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HomeMy WebLinkAbout09-27-1993 Council PacketMINUTES OF THE REGL'LAR ORONO COUNCIL MEETING HELD SEPTEMBER 27, l‘W ROIL I hc Council met on the above date with the following members present: Mayor Edward Callolian, Councilmembers J. Diann (loetten. Charles Kelley and JoEJlen Huir. Councilmember Jabbour absent. The ti'llowing represented stall: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building and Zoning Admirustrator Jeanne Mabusth, City Attorney Ke\ in Staunton. City Engineer Glenn Cook and Recorder Mar\a Hurst. Mavor Callahan called the meeting to order at 7:27 p.m. (tn) CONSENT Kellev added Items #5, #10, #1 1. Goetten added Item #8. Mayor Callahan added Items #6, #7, #9. #19. It was moved by Goetten, seconded by Hurr, to approve the Consent Agenda as amendt?d. Aves 4. Navs O. Moti(Uis 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 Goetten, seconded by Hurr. to approve the minutes ol the September 13, 1993 Council meeting. Ayes 4. Nays 0. PARK COMMISSION CO.MMENTS I here was no one present from the Park Commission. PLANNING COMMISSION CO.MMENTS I here was no one present from the Planning Copjnission PUBLIC COMMENTS 1 here were no comments from the public. /OMN(; ADMINIS l RA fOR’S REPORT (*#4) #1829 DIAM SiLI I. lOSO NVH Dili RSI I RAIl - VARIANC ES - RESOLrnON #3325 It was moved i»v \loeiten. seconded by Hut to ikJopt R cm >Iuik 'J. lor applicant Diane SiclT, 1080 Wililhurst frail, granting an alter-thc-lact variance per Vfunicif^ Zoning Ctxle Section 10.22, Subdivision 2 to permit the reconstructed decks and 8 ’ .x 20* deck addition to remain a.s constructed. ,\vcs 4. Nays 0. i (US) <#1847 MICIIAKL & DANA BAUUKT! , JAMKS & \VIIEELEK, 2912/2918 CASCO POINT ROAD - SUBDIVISION OF A LOT LINE REARRANCEMENT - RESOLUTION «3326 It was moved by Goetten, seconded by llurr, to approve Resolution 6^for applicants Michael and Dana Barrett and Janies and Molly Whee ler. 2912 and 2918 Cr^co Point approvina the metes and bounds subdivision ol' a iot line rearrangement for Michael and Dana Barrett and James and Molly Wheeler as shown on the Certificate of Survey by Advance Surveying & lingincering Co. dated July 14. 1993. Ayes 4. Nays 0. («6) #1856 MARK & JENNY PRUETER, 3215 CRYSTAL BAY ROAD - VARIANCE - RESOLUTION #3327 It was moved bv Goetten. seconded by llurr, to approve Resolution #3327 fo- applicants Mark dt Jennv Prueter, 3215 Cnstal Bav Road, granting variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2, Section 10.25, Subdivision 6 (A) and (B) to permit the construction of a 15' x 26* rear addition and 34' x 26’ second level, and constmction of a replacement decky.stairs at lakeside of residence measuring 1 / ' x 12 -hat will require a 40 /o west side setback variance, a 30% east side setback variance, a 70^ west side setback variance for lakeside replacement deck/stair structure, and 8 setback encroachment ot the average lakeshore setback line, a hardcover variance resulting in a net decrea.se of 3 s.i. or .01%. and a height variance that would allow a three-story structure rather than 2-1/2 story- structure. Aves 4, Nays 0. (#7) #1858 JOHN & MARLA MEREDITH, 3685 WATERTOWN ROAD - VARIANCE - RESOLUTION #3328 It was moved bv Goetten. seconded by llurr to approve Resolution #3328 lor applicmts John & Marla Meredith. 3685 Watertown Road, granting variances to T ucipal Zoning Code Section 10 03. Subdivision 9 (C-2) to permit the construction ol a 60 x 80 indoor riding arena that will exceed the allowed foot print area for a single oversized accessory structure and will result in an excess of total area tor accessory structures. Ayes 4. Nays 0. (#8) #1859 ROBERI LUESSE, 3249 CASCO CIRCLE - VARIANCES - RESOLUTION #3329 It was moved by Goetten. seconded by Hurr to approve Resolution U3329 lor applicant Robert I ucssc. 3249 Casco Circle, granting variances to Municipal Zoning Code Sections 10.03. SuKlivision 9 (C) (2) and Subdivision 14 (D) to f>ermit construction ol a 22 x 28 garage addition to an existing detached accessory structure. Ayes 4. Nays 0. I {U9) ##1864 IRWIN JACOBS, 1700 SHORELINE DRIVE - CONDM IONAL USE PERMI I/VARIANCES - RESOLIH ION ##3330 It was moved by Goettcn. seconded by llurr, to approve Resolution ##3330 for applicant Irwin Jacobs, 1700 Shoreline Drive, granting variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to alknv si.x oversized accessory structures on the property where only one is allowed and to approve a variance to the allowed total area of accessory structures on the property of 4.633 s.f. or 77% mid grants a conditional use permit per Municipal Zoning Code Section 10.27. Subdivision 3 for construction of a guest house. Ayes 4. Nays 0. (##10) ##1870 STEPHEN & IC NDI CARLSON, 1185 ARBOR STREET - VARIA^JCE - RESOLUTION ##3331 It was moved by Goetten. seconded bv llurr to approve Resolution #3331 for applicants Stephen & Randi Carlson. 