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HomeMy WebLinkAbout08-08-1994 Council Packetr AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 8, 1994, 7:30 P.M ORONO COUTSCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (♦) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda, memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL * 1. CONSENT AGENDA APPROVAL OF MINUTES * 2. Regular Meeting of July 25, 1994 PARK COiVLMISSION COMMENTS V PLANNING COMMISSION COMMENTS - Dale Lindquist Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT ^1942 William J. Stoddard, 2605 Kelly Avenue. Conditional Use Permit - Resolution w 4. /?1945 Robert & Velma Wolff, 4450 Forest Lake Landing - Variances - Resolution 5. //1947 Sailors World, 1955 Shoreline Drive - Amended Variance Application - Resolution V 6. Amended Shoreland Fle.xibility Request - City of Mound MAYOR/COUNCIL REPORT ENGINEER REPORT CITY ADMINISTRATOR’S REPORT ^ 7. Appointment of Judges for September State Primary Election - Resolution •X8. Employment of City Recorder 9. City Legal Services CITY ATTORNEY’S REPORT (10.) LICENSES (*11.) BILLS AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 8, 1994 7-30 P M ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO. MINNESOTA UPCOMING ISSUES AND EVENTS 08/08 - Council meeting 7:30 p.m. 08/15 - Council Work Session 8:00 a.m. 08/15 - Planning Commission 7:00 p.m. 08/17 - Highway 12 Policy meeting 5:30 p.m. 08/18 - Kelly Avenue Drainage Information Meeting 7:30 p.m. 08/22 - Council meeting 7:30 p.m. 08/23 - Highway 12 Mediation meeting 3:00 p.m. 08/30 - First day for filing of candidacy for November 8 municipal election 09/05 - Holiday - Labor Day 09/06 - Park Commission 7:15 p.m. 09/12 - Council meeting 7:30 p.m. 09/13 - 4:30 p.m. Last day for filing of candidacy for November 8 municipal election 09/13 - State Primary Election Day - No public meetings between 6 & 8:00 p.m. r PLANNING COMMISSION COUNCIL PUBLIC ATTENDANCE MEETING DATE Lc. 8. PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. ax t HifcJ (D f I I /•• «*uv1 ,,l --------Jl~ fW^ /ir V** S /d CO ^ Crt 4^ t>» t» ^ I S « fi ^ ^ iy» tJ » 00 50 <3^ s o S ?| 5f - 3 I ? fs- i ” P I cr _ ^ K o* S -*• rT •• Z. o ^ K o fti f» o !|l“? 3 8^ •*’’ g g-a fcS R a K ^ I m ^ * o >I M I 1PP '- 8 ° « U o 3 ?? > I 9*-* * I n ;$ a '< ^ • r r»2 V* f» f- I j^ ? L oO fi. K JHL Co.y''- MINUTES OF THE REGULAR ORONO COUNCIL MEETINfili^ELD JULY 25, 1994 ^ <9 I994 ROLL ''^ij;/, The Council met on tlie above date with the following members present: Mayor Edward Callahan. Jr., Councilmembers J. Diann Goetten, Charles Kelley, JoEllen Hurr and Gabriel Jabbour. The following represented staff: City' Administrator Ron Moorse. Building & Zoning Administrator Jeanne Mabusth, City Attorney Thomas Barrett, Public Works Director John Gerhardson, City Engineer Glenn Cook and Recorder Lin Vee. Mayor Callahan called the meeting to order at 7:30 p.m. (#1) CONSENT Jabbour requested that Item ifS be added to the Consent Agenda. Kelley added Items ttl, 9 and 11. City Administrator Moorse removed Item #3. It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 5, nays 0. (♦#2) APPROVAL OF THE MINUTES - REGLTAR MEETING OF JULY 11, 1994 It was moved bv Jabbour, seconded by Goetten, to adopt the minutes of the Regular Meeting of July 11, 1994. Ayes 5, Nays 0. PARK COMMISSION COMMENTS Park Commissioner Roben Howells was present and had no comments PLANNING COMMISSION COMMENTS There were no Planning Commission comments. PUBLIC COMMENTS There were no comments from the public. POLICE CHIEF REPORT Chief Sullivan distributed a "Calls for Service" summary' repon for the first 6 months of 1994, which indicated a 29.6% increase in activity attributed to traffic enforcement and a general increase in activity. Chief Sullivan invited councilmembers and the public to an open house to be held at the Orono Police Department on Tuesday, August 2, 1994 from 6:00 p.m. - 9:00 p.m. promoting neighborhood cooperation against crime. This event is called "America’s Night Out Against Crime". It is the eleventh year of this national program with Orono participating for the tirst time this year. The Nonh Tonka Crime Prevention Coalition will provide refreshments and be available for questions. The police reserves will be available to conduct tours. MIMTES OF THE RECH LAR ORONO COl NCIL MEETING HELD .11 LV 25, 1994 POLICE CHIEF REPORT (CONTINXTD) Mayor Callahan questioned the amount of time needed to conduct inter\’iews for the nvo part- time officer positions. Chief Sullivan confirmed it would take 4 days for 3 officers to conduct the initial interviews at an average of S20.00 per hour per officer. Chief Sullivan stated the amount of time required was due to an effort to include more female applicants in the process, which increased the number of interviewees. Hurr also questioned the efficiency of the interviewing process. She suggested a woman and citizen be included in the final interview na\:ess. Jabbour felt there should be a better philosophy and policy established with input from the contract cities so they feel the police department is as much theirs as Orono’s. Goetten thought it would be beneficial for Chief Sullivan to provide information on the process that is followed for hiring officers. Chief Sullivan agreed to provide an information packet for Council’s review on what has been done and why. City Administrator Moorse agreed there should be further input regarding the hiring process such as concerns of the contract cities, whether citizens and contract cities should be involved in the hiring process and how much effort should be spent on diversity. Mayor Callahan stated there had been work sessions regarding the operation of the police department and felt that if there was anv disaereement, it should have already been discussed. Kelley agreed Council may be trying to micro-manage the police department. There are policies established by the City and the Police Depanment and if there were problems, changes should be discussed and made. Hurr stated the current policy would be in effect for hiring for the next two years, at which time she may no longer be on tlie Council. She did not think it was too late to add a citizen to the final interview process. She suggested the Prosecuting City y\ttomey, Desyl Peterson, who is an Orono resident as well as a female. It was moved by Hurr, seconded by Goetten, that there be a three person panel including a citizen to make the final recommendation to the Council for hiring two new part-time police officers. Jabbour continued discussion, agreeing with the general philosophy of including the contract cities and citizens in the interview process, but questioned if it could be changed at this time. It was moved by Jabbour, seconded by Callahan, to table further discussion of iliis issue until a later time. Ayes 3, nays 2. Hurr and Goetten were opposed. Chief Sullivan explained the process that is being followed to select three corporals. Seven officers have submitted a letter of intent and resumes. The City Administrator and Police Chief will interview these officers. There will be a recommendation made to Council regarding the appointments to the corporal positions. MINUTES OF THE REGULAR ORONO COl NCIL MEETING HELD Jl LV 25, 19 -4 POLICE CHIEF REPORT (CONTINUED) Kelly asked if Chief Sullivan had already communicated to the officers the possibility of reorganization with three corporals. Chief Sullivan responded he had been told that it was his responsibility to submit a reorganizational plan. He understood that Council wanted to know which people would be tilling the corporal roles. Kellev would have preferred to see the reorganizational plan prior to informing the officers. He suggested providine Council w ith the plan before any further interviewing takes place. Hurr concurred. Jabbour felt the contract cities should also be included since they have the rieht to be involved in a reorganizational decision.W Mayor Callahan recalled that the Chief was going to make a recommendation. He agreed that there should be some discussion with the contract cities but felt that Orono was running the police depanment and contracting their services out so it should not matter how manv corporals etc. there were. Hurr stated the consensus of the Council w^as that they wanted to see a plan for the police department before proceeding any further. Mayor Callahan and Moorse indicated there had been discussions with Spring Park about the possibility of some reorganization and additional officers during the pnx'ess of completing the police service contract. Kelley asked Chief Sullivan when the plan would be ready. Chief Sullivan responded the plan was to have three corporals who would be first line supervisors available on the street instead of the old two lieutenant system. The corporals would function as patrol officers with modest supervisory responsibilities. The plan calls for three corporals to be appointed to serve for an interim period of 12-18 months. At the end of that time, there would be a formal assessment to see it there should be two or three sergeants who would have more permanent duties with more responsibility. This is a way to provide the needed first line supervision at this time and give three officers an opportunity to gain e.xperience and training and assess if they would make good supervisors later in their careers. Kelley asked it the ofticers were aware that if they did not possess the leadership qualities that were necessary they would return to patrol officer status. Chief Sullivan confirmed they would go back to patrol officer status at any time they were not pertorming satisfactorily. Since this is considered an assignment, they could be re-assigned to patrol officer status. It the Council decided to have two sergeants at some time in the future, a more formal screening and testing proce.ss would take place. The corporals and other officers could then apply for the sergeant positions. Jabbour commented that the information presented by the Police Chief should have been received earlier waih the packet so he had time to review it and ask questions prior to the Council meeting. 3 r MINI TES OF THF REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1994 POLICE CHIEF REPORT (CONTINUED) Hurr asked how the Union would handle promotions and then a po»;sible demotion. Moorse explained this would be structured as ai. assignment, not a formal promotion. The salary’ for corporal would have to be negotiated w ith the Union. Mayor Callahan asked that Chief Sullivan present a written proposal to the Council in August with no further discussions with the officer- regarding the corporal positions. Mayor Callahan commended Officer Tomcheck for off-duty assistance he provided to a boater near Bic Island who broke his neck in a life-threatening diving accident. Chief Sullivan stated that he will submit Officer Tomcheck's acts to the Noith Memorial award program for those who provide life-saving assistance. (#3) <^1821 STEVEN P. WTRTJES AND MARGO M. WIRTJES, 3085 WATERTOWN ROAD - FLNAL SUBDIVISION - RESOLUTION This application was tabled at the request of staff. (/^4) H913 GREG TRUCHINSKI, 1580 FOX STREET, CONDITIONi\L USE PERMIT/VARIANCE - RESOLUTION It was moved by Jabbour. seconded by Hurr. to table this application as neither the applicant nor any representatives were pre.sent at any time during the meeting. Ayes 5. nays 0. Hurr questioned the after-the-fact fees which had not been collected. Mabu.sth explained that the applicant initially filed an after-the-fact application but then decided to proceed with a conditional use application because he was going to relocate the tower. During the review process, he changed back to the after-the-fact apolication and fees will be collected. (♦#5) #1922 ROBERT MELAMED, 1000 OLD CRYSTAL BAY ROAD SOUTH - FINAL SUBDIVISION - RESOLUTION NO. 3451 It was moved by Jabbour. seconded by Goetten. to adopt Resolution No. 3451 approving the plat of French Lake of Orono 2nd Addition for Robert L. Melamed and Elizabeth NIelamed at 1000 Old Crystal Bay Road South. Ayes 5. nays 0. (#6) #1938 DOUGLAS .\ND KAREN OLSON, 537 PARK LANE - VARIANCE - RESOLUTION NO. 3452 Mr. and Mrs. Olson were present. Mabusth explained that the applicants were requesting area and lot width variances to reconstruct a residence at 537 Park Lane. The original application placed the structure at the top of the bluff at 982 elevation. She noted the right-of-way for the adjacent Park l^ne is 80 whereas the normal right-of-way is 50’. At the June Planning Commission meeting, the application was tabled so that applicant’s could provide an amended application with structure moved further from the top of the bluff and closer to the street. The Planning Commission indicated they would MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1994 #1938 DOUGLAS AND KAREN OLSON, 537 PARK LANE (CONTINT^ED) approve a 6' setback from the corner of the garage with the structure still being 42‘ from the traveled road in approximately the same location as it currently exists. At the July Planning Commission meeting, members approved an amended application with the comer of the garage 6' from the lot line and the principal structure maintained at 10 ’. The southeast comer of the deck will have an 8' setback. The applicants are also requesting a street setback variance, a setback variance to the bluff of 10 ’ and 8’ for the deck. The two story structure meets the height requirements and average lakeshore setback. Mr. Olson commented that they had compromised to get back from the bluff and yet not too close to the road since there is an 80 right-of-way. Mabusth added that there is a hardcover variance requested in the 75-250’ setback area proposed at 26.4% with a reduction from 3.5% to 1.8% in the 9-75 ’ setback area. Retaining walls and walkways that are not necessary are being removed within the 0-75 ’ setback area. In response to Hurr, Mabusth confirmed that the surveys were current and the applicant had done the hardcover calculations. She added that applicants often do their own calculations witli spot checks by staff. Hurr asked what the hardship is for this new home. Olson responded that the home would be consistent with neichboring homes. When he purchased the home, he did not realize there was a bluff issue. Helelt with the added grassed area, even though it was not deeded to him. it could be a positive consideration. Mabusth added that 30% of the lot was available tor building as the bluff placed severe restrictions upon the building envelope. Goetten noted that the Olsons and Planning Commission members had worked hard to achieve the current proposal for the substandard property. She would support the Planning Commission recommendation. It was moved by Kelley, seconded by Goetten. to adopt Resolution No. 3452 for Douglas and Karen Olson granting variances for lot area, lot width, street setback, hardcover and bluff setback to permit the "construction of a new principal structure located at 537 Park Lane. Ayes 4. nays 1. Hurr was opposed. (*#7) #1943 SAM AND JOYCE MARFIELD, 2455 SCOTCH PINE LANE - VARIANCES - RESOLUTION NO. 3453 It was moved by Jabbour. seconded by Goetten. to adopt Resolution No. 3453 granting a hardcover variance of 46.32 s.f. or .015% and a setback variance of 9 or 30 .c to allow construction of a two story' elevator addition for Samuel S. Marfield and Joyce Mariield at 2 Scotch Pine Lane. Ayes 5, nays 0. MINI TES OF THE REGL EAR ORONO COUNCIL .MEETING HELD JULY 25, 1994 ENGINEER REPORT (#8) BID AWARD NORTH BROW^ ROAD RECONSTRUCTION Eneineer Cook explained that after receiving bids staff met with the property ow ners to discuss the project. There was overall approval of the project with concerns over whether the bike path should be 6 ’ or 8’ and questions about the storm sewer which has an impact on Homestead Trail. Cirv Administrator Moorse added the issue of assessments of project costs to property owners. Mayor Callahan stated that there were MSA funds available for the road construction. Council had not decided if there would be an assessment for any additional monies needed. Since there have not been any similar projects recently, no policy has been established. There are a number of other projects facing the City in the near funire, such as a stormwater project on Kelly Avenue and septic upgrades, with limited availability of funds to be considered. Heinz Hutter, 770 North Brown Road, questioned the necessity of w idening, straightening and leveling Brown Road when all it really needs is resurfacing. He felt that as Highway 12 was upgraded. Brown Road would not pro- id ^^-ess to the highway. He thought there may be other needs of the City that were more important. Many other residents agreed. Mayor Callahan stated that there was no Highway 12 plan at this time that e.xcluded access from North Brown Road. Kelley asked for clarification since he thought the citizens were in favor of upgrading Brown Road and now there seemed to be disagreement. Other councilmembers agreed. Charles Schroeder, 1925 West Farm Road, explained that if the project were to be done, then the input from the citizens at previous meetings should be considered. Since this is a substandard road, if it were resurfaced, it would have to be widened. In addition, the bike path would be included but the residents wished to keep it more like a "country lane". Goetten noted that it was decided to make a minimal road of 28’, which is the City’s minimum standard, rather than the 32’ or 36 ’ as suggested by the Engineer. She asked how many of those present had been at the previous informational meeting. Many had attended but there were several who had not. Jabbour stated that for Orono to get MSA funding, minimuni standards are required. Cook confirmed that if the road were to be repaved at its current width, the City would have to pay for the entire project. MSA funding would cover 93% ot the project if built to MSA standards. City Administrator Moorse explained that there are MSA funds available but not enough to do all future road projects in the City. Residents who were present felt thev should not have to pay the amount not covered by MSA funds because North Brown Road is used by many others traveling between Highway 6 and Highway 12. not just those residents along the road. