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AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 28, 1994, 7:30 P.M.
ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKNAY, ORONO, MINNESOTA
(♦) Asterisk items are considered to be routine items to be enacted upon by
one motion by the City Council under the Consent Item* on the agenda. Memos
regarding each of the Agenda items are available in the Public Packet which
may be obtained upon request from the Recorder.
ROLL CALL
* 1. CONSENT AGENDA
APPROVAL OF MINUTES
* 2. Regular Meeting of March 14, 1994 ^ e
PARK COMMISSION COl
PLANNING COMMISSION C
PUBLIC C •)v»vl^V TS - (Limit 5 Minutes Per Person)
ZONING ADMINISTRATOR'S REPORT
** APPLICANTS **
3
4
5
* 6
* 7
Immediately after the Council has reviewed your
application please sign the three (3) original
resolutions at the Recorder's desk. Applicants need
not execute resolutions for subdivisions, vacations
and denials
#1682 Three Star Trucking, 2590 Watertown Road - Road Name Approval
#1906 George M. Koscoe, 4030 Elm Street - Variance - Resolution
#1909 David L. and Margaret H. Vergeyle, 1485 Green Trees Road -
Variance - Resolution
Joint Use Dock License Question - Minnetonka Power Squadron
Bluff Issues - Request to DNR
MAYOR/COUNCIL REPORT
POLICE CHIEF REPORT
ENGINEER REPORT
CITY ADMINISTRATOR'S REPORT
8. School District Summer Recreation Program Funding
9. Golf course - Seasonal Employees
10. Park Maintenance Contract
11. Liquor Violation Hearing Process
12. Process for Considering the Closure of Prospect Avenue
*13. Step Increase - Officer Larry Tomcheck
*14. Microfilming of City Records
CITY ATTORNEY'S REPORT
(*15) LICENSES
(*16) BILLS
AGENDA FOR COUNCIL HEETZNG SET FOR MONDAY, KARCR 28, 1994, 7:30 p h
ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKNAY, ORONO, MINNESOTA
UPCOMING ISSUES AMD EVENTS
03/28
03/29
04/04
04/11
04/18
04/25
04/25
04/28
05/03
05/09
05/16
05/17
05/23
05/30
- Council meeting 7:30 p.m.
- Highway 12 Joint Mediation meeting 3:00 p.m.
- Park Commission meeting 7:15 p.m.
- Council meeting 7:30 p.m.
- Pleuining Commission meeting 7:00 p.m.
- Joint Council/School Board Meeting 6:30 p.m.
- Council meeting 7:30 p.m.
- Board of Review meeting 7:00 p.m.
- Park Commission meeting 7:15 p.m.
Council meeting 7:30 p.m.
^ f .A f • ^- Planning Commission 7:00 p.m.
- School Board Election Day - No public meetings until after 8p.m.
- Council meetina 7:30 o.m.Council meeting 7:30 p.m.
HOLIDAY - Memorial Day
^<2
MINUTES OF THE REGULAR ORONO CITY COUNCIL MJ^
HELD MARCH 14, 1994 "’'F ^
%
ROLL %Off,
The Council met on the above date with the following members present: Mayor Edward
Callahan, Councilmembers J. Diann Goetten, Charles Kelley, JoEllen Hurr and Gabriel Jabbour.
The following represented staff: City Administrator Ron Moorse, Building & Zoning
Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron,
Police Chief Stephen Sullivan, City Attorney Kevin Staunton. Public Works Director John
Gerhardson, City Engineer Glenn Cook and Recorder Carole Haseman. Mayor Callahan called
the meeting to order at 7:32 p.m.
PUBLIC HEARING - CBDG YEAR XX
The Afndavit of Publication was noted.
Mayor Callahan noted this item was also #15 on the agenda. The purpose of the hearing was
to allocate funds for the 1994 Community Development Block Grant Program. Mayor Callahan
opened the Public Hearing. Requests have been received from three public service agencies:
We Can Westonka Intervention and Interfaith Outreach for $1,500 each which is the same
amount funded in 1993. There is also a request for park planning in the amount of $2700. The
balance of $15,800 could be allocated to fund the costs for sewer connections for low income
residents in the Stubbs Bay Sewer Project.
Margaret Holste, a representative from We Can, addressed the Council and expressed
appreciation for the continued support. We Can offers services to West Hennepin County
residents such as emergency assistance needs (housing, utilities, etc.), meals-on-wheels, financial
counseling, and nutrition programs.
Hurr asked how many meals-on-wheels program are served and where do they come from?
Holste said Presbyterian Homes provides meals for the Mound area and this area receives meals
from Maple Plain. The total number of households served were 230. Within the Orono area,
15 households received meals throughout the year.
Joan Underwood, a board member of Westonka Intervention, requested funds to help with
expenses incurred while dealing with domestic assault victims.
Mayor QUahan asked if the park planning request related to Mr. Shardlow ’s proposal?
MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING
HELD MARCH 14, 1994
PUBLIC HEARING - CBDG YEAR XX - CONT.
Moorsc explained the request was partially related. Council approved a request last year.
Because it was not spent, it was reallocated to something else. We are now asking Council to
allocate funds for this year.
Jabbour asked about tlw Stubbs Bay sewer connections.
Gerhardson said 5 applications have been received and 4 meet the first goal of the 50% median
income and the fifth one meets the 80% median income. There are others waiting for additional
money to come in. The money allocated so far still does not meet the needs of the five
applicants.
It was moved by Hurr, seconded by Kelley, to allocate funds for the 1994 Community
Development Block Grant Program as follows: $1,500 each to We Can, Westonka Intervention
and Interfaith Outreach; $2700 for park planning; $15,800 to assist qualified residents for sewer
connections in the Stubbs Bay area. Ayes 5, nays 0.
(*#1) CONSENT AGENDA
Goetten requested that Items #8 and #9 and Jabbour requested Item #5 be added to the Consent
Agenda. Hurr asked that Items #5, #8 and #9 be removed from the Consent Agenda. Callahan
requested that Items #10, #12 and #16 be added to the Consent Agenda.
It was moved by Jabbour, seconded by Callahan, to approve the Consent Agenda as amended.
Ayes 5, nays 0.
(*#2) APPROVAL OF MINUTES
It was moved by Jabbour, seconded by Callahan, to approve the Minutes of the February 28,
1994 City Council Meeting as submitted. Ayes 5, nays 0.
PARK COMMISSION COMMENTS
There were no Park Commission comments.
PLANNING COMMISSION COMMENTS - Candace Rowlette, Representative.
Rowlette expressed the Planning Commission ’s gratitude to be able to attend a seminar.
MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING
HELD MARCH 14, 1994
PUBLIC COMMENTS
There were no public comments.
POLICE CHIEF REPORT
Chief Sullivan was present to discuss the school liaison program.
Melanie DeLuca, Community Education Director, explained the Orono Board of Education has
authorized a levy of approximately $11,000 to address "crime related costs". The main purpose
is to contract with a law enforcement agency to provide a peace officer for liaison services for
the schools. This would provide an opportunity for an officer to build positive and preventative
relationships with students and staff.
Mayor Callahan inquired if funding will continue in the future.
DeLuca replied that it is the general intention of the School Board to continue the levy.
Kelley questioned the jurisdiction of the Orono Police Department in dealing with students at the
Orono School because many of the children live outside the area.
Chief Sullivan explained when students are on campus, they are within the Orono Police
Department ’s jurisdiction. Investigations are made at the school or occasionally at the home so
the parents are not inconvenienced. We have primary jurisdiction but also work with other
departments and exchange information.
Kelley inquired if the liaison person would assume some of the investigator’s duties at the
School.
Chief Sullivan said some but not all the duties. The young people are not to fear the liaison
person. He will provide resources and is needed to develop a rapport with the students.
Goetten asked if the choice has been made yet?
Chief Sullivan stated it has not been decided. After the program has been approved by Council,
the School will form a selection committee to review interested officers.
Hurr questioned the funding. If $11,000 is required to do the job from April 1 to June 30, how
can $11,000 be sufficient to operate the program for 9 months next year?
MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING
HELD MARCH 14, 1994
POLICE CHIEF REPORT - CONT.
DeLuca explained in the beginning, it takes more set up time. It will be possible to carry funds
over for use next year.
Hurt stated the special investigator is funded by the City and asked if his work involves children
in other communities or only Orono residents?
Chief Sullivan responded that the investigator’s work deals with any crime or problem that
occurs in the four cities that we serve. It docs not matter where the child lives if the problem
is presenting itself at our school. If the children are in the Orono School District, they are
protected equally.
Jabbour inquired if a contract would be entered into with the School.
Chief Sullivan replied he did not know if it would be a formal contract. Basically we want to
determine what is the anticipated cost of that officer per hour going to be and divide that into
$11,000 and come up with a block of time. If tte School chooses a part time officer, the officer
would work there for those hours and if a full time officer is chosen, it would be handled similar
to the DARE program where the officer works his time in the school and then 4 to 5 hours as
a uniform patrol officer out on the street.
Mayor Callaiian said the Council seems to be in favor of the idea but neither the School nor
Police Department have thought this through. He suggested the coiKept be approved ^ asked
that the School and Police Department work out specific details with the City Administrator.
It was moved by Callahan, seconded by Goetten, to accept the concept of the School Liaison
Officer but asks that the School and City work out a specific plan. Ayes 5. nays 0.
(#4) 1^1897 R. HUNT GREENE AND JANE E. PICCARD, 865 PARTENWOOD ROAD -
VARIANCES - RESOLUTION NO. 3389
Mabusth explained the application involves hardcover increases to property situated within the
0-75’ setback area. The applicants prqwse a 650 s.f. garage/storage addition which will be
located 39 ’ from the channel shoreline and 52’ from the 929.4 elevation. .An issue is the
overhang along the channel side. The applicants now show they will meet the 39 ’ setback
required by the DNR at the channel side and a reduction from 3 1/2’ overhang to a 2 1/2
overhang adjacent to Maxwell Bay shoreline but at southwest comer of garage, overhang will
be reduced to 2 ’.
MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING
HELD MARCH 14, 1994
(#4) #1897 R. HUNT GREENE AND JANE E. nCCARD, 865 PARTENWOOD ROAD -
VARIANCES - RESOLUTION NO. 3389 - CONT.
Greene said the overhang will be 2 1/2’ and also maintaining the 50’ setback from Maxwell Bay.
The house was originally designed by an architect from the Frank Lloyd Wright School and the
4’ eaves are important to the appearance of the house. It is their intent to tie the proposed
addition into the unique design. A standard overhang for a house is 18" but to comply with the
39’ setback we are willing to cut it back. On the south side, we are requesting a 3 Ml'
overhang with a reduction to 2 1/2’ overhang which still should blend in with the original
residence. We arc satisfied with the Planning Commission ’s recommendation which will result
in an increase of hardco er by 26 s.f. and also does comply with the DNR requirements.
Hurr commented she had no problem with the 18" overhang and that the overhang is a special
design feature. There is no visual impact to users of the lake.
Kelley inquired about the water runoff from the roof. The intent is to protect the lake.
Hurt responded there is no impact to the lake because it flows the other way
Greene said the 39’ has been approved by the DNR and he would prefer to not go back to the
DNR.
After discussion and explanation of hardcover calculations, it was moved by Hurr, seconded by
Jabbour to approve Resolution No. 3389 as amended by applicant to permit the construction of
a 650 s.f. addition to the south side of the existing residence to be located 39’ from the channel
shoreline and 50’ from the Maxwell Bay shoreline resulting in a total hardcover of 5,066 s.f.
or 11%, for R. Hunt Greene and Jane Piccard, 865 Partenwood Road. Ayes 5, nays 0.
(#5) #1902 DAN R. GUENTHNER, 120 GOLDEN VIEW DRIVE - CONDITIONAL USE
PERMIT - RESOLUTION NO. 3390
Hurr questioned if lighting occurred in the greenhouse at any time
Applicant was not present to explain.
It was moved by Jabbour, seconded by Kelley, to grant a conditional use permit to allow the
temporary use of a greenhouse from March 25 through June 15, 1994 providing there are no
offensive lights at 120 Golden View Drive for Dan R. Guenthner per Resolution No. 3390.
Ayes 5, nays 0.
MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING
HELD MARCH 14, 19W
(#6) #1903 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY
SUBDIVISION
Mabusth explained this is the first phase of a 46 lot future subdivision and consists of 25 lots
(15 lots located within the Dickey property and 10 lots jcated within the Coffin property).
Countryside Drive shall be extended to Old Crystal Bay Road and dedicated as a public road.
Applicant shall create a cul-de-sac road going west from Old Crystal Bay Road. Countryside
Drive West shall be maintained by private property owners. As for the Coffin pro^rty. two
cul-de-sac roads are shown. All lots have adequate on-site septic development. Each lot meets
the 2 acre dry contiguous land requirement. The property is currently bemg reviewed by the
Watershed District for possible protected wetland areas. There is concern that the connection
of the two cul-de-sacs on the Coffin property would impact smaller lots m ^ Place
neighborhood and a possible intnision of lights. There is a back lot served by a 30 wide outlot
which meets all the requirements of a back lot configuration. Major issues are stormwater
retention and the impact of development resulting in increased runoff for downstream drainap.
The DNR is concerned with possible impact to the Luce Line Trail and is asking for extension
of a culvert beneath the horse trail.
Mayor Callahan asked for clarification regarding drainage flowage from the Coffin property to
the Dickey property.
Mabusth said it is an existing drainage way and pointed out the direction of the flowage.
Mark Gronberg. licensed surveyor with Coffin & Gronberg. Inc., explained Acre are two major
drainage areas on the Dickey site and two large ponds are proposed to retain the water.
Kelley suted he lives in the area and is familiar with the drainage concerns. Presently water
problems exist from the Coffin property and pointed out where ponding occurs causing »ptic
problems for the Dougans. Drainage from the Dickey property currenUy causes problems
particularly to the Shannon property.
Gronberg reviewed drainage for the Coffin property and identified two problems. One probto
is being corrected by an outlet pipe and also from the developmem of a ponding area. TOe oter
area bounded by the Luce Line Trail, will capture water by a series of holding ponds. This
results in a 1/3 reduction in the flow rate of water going downstfeam.
Mayor Callahan inquired where the balance of the water goes.
Gronberg explained it goes through the Lawton ditch, crosses under Old Crystal Bay Road and
travels through the Dougan property at a slower rate
MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING
HELD MARCH 14, 1994
#1903 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY
SUBDIVISION - CONT.
Cook stated there is more volume but the rate is less.
Mr. Lawton felt Tandem Properties has done a good job in trying to develop the land and
expressed his concern with the velocity of the water. He wants reassurance that the new culvert
to be placed under the Luce Line will correct the velocity problem.
Cook explained the velocity would be less. It is our concern to not make it worse. There is no
practical way to reduce the volume of water that comes off a site.
Mabusth inteijected that the developer’s plans reduce the rates of water leaving the property.
Hurr inquired who would be responsible for the drainage maintenance.
Mabusth said covenants would be developed and the homeowner’s association would be
responsible for keeping the ponds.
Cook stated once a system is in place, the City is typically responsible for it. This will not be
different but there is always the option of assessing costs back to the homeowners. 90% siltation
occurs during construction of the site and after that there is little maintenance.
Hurr expressed concern with the ponds filling up with sediment and asked who would be
responsible to clean them out.
Cook explained a developer’s agreement would be entered into which would address those
concerns.
Mayor Callafian and Councilmembers agreed that the drainage plan submitted by the developer
would be acceptable.
Hurr pointed out the cul-de-sacs are actually variances to Orono’s code.
Gronberg noted because of designated wetlands (Class III) in the area, it would be difficult to
get a road through without impacting the wetlands.
Richard Putnam, the developer, stated the residents who live in the subdivision to the west
would not want a street behind their homes.
MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING
HELD MARCH 14, 1994
(#6) #1903 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY
SUBDIVISION - CONT.
Hurr asked what will trigger the removal of the cul-de-sac to be a through street.
Moorse said it will be platted as a public road but the City will not take o^er responsibility at
this time. As long as residents don’t want it to be a through road, the tradeoff is for them to
maintain it. Unless there was a public safety issue, there would be no need to make the change.
Hurr suggested the bike trail on Old Crystal Bay Road be platted off of the right-of-way to
preserve some of the trees.
Putnam said they will work with the City to locate the trail where it makes the most sense.
Hurr suggested the bike trail be identified before the property is platted.
Mayor Callahan questioned Park Conanission Member Sherokee Use regarding the Park
Commission ’s opinion of the bike trail being located inside of the trees to the east.
Use Slated she did not recall the last conversation with the developer.
Mayor Callahan pointed out an easement is needed locating the bike trail inside and the trail
needs to be identified now.
Mabusth asked if it would take an additional 10 ’ easement where the trees are located in the
right of way.
Cook replied it would not be enough and at least 30 ’ would be needed as you have to get out
beyond the ditch.
Mayor Callahan inquired what the width would be beyond the trees.
Cook responded 10 ’.
Mayor Callahan indicated the Council was in general consensus on the above points.
Hurr inquired about the setback for septic systems.
Mabusth answered 20 ’. The on-site system manager is suggesting that septic systems be moved
because of the trail.
8
MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING
HELD MARCH 14, 1994
(#6) #1903 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY
SUBDIVISION - CONT.
Gronberg suggested they could be moved 10’.
Mayor Callahan asked if the septic sites would actually be damaged by a bike trail over them.
Gaffron replied they could have a significant effect because septic system mounds require
dispersion away from them through the upper layers of top soil so there is potential concern.
Putnam referred to Exhibit D and noted as part of the development, they will prepare a plan for
landscaping, berming and entrance signage along Old Crystal Bay Road, Watertown Road and
Willow Drive. They want to work the trail into the design of the landscaping, septic sites and
the berming. It has always been the intention to put the trail along Old Crystal Bay but because
of septic sites, trees, ditches, property lines, etc., the best time to stake the trail is when they
are readv to build it.
Kelley noted an important characteristic for Orono is that it is not pristine but rural in nature.
People have moved here to get away from perfectly landscaped developments.
Mayor Callahan said it seems the difficulty is not with the concept of a trail but the fact that an
easement will reduce the acreage of the lots as they are now platted.
Putnam said there is enough flexibility in the lot areas to make it work.
Mayor Callahan noted problems exist with the bike trail. He asked what the value of the park
dedication fee would be whether it is paid in land or dollars.
Mabusth responded a very rough figure would be $100,000.
Mayor Callahan reviewed the discussion and noted more information is needed regarding the
bike trail. Council is satisfied with the drainage problem. There is concern with the cul-de-sac
roads and the connection of roads during the second phase. Trees are to be preserved.
Kelley asked during the second phase of the Dickey property development, if the wetlands on
Lots 17 and 18 would be filled in.
Putnam said portions would be filled in but in doing so other wetlands would be created
elsewhere.
MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING
HELD MARCH 14» 1994
(#6) #1903 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY
SUBDIVISION - CONT.
Hurr felt the trails should be public. She liked the idea of the Indian site being a park and wants
the developer to remove the structures on the site.
Kelley suggested the bike trail be staked to allow members an opportunity to walk it.
It was moved by Callahan, seconded by Goetten, to table for 30 days approval of the preliminary
subdivision for #1903 Tandem Properties, 2645/3025 Watertown Road to give the developer an
opportunity to show detailed plans. Ayes 5, nays 0.
Mayor Callahan asked what Mrs. Dickey wants the City to do with Outlot A.
Putnam replied at this point accept ownership. We are waiting for Mn/DOT to complete a study
to determine if this is a historic site. It is his understanding that Mrs. Dickey and the Indian
Community would be satisfied if the land be left unmolested by development.
(#7) #1905 JOHN POWERS/KEN HOPKINS, 75/85 FERNDALE GREEN - SUBDIVISION
OF A LOT LINE REARRANGEMENT - RESOLUTION NO. 3391
Mabusth explained the applicant proposes a lot line rearrangement of Lot 7, Allo-Rae Terrace.
The parcels will be divided off of Lot 2, Fairway Hills and will be divided into three parcels for
the possibility of the owners of Lots 5 and 6 to gain ownership.
It was moved by Goetten, seconded by Kelley, to grant approval for the lot line rearrangement
per conditions of Resolution No. 3391 for #1905 John Powers and Ken Hopkins, 75/85 Femdale
Road. Ayes 5, nays 0.
(#8) #1457 ALAN CARLSON, 3140 WATERTOWN ROAD - REQUEST FOR THIRD
EXTENSION OF EFFECTIVE PERIOD OF PRELIMINARY SUBDIVISION APPROVAL
- RESOLUTION NO. 3392
Carlson asked to have the preliminary subdivision approval extended because the location of
Highway 12 has not been decided. The present plans run through this property.
Hurt inquired if it meets the current code today.
MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING
HELD MARCH 14, 1994
(#8) #1457 ALAN CARLSON, 3140 WATERTOWN ROAD - REQUEST FOR THIRD
EXTENSION OF EFFECTIVE PERIOD OF PRELIMINARY SUBDIVISION APPROVAL
- RESOLUTION NO. 3392 - CONT.
Mabusth replied that it does meet the code requirements and the only change that has occurred
is with the new park dedication fee ordinance. All park dedication fees have been paid and he
is not subject to the new ordinance require, ents.
It was moved by Hurr, seconded by Goetten, to approve Resolution No. 3392 granting an
extension of preliminary approval for the plat. Crystal Creek, Application No. 1457, proposed
by applicant, Alan G. Carlson involving the property located at 3140 Watertown Road. Ayes
5, nays 0.
(#9) 1994 JOINT USE DOCK LICENSES - RESOLUTION NOS. 3393-3402
Hurr objected to the Minnetonka Power Squadron’s license application as they do not fit the
requirements of "day use only". She is aware that many boats stay overnight.
Gaffron suggested they may need to pursue a conditional use permit.
It was moved by Hurr, seconded by Jabbour, to delay action on granting a license to Minnetonka
Power Squadron at this time and to approve the 1994 Joint Use Dock Licenses for the following
licenses:
Forest Arms Homeowners
Navarre Cove Homeowners
Victoria Estates
Lauer/Lindahl/Enlow
Big Island, Inc.
Pheasant Lawn Homeowners
Foxhill Homeowners
Walters Port Homeowners
Sandy Beach Place
Nelson/Gage/Carlson
Ayes 5, nays 0.
minutes of the regular orono city council meeting
HELD MARCH 14, 1994
(•#10) SEPTIC MORATORIUM - STATUS REPORT - ORDINANCE TO EXTEND
MORATORIUM NO. 125, 2ND SERIES
It was moved by Jabbour, seconded by Callahan, to adopt Ordinance No. 125, Second Series
extending the moratorium for six months. Ayes 5, nays 0.
MAYOR/COUNCIL REPORT
Mayor Callahan called members’ attention to the AMM bulletin. He projected taxes will be
increased 36% next year unless something can be done in the meantime. In connection with
Maxwell Bay, the DNR indicated they were pleased with Council’s efforts.
Jabbour added the legislative meeting went well.
(#11) ENGINEER REPORT
Mayor Callahan noted the report was informational regarding Municipal Stale Aid roads and
accepted the information.
Moorse stated a feasibility study has been requested for North Brown Road
It was moved by Hurr, seconded by Goenen, to direct staff to prepare a feasibility study for
North Brown Road. Ayes 5, nays 0.
CITY ADMINISTRATOR’S REPORT
(•#12) CRYSTAL BAY PARK UPDATE
Lili McMillan was present from the Park Commission to answer Council s questions
Mayor Callahan noted he wants grass planted in the area.
McMillan asked what Council’s timeframe would be regarding the Crystal Bay site,
Goetten explained she would need more time to consider the issue and also to speak with the
neighborhood residents.
It was moved by Jabbour, seconded by Callahan, to accept Park Commission’s report regarding
the Crystal Bay Playground. Ayes 5, nays 0.
MINirreS OF THE REGULAR ORONO CITY COUNCIL MEETING
HELD MARCH 14, 1994
(#13) BROWN ROAD ADDRESS CHANGES - RESOLUTION NO. 3403
It was moved by Hurr, seconded by Callahan, to adopt Resolution No. 3403 to change the
addresses on Brown Road. Ayes 5, nays 0.
(#14) CITIZEN SURVEY - PARKS
Hurr felt a written survey would be in the best interest of the City. Parks are for families and
a written survey would allow input from everyone in the family.
Callahan asked if a survey was needed.
Jabbour said a survey had been done about 5 years ago.
Callahan stated the last survey indicated that nothing needed to be done except a bike/hike trail
McMillan added the response had been low 5 years ago.
Goetten noted many things have changed in the past 5 years.
Moorsc explained that Shardlow ’s involvement for the survey would simply be to give advise
as to types of questions and afterwards they would participate in focus groups. A survey
company from the University indicated results would be about the same from either a written
or telephone survey. Complex questions are best answered from telephone surveys.
Kelley suggested each Park Commission member call about 30 residents they know.
McMillan replied it would not be scientific. Decision Resources is recommending that 400
people be contacted.
Moorse said whether the survey be in a written form or by phone it should be done by random
to get a statistically representative sample of the general population. Sometimes written surveys
arc returned only by specific interest groups.
It was moved by Jabbour, seconded by Goetten, to approve the proposal of Decision Resources
Inc. for a parks survey at a cost of $7,200 and related park planning consultant assistance at a
cost not to exceed $800, both to be ftinded from the park dedication fund. Ayes 3, nays 2.
Kelley and Hurr voted no.
MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING
HELD MARCH 14, 1994
(#15) CDBG FUNDING FOR 1994 - RESOLUTION NO. 3404
AS previously noted it was moved by Hurr, seconded by Kelley, to allocate funds for the 1994
Community Development Block Grant Program as follows: $1,500 each to We Can, Westonka
Intervention and Interfaith Outreach; $2700 for park planning; $15,800 to assist qualified
residents for sewer connections in the Stubbs Bay area. Ayes 5, nays 0.
(•#16) GOLF COURSE LIQUOR LIABILITY - INSURANCE AWARD
It was moved by Jabbour, seconded by Callahan, to award the Orono Golf Course liquor liability
insurance coverage for the period April 1, 1994 to March 31, 1995 to the St. Paul Insurance
Company at a premium of $1,438.00. Ayes 5, nays 0.
(#17) LEASE AGREEMENT WITH SCHOOL DISTRICT FOR BALL FIELDS
Moorse explained there are two agreements - one lease between the City and the School District
and the other a sublease between the City and OBA. Minor revisions have yet to be made and
we ask for Council’s input before putting it into final form.
Mayor Callahan asked what determined the length of time for the lease^
Moorse responded OBA wanted the 20 year time period. Because of the investment, it seems
to be a reasonable time period.
Mayor Callahan asked how a decision was reached regarding how much of an investment was
to be made.
Moorse clarified that the City is not making an investment
Mayor Callahan stated it was his understanding from the lease that the City would construct a
facility.
Moorse said under the terms of the lease a provision was made for a facility to be constructed,
Mayor Callahan asked the City Attorney for clarification
Staunton replied he did not know
Moorse inteijected the lease states the tenant will construct it,
MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETLNG
HELD MARCH 14, 1994
(#17) LEASE AGREEMENT WITH SCHOOL DISTRICT FOR BALL FIELDS - CONT.
Mayor Callahan said we are relying on the subtenant to take care of all our obligations under
the lease. Did you not consider it our obligation under the lease to construct a facility regardless
if the subtenant constructs a facility? Did you consider what your responsibilities were?
Moorse responded those issues were considered.
Mayor Callahan repeated his question - does the lease provide that we will build a facility?
Moorse said the language in the lease agreement provides for the tenant to build the facility
which is the City.
Mayor Callahan inquired if the City has general comprehensive liability to cover insurance
requirements of the lease.
Moorse stated the City has liability insurance. The contract attorney (Karen Cole from Popham,
Haik) has advised that the City is covered in terms of the type of liability coverage needed.
Mayor Callahan suggested that the insurance company be asked to submit a letter to confirm
coverage for this matter.
Moorse said the lease can be canceled if OBA does not follow through with their agreement.
Jabbour felt the City should have an escape clause. He asked the City Attorney if we have a
legal obligation to fulfill the obligations of the lease.
Suunton agreed with Moorse and Callahan and said damages would be whatever the terms of
the lease which are only a $1.(X).
Hurr inquired about the status of the field if it was abandoned by OBA.
Mayor Callahan replied the City is required to maintain it for the term of the lease. A potential
problem exists if OBA does not raise all the money required to complete the project or if in the
future, they do not have sufficient funds to maintain the fields.
Randy Bosma, representative from OBA, said commitments have been received in the amount
of $74,000.
Hurr asked which cities did not contribute.
MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING
HELD MARCH 14, 1994
<#17) LEASE AGREEMENT WITH SCHOOL DISTRICT FOR BALL FKLDS - CONT .
Bosma said Long Lake and Maple Plain will not contribute. Long Lake in lieu of funds has
allowed OBA the use of Holbrook for another night. In five years. Long Lake plans to build
another field within their city limits.
Hurr inquired about the fairness of fees.
Bosma explained all children are surcharged an extra $10.00 and the money will be refunded
to children who reside in cities who have participated with the funding.
Mayor Callahan asked if OBA is satisfied with the lease.
Bosma said they did not like the 20 year term. The wording is strict and favors the School
District.
It was moved by Callahan, seconded by Kelley, that we agree in principle to the leasing of the
property and the subleasing of it within the intent of these leases; however, we will not sign the
lease until the definitive insurance information from the insurance company is received and that
City staff negotiate with the School Distnet as to problems identified in relation to the City and
whatever problems OBA has with the lease. Jabbour added an amendment to the motion that
if the Mayor and School District resolve the issues, the Mayor would have authority to enter into
the agreement without ftirther Council approval. Ayes 5, nays 0.
Jabbour expressed sympathy to Steve Carlson in his recent loss.
(#18) REVIEW OF LIQUOR VIOLATION ADMINISTRATIVE PROCESS
It was moved by Callahan, seconded by Goetten, to direct staff to advise Council as to the
precise process to set up an administrative hearing on liquor licenses to be held prior to Council
meetings. Ayes 5, nays 0.
Mayor Callahan asked that the summer recreation program be discussed. The Community
Education Department is asking that the City double the amount contributed to the summer camp
program.
Goetten noted a response was iweded by April 1st.
Hurr felt there should be a fee for service.
MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING
HELD MARCH 14, 1994
(418) REVIEW OF LIQUOR VIOLATION ADMINISTRATIVE PROCESS - CONT.
Mayor Callahan said the matter would not be acted on tonight and placed it on the next Council
agenda.
Cn V ATTORNEY’S REPORT
There was no City Attorney report.
(•19) LICENSES
It was moved by Jabbour, seconded by Callahan, to approve the following licenses:
Septic System Installer: Elmer J. Peterson Co., Iik.
Delano
Site Evaluator/Designer:
Jerry Johnson Exc.
Long Lake
S-P Testing, Inc.
St. Michael
Set-Up:Navarre Lanes
3435 Shoreline Drive
Special Event Norwest Bank - Wayzata
Half Marathon Foot Race
Sunday, May 1, 1994
9 a.m. - 12 noon
Ayes 5, nays 0.
(•#20) BILLS
It was moved by Jabbour, seconded by Callahan, to approve payment of the All Funds Account,
Ayes 5, nays 0.
MINUTES OF THE REGULAR ORONO CITY COUNCH^ MEETING
HELD MARCH 14. 1994
ADJOURNMENT
The meeting was adjourned at 10:55 p.m.
Edward J. Callahan, Jr. Mayor
ATTEST:
Dorothy M. Hallin, City Clerk
18
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REQUEST FOR COUNCIL ACTION
ITEM NO.:
DA’
Department Approval:
Name Jeanne A. Mabusth
Title Building A Zoning Administrator
Administrator Reviewed:Agenda Section:
7oning
Item Description: #1862 Tlirec Star Trucking, 2590 Watertown Road - Private Road Name
Approval
List of Exhibits
A - Road Name Request
B - Hudson Directory
C - Plat Map
D • 8 Lot Plat
Three Sur Trucking has submitted three choices for naming of private road. We have been
advised by Mr. Fischer, the developer, that the owner, Mr. Suess, has specifically requested the
first choice, Truffala Trail (a place refereiKed in Dr. Suess children’s books).
