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12-12-1994 Council Packet
!» AGENDA FOR COUNCIL MEETING SET FOR MONDAY. DECEMBER 12, 1994, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLF.Y 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 Ia;m* 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.TRUTH IN TAXATION FINAL HEARLNG Adopt 1995 Budget and Tax Levy - Resolutions 2.Orono Hockey Association Presentation . % ^ *3. CONSENT AGENDA % APPROVAL OF MCSTJTES ♦4. Regular Meeting of November 28, 1994 *5. Truth in Taxation Meeting of November 29, 1994 PARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS - Sandra Smith Representative PL^BLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 6.^1895 Pat Wolfe, 2871 Casco Point Road - After the Fact Variances *7. #1976 Don P. Gamble, III and Quatro Oil Ventures, Inc.. 4680 Bayside Road Final Subdivision -Resolution 8.#1980 A & T Development, 460 Park Avenue - Variances - Continuation of Public Hearing of November 21, 1994 - Resolution 9.#1982 Daniel S. Perkins, 55 Landmark Drive - Variance/conditional Use Permit - Continuation of Public Hearing of November 21. 1994 - Resolution 10.#1983 Tom & Maureen Palm, 1685 Concordia Street - Variance - Continuation of Public Hearing of November 21, 1994 - Resolution U.#1984 Steven M. Englund, 3855 Che-"'.' Avenue - Renewal Variance - Continuation of Public Hearing of November 21. 1994 - Re-rt iut! •/. 12.#1985 Bruce Bren Homes, 1000 Co.\ f-atiri Road - Conditional Use Permit - Continuation of Public Hearing of November 21, 1994 * Resolution 13.B-2 Ordinance Proposed .Amendment MAYOR/COUNCIL REPORT ENGINEER REPORT 14.Pay Request #9 and Final • Stubbs Bay Sanitary Sewer Improvement '*0 ; I r AGENDA FOR COUNCIL MEETING SET FOR MONDAY, DECEMBER 12, 1994, 7;00 P.M ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR’S REPORT 15. Septic/Sewcr Work Plan 16. Establish Date for Personal Watercraft Public Hearing 17. MCTO Proposed Bus Route Changes 18. Temporary Staffing for Microfiche Project - Police Department 19. Winter Activities Orono Golf Course 20. City Recorder Fee Adjustment 21. Stubbs Bay Sewer Connection Grant Program 22. Employment of Full-Time Police Officer 23. 1995 Meeting Schedule * 24.. Annual Replacement of Police Squad Cars * 25; City Facilities Items Update * 26. Tax Forfeit Property - P.I.D. 17-117-23 44 0094 - Resolution * 27. Posting Speed Limits Tonkaview Lane - Resolution * 28. 1995 Fee Schedule Ordinance and Summary Ordinance for Publication * 29. Authorization to Disburse City Funds for Claims Received * 30. 1995 Application for Coverage Under LMCIT Self-Insurance Worker’s Compensation Plan * 31. 1994 Interftind Transfers and Loan Payments * 32. Resolution to Acquire Saga Hill Tax Forfeit Parcel * 33. Replacement of Police Department Computer CITY ATTORNEY’S REPORT (*34.) LICENSES (*35.) BILLS * Memo Packet - Corporal Assignments UPCOMING ISSUES AND EVENTS 12/12 - Council meeting 7:00 p.m. (last regular scheduled meeting of the year) 12/14 - Lake Use Committee 7:45 a.m. 12/23 - Holiday - (floating holiday) 12/26 - Holiday - Observance of Christmas holiday 01/02 - Holiday - Observance of New Years Day 01/03 - Highway 12 Mediation 3:00 p.m. - Orono Council Chambers 01/03 - Park Commission 7:15 p.m. 01/09 - Council meeting 7:00 p.m. 01/10 - Orono School Board Meeting in Orono Council Chambers 01/11 - Lake Use Committee 7:45 a.m. 01/16 - Holiday - Martin Luther King, Jr. Day 01/17 - Planning Commission 7:00 p.m. 01/23 - Council meeting 7:00 p.m. PLAMNINO COMMISSION t:OUNCIL j PUBLIC ATTENDANCE MEETING DATE^T^eXl- I PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER ! 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. -r »)9un l^fs- /9i/ REQUEST FOR COUNCIL ACTION ^^0 ^4f(fITEM NO: j Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: Item Description: Adoption of 1995 Budget and Tax Levy Agenda Section: City Administrator’s Report The proposed 1995 budget reflects an effort to hold the line on funding for current services while positioning the city to address a number of long term issues with substantial fiscal impacts. Expenditures. Lew, and Tax Capacity Rate The city’s General Fund Budget, which most affects the tax levy, has been increased by 2.9%. General Fund expenditures have increased from $3,152,668 in 1994 to $3,245,015 in 1995. The tax levy required to fund the 1995 budget is $2,016,170. This is an increase of $39,534 or 2.0% over the 1994 levy of $1,976,636. The tax capacity rate required to generate the proposed tax levy is 15.550%. This is a reduction of .702 or 4.32% from the 1994 tax capacity rate. Impact of Budget on Residential Properties The proposed budget and tax levy result in a reduction in the city's share of the property tax bill. Table C shows the tax levy impact on homes valued at $100,000, $200,000 and $300,000. For a home valued at $100,000 the city share of the property tax bill decreases from $208.03 in 1994 to $199.05 in 1995. This is a reduction of $8.97 or 4.3%. Program Highlights Although the 1995 budget is fiscally conser\ ative it does address a number of program needs. These are as follows: 1.The addition of a 16th police officer to substantially improve police coverage for Orono as well as those cities to which the Orono Police Department provides services. 2.The expansion of the curbside recycling program to include the collection of phone books, mixed paper (junk mail), and non-hazardous content aerosol cans. 3. The first phase of a three year water plant rehabilitation project. f I 1995 Budget and Tax Le^7 December 9, 1994 page 2 of 2 4. The first phase of a two year pavement management program. 5. The development of a park and open space master plan. 6. The upgrade of three sewer lift stations. 7. A substantial expansion of the city ’s infiltration and inflow reduction program; the purpose of which is to reduce the amount of clear water entering the city ’s sewer system, in order to reduce the city ’s sewage treatment costs. Water and Sewer Funds and Rates The sewer and water rates will each increase by 5% in 1995. These increases are needed to match the expenditures necessary to fund both the day-to-day operations of the water and sewer fimds, and the major repair and replacement of the city ’s water and sewer facilities. The major expenditure item in the water ftind is the first phase of a major rehabilitation of the Navarre water plant. The major expenditure item in the sewer fund is an increase in the Metropolitan Waste Control Conunission’s sewage treatment charges of $47,000 or 16.6%. A significant amount of the increase in the MWCC’s charges is due to increased infiltration and inflow (I & I). 1 & I is the inflow of clear water into the sewer system through manholes, lift sutions and sewer lines, as well as through sump pumps connected directly to the sanitary sewer. The 1995 budget includes an expanded program of I & I reduction including the sealing of man holes and lift stations. This is an investment to stabilize sewer rates over the long term. Recycling Program and Fee The .ity ’s recycling program has been funded approximately 50% by a grant from the County and 50% through the city's recycling fee. For 1995 the county recycling grant has been reduced from $45,400 to $14,400 a reduction of $31,000. This reduction has been offset by a $14,000 reduction in expenditures and an increase in the city ’s recycling fee. The recycling fee has been increased from $16.00 per year to $22.00 per year to generate an additional $16,600 of revenue. COUNCIL ACTION REQUESTED: A. Motion to adopt a resolution approving the 1995 Annual Budget. B. Motion to adopt a resolution approving the 1995 Tax Levy. i’ : 1 •i i i t . I ^. A RESOLUTION TO ADOPT THE 1995 BUDGET BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota that the 1995 eneral Fund budget is determined to be as follows: ES11MATED REVENUES Taxes - General Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Interest Income Miscellaneous Transfers From Other Funds $1,647,940 134.000 441,935 874,140 66.000 46.000 35.000 -0- TOTAL ^3-245.015 APPROPRIATED EXPENDITURES General Government Public Safety Street Maintenance Parks and Recreation Recycling Program Engineering - Unallocated Reimbursable Expenditures Special Projects and Contingency Transfers To Other Funds $ 677,434 1,754,122 501,358 56,815 76,260 13,460 28,741 57,150 64,900 TOTAL $3.245.015 Adopted by the City Council of the City of Orono, Minnesota at a special meeting held December 12, 1994. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk I !! t i A RESOLUTION ADOPTING THE PINAL 1994 TAX LEVY COLLECTIBLE IN 1995 BE IT RESOLVED# by the City Council of the City of Orono, County of Hennepin# Minnesota, that the following sums; as reduced by HACA, be levied for the current year, collectible in 1995 upon the taxable property in the City of Orono, for the following purposes: General Fund 647.940 DEBT LEVIES; G.O. Sewer Improvement Bond 1992 $18,000 G.O. Sewer Improvement Bond 1985 42,945 G.O. Sewer, Water, Street Improvement Bond 1982 5,500 G.O. Water & Sewer Revenue Bond 1989 80,000 Bonds of Other Government Units - H.R.A. Building Bond 221,785 TOTAL DEBT LEVIES $368,230 TOTAL ALL LEVIES $2,.016,170 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a special meeting held December 12, 1994. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin. City Clerk J BE IT RESOLVED# by the City Council of the City of Orono, County of Hennepin, Minnesota that the 1995 Debt Service budget is determined to be as follows: 1982 Improve Bonds 1985 Improve Bonds Taxes $ 5,500 $42,945 Special Assessments - -22,530 Intergovernmental - -7,055 Interest Income 4,400 8,400 Transfers From Other Funds -“ - Use of Fund Balance 12.230 14.900 TOTAL Revenues S 22.130 $95,830 AooroDriated Exoenditure Debt Service $ 21,950 $94,750 Other 180 1,080 Transfers to Other Funds - -- TOTAL-Expenditures S. 22.110 $95,830 1989 1991 Public Facil 1992 Revenue Revenue Improve Estimated Revenues Bonds Bonds Bonds Taxes $ 80,000 $221,785 $ 18,000 Special Assessments 44,970 - -119,260 Intergovernmental - -28,215 Interest Income -25,326 25,800 Sewer Operations 36,225 - - Transfers From Other Funds -123,000 Use of Fund Balance TOTAL Revenues 157.444 - -21.295 $318,639 $398,326 $184,355 AoDrooriated Expenditure Debt Service $315,709 $398,326 $181,615 Other 2,930 - -2,740 Transfers to Other Funds TOTAL Expenditures - -- -— “ $318,639 $398,326 $184,355 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 12, 1994. ATTEST: Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk jr, - « : f. : ORONO HOCKEY BOOSTERS. INC. BOX 20$ LONG LAKE. MN 55$5$ Dece&ber 7, 1994 %> <!t> ^ x->., % %■ V Mayor and City Council Members From:Mark Engebretson Orono Hockey Boosters, Inc. Re: Potential Arena Development The Orono Hockey Boosters have been studying the feasibility of developing a new indoor ice arena in or around the Orono area. As described in the attached booklet, the need for that indoor ice comes from many sources. A burgeoning demand for hockey ice time has developed over the last several years at all available arenas in the Metro area and surrounding region. This demand comes from virtually all youth and high school hockey organizations and has been enhanced by the growth of girls' hockey programs throughout the state. In addition, figure skaters and other community users continue to require substantial ice time. Outdoor ice at city parks and lakes is not a reasonable substitute outlet for the demand. The increasing likelihood that an Orono high school girls' hockey team will start play next fall or the year after, without any ice time now available anywhere, has strengthened the focus on our efforts. We have been evaluating three potential developments: an expansion of the Pond Arena in Mound, as a joint project with the Mound youth hockey association a new arena on the site recently ceded by Orono to Wayzata, as a joint project with the Wayzata youth hockey association a new arena north of the high school on the Orono schools campus, developed by our association Mark Engebretson President 475-3460 Pond Expansion Any expansion of the Pond Arena involves school district land, and becomes a part of the Mound school district's overall facilities planning. The Mound school district has formed a task force to study uses of the school building across the school-ovmed parking lot from the existing Pond Arena. That task force is evaluating, among other things, a community center concept for the site. The Mound youth hockey association has a representative on that task force. While it appears that something will happen to the existing school building at some point, whether a new sheet of ice is involved, and what the timing will be, are unclear. We are continuing to follow progress on the potential Pond expansion, but our judgment is that the expansion cannot at this point be reliably counted on to provide an indoor ice solution within the time required to meet the need. Joint Wavzata Arena After a set of discussions with a Wayzata association representative about the feasibility of developing an arena on the new Wayzata property, our judgment is that the site is not a good candidate for arena development. A copy of our letter to the Wayzata representative, outlining that conclusion, is attached. Orono Site The attached booklet describes our preliminary planning for an arena on the school district site. In the last month, we have been very encouraged by the strong positive reaction to this potential development from the school district. In addition, as we have been laying the groundwork for a potential fundraising effort, we have been encouraged by the positive reaction from others in the Orono community. As a result, we are proposing to commence a formal fundraising effort for this project in the first part of January, 1995. In that fundraising effort, we will make clear that the development is subject to all required city approvals. But if that fundraising effort goes well, we propose to confirm commitments for ice time purchases and start the city approval process in late winter or early spring. We hope that this update is helpful, and look forward to answering any questions that you have at the council meeting on Monday night. r t i December 5. 1994 Piptf Inc. 1X2 Seutk 9(h Street Minneapolit. MN n4ei-)V04 <11 )4X-<0O0 Mr. David Graves: do Bowman Be Brooke ISO South FiAh Scrccr Suite 2600 Minneapolis. MN S5402 Dear David: We have talked with you several times about the possibility of a joint arena project that would help solve each of our ice time needs. Most recently. Mark Engebretson met with you and Barcy Petit, with Gabriel jabbour prcKnt. about the site reoendy ceded by Orono to War-* . South of Highway 12 and across from the Wayzaia Boulevard intenection. We continue to be very interested in a joint acena cBbrc, as long as we can count on getting something done, and can get it done more quickly chat our alternatives. But in that regard, we Itave two concerns about the site you are proposing. First, you now indicate that a stoplight would be required Ibr the arena use. That stoplight issue seems to us to be much bigger and more complicated chan our arena issues, and we are not interested in pursuing a project diac requires lobbying for and resolution of a new Highway 12 stoplight. Second, as Mark said at the meeting with you, we are still concerned about the prudence of mounting a significant development and fundraising effott for a site that is a candidate tor condemnation in a Highway 39d extension. Both of these factors give us concern about the reliability of gening soiTiething done on the siie within a predicable time frame. As a result, while we remain ready to talk with you about the feasibility of a joint project, we cannot commif’''fo\the Public \C^orks building site at this time, and will pursue our other alternatives. PIca/e call^c. and let's talk about what wc can do. BW^Hafvtmt»n r fif I i f' • I . i f' L. ;■I » c f t 1. The Orono Hodfiey Booster ! . Association 1 ^ -.1 Hamnnel ftfeen and At>rah«n<nn. |||g 23 September 1994 1 ! 1 Table of Contents 'i-.. i Intioductioo....................................................................................3 Need...............................................................................................5 Solution .........................................................................................9 Project Teain...................................................................................11 Architectural Objectives ..................................................................13 Site Location..................................................................................14 Site Analysis...................................................................................16 Site Plan.........................................................................................ig Building Plans, Elevations and Images..............................................20 Area Summary................................................................................27 Cost Projection...............................................................................29 Schedule.......................................................................................31 Operating Feasibility.......................................................................33 Conclusion.....................................................................................37 Orono Ice Arena Introduction Orono Hockey Bootten, loc. is proposing to develop on indoor ice arena in Orono, to meet the growing needs of the hoys and girls in its program and to meet other important needs of the Orono commonity«at*large. * Orono Hockey Boosters has operated the youth hockey program in Orono for over twenty-five years. It is a nonprofit, S 501 (c) (3) organization. It has one successful arena development, in Mound, under its belt. The time las come for another, in Orono. This book describes the community's current need with respect to indoor ice. and a new Orono Ice Arena which can be the solution. mM. y .. I * f-''■a.:-' 5 \f^ Orono Ice Arena .■5331^930- Need Indoor icc time Is becoming t prccions commodity.Overview For years, area ice arenas sold time to one or two local youth hockey '■ ' socta* tions and a high school hockey program, and filled in houn with coimnuniiy skating classes, figure skating and men's leagues. Demand for ice time grew, but only with growth in community populations, and could be handled first by increasing the use of off-prime bows and ultimately by the addition of a sec ond ice sheet Suddenly, though, the stability of this supply and situation has been shaken, and for several good reasons: • Girls hockey has arrived, and its growth is eiplosive Including Orooo's teams, there will be 35 Squirt girls hockey teams in the metropolitan area this year; ■ There were less than 20 last year. The State High School League has sanctioned the sport for state tournament play. The growth and exposure of women's hockey at the college and Olympic level will further spur interest in hockey as a girls' team sport. • Interest in figure skating—particularly for girls—has Jumped, due in part to the extensive coverage of the 1994 U.S. Women's Olympic team. Figure skating clubs have waiting lists and are facing more presswe on their already early ice times. • Development of ice sports and activities for disabled people is underway, and equal access to indoor ice should come with that use. Evidence of this supply/demand mismatch is everywhere, in sold-out arenas, use of terribly early and late hours, and sharp ice time fee increases. Orono Ice Arena Need ■,.V^ ■• '• »;.• ■rf,Tl* ': rtSP»B ''v ’ *• ' ' ■ ^ ^ ■ ' ;V‘-' ’ ■ Li3 \ Orono's Indoor Ice History The developineiil sod oie of lodoor Ic* for the Orono coinoiuolty hss beco almost exclusively a hockey tesue. • The Orono Hockey Boosters has been operating the community's youth hockey program since 1968. Through the late 1970's, it bought indoor ice 10 increasing amounts at a number of far-flung arenas—Breck, Minnetonka and Draemar, for example. • Finally, in 1981, the Orono Hockey Boosters solved its indoor ice problems by joining with the Mound Hockey Association in the development (without public assistance) of the Pond Arena in Mound. Both the Orono aiKl Mound High School programs continue to use the arena. • In 1989, the Orono Hockey Bo jsters' share of Pond Arena ice fell short of its requirements, and it started to buy ice time at the Delano Arena. This solution, successful initially, continues to fall short due to the ever increasing demands placed on exisbng arenas. Programming and Preliminary Concepts r Tbc Orono Hockey Boosters believes that it must develop and produce the solution to the Indoor ice needs of its boy and girl skaters, and to the other ice requirements of the greater Orono community. That solution starts with an available site, near the Orono High School and described more fully later in this book, and has these components: Solution • A private arena development program and private arena ownership. • Funding through individual, corporate and foundation donations, without reliance on debt. • A new indoor arena, housing an 01ympic*siz<>d ice sheet, with an appearance and quality that matches and justifies its location on the Orono school campus. • Assistance in planning and development from two sophisticated and experienced firms—Hammel Green and Abrahnmso ;, Inc. architects, and Kraus Anderson, Inc., contractors. • Use of the arena by the Orono Hockey Boosters program and by the high school boys and girls varsity and junior varsity programs. • Other immediate use of the arena by the greater Orono community. • Arena opening by the fall of 199S. The balance of this book describes the important aspects of this proposed solution in more detail. Orono Ice Arena r 1 Project Team • Owner:OroDo Hockey Boosters Inc. • Manager;Orono Hockey Boosters Inc • Architects & Engineers:Hammel Green and Abrahamson, Inc. • General Contractor:Kraus'Aoderson Construction Company • Ice Consultant:To be determined. • Geotechnical Engineer:GME Consultants Orono School District:Joint Use Partner City >r Orono:Local Governing Municipality a: 4 ,fer r i r to . • ' ,-v 1.-' i ^ f Orono Ice Arena J Archhectunil Objectives The new Orono Ice Arena will become the new gathering place for all skating enthusiasts in the Orono community. It is to become a forum for teaching, learning, competing, and watching the sports of hockey and figure skating, as well as a facility for socializing and recreational skating. This facility has the potential to become an integral part of the community; one which welcomes and accommodates a variety of groups and activities. The building can be seasonally flexible, accommodatiog all ice sports in the skating season and various community and sports activities during the off season. Multiple uses could include: high school graduatioo, flea markets, civic meetings, and athletic activities such as tennis, indoor baseball, soccer, rollerblading, and others. The building program contains a generous lobby and large flexible meeting room for hockey association and community group usage. Architecturally, the aesthetic and functional success of the building is linked to the market success of the rink. Our design objective is to create a "user- firiendly" building so people can feel equally corafortoble whether they are playing hockey, figure skating, skating recreationally, or watching their son or daughter score a goal. More specifically, the building should be sympa thetic to its site and users through the use of appropriate scale, massing, mate rials, and detail. The master plan can incorporate a phased approach which would construct the building shell with a fiilly fimctioning ice rink first and then completing remaining portions as funds become available. The result from the exterior will be a handsome building which will be sym pathetic to iu rural context and mark the comer at Old Crystal Bay Road and County Road 6. The interior will provide a welcome environment for all skaters and spectators that will make this rink a popular amenity to your com munity. - Orono Ice Arena |R': r- % Site Location The Orono Hockey Boosten hive long believed that the most dctirable locatiOD for lo Indoor tee arena would be a fite on or near the Orono School District campus. After approximately two years of work, a promising site has been identified adjacent to the Orono High School, at the southeast comer of County Road 6 and Old Ciystal Bay Road. By locating an arena on the Orono School campus, the following objectives will be accomplished: The arena use will be locii*ed in Orono in its most logical place—adjacent to the educational and recreational uses of the Orono schools; The school campus will continue to be the single focal point of community sports and recreation activities in Orono. both outdoor and indoor; • The arena will be centrally located in the Orono community, with convenient access; The Orono High School teams—both boys and girls—will no longer be driving to after school practices and games. SITE Of PROPOSED ta ARENA Orono Ice Arena : j r Site Analysis ‘ K ‘W • Owner: Zoning District: • Topography: • Soils: • Utilities: Orooo Independent School District #278 City of Orooo RR* IB, Single Family Rural Resi dential. Development on this site will require a C.U.P. or variance from the City of Orono. Parking and set back requirements must be resolved with the City. Site slopes from a low point on the east edge up to the west with an elevation change of approximately 20 feet. Drainage is to the northeast comer. Location of possible wetlands must be verified with D.N.R., Corps of Engineers and Department of Agriculture. Preliminary borings have been taken indicating poor soils on site area defined in diagram and ad equate soil at the higher elevations suggesting building to be built into the grade at northwest por tion of the site. Site not currently serviced with water and sewer utilities. Water and storm water to be extended from the south near the high school Sanitary sewer is outside of MUSA boundary and boundary will need to be extended, ar sanita r^i piped awsa Old Ciyoia l Day Read' to within the b ou n dary. Prognmoung and Prelmuiury Coocqits .r - f - •r [ i l ! Site Analysis WATER RUN-OFF DtREOTON BOUNDRYOF POOR SOUS >m MUSABOUNORY HIGH PONT AND LOW PONT OF SfTE NORTH Orono Ice Arena Site Plan Tbe new Ice Areiu is sited at the northwest comer of the site. This location nestles tbe building into the hillside thus, taking advantage of tbe good soil on tbe site, as well as minimizing tbe building height. Tbe entry and lobby are located on tbe south side of tbe building taking ad vantage of favorable solar orientation and also facing the parking lot and high school beyond. The paridng lot is at the south/soutbeast portion of the site which places the curb cut far from any intersections. The parking indicated will accommodate 202 cars which is at a 4; 1 ratio of spectator seats to paridng. Tbe dashed portion at the northeast portion of the site is a potential rainwater retention pond at the natural low point of the site. Site Plan ’ -\fy r ^:£>#^ \ t ?.■ g«i.-; ife NORTH Orono ice Arena Building Plan I i«t af Spates 1. Vestibule 2. Lobby 3. Concessions 4. Skate Sbatpening 5. Toilets 6. Storage 7. Office 8. Office 9. Multiuse/Meeting Room 10. Mecbanical/Electrical U. Seating for 800 Specutors 12. Storage 13. Olympic Size Ice Sheet 14. Ramp 15. Locker Room 16. Toilets/Sbowers 17. Zamboni 18. Ice Mechanical 19. Players’ Entrance m ms f ? -V 1:. '.w •s ‘ 20 Programming and Prrliiiuaary Concepts J I r*-: 1 Building Plan Orono ice Amu 21 ^T■ Building Section and Elevations SOUTH ELEVATION NORTH ELEVATION Orooo Ice Areiu 23 fe-' 3D Images Orouo Ice Areiu ,-te - » .r.g • jcjn— h ^ ! ' ! : i Y .^V‘ LTV Y' ^ ^ • • \ -4 r\ t p <n‘* f%'. -.*•» ^ ' -i r,:' -?*>r‘- mr/:\^Miii::-:• •■ • r j mm¥r'p-y-sII IPrl"'• i' ; f;l--v;r * 4;^4i .j , <••.>■'’*'* -' • •■ .4-4 > ■ "ji’ •*: •■• . ^)V t ‘ \ • .»ir'i .>■» ^ 'v».■V' -r4^ , ^ "rV HVWi r.' ■ y X;, i V»i .»!->v ■l-;-/^-. ♦ : li. Hie*.''■'Xf ^•V "A: ' I.■,^'>r ■>■'v*'*•4 <l'ra'3j’|g ,®r;’»4-!^X 5s-^1 <i<h m ■w le« '#'• '*•». • ..::.v';"‘:. 'vA-i » . ! > ^ ' , .-* * V; ••.?♦.••.-.‘x*.-»' X*>} ■. ■ •!'.I'• rf'; ^ e ‘^.} . ,I •• * I- »vX-.: ■ ■ !• f-V* • \ ' AiW-* 'm 4- p . ;J ■•■, -'•I ,♦ ■ •’ ( •« > 'ii| teiii . : V • -• V- V .• 'tm miav{ r-sy . . .r\ ^Yy,>v t. ’ V.,; .-^v t V E«. tt*f,;V4>. ‘■■> ;>'‘h'’^;:V> • j-''l-4>' •■ ' C«^'i:p••■r V.'il : '•; , ’% ..j I ■•Sj-v. V *1, - ,r" imnm...___ i^^?'-»!5'.^'i ’". mhm >* * t- n ■; i'»*• »^* P^E>-fe- ^ ?5^';\ i' -'V.*; •‘•-T**.-i‘/ r-'r% /iT’••f :a ' I - ■* "•^*v *:^s * Building Construtdoo General Conditions Concrete & Masonry Structural Steel Carpcniiy Roofing Sl Insulation Doors/Windows/Glass Finishes Specialties Rink Coiutruction Rink Refrigeration Fire Protection Plumbing and Heating Electrical Fees and Insurances Subtotal Building Sitework Construction Grading and Excavation Site Utilities Bituminous Paving Sidewalks and Curbs Landscaping and Sod Subtotal Sitework Total Buiiiling and Sitework Other Project Costs Architectural Design Fees Land and Associated Costs Seating (Approx. 800) Scoreboard Sound System Ice Resurfacing Machine Total Other Project Costs TOTAL PROJECT COSTS 1 Cost Proiection $ 95.( 352.700 305.( 22.500 170.600 42.900 85.100 10.( 120.1 460.1 35.000 125.i 82.500 65.500 S 1^7MOO 87,500 35.( 40.1 25.( 25.( S 212,500 S 2,184,300 142.1 50.( 55.( 15.000 10.( 50.( S 322,000 S 2,506,300 KRAUS-ANDERSON CONSTRUCTION COMPANY contractors & CONSTRUCTION MANAGERS Orono Ice Aieoa 29 Progmnmiiig ud Prelinuiury Concq>ts J Project Schedule 1994 1995 0 N D J r II A M J J A S 0 FUNDRAISING FBASmiUTY SCHEMATIC DESIGN DESIGN DEVELOPMENT CONSTRUCnON DOCUMENTS BIDDING PHASE coNsnucnoN BUILDING OCCUPANCY aw K'’^\ eETjjr a • ;■ OroDO Icc Arena 31 Programmiag and Pretinunaiy Concepts operating Feasibility Odcc completed, the Orono Ice Areni will operate successfuUy. An expense projection for the first year of operation —commencing October 1 ^ 1995 _is attached. That projection shows annual cost of operation, includ ing a capital reserve, of $145,000. The primary source of income to meet those expenses is the renting of prime tim^ -le at S too per hour. • Prime time runs generally from 3:00 p.m. to 10:00 p.m. on weekdays, and from 8:00 a.m. to 10:00 p.m. on Saturday and Sunday. • There are approximately 1,450 prime time hours in the 26 week season. • The SlOO per hourly charge matches the Pood Arenas projected rate for next season, and is conservative in the metropolitan market. Prime time ice users in the first year arc: Orono Hockey Boosters (boys and girls) Orono High School (vanity and junior vanity practices and games) Figure skating clubs 750houn 280 houn 2^houn 1,390 houn 5 if/r #- k -11'^ • '-4 ^ f I u c ^ OroQO Icc Arena Operating Feasibility At $ 100 per how, these users just miss covering the Arena's expenses by them selves. Other ice users, both in and out of pnme time, are Orono Community Educa- (which has indicated an abiUty to use 175 hows), ''ther youth hockey , recreational hockey leagues and activities foi tne disabled people. tion associations • Tne hourly charges for these usen would vary with time of day and ability to pay.but even renting an additional 250 boun to these users atanaverage rate of S60 produces $15,000. Beyond ice rental, the arena would hold several other income sources, which are budgeted as follows; Advertising/sign rental Vending/concessions (net) Skate sharpening S10,( $15,( $27.1 These income sources produce over $180,000 in the six month skating sea son, against the twelve month operation costs of $145,000. • Although the arena is initially projected to operate with dry-floor activities from April through September, no net income from those acnvities has been included in the projections. Finally, it is inqwrtant to note that the arena development progra m results in no requirement that the arena service any debt or provide any investment re- As development of the arena continues, these income sources will be final ized and committed, so that the arena construction will start with suflTicient in place.« »•> ProgrixniiuDg Prclinuoary Concepts October 1,1995 - September 3C, 1996: Salaries Wages Pa>Toll taxes and benefits $ 40.000 15.000 6.000 Repaifs and maintenance Utilities Supplies 15.000 30.000 5.000 Insurance Office expense Sales tax 15.( l.( 5.< Miscellaneous/contingency Capital reserve 5.< M S145.< Operating Feasibility Operating Expense Projection Orono Ice Arena 3S Conclusion BnUdinc • indoor Ic* fociUty will help ochieve s nuniber of goals for the OroBO hockey Boosters as well as the larger Orono coromaoity. • However, the tuning of this project has become critical. The problems of available ice at increased costs to participants, reasonable hours, increased travel time to other arenas where ice is rented, and the decreasing ability of the Oiono Hockey Boosten to provide opportunities for both boys and girls to participate are all of significant proportion. • As important, the shortage of indoor ice for other members of the Orono community will limit their opportunities as well. Completion of an indoor ice arena can demonstrate Orono ’s ability to respond to the needs of its residents and to provide for their continuing growth and development. In conclusion, this arena can exist in Orono if all parties recognize the need for an indoor ice facility, act responsibly in working together toward a solu* tion, and realize that our children and community will be the ultimate benefi ciaries. p—M' ' a-»'' 4--i*.. 4»-. '■ Orono Ice Arena r'- rI i ORONO CITY COUNCIL MEETING minutes for NOVEMBER 2S, 1994 sr? roTit.^ Diaitti Ooetten was absent Representing Stall were City Administrator Ron Moo«. n.1,1- ur^kt nirector John Gertiardson; City Attorney. Tom Banett; Budding and Mabusth; Assistant Planning and Zoning Administrator. Callahan called the meeting to order at 7.00 p.m. OATH OF OFFICE - PART-TIME POLICE OFFICERS o,rt Ttm^ Police Officer Neil Melton was sworn in as a police officer for the City of A^ri;:?. Ron Moorse. Mehon was introduced to the Mayor and Council Members. <•#!) CONSENT AGENDA Items #5,7, 12. added to the Consent Agenda. Jabbour moved. KeUey seconded, to approve the Consent Agenda as amended Ayes 4. Nays 0. information discussion - SAGA HILL TAX FORFEIT PROPERTY Callahan reported that the City has an oppomndD to "jSl^cSiirfi^"”™cl'ncil. at minutes of the regular ORONO CITV' COUNCIL MEETING HELD ON NOVEMBER 28. IW4 1 ’ i i 1- ^ Steven Valek reported that he was the original owner of the ta.x forfeit parcel and when he sold the land to a developer, a lot-Unc rearrangement was to have been done to aUow them to expand their rear yard. The developer lost the land and the rearrangement along with h It was never their intent to sell all of the land. Valek said he was denied the right to reclaim the property as a result of the tax forfeiture. Valek asked the County to sell to them approximately a half-acre to relieve some hardship due to flooding the proWy and the ability to maintain the drainage system, his property will flood. The County has recently agreed to approve his request and Valek is now ^ng for City approval. Valek said this acquisition will not interfere with the rest of the land. Moorse said the County is looking at expanding the area which is now a ^nd. Even if the Valek’s acquire the requested property, an casement would be granted to the County Callahan indicated he understood the acquisition of the tax forfet ^cel nothing proposition. Moorse said that although this was true, the County will allow the Valek’s to buy a portion of the property. This was worked out over the past two weeks. The Bridgewood Corporation is in the planning process of devclopirig a 28-lm subdivision over a 30 acre area, which is proposed to include the 9 acre tax forfeit pared. Mr Kryzaniak of Bridgewood said their company is sensitive to the environmental issues and the need for parkland. Bridgewood ’s proposal is to trade two acres of wetland ^ seven acres east of the tax forfeit parcel, the Soskin property for the tax forfeit pared. Kfyzaniak said the topography of the pared is flatter and more suited to a residential development. Another representative of Bridgewood reported on the layout of the devdopm^t plan^ He commerned that the Soskin property is hiBy . with a wet^ ar^ and would be good park land. It would be their intent to enlarge the wetland fw mn^ and construct swales to maintain proper drainage. He al^ noted an jf tlw S^n property were to become a park, it would have very good access fr^ Wildhurst Also, the existing platted right-of-way is now located next to a swale, and Bndgewood considered this not to be a good location for a road. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 28. 1994 (Saga Hill Tax Forfeit Property - Continued) Jabbour was concerned with the property being for public use. and yet. by a trade, the City would, in his opinion, become an agent for the developer. The Bridgewood representative said they would not develop if the City keeps the tax forfeit parcel as there are too many environmental issues m developing the Soskin property. Council members said they could not be concerned with the end result of the developer but only the good of the public where this land is concerned. Hurr noted that this acquisition was resoK ed in January of 1994, and no negotiations have been done with the Council by Bridgewood on tl^ property. The Saga Hill Preservation Society was represented by Patricia Affeldt and Irene Silber. Their purpose was to see that the City acquire the 9.5 acre parcel for public use, remind the Council of the City's own development policies, and ask the City to assign the Park Commission to study Saga Hill. The Committee related the history of the area and noted an access available to the parcel through a church property. The Orono Park Survey was brou^ to the Council's attemion. The survey showed the public's concern with preserving more natural land and passive park areas. 62% of those surveyed said they would support higher taxes for nature preserves even though the majority of those polled noted the amount of their real estate taxes was their biggest concern. The Preservation Society said they were not opposed to development but were opposed to development of environmentally sensitive areas which they deem Saga Hill to be. The Orono Management Plan was quoted as saying the preservation of Lake Minnetonka was the guiding principle of the City. The Preservation Society feels any development of Saga Hill would affect the lake. They also noted that the Orono Planning Policies indicate that rural devdopment should be screened for environmental sensitivity. It was commerned by the Preservation Society that they approve of the Valek's obtaining the one-half acre of additional land for their property. Access to the property was discussed. A 15’ alley easement from the south of the property which could be used as a walking path. This path goes through the Valek s property. Hurr asked the Valek's if they would be willing to move the easement to the side of their property, and the Valek’s said they would consider this proposal. minutes of the regular orono city councilMEETING HELD ON NOVEMBER 28. 1904 (Saga FTill Tax Forfeit Property - Continued) Moorse reported that the potential development talks between the City and Bridgewood occurred at the same time as the lax forfeit parcel was under consideration for acquisition. Staffs thinking during discussions with Bridgewood was that if there was to be residential development in the area, it is wise to see where the best location would be for a park. It made sense to keep all options open in terms of parkland vs. residential devefoproent. Moorse said some kind of land swap miglrt be a viable ahemative if the Council feels the area should have some type of residential development. Kelley said he is a supporter of parkland and feels it is best to preserve land where we can. Hurr also vwced her support of parkland. Hurr also supported the Valek s in their effort to add the additional one-half acre to their property and would like to sec the easement access moved to the side of the Valek property. Mayor Callahan asked whether any adthtional action needed to be taken by the Council. Moorse stud a new resolution woiM need to be adopted. Callahan commented that all concerned fed the Valck's should acquire the speafied land. He noted the need to be sensitive to property owners with land to be devdoped in that area. It was his opinion that the Park and Planning Commissions be involved in the study of a plan for the area. The other Council members did not feel a study was necessary at this time, only the acquisition of the pared. During discusdon, several ndghbors in the Saga Hill area expressed their views on favoring the laiul as parkland. Callahan moved. Hurt seconded, to reaffirm the acquisition of 9.5 acres by the City, working with the County and the Valek’s on the appropriate land amount to be adjoin^ to the Valek property, and obtaining an easement from the Valek's to have access to the parcel. Ayes 4, Nays 0. APPROVAL OF MINUTES (•#2) MEETING OF CANVASSING BOARD NOVEMBER 9,1994 Jabbour moved. Kdl ay seconded, to approve the Minutes of the Canvassing Board Meeting hdd on November 9, 1994. Ayes 4, Nays 0. (•#3) REGULAR MEETING OF NOVEMBER 14,1994 Jabbour moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of November 14, 1994 Ayes 4. Nays 0. r I * MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 28. 1994 PARK COMMISSION COMMENTS Richard Flint had n«^ comments at this time. PLANNING COMMISSION COMMENTS There were no members of the Planning Commission present at this meeting PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTRATOR’S REPORT <#4) #1S95 PAT WOLFE, 2871 CASCO POINT ROAD • a* TER-THE-FACT VARIANCES Application #1895 was tabled until the Council meeting of December 12, 1994, at the request of the Applicant. (•#5) #1914 TRAFF/COLWELL, 2640 NORTH SHORE DRIVE/1 130 OLD CRYSTAL BAY ROAD SOUTH - SUBDIVISION OF A LOT LINE REARRANGEMENT RESOLUTION #3498 Jabbour moved. Kelley seconded, to adopt Resolution #3498, approving a subdivision of a lot line rcarraiigefnent for Thomas and Phyllis Colwell of 1 130 Old Crystal Bay Road South and Tim and Beth Traff of 2640 North Shore Drive Ayes 4. Nays 0 (#6) #1968 KEITH & VIVIAN BANGERT, 3500 BAYSIDE ROAD - VARIANCE/CONDITIONAL USE PERMIT - RESOLUTION #3499 The Applicants were present. Gaffron reported that this application was reviewed by the Planning Conunission who recommended denial but the Council granted conceptual approv-al as the lot was deemed buildable. Revised plans were to be submitted, and the plan was to limit the portion of the driveway in the right-of-way to just the access. J MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 2«. 1994 (#6 - #1968 • Bangcrt - Continued) The Applicant's plan calls for a driveway of 8-10% slope, entering at the east end of the lot with retaining walls to the rear. The driveway would run across the front of the property and then turn back toward the building pad. After walking the property and noting the large number of mature ttees which would be destroyed by tins plan, Gaffron has developed another possible approach to the building pad. It was suggested that the driveway come up the East side of the property to include retaining walls on both sides creating a trench-like entry into the property. Less trees would be afteaed by this plan in the 0-75' zone. The amount of retairrag walls would double, resulting in higher cost to the applicant bwt would have less v.*»ial impact from the lakeshorc. Gaft^t .n said the DNR is in favor of a lesser visual impact. The amount of hardcover in the 0-75' zone would decrease from 42% to 12% by this plan. The City Engineer has indicated both plans are feasible. Builder, Jerry Roelofe, said this plan had been considered but with the greater cut and more retaining walls, the cost would increase substantially. J^)bour noted that financial hardship cannot be taken into consideration in the decision. Roelofs said Staff s plan would the perception of a narrower lot with the deep tunnd-like cut. He is concerned with the amount of soil to be removed and the run-off in the area. Roelofs also noted the safety issue of cars using the driveway in inclement weather is more of a problem with Staffs plan There would be no safety net, i.e., a landing, to protect a car from sliding onto the roadway The applicant's plan allows for a guard rail Cook sud the applicant's plan with a driveway angle has safety benefits. Hurr asked about the plan being changed from driveway access being 20' west of the property line to now 3ff. It was commented that the original agreement with the County approved of the driveway access point in the easterly 70' of the lot. Kelley brought up the idea of acquiring an easement from a neighbor for a driveway. It was noted that the City can only recommend this option. The applicams indicated that the neighbors had been approached but neither were in favor of an easement. Hurr moved, Kelley seconded, to approve Staff recommendation resulting in the minimum variance necessary to accomplish access. Mrs. Larson, the property owner, said the County En^neers recommended the cut as their plan presents. Larson said preliminary approval had been obtained, and now Staff was presenting another plan ^ this late date. Jabbour agreed with this noting that Staff was directed to go ahead with finalizing the applicant's plan. Ayes 1. Hurr; Nays 3, Callahan, Kelley, and Jabbour. Motion failed. Jabbour moved, Callahan seconded, to adopt Resolution # 5499 to grant the variances per the resolution draft in the packets which conditionally approves applicant's plan. Ayes 3, Caflahan, Kelley, Jabbour; Nays 1. Hurr. Motion carried. minutes of thu regular orono city council MEETING HELD ON NOVEMBER 28, 19*>4 (•#7) #1969 CITY OF ORONO, 1355 BROWN ROAD SOUTH - VARIANCE - RESOLUTION #3500 Jabbour moved, Kelley seconded, to adopt Resohilion #3500 approving a variance to the front setback requirement to enable the construction of a parking lot to serve the Crystal Bay Post Office. Ayes 4, Nays 0. (#S) B-2 ORDINANCE PROPOSED AMENDMENT Callahan moved, Kell^ seconded, to table the amendment to the December 12,1994 meeting of the Council. Ayes 4, Nays 0. MAYOR/COUNCIL REPORT CaUahan suggested a work session on Highway 12 Planning be scheduled for 8:00 a m. on December 6. 1994. The Council members agreed to meet on that date. Hurr entered mlo the record a letter written by Hurr voicing her concern ^h the decision to c»‘ange the Council meeting times without the item being on the agenda and without her presence. The time of the Council meetings will be re-considered when all members are present. ENGINEER REPORT Glen Cook had no coounems. CITY ADMINISTRATOR’S REPORT (#9) OLD CRYSTAL BAY ROAD BIKE/HIKE TRAIL Moorse updated the Council on where the bike trail plan is at the pre^t time. The Council was provided with a re-drafted agreement with Hennepin Par^ and outhned changes Staff is looking for authorization from the Counal to formaliM the a^eemenL and allow Staff to prepare bid specifications and advertise for bids on the first phase of construction of the bike trail. Callahan asked for clarification on what the County will pay. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 28. Vm (#9 - Bike/Hike Trail - Continued) Moorse said the money from the City for the first phase will be approximately $160,000 wluch is the trail from Baker Park aloi% CoRd 6 to Old Crystal Bay Road and south to the new bridge over the railroad. This is a relatively less expensive portion because a large portion of the trail can be built off the right-of-way Tbe remaining portion will require obtaining easements which is more difficult. There is land in the second phase that will more than likely be developed in the future and assistance from developers can be obtained a^ f art cf the subdivision approval. The total cost of the trail from Baker Park to the Luce Line is expected to be $613,000. with the City’s share being $200,000. Hennepin Parks will fund the remaining costs. Money for the trail is coming from MSA funds, which results in delaying reconstruction of some roads. U was di» passed that other options such as grant money should be looked into to assist in paying for the trail. Flint noted that MSA is a replenis'^iable fund and was concerned that the City not use Park Dedication Fee Funds because there are near-term needs for these funds. Hurr commented that grant money approval would more easily be obtained when it involved two agencies, such as City of Orono and Hennepin Parks. The City's share of the cost of the planned reconstruction of County Road 6 south of Hi^nvay 12 was discussed. Moorse said the MSA S-year plan has funded the Watertown Road to Hwy 12 portion of the County Rd 6 right-of-way acquisition at $130,000. It wai ..oted that the Townline Road section will severely divide a property owner’s lot if the road is moved 200' to obtain a right-of-way. Hurr moved, Jabbour seconded, to authorize staff to move ahead to finalize the cooperative agreement for Council approval, and to prepare bid specifications and advertise for bids for the 1995 trail construction. Ayes 4, Nays 0. (#10> 1995 PAY ADJUSTMENTS AND INSURANCE CONTRIBUTION Moorse indicated this item is for pay adjustments and insurance contributions as reflected in ?!' * budget for 1995. Jabbour moved, Kelley seconded, to approve the 1995 non-union pay and insur^ce adjustments as follows: a 2.75% pay increase, a SI 0/month insurance contribution increase to $301/monthiy, and a mileage reimbursement rate of S.29/irale. Ayes 4, Nays 0 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 28. 1994 (ttl I) CITY FACILITIES ITEMS Mooree suggested the City continue action on the purchase and installation of facility items as price quotes beii^ received arc significantly higher than anticipated. Council members questioned the need for police squad plug-ins when parking is available inside at the public works building. Kell^ commented that the (fifferences between the public works department and police department need to be addressed. Callahan moved, Kelley seconded, to table this item to enable City Administrato.'' to take the Council*s comments into consideratioit Ayes 4, Nays 0. (*#12) PURCHASE OF TAPE RECORDING EQUIPMENT FOR POLICE DEPARTMENT Jabbour moved, Kelley secc '4led to approve the purchase and instalbtion of recording equipment for the police department, and sound absorption material for the police interrogation room, at a cost of ^4,000 to be funded with drug forfi^ture funds. Ayes 4, Nays 0. (•#13) APPOINTMENT OF AUDITOR Jabbour moved, Kelley seconded, to appoint the audit firm of Malloy, Kamowski, Radosevich & Co. to perform the required audits for the 1 994 fiscal year at an estimated cost of SI 5,600 plus direct expenses and to assist with the Certificate of Achievement in Financial Reporting Program at a cost not to exceed SI,500. Ayes 4, Nays 0. (•#14) CERTIFICATION OF DELINQUENT UTILITY BILLING ASSESSMENT ROLL - RESOLUTION #3501 Jabbour moved, KeHey seconded, to adopt Resolution #3501, providing for the collection of Lelinquent charges for 1994 sewer and water utility services, and fees the aiuiual septic inspection and recycling programs. Ayes 4, Nays 0. (*#15) DESIGNATION OF SURPLUS PROPERTY Jabbour moved, Kelley seconded, to approve the designation of one pressure taid( as surplus property and to direct City Administrator to advertise tor bids. Ayes 4, Nays 0. CITY ATTORNEY’S REPORT City Attorney Barrett requested adjournment to Executive Session at 9:45 p.m. minutes of the regular orono city council MEETING HELD ON NOVEMBER 28. IW4 (^16) LICENSES Jabbour moved, Kelley seconded, to approve the following licenses: Ayes 4. Nays 0 Residential Kennel License Kenneth & Karen RoUand 4119 Oak Street Non-Intoxicating Mtdt Liquor Off and On Sale Navarre Lanes 3435 Shoreline Drive Non-Intoxicating Malt Liquor OfFS^Je O'Sullivans 2420 Shadywood Road Orono Self Service 2160 Way-zata Boulevard Off Sale Liquor Navarre Liquors, Inc. 3421 Shoreline Drive On Sale Liquor & Sunday Jimmie’s Lounge 3380 Shoreline Drive Club On Sale Liquor Woodhill Country Club 200 Woodhill Avenue Club On Sale Liquor & Sunday Wayzata Country Club 200 Wayzata Boulevard (*#17)B1LLS Jabbour moved, Kelley seconded, to approve payment of the All-Funds Account. Ayes 4, Nays 0. . ,.^3... ..^ .4_ ’i n MINUTES OF THE REGULAR ORONO Cm* COUNCIL MEETING HELD ON NOVEMBER 2J*. 1994 ADJOURNMENT The meeting was adjourned to Executive Session at 9:45 p.m. ATTEST: Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk ii I- MESUTES OF THE 1995 TROTH IN TAXATION HEAR'^C , 1994CW. ^ ^ J HELD ON TUESDAY, NOVEMBER 29,V' The meeting was called to order at 7;00 p.m. Members present; Mayor Callahan and Councilmembers Hurr, Jabbour and Kelley. Members absent Councilmember Goetten. Staff present; Ron Moorse, City Administrator and Tom Kuehn, Finance Director. Moorse provided an overview of the budget including expenditures, tax levy, other revenues and program and service level changes reflected in the 1995 budget. Mayor Callahan invited those in attendance* (one resident and one media representative) for their comments or questions. The media representative asked the Council how they felt about the budget. Councilmember Jabbour expressed concern about the impact of State mandates on the budget and also indicated it is important that the budget enable the wity to retain good staff. Councilmember Kelley indicated productivity is very important. The city has improved productivity very significantly and needs to continue this improvement. He indicated that in the face of new service demands it is remarkable that the city has been able to hold expenditures steady. Mayor Callahan indicated that personnel related expenditures are the most significant portion of the budget, this makes continuous productivity improvement very important. The resident asked for an explanation of the city’s recycling program. Mayor Callahan explained proposed improvements to the recycling program, and indicated an increase in the recycling fee was due to a substantial reduction in the County recycling grant which had been funding the majority of the recycling program costs. Mayor Callahan indicated that the final Truth In Taxation hearing to adopt the 1995 Budget and Tax Levy will be held at 7:00 p.m. on Monday, December 12, 1994. The meeting was adjourned at 7:25 p.m. ATTEST:Edw'ard J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk • > REQUEST FOR COLTMCIL ACTION DATE: November 7. 199 ITEM NO.: {o )4 Department Approval: Name Michael P. Gaffron Title Assist. