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HomeMy WebLinkAbout05-23-1994 Council Packetmm mmmi *fWU4^JL I I ; •IZfalilS kii:ii.3:!TiS] mimm ; AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 23, 1994, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNTSOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motioi by the City Council under the Consent Item* on liw agenda, memos regarding each of the Ager. 'a items arc available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL *1. CONSENT AGENDA APPROVAL OF MINUTES *2. 1994 Board of Review Meeting of April 28. 1994 *3. Reconvened Board of Review Meeting of April 9, 1994 *4. Regular Meeting of May 9, 1994 May , ^/rvor'c^ PARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS PUBLIC COMMENTS - (Limit 5 Minutes Per Person) POLICE CHIEF REPORT ZONING ADMINISTRATOR’S REPORT •* APPLICANTS **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. 5.#1901 Tandem Properties, 2645/3025 Watertown Road A.Road Name B.Final Subdivision - Resolution 6 #1916 Irwin Jacobs, 1700 Shoreline Drive • Variance - Resolution 7.#1918 James K. and Julie Ann Lynch-Daniels. 1225 Orono Oaks Drive - Renewal Conditional Use Permit/Variance - Resolution 8.#1919 Ty Bucee, 2677 Casco Point Road - Variance - Resolution 9.#1920 Phillip Otto, 4116 Highwood Road - Variances - Resolution 10 #1925 Peter Bovee, 840 Old Long Lake Road - Variance - Resolution 11 .#1932 Orono School District #278,685 Old Crv stal Bay Road - Conditional Use Permit/Variance -Resolution MAYOR/COUNCIL REPORT ENGINEER REPORT 12.Old Crystal Bay Road Bridge Replacement Bids CITY ADMINISTRATOR’S REPORT 13.City of Wayzata Public Works Facility Site - Concurrent Detachment and Annexation - Resolutions ACFNDA for council meeting set for MONDAY, MAY 23, 19!M, 7:30 P.M. oS CO^^CIL ^ 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR’S REPORT Continued 14. Park Survey 15. 1993 Inter^nd Transfers and Budget Amendments 16. Kelley Avenue Drainage Report 17. Police Lieutenant 1994 Contract Settlement 18. Jim Gregory Lump Sum Payment cm ATTORNEY’S REPORT (•19.) LICENSES (•20.) BILLS UPCOMLNG ISSUES AND EVENTS 05/23 05/24 05/ 1 06/06 06/07 06/13 06/15 06/20 06/27 06/28 - Council Meeting 7:30 p.m. - Coui?cil Work Session 8:00 a.m. Council Chambers - HOLIDAY - Memorial Day . - aa - Planning Commission Public Hearing - B-2 Zoning 7:00 p.m. - Park Commission meeting 7:15 p.m. - Council meeting 7:30 p.m. ___ - Highway 12 Policy Committee meeting 5:30 p.m. Orono Council Chambers - Planning Commission meeting 7:00 p.m. - Council meeting 7:30 p.m. u - Highway 12 Mediation meeting 3:00 p.m. Orono Council Chambers MLNLTES OF THE BOARD OF REVIEW MEETING ^3 J994 f' Hr' CfCROmoHELD APRIL 28, 1994 ROLL The Board of Review met on the above date with the following members present; Mayor Edward Callahan, Councilmembers J. Diann Goenen. Gabriel Jabbour, Charles Kelley and JoEllen Hurr. The following represented the City staff: City Administrator Ron Moorse. City Assessors Rolf Erickson, Dave Wilde, Lisa Mott and Gayle Navratil. Count> Assessor Bill Effert2 and City Recorder Lin Vee. Mayor Callahan called the meeting to order at 7:05 p.m. Erickson reviewed the procedures for establishing the 1994 market value to be used for taxes payable in 1995. Properties that sold in Orono are compared to characteristics of other properties in Hennepin County and rate tables arc used to determine a stamtory assessment that works. There were some major changes in lakeshore properties with the average increase of approximately 8%. Sales books were available to Councilmembers for making comparisons. The Board will reconvene at a later date to hear the results. Erickson requested property owners to sign up for appointments to review individual properties. He noted that the lower priced homes had considerable appreciation in sales/resales and higher priced homes were on the tax books at a lower rate than they should have been. Mayor Callahan noted that owners who did not give notice of their intention to appeal the propeny value by tonight’s meeting lost the right to an administrative appeal to the County but not a Court appeal. He added that the Board has the right to lower the total valuation in the City by only 1 %. Individual home valuations can be changed by various percentages but overall they cannot exceed 1% of the City’s total valuation. Hennepin County averages all the cities in Hennepin County to determine if the valuations in Orono are proper. He indicated that anyone who wanted to leave their name to set up individual appointments with the Assessor could leave the meeting. The Board will listen to each individual owner who wishes to present their case but no decisions will be made at this meeting. Owners will be heard in the order in which they signed in. They should state their name, address, property identification number, 1994 valuation and what they believe their property is worth. 11:1Norma Jean Dickev. 4425 North Shore Drive, ffl7-l 17-23 34 0003, 1992 valuation at $164,' 1993 valuation at $190,000, 1994 valuation at $205,000. There is 50 ’ of lakeshore but she does not feel it is worth $205,000. An appraisal was done in 1990 for a possible sale at $150,000. This property was not in the quadrant of the City that was actually visited this year. Ernest Blanchard. 2585 Dunwoodv Avenue. #20-117-23 21 0032, 1994 market value is $302,000, 1993 value at $280,900 and 1992 value at $256,000. He noted the north end of Dunwoody has several properties in very poor condition. He believes $250,000 would be appropriate. The value has changed by $45,000 in the last two years which seems excessive when there have been no improvements. The taxes have gone from $2,000 when purchased to $6,000 and the market value has gone up six times. This seems exorbitant when he is retired. Mayor Callahan suggested Mr. Blanchard make an appointment to have the Assessor visit his property so he can show the Assessor the condition of his home and give reasons why he feels the valuation is too high. MINUTES OF THE BOARD OF REVIEW MEETING HELD APRIL 28, 1994 Warren Bielke 2565 Dunwoodv Avenue. #20-117-23 21 003k 1994 assessed value is $701.000. Bielke distributed a handout of the property history noting the assessed value has increased $248,200 or 55% while the market value only increased by 39%. After remodeling two years ago, Bielke purchased the property for $800,000. Mayor Callahan noted that the assessed value is 88% of the market value while the average is 93%. Erickson explained that the values they use are not determined by the sale price. Bielke stated there were no other propenies in the neighborhood worth $800,000. It was worth it to them because they wanted to stay in the neighborhood. Kelley noted that Bielke was a willing buyer at $800,000 and he would find it difficult to lower the value below $701,000 and thought Bielke was fortunate that he was not at the 93% level. The size and quality of this home may be the reason it is valued lower than the 93%. Jabbour asked at what point the State would step in tor a mass increase. Erickson responded it was a complicated procedure. If Orono was at 85%, the State would increase across the board by 10% because they only increase by 5% or 10%. Erickson also stated that Tom Haller, one of the appraisers working for Erickson, had appraised this house for the previous owner while working for Forsythe Appraisals so he is very familiar with the property. John C Ericson. 1620 Shadvwood Road. ^17-117-23 21 0012, 1994 market value is $261,000 and 1993 market value was $240,000. He did not feel it necessary for the Assessor to visit the property because nothing has changed except the paint in the kitchen. He requested the closing of the landing on his property or felt a 3% increase from last year was reasonable. Walter Wolfe 1250 Soruce Place. <>08-117-23 32 0008, 1994 market value of $152,600. He felt there were major improvements required to make the house saleable such as rafters (40% of roof needs replacement), 40% of the basement floor needs to be removed and replaced and 40% of the west wall of the basement needs to be rebuilt. He has 49’ of lakeshore on the west side of North Arm and has lived there 40 years. Mayor Callahan thought that the basic value may be in the land. Curt Ouadv. 1223 South Brown Road. >^10-117-23 31 0065, 1994 market value of $90,000 and 1993 value of $82,800. He felt his market value was at 100%. He asked if it would be possible to have a $4,000 increase in valuation this year and $3,200 next year. He felt the value was fair but wanted to "ease into" the value over the next few years, similar to a step increase. Erickson explained that the State sets a limited value at 10% so the property owner would not pay taxes on a value that exceeded 10% from the previous year. Flmer Conover 1489 Shoreline Drive, 11-117-23 23 0009, distributed a letter to the Board stating his reasons for appealing the market value. Mayor Callahan stated the Board would consider the information before the next meeting. rhrista Neiezrhipha 2625 Kelly Avenue. #20-177-23 14 0026, asked what could be done about the trees dying on Kelly Avenue because it is always under water and if it would be possible to install a light because a lot of garbage is dumped in the wetlands. Mayor Callahan suggested she call the City Administrator to discuss these issues. She felt the 1994 market value of $546,000 was too high because this is an old house but she did not know what the property would be worth. MLNUTES OF THE BOARD OF REVIEW MEETING HELD APRU. 28, 1994 Carol Burgess. 2800 Pheas^mt Road. ;y21-l 17-23 32 0004, 1994 limited valuation at $552j and 1993 valuation at S502.000. The property was bought in 1967 for $50,000. From 1992- 1993 there was a 1.7% increase in assessed valuation, 1993-1994 was 2.8% and 1994-1995 was 9.8% or $49,200. She noted this was an unusual piece of property because it is really two pieces of property" with a long peninsula consisting ot almost 1,500 ot shoreline. When they bousht this property, the Hennepin Count} Assessor stated the excessive footage of shoreline on the extra lot would not impact the taxes because the e.xtm lot was a non-buildable lot. She felt this has changed over the years with too much emphasis placed on the number of feet of shoreline. In a hardcover survey done for a recent variance, only 1/4 of the lot would be considered buildable. This house has already reached the limitations of the property so no further building would be allowed. She checked with Jack Shannon, a local realtor, who stated that generally the land and buildings are each valued at approximately 50% of the total. On this property, the house is valued at $182,000 and the lot at $370,000. Shannon compared her property to a similar property on Hardscrabble Point that had been on the market for almost four years and had not sold because there could be no further building on it. He indicated the value was being reduced by $150,000 because the property ’ could not be sold. Burgess felt her property would sell for $450,000 - $500,000. Erickson commented that front footage is used as a guideline but general!: lots with more exposure are considered to be more valuable. He considered this a mid-range value on Lake Minnetonka. Low values would be $100,000 - $150,000 with high values at $800,000 - $900,1•IIJ Burgess reiterated there was too much weight placed on the lakeshore for this particular lot. This is approximately a 2-1/2 acre property. She noted the 36% hardcover that was determined for the variance was on 1/4 of the lot. There would be 19% hardcover if the point could be included. Hurr asked what the dollar amount would be on lakeshore footage. Erickson responded that it runs from $1,000 per foot on a cove up to $5,000 per foot in the Minnetonka Beach area. He added that on the Burgess lot they are not counting front footage. Burgess agreed with that but still felt there was too much weight placed on the shoreline footage. Dr. Moe. 1220 Loma Linda Avenue. 08-117-23 32 0005. and 1230 Spruce Place, 08-117-23.32 0006. are both seasonal recreational properties with about a 15’ easement between them. 1220 Loma Linda Avenue is valued at $104,000 with 75’ of lakeshore for 1995 and 1230 Spruce Place is valued at $74,000 with 60’ of lakeshore. Kelley asked if the lots were buildable. Dr. Moe replied that 1230 Spruce Place is not buildable. A sewer unit has been assessed for each property. Councilmembers felt they would both probably be considered buildable lots. Dr. Moe felt the properties were worth approximately $1,000 per foot of shoreline. The drainage easement with a natural creek would not allow the properties to be combined into one buildable lot. 1220 Loma Linda has no heat or basement 1230 Spruce Place is suspended on cedar posts with no running water. Dr. Moe felt 1220 Loma Linda Avenue was worth about $75,000 and 1230 Spruce Place about $60,000. Erickson explained that lakeshore lots start at about $50,000 MINXiTES OF THE BOARD OF REVIEW MEETING HELD APRIL 28, 1994 in Orono with the land values being high. Increases have been 37% and 30% over the last two years. Erickson explained that seasonal dwellings are not included in the 10% cap and properties are valued on the highest and best use. Charles Percival. 2732 Caroline Avenue. 20-117-23 24 0041, valued at $6%.000 for 1995. The home is new constniction and they moved in on Febniary 14.1992. The valuation for 1993 was $584,100 and for 1994 was $661,000 which was a 13% increase. He questioned this increase and the Assessor responded it was based on the number purchases in the area. The total increase over two years is 19% or $112,000. Kelley asked if this property was lakeshorc a^ the cost for building. Percival responded that it was lakeshore and was difficult to estimate the exact cost of the home but the total cost was in the $600,000 range. He took over the responsibility as contractor to complete the building of the new home after the death of his brother They are located on Carman’s Bay with houses slow to sell in this neighborhood. Percival did not think the valuation reflected the area they were in. He gave comparable information on four other homes in the neighborhood. The property at 3650 Casco was assessed at its level because the appraiser stated it had the highest level of grade. Percival felt his home would more appropriately be valued at $616,000. They did not appeal last year but he has done more data comparing with four neighboring homes. He based his valuation on $105 per square foot. T lnvH Nehring. 197? .Shadvwood Road. 17-117-23 24 0025. $98,000 market value for 1995. He felt the value was rising too last and the property was worth about $85,800. There is 50 of lakefront. The 1993 valuation was $85,800 and the 1994 valuation was $93,000. Callahan noted that the Shady wood area was looked at by the Assessor for the 1994 valuations. Last year there was a sharp increase in many sales values. Nehring slated he bought the property in 1959 and is just a cottage with no basement or frost footmgs. The cottage itself if in poor condition. Callahan noted the land values keep going up. Nehring showed pictures of a home worth $130,000 and he did not feel his home was comparable for only $30,000 more in value. Erickson stated the land was valued at $67,000 and the building at $31,000. He added that the channel makes this a unique property and he will review this property again. Joan Carlson. 2080 Shadvwood Road, 17-117-23 31 0016. 1995 valuation at $295,000. She felt the value was rising too fast and did not know what the value should be. She added that the real estate people were the ones getting the benefit. She has lived on this property tor 34 years 110’ of lakefront on Crystal Bay. The house is 1500 s.f. which is not a big house. The 19^ value was reduced to $275,000 but increased again this year. Her taxes went up 16% so she needs to submit tax forms for a reftmd. Callahan noted that last year many homes were reduced in the Crystal Bay area. Hurr asked Erickson for clarification of the limited market value and the 10% increase. Erickson stated the 10% increase is based on the 1994 limited value to the 1995 market value and was possible to never catch up. MCSXTES OF THE BOARD OF REVIEW MEETING HELD APRIL 28, 1994 nilWilliam A. Bockrnann. 1130 Lotti3 Linda Avenue, 08-117-23 23-0012, valuation at $148,' He felt $134,000 - $136,000 would be an appropriate value because of extensive flooding at times in the basement. The 1994 valuation was $135,300 which is an increase of $12,700. There is 95 ’ of shoreline on North Arm. Bockmann presented information on comparable homes and will bring copies to the Assessor and Council for their reference and analysis. Richard Cberha. 1340 Vine Place. 07-117-23 42 003 L 1995 valuation at $308,000. Cherba asked if non-iakeshore properties were also iiKreased. Erickson replied that there were increases but not as much as the lakeshore properties. Cherba ’s 1994 valuation was $289,500 which is an increase of $30,000 over two years. He reiterated that the rate and percentage of increase was his concern as with other residents. The increase is too much too fast. He felt $294,000 was an appropriate value. He has 207’ of lakeshore on Forest Lake. On the north end of Forest lake there is a home valued at $1.7 million which will raise property values in neighboring homes. Erickson stated the average increase for non-lakeshore properties was 1.4%. Properties in the Casco Point and Navarre areas that are off the lake are near 100% valuations. The lakeshore properties did not all get the same increase, some were higher than 8% while others were lower. Cherba noted they had not done any major improvements yet their values increased. Erickson gave examples of recent sales at 1565 Park Drive. In September of 1992, this property sold for $292,000 with 100 ’ of lakeshore and 1900 s.f. home. This property sold again in February of 1994 for $335,000 with no improvements which is a 15% increase in 18 rnonths. This trend was similar in other properties in Orono. Mr and Mrs. 1 .-»rrv Whalen. 2435 Scotch Pine Lane. 09-117-23 44 0006. 1995 market value at $422,000 which is up $34,500 from 1994 valuation and $43,000 over the last two years. Their property is on a cul-de-sac with a major wetland between the house and lakeshore making the front yard relatively unusable which does not make this an extremely desirable property. They felt their 19 year old home was worth about $400,000. Tir value has increased from $379,000 to $387,500 to $422,000. This is a little over 2% and then 9%. Comparables may be helpful and they should be brought to the City Assessor. Erickson commented that appraisals for refinancing recently were performed by appraisers who were not familiar with working in the Orono area and this is a tough area to appraise. Jo Ellen Hurr, 930 P.irtenwood Road, 08-117-23 21 0007, commented that her valuation went up $104,000 over the last two years. They have a new roof and paint but no other major improvements. She might add her name to the list of properties for the Assessor to review. Kelley noted there were no complaints from the quadrant that was appraised this year. Hurr asked how the Ulrich home was handled when it sold for less than it was valued at. Erickson responded the property was listed as exempt so there was not a problem. It sold for $1,765,000. The Ulrich ’s had it valued at $6.2 million and was lowered to $2.6 million. When the house was sold and analyzed, there was 6,000 s.f. of swimming pool, 9,000 s.f. of house on the main floor with three sequential vault- and 13 furnaces. MESUTES OF THE BOARD OF REVIEW MEETING HELD APRIL 28. 1994 Erickson requested that the next hearing be held prior to the Council meeting on May 9, 1994 at 7 00 pm He stated that his office would send out notices prior to the meeting with their recommendation and the time of the Reconvened Beard of Review stating they would not have to attend that meeting if they were in agreement with the new recommendation. Members agreed that it would be acceptable to have the Assessor send out letters. Hurr will be late and Jabbour will not be at the meeting of May 9. Erickson noted the meeting must be held within 20 days. Residents Who Appeared at the Meeting but Did Not Speak: Gary Welsh, 1214 Wildhurst Trail, 07-117-23 31 0036 Lloyd and Ellie Fairbanks. 95 Willow Drive North. 33-11823 44 0020 Robert H. Cavan. 999 Wildhurst Trail, 07-117-23 21 0005 Walter Pemberton. 1720 Shadywood Road, 17-117-23 21 0019 Ted Chalupsky, 2530 Casco Point Road, 20-117-23 21 0014 John Prueter (North Shore Drive Marina). 3220 North Shore Drive, 08-117-23 41 CXX)4 Paul E. Taylor, 3883 Cherry Avenue. 08-117-23 33 0087 Richard Kroeger, 65 Stubbs Bay Road North, 32-118-23 34 0004 David Christensen. 330 Tonka Avenue. 05-117-23 14 0040 Ken Hickey, 4640 Tonkaview Lane, 07-117-23 32 0043 Herb DeVaan, 4166 Highwood Road, 07-117-23 44 0027 Thomas B. Swanson. 1740 Shadywood Road. 08-117-23 21 0007 Written Appeals Submitted: Delores M. Pettipiece, 3540 North Shore Drive. 08-117-23 43 0011 Margaret Davis, 1345 Vine Road, 07-117-23 42 0004 Florence Hagberg, 740 North Arm Drive, 06-117-23 43 0006 William Nicholls, 2700 Shadywood Road, 21-117-23 24 0031 Eric H. Paulson, 2605 Maple Ridge Lane, 21-117-23 21 0005 Kathryn A. Anderson, 398 Leaf Street, 04-117-23 23 0007 W. C. Shull. 1125 Spring Hill Road, 26-118-23 43 0004 Ward E. Edwards, 2474 Carman Street, 20-117-23 12 0027 Mrs. Harold Diesen, IKK) Townline Road, 30-118-23 32 0003 C.L. Johnson & Pam Willette, 2024 Shadywood Road, 17-117-23 31 0011 Ronald & Leslie Ezerski, 2715 Pence Lane, 21-117-23 32 0(X)7 Lawrence Langhans. 1366 Rest Point Road. 07-117-23 32 (X)60 Eugene & Sharon Clark, Jr., 1955 Heritage Drive, 10-117-23 13 0014 Albert & Sally Hanser, 1685 Fox Street, 03-117-23 44 0004 R. Scott Vickerman, 2685 Rainey Road, 04-117-23 43 0013 Ronald B. Sheidon, 3225 Bayside Road, 05-117-23 41 0017 Elmer S. Conover, 1489 Shoreline Drive, 11-117-23 23 0009 (appeared also) Richard Cherba, 1340 Vine Place, 07-117-23 42 0031 (appeared also) % • % MDiUTES OF THE BOARD OF REVIEW MEETING HELD APRIL 28, 1994 Appeals by Phone Calls: Neva Williams, 2765 Ethel Avenue. 20-117-23 24 0018 Harvey Reder, 35% Livingston Avenue, 17-117-23 43 0034 David Verville, 4209 North Shore Drive, 07-117-23 43 0005 Henk Boon, 4045 Baysidc Road, 06-117-23 14 0022 Gregory Gerard, 2610 Mapleridge Lane, 21-117-23 21 0009 Thomas Bouchard, I860 Shoreline Drive, 10-117-23 42 0004 John Doleman, 1680 Shadywood Road, 17-117-23 21 0016 Adjournment Mayor Callahan adjourned the Board of Review at 9:35 p.m Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk ROLL MINUTES OF THE RECONVENED BOARD OF REVIEW MEETING HELD APRIL-2fffW4---- ;ivnr f s? The Board of Review met on the above date with the following members present: Mayor Edward Callahan, Councilmembers J. Diann Goetten. Charles Kelley and JoEllen Hurr. The following represented City staff: City Administrator Ron Moorse, City Assessors Rolf Erickson and Dave Wilde, and City Recorder Lin Vee. Mayor Callahan called the meeting to order at 7:02 p.m. Mayor Callahan explained that the City Assessors have contacted the 51 property owners who had asked for reconsideration of their 1995 property valuations. Discussion will proceed as the property owners had signed in and then any properties the Council wishes to ftirther discuss will be added. Charles Percival. 2732 Caroline Avenue. 20-117-23 24 0041. Mayor Callahan noted the Assessor’s recommendation had been reduced by $30,000 with much of the adjustment related to the building. Percival still does not feel he is being equitably assessed compared to the adjacent homes. The land values are reasonable for all four adjacent properties but the building values ranee from $78/s.f. to $118/s.f. He believed the Smith house on Casco, which the Assessor felt was comparable, was valued at S105/s.f. Erickson commented that there are many variables that determine the cost per square foot, including finished basements, fireplaces, bathrooms, garages and quality of the house. Looking at the gross living area is not a comparable value. Percival would be willing to accept the value of $105/s.f which is supposed to be the highest quality of the Casco Point home yet his home is valued at $118/s.f. Erickson stated Percival’s house was a better quality home than the Smith home and the value calculated out to $110/s.f. Valuations are based on comparable sales, not comparable neighboring homes. It was moved by Hurr, seconded by Goetten, to continue with the reduced recommendation of the Assessor at $666,700. Ayes 4, nays 0. Har\>ev Reder. 3598 Livin2Ston Avenue. 17-117-23 43 0034. commented on three items that may not have been considered by the Assessors: 1) Zoning district is 1/2 acre and his property is less than 1/2 acre; 2) No heat to the top floor; 3) In the west side yard, the struemre is too close to Blaine Avenue which is a problem under new code. He felt the valuation to be about 10% too high. He wished he had appealed last year’s valuation as he felt that was too high even though there was little change for the 1995 valuation. Erickson stated that the off-lake property type increased 1.4% as a whole. The overall lakeshore class increased 8.6%. Reder’s property was actually valued $100 less than the 1994 valuation. It was moved by Goetten, seconded by Kelley, to use the Assessor’s recommended value of $65,000. Ayes 4, nays 0. fr ^ MINUTES OF THE RECONVENED BOARD OF REVIEW MEETING HELD APRIL 28, 1994 John C. Erir^nn 1620 Shadvwood Road. 17-117-23 21 0012. stated he received a letter from the Assessor recommending no change from the valuation of $261,000. He felt the land value went up too much at $21,000 and thought 3-4% was adequate. Erickson stated the increase was about the same as other similar properties adding that some were adjusted closer to the channel. Kelley asked how the Assessor arrived at an 11 % average increase. Erickson replied that the buildings were calculated with the new rates. In order to bring the property class up to the 93% Hennepin County minimum, an increase of r ^ ^ would be required. Properties are then reviewed by bays, value increments, etc. It wdetermined that the higher priced houses probably were 10% low. Few of the higher priced homes sold so the class was raised across-the-board. For example, on Park Drive a home sold for $292,000 in September of 1992 and again in February of 1994 for $335,000. Ericson stated that he wanted to rebuild 6-7 years ago and was turned down by Council. He then did some remodeling for which he was assessed. He thought the off-lake properties should be assessed more rather that having 8-9% for lakeshore vs. 1.4% for non-lakeshore. Erickson responded that there were years in the early 1980’s where lakeshore properties were low. It was moved by Hurr, seconded by Kelley, to approve the recomjnendation of the Assessor at $261,000. Ayes 4, nays 0. Delores Penioiece. 3540 North Shore Drive. 08-117-23 43 0011, stated the increase from $81,000 to $95,000 in three years was too great. .She noted the house was small and an unusual shape. There is a road that crosses between the house and the lake. Oldtimers knew that properties like this did not pay the same high ta.xes as those directly on the lake. Mayor Callahan noted the increase was due to the land as in other properties. Hurr added the building value actually decreased. Kelley thought a 50’ lot with a road in front could be lowered to the 1994 valuation. It was moved by Callahan, seconded by Goetten, to accept the recommendation of the Assessor at $95,000. Ayes 4, nays 0. David Verville. 4209 North Shore Drive. 07-117-23 43 0005, stated his valuation went up $10,000 which is a 7.5% increase and he thought that was too much for one year. He felt a 4% increase was enough for one year. Mayor Callahan stated that as long as the general increase falls within the range of the average, the Assessor’s recommendation should be equitable, Verville stated that houses across the street from his (non-lakeshore) did not sell for more tlian they did in 1986. He felt the lakeshore properties always received the largest and first increases. Erickson indicated the 1984 valuation was $121,000 on this property but went down to $1 10,000 in 1985, Two years later the valuations were raised again but this followed the real estate market. He stated that one way to approach the property increases is to talk to state legislators. It was moved by Mayor Callahan, seconded by Hurr, to accept the recommendation of the City Assessor at $144,000. Ayes 4, nays 0. MINUTES OF THE RECONVENED BOARD OF REMEW MEETING HELD APRIL 28, 19W Eugene C. Clark. 1955 Heritage Drive. 10-117-23 13 0014, stated there was a tendency by all elected officials to point fingers up and down but wanted the local government to be aware that it starts here. He explained that his lot was 1 of 15 in the Fox Hill subdivision. Two lots of the 15 have not been built on and have a valuation of $34,700. His land, which is about the same size as the other lots at 2.5 acres, is valued at $62,000. He felt this was a direct measure of the undeveloped land to the developed properties. Two pieces of property in the subdivision were of less value than the others. One of those pieces is the Clark property and was valued lower because of the railroad tracks. These two propenies both have similar, inexpensive homes which are on a slab with no basement, single-story and a four-car detached garage with the house footprint at 1665 s.f. The other home had an expansion of a few hundred square feet and sold in October of 1993 for $137,000 after being on the market for 2-3 years. The Assessor wants to keep the valuation at $137,000. Clark feels if comparable sales are used, their home should be valued in the $120,000 range. Kelley asked if the comparable home had a pool. Clark responded it did not. Erickson noted the comparable home was a bank foreclosure. He added that the comparable home the Assessor used was at 945 Forest Arms Lane with 1188 s.f., basement and 2-car garage with access to the bay that sold for $135,000 in Augr.st of 1993. That house was not as go^ as the Clark home. Clark chose not to appeal the 1994 valuation but he felt that was too high also. He felt the Council should look at the house which sold in his neighborhood that is directly comparable to his. The Assessor commented that they do not use foreclosure sales for comparables. Kelley asked about the pool. Clark responded it was acquired with the home but thought it w'as installed in 1976 at 20 x 40 . He added that he would be more inclined to take the pool out rather than put another one in. Clark added that Fox Hill has an outlot of 300’ of shoreline that is a separate parcel considered lake access. The Homeowners’ Association divides up the taxes on that parcel. Callahan thought it would still add value to the property at 1955 Heritage Drive. It was moved by Mayor Callahan, seconded by Hurr, to accept the Assessor’s recommendation of $137,000. Ayes 4. nays 0. Nancy Moe. 1230 Soruce Place. 08-117-23 32 006 and 1220 Loma Linda Avenue. 08-117:23, 32 0005. was disappointed the valuations did not change. Hurr stated it was difficult to see why the value of the cabin on Loma Linda increased by almost $14,000 when comparing it to the Bockmann house that is a year-round home valued at $35,000. Rolf responded that the value had been frozen but since there was some utility as a cabin there was some value to the cabin. Since it is a 75’ lot, the land value was appropriate. Moe commented that the cabin was nothing more than a glorified tent. Mayor Callahan stated there was a sharp increase in the building value as well as a 10% increase in the land value. Hurr did not object to the land increase but felt the doubled value on the building was questionable. It was moved by Hurr, seconded by Goetten, to accept the valuation of 1230 Spruce Place at $74,000 and to reduce the value of the building on 1220 Loma Linda Avenue to $18,000. Ayes 4, nays 0. MINUTES OF THE RECONVENED BOARD OF REVIEW MEETLNG HELD APRIL 28, 1994 Willard Shull. 1125 Soring Hill Road. 26-118-23 42 0004. stated he had sent a letter to Rolf Erickson. He did not feel there were any comparable sales in Orono for his property. Erickson had done a full appraisal two years ago. There is a conservation easement on the property which Erickson took into consideration or the value would have been higher. Shull thought his valuation should stay at $478,000, the 1994 valuation. Hurr explained that only 1/4 of the City is actually visited each year even though values increase throughout the City. Shull has 7 acres. He did not feel there should be any escalation of values due to the alternate routes being considered for Highway 12 near his property. Mayor Callahan did not think the increase was excessive in relation to other increases in the City. It was moved by Mayor Callahan, seconded by Kelley, to accept the recommendation of the Assessor at $504,500. Ayes 4, nays 0. Mayor Callahan asked if there were any property valuations Councilmembers wished to discuss that were included in the Assessor’s Recommendation Booklet but owners were not present to discuss. Hurr stated she would not support a reduction in the value of North Shore Drive Marina (Page #18i. 3222-3250 North Shore Drive. 08-117-23 41 0004, 0005 . 0006 . from $509,300 just because there was a change of ownership. It was moved by Hurr, seconded by Kelley, to leave the valuation at $509,300 since that was the price that was paid for recent acquisition. Ayes 4. nays 0. Erickson stated there was confusion about the valuation on this because one owner indicated there was no different kiixl of development to be considered for this property. However, it now seems there may be a possible change. Since this is near the edge of a residential zone, it is possible it may be used more beneficially in another way and Erickson would agree with leaving the valuation at $509,300. The property consists of three parcels at approximately four acres. Goetien asked to further discuss Page 5, Walter Wolfe. 1250 Spruce Place. 08-117-23 32 0008. She referred to Wolfe’s discussion of needed repairs at the May 9 Board of Review and asked if Mr. Wolfe’s statements were correct. Gail Navratil noted there was some updating of the home but Erickson was unsure as to what other improvements would be needed. Goetten also questioned Page #42. Albert Hanser. 1685 Fox Street. 03-117-23 44 0004. She noted the valuation doubled and asked about the reasons. Hurr added that the recommendation acmally was reduced by $55,000. Erickson stated the quality of the house was a factor since they had not been in the residence prior to the appeal. It was moved by Mayor Callahan, seconded by Hurt, to accept the recommendation of the Assessor on all properties not previously addressed. Ayes 4, nays 0. r MINUTES OF THE RECONVENED BOARD OF REVIEW VIEETESG HELD APRIL 28, 1994 Mayor Callahan indicated that anyone who appealed to the Ciw and was not satisfied with the decision of the Board of Review could appeal to the Hennepin County Board of Review. Those owners who did not appeal to the City still have the right to a court appeal. There were three leners received after the April 28. 1994 deadline. Erickson staled that if they received calls April 28 or the following day because of the weather, they could be added to the list of appeals with Council approval. Allan Klotsche. 2760 Shadvwood Road. 21-117-23 24 0Q4Q . submitted documentation that showed his purchase price was $275,000 while the market value was at $297,000. It was moved by Mayor Callahan, seconded by Kelley, to reduce the valuation for Allan Klotsche to $275,000. Hurr amended the motion to include the condition that if the sale was not an arm’s length transaction, the value should remain at the Assessor ’s recommendation of $297,000. Ayes 4, nays 0. Anthony R. .Soderman. 975 Wildhurst Trail. 07-117-23 12 0002 , submitted a written request to preserve his right to appeal and asked the Assessor to look at his property at a later date. It was moved by Mayor Callalian, seconded by Hurr, to accept the recommendation of the Assessor at $179,000. Ayes 4, nays 0. Richard Olson. 3115 North Shore Drive. 09-117-23 32 0013 , called the Assessor requesting his right to appeal to Hennepin County because he was unable to attend the meeting because of the weather. It was moved by Mayor Callahan, seconded by Kelley, to accept the recommendation of the Assessor. Ayes 4, nays 0. Mayor Callahan suggested to Erickson that whoever has the final contact with the property owner be present at the Board of Review meetings for questions. He also asked for documentation on the properties under discussion from the first Board of Review to be present at the Reconvened Board of Review. Adjournment It was moved by Mayor Callahan, seconded by Goetten, to adjourn the Reconvened Board of Review at 8:35 p.m. Edward i. Callahan, Jr. Mayor ATTEST: Dorothy M. Hallin, City Clerk n> iK /1 / M hA—i/iSSS^ %• REQUEST FOR COt?*CIL ACTION DATE: May ITEM NO.: ^ Department ApproTal: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1901 Tandem Properties - Peter Andrea Company. 2645/3025 Waienown Road - Approval of Private Road Name (Coffm Property) List of Exhibits A - Application for Road Name B - Plat of Coffin Property C - Section of Hudson Directory The applicant has submined three choices for naming the private road within the Coffin property. Staff recommends the secoral choice. Deer Run Trail, as there is a Deerwood Lane within the City of Plymouth and would pose a potential conflict. Extension of the public road within the Dickey parcel shall be called Countryside Drive West in order to distinguish from the original Countryside Drive that accesses from Willow. If the West was not added to the name, this too could pose a delay in response time by emergency vehicles attempting to access propenies from Willow Drive. The developer is given the opportunity to either use the standard street signs provided by the City at a charge of $75.00 each or to install their own signage that would be subject to the special controls developed by the Public Works Department. Applicant should provide detail information on any proposed private signage for the Public Works Director ’s approval. A stop sign will be required at the intersection of Deer Run Trail at Old Crystal Bay Road and Countryside Drive West at Old Crystal Bay Road. The cost of a stop sign is $75 00. The developer must provide direction as to how they wish to proceed with signage for their property. Staff Recommendation MOTION: To approve the private road name of Deer Run Trail within the Coffin property portion of Old Crystal Bay Road Addition. To funher require that the public road within the Dickey portion of the plat be named Countryside Drive West. Vote; ___Ayes,____Nays. Isv CITY OF ORONO Control No. A. The Subject of this request is: an existing private roadway. a proposed public roadway which is to be created as a - - - - - ?oSdl?ton of pending subdivision approval. B. Owner(s) of the subdivision Pr c. D. / \ u w T«^(iuest that this Roadway be known by The above owner (s) hereby request tnau the following name: Choice llo.H choice NO. 2 >eV//; /W Choice No./^ /tr 11 4ik^ (List three choices in order of preference.^^The^City_^^ names or approve a name a conflict, you will be asked to mak^Lrcioices ?he approved name will be used for all mailrng address and official identification purposes.) The above J®^^.^®2rt^affic^signI^anrsaid°oinIrts) hereby following standard street and traf installation. agree to reimburse the ^ f ^ seoarate Developer's(Sach signing may be required part of a separ Agreement and/or subdivision request.) standard city street name sign(s) - number required __ standard ’•STOP" sign(s) - number required- - - - - - - - - - The above owner (s) do ^«”'=y^|'city^of’orol!o Ms'^nrobligation to said public road, and that the c Y roadway has been approved maintain or service said road standards specifically by the City of Orono as meeting all puniic roau he completion of the paving. of owner(s): 'iHk mmm Date Date Date • r COFFIN SITE II■*a y»kr - PROPOSED SUBDIVISION F( AI OALLAM AVf ••......... — OAlxAS CT MG----------------- OA4.i-AS LA m C»« ...--.....- ?Ac*»AS cA A ••• ---------- :>a ^las la a a *,------------------- aAe*_AS AO ic sr fA«i rA^A|(X*« C A lA** 3A v®^AIA v£ AO ID :>Av'' S" 5'A "ama 5*> ••* **• A*. «•*"- :a sj • AA C- :•••* cA "AHA r* :aa «c «^ *»i *Ai * ah A^a * AA» Mr «M AHkAS :»A t3 -AHArAT*. 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' ir ii i; I ROLL MLNUTES OF THE REGULAR ORONO CITY COUNCIL ME^MSG HELD ON MAY 9, 1994 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------^Xl" The Council met on the above date with the following members present; Mayor Callahan, Councilmembers Charles Kelley and J. Diann Goetten. CoutKilmembcrs Gabriel Jabbour and JoEllen Hurr were excused. The following represented staff: City Attorney Tom Barrett. City Administrator Ron Moorse. Police Chief Stephen Sullivan. Building and Zoning Administrator Jeanne Mabusth. Assistant Planning and Zoning Administrator Michael Gaffron, Public Works Director John Gerhardson, City Engineer Glenn Cook, and Recorder Barbara Anderson. Mavor Callahan called the meeting to order at 8:53 p.m. (^1) LIQUOR VIOLATION HEARLNG PROCESS Mayor Callahan stated that there were three liquor license violations which would be considered by the Council that evening, and he noted that all three violations occurred on July 30, 1993. The first violation tKcurred at O’Sullivan s and the clerk responsible for making the sale to the minor pled guilty on the charges. Chief Sullivan reviewed the Police Report, and described the sting operation. He stated that the minor was working with the police in this instance. The owner of O’Sullivan’s was present and stated that they were usually very busy on Friday evenings and the clerk involved believed that the minor was older and saw no reason to card her. He stated this was the first time they have had a liquor violation in the seven years they have been in operation. To prevent this occurring again he had placed notices in his employees paychecks and on their time cards that the staff cannot assume someone is as old as they appear to be and they should request identification any time there is the least doubt that the person making the purchase is of legal age. Barrett stated that according to the Ordinance, given the evidence, upon conviction, the City Council shall revoke the license: however, as the violation was not a wilful violation, the City Council may suspend the license but not make that effective. He recommended that if this was what the Council wished to do. that an ordinance amendment be enacted to ensure that this would be applied uniformly in the future. It was moved by Mayor Callahan, seconded by Goetten. that as this was not a willful violation and given the circumstances involved, the license should be suspended for two days, and then stay the suspension for one year, and if there are no further violations, it will be expunged trom the record. Ayes 3. nays 0. The second liquor violation occurred at Jimmie’s Lounge, and Jimmie J. Holtz was present. Chief Sullivan reviewed the report and noted that the employee concerned pled guilty to the offense and paid a S200 fine. If there are no further offenses within a year, the record will be cleared. He noted that in this instance it was not a willful violation. Mr. Holtz stated that the minor was served, but the employee involved saw the girl arrive with a reserve police officer, and he figured that no police officer would bring a minor into a liquor MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9, 1994 (#1) LIQUOR VIOLATION HEARING PROCESS (CONTINUED) establishment and so he served her. Mayor Callahan inquired what had been done since to ensure that the situation did not occur again. Mr. Holtz responded that his employees had attended seminars and been required to read pamphlets to make sure that they did not serv'c minors. He noted he had checked identification himself to ensure that no violations were occurring on the premises. Mayor Callahan inquired if the bartender had been with him a long time and Mr. Holtz responded affirmaitvely. but noted that the man was no longer employed there. Chief Sullivan noted that the decoy used was a June. 1993 graduate and he felt that she appeared to be an average teenager. Mayor Callahan noted that the City Council was very concerned that that the liquor laws be strictly adhered to. It was moved by Mayor Callahan, seconded by Kelley, to suspend Jimmie ’s liquor license for two days, and then stay the suspension tor one year, and if there are no further violations, it will be expunged from the record. Ayes 3. nays 0. The third violation occurred on July 30, 1993, at Orono Self Service. Bill Wear was present. Chief Sullivan reviewed the report and stated that the same decoy was used and described the sting operation. The clerk noticed only the price on the top of the bottle and did not notice that it was beer, but tho ght it was root beer. The charges were filed and the clerk pled guilty. Mr. Wear stated that the girl did sell beer and they were responsible. However, he has taken steps to ensure that it does not happen again. He stated that all his employees are required to sign a statement before they are hired, which informs them of the minimum-age laws regarding the sale of age-restricted products, such as tobacco and alcohol. He also posts a sign on all the doors and windows stating that any person under the legal age trying to purchase cigarettes or alcoholic beverages will be prosecuted. It was moved by Mayor Callahan, seconded by Goetten, to suspend Orono Self Service s license for two days, and then stay the suspension for one year, and if there are no further violations, it will be expunged from the record. Ayes 3, nays 0. (♦#2) CONSENT AGENDA Goetten requested that items #8, #10, #11. and #12 be added to the Consent Agenda. It was moved by Mayor Callanan. seconded by Goetten, to approve the Consent Agenda as amended. Ayes 3, nayf 0. i MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9, 1994 APPROVAL OF MINUTES (♦#3) REGULAR MEETING OF APRIL 25. 1994 It was moved by Mayor Callahan, seconded by Goctien. to approve the April 25, 1994 City Council Minutes as submitted. Ayes 3. nays 0. PARK COMMISSION COMMENTS - Alexander Vongries, Representative Alex Vongries was present and stated that the Park Commission had decided to have a member present at all future City Council meetings to answer questions and keep the Park Commission informed of matters which were relevant to them. He stated that the Park Commission intended to have a bus tour of Orono park facilities prior to their regular meeting on June 6, 1994, and they would meet at 6:00 p.m. in front of the Council Chambers. He invited the Councilmembers to attend. PLANTSING COMMISSION COMMENTS - Steve Peterson, Representative There were no Planning Commission comments PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR’S REPORT (*/j'4) #1851 ORONO WOODLANDS, INC./PAUL PHILLIPS, 2100/2140 SIXTH AVENUE NORTH - FLNAL PLAT OF LOT LINE REARRANGEMENT - RESOLUTION NO. 3419 It was moved by Mayor Callahan, seconded by Goetten to adopt Resolution No. 3419 approving #1851 Subdivision of a Lot Line Rearrangement for Orono Woodlands, Inc./Paul Phillips at 2100/2140 Sixth Avenue North. Ayes 3, nays 0. (#5) #1881 JOHN WHITMAN, 1570 SIXTH AVENUE NORTH - CO^nDITIONAL USE PERMIT/VARIANCE - RESOLUTION NO. 3420 Gaffron reviewed the staff report. John Whitman was present and stated he was requesting the conditional use permit and variance in order to obtain access to the back portion of his property. He asked if it would be possible to obtain an extension for a year in case the MCWD decides to construct a sedimentation basin in this area. He had been informed by the DNR that the MCWD could not construct a sedimentation basin, based on Minnesota Statute 867.05, Subdivision 5. MINTITES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9, 1994 Mayor Callahan inquired if the applicant was going to wait to install the driveway until this issue was resolved, and Mr. Whitman responded affirmatively. Mayor Callahan noted that the Council would be inclined to grant the conditional use permit/variance for the usual period of one year, and if it was not constructed during that time, then he would have to reapply. It was moved by Goetten. seconded by Kelley, to adopt Resolution No. 3420 approving #1881 Conditional Use Permit/V’ariunce tor John Whitman at 1570 Sixth Avenue North. Ayes 3, nays 0. (#6) TLM HILLMAN, 400 LEAF STREET - VARIANCES The applicant, Tim Hillman was present. Mabusth reviewed the staff report and noted that since the Planning Commission review ot this application, it had come to staffs attention that there was an easement across the aoplicant s property, which created an excess of 1.1% lot coverage variance on the property. Kelley inquired if the applicant had considered shifting the building to fit inside the building envelope, and what was the hardship in this instance. Hillman responded that the house was 73 feet in length and there were two large trees on the property he wished to save. Also, he felt the location of the accessory structures on the property made it difficult to change the location of the house. He suned that the pole barn was on frost footings, but he was not sure about the remaining accessory structures. Mayor Callahan asked if Mr. Hillman intended to do the work himself, and Mr. Hillman responded affirmatively. Mabusth commented that the applicant would have 24 months during which time the exterior must be completed within one year. Mayor Callahan inquired about the old cars which had been stored on the property and Mr, Hillman responded he had removed them. Kelley inquired if there was a garage proposed with the new construction and Mr. Hillman responded that there will be tliree extra stalls for cars to be stored. Kelley stated that he felt that a hardship was not present in this instance, because the applicant was requesting the variance for the addition only to engage in his hobby of collecting antique cars. Mayor Callahan suggested that this item be referred back to the Planning Commission, and Mabusth noted that it would be placed on the next agenda. It was moved by Kelley, seconded by Goetten to refer #1912 Variances for Tim Hillman at 400 Leaf Street back to the Planning Commission for reconsideration. Ayes 3, nays 0. (#7) #1916 IRWIN JACOBS, 1700 SHORELLNE DRIVE - VARIANCE Mabusth noted that James Jenson was present to represent Mr. Jacobs but he had to leave However, the item could be tabled until the next meeting. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9, 1994 (r7) n9\(i IRNVLN JACOBS, 1700 SHORELINE DRIVE - VARIANCE (CONTINUED) li was moved by Mayor Callahan, seconded by Kelley, to table #1916 Variance for Irwin Jacobs at 1700 Shoreline Drive until the next meeting. Ayes 3, nays 0. (*#8) #1917 FRANK AND MARTHA BENTN'ETT, 315 TONKAWA ROAD CONDITIONAL USE PERMIT - RESOLUTION NO. 3421 It was moved bv Mavor Callahan, seconded b\ Goetten. to adopt Resolution No. 3521 approving #1917 Conditional Use Permit for Frank and Martha Bennett at 315 Tonkawa Road. Ayes 3, nays 0. (#9) #1920 PHILLIP OTTO, 4116 HIGHVVOOD ROAD - VARIANCES It was moved by Mayor Callahan, seconded by Goetten, to table this item at the applicant’s request. Ayes 3, Nays 0. (*#10) #1922 ROBERT AND ELIZABETH MELAMED, 1000 OLD CRYSTAL BAY ROAD SOUTH - PRELIMIN ARY SUBDIVISION - RESOLUTION NO. 3423 It was moved by Mayor Callahan, seconded by Goetten. to adopt Resolution No. 3423 apprtwing #1922 Preliminary Subdivision for Robert and Elizabeth Melamed at 1000 Old Crystal Bay oa South. Ayes 3, nays 0. #1923 ATELIER LESUEUR. INC., 2180 NORTH SHORE DRIVE - CONDITIONAL USE PERMIT - RESOLUTION NO. 3424 (*#11) It was moved by Mayor Callahan, seconded by Goetten. to adopt Resolution No. 3424 approving #1923 Conditional Use Permit for Atelier LeSueur. Inc. at 2180 North Shore Drive. Ayes 3, nays 0. (»#12)#1924 DON WINTER, 4620 NORTH ARM DRIVE - VARIANCES - RESOLUTION NO. 3425 It was moved by Mayor Callahan, seconded by Goetten, to adopt Resolution No. ^^25 approving #1924 accessory structure footprint area and location variances for Don Winter at 4620 Nort Arm Drive. Ayes 3. nays 0. (#13) REQUESTED REVISION TO 1994 JOINT USE DOCK LICENSE - SANDY BEACH Gaffron gave the staff report and stated that staff recommended the number of slips be limited to five, as there were five cabins remaining on the property. Mr. Zuckman was present and MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9, 1994 (#13) REQUESTED REVISION TO 1994 JOINT USE DOCK LICENSE - SANDY BEACH (CONTLNUED) stated that if his co-tenant were to purchase a boat, being limited lO only five slips w.’ould require that he find another slip elsewhere to keep his boat. He stated that he has a walkout apartment in the basement, and rents the upstairs. Mayor Callahan inquired it Mr. Zuckman were the owner of the property, and Mr. Zuckman respvmded that he was. Mayor Callahan then noted that it was within Mr Zuckman s purview to require that the co-tenant not have a boat, and Mr. Zuckman respond • it he could do that. Goetten commented she recalled the City Council taking that into account when they granted the license, and she felt that the number of slips should be limiied to the same number as the units on the property. Barrett felt that this was the intent of the ordinance, and it should be ^hered to. Goetten moved. Kelley seconded, to limit the number ot slips for Sandy Beach to five. Ayes 3, nays 0. (#14) 1994 MARINA LICENSES FOR: SAILORS WORLD, NORTH SHORE MARINA, CRYSTAL BAY SERMCE. LAKESIDE MARINA, AND MINNETONKA BOAT WORKS Gaffron gave the staff report and stated that staff recommended approval of the marina licenses. Mayor Callahan commented that he was opposed to statt taking so much time to work with the marinas to obtain compliance, and suggested that pernaps compliance might be obtained by denying the marinas licenses. Gaffron responded that this had not worked in the past. He noted that the list included in the Council packet was tor staff review, and not intended to be tied to the licenses for these establishments. Kelley stated that he felt that the Council should take a stand on this issue. Mayor Callahan stated he understood that the marinas had complied with the seven required standards. Kelley stated he was not in favor of granting a license to any marina that did not have their tanks licensed. Gaffron responded that he believed that all the marinas had been or were in the process of becoming listed with the Pollution Control Agency. It was moved by Kelley, seconded by Goetten. to approve 1994 Marina Licenses for Sailors World, North Shore Marina, Crystal Bay Service, and Minnetonka Boat Works, subject to the seven operation standards. Ayes 3. nays 0. MAYOR/COUNCIL REPORT Mayor Callahan commented that he felt the City would benefit from staff not constantly monitoring marinas and he felt there were other things that could be of more use. MINUTES OF TIIE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9. 1994 MAYOR/COLTS ’CIL report (CONTINLTCD) Mayor Callahan stated that he wished to discuss a number of items which were included in the City Administrator’s information packet, but would wait until the full Council was present. Moorse stated that the City had received a letter from the Andover Landfill owners asking that the City pay it’s share of the ct>sts of cleaning up the landfill area. He stated that this was the second letter he had received, and he understoixl that it was becoming the practice ot landfills to offer cities bargain prices to clean up landfills to which they may or may not have contributed, and threatening litigation if the cities do not help pay those cleanup costs. Moorse stated he had understtHKl there was some legislation proposed which would assist the cities in this, but since the session had ended and nothing was enacted, he was unsure where they stood at present. Barrett stated that (he City 's current insurance policy completely excludes coverage for pollution eontrol. He commented he believed it almtsst always came down to negotiation of a settlement between the landfills and the cities involved. He also noted that since Popham Haik was representing two other contributors they would be unable to represent the City of Orono in this matter. Mayor Callahan requested a report from staff regarding what was occurring on Kelley Avenue. He also stated that he felt they should hold another meeting to discuss the park survey questions because he did not feel that the proposed questions would provide the City with the information they were seeking. Discussion ensued regarding the proposed survey, and the Council felt that they should hold another work session to discuss it in depth. ENGINEER’S REPORT There was no Engineer s Report. (#15) 1994 SEAL COATING BID AWARD It was moved by Mayor Callahan, seconded by Goetten to award the 1994 Seal Coating Bid Award to Allied Blacktop in the amount of $36,277.50. Ayes 3. na>s 0. (#1<») ESTABLISH WORK SESSION Mayor Callahan commented that since only three Councilmembers were present he fell this item should be deferred to a later time. MIMTES OF TlIE REGULAR ORONO CITY COLTS’CIL MEETING HELD ON MAY 9, 1994 (•#17)EMPLOYMENT OF TEMPORARY EMPLOYEES AT GOLF COURSE It was moved by Mayor Callahan, seconded by Goetten, to approve the employment of kremiah Callaghan in the position of Groundskeeper helper at the rate of $6.00 per hour and Jack Peterson in the position ot Starter/Counter helper at the rate of S5.50 per hour with employment to start no earlier than May 10. 1994 and to continue for a period not expected to exceed six months from the date of active employment. Ayes 3. nays 0. CITY ATTORNEY'S REPORT There was no City Attorney’s report. (*#18)LICENSES It was moved by Mayor Callahan, seconded by Goetten, to approve the following licenses. Gambling License One Day - July 30. 1994 Resolution No. 3426 Methodist Hospital Foundation H, Kabler 2725 Rainev Road Special Event Permit June 5-6:30 a.m.-noon Gear West Ski & Bike/Stale Bank of Long Lake Duathlon (bike and foot race) Garbage and Refuse Collector Blackow iak & Son Sanitation & Rolloff Service 1195 Sunnyfield Road North Mound Wood lake Sanitary Service, Inc. 9813 Flying Cloud Drive 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 (♦#19)BILLS It was moved by Mayor Callahan, seconded by Goetten, to approve payment of the All Funds Account. Ayes 3, nays 0. 8 IW I MINXTES OF THE REGI LAR ORONO CH \’ COUNCIL MEETING HELD ON MAY 9, 1994 ADJOURNMENT It was moved by Mavor Callahan, seconded by Gocuen to adjourn the meeting. The tneeting adjourned at IO;38 p.m. Edward J. Callahan Jr.. Mayor ATTEST; Dorothy M. Hallin. City Clerk REQt^T FOR COL^CIL ACTION lyi DATE: ITEM NO.: > |k Department Approval: N mbc Jeanne A. Mabusth Till® Bmldtng A Zoning Administrator Administrator Reviewed:.Agenda Section:'^ Zoning Item Description: #1901 Tandem Propcities/Peter Andrea Company (Orono Limited Partnership), 2645/3025 Watertown Road - Final Subdivision - Resolution Li^ of Exhibits A - B - C - D - E - Resolution No. 3415, Preliminary Subdivision Approval Resolution Final Plat Pat Dickey Letter Undated Pat Dickey Letter 5/10/94 Park Dedication Fee Breakdown The subdivider has fulfilled all conditions set forth in the preliminary subdivision resolution and has submitted all required easements, covenants, deeds, payments for park dedication and filing fees. The final plat resolution has been drafted per the findings and conditions set forth in the preliminary subdivision resolution. Staff has included recent communications from Pat Dickey (E.xhibits C and D) concerning the park outlot as staff has been advised by subdivider that they wish to discuss this matter. The City is in receipt of the full payment of the park dedication fee for the first phase of the subdivision ($42,478.00). COUNCIL ACTION REQUESTED: To adopt or amend the enclosed approval resolution granting final plat approval of Old Crystal Bay Road Addition. A RESOLUTION APPROVING THE PLAT OF CRYSTAL BAY RO. D ADDITION FILE NO. 1901 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the Stale of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development ot land within ite City; and WHEREAS, the City Council has considered the application for the subdivision of a 25 lot plat by Orono Limited Partnership, a Minnesota Limited Partnership (hereinafter "the subdivider"); and W HEREAS, the subdivision has been found to meet all standards of the RR-IB Rural Residential Zoning District finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variaiKes; WHEREAS, lla subdividcr has completed all requirements of the platting regulations of the City, including: 1.Completion of all the requirements of Resolution No. 3415, the resolution granting preliminaiy approval of the Class III subdivision. 2. Dedication on the plat of drainage and utility easements. 3. Dedication on the plat of right-of-way for a public street shown as Countryside Drive West. 4. 5. Creation of a new private road shown on the plat as Outlot E to be known henceforth as Deer Run Trail. Concurrent with the creation of this private road, the subdivider has dedicated to the City a road and utility easement granting to the City permanent access, improvement and utility easements over said outlot; the subdivider has created non-exclusive ingress, egress, drainage and utility easements over said outlot in favor of all abutting lots including a declaration of covenants, conditions, restrictions and private roadway easement wherein any lot shall be sold. Page 1 of 4 8. 9. 10. 11. transferred and conve>ed together with an undivided 1/10 interest in said road outlet whereby bencfining 1(H owners covenant and agree to permanently mainuin and pay cost of maintenance for said private road. The subdivider has also created certain maintenance covenants wl^rein each of the abutting lot owners adjacent to the public road Countryside Drive West covenants and agrees to maintain and pay the cost of maintenance for said public road while it remains a cul-de-sac road and not a through road connecting to Willow Drive. The subdivider has dedicated to the City a temporal y road and utility easement over the area of the cul-de-sac not included within the 50' dedicated right-of-way of Countryside Drive West. The subdivider has dedicated to the City’ drainage easements over all detention areas, wetlands, and drainageways within the plat providing for limitations on the use of these areas and shown on the plat as drainage easements. The subdivider shall create private covenants covering the upkeep and maintenance of all drainage facilities. W-' The subdivider has created protective covenants for all lots containing protected wetlands not included within conservation maps of the City of Orono and the areas defined as mitigation area. Covenants have been drafted to include metes and bounds descriptions of the areas and maps defining the location of these areas within each lot. Dedication to the City of a bicycle trail easement along the east side of Old Crystal Bay Road located within Blocks 2 and 3 and a pedestrian trail easement located within Blocks 1, 2 and 3. Dedication by deed of Outlet A for future park use. Execution of a subdivider’s agreement providing for the installation of certain improvements as a condition of subdivision approval as follows: a. Detention ponds and drainageways. b. Private and public roads. c.Erosion control. Page 2 of 4 d. Bike trail and interior pedestrian trail (located only within Dickey parcel), c. Removal of all strucnires within Outlot A. f. Removal of all accessory structures on Lot I, Block 1 that do not conform to rc({uired setbacks from newly detined lot lines. g. Cleaning/upgrading of existing ditch that runs along the Luce Une adjacent to Coffin property. h. Replacing existing 18" culvert (to the west of the intersection of Luce Line and Old Cry stal Bay Road) which is in disrepair w ith a 12" opening at inlet. Install a second higher culvert through Luce Line to act as an overflow or lower elevation of the Luce Line at this location providing applicant’s plans meet the requirement that slope is no greater than 1%. i. Installing a iww culven under the horse trail in the area by the pond south of the Coffin property. The subdivider has posted a Letter of Credit in the amount of $308,122.50 to ensure that these required improvements are completed to City ’s satisfaction. 12. Payment to the City of a park dedication fee in the amount of $42,478.00. 13. Payment to the City for the legal review and filing of the plat, easements and covenants in the amount of $200.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Old Crystal Bay Road Addition, Hennepin County, Minnesota, subject to the following conditions: 1. The subdivider shall fence off the following drainfield sites prior to construction of roadway and drainage improvements and this fencing shall be maintained in place until lots are developed; Lets 1-6, Block 2, Lots 3-7, Block 3, Lots 1-10, Block 4. 2.Erosion control shall be installed as shown on preliminary grading and drainage plans and maintained until namral groundcover is restored. Pace 3 of 4 3. Engineering plans for public and private roads must be approved by the City before any land alterations involving road improvements can begin. No building permits will be issued until all drainage facilities have been installed and approved, and a satisfactory road base completed. 4 Stormwater/detention ponds shall be constructed prior to commencement of any other land alterations. These ponds shall be re-excavated to design elevations after the project has been completed to ensure permitted sediment storage capacity. 5. The designated wetland within Lot 7, Block 4 must be staked and erosion control installed prior to the inslailation of a driveway to the site ot the fumre residence. The fiimrc owner must obtain the required permit trom the MCWD as it will be necessary to fill a protected mitigation area w’ith the construction of the drive. 6 The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before November 23. 1994 together with a certified original copy of this resolution aM executed copies of the casements, deeds and covenants noted above. The approval granted by this resolution shall e.xpirc 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 23rd day of May, 1994. ATTEST: Dorothv M. Hallin, City Clerk Edward J. Callahan, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day ot May, ivw by Edward J. Callahan 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 4 of 4 OU3 CRYSTAL BAY ROAD ADDITION R~OOCMOCmmtmn Ml manm ___________ giw uimi—*1—ili^ Zb SummTmSSj* Hi» ^ wai >«'« MBTJH M iSIbaB i#UA Ml m MiMR «r Lit 1C Mac r«• «i «• «M CHli • Mai Miaa M. ic%ai«i Lar i i ■0»y I#—aitu V M a«r IS I arc I apifci m€$ nrtar^iM iMQr W3M»AdMflCML «CMii*a«MA ------------------------------- tfcaiia**** a ■— » — Ha»»T #*• IM»ri»l tH, LWMP a MdMiA or xtfiaii vra CQFFM •lA'^or atAA ilr A" ttMmnroF______> aMN !•»------- ik;*Ajr A Cafi |i aft iMk^tal aatftiMaiiCA ' ar C«^ rkkMa ajfM. MkT nCAO AM4 f HJPt: fCMkia M•a ^aa»aaaftaai«apfaaapM ^••AMMCaatalaat rai aC laa«Maa«aaanii kaataai ft*.r«aar U7M COUftTTC Aapaf ___ tMftaaa CwiQi tmtwtn MMM >araA •J*a>ia««i»caarK Ai tuvr aM..aiMait^ CkaaMlaiaa Li%AaCf;jrv. ala <arcf__________________»ft*____ 9^m aMltaCtaaiaaMiaaa-MTi^^iu4alaii ar^ »aC»aiiirHicaaai»C Car a* 'lia «aa»*i«. M4«a aa* aCkiaa aaaaaCwaaaa: larCiaa vkMM laiiM AMAnMaAft^ A zrry .AXcaOi cm IWl OTr or OMCNO MttMECOTA r » oanbiLaa ■aapia Uui.«M taavi aa*«aaA -iMTflOM N CTDO^mCM. MKNNCRNOCA.1i«ry muuT^ i>>— ____________________ WkMUftTAT Ma O oF-mxa UAMv r CAMu.^ HCicaiRMooyift^ tMa-va^oM ^__________________________ TA^AAT nONOAJOfllGIfi MV con - oai4 UMuntt mj&mAi«cr Trr^s, _________________________ COFFIN a OnONBEHa INC. ■CMMMOACCkWTt^^ SNccT 1 OF 5 SHEETS Ir. - .1 OLD CRYSTAL BAY ROAD ADDITION RTOOC.Na A-\* s i- >Mrr^m MAICMiMEC 'teESPfirr* •Qf ?is»cr>y «1L >.. C'' I * .*. "l i-—V *4h.> *;;n7 V r* i N»M A A.VV- I inrju*.' c Clr»r«^ c*^* 0$Xtf* s 4 *' Cmmf \^md •-W4 --r-r-^- —»«*W rA^W COFFIN & GRONBERa tNC. Fr«rliirrps~*ri^ ~*>■**nijco* - sfT'^Hcrr <<ys^MCTT«- SHe£T2 0F5SHE€TS OLD CRYSTAL SAY ROAD ADDITION Stdccwo COFFIN A GRONBERG. INC. EAttW lairiVmT*tUHYti>t>H4C>LIMi^^ ShtET 3 OF 5 SHEETS OLD CRYSTAL BAY ROAD ADDITION E TDOOJO. a..z '— gissM-n fcOf N . Jr /.Jrc* // Ia ^ V A>‘ • V'r-. J---------V- r ' } - 5 5 o-'l I 4", ' ''MKTCMLWf OSE sicrr 2 OF 6 Mns £f n* iu•ATnit__i~v I # Sk p# II an iljr^wrt^ i^UA mmu ______jt.. »« V; t r.• ^ .• '• . . *•*/ *.T«;/ —— i.MOTBirflbfw^ COFFIN « GRONBERG. INC. ?CNOL\iARSr.UU>OI~siLlRV^^ SHEET 4 OF 5 SHEETS !! aCITY of ORONO RtSOLLTlOrs OF THE CTH’ COUNCIL NO. S ^ ^ Option I A RESOLUTION GRANTING PRELIMINARY approval of a CXASS in subdivision for PROPERTIES LOCATED AT 2645 AND 3025 WATERTOWN ROAD - file no. 1901 W'HEREAS, Tandem Properties and Peter Andrea Company (hcrciMflcr the !subdividcrs“),on December 23, 1993 filed a formal subdivision appliwtion with the City for approval of a twenty-five lot residential plat of property legally desenbed as: Oullot A, Countryside Manor 2nd Addition, and Tract A, R.L.S. No. 1089, Hennepin County, Minnesota (hereinafter the property"); and WHEREAS, after due published and mailed notice in accordance with Min^sota Statutes 462 358 et seq. and the City of Orono’s Zoning and Subdivision Cod'^ ihe Orono »g Cotnmisston held public heanngs on January 18. 1994 and Febntary ^ time alfpersons desiring to be heard concerning this application were given the oppormmty to speak thereon; and WHEREAS, at their regular meeting held on .March 14, 1994, the Orono City Council considered -he subdivision application of the subdividers noting the following findings of fact: 1. The properties are located within the RR-IB Single Family Rural Zoning District requiring a minimum of two acres of contiguous ry ui land within each newly created lot. 2. The property contains a total of approximately 68.23 acres, with approximately 10 acres of designated wetland and retention/treatment areas. 3. The proposed plat consists of twenty-five residential lots, each meeting the minimum requirement of two acres of dry buildable area. Page 1 of 9 MH CITY of ORONO RESOLLTION OF THE CITY' COUNCIL NO. ^415 4. 5. 8 All lots meet the standards of the RR-IB Zoning District. All twenty-five lots have been found to have adequate and suiuble soils for on ­ site septic treatment facilities. A private road shall serve all ten lots within the first phase division of the Coffin property. The curb cut for the private road has been approved by the City Engineer finding tl.ere is adequate siting distance for egress and m p h. road. Countryside Drive shall be planed as a through road and dediwted to die public. There shall be a temporary cul-de-sac installed to the east side ^ Countrvside Drive West. The road, as it remains a cul-de-sac be maintained by private property owners. No additional curb cuts will be allowed from these properties. The Citv has determined that an e.xtension outlot for the private road in the first phase division of the Coffin property was not necessarv'. The City has approved the planing of backlots within the ten lot division of the Coffm property based on the following findings; Applicant is able to meet 150% of the area and setback standards required for backlots. The alternative of providing access to an extended road corridor or loop road would have the follow'ing negative impacts. • Loss of mature trees providing screening for existing development to w-est and maintaining natural amenities for fumre residential development of surrounding area. . Road extension or a loop road configuration would negate several septic test areas where property is severely limited by steep slopes and gentle sloped areas for the installation of mounds. • Potential impact on existing drainageway that drains to the west to Cygnet Place. a. b. Page 2 of 9 hrrnym />CITY of ORONO RESOLLTION OF THE OTY' COUMOL NO. 4 I 5_____ 9. a. b. • Extended roadway or loop road would impact existing residence on Cygnet Place with additional noise and headlights from private road use. The City grants a variance to the 26 ’ setback for certain grading and drainage improvenKnis adjacent to a protected wetland within Lot 1. Block 1 of the Coffin property division based on the following findings. The proposed improvement would be consistent with the objectives of encouraging land uses compatible with the preservation of natural landfonns. vegeution and the marshes aal wetlands. The proposal does involve development of land and water areas essential to continue the temporary withholding of rapid runoff of surface watc. which would create downstream flooding or pollution. 10 The Citv bas based preliminary approval of this plat on applicant s engineer and the City engineer’s repons and findings confirming that drainage from this residential development will not intensify drainage/nooding of downstream areas. 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 put application of Tandem Propemes and the Peter Andrea S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc. dated December 1, 1993. most revised date March 3. 1994, subject to the following conditions: 1 Countryside Drive shall be platted as a through road cormecting to Old Ciy-stal Bay Road. The roadway shall be dedicated on the plat. The developer shall grant easements over temporary' cul-de-sac areas not located '^^hm . "private wav Countryside Drive shall continue to be maintained by benefning private property owners until road is approved for pubHc L a through road. Cul-de-sac road wiihm first phase of Coffin p subdivision shall be shown as an outlet and recognized as * City is to obtain underlying road and utility easements over out o . _ shall develop private covenants for the maintenance of private P road to be maintained by private property owners. Page 3 of 9 o\CITY of ORONO RESOLtTlOiN OF THE CTH COUNCIL NO. ^ A -______ 3. 7 8 The subdividers shall be responsible for insulling 8' *'°"S east side of Old Crysul Bay Road as shown Cii? of Coffin & Gronberg, Inc., Job So. 93-411 dated March 31. 1994. fhc City shaU adjust the park dedication fee to reflect the subdivider’s cost for constnicting the trail and for the area of the 1.546' long bike trad. Prior to anv site improvements, erosion controi as shown on preliminary gradir^ L drainage plaas must be insulled and maintained until namral groundcover restored. Prior to site grading improvements all tested septic sites on the Coffin must be fencL off and the following lots in the first phase development of the Dickey propeny must be fenced off: Lots 1-6, Block 1 Lots 3-7, Block 2 Drainfields on Lots 1 and 3, Block 1 to be moved 5 ’ to east to allow for “^rl future bike had. Applicant <0 8---11 casernent o«r ^d Cmtal Bay Road bike trail along western A^plkan. shall be responsible for constnicting Old Crysul Bay Road bike trad as set forth in trail improvement plans of City of Orono. Well pit must be sealed within Lot 3. Block 2 of the Dickey propeny. The following lots have been found to contain prelected wetlands not designate on the City’s conservation area maps: Dickey parcel - Lot 2, Block 1; Lots 3, 4, 5 and 6. Block 2 Coffin property - Lots 1, 5, 6 and 10 Page 4 of 9 W J CITY of ORONO RESOLUTION OF THE Cm* COl'NCIL NO__________Z!____ The following lots will be involved with wetlands created as compensation or mitigation areas: Dickey parcel - Lots 1-6, Block Lots 1, 3, 5, 6, Block 2 Coffin property - Lots 1, 2, 3, 5, 6, 7, 8 and 9, Block 1. The developer shall create covenants to be filed on Chain of Titles of these properties advising future owners of the limitations on the use of these areas and the need to first apply to the Corps of Engineers and the Watershed District if any improvements are proposed at some future date before obtaining the necessary permits from the City. Applicant shall provide mapping and metes and bounds description in order to complete covenants. 9 All wetlands designated on City conservation map shall be shown as drainage easements on the plat. There are no designated wetlands within me Dickey property. Lots 1, 2. 7, 8 and 9 of the first phase division of the Coffin property have protected wetlands. 10. Outlot A. Dickey property, the three-acre park outlet to remain as park whemer there is historical significaiKe or not and shall be dedicated to me public. The area of me park outlot shall be credited against me park dedication fee. 11. The internal trails within the Dickey property providing access to DNR park and Luce Line shall be dedicated to me public. The internal trails wimin me Coffin property shall remain private. The areas of me interior trails shall be excluded from the lot areas of each adjacent or contiguous lot. The City shall not credit the area of mese trails against the park dedication fee. 12. A drainage easement shall be required over all retention ponding areas. Such easements to be recorded in me Chain of Title. 13. Developer shall create covenants defining future homeowners association responsibility for upkeep and maintenance of all drainage facilities. Page 5 of 9 or o\ m CITY of ORONO RESOUTION OF THE Cm’ COUNCIL Nn 34 15 14. The park dedication fee for the first phase subdivision of $77,351.00 shall be adjusted to reflect the cost of construction of bike trail on east side of Old Crystal Bay Road The estimated cost of constructing bike trail is $30,920 (1.546 x $20.00 per foot). The area of the trail shall be determined by subdivider s surveyor so that an additional reduction can be made to park dedication fee. 15 Applicant to execute Developer's Agreement to ensure all grading/draina^ irnprovements and road improvements arc installed to City ’s satisfaction. No land alterations can take place until erosion control is established and. septic siws fenced and the City is in receipt of final grading and road plans. No improvements can begin until City Engineer has approved all alteration/improvement plans. A Letter of Credit must accompany a fully executed Developer ’s Agreement written to 150% of the cost of the pioposed road and site improvements. No building permits will be issued until all drain^e facilities have been installed and approved and satisfactory road base completed. 16 Per DNR report of 2/17/94. the DNR must approve all plans and specificrUions prior to any construction taking place. The following improvements will be required by the DNR: a. Cleaning/upgrading of existing ditch that runs along the Luce Line adjacent to Coffin property. b. Replacing existing 18" culvert which is in disrepair. Applicant proposes 12" culvert at north end and 18" at southern end. c. Placing a new culvert under the horse trail in the area by the pond south of the Dickey property. d Install a second higher culvert through Luce Line adjacent to Coffin property to act as an overflow and to also allow mimmal lowenng ot the elevation of the Luce Line at this location providing applicants plans meet the requirement that slope is no greater than 1%. The following list of final submittals must be submitted to the weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: Page 6 of 9 CITY of ORONO RESOLLTION OF THE Cm^ COUNCIL NO. 8 4 1 _____ i. 2. Record plat drawings in the form of three (3) mylar copies (with one copy for the City ’s records and two for filing with Hennepin County) and one (I) copy reduced to 1" = 200 ’. Drawing to include: A. Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin and Gronberg. Inc. dated 12-1-93, most revised date 3-3-94. B. Dedication of "drainage and utility easements" as noted in Item 3 above. C. Designation and dedication of drainage easements over detention areas within both the Dickey and Coffin parcels. D. Designation of private road as outlot and Countryside Drive as public road. E. Dedication of Outlot A as public park. F. Dedication and designation of drainage easements over all protected wetlands within first phase plat. G. Naming of plat. Legal documents required: A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. Signed and executed Drainage Easements to be taken over detention areas within plat (see sample enclosed). D. Signed and executed Developer ’s Agreement and Letter of Credit for site improvements and construction of private and public roads, (see enclosed sample of Developer ’s Agreement and Letter of Credit) Page 7 of 9 CITY of ORONO resolltion ofjhe cm colncil - - . NO- --------------------- E Signed and executed Road and Utility Easements over private road outlet within Coffin property. Applicant to also create temporary road and utility easement over cul-de-sac areas within Countryside Drive not included within 50’ private road. F. Signed and executed Declaration of Private Covenants covering upkeep and maintenance of private roads, public cul-de-sac road and drainage facilities. G. Completed application for private road name on Coffin property (see sample of private road covenant enclosed). Please note the selection of the road name is a separate action of the Council and should be submitted as soon as applicant has completed the selection of three name choices (see sample enclosed). H. Completed private covenant for lots involved with protected wetlands not included within conservation maps of City and mitigation areas. The covenants should include map and metes and bounds descriptions. Covenants should be in a form suitable for filing. 3. Fees to be paid; Total due; $375.00***^ A. Final plat fee = $175.(X) B. Legal review and filing fees for subdivision and associated documents — $200.00 ♦' Applicant must complete payment for private and public road fees. Applicant is to contact Zoning Administrator for payment of first phase development concerning road improvements. Payment of adjusted park fee (total fee at $77,351.00) reflecting deduction for constniction cost ($y:.920.00) of bike trail, area of trail and park outlot. Page 8 of 9 o CITY of ORONO RESOLITIO.N OF THE CITY COUNCIL NO. ? 4 1 5_____ Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 25th day of April. 1994. ATTEST: orothv M./flallin. City Clerk Li5d^ar(f?^?a[lahan. ^f.^aVor / ) ss. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoine instrument was acknowledged before ine on this 25th day of Aprik 1994, by Edward J. cfllahln, Jr. & Dorothy M. Hallin, Mayor & City Orono, a Minnesota municipal corporation and said instrument was execu e Citv. W r/VDA S AHE PU0L.C - Mt*.NcSOTA CC- • i'T < L / Notary Public lUL Page 9 of 9 fvn SOM Dit* r Honorable Mayor Ed\%*ard J. Callahan, Jr. J. Diann Goetten, Council Member Gabriel Jabbour, Council Member Charles Kelley, Council Member Jo Hlen Hurr, CouncU Member *Hm!nurratorJeanne A. Mabusth, Building & Zoning Administrator Ron Morse, City Manager Gentlemen and Ladies: we understand that there might be a Ta^Tes D^Smem* We*Lw*lie°toXify an>' misconceptions with this letter and enclosed documents. plus acre park verses easements over a lOi Sincerely, Bill and Pat Dickey 210-693-8253 cc. Jim Ostensen Jim Deanovic ourtar ? *94 "■.“I • •?“■ M <MI « fI-h\ — 9«tfiola DlckMy 4tS yiit Rsck K0i4 .farljlm raH§, TX 79A^4 Ttipphcnw May 10, 1994 Orono Clfy Council Cvono, Minri*oota 4 ^ Ciar M^yor and mcnljar* of cha Oron*i city Counr.il, It r.aa con© to rcy attention that tliara aaoms to ao»n«r vcnfualvn i.nt concarn ywuuardlng tha" Anciont Onaa" aita on our fcrr.ar warai *-uwr, P.cad property as to it's propou%id uaa and availability tc the Nativs American pacpla. Tha " Anal one Or.«s»* site wsa primarily » gather Ir.iy plaoa for uuuiioii tnd Ontainony eo it over looked laks Minnetonka in thuae tiny a« We 'were also told by a r.adleina na.-i, Molvin Oreybaar , In a :3£cr«d uwcopii uorationy, that there arc tvo leadara buried at the top oC ths »j-«. As proviuua owners, and "keepers” of tha site, ve aaintsineci it as part of ouv hcraa paoturs, hut would allow no buildings on it, mspe wero (4w«at ledges at our l*arm also, however that prayor uaranony was held as a result of our friendship and participation with the :;ative community on a personal bsuis. They did arrive hov;«ver as a roeuit of the epscial place on the farm. 7ho intention ol the Native Americans, through :ay aaeoclation with Richard La Caard of the Whtto sarth Recovery project, is to waintaln the coveroignty or the epaca end to slr.gle it our aa a sacred area tc be left In a n«tur.\l condition with perhaps a small comweritive r.arker. Indian people do not "Ubs” Saored sites such as this except I or occasional Individual prayers and snail ccwtieratlon cereinoniec. 'Die raajor intont is to maintain the original state ujidisturhccl as a honoring place onto itself. native American people are tusy and Involved in .mAinatraam Abtivitiefi much ao all of Ue. f*he elta would only be ufiied spacJnciiy und noc lor large activitea such ao i*ow v/ow'c or Sun Dances, v.’e do"not h«lies/e tliat It v^ill again be used aa awaat lodge spaev uniasa the people are invitott to do flo. Again, the major intent is tc act ueide/ porserva and be a piece of honor for ALL people. It is luy .^cnd hope t.het seme day educational activities of a simple nature .may :0 hftld on the oite to infor.m ond honor all people. «c A.C .'f. ' . v^-^»^»¥• t>'.» unless V8 98 1 MOW can W» oppreolaca out Uwritaga p^-^er'-”-****■“ 5''^^' t?. pe=pl. wno can. ..fora, ^ha affortai concern and our .ntlr. ranllr J'^^^’si'hlppy *.o answer any question or l^.ere»t of tn. puS?,jn, prucaec.participate any way w« can uitn t.. Please feel ?>■••• « ”* “ I • Sincerely. PHASE 1 PARK FEE TANDEM PROPERTIES Dickey Property - Total acres excluding house lot = 37.71 acres Value per acre = $13,500.00 Total area excluding bike trail (.66 acres) * 37.05 Value of adjusted area = 500,175.(X) (37.05 x 13,500.00] Value of park outlet « 40,500.00 Adjusted valuation = 459,675.(X) Park dedication fee at .08% $36,774.00 Credit bike trail construction( 1,546 ft. x $20.00 per ft.] 30.920.00 Dickey parcel park fee $ 5.854.00 Coffin Property - Total acres * 30.52 acres* Value per acre * $15,000.00 Total valuation = $457,800.00 Park dedication fee 08% $36.624.00 Phase I Total Park Fee $42.478.00 *House lot not included in first phase CITY OF ORONO P.O. Box 66 Crystal Bay, >IN 55323 473-7357 (j> APPLICATION NO. 1916^^^4^ NOTICE OF COUNCIL Date of Notice: 5/16/94 ^ /O q TO:Mr. Sc Mrs. Irwin Jacobs 1700 Shoreline Drive Wavzata, MN 55391 COPIES:James N. Jensen Jensen Homes. Inc. 601 Lakeshore Parkway #1225 Minnetonka, MN 55305 TYPE OF APPLICATION: Variance DATE OF MEETING: May 9. 1994 VOTE:3 FOR 0 AGAINST COUNCIL ACTION - MOTION: To table all consideration of your variance application until either the applicant or an auihori/ed representative is able to appear before the Council. In a telephoiw conversation of May 10th, Jim Jensen advised that he would attend the May 23rd meeting of the Council to represent application and to respond to any questions Councilmembers may have. BPS: Mayor and Councilmembers - Refer to packet information of 5/9/94 meeting. Please contact staff if you have misplaced yours and additional copies will be sent to you. CITY of ORONO Ki:2!ULunoN OF TUF cm* coinvciL NO____________ A RESOLUTION GRANTING A VARIANCE TO MUTaCIPAL ZONING CODE SECTION 10.03, SLISOrnSlON 9 (Q FILE NO. 1916 WHEREAS, Irwin and Alex Jacobs (hereinafter "the applicants") are the owners of the propeity located at 1700 Shoreline Dnve within the City of Orono (hereinatter the City ) and legally described as follows: refer to Exhibit A (hereinafter "the property "); and ^ardhouse a. 160 sX requiring a vanan^ lo the allowed total area of ^pro^rty proposed at 10,793 s.f. where only 6.000 s.f. ,n area is allowed and where 10.633 s.f. exist. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS 1 This application was reviewed as Zoning File ^1916. The oroperty is located in the LR-IA Lakeshore Res.iential Zoning JequiriTt^o acres in area. The property conststs of a toul of 33 acres w.th 24 acres of dry buildable. 3.The Orono Planning Commission reviewed this application on April 19W »nd recommended approval of the after-the-fact variance to Section 10.03, Subdi 9 (C), based upon the following unique findings and hardships. The current accessory structure ordinance does not provide standards for an estate use. Such use does require special consideration. Page 1 of 4 4 I ^ii :vi oT ^o\\ 'll CITY of ORONO RESOLITION OF THE CITY COINCIL NO________________ B. In September of 199?. the City approved a similar vanance allowing total area of accessory structures on the property at 10,633 s.f. where 10,98,i.S s.f. had existed. The current application proposes total accessory structure area at 10,793 s.f. C. The applicant had advised the City in the fall of 1993 of the immediate need to insull a sophisticated security system on this property involving installation of a guardhouse at a strategic location to the entrance. D 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. E. 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 cxpiedite construction of the guardhouse. F 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 conditions, light, air nor Mse 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 mtent of th.j Zoning Code and Comprehensive Plan of the City. 5 The Citv Council has considered this application including the findmgs and recommendations of die Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety ana welfare of the community. 4. Page 2 of 4 fym V m CITY of ORONO KiBOLUTlON OF THE CITY COUNCIL ■NO._______________ A-1 S**Sho ^ CONCLUSIONS, ORDER ANT) CONDITIONS Based upon one or more of the findings noted above, the Orono City Council 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 bv this resolution run with the property not with the applicants, but are permissive only and must be exercised by application tor a building permit within ten days of the date of Council approval, or the special conditions of this resolution will expire on that date (June 6, 1994). 3. 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. 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 assign, hereby agree to the recording of this resolution in the Chain of Title ot the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meetmg held on the 23rd day of May, 1994. ATTEST: Dorothy M, Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner (s) Page 3 of 4 CITY of ORONO RESOLimON OF THE CITY COUNCIL NO________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of May, 1994 by Edward J. CaUahan, 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 dav of 199 before me a Notary Public within and for said county, personally appeared ----------------------------------------:---------------- known to me to be the person(s) described m 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 Notar>' Fhiblic 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 j CITY of ORONO RESOLLTION OF THE CITY COUNCIL NO_________________ EXHIBIT A That °°''|f"^"ch^Vdescribed “''the seginniic^li V point 6 . 5"t;-:®."®“5nd*'settion"'l0 : “the thence southeast corner of jo the shore of Sound Laxe, running north 20 cnarns .^cr. o-_--_^ westerly and northerly so-calied: thence , ‘<53, corner in the north shore or shore of said Lake ,B ,nd 11 in said Townshrp and said Lake and =stween ii„e between said Section -0 Ranee; thence no^-n on ^ right-or-way and il to the ^ou whe-- Northern Railway thence soutn Minnetonka Brancn o^ 1,.. -i , „o of said rieht-or-way -o -he wes erly along .I®';:;®-J'..'a » * • • ^ said rich point or the i;'^“®®=J=“/S°ne”f%aYd“^^^^ thince“turning and feet, ncre or ^ at the sane time 30 4 feer south o- west line of sard laOt ^ -hence, south on a line paralle. the north lianc from the west line of with and cistanw 2-3 6 * ® ~ - Toe s . to the north snore o-witn anc ---------Toes to the nortn shore of^7 1 .016 feet more -1. --sS, ^ eaid shore or saic Lake LS°nkl%o:?"“laT“c^“i^ - s*ur*vey whersof; sne V 1 M* listen all in Hennepin Count/r Minnesoca. Lot 2/ Bloc.k I, M;.ilSwCn, u REQX jEST for COL^'CIL action DATE: May^^l9^ ^ ITEM NO.: it q Department Approval: Name Michael P. Gaffron Tiile As&isiant Plaaaing &. Zoning Administrator Administrator Reviewed:A»'.*nda Section: Zoning Item Description: #1918 James K. and Julie Ann Lynch-Daniels. 1225 Orono Oaks Drive - Conditional Use Permit/Variance (Renewal) - Resolution Application: Renewal of Conditional Use Pemit and Variance Granted in 1988 for Construction of Driveway List of Exhibits A - Resolution B - Planning Commission Action Notice 5/20/94 C - Site Plan D - Survey E - Flowage and Conservation Easement Locument F - Memo and Exhibits of 4/13/94 Discussion Please review the memo and exhibits of April 13. Briefly, applicants request renewal of the conditional use permit and variance for construction of a driveway which encroaches into the 26* wetland setback but not into the wetland. The original approval was granted to a previous owner :n 1987, who commenced driveway construction but never completed it and never built a home on the site. The applicants have submitted a building permit aoplication and plan to finish construction of the driveway as previously approved. Staff b'*' .conferred with the MCWD who will not require a permit since no additiorial fill within thr wetland itself is proposed and since the original project was approved during the time frame which qualifies it for a Wetland Conseivation Act exemption. Staff Recommendation Staff recon mends approval of a conditional use permit and variance for driveway construction encroaching within the 26’ wetland setback zone for James K. and Julie Ann Lynch- Daniels at 1225 Orono Oaks Drive per the attached resolution. COUNCIL ACTION REQUESTED: Adoption of attached resolution approving variance/CUP. A RESOLUTION GRANTING RENEWAL OF A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND GRANTING RENEWAL OF A CONDITIONAL USE PERMIT PER SECTION 10.55, SUBDIVISION 10 (B) FILE NO. 1918 WHEREAS, James K. Daniels and Julie Ann Lynch/Daniels (hereinafter "the applicants") are the owners of the property located at 1225 Orono Oaks Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 7, Block 1, Orono Oaks, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono for renewal of a variance and conditional use permit previously granted via Resolutions No. 2305 and 2413 to permit the consrmction of a residential driveway within 26’ of a designated wetland area within the property, requiring excavation, fill and grading within the 26 wetland setback zone where such instruction is not normally allowed per Zoning Code Section 10.55, Subdivision 8, unless a conditional use permit is granted per Section 10.55, Subdivision 10 (B). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1918. 2. 3. 4. The property is located in the RR-IB Single Family Rural Residential Zoning District. The property is approximately 4.2 acres in total area of which approximately .33 acres was designated as protected wetland area as part of the subdivision of Orono Oaks in 1978. The dry buildable area within Lot 7 under the current apparent wetland conditions (below elevation 952.0) is at least 2.08 acres. Approval for a direct crossing of the wetland was initially granted via Resolution No. 2305 on November 23, 1987. The property owners at that time attempted Page 1 of 5 7. 8. 9. 10. 11. to construct a driveway through the wetland but due to soil conditions at the site of that approved driveway, construction was halted prior to completion because it was determined that successful completion of that driveway would not be technically or economically feasible. On April 8. 1988, the then propert>' owner submitted a formal request to the City to allow construction of a driveway in a revised location, requiring an easement through Lot 8. Block 1, Orono Oaks (1335 Orono Oaks Drive) which easement has been recorded as Document No. 1934617. The Council at that time found that the majority of the proposed driveway would be located 26’ or more from the wetland on Lots 7 and 8 except for a portion of approximately 100 ’ in length which is less than 26’ from the edge of the wetland bi\ not within the wetland. The Council further found that the proposed driveway will cross a desicnated drainageway which could be feasibly crossed in conjunction with the use of a 24" culvert, which would result in no impediment to current or expected flows through that drainageway. yjig granted approval for such wetland setback encroachment and drainageway crossing per Resolution No. 2413 adopted on April 25, 1988. The then property owners commenced construction of such driveway but failed to complete construction of the driveway and abandoned the project. The applicants have purchased the property tor construction of a new residence and request approval to finish construction of the driveway and drainageway crossing in order to construct a residence on the property . A revised wetland Conservation and Flowage Easement was granted in 1987 per Document No. 1896945. The Orono Planning Commission reviewed this application on May 16, 19^ and recommended approval, finding that the driveway completion will require no additional weUand encroachment past the existing partially completed driveway boundaries, and finding that, as documen ,d in prior City Council resolution, there is likely no other feasible method of accessing the property. Pace 2 of 5 12. The Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property >n this zoning district, that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 13. The City Council finds that granting a conditional use permit to allow the construction of a driveway encroaching within 26 of this designated wetland 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 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 Orono City Council hereby approves renewal of variances and conditional use permit granted via Resolution No. 2413 to construct a driveway within 26 ’ of a designated wetland where no grading or filling is normally allowed, subject to the follow ing conditions: 1, Construction of the driveway shall not be recommenced until applicant or his contractor obtains a land alteration permit from the City. Such land alteration permit shall be in addition to the building permit for a new residence which is anticipated to be issued shortly. 