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HomeMy WebLinkAbout07-26-1993 Council PacketMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers Gabriel Jabbour, Charles Kelley, and JoEllen Hurr. J. Diann Goetten arrived at 7:52 p.m. The following represented staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Finance Director Tom Kuehn, Police Chief Stephen Sullivan, City Attorney Kevin Staunton, City Engineer Glenn Cook and Recorder Ten Naab. Mayor Callahan called the meeting to order at 7:38 p.m. (#1) CONSENT Kelley added Item #9. Mayor Callahan added Items #1-^. 16, 17 and 18. It was moved by Jabbour, seconded by Mayor Callahan, to approve the Consent Agenda as amended. Ayes 4, nays 0. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. (*#2) APPROVAL OF MINUTES It was moved by Jabbour, seconded by Mayor Callahan, to approve the minutes of the June 12, 1993 Council meeting. Ayes 4, nays 0. PARK COMMISSION COMMENTS There were no comments. LAKE MINNETONKA REPRESENTATIVE CONSERVATION DISTRICT JOELLEN HURR, Hurr referred to the invitation to a boat tour and luncheon sponsored by the LMCD to be held August 7 , 1993. She asked that membv,L<;, wishing to attend contact her. Hurr reported the Board will hold their regular meeting on Wednesday, July 28th. Lakeside Marina, Navarre Cove Homeowners' Associatxon, and a dock area variance for property on Ethel Avenue will be discussed. Mayor Callahan clarified that the LMCD is recommending prosecution of the Lakeside Marina for the off-lake storage. MINUTKS OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 LMCD REPORT - CONT. Hurr noted that the LMCD has not licensed this marina for such storage. Mayor Callahan noted that the LMCD’s policy to license off-lake storage is contrary to the policy of the City. Jabbour stated the LMCD's dry stacking ordinance is totally inconsistent. He noted the LMCD encourages the use of marinas for lake access on a daily basis, but feels it is wrong to allow the same owner to store their boat at the marina and put it in the water whenever he wishes. He asked the difference. Hurr noted the storage of boats and the parking become an issue. Mayor Callahan stated he does not believe that the LMCD has the power to deal with the storage of boats on land. Hurr stated since she lives on that bay, she is glad one organization is looking to remedy the problems as Orono is not. She stated she wishes Orono would just quit paying their dues to the LMCD because they are sending mixed messages. Jabbour suggested they schedule a work session to determine how they will handle the situation with the LMCD. It was moved by Mayor Callahan, seconded by Jabbour, to instruct Orono's LMCD representative to vote against the prosecution of Jim Dunn of Lakeside Marina for off-lake storage of boats, and request the representative to convey to the LMCD that their Statute is in contradiction with the policy of the City of Orono. Ayes 3, nays 1. Hurr voted nay. Motion carried. Mayor Callahan referred to the correspondence between the City of Shorewood and the LMCD regarding the milfoil program. Hurr stated she understood that the milfoil program was not a part of the budget. PLANNING COMMISSION COMMENTS There were no comments. PUBLIC COMMENTS There were no comments. Goetten arrived at this time. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 (#3) AUDITOR'S REPORT - APPEARANCE BY KEN MALLOY Ken Malloy and Sherry Elgibrunt representing the City's auditing firm, reviewed the components of the financial statements, including the audit opinion, the test for compliance with State Statutes, letter on internal controls, and the management report. Kelley asked if he has done a cost analysis of services either for Oronc or similar cities. Malloy stated that has not been done for Orono, but has provided that information for other cities. Kelley felt that may be important if the cities begin to share services. Elgibrunt reviewed the enterprise fund balances beginning on Page 9 of the report. She noted they recommend a review of the water and sewer rate structu 'e to determine if funding is adequate to cover current and future expenditures, and consideration of a reiund of certain general obligation bonds for a cost savings. Malloy stated overall the City's financial records are accurate the City is in good financial shape. Ke added he feels the City is well managed and has looked ahead to determine future needs. Hurr asked if a study has ever been recommended regarding the enterprise funds which currently indicate a deficit. Malloy indicated he does not remember such a recommendation, but there was discussion about matching rates. Moorse indicated due to a study conducted in 1990-1991, the Navarre water rates were increased. Mayor Callahan thanked the auditors and congratulated Tom Kuehn on the fine job. It was moved Ly Mayor Callahan, seconded by Kelley, to direct sta.i.j. to study the recommendations of the auditors and report back to the Council at the last meeting in August. Ayes 5, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 POLICE CHIEF REPORT Sullivan presented the Council with statistical data through the end of May, 1993 and reviewed its content. Jabbour expressed frustration of hearing about the dissolution of the canine unit through other channels. Sullivan apologized, but indicated he has reported the issue through the appropriate chain of command. Kelley asked the savings from this. Sullivan stated it is a minimal amount, appro.ximately $500-1,000, but the saving is not the reason for ceasing the program, but rather the fact that the dog was not performing at an acceptable level. Hurr asked if the initial decision to begin the canine unit was approved by the Council. Sullivan agreed that it had been approved by Council for a term of three years, ending in March of 1993. The program was recently terminated because of the unacceptable performance level of the dog. Hurr felt the Council should have been involved in the disbanding of the program. Sullivan indicated the matter would have been presented to the Council during the budget process to determine if they wished the program to continue in 1994, but that would mean purchasing a new dog and he would have recommended against it. Jabbour stated the City is run by the Council, and they should not be informed after-the-fact on issues of importance. The Council should be allowed to make conscious, well-planned decisions for its citizens. Jabbour questioned the status of the agreements with the contract cities. Sullivan reported he has presented the agreemenu to Spring Park, where it was well received, and plans to present it to Minnetonka Beach and Long Lake in the near future. Mayor Callahan called for a recess from 8:30 to 8:40 p.m. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 ZONING ADMINISTRATOR’S REPORT (*#4) #1762 PAUL BOYKE, 793 NORTH FERNDALE ROAD - FINAL SUBDIVISION - RESOLUTION #3308 It was moved by Jabbour, seconded by Mayor Callahan, to adopt Resolution #3308 granting final plat approval to applicant Paul W. Boyko for the plat of Lauranne Woods Second Addition. Ayes 4, nays 0. (*#5) #1823 MARGE ROSSING, 130 CYGNET PLACE - VARIANCES - RESOLUTION #?309 It was moved by Jabbour, seconded by Mayor Callahan, to adopt Resolution #3309 for applicant Margaret D. Rossing, 130 Cygnet Place, granting a variance to permit the construction of a 20':<28', 2 1/2 story addition to the west side of the existing residence to be placed 28.8' from the rear lot line where a 50' setback is required and 41.14' from the street lot line where a 50' setback is required. Ayes 4, nays 0. (#6) #1825 THOMAS L. MCCARTHY, 2490 OLD BEACH ROAD PRELIMINARY SUBDIVISION Tom McCarthy, Mark Gronberg and Robert Mitchell were present. Mayor Callahan noted that the issue of allowing flag lots does not seem to be in accordance with what the Council thought they were adopting with the new shoreland regulations, and the Council seems to feel the previous ordinance contained a better policy regarding such lots. It was moved by Mayor Callahan, seconded by Goetten, to invoke a moratorium on the creation of flag-type lots for a three month period to allow Council the opportunity to review the ordinance. Jabbour questioned their legal obligation. Staunton opined that a moratorium is designed to allow the City to review and study planning issues of a broad basis, and this is an applicable situation. Vote: Ayes 5, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 (#7) #1834 MARY K. MCCARTY, 245 TONKA AVENUE - VARIANCE - RESOLUTION #3310 Mary McCarty was present. Mabusth explained the applicant seeks a lot area and lot width variance to allow the construction of a new residence on a vacant lot in the Stubbs Bay area which has been provided a sewer stub. She noted Lots 3 and 4 to the north will go tax forfeit and the applicant hopes to acquire the property. The owner to the north of the tax forfeit property has indicated he is not interested in the property, and they are not certain of the intent of the owner to the west. Mayor Callahan asked what happens if the applicant does not acquire the additional property. Mabusth stated then she would be back before the Council requesting setback variances. She indicated the same findings used to justify the sewer stub connection be made to support the current variance request. It was moved by Mayor Callahan, seconded by Hurr, to adopt Resolution #3310 for Mary McCarty, 245 Tonka Avenue, granting lot area and lot width variances to permit the construction of a new residence on a property that consists of 12,500 s.f. where 87,120 s.f. is required. Ayes 5, nays 0. (*#8) ORDINANCE AMENDMENT - SECTION 12.30 - NON-CONFORMING SYSTEMS REPLACEMENT - ORDINANCE #118, SECOND SERIES It was moved by Jabbour, seconded by Mayor Callahan, to adopt Ordinance #118, Second Series, amending Section 12.30 by revising the required timeframe for repair or replacement of non-conforming septic systems. Ayes 4, nays 0. (*#9) MET COUNCIL - SW AREA MUSA TOUR It was moved by Jabbour, seconded by Mayor Callahan, to accept the information presented regarding the Metropolitan Council's SW area MUSA tour. Ayes 4, nays 0. (#10) NOtiH SHORE DRIVE MARINA - 1993 LICENSE Gaffr'~.i explained the marina has met all the conditions of the license, but has failed to submit the late fee. They did however overpay according to staff's calculation of 20 allowed boats. Therefore staff recommends the marina pay the additional late fee of $46.00. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 NORTH SHORE DRIVE MARINA LICENSE - CONT. Goetten suggested staff send a letter of explanation. It was moved by Mayor Callahan, seconded by Kelley, to issue a 1993 commercial marina license to North Shore Drive Marina, subject to payment of the additional late fee. Ayes 4, nays 0. Jabbour abstained. (*#11) FLOODPLAIN ORDINANCE - MANDATED UPDATE - INFORMATION ONLY No action required. (*#12) STUBBS BAY SEWER CONNECTIONS - GROUP VARIANCES It was moved by Jabbour, seconded by Mayor Callahan, to authorize staff to make a single project variance application to the Minnesota Department of Health on behalf of the affected Stubbs Bay area residents. Ayes 4, nays 0. (*#13) SECTION 5.42/5.43 AMENDMENT - APPROVED 6/28/93 No action required. MAYOR/COUNCIL REPORT A) Hurr announced that she would be submitting her resignation as the LMCD representative effective the following day, and urged the Council to consider another appointment. Mayor Callahan asked her to reconsider. He stated she has done a good job in an impossible situation, and has been the target of his frustration with the LMCD. Kelley urged her to reconsider, as he stated her knowledge would be difficult to match. B) Jabbour thanked Kingsley Murphy for the wildflower garden along the roadside. C) Mayor Callahan thanked recorder Naab for her service. D) Mayor Callahan announced the disciplinary hearing is scheduled for Thursday at 5:30 p.m. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 CITY ADMINISTRATOR'S REPORT (*#14) 1992 COMPREHENSIVE ANNUAL FINANCIAL REPORT It was moved by Jabbour, seconded by Mayor Callahan, to accept the 1992 Comprehensive Annual Financial Report as submitted. Ayes 4, nays 0. (#15) PROPOSED FIRE CONTRACT WITH LONG LAKE UPDATE Moorse reported they are working on a three-year rolling contract, whereby at the end of the first year, the cities would review the contract and determine if they would like it extended for another year. Kelley explained the proposed contract enables tne City to have an ownership interest in all new equipment. Jabbour expressed appreciation for the efforts in getting the communities to work together. Kelley suggested they return with the draft contract at the next meeting. (*#16) STUBBS BAY CONNECTION GRANT PROGRAM It was moved by Jabbour, seconded by Mayor Callahan, to approve staff's recommendation in establishing the program in two phases. Ayes 4, nays 0. (*#17) ASSESSMENT DEFERRAL - RESOLUTION #3311 It was moved by Jabbour, seconded by Mayor Callahan, to adopt Resolution #3311 approving a special assessment deferment for Patty Lou Clapp. Ayes 4, nays 0. (*#18) NO PARKING - NORTH ARM DRIVE - RESOLUTION #3312 It was moved by Jabbour, seconded by Mayor Callahan, to adopt Resolution #3312 restricting parking on portions of North Arm Drive. Ayes 4, nays 0. (#19) WATER/SBWBR RATBS UPDATE No action required. Discussion on the subject was held during the audit report. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 (#20) BIKE/HIKE TRAIL UPDATE Moorse explained there are three major issues outstanding: the landscaping, the agreement with Hennepin Parks, and the cosc. He noted Hennepin Parks has submitted a landscape plan, which was reviewed by the Park Commission and Council jointly, and sent on to the property owners. Gerhardson noted he met with the Hiles and Brandenbergs to discuss the plan, and explain the possibility of a retaining wall. They expressed opposition to the retaining wall. Jabbour asked if all affected property owners received a copy of the rIan. Moorse indicated it was only sent to owners who expressed a concern in the past. Jabbour reiterated that the residents have indicated the City has done a poor job of communicating and that is why Council directed the staff to present the plan to all owners. Moorse indicated Hennepin Parks has noted the changes to the agreement suggested by Orono can be dealt with through an amendment to the agreement, and Hennepin Parks is generally amenable to Orono's suggestions. He noted the cost is great i than normal for a trail due to the necessity to make room along the right-of-way and the need to install storm sewer and gutters. The City will however realize a savings by jointly constructing the trail as opposed to doing one on their own. Doug Hile presented the Council with a letter of opposition. Mayor Callahan commented that the replacement of the trees may not be until next year during the appropriate planting season, especially if the trail is only constructed to the bridge this year. Hile noted a discrepancy in right-of-way easement location. He felt the majority of trees to be removed were located on his property. Hurr noted that obviously the City must work within its own right- of-way . Jabbour stated he thought that due to the proximity of the Hile's septic system to the property line, all the landscaping would need to be located on their property in order to provide a buffer from the trail. MINUTES OF THE REGULAR ORONO COUNCIL MEETINGHELD JULY 26, 1993 BIKE/HIKE TRAIL - CONT. Hile stated he has submitted a written description of what they want in exchange for the removal of their trees, and added they do not want a retaining w”!!, but would prefer a berm. Mrs. Hile stated she was told by staff that all their trees along the lot line would have to be removed to facilitate the trail, and would be getting 13 replacement trees. Hile noted he is also concerned about the trail expediting the flow of water to the ponding area in their yard, and felt an engineer should ri"'ew the drainage issue. Mayor Callahan indicated that all of the Council members agree that they are not forcing the Hiles to give an easement for the traij. Hile stated but it has been threatened that if they do not give the easement for the trail they will end up with a retaining wall and fence. Mrs. Hile stated they are willing to give the easement for the trail if they are assured they will receive similar value replacement trees. Craig Brandenberg stated he has counted the number of trees involved, measuring from the center of the road, which is approximately 50 trees 30+' high and at least 2" in diameter. 30 of those trees are definitely within the right-of-way. He noted that Gerhardson has indicated that the trail can not be constructed unless all the trees in this area are removed. He stated he had not seen a plan for landscaping along his property until recently, and that plan is not adequate. Hurr loned whether the trail can be built totally in the right V. .-way in this area. Cook responded that the trail cannot be built without a retaining wall or an easement. Kelley expressed his opposition to the trail as follows: 1. The cost estimate is very expensive; $340,000+ provided by the City. He felt that is greater than the entire sum of money spent by the City on park acquisition. He also felt there was not enough detail on local use and need for the trail. » i**w-nrr. • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 BIKE/HIKE TRAIL - CONT. 2. He felt just because Hennepin Parks is willing to pay half of the cost, does not make it a good deal. He stated he is against the philosophy that they must spend the money or someone else will with respect to Hennepin Parks funding. He stated the City has no idea where they are going with the park system or what they want. 3. He suggested they consider tieing the trail connecting Baker Park and the Luce Line in with the upgrade of County Road 6 and reduce the cost. 4. He asked where they are going to acquire the funding. He suggested the use of MSA funds for storm sewer to provide for a trail is not acceptable. He noted the trail is costing $200,000 per mile for a trail we are not sure we need. 5. He stated if they destroy the trees and install curb and gutter they are destroying the rural character of Orono. He asked why the destruction of the trees are any different than those along lakeshore property. Hurr noted there was a survey which indicated a need for trails. She questioned what the City provides for the age group 35 to 60, and felt the trail is an excellent opportunity to provide for that category of residents. Jabbour stated he would be happy to do nothing, but personally would like to see the trail constructed. He stated they cannot proceed until staff has obtained the consent of the property owners. Goetten agreed that they need an overall park plan. She indicated the residents do not feel their questions and concerns have been answered. She asked how the Hiles have felt threatened. Hile answered the alternative to providing an easement is less desireable. He stated they are not in favor of the bike trail, but are willing to concede if they are satisfied with the landscape plan. He expressed fear that if they are unhappy, there are many more residents feeling the same way. A HIKUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 BIKE/HIKE TRAIL - CONT. Hurr pointed out she sat or. the Council during the time prior to the construction of the Luce Line Trail, and there was plenty of opposition, now all feel it Is a Vii'aable asset. She indicated she has seen the plan submitted by the H.’'es which calls for a $10,000 landscape plan for their property al.,ie. She questioned why Kelley was in favor of cooperative services but not of a joint trail. Kelley responded that he is in favor of reducing government cost for services, but added they just do not have the funding for the trail. He pointed out tha: Orono did not fund any portion of the Luce Line Trail. Mayor Callahan reviewed the process which has taken place to this point. He pointed out all meetings have been public and held in accordance. He stated the Park Commission and the majority of the Council seems satisfied with the landscape plan. He suggested they table action on this item until a survey can be provided of the area clarifying the ownership of the trees, allowing staff time to explain to the residents why the landscape plan is acceptable to Council. He suggested they extend the bids, and obtain written approval from Hennepin Parks regarding the cost and work out the mechanical process for amending the agreement. It was moved by Mayor Callahan, seconded by Goetten, to table action on this item subject to the conditions set forth above. Hile asked if the Council is fiscally responsible to proceed with construction of the tr^il. He stated he is concerned they are spending money without rh/me or reason. Mayor Callahan stated he is also concerned about the dollar amount, but did not feel they are spending without rhyme or reason. And, in fact, the dollar amount has not increased much from the original feasibility report. Brandenberg agreed with Kelley on all points. Vote: Ayes 4, nays 1. Kelley voted nay. Motion carried. Jabbour asked the residents to put themselves in the Council's position of trying to protect the citizens of Orono by providing a buffer from the traffic to use as a trail. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 (#21) REQUEST FOR FUNDING PLAYGROUND EQUIPMENT Eva Hoer, PTO member, was present. She explained the background of the project, their goals and accomplishments to date. Hurr asked if they involved the various Park Commissions in the design process. Hoer stated due to her lack of knowledge in this area, she was unaware that the Park Commission could have provided a wealth of information. She noted the playground is designed to challenge different ages and abilities. The playground at Schumann Elementary IS completed. Jabbour asked how they could proceed with only half the funding. Hoer explained they worked out a long range payment plan with the contractor. Mayor Callahan noted that the School District wanted to improve the playground at the time of the referendum and included $50,000 to do so. He asked what moved the PTO to increase that amount to $125,000. Hoer stated the playground can also be considered a neighborhood park. The School District has agreed not to limit the use of the structure, and has agreed to all the maintenance and liability. She pointed out that for a small investment the City will gain a very valuable asset. Goetten asked t table the decision to allow time to review the material. It was moved b, Hurr, seconded by Kelley, to authorize funding of $10,000 from the Park Dedication Fund for the playground equipment at the Schumann Elementary School, Ayes 5, nays 0. Hoer stated they would be having a dedication in the fall and hoped the Council members would attend. Mayor Callahan recessed the meeting at 10:30 to 10:35 p.m. (#22) COUNCIL PARTICIPATION IN CORN DAYS PARADE No action required. rWf MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 (#23) COUNTY ROAD 6 UPGRADE No action taken. (#24) SALE OP SEWER PLANT PROPERTY Moorse reported the 4+ acre parcel was advertised and two bids were received. One bid was received prior to the deadline, and one bid was received 4 minutes after the deadline. The first bidder has expressed objection to acceptance of the second bid. Hurr asked if they are not bound by the published time. Staunton stated legally the City was not bound to follow the bidding process, and had established its own terms. He noted the terms would have to be followed if it were deemed that one party had a substantial advantage due to the extension of those terms. He stated in this case, both parties had the same opportunities. He added there may be some concern that the initial bidder may have bid differently had he known there was another bidder. He reminded them that they can reject any and all bids, but that the bidding process does not offer them an opportunity to negotiate the price once the bids have been opened. Goetten stated their responsibility is to get the best bid for the City. She felt they should open both bids and reject if necessary. Bob Abdo, representative of the bidder, stated the terms were published. He stated his client had called and was told by staff that if the bid were late, it would be rejected. The day of the bidding the time clock was checked and the bidding process was closed prior to delivery of the second bid. Kelley expressed concern that they expedited the process too quickly not allowing enough time to adjacent property owners to determine if they wished to purchase. Abdo stated his client understood the rules of the game, but would be willing to negotiate after the opening if necessary. Jabbour asked if the appraisal was made public. Moorse stated only the appraised value was public. Jabbour indicated he has lost many bids due to being late. Hurr felt they were bound by the process they established. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 SALE OF SEWER PLANT PROPERTY - CONT. It was moved by Mayor Callahan, seconded by Hurr, to reject the second bid for the property due to the fact that it was received after the deadline. Ayes 5, nays 0. It was moved by Mayor Callahan, seconded by Kelley, to reject the first bid received based on the property was not sufficiently exposed to the public and it is unlikely the City has obtained the best price. Abdo asked that the bid be opened for consideration, or if the Council deemed necessary, open both bids for consideration. Mayor Callahan stated the purpose of rejecting both bids is so the City can obtain additional bids. He stated if he were the first bidder, he would not want the bid opened. Kelley stated he agreed with the bidder's attorney. Mayor Callahan withdrew his motion, Kelley withdrew his second. It was moved by Mayor Callahan, seconded by Jabbour, to open the bid received for the sewer plant property. Ayes 5, nays 0. Moorse opened the bid and announcee the offer is $300,000. Abdo noted his client is also willing to pay the $.18,000+ for sewer, and $20,000+ for fill and agrees not to subdivide for 5 years. It was moved by Jabbour, seconded by Goetten, to direct the City Attorney to review the terms of the purchase agreement based on the criteria established by the Council and staff, and »*''port at the next Council meeting. Kelley cautioned that he would not approve any variance if the property were subdivided in the future, and suggested the bidder review with staff the street improvements that will be required. Vote: Ayes 3, nays 1. Hurr abstained. Mayoi.* Callahan voted nay. Motion carried. CITY ATTORNEY'S REPORT MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 26, 1993 (*#25) LICENSES It was moved by Jabbour, seconded by Mayor Callahan, to approve the following licenses: Firearm Use Permit - Park Gun Club Hennepin Parks Special Event - Fishing Tournament, Bell Industries Ayes 4, nays 0. (*#26) BILLS It was moved by Jabbour, seconded by Mayor Callahan, to approve Planr.ir.c Ccn'-'aiss icn Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. agenda for council meeting set for MONDAY, JULY 26, 1993, 7:30 P.M. *^ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted uDcn'by one motion by the City Council under the Consent Item*^ on th‘=‘ acenda. Memos regarding each of the Agenda items are available in^the "public Packet'which”may be obtained upon request from the Recorcer. ROLL CALL 1. CONSENT AGENDA* approval of minutes* 2. Regular Meeting of July 12, 1993 PARK commission COMMENTS LAKE MINNETONKA CONSERVATION DISTRICT - JcEllen Hurr Rep. PLANNING COMMISSION COMMENTS PUBLIC COMMENTS - ^Limit 5 Minutes Per Person) 3. .Auditor's Report - Appearance by Ken Malloy POLICE CHIEF REPORT ZONING ADMINISTRATOR'S REPORT % * *APPLICANTS * *Immediately after the Council has reviewed ycur application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not. execute resolutions.for subdivisions, vacations and denials * 4. #1762 Paul Ecyke, 793 North Ferndale Road - Final Subdivision Resolution . _ , * 5 #1323 Marae .Rossing, 130 Cygnet Place - Variances - Reso-utiw». i; #1825 Thomas L. McCarthy, 2490 Old Beach Road - Prelimi. ary Subdivision . _ n 7. #1834 Mary K. .McCarty, 245 Tonka Avenue - Variance - Resc_ution * 8. Ordinance Amendm.ent, Section 12.30 - Non-Conrorming ys. Reclacement 9. Met Council - SW Area MUSA Tour -0 North Shore Drive Marina - 1993 License ^ *11! Floodolain Ordinance - Mandated Update -Information On-y *12! StubDS Bay Sewer Connections - Group Variances *13. Section 5.42/5.43 Amendment - As Approvea 6/14/9j MAYOR/COUNCIL REPORT ENGINEER REPORT AGENDA FOR COUNCIL MEETING .SET FOR MONDAY, JULY 26, 1993, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY 14 . 15 . 16 . 17. 18 . 19 . 20. 21. 22 . 23 . 24 . ADMINISTRATOR'S REPORT 1992 Comprehensive Annual Financial Report (Included with 7/12/93 Packet) Proposed Fire Contract with Long Lake Update Stubbs Bay Connection Grant Program Assessment Deferral - Resolution No Parking - North Arm Drive Water/Sewer Rates Update Bike/Kika Trail Update Request for .Funding Playground Equipment Council Participation in Corn Days Parade County Road 6 Upgrade Sale of Sewer Plant Property CITY ATTORNEY'S REPORT LICENSES (25*) BILLS (26*) ADJOURNMENT UPCOMING ISSUES AND EVENTS 07/21 - Work Session 7:45 a.m. Council/Park Comm.ission - Bike/hixe iraii 07/21 - Hwy 12 Policy meeting 5:30 p.m. Orono Council Chambers 07/26 - Council meeting - 7:30 p.m. 08/03 - Park Commission meeting 7:15 p.m. 08/09 - Council meeting 7:30 p.m. Planning Commission 7:00 p.m. » • 08/16 08/23 - Council meeting 7:30 p.m. \ MINUTES OF A REGULAR ORONO COUNCIL MEETING^ ^ HELD JULY 12, 1993 ROLL % The Council met on the acove cate witn the following members present: Mayor Edwara Callanan, Counci I members J. Diann Goetten, Charles Kelley, and Gabriel Jabbour. -oEMen Hurr arrived at 8:04 D.m. The following reoresented the City stiff: City Administrator Ron Moorse. Public worlds Director John Gernardson, Zoning Administrator Jeanne vaoustn. Assistant Planning ard Zoning Administrator Michael Gaffron, City Engineer Glenn Cook, City Attorney Kevin Staunton, anc C t/ ClerK Dorothy Hal 'in. Sandra Smith. Cancace Rowlette and Steo'^en Peterson was oresent to represent the Planning Ccrrmisson. Mayor Callahan called the meeting to order at 7:30 °.M. (#1) CONSENT AGENDA Goetten aaded Item «n 5. Jabbour removed Item #3 anc aoaea Items *6. 7. 9 and 1*. Mayor Callahan removed Ittrir.s s ‘ d and 2'. It was moved by Goetten. seconcec cy Mayor Callanan, to approve the Consent Agenda as amended. Ayes 4. nays 0. Motions for ail items adopted oy consent agenda will ce included in the minutes in their respective numerical order. (#2) APPROVAL OF MINUTES Jabbour asked that the ve'-batim portion the minutes for Item t*22 on the agenda. presented b? ncluded in It was moved by Jabbour, seconded oy Goetten, to approve the minutes of the regular Council meeting held June 23, 1993 as amended. Ayes 4, nays 0. PARK COMMISSION COMMENTS There were no comments. PLANNING COMMISSION COMMENTS There were no comments. PUBLIC COMMENTS There were no comments. MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 (*<13) #1811 C. Jack Remien, 3237 Casco Circle - Variance - Resolution #3300 It was moved by Jabbour, seconded by Mayor Callahan, to adopt Resolution #3300 for Application #1311 for C. Jack Remien, 3237 Casco Circle, approving lot wid'h and lot area variances to construct a new residence. Ayes A. nays 0. (#4) #1821 MARGO & STEVE WIRTJES, 3085 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - RESOLUTION #3301 John Ploetz. ^oolicants’ attorney, was pre.sent. Mabusth explained the conditions of approval. Mayor Callahan clarified that the resolution requires relocation of the well prior to final subdivision approval. Mabusth concurrec that it doos based on the Planning Commission reccmmencation . Ploetz said his client objects to this concition based on cost factors of moving the we I i . He referred to a declaration of restrictive covenant that couIc be filed in the chain of title that would notify future owners that the well would need to be relocated if the alternative septic system were to be used. Mabusth said the on-site septic inspector granted a setback variance for the existing septic system to allow the current owners use of such system. The seethe system was installed first and the State Well Inspector approved a 50’ setback which does not meet City Code requirements calling for a 75’ setback. Rowlette explained she voted against the motion to require the we I I to be relocated as she felt it was a burden to the current owner. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3301 for Application #1321 for Margo and Steve Wirtjes, 3085 Watertown Road, granting preliminary approval of a Class III two lot plat, suDject to the resolution being changed not requiring the well to be relocated at this point. Ayes 4, nays 0. i MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 (#5) #1823 MARGE ROSSING, 130 CYGNET PLACE - VARIANCE Mabusth explained the apolication was reintroduced to the Planning Commission at their June meeting because the applicant had failed to locate a 4x12’ deck to the northeast side of the 20x23’ proposed addition. The proposed addition will require a street and rear setback variance, and the deck wi I I be 26’ from the rear lot line. The major issues raised were regarding the condition and use of the prooerty, scec;ficaily a hom.e occupation license for the comme rcia I use of the oroperty. She noted sta*f has witnessed a great deal of improvement on the prooerty from years past. The problem is the additional parking on the property. Tne major concerns raised did not have a direct correlation tc the variance requested, and it was felt the violations should be dealt with under a home occupation license. Since the last review oy the Planning Commission, the Bui I ding Official nas requested that the appl leant apply for a home occupation license. Also the applicant proposes the installation of a second accessory structure and a privacy fence to buffer vehicle parking near tnis structure. The Planning Commission did not approve the addition of the deex. The variance approvals were conditioned on the staging cf the improvements. Mabusth said the problem Is with the exterior storage of equipment for the son’s home occupation. Mayor Callahan asked if staff feels there is a problem. Mabusth stated she has not had any reports on the Rossing property In the last few years outside of complaints expressed at the public hearing during the current review of this application. It was moved by Jabbour, seconded by Goetten, directing staff to prepare an approval resolution for the addition to the principal structure and to deny the variance for the 4x12’ deck for Application #1323 for Marge Rossing. 130 Cygnet Place. Ayes 4, nays 0. (♦#6) #1830 RICHARD F. OORLOG, 1058 LOMA LINDA AVENUE - VARIANCES - RESOLUTION #3302 It was moved by Goetten, seconded by Mayor Callahan. Resolution #3302 for App I ication #1830 Richard F . OorIog, Linda Avenue, to permit the const ruction of.a I ower level dining room addition. Ayes 4, ayes 0. to adopt 1053 Loma deck, and MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 (*#7) #1833 LAWRENCE ELSEN, 2879 CASCO POINT ROAD - VARIANCES - RESOLUTION #3303 It was moved by Goetten, seconded by Mayor Callahan, to adopt Resolution #3303 for Moolication #1333 Lawrence Elsen 2879 Casco Point Road, granting an average setoack variance for a two-story enclosed addition and hardcover variances within the 75-250’ zone for the construction of additional additions. Ayes 4, nays 0. (#8) #1834 MARY K. MCCARTY, 245 TONKA AVENUE - VARIANCES - RESOLUTION It was moved by Mayor Callanan, seconded by Jaobour, to table Application #1834 for Mary McCarty. 245 Tonka Avenue, to allow the applicant to be present. Ayes 5. nays 0. (*#9) #1835 DAVID & ELLEN PHELPS. 