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1895 Pat Wolfe, 2871 Casco Point Road - Variance Zoning District: LR-IC Single Family Lakeshore Residential, 1/2 acre. Application: After-the-fact variances for construction of I0’.xl2’ storage shed located 8 ’ from the shoreline, (arguably) 3.5 ’ from side lot line, and constituting 120 s.f. of hardcover in the 0- 75’ zone where no hardcover is allowed. List of Exhibits A - Planning Commission Minutes 10/17/94 B - Notice of Planning Commission Action 10/18/94 C - Memo and Exhibits of 10/12/94 Discussion Please review the memo and exhibits of 10/12/94. Briefly, applicant constmeted a I0’xl2’ storage shed near the lakeshore. replacing a somewhat larger deteriorated shed in the same location. The construction was done without a pemit, and in violation of code sections regarding hardcover, ‘trucrare setback from ihoreline, and the non-conforming use section. The applicant requests to leave the shed as is in its current location, citing a number ot reasons for the request in his letter of October lOih. Planning Commission Recommendation Plannint! Commission reviewed this application at their October 17th meeting and on a vote of 7-0 recommended denial of the request, noting the lack of acceptable hardship or justification for granting of variances, and noting that alternate locations exist on the propeny where the structure could meet code requirements. Staff Recommendation Staff concurs with Planning Commission that the variances should be denied based on lack of acceptable hardship or Justification. Staff further recommends that the applicant be required to remove the structure to a location meeting code requirements. Request for Council Action continued page 2 of 2 November 7, 1994 Zoning File #1895 _____ Applicant should be advised of the option of constructing a "lock box" (20 s.f. maximum area, 48" maximum height) in the same location to contain the existing pump and irrigation system controls. Options for Action 1. Conceptual denial, directing staff to draft a denial resolution for final action on November 28th. 2. Table for additional information (specify). 3. Conceptual approval, directing staff to draft an approval resolution for your next meeting (specify hardships). 4.Other. « I .V.- CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO:Pal Wolfe 2871 Casco Point Road Wayzata. MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING: 11/28/94 APPLICATION NO. 1 895 NOTICE OF COUNCIL ACTION Date of Notice: 11/30/94 COPIES: VOTE:4 FOR 0 AGAINST COUNCIL ACTION - MOTION: Tabled at applicant’s request until the Monday. December 12. 1994 Council meeting which will begin at 7:00 p.m. REQUEST rOR COt’NCIL ACTION DATE: November 22. 1994 ITEM NO : ipartmcnt Approval: Mkhjel P. Gaffron Title \sstsum Planning St Zoning Administrator Administrator Reviewed:Afenda Section: Zoning Rem Dcscriptkm: #1895 Pat Wolfe, 2871 Casco Point Road • After-the-Fact Variances Applicant has asked that this be delayed until December 12 meeting r : rANTMEMME TIME^yc PHONE <1-11. f a-a-O □ FAX □ MOBILE APCA CC06 EXTENiSiCM AACA C3DE >4JN4BEP TIME TO CACC TELEPHONED CAME TO SK YOU WANTS TO SEE YOU PETURN60 YOUR CALL , lASECALL WILL CALL AGAIN RUSH WILL FAX TO YOU FO«M TAeOO LfTHO IM u S.A. iCXDQb «eCVCLED COUNCIL ACTION REQUESTED: Options: 1. Table per applicant's request. 2. Take action to conceptually approve or deny per staff memo of 11-7-94 3. Other. .1 'j ' i r O CITY OF ORONO P.O. Box 64 Cnrstal Bay, MN 55323 473-7357 APPLICATION NO. 1895 NOTICE OF COUNCIL ACTION Date of Notice: 11/15/94 TO;Pat Wolfe 2871 Casco Point Rd. Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: 11/14/94 VOTE: 4 FOR 0 AGAINST COUNCIL ACTION - MOTION: Tabled at appltoant’s request for two weeks. This item is rescheduled for the November 28th Council meeting which will start at 7:00 p.m. Please contact staff if you cannot be in attendance. 0m y •4 4 - • r- .« V ‘ I Hi M f N \ I !v. ; . I J NUNXTES OF THE ORONO PLANNING COMMISSION . MEETING HELD ON OCTOBER 17. 1994 -V V ■5^ (fir 1 -1? 1976 - Gamble - Continued) Peter Achey of472l!)NB^>'Sidc voiced Due to the lay of the l^ttL Ache>' fdt ^ . hazard, while the peak of me^foad on Bayside would proviac Avnai he telt would be a good safe entry 4^ N .VUboKh said the County nomuUy driveway access away from County roads However, in this case, the County wouldfl^iccess lo be from Bayside Road rather than McCulty, due to the high usage of McCuUy. SIr. Peterson noted a problem with coihbiniiig the driveways due to ihe.steep g X It was noted that a walkaway was shown for Lot 1 linking it to the Luce Line. Lindquist moved, Peterson seconded, to approve the two-lot subdivision applicauon for Don Gamble at Bayside Road to include the 8 Staff rccommendauoqs^bsted. along with the additional requirements of wood chips to be used on the walkway connecting Lot 1 to the Luce Line, and lot access subject to approval by Hennepin County and thrCitv of Orono. Ayes 7. Nays 0 / (^f) THIS ITEM WAS REMOVEp f • # -• • (#3) #1895 PAT WOLFE, 2971 CASCO POLNT ROAD - AFTER-THE-FACT VARIANCES - CONTINUATION OF PUBLIC HEARING - 7:25-7:50 P.M. The Cerrificatc of Mailing and Affidavit of Publication were noted Mr, Woife was nresent. Gaffron reported this application is for an adci-tbe-fact variance lor a shed located in the 0-75' zone. The shed is 10’xl2'. requiring a building permit, is located 8' from the shoreline, and constitutes 120 s f of hardcover It is also 3 5' from the side lot line next to the public access and beach. The shed was replaced, rather than repaired, which according to the code cannot be done in the 0-75’ zone making it non-conforming. The DNTl recommended denial in a lener, later revising their recommendation that if the shed was placed 10’ from shoreline, the applicant should go to the City for approval. Gaffion said there is a problem with the exact location of the property lot line A Torrens action probably would be required to determine where the lot line .s located This could result in the loss of beach for the City The City recommends denial It should be noted that the neighbors have said the shed has improved in appearance. I \ I N/I : -.rr.. . . t - ;V • I i i?’' MCSXTES OF THE ORONO PL.XNNTNG C0NW>SS10N meeting held on OCTOBER 17. IW (#3 - si895 - Wolfe - Continued)/■ 60-70f from th. shoreUne. ^ ^ creates problems «ith trespsssm. system and ciectricitv' tor the area », w«« ^ jrJJ s ti:sz 1-i iniilibo* «»l ^ - ■s-“sr serv e the needs for the electrical and pump Cerrificae of MaiUog aid Affidavit of Publication were noted. .Nlr Ogland was present. r-.flw,„ «sied this aopUeslion was tabled from the last meeting to devise a rewsion for the Gaffion aated t^appwa^ ^ right-of-way and bu.lt withom a p'S^iroLl^nd has agreed to move the shed bringing it to the aero setl^k. 10'^ wt^ wiU preserve a large tree. Hardcover percentages need to be cal^ated. .. lot coverage variance is technically needed but is less than the 1500 s f ow A.*.- w j w * r! ipI'* E I* ^'t:: I n.'i I ..^, ! IHd^jyvy^'-v CITY OF ORONO P.O. Bm M CnffUl R«y* MN 55323 473-7357 ZONING FILE #1895 xNOnCE OF PLANNING COMMISSION action DATE OF NOTICE: 10/18/94 TO: Pat Wolfe 2871 Casco Point Rd. Wayzatt. MN 55391 COPIES TO: type of APPLICATION:Variance DATE OF MEETING: 10/17/94 Ml rccMBmends the fonowinf VOTE:7 FOR 0 AGAINST Hanwit Cooui Denial for reasons noted below. notes and SPECIAL CONDITIONS: of accepuble hardship or justification for granting of variances. Alienate locations for slrocniie meeting code requirements are available 1. 2. Applicant’s next scheduled meeting is confinned as: City Council Monday. November 14, 1994; meeting stalls at 7:30 p.m. If you desire cenified copies of the official Plani^ “* flTtlTci;^;*;^^^ .*view approval by the Planning Commasmn. 4 h*r •tiUii.-.'M?'' i ”»It . 1. - • ! .1 ^.1 S:1:*• r-'-.,Ir y: ■ • r ^3 To:Chainiun Schroc«kr and Orooo Ptanning Commission Members Ron Moorse. City Admi I I ! KM rator From:p. Gaffroa, Assistant Plannu^ & Zoning Adminismtor Dale;October 12, IW Safcject:#1895 Pat Wolfe. 2871 Casco Point Road • Variances - Public Hearing LR-IC, Single Family Lakeshoie Residenital, 1/2 Acre Appic of haidcover in the 0-75 ’ zone where no hardcover is allowed. TO, item WM abW - your September 19 prt-^ Stiff i, «lvisod he will be ptemm at die October 17 meetmi Urt of ErtlWti A - B - C - D - Letter from Applicant, 10/10/94 Letter from DNR, 9/27/94 Notice of Planniiv Commission Action. 9/22/94 DbciHskm Plea* review the above noted eahibiis. Whifc the DNR ha, tecomiiiended d^. the applicaSl^?^asthe location of this property next to a public access and beach area. The issue of the location of the property boundary is addressed in the ine^ of 9/14/94 Planning Commission s options for action as detailed in that memo remain applicable. ■I a ♦- 4 FI xi A t , r i October lOf 19^4 Mi*.!Mr. Michael P. Ga AssasM Planioc Zooing A CityofOrono 2750 KeUy Paifcway Oiooo, MN 5S3S6 « • • • r I I I » ^ Dear Mike:UCmK miM. Tk-rft.tovott«idJe«Mabuilhforanofthetiiiiey<«gavtmelait>*«ek. ***^*^**^**^ the feet v«i«ice 10 itbMild the Storage shed oo our property. llierefoce. coonsieiit with: upon approval of our remiest. r. -.♦if ^ 'i:*.» • "" — A* «w ducuned, the tnffic 00 Uie eawnciil lod o« dock tas ci»^ • ^^!!^SSyrt^iv‘wilfaMSfocHii«l«iniagw«»«dilk)^ ow property for a new drainage ditch. TteeesenieMmekes out property unkriebecaieeofihe security pcoWeme it geneialee. Useofthu died vwuld incteoie the hatdjhip of our security ptoWeuB. ^ .inMn'i allow foe lelocation of the shed without significaal expense but of o' 'or us. p^cticdly end Luld he created by lack of another suitable ‘o*«^ <“ *• „ ™^^pes. pump, aod electrical and iiri*al»«>n >>»•«» •*“Mtifi^LTrtventy plus years. We need a secure structure at the lake for our posseswons as we S^TlOO wan dSL»l box. pump, pipes ari To relocate these systems would create a significant hardship of its own. ^o|i, , ... M'rt. ' i r P--Ff;- :^5 Ipk ;. : J :.■ “ 1 r'- . ^r. I' L_ WcusedtfaeorigiiialfouDdalioQwhichwesIvunkfioni 12*x IS'lo l(Tx irinsize. WeMitvctlie ailenliaiimdinsliucli>coostlcsstlMi50%oftfieviliieofthestnicti»ein 197S. As evkioiccd by cncbiMd kam, the ndgfaixMS hm been pleased by tlie domiaiig. the appctn»ce «id the safe^ of the shed. mmA ttig awnwimwidiSinn of Ceil Stnuam M tfia IlNB, wm iwill provide additional screcnini on the lake skk lo miiimuze the visual impact during all font Ruthii existing location on the old fouK lean be trf*any i it Inn your qrslem to keep this storage shed in its I. Please call me at 376-7050 (vrork) or 471-1220 (home) if • •' I' ». » Sinceiely. Pat MdRudiie Wolfe 2t71 Casco Point Road Wayzata^MN 55391 irv.*aic-r#*- M 1^ ST&Ti 0> _^DEPARTMENT OF NATURAL RESOURCES HATEKS - 1200 UASNER ROM), ST. PAUL, MM pcCEWEO S«ptCBb«r 27, 1994 SEP 2 9 1994 C iTj^CFCRCNO Mr. Mik« Caffron City of Orono p.O. Box 66 crystal Bay, Hinnasota 55323 RE: LAND USE APPLICATIONS, CITY OF ORONO, HENNEPIN COUNTY Daar Hr. Gaffron: I hava coxaants on tha following,' land usa applications. #1895. Pati Haifa. 2871 «i33»ii^. Tha applicant recasts aftar-tha-fact , avaraga lakashora satback and lak^ satback variancaa for the reconetruction of a shed. DNR Metro Watars raconaands that tha city danv tha varianca raquasts as thay ara currantly proposad. Thera ara many altarnata locations on the lot vhara tha shed would ba able to neat tha city's satback requireaentSe We eleo question whether hardship exists* #1965. Gustafson Dasian on behalf of JaB61 L^aiTi 2525 PMIWQQjY Avenue r27-i33»ii. Soring Park Bavl^ Tha appl .cant raquasts approval of a conditional usa Md varianca for grading and construction of retaining walls within tha 0-75' lakashora satteck. Wa understand that there is an existing erosion problem and that a replacanant wall of soma type is required. Wa do not object to the city approving retaining wall work at this location as long as: the city engineer agrees that tha design is structurally sound and prevent erosion problems, disturbance of tha existing trees and vegetation in tha lakashora area is minimized, and any riprapping is dona in accordance with tha rules of tha Minnehaha Creak Watershed District and the DNR conditions for not requiring a permit. allowed, tha applicants would still have a marginal access based AN EQUAL opportunity EMPLOYER ! r s' ► L Mr. Mik« Gaffron Saptaabar 27, 1994 Paga 2 accaas alignaant. ftM nafcad for all tha abova varianca applicatlona ^at tha ’55and #19aa wimxn iw ««y» if tha varianca raquaata STStiSill^ nSSfSnt.ct .. .t 77a-7»10 rtould you h.». «.y quaationa ragarding thaaa connanta. Sincaraly, Call strauaa Araa Hydrologiat CCS/cda c: Minnatonka filaa 27-133-11 and 27-133-23 •T. L'i ••■••■■ ~- f^-•> «.rflL, ■... ;• » r I ■H- 1 • { ¥V, '•' CITY OF ORONO P.O. Box (4 Crystal Bay, MN 55323 473-7357 ZONING FILE #1895 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 22, 1994 TO:Pat Wolfe ::871 Casco Point Road Wayzata. MN 55391 TYPE OF APPLICATION: Variance (After-the-Fact) DATE OF MEETING: 09/19/94 VOTE: 4 FOR 0 AGAINST Plai lisskm recommends the following: Tabled for reasons noted below Althouch applicam had requested this be Ubled untU he met with Jeanne Mabusth. __ilJZ didnoc conna Ms. Mabusth. Suff viewed this as an unwairanied delay anl the applicalion on the September 19th agenda. Application was tabled by planning Commission since applicant was not present. Please .tact Jeanne Mabusth immediately to schedule a meeting. Applic^^wiext 17, 1994; meeting starts at 7:00 p.m If you desire certified copies of the official Planning Comn^ion minutw, they are available from the City Clerk afte: review and approval by the Planning Commission. r H': u ■ i V » I: i f’’^' J Chairman Schroedcr and Orono Planning Commission Members Ron Moorse. City Administrator Michael P. Gaffiron, Assistam Planning St Zonii^ Administrator Me:tmber 14, 1994 Sehjcct: #1895 Pat Wolfe, 2871 Casco Point Road - Variaaies • Public Hearing j\pnHfiHion After-the-fact vanaoces for construction of a 10 x li storage sn from the shoceliae. (arguably) 3.5’ from the side lot line, and cot s.f. of hardcover in the 0-75’ zone where no hardcover is allowed 1 Section 10.22, Subd. 1 and Section 10.56, Subd. 16 (C) - No structure is allowed less than 75’ from shoreline. (Shed b 8’ from shoreline). 2., - ta I •n 10.22, Subd. 5 and Section 10.56, Subd. 16 (L) - No hardcover allowed in 0-75’ zone. (Shed constitutes 120+ s.f. of hardcover). 3.Section 10.55, Subd. 26 - Non-conforming uses. (A shed apparently previously existing at this location was toully removed and replaced with the new shed. Thb acti^ structural repairs in an amount in excess of 50% of the value of the old 8hBu ar the time it non-conforming, in approximately 1975 when code was adopted). List of E.xhibils A B C D E F G H I J Application Plat Map Property Owners’ List Letter of Request Letters from Neighbors Elsen and Iverson Surveys: 1) Otto St Associates - Received 7-8-94 2) Otto St Associates - Dated 4-13-94 Otto St Associates - Dated 8-22-84 Otto St Associates - Dated 3-1-84/10-25-83 Kelley & Kelley - Dated 2-1-57 Original Plat - Dated 8-1-1879 Hardcover Review by Staff (75-250’ zone) Sketch of Allowable Shed Locations Correspondence • Violation Notice 8-10-93 • Letters 8-12-93, 11-3-93. 1-26-94, 5-4-94, 6-6-94 Non-Conforming Use Section 10.55, Subd. 26 '1^ 3) 4) 5) 6) I J ' I ••• rr '•:V j i , r r [i i i \ i 1 ! !r. ^, si - ‘ •>. i I CXTT or OMMO - VMOJUKI AFFLICATIOM Initial Application Fao $ITS.00 (ISO.00 por aach additional varianca) Xanawal Varianca Paa $100.00 (no changa froa original application) Varianca for non conforming uaa $200.00 Aftar-tha-Pact Paaa (Doubla application fae) nOWITr IHPOmATKM Sita Addraaa j) ?*7/ ^ a '•* VOwaif wf wf>wftVi/ c * if^ *cTir*‘ '•I ^*1 I «ww l350200CdO^ ' w"v M ?/£•wwi> ?u as^*« ru •w ' a Va w wvv a |»»/VJ $-07/ Proparty Xdantif. Muabar (P.X.D.) Attach lagal daacription to ai^lication if not included on raquirad su: Data Proparty Acoulrad (nonth/yaar) X (do)'do not) alao own tha h^cant parcala of land. Praaant uaa of propartyi ^ raaidantial _ _^othar(apacify) Zoning Districts_ _ _ _ _ APPUCAHT Mama Addraans Phona (hona) V 7/ » _ _ _ Phona (worlc) Citvs Zips (if different than applicant)Phona (home) Nana Phona (worlc) Addresss Cltyi Zips DBSailPTXOH or RBQOBST Deserve raopast in details Estimated Construction Cost $ VAKIABCBS MQOIIIB) Lot Area ^Setback t Lot Width Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) ADsexp/D: Describe undne hardi md^^^^omisaAL propbrtt conditions hardship or practical difficulty and unusual. conditions, preventing compliance with Zoning Coda r^u: . >.• A, ‘■’ . i... _ .............................. r„’^rtkjn i/rr -crT-r t-.< i®. I u A t U m T-r^i^K racco: vC'i K CD II ,»v» tert'•5^- i • I All 1 ») (attach additional shaata if nacaasary) amiLS M i«faiafcioa ■aat hm watmkttmA bv aBPli( daadli— data i« ortar for to ba tsidarad latat Coaiplatad Application Fora 2. Cartifiad Preparty Oimara tiat of oanara within 150* (you auat obtain thia liat froa Rannapin County Dapartaant of Pinanca A-603 (^ovt Cantar 340-3271). 3. Plat Map (^tainad with proparty ownara liat). 4. Cartificata of aurvay (aignad by a licanaad aurvayor) to include hardcowar calculatlona as required. (provide one (1) copy 8%*xll* for rarroduetion)• _Topographic survey (existing and proposed alavationa) if any changes in existing grade are proposed (provide one copy §%**xll*). 0._ _Sketches or plans of floor ft elevation views (provide 1 copy 8%*xll*>. 7. _As an addandusi to this application* please attach a separata liat of any other parsons you wish notified of this application. 8. Additional itaas as nay ba requested by City staff. The Applicant and Property Owner nust sign this application rssiaahar .that veer variasoa aaelicatioa is net coaplata if < iaf atMtiao hai AFPLZCAMT*8 SXCMATDl The applicant hereby agrees to provide all inforaation required or requested by the Zoning Adainistrator# agrees to pay additional fees (staff tiae not covered by original fee payaent) and/or consultant expanses incurred in review of thia application* and certifies that the inforaation supplied is true and correct to the best of h4%^her knowledge. Applicant's Signature Date 1 I / 8 /9 ^ OMOTSa SI6HATDU The owner hereby ackowleug^ and agrees to this application and further authorises reasonable entry onto the property by City staff* consultants* agents* Cosnission members* and Council members for purposes, of investiga tion and verification of ^is request. 0«mer's Signature nittals into the gity off Date U Applicant must have all yi;^ittals into the gity offices 25 days before the Planning Coouaission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review aeetings of the Planning Cosniission and Council. If an applicant is unable to attend a scheduled meeting* please make arrangements to have an authorized agent attend in your place and to advise the Building ft Zoning Office' of this change prior to the meeting. ■ * 4 m % • • 1 mm mn umm (TV wpww>ni mttM LIST ■iWT m. mttm itf'4 rf r Wv. •U7*tf n tm M n-U7-tS SI• MVir ■• t • iW S» M-US-tS SI twtcm m %nun sv sm usmss ss-uf-a ss Mcs m t»-uv-ts St MSS m is-us-cs utMft liMNHMwrs m Hsn M7fMCVtSTA Ml SSSn•uf-cs n r MiiMI s«ft• UK*MTtm Mi sns?NMUTSMI innSt ••-UV'CS sc•wit J J Mwttrs m «sn •»« - > ...n -•Tv . ■;j '■i V :>■- h-* b-*- is-i";* :• ¥:■ J.. m ■ ^ ^' . i k:- r %1 fei’S wr ■-;'i-! D JJ. - Novel 9, 1993 Mr. Lyle Oman Boildh^ Official City of Orono 2750 Kelley Parkway Orooo, MN 55356 Dear Lyle: Pleaie ch lener to my applkatioa for a buikting permit and variance to rebuild the residenoe. As we discussed on the telephone, the builder I hired did not obttin a buiUii« permit and rebuih the storage shed on the foundation of my former storage d. There has been a larger structure in this location for an estimated forty phis years and obviously wt would like to keep the smaller improved stnicture. I have had disc and lower back proMons for over ten yean and the hauling between the house and lakeshorc can be very d^tiliUttiiig for This shed is smaller and safer than the old structure which was a safety hazard and an attractive mikanee for OUT chihhen and odier kids in die nei^iborhood. They played in and on the old structure wdiich was just waiting for an accident. WUh the traffic day and night on the abutting public easement we also need this storage shed to secure our possessions. Our neighbon have been very ideased with the new structure as evidence by their enclosed letters. Ruthie and I want to do whatever we can to work within your system to keep this storage shed in its existing location on the old foundation. Please call me at work at 376*7050 or at home at 471-8220 if I can be of any additional assistance. Sincerely yours. Pat and Ruthie Wolfe 2871 Casco Point Road Wayzau, MN 55391 « '■■r ....... yy^^ \ '**’* t R; : >■■•. ii'. t iv B-i .y llov«ab«r 9, 1993 City Of orono P.o. Box €€ Crystal Bay, NN 5S323 Attn: Orono City Council i Orono Planning Conaiasion RE:Tha Patric wolfs Rssidsnce 2B71 Casco Point Road wayiata, MN 55391 To Whoa It May Concsrn: It is our undsrstanding, sons questions have cons up regarding Mr. Wolfe*s storage shed. We live next to the Wolfe's at 2879 Casco Point Road and are pleased to see the inprovenent. The inproved shed, now in place, looks great and appears snaller than the previous shed. This structure is definitely an isprovesent in regards to safety. The last structure was old and appeared structurally unsound. We welcone the inprovenent and have no problen with it as it is. Yours truly. ence 0. Elsen LDE:310 t: -> November 9, 1993 City of Orono 2750 Kelley Parkway Orono, NN 55356 To Whom This Concernst I am writing this letter to you in regards to an improvement my next door neighbor made to his property at 2871 Casco Point Road. The Wolfes rebuilt a lakeside shed which replaced a deteriorating shed that was an eyesore and a hazard. The roof was rotting and sagged and the door wouldn't shut. Electrically it was unsafe. *n)e new shed is less obtrusive and seems to be smaller in sxze. This is a pleasing improvement from my viewpoint as a neighbor. Sincerely, / Rosemary C. 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CALL TO ARRANGE ACCESS. r PHOTO taken “ CITATION ISSUED C«i lor #!• i»*l Inspoctlon 24 hours In adiwne*.473-7357 OsmoflComrado^flOJilo:------------s-t-------- >N*pNg*—^ —1/44a^ k'•.* I ;-i .. i........... ...--------- 1-iW Aiifitst 12, 1993 GITYof (mONO M—kip«i Oflicts 2750 KtHty P»»»n Orena 55356 MaMig M*tn: P.O. Bn 66 CryjtiJ Ba». MN 55323 r* ^1 ■4 ,P-- .i >• d has been built or placed Patrick Wolfe 2871 Casco Point Road Wayzau, MN 55391 RE: Stwafe Sbed Dear Mr. Wolfe: It has come to your piopcrty ^ ™. U »i-rfonn you ^2^ haidcovcr widiin 75’ of the lake. Therefore, the City must ret^irt you w Ifthis deadline is not W y«* any'qu«ik,ns or if you have a problem meting thU deadline, please feel free to contact me at my o ice. Sincerely. Lyle Oman Building Official LO/lsv ce: Jeanne A. MabuMh. BuUding and Zoning Adminisnaior Bnice L. Vang, Field Inspector Tdnilwe* " fA*d7»OSIO 0066 l&ff CITYaf CMIONO M—iripal Street M*«U: 2750 Het»tj Oreno. Ml S53S6 P.O. Bo> 66 CiyiUI Sn. 55323-0066 November 3, 1993 ¥' '■m;-.' • Mr. Piirick Wolfe 2871 Casco Poi« Road Wayzaiat Minoesoia 55391 Re: Stonfe^Kd Dear Mr. Wolfe: o, 1!. urn .«•»“ *«“ 2 to icconUnce with the . A^t!!r if aii, de^ltoe ii not met. the City wiU Hyo«h.v.»y feel ftte to conact »e a my o«i«- Sincerely. Lylfe Oman Building Official LO/ch cc:------A. Mabusth, Buading & Zoning Administrator Bruce L. Vang, Field Inspector rateiM. («i» «»•«« • .•V *■ 0066 a\f! Mav 4. 1994 CITYofORONO Mmicipai Ofllcts Street AMiess: 2750 Kelley ParKwey Orono. MN 55356 MailNif M*ess: P.O. Bci 56 Crystal Bay. MN 55323-0066 P I Mr. Patrick Wolfe 2871 Casco Point Road Wayzau. Minnesou 55391 Re: Zonii^ Applicatioii #1895 Dear Mr. Wolfe: I have completed a pteliminary review of your after-the-fact application for variances to construct an accessory structure (10 x12’ shed) on your property. The Ono Associates which you provided contains a wealth of information wluch leads me to make the following comments: • The survey is exneroely mUleading, showing a dark line boundary that does not n...ch the legal boundary of your property. No addendum was ptovtded by you or your surveyor to expliin the format of this survey. • The shed is clearly not within your property boundaries, but within the right-of- way oi Connan Avenue. • The survey suggests a "proposed" change to your legal description which would place the shed approximately 4’ within your property. However, you have riot applied for a vacation of a portion of Carman Avenue, and if you did so. the City would undoubtedly deny such a vacation given the DNR’s consistent opptMition to such proposals which reduce public access to lakes, and given the City ’s use of the right-of-way as a public beach area. • A site inspection reveals that the shed is approximately 8 ^ norn^ shoreline (not 12’-14* as survey shows), and obviously within 75’ of the lake where no structures or hardcover are allowed. Your surveyor did not identify the 929.4’ elevation contour which is required by the City for all surveys abucung Lake Minnetonka. 0 "pjig survey shows and site inspection verifies that your recent landscaping has encroached onto the 60’ City right-of-way by as much as 20'. TekpiMwe (612) 473-7357 • FAX 473-0510 is- Mr. Patrick Wolfe May 4, 1994 Page 2 3066 • Tijg fact you had a boat bouse in the same location for many decades has little bearii^ on the City’s consideration of such structures. City codes are designed to eliminate such structures within rights-of-way or near tlw lakeshore as they deteriorate. Once the building was removed, it lost any "non conforming structure" status it may have had. • Further, the fact that you used an existing "foun^i^" ^ this > deteriorating slab) has little bearing, since per Section 10.55, Subdivwiori 26 (E). "If any non-confwming use is destroyed by any means including floods to an extent of 50% or more of its assessed value, it shall not be reconstructed in conformity with the provbkms of this s^tion". Removal of the old shed constimted a removal of nx>re than 50% of its assessed value. All of the above leads City staff to conclude that you have not made and cannot make a legitimate variance application for this structure. A variance will not be granted for construction of an accessory buildup on the City right-of-way. Tbe Muttan must bt nmand tamitdiataly. The ponion of your $175 W application fee not used in k(al notice publicaiioo will be fctumed. I suggest you relocate the Structure to a conforming site on the lot. ;Miint Adminiftiator Jeanne Mabusth and I would be happy to meet with you to discuss m of Ihe poims in this letter and a possible location on your property nouirer^ for tbe shed. Please contact me or Jeanne as soon as possible at 473-7357 to arrai^e a meeting. Sincerely, p\ Michael P. Gal Asst. Planning & Zoning Administrator MPG/ch Enc. Sections 10.55, Subd. 26; 10.03, Subd. 5 cc:Jeanne A. Mabusth, Building & Zoning Adm. Lyle Oman, Building Official Bruce L. Vang, Field Inspector John R. Gerhardson, Public Works Director *v. r ir; June 6. 1994 GlTYoTORONO Munici|Nil Offkts Street Address: 2750 Kelley Parkway Ofono. MN 55356 Madinf Address: B 0 Boa 66 Crystal Bay. VN 55323 0065 Mr. Pat Wolfe 2871 Casco Point Road Wayzata. Minnesou 55391 Re: Storage Shed Dear Mr. Wolfe: Pursuant to our discussion of May 31. I undersund you will not be providing the Cty with a revised survev showing your new storage shed as being within your Consequently your after-the-fact variance application has not been scheduled tor the June Planning Commission meeting. You indicate it is now vour position that the storage shed is actually an "ice fishing house which you intend to move out onto the ice each winter and store temporarily on the shore in the summer. I advised vou I would review the City codes regarding the status of tish houses .1 "-hed" '•'^ur Ntildine ’s corisidered as a oeraianent stnicture; as a "fish house , it is considered as a temporary structure. Both permanent and temporary structures are aeait wiin in Section 10%. Subd. 8 and Section 10.22. Subd. 2. Nqih^r tempor^R^C permanent structures are allowed within 75' of the lake nor encfoa^lyng pftst th<? ine Neither vou nor any other resident are allowed to store a fish house in the lakeshore yard not meeting the setback requirements. A temporary struemre is considered hardcover, is an encroachment, and is regulated the same as a permanent structure. Your comment that many propen> owners on Casco Point have fish houses stored next to the lake has no bcarinu on vour individual situation. Furthermore, our shorelme inspection tour of the Casco Point. West Arm. Forest Lake North \rm and Carman’s Bay arc^ on found no more than five Tish houses" on approximately 14 miles of shoreline. They simply not being stored on the shoreline at the vast majority ot lakeshore residences. The City’s position on your building has not changed and will not change no matter what you call it Further, the City has no survey that shows this building is located or stored within your property boundaries. Absent such a survey, your after-the-fact variance request cannot proceed Telephone (612) 473-7357 • FAX 473-0510 'r-' I ;;i.- & ■,.u .•;> ■ ■'S-. i.r- ii .-> :-^l. I . ■ • viakififf a complete application for variance and immediately Vd* 4 op.k,« .be City can allow you other than forcing removal of the offending building ThcfcraK, ia order l^**^*^*^*^,*^^ ftM^JuneM^^lW In order to*^«>eee tlie structure. Sincerely, Michael P. Gaffron Asst, punning & Zoning Admimstrator MPG/ch Enc. Sections 10.22. Subd. 2 and 10.55, Subd. 8 cc:Bruce L. Vang. Field Inspector Lyle Oman. Building Official Jeanne A. Mabusth. Buildmg & Zomng Adm. Ronald J. Moorse. City Administrator City Attorney r t iV. Width and Yard Requirements. Subd. 5. Area, Height, -Ow wiaua . or building shall exceed j'r t“ilty‘ f4et in height except a* provided tn Subd. 5.Area, A.Height, 2-1/2 stories or thirty Section 10.75. B.Lots. be observed: B. Lots. The following mininun requirements shall Lot Area Lot Width 100 feet Front Yard 30 feet Side Yard Side Yard Adjacent to street 10 feet 15 feet Rear Yard 30 ^eet 1/2 acre ^ SBC. 10.22. **®®**^’i^" DI^BICtI •LB-IC* ABO -LR-1C-, or "LR-lC-l* One Within any -LR-IA , District the following regulationsFamily Lalceshore Residential District tne shall apply: Subd. 1. takeshore Set Back Regulations. The setback from the shoreline for lakeshore lots.- . <-w 1 1 vtsn 7S feet for all structures except that on lakeshore lot ’s li//f/,,^L%rel“:nr4rrnclVs* In^hirfht*!^ rl!ot:d ‘:r“e^^k^^ho^“”/t•i•oVor ”e^ot and requires a building permit from the City. B. SO principal or accessory be located within :ho%”line°orex\°stIn^ S:ji2ri?a"nSiid “Ind°sp« riration ” ««pt that this doe. not stru^ure lllow^d in subsection A abov^--------------------------- subd. 2. Lakeshore Sa^'V=°’'*! inrthe*e‘‘shiir"be^no Regulations. within 75 feet of shoreline J. .truot.^na “^.%-gr-fiiringrha^^^^^^^^^ cermit-ed under Subdivision 1 of this .. . .. triTo Vee^":f>-ht Shoreline there hardcover. Wiwhin 25 *® ha*-dcover within 500 feet to 1,000 ORONO CC 283 (4-1-84) L. - ■'ra;**'. T', .. . .............................T;.-, .. . . .......■•q:7Sr K lA- i : L. S 10.55 «:Mhd 6 zoning Use Districts. The Zoning Use Districts Subd. 6. zoning •»onina Map shall remain unchanged as designated on ^ of this Section, with the '*1^* Flood Plain and Wetlands Conservation including the other provisions of this Areas, shall be in ° between other orovisions of thisChapter. Whenever conflicts occur Between ■ Chapter and provisions of this Section, provision shall prevail. subd. 7. L\»??on's°h ‘a*u'b°« fn'Iuva^ion^n: Regulatory Flood elevation of the regional flood plus IZ'nlT:.::: I'n^Ao^oTa'leTatlirVaused by encroachments on the flood plain. ^ r.rtuiatorv flood protection elevation within the Floodway and adding 1.0 foot to the ^ in the Flood fi~r?nce Htud^ RVulat«y “ flood protection elevations between cross-sections shall be interpolated. 3. The regulatory flood protection elevation f Lake Minnetonka shall be 932.5 MSL. C. The regulatory flood protection -i^::r:d*^^rrss!i*ni"l ^e^rVlo^e'r forth herein. ................................. .............. " Subd. 8. Development Restricted? Prohibition. ** hereinafter speciacally SSSin*rh-ii^sriT:in“^^wVti»^^ land abutting, adjoining or with thV policies:k"..:sv .v':nr,VcV>^.‘%.‘ri;vv?;:.;.‘.'!.»: =s »••• conservation areas in their na^tural^_sta£^ Subd. 9. Floodway District (FW). The ^ have a low flood damage potential and do not obstruct ?hHe uses Shan be pirmitted within the ?lo°d«ay District to the latent that they are not prohibited by any other City coae orovision* and provided all permits or authorizations f Sa^mav be required by other City Code Provisions or regularlo other ^governmental agencies having jur isdiction, includ^ing^^^^ limitation, the Minnesota Department Minnetonka Cons”e?va;ton'^^^^^^^ no use shall adversely affect ORONO CC 365 (4-1-94) 1 r s ^ ^ I i ^ : (> 5 10.55 Subd. 26. Non-conforming Uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Section but which is not in conrormity^wi.h provisions of this Section may be continued subjecv. to the >y following conditions: A. Mo such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity. ^ 3. No structural alteration or addition to any non conform ing^^ructure over the life of the structure shall exceed SO D«rcent of its value at the time of its becoming a non-conforming use unless the structure is permanently changed to a conforming use'or unless the alteration or addition would substantially re uce DOtential flood damages for the entire structure. * potential shall be protected in accordance with Subdivision 14, Subparagraph S of this Section. D If such use is discontinued for tw el v e consecutive months, any future use of the building .'rtnfrtrm to this Section. The assessor shall notify the Zoning Administrator in writing of instances of have been discontinued for a period of twelve months. E. If any non-conforming use is destroyed by any ^%=c^^^s-trSn-if'^'/w7e "7 i‘olat%d“ outside the floodway and, upon the reconstruction, is adequately flood^proofed, elevated or otherwise protected in conformity with this Section. Uses or adjuncts thereof which are or become nuisances shall'not be entitled to continue as non-conforming uses. G Except as provided in Subparagraph E above, any use which has been permitted as a conditional use shall not be considered as a non-conforming use. H. Non-conforming uses located in the rloodway District shall be eliminated or brought into conformity Standards contained in this Section within a reasonable period or time as determined by the City, after a hearing for each suen /-rtnfrtrmina use The Council shall make its determination upon the brsis of%lle normal us"5ful life of any premises. In addition, the monetary value of any fdvantaae de*’ived by the operation of such non-conforming use, by i-eason of t.he limitation on establishment of competing businesses ORONO CC 375 (4-1-84) ...... ...... r rs: V « w . as a result of this Section, shall be considered as a reduction cf losses resulting from the requirement of termination or the use under this Section Subd. 27. Amendments. The flood plain designation on the official maps shall not be removed from flood plain areas unless it can be shown that the designation is in error and that the area is at or above the elevation of the regional flocc and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Section including amendments to the official maps must be submitted to and approved by the Commissioner of Natural Resources prior t adoption. Changes in the official maps a^so require prior approval by the Federal Insurance Administration. Subd. 28. Interpretation. In their interpretation and aoolication, the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in ° the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. The Flood Plain Districts shall be determined by scaling the official maps. Where interpretation is needed as location of the boundaries of the district as shown maos* as for example where there appears to be a conflict mapped boundary and actual field conditions, the City " shall make the necessary interpretation based on location of the district boundary shall be ®.f opportunity to present his case to the City and to submit technical evidence if he so desires. Subd. 30. Warning and Disclaimer of Liability. This Section does not imply that areas outside the administrative decision lawfully made thereunder. Source: Ordinance No. 213 Effective Date: 1-11-79 ORONO CC 376 (4-1-84) k.. — A V coMienrequest for council ACnONDf'^ DATE: DoBmter 8. 1994 ITEM NO.: ^ ttMOC A. Matousth TMk Biiildifit a ZooiBf AdntBiitraMir Afoda Sect Zoning I t: #1976 Don Gamble. 4680 Bayside Road - Final SubdiviskNi - Resolution Uit of ExMl A • Resolution #3495 Gfanting Approval of the Prdiminary Plat B > Gamble Letter of 12/7/94 C • Map LocatiiR Existing Wells on Lot 2 D • Final Plat of Bayside Hills The applicant has MfUled all condkioiis of preliminaiy subdivision approval. The applicant has removed the bam <ni Lot 2. Review Exhibit C, wells have been located on Lot 2. Stodola Welte has been hind to abandon welb not to be used by fuliin owner. Well #2 was abandoned on PffftnbfT 7th and Well #3 located right on the lot line, will be abandoned on December 8th. Staff has for writien confirmation from Stodola that well abaadoainent has been completed. Well #1 has been conditioned and will remain to serve the futun residence on Lot The $10.4 City. I IXIJ park dedication fee and the other required fmal plat fees have been paid to the Sttff recommends approval of the plat of Bayside Hills subject to the findings and conditions of the approval resolution enclosed. COUNCIL ACTION REQUESTED: To either adopt or amend the iqiproval resolution. •. . •y y.-.----- =■•'■■ ■■ ■■ ■••••■■•■ ■" I f >K. I m A El iLimON ATWOVING THE PLAT OF BAYSIDE HILLS FILE NO. I97i WHEHEAS, the City of Orono b t municipal cotporatioo organized and existii^ Y the laws of the Stale of Mhuiesoia; and WHEKEAS, the City Council of die City of Orono has adopted subdivbkm regulation for the orderly, economic and safe developmem of land within the City; and WHEEEAS, the City Council has conideied the application for a lubdivbion of a Class in plat by Don P. Gamble. Ul and Qualro. Inc., a Minnesota corporation, (hereinafter "the subdividen*): and WHmEAS* on November 14. 19‘M, the City Council ^>p^oved Resohttkm No. standardn of the RR-1A Rural Residential Zoning Dbtrict finding that each lot b of « configuration that would allow its use as a single family residence to be fully developed withou the need of any further variances; and WHEREAS* the subdivider has completed all retpiiiements of the plattii^ regulations of the City, including: 1 Completion of all the requirements of Resolution No. 3495, the resolution that granted preli minary approval of the two lot plat. 2. Dedication on the plat of drainage and utility easements. 3. Dedication on the plat of right-of-way for a public road shown as Bayside Road (County Road No. 84). 4. Payment to the City of the park dedication fee in the amount of $10,400.00. Page I of 3 4 S. M •.5 1 5. Piymenl lo the City for the legal review and filing of the plat e»emenis and covenants in the amount of $75.00. of Oono County. Mtonesou. siil^ to the followini conditions: 1 Upon apidicatioo for ImiMing permits for I and 2, the fiitw npies^ves shall provide detailed grading, drainage and tSIirdiiways before building permits can be issued. 2 An access permit must be approved by the Orono Public Works pUe^ ifacc^ tVbe achie^ via McCulley Road. Ttie Hen^ C^ Depaitment of Transportation permit is required if access b to be Ba^ Road (County Road No. 84). These permits must be approved before building permitt can be issued. 3 Future access to the Luce Une for Lot I has been approved as a traU construe^ on eabting grade to be covered with wood chips. Any future changes in this approved plan must be reviewed by the City. 4 The rforeseid plat shall he filed by the City of Otono with eith^ H^ta County Recofdet’s Office or the Registrar of Title's Office on or before June 12. 1995 together with a certified original copy of this resolution. The approval granted by this resolution shall expire if ihe plat has not been date specified^ve. In that event it will be necessary to^ a *•* of Orono for subdivision review. Dated this 12th day of December. 1994. ATTEST: Dorothy M. Hallin. City Clerk Edward J. Callahan, Jr., Mayor Page 2 of 3 , ;.-Y=. ‘ • i: ^ I'l CITY of ORONORESOLlTiON OF THE CITY COUNCIL\o. 84 9 5 3. 4. 5. K P«.r Section 10 02 Definition 36 that defines a from lot line for a comer to to line for Ito 1 oto. b« <kfu*d « Coomy Road 84 where ihe existing pUtted corridor measures only 179 C Lot 1 would not mquire a to wtoh variance if the defined along McCulley Road where there is some 745 lineal feet. d Access for Ito 1 will be provided along McCulley Ro^ and yet ite code would require that the front/street yard be defined at Bayside Road. Both lots have adequate and suitable soils for on-site treatment facilities. Each to has been approved for access either at Bayside/County Road 84 or McCulley Road. Each to can be developed without the need for granting setback variances for residemial construction. NOW THEREFORE, BE FT RESOLVED, that based upon one or tnore^f^ r-a- nnied above the City Council of the City of Orono hereby approves the prelimina^findings notrtatov^iheC^c^n^^^^ ^ ^ £^:rnllTF?aLh'1 licen^ui^y of Lot^^eys Company. Inc. dat«l 9-22-94, subject to the following conditions: Dedication of an additional T of right-of-way for future ^ intersection of County Road 84 and McCulley ' J'’'’ and of-wav shall extend for 40’ stanmg at the intersection of McCulley Roau Counw Road 84 and run easterly along County Road 84. Dedication of drainage and utility easements 10’ along the perimeter boundary of the properties and 5’ along the shared lot lines. All residential construction shall meet required setbacks of RR-IA zoning district as follows: 100’ front and rear setback 50’ side setback. 1 Pace 2 of 5 tvmVXA ^1l<k = • ! t ■ ; ‘ y ' CITY of ORONO RESOLITION or THE CTH’ CW NCIL xo. 3495 4. Developer to obtsin 3 demolition permit for the removal of the bam on Lot 2 to be completed prior to final plat approval 5. Upon application for built’ permits for Lots 1 and 2. future owner shall provide deuiled grading, drainage and erosion control plans for construction of driveways to serve new^building sites. The Cit> Engineer must approve grading plans for driveway construction before building permits can be issued. 6. An access permit must be approved by the Public Works Director if access to Lot 1 shall be achieved via McCulley Road. If access is to be achieved via Bayside. a Hennepin Count) DOT permit is required. These permits must be approved before a building permit can be issued. 7. Prior to final plat approval, subdivider is responsible for locating existing wells and to confirm which well shall remain to serv'e fimirc residential construction. Any well to be abandoned must be permitted by appropriate State and Counts' agencies. The subdividcr must provide written confirmation that wells have been legally abandoned prior to final plat approval. 8. Funire access to Luce Line Trail for Lot I has been approved as a trail constructed on existing grade and to be cov cd with wood chips. Any changes in this approved plan must be reviewed by the City 9. Payment of a park dedication fee prior to final plat approval. The City Assessor shall be asked to determine the fair market value of the undeveloped land. 'The park dedication fee shall be based on 8^ of that value. The follow ing list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1.Record plat draw mgs in the form of two (2) mylar copies (with one copy for the City records and one for filing with Hennepin County^ and one (1) copy reduced to r = 200’. Drawing to include: Paee 3 of 5 if' ir;r cmr of ORONO RESOLITIO!^ OF THE CITY COl'NCIL YO. 9 4.9_5_____ k’f ■vv 3. A. B. C Lot lines platted per prcliminar) survey by Raymond A. Prasch of Lot Surscys Company, Inc. dated September 27. 1994. Dedication of "drainage and utilin- easements" as noted in Item 2 above. Dedication of additional 7* of right-of-way for County Road 84 as noted in Item 1 above. D. Naming of plat. Legal documents required A. . . V •V V' B Fees to be paid: Total due: S250.00* Fina' plat fee = S175.00 B. Legal review and filing fees for subdivision = S75.00. Title opinion addressed to the City. All owners. iiioftga*e .h«l^ or -: V others with property interest indicated therein shall sign the plat and all Other documents affected by such mterest. The applicant must provide cenified copies of all recorded easements currently affecting the property. If appropriate, written confirmation that wells to be abandoned have teen abandoned per State and County sundards. The subdivider shall confirm location of existing wells to remain to sen e future residential construction with On-Site Septic Manager. Stephen Weekman. Subdivider shall obtain demolition permit for removal of bam on Lot 2. -T“. r ~r.r--.Jn u A t t U f 1 U'lfu * - w V ir J u "WU A ' u a .* ”^V . v,'"*v V r “-.v.V 'rOu * City Assessor to detemune the fair market value of undeveloped ... tJ* park fee shall be based on 87c of that value. Such payment must be made prior to final plat approval. .Applicant will be advised of determination ot the par' dedication fee as soon as the City Assessor makes his report to the City. Paee 4 of 5 I jr^ VV5S ta —-rrtrr’ i'' •■J v; 1 ' i ''i t f 1 i i' ♦ cmr of ORONO RESOLtnOK OF THE CITY COl XCIl .Yo. 3 4 9?^_____ Adopted hy the Cit> Council of the Cit> of Orono, Minnesou ai a regular meeting held this 14th day of November. 1994. ATTEST €)oroihy M. Haft '')y-yM4L££>^ in. City Clerk !/( f ^ t '* ■ Edward J. Call^n. Jr . Mayor STATE OF MINNESOT.A ) ) ss. COUNTY OF HENNEPIN ) >he forewing instrument was acknowledged before me on this H* <»»> »f November. IW by ediard J. Callahan. Jr. i Dorothy M. Halim. Mayor & City Clerk of tf« City of Orono. a Minnesou municipal corporation and said instrument was executed o of the City. :r :JKDA S. VEE r.c’A'’f ^SuC - m.nn'SOTA M-riNEPlM COON.Y My tJipires Notary Public Pace 5 of 5 :- w rrrr r Edina Rea ^ i • v-t’ka Office ii:^w^vaaBKd. .VCn 55M Ofic»4612)47S'2411 FAX <6I2)476>5333 Oecenber 7, 1994 jMfme A. Habusth Building «nd Zoning Administritor City of Orono 2750 Kelly Porkwoy Orono• m 55356 Deer Jeanne, In response to your fax yesterday, I have enclosed a copy of t^ Satisfaction of Mortgage by Painters Creek Development Corporation. I have also enclosed a check for $10,400.00 for the Park Dedication Fee for ^yslde Hills. The sUtus of the existing wells on the property are as follows: Well #1 is a 12" diameter well that is being brought Into service by Don Stadola Wells. Well #2 is a 4" diameter well that is being abandoned. It has been grouted and is being certified by Don Stadola Wells Well #3 has not been found on the property. It is thought to be a 2" well would be located partially or totally off of the property. Stadola Wells is actively looking for this well. If it is found to be on the property, it will be abandoned. Thank you for your help in this matter. Sincerely, Don P. Gamble III Edina Realty in 1:1 • mjf ***► E “‘‘Wustnn, REQUEST FOR CCHJNCIL ACTION 1994 ITEM NO.:. <7 L-- PPHIPIHPI 1 *, ( TMt Appranri: Jaaac A. Mabosth Biitktmf A Zooiag Administmor AiliiniTtrator Revkwfd:Afcnda Sccti Zoning Dwcriprtwi; #1980 A A TI evelopment. 460 Park Avenue • Variances - Continuation of Public Hearing - Resolution Diairkt: LR-IB Total Area of Property 25.000 s.f. PUrttocnt Orrtinanrn 1.Section 10.24. Subdivision 5 (B) - Lot staoJards for LR-IB zoning district. A. Area variance: Minimum lot size >= 43.360 s.f. or 1 acre (per Section 10.03 Subdivision 6 (A) allowed without variance = 34,848 s.f. or .8 acres or 80%) Existing « 25,000 s.f. or .57 acres Variance = 18,560 s.f. or 42.6% B Lot width variance: Retailed = 140’ (Existing lot of record allowed Existing = 100’ or 71% Variance = 40’ or 28.5% = 112’ or 80%) AdditkMial Exhibits I Gustafson’s Sketch of Improved Turnaround Within 30' Right-of-Way J Applicant’s Sketch of Developed Property Brief Description of Application Please refer to the staff memo of November 16. 1994 and the minutes of the Planning Commission meeting of November 21st for more background on this review. Applicant seeks approval of a lot area and lot width variaiKe for 25,0(X) s.f. property at 100’ width bounded by Tonkawa Road to the east and Park Avenue to the west. The property is classified as a through lot. All accessory structures will require conditional use permits. V Roiiiest for Council Action continued page 2 of 3 Dece mbe r 5. 1994 Zoning File #1980 A & T Development. 460 Park Avenue The property is made up of four independent parcels that have each been assessed 1/4 sewer unit. The parcels must be legally combined before a building permit can be issued. Drainage from the site draim predominantly to the east. The City Engineer sees no problem with the residemial development oi this property. A major concern for this review has been the issue of access as Park Avenue, an unimproved dedicated right-of-way, will now service three residemial units. The Engineer had originally recommended thm road be upgraded to a 24’ paved width. The Planning Commission supports the recommendatioo that the existing paved road be extended at the cuirem width and that the City Eiyineer be directed to provide an altemative plan for use of the 30’ width righi-of-way for turnaround use. The Public Works Director has advised that the City maintains Park Avenue up to the second residentiai driveway. If th: roadway b to be maintained by the City t^) to the proposed third residemial drive, then the enclosed Engineer ’s sketch (Exhibit I) must be revised to serve maintenance vehicles with the north radius changed from 10’ to 20’ and the southerly comer to a 10’ radius. The turnaround is provided by extendii^ the travelled roadway (Park Avenue) a minimum of 30’ northerly of the curb cut to the newly developed lot. The applicam b opposed to the turnaround improvemern (fesigned by the City Engineer noting the improvemern will result in the unnecessary loss of mature trees in addition to diminishing the privacy and value of the lot. The following options are available to Council 1.If road is to be maintained by City, then driveway and extended Park Avenue must be dciigned per Engineer ’s plan for use of trucks. 2.If a turnaround is not provided at the north end of improved Park Avemie providing a safe/feasihle turnaround for municipal maintenance vehicles, then applicam shall be responsible for mainuining the driveway within the extended portion of Park Avenue. The enclosed approval resolution has been drafted per unanimous recommendation of the three member Planning Commission. The conditions of their recommendation are as follows: 1. Legal combination of the four properties prior to the issuance of a building permit. I Request for Council Action continued pnge 3 of 3 December 5, 1994 Zoning File #1980 A & T Developinenl. 460 Puk Avenue 2. All fittuie development to meet standards of the LR-IB zoning district 3. Per Section 10.03. Subdivbioo 10. the lot is classified as a through lot and a condkiooal use pennit b lequtied for the consinictioo of accessory strocnires on such a lot. The enclosed approval resolution does not address the upgrade of Park Avenue or the need to install a turnaround. The resolution will be amended to include Council’s final resolve of the access issue. COUNCIL ACTION REQUESTED: To close the public hewing and lo direct staff to amend the resohitioo to include final resolve of the a ccess and the need for a turnaround. . !« - ------ I A lESOLUnON GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION SUBWVISION 5 (B) FILE NO. I< ««p„p.«y “ folkms: Lois 1. 2, 15 sni 16, Block 1. Miimrtoolai Summit P«fk, Hcmiepm County. MimcM (hemmiBer "the propeity*); and WHEREAS, the ippliMa tos anilM lo (he City for viriances lo Muaiclp.1 Zooiiv Code SectioB 10.24. Subdivisioo 5 (B) lo |«niul f B nra^ ihM of 25.000 J.f. or .57 fcres m »ea and where 45.5«0 $X or I Kit » SJS miniiiium aie. for lesidenlial develownem and where mwnWiu. «# tii^ <t»et setback where 140’ width is required. NOW, THEREFORE, BE IT RESOLVED by the City CouncU of Orooo. Minnesota FINDINGS 1. This application was reviewed as Zoning Pile #1980. 2.The property is located in the LR IB. Lakeshore Residential Zoning District, requiring one acre or 43,560 s.f. in area. Three members of the Orono Planning Commission reviewed this a^lication November 21,1994 and recommended approval of the proposed variances based upon the following unique findings and hardships: The Minnetonka Summit Park plat was approved ir. 1912 prior to zoning standards for residential development. B. Devclopraem of the 25.000 s.f. site would be consistent with th^sionc and current pattern of residential development of the neighborhood. Page 1 of 4 A. A'W- 1*V c.The propeity has been assessed one sewer unit and a sewer stub is available at both Park Avenue and Tonkawa Road (CouMy Road 135). D. There are no undeveloped combining with the sub^andaid property The City Council finds that the conditions existing on this property* are peculiar to it and do not apply generally to other property in this zoning district: that gnmting the variances would not adversely affiKt traffic conditions, light, air nor pose a fue hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty ; is necessary to preserve a subsuntial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.The City Council has considered this application including the findings and recommendations of the Plannii^ Commission, repoits by City suff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal 2^ning Code Section 10.24. Subdivision 5 (B) to permit construction of a new residence on a property that docs not meet the area or width requirements seeking approval of an 18,560 s.f. or 42.6% area variance and 40 ’ or 28.5% lot width variance, subject to the following conditions: The four properties shall be legally combined prior to the City’s issuance of a building permit. 2.All future development shall be subject to the standards of the LR-IB Zoning District and Shoreland Regulations of the City. Per Section ’0.03, Subdivision 10, the lot is classified as a through lot a,;d all accessory structure^ will require a conditional use permit. Resolve of access/tumaround requirement Page 2 of 4 -jii-_ » ... . .r . L 5.Authorities gniMcd hy this resolution tun wiin uie propwy nut witu applicatts. but aie pennissive only and roust be exercised by application for a bttildiiv pennit within one year of the date of CouocU approval or this variance will expirc on that dale (December 12, 1993). Violatioo of or non-compliance with any of the tenns and conditions of this resolution constinne a violatioo of the zoning code, shall automatically terminate any authority framed hcftin, and shall be punishable as a misdemeanor. 7.Dwight Post of A & T Developmenl and Johmon Investmcms Limited Partnership of Hanfoid, Comecticot have read, understood and hereby agree to the terms of this rcsolution and on behalf of themselves, their heirs, successon and assigi^ heieby agicc to the recording of this resohition in the Cham of Title off the property. Adopted by the City Council of the Ci«y of Orono, Minnesota at a regular meeting held on the 12th day of December, 1994. ATTEST Dorothy M. Hallin, City Clerk Edward J. Callahan. Jr., Mayor Authorized Represenutive of Johnson Investments Limited Partnership of Hartford. Coimecticut Dwight Post. A & T Development STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) -%o u a fThe foregoing instrument was acknowledged before me on this 28th day o Febniarv 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Cleric of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 1 t > ! i i __^_______"L, » .11*' . -----------’ -_____ % f I I .t I ■II STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this_______day of ______________________. 199 ___. before me a Notary Public within and for said County, personally appeared _______________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of . 