Please review Exhibit B, the Hudson Directory reveals no conflicts with three choices of road
names.
Not one member of staff was able to relate to the name Truffala or the connections to the Suess
children’s books. Then again, staff was not aware of a special place, Cristofori Wo^s,
referenced in a song.
Lt. Cheswick of the Police Department and Jolin Gerhardson of the Public Works Department
have reviewed the road name choices and found Truffala to present problems with pronunciation
and spelling and are very concerned that in an emergency situation because of this difficulty may
result in loss of emergency time. Both found no problem with Monica Way or Dolores Drive.
Options of Action
Approval of first choice, Truffala Trail, as it was original owner’s first choice; or
Approval of Monica Way or Dolores Drive on the findings that they weald be easily identifiable
and create no misunderstandings or difficulty in understanding road name when used in
emergency situations.
Request for Council Action continued
page 2 of 2
March 21, 1994
Zoning File #1862
The applicant has expressed a desire for the City’s sundard street and stop signs to be installed.
Upon approval of the road name, applicant must submit a payment of $150.00 to cover cost of
two signs and the installation. Signs cannot be ordered until the City is in receipt of the
payment.
COUNCIL ACTION REQUESTED:
Approval of road name.
ConCroL No.
CITY OF ORONO
PRIVATE ROADWAY REQUEST
A. The subject of this request Is:
_ _ _ _ an existing private roadway.
V a proposed private -roadway which is to be created as a
condition of pending subdivision approval.
B The owner(s) of this Private Roadway and/or all abutting property
will be (are) the owner(s) of the following described property:
C.
D.
The above owner(s) hereby request that this Private Roadway be
known by the following name:
Choice No. 1 "7Auf-P/1-/ft TrA//
Choice No. 2 AKja/1 C.
Choice No. 3 Oa/oggS Dr/V
(List three choices in order of preference. The City Council will
approve a name provided no conflict exists with existing names or
naming policy. If all names have a conflict, you will be asked to
make new choices. Tlae approved name will be used for all mailing
address and official identification purposes.)
The above owner(s) hereby request the City of Orono to install the
following standard street and traffic signs and said owner(s) hereby
agree to reimburse the City for all costs of said installation.
(Such signing may be required as part of a separate Developer s
Agreement and/or subdivision request.)
\ standard city street name sign(s) - number required / ,
y standard "STOP" slgn(s) - number required /_ _ _ _ _ _ _
standard traffic sign(s) described below:
- number required
The above owner(s) do hereby acknowledge the (future) existence of
said private road, and that the City of Orono has no obligation to
maintain or service said private road, and that the City of Orono
does not Intend to acquire or open said private road as a public
roadway.
Signature(s) of owner(s):
~7~l.girc
M^JL-Date
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REQUEST FOR COUNCIL ACTION
DATE: 3f22/9f^ 8 . “
ITEM NO
Department Approval:
Name Jeaane A. Mabusth
Tkk Building A Zoning Administrator
Adminbtrator Refkwed:Agenda Section:
Zoning
Item Description: #1906 George Roscoc, 4030 Elm Street - Variance - Resolution
Brief Deicription of Request
Applicant seeks approval of an area variance to allow construction of a new resi^nce on a
property that had sustained a residence constructed some 50 to 60 years ago. The fonner
residence was burned within the last few weeks by the Long Uke Fire Department.
The area of the building site is consistent with other home sites within the Minnetonka Summit
Park neighborhood. Construction meets all required setbacks. The major concern with the
redevelopment of the property is that drainage be controlled along the east property line where
elevatioiK are more severe and that drainage be directed to Elm Street. The applicant advised
that the drive will be relocated more to center of property and that there will be adequate area
to control runoff.
p lanning Commission Recommendation
The Planning Commission recommended unanimous approval of the area variance of 10.7W s.f.
or 24.7% (toul area = 32,800 s.f. or .75 acres, required = 1 acre). The Planning Commission
adopted the appropriate conditions recommended by staff on page 2 of the staff memo Mte
March 16th. The enclosed approval resolution has been drafted per the Planmng Commission s
findings and conditions of approval.
COUNCIL ACTION REQUESTED;
To either adopt or amend the approval resolution.
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 5 (B)
FILE #1906
WHEREAS, George M. Roscoe (hereinafter "the applicant") is owner of the
property located at 4030 Elm Street within the City of Orono (hereinafter "City") and legally
described as follows;
Lots 9. 10, 11, 12 and 13, Block 8, Minnetonka Summit Park Hennepin County,
MiniKSOta (Iwreinaftcr "the property"); and
WHEREAS, the applicant has made application to the City per Section 10.24,
Subdivision 5(B) to permit construction of a new residence on a property that consists of 32,800
s.f. where 43,560 s.f. or 1 acre is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1.
2.
This application was reviewed as Zoning File #1906.
The property is located in the LR-IB, Lakeshore Residential Zoning District
requiring 1 acre in area.
3.The Orono Planning Commission reviewed this application on March 21, 1994,
and recommended approval of the variance as proposed based on the following
unique findings and hardships:
A. The property is served with sewer.
B. A residence has e.xisted on this property for approximately 50+ years
Page 1 of 5
J
C. The new proposed structure meets all required setbacks of the LR-IB
2U>ning District.
D. The building site is consistent in area with other home c'tes within the
Minnetonka Summit Park neighboit
5.
E. The property meets the required lot widthi of 140 ’ to the rear of the front/
street setback.
The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variaiKe would iK>t adversely affect traffic conditions, light, air nor
pose a fur hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial property
right of the applicant: and would be in keeping with the spirit and intent of the
Zoning Code aind Comprehensive Plan of the City.
The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above fmdings, the Orono City Council hereby
grants a variance to Mumcipal Zoning Code Section 10.24, Subdivisions 5 (B) to permit
construction of a new residence on a property that is 32,800 s.f. or .75 acres requiring approval
of 10,700 s.f. or 24.7% area variance, subject to the following conditions:
1.
2.
Applicant to provide grading detail on driveway to ensure drainage will flow to
south or Elm Street and away from residential property to the east.
Applicant must fulfill requirements of demolition permit that allowed the removal
of Ae former residence and detached garage. The removal of the foundation and
Page 2 of 5
3.
5.
other debris on site must be completed as soon as weight restrictions on roadways
arc lifted or by June 1, 1994 whichever comes first.
Authorities granted by this resolution run with the property not with the applicant,
but are permissive only and must be exercised by application for a building
permit within one year of the date of Council approval, or this variance will
expire on that date (March 28, 1995).
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 authoniy granted herein, and shall be punishable as a misdemeanor.
The uixtersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
Page 3 of 5
Adopted by the Orono City Council on this 28th day of March, 1994.
ATTEST:
Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor
Property Owner(s)
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
The foregoing instrument was acknowledged before me on this 28th day of March,
1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of
Orono, a Miiuiesota municipal corporation njid said instrument was executed on behalf of the
City.
Notary Public
Page 4 of 5
TO:Orono Planning Commission Members
bfayor Callahan and Orono CouiKilmembers
Ron Moorsc, City Administrator
FROM: Jeanne A. Mabusth, Building & Zoning Administrator
DATE:March 16, 1994
SUBJECT: #1906 George Roscoe, 4030 Elm Street - Variance - Public Hearing
Pertinent Ordinances
Section 10.24, Subd. 5(B) - Lxrt area variance
Required = 43,560 s.f. or 1 acre
Existing = 32,800 s.f. or "5 acres
Variance = 10,700 s.f. or 24.7%
Section 10.22, Subd. 2 - Review of hardcover
500-1,(X)0’ setback area = 32,800 s.f.
Allowed = 9,840 s.f. or 30%
Proposed = 5,914 s.f. or 18.03%
List of Exhibits
A - Application
B - Applicant ’s Addendum
C - Plat Map
D - Property Owners List
E - Neighbors’ Acknowledgment Form
F- Hardcover Fact Sheet
G - Survey
H - Elevation
Description of Request
The applicant seeks approval of an area variance to construct a new residence. The existing
residence structure and detached garage were burned within the last few weeks by the Long Lake
Fire Department. The former residence was constructed 50 to 60 years ago. Foundations have
yet to be removed from the site. A demolition permit was issued. A request of that demolition
permit calls for the removal of foundations and debris. Section 12.09, Subds. 1 and 2 entitled
"Clean Fill" will prohibit the filling over of foundations and debris left on the site. Road weight
restrictions are in effect now and have delayed removal.
Review Exhibit C, the building site is consistent with other home sites within the Minnetonka
Sununit Park area. To the west of the site is an unimproved dedicated right-of-way shown at
a 30’ width. The City has no plans to develop roadway. The house has been placed on the site
Zoning File #1906
March 16, 1994
Page 2
to meet the required 35’ setback from both Elm Street and the unimproved dedicated right-of-
way. The lot meets the required lot width of 140 ’ to the rear of the 35’ front setback line. All
setbacks of the LR-IB Zoning District have been met.
The former residence was connected to municipal sewer in 1979. There is no municipal water
available to this area and properties arc served with on-site wells. It is not clear from the
information that has been submitted whether an existing well will serve this property. If an
original well has been abandoned, it must be properly sealed. Applicant should advise.
Drainage will follow the natural contours except that drainage will be chaniwled along driveway
so that runoff from development site will not drain to the east property.
The following conditions of approval should be included with your recommendiN»m:
1.
2.
3.
Applicant to provide grading detail on driveway that will insure drainage
continues to flow to south or Elm Street and away from residential property to
the east.
Depending upon status of the existing well, if former well is not to be used, the
well must be legally abandoned by a qualified contractor.
Applicant must fulfill requirements of demolition permit and complete removal
of foundation and other debris on-site as soon as weight restriction on roadways
are lifted.
It is staffs intention to present this application before the Council at their March 28th meeting
CITY OF ORONO - VARIANCE APPLICATION
Initial Application Fee S200.00
($50.00 per each additional variance)
Renewal Variance Fee $100.00 § §
(no change from original application)
Variance for non-conforming structures $200.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION _
Site Address ^0*^0
1^ C(o
rrrv oc nonkinVi II w«rrniuirr i-rrirrr w*v I ack
1 Tvi i I'l ♦iVW‘Vt'\ ia Jw'Vw wvvv ^
CHECK
i'A tfWiV
riI w
V'V
^V'Vt vv
Property Identification Number (P.l.D.) Q6
Attach legal description to application if not included on required survey.
Date Property Acquired ,^G DtC /99 _____________________
I (4^ (do not) also own the adjacent parcels of land.
Present use of property: X residential ___other (specify)--------------
Zoning District: L ; Q>___________________________________
«\t.urc.af I I f w'W
■ Ch^f jii-y^STTivvv c w'Va iTw'a iaw*i;.w
02/14/9'(month/year)
APPLICANT Phone(home)//^0') *1\D-Q3(d9
Name fGpr^g.^^ . Ro SrOfc Phone(work//;^j.) f y4 -
Address: I *^/»/g~r3fl<vJA Ptj City:Zip. 55*^«/
OWNER (if different than applicant)
Name ____________
Ptoneflicme)
Phone (w ork)
Address:City:Zip:
DESCRIPTION OF REQUEST Fstimated Construction Cost $ ^ S dOQ------
rvcrritviygiigstindetail: \Air.’a*jgf —:£a/LJ ‘' ...2A flCrP /flT*
(attach additional sheets it necessary)
VARIANCES REQUIRED
X" Lot Area _Lot Width
Setback:Front Side
Hardcover
Rear
Lot Coverage
Average Lakesbore
Other (specify)
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardsbip or practical aimculty or unusual ProKiiy condiuons preventing
compliance with Zoning Code requirements: o -ffarL^Jf /V-gsgrL-.-------------------
(attach additional sheets if necessary)
REQUIRED SUBMITTALS
All ttf thg following inf<>rmation must be i bv the aPDlication deadline date ia
for vo^** apnlication to b< consid^fwl coniplttf ♦
1.
2.
3.
4.
5.
6.
7.
8.
9.
Completed Application Form
Certified Property Owners List of owners within 150’ (you must obiam this list from
Hennepin County Department of FinaiKe, A-603, Govt Center, 348-3271).
Plat Map (obtained with property owners list). ^ .
Certificate of Survey (signed by a licensed surveyor) and inc ude haricover
as required. In addition, provide one (1) copy 8'/S x 11 for
^Dographic survev (existing and proposed elevations) if any changes in existing grade
are proposed. In Edition, provide one (1) copy SW x 11" for tep^iKaon
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 in the
property This would include name(s) of applicant! s) if not current owner(s).
As an 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 staff.
Tte tpplicanr hereby agrees to provide all information required or
Administrator agrees to pay additional fees (staff time not coveted by onginal fee paymem)
"c^iatS expenis 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 Signamre ate
beiby tUi^edges and agrees to this application and further
entry onto the property by City staff, consultants, agents, Comrmssion members, and Council
members for purposes of investigation and verification of this request.
Owner’s Signature Date J ///
V^WllCl a ^t ---------------------------------------------------- '
jyicciuitt. ___»ewa*inoc nf the Planniiis CommissionMeeting. Planning Commission Meetings are neia on me muu
Appliomts must be present at all scheduled review meetings of the P aiming ®
and Council. If an applicant is unable to attend a scheduled meetmg, please m^e arra^
“have“ authorized agent attend in your place and to advise the BuUdmg & Zomng Office of
this change prior to the meeting.
8
a 1
♦
»
10641 Smetana Road Apt #308
Minnetonka MN 55343
February 9, 1994
City of Orono
1335 South Brown Road
P.O. Box 66
Crystal Bay MN 55323
To whom it may concern.
I am writing to ensure tha our application for an area variance is given the earliest
review by the Planning Commission and the City Council.
Last fall we purchased a .76 acre lot at 4030 Elm Street with the intent of removing
the structures and building a new home. Before we bought the lot, we asked one of the city s
building inspectors if there would be a problem building on the lot, even though the area was
zoned LR-IB. His response was positive and no mention of an area variance was made. The
previous owner and real estate agent were given similar responses. When our builder
submitted for the permit to build, we received notice that we required an area variance.
This letter is being submitted with the variance application in hopes of securing the
earliest possible approval (go before the Planning rommiMion on March 21. 1994 and the
ritv Cnunril nn Marrh IfL 1994V We thank you for your time and consideration in this
matter.
Sincerely,
George M. Roscoe
Kelly M. Roscoe
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Adjacent Property Owners^ Acknowledgement Form
____ ^ >>7 of 7^)AJX>qaJ/^
nanici^s)] [print address]
havr reviewed the plans for the proposed improvement or proposed use of the property located
<rr2z^T"also referred to as Land Use AppUcation No. /.?J^-----•
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for die City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor s
project or use requires Council approval.
I (we) \ U-
[print name(s))
of
[print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
gi g;) also referred to as Land Use Application No. ----•
I (we) understand that in executing this acknowledgement, I (we) am (are) not
declare approval or disapproval of the property or use but merely to conlirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor s
project or use requires Council approval.
l^ft^rty Owner Date
Property Owner
If you have any information that may assist the City in the r^iew of
Application, please submit your comments to the Building & Zoning Office at least y P
to ^e scheduled meeting date.
HARDCO'/ER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75 75-250
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LEGAL DL^CR1PT10N OF PREMISES SURVEYED:
Lots 9,:n,1l,l2, and 13, Block 8, MINNETONKA SUMMIT PARK.
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(93rtl: denotes existing spot elevation, mean sea level datum.
A11 bearings are based upon an assumed datum.
This survey intends to show the boundaries of the above
described property, and the proposed location of a
proposed house thereon. It does not purport to show any
other imtrovements or encroachments.
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REQUEST FOR COUNCIL ACTTON
COUNCIL MEETIh
MAR 2 8 1994
cmroFORONo
DATE: March 25, 1994
ITEM NO 5
Department Approval:
Name Michael P. Gaffron
Title Assistant Planning & Zoning Administiaior
Atfanini'irator Reviewed:Agenda Section:
Zoning
Iton Description: #1909 David and Margaret Vergeyle, 1485 Green Trees Road - Variance
- Resolution
List of Exhibits
• —CcSCLJATtOKi
A -Revised Site Plan/GnKiing Plan
B -Sketch Depicting Shifted House Location
C -Sketch D.*picting Various Setbacks
D -Memo and Exhibits of 3/17/94
Synopsis
The applicants initially requested a number of variances for construction of a new
residence on this lot, including:
Lack of required 30 ’ setback from top of bluff.
Stmcmre in bluff impact zone.
Intensive vegetation clearing on steep slopes.
Placement o^ fill in bluff impact zone.
Pursuant to Planning Commission’s recommendation, applicants have revised the proposal
to shift the house nearer Green Trees Road (thereby reducing the impact on the bluff and steep
slopes as well as reducing the degree of vegetation clearing) and have eliminated any proposed
filling on the lakeside of the house. An additional variance results:
• 39.4’ setback to street instead ^'t.' 'd 50 ’.
Planning Commission Recommendation
Please review the memo and exhibits of 3-17-94. Noting that this is the last lot in the
Green Trees subdivision. Planning Commission acknowledged that without variances to bluff
protection requirements, the lot would be unbuildable, with only a small area available on which
to construct a home (see Exiiibit C), Planning Commission’s review, therefore, centered around
how the bluff and steep slope impacts could be minimized. This resulted in the Planning
Commission voting 4 to 2 (with Planning Conunissioner Berg abstaining due to a potential
conflict of interest) on a motion to send the following recommendation to Council:
I
Request for Ccuncil Action continued
page 2 of 3
March 25. 1994
#1909 David & Mafgarei Vergeyle
The applicant should either mo\^ the house 5-10' nearer Green Trees Road, or
provide to Council a "compelling case" for not moving it.
2.Planning Commission would recommend approval of a 10’ variance to the 50’
street setback requirement, i.e. allow a 10’ encroachment past the setback line.
3.Eliminate all filling on the lakeside of the residence, siiKe this is not necessary
to protect the foundation nor for any other justifiable purpose.
Applic4»nts were eiKouraged to iiKorporate an underground percolation system for
the roof drainage to minimize surface runoff impacts.
The minority opinion shared by Smith and Rowlene was that the application was moving
along too quickly, that the Planning Commission should get a chance to review any changes or
revisions, and that perhaps a redesign of the house aixl garage would lead to a better site plan.
Revised Plan
Since the March 21 Planning Commission review, the house has been shifted
approximately 10’ uphill towards the road, and 4’ to the north «:ide. TTiis results in staggered
comers of the house encroaching approximately 4’ past the 50’ setback line, with the most extant
portion of overhang being 39.4’ from the front lot line at the cul-de-sac.
Further, all grading proposed to the lakeside of the house has been eliminated. Any
grading that would have been necessary for a patio has been made unnecessary by changing to
a lower deck, which will require no fill. This also results in the potential to save at least a
handful of mature trees which would have had to be removed or would likely have died due to
the fill.
The driveway has been revised to a narrower width and will enter the road nearer the cul-
de-sac. This scheme in total reduces the potential drainfield area near the garage apron by
approximately the same square footage that is gained along side the garage and in the street
yard. It appears likely that certain drainfield lines can be extended to accommodate those lost
while still maintaining a 20’ setback to property lines and the Iriveway. I have asked Steve
Weekman to confirm that this proposal is feasible, and should have his confirmation on Monday.
DNR Position
Ceil Strauss of the DNR in her letter indicated that "the design of the struemre and bluff
alterations must be reviewed and approved by a registered structural or soils engineer" to
consider stability and minimize erosion. This discussion was mainly in relation to the retaining
1
Request for Couodl Action cootimied
page 3 of 3
March 25, 1994
#1W9 David A Margaret Vergcyle
walls and fill which are no longer proposed. Further, she indicated that "vegetation and
appropriate coloring shall be used to bleixl in the alterations with the natural character of the
bluff area". Planning Commission did rot specifically discuss the lakeshore facade of the
proposed house and the nature of the materials proposed in regards to such "blending" with the
landscape. Council may wish the applicants to address this.
Staff Reconunendatioa
The revised site plan received by staff on Thursday, March 24 appears to respond to
Planning Commission’s concerns and, pemling Weckman's confirmation that septic capabilities
are not compromised, staff sees this as a positive revision to reduce the degree of impact on the
bluff and steep slopes. The minor encroachment by a small comer of the house into the street
yard setback seems to be relatively minor, in light of the revisions and Planning Commission
recommendation, staff has drafted a resolution for variance af^roval attached for Council ’s
consideration.
Requ^ed Action
Motion regarding aj^roval of the proposed variances per attached resolution.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.56, SUBDIVISION 16 (Q,
SECTION 10.56, SUBDIVISION 16 (D,
SECTION 10.56, SUBDIVISION 16 (J), AND
SECTION 10.23, SUBDIVISION 6 (B)
FILE NO. 1909
WHEREAS, David and Margaret Vcrgcylc (hereinafter "the applicants") are
owners of the property located at 1485 Green Trees Road within the City of Orono (hereinafter
"City") and legally described as follows:
Lot 1. Block 1, Green Trees on Tanager Lake, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.56. Subdivision 16 (C) (2 & 3) to allow placement of a residence
strucnire at a setback of less than the required 30’ from the defined "top of bluff", and to allow
placement of said structure within the bluff impact zone where structures and accessory facilities
are not allowed; and for a variance to Section 10.56, Subdivision 16 (I) to allow intensive
vegetation clearing on steep slopes to accommodate the proposed residence; and for a variance
to Section 10.56, Subdivision 16 (J) (5) (h) to allow fill placement in a bluff impact zone; and
for a variance to Section 10.23, Subdivision 6 (B) to allow a front yard setback of 39.4 ’ where
a 50’ front yard setback is normally required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1909.
2. The property is located in the LR-1A Single Family Lakeshore Residential Zoning
District.
Page 1 of 7
3.The Orono Planning Commission reviewed this application on March 21, 1994
and recommended on a vote of 4 ayes, 2 nays and 1 abstention, conditional
approval of the propoad variances per the following findings and recommended
conditions:
A. This lot was platted in September of 1980 and was approved by the City
at 1.69 acres in area.
B. The property is not sewered, therefore an on-site sewage treatment system
is requi^.
C. The dry buildable portion of the lot that is not within the 100’ lakeshore
setback nor within the bluff impact zone, is surrounded by private
roadway on three sides and a 50’ street setback is required in the LR-IA
zone.
D. Once the lakeshore setback, setback from top of bluff, front and side yard
setbacks and setback from septic system are accounted for. the remaining
buildable area of the property is approximately 15’ x 65 ’, not large
enough for construction of a residence on the property. Therefore,
without approval of variances, the lot would be unbuildable.
The proposed location of the residence requires variances to both the 30’
bluff setback and the prohibition on struemres within the bluff impact
zone. The proposed dwelling location in addition to proposed filling and
retaining walls approximately 30’ lakeward of the foundation would result
in the removal of a substantial number of mature trees and other
vegetation w ithin the bluff and on steep slopes, require a variance to the
prohibition on intensive vegetation clearing on steep slopes.
F. No hardship or need has been justified for granting of the variances
necessitated by the fill and retaining walls.
E.
Page 2 of 7
H.
I.
J
K.
L.
M.
Tlie filling and grading necessary to merely accommodate construction of
a residence on the property is reasonable as long as the impacts of such
grading are minimized to the greatest degree possible, both by house
placement as well as by using appropriate erosion control methods.
The removal of just those trees necessary to accommodate construction of
a residence is fair and reasonable.
Planning Commission recommends that the Council look favorably on any
revised proposal which might result in up to a 10 encroachment into the
street setback zone but which therefore reduces the impacts on the steep
slope and bluff impact zone by moving the proposed residence nearer the
street.
Planning Commission recommends that the fill and retaining walls on the
lakeside of the proposed residence be omitted, that the proposed deck be
allowed, and that any patio area on the lakeside of the residence be
constructed as a deck to eliminate the need for filling.
Planning Commission recommends that the applicants preserve existing
vegetation to the greatest extent possible to preserve the existing degree
of screening from Tanager Lake.
Planning Commission recommends that the tile drain system iiKorporate
an underground percolation system to minimize erosion potential.
The Minnesota DNR has submitted a letter of non-objection to the
variance subject to the following conditions:
The design of the structure and bluff alterations must be reviewed
and approved by a registered structural or soils engineer, '^is
review must consider the stability of the structure and appropriate
design to minimize erosion in the altered area during and after
construction.
Page 3 of 7
2) Vegetation and appropriate coloring shall be used to blend in the
alterations with the natural character of the bluff area.
Pursuant to the Planning Commission recommendation, the applicants have
revised their proposal to eliminate grading or filling on the lakeside of the
pn^XKed residence, and have relocated/reconfigured the proposed structure in a
manner such that the following variances are required:
A. 10 ’.6’ setback encroachment into the 50 ’ street yard requirement.
5.
6.
B. 30 ’ encroachment of the .0 ’ top of bluff setback.
C. 44* structural encroachment lakeward of the defined top of bluff.
D. A portion of the bluff impact zone will be filled to accommodate said
resktence.
E. Intensive vegetation clearing on steep slopes will occur to accommodate
construction of the house.
The City Council has considered this application iiKluding the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variances would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substanfial property
right of the applicant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
Page 4 of 7
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Section 10.23. Subdivision 6 (B) to allow a front yard setback of
39.6* where a 50’ front yard setback is normally required; and a variance to Section 10.56,
Subdivision 16 (C) to allow encroachn»nl into the 30’ required setback from the top of bluff,
and to allow structure in tte bluff impact zone where structure is normally not allowed; and a
variance to Section 10.56, Subdivision 16 (1) to allow intensive vegetation clearing on steep
slopes; and a variance to Section 10.56. Subdivision 16 (J) to allow fill within the bluff impact
zone, subject to the following conditions:
1.
2.
3.
5.
6.
All construction on ard improvements to the property shall be per the approved
site and grading plans attached to this resolution as Exhibit A.
Applicants shall take extreme precautions to prevent the destruction of trees and
vegetation within the steep slopes and bluff impact zone which arc not necessary
to be removed for construction of the residence.
Applicants shall take extreme precautions to protect the primary aid alternate
drainfield sites from any construction traffic, by fencing said drainfield areas with
a sturdy fence and placing warning signs. Applicants are advised that the
proposed drainfields are located in an area extremely vulnerable lo inadvertent
traffic which may render said drainfield areas unusable and would make the lot
unbuildable.
No filling is allowed on the lakeside of the reside Ke. The proposed decks as
shown on the site plan shall be constructed so as not to require the placement of
fill.
The surface water drainage s> stems on the property shall incorporate underground
percolation systems wherever feasible.
Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (March 28, 1995).
Page 5 of 7
7. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
8. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution a^ on behalf of themselves, their heirs, successors and assigns,
tereby agree to the recording of this resolution in the Chain of Title of the
property.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 28th day March, 1994.
ATTEST:
Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor
Property Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of March,
1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City. ’
Notary Public
Page 6 of 7
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199 _before me a Notary Public within
and for said county, pcreonally appeared________________________________________
known to me to be the person(s) described in and who executed the foregoing instrumcnt.and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199 before me a Notary Public withirt
and for said county, personally appeared_________________________________________
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 7 of 7
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FROM:
DATE:
Orono Planning Commission Members
Mayor Callahan and Orono Councilmembers
Ron Moorse, City Administrator
Jeanne A. Mabusth, Building & Zoning Administrator
March 17, 1994
SUBJECT: #1909 David and Margaret Vergeyle, 1485 Green Trees Road - Variance -
Public Hearing
Pertinent Ordinances
Section 10,56, Definition 2 Bluff - Topographic feature such as a hill, cliff or embankment
having the following characteristics (an area with an average slope of less tha». 18% over a
distance of 50 ’ or more shall not be considered part of the bluff):
A. Part or all of the feature is located in a shoreland area;
B. The slope rises at least 25’ above the ordinary high water level of the
water body;
C. The grade of the slope from the toe of the bluff to a point 25’ or more
above the ordinary high water level averages 30% or greater; and
D. The slope must drain toward the water body.
"Toe of the bluff" means the lower point of a 50 ’ segment with an average slope
exceeding 18%. "Top of the bluff" means the higher point of a 50 ’ segment with an
average slope exceeding 18%.
Definition 3 Bluff Impact Zone - A bluff and land located within 20’ from the top of a
bluff.
Defimtion 26 Steep Slope - Lands having average slopes of 18% or greater as measured
over horizontal distances of 50 ’ or more, that are not bluffs.
Section 10.56, Subd. 7, Classification of public waters - Recreational Development Lakes (RD)
Tanager Lake 929.4
Section 10.56, Subd. 16(C-1) - Setbacks from shoreline required for structures = 100’
Two additional structure setbacks:
Setback from top of bluff for structures = 30’
Bluff impact zone,Slnicmres and accessory facilities except stairways,
landings and lock boxes must not be placed within bluff impact zone.
Section 10.56, Subd. 16(G) - Steep slopes. Any applicant requesting a permit for construction
of sewage treatment systems, roads, driveways, structures or other improvements on steep
slopes, shall provide adequate information to allow the City to evaluate possible soil erosion
Zoning File #1909
March 17, 1994
Page 2
impact!^ and development i/tvisibility from public waters before such permit may be issued.
When determined necessary, conditions shall be attached to bsued permits to prevent erosion
and preserve existing vegetation screening of stnicmres, vehicles and other facilities as viewed
from the surface of public waters, assuming summer, leaf on vegetation.
Section 10.56, Subd. 16(1-2) - Vegetation alterations. Intensive vegeution clearing within 75’
of the shoreline and on steep slopes within the Shoreland Overlay District is prohibited. Limited
clearing of shrubs and trees less than 6" in diameter and cutting, pruning and trimming of trees
of any size is allowed to provide a view to the water from the principal dwelling site and to
accommodate the placement of permitted stairways and landings, picnic areas, access paths,
beach and watercraft access areas, and permitted lock boxes, provided that the screening of
structures, vehicles or other facilities as viewed from the water, assuming summer, leaf on
conditions, is not substantially reduced.
Section 10.56, Subd. 16(J-5g) - Topographic alterations/grading and filling. Plans to place fill
or excavated material on steep slopes must be reviewed by the City Engineer for continued slope
stability and must not create finished slopes of 30% or greater.
The applicants seek variance approval for structural encroachment of the bluff impact zone
and for additional excavating and filling beyond building footprint also located within bluff
impact zone.
List of Exhibits
A - Application
B - Plat Map
C - Property Owners List
D - Ha^ship Statement
E - Mabusth Letter 1/8/93
F - Applicants Request for Scheduling before Council at 3/28/94 Meeting
G - Neighbors Acknowledgment Form
H - Shoell, Mattson Report
I - Ceil Strauss Letter 2/18/94
J - Ceil Strauss Letter 2/18/94
K - DNR Proposed Amendment of Code
L - Survey
M - Grading Plan
N - Boulder Wall Section
O - Gustafson Report
P - Filling Profile within Bluff Impact Zone
Ql-2 - Section/Profile Bluff Zone
R - Section/ Locating Percentages of Slopes
S - Landscape Plan
Zoning File #1909
March 17, 1994
Page 3
T - Floor Plans
U - Building Section
V - Elevation
Review of Request
Lot 1, Block 1, Green Trees on Tanager Lake was platted in September of 1980 and was
approved at 1.69 acres. The property is not sewered, requiring an on-site septic system. All
other lots within the Green Trees plat have been developed. The last remaining lot is the most
severely limited of the lots within the subdivision with steep topography and a roadway that
surrounds the majority of the building envelope. The recent Shoreland Regulations not only
created new protective regulations for bluff areas but also reclassified Tanager Lake as a
Recreational Development Lake requiring 100’ setbacks for all structure. Much of the shoreland
of tlw property is occupied by a wetland. The builder has advised staff that applicants propose
no alterations of the shoreland area and wish to maintain it in its pristine condition. Applicants
will seek to remove dead trees and trim and prune existing trees. Any trees proposed for
removal will be evaluated by the Building staff to determine the type and number of trees to be
removed. Staff will seek replanting schedule and determine if level of tree removal would be
classified as clear cutting which is not allowed under the ordinances, refer to Section 10.56,
Subd. 16 (1-2) noted above.
