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HomeMy WebLinkAbout05-09-1994 Council Packeti *•! 4 ’ f'•'rftI% #.r*\'f V '.< '>f ?- ■*^ -»-f.- ^*4 . • '\ - J. *f ' ; •■■ , <k f» '■' ? -"*• ■ '>>. r ^ .4 . -.1 • 1 , ■'' V V*! .:•;’Jk **4 «1st J" ..r ¥nisonJones ® ■»•„..:^ |i-;' '» ■ 'V '' V 64 (1524£) File Pocket Red Rope y . »k « V I m r^' ' ''5S '.■• y. ■'>i •X % ■r mmm^ . -;:‘#^ ^ - * -‘,1.’ A. ♦# .J. *i » AAAOf IN Mexico m-^.' A\3'm. *, «'•<*< v:> . w ^- '%->4 - ? 1^'- -^ /fcy- » ■ Jv* 1>X. 'j*l_ .w: -‘4% ' - ■■ • ^'.’: _ -? T =. ^ ■ F ^ # wP*^? -V *~ r 4' W'- .,. J:^f . * % .•f- ^Sx:.^^•■-I n !► ^2 •* ‘i; ■*^'rt, STji^:V-’r-?.‘'■■s^”',‘- W'.w^. • f- X.• ■*•” M-.;'f/- r^.:i 'v r-r ".[s».«r ti ;_ils ■. . ' ■>., : t •■ •■..= . -J^ & V ft. :u.0ki4^. AGENDA FOR COCWCIL MIETXNG SIT FOR IK3I1DAY, MAT 9, 1934, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORC^, 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. Me^s j'egarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL 7:30 P.M. 1. Liquor Violation Hearing Process * 2. CONSENT AGENDA APPROVAL OF MIMUTIS * 3. Regular Meeting of April 25, 1994 C&UKClUaEEl>»u may 9 19*^ CnYOFORONO PARK COMMISSION C PLANNING COMMISSION COMMENTS - Steve Peterson Representative PUBLIC C ITS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT APPLICANTS 6 7 8 9 10 12 13 14 * 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 #1851 Orono Woodlands Inc./Paul Phillips, 2100/2140 Sixth Avenue North - Final Plat of Lot Line Rearrangement - Resolution #1881 John Whitman, 1570 Sixth Avenue North - Conditional Use Permit/Variance - Resolution #1912 Tim Hillman, 400 Leaf Street - Variances - Resolution #1916 Irwin Jacobs, 1700 Shoreline Drive - Variance - Resolution #1917 Frank and Martha Bennett, 315 Tonkawa Road - Conditional Use Permit - Resolution #1920 Phillip Otto, 4116 Highwood Road - Variances - Resolution #1922 Robert & Elizabeth Melamed, 1000 Old Crystal Bay Road South - Preliminary Subdivision - Resolution #1923 Atelier LeSueur, Inc., 2180 North Shore Drive - Conditional Use Permit - Resolution #1924 Don Winter, 4620 North Arm Drive - Variances - Resolution Requested Revision to 1994 Joint Use Dock License - Sandy Beach 1994 Marina Licenses: Sailors World North Shore Marina Crystal Bay Service Lakeside Marina Minnetonka Boat Works MXYOR/COUNCIL REPORT ENGINEER REPORT 1 AGENDA FOR COUNCIL MKBTlliQ SIT FOR HONDAY. MAY 9. 1994. 7:30 P.M. ORONO COUNCIL CHAMBERS. 2780 KELLEY PARKNAY, ORONO. MINNESOTA CITY ADMINISTRATOR'S REPORT 15. 1994 Seal Coating Bid Award 16. Establish Work Session ^ ^ *17. Employment of Temporary Employees at Golf Course CITY ATTORNEY'S REPORT (*I8) LICENSES (*19) BILLS V • UPCOMING ISSUES AND EVENTS 05/09 - Reconvened Board of Review meeting 7:00 p.m. 05/09 - Council meeting 7:30 p.m. 05/16 - Planning Commission meeting 7:CO p.m. « « «, 05/17 - School Board Election Day - No public meetings until after 0 p.m. 05/23 - Council meeting 7:30 p.m. 05/30 - HOLIDAY - Memorial Day 06/07 - Park Commission meeting 7:15 p.m. 06/13 - Council meeting 7:30p.m. 06/15 - Highway 12 Policy Committee meeting 5:30 p.m. Orono Council Chambers 06/20 - Planning Commission meeting 7:00 p.m. 06/27 - Council meeting 7:30 p.m. I! BEQUEST fOR Cv/UN'Ca ACTION COUNCIL IKET1NG may 9 1994 ClfYOFOROIIO DATE: May 5. 1994 ITEM NO:# / Department Ap|»VTal: Name Ron Moorse TNk City Administrator Administrator Renewed:Acmda Section: Adnunlitraior's RqxJrt Item Descriptioo: Liquor Violation Hearings Hearings regarding liquor violations by three (3) establishments In Orono have been scheduled for 7:30 p.m. on Monday, May 9. The city’s 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 CouiKil. 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 the 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. COUNCIL ACTION REQUESTED: Motion to direct the City Attorney to draft resolutions to reflect action to be taken against the liquor license holders for lique law violations. NOTICE ANY PERSON UNDER LEGAL AGE TRYING TO PURCHASE CIGARETTES ALCHOLIC BEVERAGES WILL BE PROSECUTED Stor<‘ l\)licv \(*kiiowl(‘(la‘inent ThL' store strictly suj ^kh Is inipiniuiii-a^ la'' s ;;ovt‘niLn^ the sale of a^t'-restricted products: - do not sell tobacco proilucls or iJoolioIic fK*vcra#*s to anyone luider lejial ase. - If there is any question jiI m mt whether a |X‘rson Is of l<*<:al ap*. we ask to see kkntificatioii. It Ls our store jM)licy to clieck die identi­ fication of anyone who liK)ks like tlwy midit l)e under le«:al Here's a reminder on ho'v \ on. as an employre t'four store, ciui hel|i sup)K)rt the law on our behalf: 1. Visually check for legal age. 2. If doubtful, ask to see iilentification. .3. If the ED is not satisfactor\', DO NOT make the sale. 4. Be firm but polite. State our store policy and remind them of the law. Store Qerk Wetlge ‘i have read and underetand oiu* store |M)licy on age-n*stricte<l prod­ ucts. I haye lieen informed of the lt‘gal ages for buying a^‘-restricteil products in our state, and will not knowing)’ sell tliese agt'-iestricU^ products to anyone under legal age. I will (’ht*ck the identification of anyone who looks like they might l>e imder legal age.” Signature Date MINUTES OF THE REGULAR ORONO CITY COUNCIL I HELD APRIL 25, 19H ^ ____________ __________________MlAI__9 1334 CI1Y OF ORONO ROLL The Council met on the j^bove date with the following members present: Mayor Edward Callahan, Council members Charles Kelley, J. Diann Goetten, Gabriel Jabbour, and JoEllen Hurr. The following represented staff: City Attorney Kevin Staunton, City Administrattx’ Ron Moorse, Police Chief Steplx i Sullivan, Finance Director Thomas Kuchn, Building aixl Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Public Works Director John Gerhardson, City Engineer Shawn Gustafson, and Reewder Barbara Anderson. Mayor Callahan called the meeting to t»der at 7:33 p.m. PRESENTATION • Denise Kautzer Denise Kautzer, State Representative of GFOA, presented a Cenificate of Achievement for Excellence in Financial Reporting to Mayor Callahan and Finance Director Tom Ktiehn for the year ended December 31, 1992. Mayor Callahan congratulated Finance Director Kuehn, Linda Walters, and Charlotte Knutson on the fine job they had done for the City of Orono. Finance Director Kuehn noted that this was the 6th consecutive year the City’s Comprehensive Annual Finance Report had received the award. PUBLIC INFORMATION MEETING (# 1) PROPOSED CLOSURE OF PROSPECT AVENUE Moorse reviewed the proposal to close approximately 200’ of Prospect Avenue to eliminate the roadway through the park area, and eliminate possible safety problems which could arise if that portion of the roadway is left open. Cun Quady, 1223 South Brown Road, asked why they were not proposing to close Crystal Avenue also, since it too went through the proposed park. He stated he was in favor of closing Prospect Avenue, but felt that Crystal Avenue should be closed as well. Lili McMillan, Park Commissioner, stated that they felt that closing both roads would create too great a disruption to the neighborhood. Terry Morse, 2880 Spates Avenue, stated he was appreciative of the park and supported the closure of Prospect Avenue. Judy Christenson, 1251 South Brown Road, inquired if the roadway were closed rather than vacated, would that mean the City could not have any structures on the property. Mayor Callahan responded that would not be a problem. Jabbour commented the intent of the Council was to turn this area into a park as was promised to the neighborhood. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETB^G HELD APRIL 25, 19H (#1) PROPOSED CLOSURE OF PROSPECT AVENUE (CONTINUED) Goetien commented she siq^portcd dosing Prospect Aveiwc but felt that to also cU»e Crystal A....... ____ . »/«tKm MiohKnrtknnH f«lt the DTescnt OrODOSalShe felt the present proposal was a reasonable solution. Kelley concurred, and noted he supported the proposal. Mayor Callahan agreed, and inquired if the road closure would ad\'crsely impact the parking at the Art Center. Mabusth responded negatively. It was moved by Hurt, seconded by Jabbour to authorize the closure of Prospect Avenue from Brown Road (Co. Rd. 146) to Arbor Street. Ayes 5, nays 0. (•#2) CONSENT AGENDA Kelley requested that items #13 and #14 be added to the Consent Agenda. It was moved by Goetten, seconded by Hurt to approve the Consent Agenda as amended, Ayes 5. nays 0. APPROVAL OF MINUTES (*#3) REGULAR MEETING OF APRIL 11, 1994 It was moved by Goetten, seconded by Hurr, to approve the Minutes of the Orono City Council Regular Meeting held on April 11, 1994 as submitted. Ayes 5, nays 0. PARK COMMISSION COMMENTS - Rkhard Flint There were no Park Commission comments. PLANNING COMMISSION COMMENTS - Sandra Smith There were no Planning Commission comments, PUBLIC COMMENTS Curt Quady. 1223 South Brown Road, stated he had requested the City to remove the trees in the alley behind his house three years ago, and had not had any action to date. He stated he had discussed the problem with his neighbors, and they supported him in his request to have the trees removed. He noted that there are a couple of power lines which go through the trees which will require that they be professionally removed. Gerlwdson requested the Council to allow him to review the situation and get complete information befoie making any arrangements regarding this request. Mayor Callahan requested that Mr. Quady meet with Gerhardson to review the situation, and then make a recommendation to the City Council for authorization to proceed with the tree removal. 4 rm MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 POLICE CHIEF’S REPORT Sullivan presented his report to the Council and gave an arwUysis of the statistics related to the 1993 Police activities. He introduced Lt. J. Marc Fritzter, who had submitted his resignatkm from the Police Department. Mayor Callahan expressed regret that Lt. Lritzlcr was leaving the Polk* Depanment and thanked him for his many years of dedicated service to the community. ZONLNG AD.MINISTRATOR’S REPORT (#4) #1901 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - MIELIMINARY SUBDIVISION - RESOLUTION NOJ415 Dick Putnam. Tandem Properties, stated they were requesting to remove Outlet A front the Preliminary Plat approval, because they had not been able to determine it’s status officially as to whether that parcel contained sacred ground. He had approached the Council of Indian Affairs, which was undergoing personnel changes, and had not been able to get them to make a determination. He requested that the Council delete Outlot A from the plat, and postpoi* action regarding the park dedication credit until review of the second pha^ subdivision of 21 lots. He stated they would plat the easements for the internal trails, so that Outlot A will be connected to the trail system whether it’s determined to be a public park or internal open space for the development. Jabbour stated he was very uncomfortable allowing any development to occur until they knew exactly what ground was sacred ground. Putnam responded that they were having difficulty in getting someone to take an official position on that issue. Mayor Callahan noted that the State Highway Department had not taken a position regarding this site because no one could tell them whether the land was sacred, and he felt that the City should avoid making a determination regarding whether the land was a sacred site. Discussion ensued regarding the possibility of getting some agency to make a determination within a reasonable Icneth of time, so that the development could proceed. Putnam commented that Outlot A was not required by me City ’s park plan, but he felt they should receive credit for the dedication of the outlot against the park dedication fees. He noted that they had been informed that the land they had purchased for this development contained a site of historical significance, and they paid for that area along with the rest of the property. He felt they should not be charged park dedication fees on land they were going to dedicate as public property. Hurr inquired if the preliminary approval called out the proposed use of Outlot A and was the area of the park included In the determination of the park dedication fees. Mabusth responded affirmatively, and noted that the Council had given clear direction regarding the dedication of Outlot A as a public park and that the area would not be credited against the park dedication fee. Putnam commented he felt that the developers should be given credit MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 (#4) #1901 TANDEJM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - RESOLUTION NO. (CONTIP*IUED) for the three in Outlet A aral should not be charged park dedication fees on land that would be public land. He stated that Mrs. Dickey had wanted the site protected and they believed that the City was the best agency to do that. Mayor Callahaii noted that a homeowners association would have difficulty when people from outside the neighborhood wanted to visit the sacred site, and he believed the City was the proper agency to deal with that issue. Sherokee Use requested the Council to delay taking action to allow her to work with Mr. Putnam to resolve the issue of the sacred site in Outlet A. She noted that the first people who alter a sacred site are tne people responsible to prove whether it is or is not a sacred site. If the City accepts the site then it will become the City’s responsibility to prove whether it is or is not sacred land. She felt this should be established prior to the City accepting the land. Mayor Callahan stated he felt that some action needed to be taken because this issue had been discussed and no resolution appeared to be forthcoming in the near future. It was moved by Callahan, seconded by Kelley to deny the developer’s request and adhere to the decision made previously regarding the park dedication fees, except that the area included in Outlet A should not be included in the total value of the property for the computation of the park dedication fee. Ayes 3, nays 2. Jabbour stated he would not support the final subdivision until a final determination was made regarding the location of the sacred site on the property. (#5) ZONING AMENDMENT - SECTION 10.56 SUBDIVISION 3, ORDINANCE 126, 2ND SERIES Goetten reviewed the staff report. It was moved by Callahan, seconded by Goetten to adopt Ordinance #126, 2nd Series, an ordinance amending Orono’s Zoning Code Section 10.56, Subd. 3, amending the definition of "Top of BlufC. Vote: 5 Ayes, 0 nays. (♦#6) #1792 MINNETONKA POWER SQUADRON - CONDITIONAL USE PERMIT - RESOLUTION NO. 3416 It was moved by Goetten, seconded by Hurr, to adopt Resolution No. 3416 approving Conditional Use Permit #1792 for Minnetonka Power Squadron. Ayes 5, nays 0. I I MDOTTES OF THE REGULAR ORONO CirY COUNCIL MEETING ISLO APRIL 25, 1994 (•#7) MINNETONKA POHXR SQUADRON - i»4 JOINT USE RESOLUTION NO. 341* CK LICENSE - It was moved by Goetten, seconded by Hurr to adopt Resolution No. 3418 issuing a 1994 Joint Use Dock License to the Minnetonka Power Squadron. Ayes 5. nays 0. MAYOR/COUNCIL REPORT Kelley stated he was very concerned about taking any action which would get the Department of Transportation involved, and he stated he was opposed to any development resulting from the proposal to annex property to the City of Way/ata which could increase the traffic on Highway 12. (#8) MNDOT AGREEMENT - OLD CRYSTAL BAY ROAD BRIDGE Orhardson stated that MnDOT serves as the City’s agent to apply for the federal funds and the agreement needs to be updated. It was moved by Hurr, seconded by Goetten, to approve the agreement as submitted. Ayes 5, nays 0. PUBLIC LN FORMATION AL MEETING (#9) RECONSTRUCTION OF BROWN ROAD NORTH Gustafson reviewed the plans for the reconstruction of Brown Road North using MSA (Minnesota State Aid) funds. He discussed the dimensions of the proposed street improvements and discussed the drainage areas that will be affected. He reviewed the tree replacement program which will replace trees lost during the construction. He noted that ninety-three percent (93%) of the costs for the reconstruction of the roadway will be reimbursed from MSA funds. He stated that if the Council approved the plans, construction could begin shortly, and would be completed next fall. He noted that they will need to acquire some temporary easements, which will be needed before construction can begin, and it may be that a few permanent easements wiU be needed once final roadway plans are developed. Jabbour inquired if the parking were eliminated how much would that reduce the cost. Gustafson responded that he did not have those figures available. Gerhardson stated that different roadway widths were discussed during a work session and they would be able to eliminate the parking on one side an J use no parking signs which would permit parking on one side of the roadway only. Kelley noted that they weie considering the feasibility study only and that did not mean that the roadway would actually be reconstructed. Goetten inquired if the improvements would reduce the potential for accidents and Gerhardson responded that he did not have any statistics available on that issue. MLNUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 (#9) RECONSTRUCTION OF BROWN ROAD NORTH (CONTINUED) Dennis Kirby. 1020 Brown Road, sated that he believed Brown Risd homeowners would support a roaw! that was 28 feet wide. Denny Platietcr, 809 Brown Road North, commented that elimination of four feet for parking was incorrect, since vehicles were more than four feet wide. Gusatson responded that ^ minimum width they can make the road would be 28’ since that is the current sate sandard. and if they don’t construct it to that width, they will not receive any MSA funding for the project. Gerhardson sated that the roadway is presently 22 feet wide. George Johnson, 879 Brown Road, sated they had all signed a petition requesting a 28 foot wide roadway. He noted that he did not see cars parked along Brown Road now unleM it was a special occasion. He felt that the parking lane could be eliminated. He sated the road needs something done, but it does not need more traffic. He sated that at the rate ibe arw was developing, the traffic would increase, and speed was a problem now. He inquired it sewer would be insalled when the roadway was upgraded. He also commented that he would like to see the bike path insalled. as it was in Sugarw(on Jo Corneal, 2101 Sugarwood. sated that presently the road was very dangerous, particul^ y during the winter months when everyone would drive down the center of the road^ She tcit something needed to be done to make the road wider. She supported the bike path and Jogging trail, and believed the neighbors supported it also. She sated that the interswtion of North Brown Road with Highway 12 was hazardous and traffic is dange oiw thw. Mayor Callahan commented it is not yet known how that intersection will be configured. Tom l-ine, 915 Brown Road, sated that the widening of the road will bring the trail and walkway within 25 feet of his front door. He requested that some of the construction be done on the cast side of the roadway to reduce the impacts on his property as much as possible. He sated he felt that a parking lane was not needed. Gusafson stated that the roadway was going to be centered within the City’s right-of-way but they will be looking at how it impacts adjacent properties. Mr Schultz 744 Brown Road, sated he supported the upgrading of the roadway but was opposed to the parking lane. He felt the trail should be located up against the road bed and eliminate the grass median separation between the road and wil to reduce die for construction. Mayor Callahan responded that the safety factor was higher if the trail was separated from the roadway by a median. Schultz was concerned about the drainage and whether the new roadway would increase the problems in the area. Gerhardson rwponded tJat they are reviewing the drainage plans and will meet with the homeowners to discuss the plans. Joe Lucas, 1060 North Brown Road, sated he supported upgrading the roadway but was opposed to the parking lane. I MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 19M (#9) RECONSTRUCTION OF BROWN ROAD NORTH (CONTlNtED) Dale Lindquist, 780 Brown Road, concurred with Mr. Lucas. Irma Alvord, 960 Brown Road, also concurred. Charles Schroeder stated Iwi supfKMted the upgnuk for the rosuiway, without a parking lane, and he felt that the bike path should be narrower than the 8’ suggested to keep the ro«Kl narrow and solv-e problems. He sug;^estcd that perhaps the roadway could be constructed as a rural seaion rather than an urban section to reduce costs. Carolyn Parrish, 1995 West Farm Road, stated she supported the upgrade, but was oppcKed to the parking lane. Dennis Platteter inquired if there would be any special assessments to homeowners resulting from the roadway upgrade. Mayor Callahan responded that only 93% of the funds would be reimbursed trim MSA funds, and the remainder of the money would have to be acquired from other sources. Mayor Callahan closed the public meeting. Goetten commented she felt that a feasibility study should be done to pull some coiKrete figures together. Kelley stated that he was opposed to placing no parking signs all along the roadway. Goetten requested people to keep the easement money requests lower, which would in return reduce the rc^way costs, particularly for temporary easements. It was moved by Goetten, seconded by Jabbour, to direct staff to prepare plans and specifications and advertise for bids for a 28’ residential design ro^ul with a bike path. Ayes 5, nays 0. CITY ADMINISTRATOR’S REPORT (#10) CITY OF WAVZATA F JBLIC WORKS FACILITY Robert Gisvold. Mayor of Wayzata. reviewed their proposal to construct a new public works facility on land currently located in Orono. He described the proposed location and the sight lines from adjacent properties. He discussed the present situation in Wayzata and outlined the reasons why they need the new facility where they can have everyone under one roof. He stated the proposed site is owned by the City of Wayzata but is located within the municipality of Orono. They proposed that the land be annexed into the City of Wayzata, and in return there are some parcels of land in Wayzata, which should probably be annexed by Orono. He noted that the land they own is non-taxable, so Orono will not lose any tax revenues by allowing it to be annexed into Wayzata. Mayor Gisvold stated there would be approximately 15 vehicles entering and leaving the facility in the morning and evening hours, but because the work day began earlier and ended earlier than rush hour traffic, he did not believe it would create a problem in this location. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 (#10) Cmr OF WAYZATA PUBUC WORKS FACILITY (CONTINUED) He did noc believe that there would be any significant increase in the ffaffic levels, and certainly not enough to warrant a signal at this location. Gisvold stated that they had been approached by both Orono and Wayzata Hockey Association regarding the possibility of locating an ice arena on the site which would be used for practice only; there would not be any games scheduled, and thus there would not be any spectators. He noted that it was not a package deal, but was something to be considered for pzn of the site, since the public works facility would not utilize the entire area. Kelley inquired if sewer was available for the property and Gisvold responded that they would prefer to use a septic system to keep the costs down. The Wayzata City Engineer stated they have ncK done a study nor investigated whether the building would be sprinklered. He stated they may be able to connect to the sewer in the vicinity and that option will be explored. Kelley stated he would be opposed to the project if they have to install a semaphore signal at the intersection because he drove that way every day and traffic was backed up now. Goetten commented that it was too bad that there could not be joint facilities shared between the two neighboring cities to keep costs down. Gisvold responded that had been discussed, but Orono felt that Wayzata ’s proposed location was not suitable for Orono’s needs. He iKited that if a stop light is installed it will be paid for by the City of Wayzata. Jabbour commented that he was present when the public works facility was initially proposed by the City of Wayzata and he thanked them for not proceeding with the annexation process at that time, which could have been done. He felt that the plan proposed was a good one and if they annexed the land into Wayzata, then the problems with the sewer/septic system would become theirs. Discussion ensued regarding the total acreage the City of Wayzata wished to acquire, and it was believed to be five acres. The proposed parcels to be transferred to Orono were discussed. Discussion ensued regarding the traffic levels on Highway 12 and the addition of traffic signals to Highway 12. Hurr inquired if they were considering a joint hockey faci'ity between Wayzata and Orono and Gisvold responded that they are thinking about it. The design of the proposed building was discussed. Mayor Callahan commented he believed the public works facility idea was a good one, and he felt that staff should work with the City of Wayzata to determine which properties would be involved in annexation trade-offs and resolve the issues and concerns related to the proposal. 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 (#10) CITY OF WAYZATA PUBUC WORKS FACILITY (CONTINUED) It was movol by Jabbour, sccorakd by G »cttcn, to direct staff to work with the City of Wayzata to develop a plan addressing the concerns discussed and the annexation aixl trMle- offs. Mayor (Callahan moved to amend, Jabbour seconded, to table the item until staff can submit a report detailing the proposal. Ayes 5, nays 0. (#11) 1994 BOARD OF REVIEW MEETING Tte 1994 Board of Review Meeting is scheduled for April 28, 1994 at 7:00 p.m. (#12) SCHOOL LIAISON OFFICER Moorse reviewed the staff report regarding the employment of a part-time police officer as the school liaison officer. Huir was concerned about the salary requirements for the part- time officer, and the potential for unemployment benefits having to be paid if the program terminated. Sullivan responded that the officer was a part-time police officer, and there was no limit on the hours required for that designation; therefore if the school liaison program were to end, the officer could be returned to part-time status, with fewer hours, and the issue of unemployment would be avoided. Hurr commented she was concerned about the wording in item #2, and Moorse responded that the phrase ’based on estimated City costs* would address her concern and clarify the language. It was moved by Callahan, seconded by Kelley, to conceptually approve the agreement, subject to review by the City Attorney. Ayes 5, nays 0. (•#13)PURCHASE OF FAIRWAY MOWER FOR GOLF COURSE It was moved by Goetten, seconded by Hurr, to authorize the purchase of the Steiner Model 420 tractor/mower from Land Care Equipment in the amount of $24,580.00, including tax and trade. Ayes 5, nays 0. (•#14)DAVID MAASS ART WORK DONATION It was moved by Goetten, seconded by Hurr, to accept the donation of the wild life print from David Maass, and to follow through to prepare the print and the small plaque for display in the Council Chambers lobby area. Ayes 5, nays 0. MINirrES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 (#15) STEP ADJUSTMENT - OFHCE DAVID MCNICHOLS Moone rcvawal tia staff rcpOTL It was nwvcd by Mayor Callahan, seconded by Goetren, to increase Officer David McNichols’ salary from $16,944 per hour to $18,826 per hour as of March 16, 1994, as per the 1994 LELS contract currently in effect. Ayes 5, nays 0. (#16) MICHAEL CARLSON P.E.R.A. CONTRIBUTION - RESOLUTION NO. 3417 It was moved by Mayor Callahan, seconded by Jabbour, to adopt Resolution No. 3417, to declare that the part-time position held by Michael Carlson is that of a Police Officer. Ayes 5, nays 0. #17) 1993 BUDGET ADJUSTMENTS It was moved by Mayor Callahan, seconded by Hurr, to table this item. Ayes 5, nays 0. (#18) RESIGNATION OF LT. J. MARC FRITZLER It was moved by Hurr, seconded by Jabbour, to continue discussion of this item to a work session. Ayes 5, nays 0. (•#19)LICENSES Hurr moved, Jabbour seconded, to reconsider this item. Ayes 5, nays 0. Hurr requested that :he home ocerpation license for Russell A. Norum be removed from the agenda because the prcp**»l;' hi* a sign, which she believed was not permitted. It was moved by Jabbour. seconded by Hurr to approve the following licenses: Commercial Kennel License Septic System Installers The Dog House Boarding Kennels, Inc. Brian Fulmer 3505 Wayzata Boulevard McCarty Water & Waste, Inc. Maple Plain Ingleside Eng. & Const. Inc. Loretto Ayes 5, nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 (•#20)BILLS It was moved by CkKttcn, seconded by Hurr, to approve payment of the All Furids Account. Ayes 5, nays 0. ADJOURNMENT The meeting was adjourned at 10:55 p.m. Edward J. Callahan Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk COUNOLIKEn REQUEST FOR COUNCIL ACTION MAY 9 ^MN^^’^^cnYOFOWW 1»* Department ApproraL Name Jeanne A. Matmsth Tille Building 4 Z^onii^ Adm^strator Adminisfrator Reriewed:Agenda Section: Zoning Item Description: #1851 Orono Woodlands, Inc./Paul Phillips. 2100/2140 Sixth Avenue North - Subdivision of a Lot Line Rearrangement - Resolution List of Exhibits A - Final Plat Approval Resolution B - Phillips Letters of 11/27/93 C - Resolution #3332 Vacating Drainage and Utility Easements as Required for the Replat of the Property D - Minutes of the Orono Planning Commission Meeting 8/16/93 E - Final Plat Description of Request Council was first asked to consider the proposed lot line rearrangement in September 1993. The application was originally accepted by the City as a simple metes and bounds division but staff was advised by applicant’s surveyor that the proposed simple division would have to be completed as a formal plat. It was at that time the applicant was advised of the need to vacate the drainage and utility easements along the lot lines as originally platted in the Eckstrom Addition and Phillips Woodland Terrace plat. Council has approved the vacation of the drainage and utility easements in September of 1993 and at that same time approved the installation of a new septic system to serve the Orono Woodland’s Home. The system has been installed and applicant provided a letter in November agreeing to the completion of the final replatting of the property in the spring upon their return to Orono (Exhibit B). The plat has been executed by the City of Medina because the northern portion of the properties are located within the Medina boundary. The City Council is now asked to complete the execution of the final plat that will provide for the rededication of drainage and utility easements along the new lot lines as shown. The enclosed approval resolution has been drafted per the findings and conditions of the original subdivision approval by the Planning Commission in August of 1993. Refer to Exhibit D. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed approval resolution of the subdivision of a lot line rearrangement of the properties located at 21(X)/2140 Sixth Avenue North. A RESOLUTION APPROVING THE PLAT OF PHILLIPS WOODLAND TERRACE SECOND ADDITION FILE NO. 1851 WHEREAS, the City of Orono » a municipal corporation o^gani^ed and existing under the laws of the Sute of MiniKSOta; and WHEREAS, the City Council of the City of Orono has adopted subdivision rcgulatbns for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application of Paul R. Phillips and Mary B. Phillips and Orono Woodlands, Inc., a Minnesota non-profit corporation, hereinafter the subdividers of a plat of a lot line rearrangement; and WHEREAS, the subdivision has been found to meet all standards of ite RR-IB, Rural Residential Zoning District, finding that each lot is of a size and configuration that will allow its continued use without the need of any variances; and WHEREAS, the subdividers have completed all requirements of the platting regulations of the City, including: 1. Approval of the vacation of drainage and utility easements over Lot 2, Block 1, Eckstrom Addition and Lot 4, Block 1, Phillips Woodland Terrace per Resolution #3332 as approved by the Orono City Council on September 27, 1993. 2. Dedication on the plat of drainage and utility easements. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Phillips Woodland Terrace Second Addition, Hennepin County, Minnesota, subject to the following conditions: 1.Said plat shall be filed by the City of Orono with either the Hennepin County Recorders Office or Registrar of Titles Office on or before November 9, 1994 together with a certified original copy of this resolution. Page 1 of 2 The approval granCed by this resolution shall expire if the plat has not been filed by the date specified above. In that event it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 9th day of May 1994. ATTEST; Dorothy M. Hallin, City Cleric Edward J. Callahan Jr., Mayor STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of May 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 2 of 2 J I m# WOOditindM 2100 6th Ai r So.. Lone ImL . MS >>336 Tt lephont' 473-5737 Noiwber 27# 1593 Jeanne A* Ilabusth Btdlding ft Zoning Adninistrator City of Orono Box 66 Crystal 3ay,rn# 55323-0066 Dear Jeanne: This win conflra our phone conversation ref^arding the final plat for the lot line revisions between the lots of Orono Woodlands and the Phillips. The city of Minneapolis did not approve the preliminary plat in time for Mark Gronberg to complete prior to our leaving tenm. Therefore, we are agreed to postpone bringing this Plat to the city council until after the first of next year. It is my understanding that this will not create any problem and that final approval and recording of this Plat can be done next year. Thank you for your help. cc Hark Gronberg : ‘ DEC 2 1395 Orono \Voo<..tituls. Inc.—A Son Profit Home for Dccclopmentalh) llandicappcrl Persons. 6177085 CITY of ORONO RESOLUTION OF THE CITY' COITVCIL NO 8 8^2 _____ A RESOLITION VACATING A DRAINAGE AM) ITILITY EASEMENT OVER LOT 2, BLOCK 1, ECKSTROM ADDITION AND OVTR LOT 4, BLOCK 1. PHILLIPS WOODLAND TERRACE, FILE NO. #1872 WHEREAS, City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesou; and WHEREAS, on August 27.1993. Paul R. Phillips and Orono Woodlands Inc., a Minnesou non-profit Corporation filed a petition wirh the City of Orono requesting the vacation of drainage and utility casements originally dedicated in the plats of Ecksirom Addition and Phillips Woodland Terrace legally described as follows: the existing drainage and utility easements over Lot 2, Block 1 , Fckstrom Addition and over Lot 4. Block 1. Phillips Woodland Terrace, as dedicated in the respective plat thereof, Hennepin County, MimasoU; and WHEREAS, after due published and posted notice, a public hearing was held before the Planning Commission on September 20. 1993. regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, after due standing and consideration, the Planmng Commission recommended unanimous approval of the proposed vacation and the Courrcil of the City of Orono finds that said vacation as proposed is in keeping with the public interest and m consideration of the following: 1 A current plat of a lot line rearrangement involving both properties finds it necessary to vacate the original dedicated drainage and utility easements and rededication of new easements to conform with newly defined lot line. 2. Portion of the existing drainage and utility easements ’would intersect a future drainfield site serving one of the properties. TRANSFER ENTERED 0£ft Of pnoptarv tm i pubuc mcaws NOV 3 ess Page 1 of 2 DEPUTY cmr of ORONO KESOUmON OF THE CITY COUNCIL NO. 88 D? 3. Portions of the dedicated drainage and utility easements as it currently exists would serve no public purpose. NOW, THEREFORE BE IT RESOl^VED, that the petition of Paul R. Phillips and Orono Woodlands Inc., is hereby granted by the Council of the City of Orono and that the drainage and utility easements legally described above arc hereby vacated. The granting of the petition is subject to the condition that upon vacation applicant shall rededicate drainage and utility easements within the plat of the lot liiK rearrange as follows: 10’ along the perimeter of the lot lines and 5 ’ along the shared lot Ii». . Adopted by the Orono City Council of the City of Minnesota, a regular meeting held on anber 27i 1993. City Clerk Edward J. Caiiah Mayor STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on Uiis 27th day of September, 1993, be Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. USDA S. VEE notary pubuc - Minnesota HENNEPIN COUNTY My committion «xpirM 0-12-OT (/a Notary Public Page 2 of 2 RESOLUTION I fi 8 c 2 STATE OF MIHaESOtA COUliTT OF HEMHEPIN CITY OF OROHO ) ) ) ) ) I -,rothy M. H.mo, City Cl.rk of th. City of Orooo. Htnn.pll. County Minnesota, do hereby certify that I have coapared the and~7TFF ^t*^c5^^of^Iaitl resolution was duly adopted by said City Council at said Beeting. In Witness Whereof, I have hereunto set 28th_. «*«y -_ _ _ _ _September- - hand and seal this . 1993 (\ orothy allln, City Clerk ‘^'e a L y ^ ! t y. _ . 1%.,. • * “V -r>'■ .f'* ft* ^ ■* e ! I #♦ * a • — »■ - a •• i/\ i--~ '.i —^ . 'X- -.2.. i POPHAM HAIK SCW»0«ltlC« • &AW?iiAII. LT# y ft. •CM*. C4 Tiw «-s; SyiTC 1900 f2t lowry Wiwtm §T»tlT BMlwtAroLi*. Miww«»OTA 99401 TtL 9 I 2191-40OO WAR •t2-114-1119 iMTCMMkTlMAV O^^tCSA- ^9%. •< !«• 94* V! •rwrr4*m. m •«•*•»▼ Tvw •if«9 9ll-tM9a9 W»»wi WT4>l> O.C. Til. Mt-Mt CAHOii HA«Tuiay OifiCST DtAL (*t*) >*•-*»** f t ‘r * : *• NovemtKT 29, 1993 Ms. Jeanne Mabusthi City of Orono P.O. Box 66 Crystal Bay, MN 55356 riGV 3 0 Dear Jeanne: Enclosed are original resolutions which were filed on your behalf in Hennepin County. Resolution 3322 (#1853/Engebretson). Document No. 6174179. filed 10/29/93, Resolution 3328 (#1858/Merideth), Dovumeni No. 6174180, filed 10/29/93. Resolution 3331 (#1870/Carlson), Document No. 6174181, filed 10/29/93. Resolution 3332 (#1872/Phillips), Document No. 6177085, filed 11/3/93. Resolution 3336 (#1855/Bowman), Document No. 6174182, filed 10/29/93. Should you have any questions regarding the above, please do not hesitate to calL Sincerely yours. Ca^iAi JblaiSS» ^ Carol Hastings Legal Secretary enclosure cjh 07/2201493911/29^ D' Mivirres OF THE ORONO PLANNING COMMISSION MEETING nptn august 16, im ZONING FILE #18» - CONT. ^ M fid that would live an Jdditionans j.f. He added that plans had been looked atGerald Sieff ^ tot o^g^ ^ gravel driveways or stone walkways. Schroedcr noted that was a fair point. ^ .* />rHiTv»nrp jimendment may be needed or an official policy defining #1829 for Dune E. Sieff. shed and in the 73-230' of to ’ Motion was voted against hy Smith and Nolan. Chair Schroeder suted to motion does not carry it and goes to CouncU as a draw on September 13ih. - PUBLIC HEARING 8:52 TO 9:05 The Affidavit of Publication and Certificate of Mailu^ were noted. Paul Phillips was present. Mabusth explained that Orono Woodlan^^ Inc.^s aja^ej undersized and trenches were tro deep. property to the southwest which Applicant seeks areas outside of to to on to property. An meets the 20 ’ required setback. At this ^ located on the new lot line equal exchange of land is proposed with t^s suWw^on. Drainage and utility m^t be relocated. There are no records o the complexity of the easements must be vacated and new with a pUt. As there metes and bounds description, the ® ^ recommends that after vacation is an emergency need for instalUnon construction of the septic, easements arc filed, applicant be aUowed to proceed witn consmu^u minutes of THF ORONO planning commission 3VIEET1NG ' HELD AUGIST 16, im ZOND<G FILE #1851 - CONT. Petenoo isked how the dischujc of the water wfteoer tbrough aa todependem separate facility would be accomplished. Mabusth sated it would be an outlet to the tear of propeny. Water softeners create a burden for rural properties. Although the soft water is clean, it does have an impact on a septic system especially one that is under heavy usage. Nolan asked about the relocation of the two buildings as the back drops off significantly. Phillim stated that one is all right and the other one can be pushed back 10* if necess^. Tte ^tne”" Z close to'the line is used fo. tool storage a»i will not t* on woodla^ property. He wUl give permission for use on his property. The one further back is okay where it is and has a primary use for storage of the lawn mower. Smith asked why the property line wasn’t even when there was an even exchange of property. Rlillips explained that he is giving np 6.000 s.f. in the southern “"f If is needed to accommodate a future 2-acre lot in the front half of his 4 1/2 acre lot. Mabusth staled the recent survey suggests the existing smictute is froin the west side lot line. This would be an attempt to bring it into conformity along the west lot Ime. Smith inquired what precautions can be made to ensure that similar septic problems don't arise in the future. Mabusth said meters are used in mral areas. The site evaluator has also provided pmcedures to protect and define septic areas where questionable uses exist. Phillips commented he diougbt be had a second^ si« w^a go^ pr^ ^1'“^ found it to be poorly designed and constructed and also inspected by typoo y. should have detected that it was undersized. Mabusth repUed it would appear that the water use was not anticipated. Phmip. said the amhitecr. buUder and everybody tow wha. the hope was to be used for. He is not a water expert so was not aware of the problems. minutes of the orono planning commission meeting HELD AUGIOT 16, 1993 ZONING FILE #1851 - CONT. It was moved by Peterson, seconded by Smith to recommend approval of U was n» 7 PhilliDS 2100/2140 Sixth Avenue North for a lot line DTODO^ Smith added that some of the recommendations by the testing be i^^^ted specifically the recommendanon to install low water use toUcts. Ayes 4, nays 0. Chair Schfoeder called for a recess from 9:00 to 9:07 p.m. (#8) #1846 ALAN AND LESLEE UPIN VA r Sn ^:T^^ hearing - 9:08 TO 9:36 P.M. Alan Upin and Leslee Upin were present. 584 s.f. and applicant proposes 394 48« ^otal hardcover on the site exists at 34.6% and is propose at 33.4» iiiere wiU be S’ in from of that setback line by the exisui« smi^ of tio is 60' from the lakesbote. average lakeshote setback line. -Ibe exist^ „r 13 3% setback variance.The S^ned structure wiU be located at 65' requiring a 10 or 13.3% seioacx variance street yard. Chair Schroedcr asked for those dimensions. Mabusd. figured 15’x6- for brick paUo mid 5'x7- for the concrete pad. - s: Mabosth stated that was not shown in the hardcover calculations. , ft m • REQUEST FOR COUNCIL ACTION DATE: >*AY 9 1994 ' »rORnuITEM NO.: '•UltO Departirent Approval: Nmm Michael P Gaffron Title Aisl. Planninf & Zooing Adm Administrator Rcvirwed:Asrnda 5i«ction: ZoOIRf Item Descripthm: #1881 John and Donna Whitman, 1570 Sixth Avenue North - Variance/CUP - Resolution Application: Request for approval to construct a driveway erasing over protected tributary’. List of Exhibits A - Resolution B - Notice of Planning Conimission Action C - Memo and E.xhibits of 4,'15/94 Discussion Please review the memo and exhibits of April 15th. Brictly, applicant proposes to construct a driveway across the protected tributary creek leading from Holy Name Lake in Medina to Long Lake. Planning Commission reviewed this application on April 18, 1994 and recommended approval on a vote of 6-0 subject to a number of conditions (see Exhibit B). Planning Commission did not specifically address the magnimde of the inherent hardcover variance in their recommendation. Staff has added a fmding tliat the driveway, whether paved or not, is considered hardcover, and a condition that the hardcover driving surface not exceed the proposed 12’ in width. This yields approximately 155 lineal feel of driving surface 12’ wide for a total of 1,860 s.f. of hardcover or 1.5% of the approximately i:0,000 s.f. 0-75’ zone. Staff is advised by MCWD that they are about to issue a permit for this project subject to obtaining all other required permits. The DNR is not requiring a permit based on the size of the upstream watersKeJ. Applicant is aware of the potential for construction of a sedimentation basin on the property as part of the MCWD’s Long Lake Improvement Project. Because of the uncertainty of that project, applicant has noted he likely will not commence his driveway and stream crossing until the magiutude aiid impact of that project is finalized. P would obviously be pointless to construct a stream crossing if the basin project will render it useless in a few years. Therefore, unless Council wishes to extend the normal one-ycar approval expiration, applicant may be requesting a renewal of this request in the future. Request for Couhq U Action contUued f »c 2 of 2 May 4, 1994 Zoning File #1881 Staff Recciifiiiiendatloa Staff recommends approval of conditional use permit and variance for crossing a protected trilmtar>' for Jolin >\Tiitman. A resolution defining the variance hardship-s and conditions of CUP approval arc provided in the attached resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.55, SUBDIVISION 8 AND 10.56, SUBDIVISIONS 16(J&L) ANT> GRANTING A CONDITIONAL USE PERMIT PER SECTIONS 10.03, SUBDIV ISION 19, SECTION 10.55, SUBDIVISIONS 10-12, AND SECTION 10.56, SUBDIVISION 16(J)(4b) FILE NO. 1881 WHEREAS, John E. Whitman and Donna M. Whitman (hereinafter the "applicants") are owners of the property located at 1570 Sixth Avenue North within the City of Orono (hereinafter "City") and legally described as Tract A, RLS No. 1418, Hennepin County, Minnesota and have been granted an easement that permits the construction and extension of roadway across Tract E of said RLS (said Tracts A and E hereinafter referred to as "the property") ; and WHLilEAS, the applicants have made application to the City of Orono to permit the construction of a private driveway crossing of a protected tributary requiring variances to Section 10.55, Subdivision 8 which prohibits filling, grading and excavation within 26’ of the Flood Plain and Wetland Conservation Area, and a variance to Section 10.56, Subdivision 16 (J) (2&3) which prohibits grading, filling and excavating within 75’ of the Ordinary High Water Level of a protected tributary, and a variance to Section 10.56, Subdivisions 16 (L) which prohibits placement of hardcover within 75’ of a protected tributary, and which project requires a conditional use permit per Section 10.03, Subdivision 19 for grading and filling in exce.ss of 100 cubic yards, and a conditional use permit per Section 10.55, Subdivisions 10 through 12 for construction of a "bridge" over a stream in the Flood Fringe District, and a conditional use permit per Section 10.56, Subdivision 16 (J) (4b) for movement of more than 100 cubic yards of material within the Shoreland District. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File /^1881. Page 1 of 6 The property is located in the RR-IB Single Family Rural Residential Zoning District. The creek in question is a public water of the City of Orono classified as a tributary stream per Section 10.56, Subdivision 7 (D), and is within the Flood Plain and Wetland Conservation Area protected by the City as defined in Section 10.55, Subdivisions 4 (B) and 5 (A). The Orono Planning Commission reviewed this application on April 18, 1994 and recommended approval of the proposed variances and conditional use permit for construction of a driveway and stream crossing based on the following findings: a. b. c. d. e. The tributary stream in question leads from Holy Name Lake in Medina to Long Lake in Orono. The intent for the creek crossing is to provide access to the rear 1.5 acres of the property, to allow maintenance of that property (dead tree removal, etc.) and potentially for construction of an accessory building at some future date. Applicants ’ hardship to support the necessary variances is that without the creek crossing, he has no access to the rear of the property for the iKcessary maintenance of that property, and without the crossing has extremely limited use of that portion of his property. Minnesota Department of Natural Resources staff have confirmed that no DNR permit will be required. A Minnehaha Creek Watershed District (MCWD) permit will be required and is currently being processed. The City Attorney has confirmed that applicants have obtained a declaratory judgment from Hennepin County District Court confirming that applicants ’ easement gives them the right to construct a driveway within Tract E. The driveway and crossing will be constructed within Tracts A and E. The total length of driveway to be constructed is approximately 450’ and will involve the movement of approximately 1,000 cubic yards of material. A significant portion of the stream crossing fill will likely be Page 2 of 6 6, 7. generated from construction of die driveway although some importation of fill may be necessary*. f.The City Engineer has reviewed the site and has recommeraied approval of the plan subject to revising the slopes on the stream crossing from 2:1 to 3:1, and subject to MCWD’s approval of the culven size. The Shoreland Regulations Section 10.56, Subdivision 16 (J) provide a number of considerations and conditions ("Best Management Practices ) that applicants will be required to adhere to during construction of the driveway and stream crossing to minimize and eliminate erosion and sedimentation during construction. It is imperative that the applicants complete the project in a timely manner once it is commenced to limit potential for erosion problems. The proposed driveway and stream crossing by virtue of the intent to use it for vehicular travel, is considered as containing hardcover regardless whether it is paved or not. At the proposed 12’ width, the driving surface will comprise approximately 1,860 s.f. of hardcover or approximately 1.5% of the 130,000 s.f. 0-75 ’ zone. The City Council finds that the condrtions 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 properties, would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is nece:sary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional use permit to allow the construction of a driveway and crossing of the protected tributary will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the Page 3 of 6 proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Oroiw City Council of the Ordinary High Water Level of a protected tributary stream, and a vanatK-e to Section 10 56 Subdivision 16 (U to allow hardcover within 75’ of a protected tributary and grants a conditional use permit per Section 10.03. Subdivision 19 for grading, filling ai^ excavating in excess of 100 cubic yaids. and pet Section 10.55. Subdivisions 10 through U tor of a -bridge- over a stream in the Flood Fringe District, and per Section m.56, (J) (4b) for movement of more than 100 cubic yards of matenal withm the Shoreland District. subject to the following conditions: 1.Applicants shall obtain a land alteration permit from the City prior to commencing construction. 2.Prior to commencement of construction and prior to the City’s issuance of a land alteration permit, applicants shall execute a Deyelopets' Agreement to uKlude orovision of a letter of credit covering the potential cost of restoration should the project be started and not completed a timely manner. A specific and fimte time frame for completion and restoration shall be established as part of the Developers ’ Agreement. 3.Construction of the driveway and crossing may not commence until the Minnehaha Creek Watershed District has issued a permit. 4.Applicants shall construct the crossing with 3:1 finished slopes rather than 2:1 slopes. 5. 6. The culvert for the stream crossing shall be sized per MCWD requirements. The hardcover driving surface of the diiveway shall not exceed the proposed 12* Page 4 of 6 7. 8. 9. 10. 11. width at any location within 75’ ot the OHWL of the tributary. Once the stream crossing work is commenced, it shall revegetation with all due haste to eliminate the potential for erosion problems. Appropriate erosion control and site protection ^a^s in ““"'f MVnaVement Practices for Protecting Water Quality tn Urban Areas shaU be maintained during all phases of construction. Authorities granted by this resolution mn with the property not with t^ owners. Sive oidy and must be exereised by application for a alteration uermit airf execution of a Developers' Agreement within one year of the date of Council approval or the special conditions of this resolution will expire on that date (May 9, 1995). Violation of or non-compliance with any of the terms and co^itions of this Solution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the tetro of this resolution and on behalf of themselves their hereby agree to the recotding of this resolution in the cham of title of the property. Adopted by the Orono City Council on this 9lh day of May, 1994. ATTEST; Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owneris) Page 5 of 6 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9ih day of May, 1994 bv Edward J. Callahan. Jr. and Dorothy M. Hallin, Mayor and City Clerk of ihe City ot Orow), a Minnesota municipal corporation and said i.nstrument was executed on behalt of the Citv. Notary Public STATE OF sMINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 ___before me a Notary Public within and for said County, personally appeared -------------------^^^----------- known to me to be the person(s) described in and who executed the forcgomg mstrume<.t, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 ___before me a Notary Public within and for said County, personally appeared -------------------. ^—r—-----, ktlown to me to be the personfs) described in and who executed the fotegomg instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 6 of 6 CITY OF ORONO P.O. Box 66 Crystal Bay. MN 55323 473-7357 ZONING FILE #1881 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 4/20/94 TO:John E. and Donna M. Whitman 1570 Sixth Avenue North Long Lake, MN 55364 COPIES TO: TYPE OF APPLICATION;Variance Conditional Use Permit DATE OF MEETING: 4/18/94 VOTE:6 FOR 0 AGAINST plannin g Commission recommends the following: Approval subject to conditions noted below. pennil from the City prior to commencing construction. 2. Construction on the driveway and crossing may not commence until the Minnehaha Creek Watershed District has issued a permit. 3.Plan must be revised to include 3:1 finished slopes rather than 2:1 slopes. 4.Appropriate erosion control and site protection measures (i.e. "Best Management Practices") shall be maintained during all phases of construction. 5.Applicant to execute a Developer’s Agreement and provide a Letter of Credit covering potential costs of restoration should the project be started and not completed m a timely manner. 6.Once the stream crossing work is commenced, it shall proceed to completion and revegetation with aU due haste to limit the potential for erosion problems. 7.A specific and finite lime frame for completion and restoration shall be established as part of the Developer’s Agreement. 8. Culvert to be sized per MCWD requirements, Applicant ’s next scheduled meeting is confirmed as; City CouncU Monday, May 9, 1994, meeting starts at 7:30 p.m. If you desire certified copies of the official Planning Commission minutes, diey are av^ble from the City Recorder after review and approval by the Planning Commission. Date: Subject: Chairman Schroeder and Orono Planning Commission Members Ron Moorsc, City Administrator Michael P. Gaffron, Assistant Planning & Zoning Administrator April 15, 1994 #1881 John and Donna Whitman, 1570 Sixth Avenue North - Conditional Use Permit and Variance - Public Hearing Application: Request for approval of a conditional use permit and variance to allow construction of a private driveway crossing of a protected tributary Pertinent Code Sections 1. 1 • Section 10.03, Subdivisions 19 and 20 - CoiKlitional use permit required for filling and^ grading activities. Section 10.55, Subdivisions 8-12 - Prohibits filling in the flood plain and flood fringe (variance required) and provides standards for review of variance/CUP applications for same. 3. Section 10.56, Subdivisions 10, 12, 13 and 16 (J) - Prohibit grading and filling within 75’ of a protected tributary and provide standards for variance review of such activities. List of Exhibits A - B - C - D - E - F - G - H - I - J - K - L - Summary Application Plat Map Property Owners ’ list Survey Topographic Survey Proposed Grading Plan Cross Section City Engineer ’s Letter 4/4/94 Coffin and Gronberg Letter 11/1/93 MCWD Letter 11/1/93 DNR Letter 1/27/93 Declaratory Judgement Documentation The Whitmans propose to construct a driveway across the tributary creek leading from Holy Name Lake in Medina to Long Lake. The intent for the creek crossing is to provide access to the rear Vh acres of the property, to allow maintenance of that property (dead tree removal, etc.) and potentially for construction of an accessory building at some future date. Zoning File #1881 April 15. 1994 Page 2 Ceil Strauss has confirmed that no DNR permit will be required. The Minnehaha Creek Watershed Distrkt has tabled the application pending City approval. *The Watershed District and applicants' engineer have met to discuss the culvert sizing to ensure no impact on properties upstream. Easement Issue Resolved The outlot in which the driveway is proposed to be constructed is owned by the next door neichbor, James Lawrence, who apparently is opposed to the driveway. Because staff required Lawrence ’s signature on the application before accepting it as complete, applicants pursued and obtained a Declaratory Judgement from the Hennepin County District Court confirming that Whitmans' easement over the outlot gives them the right to construct driveway within the easement without the Lawrences approval. This is documented in Exhibit L. Proposed Grading Plan Exhibit E is a topographic review of the general area of the proposed crossing. There is a driveway culvert approximately 600’ upstream serving the end house on Tanglewood Road. The 48" culvert proposed is the same size as the culvert downstream which not only takes the flow from the Holy Name tributary but also from that leading to Long Lake from Wolsfeld Lake. The Watershed District is expected to approve the size of the culvert as proposed. City Engineer Shawn Gustafson has reviewed the site and has no problems conceptually with the plan. He did recommend to staff that the proposed 2:1 slopes on the stream crossing be constructed at a 3:1 slope. This requirement will be passed on to the Watershed District for their review. The total length of driveway to be constructed is approximately 450’ and will involve the movement of approximately 1.000 cubic yards of material. A significant portion of the stream crossing fill will likely be generated from construction of the driveway, although some importation of fill may be necessary . Conditions of Approval The Shoreland Regulations, Section 10.56, Subdivision 16 (J) provide a number of considerations and conditions ("Best Management Practices") that must be adhered to during construction projects such as that proposed: • Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. • Mulches or similar matenals must be used where necessary for temporary bare soil coverage and permanent vegetation cover must be established as soon as possible. Zoning File #1881 April 15, 1994 Page 3 • Methods to minimt7.e soil erosion and to trap sediments before they reach any surface water feature must be used. • Altered areas must be stabilized to acceptable erosion control standards. • Fill or excavated material must not be placed in a manner that creates an ’instable slope. • 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. (30% is approximately a 3:1 slope). • Fill or excavated material must not be placed in bluff impact zones (not a factor here). • Any alterations below the OHW of public waters must be authorized by the DNR (DNR has confirmed no permit required). • Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby property. It appears that with the revision of slopes to 3:1 at the crossing point, these standards and conditions can be met. Staff would anticipate that in order to construct 3:1 slopes, the crossing may have to shift 5-10 ’ westward to avoid filling into the neighboring property to the east. Staff Recommendation Staff recommends approval of the conditional use permit and variance for crossing the creek A suggested hardship for the variance request is that the rear of applicants’ property cannot be suitably maintained and he has litUe use of that property without access to it. Conditions of approval should include: 1 Applicant to obtain a land alteration permit from the City prior to commencing construction. 2. Construction on the driveway and crossing may not commence until the Minnehaha Creek Watershed District has issued a permit. 3 Plan must be revised to include 3:1 finished slopes rather than 2:1 slopes. 4. Appropriate erosion control and site protection measures (i.e. "Best Management Practices") shall be maintained during all phases of construction. Zoning File #1881 April 15, 1994 Page 4 5. Applicant to execute a Developer ’s Agreement and provide a Letter of Credit covering potential costs of restoration should the project be started and not completed in a timely manner. 6. Once the stream crossing work is commenced, it shall proceed to completion and revegeiation with all due haste to limit the potential for erosion problems. CITY OP CROKCT ~ G2?IBRAL LA2JD USE APPLICATION t a ^__ \^\roperty location "fr g _ Site Address /C^O S^ AJc^, S^S(, Property Identification Kunber (P.I.D.) ~//6~ S3 3^g<?0S • » Please attach legal description to application if not included on required survey. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone (home) S'?applicant Nane g. A(. (work)- - -- Address /S^t) _ _ _ _ _ _ OWNER (if different than applicant) Phone (hcae) Phone ______________- - - --- - -Name __ _ _ _ ___ _ _ _ _ _ _ _ _'"— City_ _ _ _ _ _ _ __ 2ip- - - - --Address __ _ _ ___ _ _ _ _ _ _ _ _ ___ _ _ ___ _ __ _ _ _ _ _ _ _ _ ^ . .-—4 (month/year) f(lor(Io^otfllso]owra^^ _ _ _ _ _ _ _ PEES — conditional DSE PERMITS “ $ 50.00 For each variance request with CUP application. ^ n* m m wm « • $125.00 Residential accessory Use : v $175.00 Institutional (churchy school» etc.) ..r£J‘ - - ‘"-i-iK ■ $150.00 Guest House/Guest Apartments ... -...i -4 _ _ _ _ $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use y/ $200.00 Land Alteration y Grading and filling - designated wetland or floodplain iSdiS|,“ea«il\^”«taini.rwali; within 75- of lakeshore PRD/PID “ see fee schedule Renewal Fee - $100.00 (no change from ®f^^ter-the-Fact Fee - Double Current Application Fee OTHER Commercial Site Plan Review (+ consultant fees) - - - $250.00 Vacation- - - - $175.00 Easement Vacation - - - - S 75 00 Easement Vacation With Subdivision - - - - IimIm String (POD - refer to fee schedule) • -- - - - $300.00 Comprehensive Plan Amendment ■- - - - $100.00 Appeals ' other - see fee schedule PRESENT DSZ OF PROPERTYUO£. UZ jn ^ o ^ ^ *V /? Present Zoning District /<K tS - 2 <iCHS Present Use of Property Residential Other (specify)_ DESCRIPTION OP REQUEST L ./ 4 j > -4. Describe request in detail: ^C4ut/j REQUIRED SUBMITTALS I: ^^io^':rty^^o:°nTrs Lis. of owners within 350' =-Jbtai this list from Hennepin Countv Department of Center 348-3271). Tirc^cf X.a^<C SCtru<y /y/S^ 4. Certificate of survey (signed by a licensed surveyor). land 5. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. construction plan, if applicable (see staff for requirements). 7. As an addendum to this application, please attach a separate li any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR___ A WORKING COPY (ll* X 17" OR SMALLER) POR ALL DOCUMENTS SUBMITTCT.______ The applicant and Property Owner must sign this remember that your application is not complete if the above information has not been included. ____________________________ Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:___________________________________________________ APPLICANT'S SIGNATURE , j « The applicant hereby agrees to provide all information reouested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or xinusual expenses Incurred in review of this application, and certifies that the information suppli is true and correct to the best,jQ35)ii*/her Jcnowledge. Applicant-5 ------------------ Date -----9/•^^/93 - The*wn«^eTSy acknowledges and agrees to this application and furth^er ISthSrised «asonable entry onto the property by City staff, consultants, aoents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature __________________________________________________________- ADplIcant’must have all submittals into the City offices 25 days b«fore the tannine Commission Meeting. Plamning Commission Meetings are held the third Monday of each month. Applicants must be present at all Review meetings of the Planning Commission and Council. If «« ” to attend a scheduled meeting, please make arrangements to have an «thori«d aglnt attend in your pllc.'^and advise the Building * Zoning Office of this change prior to the meeting. • ' • ; #18^1 -.'H -.MM MTC Of/l«/fS''Jttf' ■ •'• , .T7.MTCN OOS jf 7;: ^yt:iiS*stlXA >■ .^■■-; jj.-\r.tSHMEPIN COUMTY RTv iNraimnoN svstihMOPCRTV omm listy IM '4*■ -ft!-S» t«-XU-n 5Z 0003 0000 AOOR r.\ 01570 SIXTH *VC N ICR NMC JOHN E MHXTfMN iXRRYER i' .JOMM E MNXTMM IMC/AOOR 1570 ftTN AVE Nf r ' am imm mi sssso,T •■>.. f- . , •*> > EO-llO-ES 32 0007 RROR iUWR ,A 01550 SIXTH AVE N OMCR NAME ^JAHES F LAIOKtCE I MFE AXFAYER JANES F UMRENCE NAME/A00R ' 4l1550 ATH AVE N . iC# tONB UKE m . 5535* . r i ' I ;-'i :'ia V >-.v * • '‘AJLt . id. ■tiO- m I •m, A. m i»v|i F 'S , . .. . ... i |f4s«i*E*-iu-n 5* 0017 • : I . ?01Si0/,SIXTH AVE M R NAME JAMES A ARU LAMRENCE IYER i iKjAMES A'ARU UMtCNCE E/A00R1>1550 *TH AVE N 5535* 'W-’ ... I , t*-ll*-E3 33 0033 AOOR m MOSS i*. AOORESS UNASSX6NE0 R NAME ^ JANE O LEVERXNO ^ AYERtiH^lJANE 0 LEVERXNO E/AOORif 1*05 OLIVE LA OZIS 27-110-23 1* 0002>* ' ;:'^00 IF CR (FAYERfH IME/A00R^: i200 NARNER RO |;'3«^'i?:i,*T4FAUL:Mi-..55io* •? * f . V . 00600 f/AOORESS UNASSIGNEOf ? jgLOEFT OF NATURAL RESOURCES OEFT OF, NATURAL RESOURCES A»* • •*« * V V I «V 30 2A-110-23 32015*0 SIXTH AVE N K L LARSON OSS LARSON K LARSON 1 S S URSON 1S*0 SIXTH AVE N LONB LAKE N< 5535* 50 2A-110-23 32 0000 01*00 TAN6LEMOOO M R 6 HAUSER A S E HAUSER ROOERT G A SALLY E HAUSER 1*00 TAMa.ENOOO RO S LONG LAKE Ml 5535* SO 2A-110-2S 33 0020 01*05 Sixm AVE N MILLIAM R A OAROARA A PEARCE NILLIAM A OAROARA PEARCE PO BOX *300 MPLS MN 5S**0 30 27-110-23 *1 000* 00030 AOORESS UNASSIGNEO STATE OF HIMCSOTA .STATE OF MXMCSOTA •• • V 001 0001s REPORT NO. PI*35*01 PACE 7 •I30 XA-110-2S 32 000* 01S*0 SIXTH AVE N ALBERT R NHITNAN A MIFE ALBERT R MHITHAN 15*0 *TH AVE N LONG LAKE Ml 3535*SO 2*-110-2S 32 0012 015*0 TANGLEHOOO RO J T AND P 0 DOUGLAS JOHN T DOUGLAS 15*0 TANGLEHOOO RO LONG LAKE Ml 5535* SO 2*-110-23 S3 0052 01*00 LONG LAKE OLVO ROBERT I RENTE HARE ROOERT A BENTE HARE 1*00 LONG LAKE OLVO LONG LAKE Ml 5535* 00 2*-110-23 23 0001 00000 ADDRESS UNASSIGNEO DEPT OF NATURAL RESOURCES DEPT OF NATURAL RESOURCES 1200 HARNER RO ST PAUL MIMI 5510* ' i-. 'I’i-Ttl 1 «<A ^ Y i C- J V i < V . . . . . . . . . . . . . . . . . . . ■ .\\y, .NyK|?'j| • s; i.'. : ^ ' JSi ?; -15V *■ ^ « V,^-v•^ S^c. Z6‘us-zy w*»i /.— .f 26-»»a*23 h Q:^O !« « %*•'V;,S (L-.v I hereby certify that this is a true and correct representation of the boundaries of Tract A, Registered Land Survey No. l ’ 1418, files of Registrar of Titles, County of Hennepin, and the proposed lo­ cation of a proposed house. It does not purport to show other Improvements or encroachments. COFFIN & GRONBERG, INC. Mark 5. Gronoerqerg LicC No. 1275S Engineers & Land Surveyors Long Lake, Minnesota Date : 3-31-86 Scale: 1" = 100' Iron marker that this is a true and ation of the boundaries tered Land Survey No. gistrar of Titles, n, and the proposed lo- sed house. It does not ther improvements or I. INC. 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Pf Thomas t AiKiinor a i a Donald C tkpgmf PC Psam ai f Angm Pf MaAvxfc Pf Mcnan P fas. Pf P^ J Pynt PC ^nr« M P*ng, A iC P Thomai ar Pranon. Pf MKnaf« C Lyncti Pf janvs t Malang Pf jpny D Pf Bgisnath P AncMon Pf M»« I Ml Pf Mam A Sasg PC Gary Wir Mangn PC O^nm J fdgpmon Pf Aian icL St^^nndt Pf PhAg J CauMCf. PS Mar« O MbgBA Pf Maw • jpnffh Pf I ^gg Grawf* g Pf *a<fn L Women Pf Gary O LriOoNl Pf f ^KW fOWf Pf BMP • toapt PC OoMyat J ipniM. Pf ffianm O Gas^^ PS CecPo OMf. PC Charm A fncloon LfoM Paoighiry Hadar^M Ogor^ imt P frsfHhaMi Ms. Jeanne A. Mabusth, Building and Zoning Administrator City of Orono Post Office Box 66 Crj'stal Bay, Minnesota 55323 Re: Whitman Stream Crossing FUe No. 139-1881 Dear Jeanne, We have reviewed the proposed driveway plan prepared for John Whitman by Coffin & Gronberg. Inc. The property is located north of CSAH No. 6 in the southwest corner of Section 26. The driveway construction involves the installation of a culvert crossing at an unnamed tributary that runs generally from Holy Name Lake to Long Lake. The tributary is a protected water under the jurisdiction of the Department of Natural Resources. The culvert installation will require a DNR Permit to Work in Protected Waters. The applicant should also obtain approval from the Minnehaha Creek Watershed District. We request that a copy of the DNR and MCWD permit applications, as well as all related information, be sent to this office for our files. The plan should include the culvert size, grades, materials to be used, riprap and erosion control methods to be used during construction. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. jLn Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul, MN 551 1 3 • 6f2*636>4600 COFFIN * GRONBERG. INC. «a|.A TAMAMOI AVflMUC November 1,1993 EBen Sones District Coordinator Minnehaha Creek Watershed [^strict 14600 Minnetonka Boulevard Dear EBen: I have just talked to John Whitman concerning Ns permit application number 93-180 wNch involves the inhalation of a cufvert to cross an unnamed trttMRary from Holy Name Lake which leads mto another unnamed tributary flowing Into Lotig Lake. He apparently talked to Andy Syverson in your presence. Andy requested my opinion in writing regarding the impact of the proposed culvert, in regards to 2. wider recommendations. Since John wil be instaltng a culvert equivalent in size to the one downstream which serves two trtMJtaries. rather than the one that is serving. I can see no problem m the sizing of the culvert. To my knowiedge there has been no problem wlh the cuNert downstream which has been there for just under 35 years. In effect, the culvert being instated by the Whitmans may actually be somewhat larger than necessary, but ft should certainiy have no impact on the property upstream. I am familiar with the area and do not believe that any further analysis is necessary. Please note that there in another cilvert already in place upstream as weU. Sincerely. COFFIN & GRONBERG Mark S. Gronberg r ASNrs$r.:^ MINNEHAHA CREEK WATERSHED DISTRICT 14600 Minnetonka Boulevard Minnetonka, Minnesota 55345-1597 aMe^(«12)«3»a3M to*: («12)M«244 ^STRICT Aomrasnurat: a Saras iOAfffl Of MANACEPS; Tho*nas Mapit. A . Pfs* • C Woodw Lo«* • John E Thomas Qrkson Undtoy* Thomas«« LaBouniy*MarV«S HaiM'PamoiaG Bfac} November 1, 1993 Permit AdoI lotion Wq, 93-110» Applicant:John WAltaan 1570 Sth Avenue Wort! Long Lake. Mli 55355 City of Orono, Tilt, R23, Se 26, SW 1/4 Stream croaeing involving conatruction of driveway and placement of culvort in unnamed stream. Location: Purpose: Dear Mr. Whitman: At the regularly scheduled October 2B, 1993 meeting of the Board of Manageri, the subject permit application was reviewed along with the following exhibits. 1. Permit Application 93-180 received October 7, 1993. 2. Letter from DNR dated January 27, 1993. 3. Letter from applicant received October 12, 1993. 4. Certificate of survey received October 12, 1993. 5. Construction plan received October 12, 1993. 6. Site plan received October 12, 1993. Action was taken to table your permit application pending receipt and staff approval of the following exhibits: 1. 2. City of Orono approval. property upstream and has adequate hydraulic capacity. These items should be received no later than November 8, 1993 for 7°“' application to be on the agenda for the next meeting of the Board of Managers scheduled for November 23, 1993. Sincerely, Ellen B. Sonea District Administrator n I I EBS/cr c:Ceil Strauss, DNR Jeanne Mabusth, City of Orono NOV 2 ^ Ip' STATf Of ^DEPARTMENT OF NATURAL RESOURCES METRO WATERS, 1200 WARNER RD. . ST. PAUL, MN 55106^^^ fHONCNO. 772-7910 Ml January 27, 1993 rjAir 2 8 1993 Mr^.-^ohn Whitman 1570 6th Avenue North Long Lake, Minnesota 553^CITY Of OWMO mpguiMS CITV OF OFONO, HENNEPIN COUNTY Dear Mr. whitman: With reference to our previous phone conversations, I have calculated the drainage area of the stream in which you are proposing a culvert crossing, and find the total drainage area a its mouth to be 4.31 square miles. No DNR permit is required for culvert crossings of watercourses with a drainage area of less than 5 souare miles at the mouth of the watercourse (subject to several other conditions, none of which apply to your situation). I am attaching copies of the subwatershed information from ^ Minnehaha Creek Watershed District that I based my calculations on. The subwatersheds I have included in the drainage area are highlighted in yellow. Should you have any further questions on this matter, please feel free to contact me at 772-7910. Sincerely, Ceil Strauss Area Hydrologist c: Ellen Klanderman, Minnehaha Creek Watershed District Jeanne Mabusth, City of Orono Conservation Officer Steve Walter AN EQUAL OPPORTUNITY EMPLOYER U • 99m%c9i tcwvf*. C qwcaam Miami . ri.e»i»A T«w »•« Wa«nt»«re«i. 0 C. Ti.. toa •«! POPHAM HAIK • CMM000ICM ft RAUrWAKI, k. T ft • ftUlTC 3JOO 122 SOUTM NIMTM STMVtT MiMMCAPOkia. MiNMtaOTA 554Q2 TCI. ftf t-333-4ftOO FAX ftl2 334 0000 KKVm ftTAUMTOM, Kftft. OlftftCT D ial (ftll) ftftft-fttta March 15. 1994 ttv 011 •• AA 1 AS I AA2A • ▼wTtAAAT. A«AMA««« T«w At tAA-vi I'taaca ■MAR' 1 e '1991 Ms. Jeanne Mabusth Zoning Administrator City of Orono 2750 Kelley Parkway POBox66 Crystal Bay MN 55323 Re: Whitman Conditional Use Permit Application I ■•nSL^ Dear Jeanne: Enclosed please find a March 9,1994 letter from Dan Ryerson and an enclosed Order from the Hennepin County District Court in the matter of Whitman v. Lawrence. enclosed please find a copy of my September 28, 1993 letter to Mr. Ryerson regarding this matter. As you may recall, Mr. Whitman had applied for a Conditional Use Permit to undertake certain work on Tract E of RLS #1418. As 1 stated in my letter, the Whitmans do not own Tract E but have an easement over it Pursuant to routine City policy, we do not accept applications of this nature without permission from the fee owner of the property on which the work is to be performed. Consequently, I advised Mr. Whitman’s attorney, Mr. Ryerson, in my September 28. 1993 letter that, absent expressed permission from the Lawrences, we would need a Court Order indicating that the Whitmans had the authority to do the work that is the subject of the Conditional Use application (assuming, of course, that they were to receive a Conditional Use permit). 2l9/2203$5imSA4 Ms. Jcanii.' j4abusth Mardi 15, 1904 Pase2 Tte Ifcooepin County District Court has now ruled on Mr. Whitman ’s Summary Judgment Motion. Specifically, paragraph 3 of the Court’s Or^r pr^vi^ 'ttot tte caseincnl permits tte construction and extension of roadway across Tract E. RLS No. 1418, to ‘served subdivided lots within Tract A. RLS No. 141S.” In addition, please note th^on page 5 of the Memorandum in support of tte Order, tte Court outlines tte dilemma tte \^Jitraan $ find themselves in. noting that tte Whitmans had brought this action and moved for Summary Judgment because "tte City had refused to consider [tteirl application without consent of [the Lawrences]." Finally, on page 8 of the Memorandum in support of the (Xdcr. tte Court states: After reviewing the parties ’ contentions, the Court concludes that tte scope of tte particular easement, as contemplated by the express language of tte 1976 deed and by the 1978 easement agreement, is without restrictions as to the geographic location of tte easement over Tract E. There is no limiting legal description of tte easement, nor is there any otter limiting definition of the easement ’s location otter than tte tract of land originally platted as a roadway and demarcated as Tract E. Accordingly, from tte face of tte warranty deed and from the 1978 casement agr eement, the whole of Tract E is subject to an casement for driveway purposes, access to County Road 6, and for utilities. ConsequenUy. the Court concluded that tte Whitmans "may extend tte current roadway over Tract E to serve subdivided lots contained in tte northern portion of Tract A. Slip. Op. at 12. Now that the Whitmans ’ have obtained tte judicial interpretation of tte casement that we requested in my September 28, 1993 letter, it is unnecessary for you to obtain permission from the Lawrence ’s prior to accepting the Conditional Use Permit Please feel free to contact me if you have anv questions vis P. Staunton enclosures cc: Ronald Moorse TJBarrett 219/220395113/15/94 GistASON. Martin fit V arpness , P.A. Anr«W TS Ai*' couMeuss *t i a* ICMM t. VAIMISS* r ATUCX M. COMM OAMT RYOtaCIN •mo KOKIT V OHLASON Nfardi9, 1994 mt PAlUaAVN AVINUI SOUTH sum w liffisiNEAKlLIS, MINMJOTA SS4)S TEUETHCM MI til 17*1 SAX MX Ul :»■ ISCAI ASKTAim GUMUA KU JIOT THYMH Mr. Kevin P. Staunton Attorney at Law 222 South Ninth Stress Suite 3300 MlniieafX)lis, MN 55402 RE; Wkitnat ConUtumti Use Bmt AppUagionUfy ofOnmo Dear Mr. Staunton: RcfanKC is made to our telephone disacsions during Septemto, 1993 awi your lettCT to me dated September 28,1993. The declaratory judgment proceeding in Whitman V. Lawrence, Hennepin Gxrty District Court File No: CT 93-12901, which was the subject of our communications, hts now been decided. Enclosed for >our review is a copy of the Court's Order and Memoraidum dated Mardi 7, 1994. As you can see, the Court's Order, ard in particular paragraph 3, specifically addresses the question tliat was fi:amed by your Sqjtember 28 letter. Basis for the Order is more fully set out in the Court's attached Memorandum, in whidi it is recognized that the lack of the fee owner's COTsent to the conditional use application and the inability of the City to proceed with the Whitmans’ application in the absence of the cor^sent, is what gives rise to the actiotL The Court further specifically took note of your letter in which a resolution of the qi..stic« by declaratory judgment was contenpiated Thus, the Order granting summary judgment to the Whitmans in the declaratory judgment action h^ clearly resolved issus and removed the "lack of consent" impediment to their pending application. Accordingly, I am providing a copy of this Order to the City of Orono Zoning Administrator ^vitll the request that the Whitmans' tpplicalion msy now go foward throu^ the usual review and action processes. Thank you for your courtesy and cooperation in helping to define and resr*' ; this issue. Vay tnUy yciurs, Don T. Rycrson DTR/aa Enc. oc: John and Donna Whitman STATE or MIimESOTA COOHTY or HENNEPIN FILEH DISTRICT COURT r C- i: FOURTH JUDICIAL DISTRICT• • % f ^ • I •• 4. ' • John E. Nhitaan and Donna Whitnan, vj%T Plaintiffs, vs. Court Fila: CT 93-12901 ORDER Janas F. La%rrenca and Aria H. Lavranca, Dafandants Tha abova-captioned natter cane on for haarinq on Decanbar 7, 1993, bafora tha Honorable Doloras C. Cray, Judge of District Court, on plaintiffs* notion for summary judgment. Dan T. Ryarson, Esquire, appeared on behalf of plaintiffs; Jonathan Saffold, Jr., Esquire, appeared on behalf of defendants. The Court having considered the file, subnissions, and arguments of coiinsel, IT 18 ORDERED: 1. That Plaintiffs' motion for summary judgment is GRANTED. 2. That the easement described in Document No. 1169844, as amended in Doctament No. 1325401, of record in the office of the Hennepin County Registrar of Titles, does not prohibit Plaintiffs from subdividing the property described as Tract A, RLS No. 1418. 3. That the easement described in Docxament No. 1169044, as amended in Docvunent No. 1325401, of record in the office of the Hennepin County Registrar of Titles, permits the construction and extension of a roadway across Tract E, RLS No. 1418, to serve subdivided lots vltbln Trsct A* RLS Ho. 1411. 4. That subdivision of Tract A does not terminate the easement described in Document Mo. 1169844, as amended by Document Ho. 1325401, and the owners and assigns of Tract A and any portion thereof may use the easement over Tract C, JtLS Ho. 1418, for (driveway purposes and access to Hennepin County Road No. € «id for utilities. 5. That the attached mamorandxirn is part of this Order. XilT rr B8 EHTmiD Acccnu)2vex.t BY THE COURT DATED:this 7th day of March, 1994. ; Dolores C. Orey Judge of District Court VJtiCM/Il V. LWT9ttC9 CQttrt rll* Mo. C7 93-12901 MBMOuaoxm Thi, Mttcr is before the Court on Plaintiffs John and Donna Whitsan's eotion for su»ary judgment. In their Complaint, Plaintiffs seeic a declaratory judgment from this Court determining the scope of an easement reserved in a conveyance of real property from Albert and Edith Whitman to Defendants James and Aria Lavrence. Plaintiffs seeA declaratory relief pursuant to Minn. Stat. S 555.01 (1992). Unless othervise noted, the following facts are undisputed. Albert and Edith Whitman ("the Whitmans") are the parents of plaintiff John Whitman. In the 1960*s, the Whitmans purchased property in Orono, Minnesota, which they subsequently subdivided into five tracts, designated as Tracts A, B, C, D and E. Tracts A, D were each undeveloped and intended for residential purposes, while Tract B contained the Whitmans* residence. (Edith Whitman Aff. 1 III) • The fifth tract. Tract E, was intended to serve as a roadway serving the other four tracts. (Xili. f TV). Plaintiffs describe Tract E as "a serpentine strip of land 50 feet wide and approximately 1,200 feet long." (Pltf.'s Mem. Supp. Suam. iJs * In 1976, the Whitmans deeded Tracts B and E to Defendants. (Edith Whitman Aff. 1 V; Lawrence Aff. 1 5). The deed conveying the two tracts provided in part; said Tract E [is] subject to a non-exclusive easement in favor of Tracts A, C and D . . . for driveway purposes VAieMa V. Lvrrmncm court ril« No. CT f3«l2901 and access to County Road Mo. 6 and for utilities, subject to agreeaent between the parties hereto that Maintenance of, and taxes on, said Tract E shall be borne by the owners of Tracts A, B, C and D, dependent on use proportionate to linear usage of Tract E computed after Q residence has been constructed on a particular tract, and that the owner of each tract shall be solely responsible for repair of any damage caused to the road by him or by his agents or subcontractors. (John Whitman Aff. 1 IV, Be. C). At the time of the conveyance from the Whitmans to Defendants, a driveway had been laid out along a portion of Tract E, between County Road 6 and the Whitmans* residence on Tract B. (Edith Whitman Aff. 11 III A IV). The 1976 deed also granted Defendants the right to siibdivide Tract B. After acquiring additional acreage. Defendants ultimately subdivided Tract B to create a parcel of land now )cnown as "Tanglewood.** (John Whitman Aff. 1 V; La%n:ence Aff. 1 10). An outlot on the Tanglewood tract was subsequently dedicated for a roadway to provide the Tanglewood lots access to County Road 6. (John Whitman Aff. 1 V, Ex. D). As a result, the Tanglewood lots did not require the use of the roadway^ then existing over Tract E to access County Road 6. On July 28, 1978, the Whitmans and Defendants entered into an ••Easement Agreement, •• which released the Tanglewood lots from the ^In their pleadings and at the hearing on this motion Plaintiffs have used the terms "roadway** and "driveway interchangeably. The Court concludes that the easement over Tract E contemplated a roadway for "driveway purposes and access to County Road No. 6 and for utilities." Any reference to a roadway in this Order is limited to that purpose. Vhxt»*n V, iMttzmnc* Court; Fil* Bo. CT F3-129Q1 BUIiii'tenance cos^s and taxas associated with the roedway over Tract E. Despite modification of the cost and tax sharing structure, the scope of the then existing easesent remained substantially the saaie as the prior easement: (t]hat Tract E ... is subject to a non-exclusive easement agreement in favor of Tracts A, C and D . . . for driveway purposes and access to County Road No. 6 and for utilities. Provided further that the costs of the maintenance and repair of and taxes upon said Tract E shall be borne by the owners of Tracts A, C and D . . . dependent upon use proportionate to linear usages of Tract E coiqputed after a residence has been constructed on a particular tract or lot. Further, the o%mer of each tract or lot shall be responsible for repair of any daauige caused to the road by him or his agent or contractor. The Whitiums conveyed Tract A to Plaintiffs on January 21, 1980. The deed conveying Tract A to Plaintiffs expressly included "a non­ exclusive easement for driveway purposes and access to County Road No. 6 and for utilities . . . ® (John Whitman Aff. 1 VII, Ex. F; Edith Whitman Aff. f IX) Plaintiffs now wish to extend the present roadway over Tract E into the northern undeveloped portion of the tract. Plaintiffs have applied to the City of Orono for a conditional use permit to extend the roadway, but the city has refused to consider Plaintiffs' application without the witten consent of Defendants. Defendants have refused to provide that consent, (John Whitman Aff. T X). In a letter to Plaintiffs' counsel, however, an attorney for the city indicated it would accept Plaintiffs' application if Plaintiffs are able to obtain a declaratory judgment ( Vhitmta V. t«vr«ac» Court ril* NO. CT 93-129QI fro* this Court declaring the scope of the ease»ent broad enough to allow Plaintiffs' proposed extension of the roadway. (14... 1 *i. EX. I 4 J). XS a result, plaintiff* have brought this action and now move for summary judgment. The court nay render summary judgment "when the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled to judgment as a matter of law." Minn. R. Civ. P. 56.03; gronAftfal nulluck. 318 N.W.2d 240, 242 (Minn. 1982). In deciding the motion, the court must view the facts in the light most favorable to the nonliving party. Id-. A party opposing a motion for summary judgment may not simply rest on the averments of the complaint but must affirmatively demonstrate by affidavit or otherwise that material issues of fact remain to be decided. EaXnan Yt BrUtgftgf 285 N.w.2d 95, 97 (Minn. 1985). Plaintiffs contend that the easement reserved to the Whitmans and subsc^u ntly conveyed to Plaintiffs permits them to extend the present .ftAway into the northern undeveloped portion of Tract E. Specifically, Plaintiffs contend that "the whole of Tract E, including the portion extending to the north of the present developed roadway, was intended to be used for driveway and access purposes." (Pltf.'s Mem. Supp. Summ. J. at 9). Defendants, on the other hand, contend that they never intended for the northern VjtitJMA V. Lmvvncm Court ril® Ho. CX 93-12f01 portion of Tract E to be used for a roadway. Rather. Defendants clain they have been provided -with the originally agreed upon option to develop [that portion of Tract E] as we see fit in the future.- (J. Lawrence Aff. f 13). Although not directly addressed by the parties, the precise issue in this motion is whether the term -subject to,- as used in both the 1976 deed and in the 1978 easement agreement, is sufficient as a matter of law to create a non-exclusive easement over the entire portion of Tract E. Ordinarily, the use of the language -suyject to" in a deed purporting to reserve an easement is not sufficient to create an express easement: [allthough in certain cases the use of such [subject to] borminology has been held sufficient to reserve an easement, it should not be employed for this purpose because it does not clearly express the intent of the parties. 