199 ___. before me a Notary Public within and for said County, personally appeared ____________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notan Public Page 4 of 4 r I I f 3 TO:Chair Schroeder and Orono Planning Commission Members Ron Moorse. City Administrator FROM Jeanne A. Mabusth. Building & Zoning Administrator DATE:November 16, 1994 SUBIECT: #1980 A & T Development, 460 Park Avenue - Variance - Public Hearing Zoninf District: LR-IB. lakeshore residen Total area of property = 25,000 s.f. Piertiiient Ordinaoccs Section 10.03, Subd. 6(A*1) - Existing lots of record need only meet 80% of lot width and lot area standard. Section 10.24. Subd. 5(B) - Lot standards LR-IB. A. Area Minimum lot size = 43.560 s.f. or 1 acre Required — 34,848 s.f. or .8 acres (80%) Existing = 25.000 s.f. or .57 acres Variance = 18,560 s.f. or 42.6% B Lot width Required Existing = Variance = = 140’ = 112* or 80% 100’ or 71% 40’ or 28.5% List of Exhibits A - Application B - Plat Map C - Property Owner’s List D - Survey E - Topographic Map F - Map of Developed Lots G - Gustafson Report 11/15/94 H - As-Built Description of Request Applicant seeks approval of a lot area and lot width variance to allow property to be residentially developed. Applicant has not provided a development plan for the site and merely seeks approv^ of the variance to required lot standards. Review Exhibit F. note the subject property at 25.000 s f. is consistent with the areas of developed propenies within the Minnetonka Summit r 5. f I Zoning File ii^l980 November 16, 1994 Page 2 Park neighborhood. In fact propenies to the immediate south and immediate west are all at 25.000 s.f. Review Exhibit H. sewer is available at both the east and west sides of property. A sewer connection can be made at either of the stubs. A sewer unit has already been paid for the property. Each of the separate four lots was charged a quarter unit. 1 view Exhibits E and G. Gustafson reaffirms that drainage flows predominately to the east. He perceives no impact on adjacem residence. The property is bounded by Tonkawa Road on the east side arxl Park Avenue on the west and is defined as a through lot. Applicant and funire owner should be advised that the code will require a conditional use for construction of accessory structures. Gustafson’s report. Exhibit G. advises that the approval of this site for development will result in three residential units being served by the unimproved public right-of-way. He calls for the development of a public road at a 24’ width with a mm around at the north end. This will be a difficult feat since the City only has a 30’ right-of-way for Park Avenue. Staff would recommend that applicant be responsible for continuing the paved road at the presem '% uiiii and providing a mm around or loop driveway using portions of the 30’ puDiic right-of-way. Applicant shall include the mm around with the final plan for development of the site for review by the City Engineer. Applicant has discussed the potential of achieving access off Tonkawa based on the final location of the house on the site. It is doubtful whether the County will allow a new curb cut at the County road when other access is available. The engineer has also asked for the granting of drainage and utility easements along the boundaries of the property and additional right-of-way for the County road. The City does not request drainage and utility easements or require the granting of right-of-way wnen reviewing variances. Such requests are valid during subdivision reviews. As applicant has presented this application without a final development plan, approval of the variances must be based on fumre development meeting required setbacks of the LR-IB zoning district and for the through lot as follows: 55’ setback for Park Avenue 35' setback from Tonkawa (County Road 135) 10’ side. The propeny is located within 5(X)-1,000’ of lakeshore and is allowed 35% hardcover. Issues for Consideration Is the proposed building site consistent with the historic and current pattern of development of the Minnetonka Summit Park neighborhood? Zofiii^ File #1980 November 16, 1994 Page 3 B. Arc there any unusual site characteristics or barriers that would restrict development? C. What is the Ptannii^ Commission ’s recommendation concerning the upgrading of Park Avenue that would now serve a total of three residential units? D. Other issues raised by the Planning Ctmimission. A recommendation of approval must address the following; 2. 3. 4. Legal combination of the four properties prior to the issuance of a building permit. Upon application for a building permit, applicant to provide: a. Detail grading and drainage plans. b. Resolve of required access upgrades/improvement for Park Avenue--to either upgrade to a 24’ paved road or paved extension at the existing paved width with a loop turn around provided within the subject property. Final plan for access to site must be reviewed by the City Engineer. All future development to meet standards of the LR-IB 2^ning District. Per Section 10.03. Subd. 10. the lot is classified as a through lot. A conditional use permit is required for the construction of accessory structures on such a lot. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $200.00 (S50.00 per each additionai variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming structures $^w. ^ After-thc-Fact Fees (Double applicauon iCC) PROPERTY INFORMATION Site Addre« m #1 % i ». X . *S • r fC A ^ . .. %-v _ X. V’: .U r •Site Address——^—r__ /n t "n n ^ T ^ ^ J v/ J /cV/z Property Idenoficauon Number (P.I.D.)^^^^^^^ on required s^ey. , Attach legal description to application * * _(montii/yeiu) I (do, <^aU0 own tde p^ce. or Present use otproperr/: ^..siaentiai Zoning Distnct:._____ applicant Name Phone (home) Phene tworic) Address: Nv.»if ^ C.>>> Zio: ‘i’r K?Ttf.u'CocssircdonCostS____________DESCROTION OF REQL-EST x..± Describe request indetau: —- \kC^ % Cy\(actaca additionai sheets i necessary) VARL\N'CES REQLTRED J^c .-uea ___Lot .Vidtn Setback;Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) .omniiance with Zoning Code requirements:_a^ c^ “compliance \_l w >w«.<u—> attach additionai sheets if necessary) ^ • «> • .* I — ^ ♦ P ^ . 1♦ ^ ' U V ’ V ^ REQUIRED SUBMITTALS All of «h. follnwin. infnnnarton !,■■■«> ^.hmitted bv tht appMcjHj<i.H <t«i»<lUBt in srjff for vour apoU^rion to b€ coioplcte^ 1. 2. J, 4. Comolctcd ApplicatioQ Form ^ w i-.^ ^Certified Property Owners List of owners witlnn 150 o^ou must obtam ^ list .rom Hermcpm County Department of Finance. A-603. Govt Center. 3*18-32/1). 'Plat Map (obtained wuh property owners list). 6. / . S. 9. 3>Cemf.cat= of Survey (signed by s licensed surveyor and melude hardcover ~ calculations as required. In addition, provide one (1) copy S'o x 11 for T?J«raotuc survey ( e.xis:mg and proposed eievations) if any ebanges in existing grade ~ are proDOsed. In addition, provide one il) copy S-o' x ll" for reproduction. Sketebes or plans of floor Jc elevation views ^provide on<» u) copy b.i .x a* ). List of the legal names (include mancal status) of all persons with an interest in the property. This would include nameis) of applicant(s) if not current owner^s). .As an addendum to cnis application, please attach a separate list of any other persons veu wish aociiicd of chis applicacion. Additional items as may be requested by City staff. -ne Anolicant and Propertv Owner must sign this application. Please remember ^at your ^nHi^VrP apDlication is not complete if the above InforTnation has not been included. applic .\>t’S signature The applicant herebv agrees to orovide all iniorraation required or requested by die Zonmg Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consuiiam e.xpenses incurred in review of diis application, and cenmes chat the information supplied is true and cofr^t/o the best of his/her knowledge. .Applicant’s Signature Daic OWNER’S SIGNATLTIE The owner hereby acknowledges and agrees to this applicauon and furiier authorizes reasonable entry onto the property by City staff, consultants, agents. Cotnrmssioa members, and Council membe-s for purposes of investigauon and venficauon of this request. Owner’s Signature f ^ ■-^^-1 /-d- AppUcam must have aU submittals into the City offices 15 days before the Planning Commission Meeting. Planning Conumssion Meetings arc held ca chc third Monday of each moc^. Applicants must be present at ail scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make irrangemcnts to have an authorized agent attend in your place and to advise the Building & Zoning Office or this change prior to the mceong. , .•=■ ^ f. WN MTt M/t7mMiai sasTAWAVny.sa at*ii7-» S2 0001M020 TOMUOM 09 HMXCK 0 H MUTKONON iONP* C 6tCt III ■IMOM C CMt 00 MK S0159 HOLS m SS4S9-S1S0 MCMCOtN COUNTY OOOOCKTY INFOOmTlON SVSTIH OOOOCOTY OMCRS LISTSO 0S-U7><S 52 0002 00400 TOMIMA M CONIN C GOet CTAl CAGC COHIN C 1271S 0 STATC MNV SS WLS m SS441 KOOHT NO. 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FKSMOi II* «' «r-ym» 4-toI k •)V ;r-..t > ■ ' * . ■ V. ,■ ■ r , k> • .j, • . V f ♦ f « I cnnrv mr tuc r«cn MMCSENrio tm m accumti mm tim KMfsiNrAnoN or MronmnoN as it imnma tnis mti on tmi kcoiios or Ttc NEfOCriN county OCrAOTMENT or roorcRTv taxation * to tmi tIST or Hr rnonliocc mm tciicr ..ff-a MtOQxJ I * FRANK R. CARDARELLE (612)941-3031 Lana Surveyor Eden Prairie MN 55344 Survey For Bob ShenX Book 345 Page 41 RIe #1 » D I \ Scale: '^Denotes iron icon, found (fi Q <o s Vs —^ "0 p v_/W ~u lA 1 i 1 i 1 1 11: wm Stre'tra Arat^ trv *>JOr«w -ri i *" <vwt'f ou«. Caxu^r), (-y»e,^ Bonestroo Rdsene Anderilk& Associates EnglnMTi 4 ArchlMCtt November 15, 1994 Crc C •! •cit-r w tci#^ •! • .zs9S^ ^ Aivir.** r u Snrv««« 9K-§fC • • CzCK ’**or*^i C >0^ *oce^ o Sc^v«t'"i •• V is*'**' ^ •Se-'J' Cw'-*wU''t *5 A 0«fge'\ ioon • ^ •ext- *5 Q Vf C •u«tA ♦ ^ ;#r> A 50,.1CC ‘' V«#re A «Anic ‘' •! VcMjfi T tejo-Nif^ >a < « e« Afi ’■^or*4i • • A C C •w'34'O^ A r-rct-t . *5 V2/T “ei v«c"i^ p Mw -f A^ei M Aw® VW AHtriO."' V<*Vf C A| -4-^ • M4^ •! o *•€ it«r. > AA|4r*#A P| e*rrt!A p Aratnor P£ MA'» A 4C^ PC MA-A A STB •• Grf'y W VW#- P| ®Aw - OArrcA A A *- i , C *< 3 P| f ^trir- •£ L Q'f»<r »| 4AT*' - PS Csy D •**«c*nf ®f WA t «iO0. »f Sow^'ii i pf S^A«VA Q OwKMP’ P( Cfc*« OmAi pi Piw O ••wP' Pl • Ccre^ P| C^«' ei A fii ekMA ^ec V V C IC’' ^ ::t Ms. Jeanne A. Mabusih, Building and Zoning Adminisuator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re. A & T Development File No. 139*1980 Dear Jeanne, We have reviewed the proposed lot combination for the A & T Development P^op*^ ^«7Urot Tonk.w. Red (County Ro«i 135) *nd .u, of southeast auarter of Section 6. The combination is acceptable from an tti^dooint^ however we have several comments. The driveway access for the should be Iweted on Path Avenue Park Avenue presen^ hat two ,o the bituminous drive. With a third acceii onto Park Awnue, the drive shOTld M upgrndU to a private soeet with a 24-foot minimum paved width and n turnaround at the north end. The lot dreina naturally to the east and should have no imp«t “ If any changes arc proposed within the right-of-way for Tonkawa Road. Hennepin County should be notified for ihctr review and approval. Henneoin Countv will lilcclv require at least 40 feet of right-of-way for Tonkawa Road, an additional 7 feet of right-of-way should be provided. Drainage and utility easemen s wi be required 5 feet wide along all lot lines and 10 feet wide along the roadway right-of-ways. Please contact me at this office if you have any questions regarding this matter. Yours very tn.»lv, BONESTROO, ROSENE. ANDERUK & ASSOCIATES, INC. Shawn D- Gustafson, P.E. 233S West Hlqhway 36 • St. Paul. MN 55113 • 612-636-4600 >rTxjf.'t z\j^ c ' 'f Vj * - «*»'■•• P? %*. *1 i .e' le- "t . »<; c #v-- C T ■' - *- r^t-' fi 1 *?: «-i.T*-r •t'ji-;’* *4 4#?'* P *iCO *? Pf #1 ^ •? p "r V“r.v- 0.» fieri »'£'f.-Owf-e- ''fc > t •?p|w j ••ev.^' e-“ •• f ^c'* • • Cc't?' _a-'-;- -• *i C* IC^ '£*.• • ’1» V--C!-1 ' V ^ ^ ' rj»-s-- •■ • • ' -f *■ i ‘velopment property ’ark Avenue in the rom an engineering ess for the property isting units that have !, the drive should be a turnaround at the : adjacent properties, id, Ilennepin County >r Tonkawa Road, an utility easements will nadway right-of-ways. this matter. P KrS»^.*v jfe*. V * -mm 51 •d wm »5-' ^0 I t ■=* kM F.» .' fj ■ J I *» . . ^ f A ! "•' Ip ■ “•■^, r . %in^ » # 4L*. I 4 S M rr.jt i#:- ..i, ‘‘ V i; t.' •,.A I i •’TJ '-V ‘ f m'/.j .^4HVTvt It'ill' r . >'Vy« i’ej. . -Vi f ‘ •e- .-Ai mm 'EM wmm >.i . inli 1 •iV m Mfc*'UU.. 1 S'Mi3 |«J ■/—y «'< » » s ■ '•■ '= I *mA ' JM.* >«'• * J w I’ J: . j . ix" t V fc. i •w , lontstroo Andtrmc A Asioctms Pfoitct A t ^ i-i-^>Tr------I **'*««*- Proj^jjo^ Pott: "/n/t4> X% I j ?■* ■ I XT PiJoroiED DK ’VT'a Ja V 1/ • Ui il - a y 'V* I 6 j r PtrtiTteiU Survey For >cb Sh«nk ioolc 34S Pea# 41 File oo#no^*a Iron mon. found »n Q Ik > ^ CD Q < Q 1 I Va Kzz .*-1 __________________^ee^«ev#t ■•au—tfe Pork_____________ ^^ loth _-f^ Octobiif Loti 1. 2^ IS k 1. MinnetQPXo FronT R. Cardareiie r *«»« ^ REQt'EST FOR COt’NCIL ACTION DATE: December 7. ITEM NO. / DefiartnKiil Approval: NaMc Jeanne A. Mabusth TMc Building it Zoning Administrator " M M ■istnrtor Reviewed:Apenda Sect! Zoning Item Deacriplioa: #1982 Daniel S. Perkins. 55 Lane Permit • Continuation of Public Hearing - Resolution jjtmiMkg District: RR-IA. 5 acre minimum dry buildable land (2 acres must be contiguous) Total area of property = 10.4 acres (7.2 dry. 3.2 wet). Pertinent Ordinances Section 10.03, Subd. 19 - Conditional use permit required as land alterations involve more than the movement of 100 cubic yards of material. Applicant proposes the excavation of 2.000 cubic yards of peat over a ten year period of time. Section 10.55. Subd. 8 - Variance required as dredging is proposed within a designated wetland where such alterations are prohibited by code. Additional Exhibit Q - Mr. & Mrs. James M. Todd Letter of 11/15/94 (50 Landmark Drive) Brief Review of Application Please refer to staff memo of November 17. 1994 and the minutes of the November 21st Planning Commission for more background on this review. The applicant proposes the dredging of approximately 2.(XX) cubic yards of peat over a ten year period of time. The proposal involves the creation of two ponds within a designated wetland located within the property, the smaller pond is 5.000 s.f. in area and the larger pond is approximately 25.000 s.f. (refer to Exhibit J) .68 acres of open water area will be created. 3.2 acres of wetland within applicant’s property is part of a contiguous wetland system consisting of 150 acres. It has been estimated that the smaller pond will take two years to create and the larger eight years. The wetland is not a DNR protected wetland. Both the DNR and Watershed District will not require permits. The proposed scope of the excavations will fall under the Army Corps of Engineers nation-wide permit. L Request for Council Action continued page 2 of 3 December 7. 1994 Zoning File #1982 Butterfield, applicant’s contractor, has been mining peat within the same wetland for over thirty years and received ^>proval of a conditional use permit application in 1989 for the mining of 300 cubic yards of peat each year. ButtertlelJ now estimates that his business would use approximately 200 cubic yards of peat each season. Peat looses its physical value if not used within a short period of time. The current application proposes the removal of 200 cubic yards of peat each year. Review Exhibit P. Butterfield's property abuts the subject property at the northwest comer. Accer< to the sites will be achieved via this corridor. The materials will be excavated and stored in the upland areas on Bunertleld’s property' for use in his landscaping business. Butterfield advised that a half yard or possibly three quarter yard backhoe will be used to excavate materials. The land alterations can only be conducted during the winter months when the wetland is frozen. The excavations will be 6' deep and 50 ’ in diameter. Each excavation would have 5:1 slopes to the 6’ depth. Erosion control shall be maintained throughout the period of the disturbance along with the shaping of side slopes with each annual excavation. The Planning Commission questioned applicant as to the need to complete the excavations over a ten year period of time. Perkins advised that peat material was a valuable commodity which can in turn be used in Butterfield’s business. 200 cubic yards of peat is all that Mr. Butterfield would use in one season of operation. Perkins advised the operation is going to be conducted in the same way Mr. Butterfield has been mining peat on his own property. The major concern during this review has been the overall impact on the 150 acre wetland with a proposal that involves the annual alteration of that wetland over a ten year period of time as opposed to completing the project within one year. Staff has reviewed this concern with Glenn Cook. He notes that as long as the excavations are being conducted in the winter, there is no real negative impact upon the wetland. He did advise that the pond that was to be developed for an eight year period of time would require special environmenul controls. He recommends at the time of the third ye^. excavation of the larger pond that a silt curtain be installed to protect the earlier excavated open water areas. He advised that a ecosystem would already be developing within the open water area of the excavated ponion after a two year period of time and that there is a need to protect that ecosystem from potential sediment infiltration. The silt curtain must be installed upon the third year of the excavation for the larger pond. He added that the 5.000 s.f. pond to be excavated within two years would not require a silt curtain. Many of the original findings set forth in the resolution approving Butterfield’s conditional use permit still hold for the current application noted as follows: wildlife habitat would be enhanced: open water areas would provide sediment trap; varied design of slopes to the open water areas would encourage more beneficial wetland/aquatic vegetation; the existing over grown wetland provides little retention for runoff. The conditions of the original permit would still be valid for the current review. The City will require an annual land alteration permit before L Request for Council Action continued page 3 of 3 December 7. 1994 Zoning File #1982 excavations can commence. In this case, the City would require Mr. Perkins to obtain the necessary permits rather than Mr. Butterfield. The three member Commission recommended unanimous approval of the application as proposed subject to the conditions set forth in the staff memo of November 17th. The resolution also includes the requirement of the City Engineer that would ask for a silt curtain to be installed for the larger 25.000 s.f. pond to be insulled over an eight year period of time. COUNCIL ACTION REQUESTED: To close the public hearing for the review of application #1982 and to either adopt or amend the enclosed approval resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBP VISION 0 AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 1902 WHEREAS. Daniel S. Perkins (hereinafter "the applicant") is the owner of the property located at 55 Landmark Drive within the City of Orono (hereinafter "City”) and legally describ^ as follows: Lot 1. Block 2. Bayskk Landing, Hennepin County. Minnesota (hereinafter the "property"): and WHEREAS, per Municipal Zoning Code Section 10.03, Subdivision 19 the applicant has made application to the City of Orono to permit the removal of 2.000 cubic yards of peat from a 3.2 acre wetland within the property. Excavations are to be completed each year and are to be limited to 200 cubic yards. The wetland is a protected wetland of the City of Orono. Per Section 10.55. Subdivision 8, the applicant has filed a variance application as the code would not permit the excavation of materials within a protected wetland. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FUNDINGS 1. This application was reviewed as Zoning File #1982. 2. The property is located in the RR-IA. Single Family Rural Residential Zoning District requiring five acres of area. Two acres of which must be contiguous. The property consists of a total of 10.4 acres. 7.2 acres of dry and 3.2 acres of wet. Pace 1 of 5 1 3.Three members of the Orono Planning Commission reviewed this application on November 21, 1994 and recommended approval of the proposed variance and conditional use permit based on the following findings: The excavation of the wetland on a scale limited to 200 cubic yards will have a negligible affect on the 150 acre wetland. B. C The excavation of open water areas will enhance wildlife habiut Portions of this wetland have already been excavated for the pc ."poses of retrieving peat for the past thirty years without any negative impact on the wetland or the existing wildlife habiut. The excavation of ponding areas will improve water storage and provide a sediment trap. Vi..ying slope elevations to the open water areas will encourage more beneficial wetland/aquatic vegeution. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a subsuntial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional use permit to allow the annual excavation of 200 cubic yards of peat from the wetland for a ten year period of lime will not be detrimenul to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Paee 2 of 5 ' ! CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby erants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditional ^rmit per Section 10.03. Subdivision 19 to permit the excavation of two ponds in a pn>iected wetland of the City, subiect to the following conditions: 3. The annual excavation of peat from the wetland shall be limited to 200 cubic yards. Applicant must obuin an annual land alteration permit from the City of Orono to specify amount of peat to be removed, a plan for the work to be completed that vear and a plan for erosion control. At the time of the filing of the annual land ■alteration permit for the third year involving the 25.000 s.f. pond, appltcant's plan shall include a silt curtain dividing the existing open water area from the area to be excavated that year Each year applicant’s plans must address tte erooming of slopes to encourage wildlife habitat adjacent to open water areas and planting schedule that would introduce aquatic vegetation adjacent to these open water areas All land alteration activities to be limited to the winter months. The City has approved access lo the site to be at the northwest comer of the property. If acwss is to be achieved via Landmark Drive, the City must be advised so that applicant can provide suiuble notice lo all land owners served by Landmark Drive. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or the special conditions of this resolutio.. will expire on that date (December 12. 1995). Violation of or non-compliance with any of the terms and conditions ot this resolution shall constitute a violation of the Zoning Code, shall automatica y terminate any authority granted herein, and shall be punishable as a misdemeanor. Paee 3 of 5 The undersigned applicant has read, underscood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. ATTEST Adopted by the Orono City Council on this 12th day of December. 1994. 1 I Dorothy M. Hallin. City Clerk Property Owners) Edward J. Callahan. Jr., Mayor STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 12th day of December. 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 Pace 4 of 5 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of . 199 ___. before me a Notary Public within and for said County . personally appeared ___________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) tree act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of . 199 . before me a Notary Public within and for said County . personally appeared___________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 . before me a Notary Public within and for said County . personally appeared___________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 r TO: FROM DATE: Chair Schroeder and Orono Planning Commission Members Ron Moorsc. City Administrator Jeanne A. Mabusth. Building & Zoning Administrator November 17. 1994 SUIUECT: #1982 Daniel S. Perkins. 55 Landmark Drive - Variance/Conditional Use Permit - PuMic Hearing Zoning District: RR-IA requiring 5 acres of dry buildable land (2 acres must be contiguous) Propeny consists of a tout of 10.4 acres. 7.2 dry and 3.2 wet. Pertinent Or^nmees Section 10.03. Subd. 19 - Conditional use permit required as land alterations involved more than the movement of 100 cubic yards of material. Applicant proposes the excavation of 2,000 cubic yards of peat over a ten year period of time. Section 10 55, Subd. 8 - Variance required as dredging is proposed within a designated wetland where such alterations are prohibited by code. List of Exhibits A - Application B - .Applicant's Addendum C - Plat Map D - Property Owners List E - Ceil Strauss Lener. DNR. 9/2/93 F - MCWD Letter 10/14/94 G - J. Yanta, Dept, of Army. 10 14/94 H - Cross Section of Ponds 1 - Construction Plan J ' Site Plan K - Resolution #2455. Plat of Bayside Landing L - Resolution #2688. Approving the Conditional Use Permit/Variance for Loren Butterfield to Excavate Peat Within Another Area of the Same Designated Wetland M - Plat of Babysbreath. Butterfield’s Property N - Council Minutes Approving CUP 8/20/89 O - Gustafson Report 11/1.*' 94 P • Map Indicating Buttertic a s .Access to Propeny r Zoning File #1982 November 17. 1994 Page 2 Description of Request Applicant proposes the dredging of approximately 2.000 cubic yards of peat over a ten year period of time. Excavations will create two ponds within the designated wetlands of the subject property. Refer to Exhibit J. the smaller pond is 5.000 s.f. in area and the larger one approximately 25.000 s.f. Open water areas will be created in .68 acres of the 3.2 acre wetland. The subject wetland has been completely taken over by reed canary grass. There is no sign of open water area within the wetland. The specific wetland covers approximately 150 acres. Staff will present overhead views of the wetland and existing excavations in wetland areas located within Loren Butterfield’s property to the northwc t of the subject property. Refer to Exhibits H and I. it is the intention of the applicant to have Loren Butterfield who operates a nursery and landscape business located on Watertown Road to excavate approximately 200 cubic yards of peat each year during the winter months when the wetlands is frozen. The smaller pond will be completed in two years, the larger pond in eight years. Refer to Exhibit P, access to the property will be as shown on the map. G^nerfield ’s property is contiguous with the subject property at the northwest comer. In 1989 Loren Butterfield received approval of a conditional use permit/variance application to allow the removal of 300 cubic yards of peat each year. Bunerfield had been mining peat for approximately thirty years as part of his nursery operation. It was during the subdivision of his propeny that the City was advised of the use and asked the applicant to complete the conditional use permit as part of the subdivision review. Review Exhibit M. Butterfield’s mining for peat was located in the wetland area within Outlot A. Both Butterfield’s ongoing operation and applicant's proposed excavations involve the same 150 acre wetland. At your site inspection members will find it difficult to locate the exact area of the proposed larger pond. It will be located within the wetlands to the southwest of the existing residence. Exhibit K. the resolution that granted approval of the Bayside Landing plat conditioned approval on developer granting a conservation and flowage easement over the designated wetlands. Review Exhibits E. F and G, the DNR advises that the wetland is not one of the DNR protected wetlands and therefore permitting is not required. They do ask that standards for wildlife ponds be adhered to once the excavations take place. Excavations within this wetland will not require a permit from the MCWD based on the guidelines of the new National Wetlands Act. Mr. Yantis of the Dept, of the Army advises that the proposed improvement project would fall under a nation-wide permit. The Dept of the Army standards for the issuance of a nation-wide permit are also iiKluded with Mr. Yantis' letter. Review Exhibit O. Gustafson ’s report lists questions that need to be answered to complete the review. Three of the four have already been answered by the applicant. Butterfield will r i Zoning File #1982 November 17. 1994 Page 3 approach the property at the northwest comer where Uk property lines meet, refer to Exhibit M. The mining or excavations will take place in the wimer months. The peat material will be immediately conveyed to Butterfield's nursery to the north far fn>m the wetland areas. The only question that remains is the method or ty pe of equipment proposed to complete the excavations d trans port off site. Staff has been advised that Butterfield will employ the ■ome methixl approved in the 1989 review for Mr. Butterfield's application. The excavation is circular type hole at a 6' maximum depth and 50' diameter resulting in the removal of approximately 200 cubic yards of peat. Such 50 ’ wide excavations shall be made each winter season for a period of ten years until the project is completed. Suff notes that most of the findings made for the original conditional use permit approved for Butterfield in 1989 are still applicable for this review. The excavation of open water areas totalling .68 acres in the 150 acre wetland will have little impact on the ^*ctiand. In fact it would create more positive benefits. The engineer in 1989 noted the following: wildlife habitat would be enhanced, open water areas would provide sediment trap, varied design of slopes to the open water areas would encourage more beneficial wetland/aquatic vegetation. The existing over grown wetland provides little retention for runoff. It is questionable how r*ich treatment takes place. Issues for Consideration 1. Each year an excavation will be made removing 200 cubic yards of material. It has not been made clear to the City staff what other types of land alterations shall follow the excavations to insure that appropriate slopes and erosion control are maintained. When will the final "touch up" excavations be made-at the time each 200 cubic yard excavation is completed or in two or eight year periods.’ 2. What kinds of equipment will be used to carry or convey the peat material from the siic .^ List the name of the method or type of equipment used to make the excavation for the removal. 6. How do we assure that the DNR standards for wildlife ponds are maintained during this interim ten year period.’ What of the safety issue-with the creation of 6* deep. 50' wide excavations out in the middle of 150 acre wetland.’ Is temporary signage necessary to warn any trespassers? Why are we asked to approve a project that will be extended for a ten year process? This worked for Buttertleld's needs. This project could easily be completed in one season. What are the benefits of e.xtending the project? Zoning File #1982 November 17, 1994 Page 4 Review the original resolution that granted Exhibit L. Conditioiis were as follows: U.lj il val of Butterfield's conditional use permit. I 2. Annual excavation of peat from the wetland located to the south of the Luce Line shall be limited to 200 cubic yards (Butterfield’s application was limited to 3(X) cubic yards). Applicant (note not Butterfield who functions as the applicant’s contractor, applicant assumes responsibility) must obtain an annual land altenttion permit from the City of Orono specifyii^ amount of peat to be removed, a plan for the work to be completed that year ak^ with an erosion control plan. Other conditions recommended for this ^iplication. All land alteration activities to be limited to the wimer months. The City has approved access to site for these land alterations to be at the northwest comer of the property. If contractor alters access and seeks access via Landmark Drive, the City must be advised so that applicant can provide suitable notice to land owners served by Landmark Drive. Each year applicant shall provide a plan showing how slopes are to be maintained to encourage wildlife habitats adjacent to open water areas and submit a plan introducii^ aquatic vegetation adjacent to the open water areas. Others recommended by the Planning Commission. r 4. s- CITY UF CRONO ~ GZ:iERAL U^-SD USE APPLICATION - # « ^ A PROPERTY LOCATION Site Address M Property Identification Number (P.I.D.) ^^ ji^bacb leoaX description to appXicatio^^^t^ on required survey APPLICANT Name Phone fhcme) ^ fcitrrS _ _ _Phone (work) *^73 *^36 7 Address <T^ i.^ K DC)^>g' City C^^ATt* _ iSSz. OWNER (if different than acpXicanc) Name _ _ _ Address Phene (heme) Phene _ _ _ _ City _ _ _ Ziz3 Date Prepecty Required (month/year) I (do>"ido not^aXso o%m the adjacent^parcels of Xand FEES - CONDITIONAL USE PERiaTS - $ 50.00 For each variance request with CUP appXicaticn _ _ _ _ $125.00 ResidentiaX accessory Use _ _ _ _ SX75.00 Institutional (church, schooX, etc.) _ _ _ _ $X50.00 Guest House/Guest Apartments _ _ _ _ $X50.00 DupXex Credit/BXdg $250.00 CcmmerciaX/Industrial Use $200.00 Land Alteration • - . t A h. to - w «-» awk. » • It • .. to to k . V'V* k V J. to*fc.*» - • « . - to . to . V V V V 1 ‘-’Ui • tok> ‘ toW'^ to . • . to 1 ■ ' Ito — to k -tok V i.%va -kto Grading and fiXXing - designated wetland or floodplain Gr!di!!|/sea^ail,'’"/eMi?inr'«ari^ Sithir75' of lakeshore PRD/PID - see fee schedule Renewal Fee - $100.00 (no c.hange from original application) After-t.he-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ^$200.00 Commercial Site Plan Review (+ consultant tees; - - - - $250.00 Vacation "" $175.00 Easement Vacation $ 75.00 Easement Vacation With Subdivision - - - - $300.00 Reccning (PUD - refer to fee schedule) $300.00 Comprehensive Plan Amendment ' $100.00 Appeals Other - see fee schedule PRZSZNT CSS C? FKOPEHTY OCk-lA- Present Zoning District _32ljJ_Llj[- - - Present Use of Property / or -H;r'’1spec?tW ' ________ BESCMTOOH^OP^W^^n a.tail: ^Vf»Tlg^ OF ------------------------- RZQUIRSD SCBMlTTAIeS ?■ c^tif i!fd *P°/oV ’e'*tv'"own^s List of owners within 350' (you can obtai tSn li« fro°rB ‘enLpin county Department of Finance A-603 Governmer Center 348-3271). 4* Certificate of survey (signed by a licensed surveyor). i,-j t: r"po,r^ic »*FveJ (existing and proposed contours) if land 6. ?onstr«tion plan, if applicable (see staff J*-5“;;°:r;?e list of7. As an addendum to this application, please attach a s.pa.ate lis. o- any other persons you wish notified o.. this appl- TOO ARS JtZQOZRED TO SUPPLY 30 COPIES OF LARGE . A MoSlHCCTPT (11* X 17* OR SKALLER) FOR _ '’•he aoolicant and Property Owner must sign this application. * remember that your application is not complete if the above n..orma not been included. _______________ _______________ Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_ _ _ _ _ _ _ ___ _ _ __ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ "^\^lcan'f*?I^by agrees to provide all I r-guested bv t.he Zoning Administrator, agrees to pay time not covered by original fee payment) and/or unusual e.xpenses Incurred In «v?ew or^.his applilation, and^ certifies that the information supplied ig true and correct to the best ^ his/her knowledge. Applicant's signature - - - - V»tB fO The^^wne^ hereby acJcnowledges and agrees to this application investigation and verification of request. owner's signature ___:.—.°!!!___ Acplicant must have all submittals into the City offices 25 *^*y*^^f®Q* the Planning Commission Meeting. Planning Commission scheduled third Monday of each month. Applicants must be unable to attend a scheduled meeting, please make authorized agent attend in your place and advxse the Building Office of this change prior to the meeting. r 4 CAPITAL MANACCMCNT,b October 21.1994 City of OrwK> 2750 Keley Parkway Orono, MN 55356 Dear City Plarmtog Commission; I am fikng an application to aHow my neighbor, Loren Butterfieid. to excavate peat on my property. My objective is to have two ponds on my property at 55 Landmark Drive. Loren has dug peat on his property, which adjoins mine, for a number of years under permit through the dty. He is approved to do this; on his property, on an ongoing basis. I would simply like to aUow him to do the swne on my property over the next ten years. I have received letters of a^>proval from the DNR and the Army Corp of Engineers. I have also received an oral approval from Andy Severson at the Minnetonka Watershed district. He assured me a written approval would be coming soon. I ha\'e inspected Loren’s property, where he has dug in the past and he does an excellent job. He uses the peat that he digs in his greenhouse operation on Watertown Road. He has several ponds that are a haven for wildlife, waterfowl in particular This is the objective for my own land. Currently, the land is a peat bog with very little open wat t Open ponds would enhance the land both for wildlife and aesthetically. Enclosed is my completed application form, a copy of my certified survey (which shows the location of the proposed ponds), a certified 350 foot property owner's list and a topographic survey plus construction plan, both of which I completed for the project. I have not included grading and drainage plans since there will be no grading involved and the drainage wilt remain the same. Also, hardcover calculations do not seem to apply to this project. It is my feeling that this is a relatively simple Homeowner land improvement project that I am proposing. I hope that it can be approved by the city with minimal effort. Sincerely, Daniel S. Perkins enclosure DSPbvh 730 east lake street WAYZATA. MN 55391-I7t.9 TELEPHONE (612) 473-83»7 TELECOPIER (612) 473-4702 INVESTMENT MANACEME.NT -S3-(|?) •i-iir-ti ti MMMT!.J'* - •■a&i ItIM UM VMlil Hi M-Uf-M tt Mlt N PMRM tnr tMTOMTIfM SVSftM MOMTT CMCM LISTM n MMOMM MtMSS IMftSStOMEt STATt QP HUM STATt OP NtIM ItMM ILUCf IM nusi)M M-llT>a <1 MM•STM MniM mMUSTllS*! wSit MUUMSTM MYStM m LONO UKt HN WSMS* M-llT-n tt •MM ABiWI MiCNAtL • PIIMAMT mCMAti PSIMMMMumaammwNAPit PIAIN MN MStP S« «t-U7-n tt Mil MlTf UMMAM N I C NANMN • J N ill c • juin N ITS NM MSSA M M-llT-tS a MM •STM MVSIM M J • MAUS A J I MAA tS • • MM I MUiiMt UM NN SSSMM •S-llT-tS tl Mtl m. 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PAUL, 772-7910 OF NATURAL RESOURCES « 55106H.ENO /J. -i i S 55356 ' «-»• *'S«pt«Bb«r 2, 1993 Dan Perkins 55 Landmark Drive Long Lake, Minnesota RE: WILDLIFE POND CONSTRUCTION, CITY OF ORONO, HENNEPIN COUNTY Dear Mr. Perkins: I am writing to confirm our September 1, 1993 telephone conversation. You inquired whether a bog area where you are thinking of excavating a wildlife pond is one of the wetlands under DNR permit jurisdiction. The site located within the SWl/4, SWl/4, Section 32, T.118N, R.23W is not a DNR protected wetland; therefore, no DNR permit is required to construct the pond. I understand you have contacted (or are in the process of contacting) the city of Orono, the Minnehaha Creek watershed District and the U.S. Army Corps of Engineers regarding needed permits/approvals. I am enclosing a brochure the DNR-Section of Wildlife prepared regarding things to consider for construction of wildlife ponds. Please contact me at 772-7910 should you have questions. Sincerely, Ceil Strauss Area Hydrologist Enclosure (1) cc: Jon Parker, DNR Wildlife Mike Gaffron, City of Orono Ellen Sones, Minnehaha Creek WSD Joe Yanta, USCOE Af. equal CPPCPi’’UMTy EMPLOYER MINNCHAMA watershed district %f iSSOOWkyzata Bcutovard ^a^cK*' 611 IWtiv* Oaks Cantar Wayzala, llinnaaota 55391 ■OMWEMIAGEIIS: ThowMMW Jr . Pw *C Moo«QNU)v**jarME. ThomM Sutaon LnMy * Thomas W LiBoimnr * MwVia S ‘^arihai • Pamaia G. BM aOuiaOA«i« October 14, 1994 Mr. Dan Peridas 55 Landmark Drive Lons Lake, MN 55356 1 - 1 (3'- Re: Mining of peat from a wetland on your property in Orono, Minnesota Wenck FUe No. 0185-01*151 i Dear Mr. Peridns: The Creek Watershed District understands that you wish to allow Loren Butterfield to mine peat from your property for use in his greenhouse business. The resulting excavadon will create a wildlife pond within a much larger, approximately 150 acre, jurisdictional wetland. Only a small portion of the above wetland is on your property Upon review of the 1991 Wetlands Conservation Act (District Rule L) and the District’s Wetland Alteration Rule (District Rule D),the proposed project does not appear to be at M^**** by either rule. Therefore, the District is not requiring a permit for the above referenced project. If you have any questions, please call me a 479-4224. Sincerely, WENCK ASSOCIAT AClU Andrew E. Syverson, P.E. Environmental Engineer A£S:jmm cc: Lyle Oman, City of Orono N:'.OH5\OM54\ASIOI 134.Ur r •fnv TO 09 DEPARTMENT OF THE ARM\ ST FMJL aST1*CT CO<*« 0» EMGM«Cf>S COM^ or EMCmCERS CCNTDC i» eitth stweet east ST pauL. «MUio> >«3« October 14, 1994 / Const ruct ion-Op«rst io.'s Rogvilstory (93-02043-iina -JJY) Lorsn V. ■uttorfisld Crssnhousss Nr. Loron V. Buttorfisld 392S Ifstsrtotm Rosd Mspls Plain, Minnasota SS3S9 -T S V« *• ^ f •5. <r^ 'L. •s. T^e . _ -I -rQ I, ■ -1 V Dear Hr. Buttorfialdi Ha hava ravia«rad information about your projaet to discharga dradgad natarlaX incidantial to tha dradging of 0.4 acra of paat from an unnamad Mtland. Tha projaet oita is in tha Sff 1/4 Stf 1/4 Sac. 32, T. IISN., R. 23W., Hannapin County, Ninnasota. This work is aligibla for authorization by a DapartsMnt of tha Army nationwida parait rafarancad balow and dsscribad in tha anclosuras, providad tha anclosad conditions ara follo%#ad, including tha disposal of unwantad dradgad matarials on an upland sits. This datarmination covers only your project as described above. If tha design, location, or purpose of tha project is changed, you should contact us to make sure tha work would not result in a violation of Federal law. It is your responsibility to ensure that tha work complies with tha terms of this latter and tha enclosures. IT IS TOUR RESPONSIBILITY TO OBTAIN ALL REQUIRED STATE AND LOCAL PERMITS AND APPROVALS BEFORE YOU PROCEED WITH THE WORE. If you have any questions, contact Mr. Joe Yanta in our St. Paul office at (612) 290*5362. Sincerely, Enclosure(s) Determination: 33 CFR 330-Appendix A (26) / 4.V ifc. wW. S 6. hL. r Con«truction-Op«r «tions R«9ulstory (93>02043-NW-JJT) Enclosura 26. Hssdwstsrs snd Isolated Waters Dischaross. Oischsrgss of drsdgsd or fill ■stsrisl into hosdwstsrs snd isolated waters providsdt a. The discharge does not cause the loss of worm than 10 acres of waters of the United States; b. The permittee notifies the District Engineer if the discharge «/ould cause the loss of waters of the United States greater than one acre in accordance with the "Notification* general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, .including wetlands. (Also see 33 CFR 330.1(e)); and c. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project. For the purposes of this nationwide permit, the acreage of loss of waters of the United States includes the filled area plus waters of the United States that are adversely affected by flooding, excavation or drainage as a result of the project. The ten-acre and one-acre limits of NWP 26 are absolute, and cannot be increased by any mitigation plan offered by the applicant or required by the District Engineer. Subdivisions; For any real estate subdivision created or subdivided after October S, 1984, a notification pursuant to subsection (b) of this nationwide permit is required for any discharge which «rould cause the aggregate total loss of waters of the United States for the entire subdivision to exceed one (1) acre. Any discharge in any real estate subdivision which would cause the aggregate total loss of waters of the United States in *'he subdivision to exceed ten (10; acres is not authorized by this nationwide permit; unless the District Engineer exempts a particular subdivision or parcel by making a written determination that: (1) the individual and cumulative adverse environmental effects would be mirimal and the property o%mer had, after October S, 1984, but prior to Jam ary 21, 1992, committed substantial resources in reliance on NWP 26 with regard to a subdivision, in circumstances where it would be inequitable to frustrate his investment-backed expectations, or (2) that the individual and cumulative adverse environmental effects would be minimal, high quality wetlands would not be adversely affected, and there would be an overall benefit to the aquatic environment. Once the exemption is established for a subdivision, aubsequeut lot developeient by individual property owmers may proceed using tn*;? 26. For purposes of NWP 26, tne term "real estate subdivision' s’'all be interpreted to include circumstances where a landowner or deve.,oper di ides a tract of land into smaller parcels for the purpose of selling, conveying, transferring, leasing, or developing said parcels. This would include the entire area of a residential, commercial or other real estate subdivision, including all parcels and parts thereof. (Section 404) R«9ioMi condition*t 1. Rrojoct* which would caus* a lo** (a* de*crlbod in 26.c., abovo) or moro than throo aero* of water* of the U.S. aro not authorized by thi* nationwide permit. 2. The notification requirement* outlined at C. 13. below apply if the project would cauae the lo** {a* deacribed in 26.c. above) or more than one-half acre of water* of the U.S. 3. Thi* nationwide permit i* not valid for any project that would cauae a aiqnificant, adverae modification of more than 10,000 aquare feet of wetland adjacent to and within 1,000 feet of a lake or wetland that i* greater than 10 acre* in aize, a* deaiqnated by the Minneaota Department of Natural Reaource* -Public Water*/Wetland* Inventory* map*. 4. Thi* nationwide permit i* not vai,.i for any project which i* located in water*, or in wetland* adjacent to and within 1,000 feet of water*, that are defined a* any of the following: a. Outstanding Reaource Value Water* in Minnesota Rules, Chapter 7050. b. Trout stream* a* designated in Minneaota Department of Natural Reaource* Commissioner'* order 2450 Part 6262.0400 aubpart 5. c. Trout lakes a* designated in Minnesota Department of Natural Reaource* Commissioner’* Order 2450 Part 6262.0400 aubpart 3. A list of the above water* is attached. 5. None of the nationwide pemit* are valid for regulated activities in, or in water or wetland area* which are within 1000 feet of a boundary of, a calcareous fen designated by the Minneaota Department of Natural Reaource* and listed in Minneaota Rule 7050. A list of these calcareous fen* i* attached. Section 401 conditions: 1. Projects which include dredging in contaminated or polluted areas or that will disturb known contaminated sediments or polluted substances as defined and as listed by MPCA are not authorized under Section 404 by any nationwide permit unless the applicant applies for, and is granted, a project-specific Section 401 certification from MPCA. 2. Projects which involve utilization of fill or bank stabilization material which is comprised of demolition debris are not authorized by any nationwide permit unless the applicant applies for, and is granted, a project-specific Section 401 certification from MPCA. Demolition debris is defined by Minnesota Rules Chapter 7035.0300 Subp. 30 as solid waste resulting from the demolition of buildings, roads, and other man-made structures including concrete, brick, bituminous concrete, untreated wood, masonry, glass, trees, rock, and plastic building parts. Oo«4itioaa >r»acriAad by Oorpa Rayvlatie*: for tha conditiona that ar« appllcabla to all ofRafar to tha tha nationwida parmita. C Nalkwwwdc Pcfma Cnodmom IHc touo^rj gcncnl cooJ,««s »c ru«o.« .n cJo, toe oa» lulhonatCT by a aa.«»~tc permit to be valid; I NayinliOb . No actmly may oojc more iban a n»»lial advene elTM on nanfalioo. b Pnvne, mamtenance. An, «™ctote « f.» aotbonaed duO be peoperty ™,nta.ned, utcluden, nuntlenance to ensure public safety. a Pen.,. «,d nltatnyy enne* effeaive operating cooditioo dunng coosiruaion, and all capwed sal and otner nus the earliest practicaWe date. primary purpose is lo impound water. V F^uinment. Heavy equipment unking « wetUnds must be pUced on mats or other measures must be uken to minimize sal disturbance. the U.S. Forest Service. H Tribal rifhts. No activity or iu operation may impa« reserved tribal nghts. including, but not limited to. reserved water rights and treaty fishing and hunung nghts. n --------------- O,n„f.o..io«. in ceiuln sates, an iodivKlual sate Mte, quality cemSatkM must be obaioed or waived (see 33 CFR 330.4(c)). in rs^<i.i rone management. In certain states, an individual state coastal zone management consistency concurrence must be obuincd or uoived. (see 33 CFR 330.4(d)). Sr’:rS^.rnJt."SS«^^ ^n«. O.. PoV and Wildlife Service snd Naiionai Marine Fisheries Service, (see 33 CFR )) 111 Histone oroocrties. No aawty which may affea Historic properties listed, or Ki . ai^rSSSS^wiii^ic Places IS authorized, until the DE has complied wuh the provisions of 33 CHI 325. ^ ,;^ndL C^e muTSify the disma engineer if the authorized acuvtqr may f""* StCprSvto^ JS^^nrd to be ...g.bt.. or .!«> tb. prospemn. permna. taa rmsson to bel«« ma, bn tusionc p [K National Rceistcr of Hisiofic Places, and shall noi begin ihc aciiviiy eligiM Distnct Engineer that the requirements of the National Histone Preservation Aa have been until hot,lied ^ he Do « ,„,o,L.ion on .he locut«a and exotehc. of ho.or« tesounxs ^ be Tam^ tCme t Othce and ,he Na,«na, Rreotcr o, Hoiooc Piares ,see » CFK 330.4(g)) r ____________In addunn to the General Condmcm. the foOoiMng conditions apply or>y to aaiviiies tiui involve the discharge of dredged or Tiil material and must be fonoMicd in order for authonzaiion by the natiomnde pmniu to be vabd: 1. Water sunpiv imates. No docharge of dredged or fill material may occur in the pronmity of a pubbe water supply intake except where the discharge is for repav of the public water supply intake structures or adjacent bank stabilization. 2. Shellfish production. No discharge of dredged or fill material may occur in areas of concentrated shellfish produaion. utyess the docharge d direaly related to a shellfish harvesting activuy authorized by nanonwide permii 4. 3. Suitable material No discharge of dredged or Till material may oondt of unsutuNe matenal (e.g.. trash, debris, car bodies, etc) and niMerial discharged mutt be free from tobc poOutams m topdc arooums (see sectioo 307 of the Clean Water Act). 4. Mitieation . Ddeharges of dredged or fill material mto waters of the United States must be miniinized or avoided to the maximum extent praaicable at the prpjea site (i.e. on-site), unless the DE has apprm«d a compensation mitigation plan for the speofic regulated aatvuy. 5. Soawninc areas . Discharges in spawning areas during spaw ning seasons must be avoided to the maxianim extent practicable. 6. Obstruction of hieh ftaas . To the iWDomum extent practicable, ddeharges must not permanently resthet or impede the panigc of norma l or expected high Om«s or cause the rdocatioo of the water (unless the primaiy purpose of the fyi d to uod waters). 7. Adverse imcacts from impoundments. If the discharge creates an unpoundmeot of water, adverse jfnp»<v« oo the aquatic system caused by the accelerated passage of water and/or the resinaion of its fltw shali be mioimiaed to the maximum extent practicable. 8. WaterfcyM breedint areas . Discharges into breeding areas for migratory wMcrfowl must be avoided to the maximum extent praaicable. 9. Retrxwal of temporary fills. Any temporary fills must be removed in their entirety and the afTeaed areas returned to their preexisting elevstion. r I -TO p U ] \1 pj c(CVi^ '£l^cvv CcOTfciAtk ^(2^Af^S> ' )\j2^ jaP s PA^*^ <1,0 ov'TVf- P o ^ ('^ <Vo 95 ^Vo/0 *^ocy ji?r O ^ ■ ' 2 •: S I 4?i -------->*^ f\ i C. sc - J 5- <7 j| ■c ^ 2 O 14 t n/> t »Tk 3 V. -S I i 0 >S) -P p: 2 ioo <vtA-T>4- Pc.*^'C>x>ro wV /Irfr^^'=^> )oo K 2.^0' Ai^'S> T3 t= ii 1-1^^XJr -h> ^*='-^<’Ui?. lie. 'TMg- ^o-^-r»v poc^i ■&B^ ■rjrx'K -v^~^ y )< /cc' Ai~‘b -m «^o rv> lA *-I> ^trtlflcate of Survey ror :iden Construction jf Lot I. Olock 2. lATSIOC LArtOiriG Icnnepin County, Minnesota i. ^ CITYOFORONO A SITEPLAM __ GnADil--------- . i^PPno VED(^<r?'^<#777icf f/MCTvrf ) LI APPROVED WITH REJI/ISIONS U DISAPPnOV.E BY ^ »ATr /' 2 -2- - • • •<•••<cir,' OF onoMo_ftrri-iwi__GnAninni-i.-i! i/iAnwru & •M.iwrn'jtro • nv___ IVViL___ • '# • ■ ••• *• • •«» • f 1 :l L‘'\KESHOnF. C. WETLANUG , F; E G !..! L A T 1 Q [\1 5 OnOMC? rjn'jIMAMCl: PITOl lirilTo i::(CAVAI I’JM. FlU. ImIj. OnAOil'n.^, unrcuiNG. iHEH riEiviov/'L on . CUNIUPUOTlOn OT AMV KIMU '"k win i!N' VG r-T (.''I- Ar;v r.iiC'HKUA'n 11 liM P.'i f r or ANY V.'E 11.Af>JO’. ^l^E^MlTr. AGi: liEOuinEn roi% ^nCKS. 5EAV7AI.L3. IIIPHAP L. •'« ____ Pon I> ««< I__ % ^ • . • 3‘f*J5‘4l-v/J47.I4- Scalti *30' I hereby certify that this Is a true and correct representation of a survey of the boundaries of Lot l.| Block 2, HAV; the location of all existing buildings, if any, thereon, and the proposed location of a proposed building. It does to show any other Improvements or encroacliments. OC LAIIUi: purport CIT y ORONOd City of OROIVO RESOLUTION Of THE CITY COUNCIL NO. 24 55 ! A RBSOLOTKNI APPROVING TBB PLAT OP BAT8IDR LAUDING APPLICATION NO. 1171 . •■•anas# the City of Orono is a municipal corporation oroan{9A«4 and existing under the laws of the State of Minnesota; and ^^^^anired - WJJ J ^ NHBRKAS, the City Council of the City of Orono has "riityr.*/" *"■’ of .ubdlvl.icrrp“p“fc'.t\^*„'oV ’; P?.rby p\“ Construction. Inc. a Minnesota Corporation, (hereinafter "the subdivider"); both the RS^.^A*^nd rn* has been found to meet all standards of zoning districts finding that each lot is of a size and configuration that will allow its use as a sinol. 1 to be fully developed without the need of anTv“iJncesf 2nd ^ residence NNBRBA8* the subdivider has completed all reauir*fti«»nt-« «>k.. pl.ttin, r.9uX.tlon, of the City, Including: requirement! of the 1.Completion of all the requirements of Resolution No. 2301. » County'seirNo? IJ.* right-of-way for a public road, shown 3.Dedication on the plat of drainage and utilities easements. 4. Creation of a new private read shewn on the plat as Out lot D. to oe Known nenceforth as LandmarJc Drive. ^ uu^ioc d, to hla of this private road, the Subdivider the Citv cerafneSt CItilities Easement granting to outlet; thriutdivfS!t utility easements ever said drlinaoe and created non-exclusive ingress, egress, abutting and/or benef iting"lStl Incl^dYng a^decllritlon\57 eVrta^ “ ' co^^nlnll •*''*' -butting and/or l^n.fml? coat of maint«nanca for aaid pritaVe^Vad!"*"*^^ maintain and pay th. I Page 1 of 3 f City of OROIVO Cl T V ORONQ RESOLUTION OF THE CITY COUNCIL NO 2455 described therein and shown on the plat as drainage easements . 7. The execution of a Subdivider's Agreement providing for completion of certain improvements as a condition of subdivision approval. e. Execution of a special lot combination over Lot 1» Block 1. Lot 2, Block 2, and Outlet A, defining the shared ownership of the two residential lots with the riparian Outlet. The use of Outlot A is liliittd to one residential dock with four slips. Bo accessory structures are to be constructed on the Outlet, nor shall a parking area be installed on said Outlot. 9. Payment to the City of a Park Dedication fee in the amount of $100.00. 10. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $150.00. ll.Payment to the City for the final plat application fee of $150.00 ■01f» THBRBFORB, BB IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of B?yside Landing, Hennepin County, Minnesota; subject to the following conditions: 1.The plat of Bayside Landing provides the only approved legal s to four procerties as follows: Lot 1, Block 2 Bayside Landing snail be served by Out iocs C anc D. Lot 2, Block 2 Bayside Landing shall be served by and either B or C. Lot 1, Block 1 Bayside Landing shall be served by Outlot D. Property defined as exception on the plat shall be served by Out lots B and D. The Subdivider shall be responsible for granting the appropriate access easements to benefitting lots depending on final ownership o driveway Outlets B i C. 2. The aforesaid plat shall be filed by the City of Orono either the Hennepin County Recorder's office or Registrar of Titles or before Decesdjer 27, 1988 together with a certified original this resolution and executed copies of the easements and covena noted above. -The approval of this resolution shall expire if the pi has not been filed by the date specified above. In that Page 2 of 3 L 1 ■ T y ORONO3 City of OROIVO RESOLUTION OF THE CITY COUNCIL NO 2455 •v«nt, it will b« n«c«**«ry to fil« * application with tha City of Orono for aubdiviaion raviaw. Datad thia 27th day of Juna, 1988. ATTESTI /'7 ' V £ Thareaa L. NaaBT Daoutv Clerk Edward J. Callahn. Jr, Actinq Mayor / Page 3 of 3 ORONO city of OROISO resolution of the city council NO. ---------------- A RBSOLUnOII GRAMTIIIG A VAJtrAMCE TO HtJHICIPAL 20MIWG CODE c:E"-raN 10.55, SOBDIVISIOII 8 AND GKAiriNS A CONDITIONAL PER SECTION 10.03, SUBDIVISION 19 FILE #1433 Butterfield (hereinafter n 4. WHEREAS, Loren rty locateV at 3«:5 ^ppiicns-) IS T.;>e owner o- ;^''*g/„;,-'’.h„Lna£ter -City-! and Watertown Road within the oz legally described as follows; Exhibit A (hereinafter "the property")? and WHEREAS, per Section f q 10.55, Subdivision 8 the^City of o’rono to 15 )f the applicant has mace "oeat the wetlands roSUd^f-.dYr,ii ™-r=n1nrsolr°-orrL-£uce .tn. Cr.U. NOW, THEREFORE, BE IT RESOLVED by the City Counc-e. of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning Fixe #1433 ■? ""h® prooertv is located in the RR-IA Single Lakeshcre Residential Zoning = "r^perty area, 2 acres of which nust be contiguous. .he .^r p / consists of a total of 2C.c6 acres, on Aucusr 21, 1989 and recommended variance and cunditicnai use permit, basea on . .e .oxxO g findings: A) Per Orono Resolution #2610, Condition applicant was directed to file a conditional use p for the annual removal of peat used in the commercial ^cowing of plants on the property. 3) In a rvport dated August 17, 1989 by noted that "the continued excavation of the * ’ . on a j-imited scale (300 cubic yards) will h minimal effect on the marsh". Page 1 of 5 r ) R a N o city of OROIN'O resolution of the city council NO.2688 C) in that sa»e report, CocK notes that the excavation will enhance wildlife habitat. • ^ 000 cubic yards of paat has been D) Approximately ' over the past 30 years with- removed from the wetland or the wildlifeout any negative impact on ^ne werianu habitat. E) The excavation o£ ponding areas will enhance wildlife hahitat and improve water storage. 4. The City Council do not apply generally this property are , dist-icf that granting the to other property in traffic conditions, variance would not ad 'u-jard or other danger to light, air nor pose a .la. * merelv serve as a neighb ring properw. e , necessary to alleviate r="tfari/\%"shtro; - fn re"eV*n%" wVi.if rhV*:^ Code and Comprehensive Plan of whe City. s -he Ci-v Council finds that granting a ,“** lirmlt to allow the continued annual P**\i °S ?*rietland on a limited scale will not i’/ t.he health, safety or general °f,'a hatard or not adversely affect light, air nor POse a other danger to neighboring prooosed deoreciate surrounding property values and ,\^® level of use of the property will be in intent and objectives of tiie Zoning Code and Comprehen Plan of t.he City. CONCLOSIONS, ORDER AND CONDITIONS Based uoon one or more of the above findings, City Council hereby grants a variance to Municipal sec-ions 10.55, Subdivision 8, grants approval of u*i permit per Section 10.03, Subdivision 19 and P« Resolution 12610 (Condition 15), subject to the following conditions: 1. The annual excavation of peat from the wetland ^°^®^bic the south of the Luce Line shall be limited to 300 cud yards. Page 2 of 5 r City of ORONO resolution Of THE CITY COUNCIL NO 2oS3 O R N O 2. applicant .USP -completed ■ y.aP, an- a plan for erosion control. , ,-ntta' n* ‘•he proposed plattino of this 3. -Jpon iiolicant ahali agree to property .lo ’wace'Easement that shall set execute a Conservation an . condit onai use p-rrnit.forth the special conditions of .hi^s^condit P,^ .^e If applicant has not filed -o I P Resolution deadline date "*Ff, co',,rvation and Flowage no later than June 1 . 1990 or this condflionar use permit shall be null and void. j Wt* ITUll With thC 4. aoolican^r out are oemissive only andoroperty not with the appixcanwf nermit for list be exercised by application for a J^^^J'ouncil \h^^VpL?ar-^^^ this resolution will expire on that date (Aucust 28, *990). Violation of or vi^Ition conditions cf ‘"5'e-h,* zonrnc coce, shali au-omar.cai. i. w.w',.. ae •or *ae — _ -Ka' - ka nunrshabie as aauthority crantea herein, ana shaxa. be . nisdesieanor . 5. The ‘^“//"J,,^‘*esoVu1:loran “Vn° of ‘hlisllf!*his’heirs, successors to the recording of this resolution in u e chain o. titx the property. Page 3 of 5 CHy of ORONO resolution of the city council :688NO. O M C> N O Adopted by the Orono City Council on this 28th day of August* 1989. L/^operty osmer(s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The ^orecoing instrument was acJcnowledged before me o^n -his 28th day Of Au9«t, 1989. by Caoes R Grabeh i jUi lin, M.yo"r s City =!«>'. »«.'*>0 City ”rb:S2u municipal corporation and said instrument was executea on of the City. Page 4 of 5 J r iI City of OROjNO resolution of the city council :633 ) M J N O ) s s •STATE OP MINNESOTA COUNTY OF HENNEPIN ) on thi. ^ ^ app«r ”d* TTl?l ^ ^ ,r I .«>nutea ule *"*" « m. «Rn=riVd«d that h, (th.y) ex.curad foregoing *?°eract and deed,the same as hxs vtaheir) ^ree h£NNtr*^< 403 MY COMMISSION tAl'IRES STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Qjj t-his s^lry~aion this sJOpl -----^ °a^d°>o ?^L^d ^clTnty , ^rsen'a\%^appeared ttheir) free act and ceed. II kj A NOTMt^PUBLi^iXuRli^SCHEffLER PtOfAftt . .-w.. "■’"'??* “ta.j Pace 5 of 5 r Resolution =1638 f9r L tr9» * •«< t***' *• • <1 **’9 SCu("**1t 2v9rt9f- 9f \9Klt99 M • *§ - Z i rA«M<9 ••••♦tel# m CK5MM U5iK JtSCtt»Me«: •I4f t« '•f|i««t ft t (•!•»< C» ’9*l«*»**t 1g•/•?#»: •.’♦•"<• tf^rn Cfottmn# cf ^9s9 i^armwrlf •ienf » < g i« !«• 'Jii4'tf» »f t**9 |vf(n«l«tf it • ffO«**l **1« t' '•«« ?••« 'i'^9 ®> *•'< Uii 111 t® i*»® C8««l« ««•« . »•«(# .!•"« t® • • '•ft ^f99 l»# 'tn® 9f i«l4 t® ‘gii M-®| :®W# »• 9l\C '®®t »®''» ®^ ®ff!®%® t®t !»».t®»®«t ««tcrt»®4 •« • ••!*** •• *1? 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J 4 1A on • it ••• n»ov«d by Cou«c» Jo*tt«A. ••conu#«« "][ ”•][JJ tv . opt uvaoi^.ioo ..4#i. 4pprvvii>9 * i ^.t .«.■« V«u-n..- io« U«v jon«ifuv4*vn ot • •d«i on *•» ^V.I. -.o -4 -IVliVll, Ay«*->. .->4-4i. H«4.4Un p4** 1«,4 MWi. r»:- ' .*. 17A4 4aMJU«iii «w«dT VMUAflCB «.. ......................... • .«<"•«•«• p(*44«f l»«f 4tt«tl»«y •»•*• pi44««t VA 04* W«n4*«. H 1/1 Bonestroo Bosene Andtffik A Associates SnftfiMrt S ArcMMctt November 15, 1994 »f ^ ^1^ t ** * .r«3f“C M •? C#-*- • C=c* *f g ^1 0 ir-v-^ •€ S.iT' V ioenn C •W-**- C3r%#TH^ • c*'#^ "Tft^ •! 3Je3 O U09«tt •! «r^C e.—• • • .#r-y • 9n0CC^ M*c^ ‘ •« >f 1 t ■C-*C c *f •■w't. *« v#*t ■»« ^ ^CWpn»fCL^ Cg»fU''<V f vfjt» • ^ »i V ie^ C • vc-«r C -r'v •• •^1 1 •€ .0^ c ^rtic** *f ken > •'^ereA •! e^wre:^ ^ AroT'^nr »f » WH *1 A Ira *f <j#*y A< \Aore^ •! . Ct^rrz'^ A A J K oaoao '' <*• A *4.% *6 ^ -c - •• Ms. Jeanne A. Mtbusth Building and 2^ning Administrator City of Orono Post Office Box 66 Crysul Bay, Minnesota 55323 Re: Perkins Wildlife Ponds File No. 139-1982 Dear Jeanne. We have reviewed the proposal to create two open water wildlife ponds within an existing Type 2 wetland. As the wetland is not a DNR wetland, the jurisdiction for wetland alterations is with the Minnehaha Creek Watershed District, the Local Oovemment Unit (LGU) for Orono. The LCU has already reviewed the alteration and will not require a permit to do the work. The proposed w^Mlife ponds are accepuble from an engineering sundpoint. However, we request the following information be provided prior to construction: •Method and/or equipment proposed to complete the excavation and transport off site •Routes to be used for equipment access and transporting the material •Schedule describing which times of the year the work will uke place •Location proposed tor material storage Please contact me at this office if you have any questions regarding this matter. Yours very truly. BONESTROO. ROSENE, ANDERLIK A ASSOCIATES. INC. I), xi^'c^ Shawn D. Gustafson, P E 231S Watt Highway 36 • St. Paul, WN 55H3 • 6«2*636»4600 r •f {’OO ^ ^ ^ ;i -rTr J r 15 November 1994 Orono Planxxing Commission /City Council P.O. Box 66 Crystal Bay, MN 55323 To Whom It May Concern: This letter is in support of the Land Use Application # 1982 submitted by Danie’ Perkins of 55 Landmark Drive, Orono. We are neighbors and wish to let the Planning Commission know that we support his use of the land as stated in the application. Sincerely yours. James M. Todd Patrida B. Todd 50 Landmark Drive Orono NOV 1 8 199^ r C h REQUEST FOR COtACIL ACTION DATE: December 2. 1994 ITEM NO.: j( DcpartiMfit ApfNtiTal: N smc Jeanne A. Mabusth TMc Building Sl Zoning Adnumstrator Adimnistralor Reviewed:Afcenda Section: Zoning Item Descriptioa: #1983 Tom and Maureen Palm. 1685 Concordia Street - Variances Continuation of Public Hearing of November 21, 1994 - Resolution /onins District: LR-IC, requiring 0.5 acre in area Total area of property = 14.140 s.f. or 32 acre. Brief Review of Application Please review the enclosed stall memo dated November 15. 1994 and the minutes of the November 21 si meeting for more background on this review. The Palms propose construction of a complete second fltxir above the existing single story trame resideiKC. The structure is located 39' from the lakeshore and the improvement would encroach the average lakeshore setback line by 10' Hardcover excesses exist within the 0*75 ’ and 75- 250 ’ setback area. There will be no increases in hardcover as all improvements will be placed over existing hardcover The Planning Commission fell that if this application is to be approved that the existing excesses in hardcover must be addressed and asked that the shed at a 103 s.f. located within the 75-250 ’ setback area be removed. Hardcover within the 75-250 ’ setback area would be amended as follows: 75-250 ’ setback area = 8.940 s.f. Allowed = 2.235 s.f. or 25Sc Existing = 2.979 s.f. or 33*;^ Originally proposed = 2.979 s.l. or 33^ Proposed as amended by the Planning Commission recommendation = 2,876 s.f. or n.i7c Planning Commission members had reviewed the footprint of existing hardcover improvements. Exhibits FI and F2. and found that all other improvements appear to be essential tor the property. Mr. Palm advised that at the time of purchasing his residence, he received conlinnation that the existing foundation would support a second story expansion. r Request tor Courtcil Action continued page 2 of 2 December 2. 1994 Zoning File #1983 Suff noted that they had received a call from Dave Ziebach at 1680 Concordia Street (residence at east side of Concordia) confirming approval of the Palms' second story addition. The neighbor to Cie immediate north. Helen K Trainor of 1675 Concordia Street, attended the meeting with the applicants noting her full support of the improvement. Palms advise that the reskletH to the immediate south, an elderly gentlemen, is in ill health and they assume the house will be sold within the next year. The enclosed approval resolution has been drafted per the findings and conditions of the three member Planning Commission in attendance at the November 21st meeting. COUNCIL ACTION REQUESTED; To formally close the public hearing and to either adopt or amend the enclosed aw'roval resolution. r A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION I (A) AND (B) AND SUBDIVISION 2 FILE #1983 WHEREAS, Thomas L. Palm and Maureen A. Palm (hereinafter "the applicants") are owners of the property located at 1685 Conc.rdta Street wtthut the Ctty of Orono (hereinafter "City") and legally described as follows: The north 50’ of Lot 16. Coffee’s Addition to Shadywood Lake Minnetonka, Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, the applicants have app ied to the City for variances to Mumcipal Zoning Code Sections 10.22. Subdivisions I (A). 1 (3) and 2 story to be installed over an existing residence that is located 39 from the shordi^ of MiSietonka where a 75’ setback is required and where the new construction will be Iwat^ 10 in front of the average lakeshore setback line where no such Section 10 22. Subdivision 2 hardcover excesses exist on the property at l.(^ the 0-75’ setback are-, where no hardcover is allowed and at 2,979 s.f. or 33% in setback area. The proposed improvement will result in no additional hardcover but will mien, ify structure where these excesses exist. NOW, THEREFORE. BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1983. 2. The property is located in the LR-IC, Ukeshore Residential Zoning District, requiring 21.780 s.f. or 0.5 acre in area. Page 1 of 5 5. The property consists of 14,140 s.f. or .32 acres. Three members of the Planning Commission reviewed this application on November 21, 1994, and recommended unanimous approval of the variances as proposed based upon the following findings: A. The lots in the Concordia neighborhood were developed prior to zoning standards for residential development of lake shore properties. B. Two-thirds of the residence structure is located within the lake shore protected area. C. The proposed second story expansion will not result in an increase in hardcover. D. The lake shore view windows of the adjacent residences will not be negatively impacted by the second story addition. E. The homes on either side have partial second stories. F. The City has received no negative comments from the neighbors who would receive the most impact from the improvement. The City has been contacted by adjacent neighbors supporting the proposal. G. The lot is 50 ’ in width and the existing footprint of the residence structure is 20’. The structure conforms to the required side setbacks. H. The improvement would be consistent with current improvements on adjacent properties. I. The proposed improvement would not have a detrimental impact on the values of the surrounding residences. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor Page 2 of 5 r' ■> pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDF'»'!ONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A), 1 (B) and 2 to permit construction of a full second story addition granting setback and hardcover variances as specified above, subject to the following conditions: 1.Prior to the final inspection by the Orono building staff of the second story addition, the storage shed within the 75-250 ’ setback area at a 103 s.f. shall be removed. Applicants’ contractor shall obtain the required demolition permit prior to the removal of the structure. 2.Hardcover within the 0-75 ’ setback area shall remain at 1,064 s.f. or 28%. Hardcover within the 75-250 ’ setback area has been approved at 2,876 s.f. or 32.1%. Hardcover within the 250-500 ’ setback area .shall remain at 1,450 s.f. or 40%. 3.Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this resolution will expire on that date (December 12, 1995). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be pumshable as a misdemeanor. Page 3 of 5 -‘•rrssr- w 5.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of December. 1994. ATTEST: f •'Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 12th day of December, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 To: From: Date: Chair Schroeder and Orono Planning Commission Members Ron Moorse. City Administrator Jeanne A. Mabusth, Building & Zoning Administrator November 15, 1994 Subject: #1983 Tom and Maureen Palm. 1685 Concordia Street - Variances - Public Hearing Zoning District: LR-IC requiring 21,780 s.f. or 0.5 acre in area Total area of property = 14,140 s.f. or .32 acres Pertinent Ordinances 1. Section 10.22, Subdivision 1 (A) - Lakeshore setback variance required for second story addition. Required = 75’ Existing = 39’ (principal structure) Proposed = 39’ 2. Section 10.22, Subdivision 1 (B) - The second story addition will encroach the average lakeshore setback line by 10 ’ (review Exhibit K). 3. Section 10.22, Subdivision 2 - Review of hardcover. 0-75 ’ setback area = 3,750 s.f. Allowed = 0 ’ Existing = 1,064 s.f. or 28% Proposed = 1,064 s.f. or 28% 75-250 ’ setback area = 8,940 s.f. Allowed = 2.235 s.f. or 25% Existing = 2,979 s.f. or 33% Proposed =* 2,979 s.f. or 33% 250-500 ’ setback area « 1,450 s.f. or 40% No changes in the 250-5(X)’ setback area are proposed. List of Exhibits A - Application B - Applicant’s Addendum C - Plat Map D - Property Owners* List E-l-4 Neighbors’ Acknowledgement Forms Zoning File #1983 November 15, 1994 Page 2 F-1-2 Hardcover Map G-1-3 Hardcover Inventory H - Hardcover Breakdown I - Conceptual Elevation J-1-3 Floor Plans K - Survey Description of Request The applicant seeks approval of the variances noted above to allow construction of a full second story addition consisting of three bedrooms, two bathrooms and a 4’ x 20’ lakeside deck. Review Exhibit I, the conceptual lakeside elevations submitted by applicant. The addition including the upper level deck will not expand beyond the existing lower level single story frame residence. The second story will encroach the average lakeshore setback line by 10’. Review Exhibits E-1-4, note the adjacent owners have been advised of the proposed improvement. The City has received no negative comments from the two residences receiving most impact. Staff inspected the lak^vicw windows of the adjacent residences and found the second story addition would have a negligible impact upon the lake views of both residences. Note the 20’ wide structure has been placed to the middle of the 50’ wide lot. No side setback variance would be required. No additional hardcover improvements are proposed with the application. As applicant ’s addendum notes, Exhibit B, staff reviewed applicant ’s need for additional living space and advised that because of the size of the lot and the obvious excess of hardcover that the only other means available for expansion would be vertical. Applicant has not advised in the information submitted with application whether the existing foundation can sustain a second story. Applicant should advise at our meeting. Statement of Hardships Please review applicant ’s addendum. Exhibit B. Staff would add the following: The lots in the Concordia neighborhood were developed prior to zoning standards for residential development. Two-thirds of the residence structure is located within the lakeshore protected area. Issues for Consideration 1, Hardcover in the 0-75’ setback area is 28% and in the 75-250’ at 33% .... will hardcover removals be required as a condition of the variance approval? Other issues raised by the Planning Commission. y \CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S200.00 ($50.00 per each additional varianceV Renewal Variance Fee $100.00 (no change from original application) Variance for non-confonning structures $200.00 After-the-Fact Fees (Double application fee) . •- 1. a V V w'- * w- • V PROPERTY INFOR\UTION Site Address ST: tCcRm UTT!6 cc^BSS Tc Property Identification Number (P.I.D.) Attach legal description to application if not included on required survey Date Property Acquired_________------------------------------------------ I (do) (1^0 nop) also own the adjacent parcels of land. (month/year) Present use of property: X residential _ Zoning District: t iC-^L other (specify) APPLICANT P^ione (home) *y 7/> 77//____ Name n,».>cAejJ ___ Phone(work) 3//- J?7AX— Address: STK£&~~ City: -------Zip: OWNER (if different than applicant) Name ____________ Phone(horae) Phone (work) Address:Citv: Estimated Construction Cost SDESCRIPTION OF REQUEST ------ ----------------------- Describe request in detail: />PDi77^yw SO. (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback:Front Side y Hardcover Rear Lot Coverage Average Lokeshore Other (specify) i~cJL U. H.ARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions^t^emmg compliance with Zoning Code requirements: (attach additional sheets if necessary) *• I .V * U’m W required submittals uft— ^••-XTr-^' 5. All of tb« r»nn«ing information must he submitted bv the appUcation.deadline date in order for vour apyHcation to bo considered completei 1 Completed Application Fonn •7' “[7 Certified Property Owners List of owners within 150’ (you must obtain this list from Hennepin County Department of Finance, A-603, Govt Center, 348-j271). 3 Plat Map (obtained with property owners list). ^ ^ u .1 4! Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as requited. In addition, provide one (1) copy 8'/5 x 11 for ✓ To^rapiiic survey (existing and proposed elevations) if any changes m existing grade ^ are proposed. In addition, provide one (1) copy 8;A" x ir for fi cv..-h.» or plans of floor & elevation views (provide one (1) copy S'A x 11 ). t' ^ List of the tegal names (include marital status) of all iwrsons with an interest m the Dtopetty This would include name(s) of applicant(s) if not current ownet(s). 8. As mi ^dendum to this application, please attach a separate list of any other persons you wish notified of this application. 9 Additional items as may be requested by City staff. The Applicant and Property Owner must sign this appi.cation. Please «™ember Urn vaur .....'ii.-i..inn is not eo mnlrte if the above information has n«t been tnglutlgd^ m^apSte*^ here^^^^^ provide all information required or requested uy the Zonmg .0 pay additional fees Utaff ttae no. and/or consultant expenses incurred in review of this app ication and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant’s Signamre * ^------ The owner hereby acknowledges and agrees to this application entry onto the property by City staff, consultants, apnts. Commission members, an members for purposes of investigation and verification of this request. Date yn Date /aJsLS-M'Owner’s Signature _______-^—7^-----. Applicant must have all submittals into the City offices ,i3 oays oeiorc month Mating. Planning Commission Meetings ate held on the durd M^ay of ^ Applicants must b* present at all scheduled review meetings of • * *•* . ® „„_g„ts and Council. If an applicant is unable to anend a scheduled meetmg. pleme m j to have an authorized agent attend in your pUce and to advise the Buildmg & Zonmg Offi this change prior to the meeting. 8 I («fe) Adjacent Property Owners’ Acknowledgement Form^tSL/=A/ K m i U'7 f Cc/uc c^Q//u - uJ Ay^z^rjL [print name(s)] [pnnt address] have reviewed the plans for the proposed improvement or proposed use of the property located at ‘C- 0 I ii fllso referred to as Land Jse Application No.-------------. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for Uie City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor s project or use requires Council approval. Property Owner Date Property Owner Date ♦ #Xi#*#Hi#>H#*iC**************’^**************** I (we)(print name(s)I tP™« a<Wress) 21% ___ I (we) UDdersond that in executing this acknowledgement. I (we) am (^) not asked to declare approval or disapproval of the property or use but merely to conftrm for City Council that I (we) am (are) aware of the improvement plans and that the propose neig project or use requires Council approval. Property Owner Date DateProperty Owner If vou have any information that may assist the Application, please submit your comments to the BuUdmg & Zoning Office at least 10 days p to the scheduled meeting date. ATO: CITY OF ORONO SUBJECT: VARIANCE REQUEST V,. MAUREEN AND I MOVED INTO OUR HOME IN MAY OF 1988. THE HOUSE WAS PERFECT FOR OUR NEEDS AT THAT TIME. WE NOW HAVE TWO CHILDREN AGED 1 1/2 AND 3 1/2. AS YOU CAN SEE BY THE ENCLOSED LAYOUT OF THE EXISTING SPACE, THE BATHROOM AND CHILDRENS BEDROOM IS A PROBLEM AND WILL GET WORSE WITH TIME. WE HAVE TWO OPTIONS AT THIS POINT • ADD ON OR MOVE TO A LARGER HOUSE. IN TALKING WITH MIKE GAFFRON IN PLANNING AND ZONING REGARDING THE FIRST OPTION, BUILDING A SECOND LEVEL ON THE EXISTING STRUCTURE AND NOT INCREASE THE GROUND COVER SEEMED TO BE THE ONLY REASONABLE OPTION BUT WOULD REQUIRE A VARIANCE. ADDING TO THE SIDES OR REAR OR MOVING THE HOUSE BACK WOULD INCREASE OR MAINTAIN THE CURRENT HARDCOVER. EACH OF THE TWO HOMES ON EITHER SIDE Of OURS ARE TWO STORY HOMES AND ARE LOCATED SUCH THAT AN ADDITION ON OUR HOUSE SHOULD NOT OBSTRUCT THEIR VIEWS OF THE LAKE. IN TALKING WITH THEM THEY ARE SUPPORTIVE IN THIS PROJECT. I UNDERSTAND THAT A HARDSHIP MUST BE DEMONSTRATED AND THAT IT MUST BE UNIQUE TO THE LAND. THE HARDSHIP HERE IS THE 50 FOOT WIDE LAKESHORE LOT. THE VAST MAJORITY OF LOTS ON FAGERNESS POINT AND ELSEWHERE SEEM LARGER THAN 50 FEET AND KEEP GETTING LARGER. WHEN BOATING I NOTICE THAT THERE ARE VERY FEW HOUSES THAT ARE ONLY 20 FEET WIDE! MEETING THE LOT, LAKESHORE AND HARDCOVER REQUIREMENTS IS CHALLENGING AND IN LOOKING AT THE SURVEY THE PREVIOUS OWNERS SEEM TO HAVE CONFORMED. THIS IS A UNIQUE SITUATION THAT STRICT ENFORCEMENT WOULD CAUSE AN UNDUE HARDSHIP, AND THE END RESULT WOULD BE NOT BE DETRIMENTAL TO THE NEIGHBORS OR EXISTING LAND USE. OVER THE PAST 6 YEARS WE HAVE BECOME ATTATCHED TO THE NEIGHBORHOOD AND THIS PROPERTY. WE LOVE THE WEST FACING VIEWS AND HARD SAND BEACH THAT HAS NO WEEDS. WE LIKE LIVING ON A QUIET DEAD END STREET AND HAVING A NICE PARK AND SKATING RINK SO CLOSE. WE DO NOT HAVE A LONG DRIVE TO WORK AND OUR NEIGHBORS ARE FANTASTIC PEOPLE WHO CARE ABOUT THE AREA. WE WOULD HAVE AN EXTREMELY DIFFICULT TIME TRYING TO DUPLICATE THIS ENVIRONMENT ELSEWHERE ON LAKE MINNETONKA REGARDLESS OF THE COST. IT IS TRUELY A WONDERFUL PLACE TO LIVE AND RAISE A FAMILY AND HOPE TO STAY FOR A LONG TIME. SINCERELY. TOM, MAUREEN, MATTHEW AND KELLY -V.:. -4 :: .5 ♦ « 5:;A 55;i '5 DATE 09/27m;N 504» AOOR !R NAME UVER 1E/A00R> AOOR fR NAME »AVER C/AOORP AOOR ER NAME PAYER IC/AOOR SO 17-117-25 22 0021 01705 CONCORDIA ST JANET JACOBSON SACHS JANET SACHS 7545 17TH AV SO RICHFIELD MN 5542356 17-117-25 22 0024 01407 CONCORDIA ST CLEN E BENNETT 6LEN E BENNETT 1407 CONCORDIA ST NAYZATA MN 5539158 17-117-25 22 0032 01480 CONCORDIA ST LAD SEDOK LINDA 0 SEBOK 1400 CONCORDIA ST NAYZATA MN 55591 COUNTY PROPE’rTY INFORMATION SYSTEM PROPERTY OPMERS LIST50 17-117-23 22 0022 01685 CONCORDIA ST T L PALM AHA PALM THOMAS L PALM 1605 CONCORDIA ST NAYZATA PM 5559138 17-117-23 22 0050 01740 CONCORDIA ST 0 J BELAHSKI ADC BELAHSKI DAVID J A DAYNA C BELAHSKI 1740 CONCORDIA ST NAYZATA MN 5539130 17-117-25 22 0040 01655 CONCORDIA ST HONARO R ALTON III HONARD R ALTON III 1655 CONCORDIA ST OflONO IM 55591 REPORT NO. PI455401 PAGE 1058 17-117-25 22 0025 01695 CONCORDIA ST D J A D R BELAHSKI DONALD JOHN BELAHSKI 3819 COLORADO AVE N CRYSTAL MT4 5542258 17-117-25 22 0031 01695 CONCORDIA ST P riERN00N/1( ORTHEIER-HEI PAUL L HERNDON 140 CARLSON PKHY tlOl MINNErONCA 55505 jy.i . •? *-*-1^58 17-117-vJ 22 0043 01675 CONCORDIA ST HELEN K TRAINOR HELEN K TRAINOR 1675 CONCORDIA ST NAYZATA m 55591P ADOR ER NAME PAYER ME/AODR 504 00009 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO THE BEST 0F MY KNONLEOGE AND BELIEF^ I ■ L i i.we;.y / i.' 'print name(s)]'print address) have reviewed the plans for the proposed improvement or proposed use of the property located 3t M//7 also referred to as Land Use Application No.______ I (we) understand that in e.xecuting this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (arc) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. ■'R Property Owner •* Date f r / If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building 8c. Zoning Office at least 10 days prior to the scheduled meeting date.■ "^) I (we) ^ of ccu,kc^//? S/ [print name(s)] (print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No.________. I (we) understznd that in e.xecuting this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. . 4 fc Date i /!U-y '/V Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior /. to the scheduled meeting date. '*■ •) I v'-vc) / (print name(^)]ipnui uamcwj (print address) ~ 0* • • 1 I (we) understand that in executing this acknowiedgement, 1 (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for die Ci^ Council ttat I (we) am (a«) aware of the improvement plans and that the proposed neighbor project or use requires Council approval. I-I' / Property Owner Date /n i?7 /i S/ V' /7 /-X Proper^^wner C.,'/o/^7/Vkl T* Date Yj If you have any information that may assist the iq days prior Application, please submit your comments to the Building & Zoning to the scheduled meeting date. Adjacent Property Oivners' Acknowledgement Form ^ I (^) ^i^LPh/ ^ 'T^a/a/c//^ of ILIT Co/uco^Of -mI ^ z^rAv'S-:*,. [nrint namc(s)1 [print address) ' • have reviewed the plans foi the proposed improvement or proposed use of the property located at also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor s project or use requires Council approval. » • I • , J2 ju^ 1^'^/'-^^ 0 • Property Owner Date Property Owner Date ,v L 1685 CONCORDIA STREET SCALE 1/16" = 1 FOOT LAKE LEVEL 9/16/94 ** ^ I 1 ^ • V ^ 1 a * ./.j • • • • *•* ** / *•/*•/**/*•/*•/’*•***•*'*•*’*•’ *•'’■•.................................................................. . . •..••• .*•.•**• •’* •* CONCORDIA STREET; ? i i ^ ! HARDCOVER CALCULATION WORKSHEii ScTSACK zone : (circle ONE) ^ 75-250' 250-500' 500-1000' Existing Harocoves in Zone ■■ A. H ouse ___--------------- LENGTH • • X W1DTH _______/---------------------------- • X s 0 X X • ••s / \ •— X m (1A O A X nofwdJAv X X » • n Q rnCUikf V X /^- X uJocO X Q-C}'' E. -hfpn/ X MO e 1 Aunc^ADCr X • AREAS UNDERLAIN BV X PLASTIC SHEETING X ' X ft. Other X « (D S ■ r I S.F. S • r • S.r. S • r • S.F S.F. .F. (S) S • ^ t S.F _ S.F. S.F. _ S.F. S.F. Total Hardcover in Zone JC&i S.F. Total Property Area in Zone STS^s.f. » I06H -^-ITI 37SZ> X100 % 1 rflfl .1..-^ - X i. ^ U : r ^I : I r, lx HARDCOVER CALCULATION WQRKSH^i^_ «T3ACK zone : (c .RCU ONE) 0-75' 250-300' 500-1000' Existing HARDCOvEa in Zone ;ao»3 X = H/6— s.a.A. House G> LENGTH WIDTH S * r • S.F. S.F. » B. Garage .• ;pA. S" X _ ■ ! ; 1 D riveway ~7 X _130 ! i ^ C^€4tgrB X 6Hi !3S^ S.F. S.F. S.F. © t.f.Q) i ■ D. SlDEHACK __ZZfi S.F.@ 75~ . 7Sa. s.F.(|^ ;‘T r* ■ • E. Patio/ D eck S.F. . X . S.F. : I '• < *• F.Landscape AREAS UNDERLAIN BY PLASTIC SHEETING S.F. - X S.F Slf^o 3,3 _ S S.F. .F.@ 6. Other S.F. Total Hardcover in Zone ^^7^--- S.F. Total Property Area in Zone S.F. -:.m X 100 - „% .... -t: HARDCOVER BREAKDOWN HOUSE DECK SIDEWALK GARAGE SHED DRIVEWAY HARDCOVER PROPERTY PERCENT 0j75 697 352 75 - 250 416 250 - 500 15 465 0 0 641 0 0 103 0 0 1354 594 1064 2979 594 3750 8940 1450 28 33 40 TOTAL 1113 352 480 103 1948 4637 14140 32.79 u. ^ M.mmmm < M : > r \i %5 M »M 'A' Nr * \ I ^DKI/VC£ SU/a’EYIjXG A E:\GI,\EER/\G CO. ||u\ S«« MM Mmiih (••Ilk j |•|lt•lu 4** I .tx IM 2( i 1 H'N'* !>i'R\iiY low TOM PALM SiURS LYLD, I'^'M LUL\LLLU. i*»‘u UiGAL DLSC klPtli^N. Ih« \nnh k-ci 111 I III in c or | j| s M)nillci\ in s|l \|)V wm )|> | \k ,| \n\Mln\K\ Ifcnncpni i ouiuv. Mnificxuia UNtL^AUlJNS lu\c Nunvxcd ilic* .iU»Xi* «JcM:Mhcd pfi»ix*n> ^xhiwli ihc Jiciii wlaniix u» ,.x%n or .ippiars in nun Irnin \arinu> iioxcrnnicn: rcvnnK VVc make nn representation that the client J«h :s in Kiel nun ilic prnpem nor that j search nl the fcconU has been mjtlc m ileiernnnr ihe exlerii and ri iiiire nl his ht»ldmys If ihcre is an> dnuhi coiKeminy ihc aictiracs of the k^al descnpiion. coinpctenl keal snunsel should he retained to pcriomi a lillc search arnl issue a title opinion lor our use in preparing the surses \kc slmu oiil> tiuue casements svhich the clicni inh^rnis us n| nr sslnch ue happen lo heconie assare nl ihroii^di other sources Ihc xuT\c> slums «ml> rhnsc improsements sshich .ire nsihk* and uhich vse deem iinportanl UARDtdVI.K lolai Area ol I m 14 Un sipuire livt lluildinys |K^7 WiNHJIVck »5: Tonerclc suf laces 4M0 ttrasel l)riscua> l*MN loial I lard ( oxer 4hWnr *2 SL\t'su.\Ra:QMimL:> & c onvln i k >\s H IK imnc » I 2 If) pipi- uith rljMic pldjs hv.irini; Suit I musc VimiKi <0 ’.« v,,. deru'les tnund if**n riuimunerif M.i.rcb» vvn.lv ilui iliis M.,M> «.iv prvp.ifcl h» me nr umlvt m> .l.twi .iiul lli.ii I .un .1 rnfessioiial I neiruvr and a IVofesMoiial Siirvexor under the I asx% ••! the 'siaii ol Momesoia ^ia^*s M f»arkcf I* I RTS \n SCAI f C»N| |N( II I t^i’Al S 20 KK.KT r \n I I f J REQUEST FOR COUNCIL ACTION % <fv. DATE: Decemb^‘S,^19^ % ITEM NO.: Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1984 Steven England, 3855 Cherry Avenue - Renewal Variance Continuation of Public Hearing - Resolution Zoning District: LR-IC Total Property = 16.251 s.f. or .37 acres Pertinent Ordinance Section 10.25, Subdivision 6 (B) - Lot area variance for undeveloped lot. Required = 21,780 s.f. or .5 acre Existing = 16,251 s.f. or .37 acre Brief Review of Application The applicant has filed a renewal variance application for a lot area variance. The applicant received approval of the original lot area variance on November 8, 1993. The variance application expired in 1994. It is suffs undersunding that Mr. England is proceeding with building plans for the 1995 season. Applicant proposes no changes from the original variance application. All findings and conditions of the original application are still applicable. There have been no code amendments that would alter any of the original findings of the 1993 review. The three member Planning Commission voted unanimous approval of the renewal variance application for lot area. COUNCIL ACTION REQUESTED: To close the public hearing for the review of Application #1984 and to either adopt or amend the enclosed approval resolution. ^ i l I A RESOLUTION GRANTING A VARIANCE TO municipal zoning code SECTION 10.25, SUBDIVISION 6 (B) FILE WHEREAS, Steven M. Englund (hereinafter -the applicant") has “ the property located at 3855 Cherry Avenue within the City of Orono (heretitafter City ) and legally described as follows; Lots 8 and 9, Block 7. Crysul Bay View. Hennepin County. Minnesou (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance rjtrrvei“^p^r^reaisth« zonh« district WOTld retire 21.780 s.f. or 0.5 acre for mmunum lot area. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1, 2. 3. FINDINGS This application was reviewed as Zoning File ^1984. The property is located in the LR-IC. Single Family Lakeshore Residential Zoning District, requiring 0.5 acre minimum area for a buildmg site. Municipal Code Section 10.03, Subdivision 6 (A-1) indicates that "a lot of may be utilized for single family detached dwelling puipoKS widiout CouKt approval if area. . . is within 80% of the requirements of the “"'"S. At .37 acre, the property contains only 74% of the .5 acre requiremen , therefore requires Council approval. Page 1 of 4 I I •I I 4. 5. 6. The three member Orono Planning Commission reviewed this application on November 21, 1994 and recommended approval of the variances as proposed, based upon the following findings: A. At just over 16.000 s. f. in area, the combined lots contain substantial area for construction of single family residence without the requirement of any variances to the zoning chapter. B. Municipal sewer is available and assessed to the property. C.Developed lot sizes in the neighborhood range from .14 acre to 1.5 acres of dry land, averaging about 0.55 acres. The combination of Lots 8 and 9 at 0.37 acre yields a lot size that is not inconsistent with other lots in the neighborhood. There is no other land available for purchase in order to make the lot size conforming. The City Council finds that the conditions existing on this propeny are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City statt, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 4 * Vi i h • i i 4 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a single family detached dwelling on the property containing 0.37 acre in area where the zoning district standards require 0.50 acres in lot area for such use, subject to the following conditions: 1. 2. A sewer connection charge of S225.00 plus the current Sewer Availability Charge shall be paid at the time of building permit issuance. No variances other than the lot area variance are approved via this resolution. The standard lot line setbacks, hardcover limitation of 30%, lot coverage limitation of 15%. and all other requirements of the applicable zoning chapters, shall be adhered to. No further variances will be granted for development of this property. Property owner is advised that a complete grading and drainage plan must be submitted in conjunction with the building permit application. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 12, 1995). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 12th day of December, 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 12th day of December, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA ) Notary Public , 199 before me a Notary Public COUNTY OF HENNEPIN ) On this____day of ________________ within and for said county, personally appeared___________________________________ known to me to be the person(s) described in and who executed the foregoing instmment,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 5 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of . 199 ___, before me a Notary Public within and forsaidCounty. personally appeared__________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said County, personally appeared__________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this dav 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 Date: Chair Schroeder and Orono Planning Commission Members Jeanne A. Mabusth. Building & Zoning Administrator —November 10, 1994 Subject: /^1984 Steven England, 3855 Cherry Avenue - Renewal Variance - Public Hearing Application: Renewal variance for lot area originally granted in November of 1993. The approval resolution expired November 8, 1994. Zoning District: LR-1C Pertinent Ordinances 1. Section 10.25, Subdivision 6 (B) - Requires 0.5 acre minimum lot area. 2. Section 10.03, Subdivision 6 (A-1) - Lot of record ... may be utilized for single family detached dwelling purposes without Council approval if area ... is within 80% of the requirement of the zoning chapter. lilt area variance Lot area required = 17,424 s.f. or .4 acres (80% of required area) Existing = 16,251 s.f. or .37 acres or .74% List of Exhibits A ■ Application B - Property Owners’ List C-1 Certificate of Mailing C-2 List of Property Owners D - Lot Survey E - Applicant’s Addendum F - Conceptual Sketch of Development G - Preliminary Hardcover Facts 250-500’ Setback Area H - Map of Lot Areas of Surrounding Developed Neighborhood I - Minutes of the Planning Commission Meeting October 18, 1993 J - Council Minutes November 8, 1993 K - Resolution No. 3355 Approving Lot Area Variance Review of Application ono Applicant proposes no changes from the original variance application approved in 1993. It is the intention of applicant to commence construction in the spring of 1995. Mr Englund is in the process of developing building plans for a spring start. There have been no code amendments that would alter any of the pertinent findings of the original review. Staff Recommendation To recommend approval of the renewal of the lot area variance for the property located at 3855 Cherry Avenue subject to the findings and conditions set forth in Resolution No. 3355. From: Date: Subject: Chair Schroeder and Orono Planning Commission Members Jeanne A. Mabusih. Building & Zoning Administrator November 10, 1994 #1984 Steven Englund, 3855 Cherry Avenue - Renewal Variance - Public Hearing Application: Renewal variance for lot area otiginally granted in November of 1993. The approval resolution expired November 8, 1994. Zoning District: LR-IC Pertinent Ordinances . . 1. Section 10.25, Subdivision 6 (B) - Requires 0.5 acre minimum lot area. 2 Section 10.03, Subdivision 6 (A-1) - Lot of record ... may be utilized for single family detached dwelling purposes without Council approval if area ... is within 80% of the requirement of the zoning chapter. Lot area variance . ^ Lot area required = 17,424 s.f. or .4 acres (80% of required area) Existing = 16,251 s.f. or .37 acres oc . 'lijo List of Exhibits A - Application B - Property Owners’ List C-1 Certificate of Mailing C-2 List of Property Owners D - Lot Survey E - Applicant’s Addendum F - Concepnial Sketch of Development G - Preliminary Hardcover Facts 250-500’ Setback Area H - Map of Lot Areas of Surrounding Developed Neighborhood I - Minutes of the Planning Commission Meeting October 18, 1993 J Council Minutes November 8, 1993 K - Resolution No. 3355 Approving Lot Area Variance Review of Application mo'* Applicant proposes no changes from the original variance application approved in It is the intention of applicant to commence coni truciion in the spring of 1995. Mr. Engird is in the process of developing building plans for a spring start. T^ere have been no code amendments that would alter any of the pertinent findings of the original review. Staff Recommendation , To recommend approval of the renewal of the lot area variance for the property located at 3855 Cherry Avenue subject to the findings and conditions set forth in Resolution No. 3355. 4. j . UC A •'*r L I * t-CITY OF ORONO - VARIANCE APPLICATIONInitial Application Fee S200.y^ ^ ^($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming strucuires $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address ----------——©evT Property Identification Number iP.I.D.) QB-//7-2.3----iS ^ . . • . j________;r nrif fnr>1ttrlpr1 nn renuired survt - w li.. V - V •. * ■ i- - * Attach legal description to application if not included on required survey. Date Property Acquired /99V------------------------------- I (do) (go iSb also own the adjacent parcels of land. Present use of property: ___residential _^other (specify)----- Zoning District: ^ - f C (month/year) APPLICANT Name CasIq— Address: l*^zc _^*0^* OWNER (if different than applicant) Name _______________________ Phone Oiome) *72V - r/ O 3 Phonefwork) 7^-C ~ 97 V.? aIPL^.Zip: Phone(home) Phone (work) Address:City:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost S Describe request in detail: —(=§ZL— (attach additional sheets if necessary) VARIANCES REQUIRED y” Lot Area _li>t 'v/idth Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements;------------------------------------------------------- AJerr a/ <#V/ cO ^oT'S (attach additional sheets if necessary) ts. C’ ' *>- - V •;, *• ' ^ h ' REQUIRED SUBMITTALSof the following information must be submitted bv the application deadline date in order for vour application to be considered complete: 1. __Completed Application Form 2. __Cenified Property Owners List of owners within 150’ (you must obtain this list from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 3. __Plat Map (obtained with property owners list). 4. __Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy SW x 11" for reproduction. 5. __Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/4" x 11" for reproduction. 6. __Sketches or plans of floor & elevation views (provide one (1) copy 8Vi" x 11"). 7. __List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. __As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 9. Additional items as may be requested by City staff. The Applicant* and Property Owner must sign this application. Please remember that vour variance application is not complete if the above information has not been included, APPLICANT ’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and cenifies that the information supplied is true an4>correct to the best ofjiis/her knowledge. Applicant’s Signanire Date ^ -7-/ OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner’s Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 r i r ^ ' r !!• I < V CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO ) ss. ) ) I, Jamie Bosma, of the City of Orono. Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1984, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 3rd day of November, 1994. 0 Jamie Bosma I/*. •^'^' IIUN DATE 10/n/MPATCN 001AODHOMCR NAHE- JAXOAVER HME/AOaR.%'V-;;U;X;^MO ADOA OMCR .NAtC JlTAWAVER VaiNAHE/ADORADOR•M DIOCR NAHi V VsJAXRAVER •.7;. NAME/ADOR%!' ••..2 ti t t0 ADDH ONNER NAME TAXPAYER NAHE/AOaR '• • • V* »»«.•^fOMCR NAHE '''^TAXPAYER IIAIC/AOOl -i ■ i'i-'' ".tfC'PROP ADOR ^ '.''.' OMNER NAHE '•'ti. TAXPAYER . NAHE/AODR •jjVTAXPA W'- 30 00-117-23 S3 0003 03030 CHERRY AVE ARTHUR C DRAHDIUA TRUSTEE A C DRAMOUIA 3030 CHERRY AVE HOUND MN 55364SO 00-117-23 33 0000 03060 CHERRY AVE KATHRYN H EN6LUN0 ETAL K N NEVERS9700 PORTLAND AVE $ 0324 OLOOH1N6TON NN 5542030 00-117-23 33 0039 03033 CHERRY AVE STATE LAND DEPT CITY OF ORONO PARK4/13/79 ST DEED 156753 SO 00-117-23 33 0042 00030 ADDRESS UNASSICNED KATHRYN H ENGLUND ETAL K H NEVERS 9700 PORTLAND AVE S 1324 OLOQHINOTON MN 55420 30 00-117-23 S3 0045 03003 CHERRY AVE PAUL E A NARY J TAYLOR PAUL TAYLOR 3003 CHERRY AVE HOUND MN 55364 30 00-117-23 33 0050 00030 ADDRESS UNASSICNED 0 H ENGLUNO ETAL COL A HRS 0 N ENGLUNO 5|01 SPRING ROCK COURT FAIRFAX VA 22032 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OFMERS LIST30 00-117-23 33 0006 00030 ADDRESS U4ASSIGNED KATHRYN N ENGLUNO ETAL K H NEVERS9700 PORTLAND AVE S 1324 OLOOMINCTQN MN 55420SO 00-117-23 33 0009 00030 ADDRESS IMASSIGNED KATHRYN N ENGLUNO ETAL K H NEVERS9700 PORTLAND AVE S 0324 BLOOMINGTON MN 5542030 00-117-23 33 004003043 CHERRY AVEC L ANDERSON ETAL N/LIFE ESTCARL L ANDERSON3043 CHERRY AVEHOUND MN 55364 30 00-117-23 33 0043 03060 CHERRY AVE D H ENGLUNO ETAL COL A MRS 0 H ENGLUNO 5101 SPRING ROCK CT FAIRFAX VA 22032 30 00-117-23 S3 0040 03090 NORTH SHORE OR ROGER 6RAIMING A NIFE ROGER GRANNING 3090 NORTH SIKME OR HOUND m 55364 SO 00-117-23 33 0053 OOnSO ADDRESS UNASSICNED STATE LAND DEPT CITY OF ORONO PARK 4/13/79 ST DEED 156754 REPORT NO. PI435401 PACE 1930 00-117-23 S3 0007 00030 ADDRESS UNASSICNED KATIffiYN H ENGLUNO ETAL K M NEVERS9700 PORTLAND AVE S 1324 BLOOMINGTON MN 55420 '30 00-117-23 33 0030 03033 CHERRY AVE STATE LAND DEPT CITY OF ORONO PARK4/13/79 ST DEED 15675330 00-117-23 S3 004100030 ADDRESS UNASSIGNED KATHRYN H ENGLUNO ETAL K M NEVERS9700 PORTLAND AVE S 0324 BLOOMINGOTN HN 55420 30 00-117-23 S3 0044 00030 ADDRESS UNASSIGNED 0 M ENGLUNO ETAL COL A MRS 0 M ENGLUNO 5101 SPRING ROCK CT FAIRFAX VA 22032 30 00-117-23 33 0049 00030 ADDRESS UNASSIGNED D N ENGLUNO ETAL COL A MRS 0 H ENGLUNO 5101 SPRING ROCK CT FAIRFAX VA 22032 30 00-117-23 S3 0054 00030 ADDRESS UNASSIGNED STATE LAND DEPT CITY OF ORONO PARK 4/13/79 ST DEED 156754 V V •j < Vk iTifi , r.•iwllUN DI^TE iO/11/90 tATCH OOf Hi»t4EPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST'•jerfV •' PROP AODR NANAj ITMVAVIII HANE/AOOR sa ea-ii7-2s ss ooss ooosa ADDRESS UNASSIGNED STATE LAND DEPT cm OF ORONO PARKA/1S/7P ST DEED 1547M i? '?"'* ,‘v.Vl. I*II .ms\'-m-s'JSf';; so Oe-117-2S SS 0007 OSOaS CHERRY AVC PAUL E A NARY J TAYLOR PAUL TAYLOR saas CHERRY AVE NOUNO NN B536A V.- REPORT NO. PI43M01 PACE 2030 06-117-23 33 0060 03660 NORTH SHORE DR DANIEL J OHLANO DANIEL J OHLANO 3660 NORTH SHORE OR NOUNO KM BS364 36 06-117-23 33 0066 03666 CHERRY AVE KE>t«TH C A VERNA E NEEKS KEItlETH C A VERNA E HECKS 3666 CHERRY AVC NOUNO NN 5536638 08-117-23 33 0088TOTAL BATCH 006 00022 ALUN C & TERRI L LARSON ALLAN C & TERRI L LARSON 1665 HICKORY HILL DR EAGAN MN 55122 Uk I i 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORNATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF pflOPEMY TAXATION* TO THE REST OF NY KNONLEOGC AND BELIEF ' OATI A ^v-->:«'/►5.,''V ♦*-• • ^ ^K 5X« • =♦ *w . t^-% f •'*“ \ V • i ,.r« t •; >\ '-J 5^otem&er 22, 1993 ,'./ V- p lb/;'- ifir. Ik;>.*»i. v-^’* 1^. -n.H*/■^V ’v ■ • ■ •'3 -. • I >1 ' ■ -fcT. .1^. ^ ^ • -* • .fe-- ' -*:, 4 rv',-' ■ • tv, '■. 4 fi'vA'-; »:•*■ •>:.} ' ' : I5^:-5^^ t'-b:'-'fe-'" ■ & f‘ ,'n'' ‘.t ■*> city of Orono Re: vonance AppHcation Applicant - Steve EnglunO Recjuest - variance for minim'jm lot size regoirement P.eciuirements for Zone LR*iC • 1/2 Acre - 21,780 so./ft. Existing lot size - 16.251 so./ft. - 75f. of requireo size, with vacation of alley. • 16.951 SQ./ft. - 7S% of required size ■a^dsnip “ Not being able lo ouHo on existing lots. r-2t iors 10 ” are Owned oy a different member of my 0 m* m • ••••• •••^* ’^amiiy and are not for wle. At this time 1 am not expecting tne need for any further varian-e 'n f'eoard to setbacks or hardcover Thank vo'j Steve England # •? ■ i-.v^ * ' • i . . - « *A ♦-r*-- ••« ««<<»« ..#■ . '.r- %b * a.'.- 'vu l’^ ;*' ■ :'.‘' -r:- *■«is 'i. ■»uC« , V.,\ ...J.j !t f< ,■, ' > :'■' ^ ■Mi wwOrtlr'lltfAtaf ■:«.^mft.?>t.TM«r-^r^*ril«w«f»« ’'-"j ‘ • ' 'f^- *> 6 t iT .. *» iitp«r««<ve»ri HARDCOVER CALCULATION WORKSHEET / 0-75' 75-250'(^50-500O 500-1000* S£T3AC:< zone : (circle one ) 0 Existing Hardcover in Zone At H ouse /feoo S.F« length WIDTH S.F. S.F. . S.F. S.F. Oaragi S.F. c. Driveway 2 o - X 3o ^ oo S.F. S.F. 0. Sidewalk 6o 2VO S.F. S.F. Patio/Dicx S.F. /2 E.yo___I,,.. F.LANOSCAFi AREASunderlain •YFLASTIC SHEETING /e<^S.F. S.F _ S.F S.F Other .S Total lUiweovM w 2o»e • Total PnooiiiTT A aba ih tone srso _ t,r _ S.F S X 100 I ^ cr^ « •N O' •":2 IV. I r s ^ J.A. I ^1 22-__:% i ! > I J \ \ <9^ • r ••• •» A « m::^\ «±|jUX4lli| govt I ^V:':,;'rv^ •-•-,v’-t''?‘: ^ n»ONO planning COMMISSION MEETING ON««S OF THE 18. IW ^^vUolP-Wic«Ion«-C«.i«-o«'*- M».iodMn.S«v.E»glu-w««P»«“- ____ O^aa^ Zoniaf coce isquu*. •"--_, ,^. ^ uii meeis mu —— S!.i.«««imutovcmeDllMvebeenAatenonpropeity- Tw S^ieWtata P«P»n°«« lecofJing »ite “*P* ...IJ^S^Vild ^ hiricevg »0B* wly ,OTiuld be piopwed- The pc^ nr~««.y with tbe aiet. C-.!**w pnpoted bea^ •j** - ^ ^urn AV6f OTCViOUS WAlCr „ execolve lino*# ot w«« »<1* «p™« ““ usr c-«.——■ II » m #'.*.•«■ "aiu». j- „•■«! -'T‘ ....'*::::TI.- (M) #M83 STEVEN M. ENGLUND • CONT. k-. ,™««n over the drainage issue and cautioned the appUcant as he Liadouist expressed his concern over 5 pirow^ with development of the property. srsrsis'.’ssrr.s.sri ^ Ayes 6. nays 0. S» wSSf^S&E-FACT VARIANCE - PTOUC HEARING 9:45 P.M ■ lOtU P.M. *«..^..fP.ndieuion and Cettillcara of Matting wera noted. : II !'l Orville Fisher wm present. Oatton explained to a i*s»«* “ toe *iad nee euniog in tone. Upon invesuga^ ^ ^ as weU as been a nuinher setback area is not allowed by Cjv ioHosivc vegennon cleaniy. T» <m^ >n ,1^ one year ago pcohibn Code. In addition. Shoiela^ ?**?^^S^T75^^LrViol^ tags have been issued andiawnive v,«wation cuitlag and clearing a to 0-75 r^naiBgtaiheeotiiis. TT»applicainhaahadpw^^ pntoty- ^ shomd reve al the proposed restoration plan to eonsto if ^ ramodeling ejS^J^SeToto aetiviqr on the propeiv .** ^ “*>**“'•^^occurring Which is separate from the tree cutting issue. rnber apologiied to the pobUc. ?I I 0 < ! 1 i m- : ^Tniveyor to ve^ SS^UTweed nee to can’t be purebaswl replaced. • I M I I » -* I iDcy wwuiM • High water table xeially so more «^ I >41 A ooxeiw* *• live trees will be i! b...-TTrr^T* CITY COUNCIL MINUTES CITY OF ORONO NOVEMBER 8,1993 M S' •11. rt^:^ "ifStzrMotion carried. «S78 CHAWSS AND SHIRLEY FnX. 3548 IVY PLACE. VARIANCE. RESOLOTION «3«. Elution #3352. Ayes 3. Nays 0. Motion carried. #1879 ALLEN AND KATHLEEN BAKKE. 1137 LOMA UNDA AVENUE. VARIANCE. RESOLUTION #3353. hlrtM*.*"^S»T*'fcr tek #1880 THOMAS AND JANE REGNIER, 1205 ELMW resolution #3354. avenue , renewal variance . and »«lop»Rnoliition#3334. Ay*s3.Nay»0. Moaoncmried. ROAD, CC XT »T L2!.CIAL , i #1082 JOHN M. 0*SULUVAN/0*SULLIVAI SITE PLAN REVIEW JSS .‘5^^ approval for Council acdon at their next meetinf. #1883. STEVEN M. ENGLUND. 3855 CHERRY AVENUE. VARIANCE. RESOLUTHJN *3355. Co»K0«-b« M K.B.7 -eo-W. Cherry Avenue, for approval of a lot area variance fix constn^^ ^ 0.2^ iwcel. and^Sop^ Ayes 3. Nays 0. Motion carried. #1804, ORVILLE FISHER, 475 OXFORD ROAD, VARIANCE, RESOLUTION #3350. COuncilmember Goetten moved. Kelley seconded, fix denial of #18M for an after-the-fiKt variance and to adopt Resolution #3356 denying the variance. y« Motion carried. ■i'i *»yy. -t r- V Hut . X- V:r 62bM601 ^ } I; t CITY of ORONO RESOLUTION OF THE CITY COU'NCIL NO. o V**. • transfer entered }«<6fW00UKTY TA»AVf B UWKBS m to 1994 H . MMN. ^ocpon A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #1883 WHEREAS, Steven M. Englund (hereinafter the applicant") has interest in the property located at 3855 Cherry Avenue within the City ot Orono (hereinafter "City ) and legally described as follows: Lots 8 and Block 7, Crystal Bay View, Hennepin County, Minnesota (hereinafter the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25. Subdivision 6 (B) to permit the construction of a single family residence on the propertv centainina 16.251 s.f. or 0.37 acre in area where the normal zonmg dismct requirement for lot area is 21,780 s.f. or 0.5 an x.ns for single family detached dwellmg purposes. Minnesota: NOW, THEREFORE, BE IT RESOL^TD ''v the City Council of Orono. FINDLNGS 1. 1 This application was reviewed as Zoning File #1883. The property is located in the LR-IC. Single Family Lakeshore Residential Zoning District, requiring 0.5 acre in area for a building site. 3.Municipal Code Section 10.03. Subdivision 6 (A-1) indicates that "a lot of record . . . may be utilized for single family detached dwelling purposes widiout Counci approval if area. . . is wiihm 80% of the requirements of the zoning chapter . At 0 . 7 acre, the property contains only 74% of the 0.5 acre requirement, an therefore requires Council approval. Page ! of 5 r- i ryrxr, . «•J t. iif I \ > ■ I f v,l CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.t f 5. 6. The Orono Planning Commission reviewed this application on October U 1993. and recommended approval of the proposed variance, based upon the xowing findings: A.At just over 16.000 s.f. in area, the combined lots contains substantial area for construction of single family residence without the requirement for any other variances to the zoning chapter. B. Municipal sewer is available and assessed to the property. C.Developed lot sizes in the neighborhood range from 0.14 acre to 1.5 acres of dry land, averaging about 0.55 acres. The combination of Lots 8 and 9 at 0.37 acre yields a lot size that is not inconsistent with other lots in the neighborhood. Their is no other land available for purchase in order to make the lot size conforming. The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. The City Council fmds that the conditions e.xisting on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Pase 2 of 5 ✓ 14 rVy CITY of ORONO 'h RESOLUnOiN OF THE CITY COUNCIL ^ - .. NO. - ___________ CONCLUSIONS, ORDER AND CONDITIONS s-sll'litlsis 1. 2. Lois 8 and 9 shall be legally combined prior to issuance of the building permit. A sewer connection charge of $225.00 plus the current sewer available charge shall be paid at the time of building permit issuance. Vo variances other than the lot area variance are approved via this resolution. The standard lot line setbacks, hardcover limitation of 30%. !oi coverage limitation of 15%, and all other requirements of the zoning chapter, shall be adhered to. No further variances will be granted for development of this property. 4.Property owner is advised that a complete grading and drainage plan must be submitted in conjunction with the building permit application. • Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be e.xercised by application for a ui ing permit within one year of the date of Council approval, or this variance wi e.xpire on that date (November 8. 