Applicants have managed to locate a house, septic system and generous driveway layout within
the building envelope all meeting the 25% hardcover allowance. Applicants have been only
recently notified of the presence of bluff areas on the propeny requiring more restrictive setback
from the top of lakeside bank. There is little room within the building envelope to relocate
proposed house. Mike Gaffron has prepared various exhibits to depict the bluff impact zone as
defined within the current ordinance, proposed land alterations within the bluff area and the
impact of fill on the downside/lakeside of the bluff, review Exhibits P, Q and R.
Because of the limited building envelope, any other attempt to relocate home would require a
street setback as well as a bluff setback. Any readjustment would have to be to the northwest
cul-de-sac area as the septic prevents movement to south and east. The structure would still not
meet required 30’ setback from top of bluff. Staff will have a sketch of the building pad and
a footprint of the house to assist in determining whether house can be relocated to a more
acceptable location.
In reviewing the exhibits on the slope determinations, note that a 9’ rise in a 50 ’ segment results
in a 18% slope. As the house is currently proposed, it will encroach within both the bluff
impact zone and 30’ required setback. Filling is proposed not only around the house pad but
to the lakeside of house, refer to Exhibit P.
No doubt our current code is restrictive and as we interpret and implement the code, we find
Zoning File #1909
March 17, 1994
Page 4
it cumbersome and not meeting our real intent. Review Exhibit K. Staff is hesitant to consider
the DNR amendment as it involves staff making judgment calls on site which results in
subjective and inconsistent findings. The intent of the Shoreland Regulations must be retained
with any amendment of the code. Review Exhibits Ql-2, per the current definition, the top of
bluff would be at approximately the 959 elevation. From the point defined as the visual top A
at the 950 elevation, the average percentage of slope from the defined toe is 27%. Staff will
accept the 950 elevation as the top of the slope.
Issues for Consideration
1.
2.
3.
4.
5.
Review Exhibit P, The code strongly suggest that we minimize the filling within the bluff
impact zone. Is it necessary to fill beyond the foundation of the house? The foundation
may serve as retention wall. Rather than a patio beneath deck, what about a lower deck
being installed and allow grades to remain as is?
Review Exhibits M, N and O, grading plan shows two 4’ high retaining walls wilhm the
bluff impact zone required to sustain the additional fill on the lakeside slope. Applicants
propose boulder walls. Review Exhibit O. Gustafson cannot approve as boulder walls
cannot be certified by an engineer. He claims they will not work at an 8’ + height.
Gustafson asked for specific information on the type of block, type of fill, and type of
tie back restraints to be used. His report also notes that 4’ high walls must be separated
at least 4’. What is Planning Commission’s position on further filling within the bluff
impact zone? How far should fill be allowed at the down or lakeside of the bluff? Is
there a hardship? Remember the filling within bluff zone is also part of the variance
application.
If Planning Commission approves the additional filling within the lakeside of the bluff
and retaining walls are to be installed, members should make a recommendation
concerning the type of wall to be installed.
As structure is to be located on bluff and if additional filling is also proposed, what type
of landscaping/screening will be required of applicants? Note the landscape plan does
not address the lakeshore yard. Exhibit S. Applicants ’ buUder has advised that no
changes are proposed in lower lakeshore yard. The code will allow access paths, picnic
areas within the bluff impact zone. Special attention must be given to the removal of
plantings on bluff.
Staff was pleased to see the proposed roof drains with pipes leading to bottom of slope.
Staff sees no problem with this as long as the outlet is located out of the 0-75’ setback
area If outlet velocity is of concern rip rapping may be considered. In any event, this
is a matter that can be reviewed in more detail with staff and the City Engineer. As far
as staff is concerned, it makes good sense to minimize any potential erosion of the steep
Zoning File #1909
March 17. 1994
Page 5
bank. Docs Plannin g Commission have any additional comments concerning this matter?
We hope we can come to a final recommendation concerning this variance application. If
members seek additional information to assist in their determinations, please advise staff prior
to the meeting. It is stafrs intention to schedule this variance application before the Council
meeting on March 28th.
Options of Action
1. Approval as proposed requiring the approval of variances for the proposed house that
will be located within the bluff impact zone and within the required 30 ’ setback.
Application also involves the additional filling within the bluff impact zone. Planning
Commission should then recommend on type of reuining walls to be installed and type
of planting to minimize visual impact from lake level; or
2. Approval as amended. Amended approval may concern the following:
a. Possible street setback variance for relocated house.
b. Setback variance from top of bluff.
c.Depending upon the degree of filling needed with an amended proposal, filling
may end at the foundation at lakeside of stnicmre and a recommendation to install
grade level deck as opposed to a grade level patio.
/
CITY OF ORONO - VARIANCE APPLICATION
Initial Application Fee $200.00
($50.00 per each additional variance)
Renewal Variance Fee $100.00 **
(no change from original application)
Variance for non-conforming structures $200.00
After-the-Fact Fees (Double application fee)
PROPERTY INFOILMATION .
Site Address lr'ee<i M
1‘7»9
ft'
• t.
y “> -c/\ ..
Property Identification Number (P.I.D.) if t! ~1 ~ 00 I J
CITY OF DW
FIK'AiiCt OFFICE
1J502CC000
01 OEM 200.00
LfiECK Ti 200.00
HECEIPT-lHiOiF YOU
H29T770 cool fiOl T09:5-
02/24/9-
Attach legal description to application if not included on required survey
AcquiredDate Proper^ __
I ^o’n^ also own the adjacent parcels of land. . .
of propertyr residential ')/ Other fsoecifv)
(month/year)
Zoning District: L R - I A
APPLICANT
Name_
Address:
I \ I /
q L Vgr
H Phone (home) 7 CXQ - 5 9l
‘Sion
rae^i € cphone(work) 93V "7 7 <?/
City:4. UvuS Pa^ L Zip:_^
OWNER (if different than applicant)
Name __________
Phone(home)
Phone (work)
Address:City:Zip:
DESCRIPTION OF REQUESTc.av,ivjur - F.stimated Construction Cost $ SP 5. COO
Describe request in detail: iivtv ^
AU CyCoQ b --------------------------------—
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area Lot Width Hardcover Lot Coverage
Setback:Front Side Rear Average Lakeshore
Other (specify)
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conoitions prevenimg
compliance with Zoning Code requirements: —---------------------------------------------
(attach additional sheets if necessary)
REQUIRED SUBMITTALS
All of the following information must be submitted bv the appiicatioq date in order
for vour application to be considered complete;
' /Completed Application Form
^ Certified Property Owners List of owners within 150’ (you must obtain this list from
1.
2.
3.
4.
5.
6.
7.
8.
9.
/Hennepin County Department of Finance, A-603, Govt Center, 348-3271).
V plat Map (obtained with property owners list).
t/Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy S'A” x 11" for
/reproduction.
/ Topographic survey (existing and proposed elevations) if any changes in existing grade
/are proposed. In addition, provide one (1) copy 8'^" x 11" for reproduction.
Sketches or plans of floor & elevation views (provide one (1) copy 8'A" x 11").
"7 List of the legal names (include marital status) of all persons with an interest in the
property. This would include name(s) of applicant(s) if not current owner(s).
__As an addendum to this application, please attach a separate list of any other persons
you wish notified of this application. y,
__Additional items as may be requested by City staff. . HU % -2^ *7i
The Applicant and Property Owner must sign this application. Please remember that yssiL
iance application is not complete if the above information has not included,
APPLICANT’S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoiung
Administrator, agrees to pay additional fees (staff time not covered by original fee payment)
and/or consultant expenses incurred in review of this application, and certifies that the
information supplied is true and correct to the best of his/her knowledge.
Applicant’s Signamre Date jZ
7
OWNER’S SIGNATURE '
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City staff, consultants, apnts. Commission members, and Council
members for purposes of investigation and verificaflon of this request /<• w
Owner’s Signature -----------------^ -------
Applicant must have aU submitJs into thTcity offices 25 days before the Planning Commission
Meeting Planning Commission Meetings are held on the third Monday of each month.
AppUcants must be present at aU scheduled review meetings of the Planning Commission
and CouncU. If an applicant is unable to attend a scheduled meetmg, please make arrangements
to have an authorized agent attend in your place and to advise the Budding & Zoning Office of
this change prior to the meeting.
8
1
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>63T. 01
t* I6». «7
l*Wl.9
I C^tEEN TREES ON
TANAGEK LAKE GOVT LOT 2
.EGALLY RECORDED MAP. IT
'4>ILATION OF INFORMATION
•'TTY rnilMTV AMH CTATC
• # «* fcuii'tem tt/tz/n*' iATCM 002, moo Aooo , OltCII NAHf.ri09Kitn•V NMC/AOeN
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. MOP AOM
ONNEK HAHC
TAXPAYER
. • NAME/AOOR
:y .
sa 11-117-25 23 0002 Q1A7S SHORELINE OR ROBERT P SCNHITT i NIFE ROBERT P SCNHITT 1B75 SHORELINE OR OR0NO m 55351
SB 11-117-23 23 0012
01455 BREEN TREES RO
J A NAIRER i S S NALKER
JANES A i SHARON S MAUCER
145S BREEN TREES RO
NAYZATA MN 55351
HENNEPIN COUNTY PROPERTY IlH^CHBUTION SYSTEH PROPERTY ONNERS LIST3B 11-117-23 23 0010 014B7 SHORELINE OR ERIC N BERINBAim ERIC H BERINGAUSE 1467 SHORELINE DR NAYZATA MN 55351
36 11-117-23 23 0014
01520 BREEN TREES RO
0 0 RYERSE JR I N L RYERSE
DORANCE 0 RYERSE
1520 BREENTREES RD
NAYZATA HN 55351
REPORT NO. P1435401 PAGE 4 s36 11-117-23 23 0011 01465 BREEN TREES RO STREETER t ASSOCIATES INC STREETER i ASSOCIATES INC 16300 HIM^TONRA 6LV0 1206 NAYZATA HN 55351 4
36 11-117-23 23 0015
01510 GREEN TREES RD
0 B I J L RICKARD
DAVID B I JUNE L RICKARD
1510 BREEN TREES RO
NAYZATA m 55351
• r . ' U.• .* 'fV ••.•••• <. k1.^‘ : • ♦ . ■ I •
f
»'
— PROP AOOR
.* ONNER NAME
. TAXPAYER
N NAME/AOOR
* 4 • ■
• • S
56 11-117-23 21 0014
014B0 BREEN TREES RO
CIS PUTOU
CARL i SUSAN PLATOU
1460 OTEEN TREES RO
NAYZATA MN 55351
PROP AOOR
' ONNER NAME
TAXPAYER TOTAL BATCH
NAHE/ADOR .
002 00005
• . » ■ ' *
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• * * * .•
V N*‘ V .. • •
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•. ■ • ■ *
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■». V*'
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• * • • •' ; ‘
36 11-117-23 23 0017
00036 ADDRESS UNASSIGNEO
CIS PUTOU
J 0 SURBER
4132 NO YUCCA RO
PARADISE VALLEY AZ 65253
36 11-117-23 23 0016
00036 ADDRESS UNASSIGNEO
GREEN TREES HOMEONNERS ASSOC
GREEN TREES HOMEONNERS ASSOC
C/0 JACK 0 YOST
1515 GREEN TREES RD
NAYZATA MN 55351
1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENT^PIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNONLEDGE AND BELIEF
4 •; . •
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HARDSHIP/DESCRIPTION OF UNUSUAL
PROPERTY CONDITIONS
MARGARET AND DAVID VERGEYLE, APPLICANTS AND OWNERS
1485 GREEN TREES RD., ORONO
D
Summary: After accounting for setbacks from street and lakeshore,
the remaining buildable area falls within the bluff impact zone. In
effect, if a setback to the bluff impact zone was also accounted for,
there would be no room to accommodate a dwelling. Without a
variance to the bluff impact zone setback, this property would
become unbuildable. Additionally, it appears a dwelling could not be
located on this property accommodating this setback because septic
system requirements would be impossible to meet.
The author of the Bluff Impact Zone regulations at the DNR has
reviewed the survey and proposed dwelling plans and admitted to
the unusual propertv conditions and did not object to this variance.
In August 1992, we found the lot at 1485 Green Trees Rd. and sought
the advice of an architect, builder and licensed surveyor as to the
potential to build on the desired site prior to entering a contract for
sale. The surveyor collected the building requirements from the city
of Orono and created a topographical survey which indicated all
setbacks. This showed the buildable area to be restricted to the area
now known as a bluff. (The Orono building permit specifications did
not then, and do not now indicate any special requirements for bluff
zones.)
The survey also indicated the lot had an encroachment and an
easement owned by the next door neighbors. The survey also
showed the lot to be slightly below the zoned minimum acreage. We
reviewed the topographical survey with the city of Orono and asked
the zoning administrator whether this was a buildable lot or not. She
responded in writing tnat the lot was approved as a buildable lot in
1980 and would remain so as long as it was returned to its full size
by removing the easement and the encroachment. The next door
neighbors agreed to remove their encroaching driveway at great
expense to themselves, and to release the easement. When all
appropriate documentation was in the hands of the title insurance
company ensuring that the land was now returned to a clear state,
we closed on the sale of this property—April, 1993.
/ 7
j
'J
1 •*V
K .
•--. r‘«*
1485 GREEN TREES RD. (CONT.)
. >,
j
•• -yy
The process of filing the easement removal in the Hennepin County
court system took until this past December, a full year after our
conversations with the zoning administrator!
In the meantime, based on the surveys * .*d acknowledgement of the
zoning administrator that this land was buildable, we hired an
architect to design a home falling within the only portion of land
meeting the many setback requirements (again, unaware of any bluff
zone setbacks.)
After great expense to the neighbors to remove their driveway, a
$285,000 expense to us (our life savings) to purchase this lot and
design a home within what we thought was the only acceptable
location to the city of Orono, and a year of waiting for the processing
of the removal of an easement, we finally applied for a building
permit. The contractor collected the permit application and
accommodated all of the city's requests prio: to the submission,
including stringent septic regulations and grading regulations
(interestingly, the grading involved the regrading of the bluff,
although no one indicated any knowledge of a bluff zone at this
point, either.)
The builder responded to some minor issues after submission of the
permit application, and was not informed of any problems. Nine
working days after submitting the application, the builder was given
all indication to expect the permit and even committed to his
vendors that the construction would begin that day. Much to all our
surprise, he received a devastating phone call that very morning
from the zoning office saying they just realized this property falls
within the bluff impact zone and requires an additional 30 ’ setback
from the bluff.
(We met with the zoning office who admitted confusion on their part
as to the interpretation of these relatively new ordinances, and we
remain uncertain as to how new residents could become informed of
this ordinance when the enforcers do not seem well informed and
they are not included in the city's permit process.)
D
^ ?
«.w*xr- f
^ *1
/ ;
j)
1485 GREEN TREES RD. (CONT.)
y
Upon hearing this news, we immediately scheduled an appointment
with the author of the bluff impact zone regulations at the DNR. She
reviewed our plans, confirmed the property indeed was a bluff, but
clearly saw the property could not accommodate the bluff setback as
well as the other setbacks required by Orono. She also admitted the
location on the bluff where the dwelling is proposed is on the
gentlest part of the incline, i.e. the least objectionable portion. She
also admitted that the dwelling was located in the only acceptable
location to accommodate a proper septic system. Her conclusion was
that she would not object to this variance and agreed to issue a letter
to this effect to the city of Orono.
Without this variance, it is clear this property would be deemed
unbuildable.
We therefore, respectfuUy request this variance be granted.
Sirfeero^, f
David JiTid Margaret Ver
7 7
« •0^
CITY of OROXO
PMOOwB mM
Cr7«ri Vtena 5S3ZMW*
January 8, IS93
Mr. and Mrs. David Vergeyle
1141 Dean Couit, No. 804
Miriie“?olts- M^nns.^oca 55416
Dear Mi. and Mrs. Vergeyle:
It would appear that James and Jan Walker are willing to discharge
and release the access easement within Lot 1, Block 1, Green Trees
located adjacent to the shared lot lines of Lots 1 and 2, Block 1.
Their letter of January 4th also advises that they have agreed to
remove portions of the existing drive that e.-.croac.hes within Lot 1.
As I have already advised your realtor, Meg Vogt, Orono ordinances
woula j ot permit the areas of acce-'s easements to be included
wichin the re^niirei 7 acre mi.nimum area for the zoning iistricc^
a surveyor has recenriv coiifiroar’ fiiar. the d.y cuiiiab.’e area o'!
Let 1, F.lock 1 is at 1.C9 acr-s^. An/ furth:r reduction in dry
buij.d.-ible area woali have requirad a lot area variance. If 1
carries vit^ at interest in tne easame.nt agree to leleasr and
discharge the subject easement, a lot area variar.ee would nor. be
required b/ the City.
The Green Trees plat was approved on September 29, 1980. Since the
approval of that plat, t.he zoni.ng district standards remain
unchanged. As long as the lot remains the same as approved in
1990, it would be inconsistent for the City to require a lot area
variance upon application for a building permit. The City has
re.Taired the lot area vr riaace appiitai_j.w.* c- Lc u_Le. Lc-c-aus-r
Q’^lYate owners have granted easements that have reduced the lot
area since the appro^'-al of the plat.
Please contact my office if you have any further questions on this
j^2ttter or it you wisn additional information.
Sincerely, ___
Jeanfle A.. . Mabusth
Building* & 'Zoning Administrator
sanne
• •
AM/^chcc: Meg Vogt, Edina P.ealcy, 740 E. Lake St., Wayzata, MN 55391
telephone -473-7357 • FAX-473^10
I
February 24, 1994
Ms. Jeanne Mabusth, Building and Zoning Administrator
City of Orono
Municipal Offices
Post Office Box 66
Crystal Bay, MN 55323-0066
RE: LAND USE APPLICATION #1909, 1485 Green Trees Rd.
Dear Ms. Mabusth:
Thank you for reviewing our variance application with me today.
Please notify us if there are additional questions.
As you are aware, we are ready to begin building our home as soon
as we can obtain a variance and therefore would like to be added to
the next Zoning Commi'sion agenda (March 21) and the very next
City Council meeting agenda, March 28, 1994.
h) 920-5976
FE8 2 8
1 1994 4.-49FM
612 606 2601
IVI PUBLISHING INC No. 8300 P. 2/3
6'
Adijacent Property Owners’ Admosdedfcaieitt Forai
0 // LJaC/^':^ of
(print iisme(s)](print address]
hmr renewed the plans for the proposed improvement or proposed use of the
at also referred to as Land Use Application No. t
located
/|^we) understand diat in this ackix)wledgen)enc(J/(we) am (are) not asked to
dedh^ ^ipioval or disqiproval of the property or use but merely to confirm fot the City
Council Uial^(we) am (are) aware of the improvement plans and diat the proposed neighbm's
project or use requires Council approval.
Date
Prqperty Oamer Date
I (we)
(print naxne(s)J [print address]
have reviewed th^ plans for the proposed improvement or proposed use of the property io caied
at ____also refeixed to as Land Use Application No.________.
I (we) understand that in executing this acknowledgement, 1 (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for ^ City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor ’s
project or use requires Council approval.
Property Owner Date
Property. Owner Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building dt Zoning Office at least 10 days prior
to the ff^h4»<faied meeting date.
March 15, 1994
SCHOEUL. & MAOSON, INC.
• SURVEYORS • PUNNERS
SOL TESTING • ENMRONMENfTAL SERVICES
1 osao wAyzata boulevapo • smre i • fYUNMcroNucA. mn osacs-152!
(siai 8«*a-7«ai • rax ceiai SAS-aoea
David Vergeyle
%Streeter 8c Associates, Inc.
18300 Minnetonka Blvd., Suite 208
Wayzata, MN 55391
Subject:Soil Borings for Lot 1, Block 1, Green
Trees on Tanager Lake, Orono, MN
Dear Mr. Vergeyle:
We were authorized to perform a geotechnical investigation for the above referenced
project. The purpose of the investigation was to gather information to assist in the evaluation
of soil and ground water conditions relative to foundation support and construction of the
house near the bluff. Two standard penetration borings were performed on the site as part of
this investigation. The interpretation of the results are contained in this letter. The boring
locations were selected in the field by your builder Steve Streeter and our representative.
METHODOLOGY
The borings were performed with a truck mounted CME 55 rig, using 4 1/4" inside
diameter hollow stem auger. Soil samples were collected using a 2" outside diameter steel
split barrel sampler. The sampler is attached to drill rods and lowered down inside the
auger. The sampler is then driven into the ground ahead of the auger using a 140 pound
hammer with a 30 inch drop. The sampler is driven 2 feel with the number of hammer
blows recorded in 6 inch increments. The blows from the first 6 inches and the last 6
inches are disregarded. The blows from the intermediate 1 foot are reported on the boring
log and are and indication of the soil strength characteristics. Samples were taken at 2 1/2
foot intervals to the termination depth of the borings. A portion of each sample was sealed
in a glass jar.
Soil identification was performed using ASTM D:2488 (Visual-Manual Procedures).
Preliminary classification was performed in the field, with final determination made in the
laboratory. The samples will be retained and are available for your examination.
The holes were probed immediately after the auger was withdrawn to check for the
presence of groundwater. The holes were then backfilled with a mixture of bentonite and
drill cuttings.
affirmative action • equal OPPORTUIMITV EMPLOYER
David Vergeylc March 15, 1994
RESULTS
Boring Logs indicating the depths and identifications of the soil strata, penetration
resistances and ground water observations are attached. The strata changes were inferred
unless observed in the samples. Please note that the depths shown to the various strata arc
approximate, the transitions in the field may vary between borings and may not be sharply
defined.
We found approximately 4 feet of fill in boring 1. This fill was placed over the
existing topsoil. The soils below 4 feet were firm sandy clays and dense sands with gravel
We found 6 inches of topsoil in boring 2 overlying sandy clays and sands similar to those
found in boring 1. We did not 'ncounter fill in boring 2. Both borings ended at 17 feet.
We did not encounter groundwater in either boring.
RECOMMENDATIONS
The fill found in boring 1 is not suitable for footing support. The fill should be
removed under a*l footing and slab areas. The sandy clays and dense sands found below 4
1/2 feet in boring 1 and below the topsoil in boring 2 are suitable for footmg support. If fill
is required under footings or slabs, the topsoil must be removed prior to fill placement. T^e
fill should be non-organic and be placed in 1 foot lifts and compacted with a self-propelled
compactor to a minimum of 90% Modified proctor density. The fill should be tested at 2
foot vertical intervals. We recommend retaining the services of a competent soils engmeer to
observe the removal of the topsoU and placement of the fill. ,\ny excavations for placeinent
of fill that will support the footings should be oversized laterally 1 foot for each 1 foot of fill
placed. The proposed struemre should be placed so that there is at least a 1 H to 1 V slope
between a point 2 feet outside of the footing and the toe of the slope.
The proposed footings should be sized for a maximum allowable soil bearing pressure
of 2500 pounds per square foot. This sizing is applicable footings placed on naturally
occurring non-organic soils or on compacted fill. The lowest footings will be at ^ elevation
of 948 and the base of the slope is approximately 934, a difference of 14 feet. The
approximate distance between the struemre and the base of the slope is 30 feet. The existmg
slope is approximately 2 horizontal to 1 vertical. The site as currently designed is suitable
for placement of the house.
LIMITATIONS OF EXPLORATION PROGRAM
The observations and recommendations of this report are based on the data obtaiiied
from 2 standard penetration borings Soil conditions between borings may differ from our
observations. No exploration program can fully disclose all subsurface conditions. The
conditions described can only be considered accurate at the locations and elevations sampled.
David Vergeyle March 15, 1994
We are not addressing the issue of foundation or structure design in our rcpon. If there arc
changes in the scope of the project, please contact us so that we may review our
recommendations and modify them if necessary.
We recommend that the location of the house be staked in the field. The horizontal
distance from the house to the base of the slope and the vertical distance be verified before
construction starts. The location of the house should be adjusted if necessary to keep the 1:1
zone of influence of the footings inside the slope.
We used a survey prepared by Precision Surveys, Inc. as an aid in locating the
borings and estimatin g the elevation at the base of the slope. The elevations of the borings
were shot by Schoell and Madson, Inc. personnel using the benchmark set by Precision
Surveys, Inc. The elevaiion of the proposed footings is based on a plan prepared by Schoell
& Madson, Inc.
Very truly yours,
SCHOELL & MADSON, INC.
Leonard Linton
I hereby certify Hut this plan. specificaDon or repon was prepared by me or under my direct Sipetvisioil tnd Ilut I
am a duty rMismred PROFESSIONAL ENGINEER under the Uws of the Sate of Muuiesoa.
to. No
Reviewed By /./OW^
Date '
No ^JIIP
PROJECT: Davkj Vergeyie
Green Trees on Tanager Lake
Orono, MN
LOCATION See diagram
Depth
0.0
ASTM
symbol
.5
Description of Material
(ASTM 02488)
Black silty clay.(topsoil) (CL-uij
Brown sandy sitt, fill (ML)
Black silty clay, (topsoil) (UL-JCT
Brown silty sand (SM)
B^kfilled vTiSi^ntoISte and cuttings
BPF Tests and Comments
ScnOELL & ^lADSO.ir, INC.Ef«s»«CTS ♦ SunvtYons ♦ P lwwcts ♦ So*. Testwo ♦ E nwionmentm . se «vces
PROJECT: Oavid Vergeyle
Green Trees on Tanager Lake
Orono, MN
BORING NUMBER: 2
LOCATION See diagram
DRILLER: 1 METHOD:DATE: 9 Mar 1994 ISCALE 1 ‘*« 4’
Boring Log Page_
Ei«v.
954.7
D«pth
0.0
ASTM
symbol
Description of Material
(ASTM D2488I
Black silty clay, (topsoil) (CL-OL)
BPF WL Tests and Comments
- 15
2.5
Brown sandy silt, tiace gravel (mL)
Brown silty sand (SM)
End of bonn9 17 feet
loeiBackfilled with Mntonite and cuttings.
COMMENTS 2 feet of frost
SOIL IDENTIFICATION TERMINOLOGY
UJZ
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H X
LJ
§9
Si
I
w|iis
O f/t
8
CM
O
UJ
OF COARSE FRACnON
RCTAmeO ON
NO. A SIEVE________
SANDS
more THAN SOX
OF COARSE FRACTION
PASSES NO. 4
SIEVE___________
CLEAN GRAVELS
LESS than 5% FINES
LGW
GRAVELS WITH FINES
MORE THAN 12 % FINES
CLEAN SANDS
IFSS THAN 5% FINES
O
o
UJZ
O
uz
ul
in
UJis
in
Ul88 a «>«
a: 6 o 5
SS
SILTS AND CLAYS
UOUIO LIMIT
LESS than sox
SILTS AND CLAYS
UOUIO UMIT
50X OR MORE
SANDS WITH FINES
MORE THAN 12% FINES
INORGANIC,PI > 7
WHL-GRAnED GRAVEL
P^RLY GRADED GRAVEL
SP
SM
PI < 4
ORGANIC
inorganic
PI PLOTS ON OR ABOVE ‘A* LINE
PI PLOTS BELOW ’A* UNE
highly organic soils
organic _______
ANo"
por-AMit nriQR :-----------------
OL
MH
SILTY GRAVEL
clay Ey GR a Wl
WPlL-GR/^ED 5ANi^~
POORLY GRADED SAiiHy
SILTY SAND
CLAYLV bAWD~
lean clay
SILT
ORGANIG GLAf
ORGANIC SILT
FAT CLAY
ELASTIC SILT
ORGANIC CLAY
ORGANIC SILT
PEAT
PARTICLE SIZE ’.DENTIFICATION
row CLASsmcATioN or m
CMmeo SOtCS *NO
cmmncd fmction or co^
OMNCO SOILS .
EQUATION or A LINE
AT
d
X ^2 w
VMa Mw a
/c
prT4 TO a - n - .73<a-20)
//I MH 0 R c H
o
1
. OF OL
cm r 1 [nn 11
BOULDERS
COBBLES
GRAVEL
COARSE
FINE
SAND
COARSE
MEDIUM
FINE
SILT
CLAY
OVER 12"
3" - 12"
3/4" - T
NO. 4 - 3/4"
NO. 4 - NO. 10
NO. 10 - NO. 40
NO. 40 - NO. 200
NO. 200 - .005 MM
LESS THAN .005 MM
liquid UMIT (LL)
RELATIVE DENSITY OF
COHESIONLESS SOILS
VERY LOOSE
LOOSE
medium dense
DENSE
VERY DENSE
0-4 BPF
5-10 BPF
11-30 BPF
31 - 50 BPF
50+ BPF
RELATIVE DENSITY OF COHESIVE SOILS
VERY SOFT
SOFT
FIRM
HARD
VERY HARO
0 - 4 BPF
5 - 8 BPF
9-15 BPF
16 - 30 BPF
30+ BPF
BPF - BLOWS PER FOOT
SCHOELL & MADSON, INC.
STATE OE
ff ft
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1 *-~v
LOEPARTMENT of NATUIPAL TBOiJRCES
Who waters - 1200 Warner road, St>i>aul, lor ssioe
PMONf NO.
n
772-7910 U -FILE NO.
:T
February 18, 1994
Ms. Jeanne Mabusth
City of Orono
P.O. Box 66
Crystal Bay, Minnesota
FEB 2 3
• • •
55323
RE: MARGARET & DAVID VERGEYLE PROPOSAL, TANAGER LAKE (27-141P),
CITY OF ORONO, HENNEPIN COUNTY
Dear Ms. Mabusth:
I met with Margaret Vergeyle and her architect on February 17,
1994. We reviewed the proposed residence construction plan for the
lot at 1485 Green Trees Road. The proposed plan does impact a
bluff and would definitely not meet the City of Orono's current
bluff setback requirements. As we discussed on the telephone on
February 17, 1994, I advised Ms. Vergeyle that they would have to
obtain a variance from the City.
After reviewing the shape of the lot, topography and city
requirements for setbacks and drain fields, I would say that the
property has unique limitations. Therefore, we would not object to
the City granting a variance to the bluff setback on the following
conditions:
1. The design of the structure and bluff alterations must be
reviewed and approved by a registered structural or soils
engineer. This review must consider the stability of the
structure and appropriate design to minimize erosion in the
altered area during and after construction.
2. Vegetation and appropriate coloring shall be used to blend in
the alterations with the natural character of the bluff area.
Please contact me at 772-7910 should you have further questions
regarding this matter.
Cincerely,
Ceil Strauss
Area Hydrologist
c: City of Orono Shoreland file
AN EQUAL OPPORTUNITY EMPLOYER
STATI or
^DEPARTMENT OF NATURAL RESOURCE S
METRO WATERS - 1200 WARNER ROAD, ST.ri^i-,
PMONIMO. 772-7910 _
U!}
•'7
j J
February 18, 1994 FEB 2 3 1S9^
Ms. Jeanne Habusth
City of Orono
P.o. Box 66
Crystal Bay, Minnesota 55323
RE: BLUFF DEFINITION, CITY OF ORONO, HENNEPIN COUNTY
Dear Ms. Habusth:
After discussion with Bruce, of your office, we realized that Orono
had not incorporated the alternative version (or "comnon sense"
version) of the toe and top of bluff definitions in its existing
ordinance. I am enclosir.9 alternative language that the DNR -
Division of Waters developed after the field staff (including me)
complained of problems vith administering the original definition.
I recommend that this alrernative language be added to your list of
housekeeping and clarification amendments.
Please contact me at 772-7910 should you have further questions
regarding this matter.