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1994 BID AWARD NORTH BROWN ROAD RECONSTRUCTION (CONTINUED) City Administrator Moorse explained that if there were to be assessments considered on this project, a public hearing would have to be held before the bid could be awarded. Dennis Kirby, 1020 Nonh Brown Road, did not feel there was opposition to the road but there was a problem with assessments. Armand Brachman. 1990 West Farm Road, commented that he moved to Orono because of the rural residential character of the area. He felt that two issues to be considered were the degree to which the road needs to be improved and who will pay for the road. He felt that a uniform process needs to be established to address the current and fumre road improvement needs. Who should be responsible for assessments should also be considered. Mayor Callahan reiterated that if the bid were accepted at this meeting, there would be no assessments. He continued that comments made about this being a collector road were compelling arguments to consider. The gap of $25,000 is not a major amount for the City and felt, in this case, the bid should be awarded with no assessments to the residents. It was moved by Hurr, seconded by Jabbour, to award the bid for the Brown Road North reconstruction project and the Watertown Road culvert replacement project to the low bidder Buffalo Bituminous, contingent upon MSA approval, in the amount of $473,614 for Brown Road and $92,892.50 for the Watertown Road culvert with no special assessments to the residents. Ayes 5, nays 0. George Johnson asked about the 8’ bike path. Cook explained that the 8’ width was a recommendation from the Park Commission and was not a requirement of MSA funds. Kelley asked how difficult it was to get variances for MSA funds. Cook explained there was an application and then a panel review. He added it would be difficult to get a variance approved. Gerhardson stated that the road is failing because of bad soils. Reconstruction of the road would be necessary even if it were maintained at the current width which would be costly and then MSA funds could not be used. Tom Lane, 915 North Brown Road, e.xpressed his concern with the bike path being within 25’ of his front door. He asked if the bike path were necessap^ to use MSA funds. Mayor Callahan responded that the path would not b necessary but the City Council and Park Commission have a policy for the location of bike paths throughout Orono. This is one of the recommended areas and it is more economical to construct it at tlie same time as the road is upgraded. Schroeder agreed that plans for the road are the minimum that can be achieved and still receive MSA funds. He thought the bike path would be located closer to the road by the Lane residence. Carol Parrish, 1995 West Farm Road, had no problem with the road but was not excited about the addition of the bike path. Mayor Callahan explained that the bike path will eventually connect to other paths within the City connecting the Luce Line, schools and Baker Park. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1994 BID AWARD NORTH BROWIV ROAD RECONSTRUCTION (CONTINLTID) Mayor Callahan confirmed there will be no assessment to the neighboring residents. Gerhardson stated construction would begin in mid-August. Individual landowners will be contacted. Armard Brachman and George Johnson com.mented that •••.wt had already made contacts with the residents and had been working with them to address th.:-- conc^.-ns. Mayor Callahan called a recess from 8:58 p.m. to 9:12 p.rn. KELLY AVENUE DRALNAGE Engineer Cook reviewed the Kelly Avenue drainage problem. Current culverts are not functioning properly. The existing system should be replaced with culverts placed in correct locations. He referred to a diagram with four alternate solutions. Alternatives C or D best address the water quality problem. There would be somewhat less maintenance with Alternative D. Easement costs and tree removal have not been included in the project estimates. Raising Kelly Avenue had been considered but there is still the potential for damcge and it really doesn’t take care of the drainage problem. Since no individual property owner will realize significant benefit, it is difficult to do a special assessment on this type of project. A storm water utility could be initiated City-wide to provide funding for these types of projects. Similar situations exist on Highland and Livingston. Kelly and Jabbour felt this was a very dangerou.s area and preliminaiy discussions should continue with property owners in the area. Goetten felt there was a responsibility to the citizens of Orono to address this problem. Hurr did not feel the proposed schedule was realistic with construction proposed for September 19, 1994. Mayor Callahan noted the possible cost was $70,000 plus unknown amounts to obtain easements and this information should be provided to residents. Gerhardson will do a written request to property owners to funher discuss the project. MAYOR/COUNCIL REPORT Hurr reported that she had attended the Minnehaha Creek Watershed District meetings related to the water quality of Long Lake. Aeration and chemical (alum) treatment were discussed. The MCWD would assume the major costs but asked if Orono would participate. Hurr indicated to the MCWD that she would need more information before the City could commit to participation. Mayor Callahan commented on the LMCD report regarding septic tank problems. He noted the State Statutes supersede the Shoreland Regulations of the DNR. 8 r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1994 CITY ADMINISTRATOR’S REPORT rm COMPUTER REPLACEMENTS FOR THE FINANCE DEPARTMENT It was moved by Jabbour. seconded by Goeiien. to approve the purchase of two personal computers to replace the existing equipment in the Finance Department at a cost of $2,746; the cost to be funded from the Equipment Outlay Fund ($2,059) and the sewer fund ($687). Ayes 5. nays 0. (/KIO) PERSONAL WATER CRAFT REGUXATION City Administrator Moorse reported that he had been working with the Long Lake City .Administrator to draft an ordinance. Tne LMCD currently enforces a similar ordinance on Uike Minnetonka although it does not totally solve the problem. Since the DNR has jurisdiction over Long Lake and they do not agree with the Uike Minnetonka ordinance, it would be difficult to proceed with that ordinance. The DNR indicated that if Long Lake and Orono had documentation to prove that the personal water craft is causing a nuisance that is specific to Long Lake, they would consider some type of regulation of personal water craft. Citv Administrator Moorse referred to a draft ordinance included in the packet. He included restrictions on racing situations. Kellev stated he had talked with the Long Lake Mayor about the possibility of issuing parking pennits for the Long Lake acce.ss but since the boat launch belongs to the DNR, neither Long Lake or Orono couid restrict its use. Hurr added that the DNR would not work with the cities if they try to limit parking. She suggested they contact the DNR to see if other DNR lakes have similar ordinances. City Administrator Moorse staled that some residents on the lake have video tapes which would be documentation of the problem that exists. He also suggested that the Long Lake lifeguards may be able to keep some records. Reserves and fire fighters could also check Long Lake occasionally. Kelley asked about the noise level since that seems to be a main concern. Moorse responded that the DNR had done a decibel study and most came out at about 81, unmodified. Jabbour Slated the quality and repetition of the noise are what causes the noise problem. Hurr asked how many residents that live on Long Lake have per.sonal watercraft. One resident responded there were none. She felt the main problem was caused by two organized, semi-professional groups of racers - Minnetonka Skiers and Dale’s trom Long Lake. Minnetonka Skiers bring buoys to set up for racing and Dale’s takes the box otf the mutfler making them louder. As soon as the Water Patrol arrives, the offenders quit. The Water Patrol has stated that the temporary buoys are legal. Kelley suggested the City continue to work with the DNR to develop an enforceable and aureeable ordinance. r MINUTES OF THE RFGtLAK ORONO COUNCIL MEETING HELD JULY 25, 1994 Hurt suc'^ested creatine a "quiet water" zone and questioned if the City had the right to do so. City Administrator Moorse stated that if there were agreement by both cities they could restrict water craft to small motors or no motors. Citv Administrator Moorse questioned the enforcement of a 30 minute time limit. He will SntinueTwork w^ Joe L.vnch, the Long Lake City Administrator to develop an elective. enforceable ordinance. Hurr noted that personal water craft have the same rights as boats. (♦#11) REQUEST FOR REFUND OF PARK DEDICATION FEE It was moved bv Jabbour, seconded by Goetten, to authorize the refund of S25 200 park dedication fee due to withdrawal of Application #1818 payable to Russell T. Lund, III. / ves 5, nays 0. f#12) SUBRECIPIENT AGREEMENTS COMMUNTH' DEVELOPMENT BLOCK ' GRANT PROGRAM 1994 - RESOLUTION NO. 3454 It was moved bv Jabbour, seconded by Goetten. to adopt Resolution No. 3454 authorizing the M^vor ami Citv Administrator to execute a subrccipient agreement with Hennepin County for 1994 (Year XX*) Urban Hennepin County Community Development Block Grant Program. Ayes 5, nays 0. (#13) TANDEM PROPERTIES REVIEW OF SUBDIVIDERS AGREEMENT AND SECURITY DEPOSIT ritv Attornev Barrett exDlained the City’s requirement for a subdivider to post a bond in the amLnt of 150% of the value. Originally the subdivider proposed to financially suppon this property with a supplemental mortgage. After reviewing, the City Mtorney - accenting this tvpe of security. After much negotiation, a Letter of Credit in the amount ot r3^» ^nd Xformance^Bond of $420,^ were propo^. ^4^ accented bv the Citv, the developer would then post a $15,000 Letter ot Credit to cover legai costs^and a two-yea^r Warranty Bond to secure any defects in work. j-xS work progresses, the bond is reduced but Letter of Credit is maintained until work to be completed is valued at less than 150% of $300,000 amount. Mabusth added that no building permits would be issued until retention ponds and roads are completed. She noted the final plat resolution accepted a supplemental to te never been accep.ee by the City in .he pas. (Dto c.es have^f. mor.gages. The Ci.y A..omey's office has worked w.Ui .he developer .o cs..iblish .he cutren. security. Hurr stated there should have been a legal review prior to accepting a supplemental mortgage in the final plat resolution. It was moved by Callahan, seconded by Jabbour, to approve the security deposit proposed by Tandem Properties. Ayes 5, nays 0. r MINUTES OF THE REGIILAR ORONO COUNCIL MEETING HELD JULY 25, 1994 (*#14) LICENSES It was moved by Jabbour, seconded by Goetten, to approve the following licenses: Residential Kennel - Ann & Rod Crawford, 4705 North Shore Drive Ayes 5, nays 0. (•#15) BILLS It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds Account. Ayes 5, Nays 0. ADJOURNMENT Mayor Callahan adjourned the meeting to Executive Session to discuss Lasher Landing at 10:02 p.m. Edward J. Callahan, Jr. Mayor ATTEST: Dorothy M. Hallin, City Clerk r RtQUEST FOR COUNCIL ACTION ^ DATE: GOyiHFI0}Hj,^^ HEM NO.: ^ m Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zomne Item Description: ^1942 William Stoddard, 2603 Kelly Avenue - Conditional Use Permit/Variance - Resolution Additional Exhibits L - Approval LePer from Neighbors at 2585 Kelly Avenue M - Cross Section Brief Review of Application The applicant has filed a conditional use permit for proposed improvements to an existing guest house apartment located al'ove the detached garage on the property. The improvements involve the extension of sewer and water to the unit. Tlie applicant has plans to install a bathroom and kitchen area as shown on Exhibit G. The City has no record of granting a conditional use permit in the past for the existing apanment. The additional living space provided expanded bedroom area and/or recreational areas for the previous owner. The structure is in excellent condition. The Building Inspector has confirmed that the 3’ setback from the lot line is adequate and would not require special fire wall construction. The Inspector will require appropriate fire wall separation from garage to apartment area above. The structure has never been formally connected to sewer or w’ater. Connection fees will be required as follows based on 1994 Fee Schedule: Sewer unit = $1,708.10 VV^ater unit = $1,933.00 The contractor has submitted additional information (Exhibit M) advising of a change in the roof line of the structure. This portion of the structure is located in the substandard side yard setback area. The alteration is very slight and is being proposed because of interior upgrades dealing with bathroom and kitchen. If Council feels the improvement requires variance approval, the enclosed resolution may be amended granting a side setback variance. As lot does not meet the required two acres to support two residential units as required by code, a lot area variance of 14, 112 s.f. or .32 acres must be included with the approval of a conditional use permit. r Request for Council Action continued Page 2 of 2 July 27, 1994 William Stoddard. 2605 Kelly Avenue Planning Commission Recommendation The Planning Commission unanimously approved the application as proposed, subject to the findings and conditions set forth in the enclosed resolution. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution granting a conditional use permit for guest house and an area variance as the code requires that all lot standards for guest house must be met. Isv (yA^yUj <LC^1 u CURRENT PROPOSED s .his w11 Note: We would ihe both with 2x improved headroom, and wi 1 1 r>ol-f n F f 1 ) o<=> ike Lo f“eplace LHe 2x4 noFLers over O w visual 1 f ko y F r- O r> f For more insulation, match the architectura non f- K A RESOLUTION GR^LNTLNG A VARIANCE AND CONDITIONAL USE PERMIT PER XnjNICIPAL ZONING CODE SECTION 10.24, StTIDIMSION 3 (A) FILE NO. 1942 WHEREAS, William J. StoUdard (hereinafter the "appli ant") is the owner of the property located at 2605 Kelly Avenue within the City of Orono (hereinafter "City") and legally described as; Lot 5, Block 5, including adjoining vacated 34’ of Kelly Avenue, City of Orono. Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied for a conditional use permit to allow the continued use of a residence structure as a guest house on the property and an area variance as property consists of 73,008 s.f. or 1.68 acres where 87,120 s.f. or 2 acres is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 1 This application was reviewed as Zoning File i'V1942. Tlie property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring one acre in area. The property consists of 73,008 s.f. or 1.68 acre. 3.The Orono Planning Commission reviewed this application on July 18, 1994 and recommended approval of the conditional use permit and variance as proposed, based on the following unique findings and hardships: a.There is no immediately adjacent lands available for applicant to acquire in order to meet the area standard for a second residential unit per the LR- IB area standard. Pane 1 of 5 b. Sewer and water is available to the property and there is adequate capacity to ser\e the second residential unit. c. The second residential structure has e.xisted on the property for over 40 years. d The City has received no negative comments from the adjacent residential properties that would receive the most impact from the intensification m use of the strucmre. e The applicanc has advised in writing that the smicnire shall be used solely for hUguests or visiting members of his family and shall never be used for rental purposes. 5 The Citv Council finds that the conditions existing on this property are peculiar to it anil do not apply generally to other property in this zoning district; that granting the variance would not adversely affect trattic conditions, lig t. air no nose a Tire hazard or other danger to neighboring properties, would not merely wrve as a convenience to the applicant, but is necessary to J demonstrable hardship or difficulty; is necessary to preserve a substantial propeity right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6 The City Council finds that granting a conditional use permit to allow a guest hou.'