1994). Violation of or non-compliance with any of the terms and conditions of tWs resolution shall constitute a violation of the zoning code, shall automatic y terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to e tc of this resolution and on behalf of himself his heirs, successors an assign, hereby agrees to the recording of this resolution in the chain of title or me property. Page 3 of 5 [■ [. CITY of ORONO ‘='3£r-resolution of the city council NO. Adopted by the Orono City Council on this 8th day of November, 1993. Dbfdthy M..flallin, City Clerk Edward J. Callah Property Owncr(s)If • STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on tins 8th day of November. 1993. by Edward J. Callahan. Jr. & Dorothy M. Hallin. Mayor & City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on beliait of the City. Notary ^blic JAMIE LBOSMA MOTwrneuMMNNCsaii t€M(ffMCaMIV MyCoflafieuvU-IMT i Paee 4 of 5 »r*. ’f'K -Mrr ■ ^ i \X:\ • i"' t ■ 1' .'• k f V 0\' CITY of ORONO resolution of the cmr council OmZ NO. ___________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) On this ^-OC day of Public within and for said county, , 199 before me a Notary ' known to me to be the pcrwn(s) desetioed in and who executed the foregoing aammem. and ibknowtedged that he (they) executed the same as his (their) free act and deed. „,Jg2S2^ NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this dav of /Ic^ Public widunand for said county, ^ 3nd who executed ___, 199 'f before me a Notary Eribed in an the foregoing instrument, an^cknowiedged that he (they) executed the same as his (their) free act and deed. JAMIE LBOSMA N01MVrnilUC4«NNES0tt HOMffW COUNTY MirCaM. CVMIMMT Page 5 of 5 r.. ■>. f.. t. ^■-i Y-\ r-i\ I iv resolution # STATE OF MIMMESOTA COUNTY OF HENNEPIN CITY OF OROMO for*goln» copy of . '*'*with th« original record *t a meeting of said City Council held proceedings of said City Council • the same is a true on November 8 •:;p-corr..rco;'ro'; »ia -ly .^cpc.d py »i<. Clpy Council said aceting* r.rr,ssa •" " Dorothy M.(^Uin. City Cleric • pr..- (SEW V“ • • • ■ I • V-. • 'T, *4 _ _- *•• -r ♦ ^ r- - • -I I. f V' -■i r : V*. * ■ V Kr - 5 Ar- ii-'V* - ■ •<-■• REQUEST FOR COUNCIL ACTION DATE: ^ NO.;ITEM NO. Depaitiiient Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Rent Description: #1985 Bruce Bren Homes, 1000 Cox Fann Road - Conditional Use Permit - Continuation of Public Hearing - Resolution Zoning District: RR-IB, requiring 2 acres of dry contiguous area. Total area of property * 3 + acres. Additional Exhibit I • Amended Grading Plan Brief Description of Request For more detail and background on this review, please refer to the original staff memo of November 16, 1994 and the minutes of the Planning Conunission meeting of November 31st. Applicant ’s building permit application was referred to the Zoning Department for a conditional use permit as filling activities were in excess of those allowed under the authority of a building permit, limited to 100 cubic yards of fill. Review the amended grading plan. Exhibit I. 300 cubic yards of fill are necessary to create a building pad that would allow a rear walkwt desi^ to Dickey Lake. The City Engineer sees no problem with the proiwsed filling as drainage will be directed to both the north side lot line to an existing drainage ditch and a swale to the south side of the residence will protect the septic sites at the southwest comer. Driveway grades have been reduced to an acceptable slope not at 4% The three member Planning Commission recommended unanimous approval of the conditional use permit subject to the City Engineer's approval of an amended grading plan redefining grades for the access drive and designating a swale along the south side of the residence. Gustafson has approved the amended grading plan. The enclosed approval resolution has been drafted per the findings of the Planning Commission approval. COUNCIL ACTION REQUESTED: To close the public hearing and to either adopt or amend the enclosed approval resolution. i y'-T.. f .-u- '-< A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19 AND 21 FILE #1985 \ j. i\ WHEREAS, Bnicc Bren of Bruce Bren Homes, (hereinafter "the applicant") has and interest in the pro^rty located at 1000 Cox Farm Road within the City of Orono Lot 8, Block 1, Shadowood Farm, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono per Municipal Zoning Code Section 10.03, Subdivisions 19 and 21 for a conditional use irermit to permit the filling of 300 cubic yards of fill to be used in the preparation of the building pad for a rear walkwt where the code would have allowed 100 cubic yards under the authority of a building penmt. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 3. FINDINGS This application was reviewed as Zoning File #1985. The property is located in the RR-IB Rural Residential Zoning District requirag 2 acres of dry contiguous land. The property consists of 3 + acres of land,.. o which are dry contiguous land. On November 21, 1994. (he Orono Planning Commission iwiew^ the application as proposed and recommended approval based on the followmg findings: A) The filling of the building site wUl have no riegative impact u^n the existing, approved drainage plan for the subdivision of Shadowood. Pace I of 5 W \ M I :r- IJ U- ~ Ik Septic sites at the southwest corner of property will be protected by the creation of a swale that will carry drainage away from septic areas and eventually to the east. Walkout design will not be unusual as some of the developed lake shore lots have been developed with either full or partial walkouts. D) Proposed improvement will have no negative impact on the property values of the adjacent residence. 4. The City Council finds that granting a conditional use permit to allow the filling of 300 cubic yards to prepare a building pad for a walkout design will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19 and 21 to permit the filling of 300 cubic yards of fill for the purpose of preparing a budding pad, subject to the following conditions: 1. All grading and drainage improvements have been approved as shown on the grading and drainage plan by Mark S. Gronberg of Coffin and Gronberg and includ^ in this resolution as page 5. 2. Authorities granted by this resolution run with the property not with the appli.atf but are permissive only and must be exercised by application for a building Pace 2 of 5 ■ Ifh ^ i 1 M 3. ATTEST: permit within one year of the date of Council approval or this conditional use permit will expire on that date (December 12, 1^5). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of December, 1994. Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Bruce Bren of Bruce Bren Homes Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of December. 1994, by Edward J. Callahan, Jr, and Dorothy M. Ha:iin, Mayor & City Clerk of the City of Orono, a Mirmesota municipal corporation and said instrunient was executed on behalf of the City. Notary Public Page 3 of 5 If STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this______day of ____, 199 ___, before me a Notary Public within and for said County, personally appeared_____________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. .Vi STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) Notary Public ^4; On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared__________________________________ known to me to be the person($) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 uf 5 i 1 ■ J! TO:Chair Schroeder and Orono Planning Commission Members Ron Moorse. Ciiy Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE:November 16. 1994 SUBJECT: #1985 Bruce Bren Homes. 1000 Cox 1-arm Road - Conditional Use Permit Public Hearing Total area 3+ acres Zoning District: RR-IB, requiring 2 acres of dry contiguous land. Pertinent Ordinances Section 10.56 - Property is also located w .;»in a shoreland area. Dickey L^e has been classified as a natural environment lake. Proposed structure meets all setback requirements from the natural environment lake. Section 10 03 Subd. 21 - A building pemit application has been referred to the zoning department as filling activities were found to be over the 100 cubic yards allowed with a building permit. Original plans proposed 450 cubic yards of fill. The current plan calls tor approximately 300 cubic yards of fill. List of Exhibits A - Application B - Plat Map C - Certificate of Mailing D - Property Owners List E - Engineer’s Report 11/15/94 F - City Topographic Map G - Survey - Grading and Drainage Plan H - '^l<rvation Description Request at the higher elevation to the northwest comer filling was reduced by cu i , Please review Exhibit E. Gustafson s repon. He notes that existing elevations l^'e been incorrectly located on survey noting that the higher elevations in the noithwest comer were not Zoning File #1985 November 16, 1994 Page 2 recorded. His major concern is that the proposed drive would have a 15% grade down from the road which would not be acceptable. The grading plan should be modified to include existing street grade and to revise grades for access drive. Review Exhibits F and G, drainage from the north side of the residence will flow to the drainage way at the north side lot line. Drainage from the driveway and the remainder of the house at the south side will drain between house and septic sites. In order to protect the septic areas, the engineer asks that a swale be installed along the south side of the residence that would convey drainage to the east. Review Exhibit H, the elevations of the residence reveal no height problems. Height has been determined at the highest existing elevation. The application cannot be scheduled before the Council until applicant's surveyor has submined a revised grading plan for review and approval by the City Engineer. Issues for Consideration 1. Section 10.03, Subd. 21 was amended in the mid-80s. It was the City's intent to provide guidance to the building official as to what would be considered unusual land alterations involving filling, removals or grading activities proposed with the application for new residential construction. The guidelines have been defined in Section 10.03, Subd. 21(1- 3). The conditional use permit would provide adequate notice to adjacent residents where intense land alterations may cause disruptions in normal activities, damage access roads, etc. At your October meeting, you reviewed a conditional use permit for filling activities involving 450 cubic yards to be accumulated from soil corrective measures. The fill was used to create a rear walkout where existing elevations did not permit. Does the Planning Commission have any objection to properties being filled or cut to allow rear walkouts? Should homes be designed to fit existing elevations? 2. Are there other issues that should be addressed with this type of application? As already noted above, the staff cannot schedule the application before the Council until an amended grading and drainage plan has been submitted for the City Engineer's review. ikTy i r“—N. city of ORONO - GENERAL LAND USE APPLICATION- PROPERTY location Site Address — Tvdc of Application to be Fued ——--------------------------------- Property Identification Number (P.I.D.) 27-14.9-23 0013 1000 Cox Farm Roaa UUP- Lana Alteration Phone (home)____________ ______ Phone (work) 475-0913 City Wayzata Zip 5 5 3 91 O'VNER (if different than applicant) Name Address Phone (home) Phone (work) Date Property Acquired _ -^>.nciina annrnval Qf ?egmi1:--------- I (do) (do nit) also o'vn the adjacent parcels or land. FEES - CONDITIO’4AL USE PERMITS • ... S 50.00 For each variance request with CUP application $125.00 Residential Accessory Use ^ . ^ 5200.00 Institutional (church, school, etc.) $175.00 Guest House.'Guest Apartments $150.00 Duple.x Credit/Bldg $250.00 Commercial/Industrial Use "Ic $200.00 Land Alteration ^ t • -------- Grading and filling - designated weUand or floodplam Grading and filling - lOl cu. yd. or rn^re Grading, seawall, retaining walls within /3 of lakeshor PRD/PID - see Fee Schedule . --------$100.00 Renewal Fee tno change from ongmal application) .•\fter-the-Fact Fee - Double Current .Application Fee (month/year) OTHER APPLICATIONS . . _____$200.00 Commercial Site Plan Review t- consultant te-s) _____$250.00 Vacation $175.00 Easement Vacation $ 75.00 Easement Vacation With Subdivision^ _____$300.00 Rezoning (PUD - refer to fee schedule) _____$300.00 Comprehensive Plan .Amendment $100.00 .Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify;. *r ^ • * Wf « • I • •• i a w. •- i . — - required submittals 1 Completed Application Fonn. 2, Describe request in detail. 3 Certified Property Owners List of owners within 350’ ^ou can obtain this list from " Hennepin County Department of Finance. A-603, Government Center. 348-3271). 4. Plat Map. 5 Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. 6. Attach legal description to application if not included on required survey. 7 ’ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). g [^ist of the legal names (include marital satus) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). ), Construction plan, if applicable (see staff for requirements). 2Q As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED lO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:________________________Date^---------------------------------- APPLICANT ’S SIGNATURE . .. u ^ The applicant hereby agrees to provide all information required or requested by the Zonmg Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct io the best of his/^ knowl^ge. ^ Applicant ’s signature — Date----/2^^ j — Bruce Bren, President OWNER ’S SIGNATURE . ^ The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner’s signamre Date of this change prior to the meeting. {;j ««C?•* •*(*«•►«(1)&>,;,. ^^ Jcc2>•DT *:[ i T V, ^ 4 ,[ ►V*1S‘-' ;I’o** 1-.-^^ •.:•■'I •/»»d I?IlL ;p: ....«...______■--------------------------------------------------------------------------------------------^'VV.»s^&:i*.f!t'-r c»'^"/dS-O• •• MiZii* * ‘M*L-------u.*« A —j ? k ‘jUik-%-^-„,_ •'S':-/-!, /fr^»0 ••• m ^'V“ Property owners list for Bruce Bren #1985 27-118-23 31 0012 Donald & Leslie Wilson 2140 Salem Ct Long Lake, MN 55356 27-118-23 31 0013 Ervin & Michelle Wachman Jr 2135 Salem Ct Long Lake, MN 55356 27-118-23 31 0014 Daniel & Ruth McPherson 2145 6th Ave N Long Lake, MN 55356 27-118-23 31 0022 Fullerton Properties 608 2nd Ave S Minneapolis, MN 55402 27-118-23 32 0014/15/16 17/18/19 Fullerton Properties 608 2nd Ave S Minneapolis, MN 55402 27-118-23 33 0012 Fullerton Properties 608 2nd Ave S Minneapolis, MN 55402 27-118-23 33 0013 Leslie & James Hanson 930 Cox Farm Road Long Lake, MN 55356 27-118-23 33 0014/15 Fullerton Properties 608 2nd Ave S Minneapolis, MN 55402 27-118-23 34 0001 Lyle Cox 926 Brown Rd N Long Lake, MN 55356 27-118-23 34 0002 Thomas Lane 915 Brown Rd N Long Lake, MN 55356 27-118-23 34 0003 Geo Johnson 879 Brown Rd N Long Lake, MN 55356 27-118-23 34 0007 Scott & Kathryn Anderson 2095 Salem Court Long Lake, MN 55356 27-118-23 34 0008 Robert & Jane Beach 2055 Salem Court Long Lake, MN 55356 Bonestroo Rosene Anderlik& Associates Engineers & Architects November 15, 1994 5Lvx»5f7Xj 4 <>: s jn\^:ry\Ec^*tCmyTirjrvOrro G So'^^rr*:^oc<rt W e • ;ovepri C Vv^e^'is ‘"’6 Varv'n i. Sorv^i »£ E *u'ne* ^’E G ern Q C2C* *>E £ Nove\ ffoGe<t G jcriurchr PE Sown M C ^ •Senor Conwiunt ^-<^v.*rt3 A S.i'*'C'*J «eth A Go<Oon PE PoceT *»EPE O LON«ofj PE Pooei C Roviet a > a vffrv A BOonocn Pf Mjft A Hjnvon p£ T RjufTTjnn P£ >J ^ PE 'rxjm^S R Ant>*f^n A i A Do<’a‘<5 C Borv'^ PE A Sv^Ac PE ^^roe'C . S;e''Cx;"C p£ V'T’^f* p£ Vc**j»r P Pju PE A^t« M 9r^ .A <C P A' P^f'VJn Pf•.^<nAe< C '. pe R Uawro P£ O »Vmch PE Scon J A/gjoee. P£ P Arvjfrvx* PE \W« S Borf\ Pf A Sets PE Garw A Vonen P£ Pju« J oJrnon A I A “ ; E iOe'*.cn PE * p<t Sc ’^'^k .t PE .o - CJ‘PE v,*^ :: p£V4T^ fi PE^ G*Jve» PS^ pp Go% D <"2ortr PE ^e*tn R »^oo PE Oci^s J 9enoc PE 'rAw.« O Guv^vcn PE Cec 'AJ PE piu« G ►^evr» PE .onn P G<ytJe» P£ C*'J'^S A Enckjon ^eo \* P.?A^*sry *.« C lOO Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Bruce Bren Homes File No. 139-1985 % nT Dear Jeanne, We have reviewed the grading and drainage plan for the proposed house pad at 1000 Cox Farm Road in the southwest quarter of Section 27. The existing grades shown on the plan are incomplete and inaccurate. They do not show the large hump near the northwest comer of the lot, nor do they show the street elevations. We believe that the street has an approximate elevation of 1002 at the driveway location. The proposed driveway has an elevation of 996 at 40 feet from the street. If this is correct, the driveway would have a 15% grade down from the road which is unacceptable. The grading plan should be modified to include the existing street grades. The proposed grades for the driveway should be revised. The north side of the house pad drains naturally to an existing drainage ditch that leads to Dickeys Lake. The east side of the pad drains naturally to the east. A portion of the driveway and house pad must drain along the two septic sites. We would recommend that a swale be excavated between the pad and the septic sites to direct the drainage easterly around the septic sites. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE. ANDERLIK & ASSOCIATES. INC. Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 '■■Tv-- 1 \\j j' f 1 11 "1 :__1 1 ,J,0 //\// /\/ f /% \ \/\\/ \f__\\/ tKsaMsA «- I REQUEST FOR COUNCIL ACTION DATE: December ITEM NO.: | fci*r • ♦•V ^*_ , * » *»* i«r Department Approval: Administrator Reviewed: Name Michael P. Gaffron Title Assistant Planning & Zoning Administrator Item Description: B-2 Zoning District Amendment Agenda Section: Zoning Attachments: Memos and Exhibits of 11-23-94 and 9-8-94 Synopsis: The major changes proposed to the B-2 code are in 5 areas - • ’Slip rental' added to list of Permitted Uses. • Accessory Uses section added, including some which currently occur at marinas, some not... • List of allowable Conditional Uses revised to reflect existing uses as well as potential new uses. • Conditions CUP approval on landscaping compliance, parking adequacy, etc. • Minor revisions in the following areas: Parking requirements. - Stormwater controls. Landscaping requirements. - Reference to LMCD Code. On-land boat density limitations. - General performance standards. The proposed lists of "uses" are summarized as follows; a ^ . APermitted N • Slip Rental P • Boai/Equipment Sales P • Boat Repair/Service P • Boat Storage P • Marine Fuel Sales P o Bait & Tackle Sales KEY Accessory N • Signs N a Pumpout N • Fishing Tournament C • Pre-packaged Food N 0 Dive Shops N • Clubhouse N ? Lessons/Tcaching P a Boat Rental N a Caretaker Dwelling Unit N : Sailboard Sales/Rental N c Ice Boating Sales/Rental P 0 Ice Fishing Tackle .N o X-C Ski Sales/Rental/Servicc Conditioiial N a Boat Clubs N a On-demand Launching N a Transient Launching N a Chaner Boat Port-of-Call N o Lake/Lake Maintenance Operations Base N o Snowmobile Sales & Service a Uses currently occurring at one or more Orono marinas o Uses not known to be currently occurring Status in current code; P Permitted Use C - Conditional Use N - Not addressed in current code Additional Information: City Attorney Tom Barrett has suggested eliminating a portion of the non-conforming use seetton (Subd. 1^). This section, in place since 1975, relates to expansion of number of slips and buovs. and length of docks. It basically states that if a marina adds slips or dock length in excess of what City previously has licensed, equivalent removals must occur of portions of existing docks that are non- conforming. Staff agrees this wording needs to be either updated to retlect current LMCD codes, or dropped. COUNCIL ACTION REQUESTED: Direct staff how to proceed with the B-2 Amendment. REQUEST FOR COUNCIL ACTION DATE: November 23. 1994 ITEM NO.: ^ Department Approval: Name Michael P. Gafton Title Assistant Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: B-2 Zoning District Amendment The Mayor has requested this be placed on your agenda for discussion. Planning Commission and Council met in a work session on October 6 in regards to the proposed B-2 Amendment. No formal direction was given at that time. A copy of the September 8 memo and exhibits is attached for Council’s review. COUNCIL ACTION REQUESTED: Direct staff how to proceed with the B-2 Amendment. - 41^"^ REQUEST FOR COUNCIL ACTION DATE: September 8, 1994 ITEM NO.: Department Approval: Name Michael P. Gaffron Title Asst. Plamung & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: B-2 Zoning District Amendment List of Exhibits A - Proposed Amendment B - Staff Memo 5/31/94 C - Kevin Staunton Memo 7/22/94 B.ickground In 1993 Council directed Planning Commission to review and make recommendations regarding the B-2 Zoning District ordinances. Planning Commission has completed that review, resulting in the attached ordinance recommendation. Further background regarding the content ami process resulting in this proposed ordinance is provided in E.xhibit B, and in the 1" thick blue- covered document compilation which Council received earlier this summer. Regulation of Operation (Uses) The proposed ordinance revisions incorporate a *umber of new uses which Council suggested should be regulated. The majority of recommended changes do in fact relate to the use of the property rather than the physical aspects of the propeny. Planning Commission concluded that rela.xina the lot area/width/setback/hardcover standards to match the reality of our e.xisting marinas was not appropriate. Planning Commission did suggest that those marinas requesting a conditional use permit for a use which they have not had in the past should be required to meet the landscaping re(.,uirements. Planning Commission reviewed the proposed ordinance with Kevin Staunton. His memo briefly addresses enforceability of the proposed code, and suggests that operational activities might be better regulated by licensing. Perhaps the downfall of regulating by license in the past was a combinarion of encumbering the license with requirements to make physical changes to the marina proper, and denial of licenses when that did not occur, but taking no legal action nor imposing sanctions for noncompliance. Request for Council Action continued page 2 of 2 September 8, 1994 B-2 Zoning District Amendment ' *< Regulation of Physical Aspects (Hardcover. Landscaping) Perhaps a reasonable approach to gaining physical changes to the marinas would include the following: ■ • Council to determine what general changes they would like to see in the physical aspect of all marinas. • Allow staff to then work with each marina to devise a plan and schedule for bringing each marina into an acceptable degree of compliance over time. • Bring this back to Council for approval. • Formalize an agreement with each marina, establishing schedules and sanctions for noncompliance. Such a program would perhaps avoid the "taking" issues raised by Staunton, would allow the City to reestablish a base line and «ci of goals for each marina that, when complied with, both the marinas and the City will have reached an acceptable comfort level. Options for Action Noting that the Planning Commission has held the required formal public hearings for this amendment, Council could direct staff to make any minor changes you want and place it on your agenda for formal ordinar^e adoption at your next meeting. • If Council wishes further Planning Commission input regarding the reasoning behind the proposed amendment, a work session with Planning Commission could be held, f n /o- 6> - ^ • If Council feels there are specific physical changes to the marinas which Council feels need to be dressed as a high priority, then hold a work session with staff to identify those issues and their relative priorities. • Other. ! r. ■i ! i SECTION 10.41 (Da4FT) - SUMM-4RV OF SUBDIVISION HEADINGS Subd. 1 Subd. 2 Subd. 3 Subd. 4 Subd. 5 Subd. 6 Subd. 7 Subd. 8 Subd. 9 Subd. 10 Subd. 11 Subd. 12 Subd. 13 Subd. 14 Subd. 15 Subd. 16 Subd. 17 Subd. 18 Subd. 19 Purpose. Definitions. License Required. Application. Permitted Uses. Accessory Uses. Conditional Uses. Parking Requirements. Yards. Landscaping .Areas. Additional Performance Standards. Area. Height. Lot Width and Yard Requirements. Setback, Hardcover and Tree Removal Regulations. Drainage. Non-Conforming Use. Variances. Variances for Required Landscaping .Areas. Regulation of Structures Within the Lake. Reference to Other Ordinance. r Proposed .Amendment to Municipal Code U SEC. 10.41. B-2 LAKESHORE BUSINESS DISTRICT. Puroose The "B-'’" Lakeshore Business Commefetf^^ District %vas lakeshore commercial busmess-s Lakeshore Business Commercial Districts adversely expanded the operations so that no - adjoining properties. The purpose of this affect the lake water quality 1 “i!I.'.i.rinnl of ihL h.Kinesses in a manner that Chapter is to provide f„ iJJttioinl lake tequire partial icstoration which have previously suffered from water and-te insure protection J while «nd enhancing the qualit\- oj the unregulated expansion ot commercial activities. ----y --------- the lake and shor<>land environment. CnhH ^ Definitions. ■M.rina Rust"»’t~ tneans envavinv in one or more of the permitted. .r .-orditional useoilaweiujihii^ I SpM_a^^lcen5^R^flmre^ nkiric! shall obtaimn-itiPtnl tpanna busme;s license per tn_E vfiinicipal Code_^ r. c,.hH a AnrUcation All applications for a building permit w-a^ witl^Subdr-S-r Subd^ Appt.caium aii vv ^viewed bv the Council and may be ^ Stibd 5 Permitted Uses. Within the •B-2'Lakeshore Bus,ness District. no land or stm^aihr^d e.scept tor one or more of the foUow.ne uses: A. RepuuJ. nepgir and x .n icin;. of hners- BemaLatin-water boat ?l|Ei. B, .10U..U iriiih i -.nnar sales^Oaall^otors. trailetLand iparine accessories.. r- - II -i|--uJi .iiiiM-han- n,hina imaipmant ird tal-- ueau. hun mrrli^ hnii n On.land <itQrag ^ and_suta[neL p Marip ^ sales.. P p-^^r .nH fishing tackl e sajei. ,, - w.-rhin an« "R-'?" T ii»i-<;hnre Rusiness District^, ihg f, AccesjOEvaiag^-MUUaV-£-^------------------------ fniinwin» uses^MLbSJgfflUasdJSa^^^ > c,nn.i Sign? ”5 chaplC L O p... h»d pmrr'"' saniiarvb oatwaa f <lCTpio^ fa.;U irL Q pt^hjp^ touni3JPcnts.. include* nreoaratio n nilier Uiai LWjimklS-^ P»t,km and Sal.; "f f""-< from vei^'P» n^achines is_aila^ p Dive shOPS^ F. (..smbly/JoungHacti:"^"'- *''' C1 Iih'* customers oniv.'L r-. 1 ^<.nns,-te-»^hing (sailing schools. etcA u Rental ot boats^ T One cnrptaker dwelling umL J. Sai^hoard s-^lgs/rcntaL y ,.. h^,„no <nks/rennlii£gl-- operations base Icp pchino tackle sales^ ,, ^.„.c-,.„nrrv Iki ;3|../n.-lll/service. ;^l;d. ’ T, Conditional Uses. Vo rnndilionil mn P‘™'^‘r^^„iremena A. &.IC uf cijMCtti^s- nmt filin • ii^gQuate r^y-ina is available on..th^sit^ •a --l.'-A-.^i sUl w.- lo.o’^ OP TWS cH<v>r»ge- »----------------------------------------------------- OX jCXX riL*' »/'• i If If'/y ^ ^ U Sufej€€{-4e- Pl.hlic boat launching n»_n.m\nH fOn-demand launchmg of customeriQyged boats stored onihe ADDlicam Shall ^^mnn.rrare that adequate narking is ayailabje on the site. Approva l cK.ii c.Kj^r" rn T Mrn nenpif for such use, but Citv shall.not be_obLioatedjo approve such uje if hv T MCD whcH paildn^ is inadequa^ Q Cal; of nrepnrlrn^M v goding-moehings. Prepackaged food indudes-^ilv food which-ha7bccn profesMonilly prepared at 3-k>e^ief> rather than on-^ premises and do.J iici iaclmlc "full counii mcah’ or my food preparaiion oiher ihan uiru"jliliifi Mfci -r miirn -n' - "f fi-om vending mnehinw ii ellov vw i- PuWic nn,. I^unchiM Transient, ri annehing of boats via a ramp or other means for or bv customers when such boa.^ are nn, stored on the site). Applicant shall demonstrate that adequate car-trai|ei naririne is availahle on the site. Hours of operation shall be at Council discretiom n Charter boat port of call. A charter boat port of call shall be detined as rpqiiirgments. hours of operntion. etc, as mav be appcQpnate to Protect public in^rest. Applicant shall demm<:tra[e to Council that all such conditions are jngL F 1 ake^Lake ^tritrrure Maincenance Operations Base.—('includes but not ieaaie.H rn HrPHcinP ^veecl cuuins. T.hr. mnsspl rnntrol. dock and boat life installation...riBiraP5ing ------------------------------ ^ ^ 1 .. I!__.t-^ *^r tre HicrrPfinn imacu lu --------------------------- ,nrl seawall con-—--'-" m.av limit the OKration at Its discreiiotL F ^nmvmohile sales and service. Snowmobile rentals shall not be allowed. Ii,e nf .he nmnerrv as a ha.se of onerarinn for snowmobiling shajj npi allowed. jtEElianLJiaU demonstrate that adeouaie parking is available on the s.it^ S^b4r-&r Subd. 8. Parking Requirements. Witliin the "B-2" Ukeshore Business District the off-street parkins facilities shall be sufficient to eliminate any traffic or parking congestion like'.v :o be caused by the business conducted. The parking areas may need not be p.avPLl but shall’ re provided -.vith appropriate stomr.vater runoff qualirwQuantity controls as_rna% b. required in this chapter. The minimum parking requirements shall be as follows: on land. A. Six parking spaces shall be provided for each ten boat slips on water or B. At least eight off-street parking spaces, plus one additional space tor each 800 square feet of Hoor area over 1.000 feet, including warehousing, and ail outside sales an storase areas related to the sales and serv'ice fiincuons. C. If the proposed use is to include the launching of boats public for the day from trailers ii.e. Public Boat Launching, Trapsiepti. ten a luon a J r parking spaces shall be provided for each ramp. n Tf rhr " charter b^nort of call one additional p If chall he provided, or a plan foLOff:^ parking space .for Mch 1 cAy, subie_ct to^CouncijLapETO^ .aririnc and shuttle servr^ provigeuju_i------------»_partcing ana bau ut^ ------_— ----- o- E Tlie required parking spaces may not be separated by a pubHc roadway ©r t. me requuc p , e designed to serve. from the dock, a storage space, mooring space. Hoor space, or p . c- F Reouired off-street parking space may not be utilized for open storage "SsSSSSSiSSSiSS L reduced - 1.^. .Mn of the required spscgs. 2, Parking may not be allowed In any required yard or landscaping area. H r 11 , M.rl-inr T......... .hove. The n-illSiZ^ISMiarMc^^ "" an^ffic dalaikm. plan to be keoc on file with the CUjil:. c.thH 6- 9 Yards. The minimum required yard areas for the district an. required vard._ 9ubd ^ 10. Landscaping Areas. In addition to the landscaping required m the required vard areas for the district, the following landscaping areas shall be an scap accordance with the following provisions: .A. The minimum landscaping areas shall be as follows: '> Side vard landscaping area shall be an area that is side lot line and not within the lakeshore landscaping area or front yard landscaping area not be less than 10 feet deep. J LLJ LU L.-'J S* 20 -VV J 3 Front yard landscaping area shall be an area that is parallel to the c-,. fh^ Ukeshore landscaping area and shall not be less than 10 feet deep. Breaks in ttetandsca? “g area for access to the public road shall not exceed an aggregate width of 30 feet for each marina operation. B The detailed landscape plan for each landscaping area shall provide for a a nHmirilv ever«Teen and deciduous trees not less than six feet in natural woods area ^on » P * • JL. interdispersed among the trees so as toheight. Shrubs not less than two feet ,n hetght ^all^be tnt^ r^ ^^^g eventually juowed in the landscaping area e.xcept the required landscaping summer months, i o required in addition to the natural landscaping which has and access roads. A privacy -p,,, u^e of any fencing shall not satisfy the been planted “ J"uTdscalg^^^^^^^ visual screening. Any yard area requiringrequirements of providing naturaUandsca^g ^ ^ ^ - ‘ “* •— —■ ^ w C All the required impeovemenis in the landscaping will be cotnpleted prior ,0 the date of issuance of “an oc'cSpancy certif,c.ate or as otherwise provided by this Chapter. whichever date occurs first. c .' II ......mdenver in ih.- renuired landsraptnv areas shall..te nafotal IWm required landscape arg3S_^ Subd g- IL Additional Performance Standards. Within the B-2 Lal.eshote Business District any land use must meet the following performance standards: Suitable sanitarv facilities connected to public sanitary sewer or to ^ ^ accumulated in boats docked or serviced at the il?:!!I?rafnumoou, facJkoMikMgd^iaiac^^^ B. insofar as practicable. aU means of ovefsmerj shall be so located and designed as to avoid toe ro ““S_° operation to any public paved roadway shall be paved for a distance of at least thirty feet adjacent to me p n • t. *-'il ^ tiiJ' Ml 1/ to minimize dust and noise conditions. All access roads from the operation to any unpaved public roadway shall be treated to minimize dust conditions at least to the extent the unpaved public roadway is dust controlled. C. The All lighting r>n the premises shall be shielded so that no direct glare can be seen from adjoining residences, from the lake or from the roadway. D. The hours for running engines or operating any boat engine for the purpose of charging batteries, running auxiliary equipment or testing shall be between the hours of 8:00 A.M. and 6:00 P.xM. Nnice shall be limited per the provisions _pf the Zoning Chapter E The maximum hours of operation shall be 7:00 A.M. to 10:00 P.M., for retail sales and service ftinctions, except as necessary to support normal fishing activity or private use of the boats stored on the premises, unless other pennission is specifically granted by the Council. F. Persons in charge shall at all times keep the docks, sea walls, and premises in a neat and orderly manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds. G. Persons in charge shall prohibit the dumping or throwing of garbage, paper, bottles, cans, refuse or debris intJ watenvay. Persons in charge of mooring area shall provide garbage cans of sufficient size to hold garbage or refuse to be collected. Dumpsters shall hi» srrpened so as to not be visible offsite. H. iN" commercial docks or boat buoys shall extend funher into the waters of any lake than is reasonabl e' necessary to accommodate the docking and mooring of such craft as shall customarily and lawfully be used on the lake or so as to interfere with, obstruct, or tend to obstruct, or render dangerous for use or passage a body of water within the primary harbor limits of the City. The length of uocks and location of buoys shall be regulated by the City Code. All such commercial docks and wharves snail be constructed and maintained of such materials and or such c>-pe of construction as will not render them unsafe or likely to endanger public enjoyment or the waters. The use of r.on-encased exoanded-bead rolvsrvrene foam as a dock floption material has been prohibited elsewhere in the municipal code._ Commercial docks shall be maintained in a neat and orderly manner at all times. I. If ott Bide on-land boat slip (land) storage facilities are provided, the boats shall be stored in such manner that they do not create a Hre hazard. Any outside structures for purpose of storage of boats may not exceed 15 feet in height. OnJind Bty boat storage not be located in the required yards or landscaping areas. .\ny gasoline offer ed fot jalc on the premisos shall be placed in tanJes or containers os may be required the Counct i. r :nlc: or containers ^h^ll nnHfirgrmmH nr ruchdktance-from the storage facilitios so te-£FCQte a danger-to the comgwmtyr TTie premises shall at all times be maintained in a neat an orderly manner. Lu LTd ! ■ S'2c-o^- j Any gasoline offered for sale or stored on the premises shall be placed in tanks or containers as mav be required bv the Council, and as required, in Municipal Code Section <) U. Such ranks or containers shall be stored in such a ma nner and locatjojiso as not to create a danger to the community^ K~ On-land boat density.. 1. Summer boat density. The number of boats stored on the.premises fnr anv and all ma.nns shall not rhai numher which can be safdv stored in allowab le Inna,inns whiln main.ainina annroDri ath insress, tyrcss and emerijencY acpes; lo ch<= sit., as welUi ,nain.a!.,irn ,hn rnqnlsnH nnm^nr of ac repta hle parHiBii ?P4ce?. Boat? shalljpt he siored m rnqtnre4 anin paricini, snaces during the summer months (JM°g I Ibni-Sepienibdr |j). 7 Winter boat densitv/storage. The number of boats stored on the nrcmises for anv a nd all reaso ns during the winter season (November 16 thru Apnl 14) $hall ...not Lnped that number which can be -safely stored in allowable locations while mamtaimpg ingress.. egress and emeroency access to the site, as weil as maintaining the required number or wjnter narking spaces. A site plan designating the location of summer and winter boat storage shall he submitted for Council a pproval no.later than three months.after adoption or this sertion and shall require Council ipproval for anv fuaire revisions. Subd.-9r 12, Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height. B. The following minimum requirements shall be observed: L - 200 fe.t. 1. Lot Area - 2 acres. 2. Lot Width Parallel to Lake - 200 feet. 3. Lot Width Perpendicular to Lakeshcre 4. Lakeshore Yard - ~5 feet. 5. Side Yard - 10 feet. 6. Front Yard Along Street - 30 feet. Subd. 1^ iL. Setback. Hardcover and T;ee removal Regulations. All prof^rtyjn fhP R-^ l akeshnre Business District is subject to the recuirements of Municipal Zonmg Code Seetjon in <6 Shorehnd Vtanagement. In addition, the following standards shall appl y: shall be 75 feet. A. Lakeshore Setback Regulations. The building setback from the shoreline •J • J -1 V-, nreration or activities except for storage and prope,^ is used for residential purposes. , M .Streets No operation or activities except for storage and .a, de cond^cted"c',rr 'S feet io .He ^wav of an. extst.g street, road or highway. 0. LaHesHore Hardcover shall be no excavating. ‘'“f h'^dcover. Within 250 to 500 feet of the of the shoreline there shall be no wiUtin 500 to 1,000 fee. of the shoreltne shoreline there shall be ~ ' there shall be no greater than ao - hardco . E, Tree Rantov 7, .7^°L°i±r aS M.inicipal 7 ""'"° Section 10..56. Subd. »r 14. Drainage. No '“T.^w'd^polte M'^adjac^^^ ^Site and that results in water "Tht^pTam' iii rim...............- ■■- anniied drainage plans shall be submitted b PP^ hniHinv olans^jhaj^ thrgugiuu6.'iivi»‘°"- and those plans shallC>t, provided in such detail as ‘''’“'7|7iine Commission and Council for approval. Sucn siormwa^ Lmneer before submission to the 7',T. , „aturai water course, ponding area, storm ninoff may be required to be Pr°P» Y n„>s ,o manage drain or other public factli.ies, .£P^77°"J„7 ~iir^^^dn^ting water mnoff 'vhetner onto ...^....waier runoff rpav he require^ 7"LomoUance with the Surface Water Management Plan g;i^7nt property or otherwise, must be m ReMlations_ and shall be consistent cvrirrland Management Rauj3,'it'n^ uio firm’- ^'"her subject to the approval o subd. 1- 11. N°-Contbrmmg use. Noovi^ Chapter, any non-confo^ing W 1. 1975:of S3.000.00 shall be involving a siruccure with an assessor s fair mar orovisions as set forth in Section ia0.y/, allowed to continue as a 77J,o of non-conforming use or boa. e.xcept that the provisions ot this C^P'er relatm, construction, and mamtenance and boat p—" „ A Elimination of Non-Conforming Use of Boat °b^ o’ ^e"Sf; ,:'n^7"doc^b7oXK ^ w“U !1 • authorized by ordinaoces of the Lake Minnetonka Conserv'ation District, shall iirst decrease an equivalent number of boat slips or boat buoys and eliminate an equivalent length of dock from that portion of his dock that is non-conforming under the terms of Ordinanc e-Nch-l Chapter IT of the Lake Minnetonka Conservation District Code of Ordinances, untU the dock conforms in length to the Lake Minnetonka Conservation District s Ordinances. Subd. Variances. Variances may be granted to the provisions of this Chapter in accordance with the provisions set forth in Section 10.08. Subd 14r 17. Variances For Required Landscaping .-\reas. The Council may grant a varianre allowing a four year installation and planting period to meet the requirements of the landscaping and planting provisions hereof, to any applicant who: jY:—Qiherwkjo meets all of the provisions of this Chapter. A Submits a detailed landscape plan showing sufficient planting and landscaping in each of she four years in order to provide at the end of the four years a natural screen that will not be less than 50% opaque during the summer months and not lesj..than -5 ,« opaquejn winter. Gt B. Submits four year planting and landscaping plan which shall provide that in each vear of the plan, at least 25 % of the necessary landscaping and planting (as determined bv the Council as of April !5;-»d-5 October 1. 199a) be plannedT-bonded and completed tor each required landscaping area according to the other provisions or this Chapter. The Council ma; vary this requirement in' order to allow a higher percentage of the landscaping and planting in any- required landscaping area and credit the applicant for the landscaping and plantmg which otherwtse would be required in other landscaping areas. Subd. 18. Regulations Relating :o Location. Const ruction. Instaljauon and Maintenance of Doclcs. Boat .Mooringr\roas and Other Fi.xod or Floating Struccuros and Objects-4>g Rf»aiilatinn of Structures Within the Lake., .Adoption by Reference. The Cii>- hereby adopt s bv reference and makes a part of this Chapter as if fuily set fonh herein, the v'o 1 31 the Lilr^ rr>nr^vnrinn District ac adopt ed-on January-=^ Q; .‘'onendmefH io Ordinance No. 1 as adopted on May 27. 1970 by-±e Lalce Viiiijndmcnt ** tn '^n1innr'-» ^ irf-twiftprod tin Aonl 28. 19/1. by the Laka Minnetonka Co^ml Chapmr 1. of the LMCD c;,d. tV c^irrd on Vlgv esar-f inn^ noi through 2.12 and subsequent amendments^ The City e.xpressly reserves the right t deny any variance to the provisions of Ordinance So. ■? Chapter Ij as amended, even t oug e same variance was granted by the Lake Mmnetonka Conservation District. Subd. iSL Reference to Other Ordinances. Sectionii 10.10 through 10.11 are 10.41 is expressly conditioned upon the effectiveness of the Ordinances of the ‘ ^ Conservation Department pertaining to marina regulations and if all or a portion or such are declared invalid by a court of competent jurisdiction, no marina shall have a longer » ffi/'l if-f of the citizens of Orono so requires. TO;P!annin2 Commission Members FROM: Michael P. Gaffron, Asst. Planning &. Zoning Administrator DATE:May 31, 1994 SUBJECT: Section 10.41, B-2 Lakeshore Business District - Proposed .Amendment List of Exhibits A - Proposed Amendment B - 1993-1994 Documentation Packet Background The Citv of Orono began licensing marinas in 1962. The B-2 Ukeshore Commercial District was created in January 1968, and standards and requirements for the dismct were adopted. A number of revisions to the licensing and B-2 District code “ 1974. The code language currently in effect was adopted as part of the 1975 zoning revisions. Bv 1935 the Citv realized that certain standards and requirements of the B-2 District were not reasonablv enforceable for e.xisting marinas. Use of licensing as a tool to force compliance with the zoning standards was found to be ineffective because, while the City refused to grant licenses 10 certain marinas, it did not take steps to stop them from contmuing to operate. The City then attempted to redesignate marinas as a conditional use rather than a permitted use in the B-2 District. This met with great tesistance from the marinas. After two years cr discussion followed by a three year drought in which lake levels dropped dramatically^ marina activitv was highly reduced, the City Council appomted a Lake Use Committee in IWl for review of lake use issues. Their first task was review of DNR s shoreland requirements, and B-2 District discussions were suspended. During 1992 the Lake Use Conuninee ^ to discuss marina licensing and the B-2 Zoning District. These discussions led to City Councd adopting a new license code in early 1993. and the B-2 Zoning District review was referred to Planning Commission for their consideration. Review Process The anached proposed amendment to the B-2 Ukeshore Business district standards (^E^ibit^ represents the culmination of a nine month effort by the the and update the B-2 Ordinance. After preliminary discussions mcluding ^ City Council in 1993. the Planning Commission held a senes of work sessions du 8 *, through April 1994, to which the public was invited. All property owners of the*B-2 Zoning District were mailed individual notices of the work sessions. ® . of the public attended and offered comments at one or more work sessions, and five of Or r Memo - Section 10.41 May 31, 1994 Page 2 seven marina opera.ions were represemed at one or more meetings, and were given ample Opportunity to provide input. Exhibit B is a compilation of all suff memos and meeting minutes related to the B-2 “"'endment ove^tlle l«t eigS^^^^ months. Included are copies of work session mee.mg not.ces and copy of the mailing list used. ™rice\'l^‘^c%^onhf^^^^^ has*bermTed to all pmpeny owners on the B-2 mailing list. Proposed Revisions Following is a brief review of each of the proposed revisions: * ^“'tls^of Ihe term "Business- rather than -Commercial" District « f®' consiste^y. Thfpurpose statement is broadened and generalized by mmor wording revtstons. Subdmsmn2^n Business" is added to be consistent with the license provisions, of Municipal Code Chapter 5.43. * mquLment that each marina business within the B-2 ^ore Business District obtain an annual license again is consistent with the provts.ons of Chapter a .43. Sub^jsm^d^^ code language requires aU building ^ C—lTstrifafroSn^^^^ provides a code basis for the existence of a I..ake Use Committee. * TOf/ectfon reorganizes the "permitted uses" within the B-2 District. "Storage of boats" '-ter.^rare?br;ip^ i= the primary activity of six of Omno_^seven .^^n‘’fS ^ si^n (sSr^vi^ns^Tls ml X w^^d^ r°o"mdern llrol"w “sh> rental to become a permined use. I Memo - Section 10.41 May 31. 1994 Page 3 • Subdivision 6 This section adds a long list of allowable "accessory uses”. The B-2 Zone is the only commercial or residential zone in Orono with no code allowance for accessory uses. The planning Commission reviewed each proposed accessory use in the context that it must be subsidiary to a pemucted use. No accessory use can exist unless a permitted use exists on the property. One of the Planning Commission ’s primary concerns was that reasonable accessory uses be allowed, and per the format of Orono ’s zoning code, uses not listed are not allowed This resulted in a fairly long list of accessory uses which are relatively specific in scope. It also resulted in careful review of those uses which should be ondition al rather than accessory'. • Subdivision 7 . ^ . u- This section adds a list of conditional uses, including boat clubs, on-demand launching. transient launching, chaner boat port-of-call. lake/lake structure maintenance base, and snowmobile sales/service. Planning Commission found that each of these uses may be a legitimate and reasonable activitv at a marina within the B-2 Zone under certain circumstances, the common concern being adequate parking on the site. Note that all listed conditional uses are proposed to be allowed only for marinas that are in compliance with the landscaping and screening requirements. ......................... Boat clubs were recognized as an alternative to individual boat ownership, that woula expand the usage of a given boat with potential for increasing the percentage of boats in use at the peak times. A limit on the percentage of boats at a given marina allowed for boat club use was considered but not recommended. - On-demand launching of customer owned boats stored on the business site requires not only customer parking but boat/trailer storage space. It is perhaps unpredictable whether LMCD will require licensing of non-rack storage space for such use. although LMCD does currently license rack spaces for on-demand launching. Again, absent an intent by the City to fiinher regulate numbers of boats on the lake, site congestion and provision of adequate parking are the main concerns. u n ■> Public transient boat launchin2 via a ramp has historically been addressed in the B-- parking requirements (Subd. 8) but was never listed as a permitted or conditional use. Adequate parking is the main concern, and Planning Commission suggests that Counc be able to control the hours of operation. . Use of a site for a charter boat port-of-cail relies on adequate parking primarily, but may also have negative impacts on neighboring property owners* The proposed wor mg allows the Cit\’ to place appropriate conditions on this use to protect the public interest. - Planning Commission acknowledged that a lake/lake strucmre maintenance operations base mav be a "necessary evil", providing a location for the less attractive but necessary lake maintenance activities to occur. The wording allows Council to limit sue operaiiom: at Council ’s discretion. u v,- r f - Allowing snowmobile sales and service as a conditional use was e su jec o considerable discussion by the Planning Commission and some marina operators. Memo - Section 10.41 Mav 31, 1994 Page 4 r •,.J=’.SSS SSss“ sr a STS sssii o... .r■ uses. Sale of prepackaged food becomes an accessory use. :rgcnera«y« l!3rpTrrr„fr:s marinas some perkfnTbe “designated in addition to required parking. Employe pa^Stg offtUe and empV« ™ing on private property have been a concern at at least one marina site. . Sub^visiM 9^^ clarification that storage of boats, vehicles, equipment ^ •. nm allowed in any required yard. Most of the marinas have existing pavement encroach g lor Tore of me r rS vards. Enforcement of this section may have a serious impact on sole rnlmas. and a pi for enforcement needs to be developed for those properties which have not been formally approved tor "required yard variances. SubtoisiOT requirement for a physical barrier to encroach ^ which vl hi eliminate encroachments of vehicle parking, etc. truo those ’ “sis; ass: r.‘,2Sf:,;^.row tend pumpout faculties but a designated pori-a-pony dump ^ _ - Item D recognizes the need for noise limitation, which is regulated m the zoiung ch p - Item G is revised to require that dumpsters be screened. Memo - Section 10.41 Mav 31, 1994 Page 5 - Item H is a notation that styrofoam dock flotation has been prohibited. - Item I separates gasoline storage language from dry stack requirements. - Item K is intended to set reasonable limits on summer and winter on-land boat density, by requiring development of a site plan for boat storage while maintaining appropriate ingress egress emergency access to this site while maintaining adequate parking. Inherent in the proposed wording is that the marina operator will deal with an envelope rather than a specific number of allowed boats, since regulating boats by number rather than location has generally not been effective in the past. • Subdivision 12 ... ^ ^ „ There are no proposed changes in area, height, lot width and yard requirements, smee Planning Commission chose to not reduce the standards for existing marinas. After muc i discussion. Planning Commission concluded that the variance method for manna upgrades has been an effective control and that reducing standards to those which most existmg marmas could meet or approach, would probably not provide a significant incentive for them to anempt upgrades, since the variance process would likely still be needed under a relaxed set of standards. • Subdivision 13 . This section merely adds references to the Shoreland Management code requirements. • Subdivision 14 This section adds language requiring site and drainage plans upon any application (subdivision/variance/CUP/building permit) and gives the City authority to require construction of storm water control facilities. It adds shoreland management and flood plain management regulations to those codes with which changes in grade must be in compliance. • Subdivision 15 . This section updates the reference to LMCD Ordinances regarding regulation ot structures in the lake. The current B-2 Code references LMCD Ordinance No. 1 which has been superseded by Chapter II of the LMCD code. Planning Commission noted that without reference to LMCD's code, the City would have no ordinance regulating docks. In this section, the current code allows by variance a four year installation and planting period for required landscaping. Starting in 1975. such variance was allowed “y that agreed to a four year plan and -otherwise met all of the provisions of this chapter . Smee none of the existing marinas have ever met all of the provisions of this chaplet, that tequ is proposed to be dropped. The detaUed landscape plan required is proposed to P™''^°”® winier screening which was not in the code previously, and sets a new imtiation date o I, 1994. Also, the bonding requirement for landscaping plans at the marinas is elusima Memo - Section 10.41 May 31, 1994 Page 6 The City experienced mixed success with landscaping upgrades by marinas using this code section in the past. Planning Commission recognizes that marinas have had linle incentive to upgrade their landscaping, and has indicated that incentives should be given further consideration. Tying CUP approval to landscaping compliance may act as an incentive in some cases. • Subdivision 18 As noted in the Subdivision 15 comments, LMCD codes have been amended many times since the 1970 and 1971 ordinances referred to the B-2 Code. This section is intended to update the reference to the LMCD codes. • Subdivision 19 This is a minor revision to omit references to the B-1 through B-5 zoning districts, and replaces that reference with Section 10.41, the B-2 district, which is the only commerciM zone dealing with marinas. Staff Recommendation Planning Commission is requested to review the draft amendment, except public comments at the June ’ 6ih public hearing, and make a recommendation to Council regarding adoption of the proposed amendment. pr>pHAM HATf MFMORANDUM 3300 Piper JaOcay Tower 222 Soutb Niotb Street Minoeapolit. Miooesou 55^2 (612) 333-«00 TO: DATE: Mike Gaffron City of Orono Kevin Staunton Proposed Amendments to Zoning Code Section 10.41 B-2 Lakeshore Business District Standards - Enforceability Questions July 22. 1994 \l i Anacbed please find a revised version of my July 7 1994 regarding die aboVreferenced manet. I have sUghdy revised my desrapnon of ^ ^ SSrfvailable to die City in bringing non-conforming uses into conformity with new regulations in an effort to make it less confusing. Please feel free to contact me if you have any questions. TJBarrett 219/22031W2 7/22/94 JUL a 5 1994 CITY OF ORONO .-jr. •> ■='v : POPHAM HATK MFMORANDUM 3300 Piper Jaffiay Tower 222 South Nimb Street Minneapolis. Miaoesoia 35402 (612) 333-4800 m % # TO: Mike Gaffron City of Orono Kevin Staunton Ujgj Proposed Aniendnients to Zoning Code Section 10.41 B-2 Lakeshore Business District Standards - Enforceability (Questions DATE: July 17, 1994 (Revised July 22. 