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Home My WebLink About05-24-1993 Council Packetr MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ROLL The Council met on the above date with the following members present- Mayor Edward Callahan, CouncIImembers J. Diann Goetten, Gabriel Jabbour, Charles Kelley and JoEllen Hurr. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Police Chief Stephen Sullivan, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Kevin Staunton, and City Recorder Teri Naab. Charles Nolan represented the Planning Commission. Mayor Callahan called the meeting to order at 7:38 P.M. (#1) CONSENT AGENDA Moorse removed Items #8 and 22. KeI ley added Item #7. Goetten added Item #20. It was moved by Hurr, seconded by Jabbour, to approve the Consent Agenda as amended. Ayes 5, nays 0. Motions for all items adopted by consent agenda will be included In the minutes in their respective numerical order. (#2) COUNTY ROAD 15 SAFETY IMPROVEMENT UPDATE Pat Murphy, Director of Hennepin County Public Works, and Bruce Polancheck, Planner, were present. Murphy stated he last appeared before the Council with a proposal to either upgrade the 2 lane County Road 15 or do major maintenance. He said he appeared before the City of Minnetonka Beach at the same time. Since that time the County has prepared a complete rebuild concept plan for the highway, which does not show construction limits or impact. The proposal includes the area between Areola Bridge to the Highway 12 connection near Wayzata. He asked the Council to review the plan and provide them with direction. Polancheck explained they propose three types of first Is a typical section with two 12 lanes and 8 shoulders, equaling 40’ paved right-of-way. The second is the typical road section with a continuous left turn lane or two I*] the middle equaling a 54’ right-of-way. The third proposed in fewer areas and includes the typical sect.on wi th both left and right turn lanes and would be a 66’ wide paved right-of- way . 1 1 1 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 COUNTY ROAD 15 SAFETY IMPROVEMENTS - CONT. Hurr noted the turn lanes are shown at a 14’ width versus a 12’ width. Polancheck said this is a typical width for a turn lane in lieu of the shoulder. He asked that they review the drawings he had to present. He explained west of the intersection of County Roads 15 and 51 a left lane would be provided, and east of County Road 51 to Heritage Lane a right turn lane would be provided. From Heritage Lane to Millston the road would taper to a typical section. From Mlllston passed Green Trees Road, the road would have a left turn lane. A left turn lane would be provided east of Tanager Bridge. Both right and left turn lanes are proposed for the Intersection of Orono Orchard and County Road 15 tapering to a left turn lane to Woodhill. From there a typical section would be provided to Highway 12. Goetten inquired how much wider the road would be than the existing. Murphy said they would have to widen the road and acquire easements in some areas. Goetten reiterated the Comprehensive Plan calls for this road to be a scenic road. She questioned how they will handle the Increased speed Iimits. Murphy said they propose essential ly the same road as existing with safety Improvements. Polancheck noted they could considered the elimination of the right turn lane between Spates Avenue and Heritage Lane to make the road narrower In this area. Hurr questioned whether the left turn lane propos>d near Heritage could be used by traffic turning off Heritage going eastward. Polancheck said that is not the Intended use, but people could use it for such. He said they have tried to provide a turn lane onto every public 'ight-of-way. Kelley suggested they consider eliminating the turning lanes by Spates Avenue to force the traffic to use County Road 51. Jabbour noted some residents In Orono believe County Road 15 should remain a narrow, hard to travel roadway. •j mi MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 COUNTY ROAD 15 SAFETY IMPROVEMENTS - CONT. Polancheck referred to the curve near Bracketts Point, and noted the County felt it their duty to remove the undesirable curves in this area reducing the curve to a 12 degree curve versus a 28-30 degree curve. However, this substantially Impacts the property to the north. Jabbour noted a previous City Council during a subdivision process for Green Trees voted against the right-of-way moving northward In this area. Murphy reiterated the County can build any portion presented, or rebuild any portion of the road as It currently exists. Goetten felt if the curve were reduced in this area it would only encourage speeding. Jay Richards inquired about provisions for a bike path along the road as he felt In the current state, the road was very dangerous for bikers. Goetten noted Councils in years past have not been in favor of widening the road. Hurr agreed that paved shoulders would make It much safer for bikers. Murphy said It would be possible to mark the shoulder for bikers where It meets recognized standards. Richards felt the trail should run the entire length of the proj ect. Jim Rivers noted they need to slow down traffic on the road, not provide for It to go faster. Murphy said the County Is not trying to make the road easier to speed on, but they are obiigated to place safety features during a reconstruction. Rivers felt paved shoulders would create more traffic problems. Goetten Inquired about the funding for the project. Murphy replied if Council approves the project, it will be put into the Capital Improvement Program for 1996. ■i 4 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 COUNTY ROAD 15 SAFETY IMPROVEMENTS - CONT. Goetten asked about a signal light at County Roads 15 and 51. Polancheck said one is not proposed. Jabbour expressed opposition to such. Goetten stated it is difficult to access onto County Road 15 from Orono Orchard Road, and felt a light further westward may help that situation. Jabbour inquired about the width of the existing right-of-way. Polancheck said the road could be built within the existing right- of-way of 66’, however, some portions may extend beyond. Murphy added wherever turn lanes are proposed, they may need the additional right-of-way. Polancheck reported that City staff was also opposed to reducing the curve near Bracketts Point. Murphy Indicated all the necessary survey data is not available. He said to date they know the surface road will be close to the existing roadway, but stressed the plans presented are only conceptual. Goetten asked about the maintenance option. Murphy noted that would include resurfacing of the existing road with the addition of turn lanes wherever possible. Goetten asked the cost of the project excluding acquisition of easements. Murphy replied the project would cost just under $5 million. Gerhardson questioned funding responsibilities of the City. Murphy stated the City may be required to fund a portion of storm sewer, but he anticipated this amount to be minimal and said they could define the cost better at the layout stage. He requested the Council to consider the proposal and reply at Its earliest convenience but no later than next fall. It was moved by Mayor Callahan, seconded by Goetten, to table action on the County Road 15 safety improvements until after a work session is held on the issue. Ayes 5, nays 0. MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 («43, 4 & 5) APPROVAL OF MINUTES It was moved by Hurr, seconded by Jabbour to approve the minutes of the regular Counci I meeting held May 10, 26, 1993; the Board of Review meeting held April 29, 1993; and the Reconvened Board of Review meeting held May 10, 1993. Ayes 5, nays 0. PARK COMMISSION COMMENTS There were no comments. LAKE MINNETONKA CONSERVATION DISTRICT COMMENTS Hurr reported the next Board meeting is Wednesday, May 26th. The LMCD will conduct a tour of the lake on an upcoming Friday evening. The Board is considering changes to the regulations regarding multiple dock side setbacks and unrestricted watercraft storage (I.e. sailboats), trying to establish consistency. The Environmental Committee wiI I be looking at the goals needed to meet the Management Plan and the time table on ways to fund the necessary tasks. She reported Mr. Dunn will be present at the next meeting because the LMCD has challenged his in/out storage of boats. Mayor Call ahan Questioned whether the LMCD i s conside ring requIring the marina owners to contribute with the use of their marinas for public access purposes as a condition of getting a license. Hurr replied she was unaware of such a condition. Goetten asked for a status of the Lake Access Subcommittee. Jabbour noted the paper reported incorrect information. Hurr noted the Maxwell Bay access was not listed in the paper because Orono asked the LMCD not to be involved with the DNR access. Jabbour stated the City withdrew from the Task Force because of the prejudice displayed towards the City; that does not mean the City s interest in the Lake has ceased. If anything the City’s obligation has doubled. He indicated the LMLOA has also removed themselves from the Task Force and many cities have been absent throughout the process. He expressed concern that a document will be generated drastically biased towards Mr. Grathwol’s point of view indicating Orono has been a part of the process and agrees with the outcome. He felt they should object to the document. MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 PUBLIC COMMENTS Jennifer Dotzenroth, 3225 Casco Circle, reoorted at the LMLOA Government Affairs Committee meeting of the lakeshore homeowners held that evening there was discussion that the DNR has made an ODtion on Gayles Marina. Moorse stated he has not received information confirming that. Dotzenroth asked to be updated regularly as this matter proceeds. Carol Burgess, 2800 Pheasant Road, expressed appreciation for the Council’s past support for the goose removal program. She asked the Council to reconsider its continued support, and asked them to look at how the problem impacts other areas of Orono. She noted throughout the iakeshore community, other cities have supported this program with funding. Mayor Callahan questioned how the project was funded. Burgess replied the residents of the area have paid $800 per year and the City has paid $200 per year. Mayor Callahan noted that during the past year, some residents expressed horror regarding the program. Burgess said the area is so fI I led with geese that chiIdren cannot play In their yards. She noted that Dr. Cooper of the University may have other suggestions to remove the geese. Mayor Callahan suggested the residents approach the LMCD for help funding the project. Hurr noted that other cities around the lake are funding removal only from public lands. She felt they must provide the same financial support for any problem if they authorize this funding. Mayor Callahan directed staff to obtain Information from other lakeshore cities regarding their support of the program and report to the Counci I . (♦#6) COMPREHENSIVE PLAN AMENDMENT #3 - RESOLUTION #3283 It was moved by Hurr, seconded by Jabbour, to adopt Resolution #3283 approving Comprehensive Plan Amendment #3. Ayes 5, nays 0. 6 I i R ORONO COUNCIL MEETING \y 24, 1993 CO Circle, reported at the LMLOA seting of the lakeshore homeowners scussion that the DNR has made an ed information confirming that, regularly as this matter proceeds, ad, expressed appreciation for the oose removal program. She asked the ued support, and asked them to look 'ther areas of Orono. She noted ilty, other cities have supported project was funded. ' the area have paid $800 per year 'ear. ig the past year, some residents irogram. id with geese that children cannot that Dr. Cooper of the University move the geese. I dents approach the LMCD for help )und the lake are funding removal elt they must provice the same n if they authorize th-s funding. o obtain Information from other support of the program and report IT #3 - RESOLUTION #3283 by Jabbour, to adopt Resolution in Amendment #3. Ayes 5, nays 0. MINUTES OF A REGULAR ORONO COUNCIL MEETINGHELD MAY 24, 1993 (#7) #1691 & #1702 CITY OF LONG LAKE, 130 ORONO ORCHARD ROAD - FINAL SUBDIVISION - RESOLUTION #3284 Kelley inquired about the landscape plan and a provision in the covenants to ensure the plantings will be installed. Staunton replied there are provisions within the covenant that would allow Orono to obtain an injunction and to take litigation to enforce if such vioiations are determined. Mayor Callahan suggested the City should contact Long Lake if a provision is not being adhered to prior to litigation. He said the City of Orono will be the primary party to enforce the covenant, not the residents, and added the covenants are perpetual. Kelley questioned the time frame for the landscape screening to occur. Moorse replied as the properties are developed, screening will be pI anted. It was moved by Mayor Callahan, seconded by Jabbour, to adopt Resolution #3284 for Application #1691 and #1702 the City of Long Lake, 130 Orono Orchard Road, approving the planned residential development and plat of Fleming Trail. Ayes 5, nays 0. (#8) #1734 JOHN BURGER, 3750 BAYSIDE ROAD - FINAL SUBDIVISION It was moved by Hurr, seconded by Jabbour, to table action on Application #1734 John Burger, 3750 Bayside Road, at the request of staff, pending receipt of the required easement documents. (#9) #1811 C. JACK REMIEN, 3237 CASCO CIRCLE - VARIANCES Mr. Remien was present. Gaffron explained this Is a request for a third renewal of a variance for lot area and width originally approved in 1984. When the original variance was granted the property was owned in common by the property owner to the north. The property Is in a half acre zoning district, and contains 77% of the area requirement, and 55* of the lot width. The Planning Commission voted In favor of this on a vote of 3 to 2. A question has been raised about the consistency with the DNR shoreland regulations. MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ZONING FILE #1811 - CONT. In staff’s opinion, based on a letter received from the DNR, the City’s codes are in compliance with the DNR regulations and the City may grant the variance if the City finds a hardship exists. He stated previous to 1984, the City would not have considered a variance for common ownership property. He referred to a study in 1983 regarding common ownership revealing the number of lots In the City in common ownership and the size of lots throughout the various zoning districts, and concluded that the number of common ownership lots that might end up requesting variances is relatively smal I compared to the number of properties in the ^arous zones, nd therefore upon the recommendation of the City Attorneys at that time, changed the policy to accept variance applications for common ownership lots. Gaffron noted that the first and second renewals were fairly non- controversial using the same documentation and hardship statement as the original approval. It appears the neighborhood now quest ions whether or not this variance should be granted. Staunton said there is still some dispute whether the DNR shoreland regulations would prohibit approval of a variance. He opined that the regulations provide an opportunity for a variance ana the DNR regulations were only designed as guidelines for development of the City ordinance. He felt the real issue for this case Is whether or not a hardship exists to allow the granting of a variance. Mayor Callahan asked If it was the City Attorney’s opinion that the Council’s only task is to apply the City codes. Staunton concurred. Mayor Callahan read a letter from Robert Hare, realtor for the Bielkes. Tom Zappla, attorney for Remlen, felt the real issue Is the variance under the Orono ordinance. The primary issues are: the property in question has a history of variance approval proclaiming buildability; the applicant acquired it as a buildable lot; there is no other reasonable use for the property; and the variance would not adversely Impact the neighborhood as there are several other substandard lots in the area. warren Bielke, 3241 Casco Circle, said he purchased his property in November 1985 and at the time the former owner of this lot requested a variance which both he and Remien stated objections to. Mr. Remien purchased the vacant parcel after that variance was approved to use for the addition to his residence. 8 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ZONING FILE #1811 - CONT. Jennifer Dotsenroth, 3225 Casco Circle, stated an objection to the variance citing additional hardcover and severe erosion problems in the area as reasons to deny. She felt most parcels in this area meet the lot area standard, and noted that Casco Circle is very narrow and they do not need the additional traffic on the road. Dick Kunz, realtor, said he disagrees with the adverse affects of this development on other property values. He noted the buyer of this property intends to build within the hardcover guide IInes and one additiona I residence will not create that much more traffic. Dave Stilseth, 3233 Casco Circle, said if this property is developed there will be minimum separation between the three residences and be very congested. This does not fit the general look of the area. He felt the properties should be combined. Hurr inquired the width of his lot. Stilseth stated his lot is a bit larger than 60’ wide, but added was grandfathered in and he purchased it 14 years ago. Gary Nasiedlek, buyer of the vacant lot, said they began procedure by calling Orono and getting the specifications to build for this property. They agree to remove the garage on the lot. He fell the house will fit the neighborhood, and added the road could be widened. He said he has offered to postpone building until the Bielkes sell their property. Mayor Callahan clarified that the buyer has a contingency in his purchase agreement based on approval of this variance, and was aware of the need for the variance at the time the purchase agreement was drafted. Nasiedlek concurred. Chuck Plain, 3227 Casco Circle, expressed opposition as most parcels in the area are larger pieces of property and approving this variance would place three residences In close proximity. Jay Richards, 3243 Casco Circle, stated he was excited when R®ml®n purchased the property to add onto his residence. He concurred tha if approved this will be the only area where three residences are placed in close proximity. He agreed there is a need to minimize hardcover In this area because of the erosion problems, and state the Counci I may wish to consider making Casco Circle a one way road In the future because of its narrow width. i MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ZONING FILE #1811 - CONT. ^ * Richards asked that if approved the concept plans be a part of that approval as it is crucial that a smaller residence be placed on this parceI. Peter Bachman, attorney for the Bielkes, referred to the Lorge case where the City was sued over the common ownership issue in 1982. He said this case does not set a precedent as it was settled out of court. He presented that even though variances have been approved in the past, there are major Issues preventing approval at this time, including: the common ownership Issue, and undue hardship. He referred to a case whereby the Court indicates that without the presence of a demonstrated hardship a variance cannot be approved. He felt the appi icant’s pi ight is partial ly of his own doing. The Courts also have stated that If the property adjacent to the substandard parcel Is owned in common, the properties must be combined. The Courts have also indicated that past variance approval does not entitle automatic approval of the present request. He felt the law is very clear in these areas. Mayor Callahan questioned whether the ihrust of his argument is the Council’s ability to deny. Bachman rep I led he Is trying to point out that the Counci I has the authority to deny, but not the authorization to grant the variance If there is no undue hardship. Mayor Callahan said they are trying to determine If there Is a hardship. Bachman distinguished that the owner purchased the property knowing that It was substandard and owns the property adjacent to the vacant pa-ceI. Hurr pointed out when the owner purchased the parcel It was declared ouildable. Bachman disagreed, noting that the variance had expired. Hurr noted the parcel has been assessed for sewer and water and historically been taxed as a bulldable lot. Bachman stated the appileant has used this parcel In common with his homestead property. He said he has asked other city attorneys and the uniform response has been that it is nonsense to grant variances based on the property being taxed a bulldable parcel. He suggested one could request the assessor to tax a parcel at a higher rate and then request a variance based on such. MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 ZONING FILE #1811 - CONT. Goetten felt that reply rather simplistic. She Inquired about the assessment of sewer units. Gaffron reported that the properties in this area were assessed footage and there was no unit or area charge. This parcel was assessed the front footage charge and would have to pay incremental charges based on recent sewer upgrades. He added the sewer stub on this parcel is used by the Bielkes and needs ar easement. Bachman clarified the point he was trying to make is the City has the right to control land use and it should not be based on historical taxing practices. He felt the onJy reason why these properties were not combined is the owner feels he will ma (, more money If sold separately, and a variance cannot be approvea based on economic reasons. He said an applicant for a variance must meet all applicable City and State standards. He said the property does not have any unique characteristics to distinguish It from other substandard parcels. He felt denial of the variance does not prohibit the use of the property as it can be combined with the adjacent parceI. Bachman reviewed the findings included In the draft resolution and felt they were lacking. Steve Silus, potential buyer of Remien’s developed parcel, stated ha has agreed to this purchase knowing the adjacent parcel will be deveI oped. Hurr asked him if he felt that to be a negative. Silus replied he did not any more than the property developed on the south side. Chris Bielke noted the three variances approved in the past have been to owners nov owning the parcel in common with adjacent parceIs. Jabbour questioned whether the owner could sell the two parcels independently and the new owner come back with the hardship that there is no available land and this is a reasonable use. Staunton opined that could be done. Bachman retorted that the law provides that anytime property is owned in common ownership it must be combined. N MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MA\ 24, 1993 ZONING FILE «1811 - CONT. Kelley asked the applicant his hardship. Rvi’^ien said he purchased the parcel as a buildable lot and If c„';!bined he would suffer a substantial loss. He stated he purchased tho parcel for $80,000 and intends to sell for $92,000, but will not realize a financial gain as he must pay the realtor fees, attorney fees and has paid taxes on the parcel . He felt the hardship is that there is no additional property to combine to this property to make it conforming, but added it does contain the necessary square footage. He said he has maintained the vacant parcel, but has viewed it as completely independent from Is homestead parcel. Mayor Callahan asked the applicant If he had ooposed the previous variance request. Remlen replied his former wife opposed the variance in 1987, and in fact, she was not listed as a property owner at the time. In final resolve, he purchased the property after the variance approve I with the intent to maintain or sell as a buildable lot. Hurr clarified that he receives two separate tax statements. Remlen stated that Is correct. Hurr asked aoout the narrowest developed property In the area. Bachman noted the staff report indicates this parcel is 5’ narrower than +he next smallest developed property. Gaffron clarified that the two parcels next to this property are also 55’ wide, but there are no lots narrower than this property. Dotzenroth stated there are no lots narrower than this property, and requested Council to again consider the environmental impacts. Jabbour replied that the vacant parcel could contain hardcover even If combined with the adjacent parcel. Dave Truax, Remlen’s realtor, disagreed with the position held by Hare that the values In the area will be reduced. He stated both the Remlens and the Blelkes enjoy the benefits of the vacant parceI . 1:1 niNUTfS Of A AfOUiAII OAOMO COUliCU MflTIMQ MCLO MAY tttl lONtMB rui •tatt - CONT cunt ttalAtf do *»•»• • er*v^y f*A€« th# lot lino. Si»o odOo<l (iMfinf o focont ooon nouto o^ in#if o^ooo^ty. lAoro »oo convorootton r#f«rOinf ttiit orooort)* onO tntoro<«t In tnoir orooorty noo ftointfioO. Rolloy OOMI Ml MOytO woto to Oony oo no wntfwo Aor^tAtp hot OOOn oliown. Oootton itotoo oflof C«n*neiit novo 0ocitfo4 tnii to M o Ouiitfooio lot. onO on# too*o nono»**5©on0 to foiy on tnoif tiocition. Sioonton inoicotoO tnot it lo covroot thot prior oction oooo not pinO tM CoMOCil to front tM ronooot vorlonco oo opprovol lo tloo iioitof onf lopooO. M ooif tno Coonoll nooft to infoponOont I y eonftro tno norfonip for tnit rooooot ono proviooo oction cannot act 00 tM tola »*<pport for tnio opprovol. NoMvor, no ofPof tnot tM Cooncii It not lofOlly pronipittd fr«i frontinf tno vorlonco Poooo on norfontp. Mayor Collonan ooootionoO poot ovmortnip roforfinf vorlonco opprovol. Ooffron otototf tM vorloncoMOt orif molly opprovod wni lo imdor tno cooonn eonoromp «itn tM proporty to tno nortn. tnon It ooo oold to 0 ooporato oonor, and now it oonod Oy on odjocont proporty ownor atom. Mayor Collonan ttotod otnor tnon oconooiie roooono. no did not ooo any cioip of nordtnip. M«rr fo»t tMy novo tot o procodont In tno pact Py frontinf vorioncoo onoro tno oroo oMott T7» of tno otondordo. Sho fait tM only Quottlon lo tno oonoronip. tno fait tnoy woro Pound Py provlout opprovolt. Mayor Collonan roitorotod that tnoy Muot find o nordonip to opprovo. and tno proporty could bo coopmod and prevtdo a roooonoPIo uto of tho proporty. Murr ditofrood. that tnoy dociorod tnit proporty bulldoPio and now di§ngf^#lfi9 tiscAus# Jt Is otiHscI In coMRon o^nsrshlp tsith th# adiacont proporty. mmin% of a iifaui.Aii ommo couNeii Mti'viiiQ NlLO ilAT fA. IM3 lONlNO rut flfttl - com flg^r CAliAfim AtAAA mit M»tA |A# ftrit AMrOv«l. vAy •AOMitf tA«f f*»*At that Alttall*. Myrr asAaO AAowt |a« C»ty*t 9«»t peitcir to eoAtl«*r taiinf Aitlory K«II«F AAtA# tllAy C90mot At VAlliAt OOAttAA AtAtAO IA# COMACil AAA^OwAA vAriAfICAi in fflA AAAt AAAAA on AAvAf AvAilAAMlty. tno folt tfioCooncH «oo» not Ao«o tl»o rtfllt to rooviro IAo cooA*notlon. 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Kolioy difOfrood ond ftotod tAoy oro oloctod officlolo ond cap ^ roolocod If tAoir octiont oro not ofrood upon Ay tAoIr const Ituontt. Mo folt tAoy woro not Pound Ay post docitlono. Oootton folt tAo AordfAlp if tAo ovolloAHlty of tAo wotor. oowor ond voto: Ayof 2. noyo 3. Kolioy, Moyor CoMoAon ond JoAAour voted noy. It woo iwvod Ay Kolioy to dony Appllcotlon 01A11 for C. 3ock AI ooMn. A X':- ''A ..i ^'r te k'-: ^ # Hsl r. t-' niNUftt Of A AiOilUM OOQNO CMCtl HifTtMO MILO MAT t«. IttJ lOMiMB fiLl ftOfl « COM? mtfpt CAllaAl^ If A# to fjMCWtfAt# 9l«rAlfllO> «Owl4 ll&A MOitiOAAl fii»i m • fAlAO t*m l« lli« tl%« AMllCAtM^ to A* tAftlAf. KAllAir rntttmrmrn Ais It Mt «>V«0 Ar MtrO' CAIIAAA/I. tACOIlOAA Of JAOO«<'. to tOOlO ViMM ^yg|« f4tll AMlIOOtlOf* •»•!* fO^ C. JO<A WIT COOOO ClfCiO* to OllO« tfko OOOMCOnt tlM to OtaO**itfOtO M'OOAtO. AfOO $. OOfO 0. Nifor ColtoAoo €01100 tor 0 rocoot froo tO:IO to i0;00 p.o. lOtOI OtOM ONRIOrOMII fUitT. ISM MOMfN AIM MllVf • OOMOlTtOMAi UM iiT - fiiiOiiitien owoA Mr. Tyllf «O0 orooofit. Ooftroo oaoioiooO tA# oooiicont oooho o conoitiofioi woo oorwit for nn occoooory otfitotwro *o tAo roor foro of o tArwioA lot* oootlAO tAo roMilroO ti* OIOO ootOocA oao tAo JO* roor ootoocf. tAo liOOAt Aoo OfroOO to COOOIAO oil OOVOA of Alt MTOOlO. It «oo aovoO Ay Moyor CoMoAoa. ooooaOoO Ay fcoottOA. to _ Hooolytiofi OJIAA for AMlicotloo tlAft for CAriotooAor TuHy. UAA NortA Aro Orivo* ooorovlA« o cofiOltlofiol iioo oorolt for tM cofiotryctloii of »•» ooeotoory otryctyro on o tArowfA lot. Ayoo •• Aoyo 0. Ityrr otfeoO tAo IntoAOoO yoo of tAo ttryctwro. Tylly roOlloO It »cylc Ao ytoO for otorofo fOlt: 1AM MAM I HA LI to OoffroA oioloinoO tAtt looyo Invoivot oil opoHcotiono for lAiJ •orIAO iicoAooo* IA otoff*o ooiAioA tAroo of wAICA oro OltAOyt cotitrov#rty mn4 mimilmr to poot am* (cat lofit: Cfyatal §•/ tlafvlcai ■lAOWOrO HOrlAO. OAO HlAAOtOAhO toot HOrAO. LoAoolOo MorlAO Aoo OOOO OA OOOllCOtiOA rOOUOOtlAf JO to §0 Aooto lAtOAOoO to Ao otoroo OA IoaO for loho uto lA oOOltloA to tAoir TT Aorool olljo* Aovo Aot poiO tAo «»»p too for tAooo JO to AO 00 port of tAo oppIlcotloA. TAo Qu*ittoA it wAotAor or AOt tAo City It OtIII IA tAo AytiAOto of ropylot I AO Aoot OoAtIty.-? r HtHtftfS Ot A RfOUlAfi ORQNO CfMJMCti lilf tlim HtiO hat TA« ItHI im IMHIHA UCfNHS • com A9M. m w«rf IA«i •OOOtlOA. CO^i#A wtfA t*m ••ittinf COtf* »»ct«0f^ «AICM tt«t« tA«f If tlM of fA# iNirt^O kO lO AO • AOf^ *•#**! lO !••• 9f |A# gn II- - nOttAAO't. tA# IlCOAgO gAOolA AOI 90 IgglMO. I^OAO to g COAClOglOA tAOf *10 MCOAO# OAOO>0 AO f»gAf#0 for tA« JO to iO AOAt •OOlfiOA. Aooolotiofi AtJO gfAlOO tA«| lOgroOglOf tA# ^^1 OOAgltf Ooog C^ogto go gOv ♦ rOOOOAf Al A^t^iOH. AO fglf tAOf to 00 o eOOtl»Ct iA IggylAO O I ICOOOO fO» tAO 0«t^g OMAA. AO 1 gLtPWOnig tAOt AOAOO Oil tAlg OOOlTAIA A ItCOOgO AO » gAoOO fOi tAO ff AllpA. mO AOt ioeofoil# tAO OOOitlOilOl AOAt AtOiAfO OA l^lO. Ho AO too tAO i-t lOillllO AOCtlOA Ot tAO OOOO OiAAoAAOA OOCA lOAftAA. Aot OOOO AOt OOOrOAO AOAt OOAAIty. Ml A COACOrA IA tAOt IA MfAt Ot post orocticoof rOCOOAItiAf pOAt AOAt OOAAItT. If AOAt OOAOItr IA MOt AOOrOAAOO OltA tAOAO MCOAgO OOPl ICAt lOAg. fAO City HOf fWt iMIAfOlA COAflAolty AAO OOf «lTO tiO lOHO AOtAority It OOf oOAt tO lAtOIA. Hoyor CAIIAAAA AAAOO if tAO tAfOO AAOUCOtlOAg in OMOAtiOA OirOOtlf rolAtOO to tAo AiggAOr of AOOtA. OofffOA rOAliOO All of tAoO Ai# A» otor I «Al I y rolAtoO to AOAt OoAoity, ^lO tAo foro aao foo ACAoOyio utoO fOT tAo AOOiiCAtlen oro tlOO to AOAt OOAOIty proAlAltlAf AA lAAfOAAA IA OOAglty. Hoyor CoIIaAoa foit tAo lAAHA oAA proporly Aroofiit to tAo Affmtim of tAo city AAO tAo Atoff i AAAlTAlA of tAO AlOtory IA AHrfMt. m folt tAO tAruOt of tAo rOfylAtiOA OOffOAtOO IA HOAOlotlOA OfM IA rOlAtOO to iWtA of OOCAi, AOt AOOt OOAAlty. TAO tOAO ^ CttHAittoo CHAO to tAo Aol lof tAot tAo City oofAt to rofoloto tAo ■OrlAAA AA A AoAIAOAA AAO AA AliCA COAflAO OffOrtA tO AMAUTO tAOy Oe not onAAio in octivitioA oAieA oifAt Ao cofiAiOoroO nylAOACOO. gnO rofMlAto tAoH In octuAl woo of tAo lAoO oiHilor to ■•f otAo** IoaO owngro oro rofolAtoO. ConglOofAt lOO oog 5**. tAO §-t AOCtiOn of tAo COOO gAOolO AO rOTlAOO. AAO tAot IA MAWf cofiAiOorotion At tAo HiAnninf CooHiAoion lovoi. TAo too lAOiiOA tAot tAo COMAlttOO OAA COnCOmoO AAOWt OAA tAOt tAO I AAO «A0 AO ^ AccorOonco oltA tAo gonofAl viooA of tAo City onO tAo HOrl^A 00 not ACt In giiCA A yoy ao to Ao a amiaaaca or oAtfoAivo noloAAorAooO. Ono OAlor igguo to conolOor It oOoouAto f*^"*^* tpocif ICAI ly. tAo LAhA Uio Cognittoo OiO not oAAt to ro^lAto tAo nuHOor of AoAtg At tAo oArinA. aaO Horo ApocifiCAlly to rooHlAto dry ttAChinf. TAo CognittoA fonorAlly AoMovoO tAot tAo MArinog aAowIO Ao aI icwoO to run aa a AyglnoAA in Any wAy Ooohoo uoofyi. Mo folt tAot OAriAAg. kAOt oitAln tAooo porAHOtorA. ^ro OooiroAAio wltAin tAo City gnd oorvo A uAAful purpoto n •ottlAf tAo puAllc on tho lAko. Niwffv ot ii cmmo ooiMCii HitfiNO NfiO MIY 14. I49S Itts iMtM ilOMSft * C9IT C4((il4i4«» 44444 ^ tfm «nj*44' 44v r4r4f4«^4 to •O 44 «*Ol to 04 fill# COliitCll f^ORt 4*1 tiCOOtOA. ROt Ot OOOtt* 404 OOOt tf Roooiot (OO 04M tO 4iOl 140 OOOl C^iOtt. 90*4 99*90*49 tOO 044lC f<44 At^lKfor# too OOOt 41*04. JOOO<oir 04400 too Cowoc** to toot JOfctOMf OO OIIOMOO to OO nr. conM*4 onot rocoot ro«iOtt «ifo 0*4CM44ton r#o«rOtof Moror Coiiooofi 040IOIROO Oum0* o»»f»*Mi»»F 4MftO4to0 iitiOM^ not oo oiionoO to Oo lovoivoo nifO Oi4cii44*ofi roforoiof noriooo ot Oo lo OIM o onrioo onnor on# 0*0*0* t«it it fo M 0 contMct of ifitoroot. nr. Qynn rocwtif 000 o«or#44o0 o n‘40 toot JtOioor Oo olloooO to OOrt*C«OOtO. Motor Col 14040 folt JOOOOnr COmIO oct roooontlOlf too vrf^ 0*« to oortiCtOOto lo 0i4CM44»ori. Ilivoro ofrooo toot 00 foit toot JoOOowr 14 40 oi4«toO offioiol «oO tOOMlO €4rrt 00 44 40C0 400 milO *004 It tO# *tl004 frOM tOO Citt'o otooooo***! . KOI lot ooO Hoot too cwtcwrroo toot toot folt ^oMfoor «onlO oot lo Jiitoif* folt MoriAOt oovo to to riio oo 4 tortono loMiiooot iiMI ootoO ■out rofvlotiOAO •ovomiiif too*, no folt coiiotiof iooto not covotor-oroOoctivo ooo f«it to#t ooooio eoooioof wvolooot of iito rotoor toon ooot 00041 tt> mo ockoonioOfoO toot toot oooO to Kiwm too fHomor of 41104 to |u4tift romiifoO ooroiof. lOirr folt too oof coot loo »o oo OoO oo rooiitt* *0# twootl»io4 Omoo'o Of If loot ro^ioot to oovo JooOow** oot oortlclooto. Motor Colioooo ototoO toot oo« JOfO^r 010 oot oooO to otoo fono coo OOit 444WM0 toot OlMWI foit in too firot oloco. flivoro OM44tiOooO tO« cooflict fwoltloo 00 foot foooitt* Ootwooo too Lnco OOO to# cilt*4 wOo fovoroo. JoMowr ootoO toot too citt *4 oot iootcotlof toot 4 loorloo coo Oovo 44 noot Oooto 44 tOOt olOO, 0«it fOtOOf tOOt tOO Cltt iOOOlK oot Clwcoro tootooolvoo wito octuoi foot Ooooitt ooo oOoiilK 00It Oo coocorooO liito oofiotof poranotoro ooO 40 occoptoOio wto of too p ooortt. i NfMim^ OP A mmiLMm MiiO MAV 94, 1003 ittm IM3 IIAfllMA Ltomtt - OQNf. Myrr tl»«t flfc« pt»f* ^4* tlA^AfA' l« !!»• AA*! »»0# 9^ 1^ Am! AOAtt AIO^AO tn«r« lit I Iiint«r. 0«»rroM MAtAO %40 CAw^il AOO'OVAO A e*«« tK«| oriftAAi oiA*». itiio«***o a«k;a tlo<’A##. tWAA^lAtfAt IA« Jlilff CO—twf#0 t«AI ti»« UCO Aot «i#flC%»M* lAAl 0l I AOAtO 4*4 wAaO |A# IAAO, ?•! • yr4*f O^OtiAOt 0 ff«r—€• Mt— AOAtO to »• IAm^CKAA 0« a AAlly AAOlO 0^0 MAlt ?0 0» !•—«AA0 fikAt #r# Off OtACAOtf. — ^A»t »t —Ml# 444% AArvA OV tA# Citf It |A#f ACOnOMlAJfA fAAt All AAAfA Mill At AA— t!•# OA lA—CflA# lA tf»A IAAA. —# tA»t l>»A Citf #AAA AAt Ml§A fO rMAtrlCt AA'IAAO Ail# tflAir tfAAA Ot AAfVlCA. *•# A##A#. tAA CHH AOAl AOt l»»tAilA tAA AfiAAt lA AA MAA# tAf (AAiAIR# —# tiMI Afltl^A AMfIflA or—Artf AAA# AAAI AtA'^Hi. MAyOr CAIIAA— tlAtA# A# IIAA 'AA# tAA AAAMCAAIA AtAtUt# AH# fOMA# OVt tAAt it MAA CAA#lAtAlir rMviOM# lA Itff. AA# tAA —r# ftAJtlUJMI ■#irtO*t lA It AM«A. AA AA AAA—iO tA#t tAA'A »A AAljr AAA ACCAAlOA MAArA tAA UNCO AAA CAAtfAl AVAr AAfAIAf. TAA A»AA mA»«A It AAA#AfA# lA tAA OtAtMtA Aa# to #0 MitA AArAlAf lA CO—ACtlOA Ml tA —rlAAO. MAyOr CAIIAA— 00—100# tAot tAo OAI^ AIAAA mAIcA tAA UCO AAA OAAA fIvAA AOHAr Ao tAA OtAtA tO fA#MlAtO AArfelAf AAA tO #A MitA OAPfc»Af lA AArlAAA. TAA OtAtHtA fOAO AA tO OAO. “tAA rAfWiAtlAA Of tA# UCO AAO to A# lA ACCAr#AilCA ot tA AA# CAAtO—lAf tO tAA tOAlAf Or#lAAA€A0 Of tAA City*. NA A#lf»A# tAAt If tAO City'O VlAM AAOIlt tAA MAA Of tAA lAA# lA tAAt yOM AllOiiA# tA OArO AO —My AAAtO AM tAA A^AAAi’ty 00 yAM mIOA, tAA LMCO CVMHIt OOVAfA tAIA ##AAlty. TAa LMCO 10 ApyOM# I to AMtAorlty if it triAO tA OAvArA OOAt OAPAIA# AM lAfl# AaOA# am tAA tACt tAAt tAo AOAt Mill Aa IAMACAA# I At A tA# 1 AAA. AAAAlMtiAA A#3# lA#IOAtAO A jOIAt CAAtfAl MitA tAA UCO AVAf Aoco MAA. AO lAAf 00 tAo AOCA lO AttACAO# tO lAA# lA OfOAA. NA AAI# If tAA UCO 10 AlWMIlA# to CAA#ltlAA tAo ffOAt Of I ICAAAAA OA AAy CAAAACtlOA MitA pA^hlAf. AA OOlAA# tAOy AfO AOt OWpAMOfA# tA #A AA. HA fOlt tAo UCO 10 tfylAf to AfAAlAit Of llAlt tAO WOO Of —flAAO AA# OACOMfO## ffOA ACCAOO fOf tAo AmAHC. AA# tAA fAAO— fOf fOOtflCtlAf AAflAAO APOAAfO tA AO tO AACAMfAfA ffAA ACCAOO. HA OAi#. 'ACCAOO lO ACCAOO. AA# tAA #AM«A tO tAO lOllA #OAO AOt #A#AA# UPAA mAO PA^O to fAt tAo POAt iAtO tAA lAllA'. JOAPOyf fAltAfAtA# I" tAo pool tAo City AaO AOtAAIIOAP# WAAttOlAAPlA fOAlO. AA# lO AOM tfytAf tO CAOAfA tAAt pAIIOOOPAy. HA fAlt tAoy comI# AOt foly oa tAo UCO to co— up MitA lAflCAl UOAO AO tAo LPCO AaO AiPfAOOA# A AtAO tOMAf# A CAftOlA typA Of POAtOf0. r . niMufift Of M mooLMm CUOMO oouhcu ici^iNO mi» MAY f«. ttOJ itM MUM iiomm - oam It «•§•»•»« Of MSfOr Oy tf •OO'OV* fiNl tffla«rtn« tM« foll«Mifif: VinOaS'O Mor>fl« Crtftai ■Ni^»»k€. ••Ml lOit (iOM to •• ■*••••• to r«voo« itMfiiaoo '•••tM to ooot oo«»o<tr. Miif' Oliott »o>»o0 «o«ii toof tifitoAO to ooso ooroinf ttanoo^ot too 0O«t •^••ty *• MO lOMOor OO tft»«*o. Moyo^ Coiioooo MotoO ooriit** «i 11 ottii Oo ro^troO to 0# lltfic* Olto too i«t tOOIMf OOCtiOM. Mttroo •■mtit loyoot. •roOiooi coMcoro toot too City o«»i0 no lontor roovi^o an to too liconoo inOiCOtlf^f foctoro •oco •• OOCO ooriiinti toocoi. otc. &i*4 toit tM» Moy erooto •wttottoo ototf rotorn »itn on mooaOoO •«o(0*t. Moyor Coiioma offooo ono •iiotoitoO toot mmw •• ioooftont to c^ioiot* firot. MO coonfoo Hit aotion to Oir«€t ttaff to coonfo too liconoo forOi on# ••O*0lt OfMl rooort OOCO ft tHO JyflO tOtO MOOtlflf to Council oitli 0 no* iiconoo o^Oifionco. incloOinf Mottoro orovioooiy Oi ocwoooO ot tno Looo uoo CooBiftoo Moot into onO ty Council. MO OiroctoO otoff m tno mo on tiMo to iwt intortofo uitfi Tino ooo^otiono for tn# loco of o iiconoo. JoOioyr oaorooooO concorn tnot tnio rmt 0# conotruoC IMt tn# Cl lo not coA€or«»oO oitn toot Oonoity. Hurr oolO* *OOMO of uo vory clooriy criflcito tno LMCO. Out If If noO **ot Ooo^i for tnoir invoiooMont for tno yooro tnot Orono uoo Oolnt ‘OiOOly oouot* oitn Morino iiconooo. notmnf uMulO novo fotton Mono.* ono toiO on# oooo not novo tno frootoot oMOunt of eonfiOonco in Orono uitn rotorO to rotulotiono involvinf Morino JoOOour onO Coot ton oorooO ultn Murr tnot tno City noo uoltoO too lont to onforco tno orOlnoncoo. It MOO MovoO Oy Moyor CoMonon, ooconooO Oy JoOOouf• to toOlo action on tno it#3 Morino iiconoo to tn# Juno I4tn Mootint. onC •nforcoMont of tno orOlnoneo rooulrinf • Iiconoo no oucoondoO, onO OiroctoO otoff to roport to tno Council ultn o oroft of tno Iiconoo orOlnonco rofloctinf proviouo Olocuooiono. Murr ooiioO if tn«y uoulO novo o chonco to rovlow tno orOlnoneo prior to Ito oOootion ot tno Juno fOtn nootlnp. k.. RtHVttS Of A OfOUiAH ORQNO •WUMCU MflTfHO NliO HAT fA. ItOJ IllJ HMUNA iirnm • OOHt PiAfO' C a IIAKAA »iOt»4 R« ft# *^1 tiOf t *OM A* Vet«: A»«t f. (tATA 0. MITOR/OOIMeii aiPQOt AI WHyar CAI KMkAfl AlA»A»»MNl AttA^ «aAtin<§A •HA AAaAAff Of tAA iia«MiA#ia Aarit. it aaa cqaii to Aia Attt<«ttAa tA«t tMy coaaiAAr tAA A»AA trail AA fA«ir ATAlACt AAA Af# AMOWiaf OrOAO |A CAntnOHtA. It «AA AIA lAArAAAiea lAAt tllA NAfUIAOia AArAA latArATAtA fM AfflAIAWt glftAraatly fA# C*tT OOAA. WA AOtAO At tA# AlAAtiA^ tAara *AA AlAAliAAIOil tAAt tAA AfifAAAIA^ AlAAtl tA# trAII AAOuli AA rAAlACA# AlAtilAr lO vAAt It CArrAAtly tAAfA. lAirr tvAAtlAAAO tAA AllOvAAlA AAAAO ^ tAA trail. NAyOr CAIIAAAA AAIA tA# AffAAHAat rAAAA *Oalf wAAA Of AA4AAtr»AAA AAA A*CTCIAA* AAA AOAA AOt AAAfAAA ABAAA IMAitA. Mr. iyrAAt Af MAAAAOIA fArAA latArArAtA tAIA AACtlOa to AAAfl. AA wM I OAAIAA tAO AAA Of tAO troll. AAA AAIA. 'for laAtATKA if mO AACIA# tAAt AA MAt to Aata rollor AkAttaf. okAtA OOArAiAf. aaA Ate., mo aIH 9mt tAoH Oil. VA aIII OlACA It OaA OAlAtAlA It.' Morr AAkAA If tAorA «l 11 AA A CAfitAf MaA. OorAArAAoa coafiroAA tAoro lA AA KOI IAy tArovfA tAA A* AiAtA of IAa troll AAA aotoA tAO troll fork It aorroiiAr. m^rr folt tuo •* ii AAtAatioi At *t it aoit to o rooAiiAf. AAo AMAAtiOaoA «AO IA fOAO<M*AlAlA fOf OAiatAaoaCA Of tllA tfOll. OorAArAAOa rooHoA MoanAOia Cooaty will orovlAA HAiatAa^iAA. • ) KaMat rmportoo A# oaA MooroA Aata Hot wItA City off le I Alt of l_Qfia LAkA to AIacwas tAo fIrA OooArttAoat. TAoy Aata tatIawaA tAo AtAtoricai AuAtott oaA rooortAA All ooaoy Aaa Aaaa ACCOitfitoA for tAA Aktt 8 TAOrt. tflAy will AAAt AfAia to rOTlAW tA# IffA OwOfAt. JAOOowr tAlO IAa City Ik foftuaotA to Aata Mleh fArry •• fIrA CAlof. KAMoy AtotAd tAay aAAd A oAllokoeAy AitAOlltAAd oa tAo owaAftAlp of Aoulcnoat. • ii,. •i mnuffs OP A ntouUMi ooipicu utivina Mito NAv f«. itta Mim/OOlMCIt Ofraif • OQHf Cl r«0O<rt»« C*l? «t tO<H| l»»# AMOIAtAP tl^ to AAOrOOCA MlOot Mto? fitwol»OM «l Ol 11 toof !.•*• 0«t tOfftM O'OAO HOOIflO |0*A •! 0) <lOMOIif CO*MlO*** OV t*M|t O^OMO IMI« COMtHl tO O# »WVOI»«0 vitik ffkO L«A« *CC«tt tfttll ••• tO*P •»• •tpiA»«kOO to toooo oooo'o fAot OroMO *0# yikOO—» oitli too oooir ot too CMiitto*. OOP JOOOewr ton ti*o coo»»tloo *• MkoOiof ooitit.^ oo • lotfp oo o^tt too oreoivoi to rofioct toot ooiy J or • or tM OMSittoo ooi»o Oooo ottoopiof to# aootinfo or too Tooo Oorco* Oroo© woo wHf lorotvoo ootoOitooio^ too crttoMO oop coooto. Ho ••orooooO 010 frootrotloo oitO too orocott to too UC9. Motor Coiloooo ootoO toot »oo oivoto too «o|or rooort. NO ftotoo too orott rooo'too too OOBOO or too Too* Torco. ooot or mOico pio oet toot ooofor t of too ro of * too II Hiirr ^iMiktooroO Coi^tt OooO If koi to tor%o Of* oo 00*000 c *ttoo to roviow too tt. OOOttOA wOMiOtOOrOO OlOO. PI Motor Col 10001* OaO'OtOOMi Olooooro Mi to too OPPttMM* of o Poiico “ — —-,f rooort ofi too ofoooo. •ifiMvw* rooorto# Ooo Ooi oooooio mM I OO foiof oMt of Ovoiooto 00 or JmOO JOtO, OMt too C*tt MOt Oo»# oo OOOOftMilltt to MOO OrlfOt •ociott* ooid Oo momIO Iiooo tOooi pootfO. POUCf ONtCP MMOMT footfl MONTHLY HCfWT It MOO MOVOO 6t HMrr, tOOOMpoO Oy JoOOOMr octivity OMOMory roport. Ayoo A. ooyt 0. to occoot too MOfitOly foots) MONTH TOMKA CNIMt PHCYfMTIOM COALITION It MOO MOVOP Oy Hurr, oocooOoP Oy JoMoyr. to toTonoot ion roforOinf too Horto Tonko Crioo Provootloo CooMtiOf*. Ayot §. ooyo 0. fOOtO) MONTH NKNONIAL HOONITAL OOMATION It MOO MOvoO Oy Nyrr, toconOoP Oy JoOOoMf, to oceoot tOo •nfonootioo roporpinf too HOftO NoMorlol HoPicol Cootor Ooootioo* Ayoo S. noyo 0. V iit 5? fir- ■ HtWttS 09 A OfOUtAII OnOMO COUNCti MIfTI miO NAY fA. IttS tMSIHtfiri MPW Tfk«r« rnm% no rooorf. ClfT AONimonUlTOil** MfPO^ fOltl nili STOMOt TAMS iioorto oxoiotf^O tn« tonxt •»!! 0# iec«t*tf J2 1/2* proooMf lino ono tfio cotfo roouifot • §0* totOoci. • tonoori voo vritlon for SOAK AtOOl tOfiAt. fro •of tno mot ton Aoooootoo Olftf tfio c^o. It OOO MVOO Of otoff to orott an tno to* ootsocA tor 1 I. nofO 0. AooonOoO Of MOfor CoMofion. to 01 root t to taction f.|4 oOOinf an oxcootion to noi»r firo ratoO tifiAa to to aotOaoA 20*. Afoa coofti lAAAirr AOMTMliT O.J. tONMI It oai flOvoO tf inoroaao *or 0.2. _ _ _ _Of JOOOoyr. to aoorovo a AOiarf to M.i*. Afoo i. nofA 0. CMffl It Rvifi ao t to. iff» ot tf inirr, tacontoO tf Jattoyr, to aothorita nirinf Don rarf atartar at tna Orono Solf Coorao at foot ivo Nay ^ nowrif rata of tf.tO. Ayaa t. naya 0. foit) ittf AOJUSTNMTS Myor Caili^^ notoO M OlO not rocotvo tfio inforoation In Ilia oacAot. It oaa NOvoO ty Noyor Caiiafian. aoconaoO ay Jaaaoor, action on tno itff aiiOfot aoioatnonta. Ayoa S. naya 0. to tatlo (ottOI NILS 9L<atfoiHO - mcMCM umui mm It «»oa novoO ay Murr, aoc^OoO ay Jaatoor, to aooroYO tno oxaonOitwro of ti.aoo to Oo tno finian fraOint anO aooOint at tno aooor oonC prooorty* to to oaiO for fron tno OarA OoOlcation rwno. Ayoa ft. naya 0. Hurr oAkoO tnat tna nano Croncn Lako Park not bo racoonuoO aa it naa not boon aporovoO by tno Cooncll. I 4 •» •••1 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD HAY 24, 1993 (*•21) ESTABLISH PLANNING COMMISSION TERMS - ORDINANCE §115, SECOND SERIES It was i»oved by Hurt, seconded by Jabbour, to approve Ordinance •115, Second Series to establish the Planning Commission terms. Ayes 5, nays 0. (•21A) SEWER PLANT PROPERTY UPDATE Kelley asked each Council member their opinion of the value of the property to the City. Goetten said she was not against selling two lots, and reminded him this sale is to help offset the cost of the new facilities. Mayor Callahan believes it ought to be sold. Jabbour said, 'if I owned the property, I would keep it", but expressed concern that they had promised the public the property would Le sold to offset the cost of the new facility. Hurr stated no opinion. Jabbour said he agrees with Kelley that It is important to maintain open lands, and suggested they could acquire land in a more desireable location. Kelley asked if they would be willing to change their minds If a number of the public opposed the sale. Hurr stated there will still be many reminding them of their promise. Mayor Callahan said he is not opposed to selling the property regardless of the promise to the public. Moorse indicated if the subdivision Is to move forward they must prepare a Comprehensive Plan amendment ^or sewer. Mayor Cal Iahan felt they should not start the process until a price for the land is arrived at. Moorse stated the appraisal would be done early June. Kelley questioned the need for a private road to serve the three residents. Mayor Callahan stated he was not excited about going to the Metropolitan Council with an amendment to the Comprehensive Plan. No action required. MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24. 1993 (921B) OLD CRYSTAL BAY BRIDGE EASEMENT ACQUISITION It Mas mov«d by Mayor Callahan, seconded by Goetten, to approve the permanent and temporary easement for the Old Crystal Bay bridge project, and to authorize the Mayor and City Clerk to sign the easement. Ayes 5, nays 0. (•22) LICENSES Moorse added an application for a septic license from Olson Construction. It Mas moved by Mayor Callahan, seconded by Goetten, to approve the folloMing I icenses: Septic System Installers: Olson Construction Clover Hi I I Co., Inc. Garbage Haulers: Baldy Sanitation Inc. East Tonka Sanitation RAW Sanitation Inc. A RAW Roll-off Service, Inc. Ayes S, nays 0. («#23) BILLS It Mas moved by Hurr, seconded by Jabbour, to approve payment of the All Funds Account. Ayes 5, nay 0. ADJOURNMENT Mayor Callahan adjourned the regular Orono City Council meeting at 12:15 a.m. E^ard J. Cal4ahan, Jr., ATTEST: Dorothy M. Hal I In, City Clerk Planr.ir.<5 Ccr.oissicn Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE - PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) 4.s. 71 6.Pva 7. Z)<4V« ^PiLUn^ 8. 'J'p^kr T?tkj>tE^u ,S:W?> C«/VtJCr lA <y^<% p /SO ^ 5?2 7 CAf< r\C4i.i 9, 10.^ ff 1 11 12\r \^rv^<4tr U 13. 14. 15. 16. I'K 18. 19^ 20. ?>Q ■^'iCiVkACiE^^ t/(/» uiCru A%> ( Soov CAl.(jd Ct(2c(r / 11 4f pf ? £4 :i 1 I i : I .J AOIMDA POK CODMCXL MIBTIIIO SIT POR NOHDAY, NAY 24, 1993, 7i30 P.N. OROMO COXmCXL CHRWRIRS, 27S0 KILLIY PARKNAY, OROMO, NXMMSSOTA (*)Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the ConMCt Item* on the agenda. Memos regarding each of the Agenda items ^^^yailable in the Public Packet which may be obtained upon requelMtrom the Recorder. ROLL CALL 1. CONSENT AGENDA* 2. County Road 15 Safety Improvement Update APPROVAL OP NXIfUTBS* 3. Regular Meeting of May 10, 1993 4. Board of Review April 29, 1993 5. Reconvened Board of Review May 10,1993 PARK COtMXSSXOW CO LAO TOMKA COMSKRVATXOM DX8TRXCT - JoEllen Hurr Representative PUBLXC C0MNKNT8 - (Liait S Minutes Per Person) ZOHXMO ADNX1IX8TRATOR'8 RBPORT •• APPLXCAMT8 ••Immediately after the Council has reviewed your application please sign the three (3) original resolutions at the Recorder's desk. J^plicants need not execute resolutions for subdivisions, vacations and denials * 6 * 7 * a 9 10 Comprehensive Plan Amendment #3 « Resolution #1691 and #1702 City of Long Lake, 130 Orono Orchard Road Final Subdivision - Resolution #1734 John Burger, 3750 Bayside Road - Final Subdivision Resolution #1811 C. Jack Remien, 3237 Casco Circle - Variance #1828 Christopher Tully, 1355 North Arm Drive - Conditional Use Permit - Resolution 1993 Marina Licenses: - Windward Marina - Minnetonka Boat Works - Sailors World - Lakeside Marina - Gayles Marina - Crystal Bay Service NAYOR/COCMCXL RBPORT .1 A : "i Ji f./; !; I' !- f .*■ i^OlMDik worn COOMCIL omcmo cooMCZL ^ ' t ITZHO SIT rOR NOMDAT. NAT 24, Xf93, 7i30 ».N. ins, 2780 KILLIY PAMCNAT. OROMO, MZNNIfOTA POLZCI CSZIP REPORT ily Report Tonka Crime Prevention Coalition Memorial Hospital Donation STRATOR'8 RSPORT Ground Fuel Storage Tanks lary Adjustment D. J. Goman*16^^pRiary Aa^uscmenc u. u. vioman *17>^tablish Joint Work Session Council - Planning Commission •18. Temporary Enqployment - Golf Course 19. 1992 Budget Adjustments 20. Wild Flower Seeding - French Lake Park ♦21. Establish Planning Commission Terms - Ordinance Amendment 21A. Sewer Plant Property Update 21B. Old Crystal Bay Bridge Easement Acquisition CZTY ATTORMIT'S REPORT LZCEMEES (22*) EZUiE (23*) ADJOOR] qpCOMZM ZEEUES AMD EVEMTE 05/24 05/24 05/26 05/31 06/01 06/01 06/14 06/20 06/21 06/28 HRA meeting - 7:15 p.m. Council Chambers Council meeting - 7:30 p.m. , . Joint Work Session Council & Planning Commission 7:45 a.m. Monday Holiday - Memorial Day Observance Park Tour 6 p.m. Park Commission 7:15 p.m. Council meeting - 7:30 p.m. Sunday - Orono Facilities Open House 1-4:00 p.m. Planning Commission 7:00 p.m. Council meeting - 7:30 p.m. V* > • • ir., r MINUTES OF A REQUtAM ONONO COUNCIL NEE__^ HELD HAY 10, 1993 4^1 MOLL %■ Th« Council not on the oOov* dote with th« fol lowing wtwbort prosont: Mh/or Edword Cdilahan, Counci I»df»b«rt J. Diann Oodtton, Odbridi Jdiibour, Char I os Kaiiay and JoE11 an Hurt. Tha following rapraaantao tha City staff: City Adninistrator Ron Noorsa, Public Norks Oiractor John Qarhardson. Zoning Adniniatrator Jaanna Mabusth, City Enginaar Qlann Cook, City Attornay Kavin Staunton, and Racordar Soasia. Jaffray Johnson and Staphan Patarson raprasantad tha Planning CosMission. Mayor Callahan cal lad tha laaating to ordar at S:34 P.M. <91) Jabbour addad it 98, 7, 9 and 11. k.aiiay addad Itaai #20 Mayor Callahan addad I tarns S22 and 23A. It was BMvad by Jabbour, sacondad by Qoattar, to approva tha Consant Aganda as aisandad. Ayas 9, nays 0. Motions for all Itaws adoptad by conaant aganda will ba includad In tha silnutaa in thair raspactiva nuMarical ordar. (92) NEST HENNEPIN HUMAN SERVICES PLANNING iOARO COMMENTS LaOaan MeVllliaiss raportad thay ara calabrating tha organisatlon*a 20th annivarsary and prasantad a piaoua to tha City for Its continuad support. Mayor Callahan thankad tha organization for tha fina work thay ara doing. HcViiiiaiss raportad thara ara now 19 citias participating. (093) APPROVAL OF MINUTES It was sMvad by Jabbour, sacondad by Goat tan, to approva tha mlnutas of tha ragular Council, siaating ha id April 29, 1993. Ayaa 9, nays 0. PARK COMMISSION COMMENTS Thara wara no cowwsnts. 1 -■ *1, % ■; i 41 :••• MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 PLANNING COMMISSION COMMENTS J«ffr*y Johnson suggsstsd sines ths Council will bs appointing nsw msmbsrs, this would bs an opportuns tims to sstablish a joint ssssion with ths Planning Commission. Mayor Callahan thanksd him for his past ssrvics. PUBLIC COMMENTS Thsrs wars no commsnts. ZONING ADMINISTRATOR’S REPORT (•4) 91906 JON « SHIRLEY BILLIGMEIER, 293S FARVIEN LANE - VARIANCES - RESOLUTION 93272 Mr. and Mrs. Billigmsisr wars prsssnt. Mabusth sxplainsd ths applicants sssk a sstback variancs for a propossd acesssory structurs (tsnnis court) which is rsquirsd to bs placsd bshind ths front I ins of ths sxisting rssidsnes and maintain a 50* sstback. Ths tsnnis court is propossd at a 17* sstback bscauss if ths structurs was movsd to ths south, tha topography is vary stssp and ssvsrai maturs trass would havs to bs rsmovsd that now provids a natural buffsr. Ths tsnnis court will mast ths rsquirsd sids sstback of 30*. Approval is conditionsd upon ths ssptic systsm bsing staksd prior to construct ion. Thsrs will bs a 6* high retaining wail to support ths bass of ths tsnnis court. Gosttsn qusstionsd whsthsr ths sstback from ths ssptic systsm could bs mat. Mabusth statsd ths tsnnis court will mast ths 20* sstback from ths ssptic systsm and that is why ths rstaining wall is to bs installsd to allow for drlinags to flow away from ths ssptic systsm. Gosttsn clarifisd that ths only rsal concern is ths placsmsrt of ths tsnnis court in ths front yard. Mabusth noted in ths entire development, thsrs never has been an acesssory structurs placsd in ths front yard, but with ths natural screen Ing In ths area and ths curve of ths road, ths tsnnis court will not bs that noticeable. She noted ssvsrai of ths neighbors appeared at ths Planning Commission masting in support of ths project. 4 I % 4 m Ail,V' .4 ■I -S' I i H A NINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10. 1993 ZONING FILE 91806 - CONT. It MAS movAd by Jabbour, sacondad by Hurr, to adopt Rasoiution •3272 for Application •1606 Jon and Shir lay BiI Iigmaiar. 2935 Farviaw Lana, approving a front yard satback and allowing tha accassory structura to ba placad in front of tha principal structura. Ayaa 5. nays 0. (a#5) 61607 SUSAN MARIE SUMEY, 1330 CHERRY PLACE > CONDITIONAL USE PERNIT/VARIANCE - RESOLUTION 93273 It was movad by Jabbour, sacondad by Goattan, to adopt Rasoiution •3273 for Application •1807 Susan Maria Sumay, 1330 Charry Placa, approving a conditional usa parmit and varlanca to allow major land altarations within tha lakashora yard. Ayas 9, nays 0. (66) 61610 HENRY OENERO, 1245 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT > RESOLUTION 63274 Mr. DoNaro was prasant. Mabusth axplainad tha applicant saaks approval of a conditional usa parmit for a sacond story guast apartmant ovar an attachad garaga that has ax istad for yaars. Bacausa of tha axtansiva ramodaling and bacausa of tha kitchan in tha guast apartmant, tha applicant was raquirad to fiia tha application. Thara is. a braazaway that connacts tha rasidanca to a garaga. Tha braazaway araa doas not connact diractiy to a stairs that takas you to tha uppar laval apartmant. Accass is through a saparata door at tha axtarior of tha garaga. Tha fact that this did not maat tha raoulramant of an intarnal accass concarnad tha Planning Commission. But thay also notad tha braazaway doas not hava a parmanant foundation, and thara is adaquata araa to support a guast housa unit on tha proparty. Jabbour and Goat tan disagraad with tha Planning Commission's findings. Qoattan statad to hava a f jast housa tha proparty must hava tha ability to ba dividad and tha ^uast housa surviva on Its own. Mabusth statad tha proparty maats only tha araa standards for such. Jabbour said if this is to ba considarad as a guast housa, it must maat all raquirad satbacks. iv- Vr.:' r- NINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 ZONING FILE #1810 - CONT. apartment. During tha procass of updating tha apartmant, thay wara told of tha naad for tha conditional usa parmit. Jabbour statad ha doas not hava a problam with tha araa raquiramant proparty. Mabusth notad tha ratolutlon approvas tha non-rantal apartmant, rathar than a guast housa. Mayor Cal Iahan quastlonad tha applicant’s Intant for tha apartmant. OaNaro said thay may usa tha araa for a full-tima caratakar. Mayor Callahan notad savaral yaars ago, tha Council apartmants wara fina as long is accass was through tha rasidanca. Ha suggastad thay consldar thalr policy on guast housa usas again. Goattan notad that tha unit has axistad In tha past. Kallay notad thay hava allowad non-conforming usas In tha past whan tha structura has axistad prior to zoning coda standards. Jabbour disagraad with tha Planning Commission’s rafaranca to tha structura as a guast housa as this will prohibit futura davalo^ant of tha proparty. Ha agraad with tha Mayor that thay should ra- consldar thalr policy. Kallay quastlonad whathar thay hava tha powar to ravoka tha conditional usa parmit If It Is datarmlnad tha araa Is baing rantad. Mabusth indicatad that is always a condition of approval. It was movad by Mayor Callahpn, sacondad Rasolution #3274 for Application #1810 Hanry DaNaro. \246 Sixth Avanua North, approving a conditional usa parmit a conforming, grandfatharad, non-rantal apartmant, and diracting tna Planning Commission to ravlaw tha non-rantal guast apartmant ordinanca. Ayas 5, nays 0. ■•il MINUTES OF A REGULAR ORONO COUNCIL MEETINGHELD MAY 10, 1993 nt. nt. ih«n th« ling lopt Ixth lon- th« ntnt •'iflmaa ■'•p (*•7) 91812 THOMAS PATRICK GOODYEAR,712 TONKAWA ROAD - VARIANCES - RESOLUTION 93275It MAS movAd by JAbbour, sACondAd by GoAttAn, to Adopt RASolution93275 for AppliCAtion 91812 ThofflAS PAtrick GoodyAAr, 712 TonkAMA RoAd, Approving a vAriAncA to Allow a sACond story Addition. Ayos 5, OAys 0. (A98) 91814 THOMAS BERTHIAUME AND CHERRYL KACHENHEISTER, 3035 CASCO POINT ROAD - VARIANCES - RESOLUTION 93276 It WAS movAd by JAbbour, sACondAd by QoAttAn, to Adopt Rosolutlon 93276 for AppliCAtion 91814 ThomAS BorthiAufflA And ChArryl KAChAnmAistAr, 3035 Casco Point RoAd, Approving vAriAncAS to construct a second story Addition to tbs lAkAsids of ths rssidAncA And A grAdA IavaI deck Axtension At the side. Ayes 5, nAys 0. (98) 91818 KENT 6 SUSAN SWANSON, 32298 CASCO CIRCLE • VARIANCES - RESOLUTION 93282 GoAtten reported her vehicle sustAined $176.00 while becking out of the drivAwey. It WAS moved by JAbbour, seconded by Goetten, to Adopt Resolution 93282 for AppliCAtion 91816 Ken end Susen Swenson, 32298 Casco Circle, Approving vAriences to Allow a 10* Addition to the existing AttAChed gerege end a two story femily room Addition At the iekes ids. Ayes 5, neys 0. (910) 91818 RUSSELL LUNO ESTATE, 905 TONKAWA ROAD - CLASS 111 PRELIMINARY SUBDIVISION - RESOLUTION 93277 Derio Anselmo was present to represent the estete. Mebusth AxplAined the eppiicsnt proposes s two lot subdivision of A property loceted within the LR'~1B zoning district. The propose! SAtisflesAll lot stenderds. Tl\ere is 11.88 excessive herdcover In the 250*500* setbeck sree. The Plennlng Commission considered either Adding 25,000 squers feet to the 250*500* setbeck, or possible removeI of herdcover. It was Also Added, thet if the lot line Is reedjusted, it would encoursge new construction on Lot A to move closer to the leke end would be forcing the epplicent into An Averege lekeshore setbeck situetion. -v . V- MINUTES OF A REGULAR ORONO COUNCIL MEETINGHELD MAY 10. 1993ZONING FILE •1818 - CONT.Th« Planning Commission rscommsndsd approval as prasantad. conditionad upon ramoval of tha asphalt portion of tha ramp partially locatad In tha 0^75* and tha 75*250* satback araas. At tha maating, tha applicant voicad concarn with potantial aroaion if tha ramp is ramovad. Mabusth cautionad that arosion ba addrassad If tha ramp is to ba ramovad. It is racommandad that tha antanna toMars ba ramovad, including tha bolts for tha ona locatad in tha kannal. It is racommandad that tha 20* wida sawar aasamant ba vacatad, and that applicant procaad with tha application prior to final approval. Tha shad on tha lot I Ina will ba ramovad or ralocatad on tha davalopad lot. Jabbour commantad that undar tha shoralina managamant ragulations. It was racommandad that tha antira shoralina araa ba considarad as ona zona. Ha fait it was bast to considar hardcovar In aach zona, howavar hara is a situation that is not following tha norm. Qoattan put tha applicants on notice that any future proposals for additional hardcovar may not ba approved without additional removals or tradeoff. It was siovad by Hurr, seconded by Jabbour, to adopt Resolution •3277 for Application P1818 Russall Lund Estate, 905 Tonkawa Road, granting preliminary approval of a Class III subdivision. Ayes 5, nays 0. (••11) 81819 GREG PETERSON, 1920 SHORELINE DRIVE - RENEWAL VARIANCE - RESOLUTION 93278 It was moved by Jabbour, seconded by Qoattan, to adopt Resolution •3278 for Application 91819 Greg Patarson, 1920 Shoralina Drive, granting a renewal variance to construct a new residence on the property. Ayes 5, nays 0. (••12) FOREST ARMS SILTATION - INFORMATION ONLY It was moved by Jabbour, seconded by Qoattan, to accept tha information regarding tha Forgst Arms siltation matter. Ayes 5, nays 0. ■v4 •ij. .Mi NINUTES OF A REGULAR ORONO COUNCIL HEETING HELD NAY 10. 1993 (*•13) JOINT USE RESOLUTION 93279 CK cICENSE - LAUER/ENLON/LINDAHL ~ It was tnovad by Jabbour, sacondad by Goattan, to adopt Rasolution •3279 approving tha 1993 Joint Usa Dock Licansa to tha ownars of proparty locatad at 3155 North Shora Oriva, 3185 North Shora Oriva and 1406 Bohn's Point Road. Ayas 5, nays 0. NAYOR/COUNCIL REPORT A) Mayor Callahan rafarrad to tha status report submittad to tha Council. Thara wara no commants. B) Jabbour notad at tha last masting ha casually suggastad thay considar dad I eating tha Council Chambars to Brad VanNass. formar Mayor, and fait it should ba dona prior to tha Opan Houta. Hurr askad if thay hava avar considarad a dad i cat ion to a of tha Community, parhaps racordad on tha bricks. laadars Jabbour said ha fait Brad stood fast to a way of lifa that thay ara anjoying today and for yaars to coma. Goattan fait Brad is worthy of tha dadication, but that should not pracluda dadication to othars. C) Kallay said ha is concarnad that tha sawar pond proparty will not ba ratalnad by tha City as opan spaca. Ha fait land, in tha City of Orono's nama may ba a rara commodity in tha futura, and tha City should ratain what it currantly owns. Ha fait thay may navar ba abla to obtain or afford additional park land within tha City. Jabbour notad thay ara only looking to sail 5 acras of tha 37. Kallay statad his position is that thay should not sail any of tha proparty and It should ba savad for futura ganaratlons of Orono. ENGINEER'S REPORT (•14) BIKE TRAIL - OLD CRYSTAL BAY ROAD Dick Flint and LIN McMillan wars prasant CommIssion. to raprasant tha Park Cook raviawad tha location and dasign of tha trail. Mayor Callahan Inquirad if thay will also loss traas In a comparabla fashion as south of Highway 12 along Old Crystal Bay Road. MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10. 1993 BIKE TRAIL - CONT. Cook notod primarily thay will lose brush Hurr notad during tha tour thara was discussion about If tha curb and guttar is nacassary, why not mova tha trail further off tha road and place tha plantings on private property. Cook stated thara Is only one location of tha trail which is narrower. Hurr said aha would support the trail being moved further from the road whenever possible. Jabbour requested tha plans and specifications include all trees to be removed north of Silver View. He felt thay should condition approval on appropriate replacements being Identified, and such replacements are the responsibility of Hennepin Parks. He felt they should not go out of thair way to gat an easement to plant trees. He said all issues should be presented to residents along the trail and the residents should be kept Informed of progress. Goetten pointed out she was very concerned about several residents protest, and indicated the Council values their concerns. She suggested postponing a decision for two weeks to allow time to meet residents on the site to address concerns. Hurr felt they could still deal with the residents’ concerns If the pfoj^ct Is approved as the bike path is totally on the rlght”Of“ way. Kelley said he is In favor of the project, but does not want the trees to be removed and replaced with nothing. He said before he will approve the project, he would like to see a landscape plan for every location where trees are to be removed and replaced. Goetten agreed. Cook Indicated the trees will be planted by Hennepin Parks and will not be a part of the bid document. Goetten stressed the Importance of discussing the issue with the residents. Jabbour stated he would like to know what Hennepin Parks Intends to provide. He said the City should reserve funds In case the City needs to plant additional trees. 8 I rii .yiei? NINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10. 1993 BIKE TRAIL - CONT. K«M«y said ha would like to have a commitment from Hennepin Parks that the trees wiIi be planted this falI. Flint said the Park Commission feels It will take much longer than two weeks to do the plan Including the trees. In part because there is only 2’ available in which to plant trees. That is not enough room to plant trees In and the City will have to work with every property along the trail. He proposed they stake out the entire trail and then write a letter to everyone requesting a meeting to work with them regarding reolantings. Qoetten understood that the Silver View area is where the residents had real concerns. She agreed that the entire process would ^Ake longer, but urged the Park Commission to begin the process with the that owners Immediately as they have not heard from anyone. Hurr agreed that they need to talk to everyone along the trail. Kelley felt the leverage was now. He said he did not want to commit to th# projoct until he was aware of the entire scope of It. Jabbour questioned the contract with Hennepin Parks. Flint stated the drafting errors Included In the contract have not been corrected. Cook noted at any time the bids can be rejected. Mayor Callahan clarified that the Council Is unwilling to approve the bids until they are satisfied with the landscaping and the trees. All members agreed. He agreed that sending the bids out does not commit to anything. Hurr agreed and felt they should begin the process. Cook stated It would be six weeks before they would be ready to approve the bids. Hurr felt that residents would,still have time tor input and would not feel as though the project has been finalized. Moorse asked how the project would be funded. Mayor Callahan stated the expected source of funds was the highway funds. NINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10. 1993 BIKE TRAIL - CONT. It was iBOvad by Hurr, sacondad by Jabbour, to authoriza tha staff to lat tha bids for tha projact, and during tha Intarlm diractad tha Park Commission to contact all abutting proparty regarding tha scraaning and raport back to tha Council on this prior to accapting tha bids. Hurr agraad that It would taka tha full six waaks to maat with tha rasidants to discuss tha raplanting typas. Goattan statad har concarn was that thara has baan planty of tima to hava gottan ail this dona prior to this point. Sha said sha is concarnad with making a daal prior to talking with tha rasidants. Mayor Callahan raquastad a raport by tha naxt masting on tha diUussion with tha rasidants at tha cornar of SMvar Vlaw. Ha notad ha Is also concarnad with tha proparty at tha cornar of watartown and Old Crystal Bay Road. Ha thought It would ba usafu to tha proparty to hava tha bika path and ratain soma natural scraaning. Ha askad for a raport ragarding this proparty Qarhardson indicatad staff has discussad tha possibiIitias wi th tha ownar. Kaiiay undarstood that tha portion along tha Oickay proparty would not ba curbad. Ha hopad wharavar tha trail daviatas from tha right- of-way that curbs would not ba constructad and It ba laft as rural as possibia. Cook rapliad that thay would raquast bids on both ways. Jabbour addad curbing is raquirad to usa MSA funds. Vota: Ayas 3, nays 2. Kallay and Gcattan votad nay. Motion carrlad. (•15) WEST HENNEPIN PIONEER MUSEUM PRESENTATION was prasant to raitarata liar concarns ragarding prasarvatlon of tha old Town Hall. Maria Gorman, past prasidant of Wast Hannapin Plonaar Musaum, .and Earl Taylor wara also prasant. Sha raquastad prallmlnary approval of tha praaarvatIon. Sha raportad this building is ona of four buildings that hava any prasarvatlon valua laft in Orono. Sha rafarrad to tha articia about tha Town Hall and Cacll Clyda Gioaon. 1 T nil • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 WEST HENNEPIN PIONEER MUSEUM - CONT. Qasch said aftar maatings with staff, thay hava davalopad a plat map indicating a location for tha Town Hall building to ba movad to, a proposal to mova tha building, a considaratIon of tha Lion’s Club to fund tha foundation for tha building, and a landscapa plan. Sha said tha proposad location has baan chosan bacausa It would ba fl Had with history about tha City, and tha proximity to tha school to anabla tha chi Idran to usa tha facility. Sha suggastad it ba usad only in tha spring, summar and fall, and not ba haatad in any way. Hurr askad if tha insida would ba rastorad. Qasch said that would ba dona. Sha said tha City of Indapandanca has prasarvad thair old Town Hall, and Earl Taylor will spaak to that. Goattan indicatad tha nalghbors hava raquastad tha building ramain at tha original sita. Gasch statad thair main raason for moving tha building is to locata it naar tha school. Goattan said thara Is not much dry buildabla araa at this alta. Gasch notad It is vary isolatad whara It is currantly locatad, but that may ba a possibility. Mayor Callahan said ha has not mada up his mind on tha subjact, but has a tandancy to laava tha building whara It is. Ha Indicatad If tha araa at Crystal Bay Is laft as opan spaca, tha building marks tha cantar of tha City, and ha fait It saams appropriata to laava It thara. Ha Indicatad ha would Ilka to finish tha naw facility araa prior to moving In additional buildings. Savaral paopla hava coma forward with suggastions. Including tha building usad as a post off lea. Ha fait thara is no rush to dacida, but appraciatad tha tima put Into tha projact. Jabbour fait tha building has a substantial historical signlficanca, and should ba prfsarvad for historical purposas. Earl Taylor axplainad the musaum association laasad tha Indapandanca City Hall for $1.00, and tha City of Indapandanca Is r#sponslbl# for tho liability and malntananca* Tha lausauia is rasponsibla for sacurity, hasting and cooling. be. n MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 WEST HENNEPIN PIONEER MUSEUM - CONT. Hurr said sha would ba wiltino to work with Gasch on options. Sha felt thara may ba soma merits tor leaving the building at its current site. Mayor Callahan appointed Hurr to work with Gasch on this matter. (tie) PLANNING COMMISSION APPOINTMENTS Mayor Callahan announced the ordinance will be changed to reflect yg^r, staggered terms. The Planning Commission members are to serve for the time appointed or at the discretion of Council. The appointments are as follows: One year terms - Mr. Lindquist and Mrs. Berg Two year terms ~ Mr. Noland and Mrs. Smith Three year terms - Stephen Peterson, Charles Schroeder and Candace Rowlatte Planning Commission Chair - Charles Schroeder Planning Commission vice Chair - Stephen Peterson Mayor Callahan felt there should be a statemant In the preamble section indicating It is the Intention of the Council that the terms of the Planning Commission members are revolving after a maximum of two terms. It was moved by Mayor Callahan, seconded by Qoetten, to approve the language amending Section 2.50 and 2.51 as submitted, and directed staff to draft the appropriate ordinance, and appoint the persons to the terms as indicated. Hurr suggested the language be changed to read Planning Commission members are allowed to serve the Initial term plus two three-yey terms. She requested an amendment to the motion reflecting this Ianguage. Kelley seconded that amendment. Vote on the amendment: Ayes 3,,nays 2. Qoetten and Mayor Callahan voted nay. Motion carried. Vote on the appointments to serve up to 9 years: Ayes 5. nays 0. motion carried. •I i MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD HAY 10» 1993 PLANNING COMMISSION APPOINTMENTS - CONT. 6o«tt«n stated on# raaton paopla ara appointad to tha Planning Coamission is that tha Council hopas that soma day thay Mill bacoma a mambar of tha Council. Sha fait six yaars Mas long anough. (917) POST OFFICE LEASE It Mas movad by Mayor Cailahar, sacondad by Jabbour, to adopt tha Post Offica laasa as prasantad. Ayas 5, nays 0. (919) APPOINTMENTS TO THE NORTH TONKA CRIME PREVENTION COALITION It MSS movad by Jabbour, sacondad by Mayor Callahan, to appoint Stava Sullivan and Barbara Patarson to tha North Tonka Crima Pravantion Coalition. Ayas 5, nays 0. (919) ESTABLISHMENT OF WORK SESSION TO REVIEW COUNTY ROAD 15 SAFETY IMPROVEMENTS CONCEPT PLAN Mayor Callahan suggastad tha plan ba prasantad at a ragular Council moating so tha public can haar Mhat is proposad. All mambars agraad to hava a prasantation at tha baginning of tha naxt Council moating. («920) STUBBS BAY ASSESSMENT APPEALS: CHARLES BALQAARO, 3435 EASTLAKE STREET - RESOLUTION 932B0 GREGORY EHALT, 106 CYGNET PLACE - RESOLUTION 932B1 It was amvad by Jabbour, sacondad by Qoattan, to adopt Raaolutlon 932B0 amanding tha Stubbs Bay Sanitary Sawar asaassaMnt roll - reduction of principal aMOunt of aasaaaaiant for proparty locatad at 3435 Eastlaka Straat. Ayas 5, nays 0. It was Movad by Jabbour, sacondad by Qoattan, to adopt Raaolutlon 932B1 amandlng tha Stubbs Bay Sanitary Sawar assassiaant roll * raductlon of principal asiount of assassisant for proparty locatad at 85 Cygnat Placa. Ayas 5, nays 0. (921) LAKE ACCESS MONITORING APPROVAL ONR Mayor Callahan notad tha agraamant statas '‘all accatsas In tha City" and questionad how many there are in Orono. Qerhardson stated there are two public access for boat launching in Orono. They are requesting to use only the access off Loma Linda. .. *-4j~ ' MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10. 