^e use will not be detrimental to the health, safety or pneral welfare of the public, would not adversely affect light, air nor pose a tire hazard or other danger to neighboring properties, nor will it depreciate surrounding that the proposed level of use of the property will be and objectives of the Zoning Code and Comprehensive Plan of the City. 7 The City Council has considered this application including the SommLaiions of ihc Planning Commission, reports by “""’X by the applicants and other parties and the effect of the proposed vanance on the health, safety and welfare of the community. Pace 2 of 5 W r 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 per Municipal Zoning Code Section 10.24, Subdivision 3 (A) for the existing guest apanment above the detached garage to be served by sewer and water and grants an area variance of 14,112 s.f. or .32 acres, subject to the following conditions: 1.The residential structure may never be used for rental purposes but shall be for the exclusive use of occupants of principal structure, guests or hired help. Upon application for a building permit, applicant shall make payment for sewer and water connection fees based on 1994 Fee Schedule as follows: 3. 4. 5. 6. Sewer unit = $1,708.10 Water unit = $1,933.00 The applicant is hereby advised that a fire wall separation must be provided between low'er level gange and first floor level guest apartment. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be e.xercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (August 8, 1995). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted he'^ein. 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, herebv asrees to the recoruine of this resolution in the chain of title of the property. Pace 3 of 5 r Adopted by the Orono City Council on this 8th day of August, 1994 ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of August, 1994 by Edward J. Callahan. Jr. and Dorothy M. Hallin. Mayor and Cit> Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 / STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this dav of ss. . 199___, before me a Notary Public within and for said County, personally appeared____________________________________ known to me to be the per:,on(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 (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 r : \ REQUEST FOR COUNCIL ACTION ® 1994ortQfon^ DATE: August 2, 1994 ITEM NO.; if ■PPUjjLj'Department ApproTal: ^ta■M Jeanne A. Mabusth TMc BuiMing Jk Zoning Administraior Admiiiistrator Reviewed:Agenda Sectioa: Zoning Item Deecri|i #1945 Robert and Velma Wolff, 4450 Forest Lsjx Landing > Variances - Resolution Add lal Exhibits H - Amended Hardcover Plan Review of Hardcover as Amended by Plannbig C • I I I I ( I kX’* .1,1 V. » . I M M . I I M ’ 1 • J Section 10.22, Subd. 2 A. 0-75’ setback area = 3,825 s.f. Allowed s 0 Existing « 26 s.f. B 75-250’ setback area = 6,761 s.f. Allowed » 1,690 s.f. or 25% Existing * 3,513 s.f. or 51.9% Amended proposal - 3,080 s.f. or 45.5% Hardcover re^tion of 433 s.f. or 6.4% Brief Review of Applkati The applicants request approval of an average lakeshore setback variance for a 10’ x 14’ three season porch to be installed within the area of an existing lakeside deck. The existing deck is 26’ in front of the average lakeshore setback line. The intensification of structure located 6.5’ from side lot line requires approval of a side setback variance. The City has received no negative comments from the neighbors to either the north or south. The :>tnicture will have a minimal impact on the residence to the south side. The residence to the north will not see the porch as it is located at applicant’s southeast side of the residence completely out of the view of the residence of the property to the north. The T’esidence was constnicted prior to the current lakeshore/shoreland standards. iMM. I <liRequot lior ComcU Ai ptge2 of 2 August 2, 1994 #1945 Robcft and Vdma WoUf lied The property does not meet the current standards of the LR-IB zoning district requiring one acre in area. The subject property consists of 10,586 s.f. The required lot width is 140*. The average width of the subject properQr is 54*. ■ TK Planning Commission recommended unanimous approval of the variance applicai as amended. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission approval. Please review the enclosed staff memo of July 12,1994 for more detail i.«id badcuound COUNCIL ACTION REQUESTED: Toeii or amend the enclosed annroval resolution. i vs. . •, , * ] i idU , /od ^♦’rtcM(.i./ ^.*/y^ y ■ \ A IffiSOLUnON GRANTING VARIANCES TO MUNICIPAL ZmiNG CODE SECTION lR.t3, SUBDIVISION 14 (Q, SECTION If A SUBDIVISIONS 1 (B) AND2 AND SECTKW lf.24, SUBDIVISION S (B) FILE NO. 1945 WHEREAS, Robot L. Wolff and Vdmi A. Wolff (hocinafter "the applicants*) aie the owners of the property located at 4330 Forest Lake Landing within the City of Orono and legally described as follows: lAA-. V.< «• "r.. Lot 11. Toidaview Gardens. Hennepin County. Minnesoia (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to the Municipal Tnwtiig Code to permit construction of a 10’ x 14* three season pmch within the envelope of the cxistiiv deck at the lakeside of the resideiicc requiring approval of the foUowing variances: SfytH* 10.03. Subdivision 14 (C) - Lot coverage or structural variance Allowed * 1.387.9 s.f. or 13% Existii« « 2.032 s.f. or 19.3% Proposed - 2.032 s.f. or 19.3% Section 10.22. Subdivision 1 (B) - Average lakeshore setback. Allowed « 0’ Existing structure « 26* Proposed three season porch » 26* Section 10.22. Subdivision 2 - Hardcover within the 73-230’ setback area. Allowed = 1.690 s.f. or 23% Existing * 3.313 s.f. or 31.9% Proposed = 3.080 s.f. or 43.3 % Hardcover reduction * 433 s.f. or 6.4% Page 1 of 6 ! < Ba rrel I IfII ' yfr i^mAiiir'riJ A > :h'i'i i • 1. 2. 3. 10.24. Siibdi\tsioo 5 (B) - Side yird xAack for ii stfucmie within substtni taid »idc yiid. Required * 10 ’ m 6.5’ Propoeed * 6.5* Variance “ 3.5 ’ or 35% msifkation of NOW, THEREIORE, BE IT RESOLVED by the City Council of Orono.x'lr FINDINGS Thif appli reviewed as Zoning File #1045 unique findings and hardships: residence to the south side. The lesktence to tte north wiU not see the porch as it is located at southeast side of the residence completely out of the view of the residence to the north. B.The residence was constructed prior to the current lakeshore/shoreland standards. The property does not meet the current standards of the LR-IB zo^ distriTWiring one acre in area. The sub^ property coMistt of 10,586 s.f. The requited lot width is 140 ’. The average width of subject property is 54’. Page 2 of 6 ■ .............----- Tbe City Council finds dial the conditions existinf on this prope rty ace peculiar lo it and do not apply fenerally to ocher propeity in this loninf district: tl^ granting the variances would not adversely aflect traffic conditions, light, air nor pose a file haxacd or ocher danger to neighboring propeity; would not merely serve as a convenience to the applicant, hut b necessaiy to alleviate a dem onstrah k hardship or difficulty; is necessaiy to preserve a substantial property right of the applicant; and would be in keepiiig with the spirit and intent of the Zoning Code and Comprehen sive Plan of City. The City Council has considered thb application including the findings and re comme ndations of the Planning Commission, reports by City staff, comme nts by the applicant and die effect of the proposed variance on the health, safety and welfare of the communiQr. CONCLUSIONS, ORDER AND CONDITIONS Based upmi one or more of the above fuidings, the Orono City Council hereby grants variances to the Municipal Zonii^ Code Sections noted above that would permit the construction of a 10 ’ x 14’ three seastm porch at the southeast comer of the existing lakeside deck approving an intensification of a portkMi of the structure that encroaches the average lakeshore sediack line by 26’, a side setback variance of 3.5’ or 35%, imensificatioo of a portion of the structure that encroaches the required side yard, lot coverage variance for an intensification of structure where excesses of464.1 s.f. or 4.3% exist, and a hardcover variance within the 75-250 ’ setback area of 1,390 s.f. or 20.5%, subject to the following conditions: 1.All hardcover removals as shown on Page 6 of this resolution shall be removed prior to the framing inqiiection for the new construction. Applicant shall contact Building staff to ccMifirm hardcover removals. 2.Authorities granted by this resolution run with the property not with the applicaius, but are permissive (Mily and must be exercised by application for a building permit witMn one year of the date of Council approval, or this variance will expire on that date (August 8, 1995). Page 3 of 6 iitt^gi.T 'rfi' ( * 3.Violatioii of or noo-compliaiice with ai^ of the tenns and conditions of thu itsolutioo shall constitme a violatioo of the zoninf code, shall automatically letminaie any Mthoriiy framed herein, and shall be punishable as a misdei TIk undersigned applkams have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns. Ilf fly i^ree to the recording of this mohition in Chain of Title of the property. held on the d by the City Council of the City of Otono. Minneaoca at a regular meeung day of August. 1994. ATTEST: Dorothy M Edward J. Callahan. Jr.. Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of August. 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 4 of 6 .ar,Vvi k- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of ___199__ before me a Notary Public within and for said county, per known to me to be'thc person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of ___, 199_before me a Notary Public within and for said county, personally appeared^_________________________^^-------------- known to me to be the perils) described in and who executed the foregoing insttument,and acknowledged that he (they) executed the same as his (their) fm act and deed. NOTARY PUBUC STATE OF MINNESOTA ) )». COUNTY OF HENNEPIN ) On this____day of ___, 199 before me a Notary Public within and for said county, personally appeared »wn to me to be the person(s) described in and who executed the foregoing instr\iment,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 5 of 6 ■*^.ssssc .*1 • • ' 1*^ 1" ,‘-UI.)»! M !■ IK \ i f \^\,A ipiiSI* • « io6[/, 33'^^ /CO ^ ■ I i 1 4] •. ’ToC:i ^9tV!y-oi ^.4y^ ' Page 6 of 6 V rfS- ..... r . -'4 REQUEST FOR COUNCIL ACTION 4 *” ® /994 DATE: ITEM NO. ^ Dcptft III • >Approval: Jeamie A. MabustL IHie Buildiof & Zoning Administnuor Administrator Reviewed:AfendaSecti( Zoning OcKripIkNi:#1947 Sailon World, 1955 Slioieluie Drive Variance/Conuneiciil Site Plan Review • Resolution Amended AddMonal Exhibits K - Speed Letter, Ceil Strauss of DNR L • Site Plan of Location Approved by DNR M • Engineer ’s Report Brief • IIIof Amended Ap w I • I, r The applicant has filed the necessary amended variance/commercial site plan review application as directed by Council at their June 27th meeting. Review Exhibit I. Applicant’s proposal involves the relocation of the storage module to Stall 21 in an attempt to minimixe the visual impact upon an adjacent residential neighbor to the west. Review Exhibit B. The neighbor’s property is identified as Parcel A. The neighboring property owner advised that relocating structure to Stall 21 would still have a negative impact iqx>n his views. Staff noted the ordinances of the City do not afford a property owner on the opposite side of the street a right to a lake view and that the City has not been made aware of any special view easements in favor of the land owner. The applicant advised that this does not exist. It b Mr. DeSantis’ intent to maintain a frierxlly and cooperative relationship with the adjacent neighbors. This is why he has filed for the amended variance application. Plaiuiing Commission members preferred Stalls 16 - 20, fmding the area suitably screened with existing dense vegetation noting also that placement of a structure to the south sub of property would minimize sighting problems at access location. They also noted that only the 8 ’ side would be exposed to the roadway with the use of StaUs 17 - 20. Staff reviewed the concerns of the Department of Natural Resources noting that they would not approve a plan that involved an increase in hardcover nor an cntroachment of the DNR lakeshore setback standards. Stalls 16 • 20 are located within the 75 ’ setback area, review Exhibit I. Stalls 16 - 18 are located within the DNR 50’ required lakeshore setback. The Planning Commission unanimously approved the amended application that would allow Sailors World to relrcate the 8 ’ x 20’ storage module now located within Stall 34 to either Stall 16, 17, 18, 19, 20 or 21 and directed staff to contact the DNR to determine what stalls would be acceptable for the relocation of the structure and for staff to nudee an analysis of the landscaping neiub and safety issues regarding visual impact of structure if moved closer to street lot line. COUNCIL ACTION ^datc :item NO. ^iLi'i rator Reviewed:AsendaSectii Zoning IW5 Shoreline Drive te Plan Review - Resolution Amended ^R by DNR ^le to Stoll 21 in an attempt to minimize the Jborto^wcst. Review Exhibit B. The neightonng property owner advised that negative impact upon his views. Staff noted rty owner on the opposite side of the street a S*dhi! h"* view easements « Mr. DeSantis’ tiomhip with the adjacent neighbors. This isaiion. ^ area suitably that p acement of a structure to the south side iccess lotion. They also noted that only the ! use of Stolls 17 - 20. ^ meat of Natural Resources noting that they 8c in hardcover nor an encroachment of the Jlocated within the 75’ setback area, review vR 50 required lakeshore setback. proved the amended application that would module now locaied within Stall 34 to either > contact the DNR to deteimine what stalls are and for staff to make an analysis of the impact of stnicture if moved closer to street * 1 I ! 1 : I i' for Council Action continued page 2 of 3 July 29, 1994 #1947 Sailors World, 1955 Shoreline Drive Review Exhibits K and L. Ceil Strauss of the DNR has aiqjroved either Stolls 19 or 20. Review Exhibit M, staff met with the Engineer at the site to review any sighting issues with tte use of Stalls 19. 20 or 21. We both recommend against the use of Stall 20 of polentiti hazards with the side loading doon adjacent to access drive to marina. Stalb 19 and 21 would not impact sighting at intersection. Existing landscaping will not provide desired scre^rf^ture. Evergreen type plantings were recommended by Plannipg Commission and they asked that a landscape plan be provided by the end of August with a plantiiig schedule. Comparison of Stalls 19 and 21. Stoll 19 Structure located within 0-75’ lakeshore setback. Loss of use of Stolls 16 and possibly 17. Less visual impact as 8’ side exposed to County road. No sighting problem at intersection. Location acceptable to neighboring property owner. StaU21 1. Structure located out of lakeshore setback. 2. ' No loss of additional stalls. 3. More visual impact on 20’ side exposed to County road. 4. No sighting problem at intersection. 5. Location not acceptable to neighboring property owner. oTActi« To deny reqiii^.:* tij amend variance Application #1874, OR To approve applicant’s amended variance application and to approve Stoll as new location for 8’ x 20’ storage module requiring landscape plan with planting schedule of evergreen plantmgs by August 22, 1994 Council meeting. COUNCIL ACTION REQUESTED: To provide conceptual direction to staff so that an appropriate resolution can be drafted for Council’s action at their August 22nd meeting. —FROM SPEED LETTER-U«^L .,.UU fJUt Z i 19MOe\\ S--k^...c M ■»._ r »-4 vj ^ -^>J- -Hl-S-OSlO Av—ej I fV O kj (L- <-j •? toy;\n Y—/ -L 9C 7(kma0^s0$ C« M IS jKOAl) -... 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Mabusth, Bvildiai sad Zoaiaf Adaiiaistniter Cityof Oroao Poft Ofiiee Boa 66 Ciytial Bay, Miaatfoti 55323 Ra: Sailor*a World Fik No. 139-Qta Dear Jcaaac, !».«««liKitSiflflc’lWwM OB StowUMPriw Witt iwptrtytt, prapandlec«too,(<ln«eta|,baiUia|. EHter«tth«t>opMUa»yc,i. W«^2U w SitaM. loettioo, tor ii» •«o«|* ia PlMie coBliet m, at lhl» o»e« if y«i hm wy sarriOB* r,g»dto| «W» Yonrs vary truly, BONESTROO, ROSENE, ANDERUK A ASSOCIATES, INC Shawn D. OustafiMn, P.E - 3lO I REQUEST FOR COUNCIL ACTION HATE: 8 1994 ITEM NO.: ^ Niat Mkhid P. Gaffiroa AfcMia Zoning TMc VI neUmd Flexibility Request - City of Mound Attached is a seccnd 9»idaiid Flexfinlky Request from the CiQr of Mound. Note that as the shoieland review process matured. DNR reduced the comment preiod from 45 days to 10 days, leaving only a short window for review by adjacent cities. Mound initially asked for flexibility as to lot size and width, PUD density, haidcover, building height, and an allowance for lockboxes at the shoreline similar to Orono’s ordinance. They have now requested flexibility in two additional areas: 1. 10’ setback from the top of a Muff in existing developed areas rather dum 30* (still would require 30 ’ for new development). 