1994) I am writing in response to your memo to Tom Barrett regarding the above-referenced matter. Your memo expresses concern regarding the enforceability of the proposed amendments to section 10.41. You have sought our advice about how to best accomplish the substanUve goals in the proposed amendments given the fact tlmt many existmg mannas in the City of Orono conduct business activities or use their land in ways contrary to the proposed amendments. This memo is designed to respond to your enforcement inquines and address an issue regarding what is the most appropriate regulatory vehicle for each of the changes proposed. L ENFORCEABILITY The first issue raised by your memo is the City’s ability to enforce any o. the changes being contemplated. SpecificaUy. you are concerned about the ability to enforce some of these amendments against marinas that have been operating for years (or even decades) m a manner that would be contrary to the new amendments. As a general matter, the City is free to enforce the new amendments even on marinas that have been Gegally) operating for a long time in a manner that would be contrary to the new amendments. The real issue is how the Ciiy may treat preexisting nonconforming uses that were lawful prior to adoption of ihe amendments. Preexisting non-conforming uses that were lawful prior to the adoption of land use regulations rendering them unlawful may be treated in one of three ways. First, the use may be allowed to remain or continue. Under this option, the property owner is allowed to continue the nonconforming use of the property indefinitely so long as the use is not changed, expanded, or intensified. The theory behind this option is that nonconforming wiu gradually be eliminated through normal wear and tear, obsolescence, or destruction by tire. li9/220Sim7/22M r f * i the elements, or natural disaster.* Second, the use may be eliminated by requiring lawfully pre-existing nonconforming uses to immediately come into compliance with the new regulations. Whether that requirement results in a "taking" will depend on the particular circumstances. Third, nonconforming uses may be eliminated over a period of time through amortization. This mechanism requires a nonconforming use to terminate after a prescribed period of time elapses. The prescribed period of time under such a mechanism must be sufficient to allow the property owner to recoup his or her investment in the nonconforming use. As mentioned above, the City may force a particular property owner with a preexisting lawful use of his or her property to comply with the new regulations. The question then becomes whether that property owner can come into compliance and still be able to use the property in the way it was being used prior to the City’s adoption of the amendments. For instance, an existing marina may have so little remaining open space that it is impoMible to fit the required number of parking spaces on the open space on the property. Requiring strict compliance with the requirements of the new provisions of the code would make the marina ineligible for a conditional use permit, thereby forcing the property owner out of business and probably triggering a "taking" claim. Conversely, an existing marina may have sufficient space for the parking stalls required by the new regulations. Under such circumstances, the marina would be able to comply with the new regulations and obtain a conditional use permit An argument that the property had been “taken" would be considerably less persuasive under such circumstances. Because the consequences of bringing preexisting nonconforming marina uses into compliance are so dependent on the circumstances of the particular marina, we recommend an approach that reserves for the City the flexibility to deal with these nonconforming uses on a case-by-case basis. The simplest way for the City to enhance its nexibility is to aUow variances to the conditional use permit scheme created by the zoning code aniendments. By allowing variances to the conditional use permit requirements in cases where imposition of those requirements would visit a particularly harsh hardship upon the applicant, the City can avoid "taking" the property. In each case, the City can decide which of the three approaches outlined above is the most effective way to ultimately eliminate nonconforming uses. This will allow the City to aggressively enforce the zoning amendments in circumstances where little, if any, hardship will be suffered while also avoiding unnecessary takings claims by granting variances for those marinas that need them to stay in business. •As you know. Orono’s code has provis ; relating to the circumstances under which a property owner may and continue a onconforraing use after destruction by fire, the elements, or natural disaster. 2l9/220iU137/22;94 r f i appropriate regulatory vehicle The Usoe that comes to mind as I review the proposed amendments is whether the zonina code is the appropriate vehicle for aU of the regulatoiy goals you seek to tolemeti GeneraUy, Z City’s zoning code is the appropriate velMle for reg^ting land ttM wiU not change from day to day. For instance, the type of busing to b* ■he size and location of buildings and other structures, the percentage of the lot which ">ay te nceunied and the size of yards and other open spaces are regulatory goals which can only be ^S^d toough a JIning ordinance. SS£ Minn. Stab S 462.357 (1994). One of the accompiiwu g -,,jatine ihfs» tyres of land uses is the condiuonal use permu. &e Minn *Stat §462.3595. Conditional use permits allow a City to designate certain types of ifTd*u^within*a parUcular zoning disoict based upon the appUcanfs satisfacnon of certain standards and criteria articuiated by ordinance. Ji regula^ through a Ucensing scheme pursuant to the City s poUce powers. In the oroDOsed amendments to Section 10.41. most of the regulations are • f-ivr the zonin® code in that they deal with the physical charactensucs of the thereon. Amendments addre^mg LmOT to not need, however, to be included in the zoning code "th^Sb there licensing orovisions.) CONCLUSION I hope this infonnauon is helpfui. I wouid be happy “ visit with the Planning Commission as it considers tb-se amendments. Please let me know how you would like lo proceed. cc; Thomas J. Barren 219/22031413 7/22«4 Bonestroo Rosene Anderlfk & Associates Engineers & Architects December 5, 1994 » 4-—.::v^ ‘‘.Tv'r Cr? G * jr'e-”Vc-Je P ia,. ‘£*.G « G .'.a V • f 5cC?*T .V 9ase ’'^ *A Gc'Ccr^V • A 1C P V n 3 .^rvr^ P£ P'.Ce-r P P£A pf . z 2-jve p£ •<^arJ 'A -^6 Vc**jr C ,f'X* Pf •JT" . 5C Djvxj O PE P Va.arv3 P£r «• v:c*t; ’E P Coc*3cc^ C 5 ^ ! 4 D P£P MCC p£ £ '.on * POunJcr* PE xor! j P£Dou<:’JS . 3e^-t p£ G Vta'* A —^C^rr*** p Ar>;:eric^r G-«a*vcr* p? V cr-' C PA V<r'je ’ P^utrrjrr p£9 5c ^ PE ■C<r c Z \ ^ •’E •V'cr C-''!wta''r f*?Vaft A >c ?£ V . Fa* G ‘"•‘-r' p£ p * *3ar. A *.*C • P'' £i V:-ce* P£ Dcr*aO C 3-.r;:arat Pi A ^ A :v^»0 Pf .1 -•c \*^r r-m* PC % City of Orono P.O. Box 66 Orono, MN 55323 DEC 7 1994 Attention: John Gerhardson # Re; Request for Payment Stubbs Bay Sanitary Sewer Improvements File 13937 Dear John; Enclosed are three copies of the 9th and final request for payment for the above referenced project. The project underran the revised contract amount by $78,141 .o6 or 5.1%. The project has been satisfactorily completed and we recommend final payment. Also enclosed are the completed IC-134 forms for the project. If you have any questions please contact me. Sincerely yours. BONESTROO. ROSENE. ANDERLIK & ASSOCIATES, INC yh ':U/. // ^ •' Harlan M. Olson HMOlk Enclosures 233S West Highway 36 • St. Paul, MN 55113 • 612-636-46( i i 1 Owner City of Orono. 1335 Brown Road. Crystal Bay. MN 55232 Date September 1. 1994 nSSha 1\]1 Atiocimt For Period December 7. 1993 to September 1, 1994 Request No. 9 & final Contractor Progressive Contractors. Inc., 8736 Zachary Lane. Ossco. MN 55369 REQUEST FOR PAYMENT Stubbs Bay Sanitary Sewer Improvements File No. 13937 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order • Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned S $ 43.991.60 8 Less Retainage 9 Sub-Total 10 Less Amount Paid Previously 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO.9 & final Recommended for i^proval by; BONESTR0&. ROSENE. ANDERUK & ASSOCUTES. INC Approved Contractor: PROGRESSIVE CONTRACTORS, INC. Approved by Owner: CITY OF ORONO, MN Specified Contract Completion Date: October 15. 1992; July 31. 1993 Date:. l393rRFP 1.480331.95 $1324323.55 $1.446.181.89 $0.00 S 1.446,181.89 $0.00 $1,446,181.89 $1388,669.69 $57,512.20 r Uoil CoBiract OuBBtity fail Pricr Quantity To Date Anouiit To Dale BASE BID • Stubhs Bav North^xst> Stubbs Bay Northeast and Bavsidc East Part A • Sanitary S«wer 1 8* PVC. SDR 35. 0'*8' deep in place 2 IT PVC. SDR 35. 8'-IO' deep in place 3 8’ PVC. SDR 35. 10‘-!2* deep in place 4 8’ PVC. SDR 35.12*14* deep in place 5 8* PVC. SDR 35. 14*-16* deep in place 6 8” PVC. SDR 26. 8*-10* deep in place 7 8" PVC. SDR 26. 10*-12* deep in place 8 8" PVC. SDR 26.12*-14* deep in place 9 8* PVC. SDR 26. 14*-I6* deep in place 10 8" PVC. SDR 26. 16’-18* deep in place 11 8* PVC. SDR 26. 18*-20* deep in place 12 8" PVC. SDR 26. 20 -22* deep in pUce 13 8* DIP. 8*-10* deep in place 14 8" DIP. 10**12* deep in place 15 8'DIP. 12*-14* deep in place 16 10* PVC. SDR 35.0*-8* deep in place 17 10* PVC. SDR 35. 8*-10* deep in place 18 10* PVC. SDR 35. 10’-12* deep in place 19 10* PVC. SDR 35. 12*14* deep in place 20 10" PVC. SDR 35. 14*-16* deep in place 21 10* PVC. SDR 26. 12 -14* deep in place 22 10* PVC. SDR 26. I4*-I6* deep in place 23 10* PVC. SDR 26. 16*-18* deep in place 24 10* PVC. SDR 26. 18 -20* deep in place 25 10* DIP. 14*-I6* deep in place 26 Std. MH 8* dp.. 4’ dia.. w/R1642B cstg. 27 MH depth greater than 8’ deep 28 8” DIP. ouuide drop 29 6* PVC. SDR 21. force main 30 Jack or auger 6* PVC. SDR 21 force main 31 4* PVC. SDR 21. force main 32 Air release manhole 33 Rock siabilizalioo LF LF LF LF LF LF LF IJ^ LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF EA LF LF I-F LF IJ- EA TN 615 1.775 1.175 215 230 55 125 355 300 310 315 115 120 30 35 425 130 105 340 135 245 440 405 40 30 36 140 25 900 60 2.800 I 500 14.00 14.00 15.00 16.00 17.50 15.00 16.00 17.00 18.50 20.00 23.00 27.00 2100 23.00 24.00 15.50 15.50 16.50 18.00 19.50 19.00 20.50 23.00 2:* 00 31.50 1J50.00 90.00 250.00 11.00 130.00 10.00 2.000.00 11.10 755 1.806 1.014 180 347 118 182 734 122 250 169 162 20.5 415 25 171 277 49 421 453 300 35 30 36 152.2 19.2 933 105 2.675 I 331.12 10.570.00 25.284.00 15.210.00 2.880.00 6.072.50 1.888.00 3.094.00 13.579.00 2.440.00 5.750.00 42563.00 3.726.00 492.00 6.432.50 3872>0 2.821.50 4.986.00 955.50 7.999.00 9.286.50 6.900.00 945.00 945.00 48.600.00 13.698.00 4.800.00 10.263.00 13.650.00 26.750.00 2.000.00 3.675.43 13937.RFP RP-1 ft Item 34 Conoccl 6’ PVC into cxistiag manhole 35 8"x4" PVC scn'ice wye branch 36 4* PVC service pipe in place 37 4* PVC service riser pipe in place 38 Improved pipe Ida. in 6* increment depth 39 Mechanical trench compaction 40 Detour per detail 41 Insulation 42 Sanitary sewer television inspectbn 43 Access manhole (Addendum 2) Total Part A • Sanitary Sewer Uak Contfucl QuuiliCy Unit PHcv Quantity To Data EA EA LF LF LF LF LS SY LF EA 1 85 2.100 100 24.000 14.875 I 300 8.075 1 400.00 60.00 11.50 11.50 1.40 1.00 6,000.00 20.00 0.60 1.500.00 I 84 1.950 78 20.115 13.593.5 1 75.5 7.985 I .\mauirt To Dal* 400.00 5.040.00 22.425.00 897.00 28.161.00 I3J93.50 6.000.00 1.510.00 4.791.00 I son no S344.960.93 44 Bituminous surfacing removal SY 11.000 1.75 10.493 18J6175 45 Common excavation CY 6.000 3.70 6.609 24.453.30 46 CL 5 aggregate base (100% crushed)TN 7.800 8.50 8.875.62 75.44177 47 CL 2. aggregate shouldering TN 400 12.50 806.11 10.076.38 48 Type 31 bituminous base coune TN 1.400 14.50 2J21.97 33.668.57 49 Type 41 bituminous binder course TN 450 15.00 588.25 8.823.75 SO Type 41 bituminous wearing course TN 1.000 16.00 1.221.38 19.54108 51 AC* 1 bituminous material for mix TN 167 120.00 2I7J2 26.10140 52 Bituminous material for tack coat GL 1.200 IJO 600 780.00 53 Bituminous material for seal coal GL 1.400 3.00 1.800 5.400.00 54 FA*3 seal coat aggregate (G. A) in pi.TN 70 50.00 90 4i00.00 55 Bituminous material for patching SY 1.000 2100 792.44 17.433.68 56 12* RCP. Class 3 in place LF 150 17.50 518 9.065.00 57 18* RCP. Class 3 in place LF 75 20.50 58 24* RCP. Class 3 in place LF 50 25.90 59 36* RCP. Class 3 in place LP 40 48.45 60 12* RCP flared end in place EA 10 365.00 61 18* RCP flared end in place EA 4 410.00 62 24* RCP flared end w/trash guard in pi.EA 2 1.005.00 63 36* RCP flared end w/trash guard in pi.EA 2 1.660.00 64 Mechanical tre .cb compaction LF 315 1.00 65 Impr. pipe fdn. in 6* increment depth LF 300 2.00 66 Remove existing CMP culvert LF 315 3.00 260 780.00 37.RFP RP2 J r Nifc II«B 67 Filler blanket in place 68 Riprap. CL 111 in place 69 Tree removal 70 Sod with 4" topsoil 71 Seed w/topsoil. mulch & ferlilizcr 72 Erosion control fence 73 Wood fiber blanket 74 Furnish and plant Evergreen tree (Hlue Spruce) 6' high 75 Furnish and plant shade tree (Sugar Maple) 4' diameter 76 Remove & repl. wood or chain link fence 77 Remove & transplant bushes 78 Remove & transplant tree - Desiduous 79 Remove & transplant tree - Coniferous 80 Gcotcxtilc fabric (Addendum 2) Total Part 11 • Restoration Part C - lift Station #1 • West l^ke St. 81 Lift Station No. 1 Total Part C - Lift Sta. #1 - W Lake St. Part D - Lift Station #2 ■ Tonka Avenue 82 Lift Station No. 2 Total Part D - IJft Sta. # 2 - Tonka Av Unit CwDlnivt Quanlily Unit |•riCT Ouanliiv To Dale .Vmount To Date SY 200 -.50 SY 200 45.00 EA 175 115.00 151 18.875.00 SY 14.000 2.00 8.596 17.19100 AC 4 800.00 1.5 I.’OC.'JO LF 4i00 2.00 1.990 3.980.00 SY L500 l.IO IJOO 1.430.00 FA 6 3.50.00 EA 6 350.00 LF 600 10.00 EA 12 50.00 EA 12 100.00 EA 12 100.00 SY 15.000 1..50 15.915 23 .S77 50 $320,980.17 LS 1 60.400.00 lOOVc 60.400.00 $60,400.00 LS 1 50.350.00 lOOCr ___50J50.00. S50J50.00 Total Part A - Sanitary Seuer Total Part B • Restoration Total Part C - LS. #1 - West Ukc St. Total Part D - LS. #2 ■ Tonka Avenue TOTAl. BASE BID 344.960.93 320.980.17 60.400.00 __50J50.00_ $776,691.10 ALTCRNATE NO. I • BEDERWOOD Part A • Sanitary Sewer 83 8' PVC. SDR 35.0' 8* deep in place 84 8" PVC. SDR 35. 8*-10* deep m place LF LF 615 40.S 13.00 13.00 237 476 3.081.00 6.188.00 i3937.RFP RP-3 Anouiil To Dot* 1.875.00 M9100 .’OC.OO .980.00 .430.00 -872.50 .980.17 .400.00 .400.00 35QJM)_ 3.50.00 960.93 980.17 400.00 35000 691.10 381.00 188.00 CoDiract Unit Quantity Amount Unh Quantity To Date To Date 85 8" PVC. SDR 35. 10'-12* deep in place LF 170 14.00 556 7.784.00 86 8" PVC. SDR 35. ir-14 ’ deep in place LF 25 15.50 51 "9030 87 8* PVC. SDR 35. 14*-16 ’ deep in place IF 20 17.00 119 2.023.00 88 8" PVC. SDR 26. 0 ’-8 ’ deep in place l-F 25 14.00 89 8" PVC. SDR 26. 8 ‘-10 ’ deep in place LF 50 14.00 90 8" PVC. SDR 26. 10 ’-12’ deep in place LF 30 14.00 91 8" PVC. SDR 26. 12'-14 ’ deep in place LF 25 15.00 92 8" PVC. SDR 26. 14 ’-16’ deep in place LF 165 16.50 149 2.458.50 93 8" PVC. SDR 26. 16’18 ’ deep in place LF 225 18.00 193 3.474.00 94 8" PVC. SDR 26. l8 ’-20 ’ deep in place LF 30 22.00 55 1.210.00 95 8" PVC. SDR 26. 20 ’-22’ deep »n place LF 50 26.00 35 910.00 96 8" DIP. 8'10* deep in place LF 20 20.00 20 400.00 97 8" DIP. 10M2' deep in place LF 20 20.00 98 Std. MH 8 ’ dp.. 4 ’ dia.. w/R1642B csig.EA 10 1350.00 13 17.550.00 99 Manhole depth greater than 8' deep LF 28 90.00 47.6 4384.00 100 4" PVC. SDR 21. force main LF 70 15.00 60 900.00 101 8" X 4" PVC service wye branch EA 13 60.00 10 600.00 102 4" PVC service pipe in place LF 460 15.00 330 4.950.00 103 4 ” PVC service riser pipe in place U-40 15.00 20 300.00 104 Mechanical trench compaction LF 2.415 1.00 2.481 2.481.00 105 Improved pipe fdn. in 6" increment depth LF 4.000 1.50 1.853 2.779.50 106 Rock stabilization TN 100 11.00 66.93 736.23 107 Sanitary sewer television inspection LF 1.8S8 0.65 1.742 „U32Ja Total Part A ■ Sanitary Sewer S64.032.03 Part B - Restoration 108 Bituminous removal SY 1.100 2.00 9.50 1.900.00 109 Common excavation CY 500 5.70 400 2380.00 110 Class 5 aggregate base (lOOr?' crushed)TN 700 9.00 700 6300.00 111 Type 31 bitummous base course TN 200 19.00 73.29 139231 112 Type 41 bituminous binder course IN 10 23.00 10 230.00 113 Type 41 bituminous wearing course TN 150 20.00 150 3.000.00 114 AC-1 bituminous material for mix IN 19 120.00 12.94 1352.80 115 Bituminous material for tack GL 250 130 lOO 150.00 116 Trcerr noval EA 50 125.00 50 6350.00 117 Bituminous material for patching SY 500 22.00 464.82 10.226.04 13937.RFP KP-4 Cent met Unit QuanliU AMfuiaiki llftt Unit Quanlily Pric*To Dat*To Dal* 118 Sod with 4" topsoil SY 3.500 2.00 2.419 4.838.00 119 Seed w/topsoil. mulch & fertilizer AC 1.0 800.00 0.42 .336.00 120 Gcolcxtile fabric (Addendum 2)SY 1.100 1.50 1.100 ........JJ15Q.0Q... Total Part B • Rcstoraliou S40.105.35 Part C • Lift Station #3 121 Lift Station No. 3 I.S 1 40.450.00 loorj._______4(L450iML_ Total Part C • Lift Sta. #3 S40.450.00 Total Part A • Sanitary Sewer 64.03103 Total Part R • Restoration 40.105.35 di Total Part C - Lift Sta. 3 • Bederwood .40450.00- TOTAL ALTERNATE NO. 1 • BEDERWOOD $144,587.38 ALTERNATE NO. 2 - BAYSIDE NORTH Part A • Sanitary Sewer 122 8" PVC SDR 35.0’-8* deep in place LF 140 13.00 400 5.200.00 123 8" PVC. SDR 35. 8’-10* deep in place l-F 215 13.00 51 663.00 124 8" PVC. SDR 35. 10*-12’ deep in place U'85 14.00 80 1.120.00 125 8" PVC. SDR 35. 12’-14* deep in place LF 225 15.50 225 3.487.50 126 Std. MH 8’ dp.. 4’ dia,. w/R1642Bcstg.EA 3 1.350.00 7 9.450.00 127 Manhole depth greater than 8* deep LF 6 90.00 3 270.00 128 8" DIP. outside drop LF 6.5 250.00 4.1 1.015.00 129 8" X 4" PVC service wye branch EA 6 60.00 180.00 130 4" PVC service pipe in place LF 105 15.00 30 450.00 131 4” PVC service riser pipe in place 10 15.00 132 Improved pipe fdn. in 6** increment depth LF 500 2.00 400 800.00 133 Mechanical trench compaction LF 810 1.00 756 756.00 134 Sanitary sewer television inspection (Addendum 2)LI-675 0.65 756 . ___ 491JQ- Total Fart A - Sanitary Sewer S23.892.90 Part B - Restoration 135 Tree removal F.A 50 125.00 25 3.125.00 136 Sod with 4" topsoil SY 2.000 2.00 269 538.00 Contract Unit Quantity Aatomni k Iten Unit Quantity Price To Date To Data 137 Seed with lofisoil. mulch & ferlili7.er AC 0.5 800.00 0.46 26&SX1 Total Part B • Restoration S4.03I.00 Totol Part A • Sanitary Sewer 23.89190 Total Part B - Restoration —4 o:ti no TOTAL ALTERNATE NO. 2 ■ BAYSIDE NORTH S27.923.90 ALTERNATE NO. 3 - CYGNET PLACE Part A • Sanitarv Sewer 138 8" PVC SDR 35.0'-8’ deep in place LF 400 12.00 238 2.856.00 139 8" PVC. SDR 35. 8’-10' deep in place LF 225 A 12.00 295 3.540.00 140 8" PVC. SDR 35. 10*-12’ deep in place LF 335 13.00 116 1.508.00 141 8" PVC. SDR 35. 12’-14’ deep in place LF 235 14.00 15 210.00 142 8" PVC. SDR 35.14’-16* deep in place LF 50 15.50 10 155.00 143 8" PVC. SDR 26. 0 -8* deep in place LF 25 13.00 37 481.00 144 8* PVC. SDR 26. 8'-10’ deep in place LF 65 13.00 139 1.807.00 145 8" PVC. SDR 26. 10’-12’ deep in place LF 75 14.00 206 2.884.00 146 8" PVC. SDR 26. 12’-14' deep in place LF 280 15.00 612 9.180.00 147 8" PVC. SDR 26. 14’-16’ deep in place LF 735 16.50 744 11276.00 148 8* PVC. SDR 26. 16’-18’ deep in place LF 885 18.00 916 16.488.00 149 8" PVC. SDR 26. 18’-20’ deep in place LF 440 20.00 430 8.600.00 150 8" PVC. SDR 26. 20’-22’ deep in place LF 120 23.00 135 3.105.00 151 8* PVC. SDR 26. 22’-24’ deep in pUcc LF 135 26.00 125 3150.00 152 8* PVC. SDR 26. 24’-26’ deep in place 1.F 145 29.00 155 4.495.00 153 8" PVC. SDR 26. 26’-28’ deep in place IJ-175 32.00 185 5.920.00 154 8" PVC. SDR 26. 28’-30’ deep in place IF 170 38.00 95 3.610.00 155 Std. MH 8’ dp.. 4' dia.. wAR1642B cstg.EA 18 1J50.00 18 24JOO.OO 156 Manhole depth greater than 8’ deep LF 138 90.00 136.5 11285.00 157 8" DIP. outside drop 5.2 250.00 3.6 900.00 158 8" X 4" PVC service wye branch EA 34 60.00 34 2.040.00 159 4" PVC service pipe in place IJ 1.050 12.00 1.020 11240.00 160 4" P\'C service riser pipe in place IJ^l.SO 1100 109 1J08.00 161 Improved pipe fdn. 6" increment depth u-7J500 1.75 6.680 11.690.00 162 Mechanical trench compaction 5J>45 1.00 5.473 5.473.00 163 Sanitary sewer television inspection u-4.495 0.65 4.453 »Oi .45 164 Remove existing bituminous SY 10.8CO 1.80 10.286 18.514.80 165 Cotnmob excavation CY 4Ji{)0 4.40 4.613 20.297.20 166 Class 5 aggregate base (100% crushed)TN 6.000 8.50 6.000 51.000.00 167 Type 31 bituminous base course TN 1.500 14.50 U75.98 19.951.71 168 Tvpe 41 bituminous wearing course TN 1.200 15.50 UW 18.600.00 169 AO I bituminous material for mix 179 160 120.00 138.4 16.608.00 170 Bituminous material for lack coal GL 750 1.50 350 525.00 171 Bituminous material for patching SY 300 22.00 283.06 6.227.32 172 12" RCP. Class 5 in place LF 300 17.50 175 3.062.50 P3 15" RCP. Class 4 in place LF 30 19.00 30 570.00 174 18" RCP. Class 4 in place LF 75 21.00 175 33* RCP. Class 3 in place LF too 33.00 /U 2 J 10.00 176 48" kCP. Class 3 in place LF 80 81.00 80 6.480.00 177 12" RCP flared end in place FA 12 365.00 178 15" RCP flared end in place EA 2 390.00 179 18" RCP Hared end in place FA 4 410.00 180 33" RCP Hared end w< trash guard in pi.EA 2.500.00 2 5.000.00 181 48** RCP flared end w/trash guard in pi.EA 2.665.00 5J30.00 182 Mechanical trench compaction LF 495 LOO 150 150.00 183 Inipr. pipe fdn. in 6** increment depth LF 400 2.00 150 300.00 184 Remove existing CMP cuKeii LF 495 3.00 250 750.00 185 Filter blanket in place SY 25 2.50 186 Riprap in place CY 50 50.00 187 Tree removal EA 15 125.00 13 1.625.00 188 Sod with 4** topsoil SY 7JiOO 2.00 5.975 11.950.00 189 Seed with topsoil* mulch & fertilizer AC 2.0 800.00 1.1 880.00 190 Cicolcxttle fabric (Addendum 2)SY 5.500 1.50 5i00 8 ’sonn No.Ilea Unit Contract ijuanlily Unit l*ricr Quantity To Date Amount To Data ALTHRNA n- NO. 5 - OXF-ORP ROAD Part A - Sanilarv Sewer 191 8" PVC. SDR 35. I0‘-12' deep in place I.F 675 13.00 398 5.174.00 192 8" PVC. SDR 35. ir U' deep in place LF 400 14.53 370 5J6.5.00 193 8" PVC. SCR 35. 14’-16’ deep in place Ur 150 17.00 300 5.100.00 194 8" PVC. SDR 35. 16*-18’ deep in place LF 200 20.00 50 1.000.00 195 Sid. Mil 8' dp.. 4' dix. w/RI6t2B cstg.5 1.350.00 5 6,750.00 196 MH depth greater than 8’ deep LF 28 90.00 212 1.998.00 197 8"x4" PVC service wye branch LA 12 60.00 13 780.00 198 4" PVC service pipe in place LF 500 1100 390 4.680.00 199 4" PVC service riser pipe in place LF 40 1100 25 300.00 200 Improved pipe fdn. iu 6" increment depth LF 2.000 2.00 1.118 2,236.00 201 Mechanical trench compaction LF 1.925 1.00 1.508 1,508.00 202 Sanitary sewer television inspeclio'i LF 1.415 0.65 I.II8 776 70 Total Part A - Sanitary Sewer $35,617.70 Part B • Restoration 203 Bituminous .surfacing removal SY 4.100 2.00 3.960 7.920.00 204 CoDimoD excavation CY I.6(X;4.60 1.787 8,220.20 205 CL 5 aggregate base (100^ crushed)IN 8.50 2J50 19.125.00 206 Type 31 bituminous base course TN 400 16.00 36111 5.793.76 207 Type 41 bituminous weanng course TN 300 18.00 300 5.400.00 208 AC-l bituminous material for nm TN 42 120.00 35.51 4JZ61.20 209 Bituminous material for lack coat OL 235 1.50 200 300.00 210 Bitunimous material for patching SY lf>()2100 144.23 3.ITJ.06 211 Tree removal LA 3 125.00 212 Sod with 4 " topsoil SY 4.000 2.00 3.650 7J00.00 213 Seed w^topsoil, mulch &, fertilizer AC 0.5 800.00 214 Erosion control fence LF 200 2.00 215 Geotextile fabric (Addendum 2;SY 2.500 1.50 2J00 _______3J50JML_ Total Part B • Restoration 565 ^43.22 Total Part A - Sanitary Sewer T-'Ul Part B • Restoration 1 OTAL ALltRNATE NO. 5 - OXI ORD ROAJ» 35.617.70 _6S>243.22 S 100.860.92 13937.RFP RP 8 Uotl Contrmct QuaoUty Unit Prk^ Quaotif> To Dole To Dale Change Order No. I 216 Modify Lift Station No. 3 Total Change Order No. I Change Order No. 2 217 Jack 4" services ur dcr CSAH #84 218 Granular borrow 219 4” Striping, white paint Total Change Order No. 2 Total Base Bid Total Alternate No. 1 • Bederwood Total Alternate No. 2 • Bayside North Total Alternate No. 3 - Cygnet Place Total Alternate No. 5 • Oxford Road Total Change Order No. I Total Change Order No. 2 TOTAL WORK COMPLIHTD TO OATH \S 9J90.00 ..yLiaQ-oa. S9.390.00 LF 250 65.00 150 U 50.00 CY 2.000 8J0 2.000 «(.000.00 LF 6.758 0.20 8.008 _________1-601-60 $34.851.60 776.691.11 144.587.38 27.923.90 351.876.98 100.860.92 9J90.00 ____34.85 1.60 $1,446,181.89 13937.RFP RP-9 PROJECT PAYMENT STATUS 0»mer Project Project No. File No. Contractor City of Orono Stubbs Bav Sanitarv Sewer O’ • 13937 ProgressK’e Contractors. Inc. CHANCE ORDERS No. Date 1 7-8-92 Modify Lift Station #3 Amount S9.390.00 2 114-92 Jack services, granular borrow, striping $34,601.60 Total Change Orders • Add $43,991.60 PAYMENT SUMMARY No.Period Payment Retainage Completed 1 Start 8-7-92 $116,255.77 $6.118.73 $96,918.04 2 8-7-92 9-8-92 305.777.08 22,212.26 444.245.11 3 9-8-92 10-13-92 272.411.08 36.549.68 730,993.61 4 10-13-92 11-18-92 275.415.46 51.045.23 1,020,904.62 5 11-18-92 2-3-93 90,600.17 55,813.66 1.111.627.22 b 2-3-93 6-14-93 77.011.11 59,866.88 1,197,337.55 7 6-14-93 10-7-93 138.006.14 67,130.36 1,342,607.17 8 10-7-93 12-7-93 113.192.88 35,606.92 1.424.276.61 9 12-7-93 9-1-94 57.512.20 36,154.55 1.446,181.89 Total Payment to Dale Ketainage, Payment No. Total Amount Earned 9 & Tinal 1,446.18! “9 0.00 1.446.181.89 Original Contract Change Orders Revised Contract 1,480331.95 43,991.60 1324323.55 13937.RFP RP-10 / cT TO; ' I . I ■ } Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator FROM: DATE: SUBJECT: Michael P. Gaffron. Asst. Planning & Zoning Administrator %December 9, 1994 Confirmation of Council Direction Re: Septic Moratorium/Setver Study Courh.il's intent: 1 2. 3. The moratorium was allowed to expire on November 28*. coSuy/upg^fc in°*W or* IWd" U1 have two full construction seasons (until December 31. 1996) to make the appropriate upgrade. Prooenv owners not within the ten Mcntified ’hot spots* should be advi^ rnrehrablv via a news release to local papers and again m the spring newJeiteD S e ”Sof r^ipal sewer to se?ve them is not planned in the foreseeable tuture and they should plan for continued septic system usage. Residents within the ten 'hot spots* should be mailed individual letters advising them of the following; That North Long Uke and Long Uke Countty Club MdWon ^ hishest oriorities for installation of municipal sewer, and the City w pS ^h public information meetings in 1995 mganlmg sewer,ng those two areas. That Orono Orchards is clearly the next highest priority area. Howev^ to staff whether CouncU ’s Intent is that thB area Uont^rJd for municipal sewer when the ’ complete, or whether it should be lumped with the medium priori . areas. That the Fox Ridge, East U,ng Uke medium priority, that Bay Ridge, Edgewood Hills. Bracketts Poim an Foxhill are of relatively low priority, that these seven areas wil not be placed within any specific time frame for insullation of municipal Mw«. and that these areas should plan for continued septic usage for th foreseeable future. Memo - Confirmation December 9, 1994 Page 2 4. City will consider proceeding with an appropriate project. • That the City will proceed with an application to the Metropolitan Council for ixp^nston of tl^Mc.ropoU.an Urban Service Area boondary .0 .nclude all ten "hot spots" to allow for future se ver installation. • That City staff are available to assist each neighborhood in effecting luitable «plic system upgrades as necessary and for additional information regarding municipal sewer questions. ciiiff ifi to orocecd with preparing a formal application to the Metropolitan CouiKil for expansion of the MUSA to incorporate the ten “hot spots" ara"h n!y need or request se«er in the foreseeable fumre. Procedurally. Staff proposes to; • Informally discuss the proposed expansion with various parties including MarTs^ Shardlow and selected Met Council staff to gam a sense of how such an application will be received. • Provide City Council with a preliminary map of the areas/acreages/units proposed to be added to the MUSA. • Prepare a formal MUSA amendment application and background documentation in support of the MUSA additions. . ^nce City Council has approved all documents, submit to Met Council for their approval. s:sirsTS.sLts* -s-ir include: • Discussion with City Engineer; request Bonestroo & Associates to submit a proposal and price for conduciing a feasibility smdy for this project. . Discussion at the Council level regarding extent of City financial partiemation in this project, if any. r » ? i I i* I f Ir Memo - Confirmation December 9, 1994 Page 3 • Hold a public information meeting for the Long Lake Country Club and North Long Lake residents to discuss the identified need for municipal sewer and determine neighborhood sentiment on the issue. The septic inspection program ’s priorities are to proceed as follows in order of highest priority to lowest priority: (1) Continue to inventory the non-conforming systems in both shoreland and non-shoreland areas. (2) Continue to pursue the upgrade/replacement of systems which are discharging to the surface. Continuation of other normal duties of the septic inspector, such as review and inspection of new construction systems, maintenance inspections, record keeping, etc. (4) Enforcement of 3 ’ separation non-conformity upgrades. 7.Staff will continue to pursue the availability of funding for septic system upgrades. Staff is working on a proposed news release to the local papers, as well as a proposed letter to be mailed to the individual homeowners within the ten "hot spots", both to reviewed and approved by Council prior to distribution. Request for Council Action Council is requested to confirm that staff should proceed as noted above. **. REQUEST FOR COUNCIL ACTION * 4\^m DATE: December^ IW '9 a» ITEM NO: / h ^■9 Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Establishment of Date for Personal Watercraft Ordinance Public Hearing At the November 14 Council meeting. Council indicated the public hearing regarding the personal watercraft ordinance should be held sometime in January of 1995. The public hearing could be scheduled prior to the Council meeting on either January 9 or 23. The City of Long Lake is interested in holding a joint public hearing since both cities would need to adopt the ordinance. COUNCIL ACTION REQUESTED: Motion to establish " date and time for a public hearing regarding the proposed personal watercraft ordinance. s S'f / REQUEST FOR COUNCIL ACTION if/^^ > DATE: December 9, 1^4 ITEM NO: ) Department Approval: Name Ron Moorse Title City Adminisirator Agenda Section: City Administrator’s Report Item Description: Proposed Metro Transit Bus Route Restructuring •*’a?toTof to smlce'on toIJn Ro^ south of Watenown Road and on County Road 51 t“n Ro “d to w" Z The MCTO has indicated a very low eldership along thts route (1 or 2 riders). The elimination of this portion return trip cast to Minneapolis. ThcM ” ioo< The nroDosal outlined in Drive. fwever WiiiowDrivewm^ » wX^-^n north on Old Crystal Bay Road to .he Middle School parking iot. where Ihe bus would mm around for its trip back to Minneapolis, i^toonSSThe Council to consider in relation .0 the restrucmring proposal are asTwo sets follows: 1. 2. Does Ihe Council have concerns regarding the elimination of a bus roule that serves a substantial portion of Orono. Does the Council have concerns regarding the use of Watertown Road and Old Crystal Bay Road as the new bus route. n T L L'r^^Metropolitan CouncilmA Working Jot thr Region. Planning Jur (he Future Ttansit Operations December 7. 1994 Mr. Ron Moor sc City Administrator City of Orono Post Office Box 66 (FAX #: 473-0510) Crystal Bay, Minnesota 55323 Dear Mr. Moorse: The Metropolitan Council Tran.^it OperaUons (ex-Kl'C) staff arc developing a proposal to re structure transit service in the City of Long Lake and in the City of Orono. The goal of this change is to reduce subsidies of Route 74 by shortening the route and re-dirccling it west to serve more areas and the Orono Schools on Old Crystal Bay Rd. Based on our observations, the streets used by the proposed route, as shown on the attached map. would be suiublc for use by our buses. Four or five Route 74 buses would follow Hwy. 12 to the Orono Middle School in the morning, then return to Minneapolis via Old Crystal Bay Rd. to Watertown Rd. to Brown Rd. to Hwy. 12 East. Four or five Route 74 buses would follow Hwy. 12 We.st to Brown Rd. to Watertown Rd. to Old Cry.stal Bay Rd. to the Orono Middle School in the afternoon, then return to Minneapolis via Hwy. 12 East. Orono Schools may approve use of the bu.s loop at the Middle School since our buses would run well before and after the times school buses arc present. The Route 74 buses would operate on Watertown Rd. between about 6:30 AM and 7:40 AM going cast and about 4:50 PM and 6:20 PM going west The area west of North Arm would be covered by on exten.sion of Route 70 from Navarre, also shown on the attached map. Route 70 buses would connect with two buses of Route 75 tluee times each rush hour at a site we ivcommend on the shoulders of County Rd. 15 at the city limits with Spring Park. We request the city’s concutrcnce for the use of: Watertown Road between Old Crystal Bay Rd. and the eastern city limits. Old Crystal Bay Road between Watertown Rd. and the Orono Middle School. 1 appreciate your prompt attention to this request. Assume that bus stops would be established at the nearside of each cross street. Conuct Dick Loefner. MCl'O Manager of Succi Operations - West Metro, at 349-7308 for bus slop locations. Given approvals, this service change would take effect on April 8,1995. If you have any question.^, please call me at 349-7773. Sincerely, John Dillery Transit Planner cc; Dick Loefner, MCTO TL ■ J A m.!:’.** N* Ti.Mrfi# • 11 rum ; InfL* I ' I* ' I ^ J.Transit Operations ig a proposal to rc- The goal of this rocting it west to serve ibscrvations, the streets >le for use by our iddle School in the I Rd. to Brown Rd. to to Brown Rd. to afternoon, then return >us loop at the Middle kses aic present. The 1 and 7:40 AM going I Ann would be chedmap. Route 70 v.( at a site we ngPark. limits. Idle School. would be established at of Street Operations • ‘vice change would take 7773. mSliSXi. Route 70m MINM£ TOMKA OE/Q:;^ ^ ^D«riaq ^ \%MonC I ~*~ j-~-1-~-^ Po»m ____^TOGO ROADTo Mound Route 75£To Mpis. —/ffe 7/J^.^^SP«iMG PARK PM V*D I MXd^ 4.VJ , ^ I ------------p Via l>394 Route 75i,afa/e*ft Bar^ lu A 4.LAf4rnrr^Sprmf Ai#'l tote MOUND ^ SHOREWOOp To Mound Via Wilshire Route 75S CCf*/^CA Mm ES.r To MpIs. LEGEND Via Excelsioi Route 70G 7^ Timed Transfer «•«»** Route 70 Route 75 MCTO ROUTE 70 AND ROUTE 75 PROPOSAL Til U/»ld4 Httr TL ■ J [ifi.TTS*>n OMO I To Mpls.S Via 1*394 S Routo 75 JLgtv/tff* Bor To Mpis. la Eitcol*i®i Routo 70G MCTO ROUTE 74 PROPOSAL^iktZioistn DlcktysLaUvatzaTa blvo .Orono Middle School pulp,Imii north13. Shau C nESSY CIR.14. HARRINGTON CIR.15. BOLLUW CIR.COUN aPAR m ro .SU0 a RY<O0 o Si Ncnhur\^ < ■■ i------------^ ______________ ^INOOSTRUL cc&.VC.I ^ *•/^ \ \^ -»/ ‘0s/* ^1 ^1 ^13. S 2 5ee z> ORONO f 30 POP. 7285 ; WOOOKAkAij■ -■ N Elw ^ I TI • ex yt« * ^Tn7N R23V MAP LA. —i <---------i-----1. orchard [ J LONG LAKE|%J990 POP. 198-5,^m' Kl4. DR. LA. 1 : wLA. II > %A rp: NEiLSON UPA MM Route 74 DEVIN LA. AVc. . COLIN Route 74 , CIR-’ ':A lO'S- i£l5*S > ll \\\ TJ KN CiR-'HI *•'”*'** Attention Customers of Minneapolis Routes 61, 74 and 75 Proposed Changes MCTO IS now looking for comments from customers of Routes 61, 74 and 75 regarding proposed service changes that would take place in April. These changes would reduce service in some areas, restructure service in other areas and allow us to meet customer needs more efficiently. The proposed changes are as follows: Route 61 • Route 61 service would be replaced by a resuuctured Route 75 west of General Mills Blvd. • Rush hour buses would operate between the Louisiana Ave. Transit Center and downtown Miimeapolis. Morning buses to downtown would travel via Cedar Lake Rd., Cedar Trails Condominiums and Xenia Ave. Morning buses leaving downtown will use the south frontage road of 1-394 between Xenia and Louisiana Aves. Afternoon rush hour service would folluw the same pattern in reverse. • Route 75M would provide Express service to General Mills and the Interchange Office Park from downtown in the morning and to downtown in the afternoon. Route 74 • Routes 74J, 74K and 741 would end in Long Lake. Service to the area between Watertown Rd. and County Rd. 19 would be eliminated due to low customer demand. The area west v>;' County Rd. 19 would have alternative service from Route 70 which would connect with Route 75E Express buses in Navarre. • Most midday service would be eliminated due to low customer demand. (over, please) Metropolitan Council Transit Operations Customer Relations 373-3333 Route 75 . Routes 75M, 75S, 75T and 75W would travel via Shelard Plwy. and Betty Crocker Dr., resulting in faster Express service for residents living along those streets, but slightly slower service to and from Ridgedale and points wes.. . Routes 75E and 75N would not change significantly. • Rush hour Route 75S buses would connect with Route 75E non-stop Express buses in Navarre Center, allowing faster service between Wilshire Blvd. in Mound and downtown Minneapolis. Public hearings on these changes are scheduled for ^o locattons. A meeting in the Community Room of Wayzata City Hall (600 Rice St.) will begin at 7 p.m. on Wednesday. December 14. Another meetin: m the Auditoiium of the University of St. Thomas’ downtown Minneapolis campus (1000 LaSalle Ave.) will begin at noon on Friday, December 16. If you cannot attend the public hearing but would like to voice your comments on these service changes, please write to MCTO’s Service Planning department at 560 Sixth Avenue North, Minneapolis, MN 55411. Or you can send a fax to 349-7675. Comments will be accepted through Friday, December 30. We regret any inconvenience these proposed changes may cause. We are working .vith limited resources to provide cost-effective bus service to residents of the metropolitan area. We appreciate your continued support in accomplishing this goal. Thank you for being our customer. U/3Q/94 i ♦ i REQUEST FOR COUNCIL ACTION Dec , ' r ^ DATE: December 12,199^^ Wfi ITEM NO: A (n Department Approval: Name Steve Sullivan Administrator Reviewed: nUe Chief of Police Agenda Section: City Administrator's Report Item Description: Temporaiy StaRing for Microfiche Project Exhibits: DISCUSSION We microfilm all records that are over three years old. We now need to prepare 1991 reports for microfilming. This process entails removing staples and sorting what materials should be microfilmed. It is estimated to take 50 hours to prepare the reports. Our clerical staff does not have the time available to complete this project. We have a high school intern who had volunteered with our department both last school year and this year. He is dependable and reliable. I request that we have him as a part-time temporaiy employee at $6J59/hr for up to 50 hours to complete this project. This pay rate is the same as for a newly hired Community Service Officer in Orono. COUNCIL ACTION REQUESTED I request that the council authorizes the hiring of Jeremiah Callaghan as a part-time temporaiy employee at $6J59/hr not to exceed a total of $312.95. f om/counc i I. act r REQUEST FOR COUNCIL ACTION Ofc ,, !^94 DATE: December 7/ ITEM NO.: Department Approval:Administrator Reviewed:Agenda Section: Name John R Gerhardson t A/.City Administrator’s Title Public Works Director Report Item Description: Winter Activities Orono Golf Course During the winter of 1993/1994 the City of Orono entered into an agreement with Gear West of Long Lake to allow them the use of the Golf Course for cross country skiing. The intent this year is to allow Gear West the same option as last year with the exception of designating one evening per week and Saturday and Sunday afternoons to open the club house for the sale of concessions not only to cross country skiers but to the public that uses the course for sliding, tobogganing etc. The intent is to start on a small scale to see if there is potential for an expanded program in the future. The concessions would consist of pop, candy, chips, coffee and hot chocolate. We are hopeful that the sale of concessions will offset the cost of personnel. Personnel costs should not exceed $600.00. It is recommended to enter into an agreement with Gear West similar to last years agreement and to open the club house for sale of concessions for one evening per week and Samrday and Sunday afternoon during January and February, weather permitting. i. I \ * REQUEST FOR COUNCIL ACTION ^%r// ^ CftT , ■? DATE: Decernber 8, 1994 MEM NO:• .S’O Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: Va1 Agenda Section: City Administrators Report Item Description: City Recorder Fee Adjustment In response to a request from the City Recorder, staff is recommending the city recorder fee schedule be increased. Background When advertising for the most recent city recorder vacancies, the fee schedule was set at a relatively low level in comparison to what the city paid in the past. The past pay level was based on the substantial level of experience of the city recorder at that time. The past pay schedule was as follows: 2 hour meeting 3 hour meeting 4 hour meeting 5 hour meeting $115.00 $135.00 $155.00 $175.00 The current recorder is paid on the following schedule: 3 hour meeting 4 hour meeting 5 hour meeting $ 80.00 $ 90.00 $100.00 The current recorder has requested an increase in the fee schedule to retlect the number of hours required to complete the meeting minutes. She has indicated that based on the current fee schedule the time required to complete the meeting minutes results in an hourly rate ranging between $5.30 and $8.16. By comparison the city s clerical staff pay rates range from $10.38 per hour to $13.03 per hour plus benefits. # Because the experience level of the current recorder is substantially less than that of the past recorder, the pay schedule is not recommended to be made equivalent to the former schedule. However, it is recommended that the fee schedule be increased as follows: 2 hour meeting 3 hour meeting 4 hour meeting 5 hour meeting $ 80.00 $100.00 $120.00 $140.00 COUNCIL ACTION REQLIESTED: Motion to increase the City Recorder pay schedule as indicated above r REQUEST FOR COU’NCIL ACTION .■f7r DATE: December 6 ITEM NO Department Approval: Name John Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: City Administrator’s Rejxm Item Description: Stubbs Bay Sewer Connection Grant Progrnm < i i » In 1993 and 1994 the Orono Council dedic^jed funds from the Community Development Block Grant Program to the Stubbs Bay Sewer Connection Grant Program. The program was developed to assist those residents who qualified in the 50% median income. The residents that qualified in this category received a grant for the full amount of the actual comiection and the permit and SAC fee. Five residents qualified for a total grant, one withdrew because of becoming ill and was placed in a nursing home. Of the four who actually received a grant, the amount expended for construction is S7,950. SAC fees of $3,200 and City permit fees of $148.28. The total amount is $11,298.28. This leaves a balance in the 1993 allocation of $4,068.72. The amount allocated for 1994 was $15,931. The balance remaining for both years is $19,999.72. As stated in the guidelines for qualifying for the grant monies, those residents in the 50% median income received a grant for the full amount. If there were funds available after all the 50% median income residents were connected, we would allow' a grant of $1,500 towards the connectioii for those residents who qualify in the 80% income guidelines. We have received a request for funding from one resident who qualifies in the 80% median income, however, that resident does not have funds for the balance. The total amount needed for their connection is $4,835.00 plus SAC and permit fee. Because there have been no other requests, we may want to consider removing the $1.500 limit and increase that amount to $5,000 - $7,500 or $15,000. The $5,000 amount would cover the highest amount requested if we did not pay the SAC fee and/or the City permit fee. The S7.500 amount would cover the highest amount requested, the SAC fee and the City permit fee. The $15,000 amount is the maximum grant amount for a Housing Rehabilitation Grant. It is my recommendation to extend the grant amount to $7,500 maximum w hich would fund the highest amount requested and pay the SAC and City permit fee. Department Approval; Administrator Reviewed:Agenda Section: Name Ron Moorse * City Administrators Title City Administrator Report Item Description: Employment of Full-Time Police Officer i REQUEST FOR COUNCIL ACTION DATE: December 12,1994 ITEM NO: 22 Department Approval: Name Steve Sullivan TItie Chief of Police Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Employment of Full-Time Police Officer Exhibits: DISCUSSION The Council has budgeted for the employment of a 16th police officer in the 1995 budget. We have a part-time officer who is ready to accept that ftill-time position. John Schoenhoffhas worked for the Orono Police Department since February of 1992. During that time he has proven to be a productive, dependable employee who gets along well with his co-workers. He would make an excellent ffill-time police officer for Orono. Mr. Schoenhoff has almost five years of prior full-time experience working in North Dakota as a police officer and police lieutenant. COUNCIL ACTION REQUESTED I request that we appoint John Schoenhoff to the 16th fiill-time officer position effective Januaiy 2, 1995 at the one year pay rate level. for«s/counciI.act oec .REQUEST FOR COUNCIL ACTION '•ifQ' ■'■V DATE: December 8. 1^94 ITEM NO: 3 Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: Citv Administrators iponit Item Description: 1995 Meeting Schedule The proposed 1995 meeting schedule is attached for Council review and approval. The schedule reflects the current meetins schedule carried over to 1995. COUNCIL ACTION REQUESTED: Motion to approve the proposed 1995 meeting schedule with changes if desired 1995 ORONO CITY MEETING SCHEDULEKEY7:00 1*.M. Council Meeting 2nd & 4lh C) 7:00 P.M. Planning Commission 3rd Monday (May through October 1st Monday as an alternate date)7:15 P.M. Park Commission X orncial HolidayJanuaryMay T WA 39 10 16 17 23 24 30 31 September S M T W T 3 XA 6 7 12 13 19 20 26 27 S M26'^ 28FebruaryT W 1 1 2 7 8 c14 15 U (2)22 2CJuneS M T W7 2\13 14 19)20 21 27 28 October 10 11 17 18 24 25 31 12 13 19 20 26 27 MarchS M T JulyS M T W T FXA 6 7 11 12 13 14 18 19 20 21 25 26 27 28 November S M T 7 W T F S 12 3 4 8 9 >0711 15 16 17 18 22 25 29 30 S M T W T FS M August8 9 10 5 16 17 2 23 24 9 30 31 December S M T W T F S 1 2 3 5 6 7 8 9 1011112 13 14 15 16 17 18 19 20 21 22 23 24;2<X 27 28 29 30 31 April T W T F Department Approval: Name Steve Sullivan Title Chief of Police REQUEST FOR COUNCIL ACTIONDATE: December 1 ^ ITEM NO: C Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Annual Replacement of Police Squad Car August Exhibits: Letter of Intent to Purchase December T W T DISCUSSION Each year the Police Department budgets to replace either two or three squad cars. In 15195 we have budgeted to replace two squad cars. Both cars to be replaced will have over 100,000 miles on them by the time they are taken out of service. The lowest bid available in 1995 is for a Ford Crown Victoria finom Superior Ford at a price of $16,717 each. These are the same cars that we have ordered for the past several years. COUNCIL ACTION REQUESTED Request permission to purchase two Ford Crown Victoria cars in 1995 and sent the attached letter of intent to purchase to Superior Ford at this time. for«s/counc1l.act PoliceDepartnttentPost Office Box 86 Crsstal Bav, MN 55323 2730 Kelley Parkway Orono. MN 55356 .0^Stephen X. Sullivan Chief of PoliceAdministration Non-Emergency Fax Emercencv 473-7710 525-6210 473-5183 911 i-- Superior Ford Attn: Fleet Managers; Ms. Carol Hendrickson/Mr. Bill Stuart 9700 - 56th Ave. North Plynouth# Mn 55442 Dear Bill and Carol: This letter is to inform you of our intent to purchase two (2) 1995 Ford Crown Victoria's as awarded through Hennepin County Contract #3309A4, with a price per auto of $16,717. Please place the order upon receipt of this letter with the understanding that the City's purchase order will follow. If _ a have any questions, you may contact me at 473-7710. Sen/lpg North Lake Minnetonka Communities of Orono. Long Lake. Minnetonka Beach and Spring Park n REQUEST FOR COUNCIL ACTION Dec <. / * ..DATE: December 9, 1994’ ITEM NO: ^ Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: City Facilities Update Staff has been working with vendors to obtain price quotes on three city facilities items. These include; heat tape at the public works entrance, police squad plug-ins, and a light standard in the police department staff parking lot. As indicated at the November 28th Council meeting, the initial price quote was substantially beyond the estimates of the architect and construction manager. Several other vendors are preparing price quotes for these items, but have not provided them at this time. Staff will continue its efforts concerning these items and will bring them to the Council if reasonable price quotes are obtained. In the meantime the public works and police staff have been working together to develop a plan for storing the police squads indoors. At this point 6 of the 9 police vehicles can be accommodated. The current parking arrangement and space usage in the public works building are being reviewed to determine how to create space for the remaining 3 vehicles. It f I V Cc 'T f,-'- REQUEST FOR COUNCIL ACTION DATE: December 8, 1994 ITEM NO; Department Approval: Name Michael P. Gaffron Title Asst. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Tax Forfeit Parcel 17-117-23 44 0094 The city has been notified of a tax forfeit parcel available for acquisition. The tax forfeit parcel is ( .lot C of the "Lafayette Ridge" PRD created about 15 years ago. The parcel is approximately 7 acres, containing the 6 acres wetland on the north side of County Road 15 just east of Navarre. This outlot was owned by the Lafayette Ridge Homeowners Association as an open space outlot and as area credit for the subdivision. In reviewing whether the city should acquire this parcel, staff notes concerns as to liability for any clean-up of potential leakage from the gas s»ation abutting its west end. Further, it should by rights stay in the ownership of the homeowners association for the original purposes intended. Note that the city does have conservation, flowage and drainage easements over this parcel. The parcel ’s tax status is "K" classification, whose taxes are spread over the benefitting homestead parcels within the subdivision. However, the city apparently assessed this parcel for street lights rather than spreading that assessment over the homestead lots. The assessment showed up on tax statements but was never paid. Staff has learned that the tax statements have been going to an Orono builder who has had no involvement with the property for 10 years and who had been forwarding the tax statements. It is not known yet whether the Homeowners Association ever received said tax statements. Staff is investigating this tax forfeit parcel further, and therefore a resolution requesting an e-xtension of the deadline for city action is attached. COUNCIL ACTION REQUESTED: Adopt attached resolution requesting extension t 4 i A RESOLUTION REQUESTING DELAY OF THE PUBLIC SALE OF TAX FORFEIT LAND (P.l.D. 17-117-23 44 0094) WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non-payment of real estate taxes; and WHEREAS, this parcel was owned by the Lafayette Ridge Homeowners Association as an open space outlot, and was used for area credit for the subdivision, and WHEREAS, the city is pursuing the possibility of this parcel being repurchased by the Lafayette Ridge Homeowners Association. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono, pursuant to Minnesota Stamtes 282, hereby requests delay of the public sale of said property by Hennepin County for a period of 6 months from the adoption date of this resolution in order to provide the City the additional time required to resolve questions surrounding the repurchase of the property by the Lafayette Ridge Homeowners Association. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held the 12th day of December, 1994, by a vote of__ayes and___nays. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk r TAX FORFEIT PARCEL 17 117 23 44 0094 Rfs GOVT LOT 6 Po fO s STORM SEVi^R DISTRICT BOUN'DARY SCHOOL DISTRICT BOUNDARY WATERSHED DISTRICT BOUNDARY INCREMENT BOUNDARY HENNEPIN :?'JNTY BUREAU OF PUcLl department of Pi AND PUBLIC REC SURVEY DIVISION ORONC) (30)IIPREVIOUS OWNER LEGAL DESCRIPTIONPropeRy ID NumberNER Property Address TargetNo. Property Type Area9546“l7-i 17-JI3-44-0094 LAFAYEnE'RlOGE'HOMEO'WNEHS NOUN ASSIGN ED ADDRESS NO OUTLOTC DATE OF DATE BUILDING MARKET t3LDG JUDGEMENT FORFEITED VALUE VALUE SPEQAL ASSESSMENTS BEFORE FORFEITURE■<4 M . 4/30/91 8/2G/94CONDO COMMON AREA'LAFAYETTE RIDGE NO VALUE ON FILE $0.00 request for council action ** DATE: November 2S, 1994 0 '‘•J ITEM NO.: ^ Department Approval: Name John R. Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: Public Works Item Description: Resolution - Posting Speed Limits Tonkaview Lane AS a result of a request from residents on Tonkaview Lane, a speed study was conducted by the Minnesota Department of Transportation (Ma-DOT) to detemune a sate and reasonable speed limit for that street. The residents requested the speed limit to be reduced to 20 mph. The study by Mn'DOT authorizes 25 mph. I have prepared a resolution for Council review and action. COLTS'CIL ACTION REQUESTED: To adopt Resolution ____approving the authorization of a safe and reasonable speed limu for Tonkaview Lane. « I > : i f 1 ; ! ' A RESOLUTION APPROVING A SAFE AND REASONABLE SPEED LI^IIT FOR TONKA VIEW LANE \VHEREAS. the City of Orono is a municipal organization existing under the laws of the State of Minnesota; and WHEREAS, the City of Orono owns and maintains Tonkaview Lane; and WHEREAS, the City of Orono requested the Minnesota Depanment ot Transponation (Mn/DOT) to conduct a speed study on Tonkaview Lane to etermme a sa e a reasonable speed limit; and WHEREAS, Mn/DOT has authorized the speed limit of 25 mph on Tonkaview Lane. ^blic Lrks Depanment to proceed with the appropriate posting of the speed Itmtt. Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held this 12th day of December. 1994. ATTEST; Dorothy M. Hallin. City' Clerk Edward J. Callahan, Jr., .Mayor J REQUEST FOR COUNCIL ACTION C* . .r • • .. DATE: December 8, 1994 . y ITEM NO; 7, Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: Citv Administrators • Report Item Description: 1995 Fee Schedule The proposed 1995 Fee Schedule and the Summary Ordinance reflecting the fee changes for 1995 are attached for Council review and approval. The proposed fee schedule includes a $6.00 per year increase in the recycling fee, 5% increases in the water and sewer fees, and increases in several golf course fees. COUNCIL ACTION REQUESTED: Motion to approve the proposed 1995 Fee Schedule and to adopt the Summary Fee Ordinance. J ('opy Chnixcs I'anfAdiiiiiiistralioii 21Acddnil Ki'|iinis 2<iKiiildiit): riaii Caipics 21Copy Microlldic Kile - TI) 24C’opy Service - Police I)ep( 24Kepritit Oversi/.nl l)ocumonl.s on Microniin 21Tape Recortliii); Dnplicalioii 21Conneednn Cliaificx Saiiilary Seucr IIMunicipal NValer 15DociunciitsCompreliensive Cnidc 20Special Asscvsinenl Searclie.s 21Mniiicipal C’ode/Ordinancc 20 KeaUor.s l.isliiiK lid'o 21 I'ulse Alann (her l-'vc 23 dolf Cult I sc IxitU'S 27 Inspections Coniracliial Inspcclion .Service 10 Special Inspeclion CliarKCS IS Welt Siie Inspcclion IS l.iccnses A Miscelluneoiis licenses & Miscellancans (('ant.) hinc Carhanc llaoler.s I.icense 10Home Occupalion I.icense 20Joint U.se Dock 1,icen.se 10Kennel I.icense 21Septic Inslaller.s I.icense 10.Site Kvaltialiun License 10.Solicitation License 20Temp. Trailer/Kuildini; License 20Maps I'or Sale 20Vnblic Works Supplies A Serriees Driveway Culverts 2SDriveway/Canii (,’ul Permil.s 2SI’erinilsAfter-Ihe-Kacl Kees 5Itnildin); Permit Kees S llurnin^ Permit Kee IS Cert, of Occupancy S Demolition Permit Kee S Docks Commercial S Residential S Kirc Protection IS Kirearins Permit Kee 23 l''ircworks Pcrinil Itc 23 Cradinp, ICxcavaliii};, Killiii}; 16 Lai Kc Assembly Permits 23 Mechanical Permit bees 0 rcnnils (Cant.) tufieRelainini; Walls KSprinkler Systems - CoinnuT. 