1993 LAKE ACCESS MONITORING APPROVAL ONR - CONT. It MAS iBOvsd by Hurt, sscondsd by Jsbbour, to spprovs th# Rlpbt of Entry Psmilt with ths DNR to sccsss any public accats that ara usad as a launch in tha City. Ayas 5. nays 0. Mayor Callahan raquastad staff to provide a list of ail public accassas administarad by tha City. (0922) PAY REQUEST NO. 2 GENERAL OFFICE PRODUCTS - FURNITURE It was movad by Jabbour, sacondad by Goattan, to author Iza Paymant No. 2 City facilitias furnitura for ganaral offica products. Ayas 5, nays 0. (923) GOOSE CAPTURE AND RELOCATION PROGRAM Moorsa axplainad this was a four yaar contract with tha Uni varsity. Tha Council is askad to aithar continua tha program or draft a naw contract. Mayor Callahan fait tha intarastad partias should prasant a contract prior to approval. Murr fait that if this program is offarad to ona neighborhood association. It ought to ba available to all associations. Kallay fait that If tha City expands funds for goose removal, tha City should also expand additional funds for other programs such as snow raaioval. It was movad by Hurr, sacondad by Mayor Callahan, to deny tha request to participate for a fifth yaar with tha goose removal program for Pheasant Lawn. Ayas 5, nays 0. (S923A) TEMPORARY PARKS HELPERS - TIM HULTMAN A DAVID NAY It was movad by Jabbour, sacondad by Goattan, to authorize tha employment of Tim Hultman as a Temporary Parks Helper at an hourly rata of $6.00 affective May 12, 1993. Ayas 5, nays 0. It was movad by Jabbour, sacondad by Goat tan, to authorize tha employment of David May as a Temporary Parks Helper at an hourly rata of $6.00 affective May 12, 1993. Ayas 5, nays 0. ■‘ii .4; *I -./I < - I 4 i ii ft r MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10. 1993 (««24) LICENSES It MAS movAd by Jabbour, following IIcansAt: sAcondAd by Goat tan, to approva tba Saptlc Syataiii Inataliar: Barfknacbt Excavating Garbaga Haul art: Waatonka Sanitation Wood I aka Sanitary Sarvica Inc. Spacial Evant Parmlt: Amarican Haart Aasociation MN Affitiata Ayat S. nays 0. (a#29) SILLS It Mat laovad by Jabbour. tacondad by Goattan, to approva paynant of tha All Fundt Account. Ayat 5, nay 0. AOJOURNNENT Mayor Callahan adjournad tha ragular Orono City Council at 10:35 p.« Edward J. Callahan. Jr.. Mayor ATTEST: Dorothy M. Hall in, City Clark ''A ■i •f # MINUTES OF THE BOARD OF REVIEW MEE'^ HELD APRIL 29, 1993 \4K4^. ROLL s; Th# Board of Ravi aw mat on tha abova data with tha following mambars prasant: Mayor Edward Callahan, CounciImambart J. Oiann Qoattan, Gabrial Jabbour, Charlaa Kallay and JoEllan Hurr. Tha following raprasantad tha City staff: City Acbninistrator Ron Noorsa, City Assassors Rolf Erickson, Dava Wllda and Tom Hallar, County Assassor Tom Scharar, and City Racordar Tari Naab. Mayor Callahan cal lad tha maating to ordar at 7:30 P.M. Hayor Callahan raad a lattar to tha Board from Rolf Erickson axplalning tha procass usad to datarmina markat valua. Ha raquastad appallants to stata thair nama, addrass, proparty IdantIfI cat Ion numbar, 1993 markat valua, and what thay baliava tha proparty is worth. All appallants wars instructad to maka an appointmant with tha Assassor or provida tha nacassary documantation prior to Iaaving. Audrav Ooland. 2476 Dunwoodv Avanua. »2Q~117-23 21 00Q4. 1993 valua $101,300 and 1992 valua was $92,000. Sha fait tha proparty has not incraasad In valua sinca purchasad 4 yaars ago at $87,400, and tha only Improvamants mada wara to tha roof and basamant. Sha addad sha Iivas on a privata road. Erickson notad that thay saw a larga incraasa In damand for lowar pricad propartias, and also tha Intarast ratas ara lowar so mora hoisas ara sailing. Ogland statad sha doas not undarstand why har valua should ba drivan by mortgaga ratas. Sha said sha would Ilka har homa ravlawad. Marian Balsa. 2437 Dunwoodv Avanua. »20-117~23 22 0012. 1993 valua $177,500, 1992 valua $182,700. Sha Statad this Is a $14,800 incraasa in ona yaar. Sha addad tha valua has incraasad $155,000 in tha last 25 yaars and thay hava not Improvad tha proparty any. Sha raportad sha doas not hava a garaga and I Ivas naxt door to thraa condamnad propartias Callahan inquirad as to what sha thought it is worth. Balsa said that would dapand on how much sha spant on nacassary rapairs, but no mora than $150,000. Erickson askad tha Board If It would ba approprfata for appallants to schadula a tima to maat with tha Assassor and laava tha maating without stating thair complaint. 1 NINUTES OF THE BOARD OF REVIEW MEETING HELD APRIL 29. 1993 Callahan atatad that would ba fina. Mrs. Jastar quastlonad If a sacond ravlaw would ba nacassary If tha Atsaasor has alraady raviawad tha proparty. Callahan axplainad that would not ba nacassary, but for purposas of prasarving thair rights, appallants must sign In and/or racord thair appaal at or by this masting. Mrs. Jastar clariflad that tha Assassor will ravlaw propartias daamad appropriata and maka a racommandation at tha Board’s naxt masting, but ultimataly tha Board has tha final dacision. Callahan concurrad. Erickson clariflad that thay do not usa comparablas, but rathar a MOSS appraisal systam, and thay do soma comparisons with proparty sal as. Ms notad thara ganarally is a vast diffaranca batwaan fas appraisals and thair markat vaiua. Callahan askad him to dascriba tha mathod usad. Erickson axplainad markat vaiuas ara astablishad at tha first of tha yaar. Tha County will coaipara markat vaiua with sailing pricss to datsrmins s madian, which must ba within 93*. If tha ovsrall isadian is low, tha County will incraasa tha antira city’s vaiua. Ha Indicatad building and land hava saparata valun, and notad araas of tha City sail diffarantiy and tharafora ara considarsd individually. Ha raportad if appallants ara unhappy with tha rssults of this Board, thay hava tha right to appaal to tha County Board, or can go to Tax Court, but ramindad tham thara Is always a chanca tha vaiua could incraasa. Mr. Ehramjaim askad if tha Assassors taka into account tha tlma it takas to sail a proparty. Erickson said thay only considar salas within a cartaIn tlma psriod, and sailing tlma would ba considarad a small factor figured into tha madian. Jim Balsa. 2435 Dunwoodv Avanua. S20-117-23 22 0010,^ 1993 vaiua $94,30, $92 vaiua $91,000. Ha fdit tha proparty was worth $82,000. Ha said tha proparty was appraisad prior to purchasa at $87,000, but Is an old housa In naad of rapair. Ha addad tha chimnay Is datsrioratIng but cannot ba rapalrad In tha axisting location as it doss not mast satbacks. Callahan askad If tha housa was In this condition whan purchasad. .-I 11 i 1 NINUTES OF THE BOARD OF REVIEW NEETINQ HELD APRIL 29, 1993 Bwis« said it was, but ha assumad ha would ba al lowad to rapair it. Ha said ha paid lass than $87,000 as ha purchasad from his grandmothar. Qrao Qarard. 2810 Maolaridga Lana. #21-117-23 21 0009. 1993 valua $280,900. Ha raportad ha purcr.asati this proparty in Juna 1992 for $250,000. Ha said that tha proparty has lass than 50* of iakashora frontaga, thara ara a numbar of aasamants across tha proparty, and ha purchasad it aftar baing on tha markat for ovar 5 months. Ha statad ha has fiiad an abatamant as wall. Callahan askad if ha would ba satisfiad with $250,000. Garard said ha would. All mambars agraad this would ba an appropriata changa subjact to tha appropriata sal as documants baing shown to tha Assassor. John Ericson. 1620 Shadvwood Road. §17-117-23 21_0011993 valua $283,000, 1992 valua $234,600. Ha notad this is a $29,000 Incraasa. Ha statad avary tima somaona wishas to mova out to tha I aka araa, ha pays tha prica. Ha addad ha is not al lowad to build on tha vacant parcal, and livas naxt to North Arm Landing. Ha fait a 3% incraasa would ba appropriata. Kan Roalofs. 1850 Shadvwood Road. #17^117-23 21 QQ14,. 1993 valua $287,800, 1992 valua $239,800. Ha statad this is an 11.69 Incraasa, and ha has not dona any work to tha proparty. Ha fait a 2-39 incraasa would ba raasonabla. Callahan notad tha adjacant housa at 1670 Shadywood Road Just sold. Roalof statad It sold for $235,000, and tha proparti as ara not substantially diffarant. Callahan quastionad tha markat valua of tha proparty. Erickson statad tha markat valua for 1870 Shadywood Road Is $204,000, which is a 88* sal as ratio. Ha notad dua to tha sal as ratio, tha land vaiuas tor proparti as along North Shora Oriva wars incraasad appropriataiy 29*. 1 i t minutes of the board of review meetingHELD APRIL 29. 1993 'vJ .^V n.ont «n1 lV9VvX:PQQ-t-i <993 If .40. 000 Mould b. appropri.t.4 H. pr.s.nt.d* 33* ***I!1J lipUSSlrTp hi. “...onlnp and via-., H. .aidth« Board with a latta P markat valua should not ba;»u;h-.r,i?5.‘S! 5RSf«^.r?SiSsiT? paid for tha proparty. rircla. a?o-l 17-23 A3 0008. 1993 valua Botart V,y,^7oo^^Hl%.TCrt»d during tha Ia.t 4 yaar. tha proparty ..r,* a .haat eomp.rins tront.aa inha;Vra%?n;.';?r‘:^‘lK.'tha" laaat v.lu.bl. and «..Ha.t lot. Callahan fait that was unraasonabla and statad tha ratas should ba cofsparabla. jabbour askad If tha calculation Is a combination of footasa. acraasa and accass. Erickson said It was. .. . .. hi. prop.rty '• P«:;.V,rr**prop.r‘tr«dV": of tha largar lots. Ha ha was Just dan I ad a badroomdisadvantaga In Orono. and *<ld*J* addition bacausa of his substandard lot. Callahan qua.tlon.d uhy hi. foot.g. would b. i»or. valuabl.. Erlek.on axpl.ln.u thl. .omatlma. happ.n. with tha m... appr.l.al mathod. Luassa addrd if tha markat valua ramalns for 1993, ha would hava raalizad «n 80» Incraasa ovar 5 yaars. I tor - ranraa.nt In$ LH 11" m-m-89 41 QO&l. AV U civarad Jy aM.nt. tor thaHa polntad out "ueh of tha radoalgnad and 0.000- ?Sr?o*u*.*J ::.*’S2lu'?nM:/i92Sfo?'.".?ll.r. .nd .. .a • -Tin. naarby. Jabbour Inquirad If thara Is lakashora accass. m 'ti' lIL. MINUTES OF THE BOARD OF REVIEW MEETINGHELD APRIL 29. 1993 % J- Coh«n said thars is 57’, and thay allow tha adjacant proparty ownars to usa the dock. Ha pointad out the drainage problem created by Bohns Point being at a higher elevation.Callahan asked what ha felt tha property was worth.Cohan stated ha felt it should be $18,000 lass. Jabbour questioned tha depth of tha lot. Cohan replied it is 445’ deep. Jabbour pointad out tha DNR paid $170,000 for a lot ovir 100,000 s.f., and fait this proparty should ba raviawad again. Ron and Miasv Ezarski. 2715 Panca Lana^ ♦21-117-23 32 0007. 1993 valua $1,480,000, 1992 valua $980,400, which is a 60S incraasa. Mr. Ezarski statad thay purchasad tha house in 1991 for $875,000 and it was substantially comp lata Ins Ida. Ha notad tha only comparabla proparty In thair naighborhood Just sold for $900,000>, and dascribad othar comparablas on Fox Straat and Bohns Point. Ha said tha adjacant proparty racantly sold for $714,000 and this proparty Is much iargar and has an indoor pool and tannis court. Erickson raportad tha housa was unfini shad insIda whan purchasad. Ezarskis disagrcad. Erickson notad ona must also consider quality whan looking for comparables. Ha said thay have racantly raviawad this property and would submit a report to tha Board at tha next meeting. Ha asked tha appraised valua prior to purchase. Ezarski said it was appraised at $1,400,000. Curt Quadv. 1223 South Brown Road. #10-117-23 31 0065. 1993 valua $91,500, 1992 valua $75,300, 1991 valua $75,500. Ha said ha has lived there for 40 years and tha only improvamant has bean tha sawar installation. Ha fait tha valua should ba $85,000. Jamas Stockton. 100 Chaw Chase Drive. #36-118-23 41 0030. 1993 value $101,800, which is an incraasa of $7,300. Ha fait this is vary steep. Ha referred to comparables given to him by tha Assessor, and questioned tha market valua after tha sale of properties. ,.4 -.rfv, wa . ,V>. M ., : MINUTES OF ' J aOARD OF REVIEW MEETINQ HELD APRIL 29. 1993 Erickson notsd in thss# casss tha sei I ing price was not used as t ie market value. Stockton asked why It is then used to figure market value for his property. He said when one Is on a fixed income, you should not have to worry about increases as such. He felt a $3,000 Increase would be appropriate. Rome Reinbrenner. Dana Halmrast. 3287 Casco Cl rc l t>_ ft2Q-t 17.-.23 43 0044. 1993 value $99,400. 1992 value $86,300. which is a 15.2» increase. He noted the property has not been improved except for the roof. He stated ma^iy peopie do not come to this meeting as they feel their valuation may end up higher. Callahan stated that is unfounded and many times appellants are given relief. Hurr questioned the amount of shoreline. Reinbrenner said they do not have any shoreline, and added about four years ago he contacted the Assessor because of an excessive increase in the value and was told "for crying out loud, look around you". Ht felt the value should be $89,000. Jabbour apo^ugized for the comment made by the former Assessor. Jeff Marshall. 4784 North Shore Drive. e07-117»23 32 0012. 1993 value $94,000. He said he should have appeared before them last year when the value exceeded $90,000. He noted a recent appraisal values the property at $88,000, and he felt that a buyer would not pay much more for thr property. Hurr noted the cost approach value on this appraisal is $94,300. Erickson explained the cost approach tends to set the upper limit of the property. Vartkes Ehramliam. 1050 Edaewood Hills Road. #02-117-23 13 0003. 1993 value $471,500 which is a 3.5« increase. He questioned the increase as his property was not reviewed by the Assessor. He noted he has experienced a lOX increase in the last two years. He understood that houses in this price range are not selling as quickly as others. He felt the property is worth $420,000 to $425,000. Hurr questioned the size of the lot. Ehramjiam said it is a one acre lot on a private street. 1;- MINUTES OF THE BOARD OF REVIEW MEETING HELD APRIL 29, 1993 Callahan pointad out valuations ara dona avary yaar Mhathar or not tha ;*roparty has baan visitad by tha Assassor. Callahan racassad tha maating from 9:25 to 9:35 p.m. David Llmoulst. 1930 Shadvwood Road. #17-117-23 24 0022. 1993 valua $168,100, 1992 valua $151,300, which raflacts a 29$ incraasa. Ha notad a discrapancy that ha has only 100* of lakashora and tha Assassor has 110* racordad for this proparty. Ha statad tha proparty Is shallow, has a 10* accass aasamant across it, and Is locatad naar tha channal. Ha said thay hava an arosion problam and a noIsa problam. Ha fait this lot should ba assassad lowar than proparty furthar from tha channal. Erickson notad housas furthar from tha channal ara valuad highar. Bob Holthaua. 310 Hollandar Road. $25-118-23 43 0010. 1993 valua •269,000, 1992 valua •263,000. Ha said ha has had his housa for sal a at tha currant valua sinca last Juna and has not avan had an of far. Ha fait $250,000 would ba an appropriata valua. Ha clarlflad that his homa Is a 1 1/2 story caps cod sty I a opposad to a rambiar as tha Assassor had indicatad thay hava listad on thair documants. Erickson notad homas with a sacond story a highar rata than a singla story. ara ganarally valuad at Ernia Blanchard. 2585 Dunwoodv Avanua. •20-*117-23 21 0032. 1993 valua $290,900, 1992 valua $256,600, which Is a $34,000 incraasa. Ha fait tha proparty is worth $250,000 as ha has mads no impro.amants. Ha said In 1979 his valua incraasad $21,000, 1980 was $40,000, and 1981 $50,000. Ha addad tha proparty adjacant was Just sold for a $100,000 loss. Daan Molin. 248 Cvonat Placa. $04-117-23 23 0017. 1993 valUS $167,900, 1992 valua $157,500. Ha said ha talkad to Dava Wllda who Indicatad tha 1993 valua should ba cl osar to tha 1992 valua. Mary Pals and Joa Jastar. 2515 North Shora Oriva. $09-117-23_4J. 0002. 1993 valua 395,700, 1992 valua $353,500, which Is a 12* incraasa or $42,200. Raaltors hava Indicatad tha proparty is wor*h $350,000. Sha notad It is a baautiful lot, but would ba vary difficult to rabuiId a house based on currant standards and tha currant rasidanca Is In a taar-down state. Thay also share a drive and hava an old wall. NINUTES OF THE BOARD OF REVIEW MEETING HELD APRIL 29, 1993 H»nrv Radtntz. 720 Dick«v Driv. 22 0003. 1993 v«lu« $312,100. 1992 valu* $307,000. H« said thay purchasad tha housa last yaar for $297,500, and ha would hava appaalad at that tlna but thay wara in tha procass of movin9 In. Ha raquastad tha valua ba lowarad to raflact tha purchasa pries. Stava Wilfcon. 2A$5 Worth Shora Driva. $09-117-23 44 IIII9 JL. 1993 valua $490,300, 1992 valua $417,000, which is a 1S» incraasa. Ha notad tha fiald stona housa was built around 1907 and probably would not ba aconomical Iy faasibla to taar down. Ha fait a 0 to 7X incraasa would ba raasonabla satting tha valua at $440,000. Jabbour inquirad at what point tha land doas not driva tha combination valua. Ha fait thara should ba a point at which tha valua of tha land would plato. Erickson atatad ha doas not know whan that plato would occur. Ha pvintad out a proparty (100’ wida) on Tonkawa with an oldar raaidanca sold for $305,000 last yaar. Jabbour notad ha purchasad tha proparty across tha straat with 300* of iakashora for lass monay. Callahan askad Wilson how nu^h iakashora ha has. Wilson Quassad around 200*, and tha ant Ira lot Is 2 acras with about thraa-fourths of it wat. Callahan statad tha Incraasa along North Shora Driva was vary sharp, and ha was not satisfiad that tha who I a procass was dona corract. Erickson said thay hava calculatad aach proparty along North Shora Driva individually as a«vn ara uniqua. Katharvn Andarson. 399 Laaf Straat. S04~117-23 23 0007. 1993 valua $99,900, 1992 valua $91,700. which Is an 11X Incraasa. Sha said this is a humbia two-badroom rasidanca which sha maintains vary wall, but fait sha should not ba panalizad for doing so. Sha said sha would ilka a 2 to 3X incraasa, or nona at all. Charlas Schoan. SQ9-117-23 41 0009. 1993 valua $129,400, 1992 valua $121,000. Ha said this Is a woodad out lot and quastlonad Its bulIdabiIIty with tha naw shoraiand ragulations. Ha fait It should ba valuad at $100 if daamad unbuildabia. Erickson said ha would contact staff regarding tha bulIdabiI Ity. 9 HINUTES Of THE BOARD Of REVIEM MEETING HELD APRIL 29, 1993 Jabbour cautionad Schoan not to admit ;he buildability of a proparty without propar documantation. Bob Andaraon. 3B43 Gharry Avanua. i08~117-23 33 0040, 1993 valua $62,200, 1992 valua $57,200, 1991 valua $55,600. Ha said ha has Just acquirad tha hoaia, but his parants ownad it for 40 yaars, of which tha last 15 yaars it was not proparly maintainad. Ha notad it has watar problams, no running watar, and is locatad naxt to a watland. Ha indicatad tha watlands has baan usad for dumping in tha past by adjacant naighbors, and on vary warm days ona can small tha oil that has bawn uapositad. Ha fait it was worth $58,000. John Marash. 2065 Cecity Road 6. 627-116-23 31 0019, 1993 valua $314,900, 1992 valua $290,500. Ha indicatad ha purchasad tha proparty In 1989 for $265,000, and tha markat valua at that tima was $303,000. It was latar raducad to raflact tha purchasa prica. Ha said tha housa was originally dasignad for commarcial usa. Is locatad on a Highway 12 corridor, and is 20 yaars old and naada upgrada. A racant appraisal dona for financial raasons indicatad a valua of $300,000. Ha addad homas in Orono ara not continually inflating as tha Assassor suggasts. Ha said tha proparty was an old traa farm and ha has sustainad approximataiy $10,000 to $15,000 worth of traa damaga during tha past yaar. Ha fait his proparty la worth $295,000. Qaoraa Caoo. 20B0 Shoralina Driva. ai5~117~23 21 0006. 1993 valua $442,000. Ha said ha purchasad tha proparty in Octobar 1992 for $415,000. Erickson notad tha proparty was sold via a shariff*s sala. Capp indicatad tha proparty was on tha markat for 2 yaars prior to that sala. Hurr quastionad tha amount of lakashora. Capp clarifiad ha has accass to tha I aka via an aasamant. Jabbour inquirad whathar a sharlff*s sala is considarad tha sama as a distrassad sala. Erickson concurred that It is and notad thasa types of sales ara not usad datarmina markat valua. Capp said ha purchasad tha home from tha bank who bought tha proparty for $406,000. MINUTES OF THE BOARD OF REVIEW MEETING HELD APRIL 29, 1993 Rick HollenkAmo. 1513 Bay Ridge Road,_i 10-11—QQ.Qfl> 1332 valu« was $225,500. Hs said ha purchasad this proparty in 1979 for $170,000. Tha rasidanca is 1,350 s.f. In 1982 tha valua Incraasad 64*. at which tima ha appaarad bafora tha Board and tha valua rainainad tha sama. Sinca that tima it has Incraasad $129,000 or 122*. Ha notad his shorallna Is a soft, mud bottom, not sandy, and tha traffic in front of his rasidanca has incraasad. Ha rafarrad to thraa propartlas which racantly sold In tha nalghborhood and not J all hava largar homas and battar propartlas. Oava WlIda has agraad tha valua is too high. Dan Parkins. 55 Landmark Driva._#06-117-23 22 001 1993 valua $339,800. Ha statad ha purchasad tha proparty In Oacambar 1992 for $320,000, aftar It was listad for $325,000. Erickson ciarifiad that this is tha rasidanca that sustainad fira daiaaga and quastionad who ha purchasad from. Parkins said that is tha corract homa, and thay purchasad diractly from tha original ownar. Callahan agraad tha markat valua should ba lowarad to raflact tha sailing prica. Jannifar Dotzanroth. 3225 Casco Circla. ^^Qrl17-23 43 QQ21.i. 1JJ3 valua $212,000, 1992 valua $186,100, or a $26,000 incraasa. Sha axplainad tha rasidanca is only valuad at $5,900 and naads to ba razad. Sha quastionad tha axorbitant incraasa in land valua. Sha notad many issuas afflicting lakashora ownars such as Incraasad dansity, arosion, and mil foil. Sha fait somathing has to ba dona to raliava tha tax burdan for tha aidarly and lowar incoma familias. Goattan statad thay ara walI awara of tha concarns of tha Community and thay ara always willing to taka tha tima to listan. Callahan indicatad tha currant aconomic conditions driva tha markat valua, but it takas savaral yaars for proparty ownars to raallza tha changa. Jabbour axplainad tha City racaivas tha sama amount of taxas ragardlass of tha assassad valoa. Ha addad if tha total assassad valua is too low tha County or tha Stats will incraasa it. Ha statad this Council doas support lagislatlon to hald tha aidarly and lowar Incoma familias to stay in thair homas. Ootzanroth fait tha 15* incraasa was axcassiva. i j MINUTES OF THE BOARD OF REVIEW MEETING HELD APRIL 29, 1993 Erickson said ths Casco Point araa was fairly stabla this ysar, but would raviaw tha proparty again. Maroa Gaach. 1030 Tonkawa Road. iOa^l17-23 13 0015, 1993 valua $263,000, 1992 valua $204,000, which is a 26S incraasa. Sha notad aha is 65 yaars old and has Iivad in tha rasidanca for 37 yaars. Sha atatad tha rasidanca was originally a susisar cottaga. Sha fait tha incraasa was dua to tha hugh hoaias baing constructad around har and askad for raiiaf whila sha still livas thara. Jabbour suggastad tha Assassor usa his proparty to compsra to Mrs. Qasch's, and did not fas I it appropriata to compara it to Hr. WiIlians* naw rasidanca. Writtan Appasis Subnlttad Hanry W. Saa, 1369 Orono Lana, 402-117-23 34 0005 Clark and Sharon Winslow, 406-117-23 44 0015 Mrs. J.H. Jastar, 2515 North Shora Oriva, 409-117-23 41 0002 Carol Callahan, 2545 North Shora Driva 409-117-23 41 0003 C. L. Johnson, 417-117-23 31 0011 Lao Hausar, 436-118-23 14 0014 Corky $ Lyla Johnson, 1396 Rast Point Road, 407-117-23 33 0004 Robart H. Owans, 1700 Bohns Point Road, 416-117-23 22 0003 Mrs. Doris Finn, 1640 Shadywood Road, 417-117-23 21 0013 ADJOURNMENT Tha raconvanad Board of Raviaw was schadulad for Nay 10, 1993 at 7:30 p.m. and Mayor Caliahan adjournad tha Board of Raviaw at 11:02 p.m Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hal I in. City Clark L MimJTES OF THE RECONVENED BOARD OF REVI HELD HAY 10. 1993 ROLL Th« Board of Ravlaw mat on tha abova data with tha following mambars praaant: Mayor Edward Callahan, CouncIImambara J. DIann Goattan, Gabrial Jabbour, and Charlaa Kallay. JoEllan Hurr arrivad at 7:56. Tha following rapraaantad tha City staff: Administrator Ron Moorsa. City Assassors Rolf Erickson and Dava WlIda. Mayor Callahan caliad tha maating to order at 7:30 p.m. Mayor Callahan axplainad tha Board has racalvad racommandatIons from tha Assessor for tha 46 properties for which tha owners have questioned tna value. Ha said If property owners still are not satisfied, they retain their right to appeal to tha County. Ha noted there are a number of people who contacted tha Assessor wishing to prsssrvs thsir right to sppssi, snd thst list Is included In the packet. He said he feels we have a very strong A9%99%or doing a very tough Job. He reiterated the assessments are complied by mass appraisals using comparisons and sailing ratios. Ha pointed out tha area actually reviewed this year was North Shore Drive. The appraised values compared to tha selling ratio indicated ths msrkst vsiuss wsrs spproxImatsIy 14S lowsr. Tha County rsquirss a valuation of 92 to 93* or tha value is automatically raised. Mayor Callahan noted there were soma properties which by the Board at the last meeting, and those will be Included In the approval motion. Grea Gerard, 2610 Maoleridge Lane. #21~117r_2_3—2J—OQMa Mayor Callahan noted at the first meeting, they decided tha value should be reduced to $250,000. John Icson. 1620 Shadvwood Road. »17-117-23 21 00.12^. Jabbour felt this value should be further reduced. Mayor Callahan noted tha appraisal changed oy reducing the land value. Jabbour agreed that lakeshore property is a premium, but at the same time property adjacent tci commercial SJulJv public landing. Is not worth as much. He said due to the County Roads abutting this property, the public access across the road, and the parking along the street, the value should be reduced. Kelley noted the similar parcel adjacent to this home that Just sold for $235,000. MINUTES OF THE RECONVENED BOARD OF REVIEW MEETING MELD MAY 10. 1993 Jabbdur f®lt th® valu® should r®malr> at $232,000. Goottan f®lt It was a larg® Incraas®, and th® property should raaliz® a smallar lncr®as®. jabbour t®lt thay should b® mor® conc®rn®d with th® mark®t valu®, not an Incraas® aach yaar. Kallay suggastad $240,000. qff^ram and Charmoln Grooms. 3095 North Shor® Privf. fQg-lW-g? n 0001. Mayor Callahan f®lt this valuation was too high, and fait $204,400 b. . Vor. r...on.bl. v.lu.- H. ..Id th. incraas® for th® property was assignad to th® land, valu® of th® land should b® limited to on lncr®as® of 16.4* a othar lakashor® prop®rtlao hav® don®. All mambars agraad to this reduction. Curt Quadv- 1223 South Brown Road. »1Q-117~23 31 OO^Sj. Mayor Callahan fait th® valu® should b® raducad to b®tw®®n TC*.M0. ^ f.lt th. Min r...on tor th. Iner.... th. ..I. of th. n.«t door hou... Th. eomp.r.bl. hou.. u..d ha. tiv. bedrooms. H® fait th® 15* Incraas® was axcasslv®. Jabbour agraad. Goattan f®lt it should b® $63,500. Daan Mol In. 246 Cyonat Plac®. $04-117-23 23 QO^Ix Mayor Callahan atat.d h. did not •«t.. th ' • valu. parcal. H. thought th. v.lu. ahould b. »161,000. Th. I.nd a.M*. hav® Incraasad substantially. AlI agraad. Sfv® wil«on. 2465 Worth Shor® Driv®. »Q9“117-23 4A QQAU Mayor Callahan said ha did not agra® with the valuation. He fait the shore I and has gone up 23* for no Vti«i*Vnn ^is reduced to the 16.4*, the value would be $461,400. Alt but Murr agraad to this reduction. Hurr the Property fronting on Crystal Boy with the view was not ovar-valuad.1 MINUTES OF THE RECONVENED BOARD OF REVIEW MEETING HELD MAY 10, 1993 Jabbour atatad if thay ara looking at this proparty as a potantial taar-down, ona most includa in tha prica tha cost to raza tha bo 11 dings. Hurr statad sha could not baliava anyona would taar tha housa down. Char I as Schoan. #09-117-23 41 0009. Mayor Quastlonad tha buildability of tha lot. Rolf Erickson said If tha ownar would Ilka to documant unbuiIdabi11ty, tha valua could ba raducad. tha Mayor Callahan said assuming It Is bull dabI a land, ha was dissatisfiad with tha valuation. not Qaoroa CaoD. 2090 Shorallna Driva. #15-117-23 21 0000. Mayor Callahan notad tha Board at tha pravious maatlng did raduca tha valua to tha sala prica. Aftar ravlaw of tha Assassor s commants, ha fait parhaps that was not quits right as tha aarllar saias would Indicata a highar valua. Ha statad tha Sharlff s sala is a sala which tha parson is only Intarastad In gatting his monay back. Jabbour disagraad as avaryona is invitad. Thara was no changa from tha raducad amount. Lauranca Raardon. 30S0 North Shora Dr Iva._»09~117-23 32 QQll^ Jabbour quastlonad tha Assassor’s faaling on this proparty aftar ravI aw. Erickson statad tha ownar comparad his proparty to pravious talas on Lafayatta Bay, of which two had baan altarad aftar purchase. Ha said this housa has baan updatad. Jabbour noted tha proximity to tha marinas. Ha said at soma point updating is nacassary, but that may not incraasa tha valua. Erickson said If thara Is a substantial changa In tha housa, tha valua will incraasa. Jabbour fait tha value should ba $380,000. All agreed. «««« NINUTES Of THE RECOMVEMEO BOARD Of REVIEW HEETINO MELD MAY 10, 1993 It was movad by Mayor Callahan, sacondad by Jabbour, to accapt tha racommandatlons of tha Assassor with tha axcaptlons of tha particular itams ravlawad individually. Ayas 4, nays 0. Hurr abstainad. ADJOURNMENT Tha raconvanad Board of Ravi aw was adjournad at 8:27 p.m. by Mayor Cal 1ahan. Edward J. Callahan, Jr., Mayor ATTEST; Dorothy M. Hallln, City Clark . r 'k- ■j TO: FROM DATE: Orono Council Members Ron Moorse, City Administrator Michael P. Gaffiron, Asst. Planning & Zoning Administrator May 17. 1993 SUBJECT: Adoption of Comprehensive Plan Amendment #3 List of Exhibits A - Resolution to Adopt Comprehensive Plan Amendment #3 B - Plan Amendment C - Metropolitan Council Letter of 4/28/93 D - Met Council Staff Reports of 3/31/93 and 4/15/93 On April 22, 1993 Metropolitan CouncU (MC) approved Comprehensive Plan Amendment #3 as attached to this memo. Council may recall that this amendment was initiated in late 1990 u a lesponse to the 1988 Metropolitan Systems Sutement. The initial draft submitted to MC in January 1992 included updates to various sections of the sewer element of the Comprehensive Plan and added to the MUSA all areas of the City currently sewered or approved for sewer but not ^viously included in the MUSA, and added the Long Lake Sewer Plant property to the MUSA. The issue of lural density (which was addressed by MC staff person Barbm Sennes at a City Council last June) ultinutely has been resolved by MC determining that om rural policies a«l l*nd use coiurols qualify the City as an "exception" to their Rural Sewice A^ policies. Therefore, they will not require any changes to our zoning nor any sanctioiis which might limit continuation of our 2-acre and 5-acre development policies. This presumably would hold true if we make future comprehensive plan amendments, although one caruiot predict how MC policies will change in the future. As of its approval, MC expects the City to update the sewer inftltration/inflow analysb which was initially completed by Bonestroo and Associates in 1981. Further, they expect us to esublish an inspection program to eliminate illegal ciear water connectio, nd we must prepare and submit a nnual progress report? to the MWCC of actions taken to solve infiltration and inflow problems in the sewer system. The final MC requirement of approval is a "future" requirement. As part of our Mxt comprehensive plan amendment the City must 2dopi Mei Council’s "Interini Strategy to Red^ Non-Point Source Pollution to All Metropolitan Water Bodies". That interim strategy includes the following requirements: Council Nfenio May 1?; 1993 Pag^2 1. City must ad(^ DNR Shoreland Regulations. 2.City must adopt design standards for new storm water ponds that will reduce the contaminant loadings from surface water ninoff. One set of criteria that is widely accepted is from \>e National Urban Runoff Program (NURP). The policy does not require retrofitting of existing storm water ponds to meet the new standards. 3.The City must adopt the MPCA’s Urban Best Managemem ’s Practices (*BMP*s"> titled "Protecting Water Quality in Urban Areas ” or an equivalent set of standards. The City has adopted Shoreland Regulations, and suff would anticipaie that we will adopt the NURP standards and BMP’s as part of our antkipaied storm water management plan, for which we have been "gearing up* by obtaining the topographic survey of the Cir . mdation Staff recommends adoption of the attached resolution which Amendment #3, tt,e Comprehensive Sewer Policy Plan, as an ai Community Management Plan. Comprehensive Plan lent to the 1980 Orono ffropna ed Motioa: Moved by . seconded by to adopt Resohitj No._____, adoption of Amendment No. 3 to the 1980 Orono Community Management Plan. ayes,____nays. Am .III i I A RESOLUTION APPROVING COMPREHENSHT PLAN AMENDMENT #3 WHEREAS, in June 1980, the City Council of the City of Orono (hereinafter "the City") adopted a Community Management Plan to provide for the orderly development of the City; and WHEREAS, the Metropolitan Council in 1988 issued a Waste Water Management Systems Information Statement which required that the City update the Sewer Policy Plan contained within the Community Management Plan; and WHEREAS, this update to the sewer policy plan is referred to as Comprehensive Plan Amendment #3 and contains the following revisions to the 1980 plan: 1. Population and household forecasts are updated to reflect the 1990 census data and incorporate City and Metropolitan Council projections for the years 2000 and 2010. 2.Orctio’s Metropolitan Urban Service Area (MUSA) and Sewer Service Area (MSSR) are revised to incorporate areas of the City which have been served with or approved by the City for municipal sewer during or prior to the period 1980- 1991. This revision also incorporates MUSA line amendments adopted by the City siiice 1980 and which have received Metropolitan Council approval. 3.Changes since 1980 to metropolitan sewer facilities and to Oronc’s municipal sewer facilities are detailed. •t Changes in the numbers and characteristics of on-site sewage treatment systems in the City since 1980 are documented. 5.The amejidtncrit updates forecasts of sewered and unseweied development within the City. Page 1 of 4 • >NJ( .'I 7. 8 9. The amendmeitt indicates miner revisions in the City's ordinances dealing with on-site sewage treatment systems, resulting in even greater control over the design, location, insullation, and operation of on-si e sewage treatment systems. The amendment (temonstrates that Orono's current controls over septic systems meet or exceed the Metropolitan Council requirements for allowing niral densities in excess of four units per forty acres. The City’s plan of action to reduce inflow and infiltration problems within existing City sewage facilities is described. The amendment reiterates that Orono’s Comprehensive Sewer Policy Plan is consistent with Metropolitan Planning goals; and WHEREAS, pursuant to legal notice the Orono Planning Commission held a public hearing on October 15 and November 19, 1990 to received public comments regarding _ ^ . t a ________. J _________A _____a —MrAOTAthe proposed foithcoming; and • If • Mini WHEREAS, the Orono Planning Commission on November 19, 1990 mded approval of the proposed amendment on a vote of 6-0; and WHEREAS, in January 1992 the City filed formal documenUtion for the amendment with the Metropolitan Council; and WHEREAS, written notice was sent to surrounding local units of government and other affected jurisdictions requesting written comments and no comments have been received by the City ; and WHEREAS, on April 22. 1993 the Metropolitan Council approved Comprehensive Plan Amendment 03 in the form attached to this resolution as Exhibit A, and WHEREAS, the findings and conditions of the Metropolitan Council include the following: Page 2 of 4 m F 1.The City of Orono may adopt the amendment as attached with no plan modification required. 2.The City of Orono’s niral service area policies and land use controls qualify the City as an exception to the Metropolitan Council rural service area policies. 3.The Metropolitan Council recommends that the City of Orono complete its 1981 I/I analysb update, esublish an inspection program to eliminate illegal clear water connections, and prepare and submit annual progress reportt to the Metropolitan Waste Control Commission and the Metropolitan Council of actions taken to solve infiltration and inflow problems in the municipal sanitary sewer sy.stem. The City of Orono as part of its next Comprehensive Plan Amendmem must adopt the Metropolitan Council’s interim strategy to reduce non-point source pollution to all metropolitan water bodies. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby amends its Community Management Plan by adopting Comprehensive Plan Amendmem No. 3 attached hereto as Exhibit A. Adopted by the City Council of Orono. Minnesott this 24th day of May, 1993 ATTEST Dorothy M. Hallin. City Clerk Edward J. Callahan, Jr.. Mayor Page 3 of 4 I STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The fmefoing instniment was acknowledged before tne on this 24th day of May 1993, by Edward J. Callahan. Jr. A Dorothy M. Halltn, Mayor A City Clerk of the City of Orono, a Minnesoca munici|>al corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 f. V i ;;i r Co^ »*> I'i Ulivl-Vj City of Orono CompfhtntWt Plan Amandmant CemprahMisivc Scuwr Policy Plan I I JiRUiry 1992 I REVISED JANUARY 1993 1 i r. ■^«i j______m% WbiIbJ m <!'■ iiii’>afc // /o \o ' ’i N City of Orono Comprehensive Plan Amendment Comprehensive Sewer Policy Plan '■V I I I I January 1992 REVISED JANUARY 1993 I iii^if lirnihf rirrwni-^ p 31891.1 CITY OF OltOMO ITT NMUtfSBIBHT PLMI PAST II# CBAPTBR € kicr vum - Ai 1.4 I » 1.4 of Confnf I.Purpose II. Scop« III. SuBMry of Amondaent •• IV, proposod Aaondnont A. B. C. D. e. F. G. B. I. J. K. Basic Sowavo Traataant Concapts i Principlas Sawaga Traataant Policy Plan Surfaca Natar Orainaga Districts Existing Sawaga Traataant Facilitias NOSA Lina Ravisions Coaaiunity Managaaant Plan Populati<m/Housahold/D«ployaant Projactions Sawar Facilitias Plan Expactad Sawar laprovaaants Infiltration/Inflow Abataaant Ordinancas# Controls# Adainistration s Enforcaaant V.Con.l8t«icy with M.tropolit«n Planning Poliei.a t Gttid.lin.a APPENDIX A: HUSA LEGAL DESCRIPTIONS appendix B: FLOW CAPACITY DOCUMENTATION .i ! 11 ■i jn -5 ,1 J i 1. The purpose of this amendment is to update the Comprehensive Sever Policy Plan (C.S.P.P.) element of the City of Orono's CoBimunity Management Plan adopted in 1980. The 1980 Community Management Plan was intended to set forth the City’s permanent planning goals, policies and facilities plans in the context of the legislative mandate plan for regional needs through the planning period 1980-1990. While Ororo's basic sewage management concepts and principles have not changed, many of the projects and programs anticipated for completion In the 1980s have been accomplished. The main purpose of this amendment is to update the C.S.P.P. to reflect these changes and to provide a plan framework for future projects and programs for the period 1990- 2000. II. aeon This amendment is intended to update t « Comprehensive Sewer Policy Plan element of the City of Orono’s 1980 Community Nanagesient Plan, in response to the mandate of the Metropolitan Council’s 1988 Waste Water Management Systems Information Statement. A review of past development trends in the City along with expectations for future growth based on current planning policies, lead to revisions in projections for population, households, and employment. These revisions were further evaluated as to their impact on waste water flow projections for th^ years 2000 and 2010. Private, municipal, and metropolitan system inventories were evaluated and updated to reflect current conditions, including an update of the MUSA line. City waste water treatment policies and goals were evaluated for consistency with Metropolitan Council policies and goals. I I I III. IICMWAMT or AW 1. Population and household forecasts are updated to reflect the 1990 census data and incorporate City and Metropolitan Council projections for the years 2000 and 2010. a 2. Orono’s Metropolitan Urban Service Area (MUSA) and sewer service area (MSSR) are revised to Incorporate areas of the City which have been served with or approved by the City for 3. 4. S. €. 7. 8. 9. IV, municipal sewer during or prior to the period 1980-1991. This revision also incorporates MUSA line amendments adopted by the City since 1980 and which have received Metropolitan Council approval. Changes since 1980 to metropolitan sewer facilities and to Orono's municipal sewer facilities are detailed. Changes in the numbers and characteristics of on-site sewage treatment systems In the City since 1980 are documented. The amendment updates forecasts of sewered and unsewered development within the City. The amendment indicates minor revisions in the City's ordinances dealing with on-site sewage treatment systems, resulting in even greater control over the design, location, installation, and operation of on-site sewage treatment sy stms • The amendment demonstrates that Orono's current controls ov.r ..ptlc syatois «.t or »xc—i the M.tropolltw. Council requirements for allowing rural densities in excess of 4 units per 40 acres. Th. Clty'n plan ot .ction to reduce inflOM and Infiltration probleaa within eaiating City aewage facilitiea in described. The amendment reiterates that Orono's C.S.P.P. is consistent with metropolitan planning goals. h. program. Orono's urban and rural areas continue to provide distinctly different lifestyles, amenities and services. Orono as ,J J J I I I I I .1 r I strictly controlled development within the 2 acre and 5 acre rural residential zoning districts. Development with private septic systems and wells has been carefully regulated, and with the exception of the Highway 12 corridor which was the subject of a comprehensive plan amendment in 1988, urban development has not been allowed to expand into the rural area. Although the 1980 Comprehensive Plan indicated that the State of Minnesota had dropped plans for relocating an expanding Highway 12 through Orono, recent requests by outstate interests have revived discussions about rerouting or upgrading Highway 12. While it is the City's intent to provide for the necessary safety upgrades to Highway 12, a future rerouting of Highway 12 through rural Orono would not be in keeping with the 1980 Comprehensive Plan, and would require significant revisions to the plan. The City is currently in opposition to any Highway 12 changes which would necessitate major resoning within the City. B. Semmge Treatment Policy Plan The sewage treatment" r'^'als for Orono continue exacting as stated in the 1980 Comprehensive Plan. These Include provision of an adequate safe level of sewage treatment and waste water disposal for all properties in the Cityi the protection of Lake Minnetonka as well as other surface and groundwaters from sewage effluent pollution} and achievement of these goals within the financial capabilities of the City and its citizens without becoming an intolerable burden on landowners or taxpayers. The City continues to maintain that the urban and rural service areas are fixed, and that the existing rural area will not be urbanized. The 1988 Comprehensive Plan Amendment regarding the Highway 12 corridor resulted in a determination that certain properties abutting Highway 12 and directly adjacent to the totally urbanized City of Long Lake, could not realistically be expf.« ted to be developed to rural standards. The rurally zoned areas within the Highway 12 corridor that were subsequently redesignated for urban development had experienced virtually no rural development due to their location and characteristics inconsistent with the character of the majority of rural property in the City.* That amendment strictly defines the urban uses allowable within the redefined corridor. As a result of the 1988 amendment, approximately 275 acres or 3.5% of the are^ of the City zoned for rural development, was allowed to shift to urban uses. The City has no intent to further allow for urbanization of the rural zones* and rural development with private sewage treatment systems and water wells on 2 acre and 5 acre lots continues to be a viable and attractive alternative to the denser* urbanized housing being developed in municipalities isoMdiately to the east of Orono. Regarding rural sewage treatment policies* the City continues to strictly control the design and construction of on site sewage treatment systems to strict preformance standards. Additionally* each new rural residential development continues to be required to provide full site evaluation of each individual proposed building lot* so that the initial and future sewage treatment needs of each home site can be met on that individual site. vhe City has adopted the Minnesota Pollution Control Agency's Chapter 7080 regulations* with minor revisions which will allow Orono's more restrictive on-site sewage treatment provisions to prevail. C. Sorfaoe Water Draiaaqe Districts Orono continues to develop under guidelines of the Orono Surface Water Management Plan as indicated in the 1980 Comprehensive Plan. Wetland preservation remains a primary goal and policy of the City, providing for natural storage and filtration necessary to purify storm water runoff. This policy is consistent with Orono's intended rural land use planning ^ilosophy. D. Xsistiag 0—mgs Treatment Facilities Significant changes to metropolitan facilities* municipal facilities* and individual sewage treatment systems have occured since the 1980 Comprehensive Plan was adopted* as follows: 1. Metropolitan Facilities A. Completion of the Orono/Long Lake Interceptor in 1980 resulted in the elimination of nutrient-rich sewer effluent outflows to Lake Minnetonka from the Orono and Long Lake sewage treatement plants. Bach treatment plant was replaced with a M.w.C.C. owned and operated pump station. 1 1 I I I I I I I I I I I I I I I I J 5 r I [ ( I t i: c t c i c t t L L B. The completion of the Maple Plain interceptor in 1904 removed the last of 7 municipal sewage treatment plant discharges into Lake Minnetonka. The City of Orono had originally opposed construction of this interceptor in favor of treatment plant upgrades* because the excess capacity of the interceptor would be counterproductive to Orono's plans for rural* low density development. As a result of Orono's opposition to the excess capacity* the Maple Plain interceptor was redesigned and constructed at a size which provides no capacity for use by Orono (M.W.C.C. Project #83-52)- C. An upgrade of the Orono/Minnetonka Beach interceptor was completed in 1989* resulting in additional capacity. Prior to this project* p«. ak capacities had been exceeded on a number «. f occasions* allowing untreated sewage to overflow into Lake Minnetonka (M.W.C.C. Project #85-67). 2. Municipal Facilities. ^he City of Orono continues to operate a municipal system of sewer trunks and laterals in various non-oontiguous sections of the City. This non-contiguity results from a number of sewer projects serving pockets of historically dense development. These sections are broken down as followss A. SOUTHWEST ORONO SYSTEM. This system serves the Mavari*. business area as well as the majority of Orono's lakeshore residential areas. The original 6 projects were installed from 1964 through 1979. The following additions and upgrades have occured from 1980 to 1992s 1. North Shore Drive/Scotch Pine - sewer laterals and lift station - 1980> 12 residential connections. 2. North Shore Drive/Highwood - sewer laterals - 1901 - 3 residential connections, plus 3 stubs for future use. 3. Navarre Theater Project/Northern Avenue - sewer laterals connecting to existing lift station - 1902 - Approximately 35 residential connections — included lift station #6 bypass. 4. Carman Street Project (private) - 1984 - lift station and laterals - 3 residential units. L 5. 1984 Forcemain and Lift Station #7 upgrade. 6. 1989 Lift Station #10 Bypass (in conjunction with M.W.C.C. Project #85-67). 7. Lift Station #8 Upgrade - 1990. 8. Stubbs Bay - 1992 - sewer laterals and lift stations - 137 residential units. B. OROMO SCH(30LS/HIGHWAY 12 SYSTEM. This system was originally constructed in 1967, with gravity discharge to the City of Long Lake lateral sewer system. The following upgrades and additions have occurred: 1. Construction of the Medina/Orono interceptor, (1981) included construction of a forcemain from the Medina Morningside area of the City of Medina. This forcemain discharges to the pre-existing Orono gravity lines in Old Crystal Bay Road. 2. The Medina/Orono/Long Lake bypass consisted of gravity mains linking the original Orono gravity system directly to mains near the Long Lake pump station, bypassing the Long Lake municipal lateral system to relieve capacity problems created by Orono discharges. 3. Project #1989-1 included laterals, trunks and a lift station/forcemain to serve existing and future development, both residential and commercial, within the Highway 12 corridor identified in City of Orono Comprehensive Plan Am«:adment #2. This project also included construction of a water system and we 11/pumphouse. Project #1991-2 further extended laterals westward to serve the new municipal offices. C. BACKBERRY HILL SYSTEM. No changes have occurred during the period 1980-1990. D. NAYZATA SYSTEM EXTENSIONS. No changes have occurred to this system during the period 1980-1990. E. CRYSTAL BAY SYSTOM (1985). This system consisted of trunks and laterals to serve the Crystal Bay neighborhood, approximately 85 residential units. Gravity laterals discharge to an injector station at the intersection of Spates Avenge and I I I I I I I I I I I I I I I I I I I f r r I I r r I [ t ( c t t t t I I i County Road 15. The injector station discharges directly to the Orono interceptor in County Road 15. F. COUNTY ROAD 15/MARINAS SYSTEM (1980). This system consists of laterals and an injection station discharging directly to the Orono interceptor. This system serves 3 residential units and 2 marina operations. G. MINNETONKA 3LUPPS/NEST PERNDALE SYSTEM (1980). This project consists of gravity laterals, low-pressure, small diameter forcemains, and an injector system discharging to the Orono/Long La)ce interceptor. This system currently serves 52 residential units, with capacity for additional units. Map 1 indicates the various component sections of the Orono sewer system. 3• Individual systems. Individual privately owned and operated on-site facilities continue to provide safe and adequate sewage treatment for properties located in Orono's rural service area. The City continues to maintain a complete inventory of existing on-site sewage treatment systems. The current inventory of system users is susBBarised in the following tablet Existing On-Site Sewage Treatment Systems 1900 1991 Residential Residentin1-seasons1 Churches Retail Boarding Kennel 930 50 4 4 1 Golf Courses Conference Center City Offices Day Care 1 2 1 1,095 (includes famsteads) 55 (cahins-a»st on Rig Island) 5 (2 with daycare operations) 1 (earket at Bwy 12/County Rd «) 1 (approved for sewer per Coep Plan Reendment #1 in 19B7 but never connected) 4 (2 of 4 have clubhouse connected to sewer, naintenanoe operations on septic) 1 (Spring Hill - use varies) 2 (5 days/week) (2 separate bldgs) 1 Total On-Site Users 997 1,165 i ivklI i.~| i^.* v\* '. - I v^ . lii:^• ' ' I <4 N,i (' ? • ■ ’ f f - ■ • ■ ’ ,. **.. * t' 4 • ^ •!!!>(j t ! .1 i < jl M I < f , M^i'>x ■ ■ . M' r''? V ^ -r A1 r*‘'m T < •. ■ I %| ■ ft* - 1<4 ■ i«: I cnw?o < M Ow O H 1^ O o »o o f CO U1 VC rcn Ir*cn cn t-*cn 4^. CF\ tr*cn VO w >cn n ic t-" f H .-•;!♦• ''•J I ^/ d •>'A.1k I 1 /;• >>:^ 'V A V «*• I '«*:■ ? fo •S, tr'cn CO cr^ n1/ tr^ ij~: cn t-^ CO 4^ IT* CO cn VO kr$!TS1^ 1 ^ % wt The use of on-site sewage treatnent systems continues to be carefully regulated by the City to assure adequate public health and environmental protection. Each on-site system is periodically inspected by the City to ensure proper use and adequate maintenance. During the 1980s» temporary summer inspectors monitored existing systems, while full-time City staff performed the necessary plan review, new installation inspection and record keeping functions of the on-site program. In 1980-89, the City issued permits for all new septic systems. During this same period, 214 permits were issued for repairs to existing systesM. The number of existing systems did not increase commensurately with the number of new systems permitted, because during this same period a nusiber of existing systems were abandoned and connected to municipal sewer. Of the currently approximately 1,200 existing septic systesis, approxisuitely 15% use mound type drainfield systems due to soil and water table conditions. Approximately 84% use standard trench type drainfield systems. Approximately 1% of the existing systems are holding tanks, due to extremely small lot sixes or site conditions unsuitable for septic systems. As new developawnt continues in the rural area, the proportion of mound type drainfield systems is expected to increase due to site conditions. Approximately 75% of all new or replacement systems constructed in the City in the last three years have been mound systems. B.ISA Limn Bewisions Existing MUSA/MSSR The Metropolitan Urban Service Area (MUSA) within the City of Orono was originally established via Resolution #1135 of the City Council on Apri? 14, 1980. Legal descriptions of specific areas with the City we,.e defined as Parts I through V of Orono*s Urban Services Area. Resolution *1337 adopted November 23, 1981 established and legally described Parts VI and VII of Orono*s MUSA/MSSR Area. Resolution #2131 adopted February 23, 1987 reconfirmed the inclusion of Parts VI and VII, and further added two areas of the 8 city to the Urban Services Area. Those areas are hereby designated as Part VIII (Crystal Bay Sewer Service Area) and Part IX (PulBer property). Resolution #2437 adopted Nay 23, 1988 established and described by map additional properties to be included within Orono's MOSA/NSSR, in two distinct areas hereby designated as Part X (western portion Highway 12 Study Corridor) and Part XI (eastern portion Highway 12 Study Corridor). Part XVI, Stubbs Bay, was established via Resolution #3153 adopted August 10, 1992 as Conprehensive Plan Anendsient No. 4, which received Met Council approval on July 23, 1992. Proposed Revisions of MUSA/MSSR The following additions to the MUSA/MSSR are hereby proposed! Fart XII includes 20 properties along North Shore Drive and South Old Crystal Bay Road which were served with smnicipal sewer either in 19€3 (adjacent to original Orono trunk line) or which were part of the North Shore/Scotch Pine Lane project in 1981. Area includes Suburban Hennepin Regional Park District’s Noerenberg Park. Total area of Part XII is 140 acres. Part XIII consists of the 3-acre residential lot located at 650 North Brown Road, which the City allowed to connect into the adjacent City of Long Lake sewer systee in 1986. Part XIV contains approxisMte ly 4 existing 'Maysata System Extension', which was 2-acre single family residential lots in 1991. adjacent to the platted into two Part XV is a 24-acre tract within Orono adjacent to and owned by the City of Long Lake. This parcel is subject to a settlement agreement pursuant to a petition for the concurrent detachment aad annexation of the property filed . by the City of Long Lake with the Minnesota Municipal Board. That settlement agreement is conditioned in part that the City of Orono successfully completes a MUSA line amendment to include this property within the MUSA boundary. The agreement further stipulates that: 1. The City of Long Lake shall extend sewer and water to the property* which shall be chargeable against Long Lake's allocation for sewer and water units; and 2. The City of Orono shall grant sufficient soning approvals to allow the development of 13 residential lots on the property. Such zoning approval is proceeding in the form of a Planned Residential Developswnt granting an area variance to the 2-acre per lot density standards currently in effect. Parts I through XVI are depicted on Map 2 and legally described in Exhibit A attached. tf NaBa^Msat Plan Sewer facility planning in Orono continues to be directed by the philosophy and policies contained in the Community Management Plan. The plan continues to call for development in both the urban and rural (wrtions of the City. By limiting the density of developsMnt while preserving all natural marshlands* wetlands and drainageways* the quality and quantity of stormwater nutrient pollution will be controlled. Orono's population growth has been significantly less than anticipated by forecasts in the 1980 Comprehensive Plan. The 1980 Plan projected an Orono population of 8*340 for 1990. The 1990 census population figure of 7*285 is virtually equivalent to the 1980 Comp«'ehensive Plan forecast of 7*290 for 1980. The City *• is currently projecting a population of 7,600 in the year 2000; • ,000 in the year 2010; and 9,900 at saturation. These figures are consistent with general declines in the birth rate and household site, and reflect Orono's low density development philosophy. e.Popmlation/loiiseliold/BBployaMit Projections A significantly rapid decline in the number of residents per household, has resulted in population forecasts made in 1980 being approximately 15% high for 1990. However, the number of households previously forecast for 1990 is within 1% of the 1990 census count for households. The following tables represent the City's forecasts for households and population to the year 2020. These are based on expectations that new construction will occur Minly in the rural area, and on the assumption that the decreasing ratio of residents per household will level off at approximately 2.5 residents/household. A further assumption is that the annual increase in households will gradually decline from the 1980-90 average of 31.4 households per year to approximately 25 households per year in 2020. Enplovment Projections (sewered) 1990 2090 2010 925*1100**1300*» *• 1991 Orono review of existing workplaces Estimate Based on 1988 Comprehensive Plan Amendment I I 1 ■ I I I J I I r; ?•' 4 w M M I > mit roiitcamtaaritaa19901991199119911994199919901991 1990 1999 MM 1010 1010•vkM **«•itit 1091 iiao 1110 1100 119a 1019 1015 1099 1019 1090 1900 1000 1100 1400 Purtl tr«t |0tMi«r«d) lOM lots 1110 1119 IR9 1100 1119 1110 1190 1110 im 1100 1400 1990 1000 fatal Oaaalaf taltt IttJ 1101 lilO 1019 1099 1090 2910 1905 1009 1049 1019 1100 1400 1090 4RO Ota Otaalaf aiiiia fat* al taaaalMia#) mi 1011 1041 1009 1004 1111 2154 1101 1019 1001 1090 1900 1100 1490 H90 MR CaauClL tit •91 ffatal aattitf) --m <•------1990 1190 IfM m fataat tat Oaalili 1.99 1.19 11.111 (1.191 (1.11) (1.111 (2.091 (2.071 (1.091 (2.011 (l.OII (1.01 (1.91 II.I» iat Vacaacy tata • 1.41 0.11 (Oil 101)(Oil (Oil (Oil (Oil (Oil (Oil (Oil (0%)(091 l««l IMI tOtMiaTION roacctsTS • taar 1990 1990 1991 1991 1991 1994 1999 1990 1991 1990 1999 1000 1010 1010 •tkM ArM ItoMtaJI 1911 4410 400 4419 4919 4900 4590 4005 4020 4019 4«M 4010 4100 4tM 9090 ■«ral *fM iMMwataA) 1910 1091 1090 1910 1019 1000 2020 2015 1009 1090 Wl»1910 1100 MM 4190 fatal 0049 1109 1110 1110 Ilia 1100 1410 1440 1409 1919 1990 1000 0000 MM 9900 MR COQMCIi lltii)-----•---•-1900 0100 •m ' MR flRl)------ - ..m 1000 0190 '-’MM SourMi 1910 Cmn^mi 1990 Can«yt| City r«cordsi Frojoctions and foracatta bated on City aailMtct IHot Council proioctions uliiiru noted) ^ f*S- uotialiki The tables on Page 12-A provides a breakdovn of sewered household, population and employment forecasts by major interceptor service area. Lift Station 59 serves all of 80uth%#est Orono ’s commercial and residential development, plus the City of Minnetonka Beach, and is located at the former Orono Sewage Treatment Plant property on Old Crystal Bay Road. Lift Station 60 serves the City of Long Lake plus industrial, commercial, institutional and residential development in north central Orono. Connections to the interceptor downstream from LS-59 and LS-60 within Orono also listed separately. Finally, connections directly to the City o£ Waysata collector system constitute a fourth listing. Csmsr Facilitims Flam Orono's plan for future sewer facilities continues to be consistent with the existing local and metropolitan sewer facilities capacities. Comprehensive Plan Amendment #2 adopted in May of 1988 described the necessary system improvements to accoBK>date the anticipated commercial and residential growth i^0sul^lii9 fron that ABtandwante The table below and that on Page 13 provide an update of projected development in the City related to sewer system design capacities. OaONO MOJICTtO fLOW* - HGO ___ijjo __jooo __2010__2822__fiSHSfiiss—ssfias.ssessisx liw'sTATXOri* ‘ImV. olVl’ 0.«5 0.4* -.4« 0.51 Hon-llas. 0.04 0.04 0.04 0^04 0^04 _i_ Total 0.45 0.45 0.50 0.50 0.55______,, _°!** **^*__ LIFTSTATIOH «0 Has. 0.01 0.02 0.04 0.0« 0.10 Hen-naa. 0.05 Q.0« O.Ot 0-°0 iiSi —1- Total 0.04 0.00 0.12 0.14 ___O^lt__________ onwiiaTlixAM »*a. 0.03 0.04 0.04 0.04 0.04 IHTTRCIFTOa »OB-*aa. 0.01 0.01 °’°.l —- Total 0.04 0.05 0.05 0.05 __________________-I-________ WAYZATA direct Rat. 0.01 0.01 0.01 0.01 0.01 Non-Rot. 0.J01 0.01 0^01 Oj^ 0^^ ! Total 0.02 0.02 • 0.02 0^02_______0^02_____________-_________ TOTALMCO 0.S7 0.64 0.65 0.71 0.50 -i**, total NCT 201 234 252 255 252 I unit • 1 houMhold • 274 CPD •includnt capacity for othor ■unicipalitiat • •pmr IflO Conprohonaivo Plan (30t3 units * 3€t Csl/unit x 3iS ay 1 1 1 1 ] 1 1 ] 1 r-' I'V.',-" ■ i. n tnvici MtM VMtCMTS (tactous VAOkirV WITSl ’► ; A . f««r liii ifM IftI IMI Iffl 1004 1009 1000 1007 1000 loot 2000 2010 2020 11 r\i» s»1 s » !?■■'■ •» r-,. i.t. M lataaal I4M I4M I4tt 1927 1990 1900 1904 1900 1012 1022 1010 1000 1000 1099 A.S. M 4S.A.I M 14 40 90 99 00 09 70 79 00 02 149 219 190 •awaaaaaa IM IM m 120 120 120 120 120 110 110 119 119 il9 119 1- • 9 ■aytata Mraat M t€90 97 97 90 90 90 90 90 90 00 00 00 vatal 1417 1002 1700 1710 I7M 1700 1019 1019 1099 1079 1000 1000 2000 21CO 34M OOMOUO rOOOtOTlOH rOOOCAITS Vaar 1000 1000 1001 1002 1V91 1004 1009 1000 1007 1000 1000 2000 2010 2020 •atwatlaii A.S. M laraaal 1070 1000 1940 101 •1040 1007 1070 1001 ^9 ^9 ^9 ^9 4^ 99^9-^9 1000 1001 4010 1900 1919 4270 A.S. M a.A.I 00 00 101 120 140 192 101 174 109 100 200 141 900 022 •aaaattaaa 110 120 12C 121 120 124 121 110 121 110 110 IIV m 917 ■aysaaa Mraat 190 140 149 140 149 147 149 144 141 142 142 142 142 141 fotol 1079 4410 4410 4420 4919 4900 4900 4009 4020 4019 4040 4070 4700 4990 9490 0/M foctsr 2^00 2a70 2.77 2.79 2.71 2.71 2.00 2.07 2.09 2.01 2.01 2.0 2.9 2a9 2.9 tOOOOf Ooto 7a4i OaH 00 00 00 00 01 01 01 01 01 01 0%0%4% glWKlKO BUrtOYMBIIT FOOtCOSTS V»«r 1000 1000 tool 1002 1001 1004 1009 1000 1007 1000 1000 2000 2010 2020 iotwotlM k.S. M IMaMl -209 209 209 110 110 119 119 120 120 129 110 190 •• A.S. M |i.A.|-009 040 000 000 700 709 710 720 710 740 790 910 aa •!1-10 10 10 10 10 10 10 10 10 10 10 to •• aayaata Mraat •10 10 10 10 10 10 10 10 10 10 10 10 -- T»tal •040 079 1019 1020 1010 1040 1049 1000 1070 lots 1100 1309 • *Mr Nap 1 Bataaen Pp. 7-B< L.f. M - Sarvica Araaa l-2-]-4-S-(-14 L.S. Sf ■ Sarvica Araas 7-S-lS>l( OoimatraaM > Sarvica Araaa Pt. 11-12-13 Waytata ■ Sarvica Araas f-lO-Pt.ll II m-^% rr-‘^r i h-'1 ^ ■ - i-' < t. >. i' • t. *T<-.. H’i ►-iaP»i —-M - VT'» ■»-• -—aa <i*ai*«.aiiNiiinaaiii»K^ .. •atf^iM^_.viAbr.L. j-.i£rk. . .4 I?' ■?I' : ' •••• fc'’ “'V i'i.- '■ ■ N' r: li. ri^'- TOTAL lOTSIIOLOA (l*c«141*f Taeaotl *•••» ••pkl« Total•*“• .. . . . . . ... . .. —.. . . .. . . . . . . .. .. . .. . . . . . . .._ _ _ _*”* »«0a«cT«* snu rtciLiTT *■» »ui«» catacittrorvLJiTioii• •Mr ••ptl< Total mmwmw soptle Total iaa. Koa-taa.tltSTtM »9¥BL0TM8tt 194« - IfM "mTT5 0 1700 1700 •717* 740 1400 2144* 744 •041* 1437 1034 2A11 1437 720S* 1492 1094 2707* 1492 1940 Octaal 1970 Actval 1900 Actaal 1990 Aotaal 0 2240 I97S 4430 5443 4427 2070 2055 Total ]Ca^aoitf 1907 2920 Notro Total 6ro«tt tatlaata 4990 -339 ♦ 219 ♦ 309 -199 ♦ 113 ♦ 3oa ♦ 10 ♦ 310 *’Na« Coaatraetloa ♦ 49 4499 ♦ 743 ♦ 79 ♦239 ♦ 313 ♦ 24 ♦ 49 93 -Oowor lalatlaT Oovolopaaat ♦ 317 -317 -♦ 130 -130 -♦ 130 ♦ 9 139 M OroB# lot Oraokt ♦ 309 4743 ♦ 204 ♦ 109 ♦ 313 ♦ 199 ♦ 70 220 -170 ♦ 170 -143 ♦ 102 looo 4070 piatro Total Orootli iatloatoa 4000 -loo -Ooo Coaatroetloa 4200 470 -100 3100 1900 349 gSiOSEZlililZ ♦300 4400 al9 2249 3003 ♦ 419 -••oar lalatiof Oooolopooat 4120 430 ♦ 100 -30 ♦ 300 ♦ 120 ♦ 30 ♦ 39 ♦ 0 199 30 ♦390 4390 ♦ 700 4190 4190 ♦ 300 ♦ 190 Mtro tatloata OroBo tatloato** Tm—Tm 4700 3300 Hibo 0000 ZjoU s«so 4aso 3200 2400 2000 1400 2400 2000 iLOTwiif-ir-iiiaimni-- TIT 400 TTTT 2400 ITT 002 ■iTimii UW 2003 1960-lOfOi 2000^2010 »Ullat*oa/io*aaho\V foracaata " M*V^**Vi •■-•Ita ayataaoi 0.0. Caaarfs. •* ooaattoctloa aetlvltyi orSlal Carrclfv.**-^^? Cojiaell orajaekleoa (19001 'aaO City mt 1980 Oroao CoMprahanaita Tlaa. ^ apacltyi NWCC lataroaptor fiaal daalfa eapaaitf par *? 4 of paraoat par hoaaaholO fro. 2.70 to 2.0 aflocta Oacraaaa la | of paraoaa par hooaahold froa 2.0 to 2.5 r r r f r I Existing reserve capacities are expected to gradually decrease as flow increases continue to occur in four categories: Increased flow frost existing non-residential users. Infill urban development. New urban development* including commercial and multiple family residential development in the Highway 12 corridor. Service to selected existing rural clusters if problems occur. 1. 2. 3. 4. The 1980 Comprehensive Plan provided a framework for identifying and resolving existing sewage treatment problems in pre-existing rural housing clusters. Five clusters identified in the 1980 Comprehensive Plan were the subject of Alternative Waste Hanageswnt Studies in the period 1980 to 1990* resulting in all five clusters being served with municipal sewer laterals discharging to existing MWCC interceptors. Based on a 1979 study conducted inspection program* municipal sewers Minnetonka Bluffs - West Perndale (Brown's the North Shore Drive/Scotch Pine area, lateral systems occurred in 1981. part of the on-site recommended for the Bay) area as well as Completion of those As a result of an Alternative Waste Management Study completed for the Crystal Bay neighborhood of Orono in 1985, municipal sewer installation was recomsiended for approximately 85 existing residences on small lots. Municipal sewer laterals and an injector station were completed to serve these properties in 1986. The last area to be considered for alternative waste management options was the Stubbs Bay area. The study completed in February 1988 recommended that approximately 80 existing residences on substandard lots and an additional 10 to 15 vacant 14 i. substandard lots in single separate ownership be provided with municipal sewers. The Stubbs Bay Sewer Project Area was expanded in early 1992 to include the rural housing cluster identified as "Cygnet-Leaf"» plus the lakeshore development known as "Oxford Road", The total project area comprises 125 existing residences and 12 interspersed vacant lots* for a total of 137 units* which will discharge into the existing City lateral system on Tonkawa Road (L.S. 59). This project began construction upon Metropolitan Council approval of Comprehensive Plan Amendment #4, Stubbs Bay MUSA Bonding Amendment* in July 1992. Assessment appeals were greatly reduced due to an "up front" 35% City participation in the project costs. Alternative waste sienagement studies completed in the 19B0s have carefully considered the optional solutions for treatment difficulties enusMrated in the 19i0 Comprehensive Plan. In each case* the relative proximity to the existing sewer trunk lines or interceptors has made the option of sewer lateral installation the most feasible solution. A number of rural clusters of existing development have a potential for further septic system problems due to lot sixes Isss than the 2 acre minimum and marginal soil/topographic conditions. These clusters will be monitored closely to ensure continued adequate sewage treatment and disposal. If problems occur which cannot be solved through on-site methods* alternative waste manageMnt studies will be conducted to determine the best possible solutions. These clusters are identified in detail in the 1980 Comprehensive Plan and include: 1.Bay Ridge 6.Orono Orchard Road 2.Poxhill 7.East Long Lake Road 3.Webber Hills a 8.North Long Lake 4.Fox Ridge 9.Country Club 5.Bracketts Point 10.Chippewa Lane I I I I I I I I I I I I I I I I I i I I.Expected Sewer lapro fits Based upon the existing sewer facilities, the Metropolitan interceptor capacity assigned to Orono, and the foregoing alternative waste menagement studies, the following improvements as shown on Map 3 are expected to be constructed in the period 1993-2010: 1. Highway 12 interceptor - construction of gravity or forcenain interceptor to accoinnodate anticipated flows from future development along Highway 12. Expected construction: 1994-1998. Possible options may include: A. Construction of a gravity interceptor parallel to and in addition to the existing Long Lak*.* bypass. B. Replacement and enlargement of the existing Long Lake bypass. C. Rerouting of all flows from Medina and Orono from the current connection to the Long Lake bypass, down Old Crystal Bay Road to the Orono pump station. 2. Garden Lane - private developer extension of gravity sewer laterals to serve 10-20 new residential units within the MUSA. Expected construction year: 1995. 3. Baldur Park - private developer extension of gravity sewer lateral service to serve four new residential units within the MUSA. Expected construction year: 1995. 4. Highway 12 corridor - municipal lateral construction to serve further institutional/commercial development expected to occur within the Highway 12 corridor areas per Comprehensive Plan Amendment #2 (1988). Expected construction year: Ongoing 1993-2010. V 5. Existing individual systen iinprovements - the on-site Htanagesient program is expected to continue enforcing major improvements to» or replacesient of» 15-20 existing on-site systems each year through the 1990-2010 period. Kjipectsd Sever Coaaeetioas and Oa-site Zastallatlons# 1991-2000 CSTIHATCO COBBItTlOWS TO SANITARY tWCR 1991 1992 1993 199« .995 1996 1997 1999 1999 2000 TOTAL 1980-90 TOTALS NEWLY CONSTROCTED UNITS EXISTING UNITS NEWLY SEWERED 190 20 124 TOTAL SEWER UNITS ESTIHATIO ON-SITE INSTALLATIONS 2:0 NEWLY CONSTRUCTED UNITS REPLACEMENT OR MAJOR REPAIRS 250 300 210 TOTAL ON-SITE UNITS 510 J. Imflltrmtion/Iiiflow Abmt< In 1981, Bonestroo and Associates completed an infiltration/inflow (I/I) analysis of the Orono sanitary sewer col Section system. This report was in response to the Water Pollution Control amendments of 1972 and the Clean Water Act of 1977. The study determined the degree of excessive infiltration/inflow to the system and recommended abatement measures. Infiltration is defined aa the water entering a sewer system and service connections from the ground through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. By contrast* inflow is water discharged into a sewer system and service connections from such sources as roof leaders* cellar* yard* and area drains* foundation drains* cooling water discharges* drains from springs and swampy areas* Bianhole lids* storm waters* surface run-off* street wash waters* or drainage. Although some infiltration and inflow is inherent in any constructed sewer system* the objectives of reducing excessive infiltration/inflow are* 1. The elimination of untreated wastewater bypasses and overflows. 