Sincerely,
Ceil Strauss
Area Hydrologist
Enclosure
AN EQUAL OPPORTUNITY EMPLOYER
t
J r K
•Top of Bluff" and "Toe of Bluff
DEFINITIONS
May 15. 1991
Th^ Land Use Coonlttee In Its May 15. 1991. meeting discussed and agreed on the
following definitions drafted by the shoreland management staff:
1.Top of the Bluff, "Top of the bluff" means the point on a bluff where
there Is, as visually observed, a clearly Identifiable break In the slope,
from steeper to gentler slope above. If no break In the slope Is apparent,
the top of bluff shall be determined to be the upper end of a 50-foot
sepient, measured on the ground, with an average slope exceeding 18
percent.
2.Toe of the Bluff. "Toe of the bluff" means the point on a bluff where
there Is, as visually observed, a clearly identifiable break In the slope,
from gentler to steeper slope above. If no break In the slope Is apparent,
the toe of bluff shall be determined to be the lower end of a 50-foot
segment, measured on the ground, with an average slope exceeding 18
percent.
4
VEGEYLE RESIDENCE RETAINING WALL CROSS SECTION PLAN" GROUND IVY IN TERRACE
BETWEEN WALLS AND IN CRACKS
BETWEEN BOULDERS
GRADE AFTER
CONSTRUCTION
LIMESTONE BOULDER RETAINING
WALL. 2 COURSES HIGH, 4’.
NATURAL LANDSCAPE D
1000 BLUE GENTIAN RD.
JIM HANSON 452-0755
1 ”=4>
:SIGN INC.
AGAN
GRADE AFTER
CONSTRUCTION
Bonestroo
l?osene
Anderlik&
Associates
EngfnMft S ArcMltcti
March 16.1994
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Ms. Jeanne A. Mabusth,
Building and Zoning Administrator
City of Orono
Post Office Box 66
Crystal Bay, Minnesota 55323
Re: Vergeyle Residence
FUe No. 139-1909
Dear Jeanne,
We have reviewed the geotechnical evaluation and grading, drainage and erosion control plan
prepared by Schoeil A Madson, Inc. for the Vergeyle residence. The property is located on
Green Trees Road, overlooking Tanager Lake. We have several comments in regards to
engineering matters.
The two 4*foot tall retaining walls are proposed to control up to 8-feet of fill to be placed on
the existing slope. The wall as shown, and noted on this plan, is acceptable from an engineering
standpoint. However, more information must be provided to identify the specific block, type
of hll and the type of tie-back restraints to be used. Each block manufacturer has specific
design chans that may be used depending on the type of fill and loading conditions. The
loading condition for this wall must be a 3:1 backslopc. The two walls must be placed at least
as far apan as they arc tall (1:1) or a surcharge loading must be used
The proposed roof drains, catch basins and 10-inch pipes leading to the bottom of the slope are
a good attempt to prevent slope erosion. However, the 10-inch pipe will have an outlet velocity
of approximately 25 feet per second which will be difficult to control at the bottom. The pipe
may not be necessary if a good ground cover is established. The roof could be drained by
downspouts with overland flow. We feel this method has less potential for erosion.
We do not recommend or approve of gravity type retaining walls, such as the limestone boulder
wall proposed by the builder, due to the difficulty in determining their e^ectiveness.
Please contact me at this office if you have any questions regarding this matter.
Yours very truly,
BONESTROO. ROSENE, ANDERLIK & ASSOCIATES, INC.
Shawn D. Gustafson, P.E.
2335 West Hlohwav 36 • St. Paul, WIN 55113 • 612-636-4600
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7-
REQUEST FOR COUNCIL ACTION
DATE: 3/2?^^^
®®W*Cll MEETJl^
Mar 2 8 1994
ITEM NO.:
Departmeiit ApproTal:
Nam# Michael P. Gaffron
Thle Asst. Plaoning A Zoning Administrator
Administrator Reviewed:Agenda Section:
Zoning
Item Description: Joint Use Dock License - Minnetonka Power Squadron
List of Exhibits
A - Section 10.31, Subds. 3(C) and 3(D)
Section 10.31, Subd. 16 - 17 - 18
iScotion 5 42
B - Correspondence 5-25-83/6-17-83/6-21-93
C - 1983 RS District CUP Application (principal dwelling/private guest cabin)
A question was raised al the Maieh 14ih Council meeting regarding wtettier ««
Squadron’s occasional overnight camping use by members changes the status of their docia from
"transient (day use only) slips" to "permanent moorage slips". Councilmember Hurr indicated
that if this is the case, their application and license should reOect that fact. I had not had a
chance to thoroughly research the issue, but after a brief look at the code dunng the meetmg I
did note that a "day use recreation area" conditional use permit might be required.
Having now had a chance to research these issues, I would note the following:
1. In the Joint Use Dock License ordinance (Section 5.42), transient slips are defined as
those "on land or water used for the temporary storage of many different boats for short
periods of time". Permanent slips are defined as those "on land or water used for the
storing of a given boat on a long term or yearly basis".
The license application requests numbers of "transient (day u>e only) slips" and
"permanent moorage slips". The "day use only" qualifier is a misnemer. Although this
wording has appeared on the license application since the 1970’s, it I? consistent neither
with the license code definitions nor with past City policy. A slip i.sed for occasional
overnight camping but which is not for season-long use of an individual specific boat,
is a transient slip by definition. Therefore, the application was filled out correctly.
The City has historically charged a $2 annual "slip fee" for permanent slips, no fee for
transient slips.
Request for Council Action continued
page 2 of 3
March 21, 1994
Joint Use Dock License - Minnetonka Power Squadron
2.A review of the code and discussions with the City Attorney yield the conclusion that the
Power Squadron is required to obtain a Conditional Use Permit. Section 5.42, Subd.
5(B) requires that "any joint use in the RS Zoning District by a not-for-profit
organization or association providing transient boat slips for stake holders of a property
used for dav use recreation or overnight rampin2 purposes shall be allowed only in
conjunction with a valid conditional use permit. . This language was added in 1993.
Review of RS District. Section 10.31, Subd. 3(C) "Day Use Recreation Areas", copy
attached, suggests that this is the appropriate fit for the Power Squadron’s conditional use
permit. The other possibility, "Overnight Camps", Section 10.31, Subd^ 3(D), is clearly
intended for organized long-term overnight camps such as the Vets Camp or a scout
camp situation. The Day Use Recreation Area category does allow "overnight camping
only on an occasional and incidental basis'*. This appears to be the degree of
overnight use historically occurring at the Power Squadron property. The perform^e
standards for this conditional use were likely drafted with the Power Sqiudron in mind.
It was the City ’s intent, as noted in the letters referenced below, to issue CUP’s to
existing users, acknowledging their rights to continue in operation.
Additional research discovered the attached May 25, 1983 letter from former City
Planner Alan Olson to the Power Squadron regarding their CUP (to be granted at no
charge for existing uses), their June 17, 1983 response, andai .ne21, 1983 confirmation
by Olson that he would "begin drafting the acmal conditional use permit for this property
based on your information. As soon as 1 am able to have this done, 1 will be sending
you a draft for the Power Squadron’s review and agreement prior to the time that I ask
the City Council to approve it for recording." These three documents comprise the
entirety of Zoning File #792, leading me to conclude that before he left the City in
October 1983, Olson did not draft such a CUP resolution and this application has never
been followed up. According to additional information in the RS ordinance file, the
CUP’s were to be reviewed by Planning Commission and Council under the normal
procedure.
I also reviewed the RS District "nonconforming" use section to determine its applicability
to the Power Squadron. It requires that "all existing uses of land or struemres which
may be made nonconforming by adoption of this section shall be discontinued
made to be in full compliance with all use and performance standard requirements of this
section within a period of seven (7) years from the date of adoption, not to extend later
than January 1, 1990". Note that the Power Squadron’s use is not "nonconformmg ,
because it is an allowed use via a conditional use permit. The only "nonconformity is
the lack of a valid conditional use permit, which the Power Squadron applied for m
Request for CouncU Action continued
page 3 of 3
March 21, 1994
Joint Use Dock License - Minnetonka Power Squadron
le^nse to Olson’s request in 1983. Therefore, issuance of a conditional use permit will
bring the Power Squadron into conformance with this section as well as with the
licensing ordinance.
A copy of this memo and attachments has been mailed to Bradley Herman (the Power
Squadron’s attorney) and I have discussed this matter with Herman ani Commodore Bob
Stiema.
Recommendation
1.The Joint Use Dock License application form should be revised to incorporate the
definitions of transient slip and permanent slip, and the term "day use only" eliminated
for clarity.
2.In light of Alan Olson’s clear intent to draft and have Council adopt a conditional use
permit for the Power Squadron in 1983, it would be appropriate for staff to reconfirm
that the Power Squadron’s use is identical to that as indicated in 1983, and sta^ should
then draft such a conditional use permit resolution as originally intended. A public
hearing will be scheduled for the April 18th Planning Commission meeting, with final
Council action on the license and CUP on April 25th. This delay in issuing the actual
license is a technicality the City should have resolved ten years ago and should not
prohibit the Power Squadron from continuing its normal schedule of activities this spring.
3. Unless Council directs otherwise, staff will proceed with items 1 and 2 above.
/0.2I (its -^-oAJ/AJC^ t)/-STjejCJT )^9 r - - -
, ^Tftrmal Uses. Within any "RS" Seasonal
Subd. 3. or structures shall be used for theRecreational District, no land or structures ^following uses except by conditional use permit. .................^
1/ ij3nclocstjriictuir<6s
^ C. ‘>*y'°®*,“Vt”*club, association or group of
owned or &sed by any eluia^ meeting place «« 9'oup
unrelated individuals ^ ^ limitation boating activities,
activities including athletic fields, nature trails and
swimming, fishing, "imping shall beother day-use. Over-night P This category includes day use
occasional and incidental basis and
scout, church, J" -ssociatilns. This "beboating groups, clubs or associa
include public day-use P*^*^®* a-ea provided the applicant
iSIued for a day-use that the property is large
demonstrates and the , without adverse effect upon the
enough to support the prop g upon neighboring or nearby
lake, upon the land precautions are taken for fire
properties, and that Versons and property commensurate
~ s.'“.'.i
required for approval of * \e 5.0 acres. If the number of
oelmit without a exceeds 100, the minimum lot area
h|u?r\"a VhVl\ I*:. Ucr°e"ased to maintain a ratio of at least 1.
acre pet 20 users. ^ minimum lot width at the shoreline
shall be 200 feet. «h.ii each
3. The club, rcuy l^nd frim ?Se
year obtain a joi"'-“®%f°°'‘DiVtt*lot! Ind shall at all ‘i"®®
Lake Minnetonka number of licensed boat slips shal
by all terras there . shoreline,
exceed one slip per 50 reet wi.
boa^t l^rif f ic^?nt, "a^^^
~ .i ..y »«i«w
7 The property shall be provide
telephone service tor[e..r,^ncy use shall be located directly
i;.;
|i!e“lS the ^hain Of title of each separate parcel.
This category ca„pa. ^ conditional use permitReaurve and Veteran ’s AssTCiaticn ca p i^gd the applicant
may be issued *" °;“i^‘fi„ds that the property is large
demonstrates and the Counci without adverse effect upon the
enough to support the i-hboring properties, and that extra
lake, upon the land or ^protection and for security
private with the number of usersof persons and property commei
expected on the propertyr as f
1 The minimum dry-buildable record lot area
V nf an overnight camp conditional use permit
required for approval of a . ^of dwelling units exceeds five,
shall be 5.0 acres. "^fshall be increased to maintain a
the minimum lot area dwelling unit. For purposes of this
ratio of at least ^ unit" shall mean up to two developed
Subdivision, cne or each separate cabin or structure
camping spots for ^® ^ ^^^ether or not such cabin or structure
include sepafltl wilet or kitchea facilities.
2. The minimum lot width at the shoreline
shall be 200 feet. common kitchen, dining room or ®^ting
applicable licenses and inspections-
4 The camp ooerator shall each year .obtain a
,oint-use dock licecte
^S2frin""'T"be°nu;“e=r‘'o/ncrnlid foaf slips shall not exceed one
Slip per 50 feet of l^o.eUne
6. Toilet and sanitation facilities,
Srtb^‘^’r=t ^HVa"lf-o ‘epl=V r^uli^^nr/^S^.e-rlgSffeSents
of subdivision 12 of this Section.
7. All new buildings or structures on ^the
property, except accessory structures 120^« « 3^ location
ISd7ro“o«'d*usVpr?orToTsluanL of any building permits.
8. The property shall be provided with
::;:r “:r. rdevloel and with some form of manual or automatic
extinguishing equipment.
10. All assembly buildings or portions thereof having an occupancy load of fifty persons or more shall be equipped with fire extinguishing equipment consisting of hand-held fireextinguishers and either an automatic fire sprinkler system or other means of fire supression equipment as may be approved by the Council.11. An emergency preparedness plan shall be required to address fire protection, medical emergency and police public safety services for all times the camp is occupied.12. All property in common ownership shall be combined into one tax parcel if contiguous; or if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel.
1 1
Sec. ID. 3./
structures shall ------XTr'ea^stIng uses of land or
compliance ormi*w k>y adoption of this
extend later than January 1, 1990.
exception : \0Fon jy’^®^'o£*Subdlvl»io°n
pursuant to Supa^J^ date of this Section, any
six eonths of -Hre^fe^ Council with no appll-
cJtiSS fie lellired'^fol'^a variance to this Subdivision to
lllow contiS non-conformins use, subject to reasonable
iJiSJIrairtiBetables, established by the Council for
;„»rllance with on-site sewage treatnent, private
SlS^it?, private fire protection and other performance
Standard reauirements"established by this Section. The
aoolicant^all demonstrate and the Council shall find
?h!t the ule is and was legally existing as of November
9^ 198*1, the effective date of moratorium OrdiMnce No.
218 Failur6 to apply such a vacianca within tha
allowed shall be prima facie evidence that such a
non-confocming use. was-eithec Ulegal or did not lawfully
exist on tl^t date. __- —
Subd 1(7. Non-Conforming Substandard Properties.
Restrictions aWlm3_t°record lots which areTnibstanduii1 1'' 1'^winrn-eut
which are being used in conformance with this Section.
A Record lots which are less than 2.0 fj}
drv-buildable lot area and/or less than 200 feet in lot width
lllale substandard lots on January 1, 1975, the effective date of
Ordinance No. 172.
B. Record lots, which are greater than 2.0 acres in
drv-buildable lot area, but are less tha* 5.0 aiXZ
buildable lot area, became substandard loti .i the effect v
C. Substandard__record lots may be used or developed
pursuant to Subpara^taphs'T^nd G of^bdivisiurre^ -----—----------^
Subd. Non-Conforming Suostandard Buildings or
Structures. RestksjUons applying tc non-conforming uses shall r^c
apoiy to existing b^-dtngs-or-^Hieti«e^h^^^
locatic:;, height, or hardcover limitations, but
ised in conformance with this Section. Existing buildings not
conforming to the required minimum setbacks ®ay continue to oe
used, repaired or maintained within the existing building envep*
These buildings may be enlarged vertically or ^®^i2ontally with
the required yard area without requiring a Council approved setb
variance, provided:
A. The addition conforms to all required setbacks,
even if parts of the existing building do not? or.
i9um^\
Rilii H
coi^itr
ORDINANCE # n 7 » 2ND SERIES
AN ORDINANCE TO AMEND THE ORONO MUNICIPAL CODE BY REVISING
SECn^3 42 AND ADDING SECTION 5.43 RELATING TO BUSINESS AND JOINT USE
OF LAKE FACIUTIES
The City Council of Orooo ordains as follows:
TTs«tionT^2($i^hcreby amended as follows:
SEC. 5.42. DUSP^S i\NT>- JOINT USE OF LAKE FACIUTIES.
■Sllbd. 1 Definitions. For the purpose of this Section, the following terms
have the meanings given them:
A. "Boat Slip. Water" means a structure, space, dock or other thing
designed or used for the docking, mooring or storing of a boat temporanly or permanenUy m
or on water, including mooring posts, buoys or other devices.
B. "Boat Slip, Land" means a structure, space or other thing designed
or used for storing a boat temporarily or permanently on land adjacent to a lake, whether it is
located on or off the licensed premises.
Q -Business or Peeking, Mooring, or Storing Boats" means renting
», oU.cwiM provicli..t inoU.iiini boa. buoys, fof .locliiag, woofing
more boai!i MongiBg to pewoiu oiliirF thn" »' of lha progeny 5MB.0rxr.;r „;.d for me storing of a fiven 5<?« 9n » lanib ^
term or vearlv basis
D. "Commercial Boat Dock Duoineoo" means providing spQC^-fef
doclting mooring or storing boats for a fee, or boats used in a trade or business,
without limitation, providing rented-spaces. boat buoys, spac e for keeping -L-ilT
licensee and held for sole, display, rental, of other^vtse used m connection with a boat or ^
bujincjj. nnd irnr" h»>>< H^irina nf hnnM during or pendmg repairs or maint enance of satd ^1/
boats. "Roat Slip Transient^ mMns a boat slip on land or water used fpr the IgmPOr^fY ?tpra _g_
nf m.inv^fferent boats tor fehoftperiods of time^
E. ^Cbimmercial Doclcs" means docks, mooring spaces, mooring poster
mooring buoys, or boat slips used in commefcial boat dock business or by oue in the
of docking-or storing boats as defined herein, including all "cb". "T*s", mooring po:^.
other stniemres related to the main doele "Joint U$e" more than twq Hpa^
l.ndowners joining for the purpose of using lakesh ore property for
HnrVing or mooring boats. or for any other purpose. Joint use jpoludes the followtng 4 L-
i.More than two adjacent ripa rian landowners sharing ih dig
1
r nf a sing^^ dcxkL.
* _ of ripariin non-Pri^nan UiyiQWTlgS
2* wm^Bga
, ^.KHivKinn
Knat ^lips for ttK
IT 'ii'i ~''ii"^ «> i-2-
,—..inn nr ovf miftn '•impinf TWWiSL.
■ ,„in^u^ .uLrni ......I.........■itiuilUA - ■ ■ ^rl i -"nn.tljoau. wfwliii'> ^nrlmit u. ho.^
„| ujiiij ^"'
aiiy othcf pufpoQ<^
Gr 4)uyiiiti,ji uitam cngnsingwH^
01 ..luiing bnnu. ut ................ ........
^ ^ Tr i€ unlawful for anv person to engage o
• ^^.J^llse^'joi™^« 'first having obiained M^nyal l>«n«participate m buiiuieas U5^ ^ jo^i
from the City. , _ lin.n-r thn
litminE twnnduiuiy. wholly withm mu ^
^ ti-Tfnrlifiis'-aroMng ig
chai] ho isct bv ordipance,
_ > *« a rtglllinfltinn^ ^til provide
Moiunuitu ,.,!;•* in, Li^UunL: . lUi Mii mil..... ...................
A:-----a<- pi-ipoKJ "tiny* "r i""hni‘uh nH''^'""« iMti'n'i'iiFn n"^
01 udjiiuMil 111 llir -inme nfe^-
Br
iug to Jig npora tif^__________ril be mindfat
,p|jr«ion fot_li£aBS>Jte
fp No l^carinSLSflSil;i7^h -i......simua
jf|^j^ the dist-rgtion of the Council>_S —E
WM „ reouts. o f llr TP'-"'
TAi.)t tt« Standard
i ■
A ^py A<tnctatioP of rinarian and/or non-riparian landpwncn wjtfun
gT„ ,,!!-hT > .Hh^ to J Shoala tM Rwtoiwns of is^iSlM.
B Any jnint use in the RS zoning district bv a nQt-fQr-prpfjS
nr prT i^irf TTimr"' stakehoMcr? gf a prpMW uscjjai ^
:::™i^.T"rr"/ri?f!?r o'^ r^Jlninr^mo^r, .h.ill H only in wniun^tion wiilLJ 7^
vrIiH oni;rfirinn»l nennil for ^li<< *’V WWtU.
r Parkine fao iliiiea noi T'lo'-r'J , Nn inim use shall be apppi^
■ „------- nrnvkion of parkin, alalls Of which Crtat;? (HC IK^I f«T Wrtjnt 90 WV 8tt«t
right-of-wav.
SECTION 2. Section 5.43 is hereby added as follows:
■<sF.C. 5.43. MARINA BUSINESS HCENSE^
Subd. 1. TVfinitions For the purpose of this sectign. Ih? tgrms "PQat Sl^
W:ifer- "P^^t Clin T iindV "Boat SHo Pcimanent". and "goat Slip, Tl?mirnt
pi<.^Pings gjvi»n r^^^1 in Section 5.4l The followine terms hav<? the nW^Pini;? glveaJbem.
^ "Bii^siness Uf"" means engaging in either a m^npa busings? pr tfes
hiKiness of docking, mooring or storing boats.
"Marina Business" means engaging in one or mQre of ^hC pgT?n»ttedx
^pre^aserv nr pnnditional uses within the B-2 zoning distncL
C. "Business of Docking. Mooring or Storing Boats" means rentiag
nr nrherwise nroviding space, including boat buOYS^fpr dockipg. iBQonn^ Qf
belonging m persons other than the owner (?r occupant pf the property, e^^^ept----SB
licensed as a joint use,
Subd. 2. l icense Required. It is unlawfiil for any r*^ViOT\? to <?n«a^e_ai
r^Pt^vipate in business me without havinrobtained an annual li(pen^ thrrfo- from the Cim
Subd. 3. ] Appiicafinn 4nv persoH or proup 9f maK^
]irpn«;e application for busin>T<^ »?" so on fornis provided by thff Qry and ShalLC------£
I CITY
OF
ORONO
f-/
CITY of ORONO
I’ust Office 66•Crystal Bay, Minnet>ula 5532^1 • Municipal Officea
On the North Shore of Lake Minnetonka
May 25, 1983
- / ■ ■
• •
Minnetonka Power Squadron
c/o Dr. Louis Schricker
4829 Minnetonka Boulevard
Minneapolis, MN 55416
Re; Big Island property - Record lot #5
Gentlemen:
The purpose of this letter is to provide you with information
regarding the recent zoning changes on Big Island. Attached
is a complete copy of Ordinance #246 as adopted last
December 30, 1982.
The Power Squadron's non-residential use of this property has
existed as an unlisted, non-conforming use under all previous
zoning ordinances for the Island. The new "RS" Seasonal zoning
now includes special provisions that specifical?.y authorize
this type of property use on the islands as a conditional use
permit. As discussed at the various meetings, i\ was the
intent of the Council and this ordinance to recog, ize and
authorize your type of property use and to use it ’s the basis
for developing standards to apply to any similar pinperty uses
that might occur in the future.
Please refer to ordinance section 34.363(c) for specific regula
tions now in effect. As with other conditional use permits, and
pursuant to Minnesota Statutes 462.3595, a formal City Council
resolution (permit) will be adopted and filed in the chain of title
of the property to specify the nature and extent of existing use.
In order to expedite this work, would you please take time to
respond to the following as appropriate;
1. Verify the correct tax parcel PID number as shown on the
attached blue form (#1) . You need do nothing else with this
form unless there is an error in the information shown.
BUILDING a ZONING - 473-7357
ASSKSSING
ADMINISTRATION a FINA.NCE - 473-7358 PUBLIC WORKS - 473-7359
I
Minnetonka Power Squadron
May 25, 1983
page 2
2. Is it correct that only active Power Squadron members
(and their guests) use the property?
3 Please check the following list of permitted activities
aAd correct or add to it if necessary: boating activities;
swimming; fishing; picnicing; athletics (fields); nature
trails; member meetings; occasional/and^ incidental overnight
camping; others? ^
4. The annual joint use dock license has been issued for this
year and all recent years. There is no problem or question
here.
y 5. Swimming area: what type of safety piecautions, equipment
and/or supervision is provided?
/
ffV J.-
« <
('
r**' V ,
6. As discussed during the dock license review, the ordinance
does prohibit vault-type privys because of the general problem
with pump-out maintenance on the island. However, we have been
told that you do have a pump-truck come out over the ice every
two or three years. Please verify the last date this occurred,
and please be sure your pumper notifies the City of all future
pumping. With this care and attention continued, the conditional
use permit can be written to authorize continued use of the privy
indefinitely. It certainly is located and built correctly and
has been no problem to date.
7. Note that any construction project requires issuance of ap
propriate building permits by the City inspector.
8. Is there telephone service available during the summer?
The concern is that a phone be available for emergency calls,
especially considering the swimming beach, athletic fields and
the number of boats/persons present on the property at times of
peak use. -
9. What if any first aid supplies, fire extinguishers or
similar emergency equipment is available? ck.
10. Finally, what is the typical calendar of use each year?
Is there any winter use? When does seasonal usage begin? When
do scheduled activities normally occur, if any? (You can be
quite general here if need be; the purpose is to be able to
define your use in written form for the permit.)
Thank you for your assistance in this matter. I apologize for
the delay in getting this information out to you. On behalf of
Minnetonka Power Squadron
Kiv 25, 1983
page 3
1
CITY of ORONO
Pont Office Bo* 66* Crystal Bay. Minnesota 55323 * Municip;il Offices
A73-7357
On the North Shore of Lake Minnetonka
ORDINAN’CE NO. 246 RS SEASONAL RECREATIONAL ZONING
OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983
This notice is provided to the owner/taxpayer of record according to Ordinance #246,
Section 34.336. The following Record Lot classification will be considered accurate
and final unless you have some reason to dispute the facts used to make the classification.
Record Lot identification forms the basis for the granting of automatic lot area variances
that "Grandfather" existing properties of less than 5 acres in area.
RECORD LOT means all the contiguous or abutting land owned in common by the same perscn
or persons as of November 9, 1981, (the effective date of the island moratorium) or
at any time such common-ownership may occur thereafter, including one or more separately
platted lots or unplatted parcels of land, and/or one or more separately identified tax
parcels. Because of the unique circumstances and actual use patterns existing on the
islands, also included within the definition of a "Record Lot" is commonly-owned land
that is contiguous except for being separated only by platted unopened public right-of-way.
Minn°eton*?;a ^^ower Squadron
c/o Dr. Louis Scbricker
4829 Minnetonka Blvd.
ILinr.eapolis, MN 55416
APPROXIMATE SIZE 9.^ ACRES 4 CLASSIPICATIONj
(size is exclusive of any wetlands)
This RECORD LOT consists of
as follows:
/_ _ tax parcel(s)
M oocs
OVER 10 ACRES, (nijy be SUPDIVIDABLC)
"SP^OVER 5 ACRES, but LESS THAN 10 ACRES
(conformms but not SU3L3VIDABLE)
SUBSTANDARD/BUILDABLE (less than 5 acres;
a new seasonal cabin may be built, or an
existing seasonal cabin may be improved,
added-onto or replaced, subject to setbacks,
permits, etc., but without requiring further
City Council review)
UNBUILDABLE (means a vacant lot of less than
1/2 acre; may be used for recreational purposes
without a cabin, but requires a Council approved
variar.ee to be built on)
EXISTING USE CLAS3IFICATION
)C RECREATIONAL USE ONLY (without a cabin)
SEASONAL CABIN, used 180 days or less/year
(if your cabin is used more than 180 days/
year, please complete the YELLOW application)
Seasonal Cabin plus a PRIVATE GUEST CABIN
"pother CONDITIONAL USE . ^ , \n€xaeAjfo*/ AfU:^ 5^!? Cv
PLEASE VERIFY THE ACCURACY OF THE ABOVE INFORMATION. If there'is an error or a change,
please mark the correction and return this page to the City in the enclosed postage-
paid envelope. We want this permanent record to be correct.
IF YOU WISH TO CHALLENGE THE RECORD LOT DETERMINATION AND/OR THE CLASSIFICATION OF YOUR
PROPERTY, you must file a formal written appeal before July 1,1983 , or the record lot
will remain classified as above. Sign below and return along with a separate letter
stating the problem and facts supporting any change. Additional information may be
requested to verify any challenge such as surveys, utility bills, copies of recorded
deeds, etc.
ryy. _
TO:
FROM:
DATE:
SUBJECT t
Jeanne A. Mabusth, Zoning Administrator
Michael P. Gaffron, Septic System Inspector
April 23, 1983
Power Squadron toilet facilities, Big Island
Today I inspected the toilet facilities at the Power Squadron facility
on Big Island, and wish to make the following comments:
1. The existing system consists of a concrete vault-type structure located
130 feet horizontally from the nearest lakeshore and with the pit bottom
approximately 8 feet above the lake level. It appears to meet all
location requirements of the new Island Zoning Ordinance. No water is
plumbed into the facility. The superstructure consists of a wood frame
building with separate Men's and Women's sections.
2. Tom Rossini of the Power Squadron stated that he believes the floor of
the vault is cracked and some seepage is occurring as would occur in
a standard outhouse. He also stated, and other Squadron members present
confirmed, that the tank is pumped out every two or three years as
necessary by bringing a truck out over the ice to pump it. Mr. Rossini
stated that the vault system was installed some years back to meet
State standards for a rest area situation.
In my opinion, while the existing system appears to fall into a category
somewhere between a "permitted outhouse" and a "non-permitted seaied vault ,
it is adequately meeting the spirit and Intent of the law, if not the letter,
and does not appear tc constitute a health or pollution hazard as long as it
continues to be maintained as it has been in the past.
I will reiterate that the intent of the Code in "outlawing" vault outhouses
on the island is because maintenance, i.e. pumpouts on a regular basis, is not
generally feasible on the island. However, the Power Squadron has apparently
been able to provide proper maintenance in the past. Note that septic tank -
drainfield systems on the Island will also require pumpouts on an occasional
basis.
I recommend that the City inspect the facility yearly, and that the Power
Squadron be required to notify the City each time the tank is pumped out. As
for the requirement that vault outhouses be removed by January 1, 1988 (3A.370,
section (b)4 ), the Pity may want to consider allowing existing vault systems on an
individual basis, taking into account the maintenance record and potential of
pollution or health hazrds for each specific system and site, before making an
across-the-board ruling.
Minnetonka ^^Power Squadron
A UNIT or TH* UNlTtD «TATCS POmMm MUAOOOMO
June 17, 1983
Mr. Alan P. Olson
City Planner
City of Orono
PO Box 66
Crystal Bay, MN 55323
1
Re; Big Island Property - Record Lot #5
Dear Mr. Olsen:
I am A^riting on hi half of the Minnetonka Power Squadron in response
to your letter of May 25, 1983. For ease of reference I will number my
responses to correspond to the numbered paragraphs in that letter:
1. The tax parcel identification is correct.
2. Yes.
3. In addition to the items listed we sometimes have instructional and
safety courses for members and guests.
4. No response required.
5. The swimming area is roped off and marked by Coast Guard
approved buoys between two docks. While there is no formal life
guard in attendance, parents are expected to supervise their child
ren when swimming and benches are provided for their use. Boats
are not allowed in the swimming ^vea and swimming is not allowed
in the docking areas.
6. There seems to be some confusion here. We do not have a sealed
vault system. Although the pit has concrete sides, the bottom is
not solid and therefore pumping is not required.
7. Noted.
Mr, Alan P. Olson - 2 -June 17, 1983
8.We have telephone service during the stimmer months (474-3103).
In addition, several member boats are equipped with radio-tele -
phones.
9.Although the island equipment does not include fire extinguishers
and first aid supplies, these items are readily available on members'
boats.
10.A typical squadron year includes island activities during the months
of April through October. There are no scheduled activities during
the other months of the year. Enclosed are copies of our 1982 and
1983 calendars of events with scheduled island activities highlighted
for your reference.
Also enclosed is a copy of the 1983 Directory of the Minnetonka
Power Squadron. I invite your attention to pages 42, 43 and 44
which pertain directly to o\ir facility on Big Island.
Thank you for your assistance and cooperation. We believe that the goals
and desires of the Minnetonka Power Squadron are completely in agreement
with those of the City Council and Planning Commission with respect to the
present and ftitnro use and enjoyment of Big Island.