'Subject to* language is commonly used in a deed to refer to existing easements, liens, and real covenants that the grantor wishes to exclude from warranties of title. Jon W. Bruce 6 James W. Ely, The Lav of Easements in - f 3.05[3] (1988). In addition, in W?rn?r ,Y»—SfllBElfi# 259 Minn. 273, 107 M.W.2d 43 (1961), the Minnesota Supreme Court held that the use of the *.erm "subject to" in a warranty deed which purportedly reserved an easement did not create an easement but presupposed an existing easement. Hoifth V.i—StUfifensr# 429 M.W.2d 918 (Minn. Ct. App. 1988), r?v^ December 16, 1988 (citing Werner«s holding but distinguishing it on the basis of the application of the Torrens Act to an unrecorded easement). VAitjUA V. iMrrwncm Court Fllv Wo« CT 93-12901 The parties to this action, however, do not dispute that the deed between the Whitmans and Defendants created an easement over Tract E in favor of Tract. A, C, and D, and that the 1978 easement agreement modified the rights and obligations of the various parties who had an interest in the easement at that time. The parties dispute, however, whether the extent of the easement would allow Plaintiff to extend the existing roadway into the northern portion of Tract E. After reviewing the parties* contentions, the Court concludes that the scope of the particular easement, as contemplated by the express language of the 1976 deed and by the 1978 easement agreement, is without restrictions as to the geographic location of the easement over Tract E. There is no limiting legal description of the easement, nor is there any other limiting definition of the easement's location other than the tract of land originally platted as a roadway and demarcated as Tract E. Accordingly, from the face of the warranty deed and from the 1978 easement agreement, the whole of Tract E is subject to an easement for driveway purposes, access to County Road 6, and for utilities. Moreover, even if the language of the 1976 deed and the 1978 easement agreement is construed as ambiguous. Defendants have not submitted by affidavit or otherwise evidence of any discussions or agreements the parties had concerning the scope of the easement. A party opposing a motion for summary judgment must present 8 irMCMfl r. twrmact court rU« Mo. CT 93-12901 spocific facts showing that thera is a ganuina issue for trial. Minn. R. Civ. P. 56.05. Defendant Janes Lawrence's affidavit does not refer to any discussions between Defendants and the Whitaans as to the geographic scope of the easenent, nor does La%nrence set any agreenent between Defendants and the Whitnans as to the possible restriction of the easement's geographical scope. Indeed, Defendants do not dispute Edith Whilaaan's statement that: we had no intention of limiting in any way the use that we could maXe of the Tract E roadway, nor vag gVLgh-ft restriction ever discussed between us and the La%nrences» Moreover, ny husband and I never intended to limit any possible future uses, development or subdivision of any of our other tracts of land which were not the subject of that deed, nor were such matters ever discussed with thfii Lawrences. .• • (Edith Whitman Aff. 1 VI)(emphasis supplied). Further, it is undisputed that Plaintiffs extended the roadway over a portion of Tract E in 1986 to access their home on Tract A. (John Whitman Aff. 1 VIII). In response to the facts presented by Plaintiffs, Defendants have not presented specific facts which would demonstrate that there is a genuine issue for trial as to the alleged ambiguity of the easement documents. Accordingly, summary judgment in favor of Plaintiffs as to the geographic scope of the easement over Tract E is appropriate. Plaintiffs also seek a declaratory judgment that they may subdivide Tract A and subsequently use the easement over Tract E to serve the subdivided lots. Defendants, however, argue that arftiCJMUi r. LMvrrnacm Court ril* 1». CT 93-13901 Plaintiffs alrsady hava tha full use and enjoyment of the roadway easement over Tract E: Plaintiffs* home on Tract A presently has access to County Road 6 by means of Tract E. Defendants contend that extending the roadway into the northern portion of Tract E to serve the northern portion of Tract A is, therefore, beyond the scope of the contemplated easement. Defendants appear to make two arguments in this regard: first. Defendants appear to argue that the 1976 deed and the 1978 easement agreement prohibit Plaintiffs from subdividing Tract A; and second. Defendants argue that the parties to the easement agreement contemplated use of the roadway only one residence per tract. Defendants therefore contend that Plaintiffs' apparent desire to subdivide Tract A and subject Tract ,E to use of the roadway by the subdivided lots is not supported by the language of the 1976 deed and the 1978 easement agreement. At the hearing on this motion, however. Defendants Acknowledged that the deed and the easement agreement do not purport to limit Plaintiffs' ability to subdivide Tract A. Rather, Defendants contend that local zoning ordinances governing Plaintiffs' property will not allow subdivision of Tract A. The issue of the application of local zoning ordinances to the potential subdivision of Tract A, however, is not properly before the Court. Further, to the extent Defendants contend that Plaintiffs may not subdivide their property on account of the 1976 deed and the 1978 easement agreement, such an interpretation of \ • VAit«4Us ft. Lavrcacv CoiXTt. ril* No. CT 93*12901 those docuaents is aisguided. There is nothing in either docuaent which purports to liait Plaintiffs* right to subdivide Tract A. AS to whether subdivided lots within Tract A aay aaXe use of the easeaent appurtenant to that tract, the law in that regard is clear: a right of way which is appurtenant to an estate is appurtenant to every part of it, no setter into how aany parts it aay be subdivided, and it inures to the benefit of the owners of all subdivisions so situated that it can be used. Sorkil V. Stroa. 156 Minn. 155, 158, 194 N.W. 333, 334 (1923) Defendants nevertheless contend that the use of the tern "a residence** in the cost-sharing provision of the 1976 warranty deed purports to limit the use of the easement to one residence on each of Tracts A, C, and D. Although there appears to be some ambiguity in the 1976 deed as to whether the easement is intended to serve more than one residence on a particular tract, the 1978 easement agreement, which modified the easement*s cost and tax sharing arrangement, provided: that the cost of the aaintenance 2md repair of and taxes upon said Tract E shall be borne by the ovmers of Tracts A, C, and D . . . dependent upon use proportionate to linear usages of Tract E coaputed after a residence has been constructed on a particular tract or lot. Further, the owner of each tract or lot shall be responsible for repair of any damage caused to the road by him or his agent or contractor • (John Whitman Aff., Ex. E)(emphasis supplied). The inclusion of the term "lot," in addition to the reference to the then existing tracts, clearly indicates that use of the v&itJMB V. Lavrenev ceart Filv Wo. CT §3-12901 roadvay over Tract ® vould not be Halted to a single residence on tbe then existing tracts. Rather, the clear language of the I97f easeaent agreement allows use of the easement by subdivided lots within each of the dominant tracts. As this is also consistent with existing Minnesota law. Plaintiffs may extend the present roadvay to serve subdivided lots within Tract A. For the foregoing reasons. Plaintiffs notion for summary judgment is granted. Plaintiffs may extend the current roadway over Tract E to serve subdivided lots contained in the northern portion of Tract A. Furthermore, there is nothing in the 1976 deed or 1978 casement agreement which prevents Plaintiffs from subdividing their property D.C.O. October 4,1993 # i Qfr X O Mike Gaffron Asst. Ranning and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay. MN 55323 Dear Mike: Enclosed is a copy of the Easement Document No. 1169844, which you requested in your September 28,1993 letter. After our phone conversation today, it is my understanding that the approval of the Minnehaha Creek Watershed District, which must include proper culvert size and construction, will satisfy your request for that information. Mark Gronberg is working on their requests now. Hopefully, the dispute with the Lawrences wiil end shortly with a Summary Judgment, and we can all get on with our lives. Best, 1570 Sixth Avenue North Long Lake, MN 55356 (612) 475-3748 W S orricc*: OCaM€«. Cm^om Ttt MS-M9 IJ MtAan. rcWf Tit 909 1 OiC. TtA. lOl 9%X aiw POPHAM HAIK SCHHO««)CM 1 1 A /A I I\ ^..§ "\ S 81 tuiTt 3300 332 tOMTM Mimtm STAtCT MlMMCA^OLIt. MlMNCSOTA 35403 til il3-333-40OO Fa< #l3-334-S0t0 Ktynm P STAumow, Csqw 0«occT Dial <0I1> 334-3310 Omc<9 LC«^l«A. Ttk •M«f 94t 4919419 3rwrT«*»t, 9c•«•*•«« fl4. 01149 711 199903 \ September 28, 1993 SH? 3 0 iS95 Mr. Daniel Ryerson 7600 Park Lawn Suite 444 Edina, Minnesota 55435 Re: John E. and Donna M. Whitman Conditional Use Permit Application Dear Mr. Ryerson: This firm represents the City of Orono. I am writing on behalf of the City regarding the above-referenced matter. As I understand it, your clients, the Whitmans, have submitted a conditional use permit application to the City requesting permission to undertake certain work on Tract E of RLS #1418. The Whitmans do not own Tract E but have an easement over it. Their neighbors the Lawrences are the fee owners of the Tract. As you know, the City has refused to accept the Whitmans ’ application until they obtain permission from the Itt owners o^ the properly. The City routinely requires such permission to ensure that the applicant is legally authorized to engage in the proposed work. You have informed me that the Lawrences have refused to grant permission. As a resulU the Whiunans have commenced a lawsuit in district court seeking a declaration that the easement granted to the Whitmans is sufficiently broad to legally authorize the work proposed by the Whitmans. I am writing to inform you that if the district finds that the easement is sufficiently broad to legally authorize the type of work contemplated by the Whitman ’s Conditional Use Permit or other applications, the City will waive its requirement that permission be obtained from the underlying fee owner before an application will be accepted. 219/22022867 9/2W3 Mr. Daniel Ryerscm September 2S, 1993 Pagc2 Please understand, however, that in waiving this requirement, ite City wiD make no lepmentatioa as to the merits of the Whitman’s application. If tte Whitman’s obtain the appropriate court order allowing their application to be accepted without express permission from the underlying fee owner, the City will consider that application on its merits as it would have had the netghbois originally givTO permission. This docs not. of course, guarantee that the application will be granted. III til.this information is helpful to you. Please call if you have further questions of Sitce P. Staunton cc: Ron Moorse Mike Gaffroo TJBaneu twxtmunwtm ♦ •: . -ms f CITYof ORONO Municipal Offkes SlTMt Aidrtssi 2750 Wt»j P«rii«a» Oraiw. VN 5535« USaiiiHf HMmt P 0. Bo 65 Crystal Bay. m 55323 0066 September 28, 1993 Mr. and Mrs. John E. Whitman 1570 6th Avenue North Long Lake. Minnesota 55356 K '1 O 1 Re: Incomplete Application Dear Mr. and Mrs. Whitman: The City is in receipt of your application for a conditional use permit to construct a driveway within Tract E, Registered Land Survey No. 1418. After reviewing your application, we find that it is incomplete, and therefore cannot be scheduled for the October 18lh Planning Commission meeting. The application is considered incomplete because it has not been signed by the owner of Tract E, James F. Lawrence. It is standard City practice to require the signature of both the applicant and the property owner where the applicant is not the fee owner of the property. 1 would also note that the easement agreement included with your application. Document No. 1325401 refers a number of times to Easement Document No. 1169844, a copy of which we hereby request that you provide. It is my understanding that you are proceeding to obtain a declaratory judgment in regard to specific rights for use of Tract E. As our city attorroy has outlined in a letter to your attorney, such a judgment which clearly confirms your rights to use Tract E as requested in your application, will substitute for the owner’s signature. Also, please have your engineer provide the City with the size of culvert proposed together with supporting information and data. You should also be proceeding concurrently with gaining approval from the Minnehaha Creek Watershed District and the Minnesota Department of Natural Resources. Telephone (612) 473-7357 • FAX 473-0510 Mr. Joid Mrs. John E. Whitman Sq^cmbcr 28, 1993 Page 2 « » * plojue contact me or 7^»ng Administrator Jeaiuie Mabuslh at 473-7357 if you have any questions. Michael P. Gaffron Asst. Planning &. 21oning Administrator MPG/ch cc: Jeanne A. Mabusth. Building & 2^ning Adm Kevin Staunton, City Attorney REQUEST FOR COUNCIL ACTION DATE: May ITEM NO.: Departiiient ApproTal: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Sectitm: Zoning Item DescriptkMi: #1912 Tim Hillman, 400 Leaf Street - Variances - Resolution Additionad Exhibits J - Copy of Access Easement in Favor of Property at 398 Leaf Street Brief Review of Application Applicant seeks approval of street and side setback variances for a two-story addition to the existing residence, more than doubling the size of the existing 752.4 s.f. house (addition » 1,96u s.f.). The addition will encroach no closer to the front/street lot line than the existing residence. The current residence meets the required 30’ side setback from the south lot line. The proposed addition will require a setback variance proposed at 25.2’. The applicant has advised that the entire foundation of the existing structure shall be replaced. Four feet of till will be installed beneath the new foundation. The existing residence has historically had basement flooding problems. The Planning Commission was asked to consider relocating the residence in order to conform more closely to the required setback standards of the zoning district. In consideration of existing accessory structures and the limited building envelope, review Exhibit H, a 73 long structure could not be placed on the property meeting front and rear setbacks. There was discussion concerning the relocation of the 10’ x 10’ entry addition at the south side of the proposed expansion. Applicant advised that based on the interior plans this was the only location for the entry to the residence. The property owner to the north was concerned that drainage problems would be intensified with the new addition. The City Engineer has reviewed the proposal and recommended that drainage from roof be directed to the southwest comer draini^ eventually through the culvert adjacent to Leaf Street. It was also noted that with the additional filling arouiKl the foundation that the desired drainage could be achieved. The Planning Commission also addressed the exterior storage violations on the property, asking applicant why vehicles parked to the rear lot line could not be stored within the large storage structures. Applicant advised that he is a car collector ^ the structures already contained vehicles. The Planning Commission advised that all exterior storage violations must Request for Council Action continued page 2 of 3 May 4, 1994 #1912 Tim Hillman, 400 Leaf Street be removed before a building permit could be issued. Review Exhibits E and F, the conceptual elevations of the structure depicting a 2'/^-story structure would not appear to present a height problem. Applicant is advised that teight of suucture is determined from existing elivations and 4’ of fill may require alterations in design. The applicant advised the Planning Commission that he would be responsible for the building of the struen-re. The Planning Commission advised that all construction would be subject to Section 12.05, Subdivisions 1 and 2 of the Municipal Code dealing with time constraints on residential construction. At the time of the Plaiming Commission review, the applicant advised that there were no formal easements granted to the property to the east. If an easement existed, the area of the access casement would have to be deducted from the total lot area. Review Page 1 of the staff memo of April 14, 1994. Note lot coverage was proposed at 14.1%. The iwighbor to the east who is in complete support of applicartt ’s improvement project, advises that there is a 20’ easemem in favor of their property (review Exhibit J). The reduction in lot area creates a lot coverage excess now proposed at 16.1 %. Revised lot coverage facts are reviewed as follows: Lot area = 36,239 s.f. Adjusted lot area = 32,899 s.f. (reduction of 3,340 s.f. of driveway casement) Allowed = 4,934.85 s.f. or 15% Existing = 3,069.3 s.f. or 9.32% Proposed = 5,298.9 s.f. or 16.1% (2,229.6 s.f. of additional struemre. This includes a 26* X 6’ upper level deck on south side of structure.) The application now would require side and street setback variances and a lot coverage variance of 1.1%. The majority of the Planning Commission approved the application for the side ami street setback variances as proposed, subject to the following conditions: 1.That applicant shall adhere to time limits for construction as set forth in Municipal Code. 2.The exterior of the garage to the immediate rear of the ctructure shall be repaired so as to match the exterior construction materials of new residence and that this improvement is to be completed prior to the issuance of a Certificate of Occupancy for new residence. Request for Council /^km contimcd page 3 of 3 May 4, 1994 #1912 Tim Hillman. 400 Leaf Street 3. All exterior storage violations sh-’U Ik rcmovel r- 'r * > the issuance of a building permit. 4. Applicant shall provide detailed grsKlif^ and drainage plans with building permit application. The majority of drainage from residenc" shall be directed to the southvi-csi comer of property. The City E'e’necr shall review these plans to assure that drainage conforms to the conditions of variance approval. The minority opinion denied the application based on the finding that the 10 x 10 entry addition could be redesigned and relocated so that a side setback variance would not be required. COUNCIL ACTION REQUESTED: To adopt the approval resolution as proposed by the Planning Commbsion, OR To table all action on tlK variance application based on the receipt of new information that alters the original factual findings presented to the Planning Commission and to request that the Planning Commission reconsider this application at their May 16th meeting. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.01 SUBDIVISION 14 (C) AND SECTION 10.28, SUBDIVISION 5 (B) FILE NO. 1912 WHEREAS, E. Timothy Hillman and Susan A. Hillman, husband and wife, (hereiiufter "the applicants") are the owners of the property located at 400 Leaf Street within the City of Orono (hereinafter "the City") and legally described as follows: refer to Exhibit A, atuched (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 14 (C) that would allow sirucniral improvements that will result in an excess of sinicmral coverage proposed at 5,298.9 s.f. or 16.15f where only 15% is allowed; and variances to Section 10.28, Subdivision 5 (B) where a proposed addition will be placed 28’ from tlK street lot line where 50’ is required and where 23.3 exists and a side setback variance to the south side of the lot where the addition is proposed 25.2’ where 30’ is required arui where 31.9’ exists. Minnesota: NOW, THEREFORE, BE IT RESOLVED ty the City Council of Orono, RNDINGS 1. This application was reviewed as Zoning File #1912. 2. 3. The property is located in the RR-IB Rural Residential Zoning District requiring two acres in area. The property consists of 36,239 s.f., excluding the 33 ’ of right of-way of Leaf Street, and 32,899 s.f., excluding the 20’ driveway easement along the south border of the property. The Orono Planning Commission reviewed this application on April 18, 1994 and recommended approval of the setback variances as proposed based upon the following findings: Page 1 of 4 A. The lot at 167’ depth would not pcnnii the total 73’ sinjcturc lo meet Knh the rear and the front setback standard of 50'. B. The smiemre will extend no closer than 28’ to the street lot line wliere the existing structure is located 23.3’. C. The interior layout of the first and second floor requires entry scccss on the south side. The location of existing accessory strucnires to rear of property limits relocation of structure to north and east. 4. The City Council finds that the conditions existing on this property ’ are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, a^r nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to tlK applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property ’ right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommerdations 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 fiiwlings noted above, the Orono City Council hereby grants viriances to Municipal Zoning Code Sections 10.03, Subdivision 14 (C) airi Section 10.28, Subdivision 5 (B) granting a front/slreet setback variance of 22’ or 44% and a side setback variance of 4 ’ 8" or 16%, and a lot coverage variance of 364.1 s.f. or 1.1% for a major addition and reconstruction of the existing .esidence, subject to the following conditions: 1. Prior to the issuance of a building permit for new improvements, all exterior storage violations must be removed. Page 2 of 4 2. Detailed grading and drainage plans to be submitted with building permit application. Drainage plans must ass* > irainage flows predominantly to southwest culv'crt. Plans shall be reviewed uy City Engineer. 3. Garage to immediate rear of residence is to be repaired with the same exterior material as of the principal residence. Repair of this struemre must be completed prior to the issuance a Ccmficaic of Occupancy for the newly constructed reskknee. 4 pjip construction of new residence shall be subject to construction standards set forth in Municipal Code Section 12.05. Subdivisions 1 and 2. 5. 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 w " expire on that date (May 9, 1995). 6. Violation of or non-compliance with any of the terms aiKl conditions of this resolution shall constimte a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the pre^rty. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of May, 1994. ATTEST; Dorothy M. Hallin, City Cleric Edward J. Callahan, Jr., Mayor Property Owner (s) Page 3 of 4 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instmmem was acknowledged before me on this 9th day of May. 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City cf Orono, a Minnesota municipal corporatk^ and sakl instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said com ty, f^rsonally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 4 of 4 i i To:Orooo Planning Commission Members Mayor Callahan and Orono Councilmcmbcr^ Ron Moooe, City Administraica From: Date: Subject: Jeanne A. Mabosth, BuiMing & Zoning Administrator April 14, 1994 #1912 Tim Hillman. 400 Leaf Street - Variances -Public Hearing Pertinent Ordinances 1. Section 10.28, Subdivision 5 (B) - RR-IB lot standards Front/street setback variance Required * 50' Existing =* 23.3' Proposed » 28' Variance «■ 22' or 44% B Side setback variance - South side Required » 30' Existing » 31.9' Pressed =* 25.2' Variance ■= 4' 8* or 16% 2. Section 10.03, Subdivision 14 (C) - Lot coverage review Total lot area = 36,239 s.f.*' (167 x 217). Area excludes 33 s.f. of right-of-way for Leaf Street Allowed * 5,435.8 s.f. or 15% Existing » 3,069.3 s.f.** or 8.4% Proposed » 5,121.1 s.f.*^ or 14.1% i.' **1 Note area of gravel drive on south side of property has not been shown nor was it in legal description of property. An access easement in favor of properties to east does not exist. The area of the easement would have been excluded from total lot area. } LJ-atT' *’ Existing lot coverage House = 752.4 s.f. Playhouse = 72.3 s.f. Shed = 264 s.f. Existing carage = 1,032.2 s.f. Pole bam = 948.4 s.f. Second floor deck is not included in lot coverage as applicant advises it is no longer proposed. Addition = 2,051.8 s.f. Zoning File #1912 April 14, 1994 Page 2 List of Exhibits A - Applrcation B - Property Owners’ List C - Plat Map D - Hardship Sutenant E - North/West Elevations - Roof Plan F - South/Easi Elevations - First Floor Plan G - Second Floor Plan and Deck H - Survey I - Engineer ’s Rept»t 4/13/94 Descriptioa of Reque^ Applicant proposes a two-story addition to the cast and north ot the exiting residence Aat will be two times as large as the existing 752.4 footprint of the existing house. The addition includes a two-level garage at rear or east side of residence. Applicant wishes to extend addition along existing front and side of residence requiring setback variances. Review Exhibit D. applicant's hardship statement. The property is now served with sewer connected in May of 1993. Applicant provided City with an easement to extend sewer along north lot line of property to sers'c properties to the east of residence. The width ot the eaicment is not shown on the updated survey nor the exact location of the culvert that drams beneath the driveway at the north side of property and eventually to pond to northwest. The neighbor to the immediate nonh has voiced concern with additional drainage from new construction increasing runoff and storage of drainage on his already severely limited property. Staff has completed a siie inspection with the City Engineer. He notes that the majority of drainage from this structure can be directed to the culvert at the southwest corner of property that drains under Leaf along the north side of Bayside and eventually to Stubbs Bay. All downspouts will be directed to ite southwest drainage ditch Review Exhibit F. Note that the driveway shall be raised and allow drainage to flow to the south. It is not clear from the preliminaiy information received whether applicant plans to install a new foundation. If this is the case, this would be the opportunity to relocate house at a conforming setback. If there is to be further expansion of the second floor above the existing residence, the City will require confirmation that the existing foundation can support the expansion. Applicant should provide Planning Commission with more detail as to the amount of filling and cutting to be done. Review Exhibit E, the north elevation shows cutting into the bank at the northeast corner providing a lower access door to the north yard from the lower level garage. To date we have not received to-scale drawings of elevations so it is difficult to coi^irm the exact height of the addition but it does not appear that there will be problems with the height. Zoning File #1912 April 14. 1994 Page 3 On yoar site inspection, you will note there are hoses k«iing from basement at the south skk and an extensive hose draining to the north culvert. For many years this residence has had flooding problems during the wet seasons Applicant should provide deuiled information as to how the basement in the existing and new addition will he kept free of flooding. Upon our site inspt tiion, staff also observed inoperable, outdated, licensed cars stored on the property in addiik»n to storage of equipment, ^niikling materials, etc. along the cast lot line With three storaee facilities, applicant should be asked why these items cannot be stored within storaee struemr^. Storage of the inoperable cars are in violation of the code and should be removed? The other materials and items shaild be stored within the three storage facilities at applicant's very earliest convenience. The City Engineer reviewed the final grading and functioning ot the culvert at the north property line He noted that he would be in conUct with the contractor who did the final grading and installation of the culvert so that a regrading can be done providing positive drainage to culvert. The culvert has sunken over the winter and needs to be cleaned out and re-evaluated. There appears to be no problem with the neighbor to tte north ’s front yard that receives the majority of drainage in the immediate neighborhood. Issues for Consideration 1.Applicant shcKild advise if existing residence is to be raised and a new foundation installed Review Exhibit H that defines the building envelope. The 73' long structure could not meet front and rear setbacks. What setbacks would Planning Commission recommend? 2.Total residence structure is proposed at a 73' length. Because ol a limited depth of lot, should structure be redesigned to conform more to building envelope? 3.How is flooding of basenaent areas to be addressed by applicant? This Is a mute question if new foundation and filling is proposed. 4. Other issues raised by Planning Commission. Any condition of approval must include the following conditions: 1.Detailed grading and drainage plans to be submitted with building permit application. House plans must locate drainage pipes with downspout. Drainage from roof is to drain predominantly to southwest culvert. 2. 3. Removal of all exterior storage violations. If new foundation is to be installed under existing structure, what setbacks v. ;ll be recommended? ^ ^ IX ^ CITY OP C^OStO - VARIAMCB AFPLICATICW ^ ' Initial Application Fee $175.00 ($50.00 per each additional variance) » _ Renewal Variance Fee $100.00 ^f"F" t aws? jt (no change £ron original application}w ^ ^ Variance for non conforming use $200.00#/ Q J ^ After-the-Fact Fees (Double application fee) *" PROPBKTT INFORMATION Site Address ST._ _ _ _ _ _ _ _ _ _ 0i*-l/7-;.3a.iS2iPProperty Identif. Number (P.I.D.)_ _ _ _ _ Attach legal description to application ii not included on required survey. Date Property Acquired S _ _ _ _ _(month/year) I (do)(do not) also cwn the adjacent parcels of land. CITY (f OHOiO Present use of property: X residential _ _other (specify) rvALiurF f^rir£ Zoning District:________________________13:CVV(K>00 ^ ^ ^ ^— — — — — — — — — — — — — — — — — — — — — — — — ^^ ^^ i/*7 *7 “7 •.vv.vv APPLICANT Phone (home) *1 i w 7 ^ 200»^ RECEIFT-IHAHK YOU Name m H’! LLm«L¥\ Phone (worlc)__^29U690 COOl ROl T09:5C - - - - - - - - - -- - - - - - - Address: Lt-^f ST._ _ _ _ _ City: Lof\J Zip: S‘S‘3^^ ONMSR (if different than applicant) Phone (home)_ _ _ _ _ _ _ _ _ _ _ Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Phone (worJc)_ _ _ _ _ _ _ _ _ __ Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ City:_ _ _ _ _ _ _ _ _ _Zip:_ _ _ _ _ _ _ DESCRIPTION OF REQUEST Describe request in detail VARIANCES RBQOIRB) _ _ Lot Area _ _ Lot Width Hardcover _ _Lot Coverage X Setbaclc: X Front X Side ___ Rear ___ Average Lalceshore ___Other (specify)____________________________________________________ mmt mm mm mm mm mm i BARDSHIP/DESCRIPTION OP UNUSOAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual ^operty conditions preventing compliance with Zoning Code requiremei^s il ZI aA^ 0tM^ "Ta^ tf\ia2 ju^ ■H/ /«.JV citut. we.J (attach additional sheets if necessary) KEQOIRED SOBMITTALS All of the following Inforaatioo Must be submitted by the applicatioii disadline date in order for your applicatioo to be considered coapletei 1. 2. Coaipleted Application Forsi _Certified Property Chmers List of owners %rithin 150* (you oust obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. _Plat Map (obtained with property o%mers list). 4. _Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8*i"xll" for reproduction). 5. _ _Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8)ii”xll”). 6. _Sketches or plans of floor 4 elevation views (provide 1 copy 8H"xll"). 7. _As an addendum to this application^ please attach a separate list of 8. any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application ia not ccasplete if the above informatl<m has not been included. APPLICANT'S SIGNATORB The applicant hereby agrees to provide all information required or requested by the Zoning 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 Signature _____ Date 3 ~ *7 ~ V ONNERS SIGNATORB The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga­ tion and verification of this request. Owner's Signature Date 3-7-^H Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant Is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building 4 Zoning Office of this change prior to the meeting. > • » \• • 4 I \\ . ' * • ' ^ \ * V*. V J \ I > c L L ■UN OATI tt/ttm * MTCN 004 i--r"T . yM 04>U7-2S 2S ■■OP AOOR ^00570 LEAF ST OMCR NAME ^'i-MJOYN MARXC STEMAItT TAXPAYER ^».';[l.RatYN MARIE STEMART NAME/AOOR S5S5A r ;* t; S70 LEAF ST ^LONO LME m ■ J ? t, T—— / MEMMIFIM county PHOFf ETY INFOUHATION SYSTIH # MOPflTY ONNIiS LIST5a Oa-117-ES E5 0P0500570 LEAF STOOOYN HAOIE STEMAATWSYN KAIIIE STEMAAT170 LEAF ST - . • " LGN6 LAU in 555S4 ; • »*, .?•* -^50raoo Aoot r ^ 0A-U7-ES ZS 0007 . // OOlfO LEAF ST ; QM«A NAME r KATNAYN A ANDCASON TAXPATEA AATNAYN A ANDCASON : NAME/AOOA -190 LEAF $T A- I' *• • . LONB LAKE H4 S55S4 '»• CAtCA NAME TAXPAYEA ‘ / NAME/AOOII , M l 00-117-El IE 0007 01190 SUSSEX AO N N i 0 C MILOHAN NZNA M A DONALD C HILOHAN 741 MAXN8 HILL AO NAYZATA MN SS19I ' v>. V.. * v'M Of-117-El 14 00S9 PAOP ADDA 00175 LEAF ST OMNEA NAME ^ . ELXZAOETH P VOGT TAXPAYEA C. ELXZAKTN P VOGT NAME/AOOA / 171 LEAF ST ' LONG LAKE MM ' : *;r .‘ 5S154 jj’.r r; ‘ • >:• 4 •, .‘v« . -..j .'v . •y' iV- •,. ■. i: ' . j- •■ . A' .... , - . . .*5>r 1'REPOT NO. PI*l$40l*‘* J i* ‘PR6t •’ - 'SS 04-117>ES tS 0W4 •MSS SMRESS UNRSSIQNER ROBYN MUIE STlMUrr ROBYN MARIE STEHMT STB LEAF ST LOMi LARI W« MSS* SB 0A-117-ES ES OOPB •05*0 LEAF ST N C FURCtBCR JR ETAL NENRT FURCNNER S*B LEAF ST LONB LARE MN S5SS* * ; < • ' ▼ *,• . I» M 04-117-El El OOlO 00400 LEAF ST E T i S A HILLMAN TINOTNY HILLMAN 400 LEAF ST LONO LAKE HN MIM I • •* M tU-lif-Zl IE 01140 SUSSEX AO N N i 0 C MILOMAH KINA N I DONALD C MIL OMAN 74S SPAING MILL AO NAYZATA m 55191 M 05-117-El 41 OOia OlEll GAYSIOC AO A J AOWINS I T L AOiaiNS AANOLO J AOnXNS lEll SAYSIOE AO LONG LARE FW 55154 * M 0S-117-E1 14 0007 OlEOO OAYSIOE AO t J" AIT HINKEMA ^ . AOGEAT L A TCAESA N HXWIHAM lEOO OAYSIOE W LONG LARE MN 55154 -. ’ -Tf' ' -y * *». .11 A • / > ' # % R n* • jte,. TOTAL BATCiiy It . A >•1V' i .Ip' -••w 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE ' W41 ^ REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPEMV^TAXATZON, TO Vfi REST OF MY KNOMUDCS AND BELIEF :^/V'Tr t •‘y ipT-:. <t97gp»»W< toA ^ P I ^ I . ^ CtGNET u?-* sr» 9 ^ ^ « IH 5 P nil 11,1 >0» (SI) (IT)(20) 6 ‘‘fsiiV BAYSlDi DOOOr :. \ •X ^........ ^ • iL 4^r, cr *i’ ITW H»- W NO iir . .'a \ •C » X •1 i ('O ^"1 'h-«^b----m7m BA ^ Ift--1 IHU^iri ?^«.0l 1 / (10) JiJ \, \» .-4 >4 a i?T3r (12)mUD (la) ?K- Ot/i//-%L a'^. 'i;^ D Front Yard Setback Varience Our existing house, west wall is 23.3 feet from the street, side property line (front yard setback). We would like to expand our living room, which is 28 feet fron the west property line. The only direction we can expand our living room is north. We would like to followjthe existing living room west wall going north for our addition . Side Yard Setback Varience Our existing entryway to our basement on the south side yard is only 3 feetwide. To accomodate a split level entryway it will require a 10 foot area. The south side ya?"d is the only feasible place we can have the main entrance to our house. ^ SuS aj/\ Mi ^ 1 f I s.iPtiT % i' !■ -'-4fi CO M.w.tilLLMAM * i'j-l""" Top VIkw i&isriN^ poMcf tRoFjii£o rioN92*$*DtC»^ irvmtf iT Roo^^ TI parlor t • DEN •♦UP ^ SOLAPIUNI AATN ♦OOf- CTom TAPUIY ffOOfA So' UPPER GARAGE H' 1 ois.*n*!'i R oom A •T-i iUTCHiN k. ► irr wr^j EAriN^ AlCA k-J » I U J lo^ KL (looLl)- ExisriNG OPOUNO livci MO CHA m^^ nkitfg- (f Tl.f s. 3SJ^ vb rjTop View_t»»ST>M6 yeust - 02At*vnj’to Posed .DECK iZ'nllSf,------ --- ti l' ---------------------f-44'. n i I -t- — — — I I spilr I4«i.pv/€L I fWTPy «. J L- nr 2ph Ciee*i UCK =te ::^£rj2^ 'cD fr.rrJli 1:0 • MCK ^ACAPE EfiJUMDATieN^IW., iivtL ^ p 11I f_ 1 .1\•I 1 5. > ^WUl nrrm rTTTTTl £. Hillman 33' ^---------M ^ • ; *» *. * .• “V F3.0 LU Hi CC </) «» N*M ♦— k/es^ /tpr afju>V4 HJ %of % % No S % \o LL 13 ’ 1 U^ej¥ 'Afrmir , ..../Si Xoo. eo N Vfos'Tit W 167 0 O (f<?•!>} r.\ (^72.4) I { I X « • 1 • s fsl / a*i ; ; ^ / / • •4 * \ SheA irr f uz infiiinuitinij I . \ \ 7k *r fsPUrC**< 771 — r----------.*! •n t>cci I-r 1^! -----/7.5 ....... Cp^ycii TV pt pfM0k^n rr- '' ‘1^ E'S>‘"9 ^ fxepasf» [/“ !♦ a,v/y///z 9o«o TTFHi ^ U' /#•. <7 /^.a 'jT J J ^ ^ V Us ’ X vjufe^ ^Fr". hi05fi|^ /VOZd/f # €A^rAjr ^ Nw -T (i ^ W 7^ V * 441 ^ / V/// // // ///> / / Z //// / >1 / 1 / //g$^ of ru^ Y4 #/ isi er c&^icryH i^z 200. oo Legal Doscr.lption (froin Owner) That part of the Southwest quarter of the Northwest quarter of Section 4, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows; Beginning at the West quarter corner post of said Section 4; tlence running north along the section line a distance of 21'/.8 feet; thence east 200.00 feet; thence south 217.80 feet; taence west 200 feet, containing 1.0 acre, more or less. Fci purposes of this survey the east and north lines are assumed to be parallel with the west and south lines of said quarter section. This survey shows the location of all existing buildings in relation to the bc.undaries as stated above, and some proposed additions t’lereon. It does not purport to show any other improvements or encroach­ ments. (77/.fj : Existing elevation • ; Iron marlcer found o. ; . Iron mariner set • . Ul bcn h 2 m J Bonestroo Rosene AnderlikA |\|f Associates Cnflfn«efi A Architects April 13, 1994 Om c ^ M»t w tarn. C AAMkfi. I Smi ‘. ^e. C Vnis Pt. Gi«nr « Cm«. ^ e WE. 6 tchuiM.*«. M M. mtum, CFA Afntf %i KX » LiiATti. Af %MIM. PI A. A. At PVMM. «K IMP. il C tk^mk Aia jmtfA.mmm.Pi pf Pi Mi PMPi AiA Oify C Otrwf i mMi 1 Ahfyi. PI AMildMiH MM MMM Pt i CmM Pf liiaia\IMa^ z •Mii «Ptn t- Pi. Oi^yOPMMPi. r MMmmPI pf ^c.HnmpfL iiMPOamt Pt CniMH A kmm Hmmm Uf»»in p e>ifiPHM Ms. Jeanne A. Mabusth, Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re; Hillman House Addition File No. 139.1912 Dear Jeanne, We have inipected the site of the proposed house addition on Tim Hillman’s p«t;perty. The siu is located on the east side of Uaf Street, south of the Luce Line, in the northwest comer of Secticm 4. The majority of the lot drains north through a culvert and drainage wale to a ponding area on the neighboring lot The culvert and swale function poorly and for this reason we would recommend that no additional runoff be directed to the north. Most of the existing house hardcover, downspouts and sump pump lines appear to drain south and west to an existing culvert under Uaf Street near the southwest comer of the lot We recommend that the future addition be equipped with downspouts. All downspouts and sump pump lines should be directed south to this culvert where possible, to avoid an increase in the runoff to the neighboring property. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO. ROSENE. ANDERLIK Sc ASSOCIATES, INC. Shawn D. Gusta^n, P.E. 1214 west Venture Court • wi . ... . I 40. 41. ■'TilTk«P* SB' TOT*? I* -tf. 'ii:5 iS*-J*JLi?*®4. “« »•••j »■«•« BOOM 910 of Sooda Pom S14Sur jfSL CoMU.miOB woo.oo*^9ifb port- of ]H» of Soo.4-117*SS dtaeribod oa fSlowa: bodlnnliid quarter Sootloa 200 foot Eaot S ■•^5 Kaat on aald Southall!! 2fio k2t.*??!*^ *i thereof; thonoo teat 200 foot;®?SnJi “So5lh iJo felt **‘*“®* «o^.y»4 to Slaotrle Short Um hIu,„ is:: For Jhd^Bont and Bankiufitev «iiih.ortH —. ____ . . Gaj^-cLc/Ic^ 34. ihiat part of ot Soo.4-11T-Cp doaorlbod as follows: &t s ooiat on South 11ns of a*^^ . li of “ '*** stis/j.r"f.Mabsl Bathtr,UhaarrisA To John Maths r to Kisotrlo way ow and aoross sown cwto said first 0^ of land for uss in of horolnboforo 4oo?f}J*J,St»rbT «i«oo1too, holro onl f sans sto* for in o W« Pssd. July 22» 1914 fllsd ^7 5^*Booh At of Bssds Pags 198 Consiftration f900*00 Sams land as in Ho* 84 STOth"M"oS^orotoforo r...rr.» b, »Hl.r *♦ ltotl.or. E.t.ll* P. «bth.» ^ l».l »» * John Mathsr Sadis» wlfs *9John J• Bilsj John J• Rilsj To John Hsthsr John Mathsr To Stats Bank of Long Inks s5m.w«(,”V. ’•■ Sams land as in Ho* 84* Assignnsnt of Mortgsgs Ho.86 patsd Jhly — * 1918 Aoko Julx IT, 1910 Fils A Jhly 26 • 1918, IJ* Book 989 of Mtgs* Pags 492 Consldsrat ion f400*00* . t. ♦ «4.4^00 a«f Wortsags Ho* 86 REQUEST FOR COUNCIL ACTION DATE: May 3, ITEM NO.: ^ Department Approval: Name Jeanne A. Mabusih Title Building Sl Zoning Administrator AdministrattMT Revkwed:Agenda Section: Zoning Item Description: #1916 Irwin and Alex Jacobs. 1700 Shoreline Drive - After-ihe-Fact Variance - Resolution Brief Review of Application Please review the enclosed staff memo dated April 14, 1994 for more detail and background on this review. Council was advised of applicant’s immediate iKed to install a guardhouse in the fall of 1993. Applicant proceeded to construct guardhouse without the necessary permit approvals with the full understanding mat an after-the-fact variance would be required! In September of 1993, applicant received approval of a variance to the allowed total area of accessory structures on the property proposed at 10,633 s.f. where only 6,000 s.f. would be allowed. Councilmembers may remember that applicant was given the opportunity to alter one of the existing accessory struemres by 160 s.f. so that the allowed accessory structure area would remain at the approved level. Applicant’s contractor has advised that this was not feasible and applicant had to proceed with construction of guardhouse. The Planning Commission wanted to be on record as stating that they are not supportive of after-the-fact variances and were concerned with the precedent setting aspect of such approvals. Staff noted that circumstances surrounding this request were unique and that the approval resolution would include the necessary findings. The Planning Commission recommended unanimous approval of the variance application subject to applicant submitting payment for penalty fees for both variance application and building permit application. The applicant has made the necessary penalty fee payment for the variance application. The enclosed resolution has been drafted per the findings and conditions of the Planning Commission approval. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.0^, SUBDIVISION 9 (C) FILE NO. 1916 WHEREAS, Irwin and Alex Jacobs (hereinafter "the applicants") arc the owners of the property located at 17(X) Shoreline Drive within the City of Orono (hereinafter "the City") and legally described as follows; refer to Exhibit A (hereinafter "the property"); and WHEREAS, tl; * ikant has filed for an after-the-fact variance application with the City of Orono per Municipal Zoning Code Section 10.03, Subdivision 9 (C) to allow a guardhouse at 160 s.f. requiring a variance to the allowed total area of accessory structures on the property proposed at 10,793 s.f. where only 6,000 s.f. in area is allowed and where 10,633 s.f. exist. NOW, THEREFORE, BE IT RESOLVED by the City CouncE of Orono, Minnesota: 1. 2. 3. FINDINGS This application was reviewed as Zoning File #1916. The property is located in the LR-1,^ Lakeshore Residential Zoning District requiring two acres in area. The property consists of a total of 33 acres with 24 acres of dry buildable. The Orono Planning Commission reviewed this application on April 18,1994 and recommended approval of the after-the-fact variance to Section 10.03, Subdivision 9 (C), based upon the following unique findings and hardships: A. The current accessory structure ordinance does not provide standards for an estate use. Such use does require special consideration. Page 1 of 4 B 4. 5. C. D. E. F. In Sq>tember of 1993, the City approved a similar variance allowing total area of accessory structures on the property at 10,633 s.f. where 10,982.8 s.f. had existed. The current application proposes total acce^sory strw:ture area at 10,793 s.f. The applicant had advised the City in the fall of 1993 of the immediate need to install a sophisticated security system on this property involving installation of a guardhouse at a strategic location to the entrance. The City of Orono’s police records reveal several instances involving intruders on the property, property damage and other instances that must remain confidential but are of record at the Orono Police Department. Municipal ordinances of the City do not provide for an abbreviated review for such emergency situations that would have allowed the City to issue a building permit to expedite construction of the guardhouse. The City Council and the Orono Building and Zoning staff were made aware of this entire matter in the fall of 1993, prior to the installation of the guardhouse. 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 cotKlitions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Conunission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 4 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the ".ndings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Tection 10.03, Subdivision 9 (C) approving an after-the-fact variance to the allowed total are, of accessory structures on the property of 4,793 s.f. or 79.8% (allowed 6,000 s.f.; proposed 10,793 s.f.), subject to the followmg conditions: 1 Applicant or applicant’s contractor shall be responsible for obtaining a building permit subject to after-the-fact penalty fees. 2.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 ten days of the date of Council approval, or the special conditions of this resolution will expire on that date (May 23, 1994). 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constimte a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of May, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner (s) Page 3 of 4 4^ I I STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of May, 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of _. 199 __before me a Notary Public within and for said county, personally appeared -------------------------------------------------- known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ____day of___, 199 before me a Notary Public within and for said county, personally appeared ___________________________^^--------------- known to me to be the person(s) described in and who executed the foregoing instrument.and ackiK>wledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 EXHIBIT A To*-^ 1 and 2 in Section 10, in That part of is^’described as follows, to wit; :hio 117 of Range _ _ , . . meander Dost in theTownship 117 of - „est of the meander post in the Beginning at a poin*. ^ ‘ said Section 10; the thencesoutheast corner of said Lot 2 m sax _ running north 20 chains the we^ste^rly and"norther\^y so-called; thence along in the north shore of shore of said Lake to t e ^ ^ said Township and said Lake and between “ line between said Section 10 Range; thence north on =^e section nn^ right-of-way of the and 11 to the Northern Railway thence south- Minnetonka Brancn of line of said right-of-way to thewesterly along sard southerly line point of the intersect-on eaid Lot 1* thence turning and light-of-«ay with the west line fj»^^teasterly direction 654.8 running in a straight li which is 236.8 feet east of thefeet, fore or less “ a point «hich is 206 8 west line of said on a line parallel the north line of said -ot 2, said Lot with and distant 23«-8 tr-he north2, 1,016 feet more or l«ss, to ne nort Minnetonka; thence easterly *? *ceordina to the governmentMinnetonka to the place of beginning, according to the go survey thereof; and Lot 2, Block 1, Millston, all in Hennepin County, Minnesota, i I To:Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator Date:April 14, 1994 Subject:#1916 Irwin and Alex Jacobs, 1700 ShoreliiK Drive - Conditional Use Pennit Public Hearing Pertinent Ordinance Section 10.03, Subdivision 9 (C) (2) Total allowed area for accessory structures in excess of 9 acres Existing = 10,633 s.f. Proposed = 10,793 s.f. 6,000 s.f. List of Exhibits A - B - C - D - E - F - G - H - Application Addeixium per Jensen Homes Jacobs ’ Letter of November 30, 1993 Property Owners’ List Plat Map Hardcover Fact Sheet Elevations/Floor Plans Survey Description of Request Applicant has installed a guard house at approximately 12’ x 16' in the southern yard of his lakrshore property. Note a lakeshore lot is allowed to have structures between principal structure and street. The structure meets all required setbacks. The only variance required is the variance to the allowed area for accessory structures on a property that exceeds 9 acres in area. In the fall of 1993, the Building and Zoning staff was advised of Mr. Jacobs ’ problems concerning li;c immediate need to insull a sophisticated security on his property. There was no way for the City to allow a building permit to be issued for this struemre because of the need for the variance. Applicants ’ contractor was advised that in the recent variance approval in September of 1993, a specific allowance for the total area of accessory structures was approved in that land use review. The contractor was advised that if Mr. Jacobs was willing to remove 160 s.f. from an existing accessory structure and if total area was maintained at 10,633 s.f., the City could proceed to issue a building permit. Staff heard no further from Mr. Jacobs or his contractor. The applicant proceeded with the installation of building. Applicants' contractor was Zoning File #1916 April 14, 1994 Page 2 advised of the need lo proceed with an after-the-fact variance. City staff does have a vrticte Sle tolem allowing for an abbrevu«l review by the C^il that would have allowed the City to issue a b .ilding permit to expedite construction of the guard house. damage/ The applicants’ have asked that we provide no further detail on the specifics of these incidents. Staff Recommendation .f. of accessor)' structure area, subject to the following conditions; 1.Applicant to submit an additional $275 to complete payment of tlw after-tte-fact variance application fee at $200 (already submitted $125) and the after-the-fact penalty fee of $200. 2.Applicant to obuin a budding permit subject to after-the-fact penalty fees. suff has been in contact with applicant's contractor to assure that members of Planning Commission will gain access lo property over weekend. im WI if 0* <* %• •jp Pr 2 J^v r rTv rr .-.t *^-.* W 4.... M.J. Y>ify^c • f*i*r M t I t w *4, VA i?W» n ;i.^.vw CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 1700 Shore! ine Driwe Qrono. MM—SiSMl • < 0mm m A *( w i Iw I ^ w A L'^'rCTOr^TUMk' VAHI, *UW-- mJ/wpv wvva ilvA _# y ^JWW W^PIP A# WW >JMWI ^ ■ ■■ ■ ■ ---------------- ----------- ------- Type of Application to be Filed Conditional Use Permit-Residential Accessory Use Pre^rty Identification Number (P.I.D.) 1011723140014____________ -■ APPLICANT Phone (home) Address ftm tatoch^ro pirwy OWNER (if different than applicant) Name Irwin & Alex Jacobs_____ Address 1700 Shoreline Drive Date Propeny Acquired 1973 Jensen Phone (wx)rk) 475-0548 City MInnetnnirA 2Hip Phone (home)473-0331 PhcMie (work)rt7-ioai City urono Zip (month/ycar) I (do) (do iK>t) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS • $ 50.00 For each variance request with CUP application X S125.00 Residential Accessory Use $200.00 Institutional (church, school, etc.) _____$175.00 Guest Housc/Gucst Apartments _____$150.00 Duplex Credit/Bldg _____$250.00 Commercial/Industrial Use $200.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 101 cu. yd. or more ____ Grading, seawall, retaining walls within 75’ of lakeshore _____PRD/PID - see Fee Schedule $100.00 Renewal Fee (no change from original application) _____After-the-Fact Fee - Double Current Application Fee CITY OF ul<C,i0 FlHANCE OFFICE 1350200000 01 CEH 275.00 cm 71 275.x FECEIPT-THAi^K YOO fi302760 COOi kOi Til 05/03/9 •r OTHER APPLICATIONS _____$200.00 Commercial Site Plan Review (+ consultant fees) _____$250.00 Vacation _____$175.00 Easement Vacation _____$ 75.00 Easement Vacation With Subdivision ____$300.00 Rezoning (PUD - refer to fee schedule) _____$3(X).00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District______ Present Use of Property__X Residential 6 Other (specify). REQUIEED SUBMITTALS [___Coopkled ApplktfMMi Fotm. Describe requot in detail. Certified Pr^rty Ownen list of ownen widsiA 330* (you can obtain this list ftoin Hemqnn County Dqnraneot of Pounce, A-ti03. CemBmeni Cfcnttr. 341*3271). ___put Mq». ___Ceitilkatc of Survey (signed by a licensed nirveyor) * refer to baadout for survey iofonnatioo. Attach legal description to application if ooi included on required survey. Topographic survey (caistnf and proposed coofouis) if land altenuons involve changes in elevation (grades). List of the legal »*■««« (include marital saais) of all persons with an interest in the property. This would include vanteis) of *pplicant(s) if noc current owner(i), Connruction plan, if ^icabie (see staff for requhcmeoti). ___As an addendum to this application, please attach a separate list of any other penons you wish notified of this applicatitm. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (ll" X IT* OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitied.) The Applicant and Property Owner roust sign this application. Please remember that your §ppiiMtir>n i$ HOC complete if the above infonnation has not been included. CciuTieation by Clencal Department that Land Use Application is complete. Ihitialiof Clerical SttfT:_____________ ---------------—------------- 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. APPUCANTS SIGNATURE . v ,w ^ The applicant hereby agrees to provide all infonnation required or requested by the Zomng Administrator, agrees to pay additional fees (staff lime not covered by original fee payment) and/or expenses Incurred in review of this application, and certifies that the infonntoon supplied is true and cotrect best of hu/h« knowledge. Applicant's signature Date Owner's signature OWNER^S SIGNATTJRE The owner hereby acknowledges and agrees to diis application and further aphorized rewnable entry onto the property by City^taff^coosula^. agents, commission members, and CouncU members for puipoaes of invpsfigajj^RP^d**9M**^* . Date ^ - of this ebaofe prior to iIm iiMetiag. Lt -1 €I■>h '•Vn ^ JENSEfl HOID^. INC B CAHLSON CENTER • SOI lAKESHORE rASJCWAy, SUITE 1??5 • MINNETONKA. MN 5M0S • 612'475 0M* • FAX 612/475 245* CHy of Orono Roquost OotcripCion 1700 Shoralino Orivo Orono. MN 55391 We would fike to request a conditional use permit to be granted for IfM^n and Alex Jacobs in order to accommodate secunty personnel and secunty equipment located at the entrance of their property. Due to tne unicpje and immediate need for this structure it was started without the approved permit. However, this project was previously discussed with the City of Orono. ■ Irwin L. Jacobs 100 South F3f}iStre0 S«ilt2S00 Minntopou*. MinnsoQ 35402 Tehphow. M2/317-UOO u*- I November 30, 1993 Ms. Jeanne Mabusth City of Orono Building fc Zoning Administrator 2750 Kelly Parlcway Orono, Minnesota 55356 Dear Ms. Mabusth: In accordance with your recent conversation with Jim Jensen on my behalf, I am writing this letter to request your assistance in obtaining a building permit for the purpose of constructing a guardhouse on my property at 1700 Shoreline Drive. Due to a recent incidence of intruders being seen on my property, as well as other alarming circumstances of which the Orono Police Department is aware, it was determined that a manned guardhouse would be necessary. Furthermore, the traditional process . conditional use permit would not provide the confidentiality needed because public hearings would be required. In addition, because all security wiring will be controlled and monitored by a fulltime guard from the guardhouse location, there is an urgency in obtaining a building permit as soon as possible so that a guardhouse can bo built in the quickest possible manner. Please don't hesitate to call me if you have any questions or need further information or clarification. Your assistance in this matter is greatly appreciated. ILJ:rs V.•i ^ WLISTON 10*^4*TjSI[?uSy^»UW»U • • t KffHCLL^4:T«a»AYEt\aOONEY P MMU ^^‘•‘*iVfiHPtS m SM31 .LTSi S. >ji ** u o#uAODW .■'»’ 01700 SHOOf LINE DO'f ?2J!vS* «52^ •• " 2^ TONPAv** joeoos 00 SSS91 - o• 0 - UMOmTAIOI K -v •fTi ■ i *• .’ : ‘; i»/ ■;>v “10-117-El 4* OOOl 01140 NEOITAa LA4:; 0000 ADOO. Jowio mn^____ V fi* • - V «001TAei LONE *:, , MOYZATA m §5141 ''V-;- • V - ■ • • •• • , fi ..** #-» - . t * ' ■ 4 . • * . tf i -■** > A'. 4 ’>.f .-4^ •*’A." .*. *^ 1' * . :.v^ « i t *'> o' ': ■VJ ■>- i -'* . **.> f V < ^ ' .4# •.• . v*; i. « ,. • 0 ......4>.'n,.'vr \i: :. ;'\ ’ •'4I« • £ . / I •4 *. . • *■ • ■ • A ■ isl4 < ** * '.«■ • V , 4 ’ . v'r i.* yo* *-k* I ..* • «• I .« *.K - te #;i47 / ”“ “^SK'srss.s'ts?"'*'M lO-117-El 14 OeU OOOJO ADOOESS tMASSIOSB * 0 OUMELL i 0 E OUOI^LL OOONEY 0 OUOWLL 7401 XERXES AVE $ 0101 »»LS »0I §5411 *• 10-117-El 41 0001 S!S. SSS? OAVIO H NXNTON 4422 IDS CENTEO 00 S OTN ST HOLS m §§402 .. . T . . r »■EOOOT NO. 0X415401 v " ** OACi*0 10-117-21 14 0011 00010 AOOOESS UNASSXGNEO IOMXN L JACOBS ETAL ZMXN L JACCMIS 100 5TN ST S STE 2500 NOLS 101 §5402 •1 V •'• ’•* f * * * ■* «• * , SO 10-117-21 41 0002 •* •0010 ADDRESS UNASSXGNlO - rOXHlLL ASSN rOKNILL AS9I 1140 .lERZTAGE LA NAYZATA m 55141 • ‘C ‘4^ ’ i ''.••> . iJ' ■■<. ', • ..y., .. ■• .. .r»V-.‘i J' fl' 4 IS""' ^". h '* . ’ 5**4‘ ■■ f‘je ■ • , «, • ■;S?,.rJiV, ?',.• • . A • • • • it../ ***1^ ' I * . ’ 4V. -;.*•, * f . I vjJ 4' TOTAL ilTtif’002 IHW2S CD‘ r - I *k • - -7 ■1' • r i-»'- * ^ r ♦.• ** - : *X •' c ? •* •. •* • .* • ¥ • * ♦ 0 ’ ^ • ^ • f-‘Ko-s ' ‘. V I >» • * • - -V^-- REPRESENTATION S'INFoSATlST^^rApSAK TRUE OF THE ME»OCPIN CCXJNTY^DEPARTM^^S^P b SmtZ^J? ^ RECORDSOF m KNONLEOCE AND MLIEFr . PROPERTY TAXATION. TO THE BEST •.. . . i '- r- !^ . •■ ..■ 1: .. '. - M •. ■ P ^ . f* f s > '• •• ' jr •■ IcLIEFy^^ ^ PtWiUTY TAXATION , *''V- \i-t. • V4#.. * N- V K* ' • •. . .; • ■ . ♦ •■ •- 'I ' :,v . “S V. V.' ' * ‘ 4^ .. • Lr' ‘ - >MM DATE OS/ei/W »«>#«F1N cowry WOrtBTY INTOMMTION SYSTEH ^MMEATY (»tCKS LIST•» t"■«««sa.' io-117-n IX oooii i doom:,- AOODCSS UNASSIGNEO■iJ • H *• azmam^ f 17A5 FOX STSE^!E.‘rf“ W OOM SB 10-117-TJ 11 0002 00050 AnWESS UNASSIGNEO KLEOO CNTY REG RAIL AUTH DAKOTA RAIL INC 2S AOAHS ST N HUTCHINSON W 555S0 * •■« V'- -. •>v>- • ^ t » •»; ./I 50 10-117-25 1* 0005 01005 HERITAGE U 0 A A DEAL DAVID J DEAL 1005 NERITAtt U MAYZATA m 555«1 t boor t OK 10-117-25 11 0008 : I heritage la 3 ^ JOMMON A N L J0M60N 1028 heritage LN . *'**^fST 1**. li- 58 10-117-25 11 0017 00050 AOORESS UNASSIGNED OAVIO N NXNTON OAVIO H NXNTON 0422 IDS CENTER 00 S OTH ST MPLS NN 55402 117-21 11 0014 ’^SI2.*2?L^I *“*• Bb0RESs'lM;;iilGHE0 I!**-®* • »«RNIGHT, « « ^ < f» PaNTON feO-ii ^IPsis«j?-5ss.}ir r'- DAVID N NXNTON '422 IDS CENTEI 0 S OTH ST ?. •. / t •‘ if 88 10-117-21 11 0020 00010 ADDRESS UNASSIGNEO OAVIO N NXNTON OAVIO H MINTON 4422 IDS CENTER 80 S OTH ST MPLS m 55402 •'-•V 5I5KI m i . »• Vr# •• 4’’ B f ’ •• y: » ' •■' f r AOOR OWER'.NANETaxpayer jc r tf'§ J 01700, SHORELINE OR DAVID N HINTON • v • DAVID H NXNTON 4422 IDS CENTER . 00 S.OTH ST. HPLS W . 'i 55402' *-. . so 10rn7r21 14 0000 01050 4 NXLLSTON RO R^OURICLL v A D E BURNELL 800NEY P BURNELL 901 XERXES AVE S 0201 - PLS W ...iB5451| ; fiV > ' ‘ < so 10-117-25 14 0005 01000 HERITAGE LA STEPHEN NHITEHILL S1EPHEN NHITEHILL 1000 HERITAGE LA NAYZATA m , 55591 ^Ti "4* / Vlt. ' . •-»'« so 10-117-2S 14 0009 01000 HILLSTON RO R P BURNELL ABE BU04ELL ROONEY P BURNELL 7901 XERXES AVE S 0201 MPLS m 55411 C .’> : >■ 4 r * % - so 10-117-21 12 0005 00450 BRONN RO S OARY D FRETHEIH ETAL CARY 0 FRETHCIN 450 BROW ROAO NAYZATA m 55341 SO 10-117-21 15 0007 01000 HERlTAa U DAVID H MINTON OAVIO H HINTON 4422 IDS CENTER 00 S OTH ST MPLS MN 55402 SO 10-117-21 11 0010 00050 ADDRESS UNASSIGFCD DAVID H HINTON OAVIO H HINTON 4422 IDS CENTER 00 S OTH ST MPLS HN 55>»02 SO 10-117-21 14 0002 01700 SHORELINE OR OAVIO M HINTON OAVIO H HINTON 4422 IDS CENTER 00 S OTH ST MPLS rt< 55402 SO 10-117-21 14 0004 01125 HILLSTON RO R P BURNELL ABE BUlWELL ^ ROONEY P BURNELL 7401 XERXES AVE MPLS MN 55451 SO 10-117-25 14 0010 01100 HILLSTON RO R P BURNELL A E E BURICLL ROONEY P BURNELL 7401 XERXES AVE S 0201 MPLS MN 55451 /Au/If' T^coffS (Tft'IffJ H4r-<(s) J-Z¥-Vf HARDCOVER CALCULATIOH HORKSHEET • _____• SETBACK ZONE: (CIRCLE ONE) 0-75 * 75-250 * 250-500* d0O~I00Q^ Existing Hardcover in Zone A. House ' LENGTH fT^grr /umr ' mj>_______ B. Garage c. Driveway X D. Sidewalk _ E. Patio/ Deck p.Landscape AREAS UNDERLAIN BY , . PLASTIC SHEETING X X X PO0L CffuiT To X G. Other WIDTH SO 3SO S.F. /2io S.F/ Slo S.F. S.F. S.F. S.F. /Jg goo S.F. • S.F S.F. S.F. S.F . S.F. S.F. S.F S.F. ZOoc 7^ S.F S.F > • . • I 0^* • . I V } 0 —t yj Total Hardcover in Zone Total Property Area in. Zone . SOj o S.F. Fa* S.F. [gl .» •*“ • • I T] Jo.oso J.rr| X 100 - (• Ci4Af^ z /75 5^. f1 3o,US c_ z:•*?» C) “TJ U I lt«'-o % Lk—A f;*^s \hJ L'iiSiM y—,c=^ /r 11 El , 1 -J ^_ \ /' ^_y , j CD LssatSs \J (J REQUEST FOR COUNCIL ACTION y DATE: hSfUf 5 /On ♦ Jjil ITEM NO 'f!: Department Approval: Name Jeanne A. Mabusth Title Buitdini: &. Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1917 Frank and Martha BcniKtt, 315 Tonkawa Road • Conditional Use Permit - Resolution Please review the staff memo dated April 13, 1994 enclosed in your packet for more background on this review. Description of Request In February of 1991, the applicants received approval of a conditional use permit for a guest apartment in the lower level of their new residence and the proposal met all requirements of the code. The guest apartment was i«ver utilized but now serves as a den/exercise room. The original kitchen has a sink with a microwave. The current application involves an apartment for the full-time nanny to assist in the care of their six children. The caretaker apartment will be located above the garage that was recently added to the structure in 1993. Review Exhibits H, I and J. There is no direct access from the second floor of the caretaker apartment to the principal structure because of the roof design. Internal access to the principal residence is via a ground floor hallway and J.oset that eventually leads to the original garage and eventually to resideiK:c. The apartment will have a separate entrance adjacent to the garage doors. The Planning Commission had no problem with the issue of internal access. In fact, they discussed the fact that they will be considering this section of the code later in the summer. They noted that once again special consideration must be made when dealing with estate-type structures and uses. The Planning Commission recommended unanimous approval of the conditional use permit for the Bennetts and conditioned approval on the requirement that the apartment area could never be used for rental purposes The Planning Commission did not address the issue of the parking area in the front yard nor the issue of the separate gas line to the caretaker apartment. Staff has contacted the applicants’ contractor, Jim Jensen, and he has advised that the informal parking area shall be removed prior to the City’s issuance of a building permit for the new construction. He also advised that although there is a separate gas line, the gas service will be metered under the principal residence. The eiKlosed approval resolution has been drafted per the findings and conditions of the Planning Commission’s recommendation. COUNCIL ACTION REQUESTED: To adopt or amend the approval resolution presented for Council’s action, A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 4 (A) FILE NO. 1917 WHEREAS, Frank B. Bennett and Martha M. Bennett (hereinafter the "applicants") arc the owners of the property located at 315 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as: Tract C. RLS 540, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS the applicants have applied to the City of Orono for a conditional use permit to allow construction of a non-rental caretaker apartment per Municipal Zoning Code Section 10.23, Subdivision 4 (A). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. 2. 3. FINDINGS This application was reviewed as Zoning File #1917. The property is located in the LR-IA Lakeshore Residential Zoning District requiring two acre minimum dry buildable land. The property consists of 34- acres in area. On April 18, 1994, the Orono Plaiming Commission reviewed this application as proposed and recommended unanimous approval based on the following findings: a. The rural property contains adequate area to meet the septic needs at a 7 bedroom level use for current a^ future needs. b. The property contains 3+ acres of land where only 2 acres is required. Page 1 of 4 c.Interior layout and tfcsign of roof prohibits interior access to caretaker apartment from within the principal residence. 4. The Council fir4^ that granting a coixiitional use permit to allow tte iKin-rental guest apartment will not be detrimental to the health, safety or general welfare of tlK public, would not adversely affect light, air nor ps>sc a fire hazard or other danger to neighboring properties, nor w ill its use depreciate surrounding property values and that the propo^ level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommeiKlations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to permit the installation of a non-rental caretaker apartment within the residence located at 315 Tonkawa Road per Municipal Zoning Code Section 10.23, Subdivision 4 (A), subject to the following conditions: 1. 2. 3. The caretaker apartment may never be used for rental purposes but shall continue to be used by applicants, their guests or domestic employees. Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (May 9, 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 authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 Tte undersigned applicants have read, understood and hereby agree to the terms of this resolution and 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 Orono City Council on this 9lh day of May, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Ownerfs) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 9th day of May, 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 3 of 4 STATE OF MINNESOTA ) )65. COUNTY OF HENNEPIN ) On this day of Public within and for said County, personally appeared , 199___, before me a Notary 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. Notar>' Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 CITY O ft CIT'! ww*- -----CATIDN -v.rT,-c^ W4 > 01 OEM 175.00 V I W ijt: M A f ^ • W PROPERTY LOCATION Site Address 315 Tonkawa Road Qrono. HN 55356 L"t€Q( ^ RtCEiPT-rnm you t299t30 cool ROl 709:5- 03/25/9- Type of Application to be Filed Conditional Use Permit - Guest House/Guest Apartments Property Idcntificsition Number (P.I.D.) oAi i7?tiAQA;>i_________________________ APPLICANT I’hoiK (home) 475-0986 Name James H. Jen<;gn. [ni- Phone (work)__475-0518_ Address 601 Lakeshore Pkwy #1225 City Minnetonka_____Zip 5S3Qs OWNER (if different than applicant) Name Frank & Martha Bennett Address 315 Tonkawa Road _____ Phone (home) 473-5673 ______ Phone (work) 334-5600 City Qrono ____________Zip_£S25£ Date Property Acqu i red 12/aa (momh/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS * _____$ 50.00 For each variaiKC request with CUP application _____$125.00 Residential Accessory Use _____$200.00 Institutional (church, school, etc.) X $175.(X) Guest House/Gucst Apartments _____$150.00 Duplex Credit/Bldg _____$250.00 Commcrcial/Industrial Use " $200.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 101 cu. yd. or more Grading, seawall, retaming walls within 75’ of lakeshore PRD/PID - see Fee Schedule $100.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ______$200.00 Commercial Site Plan Review (+ consultant fees) _____$250.00 Vacation _____$175.00 Easement Vacation _____$ 75.00 Easement Vacation With Subdivision _____$300.00 Rezoning (PUD - refer to fee schedule) _____$300.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District_____ Present Use of Property X Residential Other (specify). required SI •It'I 1. 2. 3. 4. 5. 6. 7. I. • • • I • 1 w ' ^ fflTALS I AoDlki • •Focni- P.^ ow»« u«jf^ ' cwwy D«f«t»oi of Fiai«e. A-603, Govtnamt Ctestr. 34»-337i). ' Gmi^ of Survey (tiffed by • I»i»od surveyor) - refer to handout for furrey ’ profwty. Tto would include auoeW of applicamd) if not current owners). w.— you wish notified of this application. :s ■sjsssssT'r?'.? SURMTITED. (Staff wiU require to scale drawinft of all documenti. p sttaittod.) Tb. Applic«« Property 0«K. m«« .ip >!>;• VfU«^ Pl^ren«nb.r to your b nor MTiipto if rhe dwvc iafotiMiioe tai nor been iDclttto. CeiiOeeiioo by Oerto Deptoto to Ito U.e Appli^ i» ««Pl««- Ioiilil$ofaerie»lSafr;___--------------------—---------------------------------- supplied is true and correct best of his/her knowledge. Applicant’s signature Date ^ w OWNER^S SIGNAXURK «fv( fiifthgr Euthorii®d iMSoniblcTl*o«er henby acknowledge. DareOwner's signature — ■ _ M-d.,.« to «*. ■hi.e Money .fCntnmisMOB are bdd w »h* diird of ^ „ .ttan! * »c!iedulcd »a»iBf. M ... •_ —a —»— M. a Wa OTtreatteiw #1917 :1 JEKSEN hoid ^, ihc CAHiSQflCINT€PI • 001 LAKESHO0E PA0KWAY. SUITE 122S • Ml NNI TONKA. liN 55305 • €12MTS0S4i • EAM il2'475>H5d City of Orono Request Description 315 Tonkawa Road Orono, MN 55356 We vvoutd like to request a conditicnat use permit to be granted in order to provide living quarters for a full-time nanny to be employed by the Bennett ’s. In order to accomplish this, we would propose that the existing quest bedroom in the lower level be converted into an office/library and would not function as a bedroom. This would give us the same number of bedrooms as originally approved by the City. i k • • • • . .. r i 3 I •i ; I }i address CODE ___ CITY OF ORONO Oii. SEFTK SYSTEM INVENTORY CARD Addrm — Mound 8v»t*m typ# □ ot O Standard tranch **«»'ici«ial Satnar ^oparty 1,0. ^Mcription • U Othy _______________________ '»«. N.. 0.H 01 »™i, - Cap wo. 0^' S6PTIC TANKS: Malarial ^opar outiat and Ini., Baffla, QfC Haight of tank bottom abova watar tabla DRAINFIELD: Total langth of iipm , lO'-ZfytuJThaTotel tTMtmsnt-----" - . . / Garbage / Diipotal Capacity 1) lOOO 51 ^ I^SO *^fi4f*pi,4hrrr\ UquW dtpth to RO Itval Oiitaoca to naarttt building llO* Numbar of llnaa --------------Tranch >ddth iO ‘ Ri^ Typa of flltar niattriaf ®* Otainflald abova ««atar tabla ^ ^ Soil typa Lrnm/r^y I OI».anca from iMaran bldg. jQ^' tji, I'/yWr. Dapthof fillovardralnfiald l‘2” r,__0'»^—1 jw ^-----------Uapth of rock ovar tlla Lortij^ P«rc rata Ai/e. /^. / I min/In W/f?. /ft..,-/ .undar tlla ?*>%a V ' % • % . V. i h fi~n 135'6 \)7.% fr\)37'5 116 '10 7} m /317 ISI'H (i I^rt. \ % % N \ • V \ \\ X \ I \ ^ \ » ‘ II . I I I 1 I u i I ) •Vv • r 1%« \ • •. * *• ' ■• l.^f'. •-kT.\«MLAn,'k* 1‘t-'-------n I TO: DATE: Plannir^ Commission Members Ron Moorse, Cit>' Administrator FROM: Jeanne A. Mabusth, Building * Zoning Adm April 13. 1994 SUBJECT: #1917 Frank and Martha Bennett, 315 Tonkawa Road - Corelitional Use Pcnnil Public Hearing Pertinent Ordinance Section 10.23, Subd. 4(A) [Section 10.20, Subd. 3G(2)] Applicant seeks conditional use permit for caretaker apartment within residence stnicture. List of Exhibits A - Application B • Applicants Addemlum C - Prt^rty Owners List D - Plat Map E * Survey F - Garage Addition - Floor Plan Gl-2 - Septic Inventory Map and Card H - Elevations I - Partial First Floor Plan J - Floor Plan of Apartment K - Original First Floor Plan Application #1613 L - Original Second Floor Plan Application #1613 M - Resolution #2926 File #1613 Description of Request Applicant has filed a conditional use permit to allow the installation of a caretaker apartment above the recent garage addition installed in 1993. Review Exhibits I and J, and the west elevation of strucnire on Exhibit H, apartment will have a separate entry access to the side of the three stall garage. Note there is no way to provide direct access from the second floor to existing residence without major alterations to roof design. Internal access to the resideitte is via the ground floor hallway and closet that eventually leads to the original garage area and eventually to residence. Review Exhibits K, L and M, the City approved a conditional use permit in February of 1991 for the Bennetts for a lower level guest b^room within the principal structure. All stairfards of the code were satisfied with the original application. The applicants would now like to install an apartment for a full time nanny to assist in the care of the six children of the Bennetts. Applicants propose to do away with the gu'^it room and convert it to an office library to offset Zoning File #1917 April 13, 1994 Page 2 the addition of another bedroom (total 6 bedroom). Review Exhibits G 1 and 2, the septic system w'as designed for at a seven bedroom capacity . The total six bedrooms would once again have no impact on the existing septic treatment area designed for a seven bedrcK>m use level. Jim Jensen, applicants ’ contractor, has advised that a kitchenette was never installed within the proposed guest apartment. There is a sink and a microwave oven. The building staff has lulvised that a separate alarm system has been installed withm the upper level of tlw garaee addition and that because of ’ mitations or location of the original gas line installed to serveW principal structure, a new gas senice has been provided to the apartment. Electric is still under one connection and as required by code there will be no assignment of a separate address for the apartment area. There is a gravel parkins area located within the street yard of the propeny. This area is not shown on the survey nor was it approved by either the County or the City and was assumed to be a temporary parking area at the time of the construction of the residence by both the County and the City. Section 10.61, Subd. 5(A) would prohibit parking within a required front yard as follows* . . . open parking spaces on lots must have a location other than a required yard area except that such parking may be located in a rear yard to within 10 ’ of an interior side lot line and to within 10 ’ of a rear lot line. Parking area is located within the 50 ’ froni/street yard area. Issues for Consideration 1 Primary access to residence apartment is not within principal structure. Access to principal structure is via a connected First level hallway that eventually leads to original garage. Review west elevation Exhibit H. roof design of the structure would be destroyed if a physical connecting corridor was installed at second floor. Note bedroom immediately adjacent in the principal structure portion. Second story access is not feasible. Should grade level entry way be relocated more within interior ot existing principal residence? Applicants ’ contractor should be asked to respond. 2 The code specifically states that utilities shall not be separately metered from principal structure. Applicants ’ contractor should advise if separate gas installation wUl be metered independently from principal residence. 3 Code does not limit the number of non-rental apartments within a principal structure. Is it necessary to make any physical changes to the former guest apartment within lower leveP Unless there is another bedroom not accounted for in our current information, can the guest area remain as originally proposed? A guest aparttnem has less intense use than a full time caretaker apartment and certainly less of an impact on drainfield. Any condition of approval must include the condition that gravel parking area within front/street Zoning File #1917 April 13, 1994 Page 3 yard must be removed. EsUblish a reasonable period of lime. Please review Exhibit M, the resolution that granted original approval of the first conditional use permit. The same findings can be set forth in granting approval of the current conditional use permit. I a ^imi MTi n/tim,^jFMTCN'm* <JB imP ttCLi^ *< A — ■ .i" fV.n» w. '*fCR NMC. .j.y7*»AVC* ,• r-‘» ■ *;• ^ ‘ >•:4'««M 0t-117>U tt 00C7 osM« MYsm noraCNACL 0 riLUUNOT HICMAfL riLMUMT SHO MVSXOf n HA»LI 7UIN m B5SS9 Vv; • ^ lv*». w - « , ^ 0S-117-7S fj tMl pw um (MCR NAHi .TAX7AYCR - ; r Wm/AOM Aom C onner name ■TAXPAYER !NAHE/A00R > ■ ” >tOF ADOt * CM€R NAHE < TAkPAYEA / K NAHC/AINNI: ►fii 00S09 NESTURf ST 6 S PEtt i i J PEEL SEEM S i SETTE J PEEL SOf N LAKE ST LONQ LAKE m S53SA M 0S-117-ES El OOEA 00141 HESTLAKE ST I E I H K BEEGSAGEL CftAELES A SALGAAEO 141 HESTLAKE ST LONG LAKE HN 55154 16 05-117-El El 0011 ?:,.i 00016 ■y- .*■••i:■n- I ■ i *. X 4 I ♦ - p ■ ? % i' ESS UNASSlQNiD HXCHACL e FILBRANDT MICHAEL FILBRANDT S9M BAVSIDC RO HAPU PLAIN »RI ‘ SSI59 ^ >• - 04-117-El 14 0014 t.r1: - ^ I 'OAOBO BAY5I0E RO AtC^ 'N J B H H NARRIN6TCN R NARK A NONICA HARRINBTON ODR V -40B0 BAYSXOE RO *■ 1?^ i:^i HAPLE PLAIN ftl . 55559 i* ■C* r-*:> ■ • /.* ‘ "■j'sfer ., ?:.■■<>:■■ SB . 0A-117-E5 14 0021 . OOSIB ’ TONKAMA RO IAME;t^,^ F B BEtBCTT. A H M BErtCTT r B BENNETT A M H BEMCTT UNtRC*/.515 -TONCANA RO .ii.' 4. A-' ■".'i # ^.4. p*^ . _________________________ * ti^>'-0R0lo'M4^)^55554 ■ ';^r- ;iT «pn ctutrr pRCPCRn iMroRNAncN ststinRTY OMWRS LIST 4.'- •') t IB BS-117-n n 0004 05945 BAYSlOf RO FHO BLANCH JR FRCO BLANCH JR 5945 BAYSIBt RB LONB LAKE m 55154 5S 05-117-25 25 0022 00525 HESTLAKE ST I E A N K BEROSACCL OIARLES A BALOAARO 541 HESTLAKE ST LONB LAKE >tl 5555* 5B 05-117-25 25 0025 00549 WSTLAKE ST EDNA T ANDERSON ET AL N/L I IONA T ANDERSON 549 HESTLAKE ST LONB LAKE m 55554 5B 05-117-25 52 0001 00420 TONCAMA RO AltaCR R H PRATBERNON EDHXN C BABE III BARBARA C 6A« PO BOM 59159 NPLS m 55459-B250 50 04-117-25 14 0019 041*5 BAYSXOE RO J A H ALT ' JANES A A NARIE A ALT 4145 BAYSIDE RO ORONO m • 55559 58 04-117-25 14 0022 04045 BAYSIDE RO HAL BOON HfNRlCUS C A CORfSLIA A BOON 4045 BAYSXOE RO ORONO W4 55559 '. • I » • , .4^ . V' • •, . ♦■ ' • * H,MPdKT NO. PAa16 0S-117-ES El 06E6 00016 AOOtfSS UNASSIGNEO GOfOQ s a OfTTI J PERL OKGG S A 6CTTI J PERL 164 N LAKE ST LQHQ LAKE MN S5I5A I \ *V A'• A ' • \ *1 .. 'dJ* ■■*'fS’A'' * 4' 7 •If• * •• V' I ■*.' V- -v »•»« 58 05-117-25 25 0025 00B5B ADDRESS UNASSIONE0 I E A H K BEKSA6EL CHARLES A BAL6AAR0 541 HESTLAKE ST » LONB LAKE (94 55554 m ■. 5B 05-117-25 25 002* 00058 ADDRESS UNASSIGWO E C CAGE III a B C CAGE EOMIN III I BARBARA GAOt 440 rOMCANA RO LONG LAKE (94 55354 58 04-117-23 II COO* 04010 BAYSIDE RO CURTIS A ELIZABETH LEVANB CURTIS A ELIZABETH LEVANG 4010 BAYSIDE RO HAPLE PLAIN Ml 55359 36 04-117-25 14 0020 00405 TOMCAHA RO K A C DEDOLPH III KARL A CHRISTINE DEDOLPH C/0 KNUr-KOUPEE PO BOX 8430 MPLS (tl 5540B 38 04-117-25 14 0023 04105 BAYSIDE RO D L COHEN A J L LA(S DEBRA L COHEN 1942 HUMBOLDT AVE S MPLS HN 55403 r' iI I i- ‘i-.J •'V?; * '.ii •• '-‘,1^1. •. .' AM M^m -#M> •- ^IPIN COUMTY WWWITT XHTOMUTION SfSmi MOKRTY OMtRS LIST MRORT NO RACt*T ••■-i.r ' ■' jj;r ^;:‘■'miSAoi O ;,. f f .H ■- *'■''?/• .^, w'-l*'*:'J"'-' ■*•**■.*' •■.ii.’T*' il'- •'* ■Nill^m*>CIMIILfS N t NKLIN R NAVSS^ RRATfR^i^i'.CNAmjS M t NCLEN F HAYSSCRf.-' , iSii • T ^ 'Vi 41Sf OAVSZOC W mm mxN m SS3S9•> nj'>?■■■; -- **1' «< «l •*r >•■• -K ’V~ 1# •T*-» •U .«% *• ♦ ^ ; t' * j 4 . iVt-«wiMjF5^ • i^ ‘ « n , ■ . • » TOTAL OATCN 004 «*00lf4 •0 ‘f. V;.•ff; V •' 4->4 y#v V-• . ^j •* 3T‘* I I' ' *% ‘ #4. r\«r . • *. V- 't • ,y )•.? . .f V I •* f _ .♦ a* nV, I CERTinr THAT THE TACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF T»« HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF NY KNOmiOa AND BELIEF ‘ OATF^ !•■■•p i • -'V ' A * *•*^F%I •- ^ > «• »v.-\ . *'*• iX: y '‘}i.' >%*•-. V. ;rifV ■• ' •• t i i N / « 1L. -L. y ^ i I . /-• i V* • j9 IfaJI Sil I I I 6^n n Sac *■ 003< ( I o=l(3 —'Si Qac a;r«? Q !I i i iila , <■ .'.r .i!fr "■* A I "/j City of ORONO M RESOLUTJON OF THE CITY COUNCIL NO. 2926_________ A R^OLDTIOH GRAFTING A CXJMDITIOIIAL OSB PERAIT PBR NDIIICIPAL ZCBIIIK3 CODB SECTIOH 10.23, SUBDIVISION 4 (A) riLB #1613 •City") and legally described as Tract C, RLS #540, Hennepin County, Minnesota (hereinafter "property")? and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit f "O”'J apartment per Municipal Zoning Code Section 10.23, Subdivision 4 (A). NOW, THEREFORE, BE IT RESOLVED by the City Council of orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1613. buildable lands. The property consists of 3+ acres in area. 3. on January 22, 1991, the Orono fanning Commission reviewed the application as proposed and recommended approval based on the following findings: A) The rural property contains adequate area to meet the septic needs at a 7 bedroom level use for current and future needs. B) The property contains 3+ acres of land where only 2 acres is required. C) The applicant has presented a valid need for the non-rental guest apartment. D) The interior design and layout of the guest apartment within the principal struc satisfies all pertinent standards of the zoning code. Page 1 of 4 t"t CITY I I OF ■ ORONO City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2926 4. The City Council finds that granting a conditional use permit to allow a non-rental guest apartment will not be be detrimental to the health# safety or general welfare of the public# would not adversely affect light# air nor pose a fire hazard or other danger to neighboring properties# nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code ana Ccanprehensive Plan of the City, 5. The City Council has considered this application including the findings and recommendations of the Planning Commission# reports by staff and comments of the applicant and the affect of the proposed use on the health# safety# and welfare of the community. CONCLUSIONS# ORDER AND CONDITIONS Based upon one or more of the above findings# the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10,23, Subdivision 4 (A) to permit the installation of a non-rental guest apartment within the residence located at 315 Tonkawa Road# subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the applicant# but are pe ^n ssive only and must be exercised by application for a ouilding permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (February 11# 1992), 2. 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. 3. The undersigned persons have read# understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs# successors and assigns# hereby agree to the recording of this resolution in the chain of title of the property. Page 2 of 4 A 1I ORONcJ City of ORONO RESOLUTION OF THE CITY COUNCIL NO, 2926 Adopted by the Orono City Council on this 11th dsy of February, 1991. ATlteST; allin. City Clerk Barbara Peterson, Mayor ^ ^ £w>_ ( / 0 t , f ti Property Owner.s) ^ tfiv-i /fVL M 1 > y, ' I l 1 STATE OP MINNESOTA ) ) ss. COUNTY OP HENNE^* ‘ ) The foregoing instrxament was acknowledged before me on this 11th day of February, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor t City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA ) } SS COUNTY OP HENNEPIN ) On this /d>'^_ _ _ _ _ day of _ _ _ _ _ _ _, 199/ before me a Notary Public vithin and for said county, personaiTy appeared XJ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to be the person(s) described in and who executed the foregoii g instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. THERESA L NAAB NaTAMV pueue • mumesota HENNEPIN COUNTY•e NOTARY PUBLIC Page 3 of 4 i i" II CIT> I lnqc"«j City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2926_ _ _ _ _ NNESOTA ) ) ss. COUNTY OF HENNEPIN ) Vi/>On thi* day of __ ““•.■7 • a-s 'R'SrSttt’ rt-sM(S>“ra!i<!C;i” known to me to'be the p«rson<s) descriDed in and who executed tn« fore90in9 instrurient, and acirnowladged that he (they) executed the same as his (their) free act and deed. SUSAN M. LEHRER NOTAMV mjMJC • f«mNC$OTA ANOKA COUNTY Ify CB inwimori «q>lrM IM-tl NOTAPY PUBLIC MY COMMISSION EXPIRES STATE OP MINNESOTA ) )8S. COUNTY OP HENNEPIN ) On this day of 199 before me a \jn UX1J.O_______________uej _____________________________ ^-------—Notary Pub1ic within and for said County, personally appeared_____________ known to ine Fo be the per son (s) descr ibed In and who iTecTi ted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 REQl^EST FOR COUNCIL ACTION CGUriClL y£c i lull NAY 9 1994 OIYOFO DATE: May 5, 1994 ITEM NO • • DepaotiiKiit Approral: N sm Jcmk a Mabwdk Tkl« Buildmg A Zoning Adnunistmar Admintstralor Reviewed:Agenda Section: Zoning Item Descriiiiirri #1920 Phillip Otto, 4116 High«tx>d Road - Variances - Resolution Brief Reriew of Application The original house on the property was destroyed by fire in 1989. The current owner wistes to install a new residence within the approximate fo<«print of the former residence structure. As proposed the new construction would require side and street setback variances. The house would align with an existing yellow detached garage structure to the west side of the lot. Review Exhibit F. Tte design of the house will require major cuts imo the higher elevations along tte southern pan of the lot. Retaining walls are shown along the west side of the residence. Applicant has advised that the proposed street setback will allow him a view of the lake. There was additional discussion concerning suitability of the location of the proposed residence and questioned whether this was an appropriate design given tte sloping elevations to the north. The Planning Commission also noted the setbacks of the otter residences along the north side of Highwood Road and that the proposed setback would be consistent w ith the existing pattern of development. The Planning Commission recommended unanimous approval of the variances as propo^. The enclosed approval resolution has been drafted per the findings and conditions of their approval. COUNCIL ACTION REQUESTED: To adopt the approval resolution as proposed by the Planning Commission, OR To amend the resolution requiring that side and street setbacks conform to the standards of the LR-IB zoning district. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SLUDIVISION 5 (B) FILE NO. 1920 WHEREAS, Phillip M. Otto (hereinafter "the applicant") is the owner ol the property located at 4116 Higbwood Road within the City of Orono (hereinafter "the City") and legally described as follows: refer to Exhibit A. attached (hereinafter "the propeny"); and WHEREAS, the applicant has applied to the City for v^ritnees to Municipal Zoning Code Section 10.25, Subdivision 5 (B) to permit the construction of a new residence that will be placed 14 ’ from the street lot line where a 35 ’ setback is required and 3’ from the west side lot line where a 10’ setb^k is required on a property that measures 80’ in width where 140 width is required and where the area of the lot is 16,888 s.f. where 43,560 s.f. is required. NOW\ THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1, This application was reviewed as Zoning File #1920. 2.The property is located in the LR-IB Lakeshore Residential Zoning District requiring one acre or 43,560 s.f. in area. The property consists of 16,888 s.f. or .39 acres. 3.The Orono Planning Commission reviewed this application on April 18, 1994 and recommended unanimous approval of the proposed variances based upon the following findings: A. The property is served with sewer. Page 1 of 4 J 5. B A rcsidctire Iiad existed on the prof *riy for over 40 years until it was destroyed in a fire in 1989. C.The size and width of the lot is consistent with otter properties within the Highwood Road neighborhood. D.The original residence was located 13’ from the street lot line and 3’ from the west side lot line. The new principal structure will be located 23’ from the street lot line and a deck 14’ from the street lot line and 3’ from the west side lot line. The City CouiKil Finds that the conditions existing on this property are pecuim 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 otter 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 right of the applicant; and would be in keeping with the spirit and intent ot the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comment 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 findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25. S^ivision 5 (B> » 0*™“ the construction of a new residence requiring a lot area vanaiKe of ” width variance of 60 ’ or 43*. a street setback vanance of 21 or 60% and a side selba variance of 7 ’ or 70%. subject to the foUowing conditions; Page 2 of 4 1 1. Lots 39 and 43. Highwood Lake Minnetonka shall be legally combined prior to the City issuing a building permit for the new construction. 