2. The proposed driveway shall be constructed per the site plan attached to this resolution as Exhibit A. 3, The culvert at the drainageway crossing under the driveway shall be 24" in diameter. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only. Driveway construction must be commenced within one Page 3 of 5 5. 6. year of the dale of Council approval, or the special conditions of this resolution will expire on that date (May 23, 1995). Violation of or non-compliance with any of the terms and conditions ot this resolution shall constitute a violation of the Zoning CcK.’e, shall automatically terminate any authority granted herein, airf shall be punishable as a misdemeanor. The undersiened applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby aeree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of May, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Julie Ann Lynch/DanielsJames K. Daniels Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of May, 1994 bv 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 4 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared--------------------------^--------------------- known to nic 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 m and who executed the foregoing insmiment, andlcknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 5 of 5 CITY OF ORONO P.O. Box 66 Crystal Bay, \IN 55323 473-7357 ZONING FILE #1918 NOTICE OF PLANNING COVLMISSION ACTION DATE OF NOTICE: May 20. 1994 TO:James K. Daniels 533 Harrington Road Wayzata, MN 55391 TYPE OF APPLICATION: Renewal Variance/Conditional Use Permit DATE OF MEETING: 05/16/94 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted Applicant’s next scheduled meeting is confirmed as: City Council, Monday, May 23. i994; meeting starts at 7:30 p.m If you desire certified copies of the off.cial Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. jm t •. ; * ».■ * « 9 ' i* * * • « :v .V ' i- 0 >, # • i* s' ■ • .* • 4 *• • / 1/ • •«1 ^0^^ $~3nmcr \ * A ^ \ * % -PFl^Aif • TRANSFER ENTERED rF 1 ^JPI<C «K'. ®wS )EC 21 1987 L ^PjSt'*'N CO'^N’^ltAX, THIS ‘JislS’] SsM^cJ°!^'^lfe!’ani their anc bet»een Gerald 0. *^,j.g*'nafter collectively referred to as the heirs, »s*^*^*’ *"p,!'^^Vnrono its succ'’ssors and asslQns. s <nunlcloal “Slr.JLlTtnS? sut. of -lro„0t, (h.r,l^ft,r r,f,rrM to •s the Grantee). ^^IT^CSSETH, Grantors, for J^^|!|®^J*”ti°COv^n^*?ant,*^lft°*S^ ($1.00) and other valu^lecor^lder =• ’ ^ Grantors aoree to limit claim and convey to gr^tee ^ to res^«^ concltlons and S2irt',?ere^ SniaE tTefollowing descried Land In the County of Hermeoln and State of Minnesota. rf •/) 'H That oart of Lot 7, Block 1, ORC^C OWS, record'd olat tSreSf! l?lng noriharly of the follelno -scribed line. 1 an alOHQ the 3 I-• a to««.cioo 01 'UT» 7l~t« »'.Ic«."-'.°t? ,,wii«a M,riflg of '*’'1,^1/501 7 o distal* of ”a hortneasterly line of said Lo , ^ ^ thence South 68 SS«.'oS« s; K U> sr".; s :isu! ?? si «u i«:«of^sald tot 7 end there tetsl"atlng. at follO"s:. -J 1. Grantors hareby covo'iant and aoree: A. No structures i^iJ,dl^**ittwt^llmltatlo^^ebove. or beneath t^Land jnclixJl^ait^t^i^^^^^ lilKoStJ; M*S; other’structure or lecrovement Inconsistent -ith the naturel state of the Land. Grantee. C. No earth, loam, oeat, from^the^iarKi^a^ or substance shall be °q/* whatsoever or any change of SoloSSSlS “ «l».n codoonf Of Of,ot... V? STATE OF MINNESOTA COUNTY OF HENNEPIN CsftttM to be 8 true and correct cesy of Da original on fJe and of racord m my otfica HAY M 199* R Dan Carlson. Registrar of Tillae Deputy r Kjn MCA c^all be r^Ce of t^e Land e*ceot uses, If any, which will situated tnereon. r Grantee MV enf r uoon the !.and for the ourop^es of Insoectlon S tS covets contained herein anc to cause to Oereisr,rTr^o.“thi^.nS^rhout >i;ss”’uhThr .no tn. n.tor.l .u« of tn. L.no. over and uoon any or all of the Land. 3. Grantors herein do hereoy re«ls*, «!«««• u^JfMcJrl^nd'Uloveet discharge, forever, the Cr^tee a;^ all of Its off^ “nitss "tresoast with eater elthln terms of these agreements. in addition to any other remedy ^ha Grantee wyha^. the covenants and restrictions contained herein may be enforced Injunction. forth. •| f , • » ; I .• •i. The Crentors herein certify tha^e Land herein described are free end clear of all ancuabrancaa a«caot: M3>« oartlaa hereto. ^ ^ tslund Olana L. Nasiuno I V ! I i ! ! . 1 I ^(Lk'LOU^ STATE or MlMC50tA ) Mcur^cdP^) COUNTY OF ss. are. oersonaiiy s»ie as their free act and deed.v^^^^ -•. * O' ••'^ h-ln-^o mV C^ISjION tw-iALS -•. • Ve • \i This lnstiM»«ent was flr«ft®'> i t-iJWM. HAIK, SDWICH, KAU^ A^V, LTD. 4344 lOS Center, MinneeooUs. NN 55402 (612) 335-9331 ^ / . / ?i5‘' h • • • •., • t • 4 1 !•••• <• • • 1896945 ’Ji>•-•*:.4. tx- ornct Of THt KCISTRA* Of lifixs (tCNNtPIN COU.N«T. MINNCSOTA CERTIFIED FILED ON DEC 21 ICOStfl^ Of Tfl -3 .otPun c© i.T. CITY OF ORONO P.O. Box 66 Crj’stal Bay, MN 55323 473-7357 ZONING FILE #1913 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; 4/20/94 TO;James K. Daniels 533 Harrington Road Wayzaia, MN 55391 COPIES TO; T\TE OF APPLICATION;Variance Conditional Use Permit DATE OF MEETING; 4/18/94 VOTE;6 FOR 0 AGAINST Planning Commission recommends the following; Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: Planning Commission had questions regarding the application. No representative was in attendance to discuss the application. Applicant’s next scheduled meeting is contirmed as: Planning Commission Monday, May 16, 1994; meeting starts at 7:00 p.m. Please contact Mike Gaffron at 473-7357 if you have questions. You or your representative should plan to be present on May 16th. If you desire certified copies of the official Planning Commission minutes, diey are available from the City Recorder after review and approval by the Planning Commission. 7 - 5irlF \ s f L. jlMX ■ To: From: Chairman Schrocder and Orono Planning Commission Members Ron Moorsc, City Administrator Michael P. Gaffron. Assistant Planning & Zoning Administrator Date: Subject: April 13. 1994 #1918 James K. and Julie Ann Lynch/Daniels, 1225 Orono Oaks Drive Conditional Use Permit/Variance (Renewal) - Public Hearing Application: Renewal of conditional use permit and variance granted in 1988 for construction of drivewav Piertinent Code Sections 1. Section 10.55, Subd. 8 - Prohibits filling within wetland or within 26 ’ of a wetland. 2. Section 10.55, Subd, 10 (B) - Requires a conditional use permit for work in a tlood fringe district. List of Exhibits A - Application B - Plat Map C - Property Owners ’ List: D - Survey E " Resolution No. 2413 F - Staff Memo 4-21-88 Summary The subject property is Lot 7, Block 1, Orono Oaks, one of the few vacant lots remaining in that subdivision. In 1987 a variance and conditional use permit was granted to the previous owners. Mr. and Mrs. McCaffrey, for construction of a driveway through the wetland between the cul-de-sac and the high ground (see survey. Exhibit D). They proceeded to construct such a driveway, but thousands of yards of fill Just sunk away and no driveway was ultimately deemed possible at that location. They then requested and were granted a variance and conditional use permit for construction of a driveway on the adjacent Lot 8, which at that time was owned by the developer of the subdivision, Gerald Neslund. This driveway encroached the 26 ’ wetland setback, including fill right up to the edge of (but not into) the wetland. The driveway was only rough- graded, and never completed, nor was the required 24" culvert installed. The McCaffreys at that time ran into financial problems and eventually lost the lot. It has been purchased by the Daniels ’ and they are requesting a renewal of the variance and conditional use permit for construction of the driveway through Lot 8. Zoning File #1918 April 13. 1994 Paee 2 Wetland Encroachment The driveway as rough-graded brings fill to the edge of the wetland as defined by a 952.0’ elevation contour. The City was granted a conservation and flowage easement over a smaller wetland area as part of the 1978 subdivision, but review in 1987 indicated the wetland was significantly more extensive. A new flowage and conservation easement incorporating the enlarged wetland boundaries using the 952.0’ contour was granted in 1987. Given the driveway base work in place, staff would suggest the following conditions for renewal of this application: • Prior to Council approval, applicants ’ surveyor to stake centerline of easement to confirm driveway will be within said easement. • No additional filling can be allowed at the point where driveway abuts edge of wetland (about 50-100 ’ south of road). Filling in this area would likely require MCWD. DNR and Corps of Engineers approval. • Prior to review by Council, applicant to provide certified copy of driveway easement over Lot 8. • Applicants to provide certified copy of executed flowage and conservation easement granted in 1987. • Additional conditions of approval discussed in prior resolution: a. b. c. Since land alteration permit #00623 has expired, applicants ’ contractor shall obtain a new land alteration permit for the driveway construction. Applicants shall call for a final site inspection upon completion of the new driveway. The culvert at the drainageway crossing under the driveway shall be 24" in diameter. Applicant is advised to contact the Minnehaha Creek Watershed District to confirm whether they will require any permits for the new driveway construction and whether they are satisfied with the restoration work completed in 1988 (no further restoration of the aborted driveway site will be required by the City). Staff Recommendation Staff recommends approval per the conditions as noted above. (■' i. r:nc W 4 • * wT 'IW A ^ -I r!% Ci^ *» ) '1 w 1i; cm- Of'oRONO - GENERAI- LAND USE APPLICATION or- -o oaks Drive #"TTV r-Cwill C‘l «.*I^C'ltUrv;^:;*Airr *rrrrrf Aivr^iwi* c't ' jki.4. i V^ ,^ '•‘I ‘>>VVV^A w* V«» W' vv* w rr vV A c*4»i T i W f A 1 VV • V f A* > A V \/ • VW« « < V « V w • ■ • •• .- ■ • .*•■ • .• ^ a ^ • Property Meorifioti* applicant Julie Ann Lynch-Daniels Ntmc James K D<^pislS—------- rirv Wavzata A/^rgai 5 33 Harrington RAi------------------ Phone fhome^ 44q-4fi44 Phone (woriO__54izM5i vU/ ib>. Zip ssiQl OWNER (if different Uian applicant) Name Same Address — Phone (borae). Phone (work\ Zip. ~ $123.00 Residential Accessory Use -------- $200.00 Institutional (church, school, etc.) ------ $173.00 Guest Housc/Guesi Apartments -------- $150.00 Duplex Credit/Bldg ^ --------$250.00 Cotnmcrcial/Industnal Use --------S200.(mAn^^ ^ desi*n««I wetlund or floodplam Aftcr-ihe-Paa Fee - Double Current Application Fee OTHER A^CATIOW f„,) --------$250.00 Vacation --------$173.00 Easement Vacation — c 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 X Other (specify). (momh/year) 1 f •. nc Will uT ‘ w“ f <WCoW / ^ AiREQUIRED SUBMITTALS / - - 1. Completed A^liciuon Form. \ ^fid p52J^“List of owners within 350' (you cnn^in ' Hennepm County Depuunent of Fiiuiice. A-603. Government Center, 348-3271). j; ------Snincele of Survey (signed by J iicensed surveyor) - refer to hendout for survey 6 Anach legal dcacription to application if not included on required survey, j -------Topographic survey (existing and proposed contours) if land alterations mvoWe 8. iSroniw lcgai*n^ Vlud^ m»riul salus) of all peraons with an interest in the property. ’Htis would include natne(s) of applicant(s) if not current owncr(s). 9. ConstrucUon plan, if appUcable (sec suff for rcquiremcmsy 10. As an addendum to this application, please attach a separate list of any o h p you wish notified of this application. jss 'Ksss ™ * 'srK!iS“r5r^iif’sss5 SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to e submitted.) •me Applicant and Propcity Owner must sigu ilus application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Laud Use Application is complete. Initials of Clerical Suff:._________________________ ----------------------------------------- Thf appliMnt hcreby^a^^^ provide all information required or requested by the Zoning ISmfSoJ a««s ll pay additional fees (staff time nut covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the i ormauon supplied is true and corre ato the best o^s/herjenov^ge. Appnc«.fs D..C ^ArAt... Kto^edges «*) igrees to this application >ad entry onto the property by City sUff. consultants, agents, commission members, and members for purposes of investigaiiou and verifi^on of this request. ^______Date iJi-vhy ______Owner’s signal Aoollcaot nmto haveaH^mitials into the City ofncei 25 days before the Planning Coinmssion CommiSsionTSwlm^are held on the third Monday of each month. Appllcanu must be meetina review meetings of the Planning Commission and Council. If an applicant is unable *° •”“!* * * . Zoning Office pleaat make^angementi to have an authoriied agent attend in your place and advise the Building & Z g of tbii change prior to the meeting. RUN OAn MTCH 004 HEWCRIN COtMTV MOKRTY INFORMATIOH SYSTEM RRORERTY ONNCia LIST RCRORT MO. RI4S5401 PAGE 10PROP AOOR (MCR NAME TAXPAYER NAME/AOOR 02-117-E5 a OOOZ »0 SMITN AVE P V A A H ALNORTH PETER Y ALNORTH AMY H ALNORTH AO SMITH AVE NAYZATA m S5S01 5S S5-116-2S 55 ROOT 01555 ORONO OAKS OR 0 H SMAN AMR SHAN OONAID H A MARLENE R SHAN 1555 ORONO OAKS OR LONG LAKE m S555A 58 35-110-E5 55 0010 00050 ORONO ORCHARD RO N J L MURPHY ASS SMITH JAMES MURPHY A SANDRA SMITH 50 ORONO ORCHARD RO N NAYZATA m S55T1 PROP AOOR OMCR NAME TAXPAYER NAME/AOOR 58 55-118-Z5 54 OOOZ 00058 AOORESS UNASSIGNED STATE OF MUM STATE OF MlfM lONRI I LUCE LU€ TRAIL 1 58 55-118-Z5 58 0005 00058 ADDRESS UNASSIGNED 6 MARC HMITEHEAO ETAL C HARC NHITEHEAO IZZO LYMAN AVE NAYZATA »M 55591 58 5S-118*ZI 58 0008 OIZZO LYMAN AVE 6 MARC NHITEHEAO ETAL 6 HARC NHITEHEAO IZZO LYMAN AVE NAYZATA m 55581 PROP AOOR OMCR NAME TAXPAYER NAME/AOOR 58 5S-118-Z5 58 0005 00080 ORONO CKCHARO RO N OAR STRUYK D A A BARBARA A STRUYK 80 ORONO ORCHARD ROAO N NAYZATA HN 55581 58 55-1I8-Z5 58 0007 015Z0 ORONO OAKS OR 0 0 A A N CARLSON NILLIAM A BEVERLY JENNEY JR 15Z0 ORONO OAKS OR long lake m 55554 58 55-118-Z5 58 0008 00058 AOORESS UNASSIGNED a BOROSON A N C BOROSON BRENT H A NANCY A BOtOSON 5707 HNY 7 81Z5 ST LOUIS PARK m 55814 PROP AOOR ONNER NAME TAXPAYER NAME/AOOR 58 35-118-Z3 58 0008 00058 AOORESS UNASSIGNED 0 T GAROELLA A T GARDELLA OAVIO T A TRESA GARDELLA 1Z50 ORONO OAKS OR LONG LAKE MN 55554 58 55-118-Z5 58 0010 01Z50 ORONU OAKS OR OAT GAROELLA OAVIO T A TRESA GAROELLA 1Z50 ORONO OAKS DRIVE LONG LAKE IM 55554 38 55-118-Z5 58 0011 OIZOO ORONO OAKS OR J TOMHAVE A B K TOMHAVE JONATHAN A BEVERLY TOMHAVE IZOO ORONO OAKS OR LONG LAKE MN 55354 PROP AOOR ONNER NAME TAXPAYER NAME/AOOR 58 55-118-Z5 58 001Z 00058 AOORESS UNASSIGNED J DANIELS A J LYNCH-DANIELS J DANIELS A J LYNCH-DANIELS 555 HARRINGTON RO NAYZATA MN 55591 38 55-118-Z5 58 0013 01355 ORONO OAKS DR S K NELSON A J N STEHART SUZAIME NELSON/JAMES STENART 1535 ORONO OAKS DR LONG LAKE »M 55354 58 35-118-Z5 85 OOZE 01180 LYMAN AVE B E PALMER A J M PALMER BRIAN E A JULIA M PALMER 1190 LYMAN AVE NAYZATA MN 55581 PROP AOOR ONNER NAME TAXPAYER NAME/AOOR TOTAL BATCH 004 00015 I ! •M t Tv ? H om:d > m m D s I II \ u jj i s W z Hmo (/) c "O n> Qi < h: !-•• *m (/I H* O M D O - 3 d rr:Srro) Q rf 3* CD rr O 3 ►I H- 0) O !-• O O 0> rr H* S (A K) (/I rr Q) n* H- Oa CL 0> "< DTr*CJCDoO Hf rr 5S vj d^< QJ 03 P.S M CD H O (A rr O H- X*O -t> -if< •-»• • «•rr TDrr CD CD I— 0) 0) D M J^ac I— ^ t'C/) CL H» <n D C 'XD (n s O g :t 0) rr O CO rr U M* tA H* (A < CD * VC CD h- a VO OD cr vjv< rr IT CD ri CD D CD ■D D rr C (D o 8 D rr 0) D d § O d 0) H- M O O ri H (D O rr 5 ►i 3 < H* (A _ H* nr H* D D CD (A O rr CD ri CD TDri CD (A 5 rr 0) rr ^ 57 _ / ---------------------------------------- city of ORONO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.2413 THIS ITEH HAS BEEH m hbsolotioh revisihg the cohditiohs op approval OP RESOLOTION #2305 PILE #1211 MICReFlli^E: t^nd Comcany is the owner of the property located at"l335 Orono Oaks Drive s;.rini:roUj ir/a..es /-v;r.s Orono"\|f!% /escribea as Lot 7. Bloc. 1. orono Oaks, Hennepin County, Minnesota, an WHEREAS, the owner “"g 55?*SuM.”l"nd^granted a variance to Muni'iP®!. 10 jj/gutd. 10(B) pet Resolution lofnoLlm a^oVe?"fn%rder to construct a private residentra driveway; and whereas, pursuant to ^he conditions^^o^f ."h^^'e^eVserJ through the wetland; and WHEREAS, due to soil h\^:Ued'^by°the^contractor driveway, construction determined that successful &%tron°o7\\TaV°d"rlvelay “w“ld not be technically or economically feasible; and WHEREAS, on April 8, 1988 the /“‘’’“drivtway‘°in*i l\Vt?on?regu\%inVrn f-ern'eT^ro^g^-Lot^’. floe. 1. Orono Caks (1335 Orono Oaks Drive); and OTEREAS, the council finds that '=he ^°rity of th^e^prop« driveway will be located 26' °J.';'’?„“teig?h which is less s'i'iCouncil further finds that 'he proposed driveway ^^„ju„<-tion ‘^nft\%“u\fo¥f n-Vurfef Chf 11 reUlt in no impediment to cirre^t or expected flows through that drainageway; and whereas, the Council finds that the future easement t^rou^^h^Lot 8 will have no effect on potential drainfield sites within Lot 8; and Page 1 of 5 City of ORONO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 2413NO. ^ 1 that the conditions existingVfHEREAS, the Councx 1 th^t^t^ generally to on this property are granting a variance would notother property in this zoning distr^ic^^^^ gran^^ ^ adversely affect traffic KKorino nroperties; would not merelyhazard or other danger to neighboring^properti^^. necessary to serve as a convenience difficulty; is ner*»c«»ary to alleviate a ^ riaht of the applicant; and would be preserve a s^^rit^and^ intent of the Zoning Code andin keeping with the spirir anu Comprehensive Plan of the City; an WHEREAS, the City Council use permit to allow the Sill not be detrimental to the the edge of the o^f the public, would not adversely health, safety or general hazard or other danger to affect light, nor p . . .. depreciate surrounding property neighboring properties, i^vel of use of the property will be in ^„"Sbrt\:nn\eSft °ot thi z^onm, code and Comprehensive Plan of the City. CONCLOSIOMS, ORDER AND CONDITIONS Based upon one or more of the Revise the Council hereby approves the app ican ^ location within 26' of rht^^d"fsi^g^A\\Twl\^^^ -Yt"^ v\rISn%% ^d "coifit?on2! rs°e^;"r^.it ",*'r\nTe"/\n °R«oluti'o"n 12305 are hereby revised to read as follows; 1. Land Alteration Permit #00623 gf|ect'’for*the contractor. Mason Homes, shal proposed new L%%%°JaV^°o"ns^?u%\irn?“%%V-^^^ 2. The contractor shall to the greatest shall remove the fill material that was placed in th® wetland and Ly remaining fill placed near ‘^e cul-de-sac are ^ shall be completed and approved by City starr October 1# 1988* 3. The wetland areas disturbed by the !jjgir construction attempt shall be .^°/®ggQnstruct a drivewaystate. No further attempt to construct or reconstru in that location is allowed without City approval. Page 2 of 5 CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL 2413 4. Prior to commencement of construction of a revised location, the applicants sha1 1 Provide ^he City «ith a copy of a private driveway easement over Lot 8 in favor of Lot 5. The culvert at the drainageway crossing under the driveway shall be 24" in diameter. 6 The aoolicant is advised to contact the Minnehaha CreeJc Satwlhed District to obtain any permits they may require for this work. 7 Authorities granted by this resolution run with the property lot with the applicant, but ate permissive only. Restoration wirk shall be ?Lpleted by July 1, 1988. °^v«way <y>"-“uction must be commenced within one year of the ^ approval, or the special conditions of this resolution will expire on that date (April 25, 1989). fi Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9 The undersigned applicant has read, understood and hereby Lreer-o the tt?ms of t^his resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this rUolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of April, 1988. -y?n. Prop^ty Owner (87 • For Cheyenne Land Co. (w Page 3 of 5 CITYi^RONO City of OROJNO resolution of the city council 2413 STATE OP MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) / y f ^ J-y of V_ _ _ _ _ _ _ _ _ _ _* On this ' ^- -;■ ' .— ,'JK-ir> anH for said county* personally before me a Notary Puic w n\iCxi4<tM Itnown to me to be appeared Hnp/affrr't ^he foregoing ".t ^"%ney. executed the ,a»e .a (their) free act and deed. ' . KATHLEEN S. SOROKA j NOfAlY FUltiC - -a INNISOTA HEnn IPIN county My #«p«r#t l2*i6*91 cry NOTARY PUBLIC ^ /2-/C.-9/ MY COMMISSION EXPIRES STATE OP MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. On this - -- '— . ■ w j~L for said County* personal ly appeareda Notary Public within and for said be the (their) free act and deed. * 198_* before me notary public MY COMMISSION EXPIRES f • CITY ) //U. City of OROiNO RESOLUTION OF THE CITY COUNCIL 2413 OF ORONO STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. ) On this _______________ before me a ;Jotary Pub appeared 198_f^day of ____________________ ,within and for'^said county, personally - kno%#n to me to be appeared executed the foregoing inltr^lntr an'i acknowledged that he (they) executed the same as his (their) free act and deed. JANE ANN KLANQ i WARY PUBLIC - MINNESOTA : HENNEPIN COUNTY ■ My CgnuniWM U} Ajr 7 t;33 J notary public u/ MY COMMISSION EXPIRES state OP MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this IjJl day of 19Sj!i before me Notary Public wicnin ana iui: aojfu County# personally *^^**^5^ exeSSTed^tgrfortgoTng i"»tr^ent lid acXnow!fdged that he (they) executed the same as his (their) free act and deed. aJvII MY COMMISSION EXPIRES Page 5 of 5 f to: Fro®: Dates Favor Crabek end City Council City Adeinistrator Mark Bernhard^on Michael P. Gaffron. Aaaiatant foning Ad®ini®trator April 21» 198i j «f Braviouj approval, to allow developiaent of drivewayBequest: A»endei"ent of previou w thru adjacent lot at edge of wetland. List of Rshibits: A. Site Plan Subr»itted p. Staff Meno of 4-13-88 C. Applicants Letter of Bequest D. Soils Report Dy Braun Testing E. Code Section 10.03 Subdivision 6 (B) S: .. .. Additional Facts • • 4 . I ^ 1Q11 a since that eeHio, staff has .,...';/rhrpro;o“.d rout.. • s^. additional fact. h.v. verified by staff, as follows: r.l^y note that Neslui.d has agreed to grant such an easeeent. •) T. was apparently Neslund's intent from the start to *®'^®** via e.,se;;nt Xu Iot%, Since when the house on Lot 8 was con-t^ted in l«»7o, the base work for the driveway now PfoP®»®<^ nnd a Culvert placed across the minor drainageway at the northwes cor nor uf Lot 7. 1 7*n,» existina driveway base work generally is 26 or .duo oV tn" wot land as i, would .nt.rpr.t "?*Von*o'o!K dr°iv.’ portion of that driveway approximate 1 y 100 south of ® p ^ Nn^e that the Wetlands conservation and Flowaoe Easement on Lot 8 is ar^rori?^-ely c.0* away from the proposed driveway at this point. 4 The proposed driveway easement location ^ ^ ‘^uture driinfield sites on Lot 8, and within Lot 7 ® , h^rinstriited to easily avoid conflict with proposed primary and alterna*-e drainfield sites. / rcninq File il2ll April 21» 19B8 Faqe 2 5. Approxxritely 1.5 acres of dry ^• rmr«?ii" the portion of Lot 8 ^ ^•code*Sactlon 10.03 Sybdlvislon • (■)» ComBisslon P?_\ v«wav ease»ent only, and not a road and felt that this J1 leavinq Lot 8 with substandard would not^ r:.'5«'*^th“t‘"Ur’dl«. of th. drl««y **■**■ J if ».re to rld.fli. th. ..tl.nd. in tot t, «•>•«■•*? • .aasooBt, if e ,„t ‘, *ould contain l.aa than 2 .cr*. of dry E°!liabi. land. Sine, that house 1. not appear to significantly affect develop»ent of Lot 8. Staff Recosiendation s.ven th~ circu.,t.nc« that ^evelcpoent of . of the wet.and "Pr””/"f'”*'’':;! “w*a„ o”r th. p^oATs'^ «..Ant o„ tot .^Pd -ncouraoe « L<,h *11 but a short :;cV:nt'’?.'fV- ’or “o7e “7ro:' the wetr.nd, .object to the followin, conditions: The .1 seaeents of culvert In poor 5°"'* ‘MSlT l"* bl*?MO«dJ^oasino near the boundary between Lot 7 and Lot 8, shall be re.oved nnd r»»placed with a single 24 inch culvert. b To the greatest degree possible, the sand fill shall be ^rem the area of the Unsuccessful criveway construction, and the wetland allowed to return to its previous natural state. C The driveway to be developed within Lot 7 shall be avoid conflict'^with the approved primary and alternate drainfxeld sites. d Th. .xiatlnq oradlnd and f11 line parnit obtained by applicants contractor shall remain in effect for the construction of the newly proposed driveway. .Shall call for a final site inspection of both driveway sites once tne sand fill IS removed and the new culvert is placed. Staff rocemrends approval p»»i the attached resolution. Mr Edward Callahan, Ma\t>r Cit\ of Orono p 6 Box 66 Long Lake, Mn 55323 Date 5/19/94 9 'f % Dear Edward: This letter is in regards to our home proposal which the council will vote on May -3, 1994. Our family had its world turned upside down on December 18th 1993 due to a fire. TWs was a traumatic time for our family which includes nvo children ages 8 and 3 Since the fire we have personally lived in four dififerent locations We have physically moved thrw times to new housing because our previous rented homes were sold This has impacted us all including our 8 year old who has learned a new bus schedule to school every other month this /ear This 'ack of stability has been hard on our family and also traumatic. As vou know, we have worked very- hard with the ary in desigmng our home which would be acceptable to the citv and the neighborhood I would like to point out that we accomplished this at the last Planning and Zoning meeting which concluded with a vote ot 4-1 for our proposed plans. The Planning and Zoning Commissioner stated; ’’he was glad to see we had revised our plans significantly to the satisfaction of all involved We also were able to come to an agreement with the Smerlings and thus had a unanimous agreement with our neighborhood with over 18 families (see petition) who are adjacent property owners in favor of our plans. I trust vou will weitth all the faas based on their merit and have fliU confidence in the government process and the integrity of all individual City found’ M'^mbers who serve our citv. CITY OF ORONO Re: Bucey Project MRS. BEVERLY SMERLING 2522 W. Lake of the Isles Parb^ay Minneapolis, MN 55405 May 23, 1994 Orono City Council Orono City Hall 2750 Kelley Parkway Crystal Bay, MN 55323 Ladies and gentleman: As you know from Bob Mitchell’s letter to Mike Gaffron dated May 19, 1994, I continue to be concerned about the Buceys ’ project. I attach a letter I received from Mark Gronbcrg dated May 23, 1994. Please note the discrepancy Mr. Gronbcrg notes between Bucey Exhibit B, Bucey Exhibit C and the hard-cover computation of 41.36% in ELxhibit E-2. I believe the data should be internally consistent. Exhibit C is the correct depiction, but the calculation is a little off. Apparently there is about sixty (60) square feet more of hardcover. Regarding the drainage issue, please note Mr. Gronberg’s concern that the south side drainage swale extend far enough west to the 958-foot contour line, as shown on the sketch attached to his letter. Permit me to say that while I am aware of the hard work done by many people concerned with the Bucey project, I still must state that I feel rushed and pressured to respond to substantial issues in a quick turn-around time. I have done my best to hire experts including Bob Mitchell, my attorney, Bruce Schmidt, my architect, and Mark Gronbcrg, my surveyor. Nevertheless, I lived through the development of this same property with the Holzers many years ago, and things did not turn out as well then as I would have liked. I remain therefore worried that the drainage will somehow not work out as well as is represented. I also worry that the large, new building and the hardcover may cause an increased drainage problem. Notwithstanding my comments at the planning commission meeting of October 16, 1993, made because I felt presstired and because I was encouraged to compromise with the Buceys, 1 still feel their new house is too large for their lot. I want to tell you these things because they are in my heart and in my mind. Obviously, 1 do not control the action you take, and yet it is incumbent upon me to protect my property as best I can. I therefore tell you that if the drainage works out improperly and to my disadvantage 1 will look to Orono as well as to the Buceys to correct any shortcomings and any damage caused. Thank you for your consideration. e5/23/19S<! 15: ei 473-4435 CTFP’IN i GR!>«E»3 *»AQE 92 oorrm * cronie&q. inc l-A 5-23-94 Mrs. Beverly Smerlinq 2552 M. Leke of the Isles Parkway Minneapolis, MN 55405 Dear Mrs. Smerlinqt At your request, I have reviewed the hardcover calculations on the proposed Bucey residence to the north of you and have also looked at the drainage. The existing and proposed hardcover ralculations look fine with one minor item. The deck as shown on Exhibit B (the survey drawing revised 5—6—94) is a little different than the one shown on the Gustafson Design drawing (Exhibit C). The deck from Exhibit C was used in coming up with the 41.361 hardcover in Exhi­ bit E-2. Regarding the drainage Issues, the Mike Gaffron memo of May 13th suggests that the south half of the Bucey property be directed west rather than to the Smerling property to the south. This is fine as long as the swale extends far enough west to about the 958 contour as shown on the attached sketch. Sincerely, COFFIN a GRONBERG, INC. Mark S. Gronberg r C5/23/1994 15:Cl 473-4435 COFFIN g CSRONBERQ PAGE B3 *XX •»«<> buBdinj , P=^.«o REQUEST FOR COL^CIL ACTION \> DATE: 5/18/m"^ ^ ^9 FTEM NO.: ^ * 'O Department Approval: Name Michael ft. Gaffron Title Asst. Planning & Zoning Adm Administrator Reviewed:Agenda Section: Zoning Item Description: #1919 Ty Bucey, 2677 Casco Point Road - Variances - Resolution List of Exhibits A - Resolution B ■ Notice of Planning Commiasion Action 5/1 8/94 C - Petition Received 5/16/94 D - Shutts Letter 5/16/94 2»-‘ v'AtTcMt*-*- E - Memo and Exhibits of 5/13/94 -*2. Summarv Applicant’s residence was destroyed by a fire in December 1993. He intends to rebuild on the site, requiring lot width and variances, hardcover and lot coverage variances, side and street setback variances to allow the existing garage to be attached to the new house, and a variance for minor grading in the 0-75 ’ and bluff impact zones. The proposal results in a decrease in 75-250 ’ hardcover from 47.6% to 41.4%, with a lot coverage by structures increase from 18.4% to 21.0%, due mainly to the addition of a deck. • The lot width and area viriance is inherent in reconstruction on this and on most lots on Casco Point. The existing garage located *i.8’ from the street and 2’ from the side lot line survived the fire, and is proposed to be attached to the house, but will have its roof line modified and lowered. Grading in the 0-75 ’ zone is necessarv^ to protect adjacent properties and reduce potential negative runoff impacts on the blutt. The owners of the property to the south, the Smerlings. have indicated a great deal of concern regarding the impact of the proposed residence on drainage and its visual impact in the neighborhood. In response to these concerns and concerns expressed by the Planning Commission at their April meeting, applicant reduced the magnitude of the structure and proposed grading changes which have been reviewed and modified by the City Engineer. i Request for Council Action continued Page 2 of 3 March 18, 1994 2toning File #1919 manning Commission Recommendation Planning Commission reviewed this revised proposal at their May 16th meeting and on a vote of 5-1 recommended approval subject to: • Letter of agreement between Smerling and Bucey (if agreed upon) to be referenced in the resolution. • City staff to ensure that drainage plan is followed through. • No future hardcover variances should be granted. • Resolution should reference the site plan, house plans and grading and drainage plans. • Hardships supporting the request include: Unique circumstances of the situation, i.e, ^ouse destroyed on a substandard lot which is similar size to other lots in neighborhood. The unique aspects of the property which include existing severe topography, the opportunity to improve existing drainage impact o.i neighboring properties by revising grades in the 0-75 ’ zone and the existing substandard location of the garage. - The proposed decrease in hardcover is a positive circumstance. The lot coverage increase is due mainly to the proposed addition of an open deck. In his minority opinion. Commissioner Nolan indicated he felt the house was too large for the site. Discussion Please review the memo and exhibits of May 13th. Also please review the petition by neighboring property owners and the letter from the neighbor to the north. Dr. Carl Shuns, both of which were received on May 16th. In regards to the grading and drainage plan, it should be noted that the majority of the drainage Request for Council Action continued Page 3 of 3 Majch 18, 1994 Zoning File #1919 from Oie site will be directed either westward over the bluff or to the northwest across f propcrtv. While the drainage going towards Shutts could be redirected across Bucey s b u , would 'require considerable grading in the 0-75’ zone and would cause potentially greater problems for stability of the bluff just above Bucey ’s and Shutts’ boat houses. In a proposal by Mrs. Smcrling’s attorney Robert Mitchell, it was suggested that Bucey add shuttL w four specific windows on the south elevation for aesthetic purposes. Hanning Commission indicated that if Smerling and Bucey agree to this, that condition could ^ a^ed to the resolution. As of this writing, staff has no indication that the agreement as accepted by both parties, so that condition has been omitted from the draft resolution. Staff has asked that a final grading plan retlecting the City Engineer’s recommended revisions be submitted for attachment as an exhibit to the resolution. Staff Recommendation staff recommends approval per the Planning Comrais^on resolution contains a number of findings that support the request and a number of specific conditions for approval. Council Action Requested Adoption of resolution for approval of variances for Ty and Myla Bucey at 2677 Casco Point Road to allow construction of a new residence. J A RESOLUTION GRANTLNG VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B), SECTION 10.03, SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISION 2, SECTION 10.55, SUBDIVISION 8, AND SECTION 10.56, SUBDIVISION 16, AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 11> FILE NO. 1919 WHEREAS, Tyrone and Myla Bucey (hereinafter the "applicants") are owners of the property located at 2677 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 135, Spring Park. Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to construct a new residence on a lot of 12,894 s.f. in area where lot area of 21,780 s.f. or 0.50 acre is normally required, and of lot width 60 ’ where a lot width of 100 ’ is normally required, and a further variance to Section 10.25, Sulyiivision 6 (B) for attachment of the existing garage to the proposed new residence, such garaee being located 1.95 ’ from the side lot line where a 10 ’ side setback is normally required, and 21.8 ’ from the street lot line where a 30 ’ street setback is normally required, and a variance to Section 10.03, Subdivision 14 (C) to allow lot coverage by structures of 21.0% where only 15% lot coverage is normally allowed, and a variance to Sections 10.22. Subdivision 2. 10.55, Subdivision 8. and 10.56, Subdivision 16 (L) to allow 41.4% hardcover in the 75-250’ zone where only 25% hardcover is normally allowed, and a variance to Sections 10 55. Subdivision 8 and 10.56, Subdivision 16 (J)(2) and a conditional use permit per Section 10.03, Subdivision 19 to allow topographic alterations and excavation within 75’ of the ordinary high water level of Lake Minnetonka and within the bluff impact zone where such activity is not normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Page 1 of 6 FCSDLNGS 1. This application was reviewed as Zoning File #1919. 2. 3. The property is located within the LR-IC Single Family Lakeshore Residential Zoning District. The Orono Planning Commission reviewed this application on April 13, 1994 and tabled the request pending proper public hearing legal notice ami suggested specific plan revisions. The Planning Commission further reviewed the revised proposal at a public hearing on May 16, 1994 at which time all members of the public wishing to comment were heard. On a vote of 5-1, Planning Commission recommended approval of the revised plans, based on the following hardships and justification: a. b. c. d. The applicants ’ house which e.xisted on this property for many years was destroyed by fire in December 1993. The existing lot area and width cannot be increased because no adjacent vacant property is available for acquisition. The existing garage on the site located 1.95’ from the south side lot line and 21.8’ from the street lot line was not destroyed in the fire and is proposed to remain in its current location with attachment to the proposed residence rather Uian remaining detached as it previously existed. The roof line of said garage is intended to be revised, but footprint of the garage remain as is. The side and street variances are justified based on the existing location of the garage. Pre-existing hardcover in the 75-250’ zone was 47.6%. Hardcover in that zone is proposed to reduce to 41.4%. Further reductions to the 25% hardcover limit are not feasible if a residence is to be allowed on the property. The increase in lot coverage by structures from 18.4% pre-existing to 21.0% is due mainly to addition of an open deck on the lakeside of the residence. Paee 2 of 6 4. 5. 6. f. g Topography of the site is severe, and with con5>truction of a new residence the opportunity exists to improve drainage by reducing the impact of drainage on neighboring properties and the potential negative impact on the bluff existing at the lakeshore. Certain grading and excavation is necessary within the 0-75* setback and within the bluff impact zone in order to improve the drainage. No average setback, bluff setback, or strucrure height variances are required. Applicants have addressed to the satisfaction of the Planning Commission the concerns raided by the neighboring adjacent property owner to the south. Planning Commission further recommended that City approval reference the site plan and house plans, and the grading and drainage plan as modified by the City Engineer. The Planning Commission further recommended that any written agreement reached between the applicants and the neighbor to the south be referenced in the City approval resolution. Planning Commission further recommended that no future hardcover variances should be granted for this propert)'. 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 welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances and conditional use permit 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 necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 6 CONCLUSIONS, ORDER AND CONDITIONS Bas£(l upon Ihc above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25. Subdivision 6 (B) to construct a new residence on a lot of 12.894 s.f. in area where lot area of 21,780 s.f. or 0.50 acre is normally required, and of lot width 60 ’ where a lot width of 100’ is normally required, and a further variance to Section 10.25, Subdivision 6 (B) for attachment of the existing garage to the proposed new residence, such garage being located 1.95' from the side lot line where a 10’ side setback is normally required, and 21.8 ’ from the street lot line where a 30 ’ street setback is normally required, and a variance to Section 10.03, Subdivision 14 (C) to allow lot coverage by structures of 21.0% where only 15% lot coverage is normally allowed, and a variance to Sections 10.22, Subdivision 2, 10.55, SuMivision 8, and 10.56, SuWivision 16 (L) to allow 41.4% hardcover in the 75-250 ’ zone where only 25% hardcover is normally allowed, and a variance to Sections 10.55. Subdivision 8 and 10.56, Subdivision 16 (J)(2) and a conditional use permit per Section 10.03, Subdivision 19 to allow topographic alterations and e.xcavation within 75 ’ of the ordinary high water level of Lake Minnetonka and within the bluff impact zone where such activity is not normally allowed, subject to the following conditions; 1. Approval is granted subject to adherence to the site plan attached to this resolution as Exhibit A; to the grading and drainage plan attached as Exhibit B; and to the construction plans attached is Exhibit C. Any deviation from said site plan or grading and drainage plan shall require further City review and approval. Any revision to the construction plans which increases the height of the structure or which is deemed by the Building & Zoning Department as a substantial departure from the plan shall require further City review and approval. "y Hardcover on the property is limited to 41.4%> in the 75-250 ’ zone and 7.9% in the 0-75 ’ zone as shown on Exhibit A attached. Applicants are advised that future proposals to increase hardcover may not be looked on favorably by the City. 3. Applicants are advised that the existing boat house on the property is subject to the pertinent code requirements for maintenance and structural improvement of such struemres. Page 4 of 6 4. 5. 7. ATTEST: The proposed land alterations in the blutf impact zone and within the 0-75 setback zone shall be subject to the sediment and erosion control provisions of Municipal Code Section 10.56, Subdivisions 16 (J)(5) and shall adhere to the MPCA’s "Best Management Practices for Protecting Water Quality in Urban Areas". Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (May 23, 1995). Violation of or non-compliance with any of the erms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned 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 Orono City Council on this 23rd day of May, 1994 Dorothy M. Hallin. City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) Page 5 of 6 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 23rd 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 ) ) COUNTY OF HENNEPIN ) ss. On this davof , 199 ___, before me a Notary Public within and for said County, personally appeared _____________________________— known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this dav 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 acknowledsed that he (they) executed the same as his (their) free act and deed. Notary Public Page 6 of 6 Petition filed for: #1919 Ty Buce>\ 2677 Casco Point Road - Variances By signing this petition 1 am notifying you that 1 have seen the revised plans completed by Michael Gaffron, Asst Planning & Zoning Administrator dated May 13,1994 I have observed the building site and taken careful review of the building application and plans for the Bucey residence By signing this petition 1 wish to express my support for the proposed plans. Name Address 2 .1/.r.- ____-............... ^idlcZhs4 CA5 cp ..PL.^.. j Z'7'5- C&iCo PrAc______ ^ ^ OA i) 5-—' ^scTc7 / ____ f/^ C/f^cO "// ■nu^t CoTJCoCq, /U, J Michael Gaffron City of Orono 2750 Kelley Parkway Long Lake, MN 55356 Date 5/15/94 Pe Written confirmation of drainage proposal for the Buccy property. Dear MDce, This letter is to inform you that both Ty and I ha\‘C been involved in designing a dram^ proposal which will w ork for all of us I met and discussed the drainage proposal with ly Buce%', Dale Gustafson and Jim Cradit on May 13th 1 am forwardmg my comments to you per your request in the Planning and Zoning Commission Letter dated Mav 1 jth, 1994 I would like you to know that I am in full agreement with the proposed plans since they will have a positive effect on mv property I agree with your analysis on page 3 t^t some grading (even though minimal) will Ukely be needed to accomplish swaling needed to protect the neighboring properties and lakeshore banks The slight channeling on the Buce>- property will reduce drainage towards our home by directing it past our home It is mv opinion that the proposed plan will benefit both of the adjacent neighbors as well as save our lakeshore banks therefor I am in full agreement to support the Bucey s drainage plans Sincerely, Dr. Carl Shutts RECEIVED MAY 16 1994 emr OF ORONO LINDQUIST & VENNUM 80 ScxAM Eigktm Snvrr M—CA^OUS iJ—ggTA 612471 3211 fuL 6124714207 felOEKfMfM Ijmoqukt 800 ITtm Sn«T Sum 2125 DeMCH. OoLOMkOo 80m440l lai^NONf JOS-STS-SODO A ttorneys A t Uwif •12071 May 19, 1994 Mr. Michael Gaffron 2^ning Administrator City of Orono 2750 Kelley Parkway P. O. Box 66 Crystal Bay, MN 55323 received may 2 0 1994 cnYOPOBONO IC:ic- Re: Bucey Project Dear Mike: You have the Smerling/Bucey letter verbally agreed to at the Planning Commission meeting on May 16, 1994. Let me just flesh out the letter. With regard to the Buceys building their project according to the plans and the building code, obviously the Smerlings are relying on the accuracy of the survey, site plan, plans, hard cover computations and the like. As you may know, they are having a confirming survey done by Mark Gronberg of the common lot line between the two properties and they will certainly let you know if Mark Gronberg comes up with any discrepancies. With regard to the second point, I enclose Buceys ’ Exhibit A-3 which shows the South Elevation of the new house. Shown on it are four windows which are the windows to have the shutters, as agreed. Bruce Schmidt and Mrs. Smerling agree that the corner windows and the picture window do not need shutters, as it would not look right. Finally, with regard to the grading and drainage, I know you are aware that Mrs. Smerling is concerned about this. We know, too, from the Planning Commission meeting on May 16, 1994, that the original plan was to have 100% of the water go northerly. Now, Orono has determined that it is better that some of the water, including all of the water from the south side of the house, go westerly over the embankment, instead of northerly. We just want to make certain that the drainage swale to be graded onto the Bucey lot on the south side of the house is deep enough, wide enough and extends at a proper angle when it reaches the embankment such that the water does go over the embankment, rather than onto the Smerlings’ property. Obviously, the Sm».rlings have UNDQUIST & VENNUM Mr. Michael Gaffron May 19, 1994 Page 2 their own water to accommodate and get over their own embankment. In each case, the care of the embankment through maintenance of proper vegetation and other measures is essential to the respective embankments being maintained. I do not perceive that any of the foregoing is new news to you, but I hope you find it helpful in fleshing out the details of the Bucey Project. If there is any question, of if Orono is not going to proceed as outlined above, please let me know. Thank you. Very truly yours. Robert G. Mitchell, Jr. EhdOTure Mr. and Mrs. Louis Smcriingcc: ^'3 H.H.H *«o>r S»'!,r«w.i.T tv..,.