2. A lower total cost of treatment works. 3. Avoidance of unnecessary treatment works capacity construction. 4. The reduction of total wastewater volume which must be treated. The 19tl I/I analysis* completed strictly for the southwest Orono collection system* determined that 32% of the total flow was infiltration/inflow. The study found that two districts within the study area were subject to potentially excessive I/I. These districts «rere analysed from the cost effectiveness of transporting and treating the wastewater versus the location and rehabilitation of I/I sources. It was determined that the cost of locating and rehabilitating the I/I sources would exceed the cost to transport and treat these flews. Based on the conclusions of the report* the following recommendations were madet 1. That the City of Orono initiate and carry out a continuous I/I identification and correction program. 2. That the City promote public awareness of the illegality and consequenoes of foundation drains discharging to the sanitary sewer system. Because the City of Orono sanitary sewer collection system has been constructed from a variety of piping materials and is located in variable ground water and topographic conditions and as a result of the 1981 I/I Study* the City developed an ongoing plan for abatement of infiltration and inflow. This plan included the following: 1. Routine and onging televising of the system. Where televising indicates sources of infiltration* chemical injection treatment is applied to the source to eliminate the infiltration. This procedure has proved especially effective in the older clay tile portions of the system which are subject to a relatively high potential rate of joint failure and contain a relatively high number of joints. 2. Ongoing visual inspection of manholes* and Installation of neoprene lines where they would prove effective in reducing infiltration. 3. Installation of manhole guards* a system which eliminates surface water inflow into manholes subject to occasional inundation. 4. Ose of state-of*>the**art technology (Ten State Standards) in the design and construction of all new sewers added to the system. The goal of this plan was to limit I/I to no more than 25% of the total flow* and reduction below 25% in all locations where feasible and practical. During the period 1981-1991, NWCC measured-flows varied significantly from year to year* with the lowest flows occurring during drought years. Analysis of the flow rates suggests that in wet years* I/I may still be as much as 1/3 of the total flow. It is estinated that for 1991, 33% of th« total flow was I/I» costing the City an estimated $90,000 in excess MWCC treatment charges. In order to further reduce I/I in a cost-effective manner, the City will embark on an accelerated program to identify and eliminate I/I sources, including the following* 1* Review and update the 1981 I/I analysis. The update will include not only additional analysis of those areas studied in 1981, but will analyse flow data from all currently existing portions of the system not covered in that study. 2. As part of this update, each City-owned lift station will be analysed as to the extent of its service area, and past flow data will be compared with expected flows in order to identify and isolate any existing I/I sources. 3. Flow data from City-owned lift stations will then continue to be collected and analysed on a quarterly basis to quickly identify and eliminate any new sources of I/I that may occur. 4. Continuation of current system rehabilitation program as funding permits. 5. Immediate initiation of a public education program regarding the need to eliminate illegal connections. €. Adoption of ordinances whic i provide for penalty for illegal connections of sump pumps and foundation drains to the snanicipal sewer system, supported by a proactive program of visual Inspection of residential connections, starting in areas where system analysis indicates the greatest likelihood that flow reduction can be accomplished. 19-A I I I I I I I I I I I I L 7, The City will henceforth submit an annual progress report to the MWCC, indicating ongoing activity by the City in reducing I/I» and including a review of problems encountered and actions taken to resolve them. Ordinaiicmsv Controls, Administration and Bnfor The City of Orono began regulating on-site sewage treatment systems in 1961. Municipal sewer connections have been regulated since 1964, the year that the first municipal sewers ware available. A nusd>er of ordinances applicable to sewage treatment in the City are listed in the 1980 Comprehensive Plan. The following ordinances adopted since 1980 apply to sewage treatment in the Cityt Ordinance #246 - Decesiber 30, 1982 RBGOLATING SEWAGE DISPOSAL SYSTEMS ON LAKE MINNETONKA ISLANDS, including minimum requirements for seasonal residential properties. Ordinance #34, 2nd Series - April 27, 1987 ESTABLISHING SANITARY SEWER CONNECTION CHARGES for properties connecting to municipal sewer but not previously d. Ordinance #100, 2nd Series - February 10, 1992 RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS, this ordinance adopts MPCA Chapter 7080 standards and is a comprehensive update amendment of Ordinance #210 adopted in 1978. 19-B i V. COM8ISTBWCT WITH TKOPOLITM PLMOnw: POLICIBS > GDIDELIWES A. Popolatloa, Boossliold and BiployMit Forecasts The City of Orono estimates for population and households in the year 2000 are approximately 10% greater than the estimates provided by Metropolitan Council. The City predicts that the rate of groeth in the number of households will gradually decrease from the relatively high levels of the 19«0*s. However, tMCuM ■o.t Of tho growth i« antlclp«t«J in the rurai ronaa. tha niad>er of dedicated residential sewer units will not exceed Met Council estimates for the year 2000 or the year 2010. A 1991 study of existing sewered employment indicated levels sosMwhat higher than predicted by the Metropolitan Council. With the Highway 12 Corridor Amendment approved in 1988# sewered employment is expected to grow modestly in the next two decades at approxisMitely 2% per year . I I I B.red Populatioo, Bommisii loyent and Mast ter The City of Orono forecasts that sewered population in years 2000 and 2010 will be equivalent to or slightly lower than predicted by Metropolitan Council projections. Similarly, Orono foract. that aawarad houaaholda will ba slightly last than Mat Council projoctionn# bocauu# tho bulk o£ rooidontial growth In the City will likely be in rural sones. Potential multiple family development in the Highway 12 Study Corridor, approved ^ the 1988 Comprehensive Plan Amendment, may contribute to sewer population household numbers being very near the Met Council V ftti:aateSa Approximately 93% of Orono’s total employment is sewered. AS noted above, sewered employment is expected because of the 1988 Comprehensive Plan Amendment which allows for approximately 60 acres of additional commercial development along Highway 12. The additional wastewater fIws anticipated from this development were approved by the Met Council in 1988, and no other significant land use revisions for neighborhood sewer retrofit projects will significantly affec projected wastewater flows. J J f Ii r I r t c c c L i I D.Kural Area Density The Metropolitan Council requires that local governments allowing densities in excess of 4 units per 40 acres shall incorporate MPCA Regulations Chapter 7080, keep permit records, license contractors, require correction of existing system problems, provide trained personnel, and incorporate post- £iKtallation inspection and maintenance as part of their on-site management controls* Orono*s current on—site system management program. Initiated in 1978, contains each of these elements, and therefore is consistent with Metropolitan Council requirements for management of individual on-site sewage treat- Mnt and disposal systems. t Plants The City of Orono currently has no private wastewater treatment plants which discharge to surface waters. Consistent with Metropolitan Council guidelines, under no circumstances will such private wastewater treatment plants be allowed in the City of Orono. Any changes ir this position are acknowledged to require a future Comprehensive Plan Amendment. P.\h liime Revisions The MUSA line revisions proposed with this amendment merely update the boundaries to include existing sewered development, or provide for minimal increases in expected wastewater flows. The addition of these areas to the Urban Service Area does not require any changes in Metropolitan Systems, and therefore is consistent with Metropolitan Council policies. I I I I I I I I I I I I I I I I I I PART I (MAVAIUIB/FOltSST LAKB/tOHEAHA) Commencing on the west line of Section 1, T 117 N, R 23 W, 1628.66 feet south of the northwest corner; thence easterly 400 feet parallel with the north line of the southwest 1/4 of the northwest 1/4 Section 7; thence northerly 300 feet parallel with the west line of Section 7 to the north line of the southwest 1/4 of the northwest 1/4; thence easterly along the north line 365 feet to a point on the centerline of Highview Avenue 30 feet south of the southwest corner Lot 96 Tonkaview Gardens; thence northerly 558.5 feet along the west line of Lot 96 to the northwest corner; thence easterly 568 feet to the northeast corner of Lot 95; thence south along the east line of Lot 95» 554.7 feet to a point on the centerline of Highview Avenue 30 feet south of the southeast corner of Lot 95 Tonkaview Gardens; thence easterly 664.8 feet along the south line of the northeast 1/4 of the northwest 1/4 Section 7; thence rortherly 659.5 feet to a point 30 feet north and 30 feet west of the northwest corner of Lot 14V Block 3r Mount Home Additions; thence easterly to the southeast corner of the northeast 1/4 of the northeast 1/4 of the northwest 1/4, Section 7; thence north along the east line of the northwest 1/4 to a point on the north line of Section 7, 2694.86 feet east of the northwest corner of Section 7; thence east 330.5 feet along the north line of Section 7 to the PC of a curve deflecting south with a radius of 954.93 feet central angle 46 degrees 54 minutes 15 seconds; thence 727.39 feet along the curve to the centerline of Orono Road; thence northeasterly along the centerline of Orono Road 111.45 feet to the PC of a curve deflecting to the left; thence 359.3 feet along the curve with a central angle of 71 degrees 52 minutes radius of 246.48 feet; thence north 26 degrees 39 minutes west 872.45 feet to the PC of a curve deflecting to the left with a radius of 330.65 feet central angle 41 degrees 25 minutes; thence 239.01 feet along the centerline of curve; thence north 68 degrees 04 minutes west. rt 106.52 feet; thence south 22 degrees 18 minutes west* 143,73 feet; thence north 80 degrees 08 minutes 45 seconds west« 236.7 feet; thence north 41 degrees 47 minutes 25 seconds west. 131.72 fe«t;thence north 22 degrees 18 minutes east, 190.55 feet to the centerline of North Arm Drive; thence easterly parallel with the north line of the southwest 1/4 of the southeast 1/4 Section 6 to the shore of Lake Minnetonka; thence northerly along the shoreline of Lake Minnetonka to a point 330 feet south of the northeast 1/4 of the southeast 1/4 Section 6; thence north 0 degrees 16 minutes west, 136.9 feet; thence north 58 degrees 26 minutes east, 373.84 feet; thence north 11 degrees 24 minutes vest, 63.83 feet; thence north 73 degrees 29 minutes east, 183.32 feet; thence south 7 degrees 59 minutes east, 114.34 feet; thence north 89 degrees 40 minutes east, 156.92 feet; thence south 0 degrees 03 minutes east 330 feet; thence north 89 degrees 34 minutes east, 655.68 feet to the east line of Section 6; thence 330 feet north 0 degrees 08 minutes west along the east line to the west quarter corner of Section 5; thence east along the centerline of Section 5 to the shore of Lake Minnetonka; thence southerly following the shore of Lake Minnetonka to a meander corner on the south line of Section 5, 169.83 feet east of the south quarter corner; thence continuing south and then east in Section 8 along the shoreline of Lake Minnetonka tc the east line of Section 8; thence continuing northeast in Section 9 along the shoreline of Lake Minnetonka to the Noerenberg Channel; thence southeast through the channel; thence southwesterly along the shoreline of Lake Minnetonka to the south line of Section 9; thence south in Section 16 following the shoreline of Lake Minnetonka around Bohns Point to the west line of Section 16; thence west and north along the shoreline of Lake Minnetonka in Section 17 to the south line of Section 8; thence northerly and westerly following the shoreline of Lake Minnetonka; thence southerly along the shoreline to the south line of Section 8; thence southerly along the shoreline of Lake Minnetonka; thence easterly along the shoreline of Lake Minnetonka to the east line of Section 17; thence southerly along the east line of Section 17 I I I I I I I to the southeast corner of Section lit thence east along the north line of Section 21 to the shoreline of Lake Minnetonka; thence south and east along the shoreline of Lake Minnetonka to the Narrows; thence southwesterly through the Narrows to the shoreline of Lake Minnetonka; thence westerly along the shoreline of Lake Minnetonka to the west line of Section 21; thence northwest along the shoreline of Lake Minnetonka in Section 20; thence southwest along the shoreline of Lake Minnetonka; thence southeasterly around Casco Point; thence northwest along the shore of Lake Minnetonka* to a point on the south line of Section 2251.8 feet west of the south quarter corner of Section 17* thence east 288.25 feet along the south line; thence northerly 593.32 feet to the south right-of-way line of the Burlington Northern Railroad; thence northeast 865.24 feet along the south right-of-way line of the Burlington Northern Railroad to the west line of the southeast 1/4 of the southwest 1/4 Section 17; thence northerly 102.28 feet; thence northeast 100.24 feet along the north line of the Burlington Northern Railroad to a point 98 feet east of the west line of the southeast 1/4 of the southwest 1/4 Section 17; thence north 424.9 feet along a line 98 feet east and P**’*H®i to the «#est line of the southeast 1/4 of the southwest 1/4 Section 17; thence west 98 feet to the west line; thence north 895 feet along the west line of the southeast 1/4 of the southwest 1/4 Section 17; thence east 1040 feet > to the centerline of County Road 19; thence northerly along the centerline of County Road 19 to a point 33 feet ± west of the northwest corner of Lot 1* Block 1* Wileys Park; thence northerly along the centerline of County Road 19 to a point 33 feet * west of the northwest corner of Lot 38* Shadywood Addition* Section 17* T 117 N* R 23 W* Hennepin County* Minnesota. Thence northwesterly along the shore of Lake Minnetonka to the west line of Section 17* T 117* R 23 W* Hennepin County* Minnesota; thence southwest around Fagerness Point; thence northeast to the east line of Section 18; thence northerly in Section 17 to the east line of Section 16; thence northwesterly along the shore of Lake Minnetonka to the south line of Section 7; thence westerly in Section 7 to the north line of Section 18; thence westerly in Section 18 to the south line of Section 7; thence northwesterly along the shore of Lake Minnetonka to the west line of Section 7, T 117, R 23 W, Hennepin County, Minnesota; thence north along the west line to the point of beginning and there terminating. PART II (OIIQIIO SCBOOLS/IMMISTiaAI. PARK) Comencing on south quarter corner of Section 28, T 118 N, R 23 M, Hennepin County, Minnesota; thence north 750 feet along the center of Section 28; thence west 900 feet parallel with the south line of Section 28; thence south 750 feet parallel with the centerline of Section 28 to a point on the south line 900 feet ♦ west of the south quarter corner; thence south in Section 33 parallel with the centerline of Section 33 to a point on the south line of the northeast quarter of the northwest quarter of Section 33, 900 feet west of the center of section line; thence east along the south line of the northeast quarter of the northwest quarter to the southeast corner of the northeast quarter of the northwest quarter Section 33; thence south alcMig the west line of the northeast quarter to the southwest corner of the northeast quarter; thence east along the south line of the northeast quarter of Section 33, to a point 1089 feet %rest of the east line of the northeast quarter; thence north parallel with the east line to the north line of the south one-half of the northeast quarter of Section 33; thence west along the north line of the south one-half of the northeast quarter to the northwest corner of the southwest quarter of the northeast quarter of Section 33; thence north along the west line of the northeast quarter to the point of beginning and there terminating* I L I I I I I 1 1 PART III (BACKBBIIIT) CoBscncin9 on southeast corner of Section 33f T 118 N» R 23 n, Bennepin County# Minneeotei thence north 1321.6 feet elon^ the east linei thence west €59.22 feet to the northwest corner of Lot 1, Block 2, Daniels Long Lake Heights! thence south 1321.54 to a point on the south line of Section 33f €59.22 feet west of the southeast quarter! thence east to the point of beginning and there tersdnating. PART IV C I < i tics CIRCU) CoBuiencing on the northeast corner of Lot 3# Block 1# Herrick Circle# Section 3€# T Hi N# R 23 R# Hennepin County# Minnesota! thence south 82 degrees 3€ einutes 04 seconds west# 765.08 feet to the centerline of Long Lake Road! thence south 49 degrees 25 minutes 02 seconds east# 112.06 feet to the PC of a curve deflecting to the right central angle 11 degrees 22 minutes and radius of 2000 feet! thence 397.06 feet along the curvei thence along the centerline of Long Lake Road to the intercept with the east line of the southwest quarter of Section 36! thence north along the east line to the point of beginning and there terminating. PART V CCBSVT dASB/WBMIAIJI 6RBSM) Commencing on the southeast corner of Section 36# T 118 N# R 23 W# Hennepin County# Minnesota! thence north along the e^.wt line of Section 36 to the east quarter corner! thence west 1328.42 feet to the northwest corner of Lot 16# Block 1# Hill I 0*Way Manor Addition; thence south 1101.4 feet along the west line of the Hill 0*Way Manor Addition to the north line of the Luce Line Trail; thence south 43 feet ± to the centerline of the Luce Line Traill thence southeasterly 875 feet ± along the centerline of the Luce Line Trail; thence south €0 feet ♦ to the northwest corner of Lot 5» Block 1» Allo-Rae Terrace Addition; thence south 1171.93 feet along the west line of the Allo-Rae Terrace Addition to the south line of Section 36; thence east to the point of beginning and there teminating. PART VI OfTKA. BLOPPS/OMMO LMm/MBT PBBMMLB) Coaewncing at the northeast corner of the southwest quarter of the southwest quarter of Section 2$ T 117 N» R 23 w# Hennepin County# Minnesota; thence east 330 feet along the north line of the southeast quarter of the southwest quarter of Section 2; thence south at right angles 375 feet ♦ to the centerline of County Road 15; thence 380 feet ± southwesterly along the centerline of County Road 15 to the east line of the southwest quarter of the southwest quarter; thence southerly along the centerline of County Road 15 3*»0 feet ♦ on a curve deflecting to the left; thence southerly along the centerline of County Road 15# 101.4 feet on a curve deflecting to the right central angle 6 degrees 05 ninutes; thence south 29 degrees 25 ainutes east €5 fe«t ♦ to the shore of Lake Minnetonka; thence northerly along the shore of Lake Minnetonka to the east line of the southwest quarter of the southwest quarter Section 2; thence easterly along the shore of Lake Minnetonka to the east line of the southeast quarter of the southwest quarter of Section 2; thence easterly along the shore of Lake Minnetonka to the east line of the southwest quarter of the southeast quarter Section 2; thance easterly along the shore of Lake'Minnetonka to a point 235.3 feet west of the east line of the southeast quarter of the southeast quarter; thence north parallel with said east line to a point I I I I I I I I I I I I I I [ I i I I 721.88 feet south and 235.3 feet west of the northeast corner of the southeast quarter of the southeast quarter of Section 2j thence east 235.3 feet to the east line of the southeast quarter of the southeast quarter of Section 2» thence 721.88 feet to the northeast corner of the southeast quarter of the southeast quarter of Section 2^ thence west alonq the north line to the northeast corner of the southwest quarter of the southeast quarter Section 2i thence west 945 feet ♦ alonq the north line of the southwest quarter of the southeast quarter; thence northwesterly 150 feet ♦; alonq the centerline of Ferndale *oad west thence northwesterly 275 feet * alonq the centerline of Ferndale Road Ifest on a curve deflectinq to the left with radius of 297.42 feet to a point on the west line of the northwest quarter of the southeast quarter of Section 2, 1132 feet ♦ south of the northwest corner; thence north alonq the west line to a point 9S5.2 feet south of the northwest corner of the northwest quarter of the southeast quarter of Section 2; thence 150.5 feet northeasterly alonq the north riqht“Of“way line of the Burlinqton Northern Railroad; thence 155.8 feet northerly; thence 95 feet westerly to a point on the west line of the northwst quarter of the southeast quarter Section 2 and 741.5 feet south of the northwest corner; thence north 114.3 feet alonq said west line* thence west 47.05 feet alonq the north line of Dickenson Street; thence northwesterly 271.7 feet; thence westerly 115.7 feet; thence south 242.6 feet to the centerline of Dickenson Street; thence westerly alonq said centerline 994.34 feet to the west line of the northeast quarter of the southwest quarter of Section 2 and €59.04 feet south of the northwest corner; thence south alonq said west line 660 feet to the point of beqinninq and there tersiinatinq all located in Section 2, T 117 N, R 23 ¥, Hennepin County, Minnesota. PART VII c ITT mOMD 15 NMIIBAS) CoBinencing at th« northwaat corner of Section 11» T 117 N, R 23 M# Hennepin County, Mlnneaotaj thence easterly 1125.09 feet aong the north line of Section 11 to a meander corner at the northeast corner of Government Lot 1> thence south 10 degrees east, 505.4 feet to the point of the beginning; thence south 67 48 minutes west, 192.97 feet to the shore of Tanager Lake; thence southerly along the shore of Tanager Lake to a point 300 feet north of the south line of the north one-half of the northwest quarter of Section 11; thence easterly parallel with said south line to the shore of Lake Minnetonka; thence northerly along the shore of Lake Minnetonka to a point 14.3 feet north 67 ^•grces 40 minutes east of the point of beginning; thence to the point of beginning and there terminating. All in Section 11, T 117 H, R 23 M, Hennepin County, Minnesota. PART VIII (CnSTAL BATl Beginning at the south%»est corner of the northeast quarter of the southwest quarter of Section 10, T 117 H, R 23 M; thence west along the centerline of County Road 51 a distance of 474.5 feet; thence north 0 degrees 01 minutes 19 seconds east a distance of 459 feet; thence east a distance 474.5 feet; thence north 0 degrees 01 minute 19 seconds east a distance of 1651 feet to the northwest corner of Lot 1, Block 3, Maxwell's Addition to Crystal Bay; thence northerly to the northeasterly line of Lake View Avenue; thence southeasterly along the north easterly line of Lake View Avenue a distance of 383.91 feet; thence north 54 degrees 15 minuths east a distance of 428.33 feet to the centerline of Willow Drive; thence southeasterly along the centerline of Willow Drive to the extended southeasterly line of 8 I I I I I I I I I I I I I I I I Ir 1 I I I th« plat of Minnetonka View (vacated); thence north 41 degrees 00 Biinutes east a distance 234.54 feet; thence east a distance 380.99 feet to the centerline of Bro*m Road; thence southerly and southwesterly along the centerline of Brown Road to its point of intersection with the extension of the south%resterly line of Lot 2, Block 1# ”Ora Park*; thence southeasterly along said extended southwestern line of Lot 2* Blo^ 1» *0ra Park” to the southerly corner of said Lot 2; thence northeasterly along the southeasterly lines of Lots 1 and 2, *Ora Park”» to the easterly comer of said Lot 1; thence northeasterly to the northeasterly line of Grand Avenue; thence southeasterly along the northeasterly line of Grand Avenue extended to the shoreline of Lake Minnetonka; thence southwesterly along the shoreline of Lake Minnetonka to the extended centerline of County Road 51; thence west along the center line of County Road 51 to the point of beginning. PART IX iWUU PROmTT) That part of the southwest quarter of the northeast quarter of Section 32, T 118 M, R 23 W, lying northeasterly of the Burlington Northern Railway. PART X (■IGmAT 12 CORRIDOR Coaeiencing at the northwest comer of the northwest quarter of the southeast quarter of Section 28, T 118 N, R 23 N; thence south along the west line of the northwest quarter of the southeast quarter to its intersection with the center line of County Road €, the actual point*of beginning. Thence easterly along the centerline of County Road 6 to the east line of Section 28; thence south along said east line to a point 675.56 feet 4 north of tho southwest corner of the northwest quarter of the northwest quarter of Section 34* T 110 N* R 23 If* said point being the intersection of Willow Drive and the southerly leg of Dickey Lake Drive? thence easterly* southeasterly and northeasterly along the center line of Dickey Lake Drive to the centerline extended of Pine Ridge Lane? thence southeasterly and easterly along the centerline of Pine Ridge Lane and Pine R:.dge Lane (vacated) to the east line of the northwest quarter of the northwest quarter of Section 34? thence north to the northwest corner of the northeast quarter of the northwest quarter of Section 34? thence easterly along the north line of Section 34 to the centerline of Brown Road? thence southerly along the centerline of Brown Road to the centerline of O.S. Highway 12? ^Ii^nce westerly along the centerline of 0*S* Highway 12 to the west line of Section 34? thence westerly along the centerline of O.S* Highway 12 to the southwest corner of the northwest quarter of the northeast quarter of Section 33* T 110 N* R 23 W? thence south 250 feet? thence west 125 feet? thence north 250 feet? thence east 125 feet? thence north along the west line of the east half of Section 33 to the north line of Section 33? thence north along the west line of the east half of Section 20* T 118 M* R 23 W to the point of beginning. PART XI (■IGBMAT 12 CORRIDOR BASTi Parcel A: That part of the southwest quarter of the southeast quarter of Section 35* T 118 N* R 23 W lying southerly of the Luce Line Trail right-of-way* exsept that part lying southwesterly of the northeasterly right-of-way line of the Burlington Northern Railway right-of-way. And I I I I I I I I I I •5 I I I I I I I I I I 1. L L t Parcel B: Conaiencing at a point in the west line of the southeast quarter of the southeast quarter of Section 35, T 118 N, R 23 N a distance 29.7 feet north from the Burlington Northern Railway right-of-way? thence north to the south line of the Luce Line Trail right-of-way? thence easterly along said south line to the southwesterly right-of-way line of U.S. Highway 12? thence southeasterly along said highway right-of-way line to a point distant 385 feet north from the south line of the southeast quarter? thence west to the point of beginning. PART XII CaOHni 8H0RB/8C0TCH PIMB/OLD CRYSTAL BAY ROAD) Cosnencing at the southerly corner of Lot 3, Block 1, Dicon Addition, Hennepin County, Minnesota? thence northwesterly and %resterly along the shoreline of Crystal Bay, Lake Minnetonka to the Hoerenberg Channel? thence along the shoreline of Noerenberg Channel to the shoreline of Maxwell Bay, Lake Minnetonka? thence northeasterly along the shoreline of Maicwell Bay, Lake Minnetonka to a point in the south line of the north half of the southwest quarter of the northeast quarter of Section 9, T 117 N, R 23 N? thence easterly along said south line to the centerline of County Road 84? thence northerly and northwesterly along the centerline of County Road 84 to a point 1237.5 feet south of the north line of Section 9? thence east to the east line of the northwest quarter of the northeast quarter? thence south to the southeast corner of the northwest quarter of the northeast quarter of Section 9? thence east along the south line of the northeast quarter of the northeast quarter of Section 9 to a point 330 feet west of the east line of Section 9? thence south 40 degrees east to the shoreline of French Lake; thence southwesterly along the shoreline of French Lake to its intersection with the north westerly line of Lot 1, Block 1,‘Kathleen's French Lake Addition? thence south €1 degrees 07 minutes 32 seconds west to the point of intersection with the east corner of Lot 1, Block 1, Colwell Addition; thence south 61 degrees 07 ninutes 32 seconds west s distance of 702.67 feet; thence south 14 degrees 50 minutes 08 seconds east a distance of 112.04 feet; thence south 57 degrees 46 minutes 33 seconds west a distance of 345.4 feet; thence northwesterly 171.2 feet along the northeast line of Lot 3, Block 1, Colwell Addition; thence westerly 33b along the north line extended of Lot 3, Block 1, Colwell Addition; thence southerly along the westerly boundary of Outlot A» Colwell Addition to the centerline of County Road 51; thence southeasterly along the centerline of County Road 51 to its intersection with the extended southeasterly line of Lot 3» Block 1* Dicon Addition; thence south 30 degrees 57 minutes 44 seconds west to the point of beginning and there ending. PART XIII (§50 BROMI ROAD RORTR) That part of Government Lot Ir Section 34» T 118 N# R 23 N lying south of a line drawn east at right angles to the west line of said Government Lot 1 from a point thereon distant 1170.7 feet south along said west line from the northwest corner of said Government Lot 1. Except that part lying easterly of the northeasterly extension of '-.he northwesterly line of Block 8r Town of Long Lake# according to the United States Government Survey thereof# Hennepin Cou ty# Minnesota. PART XIV (PAIRNAY BILLS ADDITIOR)(PBHDIR6) That part of Lots 1 and 2# Block 1 and Outlot A# Fairway Rills Addition# lying west of the east 500 feet of the southeast quarter of the southeast quarter *of Section 36# T 118 N# R 23 M. I I I I I I I I I I I I I I I I I I Ir r r r r r c r r c i: L *4 PAW W (LONG LAKE - PUMIIIG TRAIL AOOITIOR) All that part of Government Lot 2, Section 35» Township 110» Range 23, Hennepin County, Minnesota, described as follows: Beginning at the intersection of the northerly right-of-way line of the Burlington Northern Railroad (formerly the Great Northern Railroad, and the St. Paul, Minneapolis and Manito.ca Railroad), with the west line of said Government Lot 2| thence southerly on said west line to a point €28.32 feet (9.52 chains) north of the southwest corner of said Government Lot 2, which point is the intersection of the southerly right-of-way line of said railraod with said west line; thence easterly along said southerly right-of-way line 496.32 feet (7.52 chains); thence south to a point on the south line of said Governemnt Lot 2 and 479.82 feet (7.27 chains) east of the southwest corner theteof; thence east on said south line to the southeast corner thereof; thence north on the east line of said Government Lot 2 to its intersection with the northerly right-of-way line of said railroad; thence westerly along said northerly right-of-way line to the point of beginning, excepting and reserving the right-of-way of said railroad; That part of Government Lot 2, Section 35, Township 118, Range 23, described as follows: Beginning at a point on the South line of said Government Lot 2 distant 317.82 feet East of the Southwest corner thereof; thence East along said South line 162.00 feet; thence deflecting left 254.50 feet on line which if extended would intersect the southerly right-of-way line of the Burlington Northern Railroad (formerly the Great Northern Railway and the St. Paul, Minneapolis and Manitoba (’L Railroad) at a distance of 496.32 feet easterly# measured along said right-of-way line from the west line of said Government Lot 2i thence southwesterly to the point of beginning. All that part of the Southwest Quarter of the Southwest Quarter of Section 35# Township 118# Range 23# Hennepin County# Minnesota# described as follows! Beginning at a point on the east line of said Southwest Quarter of the Southwest Quarter distant 953 feet north of the southeast corner of said Southwest Quarter of the Southwest Quarter; thence north to the northeast corner of said Southwest Quarter of the Southwest Quarter; thence west to the northwest corner of said Southwest Quarter of the Southwest Quarter; thence south along the west line of said Southwest Quarter of the South%»est Quarter to a point •83.08 feet (13.38 chains) north of the southwest corner of said Southwest Quarter of the Southwest Quarter; thence southeasterly along the centerline of Orono Orchard Road (formerly known as Orono Road) to a point 838 feet northwesterly along said centerline from its intersection with the south line of said Section 35; thence northeasterly 1111.8 feet to the place of beginninc. PAKT X9l (STUBBS BBT) Beginning at the southwest corner of the Northwest 1/4 of Section 5, Township 117 North, Range 23 West; thence north along the centerline of Tonkawa Road (County Road 135) to the centerline of Bayside Road (County Road 84); thence southeasterly along the centerline of Bayside Road to the intersection of the centerline of Bayside Road with the southerly extension of the west line of Lot 1, Block 1, Bayside Landing; thence north along the west line of Lot 1, Block 1, Bayside Landing to the northwest corner thereof; thence north 0 degrees 17 minutes 11 seconds east a distance of 550 feet; thence east parallel with the north line of Section 5, Township 117 North, Rnnge 23 West to the west line of Riedel Company Stubbs Bay Addition; thence northerly along the west line of Lot 3, Block 1, Riedel Company Stubbs Bay Addition to the northwest corner of said Lot 3, Block 1; thence easterly on a line parallel with the north line of Section 5, Township 117 North, Range 23 West to the centerline of the Luce Line Trail; thence southeasterly along the centerline of the Luce Line Trail to its intersection with the extended northwesterly line of Lot 9, Auditor's Subdivision 203; thence northeasterly along the extended northwest line of Lot 9, Auditor's Subdivision 203 to the centerline of Leaf Street; thence northerly along the centerline of Leaf Street to a point 263 feet south of the north line of Section 5, Township 117 North, Range 23 West; thence northwesterly along the following described line and its extension, to the centerline of Waterto%m Road; said line being described as follows: A line running from a point in the north line of Section 5, To%mship 117 North, Range 23 Nest distant 335 west from the northeast corner thereof to a point in the east line of said Section 5 distant 263 feet south from the northeast corner thereof.I thence easterly along the centerline of Watertown Road to its intersection with the extended east line of Lot 2, Block 2, Swan Lake Addition; thence south 0 degrees 18 minutes 45 seconds east a distance of 733.26 feet; thence south 89 degrees 46 minutes 45 seconds east a distance of 330.77 feet; thence south 0 degrees 18 minutes 45 seconds east a distance of 1,044.81 feet; thence westerly along the south line of Lot 6, Block 3, Swan Lake Addition to the northeast corner of Lot 2, Block 1, Routson Addition; thence westerly along the north line of Lot 2, Block 1, Routson Addition to the northwesterly corner thereof; thence southwesterly along the west line of said Lot 2 a distance 170.78 ^sst to its intersection with Outlot A, Routson Addition; thence continuing sou^.hwesterly along the southeast boundary of Lot 1, Block 1, Routson Addition to its intersection with the extension of a line described as being parallel with the west line of Section 4, Twonship 117 North, Range 23 West, distant 450 feet said west line; thence south on a line parallel with the west line of Section 4, Township 117 North, Range 23 West to its intersection with the south line of the Northwest 1/4 Section 4, Township 117 North, Range 23 West; thence westerly along the south line of the Northwest 1/4 of said Section 4 to the west line of said Section 4; thence south along the centerline of Leaf Street (County Road 84) to its intersection with the easterly extension of the north line of Lot 11, Block 1, Stielow*s Addition; thence westerly along said north line to the northwest corner of said Lot 11; thence southeasterly along the west line of said Lot 11 to the southwest corner of said Lot 11; thence southerly along the westerly lines of Lot 12, Block 1, Stielow’s Addition, and easterly along the southerly lines of said Lot 12 to the southeast corner of said Lot 12; thence south along the I east line of Lot 6» Block 1» Stielow*s Addition to the southeast corner thereof thence westerly along the south lines of said Lot 6 to the southwest corner thereof) thence westerly along the south lot line of Lot 2, Block 1, Klitske’s Addition, to the intersection of said south line with the shore of Lake Minnetonka) thence northerly and westerly along the shoreline of Lake Minnetonka to its intersection with the south line of the Southwest 1/4 of the Northwest 1/4 of Section 5, Township 117 North, Range 23 Nest) thence westerly along the south line of the Southwest 1/4 of the Northwest 1/4 of said Section 5 to the point of beginning, and there ending. I au2 SIC. os T. 11 r s. ss r*.* :: /rsv JPirr ^ - / .1 f * CS)mm • rn^m -----^ ttatltt f i 1 . 'F V 1 1 0 ’ 1 i r -.- 1 1 1 i ij?' |«»1 iSt • >nvcc Lift Station 59 I U % ' .7 • • i- Jb / / 'pr \ -* V:11 P X i r SUttftBM iCMCFlN «C6II •s?i T -Or ^rjuia ■/•li ^ * •* i* *• * ' * •) \hCCL^:__f . ^ m'p oX / I OtSTRlHi lq;or(X SISitL: -1- ' CumUENT MUSA k •••!• ^ 0 • r..v/z. Lji 1 j bntstt. iM f I I 1 i lack MI■■IT•■KA KEY w Proposed Na'SA Part XII a •• • 1963 Tnmk Sewer • • e* MWCC Forcemain (I Existing Residence Connected To Sewer Sfr Existing Residence Using Septic System V Vacant Residential Lot City of Orono MUSA Part XII 140 Acres rr m/3 SU. 7. i.3S kM«l - 'y •• @ ^ ^ covt lOI I i*-- 1 .k i '• 1 ---------^*o CURRENT MUSA ■X MUSA PartXm I 1^1 ‘lii} S r"'r'x??’<«! !^srfrdC«t .:{»••• i s • It ,m • f im \ City of Orooo City of Loaf Lake X ^ ^ —T • M*. V j ••• •k**P *' ;7 •« i ■' i ' n rt - City of Orono MUSA PartXni 3 Acres i i I I— City of Orono MUSA Part XIV 4 Acres /f^ :3s;rs:.*x£.*£ «.f M.« a :§isSC22»r* :rs; &!»::• • %•• s «i-"=:: us:tn 5 rss ^ kw* *•»•«»9mm •• •%% I *« •• (.•#« •§» X \ CITY OF ORONO ill5.t I I*- L__j MUSA Part XV 24 Acres •t«W« % #••••«« «M «*t Tr «•• w M <Mir*M I *!«•••*% M«««l»>*4 i.«|« I •• •\A.I w«a^»k .-:■. i- : :i..:^ •' •>■>4 =*‘. .‘f^i I I I I cmo G Bones troo Andcrillc B Associates 1 ArctMCCtS May 9. 1991 %>*» ♦ ^ c rt iaan«« 4. iBf^aia •kr^ ( a* viianr ■ Cjm at TWBWM4 # Nnym at G at W««« M (Mfivt c aa * ao««» af OdnaiiC tia^adft at iirty a enaaia at a N»i«0i af 1MB Ba« af MtMW T Bnaa^aww at Omm O 1.1—1 at c (4a«a ni I—tt — at wnnftft • aMMon af MM t BOtl af ■—a C t>iiiw aia f ai^ af a i tde —«« at A — af ) j Cm— at nwtmmm at O B—B at 0«y a MMT at I JB*na»« at i a^M • at —t C ^a<kM A I A a«r«MM tMf Atca jBay U —ma at Ceua Omm at t ommrn at M — at Ca—• A fflchaon — M M—n M City of Orono Baa 66 Crystal Bay, Minnesota SS323 Attn: Mike Gaffron Cotnprebensive Plan Review Our File No. 139 Dear Mike: We have revie*ved the comprehe ’* ive plan infonnation and have detennined that the City will have capacity to nK-ei the demand for the 20 year planniiif period (1990-2010). The ptweeted demand is for 2,500 equivalent residential uniu connect to the sanitary sewer system for the year 2010. This would be an average flow of a69 MOD for the City. The (low fr^ the Orono Lift Station is estimated at a55 MOD and the Orono flow from the Long Lake Lift Station B estimated at 0.14 MGD. The current flow from the Orono and Long Lake Lift stations is as follows; -Ofo«« Lit*1 ilflf } ^ Annual Daily Annual Dailey Year FViw F1q»—Flow Flow- 1966 188.4 0.52 M‘ -E 20.2 0.06 MGD 1987 135.0 0.37 MOO 16.2 0.04 MGD 1968 130.5 0.36 MGD 16.0 0.04 MGD 1989 124.7 0.34 MGD 18.6 0.05 MGD 147.3 0.40 MGD 27.3 0.07 MGD The Orono Lift Station has an average flow capacity of 0.89 MGD. The 1 ong Lake Lift Station has an average flow capacity of 1.10 MGD. The Lift Station capacities wiU not be exceeded within the planning period based on projected development. Please contact this office, if you have any questions. Yours veiy truly, „ BONESraOO. ROSEN E, ANDERLIK & ASSOCIATES. INC. Gknn R. Cook •i 233S Wkst Highway 36 • St. Paul, Minnesota S5tt3 • 612-636-4600 METROPOLITAN COUNCIL f\!>i Ct ’ii’, 2.«> l<i'! hnh Sir,i t .V Ihui ^/\ «'7o/ /ft-’J i^l2 2'^l A (\ :'^r '(j.-N /VI A/: :>j/-» April 28, 1993 .*C-'' Michael Gaffron Assistant 2Loning Administrator City of Orono P.O. Box 66 Crystal Bay. MN 55323 RE: City of Orono Comprehensive Plan Amendment Review Comprehensive Sewer Plan Update Metropolitan Council Referral File No. 14023-4 Dear Mr. Gaffron: At its meeting on April 22, 1993. the Metropolitan Council considered the city of Orono’s comprehensive plan amendment. This consideration was based on a report of the Cximmittee of the Whole. A copy of this report is attached. The Council approved the following recommendations contained in the above report: 1. That the Metropolitan Council adopt the findings and the staff report as part of these recommendations. 2. That the Metropolitan Council inform the city of Orono that it may adopt the amendment and no plan modification is required. That the Metropolitan Council inform the city of Orono that its rural service area policies and land use controls qualify the city as an exception to the Council’s Rural Service Area policies. That the Metropolitan Council recommend that the city of Orono to complete its 1981 HI Analysis update, establish an inspection program to eliminate illegal clear water ••onnections, and prepare and submit annual progress reports to the Metropolitan Waste Control Commission and the Metropolitan Council of actions taken to solve infiltration and ir.flow problems in the municipal sanitary sewer system. 3. 4. Recycled Paper Michael Gaffron April 28, 1993 Page 2 5. That the Metropolitan Council inform the city of Orono that as part of its next comprehensive plan amendment it must adopt the Metropolitan Council’s Interim Strategy to Reduce Nonpoint Pcdlution to All Metropolitan Water Bodies. Sincerely, Dottie Rietow Chair DR;lv Attachment cc: Ronald Morse, Administrator, City of Orono Donald Bluhm, Metropolitan Waste Control Commission Steven Schwankc, Metropolitan Council Staff Metropolitan Gjuncil Meeting of April 22, 1995 Business: B-2 METTIOPOLITAN COUNCIL Mears Park Centre. 230 East Fifth Street. St. Paul, Minnesota 55101 612 291-6359 TDD 612 291-0904 RFPORT OF THE rOMMlTTEE OF THE WHOLE DATE: April 15, 1993 TO; Metropolitan Council SUBJECT: City of Orono Cemprehensive Plan Amendment Comprehensive Sanitary Sewer Plan, Tier I Metropolitan Council Referral File No. 14023-4 Metropolitan Council District No. 13 BACKGROUND At its meeting on April 15, 1993 the Committee of the WTiolc discussed a staff report and recommendations dealing with the city of Orono comprehensvie sanitary sewer plan amendment and the city’s request to expand the Metropolitan Urban Servnee Area by approximately 171 acres. ISSUES AND CONCERNS Steven Schwanlce, Council staff (ext. 6594) presented the report and answered questions from the Committee. Mr. Schwankc stated that of the 171 acres, 141 acres were already receiving sanitary sewer service and the city was acknowledging this by including the area in the Metropolitan Urban Service Area. The remaining 30 acres is vacant, developable land that will eventually be subdivided for single family development. Mr. Wellington stated that he opposed the plan amendment because it involved expanding the Metropolitan Urban Service Area while the city has not fully addressed problems associated with infiltration and inflow. The city’s rural service area policies are also inconsi'-tent with the Council ’s rural service area policies, though the city has met performance criteria associated with the Council ’s rural service area policy. RECOMMENDATIONS That the Metropolitan Council: 1. Adopt the findings and the staff report as part of these recommendations. 2.Inform the city of Orono that it may adopt me amendment and no plan modification is required. 3.Inform the city of Orono that its rural service area policies and land use controls qualify the city as an exception to the Council ’s Rural Service Area policies. 4.Recommend that the city of Orono to complete iu 1981 HI Anah'sis update, establish an inspection program to eliminate illegal clear water connections, and prepare and submit annual progress reports to the Metropolitan Waste Control Commission and the Metropolitan Council of actions taken to solve infiltration and inflow problems in the municipal sanitary sewer system. 5.Inform the city of Orono that as part of its next comprehensive plan amendment it must adopt the Metropolitan Council ’s Interim Strategy to Reduce Sonpo'mt Pollution to All Metropolitan Water Bodies. Respectfully submitted. Dottie Rietow, Chair 1 L.. Committee of the Whole Meeting of April 15, 1993 Business Item: B-2 METROPOLIT.AN COUNCIL Mears Park Centre, 230 East Fifth Street. St. Paul, Minnesota 55101 612 291-6359 TDD 612 291-0904 DATE: TO; FROM: SUBJECT: March 31. 1993 Metropolitan Council Committee of the Whole Stc\’cn Schwanke, Research and Long Range Planning City of Orono Comprehensive Plan Amendment Comprehensive Sanitary Se^^’er Plan, Tier I Metropolitan Council Referral File No. 14023-4 Metropolitan Council District No. 13 ) J DESCRIPTION OF PLAN AMENDMENT The city of Orono has submitted a comprehensive sanitary sewer tier I plan amendment in response to the Council ’s 1988 Sanitary Sewer System Statement. The plan amendment also includes a request to expand the Metropolitan Urban Service Area by approximately 171 acres. Of this, approximately 140 acres consists of existing residential development already connected to central sanitary sewer service, and a Hennepin County regional park. REGIONAL POLICY ISSUES The city’s proposed plan amendment raises several regional policy issues. The primary regional policy issue is the problem of infiltration and inflow (I/I) of clear water into the municipal sanitary sewer system. Measured wastewater flows increased significantly from 190 million gallons in 1990 to 241 million gallons in 1991. To address the I/I issue, the city is proposing to update its 1981 HI Analysis, establish an inspection program to eliminate illegal clear water connections, and submit annual progress reports to the Metropolitan Waste Control Commission and the Metropolitan Council. The city is taking sufficieni steps to address its I/I problem. A second policy issue relates to the city’s rural area density. The city has allowed 2- and 5-acre residential lots in the rural service area and has demonstrated that existing development in the rural service area exceeds the Council ’s rural residential development density of one unit per 10 acres. This means that the city has already developed its rural area at residential densities greater than that prescribed by Council policy. The city, however, has addressed all of the performance criteria in the appendix of the rural service area guidelines. This qualifies the city for an exception to the Council ’s Rural Service Area policies. The third policy issue is the cit> of Orono has not adopted the Council ’s Interim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan Water Bodies. However, the city submitted the proposed plan amendment before the Council adopted the Interim Strategy. Consequently, the Council cannot require the cit>* to adopt the Interim Strategy as pan of this plan amendment The city, however, has adopted the Department of Natural Resource ’s rc\Tsed stateMvide shorcland regulations and is currently evaluating its comprehensive plan and land use controls to determine the most appropriate way to adopt the Council ’s Interim Strategy'. Before the city- submits another plan amendment, it must amend i»s comprehensive plan, land use controls, and stormwater plan to control the quality of stormwater runoff as prescribed in the Council ’s Interim Strategy. Finally, the city is requesting to add approximately 171 acres to the Metropolitan Urban Service Area (MUSA). This area is comprised mainly of the Suburban Hennepin Regional Park District’s Nocrenberg Park. The city has sufficiently addressed the criteria for adding land to the MUSA as found in the Metropolitan Development and Investment Framework. The city has also demonstrated a regional need to add the land to the MUSA. AUTHORITY TO REV1E>^ The Metropolitan Land Use Planning Act of 1976 requires local units of government to submit comprehensive plan amendments to the Metropolitan Council for review (Minn. Stat. 473.864, subd. 2, 1978). The Act also gives the Council the authority- to establish guidelines governing the amendment review process (Minn. Stat. 473.854). The city of Orono submitted its proposed comprehensive plan amendment on January 30, 1992. On Febniaiy 12, 1992 the Chair determined that the plan amendment was incomplete for Council review. After receiving supplemental material from the city of Orono the Chair determined on Fcbruaiy 8, 1993 that the amendment was complete for Council review, and that it presented a potential impact on the metropolitan sanitary sewer system. The 90-day review period concludes on April 29, 1993. FINDINGS 1.The city of Orono is able to demonstrate a regional need for adding 171 acres (net 30 acres vacant, developable land) to the Metropolitan Urban Service Area. This request is consistent with the Council ’s Metropolitan Development and Investment Framework. The city of Orono allows two-acre and five-acre residential development in its rural service area. 'The city has demonstrated that existing development in its rural area exceeds t.he Council ’s rural residential development density of one unit per 10 acres. This is inconsistent with the Council ’s Rural Service Area policies. The city of Orono has addressed all of the performance criteria in the appendix to the Council ’s rural service area guidelines. This qualifies the city for an exception i-: the Council ’s Rural Service Area policies. 4.”rhe city’s current indi-vidual on-site sewage disposal system management program is in accord with Council policies. 5.The city’s sewered socioeconomic forecasts are lower than the Council ’s for the years 2000 and 2010, and sufficient capacity exists in the metropolitan sanitary sewer system to accommodate all planned growth in the city through the year 2010. dmenL hordand ermine another ' plan toJrvicc )istn ’ct’s USA as 6. In an earlier plan amendment, the Council identified infiltration and inflow as a regional policy issue the city needed to address. The city is proposing as part of this plan amendment to take sufficient steps to reduce infiltration and inflow in the municipal sanitary sewer system.7. The city has not adopted the Council ’s Inierim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan Water Bodies. The city, however, submitted the proposed plan amendment before the Council adopted the Interim Strategy-.RECOMMENDATIONS That the Metropolitan Council: 1. Adopt the above findings and the staff report as part of these recommendations. 2. Inform the city of Orono that it may adopt the amendment and no plan modification is required. 3. Inform the city of Orono that its rural scrvnce area policies and land use controls qualify the city as an exception to the Council ’s Rural Service Area policies. 4. Recommend that the city of Orono complete its 1981 I/I Analysis update, establish an inspection program to eliminate illegal clear water connections, and prepare and submit annual progress repxDits lO the Metropolitan Waste Control Commission and the Metropolitan Council of actions taken to solve infiltration and inflow problems in the municipal sanitary sewer system. 5. Inform the city of Orono that as part of its next comprehensive plan amendment it must adopt the Metropolitan Council ’s Interim Strategy to Reduce Nonpoint Pollution to All Metropolitan Water Bodies. t is SUPPORTING ANALYSIS The follovwing documents were submitted by the city of Orono in support of the proposed plan amendment: • City of Orono Comprehensive Sewer Polic\- Plan. January. 1992 and revised January, 1993; • City of Orono Interceptor Irr’provement Report, July 14, 1992; • Letter and attachments from Michael P. Gaffron dated January 25, 1993; • Letter and attachments from Michael P. Gaffron dated March 30, 1993. Mttropolitui Development and Investment Framework The city of Orono is located on the north side of Lake Minnetonka. The lakeshore area of Orono is densely populated while the remr ier of the city is rural in nature. Orono is bordered by Wayzata and Plymouth to the east; Medina to the north; and Independence, Maple Plain and Minnetrista to the west. Orono also surrounds the city of Long Lake. The majority of Orono is located in the rural serv-xc area. The city’s Metropolitan Urban Service Area (MUSA) is located mainly around the developed bay and shoreland areas of Lake Minnetonka, and areas adjacent to the cities of Long Lake, Plymouth and Wa\’zata. "nte city has no plans to urbanize most of the remaining rural area of the city where development is strictly control'ed by 2-acre and 5-acre rural residential zoning districts. The dty is requesting to add approximately 171 acres to the Metropolitan Urban Service Area. Of this, approximately 140 acres consists of existing residential development already connected to centra! sanitary sewer service, and a Hennepin County regional park. The urban service area addition consists of 2 major parcels. The largest parcel is 140 acres and includes twenty properties along North Shore Drivr and South Old Crystal Bay Road. The majority of these properties were connected to central sanitary sewer in 1963 because of failing on site septic systems. The Suburban Hennepin Regional Park District’s Noerenberg Park is also part of this area. The other large parcel is a 24-acre tract owmed by, and located next to the city of Long Lake. This parcel is subject tt an annexation agreement between the city of Orono and Long Lake. One condition of the agreement is that the 24-acre parcel be added to the urban service area. The Council will agre t to expand an urban service area if there is demonstrated regional need and adequate cap.ici .y available in the metropolitan sewer and highway systems. Further, the city requesting an urba* • service area expansion must have rural area densi '.cs consistent with Council policies; local tirMOg and staging of development must correspond to allocated sanitary sewer usage rather than design capacity; an up-to-date comprehensive sewer plan, including on-site sewer management must be in place; and local assessment practices must limit creation of vested development rights. The civ, is able to demonstrate a need for adding nearly 200 acres to the urban area. Orono s current'land supply for urban desclopment is approximately 112 acres. This land supply not include vacant lots scattered throughout the cit>*s urban area. Orono’s demand for urban land through the year 2000 is approximately 309 acres. TTiis calculation assumes an urban res Jeniial density of 2 units per acre. Sec the follov.-ing table for details. MAR 2000 LAND SUPPLY AND DEMAND cm' OF ORONO MARCH, 1993 Residential demand (1993 - 2000) Public (streets, parks, etc. (1993 - 2000) TOTAL DEMAND Imvc jrar overage TOTAL DEMAND MTTH OMERAGE TOTAL SUPPLY OF URB.\N LAND DE.MONSTR\TED NEED FOR URB.AN LAND 168 acres 38 acres 206 acres 103 acres 309 acres 112 acres 197 acres ) Rural Service Area Policy The Metropolitan Development and Investment Framework identifies the city of Orono as part of the rural service area. Council policy' supports the preservation of agriculture in the general tutzl use area and residential development at a maximum density of one unit per 10 acres calculated on a 640-acre basis. The city of Orono allows rural residential development on 2-and 5-acre lots. The city does not plan for long-term agriculture in its rural service area. As part of this plan amendment, the city staff prepared a section-by-section analysis which demonstrated that the city has existing development patterns inconsistent with the Council s rural service area policy. The city’s Rural Service Area is already developed at residential densities greater than one unit per 10 acres. The city, however, has addressed all of the performance criteria in the appendix to the rural service area guidelines. Specifically, the city’s current individual on-sitc sewage system management program is in accord with Council policies. The city has also analyzed the development potential of vacant property in the city’s Rural Service Area and slated how wetland areas will be protected from these development activities. By meeting these and other performance criteria, the city may qualify as an exception to the Council’s Rural Service Area policies. Natural Resources (Jim Larsen) Sanitary Sewer System The following table presents a comparison of Council and city employment projections, and sanitary sewer flow data for the years 1990, 2000 and 2010. These data represent only the portion of the city served by metropolitan sanitary sewers. ) 1 PROJECTIONS 1990 2000 2010 1 1 (SEWERED)CITY COUNCIL cm'COUNQL cm'COUNQL POPUT-ATION 4430 4400 4670 5300 4700 5800 HOUSEHOLDS 1692 1700 1900 2000 2000 2300 EMPLOYMENT 925 1400 1100 1700 1300 1800 FLOW IN MGY*208 190*234 255-283 252 285-331 • - Million gallons per year The city’s socioeconomic projections for sewered areas are less than those prepared by the Council for the years 2000 and 2010. There is sufficient capacity in the metropolitan sanitary sewer system to accommodate planned growth in the city through the year 2010. Measured wastewater flo’vs increased significantly from 190 million gallons in 1990 to 241 million gallons in 1991. The jo^e has been attributed to infiltration/inflow (I/I) in the municipal sanitary sewer system. The city has proposed to update its 1981 HI Analysis to reflect current flow data; analyze the extent, sources and possible solutions to the current I/I problems; identify and proceed with those solutions that are feasible and cost-effective; and initiate an inspection program to eliminate the illegal discharge of roof water, groundwater, and foundation drainage into its municipal sanitary sewer system. As part of this Analysis update, the city has also proposed to initiate an ongoing process to continually evaluate flow data for city-owned pump stations in an attempt to identify problems as they occar. Council staff concurs with this city proposal, and recommends that the city proceed with its plan to update is 1981 HI Analysis. The city has also indicated that it will provide an annual progress report to the Metropolitan Waste Control Commission (MWCC) of actiom taken to solve I/I problems. Council staff concurs with this city proposal, and recommends that the city proceed with its plans to prepare annual progress reports on eliminating I/I, and ask that the city provide a copy of the report to the Council for review. The proposed 1981 HI Analysis update, inspection program to eliminate illegal clear water connections, and annual progress reports address concerns expressed by the Council in its r<nriew of the 1992 Stubbs Bay Area Metropolitan Urban Service Area expansion (see Referral f \ic 15690-1). Surface Water Quality In 1992, the Metrop>olitan Council adopted an Interim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan Water Bodies. The strategy requires local governments to amend their comprehensive plan, land use controls, and stormwater plan to control the quality of stormwater runoff and adopt the revised statewide shoreland regulations. The Interim Strategy requires local governments to adopt and apply the MPCA’s urban best management practices manual titled Water Quality in Urban Areas or its equivalent, and the Nationwide Urban Runoff Program (NURP) wet detention basin design criteria or their equivalent for the design of new stormwater runoff facilities- Adoption of these measures is required after Januar>’ 1, 1993. The city should adopt the Council’s Interim Strategy as part of its next comprehensive plan amendment. The city has already adopted the Department of Natural Resources ’s (DNR) re\'ised st3te^^^de shoreland regulations and is currently evaluating its comprehensive plan and land use practices to determine the most appropriate way to adopt the Council’s Interim Strategy. ATTACHMENT 1 attachment 2 CITY OF ORONO PROPOSED MUSA EXPANSION (Areas 12, 13, 14, 15) t IV — II 1(1 I spill ipR ■ • T7^imtf'sB it^ f’i 3>=in' Existing Urban Service Line *':■ K:- lU g-T. i , •>A; #■ >r' r-., . f. k l/< -! •h'- s>' ■ ' t-Jr. ';■ W-m if' - r*-' mr- Srfi'A'.*iW;Vv M' fe': IS >ii*’'S ir^ WiS''-m:tV^' ^r‘im. iteWm- f. .•Af.i. .'1 I. • k * •.. I . a¥' ■ , ft;#s U: To:Mayor Callahan & Oi\'no Councilincinlvrs Orono PlanniiH’ Commission Members Ron Moorsc, Ciiy Aclminislrator From: Date: Subject: Jeanne A. Mabiislh. Ruildiii!^'. cV *Amitiii Adrninisiraior M;iv 20, 199.^ <?1691/I702 City of Long Lake, i30 Orono Orchard Road Final Subdivision/Conditiona! Use Permit for PRD - Resolution /A .. List of Exhibits A - Resolution No. 3051, A Resolution Granting Preliminary Approval of Class III Subdivision and Conceptual Approval of Conditional Use Permit for PRD B - Declaration of Covenants & Exhibit A. General Development Plan C - Fleming Trail Plat Review of Application The City is in receipt of written confirmation from the Metropolitan Council that the City ’s Comprehensive Plan Amendment No. 3 has been officially approved. The City of Long Lake’s subdivision and Planned Residential Development known as Fleming Trail is now presented for formal action by the Council. The applicant has fulfilled all conditions of approval as set forth in Resolution No. 3051. Staff has enclosed the Declaration of Covenants that will govern the fti; ire development of Ae property once this property is annexed by Long Lake. The City has been advised that the City of Long Lake will retain ownership of Outlot A, lagoon and Long Lake Creek, and Oullot B, the outlot that provides continued access to the MWCC facility located in exception and fiiture pedestrian access through property to north. As Long Lake will retain ownership of Outlot B, there is no longer a need to execute an access and utility easement over outlot. The vacation of the utility and drainage easements that intersect Lots 1 and 2, Block 2 will be completed when the metro line is relocated within Fleming Trail at the time of development. The MWCC would not release current easement until the line is relocated. The development plan to be attached to the Declaration of Covenants (Exhibit A) of Fleming Trail, will be kept on file at both the City of Orono and Long Lake offices. Members will be happy to know that a large scale, less confusing copy will be provided. Staff recommends approval of the Planned Residential Development and plat of Fleming Trail based on the findings and conditions set forth in the enclosed resolution. 7 i ■; J I r"i' iTi?‘ A RESOLUTION APPROVING THE PI.ANNED RESIDENTIAL DEVELOPMENT AND PLAT OF FLEAUNG TRAIL FILE NO. 1691 & 1702 WHEREAS, tlie City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a Planned Residential Development and subdivision of a plat by the City of Long Lake, a municipal corporation, (hereinafter "the subdividcr"); and WHEREAS, on December 9,1991 the City conceptually approved a conditional use permit. Resolution No. 3051. for a Planned Residential Development of 13 single family detabhed residential units within the RR-IB Residential Zoning District requiring a minimum of 26 acres; the property consists of 24.5 acres. The area variance was approved per the 26 fmdings set forth in that same resolution. The proposed development plan for the property was found to satisfy all pertinent standards of Section 10.20, Subdivision 3 (H) of the Planned Residential Development ordinance. Approval of the conditional use permit is based on the subdwider agreeing to execute development covenants to govern the future development of the property at the time the property is detached and annexed by the City of Long Lake; and WHEREAS, on April 22, 1993, the Metropolitan Council approved the City of Orono’s application of a third amendment of the Community Management Plan; and WHEREAS, on May 24,1993, the Orono City CouncU approved Resolution No. approving Comprehensive Plan Amendment No. 3 that would realign the Metropolitan Urb^ST&rvice Area (hereinafter "MUSA'^) within the City. The subdivider’s property wouldUrban Service Area tnereinaner iviua/\ ; wiuiui uiw ^ now be included within die MUSA and may be served from existing Metropolitan Waste Control Commission’s facilities located within the property; and Page 1 of 4 41 1 .1 u Vi ' V. .:A •"'ll ■r- '.n •M WHEREAS, the City of Orono and subdivider have executed the Declaration of Covenants that shall be kept at both the admini3trative offices of the City of Orono and the City of Long Lake. The covenants provide special limitations and guidelines for the development and future use of the properties; and WHEREAS, fee ownership of Outlots A and B shall remain with the City of Long Lake. The outlots have been used as area credit for 13 unit density of current subdivision and can never be used as area credit for a future subdivision within the City of Long Lake; and WHEREAS, the subdivision of a Planned Residential Development has been found to meet all pertinent standards of the subdivision regulations of the City, finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1.Completion of all the requirements of Resolution No. 3051 that granted preliminary approval of the subdivision and conceptual approval of the Planned Residential Development.. 2. 3. Dedication on the plat of drainage and utility easements. Dedication on the plat of right-of-way for public stwts and roads shown as Orono Orchard Road North, Fleming Trail and Fleming Circle. Execution of a flowage and conservation easement providing for limitations on the use of wetlands and/or drainageways described therein and shown on the plat as drainage easements. 5.Payment to the City for the legal review and filing of the plat, easements and covenants in the amount cf $150.00. 6. Payment to the City for the final plat application fee at $150.00. Page 2 of 4 m -ii fK sP^¥'mw&- te Wi‘mfcte-'tvif iE p rfe.K?^.. ft t*‘“ Bl skitfep;^4k- « NOW, THEREFORE BE IT RESOLVED, thj.t ihe City Council of the City of Orono hereby grants a conditional use permit for the Planned Residential Development of 13 units and approves the plat of Fleming Trail. Hennepin County, Minnesota, subject to the following conditions: 1, 2. 3. 4. 5. 6. 7. Outlet A shall be set aside as area credit for the 13 unit Planned Residential Development. Any future alteration of the creek or former lagoon site, now wetlands, shall be approved by the appre priate state agencies and local watershed district. Outlet B shall continue to provide access to the MVVCC lift station and may provide future pedestrian access to the north via existing railroad viaduct. Final annexation of this property shall not alter the municipal boundaries as they currently exist to Orono Orchard Road. The City of Long Lake shall complete the vacation of the drainage and utility easment that intersects Lots 1 and 2, Block 2, Fleming Trail prior to the development of the property and in accordance with the needs of the Metro Waste Control Commission. The City of Long Lake shall assume all responsibility for seeing that foture development of the property shall conform to the special standards set forth in the Declaration of Covenants. Prior to the installation of the required storm water facilities and road improvements, the City of Long Lake shall complete all requirements of the Department of Natural Resources and Minnehaha Creek Watershed District s permits. The aforesaid plat shall be filed by the City of Orono with either the Registrar of Tides Office or Hennepin County Recorder’s Office on or before November 24, 1993 together with a certified original copy of this resolution and executed copies of the easements and covenants noted above. Page 3 of 4 'I 1 tw % r- l‘iv The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 24th day of May, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ) ss. The foregoing instrument was acknowledged before me on this 24th day of May , 1993 by Edward J. Callahan and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 J J I .1 -ii .a 1 4m m ■ M % 1| o o i I ❖ ' .> . V ^.N €IT¥ OSU>NO . • * *^RESOLUTION OF THE CITY COUNCIL NO. 3051 t?.: &!:: • A RSSOLDTION GRANTING PRjBLIMINARy APPROVAL OF A CLASS III SUBDIVISION, PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) CONCEPTUALLY APPROVES A CONDITIONAL USE PERMIT FOR A PRO OP 13 RESIDENTIAL UNITS AND AM AMENDMENT OF THE COMMUNITY MANAGEMENT PLAN FILES 1691 t 1702 |4-W.- 'B- H-■ r-v. r . ■ WHEREAS, the City of Long Lake (hereinafter "the applicant") filed a formal subdivision application, conditional ^s« Planned Residential Development and a Comprehensive Plan Amendment with the City of Orono (hereinafter "City") on September 23, 1991 for the purpost. oi planting 13 residential units, open space outiot and public road. The property is legally described as follows: See Exhibit A, attached to this resolution, (hereinafter ‘'the property") and? U- WHEREAS, after due published and mailed notice in Minnesota Statues 462.358 and the City of Orono Zoning and ®” Codes, the Orono Planning Commission held public hearings on 1 1991 and November 18, 1991 at which times all persons desiring to concerning this application were given the opportunity to speak thereon? and I council ‘51 following findings of fact: 1. i. The property is currently zoned KR-IB, single resldent^l. The district is Intended *«> low density residential development and limited agricultural activity* ^-1 2.cVe/l ,“nYV'£oV:er”s7;.|l ttLlllnl pond that has now reverted back to the original wetland. • Page 1 of 8 ;e; .i*n H ..•y o o > V v^ V 'vr?)!•V> .«> . ;' %V CITY of ORONO ^^ESHO^ RESOLUTION OF THE CITY COUNCIL NO. ^3051________ 3, T.iO existing dry buildable area equals 14.8 acres. 4. 5. 6. 7. 8. 