2. Decrease in structure setback from Federal, State or County roads from 50’ to 20*. Otono’s similar request %ras accepted. The actual impact of a 10’ top of bluff setback is dependent on defining the top of the bluff, coupled with tte minimum required lakeshore setback. Staff has not reviewed Mound’s entire ordinance, but, assuming » minimum 50’ setback from Lake Minnetonka and assuming use of DNR’s "common sense" top of bhiff definition, the visual inqiact could be severe in cases. However, it can certainly be argued that their proposed ordinance will reduce the number of bluff setback variance requests for additions or reconstruction in existing devek^ied areas. COUNCIL ACTION REQUESTED: Direct staff to respond to DNR and Mound if Council feels a response is necessary. t. fHOMf NO. STATI Of _^OEPARTMENT OF NATURAL RESOURCES mnto HATtRS - ijoo luumt* road, st. paui, hh ssim 77a-7»10 M C July 28, 1994 AUC 1 1994 CiTYOFOHONO Th« Honorublu Idifurd Callahan Mayor of Orono P* O* Box 88 Crystal Bay, MM 55323-0066 Oaar Mayor Callahan: REVIBM AND COMMENT ON CITY OP NOOND'S K STATE OP MINNESOTA'S SHORELANO MANAG ^ •1*) *T POB PLEXXBILITY FROM T STANDARDS raquirod by ths statovido shornland Managanant standards, tha Conissionar of tha Ninnasota Dapartaant of Natural Rasourcas (DNR) and tha City of Mound ara haraby notifying your city of Mound's raquast for flaxibility froa tha statawida standards as outlinad balow and in Mark Koaglar's July 22, 1994 lattar (copy anelosad). in accordanca with tha rulas, tha coaaissionar and tha city aust solicit tha input and approval of othar govamaantal bodias that could ba affactad or iapactad by tha altamata controls. Plaasa note that an aarliar flaxibility raguast for Nou^ (datad Saptaabar 22, 1992) was circulatad for from tha naig^iboring coaaunitias through tha Laka Minnatonka Consarvation District (IMCD) Technical Raviaw CooBittaa that nat in 1992 and 1993 to coordinate tha adoption of Shoraland Managaaant Regulations in tha 14 Laka Minnatonka coaxunitias. During aora detailed raviaw of tha City of Mound's Shoraland Managaaant regulations, t%ro found ^at should have bean included in tha original flaxibility raquast. Tha city and tha DNR ara asking that you provide your raviaw and coaaants, if any, to either DNR or tha city within lo dava of tha data of this lattar. If no response is racaivad prior to than, wa will assuaa that your city has no concama with tha neighboring city's proposal. Tha City of Mound is requesting flaxibility froa tha following statawida standards: 1.Dacraasa in structure setback froa bluffs. Mound proposes a niniaua 10 foot setback froa tha top of a bluff in existing developed areas (versus stats ainiaua of 30 feat). Haw davalopaant areas would have a ainiaua top of bluff setback of 30 feet. } i i i '%•oi ^K/rn t n 1 < TIm Honmrabl* Edward Callahan July 29, 19f4 Eaga (2) 2.Daeraaaa in ainiaui sathack froa right-of-way lina of fadaral^ stata or county highways. Mound proposas a ainiaua 20 foot sathack (varsus stata ainiaua of SO foot). As statad aarliar* plaasa hava appropriata staff raviaw tha proposad flaxibility raquast and, if nacassary, provida your eoaaants to aa at tha addrass listad ahova within lo days. It thara ara any quastions, do not hasitata to contact aithar Mark KOaglar, Mound consulting City Plannar at 13S-9900, or aa at 772- 7910. Sincaraly, Cail Strauss Araa Hydrologist CCS/cs Mika Gaffron, City Plannar Mark Beaglar, Mound Consulting Id Fi^, Shoraland Hydrologist ClTYofmONO iMii jsm Jantiary 14, 1993 Mayor Skip Johnson City of Mound 5341 May%iood Road Mound, Minnesota 55364 Dear Mayor Johnson: Orono h*« r«vi«wd_ y°“f_ find'no riS^S^tt'rt)”«**o th«». *re will al,o be expre.eing our view separately to the DNR. a _ _ ^9 Sincerely, Diann Goett<^ Acting Mayor JDG/ch * • telephone -473-7357 • ELX-4T345W V ' • " - 1!.....a,■csir«r- STATi OP DEPARTMENT OF NATURAL RESOURCES ^j Kd18^'V200 WAiUlER TOAD, ST. PAUL, HM 55106 (612) 772-7916 PILE NO. October 29, 1992 Tho BonerAblo BArbara patorson Mayor, City of Orono P.O. Box 164 Crystal Bay, MH 55323 Daar Mayor Patarson: REVIBN AMO COMMENT ON CITY OF MOUND'S REQUEST FOR FLEXIBILITY FROM STATE OF MINNESOTA'S SHORELAMD MANACEMENT STANDARDS S.JSSSi7, s: SS22 CS2J MSS could ba affactad or ispactad by tha altarnata controls, ^a ci^Y SS tha SS a\a askllir that Y®" «i^y ProvWa^J;eonants if any. to aithar DNR or tha city within 45 days of tha data of thia lottar. If no raaponsa is racaiv^ prior .J" that your city has no concams with tha naiQhborin^ city's proposal. Tha City of Mound is raquasting flaxibility fron tha following statawida standards: 1. Lot siza and width. 2. Rasidantial dansity as ralatad to Plannad Unit Davalopsants, 3. 4. 5. Inparvious surfaca covarage Building haight. Elimination of tha satbacJc raguiramant for a spacific typa of watar oriantad accassory structura. Tha city is asking for flexibility to allow lock boxes (used to store SSai Jnd baach aquipaint) which are li»itad to 20 squara feat in area to ba setback anywhere within tha shore impact zona. Tha statawida standards require that any watar oriantad accassory structures located within tha shore impact zona ba setback at least 10 feat landward of tha ordinary high watar level of any public waters. AN EQU L OPPORTUNITY EMPLOYER 1 city of Mound rioxibility Roquost Oetobor 29, 1992 Pogo (2) Siiieo tho city's roquost is cosplox, s thorough discussion of this roquost is sttschod for you snd/or your staff to roviov. Tho abovo roquosts havo boon prosontod by Mound's roprosontativo for roviov and discussion by roprosontativos of 11 Lako Hinnotonka citios vho aro working togothor as a Tochnical Roviov Cosnittoo for tto purposo of rovioving and discussing individual city's flexibility roquosts affecting Lako MinnoterJe^. Re problons vith tho city's roquost havo boon notod at any of those oootings. As stated earlier, please havo appropriate staff roviov tho proposed flexibility roquost and, if necessary, provide your conoonts to oo at tho address listed abovo vithin 4S days. Zf there aro any questions, do not hesitate to contact either Nark Keoglor, Mound's planning consultant at •39-9960, Coil Strauss of this office at 772-7910, or no at 772-7916. Sincerely, Edvard L. Pick Shoroland Hydrologist Enclosure cc:John Line Stine, Regional Hydrologist Ogbasghi Siun, Supervisor, Land Use Manageaent Unit City Administrator/Clerk L. Ci request for council action DATE: August ITEM NO: fT, * J994 Agenda Section: Dorothy Hsilia TMk aqrOcffc Apfwinnneni of Eketion Judges for State Prinuiy Eketkm - Septenrt^ \99^ 1 ► Mill-ot: ProiKMed Resolutkm Apfwintiiig Eketkm Judges fo^ September 13. l»4. Primary Eketkm RigggISyildState Statute 204B.21. Subd. 2 stales that the City must appoint eiecnoii primary election 25 days prior to the e* •judges for the upcoming -Mt t » rnuncii adopt the attached resolution listing the names of qualified persons who have their willingness to serve as election judges at the primary election September 13. 1994. COUNCIL ACTION REQUESTED: Motion to approve Resolution No.__appointing election judges for the September 13. 1994, primary election. Ayes_. nays_. r -f A RESOLUTION APTOINTING ELECTION JUDGES FOR THE PtlMARY ELECnm TO ns HELD SfFTEMKR 13, 1994 BE IT RESOLVED, that pursuant to Minnesota Ekctkm Laws 204B.21, Subd. 2 the followiiy persons are appointed as electkm judges for the Primary Election to be held September 13, 1994. A1 Ackennann Maxwell Alvocd Beverly Bkxnberg Maty Butler Bomiie David Ruth Eistnger Eleanor Ferril Arliss Gadbaw H. Monica Navratil I.r i• i ty Rausc Joyce Shemanei Marilyn Thome R. W. Toward f rfer Thomas L Aldrich n Vemice Berg Ktfhleen Burach Michael Butler Norma Jean Dickey James Erier Wanda Fischbach Barbara Garcia Lou Ann Powell Beverly Sauer Mary Aim Si Helen Toward • I i ‘‘-•v I Adopted by the City Council of the CiQr of Orono, Min held August 8. 1994. ta ata regular meeting Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk 1 I 1 PPIPIm 1«( ^ A^ftue 4 REQUEST FOR COUNCIL ACTION DATE: August 4, ITEM NO: N mc : RonMoone TMe: City Administrator • I « 'Dcaori]. City Legal Services mniBistrator Reviewed:^ - V I . •Afcnda City Administnior’s Rqmt '/ ■-1 Sclectioii of Legal Service Finn Several mooilis ago the City advertised for proposals for the proviskm of legal services to the C^. The CiQr received ei|^ (8) proposals and interviewed three firms. One of the three firms was the current legal service provider Popham Haik. At its August 1 work session the Council discussed the level of service provided by Popham Haik in conqxarison with die other firms. The consensus of the Council was that the Popham Haik firm should be retained. £fi» The fees proposed by Popham Haik include a monthly retainer of $1400.00 covering preparation for and attendance at City Council meetings and general consultation not requiring extensive research, and an hourly rate of $105.00 for associates and $115.00 for shareholders. TL'is rate would apply to all services not coveted by the monthly retainer. These rates are significandy reduced from the "standard" rates of the Popham Haik legal staff. The standard rates range from $125.00 per hour to $205.00 per hour. The proposal provides that for legal services that can be charged to developers or other land use ^iplicants, the standard rates would be charged. COUNCIL ACTION REQUESTED: Motion to retain the firm of Popham Haik as the city’s legal fiim. V i t. r i ! i r i j I !- i » • request for council action env DATE: August 5. ITEM NO:/O Dorodiy IMlin TMIe CiiyCkfk AfciMia CiiyA rMcr ’sRcpiMt Rob Docripli List of Liceiises for Council Appfovtl Home Oixupitkm Ucense Se* ABKhed Memo by P 650 Nonh Brown Roed COUNCIL ACTION REQUESfED: See memo. I r- -Y s’-! ' r i L/; r V-' REQUEST FOR COUNCIL ACTION DATE: August 2. 1994 ITEM NO TMt A<iiBlui« Michael P. GafThio Assistaoi Plaoniof A Zooiiif Admioisttaior ralor Revicuvd:Agenda Section: Zoning ■#— Docriptioa: Home Occupatkm license - 650 North Brown Road list of Exhibitf A - B - C - D - E - F - O - Application Letter of Request Photos Site Plan Survey 1989 Air Photo Plat Map Applicants Warren and Tana Garrett request a Home Occupation license for their lawn care and snow removal service to be operated from their residence at 650 North Brown Road. They concurrently have applied for a permit to construct a 1600 s.f. garage (legal under the "oversire accessory structure" ordinance for this 3.93 acre sewered lot) to be used for storage of personal items and commercial lawn service equipment in the off-season. Please review the applicant ’s letter of request. Of concern to City reviewing staff are the following: 1.The 28 ’ aluminum trailer exceeds 20’ in length and therefore cannot be stored outside on the property per Zoning Code Section 10.60. Subd. 13. 2.Although it is perhaps a minor issue, the storage of fuels, solvents and lubneants of a m«g"»n»<<g somewhat greater than a single family residence use, might occur within the garage structure. 3. Impact of the proposed use on neighboring properties is of great concern: lilnile the summer lawn service business (^ration is pressed to be conducted from the Long Lake Power Equipment property, repair arid storage of summer equipment will occur at the garage and likely result in employees coming arid going from the site in the summer. I- Request for CouncU Actioo o page 2 of 3 August 2, 1994 Home Occupatioo Liceose*650 North Brown Road Winter snow removal activity will be based at this garage, with the likely result being: Complainis of noise at odd hours (starting up the plows at 2 a.m.) Fihaiist odors. Lights. Ihifinp« traffic on a driveway serving a dozen town homes. Visual impact. The Inspections Department has been contacted informally by representatives of the town homes who apparently are not in fovor of said use. They acknowledge that applicants* residence property doa include an easement for driveway puiposes over the town house driveway. Applicants propose lo screen the three notHioor sides of the garage with evergreens. This building b proposed to be located approximately 150-2(X)* from the nearest town home. It is staffs impression that applicants have not proceeded with the structure pending resolve of the home occupation license question. Code n 11 « i Section 5.40, Subdivision 1 requites that home occupations be licensed. Subdivision 2 allows issuance of a license only if the conditions set forth in the zoning chapter are ft^y complied with. Zonii^ Code Section 10.20, Subdivision 4 (C) con*:i:iis the following requirements: 1. Home occupations nuy be engaged in only by persons residing in their dwelling 2. 3. 4. 5. 6. There may be no employed assistants. The home occupation must be conducted within the principal structure. Evidence of the home occupation cannot be visible from the street. No signs other than those permitted in districts are allowed. No excessive stock and trade may be stored on the premises. 7. No over-the-counter retail sales are allowed * * *i' TT Request for Council Actkm continued page 3 of 3 August 2, 1994 Home Occupation License-650 Nofth Brown Road 8 The enhance to the home occupation must be gamed from within die residence structure. The use must not adversely affect the character of the uses permitted in the district in which it is located. Professional practices (consultation, emergency treating or performance of religious rights) may be allowed in special circumstances involving no more than three off-street parkii^ spaces for tte occupant and visitors. StalTE - In stafTs opinion, the proposed use does not meet requirements 1,2,3, an A review of home occupMkm liceme fiks back to 1985 indicates 12 cunem lieeiism. These include an electrical comractor. an attoniey Ming his home » hB ofHc^ a maro^ hmness. 3 buiMini contiactoo. a gaiden design cotmactor. a tnaiketmg com^ woed processing service, a musical booking service, a carnage fesmiation bustnw, order Many of these ate low key and meet all of the home occivatiM «anto^ ItowUet, such uses (whether licensed or not) that involve trucks, equipment, and employees coming and going generally have resulted in complaints. Staff recommends that the requested license be denied based on not meeting all ten standards. The applicants should be allowed to address the Council regarding their proposal. Council Opti Deny. Table (for mote information or ?) Direct ^licant to apply for variances to standards of Section 10.20, Subd. 4 (C). (This will trigger public hearing notification.) Other. •!1» - - nee I of lian [ally use long up. ises. iring ance mail irds. yees I ten [>sal. KC). Sate Lieonso -P.O. BOX »». ---------- eaf Ueonxo gxpig*^ _ gl,|i:-in!^iSrioS «* wai BOMB OCCOPATICW iSSl mis<CITY 8 ----------------------------------- citT staff shall bavs flTs X»»M ■■T bo roookod If W wShmJL* o ‘ 4==f, ssssf-— -« foarth McMday ef sBCb • K« • JD MKcmL COB* mmeauaxon ;,S3S^ sxmoxnsicm * (c) Prohlbitsd Hems Occupation Practices.bitod BOO. occ»p.»-.. ^ aecopotlen to It i» li«*'-***‘uieaao in oparotion vitae-- prop.* ..oad in *t. batin.»» »u»t «»i4« i*All p.raen. «g.9oa xn - ________ _ £ ranidantlal xona. 4 in trad. MY b« •««« ®“ 50.NO sxcassiva stock in -traoa a. di m»rrnM is not allowed.Ovor th. eountar retail *«lo* i» »»- . boo. ceeup.ticn »u.t b. g.in.d £ro» »VlHih±h' -BJ.,,Entrance to the home occup* — — ■« ^ ----------— ■■■ “ f??i “i” cV^c:n:r ' c/uc«;r Signature of Zoning Official: Signature of Fire Inspector: Date: 10.00five B^OS letioD I (10) II be held Lon to ,n the ;f OiWQ C£ OFFICE 50. 50. -wm' YC. Orono is the !■ r i IiTtiTTlffi. Oi' BtgUJIXEESsIlMSt 'fji —ADOlUSSS 1 /39Zti M — DATS OF ■— ADDXSSS s. DATE OF BIRTH* ■yyVZfe- ZIPs date of births, ADOBESS: CITYs ZIPs^ DATS OF BIRTH: cmxAH'l^ DATE OF y-N’(fiL laiiEt Y/a.s:s^39s DATE OF ZIP: DATE OF BIRTH: address: CITY:_ZIP* DATE OF BIRTH* .'L.Li=sr:— i:i 1^fr~"-s;'T. A h■ k • t ■• ¥h T A »: i • I ^ * **' »^ . vf| y*:i l..r>V h * From:July 18. 1994Tlie City of Orono Hanniii{ Commission The City of Orono CouncilWarren and Tana Garrett 650 North Brown Rood Long Lake. MN 55356 Telephone: Home* Office- 476^19 476-5296 Suliject:Activities to be performed at the pro Brown Road, L^ Lake. t1 Garage Building, located at 650 North I, Wanon Gamtl, own and operair Warren Garreil Lawn Cam, my service has bm operating for eight years. In the previous years I operated from 4016 Brunswick Avenue, St. Louis Park, for one year; foM 16115 Lake Street Extension, Minoetonka. for four years; and from 5232 Mkhaele Lane, hfinnnnnki, for one yean all of whkh are in ”R” districts. At those three locatioiu I operated my business without a home occupation license; and I had no problems or comiMaints with my neighbors. For the last year and one4ialf until the present. I’ve operated from 2285 Daniels Street, Long Lake, fw Stonge of equipment. All offioe duties and lelephotie communications with my customers, for this period, have been pc^onned from my home located at 650 North Brown Road, Long Lake. Warm Quiult Lnum Care performs its services on the site of its customers. In a normal year the operation includes: Lawn care from April * November and snow removal from November - March. Also, lam a 1/3 partner in Long t^fce Power Equipment which is presently located at 2235 Daniels Street, Long Lake, but is sdheduled to move before the end of 1994, to 2065 West Wayzata Blvd. Long Lake. I am proposing oonstnictioa of a 1600 sq.ft, garage on our property that will be used for Mo^e of boUi personal items and off-season equipment for my Lawn Service. The garage building will be archilectuialJy styled like our home (Exhibit A) which wUl not be visible from North Brown Road. The devatkm of the garage will be twenty feet The garage will have six foot or larger spruce trees planted around three sides of the building to give year-round screening. To help limit activity at the garage, I have purchased a Father-light 28 ’ enclosed aluminum trailer (Exhibit C) to carry in-season equipment. The trailer will be stored year around at Long Lake Power Equipment Each change of season wiU require this trailer to come to the garage and be loaded with the stored lawn equipment and moved back to Long Lake Power equipment. The lawn service’s daily operations will be conducted from that site during the summer season of April - November. My employaes will assemble and park their vehicles at that location. From time to time, myself or one of my employaes may be required to come to the garage to repair or pick-up a piece of equipment that is not used on a daily basis. My office operations will continue from the main dwelling. During the winter-season, the garage Interior will store my truck (exhibit B), and all of my summer power equipment. Also, during the winter season I perform snow removal services for some of my • customers. We perform tius s^ice when it snows 2* or more, which has averaged 10 snowfalls per winter. That eperation would aitail two employees meeting me at the garage for snow removal. They will park their vehicles inside the garage for the duration of the snow removal penod. My personal truck (Exhibit D) is also used for my business. Due to its length, it does not fit in our garage and will be parked beside the main house garage. V • *«• mm m w mm ^ • • • «•»• mm** * ^ mm m m m "^m mm mm w • «»rm mm wm fim m* ^ mm mmm mm m m mmm . • •• 9 •Wmm^rnmmi?