Robert W. Snook
Flag Lieutenant
RWSibar
Enclosures
2
IS
1
2.319
20
3
4
8
8
IS
20,23
29.30.31
30.31
3
19
3.4.5
4
4.5
13
24
3
21
MUMCTONKA POWER SQUADROW 1982 CALENDAR OF EVENTSMARCH
Extcutive COMlttM Mett1i»9 (19301
Instructor ()u«lIf(cation Class Starts
APRIL
Central Mattinf (1930)
District 10 Spring Conference • Madison, Wisconsin
Navigator Class Starts
Operations Training Class Starts
HAY
Hork Party - Big Island (09001
Public Boating Class Exwlnatlon
Executive Conlttee Meeting (1930)
Work Party • Big Island (0900 • Rain Date)
Fitting Out Party
Work Party - Big Island (0900 - Rain Date)
Spring Coveming Board Meeting - Washington, D.C
Sleep Out - Big Island
Pancake Breakfast - Big Island (0900)
JUNE
General Meeting (19301
lieu Nauber Recognition - Big Island
JULY
Sleep Out - Big Island
Sguadron Picnic • Big Island (Children's Day)
Pancake Breakfast - Big Island (0900)
Executive Conmlttee Meeting
Luau Party - Big Island
AUGUST
Executive Coaalttee Meeting
Rendezvous Party
24.5,4
5.6
9-12
13
13
13
13
13
2
5
16
23
23
4
5.6.7
15
22
7
II
1
6,7,8.9
13
15
17
17
24
5
7
14
14
14
MINNETONKA POWER SQUADRON 1982 CALENDAR OF EVENTSSEPTEMBERGeneral Meeting (1930)Sleep Out - Big Island
Pancake Breakfast - Big Island (09001
Fall Governing Board Meeting - San Antonio, Texas
Public Boating Class Starts
Ptlotlng/SeaMn Class Starts
Advanced Piloting Class Starts
Engine Maintenance Class Starts
Instructor Qualification Class Starts
OCTOBER
Fall Island Party - Big Island
Executive Coauilttee Meeting
Work Party - Big Island (0900)
Work Party - Big Island (0900 - Rain Date)
Lay Up Party
NOVEMBER
General Meeting (1930)
District 10 Fall Conference - Sturgeon Bay, Wisconsin
Dues Notice
PiR>11c Boating Class Examination
DECEMBER
Executive Conalttee Meeting (1930)
Children's Holiday Party
JANUARY 1982
Dues Past Due
National Annual Conference - Miami Beach, Florida
Annual Meeting and Election (1930)
Dues Deadline
Pllotlng/Seaman Class Starts
Advance Piloting Class Starts
JN - Class Starts
FEBRUARY 1962
Change of Watch
Public Boating Class Starts'
Weather Class Starts
Sail Class Starts
Marine Electronics Class Starts
NIMICTONKA POWER SQUAOROi . 1983 CALENDAR OF EVEMTS mWiETOIKA POWER SQUADRON 1983-4 CALENDAR OF EVENTS7
15.16
12 A 19
18
23
30
5
7
7
9
19-22
27-30
29.30
2
5-11
6
18
1-4
4
3.4
14
4
6
22 A 29
1
2-5
4.5
7-10
APRIL 1983General Meeting (1930-2200)
Wisconsinwew newber Orientation (Tuesday Nights)
Op^etlons Training Class Starts
u !l! - ■ Streater Cove (0900-1600)work Part/ - Streater Cove
MAY
Csecutive ConMilttee Meeting (1930)
Public Boating Class Examination
Penceke Breakfast - Streeter Cove (0900-1100)
JUNE
General Meeting (see TONKANAUTS)
Boating Week IQ Class Starts
New Necber Recognition - Streeter Cove
JULY
Sleep Out - Streeter Cove
Executive Coaiaittee Meeting *
AUGUST
Executive CoiMittee Meeting
SEPTEMBER
General Meeting (1930-2200)
Sleep Out . Big island
Pancake Breakfast - Big Island (0900-1100)
Fall Governing Board Meeting - Orlando, Ft
121212
12
12
12
6
22
29
3
4,5
12
1$
21
I
11-U
15
16
16
21
6
13
13
20
3
8
Public Bor ting Class Starts Piloting Class Starts Seamanship Class Starts
Advanced Piloting Class Starts
Engine Maintenance Class Starts
Instructor Qualification Class Starts
OCTOBER
Executive Committee Meeting
Work Party - Big Island (0900-1600)
Work Party - Big Island (0900 - Rain OaU)
NOVEMBER
General Meeting (1930-2200)
District 10 Fall Conference - Wisconsin
Lay Up Party
Dues Notice
Public Boating Class Examination
DECEMBER
Executive Committee Iteeting (1930)
JANUARY 1986
Dues Past Due
National Annual Conference - Miami Beach* Florida
Dues Deadline
Seamanship Class Starts
Piloting Class Starts
Annual Meeting and Election (1930)
FEBRUARY
Public Boating Class Starts
Weather Class Starts
AP Class Starts
Sail Class Starts
MARCH
Change of Watch
Executive Committee Meeting (1930)
Telephone 473*7357
CITY
OF
ORONO
CITY of ORONO
Post Office Box 66 •Crystal Bay, Minnesota 55323•Municipal Offices
On the North Shore of Lake Minnetonka
June 21, 1983
Mr. Robert Snook, Flag Lieutenant
Minnetonka Power Squadron
5628 Johnson Drive
Edina, Minnesota 55436
Re: Big Island Property - Record Lot #5
Dear Mr. Snook:
Thank you very much for your prompt and complete reply to my
May 25, 1983 letter.
I will now begin drafting the actual conditional use permit
for this property based on your information. As soon as I am
able to have this done, I will be sending you a draft for the
Power Squadron's review and agreement prior to the time that
I ask the City Council to approve it for recording.
• «
; ■
..CITY
f OF 1
bhONQV
CITYofORONa
Post Office Box 66*CrysUi Bay. Mmnesou 55323•Municipal Offices
On the North Shore of Lake Minnetonka
^ANCE no . 246 APPLICATION FOR CONDITIONAL USE PERMIT (6 VARIANCE)
0
SECTION lA lAlf;.!, TO AUTHORIZE PRINCIPAL DNELLLIG USE; waning any hou or
caSn th^ri. lied or occupied for 181 day. or move iTany one year; or any
dwelling regardless of the duration of use if you wish to claim a Minnesota
»nr4ne^Ll reLdence" homestead tax credit. If the property is not homestead,
■ .. lean than 180 day. (6 -«•'»)
is allowed the ordinance and you do not have ^pply
Note that even if you use the property a few days every month, it is the total
numberof days that count, not how these days miglit be spread throughout the year.
PLEASE NOTE. The following information is requested infor-
ately and to speed up the review as much as possible. Please attach other infor
maticn or explLatlons which might be helpful, especially » ®^*"®
survey and a sketch of your septic system. You might also be asked to s pp y
Other information during the course of the review.
(before July, 1, 1983). Record Lot No. *2?"Application Date
F.. 0»n.r(,) /jO--T.l.phon. Numb.r,
M.<Hn. 'S>-///i^/'M.lnI.nd
Address island '-^6
Applicant's Name (if different)and Telephone
Mall Address
grief statement as to why this permit should be approved:
: Other
Z' /7, : /_ _ _ _ _
(Z y
1. Ownership is by: Fee (Deed) :Contract for Deed^- - - -
2* Date Property was Purchased: ^^^ Is deed/contract recorded. Yes
"Z acres.3. Approx. Property Size: ^ 0 _ _ _ft. wide X I -Jft. deep; or —
A, Is this your only residence? ^ yes no. If not, what is the address
..of your other residence (s)? - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -
5, Have you filed for a "Homestead” property tax ^edlt on this property^^Yes
If yes, what is the first year you so filed? y
QUESTIONS CONTINUE ON BACK
BUILOINC A ZONLNC - 473-7357
A.WSSINP.
ADMINISTRATION A FINANCE - 47 3-735S PUBLIC WORKS - 473-7359
RECORD LOT NO.
?^lS°formNCIPAL DWELLING CONDITIONAL USE PERMIT PAGE -2- -
Yes
X£ SO wnctcA _ _ ___ _ _
7. How «ny person, reside here as their principal residence (on the average)
8. HOW many days per year is the property occupied!
(b) Part et - - - -day. («i»e exanple of date.
or
(c) Off and on throughout the year, totalling
used last year) _ _ _ ___ _ _ _ __———- - - -
lildings are on tne property - - - - - -- - -^- - - - - - - - - -
<u
a. i. » vear^’ 6^1!^ was added onto in what year (s)?10. Dwelling was built when (approx, year) renodeled in what yearP_ _
11 Approx, dwelling sire (floor area) Ist^ft. X VLj'-'j orV£0_sq. ft.;
U^rh^ many b.droons!_2^“d JSTJle.p up to _^ersons.
12. Dwelling construction is frane (wood) ^—; or what other material!
A permanent foundation Is required. What exists now? basement
soace >< : open floor with piers- - - - -; other- - - - - --- --
What is type and amount of insulation in: walls; v, /(.^^-^
celling/roof I J i-’ ^
: crawl
ioraTfuLi:“"*:!:!“aJ: snti”^i ':i:rs?™i(,)_^
other
I^nLlfthlnglerX^"^ T^iLrLnrwo^.^!!!!^ TrlVted wood- - - -^
13. Plumbing and Septic systems will be required by or before Jan. 1. 1983. What
exists now?
No. of toilets ^ : bathroom sinks _/_ _: tub or shower - -/
kitchen sink_^ : other
(b)
(c)
No. of septic tank (s) / and size in gallons .j^and
Amount of drainfield: No. of lines ^ ; length-
total Sq. footagefA a d
Location of Se^c tanks/drainf ield on lot (direction from house):
Date of
and name
septic system <nstallatlon/last repair fT CP
of contractorana name ot tum,A<av.i,wA ^ j—
14. Vjat type of d^stlc
(b) well: depth Inches: flow rate
pump type: elec.>^ ; gasoline
year drilled
other:
by (contractor's name)
^ •mcAct? rnMTTvmr OM PAHF
ORDLNANCE NO. 246 PFRMTTAPPLICATION FOR PRINCIPAL DWELLING CONDITIONAL USE PERMIT
RECORD LOT NO.
PAGE -3-
15 Basic flra/Ilfa prot.ctlon will b. required by Jan. 1. 1985. What «rt«a
nw ind how many? Smoke detector(s) __ _ _ _i Portable fire eatlngulsher(a)
size lAlOBC or larger 2^ other—
16. What additional fire extinguishing equipment is available now (some type is
required by Jan. 1* 1988)?
(a)
(b)
(c)
Automatic sprinkler system
Hoseline connected to well_
Alarm system_ _ _ _ _ _ _ _ _
^ _ _ _^or to lake pump
(d) Other
17.Is your house visible from the lake? Yes_^|^^^—No__^—* 4-wheel
drive emergency vehicle reach your house from the lake. Yes-^No- -
18.
other such measures.
19.How do you disppse-nof garbage^and otbSr wastes (burying
prohibited); C • J -----------
or burning is
SllliSIlSSi
July 1, 1983.
Owner's Signature
/•
Applicant's Signature V
Date
Date
/
i
Telephone 473-7357
CITY of ORONO
Post Office Box 66»CrysUl Bay. Minnesota 55323* Municipal OfTice*
CITY
OF
ORONO
On the North Shore of Lake Minnetonka
May 13, 1983
^"1 '
Mr. Jean A. Deggendorf
Box 334
Excelsior, Minnesota 5533A
Jp' ^-2
Re: Big Island Lot #62
Dear Mr. Deggendorf;
Enclosed is information regarding the island zoning ordinance
adopted last December and how that ordinance may affect your
property.
I recommend that you consider completing and
Resolution (Form 12) which will ensure ‘hat you receive the
"grandfather” benefits of the ordinance designed to protect building
rights on those lots with existing cabins.
I have also enclosed two yellow conditional use permit application
forms (#4-1 & #4-2). These need to be rnmpirrnn in I M
wish and/or use of your property
?^irpe?mits:^?ierwnrL"^rv!e^e:rbyJL'^°pL;^inr^
and City Council. Final approval of th-nr °
is necessary to prepare that resolution.
I apologize for the delay in geVting this information to you. Y
will note that the ordinance and attached forms include a ^ ^ '
1983 deadline for your response.! I would appreciate
by that date, but because this ndtice was delayed, we will
the actual deadline to September IL. 1983.
Thank you for your cooperation
Olson
City Planner
APO/ams
REQUEST FOR COUNCIL ACTION
C0UMC...I ___
MAR 2 8 1994
cmroFORONo
~i
DATE: March 24, 1994
ITEM NO ■■■1
Department Approval: Administrator Reviewed:
Name Michael P. Gaffton IfUfit
Title Assistant Planning & Zoning Adrainistraior
Agenda Section:
Zoning
Item Description: Bluff Issues - Request to DNR
List of Exhibits
A - Proposed Letter to DNR
B - Five Sketches Defining Bluff Issues
C - "Bluff" Sections of Shoreland Ordinance
D - DNR Letter 2-18-94
Administering the bluff protection regulations of the Shoreland Ordinance is proving to
be challenging. Over the winter, staff took a closer look at the actual languap which DNR
drafted and which we adopted as they required. We have had numerous discussions with DNR
staff in the last two months regarding the intent of their rules as well as applying their definitions
to real life situations.
In implementing the bluff protection regulations as currently written, staff has found that
the current definition of "top of blufr can result in structural setbacks that are much greater than
needed for the protection of the bluff. This can have a substantial impact on the buildability of
a lot. In response to concerns raised by staff, the DNR has suggested using a "common sense
definition of "top of blufr vs. the "technical" definition currently in the regulations (see sketches
2 and 3). But the "common sense" location often varies with the eye of the beholder, and may
not be defensible if an applicant disagrees with the inspector’s determination.
The attached draft letter to DNR addresses the specific issue of defining "top of bluff".
Preliminary indications are that they will accept our revised definition. We think this will allow
a consistent and fair determination of the point from which to measure the 30’ structural setback
from "top of bluff".
It is not unreasonable to protect our bluffs, as we learned from the amount of damage
caused by the 1987 super-storm. However, one additional potential issue not addressed in the
attached letter is how to deal with additions to existing strucmres that currently don’t meet bluff
protection requirements. Staff is considering how these might be addressed through performance
standards rather than the variance procedure, and will advise Council when we formulate
something we think might be workable.
Unless Council directs otherwise, staff will forward the attached letter to DNR and await
their response.
March 22, 1994
Ceil Strauss
Minnesota Department of Natural Resources
Metro Waters
1200 Warner Road
St. Paul, MN 55106
RE: Bluff Defmition
Dear Ms. Strauss:
We have reviewed your alternative version (or "common sense" version) of the toe and top of
bluff definitions which you forwarded in your February 18, 1994 letter. While the "common
sense" definitions may have their place, we doubt they are defensible in court if a resident was
to disagree with the inspector’s determination.
Further, because the "top of bluff" is a critical element in determining a line from which to
measure a setback, that line must be so defined such that anyone armed with a topographic
survey will consistently define the same line as anyone else with the same information.
The technical definition for "top of bluff" solves these problems, but creates another. While the
intent of the code suggested by your common sense definition places "top of the bluff" at the
obvious break in slope where a steep drop-off occurs, the technical definition for that same
situation defines "top of bluff" at a point nearly 50’ back from the obvious break. Adding the
required 30’ setback, a structure could be as much as 75-80’ back from the obvious top, clearly
not the DNR’s intent (wish, perhaps, but not intent!).
The definitions of "toe" and "top" do not necessarily have to use complementary definitions,
since they are defined for two different purposes. "Toe of the bluff" is used merely to
determine whether a bluff exists. "Top of the blufP is used solely to determine the point from
which setbacks are measured. Clearly, the definition of "top of bluff" has a greater concern to
the homeowner. Additionally, the impacts we are concerned about are generally within or just
above the bluff, not so much at the base (where the results of protection or non-protection of the
bluff eventually manifest themselves).
il'i
^ L;
' ,ili ib
- L-J li
cr?
I
ljCeil Strauss
March 22, 1994
Page 2
Proposed Redefinition of "Too of Bluff*
The following facts and premises seem critical to us in the discussion of bluffs:
• "Steep slopes" are those exceeding 12%.
• DNR has chosen 30% as the slope that defines a bluff.
• DNR has chosen a 50’ segment of slope less than 18% as not being part of a
bluff, and has used slopes of 18% or more for 50’ segments that define the lower
and upper points of a bluff.
• Clearly, DNR feels that 18% is a key slope percentage, above which we should
be concerned about the impacts of very steep slopes, as opposed to those steep
slopes of 12-18% which are of somewhat lesser concern.
We propose to redefine the "top of blufr as "that point on the cross-section of a bluff below
which the slope becomes more than 18% and above which the average slope for a distance of
50’ or more is 18% or less". This 18% "breakpoint" can be easily defined using standard 2’
contour topographic maps which the City has readily available. Actual field topographic survey
work by an applicant’s licensed surveyor would also be accepted.
The intent of having slope average 18% or less for distance of 50 is consistent with the
exception for buildable area in a mid-bluff setting already in the DNR regulations.
While the proposed definition may ultimately be found to have its flaws, we feel that it meets
the DNR’s intent for bluff protection, results in a more consistent and reproducible *^top of
blufr determination, and yields a quantifiable facsimile of the "cormnon sense" definition.
We would appreciate if you could give this definition your consideration, and advise us if you
find it acceptable so that we can add this to our list of Shorelaiid Ordinance revisions which I
anticipate will be acted on sometime this year.
As always, please contact me at 473-7357 if you have questions.
Sincerely,
Michael P. Gaffron
Assistant Planning & Zoning Administrator
MPG/lsv
cc: Jeanne A. Mabusth, Building & Zoning Administrator
Ron Moorse, City Administrator
\t«II
uhc€
H-Definition
TO
2 "Bluff" - A topographic feature such as a hillr
,* v.v-tns “the following characteristics (an ares
more shall not be considered part of the bluffj*
A, . Part or all of the feature is located in a
shoreland area;
B. The slope rises at least 2S' above the
Ordinary High Water Level of the water body 7
C The grade of the slope from the toe of the
bluff to a point 25 “ or more above the Ordinary Hijh Water level
averages 30% or greater; and
De The slope must drain toward the water
bodye
■Toe of the bluff aeana uhe P»Vk\tiu%|2;rar.*t"hVh‘i1h55
;ri“nTo*f ’a^°S^0? '.J^%*nt^“w"ith Vn ^lope
3. "Bluff Impact ^Zone" - A bluff and land located
within 20' from the top of a bluff.
Shoreland Overxay Dxsrrict scanaai«» for the various zoning inS^n?;r “ln‘raae*%T=otf lfcrt%% aosl%%»tri=tive prov
applies.
follows:
2. Additional structure setbacks. The
following additional- structure setbacks apply, regardless of tne
classification of the water body;
Setback from;
— Top of bliiff
Setback (in feet)
3^
3. Bluff impact zones. Structures*' and
^•asory facilities, except stairways, landings, and locJc boxes,
^ttst not be placed within bluff impact zc^es.
G. steep Slopes. Any applicant requesting a
permit for cdSslruction of sewage treatment systems, roads,
driveways, structures, or other improvements on steep slopes, snail .
provide adequate information to allow the City to evaluate possible
soil erosion impacts and development of visibility from publ c
waters before such permit may be issued. When determined
necessary, conditions shall be attached to issued permits to
prevent erosion and preserve existing vegetation screening of
structures, vehicles, and other facilities as viewed from the
surface of piiblic waters, assuming summer, leaf**on vegetation.
1. Vegetation Alterations. .
2. Intensive vegetation clearing within 75
feet of the shoreline and on steep slopes4rithin the Shoreland
Overlay District is prohibited. Limited clearing of shrubs and
trees less than 6 inches in diameter and cutting, pruning and
trimming of trees of any size is allowed to provide a view to the
water from the principal dwelling site and to accomodate the
placement of permitted stairways and landings, picnic areas, access
paths, beach and watercraft access areas, and permitted lock boxes,
provided that the screening of structures, vehicles or other
facilities as viewed from the water, assuming summer, leaf~on
conditions, is not substantially reduced.
J. Topographic Alterations/Grading and Filling.
5. The following considerations and
conditions must be adhered to during the issuance of construction
permits, grading and filling permits, conditional use permits,
variances and subdivision approvals:
g. Plans to place fill or excavated
material on steep slopes must be reviewed by the City Engineer for
continued slope stability and must not create finished slopes of
30% or greater;
h. Fill or excavated material must not
be placed in bluff impact zones;
N. Agricultural Use Standards.
1 When permitted in the underlying zoning
district, general cultivation farming, grazing,
horticulture, truck farming, and "‘1^ «ceUHhlt “no iuc^allowed in the Shoreland Overlay District excep^^
activity shall occur within the shore setback
slopes or bluff impact zones. Steep sl^es, ^
blSf impact zones shall be maintained in permanent vegetation.
stamdardsi
2.Animal feedlots must meet the following
a. New feedlots, if permitted, must not
be located in the shoreland of watercourses or in bluff impact
zones and must meet a minimum setback of 30 0 feet from the Ordinary
High water Level of all public waters basins? and
b. Modifications or expansions to
existing feedlots that are located within 300 feet of the Ordinary
High Water Level or within a bluff impact zone are allowed if they
do not further encroach into the existing Ordinary High Water Level
setback or encroach on bluff impact zones.
Subd^lT^IJox^ggforg^tlf^ All legally established
onconformTTTes^rs'^oTcn^cat^ol^this ordxnance nay continue
subject to appliczdsle State Statutes and ar regulated elsewhere in
the Orono Mtinicipal Code. In shoreland areas, the following
standards shall also apply?
B. Additions/Expansions to Nonconforming
Structures. All additions or expansions to the outside dimensions
of an existing nonconforming structure must meet the setback,
height, and other reqxiirements set forth in the Orono Zoning Code.
Any deviation from these requirements must be authorized by a
variance pursuant to provisions of the zoning chapter.
Subd. 18. Subdivision/Platting Prgvj^io^.
C. Information Requirements. Sufficient
information must be submitted by the applicant for the City to make
a determination of land suitability. In addition to information
required by other provisions of the Zoning and Platting Codes, the.
following information shall also be submitted:
6. A line or contour representing the
Ordinary High Water Level, the toe and the top of bluffs, and the
minimum building setback distances from the top of the bluff and
the lake or streeun.
^NENO.
STATI OF
f^EPARTME^ OF NATURAL RESOLES
SrrRO WATERS - 1200 WARNER ROAD, ST.
772-7910 Ir-!'^ ^.-5>iiv\.“7 U!
Ms
♦ t W
February 18, 1994 FEB Z 3 1S94
Ms. Jeanne Mabusth
City of Orono
P.O. Box 66
Crystal Bay, Minnesota 55323
RE: BLUFF DEFINITION, CITY OF ORONO, HENNEPIN COUNTY
Dear Ms. Mabusth:
After discussion -^ith Bruce, of your office, we
had not incorporated the alternative version (or coMon «®jse
version) of ^e toe and top of bluff definitions
ordinance I am enclosing alternative language that the DNR
Division of Waters developed after the field staff (including me)
complained of problems with administering the original definition.
I recommend that this alternative language be added to your list of
housekeeping and clarification amendments.
Please contact me at 772-7910 should you have further questions
regarding this matter.
Sincerely,
Ceil Strauss
Area Hydrologist
Enclosure
AN EQUAL OPPORTUNITY EMPLOYER
-Top of Bluff" and "Toe of Bluff
DEFINITIONS
May 15. 1991
The Land Use Conmittee 1n Its May 15, 1991. dtscussed and agreed on the
following definitions drafted by the shoreland management staff.
1.Tnn nf Rluff "Too of the bluff" means the point on a bluff where
Serfif ar^uially SbserJed. a clearly identifiable break in the slope, there is, as visual ly ouse Jhnye. if no break in the slope is apparent,
the*"top^of bluf/shall be determined to be the upper end ®
segment, measured on the ground, with an average slope exceeding 1
percent.
2.▼ £ *kA nf bluff* means the point on a bluff where
as visually observed, a clearly identifiable break in the slope,
-Issegm^nl measlired on the ground, with an average slope exceeding 18
percent.
REQUEST FOR COUNCIL ACTION
CO(JNCilK££i]i\;G
mar 2 8 1994
^•IVOfOROIIIODATE: March 23, 1994
ITEM NO:
Department Approval:Administrator Reviewed:Agenda Section:
Name Ron Moorse Administrator’s
Title City Administrator Report
Item Description:
Funding of Summer Recreation Program
Background
The School District Community Education Department has proposed a change in the funding of
the school district’s summer recreation program. The program has been provided free of charge
to the participants through subsidies from both the communities and the school district. The
school district has subsidized the program through excess fees generated by other programs.
The school district now wants to eliminate the use of excess fees to subsidize the summer
recreation program. The school district has proposed two funding options.
1.
2.
The cities double their contribution to the program. This would increase the
city ’s contribution from $2,700 to approximately $5,400.
The cities continue to subsidize one-half of the cost of the program and the
participants in the summer recreation program are charged a fee of $10 to $15 to
cover the remaining cost of the program.
User Fees
For the past 10 to 15 years cities and other governmental jurisdictions have been moving toward
the use of user fees to enable the costs of a program or service to be paid by those who directly
benefit. The use of user fees also helps to make clear the cost of the program so that potential
users or customers can determine whether the benefits are worth the cost when deciding whether
to participate in a program or purchase a service.
The disadvantage of user fees is the potential for restricting participation by those who can not
afford the program or service. This can be addressed by setting fees at a level which enables
the generation of excess revenue to subsidize the fees of low income participants.
It is not uncommon for a program such as the summer recreation program to be funded by
participant fees. It is staffs recommendation that the funding of this program move in this
direction. However, we may want to phase in the fees over a several year period. Staff has
suggested to the school district that one option for funding would be to divide the funding into
Funding of Summer Recreation Program Memo
page 2 of 2
three sources:
A.
B.
A $3.CX)-5.00 participant fee.
The School District provide a subsidy of approxunately 17% versus the current
50%. __ cf\&Yjig City provide 3 subsidy of approximately 67% versus the current 50%.
The School District indicated the only revenue available for the School District subsidy would
be excess revenue from other programs. The Community Education Advisory CouiKil h^
deteimined that it wouid be unfair to the other program participants to pay a fee to subsidize the
cT-nuT recreauon program. For this reason the School District is not agreeable to continue any
level of subsidy.
If the summer recreation program is to be funded without participation by the School District,
it is staffs recommendation that the subsidy provided by the Cities be increased from 50% to
66% and that a fee be charged for the remainder of the costs. This alternative would increaa
the City of Orono’s contribution from approximately $2,700 to approximately $4,000. It would
also result in a user fee of approximately $5.00 - $8.00 per participant. This recommendation
would include a provision that the School District’s overall Community Educauon program fw
structure be sufficient to provide financial assistance to those who would otherwise be unable
to participate due to income constraints.
COUNCIL ACTION REQUESTED:
Motion to indicate the City’s preference for funding the 1994 summer recreation program.
COUNCIL MEEnNG
REQUEST FOR COUNCIL ACTION ^ 8 ^^54
DATE: 3/fifiy
ITEM NO.:
;
Department Approval:
Name John R. Geihardson
Title Public Works Director
Administrator Reviewed:Agenda Section:
Public Works
Itfm Description: Temporary Employees - Golf Course
Each year it is necessary to employ temporary employees at the Orono Golf Course. ”^e
following employees worked at the Golf Course last year and have shown an interest in working
again this year:
Forest Jostrom, counter helper, $5.65 per hour, effective April 2, 1994
William McIntyre, counter helper, $5.65 per hour, effective April 2, 1994
John Ross, counter helper, $5.65 per hour, effective April 2, 1994
Don Oas, starter, $6.06 per hour, effective April 2, 1994
Doug Erickson, groundskeeper helper, $6.35 per hour, effective April 2, 1994.
We will be advertising for positions that are not being filled at this time.
The above positions are for a six montli period from the actual employment start date. The
actual date of employment may be after April 2, 1994.
It is recommended to employ the above persons at their respective hourly rates.
COUNCIL ACTION REQUESTED:
REQUEST FOR COUNCIL ACTION
COUNCIL MEETING
MAR ? 8 1994
cmroFORONO
DATE: March 25, 1994
ITEM NO.: ^
Department Approval:
Name John Geihardson
Title Public Works Director
Administrator Reviewed:Agenda Section:
City Administrator’s Report
Item Description: Contracnial Maintenance - City Parks
For the past several years the City of Orono has employed temporary helpers to perform
maintenance at the City Parks, beaches, fishing piers and government buildings and grounds.
The type of people hired for this type of work is usually high school and or college
students that have time available during the summer.
The ideal situation would be to employ people that are willing to remm for a few years
thereby reducmg the amount of training time each year.
This has not happened over tlie pas* few years and we are employing different people
each year.
Last year was difficult because after placing an ad I did not receive any qualified
applicants aiid had to call other municipalities to hire p>eople that they did not hire.
I have talki:d with other municipalities about this and have found that they are now or
are going to contract out the maintenance of their parks.
One community that is very close did contract out the maintenance and was very pleased
with the results and are going to do the same for 1994.
For the above reasons I have received proposals from five firms as follows:
Grounds Crews
Warden Lawn Services
Lav/n Detailers
Steve Hammerschmidt
Lasting Impressions
$13,829.72
14.175.00
14,803.50
17.892.00
30,027.68
In the Parks budget we have budgeted $10,770. for temporary help for Park maintenance.
There are monies budgeted in government buildings for maintenance of the grounds but it is not
separated out from tlie total monies budgeted for all maintenance. A guesstimate is $2,000. for
lawn maintenance.
Contractual Maintenance - City Parks
page 2 2
In addition to the amounts budgeted for temporary helpers, there arc also monies for fuel
lubricants and equipment maintenance that will not be spent if the service is contracted out.
Therefore it is my recommendation to contract out the City’s Park maintenance to
Grounds Crews for the 1994 season.
COUNCIL ACTION REQUIRED:
Motion to accept the proposal of Grounds Crews in the amount of $13,829.72 for
maintenance of the City’s Parks and government buildings and grounds for the 1994 season.
■ i
COUNCIL MEETliiG
REQUEST FOR COUNCIL ACTION MAR 2 8 1994
DATE: MVOFOMNO
ITEM NO: ^//
Department Approval:
Name Ron Moorse
Title City Administrator
Administrator Reviewed:
Item Descri|rtion:
Liquor Violation Hearing Process
Agenda Section:
Administrator ’s
Report
At its March 14 meeting the Council directed suff to provide additional information rega.-ding
the liquor violation hearing process and the length of notice required for the hearing so that the
Council could select a date for the hearing.
The liquor license ordinance requires that the Council revoke a liquor license upon conviction
of the licensee for willful violation of any law relating to the sale or possession of liquor. The
Council may suspend rather than revoke the license if the violation is found not to be willful.
The ordinance requires that the Council may not take any action against the license holder until
the licensee has been afforded an opportunity for a hearing before the Council. Because each
of the clerks from the three establishments has pleaded guilty to the liquor law violation, there
is not a need to address the issue of whether a violation occurred.
As part of tl - hearing process the Council will need to make a determination regarding whether
the violations were willful. To do this the Council may make inquiries to obtain information
such as the following: an explanation of how the violation occurred, whether there were
procedures in place to prevent the violation, and what actions the licensee has taken to ensure
the violation will not be repeated.
There are three establishments in Orono that have been found to have violated State liquor laws.
The hearings for each licensee could be held consecutively at one meeting of the Council. The
ordinance requires a notice of the hearing to the licensees of not less than 15 days and not more
than 30 days. The Council could schedule the hearing prior to a Council meeting or as a special
meeting. The City Attorney will be prepared to provide additional information and answer
questions regarding the hearing process at the Council meeting.
COUNCIL ACTION REQUESTED:
Motion to set a date and time for the liquor violation hearings.
REQUEST FOR COUNCIL ACTION
DATE: 3/24/94
fOWCJL MEETING
MAfi ? a 1994
^OFOBOno
ITEM NO.:
DepartiiKiit Approval:
Nshm John R. Geihardson
Title Public Works Director
Administrator Reviewed:Agenda Section:
Public Works
Item Dcsoription: Road Closure/Vacating Prospect Avenue
At the March 14, 1994 Council meeting, the Park Commission recommeixled vacating that part
of Prosect Avenue from Brown Road South to Arbor Street. This would allow for park use of
the property formerly used as the City facility and would not have a road through the center of
the park.
