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10-23-1995 Council Packet
V M / cou? NOTE - EARLY START TBVIE AgrOn^A^TOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 23, 1995, 6:45 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to he enacted upon by one motion by the City Council und er 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. ROLL CALL 1.6:45 P.M. PUBLIC HEARING - Off-Sale Liquor Application William Wear, 2160 Wayzata Boulevard *2. CONSENT AGENDA APPROVAL OF MINUTES *3. Regular Meeting of October 9, 1995 PARK CO^LMISSION COMMENTS - Rohen Howells Representative PLANNING COMMISSION COMMENTS PUBLIC COMMENTS - (Limit 5 Minutes Per Person)p CQUuClLl^EETiuQ OCT 2 3 1995 cm Of ORONO '•j 6 ■ 5^ ? c ZONING ADMINISTRATOR’S REPORT ^4.#1840 Hennepin County Department of Environmental Management - Nonh Arm Access - Conditional Use Permit/Variance - Resolution 5.#2000 Conlen G. Cloutier. 2480 Casco Point Road - Class I Subdivision - Resolution *6. #2051 Michael Hilbelink, 2760 Watertown Road - Final Subdivision Approval - Resolution 7.#2041 Phil and Darcy Otto. 4116 Hichwood Road - After the Fact Conditional Use Permit - Resolution 8.#2056 Michael & Barbara Wigley, 1035 Tonkawa Road - V'ariance/CUP - Resolution ij9.#2080 Greg and Dana Kellenberger, 4045 Watertown Road - Variance - Resolution 10.John O’Sullivan. 3340 Shoreline Drive. 2420 Shadywood Road - Council Direction .MAYOR/COUNCIL REPORT PRESENT.ATION BY DR. MICH, SLTERINTENDENT - Regarding Orono School Referendum ENGLNEER REPORT CITY ADMINISTRATOR’S REPORT 11.Overlay to End of Willow Drive 12 County Road 15 Roadway P • , c’. - East End - Resolution JS IT Adoption of Assessment R.1 \ii.>hway 12 Sewer/Water Project Phase II 14. Juvenile Curfew Ordinance Aiiiendmeni #1 15. 1995 Third Quarter Revenue and E.xpenditure Repon CITY ATTORNEY'S REPORT -Resolution NOTE - EARLY START TIME AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 23, 1995, 6:45 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (•16.) LICENSES (•17.) BELLS trPCOlVIING ISSUES AND EVENTS 10/18 - Highway 12 Policy Committee 5:30 p.m. 10/23 - Council meeting 6:45 p.m. 10/24 - School Board meeting 7:00 p.m. 11/06 - Park Commission 7:15 p.m. 11/10 - HOLIDAY - Veterans’ Day Observed 11/13 - Council meeting 7:00 p.m. 11/14 - School Board meeting 7.00 p.m. 11/20 - Planning Commission 7:00 p.m. 11/23 - HOLIDAY - Thanksgiving Day Observed 11/24 - HOLIDAY 11/27 - Council meeting 6:45 p.m. 11/29 - Truth In Taxation Hearing 7:00 p.m. Public A ttendance MEFTTiG D ate //) 0^ C ouncil □ Planning C ommission □ Park CoM\nssiON Please oll out the infohaution REQUESTED BELOW FOR OUR CITY RECORDS. ^ A JL m. M. ^ NAME (please print) PRESENT FOR (from agenda) ADDRESS NAME OR NUMBER 2. •, ./<-'/ ^ /V 4r y, ~7 ^ ^ //✓ ^ ^ > 7 /V/y? V > ^ nr OilrV<vv( Cel 7. 9. 10.. 11.. 12. 13. 14. 15. 09U9S.4 ( V___ W %0 % %wiL f^cEONG OCT 2 3 1995 REQllEST FOR COIT.CO, ACTION DATE: October 19, 1995 ITEM NO: ) Department Approval: Name Ron Moone Title City Administraior Admini^rator Reviewed: ¥A Agenda Section: Item Description: Public Hearing - Application for Off-Sale Liquor License at 2160 Wayzata Boulevard Application William Wear has applied for an off-sale liquor license at 2160 Wayzata Boulevard. A sketch of the retail center at 2160 Wayzata Boulevard showing the proposed location of the off-sale liquor store is attached. Hearing Process 1. The Mayor opens the public hearing. 2. Staff provides an overview of the application, 3. The applicant describes the proposal. 4. Opportunity for questions and comments from the public. 5. The Council has an opportunity to ask questions of the applicant. 6. The Mayor closes the hearing /.The Council considers the application and lakes action Application Overview The application is for an off-sale liquor license to enable an off-sale liquor store to be located in a portion of the existing retail center. A. Zoning. Tlie propeny is zoned B-1 Retail Sales Business District, which includes an off-sale liquor store as a permitted use. Off-sale liquor licensing ordinance. The off-sale liquor license ordinance requires that "no off-sale establishment may be located closer than 1/2 mile from the otf- sale premise liceased in the city of Orono with a maximum of two off-sale licenses issued in the city." LAy Reqpoest for Council Action continued page 2 of 2 October 19, 1995 Public Hearing - Application for Off-Sale Liquor License at 2160 Wayzata BouleTard D. Existing off-sale establishments. There is currently one off-sale liquor establishment in operation in Orono. This establishment is located in Navarre. Although there is no off-sale liquor store in Orono in proximity to the proposed store, tiiere is an off-sale liquor store located across Highway 12 in the city of Long Lake in close proximity to the proposed location. The proximity' ot the proposed off-sale liquor store to the Long Lake store may raise the same issues that led to the current language in the liquor license ordinatKe that prohibits Inrating an off-sale establishment within 1/2 mile ot the otf-sale liquor establishment in Navarre. Uncertainty regarding Highway 12 land use. The type of development to be planned for the majority of the Highway 12 area in Orono is currently not determined. A study of Highway 12 land use is currently under way. This smdy may result in zoning changes that could affect regulations related to a variety of land uses including off-sale liquor establishments. COUNCIL ACTION REQUESTED: Motion to approve/deny the application for an off-sale liquor license at 2160 Wayzata Boulevard . m.70,Q m vO n m fin.,0' r “TLO.'sc'ju''£T:e ^ •1 ^-nr*LX. U-% Jjrrde U^-il<L ■r^f.L.-rd fr^iciical / ^ • w ,<U* L ?•'f,fl V- . •o' '.c l«.;-^r ^ irJ i (rr^.lZ 1 c Cl »/'[ . c- i. 5 r i, Medic^i Ljc K.| R' ,S\ ALL -a H'frn.'Cj. LJkrr^^'/ RfJ Aprr.r\ Oicr^o Cof:\ ■ ‘ SfOC< ♦V t r '■ /f' 1 i'i^sps Oo jn^U^ Sc.^' :5<r \ ^ J. //], I 70.iV t- I o cr^ m c^m rfiii • wV.tr--*►^•^'.1,,^ * 9 f»K. - »llj (?3) 2 IIL (31) Tinr <1 y*iri I fM ^a A •H.04 sv ' ^ 1 ;« 15$?• JT ^ '^V '*c / (?n E 130,^1 * rtiH t»t, :7 ------------------ •-SCtL OMt\o» I ^ J PROPOSKD 3LllLlft ’^arrrrfi w St >: *1' ■'>>«•» •i'««iSSK~ (^' I W!W- • f »• I •»' o ^j'o '?!) K4.U 'WE )5) ? i^eiA /'AD^JU s ?. ( 10) f 5D ^ , ^- r- n -• (48) S^.WC)•f DANIELS iji.oi ^ X ot .-p mrr g(36) ac Q TTyrr EXISTING !i- SHAUGHNESSY CIR 9) or 4G)- g iCJ (16) ? », 2 d » 3 (40 ^ LL • M.» 1 *(«)« **rxz (IS)Tmi »• 5 W*T*T*C };vi DOC »c '<5 II ^..tS5)H b* ^ *^ o (10) 1 9 R O ^9 d B " ,^(M)9 av 9 ^ (/;)9 CC'-r: OCT e , crryAf. rnnce or ruiue nuAmka crry or oaono MO TICE IS hMroy given mat the Orono City Council wiM fx>iO a puDic heennq m the Otv Council Chemoers. 2700 Ke»ey Partnmay. on Monday. OctoDer 23.1995. at 6 45 p m . at which time the City Council will hear comments from the pubic concerning an Off- Sale Uquor icense appication by Aiiltam W Wear at 2160 Wayzata Boulevard (Orono Shopping Center) m me City of Orona AN persons wishing to provide written and/or oral comments shall appear ai this time. Wnttan comments rnay be submifted to the Orono City offce. PO. Bo* 66. Cry^ Bay. .MN 56323 Dated October 2. 1995 By Order ol the City Courcil s/ Oororhv M. Hallin City Cter* (Published m The Lafcer and P'or^eer Oct. 9. 1996) Affidavit of Publication State ot Minnesota, County of Hennepin. Bill Holm, being duty 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 slated 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 ; 7,7 /7 isrcu/'* ■/ ,■ftMich is attached was/cut from the columns of said newspaper, and was printed and published once each week tor / successive weeks: It was first published Monday. o'^ ... .. .'i/Zilday ofthe and was thereafter printed and published every Monday, to and including Monday, Subscribed and sworn to me on this rJTOiyyKRISTI HOUM NOTAP V PU9UC - IliNmOrA MY COMM. EXPIRES i-MOm HateYrilormatlbri ”^"^ (1) Lowest claasifieo rata paid by commarctal uaart for comoarable space- Si 1.72 per inch. (2) Maximum rate allowed by law for above matter: S11.72. (3) Rate actually charged for above matter: S6.80 per inch. Each additional successive week: $4.90. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 9,1995 c:;i:.ciLr.':EETiNG OCT 2 3 1995 1 ROLL CITY OF ORONO The Council met on the above date with the following members present: Mayor Edward Callahan Jr., Council Members J. Diann Goetten, Gabriel Jabbour, JoEIlcn Hurr, and Charles Kelle>’. 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 Adminstrator Michael Gaflfron, City Engineer Glenn Cook, and Recorder Sherry Frost Mayor Callahan called the meeting to order at 7:00 p.m PRESENTATION - BOD HARDEN, WAYZATA AMERICAN LEGION TO LARRY TOMCHECK Members of the Wa\'zata American Legion Post presented an award to Officer Tomcheck for his heroic efforts in the life saving of Mr Ameson in 1994 on Lake Minnetonka. Mr. Ameson was found urKonscious after diving from his boat into shallow water near Big Island Officer Tomcheck performed CPR awaiting the assistance of the Hennepin County Sheriffs Water Patrol. Tomcheck was congratulated by Mayor Callahan and the Orono City Council (•#1) CONSENT AGENDA Items #3, 5, 7, 8, 9, 10, and 15 were added to the Consent Agenda, while #2 was removed Jabbour moved, Goetten seconded, to apor^A .* ‘he Consent .Agenda as amended. Ayes 5, Nays 0 .APPROVAL OF MINUTES (#2) REGULAR MEETING OF SEPTEMBER 25, 1995 Jabbour said the minutes should include as pan of the Mayor/Council Report a discussion recarding notifying the residents of Old Beach Road to remind them of their promise to ask the City of Mi^etonka Beach for a left turn lane from County Road 15 onto Old Beach Road. This has not been attempted, and the Council needs to address this issue auain Jabbour moved, Hurr seconded, to approve the Minutes as amended of the Regular City Council Meeting of September 25, 1995 as amended .Ayes 5, Nays 0 PARK COMMISSION COMMENTS There was no Park Commission report. 1ST- ?->v; M WUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9,1995 PLANNING COMMISSION COMMENTS There was no Planning Commisaon report. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR’S REPORT (•#3) #2044 GEORGE OLSON, 2775 SHADYWOOD ROAD - VARIANCE - RESOLUTION #3610 Jabbour moved, Goetten seconded, to adopt Resolution #3610 granting a hardcov er variance to George Olson of 2775 Shadj'wood Road for the construction of an addition to the existing residence Ayes 5, Nays 0 (#4) #2049 CHIC DWIGHT/TRED GUTTORMSON, 1220 TONKAWA ROAD - VARIANCE - RESOLUTION #3611 The applicants were present. Gaffi-on reported that the application is for a request for hardcover and lakeshore setback variances for a number of projects The applicants would like to replace the existing deck on the lakeshore side of the residence, build a screened porch below the deck area, excavate to the south side of the residence for a walkout door, and construct low' boulder waUs, all of which is in the 0-75* zone. The current setback to the lake is 42’ from the residence and 34' from the deck. During Planning Commission re'^ew of August 21, 1995, the applicant received a partial recommendation for approval of a screened porch under the deck and deck replacernent and stairs The approval was based on the deck not exlending past the south wall ot the residence Excavation to the south side wall and retaining walls to allow a window become a doorway was recommended The Planning Commission did not recommend the installation of the low boulder walls between the deck and shoreline as there was no justification or hardship shown The approval was based on the condition that the small patio below the deck be removed, as well as the small acces.sory building on the southeast section of the property Ilte old gravel driveway was recommended to be top dressed and reveuetated with full grass The applicant was also asked to remove the deck by the lake Gaifron also noted That the DNR lecommended denial of the deck and screened porch based on the fact that the property is non-conforming. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9,1995 (#4 - #2049 Chic Dv.nght/Fred Guttonnson - Continued) Gaffron said Staff docs not totally agree with the recommendation of the Planning Commission as it is felt the new screen porch located so near the shoreline would only increase the bulk structure of the property within 75' of the shore. Staff is also concerned that the approval of the excavation to create a walkout w ould possibly be precedent setting. Callahan asked the applicant if he had reviewed and approved the recommendation made. Guttormson said the main reason the property was purchased was because of the deck by the lake. He noted it is located near the end of the point and is partially hidden from view It is his main concern that this lakeshore deck remain. Guttormson said he was willing to eliminate the gravel road, had no problem with changing the stairs from the front to the back of the deck, would remove the small shed. althoti*?h it is not verv' visiole, and noted that the lO'xlO* shed had already been removed, as well a; ’he center section of the driveway, which was sodded. He is willing to proceed with the re -.•mmendations it the lakeshore deck can remain. The applicant said it was their intention to pertorm upkeep on the property. The rip rap has been found to be eroding and needs to be reconstructed in order to save trees. Chic Dwight commented that neighbors present at the Planning Commission meeting were not given the opportunity to comment on the application She said they were in favor of the proposed projects Goetten responded that she also was present at the meeting and felt their inability to speak was unintentional, an oversight, and apologized for the applicant's feeling of mistreatment. Hurr asked Gaffron if the StalT had concerns with approval of the walkout. Gaffron said the City has generally not approved major excavation in shoreline areas for properties high in elevation when the purpose is only to produce a basement walkout. This application, according to Gatfron, was considered minor in compariscin at 2 to 2-1/2' of cut He noted that the area was more than likely filled in when the house was built and is not in its natural state but was probably Hat and built up to accommodate the split-entry style home. The applicant said the area where they are asking for excavation for the walkout is on the east end and receives very little light. Their purpose is to gain more light into the lower level of the home with the walkout door. Kelley asked and received conHrmation that there is an entrance to the inside of the residence from the screened porch Kelley asked if there were any hardships for the requested variances. The applicant said their desire was to improve on the aesthetics of the home, to gain the extra light imo the lower level, and to repair the deck VUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9,1995 (#4 - #2049 Chic Dwight/Fred Guttormson - Continued) Jabbour inquired what the applicant would be allowed to repair on the deck if the recommendation was not approved, noting that the current railing does not meet code. Gaflron said boards could be replaced without a variance. The question is at what level of replacement a variance is needed. It a deck is totally removed, it would require a variance to rebuild it. The City would likely approve a variance required to maimain the safety of an existing deck. Jabbour asked if the change from a window to a w alkout door r^uires a variance. Gaffron said the variance, as well as a conditional use permit, is required because of the excavation. Hurr said she was concerned with the deck ’s encroachment on the lakeshore. The applicant noted that if the deck was asked to be removed, he would not proceed with the other proposed projects. Hurt said, even if the applicant would not proceed with the other improvements, she could not support the lakeshore deck remaining. Hurr was in support of the other recommended projects; though, she did voice some concern ot the excavation. Goetten said she was also concerned with setting a precedent by allowing excavation tor a walkout and would not support it She emphasized the majority of the home being within the 0-75 ’ zone Goetten said she would suppon the screened porch and deck but not the deck at the lakeside Jabbour said he takes a more realistic approach to the application. He noted that the deck is already there and would be rebuilt The screened porch would be over and above a patio, which is hardcover anyways Jabbour saw the tradeofts as substantial to the goals of the City as the property has been extensively cleaned up He saw the removal of the rock areas, driveway to the lake, and two sheds as major contributions to h^'dcover removal and W o of w hat the City would like remov ed Jabbour said lie would not support the boulder walls unless they were to stabilize the ground He did .support the walkout Kelley asked about the condition of the deck at the lakeside Gatfron said he has seen it but not walked on it The applicant said it was in good shape Kelley asked Gatfron how much repair could be done to this deck Gatfron said structural repairs could be allowed up to a value of of the value at the time the deck became nonconforming, probably in 1975 He was not aware if the deck was there at that time nor whether its value had lieen established The applicant said the house was built in 1970 Kelley asked if a urading plan had been presented at that time Gatfron said probably not The applicant said he has the original plans MINirrES OF THE REGULAR ORONO CIl Y COUNCU. MEETING HELD ON OCTOBER 9,1995 (U4 - #2049 Chic Eh%ight/Fred Guttonnson - Continued) Kelley said he would support the walkout, and supported the conurents made by Jabbour and the Planning Commission with the lakeshore deck remaining if the drivew ay was removed. The applicant noted that 1000 s f of hardcover has already been removed on the properly. Hurr said she w as not in favor of approval of keeping the lakeside deck. Kelley commented on approval for a lakeside deck received on the Norenberg Park property. Hurr responded that this was a different situation with the histone value of Norenberg. Jabbour moved. Kelleys seconded, to approve Application #2049 per the Planning Commission recommendation with the exception that the lakeside deck remains on the property. Vote; Ayes 2, Kelley, Jabbour. Nays 3, Callahan, Goetten, Hurr. Motion fails. Callahan moved. Goetten seconded, to approve Application »2049, Resolution #3611, per the Planning Commission recommendation. Vote; Ayes 4, Nays 1, Kelley. (•#5) #2051 MIKE HILBELLNK, 2760 WATERTOWN ROAD - ROAD NAME APPROVAL Jabbour moved, Goetten seconded, to approve the name of Copper V’iew Drive, applicant's first choice for the private road within the Rosch Addition plat. Ayes 5, Nays 0. (#6) #2058 RON RAN17t/AUTOGR.\FS, INC, 2525 SHADYWOOD ROAD - COMMERCIAL SITE PLAN REVIEW - RESOLUTION #3612 The applicant was not present .Mabusth noted the amendments to the resolution by the City Attorney regarding the intent of the City concerning rezoning of the adjacent residential property. The applicant will be made aware of this minor change. Jabbour moved. Goetten seconded, to approve Resolution #3612 Note Ayes 4, Nays 0, .Abstain 1. Callahan, who was unaware of the proposal (*#7) #2060 TIM FEYO/K AREN FULLER, 4055 ELM STREET - VARIANCE RENEWAL - RESOLUTION #3613 Jabbour moved, Goetten seconded, to adopt Resolution #3613 granting a lot area variance to Tim Feyo and Karen Fuller-Feyo for propeny located at 4055 Elm Street. Aves 5. Nays 0. ■1 • i MDOrrcS OF THE REGULAR ORONO CITV COUNCIL MEETING HELD ON OCTOBER 9, 1995 (•#S) §2067 BRUCE AND TERRY CLARK, 625 OLD LONG LAKE ROAD - VARUNCE - RESOLUTION #3614 Jabbour moved, Goetten seconded, to adopt Resolution #3614 granting a side setback variance to Bruce and Terry Clark of 625 Old Long Lake Road for construaion of an attached garage Ayes 5. Nays 0. (•#9) #206* PAT AND KATHY SMIEJA, 4040 WATERTOWN ROAD - VARIANCES - RESOLUTION #3615 Jabbour moved, Goetten seconded, to adopt Resolution #3615 granting approval of setback variances for Pat and Kathy Smieja of 4040 Watertown Road for construction ot a 14*xl6' three-season porch addition and 28*x36* living space/garage addition. Ayes 5, NaysO. (•#10) #2069 CINDY AND STEVE HARRIS, 3850 WATERTOWN ROAD - VARIANCE - RESOLUTION #3616 Jabbour moved, Goetten seconded, to adopt Resolution #3616 granting a variance to Cindy and Steve Harris of 3850 Watertown Road for construction of a swimming pool located nearer the front lot line than the principal residence structure Ayes 5, Nays 0. (#11) #2071 JAMES AND JOANN JUNDT, 1400 BRACKETTS POINT ROAD - AMENDED VARIANCE - RESOLUTION #3617 i*cotl Crawford of Kraus .Anderson Construction represented the applicants Jabbour immediately suggested tabling the application Goetten commented that the applicants have not responded to the request from the Planning Commission for an overall plan, which has caused the City to get bogged down with numerous applications without a look at the big picture ol the plans tor the property. Goetten said she concurs with the Planning Commission Chair in the need to perse\ ere in obtaining an overall plan. Kellev suggested denying the application. Callahan asked Crawford the reason for not having received a plan from the Jundts. Crawford said it was his understanding that all work for the overall structure has been submitted. He had thought the vana. .e application was complete and then found out differently Hurr said it was not only this structure that has been addressed Crawford said he was unaware of any further requests and has only responded per instructions. Callahan said it was not the number of variances, per se, but the project has been difficult to follow, and was concerned with losing sight ot the overall plan. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER % 1995 (#11- #2071 James and Joann Jundt - Continued) Cra'wford his company was only asked to construct, not design, the jM'oject. It is his opinion that this is the tail end of the prefects For the property. Huit noted the number of after-the-fact applications. Mabusth said Staff had asked Kraus /Vnderson for a comprehensive plan but have only received plans in pieces, such as for the greenhouse, the tuckpoiniing, the expansion, etc. No floor plans have ever been seen by Staff. Jabbour said the Kraus Anderson representative, in the company of the Jundt son, was asked two meetings ago for an overall plan The Council then rct^uested the removal ot a small portion of the driveway. He is concerned that with bits and pieces ot a plan, it makes the Council look unreasonable in their reejuests. Kelley asked if the City could ask the applicants to appear before the Council themselves with their application Callahan suggested tabling the application until the overall plan, before and after, has been seen prior to proceeding with this application Hurr moved, Goetten seconded, to table the application until the overall plan is presented and confirmation received that the driveway portion was removed. Callahan received confirmation from Mabusth that the driveway portion had been removed Vote; Ayes 4. Nays 1, Ke!le>-, who felt this application could be approved with the understanding that no further applications would be considered without an overall plan. Crawford said he was concerned with losing the ability to replace the trees if the application was tabled due to upcoming winter weather Mabusth said Staff could work out the tree removal and plantmg issue through a permit GalTfon noted that the plan calls for the removal of a 36“ elm to be replaced with two 4-1/2" maples. Callahan questioned how Staff could approve the tree removal yet it was part of the resolution Mabusth clarified that the tree removal and replanting matters are resolved under a Staff issued permit and that Staff needed Council's approval for the excavation Crawford said the replanting of the trees would only take a couple of days. The dm tree, itself, has already been removed, In MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER % 1995 (#11 - #2071 James and Joann Jundt - Continued) Jabbour suggested the variance be gj\'cn provided no building permit issued until the plans were recehTd by Staff. The other Council members concurred with this suggestion. Coundl discussed this option. Hurr advised that the final occupancy cannot be held up for the variance. Kelley questioned whether an application could be denied based on future work, and whether this was a legitimate reason to deny an application. Hurr then suggested tabling for additional information Callahan believed it 'vas reasonable to ask for the total project plan umil a decision was made on this application The information would relate to the finishing up of the project as a number of issues have been completed recently. ^Tie variance approval, according to Callahan, could be contingent upon receiving the plan by a certain date Kelley questioned whether the plan would be for the entire house and accessory structure or the accessory structure alone. Callahan said the plan should be for the entire site Callahan moved, labour seconded, to reconsider tabling the application. V'ote: Ayes 5. Nays 0. Gaffron reviewed the application. The proposal is for excavation partially in the 0-75' /.one in order to waterproof a tunnel in the hillside Tlie 36" elm tree has already been remov ed The City was made aware of the tree removal and asked the project be stopped The variance was then applied for by the applicant The proposal to e.xcavate the tunnel for waterproofing wall replace the soil to existing grade. The proposal calls tor mitigation for the removed tree with two new trees Gaffron said the packet includes a letter from Ostvig Tree Co , in which the arborist stated the elm tree was in a poor condition A healthy tree would not have sursived the excavation either. Jabbour responded that if the Council had the opponuntty to review the application, they might have chosen the tree over the waterproofing Crawford said when the repair of the retaining wall was taking place, it was felt the tree and roots caused the deterioration to the walls and removed the tree baswl on that assumption Hurr said, and Crawford concurred, that no discussion was had regarding the excavating and the tree Mabusth said the retaining wall at entrance to tunnel was reviewed under a previous variance'conditional use permit application dealing with structural improvements to greenhouse. Hurr said she was concerned with the comparison of replacing a 36" elm with only two 4" maples This did not seem like a reasonable two-for-one replacement. Mabusth said the building staff* has not reviewed the tree replacement. Jabbour said the variance application granted permission for the retaining walls only It was possible that the Council would have required the tunnel to be removed He voiced concern that the applicant was only succeeding with each project because only a little information is being given at a time 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9,1995 i(#n - #2071 James and Joann Jundt - Continued) HuiT moved to table t** - application. She a^ed what would be accomplished by saing the plan. Hurt is concerned that replacement with only 9" of trees is not wbat would be required of other applicants. Mabusth said Staff does not have a set pattern established for tree replacement. The building inspector makes the decision Th?re is no standard in the code for tree replacement Gaffron commented that it was not a tree-for-tree replacement Zoning staff does not review the tree removal permits Gaffron said no input was received from the building inspector on this application. Gaffron asked for additional direction from the Council. CaHahan questioned why additional direction would be needed if the «ssue had not been reviewed Gaffron said it was often difficult in an after-the-fact request to decide what is appropriate. He was concerned with tree survival and density it inch-tor-inch was the criteria used It was noted that a one-for-r^ne tree replacement was done on a project on Stubbs Bay. Callahan noted that the Planning Commission felt the two maples for one elm was reasonable. Hurr said she did not concur. Kelley asked who had done the drawing. Gaffron said the applicant Kelley said decisions might be different when they involve the 0-75' zone. Jabbour moved. Callahan seconded, to approve the variance providing tree replacement is of three -t-1/2" trees, and no building permit issued prior to lull comprehensive plan received by StatT including what has been completed and future prpjeas shown Callahan asked if the motion could be contingent on the plan in hand by a certain date, which was decided to be Friday, October 13. Hurr asked what would happen if the plans were not satisfactory Callahan said the idea was to get a general scheme of the property Mabusth said the plan could be reviewed. Kelley was concerned that this was opening a pandora's box and questioned whether the plans would be of issues not requiring a \ ariance Gaffron asked for ciaritication that the approval was based on not issuing the waterproofing permit until the plan was received and in hand by October 13 V'ote .Ayes 5. Nays 0. (#12) #2072 GRA^ DON K. NEW M.AN. JR*, 1655 BOHNS POINT ROAD - VARIANCE/CUP - RESOLUTION #3618 The applicant had representation. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER % IW5 (#12 - #2072 Graydon Newman, Jr. - Contimjed) Gaflfron reported that the request was for hardcov er and lakcshore variance for land alteration in the 0-75’ zone Reconfiguring of the access is invols ed as well as a walkway and shoreline improvements The existing platform, which exteiKls into the lake and on the shore, encroaches the neighbors property The proposal is to remove the deck, use the existing concrete stairs, and mov e the dock to new dock access Additionally, the rip rap height would be increased to a height 6-12" above the terraced area above the high water level mark, w hich is made of patio blocks Sand is to be placed between the higher rip rap and the existing retaining walls witn beach and native plantings Boulders are proposed to provide additional stability for the existing retaining walls. Gaf&on reported that the Planning Commission approved the application with the condition that the 5* width of walkway be reduced to 4', the deck be removed, but approved the sand above the blocks to add stability 1 he cement blocks were allowed to stay in place to potentially reduce the amount of erosion caused by wave action. Jabbour said a permit could have been issued to rip rap straight up Gaffron noted the City Engineer looked at the area and recommended the paving block be renu^ved Cook said he saw the blocks as just more hardcov er and serving no function. Goetten asked Cook if the patio blocks were not needed to accomplish what the applicant wished to do to eliminate the wave action erosion. Cook said no. adding that the rip rap is designed to take care ot erosion problems Jabbour commented if the patio block is removed, there would be a need to carry the rip rap further up to serve as a buffer zone Cook said this would have no effect. If the rip rap fails, then the patio blocks would also go The applicant’s representative. Dale Gustafson, said there were two issues His client did not know the dock was encroaching the neighbor's property The dock in the lake was non-conforming, and the applicant rearranged the dock to gain conformity and connect it to the wiilkway He felt it was sensible to go to the existing walkway that going straight up Secondly, the rip rap was already in place and would function well even if higher When the waves come in. until the vegetation has grown, something needs to be done to hold it in place Kelley moved. Goetten seconded, to approve Resolution sf3618 per the Planning Commission recommendations w ith the extraction of the patio blocks. Jabbour noted that the proposal was for a 5' dock but received contirmation from Gustafson that 4' was satisfactory MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9,1995 (#12 - #2072 Graydon Ncv^man. Jr. - Continued) Hurr said the j^opcity consists of scNtn pareds and requested the combination of the seven into one tax statement. GafBron said this could be required if it is connected to the variance request. JaMxmr commented that the connection is wth the ordinance requiring any accessory structure to be on the principal structure lot. Kelley amended the motion to combine the lot containing the dock with the principal structure lot. Goetten asked what the zoning was for the area. After hearing the zoning was I.RIB. Goetten asked that all of the lots be combined. Kdley asked for the opinion of the City Attorney. Barrett said the decision is based on what would compel the combination. The combination ot the lot with the dock and the principal structure showed a connection, but there was no connection tor the remainder of the lots to be combined. Hurr asked StafTto request of the applicant that all of the lots be combined. The motion was amended with approval per the Planning Commission recommendations and modified with the removal of the paving blocks and combination of the parcels containing the dock and the principal structure Jabbour seconded. Vote Ayes 3. Jabbour, KtUey, Callahan, Nays 2, Goetten, Hurr Goetten said she was for the application but would like to see all ol the parcels combined. Hurr asked that Staff convey to applicant that since two lots must be combined that they combine all of the lots The Council did not want to hold up the application but requested that a total combination be done. The representative said he would convey the information but felt the combinatin "muddied the waters" and only wished to correct a non-conformity Jabbour responded that the law prohibits a dock on any land without a principal structure, and no variance could be granted without the combination pertbrmed Hurr noted that there was no cost involved in lot combinations (#13) #2073 W ILLIAM AND SUSAN DUNkl.EY. 2709 WALTERS PORT LANE VARIANCES/CUP - RESOLUTION #3619 Gallron noted the presence ot the applicant s representatives. MLNIJTES OF THE REGULAR ORONO CITY' COUNCIL MEETING HELD ON OCTOBER 9,1995 (#13- U20: .'illiam and Susan Dunkley - Continued) Gaf&on reported that the application is for a request for a number ot variances for three' projects on the lakeshore property with a channel into Walters Port lagoon The application is for repair to the driveway, retaining walls, front stoop, as well as other rctainins wails. The wood retaining walls along the lakeshore would be replaced as well as the retaining walls along the garage. The front entry is proposed to assist in allevnating water problems. A 10*x33 ’ three-season porch and 10’xl6 ’ deck is proposed on the lakeside of the residence The Planning Commission reviewed the application and recommended partial approval based on replacing tlw existing wooden retaining walls with modular block retaining walls. The wood retaining walls would have to be removed per the Engineer's recommendation. Gatfron said applicants had sent a letter requesting that a portion ot the wood walls be allowed to remain in place since removal would create a stability problem. The front entry was noted to be intended to correct the water problem The Planning Commission denied the porch and deck as there was no hardship shown and because of the location so near the lakeshore within the 0-75' zone. It was further recommended that hardcover of rock with fabric and plastic be removed There were a few areas along the house and adjacent to the walkway which would remain Gaifron said Staif concurred with the Planning Commission recommendations. He noted that the porch and deck would have increased the lot coverage by structures from 15.1% to over 16%. While attempting to calculate the hardcover, it was found that some areas were not defined Staff recommended an as-built survey be completed to include the driveway that was recently rebuilt Based on the initial surv'cy. the new drive^vay apparently adds about 150 s f of hardcover. The net would not change considerably with the removal of the rock areas Goetten asked if the application was made before or after the project begun Gatfron said the driveway had been started He ti>!d the emrvway contractor it would be inappropriate to pour the concrete until the Planning Commission could review the plan. The concrete was poured without regard tor this advisory Hurr suggested that the as-built survey' be completed prior to any permit being issued The applicant's landscaping representative contmented that it was their attempt to save a large amount of trees and have found it difficult to grow grass in the back comer area. There is a large amount of hostas and other greens 3 he rock on the side of the house to the lake will be replaced with grass Hostas and other greenery will be placed on the nonh side of the house as grass is difficult to grow in this area. minutes of the regular orono city council MEETING HELD ON OCTOBER 9,1995 (#13 - #2073 Williim and Susan Dunkicy - Continued) The representative noted that there was no problem with removal of the wood retaining walls on the back side but was concerned with the area where the brick pavers are located. He believed once the top timbers are gone, the dirt would be disturbed and would lose some soil. He was concerned with getting the patio block back into the same place. He noted that the from entry addition would eliminate water pouring into the basement. Gafifron said the applicant, in a letter receK*ed on October 4, asked if no screened porch was approved, if they could place a sunroom over the existing deck on the south end. Gaffron said part of the problem was that the deck was located 6-T from the side lot line where 10* is required. It also is in the 0-75* zone and would add to the bulk ot structure^ on the property. There would be no change in the hardcover. The deck is currently 3-4 above grade with a railing. Kurr asked if there was any condition to when the original deck was built that it not be screened in. Gaffron sa«d he was not aware of any Goetten asked if this was to be part of this proposal Gaffron said it was an addition to it. Jabbour asked if the project was to be done in the spring The representatis'C said the applicant would like to complete the front entry this fall. It was noted that the property has a 3-car garage Kelley moved, Hurr seconded, to approve Resolution J?36l9 p>er the Planning Commission recommendation but allowing the wood retaining wall to be left in replace in area designated. It was noted that there was also a survey requirement in Staff’s recommendation. Jabbour said he was concerned with where the wood retaining walls would remain. Kelley said he was in favor of the walls partially remaining if it met with the Engineer ’s approval Condition 1 on page 4, exhibit .\, stipulates where the wood retaining walls would remain. The representative conlirmed that liostas and other greenery could be used in the areas where rock is eliminated V'ote: Aves 5. Navs 0 MINUTES OF THE REGULAR ORONO CITV’ COUNCIL MEETING HELD ON OCTOBER 9,1995 (#14) GARY DESANTIS, SAILORS WORLD xMARINA AND BOAT CLUB, 1955 SHORELINE DRIVE - L\NDSCAPE PLAN DEADLINE Mabusth reported that a lettor was provided by DeSantis regarding why the landscaping was not completed by the September 15 deadline DeSantis w^ present to answer any questions. Huit asked when the landscaping was initially set tor complaion Mabusth said a year w'as given from the time the permit was issued in 1992. The first e.xpiration date was 1993 Hurr felt this was an excessive amount ot extended time and did not recommend any further extension. She noted she had rrad the letter DeSantis said he has been served a tremendous hardship with paying the $40,000 cost for soil clean up and would have otherwise completed the landscaping. He noted the neighbor’s property has contributed to the contamination problem. He said there is now documentation that the gas station would be mitigating the contamination The documentation confirms that the load moves in his direction and has more than likely- affected his property. The document is in a draft form at this time. Hurt asked what would be a reasonable date for completion of the landscaping. DeSantis said the report by the MCP.^ is being reviewed now and was told would take about 2 months to complete. If it w as determined that there was no tiirther leaking, the landscaping could be installed. If monitoring wells were required, DeSantis said he would then need the funds to install both the wells and the landscaping. Goetten said she understt>od there were extenuating circumstances but could not understand why the MPCA was not in contact with the other property owner. It was noted that the property is in foreclosure Jabbour said it was his understanding from the owner that he was going to abandon the propeny This would result in no one being responsible tor the contamination. Hurr asked DeSantis if he vvas eligible for super fund reimbursement. DeSantis said there was a possibility of up to 90® o reimbursement. Hurr asked if the contamination problem was present in 1993 DeSantis said he was unsure of the order of the delay It had been his plan to meet the last deadline of September 15. 1995 and has been frustrated with the process and lack of assistance. DeSantis was asked how the landscaping would be affected He indicated the geoprobes to monitor the soil could possibly disturb any landscaping It was a 9-point process with 3 by the road, 3 in the mid section, and 3 by the seawall. DeSantis said he could stagger the landscaping and work around the probes but finds it to he a financial drain Callahan asked DeSantis if the delay now was due to cost or damage to landscaping. DeSantis .said it would be both. Mmuns OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER % 1995 (#14 - Gary DeSantis - Landscape Deadline - Continued) Jabbour noted that DeSantis is responsible for supplying the data to the MPCA. Kelley commended DeSantis on his willingness to assist the process. He noted the City a letter of credit on hand and could complete the landscaping but would create a financial hardship. Kelley said he would request to gi\e the applicant the benefit of extending the deadline to spring ot 1996. The situation could then be reviewed Goetten moved, Hurr seconded, to extend the landscape deadline to May 15, 1996, when a status report would be required. Ayes 4, Nays 0, Abstain 1, Jabbour. MAYOR/COUNCIL REPORT Callahan asked Moorse if the City had indicated the Council’s discomfort with the decision to install a semaphore at the intersection ot Wayzata Boulevard and Highway 12. Moorse said a letter was sent to Ntn/DOT. Callahan asked it the City would get an oflRcial request from the City of Wayzata for the semaphore Moorse said it was not his impression that this would happen Callahan said the mayor of Wayzata indicated he was willing to discuss the issue with the Council. Callahan asked what stand the City ot Long Lake was taking regarding the semaphore. Moorse said they were staying neutral regarding the issue Callahan commented that the mayor of Long Lake had informed him he was opposed to the stoplight as it was a matter of safety Callahan asked Staff about a letter in the packet trom .Mr. Gustatson regarding erosion and drainage on North Shoie Drive near ’he channel Gerhardson said Hennepin County was responding to and working with Gusiatson. Gerhardson said recent work being done upstream in the area was being investigated to see if the work created changes to the drainage Gustafson is aware that the City i nvolved in investigating the matter a.s well iis the County Callahan asked if the information passed on regarding Cc Td 15 at Orono Orchard and Wayzata Boulevard was an aaion item Moorse said information was received from the County at »he public information meeting regarding the Bracketts Point issue. It was found that the proposed right-of-way acquisition costs, although still expensive, were reduced significantly Moorse asked the Council for their recommendation on the right- of-wav costs and whether the Council feels the County should move ahead with additional plans. The County representative was asked for his feedback. Bruce Polaczyk, along with Jim Grube, were present Polaczy k said since the last meeting, he had met with the District State Aid Engineer regarding whether the rural section could be downgraded to a .suburban design to eliminate the need for some of the right-of-way easements Through a field review, it was decided that the area should be maintained as a rural design as it laid in a marshy area not impacting surrounding properties MINUTES OF THE REGULAR ORONO CTTV COUNCIL MEETING HELD ON OCTOBER % 1995 (Mayor/Couocil Rqx>rt - Continued) Polaczyk said he also had a meeting with the Right-of-Way Manager and conducted a field tour to revisit the right-of-way costs The right-of-way cost estimate has been reduced from $100,000 to approximately $65,000 to $70,000 This does not include any credit for the pond The reduction is due to the segment along the railroad track, which is felt to be able to be acquired thru a clear zone easement. Callahan asked if the Council agreed upon the range for the right-of-way costs, what step would be taken next. Moorse said it would be recommended to the County to do the next step in the design work. Polaczyk said the Council adopted the resolution for the layout in May of 1995. The County would like the Council to endorse the right-of-way costs and direct the County to move forward with a detailed design. Callahan noted that the costs were two to three times the amount the City has budgeted for the right-of-way easements. Jabbour said the resolution regarding the road project was contingent on the right-of-way costs not being excessive The Council needs to determine if the projected costs are excessive Kelley asked if the City would receive money for the pond area acquisition. Jabbour said the City would continue to own the property but it would be used as a pond and be a mitigation area. Polaczyk said he would meet with Gerhardson and the environmentalist to determine if the area can be used for wetland mitigation. Any roadway affecting wetlands has to be mitigated according to law Polaczvk said he was unsure how much wetland would be impacted, and it would be the next step to determine this. Callahan asked if the Council agreed to a certain right-of-way cost ceiling, would the County be comfortable with moving ahead. Polaczvk said he was not comtbrtable with lowering the cost for right-of way any ftmher as it is felt the projected costs have already been fine tuned Jabbour asked Polaczyk if the pond area was to be taken into consideration Polaczyk said he was not well versed on this, and another field tour would be required. It was questioned how much of the land could be converted to wetland since it was marshy to begin with Kelley asked who would make the determination and would like to hold to the S30.000 cost MINirrcS OF THE REGULAR ORONO CITY’ COUNCIL MEETING HELD ON OCTOBER 9, 1995 (Mayor/Council Report - Continuid) Jim Gnibe said S30.000 in the overall scheme of a 2 million dollar project is sin^ but understands it is a large amount for the City. He is not willing to gi\'c up ilic $30,000 from the City at this time Gmbc said he believes the project is needed and the road is in bad shape. He said it was reasonable to look at areas proposed tor wetland mitigation Jabbour said he would like to pass a resolution tonight regarding the issue with a ceding on the dollar amount for the right-of-way easements I le noted the rise in the cost trom the initial projection to the final cost for the stoplight at W illow Drive and I Iwy 1 ^ Grube said this was an important project. He would like to see what can be provided but could not provide l ceiling price. Callahan noted what was missing is a general range for the value of the pond from both the City and the County. He inquired if the Council Members had a range in mind Huir said it would be necessary to obtain the facts first. Callahan a.sked the County to obtain the off-setting figure for the pond before agreeing on the cost. jabbour asked Polaczyk if he w as comfortable with the $05,000-570,000 range for the ri«ht-of-way costs Polaczyk said the cost was derived by the right-of-way manager, and the correctness of the amount is based on his skill. Callahan asked that the information be provided for the next Council meeting. ENGINEER REPORT <•^^15) request for paymen r m - willow drin e street IMPROVEMENTS Jabbour moved, Goetten seconded, to approve payment ?^l for the Willow Drive street improvements to Butfalo Bituminous in the amount of $56,948 23 .Ayes 5, Nays 0. CITY’ ADMINISTR^ATOR ’S report («I6) APPOINTMENT OF COMMUNITY’ SERVICE OFFICER Moorse reported that this request was to replace a Community Service Officer with the hiring of a past intern who was familiar with the operations of the City. The new CSO would be hired at a rate of $7.10 per hour, and the pay of the current CSO would be increased to that rate also. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER % 1995 (#16 - Appointment of Community Service Officer - Continued) Goeftefl aflrut if Correy Fomiok, the proposed new CSO. would be replacing Chris Pislief^ or if Fisher would continue to work in that cr^>acity. Moorsc clarified that the City is in need of two CSOs, and Fisher would remain in his current position. Fomiok would be replacing another person H utt asked how many people had applied Moorse said he did not know the exact number but confirmed that the position was advertised in both the Star Tribune ar»d the local p^>er. Hurt was also informed that Moorse was comfortable with the selection process Kelley Itad also voiced his concern with the process Moorse said the selection is a 2-stcp interviewing process. Callahan said he did not see the reason for the Council to be concerned with the hiring and selection if the Staff was satisified with the results Moorse said it was brought to the Council as all hiring is approved by the Council per the City ordinance. Hurt moved, Goetten seconded, to approve the hiring of Correy Fomiok at $7 10 per hour effective September 25. 1995, and the increase of pay for Chris Fisher from $6 44 to $7.10 per hour effective September 25, 1995. Vote; Ayes 5. Nays 0. Callahan asked Moorse to review the need for the administrative detail to go through the Council (#17) BRACKETTS POINT CURVE ROADWAY IMPROVEMENT Callahan said the public was given the opportunity to comment on the proposed improvemerns of Bracketts Point Curv e at the public information meeting and would reserve this item for discussion by Council only Hurr noted the memo from Moorse on the number of accidents that have occurred in this location Between 1990 and 1995, 18 accidents have occurred ranging from 2 to 5 per year with one personal injury Goetten commented on the receipt of a letter from a former mayor, Mar>' Butler, on this issue, who was not in attendance at the meeting Callahan read the letter into the minutes The letter recognized the need for the curve on the road to be straightened out, a need for a bigger butter, a note of the higher tratlic levels, and asked Council to upgrade the road Callahan said he was unconvinced of the safety issue requiring the improvement. Callahan noted that the parkway system causes traffic to slow down and remain slowed down He said the comments from the minutes from the information meeting and the public meeting two years ago agree with his opinion Callalian said he was opposed to the improvement and approves the road being paved over only. MCWnS OF THE REGULAR ORONO CI’H' COUNCIL MEETING HFI D ON OCTOBER 9. 1995 (#17 - Bnurketts Point Curve Road Improvement - Continued) Hurr moved, Jabbour aconded, to direct the County to proceed with the next stage of project design, keeping the roadway within the right-of-way The Indian Mounds and tree jix^servation were to be taken into consideration Callahan asked that costs be developed for the temporary right-of-way easements Vote Ayes 3, Hurr, Jabbour, Goetten; Nays 2, Kelley, Cdlahan Susan I^nv, 1510 Cireen Trees asked what the next step would be in the process She was inl'ormed that the County would determine prefect costs and easements and present a final design The County would contact any property owners regarding temp<.)rar> construetTon easements The City Attorney said if she and the County could nol agree on a price for the temporary casement, the property in question could be condemned Callahan noted that there would be another public hearing dealing with the final costs and layouts, which will be within the current right-of-way Moorse said Lenny would be notified of the next time this item will be considered by the City Council. (#18) ESTABLISH DATE FOR ASSESSMENT HEARING FOR WILLOW DRIVE IMPROVEMENTS The assessment hearing date was set for November 27, 1995, at 6;45 p m.. The hearing was noted to aflect two property owners 1 he date was set to enable lime to obtain final costs It was fimher noted that 4 Council members would be needed to attend Goetten will be absent. (#19) ICE RINK AT ANTOINE PLAYGROUND \Ioorse reported that the Park Commission has been looking at the ice rink usage and maintenance Antoine and Hackberry Parks were identified as rinks with low usage Letters were sent to the neighbors asking if they agreed with the assessment made by the Park Commission A large number of the residents around Hackberry Park responded and were in favor of maintaining the rink. A low response was received from the neighbors of Antoine Park. Moorse said the Park Commission has recommended that no rink be maintained at Antoine This would benefit StalTos no maintenance. Hooding, or snow removal of the rink would be needed n* MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER % IW5 (#19 - Ice Rink st Amoiiw Playgroumi - Coniiraicd) Moorse questioned wfectlw there was a need to send another letter to the neighborhood regarding the reconunendation. Goctten asked what the initial letter said. Gerhardson said the original Ictto^ informed the resideiits that the rink had been monitored and appeared to be used infrequently. They were informed that the City was considering not maintaining the rink. Gerhardson added that the City does iu)t wish to see rinks on the lake and is concerned with safety with lake rinks Hurr said she w^ in attendance at the Park Comnassion meeting and saw no reason to send another letter. Jabbour said he knew a couple of the neighbors would be disappointed but noted the difBculry in maintaining rinks. Gerhardson said the quality of ice at the City rinks were concentrated on last year’ and produced quality ice. It w*as found to require 110 hours per rink per year to maintain the rinks Callahan moved, Hurr seconded, to approve the closure of the ice rink at .Antoine Park. Vote; Ayes 5, Nays 0 cm' ATTORNEY’S REPORT City Attorney Barrett had no report. (*#20) UCENSES Jabbour moved, Goetten seconded, to approve the following licenses; Ayes 5, Nays 0. Home Occupation License Annual Review Charles and Ann .Anderson 1295 Lonia Linda Avenue Home Occupation License Initial Review John Hallson 120 Golden View Drive (•#21) BILLS Jabbour moved. Goetten seconded, to approve payment of the All Funds Account. Ayes 5, Nays 0. 20 • ^• • •MlNirrES OF THE REGULAR ORONO Cm' COUNCO. MEEIING HELD ON OCTOBER 9,1995 ADJOURNMENT CaBahaa moved. JaWxwr seconded, to adjourn at 9; 50 p m. Ayes 5. Nays 0. Edward J. Callahan, Jr.. Mayor ATTEST Dorothy M. Hallin, City Clerk REQUEST FOR COUNCIL ACTION CCjtVClLKEEnNGOCT 2 3 1995 cmc Of ORONO DATE: October 17, 1995 ITEM NO.:/. Department Approval: Name Jeanne A. Mabusth Title Buildinj &. Zonmf Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1820 Hennepin County Department ot Environmental Management North /‘\rm Access - Conditional Use Permit - Resolution Zoning District: LR*1C Pertinent Ordinance Section 10.03, Subdivision 19 - It is unlawful for any person to ... repair any seawall.... without a conditional use permit issued by the Council. List of E.vhibits A B C D E F G H I J K L M N Application Plat Map Propert/ Owners’ List Dennis Dailey Letter 4/9/93 Original Plan for Seawall Installation 1986 Staff Memo to Council 4/8/93 DNR Letter 4/27/93 Gustafson Report 5/7/93 Plan for Repair of Seawall - Current Application Gustafson Report 10/10/95 Planning Commission Minutes 5/17/93 Council Minutes 4/12/93 DNR Letter 8/2.95 Amended Grading, Drainage and Landscape Plan Review of Application The application involves the repair of wooden seawalls original installed in 1986 by the County. Councilmembers mav remember in .April ot 1993 that Dennis Bailey ot the County advised die City stalT of specific repairs needed to maintain safety for the public who use the ramp area. The repairs involved the replacement of wooden seawalls with steel sections. Repair work was scheduled lor the week of April 19ih in order to meet the deadline of the opening of the boating season tor 1993. At the April 12th meeting of the Council, members voted to allow the County to proceed with the Request for Council Action continued page 2 October 17,1995 Zoning File #1820 Hennepin Count>’ Department of En\-ironmental Management North /\rm Access necessary rerairs subject to the condition that the land use application would be tiled betore the required building permit could be issued by the Orono staff. A conditional use permit application was filed and a building pcrmil issued. The repairs took place the week of April 19, 1993. Review E.