—^ „'D%C4DO««;a EjjE.VAt>QnJ a t> yigujEo prvofv> c^»*-noc race *^>»^€iU40^ o-j -nitill. p^)«riTY IPX. •V4c r^iitc ^r. X \A‘V Vlr. and Mrs. Bucty 2677 Casco Point Road Wayzata, Minnesota 5S391 May 16, 1994 e>^ • X-/J Mr. and Mrs. Louis Smerling 2522 W. Lake of the Isles Pkwy. Minneapolis, MN 55405 Re: Proposed New House Dear Mr. and Mrs. Smeriing; We gave you the new plans for our proposed new house on May 9, 1994. We will be presenting the new plans to the Omno Plan»^ing Commission on May 16, 1994, for approval of needed variances. Thos^ plans consist of the following; Page 1 - Page 2 - Page 3 - Page 4 - Page 5 - Page 6 - Page 7 - Page 8 - Page 9 - - Survey (Rev. 5-6-94) - Site Plan - East Elevation - West Elevation - South Elevation - North Elevation - Lower Level Blueprint - First Floor Blueprint - Secit?»J Floor Blueprint You have now had a chance to have Bruce Schmidt, your architect, look at these new plans and you have communicated to us your comments concerning our entire project. In order to amicably, in a neighborly way resolve any differences we may have with regard to our project, we hereby make the following agreements with you: 1. It is our intention to build the project according to City of Orono’s building codes and the above-referenced nine pages of plans. 2. We have taken your concerns to heart in redesigning our home so that it is acceptable to you. We revised the house design so that the lower level is, in fact, a basement level which does not count as a story. Thus, our new house is only two stories tall according to the building code. We have also broken up the roof arjti-waU line a t th** <nnthwp<tt mmer of th^ouse. We specifically agree to add .^''^utters to the windows on the South ElevatioTN>imilar to the shutters shown on '■'Y A Mr. aiKl Mrs. Louh Smerling May 16, 1994 Page 2 3. the East Elevation so as to present a nicer look toward your property and to further accent the southern wall of our house. The south wall is located 14 feet north of our south property line. The new deck on the west side of the house is as shown on the Survey and Site Plan and conforms to Orono ’s average lakcshore setback requirement, as well as being far enough back from the bluff under the new bluff ordinance. We agree to prepare and have approved by Orono, before commencement of construction, a grading and drainage plan. Based on our undertakings set forth above, we understand that you will not oppose our request for variances at the Orono Planning Comr. ission meeting on May 16, 1994. If this is correct, please so indicate by signing and returning the enclosed copy of this letter. Thank you. Sincerely yours, Ty Bucey Mila Bucey Understood and agreed this ________day of May, 1994. Louis Smerling Beverly Smerling ‘ ^ > > > ^ X X X X X X V €" b« f«»jtivii>«g i«f a sn b«flft (1.^) ^ IT') I Ml I • 1 1 TO: FROM: DATE; Planning Commission Members Ron Moorse, City Administrator Michael P. GalT Asst. Planning & Zoning Administrator May 13, 1994 SLWECT: #1919 Tv Bucev, 2677 Casco Point Road - Variances * Public Hearing List of Exhibits A - Revised Building Plans B - Revised Site Plan C - Revised Grading/Drainage Plan D Bluff Impact Review ^ E - Revised Hardcover Calculations I' F - City Engineer Grading Comments H»©t-received as of 5/13/94) G - Letter from Shutts (2665 Casco Point Rd.) H - Letter from Duller (2660 Casco Point Rd.) I - CorrespoiKience: 1. 4/26 Bucey to Smerling 2. 4/27 Mitchell to Cradit 3. 4/29 Bucey to Smerliug 4. 5/2 Mitchell to Cradit 5. 5/4 Bucey to Smerling 6. 5/4 Mitchell to Gaffron 7. 5/6 Bucey to Gaffron 8. 5/12 Mitchell Draft - Proposed Agreement J - Notice of Planning Commission Action 4/22/94 K - Memo and Exhibits of 4/14/94 Synopsis Applicant has revised bis plan significantly to reduce the intensity of the proposed construction. Proposed hardcover and lot coverage are reduced from the original proposal. The newly proposed grading plan has been reviewed by the City Engineer who has recommended minor chances. The oiiginal proposal and staff memo are included in this packet for comparison. Zoning #1919 May 13. 1994 Page 2 Variances Required Pre-Existine First Proposal Current Revised Plan Allowed or (Required Variance Lot Area 12,894 s.f.12,894 s.f.12,894 s.f.21.780 s.f.8.886 s f.(40%) Lot Width 60’60’60’100’40’ (40%) Hardcover _. 0-75’7.9%7.9%7.9%0%(No Change) 75-250*47.6%43.1%41.4%25%16.4% Lot Cover-18.4%22.6%21.0%15%6.0% age Garage Set-(No Change) hack Side:1.95’1.95’1.95*10’8.05’ (80%) Street:21.8’21.8’21.8’30’8.2’ (27%) 0-75’ Grad-—None 6’ Encr.None 6’ ing (Includes Minor Grading in Bluff Impact Zone) • No Height Variance Required • No Bluff Setback Variance Required Discussion The lot area and width variances are inherent in redevelopment of this lot and many lots on Casco Point Road. The garage setback variance reflects no change to the location of existing garage, but is necessary' due to its change in status from detached to attached. The roof line of the garage will be lowered and revised to a hip roof configuration. Both hardcover and lot coverage are proposed to be reduced from the first proposal. 75-250 hardcover is funher reduced by narrowing some stairways/walkways, and reducing the size of the deck, which also reduces the lot coverage by strucmre. As noted in the table, no height variance is required with this plan. The house has been lowered nearly 3’, reducing the visual impact of the height of the structure. It has been lowered enough to be considered as a two story structure. Zoning #1919 May 13. 1994 Page 3 With the new definition of "top of bluff" adopted and in effect. Exhibit D indicates tlK bluff and bluff impact zone. Comparing this to the grading plan, only a minor encroachment to the bluff impact zone is necessary. Grade reductions in the bluff impact zones are not strictly prohibited (although filling is) but are subject to strict erosion control measures. Grading; Han The new grading plan was submitted Monday. .May 9ih. The City Engineer reviewed this at the site on May 11th and suggested that drainage from the south half of the property be directed westward towards the lake rather than around to the north. This can be accomplished by grading a swale in the south side yard, to drain toward the lake. This concept was approved with the Holtzer application for this property in 1979, and included 0-75 ’ grading in order to make sure no drainage will flow towards the Smerling property. The volume from this half of the property is not anticipated to pose problems for lakeshore bank stability. The north half of the lot has the option of draining straight west towards the lake (to accomplish this would require e.xtensive fill/regrading in the 0-75 ’ zone) j2£ allow to drain across Shuits property as it does now. • Redirecting drainage to flow west toward the lake is, in the opinion of the City Engineer, more likely to cause bank instability around Bucey’s lake stairway and the Shutts and Bucey boat houses, than if runoff is allowed to continue draining across Shutts’ yard with its more gradual slope. • Slight channeling on the Bucey property likely will reduce drainage towards Shutts’ house, directing it past the house. The above factors hold true whether or not the grade is lowered the full 3’ necessary ’ to accommodate a lakeside walkout door. The grading plan proposed will leave the view from the lake nearly unchanged due to "side discharge" of drainage towards Shutts’ yard. The amount of excavation in the 0-75 ’ zone is minimal. This is not the classic case of "excavating the lakeshore bank to create a walkout" that the City has regularly denied. The grade is not proposed to be drastically altered to expose the face of a basement wall. The walkout could be accomplished without any 0-75' grading by establishing a retaining wall "crib" at the walkout door (creating a "walkup" with potential sump needed), but some 0-75 ’ grading will likely be needed regardl *ss. in order to accomplish swaling needed to protect the neighboring propierties and lakeshore banks. Zoning #1919 May 13. 1994 Page 4 As of this writing, staff has not recc ved the written comments of the City Engineer. Those comments should be available for Monday night s meeting. It IS suffs understanding that tla applicant has met with Mr. and Mrs. Shutts to discuss drainage and this proposal is agreeable to the Shuns. Staff would request written confirmation of this. Staff Recommenoation Planning Commission should review the individual variances necessary arKl dctermiiw whether this revised proposal can be recommended for approval based on hardships and unique circumstances of tte site. Any recommendation for approval should list the hardships and justifications. Options for Action 1. Recommend approval. 2. Recommend approval with conditions (specify). 3. Table (request additional information). 4. Recommend denial (state reasons). 5.Other. If recommendation for approval is forthcoming, this item will be placed on the Council s May 23rd agenda. ' ^ J S* ^ y jiv»-370 - 4047 cradit and associates, inc. •. mploi, mn. 65413 'proiMKMl Cmm^yort of oulsUnti^ homM ilr«c« MO* designed for: BUCEY RESIDENCE plon number 9 4 05 07 dro<*n by sheet 2 1 & V. 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X X X \ X X ■j REGISTERED UNDER LAWS 7601 - 73rd Avenue North Minneapolis. Ml iwmgnrs oe cpfce^ Lot 135, SPRING PARK Proposed building information must be checked with approved building plan before excavation and constnjction. The only aasemerts shown are from plats of record or information provided by Client Mb hereby certify that this isa tnre arid correct representation of a survey of trie boundaries of the above described tarxl and the location of ail buildings and vis* ibte encroachments, if any, from or on said land. Surveyed bv us this Ath dayof February -ig pev/i^EO .'f-/ " A. H ouse c. D rivewav 0. Sidewalk Ea Patio/D eck F.Landscape areasUNDERLAIN BY —plastic SHEETING — X — X _ •X length X WIDTH _ ^ V • V m —. j - • 1 ^ _ X V i<i« — f --------------- __ A » X V --------------------------- ^C9 A 1 y 2,'IS« _________________________- S.E S.? S.F S.r s..- S.F. S. *. S. 2 s.* ^ s* * _ s. * _ s. *. s • s. ^ G. Other — Total H ardcover in Zone 11.7/s..- Total Paoperty A rea in Zone 'S0»l.7S'. S. •• __S. . S 100 f. J% ££2^ fy^- £''•2- hA«DU3 CALC'JLATia;: XOSK^Si-^^ ,:,.c< zo... <c: :..-E ce) C-75'(^^ 2:-n-00- E xisting Hardcove.^ in ^21^5 5co-innn' Sc A. H ouse B. Ga ^agc C. D riveway D. Sidewalk po WfS _ tZrHWL ^iOE' _ C. Patio / D eck ^ .. :•i Ft Landscape *'t'.' ^ are ^^ . I . ------ * p 6. Other ¥0 length 4 - X WIDTH - X :^i.i>7 X ___ U X X 4 g X \ X __ 10.s lo^g- .4d a 4 3 wv !*?.$ ns I 14- 1449 s.r. S.F.Id.4<» I2Cp S.F. S.F. _ S.F. b\^ S.F. 444._ S.F. — S • F • \Zo S.F. S.F. 1^5*S.F. m 3 S.F. //C/S.F. __ S.F ^ S.F. S.F Total Iarocover in Zone Total Property A rea in Zone S.F. [T iS.F. A */T> ^ _ -r B X100 - -it/i-ife— Bonestroo Rosene Andeiilk & Associates En^Uittrs A Archlttcts May 12. 1994 030 0 l0W» r: ^ wmm. n* C ATOOr-A. n MifV r w Sorvut. M I ff CdO» ^»iorvji f •acrt 0 S^fpn M Coorn C CAAiuunf homM a. iv:n A Oo^O^' M M •<%M W •osr Af OM O lOHM *f iNtn C Ai^tafA AIA A ttufeo*^ vjA A Mim0P. H MK^AT ^ Of Of T>tOFItl» Afwran AfA OOAM C fy^pefL n. t>igm^ A Oi f «d0«c J !»AP»f. Of trrvMi ifiTfrw. OS VKnift 0 Omi. Of M AfCOW OfMKAOfiC VfAm Of • MMTfL Of Jtf»y D Of itoJT a Ai^tt. Of AAfifieA Of ifi oe vr« A It# of. 0«7 W MOfiT' Of »twi J 0#Af%aA. A ! A OtAMi J IfflAtn. Of A toScrvfi#t Of OM# J CjtwAii 01 M«A o Mm Of Mutt t Of -'^CA ' - V OAAht Gf9^ filtA L #TrAr». Of Oiry O Or MO^ Of 0 Ooflt^ OC itoiiA « vapA Of O0u#tt J ftAOC OS SOf^MT o C^mhon »f 0‘v'ff Of Ota Q- Of JOAP 0 OOlOtf Of cntrifi A fnckwn un M Oa-«^#y Htftao M Oior jam 0 S-^ftiAM S0? City of Orono P.O. Box 66 Orono, MN 55323 Attn: Mike Gaffron Re: 139-1919 TY Bucey 2677 Casco Point Rd. Dear Mike: We have tevicwed the site dnunage on the Bucey property. Hie proposed gi^g plan ^ would direct drainage fioffl the entire site north then weK to the lake across the neighbor s (Shutt's) property. We recommend that the existing drainage patterns be followed after construction of the new home, nte diainagc should be split with the south half of the property being directed to the west The north half of the property can continue to drain onto the Shuns* property as it has in the put, provided there i» no ohjection by the Shutu. The Biiceys wwW hive the option of directing the drainage from the north half west on their property. This would ret^ire addiUonal excavation in the 0-75 ’ area and may cause more problems with erosloo of the lakeshore bank on their property. We do not feel directing the roof leaders to the street would improve the area drainage. The street drainage is a problem at this time, and addition water would make the situation worse. The erosion potential from storm water runoff in this area is very sensitive. We would recommend minimizing the changes that alter the direction of runoff from the property. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERUK, A ASSOCIATES, INC. Glenn R. Cook GRCisml t)4.CEN\«.COR 2335 West Highway 36 • St. Paul. MN 55113 • 612-636-4600 35-13-1554 S12 83a IJII r=.r*1 w ^ i / *^^00000^0400000 000000000000000 000000000000000 00000000000000, 00000000000000, ^ fc ifc fciH > ii fc I 6* CncTPucrwntnt en 0»79 Mt back U20 lilflBri oiistaten dasten. Inc.Bucev Rft< •• APR 1 3 1994 City of Orono P O Box 66 Cry stal Bay 55323 TO; Orono Planning Commission Date 04/11/94 CC; Mike Gaffron CC: Charles Schroeder Dear Chairman and other members of the Planning Commission. This letter is to verify my observation of existing hardcover relating to the Bucey residence located at 2677 Casco Point Road The hardcover was approximately five feet in front of the Bucey residence and from the edge of the house to the retaining wall of my property extending to the lakeside end of the house. I am the owner of the property located next to the Bucey residence and plan to attend the meeting on 4/18/94 in support of the proposed plan. H City of Orono P.O. Box 66 Crystal Bov 55323 'APR 1 8 1994 I * * To: Orono Planning Commission Date 4 15 94 Dear Chairman and members of the Planning , mir.ission. Ihis letter is to verify my ohsen ation of the builaing . ite and careful review of the building application and proposed plans dated April 14. 1994for the Bucey resideiKe. This application was completed by Michael P. Gaffron assistatit Planning cf- Zoning Administrator. My property is located directly across the street from the Bucey residence see exhibit ~ 1919 lot number ^ 130. As you can see my profierty directly faces the front of the Bucey residence. I will not be able to attend the meeting scheduled for April 18th but by writing ihis letter 1 wi.sh to express my support for the propo.sed plans. . Sincerely, ^ Vernon J. Buller 2660 Casco Point Road Waxzata, Minnesota 55391 'Hi 'V; Beverly & Lou Smerling 2552 West Lake of Isles Parkway Minneapolis 55405 APR 2 9 1994 Date; 4/26/94 cc; Jim Cradit cc: City of Orono -3' Dear Bev erly and Lou, This letter is in regard to us working together to develop a building plan for our house that would be acceptable to you, the neighborhood and my family Upon my returning home last evening my wife informed me that you had called and unfortunately I was not at home. 1 did return your call the same evening and unfortunately you were too busy to discuss our plans During our phone discussion you said that you would call the next evening to discuss the house I waited the next evening for your call and unfortunately you didn't call. I want us to work together and make this work for the whole neighborhood I look forward to working with you to revise the current plans addressing the issues that were brought up at the last meeting, and plan on calling you when the revised plans are ready for review . Sincerely, LINDQUIST & VENNUM 4200 tot 10 ro^- t«o^ ixi*i»^ic7y# 2205 Trur»MONf fia S7i-W^i fA* iiran a?0T IM Ot«A.«« U ndolkct 4 600 iTtn Stwi 9um 2i2S C0^»%>40 tOOPS tiOl Tfur^HONt X>67>6900 ATTO»HVf AT lAW noiERT a MITCHELL, JR 612-371-3262 April 27, 1994 Mr. James Cradit Cradit and Associates Inc. 67 Eighth Avenue N.E. Minneapolis, MN 55413 Re: 2677 Casco Pointc Road, Wayzatn, Minnesota Our File No. 445482.0001 Dear Jim: You and 1 talked on April 27, 1994 about the above job and your client Ty Buccy. I represent Louis and Beverly Smerling and their concerns about the Buccys ProP^sal. I have a copy of Mike Gaffron’s report to the Orono Planning Commission dated April 14, 1994. Subsequent to the Anril, 1994 Omno Planning Commission Meeting. I understand that you and the Buccys arc proposing to make changes in the plans which you hope will, among other things, allay the concerns of the Srncilings. Given time constraints and travel plans, it would be efficient if you could send copic.s of the plans to the following persons as soon as pos.siblc. Mr. and Mrs. Louis Smerling 2552 West Lake of the Isles Parkway Minneapolis, MN 55405 Mr. Bruce Schmidt - Arehitect 320 Manitoba Avenue South Wayzata, MN 55391 And a copy to me at the above address. We will review the plans as quickly 4S possible and get back to you. * •A LINDQUIST & VENNUM Mr. James Cadit Cradit and Associates, Inc. April 27, 1994 Page 2 You tell me ihni the City of Orono requires your suhmmal ot pltins for the Plannine Cotttmirsinn nteetin? of May 16, 1994. to be made not later than May 9 1994. I look forward to 'vorlcint will. you. 11 you have any questions, please call. Thank you. Sincerely yours, Robert G. Mitchell, Jr. RGMrljm cc: Mr. Bruce Schmidt Mr. and Mrs. Louis Smerling Ty Bucey Beverly & Lou Smerling 2552 West Lake of Isles Parkway Minneapolis 55405 may 2 1994 Date 4/29/94 cc: Jim Cradit cc: City ofOrono I'JA . Dear Bev erly and Lou, This letter is in regards to our phone discussion about our house plans held this morning April 29th 1994 I am glad you chose to call Mila personally at work this morning. It is much better when we work together personally As you know your lawyer called Mila yesterday while she was working and preceded to tell her that we owned a most difficult lot and we were asking for far too many variances. He also informed Mila that he knew this lot very well from past experiences. He also called Jim Cradit and forcefully asked for the plans before the May 9th time frame the city has requested. He also told Jim he had plenty of time to put these plans together and expected to receive them soon. I don’t know what instructions you have given your lawyer but both Mila and Jim Cradit reported that he was quite intimidating thus my request is to work personally together. If you do want your lawyer to contact someone please have him contact me. During our discussion this morning you asked for us to stop our plans immediately with our architect Jim Cradit and meet with your lawyer Mr Mitchell and architect to help design the house to your satisfaction. You said this would save us money since your plans would not need to be changed prior to the meeting being held on May 16th. Thank you for the offer of architectural assistance, while we would like to save the money, getting my family settled into our home is my first priority. Adding another architect will only slow down the process You mentioned your displeasure with the height of the house. I want you to know we are working hard to address the issue of the height which will be acceptable to you . the neighborhood and my family. Our new plans will conform to the City's requirements, thus a height variance will not be needed. You expressed your concern about the drainage of the house Based on your concerns and our neighbors to the north, the Shutts family I have hired a specialist in the field of landscaping and drainage to address these issues and will forward to you the plans when they are ready for review. I appreciate your ov erall concern about the development of our house and the cost of the numerous plans we have already developed. I hope you can see we are working diligently on all of the issues brought up at the last meeting by both you , our neighbors and the City Planning Commission. 1 will be forwarding to you the plans when they are ready on or before May 9th as promised. As you know, the fire occurred on December 18th, 1993 That was a traumatic experience for our family. Our family of four, with two small children ages 8 and j have now moved twice and are about to move again These are also traumatic times especially for the children. 1 hope that our meeting on May 16th with the Planning Commission will yield the approvals we seek So that the next move for our family will be to our home Sincerely, Ty luicey^^^-'^^;/ ^ LINDQUIST & VENNUM 4200 0$ CK«fnF« iO Soir^ Mmnca ^qus mm 90t« Sft4Q2^2205 TuPNCwr €i?'37t«1 tt«OUi9r ViMwA 800 ittm Sk0n COLOMOO 802004401 TttJPNM 30>A7>9800 A'PW ncys at cam ROBERT G. MITCHCLt, JR. 612-371*3262 Mav z 1994 Mr. James Cradit Cradit and Associates Inc. 67 Eighth .Avenue N.E. Minneajxilis. MN 55413 Re: 2677 Casco Pointe Road. Wayzata, Minnesota Our File No. 445482.0001 Dear Jim: I telephoned you on April 25, 1994, and followed that phone call up with a letter inviting vou and the Buceys to get together with Mrs. Smerling. Bruce Schmidt, her architect, and possibly myself as soon as possible to discuss the proposed house for the Buceys’ lot on Casco Pointe Road. You told me that you and the Buceys were in the process of drawing plans, that you thought it would be more beneficial to meet with us after you had drawn vour new plans, and that you would meet with us as soon as your new plans were ready. Apparently, you have a time deadline with Orono of May 9, 1994, for the May 16, 1994, Orono Planning Commission meeting. In view of your deadline, we are hopeful you can either meet with us promptly this week, with your plans complete, or better yet, meet with us before vou spend any time and money on new plans so that we can ^alk lO each other about ameliorating the conditions originally proposed. Obviously, we have "a chicken and the egg" problem here. In general, you understand that with the variances you request, the building previously propsed for the Bucey lot is burdensome in the extreme to the Smerlings and their adjacent property. Therefore, in general, the amelioration of the situation is to make the Bucey building smaller and lower so as to reduce its negative impact on its adjacent neighbor. It is difficult for Mrs. Smerling to specify in what fashion you could precisely ameliorate your structure without having some understanding of what changes to y ur original plan you now propose. UNDQUIST a\TNNUM Mr. James Cadit Cradit and AsscKiates, Inc. May 2, 1994 Page 2 Mrs. Smeling now understands from the Buceys’ letter that they do not wish to meet with her until after you have completed your second set of plans. When to meet is your choice to make, but be aware that you may then have trouble with your deadline should it become beneficial to you to revise your plans for Orono. If the Buceys wish to change their mind and meet sooner, please let me know. Sincerely yours, Robert G. Mitchell, Jr. RGM:ljm cc: Mr. and Mrs.Louis Smerling Mr. Bruce Schmidt Mr. and Mrs. Ty Bucey Beverly & Lou Smerling 2552 West Lake of Isles Parkway Minneapolis 55405 may 6 1994 Date: 5/04/94 cc: Jim Cradit cc: City of Orono • I Dear Be\'erly and Lou, This is in reply to your lawyers request for us to meet with him and wur architect on or before May 9th, 1994. to review the plans to be presented at the May 16th, 1994. Orono Planning Commission meeting. I am enclosing a copy ot his letter which I received today May 4th, 1994 1 want to assure you of our desire to have the plans ready for your rev iew as early as May 6th and no later than May 9th as promised in my letter dated April 29th, 1994 Again, I appreciate your overall concern about our home and the time and money already spent on numerous plans As you know, based on our telephone conversation May 2, 1994, we are working hard on all the issues brought up at the last meeting by you, our neighbors and the City Planning Commission. It is our full intention to hopefully resolve the height of the house, the height of the garage and drainage issues which were your main concerns voiced at the last Planning Commission meeting. These changes we feel will have a positive impact on your property and the property of Dr. Carl Shutts the adjacent neighbor to the north. As you know, the fire occurred on December 18th, 1993. That was a traumatic experience for our family Our family of four, w ith two small children ages 8 and 3 have now moved twice and are moving again this weekend. These are also traumatic times especially for our children Natalie and Stephanie. I’m sorry your lawyer feels we may have trouble with our deadlines since you know it is the last thing in the world our family needs. I hope that our meeting on May 16th with the Plarming Commission will yield the approvals w’e seek, since our primary family need at this point is to have our home back Sincerely, •0 SOkHH CiQKTM SnVET UNDQUIST & V'ENNUM Ijmdqui . VtwwuM 4 Qoffpfflpi too 17^ SiiT, 8uRi 212S raiPNQp*: ei2^37i^i fak 30»473.si00 A ttormcys A t Law ROBERT a MITCHEm JR (612) 371-3262 May 4, 1994 TRT yissr Michael Gaffron City of Orono 2750 Kelley Parkway Long Lake, MN 55356 » f" *..J ;! Re: Mr. & Mrs. Ty Bucey Dear Mike: Enclosed are some notes 1 made concerning the Buceys ’ variance application after I visited the site on April 27, 1994. From my previous correspondence you may be able to discern that 1 immediately called James Cradit, the Buceys ’ architect, and suggested that we meet on April 28 or 29, 1994 to discuss how this building project might be compromised to the satisfaction of all. Mr. Cradit took the view that it would be better to wait until he had finalized plans for the Buceys after the input the Buceys got at the April 1994 planning commission meeting. Consequently we have had no meeting yet with either Mr. Cradits or the Buceys to discuss the Smerlings ’ concerns. Mrs. Smerling is out of town on May 4 and 5, 1994 but is available to meet on May 6, 1994 and thereafter. As you can see from my prior correspondence she has retained Bruce Schmidt, an architect in Wayzata, to advise her hoping to come to an agreeable compromise. Mrs. Smerling wants to receive appropriate architectural-type advice, rather than legal advice, about the Buceys ’ new proposal. The concerns I have identified on the attached sheet may or may not be Mrs. Smerling ’s concerns or Bruce Schmidt’s concerns. But do to the shortage of time 1 thought it best to get my laundry list of observations on the table at an early time. As you can see my concerns relate to matters beyond construction of the new house on the bucey lot itself. I believe some of these matters are understood by you. I further understand that the Buceys having been advised of some of these problems and are developing a grading and’drainage plan to address the grading and draining issues. The tree which was cut down is simply a fact. The matter of not dumping leaves over the cliff is a maintenance issue. May 4, 1994 Page 2 Would you please send me the proposed new Orono ordinance concerning decks as referenced in your staff report to the planning commission. Without the proposed new ordinance I do not understand the situation concerning the proposed deck. Thank you for your help. Sincerely yours. Robert G. Mitchell, Jr. RGM/ccb Enclosure cc: Mr. & Mrs. Louis Smerling Mr. James Cradit Mr. Bruce Schmidt Mr. & Mrs. Ty Bucey •i'-i BUCEY VARIANCE APPLICATION 4. 5. 1. Holzer's concrete block retaining walls are leaning outward toward the neighbors* properties. 2. Also the way Holzer filled and graded his lot, water cones over the top of the walls and around the ends of the walls onto the neighbors' properties. 3. There should be drainage swales on the Buceys* side of the property lines to carry the water streetward and lakeward without it coining onto the neighbors' properties. The Buceys should not cut down trees on the cliff down to the lake on the Smerlings’ side of the property line. The Buceys should not dump leaves over onto the steep cliff as that kills the ground level vegetation and will set the stage for mud slides in the future (as along Co. Rd. 15 in Minnetonka Beach). Such slides can cause erosion slides on the Smerling side of the property line as well as on the Buceys* own land. 6. In general, the proposed improvements are too tall, too massive and too close to the Smerling property for a lot the size of the Bucey lot. The Smerlings* light, air and privacy are compromised by the improvements. The zoning ordinance standards are "minimums, ** which should be adhered to, especially on small lots with small minimum standards. Each neighbor is entitled to the benefit of the legal minimums especially where no or few variances are needed if the improvements are merely made slightly smaller. 7. The proposed new deck will be- in the Smerlings' west and northwest views, and at a higher elevation due to the filling Holzer did. Michael GafFron City of Orono 2750 Kelley Parkway Long Lake, MN 55356 cc. Mr & Mrs Louis Smerling; Mr Robert G. Mitchell, Jr Re; Mr Mitchell's letter dated May 4th, 1994 Date 5/06^“94 10 199* ^ • • I I'I - Dear Mike, This letter is in reply to Mr Mitchell's letter to you dated 5/04/94 He is appearing to fabricate the facts regarding the tree which was cut down about three years ago First, we feel he is misinformed about which tree on the hill was cut down and in fact the tree that w as cut dowTi was on my property Second, the tree was dead! This is facL These facts can be corroborated by three families, two of whom w here direct adjacent neighbors to the Bucey family and the Smerlings and one family the Stinson's ,who live six homes to the north of the Bucey property About three years ago, the prior neighbor to the north Mr. Chuck Downey informed me that the tree on mv property was dead and had Ducth Elm disease. Since we were not aware of this disease ,we were frightened to hear it could spread to the beautiful trees we have on our lot and throughout the neighborhood Since the small tree (the size of an adults hand) was dead it was decided to cut it dowTi But before taking this action we sought the opinions of two other families about this dead tree. Before the small tree was cut down I asked for the three families to come and look at this tree. They all commented it was dead and needed to be cut down. The three families who were eyewitnesses to the dead tree were as follows: . Mr. BiU Miller (residence adjacent to the Smerlings on the south side of her property) 2691 Casco Point Road Wayzata, MN 55391 • Mr. Chuck Downey (now the Shutts residence) 2675 Shadywood Rd Orono, MN 55391 Mr. Jim Stinson (located 6 homes to the north on Casco Point Road) 2623 Casco Point Road Wayzata, NfN 55391 Let me assure you, one of the reasons we spent our life's earnings on this property was not only because it was on the lake but because it was also decorated with beautiful trees and•< magnificent bushes which money could not buy If one stands on my lot and looks west at the lake you can see we have clearly done nothing to accommodate better views We enjoy the privacy & shade that the trees offer our home from the water craft As you can see we have plenty of water to view without cutting dow n any live trees Therefor there is no reason for us to deliberately take any action of this kind (cutting dow n live trees) and find it interesting that one would bring this up one week before our Planning Commission Meeting. All three eyewitnesses will be writing to the City of Orono regarding the dead tree but because of time limits and since Mr. Mitchell has brought this up at the last minute I feel it necessary to forward our comments regarding this issue. I won't even go into the maintenance issue since all the neighbors know we take great pride in our property regarding its appearance and impact on the neighborhood. I guess this is what Mr. Mitchell means from his statement in his letter dated May 2nd that we may have trouble. Sincerely, Ty/^ey LINDQUIST & VENNUM 4200 IDS Center Minneapoli*, MN 55402 Telephone: (612) 371*3211 FAX: (612) 371-3207 FACSIMILE COVF.H IgTTEB DATE:May 12, 1994 TIME:11:45 NOON PLEASE DELIVER THE FOLLOWING PAGES lO: NAME: FIRM/COMPANY; CITY: FAX NUMBER: Mike Galfron City of Orono Orono 473-0510 FROM:Robert C. Mitchell, Jr. We are transmitting pages, including this cover letter. If transmission is incomplete for any reason, please call. NOTES; Mike, I »o.ld 11I» «o pleoK giv. m. . ell o. 371.32« t., dl«u« b«fore I ,tv. the attached to the Buceys. Thanks. RGM Mr. and Mrs. Ty Bu«y 2677 Casco Hoint Road Wavzata, Minnesota 5S39I May 12, V/M Mr. and Mrs. Louis Smerling 2522 W. Lake of the Isles Pkxvy. Minneapolis, MN 55405 Rc; Proposed New House Dear Mr. und Mrs. Smerling: We cave you the new plan, for our proposed new house »n May 9. W' «>“ be presenting the new plans to the Orono Planniiig Commission on May 16, 1994, tor approval of needed variances. Those plan.s consist ot the following: Page 1 - Page 2 - Page 3 - Page 4 - Page 5 - Page 6 Page 7 - Page 8 - Page 9 - - Survey (Rev. 5-6-94) • Site Plan - East Elevation - West Elevation South Elevation North Elevation - Lower Level Blueprint - First Floor Blueprint - Second Floor Blueprint You have now had a chance to have Bruce Schmidt, your architect, look at these new plans and you have communicated to us your comments concerning our entire project. In order to amicably, in a neighborly way ^esolvc any diflcrcnces we may have with regard to our project, we hereby make the tolliwing agreements with you; 1.Wc will build the project according to the above-referenced nine pages of plans, if approved by the City of Orono. 2.Understanding that the mass of our new house is greater than our old house, we have done the best wc can to lessen the negative impact of that mass on your property. You understand that we need a number of variances to be able to build this new house. Wc revised the house design so that the lower level is, in fact, a basement level which docs not count as a story. Thus, our new house is only two stories tall according to the building code. Wc have also broken up the root and £0 ■ 3 riOi. \tr. ftnd Mrs. Louis Snicrling May 12, 1994 Page 2 wan line e. .he somhwe. on ,butters to the windows on ' ^ property and to the East ElevatKin so as to present a mccr too . further break up the mass of '^t' .. .j., ,5^ ^eck on the west side located 14 fee. north of our p^„ conforms .0 Orono's of the house is as shown on the Survey ' ^'on a average lakcshorc-^t^ck requiremem, as wui as ucu g bluff under the proposed new blutf 3. ruS."’r£:: "«?s .«■».“oppose 1994 this letter. Thonk you. Sincerely youfS, Tv Bucey Mila Bucey Understood and agreed this day of May, 1994, Louis Smcrling Beverly Smerling CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Ty Buccy 2677 Casco Point Road Wavzata, MN 55391 ZONLNGFILE #1919 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 4/22/94 COPIES TO: TYPE OF APPLICATION: DATE OF MEETING: 4/18/94 Variances VOTE: Planning Commission recommends the following: Tabled for reasons noted below. NOTES ANT) SPECIAL CONDITIONS: James Cradit 67 Eighth Avenue NE Mpls.. MN 55413 RSI Restoration Services, Inc. 15800 32nd Ave. N. Plymouth. MN 55447 ATTN; Don Becker 6 FOR 0 AGAINST Tabled due to: 1. Bluff variance issue. 2. Requirement for comprehensive legal notification. Planning Commission reviewed the various aspects of the proposal and gave general comments. It should be noted that: • Some commissioners strongly urged no increase in "lot coverage by strucnires" above existing 18.4%. • Applicant was encouraged to work out issues with neighbors, especially in lowering the structure. • Planning Commission did not close the door on possible grading/cutting in the 0- 75’ zone . . . In order to cover all anticipated variances, publication of public hearing notice for the May 16th Planning Commission meeting will include: Lot area variance - Lot width variance - Hardcover variance . Lot coverage variance Side and street setback variances Bluff setback variance CUP/Variance for grading within 0-75’ zone and within bluff impact zone Building height variance. PC Action Notice - #1919 April 22. 1994 Page 2 Applicant’s next scheduled meeting is confirmed as: Planning Commission Monday May 16. 1994; meeting stans at 7:00 p.m. Please submit any new information or revised proposals no later than May 9, 1994. If you desire cenified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. f > c 13. TO:Planning Commission Members Ron Moorse, City Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE:AprU 14, 1994 SUBJECT; #1919 Ty Bucey, 2677 Casco Point Road - Variances - Public Hearing Application: Request for a number of variaiKCS to construct a new residence to replace one that burned just before Christmas. Note: You may have to walk on the property to the south tc access this site - the neighbor has no problem if you do. Zoning District - LR-IC Variances Re<|uired/Pertinent Code Sections 1.Lot Area: Required - 21,780 s.f. or 0.50 ac. Existing - 12,894 s.f. or 0.30 ac. Variance - 8.886 s.f. or 0.20 ac. (40%) Ordinance Section 10.25, Subd. 6(B) ■y 4^ •Lot Width: Required - 100’ Existing * 60’ Variance - 40’ or 40% Ordinance Section 10.25, Subd. 6(B) 3.Lot Coverage by Structures: Proposed House: Proposed Deck: Existing Garage: Existing Boathouse: Proposed 1,646 s.f. 496 s.f. 615 s.f. 160 s.f. Prior. 1.599 s.f. 2^0 0 S.f. 615 s.f. IhO 160 s.f. Proposed (2,917 -5- 12.894): 22.6% Allowed: 15.0% Previously Existing: 18.4% Ordinance Section 10.Subd. 14(C) 2,917 s.f. 2,374 s.f. 21H = 2.1.0 4.Hardcover: Pre-Existing Proposed Allowed Variance 0_75’ 7.9% 7.9% 0% (No change) 75-250* 47.6% 43.1% 25% 18.1% Ordinance Sections 10.22, Subd. 2; 10.55, Subd. 8; 10.56, Subd. 16(L) Zoning File #1919 April 14. 1994 Pace 2 5.Principal Stnicturc Side and Street Setbacks f <• (Since the existing detached garage is proposed to now be attached and roof raised 4 -5 . variances are required for its existing substandard location.) Variance G«agc Side Se.bock: ^ Garage Street Setback: 30 21.8 »- ^7^) Ordinance Section 10.25, Subd. 6(B) 6.a^rwler^curre^^ technical definition, top of bluff based on a mid-lot cross-section is 2 lakeward from proposed decks) Required Setback from Top ot Bluff: 30 Proposed; 2 • NOTE: Under the proposed zoning amendment, no variance would be required in this case . . . Ordinance Section 10.56. Subd. 3.2; Subd. 16(C) List of Exhibits A - .Application B - Letter of Request 4/l4>94 C - Plat Map D - Property Owners List E - Proposed Site Plan F - Pre-existing Site Plan G - Hardcover Calculations H - Building Plans 1 - Bluff Cross Section by Staff J - Photos Submitted by Applicant K - Documentation from Previous Grading Approval - Resolution #1079 Discussion The Bu.ev residence was destroyed in a fire on December !8. 1993. On Decemter 30Ui the on February 25th. In the ensuing weeks the building inspector called out a number of problems with the proposal relaKd to building height and grading plans. It was the initial intent of the property owners to Zoning File #1919 April 14, 1994 Page 3 create a walkout situation on this relatively flat lot that has a steep bluff in the 0-75 zone. At least three plan revisions were made in an attempt to meet all code requirements. However, as some issues were resolved, others were encountered. Once it was discovered that the submitted hardcover calculations were calculated incorrectly, applicants were notified that a variance would be required. A variance application was submitted, and during review of the application staff has concluded that there are si.x specific variances that must be addressed, although the public hearing was published merely for the hardcover variance. That in itself raises some question as to the validity of this hearing, although the immediate neighbors have been notified of the variance application and abutting neighbors have seen the proposed plans. Staff anticipates that a number of the adjacent neighbors wall be in attendance at the Planning Commission meeting. Variance Review Lot area/lot width The lot area and lot width variance is inherent in any substandard lot situation where an existing house is removed and new one is proposed to be constructed. At 60* wide and approximately 1/3 acre, this lot is practically the smallest building site in the immediate neighborhood (see plat map). However, a house existed on the property for many decades, and improvements have been made through the years. This was obviously the Buceys’ homestead property and denial of lot area and width variances (hence denial of buildability of the lot), would certainly be a hardship for the property owners. Unfortunately, the small lot size magnifies the degree of variances required in order to rebuild. Lot coverage by structures The 1990 "accessory structures" ordinance amendment included limiting lot coverage by structures to 15% of total lot area for lots less than 2 acres in area. The pre-existing lot coverage by structures was 18.4% including house, garage, and boathouse. The new proposal increases lot coverage to 22.6%, due to the addition of decks and a connecting link between the garage and house. Are there sufficient hardships demonstrated to justify this magnitude of lot coverage by structures? Hardcover Pre-existing hardcover in the 0-75’ zone is 7.9%, and no changes are proposed That hardcover includes a boathouse as well as stairways and walkways. Zoning File #1919 AprilU. 1994 Page 4 In the 75-250’ zone, hardcover is proposed to decrease from 47.6% to where only 25% is allowed. Pre-existing hardcover proposed to be removed includes small portion of driveway, a slab behind the garage, and other miscellaneous rearrangements of walkways. Is there adequate hardship shown to justify the proposed hardcover variance .> Are the proposed reductions in hardcover adequate under the umquc circumstances of this lot? Street and side setbacks It is worth noting that the existing garage was reconstructed under variance approval in September 1978. A garage has existed at this location as close as . from the side lot line and approximately 20’ from the street lot line since 1975 or earlier. The variance is necessary because the roof envelope is expanding upward in a substandard street and side yard setback, and the fact that the garage and house will now be attached suggest that we are now being asked to grant setbacks for a principal stnicture rather than accessory structure. The neighbor to the south, Mrs. Smerling. has expressed to staff her opposition of allowing the itarage roof to be raised, noting that it will block her morning sunlight to an even Breafer extent than it is now blocked. Is there suflicient hardship to grant a variance allowing the existing garage to be 4’ higher as close as 2’ to the side lot line? Bluff setback Staff initially reviewed the bluff status of this site approximately two months ago and initially concluded that the top of the bluff was at approximately the 955 contoua and that the proposed construction met a 30’ setback. In the weeks that followed, intensive bluff interpretation discussions with the DNR ensued and consequently staff concluded that the current code is neither practicable nor defensible. ' That is why tonight ’s agenda includes a proposed "top of bluff’ definition amendment. Under the current definition, "top of the blufP for this property is 2’ lakeward of the proposed decks, and virtually all of the decks and a significant portion ot the house would be encroaching the required 30’ top of bluff setback. However, under the proposed ordinance amendment, top of bluff would be approximately 47 ’ inland from the shoreline, and the 30’ setback from top of bluff would not be encroached upon by either decks or house. Zoning File #1919 April H. 1994 Pace 5 Planning Commission should be aware that while the Vergeyle bluff variance application was approved, since then other applications have been held up until the code amendment is completed. Planning Commission may wish to consider whether the hardships in this case justify granting of this variance without delay. Grading Plan Discussion The previous owner of this property, Mr. Holzer, commenced grading on the property including work within 75’ of the shoreline, in 1979. After extensive review by the Planning Commission and Council, a conditional use permit and variance was granted to allow grading to continue subject to specific conditions. Please review Exhibit K, Resolution #1079 and Exhibits, which define that approval. As a result of the grading work, existing grade today appears to be perched 2 ’-4’ higher than the properties on either side, held in by retaining walls. It was clearly Mr. Holzer’s intent to have a flat yard rather than a yard that gently slopes away from the house towards the neighbors as the submitted photos (Exhibit J) suggest. The City apparently found some merit in the proposal in the potential to direct d> linage away from the neighboring properties and towards the lake. Building Height Question The applicant ’s architect, Mr. Cradit, has worked extensively with the building inspector to desien a house that meets the 30 ’ maximum height limitation. In doing so, he has in effect created a three-story structure based on the definitions in the Uniform Building Code. Briefly, that definition states that if a floor is more than 6’ above grade on all sides, the space below is considered as a story. Therefore this is a three story building, while the zoning code /.eight limitation in Section 10.25, Subd. 6(A) reads as follows; "A. Height. No ‘•’^nicture or building shall e.xceed 2'A stories or 30 ’ in height except as provided in St 10.75". (Section 10.75 discusses >Of»iie features such as antennas, flag poles, chimneys, etc. which are allowed greater height but are not pertinent to this discussion). The building staff has rarely used the Vh story limitation because it is difficult to interpret. There is no definition of what constitutes a "half-story". As Planning Commission is aware, it is not unusual to have a lakeshore walkout residence with three levels of living area visible from the lake side plus a steeply pitched roof. Such strucnires technically meet the 30 ’ height limitation but in fact may be as much as 45’ in total height from the walkout grade to the peak. Although it is essentially an aesthetic issue, the neighbor to the south has suggested that this house will tower above the neighboring houses and may not be visually compatible with the Zoning File #1919 April 14, 1994 Page 6 neighborhood. Planning Commission may wish to discuss »'>'=‘her the magnimde of reoLsted impact the visual aesthetics of the neighborhood. On purely the height issue he Ci y Kt toTurs knowledge denied variances specifically based on visu^ incompatibility with the neighborhood. Of course, visual compatibility is in the eye of the beholder. In viewing the site on April 13th 1 reviewed the plans for this property with the Smerling who would like to see the house reduced in height to become mote compatible with the neigLorhood Putting the house deeper into the ground would lower it, but a walkout from ite Towest le^ would have to becoiie a -walkup- or alternatively a variance to allow excavation for a walkout in the 0-75' zone would be necessary. Planning Co^ission may wi^ to consider whether, in ihe scheme of things, such a proposal should be pursued by tiK Ipplicant. It would be inconsistent, however, for the City to allow 0-75 excavation to create a^walkout when the City has denied that in a number of other lakeshore applications. Request for Speedy Referral to Council Please review applicants' letter of request dated April 14th. Due to the various delays to-date, applicants wish to commence construction as soon as possible. Options for Planning Commission Action Planning Commission has a number of options, including. 1. Approval all variances as presented. 2. Approve some variances but not others. 3. Denial of variances. 4. Table for further information. 5.Other. Anv r-""-"-"4a»inn for approval should clearly specify the hardships supporting such approval. ne“oilendation sLid be similarly justified. If the request is tabled, give applicants very specific direction as to how to proceed. Note; Prior to the meeting staff will confer with the City Attorney regarding whether published notice was adequate for the total application. t 7 li.-. ( CITY OF ORONO - N'ARIANCE APPLICATION . t Initial Application Fee S200.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming structures $200.(X) After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address ZA<rx-^ rrrv -r ^vraf#- W A f f w*» U‘OC*MW iryki^rc nzzTrc i J*/v*„vvvvv .'if -L'V iVA U4»iT i I ki/9 V' TLiTt Ti ijc: r I L. A f w’« V LcrcTO r« ru.Aiik- Vf-v»Mwvt.a> » t nr^fi\ I u.*w -i Xm:' * r '^s^ i vA f T < frT«.//i.