2. Applicant to provide detailed grading and drainage plans with application for bu’’'*ing permit to ensure drainage follows existing pattern and to address the stabilization of all dismrbed higher elevations within street yard. 3. All improvements of this pre^rty shall be limited to 30% hardcover. 4. Authorities granted by this resolution run with the property not with the applicant, but arc permissive only and must be exercised by application for a building permit within oitt year of the date of Council approval, or this variance will expire on that date (May 9, 1995). 5. Violation of or non-compliance with any of the terms ai 1 conditions of this resolution shall constimte a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of May, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner (s) Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of May, 1994 by Edward J. Callahan, Jr. aixl Dorothy M. Hallin. Mayor and City Clerk of the City of Orono. a Minnesota municipal corporation and sakl uistrument was executed on behalf of the City. Nt^ary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of_______________ , 199 _before me a Notary Public within and for said county, personally appeared ------------------------------------------------------------ known to me to be the person(s) described in and who executed the foregoing instrumcnt,aiKl acknowledged that he (they) executed the same as his (their) free act ami deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ___day of___, 199 before me a Notary Public within and for said county, personally appeared ----------------------------------------------^--------------- known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 //• TO:Planning Commission Members Ron Moorsc, City Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: April 15, 1994 SUBJECT: #1920 Phillip Otto, 4116 Highwood Road - Variances - Public Hearing Pertinent Ordinances Section 10.25, Subd. 5(B) A. Lot area Required =* 43,560 s.f. Existing * 16,888 s.f. Variance = 26,672 s.f. or 61% B.Lot width Required Existing Variance = 140’ -- 80’ » 60’ or 43% C.Street setback for principal structure Required = 35’ Principal struemre = 23’ (original house was 13’, review Exhibit B) Deck = 14’ Variance = 21’ or 60% D.Side setback Required Proposed Variance 10’ 3 ’ 7’ or 70% List of Exhibits A - Application B - Propeny Owners List C - Plat Map D - Hardcover Inventory 75-250’ setback area E • Hardcover Inventory 250-500’ setback area F - Elevations G - Survey of Original Improvements H - Current Survey j Zoning File #1920 April 15, 1994 Page 2 DcKriptHHi of Request The subject property is located directly across tb street from tlK Applebaum rcsi<knce (Application #1915). The original house was desttcyed by fire in 1989. The applicant wishes to construct a new residence within »he approximate footprint of the former residence, review Exhibi*.-! G and H. Side and street setback variances would have to be granted for the new constriction. Review Exhibit A, applicant notes lot is narrow with sloping topographies to the nonli or rear. Upon your inspection note the yellow garage structure to the west. Otto wishes to align the house with the yellov' garage. Major portions ot the front yard arc located within the right-of-way of Highwood Road. If stand across the street, the retaming wall that defined a partial drive ard serves as a backout area for the Applebaum residence, is Kxated at applicant ’s southwest comer. Members may walk down the old drive that served the fomier residence on die east side of the lot. Walk back to where the topography starts to slope towards the County Road. It is possible that the house in its proposed location would be able to achieve views of the lake. The two triangular additions to property were acquired by former property owner so that existing drive and former house were included Vviihin the boundaries of the property as both encroached into adjacent property. Issues for Consideration Planning Commission Members are asked to consider area and width variances for new construction. Will you also grant setback variances? Can 30’ wide house be located on the lot without the need for setback variances? Has applicant selected the design of house that fits the topography of the property? What is the hardship? 3. Other issues raised by Planning Commission. A ny recommendation of approval must include the requirement that Lots 39 and 43 be legally combined. Review Exhibit B, note that each lot has a sepa’-ate PID. CITY OF GRONO - VARIANC TION Initial Application Fee $200. ($50.00 per each additional*ylHance)^ Renewal Variance Fee $1(X).(X) (no change from original application) Variance for non-conforming structures $200.00 After-the-Fact Fees (Double application fee) ^ . V. ^ I ^ ^ l^Jriance)^^ rrrv nr nc-n*jnt/.a I t w*« i rkiAkirc ticcrrcI aiTniTWW W*l I a vwvv /•»f rr;u r-A a»’^ VJI (CWVaWrurri* ti "a WilWkrn 14* IkWV^aVV r:'L*rrrDT«riMy4- vn/iI «firm A f if vC-0OA rM < T f < • ' PROPERTY INFORMATION ^ . Site Address 4^//^ g 4<A><g oq _______________________ Property Identification Number (P.I.D.) //?* ^3 vy' 0033i OA^oAjd A/^^ Attach legal description to applicatio^f not included on requijedju^ej^. Date Property Acquired__________ZTu-lu | _____Hjisj-iu____(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: ___residential X other (specify) I/olCI aaa -^ pM'txeJ * Zoning District:^__________________________________________________________ APPLICANT Name Address: Pklli'p M'Otio Phone (home) Phone(worlc) iqr>gZ5 ~e.b. City: m*JZin: GS2,H^ ^~LCf\ OWNER (if different than applicant) Phone(home)_________________ Name ____ Phone (work) ________________ Address:City:Zip: DESCRIPTION OF REQUEST Estimaicu Construction Cost $ De.scribe request in detail: m/*>s ^ eir.aAVtf <g*i *fU(» i4 V LJt^ 4^ a/ijH ^ t^iLi kotcS<. i 5 wo (attach addition^ sheets if necessary) tfoMp^.cLs> oA ^*^**<. VARIANCES REQUIRED Lot Area Lot Width Setback:)C Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing , compliance with Zoning Code requirements f7^.f lof ^ t*J^ uJo^J /•3^- /< a louj tAj»U^/f // ^g. 0*t-'***^ )(^5Z (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted bv the appUcatipn <leadHn€;,<iate prdgi; for vour application to be considered complete; 1. 2. 3. 4. 5. 6. 7. 9. Completed Application Form Certified Property Owners List of owners within 150’ (you must obtain this list from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Plat Map (obtained with property owners list). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 81'4 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 Hoor & elevation views (provide one (1) copy 8'/i" x IT). 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. The Applicant and Property Owner must sign this application. Please remember ih^ ysmt v^rianre aDoliratimi is not complete if the above information ha.s not beeq m<;lud^ .APPLICANT'S SIGNATURE j k The applicant hereby agrees to provide all information required or requested by the Zonmg 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 trueaiuLcorrect to the best of his/her knowledge. DateApplicant’s Signature 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 CouncU members for purposes of investigation and verification of this request. Owner’s Signamre ______Date Applicant must have aU submittals into the City offices 25 days before the Planning Co^sion Meeting. Planning Commission Meetings arc held on the third Monday of each inonth. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please m^e arra^^en^ w have an authorized agent attend in your place and to advise the Buildmg & Zonmg Office of this change prior to the meeting. *^8 — ? inRUN RATI Oi mr %^ • t* M «w 'WlfCPIN COJNTY MO^RTY INTORHATigN SYSTOI V0‘*^^4>,s*'.07-iir-M «4 ooioRROR AOOR ^r , IM79.. HX6HH000 RO OWER NAME, T SANKNW ETALTAXPAYER t SANBORNNAME/AOOR'^^4079 HICtBRWO RO HOUND HN S53AAm.iv».V-■^’Ar. PROP AOOr!-,'rS-*5«>r07-H7-ES A4 OOlS OAlOl ' HI6HNOOO RO <»t€R NAME , EVA THEOBALO TAXPAYER> EVA' A THEOBALO NAME/AWR .4101 NX6HM000 ROAD .' t 't i^MOUa W 55544 ■■ f ■ * . * 4:X" ■> OOlS RO ' L . SB’-. 07-U7>2S'4< PROP AOOR ’ 04149 • ' H16HN00I 0»t«R NAME LARRY, H KARKELA TAXPAYER VV ; URRY H KARKEU NAME/ADOR :^4149 HX6HH000 RO 'i ri ’ '• • *5564 ■ ■-fl. \ • '■ 44 0051 PROP A0DR'U^I52 .?vHX6HH000 RO 09WER NAMtvj-SCOTT 0 4 CATHERINE ANDERSON TAXPAYER SCOTT 0.4 CATHERINE ANDERSON NAME/AOOR^ 4152 HXOHNOOO ROAO 55544i* i ^ H r: MOUND N4 •« 1 44 0054 - -V.«.041D4i. .S HI6HN000 RO , 0»#€R NAMT^^'O .I B'SAUER . • TAXPAYER :^^*CL|N 4 BEVERLY SAUER .NAHE/AO V ¥ ;r.r HXOHNOOO RO H OTrlir-ZS 44 0057 PROP AOOR«; ^0005B in ADDRESS UNASSIO4E0 0»MER.NAHE*4;NARREN KLXPSTEIN TAXPAYER JAMES'4 LXSBETH CLEARY , .NAME/AOORj/^AlOP NO SHORE DR ~ B*. .h4^>.'H0UN^ 55544■ V-^^VNOUNO 553 PROPERTY 0»«ERS LIST5B 07-117-25 44 0011 04091 HXOO«X» RO P L JOHNSON 4 0 L POSS FREDERIC jmNSON 4091 H16HH000 RO MOUND MN 555445« 07-117-23 44 0014 04105 HICHNOOO RO CHARLES E OA MART NILLIAH C BRICKLEY 4105 HIGHMOOO MOUND »M 55544 SB 07-117-25 44 0029 04149 HXOHNOOO RO JAICT L ElOE JANET L ElOE 4149 HX6HN000 RO mound MN 55544 39 07-117-23 44 0052 04116 HICHNOOO RO BRUCE J HOLUWY PHIL OTTO 4140 HIGHHOOO RO mound rt< 55544 ______ -V^'' ■ ‘’A ?' '' •:! .# 4 ' '.1 •* /• *.•v:4 : J-- - 'R-■ • 0^. 4. • > *9- t I % . 4 ••.4 'S' * J '* V' '* 4 "*> 4 • • , • . . i ♦ • i* V 4 - ^9 • . r ^vbr y ' A•«». •• ,)*tv ' ' 'r'1 • ■•'. *■ A?‘>V' • V'-' •• >' 58 07-117-25 44 0055 04104 HICHNOOO RO CLEN*A*B^RLY SAUER 4104 HICHNOOO RO HOUND MN 55564 ' *•! 4 - . . 4 • *4 . ‘ ,.i. r.t' , b6 > . y;* '. * • It A . • . •r-' ,. ,.. .. ■' •,». 5B 07-117-25 44 005B 04109 NORTH SHORE OR •BARREN J KLXPSTEIN JAMES A LISBETH CLEARY 4109 NO SHORE DR MOUND MN 55544 * I « : • A- S ' • f / ^ . • >V* ■• -.f ;r > REPORT NO.* PX455401 A v „ ,• %■c;SB 07-117-25 44 0012 04099 HXGHNOOO RD OILXS L NELSON ETAL AL0N2O B SERAN XXX 4099 HXCHNOOO RO mound m 55544X-5B 07-117-25 44 OOlS 04109 HXCHNOOO RO CEORCE M APPLEBAUH CEORCE APPLEBAUH 4109 HICHNOOO RO mound 104 55544 58 07-117-25 44 0050 «•: O'*.- 04140 HICHNOOO RO . .' J 0 CUSACK ACM CRACE ■''' C CRACE A J CUSACK 4140 HXCHNOOO RO \ MOUNO m 55544 - • .^ •.!" . ‘ . -a-.''', • Is ■-‘.VI;. «i'; If3B 07-117-25 44 0055 0410B HXCHNOOO RO 0 A 0 BAXTER DAVID C A DEBRA J BAXTER 4108 HXCHNOOO ROAO mound »M 55544 '£1 A •^.vSrSmsWm • *■ • \ SB 07-117-25 44 0054 - .'V <Vv 00050 ADDRESS UNAyXBNEO <.11 SRUCE J MOLIMY S-fiaKIS jBRUCE J MOLlIttY 4114 HICHNOOO RO MOUNO m 55544 58 07-117-25 44 0004 04125 HXCHNOOO RO JOHN N A ROBERTA J HENRXCH '• JOHN N A ROBERTA J HENRXCH f 4125 HXCHNOOO RO ORONO MN 55544 .Jl'. V' Zii *1 4«? ‘n * „•; V r .v.> ■ ‘V ‘ *' I * ' ‘i I *■' '* --0 _ MT^IS . - “ T’l* ' . - - t , * - I w 4."■V -i WM MTl OS/li/^ * .U BATCH -OOS <> M . " • ■ •■ .-Ik .^.-»;v • -:.. t : . -- v 'I • A.' . in. t . . <ONNEII NAME t ^ ^TAXPAYER ,rV TOTAL lATCM NM1E/AOOH V. ,, .., .' .‘A ■'• • -V' ■-.’■•':->■ •'' i< <7 -*.•#. 4w •*•• • ■ r . .*« ^-.?-■ j*r,* •* >4'/.'■ /’■' ''CVH»-.Jg. •.,: '-v^'* - ‘ SV ' ^ -' • :V.* 2 ■: •'V*, .X*; •!♦ . t > '.r• •• .K * , , ' i 77-:/y, 1V * • . • ♦• , -V • ■» ^ . r . ».. %. V a * ■ j;- \:--.‘ :';'--V' •' ';;: *•* ' ‘ V V.., " ;■: -•■ ■•', .V.. HCItKFXN COUKTY WOHCRTY PtTOWmTiqMOOS OOOIS $. 4X 1 * mm. k L i- OROPCRTY OMCRS LtST tr%rm'^ i V.,V..;f '?■ •*\ *T \ •.>;•■• •.■ - ^ t*•;. '-.i . V'^v \. *...' 4‘ - ^ • •V‘ ' • » r., ■■■'■• *f r^.;. * X '- ■ <:< :Si .i i*4 ^.-'r#:^>:'r*. -‘- . v< '•\ • ♦‘V •■ ■• '-^4 y.i ' ' -' ; >'^r. . ‘ • t_ iJ • V w ' 4 • • A^v ; ■ • s *»«T •*•' .,0^ » •* " * r> ' ,**•• • ■ A ■ <* A*' ■* <• V t ?• ♦ • k - *• .• - T . '^'. • ' ♦ .•/: ■ X CCimFY THAT THf FACTS REFRESENTEO ARE AN ACCUUTl AND TRUE REPRESENTATION OF INFORHATXON AS IT APPEARS THIS DATE OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAHAHONr OF HY KN0HLE06E AND MLIEF. J/ XtKVL^VjLtLUjL FP‘* % . » . . HARDCOVER CALCULATION WRKSH m • • SETBACK ZONE: (CIRCLE ONE) 0-75' (JS1S0 250-500* 500-1000 Existing Hardcover IN Zone D" A. * House B. Garage c. Driveway 0.. Sidewalk E. Patio/ Deck F.Landscape AREAS UNDERLAIN BY , . PLASTIC SHEETING G. Other LENGTH . d WIDTH X X X J. X _ X^ X X X X X • • • . x: . Total Haaocovcr in Zone Total Property Ar ^. in Zone [lL- •• • >« • • • • • . S.P. S.F, S.F JZ6 t _ S.F, S.F. S.F. 3Z^ - S.F. . sIf. . 1.F| . S.F. . S.F. S.F. » • S.F. S.F. S>. • •• S.F. S.F. / ■J 4-i: • • •• m B • /- S.F. i . • • X 100 - 2*1» ^*7 ^///l ^77(? • • . HARDCOVER CALCOLATIOH KORKSHEET • SETBACK ZONE: (CIRCLE cne) 0-75' 75-250' Existing Hardcover in Zone SO-SOO!^ 500-1000Hi A* ' House Y 37 •a SiF. •LENGTH WIDTH• • X . • a , •* *, S,F. ••• • _ _ X _ •^ • m • S t F. • • G • _ X t • S.F. ••^ X • • S.Ft•• • B. Garage •••• _ _X • m • S.Fg c. Driveway • X •^fo t • • S.F. X . • • sip. • D.. Sidewalk '• •x‘.~• •® •• • • • N«|S^P? •X S.F. •• • • .•X • • m • •S.FfE. Patio/ Deck - 8 L ' • X 3L Zo •/ 2,0 • S.P.• • p.Landscape . ^ • • • X •• • •S.F. AREAS UNDERLAIN BY 1 • • • ^ X . • «• • m • • • , S.P. PLASTIC SHEETING • • • • S.F. i • • • • • • • X • • • • ••• • • • S.F. •• • 6. Other • ‘ • • •1X1.••• •• • • •• • S.P.• / vl • • T otal Harocovcr in Zone • I77S____a.p, [ Aj Total Property Ar^. in Zone - —i f.p. El • mm 777g \s.rP - X 100 - —'f' • • 7 / \i • rt\s^ •• rr-'. ‘v “* T -I • % F R 0 m F L t V ^ T I (I H -«,u V-.V •V. M -f! ' O O , ■• \ V* N. HIIBIlili nHIIIIIHHIIIII!!lliE!!!lilm XU1M4I411Toir i • TrrrTTTTnTTa'rm I nv^noT 1 • *1 u-' I (5- ^o. . ^.4 . . .• • •« <•■••••«• ?l-\\. cf Survfty for A. rVnhl of Lots 39 and 43, Hlj,J\yood Uko lilnnctonka ilcnnepln County, Minnesota C«!rl A n ci.trt c f Curvry : I hnreby oertify that thir 1r a truo mil rorrort iMpr-joentatlrn of a surrey of* tho fxjundnries of Lota 39 and 43, HirAiwood Lake MinnotonAco, and tlie loca­ tion of ail cxistini; >'uil«UnRS thereon. It duos not purpox't to show otAier i»- orovcmontR or onoroachxnenty • _/ ’V Cordon R. Coffin Reg. Land Lurvoyor and Plonnor Long Lake, Minnesota . 6064 - # • Sonic: 1" - 50' Date : lO-p.4-75 a ; Iron marV.or found o : Iron marker set .*: r,. sk t . * t I I'i' - S€H*3S'£ SOJS, cif t ‘ . 4, , ■ 4^ ‘» ! NV ^ o' '•,?c\"^ ..V X,XN'* g,e^^ \.o ' H^e VV' o' ^ ^ a"^ x\. •\x\®'' * ef V vo' ^o" o' cO N'-V ® V.o'* ■"'W' 4®xC'V' V \"1. V A '‘-V A^ ' > i % REQUEST FOR COUNCIL ACTION % ITEM NO.: f n DATE: 5/3/' Department Approval: Name Jeanne A. Mabusih Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1922 Robert and Elizabeth Melamed, 1000 Old Crystal Bay Road South Preliminary Subdivision - Resolution Brief Review of Application It was always the intention of applicants to subdivide the pioperty into two residential lots. During the review of the conditional use permit for the guest house, the current division was reviewed confirming that all lot standards were met. The current survey also reconfirms that all setbacks conform to required setback and hardcover standards. The Planning Commission recommended unanimous approval of the two lot residential subdivision. The enclosed resolution has been drafted per the findings and conditions of the Planning Commission approval. A RESOLLTION GRANTING PRELIMINARY APPROVAL OF A CLASS II SUBDIVISION FOR A PROPERTY LOCATED AT 1000 OLD CRYSTAL BAY ROAD SOUTH - FILE NO. 1922 WHEREAS, Robert L. Melamed aixl Elizabeth Melamed (hereinafter "the subdividers") on March 25, 1994, filed a formal subdivision application with the City for approval of a two lot residential plat of property legally described as: Lot 1, Block 1, French Lake of Orono. Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono ’s Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on April 18, 1994, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on May 9, 1994, the Orono City Council considered the subdivision application of the subdividers, noting the following findings of fact: 1. 2. 3. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of two acres of land within each newly created lot. The property is served by sewer. Per Section 10.55, Subdivision 15 (A-2) Lx)t 1 shall gain credit for .56 acres of wetland/d; linageway with total lot area at 2.08. Lot 2 shall gain credit for .38 acres of wetlands. The total lot area at 2.27 acres. Tlie newly created Lot 1 shall continue to be served via the non-exclusive easement over the private driveway owned by the City of Orono. Page 1 of 4 4.Preliminary subdivision survey confirms that all existing structures meet the required lot standards of the RR-IB Zoning District and Shoreland Regulations of the City. 5.Current hardcover inventory confirms that each tot area satisfies existing hardcover improvements within the newly defimd boundaries of each of the residential lots. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Roben L. Melamed and Elizabeth Melamed per plat drawings by Mark S. Gronbcrg, a licensed surveyor of Coffin and Gronberg, Inc., dated October 20, 1993, the most recent revised date March 24, 1994, subject to the following conditions: 1.Subdivider shall provide appropriate signage at intersection of private driveway and Old Crystal Bay Road (County Ro',d 84) designating legal addresses of both residents. 2.Dedication of drainage and utility easements 5’ along all interior lot lines aikl 10* along the perimeter boundaries and adjacent to road rights-of-way. Tlie following list of final submittals nust be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1.Record plat drawings in the form of two (2) mylar copies (one for City records and one for filing with Hennepm County) and one (1) copy reduced to 1" = 2(X)’. Drawing to include: Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin and Gronberg, Inc. dated Oc olxr 20, 1993, the most revised date March 24, 1994. B. Dedication of "drainage and utility easements" as noted in Condition 2 above. Page 2 of 4 i C. Naming of plat. 2. Legal documents required: Title opinion addressed to the Cit> . All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B The applicants must provide certified copies of all recorded easements currently affecting the property. 3. Fees to be paid: Total due: $75.00* A. Final plat fee last two subdivisions * No charge for final plat application of Class 11 subdivisions B. Legal review and filing fee of subdivision * $75.00 •Park dedication fee shall be determined as soon as City Assessor has placed a fair market value on the area of Lot 1 at the time of preliminary plat approval. Subdividers shall be advised as soon as assessor ’s report has been filed with the City. Park dedication fees shall be based on 8% of the fair market value of said land in its undeveloped state. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 9th day of May, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Page 3 of 4 1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of May, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ’ ♦ Notary Public Page 4 of 4 J To: From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmcmbers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator April 13, 1994 #1922 Robert and Elizabeth Melamed, 1 Preliminaty Subdivision - Public Hearing Old Cry stal Bay Road South - Pertinent Ordinances 1. 2. 3. Chapter 11 - Class II Subdivision Section 10.28 - RR-IB Zoning Standards Section 10.55, Subdivision 15 (A) (2) - Property served by sewer may receive credit for wetlands and drainageway area. Review of lot areas: Lot 1 = 2.08 acres (exclusive of lake bed) Lot 2 = 2.27 acres (exclusive of lake bed) Lot 1 = 1.52 acres dry (.15 drainageway, .41 wetlands) Lot 2 = 1.89 acres dry (.38 acres wetlands) List of Exhibits A - Application B - Property Owners ’ List C - Plat Map D - Survey Submitted with Conditional Use Permit for Guest House E - Wetland/Drainage Areas to be Credited Against Dry Buildable F - Hardcover Facts - Lot I G " Hardcover Facts - Lot 2 H - Preliminary Plan Review of Application During the review of the City of Orono subdivision application for the former sewer pond property, the applicant had hoped to create a two-lot residential subdivision but because the original hearing notice announced one residential lot, the City would have been required to republish the legal notice. Given the time constraints and the applicant’s need to proceed with new residential construction, the applicant purchased the single lot and eventually filed a Zoning Fik #1922 April 13. 1994 Page 2 conditional use permit a|^lication to allow construction of his nnother s residence on the portion of the property defined now as Lot 1. During the review of the conditional use permit for a guest house, all lot standards were considered. The current division was revicw'ed at the time of the conditional use permit application confirming that all lot standards were met (review Exhibit D). The survey also reconfirms that all setbacks conform to required standards. Hardcover facts remain the same as approved in tte coKlilional use permit, review Exhibits F ami G. Access to the property shall continue to be provided via the non-exclusive easenwrtt granted to Melamed at the time of the City of Orono application. The private driveway owned by the City will continue to serve both Lots 1 and 2. Applicant should be asked to explain signage at entrance of private road Staff Recommendation To approve the two-lot subdivision of Robert and Elizabeth Melamed as proposed finding all standards of the RR-IB zoning district and Shoreland Regulations of the City have been met, subject to the following conditions; 1.Applicant to grant 5 ’ drainage and utility easements along shared lot line of Lots 1 and 2. 2.Payment of park ded Nation fee at 8% of the fair market value of the undeveloped land. The value of the undeveloped land shall be determined by City Assessor upon Council’s approval of preliminary plat. 1^ J M :■ ’ ' •A-CITT OP ORONO - SUBOIVISIOH APPLlC^gW *,■ -^ ^ Property Identification Number (P»I*D.) 1 1~7 ^ ^ ^ OOQ(^ Please check one - Property ^ _ abstract or - - torrens? Attach legal description to application^_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ OWNER (if different than applicant) Phone (home)- - - - - - - - - - - Name ----------—------------ Addresss ~ City:^-----------— ~~ (^titAch Xxs^ i.£ ntoro thah oha ) ^^^{^^21*^ EXISTING LAND USE f Number of Tax Parcels i----------- sl*e N, ^ Acres Dry Land " mDeveiopmenr i>iz -----1 ----------- ^299710 COOl ROl T12: Acres Total, all parcels 03/25/ Present Use (check) _ Residential? no. of units —^—_ _ _ _ _ _ __ Other (specify)__ _ _ _ _ - Present Zoning District PROPOSAL_ _ _ _ _ _ _Division for Tax Purposes _ _ _ _ _ __ jjOt Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: / Existing Units 7 New Units Total Units proposed Gross Density: . 4< )' _ ?nits per ^ Acres |A.&* Mininnin tot Size: __ _ _ _ _; Sq Feet Dry Buildable tend ) /^proposed Ose. (check) - - - • • MINIMOM MATERIAL MECKSARY FOR O 1. 2. ►lbte prelimhiary applicatioh 4. on Bust.obtain 348-3271). ^/*»/c»4.CflXU^ At enlist of As an addendxja to this applliration, locationW-*-^ any other person, you wish notified of this application, v aw Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature _ _ _ _ _ _ _ _ ___ _ __ _— IT pi^ient'orfeerlplrk’fees, filing fee, ’ ’ £2 Signed Certificate of Survey or mylar copies of formal plat. [5} Title opinion. **• ^ Easements, Covenants, etc. ^ - jii. 5, Developers Agreement and Letter of Credit. Certification by Zoning DeparMient that Final Plat Application 1. complete. Zoning Official's Signature- - - - - --- - - - - - - - - -_ _ _ _ _ __ _ _ _ _ _ _ _ _ Date PEES 4 Sketch Plan Review (Class I, II s III) Subdivision of a Lot Line Rearrangement Preliminary Review (Class I 4 II Subdivision) $200.00 300.00 ^00.0^ Preliminary Review (Class III 4 all non-residential) ^gfoi^ot 175.00 150.00 Final Plat Review (Class III) ^ _ _^ ♦(Plus any legal or engineering charges] Renewal of Preliminary Subdivision Application Renewal of Final Subdivision Application _ _ _ _ ^ ^ mm mm mm mm mm ^m^m mm mm mm mm mm . 1 4 ViMST-Abv aarees to provide all inffonnation required or requested by the Zoning Administrator, City Engineer, City Applicant's Signature Date DateOwner's Signature Anolicant must have all submittals into the City offices 25 Si Cession Meeting. Planning Commission Meetings are held on the thSd^Monday of each month. Applicants must be present at review meetings of the Planning Commission and Council. If -n SnJhie to attend a scheduled meeting, please make arrangements to *“ JI5?5oriz^ agent attend in your plac\ and to advise the Building . Zoning Qf£j^c© of this chsng© prior to the niGeting* 0 * • * > • ■T?*••;.. •■UM OATl.OJ/WH >r I •ATCH OM '• «•»>PROP AMR aWCR MAHi TAXPAYER NAME/ApOR •«J 58 ' OP-117-25 12 0005 00058 ADDRESS UNASSIGTCD L 6 CARPENTER ETAL LEONARD C CARPENTER 15S00 MAYZATA DLVO tlOZO NAYZATA W4 553T1 HCNr«PIN COUITY PROPERTY INraeUTICN SYSTEM PROPERTY OMNERS LIST38 0VH7-25 12 OOOA 00038 ADDRESS UNASSIGNEO METRO MA9TE CONTROL CO* HETM HASTE CONTROL CO* 350 METRO SQUARE 8LOO ST PALM. * 55101 ••I I? WW AOM (MCie NAHE TAXPAYER/ NAHE/AOOR ■H- 58 . OP-117-23 lA 0001 01100 OLD CRYSTAL DAY RO S R J OtMOT • F H GRAHAM R08ERT CUMNXT/FRANCES GRAHAM 1100 OLD CRYSTAL DAY RO S NAYZATA * 553PI k •• 8-\‘ .r‘- 1 i - ^ 38 09-117-23 11 0007 7 > 4^.; CITY OF ORONO CITY’of ORONO V^ tr 335 BROWN RD A P V . f ‘ ^ .■3R- ■ri 'CRYSTAL BAY MN 55323 . I * .V M. I,.; / ^^r A *7 J •I;;,''. J A V* k« "V '-VVr^-• • i' ., f yj" m Ay; 7 A V. TOTAL DATCH 005 00004 i M » •P' ♦ v ‘ •• • t V- .’•/'•I . v/"* %• 8 A • • , • i r»'«' V*’ ,^*X'' .; ■ •'REPORT NO. PZ43SA01 - ri iviji» :.v'4f% *5 A.vrt./ j ' -v ■'58 OP-117-25 II 0005 01020 OLD CRYSTAL 8AYRENOALL ELLIS * •‘IRENOALL ELLIS , r ^.a<, ^1020 OLO CRYSTAL DAY RD S . i ‘ 'j, *■NAYZATA* S5in v i** x%> / 38 09-117-23 11 0006 '• ^ • 1000 OLD CRYSTAL BAY ROBERT L MELAMED TRUST ROBERT L MELAMED 1212 WAYZATA BLVD NAYZATA MN 55391 .............................................................. V V ■/• I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND REPRESENTAnON OF INFORMATION AS IT APPEARS THIS DATE OF THE HEfPCPIN COUNTY OEPARINENT OF PROPERIV TAXATION OF NY KNCNLEOGE AND RELIEF #l'^02 {«: «•« <*• jomsTom FtEic; » ^ • ■... [ ^ tfcom AOOR ••h •.........W. / ••• t~ • DISTRICT /t2V/^ *. /*. *7 V % . i-i----=-==-z:^-•- SST^l£.2680o ____5J — HMI\M •• »• • • >04tl> (1 ill BLOC K //f We^ |J39*4-7 ? • • ___> •/. n^inx noi17^..-iv«4S3r^. I JT- /a fr^^COVER cSEcUUTION ttlRKSHEETSETBACK ZONe; (CIRCU ONE) 75-250' 250-500'Existing HardcoverZonea!. A. -House LENGTH •• ' ' • • B. Garage . C. DRIYDfAY D.. Sidewalk _ X X WIDTH - •500-1000*5.F S.F. •S %F« S.F S.F. •S.T. S.F. S.F « • • L / 2T Afti' ■ S.F.a.r- E. Patio / Deck F.Landscape AREAS • UNDERLAIN BY , . PLASTIC . SHEETING -k. . * *•'* • -' T • , . *v . ‘ ** i* ** -*.• V. WT. • r G. Other ' ••'.TCr,.-. - ••'•: . ‘r-. ,\fe.ToTAL Hardcover in Zonb .•■ v: V * •• ’ S.F • .P» Total Property Area in Zone - ■ 7-.-. . • • ’ 4[T| X 100 - § t - : # l®w• • . HAHKDVER CALCULATION ' r .1 "v*ut HOTtrira CALCULATION V0RKSHKT_^^ SETBACK zone: (CIRCLE one) 0-75'^^2^ 250-500' 50( Existing Haiu)cover IN Zone Ju tr^ • * »'• A * Uniicc • * . • * ••• 5f'-SiFt • - W.v. S-*; LENGTH ' HIOTH y j, > :: . - • • ; • . • • . • • • • • # •*» • . • •*•••*•• ■1 •% • • ■ • 1 • * 1 s;f. ^ , jD • • • • . - V.• • .• / • • • • m • • • • • S 11* i •. ,0' V__y - • . ...» ,.. .* .- • •. ^ •• . • • ** • y • \ * S.P.=4•\• •.• .* ^• - «••..• •• * _ _ y m S.P. *. • m. Caoasp f’ - ' . . - : ,-S . . • •S.P. ■ t • • ■ •• r. riof VPWAY y •• • : '37GG's.’f. *’ t • % t• V.-- ^ ■- • ■ •- . • • • '••• ■ y • • • • ■I -• • sip. •' • ^ • ■••' '*'* . .** * ••• n. SrnPWAtic ’■ ■•'• y • • •• • • S.P. '.^ • • t '• • • • .• • •• y % : » . • • • • «♦ • t • .1 . • • • S • F i f • ^ • • • • ••. ' t • • • y • • • • • • m ••• S.P. % * E. ?ATi0/^^.-Deck ••. • • * . A • • ^ • • ■'y •• • •* S.P. . •• • .• • .jL c - f ’... ^ •. . W S.P. • AREAS ■ UNDERLAIN . RV y # • • • • * #^ • S.P.1 PLASTIC • SHEETING : • •• y • , * • SB •• S.P.' . • m * -=> ••••- ,. • V •’ : .: ■« • .: <r » fn . ' * * • • • . * • • . y- • ■ • • • • • . » . • • • S.F. . • • • I '• -vv IS. nTMP» * •?V.; •"• • • • • .■. rv-. -v . y • A *W * • •• S.F.# ^ • •• « •. • • • • ^ T otal 11MlSCOVIll IN ZONS f.P. [ ^ •^ • • • • • V... ^ , *. Total. Property Area in Zone -^34 oo S.P IXI • • *** "* * ’*' :% • ^ .•• • ^ —- \ • .»• •- • • •. • • V.4k< • •• ? * • * HARDCOVER CALCUUTIOH WRKSHEET _____ SETBACK ZONE: (CIRCLE ONE) 0-75* 75-250*^jSo^OOy 500-1QQ0 Existing Hardcover im Zone A. House LENGTH " NIDtH • - • .• • * *■*. • • B. Garage / ‘ c. Driveway X X vr:.^ D«. Sidewalk ^X*. E. A* . .;. • • % . X > m # . • p.Landscape AREAS V • •••«••-. . •• UNOERLAINVv BY ••-.•IjL. i At % • •' * V • ^ • • • PLASTIC:,.-. SHEETING V • • • , ,»f • r \ mm 'T«,. - '• • *.t4 N ’s • •.* •w • • — 6. Other 1 - I X X I X X X X :• ’ ■.* ’ ■' > SkT otal Hardcover in Z one .. V •" a . V . I • •' •.v/.r . . V Total Property Area in Zone I*** ^ * f • — — . aT rI 100 • ,LiSJ . S.P. S.P. S.F S.F S.Ft S.P. R S.P. S.P S.P. S.P ••>• • - • =.*• S.F. S.P. S.P.* I • G S.P. « s.p;•. v s.p.*'*• • .* , • S.F* f.P. 0. '3B2^ S.F* • I fl • • •• ■ • '*>-V . ‘ . . • ' •... '• ’ • .* • • - t • • • ; B&dcover calculatioh wrkshest • . SETBACK ioke: (c.rcu oke) (^75-250' 250-500' 500^1000' * » - ■ . ExisTiNa Hardcover IH ZoRB A. ' House LENGTH 0*^ • • B. Garage 0 c. Driveway D.. Sidewalk ^ E. Patio/ "Deck F. Landscape AREAS ’ UNDERLAIN BY V I : PLASTIC SHEETING *• •. . r • » .• •* • 6* Other.:^ - ^rv • V . y - X X X X X X’. X X X X X X HIDtH Ha RWOVIR- in 'ZOMl - Total Property A rea in Zone V " o 4 |T| ♦ X IpO ■ m .1 SiPi S.F. S.F. SiF S.F « S.F. S.F • • • • S.F. S.F. S.Fi S.F. . S.F. _ S.F. S.F. # t t S.Fi S.F S.F' • • • .» . I ^ S.F. f ^ ^ S.F. E O 'Vo t D «*.V \'ri i . • .. . ' >. . * •. t • • • I :OVER CALCULATION WJRKSHgL—. SETBACK ZONE: (ciRCU wb) 0*75' (75^25^ 250-500' 500-1000' Existing Hardcover Q * V. • #,* • • vi'TOTAU Ha ROCOVIR IN ZoNB - •T * , * . ••*► * • Total, Property Area in Zone f/Z3 4^h’15o t s .r. 0 .!■. .E ( . « • •• • * * * •m S.F. V : - V length ■ WIDTH • . w* • •y m • • •* • • • • • - • • %• - * ^ • — 8.Pi . . • . •. . ' *- .. * • • • • • « S.F. m ' - . ^• • • • ^ . >' .. - . . • • ...•. •• • . y •• •« ' • S.P. . * .• . V* ■' • . • . ■ - *• ' - y ••■ • •• 1 1 • s;p. • • • • • • . .V-. ■ *,v • * • • B. RARARF . • . y m • . . S.Pi /S20'S.P. • .<V ^ ^ » • ‘ ’ • * . . • - •• • • • » ' . • ••• • ^ ^ • • 1 • • • . S.P. . • * . • » > •• V m • ZCO • • . • . S.P.w ' • ; - • .* . . • • • •' .. • •• 5, • *S.P. • • • •^ v • •• • y - * ‘ • • ^ • * , StFt ■ •■■■■■■;.. : :■ f ^ • L z&t>^ • ;.» • %• , S.Pf; . • . . ^ u«r J . 1 ^ V' ‘ . • • •* • e t AMn«raoC *• Y • • • .1 • S.P. areas •:• . . UNDERLAIN . -J • • • • , S.'Pt PLASTIC '; SHEETING r- • • • . • • S.P. JZ3i0^ y '2 . • • ••• S.P. • *» m. • .• • • ?.p. t # • • ..» 8 . • • • * »•) a[T[ <it,yso « ioo- • * • ■ • *—• • • # r-^** * • -• • ’ -V* ••• •.- . ' . , *. f, i WWSHEET ___^• SETBACK ZONE: (CIRCLB ONE) 0-75' 75-250*f^O-500^ ExisTiMfi H ajkocover im Zone• . « 500-11 A. ' H owe * 2/^ • r LENGTH WIDTH yr V . ■ ?f^'V ^ X* • B. G arage c. Drivehay ^ 0.. Sidewalk J. A' • X'—;—. # • X X . s.p.• • . S.F. . s.pV S.P. S.F. iifi S.F. S t F • S.F. .. =1%S ;o '0 • ■•»• ■*.* ► «ri n , w C, PATlfc6eck:?'^ • « k ■ r . •■■•'* f. —.V f • ; fr. •. F. Landscape AREAS *• * UNDERLAIN BY . f. S.F. S.F. S.F. • • S.F. siri* • ^ ■4 PLASTIC ' SHEETING .> ^ ... • •. *1 . iK•11t • . • • • •«■ • • ....*, ■’ ^ . S.F. .. .. ., . * •* -■ ••• * ■ • • • . . • *: •. . % • '- ... • ' y • • •S.F.' . . ' . . .• y, .J. - fi. Other r-;" ' - •*' • •.••• ■• . y ; • • r*• • . • .*.•*, . S.F. K* - Total fURscoyfR in Zon I ‘ • - ..* li. -'A. .. . . A* - • - ^ . ^ Total Property; Area in Zone• ^ • • s t :>; S .f',. IB • • • Afti Z*^sei X 100 r >—A- • » • •• • ^.» » ■. ‘- A’ . • , s • «.»-|* !• • COUNCaMEETING REQUEST FOR COUNCIL ACTION MAY 9 1994 DATE: Ma>CniMF ORONO ITEM NO.: \ f Department Approval: NaoM JeaoDe A. Mabu&ih Title Building A Zoning Adflanistrator Administrator Reviewed:Acenda Section: Zoning Item Description: #1923 Atelier USueur, Inc., 2180 North Shore Drive Conditional Use Permit/Variance - Resolution Additional Exhibits T - Building Official’s Review Memo 4/18/94 U - Minretonka Art Center Letter of 4/1/94 Brief Review of Application Atelier LeSueur. Inc., a school of fine arts, has occupied the former Hill School building for the last six months. The school currently has 15 full-time students and seeks approval of a maximum 24 full-time smdent enrollment. Annette USueur. the director, was advised that a conditional use permit was in effect and would allow the proposed use. Staff advised that since the property was reconfigured and under separate ownership from the Art Center that a conditional use permit had never been issued for an arts or dance school for the new owner. Ms. LeSueur’s intention is to purchase the property for the purpose of operating the fine arts school and to maintain the historic character of the Hill School facility. The issue for the Planning Commission was to determine if a full-time fine arts school would qualify under the conditional use permit for school use or as a continuation of a non- conforming use similar to the conditional use permit granted to the Art Center. As the curriculum of the fine arts school could not be considered similar to that taught in a public school, a conditional use permit for school use was disregarded. If the use was to be approved, it would have to be under a conditional use permit for the continuation of a non-conforming use. The Hill School housed the Art Center siirce 1957 and in the early 1970’s, when the use expanded to the former elementary school to the immediate west, art and dance instruction use of the facility continued through the Art Center’s ownership in 1989. Under the current ownership, art instruction classes via a lease agreement with the Art Center continued through the end of 1990. Since that time, a day care and dance school has been in operation. The day care was operated at a level that would not have required a conditional use permit but clearly the dance school would have required a conditional use permit. The City has never issued building permits for the conversion of the facility into a residential unit. The facility remains with its original classroom layout. The building has never been used as a dwelling unit. The property was connected to municipal sewer in 1992. Request for Council Action comin page 2 of 3 May 5. 1994 #1923 Atelier LeSiKur, Inc., 2180 North Shore Drive The Planning Commission reviewed the background inlbrtnation on the 1989 conditional use permit that would have allowed contiraied use of the property for art and dance insmiction under the new ownership. In reviewing the exhibits, it was obvu: s that the Planning Commission was ready to recommend approval subject to both the City aiKl ilw applicant providing additional information The permit review never continued as the Art Cenier dropped its association with the Hill ScIkx?! facility in that same year (review Exhibit P). The Planning Commission concurred that the non-conforming art and dance instruction use had been conducted at this facility first under the conditional use permit granted to the Minnetonka Art Center and then informally under the current owrarship. As for required site improvements (review Exhibits I and J), the Planning Commission concurred with applicam’s request to allow the gravel parking area to remain rather than requiring it to be paved. The Planning Commission also advised that as long as the Minnetonka Art Center had agreed to allow the sharing of parking, review Exhibit T. that the original ferKing marking the boundaries along the north and west side could be removed. The median along Briar Street would have to be installed to provide safe and controlled accessing onto Briar Street rather than the informal backing out into street right-of-way that currently occurs. The Planning Commission unanimously approved the conditional use permit lor tlW! continuation of the non-conforming use and a variance allowing open parking within the required street side yard, subject to the following conditions: 1 3. Enrollment shall be limited to 24 full-time students. Any increases proposed in enrollment must be approved by the City with an amendment of the original conditional use permit. Applicant shall work closely with Building staff to see that all necessary fire and building code improvements are installed within six months of the date of the approval of this conditional use permit (November 9, 1994). Maximum occupancy shall be limited to a 100 person occupancy during the times of special exhibits or showings. The Planning Commission did not specifically address the installation of the median but because of the need to maintain safety where parking areas do not meet the required setback, the installation of a median must be required as shown in Engineer’s sketch. Exhibit J. The enclosed approval resolution has been drafted per the Planning Commission recommendation and incl ides the requirement for the median. The findings of the resolution review the historic school/art institution use of the facility. Request for Council Action continued page 3 of 3 May 5, 1994 #1923 Atelier LeSueuf, Inc., 21S0' North Shore Drive COUNCIL ACTION REQUESTED: To ado^ or amend tte enclosed approval resolution, OR To deny the conditiowl use pennii for continuation of ojwn-conf^in* art or dance tetiuction conducted at the facility was not approved under the requited S^mTapprovals of the City and to direct staff to draft an appr.rpr.ate resolution for CouncU action. For more detail on the background of this review, refer to the staff memo enclosed and the Planning Commission minutes of that meeting. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIV ISION 5 AND A VARIANCE TO SECTION 10.61, SUBDIVISION 5 (A) FILE NO. 1923 WHEREAS, Atelier LcSueur, Inc. (hereinafter the "applicant") has an interest Ln the property located at 2180 North Shore Drive within the City of Orono (hereinafter "City") and legally described as: refer to Exhibit A, att^hed (hereinafter "propei^"); and WHEREAS, per Section 10.03, Subdivision 5, the applicant has made application to the City to allow the continuation of a non-conlbrming use of the facility as a school of fine arts providing full-time class instruction and a variance to Section 10.61, Subdivision 5 (A) that would allow the continued use of an open parking area located within a required side street yard where no such paridng would be allowed. NOW, THEREFORE, BE IT RESOLVED by the City CoutKil of Orono. Minnesota: 1. 2. 3. FINDINGS This application was reviewed as Zoning File #1923. The property is located in the RR-IB Single Family Residential Zoning District requiring two acres in area. The property consists of 25,440 s.f. or .63 acres. The building referred to as the Hill School was built in the late 1800’s and served as an elementary school for the Crystal Bay community. In 1957 the Hill School was purchased by the Minnetonka Art Center and the facility continued to .serve the Art Center through 1989. Page 1 of 7 6. 7. 8. On June 12, 1989. the City approved a metes and bounds division that divided the Hill School property from the Minnetonka Art Center. From August 15. 1989 through September 11, 1990, the Art Center of Minnesota (formerly Minnetonka Art Center) leased the facilit)’ from the new owner for the purpose of continuing use of the facility for art instruction purposes. From the later part of 1990 through the prcsciu, the facility has sersed as a licensed day care aixl a dance school. From the late 1800 ’s to the present, the facility has never been used as a residential dwelling. As required by Municipal Zoning Code Section 10.03, Subdivision 5, the applicant has filed for a conditional use permit to allow the continued use of the facility or a line arts school offering full-time instruction. On April 18, 1994, the Orono Planning Commission voted unanimously to recommend approval of the conditional use permit and variance based on the following unique findings: a. The use has existed prior to the creation of the single family zoning district through to present times without interruption. The use has had no detrimental effects on the surrounding residential neighborhood. The art school to be operated ftom the Hill School building will continue to share parking facilities of the Art Center of Minnesota consistent with the former comprehensive operation. The City has no record of vehicular accidents resulting from the use of the gravel parking areas along the east side of the property adjacent to Briar Street. b. c. d. Page 2 of 7 L 11 The Council finds that tte conditions existing on this property arc peculiar to it and do not appl> generally to other property in this zoning district that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary' to alleviate a demonstrable hardship or difficulty ; is necessary to preserve a substantial property nght of the applicant; and would be in keeping with the spirit and intent ot the Zoning Code and Comprehensive Plan of the City. 12 The City Council finds that granting a conditional use permit to allow the continued use of the facility as a fine arts school offering full-time instruction will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighbormg properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code anJ Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council concludes that applicant ’s proposed use of the property as a school of fine art instruction is a legal non- conforming use of the property and hereby grants a conditional use permit per Municipal Zomng Code Section 10.03, Subdivision 5. The Council further concludes that the configuration of the Hill School property and the historic background and school mu- of the property are unique consequently grants a variance that would allow open parking stalls within the required side street yard. This approval is subject to the following conditions; 1. Applicant has received approval of ? variance to allow open parking within a required side street yard area as shown on approved site plan attached to this resolution as Page 7. Applicant shall be responsible for installing a median within Briar Street right-of-way as shown on said site plan to be completed by November 9, 1994. Applicant shall provide an updated survey locating travelled right-of-way of Briar Street. Page 3 of 7 I 3. 4. 5. 6. 7. Applicant shall rcUin a licensed architect to iKldrcss some of the following items as originally set forth in the Building Official’s memo cf April 18, 1904 that are to be completed by November 9, 1994: a. Handicap access to first level only. b. Handicap sanitation facilities. c. Consideration of occupamry requirements atKi type of construction. d. Exiting requirements. This non-conforming use may not be changed to another non-conforming use. Nothing in the Municipal Code shall prevent the placing of this structure in safe condition when said struemre is declared unsafe by the Building Inspector, providing the iKcessary repair shall not coiistitute more than 50% of the lair market value of said structure. If structure is damaged by fire, flood, explosion, earthquake, war, riot or an act of God, the structure may be reconstructed and used as before if it is reconstructed within twelve (12) months after such calamity, unless the damage to this building or structure is 75 % (or more) of its fair market value as shown on the Assessment Records at the time of damage, in which case the structure shall be demolished, and any construction thereafter shall be for use in accordance with the provisions of the Single Family Residential Zoning District. If the non-conforming use of this structure is discontinued and remains discontinued for a period of twelve (12) months, any future use of the structure shall be in conformity with the provisions of the Single Family Residential Zoning District. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by applicant obtaining permits from the City to complete the required improvements as set forth in Conditions 1 and 2 above to be completed by November 9, 1994. Page 4 of 7 8.Violation of or non-compliancc 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. 9.Annette LeSucur, the Director of Atelier USueur. Inc., has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, the School, its heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of May, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan. Jr., Mayor AniKtte LeSucur Director of Atelier LeSueur, Inc. Martin B. Schneider Anlrea E. Schneider STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ^ ^ The foregoing instrument was acknowledged before me on this >th day of May, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin. Mayor and City Clerk of Ae City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of e City. Notary Public Page 5 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____uay of____, 199 before me a Notary Public within and for said county, personally appeared _________________________________________ known to me to be the person(s) described in and who executed the foregoing imtrumcnt.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of___, 199 before me a Notary Public within and for said county, personally appeared__________________________ _ __________ known to me to be the person(s) described in and who executed the foregoing instr.^jtitf nd acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of___, 199 before me a Notary Public within and for said county, personally appeared_______________________________________— known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 6 of 7 % N« V. \3 % t: Vi u-H1-—- 1 — r— If----------L_*.\ .L--1 ' 1 1 1 1 —------------------------ — -------------- 1 4 J « * 1 --------------- —----------— — — - 1 h«- X \ M f \ N N N 'i. \NV^ \ >!»♦ t tvwl lOA ^O 4^ C1XUTIU4 rsuKiis coumr 69 00 106.00 0«9AV^ rT-T-T-TT-TrTn •it I I -1- I 1^1 I U-i Jill PROOP o^ PAgfcl N^-v It ■“ S-2 I---- m "y s V*. 'S / ___N90*00'00"W 175.OO*-- (CO. RD. 51) - S<fri. ptr O0C- A/0-UCZ99i /• Mtfr^ Wasff Cmf^trmi ^dv’6 Lot 5 Jo^rnn^ R.X3 Page 1 <± 1 FnHn: Date: Subject: Otxmo Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabusth. Building & Zoning Administrator May 5. 1994 #1923 Atelier LeSuenr Inc., 2180 North Shore Drive - ConditioDal Use Permit - Public Hearing Pertinent Ordinances 1.Section 10.28. Subdivision 3 (A) (Section 10.20. Subdivision 3 (A)l - Applicant seeks approval of a conditional use permit to allow a school of fine arts for full-time students at approximately 20 - 24 enrollment. 3. 4. OR Section 10.03, Subdivision 5 - Conditional use permit to allow continuation of non­ conforming use. Section 10.61. Subdivision 5 (A) - Open parking on residential properties shall not be located within required front yards. Review Exhibit S. Note 10 ’ required setback is maintained from north and west lot line. Section 10.61, Subdivision 10 - Based on standard in code, 1 for each 7 students airf 1 for each 3 classrooms, applicant need provide no more than approximately 6 parking stalls. Staff would argue that with 24 full-time students and 3 staff, 24-f- parking stalls would be required. No variance would be needed but the requirement for parking can be a condition of approval of the conditional use permit. Section 10.28, Subdivision 5 (B) - Lot area. Required = 2 acres Existing = 25,440 s.f. Proposed = .63 acres Variance = 61,680 s.f. or 71% List of Exhibits A - Application B - Plat Map C - Property Owners’ List D - Addendum E - Floor Plans F-1-3 Letters of Recommendation 2U)ning File #1923 April 15, 1994 Page 2 G - H - I - J - K - L - M • N - O - P - Q - R - S - Handout for School References Engineer ’s Report Site Plan Recommending Improvements by Engirfficr Resolution Approv ing Metes and Bounds Division Creating Subject Property 1989 Subdivision of Metes aiKl Bounds Division Staff Memo Application #1487 Action Notice Minutes of Plannin^. Commission Meeting 1/16/90 Termination of Lease Between Art Center and OwtKr Staff Sketch Article in Sailor Newspaper Survey Review of Current Application Applicant seeks a conditional use permit to allow a school of fine arts in the stmefufe located at 2180 North Shore Drive, the former Hill School. Until approximately 1990, the property continued its association with the Art Center providing art and dance instruction. The Institute will provide art instruction for 20-24 full-time students. Please review applicant s addendum. Exhibit D. As her students are all mature, she sees no poten al for incidents that would disturb the tranquility of the existing residential neighborhood. Her students will not be parking in the street as she feels there is adequate parking available within the property and the adjacent Art Center parking area. Stiff has been advised via her attorney. Mike Hoekstra, that the Art Center has agreed to allow the shared use of the parking facility. Staff has yet to receive written confirmation. Applicant should explain classification of the institute as a non-profit school. If members are not aware, the school has already moved to the facility and is in full operation, review Exhibit R. As applicant’s addendum notes, she was advised that a conditional use permit for "non-conforming use" was in effect. Review Exhibits I, J and Q. It would be impossible for applicaiu to meet parking setbacks as set forth in Section 10.61, Subdivision 5 (A). The property is a comer lot and subject to 50’ setback on both the east and the south side. The Engineer has reviewed the proposed parking and has advised there is a need for a median to be installed as shown on his site plan. Exhibit J, defining two curb cuts and two parking areas. He also recommends that parking areas now be paved and each stall designated. There is adequate widA for backing out maneuvers with parking stalls adjacent to structure. All stalls meet the required 9’ x 20’. If stalls are to be permanently approved in this setback, part of the conditional permit review would require approval of a setback variance for parking. would lx Zoning File #1923 May 5. 1994 Page 3 As per all conditional use permits approv’cd in a residential zone, signage limiied to 12 square feet. Such signage would be allowed to be double-sided. Per the floor plans submined. Exhibit E, it appears the applicant pn>poses no major alterations of the classroom areas. The Building Official has been asked to inspect the facility and to provide further direction concerning any building or fire code concerns. History of Use of the Facility and Land Use Implicitions In 1989, the Art Center determined the need to sell off the Hill School for private sale in order to meet ceruin financial needs. The Hill School housed the An Center siiKe 1957 and in the early 1970 ’s expanded to tla former elementary schixM to the immediate west. The current owner, Marty Schneider, purchased the property as shown on survey. Exhibit S, in 1989 after the City approved the metes and btHinds division. Prior to the filing of the metes and bounds division, the City received a conditional use permit application from Mr. Schneider seeking duplex use of the struemre. The application was withdrawn. During that review, the City received petitions from several neighbors voicing coiKcm that the former Hill School structure would now revert to residential use rather than being part of an art complex. With the approval of the subdivision, the property was now to revert to single family residential use. Soon after the subdivision was complete, Mr. Schneider advised that the Art Center still wished to continue the use of the facility. Mr. Schneider was advised of the need to file a conditional use permit to allow the continuation of that use. Review Exhibits M. N and O. The application (#1487) was filed in January of 1990 but applicant failed to continue with the review. Review Exhibit P. In September of 1990, both the Art Center and Mr. Schneider terminated their lease agreement. Since that time the facility has housed a day care use at a level that would not require a special conditional use permit. The use is a permitted use in a residential zone. Staff was not aware of a dance school being conducted at the facility at the same time. This use should have been authorized under a conditional use permit. OfTicial Status of the Property As Application #1487, the conditional use permit that would have allowed the continued use of the property for art and dance instruction, was never completed, the City recognized only the approved residential use or the day care that has been conducted at the facility for the last few years. If a fine arts school is to operate from this facility, a conditional use permit would be required. The informal gravel/parking areas were never removed along the east side of the facility but have continued to serve day care users. The required fencing had been inst' ‘.led along the north and west side of the property defining this facility’s parking area as sep • \u from the Minnetonka Art Center. Upon a recent inspection, staff noted the fencing on the west side has been removed. The Art Center has relocated a lighting pole within their parking area. The zoning or land use issues for the current review would be the need to approve a conditional I Zoning File #1923 April 15, 1994 Page 4 use permit to allow the contiraiation of ait insinictk>n at the facility and a parking setback variance for parking stalls that do not nocl the required 50* setback. It should also Ik irolcd that the facility has been connected to municipal sewer, completed in 1992. Buflding OfneiaPs Comments The Building Oftldal shall ask that a licensed architect address the following issues: 1. Ha.jdicap access to first level only. 2. Handicap sanitation facilities. 3. Consideration of occupancy requirements and type of construction. 4. Exiting requirements. The Building Official is preparing a written memo outlining in detail all of the general points noted above. The memo will be handed out to the applicant and members of the Planning Commission at your meeting. Planning Commission members arc advised that there is an exhibition at the Institute on Saturday, April 16 between 1:00 p.m. and 4:00 p.m. The Director of the Institute will be present and she will be able to show members around the facility. If you are unable to make the Sanirday timeline, the Institute will be open again on Monday during regular hours from 9:00 a.m. to 5:00 p.m. Issues for Consideration 1. 2. Please review the conditional use permit section regarding school use. Does the school of fine arts fail under this classification of use or should this be considered as a conditional use to allow the continuation of a non-conforming use? In reality, the non- conforming use of the facility has continued to present although City did not have a current conditional use permit. In reviewing the exhibits on the former conditional use permit. Application #1487, it was clear that the Planning Commission was ready to recommend approval subject to certain items being provided by both staff and applicant. In light of the limitations in area and parking, should this conditional use permit be limited to a specific number for student enrollment? Zoning Fite #1923 AfMil 15, 1994 Page 5 Options of ActkRi If dented. Planning Commission members must refer to Section 10.09 on the nccessaiy findings for conditional use permits anu Sectic 10.03, Subdivision 5, standards for non ­ conforming use. OR Approval, subject to the Findings that non-conforming use has been in existence continuously since 1975 and that all pertinent standards of the non-conforming use section have been satisfied. By granting this current conditional use permit, ite City also recognizes the need to grant a variance for location of off-street parking located within the 50' front/street yard. This approval is based on the finding that this parking area has existed while stmcnire has been used for educational purposes and that City has found no record of potential hazards for the users of the adjacent public roadway and that all necessary findings of the conditional use permit sections of the code have been met. Approval is subject to the following conditions; 1. This conditional use permit shall limit enrollment to 20 - 24 (?) full-time students. 2.As educational use shall be permanent, the City must ask that all parking areas be paved and median provided at City Engineer ’s request located within the right- of-way of Briar Street. Applicant ’s surveyor to provide updated information locating exact location of paved road within Briar Street right-of-way. 3.Applicant shall work closely with building staff to see that all necessary fire and building code improvements are installed within six months of the date of approval of this conditional use permit. 4.Should the City require written confirmation that the Art Center and Institute have agreed to share parking spaces when needed? 5.Should there be a limit placed on the maximum occupancy of structure during the times of special exhibits or showings? The building code would limit structure to 1(X) person occupancy. Should it be less? J/. O, O - 7/" 1 CITY OF ORONO - GENERAL LANtF USE APPLICA / f TION ) PROPERTY LOCATION . Site Address ^jmo AA^ AjM^XL—lkaai Type of Appikation to be Filed Property Identification Number (P.I.D-) a/ta/ OeiAqkJTtfM^L lAtf" -jjjL APPLICANT Name__^^ Address Phone (home) ^7^* •///*/ Phone (wc«-k) J’zz - ZJ Zip y3^39J OWNER (if different than applicant) Name Ji/Mjty/mf ---------------------------- Address /2^5" _____City Phone (home) Phone (>^tffk)^nr Date Pro I (do) /mcquired______/7 - /T^ also own the adjaflJ^nt parcels of land. FEES - CONDITIONAL USE PERMITS - $ 50.(X) For each variance request with CUP application $125.00 Residential Accessory Use ~ $200.00 Institutional (church, school, etc.) $175.00 Guest House/Gucst Apartments $150.00 Duplex Credit/Bldg ^ $250.00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, reuining walls within 75 ’ of lakeshore PRD/PID - see Fee Schedule $100.00 Renewal Fee (no change from original application) After-ihe-Fact Fee - Double Current Application Fee Zip 553y/ _____(month/year) CW CF Dim f IS'A,iC£ OFFICE i 7^jy'V}AA/\Aa J^va. wvwv 01 5£V 20.00 1350200000 01 CEH ISO.OO CHECK R 200.00 REaiFT-rnm you »ymo cool roi ns:4 03/25/9 OTHERAPPLICATIONS ____Commercial Site Plan Review (+consultant fees) $250.00 Vacation $175.00 Easement Vacation $ 75.00 Easement Vacation With Subdivision $300.00 Rezoning (PUD - refer to fee schedule) $300.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - sec Fee Schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) 1. 2. 'I. 3. 5. 6. 7. REQUIRED SUBMITTALS ____ Completed Application Form- Describe request in detail. ■ Certified Property Owners List of owners within 350 ’ (you can obtain this list from ^ Hennepin County Deparmient ofJFinance, A-603, Ciovcmment Center, 348-3271). Plat Map.^' Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital satus) of all persons with an interest in the property. This would include name(s) of applicani(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc, to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that L.and Use Application is complete. Initials of Clerical Staff:__________________________^Date----------------------------------— 9. 10. APPLICANT’S SIGNATURE . The applicant hereby agrees to provide all information required or requested by the Zomng Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and con^erTolB^ knowledge. DateApplicant’s signature OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes jifrti^s^tion and verification of this request. Owner's signature _______________________Date 29 Applicant "in«t have all submittals into the City offices 25 days before the Planning Commission Meeting. Planni^ Meetings are held on the third Monday of each month. Applicants must be present at ^ scheduled review of the Planning Coounission and Council. If an applicant is unable to attend a scheduled meeting, please arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of ebdoge prior to the meeting. I w > • 5 ; 1^ ' Jrs) Vtq) V 3_ V I V^iSlilfXX.‘X i)'^■ 9 MO -i;;cf; (»6) »# luHOf a (»r) 03 M 40 .’4’ 5 "_____5 MiViUo“ 9D a V lav ^1^9) •4> I L<0) ? I >v^irr? rf. » V ) 4) * ' '^'CITSTAL' ■» < " '*^B(39)1 \ a (3/) *“ , <0 '*5J ■: 38)2 \ 33) *> , ■ '40 1 (37)[1 \ 'fl ^ k — y (34) ? ax ^ '•®a[ 1 0^ -a n Ov,^*- - ^ ^ (44)a f ( 19)? CRrSTAt ‘ (30) •TTW ;;r ^ »o . ft 4 X §riv MTKAl ?i » j «r 'V » ) ?_L??i-'.?/ i«) 10 ** ,' ic n ^16)8 ( 100) ] 'fsoi' (57) ^........ ((9) *,2 *! (54), . ''f3 *(53)*1) • ( 55)2 5 s^5 s • 1 5 & (56)“ - •* ?r 5 wc.j^ of oa^.• C /t-rX 44T. 1 - - a 7~^9 • • (?) 411. 1 C (3) 404.1 i Cc»/*>, /S’ >• • V • rMTI n/St/9%lATCM m „xtw. : vC - *1• »« NCItCriN CtUfTT MOPCm XWOMMiriaN SrSTCN»«)KRTV tM«ltS LISTi*-ii7-n n W04 OOOJt AMKSS UNASSZ6»CD______________j^i^AXPRYf NEC - . - * ‘^fy- '■' KAmr* M( -k SSS91 •.<v . '. V 4 |^. *•!? ’*xj:V‘•i «- .♦ ? < . ♦ 'f^v, f. ‘ *,^*' «;. vj --•■VC ' ■ ' r-, . . „,s» ,'io-H7-«H oeis WKJP AOW OtlTO , MIOS^CT AVI ■ jcmnsm a rarf JWAYIHt c’itOMY 0 JONNSON > NAHE/AOM,^ tOK in . ^ '-. . -.•■j i,** . I*’- 10-117-n 51 0050 too AOOt ' OlSfS WKMI RO S ’»t€« MAME ^I 0 r * L MUV >WC/mlHl595 ttONI to S f S^‘*’4^.»ttVZATA MN -n SSSfl. . • ' '' . .•>*• V- - '. ' yf/y *1 ®055 <AOOt .|% 01500^1 ORXAR ttOCR NAHEjdmML'M OUTc I^*VERJ5^MAKL h mlt |^^gw !rtox m V . i^^fss mx. spwp 1SmY10-U7-75 51 005« tM€K KANrSltDOUXS X CXSCNKIUHER i:-. ;v ■ ,> . •> «; 'i' 58 10-117-75 51 OOU OllSO MOSOECr RVtHAT mmHA8K A A TIHA H MMITt ZISO PtOSOECT AVC CRYSTAl OAY m 55325 58 10-117-25 51 0017 02100 PROSPECT AVE 00NAL0*i KATHEMHE J BECKER 2180 PROSPECT AVE CRYSTAl BAY m 55323 38 10-117-25 51 0051 01335 ARBOR ST BARBARA J 6ARCIA BARBARA J 6ARCXA BOX 11* 1155 ARBOR ST CRYSTAL BAY NN 55323 fcv ;.;r p- ■; '' -1 ■ st«r ' 'AA' a ■’ SUT CmTAL BAY m 55525 tr • rv;^ P-..'fK: r i* MAV9t<rA R^ V. '-- ..V . r ^ -„. _ *00t V ';■ 021W^ NORTO SHORE DR ^ .OttCR *^AME .-.-'mRTXN A'ANDREA SCHNEIDER i5l 1:1 W<WYER J . - HARTIN A ANDREA SCHNEIbER NANE/A00R ; >;12S5 HUNTER JR '. - moxNA mn. 55571 ’ : V. i'V.' TP’ 10-117-25 51 005* , ARBOR ST SUTHERLAND A J OiraON ' SUTHERLAND *0*5 HAXH ST E HAPU PLAIN m 55357 ',■•' ‘ •" * ;v. ■!* ■'• • . V»' .■ ; 58 10-117-25 51 0057 01555 BRXAR ST HERBERT A SHEPHERD ETAL HERBERT A A MARIE C SHEPHERD^ 1335 briar ST IttYZATA m 55371 38 10-117-25 51 0100 021*0 PROSPECT AVE RICHFIELD BNK-TRUST CO TRUST RICHFIELD BNK-TRUST CO TRUST **25 LYNDALE AVE S RICHFIELD m 55*23-2587 . V. REPORT NO. PI*55*8lJli^- "ijv: #PAa-♦A* •• V58 10-117-25 51 ■'Oir 021*0 PROSPfr ,-C PATRICIA 0 DRUmONO PATRICIA 0 DRUmOFe 21*0 PROSPECT AVE CRYSTAL BAY m 55325 58 10-117-25 31 00*7 01300 ARBOR ST KURT P RAROS TOOO A KRISTIN SMITH 1580 ARBOR ST MAV2ATA MN 55371 50 10-117- 01355 AR6( 'J C PETER* a CREQOtV A A 1355 AR8CR < MAYZATA MN S5oi”-“iS s^®*® vfe E A LIBATIQUE ET AL N/L EST J J • v« 5 ^ ymyfmy EMIIOUC LIBATIQUE BOX 157 1585 ARBOR ST CRYSTAL BAY MN 55525 T8 10-117-25 31 0058 t'2175 PROSPECT AVE MERRY ANNE KNUOSON MERRY A KNUOSON 2175 PROSPECT AVE CRYSTAL BAY MN 55323 >~‘A‘ i^ipl 38 10-117-23 52 0017 022*0 NORTH SHORE OR ART CENTER OF MINNESOTA v;i MI^»IETONKA CTR FOR THE ARTS^'»W.v 22*0 NORTH SHORE DRIVE ''"J %' MAYZATA m 55371 / :M ■:p^. ‘?-’V V -*t Ml OATt 9Hnt/mV'MtCN Ml / 0IS»CnN COUNTY MOPCIT XNFCWttrXON frlTtNM 10-117-0 SI 0001 Omi NORTN SNOK ON RZNBSlfY N HUMNY JO RXNBSUY N MUMMY JM »«S NORTN SNORE OR NAYZATA lOi SSSf1 ■ *■•■ i« V ^.t- *< m w ' vs?;i. .» R. i* . 1- • M ' •♦•I t--. ■t'n- • ^• t *j '••'V- •t ■#; m *n. 4*. S ^ - R ‘ 'i •.'- • * y« ; V • “**?-’i ■:fu T'\A •■■ : - . r. A . ‘ ‘ . V • 'Ik >* - r t i - rv'.'K '; >v- •*'^^ ; .j'rW. • i ''' ..Vv,V^ '•> u / •• '*% * HTY QltCn tX5T •ItPOtT NO. 01415401 PMiTOTAk OATOI Ml OOOIV• »5 ‘■> • • ♦ •i* QO hD r • M. ^ , F . . . 1r » ' 1^ 4 iLi * ■ ■ v> V'I,, ■ > •’ ‘jW ; . * V, :L—’•■ 1 CERTIFY THAT TNI FACTS RCORCSENrEO ARE AN ACCURATE AND TRUE RtPRESENTATlON OF INFORMATION AS IT ARREARS THIS DATE ON TW RECMOS OF Tl« HEtMERIN COUNTY OERARTNENT OF RRORERTY TAXATION, TO TNE REST OR NY KNONLEDCE AND SELIEF „ -foa 1 •', V,'i«i<.J’ * • ** •*“J <• s • ii n* / * • i‘ v‘ ' 1 • '■..t y,... Atelier LeS ueur ! Maitu Stum bHTTvn or tmoarrAnoMAL AaT »l)Nanii»MtCk.aHM.lCiSS3fl (U3473^99U i t! C y \ o ■ i-.j March 20.1994 Dear Jeanne Bufldinf & Zoning A^fininistrator. Citv of C^nno, We are formally reqaesting that a Conditional Use Permit be granted to Atelier LeSueur Institute, a nonprofit adiool, presently located at 2180 North Shore Drive in Orono, legally described as: Block 3 Maitvillc, Lot 5 and that pan of Lots 4 A 6 lying Eaid of West 60 Feet thereof. We at Atelier LeSueur Institute are happy to be raiding in Orono and would like to cofUinue to operate our fuie an sctaxil in the future. We employ a faulty which includes some of the finest painters in the Cla.ssical tradition in the world. Our school is dedicated to the preservation of a tradition that was begun in Seventeenth Century France; that of Qassical Realist painting. When we agreed to the purchase of this building, we were lol to believe that there was an operative Non-conforming Conditional Use PemiiL Technically d« property stould have been adopted as a school in 1967 when tlK Municipal Code was written siiKc the property was an elementary public school. Nevertheless there was a conditional use pennit to operate the premises as a setool when the Minnetonka An Center owned the building. Then, during Martin and Andrea Schnetdei's ownership of the building. Uterc was a performing arts (dance) school housed there until we entered into a purchase agreement. The majority of our students are mature; as our entry demands are quite high, requiring considerable discipline. Consequently we expect no incidents that would disturb the traiK)uility of our residential neighborhood. If there was ever a need for overflow parking, it could easily be accommodated bj • •carrangement with our neighbor, the Minnetonka Art Center. And I’m sure that they would appreciate our space for their events. We have instructed our student body and staff 10 refrain from parking on the side of the road - and since we have ample parking for our needs, we expect to see tk ) viol'Uious in this regard. Thank you ever so much, for your earnest consideration of our request. Sincerely, Jeff Scon. Development Annette LeSueur, Director PS.. You can reach Jeff Scott at 522-2130 t w< uif I ( J f ../ V f. « ••/*. \ , \. ^ *7S^^73^ fit- >« » **’^(TV1*CA.) . !>»<• __________ l».l*---------- Q L I 4* I I tSL^f%»l* 5TCMD fUOR. (h€un Uikia»i( %igrtVWf€ 4 -#^ Ote WlU. (CMOOi. ^r«N««TfcSi/«iuZV /V ,«t*v f‘i¥>9¥ rr . .* J3*4** ____, 3 ‘.7' ^ {-^ %J>i fi^yr fl^aR jUS^m '^ST/TUTV Oco Hul SclttOL^ tit 9 SU9M€ At S4h/ 3-ev.v _i GJLRTSON STtDIOS • 3«55 Colfax Avtnuc North. Mpls . MN 55412 • (612) 522-1557 I March 20, 1992 To Whom it may concern. # 1 > -1 9n J. I an pleased to write a letter of recominendation endorsing Atelier LeSueur. It is one of the few studios in this country which offer a sound training for the talented and serious student. The school's organization and curriculum are directly descended from the Ecole des Beaux Arts and the ateliers of nineteenth-century France. The instructors have all benefitted froa this instruction and are them­ selves competent painters and qualified to teach. It is a rare privilege for any conaunity to be the home of an art school whose purpose is as serious and positive. Indeed, if history is an impartial judge, this area may be as significant for its artistic influence as any center of artistic renewal in the past. Hopefully, Atelier LeSueur will be enabled to continue its valuable service in a new location in our community. As is sometimes the the case, subtle things of great import often go unnoticed and un­ heralded in our bombastic and headline-oriented culture. Such have been the accomplishments of Atelier LeSueur. It is one of those rare and subtle concerns whose efforts deserve to be recognized, respected and supported. Sincerely, i THE MINNEAPOLIS INS! ITUTE OF ARTS 'V February 15. 1994 I V 1 Annette LeSueur Atelier LeSueur 2180 North Shore Drive Wayzala, MN 55391 Dear Annette, I want to express my deep gratitude to you and aH of the people who came to work at car Family Day last Sunday. All of your efforts helped make the day asu Visitors had a wonderful tina at the workshop. They loved drawing from the plaster models, but also appreciated the shading exercise that we developed. It was great for them to go up and see Kim hard at work using some of the techniques that they had just learned. I hope that everyone from the Atehcr enjoyed themselves as much as the visitors did - we had over 1200 people that day. I have enclosed a couple of photos that I hope you enjoy. Thanks again for your wonderful contributions. I look forward to working with you again. Sincerely Georgie Associate, Public Programs Education Division X400 Third Avenue South M.nneepolii, Minnesota 55404 Tel «ii/«7o-jooo Fa* <ix/*70-J004 It Imitating The Ancients Family Day Sunday February 13, 1994 Noon to 5 p.M. THE MINNEAPOLIS INSTITUTE OF ARTS ART ACTIVITY t* 4:1# Nc«clMfic«l ttW-lif* waHisikop Clakuoum 11 a/113« first tfa>or MUSICAL PERFORMANCE 12:J#. 1:45 #1:15 Sculptiirc Coyrt. %cci>ad floaf uANCE PERFORMANCE 1:40# 2.1# N—ct—tkal 4awc«« y tf»mw J by CfH>l SvYilpnire C»Min. »*cc»nd Buur DRAWING STUDIO No<» to 4:10 A 19th-<«fttiiry drmwkt§ ttiidto brMtfht to Hf« by studowts from tHo AtoNor LoSooiir RocwmU, second fliK>r VIDEOS 2:00 1:15 Ago of Reason, Ago of Rasslon Ncocfassloism and Roniantkism-RoaHsm ISIkburY AuditiMium, second floor EXHIBITION All day VIsiofis of Antlqtalty: NoocUtmat flguro Drawings Davion Hudson Gjilrrs, second floor Thank you for coming, Please join us for the next Frimil) Day, Imprints, Sunday, March 6, 1994* F#miiy Days are made possible tbrough the support ol Grand Metropolitan Food Sector Foundation on behalf of The Pillsbury Company, and U S WIST Foundation. Additional support Is provided by The B. C. Gamble li P. W. Slui^mo Foundation. I r 1 mcm% L J i! ? i lit 1 i #1 o f' ATILCR LESUER STUDIO OF FINE ART REAUSnC ART INSTRUCTION ^Tnart... potrtito »«nng in *)• «1 el r«pfM»n«ifconai drawng a«CTn»» »o ^ Me end rendw Mture aocur^ely by dnmng from IfcistrMtaw d Iter twow (jti maMr drawings, and dfrecHif from nature They are taugM P*^. 18«ra through the llWa. LeMone are indwKfriaBy designed and ciaee sizee are smal»that each studere may progress at hia or her own pace. 1-S77-333 Fafl Sept 20 -Jan 14 (No -*~*“** Oct IS — 22. Nov. 22 - 2S. Dec. 20-31) t^rthte^Spnng Jan. lS-Apri25 (Noe»aasFeb.2i.Apri4-9) $124 per 13 week 1 1/2 hour session Atelier L eSueurI__ Afternoon Ciasaee Mon. 3 30 - 5 00 p-m. Mon. 2 45-4; 15 p.m. Tues. 4 00 - 5:30 p.m Tues 3:30-5:00 p.m WedL 4:00-5:30 p.m Oesphavsn MME Miru.ewashta Grovstand Clear Spring Wed. 4 00 - 5:30p.m Esceteky Thors. 3 30 - 5 00p.m MMW Fri 4 00-5 30 p.m Scsnki Heights Saturday Classes Sept 2ii - Oct 30 Sat. 9:00-11:00 a.m OpEC Sal. 11:30-1:30 p m DpEC $75 per 6 week 2 hour seMion F'eVfr SESSION 1: Sept 13-Jan. 11 (Noclass 10/18* 10/19.12/20* 12/31) SESSION 2: Feb. 7 - May 17 (No claM 2/21 - 2/22 14/4 - 4/5) ©@ ........At DanceTECH. the 1 993 * 94 dance season dtars top trairang m various types ol dance as weM as an opportunity to gain poiM and conli* dance. The instnjctor. Tracy J. Doheny has taught dance and worked with children and aduks tor the past 12 years. She uses a positive approach and recognizes each parson as an kvfvidual.Tracy has studied various types ol dance over the last 15 years and has trained with soma ol the top instructors m the metropolitan arsa.This year DancaTech will offer tap. and balat jazz/creative move­ ment. end creative dance* and NEW Ballet technique. 60 min. $92/seesion 45 min. $70/sessk»n 30 min. $52/sMSion Please note; There be an add* tional tee for the Spring Recital Recital: May 21 Mondays VSOb 9 X-10 00 Y50I 10.d0-10:» Y502 10:30*11:15 YS09 11:15*12:00 V504 415-515 N0W Y506 5.15S:15 Y50C 6:15*7:15 Y507 7;15-e:l5 Tuesdays Y31S 3l5-4t» YM6 400-4:45 r3§7 4 45 5:45 RehesTMl May 19 A 20 Crsetive dwios lor boys Tap/Pie-Balet Tap/Pie-Balst TspA>ie-Bslel 3.44 5yssroids 3yssrokfr Adv. Bsg.4A5yearolds Bag. 445yearolds* Inisnn 6.7,6 year okfs** Balat TachnkajaOaam piopar 6 4 up iaohnqje. once 4 strengt*) Tap4Bala% Wann. 9 4 up** Jazz/Ciealwa 9 4 up Y366 5:45*6:45 CiealvedBfKa Tsp4 PrebaBat Tap4 Balat Tap 4 Balat 4 4 SyaaroU Adv. Beg 4 4 5yfol(to* Adv. Beg 6,7.4 8 yr. olds* Bag. 6.7 4 6 yr. olds. *SSidanta should hava compialsd St least one session ol lap or bailat **Studsnis should have comptslsd two years of tap or ballal AU classes wil be held at Deephaven Ed. Center Rnrt 211 ★ ★ ★ Open House ★ ★ ★ Note: Tracy will be available to answer questions and accept regisfrations w ^ T.jesday, Septerrber 14 from 6 * 7 p.m at Deephaven Education Center Mm * Call 835-5395 and leave a message for Tracy if you have questions. Minnetonka Public Schools Learninsr Toda>' for L«adinR Tomorrou Mav 16, 1991 Dear Arr.e'tte, ^^a^le and others: This is a follow-up letter to the /Vj7tist-In-Residency >-ou coiTOleted at our school. We appreciated your effoiTs and flexibility. Over the years we hav'e had many artists work with our students, but none were so well received or as effective with the students. They e.njoyed the oppor­ tunity to draw. H»ny staff r^rbers corroented how effective it was to have two people ;jorking together. We are excited about what haoo^ied to our students and steiff. We look forward to the possibility to be associated with your school again next year. Sincerely , /t7\ Chuck Andrews Excelsior Elementary School Charles I.. Andrews Principal (oJ2) 474-2564 • » A % enriclmient experience For artis'j residence Mane Schreiner ?nd Marc Johnson, who spent three weeks teaching drawing to the students a: Ex­ celsior Elementary School, the goal was for each student to have a successful art expcnence and to build skills with which they could move ahead on their own ‘‘Art IS not as unporrant a part of the curr.cuium as it used to be," said Sc.hreiner. "but it con ­ tributes to a child’s sense of w eil-bemg and to a sense of con ­ fidence and a sense of culture ' Dunng the j residency the ar­ tists m*’*. with each class Lhree tunes Eeguuung w ;th a rirawxg demorLiiration, uhey showed the students hew to use Lhe sight- siae method to draw an object accurately. They also shared the pnnciples* (rf composition and techniques of the great masters Various exercises helped students to tram their ey« to look at the object and coordinate their eye and hand, rather than to simply draw a familiar object — such as a teddy bear — with­ out looking at it In some class® the art lei'^ra were integrated with other units of study, such as the 3rd-grad;rs who were «rjdy- ing duiosaurs and leanied to draw them ' We found the students at Ex­ celsior to be absolutely delight­ ful," said Schreiner ‘‘.Ail of Lhe students were successful; the explosion of creahNity surprised oven us" First '”- .Jer Tamni* Weslermann practiced the sight-size method of drs>- ^ a dog, as demonstrated by artist in residence Marc Johnson of Ui' .itellicr LeSueur art studio. MINNESOTA SUBURBAN NEWSPAPERS MINNETONKA EXCELSIOR • SHOREWOOD mr a Spenoi r - A^LVsS s O3oe*SuirSailr April 22, 1992 - tm •^1. •* i 'f mk'* *- :r < ^ f • 4T ^rty Jo Holroyd of Edios t fiydriH ai Alrlicr l4:Surur m Lu^feior. %»tiHMi «nth ■ sififtk Ughl tourer in ■ darkared fludki Ml the school. Sliidrnis sun thor Crainins by mMking charooiil drawinst and o«rr years learn more advanced technuiucs.(l*hoco bv Cnug Modern story, old style Excelsior art school tries to preser\'e traditions of old masters n«. VIsCtKAkA. TlatniC ...Bv .MatUiew ZlaUuk Opera or NrH"* There s more thao ooe way lo tell a story. and some people think the old ways are best Or. if not best, than at least worth preservmi; That's what happens at Atelier LeSueur. a school for artists based m the Flxcelsior Community Center .Aspiring artists spend up to seven years learning to draw and paint. worKmg w*ith instructors to develop the style of ISth^century European masters. **This IS one of the last schools left in the world for this kind of artwork." said founder and director Annette LeSueur we re providing is an eye. which you can t get out of a book " The school is modeled after Fans4>ased studios of the late laOQd. where apprenDces would study for years with a master ''What we’re providing is an eye, which you can ’t get out of a book. ” — .^/incite LeSueur Fixjndcr. .Atelier LeSueur ••.Atelier.” iproocxinced ah tell-yeh' is French for "workshop The school tries to recapture the spinl of the old workshops, said LeSueur. with 8-10 students working closely with the instrurior. We try to have an atmosphere that 8 conducive to people ATELIER: To page 6A Newsstand PfiC9 5(F I K <K.'* .V V*.i: ' : t*i“- '.irt^Ji^'.::.^' r-fr-sc r *♦! ■^' V Mtke 1 i'»»r *4 M*i 1 r^e tu'v>*it* l•«4k • hrrak fmtn patnunc- Hr^ »nw <4 (hrer uwinaitirs «i llir «hiM4. iHboio b%m I. .' %-:■ ' i r^-ijs*. 1^'Msm-M f in ■ V ‘ 4^ TTunl»ear i^udffit Mark Vison^nilir worked on an n4 punCinf. ukuif thr meelmd. Hebm. «mie iM the p4^er *-*w> lued b% bcfmnms «udrnu. 1 rainmt hcipm aifh caa.% and pnawlk tn poriraitk and iftu£inark painune^ •I'hnian b« 1 raic L»mc 1 t> 4' f Atelier I n>wn im^r I % . %• 'Ja^ j umr sa lie.vKnir ♦T'. (lav I tram >onwthin£ -ktui Kim Kraik <a H ioiuiia a rat s in hrr tourih vear a> w oi > (uii umr svjaerns >hr aojiimi other trtt scnb ^is ta^-ae Atet»*«f tr'^u^ur sh^ said ‘!T)r% gave me avuenmenb* sr** J and ih^k d vruqyp but ’Jn*v (lidr t vach me hi'u •- jncMve the vwmirr T'aminf tJe«lrl^ auh >tiil We rnar/nai Mieunea pnmwwdtnd tu Oil aiiurs portraits and irrutiLirurk sfciirK> a hen die master thuuts die srucieni i5 ma<?\ !* fjit- (iiM-ipidie and siuiis s.4iii Slese l^-vin. who % t»*er i/ivojv«j with ihe schoo* since :i ticmed di tlaceisjflr nine %e.*m ago fipst as a student and now as an ui»trurtar 'be re g *. in£ mem the u*us to go on and dc wrutesrr fund at patming ihev rnoae 1' ' Use a musician tearurui die wana* a : me heart m the training hmiues regular criigues irvwn the instructor i> learning to use me sight sire technKiue fhe >wr «ei i 'iikwerv jw-u* a {eTsi'n afxJ the canvas are set i. iehsMde "Pi** .irtisi !»iamis several feet aw-iv mentailv re leu uie ''orrmeituin -letw ..*rwan3 and manw the canvas TV pra-es> r»*jjeafe'i '^ur ires** times ' jdPf'.L' even’oa..v .earr. Ui craft rr.agdvan paicldul*' wr;- r r*M**<»r-jt»i\ h*t»:ct ,r.a^ r.arv '^eunmano of /-!.•*. ar»* n**! i,reO he!«»re th«* wotk (wiirieij and d can Lake Tr. 'rv.ns or •.►•.in- *-• 'inush ^ verMMTg cLse u* something vcai lUM set up and do said 14- . r T''. ' ■-►rrie'.hir.g ci*mpieteiv idterrm ^ uu nave to do •♦-tvarate '''■♦• <'u«L«» ar»*a •»?' ‘re *op r\cr*>inr • omrTiU.'utv i enter u* i luttemf wun brushes props rags and the other pfci:*jpherr»ii.4 •: ’ re .irt .^nd the >rrej ot in twimt I’rafers i i-mpieted w >rk> h.ing on neariv even waii and nest to 5.u*Tems easets >WTie woriLs in pmgreNS nang apsitje cfown ^ Ht get to the pi'in where \<»u ^ar. t rr.ase j cntiCAl nidg rr.er.i it ^ -wj :arriui.ir s.iici Iwvin >» vou rung it u(»tde cown <e .-■w a: ;t .n me mirmr A.m the pianneo remodeung -"M Kveeunor vommumrv i enter into eiemmiarv scnuoi cLas&n»m> '-he au'iier w uj tuM> iLs home i/us summer A search i> under wav lor a new buiiding. atid neat m<xiih a show wul feature 'he wonu ol sfiioents in- s'dTM ’ors arvJ others who pa.rt m *r:e stvie »h Academic Im presiMufusm ’he stue <ii jrt laugnt in the aieiier •^e re gmng u» h.ive ’die largest snow ever heid oi Academic l-r.pressionism we ihinK in the I niied :^Latesi said U'.sueur Who traces ner training as an artist cuck aioc.g a masi«»r to pupil line that eveniuadv ieails u> ‘^'rervh p.nnier Jacuues l>jvn1 ITgLHCh There s c avocal music and rock n roil she said In our (.■uiture Doth are c»insidered vaiuao.e ’•Se re modem penr • wiin mouem ideas Hie stones I want 'a> Uik afjuut 1 .’eei c. .i nesi he expressed through realism (\tt}ler?'.iM*r3n Moriits or Academic /mpressionists ’ »ii) he held trvrr tn % pw *na .sundav Vav 1^17. on the third fionr at tlxcHsior Camrnu/vt\ L t»nier .Aomissiun ts trtf % .-irtrn ; •# r / r-r r I eUr Haninh *4 bsertuor hm b*m a uudr*M l« hvf «carv. M»e In Ltrrtwir from Ohio lo Uudv ai the w-hooi. iPtWo b* t mg* l-as«g» n n • V . .;. 0 r^-r ,•4 »• A •* * / Atelier I students tradition In the Ate a week. I* studio-Cl portrait p drawing < assignme ing, pers Graduate advanced instructor are giver necessar\ Atelier Le Sueur STUDIO SCHOOL OF ART IN THE TRADITION OF THE MASTERS Students i “sight-sizi natural si; are placed to observe vertical lir. Van Rijn . Atelier LeSueur is dedicated to giving students the l^t possible training in the art of representational drawing and painting. It is modeled after the studio schm^ls of nineteenth century France. The Atelier or studio system was developed during the se en- teenth century as a modification of the older apprenticeship system. It reached its ape.x in nineteenth century' France and has proven to be one of the most effective means ot leaching painters. In this system, students progress at their own rates through a series ot eVaduated e.xercises w hich develop their ability to render nature accurately. The student-instructor ratio is kept very small (twelve students per instructor). This enables the instructor to give optimum attention to each student and to tailor the instruction to meet the needs of the individual. It provides for maximum development ot individual creativity, ensuring that each student learns the methods necessary to paint successful pictures. ■mm m Cast Drawing Ron Arthaud, first year student Interit Stephi The instructors a the Atelier syste: French academic fact, they are pan in an unbroken cl tury French pai training the instr ability to see am similar to that o; claim such a hci At a time when tational painting last vital links i; •IW ming ils of scvcn- svstem. proven . In this eries of ' nature tudents 'timum *et the Ticnt of ms the s.- • t0 •i. ■ •• 9 H «*•* M 'Us > V) (v / Interior Stephen Gjertson. consultant for Atelier LeSueur The instructors at Atelier LeSueur are working artists, trained in the Atelier system. They have studied the methods of both the French academic painters and the American Impressionists. In fact, they are part of a remarkable lineage that can be traced back in an unbroken chain of masters and pupils to the eighteenth cen­ tury French painter, Jacques Louis David. Because of this training the instructors are able to transmit to their students the ability to see and understand nature with a sensitivity and skill similar to that of the great artists of the past. Few artists can claim such a heritage. At a time when most art schools no longer teach represen­ tational painting, Atelier LeSueur stands apart as one of the last vital links in this continuing tradition. Atelier studen traditi< In the a week studio portrai draw i I assigni ing, pc Gradu. advane instruc are gi neccss. Studen “sight- naturai are pla to obsc vertica Van Ri LcSueur trained in )f both the ionists. In raced back eenth cen ­ se of this udents the y and skill artists can represen- Dne of the Atelier LeSueur offers a full-time, four year program for students interested in the serious and intense studj of traditional drawing and painting. In the Atelier program, students work eight hours a day, live days a week. Half of the student ’s day is spent working in their own studio - cubicles w here they progress through cast, still-life, and portrait painting. The remaining halt day is spent in the lite class, drawing or painting from the human figure. Weekly lectures and assignments are given in composition, anatomy, memory draw - ing. perspective, and art history. Graduates of this program may continue their studies in the adv'anced Atelier program in which the ratio of students to instructor is more limited (four students per instructor). Students are gisen the opportunity to develop the additional skills necessary to do complex interiors and imaginative paintings. 9 W X ' J \ i f ; I wry IT’:) Students are taught to obtain accurate proportions by using the “sight-size ” method. When drawing still-life objects at their natural size, as in the example above, the still life and canvas are placed side by side. The student stands six to eight feet away to observe the measurements through the use of horizontal and vertical lines. This method was used by such artists as Rembrandt Van Rijn and John Singer Sargent. I Adult part-time courses arc offered to students with or without experience who would like to improve their draw­ ing and painting skills. Many of the school’s full-time students began in the part-time program. Others choose to maintain their part-time status, meldmg their art studies with career and family. The same skills taught in he full-time program can be learned in the part-time courses o\er a longer period. Pen and Ink study after Anhur Rackham Marc Johnson, first year student A part-time program for gifted young students is also offered. This program (ages four through eighteen) is designed to cultivate the special potential which many students seem to have at an early age. The young students are trained in pencil, watercolor, and pen and ink techniques . They are taught to develop their own imaginative paintings after the manner of England ’s great book illustrators of the 1880's through 1920 ’s. For more information concerning Atelier LeSueur write or call: Annette LeSueur Director of Atelier LeSueur 3565 Deephaven Avenue Wayzata, Minnesota 55391 (612) 475-1814 • Annette LeSueur received her an training from Richard Lack at Atelier Lack in Minneapolis, MN. Richard Lack was trained by R.H. Ives Gammell who in turn studied with William I^xton. William Paxton was trained by the nineteenth century French painter Jean-Leon Gerome. J.*\ 4 LINDA ANN COHEN £ /Cff7S^ Cof7Si/£tfng Fst/cfrofocfs t i=3 ■H- Home Address; 2402 Ocklond Rood Minnetonko, MN 55343 Phone; (612) 544-1617 EDUCATION Office Address: Butler Squore--Suite 529-0 100 North 6th St. Mlnneopolis, NN 55403 Phone. (612) 332-7621 Wellesley College - B.A. 1958; Honors in Chemistry Phi Beto Koppe (Junior Year) Siqmo Xi (for science achievement) Durante Scholar (for highest academic achievement) Woodrow Wilson Notional Fellowship Winner for graduate study at Harvard Harvard University - work toward a Masters 1958-59 n.A. 1960 History of Science Bush Summer Fellowship Winner, summer 1980 Complete Masters and seminar in organizational development at Harvard University of Minnesota - Pegan in 1963. Doctoral program in Educational Psychology--emphasis; group process, organizational development, family systems end learning styles M.A. Educational Psychology 1985 Ph.D. Educational Psychology 1986 (4.0 average) Division of Counseling Psychology: C5PP Licensed Psychologist - June 1966 Licensed Consulting Psychologist - June 1968 WORK: TCF Banking end Savings Consultant 1988-89 Henry High Partnership Project Private Practice of Psychology 1988-89 Blake Middle School Interim Director Assistant Director 1987 1977-88 Social Services Clinic Counselor/therapist (individual, couple, family ond group therapy) 1984-68 The Blake School Senior Administrative Team Member Professional ond Personal Growth Task Force Choir Philosophy-Objectives Com­ mittee Chair K-12 Computer Coordinator Curriculum/Goals Committee 1977-80 1986-87 1985 1981-83 1965 Bloke Middle School Mathematics teacher Head of Math Department 1974-77 1974-77 Highcroft country Day Moth ond Science teacher (junior high level)1973-74 Summit School-Sl. Paul Math teacher Head of Moth Deportment (junior ond senior high) 1959-62 1959-62 Harvard University Teaching Assistant 1959 (core curriculum, noturol science) VOLUNTEER WORK:Choir, Glen Loke County Home School Project Sponsored by Junior Leoge, University of Min- nesoto Center for Youth Reseorch ond Devel ­ opment end Hennepin County Court Services. Supervised placement, training, ond service of 55 volunteers in cottages ond school of the juvenile delinquency institution. Also worked os volunteer in boys' cottage ond in school math class (1968-70) 1969-70 FAMILY; HOBBIES: Teacher of Enrichment Course for Gifted Students Sunset Hil] Elementary School, Wayzata Spoke on panel-Minnesota Council for the Gifted 1972-73 Treasurer, Minneapolis Junior League 1972-74 Board Member (Education Chair, Public Affairs Chair) and National Conference Delegate, Junior League 1970-72 Board Member, Minneapolis Urban League 1971-73 Secretary, Board Mpls. Children ’s Hospital 1967-68 Participant monthly seminar- Center for Youth Research and Development, Univ. of Minnesota 1969-75 President, Mpls -St. Paul Wellesley Club 1964-66 Fyti ’--irricular Activities- Wellesley College Class Officer, Sophomore Year President, Junior Class Vice-president of College Government, Senior Year Husband; Henry W. Cohen, physician (Married 1959) Executive Health Program, Park-Nicollet Clinic Children; Laura, age 27 Andrew, age 25 Will, age 22 Tennis- ranked in top 10 NWTA, Women s 35 Singles (1981-00) Jogging- ran Grandma ’s marathon 1979 Knitting- to keep calm! t.E3Unt: OF PATRICIA ALLAR MAnC: r-ATRlCIA I..YN;'4 ALLAR DATE OF RIRTHs 7/14/53 ^!AR.TTAL STATUS: Married, Two Childr-'en ADDRESS: 5100 3t. Albans Bay Read ceIsior , |-1 55ool PUnUE:; A 70-05 78 ?E-UFESSIOH: TEllllIS TLACMIMC PRCFESSIOMAL EDUC AT I Gl i01. TAt: KGROUJ !0 : SOUTH!