6.85$17.37*$29.26 $1,756.61 $1,785.87* $5,083.00 $5,083.00* $21.61 $13.85 $35.46* $59.86 $42.39 $6.69 $108.94* $21.16 $21.16* $50.40 $50.40* $5.41 $5.41* $6.00 $6.00* $20.08 $10.02 $30.10* $1,612.85 $1,612.85* $330.00 $330.00* $101.60 $103.80 $24.44 $229.84* PRO TIRE fc EXHAUST PRO TIRE fc EXHAUSTRITZ CAMERA RITZ CAMERA ROLLINS OIL CO ROLLINS OIL CO SERVICE PKG #169 OIL CHANGE #168FILM PROCESSING FILM PROCESSING BAR & CHAIN OIL UNLEADED FUEL STEENBURG-WATRUD INC REPLACE SALLY PORT S STREICHERS STREICHERS StJLLIVAN, STEPHEN SULLIVAN, STEPHEN SULLIVAN, STEPHEN THOMTON, MARK TIM BELL TOMCHECK, LARRY TOMCZYK, MARK TOWN 6 COUNTRY TOWN & COUNTRY TRI STATE PUMP U OF MINNESOTA UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFORMS UNLIMITED BLUE FILTER FLASHLIGHT BULB HENN CO CHIEFS MTG-S CORPORAL TRAINING FIRST AID TRAINING'S 1ST RESP. TRAINING-T BLDG PERMIT FEE REFU 1ST RESPONDER COURSE REIMBURSE PARKING-TO LOTION SOAP LOTION SOAP REPAIR PUMP #1, GRIN INSTITUTE OF BLDG OF HOLSTER-PERSELS TROUSERS-ANDERSON MAG CASE-PERSELLS I ^ . «• * COUNCIL CHECK REGISTER Fri Dec 23 1994 00:52:09 Page 6CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT tt INVOICE PO NUM. MANUAL0321811994/12/26 $30.00$30.00*UNITED WAY CHARITY DONATIONS W/9999-2030 002105 OH0321821994/12/26 $95.85$95.85*WARNING LITES OF MN BARRICADE RENTAL 0249-4331 66790 OH 032183 1994/12/26 $111.00 $111.00* WESTONKA CHMBR COM MEMBERSHIP DUES 0039-4380 002199 OH 032184 1994/12/26 $8.00 $8.00* WRIGHT HENN ELECTRIC SECURITY LIGHT 0249-4324 002153 OH 032185 1994/12/26 $160.14 $160.14* YOCUM OIL CO INC HEATING OIL-GOLF COU 0590-4324 11299 OH 032186 1994/12/26 $2,167.24 $2,167.24* ZIEGLER INC PAINT GRADER 0249-4342 WM5383248 OH $206,793.29 m * r*COUNCIL CHECK REGISTER Fri Dec 30 •1994 00:05:00 %Page 1CHECK NO• CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT INVOICE PO NUM.MANUAL0321901994/12/30 $44.05$44.05*AT&T INFO SYSTEM DEC SERVICE 0129-4340 5217904433 OH 032191 1994/12/30 $400.00 $400.00* BCA/TR.MNING & DEVELOP FIREARMS TRAINING-TO 0129-4356 T000219 ■ OH 032192 1994/12/30 $506.81 $506.81* BOUSTEAD ELECTRIC & MA REPAIR #1 MOTOR L.S.0569-4344 391887 OH 032193 1994/12/30 1994/12/30 $5.53 $5.53 $11.06* CELLULARONE CELLULARONE CELL PHONE-UTILITIES CELL PHONE-UTILITIES 0549-4320 0569-4320 002205 002205 OH OH 032194 1994/12/30 $770.00 $770.00* CIRCUIT RESEARCH CORP WATER TESTING 0549-4306 41221352 OH 032195 1994/12/30 1994/12/30 1994/12/30 $870.00 $128.45 $58.00 $1,056.45* CITYVIEW PLMBG & HTG CITYVIEW PLMBG & HTG CITYVIEW PLMBG & HTG INSTALL NEW BURNER-P REPLACE SHUT OFF VAL REPAIR FAUCET IN LUN 0099-4343 0590-4343 0129-4343 18011 18014 17915 OH OH OH 032196 1994/12/30 $87.40 $87.40* CYS UNIFORMS UNIFOMR-TOMCHECK 0129-4221 12364 OH 032197 1994/12/30 $5,265.00 $5,265.00* E-Z RECYCLING DEC SERVICE 0295-4392 002201 OH 032198 1994/12/30 $474.77 $474.77* EARL F ANDERSON ASSC PICNIC TABLE 9112-3840 138372 OH 032199 1994/12/30 $61.50 $61.50* EXPRESS MESSENGER DELIVERY TO POPHAIM 0299-4303 08-144366 OH 032200 1994/12/30 $127.32 $127.32* G & K SERVICES FLOOR MATS 0129-4343 436413 OH 032201 1994/12/30 $18.70 $18.70* HALLIN/DOROTHY MILEAGE REIMBURSEMBN 0039-4381 002204 OH 032202 1994/12/30 $11.48 $11.48* HASEMAN, CAR'»LE MILEAGE REIMBURSEMEN 0039-4356 002202 OH 032203 1994/12/30 $38.50 $38.50* ICMA GUIDE TO IMAGING SYS 0039-4240 002206 OH 032204 1994/12/30 $46.10 $46.10* INNOVATIVE MICROGRAP 35MM PRINTS 9001-3500 13479 OH 032205 1994/12/30 $32.00 $32.00* MAMA MAMA LUNCHEON-MOORSE 0039-4356 002203 OH COUNCIL CHECK REGISTER Fri Dec 30 1994 00:05:00CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT it INVOICE0322061994/12/30 $122.40$122.48*NORTHLAND BUSINESS DICTATING CASSETTES 0129-4210 101951994/12/30 $964.38 NSP NSP COSi 0099-4324 002207 1994/12/30 $568.55 NSP NSP COSTS 0549-4324 002207 1994/12/30 $181.68 NSP NSr COSTS 0249-4324 002207 1994/12/30 $418.50 NSP NSP COSTS 0129-4324 002207 032207 199; '12/30 $310.69 $2,443.90* NSP NSP COSTS 0569-4324 002207 1994/12/30 $31.20 PIONEER AD FOR BIDS-MAT Sc EQ 0249-4322 918 032200 1994/12/30 $12.32 $43.52* PIONEER PERSONAL WATERCRAFT 0174-4322 212 032209 1994/12/30 $29.53 $23.53* PRO TIRE & EXHAUST OIL CHANGE, BRAKES #0129-4341 4669 1994/12/30 $6.81 RITZ CAMERA FILM PROCESSING 0129-4210 3762457 032210 1994/12/30 $0.81 $15.62* RITZ CAMERA FILM PROCESSING 0129-4210 3762259 1994/12/30 $53.56 SCHWAAB INC NOTARY STAMP 0129-4210 L59O1O0 1994/12/30 $107.10 SCHWAAB INC NOTARY STAMPS 0039-4210 L59O1O0 032211 1994/12/30 $40.11 $200.77* SCHWAAB INC RUBBER STAMPS 0039-4210 S153539 1994/12/30 $31.79 STREICHERS 3 CANISTER-PEPPER GA 0129-4221 12519.1 032212 1994/12/30 $35.28 $67.07* STREICHERS FINGERPRINT EQUIPMEN 0129-4232 99406.1 032213 1994/12/30 $141.68 $141.68* THE LAKER ORDINANCE IU30 0039-4323 925 1994/12/30 $744.95 UNIFORMS UNLIMITED UNIFORM-MELTON 0129-4221 471749 032214 1994/12/30 $74.16 $819.11* UNIFORMS UNLIMITED UNIFORM-INTERN 0129-4221 475351 1994/12/30 $26.63 US WEST COMMUN DATA COMM 0569-4355 002208 1994/12/30 $44.38 US WEST COMMUN DATA COMM 0174-4355 002200 1994/12/30 $17.75 US WEST COMMUN DATA COMM 0549-4355 002208 1994/12/30 $65.31 US WEST COMMUN US WEST COSTS 0549-4320 002208 1994/12/30 $257.99 US WEST COMMUN US WEST COSTS 0590-4320 002200 1994/12/30 $248.85 US WEST COMMUN US WEST COSTS 0129-4320 002200 1994/12/30 $55.60 US WEST COMMUN US WEST COSTS 0175-4320 002200 1994/12/30 $44.37 US WEST COMMUN DATA COMM 0069-4355 OO.'>2O0 032215 1994/12/30 $44.37 $805.25* US WEST COMMUN DATA COMM 0129-4355 002300 1994/12/30 $16.66 WESTONKA GLASS SERVICE REPAIR WINDOW 0590-4343 7230 PO NUM.Page 2 MANUALOHOH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH COUNCIL CHECK REGISTER Fri Dec 30 1994 00:05:00CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT If INVOICE PO NUM.Page 3 MANUAL032216$16.66‘032217 1994/12/30 $817.35$817.35*YOCUM OIL CO INC DIESEL FUEL 9001-1299 123388 OH$14,474.08 COUNCIL CHECK SUMMARY Fri Dec 30 1994 00:05:04FUND001GENERAL FUND $11,319.41FUND»112 PARK FUND $474.77FUND#672 WTR OPERATING FD $1,427.14FUND»673 SWR OPERATING FD $849.66 FUND 674 G/C OPERATING FD $403.10 $14,474.08 i ‘ \ "•r Page 1 : 1 information ITEMS COUNCIL MEETING C^iJutiLMEEnNG JAN 9 1995 CITY OF ORONO OF I %- Hennepin County JL An Equal Opportunity Employer / IHK^*«lfl \•nnl \ Hr. John Gerhardson Director of Public Works, City of Orono 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Re: CSAH 15 Striping Alternatives December 12, 1994 DEC 2 9 W®* . . :>o Dear Mr. Gerhardson: In the fall of 1993, as a result of complaints of traffic backing up on westbound CSAH 15 at CSAH 51, Hennepin County staff and the City of Spring Park began looking into striping alternatives from east of CSAH 51 to CSAH 125. Prior to approving any changes, the Spring Park City Council requested County staff to ask the cities of Mound and Orono whether or not they were interested in making any striping changes in their respective jurisdictions. Based on our meeting of October 5, 1994 with you, Mr. Ron Moorse, and Mr. Jerry Smrcka, the City of Orono staff has decided not to pursue any change at this time. For the record, Mr. Ed Shukle, Mound City Manager, has informed the County that the Mound City Council is interested in making some minor striping changes from Wilshire Blvd. to