10'l'rappin^ Permit (limited) 23Under^romid Tank Removal 9Water Meter Kees It).Sc/n'cc.vKiuKcrpi intinu (Police) 24Water Tiirn-Orr Charge 26Water Turn-On (,’liarne 26SiyjisStreet Sijjns (Public W<irks) 2HTemporary A: Permanent 16lemp. "No Parkinu" (P.D.) 24Temp. "No Paikinj;" (P.W.) 2S (Wifr Hate A Misc. 25 Annual .Service Charge (.Septic) 15 nru.sb Drop Off Kee 26 Recyclinn Cliarne 26 Replacement Itins 26 /.oniiifi Appliculions Aller-lbe-KacI Kees 5 Amendments 3 Appeal of Admin. Deccsioii 5 ('omniercial Site Plan 2 Conditional Use Permit Kees 1 Industrial Revenue Rond Ajipl 5 After-Tbe Kact Kees >Move/Lilt Ituildinc Permit Kee 17 Park Dedication Kees 7 Amuscmcul Devices 23 Municipal Hook up It)PUD Re/.oniu((3 Animal Impound Kees 22 (.Senel7^Vatcr)RcAonin^ Application Kee 3 lleer, Wine & Liipjor Liccn.se 22 On-Site .Sy.slcms (Septic)15 Rip Rap Application Kee 5 (,'ij*areltc License 20 Outhouse Construction 15 Special Improvements /.ppl 4 Commercial Marina License 10 Parades A Special Kvents 23 Subdivision Application Kee 2 l)<»R License 21 Plumbinc Permit 0 .Snrcbai ue for Staff Kspensc 5 Dance (Public) License 23 Vacation Application Kee 3 Camblinc/Rallle I.icense 20 Variance A|>plica(ion Kee I ' r mm ORDINANCE NO.____, SECOND SERIESAN ORDINANCE ADOPTING THE 1995 PEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 123 SECOND SERIPIS AND NO. 124 SECOND SPJUESThe City Council of the City of Orono ordains Section 1. Ordinance R«M?alcd. Ordinance N»». 123 Second Scries, entitled 1994 P'ec Schedule and No. 124, Second Series entitled Amendment to 1994 Fee Schedule is hereby repealed.The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following fees effective during the calendar year 1995:SECTION 1. Fees.ZONING APPLICATIONSAll fees arc application fees and arc non-refundablc after staff work has begun on the application.Application TypeVARIANCE(Flexible applications involving more thaw one variance will require an additional $50.00payment per each variance) Variance for Non>Conforming Structures RENEWAL VARIANCE (No change from original application) CONDITIONAL USE PERMIT (One charge per project) Residential Accessory Use (Animals, etc.) Institutional Use (School, Church, etc.) Duplex Credit ( per building Guest Housc/Gucst Apartment Commcrcial/Industrial Use Non-Conforming Use v«-» ^'cc$200.00 $200.00 $100.00 $125.00 $200.00 $150.00 $175.00 $250.00 $200.00 Applicable Code Section10.06, Subd 3 (D) 10.06, Subd 3 (D) 10.09, Subd 3 10.09, Subd 3 10.09, Subd 3 10.09, Subd 3 10.09, Subd 3 10.09, Subd 3 econd ft » ZONING APPUCATIONS (CONT.)Application TvncCONDITIONAL USE PERMIT Continued (One Charge per ITojcct)Land Alteration:Grading, filling, etc. (over 100 cubic yards)Sea walls, retaining walls within 0-75’ lakcshorc PRD Application with SubdivisionPRD Application without SubdivisionPID ApplicationsR''ncwal Conditional Use Permit (no change from original application)Conditional Use Permit with Variance Aftcr-thc-Fact FeesCOMMERCIAL SITE PLAN REVIEW SUBDIVISION Sketch Plan (Class 1, II, & 111) Subdivision Application (Class 1 & II Subdivisions, Subdivision of a Lot Line Rearrangement) Preliminary Review (Class 111 and all non-rcsidential) Final Plat Review (Class 111) Filing Fees: a) Subdivision only b) Subdivision + Easements & Covenants Renewal of Subdivision Application (Class I & II, Subdivision of a Lot Line Rearrangement) (No Change From Original Application) ^’ce Applicable Code Section10.09, Subd 3$200.00 f permitSubdivision Fee plus $30.00 per dwelling unit $ 35.00 per dwelling unit (minimum $150.00) $150.00 per acre (minimum $350.00) $100.00Add $ 50.00 for each variance Double Application Fee Res. /fl306 & Jfl309$200.00 -(■ Consultant Fee $200.00 $300.00 11.10, Subd 7(A) 11.10, Subd 10(A) (B) $325.00 + $25/lot 11.10, Subd 10(C) ($400/3 lots; $425/4 lots) $175.00 + Special Lcgal/Engineering Charges 11.10, Subd 17(A) (9) $ 75.00 11.10, Subd 17 (A) (11) $200.00 Minimum plus any additional costs $150.00 ___________..£ar. ZONINGApplicatioSUBDlVliRenev(^Renev(?PUBLIC 1easeme:easeme:SUBD ZONING PUD Reze in Coi PUD Reze Residt Comn REQUES’ ZONING APPLICATIONS (CONT.)ADfilicat ionTvDCSPECIAL IMPROVEMENTSNon>rcfundablc charges lor City Engineer’s review for applications and design drawing, including construction inspection Tecs. II improvements are proposed as part of a Subdivision, Review Charges arc payable with Preliminary Plat application.Proposed Private Roads Proposed Public RoadsRequest for City to accept existing private road Request for City to maintain unimproved public road Proposed Sanitary Sewer Main Extension Proposed Watermain Extension Proposed Storm Sewer System (excluding culverts)On-Site System - Site Evaluation Review(applicable to rural subdivision applications)h Applicable Code SectionSection 11.12, Subd 4$600.00 plus SO^/liiical foot $900.00 plus 50^/lincal foot $900.00 $200.00$250.00 plus $25.00 per stub $250.00 plus $25.00 per stub $200.00$ 50.00 per new lot proposed for on-site ZONINt; APPLICA'nONS (CONT.)Apolicatioii Type RIP-RAPStaff Review (normal rip-rup)Unusual Rip-Rap: a) New installationb) Repair previously approvedAPPEAL OF ADMINISTRATIVE DECISIONINDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee:FeeNo Cltar|*c$100.00 + CUP review Staff permit = $100.00$100.00 Applicable Code Section10.65, Subd 3 (D)0.1% of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expensesSURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule set forth below: Professional Time Clerical Time Legal/Engineering Consultants Mileage/r opies/Postage/Etc. AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident propeity owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work docs not entail any zoning violations. Section 10.11 $ 30.00/hour $ 18.00/hour Actual Billed Cost Actual Cost Ml ZONING APPUCATIONS (CONT.)ADDlicution Tvdc Fee Applical>lc Code Section r RIP-RAPStair Review (normal rip-rap)Unusual Rip-Rap: a) New installationb) Repair previously approvedAPPEAL OF ADMINISTRATIVE DECISIONINDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee:No Charge$100.00 + CUP review Stair permit = $100.00$100.00 10.65, Subd 3 (D>0.1% of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expensesSURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule set forth below: Professional Time Clerical Time Legal/Engineering Consultants Mileage/Copies/Postage/Etc. AFTER-THE-FACT APPLICATION INVESTIGATION FT:ES (Resolution 1306) (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work not entail any zoning violations. Section 10.11 $ 30.00/hour $ 18.00/hour Actual Billed Cost Actual Cost I IIW r"/ONINr. APPLICATIONS (CONT.)AfTER-TUE-FACT APPUCATION INVESTIGATION FEES CooUnucd IVc Applicable Code Seel IonWhenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process.Because of the extra administrative costs involved in the special investigation, the minimum application fee for aftcr*thc>fact applications shall be twice the fee set forth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after*the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City.After-the-fact Investigation Fee Amount:E<iual to and in addition to the basic fee amount (total fee is twice the basic fee amount). Kcs. 1306 ZONING APPLICATIONS (CONT.)PARK DEDICATION HiES Il^nd Dedication Minimum Area - Subdividers shall be required to dedicate to the City forparks, playgrounds, trails, open spaces and other public purposes as a minimum that percentageof gross land area, or other such amount as may be detenniiicd by the City Council, as set forth below:(1) Rcsidential/Agricultural/Multiple Residential Zoned Land.Dedication requirement of 8% of the land being platted or subdivided. (Exclusive of lot that includes an existing residence.)(2) Commercial/Industrial Zoned Land.Dedicated requirement of 8% of the land being platted or subdivided. Cash Contribution in Lieu of l..ands. in those instances where a cash contribution is to be made by the subdivider, in iieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. 0-: V*i Applicable Code SectionMunicipal Code Section 11.62 C.*___ CONSTRUCTION PKRMITS AND INSPKCTION Vlil'SPcnnit Type 1‘cc Applicubic Code SectionBUILDING PERMIT (Ord. 216)Minimum Fee Normal Fee Plan Review Fee: Commercial ResidentialBuilding Valuation Standard $ 15.U0(per 1988 UUC/SBC Standard Schedule)(per 1988 UBC/SBC Standard Schedule) 65% of Building Pcnnit Fee (per Current I.C.B.O. Building Standards; Building Valuation Data)ZONING CERTIFICATE OF OCCUPANCY WITIIOirr BUILDING PERMIT (change in use)$ 50.00RETAINING WALLS (in excess of 42" also multiple tiered walls that exceed 42" and not located in lakeshore protected area) NOTE: Retaining walls in 0-75* lakeshore protected zone • sec Cond. Use Permit section oI fee schedule. $15.00 minimum(per 1988 UBC Standard Schedule) TREE REMOVAL WITHIN 0-75 ’$30.00 Ord. 10.22 Subd 3 CKS • RESIDENTIAL (Permanent and Initial Seasonal) $ 30.00 •CKS - COMMERCIAL Per 1988 UBC/SBC Standard Schedule DEMOLITION PERMIT Principal Structure Acetssor}' Structure (Ord. 216) $ 50.00 Initial inspection $ 25.00 for each requested or required iiLspcction beyond initial inspection $ 30.00 Initial inspection Ik I ■utRim ■ !■ CONSTRUCTION PKRMITS AND INSI»KCT10N W.VS (CONT.)Permit Type I't'C Applicable Code SectionCommercial. Industrial and Multi-Family Residential by Unit Type $ 35.00 minimum fee 1.259c of contract priceSPRINKLER SYSTEMS - COMMERCIAL •Ore sprinkler systems•kitchen Tire e- tinguishing systemMUNICIPAL CONNECTION PERMIT (together with area connection charges)SewerWater 5/8" meter including sales tax 3/4" meter including sales tax 1" meter including sales lax larger meter Mail-in postage & handling charge (sewer and water permits only) $ 35.00 minimum fee 1.25% of contract price Plan Rcyiew = 65% permit fee Surcharge based on valuation$ 35.00 per system$35.00 $35.00 $135.00 $185.00 $240.00 quote basis $ 1.50 ALL SANITARY SEWER CONNECTION CIIARGICS (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the eomicction charge may be in addition to any assessment.)By District - Project1963 ST-IA, LS-IA or STI-B, LSl-B1964 LS-IA or LS-IB1965 LS I 1965 LS-IA 1967 LS-11969 LS-1 Shore Hills1969 LS-2 Chevy Chase1970 LS-1 Sage lUII1971 LS-1 Dunwoody1973-1 19S0-1 Minnetonka Bluffs West Femdalc/County Road 15 Orono Lane County Road 15 Marinas 1980- 2 North Shore Drive/Scotch Pine Lane 1981- 1 North Shore Drive/Uighwood 1982- lA Navarre Utilities 1982-lB Navarre Utilities Northern Avenue 1985-1 Crystal Bay 1983-1 Highway 12 Orono-Long Lake-Medina 1989 Highway 12 - Phase I - North Side • Brown Road to Willow Drive 1989 Highway 12-Phase H Future Trunk Expansion Office Use Only•Credit to Fund$225.00 + $472.00 per acre + 34.20 per F.F.$225.00 + $ 35.00 per F.F.$225.00 + $ 51.50 per F.F. $225.00 + $ 37.50 per F.F. $224.60 per unit+ $ 22.40 per F.F. $225.00 + $11,126.00 per unit $7,971.00 |)cr unit $225.00 + $4,263.00 per unit + $ 26.25 per F.F. $225.00 + $3,883.00 per unit + $ 23.85 per F.F. $7,529.00 per unit+ $ 35.70 per F.F. $9,623.00 per unit 2 $28,125.00 per unit 2 $18,018.00 per unit 2 $7,501.00 per unit 2 $26,519.00 per unit 2 $11,510.00 per unit 2 $2,453.00 per unit 3 + $1,006.50 trunk area $225.00 + $2,649.00 per acre $225.00= 1 + $198.65 trunk unit acre/unit = 3 $11,633.00 per unit $1,093.00 per unit $1,742.00 per unit $1,735.00 per unit ALL SAlis not dei charge n Sanii ♦Cre ALL SANITARY SEWER CONNECTION CHARGES (If not previously assessed or if an improvement project is in»t deemed to be retiuired in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.)By District - ProjectI. An additional fee is charged for properties benefitting from 1984 forccniain and lift station #7 upgrade, as follows (see map for affected areas):InitialCharge M6By Pass #7Forcemain Office Use Only ♦Credit to Fund1. Existing Properties/Increasc PreviouslyPaid PreviouslyPaid $444.002. New Bldgs Replacing Existing Bldgs PreviouslyPaid PreviouslyPaid If usage increases from existing $444.003. New Residential W/Existing Previoasly PreviouslyStub Paid Paid $1,284.504. New Residential Without $225.00(1) $198.60(3)Stub $1,284.50(5) 5. Freshwater Biological $225.00(1) $198.60(3)$500/unit on (5) connection (already assessed $2,000/ac) 1) 073-3753- 2) 043-3753 3) 044-3753-000-00 4) 045-3753-000-00 5) 024-3753-000-00 6) 046-3753-000-00 1, 3 & 5 1, 3 & 5 .mam ALI. SANITthe City. If By District -II. An addit areas):Property W'ilThe conncctic the conncctioSanil •Cre on of ALL SANITARY SEWER CONNKCTiON CHARGES (If not previously assessed or if an iinprovcnienl project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to an)' assessment.) <By District - ProjectII. An additional Tee is charged for properties benefitting from the 1989 gravity line and lift station #10 by-pass per Resolution #2671, as follows (see map for affected areas):InitialCharuc #10By-Pass Office Use Only ♦Credit to PiindProperty Without Stub $225.00 $2,269.00 1 ftThe connection charge for properties wishing to connect to the sewer but which arc located outside the delineated boundaries of the affected project area shall be charged the connection fee for that affected project area. Such connections arc subject to City Council approval.Sanitary Sewer Connection Charges ♦Credit to Fund 1) 073-3753-000-00 2) 043-3753-000-00 3) 044-3753-000-00 4) 045-3753-000-00 5) 024-3753-000-00 6) 046-3753-000-00 ALL Mof the (By Disc1967 L’1969 L1970 L’1970 L1982-L1989 H Watci1989 II Well,oN-snUcsigiSubdi Rcsidi Rc| Nc’ Non-Rc Nc’ Pat Annual I of 1^ ALL MUNICIPAL WATER CONN^.CTION CHARGES (If not previously usscssed or if an iinprovvinent project is not deemed to be required in the sole discretion of the City. If an improve. 4 is required, the connection charge may be in addition to any usscs.sinent)By District - IVoject Office Use Only •Credit to Fund •Credit to FundBed1967 LW-I Highway 12/Cryslal Bay Road1969 IAV-2 Chevy Chase1970 LW-1 Navarre Residential1970 LW-1 Navarre Commercial 1982-1 A Navarro1989 Highway 12 - Phase 1 - North Side Water Trunk - Brown Rd to Willow Dr $3,905.50 per unit+ $29.00 per F.F.$3,870.00 per unit $1,933.00 per unit+ $19.30 per F.F. $2,901.00 per unit+ $29.00 per F.F. $2,060.50 per unit$ 992.00 per unit I 1) 072-3753-000-002) 044-3753-000-001989 Highwa;' 12 Phase 11 Water Tower, Well, PumphouseON-SITE SYSTEMS Design Review FeesSubdivision Site Evaiuation Report Review Residential System Permit:Repair existing system New/Replaccnient System Non-Rcsidential System Permit: New or Total replacement Partial replacement Annual Service Charge $3,010.00Included with permit fees $ 50.00/per new lot (Ord. 210)$50.00$100.00 -f $20.00 per each inspection over 3 (Includes outhouse on Big Island) $100.00 + $20.00 per each inspection over 4 $ 60.00 + $20.00 per each inspection over 2 $ 50.00/system/year plus an additional $10.00 fee for late penalty plus 8% interest for unpaid charges certified Section 12.30, Subd 8(C) ....aid rONSTRDCTlON PKKMITS AND INSPECTION VKKS (CONT.)Permit Type I*'ce Applicable Code SectionGRADING, EXCAVATION, FILLING • 1-100 cubic yard ( max. 10 loads)$ 50.00 (stalT permit) + cnRiiiceriiiR fees if required ($100.00 if engineering fee necessar)')- 101 + cubic yards $ 75.00 + Conditional Use Perinit + $25.00 per each inspection over 1stNOTE: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit.SIGNSTemporaryPermanent $30.00(Per 1988 UUC/SISC Standard Schedule) I ^ —A. r CONSTRUC'I ION PKRMITS AND INSPECTION CT:KS (CONT.)Permit Type TeeBUILDLNG MOVING OR Lll-TING Applicable Code Section(Ord. 227)Fees for this activity arc in addition to required buildiiii’ or demolition permits. Fees and any necessary surcliar(>cs are required to pay costs of building code inspections, public works inspections of streets and reasonable police escort service on oversize niuvciiieiits.i -Lifting accessory buildings (no move across lot lines)-Lifting principal buildings (no move across lot lines)(includes pre-lift iaspcction fee)-Moving accessory building within normal highway clearance(max. 8*6" wide/max. I3 ’6” high/max. 48* tong -Moving accessory building larger than normal highway clearance -Moving principal buildings over any lot line, onto or off any lot within Orono; includes any move on or over any City street even if not originating or term inating in Orono (includes ^ over size loads exceeding 8*6 ” wide and/or 13*6 ” high 48 ’ long). -Pre-move code inspection, principal buildings: a) Building within Orono to be relocated within Orono b) Building outside Orono to be moved into Orono (max. radius 25 miles) $30.00$75.00 + engineering fee if necessaryNo moving permit required$50.00$150.00 $50.00 $150.00 CONSTRUCTION PKRMITS AM) INSIMXTION FKKS (CONT.)Permit Ti’iieSPECIAL INSPECTION CHARC *.SSite Inspection without permit (when called by owner)Inspection surcharge for work or application on Big Island or Dc^ng IslandRcinspcction fee after failure to comply with Building, Septic or Zoning Code Correction Notxc - 3rd trip Well Site InspectionFIRE PROTECTIONFire Prevention Inspection Fire Code Permits Commercial Fire Alarm Plan Review Fee BURNING PERMITS Up to 5 times per year For Each Rcinspcction More than 5 times per year (for all organizations and individuals regardless of tax status) Fee Applicable Code Section$30.00$30.00 per trip -f boat rental if transportation is not provided by owner $ 30.00 per trip + $30.00 per hour after 1st hourNo Charge (Ord. 223)No Charge $ 30.00 each Per UBC Schedule 65% of permit fee No Charge $20.00 $100.00 CONSTRUCTION PERMITS AND INSPECTION H^KS (CONT.)Permit TvdcCONTRACTUAL INSPECTION SERVICEMonthly Retainer Fee (Includes clerical time)Inspection Charge Plan Review Charge Clerical Fee (Only charged if clerical use is excessive)LICENSF^ & MISCELLANEOUS CHARGESZoning Department AdministeredCOMMERCIAL MARINA LICENSE Application Fee (initial) Renewal Application & Inspection Fee (annual) plus: •late fee JOINT USE DOCK LICENSE Application Fee (initial) Renewal Application Fee Plus each slip Late Fee SEPTIC INSTALLERS LICENSE - Annual SITE EVALUATOR LICENSE • Annual GARBAGE HAULER LICENSE • Hat rate • per hauler - truiisfcr fee Applicable Code SectionPer Contract$ 25.00 per inonth$ 15.00 per inspection SnC/UBC Schedule $ 15.00 per hour $300.00 $200.00 $100.00 $50.00 $20.00 $ 2.00 $ 25.00 $50.00 $100.00 $30.00 $ 15.00/truck $30.00 LICENSES & MISCEU.ANKOUS CHARGES (CONT.)Permit TypeHOME OCCUPATION LICENSETEMPORARY TRAILERS & BUILDINGS LICENSE I'Ve Applicable Code Section$ SU.OU Initial Review Fee $ 30.00 (Aiinuul Review Fee)$30.00Zoning Department Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan -1980 (with amendments)Municipal Code Book - complete (Ch. 1*12 w/revisions)Municipal Code Book - Portions Ch 1 thru 9 (Book 1) w/revisions Ch 10 thru 12 (Book 2) w/revisions Ch 10 only (Zoning Code) w/revisions Ch 11 only (Subdiv. Code) w/revisions Other Individual Chapters Binder Comp. '*lan Amendment HI (Hwy 12) City Maps Topographic Inromiation Building & Planning Publications General Administrative Licenses Cigarette Sales Licenses - per quarter Gambling & Raffle License Solicitation License Up to 10 solicitors - $1.00 cacti additional solicitor in Orono. Applicant must list only persons that will solicit in Orono. $30.00$ 60.00 w/bindcr $ 35.00 loose $ 35.00 loose $ 25.00 loose $ 15.00 loose $ .25/pagc $ 5.00 $ 5.00 $ 2.00 each $ 12.00 per acre + engineering consultant fee if computer diskette is required As Posted - IVices subject to change $ 5.00 $ 10.00 $ 20.00 5.24 5.23 5.30 > i >-r l.irKNSKS & MISCKM>ANK()US CHARGES (CONT.)General Administrative Documents Continued Listing Inrormation Assessment Search - Written (Verbal searches not given)Copy Service (for public City records only) 11” X 17" copiesIndividual copies of Ordinances (1 copy) Reprint of Oversized Documents that have been microfilmed Building Plan Copies and/or Tape Recording DuplicationCurrent Street Address Book Does & Kennels DOG LICENSES Biannual License (issued in odd years) Annual Liceasc (issued in even years only) KENNEL LICENSES Commercial Application & Inspection Fee (Annual) Residential Application & Inspection Fee (Annual) NOTE: Dogs kept in residential kennels mast be individually licensed. Residential kennel fee is in addition to dog license fees. IVe Applicable Code Section$ 10.00 $ 10.00/parcel$ .25 each1 1.00 each No ChargeCost of copying service, Messenger service &Min. Clerical Fee of $5.00Cost of Copying, MessengerService & Min. Clerical Feeof $5.00 (entire amount to bepaid upon ret|ucst)$ 12.75 9.12 $ 15.00 $ 7.50 5.36 $150.00 $25.00 nmmtt . t*. . .............. * .«... .A.______________ _____________ LICENSES & MISCKLLANKOUS CHARGES fCONT.)Permit TyneIGS AT LARGE - RELEASE FEEFirst OiTciisc Second OITensc Third OffenseAfter Hour & Weekend Release ChargeANIMALS AT LARGE (Other than dogs) - Release Fee First Offense Second Offense Third Offense Trace & Catch Animal Trailer ChargeCARE OF IMPOUNDED ANIMALPolice Denartment Administered BEER, WINE & LIQUOR LICENSES Initial Investigation On-Sale/Off>Sale Liquor In state investigation Out state investigation Initial Investigation - Beer/Wine Off*Sale Liquor License Bond Requirement On-Sale Liquor License On-Salc Wine License 3.2 Beer Off-Sale (Annual) 3.2 Beer On-Sale (Annual) Setups (Annual) Club Liquor License (weekday) (Sunday) Temporary Set-up Permit (one day) Temporary Beer Permit (one day) Fee Applicable Code Section9.12$ 20.00 $30.00 $40.00$45.00 9.13$ 20.00 $ 35.00 $ 50.00 $ 20.00/hour $ 20.00 plas .25 mile (total distance) Actual Cost $500.00 per License Collected at Application Actual cost up to $10,000 Actual cost $150.00/pcrsoii $150.00 Res. 1306 4.30 $5,000.00 $4,000.00 $750.00 $25.00 $75.00 $100.00 $100.00 $200.00 $ 25.00/cucli $ I5.00/caeh 4.30 4.40 4.20 4.20 4.60 4.50 4.50 4.61 4.21 Iitia 1 iiWlh I t: LICENSES & MISCELLANEOUS CHARGES (CONT.)Application TvpcPolice Department Administered - ContinuedFINGERPRINTING SERVICECOPY SERVICE - Police Records First Two Copies Additional CopiesCOPY OF ACCIDENT REPORTSCOPY OF DRIVER ’S LICENSE RECORDCOPY FROM MICRORCHE RLE Rrst Two Copies Additional Copies"NO PARKING ORDER OF POLICE" paper signs (no lath included) ■I PUBLIC WORKS DEPARTMENT MISCELLANKOUS CIIARCflCS (CONT.)Utililv Scnicc Rates - ContinuedAreaMUNICIPAL WATER RATES Navarre llwy 12 Area Chevy Chase AreaBilling & Ready to Serve Chg $20.I0/qtr $7.40/qtr $7.40/qtrWater Usage Rate $ 1.71/1000 gal $2.37/1000 gal $1.89/1000 galUnconnected Property dig $20.l0/qtr -0-(ready to serve/hydrant chg)-0-FecFederally Mandated Safe Drinking Water Testing Program (Charged per service connection)$ 5.21 per year on second quarter billingBulk sale to Minnetonka Beach for Lafayette Ridge Area - Area Hi Rate $20.10/qtr billing charge plus $1.71/1000 gallon total flow at border meter.Penalty for late payment of sewer/water bills -15% after 45 days from billing date. Interest at 8% on unpaid water/sewer bills ccrtiried.Water Tum-On Water Turn-off $ 17.50 $ 17.50 Water System Repair/Rcpiacement if damage caused by property owner: Labor - Current Hourly Rate Parts - At Cost RECYCLING CHARGE Recycling Container - Initial Replacement (including sales tax) $ 22.00/ycar No Charge $ 6.50 each Brush Drop Off Fee $ 3.00 per cubic yard $ 1.00 minimum fee PUlGO . . lui_____________JL. PUBLIC WORKS DEPARTMENT MISCELLANKOUS CIIARGKS (CON I .)I•'ccGOLF COURSE CHARGES - Effective date 1995 Season Monday thru Friday (excluding Holidays)Begin Play Before 12:00 Noon1st Nine Holes $ 7.252nd Nine Holes $ 5>00After 12:00 Noon and Weekend Rates1st Nine Holes $ 8-752nd Nine Holes $ 6*75 FALL RATESBeginning Sept. 1st the iiiuniing rate would extend to all day Mon.-Fri.Weekend rate would remain the same.League Rates Monday thru Friday $ 8.25Senior Citizen (Over 60 years old)Begin Play Before 12:00 Noon • Weekdays1st Nine Holes $ 5.002nd Nine Holes $ 5.00Season Ticket (Senior Citizens Only)$125.00GOLF CART RENTAL Motorized:1st Nine Holes (After 12:00 & Weekends) $ 10.002nd Nine Holes $ 8.00 Begin Play Before 12:00 Noon 1st Nine Holes 2nd Nine Holes Pull Carts - Per Round Golf clubs - Per Round $ 7.00 $ 7.00 $ 2.00 $ 2.50 STUDENT RATE (AGES 12 - 17) Begin Play Before Noon Monday • Friday, Excluding Holidays 1st Nine Holes 2nd Nine Holes $ 5.00 $ 5.00 CONCESSIONS As Posted r Pimi.ir WORKS DKPARTMKNP MISCKl.LANKOt’S CHARGES (CONT.)PUBLIC WORKS SUPPLIES & SERVICES FeeStreet or Traffic Si|tns (sale includes installatiuii)Driveway Culverts (sale only, not installed)Water Meter Sales (See Building Permit Section)$ 75.00/std. sign On Quo>c PiisisTemporary No Parking Signs (with lath)$ 1.00 eachDriveway/Curb-Cut PermitsIndividual Driveways 30.00/pcrmitNew Street Intersections (See zoning section - Special iniprovcinent fees)SECTION 2. This ordiMnee csublishihg lire 1995 Em Schedule shuU he published in Ihe Laker and rioneer Newspaper and shall be etfeelive the week uf January 2, 1995.______________, 1994.Adopted by the City Council of the City of Orono on this ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk Suiiimarv ordinance published in tin i : Pioneer newspaper the week of r ORDINANCE NUMBER , SECOND SERIES SUMMARY APPROVED The Council hereby determines that the text ; the summary of this ordinance marked "Official Summary of Ordinance Number ___, Second Series," and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that the publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. r t I- i* t i r OFFICIAL SLTVIMARY OF ORDINANCE NXMBER___, SECOND SERIES ORDINANCE NO. , SECOND SERIES AN ORDINANCE ADOPTING THE 1995 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 123, SECOND SERIES and NO. 124, SECOND SERIES. The following is the official summary of Ordinance Number__ approved by the City Council of the City of Orono on ---------------------. 1994. , Second Series The following section have changes, additions and/or deletions: DESCRIPTION 1994 FEE rn\:sTi»iirTinN PERMITS AND LNSPECTION FEES MUNICIPAL CONNECTION PERMIT Water 5/8" meter including sales tax 3/4" meter including sales tax 1" meter including sales tax $133.00 $181.00 $235.00 ¥ IPFIMSES & MISCELLANEOUS CHARGES General Administrative Documents Reprint of Oversized Documents that have been microfilmed $ 2.50 PiiRl.ir WORKS DEPARTMENT MISCELLANEOUS CHARGES 1 unity .Seivice Rates - Effective beginning First Quarter 1995 MUNICIPAL SEWER RATE by unit; 1st each add’! by flow; $ 66.55/qtr $ 60.25/qtr $ 2.50/1000 gailon plus $6.35 per qtr per connection 1995 FEE $135.00 $185.00 $240.00 Cost of service + Messenger Service + Min. Clerical Fee $ 69.90/per qtr $ 63.25/per qtr $ 2.63/1000 gal $6.65 per quarter per conn. 1 J DESCRIPTION 1994 FEE 1995 FEE PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Continued Utility Service Rates - Effective beginning First Quarter 1995 Continued Stubbs Bay Area un-Connected Properties $ 30.15/qtr $ 31.65/per qtr MUNICIPAL WATER RATES Navarre Area Billing & Ready to Serve Chg w ater Usage Rate Unconnected Property Chg (ready to seiv'e/hydrant chg) Hwv 12 Area Billing & Ready to Sene Chg Water Usage Rate Unconnected Property Chg (ready to serve/hydrant chg) Chevy Chase Area Billing & Ready to Serve Chg Water Usage Rate Unconnected Property Chg (ready to ser\’e/hydrant chg) Bulk sale to Minnetonka Beach for Lafayette Ridge Area Area #1 rate total flow at border meter. $ 19.15/qtr S 1.63/1000 gal S 19.15/qtr $ 7.05/qtr $ 2.26/1000 eal -0- $ 7.05/qtr $ 1.80/1000 eal -0- $ 15.55/qtr + $ 1.27/1000 gal $ 20.10/qtr $ 1.71/1000 gal $ 20.10/qtr $ 7.40/qtr S 2.37/1000 gal -0- $ 7.40/qtr $ 1.89/1000 gal $ 1.89 $ 20.10/qtr + S 1.71/1000 gal RECYCLING CHARGE $ 16.00/year $ 22.00/year DESCRIPTION 1994 FEE PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Continued GOLF COURSE CHARGES Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon 1st Nine Holes 2nd Nine Holes $ 7.00 $ 5.00 After 12:00 Noon and Weekend Rates 1st Nine Holes 2nd Nine Holes $ 8.50 $ 6.00 Fall Rates League Rates Monday thru Friday Season Ticket (Senior citizens Only) $ 8.00 $120.00 GOLF CART RENTAL Monday thru Friday (Excluding Holidays) 1st Nine Holes $ 6.00 1995 FEE $ 7.25 $ 5.00 $ 8.75 $ 6.25 Beginning Sept. 1st the morning rate would extend to all day Mon.-Fri. Weekend rates would remain the same. $ 8.25 $125.00 Deleted A printed copy of the 1995 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk during regular office hours. This ordinance becomes effective the week of January 2, 1995. Adopted by the City Council of the City of Orono on this___day of December, 1994, by a vote of___ayes and ____nays. ATTEST: Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk I’ote ' REQUEST FOR COUNCIL ACTION DATE: December 7, 1^4^^^ ITEM NO; ^ ' j Department Approval: jy Name Tom Kuehn Title Finance Director Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: ... • j Authorization to disburse City funds for claims received Attachment: This month we have onlv one Council meeting, scheduled for Monday December 12th. The second Council meeting, which fails on or near the Christmas holiday, has been can celled in line with previous years practices. We wili have the next scheduled Councii meeline on Mondav, J.anuary 9. 1995. We therefore are requesting authori^ition to do a normafclaims processing for the canceled Council meeting. This practice has been done in December each year with the Council then formally approving Ihe claims at the hrst meeting in Januar>' of the following year. at the January 9. 1995 regular Council meeting. , seconded by.. to authorize the CityPROPOSFD MOTION: - Moved by,_ _ . - - ^ i Treasurer to disburse funds in payment of claims received for the December _7th Counci meeting, which has been canceled and that such paid claims are to be presented at the Januarv 9. 1995 regular Council meeting for fomial approval. Ayes-----, i a>s------. 4 i i 1 ! i t: REQUEST FOR COUNCIL ACTION r...D^C . ' ■ DATE: December 7,1994 ITEM NOlO: 3 0 Department Approval: Name Tom Kuehn Title Finance Director Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: 1995 Application for Coverage Under the LMCIT Self-Insurance Worker's Compensation Plan Attachment: 1.) 2.) Application for Coverage Fomi Estimated 1994 Premium Quotation We have received the renewal premium quotation for worker compensation insurance from the League of Minnesota Cities Insurance Trust {L\iCIT) for the year 1995. The gross premium for 1995 is $63,761, which is reduced by our experience modification of .71 and a premium discount of 8%, resulting in a net initial premium of $41,444. This is an increase of $4,090 or 10.9% over the 1994 initial premium. The increase is due to an adjustment of our experience modification factor from .60 in 1994 to .71 in 1995. I he net initial premium was $37,354 lor 1994 and was $46,178 tor 1993 i COUNCIL ACTION REQUESTED: Approval of application for coverage and award of worker compensation insurance to the LMCIT for 1995. . seconded bv.. to approve the 1995PROPOSED MOTION: - Moved by,__ .Application for Coverage under the LMCIT Self-Insured Worker's Compensation Plan and award the 1995 worker compensation insurance to the LMCIT for the initial net premium of $41,444. effecti\e Januaiy 1. 1995. .Ayes___. Nays____. League of Minnesota Cities Insurance TrustGroup Self-Insured Workers' Compensation PlanAdministratorBerkley Administrators S member of th0 Berkley Risk Management Services Group P.O.Box 59143 Minneapolis, MN 55459-0143 Phone (612) 544-0311 <;<»lf-Tn<mred Workers' Compensation Quotat ion (RENEWAL of Agreement No. 02-000362-9) ORONO 01/01/1995 01/01/1996 1 STREET CONSTRUCTION & MAINTENANCE WATERWORKS POLICE CLERICAL PARKS MUNICIPAL EMPLOYEES ELECTED OR APPOINTED OFFICIALS ANIMAL CONTROL CLUB-COUNTRY/GOLF ESTIMATED DEPOSIT CODE RATE PAYROLL PREMIUM 5506 7.20 238^00.17165. 7520 5.72 52600.3009. 7720 5.23 642000.33577. 8810 0.65 262700.1708. 9102 A.09 15600.638. 9A10 1.85 305700.5655. 9A11 0.69 18200.126. 8831 2.77 lOOOO.277. 9060 3.18 50500.1606. Manual Premium 63761. Experience Modification 0.71 Standard Premium 45270. Managed Care Credit 07.0. Deductible Credit 07.0. Premium iDiscount 3826. Discounted Standard Premium 41444. : Insurance Trust Discount 07.0. Net Deposit Premium 41444. The foregoing quotniion is for a deposit premium based on your estimate ot payroll, f premium will be computed after an audit of payroll subsequent to the close '>• your will be subject to revisions in rates, payrolls and expenence modification, the the LMCIT Workers' Compensation Plan, you will be eligible to participate m distributions Trust based upon claims experience and earnings of the Trust. If vou desire the coverage offered above, please complete the enclosed return it and your check for the deposit premium (made payable to the LMC Insurance Trust) to Administrator, Berkley Administrators. BA 44ICG (12/92) , ■H ) ( League of Minnesota Cities Insurance Trust""•rc'JO SeiMnsured Workers' Compensaiion P.anAdministrator -W0\ cl ---•................Berkley Crcua POBox59I« Minn...apote,MN 55459-01« Phone (612) 544-0311 AdministratorBerkley AdministratorsMemoer cf VV. R. Send^y Grcua r. vnTirF OF OPTIONS t.-n» ^TA\T).\pn PRFMIUMS OF ^Zr.nno - -^50,000 The -C.ty' ORQNO P a BOX 66 CRYSTAL BAY A^.-eemen: r:o . A^reemert ?encs r'orrv To: 02-000362-10 01/01/1995 01/01/1996 CRYSTAL BAY MN 55383-0000 Deductibleoplionsere now available in relurn Enclosed is a quotation of $ 45570 ■ The deductible will apply fnr T nremium credit applied to vour estimated standard premium ot i 45270. per ocTurn« to paid medical co^ As an alternative, cities with a standard premiura J" times the minimum options. The final net cost under the ‘edited standard premium limes the maximum factor, factor plus losses and all loss-related costs. ..Moated pavroll. would be between the minimum and maximum The net cost for each retro option based on . Adiustments will be made approximately six months alter the ^ose of "elm^nfy'em a^^^^ on audited payroll amounts and reserved as well as paid losses. . . vnii wish lo selcct You muv choose onlv one. and you cannot changePlease indicate below i..e premium option >ou wish to options during the agreement period. OPTIONS 1 □ Regular Premium Option Deductible Options: Deductible npr Occurrence '* s:fo 500 l .000 :.500 5.000 10.000 N FT np.posrr prp.mu 'M 41A44. 2 D 3 □ 4 □ 5 □ 6 □ ■7 □ Premium Credit Credit Amount C\905. 4^1-1811. 5^c 2264. 9"t 4074. lire 5432. 7696. ions: 8 9 □ 10 O Retro-Rated Vlinimijm Factor 09.9‘7fc 66.9<rc 61.2rc Est. .Minimum Premium 3i6*f4. 30286. 27705. Maximum Factor 115‘T 125^f 150^c 40539. 39633. 39131. 37370. 36012. 33748. Est. .Maximum (See =1 aoo^ e Premium for net depo<H 52061. premiumi 56588. 67905. lU I—J to the L.MCIT. Signature For more information on Title Date the ptemium options that apply to your city, refer to the enclosed •:re .REQUEST FOR COUNCIL ACTION ■9fCy-^ iff DATE: December?, 1994 ITEM NO: Department Approval: Administrator Reviewed: Agenda Section: Name Tom Kuehn L //. City Administrator's Title Finance Director^ rV/y n Report Item Description: 1994 Interfund Transfers and Loan Payments Attachment: Schedule of 1994 Interfund Transfers and Loan Payments At the end of each year the Council is requested to authorize transfer of monies between funds. These transactions fall into two categories: 1. ) Budgeted Tranfers - Items designated in that year’s budget when originally adopted for the purpose of providing support from one fund to another. 2. ) Fund Obligations - Loans and payment from one fund to another to reim burse e.xpenses incurred by one fund on behalf of another. This is generally for City portions of special assessments. COUNCIL ACTION REQUESTED: Approval of transfers as indicated on the attached schedule PROPOSED MOTION: - Moved by,____. seconded by.____. to approve the inter fund operating transfers. loan payments and special assessment payments on City owned property as presented, effective December 31. 1994. .Ayes____. Nays___. 1(3 SCHCDULF OF 1994 INTFRFUND TRANSFERS AND [.PAN PAYMFNTS TO FL^D Imp and Equip Outlay AMOirNT IMJRF^OSF S64.900.00 Annual operating transfer for capital equipment purchases, as budgeted. Pennanent Imp Revolving $ 1.615 00 1985 Improvement Bond Debt Serv'ice S 5.062.00 Final payment for City sliare of costs of Woodhill Ave. Street improvement project. (Princ S1,494. Int $121) Budgeted payment. 9th of 15 for special assessments re: sani- taiy sewer on City owned property in Crystal Bay (Princ $3!o80. Int*$I,982.) Bal o/s 12-31 -94 SI 8.455 Annual operating transfer for debt serv ice support of HRi*\ Building Bonds, as budgeted Transfer of 1994 special assessments collected to repay monies borrowed for Co. Rd. 15 street light project. Balance o/s 12/31/94 SI0.043.39 REQUESTING CONVEYANCE OF TAX FORFEIT LANDS FOR PUBLIC USE BY THE CITY OF ORONO WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota,* and WHEREAS, pursuant to Minnesota Statute 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non-payment of real estate taxes, and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount'of outstanding special assessment remaining unpaid to the City, and/or for possible public use by the City as authorized by the stamtes. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orono, pursuant to Minnesota Statute Section 282.01, Subdivision 1, hereby applies to the Hennepin County board of Commissioners and to the Commissioner ot Revenue for conveyance of the following tax forfeited land to the City for public use by the City of Orono. PARCEL RETAINED FOR USE BY THE CITY District PIP.Public Purpose 38 07-117-23 23 0001 Open Space held Adopted by the City Council of the City of Orono. .Minnesota at a regular meeting . 1994. by a vote of___ayes and____nays. Edward J. Callahan. Jr.. Mayor ATTESr. Dorothy M. Hallin. City Clerk 1 j »>■ L ‘■'’avf.. REQUEST FOR COUNCIL ACTION % ?Joo DATE: Decembers', ITEM NO:J Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: city Administrator ’s Report Item Description: Replacement of Police Department Computer The 1994 Police Department budget included $2,500 for the purchase of equipment, the major portion of which was to replace a computer and purchase a printer. The current computer is six years old and is not compatible with current 'cfiware. The cost of the computer and a card to enable communication with the State Police Records System is $2,105. Tlie cost of the printer is $.‘^50. The purchase of the computer was delayed until year-end to ensure the overall police budget remained within authori'.ed limits. COUNCIL ACTION REQI ESTED: Motion to approve the expenditure of $2,455 from the Police Capital Equipment account for the purchase of a computer and printer. '''•f request for council action DATE: December 8, 1994 ITEM NO: 3^ Department Approval: Name Dorothy Hal I in Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval On-Sale Non.Intoxica.ing MaU Liquor Orono Goif Commercial Kennel License Residential Kennel License (1994 and 1995) 1995 Residential Kennel License COUNCIL ACTION REQUESTED: Motion to approve licenses listed above The Dog House Boarding Kennels, Inc D. Brian & Cathy L. Fulmer 3505 Wayzata Boulevard Jayne Paasch 2150 Kenwood Way Wayne E. & Gayle D. Canier 1376 North Arm Drive Wilfred Hover & H. Zohara 565 Hanlon Avenue Date:November 28, 1994 it. To:Ron Moorse, City Administrator From:Steve Sullivem, Chief of Police'^^J^ Subject:Liquor License Renewal I have reviewed the application from Mr. Ron Steffenhaqen on behalf of the Orono Golf Course. After conducting routine background investigation, I have no objection to the issuance of the liquor license renewal. ■w l*«rn! Nn. - \..H .■»;.»« i»» H.tj.i i «m*» s,a\..II M>M I»|—I “tl.N * I fCim r^. • «■ RETAIL “ON SALE’ O'tco c? :^tatc o( itliuucsota, ( ^ COU.YTV OF . . -----) ...----------------------------OF To the Qr.'-'l Cle-=c«-^........ ot tho .............ol...... Slate of Minnesota:......................................... Slate of .umncsoia: \ ^ vVfV:3,€:>J . VT.'t. « ................................... O (OC >{e:A Ml............................................ ................................... 9tll .......:................ At Retail Only, Non-Intoxicatin(r Malt Liquors, 04 ths ...HM ar4 <i4/?n4J. by Ulv. for consumplicn -OX" thou ccri^ premium in thf CLvTM. ....... ...................of .........C>.^P.b-'A (UMcrihrd as follctv$, to-uil: CiSee ?• Ofe^>oo 0't?a^v^i (4, at whUh pUieo taid applU-ant... operato thr btuines$ of ..../L\ogA.e.^>«!V *n ••••#« ^ and to tfuit tnd ^epretent and ttats follows* That .aid appli.-ant ............ of thr United Statr,. of (.^t moral characUr andrepuU. andhn attairud thr ag. of tJ yrar.; that proprirtor of ths ctahl dMnrnt for u h,rh Ihr Uoenu wilt bo iosuod if this appUootion it grantrd. That no manufartnrtr of tuch n.^n-into.iwating nuilt liquor, has any mi ner.hip, in whole or In port. in taid lusin^^M of taid avriicant or any intrrett thsrfin; That -aid opolicant make this appU- atum pur.uant and tuhjtrl to all the laws of the State of o\!inn^totti •'nd fh^ nrflirt.inrr^ and rrgtilations of mid • ............ arrti^oM- thereto. uhUh .ue hereby ma.U a part hereof, and hereby agree to ob.en-e and obey the ,ams; ltu«« if%«•••• »•»•*•* I •t«»*4**«4*'4 . •« • 4«» 4 #«•••♦•••••• - 4 - Foih arplwoni f.n/i« u.ilo ihol he the iomm.-m cowoi o) humwin and fa JuW I ol ,mh ■m • e.-dwt ira, su.d appluani Jll hoiC pan! the I rdaal Ou upaiional 7.i« u, me lU.n au of . Ihohal. luhmco and / nr.unn for a rciati dciticf^ DdUi _ , 19 jm-J 1 KEHtlEL LICENSE APPLICATION 1 1 to Decenoer 31/Effective January 1/ Owner: T). AtA/ Proper-.y Address (include city anc nr?i JLiiOiLV^r I-A^ )S^ ’ • ?s: n 0 rESIDBJJTIAL Kennel License j (paynent must accompany .. - work ) Maximum Mo. of dogs to be kept at one t—.e. (over 3 months of age) w> » * -•'wMi.*^•. rr• * ••*"! tU U .• f Principal Breed: / purpose for more than 2 dogs: Dogs normally kept: inside •i kennel structure X w* '™RCIAL Ksnnel License _ ^ = ° (payment must ac-jii-y°* . :^,.c;.;.:.ss .activities etc.; egjxiMU (phone Dog runs/exercise areas are:inside outside y_.^Q .-V. " . ,,..-;o.n to the crono Citv The undersigned hereby maxes ^ e*d on this form; ti'.e r-^inc*^ for a Kennel License as r „ive onV/<_ounc..- ~T ___• ~-rir a xenne. ----------- -- “ %-v- - I (c..- A i'^nnel License as. - - -- - - - c-= • vs onIv und^rsVcned^ackncwieoces ^v“^ oVate and does not grant any ^ _y,e undersigend herecy Ci-v ordinance or otner law ^ c- the oremises prior to grants the '=—;/? a^-" a-/ cth'er 'reasonable time during tne license approva. cned agrees to aoiae license duration; anc V‘r Jo'chaoter 5.36 including any spec.a- requirements of C'~-v* Counci 1 as part or any •< “conditions imposed by w..e c--/ license approVsi* tAcssi Date Applicant vor Citv Ms^g^nlv^ ^ , . Kennel insp<-c-f*.^rv-id4 Date /U./» ^ Recorrjnends Approval—t— Cenial ---- ! I i ■ i ‘i ■Mi’ Effective January j., kennel license application . ^ ^ 19 to Decenber 3i/ 19 wner: vOwner; \ y f -- - - - - - - - - - -—- -;•- - - - - « _ / xj •O/.t''/'. !■/\Ln'-^~frA. tC'I Prooertv Address: 6 /AvCA*::t*-^- - -—-i- - 7^7 7 (Include city ana tipi ‘ U ^ Mailing Address (if different): Phone: (hcr.e ) ^71“ ^ ^- - (work) RESIDENTIAL Kennel License Information: S^^.OO (payment must accompany applica ^c Maximum No. of dogs to be kept at one tine:.^^- - (over 3 months or 2.90) ^ Principal n-a-d. - -c- -T purpose for more than 2 dogs:_u' '' Dogs normally kept: structure COMMERCIM. Kennel License , Sr50-0° (pastnenc must accompany appl-cat.a.o . J . • ) I • T " z* ^» r* • *•««•* V V' V' *. V w J> u*^. • ^ . w' V V V w* --Cjt Name of Business: w V • -V • m • W‘V • -fe—r. r ^ ^ • I « ' . < • ^mW - - . • • * • • • • • , • •• • Z •«* • ‘ ^* Business Activities: (example: boarding, oreeaing, /e-e.-..^.,retai11 etc.) Normal Business Hours:_ _ _ _ _ After Hours Contact: (name)_ (phone) Dog runs/exercise areas are:inside outside both Tbe undersigned hereby makes ^pp 1 icatj._oj^ to the ^Orono ^ 11 ty council for a Kennel ^er-^Vl is iei'missive only undersioned ackr.owlecces I" /, oV,. 1 a-v oiovision of any and does not grant any 'loatfcr rhe undersicend hereby City ordinance or other law - hi o'=mi ses trior tothe Citv oermisssion to inSwec_ ^ne p-_mi „i_-c.anwS <~n i- arv cth®’' reasonaoxe time du.--nw -n t)«nL^ dur^r^nl ^a':ll Vhl'^^unders-igned agrees ;.o^eb^ide ^by^tne as-p-aV='of any kennel license approval. //-3cj - yy DateAppl^'^nt vr,r (Ditv Use Only Kennel inspected by yJ ■; *’?‘:i;:Date / Recommends Approval.^'— Denial KENNEL LICENSE APPLICATION Effective Janu.-.ry 1, 19Jv_ to December 3i, 19_2V Owner; \ ! - - - - - -——- - -:: . property HUiu.'^' ^ ‘>W ^^~yk l (include city and zipr J V Mailing Address (if different); Phone; (home) V 7/- ^ ^(work) RESIDENTIAL Kennel License Information: S25.00 (payment must accompany application; Maximum No. of dogs to be kept at one time;_^ (over 3 months of age) Principal ni-^^d ♦ purpose for more than 2 dogs:^. , Dogs normally kept: ^inside --------kennel structure Naine of Business: * Business Activities; - - (example: boarding, oreeding,veterinary care^ retaiTT etcT) Normal Business Hours: After Hours Contact: (name)(phone) Dog runs/exercise areas are;inside _ _ _outside _^both The undersigned as^sVec^Vfe'd o'^n this the Council for a Kennel • vennel license is permissive only undersigned acknowledges ^ violate any orovision of any and does not any author t/^toto-.he undersigend hereby City Ordinance or other i ^he oremises prior to grants the City permissston to tnspa ; P thelicense approval and at any otner^reasor^^^^ license duration, an - chanter 5,36 includino any special "rdi"To®ns“imposed'bV the City'Council as part of any kenne license approval. Appli^cant For City Use Only Kennel inspected by nj fc£nat-p M-j i j ^ ^ Recommends Approval_p^Denial 1 I ( L 1kennel license application Effective January 1» Decemoer 19—2 m ov«5J/: 3 0~- // .f Property ‘'Address;/ // .. *// ’ .0 // (include ci*‘y ana uip) Mailing Address (if difrercnt); Phone; (home)(work) RESIDENTIAL Kennel License Information; S25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time; (over 3 months of age) / Principal Breed;O'/?/ z-' / _ _ Purpose for more than 2 dcgs:0 ' » V » _ _ _ _ _ _^_ _ _ _ _ _ _-_- Dogs normally kept;inside kennel structure COMMERCIAL Kennel License Information; S150.00 (payment must accompany application)jrr* -’1 Name of Business; Vii.V.w •.* " A* ** . > .-Cm Business Activities:Business • ._ _ --— - - --- - - -- (example: boarding, breedir.c, vererrnary c»re, Normal Business Hours:____________________________________ ■rrri-'-1%-A riu -.-V -.••-•* ■ i" I, ^ . - - After Hours Contact; (name) (phone) Dog runs/exercise areas are;inside outside ___both The undersigned .'•ereby maxes application to th^e Orcno City council for a Kennel License as specified on. o^'y an"doer'r;t°;;rnra^.fau:hority lo violate any provision of any City SrdinancI or othir law or regulation, ^the undersigend her^ t:he Ci^v crmisss 1 on to inspSww s-...e pr^niis ^ license tpptoVa 1 and at any ot.her reasonable license approval. y A CL. / / .. .7 /4.^ .supplicant Date For City Use Only Kennel inspected bv ^Date iZh/f^ Recommends Approval / Denial : m Ca f *C HAPPY ! ' HOLIDAYS ! 1 ! I i. ACCOUNT tt 0r>49-4320 INVOICE PO NUM.002110 MANUAt.OH•0249-4342 9272-35 OH0129-4340 5216906067 OH0039-42100174-4210 570750570759 OHOH0249-4233 60400 OH029D-434H 150614 OHOr.90-43430099-4343 150561150509 OHOH0129-4341 68101 oir9673-160003B7-43050357-43050360- 43050361- 4306 0360-4305 0355-4305 9001-1299 3127031269312663126531264 J1267 31263 031262 OHOHOHOHOH OH OH OH 0129-4210 46909 OH 0249-4320 002090 OH 0129-4356 002095 OH 0129-4341 5157R OH 0174-4210 0590-4356 002140 002140 OH OH O32019 $246.10*032020 1994/12/12 $734.98 $734.98*032021 1994/12/12 $189.87$189.87* 032022 1994/12/12 $15.00$15.00* 032023 1994/12/12 $38.23 $38.23* 032024 1994/12/12 $1.44 $1.44* 032Ci 1994/12/12 $315.00 $315.00* 03202t 1 14/12/12 $4.89 $4.89* 032027 1994/12/12 1994/12/12 1994/12/12 1994/12/12 $7.85 $2.61 $1,535.18 $511.73 $2,067.37* 032034032035 032036 COUNCIL CHECK REGISTER Thu Dec 8 1994 CHECK NO CHECK DATE CHECK AMOUNT1994/12/121994/12/121994/12/121994/12/121994/12/121994/12/121994/12/12 1994/12/12 )994/12/121994/12/121994/12/121994/12/121994/12/121994/12/121994/12/121994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 $5,265.00$5,265.00*$152.45$152.45*$162.61$162.61*$11,706.06$11,706.06*$2,918.19$2,918.19*$65.00$65.00*$80.00$160.00$80.00$320.00*$2.60$15.49$51.54$118.87$15.49$67.46$2.60$274.05* $308.00 $308.00* $56.93 $39.77 $9.17 $2.57 $4.76 $113.20* $1,184.00 $1,184.00* $5.32 $4.48 $9.80* 01:28:52 VENDORE-Z RECYCLING DESCRIPTION NOVEMBER SERVICE ACCOUNT It 0295-4392 INVOICE002100FAST GLASS INCFEED RITE CONTROLS REPAIR SQUAD «169CHLORINEFIRST NATIONAL DANK OF FIT, FICA, MEDCR W/HFIRST NATIONAL BANK OF CITY SHARE PICA, MEDPRITZLER J MARKFROST, SHERRY R. FHO.ST, SHERRY R. FROST, SHERRY R.G fc K SERVICES G & K SERVICES G i. K SERVICES G h K SERVICES G fc K SERVICES G fc K SERVICES G fc K SERVICES DERETTA SIGHT ADJ TOPARK COMMISSION MTNU COUNCIL MEETING MINU PLANNING COMMISSIONSTEFFENHAGEN RATHBUN, QUA.ST STREET DEPT EMPLOYEE FLOOR MATS RATHBUN, QUAST STREET DEPT EMPLOYEE STEFFENHAGEN 0129-43410549-42349999-20309999-20320129-42320290-43060039-43060174-43060590 0549 024 9 0129 0569 0249 0590 4221422142214343422142214221 GATEWAY SAFETY PROD,IN SAFETY FLARES 0129-4232 GENUINE GENUINE GENUINE GE.NUINE GENUINE PARTS CO PARTS CO PARTS CO PARTS CO PARTS CO MISC MISC MISC MISC MISC PARTS PARTS PARTS PARTS PARTS 0290 054 9 0569 024 9 0569 4232 4232 4232 4232 4234 GREAT WEST LIFE ASSURA DEF COMP W/H HASEMAN, CAROLE JIASEMAN, CAROLE $16.20 HENN CO TREASURER REIMBURSE MILEAGE-HA REIMBURSE MILEAGE-HA TREE WASTE-OCT 9999-2030 0040-4381 0039-4381 0249-4391 1234G74804900213400213367501002107002107002107321300321310321309321326317573317572317571 3512 002103 002103 002103 002103 002103 002136 002105 002105 23142 Page 3PO NUM. MANUA'LOH •V46 4Vt COUNCIL CHECK REGISTER Thu Dec 8 1994 01:28:52CHECK NO CHECK DATE CHECK AMOUNT VENDOR03205C032057032058032059032060032061032062032063 032064 032065 1994/12/12 $25.00$25.00*LAW ENFORCEMENT LAIAOR DESCRIPTION DEC DUES-DORIS1994/12/121994/12/121994/12/121994/12/12 $1.840.00 $1,228.00 $3,874.00 $34,502.00 $41,444.00*LMCIT-BERKLEY ADMIN LMCIT-BERKLEY ADMIN LMCIT-BERKLEY ADMIN LMCIT-BERKLEY ADMIN 1995 WORK COMP INS. 1995 WORK COMP IN.5 1995 WORK COMP IN.5 1995 WORK COMP INS1994/12/121994/12/121994/12/121994/12/121994/12/121994/12/12 $65.00$65.00*$5,827.18$5,827.18*$17.08$17.08*$12.00$12.00*$6.49$6.49*1994/12/121994/12/121994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 $3,769.09 $3,769.09* LOE'S OIL COMPANY LOGIS - SUITE 300 MADUSTH-JEANNE MAMAMCNICHOLS, DAVID$93.96$93.96*MIDWEST ASPHALT$16.99 MIDWEST liSNS PROD$17.00 MIDWEST nsNs PROD$17.00 MIDWEST DSNS PROD $49.28 MIDWEST BSNS PROD $2.08 MIDWE.ST BSNS PROD $20.57 MIDWEST DSNS PROD $277.04 MIDWEST BSNS PROD $2.08 $402.04* MIDWEST BSNS PROD OIL FILTERS SEPT DATA PROCE MILEAGE REIMDURSEMEN MAMA LUNCHES REIMBURSE FOR MEAL-F PATCHING FOR STREETSMISCMISCMISC MISC MISC MISC MISC MISC SUPPLIESSUPPLIESSUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES 032066 1994/12/12 $32.00 $32.00* MN 1994/12/12 $41.00 MN 032067 1994/12/12 $6.00 $47.00* MN 032068 1994/12/12 $100.00 $100.00* MN MINNESOTA DEPT OF REVE STATE TAX W/H MN DEPARTMENT OF COMME NOTARY PUBLIC RENEWA SALES TAX-NOV SALES TAX-NOV MN STATE RETIREMENT-DE DEF COMP W/H ACCOUNT INVOIC9999-2030 0021399672- 1280 9674-12809673- 1280 9001-1280 0021400021400021480021400249-4220 07069001-1299 AR09940174-4381 0020970039-4356 0021090129-4356 0020940249-4233 203310174-42100039-42100069-4210 0129-4210 0069-4210 0174-4210 0129-4210 0039-4210 954222954222954222954222 957084 957084 957084 957084 9999-2030 002135 0129-4380 002113 9001-3527 9001-3500 002110 002118 9999-2030 002129 PO NUM.Page 5, MANUAL*OHOHOHOHOHOHOHOHOHOHOHOHOHOHOH OH OH OH OH OH OH OH OK OH 1COUNCIL CHECK REGISTER Thu Dec 8 1994 01:2fl:S2CHECK NO CHECK DATE CHECK AMOUNT VENDOR032069032070032071032072032073032074032075032076032077 032071 1994/12/121994/12/121994/12/121994/12/121994/12/121994/12/121994/12/121994/12/121994/12/121994/12/121994/12/121994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/1? 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 r $32.00$32.00*$712.18$712.18*$16.73$16.73*$90.20$90.20*$31.50$13.50$45.00*$50.00$50.00*$3,094.89$3,094.89*$45.00$45.00*$235.00$235.00*$22$16 $6 $42 $29 $41 $64 $6 $2 $82 $24 $336 .34 . 15 .50 .00 .09 .85 .24 .11 .29 .31 . 