*>v wwa i A a A 7,-^ Prt^rty Identification Number (P.I.D.) ^ a ^ Attach legal description to application if not included on required survey. Date Property Acquired__________________^ ________________ (So (month/year)7 Present use of property: X residential Zoning District: __________________ other (specify) APPLICANT Name ^\a.cjz^rsame T7ncfew ___ Address: OitAfa ^<-Q 11 If (if different than applicant) Name - “ v> Phone (home) __ ~\jJ^ _____ Phone(work) City:Zip: 6^/ OB'I u.a.. ___ . PhoneOiome) *-1 - o P SI Prchf.ra.'S on 'S»'.'f<vPhone (work) S *53- t 417 ity:E(' - ■Address:/■=T*^ c c /?.te A.\^ Citv: DESCRIPTION OF REQUEST Estimated Construction Cost $A'' Describe request indetail: iLcci^ //aJ^ g/J_ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width K Setback:Front !<. Side Hardcover Rear Lot Coverage Average Lakeshore W Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventmg compliance with Zoning Code requirements: (attach additional sheets if necessary) REQUIRED SL^.MITTALS a;i of the following information must be submitted bv the application deadline datg in pr<|gr for vour application to be considered complete: 1. 2. 3. 4. 6. 7. 8. 9. * Completed Application Form y 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). t Plat Map (obtained with property owners list). _j_ Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8 Vi x 11 for reproduction. Y Topographic sur\ ey (existing and proposed elevations) if any changes m existmg grade are proposed. In addition, provide one (1) copy 8 Vi" x 11" for reproduction.^ '^ketches or plans of floor & elevation views (provide one (1) copy SVi" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As a| addendum to this application, please attach a separate list of any other persons you wish notiFied of this application. Additional items as may be requested by City suff. The Applicant and Property Owner must sign this application Please remember that your variance aDPHrntion is not complete if the above information has not been intpluded^ APPLICANT’S SIGNATURE . u u v The applicant hereby agrees to provide all infonnaticn 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 true and correct to the best of his/her knowledge. Applicant’s Signature ^ ^------ 0WTST:R ’S SIGNATURE The owner hereby acknowledges 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 investigation and verification of this request. a Date 3'^^ ____ 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 niorith. AppUcants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, pl^e make arrai^ements to have an authorized agent attend in your place and to advise the Building & Zoning Office ot thi«; chan ge prior to the meeting. crn OP ORONO - boilding permit application Total Fee: $Data Received: Date Approved: Entered By:Pemit #: ALL INFORMATION MOST BE SUBMITTED IN FULL BEFORE PLAN REVIEW WILL BE STARTED (See Check-cff List Enclosed) THE APPLICANT IS: (circle one) 0^'fNER or (^NTRACTC^ JOB SITE ADDRESS: - - - - - - -XIP: NAME OF OWNER: A. --- - - - - - - -- MAILING ADDRESS: ^T. <243 _ CITY: DeoAJO (wor)c) ^*1 PHONE: (home) ^ XIP: CONTRACTOR: t o^4.C>» PHONE:—O- -1—^ waLINC KDDRESS; i^too CITY; AtoutK --- STATE LICENSE: ARCRTTErT/ENGINEER: ^iVv^ CJt^AO\-X MAILING ADDRESS :VA AuU. hJts, NAME: »iiov>.Q _ _ _ _ _ _ _ _ _ _ PHONE; CITY; _ _ _ _ _ ZIP: REGISTRATION ♦ feTW3 TYPE OF WORK: New X Addition Remodel/Alteration_Demo Accessory Structure_ _ Move Renovate_ _ Land Alteration_ PROPOSED WORK (describe in detail); k3^ WJ '^lexp j)am.a «ue._____________________________— STORIES; ^ SQ. FEET OF EACH FLOOR:_l4cS_______________________ NO. OF BEDROOMS; 3 GARAGE STALLS: ATT. "S—BET. /^<> ESTIMATED CONSTRUCTION VALUATION (excluding land): $ 1^0. ^eo I hereby apply for a building permit and I acknowledge that the above is complete and accurate; that the work will be in conformance with th ordinances and codes of the City and with the State Building Code; that I understand this is not a permit and work is not to start without a permit; ana that the work will be in accordance with the approved plan. APPLICANT’S SIGNATURE:DATE; Z\ Ty 8t Mila Bucey 2677 Casco Point Road Orono, MN April 14. 1994 Orono Planning Commission Charles Schroeder. Chairman Crystal Bay. MN 55323 Chairman and oth«- planning members: I am writing this letter to give you Information for oir variance hearing scheduled for April 18th. 1994. On December 18th, 1993 my family experienced a fire in our home that made it necessery to tear down our house at 2677 Casco Point Road. We were moved to the Lafayette dub for temporary housing and started planning to rebuild. Due to the extremely cold winter weather we were delayed and a further delay occurred when it was determined we needed a variance for the hardcover in the 75' - 250' lot area, even thou^ we will have less coverage than before. On February 1st, 1994 otr family was moved to moved to temporary housing near oir burned home The temporary house was on the market for sale, but we felt we could build before we would have to move. On April 1st. 1994 we were given notice of a sale and will have to move by May 31st. 1994. Therefore, we are requesting that our hardcover variance request be considered at the hearing on April 18th. 1994 and forwarded to council chambers fa their next meeting on April 25th, 1994 fa final approval. You may contact us at 471-9335 as to your decision on our request. Thank you fa yoir time and considaation. Ty and Mila Bucey PA MU un 6S/»mBATCH OOS KftCPXN COUNTY WWHfHTV INTOMUTiON SYSTIH HROI^RTY OMCRS LIST REP(»T NO. BIA354Q1 BA6I ISMtOP AOOR OM4ER NAME TAXBAYEII NAHE/AOM SB tO-117-2S ZS 0001 02MS CASCO rOINT RO BEVERLY SMERLXNB BEVERLY SMERLXNB ESSE N LAKE Of ISLES nCNV MRLS M4 5SA0S SB E0-117-ES ES OBOE OEATl CASCO POINT RO MILLXAM F MILLER MILLXAH F MILLER EATl CASCO POINT PO HAYZATA M4 SSSf* SB E0-117>ES ES OOOS OEAPS CASCO POINT Rl JOHN T REOMONO JOHN T REOMONO EATS CASCO POINT RO MAYZATA FM SSSPl PROP AOOR ONNER NAME TAXPAYER NAME/AOOR SB E0-117-ES ES OBEO 0EA77 CASCO POINT RO TYRONE A RUCEY A MILA BUCEY TYRONE A A NILA BUCEY EA77 CASCO PT RO MAYZATA MN S5S91 SB E0-117-ES ES OOEl 0EAA5 CASCO POINT RO C R SNUTTS A H B SHUTTS CARL R A MARILYN B SNUTTS EAAS CASCO POINT RO MAYZATA Ml SSS91 SB E0-I17-ES ES OOEE 0E459 CASCO POINT RO S S STANOA A I S STANOA S S STANOA A I S STANOA EAST CASCO POINT RO MAYZATA MN 55S91 i -) 5 PROP AOOR OHNER NAME TAXPAYER NAME/AOOR SB E0-117-ES E9 0001 0EAB9 CASCO POINT RO 0 L RIH^LE A L F Ri»«LI OAVXO L RUNKLE EAB4 CASCO POINT RO MAYZATA Ml SSS91 SB E0-117-ES E4 OOOE OEAAO CASCO POINT RO V A 0 BULLER VERNON J BULLER EAAO CASCO POINT RO MAYZATA Mi 5SS91 SB E0-117-ES E9 OOOS 0E4B9 CASCO POINT RO 0 L RIRKLE A L F RUNKLI OAVIO L RUNKLE EAB9 CASCO POINT RO MAYZATA Ml B5S91 I J3 PROP AOOR OMCR NAME TAXPAYER NAME/AOOR SB E0-117-ES E4 00E9 0EM9 CASCO POINT RO J A SCHERVEN JON SCHERVEN EM9 CASCO POINT RO BOX lEO MAYZATA MN SSS91 SO E0-117-ES E9 00S9 0EA9B CASCO POINT RO J M A B J ESSEN JEFFREY A BARBARA ESSEN Z44B CASCO PT RO MAYZATA MN 55S91 5y.-£g5a| TOTAL BATCH OOS 00011 I CERTIFY THAT THE FACTS REPRESENTEO ARB AN ACCURATE ANO TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPARTMEMT OF PROPERTY TAXATION, TO THE BEST OF MY KNOHLEOCE ANO BELIEF., , j, ^ I ] /f\ • DATE I i . i i 'i i I '• •. n 0> 0D< ‘ £‘zS O-OmfH * * i r3 tf)c 39 r <m i “|8 5 . Z ■< Zo ‘4 O ‘ i 1 J *■* iQ *n 5 >IK 5 O > 09 < °-§Sm • • m zjlJSz . ’ «4* HARDCOVER CALCULATIOJOJORKSHRC ^ IC Existing Haudcovm in Zone A. House c, Driveway 0. Sidewalk E. Patio/ Deck F. Landscape areasUNDERLAIN av t .plastic 5HEETING LENGTH WIDTH _ X \y — X X X ^ X _ X - X - a X X X __ __ X 13 —Xg. Other — Total Hardcover in Zone Total Property Area in Zone 7 t 2 (0O 250-500' 500-1000' • m S.P. •m . S.F. - S.F. _ S.F. S.F. MpO . S • F • S.F. sIf. . \io S.F. S.F. m S.F. S.F. .S.F. S.F. • S.F. 0 . S.F. S.F. S.F. S.P.B X 100 i '% ^0 Wifoiet. i I i. .. • «. . • • . [40 v^o y ^ 4100 \3c» )( ^ -S 'Jji±±. • '"'Jjfc'o^jsn-soo' wo-ionn- * ^t»ack zone ; (circle one ) 0-75 ----j ExliTiNS Harocover _im_Zohe » -4'------•House LENGTH WIDTH Bt Garage 'bo __X _ X Ta.i" c. Driveway E- . ^.(r 7 _ X - 'lO D. Sidewalk •6»C4MS TO^ CoMMi^c-T ♦ UoJ^t ______ E. Patio / 1__JO. r iSii F.Landscape — ..A.UNDERLAIM BY -r—plastic SHEETING X X X na 78 IN X — . X ^ uofc.'iu ii^ 4*'T fiP ---------T w 0. Other —----------- A Total Hardcover in Zone Total Property A rea in Zone l5"fJ S.F. •S.P. ♦ • S.Pi ----------------S.F* ^ ______S.F. _____S.F. S.F. 'loo. • i,f> lZ6..<a_S.F. JAO.o 20- ^__S.F. S.F. . ^6r__. S.F. 73 _. S.F. . S.F. • . S.F. 0 . S.F. <2.00. , S.F. - S.F. 5(5 (^‘t.4._ S.F. % 0 _ X 100 47. fc •% ffi£'&cfsn^^ r HARDCOVER ^''LCDUTIOH KORKSHE^ SSTBACK ZONE: (CIRCLE ONE) 0"75 ~ ^ Existing H ardcover A.H ouse 9U _ X 4o ^l^yo ^ s.F length 4- WIDTH X ____^ ■S.F /as /2t. s.f S.F. S.F. B, Garage i?. /© c. D riveway X _riiL^ /© __ S.F. • f» x ‘ 'i<— ^-r e \ * £. mfm/ D eck 4. ^ F.Landscape ------------------ ^ p.''"SSowkMti I ^______ K ab ¥1c ‘ "" I £He»IW5 I dM- « F. 'H* ^Zi——-=V*<7tV5>-------- • 0^^ S.F. V *S.F. y VJ«^ X X IIJ S.F.y ^bAttU S.F. S.F. y Total H ardcjver in Zone - Total Property Area in Zone bVVf^ X 100 __ S.F. S.F _A "b -r Q 1-^T pFArie "IS'IS^ HA<yy3avev2..W9.Ui4e».g?i rta>* WSTAMJlMa uiwju W4 ^bir^ k ^ 3?*’ W»P^ ^iPt^AUd nuppw.fLP.. 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I- w' -SCALE I0 •> DENOTES IRON if SPRIIIG PiopoMd Moffnalkin mifll bt ctiadwd wlOi appfo^ buldvig pl^ Tha onhf tAtmn an kom plats of rscoia or mformaiion proMdod by Rto honby oorttfy VMi Ms It a mio and eomct rtpivoonioiion of a sun«y of veo I of tfw abM doaontood land and Vw location of sU buUdinQs and MS' Mo onomoc Hmon U, M nnt >owi or on aaid land. I m»m Ath ftbrutry peviACo fce. . rtM- Si^d R^ymofid A. fr«Kh» Minn. Rag. Na 6743 resolution no. ADDcnvirC A CONDITIONAL USE PERMIT '^®°"^nAR«N?^FoALEXANDER HOLZEK WHEREAS, the « ^^a“a‘co.^p^isi^ce"faIn ,.-adin, on his ptopesty locate. at 2677 Casco Point Road; and WHEREAS, said ®"’^®5^|^'^'^of®I,ake"Minnetonka, which alteration on an embanl^ent 31.830 et. seq. of the Flood P?lL7Jniqe*ent''lec?ion o? the Orono .Honicipal Code; and WHEREAS, said PtoP°s®l ®'’p“t'o|®a®n|rm!i''buildiig^permit, 31.700 of the Orono Municipal Code, f i-\yo ^ihove work was undertaken prior to ;■ r-Tfor^thf required permit and/or varianoe and has been s^^pendeHeidlnf the outoome of this applioation, NOW, THEREFORE, BE "^ MSOLVED, that based upon^^^ ^ri^ruca-i ^j;rc!iy^rno?r^Sr:S^ faLs the following findings of fact: 1. certain portions J^age^to^the^neighboring undue erosion and/or wat ^ ^g boathouse on the ^ioperti^o the'niith aL possible erosion damage to the ^^i^an^Lt on the property to the south. ^;dergiruira?rbenelicia!!?1-vlng£^^^^ or Slippage of the applicant s embankment. 3. Certain amounts of site ^J^^^^Jaters^for^erosion control, and/or direct the flow of surface waters tor ex 4. Certain other amounts of n'^^Jg^JJ^t^required for wall construction above the ground are n ^t the drainaqe or erosion control purposes and lakeshLe visibility from adjoining properti- . 5 Certain amounts of the wall which ^ sections 34.201 and ^J;202 of the municip within ?r?i!'of‘?L^?2keshoiror°fhe:d^ff- ?he average setback of lakeshore residences. Resolution No Page 2 1079 6. Some work is required to be accomplished as soon as possible to restore vegetation to the land« correct improper portions of the work already accomplished, and prevent undue erosion over the winter. 7. Special conditions applying to the land in question are peculiar to this property and immediately surrounding property and do not apply generally to other land or structures in the district in which said land is located. 0. The granting of portions of the application is nec:ssary for the preservation and enjoyment of a substantial property right of the applicant. 9. The granting of permits including a variance to allow a certain extent of the work to be completed will not in any way impair the public health, safety, comfort, morals or general welfare, nor the value or security of adjoining properties. 10. The granting of the permits for some of the work will not be contrary to the intent of the Comprehensive Land Use Plan or the Zoning Code. 11. The granting of the necessary variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrated hardships or difficulties to allow correction of the existing problems and to secure the interests of abutting property owners in maintaining the value and security of their property. FURTHERMORE, BE IT RESOLVED, that based upon the foregoing findings the City Council hereby affirms the conceptual approval for such work as granted at the September 25, 1979 Council meeting according to the following conditions; 1. Work shall be done essentially as proposed on the drawing made by Gordon Coffin Company, dated September 18, 19/9, as clarified by the letter of Robert Mitchell, dated September 25, 1979, except that the top of the buried portion of the wall across the front of the property shall be at elevation 958.33 ft. 2. Final grading shall be reviewed and approved by the City staff. 3. Drainage patterns shall be essentially as shown, with no piped drainage to Lake Minnetonka. 4. All exposed earth shall be satisfactorily sodded or seeded to control and prevent erosion, with steeper portions of the embankment to receive additional vegetation having deep root systems. Resolution No. 1079 Page 3 5 Any work required to correct and restore areas on properties shall be negotiated and/or resolved between the parties as a private matter and is not a part of these conditions. 6 work shall be completed this fall, preferrably as sion as possible, but in no case l*‘?^'^>’an December 1, 1979. except that portion of the work requiring planting or thrintent'ion"be!nf t/fully piotect Lorn runoff and erosion dLage over the winter and during spring runoff. 7. Failure to satisfactorily complete the considered a violation of the zoning code punishable as a misdemeanor as provided therein. 8. The applicant shall sign this resolution as an agreement to complete the work according to these conditions. ATTEST; Robert Mitch Adopted by the City Council of the City ojE O^no c fi the day of October . 1979. ATTEST: ^ Walter R.'^ensbn, Clefk/Acminifctrator f.' •%T .7 ^ ' > Jf ■ •^ 0 \ •iJ '^k\4' • *- • >r V 'f ✓ .; __'^ •' T '/; ■ *’--r?'f -’• - .\ .*-i V>-iV : m. M Pi f7'»va .**r1fVrt^ • • V'- • •'/ L_ 7m7C~ "" - ^ '■.’ *1 /K**’? •'’ ^ »/ ■ v\ • :. i/^»,'^ .*.* T Wsraniewfwf^r?^ - -, *‘^r ... . V.;.;' yy V-,. s’.-;:' .'X; '<;:-i.:t.*'sax;? ^ »• A . CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 9 APPLICATION NO. 1920 ''^Ay NOTICE OF COUNCIL \CT(^ J Date of Notice: 5/17/94 %G TO:Phillip M. Otto 19050 Stratford Road, Apt. 208 Minnetonka, MN 55345 COPIES: TYPE OF APPLICATION: Variances DATE OF MEETING: 5/9/94 VOTE:3 FOR 0 AGALNST COUNCIL ACTION Table all consideration of your variance application at your request and to reschedule the application before the Council at their May 23, 1994 meeting. Please contact the Zoning Office if vou will be unable to attend the May 23rd meeting of the Council. BPS: Mayor and Councilmembers - Refer to packet information of 5/9/94 meeting. Please contact staff if you have misplaced yours and additional copies will be sent to you. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4 22_____ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 5 (B) FILE NO. 1920 WHEREAS, Phillip M. Otto (hereinafter "the applicant") is the owner of the property located at 4116 Highwood Road within the City of Orono (hereinafter "the City") and legally described as follows; refer to Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 5 (B) to permit the construction of a new residence that will be placed 14’ from the street lot line where a 35 ’ setback is required and 3 ’ from the west side lot line where a 10 ’ setback 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. 2. This application was reviewed as Zoning File #1920. 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 I CITY of ORONO RESOLUTION OF THE QTY COUNCIL NO. 8 4 22____ 4. B. A residence had existed on the property for over 40 years until it was destroyed in a fire in 1989. C. The size and width of the lot is consistent with other properties within the High wood Road neighborhood. D. The original residence was located 13 ’ from the street lot line and 3 from the west side lot line. E. The. lew principal strucmre 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 Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zomng district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substanual pro{^ity 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 recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, Oro"® hereby granc variances to Municipal Zoning Code Section 10.25, SuMmston 5 W O'™ the construction of a new residence requiring a lot area vartance of 26 672 s.f. width variance of 60’ or 43%, a street setback variance of 21 or 60% and a stde se b variance of 7’ or 70%, subject to the following conditions: Page 2 of 4 r««soo) CITY of ORONO RESOLUTION OF THE Cm' COUNCIL NO_______________ 1.Lois 39 and 43, Highwood Lake Minnetonka shall be legally combined prior to the City issuing a building permit for the new construction. Applicant to provide detailed grading and drainage plans with application for building permit to ensure drainage follows existing pattern and to address the stabilization of all disturbed higher elevations within street yard. All improvements of this property shall be limited to 30% hardcover. Authorities granted by this resolution run with the propert)- not with the applicant, but are permissive onlv and must be exerrisec by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 23, 1995). 5. 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constimte a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Miruiesota at a regular meeting held on the 23rd day of May, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner (s) Page 3 of 4 ^Mson D0 CITY of ORONO RESOLUTION OF NO. cm COUNCIL STATE OF MINNESOTA ) ) ss. COUNTY OF ^jrc^l’of orno%T^sou“j'*’' City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _ day of _ ^ 199 _before me a Notary Public within acknowledged that he (they) executed the same as his (their) NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _ day of , 199 before me a Notary Public within acknowledged that he (they) executed the same as his (their) t notary public Page 4 of 4 tar« J3W resolution # S 4 S 2 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO Exhibit A That Dart of Lot 38, Highwood, Lake Minnetonka, described as follow^ Commencing at the Northeasterly corner or said Lot thence Southwesterly along the Southeasterly line of distance of 98 feet to the point or beyinniny of V Demy described; thence derlectiny right 69said lot a deure^s'rdisi^nce or^.r^eet,' thence deflecting left 90 Soothe aster I y line; thence Northeaster Iy todegrees to said III puint ut DP9."n.ny. ‘j! 1 u 1 e.MIe or or record in the olMce ot tne RegiiCrar ot Title, r vj •' Said County.in and ALSO That pati ot Southv^es ter I y of Lot 40. Hiynwood, Lake Minnetonka, lying the line drawn from a point oti the North- or said lot. distant 22 feet Northeasterly to a point on thewesterly i1ne i„tTroin the Southwest corner of said lot. most Southeasterly line of said lot. distant ’2 reet North- easterly from said Southwest corner, accoiding to thereor ori file or or record in the office of the Ru'jist a. i n and for said County.of Titles 59. Highwood. Lake Minnetonka, accordi'iy to the plat thereof on rile or or record in the office or the Registrar of Titles in and tor said County. ALSO Lot 43. Highwood Lake Minnetonka. I ' «■« IS REQUEST FOR COUNCIL ACTION DATE: 5/19/94 ITEM NO.: jQ \ % Ot, \ Department Approval: Name Michael A. Gaffron Title Asst. Planning & Zoning Adm. Administrator Reviewed:Agenda Section: Zoning % Item Description: #1925 Peter Bovec, 840 Old Long Lake Road - Variances - Resolution Application: Request for front and side setback variances to raise the pitch of the existing roof, and a side setback variance for reconstruction of pre-existing deck as a bedroom enlargement of 5 ’xl4’. List of Exhibits A - Resolution B - Notice of Planning Commission Action 5/20/94 C - 1994 5-.VC; Cl-1976 Survey D - Permit Record E - 1976 Addition Plans and Elevation F - Memo and Exhibits of 5/10/94 Pertinent Facts Per new survey (5/19/94) house is 15.1’ from side lot line (15.6’ on old survey. 30’ required). Per new survey, house is 35 ’ from front lot line (34 on road survey, 50 required). Summary Applicant proposes to change the pitch of the roof from 3.5/12 to 8/12. This increase of the building envelope within the substandard front and side setbacks technically requires setback variances. Additionally it has been determined that a removed deck proposed to be replaced as a bedroom enlargement encroaches 1’ into the side setback also requiring a variance. Planning Commission Review Planning Commission recommended 6-0 to approve raising the pitch of the roof over the existing structure. However, a question was raised since the 1976 survey showing "proposed addition did not exactly match the existing footprint of the residence, i.e. a comer of the house shown on the survey was not in existence currently. Request for Council Action continued page 2 of 2 May 19, 1994 Zoning File #1925 Applicant explained he has removed the deteriorating 8 ’xl4’ deck that was constructed in 1976. Please review the 1976 plans. Exhibit E. That deck was part of the 14’x25’ 1976 addition covered under permit #3372. Applicant’s roof proposal drawings (5/10/94 Exhibits E), upon close scrutiny, suggest this will be replaced as a bedroom extension in line with the existing northeast wall'of the house, matching the footprint shown on the old survey, although applicant notes he might decide to just replace it as a deck in line with the northeast wall. Whether deck or bedroom expansion, any portion of the proposal less than 30 ’ from the side lot line, also requires a side setback variance. The 1976 survey was not of a scale that direct measurement could be accurate, and staffs calculations based on that survey indicated a setback of 29.25’. After discussions with staff, applicant agreed to provide an updated certificate of survey and verification of the setback to the proposed deck/bedroom addition. The new survey shows that the comer of the proposed addition will be 29.0 from the side lot line, a triangular encroachment of approximately 1.0 s.f. in area. Staff Recommendation Given the almost insignificant encroachment, staff recommends this additional side setback variance be granted in addition to that for the roof revisions. The attached resolution covers both items. Council Action Requested: Adopt resolution granting front and side setback variances for roof expansion and side setback variance for room expansion for Peter Bovee, 840 Old Long Lake Road. A RESOLUTION GR \NTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION i 23, SUBDIVISION 6 (B) ‘ iLE mis WHEREAS, Peter Bovee (hereinafter "the appMcant") is owner of the property located at 840 Old Long Road within the City of Orono (hereinafter "City") and legally described as follows: The west 277.4 ’ of the east 464.9 ’ of the southeast 1/4 of Section 35, Township 118 North Range 23 West, lying north of County Road 27 (Old Long Lake Road), Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the expansion of the roof envelope over the existing house and construct a deck/bedroom addition, where such existing house is 15.1 from the side lot line where a 30’ setback is normally required, and 35 ’ from the front lot line where a 50 ’ front setback is normally required, and such deck/bedroom addition being 29.0 from the side lot line where a 30’ setback is normally required. Minnesota; 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #1925. The property is located in the LR-IA. Single Family Lakeshore Residential Zoning District. The Orono Planning Commission reviewed this application on May 16, 1994, and recommended approval of the roof expansion variance over the existing footprint of the residence based upon the following findings: Page 1 of 5 A. The existing house location and scope of the proposed improvements does not allow moving the house to meet setback requirements. B. Existing vegetation screening and adequate distances to neighboring residence structures act to minimize any visual impact ot the root expansion. C. Applicant has removed a pre-existing deck and proposes to replace it with a new deck or bedroom addition. The submitted 1976 survey does not match the existing footprint. Absent further information. Planning Commission recommends that only the existing footprint be approved for roof expansion. 4. Applicant has now’ provided an updated survey confirming that the side setback to the proposed deck/bedroom expansion is 29.0’, requiring a 1.0 or 3% side setback variance. The hardship for granting of such variance is the location of the existing house, the fact that a deck previously existed in this location, and that whether this is a deck or room expansion, it is proposed to be roofed, and elimination of said roof portion would be incompatible with the proposed addition. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 6. 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 v,^iiance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a 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. Paee 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23. Subdivision 6 (B) to permit expansion of the existing roof from 3.5/12 pit h to 8/12 pitch over the existing residence and proposed deck/bedroom addition, such existing residence being 15.1’ from the side lot line and such addition being 29.0 ’ from the side lot line where a 30’ side setback is normally required, and said existing house being 35’ from the front lot line where a 50’ setback is normally required, subject to the following conditions: 1.Construction shall conform to the plans and footprint as shown on Exhibits A and B attached. 1 A0 • Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application tor a building permit within one year of the date ot Council approval, or this variance will expire on that date (May 23, 1995). 3.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. 4.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 23rd day of May, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 23rd 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 cm’ OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Peter Bovee 840 Old Long Lake Road Wayzata, MN 55391 ZONING RLE #1925 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 5/20/94 COPIES TO: TYPE OF APPLICATION: DATE OF MEETING: 5/16/94 Variance VOTE:6 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted - roof expansion over existing structure. NOTES AND SPECIAL CONDITIONS: Staff has added the room expansion setback variance to the proposed approval resolution for Council review. Applicant ’s next scheduled meeting is confirmed as: City Council Monday, May 23, 1994, meeting starts at 7:30 p.m. If you desire certified copies of the official Planning Commission minutes, diey are available from the Citv Recorder after review and approval by the Planning Commission. € ■ PETER BOVEE IN THE SE 1/4 OF SEC. 35-118-23 HENNEPIN COUNTY. MINNESOTA LEGAL DESCRIPTION OF PREMISES .SHR\/FYFn- The West 277.4 feet of the East 464.9 feet of the Southeast Quarter of Section 35, Township 118, Range 23 Hennepin County, lying north of County Road 27. Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house thereon. It does not purport to snow any other improvements or encroachments. This survey shows the location of an existing house in above described prop- orencJoach„«n?s! i-Proven,ents PfiePoSgti I yw».eN>^ / CS oS U1 K CN CO Q) Q 0 01 B‘as^ a StVn ‘ 3. ) mr^V •' •''€MI Wm^l *‘'4 A ASSOCIATES 1. ClirittSiltM. ^A. ^ . .'-I* ^ ^ * *. ’ 4« .! 30MWnMf« iHA, W*rt«l«,MR SS3f1 ffc, 473-UJt Certificite of Sarny for:___K #1 1 Permit No. Address: C/C* PERMIT RECORD Pate /-^7-44 Type of Permit Lh±i^ Aijo :? *2. *70 C- //y- 7<^ __-------------------------------'•' *--r— ..................................., ‘7~/5-7<, /n ^-/v-y3 /-9 j9 / ' _____"'Tyic(L^ • ?rZ/-£3 _ _ QdiL<£.- 7 * t I I* mm-.>*t* K-.V -s^f s("^« r < '"■ *!i 3{ *^. -ii • * • •. ..f. i *'-> 3.->-'^‘^-V^ifliiiCi W^'^-S-^ri 7. L>. - -U m * • m - ’ll I . >u ^ w 2«sr SSill iWh .^iL- H a •itvtraurrxM Jt'^-//. /<^<ymwTSSS^mTi \ TMI^. N T I %•'' » It f.'t I !' 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Citv Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE;May 10, 1994 SUBJECT: i^^l925 Peter Bovee, 840 Old Long Lake Road * Variance - Public Hearing Application: Request lor front and side setback variances to raise the pitch of the existing roof. Pertinent Code Sections - 1 10.23, Subd. 6 (B): In the LR-1A District, required front yard is 50’, required side yard is 30’. 2 10 03 Subd. 4: -Prohibitions. It is unlawful to convert, enlarge, reconstruct or alter anv structure or use any structure or land for any purpose nor m any manner which is not in conformity with the Zoning Chapter. Pertinent Facts: Existing side setback: 15.6 . Existing front setback: 34.0’. • No changes are proposed to the footprint of the structure. • Proposal is to replace the existing 3.5/12 pitch roof with an 8/12 pitch roof. This increase in the building envelope within the substandard frc. and side setbacks technically requires setback variances. • No other variances are required. List of Exhibits A - Application B - Plat Map C - Properly Owners List D - Survey E - Elevation Views _ ^ . F - Letters of Request Re: Variance/Re: Placement on 5/23/94 Council Agenda Discussion Applicant is proposine to update the roof system of this house by changing from a relatively low pitch to a 8/12 pitch wpical of today's construction. Are-siding permit has been issued and that work is nearing completion. I ! I i Zoning File #1925 May 10, 1994 Page 2 This is an older residence that was added onto in 1976 (variance file #155) and remodeled in 1983. The house sits on a .9 acre lot surrounded on three sides bv the highly wotxled Dayton property. There are no nearby residences which would suffer a negative visual impact by this roof line revision. The nearest adjacent residence is across Old Long Lake Road. Applicant ’s obv ious hardship is that the house exists nearer the side and front lines than the required setbacks. Applicant has requested that this application be forwarded directly to the Council ’s May 23rd meeting. StaH' Recommendation Staff recommends approval of the variance as requested, based on the findings that: 1. No change in existing footprint is proposed. 2. Visual impact is minimal due to distance to neighboring residences as well as existing vegetation screening. Options for Action 1. Approval as proposed. 2. Conditional approval (state conditions). 3. Denial (state reasons). 4. Table (request additional information). 5.Other. H f ’f CITY OF ORONO - VARIANCE APPLICATI]^^^ Initial Application Fee S200.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming structures $200.00 After-ihe-Fact Fees (Double application fee) PROPERTY INEORNLApON ^ Site .Address ^, Propem Identification Number (P I P ) ,?^ -f C\i ^ Vi>1 r.y rrrv rrr,kin A * t V.'l Lik:y^*rc nzcrrr I &IT/*-ltv w Wl f i V^*:»" r*/■I t’SA A W VV»V :M rru •fV'n.V'V'i VV' - •i>H£CK rCmim cici r<oi 04/ ^_r ---_________________________________Date Propertv Acquired I {do)(^noii^so ov-x _ . Present use of property: X residential Zoning District: Property. Acquirea^____________X / ,, t vr^notLa^so own the adjacent parcels ot land. (month/year) other (specify). applicant ^ Name_____Zip: jyr?9y_ Phone (110016) ^ ?Jf. Phooe(w™k). AddresX iV/. O^VNER (if different dun applicant) ph?K°^or”f' Name______________________________— Address:City:Zip: DESCRD^ION of ^ B.t^gCons°tuyot.Co.$^^^£;^^ Describe request indetail. ^^ fd 1_____ ^(attach additional sheets if necessary) VARIANCES required Lot *Area ___Lot Width Setback: Front V' Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) compliance with Zoning Code requirements. (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted bv the ?pplj<;^tion deadline date tn QCdgE fnr vour application to be considered complete: 1. 2. 3. 4. Completed Application Form . r Certified Property Owners List of owners within 150’ (yoa 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 i'/i" x 11" for Topographic survey (existing aiKl proposed elevations) if any changes in e.xistmg grade ----are proposed. In addition, provide one (1) copy 8>A" x 11" for reproduction.^ Sketches or plans of floor & elevation views (provide one (1) copy S'/i x 11 ). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current ownerfs). As an addendum to this application, please attach a separate list ot 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 *at your, variance application is not complete if the above information.ha.s not been included. APPLICANT’S SIGNATURE . u ,u 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 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. 5. 6. 7. 8. 9. DateApplicant’s Signature___________________________ ^eowner herebv ackiiowledees and agrees to this application and further authorizes reasonable entry onto the property by cFty staff, consulunts, apnts. Commission members, and Council members for purposes of investigation and verification of this request. DateOwner’s Signamre _ Applicant must have all suhS^ta^ City offices 25 days before tte Planning Commission to tave an authorized agent attend in your place and to advise the BuUdmg & Zonmg Office of this change prior to the meeting. 8 MUN OATf NCNNE^IN COUKTY WmsmnVf XNFOiirUTION SYSTtH PilOPiKTY (MCKS LISTMTCN 004 ifraOT NO. 0I4SS40I PAGi 14PROP AMR OMCR HAHI TAXPAYCR NAMC/AOOR SO S5-1I0-2S 14 0001 00900 OLD LOKC LAKE RO ORUCE R DAYTON OKADENA COMPANY 5140 NORMEST CENTER MPLS m 55402 50 55-110-25 41 0001 00040 OLD LONG LAKE RO PETER R iOVEE PETER ROGER DOVEE 040 OLD LONG LAKE RD NAYZATA m 55591 50 55-110-25 41 0005 00925 OLD LONG LARC RO DAMELL E ANDERSON A Niff DARRELL E ANDERSON 920 N HAYZATA OLVD NAYZATA m 55591 PROP AOOR OmER NAME TAXPAYER NAME/AODR 50 55-110-25 41 0015 00025 OLD LONG LAKE ORUCE 0 DAYTON QRAOENA COMPANY 5140 NORMEST CENTER MPLS MN 55402 58 55-110-25 41 0014 00005 OLD LONG LAKE ORUCE 0 DAYTON OKAOENA COMPANY 5140 NOfOSST CENTER MPLS m 55402 50 55-110-25 41 0017 00045 OLD LONG LAKE R0 JOAN F SNEETSER JOAN F SNEETSER 045 OLD LONG LAKE RO NAYZATA MN 55591 \ PROP AOOR OmER NAME TAXPAYER NAME/AOOR 50 55-110-25 41 0010 00050 ADDRESS PENDING ORUCE 0 DAYTON ORUCE 0 DAYTON 900 OLD LONG LAKE RO ORQNO MN 55591 50 54-110-25 25 0001 00050 ADDRESS UNASSIGNEO ORUCE 0 DAYTON OKAOENA COMPANY 5140 NORMEST CENTER MPLS MN 55402 50 54-110-25 52 0000 00050 ADDRESS UNASSIGNEO ORUCE 0 DAYTON OKAOENA COMPANY 5140 NORMEST CENTER MPLS rt4 55402 PROP AOOR OHNER NAME TAXPAYER NAME/AOOR TOTAL OATCH 004 00009 CJI X CERTIFY THAT THE FACTS REPRESCMTEO ARC AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNONLEDGE AND BELIEF DATE ff 'v: • y. 'XRLtiCMilPailTH CMI 1. ehri«t*<t»«a. SOM Wtm*« ^ •‘'*'“** Certincite of Sor»ejr for: ■^OC ••o Milk V % X •• •* ^ J.** fi 4^* A6. ^ r?74o j OTo^Cf St^3ST>^/aXpt-Z3 N • 00 • :,?C^ 118 Range 23 Hennepin Couat23z2zs»g-n^^ “ ~ *"" ”■ ^ CIhO ! .tOA G j^/7cj/(f 5 /Tfonu^e/^^(SJcl I l»«r«»7 <«rl«l^ tM«t »#!•» •« • trw« MM^ ««#r«cf »•« »Mr««7 •* **«• >7Jn#TTTt •! tl^ «oo4 •« »••• !•«•#.•« •! •»! sM A« %^99mjm4 hr «•« 9ht%/^^ 4ttf UU^V 0.0. 10^ ARLEIGH C. SMITH & ASSOCIATES .R L S Min*. Ref. No.__££SI .V V f..'' » t t « 7A fi''1 C: .a N. N. N > |/^t / ------------------------ ---- _■r/‘f / / % . S/ : \ . N rr (/ >✓ If"rerr n • V l/zl. / / ! 1 ^X7 y/t ‘ ^ , y /^ 4 V . . / r — *T^ * r ^ 1 ^ -"i l-->.i.i t V i W sLi' X'x V' (//'■' //,•• = /' ^/z/^ o / (T*7 1 ^V • • lf \ **- • •ii t <!rt //"»5 % , • • 1 ^ /.d~9^'C/s* 0^^ ’ /^Ar ^4<cX^ #v 1^ <S-£» 4^-*^ ^«' , :?* - / f/' ^i-r£' <y /-^ -^-►v :ii -r»7 Z’» c/&5*V,^ X> ^4-*' /ft /■ »M. /y<> JA- / ii?v T/ J^^n/i T^JV. % request for council action % DATE: 5/18/94 V ITEM NO.:1 Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Agenda Section: Zoning Item Description: #1932 Orono School Disirici No. 278. 1^5 Old Cr>sial Bay Koad Nonn Conditional Use Permit/Variance - Resolution Brief Review of Application Neal Uwson of .he OioiM School District has f.led die necessars’ addendum to die original conditional use permit application seeking a setback variance for a concesston/stora^ structure to be located 4U from the west side lot line where 50' setback is requiretk The concession stand was located 30' from the west side lot line. Struemre could not fiXr east meeung the 50' setback because of the location of fencing adjacent to a baseball field. Refer to E.xhibit B, applicant’s hardship statement. The Planning Commission unanimously approved the application as proposed granting a setback variaiKe of 9’. The enclosed resolution has been drafted per the findings and conditions of the Planning Commission recommendation. ■ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28. SUBDIVISION 3 FILE NO. 1932 .he property ^ "City") and legally described as: Part of the North 1/2 of the Northwest 1/4 of Section 33, Township 118, Range 23. Hennepin County, Minnesota (hereinafter property ), and WHEREAS, .he applican. has applW .0 .he City f- . — se.bach varia.K:r;rr;—n of a .r‘x24' concess.o..s.orage s.n.c.ure .0 ^ loca.d ?1 from Uie wes. side lo. line ios.ead of .he required 50' serback, per Mun,apal Zomng Code Section 10.28. Subdivision 3. NOW, THEREFORE. BE IT RESOLVED by the City CouncU of Orono. Minnesota: FLNDINGS 1. 2. This application was reviewed as Zoning File ^1932. The property is located in the RR-IB Rural Residential Zoning District requiring 2 acres in area. The property consists of 130 acres. 3.On May 16, 1994 the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following fmdings. Proposed strucmre will be located 1,000’ from the shoreline of Lake Classen. b.The structure shall be located to the eastern edge of an existing concrete slab which is located 4 ’ from an existing fence along a first base line. Page 1 of 4 c. d. If the structure was to be placed between the side lot line and the fence and conform to the required side setback, the structure could be no more than 7 ’ wide. Structure has not been placed to the eastern edge of the e.xisling concrete slab in order to provide enough space for persons to view game from the over hane along east side ot structure. 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be i.. keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The Council finds that granting a conditional use permit to allow the construction of a 12 ’x24 ’ concession/storage strucmre as set forth in the plan will not be detrimental to the health, safety or general weltare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit and variance to Municipal Zoning Code Section 10.28, Subdivision 3 to allow the construction of a 12 ’x24 ’ concession/storage structure to be located 41’ from the west side lot line requiring approval of a 9 ’ or 18% setback variance subject to the following conditions; 1.Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or this Page 2 of 4 f -4 varisnce/conditionsl use permit will expire on that date (May ^.3, 1995). 2.Violation of or non-compliance with any of the terms and conditions ot this constitute a violation of the Zoning Code, shall automaticallj terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned authorized representative of Orono School District No. .,.78 has read, understood and hereby agrees to the terms of this resolution and on behalf of the School, its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of May, 1994 ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Authorized Representative of Orono School District No. 278 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) .rw The foregoing instrument was acknowledged before me on this 23rd day ot 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 N STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this dav of ss. , 199 ___, before me a Notary Public 'A-ithin and for said County, personally appeared ______------------------------------------------- known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this day of ss. , 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 (tliey) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 L TO;Planning Commission Members Ron Moorsc, City Administrator f )b FROM: DATE: Jeanne A. Mabusth, Building & Zoning Administrator May 9, 1994 SUBJECT: #1932 Orono School District No. 278. 795 Old Ciy stal Bay Road - Conditional Use Permit/Variance/Public Hearing Pertinent Ordinances Section 10.28, Subd. 3 - Conditional use permit required for relocation and reconstruction of baseball storage/concession stand. Required setback. Required = 50’ E.xisting = 30’ Proposed =41’ Variance = 9’ or IS%. List of Exhibits A - Application B - Applicant ’s Addendum - Hardship Statements C - Property Owners List D - Plat Map E - Request to be Scheduled at Council 5/23/94 Meeting F - Survey G - Floor Plan H - Elevations Description of Request At the time of Council s review of the recent conditional use permit for two accessory structures, the applicant introduced the issue of a need to relocate an existing concession/storage structure to an existing cement slab. Council was advised of the need for a setback variance for the proposed location. Council felt that since a variance setback had not been announced in the original public hearing notice that applicant would have to submit a new application and a new notice be published advising of a setback variance. Review Exhibits B & F, the school proposes the removal of an existing 8’xl2’ concession stand along the west lot line of the property. A new storage/concession building at 12’x24’ would be constructed on t.n existing concrete slab that is currently used for bleachers. The concrete slab is located 41 from the west prope^ line. Applicant asks that the structure be allowed to be placed at the western edge of the existing concrete slab so that there is adequate room for people to stand beneath an overhang above the concession stand, refer to Exhibits G & H. Applicant m r «Hgeneral land use AJ^ICA^ON I 5, PROPERTY LOCATION 7 / 795 Old Crystal Bav Road Worth nj • 1 V- Site Address ___________ Type of Application to be Filed-------- Property Idcntificatk» Number (P.I.D.)28-118-23-34-00001 applicant Name Orono District 1278 Phone (home) Phot AHHrexx 685 Old Crystal Bay R4-H. OWNER (if different than applicant) Name_________________________ (wori Q 612, 449-8300 City IJkkm______Zip 5S3S6 Phone (home) Phone (work) Address City Zip. DateProperty Acquired--------L96 5 --------^—---------------------------- I 0 (do not) also own the adjacent parcels of land. $125.00 Residential Accessory Use ^ ;; S2(X).00 Institutional (church, school, etc.) ^ $175.00 Guest House/Guest Apartments ' $150.00 Duplex Credit/Bldg ' $250.00 Commcrcial/Industrial Use $200.00 Land Alteration « j . ■ Grading and filling * designated wetland or floodplam Grading and filling * 101 cu. yd. or more ------- Grading, seawall, retaining walls within 75’ of lakeshore PRD/PID - see Fee Schedule • x $1(X).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 __ ' j 75.00 Easement Vacation With Subdivision $3(X).00 Rezoning (PUD - refer to itc schedule) $300.00 Comprehensive Plan Amendment ~ $100.00 App^ Other - sec Fee Schedule____ • • PRESENT USE OF PROPERTY Present Zoning District _____ (month/year) iljy OF u^<CW FlNfi^CE OFFICE 13S02000QO 01 OES CHECK Ti 50.00I crcrCfT^ruAyik' vr-ii rMi COJ Til: A A / ’» '? TA ,V w* V • VV Present Use of Property School Residential Other (specify). 6 requir £I> submittals 1. 2. 5. 4. 5. 6. 7. 8. 9. 10 Co^letcd Application Fonn. _ tn detail.s ss’sr«“=. <.»- w. -™>“' . -to » b«l« i» -"•> jnfnnn^tioO* on rcnillFCd SUXVCy* involve Ccrtiiicaic ui information. ,„„i;cation if not included on required surwy. a«l p,,pos«i contour.) if land aI.era.ton. mariu.1 sanu) of all persons wiUi an interest in the 2S"ri sssr,..to to.to. ■“• ------you Wish notified of Uiis appheanon. ^ E"„srs“-•» - ■" "■ “ ’ n , must sign this apptoion. Please remember dut your The Applicant and ,l^“bove information has not been mcluded. application is not complete if the aoo c„,r,- » o. to. ------------- Initials of Clerical Staff.------------------- s “Sir rs- gaa .y.=‘. ..-.iSb.., ..to. “".Sbto.,Bi»to...toto.to.to.toiB.to.». Date Applicant’s signature------------------ =;§«^3S2S'“-"numbers for purposes of mvesoganon a» -71^^ /]Mn ___ .Date_ ilA^ll}L Owner’s signature ^WLowner’s signature Hao-.| Commisskt. ^ <^J(.“Ok Wdi.« * Zooiog Office of tills change prior to the ■eeting. Description of Request: sx: X. rj I- I Our request is to coepletely remove an existing baseball storage/concession building (8' X 12") currently located approximately 30 feet from the western property line and 240 feet from the northern property line near our high school baseball field. The place vacated by this building would then be a grassy area. We would then construct a new (12' X 24') storage/concession building on an existing concrete slab (16' X 44') that is currently uBod for bleachers and is 41 feet from the western property line. The location for the new building would be centered on the existing concrete slab, north and south, and on the western side of concrete slab. This proposed location of the building would provide serving and standing room along the first base line, eastern side, for the viewing of the baseball games. The building would be 41 feet from the western property line and 221 feet from the northern property line. The building would be constructed of wood stud walls, asphalt roof, and steel siding. Two alternatives were looked at to comply with the 50 foot set back. One was to add additional concrete to the eastern side of existing concrete and place the building on the eastern edge of the new concrete. The existing eastern edge of the concrete slab is four feet from an existing fence along the first base line. Even with the new concrete added, the building would still be within the 50 foot set back. This alternative was rejected as it would not allow any spectator viewing from that area along the first base line as the building would be up against the fence and still require a variance. The second alternative was to construct a narrower building. This would allow only a seven foot wide building even with the building placed on the existing eastern edge of the concrete. This alternative was rejected because the building would be non<~ fun<tional for the purpose intended. Unfortunately, it is not practical to provide the 50 foot set back for this new building, and still keep it functional, therefore we are asking for a variance to a 41 foot set back. RUN DATE 04/21/fARATCH 010PROP ADDR OILIER NAME TA)CPAYER NAME/ADOR PROP AOOII OHNER NANE TAXPAYER NAME/ADOR PROP AOOR OHNER NAME TAXPAYER NAME/AOOR PRW ADDR 0I«4ER NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR • i HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LISTSB ZB-llB-ZS SI 0002 OOOia ADDRESS UNASSIGNED SCHOOL DISr NO Z7B SCHOOL OIST NO 278 A85 OLD CRYSTAL BAY RO N LONG LAKE HN 55S5A I SB E8-118-2S 51 0006 02T05 SIXTH AVT N R A K ZEEB ROGER M ZEEB 2905 6TH AVE N LONG LAKE MN 55556 SB ZB-UB-25 52 0009 05025 SIXTH AVE N JEFFREY S ECCLES JEFFREY S ECCLES 5025 6TH AVE N LONG LAKE MN 55556 5B 2B-11B-25 55 OOOo 05065 JAMESTOHN RO J P a S K KOOB jom P a SUSANNE K KOOB 5065 JAMESTOItl RO LONG LAKE MN 55556 5B 26-118-25 56 0001 00795 OLD CRYSTAL BAY RD N SCHOOL OZST NO 27B ORONp SCH DIST NO 278 685 OLD CRYSTAL BAY RO N LONG LAKE MN 55556 56 28-116-25 65 0005 00770 OLD CRYSTAL BAY RD N ZNO SCHOOL DIST §278 (ORONO) ATTN SUPERINTENDENT IND SCHOOL DIST §278 (ORONO) 685 OLD CRYSTAL RAY RO N LONG LAKE MN 55556 58 28-118-25 51 000602995 JAMEST0M4 RO J S K SWANSON S ) SHANSON 29^5 JAMES TOHN RO LONG LAKE MN 5S5S6 58 28-116-25 51 0007 OcSSS SIXTH AVE N H ROBERT GLAVAS JR H ROBERT GLAVAS JR 2885 CO RD 6 LONG LAKE MN 55556 58 28-118-25 55 0001 00058 ADDRESS UNASSI(0«0 ORONO IND SCHOOL DIST NO 278 ORONO IND SCHOOL DIST NO 270 685 OLD CRYSTAL BAY RO N LONG LAKE MN 55556 58 28-118-25 55 0010 05065 JAMESTOHN RO GAB LARSON GARY A LARSON 5065 JAMESTOm RO LONG LAKE MN 55556 58 28-118-25 56 0002 00058 ADDRESS UNASSIGNED JAMES R GRA8EK ET AL JAMES R GRABEK 3050 JAMESTOHN RO LONG LAKE MN 55556 58 26-118-25 65 0006 00058 ADDRESS UNASSIGT^O ALBIN F THIES ET AL ORONO INDEPENOT SCH DIST 278 685 OLD CRYSTAL BAY RD N LONG (AKE MN 55556 Ik.MLroRT m.; ♦ •S .