\)EST HIUH SCHOOL Minneapolis, Minnesota H.S. Graclaai.e • 1971 UHI VERS TTY DF- MINNESOTA Physical Education K-11% Child Psychology Emphasis Minnesota State Coaching Certificate Ei.A. Degree - Graduated December, 1975 UNITED STATES PROFESSIONAL TENNIS ASSOCIATION CERTIFICATION -• PROFESSIONAL 1 LEVEL MAY, 1980 WORK EXPERIENCE: OWtiER AND PRESIDENT Pat Altar's Tennis Services, Inc- Willistt5n Fitness and Racquet Club M :i. n n e t • j n ka, M i. n e s o t a 1991 HFAD TENNIS PROFEBSIOI'U^. Wi 11 i s ton F’ i tn (?ss an <1 Racq ue t C1 u l:> 1983-“ 1990 ASSISTANT TENNIS F'ROFESSIONAL WillLston Fitness an<J Racquet Club 1980-1982 HEAD TENNIS COACI-I St- Louis Park Nigh Scuol 1977“198'2 HEAT.) TRACK AND FIELD COACH St. Louis Park High School 1976-1981 ALLAR REISUME F'Aqe 2 AGSISTAN' CR05JS COIJMTRY SKIIHG AND CROSS COUNTRY ^^•UMlitNG COACH SI- l..oui« F:Ark High School 1 :>7- -I. . • / H 1 *:>*:• y:j F-AR APROFESSI iSNAl. Cc?ntrAl Jtini.or M.Lfjh School St. Louis P«»rF, i1 innosota 1976-1'?82 HEAD DASKLIBALl.. COACH yostwood Ji.*n lor H iqh Scliool St- Lou is Fai E:j, Ninnoso t.x 19 76 LU'IP-MEiRSITY OF milNFSOTA HOSPIIALS PcmJ i-Atrie Neurology Dopc'rtmen t Clerk T/pist 197A--1975 REFERENCESs UPON REQUESl r tjOD f%^rt W. Laird Assistant Dean The Graduate School Brigham >(bung University August 26, 1976 Annette LeSueur Hathaway 3853 Grand Ave South Minneapolis, Minnesota 55409 Dear Mrs. Hathaway: On your request this letter is furnished as evidence that you have completed all requirements for the Master of Fine Arts De­ gree, with a major in Painting and Sculpture in the Department of Art and Design, and a minor in Design, at Brigham Young Univer> sity. Your diploma was awarded during Summer Commencement, 13 August 1976. Sincerely, P obert W. Laird Assistant Dean RWL:bk B-336 ASB, Brigham Young University Provo, Utah 84602 (801) 374-1211, Extension 4091 Artist's Biography in tr ^ (P!) f'*. n LeSueux Associates Name Bom Shidr STEPHEN GJERTSON May 21, 1949 ATEUER LACK. Minreapolts, MN.. 1971-75; SCHOOL OF ASSOCIATED ARTS, St. Paul, MN., 1970-71 LTNTVERSITY OF MINNESOTA, 1967-70. Work in Public Faimers National Bank, St Paul, MN.; Collections College of St Benedict. St. Joseph, MN.; United Church of Chnst, Sandstone, MN. Commissions Exhibitions Teaching Positions Awards Tnpt}‘ch. Nokomis Heights Lutheran Church, Minneapolis, MN. The AcJLlifvx Dnbfue, The Minr.ea|X)Iis Insntute of Arts, 199<0-91, Tke Anr.uzl ASCR fj/1 Su.’on, Gabberts Art Gallery, Edina, MN, 19SS, 19S9 k 1990; Classical Realism - A Tradition Continues, The Red Wing Arts Center, 1990; Classical Realism - VVanics jr. Paper. Speedboat Gallery, St. Paul, MN, 1989; Freedom's Light. Carlson Center, Minnetonka, .MN 1939, The Boston School: A Tradition Continues, Ruthven Gallery, Lancaster, CH., 19S3; Sixty-Fourth April Salon. Spnngyille .Museum of Art, Spnngville, UT, 1988; Sixty-Thi’’d April Salon, Spnngville .Museum of Art, Spnngv ’ille, UT, 1987; The Atelier Tradition. Cabberts Art Gallery, Edina, MN, 1986; Realism m Rr.’olutio\. Hentage Art Galle^, Alexandria, VA., 1986; Tke Atelier Tradit'jn, Paul Whitney Larson Galleiy, St. Paul Campus, Univ ’crsitv of Minnesou, 1985; The Atelier Tradition, Paintings, Prints & Drxjjings of Minnesota's Premier Realists, The Master Framers Gallery, St. Paul, MN., 1984; The Boston '^ainters: America's Premier Realists, Andrew Art Gallery, Addison, DC., 1983; Tke Painters of Light, Bayne Yancy Gallenes, Dallas, TX., 1983; Classical Real sm - The Other Twentieth Century, Springville Museum of Art, Spnngville, UT., Amarillo Art Center, Amarillo, TX, Maryhill Museum of Art, Goldendale, WA., 1982-83; Third Guild Iniitational, Minnetonka Center of Arts ix Education, 1980; fury Show for Minnesota Artists, Minnetonka Center of Arts, 1978; Solo Show, Mirm ttonka Art Center, 1977; Second Guild Invi.ational, Minneapolis, MN. 1977; First Annual Guile Invitational, Minneapolis, MN., 1976. ATELIER LeSL^LR, Present ATELIER NORTH, 1985 - Present ATELIER LACK, Minneapolis, MN., 1973-88; MEvNETO.NKA CENTER OF ARTS k EDUCATION, .MN., 1975-79; MINNESOTA MUSEUM OF ART SCHOOL, St. Paul, MN., 1973-74. Three Grants: The Elizabeth T. Greenshields Memorial Foundation, Montreal, Canada; Director's Awards and C=ssh Award, National April Salons, Springville Museum. LeSurai Associates, Artisrs Bio§raphy Stephen Cjertson Blhliofuraphy Publicatioits Tainting Classical StiD Lifes" by Kurt Anderson, The Artists Magazine, 1990; "The Academ ic Dialogue by Jim Billings, Arp, 1990; "The Academic Dialogue" by Tim Iverson, Ezh Cat., 1990, "Postmodern Painting", The Utne Rezier, July/August, 1989, "Ajnencan References: A Survey of Leading Contemporanes", iVTw's Wno in American Art; « i "An Inter%-iew with Stephen Cjertson" by Kurt Anderson, Classuuil Realism Quarterly, Fall 19SS; »• i./- ico-i Sixty-Fourth Nanorai April Salon, Springville MuKum of Art, ExhCat , 1983; Sixty-Third Apnl Salon, Spnngville Museum of Art, Exh. Cat., 198/; Stephen Cjertson, Creating a Joyous Beaut\-" by Carole Katchen, Painting faces 6^ Figures. Watson Cuptill, 1986; e "Church Painting Unveiled by Doug Trouten, Tmn Cities Christian, Sept. 1986; "Classic Artist Puts Beliefs on Canvas" by John Camp, St. Paul Pioneer Press. November 4, 1984, "Stephen Cjertson" by .■\nnette Hathaway, A.mer-.can Artist, October 1983, "I Like the Stuff this Artist if Produang' by Dave Wood, Grit, Sept., 1983; "You Just Don t Dash Otf a Work of Classical Realism Overnight" by Dave Wood, Minneapolis Start 6r Tribune. July 30, 1933; Classical REalism; The Other Twentieth Gentry, Exh. Cat, 1932-83; "Is It Radical to Paint Like Rembrandt?" by Carol Pine, Ixin Cities July 1983; The Boston Painters - .Amenca's Premier Realists, Exh.Cat., 1983. "Perception and Beautv", American Arts Quarterly, Winter 1990; 'Truth to Nature ", American Arts Quarterly, Fall 1989; "The Foundation of Harmony", American Arts Quarterly, Summer 1989; "Art and the Sacred", American Arts Quarterly, Spring 1989; "The Necessity of Excellence", Realism in Revolution, Taylor Publishing, 1985; "Frontiers of Enchantment - The Outdoor Studies of William R. Leigh", Classical Realism Quarterly, January 1991; "In Response to the Man with the Camera", Classical Realism Quarterly, Jan. 1991; "Hippolyte Handnn - A Personal Appreciation", Classical Realism Quarterly, Spring 1987; "Cerome" (book review). Classical Realism Quarterly, Spring 1987; Associate Editor, Classical Realism Quarterly, author: ’The Noblest Art", Classical Realism Quarterly, Fall, 1985. Prints WINTER TABLE, limited edition; PEACE, BE STILL, open edition; MARANATHA!, limited edition. CARNA'nONS AND FRUIT, limited edition; THE RECORDER LESSON, limited ediHon; Media Oil, Pencil, Chalk. Address 3855 Colfax Avenue North, Minneapolis, MN 55412. Artist's Biography LeSueux Associates Name Bom Study Exhibitions Media Address STEVEN J. LEVIN May 3, 1964 ATELIER LeSUEUR, Excelsior, MN, 1983-89; MINNEAPOLIS COLLEGE OF ART &. DESIGN, Minneapolis, MN, 1982-83. American Artists Professional League, New York, NY, 1991; Solo, Meadow Creek Gallery, Edina, MN, 1991; New Mexico Art Leaque, 20th\nnual, Juan Tabo, NM, 1991; The Academic Dialogue, Minneapolis Institute of Arts, 1990, 1991; The Annual ASCR Fall Salon, Gabberts Art Gallery, Edina, MN, 1989, 1990; Classical Realism - A Tradition Continues, Red Wing Art Center, Red Wing, MN, 1990. Classical Realism - Works on Paper, Speedboat Gallery, St. Paul, MN, 1939; Freedom's Light, Carlson Center, Minnetonka, MN, 1989. Teaching ATELIER LeSUEUR, Excelsior, MN, 1988-Present. Positions Awards Second Pri2e, Masters Division, New Mexico Art League, 1991 Oil 400 Saratoga Lane, Plymouth, MN 55441.t Artist's Biography leS&»r Associates Name MICHAEL F. COYLE Bom May 25, 1951 Study ATELIER LACK , Advanced Program, Minneapolis, MN, 19S6-87; ATELIER LACK, Minneapolis, MN, 1980-84; MINNEAPOLIS COLLEGE OF ART & DESIGN, Minneapolis, NIN, 1971-72 Exhibitions The Annual ASCR Fall Salon, Gabberts Art Gallery, Edina, MN, 1988- 89-90; Classical Realism - Works on Paver, Speedboat Gallery, St. Paul, MN, 1989; Freedom's Light, Carlson Center, Minnetonka, MN, 1989; The Boston School-A Tradition Continues, Ruthven Gallery, Lancaster, OH, 1988; The Atelier Tradition, Gabberts Art Gallery, Edina, MN, 1986; The Atelier Tradition, Paul Whitney Larson Gallery, St. Paul Campus, University of Minnesota, 1986. Honeywell Exhibition, Honeywell Gallery, Minneapolis, MN, 1985. Teaching Positions ATELIER LACK, Evening Program, 1986-91; UNIVERSITY OF MIN^NESOTA, St. Paul, MN, 1985; ATELIER LeSUEUR, Excelsior, Minnesota, 1985-Present; ATELIER NORTH, Summer Landscape Program, Two Harbors, MN, 1987-Present. Media Oil, Penal, Chalk, Pastel Address 1301 Highway 7 # 24, Hopkins, MN, 44343. Biography LeSorox Associates Nime RICHARD F. LACK Bom March 26. 1928 Study R H. IVES GAMMELL STUDIO, Boston. MA; MINNEAPOLIS SCHOOL OF ART. Minneapolis, MN. Work in Public Maryhill Museum of Art, Maryhills, WA, Newark Museum of Art, Newark. NJ; Collections Greenshields Collection, Montreal, Canada; Minnesota Historical Sodety, St. Paul, Commissions Exhibitions Governor Albert Quie, St. Paul, MN; Senator Wendall Anderson, Minneapolis. MN; Joseph P Kennedy Jr., Hyannisport, MA, Lady Diara Wilmot, London, England. The The Minneapolis Insatute of Arts, 1990-91; The Akkuu I ASCR Fall Salon. Gabberts Art Gallery/, Edina, NfN, 1933, 15S5 k 1990; Clissical Realism - A Tradition Continues, The Red Wing Art Center, 1990, Classical Realism - Worts on Parer , Speedboat Gallery, St. Paul, MN, 1989; Freedom s Light. Carlson Center, Minnetonka. MN, 1989; Solo Retrospective, Marvhill Museum of Art, Goldendale, WA, 1958; The Boston School. A Tradition Continues. Ruthven Gallery, Lancaster, OH, 1958, Sixty Fourth A.pnl Salon. SpnngMlle .Museum of Art, Sprhgville, LT, 1953; Sixty Third April Salon. Spnngvilie Museum of .Art, Spnngyille, LT, 19Sr; The Atelier Tradition, Gabberts Art Gallery, Edina, MN, 1986; Realism in Rroolutxon, Hentage Art Galleiy, Alexandria, VA, 1986; The Atelier Traditon. Paul Whimey Larson Ga'Iery, St. Paul Campus, Uru\-ersitv of Minnesota, 1936, The Atelier Tradition, Paul V\"hitney Larson Gallery, St. Paul Campus, Uruversirv of Minnesota, 1985; The Atelier Tradition: Paintings, Prints & Drawings of Minnesota's Premier Realists, The Master Framers Gallery, St. Paul, MN, 1984; The Boston Painters. America's Premier Realists, Aiidrew Art Gallery, Addison TX 1983; The Painters of Light, Bavne Yancy Gallenc i, Dallas, TX, 1983; Classical Realism - The Other Twentieth Century, Springville Museum of Art, Spnngv-.lle, UT.; Amanllo Art Center, Amarillo, TX.; Marvhil Museum of Art! Goldendale, WA, 1982-83; Third Guild Invitational, Minnetonka Center of Arts and Education, 1980; Jury Show for Minnesota Artists, Minnetonka Center of Arts, 1978; Solo Show, Minnetonka Art Center, 1977; Second Guild Invitational. Minneapolis, MN, 1977; First Annual Guild Invitational, Minneapolis, MN, 1976; Solo. Sandusky Art Center, Sandusky, OH, 1976;' Solo, Brigham Young University, Provo, Ut, 1975; Soto, College of St. Thomas, St.'Paul. MN, 1975; Soto, Lafayette Qub, Minnetonka Beach, Minnetonka, MN, 1974; Soto, St. Louis Park Medical Center, St. Louis Park, MN, 1973; Solo, Ogunquit Art Center, Ogunquit, ME, 1971; Solo, Oshkosh Museum of Fine Art, Oshkos, WI, 1968; Solo, Concord Art Associabon, Concord, mA, 1976; Soto, Maryhill Museum of Art, Maryhill, WA, 1963-66. Artist's Biography, LcSueur Associates RICHARD LACK Teaching Positions Awards Bibliography Publications Prints Media Address ATELIER LACK, Founder, 1969-present VESPER GEORGE SCHOOL OF ART, Boston. MA Three Scholarships from the Eii^aheth 7. Greenshields Memortal Foundation; John F. and Anna Lee Sucey Scholarslvp Grant; Gold Medal, American Arbsts Professional League, 196^; Dole Memonal Pnre, Best Portrait, 1970-71, Honorable mention. North Short Artists Association, 1957; Copley Society First I^re Jurors Awards, 1960; Fir^ Pnre, Ogunquit Art Center, 1957; Medal. Jordan Marsh, Boston, MA.. 1956. "An Interview with Richard Lack", by Kurt Anderson, Classical Rmlism Quarterly, Winter, 1939. "Atelier Lack: Heirs to Michaelangelo", by David Matheny.MmnmpoIis Star tj Tribune, April, 1989; "Is it Radical to Paint like Rembrandt?'*, by Carol Pine, Tunn Cities Magazine, July, 1983; "Artists Taught Realism in Studio School Atmosphere", by Gareth Hiebert, St. Paul Pioneer Press, September, 1976; "Richard Lack's Atelier System of Training Painters", by Don Jardine, American Artist Magazine, June, 1971. On the Training of Painters with Notes on the Atelier Program, Author/Publisher; Realism in Rrooluiion, Author/Editor; Classical Realism Quarterly, Founder, Author/Editor of numerous articles. Posters, open edition; Sailboats - Puerto Vallarta, Heritage Gallery, Alexandria, VA. Return of Ulysses, Trammel Crow Companies, Minneapolis, MN Oil, Pastel, Etching. 5827 Louis Avenue, Minnetonka, MN, 55345. Bonestroo Rosene AfxJerlik& Associates Engineers A ArcNtects April 4, 1994 CmeG •UKJ—■ i*C W townc C AndP-ii « L ^ f ^ Qitf« t Caeii P€ t^ohm C Nom ^ G n M ftiVlM C PA PI A Qamn Pf f PMiV Pf W fSoMT. Pf OMO L0HM Pf ■N^t C IMKA A I A jpwy A taiAev^. Pf McnffiT Pf %ig K PM Pf C TtMMf P Pf vm 0 vMi.Pf j PyAf Pf M«t • Jtr^wn. Pf ApWi M AlC p 1 mmornmm Pf W Pf Mkpm C MPicA Pf Gary O MM Pf iaM t «HM Pf f MMir Pf Pf UPVMP A tMm Pf On 0m J traePf Mart ■ Mi Pf GraUfliRi 1 Mw« A M pf CfcAoOMr Pf Gary W MMpp Pf Ora* i C<i|g»iaA Pf MM PtwcMiy AM let MM. Pf Nrar M OM Mp J C«Mil Pf iamet f f^PMl Ms. Jeanne A. Mabusth, Building and Zoning Administrafor City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Arts Center File No. 139-1923 £>ear Jeanne, Q^PR' S 1994 fo- We have rcvie^v'cd the surv'cy prepared for the Arts Center of Minnesota by McCombs Frank Roos Associates, Inc. The property is located at the Northwest corner of Briar Street and North Shore Drive (County Road No. 51). We have several comments in regards to engineering matters. The entire parking lot as well as the adjacent streets must be delineated on the survey. Due to the intensified use proposed for the building, we recommend that the gravel parking lot be paved. The parking should be confined on the property by a median, as shown on the attached sketch. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. I)^Ujurrt Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 'V 1----1 1^ ^11"V 1 |___. — ----------—1 O O r> ^ 1 ■““ 'P-'-—— —1 <£> •• ^ 1 1 1----—C J 1 ^ 1^ “I 1----'J 1•>s 1; ' U .....t 1N 1 lz :'A.•f; 1 hv. I I K56.00 CrMAV» AKK.*> ,, . I I i-j ji I I (.•V**- rfj ^ 1171 PROO^ OP PAI?telNlg>-v •••W Nj u ♦ w. ^rwe: »S.^i £XI^Tiiu4 CiMjnr • ' r V. I C»MC- / «K/4TMU4 / z- %r^ O ,-------^ ^ I------- ^ k T • j t;v^ ^ % “ "lOB Jt, _ J / ----N90*00'00"W 175.00--- (CO. RD.S^n O0C- A/0^^SOZ99i /• Mttrm. ^ • dorncr !>ec.. R.X3 t ' if 'i-M - vv* II t ■< ■ •* t'. t,\ ' /r, «-i II I. -'* • rr.r^ i A PJ5S0L0TI0H KT'fnovZHG A AWD BOUNDS SUBDIVISION OF A U)T LIK* REAWUViNCRMCNT FOR PROPERTIES IiOCATSD AT 2180/2240 NORTH SRCRE DRIVE FII^ NO. 1397 _ . . NEBREAS, tBe City cf Orono it M nunicipal corporation organ-*#^ and existing under the laws cf the State of Minnesotaj WRBrbas, the City Council has considered ^hm » -c*- lin* r..arrangenent by the properties legally described as follows: ■uDcivioer ) o. Exhibit A, attached (hereinafter 'the property’); and of the Cl”"« a «,t.a and''‘boin5V .«?^i^V^ion^ rearrange.ent for dlvlalcn and combination purpc-TesV of the “* *’■ **SO*-VEO. that the City Council diviSio^ f approve, th. mat., and boundi Klnnl.«r. C rearrangement for the Art Center of on the Certificate of Survey wV Paul A • ^ Frank, Root Associatss, Inc. revissd Msv 23* c^ditlonlf^*^^*** resolution, subject to the foUo^wlng aubdivision by the City Council, ahall apply to the City for the legal d^Srilbid 4«®/k ^**k'’“*’P°*®* following propertles^as/ i above referenced survey of the metes and bound, division of the lot line rearrangement: Parcel A to be combined with Parcel B Parcel C to be combined with Parcel D Page 1 of 3 ft ’ ’■ ' : t I ^ 1 I , ?. *^v . * . ► •V. h-w * %•• 0 ♦ » % *# % * j’/. .ik/ *i u m A*kLy - ,v-*! m mm ? 4%<.f . .-i e^ K J/m ■m •vr> J, ^• • . •»'». / Vf V> •■•,;-V:VS . —-1 ■***^ ?*4 “tS A * - ?S£- v'^*. / > > «* .rf :• ^ '* •-/Ifey: ►V''. » * ^ , '*e ■ ' •*•*■?;* . /r . * i^- •■ ' ■ vvc--?r -' i ’ %• ' V . '• City of OROrVO RESOLUTION 0« THE CITY COUNCIL i NO.5 •..# i ^_ ■''. 't-v'.. ' ' r^>%: > i |,y ^■^1s 2. Prior to tho i«soanc« of the Ccr ;.lf icatiB of Occupancy for the conversion of the existing school struccure to a single family residence on combined Parcels A and B, the property must be connected to runicipal sewer, 3. All new construction or the newly created parcels must meet the setback standards of the RR-IB zoning distiict and all other p>ertinent sections of the Orono Zoning Tode. 4. Parking for the Art Center on combined Parcels C and D are hereby approved as amended on the official site plan approved by the City Council with this subdivision application and that based on staff’s amendment to the plan# the total number of stalls approved and provided with thin review remain at (2 stalls. $• Subdivider shall execute a Developer’s Agreement to ensure that the parking expansion, screening/fencing# and re-adjustment of exterior lighting is co*^pleted by September 1# 1989. Subdivider shall provide an acceptable form of security to the City in the amount of $5,000.00 to be in effect through November 15, 1989. 6. The subdivider shall provide the City with ar. executed road and utility easement to le granted to the Hennepin County Departs*ent of Transportation. 7. The aforesaid division ac shown the attached Certificate of Survey shall be filed by the City of Orono with the Hennepin County Recorder’s office and Registrar of Titles office on or before December 12, 1989 together with a certified original copy of this resolution covenants and eas*'^m^^* s required by approval. this and other subdivision The approval granted by this Resolution shall expired if the division has not been filed by the date specified ^bove. In that event# it will be necessary to file a new application with the City of Orono for subdivision review. •^1 Y y' • • r Page ? of 3 ! .» 1^'I •. « » I ^ >1 f*-^ ^ %m • P ^ I V.*^;' ^ V'd vi'rw jS* K 12th t.y "°/un:f ??,;-r* '‘‘■>' = ■’• «-'>•»«•-•. thi. r i *•ft i ::orothy^; Kuilin, City Clexn Janes R. Crarscic, .rayor STATE OP KIVKESOTA ) ) ss. COUNTY CP HSPKEPIN* )• % thi* ^2th?a*v o77,f^^r’ ''*• acknowledged before me onMave/i i. ?' w«mes R. Crabek » Dorothy M. Hallln, corDora«'^o7*^^*«^<7 4^^* City of Crono, a Minnesota municipal '—‘f - ;t« J: City. ^ instrument was executed on behalf of thi'-V-t''>'.'S . ' / / ' ■ ' ' /v •:: t -• • rv%■,,.. . ..-Lf/fn fa ■:":* Notary Public Y,%.'i iWitiiK scnnaw ; r* .. A, ^ ^ • - — . ___________ *1 ■ - 4 “-!»«.(*•« U»*«* - SHSmaO** •V* ’ H|NN|>IK COUNlf as* ••p>*e«4*f*f I Ky Contnission Expires •i -f-I »•■ i -e Page 3 of 3 f*‘: •5T * • r ffMt tpf* •» • Alf \ tC\ Wk> ht - Im 1 wwM II I* n I filllrUif;'m I I I I I ■*i s 1 'i 1! 1 {hs l-H (irh! i f 1 i!II i»U o if % S jim i!! I;il II ihlls i t 1•9 S 5 * 7 ;• - 5 !| il r? l-e^ tfHii ^11■ I-h nn !fhi i|1^ Il i; fr I I 3 « f i I 5 ? § i a I ? I r «« p r 9 S 9 t B s il % I I Iff? liU « < « ti E n » II 'I II 1 limn i I; Tb:Mayor Grabek t Orono Council Menbars Planning Coramiasion Chairman Kelley Orono Planning COTunission Members City Administrator Bernhardson •fVv Jeanne A. Mabusthr Building t Zoning Adninistretor Dates Subject: January 0» 1990 ♦1487 Harty Schneider/Art Center of Minnesota, 2180 North Shore Drive - Conditional Use Permit Public Hearing Pertinent Ordinance - Section 10.28, Subdivision 3 (A) - The Art Center of Minnesota and Marty Schneider, the new owner of the property, have applied for a conditional use permit for the continued use of the structure and property for school use. The City approved a lot line rearrangwnent of the original Art Center properties on the 12th of June, 1989. The subject property consists of 25,440 square feet or .583 acres. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Application Property Owners List Plat Map Resolution #2639 Survey of Existing Use Survey of Proposed Improvements when Single Family Residential Use is Installed on Property Bevicw of Current ^>plication ** Both Mr. Schneider and the Art Center have applied to the City for a conditional use permit for the continued instructional/school use of the facility and grounds. No additional improvements or changes are proposed with this request. Staff has reviewed the previous lot line rearrangement application, the following issues must be resolved with the review of this current proposal: 1. Sewer connection. A condition of approval of the lot line rearrangement was that the single family structure would have to be connected to sewer. It would be staff's recommendation that the existing school structure also be connected to sewer. Originally, the school structure was assessed 2 units for institutional use and such assessments have been paid. The future usage rates shall be based on the institutional use. Zoning File #1487 January 8» 1990 Page 2 of 2 2. Status of current developer’s agreement and security. A condition of the lot line rearrangement also included the execution of a developer's agreeiaent and supportive security to assure that the i*proves»nts required for single family residential use of the property were installed. If a conditional use permit is granted, approval must provide notice to both the Art Center and Mr. Schneider, the current owner, and any future owner that prior to the City issuing a building permit for single family use of the property, the Art Center must re-execute a developer's agreement and submit appropriate security to insure the required site improvements originally established in the review of application #1397 are installed. Options of Action - ^ ^ ■,1. Denial. If Planning Comnlssion denies the conditional use permit, please refer to Section 10.09, Subdivision 6 (A). 2. Approval. If approved. Planning Commission may wish to consider one or more of the following findings: A) The structure has existed on the property without negative impact on the surrounding adjacent residential neighborhood. B) No other changes are proposed on the site or within the structure as a result of this new request. C) The use is consistent with the intent of the Zoning Code and Orono Comprehensive Plan. Approval should be subject to the following conditions: 1, The school structure must be connected to municipal sewer by March 15, 1990. 2. Prior to the City issuing a building permit for the renovation to single family residential use of the structure, the Art Center of Minnesota must submit a newly executed developer's agreement and post an acceptable security to the City to ensure the required improvements established in the review of Application #1397 are installed. At the time of the conversion, if the Art Center no longer holds any Interest in the adjacent property, the current owner of 2180 North Shore Drive will be responsible for site improvements. Mr. Schneider may be best advised to work out a separate agreement with the Art Center to safe-guard his interest in this matter. At any rate, it must be made clear to both parties that if single family use is to be installed, that either one or the other will be held responsible for the installation of the improvements by the City of Orono. fOmilG PILE BO. 1497 CITY OP OROBO HOTICl OP PLABBIBG COBBISSIOH ACTIOH Cry’stal^fity, «N 55323 473-7357 Date of ^otice^^ 1/29/90^ TOr’K«trschneId« COPIES TO: Art Center of m 1235 Hunter Drive 2240 North Shore Drive Wayzata, MN 55391 Wayzata, MN 55391 ^ Attn: Director TYPE OP APPLICATIOB: Conditional Use Pernit _____ DATE OP HEBTIBG: 1/16/90 VOTE: 5 For 0 Against Planning Conisslon recomends the follotring: Tabled for reasons noted below BOTES ABD SPECIAL COBDITIOHS: 1. Provide City with adequate time to seek opinion from City Attorney concerning ability to condition approval of a conditional use permit for 3 specific duration of tiwee As discussed during the weetingi possibly a 2 year period or related more to a specific period of time that you lease the property to the Art Center for the school use. 2. Sewer hookup by the amended date of June 15» 1990 (Hill School structure). 3. An authorized representative of the Art Center of Minnesota be present at the Planning Commission meeting. It was the general consensus of the Planning Commission that provided the Hill School structure is hooked up to the sewer and that there is an acceptable guarantee of required improvements being made should the Art Center cease to exist or if school use of the Hill School J'*® discontinued, that they could recommend approval of the proposed conditional use permit. It would be beneficial for bot*- Mr. Schneider and the Art Center to sit down with the City to work out an acceptable agreement that would deal with the above noted concerns prior to scheduling the for review by the Planning Commission. The City Attorney will be asked for nis opinion concerning the limitations upon the conditional use permit as noted above the week of January 29, 1990. Please contact Jeanne Mabusth, 473-7357, at the City offices if you have any questions concerning the matters discussed above. MISDTBS OP THE FUamiHG COMMISSIOli MEBTIMG JAMOART 16, 1990 0 ZOVING PILE 91484-STASIS COHTIIV duly noted. • I Mabutth said that the Planning Coonission had previously reviewed and approved this property for a hardcover and average lakeshore setback variance to construct an addition. Kelley asked at what point the City requires that the house be pulled back to conform with the average lakeshore setback? Mr. Stasik said that the house has been there for years and the existing foundation is bowing in. He is attempting to raise the house and put in a new foundation. Mr. Stasik said if his application is denied, he won't purchase the property and it will continue to sit empty. Mr. Stasik said that the house doesn t meet the average setback because the neighboring property is located in such a way it brings the average lakeshore setback further back. There were no coirments from the public regarding this matter and the public hearing was closed. Hanson said that he has questions whether the structure is a viable structure at this point? Cohen said that question is not before the Planning Commission. Mr. Stasik noted that Kim Whitney received approval allowing her to add onto the property. He said that it would seem inconsistent to not allow his variance request since it is the scune request. It was moved by Cohen, seconded by Moos, to recommend approval of the hardcover and average lakeshore setback variances because the Planning Commission has approved the variances once before and that the applicant has sufficiently stated the other hardships. Motion, Ayes-5, Nays-O, Motion passed. #1487 MARTIN SCBMBIDBR 2180 NORTH SHORE DRIVE CONDITIONAL USB PERMIT PUBLIC HEARING 9:38 P.M. TO 10:15 P.M. Mr. Schneider was present for this public hearing. The Affidavit of Publication and Certificate of Mailing were duly noted. Mabusth explained the purpose of this application for a Conditional Use Permit to continue the school use of this property. Kelley asked Mr. Schneider why he had changed his mind. Mr. Schneider said that when he proposed his duplex use at msoTK or TBI fiMiiHG conassioH ITIHG JAmUUlT 16, 1990 D XOHIBC PILE 91487-SCBHBlOBS COMTIHOBD the Planning Connisaion Heating back in March, there was considerable public outcry. He said that ho decided to keep the structure available to the public. Kelley said that Mr. Schneider entered into a Oevelcpers Agreenent as a result of the approval for single faaily use. The Developers Agreement sets forth several things that were to be done to the property. Mabusth clarified that it was the responsibility of the Art Center to perform those changes and provide appropriate security to assure those changes are made. Kelley asked if those changes had been done? Mabusth replied that they have not. Kelley said that it seemed that the Planning Commission was being manipulated. Mr. Schneider replied that it was not his intention to manipulate anyone. He said that when time came to close on the property, it was discovered that the Art Center did not have a saleable piece of property. It was at that time that the Art Center submitted an application for a lot line rearrangement. Schneider said that it was his understanding that once the property changed ownership, the conditional use granted to that property was no longer in effect. Mr. Schneider said, "If i had my druthers, quite honestly, I'd like to see that as a two unit structure." Kelley asked Mr. Schneider if that was his intent for buying the property? Mr. Schneider replied that was his intent and tha'* was why he came before the Planning Commission. Mr. Schneider said that he does own the building. He said that there was no intention to get out of doing the improvements required in the Developers Mr. Schneider said that he has been cooperative in step of the various applications involving this property. Mabusth said that the Art Center should have a representative present, as they are the entity asking for the conditional use. Mr. Hanson indicated that he was thoroughly confused. Mabusth and Schneider briefly explained the various applications that had been submitted and reviewed for this property to date. Mabusth added that the City still had the $5,000.00 letter of credit received from the Art Center. She asked Mr. Schneider about the length of his lease with the Art Center. Mr. Schneider said that he had a two year lease with the Art MIMUTES OP THE PUimilK: COHMISSICEI KKETIHG JAHDART IS* 1990 0 tOaiBG PILE #1487-S Center. JDER C&STJmm Kelley asked i£ the letter of credit would continue? Mabusth replied t:.st the City hae the ability to request an extension of the letter of credit. Kelley asked whether the City would do that? Mabusth responded that the Art Center feels that the Developers Agreement will no longer be in effect and they wish the City to return the letter of credit. Mr. Schneider said that Mabusth Is suggesting that he provide a letter of credit contlnuining the spirit of the agreement entered into with the Art Center. Mr. Schneider said that he in turn would enter into a personal agreement with the Art Center, but he would provide the guarantee to the City that the improvements would be done. Schneider indicated that he would have no problem in meeting the requirements asked for in the Developers Agreement. Kelley asked Mabusth to identify the specific conditions of the subdivision approval. Mabusth said that all of the gravel parking area to the rear would be removed and a new parking area would be installed in the northern portion of the Art Center property. Mabusth said that a privacy fence was to be installed and some landscaping was to be done. Har'^on asked about the tennis court. Mabusth replied that the tennis court is to remain in the domain of the Art Center. Brown asked about the sewer hookup. Mabusth said that the sale of the Hill School was to pay for the sewer assessments that the City had assessed. Mabusth said all that is remaining is for the structure to be connected to sewer. Mabusth said the only issues left to be resolved are the existing Developers Agreement, the letter of credit and making sure that if the Art Center ceases to exist, the required improvements are made. Mabusth said that Mr. Schneider has offered a solution in that he has agreed to provide a letter of credit and would execute the Developers Agreement. Kelley suggested that once the conditional use permit expires it would trigger the requirements of the Developers Agreement. Kelley also suggested that the length of the conditional use permit coincide with the length of Mr. Schneider's lease. MivuTBS OF CT FumimR; coMUSsioa Etno JMIAR? 1€» 199Q 0 ZOMIMG FILE #14S7-SCH«1IDKR COBTIW- Mabusth said conditional use pernits usually are not trritten in that Banner# but could be. Schneider said that he would prefer to have the conditional perait run as long as the Art Center leases the property. Mabusth suggested reviewing the property every two years, Cohen suggested tabling this ssatter until the next neeting) to provide the opportunity to ascertain any liaitations or options the City may have. There were no comaents from the public regarding this matter and the public hearing was continued. It was moved by Cohen, seconded by Hanson, to table this matter until the February 20, 1990 meeting. It was the general concensus of the Planning Commission that provided the structure was hooked up to sewer, and there is a guarantee of the improvements being made should the Art Center cease to exist they would recommend approval. Schneider said that after speaking to an excavator, he was informed that a sewer hookup would not be possible until later. Hanson suggested June 15, 1990. Mabusth asked that a representative of the Art Center be present at the next meeting. Motion, Ayes“5, Nays~0, Motion passed. #1485 K-F PROPERTIES, IRC. 340/350 HORTH ARM LAME SKETCH FLAM REVIEM ^ ^ ,Mabusth explained that this is a proposed lot line rearrangement of Lots 1 and 2 of the North Arms Estate, 2nd Addition. Mabusth said that lot width variances were approved with the subdivision of this property and the developers are now asking the Planning Commission to approve an additional lot width variance of 70'. Mabusth said that the purpose of this subdivision is to provide additional septic area for Lot 1. Mabusth said that if the City asks for 17' of right-of-way from this property that the right-of-way would encroach into the drainfield area. Brown and Hanson indicated that there seemed to be sufficient hardship to warrant approval of the lot width variance. Kelley said that he had some reservation. Mr. Don Peterson, one of the developers, clarified that he had no agreement with Mr. Olson, owner of 4590 North Arm Drive, at this time. He said that Mr. Olson is not interested in subdividing and therefore is unwilling to grant 17' of his property for the City right-of-way. Mr. Peterson said that the two lots involved with this lot line rearrangement are very desireable, 4 to 5 acre lots which were created by a subdivision. Mr. Peterson said that he owns Lot 2 and has a purchase agreement for Lot 1 contingent on approval of the lot line Mr. Peterson said if the City takes the additional 17' of right- Temlnat Ion of Lease Septetiber il,l990* Ji/i, &«: Termination of lease dated August ISth 1989 between Martin i. Schnei'der and Andrea E. Schneider ^LESSORS* and The Arc Center of Hinnesoca (currently known as Che HinneConka Center for Che Arts) -TENANT-. Address of leased property: 2180 N.Shore Drive, Orono, MN (Hill School/Center East). The above referenced lease shall be effectively terminated between the above listed lessors and tenant subject to the following terms and conditions being fulfilled. - - - - - - - - - - - - . - m _ - 1) The Ninneto payments as September I October 1 Hovember I 2) The Minnetonka Center for Che Arts shall assign or otherwise release, convey, or pay the lessors-SCHNEIDER- the $S,0U0.00 performance bond which Is at present being held by ch City of Orono. SCHNEIDER will, following assignment of this bond, agree to perform the terms of the developers agreement between The Art Center of Minnesota and the City of Orono with respect to the above property relating to subdivision. 3) Tlie Minnetonka Center for the Arts’ undersigned representatives verify that Che MCA board of direccors is aware and in agreemenc with this document. 4) The lifelong tennis court lease between Schneider and The Minnetonka Center for the Arcs as stipulated in original purhase agreement remains in force. 5) No ocher provisions or sClpulacioits or side—agreements have been made to terminate Che above reference lease. In ocher words, the above conditions must be net. 1/iNprder to terminate the lease. Martin B. Schneider Lessor Ann Larsen Executive director Minnetonka Center for Che Arts Tenant Bkirbara M^Harn^v CfBarbara McBurney Board President Minnetonka Center for Ch Arts Tenant « If A h I • . / i •3AV X73d90yd ^Mn f ^» ft or ^ 3 -I" Ai O 1-‘^P’'OronoSi ». 4* <• 1 ,tf-**‘‘«.VS- l:>»' *• V i i Story ami ' Ellxaboth \M Cumi■», '/ • Cobtrlbut mie old Hi! ^ipSbrth Sho •^JLh'has found old style of ait I AtelilirLeSueur, . ait. the atebertei of thejold ,-na! • French’foir'ydrli :*l|Llv*.'the ipp ‘the h. ve stuO«fcip«. taac ^ . -T't /ihsti ^ LeSueur of Wa; teaching the ”si ,'ters;!’,?‘Artists Michelangelo] ,» lasquez'develo ' khowri as class T\/^ ^ \J» b I H %• A •>'I.-.^■^•.•iVf,* *r#„ LM«l9^af( Photoqraphf),' #*»> -» »> r •*' ^ .. • » ■ ^ • 4 ». *4 lk«4k«»w. Vt Ot W tlOUtW,Fimce. a cit; ne^r Uic Olympic Games location. Albertville.• Trained as a chef in France, RudeliuS'Palmer, 26, came to Minnesota in 19S3, six months after meeUnf the woman he would wed two years later..*T was in love,** be said of his wife, Kristi, who is originally from Golden Valley.Once in Minnesota, Rudelioi- Palmer enrolled at Hennepin Technical College to learn Amer­ican cooking techniques, he said.UUtA 4i.^ ^ Ai WaU dl lUU^U UiUC^ Dill ilAccording to Judy Holscher, . >wasenjoyable,‘fC'5w%'j7iv^*->! I'' hiring Rudelius-Palmer has been Frai^ t^.tell right.!wxli received by customers. ‘ away. If ymi'eah’t take it,* y^ ;"The comments have been ex* better lcave.1yA^^-*J^^‘,i,*' trcmcly favorable,” she said. '; Rudelius-Palmer did not want And Rudelius-Palmer is en- ‘^to i vjoying it. too. • • .r^f.^iric'^ tetMmber.l want«l . '“I’m very happy here," he ‘ . vto be a*cook,ri>e said<^l love thesaid. “I plan on slaying here. business^J^lJ^J^^jCi^i:??';“B tfore Tow n & Country, AfteVthree years, Rtidelius-bRudelius-Palmer was a chef at a / ^ Palnwr received his diploma,;*'*' rcsuuraiii in St. Paul. Hours ' •* i • grKluating fifth iri'a class of t’t there usually conflicted with his ' * ' •wife’s work schedule, which "* P®9® •,u;.j.v ; v.i?.*1.,•J^jjjjfekhes paintiiMi techniques of old^^^ Orphoschooioffers student exhibit »• W a* ^ l .Lf ^ Np'* w- i jStory and photos by ' > Cllxaboth .Wlgolsworth- h Curnnings ‘''jM and.Brands Mann V;;-i - '/ I Cobtrlbutlng Writers |. ’ f' ■ ........................................................................rri^c old Hill Schoolhouse on i'l'i^Nbrth Shore Drive in Orono LeSueur instructors pass on this vi- ^jL'<ihas found new life through an sion to their students. t •Arts & Enteituiunent old s^Ie of art It*t die hew home of 'Atelitfr LeSueur. a unique ait school. Marc Johnson, Steven Levine, Mike Coyle, Kim Allcman-Bcaty and ’.’fr ln[an;^age'of computer-generated Jean Graph are graduates of the ate- ^ . 'ari tlWateUtfH^hes'ait in the style her. of the;6ld masters.'',“Atelier" is • LeSueur sets strict limits on how French for “v/brkshop." . ' • ' many classes instructors may teach. Like'the apprenticeships of old, ensuring lime fur their own art. The • the «h ive a ratio of eight to 10 students agree Uiis makes a deference sti.^wan fti teacher. ; - . . in the insuuctors' teaching abilities. It • t. *^».7in$tructor...•'••Annette seems to keep them fresh and in* ; LeSueur of Wayzata''6ffen‘rcfers to volvcd and their enthusiasm and love ^ teaching the “sight of the old mas- of tlicir art never lags. ^ tcrsi?,’‘Artists - like/Rembrandt, - The students’ work is indeed im- Michelangelol*Raphael and Vc- pressive. Even the children in John- lasquez'developed the style of art « known 4$ classical realism. Atelier ■ ATELIER/ToPage 6B V . *-^*^4 ^«a,, W**a A4*4 r .* *wA* . I ;*r ‘ . . *V -....................-................................................... . "".v *** I* ^ ,v ••» • ^ t »'.• V V • • f« - Elluboth Sogrillo paInU raallatically In tha tradition of tha old aaaolora at Alollor LaSuaur on North Shoro Driwo In Orono. - rC? >5b ’.*r:?;;p*i.TA ;V. t.| r ^ r * V * . % , t W*<* *a . ' • ' I.* • <•»; ’. ^ • 4 -r.' r--.. 4% r\ ,*/ ' • * . 0 4^ • -* •*«*^ IL; vV* * ' * ; • • • ’• y • • a . ‘w ,.f» * » • •• *. *. 1 • wocked ia telcvinior. iur 18 ^'c had a great stage manager injyearsAuMd the 61-year-old, who 22-year-old Eric Marsch, who |a^ bM^IS'yeart of community was very loving and comfiassion- ilneaterrM ate.** ^/^'l^tat^rg^d^.lus n **Fogey LxMsberg said be wanu **to get •ccocBfwnist win be provided The 16 petforaunces of “New Fogey Follies of 1994'* will open June 8 M the Howard Conn llie- atre and run weekends through • . “T^jM ■ :‘‘n v» VSunday, June 19. . ,<• . i«*_ tured TYankee.DoodTLast year ’s show featured 40^^-Boogie WoogieBugk seniors singing and dancing in a the Andrew Sitten an full-scale musical revue that fea- ^ of Broa^ay^^'4'ATEUEIVFrom Coveritoo’s illustratioa class display well-. ! groomed takoL:>:'.i; <j[ ■^Tbe'Melkr*i itudcnti vary greatly. jSqme'CMC from as far away as >»■ .c 7 4 '.r v ■. 'What: Atelier LeSueur* 's^ent ait show.T^ent 1 to .4 p.ju Saturdi day,AprUJ6i.‘ #^c.e::2180.Nonh Sioi^ i^ve.oroi»: “ • : Imhaloet .ftee.. |dnni^<m>^966.;^ 'ing a few classes per week for per- fuliillnienL Judith Cudaod of Sl Louis Park sidd. -I4y youngest is five — it’s ^timefor^tokaratodnw.” aftodiestaitedlnaudiesattheate- one ttiKlenta are working full- lia.Afiagradatioa.siKwillcoatiD- 00 their ait with die intentioa of ue to instnict and pursue her interest seeing their pieces sold in galleries. in spiritual art Another graduating 'tf Many .have taken instruction at artist is Patrick Devonas. ■ i I. other art scbotds. A few were com­ mercial artists.' ’^0 lie stated art school at age 16 in Switzerland. While studying abstract ' •' ‘ A coounoD thiead leerns to be that art, he realized he w anted to learn .their talcota were not fully realized, symbolism. He studied illustratian tf ;Tbe style of the masten seems to pro- Brigham Young University in Provo, 'videfulfiUineati.t N rf«>. Utah. A teacher there responded to i'Among those graduating from his frustration with a brochure from .'Atelier LeSueur, are Carolyn Link, the aelier. Kim AlkmaihBerey of Hopkins and An exceptional student, Devonas Patrick Devonas of Shoiewood. Their is graduating from a four-year pro- ^worit will be on display Saturday at gram after three years. One of the few .^atelier.: iV-.'v !tr|Alkm^Beaty ^ she was ftus full-time students, he is able to sup- poit himself with his art He plans to A tiated ia her wock as a commercial go on to graduate studies, continuing 'artist' > -tr «: ■. ;i ■. i"! didn't like the restriction of with ait work and instnicting. Doth artists are available for com- ■s doing only what tire client needed and missioned work. Their work atxl that baying to be .mtnihed by time and of others will be on display Saturday, mooey.’!*-'}^'^,^Marc Johnson's illustration class 'j jvlAt ooe.'poiqt,' she coounuted be- has work on display at the Jack Wold tweetTGuam^and Minnesota. Her Fine Art Gallery in Minneapolis. In-^ V<U«U1 ouw iTtuuivawia. iivt ■ uiv r%i\ i V;. busbaodjwasitransferred to Guam ,f(»mation: 339-5191. I ••• i f'*.»•*; ' ’ - • f •• r* > ^ r7* -•• • - Wastebasket Revue’ cbiitiniito break run recoi^ftiri^ Scholarships are benefited school song ar^,da _ ____ ' • ^Staff Report sseo School District 279 1 I has produced its original V.1^ vMi^ show, *Tbe Waste ­ basket Revue,” for 27 years. The volunteers’ work has raised $323,500 for scholarships for graduating seniors over the years. The eight peifonnances with e total of 5,700 sems at Park Center High School auditorium are usual ­ ly sold out , The original show grossec enough at the box office to aware restaurant. Planet Marlwood. seven scholarships for a total of $2,000. ,^T r* fi • (mTIw nuisk;is a varic ,'i. tttMg nndiluVptcnd I fiorndM 19601^^^ The’show opened A j^,cootiiuies through April ' Among the commi> are ' Ann Wobig* direi .Swingin ’ Eds. directo ^^i'Dallywho founded a c the'Atlantis..Tbeatre in Park,’producer '.Ross « Maple>Gro ve < J uaior • « chief writer Sieve Auc t Vm. » .* Marl Ramsey, superintendent.; of Osseo schools, pleys the viston-.;,:, This year's 21 winners arc ary owner of the megamall com-1 being presenteu z cf $3T 000. plex. 'The show this year is "Marl of America.” It's based around a variety of VtHis faithful mascot is a burro called “Smokey.” The musical portions of the.-.^ i ^--11r-^^ ' iprn. '-’i I /.V. ■‘T.i. ’ill.! r,‘| ( • 'd-iif J/>V\.T71 >1 ' 'cV;ir;rMir.u\' . 'fn.v, .1 ' ' ' rr /, I 6Vi 9M2" | ZESrAKO'UWM-- skits that spoof a family ’s visit to show include two different sets by! fi* a giant mall and the unusual char- the 70-plus members of the dis-^> acters they meet along their way, uict’s.singing group, the Swingin ’*________________ including a visit to the newest Eds, led by Ann Wobig.' .'. » ^ - ... *1^ •«» ^ —m mm, II ^€48964800 mrimi;eiii»yaubm«irK47sciM m 4 5 # (j)0 •ostmtmt p0r 0»c- I30t^9i /• Aftfr*. Wotft Cmntr*! tO rO fil TO:Jeanne A. Mabusth, Building A Zoning Administnitor WROMz Lyk Oman, Building Offeial Bruce L. Vang Field Inspector DATE:April 18, 1994 SUBJECT: 2180 Nonh Shore Drive/Aiclier LcSikut Insiinuc Tte subject building was built as a school in the late 1800s. Its last recognized legal use was a residential day care facility . The proposed use is an an school that has art students and conducts art shows where the public is invited. The new use is classified as a B-2 occupancy which is different than the previous school use (an E occupancy) and the day care use (an R occupancy). A change of occupancy type requires the building to be brought up to current code for ^ new use. It is recommended that the owner retain a licensed architect to address items uicluding, but not limited to. Group B «Kcupancy requirements, exifting requirements, type of construction requirements and handicap access and sanitation requirements. The art school is now in operation without a certificate of occupancy. The Building Department frels we can allow the school to remain open for a reasonable amount of time to allow the owner time to bring the building into compliance provided the owners resolve the immediate hazard of the use of flammable curtains for partitions throughout the building. ch L._.I iQ MINNETONKA aNTER KM THE ARTS 2240 NofA Shore Drive * WayzjU, MN 553^1 *(412) 471*7361 (1 Aprm, 1994 Mr. Jeff Scott Developmerit Director Atelier LeSueur c/o 723 Penn Avenue North Minneapolis, MN. 55411 Dear Jeff: room to share). It was good to talk with you. art.^ 1 wish you the best with your upcoming shows! Sincerely, Ann Larsen Executive Director copy: J. Hammes, Weekend Registrar GOUHClLMEETluvj may 9 1594 REQfEST FOR COinsCIL ACTION ___ gkmmn DATE: 4^7/4nT Or QllUNU ITEM NO.: Department Approval: Naac Midurl P. Gaffroa Title Asst. Plaimiiif A Zooiaf Admiaistratot AdmifiistratCH ’ Reriewed:Agenda Section: ZiHiing Item DcKiiption: #1924 Don A. Winter, 4620 North Arm Drive West - Variances - Resolution Application: Request for area variance for an oversized accessor> structure and setback variance to allow structure to be located between residence structure and front lot line. List of Exhibits A - Resolution B ‘ Planning Commission Action Notice 4/20/94 C - Memo and Exhibits of 4/13/94 Discussion Please review memo and exhibits of AprO 13, 1994. Briefly, applicant proposes an 1,800 s.f. storage shed arel workshop to be located between the front line of the house and the west or front lot line. The accessory structure ordinance would limit an accessory building on the 3.87 acre lot to 1,6,00 s.f. The applicant’s letter of request indicates physical aspects of tte site which suggest a hjirdship exists for placement in a conforming location. He also indicated the need for additional storage to support the footprint area variance. Planning Commission Recommendation Planning Commission reviewed this on 4/18/94 ami voted 6-0 to recommend approval as submitted based on tte applicant’s stated hardships. Planning Commission noted that the location is remote and highly screened by existing vegetation such that neither the size nor location of the accessory building will be obtrusive. Staff Recommendation Staff recommends approval per the attached resolution. Proposed Motion Moved by , seconded by , to adopt Resolution No,, granting accessory struemre footprint area and location variances for Don A. Winter at 4620 North Arm Drive West. Vote:ayes.nays. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDFVTSIONS 9 (C) AND 9 (D) FILE #1924 WHEREAS, Don A. Winter (hereinafter 'the applicant") is owner of the property located at 4620 North Arm Drive West within the City of Orono (hereinafter "City") and legally described as follows: The cast 402.86 ’ of the north 418.9 ’ of the south 854.5 ’ of the Southwest W of the Northwest 14 of Section 6. Township 117 North, Range 23 West of the Fifth Principal Meridian, said 854.5 ’ being measured along the easterly and westerly lines of said Southwest *4 of the Northwest \k. Together with road casements shown in Document: No. 898587, files of the Registrar of Titles, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C-3) and Subdivision 9 (D) to allow placement of an accessory structure between the principal building and the front lot line where no accessory structures arc normally allowed, and a variance to Section 10.03, Subdivision 9 (C) to allow an accessory structure footprint area of 1,800 s.f. where the Code would limit the size of an oversized accessory structure to 1.600 s.f. Minnesota: NOW, THEREFORE, BE IT RESOEVTID by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #1924. The property is located in the RR-IB, Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on April 18, 1994 Page 1 of 5 4. and recommended approval of the proposed variances based upon the foUawing; findings as submiticd by the applicant: A.The proposed building location requires the removal of significantly fewer trees than potential conforming locations. B "Plig proposed location would require no till, whereas conforming locations have topography problems that would require significant amounts of fill. C.The proposed location is less visible from neighboring pro^rties than conforming locations, and in the proposed location the building will not be visible to any existing ittighboring residences in summer or winter. The proposed location requires significantly less additional driveway construction than conforming locations aral thcrefou disrupts less of the mature sugar maple, basswood and red oak forest on the site. E.The height of the proposed building will match the height of the existing house, therefore the visual intrusion of the oversized accessory structure will be minimized. F.The proposed footprint area of the structure will allow for inside storage of existing vehicles and equipmeia currently stored outside on the property and will therefore reduce tte clutter of the site. G.The proposed structure will be located more than the required 50 from front and side lot lines, reducing its potential impact on neighboring properties. H.The lot area is 0.14 acre short of the 4.01 acre area required to allow an 1,800 s.f. accessory structure. Under the current 2 acre zoning, the property could not be subdivided to create a new building site. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and Page 2 of 5 r i 5. The City Council fircis that the conditions existing on this property arc peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic coraiitions. light, air not pose a fire hazard or other danger to neighboring propeny; would not merely serve as a convenience to the applicants, 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 are! Comprehensive Plan of the City. CONCLISIONS, ORDER AND CONDITIONS Based upon the abos'e findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C-3) and Subdivision 9 (D) to allow the proposed accessory structure to be located nearer the front lot line than the principal building; and grants a variance to Section 10.03, Subdivision 9 (C) to allow the oversized accessory structure a footprint of 1.800 s.f. where only 1,600 s.f. footprint would normally be allowed, subject to the following conditions: 1. The oversized accessory structure shall be subject to the standard covenant rec{uirements of Zoning Code Section 10.03, Subdivision 9 (C-3c). 2. Per applicant’s proposal, the exterior of the accessory building shall be finished similarly to the existing residence structure. 3. The proposed accessory structure shall be located as proposed by the applicant on the site plan atuched as Exhibit A. Any changes to this location which places the structure nearer the west or north lot lines shall be subject to further review by the Citv. 4. Authorities granted by this variance run with the property not with the but are permissive only and must be exercised by application for a builuing permit within one year of the date of Council approval, or this variaiKe will expire on that date (May 9, 1995). Page 3 of 5 Violation of or non-compliance ^fciih 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 misdcmeanr ’'. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, tereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of May, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Ownerfs) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 9th day of May, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this dav of , 199 ___, before me a Notary Public within anJ for said County, personally appeared ________________________________________ known to me to be the pcrson(s) described in and wlro executed tte foregoing instrument, acknowledged that he (they) executed the same as his (their) free act and deed Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 ___, before me a Notary Public within and for said County, personally af^ared ____________________________________________ known to me to be tlw person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 CITY OF ORONO P.O. Box 66 Crystal Fay, MN 55323 473-7357 ZONING FILE #1924 notice of planning commission action DATE of NOTICE: 4/2a94 TO:Don A. Winter 4620 North Ann Drive West Mound, MN 55364 COPIES TO: TYPE OF APPLICATION:Vauiance DATE OF MEETING: 4/18/94 VOTE:6 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Applicant’s next scheduled meeting is confirmed as: City Council Monday. May 9. 1994, meeting starts at 7:30 p.ra, If vou desire certified copies of the official Planning Commissran minutes, they ate available from the City Recorder after review and approval by the Planning Commission. I TO:Planning Commission Members Ron Moorsc, City Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE:April 13, 1994 SUBJECT: #1924 Don A. Winter, 4620 North Arm Drive West - Variances - Public Hearing Application - Request for area variance for an oversized accessory structure and setback variance to allow structure to be located between residence structure and front lot line. Lbt of Exhibits A • Application B - Letter of Request C - Property Owi«rs List D - Survey E - Staff Sketch F - Construction Plans G - Air Photo H - 10.03, Subd (C,D) Pertinent Code Section 1. 2. Discussion Section 10.03, Subd. 9(D) and Subd. 9(Q(3) prohibit an accessory structure from being located between the principal building and the front lot Hr :. Section 10.03, Subd. 9(C) limits the area of an oversized accessory struemre on this 3.87 acre lot to 1,600 s.f. (1,800 s.f. proposed). Please review applicant’s letter of request. Applicant proposes an 1,800 s.f. storage shed and workshop to be located west of the front line of the house. The west lot line is considered the front lot line due to the road outlot location. This lot is currently quite remote although the property to the north has potential for a residential 2 acre subdivision. As noted by the applicant, the entire lot is wooded and quite high in elevation. The nearest existing homes are barely visible in the winter, and in summer would be completely screened from the proposed building location. Review of Location Options Applicant has review his proposed location and two other potential locations which, while not requiring a location variance, would present a number of problems related to topography, screening, tree removal, grading, etc. The letter of request contains a number of factors which Planning Commission might conclude constitute hardships that justify the location variance. 2U)ning File #1924 AfMil 13. 1994 Page 2 Size Variance Again, please rcMew applicant ’s letter of request for an oversize accessory structure footprint area variance. Please recall that the oversized accessory structure ordinance was adopted in an attempt to match the size and square footage of accessory structures to the overall size of the lot. Is the 200 s.f. variance justified in this case by certain factors such as adequacy of screening, relativelv modest height, and setbacks in excess of those required.^ Is there adequate hardship and/or other justification to support the granting of a size variance? The property owner is required to execute an ovenized accessory structure covenant which would require removal of the oversized structure if the propeny is ever subdivided. Subdivision is not feasible under the current 2 acre staixlards since the lot is less than 4 acres in area, hence tlie covenant conditions would only come into play if a future lot line rearrangement resulted in the property decreasing in size. Staff has reviewed the proposed structure height which would be approximately 15 at the peak using the proposed 4:12 pitch. This height would appear to equal but not exceed the height of the existing house. The structure would be approximately as wide and about 3/4 of the length of the existing house. Staff Recommendation Planning Commission has a number of options uicluding: 1 Approval as proposed. 2. Approve location variance only 3. Approve size variance only. 4. Deny both requests. 5.Table. 6.Other. Planning Commission should specify the hardships and justification for any recommendation of approval, and specify any further conditions you feel are appropriate. # i ( \ CITY OF ORONO - VARIANCE AtIiCAXED Initial Applkation Fee S200.00 (S50.00 per each additional variance) Renewal V'ariancc Fee $100.00 (no change from original application) V'ariance for non-conforming structurc5 $200.00 After-thc-Fact Fees (Double applicaiio*. ee> PROPERTi'INrOR>UTION Site Address HU2.Q Mo » I>%oo»\o.v. rrrv r^c rr^v?w 4 * * J *CC7iKr atve* *<L ^ %'* . 4w4>. i Vh/! "*! ' ) ’. yv ta'v \ i rrw \ 4 tfV»« Property Identification Number (P.I D ) O<o-\n-ZA-2J4-0QO2- 4 :Tt>,vvi.rrr^oT. f u> • w,# < f I afSi r VV • *C V V ^ r i ^4 Mvi •4^ INf C?%»T vw w CHEC^ H !iLL Attach legal description to application if not iarluded on required survey. Date Propert) Acquired titrygnMMnt. ______________________(month/ycar) I (doid^ notl>also own the adjacent parrels of land. Present use of propert)': V residential Zoning District: 1 S________ APPLICANT Name OobJ IN1T&R» Address:_<4^1^ N Afi.w\ .Pf3^ OWTsER (if different than applicant) Name _______^»nryvC_______ .Address: Phone (home)qiX- 4*boU Phone(work)M*)!- ^322. City:KVvOoirv.’O Zio: dSV5 3^M Phonethome) Phone (work) City:Zip: Estimated Construction Cost $\0/OC>0DESCRIPTION OF REQglST Describe request in detail: ovcm. aaa& •»TiCfciot>a4 emjCi^ - o4<jflrtCg_ Gi) \jcsctcne»^ I Ki pannir *^**-*^ ^attach additional sheets if necessary) VARIANCES REQ! RED Lot Area Setback: ___Lot Width Front Side Hardcover Rear Lot Coverage Average Lakeshore 2^;_Other (specify) fVCoOC HARDSHIP/DESCRIPTION OF L2S1JSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual properry conditions preventing corapliaiKC with Zoning Code requirements:^____________________________—_—---- (attach additional sheets if necessary) REQUIRED SUBMITTALS .\ll of the foUowint information inigt be submitted bv the aPDiication dcadliiw? date in enter for votir application to be considered complete; 1. Completed Application Form 2. Certified Propert)’ Omen List of owners within 150’ (you must obtain this list from H^*onepin County Department of Finance, A-603, Govt Center, 348-3271). 3., Fiat Map (obtained with property owners list). 4. Certificate of Survey (signed by a licea«ed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8Vi" x 11" for reproduction. 5. Topographic surv ey (existing and proposed elevations) if any changes in existing grade loo are proposed. In Edition, provide one (1) copy 8Vi" x 11" for reproduction. 6. t/Sketches or plans of floor & elevation views (provide one (1) copy 8Vi" x II"). 7. List of the legal names (include marital status) of all persons with an interest in jthe H.uimtw property. This would include name(s) of applicant(s) if not current owncifs). *** 8. A» an addendum to this application, please attach a separate list of any other penons you wish notified- of this application. 9. —Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance anolication is not complete if the above tnforroatioD has pot been included. APPLICANT’S SIGNATURE .The applicant hereby agrees to provide all information required or requested by the Zoning 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 Signature ^^J(/r7 Date OWNER’S S GNATURE The owner he.eby acknowledges and agrees to this application and further authorizes reasonable entry onto tlie property by City staff, consultants, agents, .Commission members, and Council members for purposes of investigation and verification of this request. Owner’s Signature Date ^ Applicant n 'jst have all submittals into tlie City offices 25 days before the Planning Commission *ting. I lanning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 n -»! /;r-/- X . : / .. •ft I- CIT\ OF ORONO HARDSHIP VARIANCE REQIEST DON A. WINTER 4620 N ARM DRIVE MOCND, MN 55364 SITE I.OCATION VARIANCE 1“ OCR NCMBER ONE CONCERN IN THE CONSTRl CTION OF A STORAI'.E BUILDING IS ITS ESTHETIC EFFECT ON OUR PROPERIY AND THAT OF OUR NUIGHBORS. OUR HOUSE IS LOCATED IN THE CENTER OF 4 ACRES OF BEAUTIFUL SUGAR MAPLE, BASSWOOD, AND RI:D OAK TREES. WE DO NOT WANT TO ANY THING THAT DESTROYS THE BEAUTY OF THIS WOODS. WE SPEND A CONSIDERABi.E AMOUNT OF TIME IN KEEPING THE WXK3DS CLEAN AND IN THE LANDSCAPING OF OUR FRONT AND BACK YARD. WE HAVE lOO'S OF FLOWERS BL(X).MING ALL SUMMER LONG. OUR LAND IS CONSIDERED PART OF WHAT WAS CALLED THE "GREAT WOODS". WE WOULD LIKE TO PRESERVE THE VIEW’ OUT OF OUR BACKYARD PICTURE WINDOW, PATIO AND DECK. IT IS IMPORTANT FOR US Tu PLACE THE BUILDING IN A LOCATION THAT COMPLEMENTS THE HOUSE AND DOES NOT REMOVE MANY OF THE OLD MAPLE TREES. IN THE PROPOSED LOCATION THIS BUILDING SHOULD NOT BE VISIBLE TO ANY OF OUR NEIGHBORS EITHER IN THE WINTER OR SUMMER. THE BUILDING WILL HAVE OUTSIDE WALLS OF ONLY 10 FEET, AND A ROOF PITCH AND COLOR TO MATCH THE HOUSE. LOCATION #1 (OUR CHOICE) • BUILDING IS IN FRONT OF HOUSE BIT TO THE NORTH & DOES NOT MEET CODE. • BUILDING IS RirN^ING NORTH & SOUTH WITH GARAGE DOOR TO THE SOUTH. • REQUIRES THE REMOVAL OF ONLY TWO DEAD ELM TREES & TWO MAPLES. • LOCATION IS LEVEL ANT) WOULD REQUIRE NO RLL. • LOCATED CLOSE TO POWER POLE - ENTRANCE WOITD BE LIT BY YARD LIGHT. • BUILDING CAN NOT BE SEEN BY NEIGHBORS EITHER WINTER OR SUMMER. • SHORT ACCESS TO PRESENT DRIVE WAY WITH NO TURNAROUND NEEDED. » DISRUPTS VERY LITTLE OF THE OPEN WOODS. • AESTHETICALLY THE BEST PLACEMENT OF THE BUILDING ON OUR 3.9 ACRES. 11 r". •r -:j» -i J LOCATION #2 BtlLDLNG HCM.fLD LLNE UP WITH FRONT OF HOUSE AN1> MEET COW:. LOCATED TO THE NORTH OF THE HOI SE. BllLDING IS Rl'NMNG EAST A WEST WITH GARAGE DOOR ON THE WEST SIDE. RKQI IRES THE REMOVAL OF T'» • */E MAPLE TRFES FOR R1 H.DING At DRIVEWAY. REQUIRES THE MOVLNG OF THE ti-ECTRlC SER\ K'E TO THE HOI SE. FROM THE FRONT OF OlTl HOI SE THE GRADE DROPS SH.ARPLY TO THE E.AST. LOCATION WOULD REQUIRE 2 12 FEET OF FILL ON THE EAST END. THE M FOOT LENGTH WOI’LD BE VERY VISIBLE FROM BOTH FRONT A BACK YARD. QiriTE A LONG ROAD WOt^LD BE ADDED INTO THE WOODS WITH A TLRN.AROt'ND. f LOCATION # 3 BITLDLNG WOULD LLNE UP WITH IRONT OF HOlSt AND MEET CODE. LOCATED SOUTH OF THE HOUSE WTTHLN 50' OF THE SOUTH LOT LLNE. BITLDING IS RUNTWING EAST A WTST WITH GARAGE DOOR ON THE WEST SIDE. REQI IRES THE REMOVAL OF 52 MAPLE TREES FOR BITLDING A DRFVTW AV. ADDLNG ELECTRIC SERVICE BECO.VIES MORE OF A PROBLEM. FROM THE FRONT OF OIR HOISE THE GRADE DROPS SHARPLY TO THE EAST. LIK'ATION WOULD REQUIRE 4 1/2 FEET OF FILL ON THE EAST ENT). BUILDING WOtU) REALLY STICK UP LN THE AIR AND BE VERY VISIBLE. QUITE A LONG ROAD WOULD BE ADDED INTO THE WOODS FROM THE WEST. ROAD GRADE WOI’LD DROP DOWTs HILL STEEPLY FROM THE GARAGE DOOR. A 140’ SIDEWALK WOILD HAVE TO BE BUILT INTO THE WOODS. SIZE VARIANCE WOULD LIKE A GOOD SIZED WOOD WORKING AND REPAIR SHOP FOR MY OWN PERSONAL USE. CURRENTLY RENT A STORAGE LOCKER FOR OLD FURNITURE AND OTHER MISCELLANEOUS ITE.MS. RECREATIONAL VEHICLES ARE STORED AT A FARM ISO MILES AWAY. CURRENTLY HAVE SEVERAL CARS, TRAILERS AND SNOWMOBILES PARKED OUTSIDE WHICH TENDS TO LOOK JUNKY. WANT TO BUILD A FORD COUPE HOT ROD AND NEED SOME PLACE INSIDE TO ASSEMBLE PARTS AND START CONSTRUCTION. MARCH 25, 1994 CITY or OFOKO “ BOILDISf APPLICATIOH Total Fee: $. ^ I ar 4'at« Received: Date Acoroved: Eritercd By:PeraitI: .. ___ __ I ITn TM vttt.t. BBTORS PLAH W5YIEW WILL S'! STARTED all ihforwtioh must a |^«™. 'Stt Snclo.«i) _ _ _ _ _ _ _ _ _ _ _ the APPLICAST IS! <cirel« cn«) CONT.JC rr■^^/ . .nn«HS! ZIP. M jntfffi OF OWNERS 07/V' /r. hailing nrr°»<=°- S/hme CITY: (vor)c) V72-VJ<^ PHONE: (hctaa) ^'72-'^“^_ ZIPs ___________« CONTRACTOR! Pmff fnetfB^Jfin TTfi£^ _____ CITY:___________________ MAILING ADDRESS:________________________________ STATE LICENSE: # ARCHITECT/ENGIHEER : mailing ADDRESS:_ NAME:__________________ A/oa/^PHONE: CITY:ZIPs registration # type of WORK: New X _ Addition Deao____ Remodei/Alteration_ Accessory Structure_^_ Move. Renovate ____ Land Alteration^ PROPOSED WORK (describe In detkil) s— nfij XI A=/rf\ Tfr?n ------------------------- ST0RIES._/____ SQ. FRZT OF EACH reOOR!_ /&<X) <^Si ■ NO. OP BEDROOMS!_ _ __ GARAGE STALLS! ATT.- - DET.^ . estimated CONSTROCTIOH VALUATION (excluding land) = S-------,„„.tion I hereby apply for a building Ve'*ln ccnforaance with the ibo “ i^ cleplere and accurate! that riS\”e Building Code, |SrSin.ncea a'kd codea of ‘he City and «lth_^the^^St.t^^ ^ ^Sf^'iV^rh'ii A’ h".°\n* Icc^dAfc." with the approved plan. applicant 's signature DATE!i?i££^ 4 CITY OF ORONO — ^ -i J JJL ’it (y < i A"X. CITY of ORONO fml Otftc9 hex M*Crr«ial B«y» SftXD* OCBcvi On the North Shore <rf Lake Minnetonka DATA PRIVACr ADVXSORT In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4, If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full permit. name is required A to process this application /iO/ATTSi^ First Middle Last /hZjY) 0^/cJ£- ' • _ ■■ Addrass rr?/^ waw uy state Zip P^one I underst^d my rights as stated above. Sigxlature • . • * BUILDING A ZONING - 473-7357 assessing administration a finance - 473-735S PUBLIC WORKS - 473-7359 i f %. ■« ^ ‘ 4k\ T;rt’ I !» *.1^ I* -m:4U^‘ i%r».v*Tvi'-t-T: #• r i ’ *: *» <f •* <•••* •«*■* V ‘V . • .- .• •• # 4. *« ' ««•s •••. N'•/ >>>v .»•c, f ^ k >■ .♦. '•-/'t • ••. *1 • ^ ,* • .■•3/■• V.!« ii*4 «» • • • 4»* ■• ;. • - . * * • ■» ■ * - • <#• / %*♦; ■;>-j;''.(4) T, \ S' *1 UCHAMV ADOeS 1 <x> (j 6 t5M <i«0 •»• ■«(555^' n F 5__^HOf i ^,4 f le^ 14 WU'Q^t ¥> 45^ 025 «7T M ‘1 • > COVT 1319.7?mm m * « f 4 9^- p'V0 S • m- •« .• • 1 t ' *; ». ^ ■•“•t -* ■ .**• •. ' m.' V ' ‘‘ •]’ • ’.- 1«r-| ,- . ; f • ^r' M.MM MTl tsmm-%#',T-' (■> •>-,.■•■.■J>% MTCN ora ^ V51. - -* ^wmrm Aim# ■-' % a NiNNi^IN^.1V - :>'i4 ‘<»vViMW» MWl M M'llT'tS tS M«1 MOM MORS UNMSIGNCO T MHSTMNB .„ _^AM>AYC« I JEAN T AMSTROIM NIME/ADM ^ ns NOOTM ARM LAW -r? ■ ■ HOUNO PM ' S5SM , ■ ■ ■ ■• ^ _____________ .\ '>'0MCR NAm . TAWAVEE V4 NAME/AOIM ' .’f r .‘i ^ • ■ '■ ' jO' •' LI • *.'V/ ^ A yAw» : >iOMNIII MAHi 4‘.*^TWAY1H NAHE/AOM M-U7*tS » 0OM ' 044M Norm MM Oil N J A HfEtS ft AL mUSTCCS * JM€S A NYMS * BOX AMO-27A CABEftfl AZ BBS77 ii 04-il7-» 71 0017 . 0A770 NOBm ABN or N J A A f F UmB • JOHN A A ILXZABim F UHtB V A770 N ABN DB N 001 OOOOf ( p COUNTY BBOrttTY INF0BNATION SYSTfN WXyCB TT CmPB LISTSO 0A-117-C1 tS 0007 04420 Norm AM n N 0 A A N N NXNTIB 0 fl A NXNTIB 4%70 MO ANN 00 NIST mra m sssao so 04-117-71 71 0007 04700 NOOTN ABN 00 M BAD mXJAU BAVNQNO 0 A OQOOTIIY HAXJAU 4700 Norm ABN 00 HOUNO m 15144 SO 04-117-71 74 0001 00715 NOOm ABN LA ^AfOC T ABM5TBCBC JEAN T ANN5TBQN6 715 NOOm AM LANE NOUND 101 55144 f. •. V« %•»*Ofporr HD. 01411401 0AM10 04-117-71 71 0001 04440 NOOTtt MN Oft NJ 0 A L IVIB30N OMIIL A LINDA miSON 4440 NOOTN ABN M HOUND m 55144 r id \ "9f 't ' ^ 'A'^ ■■•• •’«*' > 'A <•f; 10 04-117-71 71 0015 00010 AODf^» UNASSXGNni J A A I F UTTIB .IQHN A A ELIZAHm F UTTIO 4770 NOBTH AON OB N 01N3N0 HN 55144 • 4 • f‘ S 0«-117-n » OOM MSM NORTH ARN M N • L • J R HAGLIMB •ARRY L « JANICE R HAM.UNO ASS NORTH ARN M N NOLMD PM S5SA4 : * . . • ’t :V, 4 * • • .4- V?- - 4^ « • •* • ■>• i t-- ■: ■ • • U\ r ‘ ‘•J . »L -*. . . * ’ V r ■ ^ ■^'*11 V ■ p JO krw^rr^. X CIBTIFY THAT THE FACTS BIBRESENTIO ABf AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE BECCHID3 OF THE HENNEPIN COUNTY OEPARTMEIfr OF PROPERTY TAXATION* TO THE BEST OF NY KN0I0.ED6E AND BELIEF.| f '•j •i fi-' •-• /•X - >I DATE r . V ♦ •.:.f ■* y'/.Vv: 0». vi / • .• ■u. 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JJ I ^ ''4 ■M \ t!k- * O^C2jt^/770y*^ 775^ of= 77//S \ pjl^t o^ ^6/^'/^y ^7^ y^. l^/yyr/e/' 20 Z/O/'/^ y^r-yr? , O^roryo, wvv^ - T* •<; J£^ i^‘^1ITTOli'if'A--kl- y^r *. . f ^ * • *. *W. .1 r • ■wv^r// f/«t^ d* fcO' * VJ’ -^0' ' ' U.r • Y%^ K >\^ y/x l-*j(^^—• ^ (K N > iv A. 6' r>> \ •: t I ^fejc '* A*' rw) * • * • ♦ “ • *1 r;4i »-'^- iW, • n/?' " “ {3--{SWo ,* \38.f^ " : ■?'?/ h / // »4' ^/^y^----------- / •-----------1 '< U>c*^ ;fs*; %-v «. « I V ^ ■ • -H . < <<!: ■'m % '*■ * ^ '<•,*:I.- V ’ .: ta^''i',‘ ‘•'*’! ■ ’ilI feA'C'v ’ • ‘ ■.. J- /I ' -* I, ■■ - A »‘*^r * i w ■' '^1 S5v' ^ * i'" •■ '/I v3. r., s. t ^Lr-y <■ . J a • k - •-# 1r ■« • - • ; -t*' .^ AtfA e^C>R L^l Cie.ii^^f^^;‘ r^rufi^ sePTic^...m^^^ ' .V i :’iV'.v., -1 . ' i ^ ...^4^ • ^ . H . • • V A « \ •- 4W0 N, ARM DR. mound . MN 55364 r m f r1 —/ 5 <- .q' .1 J n J #>=?J ts: _____1 _____ ■\s \ to «■[» ^ - /% t • ' OiH-ti. I £T«AA«iC I > : • 6‘r>'4' • i - 40«3 I nri I I I % t I h \»»«kU 5 7 ^ f» c n <Tt .Cki • tf. ---------n i------i-g I :i - -icyvj %U*.»«V<na» 1 •r I 'v> « « I ^ In A* r* r P 1 r/Pi •*/ 6- A * i f*fr *\ •> v> }-■ • ^ !• x.*»" I'i 4«20 N. ARM DR. MOUND. MN ^364WA -> KJ T^m sq pr. IbCjO 3ox<Jio ' lo Wo pc/j>rv.cl I w « »•-. * ■ • * i.• .*. i 'ff' jr. f-l'.p A f ■'< ... lk~- ^•j Uvis-: iffiil^. <■ • 4 if.r • A. ^ fZ-V**" , •». .f»’ • ^1 -> ^’oS' W' * ' >'i .**1 r»*J I I' i Si e^. .j.-i- '’^ WKni ■^ 'V. . .)•-^L ' .''3V' .^li V* yi' t* .*'<Y '1 ’"r* * L^r :-. -p s"/i Building Per ;ve lopxnentsSubd. 7. Planned Residential _ . more than one principal^byilding that staff may issue a per meet all required setback new principal structure is issued for a period of 3 months the City and shall occupancy for the new shall use a ards o pon and su S 10.03the case of hereinafter, no on a lot except ^ _ _ _home that shall n existing dwelling while a acted. Such permit shall be extensions must be approved by suance of a certificate of structure removed. Source: Ot^inance 26, 2nd Series Adopted: 7^1<:;;;06 sut»r. 8. Lots to Face Streets. Each lot JTtail face on a public stpnt or appropriate private easement. Subd. 9^ Accessory Buildings. A Time of Construction. No accessory building or structure shall be constructed on prior to of construction of the principal building to which it is accessory. B. Height Restrictions. No accessory building in the "R" District shall exceed the height of the principal building, nor Shall an accessory building exceed 30 feet rn height. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 bulldlk, shaVl ^xce^'i"rongua^". ?e\\ 'oV f«t%%^'nt“areJ «cVpr/h."fa«Sls«,“s»uct*ure; in excess of 1,000 square feet will be allowed under the following conditions: 1. Not more than one Oversized Accessory structure (OAS) shall be permitted on any property. An Oversizea i:i"ro«ing non-roojed accessory i?^V/u^e^‘^“uVar^”sugf^ct\%"Vht^7e1=l:? eetbach restrictions of Section 10.03, Subdivision 14 (D): - Tennis courts - Pools, when pool basin structure texjUiding non- encroachment-type patios) is greater than 1,000 s.f. - Paddocks or arenas t ' ORONO CC 255 (4-1-84) 5 10.032. Oversizedre^uXe^ed by the foXiowing table.Accessory Structures are Lot Area 0-1.99~acre 2.00- 3.00 acre 3.OX-3.50 acre 3.51- 4.00 acre 4.01- 4.50 acre 4.51- 5.00 acre 5.01- 6.00 acre 6.01- 7.00 acre 7.01- 8.00 acre 8.01- 9.00 acre 9.01 acre or more Maximum Individual Accessory Structure Vontprlnt Area 1.000 s.f. 1,^00 s.f'. 1.400 s.f. 1.600 s.f. 1.800 s.f. 2.000 s.f. 2,200 s.f. 2.400 s.f. 2.600 s.f. 2.800 s.f. 3.000 s.f. Maximum Allowed Total of All Accessory Structure Footprint Areas* on a Property 2.000 s.f. 2.400 s.f> 2.800 s.f. 3.200 s.f. 3.600 s.f. 4.000 s.f. 4.400 s.f. 4.800 S.f. 5.200 s.f. 5.600 s.f. ft,000 s.f. . Excluding non-roofed tennis courts, pools, paddocks, arenas 3. Any oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall be located * "^FurtVer*^ %^uch^structure^ sha^ be nearer the front lot line than f « front Irne t\e resnhW ‘frorthrsrd:^rrear^t une regardless whether Lss strict principal structure setbacks apply. b) The maximum height for plinciTa^l^ residwc^st^^^^ whichever is less. c) Such structure shall be only when the property owner agrees and covenants in writ ng wi the City as follows; i. No future subdivision will be approved that places the structure within « lot that Jas^no prinl?pal structure^ f'inr/eMSrpe^fod''^/ which the oversized lllllllry ntrufture nay remain without a principal .»ucture, r ?£if tlMl%eriod" thl* ov«sTseT accessory structure -ust be removed if no principal structure has been constructed. ORONO CC 255-1 (8-14-89) 1:1 , 5 10.03 ii. If the property is , . _ .-^«««orv Structure and principal subdivided, the overs 12 within a lot that meets the structure will be the given size of accessorymininun lot area requirement for 9 building. iii. in subdivision approval, the setback required for the oversize accessory structur defined herein shall remain. . 1 Vijk hindlna on current and future propertySuch covenant shall be binaing on * *.h» nrocertv. owners and shall be filed in the chain of title of the proierty. Source: Ordinance 72, 2nd Series Adopted: 8-14-09 n Location. No detached garages or other ur."s H H-:s ~>::hlocated 10 feet from the street or rear lot Thil *rciii"^h?i-i»n\”Vpp‘i"y^ tV?is«hrrrit?/d^?vi^:^ h? r::i;a;.’'^r corner lots. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 1. Location of Principal feet to the na ,^ w __ setback shall be determined as the mean hS??zontkl distance between the natural ordinary high water mark on the lakeshore and the allowable building line. 2 Variance From Lakeshore Setback. Any acBlication for a variance from the requirements of f^ shall be referred to the Minnehaha Creek Watershed District for its approval before final action by the Council. Source: Ordinance No. 155 Effective Date: 2-14-74 » % •* I ORONO CC 255-2 (4—1-84) REQUEST FOR COUNCIL ACTION DATE: May 2, ITEM NO.: Department Approeal: Name Michael P. Gaflron Title Assistant Planning Sl Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Sandy Beach Joint Use Dock License - Requested Amendment Summary Rick Zuckman, owner of Sandy Beach Resort, requests a reinstatement of his sixth dock slip. List of Exhibits A . B - C - D - H - F - G - Discussion Letter of Request MPG Letter 3/30/94 1994 Joint Use Dock License Resolution No. 3401 Conditional Use Permit Resolution No. 1572 (1983) 1983 Conditional Use Permit Discu..sions (Memos, Notice? Minutes) Initial'Joint Use Dock License Documentation (1983) Chronolog of Site Activity 1968 - Present Sandy Beach (variously known as Sandy Beach Place, Sandy Beach Shores, and Sandy Beach Resort) was first issued a Joint Use Dock License in 1983. That license allowed 7 dock slips to accommodate the 7 rental cabins on the property at that time That same year, the City adopted Resolution No. 1572 granting a conditional use permit and variance for continuing the legal non-conforming year-round rental of the existing 7 cabins on the property. In 1991, one of the 7 cabins was removed leaving 6 rental units. Consequently, the City reduced the number of allowed slips to 6 in the 1993 Joint Use Dock License. In early 1994 fire destroyed another cabin, leaving 5. The 1994 Joint Use Dock License was issued for a total of 5 slips. Mr. Zuckman is requesting reinstatement of the sixth slip based on the premise that Zuckman shares one of the rental units, and both he and the renter should have the ability to have a boat. Apparently each of the other 4 units is assigned a single slip. Request for Council Action continued page 2 of 3 May 2. 1994 Sandy Beach Joint Use Dock License - Requested Amendment Background In 1968 the City granted this propert)’ a CUP for a non-conforming use as a resc-rt u ith rental cabins. By the late 1970’s, the status of those cabins had changed to a year-round rental "multiple dwelling" use. A 1982 LMCD review of the site apparently prompted the City to require an upgrade of the CUP as well as require a Joint Use Dock License for the site. A. 1983 Joint Use Dock License. A review of the memos and minutes from the 1983 Joint Use Dock License application suggests that the City accepted the proposed 7 slips for 7 rental units as reasonable given the historic level of use of the site. In that Joint Use Dock License, the issue of what would happen if number of cabins decreased, was not specifically addressed. The only special conditions placed on that license were: 1 The City will require written approval from abutting and affected property owners for each annual license review. 2. The 7 approved slips are for the exclusive use of the residents/renters of Sandy Beach Shores. B. Conditional Use Permit. Shortly after the 1983 Joint Use Dock License was issued, owner Charles J. Maciosek and new buyer H. Richard Zuckman jointly applied for a CUP to upgrade from seasonal rental to full year renul status for the resort. CUP review discussions included concerns that since use of the property is very intense compared to the half-acre single family residential zoning, if any of the 7 residential structures becomes uninhabitable, they should be tom down immediately. A phasing out of the rental use over time was discussed at length but ultimately not adopted. The only limit on boats discussed in the CUP resolution was to limit boat storage on land to 3 fishing boats less than 16’ in length. Council may wish to review the memos and minutes leading to issuance of the initial joint use dock license and CUP in 1983. C. 1991-1994 Joint Use Dock License Reviews In reviewing the 1991 joint use dock license application, the City anticipated removal of 1 or more cabins due to deteriorating condition, and for the first time added a third condition Request for Council Action continiKd page 3 of 3 May 2, 1994 Sandy Beach Joint Use Dock License - Requested Amendment to the license; "3. During the current license period, the City reserves the right to require a reduction in the number of licensed slips commensurate with any reductions of habitable dwelling units which may occur during the license year." The City followed through on this in 1993 after removal of the first cabin, and again in 1994 after a second cabin was removed, leaving 5 licensed slips. After reviewing the man>- file documents that provide a historic background on Sandy Beach, sUff feels it is reasonable to infer from past license and CUP approvals that the City intended that as the number of cabins decreases the number of slips should commensurately decrease. Zuckman points out that past licenses have not required that the number of slips be commensurate with the number of rental units, only that the City "reserves the right" to reduce the number of slips commensurate w ith reductions in rental units. It can be argued that this is merely an exercise in semantics, and that the City ’s intent has clearly been to allow no more slips than there are cabins. It is a fact, however, that until 1991 the City did not formally address reductions in the number of slips as rental unit attrition occurred. Staff has «iviscd LMCD of the 1993 and 1994 reductions. Staff Recominendation Staff recommends that the number of slips be limited to 5, commensurate with the 5 cabins still existing on the property. Mr. Zuckman has been advised of this meeting and will be present to discuss the matter. Options for Council Action 1. Approve request to allow 6 slips for 5 cabins. 2. Deny request. 3. Table or refer to Lake Use Committee for review. 4. Other. April 21, 1994 RECEIVED APR 2 5 1994 CITYOFORONO Michael P. Gaffron Assistant Planning and Zoning Administrator City of Orono * ' Dear Mr. Gaffron Per your letter dated March 30, 1994,1 am requesting that the matter of keeping the sixth slip be brought befor the City Council. I understand that the slips are for the exclusive use of parties living at Sandy Beach and that the City reserved the right to reduce the number of slips commensurate with any reductions of rental units, but the licence d^ not require that the slips be commensurate with the number of rental units. I am, and for years have shared unit # 7, and am a resident. At this time the party sharing #7 does not have a boat, but if he were to get one I would not have enough slips to accomadate him. Sincerely, H. Richard^ckman CITY of ORONO Municipal OfTiccs Street Address: 2750 Kelley Parkway Orono. MN 55356 Mailini Address: P.O. Box 66 Crystal Bay. MN 55323 0066 March 30. 1994 Rick Zuckman 1819 Dupont Avenue South Minneapolis, MN 55403 RE: Sandy Beach - Sixth Slip Dear Mr. Zuckman: Neither the original -non^tonforming cond^ot^ vWJ^SluSn No'^^^^.^o'py atuched) Zakariason. nor the revision meetings is Clear that alt dock issues were intended to be addressed only i^ the joint use dock license, not m the CUP resolution. TT,e tor join, use dock license issued for Sa™fy Beach was in 1983. Ttat HeensTsiie has included the condition -2. The seven approved slips are fo. tte landlord. has it ever been a condition of your annual license approva . The number of slips allowed at your sit. has, from the 'Sg “a slip with the number of cabins. If you have m some years had renters with no do , b o»n tot TOu^d for your personal boat, them may be arguments on e^er side of Tto tot is a violation of the license. The City has not momtored the of ^a” Ty^r ^ka to determine who owns them. However, to now m s^ whTn there are only five cabins, will require an amendment to your I W Itce^. ^ I cannit predict whether the City Council will approve such an possible they wUl see this as an expansion of your non-confonmng use, which they y not approve. Telephone (612) 473-7357 • FAX 473-0510 Rick Zuckman March 30. 1994 Page 2 in order for this to be brought before the CouncU. please send a letter to my atteotton^g your formal request for a sUU. slip. I *m -vise y»*7 ” .mendment to your 1994 license, no fee will be charged, but S“tlSTs uW^tely?ousidered as a revision to your CUP. them would be a S200.00 application fee. If you have any questions, please feel free to contact me at 473-7357. Sincerely, Michael P. Gaffron Assistant Planning & Zoning Admuiistrator MPG/lsv cc: Jeanne Mabusth. Building & Zoning Administrator Ron Moorsc, City Administrator N ^ m ^ CITY of ORONO resolution of the city council NO. 8 4 0_i------- RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO SANDY BEACH PLACE SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANDARY 1, 1994 TO DECEMBER 31, 1994 WHEREAS, the Citv *.r Orono, hereinafter "City" is a municipal corporation organized and existing under the Uws -r the State of Minnesou and to dte authonry and responsibility under Minnesota Statutes, -.ute Statute 412 et. seq. and Sute Smmte 462 eh seq . to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WTIEREAS, the Citv shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Deparnnent of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State. LMCD. and the City of Orono. all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from act^ity on or ne^ ^e public waters Ld on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR. LMCD. and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the coc^ercia marina owners to the extent prohibiting any interference with the public waters property. The LMCD. DNR and City of Orono must fulfill their trusteeship over the public wat«s by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residcnual owners. WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has c’^clusive privUeges overUke Minnetonka. The only additional private right that any npanan o^er may Lve over the public generally is to construct one dock to the navigable depth of the pu waters. There can be no dispute but that the public generally and each nparian owner Minnetonka has the right to use the entire surface area of Lake Minnetonka for sui ^ses in common wiSi aU other riparian owners. TTiis right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public ge^raUy indues the rwrcational benefits of the lake such as boating and fishmg therem; the npanan owner has no exclusive privileges to these rights; and Page I of 2 r CITY of ORONO resolution of the city council NO. _3_4JLJ -------- 3^fisSo5: WHEREAS Uke Minnetonka is capable of substantial beneficial public use only __’ r ,K. ari. rejmlated in such a way as to ensure there is no abuse VVTTFREAS Lake Minnetonka is capaoic ui :>uu3ii»iiv4<ai as long as all riparian users of the lake are regulated in such a way as to ensure there ts no abuse of the limited riparian rights; and h'*’: an'd'Lkl.ltT.t™ - mSitl^ ™rlTrore“ftt^i« »wch regulattons include the annual Itcenstng of Jotnt Use Docks pursuant to Section 5.42 of the Orono Munic.pal Code; and wHFnEAS the ourrose of this Resolution is to set forth the above noted general conditions and concerrts ani the " an annual Joint Use Dock License described on Exhibit A attached, xinw thfrf FORE be it RESOLVTD, that the City Council of the City of Orono hereby dire’ets the Suff to ilsue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 14th day of March, 1994. W V Ay. •(Tj.“CallaJ>dnTTr?r Mayor ATTEST: f>uiUy M. l_;KaU S 0t»'. Oaf.c4» Cu-rK. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) on this 14th day of March, by EdwaT;'^ oToo a Minnesota municipal corporation and said instrument was executed on behalf of the City. JAMIE LBOSMA iaiMYPueuc4»Meson leWffW COUNTY My Conn. E«be 12-1M7 Notary Pag^ 2 of 2 I r««MOI 0Hi»- CITY OF ORONO exhibit ^ q j j , REsoLimoN NO. ^ rnhinmoNS OF isMTANCE FOP JOINT tX?CK UCENSE I. UCENSEE: Sandy Beach Place Dock Address: 3995 Norlfi Shore Drive Agent: H. Richard Zuckman Address: 1819 Dupont Avenue South. Minneapolis. MN 55403 LitTP^ Period - January 1. 1994 to December 31. 