9. The dry buildable land consists of both flat and steeply sloped topographies. Long Lake Creek Intersects the property along the west side. The former sewage treatment pond, now wetland, is located in the middle, surrounded on the north by the MWCC propGrty# on th© w©st by bhe Long Lake Creek# and the south and east by the only dry land corridors. In the early 1960*s the City of Long Lake acquired the property for the purpose of Installing a sewage treatment pond. During the time of Long Lake's attempt to acquire the property, there was much opposition voiced by surrounding property owners both within Long Lake and Oiono. The City of Long Lake commenced a condemnation action but matters were resolved between the two cities out of court and the City of Long Lake completed the Installation of the treatment pond. This treatment pond also received waste or sewage from sewered properties within the City of Orono. In the early 1980's the use of the sewage treatment pond was discontinued as all sewer lines were to be now taken over by Metropolitan Haste Control Commission and the system now part of the Metropolitan Service network. Sometime In 1982 a 1/2 acre parcel was divided from the original 25 acre parcel and deeded to the MWCC for the purpose of maintaining the lift station. A le* force main runs from the 1/2 acre parcel with the lift station at the north end of the p]*operty to the south to Orono Orchard Road. The force main is located within the area of the current driveway that serves the property. Since the acquisition of the property, the City of Long Lake s Public Works Department has also used the site for outsioe permanent or temporary storage purposes. At some point in the mid 1980's the Councils of commenced Informal discussions concerning a future residential development of the property and various schemes of development discussed.were Page 2 of 8 .f I .IViv .V o o• '•^^‘ >' • . .s'K'f-^■-^^resHO^CITY of OROMORESOLUTION OF THE CITY COUNCILNO.3051 Loped 9 the 3r is MWCC h and >erty irittg thara both cad a B two I tha also City 1 was f tha ct of m ■"V.. :» a:ir ■w 0 ikMm “ift:... m Wm ika*s ^sida ties ttlal ment * '-m . H P il fm9 i Itt: m I® fe%'.w p^'rS ^i- p yt IS 10. 11. 12. 13. 14. On February 26, 1990, Long Lake filed with the Minnesota Municipal Board a petition for the concurrent detachment ;>r.d annexation of the property to the City of Long Lake pursuant to Minnesota Statutes 441.06, Subdivision 5. Then on March 2B, 1990, Orono filed its response in opposition to the petition of Long Lake. The petition for annexation is presently pending before the Muncipal Board. In July of 1991, both cities entered into a settlement agreement whereby it was hoped that both parties would resolve the annexation position of Long Lake without further litigation and the parties agreed as follows: Long Lake shall forewlth file an application for rezoning and subdivision approval of the subject property with Orono for the development of 13 lots as described....As part of the application for rezonlng of the subject property. Long Lake agrees to extend sewer and water to the subject property which shall be chargeable against Long Lake's allocation for sewer and water units....upon receiving all appropriate filings from Long Lake for subdivision, rezoning and COTiprehensive plan amendment, Orono shall commence its required procedures to file an application with the Metropolitan Council to amend the NCSA line and shall work with the Metropolitan Council to expeditiously process that application. Orono agrees to process all aspects of the rezoning and subdivision application simultaneously with the processing of the application for amendment of the MUSA line with the Metropolitan Council. The comprehensive land use application does not include a rezonlng application but rather a conditional use permit for a Planned Residential Development pursuant to Section 10.32 of the Orono Zoning Code. Per Section 10.32, Subdivision 2: Allowed per total acreage » 12 units (total acreage acres} Proposed « 13 units Variance - 1 unit Page 3 of 8 - 24.5 . : - :vii| O O/:'■U. .Af-«*EsUo«^•)CITYof ORONORESOLUTION OF THE CITY COUNCIL NO.15. 16. 17. 18. 19. Per Section 10.55, Subdivision 15 (A) (3), the applicant seeks credit of wetlands and lagoon areas based on the sewering of the property.Proposed 13 unit PRD requires a minimum of 13 acres dry buildable land based on RR—lB zoning. Existing dry buildable ■= 14.8 acres Wetlands area >> 9.7 acres. Section 10.28, Subdivision 5 (B). RR-IB Zoning Standards: Total area required for 13 unit PRD *® 1,132,560 s.f. or 26 acres Total area » 1,067,220 s.f. or 24.5 acres Total area variance ** 65,340 s.f. or 1.5 acres The following findings have been cited in regard to the area variance sought by applicant: a. The proposed 13 unit density for the Planned Residential Development was agreed upon in a settlement agreement between the cities of Long Lake and Orono. b. Based on the PRD format of development, applicant could obtain 1-1/2 acres of adjacent wetlands credit to achieve total acreage requirement. The wetlands to the west within the City of Long Lake cannot be developed based on current restrictions of other regulatory agencies. The proposed comprehensive plan amendment that involves the extension of sewer and water to a rural zoned property is consistent with previous comprehensive plan amendments of the City whereby the extension of municipal services has not involved an increase in densities but rather retains the current rural residential standards for development. Section 10.55, Subdivision 8 prohibits any encroachment of a defined wetlands nor within a 26* setback from that wetland. The application Involves the westward expansion of a public roadway into a designated protected wetlands. Page 4 of 8 ■ *^s55**t .7, • ■ '' t;'- m- o o V \-#>. i’ > 's.t CITY of ORONORESOLUTION OF THE CITY COUNCILNO. 305120. 21. 22. 23. 24. 25. 26. The following findings or hardships can be cited in regard to the encroachment of the road into the designated wetland: a. Steep topographies along east side of plat road would result in major land alterations if road was to be constructed to the east rather that the west. b. Location of mature evergreen trees along east side of existing/proposed road. c. Based on the topography and location of lagoon, the only other alternative for access to this property would be via a private road in the City of Orono. Applicant has been required to submit a storm water management plan. Such plan shall conform to the Minnehaha Creek Watershed District's standards. Applicant will be required to install a detention pond within Lots 11 and 12, Block 2 located to the nortn of the property. All lots shall be served by the new public road, Fleming Trail and Fleming Circle. Lot 1, Block 1 shall achieve access via Orono Orchard Road. The applicant has proposed a PRD plan for development of the property based on the unique topographical contours and physical characteristics of the property, specifically the configuration of the contiguous dry buildable. The entrance to the subdivision has been installed so as not to impact the existing residential homes on the south side of Orono Orchard Road. Special setbacks and landscaping have been proposed adjacent to existing residential development within the City of Orono that lessen the Impact of this Planned Residential Development upon the adjacent properties that have been developed via a conventional plat at 2 acre + rural densities. The cities of Long Lake and Orono shall develop restrictive covenants to be filed against the Chain of Title of these properties so that the criteria or standards developed for the future development of this property shall ensure the protection of the surrounding rural properties in Orono and the future oumers of the properties within the Fleming Trail Addition. Page 5 of 6 ■ ii?" -----------------------------------------------:t- -A ■■ :o the tlve hese the ;tlon ture «r o o \i» .f •CITY of ORONOI■ ^RESOLUTION OF THE CITY COUNCIL3051NO. MOW, THBRBPORB BB IT RBSOLVBD, that based Upon either one or more of the findings noted above, the City Council of the City of Orono approves the preliminary plat of Fleming Trail Addition as presented by the City of Long Lake per plat drawings by Jeffrey Roos of McCombs Roos Associates dated September 19, 1991, revised December 4, 1991, conceptually approves a comprehensive plan amendment that would realign tne Metropolitan Urban Service Area boundaries by extending water and sewer to the rural area, conceptually grants a conditional use permit for a Planned, Residential Development of 13 single family detached dwellings, and further grants a variance to Section 10.55, Subdivision 8 that would permit encroachment of an expanded public road into the protected wetlands within Outlet A and a variance to Section 10.28, Subdivision 5 (B) and Section 10.32, Subdivision 2 granting an area variance to the total acreu^e required for the 13 unit PRD of 1.5 acres where only 12 units would be allowed at 24.5 acres, subject to the following conditions: 1.Outlet A shall be set aside as area credit for ^he 13 unit Planned Residential Development known as Fleming Trail Addition. Applicant shall create open space, flowage and conservation easements over said outlet that contains Long Lake Creek former lagoon site. Samples of such easements have been enclosed for applicants use. (These have been sent directly to the attorney for Long Lake's review.) 2.Outlot B shall serve as access to MWCC lift station and pedestrian access to the north via existing railroad viaduct. 3.The cities of Orono and Long Lake to complete the drafting of restrictive covenants that would develop the controls and criteria for the future development of this property. Such covenants to be in an acceptable form for filing with final subdivision resolution and final plat mylars. r"-' Ota % % i^-’- I ;rl o o 'V A,/' CITY of ORONO ■ ^ . j ’ <y RESOLUTION OF THE CITY COUNCIL NO. 3051 6. 7. 8. 9. 10. 11. Dedication of drainage and utility easements 10' wide along all perimeter property linesr 5* each side of internal lot lines and 10' along the front street lot lines of each lot. Appropriate easements to be taken over all utility and drainageways not included within public road rights-of-way or drainage and utility easements as noted in Item 6 above. All wetlands and detention/retention areas within each residential lot to be designated as drainage easements on the final plat. This shall include Outlet A that consists of Long Lake Creek and the former lagoon. Final annexation of this property shall not alter the municipal boundaries as they currently exist to Orono Orchard Road. Applicant's consultant cc develop a final development plan ^hat will include all necessary Information for the development of each residential lot. The development plan shall be referenced In the private covenants and In'rluded as an exhibit with these covenants. The development plan shall be kept as part of the official records of the City of Long Lake to assist future developer and property owners. Pinal Plat Submittals. The final plat 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 followsi A.RECORD PLAT drawings in the form of three (3) mylar copies (one copy for each of the cities and one for filing Hennepin County) and one (1) copy reduced to 1"»200 • Drawing to include: (a) All items as specified in the conditions noted above. B.Executed open space/flowage conservation easement over Outlet A. C.Access and utility easments to be taken over Outlet B to ensure control of City of Long Lake. (City of Orono will provide sample easements if desired.) Page 7 of 8 * :f I. . ' o o ' i \‘‘ i'i % .rm x> )<5" CITY of ORON F RESOLUTION OF THE CITY COUNCIL NO. ^ 3051 ____ D. Final plat fees Total Due: $300.00 (final plat fee « $150.00# filing fee for plat and associated documents $150.00) Applicant is further advised that if this property is to be developed by persons other than the City of Long Lake that to ensure all^ required improvements are installed to the City of Long Lake^ standards# that applicant require said person or persons to execute a Developer's Agreement and post acceptable security. Adopted by the City Council of the City of Orono# Minnesota at a iragular meeting held this 9th day of December# 1991. /-A-) Barbara A. Peterson# Mayor bt^ N an OF. „Fimmx oFFia 71 300.00CHECK •TATB OP MIimESOTA ) ) H£CEJPT-Tm YOU 02S4220 coot Ml T10H ot/m INTY OP HENNEPIM ) The foregoing instrument ws acknowledged before me on tWs 9th i^y of December# 1991# by Barbara A. Peterson a Dorothy M. Hallln# * l^ty Clerk of the City of Orono# a Minnesota municipal corporation and said instrument was executed on behalf of the City. ilMM & VBB HOtMKf nnue • mmnl. . HOMmCkXSIfy KtotaryPubllc Page 8 of 8 i A I® -----------»----------.IM - RESOLUTION #30 SI exhibit a Lejal Description o£ Property:tecel Desc...--. b«C*.iWii ect : ■■ >■■-0 kn- ■ ■ b; %3 fi--- -fe I- "<i^- mT 'fc • tfi-i- caa-^-lon 35, Townsni? -------southeast corner o: commencing .t • V-i of said Section 35: hh« Southwest 1/4 -orner of said Sout.hwest 1/4 o- ^i;:"ro«fh5:it‘?/4rthSrce;w,.t ««o«!>“«,\%»rrpoinr- Jii.nfThe®torUL-gi£-^ MorthwesterXy alon9^««l|^g.i3„ 33, thence Northeaater.y «eet*to the place of beginning. — > ■ & :■/.- } All that -part of °<»»«“«"J„|’®|t«e®n^«iSn”ota?Tsc^ fSllwaV ColiSMcing it"the ‘",^*“JJr^‘’Sallroad (l«Serly*St. JSi'JiSit-of-.y »i ‘‘‘S.'^rwb. RlflrcSd. el th the west^ llne^of Slid'o2«?!SSnt Lot 2, thence •|“|5?5^5ovSrlr:5nt Lot 2, -hi'l; ^tf^2k«^Aforss«ld railroad wiwh 7.52 chains,dt‘5T •••^«ii,nS"thr«uSh*ur.‘of Said 0«v.««»« St 2 and 7.27 chains Vit the southeast corner thereof, thence eaet on eald of aald ^thence north on the east i-n #*id Great Northern ^ *5 !5?d‘^0reat Morthern Railroad, all the the State SSSSi SiSS'rf-fjs"" *■ "• ' Piles of the Register oc Deeds. l^iy ■ \-r., ■ ':* -■ ' ’ pt,v-fe Efi f Filee of the Regiac.r Xowneblp USr ««"«• 55*^5«‘ |i.r:r"tr«eSr4?9.*srf.et .ni southerly of the iurtiSgtSn Hocthern Rall«.y. % ;;RWLsCZOa p Vnb'iTliifc' n- |pm k "fgM: iP ih,efc.- iW^i m •■ta-., . m‘: S!Kv. Kf-;1 1 fffe'i: K mm DECLARATION OF COVENANTS THIS declaration OF COVENANTS is made this - - - 19 , by and between THE CITY OF ORONO, day of a municipal corpTratioH-fOrono-) , and THE CITY Or LONG LAKE, a municipal corporation ("Long Lake ). RECITALS T — nrr Take is the fee owner of certain real property that Sr b"eUln^\%r a^-^^ ^aVex^t itrc the Property. NOW, THEREFORE, in consideration of *?g oood and valuable consideration, the receipt of which is hereby a^owledged. Long Lake and Orono agree as follows: 1.These covenants are the mutual agreement of the p«”es~ nd “ay be enforced by the «-V injunction, whether or not monetar:^ damages are involved. No permanent, temporary, or oyo^o*oaks construction on each lot shall l^terintranversae Lot coverage includes the footprint Area of all'structures within building lot. The frtlo^ing included in clcul.tion of lot coverage by structure: All roof structures that extend more than 6 above grade level; Tennis courts, patios, filly ^osed^ fences, railings, or walla that extend more "than «' above grade level. Pools, including pool basin »d Y"htth2r with a fence. 4. provided. J'J /':r.R'-"' rr" ■'.»■■ Ji-fiC ./ ’lH l! :;vT^' h ws'? : 4 " •■^•^ 7? I **'. 5. 6. 7. 8. a«Plantings shall be provided within the 50' rear setback areas of Lots 1^ 2^ and 3# Block 2# as shown on developinent plan attached as Exhibit # A to these covenants, providing a natural visual buffer between the Fleming Trail Addition and Orono Oaks development. b.The stands of mature trees on the eastern portion of the site as shown on Exhibit _A shall be preserved. The following setbacks are approved for each of the residential lots: a.Lot 1, Block 1 setbacks from b.XiOtS 1, 2, 3 a 35' street, 50 c.Lots 4, 5, 6, 35' rear, 10' These covenants include the vfr"i»*’"?he plan that is attached •» » . th*covenants and kept in the official files of Me City of Iiong Lake for reference of oiner^ This plan shall be enfoMeable in its entirety by the City of Orono. Changes « Jhe SvSlSpSJeM plan will MvnfA of the city Council of Orono. such development plan includes the setbacks of each lot, the approved aradina plan, landscape plan and fohadules ^ retention areas for surface run-off, SlSvitioni of first habitable floor, 2SU?ital designatieS of DTO-protected wetland. Future developer or homeowners to obtain ?5oS^the Department of Natural Resources and the cores *of Engineers if future improvementsaJ?‘*’furt*h.r® „t”“A . • 4 tm intersection because of the location o ?25 int^e«io ”to existing. curve within Pr^ Orchard Road. Montiments must be set back 10 r 1 iKi ■V • \ 'll public rights-of-way and are not to exceed 3'6" in height. 9. The following shall not be pemitted: a. b. c. d. f. Guest houses as separate structures; Home occuoations conducted in any building on the premises other than the building which is used by the occupant as the private dwelling# and not more than one room may be used tor such purpose. Permitted home occupations shall the employment of any persons not siding on the premises in the performance of such LcupStion. nor the use of equipment other than is usual ^ domestic or hobby purposes, and shall not include exterior display or signs. rhmrm shall be no exterior storage of •quiproent or materials used in permitted home ©pupations. No commercial automotive shall be made in any homeovmer or occupant repairi g automobile shall do so in an enclosed structure. Th« oper*tio*i of *ny ^*^*'***4 permitted home occupation unleee it meeta the Sere'^is^no^mployed assistant. The business is conducted within th principal structure only.Evidence of the business is not visible No'^si^s “other‘than those permitted in Single^^faiSily residential districts are 2) 3) 4) 5) 6) 7) SriSeMive stock in trade is stored on retail saUs are not iSr'use^'doe. not -dversely affect the SaracteV of the uses permitted in the district in which it is located. !?rpupil “ /■V a. A 1 • ..M ah..« Ay **i -a . > .1 aiL^ . a .... a A L <L > • r 1 - - ' ■ a I Mta.4.« A t a t . a . . a. I . 1 aA^I.. J d I .k.^al.a ^ U aJf&A . ^Jm kennel, or any activity producing noxious matter or perceptible noise beyond^ the lot line, are not permitted home occupations. 10. 11. 12. 13. 14. The keeping of domestic animals for commercial purposes* is not permitted. The keeping or household pets for non-commercial purposes is allowed. Outlet A shall not be developed at any time. No road providing vehicular aceeaa under the railroad viaduct to the property to the north shall ever be constructed on the Property. All mobile materials and equipment shall ® within a building or fully screened so as ^2 visible from adjoining properties, ^nSccupied trailers less than 20 , feet Shich are not stored for commercial P'*^®***» Stored to the rear of the house and not within the xequired setback areas. The sanitary ..war forcemain the proposed roadway as shown in Exhibit —A. • executed this IN WITNESS WHEREOF, Long Lake and Orono have Declaration on the above date. the city of orono By By ■0M v’,.-v'V.r '' 'i? si 1.4 iSJi m ita 1 iiifUittfiiiM II MfliillWiiaiiiihNllftilii iiiri niiii r >k" t ■ ^ . t $ F!;- ft m: . • -v fe-' .«r • s,^ f' *ffx 'I. •■' • ■'fr; ftL- ■-fSy >•:• I .■ r;. S' '■:/ I STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before m^this -day of :}(\r^tA(ira 19 li_. by Jf Ox/IUu^n^rj, and /?< ' ^ A then n id T> r,S£. f’ ^/>^/ A a !t^>'n H'"— ------- -- ------. - coloration; on behalf or the corporation. /)'1a ynr*and9 iLLynf of the City of Orono, a municipal __ - • c iS^EMTA henne «m«)unty My cgtwniMiofi «ipirM ••U-M Notary Public STATE OF MINNESOTA ) ) 6S. COUNTY OF HENNEPIN ) C'iif n?i^ - Th^,for.going w^.^taow^^dg.d befor. m. th^ the coirSiraS^fei', on b«l>ail ot tn« corporation ?" m\iniclpal THIS INSTRUMENT WAS DRAFTED BY: POFHAMa KAIK, SCHNOBRICH & KAUFMAN, LTD. 3300 Piper Jaffray Tower 222 South Ninth Street Minneapolie, MN 55402 TJB TJB710 lev V I ■ ■^?!i ■: > ■■ ■ ■ ■”. ts r -; ^m:-;'•m‘ms^in I«i gP R :iv; - -•;' V'- 'iirf ^#r/ f, \ Sf€ I . |OI*fS t4*tt il I »4 mMM .'ll^i- ,:‘c; I* ;Sii'*vrr»M m #ii A m I 5’/ .S^S* . .f%ii ° I( W// '' 't? " »*ssiK P? m ^P .m or M ‘i-$m% »f ##• **,r/ts.^ » "^/#j/ /»<•» n,-' e" T,sJ< »», r/i<t *V* tmsf /->^ SS82ei8:8Sr8j8;:8S;S3S* «SMI88.««8l88S8jl» S8| 8fiSSilUS8iS888ilV88888 L-^ ‘I 1 i V. ''■f;v7^'F iSfiSaSSSSSSSBSSSSHSSSSSSStSQsafisosP p =m 1 jssmmm Pi: Wife fcii^ •ktiiitkaiilitiiiit^ftsiinsiitiintsiiiiM '-.V ii83iii9|liB!if!iixi88is888f88ilit8Si& 888k88iU«l888tl888tilX8'2X888'S8'?88k| ft* Si • 88 •‘c ilg / _.;'x «=■ ••^ '%i 4 * ■'■ ^3 AM • ;^i' ■‘S? [», tM , • '<■ V f jjffi ■■■■■•■ •' :■ ■ V'■ ■ i T r: ■ ■ . .' ^■ -f" A. ^‘AA r *1- ■ • k k : ^ Vr> !i- ^ ■; t . -. ■- Ji-'Swi E‘#; y TO:Mayor Callahan and Orono Council Members Ron Moorse, City Administrator FROM: DATE: SUBJECT: Jeanne A. Mabusth, Building & Zoning Administrator ^ May 18, 1993 #1734 John and Mary Jane Burger, 3750 Bay side Road - Final Subdivision - Resolution The have fulfilled all conditions of preliminary subdivision approval and submitted all required final plat submittals as set forth in Resolution #3131, resolution granting preliminary qifwoval of the 2-lot plat. Staff rectmimends approval of the final plat. Burgers Bayside Second Addition, subject to the findiqgs and conditions set forth in the enclosed resolution. mm % i -At m - fe:^% f/s-. '. »■’: M-~te&^ fp^te r-^'iir'^-few" j*''" T:".'i;'. ■- f. •*'"-. - ,••-:! ^ fc;<*?-.iv';r A RESOLUTION APPROVING THE PLAT OF BURGERS BAYSIDE SECOND ADDITION FILE NO. 1734 WHEREAS, the City of Orono is a municipal coq)oration organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulation for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of 1 two lot plat by John Burger and Mary lane Burger, (hereinafter " the subdividers"); and WHEREAS, the subdivbion has been found to meet all standards of the LR-1A and RR-1A Zoning Districts, finding that each lot is of a size and configuration that will either allow new development of a single family residence on Lot 1 and continued use and development of the developed lot. Lot 2 without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, includittg: 1.Completion of all the requirements of Resolut granting preliminary approval of the two lot plat, Dedication on the plat of right-of-way for a public road shown as County Road No. 84 (Bayside Road). 3. 4. Dedication on the plat of drainage and utility easements. Execution of a maintenance and easement agreement, escrow agreemem aw^^ of appurtenant easement to allow access to Lot 1, Block 1 via Landmark Dnve and Outlet C and Lot 1, Block 2 of Bayside Landing. Page I of 4 ____ 4 J f ^. r V: t K. 5.Dedication to the City of a flowage and conservation easement providing for limitations on the use of wetlands and/or drainage ways described therein and shown on the plat as drainage easements. 6. 7. Payment to the City of a park dedication fee in the amount of $3,696.00. Payment to the City for the legal review and filing of the plat, easements and covenants in the amount of $200. 8. Payment to the City for die final plat application of $175 WHEREAS, on June 8,1992 Council conceptually granted approval of a variance to Section 10.03, Subdivision 6 (B) that prohibits the combining of separa^ parcels for area credit divided by a public, private or platted road or road easements which result in any segment thereof being less than the minimum acreage required for that zoning district based on the following findings: Outlot A consisting of 4.2o acres is landlocked. Applicants have attempted to obtain access ftom the State, the City of Orono and adjacent property owners but have been unable to obtain legal access. B Lot 1 consistt of 2 acres of dry contiguous lands and a resideoce can be fonstnictfd meeting all required setbacks of the RR>1A Zmiiog District. Lot 1 is able to susuin both a principal and alternate septic site per a report by Stephen Weckman dated May 6, 1992. NOW, THEREFORE BE IT RESOLVED, that the CHy Council of the City of Orono hereby approves the plat of Buyers Bay side Second Addition, Hennepin COuniy, Minnesota, subject to the following conditions: 1. Access to Lot 2 shall remain as currently defined directly off of CounQr Ro^ 84 or Bayside Road. Access to Lot 1 shall be via LandmaA Drive and a private access easement over Outlot C and Lot 1, Block 2, Bayside Landing. Page 2 of 4 .......... • ‘ • A 4 i'Mi . \ ‘ i I’j • p m ;’r -: ' p'fc Ai. ■ ■' Pr:! W: fei%£• /;r .r‘:v > f ♦ i* * ■ I1-" 2.A special lot combination shall be filed against the chain of title of Outlot A and Lot 1, Block 1 recognizing the relationship of the two parcels as they are to be considered as one residential unit and sold as one. No residential accesstwy structures shall be allowed to be built on Outlot A. Outlot A can never be developed as a residential unit but is set aside as an area credit for Lot 1. 3.A special lot combination shaU be filed against Lot 2. Block 1 and Outlot B. This agreement recognizes that Outlot B shall provide riparian use and access exclusively for Lot 2 and that there shall be no parking either temporary or permanent of vehicles on this limited site. Alternate septic test site shall be staked with no snow fencing prior to any construction or land alterations on Lot 1. 5.The aforesaid plat shall be filed by the City of Orono with either the He County Recorder’s Office or Registrar of Titles Office on or before Nov 24,15193, together with a certified original copy of this resolution and ex copies of the easements and covenants noted above. PI -1 11 »I' * ^ h t .1,d The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event it will be necessary to file a new application with the CiQr of Orono for subdivision review. Dated this 24th day of May, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Mayor Page 3 of 4 4 ••■ii •'7VTrr»- CT'irip;','—• i^Cr '•C- *♦ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoiog iostfument was adcnowled^d before me <mi this 24th May 199 Edwaid J. Callahan and Dorothy M. HaUin. Mayor and City Clerk of the City of Oroi Minnesota corporation and said instnunent was executed on behalf of the CHy Notary Public / Page 4 of 4 1 I • f'M yr/ •/fill tm■.. ^ .7J,^ IP V ■' ' * -v*1 '^>^01 ■m .p!l •V. GlTYofORONOmRESOLUTION OF THE CITY COUNCIL NO.3131 A BBSOCDTIOH GRAMTIHG «o BO» nu M>. 1734 WBBRBA8, John and SR““f'or“p??oiil of « two lot r..id.nti.l pl.t of property los.Hy described as followst Lot 1, Block 1, Burger'. *Biv^i “eVp«rk! iSMlvLlon HO. 203. •»« >-»Vh.rll.!l.ftVrHennepin County» Minnesota, (hereinafter tne prop« j f.» -c„, c.«»'rr;.s.s'S.TKs^ noting the following findings of facti The property 1. HeTi^ffitv fs;>£„i*?sis!e“i:KtSa"irc{: contiguous and 1.61 acres wet 2. ' 'f: Lot 1 .nd requiring 5 acres in area, ^oj -erea drv - for a total dry wet and Outlet A consists of 4.26 acres ary buildable at 6.59 acres 3.Per Beetle. 11.03 1? .o’?" * “r«irsx i»s." 5Jci““ro^f’iS;Y.;d'..Viic «d pnw.t. ?i,S?Uf^.y^ ~hleul.r or pedeetrU. ..MMnt.. Page 1 of 5 V ' I ' * * 4 rV3^v>- ■ L y^i ' /* fr 1 <r» . I A xlt GITYofORONO 88tf^ RESOLUTION OF THE CITY COUNCIL NO. 3131 _.i 4.IsmiiMPJ 5. and adjacent property owners but have been unable to obtain legal access. 6.Lot 1 consists of 2 acres of dry contiguous lands and a f**^^*"^* can be constructed meeting all required setbacks of the m ia Soning District. Lot 1 is able to Jl “5alternate septic site per a report by Stephen Heckman dated May 6, 1992. ♦A 7.In the May 6, 1992 raemor Stephen Heckman confirms Jj! scheduled for sewer in a pending sewer isqprovement project. 8. ‘t* avail^le dry buildable area to the east or west to allow Lot X to expand the width measured in an east-west line. findings noSd SJt^cSS'Sf “\hi*Ci^^^ Nar^ S.^Gronberg of Coffin and Gronberg# Inc. subject to the following conditionsi ii} irs:^ is. \.‘^'is!S"ss^ssi! f Page 2 of 5 . V •fc.;.‘ • >. ! '■■ii t iB'S:' ^SiM* Jfe ^,' Vi •: i- rfvte >*U' PR?/.'*-'.-'. ii/i':-5-SV.c.''-' m: if;:-’ - 4 %• ' ‘4l CITYrfORONO «8Ho; RESOLUTION OF THE CITY COUNCIL NO. 3131 application, applicants shall provide a copy of a JwllY access easement and covenant amendment confirming that Lot x wixx share in the cost of maintenance and upkeep of Landmark Drive. 2.Applicants shall execute a special lot combination recognising the relationship of Out lot A with proposed Lot 1 as they are to be considered as one residential unit and sold as o»«* "® residential accessory structure shall be allowed to be built on Outlot A. 3.Applicants shall execute special lot combination recognising tot 2 and Out lot B as one unit. The agreement shall reflect Out lot B vehicles on this limited site and that Outlet B shall continue to provide riparian access to hos»stead portion of property on tot 2. i 4.Alternate septic systems shall be staked with snow fencing prior to any construction or land alterations on tot 1.% PIHAL PLAT 80BHXTTALS p“r*ior^“o the second and fourth Mondays of the mnthi ■w X, RBCORD PLAT drawings in the form of two (2) mylar copies and one <1) copy reduced to l"-200*. Drawing to includes a) b) Lot lines platted per preliminary survey. Dedication of "drainage and utility designated wetlands per original designation within the Burger Addition plat of 1977. ^■7 Dedication of 66* of right-of-way for County Road 84 or Bayside Road. D.diction of dr.in.g. •nd.»tiUt?ill «riJiit.r pro^y lln.. and 5* on .aeb aid. of lnt.ni. property lines except omit at designated wetland area. Page 3 of 5 ''A UMAVaif*, ■•S u i. .'d'.-. .d I».a4 If . •'Hi GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3131_________ B. LEGAL DOCUMENTS requlr«di a)Title opinion addreas^ ”?lereln interest• The applicants anist provide certified copies of all recorded easements currently affecting the property. Applicants •xpaMad to fll. • n«* flow.9* «id con..rv«tloii ......nt. % 1 c.PEES TO BE PAZDt Total Due $375.00* s) Pinal plat fee ■ $175.00 b) Legal review and filing fees ■ $200.00 . ■■*6. f ' -i-® 'Lm f •»•Park dedication fee - The P«ktwo lot subdivision and has determin^ that the p^perty if . not suitable for park use and will a^ for ^ lieu of land. The City will be askedto ^te«^ S:\iiue^'the^d;^lo;S^ The Park deletion fy ^ shall be based on the value of 0% of ^5*^hlf%\\ln?o£ the Park fees must be paid at the time of the filing of tne final plat. Park Constiasion did ask that •iJJJJjS a bike easement over the 10* drainage^an^ 11 bethat abutts County Road $4. A copy of ^e Msement will be sent to applicants by the Public Berks Director. Anolicants are hereby advised that preliminary subdivision approval shall expire in one year from the date of Council's approve o the prelindnary plat (June 8# 1983). Page 4 of 5 • ^ CITY of (MtONO RESOLUTION OF THE CITY COUNCIL NO. 3131 ________ 1 Adopted by the City Council o£ the City of Oronot Minneeota at a | j^ttgular neetin9 held this 8th day of June* 1992* .'ii KiiAjUuLO Barbara A. Peterson# Hayorn# Hayor & 8TATB OF NZmiBSOTA IHTY OF BBMIIBFIN ) ) ) SB. 3*Su “Jiinatniaent was executed on behalf of the City* UNM S.WOTAWY wsuo. Mweyr* HCNNEPm OOUHTY My coB Wwmiow Notary Public IP /' /a' 90 ,.T My CoBSBission Expires Mm Page 5 of 5 ¥ m ‘10 ''Mm RESOLUTION #3131 'a STATE OF MINNESOTA COUNTY OF HENNEPIN f.> i;'CITY OF OBONO ) ) ) ) ) iXi I Dorothy M. Hallin. City Clerk of the City of Orono. Hennepin County, Minnesota, do hereby certify that I have compared the foroiolnt copy of a resolution of the City Council of the City of Orono with the orlflnal record of such resolution In the Minutes of the nroceedlnis of said City Council at a meeting of asld City Council held ^ a 92 «nH fchafc fcha case is a trueJune 8 and correct copy of said resolution was duly adopted by said City Council at aald meeting. Zn Witness Whereof, I have hereunto set my hand and •••! 9th _ _, day of _ _ _June_ _ _ _ * allln. City Clerk (SEAL)1. ■m 'JX: r' ■ i . ^- •'.. BLOCK o I 1 O ^ P* 15 w l*< O i- ♦ »BAYS r'aAVSiDt RD.) RONOitr*(BAYSOE M •»>»•«' •»*v W«W * muoums^ ^ 4 ^ . m Ff- - ■p ■IfI ^ : K-- ■- l-:-^ ItjV, pj.“ P*p- |i r*"l- Bi fe- :r-'A M0 •»i^ To:Mayor Callahan and Orono Councilmembcrs Ron Moone. City Administrator nrom:Stephen Weekman* On-She Systems Manager Michael P. Gaffron« Assistant Planning A Zoning Adm Me: Solliect: May 19,1993 #1811 C. Jack R - n I -ii I. 3237 Casco Circle > Variance Renewal kn 10.03, Subd. 6 (A) • Ei(iitii« km. V'' - W I • I 10.03, Subd. 6 (A) (1) - *R* Diwktt at vat aoe or len wkh pBbUc nakiiy Sacthm 10.23. Sabd. 6 W> ■ Mkdanm lot leqi 1.Mjoi ReqpiM 80% area Exi Variai - 21.780 s.f. • 17.424 s.f. > 16.748 s.f. or 77% ■ 5.032 s.f. or 23% 2.LflL Reqprirad 80% w Ex Varia II • 11 -80* 55* 45* or 45% , * ' ; Hi ■' .i*n viii. H • R I K L M ien Letter 4-19-93 ReeoiBrton Ibr Approval Correipoiidence 1 - Bachnan Letter 4-26-93 Stanflttm Meaeo 5-4-93 DNR Letter 5-17-93 Ptamiiif Commisekm Minutes 4-19-93 Commission Menm A Exhibits A thni O 4-15-93 Original 1983-84 Variai 2 • 3 - viui -<« * r L.-- fe- Zoning Fik #1811 May 19,4993 Page _ « « p I ( I orn -1 The opUcant requests the renewal of lot I -grai Itesohitio^l^1607 (2/W). Resolution No. 1904 (1/W). and Resolution No. 2123 (3/^. aopllcant.^. Jack Remien, currently owns the suliiect property (Lot 18) Shlwriiw property (Lre 19). where the applk^ A potential buyer for this property who wishes to construct a residence would lie assurance that the lot b buildaWe. The potential buyer has submitted conceptual plans which demonstrate that a residence can be installed whidi will require no additional variances. Please review the Planning COrnmissionineino and exhibits for Amber inforaut; MH .tj I This property. Lot 18. was originally owned in common with the two lots to the norfo, Lots 16 and 17, which were not coibbined. As a resuh of the comnm ownership stu^ completed in 1983, the City changed its policy on common ownership lots in sewered xonet and based on the IndIviduU merits of Lot 18. the lot area and width variances were gramed. Atthe April 19 Planntiw Commission meeting, Warren and Christine BieUoe, who live adjacent to the sut!)Rt pfopeny (Lois 16 and 17). irtwl for me daiitl of meveiliiice it iliyMIwlteloiaw m«n Mi< ih« inuMct no eieit with tbe bomihiciioii of «lesUence. EsMblt O of me PUea^ Coofflisiioo packet » a letter ftwn me BMke'i indicatiiit ikeir poeiliaa wUditacluto signatures of other neighbon who support the denial of the application. Mease refer to the Planning Commission minutes for Amber infon Included u Exhibit H is a letter from Mr. Remien addressing some of the wncyii SK.T-iSJ^.sss,”S PlaoniiK Commission Packet. Plan It The Planning Commission approved the lot area and lot width fiances whfa the vole 2 Against based on the findings and conditions noted in the prevkxis approvals. Jeff Johnson and Steve Petermn voted against approval of Uiisapplic^^ JdfJt felt he could not support the request as he felt the two lots should be combined as sufficient area to meet the zoning requirements. Steve Peterson felt diat die approval required too many variances. 1 %1 T .'4I V ■}■:■ ■:3 d k'.'/ii ■3* M: |r- i .j*v ^ -:. i* ph-, - . ii w IP mi fe'V ■ ?'^«‘ V*S-•V'. i.-> ■f^ff.:ar:— ZoniQg File #18r May 19, 1993 Page 3 of 3 Subsequent Dlacti Siortly after the Plaoning Commission meeting, Kevin Staunton received a letter from the Bielkes* attorney, Ptter Bachman, indicating his discussions with a DNRa^niey lead him to believe that DNR r^wlations prohibit die City from granting this variance. Further lead to this item not being placed on the May 10 agenda pending addir* infoniimion. Staff discussed this jss'ie at length with DNR officials. While t^ ini our *hMs of lecofd” ordinance may be inconsistent with DNR Shoreland Rcgulai after ftifther inHiepth review they determined that our 80% role is not inconsistent with the imem of the DNR leguladou. that the intent of the regttlatioiis was not necessarily to deny buildability of a lot that meets their minimum lot area requirement (15,m s.f. on a General Development Lake) while requiring only minor variance to die DNR minimum 75* requirement for sewered OD lakes. The DNR letter of May 17 sett forth the DNR position, and concludes with a ywttwUr rtttt if the City grants a variance. Council must find diat a hardsh^ exists. Council may recall that upon recommendatt revised itt interpretttion of the easing lots of record lots with sewer. Prior to 1984, staff interpreted d 1967) to mean that the City would not even considc lyrnmnn ownership lots less than 80% of the lot wU our attorney, since 1984 die City has accqited varii the merits of each individual case, has granted a m however, recall that the City tightened up its ordina owned umewered lots. hi1i> 1 of the City Attorney, in 1984 the City jde section relating to one acre or imaIkT language (which has not changed since variance applications for existing vacant 1 and area requirement. On the advise of appUcations for such lots, and based on r of such variances. At the same time, e language with r^ards to commooty indue muI r a •» h •e this wfication is controversial, at die risk of flooding you with paper, we have the original 1983-84 variance review, which may help Council 1 the basis fbr the original approval. ^ IM -11 »t '» , to » 'I M -a Staff recommends approval per the attached resolution. Council’s optional courses of may include: 1. Amnoval. 2. Table, requesting additional informats 3. Conceptual denial. 4. Other. . ft ... - ^ I I lAi in -r ■■ k April 19, 1993 Jmom a. Mabusth, Zoning Atiminintrator Orono City Ball 3780 Kollay Vorkway ocono, m Subjaeti Um 08B APPUCmoH '«1811 AT 3237 CA800 ClBCll Otar Mi* Maboatht zn an S^e"ifS5;. 1) fha ion e£ ounarahi^ of tot 18 ist xaar 1976 1977-1986 1987-1968 TuthUl flidth booakit ttia lot in 1987# it «af hio intantio n to tauW a SSS S; M ro.id.ico. 00 a taoildablo lot. At ttat point ny intantion m toin COM poet# tot 18. Zn Oatabar oC 1988 idian Holka Ipoerta^ bU htm, thaco JUJ th£ tiMOto build on tot 18. At no tini did Biolka fila a Tha aoU ao Do io n pcablon roCaccod to in M6**g^*f J“^.5rS*^roin of tba rain oten of tha oonbii^ to ■rfLimfall to a 13-hour porlod. Thaeo hao boon no ethoc nlgaifieant oceoion Zn loraocaph #4# tha quaatien ^ . ****^?*^?*. ^ad jacant proparty idiidi could bo addad to naho thin lot buildtolo. niuiarmia h»aa on tha coat ahero of Gaa» fi^^^^toiltf Ip ■ad I ■Im na&9lilBQirtiood< L ■ ;V^ i•I t ;■ • •» * '*^1 ^ « .. :r .1 i^r.r - Jmium a. Mibutthf Zoning Aanlnl»trator P«g« 2 thnt I X saa.ay:isr..‘5y” jaStTlS-'SSlsn ss! s 2S--‘!.'?S>S?SS«u xn cloning# r amU tvo te 1) in 19M ond 1M7 3) Afc prMMBt tte. I »«• sg»>"".5?S!!? « Mw'aSfitn ____I# not only by m cchcaolod to eloio 'i' i; <V V i' ■-W- ^ V. ftinWi #1 fa rii/*afi l«^ A lESOLUnON GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION SUBDIVISION S (B) I1LENO. 1811 WHEREAS, C. lack Remien (heieinafier "the appUcam”) is the owner of the propeity locaiad at 3237 Casco ^iicle within the City of Orono (hminafter "City”) and legally described as follows: Lot 18, Sprite Fink, also all the land including the vacated Ughway, Lake Shoie Drive, lyhi^ between the Noctheasierty line of said lot and the ihofe of Lake Minnetonka and between the Nocthwetteily and Soutfaeasterly lies of said Lot 18 extended Noitheaslerly to said lake shoie, and beiiy pan of Oovenment Lot 6. Section 20. Township 117 Nofth, Range 23 West of the 5th Principal Meridian, and also indicated on the plat of said Sp^ Park (heieinafter "the propeity”); and WHEREAS,i I -W \». *pplkant has applied to the City for variances to Munkipil Zooiiv Code Section 10.25, Sifodivision 6 (D) toji^ tte cooiouctioa of a new lesuence on aiea letiuiied of 21,780a property that is 16,748 square feet or half acre of lot width. I I' -• r • T M » ' r I M H t|li • le feet in area or 77% of width of the propeity is 55 feet or 55% of the reipiiied 100 feet NOW, T8 RE, BE IT RESOLVED by the City Council of Orono, isnta: FINDINGS 1. 2. This iqjplication was reviewed as Zcming File #1811 The property is located in the LR> 1C Single Family Lai District. « Residential Z n 11 Thepropeity was in conunonownefihip with contiguous Lots 16 an Park prior to 1967 through 1977. Lots 16 and 17 are now legaUy coo propeity is now in common ownership with Lot 19. 17. Sprhig dned. The Section 10.03. Subdivision 6 (A) (1) of the Municipal Zoning Code provides for development of lots of recoid held in separate ownership since prior to the effective date of the zoning regulation, provided a lot of record meets 80% of the required lot area and lot width and has municipal sewer available. Page 1 of 6 i —•— ■ -- ■..Mr.. i I >• t"- hc^ •i><.Hi'’’V r ♦ * ■ k- •'4 ii'- 5. 7. 9. Prior to Pff*«»hef 19,1983, the City Council alwtys required that when two or more lots were owned in common, each lot amt individually meet or exceed the lequiremenis of the Zonhif Code before any of the lots can be IwUt upon and that two or more wbctandaid lots owned in common must be combined so that the lesuhiiif combined lot meets the requirements of the Zoning Code before ‘ can be built upon. Upon coaq>letion of a 6 month City wide review of the common ownership issue, on December 19, 1983, the City approved a proposed amendment of the il code tint would permit all substandard undeveloped lots within the ihe City regardless of the ownership of these lots, the standards for review. The property b 16,748 square feet or 77% of the reqpiired area. ThepropeiQr is couistent in area with 7 other developed lots within a tottl developed neighborhood of 33 lots. The property measures 5.5 feet in lot width and is approximately 5 feet short of die fwmwen lots in the 33 lot Casco Cirde nelglibotliDod at 60 feet. The Orono Planning Commission reviewed this application on April 19,1993 and « of in nnmfaere recommended approval of the variances as propoaed based upon the following findings: lots are devdoped of ptoperQf. B. The property is served with sewer and water. C.lae and improvemeoa can be constructed without the need for dditkmal variai By granting diis varhmce diere will be no negative effect on the pul health, safety and welfere. E. F. By granting this variance it is consistent with die develofI n -*{ py »>it« wartanco ttoe should be no need for future hardcover and sedMck varii Fige2 of 6 .:W.I i J V 10. n. 12. H. 1 J. K. O. The special conditioiis applying to the paicel of land in q|u peculiar to such piopeity or immediately adjoining propeity. are The cooditioos do not apply generally to other land or structures in district in which said land is located . The granting of the applicatkm is necessary for the preservai ei^oymeot of a substantial proper ty right of the applicant. and The granting of the proposed variaiKes will health, safety, comfort, morals, or inaity intent of the Zooiiv Code. I,l| H lot in anyway impair respect be contrary to That the granting of such variances will not merely serve as a coov to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. This ^tplication is a renewal of variances granted on Fdmiary 27,1984, and the findiflis stated in that approval resohitioo (No. 1607) were acceptable at that thne and are still valid. The City CouncU finds that the cooditioas existing on this propeity are peculiar to it and do not apply generally to other property in this aooing district; that granting the variances would not adversety alfect traffic conditions, light, air nor pose a (Ire haard or other danger to neighboring propeffy; would not merely serve as a conve v^; ce to the applicant, but is necessary to alleviate a demon strable hardship or difficulty; is necessary to preaerve a substantial property right of the ityidicant; and would be in keqping widi the ^drit and intent of the Zoning Code and Compre hensive Plan of the City. 1The City CouncU has considered this application including the fmcungs n recommendatiooa of the Plannti« Commission, reports by City staff, comi by the applicant and the effect of the proposed variance oa the health, safety sod weUbte of the community. CONCLISIONS, ORDER AND CONDITIONS Based vpon the above findings, the Orono City Council herrity grants variances to Municipal Zoning Code Section 10.25, Subdivisioo 6 (B) to permit the construction of a new Page 3 of 6 •i-' m ■1^ '* u--. .m m r‘% r‘m f- h- K- ifk letkknce oo a property 16,748 square feet in arci or 77% off the lecpiiied 21,780 apiaie feet (1/2 acre) and wifli a lot width of 55 feet or 55% <rf die required 100 feet of lot width, subject 10 the fbUowina GonditkMU 1. 2. 3. 5. 7. 8 9. The dffsrb*** y«ge located widiin die righl-trf-way of Casco Circle is a e conformiQi structure and subject to all pertinent mmicipal ordinances for i '—stnictuies.•'It] I » (• , f I I M ». The only variances granted with this approval are lot area and lot width. No variances are granted.•. 11 - Apfdicant is hereby advised diat in property that an ftature inaprovememi and that a ftitute Council migr OS a vari Moving the deve naist meet die CUR move any iniDtoveiiMj • 1,11 Hi of this substandard standards of the code 0 the property that Applicant shaU pay the appropriate water unit charge aiMl at the time that the buildini permit is ismed. ' I '‘I*Bfees The property owner shin bear aU costs of conneciion 10 the municipal sewet^ waier, inrfc^*««g the instanation of new safes to serve the property, if req^M. • I'-l •.VAn Titf*"***"! must be panied in fevor of 3241 Casco Circle over the sewer line which lies within the subgect property. 3237 Casco Circle. Tte fjufnent area must be of sufficient sine to allow malnfen inoe of the sewer line. Side, street, and lakeshore A). fi cks ate approved per 1 I -f I 1 survey (Exhi As part of the normal buildiry permit procedure, applicani Shan provide a grad and drairuige plan for die property. . iM 'Aiiit¥**>^ g»w**d by this varianee run with the property not wididM but are permissive only and must be exercised by appUcstioo for a buil pffmit within out year of the date of Counctt approval, or diis variance wiU expire on that date (May 10, 1994). Page4of 6 mM H,.' ■U'ii m . ' ^ -.W • ■ ■ 10. Violition of or variance thill MiijM k. • I - M I I terminate any au liance widi any of the terms and oooditioiii oi this ite'a violation of the zoning code, shaU mmnatically iiy granted herein* and shall be punishabk as a miadeII II tv II. The undersigned apfdkant has read, understood and hereby agrees to me terms of this tesolulion and on behalf of himself, his heirs, successors and assigns, herdty agrees to the recording rtf dds tesohitioo in die Chain of Tide of die praperqr. Adopted by the Chy Council of the City of Orono, Mirmesoia at a regular held on the 24ih day of May, 1993. It --III ATTEST: M. HaUin. City Cleric Edward I. CaUahan, Ir., Mayor Property Owner (s) STATE OF MINNESOTA ) ) ** COUNTY (M’HENNEPIN ) The foregoiii hMitumenc wu acknowkdfed before me on dds 24di day of Miy, 1993 by Edward J. CaBahan, Jr. and Dorothy M. HaUin. Mayor and Ciflr Ctak of the Cl^ of Orono, a Mirmewna municipal corporation and said Chy. It •III II -^1 was ezecuied on bdiatf of Notary Mlic PageSofd •'1 :-*v M' .^K STATE OF MINNESOTA ) )». COUNTY OF HENNEPIN ) Ob dqrof , 199__before me a Notaiy Pifolfe witUnaadfor nMcouiiQr, penofMlty ^peaied penoa(f) deicribed in and wbo exi I I 'E M nfoim f I • u t ~ NOTARY PUBUC STATE OF MINNESOTA ) )st. COUNTY (MP HENNEPIN ) On tbit Pbbliewiiliiaandformid tel III dqrof y.pen 199 bMbre me a Nottiy £ iltyafipeaied act and deed. tiII • I t I M -f I and te « I I iwn 10 am to be die penon(t) deaoibed in and wlm egucmed wMfed that be (they) execme I I .V 'III NOTARY PUBUC Pagedof 6 uiy^i -/>---- m " V rrtm •• exhibit ^1./' [?*■- .■ X M>»bjr ctrtlfy Wi^** *•**''* U • Xhi^mnd r^rr* ■•nUiion olSf i^ty «f th-* boundarlM of uV^» ’ tiM iQooUon of tlMroon. and tho proyoood loc"ilo« «*» t propoood baUdine* It do«»a i«V P«r. port to show otbor iBproo*"""*" »*r onerooohMttia* ^tf©lEi!MEj TY dr 0«5Fl0 GOROOX R. COfFlR CO.* IRC* Sooloi Dito t o t X* * 40* 6-17-H3 Iron wnrkrr Murk S. C»8nb»rf .»K- Innd Sunroyort and PUnnoro Loiut Uko* Mlnaonoto #761 . . -V V F LEONARD. STREET AND OEINARO M«torc***Of4Ai A^.!$OCiAT«or« tVMi •k&r%i ffH*^ » t««f »« eo« •te«<4» —tymnuf. f«tlM T. itf«i« # MM JMM N §rM« • •*^##» • tvtiMfi WIMM MC«v wiM ti*SP«r».« «»«•*«• c n««<» % N*''«»Kn e»a« »«•% •<mMO " «•«* ^ w. ar«4* Ay&tEAM yMfflfV » f »««•• •Mflll f.MT §*¥*•• «f4.#* fiA»t 9 «cn k. klikk«M||« *«•# 4 • •• •§«#• ^ tMtfVOt* ftPM M SUfTF .t^OO •SO SOUT^ r rrn avucir NMNNCAPOUlS. MINNESOTA .SS402 ▼KkCPHONC «••li »ACS>MlLt 999 <•■’ April 26, 1993 6 t»no9 r;'' nsM»ti ^ wiyeyH** ^ mi iC ByE'M ^MtAAr R mv*'ACR M % #••«•%«* ■ c«%t mrnSmt* ,t m R*..&R • •<»••• • N%«%Rt2'* t«SAE ‘9 <*ibb'*y k AArry^ i.*Mr«Ai ••itc^ m9*fm p4€"^^ % %0%mm4k% CaAA^ ^ rn%mmk R*«a 9. %tm9%9rn tRA^ t *H-.f» NAT^«^ lARfA.* M»«RA*y iiAAa m A%kkRA%** •9f<*6 ** iip«*rrra CARC^tRV RtwAAi tnyfA* I *•#•«•*»• II mnc^ 9>RAk»^ KRykM %••#*« 4 RMIpt^k m •All RfRP* « n^9«^A •E«C m A ASt*<C«* *).**•««« tORAC9aA«« •A%A w ctCM.r* ««•« AWti A •‘WVtii. A«t»eR • »tf f>A«i#i *:vi’VR •« «un k A kAMfC'i ^AViCf tn«NA|9 • *«•*€ 6 jJk%9, 9 AOIFACT t«<R #«4A*i • kAtilA M9AR«%»AyvaA M9#Af A • rOAAA9 • 9t» •••« AA«mU#4 R • r^* 9A.» fir%#AfC« Mmmaa I ••#••99 6. •tMMl^9A -AAA. ktSAtV bt lAtyr ARav* •ARMb 9 pr« tu«»rv • tAtMiy •# €S«pMa f«yiWA^ • AA«««RR RtlAfAH* Rf»t« I i:vP F- 5?:^ ■ ■■'if' ' ^ ■‘i.'-' *'■ ■ J ->■*w 1 4 Vf: ■V' v-r f i*.''-s^V.. '■ ^!i?‘ '■ ■ w.te- % S !I rir r- ; N;. % Cn... wniTCA'6 ptMCCt WIAL NUWMA (612) 335«1S62 Kavin Staunton, laq. pophan Balk Sohnotorloh Kaufn 3300 Plpor Jaffray Towar 323 S. Ninth Straat Niimaapelia, Minnaaota SS403 Rat city of Oronoi Raquaat far Tarlanoa by Jack Raaiaa Daar Xavlns Cityvarianea alanly baeauaa alnllar varianeaa hava baan grantad in tna Sfi »5J'hJxS5J ^oAii^U^d.?taiw^iirSuSitNi by bllR rulaa froa granting tha raquastad varianea. ineloaad plaaaa find a copy of Nina. Rulaa * ®i*®’**®?*^**^J5s:5st“,2tt*??xiJrw S!.*:r"S:“U2n^ •ia ^4 ft* Tha lot aisa prepoaad by Nr. Ranian ia only 95 ft* and olaarly not in ceagilianoa with DNR ragulationa. X had a talaphona oonvaraation today with Tibor Minnaaota Attomay Oanaral'a Of flea. jte. SS ft. Vida lot in coanon ownarahip with an ,2la ba conaidarad aa a aaparata parcal of land ^or tta f^JfV^d affact or davalopa^nt. Aa you know, OMR rulaaJ^vmof lav and ara binding on tha city of Orono. orono, of oouraa. I' [:> ; V .1 •v.l \ * u ♦ I <i,20j:oo shoreland and floodplain management :________* I j ^____^5768Us«s D. River classes in waicr-orienied commercia'. dismcisRe- For- Trans- Agri- mote csted iliOQ cultural TribU' Urban tarySurface watcr-orientcd commercial ••Commercial planned unit development Public, semipublic Parks and historic sites Forest management E. River classes in general use distnets. Re- For- Trans- mote ested ilion c c c Agri cultural Tribu- Urban tary C Uses Commercial ••Commercial planned unit development Industrial ^ Public, semipuHic Extraciivc use . r r C C t-'- Parks and histone sites p p p p P P Forest management Mining of metallic p P P p P P minerals and peat “ •As accessory- to a residential nia^ncd''unu'devd^ involving •• Limited expansion u- allowed as a permitted use pro- Statutory Authority. s 105.^85 ^ Vi w iovf ^ 6120J300 ZONING PROVISIONS. shoreland and water surface Subpan 1. Purpose. To crowding, to prevent pollution of surface ano gr minimize flo^ dam* vide ample space on lots for sewage Yo^j^jnuin historic values of sigmficani ages, to maintain P’-oPc^. values to regulate lot size., plaeemem of structure., lots created after the 2a and 2b. and the foUo^F or exceed the dimensions presented in p ^v^cUing units than indicated A. Lots must not be occupied **7 JfX . ^^h dwelling unit densities in subpans 2a and 2b. T^l^oijvbca^^^ exceeding those in unit developments under part and approved as residential J uvcl of public waters can be u«d to Only land above must be met at both the meet lot area standards, and lot area dimensions m subpan “an ori" “ abic .0 .be u^opcay. bdivisioDS of duplexes, inplezes. and quads must ^so meet the foUo.rng standards. *-• - •* ...•n .• \. • •'X'*- 'a •. V I - • * 5769uary higl^'5%-stcms tl** one locati |triplex, or :< ! or exceed- } trols also J t the guest be create surface 2 ityasvit phy, goveniB menl oi toEan- from lo the lot becatnt lime, a are me flny US' evalua fUCOt • varism eontig requix ereda tnuati parcc and i for n« to pv subd .1 *. • t' ■«» A « , --a ; ’ i ' -. -5768 Tribu- 1 Ury C P C P Tribu tary C C C Cc p k’oh'iog isepro- eotial meet ing: cated shies gned )800. Bd to nary ipait vail* |E»«. 5769 SHOREL.4ND AND FLOODPL.AES .VLiNACEMENT 6120 J?00 nary high wa.cr if^el. °'‘“- _______ . building must have common sewage treatment and water systems that serve ail dwelling units in the building. , tiocVdng facilities for each lot must be centralized in one location and serve all dwelling units in the building. triplex, or quid diXpm««. “ C. One ^eSi cotmge may be allowed in local controls on lots meeting or exceeding the duplex dimensions presented in subpans 2a and 2b if the con trols also require all of the following standards to be met: (1) For lots exceeding the minimum lot dimensions of dupf*x lots theguest Mttage must be located within the smallest duplex-sized lot that could DC created including the principal dweUing unit. (2) A guest cottage must not cover more than 700 square feel of land surface and must not exceed 15 feet in height. (3) A guest cottage must be located or designed to reduce its visibii- ity as viewed from public waters and adjacent sborelands by vegetation, topogra phy, increased setbacks, color, or other means acceptable to the local unit of ^ovcniincQt^ assuming summer leaf-on conditions. P' record in the office of the county recorder on the date of enact ment of ICK^ shoreiand controls that do not meet the requirements of items A m c and subparts 2a and 2b may be allowed as building sites without variances from lot Size requirements provided the use is permitted in the zoning distnet the lot has been in separate ownership from abutting lands at ail times since it wcamc substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of the shoreiand controls are met. Necessary variances from setback requirements must be obtained before any U5.^ sewage treatment system, or building permits arc issued for ihe lots. In evaluating all the variances, boards of adjusimem shall consider sewage treat ment and water supply capabilities or constraints of the lots and shall deny the Yankees if adequate facilities cannot be provided. If, in a group of two or more contiguous lots under the sam*: ownership, any individual lot does not meet the requirements of items A to E and lubpans 2a and 2b, the lot must not be consid ered u a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equi^ one or more parcels of land, each meeting the requirements of items A lo E ana subpans 2a and 2b as much as possible. j.iOc<d $horejan^_CQj^£fl|3^jQa^LS£a.ui,niiiiiiiiiii ri si2e ^or Donconibrrning lots or impose incir restrictions on iheirdevelQDmem^ ^ fc. It allowed by local governments, lots intended as controUed accesses to pubbe waters or recreation areas for use by owners of nonriparian lots within subdivisions must meet or exceed the following standards: . (l).They must meet the width and size for residential lots, and be suitable for the intended uses of controlled access lots. If docking, mooring, or over-water storage of watcrcrjtft is to be allowed at a controlled access Jot, then the width of the lot must be increased by the percent of the requirement.', for riparian residential lots for each watercraft provided for by covenant beyond six, consistent with the follomng table: ControUed Access Lot Frontage Requirements Ratio of lake size to shore length (acrcs/mile) Less than 100 100-200 Required increase in frontage (percent) 25 20 ✓ bo Ua:*tO PQPHAM }IAIK MEMORANDUM. 3300 Piper Jeffrey Tovsr 222 South Ninth Street Minneapolis, Hinneiota S&402 (612) 333-4a0O VIA TELECOPY TO:Ron Moorse Jeanne Mabouth FROM: DATE; RE: Kevin P, Staunto May 4, 1993 Remien Variance Application Attached please find a copy of a letter end a section of the DNR Shoreland Regulations which were sent to me by Peter Bachman of the Leonard, Street & Deinard firm in Minneapolis. Mr. Bachman represents Warren and Christine Biellte. In his letter Mr. Bachman takes the position that the DNR Shoreline Regs prohibit the granting of a variance to Mr. Remien. I am in the process of reviewing these regulations and am planning on discussing the matter further with him at 4:00 this afternoon. Prior to that time, 1 would like to visit with you both to get your input on this matter. Please give me a call early this afternoon so that we can talk further. 481KPS i - i} r STATE OF PHONE SO. ^^DEPARTMENT OF NATURAL RESOURCES METRO WATERS - 1200 WARNER ROAD, ST. PAUL, >LN 5510.6^,^^ 772-7910 May 17, 1993 Ks. Jeanne Mabusth City of Orono p.O. Box 66 Crystal Bay, Minnesota 55323-0066 RE- APPLICATION #1811, C. JACK REMEIN (3237 CASCO CIRCLE), LOT ■ OF Dear Ms. Mabusth: same ownership. The DNR's model shoreland management ordinance (based on July 5, l5sV statewid. standards) specifies that lots of ^^e date of enactment of the local shoreland controls that do the minimum area and width requirements may be J® sites without variance provided; "the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in sewage treatment and setback requirements of this ordinance are met." (Section 6.1, A.) Section 6.1, C. in the DNR model further specifies that if, in a group of two or more contiguous lots under the same ovmership, any individual lot does not meet the area and width standards of the ordinance that the lot must not be considered as a of land for purposes of sale or development, but must be combined with the one or more contiguous lots so the meet the area and width requirements as much as possible. In Orono's Section 10.03, Subd. 6, A., 1., it states that a lot of record which is ... serviced by public sanitary sewer and which does not meet the requirements of this Zoning Chapter as to or width only, may be utilized for single family detached dwelling purposes without Council approval if the area measurements and width of, that lot area within eighty percent (80%) of the requirements of this Zoning Chapter. However, the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions theiaof so as to create a lot meeting the requirements of this Zoning Chapter. AN EQUAL OPP"-TUi'JlTY EMPLOYER Ms. Jeanne Mabusth May 17, 1993 Page 2 w« interpreted this provision rule”’i?could to neai. that if a coronon °«nership lot „ot meet be considered a separate buildable 1 ® » continuous lot underthe 80% rule it oust be coitOjined with coBunon ownership. ^°Vnt^width minimum still meet the DNRarea minimum and 100 foot lot width minimum chapter is standards, we feel this w. note that the city*s consistent with ^ v,© clarified by adopting languageintent in this provision could be ciarxziea y f more consistent with the DNR model. Therefore^ since ^^®®®^^iJ;®nce^speSifiw*^^ be combined reouirextient^ tne ciry e ^ a variance can be sL“i^!:Sv“ Thank you for tha opportunity to consent. Ploase contact »a at 772-7910. Sincerely, Ceil Strauss Area Hydrologist cc:Ed Pick, Shoreland Hydrologist Tom Zappia Pater Bachman City of Orono Shoreland File ..r- a . MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 19, 1993 ZONING FILE #1810 - CONT. Weckman stated to his knowledge there Is just block under this area. He said the apartment has its own access door to the exterior. He said this use has existed for many years. Recently the owners appi1ed for a permit to upgrade the aoartment, and it was determined they would need a conditional use permit. Bellows asked that this be referred to as a guest house, and clarified that they would not allow the renting of this area. She stated that assuming there are no footings under the breezeway, they can treat this area as a separate building, thereby allowing the independent exterior access. DeNero noted the residence was built in 1937 and is a landmark to the area. She stated the house has been restored and maintained that way. They only wish to upgrade the electrical and other safety features. It was moved by Bellows, seconded by Cohen, to recommend approval of AppIIcation #1810 Henry DeNero, 1245 6th Avenue North, approving a conditional use permit for a guest house use. Ayes 5, nays 0. (#10) #1811 C. JACK REMIEN, 3237 CASCO CIRCLE - VARIANCES - PUBLIC HEARING 7:50 - 8:25 P.M. The Affidavit of Pub Iication and Certificate of Mai Iing were noted. Mr. Remien was present. Weckman noted this is a variance request has been approved three times in the past. He noted the applicant wants to assure bulIdabiIity prior to selling. The preliminary plans appear to meet height and hardcover requirements. He reviewed previously approved hardships for this property, and noted the common ownership policy of the City. He stated many lots in the area are of similar size. He referred to one objection letter from the neighboring property owners and a letter submitted by Remien providing background InformatI on. Bellows read the letter from Remein. Warren and Christine Bielke expressed strong opposition. He stated the lot Is substandard, and there are issues that were not discussed with previous variance review. MINUTES OF THE ORONO PLANNING COMMISSION MEETING held APRIL 19. 1993 ZONING FILE #1811 -- CONT. Mrs. Blelke stated when P“|;|5®5%''|,ey®a['o^g°StjrRemien''opilsed had not yet been the parcel, the first variance --pppps *; P'^'°'^.J?orn2y presen^^^^ for She read a letter dealing with variance denial. She referred ^',°"f ^^’yand welfarl of the public. approval regar g prob’lem in this area should make the lotand suggested the erosion pi w oroblem and would be unbuildable as It added they did have theirdetrimental to the neighborhoo^d^.^^She^a^^ depreciate house listed felt thi' request does not meet theJ??t^?lrro%\ppVovarVndTugg:sLrihirrot be combined with Lot 1. Nisledlak, potential "°Ve'®and‘'wl??^o"“^^^^^^ :'rol I on* p'^rob lln^ He feUtPe* house he wou Id ^bu I I d w^ou I d^not ^ lower ^uppirt^e'BI eVkes*w?th%fa°n%?o’present to potential purchasers of their property. weckman reviewed that the ««««'’ =°7l®,‘=Va°'' is located within the boundary of Lot 18. ^ ^ 1 ♦ i« -5 *;* within the boundary of Lot 18, andMrs. Blelke stated it ' ® 3.5 w th m ^ added they were unaware A lug^CI ty 1^ that Lot 13 was property. She << \''®, sVler I I ne was placed within Itsunbuildable and that is why the sewer boundary. Mabusth disagreed, at lon^of %ha^ P^pe, and were owned In common at the ^' A®. Vo that is why It was placed on Lot is. Mrs. Bielke ^^^^hey ^December 1985 which states, tney would become buiI dab Ie . Sel lows indicated f VeTt*"h\rrTreTs*ed '*to'‘*den^**" ^ "r:dues? to their property. She felt ^ rd^ P^^ property has changed hands sever” Vim‘’eV'as’’rbu?ld;ble lot, and this request would not set a new precedent in Che neighborhood. a minutes of the orono planning commission meeting HELD APRIL 19, 1993 ZONING FILE #1811 - CONT. It was moved by Bellows, seconded by Cohen, to recommend approval of Application #1811 for C. Jack Remien, 3237 Casco Circle, approving lot area and width variances to construct a new residence. Johnson said he respects the position of all involved and could not support the request as he felt the property should be combined with Lot 19 as one condition for approval is that no additional land is available. Bellows felt that was an Incorrect Interpretation of the code. Mabusth noted the code specifically states that substandard whether in single separate or commonly owned, are to be judged on their own merits. The finding that no additional land Is available was validated during the variance review because at the time tne lot was not owned in common with adjacent lots. Peterson felt approval requires too many variances. Schroeder questioned why the neighbors did not buy the parcel. Mrs. Blelke stated they were unaware that It was for sale until too I ate. Jay and Gay Richards, 3243 Casco Circle, stated they were 9'^®” Impression that Remien purchased the parcel for use in conjunction with Lot 19. He said the only reason why the City variance In the past was because It had been taxed as bulldable, and an attorney owned it at the time and the City did not want to be brought into legal action. Bellows felt that issue was not pertinent. Vote: Ayes 3, nays 2. Johnson and Peterson voted nay. (#11) #1812 THOMAS PATRICK GOODYEAR, 712 TONKAWA ROAD VARIANCES - PUBLIC HEARING 8:40 - 9:05 P.M. The Affidavit of PubIication and Certificate of Mai Iing were noted. Mr. Goodyear was present. Mabusth reviewed the applicants request to add a second story to the existing residence, including the into the right side yard to square off ^,^®^ applicant also proposes alterations to the existing boat TO:Planning Commission Members Ron Moorse, City Administrator FROM: Stephen Weckman, On-Site Systems Manager DATE:April 15, 1993 SUBJECT: #1811 C. Jack Remien, 3237 Casco Circle - Variance Renewal - Public Hearing Zoning District LR-IC, Lakeshore Residential, 1/2 acre minimum. Pertinent Ordinance Section 10.03, Subd. 6(A) - Existing lots. Section 10.03, Subd. 6(A)1 - ”R" Districts of one acre or less with public sanitary sewer. A lot of record existing upon the effective date of this Zoning Chapter in any R District of the City J u;: .. and including one acre, which lot is serviced by public sanitary sewer and which does not meet the requirements of the Zoning Chapter as to area or width only, may be utili/.ed for single family detached dwelling purposes without Council approval if the area measurements and width of that lot are within 80% of the requirements of the Zoning Chapter. Section 10.25, Subd. 6(B) - Minimum lot requirements. 1. 2. l.ot area Required = 21,780 s.f. 80% area = 17,424 s.f. Existing = 16,748 s.f. or 77% Variance = 5,032 s.f or 23% Lot width Required - 100’ 80% widtli = 80’ Existing = 55’ Variance = 45’ or 45% '■*" C 'A Zoning File #1811 April 15. 1993 Page 2 List of Exhibits A - Application B - Property Owners List C - Plat Map D - Survey E - Resolution #1904 F - Front Elevation G - Bielke Letter Description of Request The applicant requests the renewal of lot area/lot width variances granted per Resolution #1607 (2/84), #1904 (1/86), and #2123 (3/87). Each of the variances expired at the end of one year before a building permit was issued. The applicant, C. Jack Remien, currently owns the subject property (Lot 18) as well as the neighboring property (Lot 19), where the applic^t resides. A potential buyer for this property who wishes to construct a residence would like assurance that the lot is buildable. Rough plans have recently been submitted for the proposed home and the potential buyer of the property will attend the Planning Commission meetmg if there are any questions. A preliminary review of the proposed residence has been completed by staff. No hardcover is proposed within 75 ’ of the lake and hardcover within the 75-250’ zone is at 24%, meeting the 25% hardcover requirement. Hardcover between 250-5(X)’ of the lake has 16.5% hardcover. Lot coverage is at 10% and the structures appear to meet the height requirements. Therefore, no additional variance would be required. This property. Lot 18, was orig nall> ...cd in common with the two lots to the north, Lots 16 and 17, which were not combined. As a result of the conunon ownership study, the City changed its policy on common ownership lots in sewered zones and based on the individual merits of Lot 18, the lot area and width variances were granted. The neighbors, Warren and Christine Bielke, who live adjacent to the subject property (Lots 16 and 17) believe the lot too small and the impact of building a residence too great and ask that the variance be denied. Enclosed as Exhibit G is a letter from them explaining their position. They have included a list of signatures of other neighbors who support the denial of the application. Zoning File ^1811 April 15, 1993 Page 3 Hardship Statement Please review the attached exhibits, Resolution #1904 and tlie staff memo of December 3, 1985. Staff finds the hardships and findings of these documents to remain valid. • >' s ;/ i . //V. CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100,00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 3237 CASCO CIPCLF r :r.i. JL / r TTV r*c f"ijn\irI f I U't UMSUIti/ nrrrrr r AMriMUA. I 1350200000 01 Q£H 175.0' CHECK Tltu.175.0 y£ fTVu-T_ ru.A;,v vnn ^2^3130 cool ROl Til 03/25 Property Identif. Number (P.I.P.) £0-117-23-43-0013 Attach legal description to application if not included on required survey. Date Property Acquired_ _ _ _ _ _ _ _ _ _ _ _(month/year) I (do)(do not) also own the adjacent parcels of land. Present use of property: _ _residential _ _other (specify) vacant/residentla Zoning District: Residential / single family APPLICANT Phone (home) 471-7297 Name C. Jack Remlen Phone (wor)c) 557~2300 Address: ^^35 Casco Circle City:Orono Zip:55391 •MHHI (if different than applicant) i>tno^r*TO Name Tr u (LiC__________ Phone (home) ~ Phone (wor)c)QlU> '“bO d Address: .S-I_ _ _ _ City: Zip:9'53S^ DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: Lot width variance so that new oimer mav build. VARIANCES REQUIRED Lot Area X Lot Width Setbaclc:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSBIP/DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements:___ This variance would be the same variance granted twice previously for previous owners. We request a variance to build a home on tne current Please^8ee^the^addendumto_jth^s_pa2*_3t^ached___for_jmore^jde£a^ls^ (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered ccaplete: 1. Completed Application Form 2. ^ Certified Property Owners List of owners within 150* (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3« Plat Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8*j"xll" for I reproduction). 5m\l A Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8Ji"xll"). 6JjU S)cetche8 or plans of floor 6 elevation views (provide 1 copy 8%"xll'*). 7. As an addendum to this applicationr please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that vonr variance awpllcation is not complete if the_ Information hae not been included. APPLICAIIT'S SIGHATURE The applicant hereby agrees tc provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the Information supplied is true and correct to the best of his/her knowledge. Applicant's Signature 3-^}rS2> OMimtS SICHkTOHB The owner hereby ackowledges and agrees to this application and further authorises reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification-jof rhis r/^qtfcest. Owner's Signature Date 3 Applicant must have all iubmittals into the City offices 25 days before the pXanning Cosimlssion 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 CosBlssion 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 t Zoning Office of this change prior to the meeting. * • ^ # / J 1 J i -> ia VARIANCE REQUEST FOR PROPERTY LOCATED AT 3237 CASCO CIRCLE •ubs#<|u#nt to purchooin^ th# property. The variance requested is for permission to build on the current 55 foot wide lot. There is no vacant property parcel. The building permit would be for a building that is in conformance with all other building requirements. 1. Front setback from road right of way will not be less than 30 feet. 2, Side yard setback on each side will not be less than 10 feet. high^Sate^°IIIark%i^o^neriLe°at‘'?he^^ghuLI^f?L°^eiS^ houses. 4 Hard cover, as defined by the city, will not exceed 25^ in the area between 75' and 250’ of the high water mark. 5. Hard cover beyond the 250* mark will not exceed 30% of that land area. 6. There will be no hard cover within 75' of the normal high water mark. 7. The total structural lot coverage, as defined by the city, will not exceed 15% of the total land area of the lot. The hardship remains the same as outlined in the previous variance approvals. The lot is narrower than current conforming lots, but tnis is a pre-existin condition, and other lots in the area are of similar width. There is not vacant land on either side, and there have not been tax abatement appeals on this prope.’ty by Mr. Remien. We respectfully ask the City of Orono to Grant this variance. 3^•93 HtmEPIN) w'dlMill MM f. TAMFAtW. 