♦Li«•*■’ «58 28-118 23 51 OCOS02965 JA.MESTv>8l RO H a J WAHUGMICHAEL J « JO ELwEN r^HLlC 2965 JAMEST0W4 RCAO S LCP)G LAKE MN S55)V6 t ^> 58 28-118-25 52 0008 05065 SIXTH AVE N JAB RYDER JOHN D a BARBARA Y RYDER 5065 6TH AVE N LONG LAKE HN 55556 I 58 28-118-25 55 0005 00058 ADDRESS UNASSIG^O ORONO INDEP SCH DIST §278 MONO IHDtP SCH DIST §278 685 OLD CRYSTAL BAY RO N LONG LME MN 55556 » • i' 58 28-118-25 55 0015 05050 JAMESTOHN RD J R GRABEK A P J GRABEK JAMES R a PENELOPE J GMBEK 5050 JAMESTOHN RD LONG LAKE MN 55556 r * [ til : 58 26-118-25 62 0005 00058 ADDRESS UNASSI^D INDEPENDENT SCHL DIST §278 ATTN SUPERINTENDENT INDEPENDENT SCHL DIST §278 665 OLD CRYSTAL BAY RO N LONG LAKE MN 55556 58 28-118-25 65 Q008 ^ 00058 AOORE^^ l»4ASSIGNED , ZNO SCHOOL DIST NU 278 IND SCHOOL DIST NO 278 AOMIN OFFICE- SUPERINTENDENT 685 OLD CAPITAL BAY RD N LONG LAKE MN 55556 1 I . *. t’ ■s . ‘*UH DATEMTCR Ola - A*^ 1y■' i K-MO^ AMU OM«A NAHi TA>9AYIR NAME/AODA M SS-110-n 12 000702700 A2U2Y PKMY NJI A CITY or CmONO N A A CITY or OAONO 15S5 MONN AD S NAY2ATA HN 55591 * , y i: :■ •■ r ‘ - *‘ ,> K ' \ • % .ii :: -: t ■.■ ' » yv.i. * . ? ‘ J. I •• •" / t 4 •V 'V •• ^ r. . . * • ‘ . . . • * Jt •* 4• * ^ r' ,. ‘i '■' t I i •*•,.i ‘• ; V I».r.' ‘J, *1 .c* I • •.,* > .• .V* ■ -A »■ ^ ’ » ME!#CFI» county MOTCOTV INrOKNATION SYSTtH OKOOEIITY 0>«CRS LIST KiPOMT NO. PX4SS401 • OAGI tt . »;50 5I-110-Z5 21 QOOi OOUS OLD CRYSTAL RAY I SCNOOL OIST NO 11 ORONO SCHOOL OIST 0270 MS OLD CRYSTAL OAY RO N lONC LAKE NN SS354 . « L«» «• 4a » «' . (•.TOTAL lATCH 010 M020 t • # • > ^ . . M i t 4' . ■H4» • I f X CERTIFY THAT THE FACTS REPRESENTED ARC AN ACCURATE AND TRUE REPRESENTATION OF XNFOmATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPARTNENT OF PROPERTY TAXATION* TO THE BEST OF HY RNQHLEOGE AM) BELXEI > ■ OAT fJdlLA J: - ;y''r-. • I • F » . U * ' • > ^ f %y <'• *'l’ i* K: * i- A’ ft '• •’ * .. - « I i . 4, * w • ‘ #)1• «.:■ -• r101 (, ->^jl ‘* e Neal J. Lawson ■15 C‘ )t ^ ft * -J April 25, 1994 Jeanne, Enclosed is the Baseball Concession stand construction drawing and elevations. Also I would like to request that the variance be considered at the Orono City Council meeting of May 23, 1994. I understand that this may be possible. Thank you for all your help. tW2 Orono School District Admlr^rotlon Offlca 685 Old Crystal BoyRd. Long Lake, MN 55356 I If fc to:)o itjts cj vx-i.. '"'‘'•Ax s,,^ ,X MV SE-5 ■ =1 7 *• • ♦ — ^ ^ ^ • • ) ifj ;# 4/ /« i ^ ■» • < • 4 F/?0/vr ELEVATION 11 i ! ... — 1 II --------------------1 \ — — • • *» - * ^••m ■* * «» rj-^^-i—ir S/DE ELEVATION BASEBALL CONCESSION vcAit '/4 '■ r /‘- O Ci^Tfe i ^ -2Z*)4 ORONO H .S. elevations /^2 m 9L in*-« «H| f!> I I REQUEST FOR COLTsCII. ACTION DATE: 5/2:^^*^^ TTEM NO.: j SJ Department Approval: Name John R. Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: Public Woiits Item Description: Bid Award Old Crvstal Bay Road Bridge On Thursday, May 19, 1994 the City of Orono received and opened sealed bids for the replacement of the bridge on Old Crystal Bay Road over the Burlington Northern Railroad. Attached for review aixl Council action is a tabulation of the four bidders and a resolution recommending that Mn/DOT award the bid to Lunda Construction Co. COUNCIL ACTION REQU'ESTED: Motion to adopt a resolutic n recommeiKling that Mn^DOT award the bid for the replacement of the Old Crystal Bay Road Bridge to I.unda Construction Co. in the low bid amount of $499,751.00. A RESOLUTION RECOMMENDING AWARD OF CONSTRUCTION CONTR*\CT FOR OLD CRYSTAL BAY ROAD BRIDGE OVTR BURLINGTON NORTHERN RAILROAD FILE NO. 13953 WHEREAS, bids for construction of the Old Crystal Bay Road Bridge, Bridge No. 27680, S.P. 152-102-10. were received and opened on May 19, 1994, at 10:00 a.m.; and WHEREAS, bids were received from C.S. McCrossan Construction. Inc., Lunda Construction. Inc., Prv.^ressivc Contractors, Inc., and Structural Specialties. Inc.; and WHEREAS, the low bid was submitted by Lunda Construction. Inc., in the amount of $499,751.00; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orcno hereby recommends that the Commissioner of the Minnesota Department of Transportation award a contract to Lunda Construction, Inc., for construction of Bridge No. 27680. Old Crystal Bav Road over Burlington Northern Railroad. Dated this 23rd day of Mav, 1994 ATTEST: Dorotdy M. Hallin, City Clerk Edward J. Callahan, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ^ ^ v, The foregoing instrument was acknowledged betore me on this _.?rd day ot May, 1994. by Edward J. Callahan 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 nTllHil J r m m Bonestroo Rosene Anderlik & Associates 0«c 3 »m<giPoa •€ iloMn ^ ^6 * jnvtr C Anopni* Ma^vo L SorvM f Sar*n f Coo •ooe^ G Sctx»n-^ S4.«n M ED^fHn C Co»nu**ni Engineers & Architects Mav 20, 1994 Mr. John Gerbardsoo City of Orono Post OfSce Box 66 Crvstal Bav. MN 55323 Re: Old Crvstal Bav Road Bridge Replacement Our File No. 13953 a Samb« ^ Ketrh A Go«on Af «3C^ » A^f¥ne PE ihcrsfO ^owt P€ Oav«d O Lomxs P€ Pec^ C •ussen A ( A ;e^ A tcKfidon Pf Mara A Hjnson »E NAc^af* ^ taaenarvi Pf K F«J PE ^ho?nas * Antjanon A A Ooratd C Su«9aRft ^E Tho*n« E Angui. PE m*se* viattinR PE Uc*'ar P Pau PE Agrw M #irv|. A »C • Philip J Pynf Pf '^'homas J/ Pptanon PE Micnaet C L^h Pf t ^aiand *E 0 PE kOH J Aiganet A£ Aersneth • Ano*»%on PE ^Aara t Ml PE Ua»a A Sp« PE Gary W Vkyipn Pg Oarae j Ecjgrror, PE A PcA khmn* Pf PhAo J Casw«a PE Mara D Vitafl»i PE t ,f^sen Pf I P^imp Gaw',. Pf Aa^ I Jnernen Pf Gary O Ar»pofO pf f \«J«o«p» PE aaitn t vapp Pf DougMt J tpr>oc PE SPji%n o GuOJfton Pf CaciAO Ov^ Pf Paul G aapufr Pf >Ohn P GoAlPr Pf ChartK A fncAsor* LPo M Paa«ruy Hartan M Otton Ja'npf E EngpAiarcn Dear John: Please find enclosed ten (10) copies of the bid tabulation for the project Bids were received from: o C.S. McCrossan Constuction, Inc. o Lunda Construction Company, Inc. o Progressive Contractmg, Inc. o Structural Specialties, Lac. The low bid of $499,751.00 was submined by Lunda Construction Company, Inc. We recommend that the City Council recommends that the Commissioner of the Minnesota Department of Transportation award a contract to Lunda Construction Company, Inc. for the project A resolution was previously forward to you for this action. Another copy is also enclosed with this iener. Prior to Mn/DOT recommending award of the contract to Lunda, the City will need to send Mn/DOT a check to cover the portion of the project not eligible for Federal, State or MSA funding. Based on the bid from Lunda Construenon. we estimate this amount to be approximately $7761. This is the portion of the project attributable to accommodating the gas main on the bridge and also adding two feet to the width of the sidewalk for the gas main. We will try to recover some or all of this amount from Minnegasco. Mn/DOT will also need the original affidavit for the bid from the local newspaper. Please forward Mn/DOT as soon as you receive this. Please call if you have any questions. Sinceielv, Enclosures 233S West Highway 36 • St. Paul, MN 55113 • 612-636-4600 Ti—1 J toocstroo§>M RMnt Froiect Name Old Cn ’sial Bav Road Bridge •AndarMt t 1^1 AMCCi«t«Proiect No.Stale Project No. 1.^2-102-10 File No.1.^95.^Jill m Bid Opeorng Tbursdat. Max 19. 1994 Owner Otooo, MNBID TABULATIONTabnlatioD of Four Low Bkb of Four Receiveci I kcrrliy certi^' lilat this is ui reproduction of bidsD Mtack, r.E NaM7383 BidNa 1 Luncta Ccmstruaior. Co BidNo 2 Struaural Spccialii^s.Inc BidNaJ Progressive Contractors, Inc BidNo.4 C.S McCrossar* Consiruction Inc tjo, Item Uuil Uuft f%^JC Tout Uwf frioe Toul Uah Price Total Uftit Eds Toul SCHEDULE OF PIUC^ 20:L501 Mobilizaiicfi LS 1 :6,ooo-oo 26.000.OC*43«2I40 4.\?;i.40 6C‘.000.00 6(i.00C'0C»35,(»cr.' oc»55.000.00 2101.511 Ckinng and grubbing LS a IJ^OO oo i_<oc*no 5.650.00 5450.00 3j:oo.oo or I 2.100.00 :.ioo.oo 0501 602 Bridge approach paneb LS 1 J*.5(X» 00 r.5co.oo r.785.75 i:.\S5.75 21.(k<?.C<»2l.W.(io r.655.?0 l‘4.ts.!l0 2401.501 Struct uff concrete (1.A45)CY 125 255.00 3e,4?o.cr 292.39 .’7.4:5.92 155 23.65D.00 192.45 :4.633.60 2401.502 Struaure cc®creic (3Y4?)O'163 295.00 45.035.00 376.86 61 4> iR 295 00 4f .055.00 275.25 44.K65.75 2401.512 Bridge ilab concrcie (3Y33)SF 7.9S5 12.00 95.520.00 146.^n6.i=:(‘.55 r.50 139.737.50 22.45 179.502.P0 2401.513 T\pc r railing concrete (3Y46)LF 270 30.00 6.100 00 4U.51 10.957 70 34.00 9,150.00 40.15 10.545 60 139?3.TAB BTl jNa .Item UsH qq Priocf Total Frier Toul Price Toul Prior TotMi40i 515 Sidemilk concreic (SY46)SF 2J:49 5.00 11345.00 565 12.706.55 3.50 7571.50 6702401^41 Rerafo^'cement ban LB 1,190 055 45C4.50 €51 4.17690 0.60 4.914.DC»0-46 3,W.402401541 Reinforcerntm bars (ejKS} «iiUd)LB 175.650 055 96.6CC50 G.5?101,577 00 063 110.65950 0.4S S4JI2.002401545 Spiral reinforcemenl(cpox> coaled)LB 2.150 055 1,199.00 054 U77.20 0.69 15CU2C 0.52 1.133.600401.601 Swucture exca^aiio®LS 1 10300.00 10300.00 9.096.50 9.096.5C 5,754.00 5.754 DC'20,ck:o.ck»20.0a CKi 0401.601 Slope prcparaiioo 1 5,000 00 5.000.0)6.7S0.00 6J50.00 25,464.00 25.464.00 4.600.00 4,600.00 24Q25S5 Ornameata! metal ridliag LF 270 .VVCK»14550.00 50-55 13,72950 53.00 14310.00 50.50 13,71600 2402591 Expansioc. joini devices. Tvpe 4 LF 120 65.00 750Q.00 6136 7363 20 55.C»C»10300CK»114 IS 13.701.60 2402595 Bearing assembh E.^14 4D0.0D 5.600.00 195.49 2,736.56 217.(0 X nxv (IT).4015 3362.10 2442501 Remove old bridge LS 1 26,400.00 26,400.00 14351.00 14351.00 15.9X-CO 15,90' XI 51,7.^0.00 51,750 00 2452507 CIP conaete pfing delivered ll*LF 3.020 16.0C‘45320.00 11..^8 54,971.60 15.00 45300.00 14.41 43515.20 2452505 CIP concreu piling drhen 12*LF 3,020 1.00 3.(»:coo 19^5,979.60 2(»0 6.04000 4.60 13,592.00 2452519 CIP cone lesl pile 60* long 12*LA 3 150CUI0 45CKJ.00 3.655CIO 11565.00 2500.00 750000 1550.00 4,740.00 Item2452.519 CIP cone icsi pile SO* bng 12* 0505.601 Gts main prcnisicms2514.501 Cbncrcic slope pa\ing 2575.502 Silt fence, hcaw dun* • 2575.555 Turf esublii^hmcnl Subioul for Seoion 001 Bid Nil 1 LundaConsiruaiofi Co.Bid No 2 Siruciural Specialties, Inc.Bid No. 3Progressive Contractors. Inc.Bid Na4C.S McCrossan Construaion. IncUnitonUnitPriceToulUnitPrkcToUlUnitPriceToulUnitPrice ToulEA12.(K>0 CIO 2.0CKI0CI 4.056.65 4.056.65 3.000-00 3.000.00 1,940.00 1,940.00IS1500.00 500.00 imoo 1.805.00 200.00 200.00 l,o3.^.00 1.035.00SY6443(».00 19J20.00 55.94 36.01^36 4900 31/56.00 44.80 26.851.20 LF 100 5.00 5oo.ai 3.96 396(10 2.50 25000 4.29 429 00 L$1 12^00 00 l^^^OO.OO 3,955.00 3,955.00 UC»C»0ri UOO.OO 525.00 525,00 S499,751.00 $566,651.72 S605/73.70 S620.950.95 13953.TAB BT3 *' • > Bid No. 1 Bid No. 2 Bid No. 3 Bid No. 4KdBoMl. CtfX. ckcdLf Cmbdcpotk Bid Bond 5*^ Bid Bond 59r Bid Bond 5^ Bid BondFraLunda Construction Co.Structural Spedallies, Inc.Progressh e Contractors, Inc.C.S. McCrossan■y Richard Slifka Charles Banick Ronald E. Gibbons Jane McCrossanUdeVice President President Vice President Vice PresidentAddnmP.O. Boot 669 P.O. Box 502 8736 Zacbar}' Lane 7865 Jefferson HighwayCSty.Suic.Black Rh er Falls, WI Hutchinson, MN Osseo, MN Maple Grove, MNZip Code 54615-0669 55350 55369 55369 Tekpbooe (715) 2S4-9491 (612) 587-6719 (612) 425-4515 (612) 42.M167 Fii Na REQL^ST FOR COUNCIL ACTION Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: XDATE: May ITEM NO: f^0^ Agenda Sectionr*#^ City Administrator ’s Repon Item Description: Wayzata Public Works Facility Site Concurrent Detachment and Annexation Attachments:1. 2. Annexation Resolution Joint Site Development Agreement The City of Wayzata has requested that a parcel of property owned by the City ot Wayzata in Orono be concurrently detached from Orono and annexed to Wayzata to enable the construction of a public works facility on the site. As part of this process the City of Wayzata is also proposing that three (3) parcels be concurrently detached from Wayzata and annexed into Orono. Two of these are residential parcels partially in Orono and partially in Wayzata. The third is rieh»-of-way for Femdale Road that would enable the City of Orono to add Femdale Road to the Municipal State Aid roadway system to obtain funding for reconstruction of the roadway. As both the Council and staff reviewed the proposal by Wayzata regarding the public works facility several concerns were raised in tenns of the development of the site, and the impact on Highway 12 traffic - especially in terms of the need for a semaphore. Staff has worked with the City of Wayzata to develop a set of parameters for the development of the site. These parameters are set out in the attached joint site development agreement. The major concern expressed by the Council in its preliminary review of the Wayzata proposal was the impact of the facility on the Highway 12 traffic at the proposed entrance to the site. The Council had indicated opposition to a semaphore the intersection. The City ot Wayzata has prepared a plan which redesigns the intersection to improve traffic movement both for the public works vehicles using the site and for the traffic on Highway 12. This plan replaces the semaphore as the solution to traffic movements at this access point.. Site Development Issues ■ a a. Initially staff had several concerns regarding the development of the site. These include , screening and landscaping, construction materials, and exterior storage. Through a tour of the site staff learned that the actual location of the proposed building is significantly different from the location originally perceived by staff The building is located behind the cemetery and is well screened both by the topography and by existing trees. This has significantly reduced staffs concerns regarding the development of the site. COUNCIL ACTION REQUESTED: Motion to take action regarding the attached annexation resolution and joint site development agreement. RESOLUTION OF THE CITY COUNCH OF THE CITY OF ORONO HENNEPIN COUNTY, MINNESOTA WHEREAS, there is now located in the City of Wayzata, Hennepin County, State of Minnesota certain real property described as follows, to wit: Parcel 1 LaPerre Property That part of Lot 1, Block 1, Fairway Hills Addition, embraced within Lot 58 Auditors Subdivision No. 184 Hennepin County, Minnesota. Parcel 2 Ferndale Road Right-of-Way (SEE ATTACHED EXHIBIT A) Parcel 3 Logan Property Commencing at Most Northerly Corner of Lot 95 Auditors Subdivision No. 184, Hennepin County, Minnesota Then South to Southwest Corner Thereof Then East to Southeast Corner Thereof Then Northwesterly Along the Easterly Line Thereof 83.5 Feet Then West Parallel With the South Line Thereof 93.5 Feet Then North Parallel With West Line Thereof 150 feet Then East 40 Feet to Easterly Line Thereof Then Northwesterly Along Same to Beginning. WHEREAS, the above described property is now located in the City of Wayzata and abuts the City of Orono, Hennepin County, State of Minnesota; WHEREAS, it is the desire of the City of Orono that the above described property be concurrently detached from the City of Wayzata and annexed to the City of Orono; WHEREAS, there is now located in the City of Orono certain real property described as follows, to wit: Parcel 4 Proposed Pxiblic Works Site That part of the NE 1/4 of the NE 1/4 of Section 2, Township 117, Range 23 West, lying Northeasterly of the Burlington Northern Railroad Right-of-Way. WHEREAS, the above described property is now located in the City of Orono and abuts the City of Wayzata; WHEREAS, it is the desire of the City of Orono that the above described property be concurrently detached from the City of Orono and annexed to the City of Wayzata; WHEREAS, the Cit/ of Orono believes that all the above described property is property subject to concurrent detachnent and annexation by resolutions of both said municipalities pursuant to Minnesota Statutes 414.061; NOW, THEREFORE, EE IT RESOLVED by the City Council of the City of Orono: 1.That the above described property referenced to in this resolution as Parcels 1, 2, and 3 be concurrently detached from the City of Wayzata and annexed to the City of Orono, provided that the City of Wayzata adopts a similar resolution as to such detachment and annexation and that the Minnesota Municipal Board orders the detachment and annexation. 2.That the above described property referenced in this resolution as Parcel 4 be concurrencly detached from the City of Orono and annexed to the City of Wayzata, provided that the City of Wayzata adopts a similar resolution as to such detachment and annexation and that the Minnesota Municipal Board orders the detachment and annexation. 3.That the above described concurrenc detachment and annexation of the above described property be effective upon the issuance of the Minnesota Municipal Board's order, or at such later date as provided by said Board in its order. ADOPTED by the City Council of the City of Orono on this of _ _ __ 1994. day Edward Callahan, Mayor ATTEST: • % FERNDALE ROAD OWNER: O«scrlption: Th« west 33.00 teet of the Southwest Quirter of the Southwest Quarter of Section 31, Township 118, Range 22 lying northerly of a line beginning at a point on the west line of said Southwest Quarter of the Southwest Quarter of Section 31, distant 770.4S feet north of the southwest corner thereof; thence run easterly at'an angle of 90 degrees with said west section line for 33 feet, and said line there terminating. Also That part of said Southwest Quarter of the Southwest Quarter of Section 31, which lies south and westerly of the following described line: beginning at a point on the west line of said Section 31, distant 770.44 feet north of the southwest corner thereof; thence run easterly at an angle of 90 degrees with said west section line for 33 feet; thence run southeasterly to a point distant 50 feat easterly (measured at right angles) from a point on said west section line, distant 485.44 feet north of the southwest cor*'*>r o* said Section 31; thence run southeasterly to a point distant 164 teet northwesterly (measured at right angles) from a point on tine A described below, dist.'-l 1170.05 feet northeasterly of Its point of beginning; thence southeasterly to a point on said Line A distant 1170.05 feet northeasterly of its point of beginning, and said line there terminating. LINE A described course tor 100 feet; thence deflect to the right on a 3 degree curve (delta angle 62 degrees 22 minutes 25 seconds) for 2079.12 feet and there terminating. Dated: 4-12-94 EXHIBIT A • % RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VVAYZATA HENNEPIN COUNTY, \HNNESOTA WHEREAS, there is now located in the City of Wayzata, Hennepin County, State of Minnesota certain real property described as follows, to wit: Parcel 1 LaPerre Property That part of Lot 1, Block 1, Fairway Hills Addition, embraced within Lot 58 Auditors Subdivision No. 184 Hennepin County, Minnesota. Parcel 2 Pemdale Road Right-of-Way (SEE ATTACHED EXHIBIT A) Parcel 3 Logan Property Commencing at Most Northerly Corner of Lot 95 Auditors Subdivision No. 184, Hennepin County, Minnesota Then South to Southwest Corner Thereof Then East to Southeast Corner Thereof Then Northwesterly Along the Easterly Line Thereof 83.5 Feet Then West Parallel With the South Line Thereof 93.5 Feet Then North Parallel With West Line Thereof 150 feet Then East 40 Feet to Easterly Line Thereof Then Northwesterly Along Same to Beginning. WHEREAS, the above described property is now located in the City of Wayzata and abuts the City of Orono, Hennepin County, State of Minnesota; WHEREAS, it is the desire of the City of Wayzata that the above described property be concurrently detached from the City of Wayzata and annexed to the City of Orono; WHEREAS, there is now located in the City of Orono certain real property described as follows, to wit: Parcel 4 Proposed Pxiblic Works Site That part of the NE 1/4 of the NE 1/4 of Section 2, Township 117, Range 23 West, lying Northeasterly of the Burlington Northern Railroad Right-of-Way. WHEREAS, the above described property is now located in the City of Orono and abuts the City of Wayzata; WHEREAS, it is the desire of the City of Wayzata that the above described property be concurrently detached from the City of Orono and annexed to the City of Wayzata; WHEREAS, the City of Wayzata believes that all the above described property is property subject to concurrent detachment and annexation by resolutions of both said municipalities pursuant to Minnesota Statutes 414.061; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wayzata: 1. That the above described property referenced to in this resolution as Parcels 1, 2, and 3 be concurrently detached from the City of Wayzata and annexed to the City of Orono, provided that the City of Orono adopts a similar resolution as to such detachment and annexation and that the Minnesota Municipal Board orders the detachment and annexation. 2. That the above described property referenced in this resolution as Parcel 4 be concurrently detached from the City of Orono and annexed to the City of Wayzata, provided that the City of Orono adopts a similar resolution as to such detachment and annexation and that the Minnesota Municipal Board orders the detachment and annexation. 3. That the above described concurrent detachment and annexation of the above described property be effective upon the issuance of the Minnesota Municipal Board's order, or at such later date as provided by said Board in its order. ADOPTED by the City Council of the City of Wayzata on this day of _ _ _ _ _ _ _ _ _ _ 1994. Robert Gisvold, Mayor ATTEST: Allan Orsen, City Manager FERNDALE ROAD OWNER: Description: The west 33.00 feet ct the Southwest Quarter of the Southwest Quarter of Section 31, Township 118, Range 22 lying northerly of a line beginning at » point on the west line of said Southwest Quarter of the Southwest Quarter of Section 31, distant 770.44 feet north of the southwest corner thereof; thence run easterly at an angle of 90 degrees with said west section line for 33 feet, and said line there terminating. Also That part of said Southwest Quarter of the Southwest Quarter of Section 31, which lies south and westerly of the following described line: beginning at a point on the west line of said Section 31, distant 770.44 feet north of the southwest corner thereof; thence run easterly at an angle of 90 degrees with said west section line for 33 feet; thence run southeasterly to a point distant 50 feet easterly (measured at right angles) from a point on said west section line, distant 485.44 feet north of the southwest corner of said Section 31; thence run southeasterly to a point distant 164 feet northwesterly (measured at right angles) from a point on Line A described below, distant 1170.05 feet northeasterly of Its point of beginning; thence southeasterly to a point on said Line A distant 1170.05 feet northeasterly of its point of beginning, and said line there terminating. LINE A From a point on the west line of said Section 31, distant 305.57 feet north of the southwest comer thereof, run southwesterly at an angle of 53 degrees 11 minutes 25 seconds with said west section line for 1209.97 feet to the point of beginning of Line A to be described; thence run northeasterly along the last above described course for 100 feet; thence deflect to the right on a 3 degree curve (delta angle 62 degrees 22 minutes 25 seconds) for 2079.12 feet and there terminating. Dated: 4-12-94 EXHIBIT A JOD^ SITE development AGREEMENT This agreement is entered into between the City of Orono and the City of Wayzata. Recitals Whereas the followine described property will be concurrently detached from the Ciw of Oron^L annexed to the City of Wayzata upon approval of the Minnesota Municipal Boar . onrnonheast'uarter of the northeast quarter of Section 2, Township 117. Snge 23 West! lying Northeasterly of the Burlington Northern Rati Road nght-ot-way, and Whereas. Wayzata has requested that Orono enter into a concurrent detachment and annexation agreement, and Whereas the Ciiv of Orono desires to ensure the development of the site is compatible with surrounding land uses and meets the city’s general development requirements, and Whereas the Cities of Orono and Wayzata desire to arrive at an ^n^^^rstanding concerimig the development of the above described property so as to ensure adequate land compatibility, and Whereas the mutual understanding of the cities can be most easily recorded 'hrouSh a joint aememen" whkh sets out the mutual covenants under which the cit.es agree to enter mto the concurrent detachment and annexation agreement. Now Therefore be it Resolved, that the panics agree that Uie above described will be developed within the following parameters and that the City enforce the land use parameters as a condition of the concurrent detachmen 1. 2 . j . 4. T.and Use. The above described property shall be developed as the Dublic works site for the City of Wayzata incluaing buildinas, exterior storage areas, parking lots, or any other use accessor^/ to and incidental to the normal operations of such use. The adjacent property to the east, currently within the City of Wayzata, will remain as open space and other than for access and screening purposes will not be used for public works operations. Buffering and Screening. The City of Wayzata _ shall develop the orooertv to take full advantage of the existing^ natural vegetation "and topography of the site. The public works building and accessory facilities shall be situated on the site to be screened a minimum of fifty (50) percent opaqueness from Highway 12 looking westerly or from Woodhill Country Club looking"" northerly. Existing topography and -.he natural tree buffer will be retained within the Burlington Northern right- of-way line to the south. The City shall retain the existing tocography and natural tree buffer in an area one hundred fifty (150) feet west of the easterly line of the property to be annexed from the City of Orcno. Exhibit A, as attached, indicates the site and the areas of natural vegetation and topography to be retained by the City of Wayzata. .q^^tbacks. All buildings and structures on the subject _site shall be set back in conformance with the requirements of the Wavzata Zoning Ordinance Section 301.70.6,^ which specifies front yard setbacks of fifty (50) feet, side yards of one hundred (100) feet, and rear yards of one hundred (IOC) ^eet, as measured from the property line. •an-ild-ing Construction._ _ The proposed public works facility and any other accessory buildings shall comply with the City of wavrata Zoning Ordinance as found in Section 301.19.4 whichWayzata Zoning specifies the following: I"® developed as .reaa W^yzata inoludin| lots, or any other rCvco°tS® operations ofrty to the east, currently within lain as open space and other than >oses will not be used for pubric e City of Wayzata shall develon t?nnrr Woodhill Country Club topography and the natural tree the Burlington Northern right- retain the existing ast-rlv f-i hundredy line of the property to -ea"s°of'^^'‘^"'= ^“ached?'hi rft? natural vegetation and •he City of Wayzata. tructures on the subject sit® ° requirements of the UO} feet, side yards of one ras of one hundred (100) fe®t me. ■‘-c-c, °h^/n facility andhall comply with the City of no in Section 801.19.4 which 3 . 8. ^ vxterior building finishes shall consist of materials Comparable in grade and quality to the followrng: 1. Brick. 2. Natural stone. 3 Decorative concrete block. 4! Cast in place concrete or precast concrete panels. 5 Wood, orovided the surfaces are i.iniSi ... ®xt®rior use and wood of proven exterior durability is used, such as cedar, redwood, cypress. 6 Curtain wall panels of steel, fiberglass and aluminum (non-structural, non-load bearing), or^ided such panels are factory fabricated and finished with a durable non-fade_surface and their fasteners are of a corrosion resistant design. 7. Glass curtain wall panels. 8. Stucco. 10. Other* materials as determined by the Zoning Administrator, but not including galvanized or unfinished metal. =-vr,-rior Storaae. All materials, supplies and equipment shall be stored withiiTan enclosed building or screened by a wall, fence, berm, or natural vegetation to an opaqueness of not less than fifty (50) percent. Underaround fuel tanks will not be placed on the site. above-ground fuel storage shall meet all Minnesota Pollutio Control Agency standards. ration Facilities and... Water Supply^ Sewer and ^ater service to the subject property shall be providea , a orivate on site facility or hookup to ad]acent municip systems if feasible. T.iahtina. All lighting on the site shall be diffused or directed away from surrounding districts and public streets in conformance with Sectio 801.16.6 of the Wayzata Zoning Ordinance. WPtlands ^nd Drainage. The site shall be developed in accordance with the 1991 Wetland Conservation Act and in conformance with any requirements of the Minnehaha Creex Watershed District. 9. • ^ be developed, with 3,ccgss at jnar°s?/gcrs^ of® Highway 12 ar.d Wayzata Boulevard The Che °be dlsigred co ninimze site lines of the ®Shirc w“ts^-s®it\ ,f rom |gh«ay 12^ ^^ft^ kccess shall .eliminated ejection. The Highway 12 12 and Wayzata Boulevard shall be intersection of mgh ey -,,j-rent ^traffic volumes withoutredesigned to accorrmodate current; tra inclusion of a semaphore at uhis time. CITY OF ORONO Its Mavor Its Citv Administrator CITY OF WAYZATA Its Mayor Bv Its Citv Manager F, po Lc OT)r?s * * • * * % F,; "Por 'hjr<\S ■Pr,/^ W’i^y'l.Aix “}y •vi" Ow^*f- ]<tiie 131/re P<X\^C vAe»^"V L^At -y ' REQUEST FOR COLT^CIL ACTION «i>r ■*->'DATE: May ^ NO: yUITEM NO Department Approval:Administrator Reviewed;Agenda Section: Name Ron Moorse 7 City Administrator ’s Title City Administrator S/' .Report Item Description: Park Survey At the May 9 Council meeting several concerns were expressed regarding the draft of the park survey. The concerns related to both the formal and the focus of the survey. One concern was that the formal began with specific activities (micro) and then went to more general questions (macro). It was suggested that the format should begin at the macro level and move to the micro level. Concerns were also expressed regarding whether the survey as drafted would provide the information the City needs. From staffs perspective the purpose of the survey is to provide information to address three main questions: 1. Are the City ’s residents generally satisfied with the parks and recreation facilities currently available to them? 2. Are there needs not being met that residents want the City to meet? 3. do the residents want the City to meet their unmet needs if they have to pay their share of the costs? The survey is set up to obtain this information in several ways. 1. The questions related to specific activities will enable the City to create a recreation profile, or profiles, of the City ’s residents. This will enable the City to determine what the general orientation of its residents is in relation to parks and recreation. 2. A series of questions has been designed to obtain general information about whether the current parks and facilities meet citizen needs. REQUEST FOR COUNCIL ACTION Park Survey Mei May 19, 1994 page 2 a.)The first question in this series asks whether the current mix and number of parks and recreation facilities in and around the community meet the tKcds of tte residents. b.)The second question asks whether Orono should offer more facilities to meet residents needs versus looking to other providers to meet these needs, i.e. county, private, etc. c.)The third question asks the resident to generally identify the ty^ies of parks or facilities needed, i.e. natural preserves, passive facilities, or active facilities. d.) The next questions in this series ask whether the resident is willing to pay the costs related to providing additional facilities. A concern was raised at the Council meeting regarding whether the introduction to the survey needs to be more specific in terms of the purpose of the survey. The survey consultant has indicated that a more specific introduction would cause two problems. First, if the survey is framed too narrowly the number of people who refuse to participate in the surv-ey increases significantly. Secondly, if the introduction becomes too specific it can become leading, in that it can color the thinking and responses of the respondents. The attached revised questionnaire has had several areas deleted to improve its focus. The Park Commission has requested that a set of questions regarding the use of user fees to fund recreation facilities be included in the survey. The survey consultant is preparing those questions. The Council may want to meet in a work session for further review of the survey. OROMO residential SURVEY Decision Resources, Ltd. RECREATION AUDIT STUDY 3128 Dean Court , . Revised Version 4.21 Minneapolis, Minnesota 554.6 Ltd., a polling firm Hello, I'm_ _ _ _ _ _— we^have\e®n retained by the City of located in Minneapolis. residents about issues Orono to speak with a ^ey is being conducted because £acino_ilifi_^mmunity. ® interested in your opinions and BuggeBCions anouc pa.. ^ responaes wil- fce held I wane to aasure >’?“ ; ; j the entire sample wil- strictly confidential; only s-...ma-- be recerted. i w«ars rav* LESS THAN T7J0 liARS. . .1 1. Approximately TNO TO FIVE YEARS. . . .2 vou lived in the City o.. 0--wC. . . . .3 TEN TO TTWENTY YEARS. . .4 T7?^NTY to THIRTY YEARa • • 5 CVER*THIRTY YE.=RS. . . .5 DON • T XNCW/REFUSED. . . .7 . miaUtV of EXCELLENT. . . . . . . . . .I 2. How would you aoed. GOOD. . . . . . . . . . . . .. cnly fair, or peer? POOR. . . . . . . . . . . . ... DON • T KNOW/REFUSED. . . .5 1 -1 about ■'ivinq in Oro.nc?3. What do you like tr.os- atcat — ^ 4. And, what do you like least about living in Orono? , - list of ionsl sctivitixBS. Fo3tI would like to read^/cu^a^liet ,£ your house- hold engage m that ac-1 - "teacher and season pemitt.ng, household engage Jh 'h.t ac.. /, monthly, several almost daily. ^qair for seasonal activities, times you or household members participateplease tell me .now ot.e.. you cr^ .e-ember we are interested in ohe^num^e? UTilk. you ir^other household members participate. (ROTATE LIST) n^IL ‘ vijj NEVR DK/R • I Tr '*MO, ” ASK: . , . ,rac'sational facilities would 30. What acdit-onal ^ residents? you like to see of^e-ea i 31.DO you feel the City of Orcno should develop. . . . .^ are adequate- ;•. . .^ DON'T KNOW/RSFUSED. . .* ■*should develop ® ®°” feel"that iurrenr^cilities' are adequate tor city residents? . ' • - • ^-creational develop-ent The City could undertake a nuTxe. c. -- efforts. 32.'v’-'c- of t.he fcilov/i-ngi_. • »>>-i o-r-i tv oE tr.emake the chxer , - fricrity a.........................J P.RIORITY ..................................- PRIORITY ....................... ^ SOMETHING ELSE (VOL)- -4 all C? ABOVE (VOL) .. . .= NONE OF ABOVE (VOL). . .^ DON'T XNCW/REFUSi.0. . . B. nic open spaces, ana Developing additxcnal .c- nark facilities, such as ^a- C. fields andDeveloping adoitional passiv-_ ?nftrafla';r.d kowJr cardena develoofent of -creational facilities^by^the^a^^ 3ould Probably^re^i-^a^P^P^-r^ic'ieB developxent along the Tffiee”*-Svrbe« diacueeing... • 33.much would you be willing to NOTHING 1 2$20.00. . . . . . . . . . . .2 $60.00 ‘‘?^®tcvOOSrRL\TCM'STARTING loiST; Mo;;^ OP OP DOWN DbPPPDINO ON ANSWER) Kow anou^ $- - ,-e* year? (REPEAT PROCESS) 3 $90.00. . . . . . . . . . . . .5 $120.00. . . . . . . . . . . .g S150.00. . . . . . . . . . . .^ $130.00. . . . . . . . . . . .Q DON'T KNOW. . . . . . . . .. REFUSED. . . . . . . . . . . . I would li.ke to a^city^orcrcno'^Ppk'system. _ ^^facil- toiSnd°tie ac^iei'tio^ of tfJefSould^e retired, ities. thougn. me i*f you would strongly support. For each one. ^^^at oocose. or strongly oppose » somewhat ®^PP?^^:.ease to fund its development. If you con procerty cax j-ia'— know, just say so. STS SMS SMO STO DKR 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. Picnic areas and shelters? Swimming beaches? children? PlayoTQund equip^-snt fo- • Paved walking and bicycling^ Natural walking and bicycling trails? _ Outdoor tennis courts, outdoor basketball courts. Nature observation Plavfields, for soccer, *• softball and baseball? Public water access -or and/or canoes? Outdoor v'olleyball courts. 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 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 45. on average, how many you willing to drive to a o- re^reational facility of interesc to you? Let’s talk about bike/hike trails 4 L3SS THAN FIVE MINUTES .. 1 5 TO 10 MINUTES. . . . . .^ '1 TO 15 MINUTES. . . . .^ 16 TO 20 MINUTES. . . . .^ 21 TO 30 MINUTES. . . . .= 31 TO 45 MINUTES. . . . .° as TO 60 MINUTES. . . . .' OVER 60 MINUTES. . . . . .° DON' T KNOW/REFUSED. . . .^ e • • m •• • >r STS SMS SMO STO DKR L3SS THAN FIV2 MINUTES.. 1 5 TO 10 MINUTES. . . . . .^ 11 TO 15 MINUTES. . . . . 16 TO 20 MINUTES. . . . .^ 21 TO 3 0 MINUTES. . . . .= 31 TO 45 MINUTES. . . . . 4 6 TO 6 0 MINUTES. . . . . OVER 60 minutes.... . . DON'T KNOW/RBFUSED. . . 46. 47. Would you favor or oppos« a trail system linking recreational .ac-i ities within the ccmmunity.(IF "FAVOR," ASK:)Btill favor it if aincrease were requxrea to aevelop the eyetem? T* a citvwide trail system were built, eSuld it primarill^ee^e pedestrians, primarily serve bicy clists, or ser'/e botn? favor /stilLi favor . 1FAVOR/NO. . . . . . . . . . .2f.avor/unsure. . . . . .30*PPOSE. . . . . . . . . . . .4don ' T KNOW/REFUSSD. . . .5 >•. . p.rimary pedestrians .........1 primary bicyclists ...........2 BOTH. . . . . . . . . . . . . DON'T KNOW/REFUSED. . . .4 48.If a proposed trail were to run .-y vcur prccerty, would you be lini ?o grant the City an easemen to that part of your lane. bv YES NO DON'T KNCW/REFUSED Moving on.•.• 49. In general, how would_^you rate the E^^ShLENT| j reation facility'-- excellent, . . . . . . . . . . .4 good, only fair, or poor. DON'T KNOW/REFUSSD. . .5 ^o^'aci^itie^. For each one, please tell me if you reel it ^e:Ss'better^intenance.a»c improvement. YES NO DKR 1 ^50. Rest rooms? l 2 3 51. Beaches? l 2 3 52. Picnic areas? ^ 2 3 53. Slcating rinks? _ i 2 3 54 Playground equipment. Changing topics.... 55. What is your principaland activities going on in the City ot g*ono. NOW, just a few more questions for statistical purposes..,. c. w. V Of a Tot is your LESS THAN l/2 ACRE. . .1 56. located - less 1/2 TO ONE ACRES. . . . .2 I™ ?/2 acre to one ONE TO TWO ACRES. . . . .3 "oL acr4 to tw^^rL? two rWO TO FIVE ACRES. . . . .4 five acres, five acres to FIVE TO 10 ACRES. . . . .|acre to five ac*es, ... . . . . . . . . .g 10 acres, DON'T KNOW/REFUSED. . . .^ Could you please tell g^old age groups live in your . Be sure to include yourse-r. 57. First, persons 65 or over. 58* Adults under 65? r,,*,*-schoolers?59. school-aged children or pre sc..o . . IP CHILDREN ARE PRESENT ASK: T'laonle ■’r each or tne -ollcwir.g how many with the oldest. ^°* rently plrticipate in team :i,<iiw/REFU^ . . . sports? aoo'icable, the occupation V7hat is ycur occupation ana, .. a..- cf your spouse or par^ne . 1 2 3 • i • 62.What is your age, (READ CATEGORIES, If NE..D-D) lS-24............. 25-34 ............. 35.44 ............. 45-54 ............. 55-64 ............ S5 AND OVER REFUSED...•• • • • YES Do you or any oiembers o^ ^°monber- NO ^ - - currently have^a orivate cr puoiic ..ea---- 4 JL 3 4 c mJ 6 < 1 2 household ouirently SoS'T KHOW/RSFUSSS. . .3 64. 65. 66. 67. ship in a i club? Do you or any adultvourhousehold currently partici- on any organized sports teams? Has your household purchased a Hennepin Parks sticker for using ?he Parks and Trails System. Tg your current residence on a ' lake? Gender. (DO NOT ASK) YES. . . . . . . . . . NO. . . . . . . . . ..DON'T XNOW/RSFUSED YES. . . . . . .. • • • NO. . . . . . . . .•DON'T KNCW/REFUSaD 'fES NO 1 2 3 1 2 3 1 2 *•••••. . . . . . ^DON'T IQ'^OW/REFUSED. . . MALE. . . . . . . . . . . . .2 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Thank you very much for your time. 68. Region. (FROM LxST) 69. School District. (FROM LIST) telephone number interviewer _ _ DATE Item Description: 1993 Interftind Transfers and Budget Amendments BUDGET AMENDMENTS: ^ u The 1993 General Fund Budget year end results show revenues exceeding expenditures ny S199 778 General Fund revenues were at $3,272,799 versus the budgeted amount of $3,132,572, a budget surplus of $140,227 or 4.48%. General Fund expenditures were at $3,073,021 versus the budgeted amounts of $3,132,572; under budget $59,551 or 1.90%. Within the General Fund several departments require budget amendments, however, the total General Fund expenditure budget does not increase. A tabulation follows indicating the departments, original budget, amendment requested, and final budget amount. Dftpartment Legal Fire Protection Engineering Street Maint Parks Maint Spec Serv/Consult Spec Proj/Conting Net Amendments Original Budget 86 $192 4 $489 53 20 $153 $ $ $ $ $ $ ,200 ,678 , 130 .175 ,396 , 489 , 292 Amended Amendment Budget. ($ 2,750) $ 83,450 $15,700 $208,378 $ 6,700 $ 10,830 $ 6,810 $495,985 $ 4,690 $ 58,086 $13,300 $ 33,789 ($65,800) $ 87,492 $ -0- A brief explanation of the amendments follows: The leeal budget is reallocating S2.750 to the Special Services budget for additional legal consultant fees regarding land use applications, which were up signincantly from the prior year. The Government Buildings budget increases of S21.350 are for consulting ($300). maintenance supplies ($2,100). utilities ($8,850). equipment maintenance ($1,150). buildings and ground maintenance (mostly post office repairs) ($8,250). and property insurance ($800). 1993 INTERFUND TRANSFERS AND BUDGET AMENDMENTS May 20, 1994 page 2 The Fire protection budget increases arc for the Maple Plain ($7,850), Mound ($4,450), and Wayzata ($3,400) service areas. The Maple Plain adjustment is for the 1992 service year billed December 1993 which was $5,938 over the 1992 budget. The billing for 1992 is essentially equal to the amount budgeted for 1993, so we have increased the 1993 budget by $2,000 to compensate for the increase. I will be in contact with the Maple Plain fire chief to see what can be done to expedite the billing in the future. The Engineering consulting budget increase of $6,700 is due to increased use of the Engineer for projects such as developing a municipal state said street reconstruction plan and protecting the city’s interest in relation to the ponding area needed for the Highway 12/Willow safety improvements. The Street Department budget increase of 56,810 is essentially to fund higher than normal maintenance and repair costs for the automotive equipment and miscellaneous equipment. The Parks Department budget increase of $4,690 is for additional maintenance supplies and maintenance of building and grounds. The Special Services/Consultants increase of $13,300 is for higher than anticipated legal and engineering services related to land use applications. The additional amounts for this department do not "cost" the City as they are recovered through billings to the various applicants. All of the individual department budget increases except $2,750 ot Special Legal Services, are covered by funds in the Special Projects/Contingency budget. As stated previously the total General Fund budget is unchanged by the budget amendments requested. BUILDING OUTLAY FUND & PUBLIC FACILITIES CONSTRUCTION FUND The Building Outlav Fund is the fund set up to provide funding for the new city facilities. The Public FacilUies Construction Fund is the fund in which all expenditures related to the new city facilities have been accounted. The sources of revenue for this fund were to be the city facilities bonds, transfers from the Building Outlay Fund, and proceeds from the sale of the sewer plant property. A transfer needs to be made from the Building Outlay Fund to the Public Facilities Construction Fund in the amount of $314,351 as reimbursement for costs to be offset by the proceeds from the sale of the sewer plant property (deposited in the Building Outlay Fund). In addition there •vere previously made cash advances of $286,576.80 from the Building Outlay Fund to the Public Facilities Construction Fund during 1991 for expenditures incurred through 1991 prior 1993 INTERFUND TRANSFERS AND BLTXJET AMENDMENTS May 20, 1994 page3 to the time of the bond sale. At this time recognition of the advances as a transfer will clear the liability from the construction fund. The Budding Outlay revenue budget should also be increa^d $290,000 to reflect the proceeds from the sale of the sewer plant property. After the current transfer out, the Building Outlay Fund will have a cash balance ot $2,345,770 as of 12/31/93. SEMTR OPERATING FUND & WATER OPERATING FUND The 1989-1 water tower project, located north of Highway 12 on Old Crystal Bay Road, has been completed during 1993 and a reallocation of a portion of the remaining construction funds from the sewer fund to the water fund is needed to reimburse $20,087.84 of construction costs. 1980 IMPROVEMENT BOND DEBT SERVICE FUND & WATER & SEWTIR OPERATING FUNDS Preliminary to the call of the 1980 bonds a transfer of $241,000 from the debt fund to the water fund ($122 000) and the sewer fund ($119,000) is requested to assist in the funding of the 1989 revenue bo’nds. The remaining assets of the 1980 Debt Fund will be closed to the Water and Sewer Operating Funds subsequent to the call of the 1980 bonds in 1994. COUNCIL ACTION REQUESTED: Approval and authorization to implement the budget adjustments and transfers, as listed. Motion: Moved by seconded by _, to approve the budget adjustments and transfers, as noted. Ayes_, Nays_. %V REQUEST FOR COL^CIL ACTION DATE: 5/18/94 % % /So ITEM NO.: /(^ Department Approval: Name John R. Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: Pubhc Works Item Description: Kelly Avenue Drainage Problem For many years we have experienced temporary flooding in the very low area of Kelly Avenue. The flooding occurs because of inadequate storm sewer capacities. The flooding occurs every spring and if there are heavy rains during the summer (3 rainlall or more). The flooding^will affect Kelly Avenue in the low areas and will build up to two to three teet of water over Kelly Avenue. Some residents in this area are restricted from vehicle access to the property for several days and during a wet spring sometimes weeks. Attached is a report of the area done in 1976. The report has not been updated. The report identifies the most practical and cost-effective solution as constructing an adequate outlet for the excess stormwater nin-off. Two options were identified for this outlet. One is to convey the water across County Road 19 and eventually to the large wetland behind the F.W.B.I. The other is to convey the water along Kelly Avenue to Lydiard Avenue and then to Carman Cove. About a year ago, the resident at 2605 Kelly Avenue suggested doing something about the situation. The letter from the resident is attached. I have included a rough sketch of the problem area showing the direction of flow of the water. It may be appropriate at this time to direct the City Engineer to update the 1976 report to determine the most effective way of correcting the problem. COUNCIL ACTION REQUESTED: Direct the City Engineer to update the 1976 report to determine the most effective way of correcting the problem. Woli] ran raflfii] rtKt] »OViVXt] ran •14 n mm mm ,<^.^-.-l——-'- '.v :,,V.v: ' •.' ■■ r. - *^.*Aj Codii ■| -I - '.-V. - *,.* » fc; t*«- -•a. *•«fc •. c \ ; «.-v' • •- * '\ - « • * •• <i0y»tr->r- ■ .a.. • • ••» - • > .% . "*•1* • *•^. rr REPORT • .••• »*•• • ■•: - I*. • * FOR KELLY AVENUE City of Orono March, 1976 ». -M • •- V « - — A W W* • w.• i '-f ; • • • • * ^ r • • * • March 22, 1976 Honorable Mayor 6 . . Members of the City Council City of Orono p.O. Box 66 cc-jo-jCrystal Bay, Minnesota 55323 Subject: Kelly Avenue Drainage Report Dear Mayor i Council: AS per your direction, we have completed the report AS per y -in Kellv Avenue area. This on the provide you with the engineering al- report xs ^oaether with their associated costs, for?Srniev?aUon ot tL periodic floodin, problem of Kelly Avenue. Sincerely, McCOMBS-KNUTSON ASSO^TES, INC. Richard W. Sathre RWS:las Enclosure •> ' .•. . • t V-'.w- • r* * ■ AS per the. direction of . the City Council, we have nade • a study of the Kelly Avenue area for the purposes of deter- Bining the causes and possible remedies of the periodic flooding situation for the purposes of making recommendations for the alleviation of this problem. At present, a total land area of approximately 46 acres is drained by a tile system to Carmen Cove. Roughly 9 of these 46 acres drain directly to the tile system, while the runoff from the re- ■; ' ' «• l ■ ■ ^ • V-v.w /.•• •V.