1994 n. BOAT DENSITY -ru K-e in niirr hoat slios lifts and buovs shall not exceed the number shown on the khWt B al in a«^ with Resolution 938, in no case shall the number ".Sd"-!,^. iiC buoys exceed the numl«r permitted in the prior year's l.cense. Authorized Boat Density per attached pl^.ai: Bay Transient (Day use only) Slips Pemunent Moorage Slias Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DEN:1ITY West Arm See Item lV-4. ^hitionNo.3 4 01* Page 2 &c«diM this masitnum boat density, or exceeding the number of pennitted slips, lifb or buoys is a violaOon of this license subject to revocation and/or prosecuuon for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT 4\kl ▼ ••• W— — ^ IV SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or LMCD^ issuance of this liceiise is subject to full compliance with these condition^ Sm comply with these conditions is cause for license revocation and/or prosecution by the City. i.The five approved slips arc for the exclusive use of the rcsidenls/renters of Sandy Beach Shores. 2.City may require written approval from abutting and affected property owners for each annual license review. 3.During the current license period, the City reserves the right to require a reduefion in the number of license slips commensurate with any reductions of habitable dwelling units which may occur during the license year. 4. resulting in the reduction to 5 licensed slips for 1994. V Nothing in this license shall confer upon any person for the vested right to use Lake Minnetonka or the premises m a manner permitted by this . l^tcTcof^c Minnetonka and the premises shall remain subj^l to such ordinances as the City and other competent regulatory authonties shall deem necessary to time in the public interest. ISI * i • ^ • H ® 8Ani -<\Q \ I • I I I CITY I 1 ORONO City of OROIVO resolution of the city council NO. —----------- (TRAHTING A CONDITIONAL USE PERMIT PER mm^ML zomuG code section 31.108 and per section'3U US?GRANTING A V^IANCE TO N^ICIPAL ZONING CODE SECTION 31.101 - EILE #773 WHEREAS H Richard Zuckman (hereafter -applicant-) has nade application to the CitVof Orono (herea£»r i?aSdit?oSTsVek?a°Sp?ovVl oV.n -after the fact- unauthorized change fro» one nor, conforming use to another non conforming use; anc WHEREAS, Robert F. Suess, Joan L. Suess and Charles J. Maclosek have an interest in the property legally described as follows: That part of government Lot 2 described as beginning Section 17 thence East along North line of government Lot 2 distance ifi2 3rft thence South at right angles 148.5 ft thence West along South lini of North 148.5 ft thereof to shore of Lake Minnetonka thence Lrthwesterly along said shore to West line of said government Lot 2 thLce North to point of beginning also that part Section 18, Township 117, Range 23 lying South o. North 33 ft thereof except roads. (hereafter "property"); and tniEREAS oer Section 31.100r the applicant and proposed new owner of the property h« app?ie'^ for a coVitional use permit to allow the continuatloh of the legHnoVconforminq useof the property and per the directive of Section 31.110 as follows: 31 110 APPLY TO "USES* ONLY. The non-conforming use provisions of the Zoning code apply only to the use to which land and buidings are put, 0"^ <3° not apply to situations where location or height of structures, ° , .w the factors not Involving the use of tne premises prevent strict conformance regui-Lents of the Zoning Code. Where, however , such a ,v «oulre leg^irunder the prior applicable law, the Council will not “"f s«lct compliance and will generally look with favor on granting of a variance under 32.300. seeks a variance to Section 31.101 to permit a change from one non conforming use to another non conforming use of the property. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 3^, The application was reviewed as zoning file no. 773. 2. The property Is located in the LR-IC Lakeshore Residential Zoning District. 4 N. CITY City off ORONORESOLUTION OF THE CITY COUNCIL 1572 OF ORONO 3. On September 13, 1968, the City approved a conditional use permit for an existing non conforming use of the property; the conditional use permit approved the continued use of seven dwelling units (cabins) as a seasonal resort on the property. Prior to a 1968 Conditional Use Permit, a seasonal resort, referred to in past years as Zak's resort and in recent years as the Sandy Beach Resort, had existed on the property for over 50 years. 4. During a period beginning soraetine in 1968 through 1971, all seven residential units received sewer service and each cabin was charged for one sewer uni t. 5. On August 25, 1969, the City approved the issuance of a building permit to permit the reconstruction of a residential unit (cabin) totally destroyed by fire. 6. On September 29, 1971, a report from the City Building Official confirmed that six units were used as permanent year/round rentals and one remained classified as seasonal rentals. 7. Charles Maciosek, the present owner, purchased the property sometime in 1977 and has confirmed that all seven units were used as permanent year round rental units. units 8. At present all seven units are used as permanent year round rental 9. The cabin structures are old but have been maintained on a regular basis allowing for safe use by the renters. 10. The use and maintenance of the seven cabin structures are subject to the standards and guidelines setforth in the non conforming use sections of the zoning code as follows: a) 31.102. Nothing in this Zoning Code shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Inspector, providing the necessary repairs shall not constitute more than 50 percent of the fair market value of such structure. Structure shall include such accessory features attached to the structure or located anywhere on the land, such as signs, marquees, monuments. As of 1980, the assessor has placed a total fair market value on the seven cabin structures at 37,700. According to Section 31.x02 repairs to each ;tructure may not exceed $2,693.00 in each year. (50% of $5,386.00). This figure will be adjusted with each valuation change for structures on property. r / I ■'I CITY 1■ ORONO City of OROIVO resolution of the city council NO.1572 b) 31.103. When any lawful non ccnforning use of any structure or land in" any district has been changed to a conforming use, it shall not thereafter be changed to any non conforming use. c) 31.104. Whenever a lawful non conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is seventy-five percent (75%) or more of its fair market value as shown on the assessment records at the time of damage, in which case the whole thereof shall be demolished, and any construction thereafter shall be for a use in accordance with the provisions of this Zoning Code. Based on the current valuation of each structure, if repairs to structure totalled $4,040.00 or more the damaged structure would have to be razed ^75% of $5,386.00). d) 31.105. Whenever a lawful non conforming use of a structure or land is discontinued and remains discontinued for a period of twelve (12) months, any future use of said structure or land shall be in conformity with the provisions of this Zoning Code. e) 31.108. Normal maintenance of a building or other structure containing or related to a lawful non conforming use is permitted, including necessary non structural repairs and incidental alterations which do not extend or intensify the non conforming use. Non structural repairs may be defined as follows: 1, Reroofing (partial or complete) 2. Siding (partial or complete) 3. Replacement of windows Structural repairs may be defined as follows: 1, Replacing foundation (complete, partial, one block) 2. Repairs of studs within framework. \ . 3. Enlarging or changing size in any manner of window and dopr areas. A I CITYI^ORONO City of ORONO resolution of the city council NO.1572 All allowed structural repairs may not exceed $2,693.00 for each cabin structure for one year period (50% o , n 31 1.9, w^^‘l t*hA‘w%^tri provided t"ry -ill not increase the number of dwelling units or bulk of the building. ,, o <1 firtaes t-h*» chanae from seasonal resort use to permanent year 11. Council finds the c ^ lace intense use because the permanent ;enfer"u«rVhe°‘cabir°«' a ^sidenoe resulting in less use of the limited/riparian shoreline than the seasonal user. in ThP seasonal renters would often rent on a weekly basis fe^TSert^^i-ihi fs^^oV; ot-ce?ned'’-irh^'tL property. to the weekly or seasonal renters. 14. The City Council has considered ‘"'\“/‘2ta£f'findings and recommendations of the Planning Commsslon reports ^Sn ti ^l:tsTsrirr'^eL^?lrnr r p^u^’b^r^hVaYth! safety and welfare within the community. 1*^ The City Council finds that the conditions existing on this pHsHve^a substantial property right of the owner, and would bei" keeping w.th thrspirit and intent of the Zoning Code and Comprehensive Plan of the t y 16. The City Council finds that granting a aoDlicant for the continuation of a non conforming use of ^ ^ , to the y^^r round «ntal of the seven cabin =«««-«-“I«> "^/AtiU irdlpreci^Se ssffitiv or QcnsrsX wcXfsro o£ tliG piioXiCf n ii,— hv surrounding property values and the level of ’Jse of the P^°P®^ Code will be in -*»rtinent sections for non conforming uses within the Zoning Co , plan v^eeping with the intent and objections of the Zoning Code and Compreh of the City. / 'I CITY I OF Borono city of ORONO resolution of the city council NO.1572 CONCLUSIONS, ORDER AND CONDITIONS Based upon the Richard Conditional Use Permit per f Ag property and per SEction 31.110 grants continuation of less intense non Conforming use to replacea variance to Section 31.101 to^alio « following conditions: a more intense non conforming use su 3 1. The storage of boats on land shall be liraited to three fishing boats less than 16 feet in length. , . c «ii eesirc frpnters and visitors) must be on the2. The parking North Shore Drive,property and not within or along the rignc ot way . All building repairs must be reviewed by the Building s Zoning re^f^rtdi f-^?ng-t^TaBrr-rriroluJion\- 4 Applicant as the future owner of the property is asked to seek and sploy methods to reduce excessive hardcover on the property. 5. The City will approve no future variance for this property S The City Council hereby reserves the right to review and/or "odlfy this oondUlonrruie'permit, if at any /rth^l^ss fntT^se^se"o£conditions of the subject permit to be «olated or i'^e less property is found to be detrimental to the health, sa£-ty r.nd puoi Orono citizens. 7 Violation of or non compliance with any of the terms and Jm“/icnry‘t^erm?n‘L rn^-h^oVity g ”nL^^‘hTre?n^ aVI sh^Tlbl pu°nishable as a misdemeanor. R the undersigned has read, understood and hereby agrees ^he terms of this res'olution and hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this ny^^nber_ _ _ _ __fl9 83/ by a vote of _J- - ayes and day of nays. ATTEST:CITY OF ORONO Af£ertTMVb t r I ty CrTr k Mary erTMayor City of ORONO L«CITY resolution of the city council NO. ————■ •m OF ORONO I Property Owner(s) (4)Property Owner(s) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. , / , ^'TZJty, 1983. before me a Notary Public 7^ “V' .."r m hemmimm cougnr^ NOTARY PUBLrC MY COMMISSION EXPIRES 0 L. t ■'. I : ■ It ■■■:••'• t'T' rw •n -w :’: :.V;, \m ;r;nr *4i m #« ♦ RESOLUTION #1571 #773 RICBARO ZUCKMAN 3995 NORTH SHORE DRIVE .» CONDITIONAL USB PERMIT RESOLUTION #1572 clarify. 1a.- » :#«ponilbl9\fb1r-f?!5g ••■■ > -•.* »*• .v Aa- : J counc 1 imcnoer «a#raa su^^voww v. harnlass* language be used to resolution that the City will not be financial losses Incurred. ■; . -V, Mayor Butler moved# Councllmembet Hamraerel;seconded*«, to adopt Resolution #1571# A Resolution Approvlng-Tbe^, request Of Carl D. Parten To Apply For A Bulldih9.^|J Permit Prior To Pinal Subdivision Approval# subject.to; stronger "hold harmless* language being'ineludedn* that this approval is conceptual only end-'ell‘flnp^^ agreed upon improvements of. municipal sewer’tllh# miK S3S>«V‘ a ^ % V W ^ ^ m m rnmm ^ m w «« ^ ^ ^ — . — must meet with City Engineers approvel/:;:;Mtl6n;^y4 (5)# Nays (0). . . y A .• Zoning Administrator Nabusth stated thatrat^thejlai meeting the Council conceptually-,r approved :‘^hl application giving' the applicant two;;alterhatl.VM Nabusth stated that the applicant choseito ablde^y^h strict Interpretation of the^ non-confbrmtn^ua sections of the toning code. "'Mabusth^stated^thli Richard Zuckman has signed off on the resolutloivandA had no problems with the resolution, i Nayor Butler noted that even • with'“the‘<dolla 1 imi tation placed on each cabin that each year he'co.iil) over a period of time have practically a new bulldJlJM Councllmember Prahm noted that this ls'llmpoaslbie\.t< police and who Is to say that the applicant:wlll^ye come in for a building permit. > ' S .. .life'.'/-' '. pT'vV.*' ‘ ' ■ j'i.' •^7 ui.. T* Councllmember Grabek moved# Nayor Butler aeeonded»^tt adopt Reeolutlon #1572* A Resolution Granting-# Conditional Use Permit Per Municipal Zoning^Code Section 31.100 And Per Section 31.110» Granting’# Variance To Municipal Zoning Code Section ,31*101# allowing the seven cabins to. continue. at a>nOn- conforming use. Motion# Ayes (4) #yNays (1). r,. Councllmember Prahm voted nay because this non­ conforming use Is Impossible to police and that there is no guarantee that the applicant.will ever come In for a building permit and that if they aregolng to continue * his non-conforming use that they may as well reione it. ■' m?-fe- m*i"« .#awsr^i \tAi iWtF'iS cV’ ’?1l gWv.TFr-^-^ rS^^^-7. ^:'4‘"“^7-. •'- ‘•^■•^"■ :• ■'■•7-. ■-''77:- ‘•;i ’Sl5ftle«''to:l''-'’“/Charles Maclosek ; '• • i:^;7^\7Ii -a/ • - v‘^^; . • v‘?i776 PreiBont Avenue South'* 4-------;'• .. : ^ USA DCFTii-ti ^^p^^^sfelon 8uh^e.ct_ motion r-onf-opfua? 1y .innrovp VOUr COnd itiOnff i U80 ♦„ V.„r naunq . deterninaticn a» to tho tollowin, option, ot actl^ , - Accep. ircpptive. . . . . . . .. “" r..ta.ntl.l pnit if all non conforn.ina uses ore phaaed cut on th. proparty .Ithln 1 y«.r. n ■ . . . .. non nonfonn,ina P..S t, ranain under th. .trlct lnt,rpr«t.tlen_ot the .tandards for non contocminq uses. Council has ashed that najor ..n.,nt„t.l repair, he defined fn, arpllcant if he ch..ee. thl. eptl«u rle.ee advlee .e of your choice so that a resolution can be prepared f^ 1 _jj 4^ seViA wurr^ntv or contract d^ed on the property* , ,, — rhit I. ......................................................... DEADLINE DATEi.nCt tarviae ■ ^ , for jubmlttal of new information ®J”*Jfjidedlformally withdrawn If Information or explanation la not p for Work Permit application for work to begin for work to be eompletdd WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning VARIANCE APPROVAL Is United to the extent shown on SSNS!4iSrL*Ssi‘;??Rmre%“%r;7"7^;;g%^7 ”%^^^^^^^^ o*r“:.'er'’^” • ■miIMlMARY*sUBD*V*S*o”APPROVAL - Applicant SMSt RTOYffl and/or inprovements required for final approval. Contact Zoning Fm"‘sUB01VlhoN APPROVAL - Applicant swat have and all other required docisnenta recorded, with certification o recording returned to the City by deadline date. --—r-err Certified copies of official City Council Minutes *^y •** date. contacting the City Clerk. Allow at least three weeks from me g '€mmM r?5^n^ '*'^1 ■l'(:C vvt; «■ L*l-'fi; •*ffA • ; ^‘vrM 5>-*I w/:- ^t'*!'*'.--j w .,.•<*., » • . • . : • V . - *• '•• :\> .•■« . <>• \ :<* •' i t f » - ,,•!•<. •» *f •i T'*''*-.^ •* »;, • 1?^ r. ^ r ’i- Uv. ^"■'• '7'>i3>,’«rr • ■ '• • **‘ *! .’i.--: ‘ ??'.' ’• w * ■<ih ' icjino Hi^t rrih« •ov.a, Coulwaii««b«r?;8rtb«V ACuing nayw ymbim the Lake Minnetonka Ho«a*$, application until the applicant can attend neetlng. Motion, Ayes (4), Nays (0)• RESOurrioM #isr4 1770 RON GRHRINC 1396 BALDUR PARK RD VARIANCE V^73 RICHARD lOCKMAH 3995 NORTH SHORE DRIVE CONDITIONAL USB PERMIT *'•* > Zoning Administrator Mabusth noted that Ron Cehring had signed off on the Resolution. CounciImember Hamm#‘rel moved, Councllmember Gr«J«J branded to adopt Resolution 11524, A Resolution ~ranting A Variance To Municipal Zoning Code Section 3;!Ss2 to ;,rVl t eo„,troctlon of . Pt ‘"=‘P*‘• t? on a Moirty that consists of 12,878 if lD»te«d of the • ^ :;;uf»r2',78, ,f .nd h.. 5, f..t ln.t..d of the required 100 fe«t» resolution. Motion, Ayes (4), Nays (0). •*i *<3WFM Richard fuckman, Scott Hann and tha K* 'M Macloaak -ata ptaaont. Zuckman is in the process of buying the land. Richard zuckman noted hisrecommendation and noted his problem with the phasing out of tne buildings. -■*:!*; Zoning Administrator Mabusth noted that JJ another all the structures "/Vnoted that at one time any of those structures may oe .. deemed uninhabitable. e>*' Acting Mayor Frahm noted that there are 7 ‘ < unlt»\n an acre and a half i.lb^ bv "eventually bring the property back to code maybe by setting a phase out schedule. Councllmember Gf*he*t noted th«t the Cltv sho^^ the appl leant on notice that I f the Building OfMciai deems any of the ■tructures unlnju^bltable the buildings will have to be torn down Immediately. Til rrjfi ' . ? _ ' .r »- y. . . . '^irr*--'V , -; M phase oufsacnou. •. v^ .r-?.v''«fT " Acting Mayorseconded, ^o "PProve a co ^ of approval to _ ?i^ru5e*^%“-7lo^?nVAinta:.-V-' 1. ude tiie toiiowii.y t~ wi. ‘'*-^'- ^...ides to eliminate 7 usable ^ «j;r\h./^i.c.,. p«p.«‘v. t« <ltKlQeO ''. '■>&. 2. Is rated. 3. is rated. ..^i. c„., -1, .t Jij units. ■ r if[ 4. unibS. f h»ats to three fishing boats on Limit storage of boats to tn . ., land. . . V 5. 6. aaswsK •"•” “rr.«s-s:?Ar-““"“-" 7. " h Id continue to aeek and employother i:?Ur."o ‘ »“dae ”S .«•■•*« • sa nr\v.3 ‘nK~‘->«?“!;‘Kr."\-"Uid.bi. lot, th.t .r. «t« *s;j amount oi -• ©f tnat i* t-y- "i?r;iu"bJTortr?.‘j;:A»’; «p - coa..this will oring r--^ Councllmember Adams ?®‘?Jj©©Vng^ tha*t alvlnQ up scmtthlng by ®gf mnrm but th®!lrlvft’;'.v ?s.‘"op't'.vrc"rs.%'i"4 tn,.. ooua-oi. lets. : te • ^ < V / mmmmmm ;^-I«cyi M r^€ i/ ‘5^. ./j %- .* • ^ ^1 si \ :-v<^ •v‘-v- y .' ' *- •..;• r •f. .Itetlon. >y.» Counclln«iBb«cs Ad*a# -•nd Cftb«lt vot«d*'*J^*^\ ^***5; stated that he dldn* t senta any desire ortAh^pert^«f either the property,oener;ior . ^ ^ ^ ■•••*’* . . , • * •* S'*' Councllmeraber Grabet Moved, Councllme«ber seconded, to approve a conditional use petMlt_ for Richard Zuckraan and direct staff to draft a resolution of approval to Include the following points: 1.Staff to work with applicant and owner in drafting reso1ution• 2.Appl leant must decide now which option of approved future uses of the property Is most acceptable as follows: a) Allow the units to remain subject to standards In code for non-conforming ur.es/structures OR. b) Establish reasonable phasing out schedule for the seven units. Offer an Incentive for an early phase out (within 2-3 years) and given an additional unit credit over allowed 2 (1/2 acre per unit) for acre site. 3. 4. Limit storage of boats to three boats on land only ■- n . ' .V . . • • ^e 5. All building repairs should be reviewed by the Building Department. Parking of all cars must continue to be on the site and not on North Shore Drive. •v. « ‘f %• Appl leant should continue to seek and employ other methods of reducing excessive hardcover. 7.Specific structural spell out on the standards of ■major structural repair". Acting Mayor Frahm stated that that would not be enforceable by staff. now. Motion, Ayes (3), Nays (1). K rw TT. V % . / •IW ^ . Js' *- ; ^ . .- ♦- - .* •«• • ‘ ' . - - XV. ;v DATB»'‘^^—1983 - * » • • n‘ ^ toninq , Mge permit to continue legal non-confor*lng-^*r.ppuctlcn - condltionpl „„ o„er,hip .nd to formally approve change from seasonal rental to /ear round rental. LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K - Application - Plat Map - Property Owners List - Sketch/site plan of property - Questionnaire - Permit Application - 1968 - conditional Use Permit - ?o tgea - Application for Building Permit ~ JJ' - Memo - Building Inspector - July 10, 1969 - Memo - Building Inspector - ““JV 28, 1969 - Council Meeting - August 25, 1969 - Memo - Building Inspector - September 29, 1971 . '< * '• •lr\ r h*v* reviewed the address file for the subject property In order to piece together the transition of the •®®*°"J^ To71 and th® exhibits selected for your review would sugpest that .21 "lly s2.” oi thst trlnsltion. Clearly, thia change, !? it «rr?o oi«r toSay, would have been considered an expansion of a non-conforming use. negotiating the sale of the property necessary conditional use permit, the gradual upgrading of the property as did Maciosek. He will rent all seven units. The prospective buyer was advised of the City's concern SJ intehae uae of the 1 acre site. Th. buildings are old and will very soon need major structural repairs to render them sere for habitation. The standards setforth for structures will not permit major structural repair of these structurese ’•* • .V''. ! -- - - \' '■;- standards. property te':. J-i.-v'---. *r /• •■^Tho applicant would prefer being allowed to taatotato the jpr^^r^ • under the strict' interpretation of the non*confonalng use i,,,. ordinances rather than entering into an anroeaent that would • — require the removal of each unit by a specific date. The Plannlm Commission review also touched on the use of the shared dock. Staff would suagest that controls over the shared dock’s use would be best left to reviewing bodies more experienced in such matters as the Marina Committee and the LMCD. Please review the Plannina Commission minutes of August 15» 1983 that approves Zuckman's conditional use permit by a 3 to 2 vote. I would suggest that Council refer the conditions cloallng with dock use to the Marina Committee for consideration. RECOMMENDATION FOR COUNCIL ACTION Approve a conditional use permit for Richard Zuckman and give conceptual direction to st-ff to draft a resolution of approval to include the following points! a) Allow the units to remain subject to standards in code for non-conforming uses/structures or establish reasonable phasing out schedule for the seven units. Offer an incentive for an early phase out (within 2-3 years) and give an additional unit credit over allowed 2 (H acre per unit) for l-*> acre site. b) r.imit storaae of boats on land only - Ordinance 37.120 allows boats less than 20 feet to be stored on property if the storage of boats can meet specific performance standards. This property cannot meet such performance standards - Boat storage on land should be limited to no more than three small fishing boats less than 1€ feet in length - larger boats should bo stored off the property. • c) All building repairs should be reviewed by the Building Department. Parking of all cars must continue to be on not on North Shore Drive. the site and e) Apolicant should continue to seek and employ other iMthoda of reducing excessive hardcover. '^4 , .\_?. '*s i;^ ■ * * ^ Jr>. - >\ ^ W y. > ■ "' -'»■' • , •- mm. • r.v '• .'V Approval:’ Approval?" Approval: As'submitted '• ’•' Subject to conditions noted Additional information required Denial: For reasons noted -. • ..•:. •./ -■ . r'- Tabled: Pending receipt of additional information'from appUcaftfef.^J^ be fore - Oo'Uhfeil'-: . ... Taoiea: *^nnainy — - - - - - - - - - - i ’» i " J Tabled: Pending reviev by others, or further Planning .OoTOlssiOn^ K, 3cUc„“r::^ir,a ,'l-6 WSSS^^ y.t ■t':^ • notes • AND s>Eci;i-• CONDITIONS 1) The use of the pro^rty ^ Standards setforth in "the non conforming use sections 'of NAe-aunicipel:^^^ 2l‘0%mer must stibmit air boat licenses for boats kept\>t t done at'-the time’~of the Joint Use Dock License r»vlewi33FPArkliA o*'D£-A^^ must continue to»be!;on the site and, never permitted- on Nor^th/^iiogfcfbifiW watercraft regardless of length or ."Whether stored on' lend be*hept at-4 units w 5)' Air work done on the gtrttctoree"Wuet building inspector .to assxxre compliance'with non:cdnfot»iAtf^sedfciDhiftj^ ■ . •••• .. * • * ; • « -I , v'- - ' • • ,1 .Applicant*8,next scheduled . • ..' Planning Commission Council >«3M3r»^ 1 . A- ^ ^ ' A%. '■Xt .'■ '-A' V - ’•'C* -- rri : Applicant's next scheduled meeting is dependent upon?recelpt*;Of^ LJ y, 4nfnymj»f Ion. Deadline for the- '_ _■■' *^ - ■ •■ J-. . t y. A *• vVr^re^ A^edditional information. Deadline for the "‘>fc.‘V.'-meeting is • i or - ■ - ■ ■ ■ -•■■■■.--^y "- for the * V r., . - - .J* . . -• ‘‘'v r./ cases, the application must be continued with.^e-^su^ittelj^f apfevK.’.! V :.\;t ‘ HBTBrarawjSftVV. % ' f TT V:'‘Vkr: ' ' ■ '■ " \ '■ * ' . •' ^ 'J * _ ■■' ' ' ' . ^ • 'mi:t,!■■ -fi'teij" I. ' • VL*li .V \:^ . V"'* ••• • ^» >.••*.»•• ^*'^'-<, ' . *.. *• •"v -»»< ■ 1^/ '' '■'.' - ,-;••'•■ ■■••' ••»." ■^:. *1 /*f. .'V *:5 -*-~ ^ ^ . fc-- ,'Z' K r* -1. * • 4*^ ' V ev t' ; / « * V •* “^ ^** * • /,..o v ,'v';:7i' •• ■••:•.; 4A' . i A . r «Jf < ■ I .' ’ *J>’ ■•■;- >* V*.- ■V-':<■(?m ritaibltii'at'‘'ahydbB®>i^^ th«f uttiri^tha t^^Tg .1' > y ' 3r5'^' aqaln nalntaining'a kennel on the premises. In 1982>, the: City-..deaMtitfe^l the kennel bo removed based on the intense commercial use of the MVmraiy; limited residential property. The kennel and dogs must be reroved,^^^. •?., Thursday, September 1. 1983. .. Please contact Jear.ne Mabusth (473-7357) if you have any questions concerniflY this current violation of the City Code. ‘ You will be advised when your application is scheduled for Council-actlon»^>'^i' ■• . ■>; *. - t *• .♦ ^ I •• r-, -•*•- •. t^ vt*... • ^‘ ..vV >v . I ' * * * \ • *1 **■ £jl • I'-i f M; TWnrfHM^ : 3 :r *f^ *^-r a’, • «:r*,r?^ •» •‘- •W:Q^4wwobjV<!‘‘®’>» ‘® "’•■’'•'l*"'?.v''Kri'“'4i -?J^4«isX '^It thb’appllebtlon Involvtd • IJ .:i; J; ?.;^? U i-'‘»hs:3';;^Mid. ^ ho®«» «'! • »4’ *”;i*i'‘ 5 '‘’.1je attached to an ,axl«tln.d|-vwock slwp '• . v*'f ' km #773 RICHARD ZUCKMAN 3995 NORTH SHORE DRIVE CONDITIONAL USE PERMIT T - Kwilev noted that he’could not approve a hardcoj^^ . ^2 J«%hin the 75* - 250’ setback area and.atked ^^e';pp^canV"wha^• lyp^ o^^r.deoff he could «ke. R®'0 Luesse stated that he could remove the root cellar. Kelley moved to approve a side setback vjrJjnce for .additions to house and detached garage based on the following findings:,,f~. 1. Location of house and other improvements on lot. 2. Location of retaining wall In street yard. 3. No additional land available. Approval is subject to the following conditions: 1 The extension into the lakeshore side may not exceed the substandard setback o 5.5’ . Turnaround provided on site. Firewall construction on north side of detached garage per building inspector's approval. V :l 4, No future variances granted to this property Slme seconded. Vote: Ayes (5)» Nays (0). Richard Zuckman and Scott Mann were present. Howard Johnson of Concordia Street was present. zuckman noted that he was not ,*?!![ conditional use permit but a renewal of the existing conditional use permit. Sime asked if the building Inspector had the buildings. ever looked at Mabusth stated that he had whenever a building permit was Issued. that at some future date the structures will be deemed unlnhabl^ibl«. I .T ,v-:' .v^- - - ■. - 'A ^ ’ *__i!___- .n^,,r»l'^.T»Tig « I r\»*^ f" fi I an existing hardcover l[7ll.VproV^^^^^^ property. Rovegno stated that written comments to ^he Council would he best with a list of the problems that Mr. Johnson has had with this property. Koll<?y noted th^t there Is problem now. Scott Mann noted that the hardcover was reduce at one time too. Rovegno moved to approve the . A>J- application of Richard Zuckman subject to the^,^.,^^. following conditions; A-V^y 1. The use of the property Is subject to the standards setforth In the non-conformlng use sections of t municipal code. 2 The multiple docks at 3995 North Shore Drive sr* :‘vM" lo? th. .Veiu.lv. u.. ct Further notice that on an annual 5!?^' boats kept at the docks that copies of the registrations be provided. ' ' 3. Parking of all cars must continue to be on the site • and not on North Shore Drive. 4. F.-.ther all watercraft ^*^-^1^*®® lorsepower, and whether stored on land or water, are to be considered boats, limiting the property to A boats. 5. Any work done on the site shall be reviewed by the City Building Official. 6. Applicant placed on notice that If f^AW^liMeat City deemes any of the structures unlnhabltable at that time that structure will have to be removed. Slme seconded. Votet Ayes (3), Nays (2). ■ '^r IT V 3S'dSt'&e ■M-' '■ r if^ir ■ ■• ■'■r-£;^?rp! J.„„. ». «.bu.th; «tM» • : « * - fc—->-^«. I,. :V ■m \ ^ '•a IUMUS^ 11 • . *♦ - - V r >. i*«% north Sh®** Oci^ ” 06*S41tJj 1773 - Richard luck»*n - 3» ,. v U»« Penait * ^ ^ *sndy h»«ch Shorca un«r n y«*r-ro«nd lantal Chanq« Iron seasonal rental to List ot Exhibita Exhibit A - Application Exhibit P - Pl«t rw«^r« List ssibU r - ?suuTs;.i o« p.r«t - iM« ilb S: BS"1S iJ: 1’".IHHl 1 i ».^ I ham r.vi.»»<l th. «klr..a m« i;*rlMjrto’’ySJ-rJ«i4 t««t»» IwiM. "« JoSJJh.? thJ wanaitlon ot th« ••••""^ IJ'JHj w4 S. oKhlblt. ••»•«»•« v-j b.« ' Oi.rle. H.clo«k. «••;,n"?i;ir{o;*: r::i.£- - ■ applicant. Mr. tuckman, is P neceaaary conditional u»« P***i^: JSJKlYHni'trpnt^^ ” co-pUl«t. —.no - ^ The applicant should be adviwd that the PJJPJJJJ JJ advieed, that et m ISJjJK to .11 crtlnont XvSibtj”. . P»o .pplle.tlon or SJ^intrScti^l^rJ^iU. irr."Sii^?2.*o ..to tor h.hlt.tlon. > ‘ ^ ‘ .4* V.-ih^^ 4 .. .jX :X!>'^ ri ‘: -V F - y staff reo •'»• U.i tndatlonsi rn^'m 1^ 1 I » to approve the conditional uaa pernit’application 9* to continue the non-con forming use’’of the property* locatod^t^W5fttdr|thw5^. Shore Drive subject to the following, .condition*t . 1. The use of the property ia subject to the. standard* *etforth lii^the^-"-^ non-conforming use sections of the municipal code*' -j- - .,* »' 2. 3. 4. The multiple docks at 3995 North Shore Drive are for the exclusive u*e, of the tenants/rentera. • *:ri^ '•^1Parking of all cars must continue to bo on the site and never permittedJf^^j on North Shore Drive. ‘ Boats In excess of 20' in length may not continue to be stored on the property based on the intense use of the one—acre site* . r- '■1 ' ' -J• - 5 • • % >U.' Ni‘-t:j l.K'.ivit :■>;;?.;-, I .S" i v: ■' 4:'^’x.''‘^r.'“:r’^ *:•, • • % ‘ • • .. '"'.'T'-^'*^''* ■; I ■''^rhir^'>*• *>I ’.•<■ *»--. ' • ' ' __ xrf: i 1' rJ' m>^i •• ' i C _ ■•<*>' rf.^4 M_r Ordinance Re<^irenents.i5L I ••^.■ ■:V ; ^.. ^ • j^iif ^flS * Iaa .TrT 4'> ..'.-V V JL ‘' ’• •*' ■ t « .y,..^fmf \ v.T •* . • iipialn-icur request and reasons for sane mmmm i ‘ wl a ». . ^ • fc i • • . t vk.*.' .a".* o4» ^rape<*tlj >? ftogVinuSe. •V ~ %*• •*.. > ' ; - ■ ,. \ A..' i,llK...>>V^ V - —_'1_ • «U>aILw4rm"AVv^' ^ Other« expU L/it ee,* '^^-....< t-r •'avnr,.^j nSlEt'-jt-!iivir.‘[M i I ,\ ;.V'.^ >-nfl» i‘.’a». •- J^:i.'£arOTD------- ----- 1^’V4«« *rt4.T, - V •; ;•**. , i; A - v*.^ ■:i\. ■ • • i-r^^; V,-;'.: • ; Icatlon *:■ .. V. ’ > ‘T:;: iM’nj v : ^ »>.Hor\iot»:_____ __4« uyyri^f md ttnl on t * ■ 'VfeiS V. ^ .». •“ •,S*< ->,' : MSI^ WTEKIM. KECISS^Y rOR iPtAaiti^pd 10 da\^ prior to Plannixjg, O0Mml*Bl©n a^tlJ^Vw eoBpLtcd 0 Ix^Xst-Tcep section 3^'Osrtlfieete of survey of property ; Hennepin Oo. Dmp^,oZT. . . ^J^^StSMoeetien end setbscXs of _ A-603* — -• (^T\ stanped. Is9al sired envelop^ nr*«eadilraBaod tc • ich Of :th#Tlir^peopoeeL^ — ^*.P tc on the above 11 Applicant's Signature . ‘.v ;W M TO: FROM: DATE: SUBJECT; Walter R. Benson, City Adntinistrator Jeanne A. Mabusth, Zoning Administrator April 22, 1983 Sandy Beach Shores - 1983 Joint Use Dock License Application - New List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Gerhardson Memo Exhibit D - Bilger Letter j ^ i Exhibit E - Johnson Approval and Proposed dock layo Exhibit F - Plat map designating fire lane Exhibit G - Marina Committee Minutes - April 6, 19BJ Exhibit H - Resolution^^e^jjf^ 0 Background on Sandy Beach Resort/Shores Dn c;#»otiember 9 1968, the City approved a conditional use permit for a nSn-conlS^mlng'usrfir the owLr o£ the Sandy Beach Resort to permit the continued use of the residential zoned property as a resort/commercial use. At some point in its history, the resort became a year-round rental multiple dwelling use. The files would reveal that the y*® fully aware of that change in status and nevar sought another conditional use permit for the change in use. This change occurred sometime the Qsiriy 70's. The new owner (as of 1978) has maintained the cabins a grounds - we have received no complaints from neighbors except for one that was initiated by a tenant of one of the units. The applicant asks for seven slips for his seven rental units. the proposed dock layout. The proposal consists of . 56’ with four slips and the second at 38' with three slips. The P use docks have been there for many years without incident. La^t Y^^r, owner to the south, Howard Johnson, asked that the most southern dock be readjusted so that it did not encroach his dock area. Maciosek realigned the docks to their curent layout. Per Lake Minnetonka Conservation District Ordinance »nit) , allowed densitv with 185* of shoreline is 3+ boat units <50 p approximately four. Applicants current and previous I llnsity ratio 62’ per boat unit. Note: Ordinance 3.081 does not permit ® the greater than one boat per 10’ of shoreline. Applicant is well witnin the limit. Sandy B«ach Shores April 22, 1983 Page 2 The dock use area is severely restricted by the extension of the abutting property's lot line on the severely curved shoreline. The Marina Coiaalttee has not required a survey of the dock use area since all involved property o%mers have submitted written approval of the dock layout and use of Sandy Beach Shores multiple docks. Review Exhibits C, D, t E. During the review, the question of the legality of the non~conforming use of the property was raised. The majority of nsenbers felt that this issue would be better addressed by the Council. The owner/applicant should be advised to file a conditional use permit with the City to review the current use in relation to the previous use level under the former conditional use permit. At their April 6, 1983 meeting, the Marina Committee moved unanimously to recoitincnd approval of a 1983 joint use dock license for Sandy Beach Shores per plan for two docks with seven slips, dated March 5, 1983, based on the following findings: 1. Adjacent and affected property owners have approved the dock layout and use of the shared docks. 2. Docks are located out of the heavily trafficed areas of the lakr 3. The multiple use dock has existed for over 20 years. Approval is subject to the following conditions; 1. Adjacent and affected property owners must submit written confirmation approving the usage of the docks with each license application. 2. The seven slips are for the exclusive use of the resident/renters at Sandy Beach Shores. Although, this issue was not addressed in the Marina Committee recom­ mendation, staff would recommend that Council advise the applicant to file a conditional use permit for the change/expansion in the non-conformin use. TO;Marina Committee FROM:Jeanne A. Mabusth, Zoning Administrator DATE: SUBJECT: April 4, 1983 Sandy Beach Shore - 1983 Joint Use Dock License New Application List of Exhibits Exhibit A - Applicant's sketch of docks on plat map Exhibit B - Bilger Letter , ^ ^ loo-. Exhibit C - Johnson's approval of dock plan for 19bJ AS requested, Mr. Maciosek has submitted written conformation from the fediorrnd5^Brriho?^-l?^c-i?:ee-;e^^^ concern in relation to the proposed density level (seven slips per 185 of shoreline), members should act on the application. Staff Recommendation; To approve a 1983 joint use dock license for Sandy Beach Shore per the plan^for two docks with seven slips, dated March 5, 1983, based on the following findings: 1. Approval of the adjacent property owners. 2. Location of dock is removed from heavily trafficed areas of the lake. 3. The multiple use dock has existed for over 20 years Approval subject to the following conditions: 1. Adjacent property owners must submit written confirmation approving the usage of che docks with each license application. 2. The seven slips are for the exclusive use of the resident/renters at Sandy Beach Shore. m EXHIBIT MINUTES OF THE MARINA COMMITTEE MEETING OF FEBRUARY 1^/ 1983 ATTENDANCE 4:30 P.M FOXHILL HOMEOWNER'S ASSOCIATION NAVARRE COVE HOMEOWNER ASSOCIATION MINNETONKA POWER SQUADRON /.SANDY BEACH SHORE The Marina Committee met on the above date. The followinq members were present: Chairman Frahm, Goetten and Grabek. Mabusth represented the City staff. Prior to the meeting Garfield Clark, President of the Foxhill Homeowner's Association advised that he was unable to attend the rescheduled meeting. Commission members felt that as long as no changes were proposed in the dock layout for th<=‘ 1983 season that they could act on the aoDlication. Frahm moved to recommend approval of a 1983 joint use dock license for the Foxhill Homeowner’s Association. Goetten seconaed. Vote: Ayes (3), Nays (0). • The applicant, Daryle L. Uphoff, was present. Frahm asked that the application be amended to reflect the correct measurements for the riparian outlet. Finding no changes proposed in the dock layout or use of the joint use dock, Frahm moved to recommend approval of a 1983 joint use dock license for the Navarre Cove Homeowner ' s Association. Goetten seconded. Vote: Ayes {3), Nays (0). The representative for the Minnetonka Power Squadron was unable to attend the rescheduled meeting. Frahm noted that although the Power Squadron proposes no changes in the dock layout, he has questions related to the existing on-site septic system. Frahm moved to table the license application until the next regularly scheduled meeting of the Marina Committee. Goetten seconded. Vote: Ayes (3), Nays (0). Charles Maciosek the applicant and owner of Sandy Beach Shore was present. Members questioned staff as to the current status of the year round rental unit complex still referred to as Sandy Beach Resort. Mabusth advised that in 1967, at the time of the rezoning, the seasonal resort obtained a conditional use permit for a non- conforming use. In review of the files, during the sewering of the property, it was apparent that the City was aware of the change from seasonal to year round use. Each cabin was approved for 1 sewer unit. The City did not make “ >r,TK,> /-riMMTTTFP meeting of FEBRUARY 16, 1983MINUTES OF THE MARINA COMMITTLL MINNETONKA BOAT WORKS page 2 ,-u .,«or iDDlv for a conditional use permit. Mabulth reported that Maciosek has owned the property since 1978 and has continued to improve the site. The City has received no complaints concerning its use. is: fp”doi ^^rs^S‘o^%^:Sv:sSs^"e:fs? ISvel o£ use. A slip would be available £or each o£ the rental units. Mabusth advised that in the ibsense of a survey, it was impossible to SeSSSmine i£ there was su££icient dock use area Vo permit the seven slip use. Sta££ t=viewed the nlat nap of the immediate neighborhood noting ShSt i£ She side property lines o£ the neighbor to :Se northwest were extended that it severly limits the "Resorts" dock use area. Mabusth noted that this is a new application and that the L M C.D. would have to apply the formula of 1 boat per*5h' of shoreline. The subject property has laS' of shoreline limiting the density level to 4 slips. Grabek questioned the real need for a survey since Maciosek had reconciled the encroachment problem on the south side of the property two seasons ago and that unless the neigl-jboring oroperty owners were still complaining , the City should be able to make a recommendation without a survey. Frahm questioned to City would be held legally responsible if there was an accident and the City approved the license without some type of approval from the neighbors. The docks are far removed from the heavii trafficked area of the lake and the area is limited to local boat users. Frahm moved to table action on the licnese application subject to the applicant obtaining letters from the two adjacent property owners noting approve o proposed 2 dock, 7 slip layout. If the applicant is unable to obtain the necessary letters then survey of the shoreline and dock use area wi e required prior to any action of the Committee. Goetten seconded. Voce: Ayes (3), Nays (0). "HL?n”a C^mut^e "mt ur, that once again the application involves no changes from last years level of use nor in dock layout. Frahm moved to recommend of a 1983 commercial dock license Minnetonka Boat Works. Grabek seconded. Vote: Ayes (3), Nays (0). H TO: FROM DATE Marina Committee Jeanne A. Mabusth January 25, 1983 SUBJECT: Sandy Beach Resort - 1983 Joint Use Dock License First Year Application Background on Sandv Beach Resort On September 9. 1968, the City approved a conditional use perm-i t for a non conforming use for the owner of the Sanay Beach Resort to permit the continued use of the residential zoned property as a resort/commercial use. At some point in its history, tho rosort b0C3rne s yGsr round rental multiple dwelling use. The files v;ould reveal that the City was fulli aware of that change in status and never sought another conditional use permit for the change in use. This change occured sometime in the early 70's. The new owner (as of ^ •78) has maintained the cabins and grounds - we've received no complaints from neighbors except for one that was initiatea by a tenant of one of the units. The applicant asks for seven slips for his seven rental units. The lenght of the main dock is 56' containing four slips. The length of the auxiliary dock is 30' with 3 slips. L.M.C.D. Position I have reviewed the application with Mixa at the L.M.C.D. He advised of the limited dock use area of the resort property created by the extension of the side property lines of the lot to the north and west of resort. See enclosed plat map. In addition, the 185 feet of shoreline would limit boat density to a ma.ximum of 4 slips. The L.M.C.D. will not accept a sketch as submitted with this application (and as submitted to the L.M.C.D. in '82). They will ask for either a survey of the dock layout or a survey with an overlay of the dock layout. Note the applicant's sketch has not addressed the problem created by the intersecting side lot lines of the property to the north and west. I would suggest tabling all action on the license application until we receive a survey to determine the exact dock use area. The application is new and subject to all requirements of L.M.C.D. Ord. 3.08. EXHIBIT MJlcnr OF oroiiD p.o. BOX 66 CHTSTAL BAT, M5 55323 ^73-7357 LICENSE YEAR 19^3 (■tgoeldtlany A^^'PJAL JOIST ^JSE XCK LlCSIfSS AFFLICATICN * u 4*3 .^anr, to ;; re r.c : i c1.Coo-? C!:3''t*r D»ta Fora Sent ty City Staf* D«t« Application neturnei to City Fes Seieiied J L'O_ _ _ _ /-,77 - F? *y Eascloyee / 2> 3 ^ 0^ iLm Please coaplete all itens and autait signed aptllcatloa, required attachments, and license application fee to the City Cleric tyJanuary 1st each year. ASSOCIATION iriPOP.MATION S A(\)h/ 3(garK SKt> li 7^.010. license R».»quii*ed. No greup or association of rersons or fanilles, re.-e than tio in nu iber, vnetner incorporated or not, snsll ra.ee iny arrangerrent, vhether through a conrsor or corporate ovnership or otherwise, fci* the Joint use of any lake shore njnojjerty for svicoalng, bathing, fishing, docking or laoorlng boats, or for any other purpose, vltnout securing an annual license in accordance vlth this Chapter. 1. Association title or naee (if any) _ 2- TAXTA___________Bay ArM y ri?<; 3. Perso^responsible for this application: Qxs"VEbcnk ; ^77- S3v<;_______ Mailing Mdreaa l~7~74 Fnau^.-.A- Au... S. Relationship to Association • Jk _ . - 1 of U h. Atsoclotlor. is (checic »ppllc«fcle iters): ___ uaiccoTTcrsted hoaeovncr's group. IncoiT«r«ted Bcceovner's Association 5. 6. unincorporated club or recrestlon group. Incorporated club or i^reation group. Frincipal rorpose of Joint ’use dock is (check applicable iteas): ^ rtovid® beat -oDorlng laks accesa for realdentlsl propert:* frovide sviasii.ng tccess, leach, or offshore docs, profile s C.1U3 or astcclatlon gathering piece for activities. 6. Decs la located on (check epplicac-* Ite*): s private prorerty easerfint or outlet cvned in corron. prorerty leesed by tne group/asscciation. property ovnedl by the group/easociatioa. Lift Doc's location and ovr.eranlp infoi~".atIon; .dir?,. •? ? Kl. SKoir.,^ Dr.—Qrpr\B---[MJlZ P^oi- Lr>~ ^ r^-»»s<r A pio ♦ 17-1 1-7 -a.no- ll,t«d prepert/ o-T.er(») f -V ■ ft Cm\ P CA I C Insurance CoYirage - The Jointly used dong It Insured by ona of the follovlng: l/ee p i *® rioiLCoWiii* ^ s separate g-g&UB/iBBOQiatiieu uwatkl" puliay. list the folloving infonnaticn: name of insured ^ >l \tf ^ *3* ■ ]^Ao*iC ---------------— name of Inaurance carrier I’Xi fV ^ ^ ^ ‘ name of insurance agency ----------------------------- policy no. ^______________ effective date of coverage 3// amount of coverage; Public liability, per person, per occurence J Public liability, per occurence -------- q.-Uo «T:ntl'' used dock and property is provided by Security and policing oi the oOxnti^ as-u (check, applicable itetns): fencing.security lighting contract security service, other property owner's presence, (specify) DOCK INPDRMATION 10. 11. List Dock Use Area Specifications; \/0C f. T^n:rt.h of main dock frxjra shore; S4. ft.Width of shoreline; ^---------------- Dock setbacks fron side property lines at shore: -------- Dock Construction (check applic-’ole itercs): seasonal dock (relocated or replaced each year). permanent piling vitn seasonal deck. _ permanent piling and decking. 12. wooden decking.___-etal dec.<ing. / List Dock Accessories: Humber of fire extinguishers available at the docK O Humber of life vresei~/ers available at the dock - - - - - - 13. List number of slips in each categor:/ ("slips" includes boat lifts): 14. Transient (day use only) slips _____. Permanent moorage slips 7_ _ _ _ _ Dry storage (reck) slips ____________• List number of off-street parking spaces available for users of the joint use dock. ?arki.ng, if provided must no^be separated from the cock oy any publi- road. spaces. Transient (day use) off-shore buoys Permanent moorage off-shore buoys __ Maximum number of ooats at the” dock _ I)oclc U.S2A erosion and sedimentation owiy POL 15-Shoreline is protected by (check applicable items); stone rip rap. _ _ vood seawall. _ _ metal seawall. grass and vegetation only, other (specify) l6.Depth of water at shoreline is CJ ft; at 50 ft. out Is U— at 100 ft. out is 7 concrete seawall gxcK______ of 1 .* • ... REQUIRED ATTACHMENTS The following must accompany this application:A. EXXZK PLAN - ALL APPLICATIONSA dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED CROUPS OR ASSOCIATIONS mailing addresses of all members and/or slip usersA JList of the names and.mail^ i“clTtmey §§ J^V’^aws or agreement for joint use. Note; This copy is not. rGaui}T0d if thG dpplicdnt initials and cGrtii.iGS thG following **Ttiis is a 2TGnGv/al application and oui joint usg dock is to bG opGratGd undGr thG sainG by-laws or agraeinent. originally iriadG in _ _ _ _ _ _ _ (statG year) and on file with the City.” Aoolleant * s initials INCORPORATED CLUBS CP. .ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. A statement as to the total number of members in the club or association. me.Tibers. A certified copy of the articles of incorporation and by-laws of the corporation Note: These copies are not reguired ir the applicant initials and certi.ies the following statement: "This is a renewal application and our join^. use doc.< is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in _ _ _ _ _ _ _(state year) and on file with the City." Applicant's initials D. A'.NUAL LICENSE FEE - ALL APPLICATIONS A Joint Use Dock License Application fee according to the current City Fee Schedule. S 10.00MINIMUM JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy slips @ $2.00 each i4. oo TOTAL DUE THIS APPLICATION OO REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. the SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOP- USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Chapter 74 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code complxance inspections. Signed jpections. Date b'.:'/-:t." LAKE MINNETONKA CONSERVATION DISTRICT EAST LAKE STREET WAYZATA. MINNESOTA 55391 TELEPHONE 612M73.7033 BOARD MEMBERS Tipton Brown. Crva»rnniin Greenwood Frank R Hunt Jr V»c« Cr^a-rnan Spring Park Rooan P Rascop Secretary Snorewood Edward G Bauman. Treasurer* Tor>aa Bay Alan Fasc^^‘r'g M»nnetr*si3 Orvai R Fenstad Mound Ricnard J Garwood Oeepf'aven JO E»en Hurr Ofono Loia C Jor -.nn Mtnneton Beach M. Jerry jorv^soo Excelsior Roben S MacNamara Wayiaia Rooeri K PiflsDury Mirv^etorika Rooe'l E Slocum woodland Richard J Soderoerg Victoria June 22, 1982 - via Certified Mail FRANK MlXA, EXECUTIVE DIRECTOR Charles Maciosek 1776 Fremont Ave. S. Minneapolis, MN 55403 LSJlyWMm Dear Mr. Maciosek: Subj: Dock Use Area Violation, Sandy Beach Resort A recent inspection of your dockage at Sandy Beach Resort on West Arm indicates that boats are being location outside the dock use area in violation of the LMCD Code, Section 3.02; Subd 1. No person shall use any area of the Lake out­ side an authorized dock use area, for docks, moorings, boat storage, swimming floats, ski jump storage or towers, unless such use is specifically permitted under the provisions of this chapter..•• Subd. 10. No person shall sell, rent, or lease for watercraft storage purposes any space within dock use areas other than at commercial docks or at docks o apartments. “rrnd^jc; ui uiu.iu ii'iOitlSiiU USE PERMIT -Date.9-9-68 )r Non-Conforming Use Fee Case No._ VILLAGE OF ORONO Crystal Bay, flinnesota (Complete in Duplicate) This form to be used in all applications for conditional use permits and for rezoning, dividing or consolidating parcels of land, vacating streets, alleys and variances. Type of ApplicationNon-CcnformlJlg-CflQdiliflriflL-UAfl.^^^^—S-lr.6.i Owner of Property: Name peach Resort_____Phone No.______ Robert Zakariason Address_i29iJiiTItll_ShfltflJ2ZiIy.fi-------------------- Applicant (other than owner): Name______________Phone No.______ Address _ ___ _ _ _ _ _ _ _ _ Relationship to Owner Engineer: Name_ _ Land Planner: Name ■hdivider: Name Phone No. Phone No. Phone No. Location (How do we find it?) Legal De5cription:Lot 17, Ea.tC.fii_5.2L£lQ- - - - - Date Acquired 1908 Area (sq. ft.)i.43 Ownership—^- - - - Single Ownership_ Date of last division of this property_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Do you own any adjoining property?_ _ _ _ _ _ _ ____ _ ___ _ _ _ _ _ _ Action Requested_^nj^f^ng^QxmjLng_TJ?6.Permit for ~e.SQ.rjL_ _ _ _ ____— Signature of Applicant RECORD OF ACTION TAKEN Date Action 3 ■ / ■'Inspection Dept: Admin is tra tor: Village Council: Village Engineer: Village Attorney: ^ Planning Commission: H- R- ROSS, MByQf Village Council: ___________ ------------------ '.. i*. .JEtonk-W*;l^y-KyA/-- Cf..uatTotof Permit Issued: Date $EP t 3 1988 Condit'on of Non-Conforming Use; 1,43 acres. All used for one house, one utility building, and s..x cabins. C. 1 ^(!L\ OP S/Ttr_>dg^ai^i-7~y ~ *1 !) Il ^>7- — cjx K\kz roAJM g.cjnd^. — /Og>M ^ra»jFtf/<iu!/*JCi __CAX^—/^&tryzn^Z.firkui£-iA^^ ■) Note:^ /- V3 AcAr-^ US^ Ftf/g. / 1 /Jf. 7 2 — ^C»vig^ _0*r6//OL^_COM(^GiC^CSi^ C.>Ty— __;i)7V8^ ~“ ___|NAioof^.i^/^»rv- 79fe*2^. _y±oLjAjmf\/^ Kibnc^ \re, : AJo ^Uui/*l^ i^<^^_ALc_.. J i)/eoMo _ Jt>i ____I <js3__________’z^it^±TlJ^^..OA9^ Pt.__ PC’T. - ^\AP /;^A>Uorfe^^ -77? --- /Asg^ Is i'^ ^ I?A^ /ggAJ r/irt-^ l^ncikc- SuuircMs^ _m,\_ "" / Ca &/n bgi^^uisM^t^ ^ 6gAV//^_C ------------- _J^^ 3 _ ~ r! LCt!—SH.(^. Jll±^.f ^ ^ ui SH^ /^gvA. ^ La ^ I/^g, Cfe^_ ^ UP3 ra ^_____________________________________________ !: REQUEST FOR COUNCIL ACTION COUNCIL MEETING may 9 1994 CITYOFORONO DATE: May 5, 1994 ITEM NO.: ^ /// Department Approval: Name Michael P. Gaffron Title Assistant Planning &l Zoning Administrator Administrator Reviewed:Agenda Section: Zonimt Item Description:1994 Marina Licensee: - Sailor’s World - North Shore Marina - Crystal Bay Service - Minnetonka Boat Works List of Exhibits: (for each application) A - Commentary B - License Form C - Application with Attacliments Status of License Applications Applications have been received from the above marinas. Additionally, Lakeside and Windward have submitted the application and $200 renewal fee but Windward is missing the insurance certificate and Lakeside has not paid the late fee. We have received no application or contact from Gayle’s. Application forms were mailed out on January II (due back February 15). A second notice was mailed on April 7 to those with deficient or missing applications. A third notice was mailed to Lakeside on April 26 regarding the late fee requirement. Staff proposes to send a final notice to the marinas with incomplete or missing applications setting a 10 day deadline for making complete application. If no response, staff proposes that violation citations be issued for "engaging in business use without having first obtained an annual license from the City" per Municipal Code Section 5.43, Subdivision 2. This is a misdemeanor violation, but may get their attention. Please review the comments attached for each of the four licenses presented. Although a number of issues are noted for ongoing attention, none suggest that a license should not be issued under the curre.n! crdinance. Staff Recommendation Staff recommends approval of 1994 marina licenses for Crystal Bay Service, North Shore Marina, Sailor’s World, and Minnetonka Boat Wc rks, subject to the seven operation standards. i TO:Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE:May 6, 1994 SUBJECT: Marina Commentary A. Crystal Bay Service Fuel sales continue to be only marina activity in addition to automobile service station operating under CUP Resolution ^1278 approved 5/27/81. Generally has been in compliance with 7 operation standards. Site/parking plan on file has generally been adhered to. 1975 landscape plan plantings which were 90% complete in 1977 have generally deteriorated (some trees eliminated). 0 ner has leased a boat for tow service per attached November/December 1993 documentation. Ongoing issue is occasional illegal storage of Yames’ blue barge at gas dock - requires continuous monitoring by City. DNR has found preliminary evir' . .ce of possible leakage from underground fuel tanks. MPCA is following up. ' j Ts at this site were recently registered with MPCA. Complaint of someone living in a bus on site last fall was unfounded. B. Minnetonka Boat Works • No complaints of record. Appears to have been in full compliance with 7 operation standards No proposed changes from past activity. In compliance with parking and landscaping plans. Has paid $100.00 late fee. May 6. 1991 Pifc 2 mury U« of poft^ loiteo fbc slip a pians to provide loikis at this liioe. Virile«n ts continuing praetke • no lists t«o i^nderground storage tanks at this isilo although there b no gas dock at this manm. Wuser storage and lerair aciivity has been minimal at this location in fccent yean. Parking requires hslf of slip customers » walk Kinross County Road 15. No caretaker n currently Irvuig at the site. Foam dock flotation is still in use - 1994 is last season unprotected floats will be allowed. Sailors World I. Sums of marina rcnroifcl/jpgrwfc project. • Site plan approved per Resolution #2891. I0.'22/90. • Iiseni of Council at that time was to deal with operational bsucs as part of annual license, not via Resolution #2891. • Construction of the marina building is 99% complete. and parking stall Remaining sile irnprovements yet to completed: - Finish paving nortl»ast half of parking lot striping aiKl perimeter curbing/tire bumpers. Site lighting. Signage. - Landscaping and planting schedule. Letter of credit on file for above completions (expires September 1994) Memo > Marins C May 6. IW Pne3 A<lditioiiil sia to be aJdrcBed and resolved as put of this proje«« Fire fane dcslfnatio ii. Handicap ramp and piikin$ desigiatkm. . ARic access. • Well kxation in parking lot. • Locatkn and Kieenii^ of dtaf^sier. • F«l placemcnt/scfeeniiii of storage mcsfailc on parking stall #34. H. Operatioml tsiues requiring future attention: '• License application proposes boat and trallei sales in the "off season*. . This was not specifically prohibited in the site plan approval resolution, although the required number of parking stalls was predicated on Tobemun ’s intent to not have sales City’s site plan approval (including forking vaiiancc) was granted with the understanding that no boat sales would be occurring . . . Staff feels winter boat sales might be okay if parking is maintained, but in summer, parking needs eliminate the possibility of boats for sale stored on land. W'inter storage must adhere to approved plan in ”94-95. Boat club use is occurring (may become a conditional use under B-2 revisions). W'ha» magnimde of boat servicing aiKl repair should be allowed to incur in tlM patting lot? Minimal seasonal work by winter storage customer on his boat seems reasonable, but major painting, fiberglass repairs, engine change outs, etc. do not fit this site in staff s opinion. Other, Complaints by neighbors received over the winter have been discussed and have been or will be resolved (dumpster to be screened, bathroom Mono • Ktarina Commcnivy Miy 6, 1994 {‘ifc 4 wisdows to te ibaded. wi to be shkkkd). botS lior^ nesi ycif P» «« P*«* MPCA incontctly lists this site ts hiving ill fticl storage tanks renioved There is still one tii& on the sue to stafTi kmmkdfe. in use Nonh Shore Marina m New nine, nesk owner (Rkh Anderson)- Ptam to comuBic oijeratioii as full service mihna with slip rental, wtuttr/summer storage, fuel, boai/trailcr saJes. service/repair, etc Charter boat port of call will continue (may become a conditional use under E 2 rev is tom). License application siggcsts 64 rack stored boats for lake use This woukl be in violation of dry stack agrccmcnl. But this is how LMCD has been Sensing them • • • Remodel of "dub houre’ as approved by Council is underway Parking/wintcr storage/sitc plans on file, no changes prt^Kd but need to be discusred again so new owner understands all details. Staff will work with owner to continue landscaping upgrades Temporary ’ signage will be monitored and addressed. Underground storage tanks were not yet registered with MPCA as of 4/21/94 listing. • $1(X).(X) late fee has been paid. Exhibit A - LkaseHo. CONOmONS OF UCENSE APPROVAL. Tto liccrn* nabociia the , ^ ----^ the City of Orooo per the folk>wm|« fOSCS ID CfCtllS t • i t • tk'mtnoa I. n. Opcntioo Sundanb- F^*« busaess ticaitter ilall adhere lo tbs foUowinf niniffluoi oper^ioo staodirds: 1. thmuyfa oetshborii^ f^operty. 2.B«l enttoe loting and dargin* daU he linuied o da ham •:« i.m. a 6:00 p.m. 3.Rcail saks and servk* shaU be limited to Uk tour* 7:00 i.m. to 10:00 p.m. except as oecessuy to accamnodatc normal fubii^ activity or pnv«c use o pfemises stored boats. Tbe site shall be kept neat and orderly, and free of farbsge. 5.Oo-laod storage of boats shall be managed » obstntctkms for traffic entering and kavi ’^ the site. 6.Parking and oo-Und storage of boats, trailers, materials and equipment shall ^ limited to those locations shown on an approved site operauoo plan, w^h pm shall be submitted or updated as part of the annu al license application, operation plan shall also indicate seasonally variable uses. 7.Lights shall be shielded from the road, the lake, and adjacent properties. Failure to adhere to these staa^ards shall be cause for Ucense suspension or revtKation per the provisions of the City code. Fuel rales. Tliil marina is authorized for fuel sales subject to compliance with the Sute Fire Code. •::♦(cm’ OF ORONO GENERAL LICENSECrystal lay Sarvxca Mika Mehnar AdiirHS 3398 North Shore Drive Dale Itsued OtttapHVt 12/3IZ11 For License Period 1/1/94 thru 12/31/94 Nayzata,55391 Staw LkenM No As • CfVKlitkvi of ftceivinq this itctm. tha l<tn$at shall furnish tha City srith a satisfactory surety bond, and Wabtlity and property damafs irsauranoa, when requirad by the Oty Coda. «id shatt Kara corr^ied with a!t tha rtt^ketwm of tha Dty of Orono. per* taining to tha particular type of activity or businaai liesr taad. This licenaa is non transferable. KIND OF LICENSE Annual ConMreial Marina License 1 1 Septic System Instaltation and/or Pumper $200.00 Garbaga Hauler i ] Pasidantiai Kenrwl□Commercial Ktnnel $ $ $ $ Total Amaint Paid to City...........................................................S 200.0^ OF ORONO CITYof OR41NO r.O box M CRYSTAL tAV. MINNESOTA M321 fHONfi:473 7KT Signature of City Official White - File Copy Yellow - Licensee ♦i B8 sU CITY OF ORONO lJc« P.O. Box Crystal Bay, Miimcsota 55323 Phone 473-7357 Year Date applicatk»i sent to Marina DaftappiicaiooreturnedloCi^ Pursuant to Orooo Municipal Code Section 5.43, Subdiviskm 2 - Licemevi, JReQuired. It Is unlawful for any persons to et^se or participate in business use withoui first having obuined a license therefor from the Citv. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION. REQUIRED ATTACHMENTS. AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 15 OF THE LICENSE YEAR BUSLNESS INFORMATION 1 BUSINESS OR TR^\I)E NAME C I ^ Street Address 33^^ K O DtK Service Mailing Address Yfl *0 Qr 2. Marina PlKine M *7 I 0 I ^ ^ OWNERSHIP/OPERATION Fee Owner (if different than above) Address P Plwnc ^3S R 7 OfTKc Ptone ehner 3.BUSINESS ORGANIZATION: (Check applicable item) ____ individual ownership ____ partnership ^corporauon List the name of each partner or corporate officer and their title: MiV-€. M^V\v\*eq" ^ Quar\eu____ Name of the marina manager responsible for daily operation:c oi me manna manager n p r O uj r\€ r I « List the minimum number of employees on duty when the marina is open to the public. . ..... cirr DF Dumduring the boating season: nsAiiCE OFFICE 1311300000repair or service personnel 01 QFfi 200 00 CHECK n ^OO’.OO dock attendants C> others available for sales/public information, etc. HECEIPT-Tim YOU r Page 1 of 5 19~70 VO 02/1 A d List every sbort or long tenn business occu|7aat of tbc property odier than the ^tstness ooced above: ______Mo tv-e._____________________________ 6. PRINCIPAL BUSINESS ACTIVITY (Check ill serv kcv offered): in-water slip remal buoy rental dry storage ____ winter ____ in and out service boat launching (day-use ramp) boat rental boat holdmg tank pumpout boat clubs repair parts and service fiiel sates bait and tackle sates boat and trailer sales chaner boat pori-of-call other (list) BUSINESS SCHEDULE (Check appropriate items): open all year open during boating season only List proposed hours of operation: dock accers retail sales Sl service n AM to *7 AM to PM PM MARINA SECURITY is provided by: CARETAKER livmg on site? _____Mo List the maximum number of boats in each category. Each slip, mooring or other space actually used for storage or keeping of boats or watercraft must be indicated and numbered on the dock and site plan submitted with this application 7. 9. BOATS STORED IN THE WATER (for lake use) a. At dock slips Total Boats in Water Cooqiany Ovraed & J1 8. BOATS STORED ON LAND FOR LAKE^USE a. Inside Buildings b. Outside on Racks c. Outside - other means Total Boats Stored on Land for Lake Use TOTAL BOATS FOR LAKE USE (Add 7 and 8) Rental Rental Slips/ Other Total Boan Spaces Boats Page 2 of 5 OTHER BOATS ON PREMISES (SL^IMER) t.Transieai boats (rcpair/servke) b New boats for sak (inventory) c.Us«l boats for sak mvetwory) d.Other (list:) Total Irarty Outside BuiMing 3 11.OTHER BOATS ON PREXfISES ('VXTNTER) Transient bci;i (repair/service) Contract ^ciage (customer’s boats) Toul Outside Building a. b. c. d. In'TOiory (new A used boats\ Other (list: 4ou) OsoaTv J Total OFF-STREET PARKING REQl 1 1 Total 11^0(01 2.SUMMER PARKING a. Retail sales/scrvice customers 5 spaces minimum ( + 1 per each 800 s.f. over 1,000 s.f.) b. Boating custonwrs 6 spaces per 10 boats for iake use 1.6 x__(line 9)1 » c. LauiKhing ramp customen (day use) 10 spaces minimum per ramp « ICL spaces ___ spaces ___ spaces TOTAL SPACES 13. WINTER PARKING a. [.2 X (add liaes I2a and 12b)]J[^ spaces >CK CONSTRUCTION 14.CHECK ALL THAT APPLY: Permanent ___ Seasonal Pilings:____ Wood y Concrete _ Decking:___'Vood %_____ Metal X. Flotation Meth * (if used); ____ Foam _ De-icinj normally used Metal Other Other Barrels Other I ICF.NSE STANDARDS ADVlSORy Businesses required to be licensed under Section 5.43 shall be subject to the requirements and performance standards of ihe B-2 Zoning District and per the following business use license standards: A Insurance Required. Each business shall provide certification of liabii*ry insurance coverage for the duration of the license period. T iccnseholder. The primary business operator on the property shall be the Page 3 of 5 L i -.1 •!i •lIMIll ^■1^1 ^■Ct \mim€ r*KTiTil RKTiTtKl]niuii •1P4I1 ^■fXil riTitit rtMiti [tMM SPTORWiI isnmsi • • ATTACHMENTS The following must accompany this application: 1 2. 3. 4. CERTIFICATE OF SURVEY iiKiicating the boundaries of the marina property and the authorized dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas fRimps and tanks, parking areas, access areas, fencing and landscaping features. Tie drawing shall be updated each year to show all existing facilities, all changes from the prc\ioas season, and any changes proposed for the duration of the current application. The drawmg shall also indicate the locations of winter storage and required winter parking spaces. CERTIFICATE OF LIABILITY INSURA.NCE COVTR.AGE for the duration of the license period. Copy of your LMCD LICENSE APPUCATION. COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee schedule. Initial Application @ $300.00 _____________ Renewal Application @ $200.00 ______________ Late Fee (if not postmarked by February 15) $100.00 TOTAL DUE THIS APPLICATION o 6 REVIEW PROCEDURE When a complete application is received, the City Council will review the license application and will thereafter pass upon the application per the licensing procedures of Chapter 5. THE MARINA MAY OPEN FOR PUBLIC USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.43 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review t! Marina License application, and agrees and authorizes the City of Orono and the City’s designated employees or agents to enter upoji the manna property at any reasonable time to perform safety and code conimliance i Authorized Signature Title Relationship to Owner Page 5 of 5 C.^jjJ^^FlCATE OF IWSUR<»WCE; CLEARY AGENCY. INC. ISSAt UAYZATA BLVO. #928 MAYZATA. HN GS391 M8K 473-889# Uli T! t!!t?8 WltlTTft 8T CllfEIS II HINTS NHI THE CEITIFICNTE N81IEI. TNIS CEITIMCIT IIES IIT tIEiS. EITEig II llTEi TIE CmillE lEFUIEI IT TIE MIICIES lElM. COHPANIES AFFORDING COVERAGE IISDIEI Nichael J. Nchner DBA Crystal Bay SarvlCA 3398 North Shora Or. Uayzata NN 5S391 CilfllT lETTEI A ClifilT lETTfl B Mast Band Mutual Inauranca Co CIIHir lETTEI C C9iniT lETTEI 0 COmiT lETTEI E TlIS IS ll CEITlff TiUT lllICIES 8F IISDIHCE LISTE3 lElOU HVE lEEl 1SS8EI T| TIE IISIIEI M«EI HIVE fll THE HlICi lEtlCO IIOICHEO. IflTalTNSTMOIlS MT IEjm»E«EIT. TE»» Jl CONfllTIH 8f *«» CHTHCT II ITMEI IIClilElT iilTI lESIECT Tl UHICH THIS CEITIFICITE MT 5E ISSUES 41 MT PEITIII. TIE IlSu’MICE IffllOEJ IT Tut lo.KIES lESCHIED HEIEU IS SyijECI Tl III TEIIS, EltllSIllS. INI COHITIONS If SICN MlIClES. II»ITS SHIM MT MVE lEEl lEIICEl IT Nil CIHIS. 0 0 W J TTfE If IimtICE NlICT •tlMEI MIICT Iff NTE MIICT EH MTE HUTS GENERAL LIABILITY [iq CIIIEICIIl lEI IIIIIIITT [ ] CIIIIS HIE (X ] ICC. lENEMl MIIEMTE GGO 0197642 ll/tl/93 ll/tl/94 MOI-CGM/lf Ml. PEIS. I ISV. IIJUIT I ] SUIEIS'S t CIITIlCTirS PIITECTIVE t 1 ( ] EICN ICCIIIEiCE fllE omiE (IIT HE fllE) NED. EIPEISE (IIT HE PEISHT IGGGGGG latGGGG IGGGGGG IGGGGGG IGGGGG SG8G IGGGGGOAUTOMOBILE LIAB CHI. SIIIIE IIIIT IIT HTI III 8UIEI mis SCIEHIEI HTIS NIIEI HTIS IH-IUIEI HTIS filIHE IIIIIIITT IIOIIT IIJUIT (PEI PEISH) 660 0197643 ll/Gl/93 ll/Gl/94 lOOIlT IIJUIT (PEI ICCIDEIT) PIOPEITT HIKE EICH OCCUIIENCEEXCESS LIABILITY HIIEllI Fill ITKEI THIl UIIIEllI Fill KHEHTE UORKERS* COMP AND EMPLOYERS* LIAB eJi STI7UTIIT HUTS H ICCIDEIT IISEISE-POI. HIIT OISEISE-EICN EIP. OTHERBuilding Covaraga Contants 660 G197643 11/01/93 ll/Gl/94 Limit Limit 1GG.G8G 4G.GGG OESCIIPTIH If IPEIITIOIS/lOCITIOIS/VEHIClES/SPECIIl ITEIS ) CEITIFICITE HOIOEI < CITY OF ORONO P.O. BOX 66 CRYSTAL BAY MN S5323 ICIID 2S-S (7/H)______ > CIICElllTIfll ..........................................................— SHOULD HT Of THE HOVE OESCIIIEI POHCIES IE CIICEllEO lEfOIE THE El- PIIITIOI OITE THEIEOF, THE ISSUIlfi CHNIT UIll ENOEIVOI Tl Mil 3G OITS UlITTEN NOTICE Tl THE CEITIFICITE HfllOEl HIED TO THE IfFT. OUT FIIIUIE TO Hill SUCH NOTICE SHIll IRPOSE NO OIHHTIOI II IIIIIIITT OF IRT HID UPON THE CONPIIT, ITS KEHTS 01 lEPIESENTITIVES. HTH0II2ED lEPIESEITITIVE Jaff 3. Hotvat I*o. o >-• November 22, 1993 CITYof ORONO Municipal Offices Street Miress: 2750 FeHey Mtmtf Orofts. UN 5535$ ■aOqMireu: P 0 . Bn $$ DvstaiBay. iy!N 55323 006$ Mike MehiKr Crystal Bay Service 3398 North Shore Drive Wavzau, MN 55391 # ^ Dear Mike: Tlunk you for vour loner of November W, 1993 advising of the stams of your program to remove violations on vour property. Tbc City must ask for a copy of the leaK agreement that y^ have w.m Mr. Terwilliger with the effec.ives dates of the lease agreement noted on the document Please advised that if the lease does not begin until the 199-1 boating season. Mr. Terwilliger s boat must e Stored off site. The only boat allowed on that property is one that either you own or specifically lease for the exclusive use of Cry’Stal Bay Service. Once again, suff wants to thank you for taking the time out of your busy schedule to meet with us so that we were able to review the special limitations on the commercial use of your property, recognized as a non-conforming use in that zoning district. It is imperative that you realize that staff wUl issue citations without warning if it is found that you continue to violate the well documented conditions of Resolution No. 1278, a copy of which was provided to you at our November 8ih meeting. Your dock can never be used for the storage of boats or other commcrcid watercraft. The dock is expressly limited to the storage of your own boat for towing use. Boat repair is limited to those repaurs that can be completed at the dock. Such repair use can never be expanded to the land side of your facility. It is also illegal for you to allow any vehicle stored at your service station to be used for habitation or overnight "stays". Please get back to me if you have any questions concerning the comments noted above. I would appreciate a copy of the lease no later than Monday, November 29, 1993. Sincerely, Jeanne^. Mabusth Building & Zoning Administrator JAM/Isv cc: Lyle Oman, Building Official Telephone (612) 473-7357 • FAX 473-0510 . ^ .* **. ‘«« * •_ ^ * >a>1 • * f>rM i •. ':-C.J .1 •• * ' • .*- I x-J ' -»•< SilCTTb WiC. 33RSQlW\^^niyui'r^y.-uru^- -y. s . , .rr-TC'l'tTTLkn.' y^j vd ^ iau’.c!jia'(iic CO.'I^, AlaTiA; -O.ucL CO i^j-ClcLCnff V •iOJiL ■A >Cu.'-C71:47)UJ fl -L.'a A I • jcksu -Cc ,(.!Ht-P«ii: ^\> i 9'^: M ^CHv'Okv.UTNC ^iic^iJsjyu i'CCuaiiC ^ x!ic corfL' xc \ aiu7'Jh.CLl^,CL-,\c]v^C;l'<Ui;,mO-t'4 DyTTL^ It; MmtX- XL XLH.-aiiX' ctt! ikcjX'&CLu CTUyYlfU^ NOV T'5 3SG3' ^3.^0J7^k,CA.U ft ^ <i'fft.ic/iai! I• • t • .*• . •• • *. .*• • — . • • i —.; •••.-.*•:".•••* . • . . .. r ... . - * • •.*... r.--.’ • .* . ^ . • •• .• “. " • * . • -• .u.- r ••. — • ,. •."i"-' . • P"^' ' '• ■ ■ "‘ X.’ • •• *'•- • . * - *• ■■••,•.“■**■■•’ » ’■-*J“’''/‘i«v'v - S-.‘ • • •*/.•• " •.-r • • , ....-•_ .•• - . ^ % • %■ — . .•». : -• •• ••..■U* • 4?.^. :••••• '.* • * * •».*. 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Ur-CoTicA Cc^^Ts^b V xa ;^ 5eC\ivc€_ ^io ^Aio^■^-cx^c3^ vva Oooa €C v 5 rE^DpC)v'\S'\bLe aA^aNAcTc\l.b ^fcvv ^ ^ApenSes <^Acll Os(.L S0i'\d ^T:pov\ C3 \ ACof'reA eVt'ecIvvJ^.ciaTe c9^V^V3 o^reenvam av\d Tb opoA be^oc^TVC D'ior'xocx t>^;A aareeo^ev"^ Wr'vA *CXon0r\t>also oespoAs\bl£fe( ^ajs ^ tXAcA OV.L \ssiaACiS c\A^I of \nsoCbkno2 ^ .!06eLLcx5 Oy^ovnci oLL ^p6As55 lAdoCC^Nn&r'^T^^ ^o\d serv/\(le.5. ouJAer \*A no oocio, sV\aU^ r£spcA5'V'^\C;A ^^rdbinaop Oaos^To pecsr>v\5 or propecT^ onder /^r: ^,rTT^ obt c? &n\<4 ^^€Sb€L a\?vd orcurpc>rc>^€ or pr i vo l6x 5€. c^ree/nenl Xn rcTurn Uocec cw^o^f^ebTo «>xxKe o> So/5^ SpJLit o .'qau ofOklLproCetcis eacreioC ivnp(^€d (iorma e^feCTi^ deres o'? Lease a^re’ewvevX '^orlVNer ^cre (£056; c^refeSTc. aCcepT a(t fespcobibli't^ purrc^\niA<i.'T<j Wrndr U wv^iis^ \c O.U. e^pei^se^j oparLa •rrcx^’f\'Xfy^<M\<Si •, ^oCLS, o>\n(;^ SiCbCca^e.. 6;^neJ."TVv\^ \ o? Mooew\VDer ouivaec leaser I . • ( '•V%' •» T, A A Am. ^ •• «». J *-••/, V.'A •'v ' uf - .’ V ' ‘ V .*:.'*» *'•%■ JF ^ % *v. 7 '•*-*. -f » ?L •" ' 4 »» ♦:« - • ittu - t**tm* > « lYDRTH Si^ORE. 7b QpRo^oiao t ftPRout'hirtrts frpn £t0mr $$ ) te: :t'2T7£XHiei fesetor/txf ** Jti /kf^Aic^x^rs f^r/kwtAu ^yfggrrr- j '... .. jn^/«?S*£5wi^**»w ih-T 4 *4.^ i I.U'JOPT r • » I ••*•■ ••• • f • 4AS Ai»l6A ^^^0C UJ»TH («DS^’;ePO-^0 • rAcn^C CAi^ f> r t* -V «. % ^yS*. ■ :»ti> ^if* •9' - # • A $ £ A «'<* m ■%. f \ ^ <C^ ' » « T. dOb f ! \ i •• IV4lt - » % 9» 'c 1^ h/DRTH SHORB. 7b / QpRoPoi^o I M(*Roo£mir^ni /'J-w fx9n gti»n0tr »$ ^ / ftt0f 4)ri#«*lMi«^ ^ Issc:^' "~'C?7 Rssoior/^A/ 04re >•• • *•• A L'.' I . *- % Li 6-tT P H*. iiI5L ^(UYtTALCAV S€|liOlCc toe&TCertificate cS Survey Hennepin County, Klnneeota JL .1 e 7f^*r 'irS* V/>»^ «1 '. >•• • • I ^ •/ 4 « 4 • V; Vtf/X^/y- /»i»» #/ 40-fe>oj ^^xr/n#w/ -7 i : • Ai> JJJOS49 daU/ •* •/•> .;.>^*‘ O .;i^* r35^>- \ >' \ \ «1 ♦ cW-V /L4 1^0 Utl)I VZVtf) -fX3 \ fioctU \ / V ^0 I hereby certify that this is a true and correct represer.tatlrn of a survey of the Southerly bcurdaries of Lot 12 and the test 32 feet of Lot 11, ’’Lydiard’s Park", Lake KJnnetonka, Henneoln Courity, Jllrnesota, for the sole purpose of showing the relationshio of the hiphua/ blacktop, the highway August 29, 1961 (Doc. Ko. 3330868), the 929.A contour lire (!CCVD 1929), *nd an existing dork. \ <l f. \ Scale: 1 inch = Date : 41-22-81' . :•| Cordon fi)^Coffln Reg./^, 6064 Land Surve^r and Planner Long lake, ninne60ta Vv CITY OF ORONO GENERAL LICENSE N9 : 2'^a5Nam« of BusIoom:Minnetonka Boat Works - Orono Principal 0«vntr: Addrtss______ MBW Div. of Genmar Industries* Inc. 1449 Shoreline Drive_ _ __ Date Itsued 5/9/94 Date Expires__12/31/34-------------- For License Period 1/1/94 thru 12/31/94 (Mailing) 294 East Grove Lane, Way2ata> MN 55391 State License No. As a condition of receiving this lieense. the licensee shall furnish the City with a satisfactory surety bond, and liability and property damage Insurance, whw required by the City Code, and shall have complied with all the requlrementt of the City of Orono. per­ taining to the particular type of activity or busing licen«d. This license is non transferable. KIND OF LICENSE Annual Commercial Marina License 1 I Septic System Installation and/or Pumper□□Garbage Hauler Residential Karvtei Commercial Kenrwl $200.00 ’¥ 100.00 Latei fe« $. $. $ Total Amount Paid to City.............................................................^300.00^ i cny 1 OF 1 ORONO CITY of ORONO p 0. BOY ee CRYSTAL BAY, MINNESOTA 5S323 PHONE: 473-7357 Signature of City Official White - File Copy Yellow — Licensee received MAY 3 139^ ^UfOfMQN^'O P.O. Bra 66, Crystal Bay. Minncaita 55323 Phoo€ 473-7357 Licen» Vear Clale appikadon r«umed to CityDate application scot to Marina ANNUA^ rOMMERClA?. MARINA LICENSE APJgLlCAT lQK - - ^ . Pursuant to Orono Municipal Code Section 5.43. Subdivision 2 - UtiVSVX KfWVPL It «s unlawful for any persons to engage or participate in business use without First having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND UCENSE APPUCATION FEE TO THE CITY CLERK BY FEBRUARY 15 OF THE LICENSE YEAR. BIJSLNESS INFORMATION ^ I ly lO / / A// 1. BUSINESS OR TRADE NAME //A/) ^--------- Street Address ^(T^C --------------------------— Mailing Address 2. Office Phone ^3 'Marina Phone OWNERSHIP/OPERATION . FeeCvnerOfdifferentthanabove) f --------------------------------------------------------——-------------------------------------------------——.\J(1 C J 3. BUSINESS ORGANIZATION: (Check applicable item) individual ownership partnership corporation pr .4 ,K • ,M... ^List the name of each partner or corporate officer and their tine. VIi/^ k^i^n iiCc jr/^icl<r/Ti_____ FIHA^CE OFFICE 1311300000 -------tri CSr 300.00 CHECK 71 300.00 YOU ^302810 cool ROl T14:. 05/03/'Name of the marina manager responsible for daily operation: hit lscf\ ---------------------------------------- List the minimum number of employees on duty when the marina is open to the public during the boating season: / dock attendants repair or service personnel Others available for sales/public information, etc. a/ Page 1 of 5 List evcty short or long tenn business occupant of the property oiior than the Business iK)ied above: 4.PRIN^AL BUSINESS ACnVITY (Check aU V in-water slip rental servkes offered): boat clubs buoy rental ~7 diy^rage wmter in and out service boat launching (day-use ramp) boat renul boat holding tank pumpout ^ repair parts arid ser\’ice ___ fuel sales ___ bait and tackle sales ___ boat and trailer sales ___ charter boat port-of-call other (list)______ 5.BUSINESS SCHEDULE (Check appropriate items): open during boating season only AM to open all year 6. List proposed hours of operation: dock access _ &^rv7cr AMto_^ MARINA SECURITY is provided by: ------------------------- PM CARETAKER living on site? ■Sr.IPS AND BOAT L List the maximum number of boats in each category. Each slip, mooring or other space actually used for storage or keeping of boats or watercraft must be indicated and numbered on the dock and site plan submined with this application. Company Owned BOATS STORED IN THE WATER (for lake use) a. At dock slips ____ Total Boats in Water ____ Rental Rental Slips/ Other Total Boats Spaces Boats 7.i UR 8.BOATS STORED ON LAND FOR LAKE USE a. Inside Buildings ____ b. Outside on Racks ____ c. Outside - other means ____ Total Boats Stored on Land for Lake Use ____ 9.TOTAL BOATS FOR LAKE USE (Add 7 and 8) Page 2 of 5 10.OTHER BOATS ON PREMISES (SUMMER) Transicnl boats (repair/scrvicc) New boats for sale (inventory) Used boats for sale (inventory) Other (list: ________________ Total a. b. c. d. fmMe Buildioi Outside Byildmg • ^ -k- ) ;k A 11.OTHER BOATS ON PREMISES (WINTER) j. Transient boats (repair, ^ervicc) b. Contract storage (customer’s boats) c. Inventory (ne^ & used boats) d. Other (list: _________________ Total Tn<ida Building Outside Building ) i^'/O ^/O 12^0 Toul OFF^ 12.SUMMER PAiaONG a. Retail sales/service customers b. c. —m (^. per each 800 s.f. over 1,000 5.f.) (line 9)) ■Boating customers 6 spaces per 10 boats for lake use [.6 x Launching ramp customers (day use) 10 spaces minimum per ramp * spaces TOTAL SPACES ki. spaces spaces ,3. ;^nter P.™ ^ pnriC rONSTRLCTIOJV CHECK ALL THAT APPLY: H spaces 14. K Permanent Pilings: Wood Decking: Wood Seasonal Concrete Metal De-icing normally used Me"tal Other_____ Other Barrels OtherFlotation Method (if used): ----- j irFNSE ST^^NPARDS advisory . Standards: A. n-p— henuired. Each busineos shall provide certification of liabUity Utsurance coverage for the duration of the license period. B. T ;.-.n«>hnlder. The primary busiitess operator on the property shaU be the Page 3 of 5 r.Uo««* only -te. in coofoan»« wiu, the p«risio» ot O k B-2 Toning district standards. C. O-i Toning aisuiu »*«***•.»—. .»nd.nh, E»ch bmi«»s licco5.e riuU «lh«« » Uk foUowi.^ miimnum operation standards: u .;♦. .K«n he managed SO as to eliminate traffic or p«^ cr4eS>n”cli^inaie illcfil on-«i«t p«kmg. and avoid prfeaman traffic through neighboring property. Boat an,me K«mg and cturjm, shaU be Imnted to the hou« 8:00 a.m. to 6:00 p.m K^ror P~“f premises stored boats. The site shall be kept neat and orderly, and fte* of garbage. On land storage of boats shall be managed so u to eliminate any view obstructions for traffic entermg and leavmg the sue. sr:SSi55=sSuch site operation plan shall also indicate seasonally ramble uses. Lights shall be shielded from the road, the lake, and adjacent properties. • • ' # / —ft------------------- V r- T to B-2 Zone No business use shall be licensed in any zoning district B 2^'excrot tlS w^n f bls^ use is allowed by ordinance in another lotung dtstrKt. :u?h uTcot2;c“5Tn ^dlTc^ct Shan not be retpthed to obtain a license.suen use cuuuuwrwv* ------------ , _____Pev.v-.st.on. FaUum to adhere to the above for license su^nstan or revocation per the provisions of this chapter. Page 4 of 5 ATTACHME The following must accompany this application: CERTIFICATE OF SURVEY iixlicating the boundaries of the marina property and the lutborized dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscapmg features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of ^e cun^t application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. 3. 4. CERTIFICATE OF UABIUTY INSUR.ANCE COVERAGE for the duration of the license period. Copy of your LMCD LICENSE APPUCATION. COMMERCIAL MARINA LICENSE .\PPUCATION FEE according to the current City fee schedule. Initial Application ® $300.00 Renewal Application ® $200.00 m ^ ^ ^ — .A 1»« a L. Kcnewai /\pput»au»jn — -- Late Fee (if not postmarked by Februar)’ 15) $100.00 TOTAL DUE THIS APPLICATION S. is received, the City Council will review the license application and will thereafter pass upon the application per the licensing procedures of Chapter 5. THF MARINA MAY (yPFN FOR PUBLIC USE ONLY UPON AFPPOVAI, OF THE LICENSE RY THE CITY COUNCIL. Hit Jl MHMm pA-)# 4- «•«! M ■*».: «>:iM* •• •»■• —«23ssr ;::.;as: « r i|j«‘(U3TSsa;Yr> «Mk . «.. . ^-,.< ’«>>^ * •• ■«•»<» 4WW < >n-»i ot •■ >>4 M> «&»»»• M>»j ! K/Q4A4 K—.r .*g_*J!‘..i i^————— WTEWlATJOliU. MARINE tJflOtP 104S E. XliEAU AVI SUITE 2® Ufl.MAUKEE.WI 53202 SSsSiSSK- WPOII ilLtM --------------------------------------------------------------— f h-............. ; A « UTTW * t .................... cmHkWf • uni* coMPmsAFFo »m ■ ••• —- BAKNEFUyUUMlCrrCS = M i if COVERAGE MIJlVETCAKA mat works 294 E. GROVE LANE PO B0XS49 WAYZATA. IW 55381 C0«rMT irrt« IfTTU c D • 4« •*•*•• a »t%««•>«•» •«••« ••• •• 4 • ••• %••« • ^«•• ••••• *«#«4 iJTTt* ^ tmum IUUU15. i'WU' > il > ■'" C9 TM,« «Toc£«T.rr that thi •Ck-*iTH 4€vtc\ to'ikhi C m Tni irwTirafttmmcflmJCV EHtCTIVt •Atf (MHT)a-nr) rOUWT SlPIIUTM ' ion ernWH. lliiltJTY X COMHE*CJH.CmmLHflUTY rj;?- A“-CICCIW113e«ir«M f 4 C04TMCT04 4 MITtMIU LHtCifY • A\Y 4 ‘wTO ; all Autcs ! 4O4E0UIEC 4UT04 07/D1.S3 oimjii tnfPA^ AaSAPOA*!r 1 1.000.000 PASOuCTI-COMP^ AOSA '^1 1.000,000 N4S0441 1 4M NUIHV < 1 ,.i.......... 1,000,000 lACW OCtUMfWCI 1,000,000 Mi OAHlpi ^M99mhn)It 100.000 1114 iL 10.000 eOMf illEO taUdU LiHlf I0C41Y »UURY •••• **•••«• ••• •• »•• »• »«••• ••• »*«• • ••«•• •% • i I ITK3 4J-qi i 454*qW4£0Ai'Tq| 0*4461 uahutv tpOriYfVW *IIO*l4ry OAMMI it ncitt UAMIII* UM4{.LAraMli 0TH» THAS tftHAftU fOAM ■SMSB't COUKMAnM AM cmetat’ uumn i * *1 I4CM 0CCU4E4CI 1 :; AaCWiaATI S I i 4A • ****i,,'.t-T^.»-. ••■****->•—»•• •«••* •• ; 1 : : JTATliTOAT UMlTl f ........;—^ \ ■ ■•’. • . ' ' „»-» «* , •*.*•<-»-**• *»•♦•♦»- ■ -•■*■« UCHACCiOfifr I •MSEAAE POLICY LiUT = 1 1 • •0tY^4K CACHlM*lOTlg ;• 0TMM Oncm^TNM 0# oaWUTIMAAOCATIOAiyMMieLH/WtOAl inM DFICnfEmOEft »♦»---------................................................... cJ **10010 Ai»v OP THi Aiove o«*e*i*io wueie* »e casiciujo iepow tm* In CtPIHATIOII OAT* THtAlOP, THE ittUiNO C0APPA4V Will fNOEAVO* TO n MAIL in OAVI WRITTtA NOTICt TC THI C£RT1FICAT* HOLOE* NAMED TO THI p LEFT. luT FAILOflE TO MAIL lUCM NOTICE IHAa IMWIE NO OIL'OATlON ON UA*lUTY OF AAT MAO UPON THE COMPANY. IT* AGENTS 01^ NIPBE5EWTAT1VE*. "’'rnyrr?:!’T~^rji/Hi I a .a ^uawum >»<»'>. •» ;;7r;.Ti rfi M<TftfyRttg ;^iiAi ii«K iii irV~ CITY OF ORNO Am MIKEGAfFRON M*N-rs ORNO, MN r*rM*rMii Avrmm52 f:^-:srsr«-s:.r-.»».»=»»* '»*-< ‘%-w j: ^ V rr-j-Irr’T^T: ioniTiff KJUUCJJ DMPANY. IT* AGENT* 01^ NIPNI lityCrlr-- :r.7Gifr:‘yK&;Mxr.L#AL>i^ggaiferg I. TMIt CMTIFICATE tf POflDEO lY THE CITY OK ORONO GEN'ERAL LICENSE N9 _ 2499N*ni of Busintts: Sailora World M.^rinn l m „k^fOTCteal CWfWf: Rirhard Andf»rsQn/n;try i <a/.Tr>hTv VogtAfidms __________1955 Shorplmn Drivn _____________ ________P»0. Box 176. Crystal Bav. MN 55323 Oat# Issued «t/Q/94Oat# Expires 4 ?/ 31 /04For License Period 1/1/94 thru 12/31/94 State License No, M • cor^tion of receiving this license, the licensee shall furnish the City »»ith a satisfactory surety bond, and liability and property <WT^ ktwrance. when rcouired by the City Code, and shall have complied with all the requirements of the City of Qrono per- litning to tht pgrticular typt of activity or busings lictnsad. This ticenit is non transferabit. KIND OF LICENSE Annual Conanercial Marina License if CITY OF ORONO P.O. Box 66, CnrstsU Bay, IMi Phooe 473-7357 ia 55323 Lkena Y«u* ? V Date application sent to Marina V Date applicatkm retumed to Cit>' ^ ANNUAL COMMERCIAL MARINA LICENSE APPLICATION - Pursuant to Orono Municipal Code Section 5.43, Subdivision 2 - Licensed Required. It is unlawful for any persons to engage or participate in business use w ithout first having cbtain«l a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 15 OF THE UCENSE YEAR. busi ness lnformation 1 2. 3. BUSINESS OR TRADE NAME [ ors> Ludv ll) Street Address Mailing Address / 7^ C (y^TH L /j'/A/, CS^A L ^ Marina Phone H^S‘- ? _______OfficePhone jew ^ syT OWNERSHIP/OPERATION I Fee Owner (if different than above) Address __________________ Phone tm of^or<dNO‘-- ■■■Fm^^-OFF!££-r-iJiiSO^OO — - ------—200. < CHECS\ TL - BUSINESS ORGANIZATION: (C^eck applicable item) ____ individual ownership ^ partnership H2970J0 COOi - n: ----^02/15 corporatioi List the name of each partner or corporate officer and their title: Name of the marina manager responsible for daily operation List the minimum number of employees on duty when the marina is open to the public during the boating season: dock attemlants repair or service personnel / others available for sales/public information, etc. Page 1 of 5 I List every short or long term business occupim of the property other than the Busines noted above: 4.PRINCIPAL BUSINESS ACnVTTY (Cheek all sersiccs^ered): in-water slip rental boat clubs buoy rental diy storage ____ winter in and out service __ repair parts and service i-.'-'^^'^el sales bail and tackle sales boat launching (day-use ramp) .boat rental oau anu lacKJc ^ ^ and trailer y ___ chaner boat port-of-call other (list) ______________ boat holding tank pumpout------------------------— BUSTf^S SCHEDULE (Check appropriate itc- s): all year List proposed hours of operation: dock access AM to PM retail sales die service _____ AM to ____PM ^ MARIN A SECURITY is provided by: I t'yi CARETAKER living on site’ «gi m AND BOAT UNITS List ti.- maximum number of boats in each category. Each slip, mooring or other yace accu^y IS for storage or keeping of boats or waiereraft must be indicated ard numbered on the dock and site plan submitted with this application. Owned Boats Spaces Boats 7.BOATS STORED IN THE WATER (for lake use) a. At dock slips Total Boats in Water 72/21 / 8.BOATS STORED ON LAND FOR LAKE USE a. Inside Buildings — b. c. Outside on Racks Outside - other means Total Boats Stored on Land for Lake Use I 9.TOTAL BOATS FOR LAKE USE (Add 7 and 8) Page 2 of 5 I 10.OTHER BOATS ON PREMISES (SUMMER) t.Transient boats (repair/servicc) b.New boats for sale (inventory) c.Used boats for sale (inventory) d.Other (list;) Total Inside Building Oulside Building 11.OTHER BOATS ON PREMISES ^^\^NTER) Transient boats (repair/servicc) Contract storage (customer’s boats) Inventory (new used boats) Other tlisi;___________________) Total Total Inside Building Outside Building a. b. c. d. I Total OFF-STREET PARKING REQUIREMENTS 12. SUMMER P.MIKING a. Retail sales/servicc customers 8 spaces minimum ( + 1 per each 800 s.f. over 1,000 s.f.) b. Boating customers 6 spaces per 10 boats for laJ.e use [.6 %__(line 9)) =» c. Launching ramp customers (day use) iO spaces minimum per ramp - spaces spaces 0 spaces TOTAL SPACES WINTER PARKING [.2 X (add lines 12a and 12b)]a.S’spaces CK CONSTRUCTION 14.CHEOCrAI L THAT APPLY: Permancijt.^ Pilings: Decking: Wooc____ Wood Flotation Method (if used): Seasonal Concrete _ Metal Foam ___ De-icing normally used Metal ____ Other____ Other Barrels Other ITCENSE STANDARDS ADVISORY Businesses required to be licensed under Section 5.43 shall be subject to the requirements and performance standards of the B-2 Zoning District and per the following business use license standards: % Insurance Required. Each business shall provide certification of liability insurance coverage for the dotation of the license period. a. Licenseholder. The piimary business operator on the property shall be the Page 3 of 5 ticcnschokier, md shall be responsible fof notifying ibc City of any and all businesses subleased on the premises. Such secondary bosincsses shall net be separately licensed but shall be allowed only when in confomance with the provisions of tlw B-2 zoning district standards. C.