'lx NAMi/MMt;M tO*117-2S AS 0010 OSMS CASCO CM JAMS N RICHAROS A MFC JAMS N RICNAIIOS SMS CASCO CMCLCNAVZATA m sssn* < • i':•s OMMK MM TAMAVIII'. ■’ mm/utu r Si C0-117-SS AS OOlS OStSS CASCO CIS 0 N SOUStTN too SOILSCTH OI^VIO H SOILSCTH StSS CASCO CMCLC MYZATA MM SSS71 ■U\ >-^t>TAMAtM ,V*V ..^-,7 • fv* \ *> I if % SO C0-117>CS AS OOSO OSCAl CASCO CM N L OICLRC ten OICLRC MMCN A CMISTIM OICIKE StAl CASCO CM MYZATA m . BSSAl 1 *:n \ ^ ♦ ivv . • vr • •• i*'V.X' I- ':■ ' >• r;%': •Hr ■ •■ • *A?r»k ^ 1' '' ‘ i f : V. A*/ »'^r » * r V.-VCV-4 H 7•-f >■! rM ^• > f . I •‘ ** j > 'j♦■. r-* •? * • ’ '.L .h 3 ■ i i* r • •r ' ' >•>'■ ■'* . ^Vr'A;. •*i* * :>* ■'.A' ) •» COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OMERS LIST REPORT NO. PIAI5A01 PAGE 11SO 20-117*2S AS OOlS 0S2S7 CASCO CIR J E MRHS A R V MRTES C JACK A JAM REMIEN JR S2S5 CASCO CIR MYZATA m 5SS91 SO 20-117-2S AS OOIA 0S2S5 CASCO CIR CHARLES JOHN REMIEN JR CHARLES J0«<N REMIEN JR S2S5 CASCO CIR NAVZATA MN 55S91 SO 20*117*2S AS OOIA 0S2S1 CASCO CM J C COOPER A J E COOPER J E COOPER A J E COOPER S2S1 CASCO CM MYZATA MN SSSAl SO 20-117-2S AS OOSl OOOSO ADDRESS UNASSIGMO THE CASCO CO THE CASCO COMPANY ROOERT O MCNIE S1S5 CASCO CIR MYZATA MN 55S91 TOTAL BATCH OOA 00007 1 CERTIFY TMT TM TACTS REPRESENMO ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMTION AS IT APPEARS THIS DATE ON TM RECOROS OF TM MMCPIN COUNTY OEPARtMNf OF PROPERDT jMMTIONt TO TMV BEST OF HY KNOHLEOGE AND BELIEF f . 7: ■ •i ■1 •. / O 3 O i. . ,• Vi n!vN;:fvviSt;.’• • ■ •• • AlWm- '■’**V • "iV$1"•t*,« '•' •,Vi {•. \•Vt . ‘ .;.• N>. . V*• *1 '. vV ’I *»* •’t* • *1 • • .n:.Vll:•it‘ ‘^T • m ' V •If.;i. 1N \ % i. • • • 1 x'%\ s; CITY OF ORONO City of ORONO - ••• V ' U IRESOLUTipig CITY COUNCIL 1904 A RBSOLOTION GRANTING A VARIANCES TO HONICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) PILE #988 MBBRBAS, James E. Casco "circlethe S;ty"oroVono%?rll"nl£rer-"ci\°y“ legally described as follows: tot 18, spring park also all the l^and highway. Lake Shore Drive, Minnetonka and between theof said lot and the shore of Lake Minneton^^^^^ extended ssjfhrart^ji]; s.ori^ ■^p\V7e^a ’fu°/t°o7thrirh ^^Lc%f^'M^^^"af,“n^rd"fl‘s"oii.di”cPeS^ thl plat of said Spring Park, (hereinafter "property ”); and WHBRBAS. the applicant ha* sPPliea to th “t/ sr-oJiUKUS*"’. '• "■A'i'if; Lt. i- Minnesota: MON. IHBREFORB. BB it RBSOLVBD by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #988. 2. The property is located in the LR-IC Single Family takeshore Residential Zoning District. now legally combined.ilVwTVV ----------------------- 4. Section 1®-®^' ®'*hd^''^sion 6 <h)^J^jj°*ghhe^”“^tci^p Code provides for developi^n ,, ^^te of the zoning regula- ?rorprSv‘rd%'’lirorre‘5ord‘mirtt 804 ‘h® -guired lot area and lot width and has municipal sewer available. Page 1 of CITY OF ORONQy M iHis ORONO LUTION OF THE CITY COUNCIL tsio. 1904 _ _ __ 5. Prior to December 19, 1983, the City Council always required that when two or more lots were owned in common, each lot must individually meet or exceed the requirements of the Zoning Code before any of the lots can be built upon and that two or more substandard lots owned in common must be combined so that the resulting combined lot meets the rquirements of the Zoning Code before the lots can be built upon. 6. Upon completion of a 6 month City wide review of the common ownership issue, on December 19, 1963, the City approved a pro* posed amendment of the municipal code that would permit all substandard undeveloped lots within the sewered areas of the City regardless of the ownership of these lots, the same standards for review. 7. The property is 16,748 square feet or 77% of the required area. The property is consistent in area with 7 other developed lots within a total developed neighborhood of 33 lots. 8. The property measures 55 feet in lot width and is approxi* mately 5 feet short of the narrowest lots in the 33 lot Casco Circle neighborhood at 60 feet. 9. The Orono Planning Commission reviewed this application on November 18, 1985, and a majority of its members recommended approval of the variances as proposed based upon the following findings: A) No available land - lots are developed on both sides of property. B) The property is served with sewer and water. C) A house and improvements can be constructed without the need for additional variances. D) By granting this variance there will be no negative effect on the public health, safety and welfare. E) By granting this variance it is consistent with the development of the area. F) By granting this variance there should be no need for future hardcover and setback variances. G) The special conditions applying to the parcel of land in question are peculiar to such property or immediately ad joining property. Pace 2 of 6 I N CITY OF ORONQ Sfif ORONO RESOLUTION OF THE CITY COUNCIL NO. 1904 __________ - -n; The conditions do not apply generally to other land or structures in the district in which said land is located. I) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. J) The granting of the proposed variances will not in anyway impair the health safety^ comfort# morals# or in any other respect by contrary to the intent of the Zoning Code. K) That the granting of such variances will not merely serve as a convenience to the applicant# but is necessary to alleviate demonstrable hardship or difficulty. 10. This application is a renewal of variances granted on February 27# 1984# and the findings stated in that approval resolution (No. 1607) were acceptable at that time and are still valid. 11. The City Council has considered this application including the findings and recommendations of the Planning Commission# reports by City staff# comments by the owner and the effect of the proposed variances on the health# safety and welfare of the community. 12. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions# light# air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant# but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli cant; and would be in )ceeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. COHCLUSIONS# ORDER AND CONDITIONS Based upon the above findings# the Orono City Council hereby grants variances to the Municipal Zoning Code Section 10.25# Sub division 6 (B) to permit the construction of a new residence on a property 16#748 square feet in area or 77% of the required 21#780 square feet (1/2 acre) and with a lot width of 55 feet or 55% of the required 100 feet of lot width subject to the following conditions: !• The detached garage located within the right-of-way of Casco Circle is a non-conforming structure and subject to all pertinent municipal ordinances for non-conforming structures. Pace T of 6 CITY u OF ORONO EL V ■~-v' v’i^ VAi-Of OROINO RESOLUTION OF THE CITY COUNCIL NO. 1904 ______ 2. The only variances granted with this approval are lot area and lot width. No other variances are granted. 3. Applicant is hereby advised that in approving the development of this substandard property that all future improvements must meet the current standards of the code and that a future Council might not approve any improvement to the property that requires a variance. 4. Applicant shall pay the appropriate water unit charge, sewer connection fees, and park fee at the time that the building permit is issued. 5. The property owner shall bear all costs of connection to the municipal sewer and water, including the installation of new stubs to serve the property, if required. 6. Applicant is allowed to remove the one fallen willow tree at the lakeshore, but removal of the three standing willows is not approved at this time. 7. Side, street, and lakeshore setbacks are approved per the attached survey (Exhibit A). 8. Authorities granted by this variance run with the property not 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 (January 13, 1987). 9. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. 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 4 of 6 CITY OF ORONOD THIS ITEy*S BEOI^ MiCRorelty ^RONO RESOLUTION OF THE CITY COUNCIL NO. 1904_________ Adopted by the Orono City Council on this 13th day of Jamiary« 1986. othy M./^al\in; City Clerk Tim Adanj3»Acting Mayor J^^Property Owner.—p. 0 Page 5 of 6 1 CITY OF. ORONQ1 ORONO OLUTION OF THE CITY COUNCIL NO.1904 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ST- ) ss. On thisVK wH*o 3>/ _ _ _ _ _ day of before me a Notary Public within and tor said county# personally appeared ^ /Weer^_ _ _ _ _ _ _ !«><»»" “»« the person(s) descried in and who executed the foregoing instrumentr and acknowledged that he (they) executed the same as his (their) free act and deed. ■ //, /9&y MY COMMISSION EXPIRES STATE OP MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this a Nota day of 1986# before me PuSlic withinapd for said CouiTty, personally appeared __________ known to me to be the person (s ji^aes^ib^ in and who executed the ^regoing and acknowledged that he (they) executed the same as his (their) free act and deed. j ^ N icholas J'^ly notary PUBIIC-MIHNESOTA I HENNEPIN COL'NTY 2^: NOTARY ^ /i» MY COMMISSION EXPIRES Page 6 of € IW. If rown Liana »uryeyini6 Anc 501 Wes! TBm Sh««l iBioonwiqton. l£mesola S5420 <$12)881-004; MXXlilOWA •H0WHilL$ SURVEY FOR SUMMIT B tARC MlHJif TOWRActcv rtitT.fiiS SiO WClTl CCSCIIPTIC^ 8t IS, i*sJ U*Jt p«ft of voc«to4 Sftoro drive 1/1fV9 In lot II ptlie ojunc AOOmON, occor^liif Id tl« recoi’^^el 1^1 thereof, kmtpim COMfity,l!lert«»oU C«S0L. N>e. 'fig. br (91.5) Denotes Proposed Clevatvo B9.7 Denotes Eslstlnq Elevation Proposed Garage Floor Elevation* 92. Proposed Top of Block Elevation* 92. Proposed Basement Floor Elcvation*8< Proposed Walk out Elevation* 84.1 BENCHMARK: Spike In Power Pole at N.W. Cor. of Lot 18 • 100.00 Ncrr€ i A3 SHosAiN^ Docs f30 “T PCftrTAlfU TT> THC AAfliCO I hereby certify that this sketch plan or report was prepared by me or under my direct supervlsio and that 1 am a duly registered land surveyor under the laws of the State of Minnesota. 6«A k )TV^ /a > ^€SOlut -/da J # J2£ll . Date: March 4, 1985 Reg. No. Revised: January lO, 1986 15230 • 0 «-SS T/ST , . . . . . . . . .. . M sTiTc or tuiiiaoiA i I coQin or ixiitriv > Icm or ototo i I D«r«liif M. ■•lllA, City Clvrfi of tii« City •f Or«»«, i««««yin Coct.ty, Hisstaota. 4a karaiy eartlfy mat 1 aavt toayarai tli« r«f«falBC 'tapy «f a raaalattaa of tta City Caaaall of m* City of Oroao with th« ortgiaal raaor4 af auak raaolatlaa ta tha Mtaataa af tfta pracfttiaga af aai4 City Caaacll at iLOtatiat af aal4 City Cauacll hal4 a» wanuary U if aa4 that tfea aaaa la a traa ana iMrraat aapy a^ aaia raaa\utlaa waa 4«ly a4apta4 ky aal4 City CeoBBll at aal4 statiai. Vltaaaa Vaaraof, t Iiaa4 aai |^al tfeli (SEAL) i Afrii IX 1^3 K ITBOMcy jon 1'4 issai Circle TW praperT>o«9cr. Mr Baed pwiputy <1m til to ^wvaf |y rojttfifmg jyi I 3237 c % ? th Wf w r TMt pvpa tf (loi It) «» Ooii 16 md 17). wkidi m» mtm 2. llvUI-IC m 1967. imilliAim iw riq«rawtti fer ). Tlii Mi VIS wbM df fhan bti 16 md 17 m 1977 C la 190« Mt wWtMl •err 5 Sfdmqmady, Mr Kmitm the prof»city mforaicd Mt artghMirs thal Mi was twofold; lo keep from Mnkb«i« oa laxL smI to put sn idJiiio« lui cancBi Mane 6i Now Mf. fUnca wMe« to lell boA Ms ctifT«i ttooie on kN 16 wd loi IB as icpisfaiei fMroeb and leave At nctglifcorliood It is om ftqmst Aai the onmi i^to^icatioa tor ka widA^ area vanaocct bi dested for the following I. Lot Ii is nbstantiany sobmndard to the re»juifenl«»ts of LR-IC. The 55 foot ka width is far below the 100 foot wi«hh requjrcmeat of LR-IC. In odJitiem, il is not consistent with even the narrowest lott in the neighborhood, being nearly 10% nwTower than any others. The area is caily 77% of the rcmnied half acre »i/e. 2. Increased h^dcover on this pamcular lot winild exacerbate an already senous crosicffl problem that is occurmg on lots 14, 15, lb. 17. and 18. In particular, we would encowage the Planning CotruTiission lo examine the hillside erosion problcni that is very evident or. the north side ot .Mr. Rcinicn's property. o jWk„ i 4 T10M M •• liiyiit hit m J^Jt A ^ ^ J CmnI «d Ktclwrii' i' k 5UJ * (cdkii. SHK Caxsq ctiujt ■k \xi7 C4^r* C»^ctf. 7/t4 €a*3§^ C^Mi^ ^fjT CCa Aj ^^ 4?- S/C/^<^A*ei diU^jU^ . , , J>>‘f C- C4<it-ayP^iXu-w.-^ E'S' ■ i on such a substandard piece of land t as well as the neighborhood in general.ion for compromising zoning standards to tin for Mr. Reniien. dmmission to not just reissue these t the situation and the neighborhood impact, emien and the neighborhood could be found ILuLmJ 2^^'J 0<x^ci>C\rcl< Richards vanances: £2Z< CA%j^ CtiUu£ ll\CA$C4/ 3/ 9^ CT/U'^^/fr ^LyUjUj % 3 9- a-f- C ‘ SC'O if'v■ ,"»T r» • ~ . \' I% k . t • •/j r • ♦' *!\j, 11* ' \ \' ^ *.» •« •• '>■,: ?f V - I ' A •I'S% % •' C»TY [• OF ORONOD City of ORONO RESOLUTION OR THE CITY COUNCIL NO.1607 t t ' f i , TOHTNG'WOS SBCTION8 34«SS2 CRANTXIIC VARXMlCtS ;TO - riLI 761 t*c~ i > r . SrSJi "L'.VrtT. -''ruy-i «n« u^.uy d.«rib.d .. I.llows. Lor. ,K. Sp, io, P.tl.. .1.0 .11 th. l.nd Ki.bKu.«.d L/kko Shore Drive, lying between the Northeasterly J M lor ood tho shoreo* ^ "‘""“""t* •"S,'^r*T2the Northwesterly end Soatheasterly lines of said Lot 18 “t.ndod Mortho.»to. ly to »*' V*** !2r^^*S«Vh « Oov.rn«ont Lot «. Section ?», V. West of the sth Principal Meridian, and also ?Srp?.t of ..id sprin? Po... Oi.rcft.t -prop.rty); and Whereas the .ippi leant has applied to the City for variances r ;:i!irni.“o;‘i-p^:;^H SHH't Sn ESSls:the nlnlmum area fV/Jf *JJ ' '1«8 feet of lot width of the property Is S'i feet or or ine resuwir width. NOW. Therefore Be It Resolved by the City Council of Orono. FINDINGS 1. This .ippl Icitlon was reviewed as zoning file No, 761, •>. The property is located In the LR-IC Single Family Lakeshore Residential Zoning District. 1 The oroperty was in common ownership with 5®^9«o“* ;t.T^ .^.d'”?.', s'prlno port prior « the appllc.int purch.ased the property. Lots 16 and IT ar now leq.aliy combined. r. socMo., .1.2.2 of the "unlPlPPl 7r,i"p ’„VtVoSi;«lStJ•?;rp^rorrTU’i provided .a lot of record meets Rfll of the req and lot width. The City Cotincll has ^.«>re lots arc owned In common, eacn lot must Minnesota; »1 ^y-*#4L • ‘^I'T)? 1^ *' * • * ' • * * • A'^ * •/•!"* V^ * * ^!City of ORQNOt)F • ORONO RESOLUTION OP THE aTY COUNCILNa_ififii.—. mK*i-*»T •"» y* 'M•V i.'A » , • ' • - ... 1 r.rf 1* - .Uy.- »nin9'Cod* b«Cor« :* •^y ii|Wi!Sttit«i that two or aoro nod oo that >.h»> resulting comhinfd lr>t moeta tho roqulromonts of tho Zoning Codo bofnr# the lots c«n be built upon. <. Upon completion of a «• month City wide review of the commc ownernhtp Issue, on Oecember 19, 19^.‘l, the City approved a proposed amendment of tho municipal code that wouid permit all substandard undeveloped lots within the sewered areas of the City regardless of the ownership of these lets, the same standards for rsvlew. 7. The property Is 1«,74R square feet or 77% of the required area. The property Is consistent in area with 7 other developed lots within a total developed neighborhood of 11 lots. s. The property measures 55 feet in lot width and is approximately 5 feet short of the narrowest lots In tho .13 lot Casco Circlo neighborhood at 50 feet. 9. The Orono Planning Commission reviewed thia application on October 14, 1983, and a majority of its members recommended approval of the variances as propoaed based upon the following findings: a) No available land - lots are developed on both sides of property. b) The property Is served with sewef and water. c) Tite proposed house and improvements can be constructed without the need for additional variances. d) Applicant purchased property not Knowing the existing ordinance limitations on development of the property. e) Variance is being granted despite the current ordinance demands because Planning Commission anticloites resolu- tlon anti amendment of tiie ordinance. fi By granting this variance there will be no negative •(fret on the public health, safety and welfare. gi hy nroniing this varlanee It is consistent with the ipn^n f t rhr .itrsy. . -4‘ CItyofOROIVOmtOiUTION OFTNiaTVeOlMCII.•'" "z 3^-'• ^ “''44 .• r^’ii iM^wiilHPHi^M''iMiibln«d M that^' emblned knt «««ts th« raquirmants of th« :nre the iota e^n be built upon* JrlT.C tlen of a 4 iMfith City wide review eC the Ip Issue, on Ooeenber/19« 199.1, the City osed anendaent ef the Municipal code that 1 substandard undeveloped lota within the f the City reqardleas of the omershlp of same standards for review. ;y Is ia,74R square feet or 77% of the The property !s consistent In area with 7 lots within a total Jeveleped neighborhood y measures feet fn lot width and is feet short of the narrowest lets in the 33 >* neighborhood at 90 feet. Planning Commission reviewed this October 14, 1983, and a majority of Its ided approval of the variances as proposed Eollowing findlnqsr land - lots are developed on both sides of is served with sewer and water. ouse and Improvements can be constructed for additional variances. hised property net knowing the erlstlng Lions on development of the property. ng granted despite the current ordinance Planning Commission anticipates resolu- it of the ordinance. his variance there will be no negative >ile health, safety and trelfare. hir. vartanoe It is consistent with the e area. -lb A.&.S;v;►a •r** riXi'-•f r.^e...Jrrt'I•&V wmif *• ».• a.a*.- * • j •- V't • o ii I % •«.r r«t*v vr »»•CUyorpRONOfSe* * • $•* ( «. . S. * < OhI *.v ' . ^MWiwnoN.MVMieiTveeiMaLno..JSia a t.• »%-> eVdiI * K ' ., f - ViO n rt ' V‘-Vv> Fj.> •_< uld be no nood for i> The special conditions applying to the structure of land in question are peculiar to such preparty ei Immadlataly adjoining property. • r ,- i -i j) The conditions do not apply ganarally to other land e. structures in the district In which said land Is locstad. k) The granting of the application Is necessary for the preservation and enjoyment of a substantial property right of the applicant. 1) The granting of the proposed variances will net in anyway impair the health, safety, comfort, morals, or In any ether respect be contrary to the intent of the Zoning Cede. m) That the granting of such variances will net merely serve as a convenience to the applieent, but is necessary to alleviate demonstrable hardship or difficulty. 18. The minority opinion of the Planning Commission in their recommendation stated tha*- .ney would hsve no problem in recommer'*approval of the proposed variance application * common ownership issue was resolved by the City ar ' ' necessary amendment of the ordinance approved. 11. The City Council has considered this application including the findings and recommendations of the Planning Commission, repor ts by Cl ty staff , comments by the owner end the effect of the proposed variance o.n the health, safety and welfare of the community. 1?. The Ci ty Coune11 f inds that the eonditioni* existing on this property are pccul tar to i t and do not aoply generally to other property in thin zoning district: that granting the variances would not adversely effect traffic conditions, light, air nor pose a fire h.izard or ether danger to neighboring property} would not merely serve as a convenience to the owr«*r, but ts necessary to alleviate a demonstrable hard<:bip or difficulty} Is necessary to preserve a siibntantl.ai property right of the owner} and would be in keeping with the spirit and intent of the zoning code and conpi chensiv*» plan of the City. A.. V ' *■ l4 11 ’ • '-»>■; )N<j City of OROIVO MMUinOM OfTNtCITVeOUNat Na nor 4 , ' ’^’5- " • ■ r I ^ Af , ' • f • Ti •• : „ _ , Jicll'h«r«by qrAnts ^ Ohto pormU the roiiotfjr* ion -»t o ri#w renirixnco an a property i<«74» square feet in area or ’’”1 of the required 2i ,■»»« aqu.ite feet f 1/2 acre) and with a let width of 55 feet or 55% of the required rto feet of lot width sublect to the followlna conditions: 1. The dft ichcrt qaraqe loc.ited within the rlqht of way of C:isco Circle Is .i nonconforminq structure and subject to all pertinent municipal ord'nancea for onconforminoSt; uctu:eh, ?. No other variance*: .irc granted or permitted for this str uctiire. ?. Applicant l.s hereby advised th.it in approving the development .if th*s substandard property that all future improvements munt meet the current .standards of tho code and that a future Council may not approve any Improvement to the property that requires a variance. 4, Authorities granted hy this variance run with the property not with the owner, but are permissive only and must be esercised by application for a building permit within y^nr of tho d^to of Council npprovol or this variance will explr** on that date (February 27, 19t$) • A, Violation of or nonenmpi lance with any r* the terms and conditionsof this variance shall wunstltute a vloi.^tSen of the r code, shall autoaatlcally terminate any i». -ilty g» *nted herein, and shall be punishable as a nlsdemcanof, A. The un *er51«<wner ha. *ead, understood and horeby aqrees to the terms of this rt olutlon and on behalf of hlnseii, his heirs, suceensors a d assigns, hereby agrees to the recording of this resolution in the chain of title of the property. A i * •»m V ,» .. /•^P^^ORONO il-' :■•: •■ W/. > r Cw»iwl ,ib.“•*5# V^PPfl• ► • % • * Im #*•!*#%<mI Iu> 'iMtm* •!.• OHW^ ’ f»•< V ♦» « irU|iHMwir»;.i%: fiMtins 2/a7/t4 NbtiM OMce a/a»/tf •'* *• r « * *# SnJ‘SJ^4S2i. ;.;5^ XXX Variance ~ CMwIltldnal Uac Panit SuMlvislen, Pralteiniry SubdtvUlen. Final Gaplaa to m ^MCILACTIOX Vote: 4 ^%»r Acainst - -Abttentlon to apprp^ youriSt area lot width ;j;7ianca anpUcatipn aubjoct^ tlw findin9a and eonditxoia actforth In the attached raaolution. Note Item (3) ot the findings fme been amended aa requcated by Council by Midina "Lota 14 and 17 arc n^w legally comWneo*. X hava ***^^®^^ tor tho nc.---..arY l»U«W M».t tlw tiVMtunt «r» i»otaHtc<ll. pleano rvtvrn «H thr— r»iol»tlon» tor tlw City Clork to coaiplete. DEADLINE DATE for swhmlrtal of nr** lnform.itIon (opplleatlc.i laay bo .> formally wlthdr.ium If Informtien or explanat.on li not provided). for Work Pernit application for work to begin for uork to be eomploced WORK PERMITS ARE REQUIRED - contact Building Inapector before beginnin,! vof Ic VARIANCE APPROVAL is limited to the extent thown on approved plana. Do rot ch.anxc plmii. Vir».«ncr .v.jthnrity c^!|>ircs one year after approval. OONDITIONAI. USE APPHWAL cxplrt s upon change of ownership or ute, or on deadline d.icc specified above. PRELIMIUARV SUr.niVfSfON APPRm’AL - Applicant must provide all information and/or improvonen? s rf/iulrr/J for final approval. Contact Zon.ng fn*iun*l.su A!TK0VM. • Applicant must have and oil oth*r rrqttircil tlocui-w'ois rreordrd, witii certification of am. ri-corrliar rnturnfU to tin* Ci\" hy deadline date._ _ _ _ _ _ _ _i~* i*.- - J I .1 M -'3 V? ♦<r I ••<•. ..> • 5. • » *- -**'3^ir ^f N«lt«r H. BMiaoii# City Maiaistratac A ‘idi-sH; •^'4*kv>.<r^.c- -M ft •.;«>;.•• .V .4 T^CMoe Cirel* - varianea - H • 1* KVi’: At your llovawbar li» 1M3 ■aatiftfl# Council diractad atafi to auboit tha lioofeiiowin^ informationt w^tar nor ae%iar atub eonnaetlon* 1. 3.Ilia original owners NcNaal, had paid off that mortgaga in Daear' smith in H77. Tuthill placad mortgage on all thraa lota* fUthiil lt73. Lot II aaa aold to Doug17 in 11now mortgaga on Lota II f7f. 3.Both lUthill and Smith hava navar •Sj^STK'S'SSt^fSJ*on noithar Tuthill *a part for Lota ll» 17 A IS nor on Smith a part for Lot II* 4. S. thoro ia no record of a latter on fila from Smith in regard to t^_ buildability of Lot lli only hia coMnt ®" ?i7?JoI*tha^application that ho purchaaad tha lot from Tutbill in 1177 for tha purpoaa of constructing a future homo* If Council aishoa to pursue the claim of the applicant^yiat^at^lai^^ variances have been granted by the City* iMy f2taltS^*^^tha meeting of January *, If 14. Ihe inforytiw was yt su^tyd applicant after the November 14, 19S3 meeting, nor did staff pursu* the followup response. X am sura the Sil^fiii^rSSida^tha^these eases at your meeting and staff would *».^i*j;/I2ad background information if the subject applications ware acted on within the last seven years. follcwst Area - Lot It - lt,74i sq. ft. or 77t Width- Lot IS - 55 • or 55» Ceo point nrna - ZM „c. r«|«ir«l . ,-v- tS», *C . iW • • • • *A_ ^ » . 'H Is i * *V - * ■ > *1 ff7il Oou9laa saUth January 3# 1914 rmqm 2 tK- tr * I •| Caaco Cirela nal^liiiorhood Vatal davalopad lota - J3 or loot • aro witlila OOt-tOl of aroa ^5 ®>f ovor ffiinlaua lot aroa7 lota or 31.St aro within OOt-lOOt of roquirod lot aroa 1 lot or ,1% within 40t*t0t of roquirod lot aroa Oeviaw tho width of 14 devclopwU lota that ourround Lot 10 - •nelOBod.ooo plat Mp • r«t IS - 55* or 551 8 lota or 57% aatiafy width rcquiiamonta of soninq district 1 lot or 7t within 80t«100t of lot width roquirod 5 lots or 3«t within 60t-80l of lot width roquirod lota within the 14 lot sample worn under OOt of lot width roquironent. of the Planninq Commission membora, staff has drafted a roeoanendatlon of varia^ approval for your review. A copy of this memo and resolution Will be sent to tho applicant for his review and conaonts prior to tho January 9, 1984 meeting. I a*l The City Attorney shCMid advise if the City is able to act formally on the Mith application until the ordinance is officially amended by the March 1* 1984 rccodification deadline. i .P»vr-*tf-'’' ■ • ■ •• . . . -. . .. T ■ ,. • ■ ■•■ »e .. - > i f i'- i ^ r •1^ I- -# \ set SMtCT CAR « eALSAM S«»J CLI MAR. ELM MAP MAPI E 20 ’ PERMAI m CEMO tl9 % • ••..ONER ee lH’30T|j £ MAPLE I AAPLE 2-12 EVERGRECN •••• LoT If J««« «l#y- . m • • • ^# r-^, . ^_•s‘ \>y I ( ' " ^ii ^ ^ ’ - . "ri ^-'.’ '<V3^ ^ ,1 oo«X . .ClTYof OROX1^ <HPi#Jfci< HI»V^IMi<rf »WWM<Mirtp<t UWkf 473>7X%7 • r’ . ' *• • r ;itnrrjf- -Control No.^•l 4 .'l^ I % . .; ♦- . bouolao H. SPiith 3203 Eoot Colhoun Parkway 7Mlnnoaeolia« MN 55400 « Coplaa to U Richard Tuthlll iJ«.Ktt ‘»»-£5«^. HtocinR Dote •11~14*03 , ^ . . Notice Dot# H-lS»t3 « Variance • Condltidnal Uaa Ponalt Subdivtaion. PrellMlnory;^ -___ Subdivision. Finsl ' X , . -tic,r 1 o4 ••*’ WJJ 4a- m < * oVoooooodiookM MMon untiiTblM'^9oiioory TWtl ai^^ft^V^r application subject to revis^ u wish aotieo eo ynor varianfio applino* tion prior to January 9th please adviao the City in vritine before the Cowell t%r tt^^maA^r 2Sth. In anv ease, the City requests.a written went of your poaition in regard to this suitter prior to the Novonber 20th Council seating. _ _ _ _ _ . ‘ Council h>8 asked that you submit the following information with tl ' “-“uthiH--Lo eomeletv the review of epplieatien noi ?0li -' ■■ 1. History of ownership of property since 1967 ice of 2, How had the prooerty been morteaqed during the year of Nr. Tuthiil's ownerahip? was'lot 19 ever included in the awrtgaqe of the property? 4. 3. Ilaa the property ever been involved in a tax abatement proceedings? Plesse esM my office if you have any quest ions •e#e**iv*T»>»v>***-.v?v*-.v*-.ir»v.y.vtv-.irivvs".v*iSr^'?**->*»v->**.v**.K.-*-.v^iysftft*s s a sAss**sa*t aasAssaasdasaasaasoe ^ •*l DE/\DLINE Mir ___________________________________________________ - ___ for sul«mlttal of new In forma cion (application fniy be considered formslly withdraw if information or explanation is not provided). for Work Pernit appl icacio't for work to begin for «n>rk to be completed WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL Is Urn:tad to the extent show on approved plans. Do not change plans. Vorianco authority expires one year after approval. CONDITIONAL USE APPROVAL expires upon change of ownership or use. or on deadline date specified above. PRELIMINARY SL»BDIVISI0N APPROVAL - Applicant must provide all information and/or improvements required for final approval. Contact Zoning Administrator. FINAL SUnDTVISION APPROVAL • Applicant must have drawings, rssolution and all other required documents recorded, with certification of such recording returned to th« City by deadline date. Certified cople.s of official City Council Minutes may be obtained by contacting the City Clerk. Allow at least three weeks from meeting date. :f^ifm*f^iB^!tm»'^ ypifffw^i (»iBaiiteti^^OSfO \,,.>1 ; it^i4^'- .V^V'.ControlmiWxIOHW •'.i •' :;*:. ... y .: . ■ol /iio.,ri'J2SL' ^ ••'.'5?n.-r;.;^#47ST3M* M- 5 *I % '* i;k* V^'Wri.;;. B.tW.xix.t4-ty' '■'■~?a^f ^*Vr >N*;'\>yHptiec JIat* .-. S*'# * r* •* •^ 4 a%i %e -VarianceCbnditldnal Use Panalt Subdlvtaton. Prelialni^'^^ Subdivision, Final.-. ,Bread > V *4 *V/% .-♦. ‘_ _ _ _ itanCionESar^ti^^^^SSSSny f, 1M4 counell iMOting at_BM^nbyovr'application aiihjoet to rovlo^ ^i lu wAab aotlo B o a yo ur, uardanca sppl tns*t^'-'r^'r '-7/^. Iso advise tho City in writino before the Council i«v ea«e> the Cltv reaueeta a written *^b**y^*^^*7^I to this wetter prior to the Neveaber 2Sth Council , lit the follovino information with the assistance of latien noi Tdli of property since 1967 been mortaaqed durin? the year of Nr. Tuthill'e 18 ever included in the mortgage of the property? been Involved in a tax abateswnt proceedinosF VC any questions. • V information (application may be considered f information or explanation Is not provided). for work to begin for work to be completed - contact Building Inspector before beginning rad to the extent shewn on approved plans. Lance authority expires one year after approval, expires upon change of ownership or use, ried above. 'FROVAL - Applicant must provide all infonnatien ‘ed for final approval. Contact Zoning > - Applicant must have drawings, resolution uments recorded, with certification of such City by deadline date. al City Council ilinutes may be obtalne<^ by Allow at least three weeks from meeting date. i- Council tias" *asko<i th«t rou tubmit tho follow.ds inSoemetlon with the assistance of Hr Tuthill to comoloto tho rovlow oA aoelicatlon no. 701II li .■ wife tPOf. frem Dean HcNoal,fW'' hae tii» ororortf boon mortsasod during tho voar of tho Tuthtn^o ownorshir,? Was lot 18 ovor includod In tho mortsaso of tho rrorortv'^ f*'>'-»’taso of HcNoo* raid off 12/73. Hortsaso covorod lots I • 17, t( 18. Horts«So riacod on rrorortr bv Tuthill, June leTV-^on lots lb t 17 - not on lot 18. Lot 13 sold to OouS Smith Arrll 1V77. Has tho rrorortt ovor boon involvod in a tax abatostontrrocoodtnss Tax abatomont rrocoodinss novor star tod br Tuthill. Do not know about Oous Smith. X Vi:_CLAwV'if I .... I' ULb > J. .• N # y V-.J v:»m V ‘X. ox y V.^ .N* \ 0^ V iS ( L -o :(£^i^(tv>y? ,1 j b« nFc • I utr S-) f.\ri I I I CITY OF c:;i;i . ■ ... , 7 * f I .'.Os .A.l .. . lx‘\. .<*; .4,1,—^.A.a ...I ■pJr' ::; ' • .' V.« ' ■ *^ • K • ' l * 5 TT^ f. r, •^1* ‘ I 1 •V.*»•^ .y'r,.* M'',•*•• .\r.'/ •! ♦ * •*“. • . • « « i*• -.i; ■ '. ".. ;• /-;• V ’• • $ *% TOt FROHi Walter R. Boneon, City Ad»ln4atrator Jeanne A. Mabueth, toning Ad»iniatrator DATC4 SUOJE! * I* ^STgV.s : 3237 Caaco Circle - Variance tonlnq Olatrlct - LR-IC Application! Lot area Required Required Existinq Variance Variance 21,780 aq. Ct. (lOOt required) 17,424 «q. ft. <80» required) ^5*032 aq’ ft! or 23« HOOt required) *’2” S: It- 2r J.»« OO* required! Lot width Required ' Required Exiatinq Variance Variance 100* (100% required) 80* (60% requited) S5 *45* or 45% (100% required) 25* or 31% (80% required) i.tidt of Exhibita Exhibit A Exhibit D Exhibit C Exhibit 0 Exhibit E Exhibit P exhibit G Exhibit II Exhibit I Exhibit J Exhibit K Exhibit L Exhibit H Exhibit N Exhibit O - Application - Plat Map- Property Owners Liat - zontne'eode rotereneo - . 5! tethlll letter - a«Jy «. »•> . 0. Settb letter - : J5StJq~Xi:iitJSit;rMt.r^ j«^«t «. - zenlnq Adelnletretor'e letter *«9»Jt J • : jjrs??s«|| - **' *»“ - Survey of Lota 16» 17» • a* - Site Plan - Lot 18 Building elevations 1983 1983 . V EXIUDl^ W - - - - - - VMTiMC* Hr. smith*. appUM-.ion •sMff'JSJkJd'elth ^WUC^*' application for a single, «n*tho application. In reviow o£^*** 1S2S2rwilS.22S"rtii"eJ?uc»”i5J^“.~r:h5'14u2«^^£srJ ‘t!::‘iiJ--“ StJKi'iri;?yN««s? .*.«. i^.* I ■A ■n p^:;^ ■ - -r "V:;v-^#1761 - Doiiqla* H. Smith Novembor 10« 19S3 Page 2 Lot 18 is still maintained as part of the Tuthill yard. aaraae once used by the main house is located on Lot 18, Both the aDolicant and Tuthill claim they knew nothing of the limitations of ?KSi?3iiaJ?^ Remember, the ordinance haa been in effect since 1967. Tuthill purchased all three lota in 1971. t^cv V'juid i>rc>ter t.ibln-.i th>- apuJxcation until the study is completed. 1 should add, this was convoyed to the applicant's contractor at Mrnf review mectim in July. Since that first meeting, ® h.« h.d contact with the C^Ly asking for action on the application, toth cants. Oouo Smith and tho Richard Tuthi1Is,were present at the Planning rjrtf:*'I H.'i ion m<ietinq in October, review exhibit M. The Tuthill house is located 11.6* I have no confirmation as to the setback of the residence 19, although, the owner has stated the house is approximately 6 feet from the shtirod lot line. Review the lot survey of the Casco Circle neigh^rhood. The lot appears to bo 5' loss in width than ->thor comparable lots on the Circle. Tha applicant has provided a site plan showing the proposed residence meeting all setback and hardcover standards;, I would suggest that Council once again ask applicant if he “^hTn ;,0 of the h^plientton until the •* ""T" Btudy^is completed. If not, you must act Giving conceptual direction to staff to draft the necessary icsolution. First, do you have enough information to act? For ‘ , area of Lots 16 & 17? Would a lot line rearrangement be feasible? Is this lot consistent with the pattern of the surrounding developed lots? Sewer and water are available. Lot 18 never received a unit charge, only a footnqo charge. rr council acts to approve the Smith majority opinion (4-21 of fhe PI.inning commission as follows. to aoDrovr* a lot area variance (100% standards of ^ and lot width variance (100» standard) of 45>* ^ 5®“^ 3237 cSaco permit construction of a new residence on a property located at 3237 CaJCO Circ^. based on the foliowint? findings: • - * S•761 - Douglas H. Smith Ncverabor 10, 1903 Page 3 ' ‘1. NO ovanoble land - lo‘» dovolopod on both aidoo r» L • I- yi nt f 4 . 2a S*w«r and water ara available U’t • '<i .Vi'^te^iita'to' ba'eonatrooW without noad for additional» -m'.' ^ p.„pcttv'h"t khowin, tho ordinance Uoitationa on dcvelopncnt of I-ot 18 5. varlnn.-a bolnq granted deapite the conrnon ownorahip iaauo a. DV arartlnothia variance, there will be no negative effect on the public health, safety and welfare 7. By crantinq this variance, it ia conaiatent with the development of the area By granting thla variance, there should be no need for future hardcover and setback variances 11. The conditions do not apply generally to other land or structures in the district and which said land is located intent of the zoning code 14. That the granting of such lemonatrabl*convenience to the applicant, but is necessary hardship or difficulty If council cannot act to recommend approval, you have two alternatives of action: 1. Adopt minority opinion Smith*for*^a™lot*hold^in common ownership variance application of Doug Smith 7BO 90. ft. or 100% inthat IS 5.032 sq. ft. or 23% ‘^"^er required 21.780 sq. t. area and 45 feet or 45% under required 100 or loui m on the following findings; m«•?*'■*f' ■k ,.:• • •; 7,- :;.r:-i-..-v.,J•; ..‘J-".^->v. ->• '..«*>•' •' . . , ^ ... ’-^tV >''>.• .-ly.- -HV/ ' r^** ^ .. ' • r \ *’I\;-\ ' 4 #*<Hr•■y-t’1161 - 0®“?^*?983 l4ovonber 10» 198 Jpage 4 rK > ^f ‘.‘Vtv, r^c*. * '1., th. city h.. « ..t.»Xi.«» *”- *“*“ ““ 'f ^rci:ri.P.«.»-——: ““----------• - ■ . t. contr«y to tM ;::. „. COO.-C.; i. ?i .rUu«r:rt^« f. a.o.n.lt.01. .«..n.P c,u tor . cmpv ri r,rrn=. • ATTENDANCE 7:3# p.fi.MINUTES OF THE PLANNING COMMISSION MEETING HBLO 0CT08ER 17f 1983Th# Planning Commission mst on the above date. The following members were present: Chairman Rovegno, Goetten* McDonald# Slme# Callahan and Adams. Planning Commission member Kelley was absent* Council Representative Hammerel was present. Zoning Adalnlstrator Mabusth represented City staff. 1761 PCUOLAS^XTH 3237 CASC VAKIAMC was present. Dick and Mary Tuthlll of 34€^Zsse6'circle and Jane Remlen of 3235 Casco Circle ^ M. A _ _r.e^prsaent Zoning Admlnls- .rattfF'-MabijBth revlMMKl''wlth the Planning Commission thA hir.tcry of th*‘ Smith application. Mabusth noted that r hA 5^ml th appl I cat Ion 1 nvolves common owr.ershi p In the LR-IC zoning district. Goetten asked why the applicant hadn't thought of a let line rearrangement of the two lots which would solve the common ownership problem. nl'-k Tuthlll cf 3?4l Casco Circle noted that Lots 16 and I"* are combined. Jane Remlen of 3235/tfasce Clicie noted that the corner of Mr. Smith's lot iW « 1/2' ^om her house and stated that she was opposed csk^he W^r lance request. Remlen noted that regardless of the common ownership Issue that the lot still doesn't meet current standards. Callahan noted that there are common ownership standards in effect now and until the City can revise those standards that the Planning Commission should follow the current standards. Callahan noted that In following the current standards that he would have a problem approving the variance. Slme stated that he didn't feel that the common ownership Issue made a big difference but that the lot by itself doesn't comply with the current standards and noted that he would have trouble approving a variance tor such a substandard lot, McOonald noted that the Planning Commission should fi How the current common ownership issues. Adams stated that the common ownership issue wasn't a big problem and If the lot was held in single separate ownership that the variance would be a reasonable request. Adams stated that he felt that tho lot was buiIdable. J t v>Ci *Lu,*»'<«.‘lamming commission MtrriMC nsLO October it, 1983 prce ^9 r mmm Go«tt«n noted that the co*«on ownership Issue must be dealt with before considering the variance request. Coetten stated that if this lot was single separate ownership that the variance request would be reasonable and would not have s neqstlve effect on the existing nelghborhobd. Callahan agreed that the lot is buildable If the common - - - - - - - :;h;n''th.p>..ch.,.d e.. i.t tho common cwn^ri^htp wasn* t a problem and the owner wasn t able to foresee the common ownership in the future. Habusth stated that Smith ^L-r^Sased tho lot from Tuthlll In 1977 and that the common ownership was in affect at the time of sale. Rovegno noted that If the common ownership hadn't hcen a problem that the application probably wouldn't have any trouble receiving variance approval. Ad.'ims moved to approve a variance request made by Douglas Smith based on the 1RB% standards with a lot area variance of 5.B32 sf or 23% lot area and lot width 45% based on the following findings: 1. 2. 3. 4. 5. *>. 7. 8. 9. m. No available land - lots are developed on both s IdcfS. Sewer and water are available. House and Improvemenla to be cc::-truc*icd vlthcut need for additional varlanceSe Applicant purchased property not knowing that the ordinance limitations on development of Lot 18. Variance being granted despite the common ownership Issue. By granting this variance there will be no negative effect on the public health, safety and welfare. By granting this variance it Is consistent with the development of the area. By granting this variance there should be no need for tuture hardcover and setback variances. Planning Commission would like to note that the garage 1 r. a non conforming structure ana subject to ail pertinent ordinances. Tl? special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. -W• •* (#•' iV fe-MXNUVCS or TBS PLAMMIMC COMNZ6SXON fUBTlNC BBtO OCTOBBR 17, 1903' ♦ ♦ * ••761 DOUGLAS SMITH PACK 3- .*11. Th* conditions do not spply gensrally to other lander structuraa in the district and which said land is located. 12. the granting of the application is necessary for the preservation and enjoynent of a substantial property right of the applicant. I*' 13. The granting of the proposed variance will not in anyway impair health, safety, comfort, morals, or 14, Th<<t the granting of such var iance will not merely serve as a convenience to the applicant, but is ^*^**®*^y alleviate demonstrable hardship or difficulty. Hovegno seconded. Vote: Ayes (4), Nays (2). Minority Opinions - Callahan and McDonald - Callahan noted that the Planning Commission is looking at the common ownership Issue backwards and the City has an ordinance in effect that the Commission should follow. Collah'tn stated that the common ownership issue must be Solved before granting a variance. McDonald agreed with Callahan and she noted that there Is some neighbor opposition and that the common ownership issue should be solved first. #702 OLR OVBRBOB 4460 PORBST LAKK LANDING VAAIANCK Mr. and Mrs, Overboe were present. Mabusth noted that the applicant Is asking for a variance to place a detached garage in their limited front yard. Callahan asked if granting this variance would be an obstacle in the future if they plan on constructing a house on the other lot. Adams moved to approve Olt Overboes request for a variance for a detached garage to be placed 2’ fiom the given right of way, 15' from the side and 30’ from the travelled road based on the following findings; 1. Location of house on lot. 2.Substandard width 55* existing - zoning district standards asks for 140’ of width. 3. 4 . There is no additional land available. The house has existed for IS* years. i ' ■**Planning contRlsilon Meiabar*J«ann« A. M«bu«th, zoning Adalnlntrntor Soptonbor 13* 1983 ^«x •• DougUa smith - 3237 Canco Circle - Variance •liWfflWKSS-. -..« of che applicant. Application - Varianca - Lot Area - Lot Width I.ot Area Required - Required - Fxisting - variance - Variance - L<^*. ic.'.lt Required - Required - existing - Variance - Variance - 21.780 sq. ft. (100% Required) 17,424 sq. ft. (80% Required) 16.748 sq. ft. or 77% S.032 sq. ft. or 23% 1100% required 676 sq. ft. or 3.9% (80% required) 1''0’ (100% Required) 80' (80% Required) 55* .45* or 45% (100% Required) 25' or 31% (80% Required) 'f 5 f.iat of Exhibits Exhibit A - Lot Width 6 Lot Area Study Exhibit J - Tuthill letter ' 2*'l983Exhibit C - smith let er - August 2, 198J Exhibit D • Brou *hle letter ~ August 25# I . ^ i9fl% r: i;«« j j#: i«j Mhlblt I - Pl»llnln<) CM».i«*lon BlBute* - July U. 1»*3 r.vi.« the e.ch.n.M=. *" (present and past), attorney and be rescheduled on t)M« secretary called to i^Iasume^tor^a reconwandation, not a tabling.Planning Commission agenda. I assume lor If the applicant sock* action, you must act on the apylication and send it on to Council. !! - ;sr What ia tho total area cf Lota 16 h 17? whjra ia tho principal atruetura oa coiAinad Lota 16 6 17 in talation to tha ahared lot llna^tetwaan-liOts^X? 6 lt7 Nhat-la.tha aatbaek from that lino? la a^it£ina fparranyaiMfit faaaiblaTf^Mould a lot lina raarran^amant ■ 1.-VlLiUijjLliali iiWidiljr into alia anil Irlith eonforawinca with tha aurromdinf ■ pro^artlaaf^RiWd^tahlhltCk.’^la'thia lot conaiatant with tha pattarn «urrounain<| dav«*lo^.«u lota? Se'.v.- and water are available to tho property but Lot Ifl m!v»-r rocoived a unit aaaeasmont, only footage chargaa.. Jt is the Planning Commission *a opinion that thia additional informa- • xs not necessary because tha existing ordinances clearly define VC ir course of action, finding combined Lots 16 i 17 will not provide .«l-lU4to area or width for Lot 18 to aatiafy 100% of the standards Of th' IP-IC zoning district. Planning Cotmiasion may act to deny tho application finding the foliowing standards cannot be upheld for approval of this variance I a) the special conditions applying to th.» structure of land in quoati^r. arc peculiar to such property or immediately adjoining property; and bl tho conditions do not apply generally to other land or structures in the uistrict. in which said land is located; and cl the granting of the application is neceasary for the preservation and enjoyment of a substantial property right of tho applicant; and dl the granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to tho intent oi tho Zoning Code: and o) that the granting of such variance will not merely aorvo as a convenience to tho tipplicnnts but is necessary to alleviate demonstrable hardship or difficulty. And direct Council to call for a wra^orium on all lot area and lot width variances involving common ownership quertlon until tho City a study is completed cjxiamt'ndment of ordinances determined. If Planning Commission is of tho opinion that there ia sufficient information ava*.table to .ict on tho application, you may consider tho following findings: 1. 2. 3. No ..yailable land - lots developed on cither side fewr and water are a.ailablo louse and improvements to bo constructed without the need ot additional variances Applic.int purchased piopertv not knowing of ordinance limi.ationa on development of Lot 18. i U rv vt *, • » • 4 --TA • •v'- -•7<1 - Douqlas Smitit Smptmmbmt U. r^>3 P«9« 3 ;A or Plannino f • •upv«y ihowlnfl Sdltlwl Ai‘ ~tJ2.SoS^S* ?!S iiSrVprop#rty lln«. tiM iSly^^or-thi« iafocwitlon Ifi^^a-^dWw^ayjilyo^ o«iy f**i^iJS th« iwiicant 17. T*- »'i ♦ •»T* CITY. OF ORONO T.^%»i tini^CITY of ORONOISiM om « Hm ii*Oy«tol itoy. On the fiforth Share of Lake Mmt^eiomkm r*»l / I August 30« .1M3 .■><(nmamm'W' »*. /•••.- Hr>l>»H*a^ilbrwWn=^ - 4~r PilJclury Crntcr VinM<.*.ii»ol i«, MN 5>«I02 ^•'tr yr. OracMc; If, .....jow o* ry lt'»t*'r ol Auqu^t 29, 1983, and of the Planning Ccrviisim rpcotnrcnd'ition for tabclintj at their neoting of July 18, 1981. I realized th<t I h.ivr not presented the complete directive of thr’ Pl.innjnq Commissjon. The Planning Commission asiced that Mr. Smith appear before them so that they could review with your client the comnon o%fnership issue and how it has affected this review and to give him the option of tabling the application until the City wide study is completed or to act on the application so that it ran be passed on to Courcil for formal action. In fact, Mr. Sr before the Planning Commissiot. mce* that he «M>uld attend the meetii.g b- was asked to advise me if he plann< meeting by Monday, August 8, 19Q3. placed on the official agenda. h had advised me the Friday I of August IS, 1983, never made an appearance. He to attend the August 15, 1983, that the application could be Ple.asc advise Mr. Smith that if he shes to attend the next sweting of the Planning Commission on Soptrnber 19, 1983 that he notify the Puilding and Zonina Office by y-nday, September 12, 198?, to permit scheduling on the official a'-'nda. If we do not hear from your client, with the o*-ieinal tablina motion oi if Mr. .9mth cannot attend the Sep’ CommiKsion to act on the applicatic- September 12, 1983. Sincerely, Jeanne A. Mabusth Zoning Administrator cc: Druce M.ilkcrson, City Attorney r will assume that you agree y>c Plannlno Commission. However, -bor meeting and you wish the . please adviwc my office by 8l I il ltDIVf;A /OMNi; - 471 7)57 ASSf SSI\Ci Al)M|\t%lNATION A I \^Cr - 47i ’71ia rUiiiC MIMKt - iTI-nSf 5' CITY OF ORONO IS«« Ofifc* Hm ••r. On tht Sorth Short of Isht Mmitftomkm ► • • - •« -1 •T~ v7«»Fr»:i.,v tJ. i5f." ^ a-^*‘ ,, f * .. • r . t.r.mch ! •' ii-lff>cs i C.ravon -n nillsbury Center • an. arolis. 1,. .mif, 3JJ7 e«co Circle - variance Appli«tiO" i>r; •;t>l nouqliis smitn, ''r ir *•» D'^auchlo: . aiicp,..., to cp.aio to V--, i« •-isth’’«?«!. Comt.a.ioo has by the City of e to?l'Mld°ii''coj«'’" o^ctahip ‘25’.i;'’Mw‘!lta”aid1 tor bbUdability of euch propertioe. ,11 lots held in .'onmon ownership to M pr.-sent, the City Lr^^roninq district as „ee? 100* of «U lot 2°'v «>^°t •»»ninalc scpar.‘'tc lots that _ _ iQt of single separate Hr smith's because the area and width of Lot 1* record requiring rt was in the review PTOcesadid not lecct the 00* "•'OU’rcoj^t. It ^ Addition, that the common ownership of Lots io. w.'S revealed. Staff has been screeninq ^^^ PJ|"P°*d'’aiviiiirrc!idcitrto wait for common standards for review rather than adopt until we ?Se Planing Commission made the than deny the application. ;;/;;if ir:oi^;avrardi:.ioL!^;.^rtioir^r?c;.°^ the part of the City. Sincerely * flL. /ftVMsoOCC Jl (\ jir»«r« n. ■••• ***ir M !«• Au9unt 2i$ 1913 rloMl JS1S» rs I I i?.^[fii\^i^f|^ «J629fl9 Holmes ft CmA\'V* aiY OP OROHQ r:r' <0(1 c wiyr.t.»l Bi/ MN jj 3*3 IV • ‘ .V ‘ “ 't t ^ ' ift*. -.i^^.*-r »vL-* w «L KE: OouqU* Smith variance* a[/plication nrat Ma. Masb'ith: This "rn ^'as been the^city”^of "orono?'*^^‘A!*t *!itt«c Sjr^-VTabUd ;r^%I--rn/co«,is/ion, apparently upon your recommendation. !" ”“V‘JnS “vl.3^S‘^W:sus;;'tS'pr««5 luh^u.^'t-ar! "»t.««•.» .ppu«.ti«. i. likely to be passed upon. 1 request that you Ayi^i^*iiiy e^ent ^re9ardi^ his*v/requests for further information. Thank you for your cooperation. Very truly jw'rsr •>^4 — . • '* Jeffrey B. Btauchle JRD:kb cc: Douglas Smith ^ I . r : t-- 11 Ir •.•* % •1‘i I •• • • ■*» • «r ‘ MAri> f •^ • k Jeanne Mabuath Zonlnq AJwinlttrator Cl^ty of orono p.O 0o« «< eciCrvstal Bay, Minnesota Dear Ns. Mabunth: As you kfK^, I Purcnasea tne loj i ?«t.1X" * *^.,jV* , ‘SI,/" tu^Vu/*'iJrr.lVt«l‘^.hVu « prepared th, lot oo to seed and I frankly bene fitted if r^Yscd by you as an issue at the hearino.?T.;?rc‘,r ;r..?r:s?‘;:po«v;«7h.'^i^too°r;o^thc uf«. po..ibiy h...« ^ varlanco application. I am also in receipt of you^r *i*^stu\jy and ^establishment that the matter -ill be tabled J9 ? Ilple opportunity of ne- standards. k" ^nfiyeides over^ ' ;;«*«.nd.rd.. Th. '‘‘rU„S"tnS:,'S*'« ‘".n*d"cV b«u55i« tablinq is to delay my at the prospect this year imfossiblc : Jlicwe my application is ‘:'s;r.tn“b.‘‘’b‘u.rd“rp“it .hoow n»t b.««pt * »^ ‘ jt ^ r. ^ :.r*^.., ^■-C* •• ?:-->w^ • . I » *s *1 *w« c».t«ip bc.i««»- ”*;?,%%C.1WM Sirsr......;7 “; —»». 1 ;■ ’i;y .,' ;‘fKj*SSi ISa3SSS?Si^r.i» ^ ?? -SiS b?“ i.5TwVpp‘“«‘?" isjj"i'. n; •.. y trc’-y /O'*?''' - . • . ■ * ■ 'oougl-«**«- I i ; } = A» V-*-il4 '* V * r J •* •• . :r-^. ^c fut^ill ilgcQcy EXH!3nniT ^ IMI wmcmemmomo MiinNnarA MkM <#fi Jiilf ttp IfSI '.A -1 •t t mvt*at cttV ?*<kji erym n#nr '•n. Huhimfh Miaiis i4*4t«'9)9n '=• >v • | NS•I BO II I >J TY0f0«0-w I T r«rAtv#«4 II tAlAf%h<%n^ mfl lAf* Y«nt v##k from nouflA* ft. ^•frh •#*•#» iTAM knot# rtSr pttrff t#ho t« Hfi^l?tfi|i for a Sulf^lrtt pAfote oo n tor o*»lcH T ool<1 to hio fn April of I 7 7. Hm w«« <^iitti» iipiior^ onpor^ntlr ho«*fnp tolkotf to him corttrurtor oSo r»pr*»«oorhim mt thv* rouficti •oottfit thmt prooAiftiic *^on<<nv. WhllA hr lii d not HtoorTf ottoml thm nor <11 <f f, Ur Irft or i#ftU tUr foprrootoii that tnfrrrnrra vhrrr oa^r that 1 ao14 him m lot vHteh f liorw to Kr nnhiilt4ah1m. T woo arrattr ^taturHrif hf mnw ototoornt ohirh ooislil hr oailr a<*AAratlftf ouch mn act on my part* Thfa thlna conttniira to annoy or and T ofah to art tho racord a t raIaht • THr lot In n««rat9on, T.o t ^prfnn Park Addition oaa 0 arparatrlv plattrd lot of rrcord on January t. If75. Tt vaa ortflnally plattrd In lflH3» 1 brlirrr It haa aloaya boon a arparatr tot trith ita non arparair tat atatroent* Thr lot oaa titird In my namr aa a alnplr Individual aa oppoaod to a multlplr or corporate ownrrahlo# Vhlta f may not Hava rrcrtvrd a hufldlnp prrnff otthoiit approval oP tho Council, acrordtnf to thr fonfna code, hrcauar it oaa not uithln SOX of thr aancffonrd ofdth and nr<*a afcr, thr codr did allow auch a iiar fnr a afnylr famf ly rraldrncr "providrd that In rhr ltidc**nnr of thr rniincll anch uar dnra not advorarly af^rrt puhlfc h-alth or anfrty”* t hrlfrvrd than aa now that a huftdfnr permit, with proprr artl'acka, rtc« mrota aM of thoar f'^ata. In krrptna with thr frat of thr nr f phhorhood• ^ f ncr rr1y , E2? . Ktch«r<1 Turht I I CC. Ookinlo* n. S“*th ♦♦y r •* * y.# ■• lAr - ¥.^^rTT':r c .*L ..• *5r.iHi V.-•W-*--A r ’1 SOfPLBWff TO lOIIXHC VA«MC« AFPLXCATirH . \ .< ‘ 1 : CITY Of p:>'*- .0 0..ctlb. «n».u.l property ««aitlo.. pro».«ti«, coopil..' “’• eoO* r*v.lr.«»t.. Th. oKly tblop jit M.',V ejt wa-„ «tV^jg I laco*f thM th» g^f SorlM ***^ ®^*^**^i # ^*ri»*,®5 «a'ir^em«latent alth aany. If ^ ' ilbdivKlon. >111 :L .ulSffilaleliap and appaart to bethe^ lota in tlM>aa t»^ aub«^ia»o"j^ wider than aowe. *^howaver which reaalna unlaptoeaed. contlauoua ^^rots in thoae aubdlvlalona, such aa 1*®^ Although some of A w>y« coablned to form lota which and 17 of Spring Park, i_ »»rM of width and toning# ?onfor» with the *®Vg^to the i«e^ ®A. 1\l„any othsr lots, have been Improved. Since the%rm Of .similar dlmentioni ana nw both inprovtdp 2"p.rtl« to th. *t'^ “^‘^onln, 00#. i. »«t Snd held by others, with the other lota, •«<>♦posalble by ®o»binlr.q the lot with A**®r* JSiJ Lot 18 was s*";®^*** does not requite Lot 18 in orderconprlaed a conforming lot whic o^^^^^^ *?"iK to meet the area and •‘‘^th by Central Avenue and the ordinance. A®‘ ,q* u poaalble in thoae ^Itectiona to ijl:*;v:%»P^U*n« -Uh‘t'«.‘“.i r.'lulr.*... o, th. eoa.. u o«crib, un#u. h.rO.hip orWorn nn« .ntore.«nt of tonin, r«9uUt.on.. In tl.U ear,., atriet und”"*"»ny'blniflel.l prevents the ^“^fhe ^'requested variances. Lotuse whatsoever without ^ p-onetiuction of a single family plainly suited only for --o-able use other than that. As residential home, and has ®o.^wi, variance application, an 5SSin on th. sgrv.y tobnltt.# «Uh tht« v.ri.ne. ^pp ample single family setback requirements. '-«.r"rr.ti.“'y -‘‘‘“.“Vt.*"' lilVoV.?«?:«]! Ill n'".u ”.r.rhMrn t.i.s payobl. in ^^^lia^Qoo^toc^tanet payobl. in 1982. ts.’iVir^vfnr.;£°fot .hu prop;« 2•oSl^^r:iib^^^n^*«fci.l us. o^^ ,, th?'.•?:!!'« '«nrK-3n ;Ar;r.“Jssr\hro%h7-^’7h'.'“'3 Hb"“:iU s“u"ffir* ‘r*un^d'urv/a ro-hiP .f ..nin, . .»• . * i conditions preventing c —'lanceSt11 about the parcel In question, emaina unimproved. Lot 18 is 300 In the lot appears to beto the north end south contained ing Park, and the Spring Park Is consistent with many, if not subdivisions, and appears to be knows of no lota in those tw<i r, which remains unimprovmed. se subdivisions, such as Lot 16 »n combined to form lots which in terms of width and zoning,> the immediate south of Lot 18, ave been improved. Since the h and south are both improved, wl^h the zoning code is not h the other lots, and, although n Lots 16 and 17, tho«?e lots oes not require Lot 18 in order tlrements of the Orono zoning Central Avenue and the >osaible in those directions to quirements of the zoning code. Practical difficulty resulting egulations. ’ rement of zoning regulations g this land to any beneficial sted variances. Lot 18 is tiuction of a single family able use other than that. As this variance application, an instructed on the lot without 'ack requirements. Municipal 'le, and indeed, the property nents. in fact, the property ndividual Luildable lot. For was tazed at a market value fs payable in 1982. Plainly, iroperty is as proposed. A width variances, therefore, this lot whatsoever, lity of the lot is emphasized throughout the neighborhood. ‘ common throughout the two ell as elsewhere along the ners, however, this property nque hardship of owning a • v;v‘am/::/The proposed construction of a single family home on Lot 18 should have no adverse consequences for the neighborhood or neighboring properties. The lot is served by municipal sewer and water connections. No drainage problems, to my knowledge, ezist on the parcel. The use of the property will be in exact conformity with the use of adjacent and neighborhood properties. No material increase in traffic, pollution, or noise can be anticipated from the proposed construction, nor will the proposed home aeathetlcally differ from those In the neighborhood. In sum, to the extent the spirit and Intent of the zoning ordinances are to preserve and protect the residential character of this district, the proposed variances promote rather than threaten that result. %i3 :i K\l F-VVav7.ita Ottia* .'15 Ej«.t 1 .i~r ''tnt't VVjv7Jtj \i\ 55>J1 t-.; 4"' \VY F jxpi : 4-.vv>i: Warren and Christine Bielke 3241 Casco Circle Orono, MN 55391 May 24, 1993 HAY 2 '4 ieS3 Dear Warren and Chris, I am responding to your request as to the impact on the value and marketability of your property at 3241 Casco Orcle if lot width and area variances are granted so a home can be built on the adjacent land to the south. Since I began marketing your property in February, the neighboring property became available and has since sold. Both potential buyers and real estate agents have been concerned with how the space and privacy would be impacted by a home being constructed next door. They feel that the area is too small to accomodate another structure. Since there have been reoccuring negative reactions to the proposed building site and subsequent loss of privacy, it is my opinion that the granting of these variances has and win continue to negatively affect the value and marketability of your property. QtSl /■' To: From: Date: Subject: Mavor Callahan I'v: Orono C.mncilmcnibcrs Orono Platinitii; Commi'-siv'ii Members Kon Mi’orse. City Adminisirainr Jeanne A. Mabusiii, Haildiny iS: /oniny Administrati>r May 19. 1993 #1828 Chrislorher and F.rin Tally. 1355 Norih Ami Dri' .* Conditional l!se Pennil - Resolution Additional Exhibits II - Applicant's Request to be Scheduled at the May 24th Meeting Brief Review of Application The application invedves the request for a conditional use permit to allow the installation of an accessory strucnire on a through lot that is defined at the rear by an undeveloped spur road of Park Drive and at the front street line by North Arm Drive. The properi\ consists of three independent parcels. Applicant is required to legally combine t’.-r parcels to achieve credit of the principal structure. The 983.7 s.f. accessory structure meets the required 15' setback from all lot lines. The accessory structure will be located 108' from the rear lot line easily meeting the minimum required setback from the street of 35 ’ for the zoning district. The Planning Commission recommended unanimous approval of the conditional use permit. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission recommendation. Isv r t' A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 10 FILE NO. 1828 WHEREAS, Christopher T. Tully and Erin Chalgren (hereinafter the "applicants") are the owners of the property located at 1355 North Arm Drive within the City of Orono (hereinafter "City") and legally described as: Lots 11, 12, 13, 14, 21, 22 and 23, Block 13, Saga Hill Revised, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicants have applied to the City for a conditional use permit to permit the installation of an accessory structure on a through lot per Municipal Zoning Code Section 10.03, Subdivision 10. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #1828. The property is located in the LR-IB Lakeshore Residential Zoning District requiring one acre in area. The property consists of 75,050 s.f. or 1.7 acres. 3.On May 17. 1993, the Orono Planning Commission reviewed the application as proposed and reconunended approval based on the following findings: a.The 983.7 s.f. structure shall be located 17 ’ from southeast side lot line and 108 ’ from the rear lot line. b. No additional curb cut shall be created on a public road to provide access to the accessory structure. Page 1 of 4 OUd. ■S. 4 : i. C.The proposed location of the accessor}’ structure will have no negative impact on the surrounding developed residential neighborhood. 4.The Council finds that granting a conditional use permit to allow the installation of an accessory structure on a through lot 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 City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 10 to permit the installation of an accessory structure at 29.9 ’ x 32.9 ’ on a through lot located at 1355 North Arm Drive, subject to the following conditions: 1.Upon application for a building permit, applicant shall apply for the legal combination of the three separate parcels that make up applicants ownership lots. Authorities granted by this resolution run with the property not with the owner but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (May 24, 1994). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, lall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 .-V li ■i 1 ■4 hr & r\^': n %!: ^■': ;v^' ¥■ P'k- W -r. 4.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 24th day of May, 1993. 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 24th day of May, 1993, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Miimesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 1 r.- 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 V.' 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 nis (their) free act and deed. Notary Public ■r Page 4 of 4 &• P.: y ■ 6] TO:Planning Commission Members Ron Moorse, City Administrator FROM:Jeanne A. Mabusth, Building & Zoning Administrator DATE:May 13. 1993 SUBJECT: #1828 Christopher ana Erin Tully, 1355 North Arm Drive Conditional Use Permit - Public Hearing Zoning District - LR-IB Lake^hore Residential requiring 1 acre in area Total area = 75,050 s.f. or 1.7 acres Applicants seek approval of a conditional use permit for an accessory stnicmre to be located on a through lot defined at the rear by an undeveloped spur road of Park Drive and at the front street lot line by North Arm Drive. The following ordinances are pertinent to this review: 1.Section 10.03, Subd. 10 - Conditional use permit required for all accessory structures on through lots located in residential districts. 2.Section 10.03, Subd. 9 (E) - Accessory structures in excess of 750 s.f. but not exceeding 1,000 s.f. shall be located 15 ’ from lot line. The structure area is at 983.7 s.f. Applicant proposes 17 ’ side setback. 3.Section 10.03, Subd. 9 (A) - No accessory building or structure shall be constructed on lot prior to the time of construction of the principal building to which it is accessory. Section 10.22, Subd. 2 - Hardcover within 500-1,000 ’ setback area of Lake Minnetonka. Total area = 75,050 s.f. Allowed = 22,515 s.f. or 30% Existing = 3,609 s.f. or 4.8% Proposed = 4,592.7 s.f. or 6.1% List of Exhibits A - Application B - Plat Map C - Property Owners List D - Hardcover Fact Sheet E - Floor Plan, Section, Elevations F - Existmg Survey G - Proposed Survey a A , i -I ■ .a. .^iiiifVir ■Iftiti-h fiiiiir « = - -»J I Zoning File #1828 May 13. 1993 Page 2 Applicants seek approval of a conditional use permit to allow installation of 29.9 x 32.9 accessory structure to be located in the street/rear yard of through lot. The through lot consists of three separate parcels, combined Lx>ts 11 + 12+13, 14, and combined Lois 21 + 22 + 23. The residence structure is located on combined Lots 11, 12 and 13. A permit for an accessory structure cannot be issued because as currently defined the accessory structure could not achieve credit of the principal structure on combined Lots 11 + 12 + 13. Applicants must combine all three parcels prior to the City issuing a permit for the new construction. Access to the structure shall be through an extension of the driveway to the rear. The 983.7 structure will meet the required 15* setback and will be approximately 108’ from the rear/street lot line. Accessory structures to be placed in rear yards of through lots must meet the required front/street setback of the zoning district. The LR-IB zoning district requires a 35’ street setback. The new owners are in the process of a major cleanup of the property. The original storage structure at 1,000+ s.f. in area was demolished via a control bum approximately three weeks ago. Members will note the ashes that still remain on the property from that bum. The proposed structure will be located approximately within the footprint of the former structure. Refer to Exhibits F and G. SUteR ^ ¥ t H I M lendation To approve a conditional use permit for Erin and Christopher Tully for the property located at 1355 North Arm Drive to allow construction of an accessory structure at 29.9 x 32.9 to be placed in the street/rear yard of the through lot subject to applicant applying for the legal combination of the three independent parcels prior to the City issuing a building permit for the accessory stracture. . . ■ V ■ . •• ^ V ■.? ♦ X»ERTY LOCATION Site Address _ _ OP ORONO - GENERAL LAND USE APPLICATION — ■ _ A-T Property Identification Number (P.I.D.)C7-ii7- ‘HI ‘ 006^ C-7 •'»’)‘ci?> Ml *CC 7^ -i>7 <^.ki Please attach legal description to application if not included on required survey. APPLICANT Name (V/i£W)k^_\_\f Phone (home) Phone (work) M~) .) ■ u')'sc) Address l~^SS . 0. City Cuci^c, ---- Zip ONNER (if different than applicant) N«une _______________________ Phone (home) Phone Address City Zip Date Property Acquired_ _ _ _ _ _ _ _ ___ _ _ _ _«— I (do) (do not) also own the adjacent parcels of land. ‘ •. FEES > CONDITIONAL USB PERMITS - $ 50.00 For each variance request with CUP application CITY OF OROHG$125.00 Residential accessory Use $175.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use FimCE OFFICE 1350200000 01 CEti 125. cm Tl i25.0C FtCEIPT-rmK YOU H270730 cool ROl T15: 04/23/ $200.00 Land Alteration Grading and filling - designated wetland or floodplain GradiS|,*«.«il\'7et ‘aininrw.l^» of laka.hcr. PRD/PID - see fee schedule ?! Renewal Fee - $100.00 (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS ____ $200.00 $250.00 $175.00 $ 75.00 $300.00 $300.00 $100.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Resonlng (PUD - refer to fee schedule) Comprehensive Plan Amendment Appeals Other - see fee schedule 'RESENT USE OF PROPERTY Present Zoning District • V Present Use of Property v'Residential Other (specify) DESCRIPTION OF REQUEST j i Describe request in detail: i\i? a',, p> T P)v^AA‘-'i' fi • .<11 .sA< V 4 1«t. 0 /'v '.■'t L C.' M T 2. REQUIRED SUBMITTALS 1, Completed Application Form. Certified Property Owners List of owners within 350’ (you can obta this list from Hennepin County Department of Finance A-603 Governme Center 348-3271). Plat Map. Certificate of survey (signed by a licensed surveyor). Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). Construction plan» if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 3. 4. 5. 6. 7. TOO ARB REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (11* X 17* OR SMALLER) FOR ALL DOCUMENTS 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 - - i 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 unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the/>best of his/her knowledge. Applicant's signature Date ONNERS 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 veri^catfion o>-Jtl^s request. Owner's signature I Date /'^7 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 advise the Building 4 Zoning Office of this change prior to the meeting. i MM MTE (M/Z0/9S<3^- ' 'iMCN ees HENNEPIN COUNTY MWPCHTY XMrOWUTIOH SYSTEH PHOPCRTY OWCRS LIST REPORT NO. PAGEPMP ABOII'' *iv- n 07-117-» *l 00*4 OIMl NORTH ARH DR OCORGE P OATZ TAXPAYER CEORCE P CATENME/ABOR 15*1 NORTH ARN ORHOUm Ml 5554* $ • M 07-117-M 41 0044 OOOSD ADDRESS UNASSXGNEO \ ^ fr TAXPAYER ; NAHE/AODR VINCENT JOHNSON VINCENT J0W60N •104 HZCNNOQO OR UNIT YIM •LOOHnCTON l« 55450 4 -4 ! V. i ♦ *• taxpayer MM/AOOR SO 07-117-25 41 0072 015Y0 PARR OR NAYNE N HOLHES NAVNE N HOLHES ISYO PARR OR HOUND m 555*4 e j ' y TAXPAYER ;MXi/AOOR : V > TOTAL OATCH 005 OOOOY •'t i . ■ , *!•#*%*• • !/■ w ‘ **’•: ’ ■ t:V •'J ■V.r'r» 1 tr . O'" '•{If- 4 * ■ .M* . _4v 'V.•V ^ . , • » * ^ .V , * * -•-... inn: I 'hjniim' Mririrft*iifiitiiill n a mi SO 07-117-25 41 0047 01555 NORTH ARN OR C TULLY A E CHAL6REN C TULLY 4 E CHALGREN 1555 NORTH ARH OR HOUND IM 55544 SO 07-117-2S 41 0040 00050 ADDRESS UNASSIGTCO C TULLY a E CHALGREN C TULLY 4 E CHALGIKN 1S55 NORTH ARH DR HOUND m 55544 SO 07-117-2S 41 0070 01S74 PARR OR 0 P LARSON 4 T R LARSCM DAYTON r 4 TERESA R URSON 1S7* PARR OR hound mi 55544 SO 07-117-25 41 0071 01500 PARR DR HAG RASHUS HAG RASMUS 1500 PARR OR hound IJN 55S44 SO 07-117-25 41 0075 00050 ADDRESS UNASSXGNED C TULLY 4 E CHALGREN C TULLY 4 E CHALGREN 1SS5 NORTH ARN OR hound mi 55544 SO 07-117-25 -41 0075 00050 ADDRESS UNASSXGNED JANES LANG 4 AROIS NIENAMI AROIS N NXEHANN NOONAN S44 N OHASSO OLVD ST PAUL Ml * 55124 OF HY RNOHLEOGE AND DELXEF., „^hi3 « ^ aiM 0 0 •t 4 I i i ^ ■ ..■ ' “'1 r j*Vv i ‘ ,v^.r *: fT/v* V p: • ■: . ■■■'’ V .vV-ri^ I i iiniiMiii ■iiorAi III I -------—iikiiffTtMiii'nflOXMiiA TiiirirtiniHililtii HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE cne) 0-75' 75-250 Existing Hardcover in Zone A. House B. Garage c. Driveway D. Sidewalk E. Patio/ Deck F.Landscape AREAS UNDERLAIN BY • . PLASTIC SHEETING G. Other LENGTH WIDTH Total Hardcover in Zone 100 pno ?>anQ S • r • S.F. S.F. S I r • S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. T otal Property Area in zone 7S (^0 X 100 l_SCh5Q_,.F. [i 3d03_-t B % V.\o ■N • n o> CM |, 7- \ 32-9* ___d^-^9:_____^___••••7 jfi ..V... —..|j ------------- _ / / / NOU: t2" OVf HH/JvCS W»ifME INOtCAUO / - - - - • . r- LOfT ARfA. U5£ 2* »12" IN MANCtRS 24" O C. W/ 3/4 • TIcG , ' PLYWOOD DCCK iNG j « y. fv< / X 13 \- C OP£N TO t6 ‘ vjMiS ARtA 12>10‘ SHUT SLIDER \ ‘v, •\--------------------- - V N I Floor sc poif spacing plan SCAU 3/8* - r ' f \ a ___ 0 W/9 lit CHOSSDUCK / N J b> t ;f I N II ill n ^4 r 11 ^ A nc)N ^ ^ *•“^1 O-H.*- oQO , i I. I 1 ’T't 1 1rl1!JwllI tU3 t i * SM i l V. I •• CHRIS TULLEY IN BU)CK 13. SAGA HILL REVISED HENNEPIN COUNTY, MINNESOTA^ lots 11, 12. 13, 14, 21. 22 and 23, Block 13. “Sag. ‘‘Il Revised. Hennepin Co Hlnn.- This survey Intends to sho« the boundaries of the above described property, and the location of an existing house and shed tod driveway thereon. It does not purport to show any othe** improvements or encroachments. • Iron marker found 0 Iron marker set Bearings shown are based upon an assumed datum UVV S. IN UAH UUCiirYKJN _______i COFRN & GRONBERG. INC. t :i) ' '."yM/J f ! /I ' I htfeBe rrrtih Hurt diii ww *» a* fWfafnJ m n « y iif lam al dit Suit ol _____________ mkn 41 n } K! Or 0<u irv rls SS 3^M f\\j-. Ci^.'■^^i'^p\\vTu\\^, , 1 65-s yi’. O/',^ o . e^v/-^^3. ^c!bu3i^^•■ ^VusH NJCiu *fc)yr W'l,j)‘lVN^ A\R i-ke necesyauy 5'V^|)S i- AeeAeA ~tu\vc ^\v:> W «x(;av')' d'^ '^ke *^c^\ O <31f'OP • ' ^IS tS ^ VNcvv. v^c X\je\i^ X-P \/cUl^ (X cS\ j\oSS*>'X X UiouVA*X K)\o^y /COvCvv'^^ Xe CDu^‘^cA Av/^Alj Xe H m n' ~rVaA- kjo A a be i\x Nce\'»^') ow m '^oS^ Jeo|\c t>^ , Xvv<^/>. poo'^' Vjo'^ T CfX^ VjOl\0<CVAiTfr^ O v AA C. 1 V^ovJ I'Jt. 1 ywij y Oi*^ Cc'-' ' -j n TO; FROM: DATE; SUBJECT; Mavor Callahan and Orono Council Members ¥ Ron Moorse, Citv Administrator Michael P. Gaffron, Asst. Plannir.s & Zoning Administr;WiTy>*^ ^ Iqq ^ May 18. 1993 1993 Marina Licenses Summary Paid applications have bten received from all except North Shore Drive Marina. Winter storage and parking layouts have been identified on a site plan for each marina. We have received copies of 1993 LMCD licenses issued for all but Lakeside Marina. 1993 Orono license applications for the following three marinas are relatively noncontroversial and staff recommends approval: Crystal Bay Service Windward Marina Minnetonka Boat Works Lakeside Marina indicates 30 to 50 boats are intended to be stored on land for lake use in addition to their normal 77 lake slips. No slip fee was paid for the on-land boats. Staff recommends approval of license for 77 lake slips and denial of on-land slips based on Resolution No. 938 (copy attached). Gayle’s Marina requests 143 slips and has paid slip fees tor 143. City has historically licensed 134 slips, dating back to 1967. The last license issued to Gayle’s was in 1981 . although the marina has made application and paid fees each year since 1981. Staff recommends issuing a license for 134 slips in accordance with Resolution No. 1293 (copy attached). Staff is working with Sailor ’s World to gain compliance with requirements relating to their new construction. Although a temporary certificate of occupancy has been issued for the new building, the old building remains on the site and landscape work has not been commenced The code requires tf»at no final certificate of occupancy can be issued until landscape work is completed. The number of slips is not at issue, but staff is working with applicant to devise a Marina License Memo Mav 18. 