* • • • ^ • • • • • saining 37 acres must pond in the marsh area adjoining Kelly Avenue to the east. This marsh area has the capability of storing roughly 2.75 acre feet of water. When this storage capacity is exceeded, the marsh overflows across Kelly Avenue to the drain tile system. since the present situation exists because 1) there is no effective outlet for surges in flow volumes; and 2) the storage capacity of the marsh is inadequate to prevent flooding; the alternative solutions would be: Construction of an adequate outlet to remove excess runoff; or 2) 3) Increase the storage capacity of the marsh; or Decrease the runoff quantity# /Alternate No. 3, the decreasing of the runoff quantity is not feasible since the predominant land uses in the drainage area are residential and undeveloped. As the re-. " ^ ~ s , — Mining open land is developed, however, provisions should be made to allow for ponding of runoff to reduce the trans portation of sands and oils into the marsh and to increase the time of concentration of the runoff. ■, • .is:r . • Alternate No. 2, the raising of the level of Kelly Avenue and the reliance on evaporation and seepage into the ground of the pond effluent, would necessitate the raising of the street grade on Kelly Avenue for approximately a 400 foot stretch of the roadway. Soil borings taken in conjunc­ tion with the recent reconstruction of sewer lines across this marsh, have indicated very deep deposits of peat in this marsh area and have indicated that the roadway and those Utilities constructed under it are actually floating over this peat deposit. The roadway has over consolidated the peat to a point where the roadway is relatively stable in its present situation. It is our opinion that if the roadway is to be raised, that the underlying peat deposit would have to be excavated and removed to provide the road with adequate foundation. This action would necessitate the removal and replacement of existing sanitary sewer and watermain and » would therefore disrupt the surrounding area during the construction operations. It is felt that in the attempt to raise the road simply by filling on top of the existing roadway, would result in the displacement of these public utilities and that the over burden placed upon the road would . • • --.r • . ■■ * • a result in a displacement upward of the'^round surface and ... - - . . . . .. • ‘ adjoining marsh areas. Construction of a bem along ' the east side of Kelly Avenue could also increase the marsh storage capacity» but this is also considered impractical due to the existing soil conditions. Under Alternate No. 1, the conveying of excess runoff out of the marsh area through the use of storm sewer, two possible routes have been considered. These rc tes are identified as Route A and Route B and are shown on the er- closed drawing. Route A indicates the conveying of water across County Road No. 19, eventually to the large marsh behind the Fresh Water Biological Institute. Route B studies the conveying of excess runoff along Kelly Avenue to Lydiard Avenue and thence to Carmen Cove. All systems utilize a 10 year design recurrence interval. The use of Root-fi A iiivolves the conveying of storm water from one drainage b^.sin to another. It involves not only the City of Orono, but the City of Minnetonka Beach as well, since the outlet from the marsh behind the Fresh Water Biological Institute to Lake Minnetonka is in the City of Minnetonka Beach. Route B, although not following the nat\iral drainage way, conveys the excess storm water to its present \iltimate discharge area. Two alternatives under each routing have been considered. Under Route A, Alternate 1# a gravity storm sewer system would be constructed. Under Route A, Alternate 2, a combina­ tion of force main and gravity storm sewer would be constructed.• •• • • • -•< - i Similarly, Route B, Alternate 1, deals with a strictly gravity outlet, where as Route B, Alternate 2, considers-a•.combination of forcemain and gravity storm water conveyance. The respec­ tive costs of these systems are included as a part of this •^V report AS will be, noted, the forcemain syste.-a .costs are approx imately double the gravity system costs. The selection of either forcemain system is therefore not recommended. The costs of constructing a gravity system are approx­ imately equal for either routing. The decision as to which routing is most favorable should therefore consider *he non-cost factors involved in -each as the determining factors. 7“; ''^i^K6LL Y AVC h .uu / ’RAINAGE _RE^R_T mn- ^l^xisriH CULVER /I - “^r r^——^* '•*^.— •^ — ♦ ^ • • • . ■♦- • %. . V ♦ - * " " _____^^•- l ^ ^ iiaU) PROPOSED SWALE _ -/- If -. :jjz^•f* j « Ml M .. V ^iO-*' I ; vP_ * -XX Ww / V- y / T V''/ -i- -' / //V^ - V I * • A •' n —ITS • 10 ~J^^j .nt 2/ 3 5> %» / .* > 1 *</•■» / // _ /_. ■‘•avr'.jii? ' ?r - • • sr .3S^ . 1 — "•«■ / C''*^> - Sj_ V y L ^T'^-J^ •- ^ A# —* V9 X X Tf^mt ^ _I ‘ .’^*'- r T |Q?-7~~^ -.iV “ ^ ^ f ’K^RT,‘ t A rQfx.r • • • • •'• #♦ - s.,• • •' r • •- *4 : *< rOOTE A " RLTEANATIVE 1 “ ALL GRAVITY SYSTEM • • ' I % ■‘•I • ^•• • • % t * *» * * • • • -••-- -‘-.r V 27" R.C.P. 27" Concrete Aprons Manholes Jacking Rip-Rap Dragline Excavation Tree Removal Restoration 670 L.F. ® 20 - 2 EACH 9 350 « 2 EACH 9 600 = 60 L.F. 0 125 4 C.Y. @ 20 * 1,300 C.Y. § 2 - lump sum lump sum Contingencies Total Construction Cost Engineering, Legal * Administrative Total Project Cost $13,400 700 1,200 7.500 80 2,600 1,000 1.500 2,800 $30,780 4,600 $35,380 . V . .. ^ ALTERNATIVE 2 - FORCEMAIH * GRAVITY SYSTEM ^ ♦» •'4 14* D.I.P. Forcemain 500 L.F.0 15 $ 7,500 27" R.C.P 50 L.F.0 20 1,000 Manhole 1 EACH 0 600 &600 Lift Station LUMP SUM 40,000 27" Concrete Apron 1 EACH 0 350 -350 Jacking 50 L.F.0 100 -5,000 Rip-Rap 4 C.Y.0 20 -80 • Tree Removal LUMP SUM 1,000 Restoration LUMP SUM 1,500 Contingencies «0' 5,700 Total Construction Cost $62,730 Engineering, Legal i Administrative 6,270 Total Project Cost •$69,000 - 4 . >*r ♦ S* .• * » • • • * , • ^ a • ^ . a •. %« • % • • fa— . • ••• • - r* •. • •• - *S f ' • .•• : w.”, • • SOOTE B ALTERNATIVE 1 - ALL GRAVITY SYSTEM 27" R.C.P.980 L.F.§BoCM$19,600 27" Concrete Aprons 2 EACH e 350 =700 Manholes 4 EACH i 600 «2,400 Rip-Rap 4 C.Y.20 =80 Street Restoration LUMP SUM 2,000 Restoration LUMP SUM e 2,000 Contingencies 2,800 Total Construction Cost $29,580 Engineering, Legal & Administrative Total Project Cost 4,450 $34,030 ALTERNATIVE 2 - FORCEMAIN • £ GRAVITY SYSTm • 14" D.I.P (Forceraain)550 L.F.inH- • ^ $ 8,250 18" R.C.P.430 L.F.§ 15 -6,450 Manholes 3 EACH ma\oo-1,800 Lift Station LUMP SUM 40,000 18" Concrete Apron 1 EACH 8 300 -300 Rip-Rap 4 c.y.§ 20 -80 Restoration LUMP SUM 2,000 Contingencies 5,820 Total Construction Cost $64,700 Engineering» Legal fc Administrative 6,500 Total Project Cost $71,200 ' • >• • » :. # r.t « • >. J r ^ m 0 • . • , * •-% - • # • ^*00 :V • my V.' **••-■ •• .V* • y ‘ ‘ REQUEST FOR COUNCIL ACTION y DATE: May Cr- ^ ITEM NO= /7 Department Approval: Name Ron Moorse Title Citv Adminisirator Administrator Reviewed:Agenda Section: City Administrator's Report Item D^cription: Police Lieutenant Contract Settlement for 1994 The Lieutenant contract has now been settled within the parameters set by the City Council. The settlement is a 2.75% pay adjustment and a $20.00 per month increase m the City s insurance contribution to bring the contribution to $291.00/month. COUNCIL ACTION REQUESTED: Motion to approve the 1994 Police Ueutenant contract senlement as indicated above, r %!f. REQLEST FOR COUNCIL ACTION CT v ^ DATE: May 19, 19Q4 ITEM NO:/; % Department Approral: Name Ron Moorse Title Citv Adrmmstraior AdmUiisM^tor Reviewed:Agenda Section: City Administrator’s Report Item Description: Lump Sum Payment to Jim Gregory Jim OrcBory and several odier Public Works Maintenance staff had their base pay rates of those frozen. However Jim GreBory’s pav rate has remained frozen due to the original differential towwn "ncmai piy rate'ani.he Compensation Plan being larger for Jtm Gregory than tor the other suff ^cSuse Jim Gregory's salary is sttll frozen, it is recommended he contmue to t^mve lump sum pay adjusiment in the amount of the annual compensation adjustment. Mr. ® pay rate is cu Jntly S.62 or 4.4% over the Public Work Maintenance pay rate. This will require his base pay to be frozen for two more years. COUNCIL ACTION REQUESTED: Motion to approve a lump sum payment to Jim Gregory in the amount of the 1994 pay adjustment provided to the Public Works staff (2.75% of base pay). 1 Fil no Cl TFnfirrr riTTrTTfTCl V* LUiiunTngi >1 KlK 7TWT HimiMimmiiiiM n <|jV- CITY OP ORONO ?.0. Box 66 Crystal Bay, MN 55323 473-7357 License Year Date Received Fee Paid Initials garbage a RE?DSE coixector's license application the indicated business in the City of Orono and:he undersigned wishes to operate the indica herewith makes application for a license to Business/Pinn , (^"TT'i 1/A. Addres. - - - -d-orir, - - -(s - -(Street) (Zip Code) Business Phone Number . ^7^ (bnraec) /-Za < t s/ Phone Number :heck One:Individual [umber of Vehicles to be used in Orono Partnership / ^ Corporation at" UI\CS0 I lltr-MUfc- Wi ? 4 lescription of Vehicles (attached list if more). ‘^“'7’riiil c^:trwt. Kelrtlkjili U52Z2i£5£ ;r A. -T%,‘ • V\ ^ At -Tw*# VW JT-thM rCiJ 2^y/Ti ' * ’ X * ' . » •VA ■j- /•'»» vw'/ VteV General area of City served - - Schedule of Collection charges/ dates . N\A^5 ’ ;:onroximate number of customers in Orono ^ .option of dumping area ^ ' l^'o^ER FOR THIS APPLICATION TO BE COMPI^TE, YOD MUST ENCLOSE THE FOLLOWING: r'';;;7«7eVInro7e7a7o77f‘the‘7b7vVbusiness and l.have paid ^11 LT/IXes req»±Te^y law. The above information is correct. _ _ __ _S~-A=±^ K^pii^nt the amount of Date for CITY USEApproval ONLY: After review of application, ' Denial Date CITT OP ORON ?.0. Box 66 Crystal Bay, 473-7357 55'323 License Year Date Received Fee Paid Initials garbage S REFDSE COLLECTOR’S LICENSE APPLICATION Number of Vehicles to be used in Orono Description of Vehicles (attached list if more): ^ __ •/ear Mfar. Grott^Wt. Re Axle Size/Ya^js Li cen se^-Scmbe_r /97^ Por'J 6 00 f-V ^0 (fi Ji; General area of City served Schedule of Collection charges/ dates , Approximate number of customers in Orono /—-----------------IfTl jO J // Location of dumping area IN ORDER for this application to be complete, YOO must ENCLOSE THE FOLLOWING. Surety bond in the amount of $1,000. Proof of insurance in f lat rate^ee, plus $15/truck, and a $30.00 transfer fee Ufjpplxcable). I am t^e owner and operator of the above business and I have paid all license fees and /axes required b^ ^.aw. The above information is correct. S'-/3-9‘Z Date for CITI OSB 0NLT= After review^application, ' ' Approval _ _ _ _ _ _ n- -9<J Si^^ature of CityOfficial Date m CITY OP ORONO RECEIVED License Year --------------------------------- P-0- ....3 MAY 1 6 1994 -------mitiali---------Crystal Bay, MU 55323 --------------- ------- 473-7357 CITY OF ORONO f;^PRACR & REPOSE COLLECTOR'S LXCEMSE APPLICATION The undersigned wishes to operate the indicated business in the City of Orono and herewith makes application for a license to o so. Business/Pina R t W Sanitation. Inc. ^ R V Roll-Off SfifYKe. lac.- - - - - - - - - Address- - -- - - - - - - - - - - - - - - - - - - - - - - - - - -(Stat¥l- -(Zip Code* Business Phone Nuaiber 448-7833____________________ CITY OF ORC^O , . .. F inance OFFICE Applicant's Name __________Russ Leistijco---------------------------------------------------~ Address ------------------------^--------Same as --t-----------------(Gta'tel----(Zip Code CUJ 60.C(Street) (v-it/) locate. i-xp ^ucrj> SQ.C Phone Number _______________^^8-1953-------------- RECtlPJ-lHAHS YOU Check one: _ _ _ _ Individual _ _ _ _ partnership j- - - Corporation Number of Vehicles to be used in Orono - - -2- - - - - -- - -- Description of Vehicles (attached list if more): Load6d Loaded . Year Hfar. Gross Wt. Rear Axle Wt^ Sire/Yards License Numb^ 1980 Mnck 46,000 34,000________ 10 to 40 _m0330-------------- 1990 Mnck 46,000 34,000________ 10 to 40 Yds YM79778--------------- # . • ____________ ^ General area of City served All- - - - - - - - - - - - -- - - --- - Schedule of Collection charges/ dates Varies to amount gnd tyP9 of w3Ste------------- Approximate number of customers in Orono No residential. construction_cpntainers vary Location of dumping area Hennepin Co., Dem-Con. Mcleod Cty (Sanifinj^^PyrnfiYille — IN ORDER FOR THIS APPLICATION TO BE COMPLETE, YOD MUST ENCLOSE THE FOLLOWING. surety bond in the amount of SI,000. Proof of insurance 5100,000-$300,000-$50,000, and ^ dTs^^^^O^o'" tranlfer^fee (if applicable). $30.00 flat rate fee, plus $15/truck, and a $30.00 ________________ l”ain the owner and operator of the above business and I have paid all license fees and requir^ by law. The above informati^ is correct. ............................................................................................................................................................. FOR CITY USB ONLY: After review of application, staff recommends. Approval _________ Denial _________ Other (specify) w_. / n ^ ^ O’ ^^ / 'yl.-----------------— ~ si^Srature of City Official ^ Date CITY ORONO ?.0. 3ox 66 Crystal Bay, MIJ 55323 473-7357 received may 1 ^ CITY GAPRAGE aTffiPOSE COLLE License Year Date Received Fee Paid _____Initials ^he indicated business in the City of Crono andThe undersigned wishes to operate the ind-c«^ herewith nakes application for a Business/Pim. WF-jXnNKA SAN I TAIL---------------- _ Address_________ l^r ...n Wifw DBiyC. "Ouno. j, (zip Code) (Street) ' *'■' Business Phone Number ^7?-1 *^^9^ Y.pplicant's Name . lOHN * 7lirrARfI ^ 43 wJJ A A ■\oO Aw 6 0.3 ’hone Number Iheck One: Name , ii ‘ r11- -------------------__ ^ ____ _______ __________^116 liLAi.D VicW-wPRiyg. HOUPIU. Coda ; (Stieet) ' ----------------------------------------------------------------------- y individual _ _ _ _ partnership - - - - corporation •iuaiber of Vehicles to be used in Orono ^ - lescription of Vehicles (attached list if more): Loaded I’TTV r.cwall u*i w‘MW»iw *'e a r Mfcr,Gross Wt Rear Axle Vt. icti •r^)iD 5i5).C^ Ri rwr4/f General area of City served "'CC* T/*'£T I Jt A'.^f »tw-4- VI I A WW sine /Y2 rds License ^^^0 ..I ""—-------------------------------- ■■ ” >» ■■■Lirv ’JL 75. C 75.0 :15JC>S n >pg J-£iiiPT-ThA^K YOU ■^iJ .vyi 77^ Y|! i'O/iw schedule of Collection charges/ dates Monday - frlo^ 14.25 PER MO. 1 CAN 1C.25 PER MON.?-CAN1 m ^ 19.25 PER MON 0-CAN Approximate number of curtcmers in Oror' location of dumping area Hf^LS COMPLETE, YOD MUST ENCLOSE THE FOLLOWING Surety bond in the amount or ;>i,uuO. ^ Annuli^ is a IN ORDER FOR THIS APPLICATION TO BE surety bond _in_ the^amount 3100,000-$- S30.00 flat the owner and operator of the above business and I have paid all Ixcense fees LT taLTrequired by law. The above information is oorrec. ipp^^-dcant »yr/i'cr.a'i fob CITT USE ONLY: After review of^ Approval of apolication, staff recommends: Other (specify) A V<r. sIoHature or City Of f icial .Date ClTYof O^pNO (612) 473-735? / Post Office STO3/66 SITE EVALOATOR/DESIGNER LICENSE APPLICATION Crystal Bay, MN 55323 All questions must be answered. License fee and evidence of MPCA Certification must be attached. All applications are subject to a ten (10) day approval period. 1. 2. 3. Business or trade name iJjt ILC p. •/' '* f',41 Business address ‘Si J-Zw (. ^ Business phone 1 ^ Residence phone 4.Namo of applicant or compan' representative(s) holding certification A- > h-' • ~~ r-,\ //U: J 5. Type of certification held:Site evaluator System designer. Certificate expiration I 6. Have you ever performed site evaluaticm or design work in Orono before? Most recent year _//: (/ / 1 7.Have you ever had a license revoked? Where? /v.(When? .'VTV -r I 1 U‘) UMU'MW SUBMITTALS REQUIRED I w» • -4C4- i V ? ^ Va ki/ 4 4 W*VV^ wv V4 euif 4W^«W 1. $100.00 License application feo. 2. Copy of current MPCA Certificate. L <"fi w A TL 100 . V'. fTiwuar I f I I vu f»w ‘Vw*Juv LW4 .?W>4 I VI* LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED r, f ( V w*/ 4 4 Date The undersigned hereby makes application to the City of Orono, Minnesota, for a license to perform site evaluation and septic system design subject to the laws of the State of Minnesota and the Ordinances of the City of Orono. / , ^: / 7/- V Applicant's Signature Staff recommendation Approval Reason for denial: Denial Date City Council Action Date Date license mailed Approved Denied i _________/ / CITYM OKONO (612) 473-7357 Post Office Box 66 Crystal Bay, MN 55323 SEPTI'^ SYSTEM INSTALLERS LICENSE APPLICATION crystal Bay, MN 5 License fee, bond, certificate of All auestions must be i«tion must be attached. M m ^ w mi 1./>?J ***<- ■ ss or t-ade nameBusiness or t-aae . ^S' S- - -Business address __/0 giA—^2 U Business phene 2Lb2i^J- - - Residence phone Marne of -gr'*-ification jy/OiL)iS j . hsmld* ^ installerof certification held^ - certificate expiration date Have you ever held a Orono before? .diu— ^ X_ _ Pumper 8 Have you ever had a license revoked. VJhere? __ _ _ _ _ _ _ _ _ _ _ Oo you do Municipal Sewer hook-ups? Yes DO you pump out septic tanks? Yes A When? No No X-iin CF OFOflO FU;^^CE OFFICE SUBMITTALS REQUIRED: i Ja iw-v vi/vv,-vj rruV* i cu i t rLT-ir T1 W'V' 50 ;iCL£L''T-f».yi ‘=°P5^ curren SUBMITTED ^BXCHRSES Wiix MO. SR PROCBSSHO OM.i. - ^ou to apply ermits under your iicen:>« City of Orono, The undersigned hereby makes appUcat^ron to =5^ atfo^ Minnesota, fora ” subject to the laws o. the and/or pump °“= ®®P,Htnlnces of the City of Orono.Minnesota and the Ordinances o u n -J , t! 2nd/or pump of the City of Orono Date . Applicant • s signature Staff recommendation Approval Reason for denial: --------------------- City Council Action Date Date license mailed- - -- Denial Approved _ BiTY of ORONO 52P7IC SYSTEM INSTALLERS 1 8 “^99A I.ICENSE application cnv OF OBO^^O(612) 473-7357 Post Office Box 66 Crystal Bayr MN 55323 ^ ^ ^ j fee* bond/ certificate All questions mist be certification niust be attached. All insurance, and (10) day acoroval period,applications are subject to a ten UJ; aay .. 1. 2. 3. 4. Business or trade name —o-\ v j J — Business address ^-- -y- - - - --- -—- - - -. - - - - - - - - - - ^ Residence phoneBusiness phone -- - - - - --- - - • t_ ^ *1 ^ m ^- -—- - - - - - - - - - - - - - - - - - - - - of applicant, or ==n-Pany, Holding certification d v ^ A —--------------------- 5.Type of certification held: Certificate expiration date >C Installe ~U3l Pumper 6. w ^ ^ Have you ever held a Septic System Installer license in orono before? _ Most recent year ----------- 7.Have you ever had a license revoked. Where? 8. 9.Do you pump out septic tanks? Yes When? i;;r I'/UKUNU No r X iVrrf^c w /• 7 • Lv I AW U i c:.A A.- .-•U' ■ v\ > V * ww . . f-.-tfA TL ^ i^cEiPT-TH^ygu^^ lYiAlJiL’a ;11- vJ/ AW' SlcrSr^iflc^e. ■ licenses will hot be processed 0HT1L ALL ITEMS ARE SUBMITTED List persons other than applicani^-.o^are ^^P^^horired by you to app 1 for permits under your license . ^ Date eXlU-LUO ^- - - - - - - The undersigned hereby " eVair*septic systems, Minnesota, for a license to instil ^o tS^laws of the State of Minnesota and the Ordinances of the City^ ^ / jT /// Applicant's Signature 5taff recommendation Approval Oenial CITY Reason for denial: - - -——— ^ m_ _L_ 1 Date USE ONLY - - - - - - City Council Action Date Date license mailed _ _ _ Approved Denied V c. •o 05/08/94 PR: CB PRREGOR 211 EMP « NAME DPT YTD GROSS curre: GRO.' 471689060 474563339 476921819 47194C871 475443862 472503991 469526026 475989721 463821018 472529007 468701868 507585424 507535424 469686562 468420932 469087884 474667812 475380151 477500666 475444249 477463877 471569863 473141624 476020397 471848180 504260307 472500574 121262417 475344512 480843542 470987727 477700023 334506281 473108428 468909535 476783251 470700901 469848107 475382983 473746173 473609629 470566529 469629194 475569177 267460042 472563051 474663296 ANDERSON, BRUCE L BOBZIEN, SUE A BORIS, SCOTT W BOSMA, JAMIE L BRINKHAUS, JOHN F CHESWICK, GARY B CCRNICK, JAMES L dembouski, jay C ENGLISH III, IRVING ERICKSON, KURT R FISCHENICH, DAN T FRITZLER, JOHN M FRITZLER, JOHN M SAFFRON, MICHAEL P GERHARDSON, JOHN R GOMAN, DAVID J GREGORY, JAMES D HALLIN, DOROTHY M HANSEN, STEVEN C HANGING, CAROL J HASEMAN, CAROLE JOHNSON, BRADLEY P JOSTROM, FOREST J KING, ANITA D KNOLLENBERG, KRISTIN KNUTSON, CHARLOTTE A KUEHN, THOMAS M MABUSTH, JEAN.'lE A MCINTYRE, WILLIAM E MCNICHOLS, DAVID L MILLER, CHRISTOPHER MOORSE, RONALD J MOROWCZYNSKI, JAMES OAS, DANIEL O OBERAIGNER, SCOTT G CBRIEN, RANDY L OMAN, LYLE E PALMER, GREGORY A QUAST, WAYNE A RATHBUN, BARRY J ROSS, JOHN A SCHOENHOFF, JOHN B SKREEN, DALE S STEFFENHAGEN, RONALD SULLIVAN, STEPHEN X THOMTON, MARK R TOMCHECK, LAWRENCE F 470704904 TOMCZYK, MARK W 475505292 VANG, BRUCE L 468629488 VEE, LINDA S 477881539 WECKMAN, STEPHEN J 31 17450.05 22263110493.34 1042.5312243.73 382 .: 12 5948.32 5 97. 42 16203.96 1621.: 31 17272.00 1727.: 31 18629.44 2174.: 31 17540.93 1506.C 31 17290.01 1634 31 16072.07 1611.5 31 16534.95 1706.3 31 20568.91 1544.1 31 20568.91 3794.£ 33 14821.59 1483.1 42 31770.59 2368. : 35 3224 . 05 411.1 42 13418.60 1446.5 12 12779.91 1278.9 42 12450.08 1294.6 31 5771.87 564.9 12 10707.49 1138.9 31 16845.09 1732.3 93 279.60 175.1 35 704.14 65.7. 31 560.45 282.4 15 11649.02 1146.8 15 21763.13 2177.2^ 33 10539.12 1854.8* 93 533.93 169.5 31 15515.28 1506.0. 15 544.12 544.1: 12 24118.39 2511.84 31 16331.79 1611.5: 93 630.24 227.2e 42 12811.09 1332.lt 92 12597.37 1282.OE 33 14623.17 1483.1: 42 12326.17 1279.9r 92 15740.42 1811.95 92 12926.60 1593.04 93 443.54 172.35 31 4940.78 600.6C 42 12606.69 1624.34 93 12779.95 1278.96 31 20679.12 2068.88 31 16054.82 1581.37 31 16248.84 1581.36 31 16282.14 1611.52 33 13006.75 1304.17 12 11257.76 1189.17 33 11796.25 1186.48 60,541.49 'TY OF ORONO tl, MAY 16, 1994 05/16/9410:22 PM-req: CHRIS- -- -loc:VOID, TYPED 6 REVERSED A/P OR-FINCE- -job: 1834 (JJ301S CHECK REGISTER prog: CK200 <1.07>Page 1report id: CXREG-jeck’ « ■ B at « M ■Payee ID.Payee Name■*■■“** = ***■*»"*** = « = «* = »***■■«•Date■tBSKSXSSa Clieck Amount Type Subs Rel To Note1027463TlOlGOLDEN VALLEY COUNTRY CLUB 03/01/94 20.00 HW TR Hand Writteni027461628POPHAM HAIK & ASSOC 03/02/94 4,472.92 MW TR Hand Written\i 027465 842 WAYZATA.CITY OF 03/02/94 13.50 MW TR Hand WrittenA027466467MED CTR HEALTH CARE 03/04/94 1,515.87 HW TR Hand Written \l 027467 562 NSP 03/07/94 459.43 HW TR Hand Written R 027469 443 LUNDS 03/14/94 40.74 MW TR Hand Written R 027470 240 FRITZLER J MARK 03/15/94 50.00 HW TR Hand Written R 027471 1150 CITY OF VICTORIA 03/15/94 125.00 HW TR Hand Written R 027472 629 POSTMASTER 03/16/94 218.50 HW TR Hand Written R 027473 629 POSTMASTER 03/16/94 900.00 MW TR Hand Written R 027474 1041 FIRST NATIONAL BANK OF LAKES 03/16/94 156.54 liW TR Hand Written *R 027475 T263 MEMA TREASURER 03/17/94 50.00 HW TR Hand Written •R 027476 1042 MINNESOTA DEPT OF REVENUE 03/17/94 35.00 MW TR Hand Written iR 027477 T257 MN DEPUTY REGISTAR 03/17/94 36.00 flW TR Hand Written iR 027479 423 LEAGUE OF MN CITIES 03/22/94 50.00 HW TR Hand Written >R 027480 T197 MN-S.C.I.A./LYDIA WOOD 03/25/94 90.00 MW TR Hand Written »R 027481 703 SPAULDING 03/25/94 450.30 HW TR Hand Written )R 027482 582 OMAN/LYLE 03/29/94 33.04 HW TR Hand Written )R 027483 742 STRGAR ROSCOE FAUSCH 03/31/94 1,353.64 HW TR Hand Written )R 027484 740 STREICHKRS 03/31/94 38.13 MW TR Hand Written *i‘mB 0«;/lfi/9-l VOID, TYPED REVERSED A/P CHECK REGISTERSr . . .ICC, o,-r;,^-..,o.. ..>o.s. . . .prc, CK.oo Pag» 3report ids CKRECJ**-Check Payee ID.mmtsmmwmnm »»■««••••»■Payep Nam^«**»»*««***»•**«» = *“■*“******“■*GRAMD TOTALS:Total Void Marliine Written To.al Void Hand Written Total Machine Written Total Hand Written Total Reversals Total Cancelled Checks Date Check Amount Type Subs Rel To Note0.00 Number of checks Processed:00.00 Number of Checks Processed:0 0.00 Number of Checks Processed:0 10,108.61 Number of Checks Processed:20 0.00 Number of Checks Processed: 0.00 Number of Checks Processed:0 :OUNCIL CHECK REGISTER Thu May 12 1991 00:52:30HECK NO CHECK DATE CHECK AMOUNT VENDOR1994/05/11 DESCRIPTION ACCOUNT H 9999-2030 INVOICE 00094 3 PO NUM.Page 1 MANUAL IP030567030566 030569 030570 030571 030572 1994/05/111994/05/11 1994/05/11 1994/05/11 1994/05/11 I $5,427.00 $5,427.00*$95.79$95.79‘$64.40 $64.40‘ 10,420.55 10,420.55* $2,965.02 $2,965 02* $41,429.74 $41,429.74* CITY COUNTY CREDIT UNI W/l! it TRANSFERRED COLONIAL LIFE INS INS W/HCOMMERCIAL LIFE INS INS W/H FIRST NATIONAL BANK OF W/H FED MEDCR EICA FIRST NATIONAL BANK OF CITYSHARE FICA/MEDCR FIRST NATIONAL BANK OK NET PAYROLL TRANSFER 9999 2030 99992030 9999-2030 9999-2032 9999-2030 000933000937 000944 000929 000946 IPIP IP IP IP 030573 1994/05/11 $1,274.00 $1,274.00* GREAT WEST LIFE ASSUKA DBF COMP W/H 9399-2030 00093B IP 030574 1994/05/11 $146.50 $146.50* HENNEPIN COUNTY SUPPOR MARK THOMTON 8266780 9999-2030 000942 IP 030575 1994/05/11 $174.50 $174.50* HENNEPIN COUNTY SUPPOR DALE .SKREEN ttC026231 9Q09 2030 000941 IP 030576 1994/05/11 $50.00 $50.00* ICMA RETIREMENT TRUST-W/H DEE COMP 9999-2030 000945 IP 030577 1994/05/11 $5.09 $5.09* MINNESOTA BENEFIT INS W/H 9999-2030 000934 IP 030578 1994/05/11 $3,103.50 $3,183.50* MINNESOTA DEPT OF REVE STATE TAX W/H 9999-2030 000930 IP 030579 1994/05/11 $100.00 $100.00* MN STATE RETIREMENT-DE W/H DEF COMP 9999-2030 000940 IP 030580 1994/05/11 $1,313.46 $1,313.46* PEBSCO/US CONF OF MAYO W/H DEF COMP 9999-2030 000935 IP 030581 1994/05/11 $54.00 $54.00* PERA LIFE INS INS W/H ^999-2030 000331 IP 030582 1994/05/11 $3,577.59 $3,577.59* PERA PERA 'H 9999-2030 000936 IP 030583 1994/05/11 $18.00 $18.00* UNITED WAY CHARITY W/H 9999-2030 000932 IP 'fmOUNCIL CHECK SUMMARY Thu M.iy 12 1991 00 S2:31UNO tt 999 PAYROLL CLEARING $70,431,8f. $70,131.86 Pag* i COUNCIL CHECK REGISTER Wed Mny 10 CHECK NO CHECK DATE CHECK AMOUNT 1994/05/23. . . . . . ..1994/05/231994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/0./23 1994/05/23 1994/05/23 1994/05/23 030596 1994/05/23 1994/05/23 1994/05/23 1994/05/23 030597 1994/05/23 1994/05/23 030598 030599 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 $19.55$19.55*$13.00 $18.00*$10.25$18.25* $50.00 $114.02 $164.02* $149.00 $149.00* $1,150.00 $1,150.00* $51.02 $51.03 $102.05* $42.70 $42.70* $130.52 $!!•'.89 $130.52 $130.52 $509.45* $50.50 $161.57 $212.07* $360.20 $2,903.85 $617.52 $498.00 $976.50 $1,630.62 $200.00 $1,792.50 $0,979.19* $19.12 $19.12* $18.05 1994 23:41:54VENDOR A T «, T Paqe 1A-1 MINNETONKA RENT AIRSIGNAL INC ALL STAR ELECTRIC ALL STAR ELECTRIC ASPI.UND COEEEE ASPEUNO COFFEE biffs INC BIFFS INC BIFFS INC BIFFS INC BLACKOWIAK & SONS BLACKOWIAK 6 SONS BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO ROSENE ROSENE ROSENE ROSENE ROSENE ROSENE ROSENE ROSENE ASM ASN ASN ASN ASN ASN ASN ASN BORIS.SCOTT BUDGET PRINTING HIPTION PO NUM MANDATLEASE FOR 4/22 - 7/2 0129-4320 001562 OHPOWER DRILL 0540-4232 9761 OHMONTHLY SERVICE 0249-4320 8777202 OH CONNECT LIGHTS IN PO CHECK DOOR CONTROL P 0129-4343 0129-4343 9367-24 9267-23 OH OH FLOATS FOR LIFT STAT 0569-4344 73147 OH NEWSLETTER 0039-4322 1665 OH COFFEE & FILTER COFFEE & FILTER 0174-4382 0039-4302 68482 68402 OH OH repair PRINTMASTER 0069-4352 82906 OH MAY SERVICE APRIL {. MAY SERVICE MAY SERVICE MAY SERVICE 0290-4331 0590-4331 0290-4331 0290-4331 24884 24885 24802 24883 OH OH OH OH APRIL TRASH HAULING APRIL TRASH HAULING 0. 0-4343 0099-4343 135980 135926 OH OH STUBS'S BAY PROJECT ASSIST WITH ESTIMATE MSA NEEDS & TRAFFIC HWY 12 STUDY ENG. CONSULTING ENG CONSULTING ENG RETAINER-AUG review sewer PLANS 0408-4305 0355-4306 0249-4305 0350-4305 0200-4305 0840-4305 0200-4304 0549-4305 028719 028720 028718 020717 020717 028717 028717 028717 OH OH OH OH OH OH OH OH MEALS REIMBURSEMENT 0129-4356 001580 OH DANK STAMP 0069-4210 42945 OH COTJNCIL (CilECK REGISTER Wed May 18 1994 23t41:54 Page 2CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT •INVOICE PO NUM.MANUAL030600$18.05*030601 1994/05/23 $250.00 $250.00*BUREAU OF ALCOHOL-TORA BEER TAX JULY 94-JUN 0590-4383 001586 .*OH 030602 1994/05/23 $2,500.00 $2,500.00* BURLINGTON NORTHERN RA EASEMENT FOR OLD CRY 0355-4512 001600 OH 030603 1994/05/23 $46.60 $46.60* CANDLELIGHT FLORAL BLOOMING PLANT-EILEE 0039-4399 001579 OH 030604 1994/05/23 1994/05/23 $330.62 $98.46 $429.08* CHUNKS GARAGE CHUNKS GARAGE REPAIRS ON l»166 REPLACE LIGHT SWITCH 0129-4341 0129-4341 44292 4483 OH OH 030605 1994/05/23 $61.42 $61 .42* CITYVIEW PLMBG k HTG REPAIR URINAL 0570-4343 16087 OH 030606 1994/05/23 $477.59 $477.59* COLONIAL LIFE INS CO LIFE INSURANCE-MAY 0129-4152 001597 Oil 030607 1994/05/23 1994/05/23 $539.19 $189.87 $729.06* COPY UUP PR INC COPY UUP PR INC TONER COPY MACHINE 0129-4210 0129-4210 1922205 1918261 oH OH 030608 1994/05/23 $130.52 $130.52* CYS UNIFORMS POLICE UNIFORM 0129-4221 6416 OH 030609 1994/05/23 1994/05/23 $360.00 $150.00 $510.00* DEPT OF PUBLIC SAFETY- DEPT OF PUBLIC SAFETY- OPERATION CHARGES CONNECTION CHARGES 0129-4340 0129-4340 94Q1213 94Q1212 OH OH 030610 1994/05/23 $250.00 $250.00* DICKS AUTO DETAIL DETAILING FOR #160 &0129-4341 10275 OH 030611 1994/05/23 $10.00 filO.OO* DP(' INDUSTRIES. INC PURCHASE OF CYLINDER 0249-4233 D01036925 OH 030612 1994/05/23 $149.00 $149.00* E.A.H. SCHMIDT f. ASSOC CHECK CONTROL SYSTEM 0099-4343 16762 OH 030613 1994/05/23 $80.12 $80.12* EARL K A!JUERSON AS SC STREET SIGN PLATES 0249-4233 132364 OH 030614 1994/05/23 $66.03 $66.03* ESS BROTHERS U SONS MANHOLE REPLACEMENT 0249-4233 8732 OH 1994/05/23 $369.77 FAST GUVSS INC FIX WINDSHIELD #165 0129-4341 1120497 OH COUNCIL CHECK REGISTER Wf»<l May 10 1991 CHECK NO CHECK DATE CHECK AMOUNT 1994/0S/23030616 030617 030618 030619 030620 030621 030622 030623 030624 030625 1994/05/231994/05/231994/05/231994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 $25 00 $25.00*$15.10 $2.56 $2.56 $45.00 $2.56 $66.83 $38.02 $38.02 $132.49 $16.11 $15.10 $64.60 $45.80 $38.02 $38.02 $561.59* $64.13 $149.62 $213.75* $582.00 $1,480.26 $291.00 $158.13 $2,511.39* $71.24 $71.24* $30.00 $30.00* $2.10 $2.10* $0.96 $8.96* $20.70 $20.70* $69.41 $69.41* $30.62 $6.20 23 :41;54 VENDORFEED RITE CONTROLS Page 3DE.5CRIPT10N CHARGES FOR 5 CYLINDG «, K SERVICES G S, K SERVICES G Sr K SERVICES G Sr K SERVICES G S. K SERVICES G & K SERVICES G Sr K SERVICES G Sr K SERVICES G & K SERVICES G S, K SERVICES G Sr K SERVICES G S. K SERVICES G S. K SERVICES G S, K SERVICES G Sr K SERVICES GOPHER STATE ONECAI.l, GOPHER STATE ONECAI.l. GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC HACH CHEMICAL CO HANS«^N, STEVEN HAPPYS POTATO CHIP HASEMAN, CAROLE CLOTHING CLOTH!NG PANTS CLOTHING CLOTHING FLOOR MATS FLOOR MATS FLOOR MATS FLOOR MATS CLOTHING CLOTHING CLOTHING CLOTHING FLOOR MATS FLOOR MATS APRIL SERVICE CHARGE APRIL SERVICE CHARGE HEALTH INS. JUNE HEALTH INS. JUNE HEALTH INS. JUNE HEALTH INS. JUNE PH TESTER S, THERMOME WATER SUPPLY SYSTEM FOOD ITEMS FOR GOLF MILEAGE REIMBUt.SEMEN HENNEPIN COUNTY TREE D TREE DISPOSAL JOHNSON/BRADLEY KUEHN, THOMAS KUEHN, THOMAS EXPENSE REIMBURSEMEN MILEAGE REIMBURSEMEN MILEAGE REIMBURSEMEN ACCOUNT PO NUM. MANUAL0549-4345 15754 OH0569-42210590-42210590-42210249-4221 0590-4221 0129-4343 0099-4343 0099-4343 0249-4221 0569-4221 0549-4221 0249-4221 0569-4221 0099-4343 0099-4343 206967203356206965 199733 199731 199732 199729 199730 206964 199734 203350 203357 206966 214223 214224 OHOHOH OH OH Oh OH OH OH OH OH OH OH OH OH 0549-4306 0569-4306 4040524 4040524 OHor 0249-4151 0129-4151 0590-4151 0174-4151 2265872 2265872 2265872 2265072 OH OH OH OH 0549-4232 567615 OH 0549-4380 001580 OH 0591-4002 146071 OH 0039-4381 001504 OH 0249-4391 132794 OH 0129-4356 001505 OH 0069-4301 0569-4381 C01603 001603 OH OH COUNCIL CHECK REGISTER Wed May 10 199-J 23:41:5-1 Page 4CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT t INVOICE PO HUM.03D626 $6.20 $51.10*KURIIN, THOMAS MILEAGE REIMBURSEMEN 0174-4381 001603 OH0306271994/05/23 $24,500.20$24,500.20*LAND CARE EQUIPMENT CO FAIRWAY MOWER 0591-4550 12732 OH0306281994/05/23 $30.00$30.00*LEAGUE OF MN CITIES SUBSCRIPTION TO BULL 0039-4240 12730 OH 030629 '1994/05/23 $1,577.46 $1,577.46* MARTINS NAVARRE 66 APRIL CHARGES 0129-4341 001591 OH 030630 1994/05/23 1994/05/23 $25.00 $25.00 $50.00* MCFOA MCFOA MCFOA MEMBERSHIP MCFOA MEMBERSHIP 0040-4380 0040-4380 001590 001598 OH OH 030631 1994/05/23 1994/05/23 1994/05/23 1994/05/23 $502.03 $160.71 $321.42 $451.71 $1,515.07* MED CTR HEALTH CARE MED '"TR HEALTH CARE MED CTR HEALTH CARE MED CTR HEALTH CARE HEALTH INS. JUNE HEALTH INS. JUNE HEALTH INS. JUNE HEALTH INS. JUNE 0174-4151 0069-4151 0129-4151 0249-4151 1198386 1198386 1198386 1198386 OH OH OH OH 030632 1994/05/23 $69.02 $69.02* MIDWEST ASPHALT ASPHALT 0249-4233 14692 OH 030633 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 $36.07 $19.10 $19.11 $22.00 $66.18 $104.06* MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MISC. OFFICE SUPPLIE MISC. OFFICE SUPPLIE MISC. OFFICE SUPPLIE MISC. OFFICE SUPPLIE MISC. OFFICE SUPPLIE 0039-4210 0174-4210 0069-4210 0249-4210 0129-4210 797242 797242 797242 797242 797242 OH OH OH OH OH 030634 1994/05/23 $36.22 $36.22* MINN COMM MONTHLY SERVICE-PAGE 0249-4320 70660005946 OH 030635 1994/05/23 $13.50 $13.50* MINNEAPOLIS OXYGEN COM OXYGEN CYLINDERS 0129-4331 RI04940843 OH 030636 1994/05/23 $31.50 $31.50* MINNEAPOLIS OXYGEN COM PURCHASE COMPRESSED 0249-4233 RI04940842 OH 030637 1994/05/23 $065.00 $065.00* MINNESOTA DEPT OF REVE WATER CONN. FEE QTR 9672-2222 001602 OH 030638 1994/05/23 $191.91 $191.91* MN POL RECRNMT SYS LEGAL EXPENSES-MPRS 0129-4302 001601 OH 030639 1994/05/23 $167.52 $167.52* MORAN,MARK EXPENSES FOR FORMER 0129-4306 001599 OH COUNCIL CHECK REGISTER Wed M,iy 18 19'»» 23:41:54CHECK NO 030640 030641 CHECK DATE 1994/05/23 Page 5 »CHECK AMOUNT 030642 030643 030644 030645 030646 030647 030648 030649 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 $43.99 $43.99*$170.66$170.66* $127.80 $23.43 $208.67 $359.90* $9.46 $7.06 $56.90 $155.98 $48.50 $122.67 $24.98 $8.50 $434.05* $3.14 $7.46 $720.55 $86.07 $97.62 $914.84* $24.00 $24.00* $82.00 $82.00* $1,669.69 $737.77 $2,407.46* $120.78 $40.04 $30.80 $13.86 $58.52 $28.60 $292.60* $1,180.42 $4,095.47 $5,275.89* VENDORMOROWCZYNSKI/JAMES DESCRIPTION REIMBURSEMENT FOR SHMOTOROI7V INC MTI DIST CO MTl DIST CO MTI DIST CO INSTALL PHONE IN TRU STD BALL WASHER FLAGS & ROPE MOWER REPAIR NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NSP NSP NSP NOP NSP PERA INS HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS Sr SUPPLIES 5, SUPPLIES 6. SUPPLIES Sr SUPPLIES S. SUPPLIES Sr SUPPLIES Sr SUPPLIES Sr SUPPLIES NSP COSTS NSP COSTS NSP COSTS NSP COSTS NSP COSTS LIFE INSURANCE JUNE PERRYS TRUCK REPAIR TOWING PINNACLE ENVIRONMENTAL HEALTH Sr SAFETY PROG PINNACLE ENVIRONMENTAL HEALTH Sr SAFETY PRO PIONEER PIONEER PIONEER PIONEER PIONEER PIONEER POPHAM HAIK Sr ASSOC POPHAM HAIK S, ASSOC AD FOR BIDS AD FOR BIDS AD FOR ORDINANCE #12 AD FOR PUBLIC HEARIN AD FOR LAND USE APPL AD FOR BIDS LEGAL RETAINER-MARCH LEGAL CONSULTING-MAR ACCOUNT #INVOICE PO NUM.MANUAL0129-4221 001501 OH0174-4320 W2813759 OH 0591-4232 412473 OH0590-4232 414570 OH0590-4232 414696 OH 0549-4210 001592 OH0290-4232 001592.OH0569-4232 C01592 OH0249-4232 001592 OH0099-4232 001592 OH0590-4231 001592 OH 0549-4234 001592 OH0549-4210 001592 OH 0175-4324 001593 OH0290-4324 001593 Oil0569-4324 001593 Oil0590-4324 001593 OH0249-4324 001593 OH 0129-4152 001596 OH 0129-4342 4262T OH 9001-3790 388 OH0249-4356 388 OH 0355-4323 1044 OH0039-4322 1194 OH0039-4322 1200 Oil0174-4322 102 OH017^-4322 101 OH0039-4322 1093 OH 0080-4301 396010 OH0040-4303 396010 OH COWCIL CHECK REGISTER Wed Mav 18 1994 23:41:54 Page 6CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT «INVOICE PC NUM.MANUAL0306501994/05/231994/05/231994/05/23 $25.92$21.00$19.53$66.45*PRO TIRE & EXHAUST PRO TIRE EXHAUST PRO TIRE fir EXHAUST OIL CHANGE SERVICE FOR »165 OIL CHANGE H170 0129-43410129-43410129-4341 197319702021 •OHOHOK 030651 1994/05/23 $4,607.29 $4,607.29* PUBLIC EMPL RET ASSN PERA 4/25 TO 5/0/94 9999-2031 001595 OH 030652 1994/05/23 $3.47 $3.47* PUMP & METER SERVICES CREDIT CARD FOR SQUA 0129-4399 06507 OH 030653 1994/05/23 $64.20 $64.20* REED VENDING CANDY/ROLLS 0591-4002 11480 OH 030654 1994/05/23 $50.26 $50.26* RICKS SUPERVALU FOOD ITEMS FOR RE-SA 0591-4002 001589 OH 030655 1994/05/23 1994/05/23 $30.19 $12.43 $42.62* RITZ CAMERA RITZ CAMERA FILM PROCESSING FILM PROCESSING 0129-4210 0129-4210 3769407 3760963 OH OH 030656 1994/05/23 $6,115.25 $6,115.25* ROf.F E ERICKSON JUNE '‘M ASSESSING F 00S9-4307 001507 OH 030657 1994/05/23 $333.59 $333.59* RYAia FORD ENGINE WORK H1C6 0129-4341 58958 OH 030658 1994/05/23 $11.52 $11.52* ST PAUL BOOK & STATION HANDLE FOR PAPER TRI 0129-4210 16133172 OH 030659 1994/05/23 $105.94 $105.94* ST PAUL PIONEER PRESS AD FOR GOLF COURSE 0590-4322 53440 OH 030660 1994/05/23 1994/05/23 $69.01 $32.12 $101.13* SIREICHERS STREICHERS LIGHT BULBS FOR LIGH EOUIPMENT FOR SQUAD 0129-4341 0129-4341 05722.1 05018.1 OH OH 030661 1994/05/23 $4,943.40 $4,943.40* T.L. STEVENS EQUIPMENT FOR GOLF C 0591-4232 153 OH 030662 1994/05/23 $5.41 $5.41* TllOMTON, MARK MEALS REIMBURSEMENT 0129-4356 001503 OH 030663 1994/05/23 $591.45 $591.45* TREADWAY GRAPHICS CLOTHING 0B40-4243 23972 OH 030664 1994/05/23 $52.05 $52.05* ULTIMATE AWARDS PLAQUE 0129-4399 4532 OH 1994/05/23 $317.02 UNIFORMS UNLIMITED CLOTHING 0129-4221 445434 OH •w«..COUNCIL CHECK REGISTER Wed May 10 ISDn 23:41:54 Page 7CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT II INVOICE PO NUM*MANUAL 030665 1994/05/231994/05/231994/05/231994/05/23 $37.81 $200.90 $181.30 $154.71 $891.74* UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFORMS UNLIMITED GLOVES & HANDCUFF CA EQUIPMENT FOR POLICE JACKETCLOTHING U SHOES 0129-42210129-42210129-42210129-4221 444894445710445422444892 ••OHOHOHOH 030666 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 1994/05/23 $63.88 $26.63 $17.75 $44.37 $50.72 $44.37 $44.38 $292.10* L3 WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST "JMMUM US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS 0549-4320 0569-4355 0549-4355 0174-4355 0549-4320 0129-4355 0069-4355 001594 001594 001594 001594 001594 001594 001594 OH OH OH OH OH OH OH 030667 1994/05/23 $141.05 $141.05* VESSCO INC MAINTENANCE KIT 0549-4345 5779 OH 030668 1994/05/23 $88.55 $88.55* WARNING LITES OF MN BARRICADES WITH LIGH 0249-4331 56423 OH 030669 1994/05/23 $909.17 $909.17* WATERPRO REPAIR SLEEVES ^ PUR 0569-4343 564305 OH 030670 1994/05/23 $103.06 $103.06* WILLIAMS CLOTHING BOOTS 0129-4221 4416 OH $80,024 .11 Page 1COUNCIL CHECK SUMMARY W5d May 18 1994 23:42:02FUNDn001GENERAL FUND $32,488.29FUNDH423MUN ST AID CO/FD $6,022.63FUNDn42692 STUBBS SWR FD $360.20FUND»672 WTR OPERATING FD $3,179.31FUND#673 SWR OPERATING FD $2,095.16FUNDn674G/C OPERATING FD $31,191.23 FUND «999 PAYROLL CLEARING $4,687.29 $80,024.11 PERMITS ISSUED/FEES OOLLBCTED APRIL 1994REPORT NBR. BPRMTISS-1 DATE OF RUN 05/12/94PERMIT TYPEBuilding SQL FAMILY-NEW SF-ADD/REMODEL SF-ACC STRUCTURE DEMO/PRINCIPAL COM-ADD/REMODEL INST-ADD/REMODEL INST-LAND ALT QTY718 2 1 2 1 0 ***** PERMIT ISSUED REPORT CITY OF ORONO-- CURRENT RANGE - 04/01/94 - 04/30/.tBASE FEE8,2302,-20 3iS7 80 270 83 0 0050 00 00 00 00 00 VALUATION1,775,400.00 190,000.00 3b,000.00 0.00 23,800.00 3,500.00 0.00 PLAN REVIEW5,3491,035 230 0 0 40 0 5378 55 00 00 95 00 QTY124 4 2 0 0 1 PAGE: 1REQUESTER: CAROLE-- PREVIOUS RANGE - 04/01/93 - 04/30/93BASE FEE7795,108 235 100 0 0 0 5000 00 00 00 00 00 VALUATION140,000.00 689,390.00 17,900.00 0.00 0.00 0.00 0DEMO-ACCESSORY 0 0.00 0.00 0.00 2 60.00 0.00ACC/GARAGES 2 180.00 12,800.00 81.90 0 0.00 0.00Sub-total 33^11,310.50*2,041,500.00*6,746.71*34*6,202.50*047,290.00* Mechanical HEATING SYSTEMS 6 552.42 41,366.00 0.00 2 312.50 25,000.00 AIR CONDITIONING 2 70.00 4,495.00 0.00 5 200.75 20,955.00 WOOD STOVE/FLUE 1 35.00 2,600.00 0.00 0 0.00 0.00 FIREPLACE 4 332.50 23,500.00 0.00 5 169.95 8,000.00FUEL STORAGE 1 35.00 2,000.00 0.00 0 0.00 0.00GAS LINE INSPECT 0 0.00 0.00 0.00 1 30.00 300.00Sub-total 14*1,024.92*73,961.00*0.00*13*801.20*54,255.00* Plumbing FIXTURES 11 1,267.14 91,670.00 0.00 9 653.01 45,491.00 WATER METER 0 0.00 0.00 0.00 1 235.00 0.00REPLACE METER 0 0.00 0.00 0.00 1 0.00 0.00Sub-total 11*1,267.14*91,670.00*0.00*11*008.01*45,491.00* Sewer U Water SEWER CONNECTION 0 0.00 0.00 0.00 7 245.00 0.00 SAC ONLY 0 0.00 0.00 0.00 9 6,750.00 • 0.00 SEWER & WATER 0 0.00 0.00 0.00 1 70.00 0.00 Sub-total 0*0.00*0.00*0.00*17*7,065.00*0.00* Sign PERMANENT/POSTED 1 35.00 0.00 0.00 0 0.00 0.00 Sub-total 1*35.00*0.00*0.00*0*0.00*0.00* User Defined LAND ALTERATION 1 50.00 0.00 0.00 1 50.00 0.00 Sub-total 1*50.00*0.00*0.00*1*50.00*0.00* Grand-total 60**13,687.56**2,207,131.00**6,746.71**76**15,006.71**947,036.00** PLAN REVIEW506.682,017.94 143.00 0.00 0.00 0.00 0.00 0.00 0.00 2,667.62* 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00* 0.00 0.00* 0.00 0.00* 2,667.62** PERMITS ISSUED/FEES COU£CTED APRIL 1994REPORT NBR. BFEERPTl-1 OATE OF RUN 05/03/94 BUILDINGBASE FEB PLAN REVIEW SURCHARGE Lie. SEARCH FEB SAC INVESTIGATION DEPOSIT NAIL IN PERMIT TOTAL 11,310.506,746.71 1,021.25 0.00 800.00 0.00 0.00 19,078.46 REPORT NBR. BFBERPTl-1 DATE OF RUN 05/03/94 REPORT TOTAL BASE FEE PLAN REVIEW SURCHARGE Lie. SEARCH FEE SAC INVESTIGATION DEPOSIT MAIL IN PERMIT TOTAL 13,687.56 6,746.71 1,104.69 0.00 800.00 0.00 0.00 18.00 22,356.96 ** PERMIT FEE CITY OF FROM 04/01/94 REPORT ORONOTO 04/30/94* * * * *MECHANICAL PLUMBING SEWER k WATER1,024.920.00 36.99 0.00 0.00 0.00 0.00 12.00 1,073.91 1,267.140.00 46.45 0.00 0.00 0.00 0.00 6.00 1,319.59 0.000.00 0.00 0.00 0.00 0.00 0.00 0.00 ** PERMIT FEE REPORT CITY OF ORONO FROM 04/01/94 TO 04/30/94 * * * * * PAGE: 25REQUESTER: CAROLEUSERSIGNFIRE50.000.00 0.00 0.00 0.00 0.00 0.00 35.000.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 50.00 35.00 0.00 PAGE: 26 REQUESTER: CAROLE TUB, MAY 3, 1994, 11:40 AMPERMITS ISSUED FOR THE MONTH OF APRILPERMIT WORK ADDR NBR STREET 1994ISSUED PERMIT NBR ID NUMBERBL011485GREEN TREES RD 94/04/06 OR-005986 14499448014545WATERTOWN RD 94/04/04 OR-005987 16703130014030ELM ST 94/04/29 OR-005991 1470663901255LANDMARK DR 94/04/07 OR-005992 14700671011050COX FARM RD 94/04/11 OR-005999 00000000011200PHILLIPS DR 94/04/13 OR-006009 0000000001170WEAR LA N 94/04/20 OR-006026 0000000004145CYGNET PL 94/04/19 OR-005990 14274565051290LYMAN AVE 94/04/28 OR-006033 1475091806745ORCHARD PK RD 94/04/12 OR-006C07 14724721062240FOX ST 94/04/13 OR-C06013 00000000091000OLD CRYSTAL BAY RD S 94/04/01 OR-005985 14476084102377SHADYWOOD RD 94/04/08 OR-006002 147938381065STUBBS BAY RD N 94/04/22 OR-006031 14710b4u113348BAYSIDE RD 94/04/11 OR-006005 15531918112160WAYZATA BLVD 94/04/12 OR-006006 14738080 11 3210 NAVARRE LA 94/04/13 OR-006014 00000000 11 2160 WAYZATA BLVD 94/04/14 OR-006015 14738080 11 2900 WATERTOWN RD 94/04/14 OR-006017 13971644 11 4381 NORTH SHORE DR 94/04/15 OR-006020 00000000 11 1271 ARBOR ST 94/04/18 OR-006021 00000000 11 680 NORTH ARM DR 94/04/29 OR-006044 17579184 16 4030 ELM ST 94/04/07 OR-006001 00000000 20 850 WAYZATA BLVD 94/04/08 OR-005555 128C5359 24 1720 BOHNS PT RD 94/04/98 OR-005998 00000000 29 1185 ARBOR ST 94/04/04 OR-OOS977 15330352 29 580 NORTH ARM DR >1 /O4/01 OR-005988 12489660 29 1035 TONKAWA RD 9 i/ o4 /08 OR-005997 18840284 29 3020 NORTH SHORE DR 94/04/13 OR-00C008 14732588 29 2825 CASCO POINT RD 94/04/18 OR-006011 15368000 29 1270 FRENCH CREEK DR 94/04/22 OR-006012 15330352 29 3650 CASCO AVE 94/04/26 OR-006039 15330352 33C 31 33C 950 NORTH ARM DR 94/04/07 OR-005996 00000000 ME 01 115 SMITH AVE 94/04/01 OR-005989 00000000 01 550 LONG LAKE RD E 94/04/18 OR-006022 35331328 01 560 SUSSEX CIR 94/04/26 CR-006034 37846100 01 1960 WEST FARM RD 94/04/26 OR-006036 39414211 01 1485 GREEN TREES RD 94/04/26 OR-006030 39296767 02 1540 FOX ST 94/04/04 OR-005994 34789550 02 3231 CASCO POINT RD 94/04/07 OR-006000 35595900 02 1135 SPRING HILL RD 94/04/21 OR-006028 30666039 02 865 PARTENWOOD RD 94/04/26 OR-006035 30940005 20 3880 SHORELINE DR 94/04/19 OR-006027 39417010 24 400 WILLOW DR S 94/04/13 OR-006010 34229901 24 2485 DUNWOODY AVE 94/04/26 OR-006037 34792000 24 1895 CONCORDIA ST 94/04/27 OR-006041 35370491 14C 29 14C 1210 LOMA LINDA AVE 94/04/26 OR-006040 00000000 PL 01 550 LONG LAKE RD E 94/04/14 OR-006019 27044792 01 2011 SUGARWOOD DR 94/04/27 OR-006042 25334357 01 1270 FRENCH CREEK DR 94/04/28 OR-006043 27864007 PAGE 1STREETER & ASSOCIATES INC HIGHVIEW HOMES, INC ROBERT CRAIG HOMES TERRY HOGT HOMES INCPROFESSIONAL GARAGE SER BRUCE BREN HOMES RVC HOMESDESIGNER POOLSGRAVELLE, STEPHENNORSE EXTERIORSFIRST CHANCE EXTERIORS INCDALBER ROOFING DALBER ROOFING JONCO CONSTRUCTION METRO EXTERIORS INC CUSTOM DIMENSIONS OF MN SAWHORSE GARY HOEHN BUILDERS MIKKELSON DIRK LAKEWOOD DEVELOPMENT EMPANGER MARK SAWHORSE SAWHORSE E E MASONRY INC SUBURBAN AIR CONDITIONING KLEVE HTG & AC VOGT FRED k CO DITTER INC MIDWEST FIREPLACE CO HAFNER NELSON MASONRY INC BURNSVILLE HEATING CO METROPOLITAN MECHANICAL CO KENCO CONST LAKE-AIR HTG SUPERIOR CONTR INC HOKANSON PLUMBING INC PLYMOUTH PLUMBING SCHULTIES PLBG OWNER LAST NM VALUATIONVERGEYLE525,000.00KURTH180,000.00ROSCOE200,000.00CASEY230,000.00TATRO215,400.00PRAUS225,000.00BERKEY200,000.00JONES10,400.00STANKOVSKY17,500.00ANDERSON3,000.00JOHNSON2,000.00MELAMED32,500.00DITTRICH4,500.00KROEGER2,400.00HEHL2,500.00WEAR13,000.00 GINKEL 1,500.00 WEAR 10,800.00 GUIMOND 3,500.00 SCHOENING 1,400.00 CUTSHALL 3,000.00 BLACK 5,500.00 ROSCOE .00 3,500.00 ANDERSON 2,700.00 CARLSON 10,100.00 JOHNSON 25,000.00 KRUHOEFFER 7,300.00 SWENSON 20,000.00 YORKS 6,000.00 MCGUIRE 15,000.00 SMITH 59,500.00 OLSON 3,500.00 HERTZENERG 1,500.00 TAYLOR 16,000.00 WHITMAS 14,000.00 3,000.00 VERGEYLE 17,000.00 NOLAN 1,271.00 1,000.00 SPENCER 5.000. 00 1,995.00 2.000. 00 NELSON 2,600.00 HICKEY 4,595.00 BERGGREN 1,500.00 UDELL 2,500.00 TAYLOR 53,550.00 18,000.00 MC GUIRE 700.00 1 •15•S ••; •1 • 1 •• 1 • I ••• 1 1 •• •3 • •i 2 1 1 •2 ! V j]2 ••2 • ••i »rUE, MAY 3, 1994, 11:39 AM^lUMERICAL LISTING APRIL 1994PERMIT NBR ISSUED C/vNCEL ADDR NBR STREET PAGE 1WORK ID NUMBER COMPANY OWNER LAST NM VALUATION3,500.00CARLSON10,100.00MELAMED• 32,500.00VERGEYLE525,000.00KURTH180,000.00JOHNSON25,000.00HERTZENERG1,500.00JONES10,400.00 ROSCOE 200,000.00 CASEY 230,000.00 NOLAN 1,271.00 ANDERSON 5,330.00 OLSON 3,500.00 KRUHOEFFER 7,300.00 ANDERSON 2,700.00 TATRO 215,400.00 1,000.00 ROSCOE .00 DITTRICH 4,500.00 RATZLOFF 1,000.00 GREENE 3,700.00 HEHL 2,500.00 WEAR 13,000.00 ANDERSON 3,000.00 SWENSON 20,000.00 PRAUS 225,000.00 NELSON 2,600.00 YORKS 6,000.00 MCGUIRE 15,000.00 JOHNSON 2,000.00 GINKEL 1,500.00 WEAR 10,800.00 GUIMOND 3,500.00 ASMUSSEN 600.00 TAYLOR 53,550.00 SCHOENIKG 1,400.00 CUTSHALL 3,000.00 TAYLOR 16,000.00 1,800.00 JONES 500.00 JOHNSON 3,990.00 BERKEY 200,000.00 2,000.00 SPENCER 5,000.00 GASNER .00 CRESSY .00 KROEGER 2,400.00 MABUSTH 2,500.00 STANKOVSKY 17,500.00 WHITMAS 14,000.00 1,995.00 3,000.00 HICKEY 4,595.00 VERGEYLE 17,000.00 3R-005555lR-0059777R-005985lR-005906)R-OO5907OR-005900lR-005909lR-005990 3R-005991 3R-005992 lR-005994 lR-005995 )R-005996 7R-005997 3R-005998 OR-005999 OR-006000 OR-006001 OR-006002 OR-006003 OR-006004 )R-006005 )R-006006 >R-006007 OR-006000 OR-006009 OR-006010 OR-006011 OR-‘006012 OR-006013 OR-006014 OR-006015 OR-006017 OR-006018 OR-006019 OR-006020 OR-006021 OR-006022 OR-006023 OR-006024 OR-006025 OR-006026 OR-006027 OR-006020 OR-006029 OR-006030 OR-006031 OR-006032 OR-006033 OR-006034 OR-006035 OR-006036 OR-006037 OR-006030 94/04/00 N 94/04/04 N 94/04/01 N 94/04/06 N 94/04/04 N 94/04/01 N 94/04/01 N 94/04/19 N 94/04/29 N 94/04/07 N 94/04/04 N 94/04/05 N 94/04/07 N 94/04/00 N 94/04/00 N 94/04/11 N 94/04/07 N 94/04/07 N 94/04/00 N 94/04/00 N 94/04/11 N 94/04/11 N 94/04/12 N 94/04/12 N 94/04/13 N 94/04/13 N 94/04/13 N 94/04/10 N 94/04/22 N 94/04/13 N 94/04/13 N 94/04/14 N 94/04/14 N 94/04/14 N 94/04/14 N 94/04/15 N 94/04/18 N 94/04/18 N 94/04/18 N 94/04/18 N 94/04/19 N 94/04/20 N 94/04/19 N 94/04/21 N 94/04/22 N 94/04/22 N 94/04/22 N 94/04/22 N 94/04/28 N 94/04/26 N 94/04/26 N 94/04/26 N 94/04/26 N 94/04/26 N 050 1185 1000 1485 4545 580 115 145 4030 255 1540 2135 950 1035 1720 1050 3231 4030 2377 3780 065 3348 2160 74 5 3020 1200 400 2825 1270 2240 3210 2160 2900 1960 55C 4381 1271 550 3020 145 500 170 3080 1135 884 3440 65 74 0 1290 560 865 1960 2485 1405 WAYZATA BLVD 20 ARBOR ST 29 OLD CRYSTAL BAY RD S 09 GREEN TREES RD 01 WATERTOWN RD 01 NORTH ARM DR 29 SMITH AVE 01 CYGNET PL :>4 ELM ST LANDMARK DR ( u FOX ST 1-^ COLIN DR 02 NORTH ARM DR 31 TONKAWA RD 29 BOHNS PT RD 24 COX FARM RD 01 CASCO POINT RD 02 ELM ST 16 SHADYWOOD RD 10 WATERTOWN RD 24 PARTENWOOD RD 29 BAYSIDE RD 11 WAYZATA BLVD 1 I ORCHARD PK Rl) 06 NORTH SHORE DR 29 PHILLIPS DR 01 WILLOW DR S 24 CASCO POINT RD 29 FRENCH CREEK DR 29 FOX ST 06 NAVARRE LA 11 WAYZATA BLVD 11 WATERTOWN RD 11 WEST FARM RD 02 LONG LAKE RD E 01 NORTH SHORE DR 11 ARBOR ST 31 LONG LAKE RD E 01 NORTH SHORE DR 29 CYGNET PL 29 NORTH ARM DR 02 WEAR LA N 01 SHORELINE DR 20 SPRING HILL RD 02 DAKOTA AVE 29 SHORELINE DR 24 STUBBS BAY RD N 10 BROWN RD N 29 LYMAN AVE 05 SUSSEX CIR 01 PARTENWOOD RD 02 WEST FARM RD 01 DUNWOODY AVE 24 GREEN TREES RD 01 1286535915330352144760841449944016703130124896600000000014274565 14706639 14700671 34709558 24776848 00000000 10840284 00000000 00000000 35595900 00000000 14793038 29337200 28828681 15531918 14738080 14724721 14732588 00000000 34229901 15360080 15330352 00000000 00000000 14730000 13971644 29322966 27044792 00000000 00000000 35331328 28947600 29337200 24405962 00000000 39417010 38666039 00000000 00000000 14710840 00000000 14750918 37846100 38940005 39414211 34792000 39296767 CUSTOM DIMENSIONS OF MNSAWHORSEDESIGNER POOLSSTREETER U ASSOCIATES INCHTGHVIEW HOMES, INCGARY HOEHN BUILDERSPROFESSIONAL GARAGE SER ROBERT CRAIG HOMES TERRY HOGT HOMES INC DITTER INC LANARS PLBG MIKKELSON DIRK MIDWEST FIREPLACE CO GRAVELLE, STEPHEN CULLIGAN WELTER fic BLAYLOCK INC FIRST CHANCE EXTERIORS INC DALBER ROOFING RVC HOMi:S LAKEWOOD DEVELOPMENT KENCO CONST EMPANGER MARK SAWHORSE DALBER ROOFING JONCO CONSTRUCTION HOMESTEAD ENTERPRISES INC HOKANSON PLUMBING INC E E MASONRY INC LAKESIDE PLBG & HTG INC CULLIGAN BORMAN PLUMBING METROPOLITAN MECHANICAL CO HAFNER NELSON MASONRY INC NORSE EXTERIORS BRUCE BREN HOMES SUBURBAN AIR CONDITIONING BURNSVILLE HEATING CO KLEVE HTG & AC LAKE>AIR HTG VOGT FRED & CO HUMERICAL LISTING APRIL 1994 WORK ID NUMBEI3650CASCO AVE 29 153303521210LOMA LINDA AVE 29 000000001895CONCORDIA ST 24 353784912011SUGARWOOD DR 01 253343571270FRENCH CREEK DR 01 27864007680NORTH ARM DR 11 17579184 OWNER LAST NM VALUATIONOR-006039 OR-006040 OR-0CG041 JR-006042 OR-006043 DR-006044 GOC 94/04/26 N 94/04/26 N 94/04/27 N 94/04/27 N 94/04/28 N 94/04/29 N SAWHORSESUPERIOR CONTR INC PLYMOUTH PLUMBING SCHULTIES PLBG METRO EXTERIORS INC SMITHUDELLBERGGRENMC GUIRE BLACK 59,500.002.500.001.500.00 18,000.00700.005,500.U0 ZONING reRMITS ISSUED/FEES CDLLECTTED APRIL 1994REPORT NBR. ')ATE OF RUN BPRMTISS-105/03/94 • PERMIT ISSUED REPORT CITY OF ORONO PAGEi 1 REQUESTER) CAROLEPERMIT TYPE QTY . . . . . . . CURRENT04/01/94 -BASE FEE RANGE . . . . .04/30/94VALUATION PLAN REVIEW QTY •. . . . .PREVIOUS04/01/93 -BASE FEE RANGE . . . . .04/30/93VALUATION iPLAN REVIEWUser Defined SUBDIVISION 1 6,175.00 0.00 0.00 2 630.00 0.00 •0.05VARIANCE61,050.00 0.00 0.00 5 975.00 0.00 0.00JUP00.00 0.00 0.00 2 325.00 0.00 0.00VARIANCE/CUP 2 250.00 0.00 0.00 0 O.CO 0.00 0.00Sub'total 9*7,475.00*0.00*0.00*9*1,930.00*0.00*0.00* Srand-total 9«*7,475.00**0.00**0.00**9**1,930.00**0.00**0.00** REPORT NBR. BPEERPT2-1 DATE OF RUN 05/03/94 USER REPORT TOTAL BASE PEE 7,475.00 7,475.