Bartlett Blvd. This segment is basically two lanes and transforms into a three lane center two-way left turn segment at Bartlett Blvd., near the east city limits. To the west of Wilshire Blvd. a four lane roadway exists. The proposed plan would extend this section to the east about 750 to Fairview Lane. From Fairview Lane to the in-place three lane segment (approximately 2000') the roadway would become a new three lane segment, eliminating any two lane areas in the City of Hound on CSAH 15. By copy of this letter. County staff is planning on informing Spring Park of the positions of Mound and Orono. Please inform me as soon as possible if 1 have misinterpreted Orono’s position on this matter. Sincerely, Jh^etlbre J. Hof^^ifT P-E. Operations Englrr^er TJH/saa Department of Public Works c: Edward J. Shukle Jr., City of Mound Jerome P. Rockvam, City of Spring Park 320 Washington Avenue South Hopkins, Minnesota 55343-8468 (612) 930-2670 FAX:(612) 930-2513 TDD:(612) 930-2696 Rccyt-UJ Paper • ^ /■ • ‘ t % • f % ' " ' - ' \mi r TMOIIAS a MKX D. NEALJ. UWSON ASSSTAffTTO ORONOPUBUC Schools Dsnucr OmcE • 685 OLD C rystal B ay road N orih RO.BOX46 » ! V » X ri^% cr O^MO n I rS fr-' January 5, 1995 JAN £ ^ -tAner Mayor Edward Callahan City of Orono Orono Village Hall Box 66 Crystal Bay, MN 55323 Dear Mayor Callahan: On behalf of the Board of Education and myself, I want to take the opportunity of this brief letter to thai^ you, the City Council and the Orono staff the hospitality that has been sho%m to the School District. The Council Chambers provide an excellent and appropriate meeting site for the Board of Education. Please also know that the graciousness and consideration that has been shown to us by the city's staff has made our transition to your facilities a very real pleasure. Again, thanks to all for helping us to solve our facilities problem. Sincerely, .p. ' * * *••• • • *4 • . # •• - 7'- '■ . •« ; .V ,• *. i . ..>. • • • • A *.>W . ^ i ».•*. »..«'• I • ■ "• . • t • • * B. Mich, ph.D. Kerintendent of Schools a. .., > * t- */a- * up. .? • *•! .-I >» « ' tm • ■ *r k TBM:eaz Long Lake . Minnesota 55356-0046 , 9 r.' • f ■. 612.449.8300 612.449.8399 FAX An Equal orroKTVtm EmonN ^ k « riESO^TH DEO 1 4 199^ December 12, 1994 TO ALL WHOM IT SHOULD CONCERN: STATE OF MINNESOTA OFFICIALS HENNEPIN COUNTY BOARD OF COMMISSIONERS city of ORQNQ COUNCIL. MAYOR. ASSESSOR METROPOLITAN COUNCIL WESTONKA SCHOOL BOARD AND SUPT. ALL OTHER TAXING DISTRICTS Subject: Proposed Property Tax for 1995 PID 17-117-23 21 0020 Munic 38 Are we upset? You bet. Enough is enough. Do ar ^ of you really understand that the “wells" are going dry? Did the National elections on Nov. 8th not send a message that all Federal, State, County, Municipal, School Systems must meet required fiscal responsibilities that is based on the taxpayers resources and abilities to pay for your needs. Tax reductions? Never heard of it! Our total taxes have increased 16X since we bought this home in late 1993. County up 12.7X. City up 7%. School District up 18.37X. Other Taxii.g Districts up 90%. And these are increases for Just 1994 & 95. Our tax Increases totalled $1000 over this period. That’s tf\e Increase, not the total tax. We retired In 1993 to this 1910 home on the lake. It was our dream after many long years of hard wo.rk. At this rate of tax increases we cannot stay here. Not on a fixed income. So we say to you all, collectively; Do you really have a clue to what your increasing budgets are doing to the taxpayer? Do you care? Probably not, it seems. Sincerely, Tom & Marilyn Swanson 1740 Shadywood Rd. Orono. MN 55391 471-0408