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06-12-1995 Council Packet
AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 12, 1995, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items sre 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. L ROLL CALL ♦ 1. CONSENT AGENDA 2. Interview Park Commission Applicants 7:00 p.m. Robert W. Langguth 7:05 p.m. Andrew Ronningen 7:10 p.m. Mamie Jin 7:15 p.m. Janelle Peterson 7:20 p.m. Richard P. Meyers APPROVAL OF MINUTES * 3. Regular Meeting of May 22, 1995 PARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS - Stephen Peterson Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 4. Zoning Ordinance Amendment - Adult Shelter • ^ 5. #1999 David and Vicki Vickerman, 2475 Dunwoody Avenue - Conditional Use Permit/Vanance f 6. #2^7^Tony Eiden Co.. 2800 Countryside Drive West - Conditional Use Permit - Resolution Jtl. #2015 Mark Harrington, 4080 Bayside Road - Conditional Use Permit/Variances - Resolution #2017 William Hibbs, 1905 Eagerness Point Road - Variances - Resolution ^9 #2018 Richard Bom, 1991 Eagerness Point Road - Conditional Use Permit - Resolution 10. #2022 Robert Melamed. 920 Old Crystal Bay Road South - Preliminary Subdivision - Resolution MAYOR/COUNCIL REPORT ENGINEER REPORT 1 i Willow Drive Intersection Improvement Costs - Information Only CITY ADMINISTRATOR’S REPORT ~ifl2. Personal Watercraft Ordinance Amendment > 13. Employment of Part-Tinv C.S.O. - Dave Nelson ^Yl4. Temporary Employmenr .u ( io!f Course 15. Request for Off-Sale Liquor License .^16. Bid Award - Crystal Bay Playground Equipment 17. Employment Matter CITY ATTORNEY’S REPORT AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 12, 1995, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*18.) LICENSES (*19.) BILLS UPCOMING ISSUES AND EVENTS 06/12 - Council meeting 7:00 p.m. 06/19 - Planning Commission meeting 7:00 p.m. 06/26 - Council meeting 7:00 p.m. 07/04 - HOLIDAY - Independence Day (Tuesday) 07/10 - Council meeting 7:00 p.m. 07/13 - Park Commission meeting 7:15 p.m. (Thursday) 07/17 - Planning Commission meeting 7:00 p.m. 07/19 - Highway 12 Policy Committee meeting 5:30 p.m 07/24 - Council meeting 7:00 p.m. PLANNING COMMISSION .COUNCIL PUBLIC ATTENDANCE MEETING DATE A11 6 -/^-9 6 PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER i .SfV3d4-\lUAvC..A>>- ^ 0! I\lLS .N -Jc<TVS p Lu)m\ t • ^-------------------------------"1 ^ ■ ■ ■"—— ■ ■ '^/ly/I ^ \U’ I f 1 V/C ^ t-----------------—---------------------------------------------------------------------- |r ^>1 L.f- .A. 1 1 I • f^cLtriL.t^ ryj. ScA l\ ^ i-Vl .■ rT (('. -A,-, r 2 V/d Uc*l^J M'"^; liLf. ’ C1 Avv r "2 Z 0 JT _______ V.S Ac )f <o v/ ^ C!Zl 9? >S 5~W«- p<< j ^hUi/^cr ^ P( . i -?/^V OZ(>CtCi\ ^ A 7 Cl<. 'f . l/}n /1r \/f'rs ^ 1 9 '-1 py/^/ L\ .’/«2 rlCLC*’ ^ “Pk.. L k ‘. 4 t%v. J 5 cn !A^ ^A' yjJ^ t^Ot/l 'Sss _________ /4/.S/>:X''m/ , 'D^OC ou\!^ (i (Jk’CT^ /t^'AyL,''‘tf..7^ -K---------- PLANNING COMMISSION COUNCIL PUBLIC ATTENDANCE MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 3> :>c 4>iyJrA.. Ktt:. .1 \ _____________ ~f7Za7T. 'yy/y il .3^J ^4 <17^Z ^ A(/___ 9. 10 •____L'Vin ■. .jEiki n 7 Siw ka\fm Li. 13. ^7L< <• J /t< <P-^ /?A y t /rcL! /tn f 3/// Old Cck^^ fUi Ml ^ 4yfi'l Ij^fh ' /-ithcrq 077Z III , t - IQ. //'T/ . ySl'C C/^'/t _______ 20. hj^^^efcjLw^ 'XytIc (TvLc^ Pc-T 2.(9ig.v^ ^ 1/*-^L^ / /; / . (In/u'ikl i £ PLANNING COMMISSION COUNCIL PUBLIC ATTENDANCE MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (£rom agenda) NAME OR NUMBER 1. 2 / 1 n- Uitdi,—•f \s; Mi V z 7------------3 (■>■()—, ---------/ftj sJ e 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. -.A, REQUEST FOR COUNCDL ACTION DATE: June 7 V'-', ''' ITExM NO: p— ^ Department Approval: Name Dorothy Hallin Title Citv Clerk Administrator Reviewed: Item Description: Interview Park Commission Applicants Agenda Section: City Administrator’s Report Attachment: 1. Applicant's Application Form for Park Commission 2. Park Commission Applicant Interview Question Form (5 copies) At the meeting of May 22, 1995 Council set June 12 as the date to imerview the applicants for the Park Commission. The following times have been assigned to the applicants: 7:00 p.m.Robert W. Langguth 7:05 p.m.Andrew Ronningen 7:10 p.m.Mamie Jin 7:15 p.m.Janelle Peterson 7:20 p.m.Richard P. Meyers The attached sheets of interview questions are for Council's use during the interview process. One applicant, Irene Silber, wUl be out of town on June 12 and has requested to be interviewed at the June 26th meeting. COUNCIL ACTION REQUESTED: REQUEST FOR COUNCIL ACTION DATE: June 8, 1995 ITEM NO; Department Approval: Name Dorothy Hallin Title City Clerk ipistator Reviewed:Agenda Section: Licenses Item Description: Licenses Home Occupation License Initial Application Julie LaVere 995 Wildhurst Trail Site Evaluator/Designer License Swedlund Septic Chaska Septic System Installer License Coppin Sewer & Water Mound Mid-Minnesota Concrete/Excavating, Inc. Anoka Swedlund Septic Chaska COUNCIL ACTION REQUESTED Motion to approve above listed licenses CITY of OBONO Mun:c?alC2< Post Otict Box 6£ CrvTJJ Bar, ML-Jieota £^Zi-p066 _ * • • • * * TXLEPKO.v X--*^'^^ • EV'C-J^Sl® S66I 8 AVH application for Coniniission Applying -o-. CITI22^I ADVISOR? COieilSSlONS ^Parks Corrjnxssion Fores (N3I3S) Planning Comission Name community Tas« -C.se s.a.e .=us reasons ' : (Please be as specific necessary.) . Drjro a/^c/ /As ;i7^S3ZiaiiiAi^^t—------------------------ y ■I-, the Commission? What is your view of the to j J A „//>^ /A-S r //tut n “ —7^ 4 Ti^dc 3oy foirth©3» other C°““«”‘=joaiy irte‘\he Council to IL^My a 1 s o ^ consider -) I oodetstand this appoiotaeot may he meeting. discussed at a poblic • a Date Signatur CITY of OHONO Municipal OSscs Post Ofic* Box « CfvsaJ Bar. Minr.eota . ^ 1 2 1995 MVISORr CObKISSIOSS a?pi.icxTioa roR Ci.i—J connission Applying rozi P Parks Cstrjr.ission Z] Planning Conunission __1 Conr.anit'/ Tas/Cm,e> Force (Ms~e) Kit3g.evAj - . 2030 c/\scO__^ll£LAdcress ------------------------------- post Office 6 Zip code Telephone («/ ----- 1 3/M vears.Resident of Orono ----L ^ 1 —‘ (W) work Experience: rtAsjati Av^^kgtl>' -Accdii a.^c( Qj'* '*- Education M(2,A ^VlT ___^ fo)ri<JWvC /'-P ~fVv!aaii • «. - (Please be as soeci necessary.) ,(., irr.^ h'P^ i.,^./lel l.(^ jz.ere-far( «.3t is yoss ,ie« of t.e ""‘‘'"I’ HV.-I- r. b^^iufcJfepfa^ '’^ ec+ei. AA<i_JlS- ^ SoU/ T U</t Or/v^«s '^o'~ .^<pf'-frvf. ,Vv^|f><^<^'t iWlk: ■*^'"Jr I uoderstand this appointmaot may be discussed meeting- a P ablic ianacure rwr 1? 'ST iFECI-^ rinP) E’S CUiTOriEF icF- ICE F. 1StarTribuneN e W s >> A p' g A C r T H g TWIN C I 7 I 8 $ DISPLAY ADVERTISING 425 Portland Ave., Minneapolis, MN 53488 FAX TRANSMISSION COVER SHEET ro: DATE: ar- V'iA■?£ COMPANY: TIME:___ fELEPHONE NUMBER: 'JO. OF PAGES (Including This Cover Page): —d: FROM: FAX NUMBER (612) 673-7783 MESSAGE: ~ — *a»y CITY of ORONO Municaal ?*iorf:c«Box5<i ^ C-TiaJ Bar. Mlnr-e«» iSip-y>» 72I^K0>X-473-‘T357 • EJlS • 4T3-0»’‘^ -ten ?0R cerezzN «viso« co«i:ssioss Co'rJT'.ission Applyi^? -cr: / □ CoiTC-.ur.ltv eas:< roroe ;Ma3*> ✓1 Planning Ccr~ission v llaiie Address pyz ' ' ' pos■S Office & Zip Code (K) (W^^ y_ Resident of Orono veers * Work Experience: Education Civic .od volanteer Actlvltl.s (past and preaant, j /(l /\J^ S* i ^ V '• ^ I X.MAMIE M. JIN 3721 Casco Avenue Q-rro. ‘•"•J 55391 Hone: (612)^71-8369 Wore (612)6/3-7039 NOTABLE MANAGEMENT ACCOMPLISHMENTS c Restructured arc managed a rrarufacturing service business to reverse a net loss ir tne crevious year to a net profit 1n the following y^ar. o Develooed arc installed a orocucticn control and inventory tracking systen wrier reduced inventory levels by $500,000 in a turnaround situation, o Coo''dira:ec the reorgamzatiur in a mic-slzed company from functional decartrents to four business units while 1modementing multiple work reces-^ens for ere the units. o Conceived and initiated an exce^imental team which reduced errors by 50 oercent ard cut turnaround time by 66 percent, o Developed business plans and financial proiections for start-up companies which resulted in the attainment of bank f^nanc1ng. EMPLOYMENT HISTORY Star Tribune, Minneapolis, MN: 2/90 • Present 1992-Present, Director of Planning and Administration (Marketer Customer Unit) c Coord'rate arc facilitate business plarning. budgeting, reporting. resource dllccaticn. and decision making. 0 Integrate culture ana organizational change strategies and efforts, o Provide leadership in the definition and establishment of business and quality measurements. o .Assist mari^et groups in developing quality/customer satisfaction strategies and coordinate efforts. o Provide financial and operations management for department, which includes facilitators and specialists. 1990-1992, Customer Quality Systems Manager o Manage special projects, including formation of a customer satisfaction program, support of redesign efforts, development and management of sales incentive programs, development of new advertising policies, generation of special financial analyses, and initiation of customer satisfaction data collection. o Provide financial and operations management for the Advertising Customer Satisfaction Department. Grant Thornton. Minneapolis, MN: 5/88 • 11/89 Senior Management Consultant o Advise and help clients to Improve profitability and business operations, c Prepare ard present seminars for enhanced client service and lead generation. Ditec Corporation. New Hope, MN: 6/81 - 5/88 1985-1988. Controller ond Operations Manager o Coordinate and manage operations area. c Oversee accounting functions, including production and analysis of financial statements and management of cash accounts, o Direct efforts for new medical product ventures and produce business plans. 1983-1985. Project Manager 0 Develop and implement the company’s new computerized database and accounting systems. c Initiate new quality/statistical control programs and processes. EDUCATION , College of St. Thomas. St. ?cJ 1. Masters 'n Inte^ratior^c ■ MaraoeTent. Adcitlcnal CcL.rseAork; Corpc-ate Marketing. \!‘/ent'jring.St.^““tegic ManageiTient University of Minnesota. Minneapolis, MN Bachelor of Arps. Major: Political Scierct; Minor; Speech-Communications. Acaiiionai Coursework: Accounting (degree equlvalent.-'approved for CPA Exarn). Business. Econcmcs. Organizaticnal Development. Professional Development Seminars: Star Trioure; CD! Interaction Hgxt; La-ry Hine'''s Design for Totvil Quality AQP Fall Forum: Ensrging Issues in Participative Leadership American Marketing Assoc* Measuring Customer Satisfaction and Quality Grant Thornton; Sales ard ProocsarSeninars University of Minnesota* Industrial Eng Mgrrt: JIT; Leadership Devel Prog Princeton University* Bus ■‘ness Tcmmorrow VIII Conference (1 of z students chosen to represent the university o'" Minnesota) American Management Institute; Project Planrrng and Management Semina*^ Minnesota Mining & Manufacturing (3M): Pnil Crosby's Quality Improvement through Defect Prevention; Basic Statistics and Process Control o o HONORS AND AWARDS c Star Tribune Finance Oivisicr, Award for Outstanding Employee Contributions (Awarded within 4 montns of employment) 0 Who’s Who in American Colleges and Universities o Julia Carson Scholarship for Leacersnip in the Minnesota Union o University of Minnesota Student Leadership and Service Award - Granted three times o Order of Omega Honorary Fraternity: Rho Lambda Honorary Sorority CURRENT AND PAST ASSOCIATIONS AND AFFILIATIONS 0 American Production and Inventory Control Society (CPIM Certified) o Association for Quality & Participation. Regional & National Team Competition Judge o Katandin, Boaro'Member r Anoka County Chamber of Commerce. Business/Educ Partnership Chairperson o Leadership St. Paul Program, St. Paul Area Chamber of Commerce o Minnesota 100, Program Participant/Mentee c .Ajnerican Society for Quality Control. MN Quality Conference Committee o Maple Grove Park & Rec Board. Board Member c Minnesota Council for Quality, 1991 MN Quality Award Examiner o u.S. Tennis Association. Team Tennis Co-Captain o Minnesota Union Coordinating Board (Policy making board for University Student Center and two Unions). Board Chairperson. Long-Range PIannng/Finance Chairperson. .Activities Grant Fund Chairperson c Coffman Union Program Council. President. Vice-President of Finance. Current Events Programming Coordinator o Greek Release Newspaper, Editor-in-Chlef REFERENCES References, a consulting resume with itemized projects, and/or a complete list of business accomplishments, business courses/training, and past/present activities, honors and awards will be furnished upon request. CITY of ORONO MunidpaJ OSces P«OfCc«Box6o^^ Biv. \Iinn«90tasi--->-W»<> ,Cj.yjal Bar. TELEPH0.SX-«3-nST • -OR C-TI2SN SDVISORI COMMISSIONS PPLICATION rOR u-J.- MAY 1 5 1D9S r---- Corcaission -or. Ccnraission Planninc Conaaission Germanity Task £9 (Name) Name Aedress post Office & 2i? Telephone (H) Resident ot Otono // _years •• . ^ ir ^ waotinq to serve on this Coinnission Please state your ^possible. Dse additional sheet if (Please be as sped necessary-) ^» / // /l/y<2yC^Cy'rt^ ■ ^ of the role of the Commission? What is your view of the .. . . .^ To '^J. 'fyi «-rt include any farther Other Comments: ,i^^%g\he City Coancil to You may b2-SO^ ^ y ___ JU^ •h 7 may be discussed ^ Ms- meeting - S icnacure JLZ /UUj^ v4 • • • - .' ft /CITY of ORON' ifOl‘ ii" 'rr^ o % /// Munidpal OCca Pott OfEct Box 66 Cmol Bay, Mtanaaota ££323-0066 * » . • • ■ • • • ■nxEPHONE-«3-7357 • EAX-473-0510 f C.TYOf 3 i ORONO J ClECiU^viTIlW - ^-------- APPLICaTIOS POR CITIZEN ADVISORY COMMISSIONS rei 27 jfiss Commission Applying For: X Parks Commission Planning Commission Community Task Force (Name) Name RICHARD P« MEYERS, Address 2195 Baw-tp^ Place. Oroni Post Office & Zip Code ------55391-9546 Telephone (H)471-8288 (W) 348-6589 Resident of Orono years . Work Experience: - - - - - -- county Sheriffs Hepart^enr 18 yea» n>o„tv re.pon.IbU tor Sonrh West Metro reglonj . . .. th. Patrol. T..-<ke Minnetonka last five years a Previous five yaars Education ^ . Urb;^n Studies University of Minnesota \97± .A ...MIC safety Curriculum and instru^on University of St,_Tl^1990 Civic and Volunteer Activities (past and present) fho ritizens A,^^Hgnrv Commi t^'gg for thg rlnim^r^n o£ rhp CUizens.A----------------- for cedar Lake Park renovation • Project; Member of the planning committe--- - - - - - - - --- - - - - - - - - itlon - wanting to serve on this Commission Please /°gpecific as possible. Ose additional sheet if ^ r 3necessary- lifelone interest in conservation I,want to be of service to my community- I have a iite-------------------------------------- ■- - - - - - - - - - - -- r _ ___ _ __ nrono's of life. Parle planningissues and want to help enhance and preserve - - -a- - - -- - - - -- ' . - _ _ _T uant to help develop anis my avocation and my legacy for future ganaratlons. 1 w- - -^- - - ^gTafedOl: ar of the Commission?Hbat is yout view of the role of t A chn,.1d he-a eqyf ^"”^^^ * ** * Till/at b** ‘in fd»f"at m rhr rrnlo?'**’^^ Itinf*-y ^nvn'l^rpnpnt. nnfl nn Rflvnrat.a. other „,^'’*lllceVbe liw'coMcii “to “consider,‘srssris -ilao attach other materials yo consider-) ~ ................ ' ' ...........................^ .JO- , islands, an - --toundln. cornmnnltlea. I__ icnowledya of the lake. ------------------------------------ ^ ^ ,ears , , ................ nn safety .............................. --------— --------------- csstnr^ng ary arrest warrants JJinnslble for have.:hpr^ff's Deputy res ■ Upp»f.p^n Countyii __I well_--------—nrmintf *u llfethat-flxono , „ ^, , ■ , a Hava n1 ■ rn^ cm ^'.f V. provides. I am an avid hilar Sipriotivrfnf ^rire In «^iTc X ^rn;^S=;:sran%nh^rapporjent may he discussed at P meeting- ORONO CITY' COUNCIL MEETING MINUTES FOR MAY 22, 1995 ■7 J ROLL The Council met on the above date with the following members present: Mayor Edwafd ? Callahan, Jr.. Council Members J. Diann Goetten, Gabriel Jabbour, Charles Kelley, and JoEIlen Hurr. Representing Staff" were City Administrator Ron Moorse, City Attorney Tom Barrett, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gafffon, City Engineer Glenn Cook, and Recorder Sherry Frosi. Mayor Callahan called the meeting to order at 7:00 p.m. (•#1) CONSENT AGENDA Item #8 was removed from the Consent Agenda. Items #5, 7, 16, and 18 were added. Jabbour moved, Goetten seconded, to approve the Consent Agenda as amended. Ayes 5, Nays 0. (#2) 7:00 P.M. PUBLIC INFORMATION MEETING - PLANS FOR COUNTY ROAD 15 LMPROVEMENTS Callahan noted to the public that notices were sent to the property owners adjacent to the Bracketts Point section of County Road 15. This item has been removed from the agenda until the Council has had an opportunity to review the plans for this segment. The property owners were notified of this change. The purpose then of the meeting is for the County staff to present the plans for the segment of CoRd 15 from the Orono Orchard Road intersection to the eastern Orono border into the Wayzata aro. public were given an opportunity to review the layout and materials regarding this issue. Bruce Polycyzk of Hennepin County said no changes have been made to the layout from the last meeting regarding the reconstruction. At that time, the Council asked County staff to review the layout with the City of Wayzata. The Wayzata Council has adopted a resolution on the preliminary layout for CoRd 15. During the review of the layout, Polycyzk was asked why there would be an 8' paved shoulder. The road design requires the shoulder size. Because of state aid sources, the road must be designed by the state standards. No parking will be allowed on the shoulders but can be used for disabled vehicles and a walk/bikeway. The County will ask the City for a resolution to prohibit parking. It was noted that the design speed of the road is 40 mph with 50 mph further east near the City boundary. The curve area speed is designed for 30 mph. The Orono border speed limit would be posted at 35 mph. Jabbour commented that a study would be done where car speed would be clocked and an average used to see where the 35 mph should be located. The 45 mph designed road would require that the road not be posted above that design speed. 1 MINUTES OF THE REGULAR ORONO CITY’ COUNOL MEETING HELD ON MAY 22,1995 (#2 - County Road 15 Improvements - Continued) Kelley asked what would happen with the unsuitable material in the area. Polyc^fzk said a decision had not been made as to whether to remove it or float the new road over it. The County was asked what access would be allowed during the reconstruction. The possibilities are to close off portions of the road, add detours, or nan ow down the lanes. The County must allow residents the ability to get to their properties. Hurt asked when the construction is scheduled Polycyzk said the project is funded for the 1995 year and would depend on how fast the process for approval can be completed. Kelley asked if it is better to complete the work in the wintertime due to the soils. Polycyzk said it was better but not necessary The problem is with the portion east of the City limits where there are wetlands on both sides of the road that will need to be mitigated. Hurr said if Bagley Road were to be closed permanently, mitigation could be obtained there. Kelley asked if a lift station would need to be moved Bruce said this would have to be reviewed. A public comment was made about the acceleration lanes. During the winter, snow is plowed into these lanes and would result in the loss of the acceleration lane. Those pulling onto the road at these times would find it difficult. Jabbour suggested blacktopping the shoulder. Goetten asked what the steps were in the process. Polycyzk said the resolution approving layout is the first step. A comfort level with the detailed design would be found next. Time would then be allowed for the right-of-way negotiations based on the layout. Goetten asked that public notification be given regarding the process and road layout. Bruce said a letter would be sent out informing the public of the steps to be taken in the ro^td reconstruction. Callahan inquired of the City road by the Norton property. It has been maintained as a street right-of-way and would be returned to green space. Callahan was concerned with one owner being cut off fi’om his property near Orono Lane. Polycyzk said an agreement would have to be made and the drive relocated. A member of the public asked about the control for crossing traffic noting the difficulty in pulling out and the possibility of installing stop signs. Polycyzk said stop signs would be dangerous at this location, and lanes will be constructed for left turns. The citizen was concerned with the continuous stream of traffic and being unable to pull out at all. Polycyzk felt gaps would be created to alleviate a continuous stream of cars. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22» 1995 (#2 - County Road 15 Improvements - Continued) Polvcyzk agreed that driveways and intersections are points of conflict but sees less points of conflict here than in many areas. The traffic counts were 15,000 cars d^Iy in 1991 and estimated to add an additional 10,000 cars by 2001 . The center lane will help alleviate some traffic problems Goetten said her main concern was people using the center lane for passing. Callahan called the formal meeting back to order and asked for comments. Don Gamble said he was concerned with the road widening to two times its pre^nt width The speed of cars on the road now is fast, and the new width will make it ‘ook like it can be travelled even faster. Gamble asked if the design can control the speed. He said the speed at Orono Orchard is now 50 mph and asked if it would be posted at 35 or 40mph. The Council said the plan is to police the road to instill the speed limits in those driving on the road. It was noted that traffic will increase on the road and make it harder to speed in the future but these concerns are valid. Hurr noted that the engineering comment was a road design for 40 mph, which means the road cannot be posted above that mark. The Commissioner of Transportation cannot increase the speed limit. It was commented that the road is a county design and cannot be posted by Orono but is a state decision. Jabbour said part of the conditions of the project approval could be not to post the road more than 40 mph. Goetten asked for a plan for police monitoring. She reiterated her concern oyer cars passing from the center lane noting cars now pass on both the right or left using the shoulders. Robert Floyd of West Femdale said the road was a stop-gap measure. He noted a ^/o increase in the volume of traffic. With an increase in the size of the road, more will ^ demanded in the future. Hoyd said the long-term feeder system needs to be addressed. CaUahan was unsure about the 60% increase calculation but noted the need for alternate routes. Callahan said the City is dedicated to the road from the Areola Bridge not enlarging. It is not geographically able to expand nor is it acceptable in Callahan’s opinion. Kelley said the Hwy 12 issue is a concern with growth especially from the Minnestmti area. The plans for work on CoRd 6 and McCuUey Road would alleviate some traffic pressure on CoRd 15. MINUTES OF THE REGULAR ORONO CllY (X)UNCIL MEETING HELD ON MAY 22,1995 (#2 - County Road 15 Improvements - Continued) Jabbour said there is pressure on Orono for east-west through roads. There must be a network of roads to accomplish this. Watertown, Fox, and Hwy 12 are all being discussed. Council all agreed that the general movements of traffic will increase in Orono. Kelley moved, Hurr seconded to approve the preliminary plans as layed out by the County. Polycyzk asked for a decision on the alternate plan or preference for the road on Orono Orchard with a shift to the northwest or remain as layed out. Kelley asked for a shift to the north to allow more space for the property owners Jabbour would like to consider moving the road further east on Orono Lane. Callahan said he would like the road to the south to flatten out the road and lessen the sharpness of the curve. Kelley asked if the road was moved more to the north if this would change the radius. Bruce said it would not but might impact the railroad right-of-wsy. Kelley said he w ould like to keep the radius the same and move the road to the north. Jabbour commented that, although he is for the project, the City would reserve the right to say no to the project if the money needed was found to be beyond the means of the City. Polycyzk said he would work out the details with the Staff. As far as the money is concerned, the City’s participation would be the 50% responsibility for the right-of-way acquisition. Hennepin County would pay 100% of the construction costs. Jabbour asked if the County would pay for the land needed for wetland mitigation. Polycyzk said other cities generally donate the land Both Callahan and Jabbour said that Orono would not do so. Callahan asked Polycyzk if the road was moved appreciably more than a 10' distance, »f this would change the lanes or curves. Polycyzk said this would result in the right-turn lane projection being longer and give more site distance. It would also increase the cost for construction and right-of-way as we would be looking at a longer piece of road. Callahan said he would like the project to gain momentum but was not satisified with the intersection to the south. He asked if during this preliminary layout that the area be fine- tuned. Polycyzk said if the initial concept is approved, we can look at the alignment further. Henry Skarp, Orono Lane, asked if the road were moved 8' to the north, if this would cut down on the site line looking west from Ot' >no Lane. Polycyzk said this would increase the visibility to the left and open up the view. Skarp felt this option should be considered for safety reasons. Jabbour asked that the speed limits be given major consideration. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 (#2 - County Road 15 Improvements - Continued) Kelley asked that the acceleration lanes be long enough and be paved and marked for plowing. Ayes 3, Nays 2, Goetten and Callahan Nay. Polycy'zk said the County would look at moving the intersection to the east and will work with Staff At the end of the meeting, Callahan asked the Council for their interest in looking at the Bracketts Point area. Callahan opined that it should be overlayed as it now stands. Kelley thought the comer should stay and new blacktop applied Hurt and Goetten would like to look at the plan before ruling it out. The Council will direct the County to keep the road totally within the right-of-way with temporary construction easements only. The standards were given by the Council, and it was felt that the Council should look at the plans. Jabbour indicated the property owners should be heard on this issue. APPROVAL OF MINUTES (*#3) REGULAR MEETING OF MAY 8,1995 Jabbour moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of May 8, 1995. Ayes 5, Nays 0. (•#4) RECONVENED BOARD OF REVIEW MEETING OF MAY 11,1995 Jabbour moved, Goetten seconded, to approve the Minutes of the Reconvened Board of Review Meeting of May 11, 1995. Ayes 5, Nays 0. PARK COMMISSION COMMENTS Flint invited the Council to attend the Park Tour on Monday, June 5, 1995, at 6:00 p.m. PLANNING COMMISSION COMMENTS No Planning Commission Member was present, PUBLIC COMMENTS There were no public comments. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 POLICE CHIEF REPORT Chief Sullivan reported that the department is taking a new approach to police service for the contract cities. These cities will be included in setting goals, and momhly dialogue is planned for more effectiv'c police cooperation and effectiveness. Sullivan said there were plans for more intensive bike patrol during the summer months with more hours set aside for this patrol Preventive measures are being taken and have begun along the Luce Line Trail and in Long Lake Parks. The focus wiU be on times of heavier use, evenings and weekends, with patrol rotation and fluctuating times Callahan commented on a letter regarding OfBccr Kamitz* involvement with the K-9 Corps Training. It was Callahan’s understanding that the K-9 Unit had been abolished. Chief Sullivan said the officer did this training on his own time and did not inform Sullivan of this training until its completion. Officer Kamitz is a part-time officer. Hurr referred to the past experience with the K-9 Unit and problems with dogs and officers not working out well. Hurr asked for input on whether this unit should be reinstated. Jabbour said the Council should be involved in giving and getting input on this issue. With recent cases involving narcotics, murder, and forgery, this program should not be dismissed. Callahan asked for a presentation fi-om an administrative viewpoint for a future decision by the Council. Callahan asked Sullivan of the progress in monthly communication, officers' appearance in court, and what departmental steps were being taken to assure that all court dates are being represented. Sullivan said he will initiate a policy to address this issue. Some procedural changes have been made. Subpoenas in felony cases are now being opened and monitored, where in the past, were ordy delivered. Callahan asked for follow-up on this matter. Callahan asked if a scholarship was provided for a girl to attend the North Tonka Crime Prevention training camp. Sullivan said $175 was approved for this funding. Sullivan informed Kelley that the department was not involved in the Interstate 394 patrol saturation. ZONING ADMINISTRATOR’S REPORT (*#5) #2008 GREG BECKEIUTESSA MARCHESSAULT, 3133 CASCO CIRCLE - VARIANCES - RESOLUTION #3560 Jabbour moved, Goetten seconded, to approve Resolution #3560. Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22,1995 (#6) #2013 FRESHWATER FOUNDATION, 2500 SHADYMrOOD ROAD - CONDITIONAL USE PERMIT - RESOLUTION #3561 Hurt asked for an addition to the resolution. On page 3, first paragraph under Conclusions, Order and Conditions, add the word, education, to "permit continued education and research center use of the facility... . Jabbour moved, Kelley seconded, to approve Resolution #3561 as amended Ayes 4, Nays 0, 1 Abstain, Huir, who is a board member of the Freshwater Foundation. (•#7) #2019 LEISEL COX, 3445 SHORELINE DRIVE - CONDITIONAL USE PERMIT - RESOLUTION #3562 Jabbour moved, Goetten seconded, to approve Resolution #3562. Ayes 5, Nays 0. (#S) 1995 MARINA LICENSES • MINNETONKA BOAT WORKS • WINDWARD MARINA SAILORS WORLD NORTH SHORE MARINA Huit inquired about the regulation on the use of bead-type styrofoam material in use at Windward Marina. Minnetonka Boat Works replaced this material with an encased material and is now in compliance with the regulation. Lakeside has replaced material but has not been reinspected. Gaflron said Windward is using a non-bead type of foam material but does have 5% bead-type that the owner plans to replace with encased. The ordinance refers specifically to the bead-type and not the solid foam. A deadline of mid-May was given to Windward to complete the process. Hurr asked that their license not be issued until compliance is complete. Hurt moved, Kelley seconded, to approve 1995 marina licenses for Windward Marine, subject to compliance with the elimination of bead-type flotation material, Minnetonka Boat Works, Sailors World, and North Shore Marina. Ayes 5, Nays 0. Callahan asked that action be started to ensure complete compliance along with imposing a penalty if necessary. MINUTES OF THE REGULAR ORONO Cm’ COUNCIL MEETING HELD ON MAY 22, 1995 MAYOR/COUNCIL REPORT Goetten reported that she and Gaffron attended a discussion last week wth residents of Webber Hills in regard to the possibility of se>^er in that area. Goetten commended Gaf&on on an excellent job The Webber Hills residcms have formed a committee to look into sewer connection because of failing systems in that area. Gaflfron said information has not been forwarded to the "hot-spot" areas. Even without any changes to the MUSA boundaries, Gaflron felt information should now be sent to all areas to allow input from the public regarding potential for sewer connection. Callahan agreed that this would be a good idea. Jabbour asked about the progress with the Metropolitan Council. Gaffron said the application has not been formally submitted for the proposed 10 areas Met Council staff have indicated they will only support MUSA amendments for projects to be completed by the year 2000. The May 30 mediation meeting was cancelled No meeting date has been rescheduled. Callahan said a work session needs to be scheduled in June. Callahan also said a meeting date needs to be set in mid to late June for a citizens meeting on Hwy 12. Dates will be looked at with Mn/DOT to coordinate a meeting. ENGINEER REPORT Cook had no report at this time. CITY ADMINISTRATOR’S REPORT (#9) HILLSIDE PLACE ADMINISTRATIVE APPEAL Moorse reported that this appeal refers to property at the end of Hillside Place, which is contiguous to an unimproved right-of-way known as Wallace Avenue. The issue is one of access, whether through Hillside Place, which serves other residents in that area, or Wallace Avenue, which runs near the back yard of a home. Staff reviewed the access issue and determined that Hillside Place is the preferred access for his property. The decision is being appealed to the Council at this time. Callahan commented that the issue had been tabled until the appeal could be heard by all five members of the Council. Grace Dahl was asked if she had any comments to make at this time. Dahl inquired if the Council had her complete letter of February 22, which all members did possess. 8 MINUTES OF THE REGULAR ORONO CITY’ COUNCIL MEETING HELD ON MAY 22, 1995 (#9 - HiUside Place Administrative Appeal - Continued) Callahan asked if there were any comments from the public. Mrs. Matson spoke on the behalf of her husband and herself They are against Dahl using Wallace Avenue as a driveway. This road goes to the end of their property. It was designated in 1859 for the four lots that they presently own. Wallace Avenue is not used. When zoning codes were chan«ed, the lots were deemed substandard and unable to be sold separately The drive is 8-1/2* from the comer of their house. Matson said they were told that the unimproved road would never be used by anyone but by their four-lot parcel. HiUside Place access is available, and Matson feels this is the appropriate access for Dahl. Ray Pasch, 3300 Navarre Lane, said Hillside Place goes past his home. Pasch said there is no difference between HiUside and Wallace, as they are both undeveloped. He said Hillside is only passable because the Dahl property's past owner, Jacci Segner, used it to access the rear of the property and had maintenance performed on it by neighbor, Clair Rood. Pasch said Wallace is a driveway and not a road. Dahl's request was to use the northern 15' only of the 20' road, which Pasch said w ould increase the distance from the Matson house. Pasch said Hillside Place w as a 16' driveway and is within 10' of a $600,000 home owned by Clair Rood. Clair Rood, 2215 Kenwood Way, said Hillside Place is within 10’ of his garage by Bayview. Callahan agreed, but said that Rood buUt it himself within 1 O' of that road. Rood said this was true, but that it was not a problem, and thinks 10* is far enough distance away. Jabbour remarked that during the lot line rearrangement, the egress was changed for the property, so did not sec any need to further change the driveway location. Jabbour questioned how the change would affect the residences if this additional home was ^owed to egress from Wallace Avenue. Gaffron said lots 44 and the combined lots 45-47 were the subject of a lot line rearrangement subdivision. 1 o allow the use of Hillside by the applicant property, the subdivider agreed that the previous homes using HiUside as a developed driveway would no longer be allowed to use it. A fence was installed to prevent this egress. It ww noted in the resolution and agreement that if something were to change in the future, tWs situation could be revisited. Only two homes can egress HiUside without triggering an upgrade to road status, and there is not enough right-of-way to upgrade it or instaU a cul- de-sac. The subdivision applicant owned all of the lots at t^t time and later sold the lot in question to Dahl. The subdivision has been approved. Gaffron noted that if Dahl was allowed to access Wallace, then Segner could come back with a request to amend the agreement and re-commence using HiUside Place for access to the existing residence. Rood commented that Dahl's lot is to the north of the 8' drainage dheh. The ditch cannot be crossed nor fiUed in. The ditch drains into the pond on his property. Rood emphasized that both Hillside and WaUace were driveways and not roadways. MINUTES OF THE REGULAR ORONO CIT^' COUNCIL MEETING HELD ON MAY 22, 1995 (#9 - Hillside Place Administrative Appeal - Continued) Jabbour responded that the City in good faith made the agreement based on access from Hillside and sees no reason to readdress the issue less than six months after the ori^nal agreement was made. Goetten asked Gaffron to address the drainage issue. Gaffron said the drainage swale is in the southeast comer The drainage issue was not addressed during the subdivision aplication. Whether or not the driveway site was usable was not brought up as an issue during the division The ov^,Tier requested to use Wallace Avenue for a driveway. Thw Public Works Depanment procedurally made the decision to deny the Wallace Avenue access for the property In 1908, Matson’s property was 1 lot, and Wallace did not exist. In 191 1, there was a 4-lot subdivision, and a 20 ’ corridor called Wallace Avenue was taken for a right-of-way to serve those 4 lots since they needed to abut a road. Gaffron noted that if thete is no public purpose served by Wallace, Wallace Avenue could be vacated, and the property would revert solely to the Matson's. Gerhardson said that he has not looked at the drainage for the lot. Callahan asked if a driveway can be constructed over the drainage ditch. Cook said a culvert could be installed to make it workable. Pasch commented that the applicant asked about the change during the application process and was told it was a public works decision Callahan moved, Goetten seconded, to accept the Staff recommendation and denied the appeal. Ayes 5, Nays 0. (#10) OLD CRYSTAL BAY ROAD BIKE TRAIL Moorse reported that #10 and #11 are related items but #10 is to update the Council on the status of the Old Crystal Bay Road bike trail. The Council had approved the plws and specifications and advertised for bids for the major portion of the construction in 1995. Hennepin Parks, who is to be in a joint venture and funding agreement with the City, has recently shown their concern over the Hwy 12 corridor and the impact on the Baker Park trail. Mn/DOT had involved Hennepin Parks in the CoRd 6 and Hwy 12 interchange. Hennepin Parks see a potential impact, while the Engineer designed the interchange so it should not impact the park. Hennepin Parks is uncomfortable with this summation and feels there are issues to be resolved. Hennepin Parks is not willing to proceed at this time. Moorse said some grant funds are available in 1995. St^ recommends the tw o segments of the trail be completed this year, and the major portion be reserved until 1996. Matching funds from the grant application are available through the DNR. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22,1995 («10-Old Cr>'stal Bay Road Bike Trail - Continued) Goetten questioned if the trail segments are more costly to construct in small pieces. Moorse agreed that in general laigc projects are cheaper overall, but the City can use Staff to offset some of the costs. Kelley inquired if the bids would need to be renegotiated. Moorse said the comractor will hold to the bituminous unit prices. Cook agreed but Staff needs to award the bids and deduct down to a certain price. Callahan asked if any land acquisitions are needed. Gcrhardson said temporary casements would be needed from the Minich and Thompson properties. Moorse said Minich was in favor of the trail but was concerned with landscape screening. Jabbour asked if the DNR grant counts towards the matching funds by Hennepin County. Moorse indicated the original agreement indicated any ISTEA grant money would be equally shared by the City and Hennepin Parks. Kdley said Jim White of the Parks Commission has spoken with the Hennepin Parks Superintendent, who approved of the plan for the trail, wanted to continue with the project, but was unable to concentrate on the project at this time due to other commitments. Callahan confirmed the need for the Hwy 12/CoRd 6 interchange. Callahan said the bike trail was important and should be done even without the funding in place. Callahan moved, Kelley seconded, to proceed with the trail. Ayes 5, Nays 0. (#11) TRAIL GRANT RESOLUTION #3563 Action on this item was taken through the motion on Item #10. Jabbour moved, Goetten seconded, to approve the construction of the Old Crystal Bay Road Bike Trail from the Dickey property subdivision to the Luce Line and from Hwy 12 north to the school property at a maximum cost of $80,000 as specified by the Engineer to be funded by $29,000 of trail grant funds and $55,100 from the Park dedication Fund; and to adopt Resolution #3563 concurring with partial funding of the trail through the Cooperative Trail Grant program. Ayes 5, Nays 0. (#12) PARK LAND ACQUISITION GRANT RESOLUTION #3564 Callahan asked Moorse who drafied the resolution. Moorse made reference to the DNR grant requirement. Orono would be the legal sponsor and administrator of the grant funds. MCWTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 (#12 - Park Land Acquisition Grant - Continued) The Council was concerned with the City being responsible for the maintenance and protection of the project Moorse did not believe that resolution statement necessarily applied to Orono The acquisition referred to the City’s capability to acquire the property. This is sometimes used in resolutions involving acquisition and development, and only applies generally, since the City is not doing any development. Hurt said she was concerned with liability and questioned the legality of requiring the citizens conrunittec to provide the matching funding. Kelley suggested the City Attorney look at the resolution Jabbour asked if there w as a deadline date. Moorse said the application was submitted May 1, and the resolution was to be dealt with at that time. Hurr fdt the Attorney should review the resolution. If the Attorney did not see any problems, then Hurt would be in approval of the resolution. Callahan was concerned that the grant staff be made aware of the conditions placed by the Council and their exact involvement. Moorse said the grantors are aware of the acquisition but is not sure they know of the requirement that the Saga Hill Committee match the funds. Jabbour felt if the grant people were not in favor of the matching fund condition placed by the Council, the funds could possibly be passed on to the next approved application. Hurr moved, Jabbour seconded, to authorize Mayor Callahan to sign the adoption of Resolution #3564 regarding the Natural and Scenic Area Grant Program park land acquisition grant, if approved by City Attorney Barrett. Ayes 5, Nays 0. (#13) JOINT POWERS AGREEMENT - PERSONAL WATERCRAFT ON LONG LAKE Moorse presented a joint powers agreement drafted by Barrett and Moorse on the personal watercraft ordinance. The DNR requires the joint powers agreement with Orono and Long Lake to put the ordinance into effect. Kelley said he would have a difficult time voting for this agreement if Long Lake were to approve the use of Long Lake by the University of Minnesota water ski club. Kelley cannot understand how one use could be restricted over another use. Kelley would like to discuss with Long Lake their goals in this matter. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22» 1995 (#13 - Joint Powers Agreement - Continued) Callahan stud a joint ordinance would also be needed in regards to the water ski chib. Callahan asked Moorsc to meet with the Long Lake administration and deade on matters regarding the ski club, but did not believ-e that this should prevent the Council from entering into the joint powers agreement on an ordinance that has already been approved. There were no public comments. Flint said he was not interested in having the water ski club use Long Lake for their practices. It was his opinion that the jet skis were a bigger nuisance but both domi^te the lake when used. Flint is persooaUy in favor of eliminating motors larger than 15 hp or totally eliminating the use of boat motors on the lake. Jabbour said jet skiing is the fastest growing segment in water craft. The joint powers agreement has been on a fast track by the DNR to conclude the jet ski problem. The water ski club use is a new problem according to Jabbour. He felt the issue was not whether to ski or not, but to look at special events licensing instead of an offensive use problem. Callahan moved, Hurr seconded, to approve the joint powers agreement between the chics of Orono and Long Lake for the purpose of regulating personal watercraft on Long Lake and to authorize the Mayor and City Administrator to sign the joint powers agreement. Ayes 5, Nays 0. The authority of the DNR to require a joint powers agreement was questioned. Barrett referred to Minnesota State Statute 459.20, which states if a body of water is within two cities, then the joint powers statute 479.59 is taken into consideration. (#14) FUNDING SOURCES FOR ROAD RECONSTRUCTION PROJECTS Moorsc said the report was to give background for the future needs in the City for reconstruction of both non-MSA and MSA roadways. There will not be enough funds available to complete the projected roadwork. Moorse said the City cannot rely only on MSA funds, especially with the CoRd 6 project. Because of this shortag^ alternative ways must be found for funding, specifically, assessing benefiting properties. The subject is being brought up now because of the Willow Drive intersection project. There are two commercial properties which are adjacent to this area, who will Iwth benefit from the Hwy 12 safety improvement and the stoplights. These properties are generally assessed based on the benefit received. A pubUc hearing is nwded prior to awarding the bid for the project Moorse proposes an assessment hearing at the June 26, 1995, meeting. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 (#14 - Funding Sources for Road Reconstruction Projects - Continued) Hurr moved, Kelley seconded, to approve the scheduling of an assessment hearing to be held at the June 26 regular Council meeting for the purpose of considering asses^ng a portion of the Willow Drive project to the benefiting property owners Ayes 5, Nays 0. (#15) HIGHWAY 12 BIKE TRAIL Moorse reported that at the last Council meeting a recommendation was approved to construct an 8' pathway along the north edge of Hwy 12 firom North Brown Road to Willow Drive as part of the Hwy 12 safety improvement project at a low cost to the City. It has since been found by Mn/DOT that there is not enough right-of-way for an 8' pathway, but for a 4’ path instead This area is an urban section between North Brown Road and Willow Drive with a curb. The driving surface is 12’ with 8* shoulder, except where there are turn lanes. The rural section has an 8-10 shoulder. It was noted that there has been a big increase in pedestrian traffic from the schools and Long Lake. For safety reasons, it was discussed that this would be a good idea even if it was only 4', in the interim until a frontage road is built. Callahan asked about the cost of the 4' pathway. Moorse said the cost will remain about the same if built with bituminous, $8000, as it cannot be constructed with a paver. The Long Lake side is concrete and suggested this pathway match. The cost for a 4' pathway in concrete is $8750. Hurt commented that if the land was ever developed next to the proposed pathway, the pathway should be extended to 8'. Callahan responded that the frontage road would be constructed at that point and would be where the bike trail is located. Hurr moved, Jabbour seconded, to approve the 4’ concrete sidewalk on the north side of Hwy 12 fi-om North Brown Road to Willow Drive at a cost of $8750. Ayes 5, Nays 0. (•#16) EASEMENT ACQUISITION - BROWN ROAD NORTH Jabbour moved, Goetten seccns,; -^, »:o authorize the purchase of a drainage easement from the property owner at 915 Brown Road North for an amount of $2400.00. Ayes 5, Nays 0. (#17) ENTRANCE SIGNAGE - CITY FACIUTTES Moorse reported this sign is to be located at the base of the bermed, open space area between the City facilities driveway and Kelley Parkway. Jabbour asked about the funds left over from the landscaping. Moorse said new plantings have recently been installed and are under warramy. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22, 1995 (#17 - Entrance Signage - Cont” fed) Kellev asked if the sian neets the code requirements Gerhardson will check to verify this. Callahan moved, KeUey seconded, to approve the purchase of a City facility entrance sign from Tonka Signcrafters for an amount of $798.75, to be funded from the Building Fund, and for the City to purchase the posts and install the sign. Ayes 5, Nays 0. (•#18) PUBLIC WORKS POWER BROOM REPLACEMENT Jabbour moved, Goetten seconded, to approve the purchase of one front mount power broom from Long Lake Tractor & Equipment for an amount of $6,068.37 to be funded from the Improvement and Equipment Outlay Fund. Ayes 5, Nays 0. (#19) SCHEDULING OF VOLUNTEER COMMISSION CANDIDATE INTERVIEWS Callahan noted that the Park Commission did not have a vice chair at this time and asked Council for suggestions. Goetten commented that all of the Commisrioners are doing a good job; and in obserN ing the Park Commission at work, Goetten felt that Lili McMillan was a good choice for this position. Hurr supported this suggestion. Flint also agreed. Goetten moved, Hurr seconded, and moved the nominations be closed, in appointing Lili McMillan as Vice-Chair of the Park Commission. Ayes 5, Nays 0. Callahan asked Flint to inform McMiUan of this decision. Moorsc will also reiterate by letter. There is one opening on the Park Commission, and one opening ayail^le in the near future on the Planning Commission. The Council will begin interviewing Park Commission candidates at the Council meeting of June 12, 1995. (#20) REQUEST BY LORD FLETCHER'S TO USE THE CITY'S PUBLIC PARKING LOT IN NAVARRE Lord Fletcher’s was represented by Assistant General Manager, Brian Windschitl, Windschitl asked for approval to use the City's public parking lot in Navarre on Fridays, Saturdays, and Sundays, May through Labor Day, for the staff of Lord Fletcher's. The restaurant will have a shuttle transporting their associates back and forth. They also will monitor the lot and keep it clean The parking lot at the restaurant has 400 stalls, which are filled to capacity during these times. By having the associates park off their main lot, it enables ail patron cars to be in their lot rather than on the street. The restaurant originally had contracted with the Freshwater Foundation but covenants restricted this use. MINUTES OF THE REGULAR ORONO CIT\' COUNCIL MEETING HELD ON MAY 22, 1995 Callahan asked Staff if they saw any problem with this situation Moorse said the police monitored the lot for space and found it plentiftil. i her**» :ilso space available during the daytime hours. Jabbour appreciated Mr. Naegele recjucsting the use of the lot. It was noted that the Lafayette Club uses the lot as overflow. Windschitl said the>' reevaluated how many stalls were needed and found it to be between 40 and 50 stalls. Jabbour asked that they park in a designated area away from the retail center. Kelley asked the restaurant to monitor the noise level during the early morning hours so as not to disturb the neighbors Windschitl noted that the times are staggered when their associates would be coming and go!ng from the lot. The major hours of use would be between 5 00-8 00 p.m. Windschitl said the restaurant is willing to sweep the lot, landscape the area around the lot, fill in the potholes, and blacktop over these areas. Jabbour said the lot was in need of major repair and total blacktopping. Hurr asked that the work be coordinated with City Staff. Moorse said the specific amount and needs are not available for this meeting. Staff will work with the restaurant to come to a reasonable agreement. Callahan moved, Goetten seconded, to approve the request by Lord Fletcher's to allow staff parking using 40-50 spaces in the Navarre public lot on weekends daring the summer months of 1995 in e.xchange for repairs to the deteriorated sections of the parking lot. Ayes 5, Nays 0 Windschitl was asked to instruct their staff in not loitering in the parking lot. (#21) SPECIAL REVENUE FUNDS - 1994 AND 1995 REVENUE BUDGETS Moorse asked the council to approve the 1994 and 1995 Revenue iSudget amounts. In finalizing of the I9«4 financial report, it was found that it had not included documentation for the Special Revenue Fund budgets. There is then no document to show that it had been approved. Moorse asked the Council to retroactively adopt the budget amount. Callahan moved, Goetten seconded, to adopt the revenue budgets as presented for the Special Revenue Funds for 1994: Park Fund, $21,250; Imp and Equip Outlay Fund, $98,550, Building Capital Outlay Fund, $170,300; and as proposed for 1995: Park Fund, $24^000; Imp and Equip Outlay Fund, $102,900; and the Building Capital outlay Fund, $100,000. Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Barrett requested an Executive Session MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 22,1995 (•#22) LICENSES There were no license applications. (*#23)B1LLS Jabbour moved, Goetten seconded, to approve payment of the All Funds Account. Ayes 5, Nays 0. ADJOURNMENT The City Attorney requested adjournment to Executive Session at 9:58 p.m. Edward J. CaUahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk c>\ V REQUEST FOR COUNCIL ACTION A % X-*v N>, DATE: June/, 1995 % JITEM NO .: lJ Department Approval: Administrator Reviewed: Name Michael P. Gaffron /W' Title Assisiant Planning & ^.oning Administrator Agenda Section: Zoning Item Description: Proposed Zoning Code Amendment - Domestic Abuse Shelters Summary On April 10, 1995, the City Council directed that Planning Commission hold a public hearing for a proposed Zoning Code amendment to allow domestic abuse shelters as a CUP in the residential zoning districts or the B-4 commercial district. Plaimmg public hearing on Thursday, May 18 and continued that hearing on Wednesday, May lA. At the May 24 meeting. Planning Commission unanimously recommended that Council amend me Zoning Code by allowing "domestic abuse shelter" as a conditional use m me R-IA residential zoning district (to which all omer residential districts refer) per me draft amendment attached hereto as Exhibit A. List of Exhibits A B C D E F G H I Draft Amendment - Residential Districts (R-IA) Draft Amendment - B-4 Commercial District Public Hearing Notice/Map/Notification List Memo and Exhibits of 5/12/95 Handout Materials 5/18/95 Petition Submitted 5/18/95 Draft Minutes and Attendance List 5/18/95 Draft Minutes and Attendance List 5/24/95 Information Submitted by Public Since 5/24/95 Public Hearing Notification - piCAse to The Orono Zoning Code provides that no zoning amendment shall be adopted until a propeny owners within 350 ’ required. The proposed zoning code amendment to add a conditional use to the 8^4 or R-IA zoning district merely requtres publicatton ones tn the legal newspaper. Request for Council Action continued page 2 June 5, 1995 Proposed Zoning Code Amendment-Domestic Abuse Shelters In an attempt to involve the public in the decision-making process, the City has greatly exceeded the legal notification requirement by: Publishing notice twice in the legal newspaper. Mailing notice to the owners of more than 200 occupied properties in the Navarre area, within a radius of at least 500 ’ of the site proposed for a shelter by Westonka Inten-ention (see map). This mailing list was gathered from sewer and water billing records, which do not include vacant properties. (If Westonka Intervention applies for a CUP and/or rezoning, they will be required to provide a certified list of the owners of all vacant and occupied property within 350 of their site.) Review Process When Westonka Intervention approached the City in October 1994 with a proposal to establish a domestic abuse shelter in Navarre, they were advised that such a use w^ not provided for in the Orono Zoning Code, and to establish such a use would require an amendment to the Code. At the regular City Council meeting of October 24. 1994, Mr. Hessberg presented his proposal to the City Council. The Council voted 4 to 0 to establish a committee to review the proposed use. The Orono Planning Commission subsequently took on this task and held work sessions on January 6, January 20 and February 21, followed by a public information meeting on March 7, 1995. The three work sessions functioned as an educational and fact-finding forum for the Planning Commission, and the public information meeting (with Navarre area mailed notification) was held to not only inform the neighborhood of what was being proposed, but to gain public input. As a result of these meetings. Planning Commission voted 7-0 to recommend that the Council permit the Planning Commission to consider revising the Zoning Code with respect to a domestic abuse shelter as a conditional use permit. This resulted in the April 10 directive that Planning Commission consider a B-4 commercial district CUP as well as a residential CUP. The May 18 public hearing was attended by approximately 20-30 members of the public (16 of whom signed the attendance sheet). Only 3 Planning Commissioners were present, hence there was no quorum. The majority of public present were in favor of the shelter use. (See minutes). The 3 Commissioners present directed staff to make a number of revisions wording of the drafts. Because there was no quorum, that meeting was continued to May 24. At the May 24 meeting at which a quorum was present, approximately 10 members of the public were in attendance, the majority of which stated opposition to the proposed shelter. After reviewing the revised amendment. Planning Commission accepted public comments and then voted 6-0 to recommend adoption of a residential CUP for domestic abuse shelters, withvotea o-u to recomiucuu a ----------- additional revisions. Since May 24, a neighborhood group opposing the shelter has come forward and will be attending the June 12 meeting. Request for Council Action continued page 3 June 5, 1995 Proposed Zoning Code Amendment-Domestic Abuse Shelters Proposed Amendment The draft amendment, both residential and B-4 versions, has been revised per the Planning Commission recommendation of May 24. The commercial and residential versions are nearly identical, except for the title and heading. Additionally, the B-4 version contains no reference in the "Location" section regarding proximity to other commercial districts. Residential CUP vs. Commercial CUP Adoption of a residential CUP has the following impacts: • Shelter could be located in any residentially zoned site that meets all of the conditions established in the ordinance. • As drafted, possible locations are limited to the immediate Navarre area and to a limited number of residential properties just north of Highway 12 between Brown Road and Willow. • No rezoning would be required for the proposed Navarre shelter site. • Amendment contains requirements for reducing impacts on surrounding neighborhood, including screening. • The potential exists for performance standard variances which could broaden the location possibilities. Adoption of a commercial CUP would have the following impacts: • Shelter limited to B-4 Office and Professional Districts, which currently are located only in Navarre and total approximately 16 acres. • Would require rezoning of proposed shelter site from LR-IC to B-4. • Current B-4 permitted uses include municipal buildings, general and professional offices, clinics, banks and insurance offices. B-4 conditional uses currently include nursing homes, hospitals, rest homes, retirement homes, schools, research centers, veterinary clinics or kennels, libraries, museums, galleries, restaurants/cafeterias within office buddings, parking, and public service structures. • If the Navarre site was rezoned to B-4 and a shelter was established but later discontinued, only the above uses would be feasible for the site. Request for Council Action continued page 4 June 5, 1995 Proposed Zoning Code Amendment-Domestic Abuse Shelters • Mandatory screening would be required per the B-4 standards (fence or compact evergreen hedge not less than 50% opaque and not less than 6 in height abutting residential district properties). The B-4 Office and Professional Business District allows uses which are of relatively low impact on adjacent residential uses. In relation to the proposed Navarre site, the fomer church use provided a low key transition from commercial to residential uses. The proposed shelter use might provide a similar transition, and the site is large enough to provide for buffers. Arguments can be made for and against the need for additional commercially-zoned property in Navarre. The City’s 1988 Navarre redevelopment smdy encountered little enthusiasm among the business community for any significant changes to Navarre. Planning Commission has recommended that the residential CUP amendment be adopted. In reaching this conclusion. Planning Commission weighed the location perfomia^e standards of the residential amendment against the potential future commercial uses of the Navarre site if the shelter use disappears. Neighboring residential property owners strongly opposed the rezoning of the site to commercial, fearing future commercial encroachment into the neighborhood. If Council is concerned that the location performance standards of the residential CUP could be subject to variances, the residential CUP could be adopted only in the LR-lC/LR-lOl half-acre zone, which encompasses Casco Point as well as most of the residential ar^ north of Navarre and south of North Shore Drive from Sandy Beach to the Baldur Park area. This would exclude the shelter use from the Highway 12 commercial area, and would limit shelters to Orono’s highest density residential zoning districts. Process If Council adopts one of the draft amendments, it is expected that Westonka Intervention wilt file the appropriate CUP or rezoning/CUP application by the June 23 deadlme for public hearing at the July 17 Planning Commission meeting. Staff Recommendation If Council concludes that the Zoning Code should be amended to allow domestic abuse shelters, either of the drafts accomplishes this, with the variable being limiting the “se to jus areas zoned B-4 or opening it to residential neighborhoods limited (via performance standard ) to ^eas near commerdally-zoned properties. A four-fifths vote of the Council is required to amend the Zoning Code. Request for Council Action continued page 5 June 5, 1995 Proposed Zoning Code Amendment-Domestic Abuse Shelters COUNCIL ACTION REQUESTED: Options for Action 5. 1. Adopt a version of the amendment as proposed. 2. Adopt with revisions. 3. Choose to not amend the Code. 4. Table for further study or information (may impact Westwika Intervention’s funding) Other. i E:XH. A PROPOSED ORDINANCE AMENDMENT ORDINANCE #____, 2ND SERIES AN ORDINANCE REGULATING DOMESTIC ABUSE SHELTERS AS A CONDITIONAL USE IN RESIDENTIAL ZONING DISTRICTS The Citv Council of Orono ordains as follows: SECTION 1. Municipal Zoning Code Section 10.20, R-IA One Family Residential District, Subdivision 3, Conditional Uses, is hereby amended by adding Subdivision 3 (Q) which shall read as follows: "Q. Domestic Abuse Shelters. The use of a strucmre for providing housing and other services for victims of domestic abuse. Any such use shall meet all the following requirements: I Location. 1. 2. Structure shall be served by and be connected to municipal sewer, The site shall access directly to an arterial or collector roadway and shall not gain access via a local neighborhood street. 3.The site shall be within 500 feet of a public bus line to ensure that public uansportation is within reasonable walking distance of the facility. 4.The site shall be within 500 feet of a retail shopping area in order that the necessary services provided in such area be within reasonable walking distance of the facility. 5.The site shall be within 500 feet of either the B-1, B-3, B-4, B-5, or B-6 Commercial Zoning Districts, so that the services provided in such districts shall be readily available to residents of the facility and within reasonable walking distance. 6.The site shall not be within one-half i}h) mile of another shelter, to ensure that no individual neighborhood shall be required to accommodate more than one such facility. II. Site/Buildings. 1.Buildings and additions to existing buildings shall be consistent with the character and scale of the neighborhood. Exterior materials shall be compatible with surrounding properties. 2. 3. 4. 5. 6. 7. 8. 9. 10. An appropriate transition to neighboring propenies shall be provided via landscaping and site design consistent with City ordinances and policies. The use shall be subject to applicable regulations regarding signs, parking, and other zoning district performance standards. The site shall provide a minimum of 3,000 s.f. of lot area per overnight resident based on proposed capacity to ensure that site overuse does not occur and to accommodate the necessary amenities within the site boundaries. The structure shall provide a minimum of 300 square feet of floor area per overnight resident based on proposed capacity to eliminate the potential of overcrowding the facility. The applicant shall provide detailed analysis of expected traffic generation. To avoid unreasonable traffic impacts on adjacent residential neighborhoods, the following limitations shall be met: a. b. c. Shelter use will not be permitted on properties gaining access via private road or shared driveway. Shelter use shall not be permitted on properties which would require regular access via local streets. The amount of traffic generated onto arterial or collector roadways shall not significantly impact local streets. On-street parking shall not be allowed. Adequate off-street parking based on anticipated uses shall be provided. On-site circulation will be required to avoid backing onto streets. Driveways and emergency vehicle access shall be maintained at all times. A privacy fence or other suitable screening shall be required and shall be subject to City Council approval. Shelter facilities shall conform to Minnesota State Building Code and Fire Code requirements. A formal site and building plan review by the Planning Commission and Council shall be required. III. Operations. 1. The applicant shall comply with all applicable codes and regulations and shall have current and in effect the appropriate Slate or other licenses. Any conditional use permit granted pursuant to this ordinance shall be subject to City Council review for possible revocation if Slate or other licenses become invalid. 2. The applicant shall submit detailed program information including goals, policies, activities schedule, staffing patterns and targeted capacity which may result in the imposition of reasonable conditions to limit the off-site impacts. 3. The facility shall be overseen by a Board of Directors. The applicant shall submit Bylaws of the Board, resumes of the Boardmembers, and Articles of Incorporation to the City. 4. The City Council may annually appoint a representative to the Board of Directors, which representative shall act as a liaison between the Board and the Council. 5. Per City ordinance requirement, the conditional use peimit if granted will be issued for the shelter use for a specific site and not to a specific applicant. Any material change in the operatio^w or purpose of the facility shall be cause for the City Council to review the conditional use permit. Further, the City Council may review the conditional use permit if Council i.s presented with evidence that the terms of the conditional use permit as well as other State and local ordinances, statutes and regulations are being violated. rv. Additional conditions may be required by the City in order to address the specific impacts of a proposed shelter." SECTION 2. Adoption and Publication. This ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this , 1995 by a vote of ___ayes and____nays. day of ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor PROPOSED ORDINANCE AMENDMENT ORDINANCE 0____, 2ND SERIES AN ORDINANCE REGULATING DOMESTIC ABUSE SHELTERS AS A CONDITIONAL USE IN THE B-4 OmCE AND PROFESSIONAL BUSINESS DISTRICT The City Council of Orono ordains as follows: SECTION 1. Municipal Zoning Code Section 10.43, Subdivision 4, Conditiouai (^ses, is hereby amended by adding Subdivision 4 (K) which shall read as follows. "K. Domestic Abuse Shelters. The use of a structure for providing housing and other services for victims of domestic abuse. Any such use shall meet all the following requirements: I.Location. 1. Structure shall be served by and be connected to municipal sewer, 2. 3. The site shall access directly to an arterial or collector roadway and shall not gain access via a local neighborhood street. 4. 5. The site shall be within 500 feet of a public bus line to ensure that public transportation is within reasonable walking distance of the facility. The site shall be within 500 feet of a retail shopping area in order that the necessary services provided in such area be within reasonable walking distance of the facility. The site shall not be within one-half (‘/^) mile of another shelter, to ensure that no individual neighborhood shall be required to accommodate more than one such facility. II. Site/Buildings. I. 2. Buildings and additions to existing buildings shall be consistent with the character and scale of the neighborhood. Exterior materials shall be compatible with surrounding properties. An appropriate transition to neighboring properties shall be provided via landscaping and site design consistent with City ordinances and policies. 3. 4. 5. 6. 7. 8. 9. The use shall be subjeci to applicable regulations regarding signs, parking, and other zoning district performance standards. The site shall provide a minimum of 3,000 s.f. of lot area per overnight resident based on proposed capacity to ensure that site overuse docs not occur and to accommodat** the necessarv amenitxs within the site boundaries. The structure shall provide a minimum of 300 square feet of floor area per overnight resident based on proposed capacity to eliminate the potential of overcrowding the facility. Tie applicant shall provide detailed analysis of expected traffic generation. To avoid unreasonable traffic impacts on adjacent residential neighborhoods, the following limitations shall be met; a. b. c. Shelter use will not be permitted on properties gaining access via private road or shared driveway. Shelter use shall not be permitted on properties which would require regular access via 'ocal streets. The amount of traffic generated onto arterial or collector roadways shall not significantly impact local streets. On-street parkmg shall not be allowed. Adequate off-street parking based on anticipated uses shall be provided. On-site circulation will be required to avoid backing onto streets. Driveways and emergency vehicle access shall be maintained at all times. A privacy fence or other suitable screening sbait be required and shall be subject to City Council approval. Shelter facilities shall conform to Minnesota State Building Code and Fire Code requirements. A formal site and building plan review by the Planning Commission and Council shall be required. 