\hibit K, the Planning Commission recommended approval of the conditional use permit at their May, 1993 meeting. Members asked that the Count>’ address the issue of stormwater management as the quality of runoff draining directly to the lake from the parking lot was ot major concern. Mr. Bailey asked that the application be tabled at Council ’s June meeting until the County could provide a stormwater plan and provide the necessar>’ funding. Review E.xhibits K, M and N, the Cit> is finally in receipt of an amended grading and drainage plan providing three sedimentation infiltration areas with a series of french drains conveying drainage to the retention area. The plan also includes improvements to shoreline fishing areas to be installed in accordance with the Americans with Disabilities Act. BoJ' »he DNR and the applicant hav e joined forces to develop a stomiwater that would address the ecological concerns of the City. As Mr. McDonough of tlie DNR notes in his letter (Exhibit M), the County and DNR completed a similar improvement adjacent to Coffee chai.a^l. The retention areas shall be planted with native grasses and trees will be planted along the shoreline providing shade for the fisherman. The trees and native grasses will provide buffers to the blacktop parking area of views from the lake. Gustafson has approv ed the concept plan and asks that a maintenance schedule be established by the County to maintain the three sediment infiltration iireas tind geo-te.xtile fabric within the french dram to ensure against the flooding and damage to the surrounding vegetation. The enclosed resolution has been drafted to include conditions set forth in the Engineer's report and with a reference to the amended grading and drainage plan submitted by both the DNR and the County Depanment ol' Environmental Manaitenient. COUNCIL ACTION REQI F.STI I): To approve or amend the enclosed resolution. Isv A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONINT'. CODE SECTION 10.03, SUBDIVISION 19 FILE^#1820 WHEREAS, the Hennepin County Department of Environmental Management, (hereinafter "applicant") has applied to the Cit>' of Orono (hereinafter "City ") for a conditional use permit per Section 10.03, Subdivision 19 to permit the repair of a sea%\all at the North Arm public access. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File »1820. (tmm The property is located in the LR-IC Lakeshore Residential Zoning District. On Mav 17. 1993. the Orono Planning Commission reviewed the application as proposed and recommended approval of the conditional use permit based on the following findings: A) On January 13. 1986 the City of Orono granted a conditional use permit for the installation of the seaw all at the North .-\rm access. B) Repair involves replacement of existing wooden sections of wall adjacent to the ramp area and replacement with steel sections. The wooden sections of the wall are in a serious state of disrepair and present a hazard for the public who use the access. Page 1 of 4 4. Applicant has provided a grading, drain gc and landscape plan providing tor stormwater management and impro\ing shore fishing access in accordance with the Americans with Disabilities Act. 5. The Cit>’ Council finds that granting a conditional use permit to allow the repair of the seawall will not be detrimental to the health, safet> 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-. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by stall and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDF.R ,\ND CONDMTONS Based upon one or more of the findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the repair of the seawall at the North Arm access subject to the following conditions: 1. Applicant shall install a treatment facility for surface water control as it relates to sediment, debris and other pollutants that wash into Lake Minnetonka from the paved parking area at the North .Arm access. .All improwments shall be installed per concept plan dated July 20, 1995 by the Hennepin County Department of Environmental .Management and the Minnesota Dep:irtment ol Natural Resources Trails and Waterways Unit, attached to this resolution. A maintenance schedule shall be established by the applicant for the three sedimentation infiltration areas. Maintenance procedure shall also include the clear.inu of geo-textile fabric within the french drain to ensure against flooding and damage to surrounding plantings. Paee 2 of 4 J Violation of or non-compliance with any ot the terms and conditions ot this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant on behalt of the Hennepin County Department of Environment Management has read, understood and hereby agrees to the terms of this resolution. Adopted by the Orono City Council on this 2ard day ot October, 1995. ATTEST; Dorothy M. Hal I in, City Clerk Edward J. Callahan. Jr., Mayor Authorized Representative of the Hennepin County Department of Environmental Management STATE OF MINNESOTA ) ) COl^TY 01-HENNEPIN ) ss. 'Hie foregoing instrument was acknou ledged before me on this 23rd day of October, 19d5, by Edward J. Callahan. Jr., Mayor & City Clerk ot the City' ot Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notarv Public Page 3 of 4 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this davof ________ , 199 ___. before me a Notar>’ Public within and for said Countv, 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___________________• ‘99 ____. before me a Notary Public within and for said Countx. 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. Notarv Public Pane 4 of 4 CITY OP OROHO - GENEBAI. I ARC USE APPLICATIOH_ _ _ _ _ _ _ _ _ _ _ _PROPERTX tOCATlOE county Road 51-200' vast ot Co. Rd. 19 - 3700 North Shore Drivo Site Address Property Identification Number (P.I.D.) -- - --- - - - - - - --- - - - Please attach legal description to application if not included on required survey# __ ___ _ _ _ _ _ APPLICANT Name Denis Bailey Phone (home) Phone (work) Address omiBR (if different than applicant) Name __ _ _ _ _ _ _—- - - - - City Phone (home) Phone _ _ _ __ Zip SS401-I3Q9 Address City Zip ^ , (inonth/year) Date Property Acquired — —narceis' of land.I (do) (do not) also own the^ad^acent^parceis^or_ _ _ _ _ _ _ _ _ PmS -'cONDITIONAL DSE PERMITS - _ _ _ _ 5 50.00 For each variance request with CUP application $125.00 Residential accessory Use $175.00 Institutional (church, school, etc.) $150.00 Guest Kouse/Guest Apartments $150.00 Duplex Credit/Bldg CITY OF OFO^O FIYIA^CE OFFICE ■< \ “i/ ) j* A ri J^V4.VVVVV $250.00 Commercial/Industrial Use X $200.00 Land Alteration CHECK 01 CEK 200.OC A.VV' • V HECCIPT-THAK s ivvi <w'i > 04/ Grading and filling - designated floodplain rradin|;fenwan'f"ro;aining""aU; within 75' of lakeshore PrD/PID - see fee schedule If <1nn no (no change from original application) 5|?Sr-thr4a‘ct^Fe^- Doublfcu?rent Application Fee OTHER APPLICATIONS $200.00 - --— $250.00 - - - - $175.00 $ 75.00 - - - - $300.00 $300.00 - - - - $100.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation ^ Easement Vacation Wich Rezoning (PUD - refer to fee schedule) Comprehensive Plan Amendment Appeals Other - see fee schedule PRESENT OSE OP PROPERTY Present Zoning District Present Use of Property LR-IC Residential Other trneclfv) Public Access DESCRIPTION OF REQUESTDescribe request in detail: Replace wooden seawall with steel sheeting seawall for 29* on each side of the concrete boac ramp at Hendrickson Public Access on North Arn Bay - - - - -- - REQUIRED SUBMITTALS I; List of ownsr. within 350- (Vcu can obtsi this list from Hennepin County Department of Finance A-603 Governmer Center 348-3271). 3. Plat Map. , , . 4. Certificate of survey (signed by a licensed surveyor). 5. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. As an addendum to this application, please attach a separate list of any othar persons you wish notified of this application. TOO ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (ll* X 17* OR SMALLER) FOR ALL DOCUMENTS SUBMITTED._____ The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. _ ___ _ _ _ _ _ Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff __ _ _ _ _ _ _ _ ___ Date_ _ __ _ _ _ _- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (stat^ time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature ^ __ _ _ _ DatejC', 1^- - OWNERS SIGNATURE C ^ f The owner hereby acknowledges and agrees to this application and furtner authorised reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date _ _ __ _ _ _ _ _ _ _ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. V \ »• > r / <^.' >.7 3:;'T ” .t ?-::T ■ ■ \ \ \ -. ' .!• \ -A -V' '* .->\ \ \ \ , 2fv'v^-.» ■'<> 7>"_.aa2/<.C51 X AUD SU30 m 273 zi i 2t |: .’• |i ;e I' .’s S: K« ■ ■ ^ V' « y V y y !C ^ * . 4^ y i.r :. \:o « *•i 2i • , • "^ (35) :c5.4 1 ( -4) ^' • 5) .• 3 :’i: 39.;«laii -N-l niT7|- , -} rr M 'G<f&B33- •7 714 '3( 9) 2j ■61 5 s \ " \|a£ X ,• 6 „ 4 5. t__ IMI MTt Mmm0MTCH §m MMCPIN COUNTY PWOCRTY INPOmATlON $Y$TOI raOKRTY OtCRS LIST REP«T NO. TI«S54«t PA6C 10M 00TAMTAYtR NMC/MBt »-117-tS M 0004AMOiSS UNASSXSaSJI COUNTY OP NCNNEPIN MOM COUNTY'i M 00-117-n M MSS OOOSO MKNttSS UNASSIGWD STATl LAND OfPT CITY or QRONO PARK4/IX/7T ST otto 1547SI SO 00-117-7S S4 0042 OSOlS NORTH SNORf OR f 0 JOHNSON I P F JOHNSON CUCCNE • PAULA JOHNSON SOlO NORTH SHORf OR NAYZATA »04 SSSTl OltCR HAHi TRMPAYIR HMC/AOOR > 4 AT SO 00-117-2S S4 OSOlO NORTH SHORT OR I 0 JONNSON A P J JOHNSON lURNi JOHNSOH/PAUIA JOHNSONI SOlO NORTH SHORT OR NAYZATA m S5S91 50 00*117-15 54 0050 05455 NORTH SNORT OR A t 0 HA^N AL A D0M4A HA6TN 5455 NORTH SHORT OR NAYZATA HN 55ST1 50 00-117-25 54 0051 05444 NORTH SHORE OR HARREN E OERG IT AL H/L EST NARRCN E OERG 5444 NO SNORE DRIVE NAYZATA MN 55541 vjmPmp asm ^)*ONCR NAME TAXPAYER NAME/ADOR SO 00-117-2S 54 0052 0SA7S NORTH SHORE DR HARRY SRRYPEC HARRY SKRYPEC 5475 NORTH SHORE OR NAYZATA Itl 55541 50 00-117-25 54 0055 05405 NORTH SHORE DR R C RCSSLER A S RESSLER REX 6 RESSLER 5405 NORTH SHORE OR NAYZATA m 55541 50 00-117-25 54 0054 05405 NORTH SHORE OR GUW C UPTON GLENN C UPTON 5405 NORTH SHORE OR NAYZATA tOI 55591 .Y ' MtOP ADDt ONNm HAHE TAXPAYEA ih:NANE/AOOR 50 Oe-117-25 54 0057 00050 ADDRESS UNASSIGNEO nancy L OLAIR NANCY L BLAIR 5501 VILLAGE DR EDINA »tl 55454 50 00-117-25 54 0050 05740 NORTH SHORE DR NANCY L OIAIR NANCY L OLAIR 5501 VILLAGE DR EDINA HN 55454 50 17-117-25 21 0010 01410 SHADYHOOO RO 0 A G ROGERS DONALD A GAIL ROGERS 1410 SHADYHOOO RO NAYZATA MN 55541 50 17-117-25 21 0011 05705 NORTH SHORE OR N SULLNOLD ET AL N/L EST OR HAROLD SULLHOLO 3705 NORTH SHORE DRIVE NAYZATA m S5541 TOTAL BATCH 004 00015 ' > ■ •• •; % • t •• rsm ^.r r, Jt MU tvum^^ \: uf^r : 7 4 wkmlfw omitv PHorcwTY tNronmrrm svste !!MQKITY OMiRS LISTi WRORT NO. Rt43SRQlRAM 11 I[;-• *■ * if’* • i . • • • .1. ’ . .. * > - » I I % r \. ' • » \ t I •»r 'it I I CERTIFY THAT THI FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS DATE HENNERN DEPARTMENT OF ENVIRONMENTAL MANAGEMEN 417 North Fifth Street Minneapolis, Minnesota 55401-1309 LL -1^hone: (6^2) 348-6846 •] ’'v: ’ ’ . FAX; (612) 346-8532 Y]^ .. ') April 9, 1993 4» • • * APR 12 1023 Ms. Jeanne Mabusth City of Orono 2750 Kelly Parkway Long Lake, MN 55356 Dear Ms. Mabusth: I would like to obtain the city’s approval for replacement of the wooden retaining wall on each side of the boat ramp at the Hennepin County access on North Arm (Hendrickson Access). The existing retaining wall is unsafe and not totally functional. Attached are the plans for the work which should take 4-5 working days and commence as soon as possible or about April 19, 1993. I would appreciate any help the City of Orono can give to expedite this process for approval which will also bo obtained from the Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District and the Lake Minnetonka Conservation District. If you have any questions, please don’t hesitate to call me at 348-4378. Sincerely, Denis Baily Lake Improvement i ;\corr\b«i1 ey HENNEPIN COUNTY an equal opportunity employer Z) To: From: Date: Subject: # 1 o.mS>' \ Ma>’or Callahan & Orono CouiKilnicmbcrs Ron Moorse, City Administrator Jeanne A. Mabusih, Building & Zoning Administrator April 8, 1993 Hennepin County/Nonh Arm Access - Repair of Sea Wall Dennis Bailey of Hennepin County contacted staff on Thursday. April 8ih advising of the need to replace timber walls at approximately 28 ’ in length at either side of public ramp at North Arm Access (review attached exhibit). We originally reviewed a conditional use permit (Application #989) for the installation of the sea wall in 1986. The Code requires a conditional use permit for the repair of sea walls. Mr. Bailey advises that the current condition of the timber walls are a hazard to the public who use the ramp. Mr. Bailey has advised that it is imperative that the wall be repaired before the season opens to boaters. The contractor is scheduled to commence the repairs the week of April 19th. Bailey was advised that it was impossible to get the conditional use permit application before the Planning Commission and meet the April 19th deadline. The following options of action are available to Council: A. Allow applicant to proceed with necessaiy repairs but require the filing ot the required conditional use permit before repairs begin. .Application would be reviewed at the May Planning Commission meeting as an atter-the-faci application. The County must submit plans for Building staff and Engineer’s review prior to installation. A building permit will be required for the repair work. B. .Advise County that a conditional use permit for the proposed repairs would be required before the City would grant a building permit. Mr. Bailey has advised that in this case the repairs would not ceimmence until after the boating season, sometime in the fall ot 1993. Council Action Provide staff with directions for Hennepin County as to appropriate action to proceed with necessary repair of sea wall. Ip" STATf Of I, DEPARTMENT . , 'A G mOMENO. OF NATURAL RESOURCES Metro Haters, 1200 Warner Rd., St. Paul, Mil 5510^6^ 772-7910 April 27, 1993 Hennepin County Public Works Attn: Denis Bailey 320 Washington Avenue South Hopkins, Minnesota 55343-8568 RE: Permit #89-6391 Extension, Lake Minnetonka (27-133P) , Hennepin County Dear Mr. Bailey: As requested in your reply to our telephone call of April 20, 1993, the expiration date of Permit #89-6391 is hereby extended to June 23 1994. Please note that pursuant to Minnesota Statutes, the perTnit can only be kept active for 5 years, thus the June 23, 1994 expiration date. However, it would be possible to do maintenance in accordance with Special Provision #17 in the future, even after expiration. All other terms and conditions of the permit shall remain in full force and effect. cc: Minnehaha Creek Watershed District LMCD City of Orono City of Spring Park S. Walter, Conservation cpfficer DNR Fisheries, D. Zappetillo 2 8 1953 AN EQUAL OPPORTUNITY EMPLOYER * * *' -A*»w «r — 1/1 Bonestroo ^2 Rosenc Anderflk& ^ I Associates Cndinctfi a Architects Ostt G ie^ipo^ IS&e*! W IMM f f * :et»on C Ae««^ »ff L larva I tr'*a« I •jrr^. Af i CfifiC •!. I fv«y»4 Ift&rt C. kronen M. S.11^ M S5e#^ C »A •itfJOf Cd^4^4a/^ <# I* A •* tee#^ f •CAJfV VA^ %sr. ^1 O c?«ofB tlB^ C tualt«. A A ^•Ty A loufcor H Mam A. Nanioi^ Pi. Mc^aoi ^ Hw5r»ani^ Pi '9^ < f*A Pi t ArcrVBa A»A DcAJid C •! TAor»»*t I AAOi.1 ei V-#1N Vi*T?Tff Af Vbchati P tau Pf ; Pv^ p| A-rfi \a Pr-g AC* A Petf'»2 ‘' ■? C ly«CA Pi * Mrtri Pi ^#r*y O ArtTWh. Pf Ker.rjcn P A^^fjcr. PI Mani t AaH ■£ Ma^ A. Sto Pf C#y VW *£ ZsTAi I Uit^. •! A*^ l«k Pfe p»t« 1 Cai»*«* PI Ma't ^ \4iAi If I .p'^atci Pi I P^fcB O'tMP' fH. PI L. ‘A^e ’***A Pf Ga*y Cl A.’'iw*t|. Pi • S<M8tf p| l^tA • >^0A PI 00^ •« i fP^'t Pf ihax^A 0 P* Ceviio C?Vt». PS C'ar’Pe A inckioA LP3 M PMfVtf M ^psrti P r-gc ha-'Ot H- May 7, 1993 Ma. Jaanna A. Kabuath Building and Zoning Adniniatrator City of Orono Post Offlea Box 66 Crystal Bay, Minnesota 55323 Ra: Hennepin County Seawall Repair File No. 139-1820 Dear Jeanne, Wa have reviewed the application from the Hennepin County Dapartmont of Environnantal Manageaent involving the repair of a seawall. On ou^£,nvironin«m;.ai n«r*eig«ai»in-. xiivwxvx**^ -- - - - -- recant site inspection the following observations ware n**®®* the parXlng area. At three locations the runoff flows into the lake through 3 foot wide curb cuts. It is obvious that a i®^9® amount of sadiaant presently washes into the lake due to the Probably more iraportant is the fact that this hardcover collects ' pollutants and nutrients that are flushed into J^*® events. The critical period of a rainfall event flushing during the first few minutes of a storm. We have a/^TRA Aimni.onB cBQBr*di.ncr th® suir^zicB wzitBir contjrol fts rBlBtfts to the sed?nent and debris that washes into Lake Minnetonka from the paved parking area. nutrients would be trapped by attaching to the granular material, much in the same way a septic system works. The excavation must be above the normal water level of the lake to function properly. At some point in time, the granular media would need to be removed and replaced with fresh material. ?xcJS^te an infiltration trench along the parking lot perimeter. The t^enS would be two feet wide and filled with P*Jjravel. Some of the runoff would infiltrate into the ground and reach the lake bS interflow instead of overland flow. Pollutants and nutrients would i?aoosdbv attaching to the granular material. The excavation must 5! ^^SSElhs^normal water level of the lake to function properly. To maximize thie option, the existing curbing along the perimeter of the parking lot should be removed. ««» * *m^ m *<mm ■/f Ns. J«ann« A. Mabuath Building and Zoning Adniniatrator April 6, 1993 Paga 2 Braova tha axiating curbing along tha parking lot wharavar poaaibla to allow tha runoff to flow ovar a vagatatad buffar araa. Thia buffar araa could ba built up 6» to alow tha watar down and guida »o»* JJ. into tha aoil. It la Important that a hardy vagatation ba aatabllahad along thia buffar araa. Thaaa auggaationa ara Intandad to atiaulate discussion idaaa to build on. Any improvanent will require a wore datallad study ba praparad. Hopafully, tha city and County can coordinate thair •fforta to provide a solution to tha watar quality prcblan what axiata in thia location. Plaasa contact na at this office if you have any queationa. Yours very truly, BONESTROO, ROSEKE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. •T* k- K RFliiH RliTi mmu] ^ni2S 9> MINUTES Qf THE ORONO PU^NNING COMMISSION MEETING HELD MJ^Y 17, 1993 ZONING PILE #1625 - CONT. P.ul And.rson. 2530 Old B.ach ^‘on was considering -sys to Interpret the code « a'J°- When they should l?tVimenT “7 the" IJiTghbSrhiod He saidHa felt this wou d s detriment lo wne « y construct ion of another residence along the p«sage oh the rose ditf.cult and create an unsafe condition. Chair ,"t?:i*?» r'eg'iNma®te'?ecue"s‘’t ?he7^.ds?approve the division, out ir tnis i» a ^ consider all the facts. Peterson noted because the neighbors mean that this property must maintain that acreage. Saklad felt the division would be detrimental to the environment and create an unsafe condition. the^cih deny it if it meets all rules and regulations. Smoot noted then unless the rules change, they cannot approve the division. Saklad questioned the hardcover Issue. I fmf if ^nnroved. the applicant would be required ^fr^l^oVe^mlt;"!? tr,'hL'rd\over o^n the developed lot and would not be able to keep imorovements on the lot as it exists now. McCarthy stated some of the required removals are not necessary i terns. T* hv Rnwiette seconded by Chair Schroeder, to recommendIt was moved by ROW ette sec McCarthy. 2490 Old Beach Roai? baleS Sn the ?ack of hardship and the application setting a negative precedent. Ayes 7, nays 0. Chair Schroeder called for a recess from 8:50 to 8:5B p.m. i.sl .1820 HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. nSrIh IrM AfcEsi - CONDITIONAL USE PERM IT/VARIANCE - PUBLIC HEARING 7:00 - 7:.0 P.M. The Affidavit of Publication and Certificate of Mai ling were noted. minutes of the orono planning commission meeting HELD HAY 17, 1993 ZONING FILE »TS20 - CCN7. existing -ooden sea'^sli «.th steel. ?,V, „;s unaware issued and the reoairs re'auired and thought any that a new ccndit.cnal , , ^o^rov^d conditional use reoa.rs would fall under tne sDoNcation is permit. She oo.ntec out the r-ect‘.ng the quality of the "V;; ^Tr?.ng lot- she noted the City would run-off to the lake . rom .he - .«• -go-i coating season and like to see scmetn.ng m place En^heer. The referred to Jl ,n them to determine rc7"o^!.o'n®7,*mos*t t7aor.'" She sugsested th. Watershed District Should also da asked to covenant. e conditioned upon on-going maintananca currently being done by the County. Nolan suggested aoproval of the area. Mabusth explained that is w we =nhwia*-f. seconded by Peterson, to recommend ir -2';“ ^,/;iVon' .1327“" County Deoartment o :^L.nrei M.nUtme^t North Arm Access, acoroving a conditional re'per:ft"'an'd "Ta:re7or the repair of an existing seawall, per staff’s recommendation. Ayes 7, nays 0. (#4) S1822 MARK PRUETER, 3215 CRYSTAL BAY ROAD - VARIANCES - PUBLIC HEARING The Af fIoav1t of ?uol ication and 7:11 - 7:34. P.M. Cert Ificate of Mai I ing were noted. „r. and Mrs. Frueter were orerent for this acolication. wi ewea .-^rni icants request side setback, and Mabusth expiaine- ^o the rear of the existing hardcover Average ! akeshore setback variance to allow rep'laceme^tTf an exist ing i akeshore dec^ proposed at 18x10.6’. The deck area will be reduced. o wxsr stared they nope to make this their permanent Mr. Pruete more living space for future family additions.residence but nee^d^ more house was He pointed ^ adootion of the current zoning ordinances, constructed ^ j \ and available on either side and the There is no to the project. He testified that the neignpors do house to the garage is necessary because of pS^n^ irrh.r:rer and^he hopel to address this issue. i- MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 12. 1993 FOREST ARMS ASSOCIATION - CONT. Jaobv.Mr f«lt the Association should continue to work with the LMCD to reconfigure the dock. lanae said they were exploring all their options prior to conwnencing legal action. He explained this 'rom the City for a fee. and the agreement f receive 14. slips for their money. He suggested the_ City has rendered their portion of the bargain inoperable, and felt the substantial responsibility is the City s. jabbour 3uggest«d they try to find a resolution, which may Include the reconfiguration of the dock. Hurr asked that the original agreement and conditions of sale be supplied to the Council. It was moved bv Hurr, seconded by Goetten to table action on this Item until additional Information is provided. Kelley asked if the homeowners assoc i at ion was created for the purpoL to maintain the docks, and asked the status of the street. Lance said the street is public, but the association was created mainly to control the two lots jointly used by the neighborhood. Vote: Ayes 5, nays 0. HENNEPIN COUNTY - NORTH ARM ACCESS - REPAIR OF SEAWALL 1 K ♦s ovniflined the County has deemed the wooden timber wallsMabusth explained the county condition and requests Berm?3s!on to reolace with steel. They have hired a contractor to commence work the week of April 19th. Hurr recuested verification that they wouldneed to obtain a new conditional use oermit for the reoair of the seawall. Mabusth agreed that per the code, a new conditional use permit is reuuired. Hurr suddested they interpret the code to mean if an existing conditional use oermit was not In effect, any reoair would require application for such a permit. Goetten agreed. MINUTES OF A REGULAR OROMO COUNCIL MEETING HELD APRIL 12, 1993 HENNEPIN COUNTY - NORTH ARM ACCESS - CONT. It was moved by Hurr, seconded by Goetten, to authorlie Hennepin t^rtc.lr Of the sea-all In the existing footprint at North A?rAcc...‘nder°;h. conolti of the original conditional u». permit as previously approved. Mayor Callahan questioned her Interpretation to mean destroyed, any building could be reconstructed under an existing conditional use permit. Hurr felt If built In the same footprint that would be allowed. Kelley disagreed and felt a new conditional use permit was needed. Jabbour suggested they short-circuit the process due to the public health, safety and welfare concerns. Mayor Callahan stated It seems that the County engineer of'^the necessary repair, and that they did not feel It necessary to obtain the City’s permission. Mabusth noted the County has already filed for a conditional use permit. Vote: Ayes 2, nays 3. Mayor Callahan, Jabbour and Kelley voted nay. Mot ion failed. was moved by Mayor Callahan, seconded by aDoncanTto proceed with necessary repairs but require the f i I ng of the required conditional use permit before repairs beg n Aoolication would be reviewed at the May Planning ^oi^issio meet ng as an after-the-fact application. The County must submit o?ani for Building staff and Engineer’s review prior to installation. A building permit will be required for the repair work. Ayes 4, nays 1. Hurr voted nay. Mayor Callahan recessed from 8:47 to 8:55 p.m. (#13) INTERVIEW PLANNING COMMISSION APPLICANTS nolo linrtnuist. 780 North Brown Road^ explained he has lived In W yea r s and P r e vTo^ I y has not had the time to be active In government and has recently sold his J VrlVt^^'n b^°rn«♦Ko timo He felt hls past experience in the construction business wSuld be "an lase^l He noted he Is no longer on the Downtown CounciI. 8 t r' ► m Minnesota Department of Natural Resources Lalaycttc Road !h. PaMti. MinneMxa 55155 40 > I August 2. 1995 j^\^C> Jeanne Mabustn Orono Bul(^ and Zoning Adrr*ustrator P 0. Box 66 Crystal Bay, Mlrv>esota 55323 Oea. Ms. Mabusth I am writing to foflow up «jr telephone conversation about the proposed improvements at the North Arm/Hendrickson Bridge pubTic access s9e The proposed project is being joindy funded by the Hennepin County Department of Environmental Management and the Minnesota Department of Natural Resources TraBs and Waterways Unit. Enclosed is a plan for your review The goal of the project is to improve the existing shore fishing area and to better manage the storrrrwater on the site. The shore fishing area upgrade will include meeting the standards of the Americans with Disabilities Act The proposed plan removes a significant amount of existing asphalt surface and provides a vegetative fBter strip along the lake edge. Three sedimentation infiltration areas and the proposed native planting will help improve water quality. The vegetation will also visually screen the parking area from the lake and provide shade to the anglers This project provides an opportunity to demonstrate the restoration of a more natural and ecol.'gically s‘«’sitive riparian edge By reintroducing a filter strip of native riparian vegetation water quality will be improved by filtering out contaminates including nitrates arxl phosphorous that lead to excessive aquatic plant growth. This example could motivate lakeshore owners to review ther own lake shore management and consider replacing some of their hard surfaces and mowed areas with natural lake edge vegetation m order to help improve the quality of the lake Last summer the county and the DNR completed a similar improvement ad)acent to Coffee channel in the city of Spring Park. The project is an example of an improved recreational opportunit/ on Lake Minnetonka with a more ecologically sensitive design I would appreciate your review the enclosed plan and then I would like you to provide me with your comments. Water Recreation Program Coordinator Trails and Waterways Unit DNR Building - 500 Lafayette Road St Paul, Minnesota 55155-4052 (612) 297-2798 c. Mike Brandt. Hennepin County Department of Environmental Management DNR Intormanon: fii: :vh-M.'57. I HlXD-T6b-f)(X)0 • TTY bi: '4S4. 1 .S(X>-f).'7. 'V29 enclosure An hquai Oppirnuniiv fcmpiovcr Who Values DivcrMiy 4^ Printed on Kec\cied Paper Conuming j Minimum oi Post Consumer Waste r- -i-IETlHG REQIIEST FOR COINCIL ACTION j j jjjg DATE: c£WiOf.OROIiO ITEM NO.: ^ Deinitment Approval: Swmt Micluel P. Gaffron Title Assistant Planning Sl Zoning Administrator Administrator Reviewed:Agenda Section: Zo’”n« Item DescriptKMi: #2000 Conlcn Cloutier, 2480 Casco Point Road - Class I Subdivision - Resolution Zoning District: LR-IC Application: The application involves the division of a lot previously combined for lax purposes. The tive-lot subdivision of Tillson's Villa Carman was tiled in December of 1962. The applicant purchased the properties from the original owner and legally combined them sometime in 1967. Lot 1, the parcel to be divided from Lots 3 and 4. meets all required lot standards of the LR-lC zoning district. Remaining Lots 3 and 4 also meet the required standards for a lakeshore lot within the LR-IC zoning district. Pertinent Ordinances 1. Section 1 1.03. Definition b6 (A-2) - Division of properties previously combined for ta.x purposes can be achieved v'ia a Class I subdivision review by the City. Section 10.25. Subdivision 6 (B) - Review of LR-IC lot standards. a Required lot area = 21.780 s.f. or .5 acres Lot 1 = 31.009 s.f. or .71 acre (total lot area = 34.215 s.f. has been adjusted to rellect reduction ot easement areas) Combined Lots 3 and 4 = 54,182 s.f. or 1.24 acres Required lot width = 100' to rear of 30’ street setback Lot 1 = 200 +' Combined Lots 3 and 4 (lakeshore lot) = at shoreline approximately 182 + '. at 75’ setback approximately 2(X)’ Proposed setbacks for new residential construction on Lot I. Proposed residence meets all required setbacks, 30’ front and rear, 10' side. I Requ^fbr Cooncil Action continittd p^e 2 of 5 October 19,1995 Zoning File #2000 Cortlen Cloutier, 2480 Casco Point Road _______________________ 3. Section 10.22, Subdivision 2 - Review of hardcover, a. Lot I 75-250 ’ setback area =» 4.375 s.f. Existing = 0 s.f. Proposed = 0 s.f. 250-500 ’ setback area = 26.634 s.f. (29.840 s.f. area has been adjusted to accouni for easement areas at 3,206 s.f.) Allowed = 7.990.2 s.f. or 30% Existing = 0% (2,119 s.f. of driveway within easement area has been excluded from hardcover inventors > Proposed = 3.398 s-f."^ or 17.7% •Driveway serving residence “ 1,352 s.f.; residence = 2,046 s.f. b. Combined Lots 3 aral 4 0-75 ’ setback area = 14,238 s.f. Allowed = 0 s.f. Existing * 1,122 s.f. or 7.8% 75-250 ’ setback area = 31,685 s.f. Existing = 3.547 s.f. or 11.1% <25% allowed) 250-500 ’ setback area = 8,259 s.f. Existing = 2.019 s.f. or 24% (30% allowed) Section 10.03. Subdivision 6 (B) - Combination of separated parcels prohibited. ’’No platted road or road easement, which results in any segment thereof being less than the minimum acreage required for that zoning district, shall not be allowed to be combined with any separated parcel of land across the road for purposes of qualifying under the minimum acreage, open space, required yard, setback or .sanitar> or septic system requirements, nor shall building or density credits be credited or traasterred between such parcels under any provisions of this chapter. Each separate parcel must individually conform to the provisions of this chapter in connection w ith construction of improvements thereon. ” Applicant’s surveyor has confimied that the area west of the driveway easement (15 ’ wide) that encroaches Lot 1 is confirmed at: Required = 21.780 s.f. or .5 acres Proposed = 22.216 s.f. or .51 acres Review factual findings noted in survey/subdivision plan. Exhibit T. Request tor Council Action continued page 3 of 5 October 19,1995 Zoning File #2000 Cortlen Cloutier. 2480 Casco Point Road List of Exhibits A - Application B - Plat Map C - Propert)' Owners' List D - Pauras Letter of 9/12/95, Neighbor to West E-1-2 Sewer and Water As-Builis F G H I J K L M N O P Q R S T Original Plat of Tillson's Villa Carman Filed 12/62 Council Minutes 10^9/61 Planning Commission Minutes 10/26/61 Council Minutes 11/13/61 Topographic Map and Location of Drive Serv ing Lots 1, 2, 3 and 4 Planning Commission Action Notice 9/29. 95 Planning Commission Minutes 3/20/95 Planning Commission Action Notice 3/28/95 Cloutier to Barrett letter 4/12/95 Barrett to Cloutier letter J '20/95 Cloutier to Barren Letter 6/27/95 Barrett to Cloutier Letter 6/28/95 Cloutier to Staff Ixtter 8/28/95 Staff Letter to Cloutier 9/11/95 Final Subdivisioa^Survey Plan Description of Request Applicant proposes division of Lot I from combined Lots 3. 4 and Outlot 1. ,'s already noted above. Lot 1 meets all required lot standards. The division can be completed through a simple Class I subdivision process. The subdivision was reviewed at both the March 20. 1995 and September 18, 1995 meetings. During the March 20th review, the applicant advised of his future iniention to divide Lot 3 from the hmnesiead parcel. Lot 4. At that point, both the City staff and the Planning Commission advised applicant of all Code and policy issues that may impact this property with the future division The applicant asked that the application be tabled allowing applicant additional time to review the Code, to consider his legal nghis as the property owner and to research the background on che leeal combination of the propenies in 1967. He noted his request was based on the convenience of receiving one tax statement. Cloutier noted he was never advised of the impact of the legal combination on the propenies and has always assumed that he had three potential building sites. Exhibits N - S document the many exchanges between the City Attorney, staff and applicant trom April through August. Much of the discussion centered around the legal combination of 1967 and Request for Council Action continued page 4 of 5 October 19, 1995 Zoning File #2000 Cortlen Cloutier, 2480 Casco Point Road the problems created for applicant based on requiremtnt«i of the current Code. Staff has met with the applicant to go o\'er the specifics of the Subdivision Regulations and Zoning Code requirements. Applicant advised that his main goal is to obtain a building permit tor his son s new residence. Staff reconfirmed that the dvision of Lot 1 is no problem as the lot meets all requirements of the Zoning Code aiKl tte division will have no impact on the parcel that remains. Road issues were only raised when applicant discussed a future division of Lot 3. Applicant iK)ted he will remain the owner of Lots 3 and 4 md his son will own Lot 1. If Lot 3 is to be divided at some future date based on the standards of the Code at that time, the applicant s son may be asked to join in that subdivision if needed. Review Exhibit R. the applicant has asked the City to reconsider the original simple subdivision application before the City. As staff has noted m recent reviews, it becomes necessary to set forth the intent of the City where disacreements or unresolved issues remain tor future consideration and action. Staff has asked the City Anomey to provide language that will memorialise or set tlic record straight as to both the applicant and the City’s positions regarding this division and any further division of riir. Cloutier's property. Tom Barren has drafted the following language which staff shall incorporate in the resolution approving the division: in the subdivision application, it became apparent that Mr. Cloutier and the Cit>- disagree about the status of the land w hich is being subdivided herein. The City takes the position that the land being subdivided by this application had been combined into a single lot. Mr. Cloutier takes the position that the land combination was not authorized by him. that the land has never been legally combined, and that the lots created by the subdivision previous to the combination are still in existence. The City has made clear to .Mr. Cloutier its view that this and any fumre subdivisions need to be consistent with the Zoning Regulations in place at the time of the subdivision application, and that it will not recognize the lots as they existed previous to the combination. Mr. Cloutier disagrees, bi’t has determined to proceed with this subdivision, recognizing that the lots created hereby are not. in the City's view, subject to further division without a subsequent approved subdivision application. ,\t the September meeting, the applicant raised the issue of an additional payment tor a sewer ’assessmeni" for Lot 1. Mr. Cloutier has been in contact with the City and has been advised that the payment is not a sewer assessment but is defined as a sewer connection charge resulting Irom costs to the City for improvements to the existing system and maintenance costs. The City will e.xpect pavmen't of $1,284.50 based on the current 1995 Fee Schedule. <e Request for Council Action continued page 5 of 5 October 19, 1995 Zoning File #2000 Cortlen Cloutier. 2480 Carco Point Road In discussions with the City Attorney, he has advised that in dealing with lots previously platted that unless there is an amendment of the park fee ordinance that the City caraiot ask tor a park tee or land dedication for this division. The final surv'cy submitted with the division cf nfirms that building area to the west side of the access drive that encroaches Lot 1 will exceed the required .5 acres in are-. All driveway casements (Frederick Street access drive and Cascu Point Road drive) have been excluded trom lot area and hardcover determination. Review E.xnibit D. the Planning Commission has advised the property owner tliat the City has no control over trees removed out of the 0-75' setback area. The applicant is not asking for a variance as new construction will conform to all pertinent sections of the Code. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the Class 1 subdivision application for Cortlen Cloutier that seeks to divide Lot 1 from Lots 3. 4 and Outlet 1 of Tillson ’s Villa Carman, finding all current standards of the LR-IC Zoning District have een met and all pertinent standards of the subdivision regulations tor a Class I subdivision. Approval is subject to the following conditions: 1.Upon application for a building permit for new residence on Lot 1, applicant shall make payment to the City for a sewer connection charge of SI.284.50 based on current 1995 Fee Schedule plus a Service .Availability Charge of S850.00 (charge of Metro Waste Control Commission). The propeny has already been a. essed two water units and trunk and lateral sewer assessmerus have been paid. Applicant to create easements over Lot 1 in favor of combined Lots 3 and 4. Applicant's surveyor has created legal descriptions for the access easements to facilitate the creation of •'.••.us over the Frederick Street driveway that intersects Lot I and the main driv*- mat intersects Lot 1. Disclaimer language .fted by City Attorney is to be incorporated in resolution approving subdivision. COUNCIL ACTION REQUESTED: To either amend or adopt the enclosed approval resolution. A RESOLUTION .APPROVING A CLASS I DI\'ISION OF LEGALLY COMBINED LOTS LOCATED AT 2480 AND 2490 CASCO POINT ROAD FILE NO. 2000 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a division by Cortlen G. Cloutier (hereinafter "the Subdivider") that would divide Lot 1 fro..t r-ots 3, 4 and Outlot 1. The properties are legally described as tollows: Lots 1. 3, 4 and Outlot 1. Block 1, Tillson ’s Villa Carman. Hennepin Count>\ Minnesota (hereinafter "the property"); and WHEREAS, the Subdivider has completed all requirements of the Cit>' for a Class 1 Division of legally combined lots. NOW. THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the Class I Division of the property for Cortlen G. Cloutier as shown on the Certificate of Survey by John C. Larson, a registered land surveyor. Minnesota License #19828. of Pioneer Lneineerinu. dated February 15. 1995. most revised date October 12. 1995. and attached to this resolution, subject to the following conditions: 1.Subdivider shall create access easements over driveways that encroach Lot 1 and leuallv described on the above referenced sur\'ey. Driveway/access easements shall be granted in favor of Lob ' ind 4 over Lot 1. Subdivider to provide fully executed easements to be tiled ;tK *vSolution approving this Division. Pace 1 of 4 2. Upon application for a building permit for new residential construction on Lot 1, applicant shall make payment to the City for a sewer connection charge of $1,284.50 based on the current 1995 Fee Schedule. In addition, the applicant shall make payment of a Serv ice Availability Charge of $850.00. 3. 1 he aforesaid Division of Lot 1 from Lots 3 and 4 and Outlot 1 as shown on the attached Certificate of Survey shall be filed by the Cit>- of Orono with either the Hennepin County Recorder ’s Office or Registrar of Titles Oftice on or before April 23, 1996 together with a certified original copy of this resolution. 4. The Subdivider is hereby advised that in order to fulfil the intent of this Div ision that additional documentation must be created by Subdiv ider to provide for the legal transfer of fee title of Lot 1. 5. In the subdivision application, it became apparent that Mr. Cloutier and the City disagree about the stams of the land which is being subdivided herein. The City takes the position that the land being subdivided by this application had been combined into a single lot. Mr. Cloutier takes the position that the land combination was not authorized by him. that the land has never been legally combined, and that the lots created by the subdivision previous to the combination are still in existence. The City has made clear to Mr. Cloutier its view that this and any future subdivisions need to be consistent with the Zoning Regulations in place at the time of the subdivision application, and that it will not recognize the lots as they existed previous to the combination. Mr. Cloutier disagrees, but has determined to proceed with this subdivision, recognizing that the lots created hereby are not, in the City's view, subject to further division without a subsequent approved subdivision application. The undersigned Subdivider has read, understood and hereby agrees to the temis 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 propertv. The approval granted by this resolution sh 'M e.xpire if the Division has not been filed by the date specified above. In that event, it will be neces y to file a new application with the City of Orono for subdivision review. Page 2 of 4 Adopted by the Orono Cit>' Council on this 23rd day of October, 1995 ATTEST: Dorothy M. Hall in. City Clerk Edward J. Callahan. Jr., Mayor Cortlen G. Cloutier, Subdivider STATE OF MINNESOTA ) ) ss. COUNTY OF HENT^JEPIN ) The foregoing instrument was acknow ledged before me on this 11th day of July, 1994 b> Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of _, 199 before me a Notary Ihiblic within and for said countv. personally appeared-----------------------------------------^^------------------ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledced that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 3 of 4 \ -i CITY OF OwAo - SLTOIVISTON APPL1CAT i5 n <T ^ < / . " / -»<:'6‘ ^C/Tc'A'c^ PROPERTY LOCA-naV^ ^ - A.',- .^.V iTyTrrjW.’. ?9-/ Propcrt>' Ideauiicadon Number (.Pro}^_ Please check one - Property A^^bsiraci or/ Attach legal description to application. torreas? APPLICANT ^ i n , ,...-7^/ Name dcVTr^ Address 0^ja<^c ro//v/ Citv L4>/1 v/^/^ 77r~< ^Cr/^ . / Phone (home “ Zip Phone (’^crk) 6/^) -:^A->yoc OW^NER (if different than applicant) _ ^ - •■ Name Oci?rLt~'\, 'jr- (Ll-L L{ n<^/<:— ^-/L, -----rv •) *< v 7<^'>'“7 cyjSCc r?c~,*0 /-Phone.home^l^^^7 ricv LL^Ayl^. 4^,Zipraone (workyW --------- (anach lik c^-^/T7^rZ. l JA'-tu.^ EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District / • o ■;■ 3 / Acres Dry' Land .Acres Wet Land .Acres Total, ail parcels Residential; no. of units Other (.specify)______ PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only mo new buildling sites) Subdivision tor Nc.v Building jucs / E.xistmg Units New Units " Total Units Number of Building Sites I KI2 '« • ' I • •r*'' V. « . . . - . - . - V . -: A____ ZmZmf* ' . . » • . V t >1\ m • * • i • ‘ * ' ^ . V A • A • 4 Proposed Gross Density .Minimum Lot Size Proposed Use tcheck) • >c r Units per___Acres Sq. Ft. Dry’ Buiidable Land/.^ .. Residential Other (specify)_________ •.*, t (l/ivras ■glLAvvX'U <^<r,L|_ lyCI ^C^v^£,'> 10 )/i6 Ml]>nMUM MATERIAL REQUIRED FOR COMPLETE PRELLMINARY APHJC a TTON 1 . Payment of fees (refer to *applicaiioa fees* listed below. 2. Completed application form. 3. Preliminary plat information on Ceitificate of Survey. 4. Certified I^perty Owners List of owncn within 350* (> ou muSl obtain this list from Hennepin Cou."ty Department of Finance A-603 Govt. Center 348-3271). 5. As an wM^rutnin to thi< application, please ipyh a separate list of any other persons you wish notified of this application. Zoning Official’s Signarore________________________________________ ______________________________ MIM>nJM ^UTERIAL REQUIRED FOR CO.MPLETE FINAL AFPLIC.\TION 1. Payment of fees (refer to Preliminary Subdivision .Approval resolution and park fees if appicable). 2. Signed Certificate of Surve>' or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official’s Signature ______________________________________Date Totals L APPLICATION FEES (Zoning Administrator to check fX] those which apply) A. Application Base Fees: _____ Sketch Plan Review (Class 1. II <t 111) S200.00 ---------- _____ Subdivision of a Lot Line Rearrangement S300.00 ---------- Subdivision Application (Class I & II) S300.00 ---------- _____ Preliminary Subdivision Application S325.00 S25.00/lot (Class HI & all non-residential) ______ _____ Final Plat Application (Class IID S175.00 ---------- _____ Legal Review and Filing; _____Subdivision only S75.00 ---------- _____Subdivision w/easements and covenants min. S200.00 ---------- _____ Park Fees (to be determined per Section 11.62) ---------- Legal and Engineering Review Fees (as incurred) ---------- Renewal of Cass I and II Subdivision Application S150.00 (No change from ongmal application) ______ Renewal of Class HI. Preiiminary Subdivision Application S150.00 (No change from oriemal applic.ation) ______ Renewal of Final Class HI Subdivision Application SlOO.OO (No change from original application) ______ B. Special Improvement Fees: Proposed Private Roads S600.00 + S.50/Iineal ft.;_____lin. ft. .x .50 = S ---------- Proposed Public Roads S900.00 S.50/lineaI ft.;_____lin. ft. x .50 = S______ ______ _____ Request for City to Accept E.xisting Private Road S900.00 ---------- Proposed Sanitary Sewer Main Extension S250.(X) + S25/snib , Proposed Watermain Extension S250.00 -r $25/stub ---------- Proposed Storm Sewer System (excluding culvertsl S200.00 ---------- On-Site System. Site Evaluation Review (applicable to rural subdivision applications) S50.0C/ne'.v lot proposed for on-site x_____new lots ---------- C. Fle.xible .Application Fees/.Misc. Fees Variance $200.(X) ---------- Easement Vacation Associated with Subdivision $75.00 ---------- PRD Application with Subdivision S30.00/Dwelling Unit ---------- Fhe anplicani hereby agrees to p^ide all in loimanon required or requested by the Zoning Administrator, City Engineer, City Attorney, Planmng ^essaiyM^^pwarsTThls application and further agrees to pay all additional fees istablished by ordinance ---------------Date ^ ^ ^------------ wncr ’s Signature Date pplicant must have all submittals inrtrtfie City Office 25 days before the Planning Commission meeting. Planning Commssion eetmgs are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning ommission and Council. If an applicant is unable to anend a scheduled meeting, please make arrangements to have an authorized -ent attend in your place and to advise the Building & Zoning Office of ’Jus change prior to the meeting. «§•* ^-NO-15. =-Pbff 7 3 Nl-•n ,1 i;-y ------SIIOREilNE—-OR-t OOC «_ 5* in«w4 P W) uw? \ \ \ \ Ps ? r < 40 ^ ^_____ 140 ^ !.Sl(2?) '*0 .'3 ' n'^1 '.‘j.i-rt-»-—r-<:-n 140 ^ ^ <<0 V 5? ' 'IS Tw< iio V.'** (57) 3 T SJOl^ V C5) MV 9 » ?»j ‘40 (59)'**' ^’/ OtiHOT A (61) I_nxU\ 2iL SR :? ^5 I g(60)fc yiai ■ij''*- -OINT RD 1?)'l 5 ‘SlffSMIF ‘S SUPDIVISIOa OF LOTI, SFFm FAFF 2m DITISIOM ' • •• '■>' * ''A7'' .^-;v ••■-- . .Z'/ ‘'Of *o ;?3 ’404 t -'^A(S Vi (yrcv%o |av\c;^ (Ji\jiS/<^S tin. ptrcceSS <-«fc r u u «M OATf 9Z/n/H •ATCH 602AMft ONNCR HATC TAXPAYER NAHE/ADDR PROP AOOR OHNER NAHE TAXPAYER HAHE/AOOR PROP ADDR ONNER NAME TAXPAYER < NAME/AODR PROP ADDR 0I4IER NAME ' TAXPAYER * NAME/AODR PROP ADDR OHNER NAME TAXPAYER NAME/AODR PROP ADDR 0I4NER NAME TAXPAYER NAME/AODR Sa 20-117-2S 12 OOOT OOOS8 ADDRESS UNASSIGNEO> DAVID A BUTLER DAVID A BUTLER 4A7S MIGMHAY 12 CHASKA MN 5S318 M 20-117-25 12 0015 02AAS CARMAN ST DIANE M FISCHER DIANE FISCHER 2445 CARMEN ST MAY2ATA MN 55591 56 20-117-25 12 0014 02449 CARMAN ST BANK OF AMERICA TRUSTEE THOMAS A LIf40 2470 CARMAN ST HAYZATA MN 55591 58 20-117-25 12 0019 05580 FREDERICK ST L Y NEHTON ET AL TRUSTEES BRUCE 0 NEWTOfJ 5580 FREDERICK ST HAYZATA MN 55591 58 20-117-25 12 0022 02428 CASCO POINT RD S P J SKORO STEPHEN J « JEAN K SKORO 2428 CASCO PT RO HAYZATA MN 55591 58 20-117-25 12 0050 00058 ADDRESS UNASSIGNED HARD E EDMARDS ET AL RICHARD A EDWARDS 2480 CARMAN ST HAYZA1A m 55591 .HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST58 20-117-25 12 001000058 ADDRESS UNASSIGNED DAVID A BUTLER DAVID A BUTLER 4475 HICHMAY 12 CHASKA HN 55518 58 20-117-25 12 0014 02447 CARMAN ST T A ANDERSON I S L ANDERSON TERRY A 1 SHARI L ANDERSON 2447 CARMAN ST ORQNO MN 55591 58 20-117-25 12 0017 05555 FREDERICK ST H F t P M ANDERSEN HILBUR F ANDERSEN 5555 FREDERICK ST HAYZATA m 55591 58 20-117-25 12 0020 02474 CASCO POINT RO LYLE A lUIERKLE ETAL LYLE A BUERKLE 2474 lASCC POINT RO HAYZATA 55591 58 20-U7-25 12 0025 02408 CASCO POINT RO T 0 MICHAUD S C L MICHAUD THOMAS D MICHAUD . CARRIE L MICHAUD 2408 CASCO POINT RO HAYZATA MN 55591 38 20-117-23 12 0059 02450 CARMAN ST R C KUNCIO A S E RALEIGH R C KUfICIO A S E RALEIGH 2450 CARMAN ST HAYZATA MN 555?1 Ai,t4 ^REPORT MD. PI4554Q1 PAGE 858 20-117-25 12 001202451 CARMAN ST JALMAR E AUNE A NIFE JALMAR E A GLADYS V AUNE 2451 CARMAN ST HAYZATA m 55591 58 20-117-25 12 0015 02455 CARMAN ST J E SNELL ACE SNELL JOHN E A CLARA E ^LL 401 M005TER ST LODI OH 44254 58 20-117-23 12 0018 05545 FREDERICK ST JOHN S MCLEOO JOHN S MCLEOD 3565 FREDERICK ST HAYZATA MN 55591 58 20-117-23 12 0021 02454 CASCO POINT RO J C ROBERTS A J E ROBERTS JOmi C A JANET E ROBERTS 2454 CASCO POINT RO HAYZATA MN 55591 38 20-117-23 12 0025 055B5 FREDERICK ST J D PUGH A J A J0H14S0N J D PUGH A J A JOHNSON 5585 FREDERICK ST HAYZATA 55591 38 20-117-23 12 0060 02470 CARMAN ST T A A 0 K LINO THOMAS A Lir^O 2470 CARMAN ST HAYZATA MN 55391 Ii It ■ ■ ■ f. * * ■ ' ■ / . .via.;, t y - •’■‘Wii;* 4, . ...J ~ • 1 ‘v • • . ''rfr . t ‘ • j ‘ Si! ' • • im. '■■nm .^1{0“'(iw< HTI KNNIPINS«: M-117-2S 21 0010 02S00 CASCO l»OINT RO NOAMAN N AAIMUS CTAL NOAHAN N A XRJA F FAURUS XSOO CASCO FOINT RO HAYZATA ^ 55391 St tO-117-2S 21 OOIA 0^0 CASCO POINT RO T CNALUP3KY A 0 Y CHAIUPSXY T'CHALUPSKY A 0 Y CMALUPSKY 2SS0 CASCO POINT RO ORONO MN 5S3n • ♦ f k. i f M 20-117-25 21 0017 02520 CASCO POINT RO THOMAS N FRAHH ETAL THOMAS H FRAHH mo CASCO POINT ROAD NAYZATA MN 55391 56 20-117-25 21 0026 05605 SHORELINE DR N H BELL TELEPHONE CO US NEST INC TAX DEPT ATTN KLAUS COX 6500 S SYRACUSE HAY STE 700 fl^tHOOO CO eolii 'ii .■ TOTAL BATCH 502 00030 llr V i •‘ rf < . : r i - ■*> 1 '/i r-; .. edUNIY PROPERTY INFORfutlON SYSTEM PROPERTY CMCRS LIST56 . 20-117-25 21 001200056 ADOI^SS UNASSIGNEOMARIE A SVANOMARIE A SVANO41A0 IITH AVE SMPLS MN 55407 56 20-117-25 21 0015 02526 CASCO POINT RO MARIE A SVANO MARIE A SVAN6 4140 IITH AVE S MPLS MN 55407 56 20-117-25 21 0022 00056 ADDRESS UNASSIGNED VIL OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55559 56 20-117-25 21 0029 05607 SHORELir^. DR F J HAGNER AML HAGNER TRST FRANK J NAGT4ER 1522 ROMONA LA BOULDER CITY NV 69005 20-117-23-21-0036/0037 pending Cortlen G Cloutier Jr Cortlen G Cloutier Jr . 2480 Casco Point Rd Wayzata MN 55391 REPORT NO. PI455401 PAGE 956 20-117-25 21 001300056 ADDRESS UNASSiGNED MILDRED E HERMANSON MILDRED E HERMANSON 6120 LOREN DRIVE MPLS MN 55417 58 20-117-25 21 0016 02510 CASCO POINT RD HUGH R MORRIS ETAL HUGH R MORRIS 2510 CASCO PT RO HAYZATA MN 55391 56 20-117-25 21 0025 05745 SHORELir« OR NH ENG LUTH SYNOD GOOD SHEPHERD LUTH CHURCH 5745 SHORELINE DRIVE HAYZATA MN 55591 56 20-117-25 21 0033 03701 SHOREI INE DR CASCO RUN LTD PTNRSHP CASCO RUN LTD PTNRSHP C/0 LISABETH C CREAR BOX 126 MirtSTONKA BEACH MN 95561 r V * • r . . . • * •■■••n ' I o n ■U o ■ ' *. . • li . . . . ' *9 * • ' o as N »*Ti Tcn^t *»A'.,. iV**. * ' *' . I •:4^-***'. V* - .r. ,i[•* h•r • ^ . * . X.*'•'"*»? i ' ^ i* ' *• * ^ ^ f t • «i*. >->t ' »* A <y.. ^*•,ri.' *,ji •. • ,» . • . , J \ i>.- ; <*^.T ..i»i. h ^» m*•; .*.•*« \>jstft- ^ ly ji ;,.V;/4X' V .'s| • • '-I'*" '4=i. #:,v-.,e.l ■ ■•v..'-'i.'.!!•. . - • ♦•;•’. '!♦• • ... il . • -'®'; “{•■■■Q!.:1* i • I . u -IM' w . ’4'• i«lT' t‘ A ■ r. ' ^i'f 1 ■?••.•.' •. .. ,:j^ lil . ■..'I. .;.*^:fi' K . ;i ■•I REri€Piii couify pm^iwn wnmartm wfsrm raOKRTY IMCRS LISTV• Ik • • V* REPORT NO. PI4S5401 PAGE 10' **.iv•« I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE ANO TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEN^4EPIN COUNTY DEPARTMENT OF PROPERTY TAXi^^ION, TO THE BEST OF MY K^AXlEOGE ANO BELIEF. DATE Z-n?£ r • • • 1 ■;s .'. I I n ^ • ■ j •*,*••(* n • :1; r jVorman^ W. ^aiiru^i 2500 CASCO POINT ROAD • WAYZATA. MINNESOTA 55391 • .612) 471-8639 . .- - - -- - - - - - - - - - - —i!lil DATE: September 12, 1995 TO; City of Orono Planning Commission/Council FROM: Mr. and Mrs. Norman W. Paurus SUBJECT; Subdivision Application #2000 Re: Mr. Courtland G. Cloutier 'SHP ^'4 1995 Unfortunately my wife and I will be traveling at the time of the September 18, 1995 meeting, so in lieu of attending we submit the following. We, as the closest and most affected neighbors to Mr. Cloutier's requested subdivision, have no objection to the application, we have been informed that the current request is identical to the March 20, 1995 submittal. However, if the Planning Commission and/or Council, along with Mr. Cloutier, change the application or the response to it, we wish to reserve the right to be informed of the changes and be allowed to comment on them before they are approved. We additionally request that the house as it was shown on the original application be moved 5 to 6 feet to the northeast to save several well developed trees that would be destroyed otherwise, and that all aspects of the subdivision, house construction, drive ways, etc. comply with the current city ordinances. Thank you for your consideration. Norm and Rusty Paurus i 5- \» ,%\-,,r 5j', ‘ t*A“' - -— i '-.'^V. j-Jr, V \ ^ ^ i :%r:^ - * '‘ Vti ' I. V-^% rTl ^it I . ; t O *• '•*’ \ i _ • '^ : *\^ - \ ~ -iNOuITX^ 65 “^5 r>^o - isVt^rS \%) % As' VP.. •/rf .> I tT^ t, '« w %, ly- ’ / * K \ V. '.■•a' Ir ♦ “X ti I •* *- ■ • ' } . M >.-l . i ^1 §mI - kV' J. '■ *-• • I ' ' ‘V r ♦ / - '.'f ■ , .' •\/T' r:^:;■ • : ■• ■-•■.{ J ' - 7 ' • t V:.- ■.t/i-u'.'i: 'a... • •• - . * • «Vk^4 < ^ ^ 1^- ^ I vt •■ » • - ^ -»• «r V - ■•• ^ X »T -r»-rr- >'! "rr •*. -•■» » ■ • • : - '■ •. ’i > o-'s-r J:.-{^ i.A -j •> T l* ,. •'JlinuteS of meeting held on Oct.9,1961,were read and approved. Pmil Peterson,Secy.of the Caaco Point Community League,was present invitlr. Connell members to attend n meeting of tnelr League at tne Elimaoeth Gardner SoHool on November I7th,I96I,at 8:C0 P.I.;. Geo.Oscha of Fox Inc.’^^avarre, waa present requesting permission to move a house 20x22 ft.to a low lot on tne grounds of tne former Perodcwell nursery,tne site to be filled In for a split level .ncae.?ne nouse and site will be viewed by Pfgimj and Kanson for furtner report at our next meeting. Ted Wolf requested approval of his plans for oullding permits on Lots 5,6,7,0, “njjfl 9 Block'6,5erculst-’?Tici:land Park Adcn.-agley reported favornoly recomaendg issuance of two oermlts wnicn was approved, .'.r.Wolf also requested arproval of Tpermlt^or Lots 5,6,7,8,9 and 10, in Block 3, In same Addn. (Pererred to Ean.Gom. on petition of Geo.Heatncock and Laud Johnson,for vacation of Portland ■place adjacent to Lots I and 2,Block I,Saga Hill Revised Addn.was neld with no ■^one objecting and on motion of Bacley,seconded oy Scnaltt,petition was approve oio.Tlllson and nle attorney 7’m.Fox,presented plans for division of the Ferod- .IL property in Casco Point.Referred to tne Piang.Com.for tnelr recooenaaM^o^ r'^ggley Wegen and Henry lieyer were present in reference to tne possible purchas "of Lot I3,Snadywood Addn.Tney were crcferred to our attorney now defending suit "■with reference thereto. John Hurley and a committee,representing the Shadywood Improvement Assn.were present with petitions for extension of the i.lound water system to tne Snady- wood Point area.Tney were advised tnat a puollc nearing would be necessary and subject should first be approved by tne "illage Council of Lound. Fred Olson wss present recuestlng the hard-topping of tne Baldur Park Road. Due to Isteness'of season blacktopping would be deferred out gravel would oe applied to road end drainage problems cnecked to extent possible. Donald Tnlte presented plans for a 20 lot suodlvlsicn of his property at the intersection of Co.Hi—ways 19 & 84. ( Suomlfted to Planng. .»om. for review.) The nearing set for reconlng of property described in .notice of published nearlnff referred to in minutes of of Cct.9tn from I'esider.tlal to commercial clas-lficetlon involving petition of Melvin ^ison was approved permitting use of this area oy tne He.nn. Co. Hignv/ay Dept. Changes In codes end ordinances submitted by Hanson were reviewed ena ordered submitted to attorno^ Mewhali for review orior to ouDxlcation. Verified Accts.and dlls Mo. 16'. 