1950 FOX RIDGE ROAD - VARIANCE - RESOLUTION #3304 I' was moved by Goetten, seccnoed by Mayor Cailahan. to adopt Resolution #3304 t-or Appiisation #‘335 David and Ellen Phelos, 1950 Fox Ridge Road, granting a front/street setback variance to construct an addition to the existing residence. Ayes 4, nays 0. (#10) #1837 CINDY FREDRICKSON, 1516 LONG LAKE BLVD - VARIANCES - RESOLUTION #3305 Mabustn -explained the applicants propose a 24x32’ detached garage to be located 2’ from the eastern lot line and 6’ from the rear and the removal of an existing garage. This allows for only a 6’ seoarat;‘••.1 setback. The applicant proposes that the structure be moved 2’ back allowing only a 4’ setback from the rear lot line but an 8’ separation. Kelley questioned the applicants’ ha'-dship for the variance. Fredrickson replied they have a small lot and are subject to 2 acre standards. Mayor CaI Iahan read a letter in favor of the application from James E. Bigham, 1540 Long Lake Blvd. Jabbour felt the proposed garage will be an improvement to what is currently on the property, but he felt uncomfortable granting a separation variance. MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 ZONING FILE #1837 - CONT. Moorse exDlained the reason for tne 10’ separation reauirement is to avoid fire jumping between buildings. Mabusth replied they wouId be required to provide fire walls. It was moved by Jabbour, seconded oy Mayor Callahan, to adopt Resolution #3305 for Aopl icaticn #1 337 Cindy Fredrickson, 1516 Long Lake 3lva., granting variances to permit the construction of a detached garage allow.ng an 3’ separation, a a’ rear setback, and a 2’ side setoacK. Ayes A. nays 0. (♦#11) #1839 ROBERT H. OWENS, 1700 BOHN’S POINT ROAD - VARIANCE - RESOLUTION #3306 It was moved by Goetten, seconded by Mayor Callahan, to adopt Resolution #3206 for Appi ication #1 323 Robert H, Owens, 1 700 Bohn’s Point Road, granting a variance to permit the construction of a third stall to tne e<isting attached garage, an aadition to tne kitchen and a stair leading from main level patio doors. Ayes a, nays 0. (#12) ROY RASMUSSEN REQUEST FOR REVIEW OF NONCONFORMITY SEPTIC SYSTEM Mr. Rasmussen, *Jerry Johnson, septic contractor, and Patrick Neaton, applicant’s attorney, applicant’s realtor, were present. Moorse explained that the septic inspector .ident i f i ed their system as being non-conforming in terms of the required 3’ separation. Rasmussen is requesting a variance to that separation requirement. Neaton explained the system was installed in 1978 and was found to be conforming at the time. The system is a working system with no evidence of contamination. The difficulty lies in meeting the standards of the recently adopted shoreland regulations. This presents a major hardship to the apolicant. Kelley felt they need Iocated. to understand where the 1,000’ line is Mabusth explained this property is just setback from French Lake, upper basin. at the edge of the 1,0C0’ MINUTES OF A REGULAR CRONO COUNCIL MEETING HELD JULY 12, 1993 RASMUSSEN REQUEST - CCNT. Moorse explained tne ouyer of the property recuestsd septic certification, whicn was done anc tne inspector found the system did not meet the 3’ seoaration. which was reported on the certification. Rasmussen stated the most recent inspection was done in July 1991 and tne system was found to be adeauate at that time. The later change in tne orrinance created the prcolem. He said they are not a ski fig the Council tc say the 1 992 standards, but the existing system is conforming with merely reauestinq a variance to tnose standards as the system is a functional system. Moorse said the City nas always had the 3’ separation requirement, but did not enforce in prior years if the system was functioning. Rasmussen stated when the system was originally Installed there was a larger than 3’ separation. out due to the mottled soil requirement, the system is new corsidered non-conforming. Jaboour clarified the system was installed in 1978, and in 1379 the standards were adopted but not forced upon existing systems. In 1992 with the adoption of Shoreland Management regulations, the City decided it would become tougher on enforcement of the standards and al I systems in the City wiI I be required to meet the stricter standards. of a new system IegaI when built Neaton said as a practical matter this issue will surface again when the new owners wish to improve the property, but he felt the current owners shoulu not have to bear the cost because the current svstem is functioning and was and should therefore be grandfathered. Mayor Callanan opposed the term grandfathered. jabbour said he has \ problem in the past with the terms legal non- conforming versus illegal non-conforming. When a building is standing up and a new ordinance is adopted that makes the building non-conforming, should the building be removed? He said he has justified in his mind that somehow non-contorming means it becomes a detriment to the f'ublic health and welfare. He said just because his septic system has been found to be dumping some residue into the lake does not mean that he has the right to forever after continue to do so. He said there may be some justification in allowing the home to be sold with the current system anticipating improvements to the property when the new owners take ownership. MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 RASMUSSEN REQUEST - CONT. Goetten stated it has been suggested that Council allow up to one year to bring a non-conforming system into conformance, and asked if the current owner knew the buyers’ intentions. Applicant’s realtor stated obviously tne new owners are not very happy about this future expense. He noted the time table has created a major harcsnip to tne oresent and future owners. Hurr asked if the mortgage holder is reauiring the system to be conforming. Applicant’s realtor stated the mortgage company is more concerned that the system is functioning, which it is. The buyer has indicated he would possibly like to construct a deck and has reviewed with the City the reauirements. Jabbour said the City currently does not have a policy on when all systems will be reauired to cor.fc'*m, but they do have a policy on how often to inspect and beginning this year all systems will be Inspected for separation. He did not anticipate a change in the septic system reau i remen t s. He said he would not have a problem with allowing a two year time period to make the system conforming. Mayor Callahan suggested they not take any action that evening. He stated they all feel the system will need to be upgraded to be conforming, but the real estate agent has suggested an extension to the time period for which the system must conform would be helpful. Hurr felt the owners should be given a one year time period from the date the entire neighborhood is inspected, the same as anyone else would be allowed. Jabbour felt a two year time period would be fair, or buyer improves tne property, or the City adopts a new enforcement. Goetten agreed. until the poI icy on Mabusth stated the City currently does have established of one year. a time period Johnson noted mottling is not a true indicator of separation, and he felt the City will be faced with many similar judgement calls. He stated the system was highly inspected during installation and is functI oning. 7 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 RASMUSSEN REQUEST - CONT. It was moved by Mayor Call ahan, seconded by Goe tten, to findthat the septic system is non—conforming and moved to give the eppjicant or his successor two years to correct the situation, or until the t i nie the system is proven to be failing. Staunton deemed this recuest to be a variance from the policy. Mabusth stated this could be an administrative variance ana handled internaI Iy. Mayor Callahan recessed the meeting for 10 minutes. Staunton explained the applicants’ counsel has suggested the triggering event for a correction to the situation be an application for some improvement oy the future owner. The Council has correctly stated the policy that a non-conforming situation must be corrected witnin one year, and if Council wishes to grant a variance for this situation, they will estaolish a precedent for any other recuests. and if it is Ccuncil’s wish to allow owners two years to remedy the situation, then the Code should be changed. Mayor Callahan withdrew his motion and Goe^tten her second. It was moved by Mayor Callahan, seconded by Goetten, to change the ordinance allowing a one year ^grace period for non-conforming systems to become conforming to a two year period. Ayes 5, nays 0. (*#13) JOINT USE DOCK LICENSE - BIG ISLAND VETERAN’S CAMP - RESOLUTION #3307 It was moved by Goetten, seconded by Mayor Callahan, to adopt Resolution #3307 issuing a joint use dock license to the Big Island Veteran’s Camp. Ayes 4, nays 0. (*#14) FOREST ARMS SILT PROBLEM UPDATE It was moved by Goetten, seconded by Mayor Callahan, to accept the information presented on the Forest Arms siltaticn problem. Ayes 4, nays 0. 8 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 MAYOR/COUNCIL REPORT Jabbour said he has heard from one contract city that the canine unit has been discontinued as of last Friday. Moorse reported they have hot done so yet- but are looking to do so because the canine they currently have was not meeting the requirements of the City. Jabbour asked if there is a dog on duty currently. Moorse stated he believes so. Jaboour said he does not want to be questioned on a policy decision and not know the correct answer. Moorse assumed the Chief wiI! oe presenting the information at the next monthly report. ♦ * Kelley questioned about the guarantee on the landscaping for the new City Hall and asked who was monitoring the program. Kelley asked for year-to-date budget information through June 30th including budgeted, actual and variance. Kelley suggested they discuss with the Planning Commission the City’s policy on exchange of non-structure hardcover for structural hardcover. Mayor Callahan commented that most plastic in place was not approved in the first place. Mabusth said the problem is the code does not distinguish between structure and non-strueture hardcover. «4c:« Kelley stated he would like to give more direction to the Park Commission in terms of direction and how broad their vision should be. ^ :<c Kelley felt they shouId do something about lakesho re lots regarding lot width and the standards for determining such. r MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 MAYOR/COUNCIL REPORT - CONT. Kelley asked Gerhardson when the cross walks will be marked with signs. Gerhardson said he hopes will be done within the very near future. « X X Kelley stated over the oast inspector to determine if regulations. He asked if it inspector will be doing a 1nspec 11 on. years he has relied on the City’s his septic system complies with is true starting in 1993 that the separation fest with each septic Mabusth concurred that is the current procedure. Hurr reported tne Highway 15 Committee will meet on Thursday morning at 7:30 a.m. and someone from Hennepin County will be in at t enaance. CITY ADMINISTRATOR’S REPORT (*#15) RESIGNATION OF CITY RECORDER It was moved by Goetten, seconded by Mayor Callahan, to accept the resignation of the City Recorder. Ayes 4, nays 0. (#16) SUMMARY PUBLICATION OF THE 1992 FINANCIAL REPORT Mayor Cal I ahan said he never received the information in his packet and suggested they do not approve the annual financial report until the audit is performed. Kellev clarified that the information was received. 11 wa; approv moved by Mayor Callahan, seconde-^ by Jabbour, to table . of the 1992 Financial Report until July 26th. Ayes 5, nays 0. (#17) COOPERATIVE SERVICE STUDY AGREEMENT Kelley asked why Long Lake was not included. Moorse replied that it is the 14 lake cities that have been meeting. Once the analysis is compiled, Long Lake will be included. Jabbour felt we have a lot more in common and a much bigger commitment with Long Lake than some of the other cities around the lake. MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 COOPERATIVE STUDY - CONT. Hurr stated she was just informed about the meetings about two weeks ago and was concerned about this lack of information. Moorse explained up until recently they were unsure of any outcome and funding for the project. Mayor Callahan felt it was a worthwhile program. Kelley felt it was a way to find creative ways of doing certain tasks. It was moved by Mayor Callahan, seconded by Kelley, to Join in the agreement and move the program ahead. Ayes 5, nays 0. Jabbour said it appears that Mayor Callahan is removing himseif from an administrative position to being r*- salesman. He felt they have already done a good job for their sister community, Minnetrista, to try and reduce their inspection charges and got ere amed in the politics. He felt they have to make sure each administrator is a part owner of the policy. He felt the City Council should be informed of such programs right from the beg inning. Moorse said basically the Administrators and Department Heads will be involved along with the Metropolitan Council and their interns. He agreed this will take alot of work from the City staff, but will be worthwhile in the end, and he felt this should be a part of the City staff’s general responsibility. Goetten said she has advocated this for several years and hoped the Metropolitan Council will have some innovative ideas. Hurr felt this may not be the ideal study group to work with. Kelley said they need to start somewhere and may pick up some ideas that can be used with other cities. Vote: Ayes 5, nays 0. (#18) MUSA EXPANSION ALTERNATIVES Moorse stated this memo presents two phases: 1) the Nettles’ and the sewer plant property; and 2) future "hot soots" for sewer. It was moved by Mayor Callahan, seconded by Jabbour, to direct staff to proceed in the manner indicated. Ayes 5, nays 0. 1 1 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 (<M9) PRELIMINARY LONG LAKE FIRE CONTRACT Kelley felt the preliminary contract is great. The main issues are the sharing of the revenue loss and procurement of equipment. The contract provides for Orono sharing in the operating loss in the same percentages as is shared for the operating revenue. The language related to dissolution of the agreement was discussed in terms of the division of assets amoung the cities. Moorse stated in terms of tne oast purchases this may be a critical issue, but Long Lake Goes not have a problem with this language relating to future purchases. Kelley stated in the last couple years they have spent major money on equipmen t. Jabbour noted he views nis relationship with Long Lake totally different tnan a year ago. ana now they are just fine tuning the con tract. Hurr questioned the automatic renewal. Moorse stated after the first three yea-' contract, they would automatically 90 with a ona—yaar ranGwal contract. Hurr felt the market value was not a fair comparison to use In the formuI a. Kelley stated Moorse has also calculated into the formula the numoer of fire calls and man hours. Hurr felt they should include past equipment purchases in the dissolution section. Mayor Callahan felt the termination notice was excessive. He questioned the dissolution process. Kelley stated this can be worked out with Long Lake. It was decided that the City should share the preliminary contract and excerpts of these minutes with Long Lake. (*#20) 1992 POLICE BUDGET REPORT It was moved by Goetten, seconded by Mayor Callahan, to accept the 1992 Police Department Operations financial data. Ayes 4, nays 0. MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 (#21) 1992 COMPREHENSIVE ANNUAL FINANCIAL REPORT It was moved by Mayor Cal lahan, seconded by Jabbour, to table a decision on the 1992 Comprehensive Annual Financial Report to the next meeting. Ayes 5. nays 0. (#22) ORDINANCE REGARDING SURFACE USE ON LONG LAKE Mayor Callahan said he is willing to cooperate with Long Lake in limiting jet skis, but felt it would be easier to ban them entirely than enforce the proposed ordinance, and he felt the ordinance should not inco'porate reference to other entities ordinances. Goetten asked about the decision about jet skis on Lake Minnetonka. Hurr stated there are water patrol people on the lake monitoring usage. She said she does not agree with the hours of usage. Jabbour felt they should not deny people use of the lake. Mayor Callahan noted the size difference of the two cities and the impact on Long Lake. Kelley indicated he was not in favor of adoption of an ordinance that restricts personal use, especially one that cannot be enforced. He opined that entities over-reguI ate, and said he is not in favor of this regulation. Goetten said she does not agree with the language in the ordinance in its entirety. Hurr feit the ordinance is too vague. Moorse reported it is felt by Long Lake that the problem arises from those trailering the Jet skis onto the lake. Jabbour said he would like to see it regulated but does not want to violate peoples’ rights. Hurr said they cannot ban all jet skis because it wou i d be more restrictive than the CNR al lows, and they are a I icensed watercraft. She suggested regulation of noise, speed and hours of operation. Mayor Callahan clarified that the Council does not feel the ordinance is feasible in terms of enforcement, but feel it Is a good Idea. MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 (*#23) LICENSES It was moved by Goetten, seconded by Mayor Callahan, to approve the following licenses: Special Event Application -Corn Days - Foot Race August 15, 1993 Evaluator/Designer License - 12:15 p.m.1:00 p. m Don's 3acl<hoe Septic System Installer - Don's Backhoe Limited Firearms Use Permit - Robert Sorensen, 4245 Chippewa Lane Ayes 4, nays 0. (*#24) BILLS It was moved by Goetten, seconded by Mayor Callahan, to approve payment of the All Funds Account. Ayes 4, nay 0. K X X Mayor Callahan noted they need to hold a hearing for Mr. O'Brien and asked how it reached the prominence it did in the newspaper.. ^^oorse stated the information is public and the press chose to publish It. Jabbour asked why it was discussed in closed session at the last meeting. Moorse replied the Council's initial deliberations were confidentlal. Kelley noted it would seem to have been a better solution to have sat down with the individual and asked if he wished to appeal it. He assumed that had happened. Mayor Callahan stated apparently the first part of it was if he wanted to come to a hearing, and he did not, now he wants to exercise his appeal rights. Jabbour questioned if he did waive his right to address the Council during discussion. ; i MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 Staunton stated he did not have a right to come and address the Council as it was not a hearing in the sense of gathering evidence but the ratification of the City Administrator's decision based on records. The personnel policy requires the meeting to be held in closed session. Moorse noted they have had discussions with him and plan to work it out*. Hurr asked why they have taken the action and the suspension as the cacer stated. Moorse stated the decision was made to suspend. The employee has now appealed that decision. Hurr felt there was a way to make this not as public as he did not waive all his rights of appeal, did not want to appear or talk. k -tc Kelley questioned about the meeting with the potential buyer of the sewer pond property. Jabbour asked where is the report. Moorse said he just wanted to update the Council, but does not have an actual report. Mayor Callahan suggested they consider advertising the property. Moorse stated they need to get specifics on the property prior to that. The Council members directed the City Ad.ministrator to draft the specifics and present to Council. Kelley proposed that the excess funds in the park fund from the sale of this property be transferred in addition to the park land recently sold be placed in a fund earmarked for additional park land. He said he would be in favor of one lot. Jabbour asked that staff advertise the property and present results of such to Council at the next meeting. He felt all negotiations must be private. t MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 ADJOURNMENT It was moved by Mayor Callahan, seconded by Goetten, to adjourn the regular meeting of the Council at 10:40 p.m. Ayes 5, nays 0. Edward J. Callahan, Jr., Mayor A ^ T* TT C • r* ^ ^ Hi ^ ^ • Dorothy M. Hallin, City Cleric TO: PROM: DATE: Mayor and City Council Ron Moorse, City Administrator July 22, 1993 SUBJECT: Auditor's Report City Auditor will provide a report at the July 26 Council meeting to orovide information regarding the city's finances resulting from their audit process. The Auditor's report will be based on the attached Management Report. i r * -t 1 TO: FROM: DATE: SUBJECT: '/ \ t / Mayor Callahan and Orono Council Members Ron Moorse, City Administrator Michael P. Gaffron. Asst. Planning & Zoning Administrator^ July 21. 1993 ft\162 Paul W. Boyke. 793 North Femdale Road - Final Plat Approval? % 6'% List of E:;hibits A - Resolution B - Final Plat Drawingsw C - Preliminary Plat Approval Resolution The applicant has completed all requirements for final plat approval as required per preliminary plat approval Resolution ^3212. Note that the City Assessor established a value for the newly created lot of $90,000.00, and the standard park fee of 8% or $7,200.00 has been paid. Staff Recommendation Staff recommends approval per the attached resolutit n. Motion: Moved by , seconded by , to adopt Resolution §_____granting final plat approval to applicant Paul W. Boyke for the plat of Uiuranne Woods Second Addition. Vote: aves. nayes. A RESOLUTION APPROVING THE PLAT OF LAURANNE WOODS SECOND ADDITION FILE NO. 1762 WHEREAS, the 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 reculations for the orderly, economic and safe development of land within the City, and WHEREAS, the City Council has considered the application fo; a subdivision by Paul W. Doyke, the subdivide:; and WHEREAS, on December 14, 1992, the City Council approved Resolution No. 3212 granring preliminary approval for a plat at 793 North Ferndale Road; and WHEREAS, the proposed plat contains two lots, each exceeding the 2.0 acre minimum lot area requirement of the RR-IB, Single Family Rural Residential Zoning District. Further, the property is located within the Shoreland Overlay District; and WHERE.AS, both lots will front on and access to a private driveway outiot to be platted as Outiot A, which abuts the privately owned and maintained outiot roadway informally known as Lvdiard Road; and WHEREAS, proposed Lot I abuts proposed Outiot A along Lot 1 *s east line, therefore the defined lot width of nonlakeshore Lot 1 is 310 ’, meeting the 200’ minimum requirement. Proposed Lot 2 is considered to be a lakeshore lot as it abuts Lydiard Lake, and »ias a defined lot width at the shoreline of 520’ and at the 150 ’ setback of the 350 ’, therefore meeting the 200’ widlli requirement; and WHEREAS, it is intended that proposed Outiot A shall be privately owned and maintained as a private driveway serving Lots i and 2; and Page I of 5 WHEREAS, a private cul-de-sac has been dedicated cn the plats of Umranne Woods and Janet Acres and the City has suitable underlying road and utilities easements such that no additional private/public roadway dedication is necessary; and WHEREAS, Lot 1 is considered to be a nonriparian lot and shall have no legal riparian access to Lydiard Lake via easement or any other method. The granting of such easement would be a direct violation of Municipal Code Section 11.31, Subd. 4; and WHEREAS, Lot 2 is considered as riparian to Lydiard Lake; and WHEREAS, the grading and draining plans submitted by the applicant for construction of a future driveway to serve Lot 2 have been accepted with minor modifications by the City Engineer. The driveway has been designed in detail to eliminate the negative impacts of driveway construction on the propeny to the south. As a result, e.xisting and future drainage from the applicant ’s propeny shall be redirected away from the neighboring propeny; and WHEREAS, both Lots 1 and 2 contain adequate primary and alternate drainfield sites to serve the intended use. and sites cn both lots have been adequately protected from draitjge concerns; and WHEREAS, lot lines have been located so that existing residence and accessory structures on Lot 1 meet required lot line setbacks, and the building envelope within Lot 2 is adequate for development of a single family residence; and WHEREAS, Lot 2 contains a wetland area located between the OHW and the open water shoreline of Lydiard Lake. A Flowage and Conservation Easement encompassing that wetland area is currently in effect as granted with the underlying plat of Brooks Green in 1980; and WHEREAS, while technically a hardcover variance in the 250-500’ hardcover zone is required to allow Lot 2’s driveway to cover approximately 50% of the 250-500’ zone, the need for a hardcover variance can be effectively eliminated by reducing the allowed square footage of hardcover in the 75-250’ zone by the square footage of e.xcess hardcover in the 250- 500’ zone. The area of the 250-500’ zone is 1,920 s.f. Proposed driveway is 1,100 s.f. in that Page 2 of 5 1 zone. Hardcover allowed in the 250-500’ zone is 30% or 576 s.f. The excess driveway hardcover is 524 s.f. The area of the 75-250’ zone is 61.428 s.f. approximately. The allowable 25% hardcover in the 75-250’ zone is 15,357 s.f. Subtracting the 524 s.f. excess hardcover in the 250-500’ zone leaves 14.833 s.f. of allowed hardcover in the 75-250’ zone, which is 24.15% of that zone: 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. 3212. 2. Creation on the plat of Outlot A t '* serve as a private driveway access for Lots 1 and 2. 3. 4. Continuation of the pre-existing Flowage and Conservation Easement over the wetland areas between the OHW and the open water shoreline of Lydiard Lake. Dedication to the City of a Drainage and Utilities Easement over the private driveway Outlot A. 5. Payment to the City of a park dedication fee in the amount of $7,200.00. 6. Payment to the City of final plat legal review and filing fees of $200. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Lauranne Woods Second Addition, Hennepin County, Minnesota, subject to the following conditions: 1. For Lot 2, to eliminate the need for a hardcover variance in the 250-500’ zone, all driveway hardcover square footage in excess of the 30% allowable 250-500 hardcover shall be subtracted from the 25% allowance for the 75-250’ zone. This is estimated to reduce the allowable hardcover in the 75-250’ zone to approximately 24.15%. 2. Lot 1. containing the existing residence, is considered as a nonlakeshore lot and shall have no riparian access to Lydiard Lake via easement or any other method. Pace 3 of 5 3. 4. 6. 7. 9. Lot 2 shall have -iparian access to Lydiard Lake and is considered a lakeshore lot. Lots I and 2 shall access via Outlot A to the private road informally known as Lydiard Road. Prior to filing of the plat, applicant shall satisfy the City Attorney that newly created Lot 2 has legal access via private easements to North Femdale Road, and shall be subject to whatever private road covenants exist for maintenance of said private road casement. It is recommended that prior to the time that Lots 1 or 2 are sold, applicant create private covenants and easements for use, ownership and maintenance of Outlot A. Further suitable driveway easements between Lots 1 and 2 must be created by the propeny owner to allow necessary fill for the driveway on Lot 2 to occur at the southeast comer of Lot 1. Driveway construction for Lot 2 need not be completed until such time that a residence is proposed to be constructed on Lot 2. At that time, driveway constriction shall conform to the approved grading/drainage/driveway construction plan on file as modified by the City Engineer. Further, a driveway in Lot 2 shall include a loop or turnaround near the new residence, subject to the approval of the Building Inspector. Any buildings constructed on Lot 2 shall meet the average lakeshore setback as shown on the preliminary plat drawings. 8. All existing and proposed drainfield sites shall be adequately protected during private driveway constmetion. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder ’s Office on or before Januar>’ 26, 1994 together with a certified original copy of this resolution and executed copies of the documents noted herein. 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. Page 4 of 5 Dated this 26th day of July, 1993. ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) iI Edward J. Callahan, Jr., Mayor The foregoing instrument was acknowledged before me on this 26th day ot July 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin. Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3212NO. A RESOLDTICN GRANTING PRELIMINARY APPROVAL FOR A PLAT AT 793 NORTH FBRNDALE ROAD PILE NO. 1762 WHEREAS, Paul W. Boyke (hereinafter "the applicant") on Aug.ust 28, 1992 filed a formal subdivision application with the City of Orono for approval of a two lot residential plat of property legally described as follows; Lot 1, Block 1, Lauranne Woods, Hennepin County, Minnesota, according to the recorded plat thereof, except that part of said Lot 1 which lies east of a line drawn north perpendicular to the south line of said Lot 1 from the most westerly corner of Outlot A, Lauranne Woods (hereinafter "the property") ; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on September 21, 1992 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on September 21, 1992 the Orono Planning Commission tabled the subdivision request of Paul Boyke in order for applicant to revise said proposal to eliminate the need for lot width and average setback variances. The application was revised by the applicant and further reviewed by the Planning Commission on November 16, 1992 at which time the Planning Commission on a vote of 5-1 recommended approval of the preliminary plat; and WHEREAS, at their regular meeting held on December 14, 1992 the Orono City Council considered the revised subdivision application of Paul Boyke, noting the following findings of fact: 1.The property is located within the RR-IB Single Family Rur^: Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. Further, the property is located within the Shore land Overlay District. Page 1 of 7 /./c,. o CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3212_ _ _ _ _ The property contains a total area of approximately 6.3 acres of which approximately 4.62 acres is considered dry buildable land. 3. The proposed plat contains two lots each exceeding the 2.0 acre minimum lot area requirement. % 4. Both lots are proposed to front on and access? to a private drivewav outlot to be known as Outlot A, which abuts the privately owned and maintained outlot roadway informally known as Lydiard Road. 5. Proposed Lot 1 abuts proposed Outlot A along Lot l*s east liner therefore the defined lot width of nonlakeshore Lot 1 is 310'r meeting the 200' minimum requirement. Proposed Lot 2 is considered a lakeshore lot as it abuts Lydiard Lake, and has a defined lot width at the shoreline of 520' and at: the 150' setback of 350', therefore meeting the 200' width requirement. 6. It is intended that proposed Outlot A be owned in common by the owners of Lots 1 and 2 and shall be maintained as a private driveway shared by only those two properties. 7. A priv. te cul-de-sac has been dedicated on the plats of Lauranne Woods and Janet Acres and the City has suitable underlying road and utilities easements such that no additional private/public roadway dedication is necessary. 8. Lot 1 is considered to be a nonriparian lot and shall have no legal riparian access to Lydiard Lake via easement or any other method. The granting of such easement would be a direct violation of Municipal Code Section 11.31, Subdivision 4. 9. Lot 2 is considered as riparian to Lydiard Lake. Page 2 of 7 / /o,, o CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _________ The grading and drainage plan submitted by the applicant for construction of a future driveway to serve Lot 2 has been accepted with minor modifications by the City Engineer. The driveway has been designed in detail to eliminate the negative impacts of driveway construction on the property to the south. As a result, existing and future drainage from the applicant's property shall be redirected away from the neighboring property. 11. Both Lots 1 and 2 contain adequate primary and alternate drainfield sites to serve the intended use, and sites on both lots have been adequately protected from drainage concerns. 12. Lot lines have been located so that existing residence and accessory structures on Lot 1 meet required lot line setbacks, and the building envelope within Lot 2 is adequate for development of a single family residence. 13. Lot 2 contains a wetland area located between the OHW and the open water shoreline of Lydiard Lake. A Flowage & Conservation Easement shall be granted with legal description that encompasses said wetland area. 14. While technically a hardcover variance in the 250-500* hardcover zone is required to allow Lot 2's driveway to cover approximately 50% of the 250-500' zone, the need for a hardcover variance can be effectively eliminated by reducing the allowed square footage of hardcover in the 75-250 bv the square footage of excess hardcover in the 250-500 zone. The area of the 250-500' zone is 1,920 s.f. Proposed driveway is 1,100 s.f. in that zone. Hardcover allowed in the 250-500' zone is 30% or 576 s.f. The excess driveway hardcover is 524 s.f. The area of the 75-250' zone is 61,428 s.f. approximately. The allowable 25% hardcover in the 75-250' zone is 15,357 s.f. Subtracting the 524 s.f. excess hardcover in the 250-500' zone leaves 14,833 s*f. of allowed hardcover in the 75-250', which is 24.15% of tha zone. 15. A single family residence can be developed on Lot 2 without the need for further variances. Page 3 of 7 •I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3212 NOWr THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Paul W, Boyke per the survey dated August 28, 1992, levised November 6, 1992 by Coffin and Gronberg, Inc. subject to the following conditions: 1. For Lot 2, to eliminate the need for a hardcover variance in the 250-500' zone, all driveway hardcover square footage in excess of the 30% allowable 250-500' hardcover shall be subtracted from the 25% allowance for the 75-250' zone. This is estimated to reduce the allowable hardcover in the 75-250' zone to approximately 24.15%. 2. Lot 1, containing the existing residence, is considered as a nonlakeshore lot and shall have no riparian access to Lydiard Lake via easement or any other method. 3. Lot 2 shall have riparian access to Lydiard Lake and is considered a lakeshore lot. 4. 5. 6. 7. A Flowage & Conservation Easement shall be granted with a legal description that incorporates the wetland areas between the OHW and the open water shoreline of Lydiard Lake. The standard Drainage & Utility Easements shall be granted along the perimeter and interior lot lines, excluding the wetlands area. Lots 1 and 2 shall access via Outlet A to the private road informally known as "Lydiard Road". Prior to filing of the plat, applicant shall satisfy the Cicy Attorney that newly created Lot 2 has legal access via private easements to North Ferndale Road, and shall be subject to whatever private road covenants exist for maintenance of said private road easement. Applicant shall create the private covenants for ownership and maintenance of Outlot A, to be shared by Lots 1 and 2. Further, applicant shall grant to the City a drainage and utility easement over Outlot A. Page 4 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3212 8, Driveway construction for Lot 2 need not be coinpleteu until such time that a residence is proposed to be constructed on Lot 2. At that time, driveway construction shall conform to the approved grading/drainage, driveway construction plan on file as modified by the City Engineer. Further, a driveway on Lot 2 shall include a loop or turnaround near the new residence, subject to approval of the 'building inspector. 9. Suitable driveway easements between Lots 1 and 2 shall be created by the property owner to allow necessary fill for the driveway on Lot 2 to occur at the southeast corner of Lot 1. 10. Any buildings constructed on Lot 2 shall meet the average lakeshore setback as shown on the preliminary plat drawings. 11. Applicant shall pay the standard park dedication fee. 12. All existing and proposed drainfield sites shall be adequately protected during private driveway construction. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1”=2C0'. Drawing to include: a' Lot lines platted per preliminary survey by Coffin & Gronberg, Inc. dated August 28, 1992, revised November 6, 1992. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines, such easements to be omitted below the OHW. c) Designation and dedication of a drainage easement within Lot 2 on the plat drawings, the upper boundary of said easement to be concurrent with the OHW contour. Page 5 of 7 CITYof ORONO B. LEGAL DOCUMENTS required: RESOLUTION OF THE CITY COUNCIL NO. 3212 a)Title opinion addressed to the City. All ownersr mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. The applicant must provide certified copies of all recorded easements currently affecting the property. Signed and executed Conservation & Flowage Easement document for said easement within Lot 2. d) Signed and executed drainage and utility easement over Outlot A. C.FEES TO BE PAID: Total Due $200.00* a) Legal review and filing fees of $200.00. *b) Park Commission has determined that a park fee will be required. The City Assessor has been asked to uetermine the fair market of the undeveloped lands within the subdivision so that a park dedication fee can be determined. Applicant will be advised as soon as Rolf Erickson, the City Assessor, has submitted his findings, — Sct? t^crrrt^ oF Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 14th day of December, 1992. ATTEST: \ Oor^thv M. Ifallin, City Cl< j y I I — ::^thy M. 1 fallin. City Clerko Barbara A. Peterson, Mayor . • w t VW i _ • • * V*.“* •* • * Page 6 of 7 vVVVV “-IT* •- • — ■ • . V • * '- ' . \ . IW J* • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3212________ STATE OF MINNESOTA ) RESOLUTION ^3212 STATE OF MINNESOTA ) ) COUNTI OF HENNErlN ) ) CITY OF ORONO ) I Dorothy H. Hailin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono V * *•:i »*V-.r, t/.51 r ri B•'!:-Ifp«tilfc At t fV-i™ • •.• 1; r -le •iliv.-f5l f! *• . • • • , I»!- •* ••*.•• •• .V- ^ *‘ .•'•.•vW-.-• . . •. .■ •• • ’ • •. ■, • ^ |V\ s 11*. * IC * , I. -1 • ‘l • . , -V* hi ' I 3 ——\ %>»>. u 3U0 WO -1 X* -•V,• '# h "X • 1 • «* A •V • «^ \.i II 1* t •(* ♦* * 1 0l« \ l% ^\i>) I I ill Ml ’ii • II «t ** i; V I A » t « V’.i ?r* :. (• ,• '* 1 • sin 1 * • A<• »« • *4 t-i 1 I ■ • • • ^ » • •<> •. « a ♦< • • .5 ^ : i i «o « « •« •I I I I ' V I t I •• • V ?1.^ tl >c;x) >z: m o Oo C/) COmoo D > O O H O H O oo# 2o • • To;Orono Planning Commission Members Mayor Callahan and Orono Councilmembtrs Ron Moorse, City Administrator From; Date: Subject: Jeanne A. Mabusth, Building & Zoning Administrator July 21. 1993 \ <5.,> % /2<>. #1823 Marge Rossing, 130 Cygnet Place - V’ariances - Resolution At the July 12th meeting. Council conceptually approved the setback variances required for the 20 ’ x 28’, 2 Vi story addition to the existing residence and denied the 4 ’ x 12 ’ deck addition per the Planning Commission recommendation. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission recommendation. A \ I A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (A) FILE NO. 1823 WHEREAS, Margaret D. Rossing (hereinafter "the applicant") is the owner of the properly located at 130 Cygnet Place within the City of Orono and legally described as follows: Lots 1 and 2, Block 3, Swan Lake Addition. Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.28. Subdivision 5 (A) to permit the construction of a 20’ .x 28’. Vh stor>' addition to the west side of the e.xisting residence to be placed 28.8’ from the rear lot line where a 50’ setback is required and 41.14 ’ from the street lot line where a 50’ setback is required. The applicant also proposes a 4’ .x 12’ deck to the northeast side of the proposed addition to be placed 26’ from the rear lot line where a 50’ setback is required. Minnesota: NOW, THEREFORE, BE IT RESOLV’ED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1823. 2. The property is located in the RR-IB Rural Residential Zoning District requiring two acres in area. The property consists of 71.734.5 s.f. or 1.64 acres. 3.The Orono Planning Commission reviewed this application on May 17, 1993 and June 21. 1993 and recommended approval of the variance application as amended based upon the following findings: A. The property has an unusual shape. B. Tlie house was installed on property prior to current setback standards. Pane 1 of 6 4. C. The principal structure met zoning standards at the time ot construction in 1969 and was allowed to be constructed 25’ instead of 30’ from the rear lot line. D. The interior layout of house limits construction of addition to the west side. The Orono Planning Commission denied the 4’ x 12 deck and stair stmcture to the northeast side of the proposed addition based upon the tollowing tmdings. Installation of the deck would encourage funher structural encroachment of the substandard rear setback of the structure. A. B. Further intensification in use created by rear deck addition will only masinify problems associated with the already substandard residential lot. 