111. Operations. 1.The applicant shall comply with all applicable codes and regulations and shall have current and in effect the appropriate State or other licenses. Any conditional use permit granted pursuant to this ordinance shall be subject to City Council review for possible rev ation if State or other licenses become invalid. 3. 4. 5. The applicant shall submit detailed program information including goals, policies, activities schedule, staffing patterns and targeted capacity which may result in the imposition of reasonable conditions to limit the off-site impacts. The facility shall be overseen by a Board of Directors. The applicant shall submit Bylaws of the Board, resumes of the Boardmembers. and Articles of Incorporation to the City. The City Council may annually appoint a representative to the Board of Directors, which representative .hall act as a liaison between the Board and the Council. Per City ordinance requirement, the conditional use permit if granted will be issued for the shelter use for a specific site and not to a specific applicant. Any material change in the operations or purpose of the facility shall be cause for the City Council to review the conditional use permit. Further, the City Council may review the conditional use permit if Council is presented with evidence that the terms of the conditional use permit as well as other State and local ordinances, statutes and regulations are being violated. IV. Additional conditions may be required by the City in order to address the specific impacts of a proposed shelter." SECTION 2. Adoption and Publication. This ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this , 1995 by a vote of___ayes and____nays. day of ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Affidavit of Publication cmroFcnoNO NOTICE K«ii«y Paifcwav. Orooo. ^J m«ttir o» « propo»«<» amandtiwnl lo a«ow 'ilwiw <of vtctiim « doHMStic atMisr M ■rMiOMitiai or cowworoX zoning di*tnp^ Th^opotoO amonomont .ne.uoos two “^"^Amand ona or <nora disuicts to allow 'snaifr lor »>cuma o ikaTiMtf IfrP—' conttBonal u*0-0«le* airtVaiiow •aliaoar to v«n» liSirM oownod •"*Itw Smldng & Zoning Oapadma«. »w C»ty Of Ofono BrPtvmmg Cc.timission jMnno A.MabusifU Bui»ng * Zoning Adnwwtraooii (PubBahad in-nia Law and Pionaer Apm 24 and May 1. IMS) £X^.C-I e> c,<rState of Minnesota. County of Hennepin. 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 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed ^ ' / / J J which is attached was cut from the columns of said newspaper, and was printed and published once each week for 4 _ successive weeks: It was first published Monday. 2-r^' /'/I ?the I—day of.19Z ' 7 and was thereafter printed and published every Monday, to and includinr. Monday. the. Ld-flhjday of ** AM,Authorized Agent Subscribed and sworn to me on this fWIWffWflWWff (1) Lowest classified rate paid by comrMrdal users for comparable space; St 1.48 per inch. (2) Maximum rate allowed by law for above matter: 5ll.«. (3) Rate actually charoed for above matter: $6.47 per inch. Each additiw.ial successive week. $4A5. "1TT"W . W Haj iail i • ••• \im ______________ > ^ • 0’>' -*► ;• V11 I • ^ X /rii/'' m I •r .•••<•••• ■0 • li..^ lST=ri P ^ ' C \ «cS^. -----s:e:--------------------- - \ .‘/■mn; coti; »» ••• f \ '*• • »asaateiyiggag f^Si!©' 'Jumpt amrtnrm tp | _ . "-*!•/ t. 9Wtm fUK , '•• Birntm • \ RICHARD HAEFHER 2324' SHAOTUOOO RO WAYZATA. HN 55391 LOUISE CANSELHOFF 2341 SHAOTUOOO RO UAYZATA, MN 55391 LOUISE 0. day 2314 OLIVE AVE UAYZATA. HN 55391 PATRICK SULLIVAN 231$ OLIVE AVE UAYZATA, MN 55391 ^ m mwm • marcel S. DITTRICH 237T SHAOTUOOO RO WAYZATA, HN 55391 JAMES T. JACOBSON 2328 OLIVE AVE UAYZATA. HN 55391 J ) CRAIG BORCHAROT PO BOX 125 CRYSTAL BAY HN 55323 CENT 21 UOUD PROF PO BOX IS NAVARRE HN 55392 AUSTIN EVANS 2497 KELLY AVE excelsior, HN 55331 SYLVIA BERTACNOLI 2499 KELLY AVE excelsior . MN 55331 'I ) J \ -> JEAN L CARLSON 2344 OLIVE AVE UAYZATA, MN 55391 LARRY C. NELSON 2350 OLIVE AVE WAYZATA, HN 55391 MARGARET WOOD 2300 OLIVE AVE UAYZATA HN 55391 BRIAN A. JAKUBIAK 2338 OLIVE AVE UAYZATA HN 55391 ' ) ) ) ) JOHN KUPFER 2503 KELLY AVE EXCELSIOR, HN 55331 PETER CHOW 2505/7 KELLY AVE EXCELSIOR, HN 55331 ) ' ARLYN JENSEN 2501 KELLY AVE excelsior HN 55331 . i •) •J ROBERT RYAN 2293 SHADYUOOO RD WAYZATA HN 55391 hike FRANZEN 2296 SHADYUOOO RO UAYZATA, HN 55391 PHILLIS HENDERSON 2308 SHADYUOOO RD UAYZATA, HN 55391 EOUIN KUGLIN 2314 SHADYUOOO RO WAYZATA, HN 55391 OUNtK / UUuur ni'» I 3416 B SHORELINE DR UAYZATA* «N 55391 UESTONKA GLASS 3418 B SHORELINE DR UAYZATA, HN 55391 NAVARRE HARDWARE 3400 SHORELINE DR NAVARRE HN 55392 CLASS II PARTNERS 14600 2BTH AV NJ PLYMOUTH HN 55447 NAVARRE AMACO 3360 SHORELINE OR NAVARRE MN 55392 3468 ”°*"”^SHORELINE DR UAYZATA, OUNER/OCCUPANT 3420 B SHORELINE DR UAYZATA, HN 55391 THOMAS CODUTE 2535 OLD BEACH RD UAYZATA, HN 55391 DAVID M. SCHNEIDER 2540 OLD BEACH RD UAYZATA, MN 55391 JAHES R. KREY 2560 OLD BEACH RD UAYZATA, HN 55391 KAREN ANDERSON 2306 OLIVE AVE UAYZATA, MN 55391 z' o o M ) ; ) WALTER A. ROHMANN 2420 OLD BEACH RD UAYZATA. HN 55391 EARL A. SUEEN 2440 OLD BEACH RD UAYZATA, HN 55391 LARRY D. LUNDQUIST 2455 OLD BEACH RD UAYZATA, HN 55391 MICHAEL MODARES 2460 OLD BEACH RO UAYZATA, HN 55391 TOM MCCARTHY 2490 OLD BEACH RD UAYZATA, MN 55391 DANIEL A. SAKLAD 2496 OLD BEACH RO UAYZATA, MN 55391 kirk SHERMAN 2505 OLD BEACH RD UAYZATA, MN 55391 KEITH C. OLSON 25^ Q OLD BEACH RD UAYZATA, HN 5S391 PARTRIDCE-STAUBLY 2530 OLD BEACH RD UAYZATA, HN 55391 > ) ) J NiliVARRE DAIRY ON 3574 SHORELINE OR UAYZATA HN 55391 C 4 8 CABINETS INC BOX 29 NAVARRE ON 55392 RICKS SUPER VALUE 3333 SHORELINE DR NAVARRE HN 55392 STEVE HARTIN BOX 32 NAVARRE HN 55392 rick bloohouist 1430 CTT RO 92 independence HN 55359 o«ne«/occup.nt^^_^^ dp WAYZATA, HN 55391 ou»|R/oecuP.MT^__^^^ DP UAYZATA, HN 55391 UAYZATA, HN 55391 OUNER/OCCUPANT 3469 SHORELINE DR UAYZATA, HN 55391 OUNER/OCCUPANT 3472 SHORELINE OR UAYZATA, HN 55391 STEVE CORL NAVARRE LIQUORS INC PO BOX 117 NAVARRE HN 55392 OUNER/OCCUPJNT^^^^^ dr UAYZRTA. 1 “1 ‘ I J 319 BARRY AV S 4301 UAYZATA HN 55391 LOWELLS AUTO PARTS 3542 SHORELINE DR NAVARRE HN 55392 OUNER/OCCUPANT 3386 SHORELINE DR UAYZATA. HN 55391 J ) I ■) quality elecrnic 3412 8 SHORELINE DR UAYZATA, HN 55391 OUNER/OCCUPANT 3AM SHORELINE OR UAYZATA, HN 55391 'S.NR.« UAYZATA, HN 55391 OUNER/OCCUPANT 3420 SHORELINE DR UAYZATA, HN 55391 NAVARRE PO 3423 SHORELINE OR UAYZATA, HN 55391 KEAVANY DRU6 34SS SHORELINE DR UAYZATA. HN 55391 LK HTKA ANIHL HOSP BOX 5 NAVARRE HN 55392 op UAYZATA. HN 55391 CHAJPIDN „ UAYZATA, HN SS391 ' ) />' ' V' •) JAMES NECUEY 3520 LYRIC AVE UAYZATA, HN 55391 TODO J. BAUER 3525 LYRIC AVE WAYZATA, HN 55391 JULIE ANN PYLE 3541 LYRIC AVE WAYZATA, MN 55391 NICHOLAS DOHMEN 3551 LYRIC AVE WAYZATA, HN 55391 ROLAND BARTELL 3554 LYRIC AVE WAYZATA, HN 55391 KEITH BERARD 3555 LYRIC AVE WAYZATA, HN 55391 CARNET CUNION 3555 LYRIC AVE WAYZATA, HN 55391 CHUCK HENKE 3536 LYRIC AVE WAYZATA HN 55391 MICHAEL E. SUANSON 3596 LYRIC AVE WAYZATA HN 55391 CRANNYS TRUNK PO BOX 102 NAVARRE HN 55392 JUL ANN SALON PO BOX 122 NAVARRE HN 55392 WINDOWS 6 MIRRORS PO BOX NAVARRE HN 55392 / J ) J ) vj r •J ') FRANK fUT7£,.3 I ns.-<3444 LYRIC AVE WAYZATA. HN 55391 WILIIAM TIERNEY 3465 LYRIC AVE WAYZATA, HN 55391 j.F. niTTELSTAEDT 3468 LYRIC AVE WAYZATA, HN 55391 TOM FLYNN 3473 lyric AVE WAYZATA, HN 55391 JAMES JOHNSON 3496 LYRIC AVE WAYZATA, HN 55391 RUBY L. LINDBLAD 3505 LYRIC AVE WAYZATA, HN 55391 RONALD T HILL 3508 LYRIC AVE WAYZATA, HN 55391 WILLIAH BOLDER SR. 3513 LYRIC AVE WAYZATA, HN 55391 LYLE SCOTT £508 SANTAS FT LN WAYZATA HN 55391 JOHN P0LIN60 3500 LYRIC AVE WAYZATA HN 55391 'J • ) Ii '•f. j ) ) CHRISTIAN LONG355* LIVINGSTON AVE UAYZATA, HN 55391 dohinic lefebvre 3559 LIVINGSTON AVE UAYZATA, MN 55391 hark u. cuff 3572 LIVINGSTON AVE UAYZATA, HN 55391 ELIZABETH BALTER 3577 LIVINGSTON AVE UAYZATA, HN 55391 MICHAEL ANDERSON 3580 LIVINGSTON AVE UAYZATA, HN 55391 GREG S. GOODFELLOU 3SS5 LIVINGSTON AVE UAYZATA, HN 55391 ZELMA MCKINNEY 4501 SHORELINE DR 115 SPRING PK MN 55384 HARver UAYZATA, HN 55391 LOIS HUDLOU 3438 LYRIC AVE UAYZATA, HN 53391 E.A. MROSS 3422 LYRIC AVE UAYZATA MN 55391 JAMES E GLEASON 3472 LYRIC AVE UAYZATA HN 55391 JUDITH UOLFSTELLER 2156 CARDINAL LANE mound MN 55364 .J I ; I J J j J JOHN •'^[^””j^55ton AVE UAYZATA. HN 55391 HARK SPALDING 5soe LIVINGSTON AVE UAYZATA, HN 55391 •J CENEVIVE EBERT 3320 LIVINGSTON AVE UAYZATA, HN 55391 S0BER6/PUGH 3525 LIVINGSTON AVE UAYZATA, HN 55391 VERA L. TEETZEL RO BOX 216 spring park HN 55384 STEVEN 8. SANDLER 3533 LIVINGSTON AVE UAYZATA, HN 55391 JOANN M. HOLSBECK 3541 LIVINGSTON AVE UAYZATA, HN 55391 DAVID REINHOLD 3551 LIVINGSTON AVE UAYZATA, HN 55391 RICHARD E THOMPSON 3554 LIVINGSTON AVE UAYZATA, HN 55391 .) : HARK A. MOOERS 321S ' UAFATETTE RIDSE C. UATZATA, MN 55391 JOHN T. LARSON 3E2S LAFAYETTE ftIDCE CT UATZATA, NN 55391 SHERYL A. PATTEN 3405 LIVINGSTON AVE UATZATA. HN 55391 ROSEMARY BURMASTER 34)4 LIVINGSTON AVE UATZATA, MN 55391 CA«OM A. .vE UATZATA, MN 55391 UATZATA, MN 55391 ROXANN BEISCH 3436 LIVINGSTON AVE UATZATA, HN 55391 PATRICIA QUINN 3438 LIVINGSTON AVE UATZATA, MN 55391 DENNIS HECER^^43 LIVINGSTON AVE UATZATA, MN 55391 frank H. 4VE UATZATA, MN 55391 u o o 3445 LIVINGSTON AVE UATZATA. MN 55391 ) 'I •J J U.UIAE UATZATA, HN 55391 .VE UATZATA, HN 55391 CHESTER VERSAILLES 3472 LIVINGSTON AVE UATZATA, MN 55391 SARANNE ANDERSON 3473 LIVINGSTON AVE UATZATA, MN 55391 UILLIAM ALLEN 3475 LIVINGSTON AVE UATZATA, MN 55391 nARK SCHULTZE 3477 LIVINGSTON AVE UATZATA, HN 55391 CHERYL GOULET 34aa LIVINGSTON AVE UATZATA, MN 55391 J O \ LARA HAnnOND 3457 crystal RL UATZATA, riN 55391 STEPHANIE KROECER 34S5 CRYSTAL PL UATZATA. HN 55391 JAHES R. YULE 3477 crystal PL UATZATA, UN 55391 BLAIR N. REUTHER 3485 CRYSTAL PL UAYZATA, HN 55391 ROBERT PAICE 3493 CRYSTAL PL UAYZATA, HN 55391 hick lord 3505 CRYSTAL PL UAYZATA, HN 55391 DEAN Y0UN6 3555 CRYSTAL PL UATZATA, HN 55391 EVELYN J LANCE 3585 CRYSTAL PL UAYZATA, HN 55391 HERSEL H. FORESTER 3559 CRYSTAL PL UAYZATA, HN 55391 PAUL ANDERSEN 3533 CRYSTAL PLACE UAYZATA HN 55391 KAREN OLOFSON 34T3 CRYSTAL PLACE UAYZATA HN 55391 HN 55423 DJ RADFORD 1248 90 ST E XNVR CRVE HCTS HN S50T7 . ) J J 1 :) . j •» '1 J o UILBUR P. ANDERSEN 3555 FREDERICK ST UAYZATA, HN 55391 JOHN HCELOD 3565 FREDERICK ST UATZATA, HN 55391 BRUCE NEUTON SR. 3580 FREDERICK ST UAYZATA, HN 55391 JEFFREY D. PUCH 3585 FREDERICK ST UAYZATA, HN 55391 harry paasch 2150 KENUOOO UAY UAYZATA, HN 55391 JULIE R. COPELAND 2180 KENUOOO UAY UAYZATA, HN 55391 SUE OIHHICK 2160 KENUOOO UAY UATZATA HN 55391 CLAIR ROOD PROPRTY PO BOX 248 HAPLE PLAIN HN 55359 SUSAN BRICSS 3245 LAFAYETTE RIDCE CT UATZATA, HN 55391 DOUCLAS JOHNSON 3265 LAFAYETTE RIDCE CT UAYZATA, HN 55391 ) s I i \r • i I 'A SALLY J. nCCABE 3285 LAFAYETTE RIDCE CT UAYZATA, HN 55391 BRUCE RhBACO 2400 ■ CASCOPTRD WAYZATA, HN 55391 TOM MICHAUD 2408 CASCO PT RD WAYZATA, MN 55391 STEPHEN SKORO 2428 CASCO PT RD WAYZATA, MN 55391 JOHN ROBERTS 2454 CASCO PT RD WAYZATA, MN 55391 LYLE A. BUERKLE 2474 CASCO PT RD WAYZATA, UN 55391 BERT ROOEUALO 3443 CRYSTAL PL WAYZATA, MN 55391 DIANE LOSCHEIDER 3449 CRYSTAL PL WAYZATA, MN 55391 - *)) -J .) o o J o . 2431 CARMAN ST WAYZATA, MN 55391 ANTHONY LASELLE 2440 CARMAN ST WAYZATA, MN 55391 DIANE FISCHER 2443 CARMAN ST WAYZATA, MN 55391 TERRY ANDERSON 2447 CARMAN ST WAYZATA, MN 55391 ROBERT KUNCID 2450 CARMAN ST WAYZATA, MN 55391 TIM SNELL 2455 CARMAN ST WAYZATA, MN 55391 RICHARD A EDUARDS 2480 CARMAN ST WAYZATA MN 55391 BRUCE 6AL6AARD 2489 CARMAN ST WAYZATA, MN 55391 THOMAS LIND 2470 CARMAN ST WAYZAIA, MN 55391 ST WAYZATA, MN 55391 CLEMENT F BIRCH E205 BAYVIEU PLACE UAY2ATA MN 55391 TERESA KOCH 2225 BAYVZEU PL UAYZATA MN 55391 JEFFREY SCHNEK 2230 BAYVIEU PL WAYZATA MN 55391 RICHARD P. MEYERS 2195 BAYVIEU PL UAYZATA, MN 55391 DALE MATSON 2200 BAYVIEU PL WAYZATA, MN 55391 ROBERT HAZARD 2215 BAYVIEU PL WAYZATA, MN 55391 KIMBERLY ERIC30N 2240 BAYVIEU PL UAYZATA, MN 55391 TERRY HAl-OCK 2245 PA'^VIEU PL UAYZATA. 55391 THOMAS C. HUSTON 2250 BAYVIEU PL UAYZATA, MN 55391 i ■) .) O : O . ! •- -•* * •J J o PATTI A BURNICE 2253 BAYVIEU PL UAYZATA, MN 55391 dan SEGNER 2260 BAYVIEU PL UAYZATA, MN 55391 DAVID DEAN 2265 UAYZATA. MN BAYVIEU PL 55391 JAMES R. ANDERSON 22T5 BAYVIEU PL UAYZATA, MN 55391 JAMES HEILANO 2300 BAYVIEU PL UAYZATA, MN 55391 GENE BLOCK 2305 BAYVIEU PL UAYZATA, MN 55391 QUENTIN LAUER 2413 CARMAN ST UAYZATA, MN 55391 EDUARD LEHMAN 2414 CARMAN ST UAYZATA. MN 55391 ) • V • • 7-117-23 41 0001/02140 Ker.wccd Way onna Kabanuk 931 Dallas Road rooklyn Ctr, i4N 5 543 0 17-117-23 43 0062 Paul Waagen 3433 Livingston Ave Wayzata, MN 5 = 39j-0-117-23 11 0013 aul & Jeanne Englund '.O. Box 448 lound, 553 64 20-117-23 11 0027 Duane Kail 17305 Crestline Hutible, TX 77396 .7-117-23 41 0027 :lbert Ginkel 210 Navarre Lane iayzata, r«TN 55391 17-117-23 44 0056 3220 Navarre Lane jiobert Ritcnie 1901 Beach Lane Wavzata, MN 55391 7-117-23 44 0059 320 Navarre Lane .ichard Dodge 061 Halstead Dr [innetrista, Mtl 55364 17-117-23 44 0060 Brett Hallonquist 3320 Navarre Lane Wayzata, MN 55391 iCl— — w 565 Lydiard Avenue T c C B 3 ifl “ ,0<v*" . I'l w to 5 ^ f/t/o f 4 /o ^ (2 )Vd/^ j /J J C7^7 ^ 21-117-23 22 0016 E W Blanch 3500 W 80th Street Minneapolis, MN 5543120-117-23 12 0009/10 David Butler 4475 Kwy 12 Chaska, MN 55318 17-117-23 44 0098 Jacci Segner 3300 Navarre Lane Wayzata, MN 55391 17-117-23 44 0093/94/95 Lafayette Ridga Homeowners 1709 North Farm Road Long Lake, MN 55356 1 0 J J J 1) D O O •J DAVID DELANEY 4800 CASASMITH RD EXCELSIOR «N 55331 JARXBO INC PO BOX 95 NAVARRE HN 5539S-0095 1ST NATIONAL BK PO BOX 123 NAVARRE ON 55392 ERWIN D SMITH NAVARRE STATION NAVARRE MN 55392 U OF MN ATT UTILITY CLERK 319 15TH AV SE nPLS MN 55455 DOWN EAST CFTSMN BOX 24 NAVARRE MN 55392 NAVARRE CHIRO 3496 SHORELINE DR NAVARRE MN 55392 r ( c/)il~j *7 c*>onMichael j. hurley 7710 COMPUTER AV #125 MINNEAPOLIS MN 55435 o G Sri C Ir CERM-TOM PARTNRSP PO BOX 1411 HTKA MN 55345 c *f OVERSON PROPERTIES 17211 - 14TH AVE N PLYMOUTH MN 55447 4^ NCCBA 7260 UNIVSITY AV NE#1 10 MPLS MN 55432-3128 K » K RENTALS PO BOX 59 NAVARRE MN 55392 OONER/OCCUPANT 34^ SHORELINE-^OR UAYrATA, MN 5539 7 OUNER/OCCNPA 3594 ^ORELXNE OR UAYZATA, M. / 55391 0 / OUNER/OCCUPANT \ 3437'' R SHORELINE DR UAYZATA, MN ^ 55391 C ( c (• i : c c c c L C C V> To:Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator ^ ^ From:Michael P. Gaffron, Assistant Planning & Zoning Administrator Date:May 12, 1995 Subject:Public Hearing - Domestic Abuse Shelter Ordinance Amendment - Thursday May 18, 1995, 7:00 p.m. List of Exhibits A - Council Minutes 4/10/95 B - Draft R-IA Conditional Use Permit C - Draft B-4 Conditional Use Permit D - Legal Aspects of Conditional Use Permit: Statute Excerpts from Malkerson Training Materials Zoning Code Section 10.09 On April 10, the City Council directed Planning Commission to hold a public hearing for a proposed amendment to the Zonng Code to allow domestic abuse shelters. Council directed staff to draft two options, to a.Tiend either the residential zomng distncts or the B-4 district. Council noted that the Hessbergs would have to request a rezoning to commercial (requiring a 4/5 majority vote) if the shelter use is placed in the B-4 district rather than the R- lA. Exhibits B and C are nearly identical draft ordinances for making domestic abuse shelters a conditional use in the R-IA or B-4 zoning districts. Please remember that aU residential zoning districts refer back to the R-IA conditional use standards, including the LR-IC district. The required CUP conditions as drafted would functionally limit the shelter use to a very few areas of the City, which staff will have mapped for the public hearing. These drafts reflect an amalgamation of bits and pieces of regulation drawn from codes, resolutions, etc. used in other cities, and many of these requirements have been discussed at our work sessions. City Attorney Tom Barrett suggests two specific concerns with the drafts: • We should articulate in the ordinance our rationale for many of the specific location and site/huildin2 requirements ... i.e. why within 1,(X)0’ of a bus line... • The operations section is precariously close to acting as a licensing function as opposed to a zoning function, and the City may be ill-equipped to deal with the potential issues with licensing such a facility. Perhaps we need to limit our regulation to the impacts of it on the neighborhood, rather than on how it operates ... You may see revised drafts by May 18... Public Hearing May 12, 1995 Page 2 - Domestic Abuse Shelter Ordinance Amendment Also attached are various documents regarding the legal aspects of conditional use permits. In general. State statute indicates that standards and criteria for a given use should appear in the ordinance. The case law presented by former City Attorney Bruce Malkerson at a recent workshop suggests that if all ordinance standards are met by an applicant, the courts will not uphold a denial. Therefore, the standards and minimum requirements in the Code must be adequate to limit the use to what is acceptable to the City. Finally, a copy of the Zoning Code conditional use section is attached for your reference, StafT Recommendation This public hearing is intended to consider amendment of the Zoning Code to allow domestic abuse shelters in general. The intent is not to review the specifics of the Hessberg request. Planning Commission should consider whether the proposed standards for an R-1A or B-4 conditional use are appropriate and adequate for the shelter use. Also note that the public hearing notice in addition to being published has been sent to the expanded property owners’ list (350’+) in addition to all owners of property zoned B-4 in the City (this includes the properties along both sides of Shadywood between Lydiard Avenue and Shoreline Drive, plus the Casco Run office building further west on County Road 15). Staff will make a brief presentation, followed by public input and consideration by the Planning Commission. MINUTES OF THE REGULAR ORONO CITY COUNCIL ‘ meeting held on APRIL 10.1S95 .ABUSE Mavor Callahan 5ro^•id^d an ucda:e on the application for a shelter to provide en,ergency teosL for vtcti.L of domesdc abuse and their families as well as coonseUng ana suppon se'^•lces for %iciims and t.he v-ide: pubUc of Orono and t..e surrounoing aties _ The Plannins Commission ana Zoning .AaaTjnaScrator Macuswi ..c efforrs in the extensive snidv and public information meeongs regarain^ ahe snelter. It deter^n^rfhat the proposed location was good wtth its pro.cnmty to amemnes and various means or transportation. .Applicant. Dan Hessburg. reponed receiving a SIO.OOO grant from the McKnight Foundation to go towards the shelter. "s?bm.v ::^Vreh;rOrono ^v^XaThenL^^^^^ CaUahan said that the purpose S'^de" I fh/r^orl^Sendation ^ft m^ne cTn:^srn “^^^end the code under resident^ aopJication or a similar situation. Callahan said that, althou^ he imtost^ds the PlLing Commission's recommendation to amend the nerson^lv rejects the idea that the shelter should go into a residenti^ai zone as a con«pt of use. Calliian prefers that the area be rezoned commercial. A shelter representative asked for clarihcation to cormrm what was Callahan's opinion. Hurt voiced that she preferred residential zoning with a condition^use wito ^ feet of residential area and would like to see the shelter go forth. Goetten felt that a C W was a good option, but if not the general consensus of the Council, was willing o the issue in more detail. Jabhour concurred with Callahan on changing the zoning code to see the shelter become a realitv- and fell the site was a good ^ Jabbour said he would have no problem with this site being commercial u the shelter did not transpire. Hurr voiced concern with the lack of a CUP in commercial zoning, htousth that the B-4 zonina would also require a conditional use permit for this use. office space is the permitted use in the B-4. but is open to other uses such as retirement and nursing homes, with a conditional use perrrut. / /minutes of thf, regular orono cm' council MUSUTES^O^-^^ HELD ON APRIL 10. 1995_________ (#7 - Shelter - Continued) ‘fi»A the- Council that the promise of state funding has been A shelter representative notified deadUne. Dan Hessburg reponed extended to August. Tne proje- earns of the sale of the property. Shelter concern on Lhe landowner's amendment would not hinder their time representatives were imormed tna. a zoiiu - frame for the project. Ma-fusih reponed thetpresented, one opuon rL—T^re^d:n":i and the order wirh a zoning change ro commercah specifically to look at B-4 code. of rezonins to B-4 commercial with the Callahan poUed the Council on their op lookinc at this omion and would like to reouiremem of a CLT Hurt was not Mabusth reported that hear from the pubhc ana Commission. Goenen also was not the pubhc hearing would be held by . gp^uon of theti^^Attom^^^^^ The public hearing will be scheduled for May. USE OF cm- DRIATWAV FOR ACCESS TO PRIVATE^D^VELOPMENT (MELAMED) ' ^ Mr. Melamed was presen / pip^sed >j5erty in c trees. / . ::: use of the City dnveway. / Mabusth said that the^^ is the code impacted and S:"ore^c is first ^-they approve an addidonal what upgrades of drive would be request^ PROPOSED ORDINANCE AMENDMENT >=rr ORDINANCE it , 2ND SERIES AN ORDINANCE REGULATING DOMESTIC ABUSE SHELTERS AS A CONDITIONAL USE IN RESIDENTIAL ZONING DISTRICTS The City Council of Orono ordains as follows: SECTION 1. Municipal Zoning Code Section 10.20, R-IA One Family Residential District, Subdivision 3, Conditional Uses, is hereby amended by adding Subdivision 3 (Q) which shall read as follows: "Q. Domestic Abuse Shelters. The use of a structure for providing housing and other services for victims of domestic abuse. Any such use shall meet all the following require*nents: I.Location. 1. Structure shall be served by and be connected to municipal sewer. 2. The site shall access directly to an arterial or collector roadway and shall not gain access via a local neighborhood street. 3. The site shall be within 1,000 feet of a public bus line. 4. 5. 6. The site shall be within 1,000 feet of a retail shopping area. The site shall be within 500 feet of one of the following commercial zoning districts: B-1, B-3, B-4, B-5, B-6. The site shall not be within one-half (V4) mile of another domestic abuse shelter. II. Site/Buildings. 1. 2. 3. Buildings and additions to existing buildings shall be consistent with the character and scale of the neighborhood. Exterior materials shall be compatible with surrounding properties. An appropriate transition to neighboring properties shall be provided via landscaping and site design consistent with City ordinances and policies. The use shall be subject to applicable regulations regarding signs, parking, and other zoning district performance standards. 1 4.The site shall provide a minimum of 3,000 s.f. of lot area per overnight resident based on proposed capacity. 5. 6. 7. 8. 9. The structure shall provide a minimum of 300 square feet of floor area per overnight resident based on proposed capacity. The applicant shall provide detailed analysis of expected traffic generation. To avoid unreasonable traffic impacts on adjacent residential neighborhoods, the following limitations shall be met: a. b. c. Shelter use will not be permitted on properties gaining access via private road or shared driveway. Shelter use shall not be permitted on properties which would require regular access via local streets. The amount of traffic generated onto arterial or collector roadways shall not significantly impact local streets. On-street parking shall not be allowed. Adequate off-street parking based on anticipated uses shall be provided. On-site circulation will be required to avoid backing onto streets. Driveways and emergency vehicle access shall be maintained at all times. A privacy fence or other suitable screening may be required at the discretion of the City Council. Shelter facilities shall conform to Minnesota State Building Code and Fire Code requirements. A formal site and building plan review by the Planning Commission and Council shall be required. 111. Operations. 1. 2. The applicant shall comply with all applicable codes ^d regulations and shall have current and in effect the appropriate State or other licenses. Any conditional use permit granted pursuant to this ordinance shall become invalid if State or other licenses become invalid. The applicant shall submit detailed program information including goals, policies, activities schedule, staffing patterns and targeted capacity which may result in the imposition of reasonable conditions to limit the off-site impacts. 3. The facility shall be overseen by a Board of Directors. The applicant shall submit bylaws of the Board of Directors, resumes of members of the Board of Directors and Articles of Incorporation to the City. 4. A committee shall be established consisting of the Orono Police Chief, an Orono City Councilmember, a neighborhood representative, a representative of the applicant organization, and a fifth member to be agreed upon by the City and the applicant. The committee’s purpose shall be to review the openrions and complaints, if any, associated with the Shelter, and upon an annual basis, to report its findings to the Orono City Council for determination as to compliance with the terms of the conditional use permit as well as other State and local ordinances, stanites and regulations. 5. In the event that upon such a review by the Committee, the Orono City Council finds that the terms of the conditional use permit are not being substantially complied with or that State and local ordinances, statutes or regulations are being violated, the conditional use permit shall be revoked. 6. A background investigation shall be performed to verify the MW iilicr.tion of tlie Director/Administrator and the responsible operation of the program, such investigation to be paid for by the applicant. 7. Per City ordinance requirement, the conditional use permit if granted will be issued for the shelter use for a specific site and not to a specific applicant, however, any material change in the operations or purpose of facility shall be cause for the City Council to review the conditional use permit. IV. Additional conditions may be required by the City in order to address the specific impacts of a proposed shelter." SECTION 2. Adoption and Publication. This ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 1995 by a vote of___ayes and____nays. day of ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor iSW , c PROPOSED ORDINANCE AMENDMENT ORDINANCE #, 2ND SERIES AN ORDINANCE REGULATING DOMESTIC ABUSE SHELTERS AS A CONDITIONAL USE IN THE B-4 OFFICE AND PROFESSIONAL BUSINESS DISTRICT The City Council of Orono ordains as follows; SECTION 1. Municipal Zoning Code Section 10.43. Subdivision 4, Conditional Uses, is hereby amended by adding Subdivision 4 (K) which shall read as follows: "K. Domestic Abuse Shelters. The use of a structure for providing housing and other services for victims of domestic abuse. Any such use shall meet all the following requirements: I.Location. 1, Structure shall be served by and be connected to municipal sewer. 2. The site shall access directly to an arterial or collector roadway and shall not gain access via a local neighborhood street. 3. 4. 5. The site shall be within 1,000 feet of a public bus line. The site shall be within 1,000 feet of a retail shopping area. The site shall not be within one-half i}/i) mile of another domestic abuse shelter. II. Site/Buildings. 1. 2. 3. 4. Buildings and additions to existing buildings shall be consistent with the character and scale of the neighborhood. Exterior materials shall be compatible with surrounding properties. An appropriate transition to neighboring properties shall be provided via landscaping and site design consistent with City ordinances and policies. The use shall be subject to applicable regulations regarding signs, parking, and other zoning district performance standards. The site shall provide a minimum of 3,000 s.f. of lot area per overnight resident based on proposed capacit)'. 1 5. The structure shall provide a minimum of 300 square feet of floor area per overnight resident based on proposed capacity. 6. The applicant shall provide detailed analysis of expected traffic generation. To avoid unreasonable traffic impacts on adjacent residential neighborhoods, the following limitations shall be met: a. Shelter use will not be permitted on properties gaining access via private road or shared driveway. b. Shelter use shall not be permitted on properties which would require regular access via local streets. c. The amount of traffic generated onto arterial or collector roadways shall iioi '.ignificantly impact local streets. 7. On-street parking shall not <*e allowed. Adequate off-street parking based on anticipated uses shall be provided. On-site circulation will be required to avoid backing onto streets. Driveways and emergency vehicle access shall be maintained at all times. 8. A privacy fence or other suitable screening may be required at the discretion of the City Council. 9. Shelter facilities shall conform to Minnesota State Building Code and Fire Code requirements. 10. A formal site and building plan review by the City Planning Commission and Council shall be required. III. Operations. 1. 2. 3. The applicant shall comply with all applicable codes and regulations and shall have current and in effect the appropriate State or other licenses. Any conditional use permit granted pursuant to this ordinance shall become invalid if State or other licenses become invalid. The applicant shall submit detailed program information including goals, policies, activities schedule, staffing patterns and targeted capacity which may result in the imposition of reasonable conditions to limit the off-site impacts. The facility shall be overseen by a Board of Directors. The applicant shall submit bylaws of the Board of Directors, resumes of members of the Board of Directors and Articles of Incorporation to the City. 4. A committee shall be established consisting of the Orono Police Chief, an Orono City Councilmember, a neighborhood representative, a representative of the applicant organization, and a fifth member to be agreed upon by the City and the applicant. The committee’s purpose shall be to review the operations and complaints, if any, associated with the Shelter, and upon an annual basis, to report its findings to the Orono City Council for determination as to compliance with the terms of the conditional use permit as well as other State and local ordinances, statutes and regulations. 5. In the event that upon such a review by the Committee, the Orono City Council finds that the terms of the conditional use permit are not being substantially complied with or that State and local ordinances, statutes or regulations are being violated, the conditional use permit shall be revoked. 6. A background investigation shall be performed to verify the qualification of the Director/Administrator and the responsible operation of the program, such investigation to be paid for by the applicant. 7. Per City ordinance requirement, the conditional use permit if granted will be issued for the shelter use for a specific site and not to a specific applicant, however, any material change in the operations or purpose of facility shall be cause for the City Council to review the conditional use permit. IV. Additional conditions may be required by the City in order to address the specific impacts of a proposed shelter." SECTION 2. Adoption and Publication. This ordinance shall be published in THE PIONEER and THE LAKER newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this , 1995 by a vote of___ayes and____nays. day of ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor ICIAL MAPS, future street purposes frequently divened to 's without hardship or of land may be denied 'ense of dislocating the -;aD of land needed for •v-ners to adjust their its are made which will ed a major thoroughfare arrying out the policies prepare and recommend :ire municipality or any olic hearing, adopt and tace and purpose ot the licipality at least ten days be prepared in sufficient lines on the ground. In been made pnor to the of the future acquisition •red land surveyor. .After •>py of the adopting ordi- led in sections 462.351 end filed, the issuance of ovisions of this section, ay new street is opened, y the municipality, it is tructure placed without Li.'.its of the mapped street i upon the existing street ption of an official map eas identified for public ze the municipality to ,4s or structures erected .ons of a permit. :;on is denied, the board a aied with it by the owner iy case in which the board ;) that the entire property poses forms a part cannot s granted, and (b) that bal my of the official map and : owner of the property in he grant of such permit is »n to the notice of hearing •e published in the official ig. If the board of appeals Tiing body or other board n t.he date of the deosion interest therein, and if no onsible for issuing build- ,c conforms to local ordi- :a, hei^t ";iid other details ; permit is granted. HOL.SI.NG. REDESXLOPME.Vr. PLO>MNC, ZONING 462J6 5 462J595 CO.NDITIO.N.AL USE PERMITS. Subdivision 1. .Authority. The governing body may by ordinance designate certain _es of developments, including planned unit developments, and certain land devel- erment activities as conditional uses under zoning regulations. Conditional uses may ^ approved by the governing body or other designated authority by a showing by the applicant that the standards and entena stated in the ordinance will be satisfied. The standards and entena shall include both general requirements for all conditional uses, and insofar as practicable, requirements specific to each designated conditional use. y Subd. 2. Public hearings. Public her nngs on the granting of conditional use per- A mits shall be held in the manner provided in section 462.357, subdivision 3. \ Subd. 3. Duration. .A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the municipality'from enacting or amending official controls to change the status of condi tional uses. Subd. 4. Filing of permit. .A certified copy of anv conditional use permit shall be hied with the county recorder or registrar of titles of the county or counties in which the municipality is located for record. The conditional use permit shall include the legal description of the propeny included. \ History: J9S2 c 507 s 25 462.3597 I.NTERIM USES. Subdivision 1. Definition. .An “intenm use" is a temporary use of property until a particular date, until the occurrence of a panicular event, or until zoning regulations no longer permit it. Subd. 2. .Authority. Zoning regulations may permit the governing body to allow intenm uses. The regulations may set conditions on interim uses. The governing body may grant permission for an intenm use of property if: (1) the use conforms to the zoning regulations: (2) the date or event that will terminate the use can be identified with cenainty; (3) permission of the use will not impo'se additional costs on the public if it is nec essary for the public to take the property in the future; and (4) the user agrees to any conditions that the governing body deems appropriate for permission of the use. .Any interim use may be terminated by a change in zoning regulations. Subd. 3. Public hearings. Public hearings on the granting of interim use permits shall be held in the manner provided in section 462.357, subdivision 3. History: I9S9 c 200 s 2 462J6 CERTIFIED COPIES FILED WITH COUNTY RECORDER. Subdivision 1. Required documents. A certified copy of every ordinance, resolution, map, or regulation adopted under the provisions of sections 462.358, 462.359, and 462.3595 shail be filed with the county recorder of the county or counties in which the municipality adopting it is located. A certified copy of every variance to abstract or reg istered property granted under section 462.358 shall be filed with the county recorder or the registrar of titles of the county or counties in which the municipality granting It is located; except that the requirement to file a variance is satisfied if a certified copy of the resolution citing the existence of the variance is filed identifying the location where the vanance documents arc available for inspection. Ordinances, resolutions, maps, regulations or variances filed pursuant to this subdivision do not constitute encumbrances on real property. The order issued by the governing body or board of appeals and adjustments as the case may be, shall include the legal description of the propeny involved. Failure to file an ordi lance, resolution, map, regulation, variance, or order shall not affect its validity or enforceability. Subd. 2. Filing with contiguous plan.iing authorities. A copy of a comprehensive 1 b.-z BEYOND THE BASICS: LAND USE REGULATIONS; FINDINGS OF FACT AND GENERAL CONCEPTS RELATING TO HOW THE LOCAL GOVERNMENT ’S STAFF, PLANNING COMMISSION, GOVERNING BODY, AND DEVELOPER SHOULD INTERACT WITH EACH OTHER IN LAND USE MATTERS AND HOW TO MAKE SURE THE RECORD OF THE PROCEEDING IS ADEQUATE FOR SUBSEQUENT JUDICIAL REVIEW by Bruce D. Malkerson, Attorney Popham, Haik, Schnobrich & Kaufman, Ltd. 3300 Piper Jaffray Tower 222 South Ninth Street Minneapolis. Minnesota (612) 333-4800 April 6 and 29,1995 Sponsored by: Government Training Service c. The above findings should be sufficient to justify a denial. Findings that are not supported by so much expert testimony may also sometimes be sufficient. However, if the applicant introduces expert testimony and the City^d/or the objecting neighbors do not rebut that evidence with enough cre^ble cxpen testimony, then even well-drafted findings of fact will not be sufficient in order to prevail. ^ However, the City need not convince the court that every finding is sufficiently supported by the facts in order to prevail. If legal^^pne finding supported adequately by the facts in th^record may be sufficient Hubbard Broadcasting. Inc, v. Citv of AKon . 323 N.W^d 757 (Minn. 1982). In addition to the above, it is helpfulto i^ntify in the findings, by reference to exhibit numbers in the record, all key^hms and documents submitted by the applicant and others so there will b^no cohfusion or debate before the court on appeal as to what plans and documents w'ere^tually in the record and which were the final plans that acmall^were voted up^by the planning commission and council. Additional findings shoiUd be added as appropriate undeKeach of the above ordinance standards if^ere is any rationd basis to include^em. However, in each instance, stateconclusion and referrence the evidence^hich supports that conclusion. £^h conclusion must be relevant to the standartt^in the ordinance. R^ember, the court should not substitute its judgment tsi^;^that of the City if>here is a rational basis for the decision. The decision neeohot be empiriMHy right The decision only needs to be rational \ The Appellate Courts Have Provided Several Additional General Guidelines for Petermining the Adequacy of the^Findlnys of Fact . The following guidelines relite to conditional use permits whi^, if denied, are the most difficult to uphold on^ppeal. They are alxn delines to USe in denial of rezonings and variances where the city’s burden is much easier to meet 1. 2. The reviewing court wiD assess the legal sufficiency of the reasons given by the city and determine whether, if legally sufficient they had a factual basis in the record. C.R. Investments. Inc, v. Village of Shoreview. 304 N.W.2d 320 (Minn. 1981). Denial of a special use permit is arbitrary if it is established that all standards specified by the ordinance as a condition of granting the permit have been met Hav v. Township of Grow. 206 N.W.2d 19 (1973). Zvlka v. Citv of Crystal. 167 N.W.2d 45 (Minn. 1969). * 013/220777664(3/93_____ Page 100 TVrt: . J. 4. 5. 6. 7. 8. 9. 10. A conditional use peimit may be denied in some circums^ces on the ■ h T if ic in conflict with the comprehensive plan. Hubbanj basts .that It ts ^^2 N.W.Zd 757 (Minn. 1982); . ri~ n7 Maole^^od . 467 N.W.2d 631 (Minn. App. (Minn. 1978). Exoert opinion which merely speculates on possible h^ds and expressing concern is not sufficient Fa^thbumer? v. Countv of Carlto n. 504 N.W.2d 66 (Minn. App. 1993). Neighborhood opposition and expressions of concern for public safety L welfare are not sufficient as basis CbMhajSsn Fsiate.s Resijjenis Assoc, v. CitY pf |Qga^- isj^rthwestem Tnllege v. City of Ardgn HiUs. 281 N. 865 (Minn. 1979). Non-expert opinions regarding the effect of a proposed use on the value of adjai^nt property, on poUuUon of the water, on notse n^sanw. on dust problems and on aesthetic impact on the environmMt is nM ..■ffiLnt to deny a conditional use penniL Sf"ti C99IHY ,.c Jriiv of Shakopee . 417 N.W.2d 721 (^. re^ew denied! TTiis is especiily roe if the appUcant has subtmtted expert testimony to the contrary. If the appUcant compUes with the conditions in the ordinance for obS^: special L permit, then effea on “ not relevant Wefliinf v HlY 9f 51. L9«8 m’w 7d I7I (Minn 1969); Dstrand v. Village of North SU Paul> H7 N.W.2d 571 (Minn. 1966). A mere Ust of the sources of information to support a denial is not sufficient The findings should show how the information w^ mm • « W%. _ • A. I• m ^ * _ _ A. Valiev 1 1 XX V ritvofHugo. 388 N.W.2d 739 (Minn. 1986), Limitation of the number of one type of use in an area is not a leg^ basis to deny. Metro 500 Inc, v r\tv nf Brooklyn Park. 195 N.W.2d 558 (Minn. 1972). Aesthetic considerations which adversely affect value of adjacent properties may be considered but may not be the sole Hpnial r. R. Investments. Inc, v. Village of Shoreview. 304 N.W.za 320 (Minn. 1981). 015/220777664/3195 Page 101 11.In a small community, city officials have the experience, competence, and capacity to measure the impact of a permit on property values and to weigh and assess similar issues without relying on expert wimesses to determine whether or not the use is in harmony with the general purpose and intent of the zoning ordinance and comprehensive plan. White Bear Parlnng and Storage. Inc, v. City of White Bear Lake. 324 N.W.2d 174 (Minn. 1982). 12.As to conflicting expert evidence on an issue, the court is not to weigh the evidence. The court should review the record to determine whether there was legal evidence to support the zoning authority’s decision. Barton Contracting. Inc, v. Citv of Alton, 268 N.W.2d 712 (Minn. 1978). XI. CONCLUSION Land use law and the procedures which should be followed to persuade the government to approve the developer’s or conversely to justify a denial of an application (or convince the Court to sustain your position) have become very complex. If you hire experienced experts at the beginning of the application process and create the appropriate record, your chances of success will be improved dramatically and your overall cost in time and money should be less. OI5/2207T7664«/95 Page 102 n> S i.0.08 ^«e. rvriration. Variances„.-«tra 11 expire y-v Subd. 1 apcrovalused. Any ^ ^ one year arter t.i>s^w- Cj. ^oauire a^..n^wvariance. chance in use or the pVq^r-y sha - Sou^<?^: Ordinance No. 172 fective Date; 1-1-75 cd^v of every variance granted under the rrovisVcns 462,35 9 Shell be^ed J^iS^rsuant to Minnesota Variances fileajjf^h ^..e uq jr conVtJ-tute encumbrances Statutes, Sect^^im 46 2.36, Subd. / citv>b^ll include the on real prop??. iLolvedf* l^re to file a legal d^piptron .for enforceabilTV variance^hall not affect luS vaiioiv-y SBC. 10.09. CONDITIONAL USES. ..^ • ria'i n«;es* Purpose. In order to give Subd. 1. the flexibility necessary to achieve the district use regui.at-on rharter in certain districts, the objectives of the gub^^ect to the granting of a use conditional uses are permi •- » those uses generally not suitable permit. Conditional uses may under somein a particular ^ - strict ,^^but ^wh^ circumstances be -ranted. Conditions may be applied conditional use permit may g . .r review of the permit may to issuance of the a particular use and be required. The permit shall .. Because of their unusual not for a JJ®”i°"uses rtquire consideration so they maycharacteristics, conditional uses q obiectives of the Zoning be located properly with respect to the oODecti respect toChapter and the Comprehensive Municipal Plan^a^nd^^^^ their effects on surrounding propertie .^ grant and to deny lF^7°c«l?ns ‘for ■'cTdftVon®! use%ermits and to impose reasonable conditions upon the granting of these perm Source: City Code Effective Date: 4-1-84 Subd. 2. Conditional Uses; -e^Permi^ commission. Before the C°“"=i-\3“/ii,ld‘‘iS th^ district regulations for such conditional uses as ^ _ shall be referred to of the Zoning Chapter, the reque „„o,-n-ina the effect of the the Planning Commission for character and development ^?rrn"y,^°or^7o ”r"tSI unanimous Action wlive reference to the Planning Commission. Source: Municipal Code Effective Date: 9-14-67 ORONO CC 267 (4-1-84) § 10,09 c?nh^ ? Conditional Uses: Application. Whenever this Zonina Chac-,' a conditional use perr.it, an applicationZoning Chap. . -eqt ^ filed with the Zoning Administrator limited to# the following: A. Site plan drawn at scale dimensions with B. Location of all buildings, heights, and square C. Curb cuts, driveways, parking spaces. D. Off"Street loading areas. setbacks noted, footage. by shift. F.* Type^of^business, proposed number of employees G. Proposed floor plan with use indicated and building elevations. H. Sanitary sewer and water plan with estimated use per day. ^ lighting plan showing the lighting of parking area, walks, security lighting and driveway entrance light. ORONO CC 268 (4-1-84) s 10.09 A landscape plan with a schedule of tne olantings . ^hc;t-actor ’s certified property certificate K. An 350 feet of the outer boundariesshowing the property owners wi.nin 350 teet of the property in question. Source: Ordinance No. 1/2 Effective Date: 1-1-75 Uses* Failure of Planning ■ If no recommendation Is transmitted by the Commission to Act. . gi«tv (60) davs after referral of thePlanning Commission within si- y^ commission, the Council may tl^e'altlon without further awaiting such recommendation. Source: Municipal Code Effective Date: 9-14-67 Subd.. 5.. conditional uses: Hea“"^9S^^snd, Not^ice^ Planning : “/tiol’^flc a conditional use permit. Notice hearings on each qiven not less than ten (10) days or of the public nrior to the date of the hearing by „ore than thirty (30> ^ ?>eispaper for the City. Such notice oublication in the the land and the proposed shall contain the place of the hearing. At least conditional use and ^ the City Clerk shall mail an t*pn (10) days before the nearing, r»f the property owners identical notice to the owner ^"tndtrfes of the la% in question, within 350 feet of the °“tside boundaries or tne^^ responsible for For the purpose of giving records to determine the mailing the notice may use any appropriate 3„a a list of names and addresses of owner • ^ notice was sent shall be the owners and addresses ° nprson and shall be made a part of attested to by the responsi ^ failure to give mailed notice the records of the proceedings. ||“s ^n thi notice shall not to individual property owners, fide attempt to comply invalidate the proceedings, ‘'Tt theiuh this subdivision has been made At the P a„d the Planning Commission or Ind shall receivestatements and drawings submitted there^^^^ proposed pertinent evidence h#»^onerated or maintained. Any conditions under which it ^ P . agent or attorney, party may appear at the hearing in p ^mnosed by the Council» the Subiect to such limitations as may for the conduct of Planning Commission or may^ include provisions for the proceedings before it. filina of written briefs y giving of oaths to witnesses and ^he ^ record of the final action. (4-1-84) ORONO CC 269 § 10.09 Subd. 6. Conditional Uses: Granting of Permit. A. The Planning Commission may recommend and the Council may grant a conditional use permit as the use permit was aDoli^d for or in modified fornir if on the basis of the application and the evide.nce submitted, the City makes the following findings: 1. That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan; 2. That the proposed location of the conditional use and the proposed condition under which it would be ooerated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or imoroveraents in the vicinity; and, 3^ That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. 3. A conditional use permit may be revokable, may be granted for a limited time, or may be granted subject to such conditions as the Council may prescribe. C. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this Section shall prevent the City from enacting or amending official controls to change the status of conditional uses. D. A certified copy of any conditional use permit shall be filed with the County Recorder or Registrar of Titles of the county or counties in which the City is located for recor . The conditional use permit shall include the legal description of the property included. Source: City Code Effective Date: 4-1-84 Subd. 7. Conditional Uses: Denial of Permit. Council shall set forth contemporaneously in writing and in detail all the reasons for the denial of the conditional use permit appii” cation. No application for a conditional use permit which denied wholly "or in part shall be resubmitted for a period or six months from the date of said denial, except on grounds of ne evidence or ptoof of changes of conditions found to be valid by cn Planning Commission. Source: Ordinance No. 172 Effective Date: 1-1-75 ORONO CC 270 (4-1-84) s 10.09 3 rnnn’tional U;.es: Lapse of Permit. A pets.lt is issued =V®V'/orpietto^ the site which was the subject of the for fn additional period of one year use oermit may ce ..new «iied orior to thi expiration of one provided that the .I^foelmit is filed with the Zoninc year from the dat^ ’co^uncVl mav qrant or deny an application for renewal of a conditional use permi . j*i-iranfll Usess Lapsc of UsG. Should a Subd. 9. Conditional Uses^^ ^P^ ^ oeriod of six (5) conditional use conforsiance with the terns of the months, future use ^hall be cessation is determined to oe zoning Chapter of war. due to illness, natural disaster or Source: Municipal Code Effective Date: 9-14-67 _ ^tca Permits for Non—Conforming Subd. 10. %” and legally existing on uses. All conditional use permit upon December 1, 1974, f all ^ thar january 1, 1976. Such application " u-.. allow the continuation of the non- conditional use permi And decree as then existing on conforming use to the same be granted without °pf iToat/on^ fee'and' the f f coOdUioL^O-ta'fnfng o £ I'^L'tfhO uOeT^luoOOefmftV sOal^^noI be subject to periodic review. Source: Ordinance No. 172 Effective Date: 1-1-75 subd. 11. conditional f if “^bjl-t w p«iodic Petition. Conditional use f □, revocation,, unless such Council review for the purp ,. • _1 Qf the original permit, or, a review is one of the conditions of the iolation of the unLs7\he actual land terms of the permit, provided ^hat' ^ those whose property the adjacent property owners subiect to the conditional Ues within 1,000 fet f. f® a puflif hear ing on t.he use permit) tne Council sha council shall determine, continuation of the permit, Th ah.nn of the conditional fuch public hearing, whether and general use in question is If ^hfcSinlil may, after sucnof th6 C6sid6nts of thG City. iisG pGirmit petition and hearing, “®, ' such'ldiitional conditions as Unchanged, approve a "®« P®t'?y,ffwelfare, or may be necessary to protect health, sat-ty ot y (4-1-84) ORONO CC 271 S 10.09 hionsX QS0 D0irmiw» upon ^0rrni.n3uion terniinate tne existing c " ^he Council may allow the former a conditional use ront’''’’ue for such period not in excess of conditional use . ^3 to* orovide time to move or otherwise is permitted. Source: Municipal Code Effective Date: 9-14-67 Subd unlawful Act. It ia unlawful to violate any condition Ifa conditional use permit. Source: City Code Effective Date: 4-1-34 in in general REQUIREMENTS. At any tim^ after the SEC. 10.10. City, the ?lanning/Commission,adoption of a 1-^d use plan ...e Cit/,.tn the land for the purpose yirooosed zoning ordinance >Sd submit it to use plan, may prex^re a , . • „ adoptio/L Subject to the the Council with ^ '«=°™”r/"the c°u" ^ ® L^^““rdiL^c°i ^;YS’ol^t‘h!5ds^%e of allj^^eohets. ^:rd^rh"eVon notice of the time, ‘ ^ the City not less than ten published in °/Vhaf thtX^^ to the day of the(10) days nor more than Vdistrict boundaries LJ^ing! When an ^hall be affecting an area or A than thirty (30) days mailed not less than Jo\ach owner of affected propertyprior to the day of the hearin^ to ^ch own^^^^ feet of the and property situated '^hol^ rel^t^. For the purpose of giving orooertv to which tne araendwe ’kimailina the notice may mailed 'notice, the of use any appropriate of the owners and owners. A copy of th^ notice ® . X, ^ attested to by the addresses to which ''h®/^°hice was sen the records of the rrSin7s.“rro;^trr “oi"a 'frde"°a\^!e^pt \comply with this Subdivision has been made. Subd./2. Initiation of •^•'”®”^?®”^^4lated^y'*An amendment/to the Zoning Chapter may oe coUission; of the Coun/il; (2) a recommendation of the ?lann (3) by pet^ion of the owner(s) of ^heir or adjoin g p^ zoning of/which is proposed to be cnanged A" to the initiated by the Planning Commission shall °® upon Panning com^mission for study and report and may not be acted (4-1-84) ORONO CC 272 PLANNING COMMISSION MEETING THURSDAY, MAY 18, 1995, 7:00 P.M. 2780 KELLEY PARKWAY - COUNCIL CHAMBERS -I ATTENT)ANCE 7;00 P.M. PL'BLIC HEARLNG - ZONING CODE AMENTIMENT : ALLOWING " SHELTER FOR VICTDIS OF DOMESTIC ABUSE AS A CONDITIONAL USE IN THE R-IA OR B-4 ZONING DISTRICTS 1. Presentation by City staff 2. Public comments - / ' 3. Planning Commission discussion and recommendation 4. Continuation of Public Hearing to a Date/Time To Be Announced ADJOUTLNMENT NOTE: DUE TO ANTICIPATED LACK OF A QUORUM ON MAY 18, THIS HEARING WILL BE CONTINUED TO A DATE/TIME TBA FOR FORMAL PLANNING COMMISSION ACTION ON A RECOMMENDATION TO THE CITY COUNCIL. At’ * \e_-lA ^ T>f2Af^ ' s:to3 . I o 0o ^ ww •» • l[ s J B VI V f© 3 r HIT 1 1 i ; i' (?\5 . c»*. ••. V 1 ;5 'S 5.1 /r\ ft N___ f.! :i>u v\ I 5 « l/W I ~ 0> \ I • I- ( o 0o S 10.20 D. Public service Structures. Public service structures, including but not limited to electric transmission lines, buildings such as telephone exchange stations, booster or cressure recriilatinQ stations^ W0Xls# ana pXuniDing s^a^lons# lltvatVd tan\s, lif\ stations'and electricaljowar substations, provided no building shall be located within 50 from any lot line of an abutting lot in an "R" District. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighbornood in which it to be located and thus will promote the generax welfare. structures as defined above that have been approved y . , required public hearings for public improvement projects shall not require a conditional use permit but ^uch structures shall be subject to all other appropriate standards set forth in this section; amendments to approved plans involving design and/or placement of these structures will require City to all affected property owners 14 days prior to the adoption of the amended plans by the Council. Source; Ordinance 29, 2nd Series Adopted: 2-23-87 E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so stored material from view when observed from the public street or adjoining lot. Commercial greenhouse structures shall not be located in a required yard area, and are subject further t° the general zoning code requirements pertaining o acce structures. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 F. Recreation Areas. Private gun clubs, archery ranges, ski slides, provided the area is fenced and no part of tne principal use is less than 150 feet from any lot line. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 G. Guest Houses fit Non—rental Guest Apartments. 1) Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use o e occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirem shall be met by the guest house. Source: Ordinance 29, 2nd Series Adopted: 2-23-87 ORONO CC 280 (4-1-84) SEC. 10.20. R-IA ONE FAMILY RESIDENTIAL DISTRICT S 10.20 Subd. 1. purpose. The "R-IA" One Family Residential District is intended to F^rovide a district which will al^ combination of lew density residential agricultural activity. Planned allowed by conditional use permit. shall have immediate access to highways and public sanitary sewer. Subd 2 Permitted Uses. Within any "R-IA" One Family Residential District! no structure or land shall be used except for one or more of the following uses: A. B. C. One family detached dwellings. Public owned parks and playgrounds. Municipal buildings. following uses except by conditional use permit. A Schools. Public schools and parochial or private schools ihich teach a curriculum similar to » provided no building shall beline of an abuttinq lot in an "R" District and that a J®"ce be erected fifteen feet or more from all abutting use is for open play, and nursery schools providing fifty square feet of playground space per pupil. B. Churches. Churches including those related structures located on the same site which are an the church proper, convents or homes for religious function on the same site provided no building rrelidence shall be located within fifty feet of any lot line oL an abutting lot in an "R" District. C. Clubs, Camps, etc. Golf courses, country clubs, tennis clubs, public swimming pools serving more than one scout camps, YMCA camps, YWCA camps, church camps, profit porks, playgrounds and other similar uses. The princiFal Structure for any of the above listed uses shall he 100 feet or . _non aCC©SSOiY-rri-m a^r^utti; i^Tn an Oistriot. a^ accessory s?ructu?es shall bra mlnr^^^^ fifty feet from any lot line. ORONO CC 279 (4-1-84) S 10.20 2) Non*2Tcnt3X Gu6St Ap3irtin0nts* An dpAir^tinGn^ within the principal residence structure on a lot for the sole use of the occupants of the ®',hall^ht at leait domestic employees or non-paying guests. ? one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest and inte^^rthe concerns of parking, sewage <:reatment, entryway and interior access method. Such apartments shall not separately from the principal residence utilities and shall not have a separate street address. Source: Ordinance 29» 2nd Series Adopted: 2-23-87 H. Planned Residential Development. Limited to detached single family dwellings only and subject to the limitations of Section 10.32. I. Duplex credit. One duplex may be located on a single lot as a conditional use upon fJIt tsthat public sanitary sewer service available, and the lot i adjacent to a commercial or industrial district,^ and constructed within 200 feet of the commercial F district. A duplex is defined as a two-family unit building . J. Apiaries. K. Antenna Structure. One independent antenna structure with antenna or combination of antenna subordinate to and servicing the principal use or to slml lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna from anv not exceed 6 5 feet and the antenna structure is ®et back from any lot line a distance at least equal to the total height of the antenna structure. L. Farms (Crop and stock). Provided that the area is ten or more acres. M. Animals. The keeping of domestic animals for non-commercial purposes including horses for the use of tne occupants of the premises. A minimum of one acre in ' exclusive of one acre for the principal building, must be for each animal unit, except as hereinafter set forth. ^ minimum of two acres of open pasture must be available for * , and one additional acre must be available for each horse. When the horses are kept stabled and do not ^ j for feed purposes, the minimum pasture requirement may be adjjustea at the discretion of the Council. Such minimum pasture shall not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions the City Code. ORONO CC 280-1 (4-1-84) S 10.20 N. Stables and Barns - Private. The use of an accessory building for keeping animals for non-commercial purposes Paragraph M of this subsection. Further, no such structure shall be located less than 150 feet from the nearest adjacent residence and no closer than 75 feet from the nearest lot line. C. Stables and Barns - Public. The use of accessory buildings or land for the storage or not owned by the property owner or resident. Such must meet the requirements of Section 10.03, Subdivision . 'Iw* nearest lot structure shall be located less than 150 feet from the nearest lot line. P. Riding Academy. Any such instruction maintained as an accessory use and conducted by the owner shall meet the requirements of Sections M, N and O of this subdivision instruction shall occur less i ^ residence or less than 75 feet from the nearest lot line. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 ORONO CC 280-2 (4-1-84) S 10.42 L. Fencing. Wherever a "B-3" Shopping Center Business District abuts or is across the street from an "R" District, an adeauate fence or compact evergreen hedge not less than 50% opaque nor less than six feet in height shall be erected. When adjacent to a street, it shall not be less than three feet nor more than four feet in height. M. Building Design and Construction. See Section 10.40, Subdivision 6, Subparagraph G. N. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. SBC. 10.43. B-4 OFFICE AND PROFESSIONAL BUSINESS DISTRICT. Subd. 1. Purpose. The "B-4" Office and Professional Business is intended to provide a district which is related to and may adjoin residential districts or other business districts for the location of administrative office buildings and related offices. The office uses allowed in this district are those in which there is limited contact with the public and no exterior display or selling of merchandise to the general public. The district shall have immediate access to adequate highways and public sanitary sewer. Subd. 2. Application. All applications for a building permit in any "B-4" Office and Professional District shall be reviewed by the Council and may be referred to the Planning Commission for review. Subd. 3. Permitted Uses, Within any "B-4" Office Professional Business District, no structure or land shall be used except for one or more of the following uses: A. Municipal Buildings. Municipal buildings where the use conducted is customarily considered to be an office use. B. Offices. Professional offices and offices or the general nature. C. Clinics. Clinics for human care on an out patient basis only. D. Banks and Insurance Offices. Subd. 4. Conditional Uses. Within the "B-4 ” Office and Professional Business District no structure or land shall be use for the following uses except by conditional use permit: A. Nursing Homes, Hospitals. Nursing homes, hospitals, rest homes or retirement homes, provided the site contain not less than 600 square feet of lot area for to be accommodated and that no building be located less tnan feet from the side lot line. ORONO CC 345 (4-1-84) § 10.43 n qrhools. Private academies, schools, trade schools, colleges and universities for teaching. Animalc Research Centers. D. Veterinary Clinics or Kennels, hosoitals, clinic or kennels. E. Libraries. F. Museums. G. Galleries, Etc. Historical buildings, museums, art institutes, galleries and playhouses. H Restaurants (Class I). Restaurants which are located within ^nd mainly °^oV\\e‘’“r“sti«an"^^^there is no outside display or advertising of the restaurant use. T Parkinq. Off-street parking when the principal _f nff-street oarking abuts on a lot which is in another "B"\r -I"* District and is in the same ownership as the ••n" nr "T" District and subject to those conditions as set forth in Sect/on 10?6l“rubdivision 4 and other such conditions as found necessary by the Council. j. Public Services. Public service structures, including, but not limited to, electrical transmission lines and ^ etevVte\*^?a'’nTs*, ^Tl-fT'stVtfo^- 'anT electr ic^ power substations. Subd. 5. Accessory Uses. Within any "B-4" Offand Professional Business District, the following us permitted accessory uses: A. Any accessory use as regulated in the "B-1" District. Subd. 6. Area, Height, Lot width, Yard, Setback and Design Requirements. square feet. A.Area, The feet. B.Lot Width. feet. C.Front Yards. D.Rear Yards. feet and unless the rear yard has access ccora o “ assure alley, a side driveway of 12 feet shall be provided to assure access. ORONO CC 346 (4-1-84) S 10.43 E Setback Requirements, No building shall be neater than 35 f'eet to any front lot line, 35 feet to any rear lot line 15 feet to any side lot line» 35 feet to any side lot line adiacent to street: exceot when abutting or across the street from an^"l" Distrfcl no building shall be less than 35 feet from such lot line. Professional Business'" District abuts® 3^®/" along the side nVr"®les% 't®h"rn ri/7er=\n®Sr, feet nor higher than four feet adjacent to street) shall be erected along the abutting lines except within the required front yard. G. Building Design and Construction. See Section 10.40, Subdivision 6, Subparagraph G. H 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 plans shall be submitted by the applicant in such detail as required by the Council and those plans shall be City Engineer before submission to Council for approval. Such runoff may be required to be properly channeled into a natural water course, area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise compliance with the Surface Water Management Plan consistent with other applicable regulations or City Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. I Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. SBC. 10.44. B-5 LIMITED NEIGHBORHOOD BUSINESS DISTRICT of hardcover. The district may adjoin residential f other business districts which ate subject to more controls. The district shall have immediate access highways and public sanitary sewer. Because of the locatio "B-5" District as contemplated in the area known as Navarre in cne city, the uses ate limited in order to limit the hardcover in that area and to limit the future generation of traffic 55, property in that use district since there is already a tra problem in Navarre. ORONO CC 347 (4-1-84) (£7//./= , • t : %••Lp \ V . ••* PEimON FOR ZONING CHANGE• * TO ACCOMMODATE A BATTERED WOMEN'S SHELTER AT 2380 SHADYWOOD ROAD r ; I W«, the undersigned, support Westonka Intervention Project’s r«;ucsl to the City of Orono for s zoning change that will allow Grace Baptist Church to be converted to • 20-bed shelter for worien and children who are victims of domestic abuse. The shelter will serve the greater Lake Minnetonka community of approximately 100,000 peopl» living In 14 cftics end municipalities Including Orono. Volunteers from Westonka Intervention Project hove been providing support, educetion, and advocacy sarvices to residents of Orono, Mound, St. Bonifocius. Minnestrista. Spring Park, Long Lake, and Minnetonka Beach since 19f-4. We believB these Miviees. and the proposed shelter, are valuable needed services In our community and therefore fully support the zoning change. PHONE # Ul._ Spnn^ 1 4?/-7^^' 4 ^ ________________________________________________________1/ 7 C 0 o ^’-^1 _ ■ //jC. ■¥7JZ -;i 7 X J^^Tni^itYtorn^fimPYtlVcx M67% f.-L 2 PETITION FOR ZONING CHANGE TO ACCOMMODATE A BATTERED WOMEN’S SHELTER AT 23S0 SHADYWOOD ROAD Wt, the undersigned, support Westonka Inteiventlon Project ’s request to the City of Orono for a zoning change that win aJlow Grace Baptist Church to be converted to a 20-bed shelter for woman and children who are victims of domestic abuse. The shelter wrin serve the greater Lake Minnetonka community of approximately 100,000 people fiving in 14 cities and rmswcipalities including Ororw. Volunteers from Westonlw Intervention Project have been providing support, education, and advocacy services to residents of Orono, Mound. St. BonSacius. Minnestrista. Spring Perk, Long Lake, and Minnetonka Beach since 1984. We befieve these services, and the proposed shelter, are valuable needed services in our community and therefore fully support the zoning change. / ADDRESS____PHQME # r <1 f L i'g—v-V /) r /I' ^/cL _' * __ ___W7/-^V 9/ .............................— 3 f)cuJCc/V\fL vnx SL^/^ o. V7/- c.- > I'. • V7Ai':A35 •Mi >1 • ■•ff I • #17777 \*w [m m I .T^ •] WiJiJ ssaiiymWk Wl wmsmm wm VWr^iA^ wammmmmm mm m m *51 ir •72-95- / * :?-^f nU ^3^Y ORONO PLANNING COMMISSION MEETING ^ ^ MINUTES FOR MAY 18,1995 TZ^Ty,^ PUBLIC HE.ARING - ZONING ^ allowing "SHELTER FOR VICTIMS OF DO^^^STIC ABUSE AS A CONDITIONAL USE IN THE R-IA OR B-4 ZONING DISTRICTS W ROLL The Orono Planning Commission met on the above present Chair Stephen Peterson. Candace Rowlette, and Jamce Berg. Charles Sdnoder, Charles Nolan, Sandra Smith, and Dale Lindquist were absent. ^ Administrator Jeanne Mabusth. Assistant Plat^g »d tom.s iWh^ OailTon, and Recorder Sherry Frost represented Staff. Chair Peterson called the meeting to order at 7:10 p.m. Chair Peterson announced the lack of a quorum at this meeting^ In order to vote on an issue, a majority number of commissioners must be present. This heanng wiU be continued to Wednesday, May 24, 1995 at 8:00 a m. Peterson said the meeting is in relation to a. hange in the ordinance to be considered in the City of Orono 20b . es were sent to residents pertaimng to tius meeting as well as advMisement in the Im ai paper. All meeungs have bwn open to the public fince the original application re . » V' made earUer this year^ “ gain input from the public. A vote by me V<* ang Commissioners wtU be held on Wednesday, May 24, making a recommen an on the zoning code amendment, will then be passed on to the Council for lueii approval. (#1) PRESENTATION BY CITY STAFF Gaffion outlined the application’s process to date^ The .P'7"S work sessions earlier this year On April 10, the Council duected >he Pla^g Commission to hold a pubUc hearing and asked the members to consider both an R1 Residential conditional use permit amendment and a B-4 Professional Office commerci zone CUP as an alternative. This condiuonal use would be added to the list of existing conditional uses. In residential zoning, all other zones refer back to the R1A distnO standards. There are three areas in the City zoned for B-«. Gafiron noted on a map t B-4 business area in Navarre. The property on which the Westonka Intervention Shelter is proposed is in the LRIC residential zone. If the ordinance is amended to allow a shelter as a CUP m , a would be a need to rezone the property and apply for a condition^ use pemt. a chances to allow shelters in R-l A, there would be no rezonmg, only a conditional use pemlt required. At this meeting, the Planning Commission is looking at to amend and in which district the use should be allowed. The ordinance draft spec criteria in three categories; location, site/building, and operations. (Staff Presentation - Continued) ».