•m^mm • •••♦*-• m jm f%mwm z s:sfi.-s« V-z n m H m••pelmI ^ • •• • •• •• • •« •9 •• •• • •« •• 9 •mm m mm- Ssir-i^c ■i •• i ^ •■ — •• a • ^ m mm — m • a MO. ,*m • 1< r r*» . >1 > i/• r V ^ V4 T* ^ ^ r i *>■* ■"‘•^ ? ^ V ’ '■ A Si V V •: t 'wmI' n >^2:7r^'* t ^ ‘-h' X 3 It" "• * ^ li ^ 1' fcv*' '%fi ’?.'f,V---'it^i. ' ns f ■■'^;.' V '*t••. V'V~stm. t Ni v"a *it -V **I&.« - , '•v;j^E ■ r';' \ • •' .' *> f' — ^ l‘ ■': . ";'7 ‘>vw.' • •__^ V > • '}: ? ':^Mtes>V5i^ ” ‘X a V ^■t: IIS'S?V'lgs ■vAi- ■ -'AjK" ^S^VV'.L«fr?T • >7 •V ^ ifc' ;;- cV: .* 'M 'V ^ ‘ ^ .b-v . >* 7:.r* • .* MOh B ::v •: IT .^ir. C.-V . -•». ,<^ii .iffimi _______'- ^ 'A .’ V • 'i- %. ' , , - c.. '^v -ru -4 ■igi^^'^ I wf*,^ bki‘"^ k\ 7 '■r. . iiw'4. /- ' ; -• -!i'»i,' I . . '7, “.-^t/ vfmy- ■>0S iS-;' k'»>* ;7 ■ • V-4iA.alr^7 '.4i^#•♦1 ^ -i ^ m Oz: <n I ■• '■ ' '* ' < •■- ' Sffi, :-■ .2*,* C&a#K E,mtfktefflii« ■ ' ''y<: '•>“' ' S )"- ^ • ^ > -I ; r.- ■ .'^'V ^ ’"'^v .‘r-^/v *j'’'/:. r T»*^'‘'' • -.'i •' *t i ^ ■V-. . >,*■, 5 %'^-Xy^r;V5K Set 10.to S 5.40 SBC. 5.40. HOME OCCUPATIONS. having obtained a license therefor from the City- «:nKH Reaulation. Licenses will only be issued if Subd. .. . ohhorwise allowed by the Zoning U%11 coVdTuo^ set forth in said Chapter are fully complied with. SBC. 5.41. MACE. t "“^"or'distrfb"tV a'rwh/usale'or retau'r“the'sub/tanc^ ^o™mo"nl? referred to as maoe, without first having obtained a license therefor from the City. Subd. 2. Limitations. A Only persons who are duly authori'ed and licensed “»“”|,t\\on ”sha^^^^^^^ app^rV official sales to, or purchases from, the City Police Department. SBC. 5.42. BUSINESS AND JOINT USB OP LAKE FACILITIES Subd. 1. Definitions. For the purpose of this Section, the following terms have the meanings given them: A "Boat Slip, Water" means a structure, space, acch or other t'hing ^°esigne/or r^iater Storing of a boat temporarily or permanently including mooring posts, buoys or other devices. v.‘s permanently on land adjacent to a lake, whether it is locateo off the of Docking, Mooring, or Storing Boats ” L%-dock?n-^ s^'ort^g-orVt/r in-^e%r persons other than the owner or occupant o. the property ulensee and held for sale, , ""“i' °and space'*held torconnection with a boat or marina business, ana sp docking of boats during or pending repairs or maintenance o boats. ORONO CC 126 (4-1-84) S 10.02 28. -Gu.st. House- T, the*’s”V us^VfHSI constructed on an existing employees or their non-paying «esV“s?’o£ lot requirements shall be met by the guest house. Source: Municipal Code Effective Date: 9-14-67 29. -Hard Cover- - Vhe "d\«=t%Ss"or°^^^^^^ material which interferes to any degree wxth tne of rainfall into the ground. Source: ordinance No. 172 Effective Date: 1-1-75 .♦.^rxn'* - Anv gainful occupation meeting whL engaged in only by persons all of the following ”hen that occupation is conducted residing in their dwelling, ^^^en evidence of the occupa-within the principal structure only, when ev^ tion is not visible from the street. stock in trade permitted in "R- Districts PJ®*®^^counter retail sales are not IS stored on the °''® occupation is gained from within involved, and ®«trance to the home 9.^ residence for the structure. A P"® performance of religious rites consultation, emergency treat . profession when such but not for the general practice ^han three off- It%%%'t*U^Krnri;a:U “foV"t°hro%c\Vant and visitors. ORONO CC 244-1 (4-1-84) AJ(»S 10.20 M. Antenna Structure. One independent antenna structure with antenna or combination of antenna attached thereto, subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna structure does lot lTrV‘^a^disnncrlt*'\\aTt®equart ‘^^^ totir height ‘of the antenna structure. Source: Ordinance No. 177 Effective Date: 6-5-75 Subd. 4. Accessory Uses. Within any "R-IA- One Family A. Garages. Private garages and parking space. B. Pools, etc. Private swimming pool, tennis courts, and paddocks. C. Home Occupations. Any- - nuiiie —j occupation all o£ the £ollo«ing cequirements v^C*ngaged in only by ?Srstreet!©o signs other than those permitted in "R" Districts are oresentVfto excessive stock in trade is stop^ on the premises, (^over'the coiner retail sales are not involved/SHe ^horae occupation is gained from within the structure,©nd the use does not adversely affect the character of the uses permitted in the district in which it is located^ professional his residence for consultation, emeVfency treatment or of reliaious rites but not for general practice of his when such general practice will involve the need for more than three off-street parking spaces for the occupant and visitors. 0. Signs. Signs as regulated in the Zoning Chapter. Temporary Structures. Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. F. Gardens, etc. Gardening and other horticultural uses including aviaries and decorative landscape features. G. Roadside Stands. One roadside stand for sale only farm products produced on the premises . fScatld^at leaJt Th^r^T^f^e'^et^ back*’florn th^pu5lfc'^^gh"t-of-way. Source: Ordinance No. 172 Effective Date: 1-1-75 ORONO CC 281 (4-1-84) 1 \ / /s 10.60 dVtec»b?e ” t“.ny poln^beylnf lo"t%lnl"or?he “slt°e on which the use is located. ^ . Ka 7 Vibration. Any use creating periodic e»'th- Subd. 7. _ _-v he created from a drop forge shall shaking vibrations, iOrations are perce^ible beyond the lot be on Jhich*^ thVuse is located. The standard shall “^aplly « vlLtV« the process of construction. subd. 8.\olate or Heat.^ ,M*ssU2 “Uiri SS pe"r%"r*m23 producing an ^/ing to prevent such heat or light fromwith the n«cessacy shieldi site on which the “se is being lnstances/4hall be diffused or directed -R* blslrlcts and publlc^treets. Subd. *• ,®?|J°f„g'*Vt/^oducts*which *co^^ decompose by Utilization or ®*"“^®fQoaied tvd/less than 400 feet from any R detonation shall be locarea i>oi. District line. \ subd. 10. ScreAl"9 R«<!“ired. Screening shall be required in residential 2<y*ds Vhere: m ehr«aet oarKinq area which contains more than four parting "s"p%°^''an‘d”t\^«Vt^h\n^ 30 feet of an adjoining residential lot line, and, \ B. w/ere the drlvVay to * /“"I?’,V“djoln?ng than six parking /Spaces is «itA>m 15 feet residential lot line. subd. /. SV"""\Vd7e^ncX-r w\u 5oV opVnl herein shall consist of a than f^e feet in height but shall not less than fbur feet J"®'® ^t%et^^ driveway opening onto a not extend within 15 ° he^olaced a*^ng the property lines orstreet. The/screening shall he PUced the street right- in case of screening along a street, -Xga and other planting) of-way with landscaping JV k* ' A louvered fence shall bebetween the screening and the pavement A I^ver ^ considered solid if it blocks be required in approved/ by the Planning Commission may a>lso addition to, or in lieu of, fencing.Ltionr < Subd. 12. Ma^”h®nance.^_^^I^n a^ll^ J^t^ained rs'“4"’o' re"“uh%1giriror ‘7re«7r harmful health or conditions. so safety i Subd. 13. Exterior "''.”oSenV7hail U stored :;:h\\‘“*buudU°or “:uu;^«e^^^^ l“eerorJ.or ‘J /ro°m ”any property line. Source: Ordinance no. 172 — Effective Date: -I-vd J s COUNCIL CHECK NO CHECK REGISTER Fri Aug S CHECK DATE CHECK AMOUNT 1994 t1 00:36ViNDOR DESCRIPTION ACCOUNT »INVOICE PO NUM.Page 1hanuaI03118S1994/08/08 $75.00$75.00*k L T UniOLSTERY CO REPAIR SEAT 8166 0124-4341 2341 OH0311861994/08/08 $19.55$19.55*A T 6 T CIVIL DEFENSE 0129-4320 001744 OH0311871994/08/08 $178.33$178.33*ALBINSON MEASURING ROD 0059-4307 332886 OH0311801994/00/08 $55.26$55.26*ALL STAR ELECTRIC REPLACE LIGHT fi. CO R 0249-4325 9272-30 OH0311891994/08/08 $122.58$122.58*ALL STAR PRO GOLF CO CLUBS fit BAG 0591-4001 11483 OH 031190 1994/08/08 $372.22 $372.22* ANCHOR PAPER COPY PAPER 9001-1261 00955001 OH 1994/08/08 $31.42 AT 6 T INFO SYSTEM LEASE-AUG 0249-4340 5213267381 OH 1994/08/08 $31.42 AT & T INFO SYSTEM LEASE-AUG 0069-4340 5213267301 OH 1994/08/08 $31.42 AT & T INFO SYSTEM LEASE-AUG 0174-4340 5213267381 OH 1994/08/08 $31.42 AT fit T INFO SYSTEM LEASE-AUG 0129-4340 5213267301 OH 031191 1994/08/08 $31.42 $157.10* AT fit T INFO SYSTEM LEASE-AUG 0059-4340 5213267381 OH 031192 1994/08/08 $.38 $.38* AT fiiT LONG DISTANCE 0129-4320 001746 OH 031193 1994/08/08 $44.05 $44.05* ATfiiT INFO SYSTEM LEASE-AUG 94 0129-4340 5213265802 OH 1994/08/08 $51.08 AUGIES MOBILE CHEF SANDWICHES 0591-4802 29539 OH 031194 1994/08/08 $52.64 $103.72* AUGIES MOBILE CHEF MAY BALANCE 0590-4002 MAY BALANCE OH 1994/08/08 $130.52 BIFFS INC SERVICE AT HACKBERRY 0290-4331 BI032160 OH 1994/08/08 $130.52 BIFFS INC SERVICE AT SUMMIT BE 0290-4331 BI032161 OH 1994/08/08 $130.52 BIFFS INC SERVICE AT BEDERWOOD 0290-4331 BI032159 OH 031195 1994/08/08 $65.26 $456.82* BIFFS INC SERVICE AT GOLF COUR 0590-4331 BI032162 OH 1994/08/08 $434.39 BONESTROJ ROSENE ASN MAY MAPS/MISC 0200-4305 29383M OH 1994/08/08 $275.00 BONESTROO ROSENE ASN ENG GEN SEWER HOT SP 0200-4305 29303M OH 1994/08/08 $252.00 BONESTROO ROSENE ASN ENG FOX ST/DNR 0200-4305 29383M OH 1994/08/08 $857.25 BONESTROO ROSENE ASN ENG APPLICATIONS-MAY 0840-4305 29363M OH 1994/08/08 $177.45 BONESTROO ROSENE ASN APRIL MISC/MAPS 0200-4305 029040 OH 1994/08/08 $100.00 BONESTROO ROSENE ASN ENG COUNCIL MTGS-APR 0200-4304 029040 OH 1994/08/08 $83.00 BONESTROO ROSENE ASN ENG L.S. 14/18 0569-4305 029040 OH 1994/08/08 $1,320.00 BONESTROO ROSE* E ASN ENG L.S. 15/20 0569-4305 029040 OH 1994/08/08 $1,361.25 BONESTROO ROSENE ASN ENG APPLICATIONS-APR 0840-4305 029040 OH COUNCIL CHECK REGISTER Fri Aug 5 1994 01:00:36CHECK NO CHECK DATE CHECK amow:t VENDOR DESCRIPTION ACCOUNT #INVOICE 031196 1994/08/081994/08/081994/08/081994/08/081994/08/081994/08/081994/08/081994/08/081994/08/081994/08/08 1994/08/08 1994/08/08 1994/08/08 $788.88$464.50$183.00$126.00$50.00$249.00$249.00$576.00$9,421.53$2,547.28 $348.90 $2,389.25 $6,950.25 $29,203.93* BONESTROO R03ENE BONESTROO ROSENE BONESTRCX3 ROSENE BONESTROO ROSENE BONESTROO ROSENE BONESTROO ROSENE BONE.3TROO ROSENE BONEITROO ROSENE BONESTROO ROSENE BONESTROO ROSENE BONESTROO ROSENE BONESTROO ROSENE BONESTROO ROSENE ASNASNASNASNASNASNASNASNASNASN ASN ASN ASN GEN SEWER HOT SPOTS ENG STREETS-APRIL TOPO DATA-HORIZON ENG-ORONO BASEBALL A ENG COUNCIL MTGS-MAY OLD BEACH ROAD MTG HWY 12 SAFETY IMP-MA ENG. L.S. «28 RENOVA ENG. OCB ROAD MSA INSPECTION, MAY STUB LEAD/COPPER STUDY-MA ENG. L.S. H7 RENOVAT ENG. NO BROWN ROAD 0020-43050200-43050427-43050200-43050200-43040200-43050350-43059673-16000361-43050408-4305 0549-4305 9673-1600 0360-4305 02904002904002904002904029383M29383M29383M293862938529384 29389 29380 29307 031197 1994/08/08 $21.05 $21.05* BRINKHAUS-JACK REIMBURSE FOR ROLLS 0249-4302 001762 031190 1994/08/08 $8.95 $8.95* BUDGET PRINTING COLOR COPIES 0590-4210 44854 031199 1994/08/08 $33.18 $33.18* CELLULARONE CELLUIAR PHONE - GER 0249-4320 001754 031200 1994/08/08 $10.00 $10.00* CHESWICK/GARY PTAC MEETING 0129-4356 001782 031201 1994/08/08 1994/08/08 $15.60 $282.28 $297.88* CHUNKS GARAGE CHUNKS GARAGE BLOW DEBRIS FROM RAD SERVICE #169 0129-4341 0129-4341 4700E 4684B 031202 1994/08/08 1994/08/08 $69.64 $17.58 $87.22* CITY OF LONG LAKE CITY OF LONG LAKE HARRINGTON LIFT STAT FLASHER AT HWY 12 0249-4324 0569-4344 001777 001776 031203 1994/08/08 $20.00 $20.00* CITY OF MINNEAPOLIS PROSECUTION SERVICES 0080-4359 001760 031204 1994/08/08 1994/08/08 $143.08 $113.74 $256.82* CITYVIEW PLMBG & CITYVIEW PLMBG & HTG HTG REPAIR SINKS-COUNCIL REPAIR DRINK FTN-BED 0099-4343 0290-4343 16299 16748 031205 1994/08/08 1994/08/08 $74.50 $274.10 $348.60* COCA COLA VENDING COCA COLA VENDING POP POP 0591-4002 0591-4002 1792300 1731040 031206 1994/08/08 1994/08/08 $189.66 $902.91 $1,092.57* COMMERCIAL ASPHAL COMP COMMERCIAL ASPHAL COMP ASPHALT FOR STREETS STREET PATCHING 0249-4346 0249-4233 001739 001780 PO NUM.Page 2 MANUALOHOHOHOHOHOHOHOHOHOH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH COUNCIL CHECK REGISTER Fri Aug S 1994 01:00:36 Page 3CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT #INVOICE PO NUM.MANUAL1994/08/00 $128.80 COMMERCIAL LIFE/GRP AUG INSURANCE 9999 2030 001786 OH1994/08/08 $2.20 COMMERCIAL LIFE/GRP AUG INSURANCE 9001 1290 001786 OH1994/08/08 $.B5 COMMERCIAL LIFE/GRP AUG -NSURANCE 0590-4152 001786 OH1994/00/08 $1.53 COMMERCIAL LIFE/GRP AUG INSURANCE 0569 4152 001786 OH1994/08/08 $27.60 COMMERCIAL LIFE/GRP AUG INSURANCE 0069 4152 001706 OH1994/00/08 $3.12 COMMERCIAL LIFE/GRP AUG INSURANCE 0549 4152 001786 OH1994/00/08 $21.75 COMMERCIAL LIFE/GRP AUGUST INSURANCE 0039-4152 001706 OH1994/00/08 $21.67 COMMERCIAL LIFE/GRP AUG INSURANCE 0249-4152 001706 OH1994/08/00 $12.75 COMMERCIAL LIFE/GRP AUG INSURANCE 0174-4152 001786 OH1994/08/00 $65.38 COMMERCIAL LIFE/GRP AUG INSURANCE 0129-4152 001706 OH031207$285.65* 1994/08/08 $10.00 DPC INDUSTRIES INC.CYLINDER RENTAL 0249-4331 DO140976 OH 031208 $10.00* 1994/00/08 $5,265.00 E-Z RECYCLING JULY 94 0295-4392 001745 OH 031209 $5,265.00* 1994/08/08 $82.43 EARL F ANDERSON ASSC STREET SIGNS 0249-4233 134422 OH 1994/08/08 $1,741.40 EARL F ANDERSON ASSC STREET SIGNS 0249-4233 134609 OH 1994/00/08 $402.25 EARL F ANDERSON ASSC STREET SIGNS 0249-4233 134243 OH 031210 $2,226.08* 1994/08/08 $203.40 EGGHEAD SOFTWARE LOTUS 3 4,WP WIN 6.0 0299-4900 10930652 OH 031211 $203.40* 1994/00/00 $75.00 ELMER J PETERSON CO PUMPED FERNDALE LIFT 0569-4344 001727 OH 031212 $75.00* 1994/08/08 $43.05 EXPRESS MESSENGER MAIL DELIVERY 0299-4303 00-131654 OH 031213 $43.05* 1994/08/08 $5. or,FEED RITE CONTROLS DEMMURRAGE CHARGE 0549-4345 17667 OH 031214 $5.00* 1994/08/08 $2.56 G K SERVICES STEFFENHAGEN 0590-4221 246747 OH 1994/08/08 $15.10 G & K SERVICES RATHBUN, OUAST 0569-4221 246749 OH 1994/08/08 $61 73 G & K SERVICES WASTEWATER CHARGE 0249-4221 246748 OH 1994/08/08 $132 49 G & K SERVICES FLOOR MATS 0099-4331 250323 OH 1994/08/08 $2.56 G fit K SERVICES STEFFENHAGEN 0590-4221 243154 OH 1994/08/08 $45.80 G fit K SERVICES STREET DEPARTMENT 0249-4221 243156 OH 1994/08/08 $66.83 G fit K SERVICES FLOOR KAFC 0099-4343 243155 OH 1994/08/08 $2.36 G fit K SERVICES STEFFENH.AGE.I 0590-4221 250324 OH 1994/08/08 $15.iO G fit K SERVICES RATHBUN, OUAST 0569-4221 250326 OH 1994/08/00 $45.80 G fir K SERVICES STREET DEPT.0249-4221 250325 OH 1994/08/08 $15.10 G fit K SERVICES RATHBUN, OUAST 0549-4221 2143157 OH 1994/00/08 $66.8:G fit K SERVICES FLOOR MATS 0569-4221 257573 OH 1994/08/08 $15.10 G fit K SERVICES RATHBUN, OUAST 0569-4221 257575 OH 1994/08/08 $7 56 G fit K SERVICES STEFFENHAGEN, STREET 0590-4221 253940 OH 1994/00/08 $63.64 G fit K SERVICES WASTEWATER CHARGE 0549-4221 253941 OH 4 COUNCIL CHECK REGISTER Fri Aug 5 1994 01:00:36 Page 4;mBCK HO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT #INVOICE PO NUM.MANUAL1994/08/08 $15.10 G & K SERVICES RATHBUN, QUAST 0549-4221 253942 OH1994/08/08 $2.56 G 6 K SERVICES STEFFENHAGEN 0590-4221 257572 OH1994/08/08 $38.02 G & K SERVICES FLOOR MATS 0099-4343 257570 OH1994/08/08 $46.81 G & K SERVICES STREET DEPT 0249-4221 257574 OH1994/08/08 $38.02 G 6 K SERVICES FLOOR MATS 0099-4343 257571 OH031216$694.27*1994/08/08 $196.91 GALL'S INC.SHIRTS FOR BIKE PATR 0129-4221 589907 OH031217$196.91*1994/08/08 $74.50 GEAR WEST SKI & BIKE PACK FOR BIKE PATROL 0129-4232 001733 OH031218$74.50* 1994/08/08 $78.00 GOPHER STATE ONECALL JUNE 94 0569-4306 4060524 OH1994/08/08 $116.25 GOPHER STATE ONECALL JUNE 94 0549-4306 4060524 OH031219$194.25* 1994/08/08 $1,234.00 GREAT WEST LIFE ASSURA DEF COMP W/H 9999-2030 001755 OH1994/08/08 $1,134.00 GREAT WEST LIFE ASSURA DEF COMP W/H 9999-2030 001791 OH031220$2,368.00* 1994/08/08 $2,048.85 GROUNDS CREW PARK LAWN MAINT - JU 0290-4343 1054 OH031221$2,048.85* 1994/08/08 $26.26 HALLIN/DOROTHY MILEAGE REIMB.0039-4381 001721 OH1994/08/08 $37.99 HALLIN/DOROTHY CONFERENCE REIMB.0039-4356 001721 OH031222$64.25* 1994/08/08 $6.66 HAPPYS POTATO CHIP POTATO CHIPS 0591-4802 264034 OH031223$6.66* 1994/08/08 $77.50 HENN CTY FIN DIV ROOM & BOARD, OCT 93 0080-4358 2208 OH1994/08/08 $510.00 HENN CTY FIN DIV ROOM 6 BOARD, NOV 93 0080-4358 2275 OH1994/08/08 $1,092.00 HENN CTY PIN DIV ROOM AND BOARD-JUNE 0080-4358 2567 OH031224$1,679.50* 1994/08/08 $331.77 HENN CTY SHERIFF DPT BOOKING FEES 0080-4358 001783 OH1994/08/08 $347.58 HENN CTY SHERIFF DPT REPLACE PARTS 0080-4358 JUNE 94 •OH031225$679.35* 1994/08/08 $293.00 HENNEPIN COUNTY SUPPOR THOMTON «CO266780 9999-2030 001774 OH1994/08/08 $146.50 HENNEPIN COUNTY SUPPOR CHILD SUPPORT W/H -9999-2030 001751 OH031226$439.50* 1994/08/08 $174.50 HENNEPIN COUNTY SUPPOR CHILD SUPPORT W/H -9999-2030 001750 OH1994/08/08 $349.00 HENNEPIN COUNTY SUPPOR SKREEN #00262310 9999-2030 001775 OH031227$523.50* 1994/08/08 $66.85 HENNEPIN COUNTY TREASU TRAFFIC TICKETS 0129-4322 1094000953 OH031228 • $66.85* t • COUNCIL CHECK NO CHECK REGISTER Fri Aug 5 CHECK DATE CHECK AMOUNT 1994 01:00:36VENDOR desc:ription ACCOUNT n INVOICE PO NUM.Page 5 MANUAL0312291994/08/08 $29.63$29.63*HUBCAP WAREHOUSE INC HUBCAP 0129-4341 14291 OH0312301994/08/08 $170.00$170.00*HUMANE SOC OF WRIGHT C 2ND QTR BILLING 0185-4360 001726 OH0312311994/08/08 $200.00$200.00*ICMA RETIREMENT TRUST-ICMA DEF COMP W/H 9999-2030 001753 OH 031232 1994/08/08 $69.52 $69.52* J H LARSON ELECTRICAL FLUORESCENT BULBS 0099-4231 7224-095550 OH 031233 1994/08/08 $250.99 $250.99* JOHN BECKMAN ADDTEMP 0099-4343 001770 OH 1994/08/08 $3.13 KUEHN, THOMAS JULY MILEAGE 0174-4381 001766 OH 1994/08/08 $38.12 KUEHN, THOMAS JULY MILEAGE 0069-4381 001766 OH 031234 1994/08/08 $18.81 $60.06* KUEHN. THOMAS JULY MILEAGE 0569-4381 001766 • OH 031235 1994/08/08 $590.00 $590.00* LAKE MANAGEMENT INC POND SPRAYING 0590-4343 001772 OH 031236 1994/08/08 $24.41 $24.41* LANO EQUIP CO ELEMENT 0249-4232 49186 OH 031237 1994/08/08 $325.00 $325.00* LAW ENFORCEMENT LABOR W/H UNION DUES 9999-2030 001792 OH 031238 1994/08/08 $154.43 $154.43* LAW ENFORCEMENT TARGET TARGETS 0129-4241 2965 OH 031239 1994/08/08 $150.00 $150.00* LEGEND TECHNICAL SERVI TESTING OCB BRIDGE 0355-4305 001765 OH 031240 1994/08/08 $1.86 $1.86* LONG LAKE POWER EQUIPM FILES 0590-4232 43923 OH 031241 1994/08/08 $41.72 $41.72* MABUSTH-JEANNE MILEAGE RBIMBURSEMEN 0174-4381 001741 OH 031242 1994/08/08 $1.22 $1.22* MACQUEEN EQUIPMENT PAINT BRUSHES 0290-4231 001732 OH 1994/08/08 $2,295.00 MALLOY KARNOWSKI CO AUDIT PAYMENT #3/FIN 0069-4300 22435 OH 031243 1994/08/08 $5,607.00 $7,902.00* MALLOY KARNOWSKI CO AUDIT PAYMENT It3/FIN 0020-4300 22435 OH 1994/08/08 $102.20 MARK VII DIST GOLF BALLS 0591-4815 279133 OH COUNCIL CHECK REGISTER Fri Aug 5 1994 CHECK NO CHECK DATE CHECK AMOUNT 031244 01:00:36 VENDOR DESCRIPTION ACCOUNT # 031245 03124S 031247 031248 031249 031250 031251 031252 031253 031254 1994/08/081994/08/081994/08/081994/08/081994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 $102.20*$2,212.56 $465.75 $1,459.58 $478.17 $2,016.53 $478.17 $1,164.04 $1,143.50 $199.58 $9,617.88* $20,717.00 $20,717.00* $101.39 $153.08 $7.35 $4.58 $20.08 $286.48* $36.22 $36.22* $31.50 $13.50 $45.00* $11.11 $150.78 $161.89* $10.18 $24.98 $35.16* $95.00 $95.00* $132.00 $2,811.00 $2,943.00* $20.00 $14.00 $34.00* MEDICAMEDICAMEDICAMEDICAMEDICA MEDICA MEDICA MEDICA MEDICA CHOICECHOICECHOICECHOICECHOICE CHOICE CHOICE CHOICE CHOICE AUGAUGAUGAUGAUG AUG AUG AUG AUG 9494949494 94 94 94 94 METRO WASTE SEWER SERVICE-SEP MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST BSNS BSNS BSNS BSNS BSNS PROD PROD PROD PROD PROD OFFICE OFFICE OFFICE OFFICE OFFICE SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES MINN COMM JULY 94 MINNEAPOLIS OXYGEN COM OXYGEN RENTAL MINNEAPOLIS OXYGEN COM OXYGEN RENTAL MINNEGASCO MINNEGASCO MINNESOTA BENEFIT MINNESOTA BENEFIT NAVARRE WATER PLANT CITY HALL, PW JULY 94 JULY 94 MINNESOTA SUN PUBLICAT RECORDING SECRETARY MN DEPT OF REVENUE MN DEPT OF REVENUE JULY SALES TAX JULY SALES TAX MN DEPY OF ADMINISTRAT ALPHABETIC FILING RU MN DEPY OF ADMINISTRAT RECORDS RETENTION SC 99990569900100690129 0174 0249 0039 0549 20304151415141514151 4151 4151 4151 4151 9673-1282 0069 0039 0174 0129 0039 4210 4210 4210 4210 4210 $100.00 MN STATE RETIREMENT-DE DBF COMP W/H 0249-4320 0249-4331 0129-4331 0549-4324 0099-4324 9999-2030 0129-4152 0039-4323 9001-3500 9674-2222 0039-4240 0039-4240 9999-2030 Page €194213102552 OH194213102552OH194213102552OH194213102552OH 194213102552 OH 194213102552 OH 194213102552 OH 194213102552 OH 194213102552 OH 51480994 OH 847273 OH847273OH850759OH850759OH850759OH 70660007942 OH RI07940848 OHKI07940849OH 001769 OH001769OH 001734 OH001734OH 198271 OH 001763 OH001763OH 001736 OH001737OH 001752 OH COUNCIL CHECK REGISTER Fri Aug 5 1994 01:00:36 Page 7CHECK NO CHECK DATE CHECK AMOITNT VENDOR DESCRIPTION ACCOUNT N INVOICE PO NUM. MANUAL0312551994/08/00 $100.00$200.00*MN STATE RETIREMENT-DE W/H DEF COMP 9999-2030 001709 OH0312561994/00/00 $37.16$37.16*MTI DIST CO MOWER REPAIR 0590-4232 001701 OH0312571994/00/08 $474.00$474.00*NATIONAL SEMINARS GROU SULLIVAN,CHESWICK.EN 0129-4356 001773 OH 031258 1994/08/081994/08/081994/08/08 $57.64$72.73$151.54 $201.91* NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE HARDWARE JUNE 94 JUNE 94 JUNE 94 0249-42320569-42320290-4232 001725001725001725 OHOHOH 031259 1994/08/00 1994/00/08 1994/08/00 1994/08/00 1994/08/08 1994/08/00 1994/00/08 $592.36 $1,722.41 $344.81 $152.89 $3,123.07 $14.92 $6.28 $5,956.74* NSP NSP NSP NSP NSP NSP NSP NSP COSTS NSP COSTS NSP COSTS NSP COSTS NSP COSTS NSP COSTS NSP COSTS 0549-4324 0099-4324 0249-4324 0590-4324 0569-4324 0290-4324 0175-4324 001767 001767 001767 001767 001767 001767 001767 OH OH OH OH OH OH OH 031260 1994/08/08 $1,093.00 $1,093.00* NSP STREET LIGHT BILL 0249-4325 001747 OH 031 1 1994/08/00 1994/08/08 1994/08/08 $26.35 $159.59 $14.64 $200.58* OTTEN BROS OTTEN BROS OTTEN BROS SOD FLOWERS & SUPPLIES SOD 0549-4343 0590-4343 0549-4343 001723 86035 001723 OH OH OH 031262 1994/08/08 1994/00/08 $1,313.46 $217.28 $1,530.74* PEBSCO/OBRA PEBSCO/OBRA USCM DEF COMP W/H W/H DEF COMP 9999-2030 9999-2030 001756 001788 OH OH 031263 1994/08/00 $1,313.46 $1,313.46* PEBSCO/US CONF OF MAYO W/H DEF COMP 9999-2030 001790 OH 031264 1994/08/08 1994/08/08 1994/08/08 1994/08/08 $24.00 $108.00 $4,679.95 $3,560.30 $8,372.25* PERA INS PERA INS PERA INS PERA INS PERA SEPT PERA W/H SEPT PERA CITY 7/18-7/31 PERA W/H 7/18-7/il 0129-4152 9999-2030 9999-2031 9999-2030 001771 001771 001787 001787 OH OH OH OH 031265 1994/00/08 $698.45 $698.45* PERRYS VENTURES INC TRUCK REPAIR #426 0249-4341 13623 OH 1994/00/08 1994/08/00 1994/08/08 $147.84 $50.82 $16.94 PIONEER PIONEER PIONEER ORDINANCE #127 LAND USE APPLICATION SUBDIVISION APPLICAT 0174-4323 0174-4323 0174-4323 001735 997 998 OH OH OH ■HECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT #INVOICE PO NUM. MANUAL1994/08/08 $270.74 PIONEER ANNUAL REPORT 0039-4323 894 OH0312661994/08/08 $278.74$773.08*PIONEER ANNUAL REPORT 0069-4323 094 OH1994/00/08 $19.53 PRO TIRE & EXHAUST OIL CHANGE Itl68 0129-4341 001759 OH1994/00/08 $49.95 PRO TIRE St EXHAUST ALIGN St ROTATE #166 0129-4341 2001 OH1994/08/08 $10.50 PRO TIRE & EXHAUST TIRE REPAIR #168 0129-4341 35 OH1994/00/08 $19.53 PRO TIRE St EXHAUST OIL CHANGE #171 0129-4341 2000 OH0312671994/00/08 $173.69$273.20*PRO TIRE & EXHAUST MUFFLER St ALIGN #161 0129-4341 001742 OH 031268 1994/08/08 $107.50 $107.50* PUMP St METER SERVICES SERVICE ON GASOLINE 0099-4343 87145 OH 031269 1994/08/08 $626.98 $626.98* RAINBOW COMPUTER FORMS PERMIT INSPECTION FO 0174-4322 3449 OH 1994/08/08 $72.00 REED VENDING CANDY BARS 0591-4002 24200 OH 1994/08/08 $75.60 REED VENDING CANDY BARS 0590-4802 14040 OH 031270 1994/08/08 $49.30 $197.40* REED VENDING CANDY BARS 0591-4802 14050 OH 031271 1994/08/08 $7.50 $7.50* REESE, WILLIAM REFUND DOC LICENSE 0185-4399 001722 OH 031272 1994/08/08 $50.26 $50.26* RICKS SUPERVALU MISC. ITEMS 0591-4802 001724 OH 1994/08/08 $3.66 RITZ CAMERA FILM PROCESSING 0129-4210 3764590 OH 031273 1994/08/08 $77.36 $31.02* RITZ CAMERA FILM PROCESSING 0129-421C 3765357 OH• 031274 1994/00/08 $1,768.74 $1,768.74* ROLLINS OIL CO GASOLINE 9001-1260 29904 OH 03127S 1994/08/08 $25,200.00 $25,200.00* RUSSELL T. LUND III REFUND PARK FEE APP.9112-3840 001764 OH 031276 1994/08/08 $147.24 $147.24* RYAN FORD SERVICE #169 0129-4341 62843 OH 031277 1994/08/08 $487.13 $487.13* S.O.S. PRINTING INC.FORMS & REPORTS 0129-4322 49295 OH 1994/08/08 $860.33 SAFE BENEFITS AUG 94 ' 9999-2030 11617 OH 031270 1994/08/08 $144.00 $1,004.33* SAFE BENEFITS AUG 94 0299-4306 11617 OH 031279 1994/08/08 • f $18.19 $18.19* SCHARBER St SONS INC PIN FOR MOV^ER 0249-4232 001/30 OH 031280 1994/08/08 $82.41$82.41*031281 1994/08/081994/08/081994/08/081994/08/08 $2,400.00$320.00$640.00$7,200.00$10,560.00* 031282 1994/08/08 $3,065.00 $3,065.00* 031283 1994/08/08 $785.43 $785.43* 031284 1994/08/08 $21.45 $21.45* 031285 1994/08/08 $37.28 $37.28* 031288 1994/08/08 $915.60 $915.60* 031287 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 1994/08/08 $142.57 $61.29 $61.29 $61.29 $61.27 $61.29 $61.29 $510.29* 031288 1994/08/08 1994/08/08 $393.96 $52.93 $446.89* 031289 1994/08/08 $1,974.95 $1,974.95* 031290 1994/08/08 1994/08/08 $9,171.50 $9,171.50 $18,343.00* 031291 1994/08/08 $54.25 $54.25* 031292 1994/08/08 $963.83 $963.83* COUNCIL CHECK SU»«ARY Fri Aug 5 1994 01:00:47 Page 1FUNDi001GENERAL FUND $68,223.58r.iro •112 PARK FUND $25,200.00FUND•421 MON ST AID CO/FD $16,770.78POND•424 PERM IMP REV PD $183.00FUND•426 92 STUBBS SWR FD $2,547.28FUNDi672WTR OPERATING FD $12,767.75FUND•673 SWR OPERATING FD $38,339.42FOND•674 G/C OPERATING FD $5.138.43FUND•999 PAYROLL CLEARING $18,694.75$187,864.99 information ITEMS COUNCIL MEETING COUNCIL MEETOIG AUG 8 1994 CnYOFOROM OF r TO: roOM: DATE: Mayor and City Council Ron Moorse, City Administrator August 5, 1994 SUBJECT: Council Update 2. 3. Spring Park Police Contract. The Spriog Park City CouncU at its August 1 meeting tq>proved the 1W5 Police Service Cmitract. Washington Scientific Consolidation. Washington Scientific Inc., a major employer in Orono which in the past year has experienced a significant number of layoffs, has decided to consolidate its Orono plant and Owatonna plant at the Orono location. The dwision to consoli^te in Orono not only keeps the current WSI jobs in Orono but also will bring an additional 100 jobs from Owatonna. WSI has requested the city provide assistance as they prepare to undertake a major training effort. I will be contacting local vocational technical schools and the local office of Jobs and Training to determine if either can provide assistance. Police Service Contract Cities Meeting. The quarterly meeting of the Police Service Contract Citiw was held on Thursday, August 4th. Items discussed were the 1995 budget includi^ the addition of a 16th officer and the assignment of shift supervisor (Corporal) duties to three officers. Also discussed was planning for traffic problems duriiig the replacement of the Old Crystal Bay Road bridge. The Long inif^ Administrator will request that MnDOT install a temporary signal at Willow Drive. Chief Sullivan will contact the bus company regarding their route plans. Highway 12 Traffic Modeling Information. The City has received and reviewed the population and employment information the traffic consultant has provided related to the Highway 12 traffic modeling process. The population information is accurate. The employment information includes some inaccuracies. Suff will follow up with the traffic consultant to correct the traffic information. At the time the population information was first received, both staff and Council had concerns r^arding areas of the city and of the county that appeared to be excluded from the population information and the modeling process. In reviewing the modeling process with Charleen Zimmer of SRF, she indicated the traffic model will include all population information from the entire Metro area since the model is a Metro wide model. Although the population information provided to the city only includes information specific to Orono, the model itself will take into account all population and traffic information from the entire Metro area. Charleen Zimmer has indicated that the model being used by Barton Ashman is a state-of-the-art model that is used for all traffic modeling in the Metro area. The model is not the property of Barton Ashman. Rather it was developed through the cooperative efforts of a number of organizations in the Metro area. TO: niOM: DATE: Mayor and City Council Ron Moorsc, City Administrator August 5, 1994 SUBJECT: Jamie Bosma Leave of Absence Jamie Bosma, a clerical employee for the city, has requested and has been granted a leave of absence without pay to enable her to attend to personal affairs. The leave of absence is for 20 working days. If the leave needs to be extended beyond 20 days the request for the extension will be brought to Council for approval as per city policy. TO: FROM: DATE: Mayor and City Council Ron Moorsc, City Administrator August 4, 1994 SUBJECT: Concerned Citizen Regarding County 15 Barbara Halper of 1420 Shoreline Drive contacted suff to express concerns regarding the amount and speed of traffic on County 15. She suggested the city needs to be much more active in making efforts to reduce both the volume of traffic and the speed of traffic on County 15. Ms. Halper has indicated she will attend the August 8 Council meeting to speak during the Public Comment portion of the meeting. r Daniel and Sharon Regan 3410 Northshore Drive Orono, MN 55391 Edvard Callahan Mayor of Orono. PO Box 66 Crystal Bay, MN 55323 August 1, 1994 Can we do anything about the people trespassing on our property and using our docks as public landings !!!i The honeoimers along Northshore drive continue to have problems with the overflow parking from the North Arm launch ramp. That stretch of highway 51 has been designated as "suitable trailer parking" in order to satisfy the DNR's demand for 700 parking places. According to the DNR's o%m definition, suitable parking must be within 1500 feet of the ramp. Beyond that distance it is not convenient for boater's to park their trailers and return to the ramp. It is easier to park the trailer and have the boat pick them up from our docks. When they leave the lake they drop them off on our docks. In most cases this is not a problem. Most of the time the boaters are very careful and do not do any damage. But sometimes they are not careful, they damage our docks or boats, they steal things or throw things into the lake. Our docks are not designed for this additional traffic and even the careful boaters will shorten the useful lives of the docks. They ignore our NO TRESPASSING signs. If wo stop them they act stupid and remark that they didn't see the sign or didn't know the dock was private. In some cases they more or less dare us to do something. If they get angry they can always come back to damage our property. We are in a NO WIN situation. All we can do is sit back, ignore the problem and hope the trespassers don't damage our property. That doesn't seem like an equitable solution, we pay the high property taxes to be on THE LAKE are we also required to provide a public dock m • I just think that if people are encouraged by the DNR to use the lake and are also encouraged to park along Northshore drive that someone should be responsible for protecting our rights to private property. I have watched people wait to launch tteir ??ats end « d^ their trailer. I make U-Turns at the Tonkawadrive through th« gj» »tatio , street. They return to intersection or to remove the boat. I don't the laaOiC^/J? "2i‘,i".iiS;ab!e werience. 1 can aleo see how that can be a 3 Y j^^ttle grouchy when a understand itatic about walking on a private dock, homeowner JlS hiqh expectations for a day of Si:’'oSlhriiJe*“d“n «ty h2ve Sd eo tar is Ion, lines and grouchy honeovmers. e.w.4. Maxwell Bay Landing will help the I'm not sure that the Maweii oay^ problems. What I situation, make ^t worse, or responsibility for our would like to see nrmsnne to your house it is your guests. When you ^**^^^* that they have a good time and Responsibility to make i think the same thing do not impose on your landings. Someone shouldsasTtS sjaw; sis s-rtss.’