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 jzraniing the variance would not adversely affect traffic conditions, light, air nor nose a fre hazard or other danger to neighboring property; would not merely Lrx’e as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial proper^ rigb of the applicant; and would be in keeping with the spint and intent of the Zoning Code and Comprehensive Plan of the City. 5 The City Council has considered this application including the findings and recommendations of the Planning Commission, repons 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 die findings noted above, the Orono City Council herebv grants a Variance to Municipal Zoning Code Section 10.28. Subdivision 5 (A) >o pe^n tbe con^ruction of a 2..-smo;. 20; x ,:;es.-.dr a 4’ d'ecr,"S stair addit,on requiring a 24' or 48C. variance, subject to the following conditions: Paue 2 of 6 1 i. 2. 3. 4. The existing detached garage must be completed before a building permit can be issued for a second accessory’ structure at 26‘ x 38’. The second accessory structure must be completed before a building permit can be issued for the 20’ x 28 ’ addition to the principal structure. Applicant shall install split rail fence as shown on Page 6 of this resolutir;- defining the driveway and parking boundaries in order to eliminate uncontrolleu parking of vehicles on grassed area. Applicant is encouraged to plant evergreen- type plantings within street yard to provide year-round buffers for front yard parking area. All exterior storage on this property shall be subject to the standards set forth in Section 10.60, Subd. 13 that reads as follows: "In all residential districts, all mobile materials and equipment shall be stored within a building or fully screened so as not to be visible from adjoining propenies, e.xcept boats and unoccupied trailers less than 20’ in length which are not stored for commercial purposes, if stored to the rear of the house and a distance of 10’ or more from any property line." Authorities granted by this resolution run with the property not with the applicant, but arc permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 26, 1994). Violation of or non-compliance with any of the tenns and conditions of this resolution shall constiaite a violation of the zoning code, shall automatically terminate anv authority granted herein, and shall be punishable as a misdemeanor. The undersicned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby aurees to the recording of this resolution in the Chain of Title of the property. Pace 3 of 6 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26ili day of July, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edv ard J. Callahan, Jr., Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of March, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ’ Notary Public 1 Page 4 of 6 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 ) ) 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 (the>) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 6 TO:Mayor Callahan and Orono Council Members Ron Moorse, City Administrator v\ FROM: DATE: SUBJECT: Jeanne A. Mabusth, Building & Zoning Administrator %a 6^ V/: ‘j'j ''' O July 22, 1993 #1825 Tliomas L. McCarthy, 2490 Old Beach Road - Prelimintiy Subdivision Status of Application At the June 28. 1993 meeting Council tabled the review of the subdivision application at applicant ’s request. The applicant requested a 30 day extension, the application has been rescheduled before Council at the July 26th meeting. Council also advised applicant that at the July 26th meeting they would act on his variance application. List of Exhibits A - Council Minute.s 6/28/93 B - Council Action Notice C - Final Plan D - Gaffron Memo 6/16/93 E - Engineer's Report of 5/7/93 Review of Final Proposal As of this writing the applicant has not submitted an amended proposal. Council will act on the final plan submitted by applicant, review Exhibit C. Pertinent facts are reviewed as follows: Lot 1: 0-75’ setback area = 13.390 s.t. Allowed = 0 Proposed = 0 75-250’ setback area = 25,880 s.f. Existing hardcover = 8.588 s.f. or 31.18^ Proposed = 6.470 s.f. or 25‘"c* *Removal of sidewalk = 350 s.t., drive = 780 s.f., limbers = 82 s.f., deck = 880 s.f. and removal of landscape stone = 26 s.f. Total hardcover removal = 2.118 s.t. r.30-500’ setback area = 3,970 s.f. Allowed = 1,191 s.f or 30"c E.xisting = 1,700 s.f. or 42.82% Proposed = 1,181 s.f. or 29.75% Zoning File ^1825 July 22. 1993 Page 2 Final plan shows a 9’3" width driveway within the 30 ’ corridor located within the 250-500 ’ setback zone. Hardcover standards have been satisfied within each independent hardcover setback zone. During the review of this application by Council at two previous meetings, access has been the major concern because of the poor condition of ohore Hills Road and the need to minindze curb cuts onto the privately maintained road that exists within the unimproved public risht-of-way. The engineer has recommended a shared access or single curb cut for the property to minimize the impact on limited roadway and maximize afety for uses ot roadway. Although lots meet required area and width standards of current code, members noted the obvious gerrymandering of lot lines resulting in poor planning and a future nightmare in Lie maintenance of irregular boundaries of properties. Lot 2 could effectively place an accessory structure on northwest comer of Lot 2 that would have a major impact on residence on Lot 1. Council Action Provide conceptual direction to the staff so that an appropriate resolution can be drafted for formal action by die Council at .'leir August 9, 1993 meeting. ch T\ ► iL MINUTES OF A REGULAR ORONO COUNCIL MEETING held JUNE 28, 1993 ZONING FILE #1811 - CONT. Vote: Ayes 3, nays 2. Mayor Callahan and Kelley voted nay. Motion carried. (#5) #1825 THOMAS L. MCCARTHY, 2490 OLD BEACH ROAD - PRELIMINARY SUBDIVISION Thomas McCarthy and Mark Gronberg were present. Maousth referrea to a plat map of the area i nd i cat i ng on I y one other lot large enough to possible be subdivided. She reminded .nem of the Hepp aopiication, in the same neighborhood, which was denied because of a.'- existing easement area that had to be deducted the total acreage. The new shoreland regulations allow for .lag lots to be developed. The applicant is now proposing a 9.6 wide drive in the 250-500’ zone meeting the allowed 30X hardcover. Jabbour cuestioned whether the drive would be wide enough or emergency venicles. Mayor Callahan clarified that the shoreland regulations were an overlay of existing ordinances, and therefore the flag lot could still not be approved. Gaffron explained with the adoption of the new ordinance, the definition of measuring lot width was changed for the entire chapter. Cook noted the road is only necessary to.be wider for emergency vehicles. He stated the road could easily be widened in the future even if approved at the narrower width. Hurr questioned the minimum standards for a private road. Gaffron replied a private road is required to be 28’ wide wnen serving 7 or more residenoes. Mabusth stated there are parts of Shorehills Road that are only 10 1/2’ wide. Gronberg stated the Long Lake Fire Department has indicated most trucks measure 7.8’ across the wheel base, and the largest true theyhaveisS.I’. Jabbour felt they were obligated to consider public safety. MINUTES OF A REGULAR CRONO COUNCIL MEETING HELD JUNE 28, 1993 ZONING FILE *1825 - CONT. Dan Sadlack 2409 Old Beach Road, stated during the Planning Dan sadiacK, ^ onnosition was presented expressing Commission a pe aethestic and safety on the single lane,concerns for environment, aetnesiic, <arm =>aic 7 Mayor CalUhan notad ^°/^i-Vru.e^app??cant "thi ^Cus“'d"regulat,ons if the City, they are required to approve the appIicat I on. Kurr felt there should only be one curP cut allowed for the property and should be on an out lot. Kathleen Ronald. 2480 Old Beach Road. property because it was a two acre parcel the elevation of the McCarthy property and the addition of residence, that privacy will be lost. Paul Anderson. 2530 Old Beach Road, asked the required cul-de-sac radius. Mabusth indicated a cul-de-sac is required to have a 100’ platted right-of-way diameter and 80’ paved width. The ^ located at the end of the street does not meet the standards, but the right-of-way is available. Staunton stated.the code indicates it is the obligation of the developer to bring the road up to standard. jabbour reminded the public that the applicant is not requesting anv variances with the most recent proposal. David Schneider. 2540 Old Beach Road, expressed opposition to the propose I. Jabbour noted if the application meets all standards, regardless of the affect it will have on aesthetics, they must approve. listen to his recommendation. subdivide, based upon the City Engineer’s recommendation. MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 ZONING FILE *1825 - CONT. Gronberg asked If they would consider the application if the developer upgraded the road. McCarthy requested the application be tabled for 30 days. % Hurr withdrew her .Tiot i on, 'and Goetten withdrew her second. It was moved by Hurr, seconded by Goetten, to continue Application <1825 for Thomas L. McCarthy, 2-190 Old Beach Road, to the July 26, 1993 meeting to allow the applicant time to revise his proposal. Ayes 5, nays 0. (*#6) tf1826 ROBERT 4 ANN HENSON, 2166 SHADYWOOD ROAD - VARIANCE - RESOLUTION #3295 It was moved by Jabbour, seconded by Ma.vor Cal lahan, to adopt Resolution <3295 for Application #1325 for Robert and Ann Henson. 2166 Shaoywood Road, approving variance for the construction of an attached garage and lakeside deck. Ayes 5, nays 0. (#7) #1831 EDWARD ENGLER, 3450 BIRCH LANE - VARIANCE - RESOLUTION #3296 Mr. and Mrs. Engler were present. Mabusth explained the applicants propose the addition of a 10x20’ lakeside addition to be placed over an existing patio, with the remainder of patio to be removed, and a 16x24’ addition to the east side of the residence. Fourteen percent of the excessive hardcover in the 75-250’ zone is due to the asphalt drive which is used as a turnaround for Birch Lane and used by the City for snow storage. The Planning Commission requested an easement over the aspnalt area, but the applicants did not wish to encumber the property with an easement. A condition of the approval resolution is that the City be allowed continued usage of this area, and the applicants have agreed to such. Staunton noted the condition of the resolution will not be binding to future owners. Hurr felt if this is being considered as a hardship for the granting of the variance, then they should require the easement. Goetten objected as they have never required an easement in the past. B CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. /S'1825 NOTICE OF COUNCIL ^XTION Date of Notice: July 2, 1993 TO: Thomas L. McCarthy COPIES: Mark Gronberg 6955 Washington Avenue South 482A Tamarack Avenue Edina. MN 55439 Long Lake, MN 55356 TYPE OF APPLICATION: Preliminary Subdivision DATE OF MEETING: June 28, 1993 VOTE: 5 FOR 0 AGAINST COUNCIL ACTION - MOTION: To table all review of the application at applicant’s request. The application shall be rescheduled before the Council at their July 26, 1993 meeting. It would be very helpful to the Council if applicant plans to submit a revised plan that it be submitted within the next week providing Councd adequate time to review amended proposal. Please contact Jeanne Mabusth (473-7357) if you have any further questions. I I I.l 4 . Sharp MI I I\. lni» sur.Hr inicn.u lo vh„« the boundjnei of the 4lHive Iteicrifeo property, 4>-cl the lo(jtinn o« jii e,.yl.rg hoove enU v„eO thereon. It doev Out porport to sho. 4h, othe? . .t*:; o^e.. .. 11 en, ou^L'^tv. k f . 1 .»•I t M 0 4 i fi * >$ ft • « »«i ; I f 009*0* i# tCdtti^xd*________________ J*0^ 4^*1 . » 9J COFFIN & GRONRFRC WC f i ” I' ^ ^ ' I PM(» • I I *M-- f .1 , \ I \ »»..«, I lit ff ll .. ‘Ilti lint llll» MfM* « I I. luriit In I.. .4 ,|. ,l.« .|.. ItM.lMipi t iota'll 4l»>l IImI I-*i|i 4 «fu!t It (.•«(• t« ,1 ( •« ll f t t 4IkI I 41*41 'nil%« V ,•! Iif -lt I lh« 1.1 ^ *4 tltt-si.ii, ,4 VI 11 MjiIi > I I 4iU>fi: M»«iit« «,4j III, hm NumK f l**U ^~no Pb To: From: Date: Subject: Jeanne Mabusih, Building & Zoning Administrator Ron Moorse, City Administrator Mavor Callahan and Orono Councilmembers Michael P. Gaffron, Assistant Planning & Zoning Administrator June 16. 1993 U Tf 1825 Thomas L. McCarthy. 2490 Old Beach Road Background on: 1. Flag loLs/width measurement 2. Hardcover zone balancing D List of Exhibits 1. A B Sketches Regarding Lot Width Issue Sketches Regarding Hardcover Issue Lot Width Measurement. Before the Shoreland Ordinance was in effect, lot width for a lakeshore lot was measured (as a matter of policy) at the 75’ setback and the street setback lines. Since the definition of lot widtii relied on having a front yard, and lakeshore lots by definition did not have a from yard, this resulted in the need for staff to develop a policy, which we did. During the Shoreland Ordinance review, the Lake Use Committee agreed with staff that lakeshore lot widths should be measured at the shoreline and at the required lakeshore setback line (75V1007150’ depending on GD/RD/NE classification), while non-lakeshore lots would continue to have lot width measured at the street setback line. Perhaps one of the fust cases in which the new detinition came into effect was the Boyke subdivision on Lydiard Lake. Because the ea.sterly lot with the house did not abut the shoreline, its width was measured at the street setback line from the driveway outlot. The width of the newly created lakeshore lot to the west was measured as a straight line from the side lot lines at the shoreline and at the 150’ setback. Even though this lot had a lengthy narrow "flagpole'' section, that met the width standards as does the McCarthy proposal. Background Note that for non-lakeshore situations and for lakeshore situations pnor to the Shoreland Ordinance, the City has historically seen three options for gaining access to a back lot. These include an easement through the front lot; a flagpole to create a tiag lot : or creation of an outlot over the narrow flagpole portion. D Thomas L. McCarthy. Background June 16, 1993 Page 2 The easement option typically resulted in lots that didn t abut either a public or Private road, hence a variance for lack of frontage was automatically required. The way to avoid this variance was to create a Bag lot e.xtendmg to the street. However, this resulted in the need to grant a lot width variance since the lot width at the front setback line from the street was merely the width of the ttagpolc and not even close to meeting the width requirement. The solution to both the easement and flag lot options was the outlot option By creatine an outlot' driveway that in a sense ftinctionc ' as a private road .t could be rruued'that the back lot now abuts a road, and the entire length of the lot Itne that abuts th^ outlot would become the front lot line for deftning a front setback line and theretore the lot widih. Over the last five years or so, the City has normally required the outlot option, and the area of the outlot is e.xcluded from K t area. An inadvenent effect of the new shoreland lot width definition was to revive the possibility tor flag lots on ^e lakeshore This would normally not be an issue e.xcept in a case such^ McC^y s whe^ tota area of the property does not allow for the outlot option. This leads to issue i.e. hardcover in the flagpole. Hardcover Zone Balancing. The question here is whetiier it is legitimate to allow a liigher percentage and square footage of hardcover in a zone further from the lake, as long^ the zone c oser to the lake is reduced by an equivalent square footage, to avoid the need for variance. While I believe this is a logical policy and procedure to have in place, and while I would argue rather vehemently to persuade anyone that this is a reasonable, beneticial and fair policy. I will concede tluu the bookkeeping and future review procedures niust be in plaL so^that future problems don ’t arise. For imtance, if a lot is allowed an extra I OOO^s f of hardcover in its 2.50-500’ zone in exchange for reducing its allowance m iicTs-IW zone by that same 1,000 s.f.. this must be adequately documented in Ctry files and procedures put in place so that at some fumre date j* ^ allowed to go up to his "25%” limit since his actual limit is really 1,000 s.f. less th the 25% figure. Looking at Exhibit B. assume that the entire fla^ole wide, and an 11’ wide driveway runs its entire length. This constitutes 36 in the 250-500’. where 30% would be allowed, and in the e.xample. results m 1,6UU s.r. hardcover where only 1,350 s.f. would be allowed at a 30% level. D Thomas L. McCanhy. Background • June 16, 1993 Page 3 I would argue that the property owner should be allowed the right to have the 250 s.f. overage in his 250-500 ’ zone as long as he agrees to reduce the 25% allowance in his 75-250’. by the equivalent 250 s.f. Tliis in essence results in a 24% hardcover limit for his 75-2*50* zone, a 36% limit for his 250-500 ’ zone, and the same amount of overall hardcover lie would have had under the standard allowances, but a greater proportionjpf it is further from the lake^ Obviously, we would not allov a simation that would work the opposite direction, i e increasins hardcover nearer the lake in exchange for less hardcover in a zone further from the lake' This would be opposite the intent of our "ha dcover zones ” philosophy. If Council would agree to this hardcover policy interpretation, we would see a few less "nuisance ” hardcover variances each year, and cause less aggravation for property owners and staff. I would prefer to view this as a policy clarification of die hardcovV*r ordinance rather dian as breaking new ground. From an administrative standpoint, we can cenainly put in place review procedures so that future problems should not occur. Acceptance of this police will also allow staff to, in general, do a hardcover balancing for anv lakeshore property requesting a permit, such that a property with unused hardcover "credit" in a zone nearer the lake can legitimately use that credit m a zone further from the lake, widiout requiring a variance. Recommendation Council has the option of revising the shoreland lot width definidon to add die requirement for meeting the width standard at the street setback line as well as at the shorelme and at the lake setback line. However, I don ’t see that this will impact the McCanhy case, since it came in under the current ordinance. I would stronglv recommend that the Council accept the concept of "balancing" hardcover whereby hardcover unused in zones nearer that lake can be legitimately used in zones mrther from the lake without a variance. D /* . Palior^ I'D - ^ E'A.T' J'* "TO A /=t?ie. ^7* I MOT HAV/*J6» )P72€>Ni*T“ArC3tf 0/0 A Pv(l Z-tC_ • -^O T-O y^e-ThH^^ XC , / D D ^M:lG>\TS cc B — 'fr,^x^covc>^ j^Q(2^ f~J-A^ i-'O'T^^ C-O^-iir>'7/2-^^77^ TV “p4j,<i-.f=oi-e ” r’A«i--:' CF T7T- 7^'^^TD’ z^f^e: . ;l ■ ^ ^ . . 5_^ . f^*~<>^^K^'^ ft^ ■ 0-'^^ / j ^ 5;0 ^4!;. Avco<-Jt^ 2^-ST5D - C<-»<e-0^^0 CAJtTT^ /W-V^oO/MG 2ilO-'TCO TO Crz^^r^VT Pr2-c>f^ 7S'’‘^-5TO' ^ .A-^ / 7S■'^-rD' /j ey A . i ^ I Bonestroo ^=2 Rosene Andcrllk & Associates Engineers & Architects C-o G occr<: X :cvrc^C • <»S Vjn,«o L Pr*'j'd C **£ G<''H C>^.« *’£ T*xrrWi £ 9cC^ G ^£ M C ^A •>'-or Ccn-^Tar'f Hcwa'-J A S-irV'tJ P£ (Kr r*' * Gc*:^:n P£ 9 P*e*^'> P£ .V ^‘‘Jer C^/<J O Lcyicfrf P£ C Pu^vrt A I A A 30o' X:n P£ \*jr* A P£ V<*'ar* ' P£ >J < £^<3 PE P Af'^er^Cn • A I>cr'j<3 C P£ E Ap^v P£ i\r*ae< Vjrr.rrz P£ Vc•'.!?< P P£ P»' -0 • P.^'A P£ V A C P .1/ P^*»V/* P£ v<»'r^ C ‘^£ jar*>r*. P ••a.joo P£ D P£ P r' P£ •,Vn Pl-!V P£ V^« A 'jro Pc 'A' P£ , EJ.jr^Cr-J P£ • jr^ P<* P£ P**.'p J Cj ^at! P£ *.v* .*3 A> .\ Pf V ^*. 9 pf l P* C C r.#- t P£ •.*■•'• . A C •'• - • •-:'?.• P£ r *>i: **:*.*f P£ •rf** P p£ C'T -iJ*. , Vjva *' D C^ C Ov^ P£ C"^f^». a £ <iv*r tro *.« ^ *.« C v:^ 5- May 7, 1993 Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: McCarthy Lot Division File No. 139-1825 Dear Jeanne, We have reviewed the proposed property division for Tom McCarthy of Lot 4, Shore Hills subdivision in the Northwest Quarter of Section 21, located on the north side of Shore Hills Road and west of Old Beach Road. The division is acceptable from an engineering standpoint. Drainage and utility easements should be provided 10 feet wide along the right-of-way for Shore Hills Road and 5 feet wide along all other property lines for each lot. We recommend that the existing driveway be located within a 30 foot wide outlot, to serve the purpose of a common access for both lots. Sewer service to Lot 1 is provided by a service wye located to the north of the existing house, near Lafayette Bay. The location of t existing sewer line is shown on Record Plan A65. Sewer service to Lot 2 could be provided by connecting to the sewer line and running a service along the westerly line of Lot 1. This alignment would require a 10 foot wide drainage and utility easement along the westerly line of Lot 1. There is also an existing sewer line located under Shore Drive, as shown on Record Plan A66. Sewer service to Lot 2 from this line may be possible, but it would require the excavation and replacement of the roadway and driveway in the area. The elevation or this sewer may prohibit its use to service Lot 2. Please contact me at this office if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDERL.TK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. 2335 West High ’ ^ay 36 • St. Paul, MN 55113 • 612-636-4600 • . , I u • \ % % ^Pp (K~fi-~/l'o^ Hew 114 PoA nvCrio/4rf 3 .■ /£" PP^ S^u.v«*Ay 7. 1 AicCA/<r^f PARCe,L i ^ S HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) ($-75^ 75-250' 250-500' * • • • E xisting Hardcover in Zone A, House 3. Garage c. Driveway D. Sidewalk E.^ATIO/ 3eck F.Landscape AREAS underlain BY , . PLASTIC SHEETING G. Other LENGTH _ X . X X WIDTH • 9 s-is-f} 500-1000' 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. S^F. S.F. S.F, S.F. Total Hardcover in Zone Total Property Area in Zone S.F. ^\3 /y,fZ.o X 100 - /?,9-7o ,.F. rn o ■% * , 0 % * / Li t' /•' (. ([ /f A / /» / HARDCOVER CALCULATIOM WORKSHEET SET3ACK ZONE: (CIRCLE ONE) • 0-75' (^75-251^ 250-500' Existing Hardcover in Zone /y 7-/^. 9^ 500-1000' A, House 3. Garage c. Driveway 0. Sidewalk £. Patio/ Deck F. WtPSCAPe- areas UNDERLAIN BY , _ PLASTIC SHEETING G. Other LENGTH • _ X X - X = S7?o WIDTH .* .* Total H ardcover in Zone 9 Total Property Area in Zone s.F. . S.F, S.F. S.F. . S.F. S.F. . S.F. . S.F. 4/o s.F. S.F. _ S.F. S.F. : t s.F. S..F, S.F. S.F. 2 ^S.F, s.F. 25,^_l£s.P. [b] f 5 8 8 JL Q i ^BO X 100 • 3^’ ' % ^y/fr/Aya A’ffHaur 3^0 ZSO Td.Fr'.^ r/r-tfffKS ^2. L-2//Z SC /^r. ^‘€c< ’ •• * . 'X e T.-. ,ts rs?i-Z//Sz €*/7os, 2S,BB0 ‘ ZS. CO 7o kdi HARDCOVER CALCULATION WORKSHEET SETBACK zone: (circle qne) 0-75' 75-250'(Iso-sojp 500-1000' Existing Hardcover in Zone • A. House S.F. ' ^ - A T"4^‘ LENGTH WIDTH S.F. S.F. • • S.F. 3. Garage c. Driveway /^20 / / S.F, S.F. S.F. S.F. f TO:Mayor Callahan and Orono Council Members Ron Moorse. City Adminisl;*ator ^ A / %O' FROM: DATE: Jeanne A. Mabusth, Building & Zoning Administrator ’’ . . \ % V 4 July 20, 1993 SUBJECT: #1834 Mary McCarty, 245 Tonka Avenue • Variances - Resolution The variance application was tabled at your July I2th meeting because applicant was not present to address. The applicant will be present at the July 26th meeting. The enclosed approval resolution has been amended to include formal action by the Council at the meeting of the 26th. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE /S^1834 WHEREAS, Mary K. McCarty (hereinafter "the applicant") has an interest in the propeny located at 245 Tonka Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 5 and 6, Block 3. "Bayside Addition to Ltike Minnetonka", Hennepin County, Minnesota (hereinafter "the propeny"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit construction of a new residence on a property that consists of 12.500 s.f. or .286 acres where 87,120 s.f. or 2 acres is required and a lot width variance as lot is 100’ at the rear of the 50’ street setback where a 200 width is required. Minnesota: NOW, THEREFORE, BE FP RESOLVED by the City Council of Orono, FUNDINGS 1. This application was reviewed as Zoning File #1834. 3. The propeny is located in the LR-IA, Lakeshore Residential Zoning Distnet. The Orono Planning Commission reviewed this application on June 21, 1993, and recommended unanimous approval of the proposed variances based upon the following findings and hardships: A. The propeny is 12,500 s.f. in area and is subject to 2-acre zoning standards. Page 1 of 5 4. 5. B. C. D. E. F. The lot was platted prior to present '.oning standards. As a condition of the sale ot the property, applicant has had to prematurely apply for variances prior to the resolve of the ownership of the soon to be ta.x forfeit pfoperties to the immediate nonh. Applicant is unable to finalize comprehensive development plan for property and is fully aware that based on the limitations of let depth that she will need to file a rear/front setback variance application prior to construction. Development of the lot would be consistent with the pattern of development within the immediate Bayside Addition to Lake Minnetonka Plat. The City readopts the findings set forth in Orono Resolution #3167 approving sanitary sewer service to the property. The City Council finds that the conditions existing on this propeny are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan ot the City. 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 variance to Municipal Zoning Code Sections 10.23, Subdivision 6 (B) to permit Page 2 of 5 • ■■ar-r— , construction of a new residence at the property located at 245 Tonka Avenue, subject to the following conditions: 1. 3. 4. 5. 6. Prior to the issuance of a building permit, applicant shall have applied for the legal combination of the lots that will make up the final building bite. Applicant shall apply for an access permit from the Public Works Depanment prior to installing an access at Tonka Avenue. The property is located within 500-1,000’ of Lake Minnetonka and shall be allowed 35% of hardcover improvements at the time of development. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 26, 1994). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any autliority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 26th day of July, 1993 ATTEST: Dorothy M. liallin, City Clerk Edward J. Callahan, Jr., Mayor Propeny Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 26th day of July, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 n / TO:Mayor Callahan and Orono Council Members Ron Moorse. City Administrator S','* FROM: DATE: SUBJECT: Michael P. Gaffron. Asst. Planning & Zoning Administrator >> ' . Vs 6"* July 19, 1993 Revision to Time Frame for Repair of Nonconforming Septic Systems List of Exhibits A - Proposed Revision B - Fxisting Code E.xcerpts On July 12th Council voted unanimously to extend the one year repair period for nonconforming systems to two years. The proposed language in E.xhibit A accomplishes this with a number of caveats which staff recommends. These include: 1.Only those systems which are nonconforming solely due to lack of water table separation would be granted the time extension. Tliose systems which are nonconforming due to other factors (failing, discharging, cesspools, outhouses, etc.) would still be required to meet the one year rtandard as in the past. The extended lime period takes into consideri lion the many potential times of year that a nonconformity might be identified and allows two full construction seasons (typically May through November) for the necessary upgrades. For systems identified as nonconforming late in the year, they would have just over two years to make repairs. Systems identified early in the year (April through June) would actually have two and a half years. Staff feels tliis is necessar>- since many of the newly identified noncontorming systems will need to be replaced with mounds, which can only be installed when the soil moisture content is below ihe plastic limit. In some years, when rains come often enough that the ground rarely dries out, there are few opportunities for mound installation and contractor scheduling can be a big problem. After reading the minutes and listening to the tape of the July 1-ih meeting, a few questions were raised which may be answered by the following comments: A.By design, the Shoreland Regulations refer back to the septic ordinance in Section 12.30 for virtually all construction standards except setbacks from the lake. Because Chapter 12 is inunicipal code but not the zoning code, it can be amended without the standard zoning code public hearing procedures. Memo - Revision July 19, 1993 Page 2 B.Repair orders are considered as running with the property, but have not been filed in the chain of title as a matter of practicality. At the time of property sale, mortgage companies normally require "certification' of the septic system. This is not typically the case for sales via contract for deed, however. Staff has been very open as far as providing inspection records to all legitimate inquirers, but even filing repair orders in the chain of title would not guarantee that a contract for deed buyer will be made aware of a repair order. This is an occasional problem, but not common. Staff Recommendation Staff recommends approval of the attached ordinance to amend Section 12.30. Subd. 8 (B-4). Motion: Moved bv , seconded by to adopt Ordinance . Second Series, entitled An Ordinance to Amend Muncipal Code Section 12.30 by Revising the Required Time Frame For Repair or Replacement of Nonconforming Septic Systems per E.xhibit A attached. Vote: ____ayes,_____nayes. i MUM ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE TO AMEND MUNICIPAL CODE SECTION 12.3 0 BY REVISING THE REQUIRED TIMEr-'AME FOR REPAIR OR REPLACEMENT OP NON-CONFORMING SEPTIC SYSTEc^c The City Council of Orono ordains as follows: Section 1. The City of Orono Municipal Code, Chapter 12, is hereby amended by deleting the existing language of Section 12.30, Subd. 8 (B) (4) and replacing it with the following language: 4. Owners of non-conforming system.s shall be issued orders requiring maintenance, repair, alteration or replacement. Systems found to be non-conforming shall be brought up to conforming status per Subdivision 5 (C) as follows: a)Systems ..ound to be non-confcrming due solely to lack of 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics, shall be repaired, altered or replaced within a reasonable period of time not to extend past December 31 of the second year following the year in which repair orders are issued, the intent being that at least two ful- construction seasons (May thru November) shall be allowed for completion of repairs. Systems found to be non-conforming because they are either "failing" or "prohibited" as defined in Subd. 2 of this section, shall be repaired, altered or replaced within 90 days if feasible but in no case later than 1 calendar year after the date of the repair order. c)Sewage tanks requiring pumping in order to eliminate a discharge shall be pumped within 48 hours and as often as necessary thereafter to limit or eliminate effluent discharge until system repairs are completed. SECTION 2. Adoption and Publication. This ordinance snal* take effect and shall be enforced from and after the date of i-s adoption and publication. Adopted by the City Council of the City of Orono, Minnesota this day of _ _ _ _ _ ___ _ _ _ _ _* 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor ,5C# /U ' C0>>e’ R. Sewage Treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment per Municipal Code Section 12.30. On—site sewage treatment systems must be setback from the Ordinary High Water Level in accordance with the setbacks c:i^ntained in Section 10.56, Subdivision 16 (C). Non-conforming sewage treatment systems shall be regulated and upgraded in accordance with Subd. 17 of this ordinance. II - Subd. 17. Nonconformities. All legally established nonconformities as of the date of this ordinance may continue subject to applicable State Statutes and as regulated elsewhere in the Orono Municipal Code. In shoreland areas, the following standards shall also apply: C. Nonconforming Sewage Treatment Systems. A nonconforming sewage treatment system as defined in Section 12.30 and located within the Shoreland Overlay District must be upgraded and made conforming, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. Further, the nonconforming sewage treatment system provisions of Section 12.30 shall apply to all shoreland areas. IJ.aO of B. Inspection Program. For purposes of insuring continued proper use and maintenance of all existing onsite systems, the City shall periodically inspect each existing sy^stem and shall classify each system as Code, Conforming, or Non- Conforming . 4. Owners of Non-Conforming Systems shall be issued orders requiring maintenance, repair, alteration or replace­ ment. Systems found to be non-conforming shall be brought up to conforming status per Subdivision 5 (c) within one calendar year from the date of the order. Systems found to be non-conforming due to failure or pollution hazards shall have remedial action required within a reasonable period of time as follows; (a) Sewage tanks requiring pumping shall be pumped within 48 hours. (b) Sewage tanks or systems found to be clogged, overflowing, leeching or otherwise discharging pollutants shall be pumped within 48 hours and thereafter as needed and the system shall be repaired, altered or replaced within 90 days. ■ IL^ / '1 TO: FROM: Mayor and City Council Ron Moorse, City Administrator July 23, 1993 SUBJECT: Met Council MUSA Meeting DATE:r -0 4c. A The Metropolitan Council is sponsoring a tour of the Urban Service Area in‘the southwest Metro area on July 28th beginning at 4:00 p.m. At the completion of the tour there will be a meeting with local offxcials to discuss issues related to the Urban Service Area. The tour does not include Orono but the Metropolitan Council has invited officials from Orono to attend the meeting. The meeting will be held at the Minnetonka Community Center. The Met Council has also reguested that Orono provide information concer»^ing its development philosophy x-- that it can be handed out on the bus tour and at the meeting. The attached statement of the city's community development philosophy and the cover memo are suggested as information to be provided for the tour and the meeting. I ; ' j L July 22, 1993 Members of the Metropolitan Council: The City of Orono is a primarily residential community on the north shore of Lake Minnetonka. Approximately one-third of Lake Minnetonka’s 110 miles of shoreline lie within Orono. and the vast majority of that shoreline is developed witli single family residences. Orono has been active in providing municipal sewer to its developed lakeshore areas over the last 3 decades, while strictly limiting density to avoid sewering the rural areas away trom the lake. More than 80% of Orono’s Lake Minnetonka shoreline has been sewered to date, and while the remaining 20% contains relatively low density residential development, it is expected that sewer will ultimately be provi. ed. The City ’s main objective in sewering these shoreline areas has been to ser\'e pre-existing development. The City Council has held fast to maintaining the l-acre and 2-acre lot size requirements when lakeshore neighborhoods are sewered, and has not and does not intend to allow provision of municipal sewer to result in new high density development. The City ’s development philosophy is further defined in the attached flier. Please feel free to contact City Administrator Ron Moorse at 473-7357 if you have any questions. J COMMUNITY DEVELOPMENT PHILOSOPHY Orono’s philosophy for community development can be summarized by die conclusion statement in the 1974 Orono Village Comprehensive Guide Plan: "It has been determined that Lake Minnetonka is a natural resource of important metropolitan significance, and its preservation for future generations is tlie paramount objective of this plan. To achieve tliis preservation tlie quality of storm water runoff must be maintained by the continuance of low density rural land use policy. Therefore the same degree of urbanization tliat might be appropriate for other suburban communities in the metro area cannot be projected for tlie Village of Orono." The 1980 City of Orono Community Management Plan, which superseded the 1974 plan, documents in great detail the City’s determination to protect and preserve the character and quality of Lake Minnetonka. The Plan provides a solid foundation of support for the philosophy tliat proper land use management can and will protect and preserve Lake Minnetonka for future generations. In summary: 1. 2. 3. Lake Minrictonka is a regional resource which by virtue of its location near the metropolitan area will experience ever increasing use of its waters and ever increasing pressure to develop its shorelands in the future. The extremely long 25 year flushout period for Lake Minnetonka and the fact that its major source of replenislunent is snow melt and storm water runoff, suggest that whatever nutrients discharge into the lake will affect its quality for many years. The "Ilarza Study", published in 1971, established that phosphorus is a limiting nutrient for Lake Minnetonka. Since municipal sewage plant discharges have been eliminated from the watershed, today’s primary source of phuspliorus reaching the lake is urban storm water runoff. Continued 4.In light of the concern over Like Minnetonka and the desire of the residents of Orono to preserve the City’s unique na^’iral environment, the City Council adopted the following measures (and many others) as part of its comprehensive planning and zoning: A. Ordinance limiting the phosphate content of detergents, 1970. B, Wetlands preservation ordinance, 1970. C. Adoption of the LMCD Storm Water Runoff Guidelines, 1972. D. E. Adoption of 75 ’ lakeshore setback requirement, 1973. New residential 2-acre and 5-acre minimum lot area requirements, 1974, affecting 84% of the land area of the City. This rezoning also included a limitation on the percentage of hardcover for shoreland properties. F.Revised On-site Sewage Treatment Ordinance, 1978, in keeping with the City’s commitment to limit the extension of municipal sewers only to those necessary to rectify existing problems. The City recognized that the extension of costly municipal sewers for new development would result in an unacceptably high density of development, leading to levels of nutrient discharge greater than could be assimilated by the City’s natural wetlands system, and which ultimately would lead to lake water quality degradation. Development of Orono’s rural area continues today at the 2-acre and 5-acre densities, providing an attractive and unique residential environment while helping to protect Like Minnetonka. Redevelopment of pre-existing high density areas near the lake has been held to a high standard of conformity with environmental regulations which have become even more stringent with a new Shoreland Management ordinance adopted in 1992. The philosophy that we are stewards of I^ke Minnetonka and the policies and regulations adopted to promote that philosophy have guided the City’s development for three decades, and continue to be the underlying basis for planning decisions made by the City. ,1 * }t "5 / V' ; 44A -I.'