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH PEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 PERMIT TOTAL 7,475.00 7,475.00 *• PERMIT FEE REPORT •* CITY OF ORONO FROM 04/01/94 TO 04/30/94 PAGE) REQUESTER: CAROLE APRIL 1994 PAGE: 1REQUESTER: CAROLE-- PREVIOUS RANGE - 04/01/93 - 04/30/93BASE FEE630.00975.00325.00 0.001,930.00* 1,930.or**VALUATION0.000.000.000.000.00*PLAN REVIEW0.00**0.000.000.000.000.00*0.00**PAGE: 1REQUESTER: CAROLE PEPMITS ISSUED/FEES COUECTEDiEPORT^vBR. BPRMTISS-1 )ATE OF RUN 05/03/94 * * * * * PERMIT ISSUED REPORT CITY OF ORONO>ERMIT TYPEmilding !GL FAMILY-NEW ’F-ADD/REMODEL ?F-ACC STRUCTURE )EMO/PRINCIPAL :OM-ADD/REMODEL [NST-ADD/REMODEL [NST-ACC STRUCT tNST-LAND ALT ^LAN REVIEW ONLY JEMO-ACCESSORY \CC/GARAGES >ub-total4echanical lEATING SYSTEMS MR CONDITIONING VOOD STOVE/FLUE •’IREPLACE VENTILATION •'UEL STORAGE 3AS LINE INSPECT 01/01/94 -RANCiK- - - - -04/30/94QTYBASE FEE VALUATION PLAN REVIEW1013,575.00 3,053,720.00 8,823.79488,611.50 972,602.00 4,647.202367.00 36,000.00 238.554230.00 0.00 0.005477.00 37,300.00 81.90163.00 3,500.00 40.9500.00 0.00 0.0000.00 0.00 0.0000.00 0.00 0.0000.00 0.00 0.004680.00 72,500.00 406.9074*24,003.50*4,175,622.00*14,239.29 Sewfeii Water SEWFH CONNECTION WATER CONNECTION NEW SEPTIC SYSTE DRNFLD fit/OR TANK SAC ONLY SEWER fic WATER Sub-total Sign PERMANENT/POSTED PER./FREE STANDG TEMPORARY Sub-total User Defined LAND ALTERATION TREE REMOVAL Sub-total Grand-total 191*^ 210,3584,4952,60066,3891,1502,0001,200 00000016000000)UCT WORK ONLY 1 35,00 1,000.007ub-total 53*4,057.77*289,192.16Plumbing FIXTUr* ii 46 3,198.65 213,520.00 WA‘ METER 3 705.00 0.00 F r wt?ter 0 0.00 0.00 Sub-tv 49*3,903.65*213,520.00 1,005.00* 70.00 39.00 60.00 169.00* 50.00 60.00 110.00* 0 0 0 0 0 0 0 00 00 00 00 00 00 00* 0.00 1,200.00 0.00 1,200.00* 0.00 0.00 0.00* 33,248.92** 4,679,534.16** 000000000 000000000000000000* 0.00 0.00 0.00 0.00* 0 0 0 0 0 0 0 00 00 00 00 00 00 00* 0.00 0.00 0.00 0.00* 0.00 0.00 0.00* 14,239.29** YEAR-TlVD/VTE* * « * *01/01/93 KAWLiC.- - --- 04/30/93TYBASE FEE VALUATION56,858.50 1,556,000.005211,235.50 1,453,856.446536.50 48,500.003150.00 0.00154.00 2,500.0000.00 0.001330.00 37,000.0010.00 0.0010.00 0.00260.00 0.0000.00 0.0072*19,224.50*3,097,856.44*23 1,827.06 55,225.006323.75 22,755.0000.00 0.00191,000.51 57,040.00135.00 1,500.0000.00 0.00395.00 425.004137.50 4,202.0056*3,418.82*141,147.00* 37 3,207.70 182,776.24 2 470.00 0.00 1 0.00 0.00 40*3,677.70*182,776.24* 11 374.50 0.00 0 0.00 0.00 0 0.00 0.00 1 50.00 0.00 15 7,500.00 0.00 2 140.00 0.00 29*8,064.50*0.00* 0 0 1 1* 2 0 2* 200** 0.00 0.00 30.00 30.00* 125.00 0.00 125.00* 34,540.52** 3,421,779.68** YEAR-TOnATE SAC INVESTIGATION DEPOSIT 5,600.00 0.00 0.00 MAIL IN ENGINEERING FEES STAFF FEES 63.25 187.25 120.00 PERMIT TOTAL 55,804.82 • t « * *PERMIT FEE REPORT ** CITY OF ORONO FROM 01/01/94 TO 04/30/94PLUMBING3,903.650.00108.39 0.00 0.00 0.00 0.00 21.00 SEWER & WATER 1,005.00 0.00 2.00 0.00 4,000.00 0.00 0.00 187.25 120.00 4,033.04 5,314.25 * * # * *PERMIT FEE REPORT ** CITY OF ORONO FROM 01/01/94 TO 04/30/94 USER110.000.000.00 0.00 0.00 0.00 0.00 110.00 PAGE: 1REQUESTERI CAROLESIGN169.000.000.00 0.00 0.00 0.00 0.00 FIRE0.00Q.OO0.00 0.00 0.00 0.00 0.00 169.00 0.00 PAGE: 2 REQUESTER: CAROLE T'ZONING PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATEREPORT RBR. BPRMTISS-1 )ATE OF RUN 05/03/94 * PERMIT ISSUED REPOFT CITY OF ORONO PAGE: 1REQUESTERS CAROLE. . . . . . CURRENT01/01/94 -RANGE . . . . .04/30/94 01/01/93 -RANGE . . . . .04/30/93PERMIT TYPE QTY BASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEWUser Defined SUBDIVISION 6 7,675.00 0.00 0.00 s 2,255.00 0.00 0.00VARIANCEIS3,175.00 0.00 0.00 17 3,275.00 0.00 0.00 CUP 7 1,050.00 0.00 0.00 6 1,225.00 0.00 0.00 VARIANCB/CUP 3 425.00 0.00 0.00 1 250.00 0.00 0.00 VACATION 0 0.00 0.00 0.00 1 150.00 0.00 0.00 Sub-total 32*12,325.00*0.00*0.00*33*7,155.00*0.00*0.00* Srand-total 32**12,325.00**0.00**0.00**33**7,155.00**0.00** 0.00** REPORT NBR. BPEERPT2-1 DATE OF RUN 05/03/94 USER REPORT TOTAL BASE PEE 12,325.00 12,325.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH PEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 PERMIT TOTAL 12,325.00 12,325.00 *• PERMIT FEE REPORT CITY OF ORONO FROM 01/01/94 TO 04/30/94 • • • • •PAGE: 1 REQUESTER; CAROLE !1993 RECAP Of CONTRACT CITIESJamiary February Warch Apri I June July August September October NovefiA)er Deceitfcer YTD TotalaSpring Park Plan Review Inspections RetainerTOTALNo. Plan Reviews No. Inspections Minnetonka Reach Plan Review Inspections Retainer TOTAL No. Plan Reviews No. Inspections 0.00165.00 25.00190.00 011 327.93 165.00 25.00 517.93 1 11 tot!!?: 0.00165.00 25.00190.00 011 0.00 0.00 25.00 25.00 0 0 46.8030.0025.00101.80 1 2 176.48 90.00 25.00 291.48 1 6 0.00105.0025.00130.0007 873.93 240.00 25.00 1,138.93 46.80465.00100;00611.80131 1,378.84 495.00 100.00 1,973.34 5 33 »> TO:Ron Moorse, City AdministratorDeceinber YTD Totals FROM: John R. Gerhardson, Public Works DirectorDATEMay 17, 199446.80465.00 100:00 611.80 1 31 1.378.34 495.00 100.00 1.973.34 5 33 2,585.14 SUBJECT: Lead Paint Abatement Old City Council Chambers If we are to keep and find a use for the old Council Chambers, we must remove the lead paint on the exterior and interior. The company that performs this type of work has suggested the following: • Remove all material with lead in the paint except the interior and exterior walls. Encapsulate the walls with an approved product. • The removal of material would be the windows, wood trim, painted roof overhang boards, rear door, wood panels, doors and windows in front entry and covering the ceiling with plywood, and secure the building to weather. The cost for the above is $12,847.00. The cost to do all of the above and restore the building to its original condition with the same style of woodwork, doors, roof, etc. is $45,200.00. The above costs are very preliminary and we have not requested formal competitive bids which will probably lower the costs somewhat. The above costs do not include plumbing, electricity, etc. The costs for demolition, removal and disposal of the building were estimated at $4,000.00 in 1992. PAUL B. ZISLA I6I2I 3A3-I25S O'CONNOR <& HANNAN attorneys at law 3800 IDS CENTER 0O SOUTH eighth street MINNEAPOLIS. MINNESOTA 55402-2254 (6121341-3800 FAX 16121343-1256 May 13, 1994 ac omcc •U»»C 800 »tMMSn.WMMA AVtWVC *t «MLSMiMaro<«. O.C 2000**3««a 4.20«> M»t-4«oO fCLEA 9K* l<0»l MAO*i« oprtcc UA •••^ONAOA. •. 3* f«0«3 MACWlO. SAMM »04*» 34* tOul 3«| »*R iO«ii 3*« J6 C/TY of i994 BV MESSENGERMs. Dorothy Hallin City Clerk 2750 Kelley Parkway Long Lake, MN 55356 Re: John D. Jerome, et al. vs. City of Orono Our File No. 54377-001 Dear Ms. Hallin: Enclosed and served upon you by personal service are a Summons and Complaint in the matter referred to above. Very truly yours, O'CONNOR & HANNAN ^ r A 1 ^^OA/0 / \ r ■A Paul B. Zisla PBZ/jt Enclosures cc: Orono City Council Members [pbz/ltr/clerk] STATE OF MINNESOTA DISTRICT COURT COUNTY OP HENNEPIN FOURTH JUDICIAL DISTRICT 14 - OTHER CIVIL John D. Jerome and Sandra K. Jerome? and Craig A. Lindell and Jennifer J. Lindell, Plaintiffs, vs. SUKHON8 City of Orono, a Minnesota municipal corporation. Defendant. THE STATE OF MINNESOTA TO THE ABOVE NAlffiD DEFENDANTS: You are hereby summoned and required to serve upon Plaintiff's attorney an Answer to the Complaint which is herewith served upon you within twenty (20) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. Dated: May 1994 O'CONNOR t HAIQC^ Robert J. Tennesseh (#10873X) Paul B. Zisla (#184147) 3800 IDS Center 80 South Eighth street Minneapolis, Minnesota 55402 (612) 341-3800 ATTORNEYS FOR PLAINTIFFS [PBZ/lindell2] fl STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT 14 - OTHER CIVIL John D. Jerome and Sandra K. Jerome; and Craig A. Lindell and Jennifer J. Lindell* Plaintiffs, vs.COMPLAINT City of Orono, a Minnesota municipal corporation. Defendant. Plaintiffs for their complaint state and allege; 1.Plaintiffs John D. Jerome and Sandra K. Jerome ("Jerome”) are the owners of, and beginning December, 1990 have had their residence on, the real property commonly known as 2605 North Shore Drive, City of Orono, Hennepin County, Minnesota ("Jerome Property”). 2.Plaintiffs Craig A. Lindell and Jennifer J. Lindell ("Lindell") are the owners of, and beginning on June, 1992 have had their residence on, the real property commonly known as 2655 North Shore Drive, City of Orono, Hennepin County, Minnesota (the "Lindell Property”). 3. The Jerome and Lindell Properties havu a common boundary line extending from the center line of County Road No. 51 (North Shore Drive) to the shore of Lake Minnetonka. (PBZ/lindellll 4. During the winter of 1991-92, ice fishermen end snowmobilers travelled the area of the common boundary to gain access to Lalce Minnetonka. S. Plaintiffs informed the users that they objected to having their property used for access to the lake. 6. Officials of the City of Orono ("City") told Plaintiffs that in the area of the common boundary of their properties is subject to a public road. The area that the City claims is subject to a public road is referred to as the "Disputed Property". 7. Plaintiffs informed City officials that the allegeo public road is not a legal encumbrance on either the Jerome Property or the Lindell Property. 8. Plaintiffs requested that the City abandon its claim chat a public road encumbers the Disputed Property. 9. in 1993, Plaintiffs installed gates across Che Disputed Property at a point adjacent to North Snore Drive and adjacent to the shore line of Lake Minnetonka. 10. By letter dated November 29, 1993, a copy of which is attached as Exhibit A, City demanded that Jerome and Lindell remove the gates or allow City to control access over the Disputed Property to Lake Minnetonka. City said it would control use of the gates. City wrote that access would only be for ice fishermen - 2 - 11. on December 13, 1993, Plaintiffs told the City of Otono City council ("Council”) that they objected to City control of the gates, and that the Disputed Property is not subject to a public road. 12. On December 13, 1993 Council voted to exercise control of the gates and to control use of the Disputed Property to gain access over the Jerome and Lindell Properties tc Lake Minnetonka. 13. The Disputed Property is not subject to a public road. 14. City did not record in the office of the Register of Deeds a supervisor's road order which purportedly creates the alleged public road. 15. On Match 5, 1993 the Registrar or Titles entered Certificate of Title No. 789312 to Jerome for the Jerome property. A copy of cancelled Certificate of Title No. 541310, which was transferred to Certificate No. 5789312, is attached as Exhibit B. A Contract for Deed to Jerome as vendee is memorialised on the Certificate as Document No. 2146941 filed of TGCord on January 4# 1991« 16. The Jerome Property was originally registered October 12, 1942. The title registration proceeding did not disclose the existence oC the alleged public road. 17. Title to the Jerome Property was registered without any reference to a public road over the Jerome portion of Disputed Property. 18. Pursuant to Minnesota Statutes Chapter 508, the Jerome property is not subject to the alleged public road. - 3 - 19. The City did not record with the County Recorder or file in the Office of the Registrar of Titles an instrument or notice sworn to by City or rts attorney, or agent, claiming or creating the alleged public road. 20. «ore than 40 years have lapsed from the date of the supervisor's road order which purportedly creates the alleged public road. 21. City was not in actual possession of the Disputeo property when title to the Jerome Property -as registered. 22. City has not been in actual possession of the Disputed Property over the last 40 years. 23. City does not maintain the Disputed Property as a public road. 24. City has not improved the Disputed Property as a public road or highway. 25. Pursuant to Minnesota Statutes $541,023 (the "Marketable Title Act"), the alleged public road is presumed abandoned. 26. City cannot enforce the alleged public toad as an encumbrance on the Jerome Property or the Lindell Property. COUNT ONE (Declaratory Judgment) 27. Paragraphs 1-26 are restated, realleged and incorporated by reference. 28. Pursuant to Minnesota Statutes Chapter 555, Plaintiffs are entitled to a Declaratory Judgment that the Jerome Property and the Lindell Property are not subject to the alleged public road and that City does not have a legally valid interest in, - 4 - upon, ot ovet the Jerome or Lindell Property -ith respect to such road. COONT TWO (Adverse Claim) 29.paragraphs 1-28 are restated, realleged and incorporated by reference. 30. City claims an interest in the Jerome Property and the Lindell Property adverse to that of Jercme and Lindell. 31. Pursuant to Minnesota Chapter 559, Plaintiffs are entitled to a judgment determining the adverse claim by City and the rights of the parties. 32. Plaintiffs Jerome are entitled to a judgment that the Jerome Property is free and clear of any lien, interest or encumbrance by City for, or in connection with, the alleged public road. 33. Plaintiffs Lindell are entitled to a judgment that the Lindell Property is free and clear of any lien, interest or encumbrance by City for, or in connection with, the alleged public road COUNT THREE (Permanent Injunction) 34. Paragraphs 1-34 are restated, realleged and incorporated by reference. 35. City claims that it has the right to enter upon the Disputed Property, to exercise control over the gates installed by Plaintiffs, and to control access over the Disputed Property to Lake Minnetonka. - 5 - f 36. City has no right or title to the Jerome Property or to the Lindell Property for the alleged public road. 37. City has no legal right in connection with the alleged public road to enter upon the Jerome Property or the Lindell Property to exercise control over the gates, or to control or permit access over the Disputed Property to Lake Minnetonka. 38. Plaintiffs are entitled to a permanent injunction precluding City from entering onto the Disputed Property for the purpose of exercising control over the gates, or permitting or controlling access to Lake Minnetonka over the Disputed Property. COUNT FOUR (Trespass and Ejectment) 39. Paragraphs 1-38 are restated, realleged and incorporated by reference. 40. City has no legal right or title to the Disputed Property. 41. City is trespassing on Plaintiffs’ properties by exercising control over the gates and permitting access over the Disputed Property to Lake Minnetonka. 42. Plaintiffs are entitled to an order for ejectment to oust City from Plaintiffs' properties. 43. Plaintiffs have been damaged by City's interference in Plaintiffs' rights to use, control and possess of their property in an amount to be determined. WHEREFORE, Plaintiffs demand judgment as follows; 1. Declaring that the alleged public road does not exist as an encumbrance on the Jerome or Lindell Property and that Jerome I? - 6 - I and Linddl have ri9ht# title and interest to their properties free and clear of any interest of City in the alleged public road. 2. Permanently enjoining Defendant from entering upon Plaintiffs' properties to control the gates and to permit access to Lake Minnetonka over and across Plaintiffs' properties by use of the alleged public road. 3. Awarding damages to Plaintiffs in an amount to be determined. 4. Awarding Plaintiffs their attorney's fees, costs and disbursements. 5. Awarding such other relief as the Court deems just and equitable. Dated: AM < ^1994.O'CONNOR & HANNAN n ^ • h (#108Robert J. Tennesseh (#10873X) Paul B. Zisla (#184147) 3800 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Telephone; (612) 341-3800 ATTORNEYS FOR PLAINTIFFS - 7 - ArKNOWLEDGMENT Acknowledgment pursuant to Minnesota Statutes S j49.21, Subd. 1, the undersigned hereby acknowledges that pursuant to Minnesota Statutes 5 549.21, Subd. 2, cost, disbursements and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the Court should find that the undersigned acted in bad faith, asserted a claim or defense that is frivolous and that is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceeding or to harass: or committed a fraud upon the Court. .» Dated:i I 1994.O'CONNOR i HANNAN /".-vv^C A u Robert J. Tennessen Paul B. Zisla (1184147) 3800 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Telephone; (612) 341-3800 ATTORNEYS FOR PLAINTIFFS (I10873X) - 8 - VERIFICATION I John D. Jerome, one of the Plaintiffs named in the foregoing Complaint, declare under penalty of perjury that the facts related in the foregoing are true and correct to the best of my knowledge, information and belief. I Craig A. Lindell. one of the Plaintiffs named in the foregoing Complaint, declare under penalty of perjury that the facts related in the foregoing are true and correct to t e best of my knowledge, information and belief. EXHIBIT A DY^Xe-cx 'eiecscier 7020 :i2- 2-;j :’’o2-v : ^ m * * ^ m0 ^$ (\ ' ' '---------- A 0 CO\\’C.=> d : ,f^°% November 29. 1993 CITY of ORONO Municipal OfTice'* Street Address 2750 Kelley ParKway Oreno. M.N 55355 Mailing Address. PO. Sox 66 Cfysral Eay. MN 55323 C066 Mr. John Jerome 2605 North Shore Drive Wayzata. Mimiesou 55391 Dear Mr. Jerome: During our dbcussions regarding the lake access known as "Lasher Landing", Ron Moorsc. City Administrator, and myself had indicated that we would recommend the following restrictions of the lake access to the Orono City Council: 1. Winter use only, for ice fisherman to have vehicle access to tlic lake. 2. fhe City would install a gate with a padlock at the road and at the lake. 3. The City would issue keys to those people who wanted access to the lake. All of the above are conditioned on Council approval. You have installed banners restricting access without permission from the City, You must remove those barriers within seven days of receipt of this Icuer or the City will commence with the necessary action to remove the barriers. If you have any questions, please call me at 473-7357. Sincerely, A/7 /f _ John R. Gerhardson Public Works Director JRG/ch Exhibit A Telephone f6I2l 4 CERTIFICATE OF TITLE ^•Mftr rp*« <••• A. &. 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H8l trt llsaSlUty. ooca of tao t<o of 63 xtoxo, t*o oamo4 to too8 olkor UO ondop 00 'J /fJl J/OO / Exhibit B lO: FROM: DATE: Mayor and City Council Ron Moorse, City Administr itor May 20. 1994 SUBJECT: Highway 12 Corridor Alternatives Several months ago MnDOT met with each of the cities along Highway 12 to review issues related to access points and types of access along the three major corridor options. The responses provided by the cities of Long Lake, O.ono and Medina were not consistent in the types and locations of accesses and access points along the three corridor options. MnDOT would like to schedule a meeting involving representatives of the three cities to address these differences. Prior to scheduling this meeting it is important to know whether or which Councilmembers would like to be involved in this meeting. I TO: FROM: DATE: Mayor and City Couik U Ron Moorse. City Administratorinistrator May 20. 1994 SUBJECT: Funding Sources for MSA Roadway Reconstruction Costs Not Covered By MSA Funds Municipal State Aid (MSA) funds cover approximately 93% of the costs of reconstructing an MSA roadway. In the case of the North Brown Road project, three items are not fully eligible for MSA funding. 1. Storm sewer: 40% of the storm sewer costs are not covered ($38,550) 2. Bike/Hike trail: 20% of the bike trail costs are not covered ($5,150) 3. Easement acquisition: the m.ijority of easement acquisition costs are not covered. As the city continues to reconstruct its MSA roads as part of a long term program these types of costs will continue to be unfunded by MSA. The city needs to have a policy to guide how these costs arc to be funded. Bike Trail Costs The portion of the bike trail costs not covered by MSA funding can easily be covered using park dedication funds. Storm Sewer and Easement Acquisition Costs The stonn sewer and ea.scment acquisition costs can be funded through several alternative sources. 1. General property taxes could be used to create a fund specifically to cover these costs. 2.Special assessments: the properties benefitting from the project could be assessed to cover the excess costs. 3.The city could create a storm water utility. This involves each parcel paying an annual fee similar to the water and sewer utilities. The fee is based on the amount of hardcover and storm water run-off generated by the hardcover. This fee revenue would then be used to create a fund to pay for storm drainage improvements including those related to the MSA projects. Funding Sources for MSA Roadway Reconstruction Costs Not Covered by MSA Funds May 20, 1994 page 2 4. A portion of the required funding could be obtained by funding tlte full cost of the bike trail with park dedication funds and using the MSA funds related to the hike trail to pay a portion of the non-bike trail excess costs. The total cost of the bike trail on North Brown Road is approximately $25,000. liven if the park fund were to pick up 100% of these costs this is a very reasonable cost for one-half mile of bike path. 5. Building fuiKl. CouiKil may want to review these alternatives in a work session. In the interim staff will develop a rept^rt that compares and evaluates each of the alternative funding sources. TO; from: LAKE MIHHETONKA CONSERVATION DISTRICT May 11, 1994 LMCD Board Members Chair Bill Johnstone may 1 7 SUBJECT: June Lake Inspection Tour Options The Administrative Committee discussed This benefits of the board’s ‘•5*/''®?*=“°2w^2r^truotSreshas been held in the past on the date of the Hater Structures Committee meeting the second Saturday of June. the press of license processing taking place it determined last year that cancelling this meeting disruptive to the license priorities under consideration. The Friday evening option with spouses in 1993 was not well attended. It was thought that an evening j would allow observation of boater activity and dock lighting, as well as water structure and buoy marking observations. The Administrative Committee proposed that two options be offered in June for the benefit of new board members in particular, and board members desiring to be kept current with lake activity and structures being reviewed. Board members are therefore asked to check their for one of the two dates on the reply form would be for board members, with representation planned from the Hennepin County Sheriff’s Water Patrol , County Lakes Improvement. It is important to have a full response so the correct site boat can be reserved for the date most board members can attend. TO: Chair Bill Johnstone FROM: My first and second choices for a lake inspection tour are: _ _ _ 7:30 Affi Saturday, June 4, returning to dock at 10:00 am 7:30 pm. Tuesday, June 7, returning to dock at 10:00 pm ***** I can and will attend my first choice onli I can and will attend either my first or second choice I do not plan to attend either of the cho.ices "^3 Please return your reply in the enclosed envelope by May W. LAKE MINNETONKA CONSERVATION DISTRICT News Release Mar 16, 1994 SUBJECT:Lake Minnetonka High Mater Levels Call for Boater Cooperation and Courtesy FOR IMMEDIATE RELEASE Make action from boats is creating its share of damage to Lake Minnetonka shoreline according to phone calls being received by the Lake Minnetonka Conservation District (LMCD). The high water levels have returned this spring, peaking at just over 929.9’ above sea level, according to eaecvtive director Gene Strommen. The lake level is on its way down, once again at 929.86’ a© of May 16. Since boat traffic has been light with the cool spring air and water temperatures, the emergency high water conditions have not been declared, Strommen added.. Mith the lake level being about .4' above the 929.4 ordinary high water level, shore line damage is being experienced in various areas around the lake. Boaters can avoid creating shore line wake damage by boating well away from shore or operating at minimum wake speeds even beyond the 150' minimum wake distance from shore. Other recommendations to prevent shoreline wake disturbance are: * * Mhen passing points -- stay well clear of point buoys When towing persons, make turns 300’ or farther away from the shore in a wide turn pattern. LAKE MINNETONKA CONSERVATION DISTRICT, News Release, 5/16/94 * Remember to watch for slow buoy-marked quiet waters areas and/or siqned channels which are minimum wake. 5 mph maximum speed. A new ordinance passed in April added two new quiet waters areas designated by slow/minimum wake buoys: 1. That part of the channel in the Lower Lake North lying northeast of Huntington Point and southeast of the Areola Bridge; 2. The channel south of Huntington Point between Lafayette Bay and the Lower Lake North. Boaters on Lake Minnetonka should know that LMCD rules govern watercraft speed at 40 mph days, 20 mph nights; new decibel limits are now 80 dba maximum; observers are required on all boats towing persons; personal watercraft are subject to rules regarding age of operator, distance operated from other water craft, and duration .of operation in a given area Complete lake rule highlights are available at public accesses around the lake, city halls and for pick up at the LMCD offices, Norwest Bank Bldg, 900 E. Wayzata Blvd., Hayzata. Boaters are thanked for their courteous boating whenever enjoying their recreational opportunities on Lake Minnetonka. ##« -■ % TM 12 Corridor Study ^ W AWWV MAY TH 12 Corridor Policy Committee Agenda & Meeting Notice . i i I. Project Schedule Update ► EIS UpDate ► Consultant Selection ► Layouts II.Mediation Orono • Long Lake System Plan Hi. Upcoming Meeting TH 12 Task Force IV. Adjournment Meeting Location - Orono City Hall WED. June 15, 1994 5:30 p.m. Trunk Highway 12 Policy Conunittee Meeting Project Discussion April 20 5:30 orono City Hall Attendees:Valerie Reinaas Marion Alger John Russek Marv Johnson Ed Callahan Tod Olson Dick Harmon Ann Thies Mn/DOT Maple Plain Franklin Township Independence Orono Long Lake Wayzata Medina The meeting was scheduled at the Long Lake City Hall but was moved to Orono to accommodate a very large attendance. Project Update - Valerie Reinaas EIS Update Wetland Identification * Existing alignment complete * North Segment complete * Initial meeting with other Environmental Agencies regarding how to address wetlands in the Draft EIS is complete. * The south corridor field review will begin in May or June of 94 Archeological/Historic * Fully funded * Consultant proposal was pulled. Minnesota Indian Affairs Council is reviewing need for consultant study. * Field surveys for initial archeological reconnaissance is complete. New consultant will be selected to finish the phase I historical reconnaissance. Vegetation * Field review were completed over the winter for forest populations. Existing wildlife habitat has also been completed. Traffic Forecasts * Proposal is in for review and consultant has been selected. Barton Aschman is consultant selected. Contract should be complete to start work in early May. Add'l funds will be Economic Study * Partially funded in FY 94. requested in FY 95 * Contract went out for bids in February. Consultant has been selected and approved. We are now in the contract negotiation phase of the project. Work to start in a couple of months. Policy Ccmmittee April 20, 1994 Page 2 * Proceeding with Study - the group decided that starting with the Long Lake/ Orono area was most prudent * The negotiating team from Long Lake and Orono should designate the items of most importance in the Scope of Services Other Stuff * MnDOT has started research for the Hazardous Waste section of the Draft EIS * Baseline water quality testing has started for that section of the EIS. Testing should be complete by July. Layouts * Mn/DOT has identified an alternate connection for segment G that bypasses the Wayzata Country Club. * Maps for each city have been distributed. Technical committee met in December to discuss. * Through Jan and Feb, MnDOT met with each city individually to discuss technical merit of each alternative. * Comments have been collected and reviewed. Changes to layouts are being made. Some areas require discussion between several councils to come to decision on some design elements. Val will schedule meeting to work out these issues through May and June. Funding * Funding for the construction of the project will come in the future - the EIS has received funding to work on areas that in house staff cannot complete Mediation * Members of the group want to look at system planning concepts. MnDOT has discussed with the counties and is reviewing elements that could be included in a system planning alternative. This alternative will reqiire traffic modeling to see if it is beneficial. * MnDOT is proceeding with getting a traffic consultant on board to look at the regional model. An analysis of future demand will be part of the study. Meeting Schedules * Next Mediation - June 28 * Next Policy Committee - June 15 * Next TH 12 Task Force - June 30 Adjournment #% Subuftian iaicerece; ■■ may 20 W. eiryorOBONc DATE: TO: FROM: May^l6, 1994 Municipal Officials of Member Municipalities of West Hennepin Human Services Planning Board Dale Woodbeck, Chair Board of Directors Recently /ou received a postcard from us announcing that West Hennepin Human Services Planning Board has changed its name to Suburban Alliance. This change came as a result of a process which began in December of 1991 when our Board of Directors passed a Long Range Plan which had as its goal that the organization review its name and image. The first record we have of the need to change the name West Hennepin Human Services Planning Board came in May of 1974 (20 years ago) when a group of city managers thought the name was too long and we ought to think of a shorter name. The Board came to this conclusion because they felt the name West Hennepin Human Services Planning Board has outlived its usefulness to the organization. It has served us well for 20 years,, but it is a confusing name that really doesn’t reflect the scope of our activities. Our new name is based on being rooted in the suburban experience and the ability to bring that experience to whatever level we work at: in state coalitions, in metro, state or federal advocacy. We hope that you agree that the new name is more dynamic and certainly shorter and easier to remember! Because our legal name comes from the Joint Powers Agreement among our 21 member municipalities, the Board of Directors decided it would be too cumbersome to change our name by getting each city to pass a resolution changing the Joint Powere Agreement. What we are doing instead is "doing business as" Suburban Alliance while maintaining West Hennepin Human Services Planning Board as our legal name We win, however, use Suburban Alliance in virtually all situations except legal documents such as contracts. This change in no way changes our relationship to our member municipalities. If you or any n?ember of your City Council has questions about this change, please contact us, and we will be glad to provide you with funher information. I am enclosing^a copy of an information sheet on the name change, a press release regarding the name change, and a program book develop for our 20th anniversary event this past March. Thanks for your interest fn and continuing support of Suburban Alliance. West HemefAi Human Services Pkmning Board dote:May 16, 199i for Immediote releo/e COrttOOlj Marcy Shapiro 920- 5533 WEST HENNEPIN HUMAN SERVICES PLANNING BOARD CHANGES NAME TO SUBURBAN ALLIANCE On May 16, after more thnn 20 years of being known as the West Hennepin Human Services Planning Board, WHHSPB will'change its name to SUBURBAN ALLIANCE. " To reflert the true nature of the organization we have become in the 20 years of operation, our Board of Directors decided, last FaU, to change the oiganization's name", said Dale Woodbeck, Chairman of the Suburban Alliance Board of Directors," Our new name, Sub^ban Alliance, is based on being rooted in the suburban experience and able to bring that experience to whatever level we work at such as in state coalitions, in metro, state or federal advocacy. Established in 1973 by a joint powers agreement between Hennepin County and seven suburban municipah'ties, the agency's initial focus was health care needs for residents in the western suburbs. As the populations of suburban communities grew and changed. West Hennepin conducted studies for the County to determine the need for and design of new and decentralized services for mental illness, developmental disabilities, chemical dependency, foster care and community-based corrections. As community needs changed, the agency changed as well. By the late 1970’s West Hennepin had established or was operating several emergency service programs such as the Energy Ass^tance Program, food and clothing distribution and evolved into a community based advocacy organization in the areas of housing and employment as well as health and social services. At the same time, additional municipalities entered into the joint powers agreement so that now we have 21 member cities. "Today, we’re an organization that promotes inclusiveness and the opening of the public decision­ making processes to all citizens in our community, and we’re an agency that acts as a conneaor, a partner and a networker to improve the life of all people in the suburban commumty, ';o we feel that the name Suburban Alliance much better describes who we are and what we do , said Woodbeck. uj€/l hcnncpifi humon ploonlng boo#d THE ROAD TO OUR NEW n>ENTlTY The first record we have of the need to change the name West Hennepin Human Services Planning Board came in May of 1974 (20 years ago) when a group of city managers thought the name was too long and we ought to think of a shorter name. But the real action to change the name began when, in December, 1991, a Long Range Plan was passed by the Board of Directors that had as one of its goals that the organization review its name and image. The Board came to this conclusion because they felt the name West Hennepin Human Service Planning Board has outUved its usefulness to the organization. "This descriptor is no longer accurate in describing the kind and scope of the dynamic, visionary activities undertaken by this contemporary agency and it directors - that, in fact, this organization has outgrown its name". The old name confused us with Hennepin County and made us seem as though we were only a direct services organization. As a planning organization, it made us seem passive rather than active and innovative. It has served us well for 20 years. Now it is time for a change. The new name. Suburban Alliance, b based on our being rooted in the Suburban experience and able to bring that experience to whatever level we choose to act, such as in state coalitions, in state or federal advocacy. It is an organization based on alliance. As we've thought about this word, we noticed that the first three letters are all. We strive to be an organization based on all that promotes inclusiveness; the opening up of decisionmaking to all citizens in our communities; and listening to the ideas and information from all parts of our communities. We work to be a connection among individuals and among groups; to build networks, partnerships, coalitions, coUaboratives; and to join together allies in building a better future. _vSubuiia) Hiance perience to whatever se to act, such as in s, in state or federal;anization based on 've thought about this ed that the first three We strive to be an based on all that isiveness; the opening making to all citizens nities; and listening to information from all >mmunities. We work ion among individuals groups; to build rtnerships, coalitions, ; and to join together ng a better future. Metropolitiui \^kste Control Commission Mean Park Centre. 230 E*il Fifth Street, St. Paul, Minnesota 55101-1633 612 222 M2 3 May 11, 1994 To lloctod Official®, City Maaagar® aaA Staff: budget. The meeting schedule is listed on the of this The MWee invites you and/or appropriate city staff to attend. re- Budget meetings were held in February and March to gather input prior to developing thir proposed budget. The Commission appreciates comments received from all wao attended. We realize that wastewater treatment is a major cost in your community s budget and are committed to providing our system users with effective treatment at a reasonable cost. We believe it is important to provide you with an opportunity to review and comment throughout our budget process. In order to accommodate those who will be attending the League of Minnesota Cities (LMC) June Conference, MWCC has scheduled one of the breakfast meetings at the St. Paul Civic Center on June 9. You do not need to be registered for the conference in order to attend this breakfast meeting. We will end the breakfast meeting in time for you to make the LMC conference sessions. Last year many of you were disappointed whe”-. the budget breakfast meeting scheduled at the Metropolitan Wastewater Treatment Plant in St Paul was moved to another location because of the flood. We have again scheduled a budget breakfast meeting at the plant for June 2. For those who are interested, there will be a tour of the Metro Plant immediately following the breakfast meeting. MWCC will schedule a public hearing on the Proposed 1995 Budget at the June meeting of the Board of Coitanissioners. SEX BUDGET BREAKFAST MEETING SCHEDULE ON BACK Equal OpportunHy/Afflniwtiva Action Employar o METROPOLITAN WASTE CONTROL COMMISSION BUZX^ET BREAKFAST MEETING SCHEDULE FOR THE PROPOSED 1995 BUDGET 1.JUnZ 1 - HEOKBSSAY MAPLEWOOD INN - MAPLEWOOD (just, west of Maplewood Mall) 7:30 a.m. - 9:00 a.m. 2. 3. 4. JUNE 2 - TBUR513AY METRO WASTEWATER TREATMENT PLANT 2400 CHILDS ROAD IN ST. PAUL (see map on this page) 7:30 a.m. - 9:00 a.m. Tour: 9:00 a.m. - 11:00 a.m. Wear good walking shoes with leather uppers, if you plan to take this tour. There will be stairs amd a considerable aunount of walking involved. JUNK 3 - mZOAY RAMADA RIDGEDALE (just east of Ridgedale) 7:30 a.m. - 9:00 a.m. MAP TO METRO WASTEWATER TREATMENT PLANT JUNE 9 - THURSDAY ST. PAUL CIVIC CENTER 143 WEST FOURTH STREET Room C-11 (location of the League of Minnesota Cities Conference) 7:30 a.m. - 9:00 a.m. TO PLACE MEETING RESERVATIONS, CALL SARAH KLINE AT 229-2129. HOMCOFTHEWESTO!«ASENK)«Cm2CMS. IMC. • SSOO LYliWOOO B00LEVAW3 • MOUND. MINNCSOTASSW (•12)472-0347 M^V 10 May 9, 1994 i.* • City Mgr Ron Moorse P.O. Box 66 Crystal Bay,MN55323 Dear Ron, ‘ We hope you have received the wonderful news about Westonka Senior Center by this time. If not, we are proud to announce that we have won first place in the Senior Center Achievement Award for the state of Minnesota and came in second place in the nationals. These awards were in the catagory of Community Partnerships. We were honored in April at the National Conference on Aging in Washington, DC for our national award and will receive our state recognition on Friday, May 20th at the Minnesota Board on Aging meeting in St. Paul. These achievements would not have been possible without the help of all of our funders, sponsors and our two business partners..Meisel Hardware and CR Manufacturing. We would like to officially celebrate these honors on a local level with our elected officials and dignitaries and invite YOU to attend a brief ceremony at 7:00 pm on Monday, May 23rd at the Westonka Senior Center, 5600 Lynwood Boulevard in Mound. We will have a chance to show our gratitude to all of you for the many years of confidence you have shown to us. After the ceremony we will celebrate with ice cream sundaes. If you will be able to attend, please call our Center at 472-0347 on weekdays between 8:00 am and 4:00 pm. Looking forward to seeing you, Westonka Senior Center Friends A Non-profit Organisation Serving The Communities Of Mound • Orono • Spring Park • Minnetrista r \ III historic Excelsior AMEA CHMWVei OF C»MMPia May 9, 1994 . Ob'01* shorn of Like MinnetonluiRECc MM 1 1 csn Of oBO^o Mayor fc Council Members City of Orono For more than one hundred years Excelsior has been home to a festive Fourth of July fireworks display. Today Excelsior is the last remaining community on I<ake Minnetonka to carry on this old time tradition. Every year, thousands of people enjoy this special display. In fact, the event is more popular than ever, drawing friends and families from all the surrounding communities, including Orono. We welcome our friends from around the Lake and wish to continue this festive tradition for many years to come, yet sadly, we are faced with the possibility of permanently canceling the display due to lack of financial support. We are asking for the support of our neighbors to help keep this wonderful family tradition alive. Until this year, the annual fireworks display has been funded soley by the Excelsior Chamber of Commerce and its member businesses. Faced with rising costs to put on the event, including police services, lake use permits, trash and sanitation services; as well as heavy competitition from other worthwile causes for sponsorship dollars, our generous neighborhood businesses are virtually tapped out. Rather than canceling this wonderful tradition that is shared by so many families across Lake Minnetonka, we have decided to go outside our usual list of contributors and ask support of the communities that enjoy the annual festivities. In order to save the event we need the financial support of these who would like to see this long-standing tradition continue. So far, the cities of Excelsior, Greenwood, Shorewood, and Tonka Bay lave generously contributed funds to keep the fireworks displD/ alive. I hope that you will decide to contribute as well. We need your help to make this and future Fourth of July celebrations safe and festive for our communities. POST OFFICE BOX 32 • EXCELSIOR. MINNESOTA 5b331 • PHONE '612) 474-6461 •’s'?£C£'-'-0„-Ih. shorn olUkeMtaMlonIc*____11199*OBO^'O ‘'KatrE-eTslor ts Stndl o? Peop|«°Si°’' is more popul^^®"11 the surrounding : - =fis“pify aue to la=. of ghbors to help '"soiey''bi^hHxcelsior reSHrvSr/"^ lrwS*SlnneltnUr«| si “ contributors and oy the annual v"iF^.K"SU5. The Excelsior Chamber of Coituserce is shceduled to take a final vote on this issue next Monday, May 16. We would not need the funds at that time, just a commitment of support. I look forward to hearing from you soon. Sincerely, <7 Terry L. Roeser President A 55331 • PHONE (612) 474-6461 Ill historic Excelsior AREA CHAMSR OF COMMEhCX May 9, 1994 RECc mm 1 ^ CnY OF OBO^ C OnHic shorn of Lake Minnetonka Mayor & Council Members City of Orono For more than one hundred years Excelsior has been home to a festive Fourth of July fireworks display. Today Excelsior is the last remaining community on liSke Minnetonka to carry on this old time tradition. Every year, thousands of people enjoy this special display. In fact, the event is more popular than ever, drawing friends and families from all the surrounding communities, including Orono. We welcome our friends from around the Lake and wish to continue this festive tradition for many years to come, yet sadly, we are faced with the possibility of permanently canceling the display due to lack of financial support. We are asking for the support of our neighbors to help keep t lis wonderful family tradition alive. Until this year, the ainual fireworks display has been funded soley by the Excelsior Chamber of Commerce and its member businesses. Faced with rising costs to put on the event, including police services, lake use permits, trash and sanitation services; as well as heavy competitition from other worthwile causes for sponsorship dollars, our generous neighborhood businesses are virtually tapped out. Rather than canceling this wonderful tradition that is shared by so many families across Lake Minnetonka, we have decided to go outside our usual list of contributors and ask support of the communities that enjoy the annual festivities. In order to save the event we need the financial support of those who would like to see this long-standing tradition continue. So far, the cities of Excelsior, Greenwood, Shorewood, and Tonka Bay have generously contributed funds to keep the fireworks display alive. I hope that you will decide to contribute as well. We need your help to make this and future Fourth of July celebrations safe and festive for our communities. POST OFFICE BOX 32 • EXCELSIOR. MINNESOTA 55331 • PHONE 16121 474-6461 HC3ME OF T>4E WESTOMKA SCMOR CmZENS INC • SMO LYNINOOO BOUCEVARO • MOUND. MMMESOTA SS3C4 ($12)472 0347 W^Y iO 199* May 9, 1994 City Mgr Ron Moorse P.O. Box 66 Crystal Bay,MN55323 Dear Ron, r. :‘' I. We hope you have received the wonderful news about your Westonka Senior Center by this time. If not, we are proud to announce that we have won first place in the Senior Center Acbieve.nent Award for the state of Minnesota and came in second place in the nationals. These awards were in the category of Community Partnerships. We were honored in April at the National Conference on Aging in Washington, DC for our national award and will receive our state recognition on Friday, May 20th at the Minnesota Board on Aging meeting in St. Paul. These achie/eraents would not have been possible without the help of all of our funders, sponsors and our two business partners..Meisel Hardware and CR Manufacturing. We would like to officially celebrate these honors on a local level with our elected officials and dignitaries and invite you to attend a brief ceremony at 7:00 p»a on Monday, May 23rd at the Westonka Senior Center, 5600 Lynwood Boulevard in Mound. We will have a chance to show our gratitude to all of you for the many years of confidence you have shown to us. After the ceremony we will celebrate with ice cream sundaes. If you will be able to attend, please call our Center at 472-0347 on weekdays between 8:00 am and 4:00 pm. Looking forward to seeing you, Westonka Senior Center Friends A Non-profit Organization Serving The Communities Of Mound • Orono • Spring Park • Minnetrista