. ^ <“ everyone . That meanr, cleaning up the ^^®j2^^5ng^the”rightsTof*the parkin,(prafarably on-si wi itnbw“which or,ani*ation is5,l,hborin, honaorasrs. I don t taow wnic ^ sssyii.SH ,S .t th. oth.r or,ani»tions. ssvsral ysars a,o 1 brought a the City Council. After ^ At those meetings Melfinally wore us <^own and wb gave ^ JSpo?? trespassers !! Kilbo said that we should call ssers are gone in we don't think that Saht to request a squad 30 seconds, also it ^he police have more SJortant Susiness. «» »y <i.clcthe number of trespassing incidences. next Sunday !!!) I would like to «« the City of Orono take responsibility for managing the public lana g jurisdiction. ♦Inform the public as to ''{}®g® g^^nent signs as well and other useful information. ^®® P Maybe advertisers as Brochures from the City of these brochures, would help defray the cost lllsh(Bait shops, gas stations, restaur , r *0n busy days have someone direct people to suitable parking. If all the parking is being used then have that person advise them to wait until another boat comes out of the water. Try to estimate how long they will have to wait, (I have always appreciated those signs at amusement parks.) *Issue tickets for illegal parking. Use this revenue to erect signs, print the brochures and pay for the person managing the landing on busy days. ^Inform the public that Hennepin County does not own the land between County Road 51 and the lake, this is private property. (This also applies to the ice fishermen that cross our property and leave their trash behind or throw rocks onto the ice to see if its thick enough to walk on, or use our dock sections to span the distance between the shore and the ice.) *Make the shoulder wide enough to accommodate the trailers without having them park on our grass. Place "Mo Parking" signs at Tonkawa Road when the right "bypass lane" eliminates the parking spaces and the idiots park on the grass all the way through the intersection to the other side of the gas station. Have Hennepin County mark the width of the road in some manner in order for us to know our property line. Hennepin County purchased property of a certain width, everything else remained private property. *Inform the public that trespassers will be prosecuted *The ideal situation for us would be to designate the shoulder as a bike path and eliminate parlcing altogether. Right now the bikers are forced into traffic when cars and trailers are parked along the highway. Unless the trailers park over on the grass in order to allow room for the bikes. I'm sure that you can think of other ways to manage the lake in a positive manner within our own jurisdiction. THE LAKE is here, THEY WILL COME 80 we may as well plan on it now and manage our guests in a positive manner. Most of the people are repeat visitors that need to know the rules and feel welcome. Most of the people do not cause trouble. There are always exceptions. As the lake becomes more popular it will be harder and harder to manage the increasing number of guests visiting THE LAKE. As difficult as it will be to establish good management of the lake today, the job will only get harder as THE LAKE becomes more popular. I don't see Lake Minnetonka becoming a completely urban lake such as we have in downtown Mpls. but I do see more and more visitors coming out every year. We have lived on the lake since June of 1976 (18 yrs). After you have had a chance to read this I would appreciate hearing from you. I would be happy to send this letter to others in Orono if you would supply ae with their naae and address. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 18, 1994 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Charles Schroeder, Stephen Peterson, Sandra Smith, Dale Lindquist and Candace Rowlette. Charles Nolan, Jr. and Janice Berg were absent. The following represented the City Staff: Building & Zoning Administrator Jeanne Mabusth, and Recorder Carole Haseman. Councilmembers J. Diann Goetten aiKl JoEllen Hurr were present. Vice-Chair Peterson called the meeting to order at 7:05 p.m. (#1) #1958 DOUGLAS AND KAREN OLSON, 537 PARK LANE • VARIANCES - CONTINUATION OF PUBLIC HEARING 7:05 TO 7:12 P.M. Mr. and Mrs. Olson were present. Mabusth noted the application was tabled from the June 20th meeting to allow applicant additional time to submit a revised plan addressing Planning Commission ’s concerns. The amended plan shows the proposed structure has now been moved closer to the street: comer of the garage is located 6* from street lot line; principal structure maintains a 10’ setback from top of bluff except southeast comer of deck is located 8’ from top of bluff. Lindquist commented the stmcture was the same except it was moved back. Douglas Olson noted the decks had been trimmed back. Mabusth advised the amended proposal will not require the alterrtion of the 982 elevation or bluff ana that any drainage improvements would not impact the bluff. Douglas Olson stated one side of the property has a natural flow to the comer and the other side creates a swale so nothing will be altered. All drainage will be directed away from bluff. Chair Schroeder questioned whether the plan will work. Mabusth felt confident there was enough room and that drainage would not be going down the bank but directed towards the street. Chair Schroeder asked whether there was public interest. There were no comments from the public. It was moved by Lindquist, seconded by Peterson to recommend approval of Application #1938 for Douglas and Karen Olson, 537 Park Lane, for the variance as proposed and accepted the hardships staged by applicants. Rowlette commented this proposal is similar to new construction and voiced concern going over the 25% allowed hardcover within the 75-250’ setback area. The owners need to realize that any further intensification of hardcover will not be allowed and may involve the removal of equal amounts oi existing hardcover improvements. Vote: Ayes 5. itays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 18, 1994 (#2) #1941 LEE AND WANDA nSCHBACH - 3135 NORTH SHORE DRIVE - VARIANCES - CONTINUATION OF PUBLIC HEARING 7:13 TO 7:58 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Fischbach and John Spencer, their consultant, were present. Mabusth explained the application had been withdrawn from the June Planning Commission meeting to allow applicants more time to prepare for review. Under previous ownership, this property was involved with a variance application, portions of which were after-the-fact, dealing with the removal of a concrete patio and replacement with a grade level deck at 144 s.f. As part of the approval condition the owner was to remove plastic beneath extensive crushed rock landscaping areas. The owners at that time refused and never proceeded with plans for a balcony. At this time the present owners propose removal of the upper level three season porch, and the construction of a two story addition located approximately 21 ’ from the edge of the pond which is now considered part of the main lake of Lake Minnetonka. The 3’ upper level deck will be located 18’ from the edge of the pond. The expansion of an entry addition is also proposed which does not require setback variances but there are hardcover excesses in the 75- 250 ’ setback area. Major reductions in hardcover are proposed in the 75-250 ’ setback area. Lot coverage exists at 14.2% and is proposed at 15.04% requiring a variance of .04%. Chair Schroeder asked whether the reductions were coming from plastic removal. Mabusth conHrmed noting that all the plastic would be removed. John Spencer described the proposed plan and stated the deck was achially being make into a structure. Chair Schroeder asked whether there was public interest. Mr. and Mrs. Carl Johnson, 3105 North Shore Drive, who are neighbors, stated the proposal would be a nice improvement. Chair Schroeder explained that hardcover regulations are in place to protect Lake Minnetonl^ and voiced concern with the large addition of hardcover close to the Lake. Removing the plastic counts as a credit towards removal but actually it should never have been placed within the area. He asked what will be done to the area after the removal of plastic. Mr. Fischback said the landscape plan had not been completed but grass or flowers would be put in. The majority of the lot is in a no build zone which limit.' the amount of space with which to build on but the proposed improvements will finally offer a view of the lake and make the house more enjoyable. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY IS, 1994 (#2) #1941 LEE AND WANDA FISCHBACH - CONT. Smith voiced concern regarding loss of trees. Mabusth noted Janice Berg’s comments regarding the loss of a pine and that she encouraged the trees be saved and perhaps moved. Mr. Fischback said the trees were beautiful but block all view of the lake. Chair Schroeder noted the ordinance that prohibits tree removal within lakeshore property. Mr. Fischback said he intends to move one tree and other trees would remain in their present location. Smith felt accommodations could be made to lessen the strucniral hardcover on the back side which jets out towards the pond. She has no problem with the proposal for the front side. The lot has limitations but asked if other options could be considered. Rowlette also agreed the proposed stnicture would be too close to the pond. Discussion ensued regarding possible changes. The Planning Commission recommended the structure be placed no closer to tte pond than it is now with removal of all plastic and tree replacement. It was moved by Rowlette, seconded by Smith, to table Application #1941 for Lee and Wanda Fischback, 3135 North Shore Drive, to allow the applicants time to make the recommended changes to the plans Ayes 5, nays 0. (#3) #1942 WILLIAM J. STODDARD, 2605 KELLY AVENUE - CONDITIONAL USE PERMIT/VARIANCE - PUBLIC HEARING - 7:59 TO 8:09 P.xVI. The Affidavit of Publication and Certificate of Mailing were noted. William Stoddard was present. Mabusth explained applicant has filed for a conditional use permit for the continued use of finished living space above a detached garage as a guest house/apartment use. Currently the structure consists of two finished rooms and applicant proposes the installation of a bathroom and kitchen area within the existing building envelope. The principal structure is connected to water and sewer and applicant wishes to connect the guest house/apartment to sewer and water. The existing structure serves as additional living and recreation areas. Mr. Stoddard gave a brief history of the property and it is his intention to update the guest house and in no way rent it out. Chair Schroeder asked whether there was public interest. There were no comments from the public. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 18, 1994 (#3) 9X941 WILLIAM J. STODDARD - CONT. Rowlette asked about fire concerns because of the close proximity of structures. Ma^sth rcDorted that she had consulted with the Building Inspector and was advised there would be no m^lem as long as the 3’ setback was maintained from the lot line. A fire wall separation is required between living area above and garage ceiling. Mabusth noted the immediate neighbors have expressed no concerns. It was moved by Smith, seconded by Rowlette to recommend approval of Application #194^or William Stoddard, 2605 Kelly Avenue, of a conditional use permit for guest hwse and a variance to the area standard subject to conditions that structure may never be used for rental purposes, appropriate fire wall treatment be addressed and payment for sewer and water connection fees be paid. Ayes 5, nays 0. (f« #1943 SAMUEL S. AND JOYCE C. MARFIELD, 2455 SCOTCH PINE LANE - VARIANCES - PUBLIC HEARING 8:09 TO 8:14 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Joyce C. Marfield and James M. Cooperman, her consultant, were present. Kbbusth expUined that applkam proposes the installation of a two-slory ^i.ion with observation deck at the roof line. The proposed ii^roveineM requites » and side setback vatiances. A hardcover increase is proposed at .015% ” setback area. The height of the proposed structure is not an issue. It was noted tto Beig approved the proposal as presented. James Cooperman addressed Mrs. Marfield s need for the elevator. Chair Schroeder asked whether there was public interest. There were no comments from the public. It was moved by Lindquist, seconded by Smith to recommend approval of Application 91943 for Samuel S a^ Joyce C. Marfield, 2455 Scotch Pine Une, for the vanance as proposed ai^ iceepTd^ hardships stated^ Ayes 5. nays 0. Mabusth stated the application will be placed on the Council agenda for the July 25th meeting. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 18, 1994 (#5) #1944 BRADLEY AND DINA ETHERINGTON, 4055 ELM STREET - RENEWAL VARIANCE - PUBLIC HEARING 8:14 TO 8:55 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Bradley and Dina Etherington, Tim Feyo, husband of owner, and Mark Fuller, realtor were present. Mabusth explained this was the fourth renewal variance request to allow the sale of the property as a buildable site. There is no development plan for the property. The lot has adequate depth and width to allow construction of a residence without the need of any setback variances. Property is similar in size to the neighboring developed pn^rties. It is difficult to determine the side lot lines of the property as property has not been staked. Mark Fuller indicated there had been a problem with property stakes being removed. Chair Schroeder asked whether there was public interest. Lance Wile, 615 Minnetonka Highlands Lane, expressed neighborhood concerns regarding environmental and public safety issues. Problems exist with water runoff and a blind driveway. He had been advised the lot was unbuildable by realtors. If trees were removed, it could cause root damage to trees on other lots. He addressed the legal issues in Section 10.08, Subd. 3 and felt that this would decrease the value of his property. The owner had turned down an offer from Mr. Wile to purchase the pn^rty. He also noted a possible property line dispute on the west side. Peterson indicated the last survey was done in June 1976. Mabusth said no changes have been made to the property but felt it would be helpful to have the property staked. Pat Swantek, 649 Minnetonka Highlands Lane, stated they had not encountered a problem with property stakes being removed and also noted concerns with water mnoff into the Lake. Herman Laue, 594 Park Lai», stated his concern with lot lines, runoff and tree removals. Tim Feyo, husband of the owner of the subject property, indicated the property had been staked in the past and noted tree houses had been built by neighborhood children on the property creating a potential hazard and liability. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 18, 1994 (#5) #1944 BRADLEY AND DINA ETHERINGTON - CONT. Shirley Laue, 594 Park Lane, stated the tree houses had been gone for at least ten years. For several years she has picked up glass, etc. out of the woods and suggested the owner clean up the property. Mark Fuller suggested the road be widened. Mabusth noted the road is public with a 30’ right- of-way. Fuller indicated development of tte property would be an improvement to the area. A hardship issue exists in the fact no other land is available to purchase. He is unaware of any encroachments and stated thirds are always improving aixl you can't stop people from building on their land. Discussion ensued regarding the need for a survey. Chair Schroeder pointed out to the potential purchasers that the lot is probably buildable but it might be difficult to satisfy the drainage and driveway issues. The adverse possession or encroachment could also be a problem. It was moved by Chair Schroeder, seconded by Lindquist to table Application #1944 for Bradley arxl Dina Etherington, 4055 Elm Street, to allow ai^licant addition^ time to provide an updated survey and to stake lot lines. Bradley Etherington stated he understands the neighbors' concerns but as a potential buyer he sees the land as buildable. He agrees a new survey would be helpful. Rowlette noted that in the future she expects to see this only as a lot area variance. Ayes 5, nays 0. (#6) #1945 ROBERT AND VEL\U WOLFF, 4450 FOREST LAKE LANDING, VARIANCES, PUBLIC HEARING • 8:55 TO 9:15 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Wolff were present. Mabusth explained applicants propose construction of a 10’xl4’ three season porch over an existing deck with a side setback variance of 6.5’ and a 26 ’ encroachment of the average lakeshore setback line. No hardcover change is proposed within the 75-250’ setback area. Robert Wolff stated the structure was built in 1964 and no change is proposed for hard surface behind the 75’ setback line. Lindquist noted nothing would be done with the steps. Schroeder questioned the landscape underlain with plastic and suggested an updated hardcover inventory. Mabusth noted there had been no improvements within the last few years and that the corrected hardcover facts were provided by surveyor with updated survey. Rowlette stated without some hardcover removals it would be difficult for her to approve the application. Chair Schroeder suggested removal of all underlain plastic within the landscape area. Rowlette agreed that all plastic and fabric needed to be removed and also suggested the concrete sidewalk be trimmed back along side of the house. Wolff agreed the sidewalk could be cut at a comer. MINUTES OF THE ORONO PLANNING COi>LMISSION MEETING HELD JULY 18, 1994 (K) #1945 ROBERT AND VELMA WOLFF - CONT. Chair Schroedcr asked whether there was public interest. There were no comments from the public. It was moved by Schroeder, seconded by Peterson to recommend approval of Application #1945 for Robert and Velma Wolff. 4450 Forest Lake Landing, to permit constniction of a 10 ’xl4 three season porch as proposed with additional removal of a portion of the sidewalk and/or paving along with all underlain plastic and fabric. Ayes 5. nays 0. (#7) #1947 SAILORS WORLD, 1955 SHORELINE DRIVE • AMENDED VARIANCE APPLICATION • PUBLIC HEARING 9:15 TO 9:45 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Gary DeSantis was present. Mabusth explained that in December of 1993 Council granted approval of multiple variance to allow the insullation of an 8’x20 ’ storage module to have been installed within parking stall 34 which would have been 28’ from the street lot line resulting in the loss of two stalls. Access to the module is from both sides. Landscaping is to be provided as a buffer. The module located within stall 34 creates a problem for the neighbor across the street because it blocks lus view of the lake. City code does not say a property on the other side of the street has a nght to a lake view. Applicant does wish to maintain a friendly, cooperative manner with his neighbors. Other issues to be addressed if the module is moved closer to street would be landscaping, safe access, and more intense variances. Councilmember Hurr reported the Cwnty would be expanding the roadway in that area to include at least a 4’ shoulder. Chair ^Im^er suggested moving it behind the building. Mabusth noted a problem regarding the 0-75 setback area Rowlette said on a recent site visit a dumpster was located close to the road which obstnicted the roadway view. Gary DeSantis responded the dumpster was temporarily plac^ there because paving work was being completed on the site and the dumpster could now be moved back. Rowlette felt City staff should make a site determination to assess laiidscaping needs and visibility concerns and suggested the use of arborvitae. Councilmember Hurr reminded everyone that the original intent of the landscaping was for screening purposes. Discussion continued regarding other options for possible sites. Camilo Castellon. a neighbor, stated his concerns regarding the storage module and felt stalls #^20 19 or 18 would beLtter options for him. He appreciated the cooperation he has received from Sailors World and realizes he has no legal rights in connection with the view. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY IS, 1994 (07) #1947 SAILORS WORLD - CONT. Mabusth noted a letter dated October 14. 1993 from the DNR stating the lot is already nonconfonnii^ but a storage unit placed on a portion of the property that is already hardcover but meets lakeshore setback may be acceptable as an alternative. The DNR also ques ^ned if hardships existed. Lakeshore setback for the DNR is 50 ’. Peterson said stalls 16 or 1/ would be better suited for the module. Mabusth felt stalls 19 or 20 might meet the 30’ setback and offered to contact the DNR. Councilmember Hurr suted the DNR would expect Orono to enforce Orono’s nilcs meeting the 75 ’ setback. Chair Schroeder indicated it is getting difficult to protect the neighbor’s view. Rowlette inquired what is acnially stored in the module? Gary DeSantis stated snow fence, etc. It was moved by Schroeder. seconded by Lindquist to recommend approval of Application #1947 for Sailors World. 1955 Shoreline Drive to move the storage module to either stall #21. 16. 17, 18.19 or 20 subject to further discussion and approval from the DNR and that landscaping needs be addressed depending upon the site. He requested Sailors World to file a completed landscape plan by the end of August. Mabusth noted she would have the access concerns reviewed by the engineer. Ayes 5, nays 0. Chair Schroeder called a four minute recess from 9:45 to 9:49 p.m. (#8) #1946 K-P PRu;i£RTIES INC, 4645 BAYSIDE ROAD - SKETCH PLAN OF RURAL SUBDIVISION Robert Olson and Donald Peterson were present. Mabusth explained applicants seek direction concerning a proposed rural subdivision involving a six lot division of the Olson property. Donald Peterson. President of K-P Properties, notified Plaiming Commission Members that negotiations to purchase the White property were unsuccessful and only option 1 is to be considered. Donald Peterson identified the wetland. An access point for the White property needs to be addressed with perhaps dedication of an outlot for a future road. Discussion involving the sketch plan ensued. Donald Peterson noted both primary and alternate septic sites were available. He noted the woods would remain untouched and the need to create ponding for water drainage. If possible, they would like to start grading this fall. He stated development provisions would be made for access to the property owrted by Whites aixl Armstrongs, the creation of a NERP pond and two septic systems per site would be established. I'he project will probably be open to all builders and home prices would be approximately in the $400,000 range. Chair Schroeder stated his concern that retention ponds be kept natural and noted that the roads would be private. Rowlette stated it would be necessary to set up an association to maintain the roads. Mabusth indicated the Park Commission may desire a bike trail in the area. Don Peterson would like to obtain an easement to get a trail to North Arm Drive. Mabusth reminded him that trails would be deducted out of dry buildable land. 8 r MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 18, 1994 (#8) #1946 K-P PROPERTIES INC • CONT. Park Commission Members all agreed with the proposed sketch plan. PLANNING COMMISSION COMMENTS (#10) OTHER ISSUES FOR DISCUSSION Mabusth distributed a memo from Kevin Suunton dated July 17, 1994 regarding proposed amendments to zoning code Section 10.41 B-2 Lakeshore Business District Sundards - enforceability questions. A future meeting will be scheduled to discuss the contents. (#9) REPORT BY PLANNING COMMISSION REPRESENTATIVE ATTENDING COUNCIL MEETINGS OF JUNE 27 AND JULY 11, 1994. Rowlette awe*»ded the Council meeting of June 27th and reported that the Applebaum plication was passed without additional hardcover removals. She also noted Tandem properties was approved. Mabusth explained that the applications for Marfield and Doug Olson would be brought to the next Council meeting. Smith attended the Council meeting of July 11th and reported that the applications for Lemmerman and Taylor were approved. Mabusth advised Planning Commission Members of the violation by Vergeyles in tree removal and excavation of the bluff. Vergeyles have been ordered to restore the area. Smith reported from the Park Commission meeting of July 5, 1994 in which she thanked them for the park tour, invited them to attend application reviews, and discussed the sacred ground for the Dickey/Coffin property. ADDITIONAL ITEMS (#11) APPROVAL OF MINUTES OF THE JUNE 20, 1994 MEETING It was moved by Schroeder. seconded by Lindquist to approve the June 20, 1994 Planning Commission Minutes as submitted. Ayes 5, nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JULY 18, 1994 (#12) APPROVAL OF MINUTES OF THE JUNE 6, 1994 B-2 PUBLIC HEARING It was moved by Schroedcr. seconded by Lindquist, to approve the minutes of the June 6, 1994 Planning Commission meeting. Ayes 5, nays 0. (#13) REPRESENTATIVE TO THE COUNCIL MELT ING Lindquist volunteered to attend the meeting of August 8, 1994 Council meeting. adjournment Cand?**^ Rowlede noted she will not be in attendance for the September meeting Schroedcr adjourned the regular Planning Commission wtceting at 10:45 p.m. Chair Charles Schroedcr, Chair Person r CITY OF ORONO PARK COMMISSION MEETING TUESDAY, AUGUST 2, 1994 7:15 P.M. 2780 KELLEY PARKWAY - COUNCIL CHAMBERS ATTENDANCE AGENDA 1. 2. 3. 4. Approval of Minutes July 5. 1994 OB A Update Bike Trail Update Citizens Survey. 5.Other Business. ADJOURNMENT rL.P draft MINUTES OF THE PARK COMMISSION MEETLNG OF JULY 5, 1994 attendance r^mmU^ion met on the above date with the following members present: Richard N. FHnt^ Robert Howells Alex Vongnes. Sherokee Use. Susan Wilson, and James White. LUi Sm^^as absent, ‘john Gerhardson. Public Works Director and Carole Haseman. Recorder repreimed City staff. Sandra Smith. Planning Commission Member, also was present. Chair Flint called the meeting to order at 7:25 p m. (#1) approval of minutes It was moved by Howells, seconded by Use. to approve the minutes of the March 16. 1994 and May 3. 1994 Park Commission meetings. Ayes 6, nays 0. Chair Flint ashed for volun«ers - atte^upco^^^^ « July 25, 1994 - Vongnes; August 8. 1994 • Hmt. .^ugusi 12, 1994 - Sherokee Use. (ff2) POST MORTEM ON PARKS TOUR been done but the three point line wou p-ru U a asked if the removal of the mentioned fencing had been discussed for the Crystal By evn^inse but was “ Hall wa! a parh expense- Gerhardson explained .. ^ considered pan of the demolition costs for the entire projec . g . ^ aLement. Gerhardson said cenam things are allowed ;?Xrn sm ed no ^ of them. Howells asked If the ground has been seeded. ^ grade. The done. Some material had been brought in but not enough to g ,estine^ground water monitor weils are still m operation and will be until November for testing ground contamination. Planning Commission Member Sandra appreciated me oppo^ extended an invitation to the Park Commission to join them as the, ,ha monthlv Planning prnLd it would helpful for the Park Commission Comnussion agenda to see what might be penmens to them. Smirn gg ^ p„g. monthly legal notice which offers a briet explanation of app Commission Members. draft MEVUTES OF THE PARK CO^L^IISSION .MEETING OF JLXY 5, 1994 (#3) UPDATE ON PENDING PROJECTS Chair Flint noted the second phase of .e Dickey/Coffin subdivision had been approved by the City Council at the last meeting. Gerhardson stated construction approval had already been given for one home because the bi* Jer intends to complete the house in time for inclusion in the Parade of Homes. Wilson asked for a brief review of the Dickey/Coffm subdivision. Chair Flint explained it had been agreed to leave the bam in its present state for awhile untU someone proposes a plan and has sufficient funding. The developer will be responsible for tearing it down. Gerhardson said the house has no value and will be demolished. Wilson inquired about the dedicated piece of land. Gerhardson explained three acres wUl be dedicated to the City but the acmal use has not been decided. Chair Flint noted the developer was receiving credit for 50% park dedication. Gerhardson asked if anyone was interested in the bam? Use felt there had been no organized effort to develop the bam. Smith commented the developer was interested in taking the bam down with the intention of preserving and possibly donating the unusual Tamarack wood which was a type used in the construction of early bams. She suggested placing a memorial plaque to commemorate the fact it is sacred ground to the Native Americans. Vongries believed no one had ever declared the land to be a sacred site. Use explained official bodies have not commented on the land as a sacred site but individuals such as Medicine Man. Clyde Bellecoun and others have provided documentation which has been given to the City. Wilson noted there were problems with the internal trails because of wetlands. Chair Flint explained that was only on the Coffin side and those were never intended to be public traUs. The Dickey parcel will have public trails with chips and a blacktopped one along Old Crystal Bay Road. Wilson specifically asked if park dedication fees were going for the internal trails on either parcel. Chair Flint stated they were not. Chair Flint proceeded to discuss the French Creek Preserve. Wilson reported the sign is not up yet and suggested a deadline be given. The road needs to be plowed. Seed can be dropped otf anytime. Melamed, the adjacent property owner, planted Timothy grass on some of the ity property which had been intended to be seeded wiih native natuial grass. At this time, it as been suggested to not remove it but wait to see how it will look. She asked Gerhardson or er the seed within the ne.xt few days. Several blue birds, blue herons, ducks with second and other wildlife had been observed. .-Mso she noted that nothing had been mo we . Gerhardson said the mowing would be done. Chair Flint felt it important tor the Ian to oo like a park rather than a private residence. Use asked about tiie weir and if there was le ge. Gerhardson stated there is always some bypass but because it consists ot several layers o woo , he doubts there is a problem. He will personally check it. Chair Flint suggested a opening be scheduled this fall. The publicity would be hclpml as the preserve can also be use in winter for walking and skiing. After some discussion. Howells suggested sche u mg a for the grand opening at the next meetmg. DRAFT NILM jTES of the park CO.XLMISSION meeting of JLXY 5, 1994 (#3) UPDATE ON PENDING PROJECTS - CONT. Chair Flint noted the former City Hall site had already been discussed. He asked the status of the park survey. Gerhardson had not heard any survey results yet. Regarding the City Hall site, he checked the feasibility of moving the trees on the berm to create a more level area. The estimate received was $120.00 per tree to move. While asked how many trees would be involved? Gerhardson responded approximately 16 trees would be moved. Vongnes suggested wailing until a decision was made regarding the property. Chair Flint said a good time to move the trees would be during the spring or fall. Wilson reminded everyone that funds were allocated for Shardlow to draw up a park plan for the park including parking and plantings for the post office. Gerhardson said the post office parking lot requires a 50 ’ setback from the road and to proceed fimher, a variance would be required so it would be even with the building. Chair Flint reported that the OB A baseball site will be completed this year but because of delays it will not be available to use this season. Use added the road and parking lot were almost finished and more excavation was needed for the field. It was her understanding that OB A was on target so seeding would be done by fall. Chair Flint addressed the bike trail issue and was concerned whether Hennepin County was still willing to contribute of the costs. He reported that at a recent meeting with Doug Bryant of Hennepin County and Ron Moorse, it was still Bryant’s recommendation for the County to pay their share of the bike trail. Br>'ani indicated it had not been formally approved b*Ji he would resurrect the contract. Chair Flint indicated the Mayor and Council is comfortable proceeding pi; e-by-piece with the trail and there would be no need at this point for a meeting between the Park Commission and Council. Wilson asked about the segment from the Dickey property to the Luce Line ? Chair Flint said it was his understanding that Ron Moorse had asked the engineer to lay out plans. Gerhardson stated it had been done but not finaled. The p Ian proposes two different views, one from the road and one from the house, for the Thompson md Minnick properties. Staff will be seeking their approvals. Wilson asked that a subcommit.ee be formed to attend future meetings regarding the bike trail. Chair Flint explained there already is a subcommittee appointed. Because ot the short notice he received, he was unable to notify the subcommittee of the meeting. Chair Flint moved along to the Cit’zens' Survey regarding the park system. Gerhardson informed members that it has not been completed. Chair Flint proceeded to discuss the Lundgren Brothers Development and stated Lundgren Brothers had appeared again before the City Council at which time Council restated .hat one house per two acres would be allowed instead of one house per one acre lor the subdivision. .Any future growth within irea is a concern to the Park Commission because of the possibility of a bike trail bemg developed. draft 5, 1994VUMJTES OF THE PARK COMMISSION MEETING OF JULY 5. (#5) NEW BUSINESS - SHEROKEE ILSE - SUMMIT PARK Chair Flint explained Use requested lien, 5 be placed ahead of Lent 4 because Use needed to leave early. There were no objections. Ciimmit Beach. The beach is heavily used and she pointed Use distnbuied a memo ® off dock, and possible injuries resulting from out several * „ted the placement of a no diving sign, installation of an rough behavior by kids. She sugg V Gethardson said the City did not emergency phone, and [^'’^._,oved Vongties proposed removal of the dock. Use insull the tree swing and JSen and Ihe only one that offers a dock for stated it is a favorite sw.mmmg u imo the water. Chair Flint noted Tha! tr^e^a'pmbte"mg times he has vts.ted after supper and found children cooperative. Howells favored display of a no <*‘78 needs to list the reason such as shallow ^hich listed the City of Long Lake s cost for of an emergency installation of a no diving sign would be a start to cfrS‘a1hr;:ob“ m, G«ha2: suggested contacting other commumties for infonnation on liability issues regarding warning signage. “S '5 "o’ cirea and starts a paper trail. (#4) .\CTION PLaVN Chau Flint commented that according to the aetton plan agenda the Park Commission is up-to- date with its schedule. Wilson inquired if the OBA contracts were rece.ved7 Chair Flint said they had been approved before work commenced. Regarding canoe rack rentals. Chair Flint suggested non-residents be advised that space rem avaUable as only two or three have been rented. draft MINUTES OF THE PARK COXLMISSION MEETING OF JULY 5, 1994 f (#6) OTHER BUSINESS While mentioned a recent Supreme Court decision regarding the taking of public property for a bike trail and protection of easements and wetlands by a City. Because of similarities with the bike trail, the case could have ramifications for Orono at some fuoire time. Chair Flint felt it would be difficult to predict the significance of the case and noted it was a decision in connection with a building permit not a subdivision approval. As a condition to the building permit, it was required that the City give a trail easement and it was held unreasonable in that circumstance. White was also concerned with another issue regarding the Metropolitan CouncU’s initiative to push fair share of open housing which will impact every community in the metropolitan area at some point. Cities cannot put barriers in the way of public housing. The City should adopt neutral practices. Chair Flint suggested that Orono has a lower profile than the City of Minneapolis and the City need not stick its neck out to test the law. ADJOLTLNMENT It was moved by Howells, seconded by Vongries to adjoun. the meeting of the Park Commission at 8:45 p.m. .Ayes 5, nays 0. Richard N. Flint. Chair Person )-