<^mfirm CfanHarri^ Each business liccnsee shall adhere to the foDowuig minimum operation standards: Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. Boat engine testing and charging shall be limited to the hours 8 00 a.m. to 6:00 p.m. Reuil sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. 4) 5) The site shall be kepi neat and orderly, and free of garbage. On land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. Parking and on-land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the annual license application. Such site operation plan shall also indicate seasonally variable uses. 7) Lights shall be shielded from the road, the lake, and adjacent properties Rn«;iness Use I l imited to B-2 Zone. No business use shall be licensed in any zomng district other than B-2, except that when a business use is allowed by ordinance in another zomng aistnct, such use conducted in said district shall not be required to obtain a license. ^ irpnse Revocation. Failure to adhere to the above business use license standards shall be cause for license suspension or revocation per the provisions of this chapter. Page 4 of 5 Tte following must accomptny thU applK:ai 1. 3. 4. CERTIFICATE OF SURVEY indicating the boundari« of the marina fnopcity and the authorized dock use area, the location of all stnicturcs. storage areas. <^ks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. CERTIFICATE OF LIABIUTY INSURANCE COVERAGE for the duration of the license period. Copy of your LMCD UCENSE APPLICATION. COMMERCIAL MARINA UCENSE APPLICATION FEE according to the current City fee schedule Initial Application @ $300.00 _______ Renewal Application @ $200.00 _____ Late Fee (if not postmarked by February 15) $100.00$1()0. TOTAL DUE THIS APPLICATION £Ml BFVIFW PROCEDURE . ^ , I .■ .w. When » completeTpplicition is received, the City Council will review the license applicauon and will thereafter pass upon the application per the licensing procedures of Chapter 5. THF MARINA M*V OPFN FOR PHRUC USE ONI-Y WON APPROVAL OF THIi UCENSE BY THK CITY COUNCIL. Pursuant to Section 3.43 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Marina License application, and agrees and authonzes the City of Orono and the City’s designated employees or Ants to enter upon the marina property at any reasonable time to perform safety and code compliinc^ itis^^tiops.^ Authorized^gnature V\ iW\ Title a'/5T?Y 4r^t Relationship to OwnCT Page 5 of 5 • .w'CERTIRCATE OF INSURANCE tacecm^ AHSRICAN AGENCY INC. P O BOX 16527 5851 CEDAR LAKE RD ST LOUIS PK MN 55416-0537 C2/1S/94 Ai; A MATTli^ or MK^MAtlO*) ONLY AND NO MONTI URW TMI CaVTVieAtl Mount TNMCfimMCATt POUCMOWtOM. COMPAIIIiS /iPPOROINCI CQVillAQI SAILORS WORZ33 MARINA YACHT CLUB INC P.O. BOX 176 CRYSTAL BAY KK.55323 icrm HAUGEN MARIKR INS ■ «M mm- «• ^ UFTTOT ^ S8®r D •••. « AM « • . HAUGEN MARINS INS TMM M to CfATlAV THAT TMI »OLC«S 0» MtUAM«CC L«T|D MLOAl MAVC MIM MtUfC TO H( Ml l,4M0 «MMI0 AtOVf FOA TMg ^OUCV l»f MOO MOOTio, NOTWfTMrrANOMO AN*r momAMMvr. rwnm cm coAomoN amt oqntim ^ oa 0TX>iA docxmcnt wm< immoct to wmch tms CCATVCATI may M muKO OA MAY AfATAM. THE iWMAMtCt AAAOAOCO tY TM KUOil QAAMJHO MflAIM It tUtJtCT TQ ALL TNE Tf IXCLUMONt AND COMSmONi Ot tUCH AOUCMA UMCTl 8MOWM MAY HAYt MTEIn C0IT1fW8Tt HOWIR CITY OF ORONO ATTN MIKE GAFFRON 2750 KELLEY PARKWAY ORONO MN 55356 SHOULD ANY OS THI AIO\ E OECCAItlD tOUClEt BE CANCILiCO 8EE0M TMt IXAIRATION OATI TMEAE<)A, Till MSUMa OOMAANY KMU ENMAVOA TO MAM. 3-0 DAYS WrarriN 40nct to the ciatiaicati hoidea namio to the LETT, BUT AAUmE TO MA<L BUCH NOTIOC BHAU IMPOSE NO 0BUOAT1ON OA KINO UPC N THB COMP^, rTB AQENTB OA AlPAtSCVTATIVEB. --------------------------- ■« 'i'y'Vl ‘I * 4H . ► - V,*’-/ RB A oACofio oewpoiutiow it>6 C -iJ- FUntln* Sch.4ul. r« 5.1th. Ur K«l« * T«ht Club 1.ll** . 2** Suaait Ash 2.ll" - 2** Su=iC Ash • 3.1|** — 2** Su^nlt Ash 4.- 2" Ash 3.11- dl«.t.r Hu,h.. Junlp.r «1 Anthony Snt.r Splr..(pot size) 6.11- dluat.r Eulh.. Junlp.r .nd Anthony Vt.t SpU..(pot size) 7.Cold Drop Focentllla 8.11- dl.n.t.t Huih.. Junlp.r «d Anthony w.t.r Splr..(pot mNmail along the walkvay.• 9.Hock Orange 10.Hock Orange 11.Ban.y junlp.t(poC .It.) .nd P-tpl. l.«* ch.tTT (pot Oise). All puatl... -Ill b. 4oa. in th. f.ll «1 !»•» *‘»t '»>• buiining. conscruetloo bl.cktoppto. »r. co.pl.td. V«rn Larsen Property Mansger peenewtY AfWd>«> cm’ OF ORONO GENERAL LICENSE N'.* _ 2493 rni*Nimt9f Stninm: EFr^ndpd Omrm~ „ AdUnm-------Worth Marirt-i. IncRichard Anderson 0«t« lt)u«d ^ / ?-lOatt E)cpir«s ^ ? IZ ?-i3222 North qhore Dritf^ Wavzata. M?4 SS391 For License Period 1/1/94 thru X2/31/94Sutt Ltetni* No.Ai a condition of rtotivirtfl tha licanw. tha neanaw ahall fumah tha City writh a utisfactory «jf«v bond, and liabiTity and proparty damoga inaurancs. whan raquirad by tha Oty Code, and #»ail haaa compliad with ail tha raquiramanti of the City of Orono.'pw- tainif^ to tha p^ticuiar type of activity or buvnan IkanaadL Thi* Uatnse is non treuferabia.KIND OF LICENSEAnnual Cossaercial Marina License Septic Systtm Installatimt and/or PumperC Garbage Hau iarI 1 Rasktantiai Karmal $200.00 $100.00 Late----------------------------------- Commercial Kennel Total Amount Paid to City...........................................................J$3QQ .« OQ. r » u « : r < 1 t city ORONO CITY of ORONO r.o. aox 66 CRYSTAL iAV, MINN6SOTA 66323 eHONt :473 7»7 Signature of City Official White - File Copy Yellow - Licensee J.i • •# CITY OF ORONO License Year RO. Bra 6^, Crjrtal Bay, Minnesota 55323 Ptione 473-7357 Date application sent to Marina Dale apfdka^ion returned to City ANNUAL COMMERCIAL MARINA UCF?^gAlSU<^TiON ’ Pursuant to Orono Municipal Code Section 5.43. Subdivision 2 - LKHia4_BsasU£EsL It « unlawful for any persons to engage or participate in business use without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION. REQUIRED ATTACHMENTS. AND LICENSE APPLICATION FEE TO THE CIT\ CLERK B\ FEBRUARY 15 OF THE LICENSE YEAR ni JSINFSS INFORMATION i. BUSINESS OR TRADE NAME Street Address Mailine Addresk | 2. Marina Phone | -^'2Jla7.^Office Pho OWNERSHIP/OPERATION Fee Owner (if different than above) Address t3. BUSINESS ORGANIZATION: (Check applicable item) iiKlividu?! ownership partnership corporauon CU1 OF CiUQ.^Q A,u ■ FiNAiHE OFFICElist the name of each partner or corporate officer and their title. UlUOOOOO V ■U Lxrr L^,A I /Qi GEH 200.OC tfm-200.00 Name of the marina manager responsible for daily o^ration: List the minimum number of employees on duty when the marina is op during the boating season: I dock attendants I repair or service personnel I others available for sales/public information, etc. liFUIPT-THM YOU mi no 0(^01 ROl U2: 04/13/ FINANCE OFFICE 1311300000 01 OEH 100.00 cm' Ji 100.00 RECEIPT-THmK YOU mib'60 cool ROl T14:, 04/21 Page 1 of 5 List every short or toof i '4ft| occupwx of the propeny other thia the Bminea nctcJ ^ve: 4.PRINCIPAL BUSINESS ACmTTY (Check aU «rvicer offered): rluh 7^ t in-water slip rental buoy rental ttorafc winter ^ in and out service boat lauaching (day-use ramp) boat rental boat holding tank pumpout boat clubs ^ repair parts and serv ice fuel sales bail and uckle sales V~ boat and trailer sales charter boat port-of-call other (list) __________ 5. 6. BUSINESS SCHEDULE (Check appropriate items): W ^ ____ open during boating season only List proj^ed hlrs of operation: dock access (iI»L retail sales . ^ & service 5?:<g> AM ^ M.^NASECURITY is provided by: ] CARETAKER living on site? ------------------------------------- and boat vnus and site plin submitted with this apphcition. Renui Slips/ Other Tout Owned Boats Spices Boats 7. BOATS STORED IN THE WATER (for lake use) j__ a.At dock slips Total Boats in Water i 8.BOATS STORED ON LAND FOR LAKE USF Inside Buildings — Outside on Racks — Outside - other means ------ Total Boats Stored on Land ^ for Lake Use JS— a. b. c. L4- U 9.TOTAL BOATS FOR LAKE USE (Add 7 and 8) 02^ :22^ » 166 Page 2 of 5 i 10.OTH'iR BOATS ON PREMISES (SUMMER) Transient boats (repair/service) New boats for sale (inventory) Used boats for sale (inventory) lr«ide Butldina Outtife __ iO-a. b. c. Other (list: Total )M- 0 2k Toul 11.OTHER BOATS ON PREMISES (WINTER) a. Transient boats (repair/service) b. Contract storage (customer’s boats) Inventory (new & used boats) Otter (list:___________—---------' Toul fn{|<He Ruilding Qntside Building ___ iA- — ^ c. d. Toul ninr.<;TREE;T f ARKING REQUTREME^ 12.SUMMER PARKING a. ReuQ^sales/service cus^ome^s ^ ^ ^ b. Boating customers _______ ^ ^ ^ c. 8 spaces minimum Boating customers 6 spaces per 10 boats for lake use (.6 x Launching ramp customers (day use) 10 spaces minimum per ramp spaces spaces TOTAL SPACES sp^es wnter p™, ,,,spaces 14. irff roxSTRUCTION CHECK ALL THAT APPLY:-XPilings: X : Y -1 Method (if used): lanent Wood Decking* Wood Flouuon Seasonal Concrete __ MeUl Foam De*icing normally used Metal Other___ Barrels ____ Other . j ^ jn ]l :> » A[yu/\Tiir^ rjf' - -- licensed under Section 5.43 shaU be subject to the ^ i. B-2 zoning Di«ric. and por .he following business use hcense stand ards: A. Tpa..s^ng.g. Pcauired. Each business shall provide certification of liability insurance coverage for the duration of the license period. B coverage ua%. —*----------— . j js^..ri<gholder. The primary business operator on the property shall be the Page 3 of 5 ! ! B-2 zooing district standards. Operation standards: traffic through neighboring property. 2) Bet easi« t«tmg at,d chargi.^ shaU be Itoited to the hours 8:00 a.m. to 6.00 p.n. premises stored boats. The site shall be kept neat and orderly, and free of garbage. K^^fc chill be managed so as to eliminate any view On land storage of boats sliaii ce maDagc obsmictions for traffic entering and leavmg the site. £SS£;rjrssr.i“iT?Jsrr— 7) Lights shal' be shielded from the toad, the lake, and adjacent properties. .■ -..nmnorone No business use shall be licensed in any zoning district Bisiness Vg a^busmliTuse is showed by ordinance in another zomng district, r^^co —'£ Z I^trict Shah not be te,uired to obtain a license. T • nee Revocation FaUure to adhere to the above business use license standards shall be cause or revocation per the provisions of this chapter. 4) 5) Page 4 of 5 • t •*' attachments. The following must accompany this applkition; 1. 3. The dr.winj shall be upaatrt each year <o show all earning facilities, all changes previous season, and any changes proposed for Ihe duration of application The drawing shaU also indicate the locanons of winter storage and required wintci parking spaces. CERTIFICATE OF UABIUTY INSURANCE COVERAGE for the duration of the license period- Copy of your LNICD UCENSE APPLICATION. CO.MMERCI/X MARINA UCENSE APPUCATION FEE according to Ihe current City fee schedule. 2co.<^Initial Application @ $300.00 ___ Renewal Application @ $200.00 _ Lay. (if not postmarked by February 13) $100.00 TOTAL DUE THIS APPLICATION $---- la received, the City CoutKil will review the license application and will thereafter pass upon the aoplication per the licensing procedures of Chapter 5. pv THE CTTY COUNCIL S“des'g«ted employees or agenu to enter u,»n the manna property at any reasonable ume to perform safety and code^om^ Authorized Signature _ Title Relationship to Owner Page 5 of 5 0710600 (MAT A«M»iCA<« IMSUKAMCf COMAM'IS MtiCariU •« A'tnUB naflBCiA! C«'CC'«T1*'> U9 W*4..^T STHI? iei<i£:MUrt. Ck.S 'A2£3 CO 74 OO lii. II 19tl Ptiicy N*. PAC 791*99*27 *00 BUSINE90PB0 C&SIUL LIABILITY OOVCRAOE PART DECLARATIONS PACE NAMSD INSUPtO: N09TH SHORE MARINA. INC POLICy PERIOD: 01 /09/94 to 01/0S/9E LIMITS OP INSURANCE: GontrtI Aggrigatt Limit lOthfr Thon Produett Cemototod Operatient) ^raouett • Complatad Oparttieni AggragiitA Limit Pononal ind Advartiiing injury Limit Each Occurranea Limit Pir a Oama ga Limit Madiea' Exptnia Limit • 2,000.000 • 1.000.000 I 1.000,000 • 1.000.000 • BO.000 I 8.000 Any On# Pi r a Any Ona Paraon RETROACTIVE DATE (CQ 00 02 ONLY): Covafttga A of thia Inturanea doat not apply to "bodily injury" or 'property Data, if any. ahown hara: damage" which oecura bafora tha Ratroaotiva (antar data or "nona" if doaa not apply! DESCRIPTION OP SUSINESS Porm of Buainaaa:I ) Individual I I Joint Vantura f I PartnarahIp I X I Organitation (Othif than Partnarahip or Joint Vantura! Buainaaa Dateription MARINA Location of A!i Pramiaat Vou Own, Rant or Occupy: 3222 NO. SHORE DRIVE NAVZATA, MN BB3B1 PREMIUM Coda Cl aaaification No. • P f am i um Bails Rataa Advance Premium Pr /Co A*1 Other P r /Co Al 1 Other PER SCHEDULE C07401 ATTACHED • (a) Adffliaaiona: (b 1 a 1 Payr0II: < f) T( I Area; 1e) Esc 31 a 1 Coat; (g) 1 h ; ( d I G r c Unit a : (h ) »aa Sa 1 aa ; Other Premium shown la payable: P I PER IL7001 Total Advanea Pramium P 6246. . . . at i ncaption; FORMS AND ENDORSEMENTS Applying to thia Coverage Part and Mada Part of thIa Policy at Tima of taaua: SEE CG 68 01 - -—. . . .BUSrWPtSPRO-tRgS ■ U.8. PltrOff.! CG 74 00 (Ed. 11/85) PRO (Page 1 of 1)on lAM 010704 i ^ A 0716500 MAT Aiat CAm XgJtUkf^ llMi#'#ri#t •# A^^#r(C«P C>yr#f»»w iti wAvALT $rwmr. c^m omig 4«Mt IL 70 01 fftf. oa ••) F«lley Mo. PAC 79!-99*27 • 00 Pl«n«wtl 0* NEW • mmmumio pouct ocmm pgctARATjc «Mm€0 INtUMEO AMO AOOMEitt NORTH SHORE MARINA. INC. 3232 north SHORi DRIVE WAYATA. MN 11391 POLICY PERIOD: 1201 AM. Standtfl Tint at tha •aaraat tHf Namad ln«ur«d shown at I af t. P»om 01/03/94 To: 01/03/91 IN RETURN POR PAYMENT OP THE PREMIUM. AND SUtJECT TO ALL TERMS OP THIS POLICY. WE AOREE WITH YOU TO PROVIDE THE INSURANCE At STATED IN THIS POL 1CY. AGENT*1 NAME AND ADOREIS: mauOEN MARINI INS SERV. INC 4900 HOWY 169 N. 322 NEW HOPE MN S642I naura^ca la affordad by cfiiiysany Indicatad balow: (Each a capital atocL eorporation) « X ) OREAT AMERICAN INSURANCE CO ( ) AMERICAN NATIONAL »IRE INS. CO. ( ) ( I AMERICAN ALLIANCE INSURANCE CO. { I AGRICULTURAL INSURANCE COI^ANY tUSINESS DESCRIPTION MARINA Th i • po 1 i oy conalata of tha following Covaraga PftiBllifB part a for whiah a pramlwm ia Indicatad Thia promium may ba iubjaet to adjuatnant Cammarelal Praparty Camaaralal Qanaral Liability Cariawarclal Crlma Camnareiai Inland Marina Camnarelal Sollar and Mtchfnary Cananaralal Auto Canana r c 1 a 1 Ubnb r a 1 Is • 644. • 6.24S. 1 1 1 • 1 TOTAL 1 6.792. Pramlum shown Is payabls: ♦ 6,792. 4 6,792. a t 1 noapt1 on; PORM8 AND ENDORSEMENTS applioablo to all Covaragt Parta and mada a part of thia policy at tima of iaaua: SEE IL 66 01 Countar a Ignad Data Authorixad Rapretantativa BUSINES8PR0 (Rag. U.8. Pat. Off.) ,, I c ‘I f\ I o o \ oot^ O^JAW012794 I • • • . ■ - i *9 . v;fUilJ 01 H. Ml (A _ JftiL.-.—'.e. J ^• I 1^1 r» c ’? } f V£r i. ■» ,k 5 >% -ifc I/' i 5o s 1 >v V\ c 5 5 I >. ■5 l<r SI 0 I fnF ;■? ^ RzL J K!S K ?m I Ip 1^o \\ 1 -1 'Pi r^‘ §^ ir> i%\ tOn > I «• (A >5 Is' I ^ > V 4: l> ^0 !• ? I ? lA ! ^ ^ i I 5' ^.. \J %« f Lt :i ,1 ! 1 ■• I- 'A y \ . •» I •I «• • m • 0^ • . ■•*• mmm'S J f ,r «• l--r HI I r • ■; I. >x. f i4 • .»•SC, ^^VTTI I ♦ • « I K I* I• * .-IT ..ir •• — §•'"•t®'• •* I ; r * «• • • (#■ ■'; 1 • •• s\ t J 11 ^1 1 / i 1 1 1 i f f ?!••«IP • f • 1 ! r If ————————,—— J*rt /<I*/t /</«;t If if n '*i 111 ! « 2- \rf*y7T fJ'-.: i • # # • r'=50 OmQ rnthmi t C I Bonestroo Rosene Andertik& Associates Er^ineers & Architects April 25, 1994 City of Orono Box 66, Crystal Bay Orono, MN 55323 Re; 1994 Seal Coat File No. 13971 Honorable Mayor and City Council: et • rt Pf pf Pf pf 0 Pf m CPA o IC A A Pf Pf n AjA Pf Pf I Ani, A«CP Pvnp Pf W Pf C Pf Pf Pf Pt Pf Pf mii r t. O Pf Pi MkMP AJJk Pf Pf Pf ^ Pf Pf n ,9 . < RECEIVED APR 2 9 1994 CITY OF ORONO Bids were opened for the 1994 Seal Coat Prefect on Friday, April 22, 1994. Transmitted herewith are ten (10) copies of the bid tabulation for your file and city council members. Tne following summarizes the results of the three bids received: Low Allied Blacktop #2 Asphalt Surt-'c Tech. Corp. #3 Bituminous Rr adways, Inc. $36,277.50 $38,776.45 $43,840.25 The low bidder on the project was Allied Blacktop with a Base Bid of $36,277.50. These bids reviewed and found to be in order, ^^e are therefore recommendinE that ,the CllY award this project to Allied Blacktop^ Should you have any’ questions, please feel free to contact me at 636-4600, Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:rb;enc 13971.COR 2335 West Highway 36 • St. Paul, MN 55113 • 612*636-4600 AgnrsM iing. AfCF PhUp / f CThom» W PfMchiifCLy^^^«. Miiiml Jerry O AWPOt Seal X Atgi0^ l^Mih f AntfmaMark A.Sm Gary W OanM XA. mtk Senma*. f i.ymip i CafiMi. ^ MMk a yMm. n ^ /L PfMlp Gr»M. ft L WMa fl Gary O f £•F lodd tapjLAtqqii^ i tenoa. ^ 9UMan Q CuMUti^n ff^ Mto CfMm. ft Pui a HMtr ^ jonnf GoMr.A.irWoonr /CRECEIVEDAPR 2 9 199^fCITYOFORONO nt^eO HxBst 1994 $*»] CoolHrT!lYofBCt Ho.Fa« N<k U971BidOycaii«11«) *.Bv. Ci>ST., Friday, Arril 22,1994 0««cr O fobo , MNBID TABULATIONTibttbtk>o of Three Bids of Three ReceivedifOMKKitofKllfatS AtfMi SvH mc TtA Oxp^MKaSBitialssiB ••c.I hmhy ornify UmI ait ii M •^troaKSxai<tf hia r«Miv9d.-j/L^£.C^It^N^ MSI-, April 22. 1994, Transmitted e and city council members./ed;16,277.50 18,776.45 i3,840.25 ,se Bid of $36,277.50. Tliese bids .fnr«» recoipmending that the Cjty ne at 636-4600. ES, INC. Bk t&a iteatask iMfrw mi IWlfi!S BillBfaeiiMIRtoffilvaa aa^rtal lor moI oooi GL ».IQ0 0.70 ii,;7O0o 073 I9.575.0S 0.7i 20Sl#i)0 2 FA-lMoltaaii|rt|»< C (ciif Mol) ■TN #25 IC.W 10,082.50 23J3 12330.23 1625 15.6SU5 3 F.4^-2 Mol OMI ogyifOit Chn A {■irioco TO 150 1».«0 2433.00 17J2 2A28-00 2200 3,430 00 4 FA-J «»»OBTOfoi* ChM A TN 240 21,00 5,04000 17.41 4243.10 1#.73 4.740.00 f Tey^t Rkl $»427J0 S3I.774.4S 14334025 15??1 T*’* «dar<‘ >' l»r \ Bid No. 1 Bh JN o. 2 ffidNo . 3euBMi. Cert. Attk. C m* iipiili 5% Bid Bead 59 Bid Bond $% Bid Boad fkm Allied Blacktop Aspbalt Svrface Tedi. Coqt.Bitnaaaoas Roadways, loc. EJ. Capistiaal i Mary L Popp Toai lUBer im Presdeoi Vice PresideBt V'ice Picsidenl AMim 10503 89ifc Ave N.P.O. Bax 1025 im Cedar Ave South M^k Giove, MN Sl Ctorai. MN Miaaeapolis, MN Zip Code 55369 56.302 55407 Tefef^cMM (612) 425-0575 (612) 253-9977 (612) 721-2451 FaNa (612) 425-1046 (612) 253-2217 (612) 721-6875 « 13971.TAB BT-2 REQUEST FOR COUNCIL ACTION DATE: May 5. 1994 ITEM NO: PcpMtBicBt ApproT^: Nmm Roq Moone Tkk City A<* IM1 t T t T ’ •rator Reviewed:Agoida Scctkm: City Rcptm Item Inscription: Scheduling of a Council Woric Session Staff has prepared information regarding tw’o issues on which the Council has been working. One is the organization of the police department. The other is the issue of septic regulations. It is recommended the Council establish work scssktm to review staff reports regarding each of these issues. COUNCIL ACTION REQUESTED: Motion to establish a date for a Council work session. REQUEST FOR COUNCIL ACTION DATE: 5/4/ , -ITEM NO.: / / ^ Department Approral: Naow Joiui R. Geriurdsoa Till* Public Works Director Adminislratpr Reviewed:Agenda Section: Public W’oeks Iton Description: Temporary Help Orono Golf Course In March I submitted to Council iikI received approval to employ temporary helpers at the OrofK) Golf Course. All positions were not filled at that time and we have siiKe advertised for additional employees. The following have applied for the positions: Jeremiah Callaghan 5365 Joyce St.~ Maple Plain, MN 55359 Jack Peterson 469 Virginia Long Uke, MN 55356 GrouiKlskeeper helper S6.00 per hr. Starter/Counter helper $5.50 per hr. The above positions arc for a six month period from the actual employment stan date. The effective date of employment is May 10, 1994. It is recommended to employ the above persons at their respective hourly rates. REQtXST FOR COUNCIL ACTION DATE: M ITEM NO; a ^ 1934 %% Department Apimral: Name Dorodiy Hallia Title City Qerk AdmiABtrator Reviewed:Agenda SccUon: Dem Description: List of licenses for Council Approval Gambling License One Day - July 30, 1994 Resolution # Methodist Hospital Foundation H. Kahler 2725 Rainey Road Special Event Permit Gear West Slci & Bike/State Bank of Long Lake June 5 - 6:30 a.m.-noon Duathlon (bike J»nd fool race) Garbage & Refuse Collector Blackowiak & Son Sanitation & Rolloff Service 1195 Sunnyfield Rd N Mound Woodlake Sanitary Service Iik;. 9813 Flying Cloud Dr Eden Prairie Septic System Installers Don’s Backhoe & Excavating Inc Cologne Dave Perkins Contracting Inc. Ramsey Site Evaluator/Designer Don’s Backhoe & Excavating Inc Cologne COUNCIL ACTION REQUESTED: Motion to approve licenses. I Lcaaa Minnamta Lawful Gamlittng Application for Aathorization for Exemption from Lawful Gambling License ttame and Addrtsa of Organization ____ESftlfiAfiS use OM.V fCE CMK IWT OATt // Methodist Hospital Foundation SUM Cttf 6500 Excelsior Blvd. St. Louis Park MN 55426 ES Hennepin Tr*U0V Michael J, Johnson ^11? 932*5026 David A. McGowan ^13 932^5023 Type of Non-profit Organisation Oi«ck m« beJi skkti ywr tfp« •* ■rgawi.H iaw V*l«rmns Otwnow-pwtl Gambling Site Ot*ek em S«i tfiat kt^itca yew preef ef BMpreat fMw and ettach a eepy el ^e«f li tw IRSdea igwIioe CiiOc elwn of good ilondNsg tram t»o Min looeU □ AfttMof pe^tnonpre>lloigan^QA(che(tM) Name el sie eMe aoSvdy wm taire Hnmp of H. Kahler »•••• co».......... 2725 Rainey Rd. Orono CMo<») M ocawfly (Mr SUM MN za> 55391 Cm0*f Hennepin July 7n _1 QQA, Types of Games Financial Report Qame<e> GfoMlIeceipfi Coal of ^Ksaa Nat Pfoffi HariMi Valya afPrlM ■yguifDafi^ angcaahl Bingo Q Raffles ^. Paddtewheets □' Tipboards □ Putl-tabs □. ..\ ... .... .■ ■ _.. . / declare all information submitted to the Gambling Control Board is true, accurate, and complete. >Nlfti>aof tram abom pmritue equtpmaK wm purebaaad DfaaCiiSarsliMtMnMMNr : : ::v:- ;SoM a true, aocurala. and oompieta. Local Unit Vi. Chlaf Eiacmisa OfHaai^ tlgnalim ent Acknowledgment I hava lacaNad a coiY'^yhykappication. Thu a ppdeaB on M ba raviawad by tf>a QanMig Corirol Board and wN baooma affacttut 30 days from lha Ma of raca^ oy tha cly or oounKu waaa die local uni of Qouammafi paaaas a raaoMion to Mcflcaily prahM the adMly A copy of that raao iition muat ba laoa frad by tfw OMnbin0 CoiM BoM wiNn 30 days of Vw dais INad In bai ow. CNaa of Via fM daaa have iO days bi siScfi to City or County GDurtv /7~y CHz Toonampnoma 0 2o A/o Township is □ organized □ unorganized* □ unincorporated* * Attach letter win be made avaiiabie in alteMative f-^nat (i.e. large print, braifle) upon request. Mail with $25 permit fee and copy of proof of nonprofit etatus to: Gambling Ccnirol Board 171 1 W. County Rd. B. Ste. 300 S. Roseville. MN 55113 White - Original Yellow • Board retur.ts to Organization to complete shaded areas A resolution granting gambling permit for METHODIST HOSPITAL FOUNDATION BE IT RES0L\'ED, ite City of Orono agrees to iRjrove the gamblmg permit application for the Methodist Hospiul Foundation for a one day operation. July 30. 1994, at the home of H. Kahler. 2723 Rainey Road. Orono The above listed resolution was mov'ed by _______ and duly seconded by ________________________• The fniInwing Couiicilmcmbers voted in the affirmative: The following Councilmemben voted in the negative: The above resolution was duly adopted on May 9, 1994. ATTEST:Edward J. Callaha n. Jr., Mayor Dorothy M. Hallin, City Clerk Date: To: Froo: Subject: May 2, 1994 Ron Mocrse, City Administrator StsTc Sullivan, Chief of Police Special Event Permit X have reviewed the application from Gear west Ski and Bike to hold their annual duathlon on June 5, 1994. X have no objection to the issuance of this permit* 9 parades & SPECIAL WmHTS PERMIT APPLIO^TIOM CITT or OROHO, MINNESOTA Phone Number: ___ _ _ _ __ Q^ar *5kC t!l 6>Kd Addresi; >-^J t-Ocu^ m K^at'e. Zlo: f^lYV t Cn ViiiL,_ _'^•6^‘^Cg, Perait #:_ ^feei 550.00 CUeAhUAv Location of Parade or Event:_Cf'^uC Uu.l*A 7er»on(s) and/or Organization(s) Handling the Event: - - - - PAV^cn (^VcyA^ - ^Ax.-A ---------—------------------------ - .s « \, vir _____ Hours of Event; jCiinn—\Date of Event: utYVc, o —— Reason or Purpose: *y iCL thl. appixc..x.n- special event, and •,^t,t!ities thkt Ly ari.i directly or indirectly f4rtS:™a«”e «°".p*e=\a“*eveit approved by the granting of this permit. Date ^/ao/<W Approved: Remarks s_ Denied:By: cm OF oFcm FmNCE OFFICE1 r<74fVi/vvna Jifc/"tvvwv 01 CEH 50. OC • ’C^CK n 50.00 RECElPT-rim' YOU !i302210 cool ROl T0S:i 04/25/- RECEIVED APR 2 5 1994 CfTYOFORONO GEAK WEST BIATHLON INFQRMATIQH Thanks fC5r joining us! Just a fe’S'* sicple rules I) NO DRAFTING! After tvo m'arninfi by our mean lookina mirihalls you will be disqualified. Te all know what drafting is. don’t do it! 1) NUMaER PLACEMLNT- You may attach your number to whatever ifiicie nf clothing you plan to wear throughout the race, aikes will not be numbered. 3) RUN *1 - The start is at the comer cf County Rd 6 and Crystal Bay Rd. The run winds around Orono school on gravel dirt and grass. Just follow the * RUN •2- This run i:arts at the bike iransiticn and follows the same path as the first run until you hit the track. You will run one loop around the track and then exit towards the finish up by the transition zone, BIICE - The course is easy to follow...jusi look for the corner marshalls and stay on the shoulders. Water wiU be available tl the transitions. PLEASE WMX (OR JOG) YOUR BIKE THROUGH THE MARKED TRANS IT I0.N ZONES. HELMETS MUST BE WORN AND BUCKLED WHILE YOU RIDE Awards will be presented approximately 1/2 hour following the Iasi finisher. (fi.^ m\eh RUN P 20U- i ItrUO^ ^ IWi^M CITT^OT OROllO ?.0. Box 66 Crystal Bay, JC* 55323 473-7357 Xicense tear June 1, '94 to _____________ ----— AP« 2 ® ^7.vAVt£ u.-*l£iniTocccc «e u»a«,i,ned-i.h.. \» “fror.* U«nir« -o “.o herewith wiKes epplication for • iic _ T Business/Fir- _ _Blacic.urj^.aiail^^ 1195 Sunny^i*id P.d N--------^IcityP (State) (Zip Coda) (Street) _ ^ _ Business Phone Number —- --—- ^ Applrcyi t s <Snn/fwl:i 5SH1 (Streetl\ Phone Number 472-297J7- - - -- Check One: (City )TstTtel Tzip Code) Individual fJu-eber of Vehicles to be used in Orono partnership 6 Corporation r Vfshicles (attached list if r.ore)* ■ (SEE ATTACHED) -- -- - ---- General area of City served _ schedule of collection charges/ dates til nf ornn" «Tf-ei> North rerndale. f«;KE ATTACHED)_ _ _ _ _ _ (Norwood, MnT customers in Orono :>-'nn Apocoxlmately Approximate number „ , mro Elk -. . r.rver Transljr,HFBf'-Plant. Mpls., NRG, Elk R1- - - - - - -- - - -- Location of dumping ^rea^f^_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _msS^SSrn -- - - - - - - - - - - - - -- the above business and I have paid all license x I am the owner and operator f th information is correct. and taxes required by law. Aoriiii^_L224- - -- - Date ippl leant for city USB ONLY Approval :--;i;'er«riew‘o|;.PPlication. ■ ' - r- -i City Official Date :iTY or OROKO ►.0. Box 66 Crystal Bay, MS* 55323 i#3-7357 BECBVfO MW 3 WW M3I?'8l &ciob -s Xacense Tear ^ Date Received Fee Paid _ _ Initials «>• «>h« indicated buiiness in the City of Orono and^.under,J9ned«l.h.. to cerate erewith makes application I r *w «ainess/Fir» ddress f^iy /J ______ (Street) tusiness Phone Hunher 5/ir ft {J /-^ »av— ____________________ _ ---- " - '(Street). hone Humber ^7^ *f Individual (City) •/^ ^ (State) (Zip Code) T« ar M f q r. 1*1^ £i_ il— General area Corpoj4f)#gn^,^ iff ifT <?i »£?( i' 5» OC C.€a‘ 7L 75. Ov r - .. »TSii^‘r-7.H4tV y ‘(7J yjW/ is-'si vAlULih.WjUD- partnership leck One: ______ inaiviuu-. ---------- laber of Vehicles to be used in Orono ---------------------- , •scrip'-ion of Vehicle, (attached list If more). !L n 0 J2IM------- - / Tfifr city served ______ _____————— hedule of collection jjh«r9eyday:e3^,j^1,. ~ Approximate number of customer, in Orono -------— ~ ^cation of dumpin, are. ^i-oTo'^V^R-'^'p'xi'cATXOK TO BE COMPUITE, TOO MOST BNC1.SB THE F0ta^X»^- LS’l^iHVqS?r.?Vy “l- The ^‘’^”e"infS*r^oY£ J _______________ _______________ jipplicarirc * _________"**""""*****/^ Itt 'oSB OMLIS After review^^of^application, staff^reco^en^j . .^ - * ' ——— --------------m^-. T ./^.k.A _____ lature ot ™ty Of f iciai.X^.fS.i’.Date CITY« mONO (612) 473 Post Offi Crystal B SEPTIC SYSTEM INSTAI^TJOIS LICBHSE APPLICATION X 66 I 55323 All Quast^^s oust ba answered* Licanse faa» bon<3» cartlf^.cata of insuranca, and avidanca of MPCA Certification must ba attachai. ^All applications ara subject to a ten (10) day approval period. 1. 2. Business or trade name 3. t Business phone 4. Nana of appli' I certification Residence phone 7 cant or corapa l>rt.^Am9e^'£€f 5. Type of certification held:Installer Certificate expiration data /7- Pumper 6. 7. 8. 9. Have you ever held a Septic System Installer license in Orono before? h4<s Most recent year {CfQ3 Have you ever had a license revoked? Where? _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ __— H ^ When? Do you do Municipal Sewer hook-ups? Yes _____ Do you pump out septic tanks? Yes 7^0— CITY OF OfdX*^ FiHASCE OFFICE 1311COOCOO 50.00 50.00 SUBMITTALS REQUIRED: l<ECEIPT-THm YOU/ mibio cool ROl U3:2: „a.ln, Cit, Oreno .. <>4m9. obligee. The State Plumbers Bond will not be accepted. $50-100-300,000 minimum Certificate of Insurance.^^N "a. Copy of current MPCA Certificate. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARB SUBMITTED . ^ . List persons other than applicant who are authori^d by you to apply for permits under your license [~<?r/»V3yia ^ - - -— The undersigned hereby makes application to the City of Orono, Minnesota, for a license to install and repair ’ and/or pump out septic tanks, subject to the^aws of the State or MiiinesotB. and tha Ordinancas of tlia Ci Date ^^n-9V Applicant's Signature Staff recommendation Approval Reason for denial: _ _ _ _ City Council Action Date Date license mailed _ _ _ Denial Approved Date 4<a>9/ • Denied C612) 473-7357 Post Office Box 66 Crystal Bay, MN 55323 SKPTIC SYSTEM INST.\LLERS I.ICEHSE APPLICATION irtY of ORONO ---------- . ctrf of *^***** irVuAn‘« ."“idLce C.rtiricitioriurt""; iip;™ionrlrrsubJect to . ten (XO) d.y .pprov.l p.rxod. 1. 2. 3. 4. 5. 6. 7, 8. 9. Business or trade nans Business address ______ MVIP pa Bm 277 TC35 mucTMnc. RiiBMy. MiawMtt 55308-0277 Business phone Residence phone H Kane of applicant or company rMres^tative holding MPCA certification _______O ___-X ----—--------------------- _ _ _ Pumper^^‘'■^InstallerType of certification held: Certificate expiration date Have you ever held a Septic System Installer license in Orono before? i-^Most recent year JJ_ Have you ever had a license revoked? Where? When? Do you do Municipal Sewer hook-ups? Yes Do you pump out septic tanks? Yes SUBMITTALS REQUIRED: CITY OF VHOHQ fish SCE office 01 CEH 50^cm TL 50.00 RECEIPT-rjm rui!^ ^ 1. $50.00 License naming City of Oron^o"“'a^''’^'‘ lFSZi- Hhr?ta?2 P?:^ers Bond -ill^ot b4 »==5l«d^4^ 3 {Ijifoo-soo.ooo minimum Certificate of Insurance. ^ Copy of current MPCA Certificate. ~ LICH.STS WH.I. HOT BE PROCESSED DHTtt MX ITEMS ARE SOBMITTED List persons other than applicant who are authorised by you to apply for permits under your license- - - - - - - --- - - - - - - - -- The undersigned her b m h a li^^ and"/oV°p'^ cut septirtfnh^, -b^act to laws ,f the State of Sinneso^TLid the Ordinances of the Cit^ Orono. _ . _ Date - Applicants Signature :iTY JSE )NLY Staff, recommendation Approval Reason for denial: _ _ _ _ _ _ __ City Council Action Date Date license mailed -- - - - - - Denial Date Approved.Deaird : _ TftL ur C‘4 *“•• •wv^ CITY of ORONO (612) 473-7357 Post Office BOX 66 Crystal Bay, MN 55323 SIT® E7ALUAT0R/DBSlGH®fl T.ICENSB APPLICATION cry.t.l B.y. «. 553^3 .V All q»..t:lon. ^11 *“*’^*'" *V Certification must be a ?10» day approval pariod. (\ L L,, ^ i 1. Busincs, or trad. na»e 2a 3. 4. 5. 6. 7. Name ozcertificat >jn£ja. ^\nk iL. a^IgS«!“ctrt?iica?c":iF^Ira-7^a cite evaluator .VC d«iqner. Cartifica.v —^ orono before f ^ ^orono before. „av. you cvar had a Ucana. „v^d_^i^_-----------^ Where? -------------- f 3v1 V' V » 0^/2^r sobhittals REQOIRED* Date ___p .'W<?y Ai,pUcant ■ a signature ,/-V^ Date st,.£ reconwendation Approval ^7 Denial^ ^ Reason fo*^ denial: -r---------------Approved ~ ^— Dcni City council Action Date - - - - PP Date li '«n6« "Ailed -------------------- a W V* 2 6 1994 citvofobono 05/31/94 PRi 210 -CM PRREGOR Cl PAY ENP I MAMS if ■ i 4$918602€ 10324877 470386089 473848272 478527188 CALLAHAN, EDWARD J OOBTTEN, J.DIANN HURR/' JOBLLEN L JABBOUR, GABRIEL KELLEY, CHARLES DPT 11 11 11 11 11 YTD GROSS CURRENT GROSS 1500 1208 1208 1208 1208 00 35 35 35 35 300 241 241 241 241 00 67 67 67 67 1,268.68 .* r . Vi ’’I S' *.y' • ^ • 4. • 04/24/94 PRj CB PRREGOR 0209 EMP • HAME 471588060 474563339 476921819 4718408'71 475443862 468843004 47250i991 469526026 475989721 468821018 472529007 468701868 507585424 469686562 468420832 469087884 474667812 475380151 477500666 475444249 477463877 471569863 473141624 ANDERSON. BRUCE L BOBZIEN, SUB A BORIS. SCOTT W BOSMA, JAMIE L B.’lKKH.tUS, JOHN F CARLSON, MI'~HAFL B CHESWICR, GARY B CORNICK, JAMES L DEMBOUSKI, JAY C ENGLISH III, IRVING ERICKSON, KURT R FISCHENICH, DAN T FRITZLER, JOHN M GAFFRON. MICHAEL P GERHARDSON, JOHN R GOMAN, DAVID J GREGORY. JAMES D HALLIN, DOROTHY M HANSEN, STEVEN C HANSING, CAROL J HASEMAN, JOHNSON. JOSTROM, KARNITZ, CAROLE BRADLEY P FOREST J RICKY D477647279 476020397 KING, ANITA D 471848180 504260307 504260307 472500574 121262417 475344512 480843542 477700023 334506281 473108428 468909535 476783251 470 /00901 469848107 475382983 473746173 473609629 470566529 469629194 475569177 267460042 472563051 474663296 TOMCHECK, LAWRENCE 470704904 TOMCZYK, MARK W 475505292 VANG, BRUCE L 468629488 VEE, LINDA S 477881539 WECKMAN, STEPHEN J KNUTSON, CHARLOTTE KNUTSON, CHARLOTTF KUEHN, THOMAS M MABUSTH, JEANNE A MCINTYRE, WILLIAM I MCNICHOLS, DAVID L MOORSE, RONALD J MOROWCZYNSKI, JAME2 OAS. DANIEL O OBERAIGNER, SCOTT < OBRIEN, RANDY L OMAN. LYLE E PALMER, GREGORY A QUAST, WAYNE A RATHBUN, BARRY J ROSS, JOHN A SCHOENHOFF, JOHN B SKREEN, DALE S STEFFENHAGEN, RONA SULLIVAN, STEPHEN : THOMTON. MARK R YTD CURRENT DPT GROSS GROSS 31 15231.63 1826.28 31 9450.78 104^.56 31 1861.53 423.70 12 5351.23 664.59 42 14582.60 1621.36 31 240.24 240.24 31 15544.80 1727.20 31 16455.07 1796.34 31 16034.85 1739.06 31 15663.28 1664.38 31 14460.56 1611.52 31 14828.63 1958.39 31 15230.10 1692.24 33 13338.46 1483.13 42 29410.48 2133.11 35 2813.74 295.59 42 11972.06 1163.03 12 11500.95 1278.96 42 11156.27 1113.04 31 5206.94 559.39 12 9648.52 1041.47 31 15112.72 1611.51 93 104.53 104.53 31 1655.54 275.73 35 638.42 65.72 N 31 278.02 278.02 K 15 9356.21 1018.26 A 15 10503.01 1146.80 15 19585.85 2177.28 33 16684.24 1854.88 E 93 364.43 282.57 31 14009.19 1585.15 12 21606.55 2311.84 1 31 14720.27 1641.73 93 402.99 281.79 3 42 11479.73 1238.26 92 11315.29 1113.04 33 13140.05 1483.12 42 11046.18 1363.49 92 13936.47 1614.52 92 11333.64 1113.03 93 271.21 211.88 31 4348.18 535.08 42 11062.35 1113.04 LD 93 11500.99 1278.96 K 31 18610.24 2068.88 31 14473.45 _1848.22 F 31 14667.48 1630.79 31 14670.62 1611.52 33 11702.58 1304.16 12 10068.59 1120.75 33 10609.77 1186.48 V *l\'- ■ i- '•v*** * • * •• if 63,546.54. \ ... L.it&y- oCOUNCIL CHECK REGISTER Thu May 5 1994 23:29:10CHECK HO CHECK DATE CHECK AMOUNT * VENDOR DESCRIPTION ACCOUNT I0304931994/05/09 $185.00$185.00*ACCESS CONTROL TECHNOL ELECTRIC WORK ON POL 0129 4343 122240304941994/05/09 $37.62$37.62*ALL STAR ELECTRIC ELECTRICAL WORK 0581-4345 f2C7-220304951994/05/09 $810.47$810.47*ALL STEEL PRODUCTS MISC SUPPLIES 0249-4233 1830 030496 1994/05/09 1994/05/09 1994/05/09 $100.00 $240.00 $90.00 $430.00* AMDER.SON, BARBARA AMDERSON, BARBARA AMDERSON, BARBARA PLANNING COMMISSION CITYCOUNCIL PARK COMMISSION 0174-4306 0039-4306 0290-4306 001533 001533 C01533 RO NUM' 030497 030503 030S04 030505 030505 .. V . ,r • 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 i • a • * P«9« 1 MANUALOH• 73.00 73.00* $315.01 $44.05 $360.06* $34.74 $34.74* $55.45 $55.45* $36.99 $36.99* $19.04 $19.04* $297.13 $297.14 $594.27* $2.10 $2.10* $136.30 $136.30* ASPLUND COFFEE AT 6 T INFO SYSTEM AT 6 T INFO SYSTEM AUGIES MOBILE CHEF BAXTER SCIENTIFIC BOBZIEN\SUE A BRINKHAUS-JACK CELLULAR ONE - MTKA CELLULAR ONE - MTKA CELLULARONB CHUNKS GARAGE $71.39 CITY OF LONG LAKE$16.68 $88.07^CITY OF LONG LAKE $10.00 CITY OF ORONO$4.71 CITY OF ORONO$4.26 CITY OF ORONO COFFEE MAINTENANCE MAINTENANCE CONCESSIONS EVIDENCE BOTTLES UNIFORM REIMBURSEMEN MILEAGE PURCHASE OP CELLULAR PURCHASE OF CELLULAR GERHARDSON CELLULAR REPAIRS TO SQUAD (tl6 LIFT STATION HARRING SIGNAL AT WILLOW/12 SEMINAR-MIKE GAFFRON KEYS FOR GOLF COURSE 0129-4342 0129-4340 0129-4340 0590-4802 0129-4232 0129-4221 0549-4381 0569-4320 0549-4320 0249-4320 0129-4341 0569-4344 0249-4324 0174-4356 0039-4321 0590-4232 68475 5210449739 5210448125 23213 2789201 001536 001534 3590 3590 001535 4410 0olS38 001537 001545 001545 001545 6HOH OH OH QU OH OH OH OH OH OH OH OH OH OH OH OH OH OH QH II I «.i *• • ; ‘CXJUNCIL CHECK REGISTER .Thu May 5 1594 CHECK »0 CHECK DATE CHECK AMOUNT 23:29:10VENDOR •<*r. ,* I*DESCRIPTION ACCOUNT I INVOICE Pag* 3PO HUM. MANUAL» 0J0S07 i 03050S 030509 030510 030511 030512 030513 030514 030515 030514 030517 030518 030519 030520 030521 1994/05/091994/05/091994/05/091994/05/091994/05/09 1994/05/09 1994/05/09 • I 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 • ^ * 1994/05/09 4 1994/05/09 1994/05/09 1994/05/09 • • • • • •« a •• (• • II $17.44 $2.4S $24.19 $24.15 $5.to $93.40* CITY OF ORONO CITY OF ORONO CITY OF ORONO CITY OF ORONO CITY OP ORONO OFFICE SUPPLIES MEALS FOR COUNCIL SUPPLIES GOLF COURSE SUPPLIES POLICE MEETING (ROLLS) $17.23 n7.23* CITYVIEV PLMEG k HTG MISC REPAIR SUPPLIES $722.44 $722.44* CONNELLY INDUSTRIAL EL REPAIR LS |1S kl$ $181.25 $188.25* CRAGUNS LODGE k CONF C I>K34A ANNUAL CONFEREN $25.00 $25.00* CRIME WATCH ANNUAL DUES CRIME WA I 200.00 200.00* DOUGLAS E. KIRCHNER REFUND VARIANCE APPL $5,245.00 $5,245.00* E-Z RECYCLING APRIL PICKUP $73.00 $73.80* EXPRESS MESSENGER SERVICE 10 POPHAM HA $50.00 $50.00* FIRE FIGHTERS ASSN. OP MEMBERSIIIPS $45.00 $45.00* FRITZLER J MARK REIMBURSE FOR PURCHA $112.50 $112.50* GANZEL SIGNS LETTERING ON DOORS 25.00 25.00* GOVERNMT TRAING SERV BUILDING CODE SEMINA $22.88 $22.88* HAPPYS POTATO CHIP CONCESSIONS I 20.00 20.00* HENN COUNTY TREAS HOMESTEAD APPLICATIO 11:271.88 271.80* HENN CTY FIN DIV MARCH ROOM k BOARD $145.48 HENNEPIN CO-OP SEED SEED «. t f, 0039-42100020-43820582-42320129-42320200-4382 0583-4343 0549-4344 0039-4354 0129-4380 9001-3502 0295-4392 0299-4303 0039-4323 0129-4341 0249-4233 0174-4356 0590-4802 0059-4210 0080-4358 0578-4231 i . 001545001545001545001545001545 OH OH . OH OH OH 14045 3145 OH 001544 001573 001541 001539 08/123941 V OH OH OH OH OH 001549 OH 001548 oH 001572 001540 144089 ' r CA9410 •• • ..V' 'iw • .i.W;. I’t*. Vi /' ? OH ^ OH ■ . ■ 1 OK 2438 5S639 ‘I ■: . I : • t .. 4 •. v" I • ! OH OH 93; ; I, i OK 5; • \ . l ••• r • * *11• T . • ' . f ^ ^ • ■ .i* '•.I k-vSi'i • t ■»7- 'I (j @COONCXL CHECK REGISTER Thu «*y 5 19*4 23:29:10CHECK MO CHECK DATE CHECK AMOUNT$145.41*VENDOR DESCRIPTIC*!ACCOUNT • INVOICE PO MUM.P«9« 3 MANUAL030522030523030524 030525 03052C 030527 030528 030529 030530 030531 030532 030533 030534 1994/05/091994/05/091994/05/091994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 • r • I ; :sill,72 $111.72*$28.47$28.47*$31.34 $4 .27 $37.43* $50.00 $50.00* $14.13 $14.13* $850.00 $850.00* $441.70 $441.70* $9.50 $9.50* $400.74 $29.40 $430.14* I 24.98 24.98* $223.97 $447.94 $223.98 $1,441.75 $130.14 $2,487.80* INTERSTATE BATTERIES MEM lATTERTKNUTSON, CHARLOTTEKUEHN, THOMAS KUEHN, THOMAS MILEAGE RBIMBURSBMENMILEAGE RBIMBURSEMEN MILEAGE RBIMBURSEMEN FLOWERSLONG LAKE FLORAL LONG LAKE POWER EQUIPM PARTS FOR CUTOFF SAM MARILYN J. CORRIGAN MARTINS NAVARRE 44 MEHA TREASURER MINNEGASCO MINNEGASCO MN BENEFIT ASSN MOTOROLA INC MOTOROLA INC MOTOROLA INC MOTOROLA INC MOTOROLA INC CONSULTING SERVICES APRIL AUTO MAINT MEMA ANNUAL MEETING CITY HALL HEATING HET GARAGE-NAVARRE LIFE INS MAINT AGREE RADIO EQ MAINT AGREE RADIO EQ MAINT AGREE RADIO EQ MAINT AGREE RADIO EQ BATTERIES FOR RADIOS $22.44 NSP $194 .47 NSP $3.14 NSP $1,314,73 NSP $1,957.90 NSP $928.98 NSP $4,421.66* $1,085.00 NSP NSP NSP NSP NSP NSP NSP COSTS COSTS COSTS COSTS COSTS COSTS STREET LIGHT BILL 0249-42320049-43810049-4381 0549-4381 0020-4399 0249-4342 0299-4304 0129-4341 0129-4354 0099-4324 0549-4324 0129-4152 0549-4342 0174-4342 0549-4342 0249-4342 0249-4232 0290-4324 0249-4324 0175-4324 0099-4324 0549-4324 0549-4324 0249-4325 II11211C0015(20015(3 00150 001557 (143 0015(7 001S4( 001571 001574 001543 001544 S9922971 S9922971 S9922971 S9922971 W2797513 001577 001577 001577 001577 001577 001577 001547 M S ! ' •. 1 .,' [oa^ , .4 OR r H ' •oh , 1 • » • * . '• . ' i , •: OH 'OR *OH OH OB QH .-•i . • ! • •■Jr • • •: OH * t OH • C •OH .3 OH . ..OH' V- It OH1 »; ‘ OH ^ . OH r,; OH 1 ’■ ' OH•4 . , OH ir ’V ; oh ‘ > 'If, .• '■ • !.• * • 4. ' r • •• •• p ♦ * • H. ‘ • I \ $ • • I *t* » . • *• ') •COOHCIL CHECK REGISTER Thu May 5 1994 33:29:10 Ra§« 4030535 1 03053C 1994/05/09 $1,085.00* $3,562.57 !;3,562.57* PERA 11 030537 1994/05/09 8 t I ^ f ^ ♦ j511.80 511-40* Q3Q538 1994/05/09 1994/05/09 1994/05/09 $122.74 $82.00 $21.00 $225.74* i 030539 1994/05/09 ‘ i. ' 4. $4, 694.20 694.20* 030540 1994/05/09 $71.60 $71.60* 030541 1994/05/09 $50.26 $50.26* 030542 1994/05/09 19 )4/05/09 1994/05/09 ^ * $17.27 $12.43 $72.78 $102.48* 030543 1994/05/09 u ,924.58 ,924.58* 030544 1994/05/09 1994/05/09 $92.00 $46.00 $138.00* 030545 1994/05/09 $12.31 $12.31* 1 030S46 11 030547 1 030548 1994/05/09 11 i 1,065.00 1,065.00* 1994/05/09 «• • • /f * • ■ t 1 I\ i $715.99 $715.99* 1994/05/09 . 1 1 1. ^ ^ \ 1 t 1\ 1 $144.90 $144.90* 1994/05/09 1994/05/09 : 030549 ,. . 1 1 $350.00 $275.00 $625.00* 11 1 » r V <» ■ PRO TIRE k EXHAUST PRO TIRE fc EXHAUST PRO TIRE k EXHAUST PUBLIC EMPL RET ASSN REED VENDING RICKS SUPERVALU RITZ CAMERA RITZ CAMERA RITZ CAMERA DESCRIPTION ACCOUNT •INVOICB PO HUM. MANUALPERA W/H 9999-2030 001575 OH AD FOR PT GOLFCOCJRSB 0590-4322 001541 OH » / i -• OIL CHANGE fc BRAKE W OIL CHANGE fc NEW BEL TIRE CHANGE FOR #165 0129-4341 0129-4341 0129-4341 1797 1783 1793 .. OHll • PERA 4/11 - 4/24 9999-2031 001576 •f -a. 4 ‘ 1 i ‘1 •• i CONCESSIONS 0590-4802 9 11471 . . 4 * • *S‘ .. OH •y‘ ,‘ f. *i SUPPLIES GOT.r COURSE 0590-4210 • • f 001549 ’ t OH J film DEVELOPMENT film PROCESSING FILM PURCHASE 0129-4210 0129-4210 0129-4710 3768768 001568 3768288 OH OH OH PURCHASE GAS 9001-1260 27677 OH CLEAR ROOTS CLEAN SEWER SV 2505 0569-4344 0569-4344 9417747 001556 OH QUi • ROLLINS OIL CO ROTO-ROOTER ROTO-ROOTER SCHARBER k SONS INC WHEEL FOR JOHN DEERE SENIOR COMMUNITY SERVI 2ND QTR, SENIOR COMM SHIELY COMPANY STREET SURFACE MATER SOUTHAM BUS COMM USA I ADS FOR BIDS ST PAUL,CITY OF ST PAUL,CITY OF TRAINING . „REFUND APPLICATION $ 0590-4232 0100-4385 0249-4233 0249-4323 0129-4356 9001-3502 4464 001565 1 I ./I . ■ ''i i OH OH ir;” * 51425 . a,, 5°' C030660 , r-A . y• . 1. . . ! - J»Tir4 . »J,1; ,1. ,CPC030660 OH ?' ' OH OH^ ^-A: • *• <1 • * 1| ♦ * i ^ iV* ■ 4. i 2 • - itr I’lT " y , *- • • • , : •;'{:.•«* \ *<• vy vb y ■» V.*! • « • <•3COOHCIL CHECK EEGISTBR Thu Ray 5 CHECK NO CHECK DATE CHECK AMOUNT••••••••030S50 $90.02*030551 1994/05/09 $21.45$21.45*030552 1994/05/09*$180.00$180.00*030553 1994/05/09 $12.87$12.87* 030554 1994/05/09 1994/05/09 $530.11 $433.72 $963.83* 030555 1994/05/09 $114.09 $114.09* 03055C 1994/05/09 $614.29 $614.29* 030557 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 1994/05/09 $149.50 $503.91 $50.45 $150.30 $81.20 $28.40 $81.20 $40.60 $81.20 $81.20 $12.18 $1,260.14* 030558 1994/05/09 1994/05/09 $71.63 $58.85 $130.48* 030559 1994/05/09 1994/05/09 $145.45 $322.48 $467.93* 030560 1994/05/09 1994/05/09 $1,374.15 $2,704.50 $4,078.65* 030561 1994/05/09 $64.68 $64.68* • .♦t . . . ! ‘' • » • • l*f4 23:29:10 VENDORSTA-SAFE LOCKSMITHSSTAK TRIBUNE 8TRGAR ROSCOB FAUSCH SULLIVAN, STEPHEN TOWN & COUNTRY TOWN k COUNTRY ULTIMATE AWARDS US WEST CELLULAR INC US US US US US US US US US US US WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST COMMUN COMMUN COMMUN COMMUN COMMUN COMMUN COMMUN COMMUN COMMUNcorwuN COMMUN VILLAGE CHEVROLET VILLAGE CHEVROLET WALDOR PUMP WALDOR PUMP WAYZATA-CITY OF WAYZATA-CITY OP WECKMAN STEPHEN DESCRIPTIONREPAIR LOCKS/DOORS 0129-4343 3348SUBSCRIPTION RENEWAL 0039-4240 001551ENGINEERING SERVICES 0299-4306 18REIMBURSEMENT FOR MS 0175-4356 001550 MAY SERVICES MAY SERVICES 0099-4349 0129-4349 00155S 001555 PLAQUES AND ENGRAVIN 0129-4399 4522 CELLULAR PHONE PURCH 0129-4320 001552 US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS 0590-4323 0129-4320 0175-4320 0590-4320 0939-4320 0569-4320 0059-4320 0069-4320 0174-4320 0249-4320 0549-4320 001578 001578 001578 001578 001578 001578 001578 001578 001578 001578 001578 OIL COOLER LINE INST MISC PARTS 0249-4232 0249-4232 64125 63945 WORK ON LS#9 WORK ON L5818 0569-4344 0569-4344 29166N 29187 WATER PURCHASED 1ST 1ST QTR FIRE PROTECT 9672-1299 0133-4318 001570 001566 MILEAGE 0174-4381 001553 PO RUN.Fag« S MANUAL OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH : : I • COUNCIL CHECK REGISTER Thu May 5 19U 33:29:10CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT • 0349-4341 INVOICE PO HUH.Pag* ( MANUAL0305431994/05/09 $10.00$10.00*NBSTSIDB WHOLESALE TIR REPAIR TRUCK §4290305C31994/05/09 :3L • • $9.00$9.00*WRIGHT HENN ELECTRIC SECURITY LIGHT 0349-4324 57411001554 OHOil$44,497.74 .• « ' ' ■ • • * **.• *. • » 9 • « «• « % • C • • t t • .3 • *•» R I j COUNCIL CHECK SUMMARY Thu May 5 1954 23:29:15 iPag* liFUND • 001 GENERAL FUND FUND f (72 WTR OPERATING PD FUND • (73 SNR OPERATING FD FUND I (74 G/C OPERATING FD FUND * 999 PAYROLL CLEARING $2S,710.52 $3.(84.39 $2,913.91 $732.17 $8,25(.77 $44,497.7( cCOOMCIL CHECK REGISTER Wed Apr 27 CHECK MO CHECK DATE CHECK AMOUNT 1994 23:46:44VENDOR DESCRIPTIONCITY COUNTY CREDIT UNI M/H 6 TRANSFERRED ACCOUNT » 9999-2030 INVOICE000926 Pa9« 1PO HUH. MANUAL ’IP03046S030466 030467 1994/04/271994/04/271994/04/271994/04/27 $5,296.00$5,296.00*$95.79$95.79*$16.88$64.40 $83.28* COLONIAL LIFE INS INS H/HCOMMERCIAL LIFE INS INS W/M FRITZLERCOMMERCIAL LIFE INS INNS M/H 9999-20309999-20309999-2030 000906000910 000911 Jrt.j, PC I IP IP 0304SI 1994/04/27 $9,223.62 $9,223.62* FIRST NATIONAL BANK OF WITHHELD FED/MEDCR/F 9999-2030 000927 IP 030469 1994/04/27 $2,750.38 $2,750.38* FIRST NATIONAL BANK OP CITY SHARE FICA/MEDC 9999-2032 000905 IP 030470 1994/04/27 $3€,533.73 $36,533.73* FIRST NATIONAL BANK OF NET PAYROLL TRANSFER 9999-2030 000922!IP 030471 1994/04/27 $1,274.00 $1,274.00* GREAT WEST LIFE ASSURJi DBF COMP W/H 9999-2030 000912 IP 030472 1994/04/27 $983.06 $903.08* GROUP HEALTH PLAN W/H INS 4/24 6 5/8 9999-2030 000908 IP 030473 1994/04/27 5 : ^ ^ $14b.50* HENNEPIN COUNTY SUPPOR MARK THOMTON 9C02667 9999-2030 000919 IP 030474 1994/04/27 $174.50 $174.50* HENNEPIN COUNTY SUPPOR DALE SKREEN8C0262310 9999-2030 000920 IP 030475 1994/04/27 1994/04/27 S170.00 $127.50 $297.50* HUMANE SOC OF WRIGHT C HUMANE SOC OF WRIGHT C 1ST QTR ANIMAL CARE 4TH QTR 1993 ANIMAL 0185-4360 9001-2040 000928 000926 IP IP • 030476 1994/04/27 $50.00 $50.00* ICMA RETIREMENT TRUST-W/H DEF COMP 9999-20:0 000923 IP 030477 1994/04/27 $350.00 $350.00* LAW ENFORCEMENT LABOR W/H UNION DUES 9999-2030 000918 tp 030478 1994/04/27 S562.02 $562.02* MED CENTER HEALTH PLAN N/H INS 4/24 A 5/08 9999-2030 000925 IP* 030479 1994/04/27 $2,212.56 $2,212.56* MEDICA CHOICE INS W/H 4/24 fc 5/8 9999-2030 000924 IP 1994/04/27 1994/04/27 1994/04/27 $2,016.53 $1,272.42 $1,143.50 MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE APRIL HEALTH INS APRIL HEALTH INS APRIL HEALTH INS 0129-4151 9001-1298 0039-4151 194091102552 194091102552 194091102552 IP IP IP >■ COUNCIL CHECK REGISTER N«d Apr 27 1994 CHECK NO CHECK DATE CHECK AMOUNT 23:46:44VENDOR DESCRIPTION 1994/04/27 1994/04/27 1994/04/27 1994/04/27 $291.01 $1,164.04 $199.58 $465.75 $478.17 $7,031.00*$5.09$5.09* $2,823.03 $2,823.03* $100.00 $100.00* $1,313.46 $1,313.46* $54.00 $54.00* $3,562.57 $3,562.57* $138.00 $948.39 $1,086.39* $18.00 $18.00* $70.95 $70.95* $76,097.45 MEDICAMEDICAMEDICAMEDICAMEDICA CHOICECHOICECHOICECHOICECHOICEMINNESOTA BENEFIT APRIL HEALTH INS APRIL HEALTH INS APRIL HEALTH INS APRIL HEALTH INS APRIL HEALTH INSINS W/H MINr’ESOTA DEPT OF REVE STATE TAX W/H MN STATE RETIREMENT-DE W/H DEF COMP PEBSCO/US CuNF OF MAYO W/H DEF COMP PERA LIFE INS PERA SAFE BENEFITS SATE BENEFITS UNITED WAY PEBSCO/OBRA INS W/H PERA W/H MAY FEE MAY FEE CHARITY W/H W/H DEF COMP ACCOUN* R0069-41510249-41510549-41510569-41510174-41519999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 0299-4306 9999-2030 9999-2030 9999-2030 INVOICE PO HUM.1940911025S2194091102552194091102552194091102552194091102552000907 000915 000914 000909 000916 000921 10655 10655 000917 000913 Pag# 2 MANUALIPIPIPIPIPIPIP IP If IP IP IP IP IP IP r * ; '4 • f k’.Ii y ♦ ■ ('-i INFORMATION ITEMS COUNCIL MEETING COUNOLIISnNG MAY 9 1994 CnYOFORONO OF To: From: Date: Subject: Mayor and City Council Ron Moorse, City Administrator n// May 6, 1994 Lump Sum Payment to Jim Gregory Jim Gregory and several other Public Works Maintenance staff had their base pay rates frozen several years ago to bring them into compliance with the City s Compensation Plan. While their base pay amounts were frozen, they received lump sum increases as a way to keep the base pay frozen while providing for the annual compensation adjustment. In 1993 the lump sum increases were discontinued because the pay rate in the Compensation Plan had caught up with the pay rates of those frozen. However. Jim Gregory ’s pay rate has remained frozen due to the original differential between his actual pay rate and the Compensation Plan being larger for Jim Gregory than for the other staff. Because Jim Gregory ’s salary is still frozen, it is recommended he continue to receive a lump sum pay adjustment in the amount ot the annud compensation adjustment. Mr. Gregory ’s pay rate is currently $.62 or 4.4% over the Public Works Maintenance pay rate. This will require his base pay to be frozen for two more years. Please let me know if you have questions or concerns about this recommendation. Transportation: Plan to open extra lanes on narrowed segnnent of 1-394 advances The bottleneck oa Interttaie Hwy. 394 near the Penn Av. exit vouM be widened under a bill approved Monday by the Senate. The provision to repaint the lane stnpes to create a third lane was added to the Senate omnibus transportation bill Sen. Gen Olson. IR-Minnetrista. whose suburtan constituents commute into downtown Minneapolis alon| 1-394. The six-lane hi|hway — not counting the two, dual-occupancy lanes — narrows to four lanes at Penn Av. and then opens up again to six lanes. But there alr^y is room for the extra lanes, and no new construction would be need­ ed. "The road exists, but is Mated out of use.” Olson said. "Remov ­ ing that restriction on 330 feet of roadway will help relieve conges- tioa.- But the design was part of a com- promise with neighborhood groups that permitted the upgrad­ ing of old Hwy. 12 into an inter­ state freeway. Legislaton repre­ senting the area say widening the highway would bre^ a laomise to residents of that area. Attempts to pass the 1-394 widen­ ing in the House have failed. But the isstie now will be part of the negotiations between the House and Senate over the omnibus bill. — Daaaia J. McGrath V oa AV xa . 4C *5^ twXW rauAvuub C poao V j«-VovAH.Tvoxm MINUTES OF THE CITY OF ORONO PLANNING COMMISSION MEETING HELD ON APRIL 18, 1994 ATTENDANCE The Orono Planning Commission met on April 18, 1994 in the Orono City Council Chambers with the following members present: Chair Charles Schroeder, Sandra Smith, Charles Nolan, Steve Peterson. Janice Berg and Dale Lindtjuist. Commissioner Candace Rowlettc was excused. The following represented staft: Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and City Recorder Barbara Anderson. Chair Schroeder called the meeting to order at 7:00 p.m. (#1) #1914 THOMAS G. ANT) PHYLLIS COLWELIVTIM ANT) BETH TRAFf’, 1130 OLD CRYSTAL BAY ROAD AND 2640 NORTH SHORE DR1\ E - SLUDIVISION OF A LOT LINT REARRANGEMENT Gaffron gave the staff report and noted that staff recommended approval of the request under either of the two options listed in the staff report. Peterson asked about the garage and Gaffron responded that it would continue to be located 10 ’ from the lot line and belongs to the Colwell’s. Tom Colwell stated that they had initially jogged the lot line to meet the two-acre lot area requirement. Smith asked if there was the potential for another subdivision in the future and Gaffron responded that staff had not analyzed that potential. Mabusth commented that Lot 3 was no longer deemed to be a buildable lot. and it was unlikely there would be further subdivision on this propeny. Lindquist asked about the staff recommendation and Gaffron responded that depending on a number of factors, at the discretion of the County Surveyor, this may have to be a replat rather than a metes-and-bounds division. If a plat is done, it will have to be reviewed twice by the City Council whereas if a metes and bounds description is used, it only requires review once by the Council. Mr. Colwell stated that his surveyor had recommended that they do a formal plat to avoid any further complications. Chair Schroeder opened the Public Hearing. Tim Traff noted that it was more expensive to do a plat rather than a metes and bounds description. He asked if there were any variances from the new ordinance requiring a 150 ’ setback instead of the 75 ’ distance. Chair Schroeder responded affirmatively. As no one else wished to speak, he closed the Public Hearing. It was moved by Smith, seconded by Peterson, to recommend approval of #1914 Subdivision/Lot Line Rearrangement for Thomas G. and Phyllis Colwelin'im and Beth Traff at 1130 Old Crystal Bay Road and 2640 North Shore Drive per the staff recommendation. Ayes 6, nays 0. MKUTES OF THE CITY OF ORONO PLANNING COMM MEETING HELD ON APRL- iS, 1994 ik'U [ON (H) #1921 MARY A. ULRICH, 1000 LOMA LINDA AVENLE - PRELIMINARY SUBDIVISION Gaffron reviewed the staff report and noted that staff recommended approval subject to the conditions listed in the staff repeat. Mark Gronberg was present representing the applicant. Peterson asked if the applicant had any problems with any of the conditions and Gronberg responded negatively. Discussion ensued regarding the park dedication tec and Gattron noted that it would be 8% of the fair market value of the new lot only. Chair Schroeder noted this was a public hearing; no one present wished to speak and the public hearing was closed. Discussion ensued regarding the setbacks from the easement froroi the ordinary high water mark to avoid problems in the future. It was moved by Lindquist, seconded by Peterson, to recommend approval of Preliminary Subdivision for Mary A. Ulrich, 1000 Loina Linda Avenue subject to stipulations I-11 as listed in the staff report and the addition of #12, to require delineation of the wetland along Loma Linda Avenue. Ayes 6, nays 0. (#3) #1922 ROBERT AND ELIZABETH MELAMED, 1000 OLD CRYSTAL BAY ROAD SOUTH - PRELIMINARY SUBDIVISION The ^^licant was not present. Chair Schroeder moved, Lindquist seconded, to recommend approval of #1922 Preliminary Subdivision for Robert and Eli2abeth Melamed at 1000 Old Crystal Bay Road, subject to the conditions listed in the staff report. Ayes 6, nays 0. (#4) AMENDMENT OF SECTION 10.56, SUBDIVISION 3 Gaffron reviewed the ordinance criteria and definitions proposed for inclusion in the ordinance. Staff recommended approval of the ordinance amendments. Peterson asked what other cities were doing and Gaffron responded he had not discussed this with any others. He felt that the City needed to have something that would give staff the ability to make a determination without having to resort to litigation to resolve differences of opinion. He noted that the Department of Natural Resources (DNR) was concerned about erosion and protection of the lake shore. Lindquist commended staff on a well-written ordinance. Chair Schroeder opened the public hearing. Beverly and Louis Smerling, 2683 Casco Point Road were present. Mrs. Swirling stated she felt that this was relevant and needed and was glad to see some changes made. She noted they have had a great deal of erosion and have had to build retaining walls on their property to stabilize it. Chair Schroeder noted that drainage was always a concern in the Casco Point area and the Planning Commission is looking at where it was appropriate to construct houses. I MINUTES OF THE CITY OF ORWJO PLANNING COMMISSION MEETING HELD ON APRIL 18, 1994 (#4) AMENDMENT OF SECTION 10 J6. SUBDIVISION 3 (CONTINUED) It W3S moved by Lindquist, seconded by Smith, to recommend approval of the Amendment to Section 10.5b, Subdivision 3, and direct staff to forward it to tne City Council, Ayes 6, nays 0. (#5) 0792 MIN'NETONKA POWTR SQUADRON, 510 BIG ISLAND - CONDITIONAL USE PERMIT - PUBLIC IffiARING Gaffron gave the staff report and stated that staff recommended approval of the request subject to the conditions listed in the staff report. Peterson commented he telt that it was good to have a conditional use permit issued for the use and he did not want to limit the applicants to 150 users. The applicant noted that their membership was about 300-350 family units, and they did not want to be in a situation where they h^ to count the number of people on the site. Chair Schroeder noted this was a public hearing; no one present wished to speak, and the public hearing was closed. Lindquist asked the applicants what number they would feel comfortable with and the applicants responded that they typically have had between 250-300 people on the site during the busiest times. They were willing to give the City a schedule of events so they would be informed of the activities on Big Island, but they preferred not to be limited or having to take a head count. Chair Schroeder asked if 500 people would be acceptable as they were not comfortable having it open ended. Discussion ensued regarding the potential number of people the island could accommodate safely. Peterson commented that .he Minnetonka Power Squadion had not done anything other than operate the facility in a very responsible manner; the other Commissioners concurred. It was moved by Schroeder, seconded by Lindquist, to approve #792 Conditional Use Permit for Minnetonka Power Squadron, 510 Big Island, as outlined in the staff report, with the limit of 500 people, beyond which the Minnetonka Power Squadron will need to obtain approval on a pcr-cvent basis from the City Council. Ayes 6, nays 0. (#6) #1881 JOHN WHITMAN, 1570 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT/VARIANCE - PUBLIC HEARING Gaffron reviewed the staff report and noted that staff recommended approval of the conditional use permit and variance subject to the six stipulations listed in the staff report. He discussed the Minnehaha Creek Watershed District proposal to construct an 8-acrc basin to catch sediment from the surrounding properties. MINUTES OF THE CITY OF ORONO PLANNING COMMISSION MEETING HELD ON APRIL 18, 1994 (#6) #1881 JOHN WHITMAN, 1570 SIXTH AVTNUE NORTH - CONDITIONAL USE PERMITA^ARIANCE - PUBLIC HEARING (CONTLMJED) John Whitman, the applicant was present, and indicated he was aware of those plans. Nolan asked what the applicant proposed to do when the driveway was constructed, regarding the proposal to construct an accessory structure, and Whitman responded that the driveway was being constructed to provide *Kcess to that portion of his property and it was being doiK for legal purposes. Chair Schroeder noted this was a public hearing; no one present wished to address the Commission on this item. Whitman asked about the time period in which he had to complete the construction, as timely completion was of concern. Gatfron responded that he wrould have one year from the date of the final resolution in which to complete the construction. It was moved by Peterson, seconded by Smith, to grant approval of #1881 Conditional Use Permit/Variance for John Whitman. 1570 Sixth Avenue North, subject to the six conditions listed in the staff report, and noting that the culvert size would be determined by the Minnehaha Creek Watershed District, as included in the Developers Agreement. Gatfron noted that the City Engineer can oversee this process and a time frame can be establisted within the Developer ’s Agreement. Ayes 6, nays 0. (#7) #1912 TEVl HILLMAN, 400 LEAF STREET - VARIANCES - PUBLIC HEARING Mabusth gave the staff report and noted that the af^licant advised that there are no access easements over the driveway serving the adjacent properties. Lindquist commented that the house has been there long enough so that it was an implied easement. Peterson asked if the applicants had considered moving the house back to eliminate some of the variances. Mabusth delineated the building envelope on the plans and noted that it would still require some setback variances because the house was 73 feet in length. Peterson asked about the accessory buildings and Tim Hillman responded that they were for his personal storage use. He stated he would be removing the vehicles stored outside from the property. Mabusth reviewed the drainage concerns and noted the City Engineer will review the drainage problems at the north lot line which result from final grading for Stubbs Bay sewer project. Discussion ensued regarding the setbacks incurred by the addition and staff advised that the addition would encroach no closer than the existing residence to the adjacent lot line Hillman stated he has to put the entry addition on the south side. Mabusth noted that the garage has two levels; Hillman stated there would be three stalls on the upper level and two on the lower level. He stated he is a collector of antique cars, which is why he needs such a large garage and the additional storage structures. ■*r I MINUTES OF THE Cm’ OF ORONO PLANNLNG COMMISSION MEETING HELD ON APRIL II, 1994 (#7) #1912 TIM HILLMAN, 400 LEAF STREET - VARIANCES - PUBLIC HEARING (CONTINUED) Smith inquired about the old building materials on the property and whether they would be used in the new construction rar removed. Hillman responded they would be removed. Berg inquired if Mr. Hillman intended to do the construction himself of have it done, and Hillman responded he would do it himself with the assisunce of a couple of friends. He proposed to have the outside construction completed by fall and intended to complete the interior during the winter months. Nolan commented he was uncomfortable with the setback variances and he felt they should be reworked so that they eliminated the side setback variance. Lindquist agreed, and noted he would like to see as few variances as possible. Peterson commented he felt the proposed plans were an improvement to the property but he felt that the variances should be eliminated on the south side. Smith asked if any accessory structures would be removed, and Hillman responded not as long as they were under the lot coverage limit. Nolan inquired if there would be a time limit placed on the construction and Mabusth responded that such limitations are spelled out in the Municipal Code. It was moved by Peterson, seconded by Berg, to recommend approval of #1912 Variances for Tim Hillman, 400 Leaf Street, subject to the following conditions: 1. 2. The applicant shall establish and adhere to time limits for the construction. The exterior of the garage shall match the construction materials of the new house; this IS to be completed prior to issuance of a Cenificate of Occupancy. 3. All exterior storage violations shall be removed prior to issuance of a building permit. 4.The City Engineer shall review the drainage concerns and work with the applicant to resolve problems. Ayes 4, nays 2. Smith and Nolan voted nay. (#8) #1913 GREG J, TRUCHINSKI, 1580 FOX STREET - CONDITIONAL USE PERMIT - PUBUC HEARING Greg Truchinski was present and requested that he be allowed to keep the tower in its present location because it provided less of an impact on adjacent properties. Mrs. David McMillan was present and stated that the proposed location for the tower will have a visual impact on their property but it would be greater if the tower was located further up the hill. She asked if the crossbars on the tower could be lower, which would reduce the impact on their prt^rty. MINUTES OF THE CITY OF ORONO PLANNING COMMISSION MEETING HELD ON APRIL 18, 1994 m #1913 GREG J. TRUCHIN^KI. 1580 FOX STREET - CONDITIONAL USE PERMIT - PUBLIC HEARING (CONTINUED) Chair Schrocder commented that the tower was presently located cl^ to the lot line ^ should be moved. He noted the alternative was to execute a hold harml^ ^ the City if they were to allow the tower to remain where it presently is lo^. Mabusth commented that both the David McMillans and Whitney McMillan would have to sign a hold harmless agreement with the City of Orooo in order for that to occur. Greg Truchinski stated he would prefer to keep the tower where it is. He stated the most he can lower the bars is ten feet because it*s more beneficial to transmission. Chair Schroc^r stated he felt that the Planning Commission could approve the Conditional Use Permit and require the hold harmless agreements to be executed. It was moved by Schroeder, seconded by Lindquist, to recommend approval of #1913 Conditional Use Permit for Greg Truchinski, 1580 Fox Street, in its present location, subject to receiving hold harmless agreements from all affected properties subject to review and approval bv the City Attorney and receipt of all permits and fees. The variance will with the tenancy of Mr. Truchinski, and will terminate when he moves away. Ayes 6. nays 0. (#9) #1915 GEORGE APPLEBAUM, 4109 HIGHWOOD ROAD - VARIANCES - PUBLIC HEARING Chair Schrocder noted that this item would need to be tabled pending the action taken by the City Council on the Bluff Ordinance. However, the item should be discussed by the Planning Commission at that time, if the applicant wished. Mr. Applebaum was present a indicated he would prefer discussion to take place. Mabusth reviewed the staff report and recommended that the item be Ubied pending City Council resolution of the bluff ordinance. She reviewed the hardcover on the site and noted that reductions need to be made to achieve the required 15% lot coverage standard. George Applebaum discussed the topography on his propeny and where the location of the top of the bluff should be according to the new definition. Mabusth noted that staff rcquir clarification regarding the exact dimension of the second level deck and Mr. Applebaum respont ed that the elevations were correct and not the floor plan, and that deck was a deck. Mabusth noted that the deck area would be added to the structural coverage figwes. She stated the proposed garage would be 10’ from the street lot line and will will require a 35’ setback from the street. The house does not meet the 35 setback from t street and the second story will require a variance. Mabusth reviewed the areas of hardcover which do not coincide with the plans but it was noted on the survey, which was done in the winter, and possibly was not accurate and oi I l^flNUTES OF THE CITY OF ORONO PLANNING COMMISSION MEETING HELD ON APRIL IS, I9M (#9) #1915 GEORGE APPLEBALM, 4109 HIGHWOOD ROAD - VARIANCES - PUBUC HEARING (CONTINUED) not rcHect accurately the existing site conditions. The Planning Commission requested the applicant to provide a more accurate survey of existing conditions prior to their next review of nis proposal next month. Nolan stated he felt that the project was very ambitious and he would be looking for more trade-offs to gain approv-al. He also had some problems with two a ccess in the lakeshorc yard. He felt that this could be redesigned to reduce the hardcover on the propeny. The site was already fully developed and he felt that the hardcover area could be reduced. Lindquist stated he had a problem with anything closer to the lake than was presently existing Berg stated she felt the proposal was overbuilding the site. Peterson and Smith concurred. Mabusth asked if they had problems with the second story addition. Lindquist resporalcd negatively, but stated he felt that it was better than what was presently existing on the site. He did not like the walkout proposed below grade. It was moved by Lindquist, seconded by Nolan to continue #1915 V'ariaiKes for CJcorgc Applcbaum, 4109 Highwood Road until the next meeting in May. Ayes 6, nays 0. (#10) #1916 IRWIN JACOBS, 1700 SHORELINE DRIVE - CONTHTIONAL USE PERMIT - PUBLIC HEARLNG Mabusth gave the staff report and stated that staff recommended approval of the variance subject to the conditions included in the staff report. Mr. James Jensen was present representing the applicant. Peterson inquired why the contractor had not obtained a building permit prior to constructing the guard house, and Mr. Jensen responded that he realized that was not the normal procedure, but he had informed the City what was going on. and had also contacted the Orono Police Department, Lindquist inquired why they had not constructed a temporary structure and Mr. Jensen responded that they desired the look of permanence and security as soon as possible which was why they proceeded as they did. He stated all the other buildings on the site were necessary and they could not remove any of the structures. Chair Schroeder stated that the Planning Commission wished to be on record as not being supportive of after-the-fact variances. Peterson stated he was denied access to the site twice when he went out to view the pr^rty, and he had a difficult time approving something he had not seen. Smith was about setting a precedent if they approve after-the-fact variances. Mabusth responded that this particular situation was so unique, it was doubtful if there would be any other simi ar instances occurring. She noted that staff would create a set of unique findings for approval of the variance which would avoid setting a precedent. minutes of the city of orono planning commission MEETING HELD ON APRIL 18, 19W iTi Councilmtniber Hurr advised to Council had been «lyised of the immediate need f« the guard house II 1 • j • f rnM/^nnAmfti Kv R^rff to aDorovc iH9I6 Conditional Use Permit for ^ ^ y — - - 1 Aoolicanl to submit an additional $275 to complete payment of the atter-the fact variance application fee at $200 (already submitted $125) and the atter-the-faci penalty fee of $200. 2.Applicant to obtain a building permit subject to after-the-fact penalty fees. Chair Schroeder requested Mr. Jenson to inform the applicant to the Planning Commission S^d “ Ihe stte and a s-ecial effort should be made to facltute th,s ,n the future. Ayes 6. nays 0. (#11) #1917 FRANK AND MARTHA BENNETT, 315 TO^WA ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING Mabusth reviewed the proposal for Planning Commission members and access to the apartment was not gained via the primary structure as requtred by ordinance. James Jenson was present representing the >PPlica"“ ^ , one of the issues that needed to be reviewed in the ordinance, and he did not feel there was need to enter accessory apartments through the principal structure. It was moved by Peterson, seconded by Nolan, to recommend approiml of Use Permit for Frank and Martha Bennett at 315 Tonkawa Road with the provision that the accessory apartment cannot be used as a rental unit. Ayes 6, nays 0. ,#,» #I9IS JAMES K. AND JULIE ANN ^YNCILD^LS 1225 O^^A^ DRIVE - RENEWAL CONDITIONAL USE PERMIT - PUBLIC HE It was moved by Chair Schroeder. seconded by Petewn m^le Conditional Use Permit for James K. and Julie Ann Lynch-Daniels at 1 Drive until the next meeting. Ayes 6, nays 0. 8 MINUTES OF THE CIT\' OF ORONO PLANNING COMMISSION MEETING HELD ON APRIL 18, 1994 (#13) #1919 TY BUCEY, 2677 CASCO POINT ROAD, VARIANCES - PUBLIC HEARING Chair Schroedcr noted that this item must be tabled due to the bluff issues and incomplete legal notification, but since many neighbors were present, the item would be discussed and public comments accepted. Gaffron reviewed the staff report and discussed the major issues involved with the proposal. He described the six variances required for the proposed house which needed to be addressed. Ty Bucey was present, and requested the Planning Commission to discuss the issues. He stated that they had a fire last December and he had two small children and they had moved three times, and were experiencing great hardship in getting the plans approved. Chair Schroeder stated that this lot was not unbuildable and they will have to grant some variances. He discussed the hardcover computations and the reason for the changes. He discussed the filling which was approved by the City and which will remain there. He stated he felt the critical issues were drainage and the height ot the proposed house and the structural hardcover issue. He opened the public hearing. Beverly and Louis Smerling. 2683 Casco Point Road, stated she had lived there a long time and she and her husband were opposed to the prc^)osed variances because the house would be too high and would impact their property adversely. Mrs. Smerling stated she telt the house did not fit in with the surrounding neighborhood and w’ould be located too close to their property line. Chair Schroeder noted that the proposed garage tvould not be closer to the property line than the previous garage had been and the Smerling’s garage was equally as close to the property line. Louis Smerling stated he felt that the proximity of the structures contributed to the fact that they had two mudslides on their property. He stated they have sympathy for the applicant but felt that they should have discussed their plans with neighborhood residents before the application went t Is far. Chair Schroeder noted that hardcover variances in the Casco Point area arc of particular concern because of the erosion problems in this area. Allen Green, 2645 Casco Point Road stated he was concerned about the project becauM of aesthetics, conformity and the height of the proposed house which would impact the view from the lake shore. He felt that the proposed house was an improvement from the previous house and he felt the house should be approved. He commented that had the existing house not burned, the drainage issues would still be present. He believed the new construction would present an opportunity to direct the runoff from the site in a better way to avoid further erosion. He stated he was a long time resident of the area and strongly felt that this was an opportunity to improve the neighborhood. He requested the Planning Commission to grant the variances as requested. minutes of the cm' of orono plantwing commission MEETING HELD ON APRIL 18, I9W (#13) #1919 TY BUCEY, 2677 CASCO POINT ROAD, VARIANCES - PUBUC ISARING (CONTINUED) existing houses. He believed the applicant’s proposed house followed the natural curve of the land and was a natural extension of the development in dte area. Lindquist asked the petitioner to have the topographical information available at the next Planning Commission meeting. Bill Miller, who lived next to the Smerlings, stated he felt that the applicant should not be penalized by the location of the lot. He noted that with the new roof line on the house the runoff will not run onto the Smerlings property. He felt that (he proposed hou« wa^ much larger than the original house and falls within the codes. He supported the proposed plan. Irene Standoff, stated her house was 31 feet tall and is presently the tallest house in the neighborhood. She supported the proposed plan. John Scherven. 2M9 Casco * sta^ he was in favor of the house. Carl Shutts, 2665 Casco Point Road, stated he tclt Aat the new house would be a great improvement to the neighborhood. He was concerned about the drainage which will result from the new house but felt that he could work with *e owner and the architect to resolve any problems. He had no problems with the height o e proposed house. Dick Putnam. 2765 Casco Point Road, stated that he had found it necess^ to remodel his house because it was falling down, so he had empathy with the applicant’s dilemm. He felt that the new house would present an opportunity to resolve some of the existing drainage problems in the area. He requested the Planning Commission to look at what the neighborhood could become, rather than what it has been in the past. James Cradit discussed the drainage problems and noted that they have been reviewed the plans and not#*'! that they have been able to divert the dram^ ow some of the runoff. Chair Schroeder requested that the drainage plans be next meeting. He inquired if the applicant would be able to remove some o the nil and lower the house to reduce the height a»'d alleviate some of the . Discussion ensued regarding the drainage flow patterns and the possibility of divcning some of the flow down to the roadway. Chair Schroeder closed the public hearing. Smith and Nolan ‘*1* was too high and the lot coverage was too intense. Chair Schroeder than e e their input and thanked them for attending the meeting. MINUTES OF THE CITY OF ORONO PLANNING COMMISSION MEETING HELD ON APRIL 18, 1994 (#13) #1919 TY BUCEY, 2677 CASCO POINT ROAD, VARIANCK - PUBLIC HF.MUNG (CONTIMJED) Schroedcr moved, Peterson seconded, to defer action on #1919 Variances for Ty Bu«y at 2677 Casco Point Road until the next Planning Commission n^^ting. Ayes 6, nays 0. (#14) #1920 PHILLIP OTl'O, 4116 HIGHWOOO ROAD - VARIANCES - PUBLIC HEARING Mabusth reviewed the proposal noting Uiat the applicant sought approval of side and sn-eet setback variances along with area and width variances for new construction. The applicant planned to construct the residence in the same footprint as the original residence. Mr. Oito stated he had discussed the proposal with adjacent neighbors who had no problems with the proposed side yard setback. Nolan stated he was concerned about the stwp lopographv and inquired how the applicant planned to stabilize the areas impacted. Mr. responded he intended to construct retaining walls. Lindquist noted that Mr. Otto appeared to be basically replacing the structure and he had no problems with the proposal. It was moved by Lindquist, seconded by Nolan, to recommend approval of #1920 Variances for Phillip Otto at 4116 Highwood Road, with the City Council to review the drainage plans with the intent of stabilizing problem areas after construction is completed. Ayes 6, nays 0. (#15) #1920 ATELIER LESLTUR, INC., 2180 NORTH SHORE DRIVE - CONDITIONAL USE PERMIT - PUBLIC Hf.ARING Martin Schneider, the property owner, noted that he hiJ purchased the property with the intent to convert the building into a duplex, but he had withdrawn that proposal in the face of opposition from area residents. He discussed the history of the Inilding and the u^ that had been located on the site. He asked whether the present zoning would permit the proposed use, and Mabusth responded that the Planning Commission nad two alteratives before them but that she felt that the use was non-conforming but found to be continuous, and could be approved with a conditional use permit. Schneidei stated he supported the art school and felt that would benefit the entire community. Annette LeSeucr gave an overv iew of the school and the program they have available. She displayed paintings which had been done by students and teachers involved with the program. Peterson inquired about the fence between the two parking areas, and commented he te t it should be removed to facilitate parking. Chair Schroeder commented he did not sec any reason why it could not be removed to allow the An Center to share the parking^ca ^ the school. Annette LeSeuer commented that they would prefer to keep the building a grounds in an original condition, and they would be willing to add the blacktop if the City required it, but they preferred to retain the gravel as it was more original or historic. She also stated she did not have a problem with removing the fence. MINUTES or THE CITY OF ORONO PLANNING COMMISSION MEETING HELD ON APRH- IS, 1994 It wis moved by Nol»n. seconded by Peterson, to recommend approval of #1923 Conditional Use Permit for Atelier LeSuetir. Inc. at 2180 North Shore Drive, subject to the followm* cofxlitions: 1.This Conditional Use Permit shall limit enrollment to 20-24 full-tinw students. 2. Appllcani shall work closely with building staff to sec that all necessary tire and building code improvements arc installed w ithin six months ot the date of ^proval of this Corditional Use Permit. 3, The maximum occupancy of the structure shall be limited to a 100 person occupaiKy during the times of special exhibits or showings. Ayes 6. nays 0. (#16) #1924 DON WINTER, 4620 NORTH ARM DRIVE - VARIANCES - PUBLIC HEARING Gaffron reviewed the staff report and stated that suff recommended approval of the request for accessory structure setback aral area variances. The applicant was present and had no comments. Chair Schroeder moved, Nolan seconded, tor approval of #1924 Variances for Don Winter at 4620 North Arm Drive as recommended by staff. Ayes 6. nays 0. PLANNING COMMISSION COMMENTS (#17) REPORT BY PLANNING COMMISSION REPRESENTATIVE TO COUNCIL MEETING OF APRIL 11, 1994. Nolan reviewed the actions taken by the City Council at their April 11, 1994 mating. He noted that the Council had directed the Lundgren Brothers proposal back to the Planning Commission for further review. (#18) OTHER ISSUES FOR DISCUSSION Chair Schroeder noted that there is a meeting scheduled to review the draft B-2 zoning ordinance changes on Wednesday, April 20th. ; MINUTES OF THE CITY’ OF ORONO PLANNING COMMISSION MEETING HELD ON APRIL It, I9M ADDITIONAL ITEMS (#19) PLANNING COMMISSION APPROVAL OF MINUTES OF THE MARCH 21. 1994 MEETING. It was moved by Chair Schrocdcr. seconded by Berg, to approve the March 21, 1994 Planning Commission Minutes as submitted. Ayes 6, nays 0. (#20) PLANNING COMMISSION TO SELECT A REPRESENTATIVE TO ATTEND THE MAY 9. 1994 MEETING OF THE CITY COUNCIL. Commissioner Steve Peterson volunteered to atteixl the May 9lh City Council meeting. ADJOURNMENT It was moved by Nolan, seconded by Smith, to adjourn the meeting. Ayes 6, nays 0. The meeting was Mijourned at 11:50 p.m. Respectfully submitted. Charles Schrocdcr, Chairman cm’ OK ORONO PARK COMMISSION MEETING TUESDAY. .MAY 3. 19H 7:15 P.M. 2780 KELLEY PARKWAY - COLINCIL CHAMBERS ATTENDANCE AGENDA 1 2. 3. 4. Approval of Minutes March 7, 19^ and April 4. 19W. Approval of Park Commission Action Agenda for 1994 5. 6. Reorganization of Park Improvements Subcommittee. Update on Park Planning Process - Meetii^ with City Council. Report on Joint Meeting with Area Park Commissions and Orono School Distnct. Update on Planning for Old Crysul Bay Site 7. Update on Plans for OB A Field. 8. Update on Tandem Properties (Dickey Property) Subdivision. 9.Other Business. W’c will adjourn the meeting at 9:00 p.m, in order to have a work session from 9:00 to 10:00 p.m. adjournment DRAFI MIMJrES OF THE PARK COMMISSION MEETING OF MARCH 7, 1994 ATTENDANCE TTjc Park Commission met on the above date with the ^ I^ N Flint AW?* VoMTics Robeit Howells. Sherokee Use, Ldi McMillan and James ^Tutc. onpics. r.«.hanlson Public Works Director and Carole Haseman, Susan Wilson callihan and CouncUmember J. Diann present. Jota Shaidlow and WaUy Case «re present ftom D^gren. R.^^v Bosma reoresented the Otono Baseball Association. Tim Pattnn. a neighbor ^olJ^rystat siy site, was prerent. Chair Hint called the meeting to order at 7:15 p m. («) OLD CRYSTAL BAY SITE . Flint ..Tniained this item was continued from the last meeting to aUow people who codd were in attendance except Tim Pattrin who was present as an observer. (#2) APPROVAL OF MINUTES McMillan asked for corrections to be made on the last paragraph of page 1 as foUows: *c fint senmnee should read "stated her children", the second to the last sememe should rcad^ . last sentence should read "farther to the west". U was uoved by Use, ponded by JS^hSSaL » wrov. the amended minutes of dre Febniaty 7. 1994 Park Commission meeung. Ayes 6, nays 0. (#3) PARK PLANNING John Shardlow and WaUy Case, consuliing planners with Dahlgren. ^low ou^ a proposal regarding Orono's park planning needs. Shardlow n^ to a minimum by using City staff time and resources. He suggested a four '“S' involving a series of steps. The first phase would consist of commui^ ^rheen needs Ji support for park planning and development. Historically m Ororo. ttere to not ^ a^ng on-g^ commitment to build a park system because of large residential ciZunity ^ uiJque and an assessment needs to be made for the right ft. methods Z obtain input from residents - community ^ey. ^^'L^^„hone and need fonim. A scientificaUy prepared commumty survey could ^ done by a tel^h ^eTVompmiy. He recommenled Decision Resources Inc. The of > '“"ey « what neoo“ are thinking and project future needs. Newspaper amcies budd support ^ importaitt as they relate to an issues and needs forum specifically if there would be a bond i 1 1* MINtnES OF THE PARK C0M>nSS10S MEETING OF MARCH 7,19M (#3) PARK PLANNING - CONT. bnim fives people an <^>portunity to ity to work tofethcr. After that is dcThe third phase ^le During the final phase, a master park system wS^*«<iom for possibk alKnudv. w.y. to rtach fl« desirHl goals. Clair Flint ulted for an explanation of Shardlow ’s «atement resatdim Oc City ’, need to take action on this issue soon. ?s srs,s T.