1993 0 Paee 2 winter storage site plan, which was not discussed during the commercial site plan review. Staff recommends approval of the 1993 license conditioned on all landscaping aspects of site plan being completed by September 1, 1993. We have yet to receive a license application from North Shore Drive Marina, although Deb Brencman states that it was mailed to us, but has not submitted a canceled check. Council should direct staff as to how to proceed absent an application. List of Exhibits For each of the six marina license applications, the following are attached as exhibits: A - Proposed license document with conditions and diagrams B - 1993 license application Also included are specific items pertinent to each marina. Notes Regarding Individual Marinas A. Crystal Bay Service No company service boat is request for 1993. License will be for 2 transient slips for fueling only. Noted in the application is the storage of up to 3 boats on the site for repair/service. The City license is written to limit boat storage on the site to no more than 3 at any given time. The 1992 license for Crystal Bay Service suggested that landscaping be reviewed and upgraded during 1992. Since then, staff has held this review in abeyance pending outcome of the DNR access. No landscape requirement appears in the 1993 license as drafted by staff. Minnetonka Boat Works Tlic 114 slip request is consistent with the past licenses. The proposed number of winter stored boats is significantly less than the space available, and is not an issue. The storm water pond collecting runoff from the parking lot appears to be doing its job. We have received no complaints regarding the MBW operation. ; Windward Marina Staff has met with Mr. Rivers to define winter storage on a site plan which is Marina License Memo May 18. 1993 Page 3 attached. This reflects his past practice and has resulted in no complaints. The remaining issue relative to marina reconstruction is paving of the lot directly north of the new building. Mr. Rivers indicates he plans on doing that this summer, and is attempting to work out his drainage problem with the County. The number of lake slips remains at 118 as per past licenses, with no on-land storage of boats for lake use. D. Sailor ’s World After transitioning through a number of owners, this property reverted to the Sailor ’s World partnership of John Vogt. Gary DeSanti.*: and Richie Anderson. They began constru:tion of the clubhouse per the approved plans in early 1992. As of this spring, the clubhouse building is nearing completion and a temporary certificate of occupancy has been issued. The old converted garage building is still being used for storage but will be coming down per the approved site plan. The parking area and landscaping have not been commenced, but staff will be working with the property owners to ensure that happens this summer. The issue of winter boat storage has not been discussed with the marina operators, but their application indicates none is intended. Recall that the 42 defined parking stalls are 6 short of the normally required 48 based on 79 slips. This was approved in Resolution No. 2194. The breakdown for proposed use of the historically approved 79 slips is 1 company owned boat. 4 "club rental boats", and 74 rental slips. Our parking code to-date does not address a different parking rate for boat club slips than it does for standard rental slips (6 parking spaces per 10 slips). For the record, the City’s approval of the site plan was partially based on the fact that no boat sales would cKcur at this marina, and the clubhouse design reflects that fact. Staff and the marina operators plan on meeting Monday, May 24th to tie down a timeframe for completion of the construction, demolition, landscaping and paving. Ab.sent that di.scussion as of this writing, staff has drafted the license to be conditioned tm landscaping and site work completion by September 1. 1993. The letter of credit for this project e.xpires March 13, 1994. Marina License Memo May 18, 1993 Pace 4 E. Lakeside Marina The Council needs to take a definite position regarding on-Iand storage ot boats for lake use. This type of activity may include: • drystack in racks, marina launches on demand • customer’s boat stored on trailer, customer launches • customer’s boat stored on trailer, marina launches on demand • "boat club" use, (boat owned by marina or others, launched/stored on land as demand requires) Resolution No. 938 adopted by the City Council in 1978 refuses to grant increased density to any commercial marina. It defines a number of reasons why an increase in boat density is detrimental to the lake environment, and to the health, safety and welfare of lake users as well as adjacent property owners. The licensing code after its revision in January still contains two business use standards, reading as follows: "Business Use Standards. All business use applications shall provide information showing compliance with the following standards: A. The proposed number of boat slips on the land and on the water and boat buoys shall not adversely affect the public safety, health and welfare or infringe on the public right to use the water, or unreasonably restrict the rights of other property owners to store boats on or adjacent to the same area." Staff would interpret that applying the findings of Resolution No. 93>* to this business use standard would result in a City finding that die application is not in compliance, and staff would conclude that this is a code basis for denial of on- land slips absent an equivalent reduction in the number of water slips. The LMCD approaches the density issue in a somewhat more objective manner by defining that a facility can have 1 "boat storage unit" per 50 ’ of shoreline, or I bKiat per 10* undei a Special Density License. Because Lakeside has historically had 77 slips yielding a density of 1 slip per 4’. they qualify for no further density increases, and LMCD is denying them the ability to store boats on land for lake use. Notwithstanding Council’s possible reluctance to take a position for or against LMCD’s action, staff must conclude that it is in the best interest of the City and consistent with Resolution No. 938 and our current licensing code, that any on- land storage for lake use for lakeside Marina should be neither sanctioned nor Marina License Memo May 18. 1993 Pace 5 licensed, and absent specific City ordinances directly limiting boat density, the City should support the LMCD’s ordinances regarding on land storage. Council is advised that staff has reviewed the parking requirements with Mr. Dunn and it is not impossible for the marina to provide parking for the additional on land storage should the marina choose to do so. by reducing the number of extraneous/service/repair/brokerage boats on the site. However, a portion of that parking would likely continue to be in the 0-75’ setback zone along side and front lot lines not meeting the required parking setback, all in areas where the City has historically allowed parking to occur via past licensing approvals. Many of our marinas have similar parking non-conformities, but don’t abut residentially used properties. Note also the recent letter from Sandy Ramberg, property owner on the west side of Lakeside, regarding the continued parking violations. North Shore Drive is posted "No Parking" in this area. We have also reviewed the winter storage site plan showing how the required number of parking spaces will remain open. Although the City has historically only acknowledged/licensed a level of 80 winter stored boats, the number of boats stored in winter on the site is typically around 150 to 160, 2/3 being dead winter storage and 1/3 being for service/repair/sale/etc. Storage of boats at the e.xtreme southeast comer of the property has also been an item of frequent discussion between staff and the applicant, since storage affects sight distance for west bound traffic as well as cars leaving the marina. Staff is recommending approval of a license for 77 slips 80 winter stored boats per previous licenses, a denial of the 30-50 on-land slips for lake use, (which amounts to a statement of support for LMCD’s position regarding boat density for this marina), and a requirement that boat storage at the extreme southeast comer of the property be setback a distance from the property comer such that traffic visibility is not impaired, to be determined by statt. Gayle ’s Marina. Gayle ’s Marina has not been licensed since 1981, although they have applied for licenses and paid the fee for each year since then, and have continued in operation. Aside from the historic issues ot landscaping and the shoreline green buffer strip, the City has refused to license any more than 134 slips per Resolutu>n No. 1293 (attached). LMCD continues to license 9 additional transient slips. L_.. Marina License Memo May 18. 1993 Page 6 Council should review Resolution No. 1293 and either accept it as the City’s current position, reject it as no longer making valid findings, update it. or request further background if necessary. Given the past decade of non-licensing based on number of slips and site issues but keeping in mind Council’s stated intent to issue licenses to those marinas which apply for 1993 regardless of outstanding landscaping/buffer issues, staff is recommending that a license allowing Gayle’s to maintain 134 lake slips would be appropriate. The past licenses (1981 and earlier) have authorized 200 winter stored boats, which would take up virtually the entire area of the marina not occupied by buildings. However, absent any direction in the code that defines how much winter storage is appropriate for a site, staff is reluctant to suggest a formula for defining a "reasonable" number of winter stored boats without analyzing how it would affect all marinas in the City. Finally, staff would recommend inclusion in a license for Gayle’s that "no boats may be moored on the west side of the gas dock unless the gas dock is located at least 20 ’ from the east property line", and that "since the landscaping and screening required to be installed by the 1975 operations agreement have not been completed, that issuance of this license does not relieve Gayle’s Marina from responsibility for completion of those requirements". These conditions were part of the 1981 license. Staff Recommendation Staff recommends approval of 1993 marina licenses for Crystal Bay Service. Gayle’s Marina. Lakeside Marina, Sailor’s World. Windward Marina, and Minnetonka Boat Works, subject to the conditions noted in the draft licenses attached. Council may wish to vote on the licenses all in one motion or if some changes are required, vote on them individually. ch V » ’it it as the City’s date it, or requestps and site issues to those marinas fer issues, staff is lake slips would prized 200 winter if the marina not code that defines ctant to suggest a sd boats withoute’s that "no boats IS dock is located ; landscaping and lent have not been le’s Marina from nditions were part , Gayle’s Marina, Works, subject to on the licenses all CITY OF OUONO C.KNKRAI, l,ICKNSR N? 2437Name of Business:CRYSTAL BAY SERVICEMichael J. MehnerPrincipal Owner; _3398 North Shore DriveAddressWayzata, MN 55391 Date Issued May 24 , 1993Date Expires Doceinber 31» 199 3 (For License Year 1-1-93 thru 12-31-93)State License No,____IZZ----------------As a condition of receiving this license, the licensee shall furnish t e City with a satisfactory surety bond, and liability and property damage insurance, when required by the City Code, and shall have complied with al! the requirements of the City of Orono, pertaining to the particular type of activity or business licensed. This license is non transferable. KIND OF LICKNSK Commercial Dock/Marina License Septic System Installation and/or Pumper Garbage Hauler Residential Kennel 200.00 __I Commercial Kennel Total Amount Paid to City 200.00 ( I T V ORONO aTYof4mox<i P o BOX 66 CRYSTAL BAY, MINNESOTA 55323 PHONE 4/3 735; Signature of City Official White - File Copy Michael P. Gaffron, Asst. Planning & Zoning Admin. Yellow - Licensee CITY OF ORONO EXHIBIT A LICENSE NO. CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICENSH L LICENSEE Crvstal Bav Service Address 3398 North Shore Drive. Wavzata. MN 553Q1 License Period - January 1, 1993 to December 31. 1993 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year ’s license. Authorized Summer Density per attached plan: Crvstal BavBav _________ Transient Slips ------- Rental Slips ------- Company Slips ------- Sub-Total: Slips at Dock ____ Offshore Buoys ------- Maximum Boats in Water ------- Dry slacked slip for use in lake Maximum Boats in water per prior license Other Boats (for repair/service, etc.) MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER ^2___ Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys'is a violation of this licen.se subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. Authorized Number of Winter Stored Boats 0 — 0-3 Exhibit A License No. Page 2 IV. V. VI. VII DOCK LAYOUT (reference Exhibit B attached) Maximum authorized length of main dock 99 feet. Docks extending beyond 200 feet and docks encroaching into required side yard setbacks are herebv specifically declared to be illegal non-conforming structures which are not permitted under this license. The application does not contain such illegal structures. All such violations are subject to prosecution under Sections 5.42 and 10.41 of the Orono Municipal Code. Marina is not authorized for FUEL SALES subject to compliance with the State Fire Code. 1Required number of OFF-STREET PARKING SPACES SPECIAL CONDITIONS required for compliance with the ordinances of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. The 2 slips provided at the dock are approved for use as service slips. Boats docked at these slips may not be stored overnight. 2. No more than 3 boats for repair/service may be stored on land at any given time at the site. Nothing in this license shall confer upon any person for the benefit of any property any vestei right to use l-ake Minnetonka or the premises in a manner permitted by this .’■esolution. but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. Issuance of this I'cense is not intended as a confirmation of licensees conformity with all ordinances regulating t.he site conditions and operation ot the commercial use. • • •% Ccrliricalo c-f S'jrvry fcr Vnlon Oil Czz.7^r.y ^ • A ^ 1^85 PJL^ • c^oM'/ri/T' e /./Ctri^S-e- /•>‘^ ^ • T • •■«p * ■ , -4^7^ I h«raby ct.-Ufy that t-his Is * ^r-js er;^ ccrrftct rc*roscnt4-l-r. or > sur-.-.y or fr.a Souihorly _ tcur.dar:cs of Lot 12 <-h' '■«’• , 32 ret. or l*t 11, -.ydlare-j Hrk ., l^kc mnr.eLorka, Kennesin Cox=r#ty, »M—3-ota, for the sole purpose or c’r.owinfi the* relationship of the hich'^®/ bl'.cJctop, the highway u. Aur.ust 29, 1961 (toe. Ko. 3330668,. th. 929.-^-contour line (KCVD 1929). ®nd or. cxlatlng dock. Scale; 1 Inch = 20 feet lute : i-2..-Sl Land Suj-i'c^r «md Planner Lonr L-jko, VjnnccoL-i •I 0 I-<2 .j <5: 3 \(\ \ Zl,£ J 2 *4 v/> »• % •• ^It’LOf ■I I •• • *. 'S \ ( Qn •f "■^1 ?PP Idllal ✓✓ m X \ Vf 1^* . i •- • .. • • t r •. •. r.■«• •. • .• CITYOFORONO License Year P.O. Box 66, Crystal Bay, Minnesota 55323 Phone 473-7357 Date application sent to Marina Date application returned to City B '*^3 ANNUAL COMMERCIAL MARINA LICENSE APPLICATION - Pursuant to Orono Municipal Code Section 5.42, Subdivision 2 - Licensed Required it is unlawful for any person to engage or participate in the "business of docking, mooring, or storing boats or (operating) a commercial boat dock business" without first having obtained a license therefor from the City, PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION. REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY APRIL 15 OF THE LICENSE YEAR. BUSINESS INFORMATION 1 . BUSINESS OR TRADE NAME C V 3. 1 Street Address ^ K Q Mailing Address ^ Marina Phone Shor Bay S^eruice, . Ur \ 'y f . Office Phone ^9/ O I OWNERSHIP/OPERATION Fee Owner (if different than above) Address __________________ Phone BUSINESS ORGANIZATION: (Check applicable item) jX individual ownership ____ partnership _corporation List the name of each partner or corporate officer and their title: L211 t.'A’ uRuHO fJ.V4.C5 OFFICE i Til 0.11 A wv 01 OEM 200, DC CHECK Vu 200. Oi RECEIPT-TH^K YOU n269470 COOl ROl T15- ------------ 03/29. Name of the marina manager responsible for daily operation: MicK^el r f I • List the minimum number of employees on duty when the marina is open to the public during the boating season: / dock attendants ____ repair or service personnel ____ others available for sales/public inlormation, etc. Pace 1 of 4 List every occupani of the property other than tiie Business noted above! Mon'S-______________________ 4. PRINCIPAL BUSINESS ACTIVITY (Check all services offered): 5. 6. in-water slip rental buoy rental dry storage ____ winter ____ in and out service boat launching (day-use ramp) boat rental boat holding tank pumpout X boat clubs repair parts and service fuel sales bait and tackle sales boat and trailer sales charter boat port-of-call other BUSINESS SCHEDULE (Check appropriate items): open all year ^ open during boating season only List proposed hours of operation: dock access retail sales & service ^2_ AM to ^ AM to PM PM MARINA SECURITY is provided by : CARETAKER living on site? _____Mo ST.IPS AND BOAT UNITS List the maximum number of boats in each category. Each slip, mooring or other space acmally used for storage or keeping of boats or watercraft must be indicated and numbered on the dock and site plan submitted with this application. Company Rental Rental Slips/ Other Total Owned Boats Spaces Boats 7. BOATS STOl^D IN THE WATER (for lake use) a. At dock slips C ____ ____ ____ ____ Total Boats ir. Water 0 ____ ____ ____ ____ 8. BOATS STORED ON LAND FOR LAKE USE 9. a. b. c. Inside Buildings Outside on Racks Outside - other means Total Boats Stored on Land for Lake Use TOTAL BOATS FOR LAKE USE (Add 7 and 8)0 Page 2 of 4 10.OTHER BOATS ON PREMISES (SUMMER) a.Transient boats (repair/service) b.New boats for sale (inventory) c.Used boats for sale (inventory) d.Other (list:) Total Inside Building Outside Buildingri 'Z Total 11.OTHER BOATS ON PREMISES (WINTER) Transient boats (repair/service) Contract storage (customer’s boats) Inventory (new & used boats) Other (list: ___________________.) Total Inside Building Outside Building a. b. c. d. Total OFF-STREET PARKING REQUIREMENTS 12.SUMMER PARKING a. Retail sales/service customers 8 spaces minimum ( fl per each 800 s.f. over 1,000 s.f.) b. Boating customers 6 spaces per 10 boats for lake use (.6 x__(line 9)] = c. Launching ramp customers (day use) 10 spaces minimum per ramp = cars cars cars TOT.AL SPACES 13. WINTER PARKING a. [.2 X__(add !uies 12a and 12b)]J-2.cars DOCK CONSTRUCTION 14.CHECK ALL THAT APPLY: ^ Permanent __ Seasonal Pilings:____Wood ^ Concrete Decking: ____ Wood ^ Metal Flotation Method (if used): ____ Foam ^_ De-icing normally used Other A Metal Other 1 1 Barrels Other Page 3 of 4 Jk ATTACHMENTS The following must accompany this application: 1. 3. A CERTIFICATE OF SURVEY indicating the boundaries of the marina property and the authorized dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. A copy of your LMCD UCENSE APPUCATION. A COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee schedule. Initial Application @ $300.00 _____________ Renewal Application @ $200.00 ___________ Each Boat Unit (Line 9) @ $2.00/ea___________ Late Fee (if not postmarked by April 15) $150.00 TOTAL DUE THIS APPLICATION REVIEW PROCEDURE When a complete application is received, the City Council will review the license application and will thereafter pass upon the application per the licensing procedures of Chapter 5. THE MARINA MAY OPEN FOR PUBLIC USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Marina License application, and agrees and authorizes the City of Orono and the City’s designated employees or agents to enter upon the marina property at any reasonable time to perform safety and code co Authorized Signature^TT^ Tide unr\MV> iplia.ncq^ inspections.a /ri0.fL DateninnT) 3 Relationship to Owner Page 4 of 4 ' ‘»V> /as..CITY OF ORONO GENERAL LICENSE N9 ■ 2438 Name of Business:WINDWARD MARINE, INC. Principal Owner: James and Mary Rivers Address 1444 Shoreline Drive_______ Date Issued May 24 , 1993 Date Expires December 31, 199 3 (Issued for License Year 1-1-93 thru 12-31-93) Wayzata, MN 55391 State License No. As a condition of receiving this license, the licensee shall furnish the City with a satisfactory surety bond, and liability and property damage insurance, when repuired by the City Code, and shall have complied with all the repuirements of the City of Orono, per* taining to the particular type of activity or business licensed. This license is non transferable. KIND OF UCENSE Coiinercial Dock/Marina License Septic System Installation and/or Pumper Garbage Hauler Residential Kennel Commercial Kennel Total Amount Paid to City....................... 436.00 $ 436.00 ( 11 > I OP( >N(J) M CITY <»r ORONO P O BOX 66 CRYSTAL BAY, MINNESOTA 65323 PHONE: 473 7367 Signature of City Official Michael P. Gaffron, Asst. Planning & Zonig Admliiistrat] White - File Copy Yellow - Licensee CITY OF ORONO EXHIBIT A LICENSE NO. CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICENSE I.LICENSEE Windward Marine Address 1444 Shoreline Drive License Period - January 1, 1993 to December 31, 1993 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 9? • in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Summer Density per attached plan: Bay Transient Slips Rental Slips -A Company Slips —i Sub-Total: Slips at Dock Offshore Buoys —1 Maximum Boats in Water _4; Dry stacked slip for use in lake Maximum Boats in water per prior license Other Boats (for sale/service, etc.) Janager 0 Browns 118 118 MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER 146 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. Authorized Number of Winter Stored Boats 41,_ (per prior license) Exhibit A License No. Page 2 III. DOCK LAYOUT (reference Exhibits B and C attached) Maximum authorized length of main dock 2(X) feet. Docks extending beyond 200 feet and docks encroaching into required side yard setbacks are hereby specifically declared to be illegal non-conforming structures which are not permitted under this license. The application does not contain such illegal structures. All such violations are subject to prosecution under Sections 5.42 and 10.41 of the Orono Municipal Code. IV. Marina is not authorized for FUEL SALES subject to compliance with the State Fire Code. V. Required number of OFF-STREET PARKING SPACES per Resolution No. 2674 (see variance noted below). VI. SPECIAL CONDITIONS required for compliance with the ordinances of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is • ause for license revocation and/or prosecution by the City. 1.Dock length variance (LMCD Ordinance 3.02 Subdivision (2) (a) Required = 100’ Existing = 200’ Variance = 100’ - Brown Bay Docks. 2. 3. 4. Side setback variance for dock structure on north property line on Browns Bay (LMCD Ordinance 3.02 Subdivision (2) (b) - Refer to Exhibit B. 50 ’ - 100’ required = 30’ existing - 20’ variance = 10’ 100’ - 200’ required = 40’, existing = 20’, variance = 20’ Side setback variance for dock structure on south proj^rty line on Tanager Lake (LMCD Ordinance 3.02 Subdivision (2) (b) - Refer to Ei^ibit C. 0 - 50 ’ - required 20’, existing = O’, variance 20’ 50 ’ - 100’ - required 20’, existing = 2’ variance 18 ’ 100’ - 200’ - required 20’, existing - .8 ’. variance 19.2’ Side setback variance for dock structure on north property line on Tanager Lake (LMCD Ordinance 3.02 Subdivision (2) (b) - Refer to Exhibit C. 0 - 50 ’ required = 60 ’. existing = O’, variance = 60 ’ 50 ’ - 100’ required = 60 ’. existing = 0’ with 4’ overhang, variance * 60 ’ 100’ - 200’ required = 60 ’, existing = .3’, variance = 59.7 Exhibit A License No. Page 3 VII. 5.Per Exhibit D attached, off-street parking variance to Orono Zoning Code Section 10.41 Subdivision 5 per Resolution No. 2674: Required = 77 spaces Proposed = 73 spaces Variance = 4 spaces - 47 stalls to be provided on Tanager Lake side - 26 stalls to be provided on Brown’s Bay side 6.Variances to landscape requirements, structure setbacks, hardcover, and accessory structure separated from principal structure by a roadway, per variance approval Resolution No. 2674. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinaiwes as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. i m -TA^Ai»ei^ L^>c.c~ ( VO Pr*^r4y lt"«< €Ttitnfi^ ..:ir* r- •: •.- --r.* -ini. v.;; ; ..;' -...v-rr.;::::: -v*. ‘•' ^ •:•'*.• ^ *“ * * “*’ >•;. ..-.V • :* - •*•*—• * **'' — Scale: fj0±e. : |i« # JO REC£iv£0 NOV 18 1381 I M.C.D- ^ • •'m ^ • ••• • •l.u • tm ••••^' «/**«•* A* * I I . I • •* •• ; i I ■ t .t • • * * /' a<^ j *j j n * -»- • • ‘ f! " •' : Iw iJ 1 '^5 L CITY OF ORONa City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ----—--------- B /_lC«rAiSF AJO, A RESOLUTION GRANTING yj^RXANCBS TO SECT?Sf ,^5 ■ga4?S 10.41, SOBDIVISIOH 7 (A) 3, ®®‘^°i0^4i*^SOTOmSIOH°iO (D) AND ............... 10 (C) SECTIU D givers of Windward Marine, Inc-, WHEREAS, James the owner of the P/=>P®5ri (hereinafter - Y prooerty"): and Exhibit A, attached (hereinafter -he pr . Y . loflfl the City aoproved a WHEREAS, on ..Qjiina^ariances for the commercial, site plan invoiViatg improvement on uoarading:pf Brown’"s Bay sides °^ Brown'ssrs S r V, ;%V; cr - ReoTiired parking stalls, t c 10 41. subdivision 5 - Require v A) S*=”SSq“red'. 77 stalls Existing -76 stalls proposed - 73 or .0S» Variance » 4 stalls or „ Take rated by public roadway - Tanage “Vila's? Bro^'3 Bay side - 2«3 “d* ” - V 3 - variances sought to the B . ^ fa) 3 - Vaxiancea aw-,-- Required - SO purposes) : ?s: of 204 Page 1 of 7 CITY OF ORON^ City of OrtOiN O resolution of the city council NO.2674 $ it .•on 10 41, subdivision 9 (B) - Lnbeshore setback f^r-coUercial structure. -- Required * . • "Existing * 55 Proposed • -q-variance > 46' or 39% Habited Side yard setback for co^ercial strucfure. fiSti : (south Side yard - adjacent to coo^tercial zone) Variance * 5* . • TO (D) - Hardcover varxance i 11 section 10.41, Subdivision 10 (D) ’’ lecuired for ne« construction. Tanager Lake Si e. 9,000 scniare feet0-75’ Setback Area - :#ruu “■ V ^i«ing"-°3,V20 S^are feet or (Application^^ ^"illl'^-’haidLve?proposed at 6,376 s.f. or 75-250' setback Area - 9,700 square feet Eiirting’-^sNso »<!“«• II 9o5*(Application pcopo».d_-^8,810^»^prop„ed at 9,110 s-f- o' ri-F 3 534 square feet of Total reduction on Tanager Lake si reduction in hardcover harLover (Application #1263 2f934 s.fe)» City Council of-a.— ne TT resolved by the cruy v- NOWr therefore# be it KXia Orono# Minnesota: FIHDIHGS ^.viewed as Zoning File ♦1424- 1. This application -as ^„hore Co-ercial 2. The property^is loca e Business District. „>,,•« aoolication Variances ••'■i the following findings. Page 2 of 7 • • • #1 • 1 1 QROW^ City of OROiNO resolution of the city council NO. . ^ ^ t z o / •? 1 K.^r^cove ’* removed as a result of these '"> will'534 s.£. or 19%.improvements wixx 1 '■'Bl ' The removal of the ««%/^i|tonl Structure'at structures and ^y^^^proved in Application #12|3 ■ IsOO ,°"5f/s“LSnse commercial use of thus will result xn a les severely limited property. T will o ’*ovide far more ?teen ^Ua‘\%er tlfe^ approved «it. Application *1263. _ treatment of D) The applicent^has^_P proposal, drainage and -i-n - -oval of 60 0 B, .ne amended .. -;ov°erJllj;^ «i9i.-rarland use has sustained a marxna use fo F) The properwy has , ♦-his application safety and weltar existing 5 The City Council finds tbat^the^=°“‘^„''^t''apply 9*°A'*ihS li^ht, "°^o^erty; would not alle^i*^® M.f.nIMe. to d“ V Page 3 of 7 • ^ p ^ V- CITY I OF ■ ORONa City of OROIVO resolution of the city council 2674 CONCLOSIOHS, ORD® CONDITIONS • . Base. uooD one or »ore ‘.e^f f/??* ^So^et fe?«;n=4 oronp ■ City oofti on and cons tru=tx - ^ ro^ercfal s\Uture of ,r.nts appr-al of the as Windward Marxne, m=., and^^^ °» /L*T/1 V3% su'b^jecf to® t?e commercial sire P*^ -q revised date 6/14/ayt su j construction, job #J a060, following condi> commercial 1 P--for to issuing a ^'^-^^”Jition ^permit for the>hshv.sir .“s.: by the applicant: E„,inaer of final grading and :la<fare°:ta^s-for the* /elocated parking area. Acreement :>o) Applicant bitten aVl50% of the cost of the' required , Jiorovements required by th the landscapxnc and sx this property. City as a result of tne . y 4B _ __. Mm Mm -h area in the soutiiws=s,w------eiinno0($550.00 pe^'7: provided with an automatic sp Building Code, Appendxx E. -hall be 5. Appropriate soil "°e“t anrultil permanent L%S“^‘n-c®olt?o\® if if :«a- Applicant shall to®“sur“ adequate customer fingflairi^Ing'SLntel boat storage months.wi Page 4 Ox.£ 7 • ^ [V ’j I CITY I OF 1 QRQNa City of ORONO resolution of the city council NO.2674 -4. ^r,+- of Public Works has approved the 7. The Hennepin to the followxng relocation of tne cu ^ conditions: - •.tions: - • • , . ^«nce to be defined by bituminous curbing, a) New entrance Py _ , . . , . saw-cut or curbed 6-io rim’’county Road IS. .1 ana . 3 r-aflecting these requirements d) An engineer's apolication to the County,should accompany the permi. ap. •*»7tri W3.tn wi shouia a'=cuuifc>=.**j------ .*,k fhe e Authorities granted by t.is »solut^^run^«;^^^^^ t ^rope^\ not with for a building pe^it oust be e.xerciseQ by applx council approval, or this -^a^L^^oe wil’^^elcpfre^on tSat date (August It, 1990,.variance wii-*- , 9. Eolation of or non-compliance^wi^^any^^ v\®olf?iln%f conditions of this .^Jcally terminate any author y the toning code, punishable as a misdemeano granted herein, and shall be p . 'granted herein, an understood and 10. The undersigned j^Vesolution and on ieieby agrees to ’assigns , hereby agrees Vo t\Tr’e«rd\“g^f this resolution in the chain of the property. Page 5 of 7 ‘ ! ^ Vi* CITY OF ORONO License Year P.O. Box 66, Crystal Bay, Minnesota 55323 Phone 473-7357 Date application sent to Marina ^APR 1 4 *^83Date application returned to City_____ ‘ ANNUAL COMMERCIAL MARINA LICENSE APPLICATION - Pursuant to Orono Municipal Code Section 5.42, Subdivision 2 - Licensed Required. It is unlawful for any person to engage or participate in the "business of docking, mooring, or storing boats or (operating) a commercial boat dock business” without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION. REQUIRED ATTACHMENTS. AND LICENSE APPLICATION FEE TO THE CITY CLERK BY APRIL 15 OF THE LICENSE YEAR. BUSINESS INFORMATION 1 . BUSINESS OR TRADE NAME ___________ 2. 3. Street Address j , Mailing Address Marina Phone ^ ______ OWNERSHIP/OPERATION / Fee Owner (if different than above) ' fV? Address Office Phone Phone 4-73 osyz^ BUSINESS ORGANIZATION: (Check applicable item) ____ individual ownership ____ partnership X corporation List t^e name of each panner or corporate officer and their title: /i . 44.Jeti-r' Name of the marina manager responsible for daily operation: List the minimum number of emplovees on dutv when the marina is open to the TI:\A.yC£ office during the boating season: 1311100000 / . 01 CE'^ 436.00 /dock attendants repair or service personnel others available for sales-public information, etc. n. 436.00 RECEIPT-Yl^ ;f2iPT50 OOOl POl T15:3 O^/l Paee 1 of 4 6. List every occupant of the property other than the Business noted above: /G A y U c +[^4 0 . f _________________'■ PRINCIPAL BUSINESS ACTIVITY (Check all services offered): X in-water slip rental ____ ____ buoy rental __A ____ dry storage ____ ____winter in and out serv'ice boat clubs repair parts and service hiel sales V boat launching (day-use ramp) boat rental boat holding tank pumpout bait and tackle sales boat and trailer sales charter boat port-of-call other BUSINESS SCHEDULE (Check appropriate items): ^ open all year open during boating season only List proposed hours of operation: dock access retail sales AM to PM & service ^ AM to ^PM t MARINA SECURITY is provided by: /v, CARETAKER living on site?ivenc SLIPS AND BOAT UNITS List the maximum number of boats in each category. Each slip, mooring or other space actually used for storage or keeping of boats or watercraft must be indicated and numbered on the dock and site plan submitted with this application. Company Rental Rental Slips/ Other Total Owned Boats Spaces Boats 7. BOATS STORED IN THE WATER (for lake use) a. At dock slips ____ ____ ____ ____ //^ Total Boats in Water ~UW~ 8. 9. BOATS STORED ON LAND FOR LAKE USE a. Inside Buildings ____ b. c. Outside on Racks Outside - other means Total Boats Stored on Land for Lake Use TOTAL BOATS FOR LAKE USE (Add 7 and 8)y I ^(lo Page 2 of 4 10. OTHER BOATS ON PREMISES (SUMMER) a. Transient boats (repaii /service) b. New boats for sale (inventory) c. Used boats for sale (inventory) d. Other (list:____________________) Total 11. OTHER BOATS ON PREMISES (WINTER) a. Transient boats (repair/service) b. Contract storage (customer’s boats) c. Inventory (new & used boats) d. Other (list:____________________) Total OFF-STREET PARKING REQUIREMENTS Inside Building Outside Building iO Inside Building ly / Tv- Total Outside Building }S 2^ n Total mil 12. SUMMER PARKING a. Retail sales/service customers 8 spaces minimum ( + 1 per each 800 s.f. over 1, b. Boating customers 6 spaces per 10 boats for lake use [.6 .x__(line 9)J = c. Launching ramp customers (day use) 10 spaces minimum per ramp = s.f.) = 13. WINTER PARKING a. (.2 X __(add lines I2a and 12b)] POCK CONSTRUCTION TOTAL SPACES cars cars cars ”7 cars 14. CHECK ALL THAT APPLY: Y- Permanent _____ Seasonal Wood ____ Concrete Metal Pilings: Decking:Wood Flotation Method (if used): /*'C ___ ream ___ De-icing normally used Metal _____ Other_____ Other Barrels Other Page 3 of 4 ATTACHMENTS The following must accompany this application: 1 A CERTIFICATE OF SURVEY indicating the boundaries of the marina property and the authorized dock use area, the location ol all structures, storage areas, docks, slips, buoys, launching lamps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. 2. A copy of your LMCD LICENSE APPLICATION. 3.A COMMERCIAL MARINA LICENSE APPLIC.ATION FEE according m the current City fee schedule. 'I Ck Initial Application @ S300.00 _ Renewal Application @ $200.00 ___________ Each Boat Unit (Line 9) @ $2.00/ea ^"3 yg____ Late Fee (if not postmarked by April 15) $150.00 TOTAL DUE THIS APPLICATION s 4^3 d REVIEW PROCEDURE When a complete application is received, the City Council will review the license application and will thereafter pass upon the application per the licensing procedures of Chapter 5. THE .MARINA MAY OPEN FOR PUBLIC USE ONLY UPON .APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Marina License application, and agrees and authorizes the City of Orono and the Cir/’s designated employees or agents to.^nter upon the marina property at any reasonable time to p)erform safety and code compliance insj^tions. 4/Authorized Signal u' ^Date Title Relationship to Owner J>/i Pace 4 of 4 t ^ ‘. .V'.. ..A. .Sk^CITY OF OKONO CKNKRAI, UCKNSU N? 2439 Name ol Business: MINNETONKA BOAT WORKS div. nf Principal Owner: GENMAH INDUSTRIES, INC. Address 294 East Grove Lane, Box 549 Wayzata, MN 55391 Date Issued May 24 , 1 QQ3 Date Expires December 31# 1993 (For License Year 1-1-93 thru 12-31-93) State License No. As a condition of receiving this license, the licensee shall furnish the City with a satisfactory surety bond, and liability and property damage insurance, v^hen required by the City Code, and shall have complied with all the requirements of the City of Orono, per taining to the particular type of activity or business licensed. This license is non transferable. 1 KIND OF I.K’KNSK Canmercial Dock/Morina License Septic System Installation and/or Pumper Garbage Hauler Residential Kennel Commercial Kennel Total Amount Paid to City....................... $ $ ^ 428.00 I M CITYofOROXO P O BOX 66 CRYSTAL BAY. MINNESOTA SS32J PHONE 473 736/ Signature of City Official White - ^ ''“St. Administrator * •.! ! CITY OF ORONO EXHIBIT A LICENSE NO. CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICENSE I. LICENSEE Minnetonka Boat Wor'<<i Inc._________________________ Address 1449 Shoreline Drive License Period • January 1. 1993 to Deceml'cr 31, 1993 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year ’s license. Authorized Summer Density per attached plan: Bav 0 Transient Slips Rental Slips Company Slips Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Browns Tanacer 0 48 114 117 Dry stacked slip for use in lake Maximum Boats in water per prior license Other Boats (for sale/service, etc.) MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. Authorized Number of Winter Stored Boats (55 per prior license) * Per LMCD approval. City in 1989 allowed increase in boat density with concurrent parking/stormwater upgrades. Exhibit A License No. Page 2 IV. V. VI. vn DOCK LAYOUT (reference E.xhibits B & C attached) Maximum authorized length of main dock 100 feet (from shoreline). Docks extending beyond 200 feet and docks encroaching into required side yard setbacks are hereby specifically declared to be illegal non-conErming strucmres which are not permitted under this license. The application does not contain such illegal structures. .All such violations are subject to prosecution under Sections 5.42 and 10.41 of the Orono Municipal Code. Marina is not authorized for FUEL SALES (subject to compliance with the State Fire Code). Required number of OFF-STREET P.ARKING SPACES 68_. SPECIAL CONDITIONS required for compliance with the ordinances of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the Citv. 1 The following variances were granted via'Resolution No. 2683 on May 22. 1989; A. B 0-75’ hardcover of "25.609 s.f. or 15.48%" (current corrected hardcover = 24 q'’! s.f. or 19.9% of recalculated 0-75’ area of 123.000 s.f.) iSi >IE: 75-250’ hardcover = 5970 s.f. or 29.9% of 20.000 s.f. 75-250’ zone (See Exhibit D attached). Conditional Use Perrnit/Variance for land alterations in 0-75’ lakeshore protected area. Nothing in this Iicen.se sha': confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manne; permitted by this resolution, but the use of Lake Minnetonka and the premi:.?s shall remain subject to such regulations and ordinances a'^ the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. Issuance of this license is not intended as a confirmation of licensee’s conformity with all ordinances regulating the site condition and operation jf the commercial use. Jline). :d side yard setbacks are which are not permitted ires. All such violations no Municipal Code. ith the State Fire Code). s of the City and/or the with these conditions. 1 and/or prosecution by on May 22, 1989: coirected hardcover = .000 s.f.) >.000 s.f. 75-250’ zone s in 0-75’ lakeshore ny property any vested this resolution. l»it the siuth regulations and deem mcessary from dcd as a confirmation IS and t3^ration of the •j '.f h > I V ■ I ■a •V •V * •* T! ;s •I»• •* •V . ►;A • 'jV -ii .1 \V! • i • A *1 •J •o! ’ <* * m ,•I **;■ i I • « 4 , If.. 4 ! .1 i:f I JL- I il !i SI f 5zz '4 S I 3 O O » 8 M X (/I J 8 3 6 ooa i Mc M I" • s M VI Os s« O #• '■f sai So S so s 0 1n n 8 I R •i M M in I r,u R ^ I I 1 tT| v4 1 J r:a%uo w \f\• OJL U o >Ncou«u o caaoccs •o onc/> c u o0uCN Cl 1 O^V M C 3 VUi s to O i f- • 4. *o •o * f TfeMi? exT. /^5/ - /// 6^^ rrL^^') v/3 ^ uK-’-^ZZBi "^vi, C- fS>!^A LuAjq^^O MAR 7 =90 ^ • roWB • «V£>o ft* IfS mt/t, ^ 2(»V^ t> r tfiril , P •/£Luf r !<>it> < fftWt H * ?r-VO t T n> r'9r>i' »ss- 7’ U>-tOr lUtO H-* tto;*2.0 s txoo A* BJ/ru'1 • <|Vr Al ' i.U;rxC» - yt& ^•/,‘/Zl a ' irjLli ^ ^ *V-» * ft- ‘iivxf* poo i i i9»t8 * lt>*/7 T* to/'to *• - 5*170 jf.30,^° ir»70 imia Kiistino SNOftami ^*STl«#0 DOCKS ^HOrOSCD DOCKS ^OlAL DOCKS S«tO IK • • Sl/FS ii tUfS 114 SUfS i’Kisiuio kahkiiiq ^ftOFOSCO KAHKINQ lOlAL KAHKINQ CITY OF ORO.NO P.O. Box 66, Crystal Bay, Minnesota 55323 Phone 473-7357 License Year 92 Date application sent to Marina Date application returned to City V ■ 1 ^' ANNUAL COMMERCIAL MARINA LICENSE APPLICATION - Pursuant to Orono Municipal Code Section 5.42, Subdivision 2 - Licensed Required. It is unlawful for any person to engage or participate in the "business of docking, mooring, or :>oring boats or (operating) a commercial boat dock business" without first having obtained a license therefr from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CIT\ CLEPJC BY APRIL 15 OF THE LICENSE YEAR. BUSINESS INFORMATION 1. BUSINESS OR TRADE NAME Minn^^*"****^^ wnrtcg _____ Street Address 1449 shoreline brive, Orono ________________ Mailing Address 2 94 East Grove Lane, Wayzata MN 55391 Marina Phone Office Phone ifitCK riTv nc nQnkin f Ur I A t- fc-r nL’Zrnifu i cu"* L/ • vv OWNERSHIP/OPERATION 4^^ m Ol linTIFT-lMiS r&) Ti I im 7 n I * nr). yn j 7f)Q ! 04/13'Fee Owner (if different than above) owned bv; Genmar Industries^ Inc.____ Address Phone 100 South 5th Street, Suite 2400, Mpls MN 55402 347r.79QQ BUSINESS ORGANIZATION: (Check applicable item) ____ individual ownership ____ pannership _corporation List the name of each partner or corporate officer and their title: Robert Sutter, President Arlyn Lomen. Vice President_ _ _ _ _ _ _ _ _ _ _ _ __ Name of the marina manager responsible for daily operation: Beth Whittaker List the minimum number of employees on duty when the marina is open to the public dunng the boating season- 1 dock attendants 1 repair or service personnel 1 others available for sales public information, etc Page 1 of 4 List every occupant of the property other than the Business noted above PRINCIPAL BUSINESS ACTIVITY (Check all services offered): \/ in-water slip rental ____ boat clubs ____ buoy rental y dry storage \/ winter f\/ri in and out service __boat launching (day-use rarnj^" __ boat rental boat holding tank pumpout repair parts and service fuel sales bait and tackle sales boat and trailer sales charter boat pon-of-call other BUSINESS SCHEDULE (Check appropriate items): ____ open all year \/^ open during boating season only / ^ AM to //. PM ^ AM to (r) PM List proposed hours of operation: dock access retail sales & service 6. MARINA SECURITY is provided by: M/) il iOr :n CARETAKER living on site? SLIPS AND BOAT UNITS List the maximum number of boats in each category. Each slip, mooring or other space actually used for storage or keeping of boats or watercraft must be indicated and numbered on the dock and site plan submitted with this application. Company Rental Rental Slips/ Other Total Owned Boats Spaces Boats 7. BOATS STORED IN THE WATER (for lake use) a. At dock slips ___________ ____ / )l Total Boats in Water ___________ 1____ //*•/ 8. BOATS STORED ON LAND FOR LAKE USE ^ a. Inside Buildings ?■Outside on Racks Outside - other means Total Boats Stored on Land for Lake Use 'c'9.TOTAL BOATS FOR LAKE USE (Add 7 and 8) Page 2 of 4 10.OTHER BOATS ON PREMISES (SUMMER) a. Transient boats (repair/service) b. New boats for sale (inventory) c. Used boats for sale (inventory) d. Other (list:___________________) Total Inside Buildint! r Outside Building o /A .'a Total 11.OTHER BOATS ON PREMISES (WINTER) Transient boats (repair/service) Contract storage (customer’s boats) Inventory (new & used boats) Other (list:___________________) Total Inside Building a. b. c. d. Outside Building O ■J20 ' O Total OFF-STREET PARKING REQUIREMENTS 12.SUMMER PARKING a. Retail sales/service customers 8 spaces minimum ( + 1 per each 800 s.f. over 1,000 s.f.) fi.')anng customers h spaces per 10 boats for lake use [.6 .x (line 9)] = Launching ramp customers (day use) 10 spaces minimum per ramp = TOTAL SPACES b. cars cars c. cars 13. WINTER PAmNG [.2 xii(a.(add lines 12a and 12b)]id cars >CK CONSTRUCTION 14. A- CHECK all that APPLY: / jrmaaent ____ Seasonal _ Wood ____ Concrete \/ Wood N^tal Poam Pilings: Decldng: De-icing normally used Metal Other Flotation Method (if used): _ Other_ Barrels Other Page 3 of 4 ATTACHMENTS The following must accompany this application:APRI % • i • - • ^ » • ^ ^ U ^ WW 1. 2. 3. A CERTIFICATE OF SURVEY indicating the boundaries of the marina property ana the authorized dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. to,4^^ ^ A copy of your LMCD LICENSE APPLICATION. A COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee schedule. Initial Application @ S300.00 Renewal Application ® $200.00 < /Tn. . ANEach Boat Unit (Line 9) @ $2.00/ea _____ Late Fee (if not postmarked by April 15) $150.00 TOTAL DUE THIS APPLICATION $ REVIEW PROCEDUHF. When a complete application is received, the City Council will review the license application and will thereafter pass upon die application per the licensing procedures of Chapter 5. THE MARINA MAY OPEN FOR PUBLIC USE ONLY UPON .APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Marina License application, and agrees and authorizes the City of Orono and the City ’s designated employees or agents to enter upon the marina propeny at any reasonable time to perform safety and c^e^ora^liance inspectii Authorized Signature'Xc^i:^""^ " > ■ '<~ Tide 77? Relationship to Owner netx.^ Paae 4 of 4 MiL i lLand ihc buoys, scaping changes current requiredtent City BBS888S388838na v:CITY OF ORONO C.FNERAI, I.ICENSE 2435Name of Business:Principal Owner:LAKESIDE MARINA, INC.James J. Dunn, PresidentAddress3324 North Shore DriveWayzata, MN 55391 ^ , . May 24, 1993Date Issued _____i---------------------------_ _ December 31, 1993Date Expires ------------------------------------(Issued for License Year 1-1-93 thru12-31-93)State License No. —=---------------------As a condition of receiving this license, the licensee shall furnish the City with a satisfactory surety bond, and liability and property damage insurance, when required by the City Code, and shall have complied with all the requirements of the City of Orono. pertaining to the particular type of activity or business licensed. This license is non transferable. icaiion and KIND OK LICKNSK Ccranercial Dock/Marina License Septic System Installation and/or Pumper Garbage Residential Kennel Commercial Kennel Total Amount Paid to City..................... $354.00 I Orono City ,f Oroao and sonablc tunc ( • T 1 O H U N o\ <]|TYof ORONO P O BOX 66 CRYSTAL BAY, MINNESOTA 65323 PHONE 473 7357 Signature of City Official White - File Copy Michael P. Gaffron, Asst. Plaruiing 6 Zonint^ Adninistrator Yellow - Licensee CITY OF ORONO EXHIBIT A LICENSE NO. CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICENSE I.LICENSEE Address Lakeside Marina. Inc. 3324 North Shore Drive. Wavzata. MN 55391 License Period - January 1, 1993 to December 31, 1993 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, buoys, or dry stack slips exceed the number permitted in the prior year ’s license. Authorized Summer Density per attached plan: Bay ________ Transient Slips _____ Maxwell Rental Slips _____ —il— Company Slips _____ —Q— Sub-Total: Slips at Dock _____ .J2.— Offshore Buoys _____ —0— Maximum Boats in Water _____ —12— _ Dry stacked slip for use in lake Maximum Boats in water per prior license Other Boats (for sale/service, etc.) MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER Exceeding this maximum boat density, or exceeding the number of permitted slips, lilts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 10.41 of tfie Orono Municipal Code. Authorized Number of Winter Stored Boats 80 (per prior license) Exhibit A License No._____ Page 2 III. DOCK LAYOUT (reference Exhibit B attached) Maximum authorized length of main dock 200_teet (see item VI-1C). Docks extending beyond 200 feet and docks encroaching into required side yard setbacks are hereby specifically declared to be illegal non-conforming structures which are not permitted under this license except as noted below. This application does not contain such illegal structures. All such violations are subject to prosecution under Sections 5.42 and 10.41 of the Orono Municipal Code. IV. Marina is authorized for FUEL SALES subject to compliance with the State Fire Code. V. Required number of OFF-STREET PARKING SPACES 68_. All such spaces must be maintained available on the property during all summer season hours of operation. VI. SPECIAL CONDITIONS required for compliance with the ordinances of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. Council acknowledges the following side setback and length variances to LMCD dock regulations allowing the current dock layout per attached Exhibit B (".esignating 77 slips on Maxwell Bay . 1. A. B. C. East end, south dock; required 15 ’. allowed 10’ East end, north dock; required 20’. allowed 15 ’ Fuel dock extends 25’ past 200’ limit for safery. Council will continue to deny any future extension of Lakeside .Marina’s commercial use of residential zoned property on Cry.«:tal Bay based on the following findings; A. There is adequate area and lake access provided on the Marina’s lakeshore commercial proper^ on Maxwell Bay. B. The proposeo commercial use in a residential area adversely affects the value and use of surrounding properties C The use of a dock across the road fiom *he commercial operation causes traffic and pedestrian problems. D. Such use would be adverse to ths intent of the Comprehensive Plan and the Zoning Code. Exhibit A License No. Page 3 VII 3. Council will hold in abeyance further action to required adhtience to the 1981 approved landscape plan for the east side of the property subject to resolution of the future use of the adi .cent DNR property and on the condition that applicant and the Council reach a timely agreement on a revised comprehensive landscape plan to be developed by the applicant with Council/staff input. 4. Council hereby specificaliy refuses to license the proposed expansion of use which - would result in as many as 30 to JO boats stored on land for lake use. Such use would constitute "increases in the rental of slips" at this commercial manna, which increases have been declared to be detrimental to the health, safety and welfare of the public per items 37 (A) through 37 (F) of City Council Resolution No. 938. 5. Continuation or expansion of beat storage on land for lake use shall be cause for revocation of this license. Nothing in this license shall confer upon any person for the benefit of any property any vested right to i se Uke Minnetonka or the premises in a manner permitted by this resolution but the use of Uke Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary- from time to time in the public interest. r w I t li I V t Tl.ls survey has not been accepted by tb. UlCD Board. It will be presented (orapproval, with the nnmbering o( the slips reviewed at the Hovembet 14. 1992 Water Structuresrecommendation at the 12/2/92 Board meeting. _ r ___— --j:—Y1--JWgN(#til %«%XrU•t • t •t •4 cL is*rl 1 . c DOCK LOCATION SURVEY FOR LAKESIDE MARINA PROPERTIES . IN GOVT LOT 1. SECTION 8-117-23 ANC LOTS 6 & 7. LYDIARD’S PARK HENNEPIN COUNTY. MINNESOTA ^PM 10 5\\r» )(# RCUUVIuj OCT 11992 © »-M CD. PP -A lOU Note: ihu numbering as recommended by the Water Structures Committee at its 10/10/92 meeting. Lakeside: Subject to Order of 4/22/81 and to stipulations of 1/28/87 that "No Parking" signs be installed on thi open ends of the westerly dock sectloi ^ to prevent boat parking. . 1 ■WP CITY OF ORONO P.O. Box 66, Crystal Bay, Minnesota *>5323 Phone 473-7357 License Year ^3 Date application sent to Marina Date application returned to City ANNUAL COMMERCIAL MARINA LICENSE APPLICATION - Pursuant to Orono Municipal Code Section 5.42, Subdivision 2 - Licensed Required. It is unlawful for any person to engage or participate in the "business of docking, mooring, or storing boats or (operating) a commercial boat dock business" without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION. REQUIRED ATTACHMENTS, AND UCENSE APPLICATION FEE TO THE CITY CLERK BY APRIL 15 OF THE LICENSE YEAR. BUSINESS INFORMATION 1 . BUSINESS OR TRADE NAME 3. Street Address Mailing Address _ Marina Phone L4'? h OWNERSHIP/OPERATION Fee Owner (if different than above) Address i£- Office Phone Phone tin TW^ OFFICE 1311300Q00 01 CES 354.0-corporation List the name of each partner or corporate officer and their title: fis _____it ^l(■ _______ 04/19- BUSINESS ORGANIZATION; (Check applicable item) ____ individual ownership ____ partnership Name of the marina manager responsible for daily operation: U f 7*~~ uj / /*) i>/ List the minimum number of employees on duty when the marina is open to the public during the boating season: ____diK'k attendants ______ repair or service personnel others available for sales/public information, etc. ■L ^I Page 1 of 4 List every occupant of the property other than the Business noted above: _________^ i'^j} 7~ ^ \fjt f-)________________________________________________ f/l-Z 4. PRINCIPAL BUSINESS ACTIVITY (Check all services offered): in-water slip rental boat clubs __ buoy rental diy' Stdr}' storage winter in and out service Repair parts and service fuel sales launching (day-use ramp) U' ybozi rental [y boat holding tank pumpout it and tackle sales ^^at and trailer sales ^at port-of-call 5. other BUSINESS SCHEDULE (Check appropriate items): &oaT all year ____ open during boating season only AM toList proposed hours of operation: dock access retail sales PM 6. & service ^ PM MARINA SECURITY is provided by: r ) CARETAKER living on site? SLIPS AND BOAT UMTS List the maximum number of boats in each category. Each slip, mooring or other space acmally used for storage or keeping of boats or watercraft must be indicated and numbered on the dock and site plan submitted with this application. Company Rental Rental Slips/ 0th' * Total Owned Boats Spaces Boats 7. BOATS STORED IN THE WATER (for lake use) a. At dock slips ____ ____ ____ ____ yy Total Boats in Water ____ ____ ____ ____ yp 8. 9. BOATS STORED ON LAND FOR LAKE USE a. Inside Buildings ____ b. Outside on Racks ____ c. Outside - other means ____ Total Boats Stored on Land for Lake Use ____ TOTAL BOATS FOR LAKE USE (Add 7 and 8) 3Qzs:o /o7~iy? Page 2 of 4 ; f 10. OTHER BOATS ON PRE\?:SES (SUMMER) a. Transient boats (repair/service) b. New boats for sale (inventory) c. Used boats for sale (inventory) d. Other (list:__________________) Total Inside Building Outside Building /5 70JLIW 1*^0 Total t • 11. OTHER BOATS ON PREMISES (WINTER) a. Transient boats (repair/service) b. Contract storage (customer’s boats) c. Inventory (new & used boats) d. Other (list:__________________) Total OFF-STREET PARKING REOLTREMENTS Inside Building Outside Building MO -/SC Total fllli 12. SUMMER PARKING a. Retail sales/service customers 8 spaces minimum ( + 1 per each 800 s.f. over 1, b. Boating customers 6 spaces per 10 boats for lake use (.6 x__(line 9)] = c. Launching ramp customers (day use) 10 spaces minimum per ramp = TOTAL SPACES s.f.) =cars cars cars 13. WINTER PARKING a. [.2 X (add lines 12a and 12b)]cars >CK CONSTRUCTION 14. CHECKBOX THAT APPLY: <>^ermanent ____ Pilings: ____ Wped __ Decking: ^x^Wood Seasonal Concrete Metal Flotation Method (if used): De-icing normally used Metal ____ Other____ Other__________________ Barrels Other •« 'I Page 3 of 4 ATTACHMENTS The following must accompany this application; 1 2 3 A CERTIFICATE OF SURVEY indicating the boundaries of the marina property and the authorized dock use area, the location ot all structures, storage areas, docks, slins, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping leitures. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. A copy of your LMCD LICENSE APPLICATION. A COMMERCIAL MARINA LICEHSE APPLICATION FEE according to ihe current City fee schedule. Initial Application @ $300.00 _____________ Renewal Application @ $200.00 ___________ Each Boat Unit (Line 9) @ $2.00/ea___________ Late Fee (if not postmarked by April 15) $150.00 TOTAL DUE THIS APPLICATION S _35V REVIEW PROCEDURE When a complete application is received, the City Council will review the license application and will thereafter pass upon the application per the licensing procedures of Chapter 5. THE MARINA MAY OPEN FOR PUBLIC USE ONLY UPON .APPROVAL OF THE LICENSE BY THE CITY COUNCIL. r^ursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Marina License application, and agrees and authorizes the City of Orono and die City’s designated employees or agents to enter upon the marina property at any reasonable time to perform inspection^ ^ Authorized Signatufe^ Tide Date Relationship to Owner Page 4 of 4 -f^ • r 1.0 May 16.1993 Orono Mayor and City Counal P.O. Bcdc 66 Cry'Stal Bay, Minnesota, 55323 Dear Mayor and City Counal Members: It is Spring once again and as in past years nothing lyls changed with the workings of Lakes’de Marina or what ever it happ^s to be called this year. VVe own the property at 3332 North Shore Dnv^oirealy to the West of the Marina We have put up more than anyone shmld have to deal with for years. This is being written early with hopes trat some watchful policy City Counal and LMCD can keep Mr. Dunn \A line with the rules. The parking lot at the Marina is so filled wim boats that there is no place for their customers to park except on our property or on the shoulde^^ the road. 1 was told by one of the custom^ who I informed he was on public property that he was told by "Mke ” it was perfectly O. K. to pai k where he did. 1 am asking the help of the Orono Police to tag cars illegally parked in front of our property. Mr. Dunn is continually parking boats in the set bade area on the west side of his docks* does not have the required No Parking signs or fendng up along his docks and has boats parked everywhere and anywhere in and out of the water. I am asking you to make a sincere effort to look closely at the way in which rules are broken at this Marina I ask the Orono Police tomoniter the parking. It is with som.e hepe and help from you, the LMCD and the Police that for once we could come to our "summer place" and have a relaxing afternoon without having to otiierve rules being broken fcy one Mr. Dunn and his uninformed employ'ccs. Sii^cly, ^ *^andy Kambcrg / 5108 Woodluwn Boul(»v'ard Minneapdis* Minnesota, 55417 cc Orono Pdice LMCD c RESOLUTION NO. 938 RESOLUTION REFUSING TO GRANT INCREASED DENSITY TO ANY COMMERCIAL UNIT IN THE CITY OF ORONO ON LAKE MINNETONKA WHEREAS, the City of Orono is a municipal corporation organized and existing under the laxvs of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq. to protect the health, safety and general welfare of the citizens o the City of Orono and other members of the public within the City of Orono, and WHEREAS, within the City of Orono there exist several commercial marinas engaged in the business of renting slips and mooring spaces on public waters, and W’HERE.AS, the City of Orono has determined that such 'commercial activity on public waters within the City of Orono and on the land within the City of Orono is subject to the regulations of the City of Orono, NOW THEREFORE, BE IT RESOLVED, that the City Council of the following findings of fact concerning commercial marinas located within the City of Orono and located on Lake Minnetonka: 1 Minnesota Statutes, State Statute 412, et. seq. and^ State Statute 462, et. seq. grant to the City of Orono the authority and responsibility to regulate the on-land activities of cor^ercial which activities may adversely affect the health, safety welfare of the citizens of the City of Orono and other members of the public within the City of Orono. 2. The primary harbor limit of the City of Crono is 300 ft. lakeward from che ordinary high water mark of Lake Minnetonka. Resolution No. 938 Page 2 Ej I 3. Because of the geographical location of the marinas and their proximity to heavy population, and the access to marinas by county and city roads, and the general use of the bays of Lake Minnetonka for recreation by way of swimming, boating, fishing and water sports by the citizens of Orono, the city regulates both the on-land activities of m.arinas and the extensions of docks and mooring areas into Lake Minnetonka in the interest of p\:blic order and to protect the life, safety and welfare of the community. The City •{.ts regulations is not licensi.ng boats b’Jt is only licensing the marinas to the extent the marina operations affect the general public and the adjacent properties within the City of Orono. 4. The City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the LMCD and the State of Minnesota. 5. The LMCD and t^e ty of Orono have determined that docks and mooring in excess of 200 feet from the ordinary high water mark of property along Lake Minnetonka is an unreasonable extension of riparian rights into the navigational channels and body of Lake Minnetonka. 6. The establishment of a dock and mooring line neither creates nor destroys the limited rights of the marinas but merely regulates and limits the exercise of whatever riparian rights the marinas may have. 7. Absent such regulations, who would fix and adjust the proper compromise of the obviously conflicting interests of the use of Lake Minnetonka. Only the agencies of the State of Minnesota and the political subdivisions thereof in exercise of the legislative law making and police power can prescribe the rules by which these "public highways" of the ' ike are regulated. 8. The regulation of the navigable waters involves an exercise ofpolice power of the state, LMCD and the City of Orono, all of which have adopted rules to insure to all equal enjoyment of the public rights and to suppress the clashing of public and private interests and resulting public disorder. 9. In many ways the development and management of marinas within the City of Orono are peculiarly subject to the local regulations of the City. Resolution No, 938 Page 3 10. The regulations of the DNR, LMCD and the City of Orono regulate the property rights of the riparian owTiers both as to single family residential ouTiers and the commercial marina^ owners, to the extent prohibiting any interference with the public waters adjoining that property. The LMCD, DNR and City of Orono^ must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian '''.vmers, whether or not they be commercial marinas or single family residential owners. 11. As to Lake Minnetonka, a mutual right of enjo;^ent exists bet^<;een and is shared by riparian owners and the public generally. The marinas have no exclusive privileges over Lake Minnetonka. The only additional private right th^t the marina or any riparian owner may have over the ^.ablic generally is to ccnstiuut one dock to the navigable depth of the public waters. 'Hiere can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in coinmon with all other riparian owners. This right is a right not only to the members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian marina has no exclusive privileges to these rights. 12. As the population has increased around Lake Minnetonka, and in the Twin City Area generally, it is clear that more and more people have used the lake for sailing, rowing, fishing, boating, bathing, skating, and other public purposes which cannot be now fully enumerated or even anticipated. 13 Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users o£ the lake are regulated in such a way as to insure there is no abuse of the limited riparian rights. 14. Tine marina as a commercial riparian owner only has limited riparian rights incident to the ownership of real estate bordering upon Lake Minnetonka. The marina operator has a limited rig t to build and maintain one suitable landing or dock, on and in front of his land and to extend the same therefrom into Lake Minnetonka to a point of’navigability; but, under no circumstances may he encroach into Lake Minnetonka to a point where he impairs the water s for other public purposes or where he unreasonably interferes with the Lrface^w.uer rights of all riparians and members of the public generally. i ¥ I f i Resolution No, 938 Page 4 15. It is a well known fact that marinas in the past have indiscriminately extended their docks far be>ond the point of navigability into Lake Minnetonka in such a way as to greater reduce and destroy the environmental resource of Lake Minnetonka. These excessive lakeward encroachments directly downgrade the water quality, the navigability of the lake, the desirable habitat for various wildlife species which include water and fish. These excessive lakeward encroachments have limited the enjoyment of and use of Lake Minnetonka by other riparian o^N^er* and m^^^b^^rs of the public. Specifically the marinas extension of docks and mooring areas beyond the 200 foot line obstructs navigation and use of the public waters. 16. It is fundamental that a riparian o'.mer's rights are measured by the necessities and character of his use. Tne marinas, for private commercial gain wish to temporarily and, in fact, permanently, alter the use of the surface w*ater in Lake Minnetonka. Certain sections of the lake, once a source of excellent fishing, have been converted and, in fact, in the future will continue to be converted, into a commerc^'al enterprise all to the detriment of other riparian owners and the public. The marinas present operations and contemplated operations far exceed a reasonable use of tneir limited riparian right. 17. me most general public use of water is paramount and should take priority over the excessive riparian use for commercial purposes of the lake by the marinas. 18. The marinas have separated and disassociated from the normal riparian rights in many sections of the public waters on Lake Minnetonka by having extended their docks out into Lake Minnetonka beyond the point of navigability and have tr'nsferred those rights to others who do not have riparian rights and who are not members of the general public who obtain access and use of Lake Minnetonka by use of the public access points along Lake Minnetonka. Such conmercial transfers of the riparian rights c»f Lake Minnetonka have resulted in an abuse of reasonable rtp«jrian access to Lake Minnetonka, Such abuses must be qualified,’ restricted and subordinated to the paramount rights of the public to the public waters of Lake Minnetonka. 19. The character of the change of the use of Lake Minnetonka by the marinas through the years is one that has affected adversely the general public. These changer, are manifestly detrimental to the rights peculiar to the general public. The extent to which the public could otherwise enjoy the public waters of Lake Minnetonka has been changed and detrimentally affected by the expansion of the marinas through the years. Resolution No, 938 P^Ke 5 20. The marinas have failed to show that their excessive use of Lake Minnetonka is in any v;ay reasonable. 21. When the rights of other riparian owners and the rights of the public generally are contrasted with the marinas commercial and excessive use of their limited riparian rights, ir. order to maximize their economic return from harboring additional boats both on and off the public waters of Lake Minnetonka, the marians excessive use of the lake mus't be curtailed, 22. The above findings of fact relate not only to the extension of cfocks and mooring areas into Lake Minnetonka but also relate to the dredging of public waters wnich dredging nas proven time after time to be a detriment to the public, present or future users of the public waters, 23. All of the ccmmercial marinas are located adjacent to properties which are residentially zoned and/or residentially used or are in fact surrounded by residentially zoned and used properties, 24. All of the commercial marinas began as and have historically operated as small fishing ports and bait shops serving the general boating public with boat rental, ^uel, bait and boat servicing. 25. Over the past fifteen years, the scope of commercial marina operations has radically changed to the current emphasis upon showroom sales of expensive watercraft and accessories and the proliferation of slip and mooring rental for the exclusive storage of watercraft on public waters by a limited number of private individuals. 26. Over the past fifteen years, the rental of boats to the general public, the launching and servicing of boats owned by the general public and the sale of bait and fuel to the general public have been reduced, eliminated or made difficult and expensive to Che point of discouraging access for the general public in favor of catering to the few boat purchasers and slip and mooring renters. 27. The new emphasis upon slip and mooring rental has been accompanied by expansion of the number, size and extent ^f dock facilities and off-shore buoys over and upon large areas of P waters thereby creating a public harm by excluding Che general boating and public from those waters. Resolution No. 938 Page 6 28. The expansion of the commercial dockage facilities by commercial marinas has directly and adversely affected the lakeward access for adjoining residential properties. That expansion has also resulted in congested dockage and off-shore buoy facilities which have created a visual blight upon certain areas of Lake Minnetonka, 29. The new emphasis upon showroom sales has been accompanied by immense increases in the number of watercraft, trailers, and parts stored on land as part of inventory for sale with the accompanying on-land zoning problems. These functions could be better handled in the normal commercial zones of the City of Orono without adversely affecting the important environmental resource belonging to the public generally. The general expansion of commercial marina operations along the shore of Lake Minnetonka has been accompanied by the excessive removal of trees and natural vegetation to allow for increased storage areas, parking and buildings, thereby creating a public harm by Increasing surface water runoff and pollution hazards, flooding of neighboring properties, siltation into the lake and a general decrease of the water quality of Lake Minnetonka, # 30. The general expansion of cucmercial marina operations along the lake and the operation of those facilities from dawn to dusk and later, seven days a week, creates continuous noise, litter, dust, garbage, traffic congestion and parking problems for the adjoining neighborhoods. These marina facilities and the activities attendent thereto have become visual blights in residential areas, general public nuisances and a constant source of numerous complaints by adjoining landowners. 31. The lease or rental of dockage on public waters or space upon land for summer season storage of boats for private individuals is not a permitted or a conditional use authorized in 4ny zoning district within which the commercial marinas are located, 32. The rental to private individuals of dockage is therefore and has always been an illegal use of property^ by the commercial marinas and at best can only be considered to oe a legal nonconforming use. The City Council, recognizing the common practice of dockage rental in the past, has issued licenses for a reasonable number of nonconforming slips subject to reasonable perrormance standards established by Chapter 73 of the Municipal Code. Resolution No. 938 Page 7 33. As a condition to the issuance of the 1975 coircnercial marina licenses, each commercial marina operator agreed with the City In writing to an Operations Agreement outlining a three-year phased improvement program established to replace natural vegetation previously removed, to provide for adequate storm water runoff controls, to provide*for open space and vegetation buffers between the marina properties and adjoining residential properties, to provide for adequate parking and traffic control and to provide for reasonable pet'forma ace standards relating to the ncnconfor.:!lng placement and use of docks and mooring spaces upon the public waters. 34, All of the requirements of the 1975 Operations Agreement are reasonable exercises of the normal police powers of the City of Orono intended to correct the previous abuses and overuses of public waters and the coagested commercial marina sites, to correct for tne public harm caused by such abuses and to prevent future abuse of the land or the public waters. 