5 through ■•'o.I709 were reviewed and approved. iVieeting adjourned. • Aoproved: \\ / \ : 0. E. Johnson,Clerk. / n b^ <1^ - ' ,-j\r r • * l.v--.... . . Mxvofia or TRX fonio or Tn rumwcoMKXssxo»,mi>oi Of oiioBo,oer.2*,i«fti S*N.B«lparia r«p«rt«4 as tba Matrafolltaa Sawaca Iftlaa iai • »at«p ppa»Iaaa of tbm Matpopolltoo aroa.Dlaoaaataa fcUavtit a • BaiiaKt Vhlta aabaitt«4 plana for a twootf-lat aobiitlAlM al ttM J«B4«loa of C0.Kw7a.i9 and 64* 7^ olowlfia ooanlttpai Raaaall and Nllla.roeoaawndod dlaapprooal of ttM plan OQ Ibo baala of a daad^ad road looaar than pomlalbla.aaltlplo dlroat aoooaaot onto Co.807.19,lota tnat aro uadop an atTa and aothii« aot aaddo for poOlio uao. An altomata plan vat aouaotod 07 tba ooaBltWo la wblcb tba oul>da*saa vaa aUai* natad 07 an ona«aaoaaa roadwap onto Co.B«7«19 and aaraiitaaB baildiaa aitaa propoaod.laataod of twaotp. Hilla oaaad.loldon tiM itionpto Mo«pt thm c r#pcrt«C4r7l«4f 'k. *. a .hA (Vi oa ly .li Oaorto Tlllaon praaantod bla plan to dlrlda tba farodowiU propartp Into floo lota. Tba alawlna coaalttaa.Carrp.Riea and Baaaoo.roportad faTorablp on tba plaa.Tba raport waa aeeaptad and raeoMMadatlotu for approval paaaad uaaalaoualp. Tod Volf roqviaotad approval of tbraa bolldln^ aitaa on Lota^**^^) 5.b-7*A-9-10,Blk.3.BofYqolata and Viaklanda fark Adda. Tba Tiowiag aowlttaa.Currp aad aioo, roportad tbat tbaro would ba BO dralnaaa problaaa and tbat tba alaa of tba propoaad • ^ lota would aorraapoitd to aurroundlnaa. It waa polatad out tbat tba Flaanlac CoMlaaloa bad prortoualp approvod tba ra> quoat of R.UOurida (Jqim 29,1<)61 ulnutaa)for two buildlac parwita 00 tbaaa mum l^ta. Tba CoaulaaiOB flada no objaatlao ~to tbraa aitaa,but aubadta tba raquaac to tbo Vllla4a Comall 1.^ oa a quaatloB of pallap. ’ ■.* rf . ClaruMO Owatbor raquaatad tba raaomandatloaa of tb C aloo ra a pamit to build a tvo»oa* ^aruca (.r ^.ot 6,Blk.3, Caaoo Baldbta. Apwoval waa racomandad anbjaot Co Inwaatifa* '* tioo bp Buildias Zaapaator,Oao.Baaao(u^- . A. N.- •H.. . '• . ThoTo boii« uo furttMT^ b«alaaaa«tba^Maoiia^iiaa i'vJ r- i f^ti . .♦ - • >'■ '• ft::s * pr-l ■ ■ •- ^• .V‘ • ' a . a.-* ilV I pr ■ Wy-' & - .‘ V ,hr •. . ‘5 . :'v'V . --W ' Vj%y. * • p a b.'‘. .4' •• • , •o * . ’ It : > r.i -.••♦I '• t U i*v • ■ ’« • * : H-' : / :• ;4«ia.<S2*=teYS.ui»'**sBklfe®»«9«sS«a^Sf^ . . ' Village of Crcno ^^ana• " Crystal 3ay,Minnesota. . Minutes of Council neetlng held in the Village Hall on Mov.13,1961,7:Jo P'm|| Present: H.R.Ross,Mayor;T.j.Schnltt,H.C.3agley,?:.?urnnam.Z.0.^ooda ’’rusteeii^ Q-.A. nanaon,Assr;A.a. Stinson,Foreaan;G. H.RoasaCnr. Pollce;C. £. Johnson, S. B. Belt minutes of meeting held on 0ct.23,I96I,tere read and approved. nobt.it.Svanson reouested aporoval of divlalob of t.pe three acre crooerty o* ._ennox Stuccs on County Hd. 143.Referred to rlanr.'^.Coa.under Case 'Jo.37. ! Mrs.o’. Z. Swedberg ?rere oreser.t ccncerninc etreet sl^ns on 38ker Place.Eererred to Srgr.:;illa for Investtzailon." ' “ Mr/La Page of tne Zbernardt Co •.'^rs present concerning plans for addition to tne -^nna Z.S.oltn property In Shoiywtnjd.iagley and Hanson had previously viewed tne property reconendl.ng favorably and project was approved b.v tne Council. ■ ?ed Tolf was present concerning approval of tnree building persiits pievlously handled under Planng.Com.Case ^ 34.Held in aceyance pending review by 3agley. .irs.ijoll Peterson, Secy. of t.ne Casco Point Com.League, was present reoortlng the erection oi* commercial signs In residential areas"contrary to present restrict ons...e*erred to Foreman Stinson for Investigation and report at next meeting. David Z.Lippert requested approval of plans for a two car garage on his prop erty in Snadywood,the problem being distance from prooerty"line.The clans and property were previously viewed by Bagley and Hanson a.nd on motion of Turnnam seconded by 3cnmlit,a mlni.mum. of 5 ft.from property line was approved. *' wOhn Hurley and a committee from the Snadywood Improvement were again present - concerning /g^tenslon of tne 'lound water system as referred to in minutes of Cct.2ord.-rtwy wlq,l doncact ..lound for furtner advise and recort results later. ;.verett Dexter,..'ayor of Long Lake,was present reporting on present status of P^®te^®3s of plans Involving sewage system.Ve will be contacted further If their proposeo plans Involve areas controlled cy our Village. ' •h? Foreman Stinson reported on rood improvements during current year to date. ^ j'jrcnase of a .^.oading bucmet costing C '^c.OO '.vas acproved. Stinson and Znmr. Hills will report later on progress of sireet signs*erected. fo-eo.Tlllson -.vas present Ir.volving division of the Ferodov.nil procertv handl l^der Flan.'-.g.Com. "ase ? 35 was approved. .Messrs.Pederson and McFay of t.ne County Hig.r-ay Dect.oresented resolution Involving State Project « 27-615-02-,VS 5oIi4(3)f Areola Fridge) involving Construction of Hlgnway -r 15 wnlcn was ap.:roved. Vormal Z.Helson,Crono Civil Defense Director,was present to d tlon ol personnel and actfvatlon of plans.Proposed passage of was tacled for ccnslderatlon at next meeti.ng.’ iscuss organlza- an ordinance Building,plumbing, sewage and-e’»'’ell drilling ordl.nances ?/ere discussed and minor Changes suggested and acproved. Council approved tne retirement of tne re.malnlng liquor store warrants of S5000. Council acproved tne pure .-.as e of an Adler typewriter at B 17° 50 1 /i / k- t CITV' OF OROKO P.O. Box 66 Crystal Bay, MN 55123 473-7357 ZONING FILE #2000 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 9/29/95 TO: Cortlen G. Cloutier 2480 Casco Point Road Wayzata, MN 55391 COPIES TO:Cortlen G. Cloutier 1800 Midwest Plaza Bldg. 801 Nicollet Mall Mpls., MN 55402 TYPE OF APPUCATION; DATE OF MEETING: 9/18/95 Class I Subdivision VOTE:5 FOR 1 AGAINST Planning Commission recommends the following: Planning Commission recommended approval of the proposed division of Lot 1 from Ums 3. 4 and Outlot 1 subject to the following conditions; 1. Applicant to prov ide an amended survey locating sewer and water connections to residence on combined Lots 3 and 4. Amended survey must also provide confirmation that through driveway that intersects Lot 1 will still maintain 1/2 acre contiguous building envelope to west side where development will take place. Per the comments of the meeting, given the total lot area at 34,(XX)-f s.t.. the driveway could be easily realigned to maintain the 1/2 acre contiguous standard. Applicant's surveyor to confirm contiguous buildable area west of the final located drive. 2. If Frederick Street access is to remain, an easement shall be created over the portion of the roadway that encroaches Lot 1 granted in favor of applicant. 3. Applicant has agreed to work with the City to achieve the clean-up of the debris and storage of boats and trailer on Lot 1. 4 Citv to review assessment files to determine il applicant had paid an assessment for the Frederick Street sewer connection prior to sewer being installed on Ca.sco Point Road as suggested by applicant at the meeting. It would be helpful for applicant to provide some kind ot written verification ot such pavment. Assessment records were reviewed and it was determined that the only assessment ever chanzed against this property was the one sewer charge and the two water units. The City staff will recheck the assessment rolls. 5 Disclaimer lansuace developed by the City Attorney as set forth in the staff memo of September 12. 1995 shall be included in the resolution approving the division that shall be signed by both applicant and the City’s Mayor and Clerk. sr'^. r"'' Zoning File #2000 September 29. 1995 Page 2 Applicant’s next scheduled meeting is dependent upon receipt of the additional information requested above. The following is a schedule of the deadlines for the upcoming Council meeting: MEETING October 23 November 13 November 27 DEADLINE October 16 November 6 November 20 Please contact Jeanne Mabusih if you have any further questions concerning the review of your application. I t ORONO PLANNING COMMISSION MEETING MINXTES FOR M.\RCH 20, 1995 ROLL The Orono Planning Commission met on the above date with the following members present; Chair Charles Schroeder. Stephen Peterson, Sandra Smith, Dale Lindquist. Candace Rowlette, Charles Nolan, Jr., and Janice Berg, Building and Zoning Administrator Jeanne Mabusth and Recorder Sherry Frost represented StatJ Counalmembers Jabbour and Goenen were present. Chair Schroeder caUed the meeting to order at 7:00 p m SCHEDULED PUBLIC HEARINGS/PUBLIC l>FOR>LATlON MEETING ltn\7 00 P.M. <^2000 CORTLEN G. CLOUTIER. 2480 CASCO POINT - PDiTf TMriARY SUBDIVISION. CLASS I - PUBLIC HEARING 7:00-7:53 P.. .PRELIMINARY SUBDIVISION The Cenificate of Mailing and Affidavit of Publication w ere noted The Applicant, Mr. Cloutier, was present. Mabusth reported that the application is for a division oflegally combined lots 1, 3, 4, and outlet I wWch is a type 1 classification of subdivision These lots were onginally “mblri^itr t« pu^oses The appUcan, ,s asking for a division of Lot K w h.ch meets .,11 renuirements. The issue ts access. The existing access v^l serv^ot 1. The access currentlv serves the homestead parcel. The dnvc would be altered to onfy serve lot . and the homestead parcel (combined lots 3 and 4) wtU be serted by Street When the land was subdivided, an oudot |20' wide) was created within the Ti^on Villa Carman subdivision. Lots 1-4 could gam access from the road outlot and lot 5 from Frederick Street. Today, lot 2 achieves access from outlot and combined lots 1, 3, and from direct accesses at Casco Point Road and Frederick Street whether the lot wall achieve access vaa a pnvate road or driveway outlot Lot 1 has access from Casco Point Road from an existing approved curb cut. Lot 4 has an existing access from Frederick Street. The code states that only two lots can be served trom a driveway outlot and that the back lot meet 150% of required area. The lines of existing sewer and water service to residence would need to be located and shewn on survey, the location for the water conneaion for the onginal house is unknown. The sewer may come from Casco Point Road. There may be a need for an easement depending on their locauons A municipal sewer line intersects lot 4 at the northwest comer. The City would ask for an easement over the sewer Une. / MINUTES OF THE ORONO PLAiNNING COMMISSION MEETING HELD ON MARCH 20. 1995 (#1 - #2000 Cortlen Cloutier - Continued) Mr. Cloutier said he had nothing to add to the report and had no plans at this time for lots 3 and 4. He reported that he purchased 4 lots in 1965 The property was platted with a roadway on outlot 1 pro\iding egress and ingress. Cloutier said he used outlet 1 for access at one time, and then he put in a guest driveway and now uses access off ot Frederick Street. The applicant said that the outlot 1 roadway has existed tor over 30 years. The driveway he created has been used tor less than 30 years along with the access on Frederick Street The applicant reported he created the access so as not to inconvenience the residents of lot 2, the Paurus tamily. Mr. Cloutier said he called the County tax division in 1967 and asked tor one tax statement. He reported that he was not aware that he had legally combined the lots, which was done. Cloutier would like to divide lot 1 to build a house for his son. The lot division can be done through metes and bounds division through the City The lot meet the area and width requirements. With the lot division, the driveway through lot I would be removed, as it was never legally installed The Commission members discussed what would happen with lots j and 4 if lot 1 were to be divided now Rowlette said that lot 3 would become a back lot. Rowlette questioned whether access would be through a new road or an outlot for the back lots. Lindquist thought that since it had been subdivided in the past that it would have to be allowed to be so again Rowlette suggested having the city anomey peruse the situation to eliminate a problem with subdivision in the future. Wilbur Anderson of 3555 Frederick Street asked how the lots were declared for sewer and water hook-up. Mabusth responded that the propert>’ has been assessed for 2 water units but with this sewer projea. by lineal footage along the roads were assessed. John Erickson, 1620 Shaaywood Road, who owned two lots on Shadywood, which his parents had since 1941, said that people were asked at that time if they wanted one or two tax statements if they had two lots He reponed that he has one statement but owns two lots with two sewer stubs Mabusth agreed that their land use planning was not consistent when sewer and water stubs were given out to properties. Schroeder noted that 3 sewer hookups would be needed if the lots were subdivided. Mr. Cloutier said that the house located on lot 4 is not hooked up on Casco Pt but hooked up through Frederick Street. WTien Casco sewer was installed, he had been asked where 'le would like the sewer stubbed in There is a sewer stub to serve lot 1 at Casco Point Road. An easement runs through lot 1 for lot 3 for both incress/egress and utilities. MINUTES OF THE ORONO PLANNING COM^^SSlON MEETING HELD ON MARCH 20, 1995 (#1 - #2000 - Cortlcn Cloutier - Continued) be treated as an already designated lot or not r:=sr boathouse He had installed a 3-season porch on top ot the boathouse and said thought he had been given verbal approval to do so by the building mspector at that time^ Mabisth said that the permit on He was given for a single story boathouse only Rowlette informed the appUcant of the City's desire to hav e no structures m the 0-75 zone If the boathouse is to be repaired, and the cost would more than 50 . ot the value of the boathouse at the time of the 1975 code, the boathouse must be removed. No repairs can be done without a pemiit. Rowlette said she would like to have the city attorney's opimon on whether there would be anv rights grandfathered to the property if it had been lega% combined Mabusth te^oSedTo the netuttve saving that the cunent code would apply to the P'op«^, Sist agreed thm any lurther division of lots 3 and 4, once lot I was approved tor subdivision, would have to follow the current codes \olan reiterated to the applicant that if he desires any future division of the lots, the commission needs to see the plan at this lime Cloutier responded that be concerned with future division at this time, only the one lot as ^ t!fhl U A fh„t th^ nr^sert olan for lot 1 could mean that lot 3 would not be able to be :idS: rlTb«al::nhe issue of access and would be sub,ec. ,o cunent fl^dards The commission members suggested m the applicant that h^ come back the commission with an amended application with plans for all the lots. Mabusth said, once again, that the subdivision could be done with a simple metes and b^nd subdtvasion, Mabusth put the applicant on notice .hat ^y ^ would need a new plat due to the access issue. The cunent code may "O' f t:Z rot Tsfen " :.ar:S fnThe applicarr the intentions of the applicant needed to be known at this time The anolicant said he had no plans at this time but that his children said they would like to see a L^ture division of lots 3 and 4, therefore, requested tabling of the application. Mabusth said the property would have to be replatted. iMINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 20, 1995 (#1 - s2000 - Cortlen Cloutier - Continued) Schroder moved, Peterson seconded, to table application ?2000. Ayes 7, Nays 0. (#2) #1950 GLENN UPTON, 3685 NORTH SHORE DRIVT - VARIANC ES - CONTINUATION OF PUBLIC HEARLNG 7:53-8:03 P.M. The .Applicant, Mr. Upton, was present. The application originated in the summer of 1994 for an increase in hardcov-er in the 0-75’ setback requiring a''vanance for a deck. The Planning Commission demed the application The applicant asked to go back to the Planning Commission with an amended plan The amended plan is for 192 s.f of additional living space and 484 s f for an attached garage. The amended proposal is for 5J lakeshore setback, where 75* is required. It does meefthe minimum DNR required setback of 50'. A hardship list is included as well as a petition from the neighbors which support the second proposal John Erickson asked where the property was located from him Erickson asked about the garage location, and how the proposal affects the deeded access and the public nght-of- wav The original garage is being removed, and the new garage will be attached to the side of the house, applicant said that the land crossing the public access had been deeded to him by the county. Schroeder said that this issue does not affect the application. Rowlette informed the applicant of the city ordinance disallowing any boats larger than 20' to be stored outside on a property. Schroeder noted the 68 s f increase in hardcover in the 0-75’ zone with the remainder of the increase in the 75-250’ zone He also noted the attempt by the applicant to meet as many requirements as he could and the large numoer of hardships pertaining to the application. Peterson asked about the status of the survey and side setback It was determined that the survey had been updated last year with the filing of the current application. ^Nlabusth and the applicant confirmed that the side setback requirement was met with 1 l .a Nolan asked if the .applicant was willing to remove the shed and other items located m that area, which the applicant said he would. Smith moved, Lindquist seconded, to approve applicant #2950 as amended with the condition that aU hardcover removal be completed prior to construction to include shed and miscellaneous items The access garage could be retained until the proposed attached garage is completed. Ayes 7, Nays 0 v\ CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2000 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 3/28/95 TO:Counland Cloutier 2480 Casco Point Road Wayzata. MN 55391 COPIES TO:Brandi Anderson Homes Iik. 1602 East Cliff Road Burnsville. MN 55337 TYPE OF APPLICATION:Class I Subdivision DATE OF .MEETLNG: 3/20/95 VOTE:7 FOR 0 AGALNST Planning Commission recommends the following: The Planning Commission voted to table your subdivision application per applicant ’s request providing applicant additional time to consider and review all options available to owner concerning the tuture division ot Lots 1, 3 and 4, Tillson s Villa Comnu)n. As already stated at the meeting, if applicant proposes the division of legally combined parcels into three lots, each lot must conform to the current standards ot the municipal code. Staff has enclosed manv of the pertinent code sections tor a property division within the LR-IC, Lakeshore Residential Zoning District. Staff would be happy to meet with either you or your surveyor to explain the various code sections included with this notice. The City Attorney. Thomas Barrett, has advised that you have been in communication with him and have posed ceruin questi as that he hoped had been resolved for you. In any case, it is our understanding that Mr. Barrett will be preparing a memo to address many of the legal issues raised in your conversation with him. I have enclosed a new subdivision application which includes the schedule for upcoming meetings. If parcels are to be replatted, you will be asked to file a Type III subdivision application. Staff will be happy to credit any of the unused tunds from the original application against the new application. Staff would encourage either vou or your representative to meet with staff so that we may discuss or answer any questions you may have dealing with the directives of the code and the filing of an amended subdivision application. Enc. 1 Code Sections LR-IC, Lot Standards Definitions Lot Width & Lot .Area Subdivision Regulations for Back Lots Subdivision Regulations Private Road Standards ch A/ i.\<L’ ornc.Tr CLOUTIER &. CLOUTIER ^•nOrS5S:CN^L A550C-Ar:CN attorniys at law lecc MICWfeST ?LA2A U^EiT >c: niccuet mau WiN’StArOLl:. MINNESOTA 5540 MC al A jSISTAST s cdftniNO clcuticm ■L'ZAMT m a . CkCUTitH Hfunit H. WUlCHTt :sLL?HOv£ '6:’) U7.I1CC TOLL :-£CO-A7.4-2iU FACsrvric 'ftin 144-iiiO ■ OkS$M*d •"mCMaJ thijsim Aulii 12, MANh nFLI\i;!RFD Thomas J. Barrett. Esq. POPHAM. Hi\lK. SCHNOBRICH & KAUFNLXN. LTD. 3300 Piper Jalfray Tower 222 South Ninth Street Minneapolis, NIN 55402 RE: Jity ot'Orono Application for Builtling Permit: Lot 1, Till’inn’s Villa Cannan Addition Dear Mr. Bttrrett; I appreciate the oppommity to c.xpress my view to you regarding the application tor a buildmg permit for Lot 1 Tillson’s Villa Carm;m .Addition. Pursuant to the concerns I expressed in our earlier discussion, 1 have reviewed the applicable City Ordinances and performed extensive rcscareh as to the legal aspects of what I understand to be the issues involved. mhlOKi Tiilson's Villa Carman .Addition was subdivided into five lets and an outlet in 19b2, All lots ipprovcd and recordec .as meeting the proper area requirements for buildable lots under thewer e ai Citv's 1955 Zoning Ordinance. .A copy ot the Plat is attached. In 1965 I purchased Lots 1. 4 and Outlet 1. In 1966 I purchased Lots 2 and 3. That same year Lot 2 was sold leaving me with my ownership infcre.st in Lots 1, 3, 4 and Outlot 1. In January 1995.1 conveyed Lot I to my son. In February 1995, my son requested a permit to build a sincle fami’> I.veiling on Lot 1 The City refused to issue a buildinc permit to him, for Lot 1. despite the Oct that Lot 1 meets all current area requirements under Municipal Zoiiing Oidinance iCC. 10.J5 (1984). 1 A Thomas J. Barrel:. Esq. Acnl 12. 1995 * Page Two Tlic City has required me to apply for re-subdivision of Lots 1. 3. 4 and Outlet 1, betore it will consider issuing a building pe.nmil to my son. Tlie Cit>- has required me to present a current ^ •uirvcy of Lots 1.3, 4 and Outlot 1, showing h-ardcover. square leei and dimensions. In an etror. to avoid the delay and cost of litigation, I have tried to comply with the Cit}* s demand for re- subdivision of Lot I. pursuant to the City’s interpretation of Its 1984 Zoning Ordinance. All of the City' oftlciais, who have examinee* the suT- ey ol Lot 1 agree that it is in full womplionce (os pre.s^rtly platted) with the requirements of the 1984 Zoning Ordinance. Tlie application tor re- subdivision of Lot I, which I 'vas compelled to present to the City, was tabled at the ;ast Planninu Commission meetina in order to give m.e time to evaluate the appropriateness of applying for re-subdivision of Lot 3 xnd Outlot 1. I was advised at the meeting, that if I did not apply for rc-subdivision of Lot 3 at uhe same time as Lot 1,1 would never be able to do so later, nor could Lot 3 ever be legally eligible for a building peonit. APPROPBf ATF ORDINANCE A>D vPPl IC.VBLE LaW The applicable ordinance governing .area reqmrem.ents tor building on this type of property is Mimicipfll Zoning Ordinance sec. 10.25 subd.(6)(b)(I984). It designates .a minimum lot area requirement of 1/2 acre. The City of Orono has a "grandfather provision" in its Zoning Ordinance. It provides that If an e.xisting "Lot of Record", in an •R " District, serxiced by a sanitary sewer does not meet this and the other .minimum requiremenTs, the lot may be utilized for single family dwelling purposes without council approval if the are.a mc.asurements and width are within eighty percent i SQ%) of the Zoning Chapter requirements’ .Nliinicip.al Zoning Ordinance sec. 10.03 sub<J.(6)(a)(l). This type of language meaningless vmiess construed to "Gr.'mdfathcr" in previously lecordea lots that meet the requirements. Dhv v. Weight Counrv. 391 .N.W.2d 32 at 34 (Minn. App. 19M6). If the party seeking the perm.it meets all the standards presenhed in the ordinance, die council has no di.scretion to deny the perm.it. Its refusal to gram the pe.-rnii in such circumstancer. is arbitrac.' a.s a matter of law and mandamus will lie to compel the council to grant the permit. IjLi 34. Zoninu Orrim.mces are in derogation of the common law and should be construed strictly against the City luid in favor of t.he property owr.er. LL. at 35. In Dnv V Wrifhf County , a propeny owner petitioned the Coon to compel the Wnght County- Board of .Adjusiment.s to ried.are his property a "buildable lot" .and grant him a building permit for it. The properly owner argued that the Wright County Ordinance on Zoning had a grandfather clau.se. deeming his property' buildable by law. The Court found that the property owner was in full compliance with the ordinance under a grandfather clause and when these btiindards ore met the City Council has no discretion to deny the pernm. M Thomas J. Ban«tt, April 12, Page ihrec • - «/>t ihtf one iiiv son %'ishcs to build on In my situation, ihe Lci which is f outlet. The comimssion is anempijng to a-.,hin 100% of the 19S4 requitemems 3 is a "Lot of Record", wtthiti an _ Ordinance, this action is itrc«cc^oO “J ^ ^ ^ jq,., current area requirement Lot a, •*R" District, seiviced by a hanaUiry se er • ,^1^. 950/^ of the current area in fact meets the c’arrcnl J uJijer the jrindfather provision, sec. !'' subd.(b)(axi n iv Lot 3 today, mis granasamci language of this pros ision^f. commission's insistence that I re-subdivide :;tioi°W rut^stdedparca'd adhere >o Zrd^sSXV-n 100"/o of the current requircmeniN- The pixnning commission s "90i«"'«"‘'^Ys*orReco'r^ but aTone unplatted parcel. They view Lots 1. 3. -1 and Outlet I as separate Lo« ^'Yterence to mv Lots and have given that as have mentioned the phrase Howter^ nowhere in the Zoning Ordinance or .he “sS::n^otd" -.V c'ass 1 Subdivision shall be exempt horn platimg by .he Ci.y an' ;ra 1 be -ermiited subdivision by me.es ana bouiius W'on iesenbed by a Registered Land Su-bor ^ -f ore or more of tlie following criteria ......»h' sutoi.ision _ Ji'vision of property ptcviously combtnea lor tux purposes. a, careful reading of this provision, in „Y‘e' m^oU*'rrcaid!M new subdivision ' “ "'’"'rro or arr^u^v other way is‘a nusintcrp’rcta.ion of its language and intent. nroposQls. io'.or.hwH-c ui ai i . • ^ 1 Anrhired'carcsls as "one" single lot which I believe the City uto ia doing so. the new subdivision would requite subdivision tor f« jccordii.u to the Hennepin County ''’iven iSr-^rSS^tVitans .hat all indst ldua. lots owmed by one owner are to g Thomas J. BafTfil. Hsc|. April 11. 1995 Page Four one P.I.D. number for tax purposes. This %vas done as an administrative benctit so the xx\ ^ department ^vouid cnlv need to send out one tax - tatemc.-tt for all property our.ed instead or multiple statements. By no means was this mtenoed to change each lots designation as a *ot of record" or "buildable lot". Proof of this lies in how each lot is consuered b> the Txx A.^e^.c . Each Lot is listed as a sepx-ate buildable lot and is txxed according to its value as a buildable ^ Lot. WTicn they are combined, there is no change in ta.x ccnset^uences. The Coumv Assessors oftice supports ray claim that ;ts practice of billing four individually platted lots'on one tav stateraem, since l')67, has no legal citect on the lots designation as a "buildable lot". No formal petition or procedure was involved in the four lots being combine and taxed together on one billing statement. Finally, an issue of equit>' arises since there surely uas never any intent to lose my "lot of record" designation, which essentially amounts to my future interest to build. It appears our impasse is the result of a misinterpretation and application of the Subdivision Ordimince I believe vou will agree that the proper requirements governing my request to build are not found in the Municip.al Subdivision Ordinance. Chapter 11, but rather in the Municipal Zoning Ordinance. Chapter 10. I hope my analysis has been hclphii for your con.sideration ot this situation. We would welcome an opporfiuiity for further discussion to expedite this process of iecuruig a building permit for Lot I CGCtkf y t io^ricci OCMVKII. T«k 1 soe> TCl 909 930-0099 1ilr*SMiNCTo««, O C. tE«. 202 024 •do# POPHAM HAIK SCf«M09f«tCM A KAUrMAH, LTD. lwCii.w0l»« LAW W»*CTi«f 09 MASOM, rSNWlCK H LAWIICMCC* C t ? AS It. I 1 N f 0 t80f Suite 3300 3t2 South Ninth Stacet Minmsapo(.is. Minnesota 9S402‘333S tel SI2-333-4SOO • Fam si2-334>aaae Thomas J. Bashett, C»q. DfitECT Dial <BtS) 334-2S7B (:!) eCliiNA. Cm(W« rcL 01 I04I St 9S24I WtiAt<4. atVMAHV Tec0tl44 94) 4SIS42S STu^^aAHT. OEUtiiAMir Ttu Ot I4B-7I t.229S3 April 20, 1995 2 1 1995Cortlen G. Cloutier, Esq. R Cloutier & Cloutier, P.A. 1800 Midw'est Plaza West 801 Nicollet MaU Minneapolis, Minnesota 55402 Re: City of Orono - Application for Building Permit: Lot 1, Tillson’s Villa Carman Addition Dear Mr. Cloutier Tiiank you for your letter of April 12, 1995; I have discussed it with Jeanne Mabuslh at the Orono City offices, and I wanted to offer you this reply. Your son has made application for a Building Permit on Lot 1. Tillson ’s Villa Carman Addition and the City has responded that a precondition to the permit is a Type I subdivision which would allow you to treat Lot 1 as a freestanding lot. The City is willing to allow you to subdivide the area described as Lot 1, but it has raised the cautionary note that it you do so without attention to the remaining areas, which you call Lots 3, 4 and Outlot I, that you will find it difficult to further subdivide that area. It is the City’s recommendation that you consider the entire area cf Lots I, 3. 4 and OuUot 1 for subdivision at this time. Your response is a legal argument which is essentially this: the effect of the lot combination which you requested on Lots 1, 3, 4 and Outlot 1, and which the City approved, left the lots subdivided for zoning and planning purposes and therefore able to be independently developed without further subdivision. The City’s position is that a legal lot combination has the effect of ending the separate legal status of any lots so combined, and that separate development of the lots requires subdivision under its code. I have reviewed the language of Orono ’s zoning code at 10.25, subd. (6)(b) and subd. (6)(a)(l). I believe that the Lmguage speaks to an existing lot of record, and our 082/22079481 4/2095 Cortkn G. Cloutier. E$q. April 20, 199S Page -2- disagreement is whether or not Lot 1 is an existing lot of record. It is the City’s position that it is not, since the effect of combination (on any of the other lots combined) has been to create one large lot where several previously existed. It seems likely that the assessor must hold that view as well, since I suspect that the tax impact of holding three lots, two of which are not homesteaded, would be different from holding only one homesteaded lot Further, the City’s previous authorization of a boathouse on the combined property would be inconsistent with its zoning regulations as to accessory structures if the former lots were treated as individual parcels for zoning purposes. Indeed, that is the meaning of the language "combined for tax purposes" in Sec. 11.03(2)(66)(a)(2). The language assumes that simple subdivision will be allowed if the combination had only the el feet of combining for tax purposes, and not the further and complicating effect of subsequent development which relied for zoning compliance on the area and characteristics of the combined parcel as a single loL Please let me know if you have further questions. Sincerely, cc: Thomas J'. Barrett .•ann? Mabusth 082/220794JI 4/209.'' o Law CFFJctS CLOUTIER &. CLOUTIER fiCrisStOSAi AS3CC:aT5CW ATTCAHtfS AT LAW COAT lIN 9. CkOuTM euZACCTH A. CUOUtiO KtHWT »*. FdUICHTI leCO midwest WE*T Ml NICOUET MAU M1Sn La ^2US, MINNESOTA 3J4CJ l*<;aL A44I$TANTS TELEPHONE (6123 J)2-31C0 TOLL TREE ;4004T8*:j31 FACSIMILE ‘t!:,'M4.1 ::o .•CK.tNC « oi.:>TO(-‘(i r>«CMASj IMISSCM Jiine 27. 1995 .feCE» HAVnl^FlJVFIlFni ^eo 4 Thomas J. Darren, Esq. POPHAM, HAIK. SCHNOBRICH tt p^/nufman . ltd 3300 Piper JalTray Tower 222 South Ninth Street Minneapolis, NfN 55^02 R£; CityofOrono Application for BuiWing Permit.' Lot 1, Till^on's Villa Carman Addition Dear Mr. Barrett: This is to follow oiir previous conferences and correspondence vvith you relative to my son's request for a residential building pe.nnit for Lot I, Block 1. Tillson ’s Villa Carman .Addition. Orono. Minnesota. You will recall that my son ’s application was denied on the grounds that Lot I is net considered a buildable "lot of record" because \ allegedly "combined Lots 1, 3. 4 and Outlot I for ta.\ purposes." and our ordinances thereby require re-subdivision. We understand the City in relying on the factual accuracy of the foiiowing: I.That I "combined the lots for ta,\ purposes," i.e. 1 combined my lots and received a real estate tax savings or credit because of it. To build on one of the Lots on this previously combined property, I must now re-5ubdi’. ide - creating .new "Lots ol Record". In re-3ubdividiiig the Lot.s. the iuea requirements of the 1984 subdividing anti zoning ordinance must be fully complied with. ITioinas J. Barrett, Esq. June 27,1995 r*acc Two I believe we all afree *Jiat the important questions that have to be ans'wered arc as follov-s. 1. Was there a record that 1 authorized the ccmbination tor tax ptirposesV 2. Did I receive a tax saving with this alleged combination? I was unable to find any record that 1 was inN'OIved in combining these Lots for tax purposes or any other purposes. Instead of relying on my memcrv-, I contacted the City of Orono Assessor s Office, the Hennepin County Assessor ’s Office and the Hennepin Countv- Tax Payers Service Office to sec if there is some sort of record that would support the claim that I requested a combination of mv Lots for tax purposes. They all reported that no such document exists. In addition, the City of Orono A.ssessor ’s Office, who is verv- familiar with this property and our dispute believed that a combination of properry ’ of this size and value would not be wise. I agree. This has been my position. '.Vhy would I ever wish to lose a Mot or record designation and essentially lose the potential value of my lots as buildable lots wiihout something of value in return? The City has suggested that i was motivated to combine the iot.s because ! received some tax benefit from combination, i.c.. tnat the ’•combination was for tax purposes.”! have searc’ncd Uirough my records for the last }0 years and located most of my real estate tax statements tor that period. They clearly show that Lhcre was no tax savings to me, after my lots were allegedly combined. I was receiving the maximum homestead tax credit against the real estate taxes charued auainsi Lot 4. on which my personal residence is located. The real estate tax credit for the owner'of a homestead in .Minnesota in 1965. when I purchased ray homestead on Lot 4, was the lesser of 25'lo of the general lax or $250.00. The homestead tax credit remained the same until 1974 when the credit was increased to 5325.00. Since the general tax on Lot 4 has always reen over $1,000.00. while I 'nave owned ±e property from 1965 tlirough 1973 (in 1972 the general tax on Lot 4 was SI.201.25). I -.vas ahvays entitled to and received the maximum homestead *ax credit of $250.00 ever:.- year without a combination of my lots. That was also true after 1974 when the homestead tax credit was increased to a maximum of $325.00, and in 1980 when the credit was raised to $550.00, and when su’esequent increases were made in the amount of tne homestead credit. There was no economic reason for me to request combination of my Lots into a larger hom.csteau, because increasing ±e aggregate market value, aggregate assessed value, and aggregate general tax did not entitle me to a l.irger homestead tax credit. There was no advantage to me to combine the lots for real esmie rax puzposes, and there was no disadv.antage to the Ciiy if I had combined the lots. Thomas J. Barrett, Esq. June 27,1995 Page Three In 1972. *e combination of my lo« for ’•« f for receiving o $250.00 homestead tax creait for -ot irpe-’- cembined. the aggregate Outlet I anU Lots 1. 3, and 4 the 1st statem,era wnere ut • ‘ FP ^ ^ g.n.rai .ax Has *. s«n, a. K ^as on md.™.n mx Lm«tcad ta.x credit n-as not changed trom S.dn.on, .0 a lugne. creo. combination. Copies of my pertinent real estate tax sUtements are attached tor >our rcMc.v. The statem that arc missing can be located if needed. 1 hope from your review of this new iu reouiremenis arc creaiing great inequity . „ satisfy the City's dema.nds about $3.000.00.0 $4,000.00 for siuveys and „f the delay. for a permit. A favorable mortgage ” mortgage I would like to .avoid litigation on dlls matter, ,f„v way tL problem can be resolved on an O^reciate yom ^vtce as . ^ placed before the City Counc.l as soon as poss.blc “wX no Issue as to whether I h,ave exhausted all of my administrative remedies ovoiloblc to ni6. Thank you for your consideration and assistance with this manor. P \ CGC.tkf Enclostires U • O'VICKS OCWvC*. rcu I09-»«l-«too MiAMl. rwOVltt* T«w »0« fSO-OM# nrAtMi«icro*«. O C Tew <Oa-«44 P Q P H A M H A1 K ISCNMOVltieM m iCAUrWAM. LTD. >^Cwu3<«i& 4*aCTiC1 0» MASOM* rtNWiCH A LAWAAMCS* CSTASLlAHtd 1S9f Suits 9300 292 SOuTm Ni»«th STAfC’’’ Mi««ncapoi.i9. Mmumssota 95402 9336 TSC 612 393 4SOO • Fax 612-334 686a T»^3liAS J. ^MCTT, CMu OmCCT OtAt. (611) *S6-a676 0 • Cmihw T«c 0« I 9 ( 192# I ▼«wOlt4t 141 44*44; ItuT^AAVT ai««a*«iV ttw 01 * 44-7 I I tIS41 June 28. 1995 Cortlen G. Cloutier. Esq. Cloutier & Cloutier, P.A. 1800 Midwest Plaza West 801 NicoUei Mall Minneapolis, Minnesota 55402 JUN 30 Re: Application for Building Permit: Lot 1. Tillson’s Villa Carman Addition Dear Mr. Cloutier: I have reviewed your letter of June 27. 1995. But I do not entirely understand it Do you mean to say that your lots have not been combined, or do you simply mean that you never authorized the combination? The City’s records show that the lots are combined. The City relied on lliat information when it issued a building permit for the boat house some years ago. The City’s plat maps continue to show that the lots were combined. If you believe that the combination is an error, you should take that up with Hennepin County, since the City has no power to "uncombine" the lots oilier than through the subdivision process. Further to the tax benefit question which you discuss, combination for tax purposes does not improve the tax status of the existing homestead, but could of course reduce the tax burden of the other lots which are joined to the existing homestead by the combination. But ultimately the City’s decision not to issue the building permit is based on the fact that the lots are combined, not the motive lor the combination. 082/22086547 6/29/95 Cortlen G. Cloutier. Esq. June 28, 1995 Page 2 k Finally, it is not my undersUtnding that the building permit application was denied as you suggest in paragraph two of your letter. When the application was made, the City pointed out that you would need to seek a subdivision because two houses could not be buUt on the combined lot You applied for such simple subdivision and then, at the Planning Commission meeting where the subdivision was considered, asked to have the matter tabled. Proceduraily then, you might consider the following: if you believe that the combination is not a legal bar to the building permit, you could dismiss the subdivision application, and then appeal the City ’s denial of the building permit, which will be based on the fact that the combined lot cannot have two houses on it Alternatively, you may wish to continue working with the City to allow the subdivision you think appropriate which, if denied, would also be available for review. Please let me know whether you have any questions. 082/22086547 6/29«5 k\ I ' ATTOILSFYS AT LA^' co«TUNO CLOunia rUZASETH A CLOUmd ICERMT M- fm^CHTE LAW OFFICES CLOUTIER &. CLOUTIER rHOFESSICNAL ASSOCIATIOS 18C0 MIDWEST PLAZA WEST 301 NICOLLE: MALL UINNE.\fOUS. MINNESOTA 55402 TELEPHONE (61 2) 3 J:-5100 TOLL FREE l-8004:$.2334 FACSIMILE (612)3441220 AuBust 28, 1995 LEGAL ASSISTANTS JW.EN6 n, OLOSBERQ THOMAS J THiSSf N BAND PELrVTREP City of Orono Planning/Zoning Department 2750 Kelley Parkway Post Office Box 66 Crystal Bay, MN 55323 ATTN: Jeanne Mabust Building and Zoning Administrator RE: Applicauon for Residential Building Permit: Lot I Tillson's Villa Carman Addition Dear Sir and Madam: This will confirm my verbal request to Ms. Mabust at our meeting on August 22, 1995, that the City of Orono consider our application for a residential building permit for Lot 1, Tillson’s Villa Carman .Addition at the next City Council Meeting Ms. Mabust has advised me of the Building and Zoning Ordinances, and it is my w ish to proceed at this time, with the building permit application for Lot 1. Respectfully. CGC/tkf September 11, 1995 CITYofORONO Municipal Ofllcts Street Atttressj 2750 Par»i»ay Orono. MN 55356 Mailing AiMrtss: P.O. Boi 66 Crystal Bay. 55323 0066 Corilen G. Cloutier 1800 Midwest Plaza Building 801 Nicollet Mall Minneapolis. MN 55402 RE: Application #2000 - Class I Subdivision. Simple Division Dear Mr. Cloutier: At your request, we have rescheduled your subdivision application (#2000) at the Planning Commission meeting of September 18. 1995. Prior to the meeting you will receive a staff memo reviewing the issues discussed with both the City Attorney and City staff. Based on the issues reviewed and discussed at our previous meeting, you agreed that you would proceed with the division of Lot 1. Tillson's Villa Carman Addition as originally proposed to the City. Sincerely. I"*»Cl //1 tt Jeanne A. Mabuslh Building tSc Zoning Administrator JAM.dsv cc; Tom Bairctt. City Attorney Telephone (612) 473-7357 • FAX 473-0510 REQUEST FOR COUNCIL ACTION COUNCILMEEn ‘'^ OCT 2 3 1995 CfTY Of 080NO DATE: October :0, 1995 ITEM NO.Up Department Approval: Nanc Jeanne A. Mabusth Title Building k. Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2051 Michael Hilbelink, 2760 Watenown Road - Final Subdivision - Resolution The applicant has fulfilled all conditions of preliminary- plat approval and has submitted required exhibits and necessary payments to allow for the final plat approval ot the Rosch Addition. Start recommends approval of the final plat subject to the findings and conditions set forth in the enclosed resolution. COUNCIL ACTION REQUESTED: To either amend or adopt the enclosed approval resolution A RESOLUTION APPROVING THE PLAT OF ROSCH ADDITION nLE NO. 2051 WHEREAS, the Cit>- of Orono is a municipal corpK>ration organized and existing under the law's of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development ot land within the City; and WHERE,\S, the City Council has considered the application for a Class III Subdivision of a four lot plat by Michael J. Hilbelink hereinafter (the subdivider); and WHEREAS, the subdivision has been found to meet all standards of the RR-IB, Rural Residential Zoning District, finding that each lot is of a size and configuration that will allow its use as a sinizle family residence to be fully developed without the need ot any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 3601. 2. Dedication on the plat of rights-of-way for public roads shown as Watertown Road and Old Crvstal Bav Road. J Creation of a new private road shown on the plat as Outlet A to be known henceforth as Copper View Drive. Concurrent with the creation of this private road the subdiv ider has dedicated to the City a road and utiliw easement granting to the City pemianent access, improvement and utilitv easements over said outlot; the subdivider has created non-e.\clusive incress, eeress. drainage and utility easements over said outlot in favor of all abutting and'or benefiiting lots including a declaration of certain maintenance covenants where in each of the abutting and/or benefitting lot owners’ covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. Pace I 01 3 5. 6. 7. 8. 9. Subdivider has also included within that same declaration of maintenance covenant a covenant whereby each of the bcnefming four lot owners will permanently maintain and pay the cost of maintenance tor drainageways and drainage ponds within said subdivision. Dedication to the Citv’ of a drainage easement providing for limitations on the use of wetlands, drainageways and retention ponds described therein ,md shown on the plat as drainage casements. Subdivider has chosen to include Type 1 wetlands not designated on the Citv's Conservation Map within the drainage easements shown on the plat and protected under this drainage easement. Subdivider has e.xecuted a dev eloper's agreement and posted a letter of credit written to 150% of the cost of required improv ements. Required improvements shall include all grading drainage improv ements and road improvements as shown on plans and specs by Mark S. Gronberg, a registered professional engineer. Job #95-233, sheet 1 of 1 dated 9/29/95. Payment to the City of park dedication fee in tlic amount of $8,072.25. Fee has been adjusted to exclude 9,803 s.f. of bike trail easement. Pav ment to the City for the legal review and filing of the plat, easements and cov enants in the amount of $200.00. 10. Payment to the City of final plat application in the amount of $ 175.00. .NOW, rUKREFORE BE IT RESOI.VEI), that the City Council of the City of Orono hereby approves the plat of Rosch .Addititm. Hennepin County, Minnesota, subject to the following conditions: 1.Prior to the City issuing a building pemiit for new construction on Lot 4. the ditch along the north side of Watertown Road is to be excavated and trees cleared in the right-of-way to improve drainage and site distance at curb cut. Well within Lot 4, Block 1 is to be sealed oiTas regulated per State standards if well is not serv ed a new residential construction. Page 2 of 3 3. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder’s OtTice or a Registrar of Titles' Office on or before April 23. 19% together with a certified original copy ot this resolution and executed copies of the covenants and easements noted above. The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event it will be necessary to file a new application with the Cits ot Orono for subdivision review. Dated this 23rd day ot October, 1995. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The Ibreuoing instrument was acknowledged before me on this 23rd day ot October. 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. Notarv Public Pace 3 of 3 • « :'l o\\ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. R ^ Q 1 A RESOLUTION GRANTINC I‘RELIMINARY APPROVAL OF A CLASS 111 SUBDIVISION FOR A PROPER! Y LOCATED AT 2760 WATERTOWN ROAD - FILE NO. 2051 WHEREAS, Michael J. Hilbdink (hereinafter 'the subdivider") on July 28. 1995 filed a fornul subdivision applicaiion with the City lor approval of a four lot residential plat ol properly legally described as: refer to Exhibit A att.aclicd (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462 358 el’seq. and the Cilv of Oronos Zoning and Subdivision Codes, tiic Uroiu) Planninc Commission held a public hearing on August 21. 1995. at which time all jn^sons desiring to be heard concerning this application were given the opportunity to speak thereon. .i ^VTIEREAS, at their rceular meeting held on September 11. 1995. the Orono City Council considered Ihe subdivision application of the subdividers noting the IoUon. ing findings of fact . 1.Ihe properties are located within the KR-IB .Single Family Rural Kesideniial Zoning District requiring a minimum ol two acres of contigu< us dry bundabic land within each newly created lot. l!ie pri’perty contains a total of appro.ximalely 8.97 acres cxclusise ot road rights-of-way and a private road ouilot. The proposed plat consists of fmir residential lots e.ach meeting the minmium requirement of two acres of dry buildable area and required lot width ol ^00 to the rear of the 50’ front/sireet setback line. 4. 5. All lots meet tlie siand.irds of the RR-IH Zoning District. All four lots have been found to have adequate and suitable .soils lor on-sitc septic disposal systems Page 1 of 6 « « '/ O.. 0'.\CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO s eo 1 6 All four lots have been found lo have adequate and suitable soils for on sile septic disposal systems. The City Staff and City Engineer have conceptually apprmed the drainage/grading plan and road plan for the subdivision as shown on drawings prepared by Mark S. Gronberg of Coffin and Gronberg. Inc dated August 1. 1995. Job #95-233. Sheet I of 1. At the August 21. 1995 meeting of the Planning Commission, members recommended unanimous approval of a variance to Section 11.33. Subdivision 4 of the Subdivision Regulations that vvould allow Lois 1. 2 and 3 to be served by a private road outlot with cul-de-s.ic and Lot 4 sh.ill continue to be served at the existing curb cut at Watertown Road that served the original homestead, based on the following unique findings and hardships: a. b e The curb cut at the road outlot and existing curb cut at Watertown Ro.ad have bee*, -pproved by the City Engineer as meeting the required sighting distance for roadways at a 40 m.p.h. speed limit. There is adequate dry buildabic area to design a subdivision with a road outlot along the east lot line 1 he proposed access plan has been proposed in order to preserve the natural amenities of this property. The proposed access plan will alhnv an e.xtcnsive wooded area at the southeast corner of the property to remain undisturbed. Placement of a road along the east line wimld result in a major impact upon the existing steeper elevations as one moves north along the east lot line. In the review of the Peterman ,\ddition. the residential development to the immediate east, the City determined that an extension road outlot to the subject property would not be required by the developer. If a conforming road was developed along the east lot line. Lots 1-4 ol the Peterman Addition and three of the lots within the current division would become through lots requiring all property owners to obtain conditional Pace 2 of 0 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO,3^01 use permits for construction of all accessors' structures. g If a conforming road was installed along the east lot line. Lot 4 would now be surrounded by a roadway on all three sides. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, itie City Council of the City of Orono heaby approves the preliminary plat application of Michael J. Hilbelink per plat drawings by Mark S. Gronberg of Coftm and Gronberg. Inc. dated Julv 26. 1995. Job. #95-233 and grants a variance to Section 11.33. Subdivision 4 based on the unique findings and hardships set forth in Item 01 above, subject to the following conditions: 1 . Applicant to dedicate 10* drainage easement along shared lot lines of Lots 2 and 3. The drainaec easement to extend along north lot line of Lot 4 and south lot line of Lot 3 up to the retention pond. The retention pond shall also bo designated on the plat as drainage easements. A 15 easement shall be dedicated over the drainage structure, batfie w'eir and CMP to the s(^u'.h\vest of retention pond. 2. Applicant to develop covenant for Type 1 wetlands located within Lots 3 and 4. The puqiose of the covenant is to alert all future property owners of tlie need to protect the area and if alterations are proposed to first obtain the necessary approvals from the Corps of Hngineers and the Minnehaha Creek Watershed District before applying for approvals from the City ot Orono. 3 The ditch along north side ot Watertown Road to be excavated and trees clctired in the right-of-way to improve drainage and sight distance. 4 Drainage swale to be stepped to reduce grades from 1% to 2% with riprap or underground tile. The City recommends riprap rather than underground tiles which require regular maintenance. 5 Two existing draintiles that outlet at the east lot line may be closed off as drainage .'rom east is conveyed along an approved drainage path along west lot line within Retennan Addition. 6. .Septic sites on Lots 1, 2 and 3 to be staked and pnHected prior to any land alterations on this property that would include the City’s iivstallation ot a bike Rage 3 of 6 /oI O'-CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 8^01 trail, applicant’s installation of road and drainage improvements. 7. Well within Lot 4, Block I to be sealed off as regulated per State standards if well is not to serve new residential construction. 8. Applicant to execute Developer ’s Agreement to ensure all grading/drainage improvements and road improvements arc installed to City’s specilications and satisfaction .No land alterations can take place until erosion control is established and septic sites fenced and the City is in receipt ol a linal grading and road plan. No improvements can begin until City I-ngineer has approved all improvement plans. A Letter of Credit must accompany a fully executed Developer ’s Agreement written to 150% of the cost of the proposed ro ' and site improvement. No building permits will be issued until all drainage facilities have been installed and approved and satisfactory road base completed. 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 follow's; 1. Record plat drawings in the form of two (2) mylar copies (one copy for the City’s records and one for filing with Hennepin County) and one (1) copy reduced to 1 ” = 200 ’. Drawing to include: A. l.ot lines platted per preliminary survey by Mark S. Gronberg ot Collin and Gronberg. Inc. dated July 26. 1995. B. Dedication of ’drainage and utility easements ’ 10 ’ along boundaries of the property and road outhil and 5’ along all internal lot lines and as also (.lescribed in (.'ondition lt\ above. ('Designation and dcilication of drainage easement over detention areas and drainage areas. I). Designation of private road as an outlot. E. Dedication of right.s-of-way for Old Crystal Bay Road and Watertown Road. Rage 4 of 6 CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 8A01_ F Dedication bv deed of a trail easement as shown on the preliminar\ plan of the four lot subdivision if applicant and current owner have not alrcady dedicatcd this to the City. G. Naming of plat. 2. Legal documents required: A Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. C n The applicant must provide certified copies of all recorded ca.scments currently affecting the property. Siened and executed Drainage I-asemenls to be taken over retention areas and drainageways within plat (.see sampic enclosed). Signed and executed Developer's Agreement and Letter of Credit for site improvements and construction of private road (see sample enclosed). Signed and executed Road and Utility Ea.sement over private road outlot (see sample enclosed). Signed and executed Declaration of Private Covenants covering upkeep and maintenance of private road cul-de-sac and drainage facility (see sample enclosed). Lot 4 shall share in the cost of the upgrading of the drainage facilities but not private road. Completed application for private road name. Please note the selection of the road name is a separate action of the Council and should be submitted as soon as applicant has completed the selection of three choices ot names (see sample enclosed). Completed private covenant for lots involved with protected wetlands not included within Conservation Maps of City and mitigation areas. Page 5 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 6 01 Covenants should include map and metes and bounds descriptions Covenants should be in a form suitable for filing. } 'I 3. Fees to be paid: Total due: $375.00 A. B. Final plat fee $175.00 Legal review and filing fees for subdivision and as.sociated documents = $200.00 C. *Park dedication fee. The Park Commi.ssion has recctnmendcd that the area of the bike trail easement be deducted from the S% land dedication. The park fee to be based on adjusted area. C^jned tp affjrtp Piil^ Commission recommendation. .Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 11th day of September. 1995. /VnHST: 7 I lin. City Clerk / ----i----C .—. ^•'dward J. Callahan, Jr.. Mayor STATE OF MINNESOT.A • ) ss. COUNTY OF IIENNF.riN ) • , i i r The foregoing instrument was acknowledged before me on this 11th ilay ol Sentember 1995 bv Edward J. Callahan. Jr. & Dorothy .M. Halim. May.ir & City Clerk of the City of Orono, a Nl'innesota municipal corporation and said instrumcni was executed on behait of the Citv. LINDA S. VEE NOTARY PUSUC-MINNESOM HENNEPIN COUNTY My Commission Esures Jaa 31.2000 J J . c Notary Public Page 6 of 6 • » • o V' I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S ^ 0 ^______ EXKIBI‘^rp Co.Tiuienci nc at tne Scut.iwest co'*ne' of *r.® Soutneast ouar .e' tni''tv-tnrs‘r (33-. Townsit one ru,nOreC •sion*. eeri « W f Section R a n 0 e “wenty-tTree (<f3 west t r. e : t ■ » - Lfie west ::ne uf sc;C Souineast J U o ■'Te” '‘Da.r- •et- «3i n ’j i eS to saiG wcSt line ••/••.c/re: . t n r ri 0 r a j u * r West ’ ’ n ^to tTc iuut.”