«.h., - •- the police depanment, as well as input from the applicant. Gaffron said he asked isrevised to allow this conditional use Statute and ordman . . a ^ If there are no standards. conditional use, there need to be ^peafic s ^ impossible to uphold 'conditional use, there need to be uphold’ in then a denitU of any ”'0^000^1 wer^o m . ^ cnteria and standards ;tho^^^^ The Attorney was «ncemed ^socoun. By the same token, if any appbcant were o — concerned also =Ce^to“t^- .He efrL ofl.censin. which GaSfon said the City might not want to get involved in. •%-, M ^ ^ ^ ---------- ^ Peterson asked for specifics. Gafifron said the City Attorney ..eked that the k-'ty ^ regarding a Board of Direaors and • A_ :iT^nPAr on 2X1set Barrett noted operation items #3 and #6 regarding a isoara o v^Ui other CUPs but saw the need to know the background of businesses. rediffi-nn ^d items #4 and #5 dealt with a committee that would need to be estabUshed for provided by another city.J ------------------ r.ffron .aid the Attorney thounht #7. renarding City authority to review the CUP in the trad°rJIi^ster the Ucense and any problems that should arise? For example, s " In the shelter, is the City able to deal with This would not be a land use/zoning issue, and zoning staff would not deal with . Peterson said the City did not intend this to be a licensing situation. Gafifon said under the location section of the ordinance, there ^e TVx residential CUP without limitations could encompass most of the City, but the Lifer use^ for all locations. Barrett had suggested that the location limitations should be logical, understandable, and as in the embellished upon why the item was included in the ordmance. and why the q was important. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY’ 18, 1995 PUBLIC HEARING - ZONING CODE AMENDMENT #4>4 (Staff Presentation - Continued) Peterson asked if the concent was onJy with the residential format for an ordinance. Gaflron said this applies to the B-4 draft also, which is nearly tdennc^ to the residential draft. However, in location item #5, it would not be logical to say within 500' of a business, when in a B-4 zone. Location item H, being by a bus. would be imponant to be within walking distance to a bus. Gaffion said #4 and #5 regarding proximity- to commercial/retail areas, mav be redundant. Gaf&on looked at where these distncts are within the City and explain^ what was included in each commercial zorung distnct. Examples were cited west to east in N'avarre showing B-S, limited neighborhood busmess. B^ oflice, B-l general commercial, B-3 shopping center, grocery Areas ot cotnmerctal inning were shown on Hwx 12 with B-6, Otten Landscape Nursertes, other B-l, north ofzoruns? were snowTi on nw\- iz wun o-v, x-rvis,*. ------: , ’ • ,. • Hwy 12 between Old Crystal Bay Road and Willow with potential cotnmerctal bustness and quad-type homes, plus Long Lake commercial uses adjacent to 2 acre and 1 acre • t * fresidential areas Gaffron presented a map showing a 500' radius around the Navarre businea area. The Westonka Intervention site meets the criteria listed. There is a bus line on CoRd 15 and one coming from the Excelsior area, and another west through Spring ^k. The ordinance would state the properly must be within 1000' of a bus line^ There wm also the Standard set in other cities that a shelter not be within one-half mile of another shelter. Barrett had questioned why this would be required, the need to embellish on the reason, and whether it would hold up in court. This standard is listed under both the commeraal and residential formats. The Attorney questioned the need for 3000 s.f area under Site/Building item #4 and the 300 s.f area requirement under #5. Peterson said he was in favor of the shelter and believed he spoke on behalf of the other commissioners not present, as well as the Council members. If it was aswmed that both groups agreed on the need for the shelter, then the issue was only to decide on the appropriate zoning; residential with a conditional use permit, or commercial zoning with the need to change from residential to commercial with a conditional use permit. The mechanics of the ordinance are what need to be worked out since both cases involve CUPs which would restrict the use. (#2) PUBLIC COMMENTS The meeting was opened to public comment. (Public Comments - Continued) NONUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON \LAY 18, 1995 PUBLIC HEARING - ZONING CODE AMENTIMENT abuse is a sodetal problem. Rood asked how many cases are m Orono and comment .d that he had thoucht the police department did not think there was a problem with abuse. Peterson said the numbers are not known; although there have^en few reports in the City, the City has not been equipped to handle the problem m the past Berg commen that the shelter would serve other communities as well. It was also Rood's opinion that the proposed site was in a busy commercial area, and a Liter should be tucked into a residential area. Rood said Orono ne^s a downtoi^ra and other feUow citizens agreed svith him. Those in attendance voiced their with this statement. Rood was concerned with undesirable characters visitmg the area toking Wle who were being sheltered. Berg said statistics show more nsk when a victim is at home, and abusers do not follow scrims to ".^son time a victim U in a shelter, the abuser is legally restncted from the victim The abuser is more likely to show up at the homes of friends and relatives but not at shelters. Peterson continued that problems would happen at unregulated places. Rowlette said the Planning Commission looked at the statistics on other shelt^ md Lcl department reports as she originally was concern^ with the same ^ Rood After reviewing the statistics and finding her fears to be unfounded, it no longer is a concern of hers. Rood again reiterated that it was his opinion that a shelter should not be in a area Rowlette responded that it was a good location. It is import^t to be near a bus Im for transportation when no car is avaUable, near a grocery store, a store, ^^twd of tucked away with no access to these needs. Rowlette also mentioned that the location is served bv tbuee school distria bus routes to enable chUdren ^ying at the facility ^ attend their owii school. Rood asked where these children would play and was told a fenced play area would be provided. Gene Scanlon, 2815 Casco Point Road, brought up the point of the length of time the property has been vacated, which has resulted in numerous inadences J was^Iid there have been more calls in vandaUsm to the property than calls to ^y shelter. Scanlon also asked if any other appUcations for businesses have come before the commission. Rowlette said she knows of none in the past 6 years, and Peterson said none in the past 4-1/2 years that he was aware of MINUTES OF THE ORONO PL.ANNING COMNOSSION ^ MEETING HELD ON NUY 18. 1995 ^ PUBLIC HEARING - ZONING CODE AMENTIMENT (Public Comment - Continued) S = X'=sr no more calls to shelters than any other place. Martha Williams 431 ^ North Shore Drive, asked what the dilemma was m making a r;s!dLial or commercial. WiiUams asked if ,h. problem was based or orecedeni sening, and saw the decision tonight on how to create the conditional uS pelt. Peterson said there are members of the public who feel a commerad is needed and anytime residential zonina is considered tor change to commercial, it is a J^c" sL.,on. I. was'rmied. and brought to Mr. Rood’s attennor, t^t many mwe of thf public have adamanemly asked that the property remain rwidential. W^ams said it it was not a dilemma, then why the difficulty in mi^ng the «le^|Siom Peterson brought up the issue of future use of the property if vicinity. TWs would open the property use to whatever it is zoned for. The City and the public are worried about future use. Williams asked if the applicant qualifies under residential zoning, what advantage is there to the appUcant for commercial zoning. Peterson said th^e was applied and the appUcant just wants the application to be approved under whatever zoning is necessary The applicant's concern is with the CUP. WiUiams asked who requested for the commercial zoning consideration^ Peterson sud if the property was left residential and the shelter was to disband at soitw fi^re « would still be zoned residential; and the Council, at that time, would deade on the u«. The mechanics would be in place to put a shelter within any resideirtial area meetmg the ordinance condiUons. The concern here is that this might not be what we want to do. If the area is zoned commercial, this would not happen. WilUams said then the concern was with precedent setting. Peterson and Rowlette confirmed this. Gaffi-on said there is a ditference between a City being able to grant a use variance and a performance standard variance. Under the current code, the City cannot ^ant a use variance to aUow a shelter in residential or commercial. But, if a residenti^ zone conditional use amendment with standards is adopted, then the City ^ re ^^ ® . now ^d in the future grant a variance to the adopted standards. Gaffron ^d the Cot^U is concerned with more shelters being in the many residential areas and may want to limit the number and location of similar-type uses. With o y areas in the City zoned B-4, there is only a very limited area in which a shelter cou g PUBLIC HE.'UUNG - ZONING CODE AMENDMENT Peierson wonde^ b^o^der'"'«> °"’’" '>'P“ rb“d%t";rM Rowlene brought up the issue of the propert>' was later sold and was zoned williams commented that if it was having come forwajd for responded that the property was not sold as transitional, it would scr/e both sid ^ g . under B-4; Municipal commerde. property-.. uses, nursing hontes. buildings. ofBces, clinics, banks, msuran , ^ ^ cafeteria-style restaurant To?rbu« ^ There is also an accessory use list. Vderie Hessburg, appiic^t. for a zoning change,he residential zoning. The Council leaned preliminanly recommend a CUP and 8 protection of the City. the property renrain residential with a CUP. The Council will have the final say. Peterson replied to the affirmative. ■H ™,nv locel residents of the area would like the property to stay residential _ Peterson S3jd many local re • ^ r- • i t»/Virk Jc fnr the shelter is very concerned Rowlette said the closest neighbor, Mr. Enckson, -nH tn keen traffic desires. Peterson asked if any members of the public had a concern with the shelter itself. No one in attendance responded. ™ tetti'rt'r Williams agreed that domestic abuse is permanent. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NL\Y 18. 1995 ^ PL'BLIC HEARING - ZONING CODE AMENDMENT ^ (Public Comments - Continued) Gene ScanJon reported on the condition of the locker rooms for .he '’“V* ^ the high school and .he des.mc.ion .here He quesr.one.^^ where .he anger corn« from and feels .here must be alot of abuse. The low number of calls to the police were noted (.) but felt people called elsewhere, since there was no shelter to cal.. people. Rowlene responded .ha. she, as well as the Planrang Commission and Council Members, are in favor of the shelter The only isme is how to zone, and the need to determine. e mechanics ot how this will be accomplished (#3) PL/ fNING COMMISSION DISCUSSION AND RECOMMENDATION Gafiron begun going over the drafts for changes. Changes to the draft are as noted. Section 1 - Q the title, and other sections where the term "domestic abuse shelter" is used; Discussion proceeded on the type of shelter and whether the ordinance should be expanded to allow other types of shelters than just "domestic abuse Hessburg said the word "shelters" is not always used. Rowlette said an ordinance would probably use the word shelter. A public comment was suggested that the wording be ’ victims in need o shelter" Peterson questioned whether this would mean anyone with a need could use the shelter. Hessburg said the Department of Corrections set state guidelines regulatmg the use for victims of abuse and limiting the use. It was acreed that the heading would be revised to read. "Q. Residential Shelters. The use of a structuie for providing housing uid other __o,.. in n*K»d nf shelter Anv such use shall meet all the fo/owingfor people in need of shelter. Any such use requirements. Under the Location section, #3 and #4 were revised to include a reason for the standard, such as; ""3 The site shall be within 500 feet of a public bus line th^t public transponation is within reasonable walking distance." and "#4 The site shall be within feet of a retail shopping area to y^rv<? thg ngylS-Of the Facility within walking distance" or similar. 5^ PUBLIC ffi.AR^’G ■ AMEND-NENT (Discussion and Recommendaiion - Commuea) iic r^femnR to the various Business zones, was not It was noted that the Location itein ^5, refemng „e«Jed in the Conunercial B-» draft antendraent. Location trd. "don-.cstic abuse" was ondtted to be consistent. U was conunented that Nh. Mf "u.^ - -““as the indicated that Utniting the ,„,on this is added is to not duplicate a sole legal reason to deny an »PP''^ ^ ^ „ on the neighborhood. Hessburg satdrs«r» ”X. other. Under "II. Site/Buildings", no changes were required. Rowlette asked what the reason was for ^equi^m^ was not easUy Gaf&on said this came from other aties^ ^ problem. Rowlette asked about justified, but if the area suggested a certain amount of space to limit parking space and play ^d needs. ^rhout getting specific. Peterson the number of people. Hessburg said there were not and direction asked if there were any state gu^ehnes. Hessbur^^^^^^ t^^ ^ usually came from the city. guidelines for nursery schools and day cares. Mabusth did say there were ^ a privacy fence and screening, as well as a Rowlenc ^referred to . "shelter". *en this would not 'alwa«“ppl^ “lition could be stipulated in the CUP resoluuon. toe access from CoRd 19 and no service from the back street. . Regarding Section BI. Operations, item Gafrbon suggested the second sentence be changed to: ■Anv conditional use permit granted pursuant to this ordinance • State or other licenses become invabd. This would eliminate the automatic invahdation that concerned the anomey. After some discussion regarding ^ Couned will r“«tiv“®?o^^ of Directors". This would be less burdensome ti«. having a separate board. s MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 18, 1995 PLiBLlC HEARING - ZONING CODE AMENDMENT (Discussion and Recommendation - Continued) As a result, the language in items #4 and #5 was removrf, and language regarding compliance would show up in the conditional use permit resolution. It was noted that Operation item !#6 is an application requiremenr Peterson asked tf this was a state guideline but Dan Hessburg said it was not Valene Hessburg satd they ch«k the backgrounds of their advocates. Jane Gross believes it was good to keep m as she has the Anor^. It was felt that the be decided how the background investigations will be conducted. (#4) CONTINUATION OF PUBLIC HEARING TO A DATE/TEME TO BE ANNOUNCED Peterson said a vote would normaUy be taken at this time but wiU be conducted at the continued public hearing on Wednesday, May 24. Gaffion said the revised language would be completed for the continued publtc heating. Rowlette said she would likely miss the May 24 meeting but wanted tt to be known ttet she would prefer to have the property remain residential. She felt *e ordinance woring was restricUve enough with the 500’ limitations to ehminate a problem with shelters being located in any other areas. Peterson reported on a petition received in favor of the shelter. 43 signatures wot on the petition and came from the Westonka area. There were no comments for or against any changes in the code. The application will be heard at the Council meeting of June 12. Mabusth encouraged applicMt to submit the appUcation for the CUP to Staff There may also be an application for rezoning needed. Rowlette encouraged the public to attend the Council meeting if they had any opinions to — regarding zoning. The public hearing will be continued to 8:00 a.m. on Wednesday, May 24, 1995. ^ minutes of the orono planning commission MINUTE J^Y 18, 1995 PUBLIC HEARING - ZONING CODE AMENDMENT adjournment PLANNING COMMISSION COUNCIL PUBLIC ATTENDANCE MEETING DATE PLEASE FILL OUT THE INFOP-MATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)address 1. ^A», acv9;:i kuyiO fkl PRESENT FOR (from agenda) NAME OR NUMBER 2.- Y!("aa^ C4-s-<fc> Pr /f. fl J/^A . ■ k hsjK . .vCr -^/LUu' 9 10 <<)r\_Q=£^±= i. fji^ii^.i }-Arsn^y t t i % /'• M < i 7 /I 18. 19. 20. ORONO PLANNING COMMISSION MLMJTES FOR MAY 24, 1995 CONTINUATION OF Pt^LIC HEARING: PROPOSED AMENDMENT OF ZONING CODE TO ALLOW DOMESTIC ABUSE SHELTER AS A CONDITIONAL USE IN THE R-IA OR B-4 ZONING DISTRICTS . h ' 6-s-?r ROLL The Orono Planning Commission met on the above date with the f llowing memb- p; .sent: Chair Stephen Peterson, Charles Schroeder, Sandra Smith, Dale Lindquist, Charles Nolan, Jr. and Janice Berg. City staff was represented by Building and Zoning Administrator Jeanne Mabusth and Assistant Planning and Zoning Administrator Michael Gaffron. Public attendance is per the attached listing. Chair Peterson called the meeting to order at 8:05 a.m. CONTINUATION OF PUBLIC HEARING Peterson informed the public that this is a continuation of the public hearing held Thursday evening, May 18. At that meeting, only 3 Planning Commission members were present and no quorum was reached, therefore that public hearing was continued lO this tune. He indicated that the 3 members at that meeting had directed staff to make specific revisioa> m the language of the draft ordinance amendments and Gaffron had made those revisions. Copies of those revised drafts are available near the lectern for members of the public who wish to review them. Peterson briefly reviewed the process to date, noting that a number of work sessions, a public information meeting and a public hearing have been held, and that minutes of those meetings ^ available. He further noted that the City has met and in fact exceeded the public notification requirements for this hearing and the public information meeting, including published notice as well as mailed notice to residents in excess of 350’ from the proposed Westonka Intervention Shelter site in Navarre. Peterson requested that Gaflron give an overview of the draft lendment. Gaffron noted that two ordinances were drafted, one amending the B-4 Commeicial Business District, the other amending the R-IA Residential Zone to which all residential zones refer. The commercial and residential drafts are nearly identical, save for one or two entries. Both drafts add a new conditional use, "shelters", to their respective code sections. Gaffron noted that he had discussions with the City Attorney and the Chief of Police regarding certain of the "operations" language and requirements, and would note their comments as we got to those items in the listing. Gaffron noted the members present on May 18 had recommended that the words "domestic abuse" be dropped from the title and the heading, which would have the effect of not limiting the allowed conditional use to merely domestic abuse shelters, but would allow shelters in general. Further, in the heading section, the wording 1 ORONO PLANNING COMMISSION MLNLTES FOR MAY .'4, 1995 CONTESTJATION OF PUBLIC HEARING: PROPOSED AMENDMENT OF ZONING CODE TO ALLOW DOMESTIC ABUSE SHELTER AS A CONDITIONAL USE IN THE R-IA OR B-4 ZONING DISTRICTS ■'people in need of shelter" replaced the term "victims of domestic abuse". Schroeder commented that op>ening the shelter use to any kind of shelter may be premature, in that the focus of the entire review process to date has been towards domestic abuse shelters. The Planning Commission and staff haven’t researched other types of shelters, how they operate, etc. He indicated he would at this time be opposed to limiting the shelter use to other than simply domestic abuse shelters. After some discussion. Planning Commission chose to continue reviewing the proposed changes and come back to this issue. Gaffron stated that in the location section. Items 1 and 2 remained unchanged, but Items 3-6 (3-5 in the commercial draft) now included explanatory language defining the reasons for proximity to a bus line, proximity to retail shopping and commercial zoning, and the basis for separation distance between shelters. Rowlette noted that it was her impression that at the previous meeting the members present requested that the 1,000 ’ proximity to a bus line and retail shopping be revised to 500 ’ to be consistent with the 500 ’ proximity to a commercial district. Other members agreed that 500 ’ is the appropriate distance, and agreed that the 500 ’ sundard is near enough to be considered reasonable walking distance to shopping, public transportation,ai^ the services provided by the commercial districts near a residential zone. Planning Commission further agreed that it would be inappropriate for shelters to be less than one-half mile apart, agreeing that this would reduce the potential impacts on any given neighborhood by not forcing more than one shelter in a neighborhood. Dan Hessberg of Westonka Intervention commented that there is also a negative financial impact on the operation of a shelter if many shelters are located in a small area and none of them are used to capacity. Gaffron commented that in the Site/Buildings section of both drafts. Items 1 , 2 and 3 remained unchanged. Items 4 and 5 now include explanatory language to the effect that 3,000 s.f. of lot area per resident and 300 s.f. of floor area per resident will eliminate the potential for site overuse, will accommodate the necessary amenities within the site boundaries, and will eliminate the potential of overcrowding the facility. Items 6-10 under Site/Buildings have not changed from the original draft. Gaffron noted that in the Operations section. Item 1 had been revised to eliminate the automatic invalidation of the conditional use permit if State or other required licenses become invalid. The City Attorney had suggested that due process would be better served by requiring a review of the CUP if other licenses become invalid, which would then allow the Council to determine whether the CUP should be revised or terminated. Planning Commission members generally agreed this was an appropriate revision. ORONO PLANNING COMMISSION MINXTES FOR .MAY 24, 1995 CONTCSXJATION OF PUBLIC HEARING: PROPOSED AME.NDMENT OF ZONING CODE TO ALLOW DOMESTIC ABUSE SHELTER AS A CONDITIONAL USE LN THE R-IA OR B-4 ZONING DISTRICTS Gaffron indicated that upon recommendation of the Police Chief, the requirement that resumes be submitted for each Board of Directors member, has been omitted. The Chief suggested that because the Board of Directors is likely not directly involved with the day-to-day operation, requiring their resumes may be intrusive. He questioned what the City would do with that information. Planning Commission members commented that it may be helpful to know the makeup of the Board of Directors in reviewing a specific application, and generally felt this is a valid and not unreasonabl: piece of information to ask for. Gaffron noted that as discussed at the previous meeting, the City Attorney was uncomfortable with the language to establish t separate committee to review the operation on a regular basis. He had questioned how this would be set up and who would be responsible for it. He expressed concern that if this committee made an annual report suggesting a problem, it would have to refer back to the City Council for any type of action. Gaffron further noted Aai the Attorney was concerned about the status of the Operations section acting as a license ordinance, and ‘he Citv staff was likely not in a position to deal with the potential licensing issue.-* that might evolve from the shelter use. Gaffron noted that the Planning Commission members at the last meeting agreed that Items 4 and 5 be eliminated, but that a condition be added that the City Council shall annually appoint a representative to the Board of Directors to act as a liaison between the Board and City Council. Smith asked what would be the function of the liaison. Gaffron noted that that person might be expected to attend Board of Directors meetings and report back to the City Council on a regular basis. Gaffron noted that ’Operations’ Item 6 in the original draft required that a background investigation be performed to verify the qualification of the Director/Administrator of the shelter. He noted that the Planning Commission members at the last meeting suggested that staff review this with the City Attorney and Police Chief. Gaffron noted that the Chief had questioned what kind of a background investigation would be performed, who would perform it, and based on the results, what would the City do with that information. He had indicated Aere are matiy types of background investigations that could be done, and if the City was intending to keep this as a requirement, it should identify very specifically what background information or type of investigation is required, and identify llie consequences of the various possible results of such investigation. Based on that discussion. Item 6 has been removed from the revised draft. Gaffron noted that Item 5 of the revised draft incorporates language from Item 7 of the original draft which includes "boiler plate" as to when the City might review a conditional use permit after it is granted. He noted that the new language also incorporates portions of the ongmal ORONO PLANNING COMMISSION MINUTES FOR MAY 24, 1995 CONTINTJATION OF PUBLIC HEARING: PROPOSED AMENDMENT OF ZONING CODE TO ALLOW DOMESTIC ABUSE SHELTER AS A CONDITIONAL USE IN THE R-IA OR B-4 ZONING DISTRICTS Items 4 and 5 suggesting that if the City Council is presented with evidence that the CUP or other State and local ordinances, sututes and regulations are being violated that the Council may review the CUP. Planning Commission agreed that this was appropriate. Chair Peters-on at this time asked for comments from the members of the public who were present, iarr .acobson of 2328 Olive Avenue indicated that it was his preference that the shelter ordinance not be expanded to allow anything other than domestic abuse shelters. He noted that he had never received written notice. Mabusth advised that his name is on the list and there is no record of a notice being returned in the mail. Mr. and Mrs. John T. Larson of 3225 Lafayette Ridge Court indicated they were present representing themselves as well as the Lafayette Ridge Homeowners’ Association, a portion of which is in Minnetonka Beach. Tliey noted that the Minnetonka Beach residents had not been notified of this hearing, although they are relatively near the proposed shelter site. The Larsons indicated that they were here to object to the proposed use. and that their Homeowners’ Association doesn’t see a shelter as the best use of the Navarre site. They indicated that their neighborhood is directly linked to the proposed site by Navarre Lane. They indicated they had not been present during the earlier review sessions, and Peterson noted that minutes were available for those meetings for any member of the public who requested them, so that the public could see the depth of the Planning Commission’s review which has occurred to date. Clair Rood of 2215 Kenwood Way noted that he had been at the last meeting and it is his impression talking to his neighbors that they really don’t know anything about the process that is occurring. He commented that while a domestic abuse shelter may be needed somewhere around Lake Minnetonka, he felt the Navarre site was not the appropriate location for it. He suggested that the Navarre area needs more commercially zoned land, and this site would be a logical expansion of the commercial area. He suggested that Navarre does not necessarily provide the wide range of services that might be needed by a shelter. He questioned why this multiple family-type use was being suggested for a single family residential zone or a commercial zone. He also questioned ownership of the building, whether it would be a private owner or an organization owning it. He noted that the high price he believes was paid for the adjacent commercial zoned gas station site was much greater than is being paid for the residential shelter site. Rick Meye*-s of 2195 Bay view Place questioned whether the Planning Commission had reviewed the shelter in relation to the Comprehensive Plan, noting that in the Urban Housing Policies, CMP 5-12, wording indicates that residential areas of urban Orono are primarily suitable for single family homes. He questioned why a multiple family-type use is being proposed for a residential area. It was noted that in the B-4 alternative, similar uses such as nursing homes, rest homes and retirement homes are allowed. ORONO PLANNT^G COMMISSION MINUTES FOR MAY 24, 1995 CONTINUATION OF PUBLIC HEARING: PROPOSED AMENDMENT OF ZONING CODE TO ALLOW DOMESTIC ABUSE SHELTER AS A CONDITIONAL USE IN THE R-IA OR B-4 ZONING DISTRICTS After all public comments had been heard, further discussion ensued regarding whether the shelter use should be opened to other than domestic abuse shelters, and whether the residential zone or commercial zone should be amended to allow such use. Schroeder and others indicated that thev have serious reservations about opening it up to other shelter uses, and would prefer it limited to domestic abuse shelters only. Peterson asked whether members of the public present had a strong preference for whether the shelter is allow’ed in a residential zone or in the commercial B-4 zone. Although concern was expressed that if zoned B-4 the shelter site coula reven to one of the allowed B-4 uses and the owner enjoy a substantial financial windfall in the conversion, it was acknowledged that the B-4 amendment would limit the shelter use to a verj’ small area of the City. Planmng Commission member acknowledged that the City Council had suggested the B-4 amendment although Planning Commission’s earlier recommendation was for a residential amendment to eliminate the possibility of commercial expansion. Planning Commission members indicated they felt the controls and limitations placed in the residential version are very limiting but not as limiting as a B-4 amendment. Gaffron reiterated that as a R-IA CUP. upon suitable findings a Council could grant variances to the limiting standards and allow a shelter in a much broader area of the City. Under the B-4 CUP, only areas zoned B-4 were eligible for the use. Peterson moved, Lindquist seconded to recommend to the City Council that they adopt the residential (R-IA) version of the revised draft amendment dated 5/23/95 with the following further revisions: 1. Place the term "domestic abuse shelter" back in in the title, heading, and other locations where it had previously been removed. 2. That the requirement for resumes of the Board of Directors be reinstated, staff to draft the appropriate wording. Ayes 6, nays 0. The motion was carried, Peterson noted for the public that this item would be presented to the Council on June 12. Gaffron noted that if Council took final action to adopt a CU? amendment, Westonka Intervention would be filing either a CUP application or a rezoning and CUP application, for which there would be additional public hearings and the public would again be notified. Peterson noted that staff would make minutes of past meetings available to the those members of the public requesting them. ORONO PLANNING CO\LMlSS10N MINUTES FOR MAY 24, 1995 v' ^ CONTINUATION OF PUBLIC HEARING: PROPOSED AMENDMENT OF ZONING CODE TO ALLOW DOMESTIC ABUSE SHELTER ^ AS A CONDITIONAL USE THE R-IA OR B-4 ZONING DISTRICTS ^ ADJOURNMENT EXHIBITS I LETTERS AND ADDITION.VL INFORMATION SUBMITTED BY PUBLIC SINCE MAY 24, 1995 I. II. III. IV. V. VI. VII. vni. IX. X. XI. XII. XIII. XIV. XV. 5- 29-95 Gordon Peterson Letter 6- 5-95 Judge Davidson Letter 6-6-95 Ray Pasch Letter 6-6-95 Clair Rood Letter 6-8-95 John Erickson Letter Info from Clair Rood re Concerned Citizens Group 4 Letters Dated April-May 1994 to City of Mound (submitted by Rood) Sojourner Shelter Police Calls 1989-94 (submitted by Rood) Survey of Sojourner area residents (submitted by Rood) C)uestions/Options/CUP Issues' (submitted by Rood) •Will This Shelter Serve The Needs Of The People Of Mound?' (submitted by Rood) 6-9-95 Robyn Anderson Letter 6-9-95 Brett Hallonquist Letter 6-9-95 Richard Bloomquist Letter 6-9-95 Richard & Janice Meyers Letter May 29, 1995 TO ireOM IT MAY COMCEKN: I hava baan askad by Mr. A Mrs. John Larson o£ 3225 Xi^fayabta Rld^a Court, Orono, to coounant on tha usa or tna church proparty at tha cornar of County Roads 19 A 15. I undar- stand thara is consldaration by tha City of Orono this proparty to bacoma a dooHistic abusa shaltar. Whlla this usa nay ba a good ona morally, I parsonally do not baliava that this is tha bast usa for this particular piaca of proparty. X vas prasidant of tha Wastonka Chambar of Commarca for 2 yaars in tha aarly 80*s and sarvad on tha board prior to that. I am an architact dasigning comnarclal and rasidantial spacas such as tha Byarlys Storas and Lunds. I baliava now and X did than that County Road 15 must ba upgradad comnarcially from Navarra to Mound to fit tha community naads and complamant tha araa of Orono and surrounding citias. I baliava that Mound, Spring Park and Orono should concantrata on all tha propartiaa along this corridor. Thay must ba usad to ganarata taxas. To allow a valuabla piaca of proparty to not ba usad to do so would ba unwisa. Sinearaly, Pp AOX 8889 MP18,. MN 888084869 STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT COURT MARY L. DAVIDSON JUDGE HENNEPIN COUNTT GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA SS^ST 6121 3Aa*T762 FAX 16121 3A6.2I3' 8 139-' I -S "o' June 5, 1995 Orono City Council P.O. Box 66 Crystal Bay, Minnesota 55323 RE: MOUND WESTTONKA INTERVENTION PROJECT Dear Council Members: I am unable to be at the meeUng June 19,1995 when you again address ™r lequMt to turn the church in Navane into a short-term residential shelter for vicums of Domesuc Violence. 1 wanted to reiterate how important this decision is: many victims remmn in abusive relationships because they Save no place to go. Information 1 have received from dirKtors of other shelters in the MetropoUtan Area indicate that there is nevM enough h^“ng »d that incidents of violence or disturbance due to the presence of the shelter m a commumty ^ mn-existent. In fact, those neighborhoods tend to be better patrolled and quieter than the typical neighborhood. Domestic Violence knows no geographic, ethnic, educational, or financial boundaries. If you could sit in our Family Court for a day (or two), you would see firsthand the sweep of the problem and the need for the shelter. Thank you for your time, Sincerely, Mary L. Davidson Judge of District Court CC: Dan and Val Hessburg Ray Pasch 3300 Navarre Lane Wayzata, MN 55391 JUN 8 1995 June 6, 1995 V , The Honorable Edward Callahan, Mayor and Orono City Council Members RE. Proposed Battered Womens Shelter I am a resident of Orono. I recently 3300 Navarte Lane and am in the process of p - 9 The Duroose of this letter is to formally notify you that 1 am oppoLd to the proposed Battered Womens Shelter and the reasons for my opposition. 1 The proposed location for the shelter is poor ^ is adiacent^to a residential neighborhood and its existance would neaatively affect that neighborhood. The location is alsi too^vislble and too accessible to any perpetrators who are in search of the abused. 2. There is no need for a Battered Womens Shelter to serve area residents. Police reports from 10 surrounding communities show only 2 cases of abused Women who were referred to shelters over the past 10 years. 3. The shelter would not necessarily be available °^°5rnm residents as it would most likely be filled with people from other areas. 4 Investigation has shown that similar shelters are qenerally full of people who have come to Minnesota other States and have managed to get on our welfare sys 5^ pj-Qperty values of real estate near the shelter would drop. 6. Navarre Lane would be used as an access to the shelter. This would result in increased traffic through auiet residential neighborhood and could cause danger and harm to neighborhood residents. Also residents of the neighborhood and their possessions would be exposed to possible crime by the perpetrators who could be driving through their neighborhood ^ 4.>,o qoiourner Shelter in Minnetonka has 7. Investigation of the g of minority children shown that there have beating other children from from that shelter expose ourthe neighborhood. We certainly don t neeu children to the possibility of such danger. gi-irally correct and timely for City 8. It may seem Womens Shelter. However, Iofficials to support the Batter think that it is very ‘°.‘°heiter! It is a financial structure of t e _ stands to benefit nnancnil“?roi”he P«S«“^%“^,S"tha‘°«."eslLrgs nrutstLri^''bo:S*r«re;trte and business is guestionable. A • A _ ^^ <kViA pT f*V Council M0inb6fs list©n I demand that the proposed Battered Womens to all who are opposed taxoaving residents of Shelter *P\PP°P“^[„”P^^rproposerBa««ld Womens Orono by voting agains^^ tne prof Shelter. June 6, 1995 Dear Mr. Mayor and CounciImembers; As a concerned citizen of the Navarre Orono Neighborhood I/We want it known that I/We strongly object to the proposed Domestic Violence Shelter at the site of the old Grace Community Church. Aside from being a completely inappropriate location and facility, in no way will this shelter benefit our neighborhood or our community. Our community has researched this issue and have found only two (2) persons from the 10 city - westonka area have been referred to a shelter like this in the past two years. V7e have visited with the majority of the neighbors around the Sojourner Shelter in Minnetonka and have gathered information from police reports as well. Every neighbor in and around that shelter told us that the Sojourner Minnetonka Shelter did not serve their community nor were they aware of any residents from Minnetonka, Hopkins or St. Louis Park who had ever even used the Shelter. That Shelter has been continually occupied for the past 10 years by predominately black people who were from North Minneapolis, Gary - Indiana, Chicago, Detroit a:.d other states as well. One of the neighbors has a relative who works at the Catherine Kern School and has reported to her where these families are coming from. These neighbors are witness to the out of state licenses continually cor.vng and going. Shelter Parent's children can legally .ccupy the Shelter up to the age of 18 years old. This past week there were so many incidents of local children being beat i at the Catherine Kern School by the Shelter children that one of the playground monitors threatened to quit her job if something wasn't done. 2/ If the building in Navarre was to be used as a Domestic Violence Shelter it would be occupied by twice as many residents as the Minnetonka Shelter. This would mean more police calls as well as more and bigger problems for the Mound School System, not to mention the Police Department plus mounting issues of safety and security. There is an inherent problem with continuous turnover among the shelter parents and their potentially disruptive children occupying the shelter who stay for one month, apply for welfare assistance (usually receiving top priority due to allegations and claims of abuse, from verbal abuse, etc., using this system as a means of housing/warehousing until more permanent housing can be found and until applications are completed for welfare assistance). These children are coming from dysfunctional families and can not be turned around in 30 days. In one particularly disturbing case one local young girl was beaten so badly by 3 of the shelter children that she required emergency medical treatment. (Refer to Mr. and Mrs. Jim Rooney). Note that psychological, clinical, medical and other associated services are not offered. $ There was at least one convicted Felon arrested near the Sojourner Shelter in Minnetonka. He was apparently waiting for his girlfriend who lived at the shelter to join him. Oftentimes persons using these shelters have problems associated with pro.'i^'itution, drug and alcohol abuse, etc. The neighbors have witnessed many such activities in and around that shelter. 3/ We have a great deal more information we want to share with you at the Council meeting Monday. Let it also be known that over one week ago I called Dan Hessberg who I known personally and offered to accompany him or his advocates any time day or night to call on Battered Women in need of shelter or help. I personally know of at least one local couple here in Orono who would open their home to any battered woman who needed shelter as long as they reside in the Lake Minnetonka area. The truth is that people from our area do not use these shelters. They stay with concerned relatives or friends. The people using these shelters by and large are welfare recipients. Mr. Hessberg said he would be glad to have me along but has not made any effort to call me. It is our deepest concern as a con-munity that the Mem.bers and the Orono City Council will strongly object to this location for this Domestic Violence Shelter. Sincerely/ Mr. Clair T. Rood (date) Mrs. Lynn D. Rood (date) JUN 03 'S5 Ca:Z--M »^VP IfC ?. 1 June S, 1995 John C. Ericson 1620 Shadywood Road Wayzata. MN 55391 471-9560 (H) 432-7132 (O) City Council Citv of Orono Dear Council Members: Because we have not received complete information on the proposed shelter to be located on County Road 19 a: Navarre, we are making the following requests. At this time 1 am not in favor of the church propert}' being rezoned to any other than what it currently enjoys. I am the owner of the property directly to the north of this site. I also request that as information becomes available that I be included on any mailings the Cit>' sends out. Thank vou. erxH, t -VT CONCERNED CITIZENS GROUP - NAVARRE/ORONO AND SURROUNDING AREA LIST SPEAKING OUT AGAINST THE C.U.P. ON SUBSEQUENT ZONING CHANGE. THE FOLLOWING ARE REASONS GIVEN FOR NOT SUPPORTING THE C.U.P 1. DOES NOT COMPLY WITH ZONING ORDINANCE. 2. WE DO NOT AGREE THAT THERE IS SUFFICIENT DOMESTIC ABUSE IN ORONO/NAVARRE TO JUSTIFY THIS TYPE OF FACILITY. WE HAVE NO NEED FOR THIS FACILITY HERE. 3. WE FEEL THE APPLICATION FOR THIS AMENDMENT SHOULD HAVE COME FROM THE PROPERTY OWNERS NOT WESTONKA INTERVENTION. 4. THIS PROPOSED DOMESTIC VIOLENCE SHELTER WILL GENERATE EXCESS TRAFFIC AND THERE ARE SECURITY AND SAFETY ISSUES FOR THE SURROUNDING RESIDENTIAL AREA. 5. OTHER AREAS WITH THE CORRECT ZONING SHOULD BE LOOKED AT FOR THIS TYPE OF FACILITY. 6. WE ARE AGAINST THIS LOCATION, THE SHELTER SHOULD BE CLOSER TO A POLICE DEPARTMENT. 7. THIS TYPE OF USE IS NOT SIMILAR IN CHARACTER TO THE rest of the NEIGHBORHOOD. 8. WE DO NOT FEEL WE HAVE BEEN GIVEN THE CORRECT INFORMATION AS TO WHO WILL BE THE PRIMARY USERS OF THIS FACILITY. 9. WE FEAR VIOLENCE AND THE POTENTIAL FOR IT. 10. OTHER SHLETERS HAVE NUMEROUS POLICE CALLS. 11. THIS TYPE OF SHELTER SHOULD NOT BE IN SUCH A PUBLIC AREA. 12. THIS TYPE OF SHELTER WOULD BE ALLOWED IN AN R-3 ZONE, THEREFORE A ZOING AMENDMENT WOULD NOT BE NECESSARY. THIS FACILITY SHOULD BE LOCATED IN THAT ZONE. 13. THIS PROPERTY WOULD NOT GENERATE REAL ESTATE TAXES, BUT WILL GENERATE EXCESS POLICE CALLS, THEREFORE MORE POLICE PERSONNEL AND CARS WILL BE NEEDED, COSTING TAXPAYERS MORE MONEY. 14. THE MAJORITY OF THE RESIDENTS OF THIS SHELTER WILx, BE FROM OUT OF STATE. MOST OF THE RESIDENTS AT THE SOJOURNER SHELTER COME FROM GARY, INDIANA, DETROIT, CHICAGO AND NORTH MINNEAPOLIS 15. IT IS IRRESPONSIBLE TO LOCATE A DOMESTIC ABUSE SHELTER IN SUCH A HIGHLY VISIBLE LOCATION. A TRUE DOMESTIC ABUSE SHELTER DEPENDS ON CONFIDENTIALITY WITH A VERY LOW PROFILE. 16.there ARE AT LEAST 50 CHILDREN IN THIS NEIGHBORHOOD WHO MOSTLY PLAY IN THE STREET. TEE DOMESTIC VIOLENCE SHELTER WILL BRING UNDESIRABLE PEOPLE INTO OUR NEIGHBORHOOD PUTTING OUR CHILDREN AT RISK 17. IN 1992 MR. AND MRS. JIM ROONEY'S (11721 KAREN LANE - NEAR THE SOJOURNER SHELTER) 10 YEAR OLD DAUGHTER WAS BEATEN SO BADLY THAT SHE NEEDED EMERGENCY TREATMENT AT THE HOSPITAL. THE PERPETRATORS WERE THREE SHELTER CHILDREN WHO GANGED UP ON HER FOR NO APPARENT REASON. 18. THIS DOMESTIC VIOLENCE SHELTER WILL NOT BENEFIT THE RESIDENTS OF THE WESTONKA AREA. THERE IS NO NEED FOR THIS SHELTER THIS FAR WEST OF THE HENNEPIN COUNTY GOVERNMENT CENTER. THE SOJOURNER IS LOOKING TO RELOCATE NEARER TO DOWNTOWN AS THEY ARE CURRENTLY LOCATED IN MINNETONKA. 19. FELONS HAVE BEEN ARRESTED IN THE NEIGHBORHOOD NEAR THE SOJOURNER SHELTER IN MINNETONKA. 20. THE COST IN OPERATING A SHELTER LIKE THIS HAS BEEN REPORTED TO BE IN EXCESS OF $50,000 PER RESIDENT PER YEAR, THAT IS $150,000 A YEAR FOR ONE PARENT WITH TWO CHILDREN. THE DOMESTIC ABUSE SHELTERS WE VISITED DO NOT HAVE PROFESSIONAL COUNSELING OR MEDICAL SERVICES. WHERE DOES THIS MONEY GO? THE AVERAGE FAMILY WHICH OWNS A HOME AND A CAR CAN LIVE VERY COMFORTABLY ON 1/3RD OF THIS AMOUNT. received -aI 3 1M4 April 24, 1994 Alan Goodall-Holnas, Ph.D. Licansad Psychologist 4820 Excalsior Blvd. Suita 100 Minnaapolis, MN 55416 TO WHOM IT MAY CONCERN: I ao writing this at tha raguast of Jin and Kathryn Walboum who hava askad aa to forward ny opinion concaming tha astablishnant of a donastic abuse shelter in thair ccaiaunity. As a psychologist who has practiced for 19 years# I have worked with many individuals who hava bean involved in relationships characterized by victimization and perpetration. One of the chief characteristics of such relationships is that the victin/perpetrator pattern is not one which is easily or guickly resolved. Sinply housing the victim in a shelter does not solve tha problem. In tha best of situations# the person going to tha shelter finds a safe haven and [hopefully] some information or support which allows that person to begin to change tha victim/perpetrator pattern. In tha worst of situations# tha person who has been victimized simply returns to the destructive environment from which he or she had fled. While# at best# the domestic abuse shelter is viewed as being a temporary haven# it is generally assumed that the person %rho has been victimized will have no contact with his or her perpetrator while housed within such a shelter. Unfortxinately# this is not always the case. Perpetrators are generally both extremely insecxire and extremely tenacioxis. Their fear of being alone and their need to control those they depend upon leads to great ingenuity and to great potential for further violence. Perpetrators often find the location of the various shelters in the communities and are able to locate their spouses or significant others even «rhen in the supposed safety of these shelters. This risk is only heightened when the location of the shelter is in a residential area and when it is easily viewed by even a casual passer-by. Given the risk inherent in what I have outlined above# the proposed location of the shelter in question is about as bad as could be imagined. It is in a very public area# easily located by perpetrators. It is also in a residential area bordering a lake. The presence of the lake is bound to attract the residents of the shelter# drawing potential contact between victim and perpetrator away from the shelter itself and into the residential community. IS^7 Given that those residing vithin such a shelter have already experienced violence, the probability of fxirther violence is ■ultiplied. To increase the potential that such violence will occur in or around a shelter by placing that shelter in an easily identified location and to increase the risk that such violence will iapact others by placing the shelter in a residential coaaunity seeas inappropriate and irresponsible. Nhile it is obviously iaportant that the availability of shelters be increased, it is equally iaportant that coaaunity safety be considered in their placeaent. Zt is ay hope that the request before the city will be denied and that a aore appropriate location will be fo\ind for the shelter under consideration. Sincerely, (X< Alan Goodell-Holaes, Ph.O. Licensed Psychologist 1765 County RokI 110. Noith Mound, MN SS364 C^pOg60 «nlwprMiinc. INSTALLATION & DISTRIBUTION OfVISiON lilCHAELA OIERCK8 MQHWAV. tun W MMMAraAIM. wa fMU OMMI • fra» «1<«M MK April 6,1994 Ml. FnncU Clarke City of Mound S431MayivoodRoad Mound, MN 55643 Dear Ms. Clarke, If you could please pass this letter on to the City Council and Mayor as they consider the placement of the OLL convent at 1730 Commerce Boulevard. My name is Michaela Diercks and I live directly across the street [west] of 1730 Commerce Boulevard. I will be unable to attend the April 11 meeting at which the movement of the OLL convent will be discussed and therefore I am writing to voice my concerns. My concern is not with the appearance of the building, but with its proposed use. 1 am not concerned about having victims of domestic violence in my neighborhood, but 1 am extremely concerned about having the individuals who have cuased t^ violence in my neighboitf'•• • Several years ago I volunteered at a similar shelter for female victims of dcnnestic violence and quickly understood why the shelter was equipped with ban across the windows and an excellent securdy system. It is because, on a daily basis, the women being protected were being followed by their abusive husbands and boyfriend. These meru by definition, are violent; and it is not a surprise that the majority of them not only abuse their spouse, but also abuse alcohol and drugs. Many of them carried weapons. My heart goes out to the victims of domestic violence, however I do not want their violoit husbands and boyfriends in my neighborhood. I do not warn them disturbing the peace. I do not want them on my property. And most importantly, I do not want them mistaking my home for the shelter. I think that in an attempt to solve one problem you are causing another. I ask you if you can guarantee my and my neighbors' personal safety? I ask if you would be willing to have a shelter next door to your home, especially if you have small chil<to or an elderly parent? Please reconsider this plan. Please consider the safety of our neighbor! Sincerely, Michaela Diercks >• [^^',-09-4994 15J36 FTOM PORSYThc nv pe»YTMi r fiHk.h P' }OMN C PPWVtW -pr>pgv TTn?. A ppraisals , inc . BEAL ESTATE SPECMItfTS /OK ^ yEA« 4^ b/l€ May 9, 1994 Iffi: XXXX Coomeiec Blvd. Moond, MN faBflydwhed^intoiWB-^^ Vdu« ftOT »^000 «o SJOO.OOO. The pBjpoied ihdlK woqU be (ktisOe ag©, and value. 2. Any iJttteue to niim vohime wouW coB»m 1 typicil tafonned buyef with cUMtea and pecs. 3 •».. infenned buyer we«M ito be coDcetned with the *"?j^ttlUdtmWwinte beiteted penoM who lie tiyln* to r» »w»y ftom ebtt . ,^Y-C^1994 15J36 FKn FQRSYTVC flPPRplSflLS>Pafe2> Tbc tyoktl iafonnod buyer would perceive the shelter property to h«ve t influence 00 the homes ia the ixet. In my opiidon, the hornet dosete to tte ihdttr would suffer more theo those ftmher away. The lanie of lote value would be num l%io5%. *..din thePotiythe y^jpxiisals, Inc. is a fliH service real estate ippnisal firm MinaeapoliS'St. Paul metropolitin Area. Our firm has O' appiaisiof fUkldeocial real estate. We cuneody have 35 resideatial iffpoii aia wilto our firm of which eiffat of our tppfaiicis are desi(nated members of the A|yiaiiM Tiiyifuta My opinion was based paxtiaUy on conversations with appiiisen ftom the Forsythe staff . If 1 can be of any fuitimr assistance, please do noc hesitate to » • 111 • Sineesely» ChuteeL. Novak Cetdfied Beal Psoperty A; license #4003144 CN-Js 9403300 '■4 /Jccordm 'id iht ^{mrd. di fy ■‘i(^‘’f’^ Cn Conditionul USt F^rrmis. 3ee%in iSO -SXS'/]. 7^<l? (iDfldiUniil use, u/i/Z hdi he i/^utjdiis^ ?/ie use, ^nd enjdvmen'^ in iht immedik ii^ vinni'i-^ nr ^he. purposes already permiHedj ML SubsiaWljj dinuhish and ifnpair prdoeriu Ualues- wi’hin im- rnediak. vicimly- /Hiached you. uj’ill Sind sWemen'is From jrs ^hiohli^^dj treop-rdiny ‘ihe injunoasness nfrimenvn'} ef\jo\)fneinT- +o +he ne^hbor^ocd Dropcrfies witZn'ri ihe immediak. vicinity Surround no a. Jiemesf/c. Vi^^nce Shelter, filso , (LiU-lehecI ^e a. s'4ack of police /"eporte ie> venPy these ‘jhfringmentS. Please Peep in mind that this is pnlu a small portion of information dvgilah/e ^ i?/id pubhe but due ta iime> -X was unable. ?o lohiain 'more, JT j and sarroundtna neiyhlxrs behei/e ___ 0 hai/ina 9c> make rrequent Calls iz> the y>h'ee, rilmo police complaints [is no+ enjtyable) @ haumy io luatch and be. auxtre of Cmore than ) nouf) the potential daryers “to our hes and persons ® nat/mo to Supply © I (Durt Sscuri^ij our children ihe. bus Shps and durir^ phtj (than tut do noio) linknoiun \zehdes parked On ou.i' ntiql&dted shtti ® having % Morrj ahoudr m pnuahc access sire and island i decurifu Ccohere ds^nese Children ^people CbminQ h -ihe SheHtr art no^ brot^hi Ufi on we kke h knou> ^he dangeis) Vie Know ^(S v/oiiid be injurious ^he use and €rjoyiven7 of dll Cun proptrhes in 9hc immediale Vineimiy. % J^59 /? a. home in your neighborhood hod, '^his many Cells % police in \ \tfer - years Or £ven '5 years ^ don^ you. Teel %ha't 4his Would be a problem ‘s ,.e neb^iljis uwc,askaJ -|e bt on ■fie bou/'d of +l>a- jVitlltr Z <licl (.as y6u can r«d in a+toelineft-te^ “Hie Q63f() tani>Te() ^pW 4Wm no ttj • Concernm %ht abihjij h kep ^ht proptm up j) de>j6arners Projecl nic's Piscal islsih^ e^jpenSfS Vitrt of wh«ch Cflinic Prom gran^. The res't donahbns. Hou; Cnr\ UiesfTbnKoL ^dejc^uaic 'funding ^ doA^hiofvS^ 3^ ?iC)jOiLrner Pf6jeclr K^d d^Ctcil: 13/31/^SI —The ef^ecls Can be easily Seen by locking (X*^ ^he condition of '^he property* C Pictures; A^t)t>es =iKis really \ook^ WKe ^ residence**? u;i+h ^ vehicles parked oidside-usaally more, feverydou vJt Vdon't ^he \s^ impression of Mound "Tine Ga^ioaij irtfe O^ound " ^ be of ol tun • douon Shel^r. Vtio can ^here be a Qucarenlce Won't become run dCtun uohen '^his IS O l won profit organixohon uohvcb depends upon donations *? 3) jXs VlestTonka Xnkrvenfion \n Compliance •With all repof+mg reaijur’cnnents of Tbe jAUorney Generals Office*? The AHorne^ generals office Vvas no record of reGistrafidn • I • \) • to regftkr - l\ow can n-his since %here is a reouir^ment: Ann v^Ansl<r^U3hen conl-nbuSioas eo^ceed ^>LS‘/C>oOi AVH^ Stn- off. uiill ^\iey Kindle o'lHtr ^nd reguLl«+ions 4>e sanne vJ3i\ »n '^he -ntlure ? H) 5} SojE>iirner Project C6nsvsten=^b uiolatfd Council - ordin^ceSj di re-c+v'ues, eel •. U/hu will Ules+TonkoL Xnlcruention lo-e. diiwrenl- ? IcW Tonko-Xn-lerucntioin Kseps usina 6^)ie>' bcHers 'h> compare "^vhe opai can be done— ujhu shoaldn't vje torxsidcr pos% em^cr'ience Ol^ ^hese sheliers When evalua+mq itie damage '^haq, aan be. done,, an e-uis^iiig ncii^borViocid (.environmcn‘1, property uatues and appearance^ -Tm TO: FROM: Chief Richard W. Setter Lt. Michael R. Olson, Dir. Support Services DATE:July 3i, 1989 SUBJECT: SOJOURNER SHELTER This memo is to inform you of a phone call I received today from Mr. Bob Arhart, 4711 Karen Circle, 935-2046. Mr. Arhart wanted on "record” the fact that the traffic to and from the Sojourner Shelter is much greater than it was proposed to be. Mr. Arhart had no specific incident to report and only stated that it is a constant problem which included vehicles with out-of-state license plates. I advised Mr. Arhart I would pass along his concern. MRO/bj s Route 5:Chief Admin. Book Originator 3vm MINNETONKA POLICE DEPARTMENT INCIDENT SUMMARY OF SOJOURNER SHELTER January 1, 1987 to April 14, 1994 Name. . . . STROWDER, JANIS, TER ANON STROWER, D HOPKINS PR HANSON, ST THEIS, YVO SOJOURNER RIVERA, LO WHEELER, B iOODY, CYN JCOTT, CON lOUSE, YVE jOUJOURNER FOWLING, B SOJOURNER TONES, ABR TONES, ABR SOJOURNER Activity/MOC description MEDICAL RES BURG ALARM-FALSE-MECH HEALTH AND WELFARE SUSPICIOUS ACTIVITY MEDICAL FIRE - MULTIPLE DWELLING THEFT-$250 LESS-MS-FRM BUILDIN SUSPICIOUS ACTIVITY VEHICLE LOCK-OUT NON RESIDENT SUSPICIOUS ACTIVITY MEDICAL MISC OFFICER - ALL OTHER MEDICAL MEDICAL WARRANT ARREST > SUSPICIOUS ACTIVITY COMM BURG ALARM-FALSE-MECH MISC PUBLIC - ALL OTHER COMM BURG ALARM-BONAFIDE SUSPICIOUS ACTIVITY DL VIOLATION SUSPICIOUS ACTIVITY SUSPICIOUS ACTIVITY ERHARD, RO HOPKINS PR ERHARD, BO WELLS, CAR WELLS, CAR EBHAR, BOB HOPKINS PR DATHOUT, A MULT DWELL FIRE ALARM-BONAFIDE MOVING VIOLATION- OTHER RES FIRE ALARM-CANCEL BEF ARR SUSPICIOUS ACTIVITY SUSPICIOUS ACTIVITY MEDICAL MEDICAL SUSPICIOUS ACTIVITY PARKING COMPLAINT DL PICK UP RES BURG ALARM-CANCEL BEF ARR PROP DAMAGE-MS-PRIVATE-UNK INT ,VT, V fs T NT RecKoy.. V 87001320 87001413 V 87001507 C 87001597 V 87001884 V 87002088 V 87003789 R 87005478 87007003 R 87007009 87009461 V 87010001 DtRptd Act..Di 012387 09814 B 012487 09851 K 012687 09828 012887 09818 E 020187 09814 B 020487 09602 B 030387 T4029 B 033087 09818 F 041987 09886 H 041987 09821 G 052387 09818 B 053187 09814 B 87011721 062487 09801 G V 87012422 070387 09814 B V 87Q143aS 080487 09814 B [r 870176221 090887 09901 B 87017855 091287 09818 G V 87017857 091287 09854 I V 87018065 091487 09800 B V 87019276 100287 09871 G T 87019676 100787 09818 B T 87919542 100787 09030 C 87020166 101587 09818 F V 87022832 112487 m m 09818 B 87025319 123187 09875 B 88004717 031888 09060 B R 88005496 033088 09891 M 88009923 060288 09818 G R 88017168 083188 09818 G V 88019404 100288 09814 B V 88019436 100288 09814 G 88020934 102488 09818 G R 88020983 102588 09110 G 88022013 110988 09903 F 88023998 120988 09848 M V 88024292 121488 P3110 B PHAM, ANH SOJOURNER SCHMIDT, J 345CFF ROLAND, SH HOFFMAN, J SOJOURNER SOJOURNER WILLIAMS, HENN CO CH WAFFORD, J DISTURB PEACE-MS-HARRASSING CO MOTORIST ASSIST MISC PUBLIC - ALL OTHER VEHICLE LOCK-OUT NON RESIDENT HEALTH AND WELFARE SUSPICIOUS ACTIVITY SUSPICIOUS ACTIVITY EXTRA PATROL VEHICLE LOCK-OUT NON RESIDENT HENN CO PROTECTION LETTERS H & R PD ACCIDENT SUSPICIOUS ACTIVITY V R 88024379 89019731 89020375 89020600 R 89023813 R 90000578 V 90002297 R 90002491 O 90002490 R 90005882 V 90008788 90008895 121588 100889 101889 102189 121089 011090 020790 021090 021090 040690 052490 052690 N3190 B C9819 G 09800 G 09821 G 09828 B 09813 B 09818 B 09909 G 09821 G 09921 2 09448 6 09^18 F fSTA MINNETONKA POLICE DEPARTMENT --o 1/1107 m li/ili/MINCIDENT SUMMARY OF SOJOURNER SHELTER 1/1/87 to 4/14/94 Name............ HOLT, DENI RANFT, DEN BENDEICH, BAYMON, DE SOJOURNER HICKS, LAT WHITE, TOM JONES, JEN JONES, JEN ERHARDT, B ECHARD, RO ERHARD, BO Activity/MOC description DETOX PICK UP CRIM AGNST ADMN JUST-MS-OBST L SUSPICIOUS ACTIVITY ORDERS FOR PROTECTION OTHER ANIMAL COMPLAINTS THEFT-$251-$2500-FE-FRM BUILDI HEALTH AND WELFARE PROP DAMAGE-MS-PRIVATE-OTHER I EXTRA PATROL NOISE COMPLAINT MISC PUBLIC - ALL OTHER SPEED V 90010160 V 90014593 V 90015032 R 90016284 R 90016479 V 90018537 V 89014363 V 90005381 R 90007424 C 87005107 V 87006597 R 87014451 061290 081490 082090 091090 091390 120890 072889 032990 050390 032487 041487 072787 09829 B X3080 B 09818 B 09844 G 09230 B T2021 B 09828 G P3119 B 09909 G 09817 G 09800 G 09010 B ERHARD, RO ADAMS, JES BURSTON, K FAVORITE, COX, ROBIN SOJOURNER' SANTABALLA SOJOURNER MISC OFFICER - ALL OTHER HEALTH AND WELFARE MEDICAL FOUND PROPERTY UNWANTED PERSON(S) JUVENILE-RUNAWAY JUVENILE-RUNAWAY JUVENILE-RUNAWAY CRIM AGNST FAM-MS-NEGLECT OF A UNWANTED PERSON(S) TERROR-THRT INFLT BH-UNK WEAP- THEFT-501-2500-FE-BUILDING-OTH R 92002266 V 92003980 V 92004561 R 92004711 R 93000007 93002550 T 93911009 93002727 93003790 R 93003991 V 93004487 V 93004893 050492 080492 090692 091592 010193 060493 060493 061393 080793 081893 091393 100493 09801 B 09828 B 09814 B 09312 B 09845 B M5350 J M5350 C M5350 J 13060 2 09845 P A9500 B TC029 B GARDNER, E THEFT-LESS 200-GM-BUILDING-MON ; v 94001171 031194 TG021 t» ISV I I OuA ^3 'MINNETONKA POLICE DEPARTMENT dispatch calls since 1/1/93 01 7113 02 6998 03 4284 04 1547 05 5267 06 3749 07 2314 08 174 09 8012 10 5108 03/12/94 03/11/94 02/12/94 01/19/94 11/21/93 11/07/93 10/24/93 10/04/93 09/13/93 08/18/93 04:21 09:17 10:01 10:04 12:15 07:14 05:11 13:51 09:30 14:05 SUSPA THEFT PARK PARK MISC PD BALRMB THEFT THREAT UNWANT SUSP ACTIVXTYt^ THEFT PRIOR PARKING COMPL PARKING COMPL MISC PUBLC ASST MVPD BUS BURG ALARM THEFT PRIOR THREATS MADE- UNWANTED PERSON*^ 01 02 03 04 05 06 07 08 09 10 3695 3457 1126 7333 6246 5092 4913 4912 3458 946 08/07/93 08/05/93 07/16/93 06/13/93 06/04/93 05/24/93 05/22/93 05/22/93 05/09/93 04/15/93 00 01 11 21 20 15 21 44 15:54 13:42 15:32 15:32 11:35 00:14 HW BALRMR KIDS MPJ MPJ CIC FALRM FALRM SUSPV BALRMR HEALTH fit WELFAR RES BURG ALARM KID PROBLEMS hang up call missing JUV CRISIS CALL fire alarm FIRE ALARM SUSP VEH — RES BURG ALARM 01 8418 02 8417 03 7418 04 5408 05 2482 06 1603 07 1491 03/20/93 03/20/93 03/09/93 02/14/93 01/13/93 01/02/93 01/01/93 16:16 16:16 09:57 20:04 11:41 19:05 14:09 FALRM FALRM LO LO ND AOA fire alarm fire alarm lockout LOCKOUT neighbor eisput assist ot agenc unwant UNWANTED PERSON — N \ O' ! I mo e>4i. I -jX Report on Survey of residents surrounding the Sojourner SbHter of Minnetonka June 3,1995 • Residences surveyed: Jeff Anderson Carl Bcndcih Robert Erhard Robert Roufs Tom Sandstrom Harry Stifter 4721 Karen Circle 4651 Church Lane 4711 Karen Circle 4705 Karen Circle 11617 Karen Lane 11722 Karen Lane 7 yr. resident 32 yr. resident 9 yr. resident 19 yr. resident 19 yr. resident • Following are summaries of the responses we received to the foUowing questiems: 1. Are there many people from Minnetonka, Hopkins or the Western Suburbs who use the shelter? Where do the shelter people come from? (2) “They seem to be mostly inner dty" (1) “They get a lot of overflow from other areas." (1) “I’ve seen two white girls in seven years." (2) “I don ’t know./We don ’t get much feedback.” 2. Have you ever seen any of these people who looked physically beaten? (4) “No." (1) “Once." (1) “I’ve seen a couple of black eyes." 3. 4. Are there ever any strange vehicles w strange men in the vehicles surrounding the shelter? (3) “Yes./A lot of cars come to pick up or drop off the women ” (2) “Mostly during the day.” (1) “Not here. Probably closer to the shelter there are more.” Are there many police calls? (4) “Somc./Occasionally." (2) “Yes.” (2) “There have also been ambulances in the middle of the night.” (2) “Had seen men arrested who had come to pick up the women.” (1) “So much money was spent on p<^ce calls to the shelter that a grant had to be established to pay for the ectra police needed.”. Report on Survey of residents surrounding the Sojourner Shelter of Minnetonka Page 2 5. 6. 7. 8. 9. Has there been any stealing or other crime in the neighborhood attributable to the shelter? (3) “No./Not that I know of" (2) Vandalism (1) Car broken into (1) “Mosdy just littering” (1) “Police are called more to the shelter for theft They steal from each other" Do you think that the shelter depreciates the value of your home? (3) “Yes./It makes it a tough sale." (2) (1) No." I don ’t know.' Have you ever witnessed any alcohol or drug abuse at this shelter? (3) “No." (3) “Yes./Some./I ’vc seen them with their boyfiriends at Archie’s Oocal bar)." Are there a lot of cars and trucks coming and going daily? (5) “Yes./Many support people and stafif./Especially in the morning and day." (1) “As many as 50 cars and trucks a day.” (1) “I’ve seen semi-trailers try to go up there.” (1) “I don ’t know.” Exactly what, in your opinion, is this shelter doing? Is it helping people or is it a stepping stone to quick welfare? (4) “I don ’t knowf (1) “It’s a means to quick welfare.” (1) “I wouldn ’t doubt that they use it for welfare.” 10. Would you recommend a shelter near a single family residence neighborhood? (6) “No.” QUSSIIQtiS 1. Stress related to safety issues: What's going on? What is being done about safety issues? 2. What is a list of C.D.P. violations that may or may not be occuring? 3. How can communication between the shelter and the neighborhood be more effectively established and maintained? QEIIQ^S 1. Move the shelter out of the neighborhood. 2. Establish a Neighborhood Committe which consists of a membership of an equivalent number (?) of shelter employees and neighbors. 3. Post police or pinkerton guards (somewhere). 4. Establish rules concerning women being dropped off and meeting men in the neighborhood. 5. Ask police to commit to balanced police protection, 6. Lower the taxes of the neighbors. 7. Telephone the shelter each time an unusual vehicle produces fear in the neighbo rhood. 8. Deal directly with neighbors about children riding the bus and problems on the bus. 9. Educate children. 10. Remove the fence along the driveway. 11. Sit down and meet and educate each other. 12. Obtain information from other neighbors who support the shelter. 13. Inform the new residents that some neighbors will not like them, 14. Negotiate some limits on office space/programs (move out) to limit traffic. ISSUES 1. Support the western suburbs. 2. Additional programs and offices added. (Shelter says same number of staff, same number of programs.) 3. Staff limits and number of trips, people, etc. were part of the original proposals. 2 \ S i V A •> ;. •. • f •.^ - • 1-7- • ».» •. . .'J o feV*’ • ■ *. ^f • V \ \ •1 • ^. * • ^ ' c .• •* ■ ■''- "*:l _■ •• "i , . ‘ - * A " * - . • , . « *.f I-JU- ’ •. ,• • r - . * • SERVE THE LE OF THE to ••*v’• •/v -> • u».** * ■'S,S:.. Stti-; - ».. . ? i • >•. . * • • • V ■ Ct-tv fiv • ■ ■- rit^***^ \*'. • • c* “^r.-.5,v -*^ '* *v • .*. • ■ *.' V. • ' t\.^ * w t % ’• »«. ^ ••% ! • • .. POPTTT.ATTON OF SHELTER #1 OPERATING CAPACmr % CAPAOTY # AT SHELTER TIME AT SHELTER (12 TO 4S HOURS) HOURS INAWEEK TURN OVER RATE PER WEEK # AT SHELTER/WEEK i AT SHELTER/YEAR 75 15 AVERAGE TIME 30 (24x7) 16S (168/30 ) 5.6 (12x5.6) 67.2 (67.2X52) 3495 100 15 15 12 168 (168/12) 14 (15X14) 210 (210X52) 10920 • IF AVERAGE DOMESTIC ABUSE IS ONE WC»4EN AND TWO MINORS, THEN THE NUMBER OF MEN THAT WOULD HAVE BEEN ARRESTED IS- 1165 3640 TOTAL# OF PEOPLE INVOLVED IN DOKffiSnC ABUSE PER YR. 4659 1990 POPULATION OF MOUND ^34 % POPULATION OF MOUND 48% 14560 9634 151% #2 • IF EACH CASE IS ONE ADULT AND TWO MINORS THEN: i OF D(»IESTIC ASS AULT CASES AT SHELTER AT ONE TIME 4 i OF DOMESTIC ASSAULT CASES AT SHELTER/WEEK 22.4 i OF DOMESTIC ASSAULT CASES AT SHELTER/YEAR 1164.8 5 28 I4S6 THE i OF DOMESTIC ASSAULT CASES IN THE CITY OF MOUND FROM THE Cmr OF MOUND POUCE YEARLY REPORT (SEE ATTACHMENTS). ALL OF 1988 ALL OF 1989 ALL OF 1990 ALL OF 1991 ALL OF 1992 ALL OF 1993 29 28 33 44 42 47 QUESTION TO MOUND CHIEF OF POLICE -HOW MANY OF THESE DOMESTIC ASSAULTS USED A SHELTER?" •ANSWER "VERY FEW!" #3* EVEN IF WE iiSSOlffTHAT ONE HALF OP THE 47 DOMESTIC ASSAULTS CASES IN MOUND IN 1993 USED A SHELTER. THEN; THAT WOULD MEAN THAT THERE WOULD ONLY BE A THE SHELTER ONE (I) TIME EVERY TWO W WEEKS. FOR ONE (1) ROOM IN • IF THESE PEOPLE WERE PUT IN A HOTEL FOR 4* HOURS AT $35 A DAY. IT WOULD ONLY COST $1820. . THEAPPROVEDOPERA'nNGYEARLYBUDGETFORTHISFACILrmsS300,000.00 • the OIOATING YEARLY BUDGET FOR THE SOJOURNER SHELTER FOR 1993 IS $675,000.00. THAT S $55,000.00 A YEAR FOR ONE PERSON FOR EACH OF THE 12 PEOPLE HOUSED there yearly . and SOJOURNER LOST MONEY IN 1993 AND THE FACILITY IS RUN DOWN. THE CO$T TO PUT SOMEONE UP IN A HOTEL. T^^KAWC^ MAKING BUSINESS IS LESS THEN $13,000 A YEAR, 7 DAYS A WEEK 52 WEEKS A YEAR. #4 • EVEN IF YOU MULTIPLY THIS OUT BY THE 4 OR 5 CITIES IN THE WESTERN THE iOFDOMESnCASSAULTCASESWTHECmrOFMINNmUSTAFROMTHECrrYOF MINNITRISTA P(XJCE yearly REPINtr (SEE ATTACHMENTS). ALL OF 1990 ALL OP 1991 ALL OF 1992 ALL OP 1993 8 11 10 14 the #OFDOMESnCASSAULTCASESINTHECmfOFST.BONIFROMTHECrTYOF MINNITRISTA POLICE YEARLY REPORT (SEE ATTACHMENTS). ALL OF 1990 All. OF 1991 ALL OF 1992 ALL OF 1993 7 3 7 7 AGAIN VERYFEW OF THESE CASES USED A SHELTER US ITHINKWEN]aa»TO ASK OURSELVES l-WHO WILL REALLY BE USING THIS SHELTER? ms NOT j TO BE THE PEOPLE OF MOUND! 2- WHY CANT THE OTHER CITIES IN THE WESTERN SUBURBS TAKE CARE OF THEIR OWN. 1 THINK THEY CAN HANDLE ONE OR TWO CASES A MONTH! 3- HOW MUCH REVENUE WOULD THIS PROPERTY BRING IN IF IT STAYS ZONED B2? IT WOULD SEEM TO ME THETAXES THAT WOULD BE COLLECTED FOR A COMMERCIAL PROPERTY, AT THIS SITE. WOULD MORE THAN PAY FOR MOUND TO TAKE CARE OF IT’S OWN AT A MOTEL 4-THE COST TO BRING THIS BUILDING UP TO CODE IS OVER $100,000.00 HOW MAJ^Y YEARS COULD YOU PUT PEOPLE UP IN MOTELS WITH JUST THIS MONEY AND THE BUILDING STILL HAS TO BE MOVED AND THE LAND PURCHASED ETC, U6 MOUND CITY CODE SECTION 350:520 ZONING AMENDMENT CRITERIA FOR GRANTING ZONING AMENDMENTS .................SUCH AMENDMENTS SHALL NOT BE ISSUED INDISCRIMINATELY, BUT SHALL ONLY BE USED AS A MEANS TO REFLECT CHANGES IN THE GOALS AND POLICIES OF THE COMMUNITY AS REFLECTED IN THE PLAN OR CHANGES IN CONDITIONS IN THE CTTY. • HAVE THE GOALS OR POUCIES OF THE COMMUNITY CHANGED? NO!!! • HAS THE PLAN OF THE CITY CHANGED? NO!!! . HAVE CONDITIONS IN THE CITY CHANGED? NO!!! • WILL THIS SHELTER SERVE THE NEEDS OF THE PEOPLE OF THE CITY OF MOUND? MOUND AGE: 1990 POPULATION 9,634 UNDER 5 YEARS 16 YEARS AND OVER 18 YEARS AND OVER 18 TO 20 YEARS 21 TO 24 YEARS 25 TO 44 YEARS 45 TO 54 YEARS 55 TO 59 YEARS 60 TO 64 YEARS 65 YEARS AND OVER 75 YEARS AND OVER 85 YEARS AND OVER MEDIAN AGE 807 7,304 7,061 318 411 3,903 1,039 335 280 775 309 61 32.4 YEARLY REPORT, 1993 OFFEHSCS KFOITED OEMEO unfomded CXaFT. aEAtfO aEASEO IF ARREST ARRESTED ADULT JUVENILE PART 1 Ctl>€S Hoaicld>0 0 0 0 0 0 Criainal S«euiI Conduct 26 6 9 5 7 1 Robbery 2 0 0 1 5 A 0 Aggrovotod AtsauU 8 0 3 4 1 0 ■urtlery 63 2 ♦3 2 2 Larceny 209 7 27 36 23 36 Vehicle Theft 26 0 3 6 10 5 e Arson 4 0 1 0 0 0 TOTAL 338 IS 52 55 48 U PART tl CRIMES Child Abuee/Neslcct S6 38 9 6 6 0 For«ery/NSF Checks 21 1 10 3 2 5 Criainel Oaaege to Property 129 0 10 8 6 9 Weapons 10 0 2 1 1 0 Narcotics 16 2 0 14 13 1 Liquor Laws 37 0 2 32 24 18 OUI 73 0 0 73 73 0 Slaple Assault 57 6 32 9 6 6 Ooaestic Assault dD 1 *3 29 31 2 DoiiMttc Oto Assault)0 0 0 0 0 Narasaiient S7 4 25 IS 13 1 Ruwray/Incerr Iflibi 1 i ty/Truancy 51 1 13 37 0 41 PUMIc Peace f 0 4 47 S 0 Trespsssinp 2 1 0 0 0 0 All Other Offensa 131 2 »50 73 Tl 1 TOTAL 782 56 127 290 240 84 PART III i PART JV Property Ovnagt Accidents 78 Personsl Injury Accidents 25 Fstsi Accidents 0 Hedfcols 399 Aninsl Ccmplslnts 1.518 • Nutusl Aid 177 Other Cencrsl InvestIgstIons 9.564 TOTAL n.761 Hemepin Comty Child Rrotcct(«n 76 CJUPS ® TOTAL 2flA -l2l - YEARLY REPORT, 1992 ^<«T 1 CIIMP^ Mcaieide Criainat Stxual Condtct Kofabery Aggravated Assault lurglary Larceny Vchlcla Theft Arson OfFENSCS AEPOATED ClEAJtEO UNF0U«E0 EXCEPT. aEAXEO 1 26 1 S 63 232 19 7 PA»T II CTIM^} Child Abusc/Negiaet forgery/liSP Checks Criainal Omaga to Property Weapons Narcotics liquor laws out Slspla Assault Oonastic Assault Ooaestic (No Assault) Haraeiaent Ewuay/Ineorriglbil Ity/Truancy Public Peace Trespassing Alt Other Offenses SI 36 lit 13 17 <( 63 S3 62 36 126 69 26 7 62 TOTAL PABT in 6 pabt IV Property Oanage Accidents Personal Injury Accidents fatal Accidents Medicals Aniaial Cooplaints Mutual Aid Other General Investigations 86 22 1 300 896 168 6,983 TOTAL 8,636 Hennepin County Child Protection CHIPS TOTAL 63 0 9,S81 1 S 0 1 s 10 3 0 0 6 0 2 S 25 5 0 18 1 0 0 0 0 1 4 1 0 3 0 1 1 3 17 13 13 3 1 2 0 21 12 0 23 13 3 4 10 asAvEO ar ARREST 0 8 0 6 7 6S S 0 11 8 8 1A 6i> 62 U 22 0 25 36 17 0 11 arrested aoolt juvenile 0 7 0 1 6 2S 1 0 4 12 6 10 19 61 61 13 21 0 23 0 17 0 IS 0 1 0 3 6 66 2 0 0 3 4 0 2 16 1 2 2 0 1 Si 0 0 1 YEARLY REPORT^ 1991 Of reuses seraiTO OeAlED uNfouweo excerr. OCMtCO TOTAL PA»T II CTiwes Child Abu»*/N««ltct F0T9«Y/VSr Checks to PropertyCriainsl Oi Weapons Narcotics LfqLior Laus out Siapla Assault Oonestlc Assault OoMstIc (Ho Assault) Marassaant tunaway/Incorr fslbl I i ty/Truancy public Ptaco Trespassing All Other Offenses 47 41 130 7 25 43 79 36 U 32 103 54 16 4 33 TOTAL PA»T III t PAST lY Property Oanage Accidents Personal Injury Accidents Fatal Accidents Medicals Anloal Complaints Mutual Aid Other General Investigations 98 33 0 299. 