1185 Arbor Street, granting a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (R) to permit construction of a 10’ x 24 ’8" addition to the north side of the principal structure to be located 27’3" from the street lot line with a setback variance at 22'1" or 45.5%. Ayes 4. Nays 0. (#11) #1872 ORONO WOODLANDS, INC. - PAUL PHILLIPS, 2100/2140 SIXTH AVENUE NORTH - VACATION OK DRAINAGE & UTILITY EASEMENTS - RESOLUTION #3332 Mabusth explained the memo from .Ste\e Weekman specifically discussing salt based surface discharge (water softener discharge). The question is whether we could allow this discharge on the surface. Mabusth asked Steve Weekman to give some background that this has been allowed in the past. He contacted Mark Westpetal at MPCA who concurred that it was alright to do but that if there were wetlands adjacent, he would prefer a trench be installed to carry the discharge. He also stated that if there weren't severe slopes a trench wouldn't be needed and it could be discharged on the surface and wouldn't damage the ground. It was moved by Goetten. seconded by llurr to recommend approval of Resolution #3332 for Orono Woodlands Inc. approving the vacation of the drainage and utility easement dedicated in the Eckst.'-om Addition over Lot 2, Block 1 and in the Phillips Woodhmd Terrace over Lot 4, Block 1 as shared lot line will be redefined and former drainage and utility easements will be obsolete. Ayes: 4 Nays, 0. MAYOR/COUNCIL REPORT (A) Comment on Application #1829 Diane Sieff Mavor Callahan tommciUcd on a visit by Cierhardson and Mabusth to the site. He had requested an as.se.ssment of how Wildhurst Trail got to it's current condition and what could be done to improve the situation, i le felt that Mrs. Sieff would be suf fering damage to her property and that the condition shouldn't exist in llie City. Mayor Callahan requested that further additional information be gathered and further consideration be given as to recommendations for repair of Wildhurst Trail. Goetten noted tliat tliis application had been on a the Consent Agenda at the last meeting and she voted against it. Her concerns were shared driveway and hardcover excesses. (B) #13 on Consent Agenda When the Ordinance was presented to Council for correction, some pages were omitted. Moorse explained tliat only a sentence was supposed to be changed but several pages were omitted instead. While this particular event caused no trouble, Mayor asked that Moorse investigate this situation to find out what happened. (C) Information on County Road 6 and County Road 15 Hurr noted that she and Gerhardson arc meeting with residents interested in Bagley Road which is the cutoff I'rom Ferndale onto County Road 15. The committee had looked at closing the cutoff, and just having one entrance onto 15 which would intersect at right angles. Residents were notified, fhe meeting will be this Wednesday, 8:00 a.m. to 11:00 a.m. Hurr also noted that Thursday morning at 7:30 a.m. the County Road 6 committee will meet and Bruce Plachck will be present to discuss the matter. Hurr stated the Countv' Road 15 discussion previously set for October 11 has been changed to October 25 at 7:00 p.m. This would be part of the regular Council meeting scheduled on that date. Gonten commented on a call she received from a resident who had been at the information meeting and read an article in the Sun Sailor that made it sound as though a decision had been made. She explained that was n^'t the case and she explained he could call council members with questions if he wishe ‘ Hurr noted that she had not leceived any calls and that the county is asking for a resolution advising them that we're interested in having them pursue some more detailed plan. Goetten asked that any press members present make it clear that a decision has not been made. Kelley asked Hurr for clarification of location of Bagley Road and what the thoughts are on that issue. Hurr replied that it would be closed and traffic would come on Ferndale, the intersection^ would be straightened so it would come more at right angles rather than a curve. A traffic count was done and there were 14 trips in a day on Bagley Road. Kelley suggested that the traffic count wou’d be most realistic in June and July. Goetten reported that she was appointed to the l eague of Minnesota Cities Conference Manning Committee and asked the Council lor comments luid suggestions. (I)) Permit Report Mayor Callahan commented on the surge of permits from one year to the next and asked why that was. Mabuslh explained the major cause is the larue project at the former Pilltbury properly. roLicr cmr.F’s rkpor i Police Chief provided definitions of his report. Also included some six-month statistics that deal with Part I ard I’art II crimes. Chief noted that he also prov ides a report to each city which lists crimes individually. He noted he could provide this report for all four cities or just the City ol Orono. Chief