35. All of the requirements of Chapter 73 of the Orono Municipal Code regulating commercial marina operations. Statute 35.100 of the Orono Zoning Code regulating the use of lakeshore business district property and the 1975 Operations Agreement are in full conformity with the applicable regulations and intents and purpose of the Lake Minnetonka Conservation District s regulations for coinmarcial marinas and the State of Minnesota, Department of Natural Resources' regulations for protection of public waters. 36. Itone of the commercial marinas have fully complied ''^^h the 1975 Operations Agreement. There has been a . dlafeLrd faith on the part of the marina operators, who have exhibited disreg for complying with the provisions of the 1975 Operations ^Sreemen and disregard for the legitimate concerns of their residential neighbors and the public at large. 37. Based upon the above findings of fact, includ^g all of the many many meetings of marina operators with the Planning Commission and City Council of^the Orono^Idopts the following policies: A. Further increases in the rental of slips and mooring spaces and extensions of docks into the lake and storage of boats for sale in commercial marinas will create further harm to the environment of Lake Minnetonka including the quality of water and the use and enjoyment of the lake for recreational purposes by the general public and other riparian owners. J r Resolution No, 938 Page 8 B. Further increases in commercial marina operations will create further public nuisances for the residential neighbors of the marinas and the citizens of Orono in general, C. Further increases in commercial marina operations will be deleterious to the property values and the use and enjoyment of the property rights and riparian rights of the residential neighbors of the marinas and the citizens of Orono in general. D. Further increases in commercial marina operations except those services such as boat service, launching, boat rentals and fishing supply sales designed to serve the broad general public are unjustifiable and unreasonable for the above reasons. E, Further increases in commercial marina operations are unjustifiable given the lack of compliance with long- established performance standards requiring traffic and parking control, neighborhood buffers and protection of the public waters. p. Further increases in commercial marina operations are an unreasonable encroachment by marina operators into the public property.rights of other riparian owners along Lake Minnetonka and will be adverse to the health, safety and welfare of the citizens of Orono and members of the public us^ng Lake Minnetonka. G. For the above reasons, all marinas must limit the lakeward extension of all docks and mooring areas to at least two hundred feet from the ordinary high water mark of Lake Minnetonka. H, For all of the above reasons, each commercial marina operator must show why that commercial marina should be allowed to have more than one dock which dock should extend only to the point of navigability upon Lake Minnetonka. j r L:. Resolution No. 938 Page 9 Adopted by the City Council of the City of Orono at a regular meeting held on 29 day of August , 1978. William B Nest, Mayor ATTEST; Walter R. Benson, Clerk/Administrator ■J a:? ' f \ xan.LAKESIDE M/iRINA. uic.$1295 24' —$1560 30’{Raies include inside winter storage)$2700 f Customer Appreciation Picnic Boat Handling Instruction • Boat Surveys • Special Rates on Pontoon & Party Boats BOAT HOUSES NOW AVAI LABLE TO LAKESIDE SLIP CUSTOMERS m moLj A or- ^------------------------------------PURCHASE $995 + $250 (Sot-Up & Storage) 26 $1200 + $250 (Set-Up & Storage) ^ $^ ^50 4- $250 (Set-Up & Storage) *«'-$2995 • ^ ^ LEASE 20 $300/Yr. + $250 (Set-Up & Storage)—~ 11. -r oi oiorage; 26' — $400/Yr. + $250 (Sel-Up & Storage) 30' — $450A'r. + $250 (Sel-Up & Storage) .............................................................. * Iff - 24' ^ s ‘^“*'7'®/ i-®®'’®'’)............ *549 (Show Special - $499 w ,5,^,’•J'i'oside Launch)..... $849 (Show Special -$7991 • Monthly Dry Storage - $3.50/R. oer Mo * n,,u ”7' T.^’,-------- ^OIIUH ♦ Daily or Overnight Docking - .00/Ft. per Day WITH WINTER STORAGE $499 (Show Special -$399) $749 (Show Special - $699) $1049 (Show Special - $999) <V-*- >* . •4 . • »T - ^ .r • ». k • V- *H ■ 1 W 1*^ "‘*-‘—•«« . . ^ - *.ENJOYWORRY'FREE BOATINGSave Over $3500/Year in Boating Expense: Here’s What It Costs: I YEAR INDIVIDUAL MEMBERSHIP: • Full membership—unlimiled use of all boats 7 deys/week..........................$1095/yr (Monthfy payments ol$125 00ptur S395 00 initiation fee or single payment ot $ 1500 00 plus $295 00 initiation fee) • Weekday only membership—unlimiied use ol al boats Monday-Fnday $1395/yr. (Monthly payments of $95 00 plus $250 00 initiation fee or single payment of $1100 (X) plus $250 mitiation fee ) I YEAR CORPORATE MEMBERSHIP: • Full membership—unlimited use of an boats by 2 company executives or key personrtei 7 daysAweek...................S2995/yr (Monthty payments ot $200 00 plus $59500 initiation fee or single payment of $2400.00 plus $395.00 initiation fee.) • Weekday only membership—unlimited use of all boats by 2 company exocuilvos or key personnol Monday Friday......$199S/yr. (Monthy payments of $125 00 ^us $495 00 initiation fee or single payment of $1500.00 plus $395 00 initiation fee ) Payment can be made by Visa. MasterCard, persoruil check or cash The membership fee covers a twelve month period, so it IS good tor a year from the time you sign up MEMBERSHIP FEES DO NOT INCLUDE COST Of FUEL THE BOATER S CLUB FEES INCLUDE THE USE OF WAVE RUNNERS. CANOES WATER SKIS. TUBES. KNEEBOARDS. ETC AT NO additional charge € tav.! Mann* ink Questions Most Frequently Asked About the Boater's Club1. How does the reservation system work?A marnbor » allcMied lnw) prionly retarvalionf on lha txxAft Al Any one Umt. And At ooa it utad anothar can ba booked In June you can latarva lor June and July, and m July lor July and Augisi aleOn a Itrii coma. Iirtl tarvad basit you can can after noon on a given day and mquira about lha availability of boalt lor lhal day or the foaowmg day Available boats are yourt to uta. and thata usat do not count against your pnonty raaarvationa 2. How do I know boats will be available when I want to use them? Tiia Boaiar't Club e fioldmg a ratio ol atgN members per boat We we not overload our boats with members' 3. Are there any charges In addition to the membership dues? The orVy addAional charges are lor the gas you use The boats are lui whan you teava the dock, and wa ftl them up whan you return 4. Am I responsibie for damage to the boat? The mambar is rasponai>la tor lha hrsl tSOO 00 m damage or any damage up lo SSOO 00 5 For how long can I take a boat out? Boats can be rasarved by lha day or hall day Man days are from 6 AM lo 2 PM and 2 PM unli you re through Boats with sleeping capaaty can be used lor overnight campir>g 6. Am / allowed to enf#rta/n friends and clients ? We anco' iraga you lo use lha boats as though they are your own Howavar. lha member must be lha operator of lha boat 7. How can I receive boating Instructions ? Wo hava courses avaXablo lor tirsi lima boaters We also gfva all members mdfvlduai mslruciion in iha use ol each boat pnor to their ustr>g a boat the fust time a. What happens If I have an emergency or break- down on the lake? All boats aia aquippad with VHF radio, and wa monOor Channel 16 unlS 10 00 PM Wa wiH coma oiX and low you m EmargarKy help is also available via Channel 16 aftar 10 00 PM 3. Can more than one member of the family operate the boat? AS tamiiy marnbars over 2t are allowed lo operate the boats if tfiay have been checked out at the use of ea^ boat JHo Btmietk/ CM~ onkAeiMwebay lane lySnnesirw4 Norat Shore 0* (Cty iSt) Way/au Mfl 612/471-8707 Captain a whole fleet of boats ... Fof Ju^»! $125.°°/mo. ' ‘ ^ ^ 'S THE AFFORDABLE WAY TOBeat The High Cost Of Boat Ownership:Here’s How It Works: • The Boater's Club has a fleet of Top of the line* boats available to club members for fishing, skiing or cruising. • Reserve the boat of your choice for half day or full day usage. Reservation desk open from B AM to 6 PM—7 days/week. • There is no limit to the number of tirries you can use the boats. • Boats are available from May 15th to Ocl. 15lh. • You receive individual instruction in the proper use and running ot each boat. • The Boater's Club handles all dockage, maintenance, cleaning and repairs of all boats • The Boats are fully insured with a blanket policy which includes a $500.00 deductible. • All boats are fully equipped with stereos, VHF radios and all Coastguard required equipment. A Great Minnetonka Location Centrally located on Lake Minnetonka between Crystal Bay and Maxwell Bay on North Shore Drive (Cty. Rd. 51). Just 5 miles from Hwy #12 at Wayzata and 6 miles from Hwy #7 Excelsior. For complete details call: 612/471*870T «• - •• •• • • • Capfia/n 77i/s Fleet For Just $1^/Year * X m tv LAMM OHTA MU? CUPOV CAM M TIARA CONTfNiNTALCAiiNCiiyittll r" 119CUOOV CAMN 24 MLUKt JX. RONTCXM MAT 20 COBALT CONOUfIfIC BOW mOCB Beat The High Cost of Boat Ownership ... Compare & Save Over $3,500.00/Year in Boating Expense: t«Md on ■ 20' boot purchoMd at SIS.OOO wHn 1S% down p«ym«nl)PURCHASE 1) Down Payment (15*. of $15,000 purchase price) — 1st year only $2250 00 2) Bank Payments (5 yts at 10”.. interest = $:?70 OO rnonth) $3250 00/yr 3) Dockage on Lake Minnetonka (20 boat at $65 00^11) $ 13(X) OO'yr 4) Maintenance, wintenzing. storage, supplies, upkeep, license S 600 OO.'y' 5) Insurance............................ $500 00/yr FIRST YEAR COS1 (depreciation not included) 1l7SoS~06 RQATER’&£LUe 1) $ 395 00 ................... ........................Down Payment (initiation fee) 2) $1500 00 ANNUAL TOTAL.....................Membership Fee ($125.00/mo ) 3) $ 0 00 .............................. Dockage on Lake Minnetonka 4) $ 0 00 ................ Mainlenance. wtntcri2ing. storage, license 5) __0 00 ........................Insurance $1895 00 ANNUAL COST LAKE MINNETONKA CONSERVATION DISTRICT 9C0 EAST WAYZATA BOULEVARD. SUITE 160 • WAYZATA. MINNESOTA 55391 • TELEPHONE 612.4/3 7033 EUGENE R. STROMMEN. EXECUTIVE DIRECTOR May 13, 1993 BOARD MEMBERS David H. Cochran. Chair Greenwood Tom Penn. Vice Chair Tonka Bay Douglas E. Babcock. Secretary Spnng Park Scott Carlson. Treasurer Minnelrista Mike Bloom Minnetonka Beach Albert (Bert) Foster Dcephavcn James N. Graihwol Excelsior JoEllen L. Hurr Orono William A. Johns'one Minnetonka Duane Markus Wayzata George C. Owen Victoria Robert Rascop Shorewood Tom Reese Mound Robert E. Slocum Woodland Mr. Jim Dunn Lakeside Marina, Inc. 3324 North Shore Drive Wayzata MN 55391 Dear Mr. Dunn: We received your request for a hearing to appeal the conditions imposed on the Lakeside Marina multiple dock license after the 30 days to respond had expired. The Water Structxires Committee, at its 5/8/93 meeting, recommended that you be allowed a hearing before the full Board. The next LMCD Board meeting is 7:30 PM, Wednesday, May 26, 1993 at the Tonka Bay City Hall. The committee said that you should confirm your intent to appear before the Board. Any additional information you would like to present should be submitted in writing for staff review in advance of the meeting. This information will be accepted up to 3r00 PM Wednesday, May 19, for the May 26th meeting. Please confirm your plans to appear before the Board May 26 and that you will be bringing written information in by May 19, by calling either me or Gene Strommen. 1 Sincerely MINNETONKA CONSERVATION DISTRICTT.AK^g MINNETONKA COWSlUtVAixun u Administrative Technician c:J. Hurr D. Babcock M. Gaffron-Orono L ON DISTRICTM * TELEPHONE 612.473-7033 HMEN EXECUTIVE DIRECTOR Vi ** * .J'l - ___i *' I!«.' . idiki . ' j. ..CITY OF ORONO GKNEUAL LICENSE 2436appealLnarespond/93hearing d neeting Tonka Namt of Business:GAYlf'S MMONA OGRPORATIONPrinclp.1 Own..: Cayl8 Wlttlg, President3366 North Shore DriveAddress Date Issued May 24 « 1993 ______Date Expires Decenter 31. 1993 (For License Period 1-1-93 thru 12-31-93)Wavzata. >M 5S391 State License No.As a condition of receiving this license, the licenses shall furnish the City with a satisfactory surety bond, and liability and property damage insurance, when required by the City Code, and shall have complied with ail the requirements of the City of Orono, pertaining to the particular type of activity or business licensed. This license is non-transferable.\ your Iditional lid be idvance of :00 PM ig. B the 3 written nr ae or w # ^ 1I: - 1. KIND OF LICENSE Ccmnercial Dock/Marina License 1 I Septic System Installation and/or Pumper m Garbage Hauler d Residential Kennel 1 I Commercial Kennel Total Amount Paid to City .................... $ 486.00 $______________ t 486.00 C:iTYer<NI09V0 e O BOX 66 CRYSTAL BAY. MINNESOTA 5632J PHONE 473 7357 Signature of City Official White - File Copy Michael P. Gaffron, Asst. Plauining fc Zoning Acksiniatrator Yellow - Lkensn CITY OF ORONO EXHIBIT A LICENSE NO. CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICENSE UCENSEE Gavle ’s Marina. Inc. Address 3366 North Shore Drive. Wavzata. MN 55391 License Period - January 1, 1993 lo December 31, 1993 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in iio case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year ’s license. Authorized Summer Density per attached plan: Bay ------- Transient Slips — Rental Slips — Company Slips __ Sub-Total: Slips at Dock __ Offshore Buoys — Maximum Boats in Water — Dry stacked slip for use in lake Maximum Boats in water per prior license Other Boats (for sale/service, etc.) Maxwell 134 134 134 134 1 MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER JL2i this maximum boat density, or exceeding the number of permitted sl^, lifts or buoys is a violation of this license subject to revocation and/or prosecuckm for violation of Section 5.42, Subdivision 2 of Cie Orono Municipal Code. Authorized Number of Winter Stored Boats__W 19 2QQ Exhibit A License No Page 2 IV V. VII DOCK LAYOUT (reference Exhibit B attached) Maximum authorized length of main dock 200 feet Docks extending beyond 2(X) feet and docks encroaching into required side yard setbacks are hereby specifically declared to be illegal non-conforming structures which are not permitted under this license. This application docs not contain such illegal structures. All such violations arc subject to prosecution under Sections 5.42 and 10.41 of the Orono Municipal Code. Marina is authorized for FUEL SALES subject to compliance with the State Fire Code. Required number of OFF-STREET PARKING SPACES _M All such spaces must be maintained available on the property during all summer season hou^ of operation. SPECIAL CONDITIONS required for compliance with the ordinances of 'he City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.License granted for 134 slips (boats) maximum per prior years in accordance with findings of Resolution No. 1293. 2.Boats may be moored only on the inside (west) side of the gas dock unless said gas dock is located at least 20 feet from the east property line. 3.The lanHcraping and screening required to be installed by the 1975 Operations Agreement have not been completed or mainuined. Issuance of this license does not relieve Gayle’s Marina from responsibility for completion of these requirements. Nothing in this license shall confer upon any person for the beneftt of any property any vested right to use Minnetonka or the premises in a manner permitted by this resolution, but the use of Minnetonka and the premises shall remain subject to such regulatioiis and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. Issuance of this license is not intended as acoitfiimation of licensees conformity with all ordinances regulating the site conditions and operation of the cormnercial use. I It ••IV- 2 * Vi' •••* ►: %4* ••. I • •♦. • ’ • .ilt'V'.-V•.••’.'?•■*• ••*. .I--•••:• * t*.\Vv> r*..:*.i. .. •' ‘ •;?K.Ci‘* V*--• ; • *. ■• •*•1: . ^ • i-'sV.v-'i •■.•■•• .• ■. • T • • • • •. •• ^ ^ • • • ^i. coucrnt • •4 • y /.T^/ ~* • • f • • • • • •* «• « •■ • •• •• I V‘ • - * • • • • • • . • I • • •• . f • *>> . X V - « ^^VUrS A/#4/a44 ^4r$ iQ, ^ i^0 Y« ^ • •« CITY OF aRONCtX M City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 1293_ _ _ _ _ _ A RESOLUTION REGARDING THE NUMBER 0^ SLIPS LICENSED AT GAYLES MARINA IN 1981 the Citv Council on July 13# 1981# sdoptsds-ssrSt ;:s‘ plan# Exhibit B, to Resolution No. 1292; and c.ea. a, NOW, THEREFORE BE IT RESOLVED, ^>’«*=,^^LnasLf°fact: the City of Otono hereby makes the following fin g 1. Gayles Marina has been licensed for 134 slips since 1967. ^i^v^en^r^rii ^rS:?io ’wi???g°loTGiyIes 3. Gayles Marina has more licensed slips than any other marina in the City. 4. Gayles Marina has more boats stored on land than any other marina in the City. 5. The LMCD and DNR classified^^ell W as "Critical" in terms of boat aensxty# / nu^er of boats stored and boats xn use. 6 Section 73.060 of the Orono Municipal Code that regulation of the number of Ixcensed ®Jj P. in the public interest to creasing problems caused by expandxng commercial lake usage. ^ i-j,* ’ • tSf pop£«?i£sh:n So 938 regarding refusal to increase boat density at'anfcSercial marina on Lake Minnetonka. CITY OF OROIMO w • 9. 10. 11. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. /S. _ _ __ tion and use of slips in any way the Marina vilherso long as all slips are located wxthin the LMCD Authorized Dock Use Area. The fact that Gayles Marina has in 1979 complied with the City and LMCD codes and reconstructed ttrdttks to fall within the authorized dock use area rather than extend beyond said area is not compensation for thereafter increasing the number of slips without authorization. At no time did the City promise that additional slips would be approved if the docks were reconstructed as above. The number of slips permitted to occupy waters is a licensed, regulated not a vested right of any commercial marina. This Resolution w.s adopted by the city Council of the City of OrSno on the _l3th day of _Julx . 1981- ATT'SST: "WalSr ty Administrator o o N March 22, 1993 / tie : 4/CeAJ^^ CITY of ORONO Municipal OfBcci Post Ofikt Box 66 Cr>^ Bay, Minneota 55313-0066 Gayle Wittig Gayle ’s Marina Corporation 3366 North Shore Drive Wayzata. MN 55391 RE: Sign Replacement and Liceniing Issues Dear Mr. Wittig: As I'm sure you are aware. I have had discussions with your anomey, James MacKinnon, with reaatd to the issues of landscaping, tree piantings. and the shoreiine buffer zone/nptappmg. are the issues that have resulted in the City CouncU not issuing you licenses for quite a number of years now. I hope that, through Mr. MacKinnon, we wUl make progress this year in resolving these City concerns. The Building Inspections Department advises me they have placed a Stop °!L3i entrance si^ r^l^eraent, which requires a permit. The City Council on March 8 to advise you that should you apply for a permit for sign replacement, a ^rtmt ca^t be issu^ untU you are Ucensed. They also suggested that, out of fairness, you be ^^i^to consiLr any significant expenditures or improvements of the property m light o. the of DNR acquisition of your property. The same could be said for any expenditures on p g or buffer zone improvements. I'm sure this aU sounds like a huge Catch-22, i.e. we won't give you a sign P«^ don't have a Ucense and we won't give you a license because you haven t zone and landscaping regulations, yet we re telling you to perhaps hold off on ^ improvements until the ultimate fate of the property is known. Howev», as w cover letter attached to the 1993 license application f^. the C‘»y licenses to all marinas who apply, and deal with the land^ tolasue vou a Ucense ■merefore. if you make applicanon for a license, the City CouncU and we would be in a position to issue a sign replacement pennit if the sign meets requirements. telephone - 473-7357 • FAX 47341510 In relation to that sign, every commercial property is allowed 1 s.f. of signage for each front foot of nroperty. In your case this would be your frontage along North Shore Drive, which amounts to approximately 212’ for your marina. No individual sign or face of a sign may exceed 50 s.f. (Zoning Code Section 10.61, Subd. 3 (A), copy attached). Note that at Mr. MacKinnon ’s request, when the ice and snow are gone. I will m^e an anooimmcnt with you or your staff to visit the site with the City Engineer to review and inspe« tSriprap, which as I understand it, you feel may have incorporated the necessary runoff filtration system that was discussed in 1983-84-85. Please feel free to contact me at 473-7357 if you have any questions Sincerely, Michael P. Gaffron Assistant Planning & Zoning Administrator cc:Jeanne A. Mabusth, Building & Zoning Administrator Ron Moorse, City Administrator Enclosure: Zoning Code Section 10.61, Subd. 3 (A) MPG/lsv § 10.61 Subd. 2. Signs in "R" Districts. Wiriiin "R" Districts, the following signs are permitted: A. Nameplates. 1. One nameplate sign for each dwelling and such sign shall not exceed two square feet in area per surface, and no Sian shall be so constructed as to have more than two surfaces, no sign snaxx oe nameplate sign for each dwelling group of six or more units, and such sign shall not exceed six square feet in area pec surface and no sign shall be so constructed as to have more than t<(0 surfaces, sign for each permitted use or use by conditional permit other t.han residential and such sign shall not exceed twelve square feet in area per surface. B. Illumination. Symbols, statues, sculptures and integrated architectural features on non-residential buildings may be illuminated bv flood lights provided the direct source is not visible from the public right-of-way or aa^acent residential district. setbacks. Etc. Any sign over one-half square chall be set back at least five feet from any property line. No Sign shall exceed eight feet in height level. Signs may be illuminated but such __gnwing diffused or indirect. Subd. 3. Signs in "B“ and "I" Districts. "^^"®d and "I* Districts nameplate signs and business signs are p subject to the following regulations: Source: Municipal Code Effective Date: 9-14-67 "B-1", *B-2" and "B-4": Size. Within the "3-1 , "B-2" and "B-4" Districts, the aggregate A - space per lot shall not exceed the sum of one square ^ front foot of building, plus one square foot for «* • exceed lot not occupied by a building. No inaividual sign shall exceea fifty square feet. Source: Ordinance No. 172 Effective Date: 1-1-75 B Size Within the "3-3" District, the aggragat. .qu.r^ foo?ag. of sigA space P« ,ll of four square f.«t par front toot of building, plus ona a^ foot pat front foot of propertyindividual sign surface shall exceed 100 square feet. C *I”- Site. Within any "I” aggragata squar^footag; of sign space per lot shall not exceed t..a ORONO CC 381 43-1-84) /vPR 1 4 Date application sent to Marina CITY OF ORONO License Year P.O. Box 66, Crystal Bay, Minnesota 55323 Phone 473-7357 Date application returned to City fS ANNUAL COMMERCIAL MARINA LICENSE APPLICATION - Pursuant to Orono Municipal Code Section 5.42, Subdivision 2 - Licensed Required. It is unlawful for any person to engage or participate in the "business of docking, mooring, or storing boats or (operating) a commercial boat dock business" without first having obtained a license therefor from the City. PLEASE COMPLETE AJX ITEMS AND SUBMIT SIGNED APPUCATION, REQUIRED ATTACHMENTS, AND UCENSE APPLICATION FEE TO THE CITY CLERK BY APRIL 15 OF THE LICENSE YEAR. BUSINESS INFORMATION 1 . BUSINESS OR TRADE NAME Gcmlz’6 f>{aAina Corporation_______________ Street Address 3366 Sho^ VfUvz ----WayzoutcL, MM 55391 _________ 2. 3. Mailing Address MarinaPhone 471-9495 Office Phone OWNERSHIP/OPERATION Fee Owner (if different than above) Address __________________ Phone cut OF uRQHQ BUSINESS ORGANIZATION; (Check applicable item) ____ individual ownership ____ partnership __^corporation List the name of each partner or corporate officer and their title: Gaijtt (ilctUg - P^e^Zden^_______________________ MiuUZyn islcttig - Sec. ______________ Name of the marina manager responsible for daily operation; I \jri awito * 7 ? * Cl__* ± X ^ IZX/ Ur/ttirA »L 4Sii9\YOU 1 TC /f\'*9/ A fivA #v List the minimum number of employees on duty when the marina is open to the public during the boating season;^ VcuUc^ dcuf bit dcut dock attendants ____ repair or service personnel o^^^aCa^if^le for sales/public information, etc. Page I of 4 List every occupant of the property other than the Business noted above; None PRINCIPAL BUSINESS ACTIVITY (Check ail services offered): X SmaU X in-water slip rental buoy rental dry storage X winter ____ in and out service boat launching (day-use ramp) boat rental boat holding tank pumpout boat clubs repair parts and service fuel sales bait and tackle sales (on and boat and trailer sales charter boat port-of-call other BUSINESS SCHEDULE (Check appropriate items); ____ open all year x open during boating season only List proposed hours of operation: dock access retail sales & service AM to PM Vockag^ cuAtomtM op9jn 24 houu AM to JO PM 6.MAPINA SECURITY is provided by; Gair£e*a Mauna Co^, owneAa and on. fu/u,d guandi CAREl KER living on site? ___________________________________ SLIPS AND BOAT UNITS List the maximum number of boats in each category. Each slip, mooring or other space actually used for storage or keeping of boats or watercraft must be indicated and numbered on the dock and site plan submitted with this application. Company Rental Rental Slips/ Other Total OMtiied Boats Spaces Bo«s 7. BOATS STORED IN THE WATER (for lake use) a. At dock slips ____ ____ ____ ____ 143 when iuJU. Total Boats in Water ? 8 BOATS STORED ON LAND FOR LAKE USE a. Inside Buildings (None) ____ b. Outside on Racks (None) ____ c. Outside - other means (Monel ____ Total Boats Stored on Land for Lake Use (Monel ____ TOTAL BOATS FOR LAKE USE (Add 7 and 8)J43 Page 2 of 4 10.OTHER BOATS ON PREMISES (SUMMER) Transient boats (repair/service) New boats for sale (inventory) Used boats for sale (inventory) Other (list:__________________) Total a. b. c. d. Inside Building Nona Nom Outside Building uo/ues day by day at - none Wone "ffunz None OTHER BOATS ON PREMISES (WINTER)Inside Buildiny Total Outside Building a.Transient boats (repair/service)None b.Contract storage (customer’s boats)None ya/uci c.Inventory (new & used boats)Nom d.Other (list: )None Total NdHt JOO Total OFF-STREET PARKING REQUIREMENTS 12.SUMMER PARKING a. Retail sales/service customers 8 spaces minimum (-M per each 800 s.f. over 1,000 s.f.) » b. Boating customers 6 spaces per 10 boats for lake use [.6 x__(line 9)] = Launching ramp customers (day use) 10 spaces minimum per ramp = c. cars cars cars TOTAL SPACES 13.WINTER PARKING a. [.2 X (add lines 12a and 12b)] you HAVE ON FILE, CLOSEV can 1 ICK CONSTRUCTION CHECK ALL THAT APPLY: X Peimanent ____ Seasonal Wood X Concrete Metal Pilings X De-icing normally used Metal Other Decking: X__ Wood X Other Flotation Method (if used): NONE Foam Barrels Other r jgc 3 of 4 ATTACHMENTS The following must accompany this application: 1.A CERTIFICATE OF SURVEY indicating the boundaries of the marina property and the authorized dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. 2. 3. A copy of your LMCD UCENSE APPLICATION. A COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee schedule. Initial Application ® $3CX).00 Renewal Application <9 $200.00 noo.oo Each Boat Unit (Line 9) ® $2.00/ea iiu.oo Late Fee (if not postmarked by April 15) $150.00 TOTAL DUE THIS APPLICATION $ 4S6.00 REVIEW PROCEDURE When a complete application is received, the City Council will review the license application and will thereafter pass upon the application per the licensing procedures of Chapter 5. THE MARINA MAY OPEN EQR PUBUC USE ONLY UPON APPROVAL OF THE UCENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Marina License ai^lication, and agrees and authorizes the City of Orono and the City’s designated employees or agents to enter upon the marina property at any reasonable time to perform safety and code compliance inspections. .................Authorized Signature Title PtcA-icknt and Date 4113193 Relationship to Owner Page 4 of 4 :v ‘ I . j..a . • I. i A.I,.'.CITY OK ORONO CENERAL UCENSE 2440Namt of Butinmt:SAIIflRS WQRID MMUNA & YACHT CLUB INC. Data Issued May 24, 1993 Principal Owner: John Vogt/Geury DeSantis/Richie Anderson Address Box 176 Date Expires Peoewber 31. 1993 (Issued for License Period 1/1/93 thru 12/31/9: Crystal Bay, M4 55323 State License No. As a conditKNi of receiving this license, the licensee shall furnish the City with a satisfactory surety bond, and liability and property damage insurance, when required by the City (k>de, and shall have complied with all the requirements of the City of Orono, per taining to the particular type of activity or business licensed. This license is non transferable. KIND OF LICENSE ircial Dock/Marina License Septic System installation and/or Pumoer 358.00 ED Garbage Hauler ED Residential Kennel ID Commercial Kenrtel Total Amount Paid to City 358.00 €ITY«r<NHHVO Signature of City Official r o aox 66 CnvSTAL BAY. MINNESOTA 65333 PHONE 473 736; wh«. - Fii. c«,» . . . ...... CITY OF ORONO EXHraiT A LICENSE NO. CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICENSE LICENSEE Address Sailor’s World. Inc. 1955 Shoreline Drive. Wavzata. MN 55391 License Period - January 1, 1993 to December 3i, 1993 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Su.»nmer Density per attached plan: Smith’s 71 5 Bay ' ------------------ - Transient Slips -------- Rental Slips -------- Company Slips -------- Sub-Total: Slips at Dock _____ —22— Offshore Buoys -------- —— Maximum Boats in Water _____ —22— Dry stacked slip for use in lake Maximum Boats in water per prior license Other Boats (for sale/service, etc.) MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER Exceeding this maximum boat density, or exceeding the number of permitted slips, Iite or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. Authorized Number of Winter Stored Boats (per prior license, but limited to requir ments of Section 5.42, Subd 4) Exhibit A License No._____ Page 2 III. DOCK LAYOUT (reference Exhibit B attached) Maximum authorized length of main dock 200 feet. Docks extending beyond 200 feet and docks encroaching into required side yard setbacks are hereby specifically declared to be illegal non-conforming structures which are not permitted under this license. The application does not contain such illegal structures. All such violations are subject to prosecution under Sections 5.42 and 10.41 of the Orono Municipal Code. IV. Marina is authorized for FUEL SALES subject to compIia;ice with the Sute Fire Code. V. Required number of OFF-STREET PARKING SPACES 48 (see below) VI. SPECIAL CONDITIONS required for compliance with the ordinances of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1) Council grants a parking variance of 6 stalls, allowing operation with 42 stalls per the findings and conditions of Resolution No. 2194. 2) All parking spaces identified on Exhibit B shall remain open during all hours of operation. The licensee shall be responsible for keeping patrons from parking on the public right-of-way of Shoreline Drive. 3) The City Council will cominue to allow operation under the Orders and Conditions of the Lake Minnetonka Conservation District dated April 27, 1988, attached hereto as Exhibit D. 4) Subject to variances conditionally approved for parking setbacks, stnictural setbacks, and hardcover in Resolution No. 2648 of the City Council. 5) Completion of landscaping and site plan including paving and parking designation related to the reconstruction of the site shall be completed by September 1, 1993. VII. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or tte premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. Issuance of this license is intended as a confirmation of licensee’s conformity with all ordinances regulating the site conditions and operation of the commercial use. u\Cef^Scr ^oc.'A.• • -jc^ m'. • • W ••■• i*-• • • . .*. •**•••- fViO00J^C^ Ar»a^A* i ; 7*^ y^yCoITtfC^ 5t-*ps n^3 i/2. lake MINNETONKA CONSERVATION DISTRIC- application of smith's bay MARINA FINDINGS Th. «t»r »f Ch. applic«i=n for varUnoe. for Solth'a Bay Marina and Yacht Club wa. th. aubjact of a public hearing on D.c.nb.r 10. 1986, at 7:00 p.n. at the Tonka Bay Village Hall. j n K*hal^ of the Applicant, which at that time was John Vogt appeared on behal. of tne app nn«rarss a conanercial marina at its Sailor’s World. Applicant owns and operates a comm nn Smith’s Bay, The Applicant was seeking approval property in LMCD area 26 on Smith s Bay. 4 a on the east side of the property to provide 12 slips and of a setback variance on the east siae r . .•* •••““ “ .. . . . .. “ , agreement from the abutting owners, the City of Orono J rhm raauest are converging lot N.ttl.s on rh. .a.t. The ground, «a»d for ch. r.,u.sc lln.. .nd dl.conrlau»e. of . district noorlng ,r... - Yh. Bo.rd find, th.t It 1, lo th. b.,t lnt.r..t of th. public »d of t. protoctlo. .nd pr...rv.tlon of th. l.b. rh.t ch. « ,p... ‘ .r.. of S.llor-, world b. dl.ccntlnu.d. Th. dl.contlnu.nc. of th. dl. r ““in. UUI 1.0,. .on. h.rdshlp » ... 4PWUc.nt .• U «r. fuUy a lb.d 1. th. ....ch.'* »«or«du- »hlch 1, »~i. * P«« ' “•d..eclb.d in th. .p,llc»f. ^ finds that the converging lot linesBoard further rmas ta*.. . . rucil nuthotlcd doth u.. .r.. t««tltut.. . h.rd.hl, uUhln th. ...nln. Code Section 3.04. ORDER on th. b..l, of th. focgolng. IT IS 0IIDE112D: ...nArmirr for construction in tne which are temporary, *»*•That variances, some of whlcn er , -*4 —^ /ef M dock M shown on tn#^100 fssc from ths shors-ijcio sstbsck arcs and beyond 100 fs«t iro ht»yeof, are granted subject to attached Exhibit A. which la hereby face a part he-. the following conditions and imitations:the following •fncp area is to be discontinued prior to tne 1. The 20 district mooring area i boating season. 2. boating A aatback variance f ^^%t”ithi^ thr!”o “rt :in::u%r -.han fitaVd ^bLyc^^d Ulor^'-h «tf;S.1^^.t"un. o. AppUcanCa preperty. 3. tena oeyonu -- - - - - , A aatback variance on th. s^'thtoogh ”« &hlbl * A) •*e'> tonVcmetlon of four alip. “o-too" «»««• 5*"“ which fall, all or partly '?'%/“°hrAppllcant ■ a property are to be the aatback area on the «“'» * / .^all not axt.nd beyond th. aouth ...aonally “a property.•xtandad lot lin« o*> Applicant s p k 4.A tanporary aatback -rlan» la gr.««^ allpa tnn'tou’r on th. north aiaa^;ljj>* *P/„l^/“'bl‘t .k... .UC •» ^rf.‘”„«;d ijt.r’th.’l997 beating aaason. 5. A taVotary aatback variance 1, granted within Srara^-n^ orExSJSin,. an Of Which are to be ranovad after the 1997 boating seasona 6. 7. AttmT tn« Lyy/ „ A total Of 79 .IIP. are authorlrad at theA total oc on n* ,,<et With an aa-bullt aurvay within 90 , ah.ll grant .. . . .. right, to th- - - -- Th. variant.. Lauad hereby .hall . ^ taka Minnetonka. Such ua. .hall at aU ‘1 — eh. ».bUc of raaeonabl. and ...ultabl. acc... to th. Cbe District to ensure tb P XeSka.ehe Lake Minnetonka Conservation gy order of th. Board of Dlr.cror. of th. taka Dlatnct thla 17th day of April , kSlftib. 198«. rector 1 SlVlllh;j bA/*. 1 « / I i t / t / . / / / / \ '5^ > ; 5 ; »jI MmvH mmt m « iwmuim 111‘S lAV MIIM I- ‘ i-:- wfin WMMC MWUM « tilt•ja. «A/ii • t A•• *.. it taassr- StiORELINE kukina 4 Y acht Ctuii "" •• ' wr/ r / IHlirt IM MiUt IlmiMIM ■ ; ^ •, Ittf. •! •»• #•*•••! •! ttt« iatvM •! ttltt • *r •• •*••••«•• t<f #«||b» •• !•«• II tM II ••• l*M m U»l «IM||wt* «a4 (•I I. |IM« I, !«!«*■««»« •|M«aa«a. m •#«•« IM lAtia-aMM# IMta •• CMaut an l.-l «laa aa»«* •a|«a a«.a l-autiaa a||| a« t«9la«a« lataa •ala f#«a I. I ««a<a| lal a*laa iMa |a4laaaa« la a«aaa«4a« a*«ail«a««4. I. 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Mt r*f aa^tatl laaa a taaaaa aaa««aa. la«M>a,al ••••laaa taaaiai al a ••a*»al« aatal aaa aia* a>^ aaaalll •*•••* •*|*I» laaaataala. ta«a aaaaiaj aatia# • •atMaalaa a^ aaraaitf ||f*l aaaa Caaa tataaaaai! la • lia aall la aaaaia iMIaltaM tiaaall. |aa aat.a J****** •^•1 «aaaa la l/a» ataatta ala«- |a«a aatat ** ***** aatraaaa la a alllaf a*a la •lll.aa a.ta a a*.ai. aa.aai aa laa. laa aaj i,.; * It IM aatal fta« aaaalat*« a a«a*aaa« aalaallaa a«* a**l aa —Ua aa. aa*ataaata« al if ttaaaiaa laa.aaa allU.a «Uaaataaal aaaaaa %aaata« a*aa laaaaa. fa# allUl* a#a «iiaaa t.ia aaa laa# iiaai. laaa a.aa ««« JJ. I! JU“rr a!JLaV7.a-i; rr. v.'*r •••• •*•*'*•all laaa ^ ^ * * * ••*••• •Mata# la laa aaa*•••!• a*ailaa #• aaa aata |a aatMMta aa rr. n.•*?.•••• •*•••••-« •• *-a u.^a. u. r-i •*a ataaa aaaaaa. * »***^ «aa aa tta #•••..#• ir«^i tiEciiyco MARS) 1991 I..M.C.O. IIIIK V(X'J aii IWItv ft • • aatta aal.a aaaati« fata t*a aaa aatt al a*aat.a«.ia* ,« aa. aia« aaaaa a.a«a^a aLH ^•lailaa 1 !•« !V1\I ‘VUlUlk ••a a »ata ata *a%a]}-a*.Vt. •«ta*^«a tatt a (.It •4*a mmf *• ***—IM 9 KS -7.t; JL iit?CAU / *•■** Mt. .a 1 *•»* ^ »^Va^ t imimi aaaa»«aBa 4*l*aM a«.« kUttaa n *• ■■i*a 111 r---'jCi: /:• *• atiai ^^PP. 1 6 iC'93 CITY OF ORONO P.O. Box 66, Crystal Bay, Minnesota 55323 Phone 473-7357 License Year Date application sent to Marina Date application returned to City ANNUAL COMMERCIAL MARINA LICENSE APPLICATION - Pursuant to Orono Municipal Code Section 5.42, Subdivision 2 - Licensed Required. It is unlawful for any person to engage or participate in the "business of docking, mooring, or storing boats or (operating) a commerci^! boat dock business" without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPUCATION, REQUIRED ATTACHMENTS, AND UCENSE APPLICATION FEE TO THE CITY CLERK BY APRIL 15 OF THE UCENSE YEAR. BUSINESS INFORMATION 1 . BUSINESS OR TRADE NAME____ Street Address_____S kwv Mailing Address 1^70^ Marina Phone 7^ OffirdPhenr 773^^7 2.OWNERSHIP/OPERATION Fee Owner (if different than above) Address __________________ Phone ODLflF F^E OFFICE 3.BUSINESS ORGANIZATION: (Check applicable item) ____ individual ownership ^ partnership _ 01 HEM 358.0C CHECK TL 3S8.0C corporation !<ECEIPT~Ttm YQO corporauon 04/WList the name of each partner or corporate officer and their title: Name of the marina manager responsible for daily operation: 5/Vi-—.A-$ ________ List the minimum number of employees on duty when the marina is open to the public during the b«}ating season: ( dock anendants ____ repair or service personnel ____ otlwrs available for sales/public information, etc. Page 1 of 4 List every occupant of the property other than the Business noted above- O 4.PRINCIPAL BUSINESS ACTIVITY (Check all services offered): in-waicr slip rental boat clubs ____ repair parts and service^l*g:»>buoy rental dry storage ir<cr su*^ winter in and out service sales boat launching (day-use ramp) boat rental bait and tackle sales boat holding tank pumpout boat and trailer sales ___ charter boat port-of-call other 5. BUSINESS SCHEDULE (Check appropriate items): ^ open all year open during boating se^n only List proposed hours of operation: dock access AM to PM retail sales & service AM to PM ^ 6.MARINA SECURITY is provided by: CARETAKER living on site? _____,1^0 SLIPS AND BOAT UNITSICIV List the maxim um number of boats in each category. Each slip, mooring or other space actually used for storage or keeping of boats or watercraft must be indicated and numbered on the dock and site plan submitted with this application. Company Rental Rental Slips/ Other Total Owned Boats Spaces Boats BOATS STORED IN THE WATER tfor lake use) a. At dock slips / Total Boats in Water 7. 7-/■n C I 8.BOATS STORED ON LAND FOR LAKE USE a. b. c. Inside Buildings Oitskle on Racks Outside - other means Total Boats Stored on Land for Lake Use c L §4-/ 9.TOTAL BOATS FOR LAKE USE (Add 7 and 8)21 Page 2 of 4 10.OTHER BOATS ON PREMISES (SUMMER) a. Transient boats (rcpair/servicc) b. New boats for sale (inventory) c. Used boats for sale (inventory) d. Other (list:__________________^) Total Inside Building Outside Building il§ 4.7 / btal 11.OTHER BOATS ON PREMISES (WINTER) Transient boats (repair/service) Contract storage (customer's boats) Inventory (new & used boats) Other (list:__________________) Total a. b. c. d. Inside Building Ou^de Building T?% lb' OFF-STREET PARKlNfi REOimiFMFNTS Total 12.SUMMER PARKING a. Retail sales/service customers 8 spaces minimum (+1 per each 800 s.f. over 1,000 s.f.) b. Boating customers 6 spaces per 10 boats for lake use [.6 x __(line 9)J * c. Launching ramp customers (day use) 10 spaces minimum per ramp =» cars ■3^cars TOTAL SPACES 2? cars 13.WINTER PARKING a. [.2 X (add lines 12a and 12b)]cars CHECK ALL THAT APPLY: C/^ Permanent _ Seasonal _ Concrete ___ Metal Foam Pilings: Decking; Wood ”>Wood De-icing normally used Metal Other Other Flotation Method (if used)Barrels Other Page 3 of 4 ATTACHMENTS The following must accompany this explication; 1.A CERTIFICATE OF SURVEY indicating the boundaries of the marina property and the authorized dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. 2. 3. A copy of your LMCD LICENSE APPLICATION A COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee schedule. Initial Application @ $300.00 Renewal Application @ $200.00 Each Boat Unit (Line 9) @ S2.00/ea 3? Late Fee (if not postmarked by April 15) $150.00 TOTAL DUE THIS APPLICATION REVIEW PROCEDURE . . When a complete application is rccc.w, t*.. the City Council will review the license application and will thereafter pass upon the appli* aon per the licensing procedures of Chapter 5. THE MARINA MAY OPEN FOR PUBUC USE ONLY lT>ON APPROVAL OF THE LICEMSS BY THE CITY COUNCIL. Pursuant to Section 5 .42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Marina License application, and agrees and authorizes the City of Orono and the City’s designated employees or agents to enter upon the marina property at any reasonable time to perform safety and code compliance inspections. Page 4 of 4 OhTEt TO t rnoNt W t May 20, 1993 Ron Moorse, City Administrator A/ I • Steve Sullivan, Chief of Police •CUM Information for City Council Monthly Activity Summary Report As part of my monthly report to the City Council, I intend to provide a Monthly Activity Summary report which will show total reported police activity broken down by each city that we serve. I have also provided an explanation of what the various categories include. These reports will typically be a month behind because the statistics are based on computer data that we receive back from the State of Minnesota. This current report will show data through the end of March, not April. 4 COUNCIL i A iIRSt This sheet will explain the various classifications used in our crime activity report. PANT I OFFBMSBS This classification is for eight types of serous crine. They consist of Criminal Homicide, Forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny-Theft (felonies). Motor Vehicle Theft, and Arson. PM^T XI OrriNMN This classification covers all other less serious crimes. Some examples are misdemeanor assaults, forgery, fraud, embezzlement. Buy, Receiving or Concealing Stolen Property, Vandalism-Cri.minal Damage to Property, Weapons, Prostitution, Other Sex Oftenses. Narcotic Drug Laws, Crimes Against Feunily and Children, Driving Under the Influence, Liquor Laws, Disorderly Conduct, etc. . TNAPFIC VIOLATIONS This classification includes all violations of road and driving laws (except DWI which is a Part II incident), parking violations, and other violations of Traffic and Motor Vehicle laws. (This category would reflect speeding tickets issued.) PANT III INCIDENTS - LOST AMP fOll This classification includes reports of all lost, found, or abandoned, persons, property, and animals. PANT IV INCIDIMTB - CASUALTIKS This classification includes reports of all types of accidents including motor vehicle accidents, boating accidents, public and house accidents, and firearm accidents. It also includes animal bites, fires, suicides, sick care for, and mental cases handled. PANT V N1 PORTS This category includes any other citizen complaints not otherwise classified. This would include dog at large, or dog barking complaints as well as reports of suspicious activity. It also includes all miscellaneous officers reports as well as certain services performed such as warrants served, driver license pickups, money escorts, funeral escorts, etc. OROHO POLXCI DBPJUITNIlfT NORTIILT MCttVlTt RBPORT CXTY or OROHO MARCH 1993 THIS SANK THX8 YBAR LAST OPPBBSB8 NORTH YBAR ARRBSTS NORTH LAST YBAR TO OATB TO DATS PART 1 3 7 18 36 PART 2 19 21 54 58 ADULTS 5 TRAPPXC 62 76 191 195 JUVBRXLBS 1 PART 3 5 7 12 11 CXTATXOHS 95 PART 4 28 21 101 77 HARHIH08 18 PART S 156 134 437 388 TOTAL OROHO 273 266 813 765 L CITY OP LORO LAKH 1 PART 1 12 10 21 18 PART 3 14 13 29 22 ADULTS 8 TRAPPXC 8 13 26 45 JUVBRXLBS 0 PJ»t 3 3 1 7 6 CXTATXOHS 13 PART 4 10 5 44 21 NARHXH08 6 PART 5 45 35 121 107 TOTAL LOHO LAKH 92 77 248 219 L_ CITY OP SPRIMO PARK 1 PART 1 6 4 22 18 PART 2 17 17 30 51 ADULTS 9 TRAPPXC 23 12 51 34 JUVBRXLBS 2 PA^T 3 2 1 4 7 CXTATXOHS 45 PART 4 24 11 52 45 HARHXHOS 27 PART 5 47 24 134 112 TOTAL 8PRXHO PARK 119 69 293 267 1 CITY OP NXHHBTOHKA BRAQ 1 t PART 1 0 0 2 0 PART 2 2 1 4 2 ADULTS 2 TRAPPXC 1 3 3 12 JUCTIXliBS 0 PART 3 0 0 1 0 CXTATXOHS 1 PART 4 3 3 10 5 HARHXHOS 3 PART 5 5 9 26 28 TOTAL NTKA BBACM 11 16 46 47 ORAHD TOTALS 495 428 1400 1298 TOTAL XCR RBPORTS TRAPPXC CXTATXOHS 154 159 471 470 HOH-HAIARO TAOS 54 80 117 185 TOTAL COHTACTS / Date: To: From: Subject: May 20, 1993 Ron Moorse, City Administrator Steve Sullivan, Chj-sf of Police % 4 Information for City Council North Tonka Crime Prevention Coalition % ’ll V-' The North Tonka Crime Prevention Coalition is a non-profit organization that works closely with the Orono Police Department to promote crime prevention within the four cities that the police department serves. In the past, they have focused on sponsoring five programs: 1. NeighDorhood Crime Watch They help to organize the neighborhood crime watch system, of crime prevention. Their volunteers go out to do public speaking and organize local groups, and assist in the placement of neighborhood watch signs. 2. Business Crime Watch They provide education and foster a network to exchange information about business crimes. They have paid for bad check "Demand for Payment Notices" that the police department has provided to local merchants at no cost. 3. Public Education They sponsor programs in the area of crime in the community and personal safety with particular emphasis on youth. They have bought drug information "hand outs" which the police have given out to students and parents. At ray request, they have added two student positions to the Board of Directors to obtain input and gain youthful involvement. Also, the Crime Prevention Coalition has agreed to help fund the Orono Police Explorer Post and currently donates money to help fund the Orono High School SADD chapter. 4. Communications They alert community members about the issues and techniques involved in crime prevention. They have also purchased a McGruff Crime Fighting Dog costume which the police use to increase public awareness at special events such as Corn Days Parade. Under the direction of the Chief of Police, they issue special alerts to local neighborhoods when a specific theft or burglary pattern appears. 5. Crime Fund They provide funds for rewsrds end dru^ enforcement activities. I can issue a local reward for information notice, which they will pay. They also donate a modest sum to Crime Stoppers each year. They have helped the police department by the purchase of unbudgeted equipment. The Board of Directors is made up of representatives of the residential and business communities of all four cities they serve. Other local politicians have served, such as Jerry Rockvam from Spring Park, but Orono is the only city that "appoints" members to serve on the North Tonka Crime Prevention Coalition. The board itself seeks out new members who will balance out all segments of our community. Currently, we are trying to add a business and residential member from Spring Park and a residential member from Minnetonka Beach. I have attached the current roster of their board of directors for your information. NOitTH TOUKA CRDIB PRBVBNTIOII COALITION 1993 BOARD OP DIRBCTORS Wilbfir And«rs«n 1994 J«nic9 Barg Michaal Byrna Julia LaClara Julia Naas Daayl Patarson Stava Sullivan Ton Sullivan 1995 1993 1994 1993 Gratchan Manzal 1995 John O'Sullivan 1995 Barbara Pataraon 1993 1995 :hiaf 1994 OPPICERS: 3555 Fradarick St. ffayzata, MN 55391 2655 Lydiard Ava. Excalaior, MN 55331 P.O. Box 636 Long Laka, NN 55356 295 Lindawood Lana Wayzata, MN 55391 5925 Draka Dr. Napla Plain, MN 55359 4210 Forast Laka Dr. Mound, MN 55364 P.O. Box 65 Navarra, MN 55392 P.O. Box 164 Crystal Bay, NN 55323 4385 Chippawa Lana I Plain, 1MaplaMN 55359 P.O. Box 86 Crystal Bay, MM 55323 P.O. Box 694 Long Laka, MN 55356 Prasidant V. Prasidant Sacratary Traasurar Jan Barg Ton Sullivan Dasyl Patarson Michaal Byrna 471-9052 471-7462 894-3980 473-7347 475-1072 479-3248 472-4127 420-5399 471-0725 475-2706 927-8997 473-7496 939-8263 473-7710 476-6406 Date: To: Prom: Subject: May 20, 1993 Ron Noorse, City Administrator Steve Sullivan, Chief of Police Information for City Council North Memorial Medical Center Donation % %IP I have received notification from Mr. Douglas Hoppenrath, Manager, Public Safety Services, that North Memorial Medical Center has decided to donate two (2) First Medic 510 Defibrillator units to the Orono Police. These units will be carried in our sguad cars and our officers will use them to provide an electric shock treatment for certain heart attack patients. North Memorial will provide training for our officers free of charge and we will received the two units after the officers have received the necessary training. The approximate total value of this donation is $8,000. The two units are a gift to us with the use of matching funds of anonymous private donations and the North Memorial Medical Center. / TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator May 21. 1993 SUBJECT: Above Ground Fuel Storage Tanks The above ground fuel storage tank at the public works facility is planned to be located 32.5 feet from the east side property line. The current city code requires a 50 foot setback for above ground fuel storage tanks. However, this code section was written prior to the wide spread use of concrete enclosed storage tanks. The Uniform Fire Code indicates a fuel storage tank such as the one the city proposes should be located a minimum of 3 3 feet from a pj-Qpgj-ty line. The Building and Zoning staff has indicated the Uniform Fire Code setback is most relevant to the type of tank the city is proposing and is recommending approval of the variance to the city code's setback requirements. t>-r !•ft'- *■ : f ■!' ’. . . ' •4:4"- ^r: m ir ft h; :‘^- , f ■'* ■^r ft- r- < L. V ? ft !■■ if t h :.;H DATE: TO: FROM: SUBJECT; Mciy 19, 199?. / / ^ ^Ron Moort'.e, City Adi.ini rt i .itoi /6 \ Steve Sullivan, Chief of Police Salary Adjuntnont CSO D.J. Gnman Xr V7o new have tv;o Conununity Se*. vice Officers. Dave Nelson is paid $6.61/hr. and D.J. Goman is paid $5.61/hr. I request that we adjust Goman's pay rate to be the same as the other CSO. Background: Dave Nelson was hired before D.J. Goinan. He worked 15 hours a week and made out the work schedule. D.J. Goman at first worked 5 hours a week and \/as on ' call out" standby for taking dogs to Reo Raj. Later his hours were increased to 10 hours a week plus call out. Several months ago Nelson asked to have his hours reduced. Nelson now works 10 hours a week. D.J. Goman works 15 hours a week plus call out, and Lt. Cheswick schedules their work week. At the present time the job i esponsibilities are approjcimately equal between the two CSO/Animal Control Officers. D.J. Gomm is an excellent employee and a good representative of our police department. He deserves to r^jceive equ.il pay at the current rate of $f.61/hr. For salary comparison purposes. Mound recently advertised for a part-time CSO position at a starting pay of $7.50/hr. and Plymouth advertised for a full-time CSO position nt a starting pay of $10.73/hr. plus benefits ■4 ^ *-^1 i r^ *4 SitfUlalmniflii nirri i r -3 ■a: n 1 1^' H- rm :;v:-' t;.. C-'>r I* ■ ^. L*>f ‘ -!■' ■Ki ? ' ^ •. -;v ^r' p i- p'- rf:,- <} l^^'" ; ¥ ■,}^'. ■ ^ .. . TO! FIOM: Ron Moorse. City Administmor John Oeriiardton, Public Works Director / DATE;May 18. 1993 % SmiBCT: Tenporaiy Employment • Golf Course % ggfjli yaar it is necessary lo employ a "starter" at die Orono Golf Cburse. The starter rSito IS7.2SS M ' » -5 Therefore. 1 tecommenil emptoyinf Don Kvam 8 Come effective May 25. 1993 at an hoitriy rate of $5 M • This pofhk** will terminate no later than six months after befini TO* Mayor and City Council FROM* Ron Moorse, City Administrator DATl* May 21, 1993 SUBJICTt 1992 General Fund Budget Year End Summary and Adjustments The 1992 General Fund Budget year end results show revenues exceeding expenditures by $78,621.00. General Fund revenues were at $3,008,509.00 versus the budgeted amount of $3,024,890.00. This is a difference of $16,381.00 or 99.46% of the budgeted amount. General Fund expenditures were at $2,929,888.00 versus the budgeted amount of $3,024,890.00. This is a difference of $95,002.00 or 96.9% of the budgeted amount. As anticipated, even though the total General Fund budget expenditures were under budget, the expenditures of one division did exceed the budget. This was the recycling division. The expenditure overage was due to two items: A. ) City clean up days. The vc-ry large participation and volume caused the city clean up event to be $9,650.00 over budget. For 1993 the volumes will be controlled by eliminating construction material from the list of acceptable items. This will reduce the cost substantially in 1993. B. ) Curbside recycling program. Due to the withdrawal of the low bidder on the curbside recycling program, the cost o£ the program contract increased by $20,700.00 after the 1992 budget was adopted. Although most of this increase was off-set by increased grant revenue from the County, the expenditure increase did cause the recycling expenditures to exceed the budgeted amount. General accounting standards indicate overages at the division level, such as the recycling division overage, need to have formal Council authorization. The Council did approve the curbside recycling contract with its higher costs. Also, although the Council did not pre-approve the clean up overage, the Council did approve the expenditures with the understanding they %rould be off set by expendir-^re reductions in other areas of the budget. The recycling exp^ftid: c. ire overages were off-set mainly by expenditure reductions in che street maintenance materials budget item. In order to formalize the Council's authorization of these higher expenditures levels a budget adjustment is needed. It is staff's recommendation that the 1992 recycling budget be increased by $30,350.00, and that this increase be off-set by budget reductions of $28,000 in the street maintenance materials line item and $2,350.00 in the contingency account. t m try K', . « TO: FROftf: Ron Moorse. City Administrator John Gerhardson, Public Works Director DATE:May 18. 1993 SURfECT: Wildflower Seeding - French Lake Park Ma)' fnfofo^ ^Ho VG Now that all of the excess materials have been removed from the north area of the sewer niant, the area will be graded and should be seeded. The Park Commission is recommending that this area be named French Lake Park The Park Commission is also recommending that the area being graded should be seeded with wildflowers. The cost to seed the area is $800 - $1,500. Itis f ParkDedic tended that the cost to do the finish grading and seeding be paid fw from the Fund for an amoum not to exceed $1,500. I' ■■ 4 '■r uatMifei • % I'■ if.f- h TOi FRONt DATIt 8UBJICT1 Mayor and City Council Ron Moorse, City Administrator May 20, 1993 m Ordinance Amendment Related to Boards and Commili|^8 The Council at its May 10th meeting approved new language for the ordinance related to boards and commissions. The new language provided for commission members serving up to three 3 year terms and provided for the transition from the current one year terms of the Planning Commission members to staggered three year terms. The amendment with the approved language is attached for Council adoption. \ A .1 •■i • ^ SIC. 2.50. BOARDS AND CONNXSSZON8 OINBRALLY. All board and Commiesion appointments authorized by ordinance shall be made by the Council at the first regular meeting in January of each year unless another appointment date is established elsewhere in ordinance. The term of each appointee shall be establis.ied ond stated at the time of his appointment, and terms of present Board and Commission members amy be re-established and changed so as to give effect to this Section. New appointees shall assume office immediately. Provided, however, that all appointees to Boards and Commissions shall hold office until their successor is appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be only for the unexpired term. No appointed Board or Commission member shall be an employee of the City, but an ex officio member may be so employed. All appointed Board and Commission members shall serve without renumeration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council before they were incurred. Tn order to balance the need for consistency, with the dgaire to provide ongoing opportunities for_new IPCmberfli—UlS Council, in general, will reaPDoint commission members for one fional 3 year term bevond their initial 3 year tencu Any Board or Commission member may be removed by the Council for any reason and his position filled as any other vacancy. Each Board and Commission shall hold its regular meetings at a time established and approved by the Council. Boards and Commissions created by resolution shall terminate when the purpose for which they were created has been accomplished or upon the expiration of their terms stated in the resolution. Except as otherwise provided, this Section shall apply to all Boards and Commissions. SBC. 2.51. VLANNZNO CDMfZSSZON. Subd. 1. Establishment and Composition. A planning Commission composed of seven members, who serve staggered 3 years terms is hereby established, in order to make the transition from thg current one year terns to ataaaered three year terms, the initial apnointments mav be for one or two year terms.^ As future three year appointments are made, the terms will then be staggered. The period of these terms is for 1 April to 31 March and shall be appointed by the 2nd business meeting March. It is the policy of the Council to appoint persons to the Planning Commission as follows; Two of the members shall reside in and be appointed to represent the Rural Service Area of the City as defined in the Comprehensive Management Plan, two members residing in and appointed to represent the Urban Service Area, one appointed th^ resides on Lake Minnetonka lakeshore property and two shall be appointed to represent the City At Large. The Council by majority vote may deviate from this policy to appoint persons without specific designation. The Zoning Administrator and. one Council I XU I ' h'A %■■ M- • -•member shall be members of the Commission ex officio and without vote. Subd. 2. Powers and Duties. The Planning Commission shall be the Planning Agency of the City and be an advisory body to the Council. The Commission shall have the power, under the direction of the Council, to carry on the duties set forth in Minnesota Statutes, and those duties provided by this Code and such other duties as prescribed by the Council from time to time. The Commission shall hold a regular meeting once each month and keep records of its proceedings. Ti ; 'm ":S iiriiVii illBiitiiiti-.i V.' i r TO I Mayor and City Council h' FROM:Ron Moorse, City Administrator DATE:May 21, 1993 **!>»> We StTBJECT: Sewer Plant Property Update I have attached a letter from Mr. Robert L. Melamed indicating an interest in purchasing the "Oak Knoll" portion of the sewer plant property. Mr. Melamed is proposing the use the property as one building site for a single family home and guest house. In response to Mr. Melamed's earlier informal indication of an interest in the property, staff has moved ahead with aeptic testing for the site. The testing has ind cated there is one septic site suitable for a 4 bedroom home. However, there is no alternate site Based on this result staff has contacted the Metropolitan Council concerning submission of a Comp Plan Amendment to include this site in the MUSA line. The Met Council staff have indicated the Comp Plan Amendment would be a non-controversial item if the addition of this area to the MUSA was off-set by the removal of a similar area from the MUSA. Because the recent Comp Plan amen^ent Included the entire Noerenberg Park area in the MU^, cossible to remove a portion of the park area from the MUSA to off set the MUSA expansion for the sewer plant property. its next Comp Plan amendment, the city must adopt the Council's Interim Strategy to reduce non-point pollution to Metropolitan water bodies. What this means is that the city would need to adopt MURP standards for the design of ponds and would need to adopt "best management practices for the control of erosion on construction sites. If Che Council decides to move ahead with a process the enable the iili of ?he property, the major steps involved are as follows: 1.Establish a public hearing at the Planning Conroission for consideration of a Comprehensive Plan amendment and a subdivision. 2.Determine the process for adopting the NURP st^^rds for stormwater ponds and the best m^agement practices for construction site erosion control. 3. Obtain an appraisal of the property . leasHiii ■-1^ tls^ 21 *93 9:50 OCOO Lrt'.E ASSOCIATES TEL 612-aVt-C-i05 P. 1 Fax Transmittal Memo 7572 Te ^oci»iC&/f3 Coi^Qtftf Mcp / CHu '(y^r ^ /f/iarryj :di^orcyopo J T :z ' '“*V73-06/^) Co"wr»»i V73-73S>7 AahJs5o:j$^ '^yrs-p^s' [jCfwor G««*u»<* QcMforx^wp LG fid loca'i^d /LVO OJd CrGS^/ Sfz^/ yPid. 0»-^ 3900MI9^ ROBERT L MELAMED 1212 EastWayzata Boulevard Wayzata, Minnesota 55391 May 21.1993 Mr. Ron Moorse, City Manager CityofOrono L3Oi0S & Qontidfndn of ths City Council P.O. Box 66 Crystal Bay. MN 55323 Ladles & Gentlemen; Ifi purchasing Is that which is generally located south and east ttl ***^* running north as far as the fence at the dike and east to It would be s^as^n? lnt?m^o”^r ^ apartmentor guest house formy mother. ____________ acceptable purchase agreement I would be prepared to close promptly with all cash and with no financing contingencies. My pur^tase would be subject only to normal contingencies for zoning, plattlno. acceptable son conditions, acceptable sewer connections, marketable title, etc. commte^?due*OT ^e^wsart" ^®’’® ^® f®®* brokerage I mov^ M a very yi^ng child to Orono in 1950 and grew up in Orcno. I have lived In the Lake Mi^tonka area all of my life and have recent sold my home in Minnetonka Beech, i know ®*®P® '^'hlch the City must go through to finalize such a sale. 1 am appredatfve of the efforts that will be necessary to comply with the necessary ordlnarrces •®'*®^?3 platting the property, etc. If I can determine that the City is able andvwiigto sen the property to me. I am most anxious to work with the City and its staff I would appreciate the councirs earliest determination whether or not It wishes to sell the prope^ to mo ^ I need to make plans for my family's future home, ^ank you for your promot consideralion. If I can provide you with any other Information please let mo know. Sin^eiy your^ ^ Robert L Mdlamed ■i i • • •■I I. : 'I i: I'tj *» • / ti ? d>/ B TO; FROM: DATE: SUBJECT: Ron Moorse, City Administrator John R. Gerhardson, Public Works Director Permanent and Temporary Easement - Old Crystal Bay Bridge Project May 20, 1993 As part of the Old Crystal Bay Bridge Projec it is ;iecessary to acquire permanent and temporary easements from abutting property owners. For the Bridge Project, we will need permanent and temporary easements from three residents and temporary casements only from two residents. All of the properties have had appraisals completed by an independent appraiser. The easement for George and Ida Johnson has been submitted to them and they have accepted the offer and signed the permanent and temporary easement forms. Therefore, it is my recommendation that the Mayor and City Clerk sign the easement and once we have received title to the easement to pay them for the easement as follows: Permanent easement Temporary easement Tree removal $ 40.00 363.00 UOO.OO $1,503.00 1 ?„• f - - - LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF MAY 24, 1993 Garbage & Refuse Collector's License: Baldy Sanitation Inc 5906 Henry Street Maple Plain ^OHfQ East Tonka Sanitation P.O. Box 242 Long Lake R & W Sanitation Inc. & R & W Roll-Of Service, Inc. 5525 County Road 50 Carver Septic System Installer; Clover Hill Co., Inc. Box 226 Shakopee '6 ¥ 1 --------------------------------------------------------------------------------------------------- License Year _____________________ OF ORONO Date Received ____________________ P.O. Box 66 Paid Initials ____ Crystal Bay, 55323 473-7357 garbage fi REFUSE COLLECTOR'S LICENSE APPLICATION The undersigned wishes to operate the herewith ma-Hes application for a license to do so. Business/Finn ____ ---- (Statel (Zip Code)(Street) ' lui-cy; Business Phone Number -- - - - Applicant's Name - - yrTl^^ ^£’3S'9 _ _— Address - - - - - -(State) (Zip Code;(Street) Phone Number ^'79' ^3 S'3 - --- - - - - - - - Check one: _ _ _ _ Individuel - - - - Partnership _J^_ Corporation Number of Vehicles to be used in Orono - -j_- - - - - - - --- - - - Description of Vehicles (attached list if more): Loaded Loaded _ License Nunberyear Hfgr. Gross Wt. Rear Axle Size/Yaros - - - - - - - - S iL_ _ ___ _ 0 _ _ _ _ _ _ _* - - -- - - - - -^ General area of City served - - Schedule of Collection charges/ dates ■_ - - Approximate number of customers in Orono ^ ~ flj^^ Location of dumping area - -C- -45 COMPLETE, YOU MOST ENCLOSE . , nn<»-ator of the above business and I have paid all license fees S»T"qIu.« bV l.». Tb. .b... !• ««•«• Applicant v _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ TOr'ciTX OSB 01I1.Y: After review of application. ' • _ Approval _ _ _ _ _ ueniax- - - - - - /. -- - - Date ~g/IAtufe of City Official Date CITY''of ORONO P.O. Box 66 Crystal Bay, MN 55323 473-V357 License Year Date Received Fee Paid _Initials GARBAGE fi REPOSE COLLECTOR’S LICENSE APPLICATION The undersigned wishes to operate the indicated business in the City of Orono ana herewith makes application for a license to d^ so. r- Business/FirmAd.Address (Street) / , / ^ 4'ir Business Phone Number# Applicant^ N Address (Street) Phone Number O '/ ^ (Zip Code) (City) ^ CS^S 3-^ /state)(Zip Code) Check One:Individual Partnership Corporation^ Number of Vehicles to be used in Orono Description of Vehicles (attached list if more). Loaded Loaded Year Mfgr. Gross Wt. Rear Axle Wt. Size/Yards License Number Jn ^ ' r.TTY DF OrM FimCE OFFICE General area of City served _/ Schedule of Collection charges/ dates 01 CEH CHECK R 45.0i 45.0( ocrcrpT-Tfmk' YOU M97&<9/) rmi fifl) JiQ. 04/23. Approximate number of customers in Orono Location of dumping area [H ARDER FOR THIS APPLICATION TO BE COMPLETE, YOO MOST Surety bond in the amount of $1,000. Proof of insurance °! 5100,000-$300,000-$50,000, and 10-day cancellation clause. Mbl^). $30.00 flat rate fee, plus $15/truck, and a L___ _ _-_ _ Date Appio^^f' review^of^application, ' Signature of City Official Date i n limfy awm . i--rt -it « i., aab i-«r M BaiaaM i - :iTY *0F *ORONO P.O. Box 66 Crystal Bay, MM 553W 473-7357 • > i)u License Year Date Received Fee Paid Initials GARBAGE & REFDSe”^CQL];.?(5,T0R'S LICENSE APPLICATION The undersigned wishes to operate the indicated business in the City of Orono and herewith makes application for a license to ^ so. Business/Pina iVddir0SS ^^ (S«eet) ' rtc Business Phone Number ^- - (State) (Zip Code) Applicant's Name Address Phone Number Check One:Individual Number of Vehicles to be used in Orono (State) (Zip Codel 1777 QF OROfiQ partnership OJ CSi 60.00 Description of Vehicles (attached list if more): Year M^gr. Grots^Mt._ Rea^Axle wt. Size/Yar£s License Number i'HECK TL 60.00 RmiPT-Tm' YOU if272370 cool POl W'4 Gj /11/» iHaCCD MOQQ. 4UC£0 r^’^H.CCQ. ... ^.4b>jd^ ir>^4o.fi^ VM 'nnn& General area of City servea schedule of Collection charges/ dates Y?n>^ -fp Pftin^l.o4 ^ryj in Orono nn r/si/tmUai, caitiVwseij^ppj^Qximat© number of customsrs in Location of dumping area Co. -~r APPLICATION TO BE COMPLETE, YOU MOST ENCLOSE THE FOLLOWING.IN ORDER FOR THIS surety bond in the amount of $1,000- ^Annual™lsi |^2?oS°fVaV°rlt°e°fe'e^ 7anro7eVaTo7o7thrabov7business and I.^ave paid all license fees 's required^y law. The above informjt:U>n as correct. Applicant Date FOR CITY USB ONLY Approval After review of application, Denial _ Other (specify) /I. (Ji^ Signature of City Official Date ^ITl ONO SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION(612) 473-7357 Post Office Box 66 Crystal Bay» MN 55323 All Questions must be answered. License fee, bond, certificate of insurance, and evidence of MPCA Certification must be attached. All applications are subject to a ten (10) day approval period. 1. 2. 3. 4. 5. 6. 7. Business or trade name Hill Co Business address Q>0 ^ ^*2, Q>_____ rrrv nc nonun trl I I Cl CltWIIU „ .f7AW.VCr OFFICS Business phone "721 ~7 / S' T Residence phone .jjg.HF lKr__ C/V I V r.%J\^m V Nane of applic^t or company representative holding^J^pPJ"™®^*'®, certification U --------------------------------------------------- 05/li: Type of certification held: _ Certificate expiration date _ X" tJnp<-ai 1 Pumper i'L- -?/- 9S~ you ever held a Septic System Installer license in Orono before? y?* ^ Most recent year ^^ Eave you ever had a license revoked? Y\ Q Where? ________________________________________ When? 8. Do you do Municipal Sewer hook-ups? Yes 9, Do you pump out septic tanks? Yes _ _ _ SUBMITTALS REQUIRED: 1. $50.00 License application fee. - $2000.00 license and permit bond naming City of Orono a obligee. The State Plumbers Bond will not be accepte<^ tx^3. $50-100-300,000 minimum Certificate of Insurance. «< 4. Copy of current MPCA Certificate. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITDIS ARB SUBMITTED List persons other than applicant who are authoriz^ by you to apply for permits under your license TtM mans_ _ _ _— The undersigned hereby makes application to the Minnesota, for a license to install S^ate of and/or pump out septic tanks, subject to the 1*'^® Minnesota and the Ordinances the City of Orono- Date £'-/O- 93 Applicant's Signature ^ CITY USE ONLY Staff recommendation Approval Reason for denial: _______ City Council Action Date Date license mailed Denial Date r- 1^;: ! '.-A-:* f • 05/09/93 PR: CB PRREQOR 172EMP • NAME 471688060 474563339 476921819 471840871 475443862 472503991 469526026 476643387 475989721 468821018 472529007 468701868 507585424 469686562 468420832 469087884474667812 475380151 477500666 475444249 477463877 388625358 471569863 473141624 477647279 475604753 504260307 472500574 121262417 480843542476018974 477700023 334506281 477028779 473108428 468909535 476783251 470700901 469848107 475382983 473746173 473609629 470566529 469629194 475569177 267460042 472563051 P R ANDERSON. BRUCE L BOBZIEN, SUE A BORIS. SCOTT W BOSMA. JAMIE L BRINKHAUS. JOHN F CHESWICK. GARY B CORNICK, JAMES L DELANEY. JANE E DEMBOUSKr JAY C ENGLISH ill. IRVING ERICKSON. KURT R FISCHENICH. DAN T FRITZLER, JOHN H QAFFRON. MICHAEL GERHARDSON, JOHN GOMAN. DAViD J GREGORY. JAMES D HALLIN. DOROTHY M HANSEN. STEVEN C HANSINQ. CAROL J HASEMAN. CAROLE JENSEN. RODNEY W JOHNSON, BRADLEY P JOSTROM. FOREST J KARNUZ. RICKY D KENNEN, JANICE M KNUTSON, CHARLOTTE A KUEHN, tHOMAS M MABUStH, JEANNE A MCNICHOLS. DAVID L MILLS JR, WALTER H MOORSE, RONALD J MOROWCZYNSKI, JAMES NELSON. DAVID D OAS. DANIEL 0 OBERAIGNER, SCOTT G OBRIEN. RANDY L OMAN. LYLE E PALMER. GREGORY A QUAST, WAYNE A RATHBUN, BARRY JROSS, j6hn a SCHOENHOFF. JOHN B SKREEN. DALE S STEFFENHAGEN. RONALD SULLIVAN. STEPHEN X THOMTON, MARK R 474863296 TOMCHECK. LAWRENCE tomczyk hark W 475505262 VANG, bAucE L J®«®29488 VEE. LINDA S*" 500403192 WALTERS. LINDA Q 477881539 WECKMAN, STEPHEN J DPT YTD CURRENTGROSSGROSS 31 17127.48 1686.033110264.67 1014.64312067.35 180.66126189.59 596.264216077.96 1611.673117230.38 1727.203116204.70 1509.7693507.40 259.603114091.17 1502.413116414.87 1663.133115830.36 1568.403116332.81 1622.993116886.21 1692.233314698.87 1473.444220502.68 2172.43351958.18 145.934213790.67 1424.721212662.20 1269.284212165.56 1245.78315814.01 560.61129100.15 930.3293190.56 121.033116800.13 1627.2393478.50 272.25311349.64 85.02312263.91 228.721510140.99 1014.631521623.81 2167.603318407.67 1845.213112807.20 1319.2093117.88 117.881224062.67 2511.843115915.44 1568.41351441.11 158.729338.35 17.704212196.62 1260.669212702.38 1631.703314696.85 1473.434211202.26 1183.509214424.46 1366.319212207.14 1266.0693429.00 239.25314406.28 201.914212143.91 1327.019312662.20 1269.283120542.38 2059.203115233.78 1509.76 31 15277.96 1623.003115903.69 1568.4033 12 12662.21 9781.15 1269.28 1048.25158498.28 897.313311152.29 1117.92 61.225.16 I i • \ * 1 I iCOUNCIL CHECK REGISTER WED, MAY 12. 