1,105 122 6,503 TOTAL 8,160 Nemepin Couity Child Protection 55 CHIPS ^ TOTAL 4 1 0 0 1 0 0 2 10 0 1 0 0 0 1 26 22 20 3 0 1 0 16 9 0 2 10 19 2 S aeARCo lY AMies 1 13 7 4 24 42 79 9 24 0 8 42 11 0 19 AAtesTeo AOULT JUVCNIK PAST t CSIHeS Hoaiicide 0 0 0 0 0 0 Criainal Sexual Conduct IS 0 5 7 4 3 lobbery 2 1 0 1 2 A 2 A Aggravated Assault 6 0 0 3 1 c 0 Burglary 74 0 6 6 >2 Larceny Vehicle Theft 251 26 12 2 17 2 24 4 20 2 12 1 Arson 4 0 0 1 1 0 2 12 6 2 27 31 78 4 29 0 1 0 U 0 15 0 3 2 2 0 23 1 7 2 0 4 58 3 0 5 YEARLY REPORT, 1990 OffEMSCS lEPOSTEO aEAKO UNfOUWED I Clll€« Il9alcl<li Criainal S«siat Conduct lottery A99r«votod Asuutt lurgliry Larceny Vctlcte theft Arson 0 22 0 6 SO 2U 24 A TOTAL lAiT II gin»e$ Child Abuse/Ve«lcct feriery/MSF OtKks • Criainal Daaaoa to Property iarcotics Liquor laua out Siapla Assault Doaestic Assault Ooaestle (Me Assault) Harassaani tiaauay/IncoiTiMibi U ty/Trw«y Public Peace TrespassInf All Other Offenses $2 4 ITS T3 34 77 97 «1 53 40 103 54 19 5 AT TOTAL SAIT HI » PAAT IV Property Oeasie Accidents Persorvl InjiaY Accidents fatal Accidents Medicals Aniaal Ccaplaints Mutual Aid Other Cenerel Investiiatione TOTAL 74 21 0 371 887 1AO A.280 7,793 Memepin Cotftty Child Protection 62 CHIPS TOTAL 0 7 0 0 I $ 1 0 1A 2 2 1 1 2 1 0 0 0 0 0 0 0 2 nccpT. CICAAEO 0 8 0 0 3 20 3 0 ClEAkEO IT ARBEST 3 4 0 s r <•1 a 0 0 f 31 7S Of 14 i: 0 p so 11 V. AIIESTD AOULT JUVtiUE 0 3 0 3 3 28 S 0 3 3 A A 33 8S 93 1A 11 0 5 0 9 4 IS 0 1 0 1 8 38 1 0 0 0 7 3 A 23 3 2 0 0 0 A1 3 3 1 YEARLY REPORT, 1989 ofrCMtfs tfKXTiS ctCAieo UHrOMCED ExaPT. aEMtco CUAtO IT A««l ST MtCSTCO AOgU JUVCHtlC w«T ! znms HoAlcidt Criminal Stxuil Conduct Kobbory Aggrovottd Act Mi t iurgiary larcviy Vchicit Theft Arson • 0 20 1 6 66 237 20 3 0 2 0 0 3 19 4 0 0 4 0 1 3 20 4 2 0 Q 3 21 t n 0 6 1 2 5 14 10 0 0 2 0 0 10 21 4 0 TOTAL 3S3 28 34 4?38 37 eAtr }\ aiMfs Child Atouit/Ntflloct 48 7 28 3 0 Forgery/MSP Checks 27 1 3 1 15 0 mm Criainal Dust to Property 142 3 14 3 13 Weepons 7 0 2 5 1 Narcotics 13 0 0 13 25 0 liquor ISMS 34 0 0 19 IS 13 oyi 63 0 1 e S2 0 Siaple Assault S3 3 24 1 11 a 9 2 Oontstie Assault 28 0 11 1 13 1 Ooavstlc (Ho Assault)4S 0 0 0 0 Herat imt 70 0 11 3 6 0 ttfwway/tncorrliibility/Truancy 46 0 18 2^0 a 29 JS Public Peace 2S 1 1 6 0 Traspassint S 0 3 1 0 a All Other OffensM 117 0 1 Is U 4 TOTAL 725 r 15 10 2C 179 63 PAST tits PAST TV Property Omge Accfdtnts 102 Personel Injury Accidents 29 « fatal Accfdtnts 0 Medicals 315 Aniaal Ccsplaints 1,097 Mutual Aid 213 Other Central Investigations 6,780 TOTAL 8.SM Memcpin County Child Protection 62 CHIPS 5 TOTAL TOO • orr I CRIMES IjU P Urn £ U. U3 O oc CLEARUNFOIJ2 cu u: X b2 U >2 fic < u >* u u ca ococ < ADULT. 1 ^ » • , > * JU\' . noclclde 0 0 0 0 0 0 'rioinal Sexual Conduce 18 3 5 4 2 2 obbery 2 1 0 0 0 0 ssaulc 10 0 4 5 0 3 urglary 94 5 8 13 % 8 26 \arccny 254 7 33 38 5 28 Vehicle Theft 30 3 9 8 5 17 Arson 9 0 2 2 0 3 TOTAL 417 19 61 70 20 79 a ■»ART II CRIMES • ::hild Abuse/Neslecc 45 3 28 4 4 0 Foraerv/NSF Checks 42 0 9 27 28 0 Trlminal Damage to Property 209 7 21 55 4 12 • • •eapons 13 1 5 - . ............3 5 • arcotlc Lavs 14 0 • 2 --JJL-14 4 wlQuor Lavs 33 0 2 29 27 18 DVI 91 1 1 89 88 2 Simple Assault ’ ‘ 72 1 32 25 16 15 Domestic Assault 29 2 11 16 15 1 Domestics (No Assault)58 ----- Harassment 116 1 20 • 3‘0 2 Runavay/IncorriBibilitv/Truancy 55 0 24 25 0 29 Public Peace 36.0 7 15 13 3 • All Other Offenses 44 2 .10 14 12 16 TOTAL 857 37 172 319 224 . 107 PART III 4‘ PART IV • Property DamaBe Accidents 121 e Personal Injury Accidents 36 Fatal Accidents 0 • Medicals 274 Animal Complaints 1,091 • Mutual Aid 175 • . Dcher General Investiflatlons 6,729 • TOTAL. ‘ _10,100 Henn. Ctv. Child Protection 66 • 'HIPS 17 1 ■ 1 ! 1 n ^ MINNESOTA OFFENSE CODE ACTIVITIES ;STIC ASSAULT * LARY lERY/COUNTERFEIT ;S/ALCOHOL IPE/FLEEING D ABUSE/NEGLECT ;R driving CRIMES APPING IINAL SEXUAL CONDUCT ;R MISC CRIMES :lty to animals lANCE/HARASSMENT :CENT EXPOSURE >AL/TRESPASS/DUMPING SIVE STOLEN PROPERTY 5ERY MESTIC ASSAULT is a subcategory of ASSAU^ OuCTfVJL^ d6 r.*vKr. *1^.AjVir.. .w.Au • ‘--1 • A ^'X.' vy j *•', V* V . *• • ,gx^. / Note to the Orono City Council: bad for our community. Following are some of my reasons for this conclusion. . This is NOT just a shelter for the people of this area. "diana, daspi.* tha fact that Mhtttatonka, lika us, was told that .t w-W 1o3l people. In fact, the Navarre Shelter could not guarantee a place for an abused Navarre resident if there were one. • The developer of this proposed shelter is Dan Hessberg. He has a ^tory in real estate development, and is now an advocate for abused perwns. He and his would be the Director and Co-Director of the shelter, controlhng its budg^ mclud g their salaries. Some people in our community have expressed concc^ .uev Hessberg's business ethics (based on past expenences they've a wi ' fear that he wiU use this shelter as a means to make money. With h s shelter ^ pl^. it is also feared that he will then buy several of the smaller houses in the neigl^hood to convert into Section 8, or low-cost, housing, another money-mak^. Accorchng to the former mayor of Long Lake, the low-cost housirig projert m caused more problems than they ever imagined, and costs them a lot of money in poUce calls alone. Just the number of inconsistencies in the infoTOaUon localpeople have heard about this project makes me quesHon the truth m what Mr. Hessb^ is saying. . -n,e urban housing policy of 0»no explidUy .tale,: “MulUple ments generally will not be considered approprUle for land, within 1,000 feet rf Ute Minnetonka nor for areas such as Navarre that have limited transporttbon aceeM to ^tslde employment or shopping facilities." A shelw wWch „ children is by definition a muld-family housing family. The poliiy new development wiU be permitted to confiicl with or to advereely lished neiglLhood character." Every single neighbor of the “7“ that a neig i.t.«r.ood i. not a good place for a dieller. Severd slat^^l It ^ ^y changed liie aiaracter of Hopkins (although m Minnetonka, the shelter is very Hopkins border). noM a :vi ?.:;s:x :• * • 4 . ^ r i'J..V' # June 9,1995 • The site itself is completely unsuitable for a shelter. It is at the busy intersection of Hwys. 15 & 19, much closer to the street than current building codes permit I shud der to think of a young child running out of the building's main entrance right Into that busy street. The visibUity of this location, as well as its proximity to Lake Minnetonka, make it a poor site for a shelter as well. Shelters are generally more secluded, presumably to make them more difficult for abusers to find. • Although the Planning Commission told us that there has been no offer to develop this site in years, some people in our community have come forth to dispute this claim. One woman wanted to open a health club, while another man v. anted it for offices. Both of these uses and others, such as a garden center, would be mudi more In character with and in the best interests of the community of Navarre. • The church is within close proximity to four bars and a liquor store ~ Fletcher's, Mtka. Mist, Jimmy's, the bowling alley and Navarre liquors. There is only one police car available to patrol Navarre regularly, yet police calls are a regular occurrence at the Sojourner Shelter and others, and all of this avaUable Uquor would only exacerbate tte situaHon. Local taxes would have to be raised to pay for the extra police support, and the threat of alcohol abuse would even further endanger those in this small (and rather naive) community. • The proposed shelter would, I believe, stagnate revenue-bearing development In Navarre. It would cost us money and possibly put us in danger. I hope the Council considers these facts carefully it its decision on this matter. It's a hot political issue, and one which you'd like to be able to support. PleaM remember that none of us are against helping women and children, but to build shel ters for them in sites that put them and those around them in jeopardy is hurting more than helping. Sincerely, Robyn Anderson 3324 Navarre Lane zzr^u ^;zr,; OV-r'3'.XG DEAR ORONO CITY COUNCIL *?i! r*.C '!•■’■ Nw. "-V, 1 ^.w .. 6/3/95 am rOM?I FTFIYapinst the proposed location for various reasons that 1 >vish to cover. ISto I Joiid ro by my 6..,: home. apFnmmteiy 2 >Tor, ap, I mm: have looked e.o>m 20 different ptop^ befcK 1 (b.md nd putchmed the perfea to home at 332d .Si'xne Lane - dhed)' Idddy cotnr from the ptopoied Domaoc VWntoi. he:«. I bouehl it for sedtiaiotl - itp on a hill amidst bijTtens and nometoas Lilaei. and I love my hone. I'm enoy&am the Cty hi. I don't haw to think about x-.y probiemt aatocated with the city .bile livtng in this e^ neigh!»thood -1 fa! temm hete Uke torn; the .indo., open .to Im a«ny at vJe. to «a hteem thuoo.* tte home an^ h.wnetoth.itJtt.neeabtmtiUea..elyevwlockmyemoutsideatnight.lfa«my5nll.b.mfafamm.mo»eea«dtn„t^^^^ outside -1 don't bw to wstty about d-iiip pettine stolen. ,ht niiJit then is no sotstti eaeept fc, fags chupinj in the pond at^ fano.moft.h.f£Tmf5oalon5WlunenidOtoAvenueisptaetiaCynor.e-ldtm'tbwmbeons»tlypm^ hitb,-anod-nnkifabeaiaseoftheptx„wsibii7famiomutsands.T.WWOtoAsenueldt»thuwm,«^rf^^ p.'dtod wto she |oei fa a wik do«i Htay W. AB these things may seem petty, but this u .to I l«e to come home to. But if you a-e ttpsesendng the people of Omno you shotiid Itno. dat this it Wit »hii this itminimiiyiltBh. I and am ging to htJi.toruot^saltuifJtheCounesl.iSnaliae'du.amistaltethi.sliel.eni.thhlocnion.^uldbemto yomLhhLHomulgIWfa..ntoiuJ..hi=hUstwo.»!lytheBihkfatheG7ofO^ adversely a.fet the quar.t neig^sborhood character of Navanel This urn is like a te«e - me lake. Utd Ftohett, maritsaa. boao. big old tnes and small eoteageJike home. Myself .-id the eotmnxni7 to in this W » escape fam the stsesx .otk and tb eisy and ah the pmhlems na^ted^b.^ social scnicc in this loatfai. .wuld be about die »ia! thing to stain the, nunttutible ehanetei of tnts ngghhodi . The ptoposed site, with tine abandoned Gtaec church looted at die crossioads ofH.yl5J£l9.«iddbedtoilyintheceoto hub of Otono. Tbs 0 about dm «».t location pooibic R.m. tbt esfang chtmd, -u so 'uuppmptute - It s alnady an eyesote Its ng^ new to die toad, itutii! need tons of icnootions ius: to make it adequate to cram the 20 people mto. It even sates in the Otono Urton Hoiidng Mdes tlnat ■/«/*>.* dn*lynt<«.,<iwc«ft t»4' hmit.,',tohftWWbfetVt»«t,tonm^umu,ttou.At.».oeto,Wto.rd»unym.erto 1 think 20. people in dot churef. or. be considered a multi.|amily deixlopmenc The tin, streea of Navarte lane and Oto Awnue .nj haw loading tnuks up and denm dehtong to the Shdter coiist^n There is a liuuot store and 2 ban looteditaly aetoss die street fam the shelt-r fa the viedms and diem abusers to actress Its a toeks duo. fam lake .khnnetonka. du .Whip lake of .Mmnesoo. which .13 provoke die abu^ old othen. “> to stay a.ay fam. to visit the shelter and tinu area ofan. These ant angry, upset xnd violent people some convicad Hons, tha. tnoved to Na\iffc to sQy com. TbptopoHsatestha.-stei>rfa.oeusmfam.kW.tfauma./.,,n»tos,to(»^ ntutototit faWi* Onus..' But afar hea.-uig horn tb neighbots of tb Sojum. shdter. kwed in Minncm^^ unformed tutbt die pooplexwtmt fam thisamabu,fam lfarth.S.umenpot,.Ch:cajo. Detroit, and Gx7.biti.na«th 90 to •ROM W-BHR A3ViR..S.Xv;• n »« *xo, 100% of than Hack. This 6oa not sound like the “giater Lake Minseronlu a«a." And uith Orono tc its U commumoa police referring only 2^ to a shclw in 2^ it s hard to argue the &a that the people using this shelter a« not coming from this community, and that this Domestic Violeoce Shelter is needed or wanted in this neighborhood. I don’t even want to think of the violence that would be added to this neighborhood and Gty. Many neghbon of the Sojura shclta have had numerous complaints of the increase m violence.The police calls to the shelta are between W snd IQD what doe that ay? One neighbor had ha daughter beat up b>'some of the children staying in the shelter - and thae kids an be up to 18 years old sojing with their fiuiulies! A ta'dia fiom the sdiool that the kids of the victims attend is ready to quit ha job because the kidi from the shcha are so violent and canzo: be controM One of the abuses drove .his ar through the 6 foot fence surrounding the shrita. Neghbors have increased that awareness - locking all doors, .no: leaving items outsde. not lemng dve kids pky as freely as diey may want, strange ars roaming theneig.hborhood at ad hours of the day. TTrisis not someA^^^ adjust to. I have .nuny convaadons with Clair Rood about the di.-eaor and corrector who will be running thu Domoric Violence Shelter - Mr: Hessbag and his wife. Hessbag h« a background in real crate, has anyone quationed his sudden intaest in the Social Services? Do you think that he realized that possibly he and his wife will make a hell of a lot of money they get this shclta running? Hessberg knows that he will be receiving $55.000/yor for each filled bed. This is a ton of money for food (much of w-hich is donatedUtiima and gcncnlup!ceep.rncSojurnshd« has lost money forlZycars with onl>'l2beds-Why>T^ sotingthcmselvasakrio while not even thinking twice about the problems that will arise from this shelrer. This man c.4^ .ut sound like a dt^gpoda and is not into this real erate deal for the weD-bcing of the vicrims of the shelta. but to fill up his £id try to run a half-assed sheltet He tried to do it in Mo’und and it got shot down, $0 now he’s trying to make a deal out .’X«wants to do this thingso lad, make Hessbag doit correctly what he will havea propc area, an* •> a^aui disrupting the surrounding neighborhood. I think having a shelre for Domestic Violence is an acellent way to help those in need. But it should be m a prope loaoon, i, i, Mdol N« i» quin, communin-of N,«m. in . ro i«n oU dutch Ju. 4ould h,« b«. i«n do«n yort by 1 u'Jn whose going to get very Hdt ftoni snonhet one oflul tcsl estate deals. 1 wnrited htud «.d went .0 siooL sen. m)«lf dtmtgh co'Jtge, and ha« bml. a succest.y am 1 don't w«. da. gr»tp of people in my neighboibood - that! why I moved out to Oiono. 1 want to fal tafe a-nd stcure at ad hours while fm at home «away, rhis aowd on tpeead the ie has in Minnemnltaand Hopkms and turn the community and schooll updde down. Howahou. using dw spwst fe. a home dc garden emmi Ot«..»» mil' Ot a museum! 0, host y«, a nioo dom open park trfd, a little fountain with picnic able and a garebo - something to benefit this commuanity. PLEASE STOP THIS PROPOSED DOMESTIC VIOIENCE SHELTER NW IF YOU REALLY CARE ABOUT THE people, safety AaND WELL BEING OFTHE Cm' OF ORONO. Suicoch', Breu Hallonquist 3324 Nivrre 1 ir* • i I upemAisf l-2DZ^ 4- j/i^, •» 20 • d Tit^ 2X9 aood X dX^IO Jl.. « I U * • •’**1 ^ ' '- • * 4 - c »v •t_# %t . * 4 . * * \ *• I *W> ** ^4^ Friday, Junfi 9» 1995 To Che menbcTs of the Orono City Council: We are writing to you aa concerned realdenca of llaverre. We feel that the proposed abuse shelter in the Baptist church in cur neichborhood is inappropriate and unnecessary Tor nur con-.niipity. Your own connunity manacenent plan advises against putting :nultiple~ fanily housing in Navarre, and it also states that no new develop:nents should be peralcced chat conflict with the character of a neighborhood. We chose to live here because of the cozy cottdf.e style of the neighborhood and the frlendlv atmosphere. After living in .Minneapolis for over 40 years. It was like stepping back in time to a place where netgnbors are unsuspicious and children of all ages pclltelj greet you on the street. This is a neighborhood on the upswing—young families are buying and remodeling homes and bettering our community at no expense to the taxpayer.^. Don't undermine the confidence of the people in their neighborhood and in their representatives by allowing this shelter in our area. A barricaded building is not a proper entry to our city. The planning Commission and the Council should he as concerned with the quality of life in our neighborhoods as they are with the quality o. water In our lake. Don't let some contrived suburban guilt syndrome drive your deliberations on this natter. Navarre deserves l^ecter chan to be offered up on the altar of political correctness. Your job Is not to shut your oyes and hope for the best, but to open your eyes and look tor worst possible consequences of this project. This shelter will inject fear and suspicion into our neighborhood. It will increase traffic to an already overburdened intersection. It will not blend into our retail mix. and will create a need for other clcv services at our expense, while generating no taxes. Please respect the wishes of the people who have kept faith with Navarre, and reject this proposed shelter location. Respectfully yours, Richard P. Meyers Janice E. Meyers 2195 Bayvtew Place Urono, Mn. ADDITIONAL LETTERS RECEIVED 6-9-95 XVI. xvn. xvni. XIX. XX. 6-9-95 6-9-95 6-9-95 6-9-95 6-8-95 Larry Nelson Letter Dale Johnson Letter Steve Cori Letter James Justice Letter John O’Sullivan Letter /'izEr 0^/4 . / / dd^LlcJt^ C^uiA^x^ DZd^ uct, ^'CdX£iJl^ • 3- Aky<cU^yS-uAyt^j ^ COT^fiu^ ^ -Z^ CU^/^^yyiM^ a^-HujUf ^ ^ ------------------------------------- 2- M. Mji .^W ^i/u. -Z^/i^^ >- -nu^U^ . JZ>A/Cyvt^ iv 22&d • , zZod C(r7^-^-Zl(Ud. (p . (^^Lp-t^C2A,Z^^^ u^-iucZucO^C'f h 'zz^JuiPt' ^O^- ^h^crj^to .^^y>'tyruAy-^ cZ^Y , 7 vJ _^^,Zc<u2Zy dZ^Y^'^z-p/Uygi^^ ZZit yf<^7i/zi^ S. H^C ~td t&y(Z^ 'iJuZ p^AZ<Z tr/f. I -TiZTTT HAVAARE L'CUCfiS IMC BOX 117 JlATARRE. MN 55332 PH. 471-fiflOO \o o Co oo \ d-OT \h»^t. N S. (^vov.o V.- ti3 "^SL <SuaXJ(®a^ 'Jii Vja3Ji>aW \ON0^'«‘'‘L/ ■Ckv V'V..S S.\ ^ w W'f’L. c5jL>v*-i3us3A>vi \ o ------I------? ^ I - ■ X . _ . ^ Pg. I of 2 . / -XiX The claim that the proposed shelter would primarily serve the Lake Minnetonka and western Hennepin County areas prompted the gathering of the following data. All figures were for calendar year 1994, and were provided by verbal request and conversations during the first week of this month with the various chiefs of police, watch commanders, patrol supervisors, and department record keepers of the below listed agencies. In some cases, the number of domestic assaults were approximations bv the department heads when no written statistics were readily available. The numbers for shelter referrals were, for the most part, to the best of the knowledge of these officers, as these statistics were not kept in the normal course of business. Police Department Domestic Assaults Shelter Referrals MOUND ORONO including Orono Spring Park Long Lake Minnetonka Beach SOUTH LAKE MTKA including Excelsior Greenwood Tonka Bay Shorewood 7 6 4 1 few, if any no records 1 WAYZATA 10-12 0 MEDINA 20 few. 0 CORCORAN 10-15 if any MINNETRISTA 23 few,if any WEST HENNEPIN 27 few,if any including Maple Plain Independence few.anyHENNEPIN COUNTY SHERIFF 53 if including Dayton Rogers Hassan Rockford Greenfield Fletcher Burschville DEEPHAVEN 0 0 including Deephaven Greenwood While police department referrals would not be the only means by which a victim would enter a shelter, these statistics are a strong indicator that this facility would not primarily serve this area. Many of the chiefs and supervisors stated that in their communities the abusers were arrested and excluded from the home if the victim chose to follow up with an order for protection. If the victims were still in fear, they would typically stay with friends or relatives and did not require the services of a shelter. cont*d Pg. 2 of 2 During one of the planning meetings, Mr. Hessberg was asked if he could keep just one bed available at all times for a victim from this community. He stated to the effect that he could not, that it was first come, first served. Who, then, is this facility actually intended for? Given that the police statistics clearly demonstrate that there is no great need for this facility, and that Mr. Hessberg's own statement that he would not reserve ev’en one bed for the lake community indicates that much more must be known about his true intentions and representations as to the use of thie property before the Council considers approval. Anything less could have numerous negative consequences on the citizens of this community. James L. Justice 3114 Brooks Lane Minnetonka Beach, Minn. ADDITIONAL LETTERS RECEIVED 6-12-95 O o o o o Elizabeth O. Wright, 2824 Casco Point Road Gene & Cathy Scanlon, 2815 Casco Point Road Rosemary Iversen, 2835 Casco Point Road Sue Percival, 2732 Caroline Avenue Katherine Elsen, 2879 Casco Point Road -:?6/12/n35 12; ^5 €i:?23f4=9 4. w r ^ '."jN ^fi i^ir C. 1 ^^A DESIGN 4010 W Mth SfrMt Suit* 217 EoincMN S540S C12-92S-5529 CF EOINA. •-TO. Ro&Mt J. Davit. AIA Arctiltact June 12. City Council Th« City of Orono ♦■•X Trans miss fori: <4.73-0510 City Ccunoil: As a resident of Navarre, i pcroeive it is one of my duties to advance issues that are the immunity. Unfortunately it u;as only today that I It^rn^d that one of these iMues will be discussed tomaht at tlie City Council meetina. The Issue is re^ designating the xoning of the cnurcn at HiuylS and Shoreline Dri'^. As a nelgh^rhood we have discussed the advantages and disadvantaaes of hosting a women’s shelter In the community A si.elter. In thTchurch. In the nelaSforhood wouV hirtus for my woman that has been abused, how can bad people who live In the community, men and women, turn down the opportunitu to c could be just like themselves,or their children, just in asituation'* Please consider a women's shelter in the cc>mmunlty as an asset - not as a determent. Ti^nk you. Blizabeth O. iNriaht 2324 Casco Point Road Crono. MN 53Sei . I u'- _ -• iJUN 1.2 1995 ■^c,p,p^ .;!(: />/. ^-^3^? f . y^. ^4 w _________________ / J>,A Jvuie^lZ, 1995 City <yfOrono- CryitvCiSay 'flood’ Oironcy, M»v f^ttenttorv; <Dr‘Ofu>City CotrU\cd VearSiry I am/a4mW8/C3[^atCfcn<itKe'C<ninci^ineettrv^tl>»i4^KtwKere/the' topU>ofrefOtytn^fbr ’o^wotii£^ih^elteri^Of\^th€^ci^€*\da/. be£>rv to-the'pubUo meeting ot the/city chamberyond/belCeve/there' cu^eat-needfor'thU'type'of iheltB*'. especially C4VOurareo/. Votne^Ctc/vCoieeice/, whCcKi pi'eyime/Cythe/primcuy rBaimvwmne4V ieehO'ihelCee' i^hMppeextng/ievour commu*iUyt toour nieghbory frCee\d^O¥\dC4^our o\ui^ftunilieyir\/L¥\creo4i*ig''VUMhbery Itfyo/ hopeleiyfulUig/hoi^ir/g'to-itoy uvithecoute'^\ere/C4'ruyploce/tt>^ for refuge/. 1 know, fCryChond. HopefuUy, the/CityofOrofu>yeeythe/rieed'ofa/jheUerondwiU/ iupport ond welcome/ if (r\to-the/ c<>mnu4rUty. SCncerely, Hoiemoty Ivenen/ 2835 Coico-PoCntHood WayyitU', Mrv 55391 Ic.ct June 12.1995 City of Orono Crystal Bay Road Orono, Mn Attention; Orono City Council Re: Establishment of a Battered Women's Shelter In Navarre Dear Sirs; Regretfully, I cannot attend the council meeting tonight. I wish to express my support for a shelter. I hope a decision will soon be made on whatever it takes to get the shelter established and operating as soon as possible. Sincerely, Sue Percival 2732 Caroline Avenue Wayzata, Mn 55391 la, m-s L cl^. ^a\4^ .io “fcR 'i ^Jsl<X^^jL^ _'cA c\. Vv/ LvO &<jL\^ c*^L4>30 ~~Cn^ ..________ a__ -------------------—. ________________ ........-CW^-,. S;535:/- JUN_i;2-l995 • •ft « I * 2565 DunwoodyAve Wayrata, Nln. 55391 June 12,1995 Orono City Council Orono City Hall Dear Mayor and Council Members; I would like to express my support for a woman’s shelter moving into the church building at the comer of Hwy 15 imd Hwy 19 Sincerely, C Christine M. Bielke I tl M I% «5 1 :i .1 a fi i! \ 1 ‘ itS •f' •Si 1 I M I: :( I" il! t? ■1 fts•I i ADDITIONAL LETTER RECEIVED 3:00 PM 6-9-95 XXI. 6-7-95 Lellcr from Sue Aumer, Exec. Director of Sojourner Project, Inc, I SOJOURNER PROJEQ INC S ‘sprvinn Rnttprpd Women ond Their ChildrenServing Battered Women Business Shelter Cominunity P.O. Box 272 Hopkins. MN 55343 June 7. 1995 Val Hessburg 3490 Lythrum Way Mound. M.\ 55364 612 933-7433 612-933-7422 Voice/1UD Advocacy 612 >>35-1004 fT ^ w'‘.TY CF 1 ! ZrO\0 J lu'^L JUN 18 1995 Intervention 612 935-7007 Dear Val. This letter is in response to some misinformation that may have resulted from a I!s?l to Lr sheujriast week by Mr. Claire Rood. Secondly. I hope to clarify so«,e issues relating to the population we serve. The brief conversation Mr. Rood had with our staff person took place in a staff-only area separate from the living quarters of the shelter residents. He was not allowed to see Iny shelter residents. .And. in no way did our staff ?hat or place of origin any of the women and children who were in our shelter at that time! .Any knowledge of the demographics regarding these particular shelter residents he may be claiming to have is speculative only. For vour information. Sojourner Project's shelter houses women children based on their individual safety needs on a first come first serve basis. into account a woman's geographic origin, ethnic background, or any factor other tSan neT womenSo hLe other resources to meet their safety needs are supported in making use of them to keep our shelter available for those without alternatives. Our statistics show that most of our residents are from Minneapolis, though s?Lincant nSmbe?s are from the western suburbs. Frequently we house women rom other parts of the metropolitan area and from other parts of Minnesota. A , less frequently, we shelter women from outside of Minnesota. We serve women from a wide variety of ethnic backgrounds, of different religious beliefs of differing abilities, who have been abused by women partners: Our is t^provide ^propriate and sensitive services for all residents. Since we do not discriminate at all with respect to requests for shelter (given that the woman is immediate danger and has no other safe housing options), we have no ^ . believe we turn away disproportionate numbers from any particular segment of the population. United WiV w • O. If VOU are proposing that your shelter will not discriminate as 1 believe you are. there is no reason to expect that your population will be significantly different from ours. I urge you to realistically assess the overall ability of the particular community in which you wish to locate to sensitively and appropriately deal with the issue of racism as well as other forms of hatred/violence which are bound to arise as you shelter battered women and children. Dealing effectively with violence Involves not only providing a short term safe space for battered women and their children, but also involves visioning and creating a safe community that does not tolerate any form of violence. I hope we will be able to work together in realizing this vision in our communities. There is definitely a need for additional safe housing for battered women and their children. I strongly support you opening an additional shelter which will be equally accessible to all battered women. Sincerely. Sue Aumer Executive Director cc: Mayor Callahan and Orono City Council members Mayor Mary .Anderson. City of Minnetonka r REQUEST FOR COUNCIL ACTION >v ^ i‘ » % / DATE: May 31, 1995^ ITEM NO.: S Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zonicg Zoning District: LR-IC Total lot area = 35,450 s.f. or .81 acres Pertinent Ordinances 1.Section 10.22, Subdivision 2 - Review of hardcover. A. 0-75 ’ setback area = 9,530 s.f. Allowed = 0 Existing = 825 s.f. or 8.6% . r • i a Proposed = 529 s.f. or 5.55% (361 s.f. or 3.78% consists of stair, landing and rock walls needed to support steep bank) Hardcover reduction = 296 s.f. or 3.1% B 75-250 ’ setback area = 22,540 s.f. Allowed = 5,635 s.f. or 25% Existing = 5,738 s.f. or 25.46% No change in hardcover proposed. C.250-500 ’ setback area = 3,380 s.f. Existing = 0 Allowed = 30% No change in hardcover proposed. 2.Section 10.56, Subdivision 16 (F) - Stairway, landing. Applicant originally proposed a variance to this section but now proposes stair and landings Aat conform to the standar s set forth in code: stairs maintained at a 4’ width and landing not to exceed 32 s.i. 3.Section 10.55, Subdivision 8 - Applicant proposes filling within the 0-75 ’ setback area to allow for the stabilization of the steep lakeside bank when boathouse is removed ana for additional fill to allow for the restoration of groundcover. Approximate total ot till - 25 cubic • ards. Request for Council Action continued page 2 May 31, 1995 Zoning File #1999 List of Exhibits B Staff Memo 5/8/95 Staff Memo 3/14/95 A - Application Property Owners’ List Plat Map Neighbors’ Acknowledgement Form • Original Elevation of Access Stair and Deck Original Site Plan G-1-2 DNR Shoreland Regulations H-1-3 Hardcover Calculations D E F I - J - K - L - M - N - Topographic Map Amended Stair Elevation Plaiming Commission Minutes 3/20/95 Amended Lakeshore Improvement Plan Gustafson Report 3/8/95 Current Survey Brief Description of Request For more detail on this review please refer to the enclosed staff memos and the minutes of the meetings (Exhibit K and the May 15, 1995 Council minutes enclosed in your Council packet). The applicant’s original proposal reviewed by the Planning Commission at their March meeting called for strucmral setback and hardcover variances within the 0-75’ setback area for a proposed deck and new access stair. The purpose of the deck was to provide a flat sitting area adjacent to water as the lakeshore or shoreline is immediately adjacent to steep bank. Early in that review the applicant was advised that the Planning Comnussion would not recommend approval of a deck stn.w are in excess of 32 s.f. placed within the lakeshore protected area. Applicant was asko'l to consider other options in achieving a lake level sitting area. Planning Commission members noted major concern with the condition of the lakeshore yard noting specifically the obvious erosion that was taking place to the rear of the deteriorating boathouse. Applicants advised that they were L:tending to remove the boathouse this winter but were unable to schedule the removal with the contractor. They noted that they had arranged for the removal this summer. Members noted several options could be considered providing a flat recreational area at the lakeshore, specifically the use of the more gentle sloped areas where the boathouse is located. The application was tabled providing applicant additional time to develop a total improvement plan for the lakeshore yard. Request for Council Action continued page 3 May 31, 1995 Zoning File #1999_________________________________________________________ Review Exhibits J, L and M. The Gustafson report notes that it is impossible to determine the best plan for stabilizing the steep banks until the boathouse is removed. The City Engineer did review the boathouse strucmre and noted that there were retaining walls to the rear or land side of the boathouse. The applicant does not propose additional retaining walls but merely to repair the existing ones to the stair side of the bank and to fill over the retaining walls located to the inferior of the boathouse. The Planning Commission advised the applicant that they could not provide specific guidelines in their recommendation to the Council but noted that it is imperative that once the boathouse is removed by the contractor that no work be completed until the Engineer has had an oppormnity to inspect the site and then to comment on a feasible plan for restoration. The Planning Commission noted conditions of approval would have to place limits on the scope of any land alteration or filling within the lakeshore yard. Planning Commission recommended unanimous approval of the variance application that would allow filling to restore groundcover within the lakeshore yard and to stabilize the disturbed areas where the boathouse is removed, subject to the following conditions: 1. Applicant to apply for a demolition pem:U lor the removal of the boathouse. It shall be applicant’s responsibility to immediately contact the City Engineer to inspect the area to determine most practical method for stabilization of the lakeshore banks and groundcover. 2 Any filling within the lakeshore yard shall be limited to those filling activities needed to provide more gentle, flatter slopes within the area of the boathouse. No other areas in the lakeshore yard will be filled for the purpose of altermg existing elevations. Filling in those areas will be limited to no more than the necessary amount of fill that would allow groundcover to be restored to the area. 3, Applicant may place gravel or wood chips in restored area once occupied by boathouse. No plastic underliner or geo-technic fabric will be allowed beneath the surface of either the rock or wood chip fill. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission recommendation. COUNCIL ACTION RFOUESTED: To either adopt or amend the enclosed approval resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 2 AND SECTION 10.55, SUBDIVISION 8 FILE NO. i: WHEREAS, David D. Vickerman and Vicki R. Vickerman (hereinafter "the applicants") are owners of the property located at 4475 Dunwoody Avenue within the City of Orono and legally described as follows: refer to Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8 to permit construction of access stairs and landing located within the lakeshore protected area where 825 s f or 8 6% hardcover exists and where applicant proposes 529 s.f. or 5.55% hardcover where none is allowed and a variance to Section 10.55, Subdivision 8 that would allow approximately 18-25 cubic yards of fill to be installed in the lakeshore yard that would allow suitable soil to permit restoration of groundcover, and stabilize lakeshore bank in area of boathouse to be removed. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City CouncU of Orono FINDINGS This application was reviewed as Zoning File #1999. The property is located in the LR-IC Lakeshore Residential Zoning District requiring 21,780 s.f. or one-half acre in area. The property consists of 35,450 s.f. or .81 acres. The Orono Planning Commission reviewed this application on March 20, 1995 and May 15,1995 and recommended approval of the variances as requested based upon the following unique findings and hardships: Page 1 of 5 ifter "the e City of Municipal 0 permit ^here 825 ^er where 3ximately )le soil to use to be rf Orono, 4. g District )f 35,450 1 20, 1995 sted based 5. C. Hardcover within the 0-75’ setback area will be reduced by 296 s.f. or 10^ 361 s f or 3 78% of that hardcover consists of the allowed 188 f f!r ,he Uir»d landing simcmm and 173 s.f. of rock walls needed to retain steep lakeshore bank. Mn nther increases in hardcover improvements are proposed on the prop^^ H^cover is mainlined a. 25.46% in the 75-250' setback area and at 0% in the 250-500' setback area. Lathouse that wUl be removed in the summer of 1995. D. The existing stairs and r« are in a *rio^s *^terc".; Sn^r^a^ To eTSUs . order to ensure the subUization of existing steep lakeshore bank. r.is srr r.s,7= SHs fSSs right of the applicant; and would m k“P*”g ^ *P'"‘ ““ Zoning Code and Comprehensive Plan of the City. The City Council has considered dus Ze^thT^^sed'variance on the health, safety and welfare of the community. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and S^tion 10.55, Subdivision 8 to permit the construction of an access stair and landing and the filling of approximately 25 cubic yards of fill at the time of the removal of an existing boathouse and the restoration of groundcover within the lakcshore yards, subject to the following conditions. 1. Applicant to apply for a demolition permit for the removal of the boathouse. It shall be applicant’s responsibility to immediately contact the City Engineer to inspect the area to determine most practical method for die stabilization of lakeshore banks and restoration of groundcover. 2. Any filling within the lakeshore yard shall be limited to those filling activities needed to provide more gentle, flatter slopes v/ithin the area of the boathou^. No other areas in the lakeshore yard will be filled for the purpose of altering existing elevations. Filling in these areas will be limited to the necessary soil cover to ensure the restoration of consistent groundcover. 3 It shall be the responsibility of applicant or applicant’s agent to m^tain suitable erosion control commencing with the removal of the boathouse until groundcover is restored within the lakeshore yard. 4. Authorities granted by this variance run with the property not with the applicMt, but are permissive only and must be exercised by application for a demolition permit and building permit within one year of the date of Council approval, or this variance will expire on that date (June 12, 1996). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held on the 12th day of June, 1995. ATTEST; Dorothy M. Hallin, City Cleric Edward J. Callahan, Jr., Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 1995 byOrono, a Minnesota municipal corporation and said instrument was executed on beha City. Notary Public Page 4 of 5 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of ,199 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 199 ___, before me a Notary Public within and for said County , personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 Resolution No. EXHIBIT A LEGAL DESCRIPTION Lot 6, Block 8, Townsite of Langdon Park, except that part described as follows: Commencing at a point on the Southerly line of said Lot 6 distant 265 feet Southwesterly of the most Easterly comer of said lot; thence Northwesterly at right angles to said Southerly line a distance of 10 feet; thence Southwesterly parallel with said Southerly line, to the shore of Lake Minnetonka; thence Southeasterly along the lake shore to the Southerly line of said Lot 6; thence Northeasterly along said South line to the point of beginning. ^ H To: From: Date: Subject: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator May 8, 1995 n999 David and Vicki Vickerman, 2475 Dunwoody Avenue Continuation of Public Hearing - Variances - Status of meeting of the Planning Commission, the application was tabled alterations within the steeply sloped areas. Additional Exhibits J - Elevation of Access Stairs/Finished Grades K - Landscape Estimate L - Work/Detail Plan M - Gustafson Report May 8, 1995 Engined and staff met with applicants at the site to review the information submitted with amended proposal. As the Engineer’s report notes, it will be ^possible to determine the feasibility of filling over retaining walls within boathouse until the boathouM structure is removed. Originally applicant’s plans showed the installation of new s«cti^ o| retaining wall. Exhibit L. In further discussions with their contractor, it was recommend^ the old retaining walls be maintained to provide stability of the bank and to cover them wi layer of ground^over with an underliner of an erosion control fabric to be planted with crown vetch. Upon our inspection, the Engineer advised of the need to repair certain secUons of the boulder wall. As the Eneineer’s report advises, it is impossible to determine the best way to restore the lakeshore yard until the boathouse is removed. The structure is in a and mem’oers are cautioned to not attempt to go inside the boathouse^ k wmTer^re to confirmed that there is a retaining wall to the rear of the boathouse and diat it f stabilize the bank. As of this point, we cannot recommend that the retaimng wall be co with fill or allowed to remain exposed once the boathouse structure is removed. The applicant’s contractor does note that 18+ cubic yards of fill will be required to fill in depressions and provide suitable ground cover to allow planting of ^ appliLnt’s contractor has recommended the planting of crown vetch which has been used successfully in other areas of our City. Zoning File #1999 May 8, 1995 Page 2 The proposed access stair will be constructed to mwt the standards of Section 10.56, Subdivision 16 (F). The stairs are limited to a 4 ’ width with landings at 4 ’ x 8’. Issues for Consideration • r- i As it is difficult for both the landscape contractor and City Engineer to present a final plan for the restoration of the disturbed areas, members may have problems presenting a recommendation of approval. Your approval can set forth limitations on the restoration plan such as: 1. No further expansions in retaining walls, only repairs to ensure stabilization of bank. 2. If filling is proposed, applicant ’s contractor shall provide an erosion control plan for Engineer ’s review. 3 Hardcover will be reduced in the 0-75 ’ area as only the stair structure and retaining walls will remain. Will additional plantings be required to buffer existing 3’ retaining walls within lakeshore yard? 4. Other issues raised by the Planning Commission. ** * To either deny, approve or amend applicant ’s plan for the restoration of the lakeshore yard. Any recommendation of approval must include the following conditions. Applicant to apply for a demolition permit for the removal of the boathouse. It shall be applicant ’s responsibility to immediately contact Ac City Engineer to inspect Ae area to determine most practical meAod for stabilization of lakeshore banks and ground cover. Any fillmg wiAin Ae lakeshore yard shall be limited to Aose filling activities needed to provide more gentle, flatter slopes withm Ae area of Ae boaAo^. No oAer areas in Ae lakeshore yard will be filled for Ae purpose of providing natter landscape areas. Filling m those areas will be limited to Ae necessary ground cover to provide consistent/suitable ground cover. Applicant may wish to place gravel or wood chips m restored area once occupied by boathouse. No plastic underliner or geo-technic fabric will be allowed beneaA Ae surface of eiAer Ae rock or wood chip fill. 1. To: From: Date: Subject: Chair Schroeder and Orono Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator March 14, 1995 #1999 David and Vicki Vickerman, 2475 Dunvvoody Avenue - Variances Public Hearing Zoning District: LR-IC Total lot area = 35,450 s.f. or .81 acres Pertinent Ordinances 1. 3. 4. Section 10.22, Subdivision 1 (A) - Lakeshore setback variance. Required = 75’ Proposed = 9’ (DNR Shoreland Management Regulations would require 10’ minimum setback) Variance = 66’ or 88% Section 10.22, Subdivision 2 - Review of hardcover. A. 0-75’ setback area = 9,530 s.f. Allowed = 0 Existing = 825 s.f. or 8.6% Proposed = 709 s.f or 7.4% B. C. D. 75-250’ setback area = 22,540 s.f. Allowed = 5,635 s.f. or 25% Existing = 5,738 s.f. or 25.46% No change in hardcover proposed. 250-500’ setback area = 3,380 s.f. Existing = 0 (allowed = 30%) No change in hardcover proposed. Total hardcover Existing = 6,563 s.f. or 18.5% Proposed = 6,447 s.f. or 18.1% Section 10.03, Subdivision 14 (C) - Strucmral coverage. Allowed = 5,317.5 s.f, or 15% Existing = 3,394 s.f. or 9.5% Proposed = 3,138 s.f. or 8.8% Zoning File #1999 March 14, 1995 Page 2 5.Section 10.56, Subdivision 16 (F) - Stairway, landings - variance for area of landing. A. Stairs Allowed width for stairs = 4’ Proposed = 4’ B Landings Allowed = 32 s.f. Proposed s.f.) = 180 s.f. (DNR Shoreland Management Regulations would allow 32 List of Exhibits A - Application B - Property Owners List C - Plat Map D - Neighbors’ Acknowledgement Forms E - Elevations F - Proposed Site Plan/Survey G-1-2 DNR Shoreland Management Regulations, Pages 1-3, Hardcover Inventory H-1-3 Hardcover Calculations I - Survey/Existing Description of Request Applicant has filed for a variance to allow the installation of a new access stair and deck structure within the lakeshore yard in exchange for the removal of 16’ x 24’ boathouse. The existing concrete stairs are in disrepair. In fact, the entire lakeshore yard is in need of repair or improvement. The bank appears stabilized with existing plantings to the north side of the access stair but adjacent to the boathouse and at the lower portions of the steep banks at shoreline there are signs of severe erosion. The removal of the boathou.se may have a serious impact on the stability of the adjacent bank. If the boathouse is to be removed, applicant will be responsible for providing plans developed by a licensed engineer or landscape architect to advise how boathouse is to be removed and still provide stability of the bank. If retaining walls are to be installed, the applicant should be advised of the need for a conditional use permit. In exchange for the removal of the deteriorating aesthetic blight on the lakeshore landscape, the applicant proposes the installation of new access stairs and landing at 12’ x 15’ to the immediate north of the existing boathouse. The hardship statement notes the severe steep bank with no level shoreline available for boaters and bathers. Review Exhibit 1, the topographic information would suggest that there is a level area where the boathouse is located. Zoning File #1999 March 14. 1995 Page 3 Applicant may be able to develop a level recreational area in the footprint of the boathouse. The boathouse will have to be removed as it appears to be ready to collapse into the lake. There is an obvious need for a comprehensive restoration of this lakeshore yard. There may be other options available to applicant to provide the necessary level area needed for accessory uses. Owners of lakeshore properties with steep banks who may have small children bathers do require immediate access to lake for safety reasons. The level sitting area at top of bank may not be close enough for immediate action. Statement of Hardship Please refer to Exhibit A. Issues for Consideration 1 . What options are available to applicant for providing level access area adjacent to shore? A. Reduce size of deck. Refer to Exhibits G for guidelines for screening structure from lake. B. Level beach area to be developed once boathouse is removed. C. Other options. 2. Other issues raised by the Planning Commission. Options of Action To either approve or deny the application as proposed or to table providing applicant additional time to develop a comprehensive improvement plan for the lakeshore yard to address the following issues: A. Method of removing boathouse. B. Need for retaining walls to provide necessary stability of banks C. Develop recommended option for providing level access area to shoreline. In order to assist the applicant, the City has topographic information that can purchased for $12 an acre. Applicant ’s consultant may wish to use the information in developing a comprehensive improvement plan. Crri” OF ORONO - VARIANCE APPLICATION Initial Application Fee S200.00 (S50.00 per each additional variance) Renewal Variance Fee SIOO.OO (no change from original application) Variance for non-conforming stnictures S200.U After-the-Fact Fees (Double application fee) r . „ t -* WJ. t f Wf ! * • f •> -Im m »ui •’ Awu i ’w.‘VV'VVVV ^ .*• : w* - - r V*; » V * ' ■- » . w PROPERTY INFORM^ION Site Address______A-------------- Properrv Identification Number (P.I.D.)Property Identification on required survey. Attach legal descnption ro ap^ic^ion^f^ Date Propeny Acquired------J ------------------------ I (do)({do no^ also own the adjacent pa Presentuf^^fproperty: .^residential Zoning District:^______________- (month/year) (specify). A Phone (home) ^ *PLICANT Phone(work) Y7 i “ ? Q Name ^ Zip: ^Addrest. Ulty.__is.diri----------------- OWNER (if different than applicant) Name Phone(home) Phone (work)_ Address:_ City:Zip: 7T> --------------------------- (attach additional sheets if necessary ) VARIANCES required Lot Area ___Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) REQUIRED SUBMITTALS ». must be sufemi!t«l l>v the appMc^tiQH deadlj-t in OTto for vour application to b«» mnsidered compleje: - of owners Hennepin County Department of Finance, A-603, Govt Center, o48 a271). - S5''^ ~ “"calculations as required. In addition, provide one (1) copy 8A ?nn'^mo'wc survey (existing and proposed elevations) if any changes in existing grade - I°‘’;fo7o^ed.TIdd“;on.’provide o7 (1) copy 8'A- x [o-P"', Sketches or plans of floor & elevation views (provide one (1) copy 8 /i x )• ---lS of Use leeal names (include marital status) of all persons with an interest m the ----nrooertv This would include name(s) of applicant(s) if not current owner(s). As LTddendum to this application, please attach a separate list of any other persons you wish notified of this application. __Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember ttet I2UI LnnLi..ion tf------- if the above ipfpnngliqn hPf IPcIgdaL information suppUed is knowledge. Applicant’s Signature 1. 2. 3. 4. 5. 6. 7. 8. 9. Date ^'^eSr^ScdScs and agrees to this applicaticm and further „try onto the property by City staff, consultants, agents, Commission members, and Coun mmb^“ for pSrpLTo^^« verification of this request. Owner’s Signature Date UWUCr a -------------------------------------------------------- m taveTau7oSed‘^& in your place and to advise the Budding & Zomng Office of this change prior to the nieeting. ft 8 RUN OATS (D9/2S/94 BATCH 003 ' 'HEttCPIN COUNTY RROPCirrY tNFORNATION SYSTEH PROPERTY OWERS LIST REPORT NO. P1935A01 PAGE 9 • *•*.•*. .PROP ADOR OIMER HAHC TAXPAYER NAHE/AODR 56 EO-117-E5 21 0002 02460 DUmOOOY AVE BENNETT C OONNEY BENNETT C OONNEY 2475 SHAOYNOOO RO EXCELSIOR HN 55551 58 20-117-25 21 000502480 DiMtOOOY AVE D 6 HORAN 4 T A NENDT DAVID 6 HORAN i TRACY NENDT 2480 DUNNOOOY AVE NAYZATA MN 55591 58 20-117-25 21 0008 00058 ADDRESS UNASSIGNEO LAHRENCE T HErR)ERSQN LAHRENCE T HENDERSON 2464 DUNNOOOY AVE HAYZATA MN 55591 PROP ADOR OINER NAME TA)9AYER NAHE/ADOR 58 20-117-25 21 0018 02420 DUNNOOOY AVE CALVARY NENORIAL CHURCH CALVARY MEMORIAL CHURCH 2420 DUNNOOOY AVE NAYZATA MN 55591 58 20-117-25 22 0011 02445 DUNNOOOY AVE A B NELSON ETAL ALVIN B NELSON 2445 DiAMOOOY AVE NAYZATA MN 55591 58 20-117-25 22 0015 02465 DUNNOOOY AVE R V UMBEHOCKER ETAL ROBERT UMBEHOCKER 2465 DUrARX)OY AV NAYZATA MN 55591 PROP ADOR ONNER NAME TAXPAYER NAIS/AOOR •«». • 38 20-117-23 22 0019 02475 OUNHOOOY AVE J A « S L PONERS OAVIO 0 « VICKI n VICKERMAN 2425 LYOIARO CIR EXCELSIOR m 55331 38 20-117-23 22 0015 02477 OUNHOOOY AVE J A 4 S L POHERS HILLIAH P 4 6C0RGETTA HICKEY 2477 OUNHOOOY AVE NAYZATA MN 55391 38 20-117-23 22 0014 02485 OUN«X)OY AVE H P HICKEY 4 6 C HICKEY H P HICKEY 4 G A HICKEY 2485 OUM«)OOY AVE NAYZATA HN 55391 :: -.n 1 • POOP. 400R 0»«C« NAME TAKPAYfH Ny<E/M)P« i * *• t • ■ .. 30 20-117-23 22 0017 02505 OUNHOOOY AVE JANES S NORDLIE ET AL JANES S NOROLIE 2505 OUtMOOOY AVE NAYZATA MN 55391 %• / , « • TOTAL BATCH 003 00010 1 CERTIFY THAT THE FACTS REPRESENTEO ARE AN ACCURATE AND TRUE representation of INFORMATION AS IT APPEARS THIS OATE ON THE RECOROS OF THE HENNEPIN COUNTY OEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF HY KNONLE06E AND BELIEF. DATE V • f » i * : \ P • ♦ ^ - iT: Adjacent Property Owners* Acknowledgement Form I 4 of Ounu/cc^y A/g [print name^ ' [print address] ^ have reviewed the plans for the proposed improvement or proposed use of the property located at O.'flS Qu^iiJccei^ y4v^also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for die City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor s project or \se requires-CQuncjl approval. Property Owner **♦♦♦♦♦♦♦♦♦♦*♦*♦**♦#*****♦**♦******♦*♦♦♦♦♦***•**•**•***•*****♦**•************* (T>(we) L'. (J»,aiHocteiof ^ [print name(s)] [print addressl have reviewed the plans for the proposed improvement or proposed use of the property located at :7a 7^ also referred to as Land Use Application No.------------. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor s project or use requires Council approval. 5^1 Property Owner Date r D DateProperty Owner If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days pnor to the scheduled meeting date. /•t« ■ ^ ”1 ■rfe J I *r V'- V v‘-,^ < \ . ..• /'•' -c’ ■■ i .'"f 7“ T i tJ^ ------ - • r #• --------4 . -...........V ..................... .^. . . ,. Ly- anticipated, the structure is built to withstand ice action and wind-driven waves and debris. C. Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. D. Steep slopes. Local govern.ment officials must evaluate possible soil erosion impacts and developmenc visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, drive'-.'ays, structures, or other * improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. 2. Proximit/ to unplatted cemeteries and significant historic sites. No structure"may be placed nearer than 50 feet from the boundary of an unplatted cemetery protected unv-er Minnesota Statutes, section 307.08, unless necessary approval is obtained from the Minnesota State Archaeologist's Office. No structure mav be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. F. Proximity to roads and highways. Nc structure may be placed nearer than 50 feet from the right-of-way line of any federal, state, or county highway; or 20 feet from the right-of-way line of any town road, public street, or others not classified. G. Height, fill structures in residential districts in cities, except churches and nonresidential agricultural structures, must not exceed 25 feet in height. H. Accessory structures and facilities. All accessory structures and facilities, except those that are water-oriented, must meet or exceed structuire setbacx standards. If allov-ed by local government controls, each residential lot may have one water-oriented accessory structure or facility located closer to public waters than the structure setback if ail of the following standards are met; (1) The structure or facility must not. exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point. (2) The setback of the structure or facility from the ordinary high water level must -be at least ten feet. A-1.25 ($ 'cicT' (3) The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. (4) The roof may be used as a deck with safety rails, but must net be enclosed or used as a storage area. (5) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. (6) As an alternative for general development and recreational develcpm.ent waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. (7) Any accessory structures or facilities not meeting the above criteria, or any additional accessory structures or facilities must meet or exceed structure setback standards. I. Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements: (1) Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties,“public open-space recreational properties, and planned unit developments. (2) Landings for stairways and lifts on !^-sidential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public cpefr.-space recreational properties, and planned unit developments. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, . A-1.26 I hardcover 'calculation 'WORKSHEET SETBACK zone : (CIRCLE oue) (o^^TS^ 75-250* 250-500' 500-1000' Existing H ardcover in Zone • • A. H ouse ' y GutLOm6i CohC. STu JC^Uuf ri.P C0A4£ \AfAUC B. Garage c. Driveway COHcf^i r£ STt' e. Patio/ Deck F.Landscape AREAS UNDERLAIN BY , . PLASTIC SHEETING iioac VV/4Lt? G. Other LENGTH 24 ■ D. Sidewalk _ WIDTH X_ _*i- X X . X . X X . 6S Total Hardcover in Zone Total Property Area in Zone 82. s ^B S • F • • \ { ^ _ X .• ^ fc e ? *** • **o • r • ^*v ..y - s.F. ••;'"• v.J .1% y • y . S.F. __.' A% . ^• ^ ' »4 • S.F. V- - —-------------------S.F. _ S.F. _ S •.F. M*5^, 173 ^2?- . S.F, . S.F. . S.F. S.F. • • S.F. S.F, S.F. isiot A .F. [3 ^■^3 ^ X 100 - Q.66 ‘?'o HARDCOVER CALCULATION'WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' (fS^5^ Existing Hardcover in Zone - :»> 250-500' 500-1000' A. House LENGTH COH(,\2frE oil r<oc,<. f'LU IN ^0M£. i<cTl^ If^CLOOi^ Ct dr-'iv' iffp ROCje: WIDTH X . .Z9SS 200 110 ■22A S.F. S.F. S.F. S.F. S.F. B. Garage S.F. c. D riveway E. Patio / D eck X _ D. SI DEWALK^ ' X F.Landscape AREAS UNDERLAIN BY . . plastic SHEETING X X '2 0 f S.F. S.F. 0 S.F. S.F. S.F. S.F. S.F. S.F. S.F. 05 }i i •• •• »j Tfc V r:\ S *w.j ^paz-j S.F G. Other Total Hardcover in Zone Total Property A rea in Zone S7S3 S.F. t.F. Z2S40t .... [S 5'yss 22.540 V inn - 2g.'»^% Vkk./ Via^u/^f^ ' - • HARDCOVER CALCULATION'WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' <550-500^) 500-1000' Existing Hardcover in Zone f/- • • A.. House •X • S . P*• LENGTH WIDTH • • X • s s.p. X • • S.F. •X • s S.F. •X Si F. B.Garage • X S.F. • C.Dr IVEWAY X s SfFi X • • • Si Fi 0.Sidewalk • • • X _ 9 • 1 • « • • Si • • . p • SiFi X a SiFi A «X _a SiFtE.’at10/ Deck X • S.F# F, Landscape • X •a . 1 SiFiAREAS UNDERLAIN BY • X • SiFiPLASTIC SHEETING X . • • SiFi • • • X • •• • •• •• SiFi G. Other X • S.F. Total Hardcover in Zone Total Property Area ‘in Zone ?o 1 » « • •» f *» - •# • ^-.5 B X 100 - _______ S.F. ! aH 33301 __ s.p. [3 ~^.—r TT ---------------- t : I I" * _____—k- Tixi-nTir:t-r-r-r+-*-r---------- ------ i 8:09 P.M. The appUcant. who was out of towti. was represented by his son-in-law^ ,>.auu.s.. -------— --- The proposed reconstruaion of the 14x26 ’ required an updated sur\e% ot the uarHrnver located in the 0-75' zone and the enure deck would result in 40 s.f. ot The Planning Commission deck is located in rront of the showtog that the deck The trees in front of the deck would remain. Nolan said it would be out of charjuner to that deck dimensions in the patio area. Ayes 7, Nays 0.deck dimensions m tnc pauo <uca. «M) H999 DAVID AND VICKI VICKERMAN. 2475 DUNWOODY .AVENUE - VARIANCES - PUBLIC HEARING 8:09-8:22 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The .Applicants, Mr. and Mrs. Vickennan, were present. Mabusth reponed that the appUcation would involve the removal °f »ind replaced with a 12x15'deck and access stairs leading down steep bank to Z7^ iaT^m l. would be lo- above the lake and 9' from the shoreline. The code aUows for a 8x4' landing with access stairs. The applicant reported that due to the steepness of ±e lot, there is no anything to enjoy the lake without being able to walk out onto a deck. Tb only access to the lake and use of the lakeshore itself Mrs. Vickerman as deck could be installed where tiie boathouse is now located. (s4 - i\999 - Da«d and Vicki vickennan - Lonnnucu, ,1. - *T‘ •' the access stair strucnirc. Row ertc _ could crovide an area to sit and enjov the boathouse is would ne^ to be in 'h' 0-'5' lake but no d<^ inionned that open-timbered decking is considered was empnasized. The app -uonrh water The deck as proposed would not hardcover because the timber runoff too the lake. The applicant was informed of the stabihztng ot the area P°“‘„„gjjed *The Planning Commission would review r pi"p;rrj:«"^^^^ .0 .he coined for final approval. ,t was, re^rSptoLed fhm the code only allow, for a 4s3 ’ landing on the access staus. Schfoedet moved, Nolan seconded, to table application el999 untU the Apnl “S; Stiom Z ;!::ding“S « a°cL"on.l use pennit. Ayes 7, Nays 0. (#5) #2001 POWDER PACKERS, INCJRHONDA E. WO ORCHARD park road - VARIAsNCE - PUBLIC HEARING 8:.2-8:36 P.M. The Certificate of Mailing and Affida\it of Publication were noted. The Applicant, Ms. N^Hson, was present. The application is for a fronnstreet setback variance where 100’ is required, for a 33>t23 uaraarand 4x12' entrv The setback proposed is for 75' at the entry^draon and . addition where the existing resid«.« is loca.«l at ^.7’. Th«e js ^«stmg ovXti that travels the length of the residence. The proposed enoyw^Id ^«d 2 ^or^fhe overltang. When the house was ofiginaUy built in 1959."« smdards did not apply The propeny is 4.79 acres in a 5-acie changed after the construction of this house. The addition will meet the requtr separation setback from the tennis court. Smith asked why the garage was moved forward from the rest of the house. The applican responded that this provided a thru corridor right into the house entry door. The driveway plans were shown to the commissioners. -J i (^j^Acceo iKjAtO^ihej^ 6r H^fd^^ptuci- " i. mmi rT>v OQapXocQCXl? '@) -]|o»y«<)'‘<'='^'"'*^' OaJI bWa.Att*- ^1 • ^ i Bonestroo Rosene Anderlik& |\]| Associ<)tes Engineers & Architects Mav 8. 1995 4 •« •*-; f ..r. ye 40, • 4-;,.V i ‘V • S • »*» ••'./«••«*• *• A • • f. - • • • • , •, A . • • * »* ••••♦, • - • ;• „ * • • n A ’ , it - . *«!,•«• A ,1.• •* n* Vi. .*• * w •ifl < • ■ •« A •••'•f-v e • .5 !•••»»: •: i ■• t « »« •«*. * • • • S.f . / * «• . ».?♦ M*. H • • V • ‘••I** A % .. • I •. .t W.. ’ ^ * e • .11 • •-.• ^ t. , ' •• i*:r >0 4.. 'A ■« /\ ». t*« A *•• j ♦ fy A Vn-• •• ►e 4 A I A •' »• 4 VN - •• *: ' * *t» • .* • • * * - • O -.Ve li. - V # % 0 :.’*'%•••• *'■ '•* *• ^ i.«r 4. * • * ^ • ‘ttO* * • ■** ?/ * ‘ **• Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Vickennan Boathouse File No. 139-1999 Dear Jeanne, We have inspected the property at 2475 Dunwoody Avenue owned by David and Vicki Vickennan. The proposal to tear down the existing boathouse and stairway appears feasible from an engineering standpoint. The existing boulder retaining walls need to be repaired in several locauons. The plans call for stabilizing the slopes with crown vetch and erosion control fabric which is appropriate. A portion of the wall continues beneath the boathouse. Lntil the boathouse has been removed it 'will be difficult to determine the moat practical way to restore the slopes and retaining walls. The applicant should contact me at this office to arrange for an inspection once the structure has been removed. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. * , ’ .. ,• «*• • -- J -i.,r -• •i‘***’*rf • I^ .. 4, /.* r** * r. . V V...- *r A • ( •f •• ’ w. n . .* V r •••♦• A*;. t % m * Shawn D. Gustafson, P.E. 2335 West Highway 36 ■ St. Paul. MN 55113 • 6l2"636-46n“ ci REQUEST FOR COUNCIL ACTION DATE; June 7, 19l95 co Va ITEM NO.: (j, 9' \'S' Administrator Reviewed:Agenda Section: ZoningDepartment Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Item Description: #2007 Tony Eiden Company, 2800 Countryside Drive West - Conditional Use Permit - Resolution ♦ ‘ Additional Exhibits . H - Amended Drainage Plan Approved by City Engmeer Brief Description of Request Review Exhibits E and F. applicant originally proposed a berm within the shared lot lines of Lots 1 and 2, Old Crystal Bay Road Addition. Applicant had ongtn^ly prop^ ite betm to r^Ltt draitiage from the east to a proposed ditch within Watertown Road. The CiV advised that tlK original proposal would not work. The locatton of the two mound sites in the rear yard and existing elevations that direct major dratnage from the east to the imincdiEte rear of the walkout residence on Lot 1. The revised plan proposes relocating the berm out of Lot 2 and away from *e alternate drainfield site.Vview Exhibit H, drainage shall be redirected along sharrf lot lines of Lots 1 and 2 via a swale. The swale will be installed at an approximate 20 width. The applicant will be asked to execute a drainage easement that will expand from the dedicated 5’ easement on either side of the shared lot lutes to a 10 width. ^ . ^jn drainage from the east will now be directed to the the swale. Ftnal site grading for Lot 1 wm ensure that the walkout will be protected from flooding by directing any excess drainage to the culvert to the southwest comer of the property at Countryside Drive. staff recommends approval of the conditional use permit application as amett^d finding that the revised drainage plan will protect the residence on Lot 1 from potential floodmg. The enclosed approval resolution has been drafted per the Planning Commission’s unanimous recommendation and staffs approval of the amended proposal. COUNCIL ACTION REQUESTED: To either amend or adopt the enclosed approval resolution. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #2007 WHEREAS, Tony Eiden of the Tony Eiden Company, (hereinafter "the applicant") is the owner of the property located at 2800 Countryside County Drive West within the City of Orono (hereinafter "City") and legally described as: Lot 1, Block 2. Old Crystal Bay Road Addition, Hennepin County. Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit the filling and grading of a berm that exceeds 100 cubic yards of fill per Municipal Zoning Code Section 10.03, Subdivision 19. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2007. The property is located in the RR-IB, Rural Residential Zoning District requiring 2 acres in area. The subject property consists of 2 acres. On May 15. 1995, the Orono Planning Commission reviewed Ae application as proposed and recommended approval of an amended application based on the following findings: A) Proposal will have no negative affect on the adjacent properties nor on the residential development within the Old Crystal Bay Road Addition. Page 1 of 5 B) The final approved drainage and grading plan will ensure that the residence on the property will not be subject to seasonal flooding. C. Major drainage will be directed away from the residential sites on Lots 1 and 2. Drainase will now flow within a defined drainage easement and conform with ^e comprehensive drainage plan approved for the Old Crystal Bay Road Addition plat. 4 The City Council finds that granting a condiuonal use permit to allow the installation of a berm and swale 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 Propei^ will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5 The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by 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 CouiKil hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, SuMivision 19 to permit the installation of a berm and swale within the property subject to the followmg conditions: All grading and drainage improvements shall be installed per approved plans included as Page 5 of this resolution. Applicant and owner of Lots 1 and 2, Block 2, Old Crystal Bay Road Addition shall execute drainage easements providing a 10’ drainage easement on either side of shared lot line. 3 Prior to applicant’s contractor installing suitable ground cover upon completion of final grades, applicant shall contact City to arrange for a final inspection by the City Engineer to confirm that grades have been installed per approved plan. 1. 2. Page 2 of 5 4. 5. 6. Authorities granted by this resolution are permissive only and must be exercised by application for a land alteration permit within one year of the date of Co^cil approval or this condiuonal use permit wUl expire on that date (June 12, 1996). Violation of or non-compliance with any of the terms and conditions of to resolution shall constitute a violation of the Zoning Code, shall automaucally 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 12th day of June, 1995. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 1995 by Edward J. Callahan, Jr., Mayor & Dorothy M. Hallin, City Clerk ® Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 5 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this_______day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that h<* (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this _ day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 (I ^ ^ <r''1'7 7 S " • To; From: Date: Subject: Chair Peterson and Orono Planning Commission Members Ron Moorse. City Administrator Jeanne A. Mabusth, Building & Zoning Administrator April 13, 1995 #2007 Tony Eiden Company, 2800 Countryside Drive West - Conditional Use Permit - Public Hearing Pertinent Ordinance Section 10.03, Subdivision 19 List of Exhibits A - B - .. n - F - i- * Application Plat Map Property Owners’ List Weckman Memo 4/5/95 Survey of Developed Lot Topographic Map Gustafson Report 4/13/95 Desci iption of Request The applicant has begun to install an L-shaped berm between the shared lot lines of Lots 1 and 2, Block 2, Old Crystal Bay Road Addition. Both of the lots abut Watertown Road along their north lot line. Review Exhibit F. The majority of the runoff from the east flows through Lot 2 and eventually to Lot 1. The berm has bwn placed very close to the principal septic test sites on both lots. Weckman asks in his memo. Exhibit D, to readjust placement of the berm so that there is a 20 ’ setback adjacent to each drainfield site in order to provide enough area to direct surface water away from the drainfields. Unfortunately, the current proposal directs all runoff from the east between the house and the alternate septic site on Lot 1. The house on Lot 1 is a walkout design. The City is concerned that flooding problems will result with the current proposal. The City Eneineer has inspected the site noting that if the drainage pattern proposed is to continue that it would be necessary to create a swale between the house and the ftmire drainfield sites to restrict flooding of the low er level of the residence. Weckman asks for a ditch along Watenown Road to redirect drainage. The Engineer is concerned that this would not work because of the location of the remaining berms approved with the subdivision and also a potential impact upon the City’s bike trail. The only other alternative avaUable would be to redirect drainage along the shared lot lines of Lob I and 2 to Countryside Drive West. Zoning File #2007 April 13, 1995 Page 2 The Engineer in his report. Exhibit G, asks that the swale to the rear of the residence (Lot 1) have a minimum slope of 2 percent. The City will ask for a drainage easement over the swale because of the need to protect the drainageway. He also notes that the east side can be graded so that as much of the runoff as "practical" can be directed along the shared lot line of Lots 1 and 2 to Countryside Drive West. Staff Recommendation Per Weckman ’s request we ask that the berms be altered so that there is a minimum 20’ setback from principal drainfield sites in Lots 1 and 2 in order to redirect surface runoff away from drainfields and as noted in City Engineer ’s report. Your recommendation should also include the condition that based upon the final resolve of the redirection of drainage that applicant must provide an amended/detailed grading plan to be drafted by a licensed engineer or landscape architect reflecting the altered berm and the method to redirect drainage away from septic and residence structure. The City will ask for a drainage easement over the swale in Lot 1. 0 4'^» — - 0 CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 'L^Q— Tvpe of Application to be Filed Property Identification Number (P.I.D.) 6o.applicant Name *T^av ^ .— Address OW'N'ER (if different than applicant) Name____________________ Phone (home) ^ Phone (work) Zip Phone (home) Phone (work) Address City Zip. Hdofldo'So X'wn the parcels or lanuT FEES - CON-DmON^^^^ $125.00 Residential Accessory Use ' $200.00 Institutional (church, school, etc.) $175.00 Guest House/Guest Apartments ' $150.00 Duplex Credit/Bldg $250.00 Commercial/Indusirial Use _ • 2^ $200.00 L^^ ^ designated wetland or floodplam ^ ____I _ ini nil vH nr moreXT Grading and filling - 101 cu. yd. or more k . Grading, seawall, retaining walls withm 75 of lakeshore PRD/PID - see Fee Schedule ... ,♦ • \ “ $100 00 Renewal Fee (no change from original applicauon) — ‘ ^ T- _ Annlication Fee ilUU.UU rvcucwai 4 vv. ---------------— w -- " After-the-Fact Fee - Double Current Application Fee OTHER Site Plan Review (+ consultant fees) ’ $250.00 Vacation --------$175.00 Easement /acation --------$ 75.00 Easement Vacation With Subdivision $300.00 Rezoning (PUD - refer to fee schedule) " $300.00 Comprehensive Plan Amendment $100.00 Appeals Other - see Fee Schedule Present Zoning District Present Use of Property fS^ Residential Other (specify). _(month/’year) ,-TTV :T Z' *. r ■ ^ \ - •* i ■ t- ^ ^ ^ 1 JC ’v-vy J Vi out* • ,JL -Jjl -80 i\.01 . ».•/ At. f)' REQUIRED SUBMITTALS ___Completed Application Form. Describe request in detail. . . u • i.- -----Cenified Property Owners List of owners within 350 (you can obtain this list from ----- Hennepin County Department of Finance, A-603, Government Center. 