. iine of sale sect!on t n:rty- Wes:a i uric saic scotr. : i Mt to :■i C C T . ‘ oe c ng . » 'w ' • :f:e^ce Nortr. alunu trien<: r last it ^ c; . e ; « ! t n s .i; : -ee iSSi; tnence •it.o (.f) o^ o ~ o o □ <i or I hj hO O H' A ( o <r r>i CO 6 O <r 111 ( O ■ - W««#irfte/ Si%, 8C«. 19 PII HERMAN ADDITION ^ rfyVayft *«i^5g,3^Ji 474.6 7 *n A I IIR T 0 W l\i S UD.SOB. NO 230 Cl ROAD 5HW V. V, 0L.D CRYSTAL BAY ROAD ADDI \r\ vi \KJ V 100 0 SiTinriT. too :foo CCUNCILMSTINI OCT ? 3 1995 REQUEST FOR COUNCa ACTION DATK: October 18. 1995 ITEM NO.:7. IDepaitment Api»t)val: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reriewed:Agenda Section: Zoning Item Description: #2041 Phillip and Darcy Ono, 4116 Highwo^d Road - AIter-ihc-I*act Conditional Use Permit - Resolution Appiication: Applicant excavated approximately 200 cubic yards ot till from tiic front yard and placed the excess material within the east side yard and rear of property. The excavations were not authorized under the building permit issued for the new residential construction nor under Variance Application #1920 approved by the City in May of 1994. Tl« application was reviewed at both the July and October meetings of the Planning Commission. Pertinent Ordinances 1.Section 10.03, Subd. 19 - Conditional use permit is required for excavation and filling activities in excess ot 100 cubic yards. Section 10.22, Subd. 2 75-250' setback area = 1,500 s.f. .Allowed = 375 s.f. or 25% Existing = 325 s.f. or 21.6% 250-500' setback area = 15.388 s.f. Allowed = 4.616.4 s.t. or 30% Existing = 1.788 s.t. or 11.55% List of Exhibits A - Application B C D E F G H I Applicant's .Addendum Property Owners' List Plat Map Survey/Siie PEn Approved with Building Permit Applicam Sketch of Approved Plan Applicant’s Sketch of Amended Plan Amended Site Plan for Current Review Planning Commission Minutes 7/17/95 Request tor Council Action continued page 2 October 18. 1995 Zoning File #2041 Phillip and Darcy Ono. 4116 High wood Road J • K*l K-2 L • M N • O P Resolution No. 3431 Approving Application #1920 Gustafson Report 7/7/95 Gustafson Report 9/27/95 Topographic Map - Drainage Pattern Second Amendment of Drainage Plan - Roof Drainage aiKl Final Elevations tor Side and Rear Yards Elevation of Interlocking Block Wall Elevations of Residence Otto Letter 9/13/95 Requesting Scheduling at Council Meeting of 10/23/95 Brief Review of Application In May 1994. the City approved lot width, street and side setback variances to permit construction of the residence on the undeveloped property. Review E.xhibit E, the site plan approved with the building permit and the variance application The City acknowledged that there would be severe cuts into the hicher elevations in the street yard with the placement ot garage doors facing the street. The variance resolution specifically asked for detailed grading plans with building permit. Review Exhibit B. applicant notes inability to maneuver or back out car trom west garage stall and backing out onto public road was unsafe. Safety was their prime concern with the backing out onto lllghwood Road, a busy and substandard public roadway. Applicant's addendum also noted the need to excavate into the steeper elevations within the tront yard because of the installation of the well. With the deeper cuts into higher elevations in the ‘ .nt yard, applicant's contractor installed a two-tiered retaining wall (approximate height of each wall is 4') located VA- 4' from the west side yard. Applicant created a second curb cut in another attempt to improve ingress and egress at property. Gerhardson has approved the second curb cut based on the improved safety. The applicant was asked to tile for the conditional use pennit to cover the unauthorized land alterations within the front yard. The City F.nuineer has reviewed the iastallatu'n and '>recitications on the interlocking block retaining wall and has approved wall as constructed. The final (trading plan. E.xhibit M. has addressed all other concerns raised by the Planning Commissio'^n and die City Engineer in their first review. E.xhibit I. Request for Council Action continued page 3 October 18. 1995 Zoning File #2041 Phillip and Darcy Otto. 4116 Highwood Road The perilling cf drainage within the sfect yard has been addressed by applicant placing gutters and downspouts on residence. The downspouts tic into draintile aU>ng the west side and along the street or south side downspouts direct drainage to a trench drain The trench drain connects to a draintile that cvenruaily drains to an outlet in the rear yard. Final grades along the east side yard are shown at 1 slopes. The banks will be planted with Crown Vetch and then covered and staked with curlex erosion control blanket. All land alterations are kept out ot the neighboring propertv' to the east. All drainage from the residence structure will he directed to the north or rear of the property. Review Exhibit L, Glenn Sauer, the owner of the property located at 4104 Highwood Road, advised the Planning Commission that he was concerned that the additional fill being placed within the watershed would have a potential impact on his property. The City Engineer was asked to review' this matter and reported that the propi>sed grading would have no perceptible impact upon the retention area within Mr. Sauer’s property. Mr. Sauer was copied on the City Engineer s report. The City staff has heard no further trorn Mr. Sauer nor did .Mr. Sauer appear before the Planning Commission at their October 16th meeting. Planning Commission Recommendation To approve the after-the-fact conditional use permit for Phillip and Darcy Otto for the property located at 4116 Ilighwoixl Road involving land alterations not authorized under a building permit for the new construction. The land alteration involved the removal and placement of approximately 200 cubic yards of earth on the property, the installation of two tiered reiaimng walls located approximately 4’ from the west side lot line and creation of a second curb cut on the property. Approval of this conditional use permit is based on the following findings: 1. The final grading plan approved by the City Engineer has been found to have no impact on the adjacent properties as a result of the furiher excavation of the street yard and the placement of the additional fill to the side and rear of the residence. 2 John Gerliardson has reviewed the second curb cut and approved the location and use of the second curb cut finding an improvement in safety based on the narrowness of Highwood Road and the number of dwelling units served by the roadway. 3. Land alteraiiom will not involve or encroach the adjacent property to the east. 4. The proposed additional fill placed within the north yard of the property will not impact the stormwater facility installed to the east. ReqiKSt for Council Aaion continued page 4 October 18, 1995 Zoning File #2041 Phillip and Darcy Otto. 4116 Highwood Road planning Commission’s approval was subject to the tollowing conditions: a.It shall be the responsibility of the ossner and owner’s contractor to arrange for an inspection by the City Engineer at the following stages ot restoration: 1) Upon completion of all grading before seed blanket is installed; the Engineer to also review island area in street yard. 2)Upon completion of the seeding and final drainage improvements (downspout tie-ins to draintiles and trench drain). b.Applicant is hereby advised that boats on trailers are not to be stored within area of the second curb cut that has been specifically approved in order to provide safe ingress and egress from property, not as an additional parking stall for the boat. The enclosed approval resolution has been drafted per the Planning Commission’s unanimous recommendation ot approval. COUNCIL ACTIO.N REQLTSTED: To either amend or approve the enclosed resolution J r A RESOIAJTION GRANTING A CONDITIONAL LSE PERMIT PER MI NTCIPAL ZONING CODE SECTION 10.03. SUBDIVISION l‘> FILE NO. 2041 WHEREAS, Phillip M. Otto (hereinafter the '’applicant ”) is the cnsner of the property located at 4116 High%\cx)d Road within the Citv of Orono (hereinal'tcr "Cit> ”) and legally desenbed as follows: refer to Exhibit A, attached (hereinafter "property”); and WHEREAS, the applicant has applied to the City for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 14 to permit the excavation and tilling of 200 cubic yards of earth within the property. These land alterations were not authonzed under a building permit issued for new residential construction. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS 1. This application was reviewed as Zoning File filOA 1 . ITie property is located in the LR-l B l.akcshore Residential Zoning District requiring one acre or 43.560 s.l. in area. The property consists of 16.888 s.f. or .34 acres. y.On July 17, 1495 and October 16. 1945, the Orono Planning Commission reviewed the applicatit>n as amended and recommended approval based on the following findings: a.Final grading plan and drainage facilities as approved by the City Engineer have been found to have no negative impact upon the adjacent properties as a result of the further excavation of the street yard and the placement ot the additional fill to the side and rear viird of the residence. Page I of 6 b. c. d. e. The Public Works Director has reviewed the second curb cut at the southwest comer of the propertv' and appro\ed the location and use ot a second curb cut finding an improvement in safety based on the narrowness ot Highwood Road and the number of dwelling units served by this substandard roadway. Land alterations will not involve or encroach the adjacent property to the east. The two-tiered interlocking block retaining wull located 4‘ from the west side lot line has been installed i:)er the specifications ol the manufacturer providing for the treatment of drainage to the rear of the walls. Proposed till placed within the north yard of the property will not impact the stormwater facility installed to the east. 4. The City Council finds that granting a conditional use permit to allow the excavation and filling of 20U cubic yards of soil within this property will not be detrimental to the health, safety or gen Tal welfare of the public, would not adversely atfeci light, air nor pose a fire hazaru or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use ot 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 recomm.endations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the propo.sed variance on the health, satety and welfare of the community. rONCU SIONS, ORDFR AND CONDITIONS Based upon one or more i>f the abov e findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03. Subdivision 10 to permit land alterations as shown on the enclosed grading and drainage plan included as Page___of this resolution, subject to the following conditions: Page 2 of 6 1. ATTEST: It shall be the responsibilit> of the applicant and owner to arrange for an inspection bv the Orono City Engineci at the following stages ot restoration: Upon completion of all grading, this shall also include the island area in the street yard, before seed blanket is installed. b.Upon completion of the seeding and final drainage improvements (dow7isp<'iut tie-ins to draintiles ;ind trench drain). Applicant is hereby advised that second curb cut approved by the Cit>- to provide safe inttress and egress from oroperty shall not be used for the parking ot vehicles or boats. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned 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 recordinu of this resolution in the Chain of Title of the property. .Adopted by the Orono City Council on this 23rd day of October, 1995. Dorothv M. Hallin, City Clerk Edward J. Callahan. Jr.. Mayor Property Ownerts) Page 3 of 6 1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd da\ ot October. 1995 by Edwurd 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 ot the City. Notarv Public ss. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this_____day of____________ and for said County, personally appeared _________________________ „ ______________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ,199 , before me a Notary Public within Notarv Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this dav of .199 . before me a Notarv 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 acknowledced that he (they) executed the same as his (their) free act and deed. Notarv Public Page 4 of 6 I ' M # . .V, «g CITY OF ORONO - GENERAL LAND LSE APPLICATION ^ :;lo /f PROPERTY LOCATION applicant ■ Ci -ho _ O^MVER (if different than applicant) Name ________________ Phone (home) Phone (work) Address Cit\'Zip DatePropeny Acquired i*-i ,c.qc I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS S 50.00 For each variance request win CLP application 5125.00 Residential Accessory Use 5200.00 Institutional (church, school, etc.) 51 75.00 Guest House.'Guest Apartments 5150.00 Duple.x CrediPBldg ^S250.00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and tilling - 101 cu. yd. or more ".Grading, seawall, retaimng walls within 75 ’ ot lakcshore pjRD/PID - see Fee Schedule- see tee ... I V SKX) 00 Renewal Fee (no change from original application) After-the-Faci Fee - Double Current Appi’caiion Fee OTHER .APPLICATIONS $200.00 Commercial Site Plan Review (-r consultant tees) $250.00 Vacation ~ $175.00 Easement Vacation S 75.00 Easement Vacation With Subdivision $300.00 Rezoning (PUD - reier to tee schedule) 53()0.(X) 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) w *.w -/T crrrr • u'f t .A u U .1 . W'vvvv * •. •./ •A CCJt f l.* » ruerk’ U Irur.-v ■ ■ 0 ■■^\J\/ » if •-1 te • i i . U* • ■v‘: v.Cir ‘ ” ‘"-•V m . . * . .’vTC w' -* w* V'a ? •, t ' i r Pr y//<^ Otoners: L>h.//'P Of-/-c ha.re(j -r- O-f-T'O l^\ h / P-ppi'CCJLpfC^ f/Jc' 44- O 4 i ^; IT iuall,. t^rc/c^ crtf-71^^ Pi ic t'x/ ^ (^rctctcLa / S/nro fc c/arci O. 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W'^ 4■ ■L' ,4^S’-.' *••' ' .■.'■■jtkfAnn ^ WHOt AUm NAME ’•4H|)9AYtll i§m M 07-U7-M 44 003S 041M NI6HH000 iO D a 0 0AXTERDAVID C A4IEBRA J BAXTER 410B HIONNOOO ROAD NOUND m SBS44 SB 07-U7-tS 44 DOST OOBSB AOORE» UNASSIGNEO JANES H CLEARY JANES CLEARY 4109 NORTH SHORE OR NOUND m 5SSA4 HETtCPIN COUNTY PROPERTY INFOMUTION SYSTeN PROPERTY OMCRS LISTISB 07-117-2S 44 00S> OOOSB ADDRESS UNASSIGNEO JANES N CLEARY JANES CLEARY 4109 NORTH SHORE DR MOUND tt« S5SA4 SB 07-117-2S 44 OOSl OOOSB ADDRESS UNASSIGNED JANES I TOUVE JUNE TOUVE 17216 PETERBtmG RO EDEN PRAIRIE MN S5S94 REPORT NO. PI4S5401 PACE 20SB 07-117-2S 44 OOSB 04109 NORTH SNORE OR JAMES H CLEARY JANES CLEARY 4109 NORTH S»<^ OR HOUND NN 55S64 SO 07-117-2S 44 0:>52 04140 NORTH SHORE OR RANDY H ALBRECHT RAMIY ALBRECHT 4140 NORTH SHORE DR HOUND m 55364 ^ 'kPIlOP AOORr nans IIanpayer !/AODR '■ j'v AODR R NAm AXPAYER :/AOOR ^4- • . >ROP AOOR /AOOR • PROP AOOR >i^;4PWfR NAME SB 07-117-2S 44 005S OOOSB ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PARK A RECREATION S/2S/BB STATE DEE0R169392 SB 07-117-23 44 0056 OOOSB ADDRESS UNASSIGNEO HEtMEPIN FORFEITED LAND CITY OF ORONO PARK 4/IS/79 ST DEED 1S675S SB 07-117-23 44 0059 OOOSB ADDRESS L»4A3SIGNED HE^t4EPIN FORFEITED LAND CITY OF ORONO PARK I RECREATION S/26/BB STATE DEEOR169392 38 07-117-23 44 0074 00038 ADDRESS UNASSIOIED VIL OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55359 > • .* ‘ w I t. SB 07-117-23 44 0054 OOOSB ADDRESS UNASSIGNEO HEFMEPIN FORFEITED LAND CITY OF ORONO PARK A RECREATION 5/25/88 STATE 0EE0I169S92 38 07-117-23 44 0057 C0036 ADDRESS UNASSIGNEO STATE OF MINFttSOTA STATE OF MIFM 38 07-117-23 44 0062 04056 NORTH SHORE DR MARILYN J RENO MARILYN J RENO 4056 NORTH SHORE DR MOUND MN 55364 38 07-117-23 44 0076 04051 HIGHHOOO RD E A VONGRICS ET AL TRUSTEES ALEXANDER A EDITH VONGRIES 4051 HIGHHOOO RD MOUND MN 55364 58 07-117-25 44 0055 00058 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PARK A RECREATION 3/25/88 STATE DEED 9169392 58 07-117-23 44 0058 00038 ADDRESS UNASSI»4ED HEr#4EPiN FORFEITED LAND CITY OF ORONO PARK 10/17/60 ST DEED 139148 38 07-117-2S 44 0065 04044 NORTH SHORE DR GREGORY N PRICE GREGORY N PRICE 4040 NORTH SHORE OR HAYZATA MN 55391 38 07-117-23 44 0077 04041 NORTH SHORE DR DAS MCCURDY DALE J MCCURDY 4041 NORTH SHORE OR MOUND MN 55364 ro .V iiX A fv XT' Mli?C ''?rf;St^.07-U7-tS 44400H -'IffV^i * i ' I ..ssni!i’eouKTY pit»invi THtMWtm systthPmfCIITY OHNEK LISTi» i y w£i'--.*•OOOfCHP7S N16NN00D RO R $ PRXHNON i S i PROeHMON RCMRT S I SARAN R PROCHKDH 407S HXQHNOOO RO t % rf «0MI ' UNA*wm 51; iffSCuf: AYw:IW1f/AW» >• ^ i.£ ;••■ ^l^ «, • t l•''07-U7-^I 44 0012 040t4 NXGHNOOO RO 0 L^t R NELSON AUMEO 0 SERAN XIX 4044 HI6HHQOD RD HOUND HN 65S44 SO 07-117-2S 44 0015 04104 HXOKNOOO RO MM6E N APPLEOAUH MOflOt APPLEOAUH n04 HXOHHOOO RD rpJNO HN 55564 » irv AOOH A NAME AVer /AOpR j.' L-w*..:£ i pop'ADOR R NAHE AXPAYER " N^;^AD9R ' > a^Dono >nr/jlffROP ADOR (: ^ntcR nahe jJifAXPAYIR . VAODRw,. M 07-U7-2S 44 0020 04147 HIGW«)00 RD HERLIN L HALVERSON HEREIN L HALVERSON 4175 HI6HN00D RO MXMP rt< 5S364 50 07-117-23 44 0026 04174 HICHHOOO RO HO DEVAAN ALE OEVAAN 0 D DEVAAN I J T THACKER 4174 HI6HHOOD RO HOUND MN 55364 30 07-117-23 44 0029 04140 HICHHOOO PD JANET L EIOE JANET L EIOE 4140 HICHHOOO RO HOUND MN 55164 "Lt 'SO 07-117-25 44 0010 04074 ' HI6KN000 RD JOHN T SANBORN ETAL J T SANBORN 4074 HXGNHOOO RO MOUND rt4 55564 A' 5B 07-117-25 44 0015 04101 HXOHHOOO RO* EVA THEOBALD EVA A THEOBALD * 4X01 HXGHNOOO ROAD mound HN 55564 58 07-117-25 44 0018 04144 HIGHNOOO RO LARRY N KARKELA LARRY N KARKELA 4144 HXGIBCOO Rif MOUND MN 55564 58 07-117-25 44 0021 04175 HIGHNOOO RD MERLIN L HALVERSON MERLIN L HALVERSON 4175 HI6HHOOO RO MOUND MN 55564 58 07-117-25 44 0027 04166 HIGHHOOO RO H I L DEVAAN HERBERT A LORETTA DEVAAN 17605 SUSAN DR MIhf4ET0NKA MT4 55545 58 07-117-25 44 0050 04140 HIGHHOOO RD J 0 CUSACK ACM GRACE C GRACE A J CUSACK 4140 HIGHHOOO RO MOUND MN 55564 • » .■ •I- 8‘ . REPORT NO. PX455401 PAGE 1458 07-117-21 44 0011 04041 HIGI#«X)0 RO F I JOHNSON A 0 L FOSS FREDERIC JOHNS'^4041 HIGHHOOO HU MOUND MN 55564 58 07-117-25 44 0014 04105 HIGmOOO RD CHARLES E DA MART N2LLXAM 0 DRICKLEY 4105 HIGHNOOO MOUND MN 55564 58 07-117-25 44 0014 04156 HIGHHOOO RO FRANCES H HILSON JOHN F TESAR 4156 HIGHHOOO RD R 1 MOUND MN 55564 58 07-117-25 44 0022 0414S HIGHHOOO RO M A FINNEY A S J FINNEY HARK A SARA FINT4EY . 4195 HIGHHOOO RO MOUND MN 55564 38 07-117-25 44 0028 04150 HIGHHOOO RD TOrU D GRAN03TRAND TONI 8 GRANOSTRANO 4150 HIGHHOOO RO ORONO HN 55564 58 07-117-25 44 0051 04152 HIGHHOOO pD SCOTT G A CATHERINE ANDERSON SCOTT O A CATHERINE ANDERSON 4152 HIGHHOOO ROAD MOUND MN 55564 11 ■» ■ J •i.. j I • * ^4 « .4 « 4 .•V' 4 I I, i. • r ( 4l • • •f • *. -* •• ‘’I-. *: «'Wk' i:r> N OATf Hni/nI!t»‘ ■• •• •>'ttHf07 HEfMEPIN COUfTY VAOKRTV ZNFOIMAnCM SYSTEMwwpehty o»€rs list .•' 1 * ‘ ^Wi St t7-117-ES 44 OMS OlfSS HI6HN00Q LA ■RICK 6 • LAURIE S CELMS ►AYER * ERICK 0 g LAURIE S CEU« XSSf MIQMMOQO Uw;f®« ks*4' i* ii-*' »,■* • t . ■. • I r.i AOOR TAXPAYER ?j|^/AtOR wA- •. • i ^i V\ ‘ r''.f.' ' St 07>II7-» 44 0084 0A104 NIONMOQO RD 8LEH • BEVERLY SAUER BLEN A BEVERLY SAUER 4104 HIOBKXM) RO MOUND HN 65344 'tV: ir< * • V.. • ^ / 4. • » • : CT ?,v i ■*. i r T’ ^ r. y • 'a- • ' i’ .W ‘ V. .-. •. *•' ‘ I V I ^ ,.'y .) i'Jf: ■i;:- .v«.. -a": '-V' ^ ■ r-., jyjf;.’-■ •*• •'*•■ <’v ■ * 1^ > ^ » f. .av ••[; V’’ ..jrvii. ^fehv''-^!rN''|s' ■J t REPORT NO. PI4S5401 PACE 21St 07-117-23 44 0004 04IES H16HH0Q0 RO JOHN H A ROBERTA J HENRICN JOHN N « ROBERTA J ISNRICN 412S NIONNOOO RO - ORONO HN SSS44 ' 38 07-I17-2S 44 0087 04114 HICHHOOO RO PHILLIP H OTTO PHILLIP OTTO 19050 STRATFORD RO 8209 HlttCTOMCA m 55345 4'' • . Piv*38 07-117-23 44 0085 04044 NORTH SHORE OR OAVOI N JONES DAVIO H JONES 4044 NORTH SHORE OR mound HN 55344 TOTAL BATCH 507 00041 LSDcIcfJI.Ir*^ represented are an accurate and TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS DATE by■r—, ^ 7 f• • -• I O li ^ ^ * • ? » ‘ • S * I •’ 4? ,ri»* • •• -j; - rfi' : ij?,: CERTIFK PHI OF LOTS 39 fc 4 HENNEPI LhGAL DtSCKIPTiON UK PREMIStb: ihat part ut lot 38. Highwi dS follows; Comnioncing at the LuC, tlience Sou thwes ter I y aloM<: said lot a distdiice of 90 feet the property beiny descfiucd, ‘ degrees a distance of b,2 feet degrees to said boutheasterIy the puint of beginning, accurdj file or of record in the office in and for Said County. ALSO That part of Lot AU. Higriwu Southwesterly of the line drawn westerly line of said lot. dist ’ f Oil! the Southwest corner of Sa Host Southeaster Iy line of SalO easterly from said buutf'west lo thereof on file or of "ecurd in of Titles in and fur said Count also Lot 39. Highwood, Lak;** Minn* IhMreof on file or or record in of Titles in and for saio Cuuiil ALSO Lot 43. Highwood Lake Minnetonk This survey intends tu show the described propnrly. It does nut iMpruveine ** j or uachmuiiLS • • M r*«%«I UdLutii: Mean sea level u : Iron marker Bearings shown are based upori a< — ^Mf/ r E / r. / >.M- 3 a Om /^vrfv rrwm' c<rc>‘'i»J 'Je'li-*' c<?\/ti»ec» c-vne^i^ co^ifr^t^ f,o-»V-c»f A»V <7^vK-c<? t*' «*J n>-c<^ f v ITT f-r ^ •:•: ♦^^.If i» ( , I , 1 I II, I, ,, l.l (-• I I lI..'J.jj 11.1 f#t1r>c:r ->nrf ^ '15P rnurttzrjtajtttmmtiuBsijrufttjLf UB ui irt-lit-H WJ! 1C,4 5 cC^v ‘I 5*< *» ^t>i iiirr* rriiitp':/- i 14L»|' - i n * t -5t^^ r; - rfMU^U^ t^JwfXrTwJ V^VA^ |v) VAlH/ A( ■ j»r%M WOX^' |\r w>Alr ViW\XJtK > U y V r> MNX^^10M cr%)\T-^r. \<r»MAT • C4^oOf Jt> Ait^ '^r i y*y 6 MINXTTES OF THE ORONO PLANNING CONpUSSION MEETING HELD ON JLT.Y 17, 1995 7 (#9 - #2040 Doug Olson - Continued) Mabusth noted that the peninsula shape of the lot places major portions of property within the 0-75’ zone. Lindquist said any consideration by the applicant to remove the stepping stones to the dock would be appreciated. Smith moved, Lindquist seconded, to approve Application f?2040 for the removal and replacement of the concrete pad around the pool v.iih the removal ot 63 s f ot stones i 170 s f of patio concrete to be replaced with grass. Ayes 3, Nays I, Row ette ay^ Rowlette's recommendation is tor ail the stepping stones to be removed. Smith said he will make that recommendation to the Olson's and amend the application approv is given. #2041 PHTI. AND DARCY OTTO, 4116 HIGHNVOOD ROAD - AFTER- fm-^ACT C^DITIONAL USE PERMIT - PUBLIC HEARING 9:16-9:43 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Mr. & .Mrs Otto were present. Mabusth reported that sirading plans had been approved with the building pemyt. Throuoh the process in working within the steep banks in front of residence, additional cuts were made which will require additional and higher retaining walls The area was e.\cavated fiirther than originally proposed when the structure was erected and weU installed. The Engineer has reviewed the specifications for retaining walls and accepted them Drainage tiles to rear of wall were noted and drained to the rear ot the property^ A second curb cut was created with an island for safety reasons. Gerhardson approved the curb cut Smith asked if the direction of the wall was changed and taken by the initiative ot the anplicant Otto said he had thoukdit the well people had contacted the City Mabusth said tie City has no authority to issue permits for wells This was the responsibility ot the applicant Rowlette noted that the applicant had commented to her when she visited the oropenv that the house was not placed in the envelope as onginally specined The house placement was skewered by the guidelines of the setback. The onginal placement made the entry into the garage difficult and the exit impossible. Lindquist commented that the two curb cuts seemed to make sense. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JULY 17, 1995 (#10 - #2041 Phil & Darcy Otto - Continued) Mabusth said additional fill firora the excavation was placed in the rear yard. The Otto s are attempting to provided a gentler slope to the rear yard. The problem at the east side has been intensified. The problem now is how to deal with the finished elevations at the east yard at 15’ width and maintain 2i 1 slope, and also allow walking access to rear yard. Mabusth said it would be necessary to contact the property- owner to the east to gain approval of any encroachment. The property is possibly in the in the process of going ta.\ forfeit. Mabusth said detail on elevations, catch basins, and final ^ades are needed. Planning Commission is unable to make any- further recommendations until the criteria established engineer is add* .-sed. Mabusth asked the Commission if they prefer to revisit the application prior u joing to the Council. The landscaping plan would be done at that point. The Comr« ..sion had no problem with the application going forward if it met the criteria of the Engineer. It was recommended that the landscape architect work with the City Engineer. Glen Sauer of 4104 Highwood reported his concern with drainage fi-om this lot exceeding the capacity of the ditch and retaining pond on his property. Sauer does not want this property to further impact his yard. Pictures fi-om heavy rains in 1978 and 1987 were shown to emphasize the problems. Sauer said he was concerned with the filling in the Otto's back yard and the change in the slope in that area. It is Sauer's opinion that how fast the drainage flows does not matter. Sauer says it all will eventually go through the 20' culvert with 8" tiles. He does not want any fill to hamper any of the retention areas. It was noted that the gentler slope may aid in water seeping down into the ground of the Otto property. Mabusth said the fill and sod should decrease the velocity of the flow Sauer said there is no more storage capacity available. Mabusth said she would have Glenn Cook review the drainage issue witii Shawn Gustafson. Cook is familiar with the drainage history of the area. The Planning Commissioners said this further mformation will need to be studied. Lindquist moved, Berg seconded, to table Application #2041 for funher engineering review by City Engineer Cook. Planning Commission would like to receive confirmation on what will occur to the retention areas further downstream. Ayes 4, Nays 0. 12 I CITY of ORONO RESOLUTION OF THE CITV' COL’NOL NO. Aili___ A RESOLUTION GRANTING VARLVNCES TO MUNICIPAL ZONLNG CODE SECTION 10.25, SUBDIVISION 5 (B) FILE NO. 1920 WHEREAS, Phillip M. Otto (hereinafter "the applicant") is the owner of the property located at 4116 Highwood Road within the City of Orono (hereinafter "the City") and legally described as follows; refer to Exhibit A. attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25. Subdivision 5 (B) to permit the construction of a new residence that will be placed 14’ from the street lot line where a 35' setback is required and j from the west side lot line where a 10’ setback is required on a property that measures SO’ in width where 140 width is required and where the area of the lot is 16.888 s.f. where 43.560 s.f. is required. Minnesota: NOW, THE1H£F0RE, BE IT RESOLVED by the City Council of Orono. FINDINGS This application was reviewed as Zoning File it 1920. The property is h-ated ir the LR-IB Lakeshore Residential Zoning District requiring one acn. or 43.560 s.f. in area. The property consists of 16.888 s.t. or .39 acres. The Orono Planninc Commission reviewed this application on April 18. 1994 and recommended unar^imous approval of the proposed variances based upon the following findings; A. The property is served with sewer. Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .S 4 3J_____ B. C. D. E. A residence had existed on the property for over 40 years until it was destroyed in a fire in 1989. The size and width of the lot is consistent with other properties within the Highwood Road neighborhood. The original residence was located 13* from the street lot line and 3’ from the west side lot line. The new principal structure will be located 23’ from the street lot line and a deck 14’ from the street lot line and 3’ from the west stde lot line. 4 The Citv Council finds that the conditions existing on this property are Peculiar to it and do not apply generally to other property in this zoning district, that . granting the variances would not adversely affect traffic conditions ight. air nor pose a'fire hazard or other danger to neighboring property; would not merely Lrve as a convenience to the applicant, but is necessary to a lev,ate a demonstrable hardship or difficulty: is necessary to preserve a substantial proper^ right of the applicant; and would be in keeping with the spirit and intent ot the Zoning Code and Comprehensive Plan of the Citv. ^ The Citv Council has considered this application including the findings and recommindations of the Planning Commission, reports by by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLLSIONS, ORDER .VND CONDI 1 IONS Based upon one or more of Ihe Undines noted above, the Orono City Council n os in Munic’pal 7oninc Code Section 10.25. Subdivision 5 iB) to permit hereby grants a lot area variance of 26.672 s.f. or 61%. a lot the constraction ot a ne.v resrf q ^ width variance ot 60 or 4J c. a sireei .ciluc variance of 7* or 70%, subject to the following conditions. Page 2 of 4 rv«wos oi« [ - CITY of ORONO RESOLLTION OF THE Cm' COUNCII. NO. Q ^ ^ ^ ----- 1. 2. 3. 4. Lots 39 snd 43. H.shwootl Utk= Minnetonka shall be legally combined prior to the City issuing a building peraut for the new construction. Applicant to provide detaUed grading and drainage plans with 4FPlK4t.cn tor bu'^^Wina permit to ensure drainage follows e.x.sting pattern and to address the stabilriation of all disturbed higher elevations withui street yard. All improvements of this propeiry shall be limited to 305 hardcover. Authorities granted bv this resolution tun with the property not with the applicant, but are permissive onlv and must be e.tercised by application lot a building permit within one year of Jhe date of Council approval, or this variance will expire on that date (May 2j, 1995). s ■ Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zomng code shall automatically terminaie any authonty granted herein, and shall be punishable as a misdemeanor. 6 The undersigned applicant has read, understood and hereby agrees to the terms “resolution and on behalf of lumself. his hmrs, successors and assigns hereby agrees to Lhe recording of this resolution in the Cham of Title or property. .Adopied by the Ciri Council of the Ciri of Orono, Minnesota at a regular meeting held on the 23rd day of May. 1994. CITY of ORONO resolution of the cm’ council NO. ---------- STATE OF MINNESOTA ) ) ss. "SS.’—. Civ,'. CAROLE A. HASEMAN Msnurf pu«tc-t<»«e»;* HENNEPIN COUNTY MY COI4M;«ON Notao' Public STATE OF MINNESOTA ) ) ss. . 199^ before me a .Notary Public within ... ________________________________________________ andfors3idcount>-.personally ’“Pf '£d executed ihe foregoing mstrument.and =1S".“ ".SSS'E™...» -» - CAROLE A. HASEMAN Nor/kor PUMX —mm«e30ta HENNEPIN COUNTY MV COMMISSION EXPIRES t.^M Or? >, not .ary public ST.ATE OF MlNNESOT.\ ) ) ss. COUNTY OF HENNEPIN _) On this bay of . 199__ before me a Notary Public withm actaowiedged drat he (they) executed uhe saxe as notary public Page 4 of 4 ?—4T1 • I J/]l Bonestroo Rosene Anderlik& \\\\ Associates Engineers & Architects July 7, 1995 i P >« ^ I <»*•4- ,f 4 -1.^ •p«r* • ^ ' -.*4* 4^*- • *f *••*.•• W .-' .-»• 'g ' .**41 g • r“*^ ^ •.- .* ^ f Q •♦• *1 . ‘ .• gie- - . ’ ^ • tr C <«'kA4rs • - '-• • «..«i 4 > .t*e- A e Stp¥^0 Uii^^ '* •ttSer C »-4se* ' • ,#rn 4 iiswr^rw g A f4ir«t9r ■€ ’t •- j . i Pi •- :-rM T A»>ar'sc^ * * :: C Sw»o^3T ®€ A ■ *%o -Mf ., >•.. •••. .' • * - ^ • ' *, <• • • C- •#» . "f »*£ •*••. ? ;:rj 4^a.?*^ • »»f '.*A • ' M .•at* ^ ^ JT M0r<en »*f ’ «w< . uflnnor a ; a 3 •>.€« i CAg*^ton ■! 4 * Ct *f o 1 *f • • wt D AAtiiS Af • * T* J • *'•» c Ar»#n»»r "f :<•» 0 •' %•)»H 9^ <r « QmgP *9 Ae-r* « PIP *f 0OM|>A« / •! Cf< •<) 0«rtMt* *f » M i f4fy#« »i Aff*** • 7»cun ®l 9«n D •9VC4TT Pf ' £*^'nge* ' ? .<n«OP t pt iW M »f C’'<r*ei * £'• •»-^ .fN> VI *AiA^»S«¥ -AT V* - . *.|nei V P.ng * S*\3e *^.«rr' i Ms. Jeanne Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, .Minnesota 55323 Rc: Otto Residence File No. 139-2041 Dear Jeanne, We have inspected the retaining wall and grading done at 4116 Highwood Road on the property owned by Phillip Otto. The grading has not been completed and presently has slopes that are too steep. .An updated grading plan should be submitted showing how the grading will be completed with slopes no greater than 3 to 1. Any slopes greater than 3 to 1 would require approved slope stabilization or retaining walls. The grading should not extend into the adjacent lot unless written permission is obtained. Gutters and downspouts should be installed to control drainage within the property. The Public Works Director should review the double access onto Highwood Road. Retaining wall specifications should be provided tor our review. Please contact me at this office if you have any questions regarding this matter. Yours verv truly. BONESTROO. ROSENE, ANDERl.IK & ASSOCIATES. INC, Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 1/1 Bonestroo MM Rosene Andertik & Associates Engineers & Architects ffyieswa tofCAc An<irtHi and Auoast^t. me it an Afflrmativa Actiorv Equal Oppartidiity Employer Ofioa PI. W RoMne. PI * C Andamfc.PI Marvin L Sarvau. PI tich^d I Tcaner . P f. (Gia««i t Coaa. PI Thomat f. May**' ^ ^ dddcft a Sct«unim. PI Sitfan M Ebanm. CPA.* * Seruof Coruuttant September 27, 1995 Ho«»ard A Sanford. Pf. Keith A Gordon.. P I toOart I Pfofftm. PM. irtchard dr fostar. PI. David O Lasiwta PI Robert C Pus see, A lA ierry A. lourdonw PI. Mart A Kansan. PI Micham T Rauonann. PI Ted K Field. P E Thomas R Anderson A.I A. iames R Roienm er tei. PI Donald C Burgardt. P E Thomas A. Syfto. PI Prederic J SrenOorg. P f »sn*aei Martmei. P E. Michael P tauL Plu Thomas W. Peterson. P I. Michael C lynch. PI kernes R MaiandL PI Jerry 0 Pertwch. P E Scoct J. Arfanel PI. Ronneth P Ander so n. I Mart R Rolfs. Pf Mart A Se<9. P E Gary W Morten. P E PaM J Cannon. AlA Damef J. Idgerton. P i. A fftet Schmidt. PE Oaie A Grove. PI PhttM J Caswell. PI Mart O Wami. Pi Viies i Jensen. P f L Phfiiip Gravel. P f Karen C ♦'•eme*!. P f. Gary O Knstofitr. PJ. ItBrian IL Cage. PI p Todd Potcar. P E. Keith R Yapp. PC Douglas J Beno it. P E Shawn O. Outtafson. P £. « Ceciha ORvier. P I Kent J. dragner. PE. Paul C. Heuer. P E ionn P Corder, P E Dan O Boyum. PI Jeffrey J Ehlermger. PI Joseph R Rhem. PI Lee M Mann. P E Charles A EricKson Leo M Paweisty Harlan M. Olson Agnes M Ring James F Engeihardt Ms. Jeanne Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Otto Residence File No. 139-2041 Dear Jeanne, Wc have reviewed the revised grading plan for the residence at 4116 Highwood Road on the property owned by Phillip Otto. The grading plan is acceptable from an engineering perspective and we would recommend approval. We have determined that the proposed grading will have no perceptible impact upon the retention area within the Glen Sauer property at 4104 Highwood Road. Please contact me at this office if you have any questions regarding this matter. Yours verv trulv. BONESTROO, ROSENE, ANDERIJK & ASSOCIATES. INC, -etc^vt Shawn D. Gustafson. P.E. / cc; Mr. & Mrs. Otto 4116 Highwood Road Orono. .MN 55364 4 \ NSTALLATION & DESIGN MANUAL * r:c.:.-r.<. V •;>%-v: •v/.; jy- »%► -• --^ ■ ' *'T vr*»v. aacHUUOOO Omtc The one-piece easy to use system jiC IXJ % i \:v I ULJ » to \— zt: ^t5- \S vV 1 IM lL I I I t ' I II' • { ! a I FT E UV M 10 U 9 p J c^LnnvL- Alc^huS'/'l'^ . X^fir-c c^j s p:, I r, - p. ■SEP i ^ Pi f/tS t a i^J£/Pi /t Ou f.’ L /-/'A/ /) /th’E pLr^/J PcK Tift /yjfyr CoUK'liL^ hAPb CC.r /Pteo IZ' p)cvt. PcpuAk-’P biftZi CccO b^cfb/K I S PAi-t-P A r£Cf-l 77:/'f C^'ZZ/ y-^/r S -'f?-'’/»'r./O 77i"t. P/ffJ /pA^ iy> ipy^P C P o XP- ■Z /uC L(-S c D ntt x<’^7 ■ c a-a/ . A'OO >.V S S'' a/<S- 9 a7< ‘; , >.'A. r/fTT-A I-' £ !'— p CX<~ A-‘S-‘r fP /f/yit-l 77-^ A A->/ " cl lii ki !c y ri'^— A X ^Idy COUNCa MEETING REQUEST FOR COUNCIL ACTION OCT 2 3 1995 DATE: October ITEM NO.: Department Approval: Name Michael P. Galfron Title Assistant Planning & Zoning Administrator Administrator Revies^cd:Agenda Section: Zoning Item Description: Permit/Variance - Resolution Zoning District: LR-IB, Single Family Lakeshore Residential, One Acre Application: Request for land alteratioaCUP and variance to construct boulder retaining xsalls and minor filling within 0-75 ’ lakeshore setback zone List of Exhibits A - Resolution B • Notice of Planning Commission Action 10/18/9^ C - Memo and Exhibits of 10/11/95 Discussion Please review the memo and exhibits of 10/11/95 and S/18/95. Drielly, applieants original requested a land alteration/'CUP and variance to excavate in the 0-75 zone to eliminate poison i^. and install boulder retaining walls at the base of the lakeshore slope as w ell as at the top ot the slope. At their August meeting, the Planning Commission tabled the application, finding no justification for the slope excavation nor the lower retaining walls at the shoreline. \nnlicams revised their proposal to include merely the boulder retaining walls at the top of the slope wl s mmor f.lling above .o create a somewhat ilaher yard area near the house and reduce surficial erosion. .\rulicants- contractor further indicated that all Itindscape fabric will be removed from the fl-75' zone leav inn just the 4' x 40' stairwav and arptoxim.ately 95 lineal teet ot new boulder walls nomuullv at a : Vidm. for a total hardcover of 352 s.f. or 3.75'. in the 0-75' zone. Planninu Commission indicated that no grading at the base of the slope or on the slope itself should le aTproved and anv plantings proposed on the slope should be accomplished without excavating the stope. Note that'the boulder walls at the top of the slope arc expected to he less Ihim . m height. % Request for Coondl Action continued page 2 of 2 October 18, 1995 Zoning File #2056 Michael and Barbara Wigley, 1035 Tonkawa Ro^____________________ Staff Recommendation The City Engineer has indicated the walls appear acceptable from an engineering standpoint. StalT concurs wth Planning Commission’s recommendation to approve the revised proposal, subject to the following conditions: 1. Boulder walls at the base of the slope are not approved. 2. Excavation of the slope itself is not approved. Proposed plantings shall be accomplished without excavation of the slope. Boulder wulls at the top of the slope and minor filling behind them in the yard area is approved subject to use of "Best Management Practices for Protecting Water Quality in Urban Areas" during the boulder wall construction process. Revegetation shall occur immediately after completion ot wall construction. Existing landscape fabric in the 0-75' zone shall be removed, resulting in final hardcover including existing stairway and new boulder walls of approximately 3.7% in the 0-75’ zone. 3. 4. A resolution is attached refiecting the above recommendation. COUNCIL ACTION REQUESTED: PROPOSED MOTION: Moved by ____. seconded by ____. to adopt Resolution No. --------- crantine a variance and conditional use permit to Michael and Barbara Wigley at 1035 Tonkawa Road for construction of boulder walls at the top of the lakeshore bank in the 0-75’ lakeshore setback zone. Vole: ___aves.navs. ! ' ►>, A RESOLUTION GRANTINC; VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.55, SUBDIVISION 8, SECTION 10.22, SUBDIVISION 2, AND SECTION 10.56, SUBDIVISION 16 (J & L), GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 2056 WHEREAS, Michael and Barbara Wigley (hereinafter the "applicanls") are owners of the property located at 1035 Tonkawa Road within the Cit>' of Orono (hereinafter "City") and legally described as follows: Lot 3, Block 1. Cariwood, Hennepin County. .Minnesota (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.55. Subdivision 8, 10.56. Subdivision 16 (J). and 10.22, Subdivision 2 to allow crading for the purpose of constructing retaining w alls within 75’ of the lake w here grading is normally prohibited, and variances to Sections 10.22, Subdivision 2 and 10.5c, Subdivision 16 (L) to allow hardcover associated with such walls within 75’ of the lake where no hardcover is normally allowed, and for a conditional use permit per Section 10.03, Subdivision 19 tor land alteration near the lakeshore. NOW, THEREFORE, BE IT R_ESOL\’ED by the City Council of Orono, Minnesota: FINDINGS 1. I’his application was reviewed as Zoning File «2056. 2. rite propeny is located in the LR-1B Single Family Lakeshore Residential Zoning District. a.The (3rono Planning Commission reviewed this application on August 21, 1995 and auain after revisions by the applicant on October 16, 1995, and recommended approval of the variances as noted above, based upon the follow ing findings: Page 1 of 5 b. Planning Commission finds no justification for the initially proposed boulder walls at the base of the lakeshore bank, and finds no justification for the proposed excavation of the lakeshore bank to remove poison i\y. Planning Commission finds that construction of a boulder retaining wall at the top of the lakeshore bank will help to prevent surficial erosion from the yard area near the house in the 0-75' zone without significant impact to the lakeshore bank nor to the existing trees and shrubs. Planning Commission finds that the proposed plantings on the slope ot the lakeshore bank are acceptable only in the context of no grading or excavation of the slope. Planning Commission finds that the existing mulched area lined with landscape fabric does not benefit from said fabric which constitutes hardcover, and therefore the fabric should be remo\ ed. Planning Commission finds that the only hardcov er appropriate for the 0-75’ lakeshore setback zone on this property is the 4’ x 40’ existing stairway and the appro.ximately 96 lineal feet ot nominally 2 wide boulder wall proposed at the top of the lakeshore bank. These noted items of hardcover constitute approximately 352 s.t. or 3.7?'o in the 0-75 zone. The City Council has considered this application including the findings and recommendations of the Planning Commission, repons by City suiff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Tlie City Council finds that granting the v ariances and conditional use pemiit per the revised propt)sal will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectiv es of the Zoning Code and Comprehensive Plan of the City. e. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances^to Municipal Zoning Code Section 10.55. Subdivision 8, 10.56, Subdivision 16 (J), and 10.22, Subdivision 2 to allow grading for the purpose of constructing retaining walls within 75’ ot the l:^e where grading is normally prohibited, and variances to Sections 10.22. SuMivision 2 and 10.>6. Subdivision 16 (L) to allow hardcover associated with such vvalls within 75 ot the lake where no hardcover is normally allowed, and grants a conditional use permit per Section 10.03. Subdivision 19 for land alteration near the lakeshore, subject to the follow ing conditions: 1, Boulder walls shall not be constnicted at the base of the slope. 2. No e.xcavation shall be allowed other than that necessar>r to accommodate boulder walls at the top of the lakeshore bank. 3.Applicants shall remove the fabric mulch liner in the 0-75' setback zone prior to construction of the boulder w alls. The only hardcover allowed in the 0-75' zone shall be the existing 4’ x 40’ stairxvay and approximately 96 lineal Icet ot nominally 2 ’ w ide boulder wall as shown on the approved site plan attached as Exhibit A. ITie applicants are advised ‘hat no additional hardcover is allowed in the 0-75’ lakeshore setback zone. Applicants and their contractor shall adhere to "Best Management Practices for Protecting Water Quality in Urban .Areas" during the process of boulder wall construction. .Authorities granted by this variance run with the propertv not with the applicants, but are permissive only and must be exercised by application for a building pcmiit within one week of the date of Council ’s approval, or the special conditions of this resolution will expire on that date (October 23. 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 lenninate anv authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 7.The undcRigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby to the recording of this resolution in the Chain ot Title ot the property. Adopted by the Orono City' Council on this 23rd day ot October, 1995. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property OtMier(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ITie foregoing instrument was acknowledged before me on this 23rd day ot October, 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 behalt ot the City. Notarv Public Pace 4 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notar>’ 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 ) day of , 199 before me a NotaryOn this_____________ Ihiblic within and for said county. personally appeared________________________________ _______________________ known to me to be the person(s) described in and who e.xecuted the foreeoini? instrument, and acknowledged that he (they) e.xecuted the same as his (their) free act and deed. NOTARY PUBUC Page 5 of 5 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO; Michael & Barbara Wigley 1035 Tonkawa Road Long Lake, MN 55356 TYPE OF APPLICATION: DATE OF xMEETING: 10/16/95 ZONING FILE ^056 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 10/18 95 COPIES TO:Matthew W. Laue 2165C Shenandoah Ct. Plymouth, MN 55447 Variance/Conditional Use Permit VOTE:5 FOR 0 AGAINST J. Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: 1. Boulder walls at the base of the slope are not approved. 2. Excavation of the slope itself is not approved. Proposed plantings shall be accomplished w ithout excavation of the slope. Boulder walls at the top of the slope and minor filling behind them in the yard area is approved subject to use of "Best Management Practices for Protecting Water Quality in Urban Areas" during the boulder wall construction process. Revegetation should occur immediately after completion of wall construction. 4. Existing landscape fabric in the 0-75' zone shall be removed, resulting in final hardcover including existing stairway and new boulder walls of approximately 3.7^0 in the 0-75' zone. Applicant's ne.xt scheduled meeting is confirmed as: City Council Monday. October 23. 1995; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the Citv Recorder after re\ iew and approval by the Planning Commission 6^- From: Date: Subject: Chair Steve Peterson and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffnm, Assistant Planning & Zoning Administrator October 11, 1995 #2056 Michael and Barbara Wigley. 1035 Tonkawa Road - Conditional Use PermitA^ariance - Continuation ot Public Hearing Zoning District: LR-IB, Single Family Lakeshore Residential. One Acre Application: Revised request for land alteration/CUP and variance to construct Kxilder retaining walls. Revised proposal omits boulder wall at base of slope. List of Exhibits A - Lener of Revision B - Notice of Planning Commission Action 8/23/95 C - DNR Letter 8/21/95 D - Planning Commission Minutes 8/21 95 E - Memo and Exhibits of 8/18/95 Discussion Applicants have revised their proposal to construct just the boulder retaining walls at the top of the slope At the August Planning Commission meeting, Plaiming Commission had indicated a reluctance to approve the boulder walls at the base of the slope, but indicated there may be some justification for the walls at the top of the slope to help stabilize the lawn surface. Issues for Consideration Has the applicant determined the function of the 5" draintile near the top of the lakeshore stairway? In the 0-75' zone just below the lawn south of the lake stairs, there exists an area of mulch underlain by weed-inhibiting fabric, which under Orono ’s definition is hardcover. Should that fabric be allowed to remain as hardcover.’ If so. its square footage should be documented and variance granted. Applicant should provide adequate justificaMon for the fabric to remain in place, or should be required to remove it. The only existing hardcover in the 0-75' zone is the 4 ’ x 40' stairway and the existing boulder lawn border constituting perhaps 30-40 s.f. ot hardcover. Zoning File #2056 October 11, 1995 Page 2 Staff Reconiineiidal If Planning Conunission concludes that sutficienl justification exists for construction of the proposed boulder walls at the top of the slope, approval could be conditioned on the following; 1.Prior to application going to Council, applicant to provide a 0-75 hardcover worksheet indicating all existing and proposed hardcover. Planning Commission should determine whether to allow the existing tabric/mulch areas to continue to be lined with fabric, or have the fabric removed. 3.Require the use of "Best Management Practices for Protecting Water Qualiry in Urban Areas" during the process of boulder wall construction. 4.Clarify that the approval does not include excavation or grading in the 0-75' zone for the purpose of eliminating poison ivy, nor does it include approval tor any tree removals in the 0-75’ zone. Applicants have requested that this item be placed on the City Council Agenda tor the October 23 meeting. Options for Action 1. Approve with conditions. Deny.2. *. ■ y • 3. 4. Table, Other I L it N D S i PLUS 1 j Custom Design & Installation 5 lo-lhV- September 29,1995City Of Orono P.O. Box 66 Crystal Bay. NIN 55323 Attn Michael P. Gaffron RE; Michael & Barbara Wigley 1035 Tonkawa Rd Long Lake, MN 55356 I would like to confirm the placement of this application on the schedule for the October 16 Planning Commission meeting. At this time 1 would like to amend the application to only include the boulder wall at the top of the hill; removing the lower lakeside retaining wall from the design. We ask that you please put this item on the agenda for the city council meeting on October 23, 1995. Thank Y'ou. Sincerely,/ ^laflhew W Laue (612)473-6649 P.(J. Box 508 Long Lake, MN 55356 CITV OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2056 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 23, 1995 TO: Michael & Barbara Wigley 1035 Tonkawa Road Long Lake. MN 55356 COPIES TO;Matthew W. Laue 2165C Shenandoah Ct. Plymouth. MN 55447 Ron AiKlerson Final Grade. Inc. 5893 Miller Circle Prior Lake. MN 55372 Dave Fellon Landscape Junction 21450 Hamburg Ave. Lakeville. MN 55044 TYPE OF APPLICATION:V^ariancc/Conditional Use Permit DATE OF MEETLNG: 8/21/95 VOTE:6 FOR 0 AGAINST Planning Conmiissioii recommends the following: Tabled for reas(^ns noted below NOTES AND SPECIAL CONDITIONS: Tabled at applicants’ request pending Minnehaha Creek Watershed District review and possible plan revision. Applicants’ next scheduled meeting is dependent upon receipt of additional intormation. Please advise staff at least two weeks prior to the September 18th or October 16th meetings if you wish to be placed back on the Planning Commission agenda If you desire cenified copies of the official Planning Commission minutes, they are available from the Citv Reci^rder after review and approval by :he Planning Commission. mQMCNOi. STATI OP ^DEPARTMENT OF NATURAL RESOURCES METRO WATERS, 1200 WARNER ROAD, ST. PAUL, MN 55106„l 6 no 772-7910 August 21, 1995 ^ a A'''' Ms. Jeanne A. Mabusth, Building and Zoning Administrator City of Orono 2750 Kelley Parkway. P.O. Box 66 Crystal Bav, MN 55323 RE; Michael and Barbara Wigley Conditional Use Permit. Lake Minnetonka (27-133) City of Orono. Hennepin County Dear Ms. Mabusth: We have reviewed the above-referenced conditional use permit request (received August 8, 1995) and we have the following comments on the proposed permit; 1.We are concerned that the proposed retaining walls and landscaping will remove natural vegetation that screens the house on the lot from view on Lake Minnetonka. Natural vegetation, color and other means approved by the city should be used to screen the proposed walls and the house from view from the Lake. 2.The ordinary' high water level of Lake Minnetonka is 929.4' (NGVD 1929) and not the water level. Any work that occurs below an elevation of 929.4 ’ (NGVD 1929) may require a DNR permit. 3.Steep slopes exist on the lot. The work that is done should be limited to that work that is necessary to control erosion. Careful erosion control measures should be taken at this site to avoid negatively impacting the lake. 4.Any work that occurs below an elevation of 931.5 ’ is under the jurisdiction of the Minnehaha Creek Watershed District and may require a permit from the Wateshed District. Eugene Strommen (939-8320) should be contacted for further information. Thank you for the opportunity to comment on this conditional use permit. Should you have any questions please contact me at 772-7910. Sincerely. Joe Richter Hydrologist \ Orono Shoreland File Minnehaha C'-eek Watershed District. Eugene Strommen AN EQUAL CPPORTUMTY EMPLOYER MINUTES OF THE ORONO PLANNING CO^flSSION MEETD4G HELD ON AUGUST 21. 199^ (»13 - ir2055 Tony Eiden Company - Continued) Mabusth reviewed the application The applicant is f Road and the subdivision entrance at Thoroughbred Lane and Countryside Drive West 30* in diameter wth 50 Uncar feet of setback3-1/2' The monument would be of a horse drinking water trom a u . • variance would be required because of the size of the menumen Peterson said there was an existing ordmance m etfea before and it should not be changed. The appUcant. however, do the Commission for a variance. A lener from Bmce Koka) «king for rejecnon of th. proposal was read m.o the tmnu.es. NUbusth asked that all members of the audtence present m m in on the attendance sheet for the recotd. There were 10 p«ple J' *’® ^ opp^Ln to the appUcatiom Mabusth said she tsould no.tfy the appbeant of thetr displeasure with the proposal. Anne Bovr-man, 10 So Willow Drive, satd she was no. notified of the applies.,on, George Stickney satd he lives a. the end of the development monumemt would create a huge maintenance and van P _ . ^ j ^e was on :r.“=-r cenerallv done. Navs 0. The Cemficate of Mailing and .Amdavit of Publication w ere noted. Mrs Wigley. and landscape architect. Mat; Laue. were present. 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 21. 1995 (#14 - #2056 Michael & Barbara Wigic>’ - Connnued) GafBron reported that the application is for land aheration condiuonai use pe^i and \"ariance to excavate in the 0-75' zone and to install boulder retaining ualls o e sections prohibit grading %vithm 75' of the lake, as well as any hardcover in that arex and requires a CUP for lakeshore alteration. The application proposes two tiers of boulder wails; one at the top or a 2 1 siope the other at the base of that slope in the flood plain next to the lake. The walls w oui a 3:1 slope. A retaining wall at the top of the slope would be extended to maxe t e awn level, A MCWD permTi is required to build within that flood plain. A had been turned down by MCVVT) when he appued for their permit. Gafffon said he a spoken with the MC\VD, who saw no need for the walls GaSiron said he concurs wit the nndins that the walls would provide no signincant stabilization. Showing an eie\ation sketch, Gaf&on said the wail would be e.xposed 5-1/2 of the 1 / height at "he a 'e. t^ would be difficult to screen all of this wail, Gadron said Staff sees bttlejusuncation lor the wails unless there was immment failure of the slopes. WaUs are not normaUy approved by the City for aesthetic reasons or for surface soil erosion. The erosion occurring by the house is in the shaded area. Fill would make this area to the north and south more level and could possible be screenable with vegetauon Sta currently views the site has having a natural state of shoreline, and changing it as proposed will yield a layered look of omxmental vegetation The Engineer has iound no problem with the proposal from an engineering standpoint, but notes there is no ev idence that t e slope is about to fail. Gaffion said the hardcover had not been measured. There is mulch with tadne within the 0-7V some of which Gaf&on said should stay and some should be removed There is likely a need to stabilize the ground where no grass is growing to control the erosion. The drainage around the house drains towards the neighbor and tans out Peterson asked the aopiicant why she felt the walls were needed Mrs Wigley said it was her feelme that erosion was occumng on both sides of the house as well as being the issue on the hill Her mam concern is for saiety of her family notmg the vegetation on the hi^ is full of poison ivy and poison oak. Wiglev' did not wish to remove the natural look ot the hill with crass. She said sne is a mamtenance-tvpe person, wno likes to take care or the problem before the hill falls down and would like to remove the poisong ivy ana oak Schroeder said the apoiicant could replace the poison ivy and oak with other vegetation wilhout requione boulder waUs. Gaiffon said the Citv- feels there is no need to grade I hiils.de to set nd“of the poison ivy and oala and there is rio slope prool.^ requiring the wail Ga*on did agree that leveling of the top area would be helprul. Schroeder said he agreed that erosion wxs occurrmg on the sides of the house, and maybe at the top of the slope, but did not see any erosion at the bonom. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 21, 1995 (#14 - #2056 Michael 8L Barbara Wigiey - Continued) Peterson told the applicant that the Planning Commission does not want residents to wait until a hill is eroding, but he also did not sec any problem except b>' the house. The w s and the structure on the hill should hold back the hill while re\Tgetating according to Peterson. It was also noted that the stairway was in good solid condition Gaf&on inquired about a drainage pipe found on the property^ The applicant said she had no idea what was the reason for the pipe. The contractor said he would check on the pipe. Laue said defoliating would be difficult and would kill the undergrowth Hawn asked what would be used to kill the poison ivy and oak voicing her concern with chemicals washing into the lake. Laue said i spray would be aUowed to dry resulting in no run off Laue said the top wall would hold back erosion from the house area It is his plan aeate a swale with the boulder wall being located higher and the soil lower to catch the drainage and allow it time to percolate thru the soil Lane said an original permit was denied by the MCWD. not because of the plaa but because the nei^bor ’s contraaor was under investigation. The neighbor was asking for a similar boulder wall. Schroeder said it would be hard to believe that the permit was denied for any other reason than merit. Schroeder said the Ciw’s Comprehensivt Plan sets guidelines for lakeshore The Plan requires that natural vegetation be preser\cd as much as is praaical. If erosion is present, np rap can be used. The City ’ recommends a natural look. The applicant asked what was the definition of erosion It was noted that no erosion was noted bv either the Engineer. Staff’, or the Planning Ccmmissioners Schroeder said the onlv erosion noted was near the home, which can be assisted - oth walls at that location Wigiey said she was looking at taking the grass out and putting in vegetation Lane said the'mulch will also be removed Gaffron asked if the walls were to be approved, what construction process would be used for this project Laue said two options were avaiiaole If permission were received from th’ neiahbor he would come across their property, drop the materials over the hill to be placed oy a machine at the bottom. Tne other alternative would be to bnng m me wall material over the lake during the winter and install it in the spring Gaffi-on read into the minutes a letter received from the DNR noting their concern with retaining walls removing the narurai vegetation, with screening, erosion control of the steep slopes, and concern over water level and ensuing construaion. :o MINUTES OF THE ORONO meeting held on ALGUST -1, 1 (#14 - #2056 Michael & Barbara Wigiey - Continuedj ESii Pccrson n,ov«i, Sch^oedcr second., to ..bl. AppUcnon .’-056 for redes,crong and gaining of a MC\\T> pcnnii. Ayes o. Nays 0. Lindquist said the wails would more than likely be demed by the lake and is not m tavor o. going ahead %ith this proposal.--------------------------r i Schroeder said if erosion was clearly shown, then he would be willing proposal. Smith said she did not see the project to mclude boulder wails The applicant responded that her major concern for the project was the saiery ot her children ,„5, «057 JAMES NVSTRO.Nl. .745 CONCORDIA STREET - VARIANCES PUBLIC HEARINCf 10:58-11:22 P-M- The Cen,nca.e of Ma.lmr nd .ASidaut of Publication were noted 11 • Prazcc, were presentMr Nystrom and his arcnitect, ureg Gaffi-on reported that the application located within JZreme;”^^^^ >be O^^j-one --ge lakeshore setback is also an issue to the house on the nonh Lindquist asked if the deck retested the proposed scenario. „ the 0-75- acne Fra.ee ttus ^ the stde lot lute. The house to tne J 75- Une. tt allows the applicant to mamtam the With the P-P-'^„];:;;^„;“^Tthe abthry^ to look beyond the house If the house ts ntoved Ck Tff.'the view of the lake would be limited Lmdquist said he had a problem with any structure in the 0-75’ 21 ----------** /V. To:Chair Sieve Peterson and Orono Planning Commission Members Ron Moorsc, City Administrator Michael P. Gaffron, Assistant Planning Sl Zoning Administfalor Date:August 18, 1995 Subject;#2056 Michael and Barbara Wigley, 1035 Tonkawa Road - Conditional Use Permit - Public Hearing Zoning District: LR-IB, Single Family Lakeshore Residential, One Acre AppUcation: Request for land alteration CUP and variance to excavate in 0-75’ zone and install boulder retaining walls. Pertinent Code Sections Section 10.55, Subd. 8/Section 10.56, Subd 16 (J)/Section 10.22, Subd. 2: Grading prohibited within 75’ of lake. Section 10.22, Subd. 2/Section 10.56, Subd. 16 (L); No hardcover aUowed within 75’ of lake. Section 10.03, Subd. 19: CUP required for lakeshore alteration List of E.xhibits A B C D E F G H 1 J Application Plat Map Propert>' Owners’ List Letter of Request and Cross-Section Sketch Plan Site Plan Survey/Topography (not as-built) letter from City Engineer Comprehensive Plan Excerpts Watershed District Denial Documentation June, 1995 Staff Sketch Summary Applicant proposes to construct two boulder walls within 75’ of the shoreline, one at the ton of a 1 slope, the other at the base of that slope in the flood plain next to the lake. At the base of the slope, the intent is to excavate within the flood plain, creating a terrace at the water s edge approximately 10-15’ deep, backed by a 3.5’ boulder wall, placing excavated material above the wall (see sketch. E.xhibit D). 21oning File #2056 Augusi 18, 1995 Page 2 At the top of slope, a 2-3 ’ boulder wall is proposed, presumably of similar construction, i.c. excavation below and fill placement above. The stated purpose of these walls is to decrease the effects of erosion and to clear the "out of control undergrowth" that is "extremely unsightly". From the letter of request, statf concludes the proposal will then be to clear virtually aU of the undergrow th on the hillside and replant with strips of ornamental shrubs. City Engineer’s Comment The City Engineer indicates the design of the boulder wails is acceptable from an engineering standpoint. Discussion Having inspected the site twice this week, statt tmds little justiiication for approval of the proposed walls, especially at the base of the slope; Normally, the City only approves new or replacement walls in the 0-75 ’ zone to solve existing or impending slope failures. In this case, there is no indication of slope failure. There is no evident fracturing of the soil above the slope suggesting that a slump may be imminent, further, the slope ranges trom 2:1 to 3:E which is normally a very stable slope not subject to massive failure. The only visible erosion that is occurring is surficial erosion in the yard due likely to* a weak root structure in the grass because it is in the shade. There is no evidence of significant surficial erosion happening on the hillside, and in fact the hillside is highly vegetated with various natural plant materials as well as many young trees in the range of 1" diameter, and a scattering of mature trees at the toe. middle and top ot the slope. While there is poison ivy in abundance on the site, excavation of the slope is not necessary to solve the poison ivy problem. There is no visible undermining of the shoreline that suggests the immediate need for a seawall or riprapping. The proposed location of the wall is 2 ’ above the OHW. Excavating at the base of the hill and placing boulders with fill above them would create a terraced effect that has no apparent slope stabilizing purpose. It also creates a terrace at the lake edge where applicants apparently wanted to place a beach sand blanket. That application was denied by the Minnehaha Creek Watershed District in June. (Please review Exhibit I). MCWD staff indicate that they would not support the current proposal for excavation in the tlood plain. An M(iWD permit would be required for the work as proposed. j Zoning File #2056 August 18, 1995 Page 3 Having viewed the site, it is staff s impression that the shoreline and slope as they exist today are quite attractive (beauty is in the eye of the beholder). It currently has a very natural look, in keeping with the goals of the Comprehensive Plan to preserve the naniral character of the shoreline. There is no evidence of erosion, the vegetation in place is fairly well established, and the only reason for excavation and boulder wall at the base of the slope is to create an unnatural- looking terraced beach area. As proposed, this 3.5 ’ high wall will not be screened by vegetation. There is some merit in the upper southerly w’all extension towards the house. That area of the yard suffers from surface erosion due to the slope and roof runoff, and a terrace wall near the house would be suitably screened by existing vegetation. Such a wall at a height of 1.5-2.5’ would allow the lawn above it to be relatively level. In the area proposed for walls, there is little or no impact from drainage that comes from the east (uphill) side of the house. That drainage either goes to the north or the south of the 2;1 sloped area, and some of it acmally flows to the neighboring property which might some day be an issue. However, that drainage does not appear to have eroded any visible channels but appears to be dispersed. Issues for Consideration Are the justifications given by the applicant sufficient to allow the proposed excavation in the flood plain and in the 0-75’ zone and the installation of the proposed boulder walls? Absent evidence of slope instability, are the aesthetic Justifications suggested by the applicant, in keeping with the goals and principles of the Comprehensive Plan (see Exhibit G)7 Will the proposed planting of ornamental shrubs result in a "contrived" shoreline appearance? While there is no doubt that the City has approved construction and replacement of extensive retaining wall systems on other lakeshore propenies, most of those applications were approved in the context of providing needed slope stability, and required plantings to minimize the visual impact of the walls needed to provide the stability. Where does the applicant's proposal fit in this context? Zoning File fflQSb Aueust 18, 1995 Page 4 There is a 5" draintile near the top of the lakeshore stairway that apparently drains the yard area to some lower elevation. Can applicant inform us where that pipe outlets? The City has generally discouraged and prohibited the use of draintiles directing stormwater directly to the lake. More information on this tile might be helpful in justifying its existence, especially in the context of its impact on maintaining the slope stability. A ponion of the slope in the 0-75’ zone just below the lawn south of the lake stairs contains mulch underlain by weed tabric, which constitutes hardcover under Orono ’s definition. The square footage of this has not been documented nor is it identified on the materials submitted. Staff Recommendation Staff is skeptical that the proposed wall at the base of the slope will serve any slope stabilizing purpose and is merely proposed to create a terraced area for beach at the shoreline, leaving a wall that looks unnatural. However, there may be juslitication for some of the walls at the top of the slope to help stabilize the lawn surface. Plannine Commi.ssion is advised to consider the issues noted previously, and any recommendation for approval should specify the hardships for granting the variance and CUP for land alteration, specify which walls are approved and to what extent, and should require the use of "Best Manacement Practices for Protecting Water Quality in Urban ,\reas" during the land alteration process. Funher, Planning Commission may wish to address preservation of existing large and small trees in the area of the proposed alterations, and consider w hether there is any justification to allow the fabric hardcover to remain in place. Isv tc:.. 1?. ■i:, »#,. *3 ; ■•^ \ ) CITY OF ORONN^ - GENERAL LAND USE APPLICATION PROPERTY LOCATION — f) Site Address Type of Application to be Filed Property' Identification Nurnber (P.I.D.) applicant . Name 6,Tt;~ut ui Wj s_ff L vaVi-7T City Phone (Tiome) PlKJne (work) V ^ ~ V ^ OWNER (if different than aj^icant) I ' Name Address Phone (home) / : Zip <7~*r^/'^7 _ 2VS&- DateProperty Acquired I (do) (do not) also own the adjacent parcels of land. fees - CONDITIONAL USE PERMITS - ,nnlicntion S 50.00 For each variance request with CUP applicaiio S 125.00 Residential Accessory Use ^ S200.00 Institutional (church, school, etc.)52UU.UU insillULiuiiai --------- ' S175.00 Guest House/Guest Apartments ' S150.00 Duplex Credit/Bldg ~ S250.00 Commercial/Industrial Use ~ S200.00 Land Alteration Grading and fillins - designated wetland or floodplain -------Grading and filling - 101 cu. yd. or more ^^7 Grading, seawall, reuimng walls within of lakeshore PRD/PID - see Fee Schedule ^ " S 100.00 Renewal Fee (no change from original application) ”* After-the-Fact Fee - Double Current Application Fee OTHER Sile Plan Review (+ consnltanl fees) $250.00 Vacation $175.00 Easement Vacation ~ S 75.00 Easement Vacation With Subdivision ” S700.00 Rezoning (PUD - refer to tee schedule) ~ S300.00 Comprehensive Plan Amendment " S 100.00 Appeals Other - see Fee Schedule present use of proper^' ^ Present Zoning District —=c Present Use of Property X-Other (specify). (month/year) #• f\; . .lii REQUIRED SUBMITTALS 1. / Completed Application Form. 2. ___/ Describe request in detail. 3. ____Certified Property Owners List of owners within 350’ (you can obtain this list^from Hennepin County Department of FinaiKe, A-603, Government Center, 348-3-71). Plat Map. > Certificate of Survey (signed by a licensed surveyor) - refer to handout for sur\ey information. Attach legal description to application if not included on required survey. Topo2raphic survey (existing and proposed contone) if land alterations involve changes in elevation (grades). 4. 5. 6. 7. 8.\ List of the legal names (include marital satus) of all persons with an interest in the property. This would include name(s) of applicant(s) :t not current owner(s). 9. X Construction plan, if applicable (see statf for requirements). 10. — As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11 ” X 17" OR SMALLER) fOR ALL DOCUMENTS SUBMITTED. (Staff wi”, require to s:ale drawings ot all documents, plans, etc. to be submitted.) The Applicant and Propeny Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Depanment that Land Use Application is complete. Initials of Clerical Staff;^________________________— -------------------------------------- .APPUC.ANT’S SIGNATURE . u v Tlie applicant hereby agrees ...-wide all information required or requested by the Zoning Administrator, agrees to pa' 'lujitional fees (staff time not covered by original fee payment) and/or unusual expenses in ..red in review of tl^pplieation, and cenifies that the mrormation supplied is true and correct toj h^-b^t_ofi'i*r^'r knowledge. ateApplicant’s signature - OWNER S SIGNATURE , • . u . The owner herebv acknowledges and agrees to this application and tunher authorized reasonaDt- entry' onto the property' by City staff, comsuhants. agent . comnikssion members, and Council members for purpose^Li^estiga^ and verificati^of this request. Owne’-’s signarufre Date ADPlicam must have all submittals into the City offices fTdays before the Planning Commission Meeting. Plaiuiing Commission .Meetings are held on the third Monday of each month, .\pplicams must be present .•'.t all .chedulcd •view meetings of the Planning Commission and Council. If an applicant is unable to attend a sCiediiled meeting, piease make arrangements to have an authonzed agent attend in your place and advise the Building & Zoning Office of this change pner lo the mceiing. J ‘.jJJBR'j*.'-m Hi% •r/timf Ml Notc^iN COUNTY- PMRim r»#o«anoN systihraoraiTY OHNCIS UST -..C4* MOP ARM fitCR MM AM4Yf P MM/AOOa 0:3 fc%‘l M ' • PMf'AOOR Q»fCR MM AXPAYCR I4AM/A001I * .-4'.^ PROP AOOP (»*CR MM TAXPAYCR MM/AOORf,-rK' PROP ADDR (Rt€R NAME TAXPAYCR i HAMC/ADDR •: ■ [yPROP AOOR 'iffe.OWER MM 1,!’^ TAXPAYER ^,^/AODR ■Sm? jh ; -v -n M M-U7-E5 U MOl MMO TOMAM M L D tORRyN A DORR TRUSTEER UMMNCI • MRILYN DORR RSU NOO0LEI6N, FLINTRlMt lACAMDA CA 9II11 M 0S-117-ES IS 0002 01079 TONRAMA RO R N MRTXN III t L J MARTIN RXCMRO S LINDA MARTIN III 1079 TOMAM RO LOND LAKE (04 BS5S4 SO 00-117-tS IS 0013 01000 TONUM RO RAJ DAUMAN ROBERT J I JOAN C BAUMAN 1040 TOMAM ROAD LONB LAKE M B53BA SO 00-117-ES 13 0019 010*0 TOMAM RO K 0 SMART ASP SMART KCITN D i SUSAN P SMART lOAO TONKAHA RO tONO LAKE MN 55S56 i IS Oa-117-2S 2^ 0002 01015 TONKAHA RO DANIEL C A RUTH M PARTFN DANIEL C I RUTH M PARTEN 1015 TONKAHA RO LONG LAKE m 55356 5S 08-117-23 24 0005 00036 ADDRESS UtMSSIGr4E0 DANIEL I RUTH PARTEN DANIEL A RUTH PARTEN 1015 TONKAHA RO ORQNO m 55356 Jhei 3* » ' ••■•I-*Kj: »458 88-117-25 12 81000 TONKAHA RO R J NOrmAN CTAL RAYHDND 4 NOrfmN 1008 TOMCAMA RO LGN8 LAKI HN 55554 58 08-117-25 15 0M5 01088 TONKAHA RO L A L GARONER LAMRENCE J GARDNER 1085 TtMCAHA RO NN 5^354 58 08-117-25 15 0014 01020 TONKAHA RO DOUGLAS J HILLIAHS DOUGLAS 4 HILLIAHS 1020 TONCAHA RO LONG LAKI m 55554 38 06-117-25 IT 0020 01070 TOtACA’^ RD J 0 HATSQN A J r HATSQN JOHN D A JANET E KATSON 1070 TONKAHA RO LONG LAKE MN 55356 36 06-117-23 24 0003 01025 TOTA^AHA RD S A A S M KISTING SCOTT A A SUSAN M KISTING 1025 TOTACAHA RO L0I4G LAKE MN 55354 TOTAL BATCH 511 00014 RiPORT NO. PI45S4Q1PAGl 2458 08-117-15 15 0001 01045 TOMCANA RO J R A C K 6A6RIELSQN JOHN R 6A8RIELS0N 1045 TQMCANA RO LONG LAKE HN 55354 58 08-117-25 13 0011 01060 TONKAHA RO HARVIH OORHAN ETAl HARVIN 80RHAN 3300 NORNEST CENTER HPLS m 55402 56 06-117-25 15 0015 01010 TONRAMA RD R S EDHUNOS A 0 K EDMUNDS ROBERT S A DEBRA K EDHUNOS 6425 HIDDEN OAKS DR EDEN PRAIRIE MN 55544 36 06-117-25 21 0014 00465 TONKAHA RO GABRIEL E JA660UR GABRIEL E JABSOUR 21 UNIVERSITY AVE N E MPLS m 55415 56 06-117-21 24 0004 01035 TONKAHA RO BARBARA A HIGLEY BARBARA A HIGLEY 1035 TONKAHA RO LONG LAKE MN 553S6 ' *\L' ‘ *1 • ■ * • V,• • IP, ‘it: . , ‘r;f. J I''’«‘S r Vil ‘i " * • I • ' ■it K) » T- -I .1S * i w . \ ;< *■;(* ; S4t' ■ . <'■ , ; r ■ L iH N D 8 C -.V- C;iy OfOrcno July 27. 1905 We are requesting a permit to build two boulder walls with-in 75' of the lake shore at 1035 Tonkawa Road The present hill slopes to the lake store in a 2-to-1 slope We would like to clear the out of control undergrowth on the hill that is extremely unsightly and also a hazard to the home owners children because it contains an immense amount of poison isy The hill side will then be replanted in a very naturalistic way using large quantities of five plants placed in sw eeps crossing IjU* V H I lC up the hill Being that there is already some erosion we are concerned that in * between the process of the clearing and establishing of the new plants there may be more erosion. To help elevate this pre-existing problem we would like to construa a boulder wall at the base of the hill The wall will be placed eight feet back fixjm the west end of the bottom landing of the steps This point is also 20* from the water level of 929 06' as it was on July 26, 1995 The cieated flair at the base of the hill to the top of the boulders will help slow the runott into the lake, thus lessening the effects of erosion The base wall will extend maximum of 40' to the north of the steps and 24* to the south Neither wall will exceed 3 5' in heiiiht.Custom Design & Installation (612)473-6649 We propose to build the second wall at the top of the hill to slow the slide of the lawn down the hill This wall will be 34’ toward the lake shore from the edge of the patio To the north of the steps shall be a straight wall along the existing edge of the hill The south side will angle back towards the comer of the house This wall will extend 32' to the north from the steps and continue all the way back past the 75' set back on the south side ty ing in with two walls to be constructed on the southwest side of the house This wall will nev er exceed 3 5' and normally run between 2.0' and 3 O' The actual construction of these boulder w alls is to be done through Landscape Junction Inc. by Final Grade Inc A MCWD permit will also be applied for this projea If you have any tunher questions please feel free to call me at any time. Office 473-6649 Mobile 720-6691 Home 473-8988 P.O. Box 508 Long l.uke, MN 55356 I A Nns € A PLUS Custom Design & Installation (612) 473-6649 I o A K V ^ Nyne and Address List Michad and Barbara (married) Wtgicy Home Owners 103S Tonkawa Rd Orono, Mn 55356 Matthew W. Laue Landscaping Plus 2165C Shenandoah Ct Plvinouth, *Mn 55447 Ron Anderson Final Grade, Inc 5893 Miller Circle Prior Lake, MN 55372 Dave Fellon Landscape Junction 21450Hamburg ,Ave. Lakeville, Mn 55044 P.O. Box 508 Loii^ Fake, MN 55356 L /m N D S 03^ i o»ovC^<o\ Oa< PLUS I G Custom Design &. Installation 5tAv.«f (612)473-6649 iC- ail' 6cfiTc*x.U Pv^wT"lfV^ e ^TAV^ /7^o ^cjkoX.Tt^ \0 P.O. Box 508 Long Lake,IN 55356 -%»■ ; * '• *s . *■- -jw > I- % D-cns: V* Lu __I cn V I I L______I EJ O O o A 955.6 i J/l Bones troo Rosene Anderlik& |\j* Assodates Engineers & Architects §C^ryi M ^ amt «mr 4 #• A : ^ - >tm J«Op'*un»fk Om M «i lii«r! i| •! * Jil ttH C A«0*r.* Pf vi*^. • w •! * c^p«f %"'e' *1 :. • ’f ( 'wowet H 9coe^ 3 U'KP>*c«r Pf V !•»' - : *A • C '••w August 8» 1995 A Af «e A Pf •ote*? • Pf A * **t»* •! c l pf C At A •", * 9-.krf *f VUT4 a HdTHOrt •€ • t,«Mtw*jrw^ pf Yj< '•HJAW t Anoe'WA A - A ;c»^An3 C iwrg^rdr. pf ^r«ofAM A S»f«o P| . S'vnoorsf "f Vi«r»iner *i *f *- «•,»• % *A*r Pf C Wnr^ *f f WtiMAM Pf .e-N D “•"#« PI jcor . *■ a^<re« *f Ae*v»rn P Anocfscn »f M«rt « Hirt Pf V»Ai» A Pf 34ty AT Mor-^ Pf i Oannon a < a J EJ»|**WPi *1 A Picm icf'A'Wft Pf Pf 'Aar« O A aih % ^ -e». a i*n»n Pf . Jrs^ Pf ^ n “ •», D •' **V r/ pf f* w » =;^e •%* 9 r^oo Pf ' ^ ff C pc iio CX.* p* Pf •mil a »-iewp^ n • c. ■jfw *f '' W’ i> er»v jA' •? i t*' e' ng*t Pf .-otppn 9 9n#^. Af wW M Mann Pf Charges A £*'(.»;an 4.e« M P.*Ae ki* %.* ■' -n 4 :ne' V< “ ng -1"^. f P Mr. Michael P. Gaffron. Asst. Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re; Wigley Residence File No. 139-2056 Dear Mike, ^Ve have reviewed the proposed boulder wall construction on the Wigley propert\' at 1035 Tonkawa Road in Orono. Boulder walls are acceptable provided they are less than 4 feet in height and if tiered, no less than two times the height apart. The plans meet this criteria and appear acceptable from an engineering standpoint. .Erosion control should be installed along the shoreline prior to the work to protect the lake. Please contact me at this office if you have any questions regarding this matter. Yours verv trulv. BONESTROO. ROSENE, .ANDERLIK & ASSOCIA I ES INC xIIa ^i I). Shawn D. Gustafson. P.E. 2335 West Highway 36 ■ St. Paul, MN 55113 • 612-636-4600 gWVIRQNMENt JUNE, 1980 <jh* statistical result of this study was the realization that a nature ytorm water drainage and filtration system was economically practice for Orono, but that excessive urbanization would outstrip the nature capacity of most of the wetlands leading to flooding potential and to increasing levels of nutrient pollution in Lake Minnetonka. Three o the twelve study recommenaations are cost significant in terms of t e effect on this CMP; 1. Every available means should be utilised to preserve the natural water storage and treatment system, which is one of Orono's best assets. 2. The City of Orono should protect land adjacent to marshes which require more than their total existing areas to control storm water runoff and preserve the water quality. 3. The City of Orono should acquire suppl*»-entary land which is needed to preserve the integrity of the natural system of pollution treatment and runoff control. orono's FNVTRONMENTAL protection CQMMITMENI «onrc".z"ns exp.c/th.ir forefather's heritage to live or. for generations to come. FNVI RONMENTAL PROTECTION GOALS. 1. 2. 3. 4. 5. 6. 7. 8. 9. TO PRESERVE THE QUALITY OF LAKE MINNETONKA. TO PRESERVE THE QUALITY OF ALL OTHER LAKES IN OROiTO. TO PRESERl^ THE CITY'S MARSHLAND, WETLAND AND NATURAL DRAINAGE SYSTEM. TO PROVIDE FOR SURFACE WATER MANAGEMENT SUCH THAT THE CITY IS PROTECTED FROM BOTH FLOODING HAZARDS AND POLi_.UTION HAZARDS. TO PROTECT THE CITY’S GROUND WATER RESOURCES FROM POLLUTION A.ND FROM DEPLETION. TO PROTECT THE CITY FRO.M .AIR, WATER AND NOISE POLLUTION. TO PRESERAT OPEN SPACE, LIGHT AI^D AIR, INCLUDING SOLAR ACCESS FOR all PROPERTIES. TO PRESERl-E A REA.'^ONABLE AMOIUT OP NATIVE WOODLANDS AS AN INTEGRAL PART OF ORONO'S HERITAGE. TO PROTECT AND PRESERVE A REASONABLE AMOUNT OF NATURAL WILDLIFE HABITAT IN WOODLANDS AND WETLANDS. 10. TO PROTECT T.HE LAND FROM SOIL EROSION AND THE HAZARDS OF DUST AND SILTATION. CMP 3-18 ENVIRONMENT JUNE, 1980 GENERAL POLICIES FOR NATURAL RESOURCE MANAGEMENT 1. ORONO WILL PROMOTE THE FORMULATION AND ACTIVE USE OF ENVIRONMENTAL PROTECTION POLICIES BY OTHER LAKE MINNETONKA AREA MUNICIPALITIES AND RESPONSIBLE GOVERNJ’ENT AGF-.CIES. Even though Orono plays a key •ole in the protection of Lake Minnetonka, permanent preservation of the quality of Lake Minnetonka is impossible without coor<?inated policies and without active implementation of proven protective measures. Environmental enforcement may be difficult in the face of development pressures, but without commitment and sacrifice, a nibbling effect will surely place the goal beyond reach and beyond recovery. 2. ENVIRONMENTAL PROTECTION POLICIES WILL BE UTILIZED IN THE FORMATION OF ALL OTHER GOALS AND POLICIES IN THIS CMP. Orono’s commitment to environmental quality is carried throughout each element in this comprehensive plan, coloring the goals, policies and implementation practices in every facet of municipal responsibility. 3. DEVELOPMENT DENSITY WILL BE LIMITED TO A LEVEL WHICH WILL NOT OVERLOAD THE NATURAL SURFACE LVTZR DRAINAGE AND FILTRATION SYSTEM. Urbanization increases the speed ai.d quantity of surface runoff while decreasing the water quality. Developed land use densities will be determined by comparison between known levels of volume and pollution generation and known, marshland capacity for ponding and nutrient assimilation. 4. SURFACE WATER RUNOFF WILL BE DIRECTED THROUGH THE NATURAL DRAINAGE SYSTEM. DIRECT RUNOFF INTO THE LAKE WILL BE AVOIDED AND WILL BE PROHIBITED WHENEVER POSSI'LE. The longer the routing of storm water between source and the lake and the longer the duration of ponding in a wetland, the more nutrients are assimilated and the more silt is settled. The transfer of storm water runoff from one local watershed to another or recycling water through the sam.e marsh, will be pursued and encouraged as a practical method for increasing the duration of water retention before runoff enters the Lake. The result of extended retention will be improved lake water quality. i. NATURAL DRAINAGEWAYS WILL BE FAVORED OVER ARTIFICIAL STORM SEWERS. Storm sewers speed runoff and provide no natural filtration or nutrient assimilation. Storm sewers will onl-- be utilized in local flood prone areas or where there is soil erosion insolvable by natural means. Whenever possible, storm sewer outlets will be directed into marshland or natural drainageways and not directly into the lake. Storm sewer systems will not be considered for new developments or where satisfactory natural drainage systems already exist. CMP 3-19 ENVIRONMENT JUKE, 1980 6. THE WETLANDS AND MARSHLANDS OF THE CITY WILL BE PROTECTED AND PRESER\T:D AS WILDLIFE HABITATS, AS UNIQUE OPEN SPACES, AND AS THE ONLY ECONOMICALLY PRACTICAL METHOD OF FLOOD PROTECTION AND STORM WATER RUNOFF FILTRATION. The Harza .^-uay, the 208 Water Quality Management Study, and Orono’s Surface water Management Plan all recommend this approach to permanent water quality management for Lake Minnetonka. In addition, the Orono Plan goes on to identify individual wetlands and marshlands that require protection as part of the City’s storm water management program. It is the policy of this plan to effectuate the policies and recommen dations of the 1974 Orono Surface Water Management Plan. 7. PROTECTION OF THE CITY'S MARS.HLAND, WETLANDS AND DRAINAGEWAYS SHALL INCLUDE PROTECTION OF ADJOINING LANDS AND PREVENTION OF DRAINAGE, FILLING, DREDGING OR WETLAND'S VEGETATION REMOVAL. Ordinances will establish setbacks for all land alteration or construction. Wherever possible, the City will acquire open space and flowage easements for conservation of these lands. 3.PROTECTION OF LAKE PL:S0URCES WILL ALLOW REASONABLE ACCESS, USE AND ENJOYMENT WHILE PREl^NTING OVERCROWDING AND E.XCESSIVE ENCROACH.MENT. In conformance with Mn. DNR Shoreline Management regulations for recreational development lakes, the City will prohibit overly dense development within 1,000 fe-»' of Lake Minnetonka. Lake use regulations will be promoted to limit excessive boat density and overuse of sensitive bays. Land use regulations will be developed to provide reasonable control over building density, land alteration and lakeshore encroachment. LAKE SHORELINES WILL BE PROTECTED FROM ALTERATION. Natural vegetation in shoreland areas will be preserved insofar as practical and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients- Clearcutting will be prohibited. In areas of soil or wave action erosion, natural stone rip rap shoreline protection will be encouraged. 10. LAKE BED ALTERATIONS WILL BE DISCOURAGED BECAUSE OF ADVERSE SHORT-TERM AND LONG-TERM EFFECTS ON WATER QUALITY. Dredging of lake beds releases large amounts of otherwise trapped nutrients and silt which adversely affects water quality for long periods of time. Dredging of new channels or inlets will not be approved to provide riparian access where none existed naturally. Dredging will be permitted in limited circumstances only where absolutely necessary to maintain existing natural riparian access permanently lost by something beyond the contr"?’ of the landowner. Periodic low water conditions or the owner's desi; .:r deeper draft watercraft are not sufficient reasons for disr’p iJ.g sensitive lake beds. CMP 3-20 PNVIRQNHENT JUNE, 1980 11. DEVELOPMENT OR ALTERATION OF FLOODPLAINS WILL BE ^^TRICTED. Most of the ^tys identified floodplains are located the shorelxne or within designated aarshlands and floodplains visions applicable to those areas. In addition, do .xi,t on otherwise dry buiXdeble land. = , alteration will be strictly controlled so as ”““eos??r to avoid flood level increases on other propertie , flood damage or pollution dangers. 12. NATURAL RESOURCE INVESTIGATION WILL BE REQUIRED PART DEVELOP.MENT PROPOSALS. This will include topograp control" soil analysis, drainage plans, vegetation plans, erosion control ::isure: and Similar site data related to ^®®:; b^ or private. The extent of each such review will be determined by probable environmental impact. r® ”ke Minnetonka irrL?or:rtLnnn:re::»“:o°::!i t^: ?i:rand^oncem increase in direct proportion. ^ -5 nM.cTTP WATER RETENTION FACILITIES WILL BE REQUIRED AS PART OF ALL RESIDENTIAL, COMMERCIAL OR INDUSTRIAL DEVELOP.MENT PROJECTS WHENEVER TO MAI^AIN OR IMPROVE THE E.XISTING STORM WATER PAT?e1«: Whoever a development • s location, sire. would tend to increase the quantity of runoff, increase the runoff, or decrease the quality of runoff, that development recuired to provide on-site retention facilities suf..icient to m the existing^situation or to improve the resulting runoff by reducing quantity, reducing speed and/or improving quality. be oermitted to adversely impact ifs neighbors, or the City, by cLng'rd^ainage patterns or by otherwise adversely affecting storm water drainage. 14 LAND USE AND DEVELOPMENT WILL NOT BE PERMITTED AT THE E.XPENSE OF ^?R0N^^ PROTECTION. No land will bo permitted to be subdivided or built upon which is held unsuitable by the City tor the propose use because of flood hazard, inadequate drainage, soil formations with severe limitations for development, severe erosion potential, „nfAvorable topography, inadequate water supply or sewage disposa.. capabiH^iL or any Lher feature likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision “of the community. No land use will be allowed to adversely -he neiqhbothood's air or water resources nor will any use be per.. To emit noise, dust, electrical or radiation pollution. CMP 3-21 PI^VTRQNMENTAL JUNE, 1980 IS. EROSION CONTROL PLANS AND PROGRAMS HILL BE „ „inini^e alteration PROJECTS. Each damage the probability of .oil be etpo.ed downstream. The smallest amoun o around cover will be for as short a tine as possible ^S^iLnt traps will be required until permanent cover is provided. public roadways, on slopes and between constructio.^ sites ana pu n^^must be compacted and stabilized for permanence. mppAM ARFA POLtriP^ FOR NATURAI RF3QURCS hMA££mil 1. 2. 3. 4 . 5. TtTTT ttmt- the impact of urban ENCROACHMENT ON land use standards will LIMIi the I.^ALi LAKE MINNETONKA. .Minimum lot widths ,^^33 of natural vegetation. structural = "J^^^^^^rnu^bL of boats per property and Lake use regulations will Im '' private docking and boat the amount of public waters available for privat storage. t-ttt t tmtt "^me IMPACT OF URBANIZATION retention of NATURAL VEGETATxON WIL . . pe limited to less AS VISIBLE FROM THE LAM:. ielts will be provided than the typical tree heigh . • excessive thinning of with prohibitions against c earcu preserved on slopes. Retaining vegetation. Natural ‘'ihen absolutely necessary to prevent ::“!o:“in^:htcr«srrherriri b. screened With natural vegetation. OIRECT RUNOFF INTO THE LAKE WILL BE MINIMIZED. J'-p^vLrs^ardcover established and maintained to lim ^ Maximum hardcover will in proportion parcel wtSInJ , 0 0 0 feet of the shoreline rursu:ir?o-Mn!°-:Nf r:::L.^nded Shoreline Practices. all existing urban WET^^S Lis?i::°:r^If-Off SURFACE WATER RETENTION ^D to assimilate all nutrients, exceeds the capacity o - hazards would be created if any wetlan s therefore I? steos to imorove nutrient assimilation 'i°ciSdror.:i;e ^^?;nriSn^rall new developments and storm water recycling through the existing marshes. CITY M/vINTENAtiCE PPJ^CTICES mini*n!ized. qSaLITY. salt use for torage sites where they Snow removal practices w drainage system or where foreign matter, will not overload the a marsh or lake. Spring riranup “Lrpr;mrbly "-ove road^ands and sails before environmenla damage occurs. CMP 3-22 FWVIRQNMENT JUNE, 1980 6. 7. A SIGNIFICANT AMOUNT OF NATURAL ^OODLANDS^D OPEN SPACE WILL^BE RETAINED ON EACH PROPERTY. Retention of space on requires careful siting and preservation of trees and open sp each urban property. ALL DEVELOPMENTS WILL BE DESIGNED TO ASSURE PROTECTION OF LIGHT, AIR, AND SOLAR ACCESS FOR NEIGHBORING PROPERTIES. lot site, amounts of open spaoe. minimum yard setbacks, and max building heights will be designed to assure protection of these for all urban residents. RIIRAl AREA PDI TCIES FOR NATURAL RESOURCE MANAgEMEKI 1. 2. 3. 4. LAND USE STANDARDS WILL LIMIT THE POLLUTION LOADING AND DRAINAGEWAYS. J^^it^roi-sttrLwerind water systems ”*rtreLu«'thn «tes o“jSosphorus and nitrogen generation will nit I«:=t :ftL gSaHty m the natural drainage system. RURAL LAND USE DENSITIES WILL ALLOW MAXIMUM RETENTION OF PRIVATE ^ OPEN SPACE. LOW rural densities will Toll Without affecting the traditional vistas of open fields and woods. ^rreLntion of these woodlands and marshlands will then assure permanent habitat for our abundant wildlife. RURAL WETLANDS AND MARSHLAND WILL BE MAINTAINED AND PROTECTED FOR SU^CEW^R retention and FILTRATION. As total watershed population f^^ease^ even at our relatively low rural densities, the volume of runoff increases as does the nutrient input. Upland marshes a wetlands will be required for flood control water retention and maximum nutrient assimilative capacity. THE CITY WILL PROMOTE FARMING PRACTICES DESIGNED TO CONSpVE THE SWL i^D GROUND WATER. Where farming occurs in the rural ^«as the use ofLnovative tilling methods, land banking, crop rotatron and wind breaks are encouraged to protect the native soil from erosion and deterioration. Animal sanitation methods will be enforced assure minimal pollution of drainageways or ground waters. CMP 3-23 LAND USE JUNE, 1980 fAND USE GOALS AND POLICIES Orono'« Land Use Plan is based upon the following goals and policies which in turn have been actively developed by Orono residents over the last 25 years. 1 AND USE GOALS 1. TO REINFORCE ORONO*S ENVIRON.-^IENTAL PROTECTION COMMITMENT. 2. 3. TO MAINTAIN THE HISTORIC IDENTITY AND CHARACTER OF THE SEPARATE URBAN AND RURAL NEIGHBORHOODS. ACTIVITIES. 4. TO PROTECT NEIGHBORHOODS FROM ENCROACHMENT OF INCOMPATIBLE LAND USES. 5. TO COORDINATE ORONO'S LAND USES WITH THAT OF NEIGHBORING COMMUNITIES. 6. NECESSARY PUBLIC FACILITIES AND SERVICES. nFNFRAL I AND USE POLICIES. 1. 2. THE METROPOLITAI'I URBAN SERVICE of^the'Community Management Plan and are legally described by Resolution of the City Council as shown on Map No. 6. ORONO'S LAND USE PLANS WILL BE BASED UPON ENVIRONMENTAL PROTECTION POLICIES. Land use and development must assure whe ^cnservfLcn, protection end environmental resources in accordance with .he goa and policies of the Environmental Protection .Ian. Land use policies will encourage the wise use and nvanagement of natural resources while prohibiting their misuse, abuse, overuse or exploitation. CMP 4-12 LAND USE JUNE, 1980 3. 4. 5. DEVELOPMENT DENSITY WILL BE LIMITED THROUGHOUT THE CITY TO A LEVEL WHICH WILL NOT OVERLOAD THE NATURAL SURFACE WATER DRAINAGE AND FILTRATION SYSTEM. Urbanisation increases the speed and quantity of surface runoff while decreasing the water quality. Developed land use densities will be deterained by comparison between known levels of volume and pollution generation and known marshland capacity for ponding and nutrient assimilation. THE WETLANDS AND MARSHLANDS OF THE CITY WILL BE PROTECTED AND PRESERVED AS WILDLIFE HABITATS, AS UNIQUE OPEN SPACES, AND AS THE ONLY ECONOMICALLY PRACTICAL METHOD OF FLOOD PROTECTION AND STORM WATER RUNOFF FILTRATION. Wetlands, drainageways and floodplains will be protected from encroachment and from alteration or destruction by filling, grading, excavation or drainage. Wherever possible, the City will acquire open space and flowage ease ments for conservation of these lands. PROTECTION OF LAKE RESOURCES WILL ALLOW REASONABLE ACCESS, UfE AND ENJOYMENT WHILE PREVENTING G^/ERCROWDING AND EXCESSIVE ENCROACHMENT. In conformance with Mn. DNR Shoreline Management regulations for recreational development lakes, Orono will prohibit overly dense development within 1,000 feet of Lake Minnetonka. Lake use regulations will be promoted to limit excessive boat density and overuse of sensitive bays. Land use regulations will be developed to provide reasonable control over building density, land alteration and lakeshore encroachment. LAKE SHORELINES WILL BE PROTECTED FROM ALTERATION. Shoreland areas, whether bluff, beach or floodplain, are sensitive environmental features with significant impact on lake water quality, aesthetic values and land use function. These same factors act to draw development which can be destructive if not properly regulated. Natural vegetation in shoreland areas will be preserved insofar as practical and reason able in order to retard surface runoff and soil erosion, and to utilize excess nutrients. Clear- cutting will be prohibited. In areas of soil or wave action erosion, material stone rip rap shoreline protection will be encouraged. CMP 4-13 !AND USE JUNE, 1980 il 7- DEVELOPMENT OR ALTERATION OF FLOODPLAINS WILL BE RESTRICTED. Most of the City's identified floodplains are located along the shoreline or within designated marshlands and will be protected by regulations applicable to those areas. In addition, where floodplains do exist on otherwise dry buildable land, construction, filling or alteration will be strictly controlled so as to avoid flow restrictions, to avoid flood level increases on other properties, and to avoid costly flood damage or pollution dangers. 8. NATURAL RESOURCE INVESTIGATION WILL BE REQUIRED AS PART OF ALL DEVELOPMENT PROPOSALS. This will include topographical information, soil analysis, drainage plans, vegetation plans, erosion control measures and similar site data related to each project, whether public or private. 9. ORONO'S LAND USE PLAN WILL PROMOTE THE PRESERVATION OF OPEN SPACE, LIGHT AND AIR. Sufficient open spaces will be provided in each neighborhood and on each lot to prevent overcrowding and to ensure adequate light, air and recreation for all residents. 10. PRIV.ATE STEWARDSHIP OF LAND AT'JD RESOURCES IS PREFERABLE TO INFLEXIBLE PUBLIC CONTROL. Private ownership, maintenance and stewardship of the land, including open space and many types of improvements, is favored over public ownership as being in the best and most beneficial interests of the property owner and the public, providing for more intimate, responsive and economical land management. 11. ALL LAND Ot-JNERS MUST HAVE EQUAL LAND USE OPPORTUNITIES. No land owner should be denied the right to develop his land by any staged growth, land banking or no-growth policy , provided whe development can be accomplisned within i-he performance standards, policies and require— ments of the Community Management Plan. 12. FUTURE DEVELOPMENT MUST ENHANCE THE COMMUNITY. Land development should respect and enhance neighboring properties and existing developed character of the neighborhood and the City, preserving the value of the land and the integrity, stability and beauty of the community. r C.MP 4-14 LAND USE JUNE, 1980 13. FUTURE DEVELOPMENT MUST ENHANCE THE ENVIRONMENT. Land development should respect and enhance the unique natural features of the site and the general environmental assets of the community. Preservation of natural views, vegetation, drainage and general respect for unique site features always produces more aesthetic results.and lasting value for the property owner and the community than does wholesale alteration of the landscape or mathematical division to the highest possible density. 14. PHYSICAL I.MPROVEMENTS REQUIRED TO ACCOMMODATE NEW DEVELOPMENT MUST BE PROVIDED BY THE DEVELOPER. Whenever required, improvements must be provided by the developer. Because the City has limited staff and limited bonding potential, physical improvements such as roads, drainage and utilities required to accommodate new subdivisions or development should be designed, financed and installed directly by the benefited developer as a precondition to increased land use density. In addition, this philosophy includes developer responsibility for special fire protection equipment or devices in the case of unusual land uses or building configura tions, and/or special security services in the case of unusual public safety situations. 15. ALL PHYSICAL IMPROVEMENTS MUST CONFORM TO CITY STANDARDS. Physical improvements related to health, safety or community syste.ms such as roads, pathways, drainage or utility systems will be designed, located and constructed to uniform. City- established standards to ensure proper functioning and compatibility with overall City plans. 16. DEVELOPERS MUST DEDICATE LANDS REQUIRED FOR PUBLIC USE. Land subdivision or any development that results in increased land use density, and hence increased demand for municipal services, will be expected to include public dedication of lands necessary for additional road rights of way, parks, playgrounds, open space, ponds or storm water holding areas whenever such facilities are directly used by the subdivided land or required by such density increase. CMP 4-15 I AND USg JUNE, 1980 If thi6 individual deveXopinsnt' s dansity increasa or impact is relatively small, or the layout is not conducive to public land dedication, then in lieu of lands the developer may be required ^o contribute funds for the municipal purchase of such lands or the improvement of such facilities • • -^*ect of suchproportionate to the cumulative density increase from multiple small developments. A. JL 17. NO LAND WILL BE DEVELOPED UNLESS IT’S LOCATION AND PHYSIC^ CHARACTERISTICS ARE SUITABLE FOR THE PROPOSED USE IN AC.,ORDANCr. WITH THIS PLAN. Land to be developed must be of such size, character and location that it can be safely used for the intended purpose without danger to health, without peril from fire, flood or other occurrence and without undue impact upon neighboring properties. No land will be permitted to be subdivided or built upon which is held unsuitable by the City for the proposed use because of flood hazards, inadequate drainage, soil formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety, or welfare o the future residents of the proposed subdivision or of the community. URBAN LAND USE POLICI.Ei 1.THE MAJORITY OF ORONO'S URBAN AREA WILL BE RESERVED FOR RESIDENTIAL LAND USE. Orono’s urban residential neighborhoods will provide the opportunity for a variety of housing tyoes and price ranges. Many urban residences will be intimately associated with the lake shoreline and will be subject to density restrictions because of sensitive environmental conditions. Low-density multi-family residential uses will be limited to locations near existing shopping and transportation services, but will not be appropriate within i.OOO feet of the shoreline of Lake Minnetonka. CMP 4-16 MINNEHAHA CREEK wmmMi l2 . WATERSHED DISTRICT ISSOOWayzata Boulevard Suite 611 Twelve Oaks Center Wayzata, Minnesota 55391 uxc MMMCTONIU « Sta • *4 offfc*: (612) 476-7970 t«x: (612) 476-7973 . . . * >• V *- • -'V*' BOARD Of MANAGERS: Thcmas MaoM. Jr.. P^as. • C. Woocro^ Lov* • Jonn L T):tfTas Cartaon Lnotty • Thmras W. LaBounty • Marwa S. Ha-iftet • Pi-raia G. Blixt 4 •: . . Iki ♦ > rr-f CF L June 13, 1995 U L______u \y L= i-ii^ Permit ApDli<^i^tlon No. 9s-l30t Applicant:Barbara Wigley 1035 Tonkawa Road Orono, MN 55356 .JUN I.S OSSS Location: Purpose: Citv of Orono, T117, R23, Section 8, NW 1/4 Shoreline improvement involving the installation of approxim^itely 55 lineal feet of boulder retaining waU, the placement of a beach sandblanket, and a floodplain alteration involvmg excavadon within the floodplain. Dear Ms. Wigley: At the regularly scheduler^ June 8, 1995 meeting of the Board of Managers, the subject permit appUcation was reviewed along with the following exhibits. 1. Permit application number 95-119 received May 10, 1995. 2. Site plan received May 10, 1995. 3. Tvpical cross section received May 10, 1990. . , . looe 4. Revised permit application with applicant’s signamre received June 1, 1995. This permit application was denied by the Minnetonka Creek Watershed District Board of Managers at the regularly scheduled mid-month meeang on June 8. 19^5. Sincerely, WENCK ASSOCIATES. INC. Engineers for the District r~f r Kristin M. George KMG/ljv .S ;y)l t5^ I • IMM-BW06125.LTR-A£5-lr» / $ -JM> I :> ()< /- • i'.. .a'-V.(•V*I- ✓ ✓ I .• ^ ‘)Ho - I ' i <^io- d] I /,(? I k" I ' I I rf I 1 1 9^1.0 B>' \ V •' I !* * •' • t 1 4 . fp''• 1 v» 1 request for council action COUNCIL MEET1N6 OCT 2 3 1995 CITY 0? ORONO DATE: October 18, 1995 ITEM NO Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2080 Greg and Dana Kellenberger. 4045 Watertown Road * Variances Resolution Application: Applicant proposes the removal ot the flat t%vo-stor>’ rear addition and lower level garage at the rear of the residence and replacement with a major addition to the south side of the existing residence. The addition includes a 24 x 24 attached garage to the east side of the residence. Additions to the residence w ill require ^ide and street setback variances to live acre zoning standards. Zoning District: RR-IA Lot area = 10+acres Pertinent Ordinances 1. a. Section 10.27, Subd. 5(A)- RR-1A zoning standards. Front/street setback. Required = 100' Existing = 50.4’ Proposed = 52' Variance = 48' o* 48% b.Side setback. Required = 50' Existing = 47' Proposed = 26’ V'ariance = 24' or 48®^o List of E.xhibits A - B - C - D - E - F - Application .Applicants ’ Request to Appear at Council Meeting of 10/23/'95 Applicants ’ .Addendum Plat .Map Property Owners’ List Neighbors' Acknowledgement Form (t* H • V Request for Council Action continued Page 2 October 18, 1995 Zoning File ^2080 Greg & Dana Kellenbergef. 4045 \Vatcrto\Mi Road_____________________ G - Location of Well H - Topographic Map I - Septic Report J - Septic Site Plan K - Existing Survey L • Proposed Site Plan M - Lower Floor Plan N - Upper Level Floor Plan O - Elevations Description of Request Applicant proposes the removal of the tlat-roofed, two-story addition to rear and lower level garage to the rear of the residence and construction ot a major addition to the rear or south side ot the residence. The 24' x 24’ attached garage at the east side will be located 52’ from the street lot line and 26’ from the east side lot Vine. Review E.xhibits G, II. 1 and J, the only suitable area on the property for septic use is located within the upper, gentler-sloped elevations at the west side yard. The extensive southern or rear yard have been rendered useless because of the historic horse use. The east side garage addition will still allow the use of the interior drive located along east lot line. The continued use of the existing driveway providing access to south yard will further protect the principal and alternate septic sites within the west side yard. The new curb cut at the northwest comer of the property has been approved by the City. At the Planning Commission meeting, the applicant noted that he would also ask the Public Works Director if the eastern curb cut could remain to sen. ice a horse trailer that w ould access rear yard along east drive. The property is not located within a shoreland :irea so hardcover standards are not applicable. As property exceeds 1.99 acres there are no structural co\ crage issues. I he only variances sought by applicant are the setback variances to the five acre zoning standard. Hardship Statement Review E.xhibit C. Hardships are reviewed as follows; 1. Location of existing residence on ten acre parcel. 2. The only suitable soils for septic disposal system is located within the higher and gentler sloped elevations to the west of the residence. Request for Council Action continued Page 3 October 18. 1995 Zoning File #2080 Greg & Dana Kellenbergcr, 4045 Watertown Road 3.The location of the well in the west side yard also forces septic further west on property in order to meet the required separation setback trom well. 4.Southern portions of the property have been rendered useless for septic development because of the historic horse use of the rear yard. 5.One of the three trees to be lost as a result of the improvements will be replanted on the property. 6.A major stand of trees and plantings along the east lot line will minimize any visual impact of the expansions within the substandard side and street yard. 7. No other variance will be required with these improvements. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the variance application as proposed. The enclosed approval resolution has been drafted per the findings and conditions of the Plannine Commission recommendation. COUNCIL .\CTION REQUESTED: To either amend or approve the enclosed resolution. Isv h A RESOLimON GRANTING A V^VRlANCE TO MUNICIPAL ZONING CODE SECTION 10^7, SUBDIVISION 5 (A) nLE NO. 2080 WHEREAS, Dana S. Kellcnbcrgcr and Gregory S. Kellenberger (hereinafter "the applicants") are o^^•ners of the property located at 4045 Watertown Road within the Cit>’ 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 10.27. Subdivision 5 (A) to penr.ii the construction of an addition to the south and west side of residence and a 24’ ,\ 24' attached garage addition to the east side that will be placed 52' from the street lot line where a 100' setback is required and 26' from the east side lot line where a 50’ setback is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2080. 2. The property is located in the RR-IA Zoning District requiring five acres in area. The property consists of 10+ acres. 3. iTie Orono Planning Commission reviewed this application on October 16. 1995 and recommended unanimous approval of the variances as proposed, based upon the following unique findings and hardships: A. The location of the existing residence on the 10 acre parcel. B. Tlie only suitable soils for septic disposal systems is located wiiliin the higher and gentler sloped elevations to the west and north of the residence. Pace 1 of 5 c.The location of the well on the west side s-ard also forces septic further west on property in order to meet the required separation setback between well and septic system. D.Extensive yard to the south of the residence has been rendered useless for septic development because of the historic t.orse use of the property. E.Three trees will be remov ed as a result of these improvements. One tree w ill be saved and replanted on the property. F.A major stand of trees and plantings along the east lot Unc will minimize any visual impact of the expansions within the substandard sr!c and street yard area. The Cilv Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighbonng property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difilculty; is necessary to preserve a substantial property right of the applicant; and would be m keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations ot the Planning Commission, reports by C ity stall, comments by the applicant and the eil'ect ot the proposed v ariance on the health, safety' and welfare of the community'. CONC LI SION.S, OKDKK .\ND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.27. Subdivision 5 (A) to permit the construction of an addition located to the west and south of residence, and a 24' x 24* garage addition to the east requirine a 48'? o street setback and 481'b side setback variance, subject to the following conditions: Page 2 of 5 1. j. 4. Applicant shall provide a surN'Cy locating all appro\-ed structural improvements with the application for a building permit. Applicant has been advised by the Orono staff that the c.xisting on-site septic disposal system is non-conforming and not designed to support the four-bedroom addition. A new septic system must be installed before a Certificate of Occupancy is issued to the owners. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application tor a building permit within one year of the date of Council approval, or this variance will expire on that date (October 23. 1996). Violation of or non-compliance with any of the temis and conditions of this vari.ince shall constitute a violation of the zoning code, shall automatically tenninate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms ot this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain ot Title ot the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of October. 1995. ATTEST: Dorothv M. Hallin. City Clerk Edward J. Callahan, Jr., Mayor Property Owner (s) Pace 3 of 5 STAI'E of MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument %vas acknowledged before me on this 23rd day of October. 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. Notar\’ Public STATE OF MINT^ESOTA ) ) ss. COUTSlTY OF HENTxEPIN ) On this dav of . 199 before me a Notarv Public within and for said county', personally appeared ____________________________________________ known to me to be the person(s) descnbed 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. COL'NTY (JF HENNEPIN ) On litis day of , 199 before me a Notar\ Public within and for said county, personally appeared ___________________________________________ known to me to be the personis) described in and who executed the foregoing instrument, and acknowledued that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Paee 4 of 5 CITY OF OROSO - VARIANXE APPLICATIO!j|i Initial Application Fee S200.00 (S50.00 per each additional variance) Renewal Variance Fee SIOO.OO (no change from original application) Variance tor non-conforming structures S-00.00 After-the-Fact Fees (Double application fee) - \. A : - .V . I J / ' A / ■ ‘ *. •• • - .* # V ■ t • I PROPERTY CsTOmUTION , ^ r t c■^-C A\MSiie Address Md----C eJ.^-C il\M; An^h legal description to application if no't included oiPrequiri/su^e^^ Date Propertv' Acquired 3I *1' 9 5~ —--------------------------- * — .... ____ (month/year) 1 I UU/ U.AJV/ W w t—'-'-J---------------IT / •£, \ Present use of propert}': -esidential -----other (speci,) Zoning District:_________________________________ .APPLICANT “ Name - Address:r prw\j2rf gidX Phone (home) 4-')(g ~ Phone ( work) 4 ~ in 0^^2ST:R (^f different than _ ^^hone (.work) ,~'i-dr=l l CN-i;>egS£a^--------------------------^‘P- \>^honehome) description OF REQL-EST _ Esta:jiedConsmicuonC^iS ^,POO Describe request in detail; addi-H eCl—jlfi V\Dr<N L—-------- additional sheets if necessary') V.ARJ.ANCES REQLTRED Lot .Area _Lot Width Hardcover Lot Coverage y Setback: F ront Side Rear Averase Lakeshore Other (specif)-) Tt \RDSHrP DESCRIPTION OF L'NXSL’.VL PROPERTY' CONDITIONS Desenbe undue hardship or practical difficulty or unusual properu' conditions preventmg compliance w ith Zoning Code lequirements. ~ (attach additional sheets if necessary) 1. 'i 3. REQUIRED SUBMITTALS All of the following information must he submitted hv th ? application deadline ^!ate in o rder for vour application to be considered complete: Completed Application Form / Certified Propern- Owners List of owners within 150 ’, labels and plat m^p (you must obtain this list, labels and map from Hennepin County Department of Finance, A-60a. /Cemn^'lf'SunTV Vftcensed suneyor) and me ude hartover calculations as required. In addition, provide one (1) copy .x To'’^MrapWrsurvey (existing and proposed elevations) if any ct^ges in existing grade are proposed. In addition, provide one (1) copy 8W x 11 for reprt^uction. Sketches or plans of floor & elevation views (provide one (1) copy 8 A x 11 ). List of the legal names (include marital status) of all persons with an interest m the property. Tliis would include name(s) of applicant(s) if not rurren: ownerts). As Li addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City suff. The Applicant and Property Owner must sign this application. Please remember that vour variance complete if the above information has not been included^ Administrator, agrees to pay additibnal fees (staff time not and/or consultant expenses incurred in review of this app icatibn and .cemfies that the information supplied is true and correct to the best of his/her knowledge. 