“5r. i’zssrX" Se reiter^ bis sutement dot tee U «, need to conuni. to the whole process «k1 the process can be done in stages. Chair Hint inquired as to the cost and amount of time involved for the first phase. Shardlow estimated the cost would be approximately $19,000 to $27,000. Mc.Millan asked the length of time per call. Moorse said it would be 20 to 40 minutes. Vongries commented that a scieniificaUy sutistically valid survey could be achieved with a written form sent to every household. Shardlow stated te did not disagree with this approach but pointed out that it would take time to a dminister. White added that a survey could be done in three ways - house-to-house (most cxpc^ive but accurate), telephone survey or maU. He stressed the need and importance of a survey. Isle said both the season and time of day would be important factors to consider in doing a survey. draft MINliTES OF THE PAJUi CO.NOHSSION MEETING OF MARCH 7,1994 (#3) PARK planning - CONT. Moone iirikawl because of tbe methods used by Decision Re^. theie are.» ’hsiv up^ on the phone and people are wiUinf to talk. A problem ^ surveys ts usuaUy the respond me leceivrt ftom people with special intcitsts rather Ihao genera, uttrests. Howells asked when the last survey was taken in Otono. Chair Flint replied he dW no. know the date but 381 reqton^ had bra tecei^. Hint questio^ t^amount of lime and money that would be involved on the tirst phase of tbe process, Shardlow estimated the cost at S3.000 to $5,000 plus the amount of the survey. Moorse mteijcctcd there would be no need to continue if the survey re^ts f interest in pursuing a park dcvclopmcni plan. Decision Resources said it would be best to complete the survey before school is out. It would actually take less than a week to compete the p^honc survey but 3 to 4 weeks would be needed to prepare a report. At that point if^ City 10 go ahead, a public information forum would be set up which process could take a couple of months. Vongrics wondered where the sense of urgency is coming from. He favored the use of written surv^s. Answers received over the phone could be interpreted differently. White said he is familiar with the services of survey companies and know they arc trained professionals. Tbe results would be valuable to the City and money well spent. Chair Flint agreed and said, "Wc sit here sometimes with pooled ignorance." He is concerned that future park development in the City be done with everybody's best interest. McMillan inquired as to the end product? Case responded it would a detailed published document basically showing a general concept p^ with ma^, graphics and concepts. It could have master plans that would serve as a guide for future park development. Chair Flint commented the total price of the proposal including the survey would amount to $26,000 to $34,000 and asked where the funding would come from. Moorse responded it could come from park dedication funds. Mayor explained fUnds could be received from bonds. MINUTES OF THE PARE COMMISSION MEETING OF MARCH 7, 1994 (#3) PARK PLANNING - CONT. Moorse said a twtocy year plan could be established for parts with funding to be spent only &om part dedication funds. Although the process might ate kwger, the need for a bond issue could be eliminated. Howells asked if Golf Course funds could be used to atpport iIk project. Goetten ans^-ered the funds remain within the Golf Course and are needed fbr maintenance. Howells requested to sec a budget for the Golf Course. Mayor Callahan cxplaii»d money would not be taken from Golf Course funds for this purpe^. Park dedication hinds could be used to {Hircbaa park lands but because there arc ongoing charges in relation to the operation of a park facility. CouncU would need time to consider fumre finaiKing. Chair Flint questioned whether park dedication funds could be used for that purpose. The ordinaiKcs are a mystery to interpret and quoted the 1981 ordinance that created the park dedication fund which stated "... shall be used only for die acquisition, development or maintenance of public parks, playgrounds, surface water holding areas and like." Part of that language comes from the State statute that allows creaaon of park dedication few. ^ There must be some interpretation under that saying what you can or cannot use park dedication fees for. Before the mancr goes to the City Council, we need to know this information. Mayor Callahan responded that he has received different answers when the question arises. He does not know what the statutes arc or to what extent it is a matter of statute as opposed to rule or regulation adopted by Orono. Chair Flint reminded members that CDBG funds in the amount of $10,000 had been requested from Council at one time but only $2,700 was appropriated. Because the amount was inadequate, it was not used and use of the funds expired at the end of the year. Gerhardson explained that the amount of $2,700 is again being requested from Council at the March 14, 1993 meeting. Case explained the t'meframe for each of the phases. The total minimum amount of time would be 11 months. Chair Flint inquired what the involvement would be for the Park Commission. DRAFT KQNUTES OF thf. PARK COMMISSION MEETING OF MARCH 7,19^ (#3) PARK PLANNING - CONT. Case sakl tbc proposal b smicturtd for additiocial involvenaia to be through Gty staff except that wtxfcdiops could involve special uacrest groups. Use if bids would be received from other survey cOTSpaaiei. Moorse responded that it would be possible to pt estimates other companies. Decision Resources are used by many cities and school districts and he feels their cost is reasonable. Chair Hint asked reasons a phone survey would be favored rather than a written survey. Case answered a phone survey is both cost and time effective. Chair Flint asked for opinions from other members. White expressed that he was comforublc with the proposal and cost. Mc.Millan felt there should be a recommendation made to Council to move ahead with Phase 1 to hire Decision Resources to complete a telephone survey. Chair Flint favored wailing a month to give an opportunity to attend the next Park Commission meeting. Isle said she is ZDXiom for the p^ pla^g but needs to have a better understanding of monies. She d<^ not have a for the ™ of survey but wants community involvement. Vongnes felt a wntten mailed sumy would everyone an opportunity to voice an opinion and there would be no point to tow Decision Resources present their views at an upcoming meetmg. He suggested contacting an impartial statistician group perhaps from the University to show the pros and coi^f vanous surveys He added, "Wc should be uught by somebody who teaches imt by somebody who scUing something.- Howells favored the survey by Decision Resources. McMUlan moved. White seconded, that a recommendation be made to CouncU to Phase i for a telcj hone survey to be completed by Decision Resources. Ayes 4, Nays 1, Abstention 1. Vongnes voted no and Isle abstained. Moorse said the Park Commission ’s recommendation would be placed on the March 14, 1994 Council agenda. Chair Flint noted he would be in China from March 10th to 20th. suggested that McMUl^ attend the Council meeting, and reminded Moorse a clarification was needed regardmg the expenditure of park dedication fees. minuies of the park COM>nSSION meeting of march 7, I9M (#«) PARK budgeting PROCESS Commission. The ice condition of che nnics ire noi a to them by the City. Moone espUined du. up to > X- development. There is a aside for park maintenance comes from tax seasonal maintenance people. The mo y we are in the process of c.xamimng the levies which is part of the ge^r^ a«l the Park process. Moors* suggested eMmining ^ ^‘lot’ ^ttdfg'^owed°^ett.”T»*M^^ on a rinks. Oten snowfalls are tte ^ ^ ^ ^ *hen they are usrf Monday, it gives the City inorc : * rove Also it should be determined what really is rne^d^i^'t^^-re^^^ri^^^^^^ tT and mggested using Ure suntey meUi^f to find out what residents would prefer. " ^ mg"lre“jfotfonT^Jeik^- Gerhardson added mere had been several Thursday snowfalls this pas. winrer which caused problems. McMUI^i asked mat an manual or semi-annual summary of park funds be dismbuted ,o me Park Commission. Moorse said it would not be a problem. ^S^rwhen the golf course is used for cross country skimg. DRAFT MESUTES OF THE PARK COMMISSION MEETING OF MARCH 7, 1994 (#6) PARK BUDGETING PROCESS - CONT. Chair Flint noted the Park Commission would like to become famUiar with the park operiiias budget to enable them to get more inyolved. Moorse stated a copy of the annual budget which identify projected park exp^tures would be given to them. If you want more things to happen in pa^, those objectives nerf to be discussed at the Park Commissioa level. Your recommendations can then be prioritired and presented to John and myself for consideration and possible inclusion into the annual budgeting process. After that Council takes a look at those requests. White asked for an explanation of the budget cycle. Moorse expUined the process begins in April and May with the information pfesented to Couixtil in early July. Mayor Callahan said (he budget is a teHeciion of what has been done in the past and what is estimated for next year. The budget for park activiues is included in the PublB Works Dcpartmciii Your inquiry is reasonable but I think you want to consider what is actually being done in the parks and what you would like to have done. The overall plan for park activity has been quite passive. McMillan noted there is not a separate park staff but parks is a subsidiary of Public Works. Moorse said a record of peoples ’ time is kept throughout tte year and programs can be identified. McMUlan asked how funds are allocated for the creation of more parks or the addition of facilities to existing parks. Moorse responded that it would be necessary to raise taxes. We need to realize that there is not only the initial funds needed to purchase park land but also there would be ongoing expendiiures. Howells askH if there arc any employees on flex time to be available on weekends. Gerhardson explained the U enough work for everyone to do five days a week. Chair Flint said the nature of government is to expand work to fill the time available. He related a story of a mail man who made sure he didn’t finish his route by 2:00 because inore work would be added. The purpose of management is to figure out a way to manage so things are done better. He suggested that Ron Sieffenhagcn be utilized in off season. p •. MINUTES OF TfflF *i\RK COMMISSION ^DEETING OF MARCH 7, 1994 («) PARK BUDGETING PROCESS - CONT. Moorse said we need to detennine priorities White suggested more thought be giv-en to the park budget and also ways in which the park system can qperate more than half a soson. Mayor Callahan said it is not hard to prioritue w inter work when a decision needs to be made whether to plow roads or clear ice rinks. Chair Flint requested members receive an updated statement of the park fund for the April Park Commission meeting. (#5) UPDATE ON OBA Gerfaardson reported the lease has been drafted, submitted to the School and returned with their corrections. The City Attorney has reviewed the lease and there are only a couple of points that need to be discussed. A sublease bc wccn the City and OBA has been drafted by the City Attorney and will be delivered soon. A public information meeting will be held on the 16th to allow for comments. Notice was published in tte paper and sent to neighboring property owners. Moorse suggested a representative from OBA be present to discuss the project and also a Park Commission member to introduce and offer a brief explanation and take comments. Chair Flint inquired about the projected completion date. Bosma reported that OBA plans to have a survey completed the first of April. At this time they arc negotiating with excavators. To-date OBA has raised $29,675 in cash for the project and commitments have been received in the amount of $44,461 for a total of $74,136. Bruce Bren has offered to build the concession stand and Kraus-Anderson will build two dug outs. Chair Flint asked if the fields will be ready for use this year. Bosma respoixied they would like to schedule a post season tournament at the site July 23 aixl 24. For this season, the same fields are being used as last year. Chair Flint inquired if Bederwood will be used the same as in the past. Bosma responded that Bederwood will have the same usage • Monday through Thursday nights anH some Saturdays. 8 DRAFT MINUTES OF THE PARK COMMISSION OTETING OF MARCH 7, 1994 (#5) UPDATE ON OBA - CONT. Chair Flint asked if Bosnia would be present at the public infbrroatioii meeting scheduled for March 16th. Bosma said be vrould be in anendance and was planning to bring a ptofik bom Mark Gronberg describing the layout of the site. Chair Flint inquired where the concession sand would be located Bosma explained the sand would have a home plate design and was specifically designed to allow scoring for both fields. McMillan asked if it would be necessary to get into tte handicap accessible matters. Bosma said u has been discussed. The parking lot wUl have a handicap st^l Negotiations are still in the process to see if a well could be donated for watering the fields and perhaps a drinking fountain. Chair Flint questioned the need for two stories on the concession stand. Bosma explained the electronic score boards require electricity and an elevated site, concession stand will be 20 ’ in height. The upper area would be used for meetings. The building will also provide storage space. Isle asked about bleachers. Bosma explained there would be four five tier bleachers holding 40 to 50 people (two on each field). McMillan inquired if a security light was necessary Bosma said there would be a security light on the side of the concession stand that would point down to avoid a glare to neighboring houses. White questioned if the area would be chained off at night. Bosma noted Bederwood is not chained off. A problem in chaining the area would require someone to chain and unchain it. Perhaps we need to check with the Police Departmen regarding possible drive through. Chair Flint suggested the Police Department be contacted to assist in chaining the area. MINUTES OF THE PARK COMMISSION MEETING OF MARCH 7, 1994 (#5) UPDATE ON OBA - CONT. White cofifntulatal Boaiut oo all his efforts. Oak Rim sakl te would no. be able 10 attend <he public infonnation meeting oo tbe lb* and requested Voofrics to chair the mcetiDg. (#10) JOINT MEETING - PARK CO.\LMISSIONS SCHOOL DISTRICT Chair Flim asked for input regarding discussion items to be covered at the breakfast m^ing ^^lleffoT^farch l^betvfeen the School District and Comm.ss.ons communities. It was decided White would address the trails issue. Use would be responsible for the ballfields and McMillan would speak on the park planmng process. (#«) approval of 1994 AGENDA Chair Flint postponed discussion because of lack of time. (#11) OTHER BUSINESS McMUIan said she was unable to attend the "Rails to TtaUs' meeting on March 22nd. Chair Flint volunteered to attend. Discussion was held itgaidiog the Old Crystal Bay site. U was moved by McKMan. seconded by Vongties to recommend to Council the following: 1) Combine PaiceU ^ ai^'o ^ i/roe crecn soace. Begin uie process of vacating Prospect Avenue, 2) Parcel C is not iSmmended*for use as park land (because of its location and size) The Park Comimssion is J^t interested in the CouncU Chambers budding for any use; 3) Initiate Costal Bay with a consultant using CDBG money. 4) Coordinate post offiw 0 Commission to insure parking docs not interfere with park plans on Parcel A. Ayes 6. nays . adjournment Chair Flint adjourned the meeting of the Park Commission at 10:42 p.m. A nnhlie informafion meeting regarding OBA is scheduled for Wedpey . Mat^h 1^. 1994 .^ 7 99 p.m. ^nd the next regular meeting will bc Monday. Apnt 4. 1993 at 7:1? P.IIL Richard N. Flint, Chair • • MINUreS OF THE REGULAR MEETING OF THE ORaNO PARK COMMISSION held on APRIL 4, 19H ATTENDANCE The Park Commission mcl on the above named dale at 7r00 p m. at the intcrsccti^ of Old Crvstal Bay Road and Watertown Road to review the layxwt of the trail proposed for the Wilson Roben Ho«ll$ and Ales Vongries were absent. City Admi.iistraior Ron Mootse. Citv Engineer Shawn Gnsiafson. Public Works Director John Gerhardson and Reader Barbara Anderson represented suff. Chair Flint called the meeting to order at 7:50 p.m. (#1) approval of the MLNUTES of march 7, J9M Consideration of this item was deferred u itil the next meeting. («) CONSroERATION OF TANDF M PROPERTIES (DICKEY PROPERTY! SUBDIVISION A. LOCATION OF TRAIL Moorse stated that the City Council would like to be Informed of the Park Commission’s concerns regarding the trail, if any. McMillan inquired if Moorse had been zb\c to obtain the information regarding the amount of the park dedicatiori for this project which was requested by the Park Commission. Moorse that he had been working widi the City Assessor to determine what those would be but they would not have the figures until next week. Chair Flint stated ihat^c tees would be based on 8% of the value of the property. The problem was whemer the value should be determined when the land was in an undeveloped state or after development has occurred. Discussion ensued regarding the Park Dedication ordinance and the administration of it. McMillan inquired whether Council had decided to require both a park dedication fee and a trail fee. Moorse responded that issue had not been dealt with yet. but the Council will be considering that issue in the near future. Chair Flint commented he felt it would be appropriate for the Park Commission to make a recommendation regarding this issue to the Council for them to take under advisement. Moorse commented that since the developer was constructing a segment of the City s trai system he felt he should receive park dedication credit for that. However, no formal decision had been made regarding this issue for this development, and thi^ no formal policy has been established for similar situations which may arise in the future. He noted that staff would recommend that a policy be established which would s^e that any trail construction which becomes part of the City ’s trail plan should not taken as a credit against the park dedication fee. He stated he felt the policy should be in place before disallowing trail construction to be used as part of Uic park dedication fees. He noted that other cities collect both a park dedication fee and a • trail fee. MINUTES OF THE REGULAR MEETING OF THE ORONO PARK COMMISSIONHELD ON APRIL 4, 1994 (#2) CONSIDERATION OF TANDEM TOOPERTIES (DICKEV PROPERTY) SUBDIVISION (CONTESTJED) Chair Rim commented that Orono had no cegulationj requiring construction of trails or sidcMlks by developers but other cities do have surt requuetKnis m their ordinances. White commented that Hennepin County bids run about f*t completed trail which is 10’ wide, and an 8’ trail would probably run about $.0 per lirwal foot to construct. Wilson commented that the City Council had not given final approval » trail concept plan for the City and she felt they should have **'“'*'^ required the developer to construct the trail. Chair Flint stated that the Courcd approved an overall conceptual plan for the trails in Orono and this S that plan. Discussion ensued regarding whether they sho^d reqmre tl« wil to be constructed now or obtain an easement so that the trail can be commc^ in the future. Other trail segments were discussed and the easement widths ot those trails which were constructed with other developments. McMillan inquired what would happen if they constructed the trail along the property without connecting it to other trail segments. Chair believed that the property to the north would be developed soon ^ ^ to construct the bridge with the trail segments on both sides. He stated the tra segments would be connected together as the land was developed. Wilson requested that Chair Flint go before the Council to obtain their formal approval of the trail concept plan so that the Park Commission can make the decisions they are being asked to make with the assurance that they have the support of the Council. Chair Flint responded that the Council has approved the concept plan and that gives the Park Commission the authority to make the decisions. He suted that it the other Commissioners concurred he v ould take the plan to the Council for their formal approval. Moorse stated that the Council has approved the segment of trail along the Dickey property and the bridge with the trail and they have informally given yproval to Uie idea that there will be a trail along the entire roadway in the future. Gerhar son noted that the Council has not authorized construction of an 8’ sidewalk on both sides. Gustafson commented the plans needed to be clarified. Moorse comment^ that the Tandem Properties development would be on the next Council agenda, and e commented that the Council could be reminded to keep in mind the entire trai eng when considering the trail on the Dickey property. Gustafson stated that the City owns 66 ’ of right-of-way and he illustrated the various ways in which the trail and the bridge could be constructed. One option was to separate the trail from the roadway with an 8’ gravel shoulder, which was a cost effective means of construction. Gerhardson commented that there could be («) CONSIDERATION OF TANDEM PROPERTIES (DICKEY PROPERTY) “ SUBDIVISION (CONTINUED) nuintewnc* problems with <hU design is Ihe erpripment wij nor designed .0 miinain ^ow strips and whiie d« trail itself would not be plowed during the winter months da^e could occur to the shoulder area of the r^way Gustatson ^«wed the^sible costs for the trail segment and noted that il they ^t for the trail «parated by the shoulder it would cost approsimateiy S23/foot and if ^e induding the curb and gutter U selected the costs could run approstmately $40,foot. The consensus of the Park Commission was that tlw trail segment along Dtooertv needs to be part of an overall trail plan and not just an isoUted wgment cSafsim commented'^ that if the City simply acquires an easement wth the intent of constructing the trail segmeni in the future, they could encounter difticulties once the property is*developed, because those homeowners will not want a ““i inning Ihrwh their back yards. Discussion ensued regarding the timing of the trail SKtton and whether to make the connection to the Lu« Line Trail at the same time It was felt that if the Park Commission requests the Council to approve die connecting segment of the trail at the same time as they approve construction of tlw segment along the Dickey Property, it would give them a commitnwnt to the trail concept plan. Chair Flint stated he would recommend to the Council to make the connection to the Luce Line and let the Council make the decision whether to proceed. Wilson commented she felt that the roadway reconstruction was very important, and this item had precedence over the trail construction, which might m«n posnwncmcnt of the trail construction. Gustafson discussed the potential for penalties resulting for cities which had large MSA balances left at the end of the year; however, he noted that most cities have some balances left to avoid running out of funds. White moved. Use seconded, to recommend construction of the separated bike trail from Watertown to the Luce Line and that the developer pay for the portion of the trail located on the Dickey propeny and MSA funds be used for the remainder o construction. Wilson moved, McMillan seconded, to amend the motion to include that consi^ction of the trail segment from Watertown Road to the Luce Line shall occur as pan of the Old Crystal Road Bike Trail. Ayes 5, nays 0. Chair Flint called for a vote on the motion as amended. Ayes 5, nays 0. Discussion ensued regarding which trail type they felt was best. They concluded to support the City Engineer ’s recommendation. Gustafson commented that ^cause tnc trail segment follows a transportation route they will be able to use MSA mnds to pay for a portion of the costs, but the City will need to pay for the remainder from the (#2) CONSroERATION OF TANDEM PROPERTIES (DICKEY PROPERTl^ SUBDIVISION (CONTINUED) park dedication funds. B. WHO WILI. PAY FOR THE TRAIL? Discussion ensued regarding whether the developer should be required to pay b^h a park dedication fee and a trail fee. Use commented she felt a policy ^ Ltablished prior to determining the requirements tor a particular development. C Flint commuted that if a developer has to pay for the cost of a road, why was he not required to pay for the sidewalk which wtHild run along side it. Wilson moved, McMillan seconded, to accept the sutf recomme^ation for a general policy which would include that in the case of a trail that is on the city s trai systt a^ is along a roadway, the developer should be reouired to prov^e the right-of-w^> for the trail and construct the trail without any reduction in park dedication fees. For •linear park* trails, those that go 'cross-country* or in the back yards of a development, the costs should be reimbursed through a reduction in the park dedication fee. Ayes 5, nays 0. Use moved, McMillan seconded, to recommend to the City Council that this policy be followed in regard to the Dickey property development. Ayes 5, nays 0. C WILL WE ACCEPT THE 3 ACRE NATIVE AMERICAN SACRED SITE AS AN OFFSET TO PARK DEDICATION FEE? Chair Flint read an excerpt from the November 1, 1993 Park Commission Minutes. Discussion ensued regarding whether the Commission needed to take any turlher action, and the Commission felt that they would stay with their original position on this issue. The issue of razing the existing buildings on the 3 acre site was discussed. Use proposed that they wait before razing the bam in case someone was interested in restoring the structure to use as an interpretive center. The costs of preservation we discussed. McMillan stated that the Council felt that the interior trails in t e development should be considered public trails, and she felt the developer should fcccivc p^irlc dedication credit for their construction. Moorse commented that the Commission needed to look at the difference recreational trails and transportation trails and noted that interior trails are ^ considered recreational trails and are paid for by the developers. In this case, c developer would construct the trails and his expense and would expect to receive parx dedication credit for doing this. McMillan expressed concern that purchase the lots in this development are informed that the trails will be public ®®/3Fir {f2\ CONSIDERATION OF TANDEM PROPERTIES (DICKER PROPERTY) U SUBDIVISION (CONnNXTD) to avoid problems in the future. IlM moved. Wilson seconded, to recommend thit the interior trails be public trails aS the developer be given park dedication credit for their construction. Ayes 5, nays 0. (#3) UPDATE ON PARK PLANTsTNC PROCESS sMoorsc stated that he had talked to the people at Decision Resources and was given ^mples of survey questions They will meet and put together some sample questions which mig t used (or the Orono survey to stimulate discussion ivhen the Park ^ Council hold a work session to determine the final form ot *e survey. He saied that the date of April 22nd was open, and ihe Council usually met about 7:45 a.m. He suted that staff had received input from Shardlow, Dahlgren and Uban regarding plan proposal and he planned to meet with several other consultants ro request their proposals regardi^^ proposed park plan. Otax this has been done then staff will make a recommendation to the Council. (#4)UPDATE ON PARK BUDGETLNG PROCESS: A. STATUS OF PARK DEDICATION FEE Moorse discussed the status of the Park Dedication Fee Fund. Moorse reviewed die budget process in general terms to illustrate the best means for the Park Commission to tove input into this process in terms of goals, objectives and programs they would like to implement. First, the Council establishes a set of goals (both short ai^ long term) which provices a guide for setting priorities and allocating resources. property tax rates are determined. Third, staff develops a preliminary budget based on input from the City Council and goal setting sessions. He noted that budget instructions go out to depanment heads this week, and they will have approximate y one month to complete them and return them to him. He then compiles the information and creates a draft budget. Fourth, the draft budget is submitte to e City Council in late June/carly July. They will hold several budget sessions before the final budget is adopted, usually in August. This must be completed prior to holding the Truth in Taxation Hearings in December, and still allow Council time make minor changes. He stated that in order for the Park Commission goals to be incorporated into the budget, they would need to start early, use multi-year programs and mainte^cc issues to give staff time to do cost analysis factors and include them in the tm^ct or the City Council’s review. He noted this was part of the reason for the Par as er MCSUTCS OF THE REGULAK MEETING OF THE ORONO PARK COMMISSION HELD ON APRIL 4, 19W ^ ^ (44)UPDATE ON PARK BUDGETING PROCESS: (CONTINUED) Plan, which will establish priorities. Discussion ensued regarding the issue of ice for ice rink maintenance, but the Park Commission would need to discuss how they felt the rinks should be maintained. He ixJted that the final decision regarding tee rink maintenance would be made by the City Council. He suggested that tte Commissioners think about their priorities and long-term goals in order to be able to discuss them and arrive at sonw decisions. * I I I C.1994 GOLF COURSE BLT>GET AND 1993 ACTLTAL Discussion ensued regarding the Golf Course Budget and the programs ^ pi^cl^ of new equipment needed. The Park Commission reviewed the status of we Park Dedication fees and the Current 1994 Budget. Moorsc explained that the budget is updated on a quarterly basts. (#5)REPORT ON JOINT MEETING WITH AREA P^MOv COMMISSIONS .kND ORONO SCHOOL DISTRICT This item was deferred until the next meeting. (#6) APPROVAL OF PARK COMMISSION ACTION AGENDA FOR 1994 This item was deferred until the next meeting, {m) CONSIDERATION OF FOR>UL OPENING CEREMONY FOR FRENCH CREEK PARK After discussion, the Park Commission decided that they were not ready to hold a formal opening ceremony and it could be put off at least until fall. (#8) UPDATE ON PLANNING FOR OLD CRYSTAL BAY SITE Gerhardson distributed an estimate of costs to prepare a plan for the Old Cryst^ playground. He noted that the City Council will hold a public hearing to obtain public input regarding closing of the roadway on April 25th, and then they will make their decision whether to close the road or not. It was decided not to plan the Old Crystal Bay Park sue amenities prior to the city-wide survey being completed in order to make use of the information obtained through the survey. -■-s or THB “r (#9) UPDATE ON PLANS FOR OBA FIELD ON SCHOOL PROPERTY rr. *"wr r r ‘^^ORciwATlON OF P/UUC IMPROVEMEXTS SUBCOOnTOE This item was deferred until the next meeiinf (#11) OTHER BUSD.XSS Use noted that they have adopted the Grcenspacc Program and it will be listed in this week She stated they have asked the schools if they want their open areas indudcd in 1 progL,^“7, reUw The kids who sign controca will be g,«h l^n?Uon ior their m this prognm snd credit (or the ma.ntcnance work they have done. ADJOLTLNMENT Wilson Rtoved. McMillan seconded, to .Jjourn the meeting. The meeting was »ljourned at 10:50 p.m. Richard N. Flint. Chair life p April 25. 1994 CITYof ORONO Munkip*! OfIk«s SlTMt IddrUS: 2750 Wl*» PartwiT Orww. MN 55356 Maibif IMresS: P 0 Boi 66 Ciy^tal Bay, MN $5323-0066 Marcel R. Jouseau. Manager Water Managemeni Technical Services Metropolitan Council Mears Park Center 2230 E 5th Street St. Paul, Minnesota 55101-1634 Dear Mr. Jouseau: Thank you for preparing the chronology of events regarding the Orono interceptor project and conllrming the project construction dates. I apologize for taking so long to respond to your lener. Initially, the chronology seemed to be straight forward and sell e.xplanatory. However, after further review it is important to clanfy several events in the chronology. The chronology indicates that during 1987 th.c MWCC and the City of Orono negotiated regarding acceptable alternatives for improvements to the Orono interceptor. In fact, those negotiations also included considerable discussion regardmg the reconveyance of the interceptor to the City. However, none of the discussions included any payments by Orono for the interceptor. The chronology indicates that on August 25, 1988, the Council approved the plans and specifications for the Orono interceptor and informed the Commission that it was responsible for negotiating the reconveyance of the interceptor to the City. Again the City and the MWCC had negotiated regarding the reconveyance throughout 1987. The terms were spelled out in the December 30, 1987 memo from the Orono Administrator to Ray Payne. It is significant that although the City and the MWCC panicipated in negotiations regarding the interceptor throughout 1987, which culminated in the letter of agreement dated December 30, 1987, there is no record of a response to the letter of agreement. It is reasonable to conclude that when the MWCC mpved ahead with the interceptor nroiect without indicating any disagreement with the City’s letter of agreement concerning e project, and without an indication of any unresolved issues, the MWCC was accepting the conditions both for the construction of the new interceptor and for the reconveyance of the o interceptor. Telephone (612) 473-7357 • FAX 473-0510 Marcel R. Jouscau. Manager Water Management Technical Services Mctropolitar Council April 25, 1994 page 2 ^ • The Citv was Dot advised retarding the requirement for payment for the reconveyance until lune^S Tsw TOs was 18 months after the City's lener of agreement was provtd^ to ZVmci moJTLs the requnemen. for payment made after-the-tact m terms o ^e ^MotiatL and letter of agreement, tt was aiso a retroacttve appltcauon of the September 3, 1988 Metropolitan Council reconveyance policy. As the chronology indicates, the .Metropolitan Council did not adopt its policy regarding ebw’smOTthTafterme"C^'s letter of agreement was provided to the MWCC, and two weelcs ate the plans and specifications for the interceptor project were approved. Based on the informal . provided above, the City Metropolitan Council make a determitutton that no paymem u required for the leconveyed interceptor. Sincerely, Ronald J. Moorsc City Administrator cc: Mary H. Smith, Metropolitan Council Member • .* J TO:Mayor and City Council FROM:Ron Moorse, City Administrator DATE:May 5, 1994 SUBJECT:Park Survey I have attached a copy of the park survey that has been revised in response to comnvents received at the joint Council/Park Commission work session. Plewse review the revised questionnaire and let me know if you have further revisions. Most importantly please let me know if there are issues of concern to you that have not been included in the questionnaire. If you have any questions regarding the suivey, please call me. Decision Resources, Ltd.3128 Dean Court Minneapolis, Minnesota 55416 ORONO RESIDENTIAL SURVEY RECREATION AUDIT STUDY Revised Version 4.31 *7 n 1 r of Decision Resources, Ltd., a polling firm Oro: !AC^O xn PixnncapvjxISSUES>-o ro aoeak with a randoa sample ol rasiaencs aoout issu-a )..o to speajc survey is being ccnaucted because:in3_ihel^trumunity. ^nis ly/elected; lS3^'SggeetTona about p.rks^and * want to assure you that a-.* ..ndlvid-a needs in the future. hel ’ want to assure you tnat ai* the^entire samp^ wills.ictly confidential; only summaries of the entire sample will be recorted. 1.Approximately how many years have you lived in the City of Orono? LESS THAN TWO YEARS. . .1 TWO TO FIVE YEARS. . . .2 FIVE 70 TEN YE/JiS. . . .3 TEN TO TWENTY YEARS. . .4 TWENTY TO THIRTY YEARS..5 OVER THIRTY YEARS. . . .6 DON'T KNOW/REFUSED. . . .7 2.How would you rate the quality of life in Orcnc -- excellent, good, only fair, or poor? EXCELLENT. . . . . . . . . .1 GOOD. . . . . . . . . . . . .2 ONLY FAIR. . . . . . . . . .3 POOR. . . . . . . . . ^ DON'T know/refused. . . .5 3, What do you liJce most about living in Orono? 4. And, what do you like leist about living in Orono? time‘s each year, or never. Again, for seasonal activities, Dlease tell me how often you or household members participate during the season. Also, please remember we are interested in the number of times you or other household members participate. (ROTATE LIST) A TT WEEK SEVR MCRT XEM NEVR DK/R 5. 6. 7. 8. 9. 10. 11. 12. 13 . 14. 15. 16 . 17. 18. 19. 20 . 21. 22. 23. 24 . 25. 26. 27. 28. 29. fishing? swimming in lakes? swimning in pools? hiking? bicycling? golfing? cross-country skiing? snowmobi1ing? nature walks? horseback riding? windsurfing? jet skiing? Canoeing? exercise walking or jogging? water skiing? motor boating? sailing? camping? picnicking? bird watching? gardening? snow sledding? rollerblading or skating? , y— archery? /V* using children's play­ ground equipment? 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 *» 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 r; 5 5 B 6 6 6 6 6 6 6 6 6 6 6 6 7 7 7 7 7 7 7 7 7 7 7 7 7 1 1 2 1 1 2 2 3 3 4 4 s 5 6 € 7 7 2 2 3 3 4 4 5 S 6 6 7 7 3 3 4 4 S s € 6 7 7 1 1 3 3 4 4 5 5 6 6 7 7 oller- 3 3 4 5 5 7 7 r=r th. following .of in ”th«“.oriv?trSr*So tTol y" ol «ny oerl>er. of yLr h5u..hold serve that activity. , " ^ weather and season permit- engage in or several times each month, monthly, ting, almost Again, for seasonal activi- me So; often you or household members partici­ pate* or observe during the season. DAIL WEEK SEVR MONT YEAR NEVR DK/R 30. 31. 32. 33 . 34. 35. 36. 37. 38. softball? baseball? volleyball? hockey? , , ^outdoor ice skating? soccer? tennis? basketball? football? 1 1 1 1 1 1 1 1 *1 2 6 6 4 5 6 2 3 4 XT ... fr,T mAch of the activities you or members of your household ^S2irtake would you tell me if you generally undertake that activity in SronoT generally outaide of the City, or about e^al ty in and cut of th« City \ I?' ^ 9 29. 40. 41. 42. 43 . 44 . 45. 46. 47. 46. 49. 50. 51. 52. 53. 54 . 55. 56. 57. 58. 59. 60. 61. 62. 63 . 64. 65. 66. 67. 68. 69. 70. 71. 72. 73 . 74 . fiahing? ewiwaing in lakes? switcning in pools? hiking? bicycling? golfing? cross-country skiing? snowtsob i 1 ing ? nature walks? horseback riding? windsurfing? jet skiing? canoeing? exercise walking or jogging? water skiing? nvotor boating? sailing? camping? p ‘.cnicking? bird watching? gardening? snow sledding? rollerblading or roller­ skating? archery? using children’s play­ ground eguipjf.ent ? softball? baseball? volleyball? hockey? outdoor ice skating? soccer? tennis? basketball? football? ORNQ CtJTS EQAL DCNT DK/R 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 3 2 2 2 2 2 2 2 2 2 a 2 2 2 3 2 2 a 2 2 a 2 a 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 5 S 5 5 5 5 5 $ 5 5 5 5 5 5 S 5 5 5 5 5 5 S S 5 5 S 5 5 5 5 5 S 5 5 Thinking about the recreational activities you and your family engage in only outside of the city, is ^bere one you would most prefer to be able to do in Orono? (IP YES, ASK:} Which one? Do you feel that the current mix and number of parks and recrea­ tional facilities in and around the community meet the needs of you and other members of your household? YES. . . . . . . . . . . . . .^ NO. . . . . . . . . . . . . . .2 DON'T KNOW/REFUSED. . . .3 IF 'SO.’ ASK: addition.1 and Ucili.l.. would you like to ceo offered resa.a«nwe. Do you feel the City of Orono should a-.velop • more extensi^ park system or do you feel that TV rent facilities are adequate 'or city residents? SHOOLD DEVELOP. . . . . .i are ADEQtlATE................ *2 DON'T KNOW/REFUSED.............3 ^ho\ifio City efforts. could undertake a number cf recreational development 7"Which of the following would you make th# chief Vriorxtyot the City of Creno . . • • (ROiATE) A. preser'/ing more natural *ar.d areas, such as nic open spaces, and w-.ldllte habitats,* , Developing additional active park facilities, such a' ?all fields and playgrounds; Developing additional pasEiive park facilities, such as walk­ ing trails and flower garaene. PRIORITY A. . . . . . . . .^ priority .. . . . . . .2 PRIORITY .. . . . . . . . .3 SOMETHING ELSE (VOL)....4 ALL 0? ABOVE (VOL). . .5 NONE OF ABOVE (VOL). . .6 DON'T XNCW/REFUSED. . .7 B. C. The development of th^acy I°“i^S”^^^iL"r2^rnt?oSn"1«riU^e^dev.lopm«nt .long the have been discussing.•••were to lines we How much would you be willing to see your yearly property taxes increase to fund the developmen- of recreational facilities? Let say, would you be willing to see vour yearly taxes increasea by S ? (CHOOSE RANDOM STARTING POIOT; MOVE UP OR DOWN DEPENDING ON ANSWER) How about $_ _ per year? (REPEAT PROCESS) NOTHING. . . . . . . . . . $30.00. . . . . . . . . . $60.00. . . . . . . . . . $90.00. . . . . . . . . . $120.00. . . . . . . . . . $150.00. . . . . . . . . . $:80.oo. . . . . . . . . . DON'T KNOW. . . . . . . . .® REFUSED. . . . . ... . . 1 2 3 4 5 6 7 I would like to read you a list of park and recreation facilities ihI?rco;irb;co™';.rt of . city of Orono P.ric System In order wnxen armiisition of land and the development of any faciito fund the acqul.ition o be required. •ities though, an increase in property taxes For e4ch one, please tall me if you would strongly -oLwhat support, somewhat oppose, or strongly oppose a moderate SroperS tS'^^ncreaee to fund its development. If you don't ^ know, just say bo. ^ 4 I J- - -- - - Oj ^c-J U t STS SMS S>*0 STO DKR I 1 1 1 1 1 1 2 2 2 2 2 2 2 1 1 A 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 S 3 S $ 5 5 75. Picnic ar#«a and shelters? 80. Swieaing beaches? @1. Playground eguipc^ent for children? 82. Paved walking and bicycling trails? 83. Natural walking and bicycling trails? 84. Outdoor tennis courts? 05. Outdoor basketball courts? 8$. Nature obaervatlcn areas? . ,, S7. PlayfieldB, for soccer, fcctball, softball and baseball? 88. Public water access for boats and/or canoes? 89. Outdoor volleyball courts? 90. If it were possible, what would be your preferred method of transportation to a park or rscreaticnal facility of inter­ est? 5 5 If you were able to use that mode of transportation to go to a pajfic or recreational facilrty.... 1. How many minutes are you willing LESS to spend going to a park or rec- 5 TO 10 MINUTES. . . . . .2 reational facility of interest to 11 TO 15 MINUTES. . . . .3 16 TO 20 MINUTES. . . . .4 ^ 21 TO 30 MINUTES. . . . .5 31 TO 45 MINUTES. . . . .6 \ 46 TO 60 MINUTES. . . . .7 ^ OVER 60 MINUTES. . . . . .8 DON' T KNOW/REFUSED. . . .9 Now, let's consider a park or recreational facility that you would drive to.... 92 On average, how many minutes are LESS THAN FlVt MINUTES. .1 you willing to drive to a park or 5 TO 10 MINUTES. . . . . .2 recreational facility of interest 11 TO x5 MINUTES. to vou? 16 TO 20 MINUTES. . . . .4 ^ 21 TO 30 MINUTES. . . . .5 31 TO 45 MINUTES. . . . .6 46 TO 60 MINUTES. . . . .^ OVER 60 MINUTES. . . . . .8 DON'T KNOW/REFUSED. . . .9 Let's talk about land acquisition for recreational purposes.... 'd FA%"QS/.5TI1L FA\’0R..............1 favor/NO. . . . . . . .2 FAVOR/tJN'SURS. . . . . . .3 0PPC3S. . . . . . ^ DON’T KNOW/REFUS3D. . .5 primary pedestrians. .1 PRIMARY BICYCLISTS. . .2 both. . . . . . . . . .^DON'T KNOH/REFUSEt). . .4 93. would you favor or oppoaa a •yatem linking recraational facil itiae within the coaanunity? (IF 'FAVOR.* ASK:) Mould ctill favor it if • property tax Inireaee ware required to develop the eyetem? QA If B. citvwide trail eye ten wereshould It primarily aery. _ pedestrians, pritaarily serve -cy diets, or serve both? qc if s oroposed trail were to 2ruh h> ”• prop.rty,ling to gra^nt the City an eas«.^nt to that part of your land. l4oving on.... $e In general, how would you rate tha j maintenance ot Orono Path ana rec- GOOD reation facility -- excellent, good, only fair, or poor? YES. . . . . . . . . . . . ... NO. . . . . . . . . . . . . .? DON'T KNOW/REFUSSD. . .3 ONLY FAIR. . . . . POOR. . . . . . . . . DON'T KNOW/REFUSED 3 4 5 j liet of Orono Park and Recrea Jirtf=nitle:."por'^L!; ;n::-pu«* tea n. if you feel it needs better maintenance.and improvement. 97. Rest rooms? 98. Beaches? 99. Picnic areas? 99. Skating rinks? 100. Playground equipment. Changing topics. YES 1 1 1 1 1 NO 2 2 2 2 2 DKR 3 3 3 3 3 • • • 101 What ia your principal source e£ information about events ^d acavitlee going on in the City of Orono? Now, 102 just a few raor. questions for statistical purposes.... on how large of a lot i» ^ i%®T0*^^ACRES^” • • •-2aG^rrr?o-;r.r ;;;; - trfier:=tes?'ii^ .......j 10 acres, or over 10 acres? SVwMroSB.D...........7 * • Cs-Jld you pleaoe sell »e ho% sar.y people ««h .ge griup. live in your hou.ehold. Mfa etart wita pne oldeat. B« cure to include yourself. 103. First, persons 65 or over? 104. Adults under 65? 105. School-sged children or pre-schoolers7 IP CHILDREN ARE PRESENT ASK: 106. Do suy of /our children cur- . . . . . . . . . . . . . .1 rently participate in teaa p^n’t KNCW/RSFUSED. . .3 I0po]r L. S / i07. What ia your occupation and, if applicable, Che occupation of your spouse or partner? M:F: 100. What is ycur age, please? (READ CATEGORIES, IF NEEDED) 10-34. . . . . . . . . . . . .1 .. . . . . . . . . . . . . . . .2 35-44. . . . . . . . . . . . .3 45-54. . . . . . . . . . . . .^ 55-64. . . . . . . . . . . . .5 65 AND OVER. . . . . . . .6 REFUSED. . . . . . . . . . .7 109. Do you or any raeiRbers of your YES . . . . . . . . . . . .1 hniiaehold currently have a member- NO. . . . . . . . 2 ship in a private or public health DON'T KNOW/RSFUSED. . . .3 club? 110. Do you or any adult members of your household currently partici on any organized sports teams? YES. . . . . . . . . . . . . .1 NO. . . . . . . . . . . . . . .a DON'T KNOW/REFUSED. . .3 Has your household purchased a gticker for using the Hennepin Parks end Trails System? YES. . . . . . . . . . . . . .3. NO. . . . . . . 2 DON'T KNOW/REFUSED. . .3 H2. Is your currsnt residence on a body of water? YES. . . . . . . . . . . . . .3. NO. . . . . . . . . . . . . . .2 DON'T KNOW/REFUSED. . .3 113. Gender. (DO NOT ASK)MALE. . . . . . . . . . . . .3. FEMALE. . . . . . . . . . . .2 Thank you very much for your time 114. Region. (FROM LIST) 115. School District. (FROM LIST) TELEPHONE NUMBER interviewer _ _ DATE i : * ! I April 20. 1994 Lnoftai Afena lioitl SLPnLMN551»i)44 League of Minnesota Cities (Sis^o^eoo beceiveo APR 2 9 1954 OriY OF ORONO TO FROM; SUBJ: Mayors, Kfanagers, Administrators, Clerks Couocilmcmbers, Department Directora (c/o City Clerk) Chuck Winkelman President. League of Minnesota Cin«5 Mayor, St Cloud 1994 Annual Conference GOVERNING YOUR CTTV: fTS A WHOLE NEW BALL GAME! On behalf of the League of Minnesota Cities, I invite you to attend the League's 1994 Annual Conference, June 7-10. at the St Paul Ovic Ccnler. As in past years, the Conference Planning Comminee has put together another outstanding program with sessions designed for both small and large cities, in greater Minnesou and the metropolitan area. There is truly something for everyone. In keeping with the theme. GOVERNING YOUR COY: FTS A WHOLE NEW BALL GAME! St Paul Saints president. Mike Vecck, will be the keynote speaker at the opening session. Vecck will outline his recipe for success in this highly competitive world. The Wednesday general session will be a dramatic presentation performed by the Theater for Corporate and Community Education. The 20-minutc play centers around the relationship between ^^se in the work place and in the home. The goal is to provide greater awareness and sensitivity to the issues, and how it affects the work place. Hal Schippits will address the Mayors Association/Mini-Conference Luncheon on Thursday with his presentation. "Attitude: It’s ail in your head!" Schippits' highly rated presentation ^ the 1993 conference demanded this encore. Based on Stephen Covey's book. "Seven Charactsristics of Highly Effective People," the finale se^ion will provide a step-by-step guide to persona ’, success. Presenter. Eric Krueger, received his training at the Covey Leadership Center, and devotes his time teaching people how to create organization wide leadership. You are encouraged to send your atalT to this session. A special registration flyer for staff is included in this mailing. A SPECIAL UPDATE FOR NEWLY ELECTED OFFICIALS IS SCHEDULED FOR TUESDAY, JUNE 7. Although this program was created for elected officials in office two years or less, any mayor or councilmember will find it of value. A flytr outlining the program is enclosed. A detailed program will be sent to newly elected officials by April 30. at the World Trade Center City Night offers an opportunity to enjoy our herifa|e at the NTiimcTOU Hisl^ tf,. exhibit.. »d at the some time «.]«, th. ta«« m<J sound of St P.uP. cultural d.«n.ty Cvn. p«Wlebo«s. Omithrater. >nd Scene. Mu«um of Nfinnewt. will keep yout chitdien totally entertained on Wednesday i» Kpousra enjoy their day After touring *e recently renovated Como Park Conservatory. «rd a luncheon M the newly renovated Lakeside Pavilion on Como Lake, lavish costumes will be modeled as •Slones of Am«ic«i Women are presented by a local historian A drive-by tour of historic homes on Summit Avenue will top off your day. A detailed dracriplioo of all sessions, dong with the Funily Progrun events and ragirm^on is enclosed. Conference registration should be mailed to the League, and MBUng IttHHlIlMI hi Ae «ddiess on ihc faniL The Eshibit Pragram is the largest ever, with over I JO exhibits We encourage you and your staff to take advantage of this unique opportunity to become familiar with new products and technologies available to cities. Temfic door prizes are again being provided by the Miinicipd Hosts, along with portfolios and the Thursday reception. Gencous contnbutions have been offered by MINNECASCO. the UNfTED POWER ASSOCUTION and NORTHERN STATES POWER for conference registration assistance. MinnegaKe is offering a $50 legistration fee rebate to each city they serve, providing m official from the city stop by the Minnegasco booth and register. Uniied Power Associaho. and NoiHirni Stales Power would like to provide assistance to city officials whose •* budget constraints They will provide $50 per city towards the registration fee for the first 10 requests MINNESOTA WOMEN IN CITE GOVERNMENT is offeiing two full conferwee registrations to members of MWCG Please contact Dariyne Lang or Cathy Dovidio at the League for further information. A special ugistration for CTTY STAFF will be available on Friday for the Finale Session, for a $55 registration fee. Please refer to the enclosed registration form. We urge you to Sign up now for what promises to be a great conference. If you have any questions regarding the conference, please contact Dariyne Lang. Registration questions should be referred to Cathy Dovidio. I hope to see you in St. Paul. ^raiK- /'JiweKL'L-^ f-.} =1 ,K. ■•» ?m. B5T- I #lr^loffi pi r"?, ■*■mt^i-hH *;#7 -i/te * I '■ ..»4ir ■ '1"3 1^- :S •f jf'J I ..1k 5b^!^"-^ tJU-r^ i® fr vj m m.ijMIPv ........... ' 5 'mm mm ili*«:!'»'JIrV.»*.T. vr rfSKSW src i*5N.vir^ iTUfM X ; ^®‘not alone; Almost cwryon^complfiii^g they would do; irveral altorti^-s with adjotiin with plenty of Ume to ".'"a remit luivevsent.tothdsc who have'*.. city exrcricncc will provide legal . dmiur in Saint I'aul before the , ' ^5% MA':i^j;Specutupdat»j^eNei^''€i«ne^^OfficiaUe^ i^iiS JA! $35 per person itv^^rKtl $45* p^ p& s6n pn-ilte • ^R^istratioh di* > ■\ISiS2Es V?: -•V •^v . ■•.*-* ' K •, > : j^'vt .n'l -nr... .M.. ■■ __ it _. . 4 .'^7 4T • ' r‘ , - ., . ■-■■•ill- i,:.. r ■ - ■'). m - iq?- ’Ite-ii ^ ' .eaque of Minnesota Cities 994 Annual Conference your a r a v/hol Imie /, 8. 9, 10. 1994 St Paul, Minnesota 0 |i gaf^0 Get your reserved seats for this year’s LMC Annual Conference The 1994 theme, ‘It’s a whole new ball game* helps the League offer programs that focus attention on America’s favorite sport and how city government can mirror a ball game. The League has planned nine innings of information, networking, atid fnn fur conference participant* Wo^k.^ll()p tracks concentrate on rffrctive leadership, the right playen, a winning strategy, fair play, pjle* of die game, solid investors, loyal fans, receipts, and a field teams. Tliese tracks include workshops as diverse as Promoting Your Small Qty; to How 'o Hire, Discipline, and Fire Successfully Without Being Sued, to Presenting Violence in Your Coiniiiuiiity. Thursday, mini<onference day, has a track of workshops especially for small citiej. In addition to the workshops, the conference will feature general programs and speakers. Mike Veeck. owner, Sl Paul Sainu will speak on ‘Governing Your Qiy: It’s a Whole New Ball Came;* the Theater for Corporate and Community Educauon will present a play on issues related to violence in the workplace; Hal Schippits, humorist, tvill give us a 'Piece of His Mind* at (he Mayors’ Association luncheon; and Eric nrueger will enlighten participants on the ‘Seven Habits of Highly Effective People.* liie Gty of Saint Paul has planned n*o exceptional programs for Tuesday and Wednesday nights. The Tuesday program features Garrison Keillor a^ News from Lake Wobegon. And, on Wednesday, enjoy a cruise down the Mississippi Rher and an evening at the Minnesota Histo.7 Center, On Tuesday, before the regular conference begiiu, the League is offering a new program especially geared toward elected officiab who have been in office less than two years. It will present real life scenarios on governing your city. Learn all about the programs and activides here, and sign up soon. Don’t miss the ball game. 0 v/ho|e ne Special update for riewly elected officials to be offereddlleas pre<onference workshop at LMCiannual conference Governing your dty: Real life scenarios and Minnesota law Do you struggle with questions about what you and your elected colleagur* can and cannot do, as well as other complexities of municipal law? You arc not idone. Alrnost everyone completing a recent survey sent to those who have been in office two years or less agreed. This special update will provide an opportunity for you to leam the facts in a fun-filled, but highly instructive program. Scheduled on Tuesday, June 7 from 1:00 to 5:00 p.m. just prior to the annual conference, this workshop will focus on legalities related to a variety of policy decisioiu facing councils throughout Minnesota. The first part of the program %rill include a discussion of several vignettes (based on actual situations). A panel of veteran elected officials will sh^ what they wuld do; several altor .eys with city experience will provide legal perspectives; and then ‘the rest of the story" will be revealed —what actually happened. During Part II, participants will have the opportunity to tackltr other : situations, working in facilitated Imall groups and receiving feedback from the faculty. There will be time to address your concerns. Although this training program has been specifically created for elected officials in office less than two years, any mayor or councilmember is welcome and will find it of value. Special note: The session will adjourn with plenty of time to enjoy dinner in Saint Paul before the evening conference kickoff featuring Garrison Keillor at the World Theater. To register, please send the registra ­ tion form and payment to the League of Minnesou Cities, 3490 Lexington Avc. N., St. Paul, MN 55126. Contact Darlyne Lang at (612) 490-5600 if you have any questions. special Update for Newly Elected Officials: Governing your city: Real life scenarios and Minnesota law TucstSay, Juna 7, 1ft4 1:00 to S:00 p.m. Radbton $1 Paul Hotal »>^gistration fta Onctuding materials and refreshments): |iS per person in advance } 4$ per parson on-site Address. City Phone ( } Ragiftratlon deadline May 27.1tt4 (PItesa copy this form If you have more d?ap one raglstra- tion.) Plaaea make check payable to the League of MInnaeata CHIa# and mall along with tWe rogle- trotlon to laagsia o# Minneeota Cltla^ 34»0 Loalngton Avo. N.. St. Paul MN S512S. The City of Saint Paul Presents All evening witJi Garrison Keillor “America’s Most Recognizable and Soothing Voice” with Tales from Lake Wobegon r A V ■f > ’V 1/ at the League of Minnesota Cities Annua! Conference Tuesday, June 7, 1993 7:30 p.m. NO your J' loll 90< rrogram sen edule All confcrcnc* cvcoti arc •! (h« Saint Paul Civic Ganlcr uali olhenviae indicated Tuesday, June 7,1994 LMC Conference ' Planning Committee Meeting Ratliuon I lulcl 12:30 p.m. Pre-Conference Workshop Governing Your City: Real I ife Scenarios and Minnesota Law Radisson Hotel I;00 • 4:30 p.m. The Pre-Came Show Garmon Knllor World Theater 7:30 p.m. Wednesday, June 8, 1994 HK.VI INNINC Welcome/Opening Session 9:00- 10:15 a.m. ^‘Cavtniinf Your Qiy: It’s a WIk >I« New iail Caflie* Miki Vmk. Oimer. St Piul Sainii Time-Out 10:1^10:9 0 SECOND INNING Concurrent Sessions I (Chooae one) i0:30« 11:90 a.m. CFFICnVf IfAOCIISNIP LooUnf to the FUtive: VWoniiif for Your Cottimuniqr # Why viaioning it ao imponanti # Proccaa to foUoar # Where to get hdp # Potential piifaUa and how to aMid them # Neat step, after viaioning h complete THi RIGHT PiAYERS How to Ifirc, Dtacipline, aid fire SucceaafiaUy Without Being Sued —Part I: Hirii^ Succeed fully e Ixgai runernu # liiicivinving lipa aiwl ierliiiii|iiea (complete witli denionsiraiiaia) # Coimcil*! role # Veterana Preference Act # Diacrinunation A WINNING STRATEGY Community/School Collaboration # How local governmenls can share faciiilica/resources/functions tliat would allow better services to taxpayers tviih same amount of tax dollars # Areas where collaboration is beneficial and not beneficial # How to divide responsibiliiies/cosu # How to implement # Potential pitfalls and how to avoid them FAIR PLAY Gender Communication: Etfual But Different # Differences between men and women that affect our working and personal relationships # How male and female belief systems affect communication, conflict, expectations, and work interactions # Differences in motivation and problem solving # How to accept, uiideruand. and allow lor each other ’s differences # Special feature: Role plays. ilhisir.ii- ing spedfic situations RULES OF THE GAME Impact of Healthcare Reform on Qtice # Federal penpecthe, review of propoaed plana, klinneaouCare # How will dtics buy health insurance for employees under various plans « Coat # What kinds of coveiagc may be mandated that we may not provide now. i.e. part time employee.'* Exhibitor ’s Luncheon 11:90 a.m. -1:00 p.m.rTHIRD INNING General Session “tlalMB There ’s Rlood” 1:00-2:00 p.m. Dniiiatic presentation creaied aiui perfomied by 'Iheaier for C«x poraic and Community Education FOURTH INNING(Concurrent Sessions II / / %((Uioo.%r oiu*) (fHCnvt LEADERSHIP Dealing tnih Controversial Issues 9 Iniroduction and overview • Handling controversial issues is numlHT one ® Roles and rcspunsibilities 9 (,Lsc studies THE RIGHT PLAYERS How to Hu^» Discipline, and Fire Without Being Sued-Part II: Disdpline and Termination • Legal issues related to termination • Council’s role • Effective employee discipline 9 Defamation • Vignettes illustrating common situations A WINNING STRATEGY Strategic Plarming for Infrastructure and Capital Improvement Plan: Are You Prepared for Too Much Water? • UndrrstJiiding infrastructure, strategic planning, and inventory • Need to inventory the present infrastructure; Finding out what you I'^ve, what shape it's in, how future growth may affect it • Crowth/dccline - impact on infrastructure • Problem - too much water getting into sewers; why and what to do • Kmannal consequences of too much water • Case studies frnm rities who successfully dealt with excess water iINO YOiJp e ne 0 II got^e 3:1 d*5:30 p.m 10 FIFTH INNING FAIRFIAY Dealing widi Youth Ihucs: A Total City Effort # Nationwide concern for youth and the challenges, i.e. gangs, drugs, violence # I low did we get here? (budget cuu in recreation, two parenu working, influetKe of media, etc) # Focus on prevention, how to develop cooiinuniiy policies that will reach youth % How to convince seniors and business leaders that youth pro> grams need financial support from tax dollars and private investment # Creating funding partnerships between public and private secton # Examples of successful efforts SOUO INVCSTORS Improving the Burincm Qimate in Your Conununi^ % Sticcessful biuiness community critical to city's well being # Prnrru for developing a business retention/recruitment strategy # Techniques for improving or maintaining a positive relationship between city and busineu # Tools available, i.e. commercial rehab loan prograrj, sign giant program, landscaping loan or grant program, special service disuicts, technical assi^iance/advice # Improvin'^ communicauoru vnth businew community Concurrent Sessions III (Choose one) 3:30 • 4:30 p.m. EFFtenVE LEADERSHIP LcaderAip in the Public Secton **Knowing Thyaelf** There are three questions whose answers are the essence of public service. They are the questions we. who have chosen public service, have to continually ask ourselves. Tliey measure our ability to do a good job. The questiofu are: # Do you enjoying doing what you are doing? 9 Do you know where you are going? # Are you atiified with the peimn you are becoming? THE RICHT PLAYERS Volunteer Prognune: Tapping Into the Power of die Third Sector # How can cities find dedicated volunteers? # What types of jobs would they be expected to do? # Who tvill be there to guide and schedule them? # F.xaniplcs of volunteer programs that work (that could be duplicated in your city) A WRNNING STRATEGY Preventing Sexual liaraamatut # Elements of sexual haraumem: what it ia—iUusirateH by a series of vignettes 9 H<xv to prewnt it in die workplace 9 How to investigate complainu 9 Summary of recent court caies FAIR PLAY Preventing Violence in Your Community 9 Throu^out the state, elected officials are hearing more and more concern from their citizens about rising violence agaiiwt people 9 Specific progranu develops in Minnesota that provide a way to reverse this trend and counter the fear 9 How your community can model these efforts 9 Funding sources to help you get started SOUO INVESTORS Economic DevHopment Innovationi 9 Understanding what developers/ businesses are looking for 9 How to help local businesses 9 WInt are other states doing to promote economic development: Competing with the Dakotas. Iowa, Wisconsin City Night Missimippj River Cruiae 5:00 • 6:30 p.ni. Minnesota History CeiUer 6:30 • 9:00 p.in. Thursday, June 9,1994 Informal Networking 8:00 a.m.r SIXTH INNING Concurrent Sessions IV (Choose one) ftOO-10:15 a.m. EFFECTIVE LEADERSHIP How to Be An Effective Councilmember 9 Ccitiiig priuriucs slraiglii 9 Time tiianagemeni 9 Decisionmaking strategies- working with your elected colleagues 9 Tips for planning LOYAL FANS Empowering Citizens # How an individual can influence municipal legislation # What city goveinmenis c;ut do to riii|K>wt‘r iheii lict/riLS # Sin < v\s slot irs # Ihpw iicgalivisiii and niisinli.iiiiation c an l>e cotmlered A WINNING STRAHGY Intergovernmental Cooperation and Consolidation # Ohjn tivr evaluation of the bcncnis and costs of cooperation 9 How to gel started 9 How to overcome impedimePts to effecuve cooperation 9 Examples of intergovernmental cooperation that have worked 9 Legal and implementation issues to consider GATE RECEIPTS Grants: Where Are They? 9 Types of grants, sourc es, accessibil ­ ity, and ap|)lication criteria 9 Rc*view of grant application process 9 (^11 grants be combined with other programs, i c. waicr/sewer grant with a public facility loan 9 VV'ho should write a grant applira* mm? Si.ifT? A professional grant wi Her? FIELD Of TEAMS Sharing Between Small Qties 9 What services can be offered jointly 9 Types of agreemenu possible, advantages/disadvantages of each 9 Start up costs for shared programs 9 Potential cost savings 9 Resource list of people available to assist ciues in their efforts FIELD OF TEAMS Finanrial Planning for Small Cidee - Long and Short Term 9 Short-term options, i.e. charges for services, unpredictability of state aid. regular financial accountability from staff, keep city council informed 9 U>ngHenn options, i.e. capiul improvement plan, utility hook-up fee^. need to be visionary, return on investment vs. cost of outstanding bonds, tax increment financing 9 New financial innovations (i e. sccuntjes lending) and how they affect a city's short term need Time-Out 10:15- 10:30 a.m. SEVEN! II INNING (4)ncui ivnf .sessions V (GiuMisr im<*) 10:30- l‘2:0Unooii EFFCaiVI LEADERSHIP Coundl-Scaff Reladons 9 Should we really emulate b.iseball? 9 ('ii)uncil exfiectations 9 SutT expet t.itioiis 9 Public expei l.uiniii: Ihetelmm Ills eii(l(*d v>r v-. |.|piirtac; M«sfa9« •:-x: **«. ■ * .’.‘X '* *• .vX'w iriienti^W Dc^l^i |^;^fonnlri,t^C{:^ii^^l^'«a<l«i3n*nddelivc(lnn^ iMJucatlonftI presentations lisii^ r a$ a means tp raise awarer^ r andiwin^pmrtl^^ ..................................................... -iiriii Iff ^9^ HMtisan p: V"*‘‘ ‘L :• , :• •>V .i.. & ............ ti'M irkritMkv:j# Mi •ir •>< ■ ■■■ -V-'- '-MMiUShi*. ^ SKVFN’IIJ SNNINCSTRJ'ilCIIMayor’s Association/ Mini-Conference Luncheon 12:00 • 2:00 p.m. “Attitudct ICs AU in Your Head” //a/ Scfuppits, Director, Hennepin County Day Treatment CenterrEFCHTH INNING Ctincurrem Sessions VI ((JuK)s<“ rme) 2:ir> • 3:30 p.ni. EFFECTIVE LEAOERSHIF Policy v». Operadofu • The deatti of Uic poliiics/adminiS' (nuion dichniomy • Ilu- liii ih of die {lolitics/policy ilicliotoniy • Koaiiiies for the 21st century • Building a winning municipal team LOYAL FANS Outcome Based Budgeting • DilTerence between outcome-based l)u<igriing and traditional line-item llllllgCLs • Why mow to outcome-based budgeting - bt-nehts • Specific examples of cities and counties that are using innovative budgeting strategies ® Washington County's 'Mission Directed Budgeting* (MDB) - incorporates liie budget process with overall mission and policies of the board • MDB eliminates line-item budget ­ ing, encourages deparunenu to work as teams, and provides incen­ tives to departments that reduce operating expenses and come in under budget A WINNING STRATEGY Environmental Issues • I larardous waste • Landfilb 9Wedand$ GATE RECEIPTS Transporution Utility ® What a transporiaiion utility is and how it works • Advaniages/disad vantages • Recent court cases regarding a community’s ability to use special assessmenu for roadway improvements • Property classifications FIELD OF TEAMS IVomoting Your Small City • Overview: promotion is vital to a city’s continued success, it is internal and external • Identifying potential markets for your small city • Methods available for promoting your markeu • Available funding • Using city staff • Wlien a city should look outside for promotion assistance FIELD OF TEAMS ^proving the Buiinen Climate in Your Community • Introduction and overview • Do not take business for granted • Businesses need to know their appreciated • Wily businesses move • Role of chamber of commerce Time-Out 3:30 - 3:ir» p.m. League Annual Meeting 3:15 p.m. LMC Reception and Banquet Radisson Hotel 0:30 p.m, Friday, June 10,1994 ^^ NIN IH INNING Awards Presentation and Finale General Session Radisson Hotel 9:00 a.m. -12:00 noon iir«i wMm i*1 *,•:*>»* V.;f .If [ t |,^,can i liRSii m m “•'VC roufi 9«< ly Tcchniquet for Cities % Giizcns 2UiC demanding that government provide quality service in a more efTicicnt and eiTective manner # Ways cities are responding by emphasizing customer service and simplifying procedures for resi* dents —actual demorutratioiu # How to examine your present procedures and facilities to deter* mine what could be improved riorf¥#d rf^ mAmlw -Iv . . . V $?■fcv ife- ■ ■ - TN In iddJtlort w biNip ..I $ pi. m '>'-ti>:y- <'-y ■-■ WNif.«'<-i. < w #1^ -l#s:WR « %> v^4 *? ■ # How to conduct a cost/bcnefit analysis of the improvements # How to evaluate the results A WINNING STRATEGY Ixm^lUnge Financial Planning # How you can use and present long- range financial planning numbers without scaring away the novices # Questions you can ask yourself and your planning group to ensure you’ve incorporated essential assumptions 9 Reasonable estimate of time cumiiiiimeiit for various degrees of sophistication of long-range finan- ci^ planning GATE RECEIPTS Feea for Service: Succeaa Stories # Purpose and benehts of fees # Types of fees (traditional and new) that can be charged # When determining fees, what should be considered # How to collect fees # Case studies: success stories FIELD OF TEAMS Land Use Issues for Small Gdes # What should be in the text of the ordinance # What a variance is and required findings prescribed by state statute # What can be controlled through conditional use permitt # Responsibilities of the planning commission, city council, and board of appeals and adjustmenu 9 How to handle common problem areas, i.e. home occupations, noo- conforming uses, fences FIELD OF TEAMS Economic and Commimicyr Deveiopmenc R cmutccs for Small Cities 9 Resources available to communities 9 Need to focus on economic (busi­ ness) and community (housing, parks) development resources 9 The other resource - volunteers 9 Project specific resources I e ne\vho|e • • dumVltlCS for city officials 2ind families For evcfybody.... Tuesday, June 7 Kick-off event World Theatre 7:30 p.m. An Evening %dth Garrison Keillor Priirie Home Compinion hoet, Carriion KeiOor, will bring The News from Like Wobegon, along with his special music and tales. A native of Anoka, and graduate of the University of Minnesota, Garrison Keillor re­ turned his nationally broadcast Prairie Home Companion show last year. A Grammy Avrard ivinner and author. Keillor is truly one of Minnesota's favorite sons. After Garrison Keillor let the nostalgia continue...join us in the atrium fountain area of the World Trade Center for an old-fashioned ice cream social. A perfect way to end the evening. Wednesdiy, June 8 Qtjr night A Mississippi River Cruise 5:004:30 pan Enjoy a cruise down the Missiuippi River on the Jonathan Padleford or Josiah Snelling, as the Twin Gtim renowned Jazz group, the Mouldy Figs, play your favorite tunes. An Evening At Minnesota History Center t:S0-9:00 p.m. Celebrate Minnesota ’s heritage and diversity at the Minnesota History Center. Enjoy a variety of food and music, as you tour the exhibits of the Center, which opened in October 1991 For children.... \^fednesday, June 8 Caves, Omnitheater, Science Museum tour 10:30 a.m. - 3:00 Assemble in the Radiison lobby for a ride to the historic underground caves on the south shore of the Mississippi River. After touring the caves, depart for Jonathan Paddleford Packet Board Company and Harriet Island. Aboz lunch wiil be served on the Island. After luiKh you will be transponed to the Omniiheater/Science Museum of Minnesota. After viewing the Omniiheater's presentation of Antarc ­ tica, you will have time to visit the exhibiu before returning to the Radisson. Advance registration $19. For ipoiiseff and gucats..,. Wednesdiy, June 8 Como Park, Stories of American Women ll:0b a.m. - S:90 p.m. Spouses and guests are invited to enjoy lunch and tour the Como Park Conservatory. The 71-year-old Victo­ rian building features seasonal bloom­ ing plants, and tropical and semitropi- cal planu year round. Discover the beauty of the Sunken Gardens. Palm Dove. Fern Room, and Bonsai exhibits. Lunch will be served at the New Lakeside Pavilion on scenic Como Lake. During lunch a local historian will present ^mries of American Women.* Lavish costumes will be modeled during this presentation, which features eiMertaining stories of women of the past The lour will conclude with a drn«- by tour of historic Summit Avenue. Advance registration $20. For golfen... Tkiesday, June 7 and Friday, June 10 9:00 a.iD. to 3:00 p.m. Qty officials arc invited to bring their golf clubs and enjoy cither the Como Golf Course or Phalen Golf Court as guests of the Qty of Saint Paul. Green feet are complimentary, however ^lace is limited. Advaac* imsivatioH ia auggessed. Please complete the rcservaiion form on the next page. For evciyone.... Infotmaiioo on addMenal actIvWm (to be arranged on your own) wil bo lobby oTiko S^i PMd CMe Comer. These iiKludc; Alexander Ramsey House Cafespan's (^ousel James J. Hill House Great American History Theater Landmark Center Miimcaota Children't Museum Miimetoa Museum of American An Miimcsoia State Capitol Historic Site Ordway Music Theater Park Square Theater Company Ramsey County Historical Society/ Cibbs Farm Museum Saint Paul Qty Hall/Tour Schubert Qub r FAMILY ACTIVITIES REGISTfUTION FORM Display of flags Friday, Juna 10 OoHIngat: Como Golf Course . Phalen Golf Course Wednesday, June • Cave tour, lundi Omnltheater/Sclence Museum of Minnesota Advance reoistration $12 No. of people ______ Wednesday, June i Discover Como Farfc Conservatory Conservatory tour and luncheon "Stories of Minnesota Women" inesentatlon I Do you have a city flag you . would like displayed with Tee time requested: f of people I those from other Minnesota cHles? At the League's 1994 annual conference, flags from throughout the state will be on display, and we would like to include yours. Flags must be received by May 27, and will be returned Immediately after the confer ­ ence. Please send your flag to; Cost Advance registration $20 No. of people Total enclosed ___________________ NaiT« Cost Telephone Mall form and advance registration foes to: CHy of Saint Paul 2S west 4th Straot ISth Floor Saint Paul MM SS102 (iffaht chock poyaMo to: OTY OP SAINT PAM) If you require accessible Iransportatioiv or have other special needs, please indicate your needs on the registration form. Advance registration forms must be received by May 31. I I I I I I I I I I I I I I I Darlyne Lang League of Minnesota Cities 3490 Lexington Ave. N. St Paul, MN 55126 If you have any questions, please call Darlyne Lang at 1-800-925*1122 plus your city code, or (612) 490-5600. ■EE 3490 Inafteo Anani North -• ••• 4 - ' «League of Minnesota Cities 8tPUl,llN5619SS044 (612)------'''' r *T , * . . . / V > • #. •». -/^ / * • 4». »t . I - ^ f. '■•*•• >f ; f* "'<■•.• i: IV;. •»; '. ' •« p- SPECIAL REGISTRATION City ftaff tie urQcd to attend tha Annual Contertnca Friday Finale *Seven Characteriadca of Highly Effective People' Pfeeented hy Erie Knieger FRIDAY. JUNE 10.1904 at the RADIS80N ST. PAUL HOTEL Pleaae Print: Name: Position:.City: Address: City:State:ZIP: Daytime telephone # # •Registration Fee: $.($35.00)f f.yx. • -.■•T.. Check enclosed:OR Invoice the CHy: NOTE: ' y • V.I, f - .* M * W 4 *« - Your bgdgg wM bt itady it fht atlvsnct itgiiteitlon Uttk at t tha Radiaaon St Paul Hotel •* '"' t* ^ - > *«.t / #< t 'r 4 - ♦ ♦ • I J 4 ■•* I’. #■ w I . f ‘ .* •» J 4 " '«v. 0 ‘>. ’ - -*/ » ' I ! y'' '• • ..rrfiv;• . -t 47«h«^, 77.. '7 ■-i. ■ ^ ^Jflr4TS i. -SA.-.cr^ 1 LMCIT Available at the Annual Conference to Answer Your Questions Do you have qutsdons about the League of Minnesou Cities Insurair^ 1 rust (LMCIT) proiErains your City participates in? Do you have ^jggestions for ways LMCIT could do a better job for you? Do you have : implaints about the service you've received? If so. you <e invited to iiop by and Ulk with us about it. LMCIT will have a booth in the exhibit area at the LeajP'.c s June Conference in St. Paul. Again itiis year we’ll have specialists in different aspects of LMCIT’s operations available at specific times to meet with you, answer your questions, and listen to your suggestions and comments. Vnderwritin from LMCIT’s property/casualty, workers compensation, and employee benefite programs wUI be on hand Wednesday morning, June 8 They can answer questions regarding premiums, how rates are figured, how your losses affect your premiums, what you might be able to do to reduce the rates, how some ch^es you’re considering might affect your rates, etc. These people can also help you with coverage questions, and expUin the meanmg and implications of some of the coverage options you have in the LMCIT programs. On Wednesday afternoon, June 8, some of the pet^le who handle employee benefits, workers compensation, and property and liidrility eUdmt will be on hand to answer your tpiestions. Stop by if you’d like to talk with us about how LMCIT handles and manages claims, and who to ulk to if you have suggestions or questions about particular claims. Thursday moraing, June f, the loji eoHint folks will be available to talk with you about mployee safety and reducing hazards to the public, and answer questions about loss control teconunendations. There s a loss control aspect to health coverage as well and policy managers ^ otih^thL^ pie-certificatioo for surger>' or hospitalization, utilization review. Besides Willis Cbn i.ij < IS s. 11 - speciahstt from Berkley Risk Services, Berkley Administrators. DCA, and neoTLMCrrsmhouaestaffmembcnwillbethefcas well. As always, we’U have plenty of informatioiiai handouts available too. Please stop by. We’d like to hear from you about what we re doing right and what you’d like to see us do differently. We also want to make sure you have all the information you need about your LMCIT programs. s. • ' Leaque of Minnesota Cities 994 Annual ConferenceRegistration and housing V r- *6 whole i>'^ .1. a HftW |l gaf^ June/, 8, 9, 10, 1994 St Paul, Minnesota 1994 Annual Conference Registration PleiM type or print * dme __________ Nickname for badge Title ___________ Sex City or organization. Mailing address _ City____________State Telephone (). ( I Family members attending (There is no registration lee. DOES NOT INCLUDE MEAL TICKETS. ORDER BELOW) Spouse full name Child _________ Child ________ Sex Age Age This is my first League of Minr>e$ota Cities Annual Conference. FULL CONFERENCE June 7*10. 1994 Registration includes admission to all sessions and conference activities, including tickets to: • Wednesday Exhibitors' Luncheon • Thursday Coffee arxf Rolls • Thursday Mayor’s LurKheon • Thursday Banquet • Friday Coffee and Rolls MINI-CONFERENCE June 9. 1994 Registration INCLUDES admission to all Thursday sessions including tickets to; • THuesoAY Come ano R oixs • Thuhsoat Mavon’s Luncmion NOTE; This registration DOES NOT include Thursday Banquet tickets. ORDER BELOW I I I. General information Every delegate, guest, speaker, me­ dia representative, and other attend­ ees MUST REGISTER with this form. Complete the form in full and return it along with full payment of all appro ­ priate conference registration fees to address indicated. NOTE: No registration will be proc ­ essed without payment in full, or with ­ out an accompanying city voucher or !: purchase order. ,, II. Registration Oeadlinee ! I May 13.1994; Final postmark dead- I j line for Early Registration. May 27.1994; Final postmark dead­ line for Advance Registration. m. ConfOrance Rsgiatratfon Canceliatlon Polieies Your registration cancellation letter must be postmarked no later than May 27.1994 to qualify for a refund of registration fees. I i !l J ! I Early Registration (Postmerltod by May 13.1994) $205.00 Full Conference $_____ $ 95.00 Mini-Conference $_____ Advance Registration (Postmarked by May 27,1994) $225.00 Full Conference $_______ $100.00 Mini-Conference $________ On-SIte Rsgistratien (at Conference) $245.00 Full Conference $ $105.00 Mini-Conference $ Extra Meal Ticliels $11.00 Wednesday Exhibitor's Lunch $. $15.00 Thursday Mayor's Luncheon $ $26.00 Thursday Banquet $. (NOTE; Mini-Conference registration (X)ES NOT INCLUDE THURSDAY BANQUET. You may order separately.) City contact Daytime phorw i. A registration canceliation is subject to a $25 cancellation fee. IV. Special Needs IF YOU HAVE A OISABIUTY AND REQUIRE SPECIAL SERVICES. OR IF YOU HAVE SPECIAL DI­ ETARY NEEDS, PLEASE ATTACH A WRITTEN DESCRIPTION OF YOUR NEEDS. V. Registration Confirmation Pre-registrants will receive a post­ card ackr>owtedgment to be present ­ ed at the ADVANCE REGISTRA­ TION desk for quick registration. VI. Reglatratlen Information For more information contact: Cathy Dovidio (612) 490-5600. las, 34M Leamglon Avenue North, St Paul, MN $6126. Feel free to duplicate for multiple registrations. L._ Special offer from Minnesota Women in City Government Minnesota Women in City Government (MWCG) is ottering two lull LMC annual conterence scholarships at the EARLY registration rale. You must be a member ot both LMC arxJ MWCG and your city does not budget tor oonterences. Call J. Diann Goetten, President, MWCG at (612) 473-6633. r Early Bird Special For member city otticials only. The Radisson Hotel and the St. Paul Hotel will provide one complimentary weekend for two at their hotel, exdudir^g meals, as an early bird special prize. Only delegates sending in their housing registration form by May 1.1994 will be eligible The winner must pay the room tax and all incidental charges. 1994 LMC Annual Conference Housing Housing information $72 $72 $67 $67 $47 $47 SINGLE DOUBLE Radisson Hotel St. Paul.........$72 11 East KeHogg Boulevard Saint Paul Hotel ......................$67 350 Market Street Days Inn Civic Center .............$47 175 West Seventh Street NOTE: The Radisson Hotel is the headquarters hotel Suites are available at the Radisson Hotel. Contact Oarlyne Lang at the League office it you wish to reserve a suite. important instructions Rooms will be reserved on a first-come, first-served basis The earlier you make your reservations, the oetter the chance you will have of getting your first choice hotel. The hotels will hold the room block until May 20. 1994 A deposit equal to one night’s lodging per room must accompany this housing form. CREDIT CARD PREFERRED MAKE CHECKS PAYABLE TO THE RADISSON HOTEL ST. PAUL. You will rocoivo an acknowlodgmant of your reservation from the aasignod hotol. All changos in roaarvationa or cancollationa must bo mado through tho Housing Bureau in writing. Housing Reservation (plaaao print or typo) Name:____________Title City or Organization : Address ;________ City:___________State:Zip: Arrival Date:____ Hotel Preference First:_________ Arrival Time: Second: Special Requirements :_ Names of All Occupants: Do you wish to guarantee payment for arrival after 6:00 p..Ti ‘> Yes ___________No ___________ ______Enclosed is a deposit equal to one night’s lodging per room MAKE CHECKS PAYABLE TO RADISSON HOTEL ST. PAUL Send to: League of Minnesota Cities Housing Bureau Radisson Hotel St. Paul 11 East Kellogg Boulevard St. Paul. MN 55101 Attn: Jolene Orayna Departure Date Third Smoking Credit Card Pre ferre d Credit Card Company Card Number______ Expiration Date _____ The LMC Housing Bureau is authonzed to use the above card to guarantee my hotel reservations reserved by me I under­ stand that one night s room will be billed through this card if I fail to show up for my assigned housing on the confirmed date, unless I have cancelled my reservations with the hotel prior to 6 00 p.m on the day of amval. Cardholder signature Date R«tain a copy of this form for your rtcords. If you do not rocoivo s confirmation from tho hotoi within two wssks, contact JolofioDrsyna at (612) 292-1 LMC Annual Conference Governing Your City: it’s a Whoie New Baligame Preliminary Program Schedule Tuesday, June 7,1994 Pre-conference workshop Special Update for Newiy Elected Officials t;00-5:00p.m. Spedai Kick-Off Event Starring Garrison Keillor World Theater 7:30 p m. Wednesday, June 8,1894 ^0 Welcome/Opening Session r 6^ - ^0:^5 • "» Keynote Speaker: Mike Veeck, St. Paul Saints Owner *Qoveming Your City: It’s A Whole New BaUgame* ^0 Concurrent Sessions I (choose one) ^ 10:30- 11:30 a.m. • Looking to The Future: Visioning for Your Community • How to Hire. Discipline. Rre Successfully Without Being Sued-Part I • Community/School Collaboration • Gender C^munication • Impact of Health Care Reform on Cities r Ciiy Night at Minnesota History Center 6:30 p.m. r Exhibitor’s Luncheon 11:30 a.m. - 1:00 p.m. ttp (Seneral Session \ 1:00 - 2:00 p.m. Unless There's Blood* A dramatic presentation performed by the Theater for Corporate and Community Education Concurrent Sessions II (choose one) 2:15 - 3:15 p.m. Dealing with Controversial Issues How to Hire. Discipline, Rre Successfully Without Being Sued- Part II Strategic Planning for Infrastructure and CIP/Are You Prepared for Too Much Water? Dealing with Youth Issues: A Total City Effort Improving the Business Climate in the Community r Concurrent Sessions III (choose one) 3:30 • 4:30 p.m. Personal Leadership *Know ThyselT Volunteer Programa/Tapping into the Power of the Third Sector Preventing Sexual Harassment Preventing Vioience Economc Development Innovations Thursday, June 9,1994 Inrormal Networking 8:00 a m. ^0 Concurrent Sessions IV (choose one) r 9:00 • 10:15 a m. • How to be an Effective CoufKil Member • Empowering Citizens • Intergovernmental Cooperation and Consolidation • Grants. ’ ''**re Are They? • Sharing o .tween Cities • Financial Planning W0 Concurrent Sessions V (choose one) . 10:30 a m. • 12:15 p.m. • Council-Staff Relations • User-Friendly Techniques for Cities • Long-Range Financial Planning • Fees lor Service: Success Stories • Land Use • Economic and Community Development Resources Mayors Association/Mini-Conference Luncheon 12:00 - 2:15 p.m. HalSctuppits 'Altituda: It's all in your head* Ay Concurrent Sessions VI (choose one) \ 2:15-3:30 p.m. • Policy vs. Operations • City innovative Budget Strategies • Environmentat Topics • Transportation Utility Feea/Funding for Local Transportation Needs • Promoting Your Small City • Improving the Business Climate r r League Annual Meeting 3 45 p.m. LMC Reception and Banquet 6 30 p.m. Friday, Juna 10,1994 flIF Awards Presentation and Finale General Session ■ "Seven Characteri8tx:s of HigWy-Eff active People* 9:00 - 12:00 noon The League of Minnesota Cities wiii make every attempt possible to accommodate needs of people with disabilities at our annual conference, June 7-10. In order to make necessary advance arrangements, we ask that you notify Darlyne Lang at the League office, 490-5600, at least four working days prior to the conference. mwm I\ ,i’>•'' ■' T%J>.^V"' * N W**v‘#^'C .f \>X ^^>'-v X'fmm ' ~ y^ 4, ^■Sflay f^. : : I* V ■'. y' W- $X}- \ ^>5 • i‘ • • ; '.*j'f>-»► r},y— ' * V * ^***»*v '^- i^it imwri^x-- -X ii^ V ' P^- • k' i-^'2^ E^-w. ^. - yv i’vAjffli V' V •^v.: ■' '•#;# mi ^■■xm V •■•» ^■*,< =J.' .•-i^ •%•' - X nx :. ■ ..'A V><.'/« »» .-V > r ^ It • ‘ '■ v>W.^iim :* i-’' jffl ’■' a ’-i'- ’••./y - ?* ■ V- ' ■I, ’” • f" % # :>^ 1 *. ,* ‘ V-Ai' aV-:; •• 0 .• V " A'- -Aihfr-idwwp^ !».•., VP* 'V,.. . X Xr ^ ^ ^ a!** f^^pv/SKC'*'--';■.-J»- • .* !;-'. ‘mSd^XMi 4' At#:’^'v'' ■iK!»yi»if'K'.-.yOJfeiArfW'■'^iA<; >1 r ■ '■ '•^‘: • V X‘ , 'X .. ..... #int«» I CS^?i!4gs ' % •••f' "• ri-1?^ ■’^' ■ '•■¥;^Fliigs sSSttld-:i : 3, y > -rv' . y^‘ <{,y V , • ^ - 1 Dvlyne ^ ^ •: II ■mm.-.m-:.r%’ ’*, •■ s •• •r^ ■ >> * * *^ • f : v;-r- • League o: 3490 Lej( St^Paul, *-■;,*■ -J^AU I W.Si' ^ “w* t* ^ O*-. *•• • 1 a’' *• i > * ?»\ V' •. <•; * mm >'j^* v.jug'ir- mi * ”> ■ /C '•^ , v^?c\ aT^ V I * U’ ■. * .*V 1^* . A./ •* • *• ■■' - : r- . V--+ ■ .7 ''*■■■ ' r/‘ ' •* •-» *'*• V ■ ' - . ■.. i* • \^r^ ■ -:' --i■p^; y >, V ^ ,• -^ ► • ■ •• >: • ^ '-Wk:* T- "" - ,‘ ^ L 1 • ''•.av,-:^--;-‘t-. 7.- ‘-:"f?- ■ •. t!D^> 1 iCift<^bT^;)rv ' P .-y: -; ..’>•. 'fI'.'!'- Saef*'i'?a^^fv>A f'VC. .. v ,. :■•:■ n-; ‘..^i ; iLfv ‘•■'•jf- fci . ^ > li ^ '; -4^' * ^1 LEAGUE OF MINNESOTA cTTIES ANNUAL CONFERENCE AFFILIATED ASSOCUTiON PROGRAMS MiaaaMtii Micron* AnocialiQa Radisaon Hotel. Carousel Restaurant, East Room Board Meeting, Breakfast Wednesday. June S. 7:00>8:1S a.m. Msijroi^ Luncheon St. Paul Civic Center. Wilkins Forum North Thursd^, June 9. 12:00 ^lilS p.m. Officers: Joy Robb. President Bonnie Cumberland, 1st Vice President Dan Kelly. 2nd Vice President Michael Bisanz, 3rd Vice President John O'Rourke. Secretary Duane Knutson, Treuurer Chuck Hazama, Immediate Past President Sister Odes Inleiiialloiial Radisson Hotel, Kellogg Suite m Workshop. Business Meeting, Luncheon Wednesday. June S. 9:30 a.m.*4:30 p.m. Officers: Joyce Benson, Minnesota State Coordinator Katie Fournier, Management Team Lowell Smith, Management Team Jim Stigman, Management Team Associaden of Mlnacsotn Fif igrary ManageiB RadissonI Hotel, Congreu Suite Board Meeting, CofTee/Rolls, Luncheon Wednesday, June 8, 9:30 a.m.*3:30 p.m.. OfTiccrs: W^ne Sletten. President Don A. Anderson, 1st Vice President Marvin Klug. Secretary Paul Lee, Treasurer MiMWselB Women In Ofy Gevei St. Paul Civic Center, Room C-2 Board Meeting, Luncheon Wednesday. June 8, 11*30 &m.-l2:30 p.m. Officers: J. Diaiu Goetten, President Betty Herbes, Vice President Tamara Miltt-Miller, Secretary Sharon Leintz, Treasurer Caaiitfea ef Gmalsr Mlrmaiita Odes Radisson Hotel. Kellogg Suite Board Meeting, Membenhip Meeting, Breakfast Thursrhqf. June 9. 7:30<8;4S a.'A.. Officers: Wqrne Klinkhammer, President John Ellenbecker. 1st Vice President Stan Christ, 2nd Vice President Dick Hierstein. Secretary Scott Hutchins, Treasurer Miruesotn Asseciadea ef Urban Management Assistants Radisson Hotel, Congress Suite Board Meeting, Presoitatiofi, Breakfast Thursday, June 9. 7:30-9:00 a.m. Officers: Jill Shorba, President Kevin Batchelder, Vice President Tim Cruikshank, Secretary Gretchen Maglich, Treasurer MianesotB Asseciadon ef Gahle TelevisiMi Admiflistiaasn Radisson Hotel, State Suite Workshop. Breakfast Thursday, June 9, 7:30-8:43 a.m. Officers: Denny Kemp, President Jim Frodile, Vice President Brian Grogan, Secretary Tim Finnerty, Treasurer Otr lagiaMis Asseciadea ef Mian Radisson Hotel, Kellogg Suite Board, Business Meeting. Lunch Thursthgr, June 9. 10:00 a.m.-2:30 p.m Officers. Kenneth Larson, Presidant David Sonnenberg, Vice President Dale Swanson, Secretary-Treasurer I Miamli WMwalir OptnUoit AsMclatfoa Radisaon. Plymouth, Minnesott Board Maatinf. Lunch Friday, Juna 10, 11:00 am.*3:00 p.m. Officars: John Gray, President Dan Zar^binski, President Elect Karen Cummings, Vice President Chuck DeWolf. Secretary/Treasurer Steve Kleist, Past President MinaeaaCa Asaaeiatfaa Qty Attaiaeys Radisaon Hotel, Kellogg Suite Cash Bar, Lun^aon Business Meeting/Workshop Friday, June 10, 11:15 i.m.-4;00 p.m. Officars: Eileen Wells, President Jack Clinton, Vice Prendent 1 OlAer Meetings Minnesota Center far Women la Gavaninient Radisson Hotel, Congress Suita Workshop, Luncheon Tuesday, June 7, 12:00-3:00 p.m. Contact: Laura Savin, Hamline Univeristy, Graduate School Oty Canumniicalan Radisson Hotel, Wabasha Suite Workshop, Bre^ast Thursday. June 9, 7:00-3:30 a.m. Contact: Helen LaFave, City of Plymouth Cheryl Weiler, City of Golden Valley Jean Mehle Goad, League of Minnesota Cities TUG (Public Sector, Local Government Personnel Group) St Paul Civic Center, C-13 Business Meeting. Reception/Coffae Hiursdqr, June 9, 9:00-1 1:00 a.m. Contact: Nancy Gohman. City of Crystal Mctnpalitan Waste CaMral Cammitslan St Paul Civic Center, C II MWee Budget Meeting. Breakfast Thursday. Juna 9, 7:30-3:45 a.m. Contact: Pauline Langsdorf. MWCC Sarah Kline. MWCC LcagM of MliMMtt Cities League of Minnesota Cities Legisiative Review Sessions Four Legislative Review Sessiorts are scheduled for the week of May 23 in BemidJL St. Cloud. Mankato, and Burnsville. Briefing on which legislation passed, which didn't and some of the whys, will begin at 9:00 a.m., resume after lunch and conclude at 3:00 p.m. New enactments will effect many city decisions this year. City budgets, the ability of cities to stren^hen their local economies, and the ability of cities to improve service delivery are ail effected by these new laws. All city officials who have been or want to be involved in the policy adoption and implementation process of the League will be especially interested in this program. The new policy committees will focus on what the Legislature should do in the future to help cities, not on what they did or didn't do this session. Meeting locations: May 23 Bemidji Holiday Inn Highway 2 West May 24 St. Cloud Kelly Inn (formerly Sunwood Inn) Highway 23 B 4th Avenue South May 25 Mankato Best Western Garden Inn Highway 169 & Webster May 26 Burnsville Holiday Inn 1356 • I35W Exit County Road 42 off 1356 League of MInnMOta dtlee Legitlathfe Review Seaeloi i I wish to register for the following session: Bemidji____ St. Cloud____Mankato _Burnsville Name Title Address City Phone( ) Registration fee includes materials and lunch Advance Ofvsite S2S 130 Mail registrations to LMC Review Registration. 