348-3271). ----- Cenitote of Survey (signed by a licensed surveyor) - refer to handout for survey information. ... a • j 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 mterest m the property Th^is would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENT SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________________— -------------------------------------- 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. APPLICANT’S SIGNATURE . The applicant hereby agrees to provide all information required or requested by the Zomng supplied is true and correcT^ the best qMUsAer knowledge. Applicant ’s signature Date OWNER’S SIGNATURE . ,, The owner hereby acknowledges and agrees to this application and further authorized re^onabie entry onto the propen>' by City staff, consultants, agents, commission members, and Council members for purpos^/^ investigatio^nd verification of this request. Owner’s signamre _\ ADDlicam must have all submittals into the City offices 25 days before the Planning Commission Meetmg. Pla^ Commission Meetings are held on the third Monday of each month. Applicants must be present at all^scheduled review meetings of the Planning Commission and CouncU. If an applicant is unable to attend a scheduled please make arrangements to have an authorized agent attend in your place and advise the Building & Zomng ice of this change prior to the meeting. B MH DATE 03/07/fS MTCH 502 PROP AOOR QMIER NAHE TAXPAYER NAME/AOOR PROP ADDR OMIER NAHE TAXPAYER NAHE/AODR PROP ADDR OMNER NAME TAXPAYER NAME/AOOR PROP AOOR OHNER NAME TAXPAYER NAME/ADOR PROP AOOR OWER NAME TAXPAYER NAME/AOOR HENNEPIN COUNTY PROPERTY XNPORHATION SYSTEM PROPERTY COWERS LIST r * '4Sa 0a-lX7-2S 12 0009 02S00 COUNTRYSIOE OR N ORONO LIMITEO PARTNERSHIP TONY EIOEN COMPANY 4100 BERKSHIRE LA PLYMOUTH MN 55444 SB 04-117-23 12 0016 02775 COUNTRYSIOE DR H ORONO LIMITED PARTNERSHIP TONY EIOEN COMPANY 4100 BERKSHIRE LA PLYMOUTH MN 55446 56 04-117-25 21 0005 02845 HATERTOWN RO MICHAEL J FITZPATRICK ET AL MICHAEL/PATRICIA FITZPATRICK 2845 HATERTOWN RO LONG LAKE MN 55556 Sh 55-118-25 45 0001 02760 • HATERTOWN RO JOSEPH H ROSCH JOSEPH H ROSCH 6906 JAMES AVE S RICHFIELD MN 55425 TOTAL BATCH 502 00012 i,58 04-117-25 12 0010 02780 COUNTRYSIOE OR N ORONO LIMITED PARTNERSHIP TONY EIOEN COMPANY 4100 BERKSHIRE LA PLYMOUTH MN 55446 'a**•» 58 04-117-25 12 0017 02755 COUNTRYSIOE OR N ORONO LIMITEO PARTNERSHIP TONY EIOEN COMPANY 4100 BERKSHIRE LA PLYMOUTH MN 55446 • u’ ■I 3« 0<V-H7-2J 21 0Q04 ♦ OOOS5 OLD CRYSTAL BAY RO S THEO J HEYER ETAL THEO J MEYER ’ 85 OLD CRYSTAL BAY RO LONG LAKE MN 5535A. •« •. »• . •i . • ■Jf. • > ■- ^ *•58 55-116-25 45 0010 00055 GOLDEN VIEW DR T 0 A B A HCMICKLE TERRANCE D/BARBARA HCMICKLE^ 55 GOLDEN VIEW OR ,T| ‘ LONG LAKE MN 55556 *.. V, t' » '• > ' rf.r .*• REPWT NO. PI455401 PAGE IQ58 04-117-25 12 0011 02760 COUNTRYSIDE OR M ORONO LIMITED PARTNERSHIP TONY EIOEN COMPANY 4100 BERKSHIRE LA PLYMOUTH m 55446 58 04-117-25 12 0020 00058 ADDRESS PENDING CITY OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55525 58 55-118-25 54 0009 02845 NEAR CIR HEAR ENTERPRISES PARTNERSHIP NEAR ENTERPRISES PARTNERSHIP C/O HILLIAM H NEAR PO BOX 245 LONG LAKE MN 55556 58 55-118-25 45 0011 00055 GOLDEN VIEW DR V 0 I N L ERICKSON VAN 0 i NANCY L ERICKSON 55 GOLDEN VIEW OR LONG LAKE m 55556 . %♦ ; J*• V* .•% . J ;*:yv k . < E'l'Vv - If « ’ •i'-• i{ > ^ ■^:.L V " . •’ ' • •! # ♦ • VJ*‘ . • - ‘ r! ■ •’ , * , f?-' '-i-• t;- . . , . »# • "l TO: DATE: D Jeanne Mabusih, Building and Zoning Administration FROM: Stephen Weckraan, On-Site Systems Manager April 5, 1995 SUBJECT: Application #2007, Tony Eiden - Site Review The applicant proposes the addition of a privacy berm along Watertown Rd. on lots 1 and 2, block 2, Old Crystal Bay Road Addition. The berm is nearly complete as work was initiated without a permit using fill material from other lots in the same subdivision. Staff recommends some alterations to the berm size and site drainage if the berm construction is permitted. As the berm location is between two drainfield sites, a twenty foot setback must be maintained from each site. This setback is necessary to direct surface water away from the drainfield sites. The excavation of a ditch on the north side of the berm, adjacent to Watertown Rd. is also recommended to direct surface drainage west rather than across the middle of the applicants property. Currently surface drainage will flow from the three lots west of lot 1 across the middle of the lot between the house and drainfield sites. The applicants representative has agreed to the above staff recommendations. REGISTERED UNDER LAWS OF STATE OF MINNESOTA 7601 - 73cd Avenue North 6604003 Q Oenofee Wood Hub Set For Excavation Only / c. ElDEN CONSTRUCTION MinneapoUe, MInncaoU 65428 Onmuiirx <forlltUalv 8 IS > M000.0 Denote! Extetlng Etevotion C Denote! Propoeed Elevatio ^ ■ Denote! Surface Droinage 7 Propoeed Top of Block Propoeed Goroge Floor 77/J7 Propoeed Loweet Floor UObS? Type of Building • \CO»m.O ------------\coil. "'^(/lyurY / o(2^ttync,c //£ 6/‘34 a ckn<j c:&CAj^AJn )^si k\f<K cvix^-v . AVuJiL kvj jd\S^ >A\ % ^U«1A-aaJ2^ 8S3S \^ObS V-ayvA\ft,t^•'^ ns4■-_^/W»^Me<^ in ^ CM rs m in in vr I .*r» 'Go ' k ‘^ 7' - -\01.[i- 0 Oil HTPY^ 1 pe (u^i<i*PAC?£C7j Prnnn<;ptl hulld1 no information must be 4 ) Stt ily Clfvatlon 1 EItvotion Droinogt Block Floor Floor / • *•» • .' , \ .• • I • . J/1 Bonestroo gja Rosene WT* Anderlik& \\\\ Associates Engineers & Architects April 13, 1995 Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 ^ ^ Crystal Bay, Minnesota 5^3-3 Re: Tony Eidcn File No. 139-2007 Dear Jeanne, • , |«i • •• m •.-•I i •• . • •• *t • » k - « f . .1 ■« “ • * • . V* I • * i ..»- • *• * •f'w •** ^ -nt. I * > nr** *• * ,f" • r -.V • * ' ;..y C If .%'*•» • W h'.M ‘ ^ •»•“« Al * . •» > ^ Vi.n< A »-."*v ' -2 ** •• I r^.*» ff :i ' tt 4 «.* r»«••••• .A ♦ n* TO.* • # ' ‘ ••i*-***- „r.< M*-***i*/ ■*{ • *.« •• I* • ,1 ' ' ;i. .t. "• 1 MommT *•*'•*• . -*%%i VMfm't. It ''y I» !*»•**/•»•• , A •: 1*^ ^ •* t • • *1 • *< .'1 V ••% t AJ •%. V..: ,* •' .. y A Vu*'v* *■*•• . Q A. A . i ;-,r * A « V TT C* . C..»-MV •» V*. I« t* ♦«' • * V .» " • •' * , *1 If. IVW •• W«-t ‘ • ». • , *. •• 3 %r U* » • *T J3^s J *. •*••**• *• (.(. • • ■- • -t'tt ,4.h * » C-.» * A*f • t .* • • *»:r* A’H. ■*• ' '**• ** ' .cv '*l J A f *" M •• \* Oisrj- » '4 ..... . f .t:i engineering standpoint. In regards to the lot dr.in.ge ^O^IS Kge i«Se dSe to the f«:t that the other lou must use It The east side of the Lot 1 should be graded so that as much of Ute runoff as practid can be directed to Countryside Drive. Please contact me at this office if you have any queations regarding thi. matter. Yours very truly, bonestroo . rosene , ANDERLIK & ASSOCIATES, INC. >2). Shawn D. Gustafson, P.E. i33S West Highway 36 • St. Paul. MN 5SI13 • 612-636-4600 \ 4 ^ 'n ‘ ‘ 'V Vo i. .. •O ^ Vi \ • >- ^ > l/) ->x J v^- lO <#vl L D O rtJ- oA'' ^ i REQtTST FOR COUNCIL ACTION DATE: June 5, 1995 ^ ITEM NO.: 'J % 'A Department Approval:Administrator Reviewed:Agenda Section: Name Jeanne A. Mabusth Title Building & Zoning Administrator Zoning Item Description: #2015 Mark Permit/Variances - Resolution Harrington, 4080 Bayside Road - Conditional Use Zoning District: RR-IA, minimum 5 acre requirement. Total area = 5+ acres Additional E.vhibits L - Applicant’s Second Addendum 5/31/95 Brief Review of Application For more detail on this review please refer to the staff memo of May 4, 1995 enclosed in your packet and the Planning Commission minutes of the May 15, 1995 meeting. The applicant seeks approval of a conditional use permit for a guest apartment within the upper level of a 35 ’x44’ addition to be placed to the northwest of the existing residence. The addition will also require a street setback variance and height variance. The property is located in the 5 acre zoning district requiring a 100’ street setback. The existing strucmre is located 50.1 ’ froii. street lot line. The proposed addition will be placed 64.9 ’. Review Exhibits 1 and K, it * the intention of applicant to complete the construction of a new residence within two phases The first phase consists of a four stall garage and expanded living area for his mother-in-law. The existing residence strucmre will be removed and a new structure installed to the immediate east of the 35 ’x44’ addition. Based on the location of the existing strucmre and the desire to move the proposed addition as far north as possible and maintain a reasonable connection to the existing residence, the addition could not be placed at the 100’ street setback. The elevations begin to drop dramatically to immediate rear of addition. The heicht variance results as applicant must place 3 Vi’ of fill beneath the grade level garage in order to achieve the desired dramage. Drainage shall be directed to west and eventually to the north in order to save mamre trees in street yard that would have been destroyed if drive had to be lowered to street elevation. Per the height definition the vertical height of the strucmre must be determined at the garage level. The 3 W of fill and the vaulted ceiling design impact the final determination of the legal height shown at 32 Vi’, refer to Exhibit E-1. Tlie Planmng Commission did not recommend an alteration to the vertical design of the residence and founc . 1 height variance to be acceptable. Request for Council Action continued page 2 of 2 June 5, 1995 Zoning File #2015 In the review of the conditional use permit for the guest apartment, members considered the issue of internal access to the apartment area at the third floor. There are three accesses to the apartment area, one via the patio doors at the lower level (via basement, review Exhibits E- and F-1) The second access was via the side garage door to a hallway that would lead to the staircase to the upper level (review Exhibits 4 and F-2). Internal access is provided by the link to the addition that consists of a mud room and expansion of the kitchen (review Exhibits E-4, £ 5^ p_2 arxi G). Members concurred that at the time of the fumre addition of the remainder of t’le principal strucmre that the current link would be removed. Based on the alignment of the addition and the existing strucmre, it is impossible to provide internal access in any other way but through the link as proposed. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the application as proposed subject to the conditions set forth in the staff memo of May 4, 1995 and two conditions set forth by Planning Commission at their meeting as follows: 5. Applicant to obtain a demolition permit for the removal of the accessory strucmre, garage. 6.Applicant to provide a date at which time applicant proposes the removal of the detached garage and the closing off of the existing drive. Review Exhibit L. applicant’s second addendum notes that both garage and drive will be removed by January 1. 1996. Applicant wants to maintain the existing access and garage during the period of construction. Applicant’s property is not subject to hardcover controls so applicant’s retention of the concrete pad for a limited period of time is of no issue for the City. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission’s recommendation. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution. A RESOLUTION GRANTING >'AR1ANCES TO SECTION 10.27, SUBDIVISION 5 (A & B) AND A CONDITIONAL USE PERMIT PER SECTION 10.27, SUBDIVISION 3 (A) FILE NO. 2015 WHEREAS, Mark J. Harrington and Monica M. Harrington (hereinafter the applicants") are the owners of the property located at 4080 Bayside and legally described as: Lot 1, Block 1, Popov Addition, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono to permit construction of a 35’x44 ’ 2'/^’ story addition proposed at a 32’6" height where the code would allow 30’ to be placed 64 ’9" from the street lot line where the code would require a 100’ setback and where the existing structure is located 50’. Per Section 10.27, Subdivision 3 (A) the applicants have also made application for a conditional use permit to permit a guest apartment within the upper level of the addition. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1, This application was reviewed as Zoning File #2015. 2.The property is located in the RR-IA Rural Residential Zoning District requiring five acres in area. The subject property consists of 5+ acres. 3.The Orono Planning Commission reviewed this application on May 15, 1995 and recommended approval of the variances to Section 10.27, Subdivisions 5 (A & B) as proposed and a conditional use permit per Section 10.27, Subdivision 3 (A) that would allow a guest house apartment within the upper level of the new addition. The street setback and height variances were granted based on the following unique findings and hardships: Page 1 of 5 4. A. B C. D. E. F. G. H. I. J. The subject property meets the minimum 5 acre requirement of the RR-1A zoning district. The existing residence is located 50 ’ fiom the street lot line and an addition could not be attached to the structure that would also meet the required 100’ setback. The addition is located on the only feasible building pad as lot slopes steeply to the nortli and the east and is heavily wooded with mature trees. The present house was built in 1947 prior to current 5 acre zoning standards established in 1975. The existing detached two stall garage does not meet the reeds of the applicants ’ growing family and there is a desire to have an attached garage with a family of young children. The present detached garage will be removed and the existing driveway restored to natural ground cover. It is necessary to fill 3'/4 ’ beneath garage floor in order to create positive drainage away from structure. The height definition requires that the vertical height be determined at the existing elevation at the south side of garage. The applicants propose a vaulted ceiling at the upper level. This type of design also has an impact on the height determination. The mamre oak and spruce trees will buffer the peak of the roof from the roadway and adjacent properties. All standards of the guest apartment section of the code, [Section 10.27, Subdivision 3 (A)] have been satisfactorily met with applicants ’ proposal. Page 2 of 5 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convcnieiKe to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to allow a guest apartment 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, tlie Orono City Council hereby grants variances to Municipal Zoning Code Section 10.27, Subdivision 5 (A & B) and per Section 10.27, Subdivision 3 (A) grants a conditional use permit for a guest apartment subject to the following conditions; 1. 2. 3. Existing septic system is to be upgraded from a three bedroom to five bedroom mound system prior to occupancy of new addition. The apartment may never be used for rental purposes but shall serve members of applicants’ family, domestic employees or nonpaying guests. Utilities to addition shall continue to be metered through the utilities or meter serving principal residence. 4. A separate address shall not be assigned for the occupants of the guest apartment. 5. Applicants have agreed to remove the detached garage no later than January 1, 1996. The existing driveway area shall be restored to natural ground cover by June 1, 1996. Page 3 of 5 6.Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within ten days of the date of Council approval or the special conditions of this resolution will expire on that date (June 12, 1996). 7.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors ai^ assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of June, 1995 ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) Page 4 of 5 TO:Chair Peterson and Orono Planning Commission Members Ron Moorse, Citv Administrator FROM: Jeanne A. Mabusth, Building &. Zoning Administrator DATE:Mav 4, 1995 SUBJECT: #2015 Mark Harrington, 4080 Bayside Road - Conditional Use Permit/Variances - Public Hearing Zoning District: RR-IA - M:nimum 5 acre requirement. Total area = 5+ acres. Pertinent Ordinances Section 10.27, Subd. 3 (A) [10.20, Subd. 3 (G-2)] - Conditional use permit for guest apartment within upper level of addition. Section 10.27. Subd. 5 (A) - Height variance Required = 30’ Proposed = 32.6’ Variance = 2.6’ or 8.6% Section 10.27, Subd. 5 (B) - Street setback vari-ance. Required = 100’ Existing = 50.1’ Proposed = 64.9’ Variance = 45.1 ’ or 45.1% List of Exhibits A - Application B - Plat Map C - Property Owner’s List D - Applicant’s Addendum El-5 - Elevations FI-3 - Floor Plans G - Detailed Site Plan H - Hennepin County Driveway Permit I - Topographic Information Jl-2 - Weekman Report/Septic Site Plan K - Survey Zoning File #2015 May 4^ 1995 Page 2 Description of Request The applicant proposes an approximate 35 ’x44’ addition at the northwest of the existing residence. The property is located in the 5 acre zoning district requiring a IW street setback. The structure will be located approximately 64.9* from the County Road right-of-way. The existing strucmre was built in 1947 prior to setback standards for residential construction and prior to the 5 acre zoning standards adopted by the City in 1975. In 19S4 the City granted a street setback variance for the detached garage located to the immediate southeast of the residence. It is the intention of the applicant to construct the larger addition and eventually raise the older portion of the structure and reconstruct the residence immediately adjacent to the new addition ^rther away from the street lot line. Review Exhibit 1, it is difficult to place structure further north to meet the 100’ setback because of the severe slopmg topography. In order to provide positive drainage from the garage elevation and create positive drainage to the northwest of the new addition, it will be necessary to place approximately 3 1/2 of fill beneath the -arage. Based on the height definition, the vertical height will be determined at the garage level 3 1/2’ of fill and the vaulted ceiling design impact the final determination of the legal height now shown at 32 1/2’, refer to Exhibit E-1. Applicant has been asked to file a conditional use permit as the upper level of the three story addition will contain an apartment area for applicant’s mother-in-law. Review the required standards for such use. Review Exhibit F-2, note the upper level apartment is connects from a hallway that leads from the mud room and kitchen addition. A secondary grade level access door extends through the garage that eventually connects to a doorway to that same hall. Review Exhibit E-2, the rear elevation shows a lower level patio door leading to the icar yar . Staff would suggest the primary access to the apartment would be from the access door leadmg from the mud room. An existing septic system was installed in 1987 and was designed to serve a three bedrtwm home Review Exhibits J-1 & 2, septic testing confirmed there is adequate area to seiwe a five bedroom residence. The existing system will be upgraded to serve the additional two bedrooms in the addition. There is adequate parking on this 5 + acre site to serve parking needs for the additional guest house unit. Zoning File #2015 May 4, 1995 Page 3 Issues for Consideration 1. Is there adequate hardships to approve a height variance for the new construction? 2. Can simple design modifications be made to modify or remove need for height variance? 3. The steep topographies to the north and the need to provide a feasible connection to the existing residence prevent applicant constructing an addition that would conform to the required street setback. Do you agree? 4. Have the standards of the guest apartment use been satisfied? Options of Action To either approve or deny the conditional use permit and variances as proposed with the current application. If members approve the application, the following conditions should be considered in your motion: 1. Existing septic system to be upgraded from a three bedroom to five bedroom mound system prior to occupancy of new addition. 2. Apartment may never be used for rental purposes but shall serve members of applicant ’s family, domestic employees or non-paying guests. 3. Utilities to addition shall continue to be metered through the utilities or meter serving principal residence. 4. A separate address shall not be assigned for the occupants of the guest apartment. #2015 ;b A W -4 • • W - *• '• Z, ::vs5 •. •• f • w CITY OF ORONO - GENERAL LAND USE APPLICATION • -fc.' I U L.tl^;1 ri-t*;'" ! ~ ■' >.V to.' • PROPERTY LOCATION Site Address ^ m A n vie A j> -r w'Ji/• w* V' uvv A MV A ' V Type of Application to be Filed •.t-’' »<-v1 — Property Identification Number (P.I.D.) 11T ~~ ------QS.------------- Phone (home) H *-! 1 "C c 7 S~" _______ Phone (work)_ City r/- APPLICANT Name i\)hlK ,'.{L if. '■ Ttj f.Hl\ - 7{-S'A Address t)Zip i rv OWNER (if different than applicant) Name ___________________ Phone (home)_ Phone (work)_ Address Cit>-Zip DatePropertv- Acquired________' -'j IL---------—— I (do) /do no^also own the adjacent parcels of land. (month/year) FEES - CONDITIONAL USE PERMITS - $ 50.00 For each variance request with CUP application ’ S125.00 Residential Accessory Use $200.00 Institutional (church, school^etc.) S175 .00 Guest Housi/Gu^ Apar $150.00 Duple,\ Credit/BWg ------ $250.00 Commercial/Industrial Use $200.00 Land Alteration -------- Grading and filling - designated wedand or floodplam Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls widiin 75 ’ of lakeshore PRD/PID - see Fee Schedule $100.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fre OTHER APPLICATIONS , r n $200.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $175.00 Easement Vacation $ 75.00 Easement Vacation With Subdivision $300.00 Rezoning (PUD - refer to fee schedule) $300.00 Comprehensive Plan Amendment ^$100.00 Appeals ^r ^2cC-C^ ^ Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District_____________ Present Use of Property ^ Residential _ Otlier (specify) REQUIRED SUBMITTALS ___Completed Application Form. Describe request in detail. u* • i- r ----- Cenified Property Owners List of owners within 350 (you can obtain this lisi from -----Hennepin County Depaitment of Finance, A-603, Government Center. 348-3271). Plat Map. VI. j f Certificate of Survey (signed by a licensed surveyor) - refer to h;mdoat for survey information. . . . ^ • j Attach legal description to application if not included on required survey. Topoaraphic survey (existing and proposed contours) if land alterations mvolve changes in elevation (grades). ... , • List of the legal names (include marital satus) of all persons with an mterest 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 pe»^ons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMEr^S OR COTY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to e submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________________---------------------------------------— 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. supplied is true and correct to the best of his/her knowledge. Applicant’s signamre________________________________Date OWNER’S SIGNATURE ., The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and council members for purposes of investigation and verification of this request. Owner’s signamre Date Applican must have all submittals into the City offices 25 days before the Planning Comimssion Meetmg. Pl^ CoLnission Meetings are held on the third Monda, of each month. Applicants must be Present at review meeiings of the Planning Commission and Council. If an applicant is unable to attend a scheduled m * 8* please make arrangements to have an authorized agent attend in your place and advise the Building & Zonmg Of ice of this change prior to the meeting. ^o.B ; 537.01 1 1 1(9)1 533.1? !? 1 5?9.43! 3 r •4 RUN DATE 03/16/95 BATCH 501PROP ADOP. OKNER 11 TAXPAYER NAME/ADOR PROP AODR ONNER NAME TAXPAYER NAME/ADOR PROP ADOR ONNER NAME TAXPAYER NAME/AOOR PROP ADOR ONNER NAME TAXPAYER NAME/AOOR 3A 05-117-23 22 0007 \03960 BAYSIDE RO MICHAEL G FILBRANOT MICHAEL FILBRANOT 3960 BAYSIDE RO MAPLE PLAIN MN 55359 33 05-117-23 23 0033 00038 AOORESS UNASSIGNEO MICHAEL 6 FILBRANOT MICHAEL FILBRANOT 3960 BAYSIDE RO MAPLE PLAIN MN 55359 38 06-117-23 11 0006 OAOlO BAYSIDE RO CURTIS I ELIZABETH LEVANG CURTIS A ELIZABETH LEVANG 4010 BAYSIDE RO MAPLE PLAIN MN 55359 38 06-117-23 14 0022 04045 BAYSIOE RO HAL BOON HENRICUS C A CORNELIA A BOON 4045 BAYSIDE RO ORONO m 55359 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST38 05-117-23 23 000403965 BAYSIOE RO FRED BLANCH JR FRED BLANCH JR 3965 BAYSIOE RO LONG LAKE MN 55356 38 06-117-23 11 0003 04246 BAYSIDE RD VCI CAPITAL INC VCI CAPITAL INC PO BOX 375 LONG LAKE MN 55356 38 06-117-23 ^->14 04080 BAYSIOE R‘J M J A M M HARRINGTON MARK A MONICA HARRINGTON 4060 BAYSIOE RO MAPLE PLAIN MN 55359 38 06-117-23 14 0023 04105 BAYSIOE RO D L COHEN A J L LAMB* OEBRA L COHEN 1942 HUMBOLDT AVE S MPLS m 55403 ' ..» REPORT no: PI435401 PAGE 1 • • • •• *>i•* • t. *• • t38 05-117-23 23 002000038 ADDRESS UNASSIGNED GREGG S A BETTE J PERL GREGG S A BETTE J PERL 309 W LAKE ST. , LONG LAKE MN 55356 38 06-117-23 11 0004 04050 BAYSIDE RO GAM COFNELL GARY 0 CONNELL 4050 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 14 0021 00315 TONKANA RO F B BENNETT A M M BENNETT F B BENNETT A M M BENNETT 315 TONKANA RD ORONO MN 55356 TOTAL BATCH 501 00011 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION» TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE 2l!$l • ^ A i \ X« V • i . • t, • .. ♦ .»1 »«* '. :•• • 7 ... • / • LJ•I *^» ‘ • *• • • • .V • t • f «' • '‘V ■ ‘w. ‘'VI ; S-. V)I • V 1 • ' *'■*‘f; • t ‘ ‘I -J•. • 4^ • • • t • -rr* • •». ; *1 .: . *. ] ' *^ *\* •’ •’ '■.A, .A . * » *t * • » ’♦ T#‘.,• r .1 \ . • • ♦ * ,* 1 * . .*• ^ . . • '■ 3rr ■J J 1 TO ^\?'?LC^TO!M !F©i^ ©w!r^3!D(nn!©!N!^iL USl iPiWinr The addition is necessary because our family has doubled in size in the past year from 3 to 6, My mother-in-law has moved in and wc had twins. Why a garage with a second floor and basement? We now have four vehicles and need the extra garage space. We located the garage to the north of the house for several reasons: ♦ The present detached double garage is on the south side of the house and blocks the southern winter sun. ♦ The addition is located on the only logical building pad. The lot slopes steeply to the north and east and is heavily wooded with mature trees. ♦ The present house was built in 1947 on 25 acres before the advent of the 100 foot setback requirement and 5 acre zoning requirements. ♦ Desire to have on attached garage. ♦ The long range plan includes saving the garage and addition and demolishing the present house to build a new house on the site. ♦ The present detached garage will be given to a friend and moved off the site. The present driveway will be obliterated as per county permit. "N • • I ■V ’ '£‘L^iILP?i^j(3 miQM ¥MilAii^}SE > Building height as proposed is 29 ’ 4". > Variance request arises because garage floor cannot be built at present grade. > Present location of house dictates location of addition. >• Site slopes from front to back, grade at the front of site is approximately 30" below front yard. >■ Building code requires the garage floor to be at least one foot above lowest point of driveway. Since the front yard is .evel, logic dictates that the garage floor be one foot above the front yard. This places the garage floor about 42" above the present grade. However, it will only be 12" above the front yard and at the same level as the present house when the project is completed. This makes the building height 32 ’ 9". I believe the intent of code is to prevent building a house on top of a mound of soil to get around the building height rules. This is clearly not the case here. Present mature Oak trees prevent excavating the front yard to make a swale for proper drainage for the driveway. > Mature Oak and Spruce trees will hide the peak of the roof from most of the frontage. V\C ^ I Ibca c j/ lb =ut IQ o T'Q4 'i \ y ^L-^ H 11 ■ 0.00" p"/l ^ 1 1 ^I y / N < )\ /j| y 1 y y 1/ \ i J ,: - L Ji: L Qi. — 1 '— « 1 —i !1 1------------ — ! X H inCCrLi: f L'J !1 1----1 i .X.LtZi 1 ^1 —““ ^ 1., -,f !i i iiooflaaou -i I in .—— \ A / V 8 ’0.00" riCCDCCC CCCICDIC ,nLaaaino\n— 11 ’0.00" r^-« { , „ 1 '’9'0.00" 'f • V\v\ Sea i e r 00 V / / / " 1 \ i V 2 '(j \m/ II 1.81" C25 30'0.00" / \ \ \ / C24 19'0.00' 24 -^4 ’0.2l' / / \ r• “ \ \B ock \ / / i'6.: 4 ' 0 .00 4 ’0.00"h) 6" = \\ 2 ’O.OO"f n V12 Roof over k itchen k mud room 8 ' 0 .00 Gc og« -13'2.63" t Lx IS Q House Mud room e I evot io Sea I e 6" = ^00 84 SO (incIudinq stoirs) \ ’9 O' I i 8 0* T JOO* T 23 6-1/2 6 '0 I % 6** stee Df 32 0- 23 3 • T Scale 3/ 16" =✓1 0044 O**- I riLITY I* 3* 9 9-3/A •• ! g I o o l<—v V -<d-4 MO"- Stoiit7.5"/10.5" , s,tee..QQS 3'0" V 8 0*0 I T tJ-V*' 12'6- V2" Storoae ! / ' I» <'~i 1 ^ M ‘ ^/ ♦. P- I 16*12 ‘ T ^1 Mz.A 1 ROOfvK f •0 r • i CLOSET 9 6 17-5- 2nd FLOOR 288 SO. BEDiROOM f Fr[gVs / .5"/? .5“ C'CssSioc^ A u O *0 3 \ I \ Z2 3 t T I ! r=^ V______/ WE i BAR : 2 S"M *0 7 • i n > \ U fi** 8 0* \/ w 3E["i I h v / '■------> EDROOM I-' I 35 8- Scole d/ lb" =I HENNEPIN COUNTY PUBLIC WORKS 320 Washington Avenue South Hopkins. Minnesota 55343 DRIVEWAY OR STREET ENTRANCE PERMIT AND SPECIAL PROVISIONS Permit No.3873 FieW inspected by DAVE ZETTERSTROM Location ItRii An«n Speed zone Nearest Cross Street (if rural) Sight distance: Actual • Left_ TONKAWA 440 + Minimum • Left 440 Curb to be removed to: □ Construction Joint □ Sawed Joint Recommended drainage: □ Surface Q Culvert Culvert length 1. CONSTRUCTION SPECIFICATIONS (Within Right of-Way) BASE Type . SURFACE CURB TypA CR ROCK Type. Depth Depth 4” Mln» Design 24' SIDEWALK Type-------- Depth 2. TRAFFIC CONTROL REQUIREMENTS PLATE #2 OR //3 AS NEEDED. Date 4/10/95 A.D.T. 520 Right Right 350 + 350 Culvert diameter applicant to call for delivery SHOULDER Type-------- BLVD • DITCH Topsoil. X Depth Depth 3" & seed or sod 3. SPECIAL PROVISIONS ONE 14' MINIMUM, 22* MAXIMUM WIDTH PRIVATE DRIVEWAY RELOCATION PERMITTED AS SKETCHED. APPROACH TO HAVE 5' FLARES AND PROFILE SIMILAR TO DIAGRAM B BELOW. EXISTING DRIVEWAY TO BE OBLITERATED AND THE DITCH RESTORED. DO NOT PLACE CONCRETE ON COUNTY RIGHT-OF-WAY WITHOUT WRITTEN PERMISSION. IF YOU HAVE ANY QUESTIONS, CALL 930-2548. RAV Diagram A IMPORTANT: TYPE CONSTRUCT ROUNDED BERM TO PREVENT WATER FROM RUNNING DOWN DRIVE. Final inspection date. Diagram B IMPORTANT: CONSTRUCT SWALE TO DIVERT WATER FROM ___ ------------------ SHOULDER. I______________Exiifleg Roadway t ^ Shouldar Shouldar Placa culvart in axitting ditch I ... w . Driveway was found to be □ Satisfactory □ Unsatisfactory nspected by___________________________ APPROVED/MPliee HENNEPIN Date DO NOT FILE THIS PERMIT - READ IT! A PERMIT MUST BE IN POSSESSION OF THE’ CONTRACTOR PERFORMING THE WORK. RcO ’JlF.EO TRAFFIC CONTROL SIGNING SHAL ES ON JOS SITE AND PROPERLY PLACED PRIO TO START OF JOE. A DO NOT ALLOW MUD AND DEHRIS TO ACCUMU LATE ON ROADWAY. i.XISTING DRAINAGE SHALL EE .MAINTAINED A ‘ ALL TIMES. I RESTORATION TO EE CONTINUOUS WITH JOB PROGnSSS. .....- .:dt c::.:?leted. CALL PERMIT OFFICE 33O• ZS"^S, ro PRIOR TO STARTING CONSTPiirxinw awn FOR i ^ • *• ‘vi tT^\^. I ■1934 ' ‘ ____________ CITY OF PROMO TCfCC.’^i-KIC SURVSy ?CiR £R. CUKTON C. BERC Dr :;onTHSAST 1/4 of section 6-117-23 « i -cr.le:1" * 50* 5-21-74 14!fcn nt» l*5vcl f pAcpci^ 8ci Cjora c,jl. j ^ 4. t>:2rbc^CK. \ S'/lut* I tt$Lt/ ] *Vo?o l3ai/:>iOe.’^cl I ^'^•D^VcL P/0//V /77/I/ 5'5if59 ^7rC ‘2 70 i i . * CITY OF ORONO SEPTIC SYSTEM APPROVAL CITY of ORONO MonidpiUOafea PulOfncsBoxM CfTiUl Bajr, 553234)066 inrtTTnN. 4080 Bayside Rd. ^,„xrr-r, M^rk KarringtoHOWNER; GENERAL CONTRACTOR:__________ SITE Testing The City of Orono has SEPTIC CONTRACTOR:________________ report DATE; November 19, 1994 Approved your on-sits system design as of February 21 > 1 9_9 5 ________________(date)(approvcd-disapproved) Expansion area for the existing system meets all widi the following comments;.--------------------------------—^ local Codes, State and Local Codes. The future meets most State and Local C but a variance has been granted for a system on 1% to 9% slopes (6X _or less required) . The residence may be enlarged to a maximum five bedrooms LTsiedTa til—^ ns^S^ enclosed. notice to installers : Any chang« .0 U.. w,ov«i «.d spea must have prior approval of tho Inspect-*' t'473-7357). Call for inspections 24 hours m advance, has verined that primary and alternale silts are adequately pro ec e . "r™::ss"forr™r°srs- "e proSng A sice copy will be available at the City Offices for the septic contractor. CITY OP ORONO Stephen V Manager TELETIIONE-473-7357 • fWC-47341510 ".' / f S ^ I ? 5? ?: rv5 i ii w , •C '^- ^ 2 «?ro < A \D I OItn aio> o> Ic u- i oa g f s ^ H -< P V "" M ip i-* 3t c n O’ 0)o;v H-» c Da ft) vQ oc a p rr H* >—» H*rr H* (D U) 2o nO - - ^ -D ?. rt g M 9. 3 “ ... 0-0®^ ® a o 5 ^ fio S 0 o VI J? - ^ h-» * ^O ?r n ° 3S' a Q> D O (ti______ f £? * ?l ?5|- (/•--♦ i/» (/In '\ S i I D O• 0□ k". -/ VJ c V' i * % • ^< • • % * • ' ^ . I« /. *.• .* • • •- * ■ .-. ■ ,.' *, ». • • ■> •», , • * • . .• ** • , .' >» . t . « * -V • * % * . t'' V n&K*.Nffiiv . • ■ 5 .• DMWNKV 95059 » » . •t 4 ■. /•« * n• « « . » * • V • ■ 4 • • • • /. V • • t •* *. . •. • • . -V •■•• ■• • . ‘ .*.* **« * . • I. » • ft f ■; i “ • 1 ^ t ’ . ».• : . » , * t \ ’ * •;r : ‘v.v •r?' t‘ 4 . . . •> nCMC'MCItW tmAWNBY LCCAL DESCRIPTION OF PREMISES: lot 1. Block 1. POPOV ADDITION. This survey intends to show the boundaries of the above described properly, the location of an existing house theron, and the proposed location of a proposed addi tion. It decs not purport to show any other improvements or eiicroachments. 1 0 Iron marker Bearings shown are based upon an assumed datum. MfVISMIK OATI usiMirrKiK mmmmk con i\ & Groxbirc., Inc,I hfn ln lhal lbi» siirvin pfi-|vmHl me nr unJi^r mv i* *a I Nupi^r- \ iM«»n .mit llwl I Jin J du!\ r»‘|^l^U‘rltl C iv»l I nginet r jihI t^mi Surswnr ui^rr Ilk* lau^ 1^1 llie Sl.ile ol Mart S (.rllnU'f^ Miniu*>»aj I neuM* N ui IU ht I27SS 45069 . N A Zoning File #2015 5-31-95 To whom it may concern: I'm writing this letter to satisfy condition #7 as per your notice dated 5-23-95. The existing detached double garage will be moved off site after construction has beei. completed on my new garage. The garage will be needed during construction to park cars and store building materials. u My best estimate of the time the garage will be removed is January 1 199^. With your permission, I intend to keep the slab of the existing garage in place to use for recreation. My daughter will use the slab to play ball and ride her bicycle. Eventually the slab will be removed when the .second phase of construction begins. The second phase will involve removing our old house (less the addition) and building a new house attached to the addition. Sincerely, REQUEST FOR COUNCIL ACTION i/> f %<p ^ f'' DATE; June 6. 1995 ' ' > 0ITEM NO.: K Department Approval: Name Jeanne A. Mabusih Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2017 William Hibbs, 2905 Fagemess Point Road - Resolution Zoning District: LR-IC Total lot area = 10,020 s.f. Additional Exhibit K - Detail on Drive and Apron Description of Application Applicant seeks approval of structural coverage, hardcover, front/st*eet and side setback variances for construction of a 23.5’x44.3 ’ addition. The existing 1‘A story 25’x44.3’addition will be raised and replaced with the proposed 2'A story struchire. Major hardcover reducuom are proposed within the 75-250’ setback area, existing at 49.8’ and propo^ at 31.97 (hardcover decrease of 18%). Structural coverage is reduced by 3.5%. The substandard side setback is improved from the existing 7’ to 8’4" and the street setback at Fagemess Point Road will remain at 23’. The porch and overhead canopy structure to Ae rear at Webb Street side will be removed as well as extensive blacktop paved drive and parking area (refer to Exhibit J). A new driveway access will be relocated at Fagemess Point Road. The City Engineer has asked for a detailed grading plan with the building permit application addressing the following issues; 1. How is drainage from Webb Street to be directed away from property along road right-of-way? 2. Provide detail on changes in elevation with installation of new drive and blackout apron. Shall a retaining wall be installed or will applicant propose a more graduated sloping involving grading within property to the immediate west.^ 3.Designate existing elevations, garage floor elevation and driveway grade. The Citv Engineer has approved the curb cut as proposed. Members considered the issue of moving stmcrnre to the north so that new addition could meet 30’ setback but based on the location of a mamre hackberry tree at the northwest comer of residence and the need to provide Request for Council Action continued page 2 of 2 June 6, 1995 Zoning File #2017 a reasonable connection to portion of principal structure that will remain, members approved the 23 ’ setback from Fagemess Point Road. The Planning Commission recommended unanimous approval of the variance application as proposed. The enclosed approval resolution has been drafted per the findings and condition of the Planning Commission recommendation. COUNCIL ACTION REQUESTED: To either approve or amend the enclosed resolution. A RESOLUTION GRANTLNG VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (Q; 10.22, SUBDIVISION 2; AND 10.25, SUBDIVISION 6 (B) FILE #2017 WHEREAS, William A. Hibbs (hereinafter "the applicant") is owner of the property located at 1905 Fagemess Point Road within the City of Orono (hereinafter "City") and legally described as follows: That part of Lot 17, Fagemess, described as follows: Commencing at the Northwest comer of Lot 17; thence East on the North line of said Lot 17, distant 93.0 feet for a place of beginning; thence angle right 55 degrees distant 147 4 feet intersecting a point on the Southeasterly line of said Lot 17 distant 26.8 feet Northeasterly from the Southeasterly comer of said Lot 17; thence Northeasterly on the Southeasterly line of said Lot 17 distant 129.2 feet more or less to the Northeast comer of said Lot 17; thence West on the North line of said Lot 17, distant 157 feet to the place of beginning, Hennepin County, Minnesota (hereinafter "the property ); and WHEREAS, the applicant has applied to the City for variances to permit construction of a 23.5 ’x44.3 ’ addition to the west side of the existing residence and the raising of the existing 25 ’x44.3 ’ addition seeking approval of variances to the following sections of the Municipal Zoning Code; (a) Section 10.03, Subdivision 14 (C) strucmral coverage vanance Existing = 2,651 s.f. or 26.5% Proposed = 2,308 s.f. or 23% Variance = 805 s.f. or 8.03% (Existing = 1,148 s.f. or 11.45%) (b) Section 10.22, Subdivision 2 hardcover variance in the 75-250 ’ setback area. Existing = 4,738 s.f. or 49.87% Proposed = 3,037 s.f. or 31.97% Variance = 662 s.f. or 6.97% Hardcover decrease = 1,701 s.f. or 18%. Page 1 of 7 Minnesota: 2. 3. Section 10.25, Subdivision 6 (B) side and front/street setback variances. 1) Street setback Existing = 23’ Proposed = 23’ Variance = 7’ or 23.3% West side setback Required = 10’ Existing = 7’ Proposed = 8 ’4" Variance = I’S" or 18% NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2017. The property is located in the LR-IC, Lakeshore Residential Zoning District requiring 21,780 s.f. or '/i acre in area. The subject property consists of 10,020 s.f, or .23 acres. The Orono Planning Commission reviewed this application on May 15,1995, aM recommended approval of the variances as proposed based upon the following unique findings and hardships: A. The lot is triangular shaped and surrounded by public roads on two sides, B.There are no adjacent lands immediately adjacent to the subject property for applicant to acquire. C.Proposed improvement will result in major decrease in hardcover in the 75-250’ setback area - proposed hardcover reduction 1,701 s.f. or 18%. D. Structural coverage will be reduced by 343 s.f. or 3.5%. Page 2 of 7 E. F. 4. Proposed addition will be located 1.4" further from west side lot line. The existing structure exists at T and the new structure will be located 8’4" from the side lot line. The City Engineer has approved the location of the new curb cut located at Fagemess Point Road. The City Council finds that the conditions existing on this property are peculiar to it and do not applv generally to other property in this zoning distnct; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely c^rve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial pro^i^ right of the applicant; and would be in keeping with the spirit and mtent of the Zoning Code and Comprehensive Plan of the City. 5 The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code SecUons listed above to permit construcuon of a 23 5'x44 3’ addition to the west side of the existing residence subject to the following conditions: 1. 2. All hardcover improvements scheduled for removal as shown on Page 7 of this resolution must be completed prior to the footing inspection for new construction. Applicant shall be allowed to retain blacktop area at the northwest corner of property for the use of construction vehicles and the storage of matenals dur.mg the construction. Blacktop area must be removed prior to the issuance of a certificate of occupancy for the new construction. Applicant shall obtain a demolition permit prior to the removal of the 25 ’x44.3’ addition. Page 3 of 7 3. 5. 6. A. Applicant to provide an updated survey locating new construction, driveway and curb cut to be submitted with building pemaii application. 4. Upon application for building permit applicant shall provide a grading/drainage plan that will address the following; How shall drainage from Webb Street be directed away from property and along road right-of-way? B. Detail on driveway installation addressing use of retaining walls or if western property owner allows grading to extend within property that owner provide written approval which applicant shall submit with the building permit application. C. Provide existing elevations, proposed garage floor elevation and driveway grades. Authorities granted by this variance run with the property not with the applic^t, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 12, 1996). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7 The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heiK. successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 7 Adopted by the Orono City Council on this 12th day of June, 1995 ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of____, 199 _before me a Notary Public within and for said county, personally appeared__________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of , 199 before me a Notary Public within and for sa^pcounty, personally appeared__________________________________________ known to me to be the person(s) described in and who executed the foregoing instruftient.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of___, 199 before me a Notary Public within and for said county, personally appeared__________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 7 >% o o *■% V»% > <% • <k • ^ :<iio %• —©to* • .1 li‘1 1^1 \- i teinSiSWiW I mm -4 % . . -jm To:Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator From:Jeanne A. Mabusth, Budding & Zoning Administrator Date:May 10, 1995 Subject: #2017 William Hibbs, 1905 Fagemess Point Road - Variances - Public Hearing Pertinent Ordinances 1.Section 10.03, Subdivision 14 (C) - Review of structural coverage. Total lot area = 10,020 s.f. Allowed = 1,503 s.f. or 15% Existing = 2,651 s.f. or 26.45% Proposed = 2,308 s.f. or 23% Variance = 805 s.f. or 8.03% (Existing = 1,148 s.f. or 11.45%) Structural decrease = 343 s.f. or 3.45% 2. Section 10.22, Subdivision 2 - Hardcover inventory, 0-75’ setback area = 520 s.f. Existing = 0% 75-250’ setback area = 9,500 s.f. Allpwed = 2.375 s.f. or 25% Existing = 4,738 s.f. or 49.87% Proposed — 3,037 s.f. or 31.97% Variance = 662 s.f. or 6.97% Hardcover decrease = 1,701 s.f. or 18% 3. Section 10.25, Subdivision 6 (B) - Setback variances A.Street setback Required = 30 ’ Existing = 23 ’ (at Fagemess Point Road) 20’ (at Webb Street) Proposed = 23 ’ (at Fagemess Point Road) 33 ’ (at Webb Street) Variance = 7’ or 23.3 ’ B.Side setback Required = 10’ Existing = 7’ Proposed = 8’ 4" Variance = 1’ 6" or 16% Zoning File #2017 May 10. 1995 Page 2 4. C. Side street setback - refer to Definition 39 below Required = 15’ Existing = 20’ Proposed = 33’ No variance required. Section 10.02, Definition 39 - Lot Line Front.... in the case of a corner lot it should be the shortest dimension on a public street. Fagemess Point Road - 140 ’ (front lot line) Webb Street - 157’ List of Exhibits A - Application B - Plat Map C - Propeny Owners ’ List D - Front Elevation E - Rear Elevation F-1-2 Hardcover Inventory G - Gustafson Report 5/8/95 H - Former Survey Designating Elevation I - Current Survey J - Proposed Site Plan Description of Request Applicant proposes razing the 25’ x 44.3 ’ existing V/i story addition and the reconstruction of 2'/i story 23.5’ x44.3 ’ addition within the approximate footprint. The existmg porch and overhead canopy area to rear or Webb Street side will be removed as well as the extensive blacktop paved drive and parking area. A new driveway will be installed at Fagemess Point Road. The applicant also proposes the removal of certain landscape timbers and decorative landscape rock with plastic underliner. Refer to Exhibit E, the height shall be determined from the highest elevation at 949 at the northwest comer of the residence. The structure will not require a height variance. The property is not subject to an average lakeshore setback standard as it is not a lakeshore lot. There is a 3.45% reduction in structural coverage on the lot where an excess of 11.5% exists There is a dramatic decrease in hardcover in the 75-250’ setback area shown at 1,701 s.f. or 18%. The new addition will result in slightly improved side and street setbacks (Webb Street) from the original structure. The City has received no comments from the adjacent neighbors notified of the variance application. 2. Zoning File #2017 May 10, 1995 Page 3 Refer to Exhibit G, the Engineer finds the proposal to be feasible and the new curb cut at Facemess Point Road that has been approved. Gustafson asks for specific detail with the grading and drainage plans to be submitted with the new construction plan as follows. 1. Applicant to show how drainage from Webb Street is to be directed away from the property and along the road right-of-way - curbing, berming?.^ Upon your inspection, review the topography/elevations along the west side lot line where new garage will be installed. 11 there is to be a cut in that area, a 2-3 retaining wall will be required to the west side of the drive. If applicant is able to obtain western property owner's permission, grading can be more gradually sloped at west side lot line not requiring retaining wall. 3. Applicant ’s grading plan to reflect existing elevations, garage floor elevations and driveway grade. Description of Unusual Findings or Hardships Review Exhibit A. Applicant notes the following: 1. The unusual triangular shape of the lot that is surrounded by roadway on two sides and the topography place special restrictions on construction. 2. The house was constructed prior to current setback standards. 3. Major hardcover decreases are proposed within the 75-250’ setback area and a structural coverage decrease will also be realized. 4. The new addition will result in improved side setbacks. Issues for Consideration 1. Are the physical hardships valid? 2. 3. Is the proposal too ambitious for the site ... in consideration of the existing improvements? In the LR-IC zoning district the side street setback is 15’, should the structure be moved 7 ’ to the northwest in order to meet the 30’ street setback at Eagerness Point Road? What of the impact on the higher elevations? 4. Other issues raised by Planning Commission members, Zoning File #2017 May 10, 1995 Page 4 Options of Action To either deny, approve or amend the improvement plan. Any condition of approval must include the following conditions: 1. All hardcover improvements scheduled for removal must be completed prior to the footing inspection for the new construction. Applicant may be allowed to retain blacktop area at the northwest comer of property for construction vehicles entering site during construction. Blacktop area must be removed prior to the issuance of a Certificate of Occupancy for the new construction or applicant will not be able to reside in residence during the reconstruction. 2. Applicant’s grading/drainage plan submitted with building permit application must address the issues raised in the Engineer’s report dated May 8, 1995 3 . Applicant to provide an updated survey locating new addition and driveway to be submitted with building permit application. Jol^ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $200.00 ($50.00 per each additic’'^! variance) Renewal Variance Fee $100.Oo (no change from original application) ^ Variance for non-conforming structures $^00.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address________/9o5' - -----— Property Identification Number (P.I.D.)______/7-//7 ^ Attach legal description to application if not included on required survey. Date Property Acquired »7/? CITY OF ORO^IQ FlR^RCE OFFICE S W'vw OEH... ... i‘J. Ci.M li. w* ^ • V OEK Ti 250.; RECEIPT-JHM YCil H333690 cool iiOl Tl- 04/2. (month/year) L/aic —----------------------------———- - I (do) (do not) also own the adjacent parcels of land. Present use of property: X residential -----other (specify). Zoning District:_--------------------------------------------------- APPLICANT Name //^S8s.-------—_—- Address: />/■ ... L‘ty: Phone (home) Phone(work)_ V7/-97/7 9J?^'^o'7c> Zip: OWNER (if different than a^licant) Name____— Phone(home) Phone (work) Address:Citv:Zip:, description of request Estimated Constructionist $ ----- Describe request in detail: ^ /A/ f/<//arv/etttf .7 rrt^ ^—rrr (tififf n iidkion^ sheets if nece^sai^SXe^j variances required Lx)t Area _ Setback: ___Lot Width Front Side ^ Hardcover Rear Lot Coverage Average Lakeshore Other (specify) compliance with Zoning Code requirements: At /if‘fac(e^oe/e^ g -y___________—------------------------------------------------ (attach additional sheets if necessary) f ' 4 REQUIRED SUBMITTALS ... „r.H. r.Mn>vin. ■•■,for„...ion mus. be.sutouw »h^ »PP»cati<>" 9fd^t for vour application to be cnnsidered completei 1. 2. 3. 4. g STprX“ownrrTi« of owners 150^ frou mu^ obu^ ^ list from ^ Hennepin Countv Department of Finance, A-603, Govt C-nter, 348-3271). calculations as required. In addition, provide one (1) copy 8^ x 11 for 5. 6. 7. 8. 9. are proposed, in aaauioii, ^iiuvnaw v , r- qia " y ii"1 Sketches or plans of floor & elevation views (provide one (1) copy 8 A x 11 ). ^ LUt of ^riegal names (include marital status) of all persons w.th an mterest in the oroperty TWs would include name(s) of applicanl(s) if not current ownerfs). ATanTddendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Annlicant and Property Owner must sign this application. Please remember ^ jaai fonlication is not complflf if the Hbovg inforniafioh has "Ot bWW incltidsd. tere^^Mr^*m provide all information required or requested by the Zoning SF=” information supplied is true __________ Date ‘^-/9'9^.Applicant’s Signature S“Sy Sodges and agrees to this applicati^ and further reaso^ble entry onto the property by City staff, consultants, apnts, Comtntsston members, members for purposes of ijyfesti^^and verificatton of thts request. Date y9'/9'9^Owner’s Signature ' " m tave “"tthoSed W attend in your place and to advise the Buildmg & Zonmg Office of this change prior to the meeting. 8 ' . .■ .V- • '•.- •:>;^r%..\: - ■ *? fuy«r^ (U^ f—V ^ s rz-T' '<r, t.^ % t^QI 49 V 8 •V- '’4> 1» ■ 2 ♦ •7^ ’95 5 ^ • a:)149 4;4* k .'(I) ^ <») P7m •• • ^/n ____________ty. 4 /// //y///xvyXr T175 7 AC 5-t9-55 AuO^ 43:V ri7i:«3 (21) TT 65. I .5) (!5) <■' « 'S ^ (7)V \10V5 ( 13 t5 (6) Afsh* , % > 1 ,, v» I ^ ' '* (la) (31) MC> \S(I6) V-] J4 \ .N 1!6VJ - \ v> >(K0\/ ^>vV? “^3 «St9AS9SON'S SUffUMW TO S?!tmC PARK" __^ (30) 9^•5TT •0. m in 6 “5; » • •.•••y'\ 49 lUO 7 . 0RUN DATE OS/lt/95BATCH 505PROP AOOR OWNER NAHE TAXPAYER KAME/AOOR PROP AOOR OWNER NAME TAXPAYER HAME/ADOR PROP AOOR OWNER NAME TAXPAYER NAME/AOOR PROP AOOR OWNER NAHE TAXPAYER KAME/AOOR 58 17-X17-25 25 000500058 AOORESS UNASSI6NE0 D P a P J RAOEMACHER DONALD a PATTI RAOEMACHER 1857 EAGERNESS PT RO NAYZATA MN 55591 58 17-117-25 25 0009 01915 EAGERNESS POINT RO B E LACK a S L LACK BRIAN E a SHEILA A LACK 1915 EAGERNESS POINT RO HAYZATA MN 55591 58 17-117-25 25 0020 01857 EAGERNESS POINT RO DONALD P RAOEMACHER ET AL DONALD a PATTI RAOEMACHER 1857 EAGERNESS POINT RO HAYZATA MN 55591 58 17-117-25 25 0051 01920 EAGERNESS POINT RO BRUCE a CAMILLE CURTISS BRUCE a CAMILLE CURTISS 1920 EAGERNESS POINT RO HAYZATA MN 55591 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM^ PROPERTY OWNERS LIST r REPORT NO. PI455401 PAGE 9 * y ‘58 17-117-25 25 000700058 ADDRESS UNASSIGNEO LLOYD H DRAPER LLOYD H DRAPER 6015 GIRARD AVE SO MPLS MN 55619 V sa 17-117-23 23 0008 01905 FA6ERNESS POINT RD NZLLXAH A HX88S MXUXAM A HX83S 1905 FA6ERNESS POINT RO NAYZATA m 55391 V*"' f 4 ^ i V ' IV. if * ■ . ‘I ■ "i; - *v. 58 17-117-25 25 0010 01921 EAGERNESS POINT RO 0 L PETERSON a E M PETERSON DARRYL L PETERSON 1921 FAGERNESS POINT RO S HAYZATA MN 55591 58 17-117-25 25 0016 01926 FAGERNESS POINT RO G H HALSH a n S HALSH GREGORY H a MICHELLE S HALSH 1926 FAGERNESS POINT RO HAYZATA MN 55591 .'.-t a*:' . • .v-t. ■ ‘ • %»• < * 58 17-117-25 25 0021 01669 FAGERNESS POINT RD T N SHUMAN A S L SHUMAN THOMAS N a STACY L SHUMAN 1869 FAGERNESS POINT pO NAYZATA MN 55591 iV' ‘I. 58 17-117-25 25 0022 01890 CONCORDIA ST ROGER COOK ETAL CAROL COOK 1890 CONCORDIA ST HAYZATA MN 55591 r- 4’-r-' .A • 4 **. % . !• * . * • • t f * . Sr: '-SVrl-'-, VI TOTAL BATCH 503 00010 \ • - ' - ^ -ii' N •' X CERTXFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATXON OF XNFORMATXON AS XT APPEARS THXS DATE ON THE RECORDS OF THE HENNEPXN COUNTY OEPARTNENT OF PROPERTY TAXATION* TO THE BEST OF MY KNOWLEDGE AND BELXEF. , , DATE > i-ii.’ ■■ Xr'X* .»»(j. t.;. ...'A •, ' i/v # S 01 % ■ '*‘V- vv ■ * * • *' . It-/ •. . ‘ ;• ' v>' .* .jV f > •- • ^ t • V • * : ••• •• ^ . •:-* I I* . f \ MU I • I '-I » ••». • # V i> • I V4*'}** ••/■i ,. ^ *•’ O/q <9 ’♦ f .••• • .»; . • •*. ,• »•• •• . . . I't** • ». •• * •• *• .I- V|^ ' • • ■. i • ,, . V:/v i-5.|u»-V; A ',"• • u ‘'. • ‘' • • :■•• ^ : ■ .* • i-' ’, •' •«. M ^ • i A ** ^ k' i. ;. • > I .1^:^ i *• •». •;. • . J ^ ^ i* • ; • * . .* I. . ‘ f -------------------------— • ■ __1 __1 ■■ •'• » '••• . * I * • ’•s;: «• rr=^. •9^ -57-:rri %;f' =! 1^'?!^:;=:^__1 9^' 1. : \L • te...-; • •• R- •a>** ?•^>4 '• ^ •••'.'! Hfr-. ' J • • ./ • ‘Tv • ».- «.*. •• •' .. •••,..» ■’ w Jl'Mvr/ 1 I ..*• I • ' • i< . • W_ V. *1' *i. ■• ..»■■ : ■■*■■'• •’* • ••••^«»> ^ “ V— f • V- • •• • • ’• . I- • • • . M .A • % I* / \5^J9ds ^ V*** • * . <* mm^ f.: t •m’''?*'■'i';‘t^t.‘ • I-*'- "-'riV'-s , V ( - •^. -^v • -r :r• r’*. *4 r 5y5?i'- ■ . ' '••v:d^|'’’ .. .. .-»V* * *' *' *5'- - • '4 *: . -J • • •• VC;';^Cn^:- .........—’‘: |}p« rr?:#.'Sfii®'lH!R« f.• %•«»• f' •• •I • ‘ 14 = ■ ! ‘T % i5.'» ■*}i* j' .•' ^ ‘B.-.-tj'-i.:i.,._.^t^ay^r w-47» jsTfivrti ■ ' rr?;y‘- •'-----, - ,. . v jV>; ., ..^.'j *^> •' ti‘"T • ; . ‘ i'4' ■'/ < 8:'^\ > -f'•;•;• l ir ;. :ifl •*II*. r 0 I • •• V*.- I •t r i<• -.1 ;i ■ # r? * ii "K(9HARDCOVEHr^^ALCULAllOiN VVUKK:>iJ±.h) SETBACK ZONE: (CIRCLE ONE) 75-250 25-5')0 t )**A.House X •i¥ ^ * ..•r#» ►ir ’*F* Length X 1 X X B.Garaee X t.p m: 1 f/» C.Driveway X • • « *X 1 D.Sidewalk .X .X E. • » » Paiio/Deck .X ft ii •X c.t F.Landscaoe X ;Underlain X •I' ‘’•l Bv Plastic X • F Or Fabric • G.Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -r B proposed hardcover in zone A. House __________ .. * Lenjih X X X B. Garage C. Driveway D. Sidewalk E. Patio/Dcck Landscape Underlain By Plastic Or Fabric G. Other X X X X X X X X X total hardcover in zone total “PROPERTY AREA IN ZONE •r B A________________ . -V / SOO-IOOO’ r ^ s \T Width ^s.r. __S.F. S.F! I i »• • •• • • ___S F. S.FCfZZ~*i — « ! ■■“■'Hi S20 Z S.F. t S.F. S.F. A D X 100 •% Width S F. S.F. S.F. S.F, S.F. S.F. S.F. S F. S.F. S.F. S.F. S.F. S.F. S.F. • •z X 100 - S.F.• S.F. S.F. r. A D ' 14 • • ¥0 "iro ■ harucovl :! SETBACK ZONE: (CIRCLE ONE) 0-75’ UU n » u > COVliK CALCULAUUit-iM ,NE) 0.7S- C 75-2S0-J)75-250’ ) 25-5 0’ EXISTING HARDCQVTT^ IN ZONE A. House CAf.9r-f _______ Tit W**t-LS . S^BO Z^'Ol l</(? Tit B. Garage C. Driveway C onc »^5TE D. Sidewalk length too I• • i, •ir. I I. !•• a' ■f SI J.I / ■J- ' r. 9. !ii .j Oi •i! m 1 .4 X X X WiJlh .6^ \ n X X E. Patio/Dcck -> 9Ai\o V F. Landscape Underlain By Plastic Or Fabric • G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 4738 - ^ . PROPOSED HARDCOVER IN ZONE A. House ______________ * ^ SO O X 100 Length Width B. Garage C. Driveway D. Sidewalk E. Paiio/Dcck F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X X G. Other ?*’ P5 TOTAL HARDCOVER IN ZONE total property area in zonz A - - - - —- - - X 100 - • •• 14 SUU-IOHU' ZO/Z St- IS" 1463 . F. S.F. S.F. ■ S.F. . S F. s F. ’ S.F. •s.r. " S.F. 639 4 so _ S.F. _ '' ’■ _ S F . S.F \D S.F 4/28 • •• s I- f S_O Ojt_ S F 4 ‘K & 7 •y S.F. S.F. S.F. S.F. S.F. 7/9 S.F. S.F. S.F. S.F. S.F. ■ S.I-. S.F. S.F. S.F. lO S.F. S.r. S.F. A n A U ^ I Bonestroo Rosene AnderlikiSi |\]| Associates Engineers & Architects Mr.t *, f •• n ^ N #• ,V • • . . . Mav 8, 1995 * • f ^ S‘» V »•« •% '• ••♦•I!** ■• • *• -•• ^ • • •• *•* .•*■ IV * •*«. • % <9‘, • A ' •* .*.• • ff! ^ ... . *• * ' ' *• I ’ . « V • • • • • »• 'A • • • • • *' i*» 1 ' •. •• **. j •r • . *% » 'll**., V, -n A i H W ^-* .*« t. ■ •• A A i •’Q , M «». ^ it* St 1*^•; T ”* • .1 • •/ • r v.v * ** ' • ••• <■ •' '. A’.WM • • •• • . J . ^ ^ r... «•••¥* ». , . 1 . .•• • • • • ?•••>} J.*# .•*•♦ ^ ••• • •• • .1 r** ^ .**f •• ••; V M.-* *. S9 C* •• • % A ♦*#.«••• f ^ •• f* V C » *• A- . V r Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 Ctystal Bay, Minnesota 55323 Re: William Hibbs Residence File No. 139-2017 Dear Jeanne. We have inspected the property at 1905 Fagerness Point Road owned by William Hibbs. The proposal to rebuild the existing structure, remove the rear driveway and add a new driveway from Eagerness Point Road appears feasible from an engineering standpoint There are several details which will need to be resolved during construction such as the following: How will the drainage from Webb Street be directed away from the property? Will the grading along the westerly lot line blend into the existing slopes without a retaining wall? • What will the new driveway grade be to meet the garage floor (elevation unknown)? Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. JL.ftdUk/yi Shawn D. Gustafson. P.E. 2335 West Hlahwav 36 ■ St. Paul MM i i f>r - ^ \. L/ S<k. ^ A c M />■ - —/^7.CO f .. webev?",^ - , — — I .1 M ■ ^3.- LEGAL DESCRIPTION I f // : ^.................:■ ■■ //■ ■ That part of Lot 17, Fagernes^ described as follows; Commencing at the Northwest corner of Lot 17; thence Fa«^ nn hh» North line of said Lot 17, distant 93 0 feet fr«T- a i thence angle right 55^ distair?47 .4 ^ee^^Jntfrsectii^a toinl^oTthV Southeasterly line of said Lot 17 distant 26.8 feet Northeasterly from the Southeasterly corner of said Lot 17, thence Northeasterly on^the Southeasterly line of said Lot 17 distant 129.2 feet more or^less^to. thence West on the North line of sdid Lot 17, distant 157.0 feet to the place of beginning. o o X 000.0 ( 000.0 ) \ Denotes iron mon’..ment Denotes offset stake Denotes existing elev. Denotes Proposed elev. Denotes surface drainage Proposed garage floor elev.* Proposed lowest floor elev. • Proposed top of foundation elev. *■ BENCH MARK: i t w . •h.a* .L.;. 0 m •»..4 .......ITTIa tl.* A y ^ ( w> ; ••. V> r / % '■ ir 7 S', Ilf .5-? V- • % V, /C, %\\ •%. • . ‘ *- \r^ : ^ % rw#- W 'SI^ © •• .pr ''>». ^. -.: A-. v*,*^ < m •J\v',-'V ’'<l-.. •' :• - V -V»• . •*> “ “ . >^ - • V ^ V‘ir? ,.v. .'•t-'*^ m • <• • '''a''V •• ■ ■• *« "C ^ " 'v V *v ,1f 1 ^•"r-■; ' Icr V . .e - V Kn 1'^ § n I ^ >.' * t ■' . ■m tVv 'V K\^ ' <L > 'VJ y.*\:^ N)S> JV II IJX \ / • \ r r m ( ( ( r ( ( ) REQUEST FOR COUNCIL ACTION ^ DATE: Ma^31,*l995 ITEM NO.: ^ ’ Department Approval: Name Jeanne A. Mabusih Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning "S' Item Description: #2018 Richard Bom, 1991 Fagemess Point Road - Conditional Use Permit/Variances - Resolution Additional Exhibits J - DNR Permit #95-6168 Brief Review of Application A permanent dock has existed on this property prior to 1970 (review Exhibit F). As of January 1979, the Code was amended classifying permanent docks as a conditional use. Mr. Bora has reconstructed the original dock to its present configuration, review Exhibit G. Bom now proposes the installation of additional dock sections as shown on the same exhibit. The DNR has issued a permit for the permanent dock (Permit #95-6168), review Exhibit J. The applicant was also advised to contact the LMCD to determine if a permit is required for the permanent dock. The Planning Commission recommended unanimous approval of the conditional use permit to allow the installation of additional dock sections as proposed on Exhibit G, subject to the conditions set forth in the DNR permit and approval of the LMCD. COUNCIL ACTION REQUESTED: To either amend or adopt the enclosed approval resolution. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MU’NTCIPAL ZONING CODE SECTION 10.55, SUBDIVISION 9 (B-3) file NO. 2018 WHEREAS, Richard A. Bom (hereinafter the "applicant") is the propcrt>’ located at 1991 Eagerness Point Road within the City of Orono (hereinafter "City ) and legally described as: refer to Exhibit A attached (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a conditional use Permit to permit expansion of a permanent dock per Municipal Zoning Code Section 10.55, Subdivision 9 (B-3). NOW, THEREFORE, BE IT RESOLVED by the City CouncU of Orono, Minnesota: 1. 2. 3. FINDINGS This application was reviewed as Zoning File #2018. The property is located in the LR-IC Lakeshore Residential Zoning District. On May 15, 1995 the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: a. The structure will have no adverse effect on the capacity of the floodway of Lake Minnetonka nor will it increase the flood height. b. The DNR has issued a permit for the proposed expansion of the permanent dock on May 2, 1995. Page 1 of 4 c.The proposed dock nor the dock ’s location will have no negative impact on the surrounding residential properties. d. A permanent dock has existed on this property prior to 1970. 4. The City Council fmds that granting a conditional use permit to allow the expansion of the existing permanent dock will nut be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the abo'/c findings, the Orono City Cou^il hereby grants a conditional use permit per Municipal Zomng Code Section 10.55, SuMivision 9 (B-3) to permit the expansion of the existing permanent dock, subject to the following conditions: 1. Applicant to comply with all conditions of the DNR permit. 2 Upon application for a building permit for the permanent dock, applicant shall provide confirmation from the LMCD that either a permit is not necessary or that a permit has been granted. 3 Authorities granted by this resolution run with the property not with the applicMt but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (June 12, 1996). Page 2 of 4 4.Violation of or non-compliance with any of the terms and condiii* ns of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate anv authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property . Adopted by the Orono City Council on this 12th day of June, 1995 ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 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 instrument was executed on behalf of the City. Notary' Public Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said cour^ , personally appeared _____________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 4 of 4 Resolution No. EXHIBIT A I hereby certify lliat Uj' s is a true ami correct represenialion of a survey of the boundaries of tlie follov/ing described property: Lot 26, fAGEnilESS. except tliat part tliereof described as follows: Commencing at a point in tlie Soutlierly line of Lot 2. rAGERNESS. extended Southeasterly which point is 50 feet from the most Southerly corner of said Lot 2; thence angle right 65 degrees A6 minutes a distatice of 77.66 feet; thence angle right 90 dear ees in a straigir line a dista. ce of 69.6 feet to the pouit of intersection witli the Southwesterly line of said Lot 1, winch point is the actual point of beginning; thence continuing^ on said same straight line to the shore of Lake Minnetonka; thence Northerly a.' g said sliore to its intersection with the Southerly line of Lot 1, FAGERNESS; th..ice So u the a s t c r I y alomi tlie Soutliorly line of Lot 1 to the point of beginning. Also, that part of Lot 1. rAGtiniESS. described as follows: Commencing at a point in the Soutlicriy line of Let 2 extended Southeasterly whicli point is 50 feet from tlie most Sontlierly roiimr of said lot 2; thence angle right 05 degrees 40 minutes a distance of 77.00 feet to the actual point of beginning, said 77.00 foot line being hereinafter callml line A; thence angle right 90 degrees a distance of 69.6 loot to the point of intersection with the Southwesterly line of said Lot 1; thence Southeasterly along sai<l Southwesterly line a distance of 100.28 feet, more or loss, to the shore line nf lake Minnetonka; thence Northerly along said shore line to a line drawn at right angles to line A from the point of beginning; thence Westerly 25 feet, more nr less, to the point of beginning. and of the location of aU buildings, if any show any other improvements or encroachments thereon. It does not purport to fII TO:Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Jeanne A. Mabusih, BuUding & Zoning Administrator DATE:May 4, 1995 SUBJECT: /l^2018 Richard Bom. 1991 Fagemess Point Road - Conditional Use Permit - Public Hearing Pertiiieot Ordinance: Sectioi. 10.55, Subd. 9 (B-3) - All pcmiment boat docks require conditional use permits List of E.\hibits A - Application B - Plat Map C - Property Owners List D - DNR Request for Review and Comment E - DNR Permit Application F - Former Permanent Dock G Current Dock/Proposed Dock H - Photos of Former Dock 1 - Survey/Location of Proposed Dock Description of Request A pemianent dock was installed on this propeii.',’ prior to 1970. Basic layout of the former dock can be viewed on E.xhibit F. In January of 1979 the City adopted the Floodplain and Wetland Management Ordinance. The ordinance classified permanent docks as a conditional use. The current owner has reconstiucted the original dock to its present configuration, review Exhibit G. Mr. Bom now proposes the installation of additional dock sections as shown on the proposed constmetion plan (Exhibit G). Section 10.55, Subd. 11 (A), Standards for floodway and flood fringe conditional use penmts states, "No structure (temporary or permanent) allowed as conditional use permits which acting alone or in combination with existing or reasonably anticipated fumre uses, adversely affect the capacity of the floodway or increases Hood height." This structure will have no impact on the floodway of L ’'e Minnetonka nor will it increase the flood height of the lake. Review Exhibit I, the 40’+ length dock wili meet the required side setback from the extended side lot line into the lake shown at 40’. In reviewing the distribution list of the DNR permit, it appears that the 1.MCD has not been notified. Staff has reconunended to the applicant that he submit his information to the LMCD to detemiine if a pcimit is necessary. As we ^e dealing with a permanent dock, it may be necessary to certify tlie setback to the extended side Zoning File #2018 May 4, 1995 Paee 2 lot line. The setback matter is not an issue for the City of Orono. The City need only have confi.-mation that both the DNR and the L.V1CD wUI approve the pennanent dock as proposed. Staff Recommendation To approve the conditional use permit for Richard A. Bom to allow the installation of additional P' rmanent dock sections at the property located at 1991 Fagemess Point Road, subject to applicant providing confirmation of the issuance of a DNR permit and approval or permit from the LMCD for the expansion of the permanent dock. CITY OF ORONO - fi general land use application 'A' Phone (hornt)^!^ 'Hlf-Q APPLIC*\NT Phone rwnrkVW Z - v Name —— --------— Zip SS‘S«^_J__ OWTSTR (if different than applicant) *---------- ,v-C-______________.Name Phone (home) Phone (work) Address Ciuv Zip. DaiePropeny Acquired. ^/-} 3------------:., „f i,;;T 1 (do) (do not) also own the adjacent parcels of land. ■ “sT«“ "SS» .» =»r •»“ ________ ___:«i a\/-^^»ccnrv TTcp$125.(X) Residential Accessory Use ^ S200.00 Institutional (church, school, etc.) 5175.00 Guest House/Guest Apartments 5150.00 Dup.ex Credit/Bldg $250.00 Commercial/Industrial Use -----$200.00 ^ designated wedand or floodplam ■------Ciradinc and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75 ’ of lakeshore PRD/PID - see Fee Schedule $100 00 Renewal Fee (no change from ongi^ application) After-the-Fact Fee - Double Current AppUcation Fee OTHER '^^“‘3o™^ercial Site Plan Review (+ consultant fees) $250.00 Vacation $175.00 Easement Vacationil/O.W taacmtm. . . ~ $ 75 00 Easement Vacation V# ith Subdivision " $300.00 Rezoning (PUD - refer to fee schedule) ” $300.00 Comprehensive Plan Amendment ” $100.00 Appeals " Other - see Fee Schedule present use of property Present Zoning District Present Use of Property Residential Other (specify). (month/year) CIT’’ i.r V 2 a-w • 71 \ • - i •• .•Tij MU-l-i-.l . . .4 rJJJcoi) wvt^l im • / 9 - 7 - ^ ? V"/ Oao / REQUMD SUBMITTALS 1. 2. © 6. 7. 8. 9. 10. _ Completed Application Form. ^ List of owners wito^Cvou can objam >Ws >is. from Hennepin County Department of Finance, A-603, Government Center, 348-3271). 2: Cenincate of Sursey (signed by a licensed surseyor) - refer to handout for survey v/ description to application if not included on requ^ survey. Topographic sur\ey (existing and proposed contours) if land alterations involve Lbt"o”th” 'Mar^raef allude marital samsf of all persons with an interest in the propertv This would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). — AsTn^d^dum to this^plication. please attach a separate list of any other persons vou wish notified of this application. YOU ARE required TO SLTPLY 30 COPIES ()F FOR reproduction (11" ^ 17" OR SMALLER) FOR ALL DOCLTVIEaNTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to e submitted.) The Applicant and Property Owner must sign this application. Please remember that your applicaLn is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff;___________________________ Date----------------------------------— ^J^'’applit^ hereS^at^^o provide all information required or AHminkrntnr aorees to pay additional fees (staff time not covered by onginal fee payment) Md/or unusual expenses incurred in review of this application, and certifies that the infotmation supplied is true and correct to the best of his/her knowledge. Applicant’s signamre_______________________________ OWNER’S SIGNATURE Date 9 GOVT LO c tn24 . V-5-- i % H STOpm SEV^F*’ ‘STRICT OTJ'^W HENNEPIN COUNTY, MINNESOTA riiREAII of public service RUN DATE 05/04/95•*.ME»#«P1H COUNTY PROPERTY INFORMATION SYSTEM .PROPERTY 0»«RS LIST REPORT NO. PI4S540I PAGE 10BATCH 504PROP AOOR CMNER NAME TAXPAYER NANE/AOOR 38 18-117-23 14 000201989 EAGERNESS POINT RO NARY H MCGOVERN MARY M MCGOVERN 1989 EAGERNESS PT RO NAYZATA MN 55391 38 18-117-23 14 000301987 EAGERNESS POINT RO LAE SANDERSON LEE 8 A EUNICE M SANDERSON 1987 EAGERNESS POINT RD NAYZATA MN 55391 38 18-117-23 14 0004 01985 EAGERNESS POINT RO A I OPHEIM A M V OPHEIM ALAN I OPHEIM 1985 EAGERNESS POINT RO NAYZATA MN 55391PROP AOOR 0I8CR NAME TAXPAYER NAME/ADOR 38 18-117-23 14 000501981 EAGERNESS POINT RO CHARLES M CHRISTIANSEN ET AL CHARLES A EDITH CHRISTIANSEN 1981 EAGERNESS POINT RO NAYZATA MN 55391 38 18-117-23 41 0001 01991 EAGERNESS POINT RO RICHARD A BORN RICHARD BORN 1991 EAGERNESS POINT RO NAYZATA m 55391 TOTAL BATCH 504 0050S ' . • I 1 CERTIFY THAT THE FACTS REPRESENTED ARE AM ACCURATE AND TRIS REPRESENTAnON OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO THE BEST OF HY KNONLEDGE AND BELIEF. ^ . DATE » • ^ i*.i *•^yirw \'j .£• ' Xf MICSOTA ^QUESf FOR RE ?