00 .88* $1,083.45 $894.37 $1,884.80 $22.38 $82.94 $268.98 $396.08 $9.42 MN STATE TREASURER MORAN,MARK MOROWCZYNSKI/JAMES MOTOROLA INC DESCRIPTION NOTARY PUBLIC RENEWA COURT APPEARANCE-MAR REIMBURSE EXPENSES-M 3 BATTERIES FOR RADIMPLS OXYGEN CO MPLS OXYGEN CO OXYGEN-STREETS OXYGEN-MEDICALAD IN PROFESSIONAL F CAB FOR GROUNDMASTERMPLS/ST. PAUL PROFESSI MTI DIST CO MULLER-PRIBYL UTILITIE LOCATING URD SERVICE NATIONAL AUTOMATIC SPR REPAIR COMPRESSORNAVARRENAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE TRUETRUETRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE VALUEVALUEVALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE VALUE MISCMISCMISC MISC MISC MISC MISC MISC MISC MISC MISC SUPPLIESSUPPLIESSUPPLIES PARTS SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES N.SP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP COSTS COSTS COSTS COSTS COSTS COSTS COSTS COSTS Page CACCOUNT #INVOICE PO NUM. MANUAL—0039-4380 002112 OH1-0129-1306 002108 OK0129-4381 002142 OH0174-4232 W2952022 OH0249-4233 111940860 OH/*\t ff0129-4232 111940861 OH0590-4323 002122 OH0634-4560 473494 OH0099-4324 56656 OH0549-4345 0000319 OH0174-4232 002138 OH 110249-4232 002138 OH0249-4233 002138 OHff 0129-4232 002138 OH ff 0280-4232 002138 OH ^%ff t 0040-4210 002138 OH 0099-4231 002138 OH ff 0590-4232 002138 OH JT\t ff 0569-4 34 002138 OH ^Nff ff 0549-4231 002138 OH ff 05'»9-4232 002138 OH 0099-4324 002146 OH 0569-4324 002146 OH 0549-4324 002146 OH 0290-4324 002146 OH 0590-4324 002146 OH 0249-4324 002146 OH 0129-4324 002146 OH 0175-4324 002146 OH • . ••COUNCIL CHECK REGISTER Thu Doc 8 1904 01:28 :52CHECK NO DESCRIPTION ACCOUNT H03207904,642.42*1994/12/12 $1,094.15 NSP STREET LIGHT DILL-NO 0249-4325032080$1,098.lb*1994/12/121994/12/12 $4 .49 $IS.77 OESON, JOHN OLSON, JOHN C.C..SUPPLIES REIMDURSEME MILEAGE REIMliURSEMEN 0069-42100069-4381032001$20.26*1994/12/12 $153.40 Ol'TICOLOR FILM t. PHOTO 100 ROLLS OF FILM 0129-4210032082$153.40*1994/12/121994/12/12 $46.86$5.50 OTTF.N IIRO.S OTTEN BROS SODSOD 0249-42330249-4233032083$52.36*1994/12/12 $84.38 PRBGCO/OUKA DEF COMP W/H 9999-2030032084$84.38*1994/12/12 $1,313.46 PED.SCO/US CONF OF MAYO DBF COMP W/H 9999-2030032085$1,313 .46*1994/12/121994/12/12 $24.00 $96.00 PF.RA INS PERA INS PERA INS-JAN PERA INS W/H-JAN 0129-41529999-2030032086$120.00*1994/12/121994/12/12 $6,815.10$5,007.04 PERAPERA PF.RA 11/21 - 12/04 PERA W/H 11/21 - 12/9999-20319999-2030032087$11,822.14* 1994/12/12 $40.04 PIONEER PUBLIC HEARING 0174-4324 032088 $40.04* 1994/12/12 $378.33 PLAISTED COMPANIES TOP DRESSING FOR GRE 0590-4231 032089 $378.33* 1994/12/12 $21.50 POSTMASTER P.O. BOX FEE 9001-1262 032090 $21.50* 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 $43.50 $129.59 $203.56 $19.53 $19.53 $37.78 $19.53 $58.53 $36.45 $10.50 PRO TIRE 6 PRO TIRE k PRO TIRE k PRO TIRE tc PRO TIRE k PRO TIRE k PRO TIRE k PRO TIRE k PRO TIRE k PRO TIRE k EXHAUST EXHAUST EXHAUST EXHAUST EXHAUST EXHAU.ST EXHAUST EXHAUST EXHAUST EXHAUST MOUNT, BALANCE »170 TIE ROD, ALIGNMENT W BRAKE JOB U170 OIL CHANGE »171 OIL CHANGEH169 REPLACE GASKET «171 OIL CHANGE ttl72 OIL CHANGE, TRANSM C OIL CHANGE, BRAKE IN TIRE REPAIR «168 0129-4341 0129-4341 0129-4341 0129-4341 0129-4341 0129-4341 0129-4341 0129-4341 0129-4341 0129-4341 032091 $578.50* INVOICE PO NUM.p.ige**7MANUAL00210100214*^002143210030-1R792fl07900002127002120002114002114002126002126 5S9 3051 002147 4408 4368 4334 4459 4081 4340 4457 3483 3482 4219 OHOHOHOHOHOHOHOHOHOHOHOH OH OH OH OH OH OH OH OH OH OH OH OH OH J COUNCIL CHECK REGISTER Thu Dec 8 1994 01:28:52 Page 3 •CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT #INVOICE PO NUM.MANUAL0320921994/12/12 $57,512.20 $57,512.20*l>ROGRES.5IVR C0N.5T PAYMENT «9 (FINAL)0409-4531 002144 •OH0320931994/12/121994/12/12 $4.62$13.07$17.69*RITZ CAMERA RITZ CAMERA FILM PROCESSING FILM PROCESSING 0129-42100129-4210 37697083760201 OHOH0320941994/12/12 $8.00 $8.00*ROLLINS OIL CO SECURITY LIGHT 0249-4324 002116 OH0320951994/12/121994/12/12 $150.00 $474.15 $624.15*SAFE BENEFITS SAFE BENEFITS SAFE BENEFITS-DEC SAFE BENEFITS-DEC 0299-43069999-2030 1289112091 OHOH0320961994/12/12 $1,260.00$1,260.00*SCHOENING EXCAVATING SWEEPING SEAL COAT R 0249-4JJI 002096 OH0320971994/12/121994/12/12 $15.7C $88.29 $104.05*STREICHERSSTREICHERS MAG & BOX AMMO FIREARMS TRAINING SU 0129-42320129-4241 99011.196320.1 OHOH0320981994/12/121994/12/12 $192.95 $282.92 $475.87*SUBUR.3AN TIRE INC SUBURf^AN TIRE INC TIRES FOR WATER TRUC NEW TIRES BUZ TRUC 0549-42320174-4341 5705356456 OHOH0320991994/12/121994/12/12 $530.11$433.72$963.83*TOWN COUNTRYTOWN « COUNTRY DECEMBER SERVICE DECEMBER SERVICE 0099-43490129-4349 002115002115 OHOH 032100 1994/12/12 $447.30 $447.30* TRI-K SPORTS BLACK DIRT 0249-4233 274 OH 032101 1994/12/12 $404.08 $404.08* U S WES"^ CELLULAR CELL PHONE-CHESWICK 0129-4320 002102 OH 032102 1994/12/12 $253.00 $253.00* ULTRAMAX AMMO 0129-4241 19204 OH 032103 1994/12/12 $34.65 $34.65* UNIFORM.S UNLIMITED SHIRT-MOROWCZYNSKI 0129-4221 471767 OH 032104 1994/12/12 $30.00 $30.00* UNITED WAY CHARITY DONATIONS W/9999-2030 002137 OH 1994/12/12 1994/12/12 1994/12/12 1994/12/12 1994/12/12 $30.05 $256.95 $56.27 $204.76 $54.46 US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS 0569-4320 0590-4320 0175-4320 0590-4320 0590-4320 002145 002145 002145 002145 002145 OH OH OH OH OH r COUNCIL CHECK REOISTER Thu Dec 8 1994 0l!28:B2 Page 9CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT #INVOICE PO NUM.MANUAL0321051994/12/121994/12/121994/12/121994/12/121994/12/121994/12/12 $05.86 $85.87 $42.93 $85.87 $85.87 $12.80 $1,001.77*US WEST US WEST US WEST US WEST US WEST US WEST COMMUNCOMMUNCOMMUNCOMMUNCOMMUNCOMMUN US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS US WEST COSTS 0039-43200059-432000C9-43200174-43200249-43200549-4320 002145002145002145002145002145002145 •OHOHOHOHOHOH0321061994/12/121994/12/12 $13.44$26.88$40.32*VEE LIN VEE LIN REIMBURSE MILEAGE-VE REIMBURSE MILEAGE-VE 0040-43810039-4381 002104002104 OHOH0321071994/12/12 $1,234.96$1,234.96*VILLAGE CHEVROLET REPAIR CLUTCH HA21 0249-4342 eves50462 OH0321081994/12/12 $162.95$162.95*WARREN SHADE SHADES FOR WINDOWS 9115-1500 198530 OH0321091994/12/12 $5.72$5.72*WATERPRO LATE FEE INV W620138 9672-1273 002119 OH$224,921.35 i COUNCIL CHECK SUMMARY Thu Dec D 1994 01.29:00 Page 1FUND N FUND N FUND il FUND R FUND N FUND R FUND R FUND « FUND i 001 GENERAL FUND $04,C58.30114IMP/EQUIP 0/L FD $3,094.89115DLDG CAP 0/L PD $102.95423MON ST AID CO/FD $33,151 .4342692 STUBBS SWR FD $57,512.20672HTR OPERATING FD $4,511.82673SWR OPERATING PD $5,327.11674G/C OPERATING FD $2,454.58999PAYROLL CLEARING $34,048.07$224,921.35 .-fj •:-r i /- • I • \ '• 12/04/94 PRs L'H PRRF.GOR 234BMP N NAMR DPT YTDCROiSi!47056652*’4696291^4475569177267460042472563051472563051474663296474663296470704904470704904475505292468629488477881539 jiCHOFNHOPF, ‘lOMN B^?KnhSD^S."i.on»ldSULLIVAN, STRPHRN X THOMTON, MARK R THOMTON, MARK R TOMCHECK, LAWRENCE P TOMCHECK, LAWRKNCP. Ftomczyk, mark WTOMCZYK, MARK W VANG, BRUCE L VEE, LINDA 3 WECKMAN, STEPHEN J 31429J31313131313131331233 11905.37 30311.01 32509.It 53121.54 38737.44 40318.8041422.11 43122.07 40757.10 42368.6232569.1829030.18 30138.79 r CURRENTGR0.5.‘436.no 140'. .23 1304 . It 2177.29 316.27 1581.36 1739.50 1699.96 1772.67 1611.52 1304.16 1042.56 1209.21 . ’].«I82,976.26 12/04/94 PR: CB PRRFGOR 234BMP n NAME4716880604716860604745633394769218194769218194718408714754438624688430084725039914695260264695260264759897214759897214688210184688210184725290074687018684687018684696865624684^083247602039746908788447466781247538015147750066647544424947746387747156986347156986347764 7279471848180 472500574 121262417 480843542 48084354? 470987727 477700023 334506281 334506281 468909535 476783251 476866274 470700901 469848107 471487919 475382983 473746173 ANDERSON, BRUCE L ANDERSON, BRUCE L BOBZIEN, SUE A BORIS, SCOTT W BORIS, SCOTT W BOSMA, JAMIE L BRINKHAUS, JOHN F CARLSON, MICHAEL B CHESWICK, GARY B CORNICK, JAMES L CORNICK, JAMES L DEMBOUSKI, JAY C DEMBOUSKI, JAY C ENGLISH III, IRVING ENGLISH III, IRVING ERICKSON, KURT R FISCHENICH, DAN T PISCHENICH, DAN T GAFPRON, MICHAEL P GERHARDSON, JOHN R GOMAN, ANITA D. GOMAN, DAVID J GREGORY, JAMES D HALLIN, DOROTHY M HANSEN, STEVEN C HANSING, CAROL JHASEMAN,JOHNSON,JOHNSON,KARNITZ,CAROLE BRADLEY P BRADLEY P RICKY D KNOLLENBERG, KRISTIN KUEHN, THOMAS M MABUSTH, JEANNE A MCNICHOLS, DAVID L MCNICHOLS, DAVID L MILLER, CHRISTOPHER MOORSE, RONALD J MOROWCZYNSKI, JAMES MOROWCZYNSKI, JAMES OBERAIGNER, SCOTT G OBRIEN, RANDY L OLSON, JOHN C. OMAN, LYLE E PALMER, GREGORY A PERSELL, WILLIAM R. QUAST, WAYNE A RATHBUN, BARRY J YTDDPT GROSS31 47271.0531 49109.6731 26327.2331 11420.6931 12730.5212 13588.6342 41355.7331 6723.9931 44365.7831 49730.3431 51548.9131 44912.9331 46580.5531 45334.5431 47093.8131 40758.5331 40903.3331 42454.5333 37807.6042 66553.0635 1724.3935 7600.9242 33461.6712 32569.3642 30853.6331 14955.8312 26911.6831 44349.1731 46041.271 4148.03 1 5644.23 5 55620.43 3 47347.34 1 41213.70 1 42719.79 5 16537.85 2 62026.07 1 41587.28 1 43279.37 2 30884.87 2 30966.72 5 12385.81 3 37609.15 2 20347.01 L 404.04 2 38268.13 2 30540.48 CURRENTGROSS1805.761918.621042.56 436.771317.83 571.12 1656.00 524.161774.56 1739.501818.57 1706.411667.62 1739.50 1759.27 1611.52 1706.321551.201513.912415.31 125.18 237.831457.44 1304.16 1394.78580.431052.32 1772.67 1692.10273.00 242.72 2227.20 1895.92 1656.69 1506.09 1088.24 2649.44 1772.67 1692.09 1394.77 1394.76 938.32 1513.91 1561.73 349.44 1930.39 1394.77 f 6 REQUEST FOR COUNCIL ACTION "^6 DATE: December 8. 1994 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Adminbtrators Report Item Description: Pay Increase for Officers Assigned to Corporal Positions At its September 26 meeting, the Council approved the Police Department reorganization that eliminated a Lieutenant position and added three Corporal positions. The corporal positions were to be filled by assigning current patrol officers who would receive a 2% pay differential for the corporal duties. The Corporal positions are to provide first line supervision in addition to performing all regular patrol officer duties. The Coiporal assignment process has now been completed. The process included interviews by a panel made up of the Police Chief, the Police Lieutenant and the City Administrator. Officers Bruce Anderson, Jim Comick, and Jay Dembouski, have been selected for assignment to the Corporal position. These assignments are to be effective January 16, 1995. Although the Corporal pay differential needs to be negotiated with the Police Officer union, the officers and union have been notified that the city has set the pay differential at 2%. d COUNCIL ACTION REQUESTED: Motion to approve the 2% pay differential for Officers Anderson, Cornick and Dembouski effective January 16, 1995. ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 21, 1994 ROLL The Orono Planning Commission met on the above date with the following members present: Co-Chair Stephen Peterson, Sandra Smith, and Dale Lindquist. Charles Schroeder, Candace Rowlette. Charles Nolan, Jr., and Janice Berg were absent. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth and Recorder Sherry Frost. Mayor Callahan and Council member J. Diann Goetten were present. Co-Chair Peterson called the meeting to order at 7:00 p.m. The public was informed that the presence of four commissioners was needed to form a quorum. The applicants were notified that any vote would be unofficial and were given the option to table their application to the January meeting. All applications reviewed and voted upon by the three member commission would continue on to the Council meeting where the public hearing would continue. (#1) #IV75 LARRY ANHALT, 2190 WAYZATA BLVD. - APPEALS - CONTINUATION OF PUBLIC HEARING The City Council requested this item be tabled to the January', 1995, meeting. Peterson moved. Lindquist seconded, to table Item #1975 for Larry Anhalt, 2190 Wayzata Blvd. to the January meeting of the Planning Commission. Ayes 3, Nays 0. (#2) #1979 RICHARD LHTLE, 1890 SHADYWOOD ROAD - VARIANCES - PUBLIC HEARING - 7:05-7:15 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth reported the application is for a lakeshore setback variance, hardcover variances in the 0-75 ’ and 75-250 ’ zones, and an additional average lakeshore setback variance. The deck which needs to be reconstructed is in front of the average lakeshore setback area. The applicant has two proposals: I) a complete rebuilding of the deck where it stood with no change in hardcover but still in excess of the hardcover limits; and 2) an expanded deck which would add 260 s f of hardcover in the 0-75 ’ zone and 169 s.f. in the 75-250 ’ zone. Mabusth said the deck has already been removed, and the original survey does not show the deck. In observing the area, Mabusth said you can tell where the deck did e.xist but the deck should be placed on a survey for the official record. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOV'^MBER 21, 1^94 (^2 - # 1979 Richard Little - Continued) The Applicant said the old deck had become hazardous. When the Applicant applied tor a permit to re-build the deck al\er it had been taken down, they were informed of the need for the variances Mrs Little said they would like to remove some bushes which attract mosquitos and place the railing one step down so their lake view is not hampered. This would require a major expansion of new structure into the lakeshore protected area. The Commissioners agreed that the original deck should be rebuilt but they would not recommend new construction within the 0-75* setback area. The Applicant asked if the deck could be increased in size within the 75-250' setback area as along as they remov^ an equal amount of easting hardcover. Smith asked about the usage of the patio area in the walkout level suggesting a possible trade of hardcover to expand the deck in the zone mentioned. Peterson said a new survey will be needed to deternune the exact location of the 0-75' zone. Lindquist moved. Smith seconded, to approve Application #1979 for a deck replacement with the understanding that the excess hardcover be no more than what is recorded at 29.8®^> in the 75-250' zone. An updated survey is also part of the approval. Ayes 3, Nays 0. (#3) #1980 A&T DEVELOPMENT, 460 PARK AVENUE - VARIANCES - PUBLIC HEARING 7:15-7:40 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth siud the property is located in the lakeshore residential zone requiring one acre area. An existing lot of record need only meet 80®/o of lot 'vidth and lot area standard. The application requires an area and lot width variance. The lot is 57 acres where .8 acre would be required The width of the lot is 100' or 71% of the 140' requirement Access to the lot is through Park Avenue, an undeveloped right-of-way at 30' in width. The property is bounded bv' Tonkawa Road on the East and Park on the West. The drainage flows to the East The access road becomes an issue as three residential units will be served The StalV would recommend an extemion of the existing paved road and a looped driveway. The final development plan must be reviewed by the Engineer. Mabusth noted that each of the four lots that make up the property was assigned a quarter unit for sewer. MINUTHS OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 21. 1994 (til - t^l980 - A&T Development - Continued) The Applicant said he would like to build a driveway on his land and not on the public right-of-way, which he does not want to develop. Neighbor, Barry Knight, who owns the private access road to the north of the property in question asked about density control of the area. Peterson said the City looks for consistency within a neighborhood for development This is a substandard area and the proposed application is consistent with the current pattern of development. Mabusth noted that this property is immediately adjacent to a rural area on the north and is located within the metro urban sew er area. Lindquist said that if this lot is determined to be buildable, the builder still has to meet other setback requirements. Lindquist moved. Smith seconded, to approve Application #1980 for A&T Development with the condition that the Applicant combine the four properties prior to application for building permit, provide detailed grading and drainage plans, and provide acceptable turnaround to be reviewed by City Engineer. Ayes 3. Nays 0. (#4) #1981 TODD R. COURNEYA, 4620 TONKAVTEW L.ANE - VARIANCES - PUBLIC HEARING 7:40-8:00 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth brought to the attention of the Comissioners a previous application for the property by the Lemmerman's to grant a variance for a new building pad. During this review, it was noted that the property was impacted by bluffs. The legal building envelope was defined with a 30' setback from the top of each blutV. The City Council directed that the site plan be included in the resolution so a future builder would know the limitations The building envelope of the property has been severely restricted by the bluffs. Mabusth said there are two propi>sals for development. Proposal A calls for a 25' street setback, 46’ from the traveled road of Tonkaview This proposal minimizes any impact on. the bluff area The deck and stairs would be 17' from the top of one bluff at the 1010 elevation A small section of principal structure would be 15' from the top of the bluff Proposal B shows structure meets the 35' setback, but bv meeting the setback, the building is pushed into the bluff .An accessory' structure would be 8' from the bluff top at the 1010 elevation. With a street setback of 25', there would be no encroachment of the biuff but an encroachment of the bluff impact zone. Staff noted accessory structures could be relocated out of bluff impact zone. The Planning Commission was asked to compare the degrees of impact of the two proposals \I1NLITI-S Ol- THE ORONO PLANNING COMMISSION meeting held on NOVEMBER 21. W94 I . (^4-2^1981 - Coumcya - Continued) Applicam, Todd Coumeya, said Proposal A fits .ha land wcU. sizing of the proposed house was suggested. parameters previously determined by the Council. Nai,hbors had previously voiced -heir concern whether .his lor of .he audience ashed “ ^ .he res.ric.ions to .he neighborhood Lmdquis. sa.d white this may ne W%""crs"o; neighbors expressing .heir Gews on his amended proposal to be presented at a later meeting. A. .he Applicanfs request. Lindquist moved. Peterson seconded, .o .able Application #1981 to the January meeting Ayes 3, Nays 0 The Certificate of Mailing and ..MlidaGt of Publication were noted. Tlie Applicant was present. Mshnsih tcDorted the Application is for a condilional-use permit required for land iltcniions over 100 cubic wards of material A vanance is required as ^^:::rwi.hin a pro.eced wetland area The ^^Vwal "et e yards of material .peat, over a ten-year per od^ larger pond uould be 25000 s f and be ^ ~ wtll use the Butterfield can onK. use approx.ma.ely 200 cubic yards each year nutterfield operates a nearby nursery and access through his property and create the ponds tor the Applicant, and receive the peat material for use in his business « I-MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 21, 1^94 I; (U5 - #1982 - Perkins - Continued) Butterfield operate.' a nearby nursery and landscaping business. Butterfield will allow access through his property and create the ponds for the Applicant, and in turn, he would receive the peat material for use in his business. The method of removal would be with a 1/2 yard backhoe, or 3/4 y^d in extreme conditions, and moved by three dump trucks, one 10-yard and two tive-yard. The holes would be 6’ deep and 50* in diameter. Butterfield would drive over the wetland ponds after it has Irozen in the winter time, dig the material, and pile it on his property for use in spring as potting material. This method is presently being used on his adjoining property. The DNR has sent literature on construction of wildlife ponds and how to rid them of reed canaiy grass and obtain aquatic vegetation. No DNR permit is required. Perkins said the ponds will have a slope of 5.1 at six foot depth. The ponds will be touched up after each dig^ng. A letter from neighbors. James and Patricia Todd, were entered into the record which gave their support of this plan Letters from the MCWD and DNR state no need tor permits from their agencies. The U.S. Army Corps ot Engineers authorized the work under conditions stipulated in their letter via a nationwide permit. Lindquist moved. Smith seconded, to approve Application #1982 for Daniel Perkins with conditions listed by City Staff and to include a yearly land alteration permit issued by Staff for excavation of peat. The excavation is not to exceed 200 cubic yards each year and must be performed during winter. Mr. Perkins is responsible for any safety problems. Ayes 3, Nays 0. (#6) #1983 TOM AND MAUREEN PALM, 1685 CONCORDIA STREET - VARIANCES - PUBLIC HEARING 8:25-8:40 P..M. The Certificate of Mailing and .Affidavit of Publication were noted. The Applicants were present. Mabusth reported the Application is for a lakeshore setback variance required tor a second story addition, an average lakeshore setback variance and hardcover variances. The existing house and addition is 24x50' located 39* from the lakeshore where 75' setback is required The structure will encroach the average lakeshore setback by 10' There will be no additional hardcover, but 28% exists in the 0-75' setback where O' is allowed, and 33®/« exists in the 75-250' setback where 25% is allowed The home is 20' wide and meets the side setback requirement. 5 MINUTES OF THE ORONO PLANNING COMMISSION :?»IEETING HELD ON NOVEMBER 21. 1994 # - #1983 - Palm - Continued) Dave Sehok of 1680 Concordia and neighbor, Helen Trainer, commented that they approved of the proposed plan. The Applicant had met with Staff to discuss their options. If they would have built to the back, the home would block the common yard of the homes on either side and result in more hardcover. The height of the proposed addition is not a problem. Photos were provided to the Commissioners on what the home will look like. The Applicant also said that the foundation had been checked and found to be in good condition when they purchased the home. The shed located to the rear of the property was discussed as a means of reducing the total hardcover on the property. Smith moved. Lindquist seconded, to approve Application #1983 for lakeshore setback variance and average lakeshore setback variance for a second-story addition. To reduce the amount of hardcover, the shed will be removed at the time of construction Ayes 3. Nays 0. (#7) #1984 STEVEN M. ENGLUND. 3855 CHERRY AVENUE - RENEWAL VARIANCE - PUBLIC HEARING 8:40-8:43 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. This application is for a renewal of a lot area variance which expired this month. The lot is located on Cherry Avenue and is consistent with the development in the area. It was noted that filling is to be limited and discouraged in the rear yard where a drainage retention area exists and evenually drains under the neighbor ’s driveway at the east. I here were no changes from the original application. Smith moved. Peterson seconded, to approve .Application #1984 for renewal variance tor Steven Englund .Ayes 3. Nays 0 (#8> #1985 BRUCE BREN HOMES, 1000 COX FARM ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING 8:43-8:48 P.M. The Certificate of Mailing and /VlTidavit of Publiatlioftwere noted. The Applicant was present. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 21. 1994 ► (#8 - #1985 - Bruce Dren Homes - Continued) Mabuslh reported the application is for a conditional-use permit as filling activities were found to be over the 100 cubic yards allowed with a building permit. A walkout is being created. The builder has amended the plans by changing the garage location to the higher elevation at the northwest comer of property The Engineer approves drainage at the north side of residence with drainage ilowing to the drainaceway along the north lot line. Drainage to the south of residence must flow away from the septic area requiring a swale between the house and septic. Staff'will require an amended grades and drainage plan. The Applicant said the filling of the property was to prepare a building pad creating a more natural look. The result of that is the walkout as the lot slopes downward towards the lake. Lindquist moved. Peterson seconded, to approve Application #1985 for a CUP with a corrected elevation, revised drainage and grading plan belore permit is granted. Ayes 3, Navs 0. PLANNING COMMISSION COMMENTS (#9) REPORT BY PLANNING COMMISSION REPRESENTATIVE AITENDING COUNCIL MEETING OF NOVEMBER 14,1994 Charles Schroeder attended the Council meeting but was not present at this meeting. (#10) 1995 CALENDAR - SCHEDULE OF MEETINGS - DISCUSSION The members present said they preferred to maintain the Monday night schedule for the Planning Comission nteeiings. (#11) OITIER ISSUES FOR DISCUSSION WESTONKA INTERVENTION PROJECT Mayor Callahan asked the Planning Commission to look at the questions presented by the proposed project relating to zoning. Would the Planning Commission want to make a change in the City’s zoning code’’ If yes, what should it be ’ Callahan said tlie Council members were not comfortable with changing the existing codes The Council concluded that a change in a zoning code would be difficult to draft and a change that will fit one situation will not fit another Callahan said the Council felt that the proposed location possessed advantages necessary for this project, which has merit. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 21, 1994 (H\\ - Other Issues - Westonka Intervention Project - Continued) Callahan and Planning Commissioners determined that a »parate meeting of the Planning Commisaon will have to be scheduled to discuss this project and contmn a public he^ng. The project will be studied at the January meeting where the Commissioners will look at options available. (#12) PLANNING COMMISSION APPROVAL OF MINUTES OF THE OCTOBER 17,1994 MEETING Lindquist moved, Peterson seconded, to approve the Minutes of the Planmng Commission Meeting of October 17, 1994. Ayes 3, Nays 0. (#13) PLANNING COMMISSION TO SELECT A REPRESENTATIVE TO ATTEND THE DECEMBER 12,1994 MEETING OF THE COUNCH. Smith will attend the December 12, 1994 City Council Meeting. ADJOURNMENT Lindquist moved, Peterson seconded, to adjourn rt 9 08 p.m. Ayes 3, Nays 0. Stephen Petereon, Co-Chair 8 .-I < I . i The Brime\er Group, Inc, ‘ XKi.'rr. t sKARv H . IT^STS ')0*4 Main >trcet. Suite 2oS Hopkim. MN 553^3 (M2; 945*o;^r, (612) 94>.()|02 Ux # |Mi^ Frill Issue Nosemher 1994 V'ul. 5, Issue I ••:V ^ ii- . k ... '' " The Brimeyer Group To Sponsor Seminars Bu /.Wh'< Brs'ffwyt’r —Prt’>iilt'nt The Bnmeyer Group is Uways atten- ti\ e to providing good service to our clients rind candidates. So when our Public Service .Management Advi sory Board suggested that we host a group ot informative seminars we decided to gi\e it a try. In October we announced the "Board and Managemeiit Development Series" program designed to en hance the skills and improve the abilities of Board members and management staff in both public and private sector organizations. The first presentation, Ewrc/smy )'our Opportututu for Ciroor Aiii Auce- ment, was geared particularly to wards updating and refining career dev elopment skills. The topics fo cused on how to gain a competitive edge in the hiring process by identi fying the market, polishing your resume, and strengthening inter- \ lewing techniques. Though the series was reasonably priced y>115 for all sessions) and conveniently timed {a month's worth of Ihursday evenings), the response was very poor and we had to cancel. \ot to be discouraged, we will again be hosting a series of seminars in 19S>5. They will begin in late Januarv’ with a discussion on "Rightsizing the Organization," We expect to offer these topic's during the next vear: "Miring the .Administrator," "Inter viewing," and "Council Fxivcta- tK>n?i " Call us at 94o-02-lb v>r watvh your mail for details. Ct. Louis Park Establishes Vision for the Future The Citv of St. Louis Park recentlv adopted its "Vision for the Future." Jim Brimeyer, a St. Louis Park resi dent, is the Chair of the Steering Committee which has been meeting since 1993 in settiiig a strategic planiiing process that challenges the public and private sectors to coop- erativelv envision the community's m 0 preferred future. The committee— representing government, schools, businesses, communit)' organiza tions, religious institutions and Cit) residents—identified the internal and external challenges and oppor tunities in St. Louis Park. "Next, wt will design an action plan to make the vision a reality," said Brimever. With a theme of "St. Louis Park: Ou community of choice for a lifetime,' the resulting vision states: 1.) Diversity is a natural part of everv’day life that enriches the entir community. 2.) Responsive service . a hallmark of City government. 3.) St. Louis Park is a safe environmeiv, in which to live, work and learn. 4.,- Educational opportunities for all ages abound bec.ause a high value i placed on education. 5.) Children a; a top priority for the entire commu nity. 6.) A wide spectrum of quality housing is avtiilable to meet resi dents' housing needs through all Stages of life. 7.) Business provides ■ solid base for the community and benefits front strong support from roMdents, schools and government. 8.) Residents have strong connec tions to the community thanks to comnvunitv pride, civic commitmer mutual respect, and neighborliness. life lools, \iza- id Cit> mal 3ppor- ?xt, we make never.• rk: Oi: etime/ lie Brimeyer Group assignments ifcenl/Currenl: Finance Diiector— Cities of Faribault and Austin Assistant Citv Coordinator—Citv of m Minneapolis Management Audit of Maintenance Operations—Rice County Public Works Community Devel opment Director— City of Si Louis Park Dir. of Technology— Lc*ague of Minnesota Citie'^ Difvvtor of Public V\\»rks/City Engi- nevr—Citv of St Louis Park cpresentative Searches: Cit) Administrator— Oak Park Heights Manager of Admini strative Services— BWBR Architec's City Manager—City of Sheldon, lA Executive Directors— Southwest Minne sota Initiative Fund, and PossAbilities City Administrati>r, and Public Works Dir /City Engineer— City of Savage, M\ TBG Becomes Community Benefactor The Brimeyer Group recently be came a $250 benefactor member of the Hopkins Art Council, as well as a $150 business benefactor membe.- of the Minneapolis Institute of Arts. 'T strongly support these fine commu nity organizations," Brimeser said. In addition, Brime\er recently do- nated $1,000 to Rotar\' International in his son's name, /\nd\’ Brimeyer. This donation permits Andy to become a Paul Harris Fellow in Rotary and commemorates his December 1994 graduation from Loras College. Advisory Board Update The Brimeyer Group recently ap pointed two professionals as new members of the Public Service Man agement Advisor)’ Board (PSMAB): • Kathleen O'Brien—City Coordina tor. City of Minneapolis • Ed Shukle—City Manager of Mound, MN The PSMAB meets quarterly to examine the public sector executive search process, advise The Brimeyer Croup of industry trends, provide hiformation about professionals in the field, and assist in plamiing seminars and educational programs. Jim Brimeyer’s Speaking Engagements Listed Jim Brimeyer recently presented information to the following organizations: • Minnesota Municipal Utility Association, Fall Conference—"The Search Process and Performance Evaluations" • National Parks and Recreation .Annual Conference—"The Parks and Recreation Director in Today's Political Environment" • International City/County Management, Annual Conference—"The Changing Role of Council and Administrator" To arrange a presentation for your organization, call (612) 945-0246. The Brimeyer Group, Inc. fVlitTfM H i ONSVlTWrs Main Sireef, .Suiic 20S Ht»pk*nx. \iN 553*1 3 Executive Update im29- ^outc: Colleagues File in notcliuok City Council Citv . Jrono 0 Box 66 CrviUl Bay. MN 55323 iwv 3 0 CITY OF ORONO PARK COMMISSION MEETLNG MONDAY, DECEMBER 5, 1994 7:15 P.M. 2780 KELLEY PARKWAY - COUNCIL CHAMBERS ATTENDANCE AGENDA 1. Saga Hill Preservation Society: Proposal for Saga Hill Park & Nature Preserve 2. Approval of Minutes October 4, 1994 and November 7, 1994. 3. Commission Members to Attend City Council Meetings. 4. Commission Meeting Schedule for 1995; Preparation of Action Plan for 1995. 5. Maintenance of Ice Rinks for 1994-95. 6. Winter Recreation Program - Orono Golf Course. 7. Bike/Hike Trail Old Crystal Bay Road. 8. Other Business. ADJOURNMENT I ORONO P ARK COMMISSION MEETING MINUTES FOR OCTOBER 4, 1994 draft ATTENDANCE The Park Commission met on the above date with the tbliowing members present; Richard Flint, Alex Vongries. Susan Wilson, Lili McMillan, Robert Howells. Sherokee Use, and James White. Council member Hurr was present. Public Works Director John Gerhardson and Recorder Sherrv' Frost represented Staff. Chair Flint called the meeting to order at 8:40 p.m. (#1) APPROVAL OF MINUTES OF SEPTEMBER 6, 1994 Howells had two corrections. I’age 4. paragraph 2, should read "canoes are removed" rather than "canoe racks are removed/'. On page 4. paragraph 3, under U6 Other L- tsiness the last senterate should read. "The City owns the bcobs OJ! and will pay tor the parkineJa based on the five-year lease commitment." White moved. ,Mc.Millan seconded, to approve the minutes of the September 6, 1994 Park Commission meeting as amended Ayes 7, Nays 0 (#2) COIJNCIL/PARK SURVTY RESULT DISCUSSION The Park Commission met with the City Council prior to the start ot this meeting and discussed the park survey (#3) SIGNS FOR BEACHES (SUMMIT BEACH) Item ^3, Signs for Beaches, was tabled to the Parks Commission meeting on November 7, 1994. (^#4) PARKS ORDINANCE The Commissioners were provided with a copy of the City Ordinance. Sec. 9 ol. Park and Swimming Beach Regulations - Unlawtul Acts Discussion was tabled to the Commission meeting on November 7, 19^4 (#5) ICE RINK MAINTENANCE Flint asked whether ice rink maintenance will continue this year at the same tour parks. Casco. Hackberry, Bederw ood, and .-Vnioine Vongries asked if it was possible to reduce the number of rinks to two to obtain better maintenance. Gerhardson said it had been determined to maintain the four rinks for one more year, and the City was obtaining more equipment to assist in this area A cab for the tractor is being purchased to protect the operator thus eliminating snow from being thrown back into the operator's face Die maintenance of the rinks is being stressed as well as the scheduling ot the maintenance. •1 MINUTES OF THE REGULAR ORONO PARK COMMISSION MEETING HELD ON OCTOBER 4, 1994 draft (#5 - Ice Rink Maintenance - Continued) Flint asked about the tloodinij procedures. Gerhardson has been talking with another city in obtaining the correct methods ot flooding. He will be experimenting with a deluge system involving the use of massive flooding from a fire hydrant versus flooding in intermittent stages. The City has a piece of equipment, which is a scal^-down version of a Zamboni, which will swab the water on the rink rather than spraying it on. Flint requested the Commissioners periodically check on the appearance and uniformity of the ice rinks this winter. White will monitor Casco, McMillan at Hackberry, Use at Bederwood, and Howells at Antoine. McMillan will provide monitoring torms to the others. (#6) CRYSTAL BAY PLAYGROUND - PLANNING Wilson moved, McMillan seconded, to formally request S2 /OO trom CDPG money for the Crystal Bay Park playground plan at the October 10, 1994 City Council Meeting. Ayes 7. Nays 0. In discussion, it was decided the sub-committee, whose representatives are V'ongries. Wilson. McMillan, Gerhardson, and Randi Carlson, a neighbor, will meet to prepare the presentation with the planner This will include the survey, input from neighbors, general layout, specifics such as screening, sketch oflandscaping and present inventor)'. Flint suggested Commissioners view the Deephaven park, located across trom Heathcote on Minnetonka Blvd. He stated that he thought its ambiance reflected what Orono’s residents desired as indicated in the survey. A neighbor of the proposed park location w;is present at this meeting. He asked the Commission for a time line for this project. It was felt that the Commission should complete its planning this winter and do the construction in the spring. The neighbor was told to communicate information to their neighbor representative. Randi Carlson, or to any member of the sub-committee Howells inquired about the results of the percolation test. Gerhardson said a monitoring well needed to be installed to analyze where contaminates, which are still present, have moved to ascertain the stabiliw of the situation .A pipe will extend from the ground for about a year but should not affect tne park development plan. Wilson also stressai the need for the post office parking lot plan to proceed. T -. V« ’.IW'-i— MINUTES OF THE REGULAR ORONO PARK COMMISSION MEETING HELD ON OCTOBER 4. 1994 DRAFT (#7) CROSS COUNTRY SKI PROGRAM - ORONO GOLF COURSE Jan Guenther was present to report on the continuing use of the golf course this winter for the cross-countrv ’ ski program. The course, as w'ell as the clubhouse, was used on Wednesday evenin»is last winter. Guenther said there is no night skiing at Baker Park, and French Park is very crowded. Guenther would like to continue to provide grooming of the course and is interested in expanding the program to include a weekend day for skiing, sledding, snowboarding, etc. The Commissioners discussed the public's reaction to using the course and the clubhouse and found there was a positive response. It was felt the publics winter recreational needs could be better met bv opening the course and clubhouse on both Saturday and Sunday afternoons. Gerhardson was asked how the Commission would go about getting approval for using the clubhouse. Gerhardson said a budget would need to be prepared. The Commission would need to determine if there would be a user-fee or if this would be provided as a public service. Flint determined the annual cost of using the clubhouse tor skiing for two and one-halt months would be approximately S640, which was felt not to be a big obstacle. Gerhardson will get together with the City Administrator to discuss a possible plan and payment thereof. Vongries asked about the interest shown by the residents, the safety issue, and the concern with recouping the cost of a bigger program. Guenther said money is collected for races. The possibility of selling hot chocolate, cider, coftee, candy, etc. was also discussed. White moved, Wilson seconded, to ask the City Stafl'to investigate the feasibility of opening the golfcourse and clubhouse during the winter season one evening a week and on Saturday and Sunday afternoons Ayes 6. Nays 0, with Vongries abstaining. (#8) !IOCKE\' ARENA PROGRESS REPORT Mark Ingebritson and Pat Wolf of the Orono Hockey .Association presented the initial feasibility study for a community ice arena to update the Commission and get their reaction to the study fhe .Associa:<cr. curreutlv uses open ice time when available at the Mound pond arena and at the Delano arena nockey players They are students i; tnc Orono School District, who live within the district or are from open enrollment Girls hockey programs are taking hold and e.xpanding around the state. Figure skating is also booming with local skating clubs, senior, adult, and disability leagues This ha.s resulted in a shortage of ice time. The association has developed two possible solutions I) to lead the development of an Orono arena, or 2) expansion of the Pond arena in .Mound to tvvc sheets of ice in conjunction with the City of Mound. The Association would prefer to see a new arena built in Orono One advantage would be alleviating the need to travel any distance. The purpose of this feasibility study is to make clear w hat the right decision should be so a choice may be made by November. MINUTES OF THE REGULAR ORONO PARK COMMISSION MEETING HELD ON OCTOBER 4. 1994 draft (#8 - Hockey Arena Progress Repon - Continued) The Orono Hockey Association hired Architects. Hamel & -<! Contraaor. Krause Anderson The feasibility work culminated in the report received by the Pyk ^Lission. A site is aLable through the school district Site review, ^ pricing have been done, '^le associarion has met with Staffon these issues Pat o as been lading the Rind raising which is primarily through pnvate donations to build the Llity with the future operating costs to be home by user fees. It is repotted that at this point^o insurmouniable problems have arisen. The key will be raising the construction costs; ifthese cannot be laised, the Association will not proceed. Commissioner Wilson asked if Orono presently has a girls varsity team and also inouimd of the number of children that do skate. Ingebntson said it will ^ Orono has a girls varsity team. At present, the pee-wee team consists ol 7th and t graders There are 280 children enrolled in the youth program this year from our y ^d through junior high. Howells asked what was the difference b«ween ^rls and boys hockey and ringettes Ingebritson said there is no checking mvolved in ^rls hockey *)ut othenvise, it is the same In ringettes, a cheeno-type puck is used which does not come off the ice He feels the interest in ringettes is subsiding with the increased interest in gir s hockey Use asked about open ice time Ingebritson said community educ.ition has an interest and would put funding aside with the e.vpectation of using 17 5 hours ot ice lime at S100 per hour during the six month period of operation. The school distnct also would purchase its ice time. McMillanasked who would o\s-n the ice rink if it was built. Ingebntson said the Association would be a non-profit, 501(0(3), organization, which would quality tor real estate and income ta.\ exemption The organization would then either operate the arena themselves or hire someone to run the arena McMillan also inquired about teedback from the school district. Ingebritson said the schools are very cooperative and see a need tor an arena especially with the start of girls hockey. Although, there have been no tormal talks, the school district is happy to have the hockey association investigate the building ot ati arena. It is unknown at this time whether the school district would sell or lease the an the association. MINUTES OF THE REGULAR ORONO PARK COMMISSION MEETING HELD ON OCTOBER 4. 1994 draft (#8 - Hockey Arena Progress Report - Continued) Flint asked about the economics ot the arena. The study shows the cost ot the arena at S2.500.000 with a yearly operating cost of SI 45.000. The hockey association would be the biggest user of the rink. They, along with the school district, would pay for their ice time. The arena plan calls for one Olympic-size sheet of ice. whose use would carry the operating costs of the building but would not contribute toward the cost of its construction. Ingebritson said that generally, when an arena has a second sheet of ice. it will generate payment of the debt service on the construction debt. Ingebritson relayed th<* breakdown ot user costs as requested by Flint. At $ 100/hr ice cost, the rink should reflect a positive cash flow. The projections show 750 hours of use by the hockey association. 280 hours ot use through the school s two varsity teams. j60 hours of figure skating time. 100 hours ot prime time skating, and other revenues such as skate sharpening. These are projected funds raised without going outside of Orono. but Wayata and Mound also have expressed their interest in obtaining hiture ice time. As dn example. Ingebritson said that the association is projected to raise $65,000 this year in ice time. Howells asked if the arena will be a year-round facility. Ingebritson said the arena has the capability citing sport events, practices, meetings, etc as possible uses, but plan is tor being in operation from October 1 to March 1. The ti.xed costs shown in their report reflect ail year but the revenue calculations are for the six-month ice time only Hurr inquired about the Pond alternative Ingebritson said the Mound School District is looking into the building’s use if an expansion is done but is not as tar along in its evaluation. Ingebritson would like to see a cooperative eflbrt with the Park Commission and receive their expertise and input on these issues. A decision will be made by the hockey association next month as to which direction the arena issue should go. Once that decision is made, the plans will be presented to the City Council. #9) FRENCH CREEK PRESERVE Wilson reported that she. along with several girl scout troops, will conduct a a clean-up as well as building a Wind for observation, on Sunday. 10/16/94 at 1:00 p m. She has met with Gerhardson on obtaining lumber and parts necessary, as well as a picnic table tor the prairie area for ne.xt spring. It was noted that the guidelines for building the blind came trom the book, "Landscaping for Wildlife." Flint suggested the Council be invited to this event, and McMillan volunteered to take pictures. MINUTES OF THE REGULAR ORONO P.\RK COMMISSION MEETING HELD ON OCTOBER 4, 1994 draft Wilson also reported that Pete Meyer, who does and will continue the bluebird ^0 ““ monitoring. hTreceived the "Bluebird of the Year" award from the Nfrnnesota Blurttrd Recovery Program for his effort with bluebirds. He tm agreed to b^d .our "<1 houses this winter to be installed on posts to keep predators away. The cost will be SlOO »::^ngt,rr;,rt^^s and installation. It was noted that bluebirds have been seen at one of the bluebird houses this year. ♦ Wilson also informed the Commissioners of the information si^ which will be install^ near the entrance. It will be a podium-style sign, made ot wood and metal, which will inform the public of what has been seen in the area. S500 has been allocated for this sign. It was noted that parking for five to six cars was available next to Metro Waste Pumping Station. WUson moved. Use seconded, to recommend the City Council appropnate the requested funds from the park dedication fees. Ayes 7. Nays 0. The following are the costs for material and labor; Lumber, posts, and hardware S 140 Informational sign Picnic table Labor for installing posts for blinds (City) 50 4 Duck feeders at S25 each 10® Plantings around blind —SQQ S 1,470 Labor for assembly of the blinds •vill be donated by Girl Scouts (#10) OTHER BUSINESS Gerhardson presented the Commission with the a copy ot the letter ot appreciaiion, winch will be sent to the 1994 park contributors, and the letter for recruitment to be tent to communiiy education groups, churches, girl scouts, boy scouts, senior center, school districts, and others who might show interest in helping with the the beautification ot the City's parks. Flint suggested ar.acliing a list of parks to the letter. This would aid m compiling a list to show where people are interested in hclpmg. The letters will be signed by die mayor and park commission chair. ORONO PARK COMMISSION MEETING MINUTES FOR NOVEMBER 7, 1994 draft ATTENDANCE The Perk Commission mci on the above date with the following members present: Chair Richard Flint, Commissioners Susan Wilson and Lili McMillan. Public Works Dtrraor. John Gerhardson. and Recorder. Sherry Frost, represented staff. Chair Flint called the meeting to order at 7:25 p.m. With only three Commissioners present, there was no quonim. (#1) APPROVAL OF MINUTES OF OCTOBER 4, 1994 Approval of the minutes was tabled to the next meeting. Wilson requested the detailed breakdowTi of costs for improvements at French Creek Preserve be added to the October 4, 1994 minutes. (#2) SIGNS FOR BEACHES - SUMMIT BEACH - TABLED IN OCTOBER This item was tabled. (#3) PARKS ORDINANCE - TABLED IN OCTOBER The Parks Ordinance was distributed to Commission members for review in response to a possible need for a sign stipulating "no diving" at Summit Beach. Gerhardson had reported that such a sign would be unenforceable without an amendment to the ordinance. This would require public notification and approval by the Council Wilson said the ordinance was confusing in part and appeared to also be internally inconsistent. Flint agreed that it was noi well-drafted, but suggested that it be redrafted only if it presented a problem. Flint said an amendment could be added to the ordinance for Summit Beach for no jumping or diving where small children are playing if a problem should present itself Commissioners present decided there was no need to change the ordinance at tWs time and will leav e this item off the agenda. It was noted there have been no complaints received, and Summit Beach will be under observation next year by Use and others. MINUTES OF THE REGULAR ORONO PARK COMMISSION MEETING HELD ON NOVEMBER?. 1994 ^ 'X'"? dr Ar 1 m LONG l^KE WATER QUALITY PRO.IECT/.IET SKI ORDINANCE (FLINT) - TABLED LN SEPTEMBER Flint updated the Commission on the MCWD project to 'he Long ouality The plan is to install two bubblers in the lake and build three ponds to catch LrieL fror^ entering the lake from small streams which onginaie m the Medina area^ Flint noted an Orono fesident. Bill Pierce, who owns the propeny on 'h'^ ponds would be located, would prefer that the projected ponds be moved upstream. The MCWD is ■■oina ahead with the project and is working with Pierce to dete^ne the ^nds location TTie p'roject tvill be paid by the Watershed district through special allotrnent covering the capital investment and initial operating costs. The Commission memljere reponed on the presence of algae on Long Lake and agreed on the need to improve the watc' quality ot the lake. Flint reported that Ron Moorse and the City of Long Lake were working on a jet ski ordinance but have not yet reached an agreement. (#5) BIKE TRAIL PROGRESS REPORT A) BROWN ROAD 1 he black top for the road is now being laid. The bike trail probably will not be completea by spring. B) OLD CRYSTAL BAY ROAD BRIDGE rhe bridee is in and the road opened on Friday. 11 /4/94 There is an 8 sidewalk on the ca'st side and b' sidewalk on the west side. The bridge and sidewahv arc made of concrete The bike trail is not finished but the whole project should be 99*<) complete this fall C) DICKEY PROPERTY DEVELOPMENT Flint said this is a v2ood example of what can be accomplished working with i cooperative developer The bike trail pnmanly is located on pnvate in the nghi-of-way People now are able to see where the bike trad will be because excavatic'n rias oeen done. I he trail will wind in and out through the trees I MINUTES OF THE REGULAR ORONO P.ARK COMMISSION MEETING HELD ON NOVEMBER 7. 1094 draft (r?5-Dike Tr.jl Progress Report - Continued) D) SOUTH OF DICKEY PROPERTY Wilson reported she made contact with Mrs. Thompson, but Mrs. Thompson is not willing to provide an easement towards the trail. Gerhardson also met with Mrs. Thompson and descnbed to her the bike trail, its location, the construction process . and how it would have very little visual impact on her property because of the slope of the uround to the west of her property. Nevenheless, she will not grant an easement.'^Gerhardson discussed how curb and gutter could be installed but said it is very costly to build and would not be aesthetically pleasing located just in front of two propeiiies. He suggested considering the installation of a shoulder which could be changed later. The Commission members agreed that paved shoulders should be the method used temporarily at this time. E) STATUS OF AGREEMENT WITH COUNTY Gerhardson said the County does not share costs with the City until the bike trail >s toiallv connected from the Luce Line to the County trail at Baker Park and CoRd 6. Flint questioned who had agreed to this since this was not the plan when the trail was first proposed. The City is awaiting a written agreement with the County on the bike trail. The trail from Baker Park cor ung cost to Old Crystal Bay Road will be paid by the County Orono is pre; ;ntly organizing theplans and gettino bid.s Oiono will be installing the trail from CoRd 6 to the bridge next year once wiitten agreement is signed. Gerhardson said the trail will be maintained by Orono until it is connected to the Luce Line. I'he souihside of the bridge to Watertown Road is the next hurdle in the project The County w ll maintain the trail north of CoRd 6. fhe Park Commissioners requested seeing the agre 'mem once it has been made with the Coumv. Gerhardson said the comraa should be signed this winter and the trail constructed next spring. It was also noted that a diflererii contractor was laying the black-top on the Dickey property trail which is why It has not been completed The different designs on the Brown Road and Dickey property trails will give the Commissioners, the City Co> icil, and the public an opportunity to evaluate what dilTerent options are available 41 MINUTES OF THE REGUL\R ORONO PARK COMMISSION MEETING HELD ON NOVEMBER 7. 1994 draft («6) WINTER RECREATION PROGRAM - ORONO GOLF COURSE Gerhardson reported that Moorse is putting a proposal together to present to the City Council on the use of the clubhouse this winter for cross-co'intry skiing and sledding. The p..m is to open the clubhouse Saturday and Sunday afternoons until dark. It will be staffed by one attendant. Winter-type drinks, cocoa and coffee, and candy will be sold. The clubhouse will also be open on Wednesday evenings for family nights and races. Jan Guenther will put the trail in, and Orono will provide the clubhouse as a public service. Concession sales will go towards the golf course budget. Gerhardson will recommend that no alcohol be served. A news article will be placed in the local paper advertising this winter activity. (#7) FRENCH CREEK PRESERVE - REPORT ON OCTOBER 16TH CONSTRUCTION PROJECTS Wilson reported two blinds were built by two Girl Scout Troops consisting of two leaders and four scouts. The girls took water depth measurements around the pond which ranged from 2* to an average of 37". Wilson said there is some leakage from the weir, and Gerhardson will be repairing it. McMillan took photos, and Wilson sent news releases to three newspapers. Several species of wildlife were observed including a bald eagle. Over the winter, the Girl Scouts will be making the sign for the preserve. Gerhardson will bring in logs to place around the edges and stumps behind the blinds to sit upon. Picnic tables will be ordered also. A spring opening is planned. It was noted that there have been no complaints or conllicts involving the preserve. .Although, some ducks were shot there recently, this is considered a one-time episode. m) POSSIBLE DEV ELOPMENT OF NEW PARK IN SAGA HILL ARF.A Nine acres of land is available in the Saga Hill area in the west central pan of the City, south of LakevTcw Goif Course The neighbors held a meeting recently and indicated their desire for the City t(.^ obtain the property as park land. The Citv has first right-of-refusaJ on the land, which was taken through a ta.x foriciture, and would only need to pay the specials on the property. I*he Park commissioners pa.ssed a resolution last year indicating their desire to take the land and develop a future park. At that lime, the owner was attempting to redeem the property which did not occur. MINUTES OF THE REGULAR ORONO P.ARK COMMISSION MEETING HELD ON NOVEMBER 7. 1994 draft (rrS - Possible Development of New Park in Saga HHI Area - Continued) There are sev'eral options available for this land. A developer is interested in the property for a subdivision. The developer indicated he would give another piece of the land as park property. If the Cit>' does obtain the property for park land, they cannot then trade it tor another property. The County can place a value on the property, the City can buy it, and then do what they wish with it. The Commissioners indicated their interest in following up on this property for park land. Flint said he would check with Mayor Callahan on the results ot the neighborhood meeting. (#9) ACTIVITY REPORT COMMUNITY EDUCATION PROGRAM Gerhardson distributed to the members present an activity report on the community education program. (#10) OTHER BUSINESS Wilson reported that the City Council approved the Crystal Bay playground development plan for S2700 at their last meeting as weP as rhe projected hinds for the French Creek Preserve. Wilson asked for the commissioner’s interest in the Highwood Trail and Lowry Woods Trail. The Highwood Trail previously did have a trail going through it and would only need to be walked to re-establish it. Some hand trimming of branches will take care of the underbrush. Gerhardson said an attachment to clear brush is available for the tractor, but it was indicated that this would not be needed. The parking issue is the main concern. A picnic area will also be needed. There is a sign for the Lowry Woods area and parking now available. They are avvairir.g completion of the road by the developer. The commissioners indicated their interest in developing these trails. Flint appointed a sub-committee of Flint, Wilson, and McMillan to follow through on these trails. Wilson will be sub-committee chair. Gerhardson presented the request to purchase equipment to better maintain the ice rinks. He indicated the benns are already in position for the nnks McMillan noted the long length of the grass at Bederwood for the fall soccer season MINUTES OF THE REGULAR ORONO PARK COMMISSION MEETING HELD ON NOVEMBER 7. 1994 draft (/^lO - Other Business - Continued) W::s. . 3id the sign vvas not up at Hackberiy Park. It was decided to install the sign on Willow so residents can identify the park. Geihardson reported the interest of a neighbor by Old Co stal Bay Park to build an ice rink The resident was told to send the City a letter stipulating his interest. It was notrf that the ground was not level and would be diflicult to maintain. Gerhardson thought thrs request was premature for this year. Flint indicated that the golf cour-se would be a possibUity for an ice rink. Others felt that although the idea was good, the course would not benefit from the extra water placed on the course. ADJOURNMENT Wilson moved, McMiUan seconded, to adjourn the mck ving at 8:50 p.m. Ayes 3, Nays 0. Richard N. Flint, Chair