Council directed staff to report back at the March 28th meeting with the process for vacating
that part of Prospect Avenue.
It has been determined that if the road is to be vacated, a public hearing is required. If the
Council wishes to just close the road by removing the bituminous and planting grass, that can
be done by a Council action.
Because either the vacation or the closure will affect the residents in tl^ area, either option
should include a process to provide the residents with an opportunity to ask questions and
comment on the proposal.
If the Council chooses to use the vacation process, the issue should be referred to the Planning
Commission. If the Council chooses to close the road without the vacation, staff recommends
an information meeting be held to receive input from the residents of the area.
Staff recommends a closing of the road by Council action rather than vacating, because it would
save the expense and effort of recording the vacation of the right-of-way.
COUNCIL ACTION REQUESTED:
Motion to indicate the Council’s preference regarding the process to be used to close/vacate
Prospect Avenue.
COUNCIL MEEnNG
REQUEST FOR COUNCIL ACTION
MAR 2 8 1994
CnVOFORONO
DATE: March 23. 1994
ITEM NO: /
Department A|^oval:
Name Tom Kuetin
Title Finance Director
roval:AdministratcNr ReTiewed:Agenda Seetkm:
Administrator's
Report
Rem Description:
Salary Adjustment - Officer Larry Tomcheck
As of April 7, 1994, Officer Larry Tomcheck will have completed 8 years of service with the
City of Orono. Under the 1994 LF-I.S contract, currently in effect, he is eligible for a salary
increase from $19,390 per hour to $19,767 per hour. It is recommended that Officer
Tomcheck ’s salary be increased to $19,767 per hour as of April 7, 1994.
COUNCIL ACTION REQUESTED:
Proposed Motion - Moved by_, seconded by_, to increase Officer Larry Tomcheck ’s salary
from $19,390 per hour to $19,767 per hour as of April 7, 1994, as per the 1994 LELS contract
currently in effect. Ayes_, nays_.
REQUEST FOR COUNCIL ACTION
f
ilwij
MAR 2 8 1994
Department Approval:
NaaM Dorothy Hallin
Title City Clerk
CITYOFORONO
DATE: March 22. 1994
ITEM NOfO: /if
Administrator Reriewed:Agenda Section:
Administrator ’s
Report
Item Description:
Microfilming of City Records
The city started microfilming records in 1983 and during that lime we have contracted with
approximately three different companies to provide this service. Because staff found the quality
of the microfilm was not acceptable it has been approximately one and a half years since any
records have been microfilmed.
After receiving quotes from five companies staff has determined the best solution would be to
have the State Micrographics Unit do the microfilming. Mike Bodem of the State Micrographics
Unit came to the office, looked at the amoum of records that need to be filmed and gave an
estimated cost as follows:
«
Zoning Files
Approximately 8 file cabinet drawers with an estimated 6,000 images in each drawer for
an estimated total of 48,000 images for a total estimated cost of $3,831.82.
House Plans
Approximately 7 boxes, with 150 plans in each box for an estimated total of 1,050
images for a total estimated cost of $672.63.
Council, Planning and Parks Packets
Approximately 7 boxes with 4,500 images in each box for an estimated total of 31,500
images for a total estimated cost of $2,526.74.
These costs will include the original film, the duplicate set, and Minnesota Historical Society
testing for those records which have historical value. There is no fee for pick up and delivery.
The State Micrographics Unit also does microfilming for the following cities: Bloomington,
Burnsville, Fridley, Mounds View, Plymouth and Spring Park will be starting on their records
retention schedule and micro filming during 1994.
It is staffs plan to concentrate on the zoning files and house plans first. Then work on the
Council. Planning and Parks packets from 1993. Once the back-log has been completed staff
will do the microfilming as needed. This will eliminate the large volume we have at the present
time.
Microfilniilig of City Records
page 2 of 2
I ill H L*.
COUNCIL ACTION REQUESTED:
Motion to approve the acceptance of the proposal from the State Micrographics Unit to perform
the microfilming of the City’s records.
REQUEST FOR COUNCIL ACTION
DATE:
COUNCILMEETING
mar 2 8 1994
dTYOFOROriO
March 25. 1994
ITEM NO:
Department Approval:
NaaM Dorothy Hallin
Title City Clerk
Administrator Reviewed:
Item Descriptkm:
List of Licenses for Council Approval
Agenda Section:
Licenses
Septic System Installer Volkenant Inc.
Maple Plain, MN
Residential Kennel License Anthony J. Faras
975 Tonkawa Road
COUNCIL ACTION REQUESTED:
Motion to approve licenses.
CITY of ORONO
SEPTIC SYSTEM INSTALLER-
,,, LICKISI APPLICATION(612) 473-7357
Post Office Box 66
Crystal Bay» MN 55323
All questions must be Vtt«hil.“'All
t^|riraricnrlrrs'4%%%°to”/«n"(JS) day approval period.
1.
2.
3.
4.
5.
6.
7.
Volkenant IncBusiness or trade name _
1030 Co Rd 83 Maple Plain Mn 55359 Business address * - - --- - - -- - - - - - --- - - - - - -
Business phone _ _ _ Residence phone - - - - - - - - - -
sane of applicant or company representative holding MPCA
X Installer X Pumper
12-31-95Type of certification held: _
Certificate expiration date _
Have you ever held a Septic System Installer license in
Orono before? YilS Most recent year -----2i-
Have you ever had a license revoked?
Where? - - - - - - - - ----- - - - - --- - - -
No When?
8. Do you do Municipal Sewer hook-ups? Yes
9. Do you pump out septic tanks? Yes —X—
CI7T OF DRC^Q
SUBMITTALS REQUIRED:
V/^1. $50.00 License application fee. t
S2000 00 license and permit bond naming City wi.
Lligee. The State Plumbers Bond will
V $50-100-300,000 minimum Certificate of ^sur^^e.^^^^n;'-
77^ 4. Copy of current MPCA Certificate.
bf Orona^..id ^
LICENSES HILL NOT BE PROCESSED UNTIL ALL ITQtS ARE SUBMITTED
List persons other than applicant who are authorized by you to apply
for permits under your license
The undersigned hereby makes application ^^^^c^fystems,
Minnesota, for a license to install of
and/or pump out septic tanks, subject to the laws or y
Minnesota and the Ordinances of the Cit
Date 3-6-94 Applicant's Signature
to the laws of the sta
ty^f yOrono. /hUr
CITY
USE
ONLY
Staff recommendation Approval^
Reason for denial: _ _ _ _ _ _ __
City Council Action Date ______
Date license mailed _
Denial Date
Approved
jCSSniEL LICENSE APPLICATION
Effective January 1, 19 «== Dece.tfcer 31, 19,
Owner
Prooer-ty Address; . ,
(Include city and zxpi
Mailing Address (if different);
Phone: (home) 0
^nsx
(work)
RESIDENTIAL Kennel License Information; $25.00
(payment must accompany application]
Maxlmon No. of dogs to time!_2
Principal Breed
Purpose for more thi 1/
Dogs normally kept: J^lnside --------^kennel struotore •nc"
1
nh SRCIAL Kennel License Information; $150.00
(payment must accompany application]
Name of Business __________________—---------
__ ClVt OF OR0}^d
Fl^^i^CE OFFICE
1313500000
01 COi
1313000000
„0:..CEH 22.
CHECK TL 47.
—‘RECEIPT-iHi^ YOi
02/
^7420 cool ROi T.
:*“oIrdin|;' breeding, veterrnar, care, retaxi, .1“)
Normal Business Hours;,_________________________________—------
After Hours Contact; (name)
(phone)
Dog runs/exercise areas are:inside ____^outside ___both
The undersigned hereby makes TA/V/'A, /d
Snd«s\"gneracknowl^ges ttat^.^^
!n“erse"tpprt7al"“a”d" aV«y Vth« refsonab/e his., during the
licence approva’
________
Hisifeislii^by _ D^Cr ___Date
Recommends Approval_/— Denial,- - --
REQUEST FOR COUNCIL ACTION
DATE: March 23, 199A
ITEM NO:
Adminlstrstor Reviewed:Department Approval:
Nanc Goman
Title Community Service Officer
Agenda Section:
Item Description:
Kennel License
Exhibits:
DISCUSSION Orono Police rece’-^ed an anonymous phone call in May, 1993,
explaining the owner of 475 Tonkawa Road has three dogs without licenses
or kennel license, and allows the dogs to run at large. Contact was made
with Mr. Faras, advising him of the complaint and requesting him to obtain
kennel license.
In February, 1994, a call was received from a next door neighbor.
Apparently a golden retreiver belonging to Mr. Faras was in her yard
fighting with her dog, an on-going problem. It was also indicated that the
Faras dogs may not be licensed.
C.S.O. checked city records and found the dogs not yet licensed,
nor was kennel license applied for yet. Mr. Faras was advised to obtain
license for each dog and a kennel license.
Inspection was conducted on March 15, 1994. Mr. Faras indicated
he has been working with both neighbors in regard to the invisible fences,
to see if something could be worked out for his dogs.
COUNCIL ACTION REQUESTED
Issue kennel license to Mr. Faras with recommendation that he
confine the dogs by putting up some type of fencing on his own property
to keep his dogs home without relying on the neighbors invisible fences
by utilizing:
1. Invisible Fence
Chain Link Fence
Kennel Run
Guide Wire with leashing for dog(s) when outside.
2.
3.
4.
forat/councll.act
vLmmi
03/13/94 PR: 205
Ci PRREGOR
EMP « NAME
471688060
474563339
476921819
471840871
475443862
472503991
469526026
475989721
468821018
472529007
468701868
507585424
469686562
468420832
469087884
474667812
475380151
477500666
475444249
477463877
471569863
477647279
475604753
476020397
504260307
472500574
121262417
480843542
477700023
334506281
468909535
476783251
470700901
469848107
475382983
473746173
470566529
469629194
475569177
267460042
472563051
474663296
470704904
175505292
468629488
477881539
ANDERSON. BRUCE L
BOBZIEN. SUE A
BORIS. SCOTT W
BOSMA. JAMIE L
6RINKHAUS. JOHN F
CHESWICK. GARY B
CORNICK. JAMES L
DEMBOUSKI. JAY C
ENGLISH III. IRVING
ERICKSON. KURT R
FISCHENICH. DAN T
FRITZLER. JOHN M
GAFFRON. MICHAEL P
GERHAROSON. JOHN R
GOMAN, DAVID J
GREGORY. JAMES D
HALLIN. DOROTHY M
HANSEN. STEVEN C
HANSING. CAROL J
HASEMAN. CAROLE
JOHNSON. BRADLEY P
KARNITZ. RICKY D
KENNEN. JANICE M
KING. ANITA D
KNUTSON. CHARLOTTE A
KUEHN. THOMAS M
MABUSTH. JEANNE A
MCNICHOLS. DAVID L
MOORSE. RONALD J
MOROWCZYNSKI. JAMES
OBERAIGNER. SCOTT G
OBRIEN. RANDY L
OMAN. LYLE E
PALMER. GREGORY A
OUAST. WAYNE A
RATHBUN. BARRY J
SCHOENHOFF. JOHN B
SKREEN. DALE S
STEFFENHAGEN. RONALD
SULLIVAN. STEPHEN X
THOMTON. MARK R
TOMCHECK. LAWRENCE F
TOMCZYK. MARK W
VANG. BRUCE L
VEE. LINDA S
WECKMAN. STEPHEN J
DPT
31
31
31
12
42
31
31
31
31
31
31
YTD
GROSS
9957
6323
673
3502
9718
99
10
43
87
51
10363.20
11021.60
10591.77
10738 33
9626.00
9767 84
CURRENT
GROSS
1795
104294
633
1621
1727
1729
1562
1729
50
56
25
43
37
20
61
56
61
1611.52 i
1551.20 *
31 10153 39 1692.23
33 S889 07 1483.12
42 22776 15 2133.11
35 1906.58 380.53
42 8221.27 1163.05
12 7664.07 1278.96
42 7650.19 1113.0'.
31 3517.69 564.93
12 6352.34 1213.24
31 10278.17 1611 52
31 1117.73 262.0831861.96 113.79 ,
35 125.18 125.18
15 6252.85 1042.56 ’
15 13054.01 2177.28
33 11119.61 1854 88 1
31 9272.49 1355.52
12 14471.03 2311.84
31 9855.50 1641.74
42 7660.61 1123.46
92 7669.38 1113.05
33 8690.69 1483.12
42 7456.59 1279.99
92 9461.45 1403.93
92 7994.53 1332.17
31 2680.15 616.98
42 7723.24 1280.01
93 7664.11 1278.96
31 12403.60 2068.88
31 9462.50 1581.36
31 9740.87 1612.37
31 9715.20 .611.52
33 7790.10 1304.17
12 6598.83 • 150.07
33 7050.33 1186.48
60.043.92
.fCOUNCIL CHECK NC030167 CHECK REGISTER Thu Mar 171 CHECK DATE CHECK AMOUNT1994/03/18 $5.l66?00*SS.166.00*1994 02:03:32. . . . .VENDOR DESCRIPTIONCITY COUNTrCREDirUNrW/H*TRANSFE . . . .ACCOUNT 8 9999-2030*INVOICE ' 000795***Ptgt 1_ _PO NUM. MANUAL**ip0301681994/03/16 6139.13$139.13*COLONIAL LIFE INS INS W/H 9999-2030 000783 IP
030169
1994/03/18 $61.52
$61.52*COMMERCIAL LIFE INS INS W/H 9999-2030 000785 IP
030170-1994/03/16 $8,729.71
*8,729.71*FIRST NATIONAL BANK OF W/H FED MEDCR FICA 9999-2030 000791 IP
030171
1994/03/16 S2.638.90
$2,638.90*FIRST NATIONAL BANK OF CITY SHARE FICA A ME 9999-2030 000788 IP
030172 1994/03/16 *35,782.67
*35,782.67*FIRST NATIONAL BANK OF NET PAYROLL TRANSFER 9999-2030 000794 IP
030173 1994/03/16 $1,434.00
*1.434.00*GREAT WEST LIFE ASSURA DEF COMP W/H 9999-2030 000786 IP
030174 1994/03/16 *146.50
*146.50*HENNEPIN COUNTY SUPPOR MARK THOMTON 8C02667 9999-2030 000796 IP
030175
1994/03/18 *164.00
*164.00*HENNEPIN COUNTY SUPPOR DALE SKREEN iC026231 000797 IP
030176 1994/03/18 *50.00
*50.00*ICMA RETIREMENT TRUST-W/H DEF COMP 9999-2030 000792 IP
030177
1994/03/16 *5.09
*5.09*
MINNESOTA BENEFIT INS W/H 9999-2030 000784 IP
030178
1994/03/18 *2,664.64
*2,664.64*
MINNESOTA ?PPT OF REVE STATE TAX W/H 9999-2030 000789 IP
030179 1994/03/18 *100.00
*100.00*MN STATE RETIREMENT-DE W/H DEF COMP 9999-2030 000779 IP
030180
1994/03/16 *84.38
$84.38*
PEBSCO/OBRA W/H DEF COMP 9999-2030 000780 IP
030181 1994/03/16 $888.46
*888.46*PEBSCO/US CONF OF MAYO W/H DEF COMP 9999-2030 000781 IP
030182
1994/03/16 *54.00
*54.00*
PERA LIFE INS INS W/H 9999-2030 000790 IP
030183
1994/03/16 *3,405.90
*3,405.90*
PERA PERA W/H 9999-2030 000793 IP
030184
1994/03/16 *18.00
$18.00*
UNITED WAY CHARITY W/H 9999-2030 000787 IP
$61,532.90
I I c
CITY or owom
MOW. MAH 21. 1M4
03/21/M
1;S1 W r«<i! 0»R. . .
-loc:
VOID, typed
ORFINCE---
A RSVnSED A/9
-job: 3471 iSQ33--
Check Payee ID.Payee Base Date Check Aeount Type
mmmmmmmmm mmmmmmmma
OB 027444 421 MDICA CWICl 03/Ol/M 3.370.40 HW
OB 027444 447 HED cm HEALTW GARB 03/01/M 1.515.87 HR
OB 027447 447 MED CTm HBM.TN CAM 03/01/M 543.03 MM
OB 027441 27S (90UP HEALTH IWC 03/01/94 3.511.39 HM
OB 027440 27S GRODP HEALTH IWC 03/01/94 983.08 HW
OR 027451 TlOl GOLDEN VALLEY COUNTRY CLUB 03/01/94 20.00 HW
OR 027452 T453 Ml DBPT or AGRICULTURB 03/03/94 10.00 HW
OR 027453 T491 VCl CAPITAL IHC 01/24/94 4,548.00 HW
OB 027454 249 OOVnWHT TRAING SCKV 03/04/94 25.00 HW
OR 027455 TlOl OOLOCM VALLKY COUHTSt cum 03/15/94 10.00 KW
OR 027454 594 PCRA INS 03/01/94 12.00 HW
OR 027457 143 COMgRCIAL LlfB/GRP 03/14/94 160.74 HW
OR 02745S T004 Mi DEPT OP REVENUE 03/16/94 250.00 HW
CR 027440 475 ROLLINS OIL CO 03/34/94 672.50 HW
OR 027441 534 CITY OF ORONO 03/34/94 82.62 KW
OR 027442 S42 wayzata-city of 03/35/94 256.50 HW
OR 274423 421 MEDICA CHOICE 03/01/94 7,322.01 HW
OR 274500 478 SAFE BENEFITS 03/01/94 1,113.00 lOi
CMfiCIC RBGISTU
•prog: CK200 <1.07>
rag# 1
• •report id: CnUQ—
Typ« K«1 TO Not#
H HoAd Mrltten
fund Mritton
Hand Nritten
Hand Written
Hand Written
Hand Written
Hand Written
Hand Written
Hand HritteB
Hand Written
Hand Written
Hand Written
Hand Written
Hand Written
Hand Written
Hand Written
Hand Written
Hand Written
SOB TOTALS:
Total Void Hachine Written 0.00 Hvinber of Checks Processed:0
Total Void Hand Written 0.00 Humber of Checks Processed:0
Total Machine Written 0.00 Number of Checks Processed:0
Total Hand Written 22.425.35 Number of Checks Processed!18
CITY OF 0«0N0 MON. MAt 21. 1984 03/21/9411:22 FM CHAR VOID. TYPED & REVERSED A/P OR-FIMCE- -job: 3467 9J597 CHECK REGISTER prog: CK200 <1.07>Pift 1riport Id: CKREG---Chtch 6r"027429 OR 027430 OR 027431
OR 027432
OR 027433
OR 027434
OR 027435
OR 02743d
OR 027437
OR 027439
OR 027439
OR 027440
OR &T7441
OR 027445
Faytt IDnor’”TSOI536
1048
^oe^ ‘
582
1045
629
671
T006
T143
1045
T509
629
Riytt Nrimgoloen*valle ”countr ”club ’’LEATHERWRIGHTS WORKSHOPCITY OF ORONO
MEDICA CHOICE
MED CENTER HEALTH PLAN
OMAN/LYLE
PERA LIFE INS
POSTMASTER
SAFE BENEFITS
MN DEFT OF REVENUE
U OF MINNESOTA
FERA LIFE INS
H. C. M. A.
POSTMASTER
SUB TOTALS:
TotAl Void Machlnt Writtpn
Total Void Hand Written
Total Machine Written
Total Hand Written
Total Reversals
Total Cancelled Checks
SUB TOTAL
20 00 HW in Hand Written22 S3 KW in Hand Written108 36 HW in Hand Written
’..264,32 HW Ti Hand Written
281.01 HW TR Hand Written
69 44 HW TR Hand Written
12.00 HW TR Hand Written
319.20 HW TR Hand Written
1.113 00 HW TR Hand Written
29.00 HW TR Hand Written
90 00 HW TR Hand Written
66 00 HW TR Hand Written
85.00 HW TR Hand Written
900.00 HW TR Hand Written
0 00 Numbe r of Checks Processed:0
0 00 Nuinbt r of Checks Processed:0
0.00 Numbe r of Checks Processed:0
4.379.86 Numbe r of Checks Processed:14
0 00 Number of Checks Processed:0
0.00 Number of Checks Processed:0
4.379.86
01/04/9401/04/9401/10/94
01/11/94
01/16/94
01/11/94
01/11/94
01/14/94
01/18/94
01/18/94
01/19/94
01/19/94
01/25/94
01/31/94
aCOUNCIL CHECK REQISTEK Fri Mar 25 CHECK NO CHECK DATE CHECK AMOUNT 19t4 00:3t;49VENDOR P»f 10301SI1994/03/29 83,768 91 S3.768.91*030119 1994/03/28 8269.66
$269.66*
030190 1994/03/28 $1,438.00
61,438.00*
030191
1994/03/28
1994/03/28
1994/03/28
1994/03/28
1994/03/28
832 85
832.85
$32.85
832.85
832.85
8164.25*
030192
1994/03/28 873.00
873.00*
030193 1994/03/28 869.35
869.35*
030194 1994/03/28 8747.93
8747.93*
030195
1994/03/28 890.70
890.70*
030196 1994/03/28 86.75
86.75*
030197 1994/03/28 822.001.50
822.001.50*
030198
1994/03/28 815.622.25
815.622.25*
030199 1994/03/28 8473.71
8473.71*
030200 1994/03/28 810.00
810.00*
030201 1994/03/28 851.81
851.81*
030202 1994/03/28 824.25
824.25*
030203 1994/03/28 8150.00
8150.00*
1994/03/28 8309.97
o
APPLE VALLEY AGENCY
ASCOH
ASCOM
ASCOM
ASCOM
ASCOM
HAILINGhailing
HAILING
hailing
HAILING
SYSTEM
SYSTEM
SYSTEM
SYSTEM
SYSTEM
ASPLUNO COFFEE
BARTON SANO/GRAVEL
BITUMINOUS ROADWAY
BOB RYAN FORD
CHESWICK/GARY
CITY OF LONG LAKE
CITY OF MOUND
COLONIAL LIFE INS
DIXIE PETRO-CHEM
GALL'S INC.
description> ACCIDENT REPAIRS SOu'ACCOUNT • 0129-4341 INVOICEQQQ827 PO NUM. MANUALIPALARM SERVICE 0590-4331 11291604 IP
LIQ LIAB INS 4/1/94-0590-4378 10968 IP
METER RENTAL 2ND OTR
METER RENTAL 2ND QTR
METER RENTAL 2ND OTR
METER RENTAL 2ND OTR
METER RENTAL 2ND OTR
0039-4321
0069-4321
0249-4321
0129-4321
0174-4321
592546
592546
592546
592546
592546
If
;;
COFFEE 0129-4382 67433 IP
BAL DUE-LOST DISC 0249-4346 000798 IP
WINTER MIX BLACKTOP 0249-4233 064938 IP
HAINT SOUAD 9166 0129-4341 56615 IP
PARKING TRAINING CLA 0129-4381 000799 IP
FIRE SERVICE 2ND QTR 0130-4315 000808 IP
FIRE SERV 2ND QTQR 0132-4317 000813 IP
LIFE INS 0129-4152 000800 IP
DEMURRAGE FEB 0549-4234 D01026806 IP
VISITOR PARKING SIGN 0099-4231 00131380 IP .
HURR-AGENDA PACKET 0020-4399 518147192 IP
FIRE ALARM MONITOR 0099-4343 134269 IP
RESERVE JUMP SUITS ‘0129-4221 4546283 IP
o
17 ^ I JCOUNCIL CHECK REGISTER Fri Mtr 25 1994 00:39:49 Raft 20302041994/03/280302051994/03/24
030206 *
1994/03/28
1994/03/211994/03/24
1994/03/28
•
030207
1994/03/28
03020$
1994/03/28
1994/03/28
030209
1994/03/24
1994/03/28
030210
1994/03/28
030211
1994/03/28
030212
1994/03/28
1994/03/28
030213
1994/03/28
030214
1994/03/28
030215
1994/03/28
1994/03/28
1994/03/24
030216
1994/03/28
030217
1994/03/28
030216
1994/03/28
o
DESCRIPTION ACCOUNT 8 INVOICE PO NUM. MANUALRESERVE LETTERING 0129-4221WASTEWATER CERTIFICA 0569-4343 000414 IPAPRIL HEALTH INS
APRIL HEALTH INS
APRIL HEALTH INS
APRIL HEALTH INS
0249-4151
0174-41510129-4151
0590-4151
2015727
20157272015727
2015727
IP
IP
IP
IP
loader blade 0249-4232 H024419 IP
CLERKS CONFERENCE
MILEAGE/PARKING CLER
0039-4356
0039-4381
000808
000806 \t
TYPEWRITER REIAOR
TYPEWRITER REPAIR
0069-4340
0569-4340
0208
0208
IP
IP
TAX BOOKS/FICHE 0059-4210 000404 IP
POSTAL VERIFICATIONS 0040-4321 000803 IP
ASSMNT PARCEL CHARGE
ASMNT PARCEL CHARGE
0569-4399
0912-4399
000802
000802
IP
IP
93 LTD HUBCAP 0129-4232 13216 IP
COPIES-WANG 9001-3500 12733 IP
MILEAGE 3/1-3/14
MILEAGE 3/1-3/14
MILEAGE 3/1 - 3/14
0069-4341
0569-4381
0174-4341
000807
000807
000807
IP
IP
IP
MEMBERSHIP DUES 0100-4385 0021 IP
REIMBURSE TOWING 0129-4399 000805 IP
* <6 9. . '
DISPOSAL OIL FILTERS 0249-4342 7511 IP
$53.46$363.43*$30.00$30.00*$5S2.00
$151.13
$1,440.26
$291.00
$2,511.39*
$291.57
$291.57*
$163.92$46.41
$210.33*
$64.00
$61.05
$136.05*
$164.94
$161.9t*
$11.04
$11.04*
S103.00
$11.00
$114.00*
$24.00
$24 00*
$36.63
$36.63*
$37.64
$6.27
$6.27
$50.18*
$50.00
$50.00*
$100.54
$100.54*
$65.00
$65.00*
GALL'S INC. GREGG FALMERGROUP HEALTH INC
GROUP HEALTH INC GROUP HEALTH INC
GROUP HEALTH INC
H !• L MESABI
HALLIN/DOROTHY
HALLIN/DOROTHY
HARRIS OFFICE EQUIP
KUEHN, THOMAS
KUEHN. THOMAS
KUEHN. THOMAS
LEE HORNING
LOE’S OIL COMPANY
}o
o o oCOUNCIL CHECK KCOISTEK Erl M«r 25 1*»4 00;3t:4»CHECK NO CHECK DATE CHECK AMOUNT VENOOA l*af« 3DESCRIPTION ACCOUNT •INVOICE PO Nim. MANUALAR0294AR0294IfAR02941^AR0294 i£AR0294
AR0294 i£AR0294 ISAR0294llAR0294
AR0294 1 Jl
AR0294 i£AR0294
000911 IP
000910 ll000910IP
1172704
1172704 i£1172704
1172704 IP
000909 IP
51490494 IP
7066000394 IP
000914 IP
000924 i£000925 }£000926 IP
501202 IP
9457-2
191074 IP
030219
109«/O3/2a1994/03/211994/03/211994/03/211994/03/21
1994/03/29
1994/03/21
1994/03/29
1994/03/21
1994/03/29
1994/03/29
1994/03/29
1994/03/29
91,113 009540.009742.009172.009400.00
911.00
9143.16
96.11
9610.45
9124.92
91.105.57
940.03
9112.76
95.120.90*
LOGISLOGISLOGISLOGISLOGIS
LOGIS
LOGIS
LOGIS
LOGIS
LOGIS
LOGIS
LOGIS
LOGIS
SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300
SUITE 300
SUITE 300
SUITE 300
SUITE 300
SUITE 300
SUITE 300
SUITE 300
SUITE 300
FEB SERVICEFEB SERVICEFEB SERVICEFEB SERVICEFEB SERVICEFEB SERVICE
FEB SERVICE
W-2 A 1099 PROCESSIN
FEB SERVICE
FEB SERVICE
FEB SERVICE
FEB SERVICE
FEB SERVICE
030220
1994/03/29 929.40
929.40*
MABUSTH-JEANNE MILEAGE
030221
1994/03/29
1994/03/29
9429.65
95.00
9433.65*
MARTINS NAVARRE 66
martins NAVARRE 66
AUTO MAINT
GASOLINE
030222
1994/03/29
1994/03/29
1994/03/29
1994/03/29
9160.71
9321.42
9451.72
9582.02
91.515.87*
PKD CTR HEALTH CARE
MED CTR HEALTH CARE
MED CTR HEALTH CARE
MED CTR HEALTH CARE
APRIL HEALTH INS
APRIL HEALTH INS
APRIL HEALTH INS
APRIL HEALTH INS
030223
1994/03/29 9792.00
9792.00*
METRO WASTE CONTROL CO FEB SAC CHARGES
030224
1994/03/29 920.717.00
920.717.00*
METRO WASTE MWCC APRIL
030225
1994/03/29 936.22
$36.22*
MINN COFtI PAGERS MARCH SERVICE
030226
1994/03/29 9100.00
9100.00*
MINN GOLF ASSN ANNUAL MGA DUES
030227
1994/03/29
1994/03/29
1994/03/29
942.38
9686.44
91,933.72
92.662.54*
MINNEGASCO
MINNEGASCO
MINNEGASCO
HEAT GARAGE-NAVARRE
HEAT ADM/POLICE 2/15
HEAT PW BLDG 2/15-3/
030229
1994/03/29 912.76
912.76*
MINNESOTA CONWAY TEST AIR PACKS
030229
1994/03/29 $7,754.25
97.754.25*
MINNETONKA 2ND QTR PROSECUTION
030230
1994/03/29 966.50
966.50*
MN SUN PUBLICATIONS POLICE CLERK AD
» > ; ' .