^T) COMMENTS MINNESOTA DNE PERMIT APPLICATION NX'MBER: DATE OF REQUEST: 3> / t ^ ^________*k;c Cikfura ( SrSon ofV^. Siion. UOO M>™, R»d, St P.ul. MN 551M.) FROM: <^\\ SW^SS ■ .4v-^ PHONE; (612)772 7910 rn- 0^'^ 2f0 3895 TO: □ City Watershed Authority Cons. District (SWCD) Corps of Eogineers DNll WUdlifc DNR Fisheries DNR Eco. Services OO PROPOSAL INFORMATION Applicant: □ □ □ c □ □ a J to. ./V _______________ yV-c-i/>. , /V ^ I (0 (,/L ✓'-1 ^ DNR ID#: County: Proiect Description: COMMENTS ON PROPOSAL Comments on Project by Reviewer (attach separate sheet if needed): Recommendation of Reviewer: Name of Reviewer;Title:Date: I raquest 8 copy of the recorrmondotion of th« Area Hydrologist: YES NO NA-02622-05^- ^ • Rev. 12y91 V '» ■I^OC^AITMINT Of c-l i T- >OTJi\ PBwryipHicATioii * TO WOW M PMfKT#W*TfIIS OH WCTUWS imcLiMriMi stfcni OFFICE USE ONLY 7Z^' □swco C20C Dwo auscoe Telephone NumOersa'ejccoe ) V?/-?S7 7 Fir^No . Box No or Proiect Addrc« KiC.ef' P»*•h (^<X TYPE OF WORK PROPOSED (CHECK ONE) P'Oiect v»iii attect^J^ane Dwetianacf Cwate'ccurse ina<n«4 nuftiO^ *• L t knovof" /y I IA.A€^ □ excavate □ fill □ drain □ construct □ install □ repair □ remove □ abandon aC other (specl^) IV. TYPE OF PROJECT (CHECK ONE) C shoreline D shore-protection O obstruction □ channel □ harbor □ bridge □ sand blanket jarfpermanent dock □ culvert □ riprap □ wharf □ dam □ other (specify) IKUf.c-W.-ll.* P.WWI.- U-iV' a A/**- AV.Vgj' 'K* pyppnsp QF PROJECT: (Explain why this project is needed TV^ O.ot -I-VckV- w-r i-s-WlWA t->o h ITM. IWACT (Anticipated changes to the water and related land resources, including unavoidable but detrimental enectsT xn. ^«r <> «u> c.________ ALTEMUTIVES (Other alternatives to the action proposed) Sg.Vl lf)eicJC iV g- I u I___L*. mirciiant W) uinnA<;nta StautKChaoiBf 103G.245 and ail suoportinq ful 1 •T'* €--------------------------------------—-— ■ I hereby main ap^ation pursuant fc Minnesota StaajtM ChapBf 1C3G.245 and all supporting rules ter a pemrt to^ te or aN^^ waier($) in aco^ce vnih all supportng maps, plans, and other inbrmation submitted vntft Ws appSeaim The mtermaHoo submitted and staamentt made concerning this application are true and correct to the best ot my knowledge. _ I " " V_____________________ - — *■ STATE OF ____________________ COUNTYOF ^-------- Subscribed and sw^Ko beiore^a d«s - day of ^^Ignatufe 0^5*^ oj^^htfri^dA^ent 0«. »/Q/9S' Signature ot Leasee Date My commission eij Signature ot * 'S3,[to ^ tifjCc.o-, O'# V VP % * WW • * • White: ONR Blue: SWCOGreen: Watershed District Goldenrod: City Of County Pink: Army Corps of Engineers Canary: Applicant ^ '-I rJ m Vi¥^V.AS+ ^ r"'^>' < /X N® Vi/ \^5 L\ N.S>A^ Q 4-u Q, vaO-A-^'^'T* e ic' *9 oa- c *frrr^ Ql.op®i<cl t ll» ^ O__ D 1-. .§ \G "%f V ? "--f ^ V ^mm • . go l- ---*^-: -* I 2V '• • • • '"7-^••n*-''' r V ■’.- ».'"7— s •rT« l:'*crr> a . —• .--_____: “ “= -T * T • ' - 1 • — ‘ - Z s.' ri.' ..-- '#■ .■S’ r* • - • i *»ri?-^-v«r*. — . -< ^ ^ ^ * ■-------------- r^t-i?r--,.. . . • .-. 2. - *. ' ' ---------- til I uiivj t- u , ir\vji_i\i»L-sJO lleiuiGpin County, Minnesota \ / •: •• ••«... > ... liney ''' / 5cufhetlf Hn of Z ^u V.o //>tf af /r/V*< Ji:^61^. fPMS^ r-*-7r ^oo /Afr^^c0t»ct ’ 5793 T r. t / ' ~ si T./ 9 , 0 M A,tryt,u'cr ; 30/0 //«.// r r/. V/^ , c ,Vf //y t/r /<*/“#•«/»r*V' 7>/*v-r/».r «*c I hereby certify that this is a true and correct representation of a survey of the boundaries of the following described property: l.ot 26, FAGERNESS, except that part thereof described as follows: Commencing at a point in the Southerly line of Lot 2, FAGERNESS, extended Southeasterly which point is 50 feet from the most Southerly corner of said Lot 2; thence angle right 65 degrees 46 minutes a distance of 77.66 feet;'' thence angle right 90 degrees in a straight line a distance of 69.6 feet to the point of intersection with the Southwesterly line of said Lot 1, which i)oint is the actual point of beginning; thence continuing on said same straight line to the shore of Lake Minnetonka; thence Northerly along said shore to its intersection witli the Southerly line of Lot 1, FAGERNESS; thence Southeasterly along the Southerly litie of Lot 1 to the point of beginning. Also, that part of Lot 1, FAGLRHESS, described as follows: Commencing at a point in the Southerly lino of tut 2 extetided Southeasterly which point is 50 feet from the most Southerly roiner of said Lot 2; thence angle right 65 degrees 46 minutes a distance of 77.GO feet to the actual point of beginning, said 77.66 foot line being hereinafte»‘ called line A; tlieiice angle right 90 degrees a distance of 69.6 feet to the point of intersection with the Southwesterly line of said Lot 1; thence Southeasterly along said Southwesterly line a distance of 100.28 feet, more or less, to the shore line of Lake Minnetonka; thence Northerly along said shore line to a lino drawn at right angles to litie A from the point of beginning; thence Westerly 25 feet, more or less, to the point of beginning. and of Lite location of all buildings, .if any, tltereon. It does not purport to cJLioiii __-T n M__nLlhrur?___imnjrjnLW^__oml*________________________________________________________________________________________________ STATE OF ^DEPARTMENT OF NATURAL RESOURCES METRO WATERS, 1200 Warner Road, St. Paul, MN 5510^,PHO«NO. 772.7510 ILE NO May 2, 1995 c Mr. Richard Born 1991 Fagerness Point Road Orono, MN 55391 RE: Permit #95-6168, Permanent Dock, Lake Minnetonka, Coffee Cove (27- 133-19), City of Orono, Hennepin County Dear Mr. Born: Enclosed is DNR Protected Waters Permit #95-6168, which authorizes reconstruction of an existing dock to a length extending 40 waterward of the OHW and 20' along the shore. Please note Special Provision 3 which prohibits any work from being done between April 1 and June 30 to minimize spawning and migration. Also note Special Provision 6 which requires you to sxibmit photographs of the finished work to this office. Please note General Provision 1. This permit does not release you from any rules, regulations, requirements, or standards of federal, state, or local agencies, including the watershed district. City of Orono, and Lake Minnetonka Conservation District. In addition to the provisions noted above, some important permit details are summarized below: Read all permit conditions and attachments carefully. The orange Permit Card must be posted conspicuously at the project site. This will indicate a permit has been issued for your project and may avoid unnecessary misunderstandings. If there are changes in the project which could affect Lake Minnetonka, an amendment to the permit may be required. T regional office should be contacted to determine whether tne ch2ing6 necessitat0s an aiQGndinent• The expiration date of the permit may be extended if good cause is demonstrated. A written request for an extension must oe submitted to the Regional Hydrologist. All written correspondence should be addressed to: DNR - Metro Waters, 1200 Warner Road, St. Paul, MN 55106 • 0*^1 IMITV CK,1DI OVCQ 1. 2. 3. 4. 5. Mr. Richard Born May 2, 1995 Page 2 6.Please note the permit provision regarding wetlands not subject to DNR water permit jurisdiction. Your DNR water permit does jQpt authorize you to proceed with your project until you comply with the Act. If you have any questions or concerns, please contact Hydrologist Joe Richter or Area Hydrologist Ceil Strauss at 772-7910. Sincerely, u file E. HOmuth Regional Hydrologist Enclosvires DEH/CCS/JR/cds c:U.S. Army Corps of Engineers, Joe Yanta Minnehaha Creek Watershed District, Gene Strommen Hennepin Conservation Dis'* ict, Ali Durguno^lu City of Orono, Jeanne Mabusth Lake Minnetonka Conservation District, Greg Nybeck Minnetonka Portable Dredging, Bill Niccxim Conservation Officer Jim Konrad DNR Fisheries, Taylor Polomis Central Waters, Ron Anderson Lake Minnetonka, Coffee Cove (27-133—19) File PROTECTED WATERS PERMIT INNESOTA 95-6168 DiMsioo of ■l0ri Punuuiio SUBMM. OiaMer 1030. and «i ih. bMttof-atanenUuid uifonMlioo coottiaed ia ib« pennil applkatioii. leoen. oi^>t. and plana nibnuoa. by (he applicant a«t other »q>ponin( data. aU of which aie made a part he»of by referenca. PER.MISSION IS HEXOY GRANTED lo iha applicant to perform the wor aa authorixad below; ________________ Waitr Lake Minnetonka, Coffee Cove (27-133-19) ComMtf Hennepin Nam of FtnaiOot Richard A. Born Tdtpkomt Numbor (Utcludt Ana Cadt) (612) 471-9577 AJdna (So. A Sorti, RFD, Bax Sa. City. Slau. Zip Coda) 1991 Fagernees Point Road, Orono, Minnesota 55391 Anitortud Woft: Rebuild a pemanent wooden dock extending 40' waterward of the Ordina^ High Water level and extending for 20' along the shore; all as shown in the plans received March 15, 1995. Propany Dateribad at SEl/4, NEl/4, Section 18, T118N-R23W This permit ia granted subject to the following OBIBRAL and SPECIAL PROVI8IWIS* tAL PROVISIONS 1. 2. 3. 5. 6. n»a peraiOM ia not taleaaad fiom any nilea, tegulatiooa. raquifcmanu. or aandaida of any applicable fadcnl. Site, or local agcnciea; tncludlof. but not li^ Army Coipa of Enginecn Cemre. 190 Fifth Street Eas, Su Paul. MN 55101-143*. Thia permit ia not aaaiciiabic by the penuttne eaeept with the wiioea conaaot of the Commiaaioaer of Naniral Reaouicea. The rr—A.it aotiiy the Area Hydroio(iat u leaat five dayi in advance of the commencemeot of the work authorized hereunder and notify him/her of it coov^on within five daya. The Notice of Pemut iamed by the Commiaaiooer ihall be kept aecurely po«ed in a cooapkuotia place W the aile of operwmna. The |TT—ahall m«lr« oo changea, without wrineD penmeioo previoualy obtained from the Commiaaioner of Natural Reaowreea, in the dimenaiooB, capacity or location of any itema of work authorized hereunder. The permittae «»..it gmn acceaa to the nta at all raaaonahle tiniea during and after conrtfuetioo to authorizad tepraaemativea of the Commitn-'oer of Natuim. for inapectioo of the work authorized hereunder. Thia Permit may be tenninated by the Comniiaiiooer of Nanual Reaourcca at any time deemad naceaaary (br the conaervatioo of erater reaourcea of the Sate, 0i in the inlereS of public health and welfare, or for violatioo of any of the proviaiociB of thia permit, unleaa othcfwtae provided in the Special Provwone. 7. 9. 10. 11. 12. 1. 2. 3. 4. 5. 6. the project euting the reaaoa thereof, upoo wntten rM(ue« to the Coininii«oo«*‘ o a rf »h.,,»«.«p«—.«of««, ,o«w, ^ U.J. „ ^ *. whuen coMem of dl penoo^ .geiicic. or urthorilie. coocemed. »«d 4uU tcqu« rU property, ngn or right of eciioa of the *ate egunat the praitXet. itt •gem*, employee*, or eoaim. of law. by the publk. NO .r •< ~ ~ waur* which Ue« below (a* iadical«l above.) Act of 1991. BPBCIAL PROVISIONS A e«diment b»rri«r t^d“"utbi5lty**o°thI*»ftIct«d «rM«f*^Thl/b»rcUr Ab, .orb b.lc th. -.ter l.v.1 .h.U ^ rh;^U|,t?.5Lt\on^\“■edinwnt from being traneported beyond the const^crion entitled "6.6 Flotation Silt cSrla^nT''T'l?e“?r??eri!;in be remove*? upon completion of the work after the silt has settled. No activity affecting the bed the If ,«rk during this time is •pprov’.l .r th. at.. PUheri.. A«.9.r, .t 612-772-7950. amendment to this permit. The dock .h.ll not h. coe.truct.d -1th «t.ri.l. that -ould h.v. . d.tri«.nt.l l.p.ct or aquatic organisms or water quality. Sno,r “.;^hr.nd Region Waters (1200 Warner Road, St. Paul, MN 55106). c:Sin«5s^ sit*;2i:rri;«!«y «s. stro»-n .^eitv of Orono, Jeanne MabusthMinn.tonka Con..rv.tlon Dl.trict, Ore, Nyb.ek Conservation Officer Jim Konrad DNR Fisheries, Taylor Polomis central Waters, Ron^derson Lake Minnetonka, Coffee Cove (27-133-19) File request for council action % K' <’>V ^ ■ ji DATE: June 5. 1995. « ITEM NO.: / O 'Hs- Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Hem Descriptioiv #2022 Melamed'/Lauer Partners, 920 Old Crystal Bay Road - Preliminary Subdivision - Resolution Zoning District! RR-IB, 2 acre minimum dry contiguous area, portions of property are located within shoreland area and subject to hardcover controls. Additional Exhibits M - Graham/Gumnit Letter 5/15/95 N-1-7 Minutes of Planning Commission Workshop 5/10/95 0-1-4 Access Alternatives ^ ^ c P - Amended Preliminary Plan Designating Expanded Buffer Areas and Open Space OuUot B Along East Side of Property Q - Applicant ’s Second Addendum R - City Attorney’s Memo 5/26/95 Additional Pertinent Ordinance Section 10.55, Subdivision 8 - Review Exhibit P, applicant ’s prelimina^ grading plan shows excavations for the purpose of retention within portions of designated wetla^ located within Lots 3 and 4. The Code does not allow alterations of designated wetlands without obtaining necessary variance approval. Brief Review of Application Council may refer to the enclosed staff memo dated May 11. 1995 and the minutes of the May 15, 1995 Planning Commission meeting for background and detail on this review. The Planning Commission voted unanimous approval of the four lot subdivision as shown in Exhibit P, the amended preliminary plan (5 of the 7 member Commission in attendance at the May 15th meeting). Members approved a variance that would allow the four lot subdivision to be served by driveway accesses as opposed to an internal road, based on the following fmdmgs and hardships; 1. Internal road would require massive tree removal (640 mature pine and spruce trees) and the approved plan will result in the loss of 90 mature trees. Request for Council Action continued page 2 June 5, 1995 Zoning File #2022 2. 3. 4. Internal road would result in the filling of some 2400 s.f. of wetlands. The approved plan would result in less than 400 s.f. of wetlands being filled for access purposes. Loss of trees would have a negative unpact on not only the Preserve Park at the east but the residences in the unmediate area and the long established residential development to the north, south and east sides of the French Lake community. Hennepin County DOT has conceptually approved access to the property via two curb cuts at Old Crystal Bay Road as opposed to requirement of a single curb cut to serve the 15 acres. The Planning Commission recommended that access to Lots 3 and 4 be via a shared drive at the Citv ’s driveway to the south located approximately 55 ’ east of the traveled publk road and 15’ from the edge of the dedicated right-of^-way of County Road 84. Review Exhibits N-1-7, the Planning Commission did concur that if the City was to change its standards for roadways serving three to five units based on the input from the various contnbutmg experts at me workshop mat upgrades would still be required, specifically, mmaround capabilities for emergency vehicles. The City driveway is over 1,000 lineal feet in lengm. Aimough me Planning Commission was concerned wim me legal aspect of me City being able to grant itself variances to me Code, members noted mat in a recent application for me City of Orono mat me City granted setback variances for me installation of me parking lot serving me Post Office in Crystal Bay. Planning Commission members still asked that me City Attorney provide a w. tten statement concerning the City granting variances to itself. Staff has discussed the Planning Commission request wim the City Attorney. He advised that me City m^ g^t itself variances and if the City wishes it need not provide a statement of hardship. The City Attorney has provided a memo for Council ’s review, Exhibit R. Review Exhibits O, 1-4, alternatives for providing access to me 15 acre site are as follows; Exhibit 0-1 Exhibit 0-2 Exhibit 0-3 Exhibit 0-4 Internal road access. Two shared accesses at Old Crystal Bay Road. The shared access for Lots 3 and 4 will require intense tree removal and may require an adjustment of lot lines because of the inability to credit area of easement drive and area to me soum of me easement drive wimin Lot 3. • i * One shared access at Old Crystal Bay Road serving Lots 1 and 2, one single at Old Crystal Bay Road serving Lot 3 and one single at City driveway servmg Lot 4. One shared at Old Crystal Bay Road and one shared at City driveway. Request for Council Action continued page 3 June 5. 1995 Zoning File #2022 _____ 1. Council may decide to amend the access plan approved by Planning Commission. Note the resolution has been drafted per the Planning Commission's recommendation option. 0-4. The specific issue of what type of required upgrade for the City driveway was not addressed in the Planning Commission recommendation. The followmg upgrades of driveway/road may be required of developer. Typical road^section for rural road: 24’ paved road with 3’ ditches, 80’ paved cul-de-sac (per current ordinance). Upgrade of existing drive to a 24' paved width with innovative turnaround at nonheast end (Engineer to specifically review this area to determine best option for mmaround and to minimize impact on existing vegetation and Preserve Park). Pave existing drive (15’-16’ width) with innovative turnaround at north end. Leave drive as is. 3. Park Dedication vs. Cash Payment Based on the conceptual direction of the Park Commission and Council at tteir April 10. 1995 meeting, the applicant has dedicated 1.2 acres of park land (8% of 15 acres 1.2 acres). Outlot A contains .36 acres and Outlot B contains .84 acres dry for a total of 1.2 J^es. Co^il specifically asked that the bike trail be designated as a 15’ outlot to the east of the County roL right-of-way. It was not clear whether Council wanted to take the remainder of the park dedication in fee title or cash payment. Note the approval resolution die Planning Commission recommendation that reflected applicant of park land. Does Council wish to take . 84 acres m fee or cash equivalent? If Couircil chooses the cash equivalent, then the buffer area can be extended 50’ along the east boun ary property. Review Exhibit E, Gustafson asks that the trail be graded at a 10’ width by the developer prior to residential development. The grading of a trail will require the filling of a wetland and ft will be difficult for City to acquire mitigation areas once nronertv owners. Note the approval resolution includes the gradmg of the bike trail as the findings of the Engineer’s report were included in the Planning Commission recommen a ion. Does Council wish the trail graded at this time? Request for Council Action continued page 4 June 5, 1995 Zoning File #2022 The Planning Commission was not advised during their review that a designated wetland was to be altered to provide retention for runoff from development of the four lots. The developer’s consultant advised that the Watershed District conceptually approved the location of the retention pond because it provided an upgraded higher quality wetland providmg an open water area in the existing Type 2 wetland. It was also noted that there would be no tree loss. In staffs discussions with the Watershed, we were advised that the MCWD was not aware t^ the alterations were located in an Orono protected wetland. The area is approximately 9,000 s.f. or .2 acres and could be relocated further east within Lot 4 out of a designated wetland area but would require tree removal. Applicant’s consultant also noted that portions of the designated wetland within the City property have been filled over the years and that possibly the City would allow the excavation of the fill area to compensate for retention needs within the developed property. The City ’s options are as follows. 1 Grant a variance to Section 10.55, Subd. 8 and allow the excavation of the Type 2 wetland to a Type 3 providing open water areas (not consistent with City s previous approvals). 2. Require that excavation be made in dry buildable lands within Lot 4 to the east of the driveway. 3. Allow for the excavation of the filled area within the City-owned wetland to the southeast of the property. Note the approval resolution does not address the excavation of the designated weUand. Council must also provide direction on this matter. The preliminary plan has been amended to include buffer zones 50’ along exteiml lot lines except for alternate septic site within Lot 4, and 30’ along internal lot lines and adjacent to shared driveways. The areas defined as buffer zones on preliminary plan desigMte ^as where tree removal is prohibited and no land alterations allowed. The buffer areas have ^en created in lieu of granting a variance to the subdivision regulations that would have required an internal road. It has been recommended that the City not be part of the private covenants that place restrictions on tree removal and other land alterations. Applicant shall review covenants developed for the Sugar Woods plat for the purpose of defining under what condiuons a tree may be removed within a buffer zone. It shall be the responsibility of the property owners to enforce regulations as opposed to the City. The City Engineer in his report has asked that the oak tree be removed adjacent to tte curb tut serving Lots 1 and 2. Applicant has advised that at his meeting with a County D.O.T. representative that the representative also asked that oak tree be removed. Request for Council Action continued page 5 June 5, 1995 Zoning File #2022 Planning Commission Recommendation The Planning Commission recommended unanimous approval of the subdivision application as shown on the amended preliminary plan (except for proposed retention pond in designated wetland) with the understanding that if Council does not amend the Code and refuses to grant variances for additional curb cut on the City driveway, then applicant must file a new plan of development wr.i; the City. The following conditions would apply to the current four lot plat: 1. Dedication of 33’ of right-of-way for the County road. 2. Dedication of drainage and utility easements 10’ wide along the perimeter boundaries of the property and 5’ along the shared lot lines. 3. Designate all protected wetlands of the City of Orono as drainage easements on the plat. 4. Dedication of 1.2 acres of park lands as shown on plat as Outlots A and B. Bike trail to be graded to a 10’ width. Preliminary grading plans are to be amended to reflect mitigation areas if wetlands are to be filled. 5. The well on Lx)t 1 to be properly abandoned before final plat approval. 6. Covenants to be created for Lots 1, 2 and 3 where Types 1 and 2 wetlands (not City wetlands) are located. Applicant shall advise future owners of the need to protect the wetlands and to contact appropriate agencies if they are to altered, similar to the covenants developed for the Old Crystal Bay Road Addition. % 7. Preliminary grading plans to address the following: Confirmation that drainage is to be directed away from septic areas. Detail on shared drive at Old Crystal Bay Road - 20 landing with 2% grade. . . Detail on retention pond and hydraulic information to support sizing or retention area. Detail on private drive serving Lot 4, specifically portion that will encroach drainageway. Resolve of removal of oak tree within right-of-way of County Road 84 adjacent to shared drive of Lots 1 and 2. a. b. c. d. e. Request for Council Action continued page 6 June 5, 1995 Zoning File #2022 8. 9. Preliminary plan to exclude areas of easement drives from dry buildable area of each lot (Lots 1 and 3). In the granting of variances to the subdivision regulations that would require an internal road to serve the four lot plat, applicant shall create special buffer areas that would allow no tree removal or land alterations. A 50’ buffer shall be created around the exterior or perimeter of property and shall allow the encroachment of an alternate septic system within Lot 4 as shown on the preliminary plan. Applicant shall also grant 30 ’ wide buffer areas at internal lot lines and adjacent to shared drives. Applicant to create private covenants similar to those created with the Sugar Woods subdivision to be filed on the Chain of Title of the four lots. Upon the filing of the current four lot plat application, applicant has submitted a written statement agreeing to make any improvement to the City driveway located at the south side of the property deemed necessary by the City Council either based on its ordinances or as a condition of granting variances to the subdivision regulations by not requiring an internal road to serve the four lots. 11. The word "preserve" shall not be used in the naming of the plat. COUNCIL ACTION REQUESTED: The enclosed approval resolution has been drafted per the Planning Commission’s recommendation. Council shall either reaffirm or provide additional direction on the following issues: 10. 1. 2. 3. 4. Access. Level of upgrade required by developer of City driveway to south and east. .84 acres to be dedicated as park land or cash payment. Required retention area. a. b. c. Allow alteration of designated wetland. Require retention within dry buildable area within Lot 4. Allow developer to excavate filled area within City wetland to the southeast. A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION OF A PROPERTY LOCATED AT 920 OLD CRYSTAL BAY ROAD - FILE NO. 2022 WHEREAS, Robert Melamed of Melamed/Lauer Partners (hereinafter the "subdivider"), on April 21, 1995 filed a formal subdivision application with the City for approval of a four lot residential plat of property legally described as: refer to Exhibit A attached (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Stamtes 462.358 et. seq. and the City of Orono ’s Zoning and SuMivision Codes, the Orono Planning Commission held a public hearing on May 15, 1995, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on June 12, 1995, the Orono City Council considered the subdivision application of the Subdivider, noting the following findings of fact: 1. The properties are located within the RR-IB Single Family Rural Residential Zoning District, requiring a minimum of two acres of contiguous dry buildable land within each newly created lot, 2. The property contains a total of 15 acres, with approximately 2.5 acres of derignated wetland. 3. The proposed plat consists of four residential lots each meeting the mmimum requirements of two acres of dry buildable area exclusive of designated wetlands, and driveway easements. 4. 5. All four lots meet the required lot width to the rear of the 50 ’ front/street setback. All four lots have been found to have adequate and suitable soils for on-site septic treatment facilities. Page 1 of 9 6. 7. The four lots shall be served by private driveways. The City has granted a variance to Section 11.33, Subdivision 42 as lots will not be served by an internal road. Granting of this variance was based on the following unique findings and hardships: A.An internal road would require massive tree removal (640 mature pine and spruce trees) and the approved plan will result in the loss of 90 mature trees. B. An internal road would result in the filling of some 2400 s.f. of wetland areas. The approved plan would result in less than 400 s.f. of wetlands being filled for access purposes. C. Loss of trees would have a negative impact on not only the City’s Preserve Park at the east but the residences in the immediate area and the long established residential developments to the north, south and east sides of the French Lake community. D. Hennepin County DOT has conceptually approved access to the property via two curb cuts at Old Crystal Bay Road recognizing the unique physical characteristics of the property and the desire to minimize impact of development. In lieu of the City’s granting a variance to the requirement for an internal road for the four lot plat, the applicant has created buffer or conservation areas where tree removal and land alterations would be prohibited. In conjunction with the creation of the buffer areas, the applicant will create private covenants for the purpose of defining under what conditions trees may be removed within the buffer zone and to define what land alterations would be allowed within protected area. The final resolution approving the four lot plat shall specify the purpose of the buffer/conservation area and the need for private property owners to enforce the covenant. 8. The Hennepin County D.O.T. shall issue the permits for the curb cuts at County Road 84 (Old Crystal Bay Road). It shall be the County’s responsibility to defme all required improvements within the right-of-way as a result of the creation of Page 2 of 9 9. 10. A. B. the new access drive(s). The neighbors in attendance at the public hearing and the written comments of adjacent neighbors have all encouraged the City to consider granting itself variances that would allow an additional residential user and that the City driveway remain in its present condition and status as a driveway. The City Attorney, Thomas Banett. has dtafted a memo to the City staff reaffirming that it is within the City’s authority to grant itself variances. The Planning Commission at their May 15, 1995 meeting recommended that the City grant variances to Section 11.33, Subdivision 42 that would allow the City s driveway to remain in its present condition providmg access to two additional residential properties via a single curb cut, based on the following umque findmgs and hardships: The two residential lots shall be served by a single curb cut. The City driveway is approximately 1,000+ ’ in length. The shared single cmb cut is located 55 from the intersection of County Road 84/Old Crystal Bay Road and the City driveway. All neighbors in attune nee at the public hearing and written statements support and encourage the City to grant vari^ces that would allow the road to remain at its present status and condition. The two existing residential units, Park Preserve, and MWCC lift facility are located within 650 ’ and 1,000 ’ from the intersection of Old Crystal Bay Road and the City drive. At the time of the residential subdivision of the City property, it was the intent and goal of the City to retain the simple gravel drive as an access to the residential development and the Park Preserve. It continues to remain a goal of the City. The upgrade of this roadway to a 24 ’ paved width with 3 ’ ditches and 80 cul-de-sac at the northeast end would have a negative impact on the Preserve Park-like atmosphere surrounding the City’s drive. C. D. E. F. Page 3 of 9 G.The installation of a cul-de-sac would result in a major loss of trees within the immediate area of the Park Preserve. 11.Outlot A shall serve as the area for development of a bike trail. It has been designated at a 15’ width and consists of .36 acre. 12.Outlot B consisting of .84 acres of dry land shall be dedicated to the public for open space/park use and contiguous with the French Lake Preserve Park. 13.Upon filing this current four lot plat application, applicant agrees to make any improvement to the City driveway located at the south and east side of the property deemed necessa'ry by the City CouncU either through its ordinances or as a condition of granting variances to subdivision regulations by not requiring an internal road to serve the four lots. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application for Melamed/Lauer Partners at 920 Old Crystal Bay Road per the plat drawmgs Mart <1 firnnherc. a licensed survey of Coffin & Gronberg, Inc. dated April 21, 1995, mostby Mark S. Gronberg, a licensed survey of Coffin & Gronberg, Inc. dated April 21, 1995, most recent revised date June 5, 1995, subject to the following conditions: 1.The Subdivider to create access easements over Lots 1 and 3 in favor of Lots 2 and 4. 2.All wetlands designated on City Conservation Maps shall be shown as drainage easements on the plat. Drainageway at northeast and southeast portion of property to be shown at a minimum 15’ width. 3.The well on Lot 1 to be properly abandoned before final plat approval. Applicant to contact City staff to confirm that this has been completed to State’s satisfaction. 4.The Subdivider shall be responsible for grading 10’ wide bik.' trail within Outlot A. 5.Lots 1, 2 and 3 have been found to contain protective wetlands not designated on the City’s Conservation Area Map. The Subdivider shall create covenants to be filed in the Chain of Title of each of these properties advising future owners of Page 4 of 9 6. 7. 8. 9. the limitations on the use of these specific areas and the need to first apply to the Corps of Engineers and the Minnehaha Creek Watershed District if any improvements are proposed at some future date before first obtaining approvals and/or permits from the City of Orono. Prior to the Subdivider filing the final plat application. Subdivider’s surveyor shall provide an amended plan confirming the dry buildable area of Lots 1 and 3 exclusive of driveway access easements. Dedication on the plat of 1.2 acres of park lands as shown on preliminary plat as Outlots A and B. Dedication of 33 ’ of right-of-way for County Road 84 (Old Crystal Bay Road). Dedication of drainage and utility easements 10 ’ wide along the perimeter boundaries of the property and 5’ along the shared lot lines. Prior to the filing of the final plat, applicant to provide a preluninary grading plan for the City Engineer and City staffs review. Such plan to include the following: A. Grading to confirm that drainage shall be directed away from all septic areas. B. C. D. E. Detailed grading on shared drive at Old Crystal Bay Road providing a 20 minimum landing with 2% grade. Detail on final approved retention pond and hydraulic information to support sizing of retention area. Detail on private drive serving Lot 4, specifically, portion that will encroach drainageway. Resolve of removal of oak tree within right-of-way of County Road 84 adjacent to shared drive of Lots 1 and 2. The City shall requite written Statement from County D.O.T. Page 5 of 9 F.Detail on grading of bike trail. If wetlands are to be filled, applicant to designate mitigation areas on property. If trail is to extend out of County right-of-way and Outlet A, easements shall be granted in favor of City over such area. 11.Access to Lots 1 and 2 shall be via a shared private driveway at Old Crystal Bay Road. Access to Lots 3 and 4 shall be via a shared private driveway at City driveway to the south. 12.Applicant to execute Developer’s Agreement to ensure all grading/drainage and any road improvements required by City are installed to City’s satisfaction. No land alterations can take place until erosion control is established and septic sites staked. No improvements can commence until the City Engineer has approved all grading/drainage plans. A Letter of Credit must accompany a fully executed Developer’s Agreement written to 150% of the cost of the required improvements. No building permits will be issued until all drainage facilities have been installed and approved access for inspection vehicle has been completed. 13.Applicant to provide copies of private covenants creating special guidelines and restrictions on the removal of trees and the performance of land alterations within the conservation/buffer area. Covenants to be created in a form suitable for filing on the Chains of Title of all four properties. The final plat resolution shall reaffirm the responsibility of future property owners in enforcing these regulations to readvise the future owners that these conservation/buffer areas were created in lieu of the Subdivider installing an internal road. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1.Record plat drawings in the form of two (2) mylar copies [one (1) copy for the City records and one (1) for filing with Hennepin County] and one (1) copy reduced to 1" = 200 ’. Drawing to include: A. Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin and Gronberg, Inc. dated 04-21-95, most revised date 06-05-95. Page 6 of 9 B. Dedication of drainage and utility easements as noted Item 9 above. C. Designation and dedication of Outlots A and B for bike trail and park purposes. D. Dedication and designation of drainage easements over all protected wetlands of the City of Orono. E. Naming of plat. Please note the City asks that -Preserve" not be used in the naming of the plat. 2. Legal documents required: A. Title opinion addressed to the City. All owners, mortgage holdere or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. Signed and executed Conservation and Flowage Easement over designated wetland area. Applicant to obtain copies of standard easement documents from City. C. Signed and executed Developer’s Agreement and Utter of Credit for drainage improvements and possible road improvement. ^ obtain copies of standard Developer’s Agreement and Utter of Credit. Sig.ied and executed Bike Trail Easement over OuUot A. Applicant to obtain copies of standard easement document from City. Signed and executed Declaration of Private Covenants covering '^P^^^^P and maintenance of drainage facilities. Future owners of Uts 3 and 4 to also share in the maintenance and upkeep of the City dnveway if fma access is approved. F. Subdivider to create access easements in favor of Uts 2 and 4 over Uts 1 and 3. B. D. E. Page 7 of 9 G. Completed private covenants for Lots 1, 2 and 3 involved with protected wetlands not included within Conservation Maps of City. H. Completed restrictive covenants for use of buffer/conservation areas involving all four lots. 3. Fees to be paid: Total due: $ 375.00 A. Final plat fee = $____175.00 — B Legal review and filing fees for subdivision and associated documents S 200.00 Adopted by the City CouncU of the City of Orono, Minnesota at a regular meeting held this 12th day of June, 1995. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ’ Notary Public Page 8 of 9 LEGAL DESCRIPTION OF PREMISES: Commencing at a point 53.72 rods South of the Northwest corner jf the Northeast Quarter of Section 9, Township 117, Range 23; thence North 494.58 feet; thence East 990 feet along the South line of the tracts of land conveyed to Charles D. Velie; thence South at right angles 795.7 feet; thence West at right angles to the center of said French Road, so called, said Road also being known as County Road No. 84; thence Northwesterly along the center of said Road to the West line of the said Northeast Quarter of said Section 9; thence North along said West line to the point of beginning, containing seventeen acres, more or less, according to the United States Government Survey thereof, Hennepin County, Minnesota. To: From: Date: Subject: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth. Budding & Zoning Administrator May 11. 1995 #2022 Melamed/Lauer Partners, 920 Old Crystal Bay - Preliminary Subdivision Public Hearing Zoning District: RR-IB. Two Acre Minimum Dry Contiguous. Portions of property are located within Shoreland areas and subject to hardcover controls. 1. Section 11.03, Subdivision 24 - Minimum lot area. Dry buildable land must be contiguous and not divided by a wetland. Dry buildable areas within Lot 4 can be credited against contiguous dry buildable as designated wetland is merely a drainageway for the majority of the wetland. This is consistent with previous actions of the City. Note shared driveway located within Lot 3. The easement area granted in favor of Lot 4 must be excluded from Lot 3’s dry buildable area. Applicant’s surveyor shall confirm adjusted area. Applicant has placed driveway in order to protect alternate septic site on Lot 4. 2 Section 11.33, Subdivision 42 - Typical section. Three to six units require upgrade to a private/public road. The City is cun-ently reviewing standards for classification of driveway and roads within the City. The current layout will require a variance to this section of the Code as City driveway would now serve four residential units with three residential curb cuts. Review Exhibit H-1-3, Council concurred that they would prefer amending the Code rather than granting variances to standards for driveways owned by City Refer to Exhibit B, applicant has filed the application based on the conceptual directives of the Council. Applicant will make any improvement to the public driveway deemed necessary by either the current Code or an amended Code. We should also note applicant is being granted a variance to this section because the Code would call for an internal road at the four lot density. 3. Chapter 11. Class 111 Subdivision. 4. Section 11.02, Subdivision 10 (A) (1-7) - Necessary findings for the granting of variances. List of Exhibits A - Application B - Applicant’s Addendum C - Plat Map D - Property Owners’ List Zoning File #2022 May 11 1995 Page 2 E - Gustafson Report 5/8/95 F - Weckman Report 5/4/95 G - McMillan Utter 4/21/95 H-1-3 Council Minutes 4/10/95 M-5 Portion of Wetland Delineation Repon J - Current Access Plan K-1-4 Septic Site Plans L - Preliminary Plans Status of Application The Planning Commission reviewed the sketch plan proposal for the subdivision of this property at their March meeting. The Planning Commission concurred that based on the umque phy^cal features of this land that it would be best to grant a variance for the four-lot plat and not require an internal road. The Planning Commission encouraged the use of ^e City s driveway to the south of the property for a single curb cut to serve two lots At the April 10th meeting of the Council, members reviewed applicant’s request to increase the residential use of the City’s driyeway now serving two residential units. Council chose to amend the Code rather than grant itself variances also recognizing the City’s intent to keep the roadway a ow profile/rural-tvpe road in an attempt to maintain the preserve park atmosphere to the east. As already noted above, the applicant has agreed to make any improvemente to Ae roadway based on whatever Code is in effect at the time of final approval of the plat (Exhibit B). Applicant should be advised at this point that if the Code is not amended and the Council chooses not to allow an additional residential user on this driveway that applicant will be required to provide an internal road to serve all four properties - not a popular option. An internal road would require a more intense and lengthy review by both the Watershed District and other agencies of the State because of the major fill of wetlands. In the current proposal, the applicant proposes to fill less than 400 s.f. of the wetland areas Jhe Watershed District (LGU for City) will not require a permit. Staff has been advised by the Watershed tha the only information they will seek from this applicant with the current proposal is to reyiew the actual driveway construction as it encroaches the wetland areas. The City Engiwer wi a so review the same grading plan. Members should also be aware that if the 400 s.f. is not exceeded that mitigation is not required. Septic Please review Weekman’s memo. Exhibit F. Kc advises that all septic sites are approved and meet the necessary setback from all wetlands and lot lines. He asks that the existing we on Lx)t 1 be properly abandoned before the septic system is installed. Staff would a the well be abandoned prior to final plat approval. In reviewing the septic site plam, E^iibite K-1-4, the site plan for Lot 4 (K-4) shows the septic test area close to the east boundary oi Zoning File #2022 May 11 1995 Page 3 property. Ouilot B has not been designated.fis Ouiloi A has been shown on all the other sue plans. The primary septic site on preliminary plan shows the septic site at least ^0 from the west side of the outlot. Applicant should explain. In the development ot fin^l site plans for the development of each lot. developer/contractor must ensure that drainage be directed away from and around the mound system. Access Please review again Exhibit E, Gustafson asks for more detail on the driveway grades for the northerly shared access to Lots 1 and 2. He notes the driveway will be very steep and asks for a 20 ’ landing with 2% grades at the intersection with Old Crystal Bay Road. He also asks that the large oak tree in the right-of-way be removed because it blixks the sight distance to and from, the driveway. Hennepin County shall be responsible for issuing the access permits for this curb cut. The City will also ask fer detailed grading p*ans for the encroachment of the designat^ wetland (drainageway) by the private driveway serving future residence on Lot 4 Once the access issue is resolved by the City and Council grants approval of a four-lot P*?!; the applicant will be asked to provide detailed grading/drainage/erosion plans for the construction of the private driveways. Parks/Trails At the April 10, 1995 meeting of the Council, Members also cc^idered the recommendation of the Park Commission. Council advised the applicant that the City for a 15 ’ trail to be designated along the west side adjacent to Old Cryst^ Bay Road as Outlot A). The applicant has also shown an open space outlot, Outlm B, of the property. Note the outlot continues through a designated wetland area. The City d not accept wetland areas within dedicated park lands. Park lands are usually taken over an areas. Some members of the Council preferred receiving the remainder of the park dedicatio in cash rather than fee title of land and only requested the 15 ’ bike trail outlot. The City Engineer asks that the bike trail be graded by the developer prior to residential development. He asks that a 10’ wide graded trail be installed immediately as a condition of the subdivision approval and if a wetland area is to be filled that applicant provide the mitiga i area on the site as it would be very difficult for City to obtain ^ future from fumre property owners. He also notes that any portion of the trail that ” constnicted outside of the road right-of-way or the outlot be granted to the City w an easement area. In any ease, the area of the 15' trail will be deducted from the ' ^ Of the undeveloped land. The City may either ask for an open space outlot or cash in lieu ot the land. Zoning File #2022 May n 1995 Page 4 Wetland/Drainage The City will ask that the desianated wetland be shown as drainage easements on the plat. As in an earlier subdivision application, the Types 1 and 2 wetlands not already designat^ on the City’s Wetlands Maps shall be protected with private covenants similar to the ones deve oped for the Old Crystal Bay Road Addition. This will involve Lots 1, 2 and 3. The City will as for 10’ wide drainage and utility easements along the perimeters of the property and 5 along the shared lot lines.'The designation of utilities may be omitted where wetlands are adjacent to the lot lines. Other Issues If the City is asked to grant variances so that this four-lot plat may be developed without an internal road, the City may consider asking for special buffer are« sin^r to those developed In the Sugar Woods plat. The applicant has already shown a 50 wide buffer with vanou segments reduced because of the location of tested septic areas. In these areas no trees can ever be removed or stracrures installed. Staff would ask that Members consider expanding the buffer area to include the 30 ’ side setbacks. Staff does not want the City to enter into such covet^ts with the developer as this proved to be a major problem for the City with the covenants of the Sugar Woods subdivision. The value of this property and the uniqueness of this property resi^ from this matute-forested area being retained. Clearculting of trees would devalue the pro^rW- Applicant ’s covenants must encourage maintaining the trees and restnetmg removal. Covenants must deiine under what conditions a tree may be removed within the buffer area. Recommendation of Approval Any recommendation of approval of this four-lot subdivision would have to be conditioMl based on the final resolve of access to this property. If the Council does not amend the C^e and refuses to grant itself variances for an additional residential curb cut on the Citv dnvew y, then applicant must file a new plat with the City providing an internal road. If-n is required, then the City can no longer ask for special buffer areas as a condition of approving the variance The City has no ordinances that restrict the removal of trees except for those areas within the 0-75’ setback of the shoreline of a lake or on steep slopes. Tb.e followmg conditions would apply to the current four-lot proposal: 1. Dedication of 33 ’ of right-of-way for the County road. 2. Dedication of drainage and utility easements 10 wide along the perimeter boundaries of the property and 5’ along the shared lot lines. Zoning File #2022 Mav 11 1995 Page 5 3. Designation of a 15* bike trail along the east side of the County right-of-way and the grading of that trail to a 10’ width. Preliminary grading plans are to reflect the mitigation areas if wetlands are to be filled. Council to determine if the remaining park dedication is to be taken in fee title or in cash. The City will not take wetlands as part of the land contribution. 4. The well on Lot 1 to be properly abandoned before final plat approval. 5. 7. 8. 9. Covenants to be created for Lots 1. 2 and 3, where Type 1 and 2 wetlands are located. Covenants shall advise future owners of the need to protect the wetlands and to contact appropriate agencies if they are to be filled or altered. 6. Applicant to confirm setback of septic system from east lot line of Lot 4. Preliminary grading plan to provide grading details on shared driveway to Lots 1 and 2 and single drive that encroaches designated wetland within Lot 4. In lieu of granting variances to subdivision regulations that would require an internal road to serve the four-lot plat, applicant shall create special buffer areas that would allow no tree removal or land alterations. A 50 ’ buffer shall be created around the exterior or perimeter of property and shall allow the encroachment of septic systems as shown on the preliminary plan. Applicant shall also grant 30’ wide buffer areas at internal lot lines??? Upon filing the current four-lot plat, applicant agrees to make any improvement to the City driveway located at the south side of the property deemed necessary by the City Council either through its ordinances or as a condition of granting variances to subdivision regulations by not requiring an internal road to serve the four lots. icT^DrvSoN APPLICA rio«CITY OF ORON Property Identification Number (PID) 0911723120003. Please check one - Propert)’____abr Attach legal description to application. APPLICANT Name MELAMED LAUER PARTNERS Address 1212 E. WAYZATA BLVD , Citv WAYZATA, MN_______ . ) 0911723120003____________________________ abstract or torrens? Trv7^hcc5 Phone (home) ZipjjS39i Phone (work) OW’N’ER (if different than applicant) Name LEONARD r.' CARPENTER Address 15500 WAYZATA BLVD #120 City WAYZATA. MN ________Phone(home) ZiP9939i Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District PROPOSAL Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ cm OF DRDHO FII^E OFFICE 135020m 01 CBi 425.01250200000 ^ ,01 CEH 200. C 1350200000 ----------- 01 QEH 200.0 - DECK JL 025.0 RECEIPT-7mK roo n333620 cool ROl 711 04/21 Division for Tax Purposes . Lot Line Rearrangement Only (no new bundling sites) Number of Building Sites Subdivision for New Building Sites Existing Units New Units Total Units . ^00 - C Proposed Gross Density Minimum Lot Size Proposed Use (check) 2.1 _ Units per 3 3/iAcres Sq. Ft. Dry Buildable Land Residential Other (specify)_______ 4 CITY OF ORONd* - 5?BDrVlSION APPLICAllUi> PROPERTY LOCATION ^ ,;-fuPlease check one - Property—^—aostra ------- Anach legal description to application. APPLIC.ANT Name MELAMED LAUER PARTNEELS. Address 1212 E. wayzata BLV^ Citv WAYZATA, MN OWNER (if different than applicant) Name LEONARD G. CARPENTER Phone (home) Zip«;s39i Phone (work) a73-?9aa Address 15500 WAYZATA BLVD »121 City WAYZATA. MN____________ (attach list if more than one) ________Phone (home) Zip 5^221. Phone (work) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District PROPOSAL Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ cjyy or<OHQ rmfiCE OFFICE 1350200000 01 ££V 425. i 1350200000 ----- 01 CEIi 200.. im Tir I^ECSIPT-THm^YW H333S20 cool ROi Jl 04/2. A _ ------------------------■ Number of Building Sites Division for Tax Purposes ^ a Lot Line Rearrangement Only (no new buildlmg sues) Subdivision for New Building Sites <^jL.iJu3: 1____Existing Units 3 New Units ^ ' c 4 Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) 2.1 Units per ? 3 / ^cres Sq. Ft. Dry Buildable Land Residential Other (specify)_________ ROBERT L MELAMED 1212 East Wayzata Boulevard Wayzata, Minnesota 55391 (612)473-2588 Mays. 1995 Members of the City Council and Planning Commission City of Orono PO Box 66 Crystal Bay. MN 55323 Ladies and Gentlemen: I am writing this letter prior to the public hearing at the Planning Commission meeting on May 15,1995 concerning our application for subdivision of the property on Old Crystal Bay Road currently owned by the Leonard Carpenter Trust One of the variances that we have requested is the variance to your ordinance that requires the upgrading of a private driveway to city road standards whenever more than two residential units are to use that driveway. At the last City Coundi meeting v^ere there was an in-depth sketch plan review. I was told that inasmuch as the City is the owner of this driveway, it would residential units that may share a driveway prior to its needing upgrade. I plan to attend the work session on Wednesday morning of this week to work on the code revision since naturally I am interested in its outcome. In any event, my filing of the preliminary plat and your holding a public hearing in that regard should not be hampered by the driveway matter. In the event that the code is not revised prior to the filing of the final plat and if you are unable or unwilling to grant a variance to the existing ordinance. I will agree to upgrade the driveway as required. If anyone has any questions or wants to discuss any of this with me further, please dont hesitate to get in tou^. I can be reached at my office at 473-2588 or at home at 476-1212. Thank you. Sincerely yours. lobert L Melamed Melamed Lauer Partners RLM/tlw Mv*d:orono.docS/9/96 AW RUN OATI 04/lVM MOMEPZN COUNTY raOPCRTY XNTOimATXQN SYSTIN RROKRTV OMCRS LISTMTCN SOI. «ADOR ' OMR NAHC V.TAMRAYER ' NMC/AOOR•tV *’ >•.SO OY-117-23 11 0007 'OOOSO AOORESS UNASSXONCOCITY OF ORONOCITY OF ORONOSSS ORC»M ROCRYSTAL SAY m SSS2S• * •••' •• ; Vr*. ;• •i... FROR AOOR > OW«R NANS . i•< TANRAYCR .' > MME/AOOR M 09-117-tS 12 0001 OOOM AOOOCSS UNASSXONCO 0 i B BUST QC0B6E A BUST 820 OLD CRYSTAL BAY RO NAYZATA Itl S539I ’*'* • 'y PROP AOOR (MCR NAHi ^ TAXPAYER '' NAHC/AOOR r . SB 09-117-2*> 12 0004 00B80 OLO CRYSTAL BAY RO NiTRO NASTC CONTROL COW HETRO NASTE CONTROL COM S50 METRO SQUARE BLDQ ST PAUL Ifl S5101 1 - V .'ii:: • !. Av-.'V * PROP AOOR ONNER NAME TAXPAYER NAMC/AOOR • : •• V. ' sa 09-117-2S 21 0001 00B2S OLO CRYSTAL BAY RO S J N i E J DAYTON JUDSON H DAYTON TCP TONER «860 MPLS m 55402 s. y PrtOP AOOR ONNER NAME vr^TAXPAYER 'NAMC/ADDR /' *’■ I .». TOTAL BATCH 501 00012 ‘> * V '* V-* »*r • ., • ■* • ' • IT • • ' 5,'? • I • •» I' SS 0f>117-2S 11 0008ooYoo olS crystal bay RD SELIZABETH HELAHEO ELIZABETH HELAHEO 1000 OfLD CRYSTAL BAY RO S NAYZATA HN B5SY1ROBERT A ROBERT ASB 09-117-ZS IZ OOOZ 00840 OLD CRYSTAL BAY RO S A J ELLIS A J ELLIS 840 CRYSTAL BAY RO NAYZATA m S5S91 SB 09-117>ZS IS 0004 OlOZO OLD CRYSTAL BAY RO S RENOALL ELLIS KENOALL ELLIS lOZO OLO CRYSTAL BAY RD S NAYZATA m 55S91 SB 09-117-ZS Z1 0004 0090S OLO CRYSTAL BAY RO S L Q CARPENTER ET AL LEONARD 0 CARPENTER 15500 NAYZATA BLVO B1020 NAYZATA HN 55S91 • r . . . .. . • »•* • * B REPORT NO. PI4S5401 PACE 1SB 0V117-2S 11 0009 01000 OLO CRYSTAL BAY RO S ROBERT i ELIZABETH MELAMED ROBERT A ELIZABETH MELAWO 1000 OLO CRYSTAL BAY RO S • NAYZATA HN 55S91SB 09-117-2S 12 OOOS OOOSB * AOORESS UNASSXGNEO L G CARPENTER ETAL LEONARD 6 CARPENTER 15500 NAYZATA BLVO B1020 NAYZATA m 55S91 SB 09-117-2S 14 0001 01100 OLO CRYSTAL BAY RO 8 R J GUmiT A P H GRAHAM ROBERT GUMNXT/PRANCES GRAHAM 1100 OLD CRYSTAL BAY RO S NAYZATA Ifl 55S91 SB 09-117-2S 24 0001 02B65 NORTH SHORE DR NENN CO PARK RESERVE DIST HENN CO PARK RESERVE OXST RTE 1 BOX 294 MAPLE PLAIN MN 55S59 i i .$ • f RUN OATS 04Av/?«0BATCH 501 HCrtCPXN COUNTY PROPERTY XNFORHATXON SYSTCN PROPERTY OMCRS LIST f\%• % r \.• •. • **. .. * REPORT NO. PACE PZAlSAOlt ‘ 4 ^ X • • Xl■. ' A? '• ■ ■ ' .V • -■ •* S • • • j.■ . .1. - ■ ;‘- • « * • »• " • , 4 •* ‘r ' toC5 • V 4\V '. . * ^ J -. .■s ( V'*"'Vn Y;'' YV:’ ‘V' -• • . ■ ■ -V:• * y‘.\: -V-. ‘ i- • * -i *■ • • vVv ••‘V ::V4.W . I*-. - • ^ .-* .i* ) M/v ' ' 1 ■•/■'.Vj*:- ' iY'r '. /l ■-.•■! •l'"' * I'yt .■>;■ . i*'' T’-'- ti • •• ■■ • . . I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF NY kNONLEOCE AND BELIEF., , U DATE t'.', • .5- I. . 4 ::Y. Y r-Kr V4# • . . J V • * . • V.* • *• / v. •• *, *V- ^ V ; 'w»,v.:;a. ,.vv'-V .«.. ‘ ^ vr;* : *'•’- ■ j*. • »/• * •.i I* *• V t *.• .• t ! - ‘ i = • ! • • •• C ■ * • ’ii r •' ■ V.' * »f ' . .>• •. J/^1 Bonestroo rS Rosene AncSerlikSc fvJI Associates Engineers & Architects May 8. 1995 Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 Cr>'stal Bay, Minnesota 55323 Re: French Preserve File No. 139-2022 -.V ' • .••• I , f * ' VV • / •. *. '•*, t ,<4 “ *. y*'* •• **• '•• • • • • ••• ...'I • *1 «• •• V . »• -V * •* f • • • • I fc* ^ • . , , • • •• 1» , • • • •• , I * •••■ " •• ’J. . • A ‘U >{* . • f JJ Mr - ••• \ A ‘ .1 »!.l •• «« * • .!■:% *i“.—I*. ^ • » • '..U.V ; * • n . •• • • >*/»• t V.4- • • > |X«v ^ I* f i y . I ^ V •« . -- V M -*. rt ^ • A •/ .. V • V-., «, ,1 Dear Jeanne, for Melamed-Utier Partners weLTd^idAr.: T.‘ a drainage appears adequate. Drainage must be directed awav from 4 :u ^ ! inters.^UoTwithOlfcXlBatl.Td^rr'n*'^^^^ « the removed because in blwks siah^ distaneJ^ I"** O®* tree ui the nght.of-way should be should review the driveway access. Hennepin County abng'anlTlinlrl!'and^tTet*^^^^^^^^^ "* °<y f«* ''•‘de easements should be provided over the wnUnd meas"* drainage Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO. ROSENE. ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E, 'crry 2335 West Hiahw^v 36 • g>,M cc„, . / TO:Jeanne MabusUi, Building and Zoning Administration FROM: Stephen Weekman, On-Site Systems Manager DATE:May 4. 1995 SUBJECT: Subdivision application #2022, Robert Melamed - Septic Review The applicant proposes a four lot subdivision requiring the use of on-site septic systems. Soil testing has been provided by S-P Testing for primary and alternate sites on each lot. Review of the soil testing has been completed and meets all City and State Codes. The City will require a 26’ septic system setback from several Type II wetlands identified during the subdivision. A 75 ’ septic system setback is required from Type in, IV, and V wetlands (wetlands with standing water). Also, a well noted on lot 1 must be properly abandoned before the septic system may be installed. Based on the soil testing alone, I would recommend approval of the application P ................ ' n d^n9^d) '• ^fiLUiUii^ fiai^ £u<J_ 3/2^ S~p^t^ ^zf}/7)/ssy^ na-i>^ y?^ Pif/ ^Ud'f-d/P/Wl). T^77ic oj^i^-iPii /x^ /)4-*7^. "r/-^s£/'/‘^' dr\ pr/■ JL x/x Q.^-u-f'^-d-^-^ PjlPcP/- yy^-c. Jd-i^n^ "' P/^^-<L&.rt*^ " yuuA- 7kd-^p-if^ ■ Ji Janet A. McMillan •.'£*=C=C.'Tif. -i=<S i!.r :==•• SP~C: ccvv* SS'CN ^274 •ea'v.ooc Place Long LB»e WN 552:6 ?-36 tei2i 4*5-:'33 (H; (612' >23 7-a (O' * •rr-! / - SncitwT • Cor»ii**usd) IS” concern on die landoivner's . amendment would noi hinder their time representatives were intonr.ed tnai a s frame tor the project. rtiitrt need to be held prior to rezonint^ which Mabusth reported that a „p„ons would be presented, one option needs a 4/5th majonw vote M^ustn s commercial, an amendment of resident.al code and the other w.th a zo g specifically to look at B-t code. •„;on orre7nnin2 to B-4 commercial with the Callahan polled the Council on their op lookinc at this option and would like to requirement of a CUP Hurt was not 0PP°«'^ ^Mabusth reported that hear from the public Goerten also was no. the pubUc hearing wouid be by I 8 ^rs“ ow, «■« c»... The public hearing will be scheduled for May. ( le puDiic neaniig >viu wv ------- 8) USE OF Cin- DRIVEWAY FOR ACCESS TO PRIVATE DEVELOPMENT (MELAMED) Mr. Melamed was present. The issue before the Council ^“ fs-e”' allowed access via use ^ ® ‘ - Crystal Bay Road and on the north side of the trees, -m, iVnnt has reviewed option two with Hennepin County DOT, who has apPfoy^ 'eSrt "ne shared anS the other to serve lot 3; lot 4 shall achieve access vta the use of the City drivew ay. vr 1, «dd that the ^ssue is the code requirements if City drive were to receive a tUrd ^ d cm T^e Ciw's desire to keep the drive private would be tmpacted and l^g more traffic into the park area. CouncU is first asked if they approve an additic nal irb cut and what upgrades of drive would be requested. rred use oi xnc v.ujr «i..w for a curb . , 4 r.ini .eported that he preferred that lot 4 cut for a shared drivc'.vay ser\ang lots ^ wildlife area and avoid not be developed. This would eliminate P problems with entenng the developmen „ .' request was outside the Dedication fees be used .o purchase p„peny .s to be developed, parameters of the Park Commission o were on the use of Park CaUahan asked Flint if lot 4 were to be would be to add land from Dedication, whether to ask tor land or ^ w ould involve 8% of the land, "1" s'—-I... no, due to the wooded areano, due to ine v^ouucu Jabbour strongly optned thM the Gty current use of the Cty^owt'^h: u« rh^llw dTe in tnntntaln.g its passive, private iooiu • * netd“eto “ai?t^^^ wardship for the use of the Cit>- dnve. Hun commented that she did meeB SdTand accea is the development was a good use of^ „egaUvely impact only problem. It was p Dedicanon fee be received instead of land as the Lstem border could be buffered by landscaping. Ulw -------- Melamed coi^ented Ro^i^ A^^^^"ent given across lots 3 “dTvnUr^rc^tTof Old Crystal Bay Road would resuh in the loss of the forest«i look, which the preferred option would mainiarn. i^:SoTd:«the road. This hrmtation does not the MC\VW pump station and the park, inese uses fl- xfiNItTES OF THE REGULAR ORONO CITY COinSCIL MEVUTES^OF^^^ Qj. ,9,5 M' (;^8 - City Driveway - Continued) 1 4 cr ;c already in place for emergency vehicle turnaround. Hurr commented that a cul-de-sac • j problem. Jabbour responded The quesnon in her mind look lx changing the code. It was that he saw no hardships and the linjh on a curb cut would be contrary to the questioned whether the ordinance controls the comprehensive comprehensive plan, barren icauwi plan. Callahan said he was not opposed ofupgrading the road ?;;e^t “sa"c.“she“r"/to - solved by amending the code, then she would be open to that idea. The applicant's goal waa to get a or a change In code. City drivew ay could be accomplisned. ^ covenant would be needed to preserve Melamed also asked tor the f ^,het deeding the land to the City Council asked Flint about the vmefoS^‘‘lan'dlTea« that the commissioners were sp it on t defeated 3/2 at the Park side of the property to p^rovide land available; one to blacktop the shoulder or Commission meeting. Two op^o^s felt it was better to XltoC-t^or^ng » easement was difficulty A vote of 5/0 was made in favor of this option at the last meeting of the Park Commission. Flint and Wilson. opinion of keeping the entran T° • t l ^„o thf> rode Council recommended on the east side to create a buffer. WETLANDS DATA John C. Anderson 5831 Cedar Lake Road Minneapolis, MN 55416 Office Fax (612) 525-2003 (612) 525-2015 V\/EJLAND delineation report FOR: ROBERT MELAMED i ORONO, MN WETLANDS MAPPING • ONSITE DELINEATION • CHANGE ANALYSIS a 1 1 1 m 1 1 m 1 j '•S j j 1 I 1 check sue. Dominant spec.es are Red Pine (FACU) and Smooth ___^ erMi Qiirf^rp hvriroonv Gvidenc© is notBrome fuPL) Sous are Lester, an upland soli. Surface hydrology evidence is not met. Site is not flooded, ponded or in a wetland drainage pattern. T"r3ns0ct 0 This is a Tvoe Three (PEMiC) wetland checksite. Dominant specie is Reed Canary Grass (FACW+). Soils are Hamel, an upland soil. Surface hydrology evidence is met. Site is in wetland drainage pattern. TrsnsGCt B ^11 This is a Tvo"e One (PEM1A) wetland check site. Dominant species are Red Pine (FACU) Black Cherry (FACU). Reed Canary Grass (FACW+) and Moss (FACJo OBL). Soils are Hamel, a wetland soil. Surface hydrology is met. Site is in wetland drainage pattern. This is an upland check site. Dominant species are (FACW-) Black Cherry (FACU). Kentucky Bluegrass (FAC-). Smooth Brome (UPL) and Reed Canary Grass (FACW+). Soils are Lester, an upland soil. Surface hydrdogy evidence is not met. Site is site is not flooded, ponded, saturated or in wetland drainage pattern. Th^s ts a Type Three (PEM1F) wetland check site. Dominant species are Cattails (OBL) and Reed Canary Grass (FACW+). Soils are Glencoe, a wetland soil. Surface hydrology is met. Site is ponded. TNs ts a Type Three (PEM1C) site. Dominant species are Green Ash (FACW), Reed Canary Grass (FACW+) and Northern Blue Violet (FACU) . Soils are Hamel, a wetland soil. Surface hydrology evidence is met. Site is in saturated and in wetland drainage pattern. Transect C.#lll ^ ^ ^ ,r-Ar^\M\ This is a Type Seven (PF01B) site. Dominant species are Green Ash (FACW), Swamp Fly Honeysuckle (OBL) and Northern Blue Violet (FACU). Soils are Hamel. wetland soil. Surface hydrology evidence is met. Site is saturated. Trees shoe physiological adaptations to prolonged saturation Transect C.#IV /p-a/^xaix This is a Type Seven (PF01B) site. Dominant species are Green Ash (FACW). Swamp Fly Honeysuckle (OBL) and Northern Blue Violet (FACU). Soils are Hamd, wetland soil. Surface hydrology evidence is met. Site is saturated and in wetland drainage pattern. Trees show physiological adaptations to prolonged saturation. I : I I I I I ! I i .. I f I I I I I I I [ I I Transect C.#V This IS a upland check site. Dominant species are Green Ash (FACW), and Northern Blue Violet (FACU). Soils are Hamel, wetland soil. Surface hydrology evidence is met. Site is saturated. However, this situation is likely due to recent rainfall events. Site is not in wetland drainage pattern and trees do not have physiological adaptations to prolonged saturation. Checksite D. This is a upland checksite. Dominant specie is Reed Canary Grass (FACW+). Soils are Lester, an upland soil. Surface hydrology evidence is not met. as soil is not flooded, saturated or ponded in wetland drainage pattern. Transect E.#l This is a Type Two (PEM1B) wetland checksite. Dominant specie is Reed Canary Grass (FACW+). Soils are Hamel, a wetland soil. Surface hydrology evidence is met. Site is in wetland drainage pattern. Transect E.#ll This is a Type Two (PEM1B) wetland check site. Dominant specie is Reed Canary Grass (FACW+). Soils are Hamel, a wetland soil. Surface hydrology is met. Site is in wetland drainage pattern. Transect E.4flll This is a upland check site. Dominant specie Red Pine (FACU). Soils are Lester, an upland soil. Surface hydrology evidence is not met. Site is not flooded, ponded, saturated or in wetland drainage pattern. Transect F.m This is a Two (PEMIBd) wetland checksite. Dominaht species are Red Pine (FACU). Red Ozier Dogwood (FACW) and Reed Canary Grass (FAW+). Soils are Hamel, a wetland soil. Surface hydrology evidence is met. Site is in wetland drainage pattern. Transect F.#ll This is a Type Three (PEMiCx) wetland check site. Site is located in excavated drainage ditch. Dominant specie is Reed Canary Grass (FACW+). Soils are Hamel, a wetland soil. Surface hydrology is met. Site is flooded. Transect F.^lll This is a Type Two (PEMIBd) site. Dominant species are Red Pine (FACU), Red Ozier Dogwood (FACW). Pussy Willow (OBL) and Reed Canary Grass (FACW+). Soils are Hamel, a wetland soil. Surface hydrology evidence is met. Site is in wetland drainage pattern. I J 1 1 I I I I i 1 tl 1 J t. ] I J Transect F #IV ^ This IS a upland checksit©. Dominant specie is Rad Pine (FACU). Soils are Lester, an upland soil. Surface hydrology evidence is not met. as soil is not flooded, ponded, saturated or in wetland drainage pattern. Transect G This is a upland checksite. Dominant species are Red Pine (FACU'i and Reed Canary Grass (FACW+). Most of the ground surface is covered with Pine needles. Soils are Hamel, a wetland soil. Surface hydrology evidence is not met. as soil is not flooded, ponded, saturated or in wetland drainage pattern. TransectG.#11 „ ^ v This is a Type One (PEM1 A) site. Dominant specie is Reed Cana^ Grass (FACW+). Soils are Hamel, a wetland soil. Surface hydrology is met. Site is in wetland drainage pattern. Transect G .#l 11 . . _ This is a Type Three (PEMIC) wetland checksite. Dominant specie is Reed Cariary Grass (FACW+). Soils are Hamel, a wetland soil. Surface hydrology evidence is met. Site is in wetland drainage pattern. Trensect G ^IV _ This is a Type One (PEM1 A) site. Dominant specie is Reed Cana^ Grass (FACW+). Soils are Hamel, a wetland soil. Surface hydrology is met. Site is in wetland drainage pattern. Transect G.#V _ This is an upland check site. Dominant species are Red Pine (FACU) and Smooth Brome (UPL). Soils are Lester, an upland soil. Surface hydrology evidence is not met. Site is not flooded, ponded or in a wetland drainage pattern. ] h ffz fJcn-UK Atfir ckeJ=tt^ I 'a. ^950' ____^ Ky, —"“”1 *^|v;\v ^ y .A -i-—\1 '1 in fj£ ^>..^.^ _ ^ - i ii« • ■ -CTtec- T-i vrrr* ^?r i» AvX\kI A*-®\' ^' 1 y i;S -w li^ 9wsm^- v»‘" >0tmi 940 • , / .'- . V ;» 0 / .. i / i « '■ i • • i c:? p o ^ *£ 5 a R i ______________ O t _t___ riV m A ^ ‘ i 4- • ^ V?. 0*1 • • to _Aj___«JOL 3Ko to t ? t. Ozr 0)o •0rn JO Zo <? 5 f H g ^ fo tr» ^ ■>< Vi I cp§. 2o 3C Q o If 0o k\\ • * ^ I - WAVZATA. MIN<^K«0TA <ata) AT«-^oo9 Mav 15. 1995 SENT BY FAX TO 473-0510 Members of the Clt>' Ccur.cil and Planning Commission Cit>' of Orono P.d. Box 66 Crsytal Bay. Minnesota 55323 Attention: Cit\' Council. Planning Commission, and Jeanne Mabusth RE: 920 Old Crystal Bay PreUminary Subdivision PubUc Hearing Dear Members of the City Council and Planning Commission: We Bav Road m0 matters: ^e are writing to comment upon the proposed subdivision at 920 Old Cryst^ id. We viewed the maps at City Hall and want to comment about two specific First, we urge the city to grant itself a variance rather than changing ^ the city's ordinances. What better re'ason is there to grant a variance than because of the specific circumstances of this case: French Creek Preserve is a special msUc place that should not be despoiled with a big roadway. All efforts should be taken to preserve the quality of the Preserve. That Includes maintaining the specif character of the the roadwav consistent with the area. It would be even more desirable if the land- owners could give some additional land to the city for the park and maintain more open space, but In the absence of such willingness, please do grant the city a variance and maintain the character of the roadway. Second, the developer should not use the word "Preserve " for the development. It Is confusing and potentially misleading. We would urge that all reasonable efiorts be made to maintain the trees and wetlands on the properties. We had hoped to see the acreage become parkland connecting the Preserve and Noerenberg Park. If that is not to be the case we i^ge that the l^d be used in such a way to preserve the character as much as possible. Hennepin County Is changing and the character of Orono. If sensitively maintained at least In some areas could constitute a great and ongoing legacy for the entire countv. Or Orono could become Just another group of houses (albeit expensive) . I wish each ot vou could visit Canberra. Australia and see the sheep and other farms that are a permanent part of the city separating developed areas. This planning assures that Dcople do not lose the si^t and sound of the countryside. There are so many communities in the United States that lose all character and become Just another part of the suburbs. We hope this will not be the case for Orono. Sincerely, prances H. Grah Slnccrel R6 iccrelv: /// .