1993. 12:49 AM ptga 1*CHECK NO CHECK DATE CHECK AMOUNT 1993/OS/12 VENDOR DESCRIPTION ACCOUNTNUMBER INVOICE NO NUMBER 9999-2030 00027S MANUAL29073<•>$4,281.00$4,281.00*CITY COUNTY CREDIT UNION W/H & TRANSFERRED28074<•>2807S <*> 28076 <*> 28077 <•> 1993/05/121993/05/12 1993/05/12 1993/05/12 $133.56$133.56*$77.14 $77.14* COLONIAL LIFE INS COMMERCIAL LIFE INS INS W/H INS W/H $9,197.47 $9,197.47* $2,815.70 $2,815.70* FIRST NATIONAL BANK OF LA WITHHELD FEDERAL TX MDCR FIRST NATIONAL BANK OF LA CITY SHARE FICA & MEDCR 9999-2030 000282 9999-2030 000281 9999-2030 000277 9999-2030 000276 f- I- k iV* V V $62,755.16* ■V •'■'■V. IPIP IP IP 28071 <*> 1993/05/12 $37,562.98 $37,562.98* FIRST NATIONAL BANK OF LA NET PAYROLL TRANSFER 9999-2030000274 < V IP 28079 <*> 1993/05/12 $1,118.00 $1,118.00* GREAT WEST LIFE ASSURANCE DEF COMP W/H 9999-2030 000289 * ■ IP 28080 <*> 1993/05/12 $146.50 $146.50* HENNEPIN COUNTY SUPPORT A MARK THOMTON IC0266780 9999-2030000285 IP 28081 <*> 1993/05/12 $164.00 $164.00* HENNEPIN COUNTY SUPPORT A DALE SKREEN 4C0262310 9999-2030000284 « IP 28082 . <*> 1993/05/12 $30.00 $30.00* ICMA RETIREMENT TRUST-457 W/HDEF COMP 9999-2030 000288 *• •IP 28083 <*> 1993/05/12 $5.59 $5.59* MINNESOTA BENEFIT INS W/H 9999-2030000283 IP 28084 <•> 1993/05/12 $2,784.61 $2,784.61* MINNESOTA DEPT OP REVENUE STATE TAX WITHHELD 9999-2030000278. ;• • ‘IP' t 28085 <•> 1993/05/12 $100.00 $100.00* MN STATE RETIREMENT-DEF C W/H DEF COMP 9999-2030 000290 tv • . “ ‘v** « IP ' i' 28086 <*> 1993/05/12 $166.64 $166.64* PEBSCO/OBRA W/H DEF COMP 9999-2030 000292‘ 1 * ^IP 28087 <•> 1993/05/12 $643.46 $643.46* PEBSCO/US CONF OF MAYORS W/H DEF COMP 9999-2030000291 ■IP 28088 <*> 1993/05/12 $54.00 $54.00* PERA LIFE INS INS W/H 9999-2030000280 * i * '• •V * Ip- 4, 28089 <*> 1993/05/12 $3,453.51 $3,453.51* PERA PERA W/H 9999-2030 000279 IP 28090 <*> 1993/05/12 $21.00 $21.00* UNITED WAY CHARITY W/H 9999-2030 000286 .>. '■ « * .IP A. it s Jr :V • ■ ' •• T 1:-'n '■ - -P\ 9 ©©COUNCIL CHECK REGISTER WED. MAY 19. 1993. 9:38 PM .mVpagt 1ACCOUNTCHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION NUMBER INVOICE28094 <•> 1993/05/24 810.65810.65*A-1 MINNETONKA RENT FUEL 0249*4220 000568 28095 <■> 1993/05/24 84.552.00 84.552.00* ACKLEY-DORNBACH INC HOLDING CELLS FINAL 0483-4520 000606 28096 <*> 1993/05/24 1993/05/24 8300.00 8137.29 8437.29* ALL STAR PRO QOLF CO ALL STAR PRO GOLF CO GLOVES RENTAL CLUBS 0590-4801 0590-4399 48708 55288 28097 <•> 1993/05/24 850.00 850.00* ART BLOEMENDAAL SIGN DEPOSIT REFUND 1986 9001-3790 000607 28098 <•> 1993/05/24 $95.57 895.57* AUS COMMUNICATIONS INC ADDL BASECORD 0484-4520 000567 ■i 28099 <*> 1993/05/24 812.20 812.20* AWARDS INC CERTIFICATES 0039-4210 26294 '• A , ',,< 28100 <•' < * > 1993/05/24 8205.89 8205.89* BARTON SAND/GRAVEL SAND/FUEL PUMP 0484-4520 000569 j r*28101 <■> 1993/P' •:4 1993/../24 8103.16 8331.56 8434.72* BIFFS INC BIFFS INC 1 BIFF 6 BIFFS 0590-4331 0290-4331 000570 000570 I'- c 28102 <•> 1993/05/24 $27.00 827.00* B0B2IEN\SUE A UNIFORM SHOES 0129-4221000571 !•28103 <•> 1993/05/24 1993/05/24 $141.61 8151.23 $292.84* BUDGET PRINTING BUDGET PRINTING OPEN HOUSE INVITES SEPTIC LETTER 0039-4322 0174-4322 36329 36324 ir. t'i' 28104 ; <•> 1993/05/24 $895.32 8895.32* CARGILL SALT DIV SALT 0549-4234 833596 f.'- f 28105 <•> 1993/05/24 $549.54 8549.54* CHIPPEWA TOP SOIL DIRT 0249-4233 000572 k 28106 <•> 1993/05/24 836.00 $36.00* CHUNKS GARAGE REPAIR 0129-4341 3217R ^C- p- 28107 <•> 1993/05/24 $25.00 $25.00* COMMISSIONER TRANS PERMIT 0590-4383 000573 V t-' <5: 28108 <»> 1993/05/24 8189.87 8189.87* COPY DUP PR INC COPY MACHINE 0129-4210 1719032 r .t '- 28109 <•> 1993/05/24 1993/05/24 $13.38 857.78 871.16* CROWN MARKING INC CROWN MARKING INC NAME PLATE NAME PLATES 0290-4210 0174-4210 70674 70674 1 r ■"Ir’ 28110 <•> 1993/05/24 834.58 834.58* DAHLGREN SHARDLOW HIGHWAY STUDY 0299-4306 000608 1 ,t» ^4-' -x'''• W ' A ' 1- Vp-' "o PONUMBER MANUAL '-V OH *OH Vi r«A ' -V*8^. - OH OH • . * 1 OH OH V.’* ' OH I 1 OH . ► . ' •.> OH OH. ' u;*.T ■ ■* OH A. *• \t 'i •' OH • , OH V- ■:4 > V OH ■ - ' ,1 •A- OHJ,. ’. ■fr '^ *":■ • ^. \ OH 1 ja V *-r ..' ■ ■v.V- r -r • • » •. \ Vv •>.’^21COUNCIL CHECK REGISTER WED, MAY 19. 1993. 9:38 PMCHECK NO CHECK DATE CHECK AMOUNT P*9« 2CHECK DATE 1993/05/24 VENDORDIXIE PETRO-CHEM DESCRIPTIONDEMURRAGE ACCOUNTNUMBER INVOICE NO NUMBER MANUAL29111<■> 21112 <•> 28113 <•> 28114 <•> 28115 28116 <•> 28117 <•> 28118 <*> 28119 r - <*> 28123 <•> 28124 <•> 28125 <•> 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 SIO.OO810.00"0549-4234 971561$''80.50 8218.00 8998.50" EARL P ANDERSON ASSC EARL F ANDERSON ASSC SIGN SUMMIT BEACH SIGN 0396-4530 123472 0249-4233 123674 8124.00 8124.00* 866.03 866.03" EAST SIDE BEVERAGE G & S CABINET INC BEER LUMBER 0591-4815 206481 0099-4343 6805 833.18 864.S8 847.61 812.01 80.84 8158.22" GENUINE PARTS CO GENUINE PARTS CO GENUINE PARTS CO GENUINE PARTS CO GENUINE PARTS CO SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES 0290 0249 0569 0590 0549 231 000575 4232 000575 4232 000575 4232 000575 4232 000575 84,059.00 84,059.00* $210.00 8210.00* GOEBEL FIXTURE CO GOLF COURSE SUPT ASN FIXTURES FINAL DUES 0480-4520 000600 0590-4380 000576 881.90 8122.85 8204.75* GOPHER STATE ONECALL GOPHER STATE ONECALL APRIL FEE APRIL FEE 0549-4306 3040515 0569-4306 3040515 8271.00 81,375.36 8542.00 8271.00 8145.68 82,605.04* GROUP GROUP GROUP GROUP GROUP HEALTH INC HEALTH INC HEALTH INC HEALTH INC HEALTH INC JUNE INS JUNE INS JUNE INS JUNE INS JUNE INS 0115 0129 0249 0590 0174 4151 4151 4151 4151 4151 000609 000609 000609 000609 000609 8495.00 8495.00* 8120.86 8120.86* $14.00 814.00* HOFFER’S INC MINNESOTA HOTSY CORP JOHNSON/BRADLEY GLASS REPAIR MILEAGE 0480-4520 000604 0249-4341 703441 0129-4381 000610 OH OH OH OH 1 OH OH OH OH OH ■■■« OH OH OH OH OH OH OH OH OH ■•P 28120 <•> 1993/05/24 834.78 834.78* HALLIN/DOROTHY MILEAGE 0039-4381000577 28121 <*> 1993/05/24 84.44 84.44* HAPPYS POTATO CHIP CHIPS 0591-4802239704 OH f . ■ • 28122 <*> 1993/05/24 8202.24 8202.24* HENNEPIN CO-OP SEED GRASS SEED 0249-423350765 OH r.- T OH ■ ^ t ''.V • M I h ■■■V; 1 OH i .9 9 0 0COUNCIL CHECK REGISTER WED. MAY 19. 1993. 9:38 PM P»9« 3ACCOUNTlECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION NUMBER INVOICE28126<•>1993/0S/24 $4,113.50$4,113.50*LA FORCE HARDWARE/MF6 CO HARDWARE/DOORS FINAL 0480-4520 00060128127<•>1993/0S/24 $68.75$68.75*LEHNE'S TIRE SERVICE INC TIRES 0295-4348 895028128<•>1993/05,'24 $72,810.00$72,810.00*LMCIT-BERKLEY RISK INS 9001-1299 50967 28129 <“> 1993/05/24 $4,980.77 $4,980.77* LOQIS -SUITE 300 MARCH FEE 9001-l‘fJ9 AR0393 28130 <•> 1993/05/24 1993/05/24 $52.66 $10.91 $63.57* LONG LAKE TIRE SERV LONG LAKE TIRE SERV PARTS PARTS 0249-4232 0249-4342 000579 000579 2tl3i <•> 1993/05/24 $28.81 $28.81* LONG LK FORD TRACTOR PARTS 0249-4232 000578 28132 <“> 1993/05/24 1993/05/24 $26.60 $8.60 $35.20* MABUSTH- MABUSTH- JEANNE JEANNE MILEAGE MTQ EXP 0174-4381 0174-4382 000612 000612 28133 <"> 1993/05/24 $949.37 $949.37* MARTINS NAVARRE 66 REPAIRS 0129-4341 000581 28134 <•> 1993/05/24 $45.00 $45.00* MCPA NAME BADGES 0129-4221 000580 28135 <*> 1993/05/24 1993/05/24 1993/05/24 1993/05/24 $146.90 $146.90 $417.91 $542.02 $1,253.73* MED CTR MED CTR MED CTR MED CTR HEALTH CARE HEALTH CARE HEALTH CARE HEALTH CARE JUNE INS JUNE INS JUNE INS JUNE INS 0129-4151 0069-4151 0249-4151 0174-4151 000586 000586 000586 000586 28136 <•> 1993/05/24 $2,970.00 $2,970.00* METRO WASTE CONTROL COMMI SAC FEES 9001-2226 000613 28137 <•> 1993/05/24 $21,629.00 $21,629.00* METRO WASTE JUNE FEE 9673-1282 51480693 28138 <»> 1993/05/24 1993/05/24 $927.99 $279.75 $1,207.74* MIDWEST MIDWEST ASPHALT ASPHALT asphalt ASPHALT 0249-4233 0249-4233 000585 9242 28139 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 $36.45 $21.00 $21.00 $20.99 $20.99 $20.99 $20.99 $14.00 $2.59 MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST BSNS PROD BSNS PROD BSNS PROD BSNS PROD BSNS PROD BSNS PROD BSNS PROD BSNS PROD BSNS PROD OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES 0590-4210 0039-42100069-4210 0059-4210 0174-4210 0249-4210 0129-42100039-4210 0069-4210 523212 523212 523212 523212 523212 523212 523212525947 525947 MANUALOH V' u. ”1' . y-.y ■ i»r , t •• • V U OHOH OH Ml \ OH OH -V •r^r r. -iv OHOH , * : OH OH OHOH OHOH . ' t ■M ' • *»; ■i - ■ \\ OH i OHOH OHOHOHOH OHOHOH I : ■ . ' \ ^ OH . ''*1 f m &COUNCIL CHECK REGISTER WED, MAY 19. 1993, 9:38 PM p«9t 4CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION291391993/05/241993/05/241993/05/241993/05/241993/05/24 $2.60$2.60$149.31$2.60$22.40 MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES i 1993/05/24 $33.58 $392.09* MIDWEST BSNS PROD OFFICE SUPPLIES r 28140 <•> 1993/05/24 $650.00 $650.00* MIDWEST OFFICE EQUIP INC REFINISH FILES 28141 <•> 1993/05/24 $158.62 $158.62* MN CONWAY FIRE HOSE 29142 <•> 1993/05/24 $57.81 $57.91* MN CORRECTIONAL FACILITY ENVELOPES 29143 <•> 1993/05/24 1993/05/24 $430.00 $9.39 $439.39* MN DEPT PUB SAFETY MN DEPT PUB SAFETY CJDN CHARGES CABLE CONNECTORS ■r 29144 <■> 1993/05/24 $50.00 $50.00* MN STATE TREASURER SIGN DEPOSIT UNCLAIMED :!} 28145 <*> 1993/05/24 $142.80 $142.80* MN SUN PUBLICATIONS ADV 1 28146 <•> 1993/05/24 1993/05/24 $13.50 $31.50 $45.00* MPLS OXYGEN CO MPLS OXYGEN CO DEMURRAGE DEMURRAGE f r ■ p . 29147 <•> 1993/05/24 $172.79 $172.79* MTI DIST CO SUPPLIES 28149 <•> 1993/05/24 1993/05/24 1993/05/24 1993/05/24 $230.00 $115.00 $115.00 $115.00 $575.00* NAAB/THERESA NAAB/THERESA NAAB/THERESA NAAB/THERESA CC 4/26 4 5/10 MTQ BOARD REVIEW MTG 5/4 MTG 5/17 MTG i:'29149 <•> 1993/05/24 $5,317.00 $5,317.00* NATIONAL AUTOMATIC SPRINK SPRINKLER FINAL ■ 29150 1993/05/24 $89.90 NAVARRE HARDWARE SUPPLIES 1993/05/24 1993/05/24 $18.96 $37.27 NAVARRE HARDWARE NAVARRE HARDWARE SUPPLIES SUPPLIES (.■1993/05/24 $1.05 NAVARRE HARDWARE SUPPLIES 1993/05/24 $54.34 NAVARRE HARDWARE SUPPLIES IT 1993/05/24 $177.03 NAVARRE HARDWARE SUPPLIES 1993/05/24 $16.37 NAVARRE HARDWARE SUPPLIES6*'■1993/05/24 $1.47 NAVARRE HARDWARE SUPPLIES L 1993/05/24 $53.75$450.14*NAVARRE HARDWARE SUPPLIES ACCOUNTNUMBER INVOICE NO PONUMBER MANUAL00590249012901740549 0569 42104210421042104210 4210 525947525647525947525947525947 525947 0482-4399 11180 0589-4232 24466 0129-4322 1085 0129-4355 000583 0129-4355 000583 9001-3790 000611 0590-4232 000582 0129-4232 000584 0249-4232 000584 0590-4231 329654 0039-4306 000614 0039-4306 000614 0290-4306 000614 0174-4306 000614 0480-4520 000605 0290 0549 0249 0569 0590 0129 0129 0069 0099 4231 4234 4232 4234 4232 4210 4243 4210 4231 000588 000588 000588 000588 000588 000581 000588 000588 000588 OHOHOH“OHOH OH OH OH OH OH OH OH i e 0 eCOUNCIL CHECK REGISTER WED. MAY 19. 1993. 9;3S PMCHECK DATE CHECK AMOUNT VENDOR pagt 5CHECK NO 2I1S1 ACCOUNT PODESCRIPTION NUMBER INVOICE NO NUMBER MANUAL V19B3/0S/241993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 1993/05/24 28152 <*> 1993/05/24 4 li- Si' ■ i: ; ■ . V i ■\ ‘ SI.97 S38.66 $1,541.31 S7.40 $64.86 $3.31 $1,193.71 $96.65 $2,947.87* $307.94 $307.94* 28153 <*> 1993/05/24 $35.56 $35.56* 28154 <*> 1993/05/24 $59.20 $59.20* 28155 <*> 1993/05/24 $96.58 $96.58* 28156 <•> 1993/05/24 $12.00 $12.00* 28157 <•> 1993/05/24 1993/05/24 $507.57 $137.41 $644.98* 28158 <*> 1993/05/24 $4,529.35 $4,529.35* 28159 <•> 1993/05/24 $40.00 $40.00* 28160 <*> 1993/05/24 $22.20 $22.20* 28161 <*> 1993/05/24 $146.00 $146.00* 28162 <*> 1993/05/24 $30.21 $30.21* 28163 <•> 1993/05/24 1993/05/24 1993/05/24 $5,840.00 $124.59 $58.00 $6,022.59* 28164 <*> 1993/05/24 $334.67 $334.62* 28165 <•> 1993/05/24 $57.00 $57.00* NSPNSP NSP NSP NSP NSP NSP NSP OMAN/LYLE OTTEN BROS PARK PRODUCTS INC PERA INS PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR PUBLIC EMPL RET ASSN R C INDENTIFICATIONS REED VENDING REO RAJ KENNELS RICKS SUPERVALU ROLF E ERICKSON ROLF E ERICKSON ROLF E ERICKSON SCHARBER A SONS INC SCHWAAS INC UTILITIESUTILITIESUTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES O’SULLIVANS NAVARRE AUTO REPAIR MILEAGE SUPPLIES SUPPLIES JUNE INS REPAIR REPAIR PERA 4/26-5/9 ID CARDS CANDY IMPOUND FEES SUPPLIES JUNE FEE SUPi'LIES POSTAGE REPAIR TRACTOR 2 STAMPS o 05490099 0549 0290 0590 0175 0569 0249 43244324 4324 4324 4324 4324 4324 4324 000615000587 000587 000587 000587 000587 000587 000587 0174-4341 000589 0174-4381 000616 0249-4233 76299 0174-4210 3252 0129-4152 000591 0249-4341 364 0129-4341 11099 9999-2031 000590 0129-4210 15953 0591-4802 000617 0185-4360 000593 0590-4232 000592 0059-4307 000574 0059-4210 000574 0059-4321 000574 0590-4342 9691 0590-4210 720827 OHOH OH OH OH OHOH OH OH OH OH OH OH i1 , • "V ‘ V -x. .1 OH OH OH OH . ,1.> OH I OH ss OH ----- w — t COUNCIL CHECK REGISTER WED. MAY 19.i;,I CHECK NO CHECK DATE CHECK AMOUNT 1993. 9:38 PMVENDOR DESCRIPTION ACCOUNTNUMBER INVOICE NO B 1% *•#. ..pagt BMANUAL'' ■ OH OH ‘V y V ; ■ OH ' ~y ■ V ' . . > . .•■ OH .'*v OH . - -V' r* : . ;* X ^vV>' OH OH OH OH oh" rv-.f'r.'v • V" «••.• L 28196 <*> 1993/05/24 $3,004.00 $3,004.00* SENIOR COMMUNITY SERVICES 2ND QTR 0100-4385000596 28167 <•> 1993/05/24 $153.84 $153.84* SEW LIKE NEW SEW PATCHES 0129-4221000595 28168 <*> 1993/05/24 $810.89 $810.89* SMITH A NEPHEW ROLYAN INC FLOATS A COMPOUND 0290-4232647442 1 28169 <•> 1993/05/24 $753.08 $753.08* SPECIALTY EQUIPMENT CO REPAIR 0099-434383624 28170 <•> 1993/05/24 $68.19 $68.19* ST JOSEPH EQUIPMENT PART 0249-4232SI100S3 f 28171 <•> 1993/05/24 $177.09 $177.09* ST PAUL PIONEER PRESS AD 0590-4323000594 28172 <*> 1993/05/24 $29,902.50 $29,902.50* STEININGER CONST CO SITE WORKS 0480-4520000603 1‘-. 28173 <“> 1993/05/24 1993/05/24 $292.82 $1,718.36 $2,011.18* STRETCHERS STRETCHERS TRAINING SUPPLIES EQUIP NEW SOD 0129-4241 0129-4550 65262.1 64321.1 28174 <•> 1993/05/24 $548.22 $548.22* SUBURBAN TIRE INC OILER TIRES 0249-42329720 28175 <“> 1993/05/24 $920.01 $920.01* TOWN & COUNTRY MAY CLEANING 0099-4349000597 28176 <■> 1993/05/24 $378.66 $378.66* TRI STATE PUMP REPAIR PUMP 0569-43448905 r' i: ' 28177 <•> 1993/05/24 $8,037.00 $8,037.00* TWIN CITY ACOUSTICS INC CEILINGS FINAL 0480-4520000602 =-.28178 <•> 1993/05/24 1993/05/24 $156.90 $43.95 $200.85* UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFORMS UNIFORMS 0129-4221 0129-4221 54257 401517 28179 <•> 1993/05/24 $117 56 $117.66* US WEST COMMUN TELEPHONE 0549-4320000598 Pr 28180 <*> 1993/05/24 1993/05/24 $239.28 $357.84 $597.12* WARNING LITES OF MN WARNING LITES OF MN FLASHERS FLASHERS 0249-4331 0249-4331 43823 43822 ! 28181 <“> 1993/05/24 $16.52 $16.52* WECKMAN STEPHEN MILEAGE 0174-4381000599 28182 <•> 1993/05/24 $315.24 $313.24* ZARNOTH BRUSH WORKS INC BROOM REFILL 0249-42327526 o • » ? . f i 1 ft OH •; . . ..r .V' ' j* ' OH'^ “V ™ ■-81:: V SIPS’' OH _ . 4V^ , OH- - OH i OH '*r'% ^ -I ^ •‘T t • 0 m &•:h *:> .* '• fCOUNCIL CHECK REGISTER WED, MAY 19. 1993, 9:38 PMCHECK NO CHECK DATE CHECK AMOUNT pagt 7VENDOR ZIEGLER INC DESCRIPTION REPAIR MOTOR ACCOUNTNUMBER INVOICE NO 0249-4341 FM31840 PONUMBER MANUAL21183 1B93/0S/24<•>» > -2 •T. ; f A «• , ;■ •*'< '''•• • • ...;. 4 4 • :•* <•; i ! .* f* ■ '■* 4 •' ' V .• ■••ft V . 4 • •» “TT - S V T . «• » 4^' *’ if-. -v t ./'■ • «•• V*: 4T' •, . - * - V' p*v V^ fi‘ T •• • *'■*' r • \ • . .•»<• « . •• tV. ..:• ‘ ’ U . V.. r; ^ -y*- $621.17$621.17*$199,751.88*.m-•t •• • v‘.•.-Sf'. ♦•v;’.'i/T . •: . . 4 V* v -*i^ . '•'1 ,i Jr %.- ♦ •%ejmm.. 1••I . .. . >.y.» < 44 4*. • . .^.V* -.4 W . •..• 1, firfcu'ij .-. j -■ •vv-.^W-'.'i'-rC*...- k • ■-.,*• ■- • . •■ '•■■'■ ‘--'y V ■■ ■■?■ '1 u Avi-m C^l I >’1 may 2 4 1993 ^ ■ emroFORONo A ^• . r May 13.1993 fn' i‘‘u To: Members of the Orono City Council MAYi T T 1 am writing to formal ly express my concerns about the process that has been followed in the approval and planning for the proposed bike trail along Old Crystal Bay Road south of Highway 12 in Orono. My wife and I have had various conversations with city representatives about the impacts on my property if this trail proceeds as now planned. We have attended city council meetings whenever we were aware that the topic would be discussed and have expressed our concerns in public. We believe that we have been misled on several occasions about the final result of the trail as to the impact on our property- by city representatives. Last week, I had a conversation with a city council member who stated that all of the trees abutting Old Crystal Bay Road along my property line would have to be removed to accommodate the trail. My wife and I have asked that question previously and were told by the city engineer several times that few if any trees would be affected. We could not see how that was the case, but it was part of the city's argument when they held an open meeting last year on this issue and residents affected by the trail came to express their perspectives. We were assured that the impacts on our neighborhood would be minimal and that is not true. We feel that the open hearing last year was orchestrated to quiet the residents without disclosing the substantial changes to our privacy, noise levels and character of our properties. In a meeting in late 1992 or early 1993, the issue was discussed in the new city building and the cost of this trail was disclosed. I questioned the fiscal responsibility at that time, particularly when the communications with me and others directly impacted by the proposed trail have been vague and misleading. No one has spoken with me about how this trail will specifically affect my property and we have serious concerns about damage to our drainage pattern, our septic field and our property value that must be addressed, in addition to what we consider to be a significant diminishment to our enjoyment of our homestead. I do not believe that the costs of this trail have been adequately analyzed at 9II without a discussion witli impacted residents directly. In discussion with our neighbors, which has resulted in the petition that you received it is clear to us that the city has not communicated with the people about this segment Page Two Old Cr>'stal Bay Road Bike Trail of the bike trail. I feel that the specific plans should be presented to another open hearing with adequate notice to residents and that residents who are directly adjacent to the trail should be provided written information about the impact on their prc»perty. I do not care to have a city representative come to my property and attempt to iull me or my wife into a sense of false security again by misrepresenting the plans. We feel that we are reasonable people and we do not question the authority of elected officials to act in what is deemed to be in the best interests of the community. We do not feel that the discussions surrounding this bike trail have addressed the needs of affected parties for a clear understanding of the impacts on their properties and the corresponding right to voice their dissent. If there is actual damage to the properties, it is imperative that property owners have formal commimication about how the city plans to make them whole. In my circumstance, this communication is absent. May 10,1993 To: Members of the Orono City Council Re: Proposed Bike Trail along Old Crystal Bay Road We are residents of Orono who have property which will be negatively impacted by the proposed bike trail along Old Crystal Bay Road south of Highway 12. We urge the members of the City Council to reconsider their support of the proposal for the following reasons: 1.The proposed trail provides little if any benefits to the residents of this area. The linkage of the Luce Line Trail with Baker Park is important only to serious bike riders as the distance is beyond the normal recreational ride of most families. This trail will primarily serve foreign (non-resident) traffic. 2.The linkage of the Luce Line to Orono City facilities and the schools is of little value. The dangerous intersection with Highway 12 is an impediment to allowing children to cross alone, regardless of any plans for an overpass. 3.The rural nature of the Old Crystal Bay roadway will be destroyed, in favor of a style of a town like Plymouth or Burnsville. Curbs, gutters and an eight- foot path are hardly in keeping with the character of the community. 4.There will be significant increases in road noise throughout adjacent neighbor hoods due to the demolition of trees and foliage along the road. 5.The trail will primarily serve foreign (non-resident) traffic, further diminishing the private, rural nature of our conununity. 6.The cost of this trail is way beyond reason. By the cou. .oil’s own estimates, this trail will cost over twice what a normal trail of this length would cost. While it can be rationalized that this is state or county money, it is fiscally irresponsible. For these reasons, the undersigned strongly urge you to reconsider. Wc bought our homes with the expectation that Orono would maintain its exceptional character. This proposed bike trail is totally inappropriate from virtually every perspective. Wc ask each of you to consider carefully the impact that this will have on Orono residents and their property.. J J MAY, 117 '1S03 Against the Old Crystal Bav Road Bike Trail Name re’js Home Phone WjC lr\6 "Uur Udur'tYiM. . O otu ) juSuki'^_____1'._______1: " V7^-9'6£, ________1'.___________‘..- 2-7 3d "S^ivocwe^ Ct?.I t I I .OkiiV^..^ ----------------------------------- • o / / ,___- f «• J-0 c<!o>^o ^7^ v/<wtr -dU 9.1% 'hlu^vm. ^.:....Vjf.W /<^ !4~^__ ? 7 -7 i) ^LC:lL&lL‘r.-?j£----y.^l2i2£/_ c ^ A Ml -77 < 5^ A<^:^Lf^2Sr /‘fi> 4 SiCt^ ^ _______________ f>T»nnn ResidcnU Against the Old Crystal Bav Road Bik e Trail NaniC I aiV Biiir m fj_jJiii^y^t^ (Bo (^6i*^y^J2._ Address Home Phone t 4..^ ///.W /6dcM emh.L&^Li^l7A-l^d? 1 N. 'fc -j x-^’ •'—=- Ci /xsjt vr th! uiuy^ LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAY2ATA BOULEVARD. SUITE 160 • WAYZATA. MINNESOTA 55391 • TELEPHONE 6l2'473-7033 EUGENE R. STROMMEN. EXECUTIVE DIRECTOR "''ARO MEMBERS I. .: i ^ I *. \., r t' David H. Ccchran. Chmr Greenwood Tom Penn, Vice Chair Tonka Bay Douglas E. Babcock. Secretary Spring Park Scott Carlson. Treasurer Minnelrista Mfke Bloom Minnetonka Beach Albert (Bert) Foster Deephaven James N. Grathwol Excelsior JoEllen L. Hurr Orono William A. Johnstone Minnetonka Duane Markus Wayzata George C. Owen Victoria Robert Rascop Shorev/ood Tom Reese Mound Robert E. Slocum Woodland Mav 12, 1993 Forest Arr.s Improvement Association c/o James Lange 970 Forest Arms Lane Mound, m 55364 Subj: 1993 Multiple Dock and Mooring Area License The Lake Minnetonka Conservation District Directors has approved your multiple dock license for the 1993 season. The license and the approved stipulations, if any, are enclosed. Any Chang will require a new license. Your continuing cooperation in our "Save the Lake" program is appreciated. Sincerely, LA] MINNETONKA CONSERVATION DISTRICT Rachel Thibault Administrative Technician end: license, site plan l/lncl: municipality - City of Orono * ~i Ter 1J tC . I. ^ 1- J.JU No.V *> •'i s' - "• ** , .' ' $ Tin.nn 26 wsu 14 BSU Units^ .. • •-.' : % ■ ;• ■ ,V.; ■ . MULTIPl3E!DOGK MOORING LICENSE I i *■ V ;iv.:v4:;>: WHEREAS,; •- t ■- • FORF^T ARM<^ TMPRnVF^tt^WT A<;«^r>PTAxynw ;. >-4245 Forest Lalo h c nniH ihi. <nm nf Three Hundred Ten and No/IQQ *-a. has paid tnc sum ol^ ..■>uKi(?'rrkMi/ a rnN«Fiivation I: DOLLARS m^rB.CT 0;^..anc« o. said , : Kci anTcomplied wiih all the raquiremems o( said Ordinances necessary lor obraining Ibis Orens.. i; NO«^ TnEllEFORl^ By order ol the Board ol Directors ol said District and by .irtne hereol. tlte said ' V v-VAv^. >* : a' t ♦- Ar.e«d--i nn ______ i< hefgbvliccnscd and aulhorized to I, ^.;;c V’ S:V.V,j:ri4;^.4 V:'As ntnpnded with 4/27/9'^- site olqn4/7fl/<a:i------------------------- >. nir^^ciors___:____- . “• ’ Vof Oircctof3» *'*’ ■. • •• NON-CONFORMING STRUCTURE . , I condiuons and^^rovisionio^^^ ' B .■ii;; 5-Any special .e«nl ,reqnl«M AP‘« m ol a line ol not more than J70I season and ■ •Ci.enn;^;n.;;^^d^^^^£^'o<-^-«^«'r^ , •* i *1* •' ’* • •I 28TH day of A*D. 19 ^ • 4^Attest . « r* •« ••v^r.!:..f^i^5t'orEuUnrR.^St^^^ Chmrmon^^avldJB^^ • i*'V * rn: * ' • L, »*t • • .•.'*-•V.. • * I- ^ • .••c.* *4.a*:<*; »’■f; < ‘. • ^ Vi' ,vC/.v.- •• t ; .*•••• . . * _ • t » * ‘ • •. .• \^• / •* • . .• . • • •'. • ♦ • * • . • . .. . .. • . ^ » • * • .••'*• . . < . * •* . ...• . • •• • ••' #•. ♦ . • « : • ; k f.' . *' • ■ • • •. . • •• ■ • . . •..«.•■ .; . . > •• • • • > « . 4 '. 160l^vesi: - /I V »no ! LOT£2 lORisiaRMsiss'scrsonr. f -av’ (10) 11' X 32' Slips 2-11 (4) ir X 21' Slips 1. 12-14 (fe) - ■SH0f?EIlNEJ521'4:E.LV. 110 — LOT 25 ♦N-tt-t.lv tD APR 2 ? 1993 j L..M.C.D. LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD. SUITE 160 • WAYZATA. MINNESOTA 55391 • TELEPHONE 612.473-7033 EUGENE R. STROMMEN. EXECUTIVE DIRECTOR May 13, 1993 BOARD MEMBERS David H. Cochran. Chair Greenwood Tom Penn, Vice Chair Tonka Bay Douglas E. Babcock, Secretary Spring Park Scott Carlson, Treasurer Minrietrista Mike Bloom Minnetonka Beach Albert (Bert) Foster Dcephavcn James N. Grathwol Excelsior JoEllen L. Hurr Orono William A. Johnstone Minnetonka Duane Markus Wayzata George C. Owen Victoria Robert Rascop Shorewood Tom Reese Mound Robert E. Slocum Woodland Mr. Jim Dunn Lakeside Marina, Inc. 3324 North Shore Drive Wayzata MN 55391 Dear Mr. Dunn: We received your request for a hearing to appeal the conditions imposed on the Lakeside Marina multiple dock license after the 30 days to respond had expired. The Water Structures Committee, at its 5/8/93 meeting recommended that you be allowed a hearing before th full Board. The next LHCD Board meeting is 7:30 Ph, Wednesday, May 26, 1993 at the Tonka Bay City Hall. The committee said that you should confirm your intent to appear before the Board* Any additional information you would like to present should be submitted in writing for staff review in advance of the meeting. This information will be accepted up to 3:00 PM Wednesday, May 19, for the May 26th meeting. Please confirm your plans to appear before the Board May 26 and that you will be bringing written information in by May 19, by calling either me or Gene Strommen. Sincerely, LAKE. MINNETONKA CONSERVATION DISTRICT :achel Thibault Administrative Technician c:j. Hurr D. Babcock M. Gaffron-Orono J .A M.* > LAKE MINNETONKA CONSERVATION DISTRICT L'L LAKE USE AND RECREATION COMMITTEE ^ AGENDA Tuesday, May 18, 1993, 7:00 PM LMCD Office, Norwest Bank Building, 900 E. Wayzata Blvd, (Elevator access for Handicapped; use west entrance on Wayzata Blvd.) 1. Paradise Ladv Charter Boat, Wine & Beer License applications; Public hearing report and findings 2. Special Events; A. New Special Events (info only) 1) 1994 Lake Mtka Ice Fishing Contest, 1/29/94 2) MDA/Fina Family Fishing Tournament, 6/26/93 Renewal Special Events (info only) 1) Upper Mtka Yacht Club racing schedule, 5/13/93 -9/25/93 2) NW Tonka Lions Winter Fest, 2/18-20/94 Deposit Refund 6 $100, Holiday/Johnson Crappie Contest, 4/24/93 B. C. 3, Decibel Test, Tuesday, 5/25/93 - Program Update 4. Charter Boats ^A. Staff recommendation to issue Charter Boat certificate to Sunboat II recognizing City of Greenwood's ordinance prohibiting commercial watercraft stored in residential area Review Water Patrol procedures for conducting inspections on Charter Boats without LMCD applications V B. 5. Draft Code amendment recommended by LMCD Attorney regarding Liquor Licensees' Dramshop Insurance Coverage 6. Water Patrol Report A. Monthly Activity Report 7. Additional business 5/13/93 LAKE MINNETONKA CONSERVATION DISTRICT Sunday, 2nd Saturday, 8th Saturday, 8th Sunday, 9th Thursday, 13th Saturday, 15th Saturday, 15th Sunday, 16th Sunday, 16th Tuesday, 18th Thursday, 20th Thursday, 2 oth ^Haturday, 22nd S-aturday, 22 nd Sunday, 23rd Sunday, 23rd Tuesday, 25th Thursday, 27th Thursday, 27th Friday, 28th Saturday, 29th Saturday, 29th SPECIAL EVENTS CALENDAR MAY 1993 Wayzata Yacht Club (WYC) Sailboat Race Minnetonka Yacht Club (MYC) Sailboat Race ♦Silverado Pro Am Classic Crappie Tournament WYC & MYC Sailboat Races Upper Minnetonka Yacht Club (UMYC) Sailboat Race MYC Sailboat Races UMYC Sailboat Races WYC & MYC Sailboat Races UMYC Sailboat Race MYC Sailboat Race WYC Sailboat Race UMYC Sailboat Race MYC Sailboat Race UMYC Sailboat Race MYC & WYC Sailboat Races UMYC Sailboat Race MYC Sailboat Race WYC Sailboat Race UMYC Sailboat Race Sailboat Races MYC & WYC Sailboat Race UMYC Sailboat Races MAY 1993 continued 30 th *Dennis Green Bass Classic 30 th MYC, WYC & Shorewood Yacht Sailboat Races 30 th UMYC Sailboat Race 31st MYC Sailboat Races 31st UMYC Sailboat Race Wednesday, 2nd Wednesday, 2nd Thursday, 3rd Thursday, 3rd Friday, 4th Friday, 4th . Saturday, 5th Saturday, 5th Saturday, 5th Saturday, 5th Sunday, 6th Sunday, 6th Sunday, 6th Monday, 7th Tuesday, 8th Wednesday, 9th Wednesday, 9th Wednesday, 9th Thursday, 10th JUNE 1993 Wednesday Evening Bassin* MYC Sailboat Race WYC Sailboat Race UMYC Sailboat Race MYC Sailboat Race UMYC Sailboat Race Minnetonka Crossing Windsurfing Minnetonka Bass Classic MYC 6 WYC Sailboat Races UMYC Sailboat Race IN Bass Tournament MYC, WYC & SYC Sailboat Races UMYC Sailboat Race MYC Sailboat Races MYC Sailboat Race Wednesday Evening Bassin* MYC Sailboat Race UMYC Sailboat Race UMYC Sailboat Race ■i -a X 4 *1 4 :1 I :r Saturday, 12th Saturday, 12th Sunday, 13th Sunday, 13th Sunday, 13th Monday, 14th Tuesday, 15th Wednesday, 16th Wednesday, 16th Thursday, 17th Thursday, 17th Friday, 18th Friday-Sunday 18th-20th Saturday, 19th Saturday, 19th Sunday, 20th Sunday, 20th Sunday, 20th Monday, 21st Tuesday, 22nd *• Wednesday, 23rd Wednesday, 23rd Wednesday, 23rd JUNE 1993 continued MYC & WYC Sailboat Race UMYC Sailboat Race Wednesday Evening Bassin* MYC, WYC & SYC Sailboat Races UMYC Sailboat Race MYC Sailboat Race MYC Sailboat Race Wednesday, 16th Wednesday Evening Bassin* MYC Sailboat Race UMYC Sailboat Race WYC Sailboat Race UMYC Sailboat Race UMYC Sailboat Race MYC C Scow Nationals Regatta MYC & WYC Sailboat Races UMYC Sailboat Race Mound Fireworks & Water Ski Show WYC & SYC Sailboat Races UMYC Sailboat Race MYC Sailboat Race MYC Sailboat Race Wednesday Evening Bassin* MYC Sailboat Race UMYC Sailboat Race A. I. Thursday, 24th Thursday, 24th Friday, 25th Saturday, 26th Saturday, 26th Saturday, 26th Sunday, 27th Sunday, 27th Tuesday, 29th Wednesday, 30th Wednesday, 30th Wednesday, 30th * New Events 5/13/93 JUNE 1993 continued WYC Sailboat Race UMYC Sailboat Race MYC Sailboat Race *MDA/Fina Family Fishing Tournament MYC & WYC Sailboat Race UMYC Sailboat Race MYC, WYC & SYC Sailboat Race UMYC Sailboat Race MYC Sailboat Race Wednesday Evening Bassin' MYC Sailboat Race UMYC Sailboat Race • 4 * .V/ ■4 % k ••s- • / -■4 . '•*: • A •■rtf - 1 •■1 r..i ^ Deiphaven Excelsior Greenwood Long Lake Medina Minnetonka Beach Minnetrlsta LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION ^ i Orono St. Bonl/aclus Shorewood Spring Park Tonka Bap l^ctorla Woodland I. II. III. IV. V. VI VII 540 S«cond Street • P.O. Bon 473 • Excelsior. Minnesota 55331«M7|3y' a (612)474-5539 • Fax (612) 474-0430 M/\T| i * - • LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION FULL COMMISSION MEETING TUESDAY, MAY 18, 1993 5:00 P.M. 322 SECOND STREET, EXCELSIOR Call to Order Approval of April 1993 Minutes Reports a. Officers: Treasurer April 1993 Check Register - Pattrin 1st Quarter 1993 Financial Report - Pattrin b. Administrator/Production Coordinators c. Triax Cablevision Unfinished Business a. 1993 Revised Budget for Approval - Brancel b. Committee on Orono Studio - Pattrin c. Regional Ch. 6 Removal & Addition of C-SPAN II - Brancel d. Update on Hennepin County Auditor - Daniels New Business a. Award Video Program of the Quarter - Brancel b. Minnesota Community Television Awards - Brancel c. 1st Quarter 1993 Triax Complaints Status - Daniels d. Name Committee for 1994 Budget - Brancel e. Discussion on Commission's Position to Control "basic" Rates with FCC Formul*a - Daniels f. Triax Response to Servicing South Shore Apts. - Daniels g. Election of Officers for 1993/1994 - Brancel Matters From the Floor Adjournment I •‘n 4 LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION EXECUTIVE COMMIHEE MEETING TUESDAY, APRIL 20, 1993, 5:00 PM 540 SECOND STREET, EXCELSIOR I. CALL TO ORDER Chai’r Brancel called the meeting to order at 5:03 P.M. DIRECTORS PRESENT Barb Brancel/Shorewood, Chair Jim Olds/Excelsior, Vice Chair Ann C. Thies/Medina, At Large Dennis Stanga/Deephaven, At Large Tim Salazar/Minnetrista, At Large OTHERS PRESENT Jim Daniels/Administrator Colleen Lindskoog/Admin Asst. Jim Schindler/Production Coord. Greg 0'Gorman/Asst. Product. Coord. Rick Finch/Triax Cablevision Leon Boyd/Subscriber II.APPROVAL OF MINUTES . .c „ u ..Brancel asked for discussion or motion to approve the minutes of the March 16, 199- meet i ng.Motion 4.20.93.1 Thies moved to approve the minutes. Salazar seconded. Motion passed unanimously. III. REPORTS a) Treasurer's Report In Tim Pattrin's absence, Daniels described financial transactions for the month of March 1993. ^ ^ ^Motion 4.20.93.2 Stanga moved to approve the Check Disbursements for the period of 3/1/93 through 3/31/93. Olds seconded. Motion passed unanimously. b) Administrator's Report Daniels stated that he has spoken to another business group about the cable industry and the Commission's active part in it. Council meetings on Channel 8 are going great, the cities being covered are very pleased. He has received positive feedback from the general viewing public as well. There are upcoming shows with Congressmen Grams and Ramstad. It is their second show each since the beginning of the year. Salazar stated that Congressman Minge's office has been contacted on several occasions, but he has not made any response. Salazar then appealed to the watching audience for anyone that may work with or for Congressman Minge to please get in touch with the Commission office. . Daniels reported that "Capitol Update" is very successful and that he has received many positive comments. ^ xl ."Ask Your City" is still in the development stage, however, Oeephaven in their quarterly newsletter has a great article regarding it. A video toaster has been ordered and jt's cost was included in the approved 1993 budget. b) Production Report Schindler stated that there were 20 programs created from spring workshops have begun. 3/6/93 to 4/9/93. The c) Triax ReportFinch distributed the Channel 20 Program Summary, but asked that the monthly report be tabled and the written report distributed with next month's packets. He then stated that Country Music Television was recently added. He regretted not LHCCC - April 1993 Meeting Page 2 giving the Commission prior notice of the line-up change, however, after looking into the contracts, it was thought to have already been carried on the cable system. So, it had to be added rather hastily. Encore was also added per discussion at a prior LMCCC meeting. Finch informed the Commission that he has accepted a new position within Triax and will no longer be attending the Cable Commission meetings. Brancel thanked him for the great deal that has been accomplished during his tenure. She then asked him about the Hennepin County assessment. Finch stated that nothing new has developed since the last time it was discussed. Daniels stated his concern of this due to the Legislature coming to adjournment. Salazar asked when his replacement will be taking over. Finch stated that his successor is due to begin on Monday, April 26, 1993, however, he stated that he will be attending the next LMCCC meeting to introduce him. IV. a) UMFTWISHED BUSINESS Connittee to Handle "Election of Officers" Brancel read the following names of the nominations received so far: Chair: Tim Salazar, Minnetrista Vice Chair: Barb Brancel, Shorewood Secretary: Ann C. Thies, Medina Tim Pattrin, Orono Jim Olds, Excelsior Bob Anderson, Tonka Bay Dennis Stanga, Deephaven Treasurer: At Large: At Large: At Large: Brancel then stated that the nominations are still open and they can be added to any time. b) 1993 Budget Connittee Revision Brancel explained the budget revisions and asked for any questions. Daniels stated that at the time the original 1993 budget was drawn up, the Commission had not yet relocated, and a good portion of the budget changes reflected these costs. c) CoMittee on Orono Studio Thies stated that she had inquired with the Holy Name Church and School as to a possible relocation spot, however they did not have the space available. She then stated that she has not spoken with Pattrin and does not know his findings. Brancel asked if there was a deadline for any decisions to be made. Daniels stated that he feels the Committee should be prepared with a final report in time to put an;/ expenditures into the 1994 budget, which should be completed in approximately August 1993. d) Regional Channel 6 Removal & Addition of C-SPAN II Daniels deferred to Finch. Finch stated that he had to approach all the cities that would be affected by Regional Channel 6's removal. In so doing, he has run into at least one city that has rejected the switch. The dilemma being that the FCC standard signal is met sufficiently, however the reception quality is not there. At the location that Triax picks the signal up from, the signal is so bad that Triax just retransmits a bad signal. In order to satisfy the FCC to it's unacceptability, Triax would have to go into the two cable companies that Triax picks the signal.up from and trace the back to to it's source. Loretto has given an official rejection of the switch. Brancel asked if their reception is as bad as ours. Finch stated that it same poor quality. Salazar stated that he feels it should be a majority rules solution. Finch that a majority wants Channel 6 off, however the legal contract with each city it has to be modified and there in lies the problem. problem is the agreed is in i LMCCC - April 1993 Meeting Page 3 Olds stated that Triax servicing multiple franchises out of a single facility, could create future problems as well. The possibility of plugging Channel 6 into just Loretto is an option to be looked at by Triax. Finch agreed with this possible solution, but stated that Triax is looking into all aspects of the situation to come to a viable resolution.^^^ asked Finch if it is the city government or a Cable Commission that has rejected the switch. Finch stated that it is the city governments decision. Daniels asked if they are aware of the lengthy process the Cable Commission went through, before arriving at the decision to grant removal of Regional Channel 6. said that they are aware to some extent, however it does not seem to matter. They reel the quality of program content outweighs the quality of reception. i Salazar asked for an approximation of time involved in straightening out the i®93l problems with the removal. Finch stated that the possibility of months is not out of the ^ Olds stated he feels legal counsel should be contacted to look into the Commission's legal position in this matter. The Executive Coi^ittee concurred. Olds then stated that the city of Loretto has rights as well, however the potentiality of future problems should be a main concern. u ^ Finch stated that multiple communities serviced by one facility has it s advantages as well, such as keeping costs down by spreading it out over more subscribers. V.NEW BUSINESS Renewal of Triax Performance Bond ^ .4 uDaniels stated that notification of a current Performance Bond be sent year and it has been done satisfactorily, meaning Triax is in compliance. once per b) Report on CoimMinity Television Awards Schindler stated that the following were finalists Television Awards:Let's Explore Excelsior - Excelsior Elementary School Seniors Corner - Jan Gray Where Are They Now - Jan Haugen in the Annual Community c) Triax Cablevision Response to Cable Customer Concerns (Not Technical) Daniels introduced Leon Boyd, a subscriber, who is here to address an issue he has bSsssra his "no", as was done by Triax's telemarketers. .Finch stated that a response letter was sent on April 1, 1993 ar will give another copy stated that this is the first complaint in two years of service with this telemarketing firm, however it was reported to them and hopefully this will alleviate the situation.^^^ to tell the telemarketer to out his name on an exclusionary list and they cannot legally call him again. ^ Salazar stated that he feels that this type of situation, though inconvenient to the subscriber, helps Triax in the long run. Finch concurred. ^ a .aBrancel asked Boyd if he %ds satisfied with how the situation was handled. Boyd stated that he felt it was handled correctly and thanked the Commission. Dante!s**sa?d**thS people are under some false impressions due to media reports on .V LNCCC - April 1993 Meeting Pjge 4 the standing of the FCC. He stated that a letter sent by Brancel to the Mayors and City Councils of the 14 LMCCC cities will hopefully help to clarify the current standing of the legislation. Daniels emphasized that no reduction in cable rates has taken place as yet. When the time comes and a "basic" rate is established it will result in a credit on the bill, but until that time, there is no change in rates. ... Thies asked Daniels what the Commission's next step will be. Daniels said that as of now, that step is not clear. However, the Commission's attorney is following the situation closely and will make contact with options when it is appropriate. Thies asked if this would be within the 120 day rate freeze period enacted by the FCC. Daniels stated yes it would. Finch stated that everything is contingent upon everything else and that is is a very long and complicated process to decipher the FCC's mandates. He then stated that he feels it is critical that the LMCCC and Triax work together on any incoming information. VI.MATTERS FROM THE FLOOR Brancel asked for any matters from the floor. VII. Moti m4.20.93.3 Olds moved to adjourn. Thies seconded. Motion passed unaniMously. The meeting was adjourned at 5:50 p.m. Respectfully submitted. Colleen Lindskoog Administrative Assistant /cl 'I •s * ^ ... i a ■ • :—:;♦! ; ............« 1 ■ i:r ...i i' : i ... 1 ' (!)! ? :.354 1 ■ ..t * De^phaven Bteebior Greenwood Long Lake Medina Minnetonka Beoch MInnetrlatc LAKE MINNETONKA CABLE COMMVNICATIONS COMMISSION Orono St. Bonifaelua Shorewood Spring Park Tonka Bay Mctorla Woodland 540 Second Street * P.O. Boh 473 • ExceUior. Minnesota 55331*0473 (612) 474*5539 • Pan (612) 474*0430 NOMINATIONS FOR 1993/1994 ELECTED OFFICERS (As Of 5/10/93) Chair: vice Chair: Secretary: Treasurer: At Large: At Large: At Large: Tim Salazar (Minnetrista) Barb Brancel (Shorewood) Ann C. Thies (Medina) Tim Pattrin (Orono) Bob Anderson (Tonka Bay) Jim Olds (Excelsior) Dennis stanga (Deephaven) PROGRAMMING REPORT Chronicling the activity at the Lake Minnetonka Cable Communications Commission Studio in Excelsior from Saturday, April lOth through Friday, May 7th, 1993. Works completed A. Meeting coverag«2 1. Excelsior City Council-producer Bob Bolles covered the meetings of April 19th and May 3rd 2. Spring Park City Council-producer Jan Haugen covered the meetings of April 19th and May 3rd 3. Lake Minnetonka Cable Conunications Commission- LMCCC staff covered the meeting of April 20th 4. Shorewood City Council-producer Harold Dircks covered the meetings of April 12th and 26th 5. Tonka Bay City Council-producer Tim Wiley covered the meetings of April 13th and 27th 6. Victoria City Council-producer Tim Wiley covered the meetings of April 15th and May 6 B. Series programs 1. Capitol Update-the seventh edition of this studio program features Sen. Ed Oliver with guests Karen Anderson of the Minnetonka City Council and Doug Tenpas, Mayor of Eden Prairie 2. Community Spotlight—the twentieth edition of this studio program focuses on the Deephaven Elementary Centennial with guests Phyllis Messenger, Mary Raymond and Dr. Don Draayer joining host and co-producer LeAnn Smith 3. Seniors' Comer-the sixteenth edition of this studio program focuses on the Minnesota Senior Federation with guests Peter Wyckoff and Chuck Grimsrud joining host and producer Jan Gray C. Individual programs 1, A Warm Fire-soothing, relaxing video of a fireplace-producer; Tim Wiley 2. Minnetonka School Board Candidates Porum-videotaped on 5/1-producer; Jan Haugen *16 programs were created* D. Orono Studio-the following new programs were cablecast on Channel 21 1. orono Primary Creative Dance 2. orono School Board Candidates Forum 3. orono H.S. Pop concert 4. Orono Primeury Spring Musical E. Workshops-one introduction to Community Televiaion, two Portable Video, two Editing workshops were heId-total participants: 25/average evaluation: 14.5 on a scale of 15 (continued next page) II. Works in progress Mv,rm tirtiiintintTiinnil Su«*8iaof—WW.. Aprt 14. 1993- FCC rules mean rate freeze on cable prices By Angie Cairns Local cable-television subscribers could be in for a re fund. according to a summary of new rate regulations released April t by the Federal Com munication Commission (FCC). The FCC rules are part of an answer to the Cable Consumer Protection and Competition Act of 1992, passed last October by the U.S. Congi^. The act gives the commission authority to regulate cable rates on a complaint-driven basis, accor ding to the FCC sununary. Regulation would only apply to baite cable service and equip ment, not the rates of premium channels such as HBO, Showtime or pay-per-view. But reaching the point where consumers could see a refund will lake time, and in some cases it might not happen at ail. Such a ref could only occur if rates are challenged and then determined to be above the reasonable “benchmark” set by the FCC. Benchmarks will be set dUf- (srcntly for various ports of the country. The formula for the benchmark ceiling will be in cluded in the official order detailing the regulations. That won’t be out for three to four months. Until then, the FCC has im plemented a 12lKlay rate freeze effective April S. It has also ordered the roll back of cable rates to prices on Sept 30, 1993, when the commission surveyed cable companies, said Jim Daniels, administrator of the l«ke Minnetonka Cable Com munications Commission. The survey revealed that rates charged by companies not Rates have risen for area residents since September Triax (Lake Minnetonka area) • Sept. 30. 1992 — 114.69 for basic cable, $22.04 for ex panded service. • Today — $14.89 for basic cable. $22.99 for expanded service. King VidcocjMc (Plymouth) • S^. 30. 1992 - SS.35 for basic cable. $12.75 for ex panded service. • Today — $9.96 for basic cable. $13.40 for expanded service. Paragon (Eden Prairie. Minnetonka and Hopkins) • Sept. 30.1992 - $13.50 for basic cable, $21.50 for ex panded service. • Today — $15.50 for basic cable, $22.96 for expanded service. facing competition are appiux- imately 10 percent higher than rates charged by similar systems operating with corn- potion, accordii^ to the summary. Competition exists if “fewer than 30 percent of households in the franchise area subacribe to the cable system." according to the summary. Triax Cablevision, which serves the Lake Minnetonka, area, has 55 percent of the elisi-' ble househoUi. said Daniels. Since the act was passed on Oct. 5, 1992, cable companies across the country have raised basic rates in expectation of regulations, said Danieis. Although the act gives the FCC jurisdiction to regulate rates if a complaint is given, local franchise authorities — such as the LMCCC — can exer cise that right if it is certified bv the FCC. Daniels said he is not sure if the LMCCC will take that option. “The commission hasn’t real ly taken a position on that because it hasn’t seen the [ben chmark] formula,’’ he said. — Ch^nhasscn VUIagtr — Thursday. April 15. 1993 Rate freeze Rate decrease Achoa this month by the Federal Communicatioas Oimmission (FCQ could »TMia«i a reduchoQ in local cabJe-iele- visioD rates for cuscomen whose bills have gone up September of 19^ i >¥ • FCC action could lower cable costs By Linda Oison Action this month by the Federal Conununicatiors Commission (FCC) could mean a reduction in local cable- television rates for customers whose bills have gone up since September of 1992 In a move to control the cost of basic service to cable subscribers, the regulalo'y agency on April 1 ordered a roll back in any increases which have occurred as of last September. “This have been a very long, strenuous and uivolved process." noted Barbara Brancei, chairwoman of the Lake Minnetonka Cable Com munications Commission, whose area of service includes a portion of Carver County. "Cable subscribers, however, are the witmers, and I believe ‘..hat the final result will clearly be worth all of the effort it took to make Congress bear our need for increased service and rate coniroi." The roll back affects only basic cable and does not apply to so-called "premium" channels such as Home Box Office, the Disney Chaimel or Showtime, she added. Because the cable industry has indicated it may seek a court cfaal- Icngi* to the FCC lulii.g. tt .ctly when — and if — Customers might see a., price reduction is unknown. Mean- '■ while, FCC commissioners have voted to freeze rates for a 120-day period, during which time they will put the new t^es into place. Brancei said 'nal the next three- lo-four months would be critical in determimng an acceptable formula for what she termed "reasonable rates." She added that the local cable commission would continue to con sider the rate freeze, which look ef fect .Apnl 5. as its "number-one prior ity item." Deephaven -----------------------------------------------------TT A Newsletter , City Residents 1 Apnl/May/Tune. 1993 Ask Your City! 4^m •.C A ^ A small area group of City Clerk/Administrators are preparing to “come to you'* through the Lake Minnetonka Cable Communication Commission studio in Excelsior. There will be a 30 minute program once a month with diffomt cities ho^g ^e ' show. We ^jencouragiing people to ask qix^ns ra'ropics they ‘' would like diseti^d Your questions'^' bemaii^ tt> LMCCC, ■'/ ■' j “Ask YouV^'t^, PO Box 473, Excekior ‘MN"‘55331.Ve1tre"^^^^^^^ hopuig the can get off the ground in Apnril. Watch your cable ' channel and Ask Your Question! • w« • •• • • i:Ul_ May 16,1993 Orano Mayor and City Coundl MAYi 18 19^ P.O. Box 66 Crystal Bay. Minnesota, 55323 Dear Mayor and Qty Coundl Members: It is Spring once again and as in past years nothing has changed with the workings of Lakeside Marina or what ever it happens to be called this year. We own the property at 3332 North Shore E>ive directly to the West ct the Marina We have put up more than anyone should have to deal with for years. This is being written early with hopes that some watchful police Qty Coundl and LMCD can keep Mr. EXinn in line with the rules. The parking lot at the Marina is so filled with boats that there is no place for their customers to park exrapt on our property or cn the shouldejysf the road. 1 was told by one ol' the customers who I informed he was on public property that he was told by “Mike “ it was perfectly O. K. to park where he did. I am asking the help of the Orono Police to tag cars illegally parked in front of our property. Mr. Dunn is continually parking boats in the set bade area on the west side of his docks, does not have the required No Parking signs or fendng up ^long his docks and has boats parked cvery%vhere and anywhere in and out of the water. I am asking you to make a sincere effort lo look closely at the way in whidi rules are broken at this Marina I ask the Orono Police to mcniter the parking. It is with some hope and help from you. the LMCD and the Police that foi once we could come to our "summer piaoe" and have a relaxing afternoon without having to observe rules being bi oken by one Mr. Dunn and his uninformed employees Sinoerely, 'Sandjf Karhberg / 5108 Woodlawn Boulev ard Minneapolis, Minnesota. 55417 cc Orono Police LMCD Steve Smith State Rapraaantettea District 43A Henr»epir> County Minnesota House of Representatives COimiTTfIS governmental OPERATIONS PENSIONS subcommittee JUD iCiARY FAMILY lAV.'SUBCOMMiTTtE Civil law subcommittee local government and metro affairs transit subcommittee May 3, 1993 Edward J. Callahan, Jr., Mayor City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Dear Ed: Thank you for your letter of April 6 regarding your rec[ue6t for support in finding additional public money for acquisition of a boat access ramp on Maxwell Bay in Orono. I have voted Hyes" on a bill during the last few days that I believe would provide the rounding. When it comes back from conference Ic .er in session, I trust funding will be available. I will attempt to keep you advised. Again, thanks for contacting me. Ci«r*» Mou *vJ M ^nesoTa 55364 16 47?.7664 OMice Pii-'d ng St Pa.i. M-nr,^ sot a f: 5 *'5 iR F A> rr ?9f 334? .6^- I MINUTES OF THE MEETING OF THE BOARD OF EDUCATION OF ORONO INDEPENDENT SCHOOL DISTRICT N04l|^ 1 C HELD ON APRIL 26, 1993 Th# ra^ular Beeping of the Board of Education of Orono Independent School District No. 278 vas held on Monday, April 26, 1993. Present:Dave McKovn Don Anderson Janes Franklin John Maresh Peg Swanson M«<rtha Van de Ven Thoaas Mich Neal Lawson Chainan McKown stated that, with the permission of the Board, they would address Agenda Item three (Elementary and Primary Schools Placement Practice) under New Business immediately following the report from the Superintendent. UPON MOTION by Jim Franklin, seconded by John Maresh, the consent agenda was approved as follows: - approved the minutes of the April 12, 1993 regular meeting; - approved the request of Sharon Chmielarz, middle school teacher, for a leave of absence for the 1993-94 school year; - approved the Activity Fund Report for first quarter, 1993; - approved the Treasurer's Reports (July, 1992 - March, 1993); - approved open enrollment for a third grade student; approved the bills as covered by vouchers 077871 through 078006. Don Anderson requested that in the Treasurer's Report the building construction monies be recorded separately which will provide the Board with a more clear statement as to the ending balance. The Board concurred and Mr. Lawson will make this change. Motion carried. Dr. Mich stated that last week the North Central Accreditation Association visit was held and he explained the process which took place prior to the visit. He stated that the exit report was incredibly positive ani recommendations will be forthcoming from this report. He expressed appreciation to Connie Fladeland and Barb Keen for their work/leadership in preparation for and during this visit. Dr. Mich reported that Neal Lawson, Peg Swanson, Martha Van de Ven and he had met with representatives from the Minnesota Business Partnership with respect to their proposal for the refinancing of j •ducation; that through Couiunity Education tha 7th gradaro will participata in a youth sarvica day to ba hald on Nay 7; that tha alaaantary and primary playground coamittaa continuaa thair work and ara in tha baginning stagaa of fundraising for this projact and thair tiaa/affort is such appraciatad; that tha summar racraation and anrichaent program offarad through Coaaunity Education currantly has ragistared 1,200 students; that tha Spanish program will ba continuad at tha aiddla school laval for naxt yaar. By way of axplanation, Dr. Mich statad that for many yaars at tha alamantary and primary schools thara has baan tha practica which providad tha opportunity for parants to salact tha taachar for thair studant on a first coma, first sarvad basis but this practica has bacoma incraasingly difficult to managa and tha practica can no longar accommodata tha raquasts that ara racaivad. Ha informad tha Board that this is an administrativa procadura and not a Board policy and that Mr. Gilbart and Ms. Fladaland will provida tl.a Board with inforr tion on tha task forca study that was conductao as wall as tha procaduras intandad for usa in placamant for tha 1993-94 school yaar and ha than cal lad on Ms. Fladaland and Mr. Gilbart. Ns. Fladaland prasantad background information on tha organization of astablishing classas ouch as balance of sexes, special needs of students, boy/girl leadership skills, ate. and that honoring specific teacher requests has become incraasingly difficult. Ms. Fladaland statad that tha system that has baan devised will allow parants to provida information regarding thair studant and that information will ba considered by tha principal who is also knowledgeable about tha personality, teaching style, and strengths of tha classroom teachers. Nr. Gilbart than providad information on tha process that tha task forca followed in its study/review which included a survey of surrounding school districts and ha reviewed tha form that was developed from this study and that parants will be asked to complete for the placement of thair child. Discussion ensued with parents stating thair concarns/quastions regarding tha placamant of thair children and administration responding to those concarns/quastions. Dr. Mich expressed appreciation to tha parants for thair attendance at tha meeting and thair concern. Ha statad that administration will meat within tha naxt few days to consider tha input/suggestions from tonight's meeting. Tha meeting was recessed at 8:50 p.m. and reconvened at 9:05 p.m. Chairman McKown statad that, with the permission of the Board, they would continue at this time with tha New Business and with tha completion of that business, a decision will ba made as to dealing with tha development of tha instructional goals under Old Business. Dr. Mich presented tha 5000 and 6000 series policies stating that this is a continuation of tha review process for our policias/procadures. Dr. Shutts, representing tha committees that r«vi0v«d th€— two sorioo, statod that Boot of tha changaa/additions/dalations vara for tha purpoaa of clarification or to aaaura coaplianca with atatutaa. Dr. Shutta anavarad quaationa froa tha Board« notad auggaationa for additional changaa aa wall aa apacific araaa that will ba raviavad in furthar datail naxt yaar (liat will ba praaantad at tha tiaa of tha aacond raadlng). Dr. Shutta will chacic tha raquiraaanta ragarding iaauniaation racorda. Tha Board axpraaaad appraciation to tha conittaa for thair work on thaaa two policy aariaa. Nr. Lawaon praaantad tha 1992*93 Final and 1993*94 Praliainary Budgat for tha Board'a conaidaration. Nr. Lawaon raviawad tha budgat docuaant and providad an ovarviav of tha coabinad atataaant of oparating and non*oparating funda. Nr. Lawaon raapondad to quaationa froa tha Board for clarification purpoaaa. Board approval will ba nought at tha Nay 10« 1993 aaating. Dr. Nich and tha Board axpraaaad appraciation to Hr. Lawaon for hia work in tha davalopaant of tha budget aa wall aa hia praaantation of thia information. UPON NOTION BY Hartha Van da Van, aecondad by 'eg Swanaon, item one under New Buainaaa ragarding the davalopnant of tha inatructional goala will ba placed on the agenda for the Hay 10, 1993 meeting. UPON MOTION by Don Andaraon, aecondad by Peg Swanaon, tha meeting waa adjourned. Notion carried. /%hn Mareah, Clerk Dave NcKovn, Chairman y 3dthrindci HI Hi 1 ^.INv 'V' !\< ''t -T! V!' ■ '! > V!' • ;(< Vi till K -M ill. S- May, 1993 Dear Mayor; The City of Minneapolis recently passed an ordinance requiring li^or establishments to post warning signs for pregnant women and drinking. The Healthy Roots Fetal Alcohol Syndrome CoaliHon feels this is a major step toward increasing awareness of the dangers of drinking during pregnancy. The effect of alcohol use during pregnancy includes both Fetal Alcohol Syndrome (FAS) a combination of significant birth defects and mental retardation, and Alcohol Relat^ Birth Defects (ARBD), which results in cognitive and behavioral impairment. According to the Journal of American Medical Msoaation (April 1992), Fetal Alcohol Syndrome is the leading cause of mental retardation in the United States. This is a condition that is totally preventable. Healthy Roots FAS Coalition is a cross disciplinar}' statewide coalition of volunteer based in Minnesota who share a commitment to prevent Fetol Alcohol Syn^ome by promoting pubUc awareness, providing professional education, shaping soaal public poUcy initiatives, and conducting research. We are encouraged by the Mmneapolis ordinance and would like to see it implemented in other cities throughout Minnesota. We encourage you to seriously consider taking si^r action for your city. If you need further information or assistance, please feel free to call Joyce HoU, Healthy Roots Program Manager, at (612) 647-6905. Give every baby a healthy start in life. Warn women about the dangers of alcohol during pregnancy. Sincerely, HBarbara J. Leonar Chair JUi_- MAY! f 3 1993 5UTEU" .-1 rAU A.IS'-lA'TA.MH ..MAMT-V. .MN REPORT N6R. BPRMTISS-1 DATE OF RUN OS/03/93liquoririnking. The [najoT step towardicy.Alcohol Syndrome ardatioH/ and Alcohol >ehavioral tsociation (April etardation in the:oalition of volunteers , Alcohol Syndrome by i, shaping social pubUc d by the Minneapolis s throughout milar action for your . ____11 Hnll. PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATE••••• PERMIT ISSUED REPORT CITY OF ORONO • • • ■ ■PAGE; 1REQUESTER; CAROLE-- CURRENT RANGE - 01/01/93 - 04/30/93 PREVIOUS RANGE 01/01/92 - 04/30/92BuUdlnaSOL FAMlLY'NEWSF-AOO/REMOOELSF-ACC STRUCTUREOENO/PRINCIPALCOMCRCIAL'NEWCOM-AOD/REMOOEL INSTITUnON'NEW XNST-ACC STRUCT XNST-LANO ALT PLAN REVIEW ONLY DEMO-ACCESSORY ACC/QARAGES Sub-totalMochanlcal HEATING SYSTEMS AIR CONDITIONING WOOD STOVE/FLUE FIREPLACE VENTILATION GAS LINE INSPECT DUCT WORK ONLY REMOVE OIL TANK Sub-total PluRbino FIXTURES WATER METER REPLACE METER UNDEFINED Sub-total QTY BASE FEE VALUATION PLAN REVIEW OTY BASE FEE VALUATION56,858.50 1,556,000.00 4,458.05 8 10,219.00 2,257,600.005211,235.50 1,453,856.44 5,364.80 37 10,140.50 1,476,803.006536.50 48,500.00 327.93 4 232.00 17,200.003150.00 0.00 0.00 3 149.50 1,000.0000.00 0.00 0.00 1 797.00 145,000.00154.00 2,500.00 35.10 0 0.00 0.0000.00 0.00 0.00 1 414.50 50,000.001330.00 37,000.00 214.50 0 0.00 0.0010.00 0.00 0.00 0 0.00 0.0010.00 0.00 984.43 1 15.00 0.00290.00 0.00 0.00 1 30.00 0.0000.00 0.00 0.00 2 159.00 13,200.00 PLAN REVIEW9,642.38 6,229.32 ISO.10 0.00 519.05 0.00 269.43 0.00 0.00 15.00 0.00 93.6072*19,224.50*3.097.856.44*11,384.81*58*22.156.50*3,960.803.00*13.918.58*23 1,827.06 55,225.00 0.00 19 1,035.00 27.00 0.006323.75 22,755.00 0.00 2 75.00 3.00 0.0000.00 0.00 0.00 2 90.00 1.00 0.00191,000.51 57.040.00 0.00 12 390.00 9.00 0.00135.00 1,500.00 0.00 60.00 1.00 0.00395.00 425.00 0.00 6 180.00 3.00 0.004137.50 4,202.00 0.00 2 60.00 o.no 0.00 0 0 00 0.00 0.00 8 180.00 • 4.00 0.00 56*3,418.82*141.147.00*0.00*51*2.070.00*48.00*0.00* 36 3,172.70 180,376.24 0.00 37 2,913.00 0.00 0.00 3 505.00 2,400.00 0.00 3 549.00 0.00 0.00 1 0.00 0.00 0 00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 30.00 0.00 0.00 40*3.677.70*182.776.24*0.00*41*3,492.00*0.00*0.00* 1.035.00 27.0075.00 3.0090.00 1.00300.00 9.00eo.oo190.00 1.003.0090.00 0.00190.00 • 4.002,070.00*41.00* 2,913.00 0.00549.00 0.000.00 0.0030.00 0.003,492.00*0.00* 0.00 0.0030.00 0.00100.00 0.00110.00 0.000.00 0.0030.00 0.0090.00 0.00400.00*0.00* 90.00 2,992.0090.00 1,000.00150.00*3.912.00* 30.00 0.0030.00*0.00* 150.00 202.000.00 BUILDING MECHANICAL PLUMBING SEWER & WATER USER SION:».224.50 3,414.82 3,677.70 6.564.50 125.00 30.000.00 0.00 1.50 0.00 0.001.SS0.45 81.40 99.38 6.50 0.00 0.000.00 0.00 0.00 0 cc 0.00 0.00l.SOO.OO 0.00 0.00 S.250.00 0.00 0.000.00 30.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.0022S.OO 38.8S 12.00 910.601.5033.IS4.76 3,570.57 3.789.08 12.733.10 125.00 30.00 01/01/93 -RANGE . . . .04/30/93 01/01/92 -RANGE - - - -04/30/92OTYBASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEW82,255.00 0.00 0.00 6 3,160.00 0.00 C.OOi73,275.00 0.00 0.00 12 1,950.00 0.00 0.004800.00 0.00 0.00 9 1,075.00 0.00 0.001250.00 0.00 0.00 0 0.00 0.00 0.001150.00 0.00 U.OO 0 0.00 0.00 0.0031*6,830.00*0.00*0.00*27*6.185.00*0 00*0*00*31**6,630.00**0.00**0.00**27**6,115.00**0.00**0.00** M06: _ JREQUESTER: CAEOLC- -*«EV10US ;Ol/Oi/92 • 04/30/92iase feei.ieo-ocL.9S0.000.000.006.115.00*6.115.00**VALUATION FLAM REVIEW0000000000.00.00.00.00*0.00**c.oo0.000.000.000.000.00*o.oo**RAGE: 3REQUESTER: CAROLE 1993 RSCAP OF CONTC!ACT CITIESJanuary February March Apri 1Sprint ParkPlan Rtviaw O.uO 539.83 386.43 218.73Inapactiona60.00 105.00 135.00 90.00Rttainar2S.OO 25.00 25.00 25.00TOTAL85.00 669.83 546.43 333.73He. Plan Reviews 0 3 1 1Ro. Inspections A 7 9 6Ninnatonka ReachPlan Review 0.00 46.80 122.85 281.13Inapectfons75.00 120.00 240.00 75.00Retainer25.00 25.00 25.00 25.00TOTAL100.00 171.80 387.85 381.13He. Plan Reviews 0 1 1 2Ho. Irepectlons 5 8 16 5185.00 861.63 jU.hs ;\dy June July August Septester October NovesAier Oecesiber YTD Totals SE FEE VALUATION PLAN REVIEW529.50 1,249.000.00 3.594.19545.50 302,810.00 1,568.78188.00 15,500.00 122.2049.50 0.00 0.00414.50 50,000.00 269.430.00 0.00 0.0030.00 0.00 0.00159.00 13,200.00 93.80916.00*1,630,510.00*5,648.20*225.00 15.00 0.000.00 0.00 0.00135.00 4.00 0.0060.00 2.00 0.0090.00 2.00 0.00510.00*23.00*0.00*427.00 0.00 0.000.00 0.00 0.000.00 0.00 0.0030.00 •0.00 0.00457.00*0.00*0.00*0.00 0.00 0.00100.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100.00*0.00*0.00* 30.00 1,000.00 0.00 30.00*1,000 00*0.00* 30.00 0.00 0.00 30.00*0.00*0.00* 50.00 0.00 0.00 50.00*0.00*0.00* ,093.00**1,631,533.00** 5.648.20* ••'^0 PAGE: iREQUESTER: CAROLEANQE. . . . ... . . . . ./30/92VALUATION PLAN REVIEW49.000. 00 02.810.0015.500.00 0.0050.000. 00 0.00 0.0013.200.00 530.510.00*15.000.004.002.00 2.0023.00*0.00 0.00 0.00 • 0.00 0.00*0.000.00 0.00 0.00 0.00* 1,000.00 1,000.00* 0.00 0.00* 0.00 0.00* m- 3.594.191.588.78122.200.00269.430.000.0093.005.648.20*0.000.000.000.000.000.00*0.000.000.000.000.00*0.000.00 0.00 0.00 0.00* 0.00 0.00* 0.00 0.00* 0.00 0.00* 631.533.00** S.648.20** PERMITS ISSUED/FEES COLLECTED f :t APRIL 1993REPORT NBR. BFEERPTl-1 DATE OF RUN 05/03/93 ***** PERMIT FEE REPORT ** CITY OF ORONO FROM 04/01/93 TO 04/30/93 REPORT NBR. BFEERPTl-1 DATE OF RUN 05/03/93 REPORT TOTAL BASE FEE 13,586.71 PLAN REVIEW 2,669.12 SURCHARGE 479.62 Lie. SEARCH FEE 0.00 SAC 1.500.00 INVESTIGATION 0.00 DEPOSIT 0.00• MAI IN 1.50 MAIL IN 13.45 SEWER CONNECTION 910.60 PERMIT TOTAL 19,161.00 ** PERMIT FEE REPORT ** CITY OF ORONO FROM 04/01/93 TO 04/30/93 Page 2 REQUESTER^^’cAROLE^^•BUILDING MECHANICAL PLUMBING SEWER & WATER USER SIGNBASE FEE 6,282.50 801.20 888.01 5,565.00 50.00 0.00PLAN REVIEW 2,667.62 0.00 0.00 1.50 0.00 0.00SURCHARGE425.97 27.58 23.07 3.00 0.00 0.00Lie. SEARCH FEE 0.00 0.00 0.00 0.00 0.00 0.00SAC0.00 0.00 0.00 1,500.00 0.00 0.00INVESTIGATION0.00 0.00 0.00 0.00 0.00 0.00DEPOSIT0.00 0.00 0.00 0.00 0.00 0.00MAI IN MAIL INSEWER CONNECTION 1.50 13 45 910.60 ? .PERMIT TOTAL 9,376.09 843.73 911.OC 7,980.10 50.00 0.00 993 Page 2 ■A A ■ k'H H PAGF-REQUESTER: CAROLEERUSERSIONFIRE•00 50.00 0.00 o.co500.00 0.00 0.00000.00 0.00 /r 0.00000.00 0.00 0.00OO0.00 0.00 0.00300.00 0.00 0.00300.00 0.00 ' 0.00SOLO50.00 -#■ ■' ■'0.00 0 CQ WinrililiTiTi^•IiWili^^¥wn\ tlB T i EEHuti • J• J11• •• • 1 i1 •1 •• •• J1 •• •J 11 1 fl 1 • 1 1 • 1 1 1 1 1 • • 1 • • I • 1 • • 1 • • 1 • ANDRUSJOHNSONHANSSEN 14.000.002,500.00BENOIT. 00WERNEROLSONBENNETTDUOOSVAUGHAN. 00 300.00 6,180.00 1,500.00 17.000.00BENOIT. 00 onNORTON. 00MANLEY. 00 noMALIKNORTON. 002,700.00BELLAMYBELLAMYHILMANVAN WINKLEDRESSELHOFFMAN . 00 .00 .00.. .00 6,400.00 3.000.00revier. 00CURRIER, JR • 00 .00 Mayor and City Council Ron Moorse, City Administrator May 21, 1993 SUBJECT: Pheasant Lawn Goose Relocation Program TO: FROM: DATE: I have attached a letter from Carol Burgess of the Pheasant Lawn neighborhood requesting the Council reconsider its decision to discontinue its support of the goose relocation program Ms. Burgess will be presen at the meeting to make a presentation during the Public Comment period. M.NV " ’i f.CT. May 19. 1993 Ron Moorse City Administrator City of Orono Crystal Bay, MN 55323 Dear Mr. Moorse: In 1989, Orono residents from Pheasant Lawn requested assistance in dealing with an increasing Canada Goose problem in the Pheasant Lawn lagoon area. Canada Geese were increasing significantly throughout urban Twin Cities neighborhoods. For those living on Lake Minnetonka, the Goose population was becoming unmanageable. Lawns and beaches for summer recreation were unusable without hours of clean-up. Families with young children found play areas taken over by the Canada Goose population. Through the assistance of the Orono Public Safety Office, the University of Minnesota Fish and Wildlife Department was contacted and arrangements were made to remove geese in and around Pheasant Lawn. Geese were gathered during their non-flying period (mid-June to early July). Adults were transported to southern states, such as Missouri. Oklahoma. Louisiana, etc., and young Geese were relocated in rural areas within this state. The cost of removal was $1.000. The City of Orono agreed to pay $200 of the fee: Pheasant Lawn residents paid the remaining $800. Dr. James Cooper. Director of the University Canada Goose program, recommended an initial four-year removal program. Geese were picked up and removed from the Pheasant Lawn area in 1989. '90. *91. and '92. Following is a summary of these efforts: Year Adult Geese Goslings 1989 101 67 1990 12 25 1991 164 131 1992 99 132 Dr. Cooper had informed residents that there was no way to control the migratory birds in the spring and fall. However, the removal of Canada Geese in mid to late June has enabled area residents to use and enjoy their yards during the months of July and August. Removal efforts during the past four years have included neighboring bays around and including the Pheasant Lawn lagoon and the Narrows Bridge area. I do believe that this is more than a neighborhood problem. In speaking to Dr. Cooper last summer, he indicated that while these efforts have provided some relief, there must be an overall effort put forth as the geese population continues to increase. During 1992. Shorewood and Deephaven had city-wide, city-funded programs, and Wayzata had a removal program for their swimming beach. I understand that some communities will respond to requests for removal though they do not have formal programs. While lakes and ponds are particularly attractive, I have spotted geese along the freeway far from water. Since they feed on vegetation, our well-groomed, freshly mowed lawns are a fertile feeding ground. The residents of Pheasant Lawn have been very supportive of this program. Over 90% of those contacted have contributed to removal. This includes residents without lakeshore as well as those along the shoreline. Canada Goose Program, page 2 of 2 Pheasant Lawn residents appreciate the support given by Orono to alleviate this problem. We request that Orono continue to financially support removal efforts of Canada Geese in the Pheasant Lawn/Narrows Bridge area. I would also suggest that an appropriate city board research the goose problem in our city and neighboring cities and propose ways of more effective control. Thank you very much. Yours trul^ C(zS^ arol Burgess 2800 Pheasant Road Excelsior. MN 55331 612-471-9357 J i I