o o
0069-0129’0174'054905690039
0039
0069
0069
0174
0129
0549
0569
435243524352435243524352
-4355
-4355
-4355
-4355
■4355
■4355
•4355
0174-4391
0129-4341
0174-4220
0069-4151
0129-4151
0249-4151
0174-4151
9001-2226
9673-1292
0249-4320
0590-4390
0569-4324
0099-4324
0099-4324
0569-4342
0090-4302
0129-432**
?•
' .1* i i ^
O
oCOUNCIL CHECK REGISTER Fri Mar 25 1994 00:39:49check amount vendor DESCRIPTION ACCOUNT •030231030232
030233
030234
1994/03/211994/03/281994/03/211994/03/28
1994/03/28
1994/03/28
030235
1994/03/28
1994/03/28
030236
1994/03/28
1994/03/281994/03/26
1994/03/21
1994/03/21
1994/03/28
1994/03/28
1994/03/28
030237
1994/03/28
1994/03/28
1994/03/28
1994/03/28
1994/03/28
1994/03/28
030238 1994/03/28
030239 1994/03/28
030240 1994/03/28
030241
1994/03/28
1994/03/28
1994/03/28
1994/03/28
1984/03/28
• •
• . . r’ . ' ■ , . ,
9
<69.00SIO.OO<22.50S101.50*861.50 861.50*
811.19
<11.19*
819.87
819.87*
86.75
810.75
817.50*
<48.99
<47.93
<44.73
<33.17<15.44
847.25
848.99
8102.59
8389.09*
$1,103.60
851.50
8183.65
8479.50
81.267.04
8318.00
83.403.29*
<4,473.58
84.473.58*
8244.08
8244.08*
84.78
84.78*
86.014.00
827.18
<14.38
829.00
86.084.56*
81.524.81
MOORSE RON MOORSE RON MOORSE RONNORTHLAND BUSINESS
NSP
OTTEN BROS
PERA
PERA
PERRYS
PERRYS
PERRYS
PERRYS
PERRYS
PERRYS
PERRYS
PERRYS
POPHAH
POPHAM
POPHAM
POPHAM
POPHAM
POPHAM
TRUCK
TRUCK
TRUCK
TRUCK
TRUCK
TRUCK
TRUCK
TRUCK
REPAIR
REPAIR
REPAIR
REPAIR
repair
REPAIR
REPAIR
REPAIR
HAIK A
HAIK A
HAIK A
HAIK A
HAIK A
HAIK A
ASSOC
ASSOC
ASSOC
ASSOC
ASSOC
ASSOC
MCMA WORKSHOP WESTONKA CC MTG WORKSESSIONSMINI TAPES
ELECTRICITY
FLOWERS
ADDL PERA 1/16
AOOL PERA 1/16
TOW SNOWMOBILE INV 4
TOW SNOWMOBILE INV 4
T^ SNOWMOBILE INV 4 MAINT squad 169
MAINT SQUAD 169
MAINT SQUAD 165
TOW SNOWMOBILE INV 4
MAINT SQUAD 166
LEGAL RETAINER FEB
LEGAL APPLIC FEB
LEGAL OCB RD BRIDGE
LEGAL G NELSON FEB
LEGAL CONSULTING FEB
ORONO SCHOOL LAND LE
0039-43560039-43560039-43820039-4210
0569-4324
0590-4231
0069-4141
0129-4141
0129
0129
0129
0129
0129
C129
0129
0129'
0080
0840
0355
0080
0080
0385'
■43424342
4342
4341
4341
4341
4342
4341
■4301
•4303
'4303
4303
4303
4303
INVOICE PO NUM.000812000812000812EE088S1
000815
81860
000828
000828
000817
000817
000617
1200 A1209
1200 A1209
12857
000817
12921
391658
391658
391658
391658
391658
391658
PUBLIC EMPL RET ASSN PERA 2/28 TO 3/14 9999-203<000819
RADISSON HOTEL ST PAUL GOETTEN-LMC CONF 0020-4356 000820
RITZ CAMERA FILM PROCESSING 0129-4210 3765106
ROLF E ERICKSON
ROLF E ERICKSON
ROLF E ERICKSON
ROLF E ERICKSON
APRIL ASSESSING
FILM A PROCESSING
SALES BOOK
POSTAGE
0059-«307
0059-4210
0059-4.’10
0059-4:21
000801
000801
000801
000801
ROLLINS OIL CO GASOLINE 3/18/94 9001-121*0 26256
PA9« a MANUALIPIPIPIP
IP
IP
IPir
IP
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COUNCIL CHECK REQISTEi frl Mar 25 1994 CHECK NO CHECK DATE CHECK AMOUNT 00:39:49VENDOR OE SCRIPT ION ACCCHWT •PM* 9INVOICE PO NUM. MANUAL0302431994/03/291994/03/28 5139.00 51,230.54 51.374.54*SAFE BENEFITS SAFE BENEFITS0302441994/03/21 5636.325636.32*SCHARBER & SONS03024S1994/03/29 $77.21 $77.2I*SCOTT OBERAIGNER
030246
1994/03/29
1994/03/29
5161.50
5127.50
5299.00*
STAR TRIBUNE
STAR TRIBUNE
030247
1994/03/29
1994/03/29
51,353.64
539.13
51,391.77*
STRQAR ROSCOE FAUSCH
STRGAR ROSCOE FAUSCH
030249
1994/03/29
1994/03/28 535.79
56.00
541.78*
SULLIVAN, STEPHEN
SULLIVAN, STEPHEN
030249 1994/03/28 563.50
563.50*TELEPHONE SPECIALIST
030250
1994/03/29
1994/03/28
1994/03/29
555.50
596.24
530.90
5172.54*
THE LAKER
THE LAKER
THE LAKER
0302S1
1994/03/28
1994/03/28
1994/03/28
1994/03/28
1994/03/29
1994/03/28
544.38
563.98
544.38
526.63
544.38
517.73
5241.39*
US WEST COMMUN
US WEST COMMUN
US WEST COMMUN
US WEST COMMUN
US WEST COMMUN
US WEST C09MUN
030252 1994/03/28 557.02
557.02*
VIKING INOUST CENTER
030253 1994/03/28 527.00
527.00*
WEEKLY NEWS INC
030254 1994/03/29 5499.37
5489.37*
ZARNOTH BRUSH WORKS :
APRIL FEE 0299-4306 1031SMAPRIL FEE 9999-2030 10315MMAINT LAWN TRACTORS 0290-4342 3573-3574MILEAGE WATER SCHOOL 0S49-43I1 000816
POSITION ADV-ACCT 0069-4323 566792001POSITION ADV-CLERK 0129-4323 674507001
FEB HWY 12 STUDIES 0299-4306 17DOOR OPENING TOOLS 0129-4232 lN-81963
CONFERENCE ST PAUL 0129-43S6 000821CONFERENCE PARKING 0129-4381 000821
PHONE SYSTEM REPAIR 0099-4340 34904
AD-PT SECY 0129-4323 23AXEL WEIGHT LIMITS 0249-4322 502APPLIC PUBLICATION 0174-4322 487
DATA LINE MARCH 0069-4355 000823com LINK TOWER/PUMP 0549-4320 000822DATA LINE MARCH 0129-4355 000823DATA LINE MARCH 0569-4355 000823DATA LINE MARCH 0174-4355 000823DATA LINE MARCH 0549-4355 000823
LOCKOUT STARTER KIT 0569-4234 498669
POSITION ADV-CLERK 0129-4323 6732
SWEEPER 8RUSHERS 0249-4232 46245
IPIPIPIP
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5109,567.55
•
O o o
INFORMATION
ITEMS
COUNCIL MEETING
COUNCIL MEEHNG
mar 2 8 1994
GflYOFOBONO
OF
PERMITS ISSUED/FEES COLLECTED ^RCIl 1994REPORT N^. BPRMTISS-1 DATE Of RUN 03/02/94
PERMIT TYPE QTY
Bulldina
SQL FAMILY-NEW
SF-ADO/REMOOEL SF-ACC STRUCTURE
DEMO/PRINCIPAL COH-AOD/REMODEL Sub-total
1
100
31
15*
Mechanical HEATING SYSTEMS
AIR CONDITIONING FIREPLACE
DUCT WORK ONLY Sub-total
Plumbiflo
FIXTURES
WATER METER Sub-total
Sewer & Water
DRNFLD &/OR TANK SAC ONLY Sub-total
Sign
TEMPORARY
Sub-total
Grand-total
PERMIT ISSUED REPORT CITY OF ORONO PAGE; 1REQUESTER: CAROLE-- CURRENT RANGE - 02/01/94 - 02/28/94 -- PREVIOUS RANGt -
02/01/93 - 02/28/93
BASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEW
1.654.50
1.411.50 0.00
150.00 54.00
3.270.00*
39G.000 00
133,365.00 0.00
0.00 3,000.00
52$.365.00*
1,075.43
858.98
0.00
0.00
35.10
1,969.51*
0
9
1
0
1
11*
0.00
1,995.50
284.50
0.00
54.00
2,334.00*
0.00
259,081.44
30.000.00
0.00
2,500.00
291,581.44*
Q.OQ
1,261.98
184.93
0.00
35.10
1.482.01*
4 225.00 14,500.00 0.00 10 530.31 12,725.00 0.0000.00 0.00 0.00 1 35.00 1,800.00 0.00270.00 3,789.16 0.00 9 490.56 29,340.00 0.00135.00 1,000.00 0.00 2 70.00 1,202.00 0.00?•330.00*19,289.16*0.00*22*1,125.87*45,067.00*0.00*
6 453.75 32,600.00 0.00 9 1,629.10 92,048.24 0.0000.00 0.00 0.00 1 235.00 0.00 0.006*453.75*32,600.00*0.00*10*1,864.10*92,048.24*0.00*
0 0.00 0.00 0.00 1 50.00 0.00 0.0020.00 0.00 0.00 0 0.00 0.00 0.002^0.00*0.00*0.00*1*50.00*0.00*0.00*
1 30.00 0.00 0.00 0 0.00 0.00 0.0030.00*0.00*0.00*0*0.00*0.00*0.00*
4,083.75**578,254.16**1.969.51**44**5,373.97**428,696.68**1,482.01*
mm
PERMITS ISSUED/FEES COLLECTED hirh 1904REPORT NBR. BFEERPTl-1 DATE OF RUN 03/02/94 BUILDINGBASE FEE 3.270.00
PLAN REVIEW 1.969.51
SURCHARGE 265.06
Lie. SEARCH FEE 0.00
SAC 100 00
INVESTIGATION 0.00
DEPOSIT 0.00
MAIL IN
ENGINEERING FEES
STAFF FEES
PERMIT TOTAL 4,304.57
REPORT NBR. BFEERPTl-1
DATE OF RUN 03/02/94
REPORT TOTAL
BASE FEE 4.083.75
PLAN REVIEW 1,969.51
SURCHARGE 291.10
Lie. SEARCH FEE 0.00
SAC 4,800.00
INVESTIGATION 0.00
DEPOSIT 0.00
MAIL IN
ENGINEERING FEES
STAFF FEES
7.00
187.25
120.00
PERMIT TOTAL 11.458.61
*• PERMIT FEE REPORT *• CITY OF ORONO FROM 02/01/94 TO 02/28/94MECHANICAL330.00
0.00
9.64
0.00
0 00
0.00
0.00
7.00
346 o4
PLUMBING SEWER & WATER453.75
0.00
16.40
O.CO
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4,000 00
0.00
0.00
187.25
120.00
470 15 4,307.25
PERMIT FEE REPORT ••
CITY OF ORONO
FROM 02/01/94 TO 02/28/94
USER0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
_ _PAGE; 17REQUESTER: CAROLESIGNFIRE30.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.CO
0.00
0.00
0.00
30.00 0.00
PAGE: II
REQUESTER: CAROLE
WED, 2. X994, 4:11 PMPERMITS ISSUED FOR THE MONTH OF 1994PERMIT WORK AOOR NBR STREET ISSUED nsn id nuhber cohpanyBL012011SUGARWOOD DR 94/02/25 OR -005932 19206996023548IVY PL 94/02/23 OR-005924 14710532021210LOMA LINDA AVE 94/02/24 OR-005930 00000000061080WILDHURST TR 94/02/10 OR-005797 00000000064330NORTH SHORE DR 94/02/14 OR-005919 1479322011290CRESTVIEW AVE 94/02/01 OR-00590R 14726539163995NORTH SHORE DR 94/02/03 OR-005910 00000000161725BOHNS PT RD 94/02/2''OR-005926 00000000162677CASCO POINT RD 94/02/25 OR-005933 15531417
29 2794 CASCO POINT RD 94/02/01 OR-005907 14760203
29 3709 CASCO AVE 94/02/02 OR-005909 14725715
29 2523 KELLY AVE 94/02/15 OR-005921 19213353
29 3587 WORTH SHORE DR 94/02/16 OR-005922 14735173
29 385 TURNHAM RD 94/02/16 OR-005923 14737209
29 3440 SHORELINE DR 94/02/23 OR-005927 00000000
15C 15C
ME 01 540 NORTH ARM DR 94/02/08 OR-005833 34721826
01 1180 TONKAWA RD 94/02/09 OR-005915 35453797
01 4200 NORTH SHORE DR 94/02/10 OR-005917 35378491
01 2794 CASCO POINT RD 94/02/23 OR-005929 35421166
02 2765 PHEASANT RD 94/0''/10 OR-00*''918 35378491
05 75 FERNDALE GREEN 94/07/10 OR-005916 38900758
29 3565 6TH AVE N 94/uii/08 OR-005911 38843552
7C 7C
PL 01 1180 TONKAWA RD 94/02/01 OR-005905 24747226
01 2240 ABINGDON WAY 94/02/01 OR-005906 24432921
01 1135 HERITAGE LA 94/02/04 OR-005912 24340445
24 3/09 CASCO AVE 94/02/08 OR-005913 24725920
24 2794 CASCO POINT RD 94/02/09 OR-0059I4 24701208
24 1700 BOHNS PT RD 94/02/23 OR-005928 2479 097
6C 6C
SI 13 34*^5 SHORELINE DR 94/02/16 OR-005925 OOOOOCOO
1C 1C
sw 01 3700 BAYSIDE RD 94/02/24 OR-005931
00000000
01 3505 WAYZATA BLVD 94/02/28 OR-005935 00000000
2C 2C
31C
REBERS CONSTRUCTION DANBERRY COMPANYlANDON HIKE SMITH WF ROOFINGRSI RESTORATION SERVICES
GMDC CONSTRUCTION CO
THE CARPENTERS CONST CO
RDY TRONES CONSTRUCTION
HOME REFLECTIONS INC ANDERSON-LINDQUIST
M H SEIFERT CONST
SUPERIOR CONTR INC FLARF HTQ A AC
SUPERIOR CONTR INC
HEAT-N-GLO FIREPLACES
BLOOMINGTON HTQ & AC INC
EASTER PLUMBING
SOUTHWEST METRO PLBQ
CLEARWATER SYSTEMS OLSON LARRY
STEINKRAUS PLBG INC NIEMAN PLBQ & HTG INC
OWNiR last NH mi iVALUATIONPINT390,000.00PYLE30.000.0000c ..25,000.00SIC -F 2,240.00STRF.LCV 13.900 00CLAPP2.675.00ZUCKHPli.00.00BUCCY.00
QUINN 12,000.00
PRESLER 11,000.00
BENSON 35.000.00
SUNOBY 750.00
JAMES 500.00
BLOOMQUIST 3,000.00
HANSSEN 9.600 00
1,000.00
RYAN 1.400.00
1,000.00
BAKKE 2,000.00
2,789.16
TIERNEY 1,500.00
HENDERSON 9,000.00
16,000.00
HOFFMAN 2,100.00
PRESLER 2,900.00
QUINN 1,800.00
OWENS 80U.00
OVERSON .00
HAUS .00
FULMER .00
578.254.18»
/
01
02
03
04
05
06
07
08
09
10
11
12
13
14
15
16
17
18
19
20
21
22
23
99
V«ORK TYF J CODE
Residence
Addition
Garage/Attached
Garage/Dctached
Porch
Deck
Fence
Gazebo
Pool
Re-side
Re-roof
Tennis Court
Sign
Dock
Shed
Demo-Principal Structure
Demo-Accessory Structure
Move
Commercial
Institutional
Storm Damage Repair
1-100 Cubic Yards
101 Cubic Yards or More
Undefined
\
24 Replacing Existing
25 Lifting Principal Rei.idence
26 Well Abandonment
27 Foundation Only
28 Temporary Trailer
29 Renovate/Remodel
30 Accessory Structure
31 Stairway to Lake
32 Retaining Wall
33 Entrance Monuments
34 Tree Removal
LOCAL USB CODES
WCO. 2. 1894. 4:lp mNUMERICAL LISTING MAEbi 1994 Pm 1CANCEL AOOR NBA STREET WORK 10 NUMBER COMRANY OMIER LASTOR-005797OR-OOSS33OR-005905OR-00S908OR-005907OR-00S90tOR-00S909OR-005910
OR-OOS911
OR-OOS912
OR-005913
OR-005914
OR-00581S
OR-OOS918
OR-005917
OR-OOS91I
OR-005919
OR-005921
OR-005922
OR-005923
OR'005924
OR-00592S
OR-005928
OR-005927
OR-OOS928
0R>005929
OR-005930
OR-005931
OR-005932
OR-005933
OR-OOS93S
31C
94/02/10 N 94/02/04 N 94/02/01 94/02/01 94/02/01 94/02/01 94/02/02 94/02/03
94/02/08
94/02/04
94/02/08
94/02/09
94/02/09
94/02/10
94/02/10
94/02/10
94/02/14 N
94/02/15 N
94/02/18
94/02/16
94/02/23
94/02/16
94/02/22 N
94/02/23 N
94/02/23 i
94/02/23 N
94/02/24 N
94/02/24 N
94/02/25 N
94/02/25 N
94/02/28 N
108054011802240279429037093995
3565
1135
3709
2794
1180
75
4200
2785
4330
2523
3587
385
3548
3455
1725
3440
17002794
1210
3700
2011
2677
3505
WILDHURST TR NORTH ARM OR TONKAWA RD ABINGDON WAY CASCO POINT RD CRESTVIEW AVE CASCO AVE NORTH SHORE DR
6TH AVE N
HERITAGE LA
CASCO AVE
CASCO POINT RD
TONKAWA RD
FERNDALE GREEN
NORTH SHORE OR
PHEASANT RD
NORTH SHORE OR
KELLY AVE
NORTH SHORE DR
TURNHAM RD
IVY PL
SHORELINE DR
BOHNS PT RD
S;;ORELINE DR BOHNS PT RD
CASCO POINT RO
LOMA LINDA AVE
BAYSIDE RO
SUGARWOOD DR
CASCO POINT RO
WAYZATA BLVD
06 00000000013472182601247472260124/32921?9 147602031a1472653929147257151$OOUvOOOO
29 38843552
01 24340445
24 247259202424701208
01 3^453797
05 38900758
01 35378491
02 353/8491
06 14793220
29 19213353
29 14735173
29 14737209
02 14710532
13 00000000
16 00000000
29 00000000
24 24792097
01 35421166
02 uooooooo
01 00000000
01 19206996
16 15531417
01 00000000
HELLANO HEATING A AIR COND EASTER PLUMBING SOUTHWEST METRO PLBG GMDC CONSTRUCTION CO SMITH WF ROOFING THE CARP'-NTERS CONST CO
BLOOMINGTON HTQ A AC INC
CLEARWATER SYSTEMS
OLSON LARRY
STEINKRAUS PLBG INC
M H SEIFERT CONST
HEAT-N-GLO FIREPLACES
SUPERIOR CONTR INC
SUPERIOR CONTR INC
LANDON MIKE
ROY TRONES CONSTRUCTION
HOME REFLECTIONS INC
ANOERSON-LINOOUIST
DANBCRRY COMPANY
NIEMAN PLBG A HTQ INC
FLARE HTQ A AC
REBERS CONSTRUCTION
RSI RESTORATION SERVICES
OLWER LAST NMSIEFF 2.240 00MANSSEN9.600.00HENDERSON8.000.00 18.000.00QUINN12.000 00CLAPP2.975.00PRESLER11,000.00ZUCKMAN.00TIERNEY1.500.00HOFFMAN2,100.00
PRESLER 2,900.00QUINN1,100.00
1.000.00
2,789.18
RYAN 1,400.00BAKKE2,000.00
STRELOW 13,900.00BENSON35,000.00
SUNOBY 750.00
JAMES 500.00PYLE30,000.00OVERSON.00
.00
BLOOMQUIST 3,000.00OWENS800.00
1,000.00
UOELL 25,000.00MAUS.00PINT390,000.00
BUCEY .00
FULMEN .00
ZONING fEKMlTS ISSUED/FEES COLLECTEDlEPOiT NBR. BPRMTISS-1 DATE OF RUN 03/02/94PERMIT TYPEUser Dvflntd VARIANCECURVARIANCE/CUP Sub'tAtalOra-if-tetal OTY411$•-- CURRENT RANGE - 02/01/94 - 02/21/94BASE FEE900.00200.00 175 001,175.00*1,175.OO**VALUATION PLAN REVIEW0.000.000.000.00*O.OO**0.00 0 00 0.00 0.00*o.oo**bMW4CH 1994it tti BAQC; 1REQUESTER: CAROLEOTY3003*3**-- PREVIOUS RANGE - 02/01/93 - 02/29/93BASE FEE600.00 0.00 0.00 •00.00*•00.00**VALUATION0.00 0 00 0.00 0.00*0 00**PLAN REVIEW0.000.000.000.00*0.00**
REPORT NBR. BFEERPT2-1 DATE OF RUN 03/02/94
base fee
USER
1,175.00
REPORT TOTAL
1.175 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 1,175.00 1,175.00
PERMIT FEE REPORT •••** CITY Of ORONO
FROM 02/01/94 TO 02/21/94
PAOl: 1REQUESTER: CAROLE
i/1
. >■>
T
PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATEREPOtT*^^ %PRMTISS-1 DATE OP RUM 03/02/94PERMIT TYPEBulldina SQL FAMILY-MEW SF-ADO/REMODEL SF-ACC STRUCTUREdemo/principalCOM-AOO/REMOOEL
INST-ACC STRUCT
Sub-tet al
Mechanical
HEATIMQ SYSTEMS
AIR CONOITIOMINQ
FIREPLACE
VENTILATION
QAS LINE INSPECT
DUCT WORK ONLY
Sub-tot al
Plumbine
FIXTURES
WATER METER
Sub-tot al
Sowar A Water
SEWER CONNECTION
DRNFLD A/OR TANK
SAC ONLY
Sub-total
Slensiei
PER /FREE STAtO>Q
TEMPORARY
Suo-tot al
User Defined
LAND ALTERATION
TREE REMOVAL
Sub-total
Grand-total
QTY22103
1
0
27*
20
0
9
1
0
1
31*
17
3
20*
1
0
3
4*
11
2*
0
1
1*
PERMIT ISSUED REPORT CITY OF ORONO PAGE;REQUESTER; CAROLE-- CURRENT RANGE - 01/01/94 - 02/21/94BASE FEE3,410.50 4.S91.00 0.00 150.00
54.00
0.00
9.265.50*
1,239.10
0.00
417.50
35.00
0.00
35.00
1,726.60*
1,097.76
705.00
1,902.76*
35. CO
0.00
600.00
635.00*
39.00
30.00
69.00*
0.00
30.00
30.00*
12,728.86**
VALUATION626,320 00 557.915 00 9.00 0.00
3,000.00
0.00
1,369.235.00*
-- PREVIOUS RANGE - 01/01/93 - 02/26/93PLAN REVIEW2.2822.55700
35
0
4.654
33120000
10
00
55*
QTY21620
1
1
22*
BASE FEE1,790.003,742.50301.500.00
54.00
330.00
6,216.00*
VALUATION346,000500,46630,6000
2,50037,000
916,566
00440000
00
00
44*
PLAN REVIEW1,183.512,321.46164.930.00
35.10
214.50
3,919.52*
69.292.00 0.00 17 1,263.31 12.725.00 0.000.00 0.00 1 35.00 1.800.00 0.0027,869.16 0.00 9 490.56 29.340.00 0.001, ISO.00 0.00 0 0.00 0.00 0.000.00 0.00 1 10.00 0.00 0.001,000.00 0.00 3 100.00 1.202.00 0.00119,331.16*0.00*31*1,918.67*45.067.00*0.00*
75.421.00 0 00 17 1,698.60 92.048.24 0.000.00 0.00 1 235.00 0.00 0.0075.421.00*0.00*16*2,133 60*92.049.24*0.00*
0.00 0 00 0 0.00 0.00 0.000.00
0.00
0.00
0.00
1
0
50.00
0.00
0.00
0.00
0.00
0.000.00*0.00*1*50.00*0.00*0.00*
1,200.00
0.00 0.00
0.00
0
0
0.00
0.00 0.00
0.00 0.00
0 001,200.00*0.00*0*0,00*0.00*0.00*
0.00 0 00 1 75.00 •‘'.00 0.000.00 0.00 0 0.00 0.00 0.000.00*0.00*1*75.00*0.00*0.00*
1.585,187.16**4.8S4.55*-73**10,395.47**1.053.681.68**3.919.52**
PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATEiCPORT NBR. BFEERPT2-1 DATE OF RUN 03/02/94BASE FEEFLAN REVIEWSURCHARGELie. SEARCH FEESACINVESTIGATION
DEPOSIT
BUILDING 9.265.SO 4.954 55 696 50 0.00 900.00 0.00
0.00
MAIL IN
ENGINEERING FEES
S'^AFF FEES
PERMIT TOTAL 14.B16.55
REPORT NBR. BFEERPT2-1
DATE OF RUN 03/02/94
BASE FEE
PLAN REVIEW
SURCHARGE
Lie. SEARCH FEE
SAC
INVESTIGATION
DEPOSIT
REPORT TOTAL
12.728.86
4.854.55
Z94.49
0.00
4,900.00
0.00
0.00
MAIL IN
ENGINEERING FEES
STAFF FEES
33.25
187.25
120.00
PERMIT TOTAL 23.518.40
•• PERMIT FEE REPORT •• CITY OF ORONO FROM 01/01/94 TO 02/28/94MECHANICAL 1,726 90 0.0059.69 0.00 0.00 0.00
0.00
25 75
PLUMBING 1.902 76 0 00 37 91 0 00 0 00 0 00
0.00
7.50
SEWER A WATER 935.00 0.00 0 50 0.00 4.000.00 0.00
0 00
197.25
120.00
1.912 03 1.848.07 5.142 75
•• PERMIT FEE REPORT
CITY OF ORONO
FROM 01/01/94 TO 02/28/94
PAGE: IREQUESTER: CAROLEUSER 30 00 0.00 0 00 0.00 0.00 0 00
0.00
SIGN 99.00 0 00 Q.QO 0.00 0.00 0.00
0.00 FIRE 0.00 0.00 0 00 0.00 0.00 0.00
0.00
30 00 99.00 0.00
PAGE: 2
REQUESTER: CAROLE
REPORT B prmtiss-1DATE OF ZONING PERMITS ISSUED/FEES COLLECTEDISS- 03/02/94 YEAR-TO-DATE• PERMIT ISSUED REPORT CITY OF ORONO PAGE; 1REQUESTER: CAROLE-- CURREMT RANGE - 01/01/94 - 02/21/94PERMIT TYPE -- PREVIOUS RANGE - 01/01/93 - 02/21/93OTYBASE FEE VALUATION PLAN REVIEW OTY BASE FEEUi«r 0«fln«dSUBDIVISIONVARIANCECUPVARIANCE/CUPVACATION
Sub-total
25210
10»
600.001.000.00325.00175.00
0.00
2.100.00*
Grand-total 2.100.00*•
REPORT NBR. BFEERPT2-1 DATE OF RUN 03/02/94
USER REPORT TOTAL
BASE FEE 2.100.00 2,100.00
PLAN REVIEW Q.OO 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 2.100.00 2.100.00
0.00 0 00 20.00 0 CO s0.00 0.00 30.00 0.00 00.00 0.00 i0.00*0.00*a*
0.00**0.00**
600950750
0
150
2,450
000000
00
00
00*
2.450.00*•
•• PERMIT FEE REPORT •• CITY OF ORONO
FROM 01/01/94 TO 02/21/94
VALUATION PLAN REVIEW0.000.000.00
0.00
0.00
0.00*
0.00 0.00 0 00
0.00
0.00
0.00*
0.00**o.oo**
PAQI: I
REOUtaTER: CAROLE
‘■j
1993 UW m OMlUa CITIESJsnuary Februtry March AprU Juna July Aufuat Sapttaibar Qctoba^ lov ti^Mr Oaccabar TTO TotaUSpring ^arkPlan trvitti 0.00 0.00 Inapactiona 165.00 165.00 Ratainar 25.00 25.00 TOTAL 190.00 190.00 No. Plan Ravifis 0 0 No Inapactiona II 11 0.00330.00 50.00380.00 022
Ninnatonka iaach
Plan RaviaM
Inspactim
Ratainar
TOTAL
No. Plan iavlawa
^Jtoj^Jnggactlon^^
327.93
165.00
25.00
517.93
1
11Trar
0.00
0.00
25.00
25.00
0
‘SOT
327.93
165.00
50.00
542.93
1
11
MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON
FEBRUARY 22, 1994
ATTENDANCE
The Orono Planning Commission met on February 22. 1994 with the following members
present: Cnair Charles Schrocdcr. Sandra Smith. Charles Nolan. Candace Rowlette. Steve
Peterson, and Janice Berg. Commissioner Dale Lindquist was excused. The following
fepresented staff: Building and Zoning Administrator Jeanne Mabusth, City Engineer Shawn
Gustafson, and City Recorder Barbara Anderson. Chair Schrocdcr called the meeting to order
at 7:00 p.m.
(#1) 1903 ERNEST LEMMERMAN
1297 WH.DHURST TRAIL/4620 TONKAVTEW LANE
SUBDIVISION OF A LOT LLNE REARRANGEMENT
Mabusth reviewed the suff report and stated that staff recommended approval of the request
subject to the stipulations listed in the staff report. She noted that the boundaries adjacent to
Wildhurst and Tonkaview are vague. The surveyor advised a registration of the land may be
required as a condition of platting. Mr. Lemmerman was present and had no comments.
Chairman Schrocdcr noted this was a public hearing and asked if anyone wished to address this
item. No one present wished to speak.
Rowlette moved, Peterson seconded, to recommend approval of #1903 for Ernest Lemmerman
at 1297 Wildhurst Trail/4628 Tonkaview Lane, subject to the following stipulations;
1. Application cannot be presented for Council’s action until legal description issue is
resolved and plat is finalized.
2. Designation of drainage and utility easements 10’ wide along the perimeter property lines
of both lots and 5 ’ along the interior.
3. Realignment of side lot line so that existing garage can meet 10’ side setback.
6 ayes. 0 nays.
(#3) #1897 R. HUNT GREENE AND JANE E. PICARD
865 PARTENWOOD ROAD
VARIANCES - CONTINUATION OF PUBLIC HEARING
Mabusth gave the staff report and noted that staff does not recommend removal of the backout
apron because of the length of the driveway. Jane Picard was present and had no comments.
Chairman Schroeder stated he felt the applicants had made a good effort to make the chanps
recommended by the Planning Commission. He concurred with staffs recommendation
regarding retention of the backout area.
MINUTES OF THE ORONO PLA^NNING CO.NLMISSION MEETING HELD ON
FEBRUARY 22, 1994
(#3) #1897 R. HUNT GREENE AND JANE E. PICARD - 865 PARTENWOOD ROAD
- continxt :d
Nolan moved, Peterson seconded, to approve #1897 for R. Hum Greene and Jane E. Picard
located at 865 Partenwood Road for the 650 square foot addition and limiting the overhang along
the side to 1.5’ and retaining the backout area. Ayes 6, nays 0.
(#5) #1902 DAN R. GUENTHNER
120 GOLDEN VIEW DRIVE
CONDITIONAL USE PERMIT - PUBLIC HEARING
Mabusih reviewed the staff report and noted the presence of Dan Guenthner and John Hallson.
Chairman Schroeder commented he felt the applicant should be required to protect the existing
septic system. Mabusth stated there had been no calls to staff regarding this item. Mr.
Guenthner stated the structure would be constructed with steel rather than wood.
Nolan asked about the applicant’s intention of farming on the Suess property, and Mr. Guenthner
responded that he had decided against that because it was not workable. Nolan inquired if there
would be any retail sales from the property and Mr. Guenthner responded that sales would be
wholesale only.
Peterson moved. Smith seconde<l, to approve #1902 Conditional Use Permit for Dan R.
Guenthner at 120 Golden View Drive subject to the following stipulations:
1. Struemre shall be installed to meet all required stamlards of tte State Building and Fire
Codes.
3.
4.
Use of 'he structure shall be limited to the specific period of March 25 - June 15.
When the structure is taken down, the structure must be removed immediately from the
site and not stored on the 6.5 acre parcel.
Notice to owner of property of potential of eliminating suitable septic areas on property
because of the use of heavy equipment compacting soils. Existing and alternate septic
sites must be staked prior to the installation of greenhouse or any other land alterations.
6 ayes, 0 nays.
MINLTES OF THE ORONO PLANNING CO\LMISSION MEETING HELD ON
FEBRUARY 22, 1994
(#6) #1904 ERIC AND SHELLY LUJEQUIST
3490 BIRCH LANE
VARIANCES - PUmiC HEARING
Mabusih reviewed the staff report atKl noted that any condition of approval must include
recognition of the proposed hardcover at 2.194 square feet and that applicants are allowed 300
square feet of additional improvements for steps, deck, or sidewalk.
Eric Liljequist reviewed the revised footprint for the new house and inquired why he was
required to obtain the lot area variance. Chairman Schroeder responded that the area variance
requirement was the means by which the City could regulate proposals which could prove to be
objectionable for some reason. Smith noted that this was the process by which the ordinance
requirements were reviewed to en^ure they had been met. In this instance, the applicant has
already met those requirements and done the revisions on his own,
Nolan inquired if there would be any grading done on the lot and Mr. Liljequist responded
affirmatively, noting that there would be drainage swales running down the side lot lines.