^ \ /\ mestj TES of the planning commission WORK SESSION HELD ON MAY 10, 1995 THe Orono Plannins Commission held a work session in the Orono CouncU Chambers on May ^wnGoffson Also in arrendance was James Cox Assr. Fim Ch.f for Long Lake. Robert Melamed of 1000 Old Cr>stal Bay Road South was also in anenda . Chainnan Pererson called .he ^Ci “'s ^^^a^ ^ of the work session was .0 “'“'f Jd dhecred the staff and Planning road policies and regulaiio . _|,,d,er the requirement of a paved private toad when three Commission to ^ the reViremen. should only or more restden.tal lots I, was noted that in the recent Melamed mqi«° *rcU Councdairf Park Commission recognised that paving the “isting Ci^ owned drivewav servinv Melamed’s two homes, die MWCC pump station and Je French Creek Preserve might create an aesthetic impression contrary to the intended Namre Preserve . S^^ever toause Melamed proposes to have one additional driveway servmg wo,“^ditiorul reX:^; us^g Utis City drfvew^, dte current threshold reached. The Council e.xpressed reluctance to, m a sense, grant itself a varianc . r.ffron noted that Mr Cox Mr. Sullivan and Mr. Gustafson were present, representing their Spective disciplines to assist in answering questions and express any concerns they may Itave regarding health, safety, welfare and functional concerns with roads. D th-iniced Mr Cox for ;• ndine and requested his comments on the fire department’s abT.; to" rono as it irc^rrently^being developed, Cox made the following comments: Orono's relatively large and relatively taU residences present a number of problems for the fiie department. requires one 2,000 gallon tanker arriving at the site every three mmutes. This creates immediate access problems on private driveways private roads, since some fire trucks are as much as 9 wide, a^ two tru passing on an access road would require most of a 24 ’ dnvmg surface. 1 ‘M - MINUTES OF THE PLANNING COMAIISSION WORK SESSION HELD ON MAY 10. 1995 . Further, the long narrow driveways without a suitable loop make traffic at the fire site extremely difficult to control. . of the height of homes, roof ladders are some times not capable of reaching the critical areas for venting. . He would certainly encourage the sprinkling of large homes when they^e commtcted. As an example, he noted the 30,000 gallon storage ^ required by the insurance company for the Jundt property on Bracketts Point. . He noted that the width of the gravel base of a private road or driveway is of »re.ater importance to the fue department than whether or not it is paved, ^e fire deoartment has had to pav for damage to paved areas on private property. Zd ie^urance does not specifically cover this damage they might cause^ Thly have also had to deal with claims of damaging trees and land^apmg durmg their fire fighting efforts, due to running over them with trucks or draggmg o around them. Peterson indicated that it had been Planning Commission's impmssion^^OT^^^^ were “^equate. Tild parWn^^a immediately upon arrival at the suggested capacity. Mabusth suggested that perhaps as « SLTTCti nglg vehicles L increasing in size, our road needs may need to follow suit. use of unusual equipment such as a snorkel for shooung water down at a fire. He mdicate would be helpful if more large houses were sprinkled. liability for damage to the road when it is not paved. Lindquist noted that ±e pressure on die City for continuing is thi they make for good neighborhoods a^ eliminate c^c^Ls^nlering tom opposite Countryside Drive East and West, where the City allowed cul-de-MCS em g ends, but not connecting to make a through road. for Ae firVdepartments. Peterson favpr heard that our 80’ cul-de-sac standard is a problem for the tire aepairocn . j suggested maybe this strengthens the case for platting and developing more larger, ofcul-de-sacs. Cox indicated that would be bener than making the cul-de-sa )v. > MCSXTES OF THE PLANNING COMMISSION WORK SESSION HELD ON MAY 10, 1995 He also indicated that Ion- narrow private driveways serving many residences are the biggest probtm “ e so iimiL *ey often mus. lay ,rea. lengUss of hose between Use tankers and the house. Roben Melamed of 1000 Old Cnsul Bay South arrived and was offered the oppotnmity to comment. He indicated that Cot^lsion aTite Cru'ncft haJa problem with the aesthetics of requiring a paved road, and that is why the Planning Commission is on this issue. Chief Sullivan was asked to commem. He noted that long private driveways are a bigger to pass, and if a poll q blocked in and prevented from further arriving ambulance or ^eSes Ich is especially critical because we often Trul* have" wo officers on duty in the City. Sullivan suggested that if possible ZCZXZZZ arcuirJi-etT from a crime and safety. desirable for neighborhoods. He also noted that cul-de-sacs and loops are more patrolled than private driveways serving many residences without an easy turn around. noted that the police do patrol private roads. Peterson noted that it is unlikely the City will be e.xtending municipal water in ^ future, hence there will continue to be a need for tanker trucks. Cox note ^ ^ ^ driveways require long hoses which need to be of greater diameter, and are oigni i y exnensive He suggested that driveway lengths be limited, and as driveways get XTnstruc^^^^^^^^ for fire access. Further, more open space by the house is needed when a longer driveway is involved. Peterson noted that the City often gets variance requests for am relate ctose together commonly in the Navarre area and urban areas near the lake. Cox ^ hnliHinai are close together a water cunain must be established between houses, which agam uses more w^tt XTsuggested maybe the City needs to look differently at stnicmre separation in areas that are not served by hydrants. Cox agreed. Lindquist summarized that the fire department is encouraging a driveways or roads that serve two or more residences, that pavmg is not as impo^nt as Mv^ng a solid base, that loop roads are better than cul-de-sacs from a fire safety . . roK Lcs 1 in nirn bener than long narrow driveways with no turn around. for his input, noting it is a rare occasion that the Planning Commission gets e e from the fire department. 'v. - MINUTES OF THE PLANNING COMMISSION WORK SESSION HELD ON MAY 10, 1995 , . j mrrpntlv in effect for roads and driveways. Gaffron MeSthat Lre are no standards for driveways serving one or two residences, that a private ::^ad ^rvtng three to sU units re. r^vT^rg^rerhl^ road require -S of the toad to the cul-de-sac. Lindquist questioned maintaining the width from *e be=^= I ^ Melamed handed out a plan where the ,he possible cul-de-sac locations. Lindquist noted that of his proposed division a p a ?4’ paved width and 80’ diameter paved cul-de- “^^Ge^n'^^t^idTeMlg gravel drWeway was probably somewhat less than 20’ in width. Citv Engineer Shawn Gustafson offered the following comments regarding toad standards: • He and Glenn Cook be»ieve that the current standards have served the City well over the to ten years, and they generally feel the standards should not be weakened. . The first aspect they normally look at is safety, which has been addressed very well in today’s discussion. . Maintenance is also a primary concern, and a 12 ’ driving lane each direction is generally a minimuni standard. . At less than 24’ total paved wid*. vehicles tend to drive on the edges of a paved ^rface and tend to break it up more quickly, requiring mamtenance sooner then for a wider road. . The paving standard for a 9 ton road that wouldn’t buckle under fire truck, would be a relatively minor increase from the current standards. 9^ o would require 4" of bituminous with IQ- of grave*, as opposed to Orono s 3 /» current standard. . Their experience has been that if developers only build gravel generates many more complaints from residents who find that *e cost ot grave^ road maintenance is extremely high, and that the short tnp from <he^ drivewav over a eravel private road to a paved public road, becomes a nuisance. 4 • The cost to maintain a gravel road over a period ot ten to wenty years ts ^en° V equivalent to ±e cost of pavUtg the road at the outset. From ^ e'S^mg standpoint, the City should look at the long tetm needs of the resident. From an encineering standpoint, the City should start with a strong smndhrd^nd , f~ > -c fh«» need iustifies rather than having a weak standard. While an urba^n Citywill likelv have absolute standards, a rural City such as Orono can he flexible a^d use good judgment for granting variances to the pavmg reauirements when necessarv'. In an urban City with small lots and a tv'pica urban grid street pattern, standards must be absolute and all developed to the same standard. In Orono. however, there is room for sigmficant tle.xibility. He recommends continuing w.th the24' width that roads An 80- minimum diameter is the minimum for mainte^e by City but a 94 ’ paved diameter would better accommodate fire trucks, mo mg etc., using a 110-120’ diameter right-of-way. Peterson noted that the road serving Melamed and use, but as the Preserve becomes more well known, traffic wiU increase. mmmmmm E^girrS^r ^ "tore appropriate than changing our standards. Nolan indicated tliat access to subdivisions is continually an issue, and that it is a man ^sfSdamed-s subdivision. Nolan indicated he agrees with the engmeer ^ should strive for paved roads from the start, granting variances where appropna e. arnot a" predictable as paved roads, for instance during the sprmg thaw, and gravel minutes of the planning commission WORK SESSION HELD ON MAY 10, 1995 “ “„°s: K,.r s residents have a conimui g decide at what level the standards should be be decreased, bm ^ nostalsic. from an access, dust control, and runoffimplemented. W hile gravel roads are more ^^e should standpoint, paved roads are pr drivewavs serving small numbers of homes,probablv develop minimum standards for long drivewavs ic develop under the standards. perhaps the shared portion of a sh ^ ^ driveways. This e:: freq^r^eTor;^^ LTe subdivision off of Nor^ we™;" mI™ su^Uti Oi’a. the City' also get input from the Wayzata and Mound fire departments on this issue. Mabusthaisoashedwh^rt^P^^^^^^^ added to a narrow road, the higher the risk that ftre access would be inadequate. irNf It the end of a orivate driveway already servmg half a dozen ho, es. |; -ts suoa L Drivat^ nveway serves eight or nine homes, without being brought up to noted that in he past, this type of development has not ^ f^t^” e need to'^te looking perhaps should be. Nolan felt it would be aPP^Pnate. Lindquist fdttta^^^^ at standards ne«. for each of the various number °f h„„es on 300' closely at how various criteria relate to each other For mst^c^sno of road be subjected to he same standards as four houses on 1,-00 look the many combinations of critena in simations could be confusmg. Lindquist sugg foSrcitteTfor standards and not reinvent the wheel. Gaffron noted that mother cities codes he has reviewed, the standards are not consistent from city to city. \ • ^ MINUTES OF THE PLANNING COMMISSION ™ SESSION HELD ON MAY 10, 1995 fh^ PHimins Commission discussion had led them to a conclusion Peterson questioned whether viftnHpH Mabusth sue«^ested that while that may be the totally opposite what the Counc, had p,serving the riahts of a rown« “:::rhe'':ouM^r^^ j^hhour and perhaps othTsTo druss ^rr«ults jfthe work session and detennine whedter the Counc.l wanted Planning Commission to continue on this route or drop it. .a U m look at a combination of criteria. Berg commented as an Nolan reiterated that we need to narrow for a tire truck to get down, due example that the road >n Walters P^tjiear h^^^^ ^ to the width and the tight cu . Pneineer and Public Works Director were in favor ofmake the bend. Peterson noted the City Engineer and ^mic^^^^ public roads built to mimmum ^ standard Tlie Planning Commission appears to Sr o"d^i:; "discuss with Council whether they should proceed further. The work session concluded at 9:15 a.m KETCH PLAN FQB .lOD DEVELOPME1 E1/4 OF SEC 9-117-2 1 COUNTY. MINNESOTI ••••!• •••• m N»Uff /Utft*->4rf /f0r>< f/rf" .: I -28-95 r* = 100* A & GRONBERQ, INC RS . LAND SURVEYORS PLANNERS \ •• \\o,i-/ . I' ( 1 /I /■\ N ^...'■>'% \ 'V • •/ i \^^4 l '■•Ml >• L \i •/< / [/ /-M /li(/|/ L\ kj /1 • I •'/ A V Mi/i.; • I / v«( ’'/ l/. \ I ,\ / \ \ \ \ \ / / /./ V.'. /.U ^ \ \ ) / /o« i \ \ \ \ XrffW*^' ^ • *• ■' vV^-~^ I •>- -"■ N 'Lnx ' \ \'\ X \ TA A M ' • 909^ 0^ \ % * •<•✓ % J • ••• -m. . \ V \ N rsx^ iift i r k*««* ••••............................ I • •• • • • , Jun Oo’^S 16:13 No.006 P.C2 June 6, 1995 MELAMED LAUER PARTNERS 1212 East WayzaU Boulevard Wayzata. Minnesota 55391 (612)473-2588 The City Council The City of OtTjno P.O. Box M Crystal Bay, MN 55323 Ladies end Gentlemen of the City Council of the City of Orono: This letter is to better acquaint you with the preliminary plat which we are asking for your approval on at the June 12.1095 regular City Council meeting. You will note that in aeconfance with your request a 15 foot wide outlot has been created along the west prepay line as part of the park dedication. Further, out lot B has been created on the east line as an add^n to the city park and the high and dry portion of out lot B when added to the acreage, high and dry of out lot A totals 1.20 acres or 8% of the total property area. In keeping with the request of the City Council at your eanier meetino on this matter, no grading of the bike trail should be conducted on this property unless and until a final determination o miiQO u to tht routino of tho trail ond •OQuisiUon of unds to ttio north ind south ora accomplished to connect this bike trail to existing trails ebewhera in the community. You wn note that in accordance with your request, we have provided buffer zones on each aide of all of the internal property lines along with the buffer zones surrounding all of the property to minimize tree removal and vbuai impact of thb development upon neighbors as well as passersby on County Road 84. In a meetino with Hennepin County personnel on June 8th, it was determined that the large oak tree on the west side or the property, actually on Hennepin County rIght-oPway, will have to be removed and there does not appear any way around tt. The county has approved the ^rb cut for tho common driveways serving lots one and two and will be corresponding with the City directly to that effect. The county abo strongly supports the shared driveway entering off from the City driveway at south end of lot three rather than a curb cut off of Old Crystal Bay Road (County Road 84) for safety reasons. The wetland crossings are indeed minimal and fall under the Minnehaha Creek watershed district 400 square foot minimum level and therefore wlU not require mitigation. As w have said earlier, we will change the name of the subdMsIon to something that does not include the word "Preserve” and will seek staff approval for the name prior to the filing of the final plat I look forward to meeting with you the evenir)g of June 12th. Sincerely youi [obertL Melam Melamed Lauer Partners RLM/tlw Miv#d:orono1 jdoc6/6/06 POPHAM HATX MEMORANDUAl 3300 Piper Jaffray Tcwer 222 South Ninth Street Miancapolis. Mianesoa 55-J02 (612) 333-4300 TO: FROM: RE: DATE: Jeirnd Mabusuh Thou'.as Powor of Ciiy to grant a variance to itself Mav 26, 1995 Jeanne, vou have asked for a brief discussion of the City’s power to grant itself vanances from its* zoning code. Nothing in the state statutes prohibits a City from granting itself variances under Lhe same procedures which apply to private citizens whose land is regulated by the code. As I understand the City’s practice, it is customary for the city to grant uselt variances on the same terms as those provided to others. There is an argument tha the City, in the exercise of its statutory and police powers, would not be bound by its own statutes with respect to land use. At bottom, it is probably a practical argument that the city could simply exercise its authority to change the zoning laws in its favor anyway. But we reed not get any further into that theory since the practice in Orono is otherwise. 082/22033347 6/7/05 I TO:Ron Moorse, City Administrator FROM:John R. Gerhardson, Public Works Director t, "'4' DATE;June 9, 1995 SUBJECT: Willow Drive Intersection Improvement Costs - Information Only During the planning for the Highway 12 safety improvement project, the City Engineer proposed that the costs for the Willow Drive intersection improvements were estimated at $100,000. That amount was taken from the 1992 feasibility report. Also not included in the costs were the engineering contingency and administration and legal fees which are usually estimated at 25%. In addition to the CPI and the fact that prices were unexpectantly high, the low bidder amount was $131,982. We did add to the project limits so as to tie in to the nearest intersection to the north. If that is not desirable, we could subtract $27,000. ** REQUEST FOR COUNCIL ACTION DATE: June 6, 1^5.. ^ ITEM NO; / Department Approval: Name Ron Moorse Title City Administrator Item Description! Personal Watercraft Ordinance Amendment Administrator Reviewed; f/y. Agenda Section: City Administrator’s Report Attachments: 1. 2. Revised Ordinance Letter From DNR The DNR has completed its review of the personal watercraft ordinance and has approved the ordinance including its two major restrictions; the hours of operation restriction and the racmg restriction. The approval was contingent on the city making several revisions to the ordinance to enable it to comply with existing '.egal regulations. The attached ordinance reflects the revisions required by the DNR. The ordumnce, as revi^t^ accomplishes the key objectives of restricting hours of operation and restricting racing. Staff recommends the attached ordinance be approved and placed into effect. COUNCIL ACTION REQUESTED: Motion to approve the revised personal watercraft ordinance 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 Uke 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. D. E. "Daytime" means sunrise to sunset. "Nighttime" means sunset to sunrise. "Watercraft Course" means a route for watercraft to follow, defined by buoys or other objects placed in the water. Waterway markers placed by a Eovemmental unit or under permit from the Hennepin County Sheriff's Department are excluded from this definition. 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) (c) 15 miles per hour during the nighttime; 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 to permit the operation of a personal watercraft on the Lake any way which is conlracy lo 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. (or sunset, whichever occurs eariier) 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. Watercraft Course Restriction. No person shall operate a personal watercraft through a watercraft course unless they have received written approval from the Hennepin County Sheriffs Department. Section 5. 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 authorized to enforce this ordinance. Section 6. All authorized Resource Management, Emergency and Enforcement Personnel, while acting in the perfoimance of their assigned duties are exempt from the foregoing restrictions. Section 7. It shall be the responsibility of the cities of Long Lake and Orono to provide for adjquate nolincarion of the public. TTie City of Long Lake shall place a sign at its public watercraft launching facility outlining essential elements of the ordinance. Section 8. 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 052695.2 Minnesota Department of Natural Resources OFRCE OF THE COMMISSIONER 500 Lafavcltc Road Sl. Paul. .Minnesota .^5155-4037 May 19, 1995 Z^ Mr. Ronald J. Moorse, Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Mr. Joe Lynch, Administrator City of Long Lake P.O. Box 606 Long Lake, MN 55356 Dear Sirs: The Department has completed its formal review of the proposed water surface use ordinance for Long Lake, located partially in each of your rt: wCii”? cities. In their review, our staff and that of the Attorney General noted most of the proposal was acceptable, but had some concerns on the following items, based on their experience with the statutes, rules, case law, and in working with other cities and counties over the years: Section 1 The Attorney General ’s Office felt that these two definitions E. "Race" and F. "Race Course" combined with Section 4, Subd. 4, infringes on Minnesota Statutes § 86B.121, which clearly gives specific authority for restriction of 'racing" to the county sheriff (the statute even eliminates the Department of Natural Resources in approving these events). However, we also understand the situation on Long Lake, and would like to offer alternative language which should have the same effect. We would propose that the definitions of £. "Race" and F. Race Course" be dropped and the following term added: E. "Watercraft Course" means a route for watercraft to follow, defined by buoys or other objects placed in the water. Waterway markers placed by a governmental unit or under permit from the Hennepin County Sheriffs Department are etxluded from this definition. With this amendment and the change in Section 4, Subd. 4, we feel that this may reduce the possibility of a legal challenge to the ordinance by a violator. DNR Information; 612-296-6157. I-S(i0-766-6000 • TTY: 612-296-5484. 1-800-657-3929 • FA.X: 612-296-4799 0% Primed on Recvclcd Pjper An Emu.1 Opp.mun.ly Employer ,0«> Hosi-Consumcr WuMc Section 4.Subd. 3.Subd. 4.No comment, other than this is already in state law and incorporated by reference in Seaion 1.There is a technical problem here. Since: 1) permit authority is specifically • n tr. the countv sheriff under Minnesota Statutes (see comments on fecdon 2^ 2) the Attorney General’s Office has indicated that this is not 5 r and the wording in this Subdivision needs to match the newdffinUion in Section 2. E. - this Subdivision should be amended to read asfollows;"Watercraft Course Restriction. No person shall operate a personal ^^^rcraft through a watercraft course unless they have received vmtten approval from the Hennepin County Sheriffs Department.” The Henneoin County Water Patrol has indicated that, as a procedural TaucMh^^ways obmin approval of the local municipalities before .ssumg any of these types of permits. Section 5. the jects I the ithe r.s:K " i.r-sTh'S' measurement back to the 50 foot standard. tfload, acceleration, or follows: 'A person muy not operate and motorboat ttr^er any condUim Oi deceleration on the Lake that exceeds the following noise limits. for marine engines or motorboats manufactured on or after noise level of 82 decibels on the A scale measured at a distance of ^ the motorboat or equivalent noise levels at other distances as specified by the Commissioner of the Minnesota Department Natural Resources. Section 9. The Attorney General’s Office has recommended that the term *up to" be placed just after the word "by" in the second line of the section. Most convictions of misdemeanors do not result in the maximum sentence being assessed. After a review of these comments, I concur with the staff recommendations and approve the proposed ordinances, as required by law, if both of the following occur : 1) the changes as recommended in this letter (Section 2. E & F, Section 4, Subd. 4, Section 5 and Section 9) are adopted by both cities, and 2) a joint powers agreement (as required by M.S. § 459.20) is signed by both cities before implementation. I underst; nd that you are already working on tki:: ming a simple one-page format. I understand the problems that you are attempting to address with this ordinance and hope it will assist in alleviating them. When completed, please forward a copy of both ordinances (as amended) and a copy of the signed joint powers agreement to Kim Elverum, our boat and water safety coordinator, at 500 Lafayette Road, St. Paul, MN 55155-4046. Ifyou have further questions on this or other boat and water safety matters, please feel free to contact Kim at 296-0905. c:Tibor Gallo - Assistant Attorney General Kim Elverum - DNR Boat & Water Safety Coordinator Paul Rice - DNR Metro Enforcement Supervisor Del Barber - DNR Metro Trails and Waterways Supervisor Sgt. Bill Chandler - Hennepin County Sheriffs Water Patrol REQUEST FOR COUNCIL ACTION DATE: ITEM NO.: /3 "t Department Approval: Name Stephen X. SullKan Title PoUce Chief Administrator Reviewed:Agenda Section: City Adxninistnitors Report Item Description: Hiring of Community Service Officer - Part-Time, Temporary During the time that Community Service Officer Chris Fischer is on a leave of absence, we request the hiring of former Community Service Officer David Nelson to fill in during this absence. David Nelson is fully trained in this capacity and he is aware that this is a temporary, part iime position with no benefits. COUNCIL ACTION REQUESTED: Hire David Nelson at an hourly wage of $6,431. REQUEST FOR COUNCIL ACTION DATE: May 24, 19^5 ,i ' ^^9.ITEM NO.: /Cf ^ Department Approval: Name John R. Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: Public Works Item Description: Temporary Employment Orono Golf Course Recently Mr. Forest (Bud) Sjostrom, seasonal counter helper at the Orono Golf Course, underwent surgery. Therefore it was necessary to hire a temporary replacement immediately. It is recommended to employ Debra Renard as a temporary replacement counter helper effective May 25, 1995 at an hourly rate of $5.70 per hour. COUNCIL ACTION REQUESTED: To employ Debra Renard as a temporary replacement counter helper at the Orono Golf Course at an hourly rate of $5.70 per hour effective May 25, 1995. % REQUEST FOR COUNCIL ACTION > DATE: June 7, 19^5 ITEM NO :/f Department Approval: Name Dorothy Hallin Title Citv Clerk Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Request for Off-Sale Liquor License Attachment: 1. Memo to City Administrator Dated March 30, 1995 2. Copy of Plat Map Indicating Property Location An application has been received for an off-sale liquor license at the Orono Shopping Center, 2160 Wayzata Boulevard. A^brief^deiripiion of the initial licensing process according to the city code is as follows: 1. 2. 3. 4. 5. Application is made upon forms prescribed by the city. Payment of investigation fee. Background investigation by Orono Police Department. Within 30 days of the police report and recommendation a public hearing must be scheduled. Published notice of the hearing must be made at least 10 days prior to the hearing giving the date, time and place of the hearing, name of applicant, place where business is to be conducted and any other information the Council may direct. The Council may approve the application for the remainder of the license year. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the Council, the license fee shall be refunded to the applicant. The applicant has completed the proper forms and paid $150.00. The background mvestigation has not been started as of this date. The City Code authorizes a maximum of two off-sale licenses to be issued in the city. Cu^ntly one license ’'as been issued. This is for Navarre Liquors located in Navarre The code also indicates that no off-sale establishment may be located closer than 1/2 mile from the off-sale in Long Lake on the south side of Highway 12 almost directly across from the proposed location. 9 Request for Council Action continued page 2 of 2 June 9, 1995 Request for Off-Sale Liquor License As the licensing process outlined above indicates, the license review process includes a background investigation by the Police Department, then a public hearing held within 30 days of the police report. Because the Council has not had to consider issues related to otf-sale liquor licensing in recent years, the Council may wish to discuss these at a work session or at a Council meeting prior to moving ahead with the Orono Shopping Center application. The Council could plan to do this during the time the Police Department is completing its background investigation, unless the Council has concerns regarding the application that are significant enough that they should be addressed prior to the initiation of the background investigation. COUNCIL ACTION REQUESTED; Motion to direct staff to proceed with the background investigation and to bring the results of the investigation back to the Council for the scheduling of a public hearing. TO:Ron Moorse, City Administrator FROM: Dorothy Hallin. City Cicrk DATE: March 30, 1995 SUBJECT: Pending Application by William Wear for Off-Sale Liquor License On March '’8th the Citv received an application and payment of investigation fee from William Wear to obiain an off-sale liquor license at his property located at 2160 West Wayzata Boulevard (Orono Shopping Center). This property meets the zoning requirements for an off-sale liquor establishment and the following criteria in the city code: Section 4.31. Subd. 20. No off-sale establishment be located within 500 feet of an instinition of public education whose primary purpose is education of individuals m grades kindergarten through 12th grade. Section 4 31 Subd. 21. No off-sale establishment may be located closer than 1/2 mile from the off-sale premise licensed in the City of Orono with a maxunum of two off-sale licenses issued in the City. (The former municipal off-sale operation, Navarre Liquors. located in Navarre.) A brief description of the initial licensing process according to the city code is as follows: 1.Application is made upon forms prescribed by the City. Pavment of investigation fee. 3 Backaround investigation by Orono Police Department. hearing giving the date, time and place of the hearmg, name of applicant, place w business is to be conducted and any other information the Council may direct. 5 The Council may approve the application for the remainder of the license year. relKiion of any application for a license, or upon withdrawal of an approval of the isLance by the Council, the license fee shall be refunded to the applicant. The City of Long Lake currently has two off-sale liquor Lakeside Fine Wines & Spirits, 1605 Wayzata Boulevard and Liquor B^, 2067 wayza Boulevard. Both of these establishments are located on the south side of Highway iz. «M9 I 10 U 5 C3 ( .7(nnl ^ 57 « InnI •=0 X ^*^ ^ k 3 ^ ® i m MOAtM1160too ■WttLOW-• too fe«0N& 475715 ^/Tr 5«oTty TS •■ ri?- I • ii. ( 8 409.01 773015 8 136.76 Inn) > 2 ?« 65 TAM/a ACK AVE B "BT" 8 31 *4 b BRIMHALL AVE 17102 6'-'t. 11107 NO*77*l ' «VSI o4 <».706 •*. 0^ 0 101.40 366 rr tr 50 .................. Toy. a SHAUGlINESSt ^ U m vt 'll! U • N v*iW^_ _ _ Oi*l_ — _ — "*' J ♦ -•••ITJUTT- g. - I a. ■ ^ in. a 8 ® / . na.4j 150 . . ^ •-A fi ""f lit. 44 /T- ^ lA CIR a Ui II5 3 K ^77 ir yiSTiT r! ^ iV.M —nm— • 60 \ 3 2r;>!3 N*" V/* s/^ ■iA\ 51 V1 ^54.06 \ ^— \ixh 5170: <1.00 V nr. oa U SHAUGHNE 1 i % y ^ N». la . WT 771.67 90 viri .1.- i;ji • -Ki> II.'*•« :y Ti * ui . I- ' •'Si.. ••••• I,iosir ■= iim; % • ♦ / REQUEST FOR COUNCIL ACTION DATE: June 9, 1995 ITEM NO.: fU \ Department Approval: Name John R. Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: Public Works Item Description: Bid Award Playground Equipment - Crystal Bay Playground Recently the Park Commission presented a plan to Council for the improvements to the Crystal Bay Playground. Phase I of the plan was to install fencing, plantings and playground equipment. The fencing and plantings are nearly completed and we have received bids for the playground equipment. The low bidder for the playground equipment is Earl F. Andersen Co. at $14,227. Not included in the above bid are the costs to perform the handicap accessible work that must be done, because we are waiting for another option which may be less costly. That amount should not exceed $3,500. In addition to the playground equipment, there are costs for fall absorption material and the burying of the underground electric and telephone lines. The costs for the fall absorption material is $2,500 and the costs for burying the utility lines is $2,195. Therefore it is recommended to proceed with the purchase of the playground equipment, fall absorption material and burying the utility lines. COUNCIL ACTION REQUESTED: To approve the purchase and installation of the playground equipment, fall absorption material and the burying of the utility lines for the following costs: Playground equipment and tuff timber borders - Earl F. Andersen Co. Fall absorption material (City forces) Burying of utility lines - All Star Electric $14,227 2,500 2.195 $18,922 The monies to pay for the above improvements to be funded from the Park Dedication fund REQUEST FOR COUNCIL ACTION DATE: June 9, 1995 ''Oa. ITEM NO: / "7 Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse City Administrator ’s Title City Administrator Report Item Description:! Employment Matter Materials related to this item will be provided at the Council meeting. COUNCIL ACTION REQUESTED: Licenses Home Occupation License Initial Application Julie LaVere 995 Wildhurst Trail Site Evaluator/Designer License Swedlund Septic Chaska Septic System Installer License Coppin Sewer & Water Mound Mid-Minnesota Concrete/Excavating, Inc. Anoka Swedlund Septic Chaska COUNCIL ACTION REQUESTED Motion to approve above listed licenses REQUEST FOR COUNCIL ACTION DATE: June 2, 1995 ITEM NO.: Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Ifpin Dpscription: Julie LaVere, 99j Wildhurst Trail - Home Occupation License ■ Initial Application The resident has applied for a Home Occupation License to permit a mail order flag business within her residence. Ms. LaVere will take orders over the phone and mails out flags at request. None of her customers will come to her residence and she employs no individuals to assist in this limited operation. Staff has recommended unanimous approval of the Home Occupation License to be operated from the residence at 995 Wildhurst Trail. COUNCIL ACTION REQUESTED: To either approve or deny the Home Occupation License as proposed. I i- Is. § ^OOHESS, OESCRIpjiQfj °' f^OOTiHQ P«AM(N g " '^^suurioN >^-»U 80 05 Fiv^ OEMo - s/rg *w»coNrMc,o,ra„„ comments - ir^:z- '9 « COMP la ;^^ ^OUOW-UP ^'^^o^bmoval HOURS. r complete ^ '^‘^^«8t,p ,cat 7opo . temporary f-^O'orAK^""''"''" -' issued '°"^<'«><'-s/n.*. 473.7357 ■‘^7/ln,p^,^,p.^ r-TTV riTT riTJONO site EVALUATOR/DESIGN'ER Clll Ur* UKUl>'or license APPLICATION (612) 473-7357 2750 KeUey Parkway . . P.O. Box 66 Cr>'stal Bay. NIN 55323 u . .ri T fee and evidence of MPCA Cenification must beAll questions must amweted. L c-ttsu t« a attached. All app icaiions are subjCwt to a ten ( ; . w 1.Business or trade nam'* lA^J^—5^>^P7lC^ J. 4. Business auurc^^ ----------*—^ (cicy) ^ Business phone P>’°“ . Name of apolicant or company representative,s) holding MPCA certiftcauon ------------------------------------------------------------------------------ 5.Type of ceniftcation held- ^ f Certificate expiration -------------------------- Have you ever performed site valuation or design work in Orono before? Most recent year /v ----- Have you ever had a license revoked? aJ<2- When? Where? SUBMITTALS REQUIRED: 1. SIOO.OO License fee.^ 2. Copy of current MPCA Certificate. licenses MTLL not be processed ON-riL ALL ITEMS ARE SUBMITTED TTre undersigned hereby makes >0 Ci^ perform site evaluation and septic system design subject to the laws of me and the Ordinances of the City of Orono. /) n„. Applicant's Signature ............................................._^.-j*--***-*..... Staff recommendation: Approval t * t CITY USE ONLY Denial Reason for denial: _____ City Council Action: Date Date license mailed CITY OF ORONO (612) 473-7357 2750 Kelley Parkway, P.O. Box 66 , Crystal Bay, MN 55323 SSfon r/t be' a""' - Sb"a1en”y“pp^^^^^^ 1.Business or trade name ^ .._A- j. 4. Business address_ (street) Business phone ^ o / \ v_ V9'"~ 0^ O A,! »vj (city) Residence phone _ 5" S ^ (.-M (Zip) J. 6. 7. Nan,e of applicant or company^representative(s) holding Nff CA c^eniftcation------------- \^-jLcLo rt VN ^ ^--------------------^■^‘n Type of certification held: C^li^taller _ Pumper Expiration date; ‘Ihi Have you ever held a Septic System Instailer license in Orono before? ------------------- Most recent year ^ ^------------- Have you ever had a license revoked? —!. ^ Where? 8. 9. Do you do Municipal Sewer hook-ups? Yes------ Do you pump out septic tanks? Yes ------- No CITY OF 0,W0 FIHAiCE OFFICE 1311500000 01 CSV 50,Oi> 1222200000 ,rAmm'M SUBMITTALS REQUIRED: 2. S2?0W.^Ti«Le^^d permit bond nami^C^ of Orono as obligee. The Bond will not be accepted. ^>Pi'S‘'-/7-/6 o«r-oc— tX^3 $50-100-300,000 minimum Certificate of Insurance, -|7^ 4'. Copy of current MPCA Cenificate. Qr'2)'% licenses will not be processed until all hems ABE SUBMITIED LUt persons odier than applicant who are authorized by you to apply for permits under your license The undersigned hereby makes application to of and repair septic systems, and/or pump out septic tanks, subject to the and the Ordinances of the City of Orono. TN-,- < Z-1, • 5 AppIicant’sSignatu CITY USE ONLY 05/3 Staff recommendation; Approval Reason for denial: City Council Action: Date Date license mailed_____ *♦♦♦*♦♦<«★**♦***♦♦***’•******♦♦■p***#***’*' Denial Date_^22::fe Approved Denied CITY OF ORONO (612) 473-7357 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 4905 SEPTIC SYSTEM INSTALLERS ^ LICENSE APPLICATION 1. 2. J. Business or trade name'----- Busmess address ICC JrxrV'SSD5 Business phone ( rl7,“Tj^ -_QQ^ P**®”-------------------- (Zip) 4.Nome of applicant or company representative(s) holding MPCA cer incation 1^/yVn C?11 cL^ 5. 6. V^rVVYW^ ipUKUurcAyt ------------------------------- Type of ceniftcation held: i^taller _ Pumper Expiration date; Have you ever held a Septic System Installer license in Orono before' Most recent year 7/^ 7, Have you ever had a license revoked? ----- When. Where?cjry if-dr<iMi 8.Do you do Municipal Sewer hook-ups? Yes _i/No 9. Do you pump out septic tanks? Yes SUBMITTALS REQUIRED: f/A'ACf O^FIC^ mnoo cool naming City of Orono os obligee. Tlte Sure Plumbers -r^____I ...III Ka orrpnfpH . /C—l^lfA ^.<-2. 52,UUU.UU uccnic diiu —y- Bond will not be accepted. 6ri^ i/*3. $50-100-300,000 minimum Certificate of Insurance.^^^ Copy of current MPCA Certificate. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED A • List persons other than applicant who are authorized by you to apply for permits under your license The undersiened hereby makes application to the City of Orono, stat^^ mThitw^ and repair septic systems, and/or pump out septic tanks, subject to the laws of the State of Minn and the Ordinances of the City of Orono. Applicant’s Signature Staff recommendation: Approval jp}^ Denial • • Date ^ fF' --rx- «. CITY -------- ^ ,Reason for denial. _____ City Council Action: Date Date license mailed_____ Date Approved Denied c- SEPTIC SYSTEM INSTALLERS LICENSE APPLICATIONCITY OF ORONO .. ^ ^ (612) 473-7357 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 J T;...n«.fee bond Cenificate of Insurance and evidence of MPCA ■ All applicadins subject to a ten (10) day approval period. 1. , <C(()^jyl i! Ajj) S^PT/C'Business or trade name ^ —------------------ j. 4. 5. 6. 7. DUbUlC^a Ul U-auw ---------------------------— I ' CLPf\SXf\Business address Busioess phone_d^^L££^5l- R^ideocephooe --------------- Name of applicant or company representative(s) holding MPCA cettiftcation <^,.ieni UAJD.--------------------------------------------- Type of certincation held: ^Insaller ^mper Expiration date: /4/^//.£Z Have you ever held a SepticSvstem Installer license in Orono before? j/fS----------- Most recent year /V7^------- Have you ever had a license revoked? h[D__ When? Where? 8. 9. Do you do Municipal Sewer hook-ups? Yes Do you pump out septic tanks? Yes _ No No ? 7 ; ’^ - '•‘.7 •r A • -a.-. • •. .!A. . l* v-M .. -M-r• : •• r SUBMITTALS REQUIRED: — 2: *S2°oSS.“n^^andTe°^^^^^^^ The State Plumbers •III! - ------------ ~ — - licenses will not be processed until all items are submitted P.,0, ^er^^ aumorgd^^^^^^^^ spply^orp^^ s^^frror"p^;r 10=sSmSTso^ and the Ordinances of the City of Orono. , * fl ^ ^ _ AppIicant’sSignature, CITY Staff recommendation: Approval ygg Reason for denial: ______ ONLY City Council Action: Date Date license mailed i ^ ^ ^ Date s y" .V .• .. ■*<i^ V'-<s<r 05/21/95 PK. C3 PRRECOR 251 EMP NA:tE DPT 472204554 471538050 474553339 475921319 471340371 475443862 463113370 468943008 472503991 469526026 475989721 468921018 472529007 463701868 470089708 469636562 468420832 474667812 475380151 477500666 475444249 477463877 471569863 473141624 471848180 472500574 121262417 475344512 480843542 477561040 470987727 477700023 334506281 473108428 468909535 476783251 476866274 470700901 469848107 471487919 474167795 475382983 473746173 473609629 468320409 470566529 469629194 475569177 267460042 472563051 474663296 470704904 475505292 468629488 477881539 HAS EM AN, JOHNSON, JOSTROM, ALCH, JEROME S. 93 a::cerson, bruce l 3i 5C3ZIEN, SUE A 31 BORIS, SCOTT W 31 30SMA, JA*MIS L 12 BRINKKAUS, JOHN F 42 CALLAGHAaN, JEREMIAH 35 CARLSON, MICHAEL 3 31 CHESWICK, GARY 3 31 CCRNICK, JAiMES L 31 DEM30USKI, JAY C 31 ENGLISH III, IRVING 31 ERICKSON, KURT R 31 FISCHENICH, DAiN T 31 FISCHER, CHRISTOPHER 35 GAFFRCN, MICHAEL P 33 GERHARDSON, JOHN R 42 GREGORY, JAiMES D 42 HALLIN, DOROTHY M 12 HANSEN, STEVEN C 42 HANSING, CAROL J 31 CAROLE 12 BRADLEY P 31 FOREST J 93 KNOLLENBERG, KRISTIN 31 KUEHN, THOMAS M 15 MABUSTH, JEAI^NE A 33 MCINTYRE, WILLIAM S 93 MCNICHOLS, DAVID L 31 MELTON, NEIL W. 31 MILLER, CHRISTOPHER 15 MOORSE, RONALD J 12 MOROWC2YNSKI, JAMES 31 CAS, DANIEL O 93 OBERAIGNER, SCOTT G 42 OBRIEN, RANDY L 92 OLSON, JOHN C. 15 OMAN, LYLE E 33 PALMER, GREGORY A 42 PERSELL, WILLIAM R. 3^ PETERSON, JACK W 93 QUAST, WAYNE A 92 RATHBUN, BARRY J 92 ROSS, JOHN A 93 RUTHER, ALVIN C. 93 SCHOENHOFF, JOHN B 31 SKREEN, DALE S 42 STEFFENHAGEN, RONALD 93 SULLIVAN, STEPHEN X 31 TKOMTCN, MARK R 31 TCMCHECK, LAWRENCE F 31 TOMCZYK, MARK W 31 VANG, BRUCE L 33 VEE, LINDA S 12 WECKMAN, STEPHEN J 33 YTD GROSS 91.20 20783.58 11853.94 13573.71 6710.13 18216.00 522.42 3869.63 19520.16 19673.34 20265.36 19066.30 17777.07 17392.83 819.96 17069.12 25757.61 14353.51 14704.13 13540.61 6860.92 11844.94 18708.73 490.10 4288.26 25112.02 21376.70 843.20 17769.43 1315.68 12462.37 27943.83 18890.00 654.10 14016.03 13954.47 10628.83 17069.11 13911.30 4057.17 1298.25 16377.66 13664.93 359.60 68 .40 12808.23 13857.90 14704.16 23950.08 17686.57 18454.98 17726.72 14302.15 12186.40 13634.04 / CURRENT GROSS 91.20 2215.92 1071.21 1212.40 623.23 1656.DO 258.10 448.84 1774.56 1829.31 2134.23 2103.22 1611.52 1551.20 237.95 1555.53 2240.23 1163.06 1340.00 1143.68 580.49 1071.20 1611.52 156.60 451.39 2288.48 1948.07 255.20 1788.48 258.09 1180.32 2449.44 1611.52 244.90 1143.69 1143.70 964.08 1555.52 1315.25 359.07 307.80 1719.82 1143.68 118.90 68.40 1250.06 1143.68 1340.00 2177.28 1581.36 1581.36 1611.52 1340.00 1141.50 1242.48 66,461.29 06/04/95 Pi C3 tRRZZZ?. 253 EMP » NA.ME 472204554 471638060 474563339 476921319 471340971 475443962 468113970 468843008 472503991 469526026 475999721 468921019 468622940 472529007 468701868 470089708 469686562 468420832 474667812 475380151 477500666 475444249 477463877 471569863 477647279 471849180 472500574 121262417 475344512 480843542 477561040 470987727 477700023 334506281 477028779 473108428 468909535 476783251 476866274 470700901 469848107 471487919 474167795 475382983 473746173 473487285 473609629 468320409 470566529 469629194 475569177 267460042 472563051 474663296 470704904 475505292 468629488 477881539 ALCH, JERCMS S. ANDERSON, BRUCE L BC32IEN, SUE A BORIS, SCOTT W BCSMA, JA.MIE L. BRINKHAUS, JOHN ? CALLAGHA:!, JEREMIAH CARLSON, MICHAEL 3 CHESWICK, GARY 3 CCRNICK, JAiMES L DEMBCUSKI, JAY C ENGLISH III, IRVING ERICKSON, DOUGLAS J ERICKSON, KURT R FISCKENICH, DA.N T FISCHER, CHRISTOPHER GAFFRON, MICHAEL P GERHARDSON, JOHN R GREGORY, JAiMES D HALLIN, DOROTHY M HA:JSEN, STEVEN C HANSING, CAROL J HASEMAIi, CAROLE JOHNSON, BRADLEY P KARNIT2, RICKY P KNOLLENBERG, KIISTIN KUEHN, THOMAS M MABUSTH, JEAimE A MCINTYRE, WILLIAM E MCNICHOLS, DAVID L MELTON, NEIL W. MILLER, CHRISTOPHER MOORSE, RONALD J MOROWCZYNSKI, JAMES NELSON, DAVID D OAS, DANIEL O OBERAIGNER, SCOTT G OBRIEN, RANDY L OLSON, JOHN C. OMAN, LYLE E PALMER, GREGORY A PERSELL, WILLIAM R. PETERSON, JACK W QUAST, WAYNE A RATHBUN, BARRY J RENARD, DEB S. ROSS, JOHN A RUTHER, ALVIN C. SCHOENHOFF, JOHN B SKREEN, DALE S STEFFENHAGEN, RONALD SULLIVAN, STEPHEN X THOMTON, MARK R TOMCHECK, LAWRENCE F TOMCZYK, MARK W VANG, BRUCE L VEE, LINDA S WECKMAN, STEPHEN J YTD DPX GROSS 93 182.40 31 22967.54 31 12955.27 31 14884.01 12 7233.48 42 19372.00 35 771.15 31 4357.74 31 21294.72 31 21317.66 31 22136.87 31 20865.10 93 91.00 31 19388.59 31 19060.37 35 916.43 33 18624.64 42 28232.83 42 15516.55 12 16044.19 42 14684.29 31 7517.67 12 12916.14 31 20320.24 31 1800.95 31 4682.02 15 27400.51 33 23324.78 93 1165.10 31 19501.43 31 1360.56 15 13642.69 12 30593.27 31 20592.17 35 64.31 93 1063.30 42 15159.72 92 15098.15 15 11608.99 33 18624.63 42 15054.98 31 4343.31 93 1736.65 92 17781.59 92 14980.16 93 48.45 93 522.00 93 131.10 31 14261.62 42 15301.78 93 16044.16 31 26127.36 31 19267.94 31 20036.34 31 19338.24 33 15642.15 12 13257.60 33 14876.52 CURRENT : GROSS 91.20 : 2183.96 • 1101.33 1310.30 • 523.35 1656.00 248.73 488.11 1774.56 1644.32 1871.51 1798.80 91.00 1611.52 1667.54 96.47 1555.52 2475.22 1163.04 1340.01 1143.68 656.75 1071.20 1611.51 89.77 393.76 2288.49 1948.08 321.90 1732.00 44.88 1180.32 2649.44 1702.17 64.31 409.20 1143.69 1143.68 980.16 1555.52 1143.68 286.14 438.40 1403.93 1315.23 48.45 162.40 62.70 1453.39 1443.88 1340.00 2177.28 1581.37 1581.36 1611.52 I 1340.00 ; 1071.20 ; 1242.48 ! 66,526.41 / 06/30/95 PR: CM PRREGOR ^52 EMP n NAME DPT YTD GROSS CURRENT GROSS 469188026 CALLAHAN, EDWARD J 11 1800.00 300.00 18324677 GOETTEN, J.DIANN 11 1450.02 241.67 470366069 HURR, JOELLEN L 11 1450.02 241.67 473646272 JABBOUR, GABRIEL 11 1450.02 241.67 476527186 KELLEY, CHARLES 11 1450.02 241.67 1,266.68 COUNCIL CHECK REGISTER Wed May 24 CHECK NO CHECK DATE CHECK AMOUNT 1995/05/24 1995 23:31:57VENDOR DESCRIPTIONCITY COUNTY CREDIT UNI SAVINGS W/H k TRANSP Page 1ACCOUNT #INVOICE PO NUM.MANUAL9999-2030 002791 OH9999-2032 002704 OH 9999-2030 002704 OH 9999-2030 002707 OH 9999-2030 002794 OH 9999-2030 002790 OH 9999-2030 002709 *OH 9999-2030 002793 OM 9999-2030 002708 OH 9999-2030 002705 OM 9999-2030 002795 OH 9999-2030 002796 OH 9999-2030 002790 OH 9999-2030 002797 OH 9999-2030 002786 OH 9999-2031 002706 OH 9999-2030 002792 OH 033207 033208 033209 033210 033211 033212 033213 033214 033215 033216 033217 033218 033219 1995/05/24 1995/05/24 1995/05/24 1995/05/24 1995/05/24 1995/05/24 1995/05/24 1995/05/24 1995/05/24 1995/05/24 1995/05/24 1995/05/24 1995/05/24 033220 033221 1995/05/24 1995/05/24 1995/05/24 $5,546.00$5,546.00*$2,848.09 FIRST $9,686.96 FIRST $12,535.05* $37,663.06 FIRST $37,663.06* $1,381.50 GREAT $1,381.50* $155.50 $155.50* $174.50 $174.50* $100.00 $100.00* $375.00 $375.00* $2,961.49 $2,961.49* $55.00 $55.00* $100.00 $100.00* $138.09 $138.09* $1,323.46 $1,323.46* FIRST NATIONAL BANK OF NET PAYROLL GREAT WEST LIFE ASSURA DEF COMP WITHHELD HENNEPIN COUNTY SUPPOR THOMTON XC0266780 HENNEPIN COUNTY SUPPOR SKREEN #C0262310 ICMA RETIREMENT TRUST- DEF COMP WITHHELD LAW ENFORCEMENT LABOR UNION DUES W/H MINNESOTA DEPT OF REVE STATE TAX WITHHELD MINNESOTA MUTUAL LIFE DEF COMP W/H MN STATE RETIREMENT-DE DEF COMP WITHHELD PEBSCO/OBRA DEF COMP WITHHELD PEBSCO/US CONF OF MAYO DEF COMP WITHHELD $3,707.01 $4,889.86 $8,596.67* PERA PERA PERA W/H PERA CITY SHARE $30.00 $30.00* UNITED WAY CHARITY DONATIONS W/ $71,135.52 J COUNCIL CHECK SUMMARY Wed May 24 1995 23:32:01FUND # 999 PAYROLL CLEARING $71,135.52$71,135.52 Page 1 ITY OF ORONO 06/01/95IIU, JUN 01, 1995, 12:51 AM---req: CHRIS VOID, TYPED k REVERSED A/P loc; OR-FINCE- -job: 6410 WJ6B24 CHECK REGISTER prog: CK200 <1.07>Page *1report Id; CKREG---heck Payee ID.Payee Name Date Check Amount ’Type Subs Rel Tc5 Notemmmmmmmm•R 033198 796 SSBKBBSaiBBSaSBBSKSaBBSSSKBSSBaHRKUNIFORMS UNLIMITED BBBBBaaB05/22/95 B a B S S S B B B S B S B313.93 RV TR Reversed930770T770MINNETONKA MIST 05/01/95 418.30 HW TR Hand Written)R 930771 536 CITY OF ORONO 05/03/95 100.00 }iW TR Hand Written )R 930772 1087 MN STATE TREASURER 05/08/95 18.00 HW TR Hand Written )R 930773 423 LEAGUE OF MN CITIES 05/10/95 278.00 HW TR Hand Written )R 930774 T213 MENARD CASHWAY LUMBER 05/10/95 115.00 HW TR Hand Written >R 930775 T771 WIZARD OF AAHS 05/11/95 200.00 HW TR Hand Written )R 930776 629 POSTMASTER 05/19/95 900.00 HW TR Hand Written )R 930777 T577 ROCKVAN BOAT YARDS INC.05/22/95 94.79 HW TR Hand Written >R 930778 Till OAS, DANIEL 05/31/95 140.00 HW TR Hand Written SUB TOTALS; Total Void Machine Written 0.00 Number of Checks Processed:0 Total Void Hand Written 0.00 Number of Checks Proceooedi 0 Total Machine Written 0.00 Number of Checks Processed:0 Total Hand Written 2^264.09 Number of Checks Processed:9 Total Reversals 313.93 Number of Checks Processed:1 Total Cancelled Checks 0.00 Number of Checks Processed:0 SUB TOTAL 2,578.02 •> i CITY OP ORONO 06/01/95THU, JUN 01, 1995, 12:51 AM---req: CHRIS---VOID, TYPED (i REVERSED A/P ---loc: OR-FINCE- -job: 6410 »J6824 CHECK REGISTER prog: CK200 <1.07>Page 2report id: CKRBG---Check Payee ID. Payee Name■ BBBKawat&KB aaBSBasa«BaB3S3BSB = = s3aBBSGRAMD TOTALS:Datet B a a a s Check Amount Type Subs Rel To NoteTsaaaaBBaaaB BBSS B a SBBaSBBBBB BBBBB: Total Void Machine Written 0.00 Number of Checks Processed;0 Total Void Hand Written 0.00 Number of Checks Processed:0 Total Machine Written 0.00 Number of Checks Processed;0 Total Hand Written 2,264.09 Number of Checks Processed:9 Total Reversals 313.93 Number of Checks Processed s 1 Total RAN Cancelled Checks D TOTAL 0.00 2,578.02 Number of Checks Processed:0 4 I 1 cr ?NCIL CHECK REGISTER Thu Jun 8 1995 23:59:46CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTIONCITY COUNTY CREDIT UNI SAVINGS W/H t TRANSF ACCOUNT n 9999-2030 INVOICE002870 Page 1PO NUM. MANUAL0333421995/06/09 033343 1995/06/09 1995/05/09 033344 033345 033346 033347 033348 033349 033350 1995/06/09 1995/06/09 1995/06/09 1995/06/09 1995/06/09 1995/06/09 1995/06/09 033351 033352 033353 1995/06/09 1995/06/09 1995/06/09 033354 1995/06/09 1995/06/09 033355 1995/06/09 $5,546.00$5,546.00* $2,956.68 $9,795.09 $12,751.77* FIRST NATIONAL BANK OF CITY SHARE FICA,MEuC FIRST NATIONAL BANK OF FIT,FICA,MEDCR W/H $38,106.46 $38,106.46* FIRST NATIONAL BANK OF NET PAYROLL $1,381.50 $1,381.50* GREAT WEST LIFE ASSURA DEF COMP W/H $155.50 $155.50* HENNEPIN COUNTY SUPPOR THOMTON #00266780 $174.50 $174.50* HENNEPIN COUNTY SUPPOR SKREEN #00262310 $100.00 $100.00* ICMA RETIREMENT TRUST- DEF COMP W/H $2,945.37 $2,945.37* MINNESOTA DEPT OF REVE STATE TAX WITHHELD $55.00 $55.00* MINNESOTA MUTUAL LIFE DEF COMP W/H $100.00 $100.00* MN STATE RETIREMENT-DE DEF COMP W/H $233.72 $233.72* PEBSCO/OBRA DEF COMP W/H $1,323.46 $1,323.46* PEBSCO/US CONP OF MAYO DEF COMP W/H $3,660.68 $4,822.71 $8,483.39* PERA PERA PERA WITHHELD PERA CITY SHARE $30.00 $30.00* UNITED WAY $71,386.67 999? 2032 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 99T9-2030 9999-2030 9999-2030 9999-2030 9999-2031 CHARITY DONATIONS W/ 9999-2030 002864 002864 002867 002873 002868 002869 002872 002865 002874 002875 002877 002876 002866 002866 002871 OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH i Page 1COUNCIL CHECK SUMMARY Thu Jun 8 1995 22:59:50FUND # 999 PAYROLL CLEARING $71,386.67$71,386.67 ACOUNCILCHECK REGISTER Thu Jun 0 1995 01:02:50 Page 1CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT ff INVOICE PO NUM.manual'1995/06/12 $14.22 A T 6 T LONG DISTANCE CHARGE 0549-4320 002846 OH033225$14 .22* 1995/06/12 $60.00 ADT SECURITY SYSTEMS ADJUST MOTION DETECT 0590-4343 17194656 OH033226$60.00* 1995/06/12 $247.90 ALL STAR PRO GOLF CO TEES 0591-4802 25021 OH033227$247.90* 1995/06/12 $44.05 ATfcT INFO SYSTEM MAINT - JUNE 0129-4340 002824 OH1995/06/12 $27.35 AT6T INFO SYSTEM LONG DISTANCE CHARGE 0129-4320 002845 OH1995/06/12 $14.23 AT6T INFO SYSTEM LONG DISTANCE CHARGE 0099-4320 002844 OH1995/06/12 $b.30 AT6T INFO SYSTEM LONG DISTANCE CHARGE 0590-4320 002843 OH1995/06/12 $10.60 ATfcT INFO SYSTEM LONG DISTANCE CHARGE 0129-4320 002850 OH033226$101.53* 19V-./06/12 $37.62 AUGIES MOBILE CHEF ITEMS FOR RESALE 0591-4802 22983 OH^95/06/12 $40.60 AUGIES MOBILE CHEF ITEMS FOR RESALE 0591-4802 22459 OH033229$78.22* 06/12 $265.40 BIFFS INC HACKBERRY PARK-MAY,J 0290-4331 BI049577 OHH9'-. ''-6/12 $265.40 BIFFS INC SUMMIT BEACH-MAY,JUN 029C 4331 BI049578 OH ’ '■***■ t;6/l2 $265.40 BIFFS INC BEDERWOOD PARK-MAY,.0290-4331 BI049579 OH\ 706/12 $132.70 BIFFS INC G.C.-MA/,JUNE *90-4331 BI049576 OH033230$928.90* 1995/06/12 $25.69 BIG A AUTO PARTS BELT k SUPPLIES 0590-4232 4330 OH033231$25.69* 1995/06/12 $1,912.60 BLACKOWIAK & SON SPRING CLEANUP 0295-4348 175663 OH033232$1,912.60* 1995/06/12 $70.44 BLACKOWIAK & SONS MAY SERVICE 0590-4343 175605 OH1995/06/12 $168.58 BLACKOWIAK & SONS MAY SERVICE 0099-4343 175550 OH1995/06/12 $293.89 BLACKOWIAK & SONS MAY SERVICE 0290-4343 175575 OH033233$532.91* 1995/06/12 $85.50 BONESTROO ROSENE ASN HWY 12 SAFETY INSP-M 0358-4305 33747 OH 1995/06/12 $4,935.00 BONESTROO ROSENE ASN WTR PLANT STUDY 0549-4305 33458 OH1995/06/12 $162.50 BONESTROO ROSENE ASN BRIDGE INSP-MAR 0200-4305 33747 OH 1995/06/12 $50.00 BONESTROO ROSENE ASN FEB SERV 0200-4304 33451 OH 1995/06/12 $491.88 BONESTROO ROSENE ASN APPLICATIONS-FEB 0840-4305 33451 OH 1995/06/12 $134.66 BONESTROO ROSENE ASN FEB SERVICE 0200-4305 33451 OH 1995/06/12 $256.50 BONESTROO ROSENE ASN OLD BEACH RD-FEB 0200-4305 33451 OH 1995/06/12 $85.50 BONESTROO ROSENE ASN I fit I - FEB 0569-4305 33451 OH 1995/06/12 $50.00 BONESTROO ROSENE ASN MARCH SERVICE 0200-4304 33746-1 OH 1995/06/12 $1,048.25 BONESTROO ROSENE ASN MARCH SERVICE 0200-4305 33746-1 OH 1995/06/12 $162.50 BONESTROO ROSENE ASN APPLICATIONS-MAR 0840-4305 33746-1 OH 1995/06/12 $484.25 BONESTROO ROSENE ASN HWY 12 SAFETY INSP-M 0358-4305 33746-1 OH 1995/06/12 $246.25 BONESTROO ROSENE ASN I k I-MAR 0569-4305 33746-1 OH COUNCIL CHECK REGISTER Thu Jun 8 1995 01:02:50CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT i INVOICE PO NUM.Page 2 MANUAL1995/06/12 $162.50 BONESTROO ROSENE ASN MSA UPDATES/REVIEW 0200-4305 33747 OH 0J3234 1995/06/12 $23.50 $8,378.79* BONESTRCX) ROSENE ASN TOPO MAPS FOR RESALE 9001-3500 33746-1 OH 033235 1995/06/12 $4,651.41 $4,651.41* BRAUN INTERTEC ENG 4/23/94 - 5/20/94 SE 0651-4306 002837 OH 033236 1995/06/12 $66.90 $66.90* BRINKHAUS-JACK MILEAGE REIMB-MAY 0249-4356 002816 OH 033237 1995/06/12 $241.19 $241.19* BUSINESS FORMS 6 ACCOU NEW PAYROLL CHECKS 0099-4322 19256 OH 033238 1995/06/12 $1,117.97 $1,117.97* CARGILL SALT DIV 25 TON SOFTENER SALT 0549-4234 693215 OH 1995/06/12 $19.09 CELLULARONE CELL PHONE-UTILITIES 0569-4320 002826 OH 1995/06/12 $19.08 CELLULARONE CELL PHONE-UTILITIES 0549-4320 002826 OH 033239 1995/06/12 $9.35 $47.52* CELLULARONE CELL PHONE-GERHARDSO 0249-4221 002811 OH 1995/06/12 $254.01 CHUNKS GARAGE STEERING & TRANS #17 0129-4341 6067 OH 1995/06/12 $1,734.90 CHUNKS GARAGE REPLACE MOTOR #169 0129-4341 5914R OH 1995/06/12 $89.98 CHUNKS GARAGE FRONT BRAKE PADS 0129-4341 6112 OH 1995/06/12 $123.95 CHUNKS GARAGE REPAIR BRAKES #170 0129-4341 6096R OH 1995/06/12 $595.45 CHUNKS GARAGE REPAIR STEERING #172 0129-4341 6143 OH 1995/06/12 $132.38 CHUNKS GARAGE ELEC WORK #169 0129-4341 6115 OK 033240 1995/06/12 $59.46 $2,990.13* CHUNKS GARAGE OIL CHANGE, LOCK #17 0129-4341 6175 OK 1995/06/12 $7.00 CITY OF ORONO ADD'L GAS FOR LAKE T 0174-4382 002861 OH 1995/06/12 $33.03 CITY OF ORONO MISC SUPPLIES 0129-4210 002861 OH 1995/06/12 $30.55 CITY OF ORONO MISC SUPPLIES 0129-4210 002861 OH 1995/06/12 $2.83 CITY OF ORONO ADD'L POSTAGE 0099-4321 002861 OH 1995/06/12 $4.20 CITY OF ORONO ADD'L FOR LUMBER 0290-4232 002861 OH 1995/06/12 $15.82 CITY OF ORONO POP/ICE FOR PARK TOU 0290-4382 002861 OK 033241 1995/06/12 $1.49 $94.92* CITY OF ORONO VINEGAR SUPPLIES 0099-4210 002861 OK 1995/06/12 $319.09 COCA COLA VENDING POP FOR RESALE 0591-4802 4198411 OH 033242 1995/06/12 $44.79 $363.88* COCA COLA VENDING POP FOR RESALE 0591-4802 002804 OH 033243 1995/06/12 $25.00 $25.00* COMMISSIONER TRANS SIGN PERMIT 0590-4383 002810 OK 033244 1995/06/12 $189.87 $189.87* COPY DUP PR INC JUNE COPIER LEASE 0129-4340 2142469 OH 1995/06/12 $68.94 CORNICK, JAMES MILEAGE,MFALS REIMB 0129-4356 002834 OH COUNCIL CHECK REGISTER Thu Jun 8 1995 01:02:50CHECK NO CHECK DATE CHECK AMOUNT VENDOR$68.94*Page 3DESCRIPTIONACCOUNT #INVOICE PO NUM.MANUAL*0129-4340 332237 OH0129-4240 187765 OH 0840-4243 95921 OH 0129-4356 002817 OH 0039-4356 002862 OH 0295-4392 002819 OH 0249-4233 141059 OH0384-3840 140843 OH 0290-4232 140923 OH 0591-4815 522476 OH 0099-4210 132608 OH 9673-1191 002854 OH 0569-4234 1528 OH 0299-4303 08-157071 OH 0549-4234 25588 OH 9673-1191 002853 OH 0174-4306 002822 OH 0039-4306 002822 OH 0290-4306 002822 OH 0039-4306 002822 OH 033245033246 033247 033248 033249 033250 033251 033252 033253 033254 033255 033256 033257 033258 033259 1995/06/121995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 $231.34$231.34*$34.30 $34.30* $36.15 $36.15* $26.00 $26.00* CUMMINS ALLISON D.L.G. CO. DARE AMERICA DEMBOUSKI/JAY MAINT 7/95-6/96 '95 ID CHECKING GUID BIKE HELMET,STICKERS MEALS REIMB-DEMBOUSK $210.00 $210.00* DULUTH CONVENTION & VI LMC CONF-MOORSE $5,422.92 $5,422.92* E-Z RECYCLING RECYCLING SERV-MAY $164.81 $478.39 $277.28 $920.48* EARL F ANDERSON ASSC EARL F ANDERSON ASSC EARL F ANDERSON ASSC 35 MPH SIGNS HANDICAP ACCESSIBLE FRENCH CREEK SIGN $237.50 $237.50* $33.76 $33.76* $1.44 $1.44* $351.45 $351.45* $68.25 $68.25* $10.00 $10.00* EAST SIDE BEVERAGE ENG REPRO SYSTEMS ENGLUND, CURTIS ESS BROTHERS fc SONS EXPRESS MESSENGER FEED RITE CONTROLS BEER FOR RESALE COPIES OP BLUEPRINTS OVERPAYMENT OF CLOSE MANHOLE RINGS PACKAGE TO DNR CYLINDER RENTAL $7.39 FOX, DAVID C.OVERPAY OF CLOSED $7.39* $200.00 FROST,SHERRY R.PLANNING COMM MTG $100.00 FROST,SHERRY R.COUNCIL MTG $90.00 FROST,SHERRY R.PARK COMM MTG $80.00 FROST,SHERRY R.COUNCIL MTG COUNCIL CHECK REGISTER Thu Jun 8 1995 01:02:50CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT 0 INVOICE PO NUM.P«g« 4MANUAL033260$470.00* 1995/06/12 $70.59 C Si K SERVICES STREET EMPLOYEES 0249-4221 516340 OH 1995/06/12 $2.60 G fit K SERVICES STEFFENHAGEN 0590-4221 516339 OH 1995/06/12 $48.05 G St K SERVICES STREET EMPLOYEES 0249-4221 512521 OH 1995/06/12 $15.49 G St K SERVICES RATHBUN, QUAST 0549-4221 512522 OH 1995/06/12 $2.60 G Si K SERVICES STEFFENHAGEN 0590-4221 512520 OH 1995/06/12 $15.49 G Si K SERVICES RATHBUN, QUAST 0569-4221 516341 OH 1995/06/12 $2.60 G Si K SERVICES STEFFENHAGEN 0590-4221 520118 OH 1995/06/12 $15.49 G Si K SERVICES RATHBUN. QUAST 0569-4221 520121 OH 1995/06/12 $15.49 G Si K SERVICES RATHBUN, QUAST 0569-4221 523958 OH 1995/06/12 $69.02 G Si K SERVICES FLOOR MATS 0099-4343 520119 OK 1995/06/12 $39.27 G St K SERVICES FLOOR MATS 0099-4343 523953 OH 1995/06/12 $39.27 G St K SERVICES FLOOR MATS 0099-4343 523954 OH 1995/06/12 $2.60 G St K SERVICES STEFFENHAGEN 0590-4221 523956 OH 1995/06/12 $48.05 G Si K SERVICES STREET EMPLOYEES 0249-4221 520120 OH 033261 1995/06/12 $67.54 $454.15* G St K SERVICES STREET EMPLOYEES 0249-4221 523957 OH 1995/06/12 $81.94 GALL'S INC.ELECTRIC GUN LOCK 0129-4232 501513430101 OH 033262 1995/06/12 $71.97 $153.91* GALL'S INC.SETINA SCREEN 0129-4550 501113200101 OH 033263 1995/06/12 $76.45 $76.45* GEAR WEST SKI & BIKE SUPPLIES FOR BIKE 0129-4232 507938 OH 033264 1995/06/12 $55.38 $55.38* GENERAL OFFICE PRODUCT PAINT FOR FILE CABIN 0626-4540 42104 OH 1995/06/12 $5.24 GENUINE PAPTS CO MISC PARTS 0569-4232 002851 OH 1995/06/12 $13.41 GENUINE PARTS CO MISC PARTS 0290-4232 002851 OH 033265 1995/06/12 $41.39 $60.04* GENUINE PARTS CO MISC PARTS 0249-4232 002851 OH 033266 1995/06/12 $1,000.00 $1,000.00* GOLF CAR MIDWEST MAY LEASE 0590-4331 002827 OH 1995/06/12 $1,154.02 GROUP HEALTH INC JULY INS 9999-2030 3597152 OH 1995/06/12 $301.00 GROUP HEALTH INC JULY INS 0590-4151 3597152 OH 1995/06/12 $301.00 GROUP HEALTH INC JULY INS 0249-4151 3597152 OH 1995/06/12 $170.74 GROUP HEALTH INC JULY INS 0174-4151 3597152 OH 033267 1995/06/12 $1,846.48 $3,773.24* GROUP HEALTH INC JULY INS 0129-4151 3597152 OH 033268 1995/06/12 $46.94 $46.94* HACK CHEMICAL CO MANVER 2 PILLOWS 0549-4234 110197 OH 033269 1995/06/12 $773.09 $773.09* HENN CTY FIN DIV ROOM & BOARD-APRIL 1 0080-4358 421 OH COUNCIL CHECK REGISTER Thu Jun 8 1995 01:02:50 Page 5CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT #INVOICE PO NUM.MANUAL' 033270 1995/06/12 $129.69 $129.69* ICMA HOUSING BUREAU ICMA CONF-MOORSE 0039-4356 002863 OH 033271 1995/06/12 $610.00 $610.00* IMS/MN SVC AGREEMENT 7/1/95 0099-4340 21990 OH 033272 1995/06/12 $215.62 $215.62* J fit R RADIATOR CORP REPAIR TRUCK #708 0569-4341 167415 OH 033273 1995/06/12 $49.20 $49.20* J H LARSON ELECTRICAL FLUORESCENT BULBS 0099-4232 05265-019574 OH 033274 1995/06/12 $3.94 $3.94* JOHNS AUTO SUPPLY VELCRO-RADAR MOUNTS 0129-4232 24221 OH 033275 1995/06/12 $55.00 $55.00* L.A.W.IPMBA MEBERSHIP-CORN 0129-4380 002818 OH 033276 1995/06/12 $19.16 $19.16* LAKER/PIONEER AD FOR FT HELP 0590-4323 002828 OH 033277 1995/06/12 $2,400.00 $2,400.00* LANE, TOM EASEMENT 915 BROWN R 0360-4512 002852 OH 033278 1995/06/12 $4.81 $4.81* LIEN, DONNA OVERPAYMENT OF CLOSE 9673-1191 002857 OH 1995/06/12 $2,205.00 LOGIS - SUITE 300 APRIL SERVICES 0099-4352 AR0495 OH 1995/06/12 $23.60 LOGIS - SUITE 300 APRIL DISC SPACE 0569-4355 AR0495 OH 1995/06/12 $667.00 LOGIS - SUITE 300 APRIL SERVICES 0129-4352 AR0495 OH 1995/06/12 $8.84 LOGIS - SUITE 300 APRIL COURIER 0569-4353 AR0495 OH 1995/06/12 $226.00 LOGIS - SUITE 300 APRIL SERVICES 0549-4352 AR0495 OH 1995/06/12 $526.00 LOGIS - SUITE 300 APRIL SERVICES 0569-4352 AR0495 OH 1995/06/12 $361.86 LOGIS - SUITE 300 APRIL DISC SPACE 0099-4355 AR0495 OH 1995/06/12 $762.04 LOGIS - SUITE 300 APRIL DISC SPACE 0129-4355 AR0495 OH 0332V9 1995/06/12 $10.12 $4,790.46* LOGIS - SUITE 300 APRIL DISC SPACE 0549-4355 AR0495 OH 1995/06/12 $70.26 LONG LAKE POWER EQUIPM SAFETY GOGGLES 0249-4221 47317 OH 1995/06/12 $14.64 LONG LAKE POWER EQUIPM EAR MUFFS 0249-4221 15511 OH 033280 1995/06/12 $15.00 $99.90* LONG LAKE POWER EQUIPM SHARPEN BLADES 0590-4342 0633 OH 1995/06/12 $12.30 MABUSTH-JEANNE MEET EXP REIMB-MAY 0174-4382 002800 OK 033201 1995/06/12 $21.75 $34.05* MABUSTH-JEANNE MILEAGE REIMB-MAY 0174-4301 002800 OH 033282 1995/06/12 $376.75 $376.75* MCNICHOLS, DAVID TUITION REIMB(L.L.S.0129-4356 002820 OH COUNCIL CHECK REGISTER Thu Jun 8 1995 01:02:50 Page 6CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT INVOICE PO NUM.MANUAL1995/06/12 $602.02 MED CTR HEALTH CARE FEB INSURANCE 0174-4151 002801 OH1995/06/12 $160.71 MED CTR HEALTH CARE FEB INSURANCE 0129-4151 002801 •OH1995/06/12 $532.02 MED CTR HEALTH CARE FEB INSURANCE 9999-2030 002801 OH1995/06/12 $461.72 MED CTR HEALTH CARE FEB INSURANCE 0249-4151 002801 OH033283$1,756.47* 1995/06/12 $80.00 MGCSA MEMBER DUES-6/95-6/9 0590-4380 002814 OH 033204 $80.00* 1995/06/12 $317.10 MICRO AGE 14" SVGA MONITOR-LAN 0629-4540 89422 OH 1995/06/12 $14,243.31 MICRO AGE LAN EQUIPMENT 0629-4540 89980 OH 1995/06/12 $3,417.00 MICRO AGE LAN SETUP & CONFIG 0629-4540 90185 OH 033285 $17,977.41* 1995/06/12 $332.73 MIDWEST ASPHALT ASPHALT 0249-4233 60052MB OH 1995/06/12 $142.73 MIDWEST ASPHALT ASPHALT 0249-4233 1104MB OH 1995/06/12 $285.01 MIDWEST ASPHALT ASPHALT 0249-4233 1032MB OH 033286 $760.47* 1995/06/12 $84.39 MIDWEST BSNS PROD MISC SUPPLIES 0099-4210 002803 OH 1995/06/12 $126.50 MIDWEST BSNS PROD MISC SUPPLIES 0099-4210 223442 OH 1995/06/12 $.65 MIDWEST BSNS PROD MISC SUPPLIES 0129-4210 223442 OH 1995/06/12 $4.38 MIDWEST BSNS PROD MISC SUPPLIES 0129-4210 232373 OH 1995/06/12 $27.47 MIDWEST BSNS PROD MISC SUPPLIES 0099-4210 232373 OH 033287 $243.39* 1995/06/12 $5.58 MILLER, CHRIS UPS CHARGES 0099-4210 002847 OH 1995/06/12 $55.68 MILLER, CHRIS MILEAGE-MAY 0069-4381 002847 OH 033288 $61.26* 1995/06/12 $13.50 MINNEAPOLIS OXYGEN COM MED OXYGEN 0129-4232 RI05950849 OH 1995/06/12 $31.50 MINNEAPOLIS OXYGEN COM OXYGEN 0249-4232 RI05950848 OH 033209 $45.00* 1995/06/12 $121.14 MINNEGASCO WTR PLANT 0549-4324 002813 OH 1995/06/12 $15.79 MINNEGASCO WTR PLANT 0569-4324 002813 OH 1995/06/12 $353.60 MINNEGASCO PW BLDG 0099-4324 002813 OH 1995/06/12 $246.09 MINNEGASCO ADMIN BLDG 0099-4324 002813 OH 033290 $736.62* 1995/06/12 $23.69 MN CHIEFS OF POLICE AS FORMS 0129-4322 419 OH 033291 $23.69* 1995/06/12 $20.00 MN DEPT OF AGRICULTURE PESTICIDE APP. LICEN 0590-4383 002836 OH 033292 $20.00* 1995/06/12 $7.00 MN DEPT OF REVENUE MAY SALES TAX 9001-3500 00282'OH 1995/06/12 $1,799.00 MN DEPT OF REVENUE MAY SALES TAX 9674-2222 0028?.■OH 1995/06/12 $5.00 MN DEPT OF REVENUE MAY SALES TAX 9001-3527 0026>-OH 033293 $1,811.00* COUNCIL CHECK REGISTER Thu Jun 3 1995 01:02:50CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT « 0129-4300 0129-4356 0290-4343 0129-4356 0129-4356 0590-4324 0129-4324 0549-4324 0290-4324 0569-4324 0249-4324 0099-4324 0175-4324 0249-4325 0099-4340 0591-4802 0174-4301 0174-4381 0174-4356 0174-4301 9674-1500 0569-4344 0569-4344 0590-4231 0590-4231 INVOICE002805002002 10094 002015 002838 002059 002859 002859 002859 002859 002859 002059 002859 ]SYSTEM 259369 771705 002840 002841 002840 002842 Page 7PO NUM. MANUAL033294 033295 033296 033297 033298 033299 033300 033301 033302 033303 033304 033305 1995/06/121995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 $18.00$18.00*$7.95 $7.95* $71.25 $71.25* $550.00 $550.00* $420.00 $420.00* $106.06 $454.46 $504.30 $24.98 $2,237.94 $194.29 $906.70 $9.42 $4,430.23* $1,100.94 $1,108.94* $85.00 $85.00* $14.63 $14.63* $9.57 $10.27 $4.06 $10.73 $42.63* $307.67 $307.67* $207.02 $23.43 $25.56 $17.04 $353.85* MN-S.C.I.A./DIANE VACE 1995 MEMBER DUESMOROWCZYNSKI/JAMES MEALS REIMB-MOROWCZY MULLER-PRIBYL UTILITIE LOCATE SERVICE-FRENC NORTH MEMORIAL MEDICAL VERBAL JUDO-ENGLISH NORTH MEMORIAL MEDICAL PTAC/OSHA TRAINING NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES CHARGES OFFICE PROD OF MN OLD DUTCH FOODS INC OMAN/LYLE OMAN/LYLE OMAN/LYLE OMAN/LYLE ORECK OTTEN BROS OTTEN BROS OTTEN BROS OTTEN BROS STREET LIGHTING-MAY SERVICE ON TYPEWRITE CHIPS FOR RESALE MILEAGE-MAY MILEAGE-MAY MILEAGE-MAY MILEAGE-MAY VACUUM CLEANER REPLACE TREE 4340 N. REPLACE SOD 4340 N. FLOWERS FOR G.C. FLOWERS FOR G.C. 10588 13991 14091 15464 15725 OHOH 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 Thu JunCHECK. HU033306 1995/06/12 $13.08$13.08* 033307 1995/06/121995/06/12 $24.00$108.00 $132.00* 033308 1995/06/12 1995/06/12 $21.03 $32.35 $53.38* 033309 1995/06/12 1995/06/12 $48.99 $52.98 $101.97* 033310 1995/06/12 1995/06/12 1995/06/12 $22.36 $223.65 $261.99 $508.00* 033311 1995/06/12 $514.68 $514.68* 033312 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 $61.08 $9.01 $19.53 $25.00 $113.65 $112.44 $19.53 $19.53 $379.77* 033313 1995/06/12 $958.00 $958.00* 033314 1995/06/12 $49.59 $49.59* 033315 1995/06/12 $36.65 $36.65* 033316 1995/06/12 $22.05 $22.05* 033317 1995/06/12 $100.00 $100.00* 1995/06/12 1995/06/12 $7.44 $3.65 8 1995 01:02:50VENDORPARTEN, CHARGES G.Page 8PERA INS PERA INS PIONEER PIONEER PRAIRIE OFFSET PRAIRIE OFFSET PRECISION TURF PRO TIRE & PRO TIRE & PRO TIRE k PRO TIRE & PRO TIRE k PRO TIRE k PRO TIRE k PRO TIRE k EXHAUST EXHAUST EXHAUST EXHAUST EXHAUST EXHAUST EXHAUST EXHAUST PROLAWNS QUAST/WAYNE REED VENDING REED, CLARKE RITZ CAMERA RITZ CAMERA DESCRIPTION ACCOUNT #INVOICE PO NUM. MANUALOVERPAYMENT OP CLOSE 9673-1191JULY IN9 JULY INJ 0129-41529999-2030 002830002830 OHOH SUBDIVISION APPLICAT LAND USE APPLICATION 0099-4322 0099-4322 153 152 OH OH PREPRINT k SETUP NEW BUS CARDS-MILLER 0099-4210 0099-4210 105081 105001 oH OH CASSETTE TAPES RECORDER CASSETTE TAPES 0129-4210 0129-4540 0129-4210 051328 51334 51334 OH OH OH FERTILIZER 0590-4231 5942 OH OIL CHANGE, BRAKES I FILM PROCESSING OIL CHANGE #171 REPAIR FLAT #172 FILM k PROCESSING BRAKES, OIL CHANGE # OIL CHANGE #173 OIL CHANGE #173 0129-4341 0129-4210 0129-4341 0129-4341 0129-4210 0129-4341 0129-4341 0129-4341 5422 3766078 5331 5351 3765533 5794 5846 5510 OH OH OH OH OH OH OH OH WEED CONTROL/AERATIO 0099-4343 002799 OH MILEAGE REIMB 0249-4356 002821 OH CANDY FOR RESALE 0591-4802 29070 OH OVERPAYMENT OF CLOSE 9673-1191 002855 OH N 1995 ROTA MEMBERSHIP 0129-4380 002823 OH FILM PROCESSING FILM PROCESSING 0099-4210 0129-4210 3767094 3767131 OH OH COUNCIL CHECK REGISTER Thu Jun 0 1995 01:02:50 %Page 9CHECK NO' CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT #INVOICE$11.09* 033319 1995/0S/121995/06/12 $1,919.16$126.50 $2,045.66* SAFE BENEFITS SAFE BENEFITS SAFE BENEFITS-JUNE SAFE BENEFITS-JUNE 9999-2030 0299-4306 14964 14964 OH OH 033320 1995/06/12 1995/06/12 $39.14 $5.59 $44.73* SCHARBER & SONS INC SCHARBER & SONS INC BELT FOR MOWER OIL FOR MOWER 0590-4232 0590-4220 9254 9254 OH OH 033321 1995/06/12 1995/06/12 $11.44 $11.44 $22.08* SCHLUMBERGER SCHLUMBERGER PROGRAM CARDS FOR PU PROGRAM CARDS FOR PU 0099-4232 0129-4232 163164 163164 OH OH 033322 1995/06/12 $28.23 $28.23* SCHWAAB INC RETURN ADDRESS STAMP 0099-4210 L729369 OH 033323 1995/06/12 $8.54 $8.54* SHEA, DANIEL J.OVERPAYMENT OF CLOSE 9673-1191 002856 OH 033324 1995/06/12 $1,037.37 $1,037.37* STRGAR ROSCOE FAUSCH T.H. 12 STUDY 0299-4306 002812 OH 033325 1995/06/12 $65.50 $65.50* TELEPHONE SPECIALIST REPAIR EXT 100 (L.VE 0099-4320 39355 OH 033326 1995/06/12 $282.10 $282.10* THORPE DIST CO BEER FOR RESALE 0591-4815 58056 OH 033327 1995/06/12 $370.62 $370.62* TONKA SIGNCRAFTERS CEDAR SIGN-HIGHWOOD 0391-3040 2945 OH 033328 1995/06/12 1995/06/12 1995/06/12 1995/06/12 $530.11 $433.72 $21.03 $21.02 $1,005.80* TOWN & COUNTRY TOWN & COUNTRY TOWN & COUNTRY TOWN & COUNTRY JUNE SERVICE JUNE SERVICE TRASH LINERS TRASH LINERS 0099-4349 0129-4349 0099-4349 0129-4349 002831 002831 002839 002839 OH OH OH OH 033329 1995/06/12 $35.00 $35.00* TRI-K SPORTS BLACK DIRT 0249-4233 405 OH 033330 1995/06/12 1995/06/12 $374.76 $20.93 $395.69* U S WEST CELLULAR U S WEST CELLULAR CELL PHONE CHARGES CELL PHONE CHARGES 0129-4320 0129-4320 002849 002848 OH OH 033331 1995/06/12 $43.56 $43.56* ULTIMATE AWARDS ENGRAVING 0129-4210 5500 OH 1995/06/12 1995/06/12 $157.40 $112.97 UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFORMS-RESERVES INITIAL ISSUE-C.FISC 0129-4221 0185-4221 490943 490957 OH OH COUNCIL CHECK REGISTER Thu Jun 8 1995 01:02:50 Page 10CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT K INVOICE PO NUM. MANUAL033332$270.37* 033333 1995/06/121995/06/121995/06/121995/06/12 1995/06/12 1995/06/12 1995/06/12 1995/06/12 $372.74$12.42$28.99$261.72 $212.19 $55.66 $55.66 $54.67 $1,054,05* US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST CHARGES US WEST CHARGES US WEST CHARGES US WEST CHARGES US WEST CHARGES US WEST CHARGES US WEST CHARGES US WEST CHARGES 0099-43200549-43200569-43200129-4320 0590-4320 0549-4320 0099-4320 0590-4320 002860002860002860002860 002860 002860 002860 002860 OHOHOHOK OH OH OH OH 033334 1995/06/12 $09.17 $89.17* VIKING SAFETY EQUIPMEN SAFETY EQUIP-G.C.0590-4232 511047 OH 033335 1995/06/12 1995/06/12 $2,106.00 $2,258.47 $4,364.47* WAYZATA-CITY OP WAYZATA-CITY OF SALT/SAND MIX-MAY WTR 1ST QTR ' 95 0249-4233 0549-4359 002806 002935 OH OH 033336 1995/06/12 $11.92 $11.92* WESTSIDE WHOLESALE TIR REPAIR TIRE STEM 0590-4342 78426 OH 033337 1995/06/12 1995/06/12 $8.69 $9.00 $17.69* WRIGHT HENN ELECTRIC WRIGHT HENN ELECTRIC STREET LIGHT STREET LIGHT 0249-4325 0249-4325 002833 002832 OH OH 1995/06/12 1995/06/12 1995/06/12 1995/06/12 $95.45 $338.34 $44.06 $73.94 YOCUM OIL CO INC YOCUM OIL CO INC YOCUM OIL CO INC YOCUM OIL CO INC SALES TAX REMIT. HEATING OIL SALES TAX REMIT. HEATING OIL 0590-4324 0590-4324 0590-4324 0590-4324 002809 002807 002808 23581 OH OH OH OH 033330 $551.79* $90,940.19 FUND n FUND ff FUND « Finn) « FUND U FUND ff FUND FUND U FUND # CHECK SUMMARY Thu Jun 0 1995 01:03:0(001 GENERAL FUND $40,437.75112PARK FUND $849.01114IMP/EQUIP 0/L FD $18,032.79115BLDG CAP 0/L FD $4,6.51.41 423 MUN ST AID CO/FD $2,969.75 672 WTR OPERATING FD $9,346.89 673 SWR OPERATING FD $4,179.34 674 G/C OPERATING FD $6,760.05 999 PAYROLL CLEARING $3,713.20 $90,940.19 Page 1 . INTOTlMATION ITEMS COUNCIL MEETING .......-.