. . .. .1 A A M I M I. I • lt»l • A A ■ I • »I ■•*i.. • 1 \\\ . .1««| |» •; nil t 2 ( nr. I U ASS KVML US IH)SIAC.t I’AII) Si ■ • JXiP iNo /OPQ I ::’nT L JM m m te «i « «l t -......... MIKI-; (i/M I UON’l’l t r ■ C nYOIOKONO ' '____ roiu)x<.o f (MtYSlAI H ay MN 55.U.1 M I ' i’ • >!•» H I I /. M I)» ' n • • I M I V' I AMI' IM VI A ' f M M » I r A M* *. » ^ '. I ' * '* I 11 ‘ I' 1 ‘ ‘. I i I ' * V ■ ECONOMY IS COMMON THEME The regional economy holds the key to the future development and revitalization of the region. Thai's a thread that runs through the Council's current thinking about Its Regional Blueprint — the Metropolitan Development and Investment Framework. Economic Developmont Initiative (Greater Minneapolis Chamber of Commerce). • Striving (or a Stronger East Metro Area (Greater St Paul Tomorrow). • Metro Proposal: Anatys'S of Systems Plans lor Providing Undergraduate and Practitioner’ Oriented Graduate Programs in the Metro Area (Minnesota Higher Education Coordinating Board). Each of the groups working on the Blueprint (list begins at bottom of far right column) is looking at the ecoramy from slightly different aMw — increasing the number of i^M^inveSting^n the older parts of th^region; guiding the S^eloper Tfie group has also looked at economic trends and patterns of economic growth. The group expects to develop draft economic policies by the end of September. 'economy*; and figuring out the*> dollar investments the region can afford to spend on facilities that support development. ■ BARRIERS TO -.REDEVELOPMENT A MAJOR PROBLEM N A ti» ^ A •^ « I • < >|l . I I > V I I 1 fl • . ' *1 i • I M in.M* M A Ml f|- » I • ♦ ♦ . II luoLuisoAuioj pue luauLidoiaAapaj 01 sjaijjBq eujoDjaAo oj Moq ssnasjp 01 suoissas dnoj6 snooj omj — dnojj) iuaiij|saAU|ay/iu3tudo|aAapaa ‘ uj-d s-€ V ui B oe:OI.-0€:8 A|np AbajBJis oiiuouooo UB JOj senssi rrrowpunorB — dnojj) ABatBJiS oiurouoag ‘ lu d 9-t» 'Gi. A|np suoipipsirnf jauto pue saouabe leuoiGer jo spuari eoixjes iqap pue loop lo uoissnasin July 1993 ■ THE COUNCIL’S REGIONAL BLUEPRINT — WHAT IS IT? The Regional Blueprint — the Development and Investment Framework — is the Council's plan for guicffnglfiSTR^ of new clevelppf]^ to maintain areas of the'raigidn ? -cm The Council e ■rii new draft of the Bkieprint fdiv'i^jb^% discussion ly December ^993ii^|YA ‘ adopt a final version next eprlnOt' lf/p' you're interested in helping devetop^^l"' the Blueprint, please call Anne 'V, 1 Hurlburt on the Council staff at 291 • 6501 or 291-6363. • • m m UBO 0|oi|M B SB uojBoj aqi }Bgi iqap icjoj aip le 6ui)|oo| s| dnoj6 eiix luaiudoia/vap poddns legi saimioB) onqnd aqi eouBUij ot uoiBaj aqi jo Aii||qe am uo 6u|snoo| s| dnojQ juaunsaAui iBUOfOau aqi Aij/w s.iBitx A bm Apapjo ue ui do|3Aap 0} uoiBaj aqi jo| lequassa S! Aoiiod iBosij |Buoi6aj punos v i.QH044V MOiriaM \ Staff coordinators: Joanne Barron (291- 6305) and Guy Peterson (291-6418). Economic Strategy Group — Patrick Leung and Barbara Butts Williams, co ­ chairs; Susan Anderson. Keven Howe, and Sondra Simonson. Staff coordinators: Bill Byers (291-6322) and Hal Freshley (291-6467) Reglonai Investment Group — Kevin Howe and Roger Scherer, co-chairs; Steve Wellington. Barbara Butts Williams and Dede WoHson Staff coordinators: Richard Johnson (291- 6549) and Pat Pahl (291-6392). ■ CLEARER PICTURE NEEDED The Urban Service Area Group is working toward a ciearer picture of how housing markets, transportation routes and other factors affect the development of the region. The group has discussed background trends and has begun touring different parts of the region to see developing areas first hand. It has also met with local officials tind others to find out what issues they’re concerned about. Discussions so far have raised questions about some of the assumptions the current framework ntSon. For example, the current framework categorms diffel’ent-parts' of-the region and sets c''-responding development policies. These categories may not fully reflect important differences among areas. Another example: The Council ’s data shows that the urban service area — where regional services support urban development — has enough suitable, vacant land to the year 2015 and beyond. However, builders and public officials have questioned how ’available* the land is if it's not located near areas where demand is greatest. bear, the dollars needed to pay for the region's infrastructure needs over the next several years, and the gap between the two. It will determine how this will affect the Council's decisions about capital investment in the future. The group will also consider other investment issues as time permits — such as the Council's role in determining the level of public subsidy for major projecis like the Mall of America. ■ ADVISORY COMMITTEE MEMBERS NAMED TO ISSUE GROUPS Several members of the Council's advisory committees have joined the issue groups working on the Regional Blueprint. The new group members are: Urban Service Area Group — Elsa Batica, Minority Issues Advisory Committee RedevelopmentIReinvestment Group . — Kevin Mulloy, Saulala Mafi (alternate), Minority Issues Advisory Committee; Larry Blackstad, Metro HRA Advisory Committee ^ Economic Strategy Group — Lou Fuller, Lester Collins (alternate), kMinortty Issues Advisory Comrrittee; Terry Sctineider, Transportation Advisory Board. MEETING CALENDAR You're cordially invited to attend any of the meetings of interest to you in the calendar. Discussion topics are listed for each rreeting. All meetings will be held at the Council offices unless otherwise noted. Meeting times and agendas are occasionally changed, so please call to conliim (291-6363) JULY July 14, 4-0:30 p.m., Urban Service Area Group — tour of northwest metro area and meeting with local officials. July 20, 7:30-9 a.m., Regional Inveatment Group — discussion of a'unified capital program and allocation plan for regional expenditures. ^ July 20, 4-6 p.m.t Urban Service Area Group — land use and services; jdevelopment issues in the southwest metro area. July 21, 12-2 p.m.^ Redevelopment/Reinvesiment Group — discussion of trends and disparities among cities In the region. July 22, 2-4 p.m,. Economic Strata^ Group — current economic strategies in metro area 4f July 27. 4-6:30 p.m., MetropolHanjbouncll Committee of the Whole — progress reports of the issue groups; general Blueprint Issues. July 28,4-8:30 p.m,, Urban Service Area Group — tour of southwest metro area and meeting with local officials. AUGUST August 4,12-2 p.m. RedevelopmenVReinveatment Group — discussion of results of July 14 focus group sessions. August 10, 8 a.m.-noon. Economic Strategy Group — potential economic strategies. August 10, 4-7 p.m.. Urban Service Area Group potential urban service area' August 11,1-4 p.m.i Redevelopment/ReInveetnK — public forum on aoluilons reduce barrfera to rodeveiopi reinvestment :' ^ ' T.'-Af 4 tmeaTliai mAiMd HOW MUCH CAN THE July 13, 7:30-9 a m.. Regional Investment Group — * • TO: FROM: DATE: Mayor Callahan and Orono Council Members Ron Moorse, City Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator July 21, 1993 SUBJECT: 1993 Marina License - Nonh Shore Drive Marina % List of Exhibit A - Application B - Licence Certificate and Attachments North Shore Drive Marina has submitted their 1993 license application, including renewal fee and a slip fee based on 158 total boats. No S150.00 late fee was included, although the application was received ten weeks after the due date. Fee Calculation Marina license fees for 1993 and prior years have been panially based on the number of boats in various categories stored on the site. In the past North Shore Drive Marina has paid fees to Orono for 86 water slips and 20 dry- stack spaces. Their total fees for license years 1991 and 1992 amounted to S392.00 annually ($200.00 base fee/86 water slips at $2.00/20 diy stacks at $1.00). Note that while the fee schedule since 1985 or earlier listed a $2.00 per unit dr>' stack fee, the license application listed the fee at $1.00 per unit. This was discovered when the license application was redone this year. Under the City ’s past policy of licensing only 20 of the dry stack boats for lake use. North Shore Drive ’s correct fee for 1993 should be $200.00 plus ($106.00 x $2.00) = $412.(X). Adding to this the $150.00 late fee yields a correct fee for 1993 of $562.00, or a $46.00 underpayment. Regarding the late fee, the other six license applications were received in a timely manner. The applicant notes that the original application and fee was mailed on April 21st. however, that application and fee never reached the City. Council s options include: 1. Require the payment of additional $46.00 to cover late tee. 2. Waive the late fee (City to refund $104.00). 3.Other. Prior to review of the 1994 fee schedule, staff will present to Council various options for a marina license fee structure not necessarily based on number of boats at the site. Memo - 1993 Marina License July 21, 1993 Page 2 Staff Recommendation re: 1993 License North Shore Drive Marina is currently in subsiamial compliance with the seven operation standards adopted with the recent ordinance revision. A site plan indicating parking and on-land storage of boats, trailers, materials and equipment is attached with this application. Staff recommends approval of the 1993 marina license per the attached license certificate and attachments. Moved by , seconded bv marina license to North Shore Drive Marina. Vote: __, to issue a 1993 commercial aves.____nays. I k CITY OF ORONO License Year P.O. Box 66, Crystal Bay, Minnesota 55323 Phone 473-7357 Date application sent to Marina Date application returned to Cit\* ;/, •- 4 . ANNUAL COMMERCIAL MARINA LICENSE APPl irATTOV - # . Pursuant to Orono Municipal Code Section 5.42. Subdivision 2 - Licensed Rcuuired. It is unlawful for any person to engage or participate in the "business of dockins, moorins, or storins boats or (operating) a commercial boat dock business" without first having obtained a license therefor from the Citv. PLEASE COMPLETE ALL ITEMS AND SUB.MIT SIGNED .APPLICATION. REQUIRED ATTACHMENTS. AND LICENSE APPLICATION FEE TO THE CITY CLERK BY APRIL 15 OF THE LICENSE YEAR. BUSINESS INFORM.ATION 1. 3. BUSINESS OR TRADE NAME ' Street Address .Mailimz .Address Marina Phone OfficePhone OWNERSHIP/OPERATION Fee Owner (ifdifferent than above) - Address Phone -rr •. #•4 •*.j y BUSINESS ORGAMZATION: (Check applicable item; ____ individual ownership ____ pannership corporation List the name of each panner or corporate officer and their title: . •• t Name of the marina manager responsible for daily operation: ; ~ j* r, r, ^ •i » I U*f i" X^riiE 4 w* • 4 w’ W VV V “f*: AY w’l • VV -f* ,V • VV "i iList the minimum number of employees on duty when the marina is open to'tfie^ublick.^^....'^^^^^ t f \m*Xj during the boating season: ivUl ai'l TlC'i ____ dock attendants ____ repair or service personnel i. V 06/2?- others available for sales/public information, etc. Paae I of 4 List every occupant of the property other than the Business noted above: 4. PRINCIPAL BUSINESS ACTIVm' (Check all services offered): •n-water slip rental buoy rental dry storage \ winter in and out ser\'ice boat clubs repair pans and service fuel sales ____ boat launching (day-use ramp) _ ____ boat rental __ ____ boat holding tank pumpout __ BUSINESS SCHEDULE (Check appropriate items): ■ open all year ____ bait and tackle sales boat and trailer sales .* chaner boat pon-of-call other . . - • . • % V, List proposed hours of operation: dock access retail sales & service open during boating season only AM to . PM AM to PM 6. MARINA SECURITY is provided by: CARFT.MCER 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 BOATS STORED IN THE WATER (for lake use) a. At dock slips ____ ____ Total Boats in Water 7. 8. b. c. .7 BOATS STORED ON LAND FOR LAKE USE a. Inside Buildings Outside on Racks Outside - other means Total Boats Stored on Land for Lake Use Y 9.TOTAL BOATS FOR LAKE USE (Add 7 and 8) Pase 2 of 4 i1 10. \ 11. OTHER BOATS ON PREMISES (SUMMER) a. Transient boats (repair/serv'ice) b. New boats for sale (inventory) c. Used boats for sale (inventor}') d. Other (list; * - • . ^_________) Total 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 Inside Buildin? Outside Buildine Total Inside Buildimj Qi’*~ide Building OFF-STREET PARKING REOUIRKMENTS 12. SUMMER P.ARKING a. Reuil sales/sen-'ice customers 5 sp.ices 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__2. (lin^ 9)] = c. Launching ramp customers (day use) 10 spaces minimum per ramp = TOTAL SPACES Total cars cars cars 13. WINTER PARKING a. (.2 X (add lines 12a and 12b)]cars DOCK CONSTRUCTION 14. CHECK ALL THAT APPLY: - Permanent ____ Seasonal Wood ____ Concrete Wood ____ Metal Foam Pilings; Deckinc: Flotation Method (if used): ___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 of all strucaires, 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 e.xisting facilities, all changes from the previous season, and any changes proposed tor 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 L.MCD LICE.N'SE APPLICATIO.V. 3. A CO.MiMERCIAL .MARINA LICE.NSE APPLICATION FEE according to the current Citv 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 PL^LIC USE ONLY IfPON .APPROVAI OF THF I ICFN.9F BY THE CITY COUNCIL. ^----------- Pursuant to Section 5.42 of the Orono .Vlunicipal 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 cr agents to enter upon the marina property at any reasonable time to perform safety and code compliance inspections. Auiliorized Signature Title Date Relationsiiip to Owner « ✓ Page 4 of 4 it) u N lO t/\ lA rI <ii 5P P Zr -th If mu# si Hitmiinrn t s • I c. ^------------ \«4 ^ K* •*' r1 ^ ^ ^-n CJ » 1 ^;\ I ;4 ,> S M ^ •• ? ! =*’J HP *_ 5- S- * t m "~fc Sfc' w • %z ^Jf_5? rw“ 1 am1 -J- • • 1 m 5~ r»- 51 vH 3r : -<h , 11“- ■ "T/■ I ..(5j, ■ i ,-V ...4 I \r • -.A *• I • « •• • i 4 j : LlUJ^ •• r \ /• #• V>*1» •• •• ^ t * •• •• \ c r.L^ fc - '^T>' I I (/ 1^ N f" ( J - n :•/- :1 r>•.u J (A y *3^ ■k <> oC 3 £ Mll'’\ J' it •~b tJ «A ^ !X‘ ^ :«Li N ^\ i !^n O ■V ^ #... •» *v* # •* J i’> 5 IS)L^lC- ,. lA •\\ V J:l ,\^ p a A W *‘ V <\\ >1 - -i' ? A*rj \> iU >4 i ) \ j U'l U ^\ 0 J______L u ^U uva V^#,r.' .!..}■ <4 1^ I ife; I!•? tA i I $ lA , " I ■ f % < I. 1 I. .:i •• \ I > \ 1 Xrwr';;i '.. / .. < # r''• •• IV- . * *. * i . r \ V' 'X T^ i I • I •m\ f T lUnoco^ti^ fai: 7 ni3 ’ /)-7S* : Wcpi/t-/! P/jAAJ /": (f/ii>/\(f'r{!t> /^^o/vv e?(j(nm^ i/iseli /AJ V/\r-.. /irrL.il-^-,23, /a M/^ I I__I • 1 A 4.r — ^ ^ ^ , • _____ W -........... ■...@“ © ' Oi/>I ; /. % I ^ ^4 • 'M / U-,') \'i-:^ ;■ \ \ 1 i I —■'^ .a. .•% . t I r X J 1 i 1 i l 1 1 T i*If • /r! 0 it ■—*———--——— j 1* 1 l\/<»«/i-/(/»}>;i If If 17 /t / ji ~ - . _ , / 1 ;»777 h . ••• •* • -:..i| * ** • 1 '^7V/"/77] ^ y / .-~ 1»• M i;/f H )i 1 « * * 0 * •—!_•/«i; 1 •" -*•• • •.. . -.a..rr-—-•> J 1 >y M 0 i<ii ts If 1 1 f • «• ». M (1 ii'ri /J if {'>»V f)/I •* * • -1 ...■•,• iSci^v/fc '' »r» I N ^ I • // • . r •• *• •• •• —w / 50 ’ Jk. / CONSTRUCTION PERMITS AND INSPECTION FEES (CONT.) Permit TypeCONTRACTUAL INSPECTION SERVICE.Monthly Retainer Fee(Includes clerical time) Inspection Charge Plan Review Charge Clerical Fee (Only charged if clerical use is excessive) LICENSES t MISCELLANEOUS CHARGES Zoning Department Administered • * COMMERCIAL MARINA LICENSE Application Fee (initial) Renewal Application & Inspection Fee (annual) plus: -each slip on water -each dry slip inside or in racks -each boat unit on land -late fee JOINT USE“DOCK LICENSE Application Fee (Initial) Renewal Application Fee Plus each slip Late Fee SEPTIC INSTALLERS LICENSE - Annual SITE EVALUATOR LICENSE - Annual GARBAGE HAULER LICENSE -flat rate - per hauler - transfer fee FeePer Contract Applicable Code Section$ 25.00 per month $ 15.00 per Inspection SUC/UUC Schedule $ 15.00 per hour $300.00 + slip & boat fees $200.00 + slip & boat fees $ 2.00 $ 2.00 $ 1.00 $150.00 • • • $ 50.00 $ 20.00 $ 2.00 $ 25.00 $ 50.00 $100.00 $ 30.00 $ 15.00/truck $ 30.00 CITY OK ORONO C.KNKRAl, MCRNSK NV 2453Name of Business:Nortli Sliore Drive MarinaPrincipal Owner: Larry Hork/Hirk & Debbi Br^.grgn 3222 North Shore Drive Date Issued July 26, 1993--------Date Expires Docembor 31. 1993 (Issued for License Year 1-1-93 thru 12-31-93) Address 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 required by the City Code, and shall have complied with all the reriuirements of the City of Orono, per ­ taining to the particular type of activity or business licensed. This license is non transferable. KIND OK Ul'KNSK (x Cotmtercial Dock/Muina License Septic System Installation and.'or Pumper Garbage Hauler Residential Kennel Commercial Kennel Total Amount Paid to City $ $. S. $. $ .$ I i > t CITY II ORONO CITYofOKOXO P O BOX 66 CRYSTAL BAY, MINNESOTA 55323 PHONE: 473 7357 Signature of City Official White - File Copy Micliael P. Gaffron, Ass't. Planning & "--ning Administrator Yellow — Licensee ♦ tl’. ♦ 111! Ill! Ill! Ill 111 ♦ 111 ♦ 111 ♦torn msmsm :;i::;:!iij:i*i::»:l:*:>y?i;i*i;i»i>ili*i;i*ili»i:i*iii»i:^^^mma Exhibit A - License No. 2453 CONDITIONS OF LICENSE APPROVAL. This license authorizes the licensee to operate a marina business in the City of Orono per the following conditions: I. II. Operation Standards. Each business licensee shall adhere to the following minimum operation standards: 1. Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. 2.Boat encine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. 3.Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. 4. The site shall be kept neat and orderly, and free of garbage. 5.On-land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. 6.Parking and on-land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the annual license application. Such site operation plan shall also indicate seasonally variable uses. 7. Lights shall be shielded from the road, the lake, and adjacent properties Failure to adhere to these standards shall be cause for license suspension or revocation per the provisions of the City code. Fuel Sales. This marina is authorized for fuel sales subject to compliance with the State Fire Code. ...I.—'^ . I TO: FROM: DATE: SUBJECT: « Mayor Callahan and Orono Council Members Ron Moorse, City Administrator % Vr Michael P. Gaffron, Asst. Planning & Zoning AdministratoT^^ July 20, 1993 Flood Plain Ordinance - Update/Revision % % %• % List of Exhibits , A - DNR Conditional Approval Letter The City is ^e^uitea to antend its cu.ent ^ptdtf,"-o ba in contpiiance with .cent Fcdera. revisions. Additionally, for many years ‘’'“‘r ■'?Sa"rl1o?revirw iTn— flood fringe conditional use pennits but does not :d"u" iy add^ls'^^aMs for review^f wetland alteration requests. Staff is currently preparing use permits. S‘rm"wdltsSdTaTublic hearing a. the Planning Commission's August meeting. i 1^ STATE OF ..DEPARTMENT OF NATURAL RESOURCES kl 500 LAFAYETTE ROAD • ST. PAUL MINNESOTA 55155 -AQ----------- ONR INFORMATION (612) 296-61S7 I * December 17, 19yi 'DEC 1 9 19S1 Jeanne A Mabusth BuildinQ & Zoning Administrator City of Orono Municipal Office, P.O. Box 66 Orono, MN 55323-0066 Dear Ms. Mabusth: CONDITIONAL STATE APPROVAL OF DRAFT FLOODPLAIN ORDINANCE The Deoartment of Natural Resources has completed its review of the draft ordinance the City of Orono is considering for adoption. The . entitled Sec. 10.55. Flood Plain and Wetlands Management and was da .ed April 1, 1984. listed items; 1. In Subd. 2 Statutory Authorization...the new, recodified reference is Minnesota Statutes, Chapter 103F. 2. 3. r^ • In Subd. ;.A. regulatory flood ^ sentence, third line should read "Base Flood Water Surface E evations with Floodway". Tn «:iihri q Flnodwav District (FW) B. Conditional Uses 2., add the iSn « ; ?roitr4 “ir(i a d lo (optional) of the enclosed »de ordinance. Also replace the language in 5. with that and 4.47 of the model. Somewhere in Subd. B., add the language Sec. 4.46 Storage of Materials and Equipment (a) and (b; (optional;. Add the language from Sec. 6.0 General Floodplain District after Subd. 11. In Subd. 12. Conditional Use Permit and*^(2rfrom theinformation from the applicant in Sec. 10.43 (a)( ) model. AN EQUAL OPPORTUNITY EMPLOYER Page Two fi In Subd 15. Land Development and Platting* add the last sentence o. sec “i end all of Sections 7.2 and 7.3 frcs, the Mdel. 7. After Subd. 15., add all of the language from Sec. 8.0 Public Utilities, Railroads, Roads, and Bridges. 8.T C .Kri oc; Va-iancps in the first sentence after the word "llardship%*add‘the last phrase of the first f Variances that begins with "practical dmiculties and all of the second sentence. 9."21t’ldLa^ce'^"io?rth?Mand^F™^^ “ood ’faUn"rffort of?hfpart of the city to enforce the ordinance. Comnissioner or Natural^ Resources, with Minnesota Statutes,of'thraboie cited draft ordinance ir accordance with Minnesota Statutes, Section 103F. (l«ache3rl"?a?f"ySio?:gist^^^ Piobter located at the following address: DNR-Division of Waters 1200 Warner Road St. Paul. MN 55106 772-7910 Any changes of the subject draft ?f'^’"j"“^J''J°lof“to‘*adopticn°before they can ihnusl mist be aooroved by this agency priu> o,, “ r_,_ _ _aSSve) mus\ be a proved by this amendments of this -eas reguires prior approval of the Comnissioner. Note that you are required permitrrelatinrto^thirordinance to Mr^ertr^??«ar^S3lJ ;rdlr^^?l to Staff Hydrologist doe Richter and rely on him for assistance in administering your ordinance. 1 ordin .ance certification checklist P!fase sign and return the checkJist and aU required documents to the DOW arri hydrologist’s orfice when completed. I. •7 U. 5. 6. 7. 8. Date of published hearing nonce. Date of postmark of hearing notice to Commissioner of the Depanment of Natural Resources/area hydrologist. Date of heanng(s). Date of ordinance adoption. If ordinance is published in entirety, date and afndavit of newspaper publication of adopted ordinance. (Include 3 copies.) If only ordinance summary published, date and affidavit of newspaper publication of ordinance mle and summary along with certined copy of adopted ordinance in its entirety and zonmg map from Clerk/Auditor. (Include 3 copies.) Date of official filing of adopted ordinance with County Recorder i record book number ______page number). Board of Adjusnnent/Appeais has been established. •Note: Cities under charter must also submit a list of any additional requirements for hearings, notices etc. stated in their charter. Please speciiy: Signature ot Cenc'Auditor TO:Mayor Callahan and Orono Council Members Ron Moorse, City Administrator % FROM: DATE: Michae' P. Gaffron, Asst. Planning & Zoning Administrator % % July 20. 1993 SUBJECT: Stubbs Bay Sewer Connections - Group Setback Variances List of Exhibits A - Minnesota Department of Health (MDH) Letter 7/2/93 B - Staff Memo 7/16/92 In 1992 staff identified as many as twenty-four potential connections within the Stubbs Bay project which, due to existing site improvements and narrow lot widtns, would potentially not be able to meet the State 20’ well setback requirement. Our initial contact with MDH sucgested they would allow the City to apply for setback variances on behalf of the Stubbs Bay residents as a group, thereby reducing paperwork and eliminating the variance fee. In most of these two dozen cases, the need for a variance is caused by one of the following: A. Existing building sewer exits house less than 20’ from existing well. B. Location of well in front yard of narrow 50 ’ lot (and location of neighboring wells) makes it impossible to meet 20’ setback when piping from back yard septic location to sew'er connection in the street. In some cases, setback variances can be avoided by rerouting plumbing inside the house when feasible. For those connections which cannot meet the State requirements, staff would recommend that the City apply for a single "project variance" on behalf of the affected property owners, saving them the $50.00 application fee (Ihe City is exempt from this fee). This would involve the following steps: 1. Staff identifies which properties need variances. Staff provides a site plan for each property documenting existing conditions and whv the connection cannot meet codes (these site plans were completed last year). 3.Staff to draft a short form to be signed by each property owner authorizing City to act on his/her behalf. } / Memo-Stubbs Bay July 20, 1993 Pace 2 4. Staff will document project history and the basis for variance requests. 5.Staff will work with MDH legal staff regarding recording of the variance documents in the title of each property. While it can be argued that each individual propeny owner should have to deal with their own connection problems, staff feels this group variance approach will result in a lot fewer headaches for the affected residents, many of whom will be struggling to payoff the assessments as well as the connection costs. The City’s cost of doing the group variance is some stall time and possibly up to 520 per property for recording the variances, which might be charged back to the property ov ners if Council desires. Staff Recommendation Staff recommends that the Council authorize staff to make a single project variance application to the Mirmesota Department of Health for those Stubbs Bay project area properties which cannot feasibly connect to the sewer under health depanment setback requirements. Proposed motion: Moved by seconded bv . to authorize staff to make a single project variance application to the Minnesota Department of Health on behalf of the affected Stubbs Bay area residents. Vote: _____ayes. _____naves. Minnesota Department of Health Division of Environmental Health 925 Delaware Street Southeast P.O. Box 59040 Minneapolis. MN 55459-0040 (612) 627-5100 rjUC 6 July 2. 1993 Mr. Mike Gaffron City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 This is in regard to your telephone conversation with Mr. James Nye concerning granting a single project variance for the city of Orono municipal project at Stubbs Bay. The Minnesota Department of Health (MDH) will consider a single project variance if controls and responsibilities can be worked out to administer the variance. The MDH would suggest the following procedures to facilitate the project: 1.Recommend that the city incorporate an agreement in the variance request that authorizes the city to act on behalf of the property owner for the purposes of the variance. The agreement does not need to be elaborate, and should be as simple as possible. 2.The variance approval, if granted, should clearly identify the city of Orono as the entity responsible for insuring compliance with the conditions of the variance. 3.All relevant historical information related to this project should be incl-uded in the variance approval. This will document the conditions under which the variance was approved. A 4.In addition, the MDH legal staff suggests that we consider making the variance recordable with the property deed. Both the MDH and the city of Orono need to consider what might happen if a property sells between the time of the variance request and approval. We would be pleased to work with you on this matter. Please coordinate with Mr. Nye on this matter, or if you have any questions, please contact Mr. Nye at 612/627-5154. Sincerely, c / Daniel A. Wilson, Supervisor Well Management Unit DAW:JDN:mr ' ^ ^ .• •> ^ ^ • To: Ron Moorse, City Administrator John Gerhardson, Public Works Director Glenn Cook, City Engineer Harlan Olson, City Engineer, Lyle Oman, Building Official Bruce Vang, Building Inspector Prom: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date:July 16, 1992 Subject: Stubbs Bay Potential Hook-up Problems - Well Setbacks/Lot Line Encroachments List of Exhibits Exhibt A - List of Potential Problem Hook-ups by Address and Nature Exhibit B - Diagrams Of 125 existing residences expected to connect into the Stubbs Bays sewer, 24 (list attached) may have significant problems meeting well setbacks. The required setback between wells and air tested sewer lines and services is 20'. For non-air tested sewer lines, the well setback is 50'. I have been unable to find any lot line or house setback requirements for a building sewer either in the Zoning Code or the Plumbing Code. The Uniform Plumbing Code, which we have not adopted, indicates there is no lot line setback requirement other than being clear of the lot line. In some cases, there are properties in Stubbs Bay that might need to encroach on lit lines. Given the interesting letter faxed to us by Cindy Harrer, it would probably be prudent to review each individual situation and verify on site which connections absolutely cannot meet the well setback. We can then contact Dan Wilson at the Minnesota Health Department's Well Management Unit to take these as a group to the Health Department for possible variance review. I will set up a meeting with Harlan, John and Bruce to review these and initiate the variance process. • / J . LueVL. ^ \'^ LOT ^ r: -t. K__L.or ^!^^_VS_'^c ^ .__ ,.'^S'^'^Z-J&M/LP^^T^S^JeArT-/A/ G__-S._ A_____3^^ __________T._-^/^6vatV/0(G_A' / SSV^S.•I,ri_3 M-T3. m \ V • %I V —-----^ ■S'fbg^ MI/-MT' /aJ I yy i\ \ C^ ITr7..^fCc.,Uj}^_,j^(j^AJ(^ /V, Z\t:>^..,..C^4^rTi^. (3i? ^ 1jz>*__tt> UJc-n.f^ _'^...... .'^2^_. Ot^€^7y/5V>> - O^StjajG. .'^.2-Ci*jr^_W4fw_ vk_ yf -^xj>r~ .. _______^ .50'tor.u^eiL-C6^JT^^>Ci//vj /»i^cA;rrrJV^.-5lt^y4 „ 2-h'.r .... -^A ^t^...__...’' -C^_2fs:___': _-it^...i..|:75:____“. _#_2.^,si__.•;:.___________—_5^e<^ t^TS !^s. T^ t>^gxt — _(^/2£)^/iA*.tr‘7' TD ^ > UisGT''^nA/AJtSl_ ^;J<A^...sv'or___:'____r: _. ■'.....ri. * ^*^-7-■• •' ,:J^A sVCT____ .•i)^_AAy/r .5^__3%^ If If ____^if'^Tt.^^Ai_../V ‘^<^^.y. _->^A_ .iip. Ji^ -jit A ^ it t—— 4 — ^A^/C(y^^^TZ> _ U>T L //JeL.4.. r6TVvJT7<h.A£37“ L^AjS-o^r2i^ ^ t\ ^ Li vv ^_._v^ ^ |i u ~ M i«>y/.— • • TO: FROM: DATE: Mayor Callahan and Orono Council Members Ron Moorse, City Administrator \ Michael P. Gaffron, Asst. Planning & Zoning Administrator July 19, 1993 ^ % % % SUBJECT: Section 5.42/5.43 Amendment - As Approved 6/14/95 Attached is the final Joint Use/Business Use License Ordinance, mcoiporating the revisions as adopted on June 14th. No further action is required. The ordinance will take effect upon publication. ORDIN/VNCE #, 2ND SERIES an ordinance to amend the orono municipal code by revising SECTION 5.42 AND ADDING SECTION 5.43 RELATING TO BUSINESS AND JOINT USE OF LAKE FACIUTIES The City Council of Orono ordains as follows; SECTION 1. Section 5.42 is hereby amended as follows: SEC. 5.42. BUSINESS .>\ND- JOINT USE OF LAKE F.ACIUTIES. Subd. 1. Definitions. For the purpose of this Section, the following terms have the meanings given them: A. "Boat Slip, Water" means a strucmre. space, dock or other thing designed or used for the docking, mooring or stonng of a boat temporarily or permanently in or on water, including mooring posts, buoys or other devices. B. "Boat Slip. Land" means a structure, space or other thing designed or used for storing a boat temporarily or permanently on land adjacent to a lake, whether it is located on or off the licensed premises. C. -Business or D^xk ing. Mooring, or Storing Boats" meam: rennng or othersvisc providing space, including bt>at buoysr-tor docking, mooring or-storiiu thrc^ or more boats belonging to persons other than the owner or occupant of the propertyr ;Boat Mip. Permanent" means .a boat slip on land or water used for the storing of a given boat on a jongz term or vearlv basis. "Comme''oiaI—Boat—Dock Business-—means providing space for docldng. mooring or storing boats-foi a fee. or boats used in a trade or business. including7 without limitation, providing rented spaces, boat-luu... .pace for keepinr hnntn nwnH licensee and held for sale, display, rental, or otherwise used in connection with a boa: or marma business, and space held for docking of bouts ^luring or pending repairs or mamtet.Qnce-t>f^ai4 boat&T "Rnnf <^lip, Transient" means a boat slip on land or water used for thejemporarv storage of many different boats for shore periods ofjjUljL E "Commercial Docks^Reansdocks.-mtx>ring spaces, mooring postar n,P„in- buo- :r '..-'■'t- ..n^muLial b.iai Jnr|- by om.- in iht-busi.ww ..imctmL.. reh.-td to ihc main -mini Use' me.ns more than wo ad,acent,nc^ ................. of usinc inl.-othore nropenv for swimming, haihini!, fishms. use of a single dock. 2^ An association of riparian and/or non-riparian landowners within a subdivision adjacent to the lake sharing a dock or dock svstem provi ding permanent hnat slips for the members. 3^ In the RS zoning district onlv. a not-for-profi t organization nr association providing transient boat slips for stakeholders of a property used for dav use recreation or overnight camping purposes. fr------"Joint Use" means more than wo persons joining for the purpo se of using lalceohor e property for -swimming, bathing. ftshing. doc ldng or mooring boats, or fef any oth er purposer G-,------"Business-Use" means engag ing in the business of docking, moortn g or stofin e~bouts, or a comm ercial boat 'dock business. Subd. 2. License Required. It is unlawful for any person to engage or participate in business use-Of joint use without first having obtained an annual license therefor from the City. Subd. 3. Public Hearing. Upon filing of any application for license the Council may call a hearingMipon such notice as it may deem appropriate. Provided, that no sueh hearing shall be mantlatoiy'. but wholly within-the discretion of the Council Licen^ Annlication. Anv person or group of persons making application for a |oint use license shall ^ ■;n on forms provided hv the Citv and s^^a ’l provide such information as mav he deemed necessary hv the Council in order to act on such application. The fee for license ap 2l»£Mloils shall be set bv ordinance. Subd. 1._____Business Use-Stendards. All business use applications shall prov ide infotmuMon showing comp lionGe with the following standards:* ___Tlie proposed number of boat slips-on the land and on the water MHl boat buoys shall not aJ ' ^Troly nfflu H.l tiullii hm.th md infringe U. LUU.u.uiiallr .h,- n^hUi of oihorprop eny owncTo boats on or adjacent to the same ar eth- D Such rt»miintinn<; pertaining to lire op efc. **in of the applicant .hall bu incl which PIUI..UIL 0.. publir H.-nlQ.. .af tiy nnil Council =hi,ll hn mimtM of the page hia iOQ' of the condi iu of tho businesa by cIil appheam Subd 4 p..hlir Hoarine. "r"" "1^"° h. mnnda.nn, h„, whollv within thIdhrrr-lion of .he couned , except .hal a he-nn,; shall .be nf thp request of the apnlicant in cases of license revocation or deniaL standards: Subd. 5. Joint Use Standards. Joint uses shall adhere to the following Anv association of riparian and/or non-riparian landowners within a subdivision adjacent to the lake which initiates a new joint use shall adhere to LMCD regulations and no such use shall have mo re than o ne boat slip per 50 feet of shoreline .g.s hv a straight line between the points at wnich the side lot lines meet the Further, all snrh use shall adhere to the Shoreland Nfanagement Regulations of Section lU.So, B. Anv joint use in the RS zoning district bv a not-for-pro fit nV association Providing transient boat slips for stakeholders of a property used Hnv.nrp rprr.oation or ovemisht camping pumo ses shall be allowed o nly 'n coniuncnon wjL_a valid conditional use nernu' .'or said use issued bv the Cou .nciL Q Parking facilities not allowed. No joint use shall he approved u/hirh necessitaf>-s pro^sion of narking stalls or which creaiesjhe need for parking on any street right-of-wav. SECTION 2. Section 5.43 is hereby added as follows: SEC. 5.43. \rARINA BUSINESS LICENSE. Subd 1 . Definitions. F^r rh,- pnmose of this section, the terms "Boat SJj^ Water-. "Roat^^’T ^ Permanentand .".Boat Slip. Transient" shad have the ^.anina. given them in Section^2, The following terms have the meanings ^ven them: "Business Use" means engaging in either a marina business orjhg business of docking, mooring or storing boa t^ B "M.arina Business” means engaging in one or more of the pennittejL .-iccessorv or condiiionld usos allowed within the B-2 zoning distn^ r "Business nf Docking. Mooring or .Sfori nt^ Boats" means renting nr n,her^vise nrovidJnatpace. includingboMbupvs, for docking, mooring or storing one or mp licensed as a joint use. such information as mav he deemed necessary bv the Council in order to act on such application. The fee for license application shall be set hv ordinance. Suhd. 4. Puhlic Hearing. Upon filing of anv application for license, the Council mav call a hearing upon such notice as it mav deem appropriate. No such hearing shall be mandatory, but wholly within the discretion of the Council, except that a hearing shall be held at the request of the applicant in cases of license revocation or denial, Subd. 5. Business Use License St indards. Businesses required to be licensed under this section shall be subject to the requirements and performance standard*^^ of the B-2 Zoning District and per the following business use license standards: A. Insurance Required. Each business shall provide certification of liability insurance coveraae tor the duration of the license period. IT The primar\' business operator on the property shall he the licenseholder. and shall be responsible for notifying the Citv of anv and all businesses subleased on the premises. Such secondary businesses shall not he separately licensed hut shall be allowed only when in conformance with the provisions of the B-2 zoning district standards. C. Operation Standards. Each business licensee shall adhere to the following minimum operation standards: 1.Parking facilities t>n the site shall he managed so as to eliminate traffic or parking congestion, eliminate illegal on-street narking, and avoid pedestrian traffic tlirough neighboring property. Boat engiiie testing and charging shall he limited to the hours 8:00 a.m. to 6:00 p m. T Retail sales and service shall be limited to the ours 7:00 a m. to 10:00 p.m. except as necessary to accommodate nomial fishing activity or private use of premises stored boats. The site shall he kept neat and orderly, and free of garbage. y On land storage of boats shall be managed so as to eliminate anv view obstructions for traffic entering and leaving the site. ^ Parking and on-land storage of boats, trailers, materials and equipment shall he limited to those locations shown on an approved site operation plan, which plan shall be submitted or undated as part of toe annual license application. Such site_operatipn plan shall also indicate seasonally variable uses^ n 7. Liehts shall be shielded from the road, the lake, and adjacent pronerties Subd. 6.Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in anv zoning district other than B-2. except that when a business use is allowed bv ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. Subd. 7. License Revocation. Failure to adhere to the business use license Standards of Subd. 5 (A through C) shall be cause for license suspension or revocation per the provisions of this chapter. SECTION 3. Adoption and Publication. This ordinance shall be published in THE PIONEER and THE LAKER and shall become effective immediate’:/ upon publication. Adopted by the City Council of Orono on the I4th day of June. 1993 by a vote of 3 ayes. 1 nay and I abstention. ATTEST: Dorothy M. Hallin. Ci. Clerk Edward J. Callahan, Jr.. Mavor 1 / TO: FROM: DATE: SUBJECT: Mayor and City Council Ron Moorse, City Administrator July 23, 1993 Long Lake Fire Contract Update C , \ %*<P Councilmember Kelley and I have met with representatives Long Lake to discuss the proposed contract. The following is an outline of the major items discussed. 1. 2 . Contract duration and cancellation. The discussion regarding the duration of the contract was for this agreement to be a three year agreement. This is similar to past police service contracts between the two cities which have been three year agreements up until the 1990's. The three year agreement is to reflect the determination by both Orono and Long Lake that the proposed arrangement is acceptable from a longer term perspective than one year. If this is the case there should be no changes in the next three years that would be significant enough to change that determination in terms of the city's fire protection needs or in terms of the Long Lake fire department's ability to meet those needs. The City of I,erg Lake has proposed that they provide us with proposed budget numbers for the next three years that will give Orono some assurance regarding the level of costs for the service. If these costs increase beyond these budgeted amounts the increase would need to be approved by Orono. An additional benefit of the multi-year contract is it gives assuiance to both cities that this issue will be resolved for three years. Cost allocation formula. In discussing the addition of the fire fighter hours factor to the cost allocation formula, it was suggested that this factor be weighted less than the market value factor because the fixed costs of the fire department (i.e. the amount and type of equipment, training etc.) which are more related to the market value factor are a greater portion of the fire department cost than are the variable costs suen a fire fighter hours, fuel etc. Councilmember Kelley and I are reviewing this suggestion to determine the proper weight for the factors. Dissolution language. The discussion of the dissolution languaae resulted in agreement on two areas. 1. ) r.rcit city should have the first right of refusal prior to selling to any other party. 2. ) The value of the equipment should not be based on a depreciation schedule, instead it should be based on an agreed upon price or as determined by a bid process. It is th»=* intent of the representatives of the two cities that a final proposal regarding a fire contract will be ready for approval by both councilj at their first council meetings in August. 3 . TO: FROM: DATE: Ron Moorse, City Administrator John R. Gerhardson, Public Works Director July 22. 1993 SUBJECT: Stubbs Bav Sewer Connection Grant Program % \h <3^(5^ % % During the allocation of funds for the Community Development Block Grant (CDBG) program, it was determined by Council to designate $16,300 tor qualifying residents to connect to the sanitary sewer main. The questions asked by Council were: 1. Who would administer the program.^ 2. Would there be an established amount to pay toward the cost of the connection or would the entire amount be paid with CDBG funds? The answer to Question 1 is that Hennepin County and the City of Orono would administer the program. Hennepin County would verify income eligibility and the City would review and approve the lowest responsible bidder and perform the inspection. The answer to Question 2 is the City can set a maximum amount to help pay for connection instead of paying for the entire amount. An e.xample would be if the cost for a connection is $2,300. The city could set an amount not to e.xceed and the resident would pay the difference. In the response from Hennepin County (attached), they have also tequested that we respond to two concerns that they have: 1.Setting the income guidelines 50% ard or 80% of the median income (see attached sheet). They are suggesting a repayment program iluit requires repayment ot the full amount if conditions change w iihin a ten year period. That is being done now in the Housing Rehabilitation Program and they recommend having a repayment program. If u grant is approved, a claim is filed in the chain of title and if things change on the prop^.ty within the ten year period, the full amount ot the grant is paid back and placed in an ongoing project such as Housing Rehabilitation. • Memo - Stubbs Bay Sewer July 22, 1993 Page 2 After review, it is stafFs recommendation to set up the program in two phases. Phase I would allow qualified residents in the 50% median income bracket to apply for the first 90 days and if they qualified, would have the entire cost paid for with a repayment agreement. After 90 days if there were funds available, accept application for residents in the 80% median income bracket and set a maximum grant amount ot $1,500 toward the cost ot the connection with a repayment agreement. If there are more applicants tlian funds, we may want to consider allocating 1994 monies toward the same program. 7K HENNEPIN DATE; TO: FROM: April 7, 1993 John Gerhardson, Orono Larry Blackstad, Senior Plann SUBJECT: Office of Planning and Devel^prtenc SEUER CONNECTION ASSISTANCE GRANT PROGRAM Accompanying are Che current very low and low incoire guidelines by family size for the Metropolitan Area. My suggestion based on the assessment payment requirement.*- of the CDBG program are to provide 100% grants, with repayment liens, to very low income home owners. Given that home owners are being provided varying time limits within which to hook up, priority should be given to those required to complete the connections this summer, after the July 1 program start date. This may provide the city the opportunity to defer some households until the 1994 funds become available. Should funds remain available ray suggestion would be to provide assistance next on a sliding scale to the largest household with the lowest incomes. For example, a family of four with an income of $27 000 would receive the assistance grant, with lien, before a smaller family with an equal income. The $27,000 figure is based on the one person low income figure. In proposing this type of system the emphasis is to assist fara.lies who may not have much equity in their property to use as security for financing the connection. The details need to be completed hut hopefully the ioea is clear. .‘U ftPR 9 1SS3 •m V* ► STATE; MINNESOTA PREPARED: 12-23-92MSA: Duluth. MN-WI FY 1993 MEDIAN FAMILY INCOME: 35000MSAFV 1993 INCOME:Fargo-Moorhead, MEDIAN FAMILY 3B800 NO ■ MNMSA: MInnaapol1fl*St. Paul, FV 1993 MEDIAN FAMILY INCOME: 49600 ‘ MSA : Rochester, MM FY 1993 MEDIAN FAMILY INCOME: 49500 MSA : St. Cloud, MN FY 1993 MEDIAN FAMILY INCOME: 39400 COUNTY Aitkin County FY 1993 MEDIAN FAMILY INCOME: 24400 COUNTY Backer County FY 1993 MEDIAN FAMILY INCOME: 26600 COUNTY ; Beltrami County FV 1993 MEDIAN FAMILY INCOME: 26BOO COUNTY ; Big Stone County FY 1993 MEDIAN FAMILY INCOME: 27400 COUNTY : Blue Earth County FV 1993 MEDIAN FAMILY INCOME: 37300 COUNTY Brown County FV 1993 MEDIAN FAMILY INCOME: 35200 COUNTY ; Carlton County FY 1993 MEDIAN FAMILY INCOME: 34600 PROr.RAM 1 PERSON 2 PERSON 3 rv sorj COME 4 PERSON L I M I I 5 PERSON 5. . . . . .G PERSON 7 PERSON 8 PEPS0f7VERY LOW-INCOME LOW-INCOME 1225019G00 1400022400 15 750 25200 175002B000 1090030750 2030032500 2 1700 34700 23 100 36950VERY LOW-INCOME LOW-INCOME IlGOO 2 1750 15500 2 1850 1 jO r 7950 19100 3 1050 2095033000 2 2 500 3G000 7 4 050 30500 25600 *40950MN-WI VERY LOW-INCOME LOW-INCOME 17350 2 7 BOO 19050 31750 2 2300 3 5 700 24 000 39700 26000 42050 28750 46050 "40760 *9700 32750 6 2400 VERY LOW-INCOME LOW-INCOME 1G950 27 too 19150 3 1000 2 \ MOO 3 1050 2 12f)0 :.97oo 2r.150 4 1000 20050 4 4 900 30000 ^ROOO 3 I960 51 • 70 VERY LOW-INCOME LOW-INCOME 1 ^'^OO 22050 15750 25200 1 7750 20350 19700 3 1500 2 1 300 34050 22050 36550 24A60 ‘ 35«UO 26000 • 4IGOO VERY LOW-INCOME LOW-INCOME 1 1G00 10550 11250 2 1200 14 900 23050 1G550 2G500 1 7050 20600 19200 30700 20600 32B50 21050 34950 VERY LOW-INCOME LOW-INCOME 1 1600 10550 13250 2 1200 14 900 23050 1G550 26500 17050 20600 19200 30700 20500 32050 21050 34950 VERY LOW-INCOME LOW-INCOME 1 1600 18550 112:)0 2 12CK) 14 900 23050 •G550 26500 17050 20 GOO 19700 30700 20600 32050 2 1050 34950 VERY LOW-INCOME LOW-INCOME y VERY LOW-INCOME LOW-INCOME 1 1C00 10550 13250 2 1200 14 900 23050 1G550 26500 17050 20600 19200 30700 20600 32050 21050 34950 13050 20900 14 900 23050 16000 2GH5 3 18650 29R50 20150 32250 21650 34600 # 33150 37000 24600 39400 VERY LOW-INCOME LOW-INCOME 12300 19700 14 100 22550 15050 25350 1 7600 20 150 19000 30400 20400 32650 2 1800 34 900 23250 37150 VERY LOW-INCOME LOW-INCOME 12 100 19400 1305C 2^? 150 15550 2 4 900 17 300 27700 10 700 29900 20050 32 100 2 1450 34 300 22050 36550 • » HENNEPIN OFFICE OF PLANNING & DEVELOPMEN Development Planning Unit 822 South Third Street, Suite 310 Minneapolis, MN 55415 (612) 348-6418 FAX (612) 348-6057 J'JL 2 0 1993 July 19, 1993 John R. Gerhardson Public Works Director City of Orono Post Office Box 66 Crystal Bay, Minnesota Dea*. Mr. Gerhardson: 55323-0066 This is in follow-up to our telephone conversation of July 8 and your earlier letter regarding the City of Orono's seeking the assistance of Che Hennepin County Office of Planning and Development (OPD) to administer Che sanitary sewer connection project in Stubbs Bay. As we discussed, this project Involves connecting residential property in the Stubbs Bay sewer area to the sanitary sewer. For those households meeting the definition of low and moder.ite income (LMI) households; Community Develop­ ment Block Grant (CDBG) funds will be used to pay the connection charges. The City of Orono wishes to have this Office make the determination of household eligibility in a manner similar to chat we have used to administer the housing rehabilitation program that has been ongoing for several years. In this respect, the Development Planning Unit will be responsible for determining if the subject single family, owner-occupied residences are occupied by qualified LMI households and conduct a title search to verify eligibility for CDBG financial assistance. We will provide you with the results of our determination. Overall, project design, engineering, and construction management will remain the responsibility of the City of Orono. In exchange for our technical assistance, the City of Orono agrees Co pay an administrative fee of $1,000. Two items, however, remain Co be determined by the City: 1) Currently, the CDBG assisted housing rehabilitation program in the City of Orono is administered by Hennepin County. Income eligibility for the program is based upon the household's income being at or below 50% of median income for the metro area. Federal regulations, however, allow the use of CDBG funds based on a household Income ip to 80% of median. The city must determine which criterion will apply in the case of the sanitary sewer project. 1) Also, it has been past practice to file a llen/repayraent agreement against the property title such that if the property is sold, title HENNEPIN COUNTY an equal oppoftunity employer transferred, or the home ceases to be the principal residence of the borrower during the ten period following approval of the loan; the entire amount borrowed must be repaid to the CDBG program. The city should decide whether this practice will apply to this project as well. Alternatively, the city may elect to offer the CDBG funds as a grant to the homeowner without filing a repayment agreement. Of course, the homeowner then would be able to sell the property almost immediately and be able to capture the increased value of the property as a result of connecting to the sewer system without any financial obligation to the city. Please let us know the outcome of City discussions regarding the above. If you have any questions or ccaments relative to this matter, please contact either Rod Waara or myself at 3^8-6418. Sincerely, ^-3 Douglas A. Benson, AICP Planning Supervisor Development Planning Unit rw" TO:Ron Moorse, City Administrator % \ I / 6, FROM:John R. Gerhardson, Public Works Director Viu 2^ ^ DATE July 20. 1993 % SUBJECT: Assessment Deferral - Smbbs Bay Sewer Recently we received an application for an assessment deferral from the resident at 290 Crestview in the Stubbs Bay sewer project area. The reason this application is being presented now is because the resident was not aware of the timing or the procedures for filing for a determent. The applicant meets the qualifications and therefore I recommend approval 1. A RESOLUTION APPROVING A SPECIAL ASSESSMENT DEFERMENT FOR PATTY LOU CLAPP WHEREAS, the City Council has ordered a local improvement project known as Stubbs Bay 1992 Sanitary Sewer Improvement for which special assessments have been levied against the benefitted properties; and W WHEREAS, the City Council has adopted Resolution No. 1093, Resolution No. 1779, Resolution No. 2864 and Resolution No. 3175 establishing a policy and procedure for deferring such special assessments for persons 65 years of age or older who have limited income and assets and for whom payment of such special assessment would constitute a tmancial hardship; and WHEREAS, Patty Lou Clapp has made an application for defermt.u ot the above noted special assessment pursuant to the provisions of Resolution No. 3175. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby finds that the applicant has demonstrated a hardship consistent with the provisions of Resolution No. 3175, and hereby orders deferral of the payment tor the levied special assessments as follows; APPLICANT:Patty Lou Clapp ADDRESS:290 Crestview Avenue l.RVY NO. PROPERTY I.D. NUMBER LEVIED AMOUNJ 05-117-23 14 0018 $8,340.0012554 AMOUNT DEFERRED S8.840.00 Deferral of payment for principal and interest shall be for a period of time not to exceed five (5) years with the first pavment of principal and interest due in collection year 1998. Interest at the rate of 6.5% per annum shall be added to the deferred assessment. Deferred prineipal and interest shall be payable at the time of the first payment due m collectton year 1998. The remainder of the principal and interest shall thereafter be payable tn accordance with the adopted assessment roll. Page 1 of 2 This right of deferment is automatically terminated in collection year 1998 or upon the occurrence of any one or more of the following conditions, whichever may occur first. 1. 'Fhe owner dies and the spouse is not otherwise eligible. 2. The property or any pan thereof is sold, transferred, or subdivided; 3. The propeny should lose its homestead status; or 4. If for any reason the City determines that there would be no hardship to require immediate or partial payment. Adopted by the City Council of the City of Orono, Minnesota on this 26th day of Julv, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor STATE OF MINNESOTA ) ) sr. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of July, 1993 by L .aiJ J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono,* a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 TO: FROM: datb :: Ron Moorse, City Administrator John R. Gerhardson, Public Works Director July 20. 1993 SUBJECT: Resolution No Parking Portions of North Arm Drive yr % Recently the City has received complaints about road side parking on North Arm Drive by the Lakeview Golf Course. I have discussed this matter with the owner of Lakeview Golf Course and we both agree that portion of North Arm Drive should be posted no parking any time. Therefore, I have prepared a resolution for Council approval and action. A RESOLUTION RESTRICTLNG PARKING ON PORTIONS OE NORTH ARM DRIVE WHEREAS, the City of Orono is a municipal organization existing under the laws of the State of Minnesota; and WHEREAS, the City of Orono owns and maintains that part of North Arm Drive by the Lakeview Golf Course; and WHEREAS, on certain days vehicles are parked on the shoulder and roadway of North Arm Drive causing a potential safety hazard due to the road being narrow, on a hill and curve in that area; and WHEREAS, the City of Orono and the owner of the Lakeview Golf Course agree that critical areas on North Arm Drive near the golf course should be posted no parking any time. NOW, THEREFORE BE IT RESOLVED that the Orono Council does hereby authorize and direct the Orono Public Works Department to po^t no parking any time beginning 660 ’ east of County Road 19 and continuing east and southeast on North Arm Drive tor a distance of 1,500 ’. Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held this 26th day of July, 1993. ATTEST: Dorothy M. Hall in. City Clerk Edward J. Callahan, Jr.. Mayor Page 1 of 2 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged bttore me on this 26th day of July 1993. by Edward J Callahan. Jr. & Dorothy M. Hallin. Mayor & City Clerk of the City of Orono. a Minnesota municipal corj;oration and said instrument was executed on behalt ot the City. Notary Public Page 2 of 2 ■ii#. / '> TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator July 23, 1993 SUBJECT: Sewer and Water Rate Study Sewer Rates \ ^ 'S' ^ % V :sewer Kaces Sewer rates have not kept up with expenditure increas^^ (mainly MWCC rates) for several years. Until 1992 interest earnings enabled the sewer utility to operate without a loss. In 1992 the com±)ination of increased MWCC rates, reduced interest earnings, and a substantial unplanned sewer repair project caused the sewer fund to operate at a deficit. The major cause of the increase in expenditures is MWCC charges. These charges have increased from $139,487 in 1991, to $191,481 in 1992, to $259,548 in 1993. In addition tc the normal MWCC gallonage rate increases of approximately 5% per year, the overall MWCC cost increase is due to two major items. 1. An increase in flows as we have moved from a dry period to a wet period beginning in 1990. 2. The impact of the wet years was delayed and then magnified because of the MWCC's two year delay in reflecting the actual flows. This delay results in credits when estimated flows are higher than the actual flows, and results in debits when the estimated flows are lower than the actual flows. As we entered into 1990 we were receiving large credits from '88 and 89 due to the actual flows being significantly less than the estimates. As the actual flows increased, their impact on rates was tempered by these large credits; until- 1992 when the credits ran out and the full impact of increased flows was felt. The MWCC charges increased from $131,487 in 1991 to $195,492 in 1992. As we moved into 1991 and 1992, the MWCC flow estimates did not keep up with the increase in flows, which caused actual flows to be higher than estimated flows for these years. The result is that in 1993 the City will experience a double impact of the flow increase and a debit amount of $41,000. This will cause a further increase in charges from $195,000 to $259,000. This is a two year increase of $128,000 or *^8%. These MWCC charges will continue at this level through at least 1996 and possibly beyond if precipitation remains at its high level. In order to generate sufficient revenue to pay these higher MWCC charges, and also to fund depreciation to build up a fund for future system replacement, nd to continue a program of upgrading the city's sewer lift stations; we need to determine ways to increase revenues and reduce other expenses to match the level of expenditures with the level of revenues. Options for dealing with this gap between revenues and expenditures are as follows: 1. Explore ways to reduce expenditures. a. Increase our efforts to reduce the amount of Infiltration and Inflow into the system, which is clearly the cause of the major increase in MWCC charges in wet periods. 1. ) Increase efforts at sealing manholes and televising sewer lines to find and repair leaks. 2. ) Adopt a sump pump inspection ordinance to eliminate the sump pump connections to the sewer system. b. Explore ways to reduce the cost of the sewer maintenance operation. This will'be difficult because the amount of sewer lines and lift stations continues to increase, which increases the work load of the maintenance staff and other expenses related to maintaining the system. c. A significant non-operating expense is interest expense on the 1989 revenue bonds. This expense will continue until the year 2002 when these are retired. 2. Increase revenue. a. Increase sewer rates. The sewer rates have not been increased since 1906. The Council needs to look closely at beginning a program of increasing sewer rates each year so that we do not fall behind the level of expenditures and so that large fee increases ax'e not needed in any one year. b. Promote quality development on the north side of Highway 12 to generate connection fee revenue to fund the sewer project debt service, and sewer fee revenue to fund the sewer operations. Water The water operating revenue generally matchf.s the actual operating expenses less depreciation. The depreciation amount has increased as the ca v has added the water facilities north of Highway 12 including tne water main, the well, the pumping station and the water tower. These new facilities have not been accompanied by a significant increase in water users. It will be difficult to fund depreciation un'-.il significant development occurs north of Highway 12. The other significant expense is a non-operating expense. This is interest expense on the 1989 revenue bonds. This expense will continue until these bonds are retired. In the interim, operating expenses need to be closely managed, and the Council needs to look closely at beginning a regular program of annual water rate increases. Staff has begun the process of reviewing sewer and water rates, and will provide additional information at upcoming Council meetings. TO: FROM: DATE: SUBJECT: Mayor and City Council Run Moorse, City Administrator July 23, 1993 Old Crystal Bay Road Bike/Hike Trail //h % ■' \ v>. tha joint work session with tne Park Commission regarding the bike/hike trail on Old Crystal Bay Road the City Council identified three issues to be addressed. 1. Landscaping 2. The agreement with Hennepin Parks 3. The cost of the project Landscaping . _ , Staff believes the landscaping plan developed by Hennepin Parks pj-Qvides very good screening for the residents and will result in a landscape screen that is significantly superior to what is currently existing. Staff is in the process of contacting those residents who have expressed concerns about landscaping and scjf00ning to review the Hennepin Parks* plan with them. ^ Staff will pj^ovide a report on these meetings at the Council meeting. Agreement • u The agreement with Hennepin Parks is acceptable to staff with two exceptions. 1. The termination paragraph requires the City to return the full amount paid by Hennepin Parks if the City terminates their rights to use the trail. This amount includes $40,000 for extending the trail within Baker Park. Staff recommends that this $40,000 be eliminated from the amount the City would have to repay. 2 Trail Uses. Henneoin Parks has indicated they want ultimate control over the types of pedestrian uses allowed on the trail in order to keep it consistent with the remainder of the Regional Park system. Staff recommends that language be added to the agreement that sets out a formalized process for resolving concerns of the City related to uses cn the trail. This process would include direct access to the Park Board for resolution of the concern. Doug Bryant the Hennepin Parks Superintendent nas indicated he does not have a problem including these language changes in the agreement. The~cost of the proposed trail is significantly greater than one would generally expert for a trail of this type. The reason the high cost is the need to fill in the ditch along the roadway in order to provide space for the path. This requires the installation of storm sewer and curb and gutter along the roadway. Because of the high cost it is only feasible for the city of accomplish the project with the financial assistance of Hennepin Parks. The cooperative arrangement with Hennepin Parks not only provides for sharing of the costs but it avoids duplication of effort in terms of each jurisdiction constructing its own trail. Costs Construction Contract Construction Contingency (3%) Landscaping $513,121.00 $ 15,394.00 $ 15,000.00 Sub total - Construction $543,515.00 Engineering $135,700.00 Total Project Cost $679,215.00 Henneoin Parks Share $339,607.50 City Share $339,607.50 The alternative to building a separated trail on Old Crystal Bay Road at this time is to wait to develop the city's bike/hike trail system as opoortunities arise to build it most cost effectively. Although this would cause a major delay in constructing a separated trail on Old Crystal Bay Road, there are near-term opportunities for construction of a separated trail on County Road 6 between Old Crystal Bay Road and Willow and on Willow between County Road 6 and Highway 12. The decision about whether to buila the more e.xpensive trail along Old Crystal Bay Road is related to whether a walking path on Old (^^ystal Bay Road is a high need and high priority item the city The reason this should be evaluated as a walking trail is that a walking trail needs to be separated from the roadway while a bike trail can be provided by simply paving the shoulder of the roadway If the Council believes the need for a walking path is such that a path will be constructed on Old Crystal Bay Road within the foreseeable future even if that may be 5 to 10 years down the road it makes sense to develop a joint trail with Hennepin Parks now in order to share the costs and avoid the construction of a duplicate trail. Starkey Road. Although when driving along Starkey Road it appears the pathway is planned to use Starkey Road as a connection to Baker Park, the bike path will actually connect to the Baker Park trail at a different point. Starkey Road is not a part of this project and is not a part of the route between the Luce Line and the Baker Park trail. 1 %#I L .♦ TO: FROM: DATE: Ron Moorse, City Administrator y John R. Gerhardson, Public Works Director July 21, 1993 \ % SUBJECT: Orono Playground Equipment Funding Participation Recently the Orono Parks Commission received a request to participate in the funding of the Orono School playground equipment project. The request from the Playground Equipment Committee is $10,000 from the City of Orono. After review of the matter at the June and July Park Commission meetings, the Park Commission recommended that the Orono Council support the project and to donate $5,000 toward the project. Attached are draft minutes of tiie July Park Commission meeting and a memo outlining the policy issues related to the request. Eva Hoerr will also be in attendance to e.xplain the project to the Council. DRAFT MINUTES OF THE PARK COMMISSION MEETING OF JULY 6, 1993 ATTENDANCE The Pir-K Commission met’ on the aocve date with th- following members oresent: Dick Flint. Susan Wilson, Robert Howells and Jim White. Sherokee Use. Li I i McMi Man. and Alex Vongries were aosent. John Gerhardson. Public Works Director and Teri Naab, Recorder reoresented City staff. Chair FIint cal led the meeting to order at 7:30 p.m. (i»1) APPROVAL OF MINUTES Chair Flint reouest charges on Page 3 and Page a. Itwasmovec by Howells, seconded by Wilson, to aocrove the minutes of the June 22. 1993 Park Commission meeting as amended. Ayes -. nays 0. (»2) SCHOOL PLAYGROUND FUNDING th an uDdate on the fundEva Hoer oresented the Commission wi t < raising orogress and samcies or the wood to oe used or ...e ecu Icmen t . White asKed how the scnool can aonate S50.000 witnout going th-cugn the comoetitive bidding process. Hoer exDla.neo the School Board has elected to provide $25,000 for »ach Diavqround thereby eliminating the need .or bidding. She not2d"she"is a representative of the Ad Hoc Comm, ttee of the PTO. She noted in discussions with both principals ° schools, they ihdicated they would not be ooposed to othei- e !sVh9 the eouipment both curing school hours scnool is W.lling to assume the liability. She stated the City of l?ymoith has a policy to conate $.0,000 to each constructed. She added, tne area within J ® '^oo I age waycata School District Is primarily junior high sonooi Chi Idren. Chair Slirt noted that McMillan has suggested that any money allocated from the Park Comm, .-sicn be designate . "(.^^^^aries of eduipment at Schumann Scnool as lu lies ^ Orono and could be considered a City playground. Hoer noted that Maple Plain has designated their donation for Primary School for the same reasons. Gerhardson suggested that any ^ t^ure°" of Parkcontingent ubon it being an allowaole ex.enaiture Dedication Funds. minutes of the park commission meeting of JULY 6, 1993 SCHOOL PLAYGROUND FUNDING - CONT. appropriate to do so at this playground. felt since it >*as Park, it is also Wilson felt they should support the project to some degree, &ul cins?Serfng theYr limited funds, suggested a smaller amount such as 5-t.OOO to $5,000. White suggested they recommenc a level of funding from the Park 0eciC3tion runc to match60 with Ci*./ ijncs. Chair Flint cautioned tnat the Council feels it .naporopr.ate for the Commission to recommend expenditure of City funds. White noted they can be guaranteed that Crono children will be using the eouioment. Chair Flint asked if tne CDBG funds could be used. G.rnardscn sa.a to Change tne use of the funds approved they would need to go through the puDlic hearing process again. Hoer stated tha Commission can be rested assured that ahe -ill ?^g“I?dY:ss'Yf ^^raYiunT YecorenYeYYyYhe ^PaY.YoYm' Howells asked what they will do i f Mound SchooI District approaches them with a similar request. Chair Flint noted that school district does not have a playground within the City limits. ' rli!r donation of $5,000 from the Park Dedication Fund playground equipment at the Schumann school. Ayes -i, nays u. solicit residential input for future park projects.i DRAFT MINUTES OF THE PARK COMMISSION MEETING OF JULY 6, 1993 (#3) SUBDIVISION REVIEW SUESS Gerhardson reviewed the location of the 20+ acre parcel to be(jernarcson r ev i — - . . . . divided into 8 lots. He suggested they consider tne acquisition o. a trail easement along Watertown Road. He added they will only ge^ dedication fo- the portion of the property not involved in tne previous subdivision. .Chair Flint 'noted the right-of-way along Watertown Road is 66’ wide. Qsrnaroson concurred ar.a dccea tnere is s '.O' uiility easement outsice tna: rignt-of-way wnicn currently has pcwer poles on i. on tne north side of the road. Wilson stated she is not convinced a trail would ever be needed along the road and felt a wide shoulder would be adequate. Chair Flint felt that Watertown Road could become a major thoroughfare in the future. Cernardson noted a trail is not cesicratec m the park plan for along Watertown Road. It was moved by Howells, seconded by Wilson, to request a park dedication fee in lieu of land for the Suess subdivision. Aye^ a, nays 0. (#4) BIKE/HIKE TRAIL PROGRESS REPORT Chair FI int announced there will be a work session wi th on Wednesday. July 21. 1993 at 7:45 a.m. at wnich Commission will asked the Council to define criteria wier-.ie4 It is hoped by that meeting White will have had a cnance tO <^'scuss the agreement with Hennepin Parks, and Hennepin Parks wi submitted a landscape plan to the City. (45) BALL DIAMOND UPDATE SCHOOL PROPERTY Gerhardson referred to a site plan included in the packet and one to two ball fields are feasible in the review the Park Commission last recommended that staff continue to r the site for a ball field. Cha.r Flint cuestloned the status of the Ball Field Committee with regard to the Maple Plain site. Gerhardson said he was unaware of the progress. M>:NUTES of the park commission meeting of JULY 6, 1993 BALL DIAMOND UPDATE - CONT. It was moved by White, seconded by Wilson, to table action on this issue until a reoort is made to tne Commission by tne Sail r •i a Committee. Ayes a, nays 0. (»6) GOLF OUTING Chair Flint announced a golf outing is scheduled for July 1a. i993 at 5:00 o.m. at the Orono Golf Course with dinner to follow at 3illy’s Lignt House at 7:30 o.m. Wilson asked staff to orovide tne Commission with tne golf course financial information. (»7) COUNTY ROAD 6 - HENNEPIN COUNTY ROAD UPGRADE Gerhardson recorted the County has included an uograde to Coun.y Road 6 south of Highway 12 to induce caving of snoulders. overlay of read, re-estad i shmen t of the ditches, anc a wicer rignt-or- way. In seme areas an uroan cesign ma> be usee to lessen tne Imoac:. Chair Flint noted tne City has planned for a bike trail all along County Road 6. but aeded he does not want this to be an alternate for the Old Crystal Bay Road trail. A trail in this area would be of less value to Orono residents and children. White asked about the cost to the City. Gerhardson said the County proposes to use ISTEA funds available. It was moved by wmte, seconded by Wilson, to direct staff to notify the County of the City’s interest in a trail along this section of County Road 6 to be included as part of the overall trail plan, but not as a substitute for the Old Crystal Bay Roaa trail proposed. Ayes 4, nays 0. Wilson felt a wider shoulder in this area would be adequate for bike use and stressed she does not want separate trails throughou^ the entire City. LETTER TO RESIDENTS FROM DICK FLINT Chair Flint noted City Administrator Moorse is holding the letter to residents along the proposed bike trail pending the joint meeting with Council. ►DRAFT MINUTES OF THE PARK COMMISSION MEETING OF JULY 6, 1993 OTHER Chair FIint sug9ssted they consider the process tor planning of tne Crystf Bay site. Wilson noted she met with Bradley and Gerhardson and made a general proposal. She said they felt citizen input was imoor*.ant. Chair.Fiint notec the Historical Society has indicated a desire to move tne Council Champers to the orasent facilities site to be used for historical purposes. He suggestec this issue Pe PUt on ..ne nex. .. • cagenca anc tne Ccmmissicn be sent all informaticn regarpinc Crystal Bay site gatherec to date. Gernardson noted there has been an interest expressed on the part of the Fire Department to burn the buildings on the Crystal Bay site as a training procedure. Chair Flint asked if oeoole are allowed to use the French Creek Park yet. Gernarcson noted tne o I anti no? have not peer, completed to cate. Wilson reported Council has agreed to accept Lowry Woods. Howe I Is suggested they purchase a sign for the property, and noted he would like to see a parking area developed immediately. Chair Flint noted the Commission has developed a standard sign to be placed in City parks. Gernardsot'i noted that a sign of this type could cost uo ^o 5<C0 wnich will be paid for from Park Dedication Funds. Wilson felt tney should reduce the size of the sign in order to save money. White said they should Pe considering revenue ennancements to nelo pay for park maintenance and capital improvements. Gernardson noted he will add this item to the next agenda. ADJOURNMENT It was moved by wiIson, seconded by Howe I Is, to adjourn the meeting of the Park Commission at 9:23 p.m. TO:Dick Flint, Park Ccrr.mission Chair FROM:Ron Moorse, City Administrator DATE:June 18, 1993 SUBJECT:Request for City Funding School Playground Upgrade of the Schumann Elementary The July Park Commission agenda representative of a parents group who will ‘school. fund'^ncj fo^ olavcrcund ecuicmenc ac wCnumann r-1 » • *- The following ts^a discos'siin of issues to be cor.siaerea concerning the recuest. background 1.C'rv's Role in Parks and Recreation. -ed ■"' T-" O^^'renis oVf cSins'and Bak;;-?ar;<), the CNR (Luce Lire Trail) the Sc’-^ool D’st'*ict (Community Education-Summer ActivUy P;o;r;onir.g) , private athletic aescciations (OBA et'^ ) a.nd Lake Minnetcn.o to meet the neecs or Ci y resiLrts for park and recreation facrlrtres and oroorams. a.The current oarks facility priority, based on a recent citizen sur'/ey, is the development of a bike/hike trail system. 2.Cooperation/Coordinaticn between the City and the School District Tho cnty current coordination between the City and School District in terms of parks a.nd recreation is the Summer vouth Recreation Program. This program is provided y the Verfhlvt bee/^leieral discussions berwaen Che Cicy and Che School piscricc regarding the development of youth basecall fielas on the Schcol District property. —at^ve levels of oarticioation for the City ircer^rof co-;tLac -i-'’ -.e Schcol Discnicc . , Dar-ricinate with the Sc.hool District in identifying recreational -eeds of the community and methods or meeting those needs. j Request for City Funding or School Playground Ucgrace June 18, 1993 the Schumann Elementary page 3 1.) In order for a each Che effort needs to i-volve each has has ider.titred as a prro---/ S be siraoly an interest in provid-n^. ^eher in funding aone jurisdiction assisting c.._ otn- program or facility. ■<^rhumann ?]avcrour.d ?ro~’ec.>a.<?(-humanrt --- - - - , There are several confederations =?-„-Sakd oroviding assistance in -i- - -9 mmecuiprnenc. 