Nolan moved. Berg seconded, to approve #1904 Variances for Eric and Shelly Liljequist at 3490
Birch Lane subject to submission of a grading plan and noting that the applicants are allowed
300 square feet of additional hardcover. 6 ayes, 0 nays.
Mr. Liljequist requested that this application be forwarded to the City Council meeting scheduled
for February 28. 1994.
(#2) #1905 JOHN P0V\T:RS/KEN HOPKINS
75/85 FERNDALE GREEN
SUBDIVISION OF A LOT LLNE REARRANGE.MENT
Mabusth reviewed the staff report. Mr. Larry Berg, attorney for the applicant, noted that the
owners of Lots 5 and 6 have been contacted regarding their option to purchase the parcels
abutting their lots, and they have been considering this action. If they decide against this then
the applicant intends to approach the Country Club to inquiie if they would be interested in
obtaining Parcels A and B. This could be accomplished through outright sale or possibly
deeding these two parcels to the Country Club. Mr. Powers is proposing this action because he
wishes to have legal jurisdiction over tliis area which he has always considered to be his back
yard, and he would like to have the legal right to maintain it as such. If Parcels A, B and C are
combined with the adjacent residential lots it will increase the area of these lots bringing them
closer to legal size. He stated that the Country Club was presently maintaining the parcels and
were willing to continue doing this. He requested the Planning Commission to approve their
request.
MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON
FEBRUARY 22, 1994
(#2) #1905 JOHN POWERS/KEN HOPKLNS - 75/85 FERNDALE GREEN -
CONTESTED
John Powers stated he is the owner of Lot 7, and Parcel C has ftinctioned as his back yard for
some t me now, and he wishes to have the legal right to control it.
Chairman Schroeder noted that the need for the wedge no longer exists, and he had no problem
with the proposal. Mabusth read Resolutions previously approved by the City and the City
Council Minutes of 2/11/91 referring to this propert>’. She felt that the City Council was
looking at maintaining the 2 acre minimum and the rural character despite the availability of
sewer arid water.
Mr. Berg stated that for the present Mr. Powers intends to attach all three parcels to his lot
pending the decision by his neighbors regarding whether they are interested in purchasing the
parcels adjacent to their lots. He noted that the parcels are too small to be developed
individually, and their only purpose can be to either increase the lot area of the adjacent lots or
be deeded back to the Countiy Club or remain as they are in their present state.
Chairman Schroeder commented this appeared to be a straightforward proposal and the 2 acre
req * rement is maintained after receipt of credit for the wetland. Discussion ensued regarding
tne possible future for Parcels A and B. Mr. Berg stated that the property was Torrens property
and they had created legal descripticns that were acceptable and will have all three parcels
certified as metes and bounds parcels and attached to Mr. Powers property or the neighbors ’
properties, depending on their decision regarding purchase. He noted that he doubted the
Country Club would be interested in purchasing Parcels And B but would probably accept it as
a gift. He stated they have no intention of transferring title of Parcel B withou, first conveying
Parcel A. to avoid having no access to Parcel C. He staled the parcels cannot be developed
because of restrictive covenants.
Schroeder moved, Rowlette seconded, to approve #1905 Subdivision of a Lot Line
Rearrangement for John Powers/Ken Honkins, 75/85 Femdale Green, noting that Lot 2 will still
be over 2 acres in area. She noted that the resolution should permit or encourage the contiguous
landowners to have the option to purchase these parcels, but the property cannot be sold to
anyone else. Also, Parcel B cannot be sold until Parcel A is sold, or both can be sold together.
6 ayes. 0 nays.
MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON
FEBRUARY 22, 1994
(#4) #1901 1903 TANDEM PROPERTIES
2645/3025 WATERTOWN ROAD
PRELIMINARY SUBDI\TSION - CONTINUATION OF PUBLIC HEARING
Mabusih reviewed the staff report and noted the outstanding issues. She reviewed the
topography and illustrated the drainage flow patterns and ponding areas and culvert locations.
Smith inquired if the horse/jogging trail was included in the "trail" and not just the limestone
surface which was located higher up. She described the conditions on the horse/jogging trail
and the difficulties she has encountered in the past when using this trail.
Mark Gronberg. Gronberg & Gronberg Associates, stated they have endeavored to reduce the
drainage to allow this area to drain more quickly and thus be drier than it has been in the past.
He commented that the drainage ponds located on the Dickey property could be enlarged to
accommodate more water if needed.
Chairman Schroeder inquired if the revised plans would make the drainage situation better than
it is now, and Mr. Gronberg responded affirmatively. He affirmed that they have been dealing
with both trails, not just the higher one.
Gustafson stated he was not «v.are of the problems with the horse trail in this area He felt the
developers had provided a great deal of storm water retention, but it may not be adequate to
alleviate the problems on the lower trail. Peterson commented he felt the DNR had not
maintained the lower trail the way it should be.
Mabusth discussed the wetland mitigation is.sue, which is under the jurisdiction of the Minnehaha
Creek Watershed District. She referenced a letter from Director Ellen Sones regarding this,
which stated she was satisfied with the plan and per the Wetland Act, they will be able to
replace these wetlands with something better.
Gronberg reviewed the proposed drainage plans and illustrated the locations of the holding ponds
and flowage patterns upon release. He stated the holding ponds will slow the drainage rate
significantly, and decrease the flow by approximately one-third. He stated that because the
water will be released at a slower rate it will allow the water downstream to dissipate before
additional water comes down.
Rowlette inquired if there could be problems regarding the dry buildable area of the lots if the
holding ponds become larger due to heavy rainfall and Mr. Gronberg responded they have
allowed adequate area to prevent any problems like this from arising. Gustafson commented that
(I vas a balancing act, because it was impossible to control the amount of precipitation, but he
icit this was a workable plan. Discussion ensued regarding drainage problems downstream, and
the Planning Commission expressed concern that this development would not exacerbate already
existing drainage problems.
MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON
FEBRUARY 22, 1994
(#4) #1901 1903 TANDEM PROPERTIES - 2645/3025 WATERTOWN ROAD -
CONTINUED
Chairman Schroeder inquired how deep the ponds would be and Gronberg responded that they
would be about two feet deep normally, but after a heavy rainfall could become as deep as four
feet Rowlene expressed concern that future property owners be made aware that the ponds
serve a specific purpose and cannot be altered in any way. Gronberg responded that there will
be easements over them.
Greg Laughton inquired if the trail would be two feet lower and Gronberg responded that it will
be about one foot lower but the DNR did not want to have too steep a grade because of
maintenance reasons. Mr. Laughton discussed the drainage levels on his property and noted that
during the hundred year storm event the water rose six feet. He was concerned about the future
drainage in the area. He also felt that the drainage needed to be observed when the melting and
freezing cycles were occurring during the winter months, because when the culverts become
frozen, the water will back up behind them. He stated he was not opposed to the development,
but was concerned that his property would be wetter longer as a result of the proposal. He
stated he was concerned about the holding ponds filling up with silt and becoming una e to
fulfill their intended purpose over time.
Gronberg stated that the wet ponds were implemented to allow for siltation to occur, and noted
that once ground cover was established there -'as very little silt buildup. Mabusth noted that
if problems occur with the ponds, the homeowners would more than likely contact the City, and
corrective measures could be implemented but it will be the responsiblity of the future
homeowners association to maintain drainage facilities.
Discussion ensued regarding the efforts of the applicant to address the drainage concent.
Gustafson commented he felt that property downstream will benefit from the plan because the
amount of runoff will be slowed, but thaf s as far as they can predict. Discussion ensued
regarding the length of water retention and the amount of water that will be controlled.
Gronberg reviewed the drainage on the Dickey property. He noted they had shifted the proper^
lines to enlarge Lot 8 to allow for creation of a larger pond. They are also directing the
drainage down into a large holding pond which will gather water from the Old Crystal Bay Road
area.
Chairman Schroeder inquired if there had bee.i any further developments in the determination
of historical significance for the proposed park. Jim Ostenson, Tandem Properties, stated they
have a written agreement with Mrs. Dickey to respect this site and even if no conclusion is
reached regarding the historical significance the area will be set aside for some purpose. He
stated that they will have to find an owner for the property, such as the homeowners association
or the City. If it were to become just another lot in the development they would have to go
before the City Council to get approval for an additional lot. He stated they intend to explore
all other possibUities before taking that approach.
MCSUTES OF THE ORONO PLANNING CO^LMISSION MEETING HELD ON
FEBRUARY 22, 1994
m) #1901 1903 TANDEM PROPERTIES - 2645/3025 WAIERTOWN ROAD -
CONTINUED
Chairman Schroeder inquired whether the Commissioners had any opinion regarding whether
the trails in the development should be public or private. Sherokee Use stated that a majority
of the Park Commissioners felt that if the lot did not become a park that the trails within the
development should be private. Because the determination has not been made on the outlot, it’s
difficult to make the determination regarding the trails. They feel the trail along Old Crystal
Bay Road should be public, but are indefinite about the internal trails at this time. Jim Ostenson
commented he felt they should wait and see what the determination was regarding the outlot, and
then decide about the trails after that. Discussion ensued regarding whether the trails should be
public or private and the Commissioners felt that if there is no park, the trails should be private,
but if there is a park, then they should be public trails linking the park to other areas of the City.
Schroeder moved, Peterson seconded, to grant preliminary approval of #1903 Subdivision for
Tandem Properties located at 2645/3025 Watertown Road, subject to the following conditions:
1.
2.
3.
4.
5.
Dedication of plat road within first phase of Dickey parcel subdivision as public road.
Cul-de-sac roads on Coffin property shall be a private road. City to obtain underlying
road and utility easements.
Dedication of drainage and utility easements 5 ’ along all interior lot lines and 10 ’ along
the perimeter boundaries and adjacent to road right-of-ways.
Prior to any site improvements, erosion control as shown on preliminary grading and
drainage plans must be installed and maintained until natjral groundcover is restored.
Prior to site grading improvements, all tested septic sites on the Coffin property must be
fenced off. The following lots in the first phase development of the Dickey property
must be fenced off; Lots 1, 2, 3, 4, 5, 6, Block 1, and Lots 3, 4, 5, 6, and 7, Block 2.
Note Lots 13 and 14, Block 2 will be fenced off at the time of the approval of the second
phase construction for the interior plat road.
Drainfields to be moved 5 ’ to east within Lots 1 and 3, Block 1 to allow for adequate
separation for bike trail.
6. Well pit must be sealed within Lot 2, Block 2 of the Dickey property.
7.The following lots have been found to contain effective wetland areas not designated on
the City ’s conservation area maps;
MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON
FEBRUARY 22, 1994
(#4) #1901 1903 TANDEM PROPERTIES - 2645/3025 WATERTOWN ROAD -
CONTINUED
Dickey parcel: Lot 2, Block 1 - Lots 3, 4, 5, 6, Block 2; Coffin property - Lots
1, 5, 6, and 10. Once again, designated wetlands of the City shall be shown as
drainage easements on the plat. There are no designated wetlands within the
Dickey property but within the first phase of the Coffin property. Lots 1, 2, 7,
8, and 9 are involved with the designated wetland.
Developer shall create covenants to be filed on the Chain of Title of these properties
advising future owners of the limitations on the use of these areas and the need to first
apply to the Corps of Engineers and the Watershed District if any improvements are
proposed at some future date before obtaining the necessary permits from the City.
8.
9.
Developer to install bike trail along Old Crystal Bay Road.
The Planning Commission would like to see the outlet remain as it is and the internal
trails be public trails.
10.Readjustment of Lot 3, Block 1, Dickey parcel, so that 200’ is met to rear of 50’ front
street setback.
11.Drainfields and ponds shall be covered by easements recorded in the Chain of Title and
maintenance shall be the responsibility of the homeowners association.
12.An interim cul-de-sac shall be constructed for Countryside Drive from the west, but the
road shall be platted through.
6 ayes, 0 nays.
PLANNING COMMISSION COMMENTS
Smith reported on the City Council meeting of February 14, 1944 and discussed the items which
were approved. She noted the Lund Estate item had been tabled.
Commissioner Rowlette stated she would attend the .March 14, 1994 City Council Meeting as
the Planning Commission representative.
The joint meeting of the Planning Commission/City Council was discussed. It was decided to
contact Mabusth to determine the most convenient date for the meeting to be scheduled.
8
I
4
MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON
FEBRUARY 22, 1994
ADJOURNMENT
The meeting was adjourned at 10:10 p.m
Charles J. Schroeder, Chairman
MINUTES OF THE MEETING OP THE BOARD OF EDUCATION
OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278
HELD ON FEBRUARY 14, 1994
The regular neeting of the Board of Education of Orono Independent
School District No. 278 was held on Monday, February 14, 1994.
Present: Dave McKown Peg Swanson Thosas Mich
Janes Franklin Pamela Schroeder Neal Lawson
Board members John Maresh and Martha Van de Ven arrived while the
meeting was in progress.
UPON MOTION by Pamela Schroeder, seconded by John Maresh, the
consent agenda was approved as follows:
approved the minutes of the January 24, 1994
regular meeting;
approved the appointment of Cindy Poison as a part-time
special education teacher at Orono Primary School
effective January 10, 1994;
approved the following coaches for winter sports: Brian
Bergstrom, assistant basketball; Steve Boylan, assistant
basketball; Bob Komma, assistant gymnastics; Kelly
Shaughnessy, head mrestling; Tex Ostvig, assistant
wrestling; Jeffrey France, assistant wrestling; Steve
Jones, skiing; Erick Krantz, skiing;
approved the request of Sara Engel to continue her
special assignment to the Ridgedale Alternative Program,
operated by Intermediate School District #287 for the
1994-95 school year;
approved the request of Karen Forsythe, elementary
teacher, for a leave of absence for the 1994-95 school
year;
approved the request of Leslie Larson, elementary
teacher, for a leave of absence for the 1994-95 school
year;
approved the request of Mary Bischoff, high school
language arts teacher, for a leave of absence for the
first semester of the 1994-95 school year;
accepted the resignation of Cleo Bloemendaal, counselor
at Orono Middle School, effective at the end of her 1993-
94 contract;
accepted the resignation of Ted Lockwood, counselor at
Orono Middle School, effective at the end of his 1993-94
contract.
accepted the resignation of Betsy Swartwood, Schumann
Elementary Teacher, at the end of her 1993-94 contract;
i
received thm donation of a Bundy clarinet froa Grociela
Gonzalez to the Orono High School eueic departaent and an
Apple lie coaputer to the aiddle school froa an anonymous
donor;
accepted the Chapter 2/Block Grant award as per the
attached notification:
BLOCK GRANT AWARD INFORMATION ON FILE IN DISTRICT OFFICE
approved the Treasurer's Reports for Novesber and
Deceinber 1993;
- approved the bills as covered by vouchers 080942 through
081282 and office checks as covered by vouchers 4509
through 4537.
Motion carried. Members Maresh and Van de Ven absent.
Or. Mich expressed sympathy to the family of Lee Carlson, a sixth
grader in the middle school, who passed away in the past week. Dr.
Mich gave special thanks to faculty members, counselors, social
workers and many others who worked with the students during this
tragic time. He stated that this has been a difficult year for our
students, faculty and families and he encouraged attendance at a
workshop on loss and grieving to be held on February 17, 7:30 a.m.
to 8:30 a.m. in the Orono Primary School Library and at 7:00 p.m.
in Fenholt Auditorium at Orono High School.
Dr. Mich reported that on January 31 a Recognition Luncheon was
held to honor people for their years of service to the District and
he expressed appreciation to the following people who had a part in
making the luncheon a success: Sue Sjeklocha, Evy Zacher, Jan
Lockwood, Toni Bergland, Tim McGlynn, Don Krubsack, John Oman, Dave
McKown and especially to Gertie Corpe and her staff who provided
the wonderful food; that on February 1 he had held a meeting on
outcome based education for the community to share ideas and ask
questions regarding this issue; that the HTC Superintendent's
Advisory Committee met with Senator Larry Pogemiller regarding the
status/need for the intermediate districts; that on Feb. 15 • 17,
1994, the North Central Visitation Team will be in the Dist.'ict and
they will be reviewing the areas of language arts, reading and
physical education and he reminded Board members that a dinner with
the team will be held on February 16 at 5:30 p.m.; that Sherokee
Isle, from the Orono Parks Commission, has sent a letter '’eouesting
that the District participate in their program called **Adopt a
Green Space" and the District will participate and cooperate in
this program; that individual buildings will be having evening
workshop sessions in lieu of a workshop being held on Good Friday,
and the Board will be kept informed as decisions are made as to
date/times; that he wanted to show the Board the choice for new
band uniforms for the high school and he stated that funds are now
being raised to help with this investment; that the second grade
class had presented him with a huge valentine and a book in which
each student had placed a picture and a written statement on what
they liked about school; that he wanted to present to Peg Swanson
a certificate and a pin honoring her for her participation in over
IOC hours of MSBA sponsored programs and activitiss; that in ths
Consent Agenda the Board accepted resignations for long-time
employees - Ted Lockwood, Cleo Bloemendaal and Betsy Svartvood, and
he expressed appreciation to each of them for their many years of
service to the District.
UPON MOTION by John Maresh, seconded by Jin Franklin, the Board of
Education approved the budget reduction plan for 1994-95 as
follows:
Approved by the Board of Education - February 14, 1994
1994-1995 BUDGET REDUCTION PLAN
$525,000
-120,000
-105,000
- 40,000
- 60,000
- 15,000
- 5,000
- 7,000
- 9,000
- 12,000
- 3,000
- 5,000
- 44,000
-100.000
$525,000
PROJECTED DEFICIT
FREEZE LICENSED STAFF AT 1993-1994 LEVEL EXCLUDING
REQUIREMENTS OF 17-1 TEACHER/STUDENT LEGISLATION
MEET THE REQUIREMENTS OF STAFF DEVELOPMENT LEGISLATION
WITHOUT INCURRING ADDITIONAL COSTS
MAINTAIN BUILDING LEVEL PER PUPIL ALLOCATIONS AT 1993-
1994 LEVELS (IN 1993-1994 THESE BUDGETS WERE REDUCED
BY TEN PER CENT)
REDUCED COUNSELOR POSITION FOR ONE YEAR
TRANSFER OMS CO-CURRICULAR PROGRAM TO COMMUNITY
EDUCATION
PRINCIPAL DIRECTED REDUCTIONS IN SUPPLIES AND/OR
SUPPORT STAFF AT ORONO PRIMARY SCHOOL
PRINCIPAL DIRECTED REDUCTIONS IN SUPPLIES AND/OR
SUPPORT STAFF AT SCHUMANN ELEMENTARY SCHOOL
PRINCIPAL DIRECTED REDUCTIONS IN SUPPLIES AND/OR
SUPPORT STAFF AT ORONO MIDDLE SCHOOL
PRINCIPAL DIRECTED REDUCTIONS IN SUPPLIES AND/OR
SUPPORT STAFF AND/OR REVENUE INCREASES (FEES)
AT ORONO HIGH SCHOOL
DIRECTOR DIRECTED REDUCTIONS IN SUPPLIES AND/OR
STAFFING FOR SPECIAL EDUCATION
SUPERINTENDENT DIRECTED REDUCTIONS IN DISTRICT OFFICE
BUDGET
REVENUE DUE TO INCREASED STUDENT ENR0LU4ENT
PROJECTIONS
REVENUE FROM GENERAL FUND RESERVE.
Dr. Mich provided the Board with information on the 1994-95 budget
reduction plan, a plan that has been developed with the assistance
of the Administrative Cabinet of the School District. He stated
that the plan is designed to provide the least harm to educational
programs, but that reductions of any kind still have an impact.
Dr. Mich answered questions from the Board for clarification
purposes.
Motion carried unanimously.
UPON MOTION by Peg Swanson, seconded by Martha Van de Ven, the
Board of Education approved the Early Childhood Family Education
Coordinator/Teacher contract for 1993-95.
Motion carried unanimously.
UPON MOTION by Martha Van de Ven, seconded by Pamela Schroeder, the
Board of Education approved the School Age Child Care
Coordinator/Early Childhood Family Education Teacher contract for
1993-95.
Motion carried unanimously.
Dave McKown introduced Marvin Johnson, Orono's Board representative
to Hennepin Technical College Board, and expressed appreciation to
him for his dedicated service on this Board for our District.
Mr. Johnson provided the Board with information on the happenings
at HTC and the impact that current legislation will have on the
programs of the intermediate schools. He urged Board members to
express ideas/concerns to the Education Committee of either the
House or the Senate and he stated that he would keep the Board
apprised of the situation on a monthly basis.
Mr. McKown stated that because Melanie DeLuca had another meeting
commitment tonight, the Board would hear her presentation at this
time.
Ms. DeLuca reported to the Board on various activities/programs
that are taking place in Community Education. She provided
information on the Orono Early Childhood Family Education program,
the Youth Development/Youth Service Program and she updated the
Board on the progress/successes of the Orono Student Center as well
as future challenges and needs for the Student Center.
Peg Swanson attended the NSBA Federal Relations Network Conference
in Washington, D.C. held February 6 - 8, 1994. She provided the
Board with information on various federal level issues that were
presented/discussed and stated the conference provided a good
format for gaining knowledge on educational issues as well as a
good opportunity to make contact with legislators.
Dr. Mich presented two calendars, draft #1 which is in keeping with
current legislation that school not begin until after Labor Day and
it also honors the request froa the Metropolitan Jewish coaaunity
that school not be held on September 6 and 7 because these days are
high holy days for the Jewish community. Draft calendar /2 is an
alternative calendar pending legislation in the upcoming session
that would allow school districts to begin school before Labor Day
in those years in which religious holidays occur in the week of
Labor Day. Dr. Mich's recommendation was that the Board adopt both
calendars which would allow the District to act quickly once the
legislature has made its decision.
Discussion ensued with Board members expressing concern regarding
the end of the school year being in June, the two week winter
break, and the law which requires district's to begin after Labor
Day. Dr. Mich stated that the development of more specific
guidelines would be most helpful Ia constructing the calendar.
Jim Franklin MOVED, Dave McKown seconded, that the Board of
Education adopt the recommended calendar and the alternative
calendar for the 1994-95 school year and direct administration to
implement the alternative calendar if that conforms to legislative
action during the upcoming legislative session.
Peg Swanson MOVED TO AMEND the motion striking calendar /I and that
the Board support calendar §2 and in the event that the legislature
does not make that calendar possible, a revised calendar will be
considered. Second by Martha Van de Ven.
Ms. Swanson stated that she does not feel that calendar #1 meets
the educational needs of the students.
The question was called on the amendment. Nay: Jim Franklin and
Dave McKown. Motion passed.
The question was called on the motion as amended. Motion carried
unanimously.
Mr. McKown stated, for clarification purposes, that the Board had
adopted calendar /2 and another calendar will be studied if the
legislature does not allow the early start.
Dr. Mich stated that consideration is currently being given to
holding November elections for school board members and that the
legislature may mandate this change. He stated that this is an
information item for the Board and it is his sense that the Orono
Board intends to wait for legislative action.
Member Pamela Schroeder introduced the following resolution and
moved its adoption:
SCHOOL BOARD ELECTION INFORMATION ON FILE IN DISTRICT OFFICE
The notion for the adoption of the foregoing resolution was duly
seconded by Member John Maresh and, after full discussion thereof
and upon a vote being taken thereon, the following voted in favor
thereof:
Schroeder, Franklin, Van de Ven, Maresh, Swanson, McKown
and the following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
UPON MOTION by John Maresh, seconded by Jim Franklin, the Board of
Education approved the appointment of Mrs. Marge Gasch and Mrs. Evy
Zacher to assist the clerk in preparing for and running the May 17,
1994 School Board election. Motion carried.
UPON MOTION by Peg Swanson, seconded by Pamela Schroeder, the
meeting was adjourned. Motion carried.
John Maresh, clerk
J
GITYofORONO
Municipal OfTkes
Stret t Address:
2750 Kelley Parkway
Orono. MN 55356
Mailing Address:
P.O. Box 66
Crystal Bay. MN 55323 0066
Ceil Strauss
Minnesota Department of Natural Resources
Metro Waters
1200 Warner Road
St. Paul. MN 55106
RE: French Lake North Basin
Dear Ms. Strauss:
The DNR currently maps French Lake Marsh (27-140P) as three distinct basins, with three
different OHWs:
North Basin
South Basin
Former Sewage Lagoon
930.5’
930.0’
934.3’
As you know, prior to the City’s shoreland ordinance review, the OHW for a number of lakes
in Orono including French Lake, had not been determined. In order to define a contour line for
measuring setbacks, the City used a portion of its shoreland grant monies to provide survey work
so the DNR could determine OHWs for these lakes.
Although the City did not and does not contest the OHW elevation results, we do feel that the
elevation differences of the three French Lake basins, as well as their physical characteristics,
suggest that perhaps only the South Basin should be considered as a separate and distinct lake
for shoreland regulation purposes, and that the North Basin and Sewage Lagoon should be
considered as wetland basins.
This distinction is significant in its impact on properties surrounding the North B^in and Sewage
Lagoon. Previously, these properties were only subject to wetland preservation and setback
requirements. Those requirements included:
• 26’ buffer outside perimeter of wetland, within which no filling, gradmg,
construction, etc. is allowable.
• 75’ setback from perimeter of wetland to septic system.
Telephone (612) 473-7357 • FAX 473-0510
Ceil Strauss
March 23, 1994
Page 2
The chanee to a Natural Environment lake classincation for t^ two basins resulted in a more
Sn^^o d increase in structural setback requirement and doubtog of the ^ued st^uc
^^b«k. However, the nature of these two bt^ .s so ut^^t of the typical lake
tolTt^t justification of the increased sed»cks has been extremely difficult.
FoUowing is a paragraph characterizing each of the three French Lake basins:
Sewage Lagoon:
• NWI classification: PUBKGx
I 700- X 1000- depth Wow outM
approxtoately 3-4 ’ but watershed may be too smaU to sustam significant
own water depth; has never been dredged to remove sewage sediments;
w^ constructed ca. 1962, ceased operation ca. 1982; currently con^
significant emergent wetland vegetation; is intended to be preserved by
City as a nature/wildlife area with perimeter hiking trail.
North Basin:
NWI Classification: PSSl/EMC; PEMC
Area: 82 acres approximately
Description: No open water except in remnants of ditch system (pre-
1950s); wetland types include Type 3 (east, southe^t quadrants)
Marsh and Type 6 Shrub Swamp (west half) containing many dead 6
10- nature trees which likely were affected by constmetion of sewage
lagoon ca: 1962 (which may have somewhat raised the water table).
Compare the 1955 and 1989 air photos enclosed.
South (Main) Basin:
NWI Classification: UUBH; PEMlFd .
Area: 100 acres approxinaately (of which approximately 23 acres is open
D«Sption: Open water basin, depth unknown, surrounded by
marsh (Types 3-5); floating bogs common; distinct namral channel
outletting to Crystal Bay, Lake Minnetonka.
Ceil Strauss
March 23, 1994
Page 3
, »« have the North Basin and Sewage Ugoon redesignated as
Please consider our request “ your approval, we will add this to
wetlands rather than as part of the r *: jo^jg will be adopted later this year. Please callthe list of Shorcland Ordinance revisions I anucipate win oe auop
me at 473-7357 if you have any questions.
rMichael P. Gaffron .
Assistant Planning «& Zoning Administrator
MPG/lsv
Pnci • r = 200 ’ Air Photos 1955. 1989
■ . City Maps 1850-60. 1879. 1892
• NWI Map
cc: Jeanne A. Mabusth. Building & Zoning Administrator
Ron Moorse, City Administrator
TO:
FROM:
DATE:
Mayor and City Council
Ron Moorse, City Administrator
March 25, 1994
SUBJECT: Tandem Properties (Dkkey Property)/Bike Trail Update
Several years ago the City developed a trail system plan to identify the future location of
bike/hike trails in the community. This plan did not determine a time line, priorities, or funding
sources for the trail system. The Tandem Properties development proposal includes a bike trail
along tlK portion of the property that is on Uk City ’s trail system.
Prior to the Tandem Properties proposal, the City had considered a joint project with Hennepin
Parks for a trail on Old Crystal Bay Road between the Luce Line and Baker Park. The Council
tabled action on the project to enable staff to find ways to reduce the costs of the trail and to
address concerns of the neighbors.
Some of the costs of the trail have been reduced by moving the trail off the right-of-way to
eliminate the n^ed for curb and gutter at some points. Additional cost reductions will result
from a portion of the trail being developed as part of the Tandem Properties development. One
cost reduction will be the elimination of the n^ for the City to provide landscaping along this
portion of the trail. Also, when the Park Commission recommended that a trail be constructed
by the developer, the developer agreed but indicated the costs of the trail should be deducted
from the park dedication fee. The Council does have tlw option of reouiring the developer to
build a trail without a reduction in L’.e park dedication fee. 1 have attached the memo previously
provided to the Council that outlines this issue.
Additional opportunities for cost reductions could be achieved by phasing the trail over a several
year period so that some portions are constructed at the time the adjacent property is subdivided.
This would enable the City to obtain easements to construct the trail adjacent to the right-of-way
to avoid some curb and gutter costs. It also eliminates the need for the City to install
landscaping along these areas.
The phasing alternative is workable within the Hennepin Parks joint funding arrangement.
Hennepin Parks has indicated they will agree to provide joint funding if the City makes a
commitment within the next five years that a trail will be constructed between the Luce Line and
Baker Park. The City Engineer is in the process of recalculating the costs of the Old Crystal
Bay Road trail project based on a phased approach.
The two neighbors with significant concerns regarding the trail are the Hiles and the
Brandenbergs. In addition to general opposition to the trail by each, the Hiles have concerns
regarding landscaping, drainage, a retaining wall and a fence. The City Engineer is preparing
additional information and alternatives to address each of these concerns in preparation for a
meeting with the Hiles.
Tandem Pm .
March 25, 1994
page 2 of 2
(Dickey Property)/Bike Trail Update
Tte Brandenberg’s major concern is landscaping to replace the loss of the current trees in the
ditch area. The City Engineer is preparing a plan to show how the City ’s proposed additional
landscaping would wortc in conjunction with the landscaping currently existing outside of the
City right-of-way.
•
An additional benefit of phasing the trail is that the City may be able to install landscaping
several years in advance of the construction of the trail and removal of the existing trees
(particularly in the area of the Hiles and Brandenbergs). This would provkte an opportunity for
the new screening to develop prior to removing a portion of the existing screening. The City
Engineer is identifying the areas where this concept could work.
TO:
FROM:
DATE:
SUBJECT
Mayor and City Council
Ron Moorse, City Administrator /
February 4, 1994
: • Subdivision Roquiiumocis Regarding BUce/Hike Trails and Park Dedication Fees
future Bike/Hike . J|“ thJdevelopment plans To this point the City has used this
“^'i^raS right-of-way along the trail routes when a subdivision occurs.
i|l“nt to Old
;^ciTp^r:o‘^^'ie“pC«ri uTalo:; Old Ctys^Ba^. and whether the cost of the
trail consuuction should be deducted from the park dedication fee.
different ways by other cities.
A. nie developer can be required to construct the trail, then be reimbursed for the
costs (reduced park dedication fee).
n <?nrre cities renuire in their subdivision regulations that all roads within aB. Some cities require ui un-u Thf*<e cities view this as a
has located the trails along roadways.
C. The City could require both a park dedication fee and a iraU fee.
Stnff Proposnl w^ina in other cities, each of these is
Since each of these altetnativM b ^ /„a;| that is on the city’s trail system, and
n:^^trofdw!^,^tL:'1-.oper^houid be requite^^^^^^^^^
:^se'""c:.:^“-7St"“cM »f a development, the costs should be
reimbursed through a reduction in the park dedication fee.
since the policy was not clear when the application was made.
. ••