4. 5. 6. 7. 8. 7- c 2,-'7SApplicant's Signature m'owifer^ere^v ^ and agrees to this application and further authorizes reasonable entrv onto the propertv bv City staff, consultants, agents. Commission members, and Council members for purposes of investigation and venfication of this 'equest. Owner ’s Signamre / ADDlicant must have all submittals into the Citv' offices 25 days before the Plannmg Cor^ission Meetim^ Planning Commission Meetings are held on the third Monday ot each month. \nolicants must b“e present at all scheduled review meetings of the Planning Commission ^fr'rmnril If an aoDlicant is unable to anend a scheduled meeting, please make arrangements “huvran in your place and .0 advise Ore Building & Zoning Office of this change prior to the meeting. r..'. * \ T?' if fk0LWs.+U ov Oaov^ V mr.^* >.05. BosC 'V ^St3« ,"Yv*^-V\(jL^ /{ vo'Vt— UdiXfl^-' ppy Q itfiVSr^ “io ^ V)(Xfe.l<X.*WCa-. ou^tJilrWcx^ O'— Oofe^ Wovv^ ^jood . a?Ip u\ \6i locoAia o-V 4o4^ MoiatiovJ (>VA \O0_ \aXDvA(4 U.V \ci ^ ^\aqjC^\^ UWii- +0 4lsas» OcrkjWtt. IxW-\^:>OvA.\o O \A^ VsJJ_,cV ^ C3P3Av VoIjH^ d,*. - "f*l /2 n.y\^doL^ •^^4k/L- ViC.\vj!| oW'CiaJ CL6v3>sCa \ ow C)OK)Wa&- 2-3> i^'lS'-I C\-< . V-r. 0 October 10,1995 Jeanne Mabusth - City of Orono Building and Zoning Administrator Post Office Box 66 Crystal Bay. MN 55323 Jeanne: The purpose of this letter is to state the hardships (or constraints) associated with building an addition on to the existing house located at 4045 Watertown Road in Orono, MN. We purchased this house in late January, 1995, and our intent is to remodel it prior to moving there in the spring of 1996. Our purpose for remodeling this home is to update it and provide room for our family, horses, and home office. We’ve chosen to remodel the house in its present location to utilize the first floor of the existing house as our office per the code that requires a home office to be part of the primary structure on the site. Adding onto the existing structure m its present location preserves the existing open areas for pasture and views for neighboring homes. It also helps to minimize tree loss by preserving the numerous existing trees along the north, west, and east property lines while still providing the required area for a new septic system (see report by S-P Testing). Because of the heavy clay soils and perched water table on this site, the septic system will need to be located to the west of the house (and north of the barn) in an existing lawn area (all other areas are too low or compacted to provide a suitable site for this system). This lawn area is the only other area close enough to the existing house that would provide a si itable building site for an addition. We realize that a variance is necessary to remodel this house: however, the actual footprint of the new addition will be no closer to the road than the existing house and will improve the least desirable part of this structure in it’s existing location rather than disrupt another part of the site. Thank you for your consideration - if there is anything I need to do prior to the meeting on October 16, 1995, please give me a call. Sincerely, Gregory S. Kellenberger I » , % * : • • •>• ♦•4*'. •• * . t ..>• ••»«• .«•••« 4 • •• « •« #•• ■ .;«'•. • • • •.- *4 / V*,»•> — w»v-• •. f i-:.. •-.*• • •.• • • • . . • . ,* *• »IMI It !/-(W-23-^y iKH^ tret «/*• _r;^- /O f\ ^ -/ ...■ w /F 1(4 • s *1 <V > ''"4%m , ^ *••••• • , lO'*# 4^ III ^ 4*0 '. M’C9 ’v.'*« *t,*^ A' X 5/-//5-23-V, M— - , ^ M t •• .« - • • » • / ♦ / ^ A fe/ «..■>* t — A * • v4»- V* *»^i'tt tfc’* ^: •* 4 .• :^3L m/.w Nuv^ **t *Sb ■^)Re^Afto -PA«K-Re *•• - *•« % t# n» * • *. • . • • ^ • ..* t I «>■> .* - A . ^ • * ' • • " ' . t ^ • M «f. . •• »•' • • *..*• • t «,. •,•«»• I ♦•'4 ;•» ••.»*.'-•• . * - 4 ' •, J ••.•'. • '.. • •. m , • ■ • ■ f m. W* *♦ • > ••»V**^*^,' • *.*•? • * •' • ....................................... •• v»^.........•'*■ • ♦*•■ •» • . *ki.r •. rf... ' .. . 1 .. . /. . . » I . »k . '••• > • • « • U',: -‘ i y::*..*. *. : * t V,,:,c iV: • • .• j ^. •. f •. . • • . V .*• -,» •‘•tr4 V*'.-. • • I ..••*' •%• i-'f.'-X .■*• *' • ». •% .,IL» . • 4 w, t •n* *«•••-"• |Uf »fTf M/lVffr.4‘ Vc- ••‘’i 'j'tITCH fPth *. ' •■^:WP MMitMCTAMAVEl iMM MM —ill LTAMPAYCR mic/mm ff» MM NAM TAMAYIR NAM/MDR '/-to ^ » or. :f4:V; A Vn^m' ■A?vi'; ■U' ‘t-m «A i* I ■ •■' ’ '0 yS- . ‘ .•■riv*.' '-s'tjv’' : f 'w .#' ■ ' • '4ri • ^ k*, i NENkEPIN COUNTY PNOPCRTY XNfOloanCN SYSTEM PMPEtTY QNNERS UST\U Sl-lli-ES 14 0007 04100 HATEIT<»#i 00 OttOfUN N SNOU DCOOlUN N SMOLL 4100 NATEOTCOti 00 NAPU PLAIN HN 55354 10 31-110*23 41 0004 04105 HATE0T0»t4 00 0 OIGUEOC A A 6Z0UERE PAmALEE HAOIE 5AHCHUK 4105 MATEOTOHN 00 HAPU PLAIN m 55359 30 31-110-23 44 0002 OOOM ADDRESS UNASSIGNED STAH Of OTAH Of HINN (DMR) ILUCE LINE TRAIL) • • AEPOrr ND. P1A5S401 PAM BSB Sl-llB-CS A1 OMl OMAO NATERTOm RO P A A R R SraEJA PATRICK A/RATHLEEN P SmiJA A040 HATERTQMN RO HAPU PUSH MN S5S59 SB Sl-llB-ES 41 OOOS 0404S HATERTtPM RO D S A e S KELLENBERGER DANA A GREGORY KELLENBERGER 40hS HATERT0»«4 RO MAPLE PLAIN m 55S59 SB Sl-llB-23 41 OOOS 04DBB HATERT0M4 RO C F DALE A 6 L PAULSON CHRISTOPMER F DALE GERI L PAULSON 40BB HATERTONN RO MAPLE PLAIN MN S53S9 SB 51-llB-ZS 41 0012 04025 HATERT0»t4 RO J S A P 0 RICE JEROME STANLEY RICE 4025 HATERTO»*l RO MAPLE PLAIN tt4 55S59 SB S1-11B-2S 44 0004 OOOSO CRISTOFORI CIR KENPRICK B MELROSE KENDRICK B MELROSE SO CRISTOFORI CIR MAPLE PLAIN EM 55359 TOTAL BATCH 502 00008 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 KNOHLEOGE AND BELIEF. ("') , ^ ^ ’ 2.0 5DATE }• .•■ ‘ ti) O } * •. ( ID „ , *~r*'*. - ♦ A :■% ■ i • . I * • ,♦ * .1Y>.I ., ' • ' •* . iL r'^i • ♦ 'ifiar;.-* ' - ‘Adj-acent Property Oners’ Acknowledgement Form /^cJ. ^ r _ C-^of^T^. {print name(s)l [print address] have reviewed the plans for the proposed taprovemea or proposed use of the propeny located at 4C4S wa;j£.'^cau, Eti also referred to as Land Use Application . o.------------- I (we) undersand that m executing this acknowledgement. I we) am (are) not asked to declare acproval or disaocroval of the prope.-iy or use but mere y to cornttm for the Council Lhit I (we) am (are) aware of the improvement plans and that the proposed neignbor s project or use requires Council approval. /■ ? - ^f '±. Owner Dare /In 4' Uig t m Propefiy Owner Date I (we) ijV'S Of-Jp (\ [pruiC namet.s).[print address' have reviewed the plains for the proposed improvexent or proposed use of the property located aj 4CA^ ^d^lso referred to as Land Use Application No.---------- I (we) understand that in executing this acknowledgement. I (we) am (are) not asked to de-'afe acproval or disacproval of the properu' or use but merely to confirm for the City Council that I (we) am (are) aware of the improvexent plans xid that the proposed neighbor s project or use requires Council approval. / ( I / ' O'f ■ 'QOj• f'- Property' Owner rh Date /O - ' Property Owner Date If YOU have any inionnation that may assist the City in the review of this Land Use Application, please ^bmit your comments to the Building & Zoning Office at least 10 days pnor to the scheduled meeting date. ► 1 V f • • * ♦ ;VV‘ i •. •/-“ * f M ,• •■ I . •. • ■• *. • % "n t % ) S-••* • * »•» •r I . • • * *. • • - • ' Is , - .• t * .' * 5 • • • •» I - ^ j V • s.-:•■■•,: * *1 *•' ' * . ■•* <•*•. i : INSPECTION HECOno PUMPOUT RECOHO DATE compliance DATE GALLONS AJQ JuKPf^c //UG Ahrif\ syirr>'A, ajot" cocA~r-^f^ q.- .f-ifo ./yn V<Tf^ fS^Q_ “ ________ _ Sy^4^n^ ^1j /yrf /oft-jQ*** ______L' ” ’• C- CONFORMING S - SUBSTANDAfU) N NONCONf Of^MING LOCATION SKETCH / . f • / I I ' • I I I • I I « \ I V ^ I I 1 V T • \ ; I / / V I lnclu(l«; 1) W«>tl location UJ A TITS TCV'M 2) Distance from home to /C.fc>, septic tanks, dist ho*c. ami drainfield 3| North amiw ami tn.j<j I 1 I • ' * ‘4 ^ I k. *•'. I. LEG r c =: c T - C ■i------1------i- e Q y ___/ B D C V r 1 N, A’ *•» L> S' A •* • 'VMik 9 C Df TF i; tr ^ TF Svj JT*W/ J r ••i r — oCZ3^P»» •"« ♦ S-P TESTINGr INC.St0v6fi S* — MPCA C^rt. No. 62. S5l Katycid Lar.« N= • St. Michael. MN 55376 • (612) 497-3566 SeDtenfcer 13, 1995 Greg Xallenberger 4045 Watertown ?-d. Orono, Henn. Co., MN ]j n/■ i ■■r% ^ /jfcy -ta' J J -•is*.-''/ TMs site has an existing Son-Cor.fornir.q system which was not found Out the soils saturated) less than 3' below the ground sur.ace in areas for a system. When the house is reconstucted, supply line from the home to the existing tan-k or tan<s & abando , pump & fill with soil. This On-Site Sewage Treatment System is Designed for a f bedroom home Designed in accordance with the Minnesota o Control Agency Chapter 7080 and local ordinances. The soils on this site are a clay loam. A seasonally high ^anex: table (mottled soil) was found at 14" to 22" below ..he ground surface. Due to the seasonally high water taole, a Pressurized Mound System will need to be installed to treat septic e.. uen -he prooosed sites are on approximately 6% to 9% slope i will need i-rrvLirbTel^r^^iroi^snriewIg^ ?rnr"Ab s?^«rwhich=J^^ “5ls?urbed or has mortUd soil greater tehn L2" below the ground surface. The soils at a depth of 12" have a percolation rate averaging 5.4 min/inch. A pumping chamber will need to be installed to lift the effluent tio the trscitmsnt dr6a. capoed: 3e sure the rock and sand rill material are clean. xhe sod'layer below the entire mounded area must oe turned over, ]us break uo the sod, be sure not to over .vor,<. a pump failure. CONT'D 40*55 Watertown Rd Orono (2) than 50' away & will also need approval from the city Inspec-or. Keep all hea’/y equipment off of the proposed treatment area before and after construction. The treatment area should be marked orr before construction. This Design is not valid i the system will need to be relocated if failure tc protect the areas proposed for On-Site Sewage Treatment occurs. With proper installation and maintenance, this system should have no problem in treating septic effluent effectively. Nothing other than gray water (laundry, showers, etc.) human waste 5t toilet tissue should be disposed into the septic tanks. Garbage disposals are not recommended. Excessive amounts of soaps, cleaning agents s. chlorine agents may kill the bacteria needed to treat septic effluent. Additives are not recommended. Recommend to pump s clean your tank through the manhole by a certified pumper every year if you have 1 tank and every 2 years if you have two tanks. St^en 3. Schirmers SBS/ds Vc 0 d /z 3 \/f .T ‘i' ,1 vl lli ulf }fi r <0^ n r> 0 ? V-r K \» wcx r- I P i I I^ ( iui \ t K<n Ta 4. 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'« V ‘ •■ . .‘t / • r ^ i; i“*‘- ; *r'*‘ ' ■ 'f I . ^ >rT -U'* . n •' • ' • ■ . • .i. " • . . • • : I i* ■ ■ I : • ^ ‘ • .V-* 4 I* J* . • * ;• . > « \ &.i ■ ■' - .! • . M »;• * .A } .1 . , •» . %S 7 •' A. ..'i •; • v: !i • I r -n------1— T \ n 1 1 1 •1 1 1 1 1« _________ Vjw o O o ■ i . •V • • 4 I :r- Ik2u 3 i hu 0z 5d I 3 r vwU:^CilM£ETlNG OCT ? 3 1995 REQUEST FOR COUNCIL ACTION DATE; October 19. 1995 " Of ORONO ITEM NO.: > J) Department Approval: Name Jeanne A. Mabosth Title Building & Zoning Administrator Administrator Reviewed Agenda Section: Zoning Item Description: John O’Sullivan. 3340 Shoreline Drive/2420 Shadywood Road - Council Direction A. 2420 Shadvwood Road - O’Sullivans/Navarre Auto Repair Slatf seeks Council direction concerning an expansion in food service use within the "convenience store". Review E.xhibits D. E and F. In the original layout when the store was opened to the public, food service occupied a quarter of the store area with packaged food and other food items such as hot dogs cooked or heated by microwav es. At the time of the opening. Mr. O'Sullivan advised that he was required to get a license from the Health Department as food was prepared on the premises. The food serv ice area provided heated and refrigerated food display units and a counter against the wall that provided additional food items. There were three or four small tables for customers' convenie^., ITie current food service area now tKcupies approximately half of the conv enience store. A separate counter area has been installed within the middle also providing expresso cotTee. Additional stool and counter area is adjacent to the center counter area. A separate cash machine is located behind the counter area so that food service customers can make payments at the food service counter rather than at the central cashier. The Building Deportment does not issue permits for the relocation of internal structures or the installation of new fixtures. In late summer, the Building Inspector stopped the installation of a take-out food service window being installed at the northwest comer of the facility. Refer to E.xhibit F. ITie work was stopped because a building permit had not been issued (Code would have required a building permit for this type of window installation) and the improv ement proposed a major change in the operation of prov iding food service. WTien start'compared the current level of food service use with the original. statT adv ised the owner of a need to apply for a conditional use permit tor a restaurant use. Mr. O’Sullivan has set aside hi plans to install the food serv ice or take-out window at this time. Review E.xhibits B and C. During the review of .Application #958 in 1987. the applicant made the City aware of the multiple uses and services that would be provided within the convenience store area. The City quts.ioned the need for a zoning amendment for convenience store use with serv ice station and decided against it finding that the physical limitations of this site and sUuidards of the B-1 Code would be adequate (refer specifically to the section of the statf memo in Exhibit C that addressed this very issue). r I. Request for Council Action continued page 2 October 19, 1995 John O’Sullivan, 3340 Shoreline Drive/2420 Shad>n&ood Road, Council Direction ___________ The .87 acre site has obvious physical limitations with limited parking, multiple uses and traffic layout or design pushed to its limit when large-sized deliveiy trucks arrive at busy limes with customers for both convenience store (gas pumps) and Na\ arrc Auto. Staff lias discussed the expanded food seiv ice use within the convenience store with Mr. O'SulliN'an. The owner feels that we are singling his operation out, noting there have been no parking problems or accidents at his facility because ot the use. In tact, he noted the intensified use of the food service has happened gradually over the years without anv problems or concerns voiced by the Orono staff. In my discussions with John O Sullivan, I advised that I would feel more comtortable it Council was asked to provide direction on this issue. Based on owner ’s current level ot food serv ice use, should the owner tile tor a conditional use permit? Refer to Exhibit G, Section 10.40, Subdivision 4 (C and D). If Council finds the current level of food serv ice use does not require conditional use review , would Council require a conditional use permit if owner installed a food serv ice pick-up window'^’ COUNCIL ACTION REQUESTED: To provide direction to statt and owner. B. 3340 Shoreline Drive - Former Site of Martin's 66 Serv ice Station John O’ Sullivan and Irv Smith are the new owners of the former service station site. The new owners have removed much of the equipment and material stored on the site. John O'Sullivan asks that he be allowed to continue using the fenced in area for limited winter storage for the 1995-96 season. His letter notes that all equipment stored must oe removed by May 1. 1996. refer to E.xhibit A. .As Mr. O'Sullivan notes, this use had been conducted by Martin’s, the previous owner, over the years. The use will not be intensified. In fact, this will be the only use conducted on the site'during the winter months until the new owners decide what new business use will be installed on the B-1 zoned property. .As outside storage yards are pemiitted only in a light industrial zoned district, staff advised Mr O'Sullivan that we would seek Council's direction on this matter afso. COUNCIL ACTION REQUESTED: To provide direction to applicant «>n the temporary use of the fenced in area for outside storaize of equipment and vehicles through May I, 1996. fl!PieiPi^*> *• ■'>*.♦' •>» v» Cr' *•■ L«* -' ♦* ^ L. .Ar-'t-f^.wm '“ »•>. t' aiASb, :.^ i^- > I* s»» ■ i., ►■_:*»< >•*•♦.* , -» •; •'orv ■ ■ ' Of • OftbNO City of OROIVO **HOtUI»0»j M3 Of Tm£ CITYCOUBat > ^ % # 9*- • * ^ / f ^'4. .•--V'*'.• 'i ‘jLI ■# .■■ ■.; ^ • ■•.*"?,» ? . • . . ?w::>'j*w ‘- ■' > *•l^^*^*f**‘« -iT^ ^ •'■" - ^' • • • • OSB c, -----vJ«?^ ";««««» __________* --------------------------------------------- ■ •W vW,'/| ?^SS. <f'«rein<if t®r »*i»f.-.. full Mr*^ lO.40>ita*^«rl«nc« of 15 ‘ ”"***^*^*‘ v«ri«oc* • P«r Section ^of 3 .tall, or of th« ccn^rc‘al .«« . 1. t X n L*i^. W4 9i^r^'■^'7’ ■ y of a coowttm; nummmotmi <r ------'-—• w xr ‘ -1^r ,m* •ODlleo»4^ 'J-_ _ - 1^___ *«»...*4t»a« ■» •- _ / '»».*• /!'<» ■>' - «^r-* ■•■<v'.‘'*'»-ifv 'V* ' ‘ -^.4 -■ a. Zoning Pi i* #§5#;’/}.i.*r l ; • locotodri* the B-i. R.t,ii ‘ *5L *. 1 r *•■:•'’• * .. . * t*. i, ^ . *,• . . * *' ‘ 7 ■^' . ^ 4 V • . ^ 1 ^ -ol * - M » . rrtm: ; riffle ''j.. •• ■is ii 'V > • ' -^ >• '-if' City of OROISO RCSOLUTtOAl Of The crnroounOL >•0 ^^•rty !• rpytomlMtely 3 7,it« «jf, or .IT «. •*! TrnilBf District rsquirea 20,000 m,t. in In «r«« ' li. m7?t3tki. «. j,„.'■-~^. --i?T-"r ”.‘*A*‘ «PPn>v«» °« tw prapoM eoMllUMUl »•• •r/. 2srr a ,’.*»«• .«uk - » v,:: ■> .. Mrrpv sk«p# of the let «t tho oortJMit GorMr #f the7. - Iji* .. 0*p.rf .nt o£ TraMp9Tt«tlMi V'? s . *4 w fLl^ Xocatleaor th« ejn.tin, ••rvic* ' ' ' 'the « pzzklmq ctsll v«ri«nc« ,yVQUXDd bMSd OB tlM folloivina flnilinflSf Of 9 stalls i* ------------------\fr . folloirin, nndiD,., ™.' . .-S-'J- * -■■■ ■■• A 1 ■ are I Malle ere evailab] ^:*arvice qerege. that the cosidi* do not apply $ that qrantlnq' ditloaa* llqhta properties; f • ’.f lard •l^h^XSar^r^dUt^it «^*^^SrWa5SS^jfcinn-to pnoarva^AinSSatlal applicant; And tfoold bo IS'JSsaslsoMMltht tt>a d.rt.t3taad.ista«t^.tha tool eg code «od♦iTt'» A ^ fcasplSS.irlth tba intent and objactlrss^ tha jUJSlSdi ■ I rIi III ■ Iao riaa of tha City. —«.-«■ w «-«*• #&th( PadSLlAp. * W* . • * «*- . ' r*' .r . . - .;, -7 * • :f.ldC------------------------------------------------— — ^ -~ - Cft U^^'■ - /.-‘-V • mm^M .:f ^ ^'V*^ '»* > • #-r ^'* >5^i^l*'V4 t. ^.4?rV;:r .i * ♦jp*' ’: -• I'V.;-^ I ■ C.TY ^ I OF j*; I ORONC^ City of ORONO KCSOUmCM OF the city CXXJUCll. ttCL __2279 ■ B ’ '*'‘5§ '£-m cominams oi thm «bov« findin9t, tb« OfcwiO Cit9 MOM p«r Muoicip*! ZoolM Co6m Uctiam^ It p«rkiD9 varx«nc« p«r Soctloo lO.Clr*^^ 10.40« Subdxvxtloo 4 (S) ycosto O; ipOBOlOB of tb« exlstlB9 foil BMViM SoOdiviaioo 10 approvBB tJM OOMBCdol.*'' '1 b9B by Jack w«l*h and Aaaoci^tM MBtiona. •5-018 cUt«d §/yO/rt^i\ '^X' ^ If S.M. dated 7/14/87 and rmwimuA ttk: ;1B9 of July 27, I9«7j * • >, iooot ' V- >., •■ « - • -. i' • J s >' ^—rrrTZ T .. ■ ys^ ta.'- 3 ..e ■* ^yamrv^mu < t* i /v,', - V-v--.1'-} r'>‘J v f-^ or goocroi iwmwma on thm plant no Utom,. 5SSS£rk«9lat«rad aur ijaprovMacta; ^.rt ::vfi rt9bt-of-i<ay to- ty may croato ip:'- • - • «,»• H < diB •J-.aa% T uBlt to bo;doi ir.of;,«rarkin9 pLaoa. !(<•.,• '-A AqraaBant tO'''ljt___ ■B all dlatutbed araaa, ropavioo ^ BTMa. iMtallatloo of curbs and 9uttara '- ^ rM«lMd by tba icc.w.o. isf- ■?'V of Credit io an aaaooBt equal to 150* of / vt rlopriyrBManta sat forth In itaai 0 above. , < . •.*,i*'* • . f ; 4v .-^7^ ■ ml■“ .-.•;iMS^.l!J! ■<Sh- ..-'4» . •orklM'^Srewla^B to bo axihol ttod alth buildioq pezsir^'MpUfiS' '\Si. - sust bo oignod by an architect and an enqinecr licenaod wlthia 4S^«f;*C. / : 5^ato of miiBOOota. . ■*■ ‘•;»..--*-'f4-*r. ' .»»• au^fc«wv Boaaa bO BOTViOed by a SprlftklOTrj :ri.^|?>v’*'/'5.'AppB^la B of ..the Btato. Bolldljeg COdo and the drive on thoj ; the bolldiag posted as a Lane*. .1 »o / h*;r V MVA /n /'r*Va <»t >» ♦% w M>f^: iiv" aici-iu M:i. l!:- ^ •w?n-^.< “V r\ ICCIWUli.^sIk.* '■f.: " ;• ' ary Of ORONO k. M n Tfj } »•• ^ ■•^ «>►, - «•. ■ s;j •,/*:.’» yii , : ‘ "■ ’^• . \t‘/» •■*-«. |. ||'- ^■ ‘-:% I 1^'^.. ttt E'* lx '! ► *. w: Ifjp* ,• ’ ‘■:.--K‘'-'.-w*ii'f iP, ii gci*^• ‘wyMinp»*: I * ■<)>, «'■ liitiji I I #ViV. § 'tt- ‘ : m vi hv.-ii'"Vi> ’', ‘ kt : r' .,-- . V ■' ■- ..- ^.,: - '* ' *■ ' •- '" »jk» ^ ■'■ V ^ ___Til® tittt, rcvlM of tbLo oppilrafcloa took place at tiM FIomIm \’^,®®**^**^** •ootlog of SopCoobor 1#« 19t5* The applicatioo rooolood .-^■■ooiaoM support bot lockod roqalroO aobnittal informatioo emeu as ,'^otllfiapo# loodocopiso* bmildiof oloeatiooe, sii;n«9e aad llfbtlM plOBO* (JX^T^**^** CMBiMioo MBbors !:od so pcobloa with the sultl^ssoo scooo^^^ J^flsdiSf tMm ssos oil oospstiblo so oostssporsry life ;>cylee trood is oosMrelsl rotsii dsveiopsent. FlsBoisp ;^*^MBboro di4 iMOO OMOors witli tSo osooooies setback varies ',^4Spplieost for Cbo proposed -anrirr oeor tSo oaa lalanda. Tbs :^>iss io ssoloosd £«losreZZ^tlos (Sibibit r). la that pnveosl.s 10 ^ flaaopy vss roqssotod. The applicatioo wsa tab lad it J^^OBdiso roesipt of sdditlossl Isforastioa aod rev lev of the sits plM by<^^ .’ii tlio loasopis COMty aifhwsy Oepsrtaoat sod the City Eneiosor -------— ■«---------------------- — * ^ _________________m ea^ .^ . ^^▼ooyopor-Oorvieo Costor bss proposed adding 3,309.44 a«f;foo^ bttildlll^a TtkiM Is A 234% MpAAsiofi (canopy not iAClatedf#'> A Is s sis.OSS ocoopoocy •• csrwssh/Mrvice ccntar/ooovsslsoM vtltfoo osos srs slloosd in the S^l tone. & « ■' y '• ’ I *■ ■ .jv t*>B oapsnsloB of tho fell oorvioo roqaitea approval of a JL0.4d«t*BbdiTloioo 4 (B). ............ '_7 \ . 7 .%>!; / ftoi Allot# * iofcdl;r££^::^S'^:.Plsooing Coa.i..io a convaniaoi nded againat tAo quoationa of s, TOllad^brlbte j^ysical alto an MTfMV^MSWTMn t a. « • t» i ? I -4 if' V •. ^; * ‘ S f I •A tbo BorthMeat cornor ^•d with tho Couiity^a ^ ^ ^ __, .JmhII to caaosaot ityvfor. ssposoiM. of rood and oidovslk. Theaa inpre tpprorod., by tbo City os port of ths fotare upgrading of Co d|!eaast]!j^itosd4l3Mad4J.9>;i r diaidiotSTSorTlfot;:,lS;»ppllcsor.IotXX;;.bo,atokod to deed eaa ^n^PlsBtisyo will .hoeo to bo lljkitsd'lo bolgbt adjacent to the sidoMlk slsM? •<?«^^tbo.tlght ti« Isos roodooy. Sucb of the other areas of exlotljif^lsad^^ iooor bss called for coocroto esrb'.Sfld'^ m/ t r♦ •• j •: i;> .* -’l •'‘’k/njv-f ... ♦ • *1 M.f , V * ‘ li Vi\^>iyN«l U4 ^1[p- }ihl^ • • mi*'' ^ ^ Y ^ ---------------------------------------- 1 . __________________ <SWKJ^ \_d LtaiM/'JS. ‘ f * u *•'■HI *.vv•'.'••• I" <; • f *y. f . ■ ■ *• !'•' 1 V'i jl •J. . iP ,• , /• • • 1 A § 10.40 (5^ supplies. lots. 21.Postal substation. 22.Real estate sales. ail vari23.Retail food of 24.Sewing center and yardcoods 25.Sporting goods store. 26.Tailor shops. such as27.Temporary sales 28.Travel bureau. n 0 4h« ^ •Varietv store. 30.Wearing apparel store, shoe 31.Off-sale Liquor Store varieties and home Christmas tree Source: Ordinance 29» 2rtd Series Adopted: 2-23-37 B. Municipal Buildings. Municipal cuildings where the use conducted is customarily considered to be an office use. Subd. 4. Conditional Uses. Within the ^ Sales Business District no structure or land shall^ce used .or of the following uses except by conditionax use permit: A. Garages. For the servicing and repair of automobiles provided repair functions are totally enclosea in a B. Motor Fuel Stations. Subject to the provisions set forth in Section 10.61» Suodivision 18. C. Restaurants (Class I). Food is se rv e d to customer while sea-ed at counter or table. Cafeteria - Food selected by a customer while going through a line and taken to table for consumption. Neither live entertainment nor intoxicating liquor sales are permitted in Restaur**'^': (Class I.) S .rce: Ordinance 67, 2nd Series Adopted: 5-6-69 D. Restaurants (Class II). Fast Food, Convenience, Drive-in, and Liquor Store Restaurants. A restaurant where a ra^oritv of customers order and are served their fooa at a counter Tn^cackages precared to leave the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served, or restaurants which serve intoxicating liquor cr have live entertainment. £. Off-Street Parking. Off-street parking when the r^'nc'cal site of the off-street parking abuts on a lot which is another "3" or "I" District and is in the same ownership as tne land* in th*e "3” or "I" District and subject to those conditions as set forth in Section 10.61, Subdivision 4 and such other conditions as found necessarv by the Council. -i-5 T (4 —i—84)ORONO CC r ^ I Bonestroo Rosene mrv Anderlik & ^ I Associates Engineers & Architects fJctobcr (8. 1995 Aro* Otl« C iorttftrM. P f A P§'A •‘f* C P:V X A % 99km 1 w » » *9mAff A Qkrwmf^. ■ E t Mai • i t tf t;***r? t tv 1 r • *ArMn t »Acti Pi » *- fc Ukt V .-Hm, • I t’cn#ia lif fettf* P ■i n;* , lami i»f ;‘4% J l r* f t 1 ’ i • Ar*«v*sitr ,•£StA,rv^ D C.» *i G*eiV! f Caoa PE C A r A M«rt It Ani'l >»c Ca I*e* 0»t«.ce A f C H0fp% PI itTff A f* t A C««^ #£<«#n i. A t » • f V»r* A ft <1A y A Mar 11 t *wl »J» HOWA* t A S^i*» M C »» A •*au* i CA»«a«« % 1 A f 09'^»r .• £ ■f3 < »"i»rA f t cw**a* j Art^ior* •• f Thr.ffni • A#V|#»i®f. A. A A S*e* iketiwi<r 11 .»r"*e> ' ff -s^tf • iV*fer*rf »«• • f T.% € A Cf*'.« » ■Vt**.-* ♦ trA* »t w 1* <,.|2 , u»;iAf t r '.♦•V M#*^. .'€ *w%#j A MA«I C « tf A ? ’ < n u,r* .• • tfc f ^ ^ f ’ et V *«.«• tt y >lrn«#. t''#4 ,•’1 ‘*^|‘ “» 1* a , e* ^ 1 . V C.»i » • t* . • t « Aft" - 4 •«.-'•»*» f £Ax^ mt M * Xl- * li hAi* Z/ ff •.xmn r ». .,<4t Mf. Joliii Geiijarusoti City of OfoiK) P.O. fio\ bft Cr>suUOay. MN Re: W11 low Dr I \ c O V et 1 a y Our l-lie No. 13 WI Dear John: // i.'I2TIi\6 OCT ? 3 1995 CITV Of ORONO We have prepared a Change Order lor ihe overlay of Willow Drive from South Dickey Lake Drive to CSAH 6. Ihe existing street surface has deteriorated and the overlay will extend the life approximately five (5) years Tile work woitid be constriicled and paid lor as a Stale Aid jJtoieLt. liie Cliange Order an'iouni is $32,160.50. The City will have a balance of $33$.IXXJ available m the Municipal .State Aid Account after cnciimbrarccs for ciirreiu projects are deducted. The City will leccive a construction apportionment of approxnnaicly S2.30 (M)0 in |yo6 Please coiilncl tins olttcc it you have .inv .jiieslioiis Siiu erelv. BONHSTROO. ROSn.NF. .ANDFRl.IK ct: .ASSOCXM'ES. LNC ' P ' //L. Cilenn U (,\.’ok ORCipr •IT w WINCH MEETING REQUEST FOR COUNCE. ACTION OCT 2 3 1995 CnY OF ORONO DATE: October 19. 1995 ITEM NO: Departmeot Approval: Nmb« Ron Moorse Title Citv Administrator Admii^i^tor Reriewed:Agenda Set'lion: Item Description: Count> Road 15 Roadway Project - East End Background . At its October 9 meeting the Council indicated the estimated $6f ,000 cost to the city for right- of-wav acquisition for the County Road 15 project would have to be substantially reduced before the city would authorize the project to proceed to the next staite o; planning and design. The Council requested Hennepin County to review the potential wetland mitigation area on County 15 to determine the amount of credit the city could receive toward its share of the right-of-way acquisition cost. New Cost Estimate The attached lener from Hennepin County sets out the estimated costs for the County Road 15 reconstruction project from Orono Orchard Road to Hillside Drive, and the construction/right-ot way costs for the Bracketts Point curv'c reconstruction project. The city’s share ot right-of-way- costs for the project at the eastern end of County Road 15 is estimated to be $65,000. less a $7,500 credit for the w'etland mitigation site; which reduces the city’s estimated share to $57,500. The city’s share of construction and right-of-way costs for the Bracketts =nt curve project is $61,500. The city’s total estimated cost for the two projects is $119,006. An MSA project/budget spreadsheet showing projected .MSA revenues and expenditures is attached to show how 'the County 15 projects fit into the .MSA project funding priorities. Resolution The attached resolution authorizes the County 15 - East End project to move to the next stage based on the $57,500 cost. The resolution also requires Council approval of final plans prior to the final authorization of the project. COUNCIL ACTION REQLT:STKD: .Motion to approve deny the adoption of a resolution authorizing the County Road 15 - East End project to proceed to the next planning and design stage. t > Li:-' ; .riennepin County JL An Equal Cpfvttunuv Erapli'ScC J M ('iniTity AJnuruNfr\r*.f October i8, 1945 Hr. John Gerhard.son Director of Public Works City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, Minnesota 5o323 COUNTY ROAD 15 FR0I4 ORONO ORCHARD ROAD 10 HILLSIDE DRIVE COUNTY ROAD 15..AT, bkAUhirS KilNl Dear Mr. Gerbardson; ' The purpose of this letter is lo convey information on ricjht of way costs for eSAH 15 from Orono Orchard Road to Hillsido Drive and construct.ion/ riyht of way costs for CSAH 15 at Brackett’s Point. CountY Road 15 From Orono Orchard Road to Hil Isidc pri.yc As directed by the city council, we have (1) re-exutnined ttie right of costs and have (2) estimated the value of city-owned right of way that could be used for wetland mitigation. Based upon a field review of the impacts of the affected properties with nur Real Estate Manager, the estimated right of costs were adjusted downward. We believe the right of way in Orono v:oiild be acquired for approximately $130,000. Orono’s snare of that cost would he 50* or $65,000. As you recall, a fielii trip involvir.q you, Joel Settles, Dave Swenson and myselt, yielded that city-owned right of way may be eligible for use as a wetland mitigation site. Iliat right of way is estimated to have a value of $15,000. According to I he founly’s Divisiun of Cost Policy with Muniripalitics, right of way costs for wetland mitigation would be split 50/50 between the city and the county. Therefore*, a credit amounting to $7,500, could be aitplied against the city’s rigliL of way costs thereby reducing the city’s estimated share to $57,500. I h-j'.ii Imciu <*f I’ul'liv W orks \\ iv*ii »un ■ Hvjpkir.:-. SSvH ;oi:) 93C :c;o F-xx.mi:) rooiiri:) '696 ..LM f Jf*v» L-.. Hr. John Gcrhard^un P^ye 2 Cptmty Rosd 15 at nr.ictcetl*s Point Since the council iseetiny of October 9, 1995 when the cotjncil approved the preilainary layout we have estimated the construction and right of way costs for this project based on the approved concept. The folTowing t.\bulation provides the totals of those costs and the breakdown between the city and county: Unit Estimated Construction cost Estimated right of way cost Hennepin Coiinty $195,000 _32,50q $227,500 Qrofio $29,000 37,500 $61,500 -Total $224,000 65,000 '$289,000 The estimated right of way costs are based upon the approved layout wtileh shows all of the proposed roadway reconstruction contained within the existing right of way. The right of way costs are for temporary construction easements and permanent retaining wall easements. The majority of the damage is from tree loss and fence relocation. 1 understand this information will be discussed at the October 23, 1995 council meeting. Jim (Irube and I plan to attend the meeting. If you have any questions regarding this information, please contact nx? at 93C-2523. \) A Sincerely, Bruce M. PoUezyk, Design Engineer BHP:niak REQUEST FOR COUNCIL ACTION C0UNC1LMEETIN6 OCT 2 3 1995 CFY 0? ORONO DATE: October l>). 1995 ITEM NO: / J Department Approval: t/^ Name Tom Kuehn Title Finance Director Administrator Reviewed:Agenda Section: City Administritor's Report Item Description: Adoption of Assessment Roll - Highway 12 Sewer and Water Project Phase II Attachment: (A) (B) (C) (D) Letter of notification maile*’ ’OM 1/95 Petition for local improvement dated 7 24/89 Resolution to adopt phase II special assessments Assessment roll phase II The July, 1989 Petition For Local Improvement agreement between the City and the Petitioners provided that the special assessments for the sewer and water improvements alone Highway 12 between Brown Road North and W illow Drive be levied in two phases. Phase I was assessed in 1990 to be collected from 1991 through 1995. The Phase II assessments are to be assessed in 1^95 to be collected from 1996 through 2002. which is the final year of the 1989 Revenue Bonds. Phase 1 of the assessments was for the sewer and water trunk lines, while the Phase II assessments are for the sewer capacity upgrade and the water well, water pump station, and water tower. The assessments have a 7.75“ o interest rate from their adoption, except that any prepayments made within the first 30 days after their adoption arc interest free. COUNCIL ACTION RKQl ESI LD: Adoption of the restilution adopting the assessment roll for the phase II improvements along the north side of Highway 12 Vtween Brown Road North and W illow Dnve. PROPOSED MO HON: - Moved by.____. seconded by._____. to .idopl Resolution 4 . adopting the assessment roll for sewer and water improvement - phase II on the n^hTide of Highway 12. between Brown Road North and W illow Drive. Ayes___, Navs 'in ATTACHMEyr A ikrL THE LETIER OF NOTIFICATION WAS SENT TO THE FOLLOWING: William W^ and Mable J. W ear 36 HackbeiT)' Hill Orono, N'IN. 55356 ClifTord and Louise Often P.O. Box 249 Long Lake. \IN. 55356 Mar>' L. Ringer 405 Willow Drive South Long Lake. MN. 55356 Sidnev B. and Barbara Rebers c/o Rebers Construction. Inc. 3525 Webster Avenue Mirmeapolis. MN. 55416 Re: PID 34-118-23-24-0001 2120 Wayzata Blvd. Re: PID 34-118-23-21-0002 2160 Wayzata Blvd. Re: PID 34-118-23-22-0014 2350 Wavzata Blvd. Re: PID 34-118-23-22-0014 2350 Wayzata Blvd, Re: PID 34-118-23-24-0058 Su2arvvoods Outlot F SAMPLE LETTER OF NOTIFICATION October 10. 1995 Sidney B. and Barbara Rcbers c/0 Rcbers Construction, Inc. Re: PID 34-118-23-24-0058 3525 Webster Avenue Sugarwoods Outlot ? Minneapolis, MN 55416 Dear Mr. & Mrs, Rebers; This letter is to inform > ou of the special assessments which are to be levied on the above referenced property in Orono. as stipulated in the PETIIION FOR LOCAL IMPROVEMENT" agreement with the Cit>, dated August I. 1987. Copies of the agreement and the special assessment rolls have been enclosed for you, along with a notice which details the payment options and interest rates. As vou will recall the Phase 1 special assessments for the water and sewer improvements were levied in 1990. to be collected in five equal annual installments of principal, capitalized interest, and interest on the unpaid installments at the annual rate ot 7.75“o. from 1991 through 1995. The Phase II special assessments for the water well. pump, pump house, water tower, and sewer trunk capacity improvements are to be levied in 1995. to be collected in seven equal installments of principal, capitalized interest, and interest on the unpaid install ments at the annual rate of 7.75%, from 1996 through 2002. ,\s noted in the 1987 agreement conditions to Phase II. item 3. Total Costs of Project "In consideration of the action of the City Council authorizing the construction of the Improvements. Petitioners hereby agree lo be assessed their fair share of the cost of the Improvements, including reasonable engineering, legal and administrative costs incurred by the City, according to the number of units allocated to each Petitioner (as set out ojjposite their signatures hereto). The City Engineer has estimated that the assessment for each unit will total $1,810.00 for Phase 1 Improvements and $3,240.00 for Phase II Improvements. The City may. at its election, determine to perform certain Phase II Improvements as a part of Phase I and increase assessment for Phase I Improvements by up to $1,000.00. provided that the Phase II Improvements are ratably reduced such that the total assessment for Phase I and Phase II Improvements, regardless of when constructed or assessed, does not exceed $5,050.00 (plus capitalized interest, if any). NevtrtiKlcss, Petitioners agree to be assessed for up to 10% more than such amount. The final assessment roll shall be based upon the final cost of the Improvements and the units allocated to each assessed Petitioner." Based upon the foregoing, the gross assessment amount for Phase I and Phase II is; S6.366.15 which is then reduced by the prior assessments levied, deposits made to the Citv', and interest earned on the deposits Tc arrive at the net assessment per unit multiplied by the number of units to be assessed TOTAL PHASE II ASSESSMENTS S3.813.35 x44 $167,787.40 If you have any questions, please call me. Sincerely, Ron Moorse. City .Administrator NOTICE OF SPECI.vL ASSESSMENT PAYMENT OPTIONS The levy of the Phase II special assessceats is scheduled to be adopted by the Orono City Council at the October 23, 1995 council meeting. The assessments may be prepaid in whole, or in part, any time up through November 30. 1995 with no interest. .After November 30. 1995 interest will accrue for ±e M^'^o^^t or 1995 on. Any prepavTnents made alter No%emi.ed, jO outstanding assessment principal. • • I K. miri -n ceven eatial annual installments with the realThe assessment pnncipal ma> be pmd m ses en beginning with the taxes estate taxes, including interest on the unpa.o pnnvrpal ««>'-'■ « payable in 1996. and ending with me taxes payable in -0«.. » t ••AWtcmvcAT S ?ETXT—CK TCR -r\^ vxxsirr ^,l 19S9 T= THE crr^ cGLn.c:L or orcso. ^mzsorx:2 CITY ccu:<^-^ ---------- , o^ real-- , • ^ *11 — ie ovners r^rSo-s'^-ed Peridicn'^rs, :rcuiavard (U.S. liig-’-ayThe uncers-g^e- j 3-- wayzata -^^tT--^v-2.za. Boulevard Prcperry -f-of Hoad and "“i '-“o"Vd ^ ‘‘annexed ^*erer^ •and ;• <.>o-"-‘^ed cn •'c-'on or san-.-a.-/ «ay:3t-’. ==“-T.,'.", -e'-Viv lacioicn ■■^“. “;'.-“7f tJ ur.der-iaRer. iy ■■Assessec "'%ies '(oOe ■•7=?-=:,--|:-,d,2es Chap'^r 429 4S sewer ana 'f-t'^-^'.-^isuanP Po Minnescpa C'dv of o-o»»j follows: •pbp-se !♦ a) ■ ^_ _ _>; -0 serve rhe Assesse ver and waner . . .^ «.A ^ II• a)Well, ?orp ! ^elared ir.p fc)Sewer upgi Merrocolida ,-ecPicr.e for Assessed Parcels and I k 4« 4^'-' lonnecr Phase (a) nrunk ..-.-e.,jcnion and conneccions.Warer rower ■^o.-c — ac _ -V.O following cor.drv.-cns. suorec- -o engages -.*e .. .- ,rd Sag'-^-^atlcrs^—^ ,Deci: icacions -or 1- £ASii.^:f^-f-j5JJ7-det;ailer?rans ^n-^s? or Cipy Engineers_.c |r^^^ . il%a"rA'i°n °= coaoierron scncracr PP"''*® ' =': ail necessary a-a rcrr.s a^.w. _ easenen--. scecifica--ons pernanen. _-'-“::^-;^e iacai-ec ?^--f f: .,,-1 as rhe C--. Enqirieer iCo* I- Inprove.uer^^ ^^Jl,,-3venenwS. Plans an- conolenrcn dhe ?hase_^a. coordinared wi.h is prepares -o phases I -*,- l^V driveway curd curs,speciiicacrons^^-vw.^_^^ piacenenr ser-/ice sruos. -eririoners 1- -T--■ ^ rv services insivisu^- _ available du dde ---£/ -ooiricners sna-- •“^■®/ orar'-' easenen-s —IT, --0 cirv, a-- _ __w-ovn-sends «-—s--*_ 4- c 0cs^ ^ ^ oz — • ^— .1.—4^— —— '^3,cn;icessary_^or -- ^ ee.,^ -ccrdaPle Assesses -.-e Ciry snai- y® ^ ->^e Cidy and dh-easesenn recues^^ saoisrac-w.-, - <^Q-n and on w.erns - -?Si-.ed Perlricner. C;\DCCS\TnAPCTITIC«.r/21/89 0 \ I ® ^ ' nCUJrTBCl D)* r ;ngineerir.g^ %!''c^-ri^gine^r has --r- esS^v. rr=u^;e-ia^:s° fpwp C'“V nay, a«- -i- -j-.ase - an> **.'-- _ --ar ^“e Shisa :£ -v“'-I= ’-= SI, 300.00, •;■ ior Phase I V^/Vazahl- reduced suco of ?.hase " j a'nd Phase :: “|”x*'-“eed' ss.'os'o.oo (pldsassessuer.t does o=h ex-e do ...-er. =="=■---”V-=su, ui a.-.y) • h'e'-'sFdha-ass^' ~.,e _-rnau Vess^ **-up uo 10% ^* _‘l TC., final cost, or --Q elch assessed PePitrcr.er. *» • —"^,^0 r- "he CPSP c" =-ieciai assessnenc pecitioner's ■l.:"pe- -o pp« City as ' - parcels in and capitalited leviea au^.^ a"i installments ^ installnents live V-) e^ua- w’th interest, ^.n -i.-. r’-v at tne wine interest (it ' ^pe to ce establ v£hea_ oy ^3'-./ pePitioner ' s annual Innrovenents o<..nu .>.^0.--levied agains- of the sale -I Inorovenentd, s^a-.-.n ^^^1 share of tne cos. parcel or ; i^e^est (if any) such Petitione s —V’Zrpal and ,.-'eno ‘of the initial installments o. ?—Z^ vear follcving the .a,_ue... neqinning m -ne ^l^se I Inprovencnts . Ills.- ihsrallnenu ror P-^^e . „idburse i5oa-nharsemen:^i-3ssesSdo^j^^ M i ze the numher of uni^s “• . s---———-—-TTl^^sto oe aoie ---j- ^-.---v'e a developmen- any ?--i*v~‘f the city refuses - Zlge’^/ed herein, tnreserved .-.ere..., ---•_-^ ._.rer ro '“._-^-s^ - rhe plan al-cwing -f-oral assessment ---- Z_-aT-est thereon. ^^foie^'^’fWahir'to’ "n Wsui if accruingPetitioner -s ^ snaii ce -si t?e' nrursemen - ' '■* y special assessne. ^ vec-r.-. 4 r? — • ‘"T? eveio ^ ■» h. ^ rc ? ^ f rr.er. — fer er.e rest pare sarly ca j'e: ^ **•- ■ payee nt ir full J rr -- ve been paia. -- rr,=. ,-^ = e’-ved nunber na rne _ese_^ = - __•<=- oorirloner 's -'ir.ai ti- -------;- ro payee.-- -• -ii -©ipiurse:: ..-^-3 is ta.ten ?----- snail ai'-«*adv m.smrter.c m. “ rcrrior. oi dhe sssessoer^^ pe-.r-.ro., r rh _-Jcrp_ . --..-.ereon) rer^ renSeini^’ sue, -j —'^er-en) s ever ^ -n- oomion Special -^ss...;sment ?e - ..‘^^ecn) allocated to -n ~ay Installments (a.nc -..--- rem^ursene.nt has Kotvithstancing a..y --9 C: eoC2\TTV\?€T I T I CM. 7/21 /S'? o; special assesscencs due ac~ua, ajiv ir-suallaenuac.—-ue, ■r^T-. v,e fullv tjaia ^hereunder shall - - - herein agree that; ^ Ve=a?n?ng'' in^^allrSnts^ ^^ete^r parcel, ^oT! V oaid; prov^aea -haw -- allocatec to 'r ° ailccatec wO a •oarsuant to a ceve-wnuncer Ow un--s - ->;Qp^er's parcel, ^-Tr ,.ssessaent snail on-/ a portion °=^^^*lwVcltv, then spec-a- a^ portion, plan approved to the units a—wC--e be fully paiG -- - ^ ^ oetitioners Williai^ 7 v^^iusion •^rrf7inool"~and PIN “of ani-Mabirir^^ unSerJ^orthat 0002) (the successors or assigns. fwora the Ciw/ thenselves “ ^sceive sewer ano. -^ -en (10) wue wears “ wears will t® f-i^os will be reserveo hereunder. ^-or "fi^®* (= ) wears*,* or their for the Wear At such tine -ese^ved units and "^rZlLo^rorassig^, V®ti.ion te%**ssessed based upon re^llnn%°Ited to -^-P-\Tde1er;ine^ by the City. -hen current uni- .a-ues . ,n- unxe vaxue:^4-^ leviacs. cy .esc Xion^. |S§£Srp I (er.d sufcsecusr.d.y lfV_ and Auril lotd of ..^e -oi- city O—-per 10th or any -wac* the I®--tione-s - interest ■ s"understocd^ ano^^acree-^ an.nual ir.sta-—w”ill ?®y e’erk one-hair (1/“| following t.ne w"* ^h interest o^ or before ‘f 't such first 30th. All!r-ifc!tv''Sre%%ro^o^t-^efotc t.e rsllS;ents__«^tne '■“ nstallnents s..a-- -'-en the oenera- p-^-e--. ~~ _ -- -d>nneoi-.. ^-•••o .^■—"<oer- ——s .'^-‘=>asurer o- ------i~- resoec — e ---- iicccs due upon .-et--—— ^ Cour.cil pursuant tne special ll - ili^rinents .^^.^^'^-^c^-ls'-and •-■Ken tne any yesr,_ —..g.surer c. "h'^^'i-c.t ureperty. assesscen- _-c^os becore cue w- w - . Ce-.e- - . -,^-;w4-ner V —' ^ o ^ — C P- — C r3 »_ ^ ^ *3^!20SX w.i-w —i ,3 w;s-vgr ■ • :prr -;;,cnts to -^w -egarc ;• do waive. any suoVlenental ®ssessne.nts, ^w.-n eiiiiscents, -ny^ding • .J'lt^Jo.e'r 4 29 ir any --= yviirrto an'y nctices 1^-Tsti^u-ons^r la'-s of tne hearing, of -he City, ana t.ne w-nsw-wocher ordinances or ^he^_ United States. Scate of Minneso-a o- o- 3 C:\DOCS\Tm?eTITtOM.7/21/2V — ^ *’ v0. sin^jacitioners -?-- special —.sorarU hereby V • 10 b^nefheirs, PeticioA shall !=e Assigns ol the parties he^”;r^resentatives successors^^d a^^^^ shall be brndrnj on a - ^Sne on-air 'Sb^s he" hee^er=ovenants Sf ?^litto^eS: iheir heirs and assrpns. t)-Tm£IISE£i-I nr T ^ — - -J r.^^ w NO. OFallocated to ?^~^TIONE?. ‘'-j-nera ----------------------- —__f»•.—1 ^c*''on Co* Recers ConS'—.c---* A' * . -s a s T n -*> •» —7 i — 000 X' sr.<i_ 2 6 HeO'.ber t00 ^ ^ '*^1 s.^ •. W k . / • rv Hil 5 r 3 5 "s 'TjAjALSkJi^^ -7^6 HaOcherry Hill Orcno, 55350 cZi'-f /• ,/ / ■ ^ ' ■ ■iZL-Cr.ar-es J . R ancer 405 Willow Orive Sourh g La:-:e, M3J 55356 , W A 4' 4 05 Willow Drive Sourh ^— Long Lake, MN do3-<5 Mary Li C:\C0CS\TTWeTITlC«.7/21/S ’ 10 r^' 40 /;> ? 3 • tt-»—iir^ —1 iWk . •I p • A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR SEWER AND WATER IMPROVEMENT - PHASE II NORTH SIDE OF HIGHWAY 12 - BETWEEN BROWN ROAD AND WILLOW DRIVE WHEREAS, pursuant to notice duly given the petitioners between Brown Road North and Willow Drive North, on the north side of Highway 12, tor the improvement ot sewer and water and the special assessment thereof, as described in the Petition For Local Improvement, dated July 24, 1989; NOW, THEREFORE, BE IT RESOLVTD BY THE CITY COUNCIL OF ORONO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of seven (7) years, the first of the installments to be payable on or before the first Monday in January, 1996 and shall bear interest at the rate of 7.75 per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1996. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification ot the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city' treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; he may thereafter pay to the county treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the city treasurer. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4 The clerk <hall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 23rd day of October, 1995. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk mgrn^^df^men/r 0SEWER & WATER IMPROVEMENTS - NORTH SIDE OF HIGHWAY 12 -- SPECIAL ASSESSMENT CERTIFICATION ROLL 10/23/95 PHASE 11 P. 1. D.ADDITION CODE ADDITION WATER SEWER TOTALASSE 34-118-23 21 0002 41334 Section 34 Unplatted $14,102.40 $5,306.75 $19,409.15 34-118-23 24 0001 41334 Section 34 Unplatted 14,102.40 5,306.75 19,409.15 34-118-23 22 0014 04527 East Willow Woods 76,743.98 33,703 02 1 10,527.00 34-118-23 24 0058 04272 Smjarwoods Oullol F 116,229.51 51,557.71 167j787;22 $221,170 29 $95,955 03 $317,133.32 89PHASE2 F REQUEST FOR COUHCIL ACTION COUNCIL MEETING MTB: October 1595 , (""n'OfOBONOHITEM NO: Ztea Description: Juvenile Curfew Ordinance Change Exhibits: See Attached Discussion: Effective 7/lf9S, Hennepin County adopted an ordinance regarding juvenile curfew. It was found that the Orono curfew ordinance is less restrictive than the ordinance adopted by Hennepin County. Minnesota Statue 145A.05 (Subd. 9) dealing with local ordinances provides that the governing body of cities may adopt ordinances relating to the public health which are authorized by law. However, the ordinances "must not conflict with or bo less restrictive than ordinances adopted by the county board within whose jurisdiction the city or to*ra is located." Because of this change the Orono ordinance must be brought into compliance as required by the above mentioned statute. Attached table reflects comparisons between the Orono ordinance and the Hennepin County ordinance. STAFF RECOMMENDATION: It is recommended the ordinance be: Age 12 and Younger: Home by 9:00 p.m. (all nights) Age 13 thru 14: Home by 10 p.m. (all nights) Age 15 thru 16: Age 17: Home by 11 p.m. (Sunday thru Thursday) Home by Midnight (Friday and Saturday) Home by Midnight (all nights) COUNCILACTION REQUESTED: Motion to approve ordinance 2unending juvenile curfew. forM/cocinci l.act [ HO:H crrv OF oRoivoAgenda Section:City Adain. Rpt.an ordinance regarding :urfew ordinance is less County.^4. local ordinances ?t ordinances relating to ver, the ordinances "must ■dinances adopted by the toinni is located.**> must be brought into te •» Orono ordinance and the AMB1 ITl TO JQVHKILt CTOPXHcounty-uiS Wnlli cuJliu‘1!* Cfonty Board aaandad thelaaiei>i-<_r ccBply with Changes in atatalegislation. The aaendeents take iiiect July ij 1995.Ottrfew. substantive changes in thecvucfmM hours vere develooed^^fo^^T**** i"? olds. Seccmd, new«r- were aeveioped for juveniles undsr 12 years old.The amended curfsw tinea are as follova:* ^2 and YQ^nffer — weekdays — Home by 9 p.a.Friday and Saturday — HomB by lo p.m.* Aa^ 12 tig 14 — Weekdays — Hoce by 10 p.n.Friday and Saturday — Home by ii p.xa.* Age IS n. — Weekdays — Hose by ii p.a.Friday and Saturday — Home by Midnight. rsday) urday) foras/councU.act irfew. TT^ea ’d t-CiST S&6T-£0-d3S rtmFSWaunt/ Board enandad the li changes in state July If 1S9S.Lve changes In the lar olds. Second, nev under 12 years old.rollowatby 9 p.D,lay -- Home by 10 p.n. p.m.Hone by li p.jn.P m aHome by Midnight.Age Orono Ordinance Curfew HoursI Und*r 12 10:00 p.m. • S;00 a.m.7 Days a Week12-14 M0:00 p.m. - 5.00 a.m,7 Days a Week 15-17 I 12:00 Midnight - 5:00 a.m. 7 Days a Week County Ordinance Curfew Houis Orono'sOrdinanceis:9:00 p.m. - 5:00 a.m. Sunday - Thursday10:00 p.m. - 5:00 a.m. Friday, Saturday10:00 p.m. - 5:00 a.m. Sunday - Thursday11:00 p.m. - 5:00 a.m. Friday, Saturday 11:00 p.m. • 5:00 a.m. Sunday - Thursday 12:01 a.m. - 5:00 a.m. Saturday, Sunday Less restrictive by one hourSameSameMore restrictive by one hour More restrictive by one hour Same ^ClST £66T-£0-d3S F ORDINANCE NO., SECOND SERIES AN ORDINANCE REPEALING ORDINANCE NO. 9.14 ADOPTED 4/1/84 ANT) ORDINANCE NO. 71, SECOND SERIES ADOPTED 4/14/89 AND ENTITLED "CURFEW”. The City Council of Oroio (»rdains: Ordinance No. 9.14 adopted 4/1/84 and Ordinance No. 71. Second Series adopted 4/14/89 and entitled "Curfew" are repealed and is replace by the following language. Ordinance No., Second Series. Curfew. Subd. 1. Curfew - Juveniles, ages 12 and younger. It shall be unlawful for any juvenile, twelve (12) years of age or younger to be on or present upon any public street, alley, park, playground, or place open to the public, or place of amusement and entertainment, vacant lot, or other unsupervised place in the City between the hours of nine o clock (9:00) P.M. and live o’clock (5:00) A.M. of the following day. This Section ^hall not apply when the Juvenile is accompanied by the Juvenile ’s parent, guardian, or othe» adult person having authorized care, custody or control of such juvenile. Subd. 2. Curfew - Juveniles, ages 13 through 14. It shall be unlaw ful for any juvenile thirteen (13) through fourteen (14) years of age to be on or present upon any public street, alley, park, playground, or place open to the public, or place of amusement and entertainment, vacant lot. or c.'wr unsupervised place in the City between the hours of ten o’clock (10:(X)) P.M. and five o uock (D.OO) A.M. of the following day. This Section shall not apply when the juvenile is acco; paiiied by the Juvenile ’s parent, guardian, or other adult person having authorized care, custody or control of such juvenile. Subd. 3. Curtew - Juveniles, age 15 through 16. It shall be unlawful for any juvenile fifteen (15) through sixteen (16) years of age to loiter, idle, w-ander, or play in or upon any public street, avenue, alley, park, playground, or place open to the public, or place of amusement and entenainment. vacant lot. or other unsupervised place in the City between the hours of eleven o’clock (11:00) P.M. to five o’clock (5:00) A.M. Sunday through Thursday, and 12:00 .Midnight to five o’clock (5:00) A..M. on Friday and Saturday. This Section shall not apply when the juvenile is accompanied by the juvenile ’s parent, guardian, or other adult person having authorized care, cusuxly or control of such Juvenile. Subd. 4. Curfew - Juveniles, age 17. It shall be unlawful for any juvenile seventeen (17) vears of aee to loiter, idle, wander, or play in or upon any public street, avenue, alley, park, playcround. or place open to the public, or place of amusement and entertainment, vacant lot or other unsupervised place in the City between the hours of twelve o’clock (12:00) Midnight and five o’clock (5:00) A.M. ITiis Section shall not apply when the juvenile is accompanied by the Juvenile ’s parent, guardian, or other adult person having authorized care. custody or control of such Juvenile. Subd. 5. Curfew - Liability of Parent(s). It shall be unlawful for any parent, guardian, or other adult person having authorized care, custody, or control of any juvenile under age eighteen (18), to knowingly permit such juvenile to violate the provisions of Subd. 1, Subd. 2, Subd. 3 or Subd. 4. Subd. 6. Curfew - Liability of Proprietor. It shall be unlawful for any person operating or in charge of any place of amusement, entertainment, or refreshment, or other place of business, to knowingly permit any juvenile under the age of eighteen (18) years to loiter or idle in such place contrary to the provisions of Subd. 1, Subd. 2, Subd. 3 or Subd 4, and such person shall immediately order such juvenile to leave. If such juvenile refuses to leave such place, such person shall immediately notify the Orono Police Department of the violation. Subd. 7. Curfew - Exceptions. Such curfew shall not apply to any students under the age of eighteen (18) years who are lawfully attending, going to or reiuming from school, church or community sponsored athletic, musical or social activities or events. Subd 8. Curfew - Penalties. 1. Any juvenile under the age of eighteen (18) years found on or in any public street, avenue, alley, park, or other place, in violation of Subd. 1, Subd. 2, Subd 3 or Subd. 4. may be sent or taken home or placed under proper custody by any police officer of the Orono Police Department. 2. Any juvenile who violates the provisions of Subd. 1. Subd. 2, Subd. 3 or Subd. 4, shall be deemed a juvenile offender as defined by Minnesota Statute. 3. Any juvenile, guardian, or other adult person(s) who violates ih. provisions of Subd. 5 shall be guilty of a petty misdemeanor. 4. Any pri'prietor and/or employee(s) vvho violates the provisions of Subd. 6 shall be guilty of a petty misdemeanor. This ordinance becomes effective from and after its passage and publication. Passed bv the council this 23rd day of October. 1995. Edward J. Callahan. Jr.. Mavor ATTEST: Dorothy M. Hallin. City Clerk REQUEST FOR COUNCIL ACTION G0UNCILMEETIN6 OCT 2 3 1995 CfTY 0? OROWO DATE; Oct 23, 1995 ITExMNO; Department Approval: Ni*ne; Chris Miller Title: Asst. Finance Dir. Administrator Reviewed:Agenda Section: Consent Item Description: 1995 Third Quarter Revenue and Expenditure Report The following report sumnr .-izes the 1995 revenues and expenditures for the third quarter ending September 30, 1995. Summary of Revenues The General Fund revenues for the quarter ending September 30, 1995 total S2,l 13,078. This represents approximately 65% of the projected revenues ‘or the calendar year of 1995. The revenues are somewhat higher than expected due to higher interest earnings, a mid-year increase in permit and plan review fees, and a significant increase in the level of contractual inspection and plan review services provided to surrounding communities The revenues received, along with beginning fund balances, have adequately funded expenditures through the third quarter. The City received one half of its property tax share in July, and expects to receive the final portion in December. Summary of Expenditures The General Fund e.xpenditures for the quarter ending September 30, 1995 total $2,191,995. This represents approximately 67 5% of the projected expenditures for the calendar year of 1995 The expenditures paid are generally at expected levels, with a few exceptions being noted in the Combined Fund Expenditure Repon. All General Fund expenditures have been adequately funded by revenues and beginning fund balances Expenditures in all other City Funds are at expected levels and have been adequately funded. Council Action Requested Information purposes only, no Council action required. T 3t»i I • '-■» aty of OroBo 1995 General Fn«<l Revenue Report As of 09-30 -95 Pepartment Property Taxes 1995 Budeet 1,647.940 YTD Budget 09-30-9^ 813.970 YTD Revenues 09-30-95 818,542 Licenses 14.630 10,973 9.932 Pennitt 118,370 100,615 131,005 Intergovernmentril 441,935 309,355 .320,311 Charges for Services 880,140 704,112 725,973 fines & Forfeits 66,000 49,500 5U57 Interest 41,000 .30,750 44,012 Rents 5,400 4,050 3,600 Sale of Equip/Land 4,000 3,000 33-33 1 Miscellaneous '’S.600 19,200 5,013 •) nsx 1113,078 DoLar Increase (Decrease) from YTD Budget (5,428) % Increase (Decrease) 0.00 57,555 (0-74) 0.0.1 0 0 55 0.00 340 0 0 0 0.00 25 0 0 0 0.00 70 0 0 0 0.00 435 0 55 55 0.00 0 0 733 733 0.00 100 75 0 (75)(1.00) 74,160 55,620 56,674 1,054 0.02 50 38 0 (38)(1.00) 0 0 0 0 0.00 74,310 55,733 57,407 1,675 0.03 City of Orono 199S Combified Fnsd Expenditure Report [ Department FINANCE Personal Services Supplies & Maintence Repairs Professional Service Dther Contract Service Dtlier Charges TOTAI. nN/\NCE LEGAL Professional Service 3ther Contract Service TOTAL LEG/\1. iENTRAI. SFRVICFS Supplies & Maintenance Repair Communications Printing & Publishing Utilities Contract Maintenance A: Repairs (1) ata Processing nsurance piial Outlay Other Disbursements 1OTAL aiN-nUM. SFRMQiS HUMAN SFRVICF^S Other Charges TOTAL inJM/\N SFRVICFCS As of 09-30-95 1995 Budget YIV Budget 09-30-95 7U14 15,450 86,%4 15.375 15.375 53.636 11.588 65,223 11.531 11.531 YTD Expenditures 09- 30-95 Dollar Increase (Decrease) I'rom TJIIBu^ct % Increase (Decrease) 56,723 8.293 65,016 11.116 11.116 3,088 (3.295) i;07i (415) 129,960 97,470 92.293 (5.177)(0.05) 50 38 0 (38)(1.00) .3.140 .3.140 3,631 491 0.16 1,000 750 851 101 0.13 1.000 800 814 14 0.02 1.35.150 102,198 97<89 (4,609)_ (0-05) 0.06 (0.28) (0.00) 1.3.046 9,785 9.170 (615)(0.06) 13.475 10.106 8.977 (1.129)0.00 5,450 4,088 .5.125 1,0.38 0.00 .36,050 27.038 17.014 (10.024)(037) 24.740 19.792 23.624 3.832 0.19 38.6.32 27,042 27.723 681 0.03 67.1.33 67.133 53,746 (13,387)(0.20) .3,080 0 0 0 0.00 4,964 1,241 1..383 142 0.00 ;06.565 166.224 146.762 (19.462)(0-12) (0.04) (0.04) City of Orono 1993 Combliieil Fud Eipenditnra Report As of 09-30-95 PepartmciSt, 1995 Budget YTD Bu<%et P9-.10-95 riT) E-Tpenditures 09- 30-95 Dollar Increase (Decrease) Klpnrj \1D Budget % Increase (Decreaysc} POLICE Personal Services 977,S99 694308 694302 (6)(0.00) Supplies, Maintenance Sc Repairs 50300 37,725 34,955 (2.770)(0.07) Professional Services 8.000 6,000 2,3.46 (3.664)(0.61) Communications 9,200 6.900 6,543 (.357)(0.05) Printing, Publishing, AiKertising 2,600 1,950 1,642 (308)(0.16) ’Jtilities 9,000 6,750 4,020 (2.730)(0.40) Rentab 17,000 0 0 0 0.00 Contract Mainteiunce Repairs (2)30,400 22,800 27.972 5.172 0.13 Data Processing 26,090 18363 16,625 (L6.3S)(0.09) Other Contract Service 9300 7,440 8,024 584 0.08 Insurance 28,460 28,460 26,143 (2,317)(0.08) Other Charges 2,710 2,033 2334 502 0.25 Capital Outlay 34300 .34300 29,609 (4.891)(0.14) • ^ mmmm 1OTAL POLICE 1305.459 867,129 854,705 (12,424)(0.01) IRE Professional Service 206,479 154.859 155395 7.36 0.00 TOTAL n RE 206,479 154.859 15-V95 736 0.00 »>LANNI NO & ZONING •crsonal Services 279.135 195395 190,139 (5.256)(0.03) Supplies, Maintenance & Repairs 1.700 1,275 627 (648)(031) Professional Services (3)3,000 2.1‘>0 3.018 768 0..34 ’rinting, Publishing, Advertising bOO 600 748 148 0.25 .tentab 500 375 95 (28<J)(0.75) Contract Maintenance Repairs 1.950 1.463 92 (1.371)(0.’4) Other Contract Services 2.000 1300 1,386 (114)(0.08) Other Charges 2,100 1375 813 (762)(0.48) TO DM. PI ANNING & ZONING 290,985 204,432 196,918 __.L7.514) .