—ciwG JUN 3 2 1995 CITY Of ORONO OF CHARLES D. NOLAIM AND SONS. INC. CONSTHUCTIOM / CE vEl CF-'VENT May 26, 1995 MAY 3 1 1995 C. Mayor Edward Callahan, Jr. and Orono Council Members City of C' ">no P. O. Box 66 Crystal Bay, NfN 55323 Dear Mayor Callahan and Council Members; It is with mixed emotions that I must now formally resign my commission as a Planning Board Member for the City of Orono. While I am certainly excited to be moving to Medina, I cannot help but feel disheartened to be leaving Orono and the Commission. Orono is a wonderful community with great direction and leadership that is well supported by an outstanding staff. We will most assuredly miss living here. It appears that our closing date will be scheduled around July 1st with a move date sometime shortly thereafter. Consequently, I must inform you that the scheduled meeting of the Commission on June 19th will be my last meeting. I would like to further express my sincere thanks and appreciation to the Council for allowing me the opportunity to serve this community and help shape Orono's future. I have thoroughly enjoyed working with all of you over the past two years. Undoubtedly, I will become active in Medina at some point in the future. Hopefully our paths will cross again. Thank you. 5607 SO. CEDAR LK. RD. MINNEAPOLIS. MN. 55416 (612] 546-3206 ORONO PLANNING COMMISSION MEETING MINUTES FOR ^V^ 15, 1995 ROLL The Orono Planning Commission met on the above date with the following members present Chair Stephen Peterson, Sandra Smith, Dale Lindquist, Charles Nolan, Jr. and Janice Berg Charles Schroeder and Candace Rowlette were absent The following represented the City Staff; Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and Recorder Sheny Frost. Council member J. Diann Goetten was present. Chair Peterson called the meeting to order at 7:00 pm. i»l) SCHEDULED PUBLIC HEARING/PUBLIC INFORMATION MEETING - #2020 JAMES BRUCE - 565 LEAF STREET - 7:00-7.30 P.M. A. VACATION OF DRAINAGE EASEMENT B. PRELIMINARY SUBDIV ISION The Certificate of Mailing and Affidavit of Publication were noted. Mr. Bruce was present. The properly will be served with sewer from Oxford Road. The City will ask for a 20* easement, 10* on either side of lots I and 2 for the sewer line to serve lot 3. Detailed grading and construction plans for future sewer connection must be submitted with building plans for new construction on lot 3. There is a concern with any impact the future sewer work would have on Oxford Road. An accessory structure located on lot 3 will be given one year from the final plat approval date for removal if a building permit for new co»' mction has not been issued. The existing residence on lot 2 may stay as part of the principal residence as detached additional living space but not as an independent living space. Covenants will need to be placed on the property to alert future owners that this structure may not be used as an independent structure. The applicant met with members of the commission regarding tree removal on the property 32 trees were noted to remain in »he area immediately surrounding the proposed building envelope. Five mature trees will be removed. Nolan asked if the building enveloped noted on the plans was exact. The applicant said it was approximate and allowed a 75 ’x75* area to build the house but may deviate somewhat. An e.xisting culvert may also be affected. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#1 - #2020 James Baice - Continued) Nolan asked if any covenants wll be put in place Nolan's concern was with a future owner clear cutting the property to obtain lake views. The applicant noted that the open space around the proposed house will be more to the east than west and with primary views to the south. Bruce is willing to file a covenant to place tree removal restrictions west of the house, betw een Oxford Road and the house, and within the area to the north. Mabusth commented on the cul-de-sac issue. Bruc** had wanted to keep the cul-de-sac due to landscaping features but Staff advised of potential problems The cul-de-sac, in its present location, will never serve as a turnaround irea. The sewer line that will run through that area, and the approximate 50'diameter paved cul-de-sac is inadequate to serve as a turnaround. The applicant said he could understand the City s view on this but would like to try to save the mature tree in the area. The Planning Commission agreed that the surface of the drive could remain until building was completed on lot 3. During the public comments. Sue Nelson, who owns the property to the north of proposed lot 2, commented that her swimming pool is located only 30-40' from the shared lot line. The Nelson home is farther away. The closeness of ihe pool to the proposed building site could become a nuisance according to Nelson She said she would prefer the open area to the south used for residential development and limit tree removal along the north. Peterson commented that the setbacks are being met. Nelson responded that Oxford Road is a private street, and the covenants state that property cannot be subdivided without the owner receiving approval of property owners to allow an amendment of the covenants. Mabusth confirmed that the City docs not enforce private covenants. The applicant should be advised to commence the process of amending the covenants. St^ cannot schedule the subdivision and vacation applications before the Commission until this is finalized. Don George of 495 Oxford Road, lives across the street from the proposed development. George reported being aware of the covenants and is concerned with the new development. Peterson asked Bruce how he was not aware of the covenants. Bruce said he was notified this past week after an attorney’s title opinion was completed. The seller had not informed Bruce of the covenant. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 Mark Randow, a member of the church located to the north and east of the propeiy, said the church is surrounded by the property under discussioa The chur.h has an outdoor chapel and its use would be overshadowed by any building done on the weekends. Randow said the church has been long standing and would Uke to sec building construction curtaUed on the weekends as well as around-the-clocic type constiuction. Concern was also voiced on the increased drainaged from the property noting the drainage easement on the east side Peterson noted a concern also for any ne^v property owners because of the outdoor v eddings being conducted Randow noted a need for screening or landscaping as a bamer between the properties. Sue Nelson recalled past problems with their septic system prior to hook-up to sewer noting the need tor these tuture lots to be connected to sewer. Peterson said he had no problems with the vacation of the easement within Staff recommendations but was concerned now having learned of the existing coven^t. Peterson felt it would be necessary to table this issue until the matter of amending the covenants is resolved The sketch review noted that the property is subdividable, and if the civision falls within covenant rules, would be subdivided Other issues of sewer and drainage will be addressed as part of the normal subdivision review. Lindquist agreed with this summation and the need to table the application. \pplicant Bruce reported that the seller informed him that the covenant has been amen^ in the same fashion before, and there is an amendment process within the covenant, which the owner is now undertaking for this application. Bruce asked the Plannmg CommisMon for an indication of approval, subject to the covenant amendment, and an idea of the time frame. Peterson said the missing information could result in stopping this process but does show good improvements made from last meeting. Smith asked for clarification on the use of the existing unit on lot 2. Mabusth responded that the appUcation is similar to the recent Kipler/Sargent appUcation, where a covenant was executed to limit future use of an independent accessory structure as a guesthouse. The structure would have to be connected to sewer to serve a bathroom, but it was not that no kitchen would be allowed. Peterson moved, Lindquist seconded, to table AppUcation #2020 until more information is received on the existing covenants and their effect on the application. Ayes 5, Nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15. 1995 (#2) SCHEDULED PUBLIC HEARING/PUBLIC INFORMATION MEETING - #2021 JAMES HALE AND JAMES BRUCE - 575 OXFORD ROAD AND 565 LEAF STREET - SUBDIVISION OF A LOT LINE REARRANGEMENT - 7:30- 7:31 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr Bruce was present. This Application is a follow up to the sketch review There is a purchase agreement in process for the purchase of 0.10 acre from James Hale to satisfy the lot size requirement. There are no setback problems. The lot line rearrangement requires approval of the covenant homeowners, which have given approval in the past Mabusth noted that the Staf has no concern with the division of the lot lines as proposed. Peterson said the application was good, except for the problem with the covenant described in Item #1. Peterson suggested the need to satisfy the requirements of the covenants prior to approval of the application. Peterson moved. Smith seconded, to table Application #2021, to review covenants. Ayes 5, Nays 0. (#3) SCHEDULED PUBLIC HEARING/PUBLIC LNFORMATION MEETING - #2022 ROBERT MELAMED - 920 OLD CRYSTAL BAY ROAD SOUTH - PRELIMINARY SUBDIVISION 8:30-9:27 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr Melamed was present. The Applicant updated the Planning Commissioners on the preliminary subdivision. The property is 15 acres located on Old Crystal Bay Road across from the Carpenter residence. The proposal is for a 4-lot subdivision with septic systens. Wetland areas have been delineated. An existing driveway will be removed. Applicant is asking for a variance to the code to use the City driveway rather than going to an internal road. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#3 - #2022 Robcn Melamed - Continued) The Applicant is desiring to keep away from the wetland areas which would require removal of650' trees and excessive tilling within wetlands A permit is automatically granted by the MCWDifthe wetland filling docs not exceed 400' The MCWD will review grading plans No mitigation is needed but Applicant does plan to dredge wetlands in the future Melamed would like to create a ponding area and deepen another pond He advised that he received positive feedback on this from the MCWD Mabusth said that this would be considered a major application involving a conditional use permit and variance. Mabusth asked Applicant the purpose of the alteration Melamed said this would increase the wildlife areas and general aesthetic purposes, and to replace what has been destroyed in the past. It was noted that this is part of the general plan and not a part of the current review . The Applicant reported that after discussions with the Council, Park Commission, and Planning Commission, a 15’ outlot is requested at the west lot line adjacent to county road for a bike trail and would be part of the park dedication. Melamed noted that the Park Commission was concerned with burering the City presenre area on the east side from this property A decision is needed on whether this ^ould be dedicated on fee title as park dedication land or protected on private covenants Melamed noted the Park Commission preferred a park dedication, while the Council was in favor of a buffer zone as it was felt that better control was afiforded if City owned land rather than controlled as in covenants. The driveway on the south side needs to be decided. If no internal road is built, then two- shared drivewavs are curren iy proposed, one off county road and one off City drivway The question of whether the City desires to grant itself a variance or upgrade the drive to a City road needs to be decided upon. The upgrade would require a cul-de-sac, which Melamed said the neighbors do not want. Melamed said the Park Commission felt the area would not be enhanced by an upgrade. The Council is uncomfortable with granting a variance and is possibly looking at amending the code on the number of residences allowed to be served by a driveway. The Applicant prefers that a variance be given. Peterson read into the record a letter from Frances Graham and Robert Gummt voicing their desire that the City grant itself a variance. Graham and Gummt also asked that the developer not be allowed to use the word "preserve" in its name as they felt it was confusing and potentially misleading. They asked that trees and wetlands be maintained. During public comments, Mike Ellis, who lives next door to the properly on the south, voiced his disapproval of bike trails on the property Ellis asked how the creek would be ossed serving lot 4, and Melamed replied that a concrete culvert would be installed. Ellis objected strongly to the proposed Willow Drive to Brown Road trail. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15. 1995 (#3 - #2022 Robert Melamed - Continued) Duke Hust, who lives two lots north of the proposed development, reported that the bike trail would come very close to his home Hust's house is built close to the road and would lose his front yard. He does not object to the plan except for the proposed trail. Bridget Hust, 820 Old Cry stal Bay Road, voiced concern over loss of tall trees where the trail Is proposed Hust noted that the trail would come within 10* of her home. It was noted that the Park Commission had voted against a trail on the west side, 3/2, but the Council was in favor of the trail at this location Nolan asked if the concern was that trail connections might not be made if built on the east side of this proposed development, which Mabusth confirmed Melamed noted that no connection would be made to the north unless Hust or Ellis should subdivide their property or it was acquired by the City. Hust agreed that this was a concern. Flint said that this was a matter of two decisions, whether to take an easement now or build the trail now. There is no plan to build now but it was the appropriate time to gain an easement. The possibility of having a trail on the east side and being unable to coimect to the cast was a concern as well as being obtrusive with the park. Peterson said decisions made at this meeting would not affect the trail issue as it wrill be resolved by the final decision of the Council Goetten responded that it was not the intention of the Council to extend the trail to North Shore Drive At this time, the trail is not yet able to reach the Luce Line. In regards to this specific application, Goetten said that nothing has been absolutely decided upon, and it will come up before the Council at a later date. The Council asked the Park Commission to look at a trail on the west. Goetten noted that the Council ha« never condemned a property for the trail. The Council will look further into this issue. Peterson asked for any further public comments. Hust commented that he agreed with the letter noted above. Ellis inquired about the size of the Cily-owmed driveway. Melamed commented that it was his goal that the development would look like it was i»ot even there from the road. Melamed does not wish to disturb the wooded landscape. Nolan asked if restrictive covenants would be placed on tree removal. Melamed said this wou'd be accomplished through covenants or conservation easements. The restricted areas would correspond to the building setbacks. The purpose is to create a border on each lot that eliminates any tree removal. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#3 - <^2022 Robert Melamed - Continued) Smith inquired of the size of the borders Melamed said he has drawn in buffer zones along the exterior lot lines of the propeny at a 50* width that is only encroached by septic areas Staff has recommended a 30’ wide buffer along shared interior lot Unes Nolan asked that where driveways extend along shared lot lines, that jO* wide buffer not include area of drive, but to extend buffer width to maintain 30* buffer. Peterson personally felt a variance should be granted to the ordinance, and no change be made to the ordinance Peterson would like the City Attorney ’s ruling on whether a Oty can grant itself a variance It w as later noted by Gaflron that this had been done with the post office parking lot. Mabusth noted that the Applicant has submitted a letter stating he will follow the path decided upon bv the Citv in regards to access roads Melamed had thought that the dnvc would have to be upgraded to a road The Planning Commissioners repUed that another alternative for access would be decided upon but no upgrade of City drive would be recommended Goetten said the problem is that there are already two homes there, and does the City grant a variance for two more. The Council does not look favorably on other developers doing so, then, why should the City allow themselves to gain from granting a variance. Goetten said the Council was also not in favor of an internal road. Nolan asked Goetten if the Council preferred two shared access drives off Old Crystal Bay Road Goetten replied in the negative. Melamed's partner, Ron Lauer, asked if it was possible for the City to make the road a public road. Mabusth said the roadway is already public By code, if a third house is built, then the driveway must be upgraded to a road. Applicant asked if the City were to find no legal problems with granting itself a variance, as it does with others, would the Ci^y look hard at granting this request. Goetten said the Council needs to look at the big picture and noted conflicts wdth several ordinances at this time. Lindquist voiced his favor of the bike easement along Old Crystal Bay Road. Lindquist also said he understood where the Council was on the issue of the drive; and even though it may be the best solution, the possibility of coming off of Old Crystal Bay Road was there Mabusth said the Engineer recommended grading of the bike trail along with the developer's grading. The Engineer advised that it would be difficult for the City to do filling in the future. The filling of w etland areas was an issue as the City would be required to find mitigation areas It is easier for developers to accomplish before residential development. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#3 - #2022 Robert Melamed - Continued) Hust spoke for Art Ellis Ellis said a dike was formed when the existing drive at Old Crystal Bay Road was built It had been dry prior to that time. Melamed reported that the Eneineer had said the low land had to drain to the north. Husi commented that Ellis said theland used to drain to the southeast. Peterson said drainage was an issue in all applications and would look at ensuring that no further problems occurred. Smith asked for clarification on driveways being the personal decision of a homeowner. Mabusth said the curb cuts require approval, but where the drive comes off the curb cut is decided by the homeowner. Lindquist moved, Nolan seconded, to approve the preliminary subdivision for Melamed/Lauer with the understanding that a variance be granted off the City driveway to allow two units served from the City drive with four lots in the total subdivision. Application must meet the 9 conditions stated in Staff memo in addition to conditions as follows: 10) create buffered zoning for driveway zones, 11) report received from City Attorney prior to going before the Council on the City's legal right to change the ordinance or allow a variance granted to the City, and 12) encourage developer to change the subdivision name from the "preserve" name. The Applicant asked for clarification if Park Dedication, a buffer zone, or an outlot would be done on the east side of the property Mabusth said the City usually does not take wetlands as part of Park Dedication. Nolan asked ifthe purpose was to only provide a buffer zone. Flint said that other wildlife concerns have been noted, such as a north-south pathway for wildlife. Flint said granting a fee would be preferred but would like to sec a buffer for the wildlife pathway. Ayes 5, Nays 0. (#4) #1999 DAVID AND VICKI VICKERMAN, 2475 DUNWOODY AVENUE - VARIANCES - CONTINUATION OF PUBLIC HEARING - 7:32-7:42 P.M. Mr. & Mrs. Vickerman were present. Mabusth reported that the application was originally filed for a deck structure within the 0-75’ zone. The Planning Commission denied the application at the March meeting, but confirmed the need for a new staircase along with the removal of the boat house. The City Engineer will need to confirm whether an existing retaining wall will be needed once the boathouse is removed. The area where the boathouse sits will be restored with natural landscaping Mabusth commented that a demolition permit will be needed and noted that 18 cubic yards of fill will be placed in low areas and to provide adequate soil base to allow planting of ground cover Landscaping will minimize the fill. There is also the option of stones or chips but no geogrid material is to be used. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#4 . #1999 David & Vicki Vickerman - Continued) Nolan was concerned with the stabilization of the slope. It was noted that once the boathouse is removed, timing is critical. Nolan did not want the application to have to go throutzh the Planning Commission process prior to stabilization once the boathouse was removed. The Applicant respoiided that Bill Nicwum ot Minnetonka Portable Dredging will demolish the boathouse and fill with a clay/dirt combination with dirt on top and attempt completion within a day Mabusth noted that the City Engineer would need to be there when this was done to see that guidelines were followed. Mabusth asked the applicant to inform Staff of the d.»te and time for the demolition. Nolan asked if the slope could be stabilized without a retaining wall. Mabusth said the Engineer thought this was possible as the rest of the ground appears to be stable, and loose eanh and debris appear to have been swept to rear of boathouse giving the appearance of severe erosion. Mabusth also said that the area w'here the boathouse is now located is level. Both Peterson and Berg said the Planning Commission w ould rely on the expertise of the City Engineer The Applicant commented that they proposed to use crown vetch in the landscaping. There were no public comments. Smith moved, Lindquist seconded, to approve Application #1999 with Staff recommendations, and specifically, that the City Engineer be on site when the boathouse is removed. The Applicant is to work with the Engineer on steps taken to stabilize the slope. Plans must be acceptable to the Engineer. Ayes 5, Nays 0. (#5) #2005 SAILORS WORLD MARINA AND BOAT CLUB, 1955 SHORELINE DRIVE - CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING Application #2005 was tabled at the request of the applicant. (#6) #2007 TONY EIDEN COMPANY, 2800 COUNTRYSIDE DRIVE WEST - CONDITIONAL USE PERMIT - CONTINUA flON OF PUBLIC HEARING - 7:42-7:54 P.M. Ross Lineham represented the company. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#6 - #2007 Tony Eiden Company - Continued) Lineharn reported that the purpose of the berm on the north lot boundary, which continues on to the west, is a result of an effort to make lot 1 more saleable. A void was filled in between two berms to create a new berm Work was done on an existing berm on the west and at existing grade on the east There were no de\iations. Mabusth said that the berm was partially completed. Mabusth said that the primary and alternate septic sites force drainage to immediate rear of residence. It was noted that the ground was wet in the back yard. The Engineer recommended construction of a swale to the rear by the house that would carry drainage from east to west. The applicant said there was enough elevation for proper drainage via the swale. Mabusth asked the applicant if he thought about a swale between the lots, draining to the south and direct drainage out to Countryside The applicant agreed saying the the hill carries major drainage from higher elevations at east. Mabusth reported that the septic is a mound system, and there is a need to direct drainage away from the toes of the mounds. Peterson asked how the berm by the City trail along Watertown Road impacts the drainage. The Applicant said the berm would have no imrtet on trail. Mabusth said the berm presents problems for the septic system sites and concentrates drainage via lot 1 to the immediate rear of residence. Lindquist asked if the plan would meet the 20' septic setback. The Applicant replied that it would when amended. Lineharn also said that he was working with Steve Weekman, who approved the mound system, and asked to see Weekman on the site rather than through additional paper work. Mabusih said that the issue was of such great importance that it cannot be worked out on site only. Smith responded that it was needed to be on paper first. Peterson said he had no problem with the berm as long as it did not affect the drainage system to which Mabusth agreed. Peterson saw the issue as one of enginwring and grading being worked out with the developer and Weekman. Mabusth said the Engineer has recommende ] ‘ .at a swale be developed to rear of residence and/or along slm^ lot lines of 1 and 2 or a combination of both. Nolan noted the importance of maintaiiung a 20' septic sepa'?tion with site drainage on uic jtiared lines or directing away from it. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#6 - #2007 Tony Eiden Company - Continued) Nolan moved. Smith seconded, to approve Application #2007 for the installation of an L- shaped berm on lots 1 and 2, block 2 subject to the berm maintaining a 20' setback separation from the drainfields. The Applicant must provide site drainage plans satisfactory to the City Engineer along with an integrated drainage plan along the shared property lines and between the residence and drainfield for lot 1 with an easement accompanying agreed swale. Ayes 5, Nays 0. (#7) #2013 FRESHWATER FOUNDATION, 2500 SHADYWOOD ROAD - CONDITIONAL USE PERMIT - CONTINUATION OF PUBLIC HEARING - 7:54-8:12 P.M. Boyd Burton, Vice Chair of the Freshwater Foundation, and Board of Director members, Robert Searles and JoEllen Hurt, were present. Mr. Burton relayed the groundwork on the history of the institute, which was formed by Dick Gray in 1968 to do research on preservation of fresh water, and who then built the institute. An agreement was made with the University of Minnesota in 1974 and was given over to the university in 1976 as i -research institute and named the Gray Freshwater Biological Institute. Burton said the university has concluded, that due to budget restraints, they are unable to continue to afford operating the foundation. Two options were available; one, to put the foundation on stand-by, or two, give the foundation back. The intent is to not change the purpose but to be more of an educational organization informing the public on fresh water issues. The original construction cost paid by private contributions was 4 million dollars. Since then, another 3-1/2 million has been spent on research. The building sits on five acres, with an additional 2-1/2 acres south of the building, as well as two outlots. It was found that no conditional use permit was ever issued to either the foundation or the university. The foundation's application is to correct that mistake at this time. Peterson reported his pleasure in seeing the institute back in the community and would like to see school tours of the institute. Peterson is in favor of the CUP and asked Burton if he war. ? ware of Staffs recommendation for the CUP. Peterson is concerned that no CUP be is.;i «d V ;:hout written documentation that the university has removed dl hazardous !iiid that any hazardous waste be taken care of and disposed of in a proper manner. The Applicant said the formal decommissioning will take place by the end of July. Smith asked who the regulatory agencies involved were and if they concur with these decisions. The PCA is the agency involved. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#7 - #2013 Freshwater Foundation - Continued) There were no public comments. Lindquist inquired of the ADA requirements for the building. Burton said an inspection has occurred. Only small differences were found and few modifications needed. The plan is to comply but no time schedule has been decided. There are two levels to the building. The elevator is not ADA approved at this time but would only be necessary if the public were to be exposed to the lower floor in the future. Smith asked that a time frame be part of the recommendation. Mabusth said the institute acts as a polling place and could work out the details with the City on compliance. Appropriate Braille signage on bathroom doors were needed as soon as possible. Hurr asked when next election use would occur. Mabusth advised in fall of 1996. Berg asked about parking and any plans for paving or expansion of the parking lot. The Applicant says there are no plans to expand, and the occasional wet conditions of the lot are the only complaints received Hurr replied that any additional parking would require a CUP. Nolan asked if any conferences were held that would incur problems with parking. It was found that there were no guidelines in place for this situation, and Mabusth said no problems have been reported. Lindquist moved, Berg seconded, to approve Application #2013 for a CUP for continu^ use as a research facility as the Freshwater Institute. The Applicant will bring the building up to ADA codes within a year of their receiving the property, July, 1996. Proper certification will be needed from the MPCA. Ayes 5, Nays 0. (#«) #2015 MARK HARRINGTON, 4080 BAYSIDE ROAD - CONDITIONAL USE PERMIT/VARIANCE - PUBLIC HEARING 9:43-9:54 P.M. The Certificate of Mailing and Affidavit of Publication were noted. John Amot represented the applicant. Mabusth reported that the application is for a 35'x44', 3-story addition, which will double the size of the existing structure. A variance setback was granted for a detached garage in 1984. The detached garage will be removed when the attached garage, which is part of the application, is built. minutes of the orono planning commission MEETING HELD ON MAY 15, 1995 (#8 - #2015 - Mark Harrington - Continued) A conditional use peimit will be required for a guest apartment on the upper level of the addition This will be non-rental and serve as a mother-in-lawp;^ apatment. A^ss from the principal structure wiU be via a hallway. There wll be three entrance from the outside will be by the mudroom. Another entrance wdl be off the garage, with travel through the garage and up the hallway to the apartment ^ther ^rLe will be at the lower level basement. The basement wiU be accessed by a stauweU but will not be finished at this time. Mabusth informed the commissioners that future plan call for removal and replacement of the original structure. The appUcation is the first step in the improvement process. Another addition will be placed in line with this proposed structure. Nolan asked about the pine trees in front of the residence. Amot said trees have already been moved, and the trees there now will remain. Amot said the county has given their approval for the driveway. There were no public comments. Peterson said, while the Planning Commission normally takes a strong stance on grant height variance.'., this is not an issue here. Bergmoved, Nolan seconded, to approve Application #2015 wnth the four Staff recommendations and additional conditions as follows: 5) rweipt of County permt for new driveway; 6) closing off the old driveway; and 7) obtaining demolition permit for the removal of the garage. Ayes 5, Nays 0. (#9) #2016 MARK DUPONT, 2275 WEBBER HILLS ROAD - VARIANCES - PUBLIC HEARING The Application was tabled at the request of the applicant. (#10) #2017 WILLIAM HIBBS, 1905 FAGERNESS POINT ROAD - VARIANCES - PUBLIC HEARING 8:13-8:28 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Hibbs was present. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#10 - #2017 WUUam Hibbs - Continued) Mabusth reported that the applicant was before the Planning Commission a few yeare ago for a proposed enpansion of the residence. The application was denied by the Planning Commission due to the excessive amount of hardcover. The hardcover issue involved structural and non-structural hardcover. The current proposal involves the removal of the 25'x44.3', 1 story, west side of the residence and replace with a 23.5’x44.3', 2-1/2 story addition. The driveway would be relocated offof Fagersness Road. Two accessory structures will be removed, and a new driveway will be installed. The new access has been approved by the Engineer. Mabusth explained how side setbacks work on comer lots; 15' setback is required off Webb Street, and 33' is proposed. 30' is required for a front street setback. There will be 23' setback from ragemess Point Road. Mabusth noted that it the structure was to be moved to the north to meet required 30 ’ setback, more excavation would be required. All improvements result in hardcover reductions. Lindquist asked how close the deck is to the road Mabusth said the deck is located about I5’-20’. In reviewing the information, the structural coverage is reduced by 3% and is proposed at 23%. The hardcover reduction is 18%; reducing it to 31.97% in the 75-250' setback area. Setbacks are improved. Peterson commented that the proposal is a major improvement to the lot and the structure. There were no public comments. Nolan asked if the shed on the property would be removed and received an affirmative reply. Smith asked that the yard be cleaned up and stuff removed. The applicant said it would be done after construction is completed as there was no place to store anything now. Mabusth reported that applicant advised that there will be no retaining wall to the west adjacent to garage but graduated landscaping. Mabusth asked applicant if he considered moving the structure to meet the 30' setback. Hibbs responded that this would require removal of a large Hackberry tree and would not want to lose the tree. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#10 - #2017 William Hibbs - Continued) Nolan acknowledged the need for an apron on the drive but asked that area limitations be set. Mabusth said the back-up are was included in the hardcover proposals. The detailed site plan will be submitted prior to the application going before the Council. Nolan moved, Lindquist seconded, to approve Application #2017 for variances to hardcover, structural coverage, side and street setbacks subject to apron dimensions being established before going to the Council meeting Ayes 5, Nays 0. (#11) #2018 RICHARD BORN. 1991 FAGERNESS POINT ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING - 9:33-9:37 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Bom was present. Mabusth reported that the application is for a CUP to install a permanent dock. The dock is existing but the applicant is asking lo expand it. There are no setback problems. The DNR has issued a permit, which Staff has received a copy. The applicant will need to review his proposal with the LMCD. The applicant responded that he has begun this application process Mabusth commented that the visiting Planning Commissioners remarked on tne^ construction ofthe railing on the upper deck. A permit was issued for a new rail. The original rail was of solid construction. The new railing will be more open. Approve'was given in 1991 for this construction. Nolan commented on the landscaping on the lakeshore portion of the lot, which has plastic underlayment. The Applicant responded that this was installed when he bouglrt the property. Peterson informed the Applicant that the plastic is considered hardcover and would be desirable if removed. Lindquist moved, Berg seconded, to approve Application #2018, subject to LMCD approval. Ayes 5, Nays 0. (#12) #2019 LEISEL COX. 3445 SHORELINE DRIVE - CONDITIONAL USE PERMIT - PUBLIC HEARING 9:37-9:43 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Leisel Cox was present. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#12 - #2019 Leisel Cox - Continued) Mahiicth informed the members that the application was for a conditional use permit for a Class 1 restaurant in the Ov'erson Building. The Keaveny property is to the immediate east of this property. Mr. Keaveny was present and still owns that building. Mabusth showed the survey of the building and the parking, which has 28 stalls. Mr. Keaveny confirmed that there was no shared docking or parking areas. Cook said the parking will still be workable after improvements on CoRd 15 is completed. Nolan questioned if it was appropriate to ask for a certain number of parking stalls. Mabusth did not believe this was necessary, noting there was never a parking problem at this property. The site plans call for a coffee shop type restaurant serving espressos, sandwiches, and soups. Peterson said the CUP application is consistent with the use. Smith moved, Nolan seconded, to approve Application #2019 for a conditional use permit to include the three recommendations. Ayes 5, Nays 0. Mabusth added a third condition to the application. There is now one bathroom, Separate bathrooms must be provided for men and women. (#13) SKETCH PLAN REVIEW - #1800 MICHAEL PLANK, 4115 WATERTOWN ROAD - REQUEST FOR CONCEPTUAL DIRECTION FROM PLANNING COMMISSION Michael Plank was present. (jaffron reported that approval had been originally given in February of 1993; but through an apparent miscommunication, final exhibits were never submitted by the applicant. Consequently, the applicant never went before the Council and expired in February of 1994. The backlot ordinance was adopted since the original approval, and any new subdivisions after January of 1994 need to meet the current standards. An example of how that affects this application is the requirement for 150% of the lot area and width. Gafffon stated that at this time, this is a sketch plan review and requires no formal vote. In way of background, prior to 1988 this property was a 25 acre parcel. In 1988, it was subdivided into three lots and a 30' width access outlot. Approval was given for the shared use of the driveway outlot for the new house on Lot 3 and a second lot which might be split from it in the future. In 1993, preliminary approval was given to rearrange the boundar/ between Lots 2 and 3, leaving 6.2 acres with the house on Lot 3 and 13.6 acres with the house on Lot 2. Plank then would have the ability to sell the house on Lot 3 but maintain control of the outlot and enough acreage for a possible split in the future. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#13 - #1800 Michael Plank - Continued) On Exhibit C, proposed Lot B will consist of 6.2 aaes. Gaffron noted that in Staffs opinion, new lots are created if this lot line rearrangement occurs. If Planning Commission concurs, then Lot Bwould need to meet the 7.5 acre requirement. Neither Lot B proposed now or Lot C proposed for the future would meet the 300' width standard at the front line where they would abut the outlot To avoid the backlot acreage issue, a 6.2 acre lot that abuts a platted 50' road with a 100 cul-de-sac would not be considered a backlot and would not have to meet the 150% width and area requirement. There would still be the need for lot width variances on the cul-de- sac. Gaffron noted that with the Highway 12 studies underway, there could be changes in the status and character of Watertown Road in the future. Also, Planning commission is reviewing the current status of driveways in regards to the threshold number of driveways required for upgrading to road status Gaffron also asked the following questions; • Does the road have to be built if it's platted? . If, in the future, a third driveway (from the old house on Lot 2) becomes the third driveway using the outlot, will it have to be upgraded to road status? • How will expanding the outlot to a platted road and cul-de-sac wdth afreet the acreage needed for splitting off an additional lot? Plank said he bought the original 25 acres in 1976. He indicated the intent at that time was 4 total lots. One lot was divided off in 1977 and remained the same for the next 1 1 years. In 1986, he noted there were 20 acres along with the old house. There were 3 potential lots left at that time The house that is now on Lot 3 was moved in; and since timing was of the essence, a lot line was drawn rather quickly. Plank would now like to keep Lot 2 with the additional land but would like to swing the lot line downward. Nolan asked if Plank does not plan to subdivide further, why he would not keep the lot at 7+ acres instead of 6+ acres Plank responded that he did not believe it would be wise to give up a possible lot, and the wetlands need to be considered in the calculations. Lindquist explained what he perceived the situation to be. The Applicant is looking for 3 total lots, but is not now at the point of creating the third lot. There are now two houses on a potential 3 lot property, but the 3rd lot would need a variance to make it a 3rd lot. These lots are not platted. There is current a backlot (Lot 3), which conforms to the 7-1/2 acre requirement. If it were reduced to 6.2 acres, it then would not conform. Lindquist asked if the road could be platted without actually putting the road in, or is the commission willing to grant a variance when the land is in the 5-acre zone. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#13 - #1800 Michael Plank - Continued) Plank asked if approval could be given under the 1993 standards. Lindquist said the standards of today need to be upheld. Peterson asked for Plank's opinion on a road with a cul-de-sac. Peterson said the Planning Commission would probably look favorably on giving a width variance in this circumstance Plank said a road would take more space and questioned what would happen if changes were to be made to Watertown Road. Nolan said the approval could stipulate what would trigger a change if the drive were to come off of Watertown Road. Referring to Exhibit D-6, Peterson said if lot Y (the future 3rd lot) has a home with it, then a road would be needed Prior to this, the road would only be dedicated. Plank would maintain control of lots X and Y and road postponed. If X or Y were to be built on, the road would be constructed. Lot X might need access off a cul-de-sac if Watertown Road were improved or its status upgraded to a level where limiting individual driveway access onto it is critical. Gafiron questioned whether the City could require the Applicant to close their drive from Watertown Road under the current lot line rearrangement application. Plank ask why he would want to do this Commissioners responded that when applicant's desire a change in their properties, this is the time for leverage in gaining solutions to future "what-if questions. Lindquist said an easement covenant would be required as a deed restriction on the sale of lot X and development of lot Y. The width variance would be a non-issue. Other commissioners agreed. Lindquist asked if the City could require Lot X to access off a cul-de-sac in the future. Gaffron said if Lot 1 (XA^) were divided, the City could then change the access to a road, and the road could be built for a level of 3 users. Plank asked if this issue could be addressed at that future time. The commissioners informed him that it was being addressed now and was consistent with a 3-lot division. Gaffron said the 1988 resolution which allowed lot line to happen, included a statement that the developer could use the outlet to serve lot 3 and a future lot split from it (Y and Z). Lindquist and Berg said yes, but the code has changed, and that split never occurred. Plank was reminded that if lot 2 were sold now, there would likely not be enough land to have another lot. Nolan commented that future commissions and councils might view the property differently and Watertown Road might not be upgraded. Any future changes would be decided on at time of future applications, but, the time to gain the easement is now. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#13 - #1800 Michael Plank - Continued) Plank reiterated that it was necessary for him to sell the home on lot Z now. He was informed that any other changes would be reevaluated and cautioned as to what was done with lot Z as it could affect lots X and Y. Gaffi-on informed Plank of the time schedule for preliminary approvals. Peterson reported that a for sale sign could be installed now. A sale can be contingent on application approval. Peterson suggested Plank work out details with Staff. PLANNING COMMISSION COMMENTS (#14) REPORT BY PLANNING COMMISSION REPRESENTATI\'E ATTENDING COUNCIL MEETING OF MAY 8,1995 - JANICE BERG Berg reported that the Council approved the zoning applications. It was noted that the Palm application was amended. The 50' lakeshore setback is to be met including any structure or deck. The findings on the grading and drainage pattern was removed. The Line application findings on drainage remained. (#15) OTHER ISSUES FOR DISCUSSION Gafiron was notified that there would possibly be no quorum for the May 18 public information meeting. If necessary, any vote would be continued to the next meeting. The Planning Commission members discussed the conceptual change in code in regards to the shelter proposal but not specifically tied to the shelter. Smith commented that she hoped public opposition to a commercial code would not hurt the possibility of the project. The Planning Conrniission also discussed the code regarding the number of drives conung off of a public driveway which is an issue in the proposed Melamed development. Smith said it was her understanding that the Council were against granting the City r* variance. Gaffi-on noted that the City granted itself a variance for the post office parking lot. ADDITIONAL ITEMS (#16) PLANNING COMMISSION APPROVAL OF MINUTES OF THE APRIL 17, 1995 MEETING Lindquist moved, Berg seconded, to approve the Minutes of the Planning Commission Meeting of April 17, 1995. Ayes 5, Nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 15, 1995 (#17) PLANNING COMMISSION TO SELECT A REPRESENTATIVE TO ATTEND THE JUNE 12,1995 MEETING OF THE COUNCIL Peterson v^ill attend the June 12. 1995 Council meeting. Lindquist is the alternate. ADJOURNMENT Lindquist moved, Peterson seconded, to adjourn at 10:48 p.m. Ayes 5, Nays 0. Stephen Peterson, Chair Person Crime Stoppers Inc. Annual Meeting and Dinner Mancini's Char House May 18.1995 Our 16th Annual Meeting and dinner, held at Mancini's Char House in St Paul, began at 6 pm with dinner at 7 pm Our keynote speaker this year was Larry May He is retiring from the Board of Directors this year. Larry is a founding member of our program He was presented with a special recognition plaque by Chairman Workcuff, for his long and faithJFul service to the Board of Directors and the program Holly Bauman presented an overview of activities the program has been Involved in this past year and stated our current statistics Special guests, Jim, Sue and their daughter Anne Rimarcik were recognized for their 3 year donation of our new office space. Also recognized was Carmen Piccirillo for his help with the Treasure Island casino project. He was accompanied by his wife Lymell A surprise envelope was delivered by Carmen on behalf of the casino It was a check for $10,000. This is the first installment, of what we hope, will be many more! Election this year are as follow s; OffHceri: Kym Workcuff, Chairman Steve Sullivan, Vice Chairman Tammy Peterson, Treasurer Mary DeMarre, Secretary Donna Hanbery, Legal Council Three Year Ternu; Steve Sullivan and Dana Harris. The evening was then adjourned at 9-10 pm. Respectfully submitted by Holly Bauman for Secretary Mary DeMarre TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator June 9, 1995 SUBJECT; City Administrator Out of Town From June 10 Through June 16 I will be on a fishing trip to the Lake of the Woods from June 10 to June 13. I will then be at the League of Minnesota Cities conference in D-luth from June 13 to June 16. As a member of the conference planning committee, I will be moderating a session on uA.mcipal finances. In my absence, John Gerhardson wUl be the Acting Administrator. He will serve as staff to the Council at the June 12 Council meeting. TO; FROM: DATE: Mayor and City Council Ron Moorse, City Administrator June 9, 1995 SUBJECT: Council Update 1. 2. 3. 4. Meeting with school district officials regarding Old Crystal Bay Road. As the Orono School District is planning for the construction of its new elementary schooU it has been discussing how best to create a unified campus given that Old Crystal Bay Road divides the campus into two sections. The School District’s first thought was to close the road. Staff indicated that would not be possible. The second option proposed was to realign Old Crystal Bay Road to the east of the school campus. As staff discussed this option with the School District, staff made the point that only a small percentage of the traffic on Old Crystal Bay Road is non-school related, so that realigning the road would be an expensive proposition with a small amount of benefit. We then focused on options for m^ing the road more compatible with the idea of a umfied campus^ allowing the school to construct bus lanes separated from the roadway, but m the roadway right-of-way. Another idea was to think of Old Crystal Bay Road ^ a "parkway ” in terms of integrating it more into the school campus while still mamtaimng it as a north/south collector roadway . Several months ago a representative of Ryan Construction, a large development firm, advised me that they were pursuing the 8 acre parcel on the northwest Willow and Highway 12. Their initial plan was to build a grocery store, probably Rainbow Foods. I indicated the city did not want the north Highway 12 arra to be a major reuil area and that a Rainbow Foods store did not fit mto the this area. I did however, indicate there had been some discussion a^t whetter a Byerly ’s Store would be acceptable. I suggested he contact Byerly s to determine if the area could support a Byerly ’s. I recently received a call from Rym Cons ’maion indicating they now have control of the site. They have not yet developed a development proposal for the site. Mandated drug testing program. Effective in 1995 all private employers of commercial vehicles drivers were required by Federal Uw to institute drug those drivers. This law becomes applicable to cities on Janwiy 1. 19M. Suff haw been working to determine the most cost effective method of complymg with tins requirement.^ It appears the actual cost of the drug testing will not be great, but it wil require a significant amount of additional record keeping. Staff *■'' mformation regarding the drug testing program to the Council as part of the 1996 budget proposal. Old Crystal Bay Road bike trail update. Due to requirements related to the ^il gi^t available for 1995 construction, the construction plans have changed somew ^ grant funds may only be used to fund a continuous segment of pathway and "o* ^o separate segments. For that reason the plan for 1995 is still to ^t^t^n^Traff is connect the trail on the former Dickey property- to the Luce Lme currently in discussions with the new owner of the property just north of Watertown Road to^construct the trail off of the right-of-way on that property. If those discussions are successful that portion will be constructed in 1995. SCHOOL LIAISON'S FINAL REPORT FOR SCHOOL YEAR 1994-X995 BY SCOTT BORIS SCHOOL LIAISON MONTHLY REPORT By Scott Boris Month of: FINAL 94-95 CURRENT YEAR TO DATE SCHOOL ACTIVITIES Police initiated Client Initiated Total TOTAL Meetinqs Attended 0 54 Professional contacts 0 0 0 102 Student contacts 2 287* Counseling 0 2 2 96 Law Enforcement 0 0 0 158 Parent Contacts 0 168* Counseling 0 0 0 56 Law Enforcement 0 0 0 45 Teacher Contacts 0 59* Request for class 0 12 Student Info 0 6 Misc 0 Extra Curricular 0 1 1 LAW ENFORCEMENT Initiated Assigned TOTAL Theft 0 21 Vandalism 0 0 7 Assault 0 0 27 Drug/Alcohol Cases 0 0 16 Other Cases 1 1 39 TOTAL ALL CASES 1 110 Dispositions 7 61 School Only 0 36 Diversion 0 9 Court 4 16 I.C.R.’s 4 4 195 Professional Contact: Includes Psychologists, Social Workers, Lawyers. Police Officers from other departments. Etc. Police Initiated: Liaison starts. Client initiated: Student, Teacher or Parent starts. * Grand totals are different because each individual catagory was not always tracked. SCHOOL LIAISON MONTHLY REPORT By ocott Boris Month of; May 1995 CURRENT YEAR TO DATE SCHOOL ACTIVITIES Police Initiated Client Initiated Total TOTAL Meetings Attended 9 54 Professional contacts 11 5 16 102 Student contacts 46 285* Counseling 10 4 14 94 Law Enforcement 30 ! 2 32 158 Parent Contacts 25 168* Counseling 1 1 56 Law Enforcement 15 9 24 45 Teacher Contacts 0 59* Request for class 0 1 2 Student Info 0 8 Misc 0 Extra Curricular 0 1 1 LAW ENFORCEMENT Initiated Assigned TOTAL Theft 0 21 Vandalism 1 1 7 Assault 2 2 27 Drug/Alcohol Cases 2 2 16 Other Cases 6 6 38 TOTAL ALL CASES 11 109 Dispositions 7 57 School Only 2 36 Diversion 1 9 Court 4 12 I.C.R.'s 18 18 191 Professional Contact: Includes Psychologists, Social Workers, Lawyers, Police Officers from other departments, Etc. Police Initiated: Liaison starts. Client Initiated: Student, Teacher or Parent starts. * Grand totals are different because each individual catagory was not always tracked. SCHOOL LIAISON REPORT OF HOURS WORKED 1994-95 School Year BY SCOTT BORIS MIddI* school High School Elsm.Studont Ctr. All School MItc.Monthly totals July 22.25 9.5 0 17.5 14.75 27.5 91.5 August 1 1 0 0 2 0 4 September 48.5 36 2 3 3.5 2.5 95.5 October 49 33 2 0 4 1.5 89.5 November 37 19 1 0 8 0 65 December 41.5 28 3 0 0 1.5 74 January 22 11.5 0 0 33 0 66.5 February 56 27 0 0 5 0 68 March 32 29 0 0 0 2 63 April 36.5 24.5 0 0 0 0 61 May 55 30 0 0 0 0 85 June 25 19 0 0 8 0 52 TOTALS 400.75 248.5 8 20.5 70.25 35 783 GRAND TOTAL 783 JULYt for this years report, July will include all hours since the program started in the spring of 1994 IVlISSIOlSr STATEMENT: To provide Law Enforcement services directly to the Orono School district. Will be a resource person to the students, parents and faculty of the Orono School District. OBO-ECTIVES : My objectives for this year were to: establish a Liaison Program that fits the needs of the school; Inform the students, parents and faculty of the Orono School District what the role of Liaison Officer is; work as a team member to identify pre-delinquent students and intervene to help prevent delinquency; provide guidance to students, parents and faculty regarding Law Enforcement matters. HIGHLIGHTS: In order to accomplish these objectives I did the following; Addressed every class at the Orono Middle School and High School. I informed the students of the reasons that this position was being implemented. Addressed the teachers of the Orono Middle School, High School, emd Schumann Elementary School and informed them of what I can do to assist them as the Liaison Officer. Gave a review of the Liaison position to the Orono City Council, Long Lake City Council, and the Minnetonka Beach City Council. At the request of the teachers I gave classes and tours of the Orono Police Department. Worked with the administration to counsel, divert, or charge students who had violated the law. Encouraged the students, parents and faculty of the Orono School District to contact me with any questions or problems. X jAW ElSTFORCEiyiElSrT HIGHLtlOHTS : 1. The Orono Police Department intercepted a small amount of marijuana at the homecoming football game. 2. Found an effective diversion alternative to first time, minor drug and alcohol abuse cases. (Changa Direction) 3. Had a case directly reported to me about possible sex abuse. This case yielded six victims and resulted in four charges. 4. Charged one student with possession of a dangerous weapon on school grounds. (Felony) 5. Charged one student with possession of a small amount of marijuana and drug paraphernalia at the Orono Middle School. GOALS FOR NEXT YEAR: I intend to make the school liaison program more "customer" driven. I am planning on soliciting the input of the faculty and perhaps the students of the Orono School District to find out how I can better fill their needs. I want to attend more extra curricular activities. We will continue to refine this program to work with the policies and practices of the Orono School District. The success of this program came from the fact that I was greeted as a colleague at the school and worked as a team member to make this program succeed. It was not my purpose or intent to discover criminal activity. I did not initiate any investigations or find any evidence that led to a criminal case. For the most part, faculty and staff discovered the initial evidence that led to a criminal case, and without that support the success of this program would have been greatly diminished. As a police officer, I normally deal only with the emergency aspects of a situation. I watch as people continually destroy their lives one piece at a time, always wondering if anything could have been done prior to this emergency. It's exciting and rewarding to work as a team that attempts to preempt a problem before it becomes criminal. Thanks to everyone who made this possible. // /; / JOB TASKS (In priority order) Law Enforcerr.ent Reporting and processing criminal cases. Follow UP Processing the paper work for my contact with students. This includes case investigations and necessary paper work for processing police reports. Pre-Delincuent behavior The identification and intervention of students who are showing signs of resistiveness behavior fcr criminal violations and school violations. Docur.ent:at icn The process of tracking my activities and contacts. Preparing and disseminating monthly reports. Completing miscellaneous paper work related to the position not covered under case follow up. Inf orm.at ion Provide information to students and faculty about police and ways to access cur services. Counseling Follow up with students who have been involved in minor or first time criminal or rule violating behavior. Being available for students to come to me with questions or problems. Parent follow uo Contacting parents of students that I have counseled to answer their questions or address their concerns. Meeting Attendance Attending mieetings with school staff and students to contribute or receive information about students. Extra Curricular Activities Attending sports events, dances, retreats. Youth in Action activities as a police officer or chaperon. Classes Provide classes to students in support of teachers requests or make arrangements for other law enforcement staff to present classes on related subjects. Student Center Be available at the Orono Student Center after school and cn special occasions. \ ‘ . i • iv mONOf/M m iBr r SlBANNC K»PW* PWNOPAL DAVID BCNSON ASSOQATt PRWaPAL Orono Middle School • 685 Old C rystal Bay ROAD North , RO. Box 16 • Long Lake , Minnesota 55356-0016 • 612.449.8450 AN Equal OfTOinwmr Enpidyen June 1,1995 Mr. Edward J Callahan, Jr. Mayor of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mr. Callahan and Orono City Council Members; It is appropriate at this time to share some of my observations and recent years with the Orono Police Department. About eight years ^o, the opportunity to woilc with the department regarding someschool students. My reaction and sense at that time was that the cooperation was satisfactory, though somewhat mechanical. Solutions were found, the situation resolved, and no further communication was warranted. Business was completed. In recent years, the middle school has had more communication wth the Orono police. The department is very cooperative when asked to assist us in some Stuations, and a friendlier atmosphere seems to be present. I have observed a noticeable improvement of professional attitudes, work ethics, and ar) atnwsijere conducive to assisting us in a timely manner with the greatest potential of success. Thank you for this program. More recently, the police liaison pro^arn has t^n extremely successful with middle school students. Officer Scott Boris is to be commended for his efforts, time, and superb assistance to the administration of Orono Middle School. There is truly only one way these improvements are really sucxessful - leadership. Police Chief Steve Suilivan has provided many of these Ijsitive changes. In my experience with leadership, success comes when lea^rs provide an atmosphere of encouragement, seek ways to increase professioria development of others, actively participate in learning new and improve the profession, auid give of himself / herself sincerely and wholeheartedly. As I take leave of my administrative role in the Orono School District, I want to take this opportunity to congratulate you and the council members forfleeting Chief Steve Sullivan to lead the Orono Police Department to new heights of . . professionalism. He, too, is to be commended. I. as one a definite positive change in the level of cooperativeness and atmosphere. Sincerely, C"/ Sue Kueppers, Principal 7-. DANIEL F. REGAN 3410 NORTHSHORE DR ORONO, MN 55391 r Home phone(612)471-9318 Work phone(612)475-1860 Work FAX (612)475-2357 Mayor Ed Callahan City of Orono 2750 Kelley Parkway Orono, MN 55356 /.■liifi FISHERMEN THAT TRESPASS 111! We are grateful for the "NO PARKING" signs on Northshore Drive and Tonkawa. I haven't seen anyone trespassing on my dock, until yesterday !! Now the fishermen are migrating from the bridge on Tonkawa to the shores of Crystal Bay and they are trespassing on private property. My children (16 and 18 years old) came home from school yesterday and "TWO LARGE MEN" were on our dock. My daughter (18) honked the horn and waved them off the dock, the fishermen waved back. She wanted to take the boat out to meet her friends but was afraid to go near the strangers. Both children were concerned about having "strangers" wandering around our property. My son (16) called me at work and I called the Police dispatcher (525-6210). I don t know if they responded, by the time I got home it was raining and the fishermen were gone. I see a definite migration of fishermen since the gas station was closed and I expect that the new landing will bring with it a whole new set of problems to solve. Should we wait for the problems to develop and then react or should we take positive action now and try to prevent problems. How can we work together (City of Orono, Orono Police, Hennepin County, State of Minnesota, DNR, IWCD, ^OA, xxxxxyyyyyzzzzz) to provide access to the Lake without imposing upon the private property of the local residents ?? This is not a new problem, I drive on Highway 15 several times a day and almost always see someone imposing upon private property. I am sure that there are other locations with similar problems. Once the fishermen have established a pattern it is difficult to change that pattern. I would like to prevent a pattern from developing in my area and maybe try to solve some other problems. I would like the City of Orono to do three things: 1. Develop an informative sign that could be legally enforced by the Police Department. In certain areas of the Lake it is hard to tell if roadside (and other) property is private or public, (not docks). If the signs were made of metal and used consistently throughout the city it would prevent people from using the excuse "I didn't know that this was private property.” Signs could be purchased from the City or purchased directly from tha manufacturer, (or better yet the City could pay for them.) Each property owner would be responsible for their own signs. 2. Enforce the "NO PARKING" signs: we can use the money for overtime, for reserve officers, for signs. 3. Help us to establish a "Neighborhood Watch" so that neighbors can report trespassers whether or not the owner is home. Our neighborhood is highly visible and mostly vacant during the day. (Absentee owners on the corner, both spouses working outside the home, older residents.) Combine the vacancy factor with an invitation to use the nearby public landing and good fishing from shore and you have a problem just waiting to happen. In a slightly different matter, I have not seen the final plans for the landing and do not know if they include a fishing pier or any other access on Crystal Bay. It seems natural to assume that the landing will develop new traffic patterns for boats, pedestrians, and automobiles. Lets anticipate the changes and try to prevent problems before they happen. Keep in^^uch. Dan Reg MEMORANDUM TO: FROM: DATE: RE: North Tonka Crirae Prevention Board Desyl Peterson, Secretary June 6, 1995 June Meeting I will be out of town for the June meeting. Would someone be kind enough to take minutes. Officer Rick Karnitz has asked the Orono City Council to authorize a full-time police canine officer position. Karnitz is presently part-time. Apparently, at least one Council Member has asked what the Coalition thinks about re-instituting the canine program. Would the Board please consider whether it wishes to take a formal position on the issue, which would then be communicated to the Council. ' * CRIME WATCH PUBLIC EDUCATION NORTH TONKA CRIME PREVENTION COALITION (a Minnesota non-profit corporation) SERVING THE COMMUNITIES OF LONG LAKE. MINNETONKA BEACH. ORONO AND SPRING PARK AGENDA NORTH TONKA CRIME PREVENTION COALITION June 14, 1995 State Bank of Long Lake, 5:00 p.m. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Call to Order. Approval of Minutes. Treasurer's Report. Neighborhood Watch. National Night Out. Corn Days. Police Canine Program. Police Report. Other Business. Adjournment. 2730 Kelley Parkway • P.O.Box 267 • Long Lake. MN 55356 • (612)473-7710 MINUTES NORTH TONKA CRIME PREVENTIOM COALITION May 10, 1995 1.CALL TO ORDER. Vice President Menzel called the meeting to order at approximately 5:10 p.m. at the State Bank of Long Lake. Present: Andersen, Byrne, Menzel, B. Peterson, D. Peterson, Sullivan, Widmer. Absent: Berg, LaClare, O'Sullivan. 2.MINUTES. Upon a notion by Byrne, seconded by Andersen, the minutes of the meeting of April 12, 1995 were approved. 3. TREASURER'S REPORT. The Treasurer's annual report was presented and is attached. 4.ELECTION OF BOARD MEMBERS. Upon a motion by Byrne, seconded by Andersen, Berg, Menzel, and D. Peterson were re-elected to the Board, with the term of O'Sullivan allowed to expire. 5.ELECTION OF OFFICERS. Upon a motion by D. Peterson, seconded by Byrne, B. Peterson was elected president. Upon a motion by B. Peterson, seconded by Byrne, the following individuals were elected as the other officers for the coming year: 6. V. President Treasurer Secretary NEIGHBORHOOD WATCH. Menzel Byrne D. Peterson Board members commented on the newspaper article and photograph featuring Andersen. He reported that the article generated 6 calls from Mound residents, 3 from Independence, and 2 from the Scotch Pine Lane neighborhood in the Coalition's jurisdiction. Board members discussed the possibility of doing crime watch groups with the multi-family buildings, particularly in Spring Park. The Edgewater and Bayview complexes appeared to be good ones for an initial effort. Sullivan said he woulu assign Office Bruce Anderson to work with Andersen and Widmer about setting up a program. D. Peterson indicated she had read about a statewide COALITION MINUTES May 10, 1995 Page 2 prograni targeting nulti~faraily buildings. Sullivan said they had reviewed it briefly and felt it was not appropriate for this jurisdiction. 7. NATIONAL NIGHT OUT. B. Peterson reported that the comnittee had net and assigned tasks. Rick fron Rick's Super Valu is very interested in supporting the effort. The comnittee was checking into possible prizes. They will ask each city council for a proclamation and are preparing announcement to be placed in business windows. Sulliyan reported that the Long Lake city council would like to do something in all three of their city parks. Board members decided that Council Member Liz Olson should be invited to attend the next committee meeting. 8.FUNDRAISING. D, Peterson reported that NSP had issued a check for $400 for Safety Camp but had addressed the check to the wrong organization. Sullivan reported that the list of equipment for the Police Department had been approved by the Council. There will need to be follow-up with Berg. Byrne provided the form for requesting funds from the Lions. 9.POLICE REPORT. Sullivan reported sending a letter to Long Lake residents on Coalition letterhead advising of recent burglaries. He said he had been meeting with each of the cities trying to tailor police service for each community's preferences. Each city is saying something with a slightly different emphasis. Spring Park is concerned about illegal drugs, Minnetonka Beach would like more traffic enforcement, and Long Lake wants more neighborhood contact such as stopping at baseball games and a bicycle patrol. Two corporals are being trained so that they can train other officers for the bike patrol. Sullivan believes they will need approximately $650 for another bicycle and related^ equipment. Board members discussed including this in the fundraising request. 10. OTHER BUSINESS. D. Peterson reported that the Safety Camp date had been changed to August 8, 1995, and reported on the new things to be added this year. COALITION MINUTES May 10, 1995 Page 3 D. Peterson also reported that the Board had received an invitation from Officer Rick Karnitz to attend his graduation from the police canine academy. Board members thanked Byrne for the Long Lake State Bank's donation for the police officers' tuition reimbursement program. There was discussion about renewing the crime prevention tips in the newspaper, but the manual that these came from has been lost. Menzel suggested that an updated list of Board members be sent to the Catalyst so that they could receive it. 11. ADJOURNMENT. Vice President Menzel adjourned the meeting at approximately 6:15 p.m. Respectfully Submitted besy^L'^ 'feterson Secretary J NORTH TONKA CRIME PRE\-ENTION COALITION 1995-1994 1994-1993 Beginning Balance 5*1-94 $4,284.58 $4,462.94 Donations/Fund Raising (I)$1,831.50 $1,750.00 Expenditures (2)(2,587.86)(1,928.36) Ending Balance 4-30-95 $3,528.22 $4,284.58 (1) Revenues 5-1-94 tlirough 4-33-95 Signage Purchases; 6-9-94 8-26-94 11-10-94 11-23-94 $260.00 81.00 80.00 50.00 Donations: 6-9-94 French Creek .Veigliborhood 6-27-94 Lake Mika Marathon 6-28-94 Buckliorn Da\s $600.00 600.00 160.50 Total Revenues (2) Expenditures May 1,1994 through April 30, 1995: May 1994 5064 Stacy Word 5065 Don Sura 5066 Add Turnecy 5067 Joey Feldman 5068 Nicole Fisher 5069 Tim Personius 5070 Postmaster June 1994: 5071 Void 5072 Cash-Dunk Tank 5073 Gear West Police Bike 5074 Orono Police Benefit July 1994: 5075 Earl Anderson-Sigiiage August 1994: 5076 .Ian Berg-Corn Days 5077 Chris Fisher-Night Out 5078 Budget Printing September 1994: 5079 Blitz-Safety Camp 5080 Jan Berg-IIollov.ecn Candy $50.00 50.00 50.00 50.00 50.00 50.00 11.25 $32.00 599.38 80.25 $552.74 $120.50 30.00 84.14 $131.08 13.20 $471.00 $1,360.50 $1,831.50 $311.25 $711.63 $552.74 $234.74 $144.28 • • • November IW4: 5081 B. Pefersen-Safety Camp $82.54 $82.54 January 1995; 5082 Budget Prinllng $111.64 $111.64 February 1995: 5083 Weslonka Comm Education $ 19.00 $ 19.00 March 1995: 5084 B&S Industries-Lite Slicks .^420.04 $420.04 Total Expenditures $2,587.86 SEE OVERSIZED i DOCUMEDT!! : ■' •* ?-«1 ' •# FRENCH PRESERVE MO^OWD SUMMVISKM rO« MELAMED-LAUER PARTNERS M TNC ME 1/4 or ECCTION *-117-23 HCNNCriN COUNTY. WNNCSOTA ...... n;:.:; FRENCH PRESERVE \\,ZZZ. IH -rf Kli'fU >*. it ■ «k«4 - ! 'I"\ \ '. ,K'.'\K( ki IV PROPOSED SUBDIVISION FOR MELAMED'LAUER PARTNERS IN THE NE 1/4 OF SECTION *-117-23 HENNEPIN COUNTY. MINNESOTA . Ml lull jm V