3490 Lexington Avenue North, St. PauL MN 55126 :> - — - - League of Minnesota Cities April 20. 1994 34S0 UdogtoB Anoni Hortfc 8tMMN55iaM(M4 (010490^ m •• . «(*• •• • fc W ^ ' - • ' f • ■' ,<:• -.V •••■-!?•.*' . -t.*, ^ « • . , * ..7;^ - '- * /r. V\ ^ ' TO: FROM: R£: Members of the League of Minnesota Cities Chuck Winkelman. LMC President SOUCITATION OF VOLUNTEERS TO SERVE ON THE LEAGUE OF MINNESOTA CITIES* INTERGOVERNMENTAL RELATIONS POUCY COMMITTEES Would you like to be part of the League's effort to revitalize its intergovenunental relations program? If so. volunteer now to serve for a two-year term on one of the League ’s Intergovemmmital Relations Policy Commit As a member you will be volunteering to; 1. 2. Attend the two or three principal meetings of your policy committee each year On July. August, and September); be eligible to serve on a task force of that policy committee (task forces will examine a specific mitiof city problem in detail and propose a variety of solutions which Congress and/or ibe L^islature could enact to help solve the problem); 3. attend the League ’s annual Legislative Conference on Novi 18 of 1994 and in 1995; and 4. help enact the policies and prbrities of your commit Session of Congress. The four reconfigured Intergovernmental Relations Policy C issues, and the issims th^ will likely consider are: during the 1995-96 State L^islidve Sessioo and • iMMl ittees which will deal with both state and federal IMPROVING LOCAL ECONOMIES Growdi Management and Land Use Boundary Adjustment Housing Transportation Economic Development and Redevelopment Teleoommunicatioos and Infcumation Systems ' -i t * •ROVING THE FISCAL FUTURE OF CITIES Financing City Government Financial Management of Cities IMPROVING CITY SERVICE Environmental Mandates Elections Ethia Open Meelinp and Data Privacy Government Iimovation and Coopermion PtflAOIMl Pensions IMPROVING GOMMUNTTO Lm ’ * Cultural Divenity Pr JVBRY f.jk”' - :»v'•• * * (- r - ft r ,. f t. f • *> • 4 K - ' Youth MdSeMor^Ser V<A JV r • v:-; -• ••'«v t ; f.,T ■ • r . y-^rv^ • ^ lid KMnuCioo ^ "V m.mmimm •: ■ • •. <■>■•■• . '^'t* - ^ I .*A,• « 1 would like to serve t two-year term on (use rating to indicate preference): Because of issues relating to the halance of larger/small'' elected/appointed, we may not be able to give you your i. ’o/Greater Minnesota, and ooice. □ IMPROVING LOCAL ECONOMIES □ IMPROVING Cmr SERVICE DELIVERY □ IMPROVING TBE FISCAL FUTURE OF CITIES □ IMPROVING COMMUNITY UFE Name: Title: Addraai: Cily/Zip: Home none: FAX: Work Phone: * 4 * t I -V . ^ ‘ • 4 I ' » * '1 ■■ , „ u.. • , ,y niiiB'ntiim this font li ' poHitkk MBOhlerttnJi y-' •x«aww3|£:u:B w tic • •»I •'I * "i# > iCMiii f f . -• -’V ^0,W • '1 ^ >i •1. • "-4. • • .’’■•'T- N r . * : ** >*'• j'-.. .%-, t ■* ■ V:,.; 1/ -» r NAif . I B rUl ^ League of Minnesota Cities 34W liniitt* Aimw ttalk •K } * j.}-. -iv V. . (6U)4SM600 • ^ ' ^ y.\ * ... - . ^ >jr % , V ■ {V*# <«-• 4. - , . f r t TO: - :vv. •. Memben of the Letpie of Minneiou Cities \,.t .. t •• FROM:Chuck Winklemaii, LMC President DATE;April 20. 1994 RE: SOLICITATION OF SUGGESTIONS FOR TOPICS TO BE STUDIED BY LMC’S INTERGOVERNMENTAL RELATIONS COMMITTEES. As pait of the League ’s renewed effort to revitalize its inteigovenunental relations activities I am encounging you w your city to send to the League by June 1 suggestkms for to|^. problems or issues, that the Lead's policy committees should consider in developing policies for the 199S-1996 sessions for the Legislature and Congress. All city officials can participate, either individually or by council resolution. At the business meeting of the League ’s Annual Conference in June the cities represented will determine which of the topics, issues and problems should receive the hi^i^ priority in prqMiing policies for the Legislature and Congress. I would like to receive as many suggestkms u possible. At the League ’s Annual Business Meeting at the Annual Conference, on Thursday June 7 at 3:45 p.m., aU suggestions wiU be presented to the membership. The member cities present will tbi» rale the importance of the problems/topics/issoes suggested. This rating will direct the League ’s Board of Directors in its allocatioo of fiscal resources and staff effort in the resolution of these proUems during the ‘ . 1995-1996 session of the Legislature uid CoQgreu. 'a V Please comf^ete the attached form and return it to us as soon as possible but no later than June 1. • «. ' •» - *** -» rc . '. * -I V - • ,%r *S .*0 . , .. H '* •: r ' ! : A ■ ...■ •»< .t *V.% «iU * ••• • . • « ■ 1*1 t U 4 T ' ' . ♦ ■ V • ‘i.' • * .i« ^ A .• r: - ^ RETURN TfflS FORM BY JUNE 1' ; * - . ’“•t-r '■<*• ■ V- • •*’,* ' ‘ ■•• >/‘> • * - ' , . '•. * V- ' , . . ::4. -Ir-;• •/ Form for suggestions of topics/problems/issues to be studied by the L^gue of Minnesota Cities’ Intergovernmental Relations Committees. ‘-•V^ i'r I/We belie\’e that in developing its policies for the 199S<1996 legislative and congressional sessions, these are some of the issues the League of Minnesota Cities Inteigovenunental Relations Committees should study: I/We uoderstand that all of the suggestkws from all city officials will be presented at die Annual Meeting d the League of Minnesota Cities in June of 1994 and that at the annual business meting on Thursday, June 9 at 3:45 p.m. the member cities present will rate the importance of all suggestions submitted. Submitted by 4 . .Title '-uy on my own behalf on behalf of the city council Return by June 1 to i , U.-. ^ Duke Addkks, Director of lotortovar tongue of Mliinarota CItlaa 3490 loaington Avenue North SC. Ftail, MN 55126 r 4i V . - • ,v »yvv-’ ' a 4 * •• • Wj-i t, t e • Mil .. M A HiiaCMH .• .♦ i..% ? . . • f - * * • * J i ./,• sf Ifr* W ..Vn» :K tv '' * • ■■ .Vtkto ■* ■nTnd^ "-^1 I ^ 3480Lni«taAf«n«N«t^ '-^-r^tmmmAmJLJ^mmmJ StF»ilfN561»«)44 League of Minnesota Cities (eiDflOW______ April 22. 1994 TO: FROM; SUBJ: Mayors. Managers and Clerks Chuck Winkelmtn, President. League of Minnesota Cities M^or. St Cloud Board of Directors Nominations The Nominating Committee of die League of Minnesota Cities requests your assistance in identifying qualified Board of Directors candidates. If you wish to place your name before the committee, please complete and return the enclosed nomination form and a brief resume of qualifications to; James F. Miller League of Minnesota Cities 3490 Lexington Avenue North St Paul. MN SSI26 Nominations must be received by June I. 1994. No nominations will be accqrted after June 1 or at the annual conference. The Nominating Committee will meet on Wednesdqr. June I. to interview candidates. All candidates %rill be cootteted to confirm his/her willingness to serve prior to the nomination process. Board positions which expire in June. 1994 are: Desyl Peterson, City Attorney. Minnetonka Todd Prafke, Quad Cities Administrator. Bricdyn. Delavan. Easton. Minnesota Lakes Betty Sindt, Councilmember, Lakeville John Young, Mqror, Ha%riey In addition to the four board seats, the offices of president, vice president and president are elected annually. id vice Enclosed is a copy of the ”LMC Nominating Committee Guidelines for 1994." which have been developed as a result of the recommendations from the Futures Committee. Also enclosed is a list of present board members md officers. If you have any questions concerning the League's Board of Directors or nomination process, please contact Jim Miller at 612-490-S600. WiiiiiliMMon Fowl - IMC BmwI oC Olwctow PLEASE BE AS DETAILED AS POSSIBLE. Nam«;Tttlt; Addratt;CKy/Zip: Home Phone: (_J,Wdfk Phone: (__). 1. 2. Length of aervice In your pre&ent position;^eart Other municipal poaition(t) you have held and the number of years. Previous League expertenoe (e.g. committees, oonfersnces. affiliate organizalions, etc.) Attendance record as oommittoe members; Can you complete a fUN tlwee-year term as a board mamber? Are you applying for Please select one; President 1st Vice President 2nd Vice President.Director Please attach other materfai which may be useful to the Nominatirtg Committee during their deliberBtiona. i.e.. your resume. please return this form by JUNE 1 TO: James F. Miller League of Mirmesota Cities 3490 Lexington Averuie North St. Paul. MN 5512S League of Minnesou Cities 1994 NOMINATING COMMITTEE GUIDELINES 3/94 The Board of Directors, at its meeting of March 25, 1994, has approved the foUowing guidelines for the Nominating Committee's consideration of for vacant Boid positions for 1994. The League is currenUy doing strategic planning which may result ii revised guildelines for 1995 and subsequent years. 1. 2. 3. 4. 5. 6. 7. Peculation. Board members should come from cities of differing populations so that interests unique to certain size communities may be represented. Geography. Nominations should generaUy be recommended to the membership taking into account the goal of balancing representation from Greater Minnesota and the Metropolitan area. For the 1994 election, preference shaU be given to candidates from Minneapolis and St. Paul, to the extent there are interested candidates from those cities and vacancies exist which would normally be filled by metro area officials. Gender. Every effort should be made to insure equal gender rq>resentation on the Board. Position. Elected officials should fill a majority of seau. Full time appointed officials from a vanety of positions (clerks, city managers, attorneys, etc.) should be represented on the Board. Term. Board members should serve only one term. A Board member who was appointed to fill one year or less of an unexpired term may be recommended for his or her own term. Current or past Board members are eligible for officer positions or to complete an unexpired Board term. Process. Prior to convening, the nominating committee chair, LMC President, and Executive Director will determine how much time will be allocated to each candidate for that year. This will be based on the number of applicants expressing interest at least one week pnor to the Nominating Committee meeting and will be conveyed to those individuals. Persons who have not notified the League of their candidacy by that d^Iine wifi not be considered. Candidates wifi be informed that their presentation will be confined to that time limit, but may be divided as the sees appropriate, including for seconding speeches. el^on, the Nominating Committee may, at its discretion, nominate two candidates for either or both Vice President positions. I LMC Board of Directors and Officers lanuary, 1994 - June, 1994 President: Chuck Winkelman, Mayor, St. Cloud Appointed by LMC Board of Directors: January, 1994 Term expires: June, 1994 (Appointed to fill vacancy created by resignation of Leland Swanson) First Vice President: Robert Benke, Mayor, New Brighton Appointed by LMC Board of Directors: January, 1994 Term expires: June, 1994 (Appointed to fill vacancy created by resignation of Bob Long) Second Vice President: Vacant (Vacancy created by appointment of Chuck Winkelman to President) Directors:Dcsyl Peterson, City Attorney, Minnetonka Elected by Membership: June, 1991 Term expires: June, 1994 Todd Prafke, CiQr Administrator, Bricelyn, Delavan, Easton and Minnesota Lake Elected by Membership: June, 1991 Term expires: June, 1994 Betty Sindt, Councilmember, Lakeville Oected by Membership: June, 1991 Term expires: June, 1994 John Young, Jr., Councilmember, Hawley Elected by Membership: June, 1991 Term expires: June, 1994 Patricia Pidcock, Councilmember, Eden Prairie Elected by Membership: June, 1992 Term expires: June, 1995 Joy Robb, Mayor, Robbinsdale Elected by membership: June, 1992 Term expires: June, 1995 Ex*officio seats: Yvonne Prettner, Council member, Duluth Appointed by LMC Board of Directors; January 1993 Term expires: June, 1995 (Appointed to fill vacancy created by resignation of Frank Salerno) Eric Sorensen, City Manager, Winona Elected by Membership: June, 1992 Term expires: June, 1995 Dan Elwood, Administrator, Spring Valley Elected by Membership: June, 1993 Term expires: June, 1996 Lyle Hanks, Mayor, St. Louis Park Elected by Membership; June, 1993 Term expires: June, 1996 Douglas Peterson, Mayor. Bemidji Elected by Membership: June, 1993 Term expires: June, 1996 Samantha Orduno, Manager, Mounds View Elected by Membership: June, 1993 Term expires: June, 1996 David Childs, Manager, Minnetonka Ifo-officio seat because of positon as AMM President Term expires: June, 1994 12/23/93 lU. Antumneing the— V > k / . I a-* ’ »• V -----* • • ** ' — . f * - ^vy* • • M- -• A . *• Springsted Scholarship The League qf Minnesota Cities Is announcing the Springsted Scholarship. At the 1993 League of Minnesota Cities annual corference, Springsted Inc. presented the League with a $2,000 grant for funding scholarships for local officials. This grant may be renewed on an annual basis. The program wOl provide opportunities for local government officials to get training that wUl help them In their positions. The League's Personnel Committee (a oommtttee rf board members) wUl review requests and approve distribution qf funds. The League qf Minnesota Cities will recognise the recipients at the 1994 annual cotference. t. .4 t- U«|BC of Miooctott Cilici League oJtHnneecHa Cttos S490 LatOigton Auenue North SL Paul UN 55126 Phone: (6l2i 490-5600 J-aOl SefcolarsMip criteria 9The appUeant must serve In either an elected or {appointed . positbjnas a League . ' Minnesota Cttl^ rneirber arii ... have no current plans for leaving that posttLon. • The appUcant would otherwise find it d^fftcuU or impossible to attend the training program, due to limited organization finds. • The program Is directly related to the local government official's current responsibilities and would clearly benqftt him or her in the performance of those duties. • The appUcant (s willing to submit a written report describing the benqfUs qf this activity which the League may pubUsh \f appropriate. Far tnorc lalSariaflaw For more irrformation contact League MUmesttta Cities Associate Executive Director Sharon KLunf^ at (61^ 490-5600. itppHcartaa tteilttal Serui letter qf cppUcallon inr^iding training dates, location, cmd cost to League Minnesota Cttles, 5490 Lexington Aucnue Mortfw St Paul, MN 55126, Attn. Sharon IQurnpp. Plectse sidNnlt letter rrf application at least one morrtti . InruSvanceofthetrrdnino program. ,4 * • • • :;r;. M'.. .1 r*v *■’ 2L i * • * .a i** v« I * ’ »• •*.' ( V;< If i • 4* •025-JI22 WD: 490-9036 POjc 0121400 r . A'. VPO: A#. . ' - ■ ■ } • .."V •‘'iT w. •' .■s’i i-m'^ '■ I •fv r. Minnesota Women Elected Officials and Women in City Government present From Whhewaier to Phooesaie, elected officials are under intense scniiiny by ibe media Hut aSea do these siHaOed “scandab" have on dtizefls’conBdence in govermneiH? Uni im this type of media covcnge have on the quality of die policy making process? »/ ■! Vi *. -. / ' -CV Tuesday, June 7,1994 / St. Paul Radisson Hotel ^ ^ Kellogg Boulevard Noon to 3 p.m. Luncheon Speaker • Noon to 1:30^ vMi Kathy O'Brica "Are Heporters Our Mends or Enemies?" Kathy O'Bfien is the city coordinator of Minneapolis. Her wealth of govemmern experience includes 8 years on the Minneapolis Qty Council. Most recently, she served as assistant to Universiiy of Minnesota PresidenI Ii8k Hasselmo O'Brien will share her experiise on how to work effectively with the press. Panel • 1 :30 to 3:00 Our roving o.nera operator asked people horn the IVvin Qdes and beyond how they think elected offidals are treated by the press. Alter viewing the video, a panel of elected officials and journalists will commenL Audience paftidpation is encouraged. Panelists; Jerry Blnlicy, Sl Paul City Council, Joni Hubmd. UdmiOeUfaund Times, Marta Oon^aa Bccvca, St. Paul Pioneer Press, and a state legislaua’. Moderator: laNcUcCMaoii, Northfield Qty Council Many thanks to the planning committee; Karen Aodemoa, Bobbi Mcgard, Betty Sladt, Us Witt Kcgistratioii Fomi Name__________ rosiiioo or office held Address Sttie Tdephone a I awnd die vorhaiop. but I hm aKkMcd S25 lo foiM Mtonaott Wama Qtewd MMtfto: Mmmmm CoMcr fcir 1536 lie—Awe 55104 for note infonniioa. ptwe caM (612) 64l<22a4. tWivnllj dia iM HAMLINE UNIVEtSITY GRADUATE /HI I ___________________________________________________________________________________________________________________________________________________________________________________-» ipnfHmtr. To; From: Date: Subject: Mayor and City Council Ron Moorse, City Administrator May 5, 1994 Minnesota City Management Association Annual Conference The Minnesota City Management Association (MCMA) Annual Conference is scheduled for Wednesday, May 13 to Friday, May 15. 1994. I have attached a Conference outline that highlights the topics and the presenters. Can wa remain non-politicai in a very political environment. Reinventing and re-engineering government calls for a new vision. In this “new environmenf the traditional rotes of elected officials and martagers/administrators are at best confusing and at worst impede the development of the govenwnental management required lor the comir>g century. Clearly new models and rules are neededi The 1994 MCMA Annual Conference will stimulate thought and dis­ cussion on tackling the policy-and-politics dilemma of lha 90 s. Breakout Sessions concentrate on the key skills of facilitating and risk taking as well as the manager's role in policy development. The conference ends with a dialogue between elected and appointed, political and professional officials with the goal of finding a 'common grourtd.* Join your colleagues on May 11-13 to re-examine this important issue in light ol changing realities. It's a great time to renew and have fellowship as well. We will see you there! Steve Perkins Co-ChairDave Loch Co-Chair Topic Highlights • The changing composition of the council and county board • Trends in the political environment - the mood of the people • How politics win change the manager's |0b • Facilitalive versus directive leadersTtip: manager as consensus builder, problem solver • Mow to make faciuutive leadership work - from changing the physical environment to building a supportive climate • Dealing with dHHcull people, difficult issues • Results of a study on the risk-laking propensity of Minnesota city man ­ agers - factors, opportunities, perceived irtternal artd external impedi ­ ments • The truth about Innovation - why It doesnl survive • Tacklirtg the real issues of reinventing government from “buy-in* to accountability . How to enhance the policy development process - identifying issues, ksapino issues non-adversarial. dairteaiing roles between elected and appomtad • A facilitated dtocussion between electad officials and managers about such common bamers as tun protection, micro management, single iasue poli^. hidden agendas, and shon-term thinking. IPtCIAL NOTE: All program sessions will be keyed to the new ICMA Competencies for Continuing EducationfProfessional Development. The 1094^ferance wM help get you startedl Details available at the event Featured Presenters SKILL SESSIONS James Kunde, Executive Director. Coalition to Improve Management in State and Local Government, Indianapolis. Has worked for thirty years as a cty manager, county adminis ­ trator, program director for a nationai foundation, instructor and scholar in public administration, director of innovation pro­ grams. Has developed artd facilitated over 100 problenvsolving programs in 20 states in the past five years. Paul Light, Professor, Humphrey Institute of Public Affairs, Minneapolis. Also serves as Director of the Humphrey Institute's Surviving Innovation project. Senior Fellow at the Washington-based Governance Institute, and Visiting Fellow at Brookings Institution. Author of seven books, and a regular commentator on public reform. Al Nohner, Director of News and Publications, Bemidji S.ate University. Recently completed his master's thesis on risk-tak­ ing in public management (in cooperation with the Minnesota CityAi^ounty Management Association), as well as related stud­ ies. James Svara, Director. Public Administration Program, North Carolina State University, Raleigh. Prolessor, trainer, researcher specializing in local government management and urban politics, with emphasis on the roles and relationships of mayors, counc'lmembers ?.nd administrators. Author of several forthcoming publications on Facilitative Leadership in Local Government. “FINDING COMMON GROUND’’ Larry Bakken, former Mayor, Golden Valley; Immediate Past President League of Minnesota Cities Gary Ooty, Mayor. Duluth; former County Commissioner, St. Louis County Bill Joynee, City Manager, Golden Valley Karl NoUenberger, Chief Administrative Officer. Ouhjth; former SL Louis County Administrator current Vice President. ICMA Steve Perkins, Council Administrator. Rod Wing Liz Witt, Deputy Clerk/Administrative Assistant. Eagan; former Councilmember, Mendota Heights County Commlseioner, To be announced Facilitator Barbara Reye, Director. Intergovernmental Relations, Ramsey County SPECIAL PRE-CONFERENCE Bill Baesett. City Manager. Mankato Conforonce Planning Commlttea _ * Ron Moorse, Orono City Administraior Dave Loch, Sherburne County Coortfnator (CoOtair) MIehael Robartaon. Isanti City Admmistratw ---------Porkkia. Red Wktg Counci Administrator (Co-Chair) Doug Schuin, Sandstone City Admimsiraior .tevw Oidow Crvstai City Manager Terry Schutlaiv Ramsey County Admmistraior rjtv amniniatmto Gena iinlih, Freeborn County Admmistfaior Nelana Johnson. Executive Oweclor. Government Training Service Dertfal Vogt, Brainerd City Adrmrwstraior Can we remain non*political in a very political environment? Reinventing arnl re-engineering government calls lor a new vision. In ttils *r)ew environmenr the traditioruil roles of elected officials and martagers/administrators are at best confusing and at worst impede the development of the governmental management required for the coming century. Clearly new models arwJ rules are needed! The 1994 MCMA Arwiual Conference will stimulate thought and dis­ cussion on tackling the policy-and-politics dilemma of the 90 s. Breakout Sessions concentrate on the key skills of facilitating and risk taking as well as the manager's role in policy development. The confererKe ends with a dialogue between elected artd appointed, political and professional officials with the goal of finding a ‘common ground.' Join your colleagues on May 11-13 to re-examine this important issue in light of changing realities. It's a great time to renew and have fellowship as well. We will see you there! Steve Perkins Co-Chair Dave Loch Co-Chair Topic Highlights • The changing composition of the council and county board • Trends in the political environment - the mood of ffie people • How politics wM change the manager's iob • Facilitative versus directive leadership; manager as consensus builder, problem solver • How to make facililative leadership work > from changing the physical environment to buUdirtg a supportive climate • Dealing with ditflcuii people, difficult issues • Results of a study on the rial taking propensity of Minnesota city man ­ agers - factors, opportunities, perceived iniemal and external impedi ­ ments • The truth about innovation > why it doesnl survive • Tackling the real issues of reinventing government from *buy-in* to accountability • How to enhance the policy developmeni process - identifying issues, keepirtg issues norvadversarial. deiirteatirtg roles between elected and appointed • A fe ckware** discussion between elected officials and managers about such common barriers as turf protection, micro management, single issue polilica. hiddan agendas, and short-term thinking. fPCCIAL NOTC: Al program sessions wtf be keyed to the rtew ICMA Cotmetendae for Corkinuing EducattorkProfessiortal OeveiopmenL The 1994 conference wil help get you startedt Details available at the event. Featured Presenters SKILL SESSIONS James Kunde, Executive Director, Coalition to Improve Management in State and Local Government, Indianapolis. Has worked for thirty years as a city manager, county adminis- trator, program director for a national foundation, instructor and scholar in public administration, director of innovation pro­ grams. Has developed and facilitated over 100 problem-sotving programs in 20 states in the past five years. Paul Light, Professor, Humphrey Institute of Public Affairs. Minneapolis. Also serves as Director of the Humphrey Institute's Surviving Innovation project. Senior Fellow a* the Washington-based Governance Institute, and Visiting Fellow at Brookings Institution. Author of seven books, and a regular commentator on public reform. Al Nohner, Director of News and Publications. Bemidji State University. Recently completed his master's thesis on risk-tak­ ing in public management (in cooperation with the Minnesota Ciiy/County Management Association), as well as related stud- James Svara, Director. Public Administration Program, North Carolina Slate University. Raleigh. Professor, trainer, researcher specializing in local government management and urban politics, with emphasis on the roles and relationships of mayors, councilmembers and administrators. Author of several forthcoming publications on Facilitative Leadership in Local Government. "FINDING COMMON GROUND" Larry Bakken, former Mayor. Golden Valley: Immediate Past President. League of Minnesota Cities Gary Doty, Mayor, Duluth; former County Commissioner. St. Louis County Bill Joynea, City Manager. Golden Valley Karl Nollenberger, Chief Administrative Officer, Duluth; former St Louis County Administrator, current Vice President. ICMA Stave Parkins, Courrcil AdminisUator. Red Wing Liz Witt, Deputy Clerk/Administrative Assistant. Eagan: former Cfouncilmember, MerKtota Heights County Commissioner, To be announced FaciMator Barbara Raya, Oirector.intergovemmentai Relations. Ramsey County SPECIAL PRE-CONFERENCE Bin Baaaett, City Manager. Mankato Conference Planning Committee Dave Loch, Sherburne County Coordinator (Co-Chak) Haven Parkina, Red Wing Council Adminiatiator (Co-Chair) jany OulBW. Crystal City Manager Ericagn. Watertown CNy Adminntrator Hefono Johneon, Executive Oirecior, Gov ernment Training Service Ron Mooraa, Ororw City Admmistraior Michaal Robartaon, laanb City Admimairaior Doug Schuiia, Sandaforro City Administrator Tarry tcbuBan, Ramsay County Adrrunistiaior OantafVegL Brainard City Admmistraior Can w« remain non-political in a very political environment? Reinventing and re-engineering government calls for a new vision. In this ”new environmenr the traditional roles of elected officials and martage. i/administrators are at best confusing and at worst impede the development of the governmental mariagement required for the coming century. Clearly new models and rules are need^l The 1994 MCMA Annual ConfererKe win stimulate thought and dis­ cussion on tackling the policy-and-politics dilemma of the 90’s. Breakout Sessions concentrate on the key skills of facilitatirtg and risk taking as welt as the manager's role in policy development. The conference ends with a dialogue between elected and appointed, political and professional officials with the goal of finding a ‘common ground.* Join your colleag...es on May 11-13 to re-examine this important issue in light of changing realities. It's a great time to renew and have fellowship as well. We will see you there! Steve Perkins Co-Chair Topic Highlights • The chartgirg composition of the council ar>d county board • Trernfs in the political environment - the mood of the people • How politics will change the manager's job • Faciliiative versus directive leadership; manager as consensus builder. proWem salver • How to make tacditalive leadership work - from changing the physical environment to building a supportive dimale • OeaNng with diificuil people, difficult issues • Results of a study on the risk-taliino propensity of Minnesota city man ­ agers • factors, opporturtities, perceived internal and external impedi ­ ments • The truth about Innovation - why H doesnl survive • Tackling the real issues of reinventing government from 1>uy-in‘ to aeoountability • How to enhance the policy developmeni process - identifying issues, keeping issues non-adversarial. delineating roles between elected and applied • A ladlitaied discussion between elected officials and managers about such common barriers as turf protection, micro management, single issue politics, hidden agertdas. and shon-term thinking. SPCCiAL NOTE: Al program sessions will be keyed to the new ICMA Competencies for Continuirtg Education/Prolessional Developmeni. The 1994 conference wia help get you startedl Details available et the event. Featured Presenters SKILL SESSIONS James Kunde, Executive Director, Coalition to Improve Management in State and Local Government. Indianapolis. Has worked for thirty years as a city manager, county aominis- trator, program director for a national foundation, instructor and scholar in public administration, director of innovation pro­ grams. Mas developed ar>d facilitated over 100 problem-solving orograms in 20 states in the past five years. Paul Light, Professor. Humphrey Institute of Public Affairs. Minneapolis Also serves as Director of the Humphrey Institute's Surviving Innovation project. Senior Fellow at the Washington-based Governance Institute, and Visiting Fellow at Brookings Institution. Author of seven books, and a regular commentator on public reform. Al Nohner, Director of News and Publications. Bemidji Slate University. Recently completed his master's thesis on risk-tak ­ ing in public management (in cooperation with the Minnesota City/County Management Association), as well as related stud­ ies. James Svara, Director, Public Administration Program. North Carolina State University, Raleigh. Professor, trainer, researcher specializing m local government management and urban politics, with emphasis on the roles artd relationships of mayors, councilmembers and administrators. Author of several forthcoming publications on Facilitative Leadership in Local Government. FINDING COMMON GROUND' Larry Bakken, former f ayor. Golden Valley: Immediate Past President. League of f *mnesota Cities Gary Doty, Mayor, Duluth; former County Commissioner. SL Louis County Bill Joynee, City Manager, Golden Valley Karl N^lenberger, Chief Administrative Officer, Duluth: former SL Louis County Admirkstralor current Vice President. ICMA Steve Perkins, CourwH Administrator. Red Wing Liz Witt, Deputy Clerk/Admmistraiive Assistant. Eagan: former Cotmcilmember. Mendota Heights County Commissioner, To be announced Facilitator: Barbara Raya, Director.lntergovemmentai Relations. Ramsey County SPECIAL PRE-CONFERENCE Bill Bassett. City Manager. Mankato I Conference Planning Committee Dave Loch, Sherburne County Coordinator (Co-Chair) meven Perkine, Red Wing Council Administrator (Co-Chak) Jerry Oulgar, Crysul City Manager Mfchaal Erfcaon, Watertown City Administraior Hslane Johnson, Executive Director. Government Training Servx:e Ron Moorse, Orono City Administrator Michael Robertaon, Isanti City Admmistralor Doug Schul». Sarxlstone City Administrator Terry Schutten, Ramsey County Administrator Oerte Smith, Freeborn County AdrTwvstralor Daniel Vogt, Bramerd City Admirvstrator I Can wa remain non-poiitical in a very political environment? Reinventirig arxl re*engineering government calls for a new vision. In this "new envitonmenf the traditional roles of elected officials and managers/administrators are at best confusing and at worst impede the development of the governmental management required for the coming century. Ctearfy new modeto artd rules are neededi The 1994 MCMA Annual Conferer>ce will stimulate thought and dis­ cussion on tackling the policy-and-politlcs dilemma of tfw 90's. Breakout Sessions concentrate on the key skills of facilitating and risk taking as well as the manager ’s role in policy development. The conference ends with a dialogue between elected and appointed, political and professional officials with the goal of finding a ‘common ground.* Join your colleagues on May 11-13 to re-examine this important issue in light of changing realities. It’s a great tirrie to renew and have fellowship as well. We will see you there! Steve Perkins Co-Chair Dave Loch Co-Chair Topic Highlights • The changirtg composition of the council and county board • Trends In the political environment - the mood of the people • How polilics win chance the manager ’s (oh • FaciWative versus directive leadership: manager as consensus builder, problem solve. • How 10 make fadlitative leadership work - from changing the physical environnyint to building a supportive climate • Dealing trilh difficult people, dimcult issues • Results cf a study on the risk-taking propensity of Minnesota city man ­ agers - factors, opportunities, perceived internal and external impedi ­ ments • The truth about Inrrovatlon - why it doesnl survive • Tackling he real issues of reinventing government from *buy-in* to accouniebility • How to enhance the policy developmeni process - identifying issues, keeping issues non-adversarial. de Mrrea tlng roles between eiectad and applied • A facilitated discussion between elected officials and managers about such common barriers as turf protection, micro management, single issue politics, hidden agendas, artd short-term thinking. fPfCIAL NOTE: Al program sessions wM be keyed to the new ICMA Conyetendes for Continuing Education/Professional Oevelopmant. The t994 conferertre wH help get you stattodi OetaiU available at the event. Featured Presenters SKILL SESSIONS Jamas Kunda, Executive Director, Coalition to Improve Management in State and Local GovemmanL Indianapolis. Has worked lor thirty years as a city manager, county adminis­ trator, program director for a nationa! foundation, instructor and scholar in public administration, director of innovation pro­ grams. Has developed and facilitated over 100 problem-soiving programs in 20 stales in the past five years. Paul Light, Professor. Humphrey Institute of Public Affairs. Minneapolis. Also serves as Director of the Humphrey Institute's Surviving Innovation project. Senior Fellow at the Washington-based Governance institute, and Visiting Fellow at Brookings Institution. Author of sever, oooks, and a regular commentator on public reform. Al Nohner, Director of News and Publications. Bemidji Star? University. Recently completed his master's thesis on risk-tak­ ing in public management (in cooperation with the Minnesota City/County Management Association), as well as related stud- James Svara, Director. Public Administration Program. North Carolina State University. Raleigh. Professor, trainer, researcher specializing in local government management and urban potibcs, with emphasis on the roles and relationships of mayors, councilmembers and administrators. Author of several forthcoming publications on Facilitative Leadership in Local Government. "FINDING COMMON GROUNO” Larry Bakken, former Mayor, Golden Valley: immediate Past President. League of Minnesota Cities Gary Doty, Mayor, Duluth; former County Commissioner. St. Louis County BUI Joynea, City Managar. Golden Vallay Kart Nolianbargar, Chief Administrativa Officer. Duluth; former SI Louis County Administrator current Vice President ICMA Steve Perkins, Council Administrator. Red Wing LU Win. Deputy Clerk/Administrafive Assistant. Eagan; former Councilmambar. Mendota Heights County Commissioner, To be announced FaciUUtor: Barbara Raya, Director. Intergovernmanui Relations. Ramsey County SPECIAL PRE-CONFERENCE Bin Bassan. City Manager. Mankato Conference Planning Committee Oave Lech, Sharbuma County Coonflnaior (Co-Chair) Haven Pertdne. Rad Wing Cound Adminia tia tor (Co-Chair) Mala na Jolwiaon, Exacuftve Okecior. Oovammant Training Sarvica Ron Moorsa, Orono City Administrator MichisI Robiwtaon, Isanti City Administrator Doug Schuua, Sandstone City Administrator Tarry Schutlan, Ramsay County Administrator Gena Smith. Fieabom County Admm«trafor OanM Vogt, Brainard City Adnvmstrator Can wa remain non*political in a very political environment? Reinventing and re-engineering government caNs *or a new vision. In thia "new enviionmenr the traditional roles of elected offidrts and marMgera/administralors are at beet confusing and at worst impede the developmen t of the governmental management required for the coming century. Cteariy new models and rules are needed! The 1994 MCMA Annual Conference will ^mutate thought and dis­ cussion on tackling the poHcy-and-politics dilemma of the 90 ^ Breakout Sessions cotKentrate on the key skills of facilitating and risk taking as well as the manager's role in policy development The conference ends with a dialogue between elect^ and appointed, political arvj professional officials with the goal of finding a “common ground.* Join your colleagues on May 11-13 to re-examine this important issue in light of changing realities. It’s a great time to renew and have fellowship as well. We will see you there! tU^\ Dave Loch Steve Perkins Co-Chair Co-Chair • The changing composition of me council and county board • Trends in the political environment - the mood of the people • How politics wiH change the .'^enager's job • FaciUtative versus directive leadership; manager as consensus builder, problem solver • How to make tacWtative leadership work - from changing the physical environment to building a supportive climate • Dealing with dilficutt people, difficull issues • Results of a study on the risk-taking propensity of Minnesota city man ­ agers - factors, opportunities, perceived internal and external impedi- ntenis • The mjth about innovation - why it doesn't sunrive • Tackling the real issues of reirwenling government from “buy-in* to accountabilily • How to enhance the policy development process - identifying issues, keeping issues non-adversarial, deanealing roles between elected and appointed • A faciiitated discussion between elected ofltoials and managers about such common barriers as turf protection, micro management, single taue politics, hidden agendas, and short-tenn thinking. SKCIAL NOTE: AH program sessions wiH be keyed to the new ICMA Contoelencies for Continuing Education/Professiorial Oevelopmei-il. The 1994 conference wM help get you staiiedi Details available at the event Featured Presenters SKILL SESSIONS James Kunde, Executive Director, Coalition to Improve Martagement In State and Local Government, Indianapolis. Has worked for thirty years as a city manager, county adminis- tiator, program director for a national foundation, instiuetor and scholar in public administration, director of innovation pro­ grams. Has developed and facilitated over 100 problem-solving programs in 20 states in the past five years. Paul Light, Professor. Humphrey Institute of Public Affairs. Minneapolis. Also serves as Director of the Humphrey Institute's Surv'iving Innovation project, Senior Fellow at the Washington-based Governance Institute, and Visiting Fellow at Brookings Institution. Author of seven books, and a regular commentator on public reform. Al Nohner, Director of News and Publications, Bemidji State University. Recently completed his master's thesis on risk-tak­ ing in public management (in cooperation with the Minnesota City/County Management Association), as well as related stud- Jamee Svsra, Director. Public Administration Program, North Carolina State University. Raleigh. Professor, trainer, researcher specializing in local government management and urban ^ ilitics with emphasis on the roles and relationships of mayor* ; .-••j''r-;;nembors and administrators. Author of several ior.rcu.'..''‘'j (publications on Facilitative Leadership in Local Government. “FINDING COMMON GROUND ’ Larry Bakken, former Mayor. Golden Valley: Immediate Past President, League of Minnesota Cities Gary Doty, Mayor, Duluth; forrrier County Commissioner, St. Louis County Bill Joynes, City Manager. Golden Valley Karl Nollenber^. Chief Administrative Officer. Oukith; former SL Louis County Administrator; current Vice Preairtont, ICMA Steve Perkina. Council Administrator. Red Wing Liz Witt, Deputy Clerk/Administrative Assistant. Eagan; former CourKilmember. Mendota Heights County Commissloi^er, To be announced Facilitator: Barbara Raye, Director. Intergovernmental Relations, Ramsey County SPECIAL PRE-CONFERENCE Bill Bassett, City Manager. Mankato Conference Planning Committee Dave Loch, Sherburne County Coordinator (Co-Chair) Slawon Parkins, Red Wng Counci Administralor (CoChair) Jerry Ouigar, Crystal City Manager IMcheal Ericaon, Waiaitown City Adminisliator I Is lane Johneon. Executive Director, Government Training Service Ron Moorse, Orono City Administrator Michael Robertson, Isanti City Administrator Doug Schulze, Sandstone City Administrator Tarry Schultan, Ramsey County Administrator Gene Smith, Freeborn County Administrator DanM VegL Bramc d City Administrator TO: FROM: DATE: Mayor and City Council Ron Moorsc, City Administrator May 5, 15194 SUBJECT: Selection of Firm to Provide Civil Legal Services The*dty received proposals from eight (8) legal firms for civil legal seivices. After ai^ysis of the proposals, three firms were invited for interviews. These were; Popham Haik. Best and Flanagan, and Campbell, Knutson, Scott and Fuchs. The selection of the city attorney is made by the Council. To assist the Council ^ith^this decision, staff has provided an evaluation of the three firms, and a recommendation based on the evaluation. Evaluation of Firms Evaluation Criteria a. Approach and commitment to municipal law. 1. ) Depth of experience in municipal law 2. ) Time spent by lead attorney on municipal law b. Breadth of experience - Expertise in other areas of law that could be of benefit to the City. c. Highway 12 EIS support and litigation. A. Approach and commitment to municipal law 1. Popham Haik a i «i Popham Haik is proposing a group of approximately 10 attorneys to provide legal services in various areas of law that pertain to cities. In contrast to the other two firms, the proposed lead attorney does not work extensively with other cities. He spemb approximately 10% of his time on municipal matters. This is a different approach from the other two firms, whose lead attorneys spend a majority of their time on municipal work, and serve all of the firms’ municipal clients. 2.Best and Flanagan r „ There are eight (8) attorneys who work in the municipal law area. Two of tne« spend 60-70% of their time on municipal work. These art the two who wouW be providing services to Orono as well as to Golden Valley, Plymouth aiw Wayzau. Mr. Kaminski, who would be the lead attorney, spends 60% of his time on municipal matters and has ten years of municipal experience. Mr. Bernard, who would support Mr. Kaminski, has 23 years of municipal cxpenencc and spends 60-70% of his time on municipal work. 3. Campbell, Knutson, Scott and Fuchs Campbell, Knutson has five attorneys who work in the municipal law area, two of which spend 80-100% of their time on municipal work. Elliott Knetsch has nine years of municipal experience and spends 80% of his time on municipal work. Roger Knutson has 20 years of municipal experience and spends 100% of his time on municipal work. Mr. Knutson is also the lead attorney for Burnsville, Lakeville and Chanhassen. Campbell, Knutson is a firm that specializes in municipal law. Fifty percent of their billings are municipal. B. Breadth of experience 1. Popham Haik. Popham i’aik, as a large full-ser\ ice firm, has a wide range of expertise in a large number of areas available to the city. 2. Best and Flanagan. Best and Flanagan, as a medium sized ftill-s'^rvice firm, also has a wide range of expertise in a number of areas. 3. Campbell Knutson is a small fum with a municipal specialization. They also specialize in litigation and corporate law. Campbell Knutson does not have the breadth of experience in renns of specialists in various areas of law as do Popham Haik and Best and Flanagan. However, the two attorneys who will be providing legal services to Orono have worked full-time or nearly full-time for cities for 10 and 20 years respectively which has exposed them to a very wide range of issues. This experience has provided the firm and the specific attorneys with both a greater depth and breadth of experience in issues faced or potentially to be faced by cities. Campbell Knutson has indicated that through their years of experience they have developed a strong network of contacts in other firms which they can tap for assistance on issues that require special expertise. If an issue does arise for which the city decides to obtain separate counsel, Campbell Knutson is in a good position to assist the city in selecting the best firm. C. Highway 12 suppon and litigation. 1. Popham Haik. Popham Haik has the expertise in litigation and environmental law to represent the city well in a legal action regarding Highway 12. Their government relations department could also be helpful in relation to the political side of the issue. 2.Best and Flanagan. Best and Flanagan has experience with the Highway 12 issue as part of their representation of Golden Valley. The City of Golden Valley was initially in opposition to the 394 project. Mr. Bernard wrote the initial complaint in preparation for a suit related to 394. The suit was based on environmentol impact and urban sprawl. The City of Golden Valley then made the policy decision to work with MnDOT to influence the design rather than fighting the project in court. Golden Valley then set up citizen groups to provide input to the design of the roadway. This experience would serve Best and Flanagan well in providing support to the city in terms of assistance in the HS process and potential litigation. 3. Campbell Knutson. Mr. Knutson, who has provided legal services to the City of Burnsville for the past 20 years, has worked extensively with Chuck Sigemid who was the public works director in Burnsville during that time and now is the MnDOT distrjct engineer in charge of the Highway 12 project. Campbell Knutson also has strong contacts with the Metropolitan Council and the Board of Water and Soil Resouiees. both of which could potentially play key roles in the Highway 12 issue These would enable Campbell Knutson to provide excellent support and assistance to the city during the EIS process. Staff has discussed with Mr. Knutson the firm’s capabilities in terms of major litigation regarding ^ Highway 12 issue. He indicated his firm has experience in this type of litigation, and would have no problem handling a major litigation. Bas^ on die ^luation of the firms outlined above, it is suffs recommendation that the firm of Campbell Knutson Scott and Fuchs be selected to provide civil legal services based on their commitment and approach to municipal law and the level of experience of the specific attorwys who would be providing the legal services to Orono. Suff believes that an attomy and a fim whose practice is concentrated in the area of municipal law will be able to provide legal advice and assistance on a day-to-day basis most effectively. TO:Mayor and City Council FROM:Ron Moorse, City Administrator DATE:May 5, 1994 SUBJECT: CouncU Update See attachments. TO: Mayor and City Council FROM: Ron Moorse» City Administrator DATE: May 6. 1994 SUBJECT: Highway 12 Commercial Development Proposals I have talked with several developers about commercial development on the north side of Highway 12. Each one has proposed retail development. The proposals have generally been for a large anchor, such as a grocery store, with a strip shopping center attached or adjacent. Although no specific names were discussed, the grocery store would be something like either a Festival Foods or a Byerly’s. 1 suggested to the developers that the city may prefer to have an office type of development rather than retail. The developers indicated that perhaps a bank building with drive-up facilities and other office on the second story may work, but the office market is generally very flat and the demand for office space in this area will be very low for a number of years. At one time several years ago, there was a bank proposal for this area. Also Burnett Realty was looking to build office space. Burnett has recently moved into the Town Center in downtown Long Lake. Elascd on the discussions with the developers, I need to know what the Councilmembers’ positions are regarding the type of development to be encouraged on Highway 12. The disadvantage of retail is that it draws a lot of traffic and would dramatically change the traffic at Willow and 12, and at Old Crystal Bay Road and 12 once the frontage road was developed. Office-type development is generally preferred because it does not generate the level of traffic generated by retail. If the city were to decide to hold out for office development we may be waiting for a long time and, in fact, it could be 10 to 15 years before the area would be fully developed with office development. TO: FROM: DATE: Mayor and City Council Ron Moorsc, City Administrator May 6, 1994 SUBJECT: Old Crystal Bay Road Bike/Hike Trail Update Staff has met with Mrs. Hile to review concerns reg^ding the trail. Although the general concern relates to their opposition to the trail, the specific concerns relate to the loss of trees. The Hiles have indicated they want additional landscaping. It may be possible to address their concerns regarding landscaping by providing additional landscaping in exchange for the Hiles’ granting the easements needed for the trail. This would save the easement cost and potential legal costs. These savings could be used to purchase the additional landscaping. The city engineer has developed a set of costs for the additional landscaping. The additional cost is approximately $6,500. These costs are less than the cost of the amount of landscaping requested by the Hiles. Before staff meets again with the Hiles, and then with the Brandenburgs who have similar concerns, it is important to determine the Council ’s thoughts on the landscaping issue. This could be discussed as part of an upcoming work session. TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator May 6, 1994 M SUBJECT: Recycling Costs I have attached a letter from the West Hennepin Recycling Commission regarding crubside recycling and estimated recycling costs and revenues for 1995. The letter indicates that the grant currently received from Hennepin County to assist the city in funding curbside recycling will be reduced from approximately $47,000 in 1994 to $14,000 in 1995. This would increase the city's cost by approximately $33,000. The recycling coordinator is requesting the city to approve the 1995-1997 curbside recycling contract by May 31. Before the city approves the contract it is important that the funding of the contract costs be discussed. It is also importam to contact the County to express the city's concerns with the dramatic proposed decrease in the County ’s grant. Staff will contact the County regarding this reduction. WEST HENNEPIN RECYCLING COMMISSION GreenfieW-Independefice-Long Lake-Loretto-A4apl6 Plain-Medina-Ofono 65 Stubbs Bay Road Maple Plain, MN 55359 476^12 5 May 1994 received may 6 1994 envoFORONo To: Mayor and City Council City of Orono REPLY REQUESTED Curbside recycling pick-up contracts with E-Z Recycling expire on December 31« 1994. On March 24, 1994 The West Hennepin Recycling Commission (WHRC) met with E-Z Recycling (E-Z) to evaluate how our program is going and to discuss options for 1995 and beyond. Without question, E-Z is performing extraordinarily well. Complaints are few and when there are problems E-Z deals with them in a professional and efficient manner. As evidence of this, the WHRC conducted a phone survey in January and February, 1994. Of the 103 residents polled, pQt OHfl was dissatisfied with the service. E-Z has agreed to include phone books, nixed paper (junk nail), and non-hazardous content aerosol cans to our curbside program beginning in 1995. E-Z proposes a modest 3% increase in their curbside collection contract with the City of Orono beginning in January 1995. E-Z will commit to a three-year contract. I have included a separate enclosure which summarizes the estimated financial impact on the City of Orono. In order for me to effectively proceed with advance education of our residents, especially as it pertains to aerosol cans, and to confirm E-Z as our curbside vendor for 1995-97, thus insuring phone Ijooks, mixed paper and aerosol cans are added to our curbside program beginning in 1995, I am requesting: -OVER- Fundtd by 9VHMT with 90% funding by Hmnrpm County Pnntari on Recyckd Hq»er • The nunber of households Orono currently reports for residential property tax records; and • your approval of a 1995~97 contract extension with E-Z for not Bore than a three-year period in the aiiount of $65,075 a year. I would be pleased to receive your resolution by May 31, 1994. since we do know thav recycling grant noney from Hennepin County will be dramatically decreased beginning in 1995 (although a final formula has yet to be devised, the County has given guidance in order to Qletesiilfie^ifn estimated entitlement amount), having a guarantee that three new items will be added to the curbside recycling collection progreun should certainly take some of the bite out of anticipated citiaen dissatisfaction with yet another increase in fees. For your information, I enclose the March 1994 WHRC tonnage and participation report, and a copy of the residential recycling survey report. Very truly yours, Amelia Kroeger v/ Recycling Coordinator enclosures - 3 cc: NHRC Commissioner - John Gerhardson Sumaaxy of Estinated Financial Inpact Curbside Recycling Prograe - City of Orono Beginning January 1995 Prepared 5 May 1994 1992-94 yearly curbside contract with E-Z Recycling - $63,180 * * * • * Proposed 1995-97 yearly contract aiiount Plus special WHRC contribution/year ♦ Less estimated Hennepin County 1995 entitlement ♦♦ $65,075 2.134 $67,209 14p372 Estimated 1995 curbside recycling cost $52,837 ♦♦♦ ♦ fiHRC's budget will not increase, llierefore, this amount is firm. 44 The formula for determining entitlements to cities will be based on each city's residential households as it compares to the total households in Hennepin County. For this estimate your 1994 household figure of 2,700 was used. 444 Cost per household/per year (using 2,700 households) ■ $19.57 mm Survey Results, Compiled from phone caUs December 29, 1993 to March 7. 1994 103 callers were questioned when they cal *.ed WHRC representing Greenfield (7), Independence (18), Long Lci)ce (23), Loretto (1), Maple Plain (15), Medina (13), r .d Orono (25). This survey, therefore, would be 100% slanted toward people who are already recycling. It should also be noted that phone books only became a big item after 1994/95 phone books were delivered. It * ft * Quality of Service y-.;ery caller was pleased with curbside recycling program and felt "chat the service was good. Some specific comments included no complaints, satisfied, very good, excellent and wonderful. Six callers expressed displeasure that recyclables had to be set outi too early in the morning, three callers thought recyclabl^^s were picked up too late in the day (these were all from Long Lake and Orono), and two callers mentioned plastics becoming roadside litter. Eleven callers made a point of saying how much better service was now than when it first started. Recriests for Items to be Added.—if it beCQUCS fgftgiblfi It should be noted that many callers had more than one item to add. 81 Mixed paper. Junk mail 35 Phone books 9 Box board 37 More plastics 11 Didn't know 19 Other - see below other Items Car batteries (3); Anything that can be added (3); Motor oil (2); Sears/Penney's catalogues (2); and Hazardous Wastes, yard waste, small appliances, major appliances, coat hangers, scrap metals, carpet, window glass, and polystyrene (1 each). on rooyclod PRINTED 19-Apr-M WEST HENNEPIN RECYCUNG COMMISSION W.H J1.C. MEMBER CITY PARTICIPATION REPORT CUMULAnVEYEARTODATETHROUQH=»->Marah 1M4 CITY TOTAL HOMES najo MDEPBI-tOIIQ MRPIE OBICf lAME LORETTO PIAM MBHMA ORONO TOTAL AVERMX # RECYCUNG MARCH APfW. MAY JULY AUaUBf OCTCMBI W.H.R.C. MEMBER CfTY PARTICIPATION CUMULATIVE YT.D. THROUGH* - > March 1994 •0 00% ?ooo% •0 00% 50.00% 40 00% 90 00% 20 00% 10 00% 000% S3S!: :<5 § ills •'AW'.i £: :S 3 ! ! is:::: Wi'M ORQNO 207 3701 m 96 27B !_______^1348 3348 484 271 40^295 100 266 1 810 1338 3301 44ei 273 S»353 106 306 988 1393 3.487 L ~ J*g*l t 0 i________0,----------1I-----------\0 0 11 \j i 1 1 0 Oj 1 0 0 11 11 0 0 \0 oi---------------------1 0 0 0 0 1 0 0 rro 4M 318 too 7m 1r 1 13M 0 478 81.»Q»46,47%80.48%ro.42%1 88.08%89.84%48.11%0.00%81.84% PRINTED 19-Apr-»4 WEST HENNEPIN RECYCUNQ COMMISSION W.H.R.C. MEMBER CITY ABATEMENT REPORT CUMULATIVE YEAR TO DATE THROUGH ■ - > March 1994 CURBSIDE'1.'t:‘ CITY 1 EST. TOTAL WASTE TONNAGE 1994 ACTUAL TONS RECYCLED THIS MO. ( i ACTUAL TONS | RECYCLED YTD' CURBSIDE YTD ABATEMENT (ia« VANDATCDI | GREENFIELD 1 1 ! 562.000 1494C 34 015 23.38% i INDEPENDENCE *1.133.000 22.231 1 1 84.531 22.78%; LONG LAKE 867.00^12.310 34 840'15.82%: LORETTO 182.000|7.293 16.578 40.93% i MAPLE PLAIN 805.000 13.530 37 480 18.62%. MEDINA 1.243.000 33.061 73.300 2359* ORONO 3,257.000 i «1 220 8UB-TOTAUB—CUflBSlOe o.oosooot 108.183 190 145 23.35% 490.667 DROP-OFFS / CLEAN-UPS EVENTS ]V:,. . . . 1 ‘v... , . V . r[r r GREENFIELD CLEAN-UPS INDEPENDENCE CLEAN-UPS . ..-y- .7vs*— . ^ - • .* >» LONG LAKE CLEAN-UPS LORETTO CLEAN-UPS MAPLE PLAIN CLEAN-UPS MEDINA CLEAN-UPS ^ . -/*- *5- '.V ORONO CLEAN-UF QOODWILL/RE CYCLE DAYS THE CAN MAN OTHER (INCLUDES PERSHTSI SUB-TOTAtS —imOPSITES ACTUAL TONSi RECYCLED ACTUAL TONS ' THIS MO.RECYCLED YTD i 0.000 0 000‘ 0.000 0.000! 0.000 0.000 0.000 0.000 0.000 0.000 8.006 10.231 10.2SB GRAND TOTAL ALL ABATEMENT 1904 EST WASTE 8.069.000 183.422 0.000 10.231 8.006' •^--•••^^■^••^is.289. ABATEMENT j %YTD 468.926 23.25% YTD W.H.RC. ABATEMENT PERCENTAGE BY CITY (CURBSIDE & CLEAN-UP) AS OF March 1994 Ai fs< 1S4 14 04 1 1 1 — - I il rr-. ; . 2^ i TO: FROM: DATE: Mayor and City Administrator /•.on Moorsc, City Administrator May 6, 1994 SUBJECT: Settlement Offer Regarding Landfill Clean Up The owners of properties that are or once were used as sanitary landfills, and which now are requiring multi-million dollar clean up efforts, have begun to make claims against cities whose refuse has at some point in time been taken to that facility. The claims are for what is supposed to be the city ’s share of the clean up costs. I have attached the first such settlement offer. The city attorney is reviewing this offer to determine what the city ’s potential liability is, if any. DICKINSON, WRIGHT. HOON. VAN DUSCN S FREEMAN COUNSELLORS AT LAW ONE DETROIT CENTER 500 WOODWARD AVENUE - SUITE AOOO DETROIT, MICHIGAN A8226-3A25 TCLK^h QNC 223 3SOO rACSiMiLC 013) 223 3598 • COOMriCLO HfCI.9. MICHIGAN CANSINC. MICHIGAN GAANO 8ANIOS. MICHIGAN WASHINGTON. O C. CHICAGO. ILLINOIS WARSAW. POLAND April 22, 1994 City of Orono City Hall 1335 S. Brown Road Orono, MN 55323 received APR 2 8 1994 CITY OF ORONO Re: Waste Disposal Engineering (WDE) Site, Andover, MN Cost-Recovery Litigation - Offer of Settlement Dear Sir/Madam: The Waste Disposal Engineering (WDE) Group is comprised of various companies which are taking the lead in implementing and funding cleanup of the WDE landfill located in Andover, Minnesota. We have confirmed that waste generated by your company was disposed of at the WDE landfill, and consequently, your company is liable for part of the cleanup costs. This letter will serve as notice that the WDE PRP Group intends to pursue your company for recovery of the costs associated with cleaning up the landfill. Certain members of the WDE PRP Group have elected not to pursue their claims against your company. They have assigned their claims to the Group and consequently will not share in any recovered proceeds. The claims assigned by these group members will be fully and finally resolved as a result of a settlement with the Group. As explained in greater detail below, your company's share of liability for the cleanup of the WDE site is $15,000.00. In order to avoid the costs of litigation, the Group has authorized us to make a one-time settlement offer to your company in the amount of $12,000.00. This offer will only remain open until Monday, May 23, 1994, after which the Group will insist on full payment of your share, together with all other amounts which are recoverable under law. The early settlement offer is intended to promote prompt settlement. city of Orono Page Two April 22, 1994 OICKtNSON. WRIGHT. MOON. VAN OUSEN & rRECMAN You should consider the following information in deciding whether it is in your company's interest to settle with the WDE Group. I. The WDE Site. The WDE Site is located in Andover, Anoka County, Minnesota in the southeast quadrant of the intersection of County Road 16 and Crosstown Boulevard. Landfilling operations were conducted at the Site from the 1960s to around 1984. Industrial, commercial and residential waste were all accepted for disposal at the Site. In September of 1983, U.s. EPA placed the WDE site on the National Priorities List, a list of sites representing the most serious threat to human health and the environment. Members of the WDE Group then funded a remedial investigation of the Site under a Consent order entered into with the Minnesota Pollution Control Agency (MPCA). This investigation revealed the presence of hazardous substances at the Site including several volatile organic compounds (VOCs) such as methylene chloride, 1,1,2> dichloroethylene, l,l,l>trichloroethane, tetrahydrofuran, methyl ethyl ketone, benzene, xylene, vinyl chloride and 1,1,2- trichloroethylene. Several other hazardous substances such as semi-VOCs, including polynuclear aromatic hydrocarbons (PAHs), and thirty-two (32) heavy metals were also found in the soil and groundwater. The presence of these hazardous substances is consistent with the use of the Site as a mixed industrial, commercial and municipal landfill, and resulted from receiving waste generated from a variety of sources, including manufacturing, construction and demolition, printing, dry cleaning, automotive repairs, oil re-refining, and solid waste containing hazardous substances. In December, 1987 U.S. EPA issued a Record of Decision (ROD) setting forth the cleanup actions required for the Site, including construction of a landfill cap, and groundwater extraction/treatment system. The WDE Group is currently fronting the costs of implementing the ROD remedy. Documents containing detailed information regarding the operation and use of tho Site, the contamination which is present, and the remedy which is being implemented to clean up the contamination are available to the public for review at the following location: Anoka County Community Health and Environmental Services Anoka County Government Center Room 360 2100 Third Avenue Anoka, Minnesota 55304 city of Orono Page Three April 22, 1994 OlCtUNSON. WRIGHT. MOON. VAN OUSEN ft FREEMAN Aa an alternative, the Group hae prepared a packet of selected documents summarizing this information. This packet consists of Agency background information, U.S. EPA's Record of Decision, the Consent Decrees with the MPCA and U.S. EPA, and U.S. EPA's Unilateral Administrative order. This package may be purchased from us for a cost of $18.20 (our reproduction and postage costs). II. Costs of the Cleanup. The total cleanup cost which the Group seeks to recover is approximately $24,210,000. These costs are identified in Exhibit 1 to this letter and are briefly summarized below. Remedial Investigation/Feasibility Study (RI/FS) costs relate to a study performed at Group expense in the mid-1980s. This study served as the basis for U.S. EPA's ultimate ROD relating to the appropriate cleanup activities at the Site. Remedial Design/Remedial Action (RD/RA) costs relate to the actual remedial activities at the Site. In addition, past and future operation and maintenance costs relating to on-going remedial activities are separately itemized. Access costs refer to amounts paid to third-parties for access to the site to implement remedial measures. Administrative costs include such things as fees and expenses incurred in negotiating with U.S. EPA, MPCA and others over the appropriate nature*, scope, and extent of remedial activities, and funding of those activities. It also includes financial management, accounting fees and other costs necessary to implement remediation. U.S. EPA incurred various costs relating to the site investigation and cleanup effort. Subsequently, U.S. EPA asserted a claim against members of the Group to recover those costs as well as future administrative costs. Thereafter, members of the Group entered into a Consent Decree with U.S. EPA by which the Group has paid $555,135 in past costs and is obligated to pay approximately $1,257,846 in future costs to U.S. EPA. III. Basis For Your Company's Liability. A. Discovery of New Information. In early 1993, the Group gained access to previously unavailable documents which present a comprenensive picture of the parties who contributed waste to the WDE Site. These city of Orono Page Four April 22, 1994 OICKIN SOM. WRIGHT, MOON. VAN OUSr.N ft mCCMAN documents include (but are not limited to) landfill tickets prepared by the owner/operator of the site and invoices to customers from the waste haulers associated with the Site. These records provide documentary evidence of disposal of your company's waste at the WDE Site. This voluminous information was not available to the U.S. EPA, MPCA or the Group at the time these parties initially evaluated liability for cleanup costs. T erefore, it is erroneous to assume that because you have not been previously contacted by U.S. EPA, the MPCA or the Group that you have no responsibility for cleanup of the Site. B. Trigger of Liability. As a user of the Site, your company is a “responsible person* under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or federal Superfund), 42 U.S.C. Sections 9601-9675, as eunended, as a person who “arranged for disposal* of hazardous substances. 42 U.S.C.A. Section 9607(a)(3). Your company is also liable as a responsible person under the Minnesota Environmental Response and Liability Act (MERLA or Minnesota Superfund), Minn. Stat. Sections 1158.01- 11SB.36. You should be aware that Superfund liability is triggered by the release or even the threatened release of hazardous substances, not just hazardous waste. Many people mistakenly assume that their wastes were not hazardous and consequently they have no liability. To the contrary, many types of wastes erroneously thought to be innocuous contain hazardous substances. By way of example, ma.iy types of office supplies, paints and paint products, cleaners, batteries, waxes, polishes, adhesives, caulking compounds, degreasers, electrical equipment and components, fertilizers, pesticides, herbicid.<»s, solvents, and lubricants/oils contain hazardous substances. The presence of even small amounts of hazardous substances can trigger liability. C. Nature of Liability. Liability under fede ’al Superfund, as well as under the Minnesota Superfund is retroactive, strict, and joint and several. To summarize, this means: !• Retroactive Liability. Superfund applies retro­ actively to impose liability for generation and disposa) of wastes containing hazardous substances at any time the WDE Si e was in operation. The fact that disposal may have taken place many years ago and before passage of the federal and Minnesota Superfund legislation is irrelevant. l 4 city of Orono Page Five April 22, 1994 OtCKINSON, WRIGHT. MOON. VAN OUSCN ft TRECMAN 2. Strict Liability. There may be liability under Superfund regardless of fault. It is not necessary that your company intended to cause pollution, or even that it acted wrongfully or negligently. For instance, even if your company was in compliance with then>existing statutes, regulations and ordinances governing the disposal of wastes, if your company's waste contains hazardous substances and these wastes are present at the Site, liability will be imposed under Superfund. 3. Joint and Several Liability. Liability under Superfund is joint and several. This means your company may be compelled to pay the entire cost of cleanup, regardless of the relative volume or toxicity of the waste your company sent to the Site. As a result, your company is liable not only for its share of responsibility, but, in addition, it may have to pay all or part of the costs resulting from the insolvency or unavailability of other responsible parties. In addition, if liability is established, the Group is entitled to recover its attorneys' fees and costs in pursuing your company. See, e.q., Gopher Oil Co. v. Union Oil Co., 955 F.2d 519 (8th Cir. 1992). The abov9 identification of claims is without prejudice to any other claims the WOE Group may have against your company. For example, your company may be liable under other federal and Minnesota statutes, and the common law. To the extent that notice is required under CERCLA, this letter shall serve as formal notice. IV. Commencement of Litigation. After the settlement period has expired, the WOE Group will commence litigation by filing and serving a formal complaint in federal court. Your company will then have twenty (20) days to serve an answer or otherwise respond to the complaint. Your company will also be required to respond to a comprehensive set of discovery requests which will be served along with the complaint. These discovery requests will require complete and thorough disclosure of information relating to your business operations, financial condition, corporate structure, and waste disposal practices. V. Settlement Offer. As indicated above, the Group recently obtained heretofore unavailable documentation which demonstrates that many entities contributed waste to the WDE Site. Information regarding the volume and description of the waste generated by your company and others has been compiled and analyzed. A city of Orono Page six April 22, 1994 DICKINSON. WRIGHT. MOON. VAN OUSCN S TRCCMAN summary of your company's waste associated with the WDE Site is attached as Exhibit B to the Confidential HDE Site Settlement .\greement which accompanies this letter. We have calculated your company's liability to be $15,000.00. However, in the interest of promoting early settlement, we have been authorized to offer you a settlement of $12,000.00. This figtire represents a 20% discount of your company's actual liability and will remain open until the close of business on Monday, May 23, 1994. In exchange for your payment, the WDE PRP Group is prepared to provide your company a number of commitments designed to fully resolve your company's current liability relating to the Site. These are spelled out in detail in the settlement agreement which is enclosed herewith. To summarize, the WDE PRP Group will provide you with the following: A. Covenant Not~To-Sue. A covenant by the WDE PRP Group and its constituent members not to sue your company for the costs fronted by the Group to clean up the WDE Site and the administrative costs paid by the Group to the U.S. EPA and the MPCA. B. Defense, Indemnity and Hold Harmless. A commitment by the WDE PRP Group to defend and indemnify your company in the event that the Group sues non> settlers and those non-settlers attempt to bring your company into the litigation, or if the U.S. EPA or MPCA assert claims against your company for their unreimbursed administrative costs. C. Petition for Order Barring Claims. A commitment by the WDE PRP Group that if it commences litigation, it will petition the Court for an order barring any claims against your company by non-settlers. If this relief is granted, it will provide an additional layer of protection for your company. As the above synopsis makes clear, there are significant advantages to settling with the Group which should be carefully considered in evaluating your course of action. Please read the enclosed Settlement Agreement carefully as it spells out the exact terms and conditions or settlement. VI. Procedure for Acceptance of Settlement Offer. following:In order to settle this case now, you must do the city of Orono Page Seven April 22, 1994 DICKINSON. WRIGHT. MOON. VAN OUSCN ft TRCCMAN A. Forward your company's settlement check in the amount of $12,000.00 to the undersigned. Your check should be made payable to the *WDE Trust.* B. Execute the Signature Page from the enclosed Settlement Agreement, and forward the settlement Agreement and the Signature Page to the undersigned. Both your check and the Signature Page must be received by this office no later than the close of business on Monday, May 23, 1994. As soon as your check clears, we will return to you a Signature Page executed on behalf of the WDE PRP Group and its constituent members. Be Tidvised that, as stated above, if payment and an executed Signature Page for the Settlement Agreement are not received by that date, the WDE PRP Group will insist cn full payment of your company's liability (i.e., $15,000.00). If the matter goes to litigation, we will also seek an award of attorneys' fees and other costs permitted by law. Therefore, we strongly urge that you act promptly in considering this settlement offer. Please contact us at (313) 223-3608 if you have any questions. Very truly yours. Margaret A. Coughlin Common Counsel to the WDE PRP Group Enclosures cc: WDE PRP Group Steerxng Committee (w/enc.) LVP/23160/0000,'CH7 SENIOR SALUTE..... Honoring all area seniors during Older Americans month. 6 1994 J!. Tuesday, May 17 at Noon Entertainment by Lightfoot Country Boys For their contribution to the community- special guests will those seniors over the age of 80. I. Reservations by Thursday, May 12 Van transportation available Tamarack Senior Center Community Room, Church of St. George 133 South Brown Road Long Lake Phone: 476-2554 EVERYONE IS INVITED TO THE 4 th Anniversary OF TAMARACK SENIOR CENTER THURSDAY, MAY 12 AT NOON ElvlTERTAINMENT BY: PAUL HEFFRON MUSIC BIG BAND SOUNDS. ALL AMERICAN FAVORITES AND SING ALONG FREE LUNCH FOR THOSE WHO HAVE BEEN MARRIED OVER 50 YEARS JOIN THE ANNIVERSARY CELEBRATION. PLEASE BRING WEDDING PHOTOS. CLOTHING AND OTHER ITEMS FOR A DISPLAY AND SHARING TABLE. PLEASE RSVP BY TUESDAY, MAY 10 AT 476-2554 VAN TRANSPORTATION AVAILABLE TAMARACK SENIOR CENTER COMMUNITY ROOM OF CHURCH OF ST. GEORGE 133 SOUTH BROWN ROAD LONG LAKE. MN PHONE; 476-2554 ' - TAMARACK SENIOR CENTER • 133 S. Brown Road, Long Lake Phone 476-2554 MAY 1 994 SUNDAY MONDAY TUESDAY WEDNES THURSDAY FRIDAY SAT. 2 11:45 a.m. Shopping Eden Prairie 3 > :30 • Exercise to • Crafts ■Rubber Stamp* Noon - Sr. dining 1 p.m. • Mini Mystery Trip 4 1 p.m,- Sr Bowling Navarre Lanes 5 8:30 - Exercise 10:30 - Exec Bd Noon - Sr. Dine 12:45 - Mature Nutrition Tips - Enjoying Emits 4 Vegetables 6 10:30-Line Dance Practice Noon - Sr. Dining 12:45 - Cards 7 8 9 11:45 a.m. Shopping Van to 7-Hi 10 8:30 • Exercise 10 - Crafts- *Wreaths/Wilma* Noon - Sr dining 12:45-Blood Pressure checks Health topic "Loosen Up* 11 1 p.m.- Sr Bowling Navarre Lanes 12 8:30 - Exercise Noon - Anni­ versary/ Birthday Party with music by Paul Heffron 55 Alive Driving ( Register s 13 10:30 - Line Dance Practice Noon - Sr. Dining Music by Holy Name Jr. Hi Choir 1 p.m. - Cards Oiass -10-2:30 It Center 14 15 Celebrate Marie Gorman's 80th Birthday Open House 1 - 4 p.m. at center 16 11:45 - Shop at Knollwood or movie matinee at Shelard 17 8:30 - Exercise 10:30 Adv. Board Noon - Dining Guests of Honor - area residents over age 80 and 3 local churches; enter- tain-ment by 'Light- foot Country Boys* 18 St. Cloud Senior Festival Trip 19 830 - Exercise 10-.45-Pro­ gressive Lunch Trip to Myron Floren show in St. Cloud 20 10:30 - Line ■ Dance Practice Noon - Senior dining 12:45 - Cards 21 22 23 11:45 a.m. - Shopping to Ridgedaie or matinee movie at Shelard 24 8:30 - Exercise 9 - *lt’s Your Money* seminar 10 - Morning Movie, ’Mrs. Doubtfire* Noon - Dining 25 1 p.m,- Sr Bowling Navame Lanes 26 8:30 - Exercise Noon - Dining Trip to Forepaugh’s & Nunsense II 12:45 - Bingo Party 27 9-11.-30-Foot Care Clinic by appointment Noon - Sr. Dining 12:45 - 500 card party 28 29 ^ • 30 HOUDAY No Shopping 31 8:30 - Exercise 10- Program Planning meeting 11:30 - Sr. Dining 1 • Trip to MN Landscape Aitx>retum __Upcoming Events June 7 -Visit area Senior Centers June 9 - Days of Yesteryear - Ice Cream Social/Entertainment June 13 - Health Topic -Living With Arthritis June 21 - Center Advisory Board June 28 - Trip to St, Croix Casino DINING Reservations TRANSPORTATION 476-2554 Open 8:30 - 2:30 Tues., Thufv Friday H. Todd Van Dellen state Representative District 34B Hennepin County Minnesota House of Representatives COMMITTEES: GOVERNMENTAL OPERATIONS AND GAMING; STATE GOVERNMENT FINANCE: TAXES RECE.V : MAY 2 1994 CITY OF ORONO April 25, 1994 Ronald J. Moorse City Administrator CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323-0066 Dear Ronald: Thank you for your March 31st letter to me outlining the City of Orono ’s concerns on a number of issues currently before the Minnesota House. The shortfall in the Local Government Trust Fund was recently restored in the Omnibus Tax Bill, and I would anticipate that Orono will not suffer a loss of HACA dollars resulting from this year’s LGTF shortfall. Regarding the Orfield legislation, you may or may not be aware that I have been one of the leading opponents of his legislation in the Minnesota Legislature. I co-spoi^ored an alternative proposal for dealing with issues of poverty and low income housing this session, but my bill was not given a hearing by the DFL-controlled House. 1 am well aware of the adverse effect that House Files 2171 and House File 2174 would have on the City of Orono. I have not reviewed House File 328, regarding local election days, and House File 2408, which concerns telecommunications, but when I do I will bear your concerns in mind. Thank you again for contacting me. If you have any further questions or concerns, please do not hesitate to contact me again. Sincerely, Todd Van Dellen State Repicsentative /pc 1i095 37!h Noftti. Plytnooth. Mtnn>sot« 55447 State Office Building. St. Paul, Mmnaaota 55155 (612) 553-90M (612) 296-5511 Houaa Fax (612) 296-1563 TOO (612) 296-9896 May 2.1994 To: AMM Member City Officials From : Karen Anderson, Chair, Nominating Committee R e: 1994 Nominating Committee Report Pursuant to the AMM by-laws, a Nominating Committee was appointed by the AMM Board on March 2, 1994. This committee has completed its work and the bclow-Iist^ officials are recommended for your consideration at the AMM Annual Meeting on Wednesday. May 25.1994. For President: Craig Rapp, Manager, Brooklyn Park (Current Vice President) For Vice President: Joan Campbell. Council member. Minneapolis (Current Board member) For Board of Directors, Two-Year Terms (eight to be elected): • Tom Egan. Mayor. Eagan • Jerry Linke, Mayor, Mounds View • Joan Lynch, Council member, Shakopee • Gerald Otten, Council member. New Hope • Jim Prosser. Manager, Richfield Kirk Schnitker. Council member, Champlin Charlotte Shover. Council member, Burnsville William Thompson. Mayor, Coon Rapids Notes: A. Upon election of a new president, the immediate past president, Dave Cnilds. remains on the board. B. Additional candidates may be nominated by any delegate at the Annual Meeting. C. Bullet names denotes incumbents who are eligible for re-election to a two-year term. Board of Directors, Terms Not Expiring (one year remaining): Bill Barnhart. IGR, Minneapolis Coral Houle, CouncU member. Bloomington Jack Denzer, Mayor, Cottage Grove Ray Faricy, IGR. Sl Paul Marie Grimm, Council member, St. Paul Susan Hoyt. Administrator. Falcon Heights Mary Raymond. Council member. Deephaven El Tinklenberg, Mayor, Blaine Nominating Committee Members: Karen Anderson, Chair. Mayor. Minnetonka Gary Bastion. Mayor. Maplewood Jerry Blakcy. Council member, St. Paul Ted Bcanh, Mayor, Oakdale Mike Ericson. Administrator, Watertown Kay Kuhlman. Administrator. Jwdan Mark Nagel. Manager. Anoka Charlotte Shover. Council member. Burnsville Pal Scott, Council member, Minneapolis i i\ Aif ::;iv^--:. :■>■< < • ■ -*- * • * -X ’•• .*. • .'■ ..% « .vj-^wvv^'-M ^^iLw¥vX‘wwv 'v. -i^'. ’, '■'^' •’^ • '"v"'■■■ ■ •-T V 'i;- • . .v^ > . \ Aiv.vir;A>;:^>.v..; •v .^.'A v Vawa. a .,>. . 1994 AMM Annual Meeting ; '■'3 ‘■M ■ When: Wednesday, May 25,1994 Where: Edinburgh USA Golf Course 8700 Edinbrook Crossing Brooklyn Park« Minnesota Pre-Meeting Round of Golf Available {suffyeii 5:30 p.m. Social Hour 6:30 p.m. Seated Dinner featuring: Top Sirloin and Grilled Chicken with chive cream sauce, salad, vegetables, rolls and dessert. 7:30 p.m. Annual Business Meeting We welcome spouses, significant others and guests! Price: $25 per person. The AMM's third annual Innovative City Award will be presented to the city program judged to have demonstrated creativity in addressing a particular issue. Last year, Richfield and Cottage Grove were co-winners. Will it be your city this year? For three years a dedicated group of AMM city officials have been spreading the word about the benefits of alternative dispute resolution methods.The AMM will present Hs second annual Peacemaker Award to recognize the city that opted to resolve a dispute by means other than the court system. Falcon Heights won the inaugural award. Attention Tom Lehman wannabes! What better way to ease into the evening's events than a round of golf on Edinburgh's championship course. Tee times will be arranged once you register. Please make golf reservations to Carol Williams (490-3301) no later than Friday, May 20. For more information, please read the accompanying flyer. We ask that you place your reservations through your City Manager/Administrator. Please make reservations for the dinner and meeting to Carol Williams, (490- 3301) no later than Friday, May 20- Please channel your reservations through your City Manager/Administrator. As always, there is no fee for attending only the busi ­ ness portion of the evening. Map and Agenda on reverse. Distribution Note: This invitation was mailed to Mayors, Council Members and Managers/Administrators individually on May 2,1994. —r-rr^------ rii Business agenda I. Call to order. 2. Welcome. Brooklyn Park Mayor Jesse Ventura. 3. Recognition of Retiring Officers and Board Directors. 4. Innovative City Award. Craig Rapp, Vice President, Presenter. 5. Peacemaker Award. Roger Williams, Dispute Resolution Committee Chair, Presenter. 6. President's Annual Report. Dave Childs, President. 7. AMM Urtoan Strategies Task Force Report. Jim Prosser. Chair. 8. Annual Election of Officers and Directors. A. Report of Nominating Committee (enclosed). Karen Anderson, Past President, Nominating Committee Chair. B. Election of President, Vice President and Directors. 9. Comments by President-Elect. 10. Other Business. II. Adjournment. By Popular Demand - The AMM Board of Directors heeded members* advice not to include outside speakers or programs so the evening’s activities could focus on AMM business, electing officers, honoring award winners and networking witi; peers from throughout the metro area - and possibly rumination and commiseration. Directions: Take Interstate 694 to High­ way 252 North. Go to 85th Avenue ard turn left onto 85th. About 1.5 miles on 85th Avenue is the Edinburgh Course sign and entrance on the right. Edinburgh USA 1600 Edinbrook Crossing 85th Avenue Interstate 694 Hwy 252 /N ■■i Minnesota Department of Transportation Metropolitan Division Waters Edge Building 1500 West County Road B2 Roseville, Minnesota 55113 May 2, 1994 Mr. Allan Orsen City Manager CITY OF WAYZATA 600 Rice Street Wayzata MN 55391 BECEW env OF OBONO Dear Mr. Orsen: ! a.'Ti responding to your letter of March 16. 1994 regarding the proposed Wayzata Public Works Facility at T.H. 12 and C.S.A.H. 42. This has been a difficult issue for both the Department and the City of Wayzata for some time. While the Department inderstands that the City would like to proceed with the development of the site in question, it is imperative that some more detailed discussion is completed. There are several items that will need further discussion and agreement to proceed with the project. In working with the City of Wayzata to provide an appropriate access for your Public Works Maintenance Facility, it is very important that the city understands that this does not imply a limitation to tfie development of the alignment alternatives for the TH 12 Corridor Study. MnDOT is eager to work with the City of Wayzata to develop alternative scenarios that reduce any negative impacts that would occur with a TH 12 Corridor project. Under the current alternative selection, it is anticipated that the existing and north alignment options will have little impact to the maintenance facility site. The south alignment has potential to acquire a large portion of this property and the system plan has the potential to change the access location including removing the signal now proposed for TH 12 an Wayzata Blvd. Currently MnDOT is looking at a system alternative for the TH 1 2 corridor. The Gleme.nts of the syste.m have .not yet been fully defined but there is interest in creatif^g an access onto TH 12 from Ferndale Rd. An access at this location has merit in that it would remove some of the commuter traffic in the downtown Wayzata area and Ferndale Rd. N. is currently being discussed for upgrade to MSAS standards. It is understood that the section of Ferndale north of TH 1 2 is being looked at for possible acquisition by the City of Orono to satisfy criteria for MSAS Fund application. MnDOT would like to work with the Cities of Wayzata and Orono to define appropriate jurisdictional boundaries to allow for the opportunity to pursue an access at this location if the System Alternative is selected as a preferred alternative. • • In discussion with Valerie Reinaas, TH 12 Project Manager, in was concluded that there were several items that will need to be completed by the city to resolve this An Equal Opportunity Employer May 2, 1994 Mr. Allan Orsen Page 2 issue This particular prelect has elements that need resolution and concurrence from several units within the Metro Division. Valerie Reinaas will be working with you to provide you the best service in understanding the information required to develop the project. included to begin the process are permit applications for the access c^nge in use and utK tier Please complete these forms as specified in the attached guidelines, the add ion of *he rioht turn lane on eastbound TH 12 is included with the change is acceTs use perr^it Please submit this application with a layout of the project area. Sot will also require a plat review for property development consistent with the change in use. As per your meeting with Valerie Reinaas, Bob Vasek and Tony Winiecki on April 13, 1994, please revise the Signal Justification Report and su hi' rreviev° and'^approvai. For your convenience, send all information through Valerie Reinaas for distribution to appropriate channels. Valerie Reinaas MnDOT Metro Division PreDesign Waters Tdge 1500 CO RD B2 West Roseville, MN 55113 if vou have any further questions or would like to discuss your comments, please feel free to contact Valerie Reinaas at 582-1293. We look forward to working with you to resolve this issue is a timely fashion. Sincerely, Charles A. Siggerud, P.E. Division Engineer Enclosure cc:Dave Dudinsky - City of Wayzata Dennis Eiler - Strgar Roscoe Fausch Ron Moorse - City of Orono Tod Olson - City of Long Lake SEE OVERSIZED DOCUMEnT!!