1. •jM • 3 . it been icentitiec as a p--ci^ /1C. -- - - - - - - ^ of-on c- t‘'<= Schumann Elementary Sc.noo- Will the e.-cpansion the need ^-O- playground _ ^^sist^ ^ ; neichborr-occ/c^mraLU^--/ ^ - a. , *! as 3> ccHirmini.ty Will Che 'jpsraceo pla/g-o^^-o j^-e,eher words, will or neighoorhooc n'umi=ec of Orono cicitens 13 providing ®fy eSa^^^ eh”’® Clcy^s Se!ghborh®oo"/'=*o-unity playground facilities. ; i TO: PROM: DATE: SUBJECT: Mayor and City Council Ron Moorse, City Administrator July 22, 1993 -s % "V A 'f? %Council Participation In Long Lake's Corn Days^i^rade The City has rf.ceived an invitation to participate in the City of Long Lake's Corn Days parade. The parade will be held on Sunday, August 15. If Councilmembers decide to participate in the parade we need to determine how many units or vehicles we need to accommodate those who wish to p,articipate. TO: FROM: Ron Moorse, City Administrator John R. Gerhardson, Public Works Director V ' DATE:July 21, 1993 SUBJECT: County Road 6 Upgrade *o Recently the City of Orono received notice from Hennepin County that they are planning to upgrade County Road 6 from State Highway 12 southerly and westerly to County Road 90 in Independence. Ron Moorse and I have met with the staff at Hennepin County to review the plan. It is Hennepin County ’s intent to a.:quire right-of-way in 1994 with construction in 1995. Because Hennepin County is applying for funding for this project, they will also consider constructing a bike/hike trail on that part of County Road 6 from Highway 12 to McCuIley Road. Attached for review is correspondence from Hennepin County regarding the improvement. This item was reviewed by the Park Commission at their July meeting. Attached are the draft minutes of July Park Commission meeting stating their comments on the matter. It is recommended that Council appoint one or two members of the Council to work with City and County staff to review the concept of the project as we did on County Road 15. ch 1 f HENNEPIN DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South , - Flopkins, Minnesota 55343-0^68 PHONE; (612)930-2500 ‘Jlu- FAX (612)930-2513 TDD: (612)930-2696 June- 23, 1993 —' C Mr. John Gerhardson Director of Public Works City of Orono 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 RE: ISTEA Application for STP Funds For CSAH 6/8941 Dear Mr. Gerhardson: We would very much appreciate your support for our application for the above project so that we may have the opportunity to obtain 80% federal funding for the project. Enclosed is a generic letter for your possible use in support of the application we are making for STP funds. In determining the ranking of the project, two of the items we need to address are: first, consistency with the City’s Comprehensive Plan, and secondly letters indicting at least general support for the project. The specific criteria in the application to which we are responding are: Consistency With Local Plans • • “Consistency with the local or county comprehensive plan. Implements a solution or addresses a problem identified in the plan. (Reference appropriate report and page numbers and provide copies.) Maturity of Project Conceot/Coordination “Extent to which agreement has been reached among all agencies and units of government affected by the proposed project and/or which have approval authority of project plans or mitigation of project impacts. We would appreciate your assistance in identifying the pertinent portion of your Comprehensive Plan (and any other document - e.g. CIP) that indicates consistency between the plan and the project. Please also provide a copy of the pertinent section of the plan. Your letter of support, using the enclosed generic letter as a starting point, is also vital to being able to leverage County and local funds with 80% federal funds. HENNEPIN COUNTY an equal opporfunify employer June 23, 1993 Page 2 Since we are working on ten applications due July 9th, and we have a holiday before then, we would like to receive your response by July 1, 1993. Please call me at 930-2674 if you have any questions. Sincerely, Warren K. Porter, P.E. Senior Professional Engineer WKP:gk Enclosure cc: Tom Johnson if (D U 3 O MINUTES OF THE PARK COMMISSION MEETING OF JULY 6, 1993 BALL DIAMOND UPDATE - CONT. It was moved by White, seconded by Wilson, to table I^ issue until a reoort is made to the Commission by the Ball neld Committee. Ayes a, nays 0. (#6) GOLF OUTING Cnair Flint announced a go If outing is scheduled for July 14 1993 at 5:00 p.m. at the Orono Golf Course with dinner .o follow a. 3illy’s Light House 7:30 o.nn. Wilson asked staff to prov.de the Commission with the golf course financial information. (#7) COUNTY ROAD 6 - HENNEPIN COUNTY ROAD UPGRADE Gerhardson reported the County has included an upgrade to County Road 6 south of Highway 12 to include paving of ^ of road, re-establishment of the ^ ^ = ^ way. In some areas an urpan design may be used wO I-sse . . - imcac t. fo^the otd Crystal Bay Road trail. A trail in this area would be of less value to Orono residents and chiIdren. White asked about the cost to the City. Gerhardson said the County proposes to use ISTEA funds available. trail proposed. Ayes A, nays 0. Wilson felt a wider shoulder in this area onou t bike use and stressed she does not want seoaraie , the entire City. LETTER TO RESIDENTS FROM DICK FLINT Chair Flint noted City Admi n i strator Moorse is th^e to residents along the proposed bike trail pending J meeting with Council. -- - - - - TO:Mayor and City Council FROM:Ron Moorse, City Administrator July 23, 1993 SUBJECT: Sewer Plant Property Sale DATE: \ 6' \ 5$^ % *oIn response to an ad placed in the Minneapolis Star Triune on Saturday, July 17 and Sunday, July 18 and letters sent to property owners adjacent to the sewer plant property the City received two bids for the purchase of the property. The advertisement indicated bids would be accepted until 4:00 p.m. on Thursday, July 22. One of tb: bids was submitted at several minutes past 4:00 p.m. The first bidder has disputed the acceptability of the bid received after the 4:00 p.ri. submission time. The City Attorney has indicated there is no legal requirement for us to reject the second bid. It is staff's recommendation that the second bid be accepted. If Che Council determines the second bid should be accepted there are a number of options as to how to proceed with determining which offer to accept. These range from simply accepting the highest bid to allowing additional negotiation by both parties in terms of their offers. ,1 / J m $ LIST CF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF JULY 26, 1993 ' Vi Firearni Use Permit - Park Gun Club 3660 Sixth Avenue North % 'S* V '*hHennepin Parks Shot gun deer hunt at Baker Park Reserve November 27 and 28, 1993 Scecial Event'- Fishing Tournament Bell Industries Based at Power Squadron Facility - Big Island August 25, 1993 9:00 a.m. - 3:00 p.m. » I M r W w I % 3UU 1 5;APPLICATION FOR FIREARM USE PERMIT CITY OF ORONO 4886.1(34) rc WA'* UMuitU 1Park Sportsmens Club, Inc, rv^r *• •llnHlM M vriirt LONG LAKE, MINNESOTA TELEHiQIE SCHEIXJLE FOR SiOOTIKG SU1JDA2S: JAIRJAHT FESRUARY • MARCH APRIL 473-9163 SUNDAYS a :iD lilACUES 10 7 7 4 17 U 14 11 24 21 21 31 28 28 i:-:acves SEP73-GER special SUNDAY aiOOTS: 6 « a « « R « » K-«5. t s: u - - a i: «-& a a SFRItlG SHOOT V.C.B.HEART SiOOT ^GRCHANDISE SiOOT RUBY RETIREJETIT SHOOT THANKSGIVniG SHOOT CKEISn-IAS SiOOT *««««««««««»»« ft a »«•«-» JIJL 1 5 1993 ••TUESDAY ’..'EKIESDAY 'H-UR. AI3RIL 13 U 15 20 21 22 27 28 29 4 5 6 11 12 13 18 19 20 25 26 27 c-:v} • n JUiG 1 2 3 E'9 10 15 16 17 22 23 24 29 30 JULi 8 13 14 15 20 21 22 27 2?29 AUGUST 3 4 5 7 8 9 10 11 12 17 18 19 24 25 26 yjd' 2 JULY 25 AUGUST 22 SEPTH-’BER 12 NOVHGER DECQfflER 21 12 aiE EXTRA SUNDAY 3iOOT EACH MaiTH, MAY THRU OCTOBER SPECIAL SHOOTS TO BE HA»-?ED AT A LATER DATE THE DATES OF THIS SCHEDULE ARE SUBJECT TO CHANGE NO SHOOTEIG ® EASTER SUlfDAY Date:July 21, 1993 To:Ron Moorse, City Administrator From:Lt. Gary Cheswick Re:Firearm Use Permit Hennepin Parks I have reviewed the application submitted by Larry Gillette of the Hennepin Parks. The Park has conducted a "hunt" of this nature before and we have not received any complaints. I have no objection to the issuance of this permit. m m Date: To: From: Re: July 21, 1993 Ron Moorse, City Administrator Lt. Gary Cheswick Special Event Pemiit Bell Industries - Fishing Tournament I have reviewed the application submitted by Richard Foss of Bell Industries. As the Lake Minnetonka Conservation District has issued a license to them, with their usual stipulations, I have no objection to the issuance of this permit. L ^ Hitfcwn ■■ Permit #: PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OP ORONO, MINNESOTA Fee: $50.00 Phone Number: Name:hjhijsr^i^s Address:srcO a/ r TT *' "’kT i/A I t wi C'MU'MUfc r0i^*rc nrrrrr f I ACC ^ T f 4V*^*»***/‘'«*c‘\ 1 w‘l fc/TC'WVV ^ A f »*w ki I C* A VfU't «.i/V«VV ?*’cc*ri‘ tJ "•** Cf'CCit f c. k.*V«W »■ * *1 / ftwccAi I f< r*f«rv f c’u City, State, zip: t ^^ •• *• *’0*» " *v » ? Vt* f * * “ • *Ti. f c w*te V* CVVA »»V'A » Aw** * » ' / ^ • V # ' A w* Location of Parade or ^ t t ! 9 • ^ ^ • — ’ — ------------------------------------------------------------------------------------------------------------- Event: nkSm\ AT PoJid. sTtfcZ/^fe^g/J FAUi^/T/ Oh^ 2klc> /Sb/hdl^ ?erson(s) and/or Organization(s) Handling the Event: /t^hJSTfy.4 ^ Date of Event: 0^’’ Reason or Purpose: Hours of Event: /vJ///a J6 'TOO^/^FjO. r^CCl own WC t, • r > - ------------------------------------------------------------------------- Insurance co..oenv: M/i^rFbD::^ >,)S ^-^gOOP | fff. t: —CoDV of insurance certificates to be submitted with this application. •» ^ ir th\^^^a^\^d% pUial^ et“ St^SlIa^nt^nfo^^ this pe^it'. ‘ /0 7-^J'?3 Signature Date Approved:Denied:3y: Remarks: A : rfCra;ii : nCZTrcm i/I I sTA ,\*i,ft w'VavV£r.*i Mm W‘V» • Vi'/L'*iY VmH» I /^i;\ I U‘UTir-'a fwa I Aw*• .I f"? TVI' Aw" •s and .ty of rectly mi*’ lIEMHEPin COUNTY SHERIFF'S VJATER PATROL SPECIAL EVENT PERMIT REQUESTWITHOUT THIS PERHISSIOjj. -V- • T993 r^Howina information is necessary to insure the proper and accurate issuance of your permit. Please complete this foi^ in its* entirety, and return it to this office as soon as possible. please PRINT or TYPE. * 0RG,MIIZAT10II HOLDING EVENT: . ^£11, /VA(Xf nL :-:v) n CHAIRPERSON - PERSON IN CHARGE: Address;<rnn /f^ cVT lK PMu . rriAl / Phone: {Day) _y.<T‘^' (Night) _?„l g/ Q/A Pr.u)OfVL Mh0.f7<ie^ P'K/*a )0 TO0AAfi3i±S*ll----------------------- EVENT NAME: EVENT TYPE: DATE(S) of EVENT: TIME(S). - - - - - - - : /fT..3SLJ313- - - - - - - - - -- N : -rnn Ao,T(^/?t r.qOzH^^J INSURANCE INFORMATION: A copy ^"®“‘'permit°cannorbe be submitted with the permit request. T^? ;^bility issued without ti>e insurance policy must be n minimum $200,000 per per..uu single incident. _ _ _ _ _ _ _"~ EVENT INFOPJIATION (numbers of persons, type of ac^ivi i , P location, etc.): /^A hlO^ i— Hn-Hsr KO(\-Ti f /ii~ PtvPib't —7joo_^x ]r> h,ooP.H . ^ ........ r..:r~.^r . ,^fVpr yt) 'Ru-:, I^UkJ^-------------- IP^Ahdo T' Pj&)0P ji » z ^V 11^ I p .11 ^ ■ ■ OFFICER 01^ AUTHORISED AGENl S sigi Iature title c^r.SEP BOARD MEMBERS LAKE MINNETONKA CONSERVATION DISTRICT900 EAST WAYZATA BOULEVARD. SUITE 160 • VMYZATA. MINNESOTA 55391 • TELEPHONE 612/473.7033EUGENE R. STROMMEN. EXECUTIVE DIRECTORJuly 7, 1993Dnvid M Cochran. Chair Greenwood Tom Penn. V<e Chair Tonka BayDouglas E Babcock. SccreiaryS . St. Paul MN Spring Park Mr. Rich Foss Bell Industries 500 Hardman Ave 55075Scott Carlson. Treasurer Minnetnsta Mike Bloom Minnetonka Beach Albert (Bert) Foster DeeprMven James Grathwoi E’rce's.or .JoE'lenL Murr Orono William A Johnstone Minnetonka Duane Markus Wayzata G<»orge C O^en Victoria Robert Rascop Shorewood Tom Reese Mour'd Robert E S'ccum Wood I a rid Dear Mr. Foss: The LMCD has' approved the Special Event License application for Bell Industries 9th Annual Dealer Fishing Tournament on Wednesday, August 25, 1993, with ease-off and weigh-in at the Power Squadron facility on Big Island. The Special Event License is granted subject to the following stipulations: i. Permit requirements of the Sheriff's Water Patrol, the City of Orono, and the DNR Fisheries must be met. Use of starting guns or bull horns is permitted. not 3. Participants must be notified iji the tournament rules that: a. prior to launching in Lake Minnetonka, watercraft that have been in waters known to be infested with zebra mussel, which includes the Mississippi, St. Croix, and St. Louis Rivers, and St. Louis Bay of Lake Superior must have been thoroughly dried or washed-down with hot water at least 140 degrees, inside and out. b. when leaving Lake Minnetonka, all lake weeds must be cleaned from watercraft, including wet wells and internal areas, bait/tackle containers, and external areas including trailers. 4. Participants must be notified in the tournament rules that they are required to comply with applicable LMCD boating ordinances, copy enclosed. Of particular importance are regulations limiting watercraft speed to 40 mph, with no wake speeds within 150!. ^ lake shore-including all channels, and limiting noise to 82 dbA. 5. Ease*off must be staggered with boats leaving at a 1 minimum of ten siicond intervals. Cell Industries, July 7. 1993, Page 26. All temporary signs for the event visible from the lake must be removed within 24 hours after the event. All signs must comply with city ordinances. 7. Deposit refund is subject to: a. Compliance with the above stipulations. b. A copy of the DNR permit being submitted prior to the event. c. The completed LMCD Special Event Report, form provided, being submitted by September 8, 1993. d. A copy of the DNR tournament fishing report being submitted by September 8, 1993. Your cooperation in our "Save the Lake” program is appreciated. Best wishes for a successful event. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT ■ ,,, rre R. StrommenEuge Execbtive Director end: application. Event Report, summer rules mH I ‘•Si t -;OJ/H/93 PR;CB PRREGOR 179EMP • name.V . *. 471688060 <74563339 471840871 475443862 472503991 489526026 476643387 475989721 468821018 468622840 472529007 468701868 507585424 469685562 468420832 469087884 474667812 475380151 477500666 475444249 477463877 475069821 388625358 471569863 473141624 475604753 504260307 472500574 469820293 121262417 469723373 475344512 480843542 476018974 477700023 334506281 4/7028779 473108428 468909535 476783251 470700901 469848107 475382983 473746173 473609629 470566529 469629194 475569177 267460042 472563051 474662296 470704904 475505297 468629488 500403192 477881539 JAMIE L CORNICK, JAMES L OELANEy, JANE P DEMBOUSKI JAY cENGLISH III iRvrwr ERICKinw' ^°‘J‘5EAS J ERICKSON. KURT R P?JJ^LER. JOHN M GAFFRON. MICHAEL P GOMAN. DAVID J GREGORY. JAMES D HANRfHJ- M ■JG^NSON. BRADLEY P • knut^L JANICE M • charlotte a I2v“f2"DlK?^5 " moorse . roSJ ld" " ?: * 'f rnSKT lAkJcrr^NELSvt. DAVID qAMES 3j OAS DmNIEL 0 i: OP AIGNER. SCOTT Q ij ^HiEN. RANDY L ° of OMAN, LYLr t r‘ barb» j I; "OSS. JOHN A If^GfNHOFF. JOHN B 3? 5KREEN. DALE S 42 STEFFENHAGEN RONAl n q-j SULLIVAN. STEPHEN X ??thomton -mark R ^ ^ i{ f§2c??2!‘'«^K'«=E F 3J 2e *J;S22; s^Je ~?S e 2 b ll DPT TTDGROSS•1 25557.651 15337.86 2 9251.73 2 24136.37 1 25866..38 1 25367.05 3 1713.95 f 22171 2' 25515.38 ^ 23672.38 24693.10 25347.39 22066.04 30659.81 3197.91 20390.97 19008.61 17876.49 8993.33 13717.52 1677.00 824.02 25347.91 1402.50 3635.51 15214.18 32461.83 308.00 27633.75 1761,00 486.75 20153.59 1296.64 36021.86 24845.52 2099.12 743.40 17583.42 12531.21 22066.01 17392.62 21870.92 18111.01 1416.25 6744.22 17814.20 CURRENTGROSS 19008.60 30838.38 22900 55 23152.30 23804.51 19008 61 14949 45 13507.04 16741.87 1588.411014.64 .722 59 1611.68 1727.20 1806.99 ,,61.95 1722.27 1826.65 71.30 1568.40 1509,76 1692.24 1473.44 1937.42 310.82 1272.08 1269.28 1083.28 816.12 938.88 390.00 123.60 1686.03 244.75 283.011014.63 2167.60 156.75 1845.22 132.00 143.00 1578.92 261.63 23.11.83 : 1877.18 132.26 200.60 1029.13 1286.39 J 1473.43 1418.44 1 1724.97 1 1083.26 ’84.25 419.77 1093.45 1260.28 2059.20 1509.76 1547.50 1568.40 1269.27 1090.73 1095.90 1117.91 62.795745’ r ^ -■ET.„ V‘- "■ ^ _r-LliUKI.i ilKinfililfF[•ilMiItl •% o • ^ -COUNCIL CHECK REGISTER Thu Jul 22 1993 00:46:44 Page 2CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT i028585$357.50*POP 0591-4815 2207189 'oh0285861993/07/26 $405.79$405.79*COLONIAL LIFE INS CO INS 0129-4152 000767 OH 028587 1993/07/29 1993/07/26 $189.67 $932.97 $1,122.84* COPY DUP PR INC COPY DUP PR INC RENTAL SALT 0129-4210 0549-4234 1750628 843553 OH OH 028588 1993/07/26 $115.94 $115.94*CRYSTEEL DIST INC HITCHES 0249-4232 42398 OH 02838B 1993/07/26 $10.00 $10.00*DIXIE PETRO-CHEM DEMURRAGE 0549-4234 983762 OH 028590 1993/07/26 $250.00 $250.00* DON RATH CEMENT CO CEMENT REPAIR PO •0099-4343 000783 OH 028591 1993/07/26 $144.00 $144.00*DORADUS CORP MAINT 2 SIRENS 0175-4342 0930727IN OH 028592 1993/07/29 $44.37 $44.37* DOYLE INC CABLE 0249-4232 2073 OH 028593 1993/07/26 $62.00 $62.00* EAST SIDE BEVERAGE BEER 0591-4815 234514 OH 02*594 « 1993/07/26 $23.65 $23.65* ENQ RLPRO SYSTEMS MAP COPIES 0174-4210 86923 OH 025595 1993/07/26 $65.00 $65.00* FBS INVEST SERV OPS SAFEKEEPING FEE 9115-3810 000812 OH 028596 1993/07/26 $138.81 $138.81*FEED RITE CONTROLS CHLORINE 0549-4234 17294 OH 028597 1993/07/26 1993/07/26 1993/07/26 1993/07/26 1993/07/26 1993/07/26 $60.68 $137.45 $267.60 $12.73 $248.79 $15.10 $742 3«“ G A K SERVICES OAK SERVICES G A K SERVICES G A K SERVICES OAK SERVICES OAK SERVICES UNIFORMS RUGS RUGS UNIFORMS UNIFORMS UNIFORMS 0569-4221 0129-4343 0099-4343 0590-4221 0249-4221 0549-4221 000768 000 .'6 8 000768 000768 000768 000768 OH OH OH OH OH OH 028598 1993/07/26 $141.96 $141.93*GALL’S INC.2 RECORDERS 0129-4540 53200016 OH 028599 1993/07/26 1993/07/26 1993/07/26 $39.00 $48.65 $33.35 $121.00* GENUINE PARTS CO GENUINE PARTS CO GENUINE PARTS CO SUPPLIES SUPPLIES SUPPLIES 0249-4232 0290-4232 0569-4232 000790 000790 000790 OH OH OH (••OUNCIL CHECK REGISTER Thu Jul 22 1993 00:46.44 Page 3H*:CK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT •INVOICE po num:MANUAL0286001003/07/26 $43.32 GieeONS-KEARNS INC BUG SPRAY 0591-4801 2831 OH 028601 1993/07/261993/07/26 $77.40$116.10 $193.50* GOPHER STATE ONECALL GOPHER STATE ONECALL JUNE FEE JUNE FEE 0549-43060569-4306 30605163060516 OHOH 028602 l?93/07/26 la -3/07/26 1093/07/26 1993/07/28 1993/07/26 $1,375.36 $271.00 $145.68 $271.00 $542.00 $2,605.04* GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC AUG INS AUG INS AUG INS AUG INS AUG INS 0129-4151 0590-4151 0174-4151 0115-4151 0249-4151 1213857 1213857 1213857 1213857 1213857 OH OH OH OH OH 028003 1993/07/26 $4.44 $4.44*HAPPYS POTATO CHIP CHIPS 0591-4802 241369 OH 028604 1993/07/26 $22.54 $22.54*HENN CTY DEPT TAX POSTAGE 0040-4321 000769 OH 028605 1993/07/26 $78.70 $78.70* HENN CTY SMERIPF DPT REPAIR 0129-4342 000792 OH 028606 1083/07/26 $182.39 $182.39* HENNEPIN CO-OP SEED GRASS SEED 0390-4343 55884 OH ‘ 028607 1983/07/26 $25.33 $25.33* HENNEPIN COUNTY TREASU HAZARDOUS WASTE LIC 0249-4383 000770 OH 028608< 1903/07/26 $130.00 $130.00* INTL INST-MUNI CLKS DUES HALLIN/VEE 0039-4380 000771 OH 028609 1903/07/26 $1,020.60 $1,020.60* IRVING PRESS SCORE CARDS 0590-4322 93-2981 OH 028610 1993/07/26 $15.00 $15.00*JAMES GREGORY C. ERTIFICATES 0549-4383 000791 OH 028611 1003/07/26 $300.53 $300.53* JOHNSON/BRAOLEY CONFERENCE 0129-4356 000793 OH 028612 1993/07/26 $211.52 $211.52* KENNEN, LEONARD SOFTWARE 0129-4210 000794 OH 028613 1993/07/26 $30.27 $30.27*KNUTSON. CHARLOTTE MILEAGE 0069-4381 000795 OH 028614 1993/07/26 $170.00 $170.00* LAMBERT SOO SOO 0590-4343 000796 OH 1993/07/26 1993/07/26 1993/07/28 $821.21 $233.93 $28.68 LOOTS - SUITE 300 LOGIS - SUITE 300 LOGIS - SUITE 300 DATA PROC/DISC SPACE DATA PROC/DISC SPACE DATA PROC/DISC SPACE 0129-4355 0069-4355 0039-4355 AR0593 AR0593 AR0593 OH OH OH /COUNCIL CHtCK REGISTER Thu Jul 22 1993 00:46:44 Page 4CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT 1 INVOICE PO NUM.MANUAL 028615 1993/07/261993/07/261993/07/261993/07/261933/07/26 1993/07/26 1993/07/26 1993/07/26 1993/07/26 1993/07/26 1993/07/26 S93.00$21.00$781.00$32.83$579.00 $319.93 $220.00 $409.00 $l,203.0u $14.07 $43.82 $4,800.47* LCX5IS - LOGIS - LCX3IS - LOGIS - LOGIS - LOGIS - LOGIS - LOGIS - LOGIS - LOGIS - LOGIS - SUITESUITESUITESUITESUITE SUITE SUITE SUITE SUITE SUITE SUITE 300300300300300 300 300 300 300 300 300 MAY SERV MAY SERV MAY SERVDATA PROC/DISC SPACE MAY SERV UNUSED PR-AP CHECKS MAY SERV MAYSEkV MAY SERV DATA PROC/DISC SPACE DATA PROC/DISC SPACE 0039-43550039-43520174-43520569-43550129-4352 0069-4210 0549-4352 0569-4352 0069-4352 0549-4355 0174-4355 AR0593AR0593AR0593AR0593AR0593 AR0593 AR0593 AR0593 AR0593 AR0593 AR0593 OHOHOHOHOH OH OH OH OH OH OH 028616 1993/07/26 1993/07/26 1993/07/28 1993/07/26 $82.18 $997.85 $15.79 $17.03 $1,112.85* LONG LK LONG LK LONG LK LONG LK FORD FORD FORD FORD TRACTOR TRACTOR TRACTOR TRACTOR REPAIR MOWER & BLOWER PART HEAD PHONES 0290-4342 0590-4560 0590-4232 0590-4560 170317 9492 171550 171294 OH OH OH OH 028617 1993/07/26 $339.28 $339.28* MARTINS NAVARRE 66 REPAIRS 0129-4341 000776 OH 028618 1993/07/28 1993/07/26 1993/07/26 1993/07/26 $146.90 $146.50 $542.02 $417.91 $1,253.73* MED CTR MED CTR MED CTR MED CTR HEALTH CARE HEALTH CARE HEALTH CARE HEALTH CARE AUG INS AUG INS AUG INS AUG INS 0129-4151 0069-4151 0174-4151 0249-4151 000777 000777 000777 000777 OH OH OH OH 028619 1993/07/26 $5,197.50 $5,197.50* METRO WASTE CONTROL CO JUNE SAC FEES 9001-2226 000797 OH • 028620 1993/07/26 $21,629.00 $21,629.00* METRO WASTE AUQ FEE 9673-1282 51480893 OH 028621 1993/07/26 1993/07/28 $285.60 $473.04 $758.84* MIDWEST 'MIDWEST ASPHALT ASPHALT ASPHALT ASPHALT 0249-4233 0249-4233 000773 000800 OH • OH • t 028622 1993/07/26 ,'993/07/26 1993/07/28 1993/07/26 1993/07/26 1993/07/26 1993/07/20 1993/07/26 1993/07/26 1993/07/26 1993/07/26 1993/97/26 1993/07/26 -$51.11 -$7.48 -$7.47 $160.34 -$7.47 -$7.47 -$7.47 $12.75 $12.75 $70.44 $12.75 $12.75 $12.76 $206.07* MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS BSNS PRCX) PROD PROD PROD PROD PROD PROD PROD PROD PROD PROD PROD PROD OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES CLOCK.EASEL. ETC OFFICt SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES 0039-4210 0129-4210 0069-4210 0020-4210 0059-4210 0129-4210 0174-4210 0059-4210 0069-4210 0039-4210 0249-4210 0174-4210 0129-4210 000799 000799 000799 000799 000799 000799 000799 561429 561429 561429 561429 561429 5f 1429 OH OH OH OH OH OH OH OH OH OH OH OH • OH •t cCOUNCILCHECK REGISTER Thu Jul 22 1993 00:46:44 Page 5CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT 8 INVOICE PO NUM.MANUAL0286231003/07/26 $175.00$175.00*MILE CONFERENCE 0129-4356 000774 OH0286241993/07/26 $740.00$740.00*MINNESOTA CLE CONFERENCE 0129-4356 000775 OH 028625 1993/07/26 $1,915.81 $1,010.81*MN STATE TREASURER TAX 9001-2222 000798 OH 028626 1993/07/26 S254.00 S254.00* MODERN BIN EQUIP CO LOCKER RODS 0129-4231 025355 OH 028627 1993/07/26 $65.31 *"5.31* MPLS OXYGEN CO OXYGEN 0129-4232 374038 OH 028628 1093/07/26 1993/07/26 1993/07/26 1003/07/26 1003/07/26 1993/07/26 1003/07/26 1003/07/26 1093/07/26 $18.17 $52.42 $28.94 $10.64 $121.49 $40.56 $58.66 $60.05 $58.58 $440.51* NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE HARDWARE NAVAiTRE HARDWARE NAVARRE HARDWARE SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES 0549-4234 0099-4231 0549-4232 0290-1231 0290-4232 0249-4232 0099-4232 0590-4232 0129-4232 000780 00078C 000780 000780 000780 000780 000780 000780 000780 OH OH OH OH OH OH OH OH OH • 028629 1093/07/26 1903/07/26 1093/07/26 1903/07/26 1093/07/26 1003/07/26 1093/07/26 $7.40 $1,050.03 $38.39 $104.40 $3.31 $104.43 $1,954.37 $3,289.23* NSP NSP NSP NSP NSP NSP NSP UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES 0290-4324 0566-4324 0099-4324 0249-4324 0175-4324 0590-4324 0549-4324 000778 000778 000778 000778 000778 000778 000778 OH OH OH OH OH OH OH 028630 1993/07/26 1003/07/26 $134.70 $10.95 $154.65* O'SULLIVANS NAVARRE O'SULLIVANS NAVARRE AU AU WASH TICKETS REPAIR 0129-4341 0174-4341 000779 000779 OH OH 028631 1993/07/26 1003/07/26 1003/07/26 $85.00 $85.00 $170.00 $340.00* OFFICE PROD OF MN OFFICE PROD OF MN OFFICE PROD OF MN MAINT TYPEWRITER MAINT TYPEWRITER MAINT TYPEWRITERS 0039-4340 0069-4340 0129-4340 201416 201416 201416 OH OH OH 028632 1003/07/26 $43.12 $43.12* OMAN/LYLE MILEAGE 0174-4381 000801 OH 028633 1903/07/26 $24.70 $24.70* OTTEN BROS SUPPLIES 0590-4232 78556 OH 028634 1003/07/26 $12.00 $12.00* PERA INS AUG INS 0129-4152 000781 OH i !• f- ^COUNCIL CHECK REGISTER Thu Jul 22 CHECK NO CHECK DATE CHECK AMOUNT 1993 00:46:44 VENDOR Page 6 iQQ*i/n7/9A I-f - - -1993/07/26 1993/07/261993/07/26 1993/07/26 $226.17 $22.12 $273.78 $77.86 $60.71 028635 1993/07/26 $22.81 $683.45* 028636 1993/07/26 1993/07/26 $4,641.32 $4,801.41 $9,442.73* 028637 1993/07/26 $129.00 $129.00* 028638 1993/07/26 $7.20 $7.20* 028639 1993/07/26 1993/07/26 $5,840.00 $7 01 $5.8a/.01* 028640 1993/07/26 $1,502.29 $1,502.29* 028641 1993/07/2»$4,050.00 $4,050.00* 028642 • 1993/07/26 $217.00 $217.00* 028643 1993/07/26 $383.00 $383.00* 028644 1993/07/26 $131.00 $131.00* 028645 1993/07/26 $13.31 $13.31* 028646 1993/07/26 $731.02 $731.02* 028647 1993/07/26 $82.87 $82.87* 028648 1993/07/28 $946.71 $948.71* 028649 1993/07/26 $108.50 $108.50* 1993/07/26 $103.27 PERRYS PERRYS PERRYS PERRYS PERRYS PERRYS TRUCK TRUCK TRUCK TRUCK TRUCK TRUCK REPAIR REPAIR REPAIR REPAIR REPAIR REPAIR PUBLIC EMPL RET ASSN PUBLIC EMPL RET ASSN REED VENDING RITZ CAMERA ROLF E ERICKSON ROLF E ERICKSON ROLLINS OIL CO SCHOENINQ EXCAVATING SPAULDING STERLING FENCE INC STEVENS WELL DRILL STREICHERS SUBURBAN TIRE INC SULLIVAN. STEPHEN T.C.S. ENTERPRISES THORPE DIST CO TOLL CO DESCRIPTION REPAIR REPAIRREPAIR REPAIR TOW CAR REPAIR ACCOUNT • 0129-4341 0129-43410249-4341 0129-4341 0129-4341 Oi:?C-4341 INVOICE 'II432. . . * 1155511415 11505 3M2 11420 NUM; MANUAL "oH OHOH OH OH OH PERA 7/5-7/18 PERA 6/21-7/4 9999-2031 9999-2031 0''0802 000782 OH OH CANDY & ROLLS 0591-4802 000803 OH FILM PROCESSING 0129-4210 3762934 OH AUG FEE SUPPLIES 0059-4307 0059-4210 000789 000789 OH OH GASOLINE 9001-1260 000784 OH HAULING ST SWEEPS 0249-4233 000804 OH GOLF BALLS 0591-4800 FU8183 OH FENCE NAVARRE PK 0290-4343 12349 OH REPAIR WELL 0290-4343 000805 OH HOLDER 0129-4221 68946.1 OH. TIRES TRUCKI431 0249-4341 04-0362 OH EMA FINANCE COURSE-D 0175-4358 000814 OH AMMO 0129-4241 2665 OH BEER 0591-4815 13899 OH PARTS 0249-4232 '229719 OH i —*- UMilll[•WTIil lii & 1:3 15! r-ijj iTf^i ca li} i;*---« iii ■'^ ® ^s r% i r^-d;.a »*ra 1 O'-S ^ ^ A « e^ ^ ^ k: Cl 11S 11 #'^ COUNCIL MEETING JUL 6 1993 cinroFORONo MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ROLL The Orono Planning Commission met on the above date with the following members oresent: Chair Charles Schroeder, Stephen Peterson, Candace Rowlette, Sandra Smith, Charles Nolan, Jr., Janice Berg, and Dale Lindquist. Charles Schroeder left the meeting at 9:20 p.m. The following reoresented the City Staff: Zoning Administrator Jeanne Mabusth, Septic Manager Stephen Weckman and Recorder Teri Naab. Edward Cal I ahan and J. Diann Goetten were present. Chair Schroeder cal led the meeting to order at 7:00 p.m. (#1) #1821 MARGO & STEVE WIRTJES, 3085 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - CONTINUATION OF PUBLIC HEARING 7.02 - 7:25 P.M. John Ploetz, attorney for the apolicants, was oresent. Mabusth explained tnis is a two let subdiv.sion in a 2 acre zoning district, of whicn both lots meet the area requirement. Lot 2 does not meet the required lot width at the 50’ setback. Both lots were nhown meeting the lot width standards with the original application. Septic information has been orovided for both lots. She explained, a permit was issued by the State for the well for the existing residence, however, the well was approved at a 50’ setback opposed to a 75’ setback as required by Orono, for which a variance was granted. It has now been determined that the well is only 40’ from the alternate septic site, and if the alternate site is ever used, a new well would be required. It will be imperative to make tnis known to future owners of the property. Drainage through the property has been rerouted along the west lot line to southern lot line. The applicant has agreed to reduce the size of the oversized accessory structure on the property, which currently exceeds 750 s.f. and requires a 15’ side setback. The applicants have agreed to develop the drive to the west of the outlot to provide a greater setback from the lot line. She noted the City does not have setback requirements for private driveways and this may be included as a condition of subdivision aooroval. Ploetz noted the oroposed lot lines conform more closely with the current drainage pattern on the prooerty. He reported the applicant has no problem with constructing the drive to the west of the outlot or reducing the size of the accessory structure. Chair ochreeder inquired aoout the ownership of the property. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE 1M821 - CONT. Ploetz reolied the Wirtjes are the occupants of the existing residence, but the fee holoer of the property is the Wheaton Company, of which Margo and Steve wirtjes are sole owners. Lindquist inquired if it is important to stipulate that the well be moved prior to final subdivision approval. Mabusth felt it very imoortant to establish a means to convey to any future owner of the lot the condition that the well be moved in the event that the alternate seotic site is used. Weckman added until tne alternate site is used, the well is not a hinderance. He noted in the event the alternate site were to be used, the City would be made aware through the permitting process. Rowlette asked if the recent Iy. procedures for well permits has changed Mabusth explained that aporoximate Iy 3 years ago the State Health Department has assumed control over the permitting and inspection of wells, and since they are a separate e.itity, are not required to review or consent with the City on well locations. Chair Schroeder noted it is not typical practice to make move a well prior to final subdivision approval. someone Mabusth stated she had no problem with waiting to require the well to be relocated until the alternate site is used, especially considering the City has granted a setoack variance for tne well to the existing seotic system. She noted that the applicant was aware of the City’s requirements for a 75’ setback prior to development of the lot. Ploetz stated the applicants prefer to wait to move the well due to the additional cost. He reported, to date, the applicants intend to retain one of the lots for their residence. Chair Schroeder asked if the applicants run their business out of their home. Ploetz replied the business is established in Wheaton Minnesota, but they may use their home for some ad.m i r. i s t rat i ve work. The applicants were originally from Wheaton. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21 , 1993 ZONING FILE #1821 - CONT. It was moved by Lindauist, seconded by Chair Schroeder, to recommend approval of Application for Margo and Steve Wirtjes, 3085 Watertown Road, aporoving a preliminary subdivision, subject to the staff’s recommended conditions, and with the added requirements that the road be located to the west of the outlot, and the well be moved prior to final subdivision approval. Ayes 5, nays 1. Smith abstained. Powlette voted nay because she felt it was an extra expense to maise tne applicants move tt.e well prior to tne alternate site being needed. Motion carried. (#2) #1830 RICHARD F. OORLOG, 1058 LOMA LINDA AVENUE - PUBLIC HEARING 7:25 - 7:45 P.M. The Affidavit cf Publicatpn and Certificate of Mailing were noted. Mr. Oorlog was present. Mabusth commented on the accuracy of tne applicant s survey. She explained the applicant proposed the removal of an upper deck to be replaced wirh a enclosed dining area and upper deck, and the replacement of the lower deck. The property has 92.9^ existing hardcover, proposed 51.4*, which is a reduction of 1.965 s.f. Chair Schroeder asked for hardsnips to be presented. Oorlog replied they have a small kitchen and dining area. Also they are hoping for some privacy from the adjacent neighbor, as expansion of the neighbors’ deck recently does not allow for such. Smith asked if a natural walkway to the lake could serve as well as the steps proposed. Oorlog agreed to that proposal. Mabusth noted the ar-plicant proposes the removal of the plastic a»-.d gravel to the rear and side of the house. She pointed out the hardcover calculations were done by staff and not presented by the appI * cant. Oorlog clarified that he only proposes the removal of the plastic as this would be consistent with wnat his neighbor was required to remove. Rowlette pointed parking, and once out one of tne grave I is driven rear areas is used for boat on. It remains hardcover. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE <11830 - CONT. Mabusth noted that area where the boat is stored could be reduced by half of the amount calculated to be removed. Smith asked if the aoblicant has considered plantings or sod in place of the rock area. Oorlog said it does not flow witn the neighbors’ property as well and would require added maintenance. He noted that since the plastic was removed from the neighboring property, the owners just use chemicals to kill the weeds, which flow into the Lake. Chair Schroeder explained their goal is to get something to help the Lake. Peterson questioned the condition of the rip-rap. Mabusth stated it was in good condition. She noted the plastic under rock in the 0-75’ setback area. Rowlette clarified that the Iower deck to be replaced will be under the addition. Mabusth concurred, and added one-third of the lower deck is in the 0-75’ zone. Rowlette said she would look more favorably on the lower deck if the plastic were to be removed in the 0-75’ zone. Lindquist asked the applicant if he would be agreeacle to that condi11 on. Oorlog stated if he has to remove it to gain approval. Mabusth noted this condition is consistent with that placed on the neighboring property. Oorlog stated the plastic was not removed in the 0-75’ zone on his neighbors’ property. He said he was wi I Iing to remove the hardcover because he understood the purpose. 4- MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1830 - CONT. It was moved by Peterson, seconded by Rowlette, to recommend aoproval of AppIication #1830 for Richard F. Oorlog, 1058 Loma Linda Avenue, for lakeshore setback variance, average lakeshore setback variance and hardcover variances to permit the construction of an addition to the existing residence, subject to all plastic on the property being removed, and steps to the lake being relocated out of the 0-75’ setback area. Ayes 7, nays 0. (#3) #1831 EDWARD ENGLER, 3450 BIRCH LANE VARIANCE - PUBLIC HEARING 7:47 - 8:05 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Engler were present Mabusth explained the applicants propose a family room addition over an existing oat'O a-'ea, 16x20'. completely located in front of the average setback. She noted minimal impact on neighbors’ pioperty by the encroachment into the average setoack area. They propose the removal of plast'C under the landscape patio area, reducing the hardcover in both the 0-75' and 75-250’ zones. Most of the excess hardcover in the 75-250’ zone is due to the bituminous area, which serves as a turn-around for Birch Lane and is also used by the City to store snow. Nolan asked how they plan to address drainage. He expressed concern about trapping the drainage on the rear of the property. The applicants’ builder stated they intend to solve drainage problems one of two ways by either ailowing the drainage to flow in its natural pattern or by installing a retaining wall adajcent to the addition on the we_i aide. Nolan felt it would be appropriate for the applicants to submit a drainage plan. Rowlette clarified that there will not be a walk around the house. Engler stated that was correct. Nolan asked if it would be appropriate to require an easement over the bituminous area to ensure the City’s use in the future. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1831 - CONT. Engler stated he would like to ask his attorney prior to committing to an easement. He noted the area has been used by the City foi" many years without oroblems. He added they would prefer to remove a portion of the bituminous instead of the plastic, however, they realized the need to allow it to remain for City use. Nolan askeo if tney would consider the easement if the legal ramifications could be worked out, Mrs. Engler stated they nave worked we I i with the City in the past and would prefer to leave things as they are. Mr. Engler added they wouIc orefer not to encumber the property with an easement. Chair Schroeder askeo if it would be possible to reduce the proposal so a lot coverage variance would not be necessary. Mrs. Engler stated tn'^y nave a'reacy reduced the addition. It was moved by Rowlette, seconded by Lindquist, to recommend approval of Application oia31 for Edward Engler, 3450 Birch Lane, for variances to construct an addition to his existing residence, subject to all the hardcover removed as shown on the plan and with the added condition that a drainage plan be submitted with the building permit application. Ayes 7, nays 0. (#4) #1832 SCOTT A. MABUSTH. 740 NORTH BROWN ROAD - VARIANCE - PUBLIC HE'aRING 8:05 - 8:10 P.M. The Affidavit of Publication ano Certificate of Mai ling were noted. Scott Mabusth was present. Weckman explained the applicant seeks a variance to construct a 10x16’ shed in trie front of his principal residence. An existing shed will be removed. The shed will be set back 146’ from the street lot line. The hardship is the topography to the rear of the residence, and the only flat area is used for the septic system. Phil Nelson, surveyor, added the net increase is 32 square feet, no mature trees will be disturbed and very little grading will be required. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1832 - CONT. It was moved by Peterson, seconaed by Smith, to recommend approval of Application #1832 for Scott Mabusth, 740 Brown Road North, for a variance to construct a shed in front of the principal residence. Ayes 7, nays 0. (#5) #1833 LAURENCE ELSEN, 2879 CASCO POINT ROAD - VARIANCES - PUBLIC HEARING 8:10 - 8:40 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. Elsen and Boo Seuss, his builder, were present. Mabusth explained the applicant proooses a 26x44’ garage adaition which does meet the required street setback, and a second story enclosed addition of wnich a portion will replace an existing screened porch. The enclosed add'tion will extend 2’ beyond the existing building envelope. Seuss clarified the room addition is replacing a screened porch. Mabusth reviewed the hardcover calculations, and noted lot coverage is over by 1%. Chair Schroeder asked if the new drive has been approved by the City. Seuss replied the proposed drive is ideal for both the City and the owner as it provides a safe turn-arcund for the owner and a turn- arouna for tne pubiic using the beach. Peterson said he would think the applicant would like to be screened from the public beach. Elsen said he prefers the proposed plan. Chair Schroeder asked if hardcover could be removea in any other area, such as the storage shed near the lake or downsize the garage. Seuss said the reason the garage is oversized is because of the entry into the house from the garage. He noted the applicant purchased the home in 1988 and the storage shed was already there at that time and is screened from the neighbors with existing vegetation. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1833 - CONT. Rowlette clarified that they are hooing to reduce hardcover within the 0-75’ zone. Seuss said the shed is currently used to house eduipment. Rowlette suggested the removal of existing block. EI sen said that is oroposea to be changed to grass. Rowlette inquired about the wood shed. Mabusth clarified the wood shed was not taken into consideration for the lot coverage, but wcuIo recuce the hardcover calculations. EI sen said he would remove the wood shed. Mabusth said that leaves him with a .04% lot coverage overage. She asked if there is any lancscaoe plastic that could be removed. Elsen noted there is plastic under the deck that could be removed. It was moved by Lindquist, seconded by Berg, to recommend approval of Application j»1833 for Laurence Elsen, 2879 Casco Point Road, for variances to construct an attached garage and additions to the existing residence, subject to the removal of the shed, concrete, 151 s.f. plastic landscape area, and the asphalt to the rear of the garage, and subject to the driveway kept to a minimum and the relocation of trees. Ayes 7. nays 0. (#6) «1834 MARY K. MCCARTY, 245 TONKA AVENUE - VARIANCES - PUBLIC HEARING 8:40 - 8:55 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mary McCarty was present. Mabusth explained the applicant seeks a lot area and lot width variance to construct a new home on vacant property recently assessed for sewer. A condition of her purchase agreement is approval of the variances. It is nooed that she will have the opportunity to acquire additional property to the north of this lot through the sale of tax forfeit property. Even with the additional land, a new residence would need approval of a setback variance to construction a new residence because of the limited depth. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1834 - CONT. Rowlette clarified tnat the tax forfeit property has never been assessed for sewer. Mabusth concurred. McCarty stated the property would be 25,000 s.f. if the proposed lots and the tax forfeit lots were combined. Rowlette stated if the property was assessed for sewer, obviously It was considereo a builcable lot. Mabustf noted it is important for the applicant to close on the property prior to the sale of the tax forfeit sale so she is notified of the public sale. Chair Schroeder questioned what wi I I happen if the appi leant is unaole to purchase the additional property. Mabusth stated she would then return requesting approval of setback variances. McCarty stressed the lot is still considered a buildable lot without the tax forfeit property as it was assessed fer sewer. Rowlette noted the lot size of the proposed lot Is similar to that developed in the neighborhood. It was moved by Berg, seconded by Rowlette, to recommend approval of Application «1834 for Mary K, McCarty, 245 Tonka Avenue, for lot area and lot width variances for a substandard property. Ayes 7, nays 0. (#7) #1835 DAVID & ELLEN PHELPS 1950 FOX RIDGE ROAD - VARIANCE - PUBLIC HEARING 8:55 - 9:02 P.M. The Affidavit of PubI ication and Certificate of Mai Iing were noted. Mr. and Mrs. Phelps were present. Mabusth explained the applicants propose the expansion of the existing residence to the street side at the side of the existing garage. Lindquist inquired ‘•.3 to the proposed footage. MINUTES OF THE ORONO PLANNING COMMISSION MtETING HELD JUNE 21, 1993 ZONING FILE IM835 - CONT. Mabusth reolied it will be 13x22’ and will extend closer to the road, from a 35.5’ setback to a 24.4’ setback . Phelps said the neighbors are not opposed to the project, and submitted three letters expressing approval. Chair Schroeder reap the letters into the record from the following: 6/21/93 David Kirkman, 1945 Fox Ridge Road 6/21/93 Ann Cosgrove, 189 Fox Ridge Road 6/19/93 Ray A Bonnie Hack Peterson asked if the Engineer has reviewed the plans to determine if it is necessaf"y to connect on the drive. Mabusth stated that is not necessary as it is at the cul-de-sac and a loop road would reauire removal plantings. end '>f the of natural It was moved by Nolan, seconded by Smith, to recommend approval of Application #1335 for David and Ellen Phelps, 1950 Fox Ridge Road, for variances to construct an addition to the northeast/street side of the existing residence. Ayes 7, nays 0. (#8) #1836 RONALD D. LAUER, 1180 TONKAWA ROAD - VARIANCES - PUBLIC HEARING 9:02 - 9:15 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Lauer were present. Mabusth explained the apolicant proposes a second story on the existing structure which was built in approximately 1955. The majority of the residence is located in the 0-75’ setback zone and In front of the average lakeshore setback. The applicant also proposes a 3x16’ second story deck, which will be located existing hardcover, but is considered an intensification lakeshore protected area. over in the Lindquist asked the applicant if he has decided to use the building plans presented, and asked if he is the builder or future owner. Lauer stated he has decided to use the plans submitted, and he the builder and possibly a future resident. 1 s Smith brought up the cement patio and the fact that during a recent conversation with the applicant, he seemed willing to reduce the size of the patio. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21. 1993 ZONING FILE 1»1836 - CONT. Lauer stated he could live without some of the patio. He noted he does plan to level the patio area. Chair Schroeder suggested he remove tne entire patio area. Lauer stated he would l tke to retain a portion for a picnic table, but would be willing to reduce it by 50?5. Mabusth noted they have not heard from any of the neighbors. Lindouist Questioned tne impact of the addition on the adjacent res 1dences. Maousth noted that only one of tne adjacent homes is in line with the property, ana that residence also encroaches the average setback area, ana the other adjacent residence has a hugh orivacy fence along the ooundary Iine so is unaffected. Nolan asked the ntent for the gravel bed. Lauer said he would be sodding the area. Nolan asked if the extensive overhang would be decreased with the addition. Lauer stated that is his intent. Nolan noted there is not a front entryway. Lauer stated it is intended to be located over the front stoop, which is existing hardcover. It was moved by Smith, seconded by Nolan, to recommend approval of Application »1336 for Ronald Lauer, 1 ■■ 80 Tonkawa Road, for variances to construct a second story addition, subject to the patio area reduced by 50% and the gravel bed removed. Ayes 7, nays 0. Chair Schroeder recessed the meeting at 9:15 to 9:20 P.m. He left at this time. Peterson took over the meeting as Acting Chair. 1 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21. 1993 (»9) #1837 CINDY FREDRICKSON, 1516 LONG LAKE BOULEVARD - VARIANCES - PUBLIC HEARING 9:25 - 9:40 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Cindy Fredrickson and Vince Lange were oresent. Mabusth noted a shed located to the rear of the property which was constructed witnout tne oenefit of a permit, which the applicant proDOses to remove. She explained the appiicant proposes a 24xo2 detached garage to be located 2’ from the side lot, and 6 from the rear. The garage and house cannot meet the 10’ required separation. She reviewed the hardcover calculations presented. Peterson asked about the removal of the concrete pad. Lange presented a new proposal which wou i d allow for a 3’ rear setback and an S’ separation. This would still allow for a firewall in the garage. He noted they propose the removal of the step/s IdewaIk system anc reduce the driveway from 16’ to 13’ or 463 s.f. He stated they would like to lea\e the concrete patio area to the rear of the residence. Peterson inquired about the retaining wall on the east. Lange proposed that it would be reolaced within a yea*', '*''d added the neighbors have no objections to the plans. Lindquist asked how far away the residence is located on the property to the north. Lange replied approximately 300’. Peterson noted an outhouse to the rear of the existing garage, and asked about removal procedures. Lange stated it has not been used for 40 years and will be covered over by the new garage. Smith inquired tne use of the large garage. Lange replied it will be used for storage of vehicles, maintenance equipment and snowmobi Ies and wi I I contain a work area. Mabusth stated it would be helpful to see a site plan showing the proposed removals. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE «ia37 - CONT. It was moved by Lindquist, seconded by Berg, to recommend aporoval of AoDlication »1837 for Cindy Fredrickson, 1516 Long Lake Boulevard, for variances to construct a detached garage, subject to the recommended hardcover removals and staff confirming those r emov a Is prior the final inspection. Ayes 4, nays 2. Smit h and Nolan voted nay as tney felt the garage was too large for the proper t y. (#10) #1838 ROBERT H. OWENS, 1700 BOHN’o .'OINT ROAD - CONDITIONAL USE PERMIT PUBLIC HEARING 9:40 - 9:54 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Robert .nd Tom Owens were present. Mabusth explained tne aopiicant proposes the installation ot a two- tiered block wall on tne bank of his lakeshore home which has sustained serious damage from al‘ tne rain. He is requesting a conditional use permit to allow repairs. Robert Owens reported another crack, imminent danger of collapse. He stated the bank is in Mabusth said this is an emergency situation and should be acted upon with urgency. Owens stated he is aware that the Ccunci • must approve any application, bat was not sure that the bank would last until the next meeting ind if it did not, it would dump hundreds of yards of dirt into ne lake and double the cost of repair. Nolan asked if appropriate siltation methods would be used. He pointed out tne exposed concrete patio walI, and questioned whether it would be possible to screen with vines or some other sort of vege t a 11on. Owens replied there are vines on tne structure to the south. The wall in question was replaced after the storm in 1987, and he suspected tnat they could encourage vines to grow along this wall also. Nolan suggested they include this structure in the landscape plan. Peterson noted there are no plantings on the repairs after the damage in 1987. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1838 - CONT. Owens noted soecified olantings were installed but they did not work . Smith asked if the concrete block patio is stable. Owens reoorted it is very stable. Rowlette noted the planter is to be removed. Owens agreed. It was moved by Lindauist, seconded by Nolan, to recommend expeditious approval of Application #1338 for Rcaert H. Owens, 1700 Bohn’s Point Road, for a conditional use permit to allow repairs of the lakeshore bank, subject to the planter being removed and screening be included in the landscape plan for the terrace wal Ayes 7, nays 0. Tom Owens asked if it would oe possible to get approval from the City Council prior to their next meeting. Goetten suggested he contact the City Administrator the next morning and they would make every effort to facilitate the project. (#11) #1839 ROBERT H. OWENS, 1700 BOHN’S POINT ROAD - VARIANCES - PUBLIC HEARING 9:55 - 10:00 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Robert and Tom Owens were present. Mabusth reportec the applicant proooses the addition of a dining area, a third staii to the existing garage, and a step leading from the new mam level patio doors. All the improvements are outside the 0-75’ setback and the applicant proposes removals of hardcover in excess of that added with the auditions. Peterson inquired aoout the manhole located in the driveway. Owens explained that is part of a tiling system that feeds into a 6“ plastic pipe which drains to the back yard. Lindquist asked how close to the lake the water is being deposited. 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1839 - CONT. Owens stated the pipe is perforated once it 9^ts past the house and is below grade about 3’. Most of the renter is gone by outlets into the lawn area but the pip'-g does end 30 me lake. the time it to 40’ from It was moved by Smith, seconded by Berg, to recommend approval of Application al339 for Robe^'t H. Owens, 1 700 Bohn’s Point Road, for variances to construct additions to his existing residence, subject to hardcoveer removals as shown on the plan, and subject to staff reviewing the drainage system off the driveway. Ayes 5, nays 1. Rowlette voted nay because she felt the applicant could have reduced Hardcover further in the 75-250’ zone. Owens stated there is which is not shown on an additional 4’ plastic area to be removed the plans. (#12) #1823 MARGE ROSSING, 130 CYGNET PLACE - VARIANCE - REQUEST TO REVIEW AMENDED PROPOSAL Marge Rossing was present. Mabusth explained the applicant proposes amend, '-t of her original request to include a 4x12’ wide deck on the no. theast side of the addition. She reported in lieu of landscaping to screen the existing detached garage, the applicant proposes a privacy fence. She added the applicant has almost completed work on the existing garage. She noted the applicant has not shown how she plans to control parking on the property. Rossing added sne proposes a split rail fence between the two garages. Mabusth stated that is to eliminate the undefined parking area and use of grassed lawn areas for parking. Peterson clarified the purpose of the new garage was to allow storage of vehicles inside. He expressed concern that the privacy fence would only encourage the storage of items outside. Lindquist questioned the gravel area around tne garage and asked if that is intended for parking. Rossing stated they intend to use the gravel area for the storage of their boats. She noted because of the existing tree line along the street property line, the privacy fence was the best alternative for screening. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1823 - CONT. Peterson reDortea tney just aporoved a subdivision for the Wirtjes orooerty to the rear of the Rossing home, and stressed that outside storage would Decome a oroblem when that lot is developed. Rowletle understood there would not be large commercial vehicles located on the orooerty. Rossing clarified she is allowed one per the ordinance, anc one- ton vans do not count as a commercial vehicle. Berg asked how many ceople live in the home and how many vehicles are on the oroof.rty. Rossing reoliec there are currently 4 adults in the home, but soon to be o, and they wi I I have 5 to 6 vehicles. Mabusth asked about tne numoer of boats and the size. Rossing reolied tyoicaliy it is only one boat - a 15’ runabout. Nolan asked about the storage of construction material outside. Rossing resorted her son is in the construction business, but typically only park-’ his truck on the property and construction material is stored off site. Mabusth indicated the business would require approval of a Home Occupation License. Rowlette expressea '-oncern that there is not enough parking ori the property for 6 venicies, and the need to appease the neighbors concerns about the appearance of the property. Lindquist stated he is not comfortable having any outside storage hidden behind a privacy fence. Mabusth roiteratea the issue here is not the variance for the deck addition, but rather the matter of a violation of all owed^ex terior storage in a residential yard. The applicant does not need a variance for construction of a secono accessory structure and installation of the fence. Lindquist stated he has no problem with tne deck addition. He asked their options regarding the storage. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1823 - CONT. Mabusth reolied staff would look to the ordinance that governs exterior storage. She added a commercial operation must not show outward signs of existence, and the 15’ boat stored outside is not a problem as long as it meets the required setbacks. Nolan asked if the City would police if they received comolaints. Maoustn resDonded affirmatively and reported the City has not recoIvod comolaints about the prooerty in the last few years. It was moved by Lindquist, to recommend aporoval of Application #1823 for Marge Rossing. 130 Cygnet Place, for a request to amend her original variance aoproval to include a deck, and the balance of the Commission’s concerns are addressed under the original aporoval. Maousth noted a Iandscace oian was original aoproval, but stated a berm falls within the right-of-way. required as a part of the wi I I not be possible as it Rossing stated that is why she proposes a privacy fence, and trees are already planted to the front of where the fence will be Iocated. Smith suggested she provide more mature evergreens to provide the yeai—round screening they hoped for. There was no second to the motion and Lindquist withdrew his motion. It was moved by Peterson, seconded by Lindquist, to recommend aporoval of Apolication #1823 for Marge Rossing, 130 Cygnet Place, for a request to amend her original variance aooroval to include a deck, subject to all conditions of previous approval, and the aoDlleant work with staff to determine an adequate landscape plan and imolement the olan based on staff’s recommendat i on. Ayes 2, nays 4. Smith, Nolan, Rowiette and Berg voted nay. Motion failed. It was moved by Nolan, seconded by Rowiette, to recommend denial of Aoplication #1823 for Marge Rossing, 130 Cygnet Place, for a request to amend her original variance aporoval to include jl deck. Ayes 4, nays 2. Peterson and Lindquist voted nay. Rossing asked the Commission members why they voted deck. to deny the 1 7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 ZONING FILE #1823 - CONT. Nolan voted nay because he felt they were creating a situation encouraging further abuse. Rowlette voted nay because she felt the deck should have been included in the original review. (#13) KENNETH FIGGE, 2004 SUGARWOOD DRIVE - REQUEST TO VARY FROM COVENANTS Kenneth Figge, Robert Mitchell, Mark Larames, L. Kramer and Sid Rebers were present. Mabusth explained this reauest includes interpretation of the covenants with respect to the curved drive, the pedestrian walkway ard filling in a protected/non-cIustered area. Larames. the landscape architect, explained the drive is proposed at 12’ width to meander to the autoport, alI within the allowed 20’ access corridor. Mitchell pointed out the intent of the covenant with respect to drives was to prevent drives from crossing the entire front yard. Mark stated the sidewalk was designed assuming walks were permitted. He stated there is a natural opening which meanders to the front door and would facilitate on-street parking. He felt it made sense to have a walk to the front door. Lindquist noted all other properties in the development use the drive to gain access to the front door. Mitchell pointed out on-street parking is allowed in the development. He added the covenants are specific in what they prohibit and sidewalks were not prohibi':ed. Nolan stated the, may not prohibit sidewalks, h.jt does prohibit grading in the front yard. Mabusth pointed out the covenant does state that only a 20’ wide access corridor is allowed within the front street yard. Mitchell added the covenants allow for landscape structures within the 50’ setback. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 i • KENNETH FIGGE, 2004 SUGARWOOO DR - CONT. Row Ie11e stated the intent of the covenant was to maintain as much vegetation as oossible in the front yards. She noted all other residences in this develooment have provided a sidewalk to the driveway. She felt that says something about the intent. Sid Rebers, develooer of the property, said he never considered ado Ing verbiage regarding sidewalks as he felt sidewalks should be based on individual preference. He stated, as head of the architectural committee for the development, ne would approve the walk and felt this home will be an asset to the develooment and Orono. Peterson asked if the lighting and horseshoe right-of-way. area are located on it is located in the road right-of-way and that road road over which the City has taken an access and Mabusth noted IS a orivate utility easement . Mitchell noted tne curb does have a curb to which the structure would extend to, and it is hoped that maintenance equipment would not go beyond the curb. He understood if the walk were installed as proposed, and later required to be moved, it would be at the homeowner’s expense. Nolan asked if there were any legal concerns they must address in setting a precedent as such. Mabusth felt they would be setting a precedent, but did not feel there would be any legal ramifications. Rowlette referred to a letter by Mitchell which states the walk is necessary to preserve the privacy to the property. She questioned that statement. Mitchell stated they hope to screen the utility portion of the property which is the driveway area, but create an invitation to the front door. Larames stated as for the need to fill In the rear protected area, there originally was a fence through the back yard which created a tree line, including a very large ash which has created a cam affect to the rear of the property and a 10" depression. They request permission to fill the deoression and to allow drainage to the east. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 KENNETH FIGGE, 2004 SUGARWOOO DR - CONT. Peterson stated this may help water move faster to tne Gill residence to the east. Nolan felt if the filling were allowed, it may help to creating ponding on the property to the west. Mark stated tne area to be filled is a pothole. Nolan stated he would be more interested in a permanent solution. Mark answered to make a gully through the trees to get to the swale area, they need to fill this pothole. Lindquist stated he is not comfortable with anything out a permanent solution. Mabusth noted tne orocerty owners/deve I ope'"s nave indicated they intend to seek approval of a conditional use permit in the near future to implement a more comprehensive plan to solve the drainage concerns. Peterson polled the Commission and all were interested in a long­ term solution. Rowlette referred to the handout explaining the covenants to builders. Condition refers to "landscaping structures , and she stated they must define this term. She noted major discussion during the PUD process in developing the covenants. Mitchell stated no one dreamed that sidewalks would be prohibited as the covenant is largely negative and it does not prohibit sidewalks. He added most residences have sidewalks to their front door. Nolan asked the builder if he would consider the removal of the half circle shaped structure at the end of the sidewalk. He agreed there is natural opening for the sidewalk and there appears to be a need to provide a walk to the front door. Mark stated the half circle structure was only provided for aesthetics and ties in with the other development on the property. He felt the walk fits in with the style of the home. It was moved by Peterson, seconded by Rowlette, to recommend approval of the request from Kenneth Figge, 2004 Sugc,rwood Drive, to install a 12’ wide curved drive. Ayes 6, nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 KENNETH FIGGE, 2004 SUGARWOOD DR - CONT. It was moved bv Berg, seconded by Rowlette, to recommend aobroval of the request from Kenneth Figge, 2004 Sugarwood Drive, to allow filling in the rear yard, subject to a conditional use permit aoplied for within 60 days from approval for a comprehensive solution to the problem. Ayes 6, nays 0. It was moved by Lindquist, seconded by Smith, to recommend denial of the request from Kenneth Figge, 2004 Sugarwood Drive, of the installation of a sidewalk to the front door from the street. Ayes 4, nays 2. Nolan and Peterson voted nay. Rowlette stated she would be willing to approve the sidewalk if it were presented in a more natural fashion and toned down. Al I agreed. Mabusth stated she is not convinced that Department would approve the portion of the within the right-of-way. No Ian asked the builder if he would be willing half circle portion of the walk. the Pub Iic Works structure located to eliminate the Kramer stated if that is the only way to gain approval, he would agree. He said he did not design the walkway but was told it fits with the look of the improvements on the property. It was moved by Nolan, seconded by Rowlette, to recommend approval of the request from Kenneth Figge, 2004 Sugarwood Drive, to instalI a sidewalk from the street to the front aoor of the residence in a straignt configuration, based on the clear opening through the front yard, the existing grade is suitable to the installation, and excessive grading wi I I not be necessary, and the access drive is 12’ opposed to the allowable 20’. Lindquist suggested in the future sidewalks be on the original plans to be approved with the building permit. Vote: Ayes 6, nays 0. (i14) REPORT BY PLANNING COMMISSION REPRESENTATIVE Nolan reported on Counci I action on items presented to them at their last meeting. (#15) OTHER ISSUES None • • MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 21, 1993 (#16) APPROVAL OF MINUTES It was moved by LindQuist, seconded by Berg? to approve the minutes of the May 17, 1993 Planning Commission meeting, subject to the amended that Smith abstained from the vote on the Wirtjes application. Ayes 6, nays 0. (#17) REPRESENTATIVE TO THE COUNCIL MEETING Peterson and Rowlette volunteered to attend the meeting July 12, 1993 Council meeting. ADJOURNMENT Acting Chair Peterson adjourned the regular Planning Commission meeting at 11:25 p.m. Charles Schroeder, Chair Person LAKE MINNETONKA CONSERVATION^lJilSPrlRI^f BOARD MEMBERS David H. Cochran. Chair Greenwood Tom Penn. Vice Chair Tonka Bay Douglas E. Babcock. Secretary Spring Park Scott Carlson, Treasurer Minnetrista Mike 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 Victona Robert Rascop ShorewoocJ Tom Reese Mound Robert E. Slocum Woodland 900 EAST WAYZATA BOULEVARD. SUITE 160 • WAYZATA, MINNESOTA 55391 • TELEPHONE 61Z'473-7033 EUGENE R. STROMMEN, EXECUTIVE DIRECTOR r ■' " —c 9^ YOU AND YOUR GUEST ARE INVITED TO PARTICIPATE IN THE PUBLIC OFFICIALS LAKE TOUR AND LUNCHEON SATURDAY, AUGUST 7, 1993 ON LAKE MINNETONKA HOSTED BY THE LAKE MINNETONKA CONSERVATION DISTRICT All Aboard at 11:00 AM Return to Port at 2:00 PM at the LAFAYETTE CLUB DOCK 2800 Northview Road, Minnetonka Beach (please observe designated parking areas) Please RSVP by Friday, July 30, including guest's name, 473-7033 The Lake Minnetonka Conservation District Board of Directors announces the following MINIMUM WAKE RESTRICTION for Lake Minnetonka effective as of July 17, 1993: MINIMUM WAKE REQUIRED DURING THIS DECLARED HIGH WATER EMERGENCY Minimum Wake Required 600 feet distance from shore and in. .the foil owing named bays : * Emerald Lake Libb’s Lake Seton Lake Echo Bay Bay St. Louis * Black Lake * Coffee Cove Big Island Passage * ★ * * * * Robinson's Bay Tanager Lake Forest Lake Veteran’s Bay Carson’s Bay Excelsior Bay Old Channel Bay Smithtown Bay Priest’s Bay St. Alban's Bay ** Gray’s Bay Stubb's Lay Harrison's Bay Carman’s Bay Jenning's Bay Smith’s Bay "Minimum Wake" means the wave moving, p.ut. from a watercr.af_t and trailing behind in a widening pj. insiLfJicierLt to affect other watercraft or be detrimental, to. iJie. shorel ine..^ VIOLATION IS SUBJECT TO HENNEPIN COUNTY SHERIFF WATER PATROL CITATION Your proper boat operation to preserve the shoreline of Lake Minnetonka from further erosion and water pollution due in large measure to boat wakes will be beneficial to all. This Minimum Wake regulation .will remain in effect, unt.il ihe LMCD executive director determines that the Lak.g. Minn/*tonk^ ] 3)^e 1 evel has been 1 owered to 929.8.L tT>ean. se_a .l.evel arid so. publical 1y announces. THANK YOU! * ** These bays are long-standing "Minimum Wake" areas ^ •_ _ _ til# • r.7 W A**This bay is a long-standing weekends Minimum Wake" area on BOARD MEMBERS I David H. Cccnran. Cha;f Gfoenwocd 7cm Penn. Vice Chair Tonka Bay Cougias E. Babcock. Secretary Spring Park Scott Carlson. Treasurer Minnetnsia Mike Biocm Minnctonna Beach A’bert (Bert) Foster Deepha.'on James N Grairuvol E^ceisior JoEllen L. Hurr Orono 7/iiliam A Johnslor.e Minnetonka Ouane Markus VVaycata George C Owen Victoria Robert PascoD Shorewccd Tom Reese Mojr^d P:bedE Slocum wVooa and L- LAKE MINNETONKA CONSERVATION DISTRICT 9C0 EAST WAYZATA ROULcVARD. SU-E icO • VVAYZATA. f.UJNESOTA>5391 • TELEPHONE 61? .^3-7033 EUGENE n. STROMMEN EXECUTIVE DIflECTOM July 21, 1993 James C. Hurm City Administrator CITY Or SHCREWOOD 5755 Country Club Rd Shore-wood, MN 55331-8927 fjUL <■ 2 Dear Jim: Thc.nk you for taking the time to call our attention to the legislative provisions limiting LMCD funding from all municipalities to .00242 percent of the total taxable market value within the district unless three-fourths of the municipalities pass a resolution concurring to the additional costs. Our office had not received the details of this 1993 legislative change. We were aware that the .00242 percent had been retained, but not the 3/4 city provision for approving additional costs. You are correct in that the cost to the cities of the administrative levy of $103,500, combined with the Eurasian water milfoil city contributions of $63,000 exceeds .00242 % of the taxable value. The Eurasian water milfoil program, however, has been operated as a voluntary contribution progr^ by both city and private funding since its 1989 inception. Nearly all cities met their annual levy amount in 1989, raising $82,653 of the operating budget. Private contributions covered the balance. The budget for city contributions was reduced to $60,000 in 1990 and later increased to $63,000, again on a voluntary basis. You will note that the 1994 budoet identifies this as a city contribution. The weed harvesting program is subject to very unreliable funding. The city contributions, along with modest private contributions, have on occasion been supplemented by the MN DNR totaling $60,000, and Hennepin County totaling $83,000 in 1991 and a match of $57,280 in 1993. No state or county funds are available for 1994. We trust this answers your concerns. Please let us know of your city's understanding on this matter. Sincef'4ly, Eugene R. Strommen Executive Director MAYOR Jan Haugen COUNCIL Knsti Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD. MINNESOTA 55331 • (612)474-3236 March 1, 1989 Mr. Gene Strotnmen Lake Minnetonka Con.sorvation Discricc 402 Last Lake Street Wayzr. ta, MN 5539 L Dear Gene: The City Council of Shorewood, at their February 1-3 meeting, authorized a contribution to the LMCD to aid in efforts to control the Eurasian Milfoil Lake Minnetonka. The contribution amount of is equal to the Citv's 1989 contribution to the LMCD, Payment will be made in two installments. The first installment of $5,000.00 will be paid on March 1 anc the final installment of $3,913.00 will be paid ilay .. Enclosed please find a check in the amount of $5,000.00 in payment of the first installment. We wish you and the LMCD success in your endeavor to control this problem. Sincerely^ / •/ / • / ^ f <f\ vAlan J. Rolak Financial Director ' /:\ enci . AJR/wd r' * } ✓ V»V V •v‘r' .; V REClitViiO MAP. 3 i369 i/, ’t’ 4 rfr‘<:ii/i'nfr }l Comnwnitv I " '.I'f'retnnk.i s South Shore MAYOR Barb Brancel ■JUL' 2 a '1993 .““S Rob Daugherty Daniel Lcsvii Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331*892? *-(6 2) 474-3236 July 19, 1993 Gene Strommen LMCD 900 East Wayzata Dlvd Wayzata, MN 55391 Dear Gene: Enclosed please find the legislative language limiting LMCD's funding from all municipalities to .00242 percent of the total taxable market value within the district unless three-fourths of the municipalities pass a resolution concurring to the addition^.l costs. .”his was provicJed to me by Representative Jerry Knickerbocker. The cost to the cities should clearly include all costs, both administrative and Eurasian Water Milfoil Program costs. Based on 1993 market values this limit would be around $140,716. LMCD*s total request from the cities is $166,500. Therefore, it appears you should be preparing a resolution for at least three-fourths of the cities to pass. If you can, please provide me with information showing the request is less than .00242 percent of the taxable market so we know we are following State Statute. Thank you for your assistance in this matter. Sincerely, OF SHOREWOOD J^fmes C. Hurm, City Administrator cc: Bob Rascop Shorewood Mayor & Council members Lake Administrators A Residential Community on Lake Minnetonka's South Shore Bl... HOl.frE IR CfiUCUS ID:JUL 16 8:04 Mo.004 P.Ol Conference Coiniuiilcc Report Scclion 5 May 18. 1993 Pace 21 liiriiiCioii adjustment. Provider that bcj;inninc wirli pro^Kity tax refunds ptiyable in calendar year 1995 the coniinissiuiicr xliall annually ndju.^l the dollar uir.oimis of the income ihrcsliold' and the maxiiniim refund amount for Lnllalion. Tl»c dctcnninntion of the coinmissuinc. under tins subdivision is not a rule under the Adiuinisu'ativc Proealmes Act. Kciitcrs’ property tax icfuiid and (ari^etiiig. Transfers funding for largcfing from tiic General Fund to the Local Government Trust l‘und. Transfers largciing effective in fiscal year 1994, and the rciners* property lax refund in fiscal year 1997. Increased TFR for renters, 1995. Provides increased propeny Lax refunds for renters, if the receipts of die local government trust fund nre csiimatcrl to exceed authorized spending (or fiscal year 1995. The commissioner of fin.incc is directed to csiimaic uust fund rcccipis for fiscal year 1995 by July 1, 1994. If dte estimated receipts exceed the amounts appropriated f’om ihc trust furid. the lirrd S3 luillion will be used to propuruonaicly increase piopcny tax refunds to rcnicrs. Instructs the department to add any propniiionatc incicasc to the regular propcity tax refund, so (hat only one check is issued per recipient. If any additional refunds arc made under this scclion. the ebnunissioner of revenue is directed to rccoiiuncnd inodificaiions to the property tax refund schedule to make (he increase permanent. Effective dates. Article 7 Triilli In Taxation and Levy Limit Technical Lake Minnetonka conservation district levy limit. Provides that the levy limitation for the L.'ikc Mmncinnka conservauon disinci shall not exceed an amount equal lo .UU242 percent of the total taxable maikci value of the district, unless 3/4 of the municipalities pass a rcsoluiiuii concurring lo the additional costs. Regional public library dislricl definilion. Defines the term *’icgionaJ public library chsiricl" ns a goveinmental unit fonned lo (>pernic multicouily public library services. Regional library district. Subdivision I '^(atiiishiiipiit. Authorizes the csiablishmcm of two regional public library disuuMs: one in the area of the existing Grcai River regional library system and a second in the area of the East Central regional library system. Subd. 2. Forinatiun. Describes the procedure and method for establislilng the icgionaJ public library district llirous;h (1) an approval of a majority of the city councils Rese Mch Depaiimoni Minnesota House of Reprosenlatives GOO Slate Otttce Building • > 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 • H.K. Nn. '1-7 under Minnesota Gtatutes> r.prtion 290A,07. The comnius 1 onerj^£ adiustmentr, nre final. It, as a result of thp^mmissioner a ontinaten the additional refund paid und^r this nection exceeds the amount the commir,Gtoner originally determined ^—tho a V a liable local qovernnent trust fund surplus» the excess—^ app.'opr 1 ated first from any renaining local government—tfyr»t fund gvirplus and theiit if necosnarv^ from the general fund. (b) If an additional apprenriation is made under the provision of paragraph (a)> the conunissioner of revenue shall rncomn\end modifications of the property tax refund schedule to the 1995 legislature to provide an equivalent permanent increase in the property tax refund for renters. Sec. 0. (rrrECTivL date.) nnction 1 is effective for refunds payable Cor rents paid in 1993 and property taxes payable in 1994 » and thereafte^._ Sections 2 and 3 are effective for refunds payable for rents paid in 1992 and property taxes payable in 1993, and 10 thereafter. Section 4 is eftective for refunds for property taxes payable In 1994^ 1995. and 1996 only. ARTICLE 7 TRUTH IN TAXATION AND LEW LIMIT TECHNICAL Section 1. Minnesota Statutes 1992# section 103B.635# subdivision 2, is amended to reads Subd. 2. (MUNICIPAL FUNDING OF DISTRICT.! (a) The governing body or board of supervisors of each municipality in the district must provide the funds necessary to meet its proportion of the total cost determined by the board, provided the total funding from all municipalities in the district for the costs shall not exceed an amount equal to .00242 percent of the total taxable market value within the district,unless three-fourths of the municipalities in the district pass a resolution concurring to the additional costs. (b) A-manieipeibity-may-rei®®-ths-fends-by-eny-f^eans-that the-mu nici pa itry-ha3-^n-rot-5e-ftjnd3T--Thp-*n^n»ctpe litres-may pach-icvy-a-tax-nofc-to-exceed-T89242-pcrcent-of^taxabie-rftfi^e 177 HOUSE IP cnucus ID:JUL I»j'93 8:05 Mo.004 P.03 1 2 3 4 6 7 0 9 10 11 12 13 14 15 16 CHAPTER No. 376 vH.F. No. 427 vaitte-on-the-fcoxoble-properfcy-loc«ted-in-the-di3tricfc-Cor eanding-fehe-diatricfeT—The-iexy-Basfc-be-withtn-oii-ofcher iimifcofeiens-provtded-by-iawT tei The funds must be deposited in the treasury of the district in amounts and at times as the treasurer of the district requires- Sec. 2. Minnesota Statutes 1992, section 134.001, ir. amended by addinq a subdivision to read: Subd. a. [RECIOMAL PUBLIC L1BRAB7 DISTRICT.) "Regional public library district" mean.s a governmental unit formed according to this chapter to operate multicounty public library aervices» Sec. 3. {134.201) (REGIOHAL LinPARY DISTRICT.) Subdivision I. t r-gTam.iSHMEMT. 