(0.04) City of Orooo 199S Combiiied Ftutd Expeoditve Report A» of 09-JO-95 Dollar Department aCERGENCY PREPAREDNESS JtOities ijostract Maintenaocc St Repairs Jtber Contract Service )tber Charges TOTAL EMER, PREPAREDNESS VTD YTD Increase % 1995 Budget Expenditures (D^reasc)liKrerse Budget 09-.30-95 09-.30-95 From YTD Budget (Deere, se) 100 75 75 0 0.00 1.100 825 612 (21.3)(0.26) 500 .375 195 (180)(0.48) 152 114 1.35 21 O.IS 1,852 U389 1,017 (372)(0.27) ^MAL CON1ROL Vnooal Services Supplies, Maintenance, Repair [xTntract Maintenance & Repairs [)tlier Contract Service Insurance Dtber Charges TOTAL ANINLM. CONTROL ENGINEERING Professional Service 10r/\L EN'GlNliERING STREET MAINTENANCE Personal Service Supplies, Maintenance & Repair Professional Services (4) Utilities Rentals Contract Maintenance «St Repairs Other Contract Service (5) Other Charges lOl AL S'lEliET MAlNTIiN/\NCE 13.460 1.3.460 8.076 5.956 8.076 5.956 .(rilOl Cl 1201 IU15 8,061 5,914 (2,147)(0.27) 300 225 179 (46)(0.20) 1,100 825 28 (797)(0.97) 1,550 1.16.3 160 (1.00.3)(0.86) 0 0 0 0 0.00 0 0 117 117 0.00 14,465 10.273 6.398 (3.875)(0J8) (0.2^ 10-261 227.884 159.519 142.0.3.3 (17.486)(0.11) 92.000 69,000 .32.926 (.36,074)(0.52) 0 0 513 513 0.00 17,800 13..350 12,541)(810)(0.06) 1.3,000 uoo 98.3 (317)(0.24) 109.500 82,125 81,26.3 (862)(0.01) .300 240 2,356 2,116 8.82 .3,911 2.933 2.744 (189)(0.06) 464,395 328,467 275,358 (.5.3,109)(0.16) w City of Oroao 1995 Coiiri»iBed Fud Expesditore Report Ai of 09-30-95 Department, fAMS & RECREATION Personal Services Snppiies, Maioieoaocc & Repair Professknul Service Printing, Publishing, Advertising Utilities Rrnub Contract Maintenance & Repair Other Contract Service Other Charges TOTAL PARKS & RECREATION 1995 Budget 26.065 2,800 0 30 350 2,000 15,600 3,000 150 ^TD Budget 09-30-95 20,852 2,100 0 23 263 1,700 14,820 2,250 113 \TD Expenditures 09-30-95 37369 1,070 430 0 324 1,971 15,053 0 324 Dollar Increase (Decrease) From YID Budget 16,517 (1.030) 430 (23) 62 271 133 (2.250) 212 % Increase (Decrease) 0.79 (0.49) 0.00 (1.00) 0.23 0.16 0.02 0.00 0.00 49,995 42,120 .^6.541 __14,422 034 RECYOTNCr Personal Services 1,690 U68 1,840 573 0.45 Supplies, Maintenance &, Repair 350 263 0 (263) (1.00) Professional Service 22M0 1,650 0 (1.650)(1.00) Contract Maintenance & Repair 6,000 4,500 2,439 (2.061)(0.46) Other Charges 65,920 49.440 48,598 (842)(0.02) O --------- 10 L\L RECYCLING 76,160 57.120 51877 (4.243)(0.07) SPFrTAI .SFRVICFN - CONSULTING & POLICE Personal Services (6)7,241 5.431 13.654 8,213 131 Professional Services 21300 16.125 13,%3 (1162)(0.13) rOT/\l. SPEC SERVKTZS 28,741 21356 27.617 6,061 0.28 SPEQAL PROJ HClS Personal Services Other Charges (7) Capital Outlay Transfers Other Disbursements TOl Al. SPIX'IAL PROJECIS /VN'D COMlNGENaES 101AL GENF.R/\L FXTND 4,(Xi0 3.000 0 (3.000)(1.00) 0 0 9.4S8 9,488 0.00 1,650 0 0 0 0.00 64,900 0 0 0 0.00 51300 11875 5,882 (6.993)0.00 I2Z050 15.875 15,.)70 (505)(0.03) 3.245.015 1284358 1191,995 (92.563)(0.04) I City of Orono 1995 Ccmbuietl Fnnd Expeoditure Report As of 09-30 -95 Departmen t SPECIAL REVENUE FUNDS PARK FUND IMPROVEMENT EQUIP. OUTLAY (8) BUILDING OUT! AY TOTAL SPECIAL REVENUE FUNDS TOTAL CENTRAL ANT) SPEQ/\I, REVENLT FUNDS DEBT SERVICE 1982 Improvement Bonds 1985 Improvement Bonds 1991 Improvement Bonds 1992 Improvement Bonds 1989 Water Improvement Bonds 1^9 Sewer Improvement Bonds TOTAL DEB'I SERVICE WATI-R OPER/\TING ITJND Personal Service Supplies, Maintenance & Repairs Professional Services (9) Communications Printing, Publtshing, Advertising Utilities Contract Maintenance & Repair Data P-ocesstng Other Contract Senice Insurance Other Charges TOTAI. WAITR OPi;iU\ llNtJ FUND _ Dollar \TD YTD Increase % 1995 Budget Expenditures (Decrease)Increase Budtott 09-30-95 09-30-95 From YIl) Budget (Decrease) 20.000 14,000 12,700 (1.300)0.00 1 83,480 66,784 65,631 (U53)(0.02) 123,000 .30,750 29.683 (1.067)(0.03) 226,480 111334 108,014 „ (3,520)(0.033 3.471,495 2,396,092 2,300.009 (96,083i_(0.04) 22,130 22,1.30 21.860 (270)(O.Ol) 95,830 17,690 17,696 6 0.00 398326 .398326 370,622 (27,704)(0.07) 1H4.355 lfU355 181.465 (2,890)(0.02) 60.014 60,014 60,293 279 0.00 58.625 58,625 58.887 262 0.00 819,280 741,140 710^13 L0.(W} .86,817 60,772 43,14.3 (17.629)(0.29) 10,100 7.575 ’0 (255)(0.03) 2,794 2.0%13,109 11.014 5.26 1..500 1.125 1,849 724 0.64 175 1.31 117 (14)(O.ll) 25,000 18,750 17.438 (1312)(O.b,) 29,800 1o6.020 (163.30)(0.73) .3.615 2,711 2.656 (55)(0.02) 8,740 6,555 5,717 (838)(0.13) 10,476 10,476 7,314 (3,162)(030) 62,702 47.027 49,520 2.494 0.05 241.71M U9.567 _154.203 (25.-364)(Q1.4) City of Orono 1995 Combined Fund Expenditure Report 1 Department SEWER OPER/\TING FUND Pcrsooxl Services Supplies, Maintcoaoce Sc Repairs Profeaioaal Services (10) Communications Printing, Publishing, Advertising (11) Utilities Rentals Contract Maintenance Sc Repairs Data Processing Other Contract Service Insurance Other Charges TOTAL SEWER OPERAllNG FUND GOLF OPERATING FLTTO Personal Service Supplies, Maintenance & Repair (12) Professional Service Communications Printing, Publishing, Advertisirtg Utilities Rental Contract Maintenance & Repair Other Contract Service Insurance Other Charges TOTAL GOLF OP! R/\ HNG lUNU 1989 Water Revenue B*)nds Principal Pay. 1989 Sewer Revenue Bonds Principal Pay. T01/\L COMBINED lUNDS As of 09-30-95 19« Budge t YTD Bur^t 09-30-95 YTD Expenditures 09-30-95 Dollar Increase (Decrease) From YTD Budget % Increase (Decrease) 143,863 4,095 3,518 1.630 100 18,000 500 29,500 6,757 515 11,562 479.109 100.704 3,071 2.639 1,223 75 13,500 375 22,125 5.068 412 11,562 .359332 92383 3,409 5,522 1,077 365 11,793 0 18,463 5.820 444 10,032 .357,050 (8,121) 3.38 2,884 (146) 290 (1.707) (.375) (3,662) 752 32 (1,5.30) (2.282) 699^149 520,085 __50 6,558 iL\.-l271 (0.08) 0.11 1.09 (0.12) .3.87 (0.13) (1.00) (0.17) 0.15 0.08 (0.13) .(OPD imj 77,077 57,808 5.3,25.3 (4.555)(0.08) 7395 6,566 7.587 1,022 0.16 1.648 1,648 1,813 165 0.10 1,550 1,163 1,086 (77)(0.07) 4,100 3,280 .3.736 456 0.14 3.500 2.625 1.945 (680)(0.26) 7.550 5.663 5,456 (207)0.00 7.700 5.775 4.473 (1..302)(0.23) .330 248 50 (198)(0.80) 14.729 14,729 1.3,489 (1.240)(0.08) 9.202 7.362 9,427 2.065 0.28 1-34.681 106.864 102.315 (4.549)(0.04) 101.180 101.180 101.180 0 0.00 98.820 98,820 98.820 0 0.00 5,566.324 4.14.3.749 .3.973,908 (169.840)(0.04) I ^liKelbneous Notes: '1) Msioteoance on buildings and grounds up $3,000 ewer last year’s Y—T—D. [2) Maintenance on office equipment, and buildings and grounds up $4,000 over last \ear s Y—T—D. Eipenditures are expected to be within budget by year end. [3) Includm $1,200 for microfilm pnx:essing. [4) Includes $513 for engineer review of pavement management program. This amount is to be oB^t by a reduction in contractual maintenance. 5) $2,000 in additional training & development for Public Works Supervisors. 6) Additional Police work, offset by revenues. 7) Includes $5,200 ADA Compliance review, and $3,000 police officer grievance arbitration expenses. 8) The 1995 Budget was increased $51,130 for a tout of $83,480 to accomodate the purchase and installation of a local area network, and Banyon Data Systems’ financial software. 9) Includes $10,100 for the water plant and lead,'topper study by the engineer. This is to be offset by reductions in contractual maintenance expenditures related to the water plant rehabilitation project. 10) Includes $1,700 for I (c I study bv the engineer, and $900.00 for televising Kelly Ave Sewer l ine. The sewer fund budget includes $15,000 for 1 & I reduction efforts in its capital budget. 11) Includes $170 advertisement foi bids for lift station repairs. k2) Supplies & Maintenitnce up $1,000 over last year. jr- ■r COUNCIL MEEr.uQ request for council action O*'^ 2 ^ date: ocmmw^ ITEM NO: |G Department Approval: Same Dorothy Hallin Citv Clerk Item Description: Licenses Administrator Reviewed:Agenda Section: Licenses HOME OCCUPATION UCENSE ANNUAL REVIEW HOME OCCLTATION LICENSE INITIAL REVIEW Ginger Scott 2620 Kelly Avenue Ross R. Repke 3380 Watertown Road COLT^CIL ACTION REQUESl ED Motion to approve above listed licenses CZin£ OF ORONO “5.C. 3cx 65, 1225 So Brcwr: ?.=. Crvst:2l Bay, >o; = = ^-3 APPBICATXON for A2J2JTJAL EC—=. • • ^ ^ MM. K n <">w w :c?-rv—— Ba-2 license Apc^cveo^—i ■ — T'-.-o license Enrcres:—------------ -, •^TCZISSw Xri——2.«- ** !■*"" ^ c^p no'Pov^ev res — ^j-C.Ju ragn->r? ♦ ^ ~ ^ ^;-------------- CIC^ : /,.=>vg, ^-t.<c<^~ ;.can—oii. , /i;* rype of Business nc ne Cue ._ , ^ __>«j -t ■c r^'“T violauu-cn occ^ -»• ”la Ve a r’acomnendaUionlicense =ay be .eroMd “ f-- ^ and aaxe^ ijiroectioa :S) b°si=«®4®J%.^--c"M?"cade Secbicd e«ende'd do din (10) jnrsoand -o Orono M—— . ^ _g^iew dnne '■--* ,°® ^'=findadicn will be :s recnined by cn... licndion iLieduled needing held jusxness cays- -2. ^.v,^ no-cc recuua——jr s»>—^ ;chedtiled ^fv^Mondav of eacn nonni- -----------m Pie second anc foc^rih Mon>^y c-_______ i^SSSSSZ'. cnibided Ecrr.e Ccdddedicn rr- _-£. -d i£ ddlewfdl for e.-.y enc*i-e — '-'-<0^- cccu—^a-*—ccerin:.nc as a -------- licenses. ^ ^ •* o en-*i-_ r - •- the dwelling. --0 -..r--'«ss rust res — e -*•1-- nerscns engagec ----------------s-..- ^ .,._ ------le-cial signsO Cw4.»d-»‘^*“ We—*-* ^es —csriwwS.— zcn^» No excessive scccx — ... — wv-^ —er reccL^vezr c**e www ——— * •'.wcr' —cerc.cCwH^: t!-^__.•—od ctner tnan s-r**^ ---.-7 ’ T ; • ■-'; i w-VV V ^ “rvf *•* ^••••■^^xce cc s“C-uccu-e. c-------- on ccie ^-.2—... - rp. V’-.M— — A •~h5^-T ~ e S — — — — w». w— - , u w f ^ V • W V12T2.Ce '-.if4.t.vi 'w , ~ -------------y— —ji; i* V*M•‘Ziz^r t ^ • .-?!»/^ 'tl'i- - ^ * «? allcwec. ei--.(*:T-‘ ‘/•‘*‘ *-—S -*w— ——— ^ w*—•*-•-V -‘. . • - - • ^ • ^ rw^«~ V* lien *cne-‘- — ... —W4.»_~"”sc ce ^42.—.-*^— *,1 c rr. e w — w — — — — ^2_____-_g==s==—---------------- 2.dove trcir. tne C—-*- '“"r".-----d hereby agrees nay require. :-'i'-Sl crirand any additacnau cent--------s ^ - are: - -=br..c ...............- . adure of ?ire l.-.£=eoddr:__S^to nature }ef^— late J tc ' > ‘n'^ fr rV i W' m .IST« f r ■ J {•iti#);)ivj;wL-Tirmk* rfc’STsrmn*!;] •■v-' I * .'. - • .•; . • Check CheckAmountGroM 70#.13 1.131.11 :8#.17 ■*21.li •91.14 1.140.00 •’Sl.gl 1,101.13 I.Sl€ 89 2.443.44 4.155.14 €.714.21 823.11 1.180.80 1,223.31 a.288.48 730.54 1.CIS.40 2.774.#4 4,487.48 1,272.83 1,655.20 1.003.34 1.665.42 571.43 1,949.^6 295.34 348.13 1,108-14 1,857 43 911.12 1,317.35 1,137.24 1,455.20 29.55 101.07 943.62 1,655.20 354 57 1.732.80 594 . t'804.40 I.330.94 1,945.60 1,049.90 1,655.20 901.10 1,624.80 630.80 1,144.00 214 1?1,624.80 3 34.C5 546 . *’2 1.-77 34 1,637.60 •#93.60 1.410 21 122.59 134.77 491.30 1,800.29 *.279.79 28,275.95 161 02 178 *^5 150.03 130.15 192.93 227.20 503.98 594.in 20 Oct IffS Page m iiH City af Oroaei Secial SUKlI ie<9l07M Security Cha^Chack Check suafetr l^ployea l^uurn lAaiittE Date Ajfssnnt Croea Chttck loc COd« 09S wun/zssim 2492IX U12fX417riABU5Ts« iJSASSS A.121-28-241711-Oet-fS 1«X93 42 1.94 8 3 8 HQ3ia 4(><I«S<2 GAFfKXSa. MICHAEL f.449-48-854211-Oct-95 909 25 1.555 52 :4Q2U 470700M1 omr. LTLS 1.470-70-0981 ll-Oct-9S 1.094.40 1 515 52 :4C21I 47SSQS2f2 VMS. Mttn L.47S-50-5292 ll-Oct-H 913 25 1.340 30 H02X4 477illS3f WBCXHM. 5THFHEB J.4Tf-H-153»40 15 1.242 48 TocaIh Qmck JLoc Coda OOS i^aDQ/EO^IBG 4.172 47 7.441 40 Ch«ck Loe Coda 004 POitlC WORKS 240214 444420I32 OESiOUtSSaB, JOOB 1.448-42-0832 U-Oet->S 1.279.39 2.357 74 040219 444909S3SOBERAIGNER. SCOTT Q.448-90-9535 937 22 1.315 40 04022) 449429194SKREEH, DALS f.449-42-9194lI-Oct-»S 597 19 1. 144 30 040221 449844107PALMER, GREOOtY A.449-84-8107 409.41 1.144 00 040222 473744173RATHBUM, BARRY J.473-74-4173ll-Oct-95 944.47 1.144.00 040217 474467812GRBOORY, JAMES 0.474-44-'»81211-Oct-99 747.58 1.337 48 04021S 475443842BRINKKACS, :?KN P.475-44-384211-Oct-95 1.100.37 1.701.48 340220 4747832S1OBRIEH, RAMOY L.474-78-3251ll-Oct-9S 98.42 1.144.00 040218 477S00444HANSEN, STEVEN C.477-50-0464ll-Oct-95 480.91 1.144.00 Tocala ChacR 1Loc Code 004 PUBLIC WORKS 4.911.32 13.432.50 Chack Loc Code 007 OOLF 040224 473106428 GAS, DANIEL 0.473-10-6428 ll-Oct-95 270.94 297 40 040224 473141624JOSTROM, FOREST J 473-14-1424ll-Oct-95 174.24 191.40 040228 473409429 ROSS, JOHN A.473-40-9429 ll-Oct-95 71.29 78.30 040227 474147795PETERSON. JACK W.474-14-7795ll-Oct-95 345.54 393.30 040225 475344512MCINTYRE. WILLIAM E.475-34-4512ll-Oct-95 153.14 168.20 040229 475549177STEFFENHAGEN. RONALD S.475-54-9177ll-Oct-95 981.50 1.340-00 Totals Check 1Loc Code 007 GOLF 1,994.71 2.468 80 3rand Total 35.734.37 42.414 34 11 Oct 19*5 IM 3:00 m &«ck City «f Orono C«t* SMck SOUS S010S cm COUiTT CRCOIT UNICM ll-OCt-*5 ClTf COUBTT OKBIT UMIOH Totals Otock; Kjftor 5016S CITT COUiTT CtEOIT IMICM Slock lioter S0166 50160 50166 PtIST l&TIQlUa. BAM OP LAKES 11-Oet**5 1t-0et-95 MKST iATIOHAL FIRST NATIONAL OF LAKES OF LAKES totals Chock Nuiter 50166 FIRST NATIONAL RANK OF LAKES Chock Huiter 50167 50167 GREAT WEST LIFE ASSURANCE CO. 11-0ct-95 Totals Chock Nuiter GREAT WEST LIFE ASSURANCE CO. 50167 GREAT WEST LIFE ASSURANCE CO. Chock HuNsor 50166 50168 HEWEPIi CO. SUPPORT t COLL 11-0ct-95 Totals Chock NuiRwr RENNEPIi CO. SUPPORT A COLL 50168 HENNEPIN CO. SUPPORT t COLL Chock Nuter 5016* 50169 HENNEPIN COUNTY SUPPORT t COLL 11-0ct-95 Totals Chock HiMbor HENNEPIN COUNTY SUPPORT A COLL 50169 HENNEPIN COUNTY SUPPORT A COLL Chock Nuitior 50170 50170 ICNA RETIRENENT TRUST - 457 11-0et-95 ICNA RETIREMENT TRUST - 457 Totals Chock NuiRior 50170 ICMA RETIREMENT TRUST • 457 Cnock NuNDor 50171 50171 LAW ENFORCMENT LABOR SERVICE 11-0ct-95 Totals Check Ninter law ENFORCMENT LABOR SERVICE 50171 LAW ENFORCMENT LABOR SERVICE Chock NLirter 50172 50172 MN DEPT OF REVENUE 11-Oct-95 Totals Check NLOber MN OEPT OF REVENUE 50172 MN OEPT OF REVENUE Chock NLinber 50173 50173 “N MUTUAL LIFE 11-0ct-95 Totals Check Ntribor MN MUTUAL LIFE 50173 MN MUTUAL LIFE Transoctlen 5.572.00 5.572.00 10,614.80 2,911.12 13.525.92 1,265.00 1,265.00 164.82 164.82 174.50 174.50 100.00 100.00 0.00 0.00 3,259.43 3,259.43 55.00 55.00 COMNonts SAVINGS W/N A TRANSFfiifO FIT.FICA,Mf0CR W/H FIT,FICA,ME0CR CITY SHARI DEFERRED CONP W/H TNQMTON aCC266780 SKREEN HC0262310 DEFERRED COMP U/M UNION DUES W/H STATE TAX U/H DEFERRED COMP W/H 11 OEt IfPS Md 3:00 PH ChKk nji^ Check t««ister City of Orono Pb9« 2 Tranooction ■r 50174 Ootc Man 50174 Ml STATE lETIPEMEMT-DCP COW 11*Oet-»S Ml state HTItCHEMT-Off TotllA OMCk ttJi^50174 Ml STATE RETIAEMEHT-DCF COW 100.00 100.00 OEFERIEO COW U/N 50175 PEBSC0/Q8IA 50175 Total* Chock 11-0ct-95 KISCQ/QfftA 5Q173 mSCQ/OWA m.02 197.02 QUA OEFEItEO COMP U/tf 50176 PEIS05/US COME Of HAYOiS 50176 11-0ct-95 ToUli Ch^ Uu^t PfISCO/US COUF OF MYOES 50176 PEISCQAIS CO«F OF MYO«S 1,0^.00 1,085.00 USC» DEFEE8ED CQMF U/n OmcIc Halter 50177 50177 50177 PERA 11-0ct-95 11-0ct-95 Totals Check PEIA PEM 50177 PEM 4,542.12 5,856.28 10,198.40 PEIA EHPIOTEE U/H PEHA CITY SHARE Chock Hoitef 50178 50178 UMITEO WAY 11-Oct*95 Totals Check Muntef UHITEO WAY 50178 UHITEO WAY 29.00 29.00 CHARITY DCHiATIOHS W/H Grand Total 35,726.09 aP 0St 1995 9fi FrM m Chcct iu<^ a»et lluri»tr 50179 0>#cfc ttilstlf’ City of Orono Oat* **■*' 50179 A-f fCiTAL 19-0ct-95 A-1 BCITAL Touts Chack Svwtoar 50179 A-1 RCMTAL Oitsk Nuiter 50180 50180 50180 ALL STAR ELECTRiC 19-0ct-95 19-0ct-95 Touts Chack NuiRiar ALL STAR ELECTRIC ALL STAR ELECTRIC 50180 ALL STAR ELECTRIC Chack luiear 50181 50181 ASPLUMON COTFEi 19-Oet-95 Touts Check liudtjar ASPLUNOW COfTEE 50181 ASPLUNOH COFFEE Check RLiitiar 50182 50182 50182 AT&T 19-Oct-95 19-OCT-95 Tout* Check itvrtJar A tit ATAT 50182 ATAT Check HiAter 50183 50183 50183 ATAT WIRELESS SERVICES 19-Oct-95 19-0ct-95 Total* Check MuiOar ATAT WIRELESS SERVICES ATAT WIRELESS SERVICES 50183 ATAT WIRELESS SERVICES Check Nuiber 50184 50184 AUGIES M081LE CHEF 19 Oct-95 Totals Check vuttwr AUGIES MOeiLE CHEF 50184 AUGIES MOBILE CHEF Check kutSser 50185 50185 BEMNETT, WARREN 19-0ct-95 Totals Check Nuttjer BENNETT, WARREN 50185 BEN*‘ETT. WARREN rheck Munber 50186 50186 50186 50186 BLACKOWIAK A SON 19-Oct-95 19-0ct-95 19-Oct-95 Totals Check NijnDer BLACKOWIAK A SON 8LACKCWIAK A SON BLACKCWIAK A SON 50186 BLACKCUIAK A SON Tranaaction Aama^t 21.30 21.30 991.9* 52.80 1,044.76 18.11 18.11 10.60 1.85 12.45 41.67 41.68 83.35 27.30 27.30 4.79 4.79 70.44 293.89 168.58 532.91 Page 1 Coanentt FILL L9 TAMK REPAIR SIRENS REPAIR REAR DOOR CONTROL COFFEE FILTERS LONG DISTANCE CHARGES PHONE CHARGES CELL PHONE-UTILITY TRUCK CELL phone-utility TRUCK SANDWICHES FOR RESALE REFUND UTILITY OVERPAYMNT SEPTEMBER SERVICE SEPTEHBEM SERVICE SEPTEMBER SERVICE Cheek Hcrber 50187 BONESTROO ROSENE A ASSOC Page 2et 19W 7:58 MCheek Check iegiater City of OronoDateIWW 50187 50187 50187 50187 50187 50187 50187 50187 BOKSTIOO ROSEUE 8 ASSOC. l9-Oct*95 •OeCSTKOO eoSEW 8 ASSOC. 19-Oct-95 tOAESTKX) BOSEkE 8 ASSOC. l9-Oct-95 BOkESTBOO BOSENE 8 ASSOC. 19-Oct-95 BOMESTBOO BOSEkE 8 ASSOC. 19-Oct*95 BOkESTBOO BOSEkE 8 ASSOC. 19-0ct*95 BOkESTBOO BOSEkE 8 ASSOC. 19-Oct-95 BOkESTBOO BOSEkE 8 ASSOC. Totals Check ku*»r 50187 BOkESTBOO BOS:kE 8 ASSOC. ick kuBber 50188 BBAUH IHTEkTEC 50188 19-Oct-95 »«AUk IkTERTEC Total. Check kurt*r 50188 BBAUk IMTEBTEC eck kuiter 50189 BUDGET PBINTIkG 50189 50189 50189 19-Oct-95 19-0ct-95 19-Oct-95 budget PBINTIkG budget PBINTIkG budget PRINTING Totals Check ktrt^r 50189 BUDGET PRINTING «eck kunfcer 50190 BUSINESS FORHS 8 ACCOUNTING 50190 l9-Oct-95 Totals Check Nurber heck kunber BUSINESS FORMS 8 ACCOUNTING 50190 BUSINESS FORMS 8 ACCOUNTING 50191 COP IMAGING SYSTEMS 50191 50191 19-Oct-95 19-Oct-95 CCP IMAGING SYSTEMS CDP IMAGING SYSTEMS Totals Check N^r 50191 COP IMAGING SYSTEMS :heck NUitoer 50192 CITY OF LONG LAKE 50192 19-Oct-95 CITY OF LONG LAKE Totals Check NU*er 50192 CITY OF LONG LAKE Check Nortxsr 50193 COLONIAL LIFE INSURANCE CO. 50193 50193 50193 50193 50193 50193 19-Oct-95 19-Oct-95 19-Oct-95 19-Oct-95 19-Oct-95 19-0ct-95 COLONIAL LIFE COLONIAL LIFE COLONIAL LIFE COLONIAL LIFE COLONIAL LIFE COLONIAL LIFE TfsnsactionAanu^t58.25 93.57 129.40 758.19 2.207.28 231.73 3,982.50 7,460.92 2,380.85 2,380.85 71.72 189.87 590.62 780.49 22.260.50 22.260.50 CoflinentsREVIEW MSA-AUG OCB RD BRIDGE INSP-AUG QCB RO ST INSP-AUG WILLOW DRIVE-AUG BROUN RD/WTRTOWk INSP-AUQ L.S. *7 REHAB AUG INS? WTR PLANT STUOY-AUG PBOJ #CMKX-93-0163 FTO MANUALS 500 COPIES-CERTIFY LTR large document COPIES A/P CHECKS OCTOBER LEASE toner COUPON BOOK 4TH QTR FIRE PROTECTION CO. INSURANCE CO.24.25 2.55 76 76 NOVEMBER NOVEMBER COVERAGE COVERm' ■ INSURANCE CO.NOVEMBER COVERAGE insurance CO. 12 75 NOVEMBER COVERAGE insurance CO. 35 97 NOVEMBER COVERAGE INSURANCE CO. 1.U NOVEMBER COVERAGE insurance CO. S Oct 1995 CilCCk fri 7:58 AM City of 0i Di«ck Ikjiter Date RaM ClMck rnmbmr 50193 COLONIAL Lira IISUUNCE CO. 5om 19-Oet-95 COLONIAL Lira tllSURANCC CO. 50193 19-Oct-95 COLONIAL LIFE INSURANCE CO. 50193 19-Oct-95 COLONIAL LIFE INSURANa CO. 50193 19-Oct-95 COLONIAL LIFE INSURANCE CO. 50193 19*Oct*95 COLONIAL LIFE INSURANCE CO. Totals Check Mutter 50193 COLOilAi LIFE IMSAANCE CO. Check Muter S0194 rai-HII SOW 19-Oct-95 CM-HU Totals Check Muter 50194 COi-HIX Check Muter 50195 CULLICM 50195 19-0ct-95 CULLIGAM Totals Check Muter 50195 CULLIGAM Check Muter 50196 OOMMEM, MICHOJIS 50196 19-0ct-95 OOHMEM, MICHOUS Totals Check Nuiter 50196 DOHHEM, MICHOUS Check Mutter 50197 D00LIM5, SHAWM 50197 19-Oct-95 DOOLING, SHAWM Totals Check Mutter 50197 OOOLIHG, SHAWM Check Mutter 50198 DYNAMEO 50198 50198 19-Oct-95 19-0ct-95 OYNAMED OTNAMED Totals Check Nutter 50198 OYMAKED Check Nutter 50199 ESS BROTHERS A SONS 50199 19-Oct-95 ESS BROTHERS i SONS Totals Check Muter 50199 ESS BROTHERS & SONS Check Nutter 50200 FEED RITE CONTROLS 50200 19-Oct-95 FEED RITE CONTROLS Totals Check Muter 50200 FEED RITE CONTROLS Check Nutter 50201 C & K SERVICES 19-Oct-95 0 4 K SERVICES50201 Transaction Aiaoont 2.66 0.85 115.52 505.84 187.68 963.97 305.14 305.14 29.90 29.90 2.55 2.55 12.55 12.55 5.00 233.10 238.10 366.36 366.36 40.00 40.00 8.48 Page 3 CoBssents MOVEWEt KOVEMBER KOVEmER MOVEMBER KQVEMBER COVERAGE COVERAGE COVERAGE COVERAGE COVERAGE OWCRETi FOS sidewalks OCT, MOV SERVICE REFUND UTILITY OVERPAYMMT REFUND UTILITY OVERPAYMMT SEPASOOTH FIRST AID SUPPLIES ADJUSTING RINGS CYLINDER RENTAL RATHBUN 0 Oct im ri 7:Sa «M ClMck Check tegister City of Orono Iheck S0201 50201 50201 50201 50201 50201 50201 50201 50201 Totals Check Stock Nu*er 50202 Totals Check NuiOie.- 50202 CALL'S INC. ^k Nuiter 5o203 GENUINE PARTS CO. Date 50201 G C K 10-0ct-95 19-Oct-95 19-Oct-95 19-Oct*95 19-Oct*95 19-Oct-95 19-Oct-95 19-Oct*95 19-Oct-95 SERVICES C ft K SERVICES 6 ft K SERVICES G ft K SERVICES 6 ft K SERVICES C ft K SERVICES G ft K SERVICES C ft R SERVICES G ft K SERVICES C ft R SERVICES 50201 C ft R SERVICES 50202 GALL'S INC. 19-Oct-95 GALL'S INC. 50203 50203 50203 19-Oct-95 19-Oct-95 19-Oct-95 CEIHJINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. Totals Check NtfiOter 50203 GENUINE PARTS CO. heck NiJiter 50204 GLENUOOO INGLEWOOD 50204 19-Oct-95 GLENlfflOO INGLEWOOD Totals Check NuiSaer 50204 GLENWOOD ISGLEWOOO bteck Nuiewr 50205 GOPHER STATE ONE-CALL INC. 50205 50205 19-Oct-95 19-Oct-95 GOPHER STATE ONE-CALL INC GOPHER STATE ONE-CALL INC Totals Check Noitoer 50205 GOPHER STATE ONE-CALL INC :heck Nuitjer 50206 GROUP HEALTH INC. 50206 50206 50206 50206 50206 19-Oct-95 19-Oct-95 19-Oct-95 19-Oct-95 19-Oct-95 GROUP HEALTH INC. GROUP HEALTH INC. GROUP health INC. GROUP HEALTH INC. GROUP HEALTH INC. 50206 CROUP health INC.Totals Check Nunber Check Nuiijer 50207 hALLIN. DOROTHY 50207 19-OCt-95 HALLIN, DOROTHY Totals Check Nj*er 50207 HALLIN, DOROTHY Transaction Aawunt 65.63 2.64 71.79 73.35 2.64 8.Aft 2.64 8.48 55.51 299.64 79.87 79.87 117.15 117.15 82.25 82.25 164.50 24.82 24.82 Page 4 STREET EMPLOTEES STEffENHAGEH FLOOR NATS STREET EMPLOYEES STEFFENHAGEN RATHBUN STEFFENHAGEN RATHBUN STREET EMPLOYEES FLEX-CUFF ft RESTRAINT 38.19 MISC PARTS 97.93 MISC PARTS 27.12 MISC PARTS 163.24 sept service SEPTEMBER SERVICE SEPTEMBER SERVICE 1,846.46 NOVEMBER COVERAGE 170.74 NOVEMBER COVERAGE 301.00 NOVEMBER COVERAGE 301.00 NOVEMBER COVERAGE 1,154.02 NOVEMBER COVERAGE 3,773.24 MILEAGE REIMS » Oct 199S 9r\ 7:Sa AH CN«cfc Ch«ck Rcfifttcr City of Orono Dot#R« 50200 MMSa. STEVEN C. 19'0ct-95 WWSEN, STEVEN C. Total* Chock Rukbor 50208 HANSEN, STEVEN C. Chock 50209 HAICO yATERUORKS CP 50209 19*0ct*95 Total* Chock Ntiriior HAHCO UATERWONKS CP 50209 HARCO UATESUORKS CP Chock Nuobor 502101 50210 HEHN CO TREASIAEN 19-Oct-95 Totals Check Nuit»er HEKN CO TREASURER 50210 HEHN CO TREASURER l^ock NuiRMr 50211 50211 HEHNEPIN COUNTY SHERIFF 19-Oct-95 HENNEPIN COUNTY SHERIFF Totals Check Nu«ber 50211 HENNEPIN COUNTY SHERIFF Check NcMbor 50212 50212 HENSEH JR. ROBERT 19-Oct-95 Totals Check NvJitwr HENSEH JR, ROBERT 50212 HENSEH JR, ROBERT Check NuHticr 50213 50213 HUHANCE SOCIETY OF JRIGHT CO 19-Oct-95 HUHANCE SOCIETY OF WRIGHT CO Totals Check Nuiter 50213 HUHANCE SOCIETY OF WRIGHT CO Check Nui*)*r 50214 INT'L ASSH OF CHIEFS OF POLICE 50214 19-0ct-95 INT'L ASSN OF CHIEFS (jt POLICE Totals Check Nuitwr 50214 INT'L ASSN of CHIEFS OF PO., * Check Ntfisser 50215 50215 JOHNSON, DOUGLAS 19-Oct-95 Totals Check Niincer JOHNSON, DOUGLAS 50215 JOHNSON, DOUGLAS Check NLTtjer 50216 50216 50216 50216 ICUEHN, THOHAS 19-Oet-95 19-Ovt-95 19-0ct-95 kUEHN, THOMAS kUEHN, THOMAS kUEHN, THOMAS Tranacttoi AiBxrt 91.35 91.35 385.00 385.00 66.36 66.36 78.02 78.02 132.87 132.87 198.75 198.75 100.00 100.00 52.27 52.27 6.64 3.32 9.96 PaB* 5 MILEAGE REIMB. CATHODIC PROTECTION SYSTE DATA EXTRACTION-DXF SPECIAL REPAIR REFUND UTILITY OVERPAYHNT 3RD QTR SERVICES SEMINAR-MOROWCZYNSk I REFUND UTILITY OVERPAYMNT SEPT MILEAGE SEPT MILEAGE SEPT MILEAGE 81 Oct 1995 fri 7:58 M Chmck Chccli Rcfister City of Orono Page 6 Dot#lise bmOL ftJiiMr S0216 50216 KUEm, TKVUS i9-oct-95 rmim ; Totals Chock luiber 50216 KUEm. THOMAS i diock Muriaor 50217 UW OETAILERS INC. 50217 19-0ct-95 UWN OETAILERS INC. 1 Total* Chock iutfier 50217 LAWN OETAILERS INC.i 1 Oiock HuiRter 50216 LONG LAKE POWER EQUIPMENT 50218 50218 19-0ct*95 19-0ct-95 LONG LAKE POWER EQUIPMENT LONG LAKE POWER EQUIPMENT Total* Check Kc«*»er 50218 LONG LAKE POWER EQUIPMENT Otock NuiRjor 50219 LONG LAKE TRACTOR EQUIPMENT 50219 19-0CI-95 LONG LAKE TRACTOR EQUIPMENT Total* Check Nirter 50219 LONG LAKE tractor EQUIPticnt Check NiJiiier 50220 MEDCENTER HEALTH CARE 50220 50220 50220 50220 19-Oct-95 19-Oet-95 19-Oct-95 19-Oct-95 MEOCENTER HEALTH C.«RE MEDCENTER HEALTH CARE MEOCENTER HEALTH CARE MEDCENTER HEALTH CARE Total* Check Klrtier 50220 MEDCENTER health CARE Check NuiRjer 50221 METRO WASTE CON’^ROL COMMISSION 50221 50221 50221 50221 50221 50221 50221 19-0ct-95 19-0ct-95 19-Oct-95 IV.Oct-95 19-Oct-95 19-0ct-95 19-Oct-95 METRO METRO METRO METRO METRO METRO METRO WASTE WASTE WASTE WASTE WASTE WASTE WASTE CONTROL CONTROL CONTROL CONTROL CONTROL CONTROL CONTROL Totals Check Nu<t>er 50221 METRO WASTE CONTROL COWISSION Check Hvjiiber 50222 MIDWEST ASPHALT 50222 19-Oct-95 MIDWEST ASPHALT 50222 19-Oct-95 MIDWEST ASPHALT 50222 19-Oct-95 MIDWEST ASPHALT 50222 19-0ct-95 MIDWEST ASPHALT Totals Check Nixnber 50222 MIDWIST ASPHALT Transaction Aanunt 77.72 97.64 2,008.28 2,008.28 72.46 15.24 87.70 11.82 11.82 160.71 602.02 461.72 532.02 1,756.47 Consents CFOA CONE mileage SEPTEMBER BILLING REPAIR VACUUM ON TRACTOR BACKPACK BLOWER REPAIR PARTS FOR JOHN DEERE NOVE.hHER COVERAGE NOVEMBER COVERAGE NOVEMBER COVERAGE NOVEMBER COVERAGE COMMISSION 24,474.75 MWCC-NOVEMBER COFWISSION 2,986.58 MWCC-NOVEMBER COMMISSION -302.58 MWCC-NOVEMBER COMMISSION •80.25 MWCC-NOVEMBER COMMISSION •1,529.92 MWCC-NOVEMBER COHtlSSION -919.58 MWCC-NOVEMBER COMMISSION 1,683.00 SEPT SAC CHAR CCFWISSION 26,312.00 94.28 HAND PATCH 118.27 HAND PATCH 95.23 HAND PATCH 189.99 HAND PATCH 497.77 2d Oct fr^ 7:St m Chtck lOMck tafister Citr Ofoft* OMck N«ater 50» 50223 Total* Chack OMck Nuikwr 50224 Oat* 50223 MIOUfST lUSniESS M06UCTI 19-Oct-95 NIDUEST MttIMESS 9M0UCTS 19-Oct-95 MtOUEST lUSiMESS 9M0UCTS 50223 MlOyeST MStNESS PHOOUCTS 50224 MILLER, RICK t. 19-Oct-95 MILLER, RICK t. Total* Chack iKnbet 50224 MILLEk, RICK S. OMCfc luiter 50225 minn COMM 50225 19-Oct-95 Ml MM COMM Total* Check Mtatbar 50225 Ml mm COMM OJacIl iuitwr 50226 MN STATE TREASURER 50226 19-Oct-95 MN STATE TREASURER Total* Check Ruia»er 50226 MM STATE TREASURER Check Muitsar 50227 M09ILE RADIO EMGIMEERINO IMC. 50227 50227 19-Oct-95 19-Oct-95 Total* Check Nuiter MOBILE RADIO EMGIMEERING IMC. MOBILE RADIO EmGIMEERING INC. 50227 MOBILE RADIO ENGINEERING INC. Tmactlon Imamt 199.13 50.23 249.36 7.71 * • • • 7.71 36.22 36.22 3.024.25 3.024.25 18.00 42.66 60.66 Totals Check NLirbcr 50230 OBERMAUSER. LOUIS 26.96 CoMntt MI SC SUTfLIES MISC SUM6LIES REFUMO UTILITY OVERPAYMMT OCTOBER SERVICE SEPT ILOG SLWCHARr.P REPAIR CELL PHONE REPAIR CELL PHONE Check Wurber 50228 NAVARRE HARDWARE 50228 19-Oct-95 NAVARRE HARDWARE 22.97 Mr PARTS 50228 19-Oct-95 NAVARRE HARDWARE 34.07 MIS..PARTS 50228 19-Oct-95 NAVARRE HARDWARE 42.79 MISC PARTS 50228 19-0ct-95 NAVARRE HARDWARE 29.69 MISC PARTS 50228 19-Oct-95 NAVARRE HARDWARE 20.32 MISC PARTS 50228 19-Oct-95 NAVARRE HARDWARE 17.01 MISC PARTS 50228 19-Oct-95 NAVARRE HARDWARE 10.63 MISC PARTS 50228 190ct-95 NAVARRE HAEQUARE 31.27 MISC PARTS Totals Check NLTtwr 50228 NAVARRE HARDWARE 208.75 theck NLT*>er 50229 north memorial MEDICAL CENTER 50229 19-Oct-95 NORTH memorial MEDICAL CENTER 8.00 BLOOO TEST Totals Check Nuicer 50229 NORTH MEMORIAL MEDICAL CENTER 8.00 :heck HLfTk^er 50230 OBERHAUSER, LOUIS 50230 19-Oct-95 OBERHAUSER, LOUIS 26.96 REFUND UTILITY b Oct ifW rf 7:M m Chtct City af Ofoao Check; Neck bate 50ZS1 PfitYi TiUOC iCPAII 19-0ct*95 PfilTS TtUQC KEPAIt Tote It Check Ni«ber 50231 PfktrS TWXX KtPAia jheck mMtrnr M82 50232 5082 50232 50232 PlOhlES 19-Oct-95 19’0ct-95 19-Oct-95 19-Oct-95 PI0N££k PIOIIEEi PIOKEEt PIOHEEI Totals Chock mjKtrnr 5082 PlOliEEI heck Nvjter 5083 5083 Totals Chock heck NiJiter 50234 5028 ilTZ CAMEU 19-Oct-95 19-Oct-95 klTZ CA»€RA RITZ CAi^EA 5028 KITE CAICRA 50234 IKXF ERICKSON ENTERPRISES 19‘Oct-95 Totals Chock Nciiiwr ROLF ERlCKSOi ENTERPRISES 50234 ROLF ERICKSON ENTERPRISES hock NuMbor 50235 50235 SNYOER DRUG STORES 19-Oct-95 Totals Chock Nuster SNYDER DRUG STORES 5085 SNYDER DRUG STORES hock Nwisbor 50236 50236 SPRING PARK CAR WASH 19-Oct-95 Totals Chock Nunbor SPRING PARK CAS WASH 50236 SPRING PARK CAR WASH hock Nuni)or 50237 50237 STAR TRIBUNE 19-Oct-95 Totals Check NuiC)cr STAR TRIBUNE 50237 STAR TRIBUNE heck Ntiit)er 50238 50238 50238 50238 STREICHERS 19-0ct-90 19-Oct-95 19-Oct*95 STREICHERS STREICHERS STREICHERS Totals Check Nuitoer 5088 STREICHERS (action 69.8 69.22 20.40 20.40 44.20 17.00 102.00 3.65 50.65 54.30 6,380.12 6,380.12 9.76 9.76 187.50 187.50 24.05 24.05 32.08 44.41 7.57 84.06 Pi90 8 mnm cnarce APP 92078 APP 92076 LAND uSS APPLICATIONS OFF SALE LIQUOR LIC FILM PROCESSING SPECTRA FILM NOVEMBER FEE BATTER ES CAR WASH TICKETS SUBSCRIPTION RENEWAL CHARGE CORD & ASSMBLY HALOGEN BULBS REPAIR LENS heck Number 50239 STRGAR ROSCOE FAUSCH • • m Act 199$ ffl 7;5« M« OMck ■•fitter Ciry of Orono Ch«ct 0«t» 50Z39 VtiS9 STROM ROSOOi FMISCH 19-Oct-95 STt«M ROSCOt TAUSCN Total* C!s«k 50239 STROM ROSCOt TRUSCN duck ftaiiar 502^0 SWC£R. earl a. 50240 19*Oct*95 SWCEM, EARL A. Total* Cheek vr.5Q24Q SyEENf CAIi A. :imck iiAbtf 50241 TRAMS-ALAtP lAC. 50241 19-Oct-95 THANS-AlAim INC. ToUli Check Si^er 50241 TRANS-41AW INC. i:heck Nuiter 50242 TRl STATE AUWP 50242 19-Oct-95 TRl STATE PUWR Totals Check SiJtier 50242 TRl STATE PUW &ieck Ntinber 50243 UiTll!ATE AyAROS 50243 19-Oct-95 UlTIHATE AUARDS Totals Check itiiter 50243 UlTIMATE AWARDS Check Ncfnber 50244 UNIFORMS UNUMITEO 50244 19-Oct-95 UNIFORMS UNLIMITED Totals Check Ni^er 50244 UNIFORMS UNLIMITED Check IlLfnber 50245 WALT'S GARAGE 50245 19-Oct-95 WALT'S GARAGE Totals Check Kunt^r 50245 WALT'S GARAGE Check timber 50246 WARNING LITES OF MN 50246 19-Oct-95 WARNING LITES OF mn totals Check 50246 WARNING LITES OF Check Nurber 50247 WAYZATA HIGH SCHOOL 50247 19-0ct-95 WAYZATA HIGH SCHOOL Totals Check Hurt)er 50247 WAYZATA HIGH SCHOOL Check Niinber 50248 WESTSIDE EQUIPMENT tien kmOkMM 605.001 605.00 23.85 23.85 70.00 70.00 159.:^ 159.78 36.10 36.10 271.23 271.23 36.96 86.96 95.85 95.85 65.00 65.00 RtRe 9 T.N. 12 RflOCATICM RErJiO UTILITY OVERPATMNT CHECKED CARO ACCESS REPAIR L.S. #2 PLAQUE EnGRAVIHG MI SC UNIFORM EQUIP REPAIR REAR DRAG LINK BARRICADE RENTAL SEHINAR-HASEHAN L f- 4;«« information ITEMS COUNCIL MEETING tw'iiilil u..:^iw2 OCT 2 5 1995 CfTY Of ORONO OF 1 TO:Mavor and Cin^ Council FROM:Ron Moorsc, City Administrator ^ DATE:October 19, 1995 SUBJECT:Nfetropolitan Livable Communities Act/Housing Goals Attachments:1. Met Council’s Draft Housing Goals Agreement 2. Alternative Orono Housing Goals Agreement 3. Livable Communities Act Questions and Answers 4. Housing Goals and Benchmarks (explanation) Since providing the Council with initial information regarding the Metropolitan Livable Communities Act, I have met with Hal Freshley, a Met Council stalf person working with cities to implement the Livable Communities Act, to get some clarification regarding the requirements and expectations of the Met Council regarding city participation in the Livable Communities Act program. The main items discussed were as follows: 1. What is the city required to do if the city chooses to participate in the program. 2. What are the Met Council’s expectations regarding Orono’s housing goals and what happens if the city and the Met Council do not agree on housing goals. 3. What happens if the city chooses not to participate in the program. Requirements of Participation 1.Adopt a housing goals agreement. I have attached a copy of the Housing Goals Agreement draftk by the Met Council and a revised agreement better suited to Orono’s current circumstances. The Housing Goals Agreement includes the following items: A n c. D E. Indicates the city’s suppon of the six housing principles. Indicates agreement by the city to consider housing benchmark indicators for communities of similar location and stage of development when setting housing goals. Indicates agreement to develop a set of housing goals. Indicates agreement to develop a plan for achieving the housing goals. Indicates agreement that beginning in 1997 the city will allocate a minimum of S15.389 toward achieving the city’s housing goals. (The city currently allocates $16,118 from its annual CDBG funding toward housing rehabilation which would meet this requirement.) f Mefropolitan LiTable C< page 2 of 2 I » ♦ I M lunities Act/Hoosing Goals continued Housing Goals - Met Council Expectations In discussions with Mr. Freshley, I indicated this is a difficult lime for the city to initiate a process for setting housing goals and developing a housing plan due to nvo items. 1.Uncertainty regarding the location of Highway 12. which could have a significant impact on land use planning. 2.The city is currently in a major smdy of land use for a significant portion of the city. This study will require a significant amount of time and effort by both staff and Council. Mr. Freshley suggested a preliminar>’ short term goal at this time could be to conduct a housing needs analysis to determine the city’s current and future affordable and lifecycle housing needs. This information would be useful to the city when it sets its long term housing goals. In terms of the expectations of the Met Council and the role it will play in setting housing goals, Mr. Freshley indicated the Met Council wants to serv'e as a facilitator and not as an enforcer. Although the housing benchmark indicators for the community do provide a target to shoot for. the Met Council wants the city to make its own determination regarding what its housing goals should be. What is most important is that the city make a commitment to some level of effort regarding affordable and lifecycle housing. For example, the city’s commitment could be focused on mainuuiiing the affordable housing currently existing. This could involve additional efforts in tlie area of housing rehabilitation. Impart of Non-Participation If the city chooses not to participate in the Livable Communities Act program it could have an impact on any application that requires Met Council review. For example, one of the first items the Met Council will look for when reviewing an application for a MUSA amendment is whether the city is participating in the Livable Communities .Act program. However, this would not necessarily mean an automatic demal of the MUSA amendment. The city would need to demonstrate a good reason for not participating in the program. The uncertainty regarding the location of Highway 12 and the impact of this uncertainty- on all land use issues may be a sufficient reason. Participation Decisi-^n The Livable Communities Act legislation has set November 15 as the date by which C-- " must elect whether to participate m the program or not. To meet this date the Council v. if, ot J to make a decision at the November 13 Council meeting. If any Council members have additional questions or need additional information for their consideration of this issue, please let me know. DRAFT U-y HOUSING GOALS AGREEMENT METROPOLITAN LIVABLE COMMUNITIES ACT PRINCIPLES The city of Orono supports: 1. A balanced housing supply, with housing available for people at all income levels. The accommodation of ail racial and ethnic groups in the purchase, sale, rental and location of housing within the communitj'. 3. 4. A variety of housing types for people in all stages of the life-cycle. A community of well-maintained housing and neighborhoods, including ownership and rental housing. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. 6.The availability of a full range of serv ices and facilities for its residents, and the improvement of access to and linkage between housing and employment. GOALS To carrv out the above housing principles, the City’ of Orono agrees to use benchmark indicators for communities of similar location and stage of development as affordable and life-cycle housing goals for the period 1996 to 2010. and to make its best efforts, given market conditions and resource availability, to remain within or make progress toward these benchmarks. 1 1 1 errv LNDEX BENCHMARK 1 GOAL Affordabiiitv 0\>nership 1 30%60-69% Rental 18%35-37% Lifc-Cvcic : T>pc (Non-single famil> « | 35-3. ® o 2 detached) | { ! ^ Os^Tier/renter Mix 91/9*/o i 1_____________ (67-75) / (25-33)% ! Density Single-Familv Dctjchcd 0.9/acre l.8-1.9/acrc 1----------------- j Multifamilv 6/acrc 10-14/acrc To achieve the above goals, the City of Orono elects to participate in the Metropolitan Livable Communities Act Local Housing Incentives Program, and will prepare and submit a plan to the Metropolitan Council by June 30, 1996. indicating the actions it will take to carry out the above goals. CERTIFICATION .Mavor Date Affordable and Life-Cycle Housing Opportunities Amount For Orono Your ALHOA Amount for: Orono 1996 1997 (Estimate)•' Not required S15.389 ••rr* •< -i r--1—I nmm—T-irn rfc >> rrfciil ALTERNATIVE ORONO HOUSING GOALS AGREEMENT METROPOLITAN LIVABLE COMMUNITIES ACT PRINCIPLES The city of Orono supports: 1. A balanced housing supply, with housing available for people at all income levels 2. 3. 4. 5. The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing within the community. A variety of housing types for people in all stages of the life-cycle. A community of well-maintained housing and neighborhoods, includmg ownership and rental housing. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. 6. The availability of a full range of services and facilities for its residents, and the improvement of access to and linkage between housing and employment. GOALS To carry out the above housing principles, the city of Orono agrees to consider the benchmark housing indicators for communities of similar location and stage of development, and its current and fiimre housing needs as factors to guide its development of affordable and life-cycle housing szoals for the period of 1996 to 2010; and to make its best efforts, given market conditions and resource availability’, to make progress toward achieving the city ’s housing goals. The city o*'Orono does hereby elect to participate in the .Metropolitan Livable Communities Act Local Incentive Program, and will conduct a housing needs analysis as a guide to the development of its housing goals and housing plans. LIVABLE COMMUNITIES QUESTIONS AND ANSWERS 1, What is the Metropolitan Livable Communities Act? The Metropolitan Uvable Communities Act (“Acr”) ^vas enacted in June 1995 and is the Ugislature ’s attempt to address various issues facing the seven-county metropolitan area. The Act establishes a Metropolitan Livable Communities Fund which consists of three accounts: the Tax Base Revitalization Account; the Livable Communities Demonstration Account: and the Local Housing Incentives Account. Metropolitan municipalities are not required to participate in the programs under the Act, but the Act provides incentives and funding to those municipalities that do participate. 1 What is the incentive to participate? The benefits are clear. Cities, towns and, in some cases, counties have access to resources that will improve their communities and neighborhoods. In addition, the legislation puts local units oj govern ment in the driver s seat. Communities can not only choose whether to participate: they also have flexibility in determining how they re going to use the resources available. 3. What is the incentive to provide lower-cost housing in our community? .Affordable housing is an investment in communities and their residents. It fulfills a commitment to voting families, single people and older residents that they can find a home they can afford in the com munity of their choice. 4. WTiat are “afl’orduble** housing and “life-cycle” housing? Housing is "affordable " if it costs no more than 30 percent of a family s income. For ownership hous ing this income amount is SO percent of median, an amount that in 1994 could afford a home costing approximately $115,000. For rental housing this income is 50 percent of median. In 1990 this was approximately $500 per month. “Life-cycle” housing refers to housing available for people at all stages of their lives, offering a choice and variety of housing types and cost to accommodate people s changing needs and preferences as their incomes and circumstances change. 5. Whflt are the aff irdable and life*cycle housing opportunities amount? The Affordable and Life-Cycle Housing Opportunities Amount (“ALHOA amount ”) is an amount, established by formula in the Act. that a participating municipality must spend to create affordable and life-cycle housing or to maintain existing affordable and life- cycle housing. A participating municipality ’s .ALHOA amount is established each year. 6. Does the ALHOA amount have to be a property tax levy? No. The ALHOA amount can be derived from a levy, or it can be derived from fundsfrom another source. Regardless of the source of funds for the municipality's ALHOA amount, a participating munici polity that did not meet its negotiated affordable and life- cycle housing goals, and did not spend 85 percent of its .ALHOA amount to create affordable and life- cycle housing opportunities in the previous year, must distribute the entire .ALHOA amoimt to a local housing and redevelopment authority to create affordable and life-cycle housing opportunities in the municipality, or to the .Metropolitan Council for distribution through the Local Housing Incentives Program. 7. If my municipality elects by November 15. 1995. to participate in the Local Housing Incen tives Account Program, must the municipality spend an ALHOA amount in calendar year 1996? No Because of various timing provisions in the .Act. the .ALHO.A amount requirement does not apply until your municipality's election to participate in the Local Housing Incentives Account Program made by November 15. 1996. for calendar year 1997. 8. If my municipality elects to participate in the Local Housing Incentives Account Program bv November 15. 1995. but is unable to agree on housing goals with the Metropolitan Council, must the municipality participate in the program? Na. A municipality is not pantcipating in the Local Housing Incentives Account Program u-iless n\’o conditions have been met: a. The munic polity’ has elected to participate in the program; and b. The Metropotu.m Council and the municipality have negotiated and agreed on affordable and life-cycle housing goals jor the municipality. If the municipality and the Metropolitan Council do not successfully negotiate housing goals, your municipality may not participate in the Local Housing Inctntives Account Program. 9. Must my municipality participate in the Local Housing Incentives Account Program? No. Participation in the program is voluntary, but a municipality that does no. participate may at some later time elect to participate in the program. However, a municipality which later elects to participate must establish that it has spent or agrees to spend on affordable and life-cycle housing an amount equivalent to what it would have spent on affordable and life-cycle housing had goals been established for the period in which the munictp^hty was not participating. 10. If my municipality has met its housing goals in the previous calendar year, may my munici pality participate in the Local Housing Incentives Account Program? Yes. However, your municipality will not be eligible to receive grants from the Local Housing Incentives .Account Program if it met us affordable and life-c\cle housing goals. Your municipality still will be eligible for grants and 1: •• ider the Livable Communities Demonstration .Account and Tllx Base Revitalization Account ■ ograms. 11. What if my municipality chooses not to participate in the Local Housing incentives Ac count Program? .Municipalities that elect not to participate in the Local Housing Incentives Account Program are not eligible to participate in the Tax Base Revitalization .Account and Livable Commur.ities Demonstration .Account programs under the Ac*. The .Metropolitan Council is required by the Act to take into account vour municipality 's participation in the l ocal Housing Incentives Account Program when making discretionary funding decisions. In addition, your municipality will not be eligible to apply for fimds under the Department of Trade and Lconomic Development's polluted sites clean-up progritn if your municipality is not participating in the Local Hoiti 'ng Incentivts Account Program. 12. If my municipality elects to participate in the Local Housing Incentives Account Prografn. but docs not have the capacity to create additional affordable and life* cycle housing opportunities^ can my municipality give its .ALHOA amounts to other municipalities to meet negotiated housing goals? Yes. A municipality that has negotiated housing goals, but might not have adequate resources to create or maintain affordable and life-cycle housing opportumues still could be considered a panicipating mu nicipality. However, the municipality would be required to distnbute its ALHOA amount to the Metro politan Council twi disinbuiion to other participating municipalities or distnbute its ALHOA amount to a local housing and redevelopment authonry for creating affordable and life-cycle housing opportumues w'ithin the municipality. The Act permits mumcipaliiies to enter into agreements with adjacent municipali ties to cooperatively provide affordable and life-cycle housmg. The Metropob^an Council will work with municipalities to help municipalities create affordable and life-cycle housing opportunities and avail themselves of the incentives and funding available under the Act and from other sources. 13. If my municipality is using local resources to make pavTnents on a mortgage for an afford able or life-cycle housing opportunity created prior to the .Act, can these resources count toward expenditures of the municipality ’s ALHOA amount? Yes. As long as the use of the funds is directly related to your municipality 's efforts to meet its afford able and life-cycle housing goals, these local resources can be considered an expenditure of ALHOA amounts. 14. .Are the ‘roals for affordable and life-cv cle housing, as proposed by the .Metropolitan Coun cil. achievable? The goals proposed b\ the Metropolitan Council are intended to he “long-term" goals. Your munici pality will establish an action plan that identifies the steps your municipality intends to take to move toward its long-range goals. Beginning in 1998. your municipality ’s annual progress in meeting its negotiated affordable and life-cyclehousing goals will be measured agains* the annual goals your municipality sets forth its action plan. Progress toward the goals will depend on private marketplace efforts, the availability of affordable and life-cycle hou.ung resources and the use of local controls to crew t 'n environment to meet goals. T b 15. Bo tl» Metropolitan Council and a municipality negotiate and set housing goab annually? Nc. The Act envisions negotiated housing goals as a one-time process. That is why the goals are long term in nature. The Metropolitan Council will propose affordable and life-cycle housing goals that encourage your municipality to address key housing benchmarks. 16. Alter the Metropolitan Council and a municipality negotiate and set affordable and life* cycle housing goals for the municipality, what happens next? The municipality must prepare an action plan that describes how it intends to meet its negotiated goals. Tie municipality has until June 30. 1996, to submit the action plan to the Metwpolitan Council. 17. Does the Metropolitan Council have :o approve the action plan? Tie Act does not require the Metropolitan Council to approve a municipality‘s action plan. However, the Metropolitan Council will comment on the plan s content in relation to the negotiated goals that have been established, and it will attempt to identi fy potential resources available to the municipality to help the municipality meet its negotiated affordable and life-cycle housing goals. 18. What should the action plan look like? Tie suggested format will be modeled a fter 'he one used for the housing element of your comprehensive plan. • • ^ ctces Housing Goals and Benchmarks How to Use the Index Preparing Action Plans The agreed-upon goals should be considered in the preparation of action plans by a community. The action plan should be based on a comparison of its index to the benchmarks for each of the six measures across the three categories (affordability, life-cycle and density). There are three possible situauons for each measure: the index is lower than the benchmark range, within the benchmark range, or above the benchmark range. In each case where an index is below the benchmark range, the city's acuon plan should set forth imple mentation activities that will help it move towards the benchmark. For example, if a city has multifamily housmg density' that is below the benchmark range, it should consider actions such as increasing the density allowed in future development, imposing a minimum density ’ standard, and/or creating incentives to encourage higher density development, such as density bonuses in a Planned Unit Development Ordi nance. If an index is w ithin the benchm.'rk range, the city should plan actions to maintain its position w ithin the ran2e. For e.xample. if a city has an owner/renter mix that is within the benchmark range its plan might be a rev iew of land use plans for future dev elopment to assure there is sufficient land for development of the types of housmg that would keep the city within the range. If an index is above the benchmark range, the city's objective should be to stay within the range. For example, if a city has a percentage of single family housing valued below SI 15.000 that is above its benchmark ranee, it can increase the amount of higher priced housing in the commuity as long as it does not result in the affordable ownership percent falling below the benchmarks. goals pm5 3-l6#'93 Housing Goals Agreement Definitions Affordabffitv Housing is defined as affordaWe if it costs no more than 30-perceni of a household's income. The Index and Benchmarks in the bousing agreement are based (»the following: Ownership: homestead values for 1994 of $115.000 or less. Thit is the approKimatc unit cost affordable to housholds with incomes at 80-percent of the 1994 regional median income. Rental: 1990 census, rents of $500 or less per month. In 1990 this rent lev^l was affordable to households with incomes at 50- percent of regional median imrome. Life-Cycle Housing Life-cycle housing is a tenn used to refer to the availability of housing for people of ail suges of their lives. Communities with a wide variety of housing types for ownership and rent arc in a good position to meet the people s changing needs as their incomes and preferences change. The Index and Benchmarks in the housing agreement are based on the following: Type: 1993 Council esomate of the percent of all housing units that wen. not single-family detached. Owner/Renter Mux: 1990 census, percent ow ner-occupied/percent rental .housing units. Density Units per acre. Derived from the 1990 census of unit types and the Council's interpretaoon of 1990 acnal photography of the region. Single-Family Detached: All single-family detached housing units and duplexes diviHed by the Council estimate of acreage with single-family housing. Multifamily: 1990 census count of multifamily units divided by the Council estimate of land with multifamily housing develop ment Index The community's current housing situauon. Benchmark The current housing situation for the community s geographic sector and planning area. Goals The communitv s goals for housing affordability, life-cycle housing and density, goals.pm5 8-16-95 • • •DR.4FTHOUSING GO \LS AGREEMENT METROPOLITAN LIVABLE COMMUNITIES ACT PRJNCIPLES The cirv of----supports 1 A balanced housing supply, with housing available for people at all income levels The accommodation of all racial and ethmic groups in the purchase, sale, rental and location of housing within the commumn.- A variety of housing types for people in all stages of the lite-cycle A community of well-maintained housing and neighborhoods, including owTiership and rental housing Housing development that respects the natural enviro iment of the community w hile striving to accommodate the need for a vanety of hous. ig types and costs The availability of a full range of serv ices and facilities for its residents, and the improvem.ent of access to and linkage between housing and employinent GOALS To carry out the above housing principles, the City of-----agree;'to use benchmark indicators for communities of similar location and stage of development as aflordable and life-cycle housing coals for the penod 1996 to 2010, and to make its best etforts, given market conditions and ability, to remain within or make progress toward these benchmarksresource av al CITY INDEX BENCHMARK COAL OvTicrship •'o Rental Liie-Cycle Tvpe ^Non-Mnglc tarmlv Jciachcd't •^b ®0 (^uT.er/renic: M:\1.) ' Dcnsirv S;ngle-ramiiv Detached acre acre Ntultitarr.ih acre acre To achieve the above goals, the City of.......elects to pamcipate in the .Metropolitan Livable Communities .Act Local Housing Incentives Program, and will prepare and submit a plan to the Metropolitan Council bv June .'0, 1996. indicating the actions it will take to carry out the above coals CERTIFICATIO.N ■Mavor Dati to: Froffi: Date: Mayor Callahan and Orono City Council Jeanne A. Mabusih, BuHding and Zoning Administrator October 13, 1995 Subject:#James and Joann Jundi, 1400 Bracketts Point Road - Comprehensive Improve nent: Plan - Inl'ormation Item The applicant ’s consultant has submitted a comprehensive improvement plan for the 13-acre parcel. The plan was submitted on Thursday; applicant ’s deadline was scheduled for Friday, October 13lh. A large scale copy of the plan will be available for review by the Council at the rear table of the Council Chambers. A permit was issued on October 13. 1995 for the removal and replacement of fill surrounding underground tunnel leading to lower level of greenhouse October 1 1. 1995 n KRAUS-ANDERSON CONSTRUCTION COMPAxNT CO\TK \CTORS ^ CONSTRLCTIOS MANAGERS______________ Ms. Jeanne Mabusth Cit>' of Orono 2750 Kelly Parkway Orono. MN 55356 RE: Southways Residence/Cottage Orono, MN Dear .Vis. .Mabusth; Pc' the Citv of Orono s request for a comprehensive plan, please find enclosed a summary of the Variances and Conditional Use Permits to date, for the above referenced projects as follows: EXHIBIT .\ - Southwavs Residence (Entire Site Plan) EXHIBIT B • Southways Cottage Only (Site Plan) 1) #1866 Conditional Use Permit Caretaker ApanmentAlain House 2) #1867 Variances „ ^ Shoreland Ordinance and Hardcover Regulations to aliow Third Access Stair and Deck to shoreline. 3) #1868 Conditional Use Permit Guest House.'Caretaker .Apanment 4) #1907 Variance , Repair of two stone step accesswavs within the east shoreline ot property. 5) #1992 Variances/Conditional Use Permit Restoration of retaining walls located within the lakeshore protected area. Paving 4’ walkway providing access to lakeside deck at the southeast corner of the propenv and retaining wall to be repaired within we.st lakeshore yard and for 10’ service drive installed at west shore protected zone. 6) #2010 \ariances Permit structural repairs/improvements to oversized accessory structure. 7) #2048 Conditional Use Permit For a studio apanmeni within the oversized accessory detached structure that will contain a total of si,\ bedrooms. 8) #2071 Amended Variance Tree removal at tunnel and tunnel waterprooting. All work included in Items 1 through 6 hxs been completed to date. Kraus-.Anderson will submit to the Citv of Orono by Fnday, October 13. 1995 plans for issuance of building permit for the work included in Item 7. The work in Item 8 is scheduled to be ompleted in the 1995 construct'on season, once the City ot Orono grants Kraus-Anderson permission to btari this work. Midwest Division 8625 N E. Rendova Street, PO. Box 1 58. Circle Pines, MN 55014 Phone: i61 2) 786-7711 FAX: (612) 786-26oO r •. T * r* ' • r« t Ms. Jeanne Mabusth Citv of Orono October 11. 1*^95 We are also enclosing the Landscape Plan for the Cottage which indicates the balance of the site work that is to be completed this year. Please review the attached items and ,f there ts any additional tnfomiatton required, please feel free to contact us. Very truly yours. KRAUS-.^DERS0V)t0.NSTRUCri0NC0MPAa\Y MIDW'ES/ DFVISH / [cott A. Cra'^ord Project Maruiger SACtrh Enclosures cc: .Margaret Kittingcr. BBB Gary D. Benson. KA L- I 1 ’ .* * ••. ■* -• ■..“ * ;• To: From: Date: Council Michael P. GalTron, Asst. Planning & Zoning Administrator October 17, 1995 Subject: #2057 Janies T. Nystrom, 1745 Concordia Street - Request for reconsideration Attachment - Letter from James Nystrom, 10/16/95 Via the attached letter, Mr. Nystrom is asking that Council reconsider his variance icquesl *vhich Council approved v»ith conditions by a vote of 3-0 on September 11. Mr. Nystrom has been advised he may address the Council during the Public Comments section of the October 23 meeting. If Council then determines this item should be reconsidered, it can be placed on your agenda for the November 13 meeting. Nystrom Products Company Nystrom Contracting NYSTROM INC. 1701 Madison Street Nortlieast Minneapolis. Minnesota 55413-1400 (612) 781-3491 FAX (612) 781-1363 OCT 1? 1995 October 16f 1995 i- Edward J. Callahan, Jr., Mayor Orono City Council City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 Dear Mayor Callahan and City Council Members: Please accept this letter as my request to have my variance application number 2057 placed on the October 23rd City Council Calendar. The Council approved my variance application at the September 9th meeting, but only after revising my request and deleting a very Important side yard set-back variance that the Planning Commission had unanimously approved earlier. I was out of town on September 9th and therefore could not attend the City Council meeting that evening. I was informed that only three Council members were in attendance for the voting on my variance application. In view of my time, •^•'-vtjrgy, expense and accomodations associated with this application, I would most appreciably request that my application be reviewed and voted on by the entire City Council with an opportunity for me to address any concerns they may have. Thank you in advance for your consideration. Resp^t^ully submitted. James T. Nystrom cc: Greg L. Frazee Michael P. Gaffron o PERMITS ISSUED/F^ZS COLLEX?fED:BPORT NBR. BPRMTISS-1 )ATB OP RUN 10/02/95*ERMIT TYPEbuilding »GL FAMILY-NEW 5F-ADD/REMODEL 5P-ACC STRUCTURE )BMO/PRINCIPAL :OM-ADD/REMODEL :OM-ACC STRUCTUR OEMO INST-ACC STRUCT ^»LAN REVIEW ONLY )EMO-ACCESSORY \CC/GARAGES >ub-total lechanical HEATING SYSTEMS MR CONDITIONING •IREPLACE ;AS LINE INSPECT KEMOVE OIL TANK "ub-total Plumbirv KIXTUREi SPRINKLER WATER METER 'Uib-total Hewer U Water SEWER CONNECTION HEW SEPTIC SYSTE HRNFLD &/OR TANK ;AC ONLY HEWER DISCONNECT SEWER fit WATER Hub-total Hign TEMPORARY Sub-total User Defined LAND ALTERATION TREE REMOVAL LAWN SPRINKLER Sub-total irand-total QtY729 2 4. 3 1 2 0 0 1 3 52* 5 2 5 1 1 14* 14 1 2 17* 2 3 0 0 4 1 10* 1 1* 2 1 3 6* lOO** PERMIT ISSUED REPORT CITY OF ORONO-- CURRENT RANGE - 09/01/95 - 09/30/95BASE FEE11,3706,561 203 340 729 529 100 0 0 30 868 20,812 .75.50 .25 .00 .25 .75 .00 .00 .00 .00 .25 .75* 417.50 70.00 240.00 35.00 35.00 797.50* VALUATION1,730,350.00569,887.00 18.500.00 0.00 53.925.00 45,000.00 0.00 0.00 0.00 0.00 63.510.00 2,481,172.00* 31.871.00 1.920.00 15.300.00 600.00 1.150.00 50,041.00* 811.25 49,396.62 1G2.50 13,000.00 122.50 8,000.00 096.25*70,396.62* 70.00 0.00 300.00 0,00 0.00 0.00 0.00 0.00 140.00 0.00 70.00 0.00 580.00*0.00* 90.00 0.00 90.00*0.00* 100.00 0.00 30.00 0.00 105.00 0.00 235.00*0.00* PL7UJ REVIEW7,390.97 2,896.42 184.11 0.00 401.05 344.34 0.00 0.00 0.00 0.00 564.36 11,701.25* 0 0 0 0 0 0 00 00 00 00 00 00* 0.00 0.00 0.00 0.00* 0 0 0 0 0 0 0 00 00 00 00 00 00 00* 0.00 0.00* 0.00 0.00 0.00 0.00* SEPTEMBER 1995* t« * *PAGE: 1REQUESTER: LIN 23,611.50** 2,602,409.62**11,701.25** 09/01/94 )US RANGE. . .- 09/30/94QTYBASE FEE VALUATION48,151.50 2,420,275.00253,600.50 374,160.006909.50 111,700.003100,00 0.00181.00 5,600.0000.00 0.0000.00 0.002153.00 9,800.0010.00 0.0000.00 0.00 5 1,177.00 136,544.0047*14,252.50*3,050,079.00* 8 817.75 64,270.0000.00 0.00135.00 550.00270.00 850.003112.50 4,600.0014*1,035.25*70,270.00* 11 722.50 46,399.6000.00 0.00 1 235.00 0.00 12*957.50*46.399.60* 11 305.00 0.007700.00 0.00 1 50.00 0.0043,200.00 0.0000.00 0.0000.00 0.0023*4,335.00*0.00* 1 30.00 0.00 1*30.00*0.00* 1 75.00 0.00 0 0.00 0.00 1 35.00 0.00 2*110.00*0.00* 99**20,720.25**3,174,748.60* PL7J4 REVIEW5,2981,647 568 0 52 0 0 99 1,211 0 765 9,643 0 0 0 0 0 0 .49 .10 .43 .00 .65 .00 .00 .45 .93 .00 .06 .11* 00 00 00 00 00 00* 0.00 0.00 0.00 0.00* 0 0 0 0 0 0 0 00 00 00 00 00 00 00* 0.00 0.00* 0.00 0.00 0.00 0.00* 9,643.11** /J fEFwns Issued /fees coli £cted SEPTEJ^BER 1995'BPORT NBR. BFBBRPTl-1 )ATB OF RUN 10/02/95 PERMIT PEE REPORT •••*• CITY OP ORONOFROM 09/01/95 TO 09/30/95 PAGE! 39 REQUESTER: LIN BUILDING MECHANICAL PLUMBING SEWER k WATER USER SIGN FIRE \hSE FEE 20,812.75 797.50 1,096.25 500.00 235.00 90.00 0.00 ^LAN REVIEW 11,701.25 0.00 0.00 0.00 0.00 0.00 0.00 SURCHARGE 1,244.63 25.00 36.67 5.00 1.50 0.00 0.00 iilC. SEARCH FEB 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -:ac 1,700.00 0.00 0.00 0.00 0.00 0.00 0.00 INVESTIGATION 0.00 0.00 0.00 0.00 50.00 0.00 0.00 DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MAIL IN SO. 00 10.00 7.50 1.50 PERMIT TOTAL 35,530.63 833.38 1,140.42 505.00 280.00 90.00 0.00 REPORT NBR. BFEERPTl-1 UATE OF RUN 10/02/95 REPORT TOTAL BASE FEE 23,611.50 PLAN REVIEW 11,781.25 SURCHARGE 1,313.60 Lie. SEARCH FEE 0.00 SAC 1,700.00 INVESTIGATION 50.00 DEPOSIT 0.00 MAIL IN 50.00 19.00 PERMIT TOTA'l 38,475.43 ***** PERMIT FEE REPORT ***** CITY OF ORONO FROM 09/01/95 TO 09/30/95 PAGE: REQUESTER: LIN 2)^995, If58 PM PERMITS ISSUED FOR THE MONTH OF PERMIT WORK ADDR NBR STREET '•.2C 0101010101 01 01 02 02 02 04 04 04 06 06 06 06 06 06 06 10 11 11 11 11 11 11 11 11 11 11 11 12 15 16 16 16 16 17 19 19 19 19 19 19 24 24 29 29 29 29 30 52C 278016025704551650 1685 710 3593 3725 1905 1179 2605 965 1377 2660 1410 1233 2230 1495 2665 3017 1205 80 2797 2100 2400 1179 2645 705 126 116 460 450 2205 3342 2760 3350 1090 2605 2477 3465 2477 3390 3366 405 3315 1220 4025 3105 1225 1379 745 SEPTEMBER 1995ISSUED PERMIT NBR ID NUMBER COMPANYCOUNTRYSIDE DR W TRUFFULA TR THOROUGHBRED LA TONKAWA RD NORTH FARM RD CONCORDIA ST GANDER RD CRYSTAL PL TOGO RD FAGERNESS POINT 1 NORTH ARM DR MAPLERIDGE LA OLD LONG LAKE RD north ARM DR CASCO POINT RD CHERRY PL BRIAR ST BAYVIEW PL GREEN TREES RD MAPLE RIDGE LA NORTH SHORE DR NORTH ARM DR LEAF ST CASCO POINT RD SHADYWOOD RD CASCO POINT RD ELMWOOD AVE CASCO POINT RD OLD LONG LAKE RD CHEVY CHASE DR CHEVY CHASE DR TONKAWA RD ORONO ORCHARD RD BLAINE AVE NORTH SHORE DR WATERTOWN RD NORTH SHORE DR LOMA LINDA AVE MAPLERIDGE LA SHADYWOOD RD SHORELINE DR SHADYWOOD RD NORTH SHORE DR NORTH SHORE DR NORTH ARM DR CRYSTAL BAY RD TONKAWA RD WATERTOWN RD CASCO CIR SHORELINE DR PARK DR ORCHARD PK RD 95/09/07 OR 95/09/13 OR 95/09/25 OR 95/09/27 OR 95/09/26 OR 95/09/26 OR 95/09/28 OR 95/09/01 OR 95/09/07 OR 95/09/28 OR 95/09/13 OR 95/09/25 OR 95/09/22 OR 95/09/05 OR 95/09/13 OR 95/09/14 OR 95/09/27 OR 95/09/28 OR 95/09/26 OR- 95/09/29 OR- 95/09/08 OR- 95/09/05 OR- 95/09/05 OR- 95/09/06 OR- 95/09/14 OR- 95/09/19 OR- 95/09/20 OR- 95/09/25 OR- 95/09/29 OR- 95/09/29 OR- 95/09/29 OR- 95/09/29 OR- 95/09/18 OR- 95/09/22 OR- 95/09/06 OR- 95/09/15 OR- 95/09/20 OR- 95/09/29 OR- 95/09/29 OR- 95/09/11 OR- 95/09/05 OR- 95/09/11 OR- 95/09/0G OR- 95/09/06 OR 95/09/21 OR- 95/09/08 OR- 95/09/26 OR- 95/09/05 OR- 95/09/13 OR- 95/09/13 OR- 95/09/29 OR- 95/09/28 OR- -007316-007338-007339-007371-007374 -007383 -007393 -007288 -007318 -007376 -007346 -007369 -007375 -007283 -007343 -007345 -007347 -007372 -007380 -007395 -007317 -007305 -007307 -007315 -007350 -007362 -007366 -007379 -007388 -007389 -007390 -007396 -007356 -007373 -007324 •007352 007394 007401 007397 007238 007285 007291 007322 007323 007368 007327 007382 007309 007341 007342 007402 007392 15590251142779831559025117803262 15574571 14704515 18973555 14576664 00000000 14762842 00000000 16991160 14461612 14722399 00000000 00000000 18612461 00000000 19357789 00000000 15571808 00000000 14484313 14726539 00000000 00000000 00000000 00000000 18230046 10238046 18230046 17227129 14606277 00000000 14202242 00000000 14282242 00000000 16991160 14726221 00000000 14726221 14282242 14282242 14987044 00000000 00000000 00000000 14710532 14725547 14793605 14987844 EIDEN CONSTRUCTION INC RKO HOMEBUILDERS INC EIDEN CONSTRUCTION INC MURPHY BROS BLDG 6 RMDLNG DAHLSTROM COMPANIES INC BURTON MICHAEL HOMES INC HUNT KYLE & PARTNERS, INC RADFORD CUSTOM BUILDERS ALDERMAN CONST JSV CONSTRUCTION FULLERTON LUMBER CO MCGILL JIM NORDIC WINDOW CO KENNETH DURR ASSOC METRO SIDING huepenbecker roofing SMITH WF roofing SELA ROOFING SELA ROOFING SELA ROOFING GARLOCK FRECH ROOFING CO OVERHEAD CONSTRUCTION CO VEIT AND COMPANY VEIT AND COMPANY JSV CONSTRUCTION UNLIMITED SERVICES UNLIMITED SERVICES VEIT AND COMPANY VEIT AND COMPANY EBERT CONSTRUCTION DANBERRY COMPANY TAYLOR JIM JIM UZZELL CONST EBERT CONSTRUCTION INC INC PAGE 1OWNER LAST NM VAI.JATIONBORG265,150.00 200,000.00MURPHY246,500.00 200,000.00 PALM 395,000.00 150,700.00DANIELS265,000.00RADFORD9,000.00BARTH53,050.00HI BBS 40,000.00CHRISTIANSON9,360.00PAULSON41,000.00DAYTON13,150.00LINDQUIST BULLER 5,000.00 8,800.00WILBUR500.00FRANK4,000.00SCHNECK960.00WALKER24,500.00SMOOT2,000.00HIGGINS15,000.00SKAGERBERG3,000.00HALL2,850.00GRUNDEEN2.785.00ALBERTSONmm f 9 ^ • w W 2,000.00REBAGO1,000.00GARLOCK1,100.00GREENE1,000.00GOPENATH9,500.00BROWNAWELL4,950.00MCCARTHY5,100.00(JAGE 20,492.00HAMM44,000.00SWENSEN500.00 VOGT .00 .00 COUNTAN IS . 00 . 00PAULSON. 00HARLEY5,825.00COX45,000.00HERLEY3,100.00 GUTTORMSON .00 .00 45,000.00 1,000.00DWIGHT2,500.00RICE5,000.00PRAUS85,000.00TUTTLE30,000.00NASSAUER185,000.00SANSEVERE18,000.00 ( -ION, OCT 2,''T995, 1,59 PMPERMITS ISSUED FOR THE MONTH OP SEPTE3MBER 1995 PERMIT WORK ADDR NBR STREET ISSUED PAGE 2m 14C 17C SI IC IOC UD 01 1760012775012700012570 01 2875 01 2700 01 2690 02 1300 02 2350 02 1375 24 3015 29 122 29 2175 29 2940 14C 01 85 01 4080 01 2630 01 2630 01 2965 01 2775 01 2700 01 2905 01 2855 01 3050 02 975 02 1225 19 3445 24 1045 24 1075 29 4465 29 1336 17C 13 2380 1C 01 105 01 3350 01 3342 01 710 01 2700 01 2700 01 4620 01 1605 19 3390 19 3366 IOC 01 1001 01 460 01 2900 01 2760 CONCORDIP ST COUNTR/SIDE DR W COUNTRYSIDE DR H THOROUGHBRED LA DEER RUN TR COUNTRYSIDE DR H PHEASANT RD FRENCH CREEK DR SHADOWOOD DR REST PT RD CASCO POINT RD CHEVY CHASE DR SHEVLIN DR CASCO POINT RD CRISTOFORI CIR BAYSIDE RD COUNTRYSIDE DR W COUNTRYSIDE DR W DEER RUN TR COUNTRYSIDE DR W COUNTRYSIDE DR W DEER RUN TR SOMERSET LA 6TH AVE N TONKAWA RD SHORELINE DR SHORELINE DR NORTH ARM DR TONKAWA RD FOREST LAKE LANDING REST PT CIR WAYZATA BLVD BEDERWOOD DR NORTH SHORE DR NORTH SHORE DR GANDER RD COUNTRYSIDE DR W COUNTRYSIDE DR W TONKAVIEW LA CONCORDIA ST NORTH SHORE DR NORTH SHORE DR WEST FARM RD SUSSEX LA DEER RUN TR COUNTRYSIDE DR W PERMIT NBR ID NUMBER COMPANY95/09/0895/09/1195/09/1195/09/11 95/09/15 95/09/19 95/09/19 95/09/14 95/09/15 95/09/25 95/09/12 95/09/12 95/09/26 95/09/28 OR-006938OR-007330OR-007331 OR-007332 OR-007354 OR-007360 OR-007361 OR-007349 OR-007353 OR-007378 OR-007337 OR-007336 OR-007384 OR-007391 95/09/05 95/09/05 95/C9/06 95/09/08 95/09/18 95/09/19 95/09/19 95/09/19 95/09/26 95/09/27 95/09/18 95/09/21 95/09/18 95/09/06 95/09/25 95/09/12 95/09/12 OR-007304 OR-007308 OR-007320 OR-007326 OR-007357 OR-007363 OR-007364 OR-007365 OR-007386 OR-007387 OR-007359 OR-007367 OR-007358 OR-007319 OR-007377 OR-007334 OR-007335 347218263493247700000000 00000000 34701208 34932477 36332561 34278859 35712525 34282826 37575040 39296767 36332561 35350194 29723308 OOOOOO'^O 2440Sr ,0 24409030 28947600 24432921 24432921 29360103 29360103 24792097 24701208 24792097 24700522 24740202 29337200 29337200 29337200 95/09/01 OR-007303 00000000 95/09/06 95/09/06 95/09/06 95/09/08 95/09/11 95/09/11 95/09/15 95/09/29 95/09/06 95/09/06 OR-007310 OR-007313 OR-007314 OR-007325 OR-007328 OR-007329 OR-007351 OR-007398 OR-007311 OR-007312 95/09/05 OR-007306 95/09/12 OR-007333 95/09/13 OR-007344 95/09/26 OR-007381 54734300 25210128 25210128 54287393 57237155 57237155 24796715 24722316 25210128 25210128 18728281 84721919 88510942 84792585 HELLAND HEATING & AIR COND HEATING & COOLING TWO STEINKRAUS PLBG & HTG HEATING (t COOLING TWO FIRESIDE CORNER MOHS MASONRY INC AUTOMATIC GARAGE DOOR CO PRACTICAL SYSTEMS DEPENDABLE HTG k AC VOGT FRED k CO FIRESIDE CORNER DEAN'S TANK OIL DOUG LINDEN INC AMERICAN PLUMBING AMERICAN PLUMBING LAKESIDE PLBG k HTG INC SOUTHWEST METRO PLBG SOUTHWEST METRO PLBG MIKE LARSON PLUMBING MIKE LARSON PLUMBING NIEMAN PLBG k HTG INC STEINKRAUS PLBG INC NIEMAN PLBG k HTG INC WALTER HOLZER PLBG ^ HTG A-AARONS CULLIGAN CULLIGAN CULLIGAN OWNER LAST NM WOLD VALUATION El DEN TAYLOR SAGEN GROBER GERLICHER LAURIE CARLSON RAKOS FUST KNAPP HARRINGTON EIDEN EIDEN EIDEH SULLIVAN'S UTILITY SERVICE PETE'S WATER & SEWER PETE'S WATER k SEWER PATNODE BROTHERS CLOVER HILL COMPANY INC CLOVER HILL COMPANY INC KINGSWAY PLUMBING COPPIN PLBG PETE'S WATER k SEWER PETE'S WATER k SEWER DERMCO CONSTRUCTION PROFESSIONAL SPRINKLER MASTER SPRINKLER GENERAL SERVICE KEZAR HENNINGSEN TUTTLE RHYLICK ZWICKE BLACKSTONE DKMATTEO WORLEY SOUTER DNR DNR EIDEN EIDEN COURNEYA BURTON DNR DNR PIERPONT WILDMAN BUCHANAN STODDARD 2,800.005.300.00 2,000.00 2,000.00 16,500.00 6,000.00 1.100.00 8,000.00 500.00 600.00 1.271.00 1.420.00 2.200.00 1,150.00 8.500.00 7.000. 00 1.000. 00 150.00 13.000. 00 11.000. 00 9.900.00 1.038.00 1,000.00 5.000. 00 3.100.00 3.000. 00 4.600.00 1.000. 00 184.62 600.00 124.00 .00 lOM, OCT 2, X995, 1*50 PM‘>BRMITS ISSUED FOR THE MONTH OF PERMIT WORK ADDR NBR STREET '/D SEPTEMBEH 1995 ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM PAGE 3VALUATIONSC lOOC 22346C 6501098 BROWN RD N LOMA LINDA AVB 95/09/26 OR-007385 95/09/29 OR-007400 0000000000000000 GARRETT GOUTANIS .00.00 2,602,409.62* 01 Residenc®24 02 Addition 25 03 Grarage/Att ached 26 04 Garage/Detached 27 05 Porch 28 06 Deck 29 07 Fence 30 08 Gazebo 31 09 Pool 32 10 Re-sido 33 11 Re-roof 34 12 Tennis Court 13 Sign 14 Dock 15 Shed 16 Demo-Principal Structure 17 Demo-Accessory Structure 18 Move 19 Commercial 20 Institutional 21 Storm Damage Repair 22 1-100 Cubic Yards 23 101 Cubic Yards or More QO Undefined 9999 LOCAL USB CODES Undefined Replacing Existing Lifting Principal Residence v;ell Abandonment r'oundation Only Temporary Trailer P.enovate/Rcmodei Accessory Structure Stairway to Lake Retaining Wall Entrance Monuments Tree Removal Qr^995, 1:ton , OCT 2 ^WMBRICAL LISTING 55 PMSEPTEUBEK 1995 PAGE 1PERMIT NBR ISSUED CANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OWNER LAST NM VALUATION WOLD 2,800.00 HARLEY 5,025.00 LINDQUIST 5,000.00 COX 45,000.00 RADFORD 9,000.00 HERLEY 3,100.00 WORLEY .00 KNAPP 8,500.00 SKAGERBERG 3,000.00 PIERPONT .00 HALL 2,850.00 HARRINGTON 7,000.00 RICE 5,000.00 SOUTER .00 DNR .00 DNR .00 DNR .00 DNR .00 GRUNDEEN 2,785.00 265,150.00 HIGGINS 15,000.00 BARTH 53,850.00 RHYLICK 1,000.00 1,000.00 .00 .00 .00 .00 EIDEN 150.00 GUTTORMSON 1,000.00 EIDEN .00 EIDEN .00 5,300.00 2,000.00 2,000.00 WILDMAN .00 BLACKSTONE 600.00 DEMATTEO 124.00 CARLSON 1,420.00 LAURIE 1,271.00 BORG 200,000.00 246,500.00 PRAUS 05,000.00 TUTTLE 30,000.00 BULLER 8,800.00 BUCHANAN .00 WILBUR 500.00 CHRISTIANSON 9,360.00 FRANK 4,000.00 SAGEN 8,000.00 ALBERTSON 2,000.00 COURNEYA .00 VOGT .00 GROBER 500.00 OR-006938 OR-007238 OR-007283 )R-007285 OR-007288 OR-007291 OR-007303 OR-007304 OR-007305 OR-007306 OR-007307 OR-007308 OR-007309 OR-007310 OR-007311 OR-007312 OR-007313 OR-007314 OR-007315 OR-007316 OR-007317 OR-007318 OR-007319 OR-007320 OR-007322 OR-007323 OR-007324 OR-007325 OR-007326 OR-007327 OR-007328 OR-007329 OR-007330 OR-007331 OR-007332 OR-007333 OR-007334 OR-007335 OR-007336 OR-007337 OR-007338 OR-007339 OR-007341 OR-007342 OR-007343 OR-007344 OR-007345 OR-007346 OR-007347 OR-007349 OR-007350 OR-007351 OR-007352 OR-007353 95/09/08 N 95/09/11 N 95/09/05 N 95/09/05 N 95/09/01 N 95/09/11 N 95/09/01 N 95/09/05 N 95/09/05 N 95/09/05 N 95/09/05 N 95/09/05 N 95/09/05 N 95/09/06 N 95/09/06 N 95/09/06 N 95/09/06 N 95/09/06 N 95/09/06 N 95/09/07 N 95/09/08 N 95/09/07 N 95/09/06 N 95/09/06 N 95/09/06 N 95/09/06 N 95/09/06 N 95/09/08 N 95/09/08 N 95/09/08 N 95/09/11 N 95/09/11 N 95/09/11 N 95/09/11 N 95/09/11 N 95/09/12 N 95/09/12 N 95/09/12 N 95/09/12 N 95/09/12 N 95/09/13 N 95/09/25 N 95/09/13 N 95/09/13 N 95/09/13 N 95/09/13 N 95/09/14 N 95/09/13 N 95/09/27 N 95/09/14 N 95/09/14 N 95/09/15 N 95/09/15 N 95/09/15 N 1760 2477 1377 3465 3593 2477 2380 85 1205 1801 80 4080 4025 105 3390 3366 3350 3342 2797 2700 3017 3725 1045 2630 3390 3366 3342 710 2630 3315 2780 2700 2775 2700 2570 460 4465 1336 122 3015 160 2570 3105 1225 2660 2900 1410 1179 1233 1300 2100 4620 2760 2350 CONCORDIA ST SHADYWOOD RD NORTH ARM DR SHORELINE DR CRYSTAL PL SHADYWOOD RD WAYZATA BLVD CRISTOFORI CIR NORTH ARM DR WEST FARM RD LEAF ST BAYSIDE RD WATERTOWN RD BEDERWOOD DR NORTH SHORE DR NORTH SHORE DR NORTH SHORE DR NORTH SHORE DR CASCO POINT RD COUNTRYSIDE DR W NORTH SHORE DR TOGO RD NORTH ARM DR COUNTRYSIDE DR W NORTH SHORE DR NORTH SHORE DR NORTH SHORE DR GANDER RD COUNTRYSIDE DR W CRYSTAL BAY RD COUNTRYSIDE DR W COUNTRYSIDE Dk W COUNTRYSIDE DR W COUNTRYSIDE DR W THOROUGHBRED LA SUSSEX LA FOREST LAKE LANDING REST PT CIR CHEVY CHASE DR CASCO POINT RD TRUFFULA TR THOROUGHBRED LA CASCO CIR SHORELINE DR CASCO POINT RD DEER RUN TR CHERRY PL NORTH ARM DR BRIAR ST FRENCH CREEK DR SHADYWOOD RD TONKAVIEW LA WATERTOWN RD SHADOWOOD DR 01 34721826 19 14726221 06 14722399 19 00000000 02 14576664 19 14726221 13 00000000 01 29723308 11 00000000 01 18720281 11 14484313 01 00000000 29 00000000 01 54734300 19 25210128 19 25210128 01 25210120 01 25210129 11 14726539 01 15590251 10 15571008 02 00000000 24 24740202 01 24409030 19 14282242 19 14282242 16 14202242 01 54287393 01 24409030 24 00000000 01 57237155 01 57237155 01 34932477 01 00000000 01 00000000 01 84721919 29 29337200 29 29337200 29 39296767 24 37575040 01 14277983 01 15590251 29 14710532 29 14725547 06 00000000 01 00510942 06 00000000 04 00000000 06 10612461 02 34278859 11 00000000 01 24796715 16 00000000 02 35712525 HELLAND HEATING fc AIR COND UNLIMITED SERVICES, INC. MCGILL JIM RADFORD CUSTOM BUILDERS UNLIMITED SERVICES, INC. DOUG LINDEN INC DERMCO CONSTRUCTION HUEPENBECKER ROOFING SULLIVAN'S UTILITY SERVICE PETE'S WATER 6 SEWER PETE'S WATER & SEWER PETE'S WATER fc SEWER PETE'S WATER & SEWER SMITH WF ROOFING ElDEN CONSTRUCTION INC METRO SIDING A-AARONS AMERICAN PLUMBING VEIT AND COMPANY VEIT AND COMPANY VEIT AND COMPANY PATNODE BROTHERS AMERICAN PLUMBING CLOVER HILL COMPANY INC CLOVER HILL COMPANY INC HEATING k COOLING TWO PROFESSIONAL SPRINKLER CULLIGAN CULLIGAN VOGT FRED fit CO DEPENDABLE HTG fit AC RKO HOMEBUILDERS INC EIDEN CONSTRUCTION INC DANBERRY COMPANY TAYLOR JIM MASTER SPRINKLER NORDIC WINDOW CO MOHS MASONRY INC KINGSWAY PLUMBING AUTOMATIC GARAGE DOOR CO ' • rION, OCT 2,"^995, lUMERICAL LISTING 1:55 PMSEPT PAGE 2R 1995»BRMIT NBR ISSUED CANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OWNER LAST NM VALUATION)R-007354)R-007356)R-007357)R-007358>R-007359 )R-007360 )R-007361 )R-0073€2 )R-007363 >R-007364 7R-007365 3R-007366 OR-007367 OR-00736S OR-007369 OR-007371 DR-007372 DR-007373 OR-007374 OR-007375 DR-007375 DR-007377 OR-007378 DR-007379 DR-007380 OR-007301 OR-007382 OR-007383 OR-007384 OR-007385 OR-007386 OR-007387 OR-007388 OR-007389 OR-007390 OR-007391 OR-007392 OR-007393 OR-007394 OR-007395 OR-007396 OR-007397 OR-007398 OR-007400 OR-007401 OR-007402 lOOC 95/09/1595/09/1895/09/1895/09/1895/09/18 95/09/19 95/09/19 95/09/19 95/09/19 95/09/19 95/09/19 95/09/20 95/09/21 95/09/21 95/09/25 95/09/27 95/09/28 95/09/22 95/09/26 95/09/22 95/09/28 95/09/25 95/09/25 95/09/25 95/09/26 95/09/26 95/09/26 95/09/26 95/09/26 95/09/26 95/09/26 95/09/27 95/09/29 95/09/29 95/09/29 95/09/28 95/09/28 95/09/28 95/09/28 95/09/29 95/09/29 95/09/29 95/09/29 95/09/29 95/09/29 95/09/29 NNNNN N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 287545029653445975 2700 2690 2400 2775 2700 2905 1179 1225 405 2605 455 2230 2285 1650 965 1905 1075 1375 2645 1495 2760 1220 1685 2175 650 2855 3050 705 126 116 2940 745 710 3350 2665 460 2605 1685 1098 1098 1379 RD DR DR W W DEER run TR ORONO ORCHARD RD S DEER RUN TR SHORELINE DR TONKAWA RD COUNTRYSIDE DR W PHEASANT RD CASCO POINT COUNTRYSIDE COUNTRYSIDE DEER RUN TR ELMWOOD AVE SHORELINE DR NORTH ARM DR MAPLERIDGE LA TONKAWA RD BAYVIEW PL BLAINE AVE NORTH FARM RD OLD LONG LAKE RD FAGERNESS POINT RD TONKAWA RD REST PT RD CASCO POINT GREEN TREES COUNTRYSIDE TONKAWA RD CONCORDIA ST SHEVLIN DR BROWN RD N SOMERSET LA 6TH AVE N OLD LONG LAKE RD CHEVY CHASE DR CHEVY CHASE DR CASCO POINT RD ORCHARD PK RD GANDER RD NORTH SHORE DR MAPLE RIDGE LA TONKAWA RD MAPLERIDGE LA CONCORDIA ST LOMA LINDA AVE LOMA LINDA AVE PARK DR RD RD DR 01120119 02 01 01 11 01 01 01 11 02 19 04 01 06 15 01 04 02 24 02 11 0 b Cl 24 01 29 22 01 01 11 11 11 29 30 01 16 06 11 17 01 34 16 29 34701208146062772894760024700522 24701208 34932477 36332561 00000000 24432921 24432921 29360103 00000000 24792097 14907844 16991160 17803262 00000000 00000000 15574571 14461612 14762842 29337200 34282826 00000000 19357709 84792585 00000000 14704515 36332561 00000000 29360103 24792097 18238046 18238046 18238046 35350194 14987844 18973555 14202242 00000000 17227129 16991160 24722316 00000000oooocooo 14793605 STEINKRAUS PLBG 6 HTG OVERHEAD CONSTRUCTION CO LAKESIDE PLBG U HTG INC WALTER HOLZER PLBG k HTG STEINKRAUS PLBG INC HEATING fit CCX)LING TWO FIRESIDE CORNER SOUTHWEST METRO PLBG SOUTHWEST METRO PLBG MIKE LARSON PLUMBING NIEMAN PLBG & HTG INC EBERT CONSTRUCrriON JSV CONSTRUCTION MURPHY BROS BLDG fit RMDLNG DAHLSTROM COMPA14IES INC FULLERTON LUMBER CO ALDERMAN CONST CULLIGAN PRACTICAL SYSTEMS KENNETH DURR ASSOC GENERAL SERVICE BURTON MICHAEL HOMES INC FIRESIDE CORNER MIKE LARSON PIAJMBING NIEMAN PLBG fit HTG INC SELA ROOFING SELA ROOFING SELA ROOFING DEAN'S TANK OIL EBERT CONSTRUCTION HUNT KYLE fit PARTNERS, VEIT AND COMPANY INC GARLOCK FRECH ROOFING CO JSV CONSTRUCTION COPPIN PLBG JIM UZZELL CONST HAMM HENNINGSEN El DEN TAYLOR REBAGO EIDEN EIDEN GARLOCK TUTTLE PAULSON MURPHY SCHNECK SWENSEN DAYTON HIBBS ZWICKE GERLICHER GREENE WALKER STODDARD DWIGHT PALM RAKOS GARRETT KEZAR GOPENATH BROWNAWELL MCCARTHY FUST SANSEVERE DANIELS SMOOT GAGE PAULSON BURTON GOUTANIS GOUNTANIS NASSAUER 16.500.0044.000. 0013.000. 004.800.00 3.100.00 6,000.00 1.100.00 1,000.00 11.000. 00 9.900.00 1.030.00 1.100.00 3,000.00 45.000. 00 41.000. 00 200,000.00 960.00 500.00 395,000.00 13.150.00 40.000. 00 184 600 1,000 24,500 62 00 00 00 .00 2.500.00 150,700.00 2.200.00 .00 1,000.00 5.000. 00 9.500.00 4.950.00 5.100.00 1.150.00 18,000.00 265.000. 00 .00 2.000. 00 20,492.00 .00 .00 .00 .00 185.000. 00 ■5* tHBR. 6RRMT1SS-1 'ATE OF RUM 10/02/95 ZONING PERMITS ISSUED/FEES COLLECTED• PERMIT ISSUED REPORT CITY OF ORONO >PAGBt REQUESTER; LIN-- CURRENT RANGE - 09/01/95 - 09/30/95 -- PREVIOUS RANGE - 09/01/94 - 09/30/94*ERMIT TYPE QTY BASE FEB VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEW leer Defined SUBDIVISION 3 1,200.00 0.00 0.00 1 400.00 0.00 0.00 /ARIANCE 4 900.00 0.00 0.00 3 600.00 0.00 0.00 njp 1 200.00 0.00 0.00 2 375.00 0.00 0.00 JKBTCH PLAN 0 0.00 0.00 0.00 1 200.00 0.00 0.00 /ARIANCB/CUP 0 0.00 0.00 0.00 1 200.00 0.00 0.00 \PPBAL 0 0.00 0.00 0.00 1 100.00 0.00 0.00 ’»ub-total 0*2,300.00*0.00*0.00*9*1,075.00*0.00*0.00* >rand-total 2,300.00**0.00**0.00**9**1,075.00**0.00**0.00** REPORT NBR. BFEERPT2-] DATE OF RUN 10/02/95 ***** PERMIT FEE REPORT ***** CITY OF ORONO FROM 09/01/95 TO 09/30/95 BASE FEE USER 2,300.00 REPORT TOTAL 2,300.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 PERMIT TOTAL 2,300.00 2,300.00 PAGE; REQUESTER; LIN PEI^IS ISSUED/FEES COLTECTH)'REPORT HBR. BPRMTISS-1 IJATE OF RUN 10/02/95PERMIT TYPE Building SGL PAMILY-NBH DUPLEX-NEW SP-ADD/RBMODBL SP-ACC STRUCTURE DBMO/PRINCIPAL COM-ADD/RBMODBL COM-ACC STRUCTUR DBMO INST-ADD/REMODEL INST-ACC STRUCT SP-LAND ALT PLAN REVIEW ONLY DEMO-ACCESSORY ACC/GARAGBS Sub-total Mechanical HEATING SYSTEMS AIR CONDITIONING WOOD STOVE/FLUE FIREPLACE VENTILATION FUEL STORAGE GAS LINE INSPECT DUCT WORK ONLY REMOVE OIL TANK UNDEFINED Sub-total Plumbing FIXTURES SPRINKLER WATER METER UNDEFINED Sub-total Sewer k Water SEWER CONNECTION WATER CONNECTION NEW SEPTIC SYSTE DRNFLD fc/OR TANK SAC ONLY SEWER DISCONNECT SEWER k WATER Sub-total Sign PERMANENT/POSTED PER./FREE STANDG QTY 30 0 191 24 14 11 X 3 3f 0 1 1 7 11 297* 50 14 0 42 2 0 4 8 6 1 127* 98 1 6 3 108* 8 0 30 3 7 4 2 54* 2 2 \_PERMIT ISSUED REPORT CITY OF ORONO-- CURRENT RANGE - 01/01/95 - 09/30/95BASE FEE 51,323 0 44,909 3,993 960 3,312 529 130 331 0 72 0 230 2,200 107,991 .85 .00 .00 .50 .00 .00 .75 .00 .25 .00 .00 .00 .00 . 00 .35* 4,219 700 0 1,875 70 0 140 280 210 247 7,742 .69 .00 .00 .00 . 00 .00 . 00 . 00 .00 .50 .19* VALUATION 9.122.628.00 0.00 4.750.704.00 417.200.00 0.00 446.467.00 45,000.00 0.00 17,800.00 0.00 5,000.00 550,000.00 0.00 146.185.00 15,500,984.00* 321.900.00 42.405.00 0.00 105.274.00 3.275.00 0.00 1.700.00 7.065.00 6.600.00 19.800.00 508,019.00* 6,964.97 461,892.24162.50 13,000.00604.50 9,200.00105.OC 1,700.007,836.97*485,792.24* 280.00 0.000.00 0.003,000.00 0.00150.00 0.005,950.00 0.00140.00 0.00140.00 0.009,660.00*0.00* PLAN REVIEW 33,359 0 23,566 2,541 0 617 344 0 158 0 46 1,423 0 1,416 63,473 .13 .00 .15 .17 .00 .66 .34 .00 .60 . 00 .80 .18 . 00 .35 .38* 0.00 0.00 0.00 0.00 0.00 o.oc 0.00 0.00 0.00 0.00 0.00* 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 00 CO 00* 00 00 00 00 00 00 00 00* year -todateQTY 28 1 162 23 11 6 0 0 3 3 0 1 1 19 258* 61 7 3 23 1 1 9 PAGE:REQUESTER: LIN-- PREVIOUS RANGE - 01/01/94 - 09/30/94 BASE FEB 41,605 15 21,525 2,648 560 558 0 0 1,079 360 0 0 30 2,901 71,282, 5,624 265 151 1,315 35 35 315 .00 .00 .50 00 00 00 00 00 50 00 00 00 00 00 00* 80 08 25 00 00 00 00 VALUATION 10,045,495.00 500.00 2,259,781.80 259.800.00 0.00 42.900.00 0.00 0.00 125.240.00 29.800.00 0.00 0.00 0.00 322.148.00 13,085,664.80<^ 430,212 14,661 10,200 85,039 1,150 2,000 6,365 .84 . 00 .00 .16 .00 .00 .00202.50 8,535.0014506.25 15,950.002499.56 39,925.00126*8,949.44*614,038.00* 94 6,730.42 454,236.6900.00 0.00112,069.00 0.0000.00 0.00105*8,799.42*454,236.69* 29 1,015.00 0.007245.00 0.00292,900.00 0.003200.00 0.002115,200.00 0.0000.00 0.004280.00 0.0093*19,840.00*0.00* PLAN REVIEW 27,043.34 0.00 10,419.56 1,612.66 0.00 134.55 0.00 0.00 281.13 234.00 0.00 1,211.93 0.00 2,026.06 42,963.23* 0 0 0 0 0 70.00 70.00 1,500.00 400.00 0.00 0.00 2 1 70.00 39.00 0.00 1,200.00 00 00 00 00 00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 I>£»irrs ISSIED/FEES COIiECrED f YEAR-TO-DATERBPCnrr NBR. DATE OP RUN BPRMTISS-110/02/95 ***** PERMIT ISSUED REPORT CITY OF ORONO * * * It«PAGE:REQUESTER: LIN-- CURRENT RANGE - 01/01/95 - 09/30/95 -- PREVIOUS RANGE - 01/01/94 - 09/30/94PERMIT TYPE QTY BASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEWTEMPORARY3150.00 0.00 0.00 3 90.00 0.00 0.00Sub-total 290.00*1,900.00*0.00*6*199.00*1,200.00*0.00*Fir*PIRBNORKS 3 150.00 0.00 0.00 0 0.00 0.00 0.00 Sub-total 3*150.00*0.00*0.00*0*0.00*0.00*0.00* Us«r Defined LAND ALTERATION 14 730.00 3,000.00 0.00 8 475.00 0.00 0.00 TREE REMOVAL 5 150.00 0.00 0.00 4 120.00 0.00 0.00 RETAINING WALLS 1 100.00 0.00 0.00 2 89.00 4,500.00 0.00 LAWN SPRINtCLBR 9 315.00 0.00 0.00 11 385.00 0.00 0.00 Sub-total 29*1,295.00*3,000.00*0.00*25*1,069.00*4,500.00*0.00* Grand-total 625**134,965.51**16,499,695.24**63,473.38**613**110,138.86**14,159,639.49**42,963.23** PEI^ITS ISSUED/FEES TOLLECTE?/SEPTEIBFJ^ 1995{EPORT NBR. BFBERPT2-1 >ATB OF RUN 10/02/95)ABB FEE '•LAN REVIBH iURCHARGE '.1C. SEARCH FEB :AC INVESTIGATION I >EPOSIT nuii,niHG107,991.35 63,473.38 7.490.74 0.00 4,250.00 3.379.75 0.00 lAIL IN •0.00 "ERMIT TOTAL 186,585.22 REPORT NBR. BFEERPT2-1 DATE OP RUN 10/02/95 BASE PEE REPORT TOTAL 134,965.51 PLAN REVIEW 63,473.38 SURCHARGE 8,027.44 Lie. SEARCH FEE 0.00 SAC 4,250.00 INVESTIGATION 3,564.75 DEPOSIT 0,00 MAIL IN 166.4550.00 PERMIT TOTAL 214,447.53 PERMIT FEE REPORT •* CITY OF ORONO FROM 01/01/95 TO 09/30/95MECHANICAL 7,742.19 0.00 256.88 0.00 0.00 0.00 0.00 108.60 PLUMBING 7,836.97 0.00 251.82 0.00 0.00 0.00 0.00 53.35 SEWER i HATER 9,660.00 0.00 23.50 0.00 0.00 l‘'-.00 f JO 8,107.67 8,142.14 9,783.50 * * t « *PERMIT FEE REPORT CITY OF ORONO FROM 01/01/95 TO 09/30/95 # * * * USKP. 1,295.00 0.00 4.50 0.00 0.00 05.00 0.00 4 . 50 1,309.00 X . 1PAGE I 1 REQUESTER: LINSIGN 290.00 0.00 0.00 0.00 0.00 0.00 0.00 FIRE 150.00 0.00 0.00 0.00 0.00 0.00 0.00 290.00 150.00 PAGE: REQUESTER: LIN ____ ZONING __PERMITS I^IED/FEZS COLLECTED V.year-to-datebprmtiss-1DATE OP RUN 10/02/95PERMIT TYPEUser Defined SUBDIVISION VARIANCE CUP SKETCH PLAN VARIANCE/CUP VACATION APPEAL Sub-total Grand-total QTY14 46 14 8 6 1 1 90* 90** V* PERMIT ISSUED REPORT CITY OP OROHO-- CURRENT RANGE - 01/01/95 - 09/30/95BASE FEE6.415.00 9.350.00 3.025.00 1.600.00 2,175.00 550.00 100.00 23,215.00* 23,215.00** VALUATION 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00** PLAN REVIEW 0.00 0.00 0.00 0.00 0.00 0.00 0 0 00 00* 0.00** OTY 12 41 14 3 6 0 1 77* 77** PAGE:REQUESTER: LIN-- PREVIOUS RANGE - 01/01/94 - 09/30/94BASE FEE 9,275. 8,125. 2,200. 600. 1,000. 0. 100. 21,300. 00 00 00 00 00 00 00 00* 21,300,00** VALUATION 0 0 0 0 0 0 0 0 00 00 00 00 00 00 00 00* 0.00** PLAN REVIEW 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0. oc- 0.00** REPORT NBR. BFEERPT2-1 DATE OF RUN 10/02/95 ***** PERMIT FEE REPORT ***** CITY OF ORONO FROM 01/01/95 TO 09/30/95 BASE FEB USER 23,215.00 REPORT TOTAL 23,215.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 PERMIT TOTAL 23,215.00 23,215.00 PAGE t 1 REQUESTER: LIN 1995 UZAP OF CwrriACT CITIESJanuary February Warch Apr\{Juneing Pan Plan PavfeM Inspections RetainerTOTAL Ro. Plan RevteMS No. Inspectforv Minnetonka leach Plan Review Inspections Retainer TOTAL No. Plan Reviews No. Inspections July August Septeiwber October November0.00225.00 25.00250.00 0 15 0.00 135.00 25.00 160.00 0 9 5.416.77 210.0025.005.651.77 8 14 1.075.43 45.00 25.00 1.145.43 1 3 2.016.9775.0025.002.116.97 6 5 143.35 105.00 25.00 273.35 3 7 0.00 2,027.67 4,543.85 227.18 1.898.00 904.97180.00 90.00 195.00 255.00 495.00 510.0025.00 25.00 25.00 25.00 25.00 25.00205.00 2,142.67 4,763.85 507.18 2,418.00 1.459.97 0 3 2 2 6 9 12 6 13 17 33 34 32.20 816.56 210.92 4,525.71 885.30 665.92 45.00 75.00 135.00 120.00 120.00 45.00 25.00 25.00 25.00 25.00 25.00 25.00 102.20 916.56 370.92 4,670.71 1.030.30 735.92 2 9 2 8 2 3 *10.00 6,797.20 2.3^.32 307'.20 I.059.Z3 TTO Totals17.035.41 1,555.00225.0019.495.41 36 149 8.355.39 825.00 225.00 9.405.39 17 IMCCLAKE MINNETONKA COMMUNICATIONS COMMISSION 540 SECOND STOEET • PO. BOX 473 • EXCELSIOR. MN 5533 J-0473 612. 474-5539 • FAX 612. 474-0430 OEEPHAVEN EXCELSIOR GSEENUIOOO LONG LAKE MEDINA MINNETONKA BEACH MINNETRISTA ORONO ST. BONIFACIUS SHORE WOOD SPRING PARK TONKA BAY LICTORIA 'JVOODLANO October 17, 1995 Mayor Edward Callahan and City Council Members City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mayor Callahan and Council Members: Your Lake Minnetonka Communications Commission (LMCC) has otticially .started the first phase of proceedings that will stimulate the development ot "future" communication services to the residents of our fourteen cities. We have been carefully watching the major changes in technology, that will ultimately allow one or more communication carriers to distnbute a multitude of sersices that will all be transmitted over the new fibre, optic methods of disseminating telephone, television, data, etc., etc. Early in the conception of this idea, we recognized a couple of important challenges that will have a direct bearing on our success. First. 1 .strongly encourage you to be certain that the people appointed to the I.MCC by Orono, will be active and involved in the prtKess and challenges we will encounter in exploring "future" communication technology. Second, we realized that any interested competitor may attempt to have some level of their company personnel appointed to the LMCC. It could give them the opportunity to influence and/or vote on the official direction this Commis.sion may pursue in granting a second franchise agreement or renewing the existing one with Triax Cablevision. In light of that. I ask you to carefully look at anyone who will be appointed to the LMCC. We want to examine "future" communication providers and make educated deci.sions that will best represent our cities and the residents. We expect this to be complicated and involved, but once the process is complete w e w ill have the same level of services that are available to any other city in our Minneapolis/SL Paul metropolitan area. That is our goal! 4T> ' .?r HL Mayor Callahan and Council ktembers October 17.199S Page! As we continue to move forward with the advancement of communications, we must be certain the United States Congress and the Minnesota State Legislature, understand that the various levels of regulation have to be unitormly applied to all providers of service, so that one company does NQT have an advantage over any other. The pending artion in Congress and our unsuccessful effort to pass H.T. 620 at the 1995 Minnesota State Legislature, clearly proves that this is a major challenge for 1996. Our intention is to keep you well informed and (xrcasionally ask for some city council action to emphasize our point If you have any questions on these subjects or the Lake Minnetonka Communications Commission can assist you in any other manner, please call our office in Excelsior (474.5539). Sincerely, LAKE MINNETONKA COMMUNICATIONS COMMISSION CL, Ann C. Thies Chair cc; Commissioner Pattrin i__ Minnesota Department of Transportation Metropolitan Division Waters Edge Building 1500 West County Road B2 Roseville, Minnesota 55113 October 16, 1995 OCT 1 8 Mr. Ronald J. Moorse, Cit>’ Administrator City of Orono P.O. Box 66 Cr>’stal Bay, Minnesota 55323-0066 RE: Control Section (C.S.) 2713 Trunk Highway (T.H.) 12 at Wayzata Boulevard Dear Mr. Moorse: We have received your letter regarding the prop)osed signalization ot the subject interse^-t’or We recognize your concerns and are also interested in preserv ing the mobility of motorists along Trunk Highway (T.H.) 12 without compromising safety. As vou have stated, the installation of a signal at this location will likely increase delay along T.H. 12 to a number of motorists. Though our signal systems operate on a 'traffic actuated’ basis, there will be times when T.H. 12 traffic would have to stop for cross traffic. Should the signal be installed, we would attempt to minimize this delay by coordinating it with those between Lake Street and Old Crystal Bay Road. In order to provide adequate sight distance to the signal, we would review the need for advance warning flashers, and require their installation, should this location meet the criteria. In this manner, we would hope to provide advance notice of the signal for motorists along T H. 12. We have had previous conversations regarding this intersection with both Orono and Wayzata. Our primarv concern with this location would be to provide sate access to cross street traffic, should the volume be significantly increased. Originally, the development ot parcels in this area was minimally going to impact the intersection. Low volumes of traffic, accessing T.H. 12 will do little to impact the present intersection or its operation. However, we understand that the present proposal is to increase traffic substantially, which may make it necessary to provide additional controls at the intersection. We have not received volume information or justification for the proposed signal, and will not agree to its installation until this is received and reviewed. The City of Wayzata. as the requesting agency, will need to provide the information, as well as the design and necessary agreements to proceed with the project. Once we receive the data, we will be happy to provide you with a copy as you have requested. An Equal Opportunity Employer iT4 Ronald J. Moorse October 16. 19^5 Page Two We appreciate your suggested alternatives. Low traffic volumes from the proposed development will likely result in leaving the intersection m its present state. It is the responsibility of Wayzaia to justify this installation. Y'our second alternative may likely be part of the long term solution to the T.H. 12 corridor suidy. Until a solution is reached and agreed to by the participants. Mn/DOT will not proceed with large construction projects along T.H. 12. I hope thi«; adequately addresses your concerns. Please feel free to contact Sue Scharenbroich (779-5185), Division Traffic Engineer or Val Reinaas (582-1293) T.H. 12 Corridor Manager, with any questions you may have. Sincerely, Allan E. Pmt, P.E. Assistant Division Engineer cc; Allan Orsen, City Manager Wayzata City Hall 600 Rice Street Wayzata, MN 55391 >1^ ^ WEST SUBURBAN MEDIATION CENTER 1011 Fiist Street South, Suite 200, Hopkins, NL\ 55343 (612) 933-0005 Fax: (612) 933-8455 October 12, 1995 Mayor and Ciw Council City of Orono 2750 Kelley Parlo^ay Orono, MN 55323 Dear Mayor and City Council; Third quarter repon for residents, city staffer businesses in Orono: 1 Juvenile assault. Operation de Novo referral, mediated with signed agreement 2. Landlordytenant, Housing Court mediation We would be glad to be present at a Council meeting to make a presentation on our services (and to city staff) Sincerely, Executive Director 13 REGIONAL BLUEPRINT i‘•um il M 4f% t*4tk ( t It) Tilili SI MN SjIOI km bl2 JJl ui.iU. lull 2il ujol li S »*< )• I *vrf »‘AIU Si 1^4. MN 'OCT 5 i'jylj • OllAcO NOOIS£ AONimiTlATOi CITf Of OIQ mO PQ tOI U CttSTAL OAT R« 5532J006A I 44*2 HC1)391 0 Rl«CirOi«] |M|M« C4I» L««:» 4l SUbl bU'. |HI .1 VW«>>^I>|IW( » t .kr O WHAT IS UPDATE? UpdaUB newsletter helps you keep up-to date on the Metropolitan CourKil's Regional 8/ueprmr related activities, especially planning under way to select a growth option for the region The Blueprint contains regional goals and policies to achieve the kind of Twin Cities region the community wants The Council recently expanded ^ mailing list for Update. readers! B Three growth oPTtori^ This summer, the Council identified three general growth options for the region to the year 2020 The options suggest very different development patterns One is a spread out pattern, largely responding to the market (We call It 'Spread Development**) The second. 'Concentrated Development," restricts new growth to the area within thf currently planned Melropc an Urban Service Area (MUSA) The Uurd concept, "Channeled Development." locates part of the now growth near certain transportation corridors in the already developed part of the region, and extending the corridors into what IS now rural area The Council will select one option or one containing some combination of features and make it part of its DIucpnnt plan B RECENT ACTIVITIES Since publication of the last lind.iU: the Counnl has been holding community meetings throughout the region to discuss development issues and hear reactions to the three options. The Council and loca! officials toured many sections of the region, plus a number of ad)acent counties, to see the extent of development and redevelopment opportunities first riand In addition, staff are workuig on two studies that will help assess the three options One measures tfie impact of the metropolitan urban services boundary on land costs. A second compares public service costs for the three 442ptions Sta^ ^Iso are preparing community-level forecasts of populationNind households for each option, ^he studies and the forecasts are expected to be completed in tne next few months \ a IMPRESSIONSV FROM COMMUNITY MEETINGS AND TOURS ^ \ Here is some of what the Council ts finding: \ • The region s economic sphere IS much larger than seven counties The severvcounty area, plus a number |^of surrounding counties, make up the region’s “real" econorpic engine For example, roughly hall the workers in three counties just across the St Croix River in Wisconsin commute to the TUin Cities area In counties dir to the north, that figure about 50 percent directly is^also • People are moving la^Jhcr out. osi>ecially where thoie is qood Stplefiib€r 1995 highway accessibility and attractive amenities Reasons cited by local officials include aime in the seven county area (or the perception of it), inai det ruf riT” 1C ■" t .j. ‘ ^ m ta*p«yf f|. ^4/t 1; incf4»flnoiy i reluctant .to; approve facilities « needed to accommodate rising enrollments. e Growing numbers of large, expensive homes costing $300,000 and up are being built in developing suburbs and rural areas. Council forecasts suggest that the baby-boomers buying those homes today will be followed by a generation of only half its size, making it difficult for aging boomers to sell these homes when they so desire • Some cities want growth, but increasing numbers of cities don't Tfiis challenges the notion of a uniformly expanding ring of development around the region • Redevelopment opportunities exist in the inner cities and subuibs, but pollution cleanup and road and other infrastructure improvements make the task difficult To be clleclivo, redevelopment needs to be linked with job training, education and public salety improvements • Flighway capacity is an issue in every part of the region Here are the sdme referring questions: • What is the real cost of development and how does it get factored into decision making? Does development pay tor itself? • How much coordination is occurring, or needed, between schools and other governmental units making land-use decisions that largely determine school population? • Some parts of the region are excellent areas for housing. What weight should this receive in regional level planning? • What are the future implications of today's market trends? How might changing demographics affect the market? a FISCAL STUDY UNDER WAY Cost is a key criteriona in evaluating the three options. Council staff is assessing the cost implications by 1) identifying the population growth and where it will locate; 2) then translating the population growth into public "SSfvIc^ costs. ‘ V ; The/ next steps HrivSIve projecting the public revenues induced by growth; and 4) comparingdevelopment-induced costs with revenues. Costs to be identified in the study irKHude schools, roads, water, sewer and storm drainage. D LAND COST STUDY Council staff are looking into the land cost changes occurring in Chanhassen, Inver Grove Heights and Plymouth after the land became part of the MUSA. Sites just outside the urban service area in the three cities will be used for a comparison. The goal is to Identify the change in land value based solely on its inclusion in the MUSA. A second part of the study looks at various mechanisms to capture land value windfalls for public use. D FORECASTS FOR THE THREE OPTIONS Every five years the Council.^ revises its regional and lo^l forecasts of populati^, households and emploffhent. The revised forecasts^re being prepared this fall.^ Staff^re ^eparing forecasts for counties, cities and townships based on current regional growth policies, historical trends, and community desires as the Council has done in previous forecasts. Staff also will prepare community for^asts built upon the assutnptions in the Concentrated Development and Channeled Development options. The results %will help the region evaluate the likely impact of the growth slenarios. % a FOR M<^E INFORMATION Call the Cr^ncil's data center at 291 8140 and ask for a free copy of a bro^ure. Choosing an Urban Development Options for the Twin Cities Area: 1995 2020. It desaibes the options and contains ftrend and forecast information. Call Qcnna Mattson of the Council staff at 291 -6493 if you wouIrT like us to make a pr^entation to your group. l^you have an online computer you can access information and ^ comment via the Twin Cities Computer Network, or call the Metro Information Hotline, 229- 3780. The public is also invited to attend Council committee meetings where the growth options will be discussed. Ijl'Sp.'V' Westonka Public School District Nov. 7,1995, Levy Referendum Why iloes the School District neeil to pass an operating levy relerendum? • The Minnesota Lcgislaurc has not kept pace in aijequatcly funding public education. School funding has increased by only S55 per student this year. This is the tirsl increase in six \ears. Considering an inllaiion rate ot three percent a year on a S12 million budget, state funding would ha\e required an mcrcase of at least S150 of revenue per student per year. • The Westonka Board of Education and school administration have worked diligcndy to keep quality instructional services and co-cumcular programs for Westonka students, llie School Board has Ixen reducing expenses and. in 1990 in order to keep cuneni programs and services in pLice. chose to eliminate the two percent budget reserve it had been maintaining. • Westonka School District voters chose to support education widi tui SSSO.OOO I'perating levy reterenduiv in 19119. In 1994, however, an election to extend that levy failed by 11 votes (3.639 yes votes to 3.670 no votes or a 0.15 of l^r margin). • After the failure of the 1994 referendum. Lhe Westonka School Board carefully considered its options .and decided that an annual reduction of SSSO.OOO would have a devasiaung elfect on iirsuaiciional services. As a result, the phui to recover from the failure of the 1994 levy renew al included the follow ing: • Reduce $220,000 of expenses from the 1995-96 budget. • Recognize the f.act that the .severe loss of educativiii funding w ould put the district in statutory operating debt. • Conduct another levy vote in tlie fall of 1995, and. with coinjiiuimy support for a successful pas.sage, ininunize die 1995-96 loss of SSSO.OOO by spreading die remaining 5660.000 (S220.000 per year) over the next three yc.ors. Didn't Westonka voters approve a relerendum recendy? • In 1993, voters of the district approved a b<md relerendum. Hut vote iillowed bonds to be issued to pay lor the remodel ine and renovauon of buildings, for the purchase ui computers ;uid software and for eoniinumg to provide safe, heiddiy school buildings. • It is imporuiu to re;dize that there is a distinction between a bond relerendum and an operating levy referendum. Dolhirs from .1 bond refer .mdum may only he U'Cd for !ong-;crni building, leinodelnig. .'e:iovaiions .and technology. Operating lew referendum doll.irs inav onlv be uscu : :r ge:;er;ii :.;:id edaciiuon.n iuid .-.perating expenditures. Suite !.iw requires a• ^ * separate accounting for die revenues of the !wo dilferem iype> of reiereiidutns. Is this issue unique to the Westonka Public Schools? • Due to die nuidequacy of state funding, .i.i 14 school di.stncts in suburr.ui Hennepin Couniy have found it es.scnii.'d to a.sk their voters to approve I'pcraung le- te.. .\s a re.sait die i.uiu-e ol me i994 referendum. '.Ve-.tonka has me lowe.st per- student revenue of the 14 suburban di.^tr.cut. liven wndi sueee:..slul pa.sage of d'.is referendum. We.stoiika Public Schtxsls would have die second lowesi per .tudent revenue of :he i4 suburb.ui school diisuricus. (See c.hari on back.) • Dunne i.''e 197(9s and early ’SOs. die Wei>:::nk:i schools were liscallv responsible m requesting an additional oper.ating levy only as . jn ling troin the Legislature te.l short. Odier di.stncb. howeve.u lev led to seek addttion.d revenues specifi- caJl'y for die purpose of enhuiciiie edueatioiial piogrtuius. Suite l.ivv now caps d.e amount of operational money thatetm be rai.scd dirougn the levy process, but etg.nt oi die 14 suburban Hennepin County school districts tu-e allowed to mam- uiiri iheir lev ies from the 'TOs tmd early ' sOs m excess of the cap Pr.-paicil and paiJ for by School Diairicl .N'o. 277. V>V.ru>oUa Public Scluml.x. 71iis publicaiiun i) not circulaiciJ on behalf of any camlidale or ballot queauon. Pep Student Revenue for 1995-96 lor aU suburban Hennepin County School Districts School district Operating levy $s Total $s per student Rank •••••••St Louis Park..................................................L393 Kopkins ♦«»»««« ta359Ms«> Edina................................................................1.448 ..........................................................................................................................4,816 .3 .............4.980...........................................-............I ........4,886 ..........................................................2 Sl Anthony-New Hope __________________SOS_______ Minnetonka Richfield .... 1.420 .... 900 4J56 4.752 4.376 Wa>'tata............................................................ 953 4.339 ............................................................7 Orono ........................................................952 4.318...................................................8 Robbinsdale .............................................SOI.....................................................4.253..................................................9 Brcx)klyn Cenier....................................... 397 4.153................................................. 10 Bloomington .............................................705................. -t.138..................................................11 Eden Prairie ............................................ 693....................................................3.991................................................ 12 Osseo .439 3.810................................................13 Westonka ...............................................324 ....................................................J.651 Source: Minr^scui House cf Reprtjcntanves Re stare n Stmututum Report: Schooi Fuumce 6/7/^5 What wU the levy cost the taxpayers? • The Westonka School Board is asking voters to approve an increase in the district’s general education revenue by S338 per actual pupil unit, which will raise approxiinately S953..‘i03. This will support education each year for the next ten years. • The local tax impact of the levy on a residential or commercial propeny would be: Market value Tax increase per jear Tax increase per month S40.000 ..............................................................................S42 .............................................................................................S3.50 550.000 .........................................................................S53 560.000 .........................................................................S64 575.000 .........................................................................S79 SIOO.OOO.............................................................................S106 S4.42 S5.34 S6.58 S8.83 SI 25.000 SI 50.000 5200.000 5250.000 5500.000 S 1.000.000 .......S132 ...........................................................................................Sll 00 .......S159 ...........................................................................................S13.25 .......S212 ...........................................................................................S17.67 .......S205 ...........................................................................................S20.08 .......5529 ...........................................................................................544.08 .... S1.0 j:8.........................................................................................SS8 17 .Assuming that the miirket value ol ;ui a*.erage Kuini'.ousc. giu^age and .surrounding one acre of kuid is .SSl.Ot'K), the tax impa'*t on typical agricultur:il properties would be; Market value Kcfcrvndum market saluc Tax increase per year Tax increase per month SIOO.OOO.......................... S73.050 S77..........................................................S6.42 SroO.OOO.................................................$136,750 S145 ........................................................S12.08 S300.UO0 .................................................s:.'6.750 s;5i........................................................s:o.92 $4i;o.000 .................................................53.36.750 $356 S29.67 $500,000 ................................................$4.'6.750 S4a2 ........................................................S3S.50 Budget crisis options: Pass the referendum: Continue Westonka ’s quality educational program widi tltc doll;irs that lue available and continue the $220,000 annual cuts in all General Fuad budgets in 1996-99. Fail to pass the referendum: .Make devasDiing cuts 113.5 percent) in the educational program and overall operation of the disinct, as well as explore options for consolidation with a neighboring school district. NOTICE OF SPECIAL ELECTION INDEPENDENT SCHOOL DISTRICT NO. 277 (WESTONKA) STATE OF MINNESOTA NOTICE IS HEREBY GIVEN, that a special election has been called and will be held in and for Independent School Distnct No. 277 (Westonka), State of Minnesota, on Tuesday. November 7. 1995. for the purpose of voting on the following question; THE BOARD OF INDEPENDENT SCHOOL DISTRICT NO. 277 (WESTONKA). HAS PROPOSED TO INCREASE ITS GENERAL EDUCATION REVENUE BY S338 PER ACTUAL PUPIL UNIT. THE ADDITIONAL REVENUE WILL BE USED TO FINANCE SCHOOL OPERATIONS AND THE PROPERTY TAX PORTION THEREOF WILL REQUIRE AN ESTIMATED REFERENDUM TAX RATE OF APPROXIMATELY .1058% OF THE REFERENDUM MARKET VALUE OF ALL TAXABLE PROPERTY IN THE DISTRICT FOR TAXES PAYABLE IN 1996, THE FIRST YEAR IT IS TO BE LEVIED. THE REFERENDUM REVENUE AUTHORIZATION WOULD BE APPLICABLE FOR TEN YEARS UNLESS OTHERWISE REVOKED OR REDUCED AS PROVIDED BY LAW. YES SHALL THE INCREASE IN THE REVENUE PROPOSED BY THE BOARD OF INDEPENDENT SCHOOL DISTRICT NO. 277 BE APPROVED? NO BY VOTING “YES” ON THIS BALLOT QUESTION. YOU ARE VOTING FOR A PROPERTY TAX INCREASE. Passage of this referendum will result in an increase in your property taxes. The property tax portion of the revenue authonzed will require an estimated referendum tax rate of approximately .1058% of the referendum market value of all classes of taxable property within the district. The annual dollar increases for typical residential homesteads, apartments, commercial-industrial properties, and other classes of property within the distnct, other man certain agricultural and disabled homestead properties, are as follows: Market Value Dollar Increase $40,000 $42 $50,000 $53 $60,000 ?64 $75,000 5 79 $100,000 $106 $125,000 $132 $150,000 $159 $200,000 $212 $250,000 $265 $500,000 529 $1,000,000 ?1.058 Assuming that the market value cf an average farmhouse, garage and surrounding one acre of land is SSI .000. the annual dollar increases for typical agricultural properties in the distnct are as follows: Value Referendum Market Value $100,000 $73,050 $200,000 $136,750 $300,000 S236.750 $400,000 $336,750 $500,000 $436,750 Dollar Increase s 77 s 145 s 251 $356 3L 462 The combined polling places for this election and the precincts served by those polling places will be as follows: POLLING PLACE:Westonka Community Center Conference Room 5600 Lynwood Boulevard Mound. MN 55364 This polling place serves all territory in Independent School District No. 277 located in the City of Minnetrista; the City of Mound. Precincts 1 to 6: the City of Orono. Precincts 2.3. and 4; the City of Shorewood and the City of Spnng Park. For those voters residing in the City of Independence, the school distnct special election will be held in conjunction with the city municipal election in that city and those voters will vote at their regular city polling place. Any eligible voter residing in the School Distnct may vote at said eler.tion at the polling place designated above for the precinct in which he or she resides. The pol's for said election will be opened at 7:00 o’clock a.m. and will close at 0:00 o’clock p.m. on the date of said election. A voter must be registered to vote to be eligible to vote in this election. An unregistered individual may register to vote at the polling place on election day. Dated: August 14,1995 BY ORDER OF THE SCHOOL BOARD u Ar^ School uis C_- I V I...... — iistnct Clerk Independent School Dist t No. 277 (Westonka) State of Minnesota SEE OVERSIZED DOCUMEriT!! masmot smrt t jjs.:... Smrey tor: —x BRANDL ANDERSON Hi n . iBn « ■ i ^ d !. * *> • • « ao*^- - —• —: trrju^ —• n •n ti •M ■ -« > . —^ . ... .«MR »m. <m •’««» •‘^<M« • — —■» * •jS5*j I'M-'. 3. '.sat. SS*“•» <«««« * I*l»..- , 1.'.. rdl**' !ui" 'I Jill .. .*CJ1“: mmn»rn .#• « ^-----UiiA<..t. m rnjrymm ^ ■rn»m . i«« I' «C l—H !••««« i I %• «9v^ « I I «• ^ iMM ■ <n —I « MM ^ t » T « 4«W% A • mm w «« • * ^ !• r * >»<'» ^m •«• «• ■ jA — n «* - A • w M > • MM «t • •• « « R w «• MTM I r . «J ii M «MM M* •» t'lM *< »«M> ««» . «M» W I i»> , ^ J M ■ %» itfli^ i—ii %< • r«M ^ w» il • Mv«M «• MiMft i«V I «• «*«••««» • • AMO ^ |l ^ «9 CM< I w» •) itTM -• - «•«« M ^ 53-'rs'Sr^-?£«r^Ti:iL^ M> a.A-'w* ». H . , . i A- / •* . . r . ..H •cs&sv • • •* »>♦ ,■ AM'Mt^4Fm