1 Regional public library districts may be established under this section in the areas_oJ, the existing Great River Regional library system and the Eas^ 17 Central Regional library system. The geographic boundaries, IB shall be those established by the state board of education under 19 section 134.34, subdivision 3. 20 Subd. 2. (FORMATION.) A regional public library district 21 may be formed by: 22 (11* approval of a majority of the city councils and boards 23 of county comisi.ssioncrs of the cities and counties that_£inance 24 regional public library system services and represent a majority 25 of the population to be served; or 26 (?) a majority of those voting on the issue in the entire 27 area to be served by the district in a referendum called after 28 petitions for the referendum have been filed in each of the 29 local qovernn’ental units. Petitions must be signed by eligible 30 voters in a number not less than five percent of the number of 31 persons who voted In the last general election in each city and. T7 r-niinry le a p.Tr<-y to »:ho eyctmm oontraot o 33 A city that is not participating In a regional public 34 library system may join the district by majority vote of_tjie 35 city council or by referendum under clause (2) and with the 36 board of the regional public library district Metropolitan Waste Control Commission Meats Park Centre. 230 East Fifth Street. St. Paul. Minnesota 55101-1633 612 222-8423 July 12, 1993 w w I t 1 5 199.^ Ms. Dorothy Hallin Clerk City of Orono fffi Box 6 6 j ___11: Crystal Bay, MN 55323 SUBJECT: MWCC Matching Grant for Infiltration/Inflow Control Dear Ms. Hallin: I regret to inform you that your application for a matching grant did not receive a grant offer. The Board authorized offers to nineteen community projects by Resolution 93-146 on June 15, 1993. A table of applicants and grant offers is enclosed. One additional offer is pending action at the July 20 Commission meeting. These twenty grants will fully encumber the $200,000 funding allocated to this program. The Commission has been asked by the Metropolitan Council to evaluate the costs of implementing a future grant or loan program for community infiltration/inflow assistance. The Commission will inform you of any new program if it develops. The Commission appreciates your interest and efforts to reduce infiltration and inflow in the Metropolitan Disposal System. We encourage you to continue a systematic program of wastewater collection system monitoring, inspection and rehabilitation. If you have any questions regarding the Commission's infiltration/inflow program, you may telephone Wayne Rikala at 229- 2127. Sincerely, Enclosure L26.PF cc: Commissioner Janice Haugen - MWCC Precinct B Equal Orportunity/Affirmativa Action Employar - .G PERMITS ISSUED/FEES COLLECTED r ■YE/iR-TO-DATE 0REPORT NBR. BPRMTISS-1 DATE OF RUN 37/02/93 PERMIT ISSUED REPORT CITY or ORONO PAGE:REQUESTER: LIN-- CURRENT RANGE - 01/01/93 - 06/30/93PERMIT TYPE Buildlna SQL FAMILY-NEW SF-ADO/REMOOEL SF-ACC STRUCTURE DEMO/PRINCIPAL COMMERCIAL-NEW COM-ADO/REMOOEL DEMO INSTITUTION-NEW INST-ADO/REMODEL INST-ACC STRUCT INST-LAND ALT PLAN REVIEW ONLY DEMO-ACCESSORY ACC/QARAQES Sub-tot•! Mechanical HEATING SYSTEMS AIR CONDITIONING WOOD STOVE/FLUE FIREPLACE VENTILATION FUEL STORAGE GAS LINE INSPECT DUCT WORK ONLY REMOVE OIL TANK UNDEFINED Sub-total Plumbing FIXTURES WATER METER REPLACE METER UNDEFINED Sub-tot al Sewer & Water SEWER CONNECTlOK WATER CONNECTIO' NEW SEPTIC SYST DRNFLD &/0R TAN SAC ONLY SEWER DISCONNECT SEWER & WATER UNDEFINED Sub total Sign PERMANENT/POSTED PER./FREE STANDQ TEMPORARY QTY BASE FEE VALUATION PLAN REVIEW QTY 13 100 13 3 0 2 1 0 1 1 1 1 6 4 146* 13,169 18,819 1,970 150 0 108 30 0 059 330 0 0 180 428 37,244 .00 .00 .50 .00 .00 .00 .00 .00 .50 .00 .00 .00 .00 .00 .00* 2,761,624 2,314,957 203,770 0 0 5,500 0 0 220,000 37,000 0 0 1,000 254,900 5,798,751 .00 .44 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .44* 8,559.90 9,010.35 1,250.29 0.00 0.00 70.20 0 0 688 214 0 984.43 0.00 928.20 21,706.55* 00 00 68 50 00 12 86 15 3 1 0 0 2 0 0 0 1 2 6 128* 32 7 1 24 1 1 5 7 1 1 80* 3,024 358 30 1,188 35 639 165 242 35 35 5,752 .15 .75 .00 .01 .00 .11 .00 .50 .00 .00 .52* 150,987 24,755 1,000 67,025 1,500 51,129 1,000 6,952 1,200 1,900 307,448 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 35 12 2 18 3 1 6 3 7 0 87* 66 6 1 0 73* 4,984.22 1,356.00 0.00 0.00 6.340.22* 287.038.30 0.00 0.00 0.00 287,038.30* 0.00 0.00 0.00 0.00 0.00* 52 7 0 261* 33 2 5 2 32 0 4 0 78* 1 144.50 70.00 500.00 100.00 19,500.00 0.00 280.00 0.00 21,594.50* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 00 0.00 0.00 0.00* 0 0 0 0 00 00 00 00 0.00* 4 1 3 18 2 1 3 1 33* 0 0 1 0.00 0.00 30.00 0.00 0.00 0.00 0.00 0.00 0.00 4 1 2 . . . . PREVIC)US RANGE. . . .01/01/92 - 06/30/92BASE FEE VALUATION 'LAN REVIEW 16,546.50 3,734,040.00 10,755.28 15,939.50 2,117,288.00 9,372.73 1,515.00 127,800.00 973.70 149.50 1,000.00 0.00 797.00 145,000.00 518.05 0.00 0.00 0.00 O.OC 0.00 0.00 4,206.00 1,175,891.00 2,733.91 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15.00 0.00 15.00 60.00 1,000.00 0.00 •64.00 45,150.00 356.85 39,792.50*7,347,169.00*24,725.50* 1,905.00 53.00 0.00375.00 5.00 0.00 90 00 1.00 0.00 585.00 10.00 0.00 90.30 1.00 0.00 60.00 0.00 0.00 180.00 3.00 0.00 90.00 0.00 0.00 210.00 4.00 0.00 0.00 0.00 0.00 3,585.00*77.00*0.00* 5,229.00 0.00 0.00 1,231.00 0.00 0.00 0.00 0.00 0.00 60.00 0.00 0.00a,520.00*0.00*0.00* 120.00 0.00 0.00 30.00 0.00 0.00 300.00 0.00 0.00 840.00 0.00 0.00 0.00 0.00 0.00 30.00 0.00 0.00 180.00 0.00 0.00 30.00 0.00 0.00 1,530.00^0.00*0.00* 120.00 3,867.00 0.00 30.00 1,000.00 0.00 60.00 1,000.00 0.00 G PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATEREPORT NBR. BPRMTISS-l DATE OF RUN 07/02/93 PERMIT ISSUED REPORT CITY OF ORONO PAGE; 2 REQUESTER; LIN-- CURRENT RANGE - 01/01/93 - 06/30/93 -- PREVIOUS RANGE - 01/01/92 - 06/30/92PERMIT TYPE OTY jAse fee VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEWSub'total 1»30.00*0.00*0.00*7*210.00*5,867.00*0.00*FireLAWN SPRINKLER 4 140.00 0.00 0.00 7 210.00 0.00 0.00 Sub-total 4*140.00*0.00*0.00*7*210.00*0.00*0.00* U»er OafIned. _ LAND ALTERATION 4 225.00 0 00 0.00 s 30S.00 202,000.00 0.00 TREE REMOVAL 1 30.00 0.00 0.00 1 30.00 0.00 0.00 RETAINING WALLS 1 117.00 9,700.00 0.00 0 0 00 0.00 0.00 Sub-tot al 6*372.00*9.700.00*0.00*7*335.00*202.000.00*0.00* Grand-total 388«*71,473.24**6.402,937.74**21.706.55**330**52,182.50**7.555.113.00**24,725.50** *' i- i PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATE Page 3 AREPORT NBR. BFEERPT2-1 DATE OF RUN 07/08/93 •• PERMIT FEE REPORT •• CITY OF ORONO FROM 01/01/93 TO 06/30/93 PAGE: 1REQUESTER: CAROLEBUILDINGMECHANICALPLUMBINGSEWER & WATER USER SIGN FIREBASE FEE 37.244.00 5.752.52 e.340.22 21,594.50 372.00 30.00 140.00PLAN REVIEW 21.706.55 0.00 0.00 0.00 0.00 0.00 0.00SURCHARGE2.904.84 165.48 154 10 25.00 4.85 0.00 2.00 Lie. SEARCH FEE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SAC 4.500.00 0.00 0.00 4.500.00 0.00 0.00 0.00 INVESTIGATION 110.00 70.00 0.00 0.00 u.OO 0.00 0.00 DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SEWER CONNECTION MAIL IN MAI IN WATER CONNECTION 7.899.57 3.531.18 60.35 1.50 33 00 910.60 PERMIT TOTAL 77.966.14 6.049.85 6.527.32 27.030,10 376.85 30.00 142.00 REPORT NBR. BFEERPT2-1 DATE OF RUN 07/08/93 •• PERMIT FEE REPORT •• CITY OF ORONO FROM 01/01/93 TO 06/30/93 PAGE: 2 REQUESTER; CAROLE BASE FEE PLAN REVIEW SURCHARGE Lie. SEARCH FEE SAC INVESTIGATION DEPOSIT SEWER CONNECTION HAIL IN MAI IN WATER CONNECTION PERMIT TOTAL REPORT TOTAL 71.473.24 21,706.55 3.256.27 0.00 9.000.00 250.00 0.00 8.810.17 93.351.50 3.531.18 118.122.26 ZONING PERMITS ISSUED/FEES COLLECTED /T YEAR-TO-DATE i" A? »REPORT NBR. BPRMTISS-1 DATE OF RUN 07/02/93 PERMIT ISSUED REPORT CITY OF ORONO PAGE: 1REQUESTER: LIN— CURRENT RANGE - 01/01/93 - 06/30/93 -- PREVIOUS RANGE - 01/01/92 - 08/30/92PERMIT TYPE QTY BASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEWUter Defined _ _ _ _ ^SUBDIVISION t 2.255.00 0.00 0.00 8 3.935.00 0.00 D.DOVARIANCE305,600.00 0.00 0.00 24 4,500.00 0.00 0.00CUP71,225.00 0.00 0.00 13 1,650.00 0.00 0.00 SKETCH PLAN 1 450.00 0.00 0.00 i 0.00 0.00 0.00 VARIANCE/CUP 1 250.00 0.00 0.00 I 175.00 0.00 0.00 VACATION i 150.00 0.00 0.00 0 0.00 0.00 0.00 Sub-totil 4J*9,930.00*0.00*0.00*47*10,260.00*0.00*0.00* Orand-tot al 4S**9,930.00**0.00**0.00**47‘*10.260.00**0.00*4 0.0044 REPORT NBR. BFECRPT2-1 DATE OF RUN 07/02/03 •• PERMIT FEE REPORT •* CITY OF ORONOFROM 01/01/93 TO 08/30/93 BASE FEE USER 9,930.00 REPORT TOTAL 9,930.00 PLAN REVIEW 0.00 0.00 SURCHARGE • 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 PERMIT TOTAL 9,930.00 9,930.00 PAGE: REQUESTER: LIN .1 - J / , •'4: 1993 RECAP OF CONTRACT CITIESJonuory February March April June July August Scptcfnbcr October NoveTibcr Oeccfnbcr YTO TotalsSpring ParkPlan Review 0.00 539.83 386.43 218.73 76.05 368.23 1,589.27Inspections60.00 105.00 135.00 90.00 150.00 150.00 565.00Retainer25.00 25.00 ' 25.00 25.00 25.00 25.00 150.00TOTAL85.00 669.83 546.43 333.73 251.05 543.23 2,«9.27 No* Plan Reviews 0 3 1 1 1 2 8 No. Inspections 4 7 9 6 10 10 46 Minnetonka Beach Plan Review 0.00 46.80 122.85 281.13 316.23 2.787.86 3,554.87 Inspections 75.00 120.00 240.00 75.00 105.00 195.00 810.00 Retainer 25.00 25.00 25.00 25.00 25.00 25.00 150.00 TOTAL 100.00 191.80 387.85 381.13 446.23 3.007.86 4,514.87 No. Plan Reviews 0 1 1 2 2 2 8 No. Inspections 5 8 16 5 7 13 54 165.00 861.63 934.28 714.86 697.28 3.551.09 6.944.14 o PERMITS ISSUED/FEES COLLECTLL»i>' •••w-JULY 1993REPORT NBR. BPRMTISS-l DATE OF RUN 07/02/93PERMIT TYPEBuildlnaSQL FAMILY-NEWSF-AOD/REMODELSF-ACC STRUCTURECOM-AOD/REMOOELDEMO DEMO-ACCESSORY ACC/QARAGES Sub-total Mocbanlcol HEATING SYSTEMS AIR CONDITIONING WOOD STOVE/FLUE FIREPLACE FUEL STORAGE GAS LINE INSPECT DUCT WORK ONLY REMOVE OIL TANK UNDEFINED Sub-total Plumbing FIXTURES WATER METER UNDEFINED Sub-total 5e^«r & Water SEWER CONNECTION NEW SEPTIC SYSTE DRNFLO &/OR TANK SAC ONLY SEWER A WATER UNDEFINED Sub-total Sion PERMANENT/POSTED Sub-total Fire LAWN SPRINKLER Sub-total User Defined LAND ALTERATION TREE REMOVAL RETAINING WALLS Sub-total Grand-total 16 1 017* PERMIT ISSUED REPORT CITY OF ORONO06/01/93 - 06/30/93QTYBASE FEE VALUATION64,450.50 838.224.00203,573.50 400,501.003720.50 81,200.00154.00 3.000.00130.00 0.00 2 60.00 1,000.00 3 1,320.00 246,000.00 36*10,208.50*1,569,925.00' 7 879.59 70,367.00 0 0.00 0.00 1 30.00 1,000.00 2 70.00 2,300.00 1 639.11 51,129.00 1 35.00 275.00 2 70.00 2,000.00 1 35.00 1,200.00 1 35.00 1,900.00 16*1,793.70*130,171.00 PLAN REVIEW 1,084.76 235.00 0.001,310.78* 70,621.25 0.00 0.0070,821.25« 2.89? 85 2,060.84 458.58 35.10 0.00 0.00 858.00 6,305.37* 0.00 0.00 00 00 00 00 0.00 0.00 0.00 0.00* 0.00 0.00 0.000.00* 14 490.00 0.00 0.00 3 300.00 0.00 0.00 0 0.00 0.00 0.00 8 5.250.00 0.00 0.00 2 140.00 0.00 0.00 0 0.00 0.00 0.00 27*6.180.00*0.00*0.00* 0 0.00 0 00 0.00 0*0.00*0.00*O.OQ* 4 140.00 0.00 C.OO 4«140.00»0.00*0.00* 1 50.00 0.00 0.00 1 30.00 0.00 0.00 1 117.00 9.700.00 0.00 3*197.00*9.700.00*0.00* OTY226600 0 2 36* 7 9 0 5 0 0 0 0 0 21* 7 1 18 2 2 9 0 1 1 15* 1 1* 5 5* 1 0 0 1* P<iQE:REQUESTER: LIN06/01/92 - 06/30/92BASE FEE VALUATION PLAN REVIEW3.641.50 875,000.00 2,366.982.303.00 190,810.00 1.209.65683.00 58,000.00 432.900.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 207.00 18,900.00 134.55 6,834.50*1,140,710.00*4,144.01* 360.00 0.00 0.00 270.00 0.00 0.00 0.00 0.00 0.00 165.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 795.00*0.00*0.00* 735.00 0.00 0.00 235.00 0.00 0.00 30.00 0.00 0.00 1,000.00*0.00*o.cu* 60.00 0.00 0.00 200.00 0.00 0.00 450.00 0.00 0.00 0.00 0.00 0.00 60.00 0.00 0.00 30.00 0.00 0.00 800.00*0.00*0.00* 30 00 1,185.00 0.00 30.00*1,185.00*0.00* 150.00 0.00 0.00 150.00*0.00*0.00* 50.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50.00*0.00*0.00* 103 19,838.96** 1,780,417.25**6,305.37**88 «•9,659.50** 1,141,895.00**4,144.08** . ^5^ PERMITS ISSUED/FEES COLLECTED JULY 1993 1 ^REPORT NBR. BFEERPT2-1 DATE OF RUN 07/08/93 CITY OF FROM 06/01/93 REPORTORONOTO 06/30/93 PAGE ;REQUESTER: CAROLEeUILOINGMECHANICALPLUMBINGSEWER & WATER USEP SION FIREBASE FEE 10.208.50 1.793.70 1,319 76 6,180.00 197.00 0.00 140.00PLAN REVIEW 6,305.37 0.00 0.00 0.00 0.00 0.00 0.00SURCHARGE786.55 65.54 36 95 10.50 4.85 0.00 2.00Lie. SEARCH FEE 0.00 0.00 0.00 0.00 0.00 0.00 0.00SAC1.500.00 0.00 0 00 750.00 0.00 0.00 0.00 INVESTIGATION 117.00 40.00 0.00 0.00 0.00 0.00 0.00 DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.03 C 00 HAIL IN SEWER CONNECTION 225.00 14.00 10.00 PERMIT TOTAL 19,142.42 1.913.24 1.366.71 6.940.50 201.85 0.00 142.00 REPORT NBR. BFEERPT2-1 DATE OF RUN 07/08/93 BASE FEE PLAN REVIEW SURCHARGE I£C. SEARCH FEE SAC INVESTIGATION DEPOSIT MAIL IN SEWER CONNECTION PERMIT TOTAL REPORT TOTAL 19,838.96 6,305.37 906.39 0.00 2,250.00 !57.00 0.00 24.00 225.00 29.706.72 •* PERMIT FEE REPORT •• CITY OF ORONO FROM 06/01/93 TO 06/30/93 PAGE: 2 REQUESTER: CAROLE o • .•FRI. JUL 2. 1883, 4:18 PMPERMITS ISSUED FOR THE MONTH OF JULY 1993PERMIT WORN AODR NBR STREET ISSUED PADS 1PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATION ■ -NORWOOD 180,000.00QRONBERQ144,000.00ABRAHAMSON155,724.00 * •CARLSON 8,500.00 i CARLSON 90,000.00 BORDSON 260,000.00 BICHANICH 60,000.00 •i GOODYEAR 85,900.00 * PETERSON 14,350.00 KUBALSKY 28,750.00 MAHONEY 75,000.00BENNETT225,000.00 MANLEY 12,000.00 LILJEQUIST 9,000.00 ANDERSON 2,576.00 • - iCAVAN3,700.00 $ EQQERT 2,000.00 <% MODARES 5,000.00 NOLAN 2,575.00 DILLMAN 1,500.00 1 CORNELIUS 10,000.00 • DAHLOERO 45,000.00 MESHBESHER 36,000.00 CARLSON 650.00 4 # ROLAND 10,000.00 ** r QORDER 1,500.00 ’ MICHAUD 1,000.00 QABRIELSON 200 <;0 .DO * f GOODYEAR .00 9 LILJEQUIST 1,000.00 OTTEN 3,000.00 LORD.JR 20,000.00FUNK18,000.00 NELSON 40,000.00 POPP 18,000.00 KIMMEL .00 • FIQGE .00 HALORSON .00 MACMILLAN .00 FELDMAN 1,200.00 1,500.00 MCCARTHY 275.00 FINNEY 3,220.00 LINDBLAD 4,847.00 CARLSON 1,200.00 • CARLSON 1,100.00 t.COO.00 SAPA 800.00 LORD 1,0C0.00 36C 01010101 01 01 02 02 02 02 C2 03 04 04 06 06 06 06 06 06 08 08 09 10 11 11 11 15 17 17 17 .29 29 29 30 36C 01 01 02 02 4C 01 01 01 01 01 01 01 01 02 02 1205UO4629610 620 1290 332 712 100 1376 2760 315 3470 3490 1205 699 1371 2480 1540 225 960 455 2010 1305 1000 1800 2408 1115 1955 712 3490 2380 3505 540 3908 1305 960 2004 3120 1700 1725 2505 2490 4195 3505 620 620 65 1015 3505 LAKEVIEW AVELEAF STTONKAVIEW LA BIO ISLAND BIQ ISLAND ORONO OAKS DR WESTLAKE ST TONKAWA RD NORTH SHORE DR NORTH ARM DR PHEASANT RD TONKAWA RD BAYSIDE RD BIRCH LA DICKENSON ST WILDHURST TR REST PT LA OLD BEACH RD FOX ST WILLOW DR S TONKAWA RD FERNDALE RD N SUGARWOOD DR ELNWOOO AVE WILLOW DR S LAKEVIEW TER CASCO POINT RD WILLOW DR S SHORELINE OR TONKAWA RD BIRCH LA WAYZATA BLVD W CRYSTAL PL OLD CRYSTAL BAY RD CHERRY AVE SHORELINE DR PARTENWOOD RD SUGARWOOD OR NORTH SHORE DR FOX ST BOHNS PT RD OLD BEACH RD OLD BEACH RD HIGHWOOO RD LYRIC AVE BIQ ISLAND BIQ ISLAND FERNDALE GREEN LINDEN LA CRYSTAL PL 93/06/23 OR93/06/04 OR93/06/08 OR93/06/14 OR 93/06/14 93/06/16 93/08/03 93/06/15 93/06/23 93/06/23 93/06/23 93/06/09 93/06/11 93/06/25 93/06/04 93/06/03 93/06/09 93/06/07 93/06/04 93/06/18 93/06/11 93/06/14 93/06/21 93/06/01 93/06/03 93/06/15 O' 93/06/21 Ofl 93/06/25 93/06/14 93/06/15 93/06/25 93/06/24 93/06/04 93/06/17 93/06/29 93/06/11 OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR ■005160-005215■005218-005246 -005247 -005257 -005202 -005212 -005264 -005270 -005277 -00521/ -005241 -005291 -005155 -005172 -005214 -005219 -005220 -005236 -005211-005248 -005268 -005196 -005213 -005253 -005269 -005278 -005249 -005254 -005293 -005280 -005222 -005256 -005288 -005240 93/06/08 OR-005197 93/06/18 OR-005263 93/06/01 OR-005193 93/06/01 OR-005194 93/06/03 OR 93/06/08 OR 93/06/09 OR 93/06/11 OR 93/06/11 OR 93/06/14 OR 93/06/28 OR 93/06/30 OR 93/06/02 OR 93/06/09 OR 005198 005228 005233 005242 005243 005250 005299 005301 005205 005235 18697481000000001420576219344853 19344853 17433718 00000000 14361459 14725715 14722869 14718390 14750548 14753538 00000000 00000000 00000000 00000000 14710695 14752490 00000000 1933301014476084 14457779 00000000 19290780 00000000 00000000 00000000 00000000 00000000 00000000 00000000 00000000 00000000 14734785 17245502 84208981 84717820 84721306 84284363 34820444 34972661 28652254 38242656 34748366 34718272 36332561 39414211 34721826 34455620 cIICO DEVELOPMENT INC SONTOWSKI ENTERPRISES INC.DAVID CARLSON COMP INC DAVID CARLSON COMP INC MARK PETTY CONSTRUCTION CO WINTER STEVE THE CARPENTERS CONST CO RONALD DAHL ROELOF'S CONSTRUCTION INC JENSEN HOMES CUTTING EDGE CONST INC FOSTER DECKS BENNIS, HOWARD PETERSON POOLS DESIGNER POOLS OLYMPIC POOLS. INC. 3AI CONSTRUCTION INC REPMAN INC COVINGTON GROUP PIONEER MIDWEST AZTEC IRRIGATION INC ENVIRONMENTAL LANDFORMS MILEYS SPRINKLER SYSTEMS GRIGGS CONTRACTING DJ’S HTG & AC JOHN CHERRY PLUMBING STANDARD HTG & AC CO ABEL HEATING INC B4C HEATING INC FIRESIDE CORNER KLEVE HTG & AC HEILAND HEATING & AIR COND VIERFCK FIREPLACE SALES OWNER LAST NM VALUATIONDAMLBERQ7. coo,0051.100.0035.600.00BERGGREN3,200.00CARLSON1,900.00MCCATHY1,200.00HENDRICKSON50.00LORD3,000.00.00DAYTON4,500.00100.00YOUNG 1,000.00CARLSON5.830.002.995.00HAQLUND1,000.009,875.00SUNDET749.00SARA2,500.00ROQESHESKEa" M i: j 1 rr\5,000.0030,180.00 on ton nnJU, xdUtvu^JOHNSON 692.25BERQQREN150.00LAWTON3,000.00 RIDDLER .00 HUBER .00 .00 STEWART .00 BLOEMENDAAL .00 STEWART .00 .00 BICHANICH .00 RHAME .00 MCOREEVY .00 LEHMEYER .00 LARSON .00 HANSER .00 ST LAWRENCE .00 ST LAWRENCE .00 RADKC .00 MONQE .00 HUNSLEY .00 RHAME 00 BLANCH .00 MARSH .00 LEHMEYER .00 NASH .00 AFFELDT .00 NELSON .00 MALIK .00 • • * •FRI. JUL 2. 1993, 4:18 PMPERMITS ISSUED FOR THE MONTH OF JULY 1993R STREET ISSUED PAGE 3 • • ^WORK ADDR 12027C770222004321700343C3435 PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATIONSW27COLD CRYSTAL BAY RD N 93/06/28 OR-005295 25428268 UNITED WATER & SEWER .003C104CSUQARWOOD DR BOHNS PT RD CRYSTAL BAY RD • ! 93/06/28 OR-005296 93/06/25 OR-005290 93/06/18 OR-005262 147422601938003700000000 LAN-DE-CON. INC. ALAN’S HARDSCAPES FIQQE OWENS VER STCEQ .009,700.00.001.810,597.25*» 01 IdoncF*24 Replacing Fxlsting 02 AdJitlon 25 Lifting Principal Pesldence 03 Grtrag«»/Attachrd 26 Well Abandonment 04 Garaqe/Detachrd 27 Foundation Only 05 Porch 28 Temporary Trailer 05 Deck 29 Penovate/Pemodel 07 Fcncf!30 Accessory Structure 08 Gazebo 31 Stairway to Lake 09 Pool 32 Retaining Wall 10 Pe-alda 33 Entrance Monuments n • Pe-roof 34 Tree Ri?moval 12 Tennis Court 11 Sign U Dock 15 Shed 16 Deno-Prlncl|.al Structure 17 Deno-Accessory Structure • 18 Move 19 Cof^norcl a 1 20 Inst 1tutional 21 Storm Damage Repair 22 1-100 Cubic Yards 21 101 Cubic Yards or More 99 Undefined 7 » # I >'w'FRI. JUL 2. 1003. NUMERICAL LISTING PERMIT NBR ISSUED 4:18 PMJULY 1993CANCEL ADOR NBR PAGE 1STREETWORK 10 NJMBER COMPANY OWNER LAST NM VALUATIONANDERSON2,576.00NORWOOD180,000.00CAVAN3,700.00HALORSON.00 MACMILLAN .00RIDDLER.00 CARLSON 650.00 KIMMEL .00 FELDMAN 1,200.00 HENDRICKSON 50.00 HUBER .00 .00 BICHANICH 60,000.00 JOHNSON 692.25 LORD 3,000.00 SARA 800.00STEWART.00 BLOEMENDAAL .00 STEWART .00 .00 BICHANICH .00 CORNELIUS 10,000.00 GOODYEAR 85,900.00 ROLAND 10,000.00 EQQERT 2,000.00 GRONBERQ 144,000.00BENNETT225,000.00 ABRAHAMSON 155,724.00 MODARES 5.000.00NOLAN2,575.00 BERQQREN 3,200.00 LORD^JR 20,000.00berg6ren150.00 .00 MCCATHY 1,200.00 SARA 2,500.00rhame.00 8,500.00 MCGREEVY .00 LEHMEYER .00 DAYTON 4,500.00 LARSON .00 MCCARTHY 275.00 100.00 LORD 1,000.00 DILLMAN 1,500.00 LAWTON 3,000.00RORR18,000.00 MmNLEY 12,000.00 FINNEY 3,220.00 LINDBLAD 4,847.00 YOUNG 1.000.00 HANSER .00 CARLSON 8,500.00 OR-005155OR-00S160OR-005172OR-005193 OR-OOS194 OR-005195 OR-00519Q OR-OO5107 OR-OOS19I OR-005190 OR-005200 OR-00S201 OR-005202 OR-00S203 OR-OOS204 OR-00S205 OR-005206 OR-OOS207 OR-005208 OR-OOS2O0 OR-00S210 OR-005211 OR-005212 OR-OOS213 Or.-OOS214 OR-005215 OR-005217 OR-005218 OR-00521B OR-005220 OR-00522I OR-OOS222 OR-005223 OR-OOS224 OR-OOS22S OR-005226 OR-005227 OR-OOS22I OR-C05229 OR-OOS230 OR-005231 OR-005232 ORi-005233 OR-OOS234 OR-005235 OR-OOS236 OR-OOS239 OR-005240 OR-005241 OR-005242 OR-005243 OR-005244 OR-005245 OR-OOS246 93/06/04 93/06/23 93/06/03 93/06/01 93/06/01 93/06/01 93/06/01 93/06/08 93/06/03 93/06/01 93/06/02 93/06/02 93/06/03 93/06/02 93/06/02 93/06/02 93/06/02 93/06/02 93/06/02 93/06/03 93/06/03 93/06/11 93/06/15 93/06/03 93/06/08 93/06/04 93/06/09 93/06/08 93/06/07 93/06/04 93/06/04 03/06/04 93/06/04 93/06/07 93/06/07 93/06/07 93/06/07 93/06/01 N 93/06/07 N 03/06/01 N 93/06/09 93/06/09 93/06/09 93/06/09 93/06/09 93/06/18 93/06/10 93/06/11 93/06/11 93/06/11 93/06/11 93/06/11 93/06/14 93/06/14 NNNN N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 12051205999 3120 1700 960 1305 960 1725 2300 3390 1655 332 3825 3505 1015 370 145 370 2505 332 960 712 1000 1371 110 315 4629 2480 1540 585 3505 585 2100 2490 1015 3245 2S05 3405 320 825 65 2490 2750 3505 225 425 1305 3470 4195 3505 694 1685 610 DICKENSON ST LAKEVIEW AVE WILDHURST TR NORTH SHORE OR FOX ST TONKAWA RD ELMWOOD AVE PARTENWOOD RD BOHNS PT RD 6TH AVE N BAYSIOE RD FOX ST WESTLAKF ST CHERRY AVE CRYSTAL PL LINDEN LA LEAF ST CYGNET PL LEAF ST OLD BEACH RD WESTLAKE ST TONKAWA RD TONKAWA RD WILLOW DR S REST PT LA LEAF ST TONKAWA RD TONKAVIEW LA OLD BEACH RD FOX ST OLD CRYSTAL BAY RD CRYSTAL PL OLD CRYSTAL BAY RD 6TH AVE N OLD BEACH RD LINDEN LA WATERTOWN CLO BEACH EASTLAKE ST CRESTVIEW AVE OLD CRYSTAL BAY RD FERNDALE GREEN OLD BEACH RD KELLEY PKWY CRYSTAL PL WILLOW DR S OLD CRYSTAL BAY RD SHORELINE DR BAYSIDE RD HIGHWOOO RD LYRIC AVE HUNT FARM RD FOX ST BIG ISLAND RD RD 06010602 02 01 10 01 01 01 01 01 02 24 01 02 01 01 01 01 01 09 02 11 06 01 03 01 06 06 24 29 24 01 29 02 01 01 01 01 01 01 01 01 02 06 29 30 04 01 01 01 01 01 00000000186974810000000084721306 84284363 29332521 00000000 84208981 34820444 24432921 24461495 54718151 00000000 24724959 24724959 34721826 24738403 24738403 00000000 24722316 00000000 19333010 14361459 19290780 00000000 00000000 14750548 14205762 14710695 14752490 34730450 OOOOCCOO 24738793 24738793 38900758 24725920 00000000 34972661 00000000 00000000 24731657 25334357 28652254 24738793 34455620 00000000 24725920 17245502 14753538 38242656 34748366 29337200 54302782 19344853 BRICO DEVELOPMENT INCENVIRONMENTAL LANDFORMS MILEYS SPRINKLER SYSTEMS THOMPSON PLBQ PIONEER MIDWEST GRIGGS CONTRACTING SOUTHWEST METRO PLBG WIDMER INC PETERSON ELMER J CO WESTONKA MECH CONTRACTORS WESTONKA MECH CONTRACTORS HELLAND HEATING & AIR COND DAY EARL W & SONS DAY EARL W & SONS COPPIN PLBQ PETERSON POOLS WINTER STEVE SAI CONSTRUCTION INC JENSEN HOMES SONTOWSKI ENTERPRISES INC. FOSTER DECKS BENNIS. HOWARD TRIPLE D HTQ & AC CITYVIEW PLBQ & HTQ CITYVIEW PLBQ 4 HTQ HEAT-N-CLO FIREPLACES OLSON LARRY DJ'S HTQ 4 AC FADDEN CLIFF & SONS PLYMOUTH PLUMBING JOHN CHERRY PLUMBING CITYVIEW PLBQ 4 HTQ VIERECK FIREPLACE SALES OLSON LARRY COVINGTON GROUP CUTTING EDGE CONST INC STANDARD HTG 4 AC CO ABEL HEATING INC CULLIGAN FUHR TRENCHING DAVID CARLSON COMP INC .-*s f •• \• * •/.•'FRI, JUL 2. 1993, 4:18 PMNUMERICAL LISTING JULY 1993PERMIT NBR ISSUED CANCEL ADDR NBR STREET PAGE 2WORK ID NUMBER COMPANY OWNER LAST NM VALUATIONCARLSON90.000.00DAHLBERQ45,000.00 .00CARLSON1,200.00 51.129.00 ST LAWRENCE .00QORDER1,500.00GOODYEAR.00 CARLSON 5.830.00FUNK18,000.00 BORDSON 260.000.00ST LAWRENCE .00 30,180.00 30.180.00 35.600.00VER STEEQ .00 FIQQE .00 PETERSON 14,350.00 2,995.00 MESHBESHER 36,000.00 MICHAUD 1,000.00KUBALSKY28,750.00 RADKE .00MONGE.00 HUNSLEY .00 RHAME .00 BLANCH .00 QABRIELSON 200.00 MAHONEY 75,000.00HAGLUND1,000.00 CARLSON 1,900.00 OTTEN 3.000.00 9,875.00 MARSH .00 DAHLBERQ 7,000.00 LEHMEYER .00NASH.00 AFFELDT .00 NELSON 40,000.00NELSON.00 OWENS 9,700.00 LILJEOUIST 9,000.00 LILJEQUIST 1,000.00 .00 FIGGE .00MALIK.00 ROGESHESKE 5,000.00 CARLSON 1,100.00 SUNDET 749.00 8,000.00 OR-005247OR-005248 UR-00S249 OR-005250 OR-0052S1 OR-005252 OR-OOS253 OR-OOS2S4 OR-005255 OR-005256 OB-005257 OP-OOS258 OR-OOS2S9 OR-005260 OR-OOS261 OR-OOS282 OR-OOS283 OR-005264oR-oos2ee OR-005261 OR-005269 OR-005270 OR-005271 OR-005272 OR-005273 OR-005274 OR-005275 OR-OOS27S OR-OOS277 OR-005278 OR-OOS279 OR-005280 OR-005281 OR-005282 OR-005284 OR-005285 OR-005218 OR-005287 OR-005288 OR-005289 OR-005290 OR-005291 OR-005293 OR-005295 OR-005296 OR-005297 OR-OOS2B8 OR-005299 OR-005300 OR-00S301 104C 93/06/14 N 93/06/14 N 93/06/14 N 93/08/14 N 93/08/17 N 93/06/15 N 93/06/15 N 93/06/15 N 93/06/16 N 93/06/17 N 93/06/16 N 93/08/17 N 93/06/17 N 93/08/17 Y 93/08/17 N 93/08/18 N 93/06/18 N 93/06/23 N 93/06/21 N 93/06/21 N 03/06/21 N 93/06/23 N 93/06/22 N 93/06/22 N 03/06/22 N 93/06/22 N 93/06/22 N 93/06/25 N 03/06/13 N 93/06/22 N 03/06/22 N 93/06/24 N 93/06/23 N 03/06/23 N 93/06/23 N 93/06/24 N 03/06/24 N 93/06/24 N 93/06/20 N 93/06/25 N 93/06/25 N 93/06/25 N 93/06/25 N 93/06/28 N 93/06/28 N 93/06/28 N 03/06/28 N 93/06/28 N 93/08/30 N 93/06/30 N 620455 1955 62U 2750 253 1800 712 620 540 1200 253 685 685 685 3435 2004 100 610 2010 2408 1378 3424 3444 3464 3245 3965 1115 2760 4590 550 2380 65 348 455 320 270 4765 3908 500 1700 3490 3490 770 2004 3060 540 620 2791 65 BIG ISLAND FERNDALE RD N SHORELINE DR BIG ISLAND KELLEY PKWY CYGNET PL LAKEVIEW TER TONKAWA RO BIG ISLAND OLD CRYSTAL BAY RD S ORONO OAKS DR CYGNET PL OLD CRYSTAL BAY RO N OLD CRYSTAL BAY RD N OLD CRYSTAL BAY RD N CRYSTAL BAY RD SUGARWOOD OR NORTH SHORE DR BIO ISLAND SUGARWOOD DR CASCO POINT RD NORTH ARM OR EASTLAKE ST EASTI.AKE ST EASTLAKE ST WATERTOWN RD BAVSIDE RD WILLOW DR S PHEASANT RD NORTH ARM OR W TONKAWA RD WAYZATA BLVD W FERNDALE GREEN WESTLAKE ST FERNDALE RO N CRESTVIEW AVE CRESTVIEW AVE TONKAVIEW LA CHERRY AVE OXFORD RD BOHNS PT RD BIRCH LA BIRCH LA OLD CRYSTAL BAY RD N SUGARWOOD DR 8TH AVE N OLD CRYSTAL BAY RD S BIG ISLAND PHEASANT RO FERNDALE GREEN 01 19344853 09 14476084 17 00000000 01 34718272 20 39334800 01 00000000 11 00000000 17 00000000 01 27844792 29 00000000 01 17433718 01 54734361 20 24621638 20 24621638 20 24621638 34 00000000 01 84717820 02 14725715 01 27844792 09 14457779 11 00000000 02 14722869 01 24738403 01 24738403 01 24738403 01 24738403 01 00000000 15 00000000 02 14718390 01 29337200 24 39203800 19 00000000 01 25334357 01 00000000 02 39414211 01 24701208 01 24701208 01 24701208 29 14734785 01 24461495 32 19380037 04 00000000 17 00000000 20 25428268 22 14742260 01 54207468 02 25332218 01 36332561 01 29337200 01 39414211 DAVID CARLSON COMP INC DESIGNER POOLS B&C HEATING INC PUMP & METER SERVICE HOKANSON PLUMBING INC MARK PETTY CONSTRUCTION JOHNSON JERRY EXC ANDERSON MECHANICAL INC ANDERSON MECHANICAL INC ANDERSON MECHANICAL INC AZTEC IRRIGATION INC THE CARPENTERS CONST CO HOKANSON PLUMBING INC OLYMPIC POOLS. INC. RONALD DAHL DAY EARL W & SONS DAY EARL W & SONS DAY EARL W 8. SONS DAY EARL W & SONS ROELOF’S CONSTRUCTION INC CULLIGAN CRONSTROMS HTG 8< AC INC PLYMOUTH PLUMBING KLEVE HTG & AC STEINKRAUS PLBG INC STEINKRAUS PLBG INC STEINKRAUS PLBG INC REPMAN INC WIDMER INC ALAN'S HARDSCAPES UNITED WATER 4 SEWER LAN-DE-CON, INC. D.S. ENTERPRISE PAD MECH CONT CO FIRESIDE CORNER CULLIGAN KLEVE HTG 4 AC ^ .I ^ ZONING PERMITS ISSUED/FEES COLLECTED JULY 1993 \REPORT NBR. BPRMTISS-1 DATE OF RUN 07/02/93 • PERMIT ISSUED REPORT CITY OF ORONO PAGE: 1REQUESTER; LIN-- CURRENT RANGE - 06/01/93 - 06/30/93 -- PREVIOUS RANGE - 06/01/92 - 06/30/92PERMIT TYPE QTY BASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEWUser DefinedSUBDIVISION 0 0.00 0.00 0.00 1 375.00 0.00 0.00VARIANCE3525.00 0.00 0.00 8 1,725.00 0.00 0.00CUP00.00 0.00 0.00 2 275.00 0.00 0.00SKETCH PLAN 1 450.00 0.00 0.00 0 0.00 0.00 0.00VARIANCE/CUP 0 0.00 0.00 0.00 1 175.00 0.00 0.00 Sub-total 4»975.00*0.00*0.00*12*2,550.00*0.00*0.00* Orend-tolal 4«*i 075.00**O.OO**o.ou**12**2,550.00**0.00**0.00** REPORT NBR. BFEERPT2-1 ,DAT1 OF RUN 07/02/63 •* PERMIT FEE REPORT ••CITY OF ORONO FROM 06/01/93 TO 06/30/93 BASE FEE USER 975.00 REPORT TOTAL 975.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 lie. SEARCH FEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 ' 0.00 DEPOSIT 0.00 0.00 PERMIT TOTAL 975.00 975.00 ! • -V, PAQE;REQUESTER: LIN ^ 4 « » * i' . V ‘ *• 4 The Brim Report TheBrimcycr Group, inc CICCI/TIVE St*«CM CONSMtANTS One Tenth Ave. South Hopkins. MN 55343 (612) 945-0246 (612) 933-1153 fax o PtH QJ H Summer Issue July 1993 '^ol. 1, Issue 4 ♦ Reflectiorii, on the Executive Search Business Looking Back on the First Five Years By famts Brimeyer—President The pressures are different, the time commit ­ ment is greater, and the anxiety level has beat just as intense—but with a different focus. I feel greater freedom to do the things I want to do and have determined I uvs really a "closet entrepreneur" for a long lime. Becoming Independent—Appealing It started in late summer. 1987. I had inter­ viewed for the City Manager jobs in Des Moines, Iowa and Oklahoma City', Okla­ homa. I came back from both experiences with two thoughts in my mind. Number one, the kinds of things that were bother ­ ing me as a City' Manager would only be magnified in larger communities. In other words, how many times in 20 years can a person deal with barking dogs and grass that's growing too long? And number two, perhaps I was approaching "burn­ out." I was tCK) confident (perhaps even arrogant) to admit it could happen to me. Shortly thereafter, I was approached by a fellow Rotarian, wanting to know if I was interested in becoming President of an insurance agency. I pursued it and was exposed to the executive search process. But, after examining the agency position I came to the conclusion that I needed something more challenging. Shortly after that, the executive search firm consultant asked me if I would consider getting into the executive search business. Yes, the idea of building something and being independent was appc.iling. This was the opportunity for me to make my own decisions and experience a career change in the process. The Private Sector —A Revelation In April, 1988 I announced my resignation as City Manager of St. Louis Park. On July 5 I left that secure and comfortable posi ­ tion—a compensation package (including salary, fringe benefits and a car) that approached six figures—and struck out for the "mysterious" private sector. It was exciting, scary and a real revelation. I started with a compensation plan of draw-against-commission, no fringe bene­ fits and no car. After six months on the job I was $25,000 in debt to the company! Nevertheless, I maintained the confidence that things would work out and that I had made the corxcct decision. 1 had done all of my marketing and advance planning prior to making the job move. This would take time to pay off. addition, 1 always kept in mind what Jim Galloway (the first City Manager I ever worked under) said to me: "In order to grow, you have to stretch a little." Over the next three-and-a-half years I built an executive search practice that pro ­ vided a comfortable living. During the same time, 1 was involved in the start-up and capitalization of thrcHj businesses: a personnel consulting firm, ar c.igmeering consulting firm and a temporary office overload company. Starting The Brimeyer Group In late 1991, someone suggested that I ought to start my own company. I put myself through the process again: soul searching, testing the market, preparing a strategic plan, analyzing the advantages and disadvantages, and examining the financial implications (1 had two children in college by this time). If things didn't work out exactly right, just how much financial disaster could I afford to handle? I decided to "go for it." The rest is history. Looking Ahead If you look back, you're moving baefnvards. When you worry about the present, you stand still. It is only when you look fonvard that it is possible to make progress. Tlio individuals who have had a significant impact on me over the past five years are far too numerous to mention. But, to all of you, a very sincere "Thank You!" I'm looking forward to the next five years... The Brimeyer Group Assignments Recent/Current: • City Manager—City of New Brightoa MN • Senior Engineer— Consulting Firm • Budget Director — City of Minneapolis • Superinte'ident of Public Works —City of New Hope, MN • Community Develop­ ment Director —Cities of Eagan & Roseville • Urban Planner— Consulting Firm • Coordinator —Becker County Representative Searches: • City Manager— Webster City, lA • County Administra­ tor—Chisago County • City Assessor —City of Minnetonka, MN • Executive Director — League of MN Cities • Quality Coordinator — City of Minneapolis • City Administrator — City of Luveme, MN • Director of Sales and Marketing—Optical Lens Company • Executive Director — MN Chiefs of Police Association Advisory Board Update The Drimeyer Croup recently appointed five professionals as new memlx*rs of the Public Service Management Advisory Board (PSMAD): • Don Ashworth —City Manager of Chanhassen and President of the Metro Area Managers Association • Ed Larson —City Manager of Morris and President of the Minnesota City Managers Association • H. Joe Rudberg—City' Administrator of Becker (pop. 1,000) • Steve Sarkozy —City Manager of Roseville (pop. 35,000) • Jill Shorba —Administrative Assistant of Burnsville and Pres Metropolitan Associati an Management Assistants The PS.MAB meets quarterly to examine the public sector executive search priKOss, advise The Brimeyer Croup of industry trends and provide inforirurtion about professionals in the field. Upcoming meetings will be August 20 and Novem­ ber 19, 1993. Mayor Pleased with Services From The Brimeyer Group * i "Thanks to your professional service, this responsibility (of selecting a City Man* ager) was easier and even enjoyable." —Lydia Andren, .Mayor of Prior Lake The Brimeyer Group Forms Affiliation with Iowa Consulting Group In April of 1993, the Brimeyer CrouD Execu ­ tive Search Consultants and the Municipal and County Management Services (MCMS) signed a formal agreement to provide con ­ sulting services in the upper Midwest, particularly in Iowa and Minnesota. MCMS provides services in labor relations, cable TV franchises, ordinance updates, city charter examinations, organizational studies, and a variety of other activities that serve cities and counties. MCMS is owned and man­ aged by Patrick Callahan—City Manager of Maquokota, Iowa for over 14 years—who recently resigned and formed this consult ­ ing service. The agreement between the two companies states that all inquiries to The Brimeyer Group regarding services provided by MCMS will be referred to MCMS. Any in­ quiries about providing executive search services will be referred to The Brimeyer Group Executive Search. "I look forward to a successful working relationship with MCMS," said Jim Brimeyer, "and to provid­ ing top-quality services to local units of government in Minnesota and Iowa." Brimeyer’s Remarks Published Jim Brimcycr'S remarks from a recent speech presented to the International City/County Management Association will be published in an upcoming issue of the ICMA maga­ zine. The topic: "Council/Managcr Rela­ tions." nPL'i nu 55^ 07^*16/93 To CeUBnUe S*Xears in ike Tjcuutive Search ^Business, and in ^cognition of our Ghent Support ... The •Brimeyer group is mahinp a SSOO eharitahCe contriBution to the St Louis Tari,^tary 'Save •The Cfuldren * TutuC The Brim Report m- Brimeyer Group, inc. exECUTiVE SEARCH consultants One Tenth Ave. South Hopkins, MN 55343 (612) 945-0246 Jhtnwersary Issue Route: __Colleagues File in notebook ----------—^ I 111! •Mayor and City Council CityofOrono J(JL 1 Box 66 Crystal Bay. .M.N 55323 I.I.I..I.I...II...I.I..II...I.II / Julv 26. 1993 To:Members ol'the Orono Cilv Council Charles Kelley Diane Goetten Jo l:llen llurr nduard Callahan Gabriel Jabbour Re: Proposed Bike Trail and Hile Property at 2790 Silverview Drive The purpose oflhis letter is to advise you ofour concerns relative to the bike trail and the impacts on our property. While we have been told repeatedly that efforts would be made to work with homeowners to minimize the adverse effects of the trail on privacy, landscaping and the rural appearance of the area, these efforts arc less than meaningful. We have asked in writing for written descriptions of the plans for our property on several occasions to both the council members and the agents working to construct the trail. What we have been shown pro\ ides no details and lca\ es us totally unaw are of w hat is going to happen. We have no written explanation about our property spevifically; there is a sketch w ith a few trees on it. Our request, in writing, for specific landscaping has received no response. Further, our serious concerns about the drainage problems ‘hat the trail will cause on the property have been ignored, fhe city believes it has an ea.sement which we believe is debatable. It is our contention that most of the trees bordering Old Crystal Bay Road and our property at 2790 Sil\er\ iew are in fact on our properly and the city has no rights whatsoe\er to do anything which ma> alTect those trees. We believe that the city easement from the center of the roadway iloes not extend to these trees and we dispute any measurement that indicates otherw ise. We do not believe that the drainage issue is being taken seriously and we have great concerns about this. We are unsure of the city's easement rights and the issue of extending these rights to cause severe overtlow ing is an open issue. This needs meaningful analysis. We refuse to be intimidated into signing an easement for trail construction by threats of w iping out our trees w ith no replacement landscaping and the construction of a chain link fence. I his is not the manner in w hich the council agreed publicly to work with the homeowners. We do not want the bike trail Ibr reasons that we have spelled out in writing on several occasions. We have accepted the decision for a bike trail because that decision is not ours to make. We have tried to be cooperative but we arc not going to provide an easement based on a vague plan which will radically affect our property value and enjoyment. From my conversations with council members. I have come to the conclusion that you are not aware of how poorly the communications have been handled. 1 hope that the goals of the city are not to steamroll or intimidate residents into signing the ea.sement without adequate disclosure of the plans for construction. Further, the \erbal indication that the trees would be removed this year but work on the trail, including landscaping replacement would be delayed until nc.xt year is puzzling. It seems that the goal is to get rid of the trees first and foremost, and we do not believe that the trees are yours to remove. We are unable to cooperate with any plans for this bike trail until our questions are answered and the plans are fully disclosed. Sincerely, Do^Hile 27TO Silverview Drive Orono. 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