mentioned a request for radar enforcement and monitoring on County Road 15 in the area of Orono Orchard Road to assess the situation and determine what can be done about it. Chief also mentioned the curve and impact on Orono Orchard Road and how difficult it is to turn off of Orono Orchard Road and go east. He has instructed officers to be in that area more frequently for monitoring. The plan is to make that stretch of road have a reputation for being monitored regularly in the attempt to encourage drivers to slow down in that area. Ilurr noted that there is a sign available that displays driver’s speeds and wondered if one could be rented or purchased. Chief will look into the cost of renting or purchasing one of these signs. Chief commented that there miuht be an opportunity to seek a grant from the State of .Minnesota for traffic enforcement funds to cover the DWI enforcement, seatbelt enforcement and speed enforcement. He asked if the Council to seek this grant. Kelley asked Chief how the Council should evaluate the police department on how well it’s operating, whether the Chief and staff feel they’re doing a good job and what they’d like to improve, and whether the staff has been evaluated and how' that's done. Chief replied that a new evaluation form is being implemented which include a specific goal section, llie current form doesn't allow for a goal section. Kelley stated that he feels it's the councils position to make sure tlic evaluation process is in place and would like to review the process. He also staled that he would like to hear Chiefs philosophy into management of officers. Chief cxpla .cd that he was approached by a student at Orono High School who was in Police i;xplorerUnit for the Water I’atrol, and who is also interested in exploring law enforcement as a career a ’’ ! is se‘kmg an internship with the department. .IIM DAMI.L.S - ( Altl.i: I V AD.MIMSI ICVTOR - 1994 nUIKJFT Mr. Daniels introduced Commissioner .Urn I’attrin. He noted that Commissioner Pattrin and his committee had met with the cable company several times with the goal of additional visibility and upgrades to the .studio facilities. They’ve developed a good relationship with the cable company and added 1 staff as a result of the 1983 proposal, upgraded facilities, and asked lor more visibility. Kellev asked how many residents in Orono have cable. 5 Mr. Daniels did not know specific figures but said that Orono is one of the top three penetrated cities (along with I'.seelsior and Shorewood) in the fourteen city area. I he o\erall penetration is about 55“o, and that On>no is probably around 50%. He clarified for Hurr that the figure represents number of homes passed (by tlie cable). Kelley asked how the Cable Commission budget is funded and where the money comes from. Mr. Daniels explained that the commission’s budget is not funded from ta.\ dollars, but rather from a 5% annual franchise I'ee paid by the cable companies from annual revenues. Kellev asked if there is anv ability on the Council to try to keep those costs down. Mr. Daniels said he would explain that in his budget presentation, lie stated the 1994 budpl docs not have any noticeable ditterenccs to it in operations. There is a O^o increase with the exception of the required payment ol the insurance bonds, worker s comp. etc. that have increases. It would be the same as last years budget except that the Commission has added two additional City Council meetings. The Commission pays to cover a total of seven City Council meetings aired on the government access channel and that s where the bulk ot the 1994 budget increase goes. It includes the costs of additional equipment and trained contract employees (not staff). Hurr asked how the Commission chooses which City Councils are aired. Mr. Daniels explained that the Commission does not make the choice but that the first two cities to take official action to have their City (Touncil meetings appear on Channel 8 will be the first two cities to be covered. 1 his is how it happened in i99j. Kelley asked what the top-line increase in revciiue was between 1993 and 1994. Mr. Daniels replied that it’s a projected figure at $125,500 for 1994 compared with $120,000 for 1993. He noted that the Commission has had monies set aside for years to activate government access and they used some of those funds. Mr. Daniels apologized that the budget was not available for the meeting. He asked that the Council would approve the Commission’s budget for 1994. Mayor Callalian stated that the Council would prefer to see the budget and would hold action until they had reviewed it, especially since some of the Council members have not previously seen such a budget. kiipoui C'ity hngincer Cook was present. I here was nothing new to report. (*#12) FALL CLFAN I I* It was moved bv Goetten. seconded by Hurr. to accept the information presented for I-all Clean Up Day on Saturday. Oetv)ber 1*6. 1993 from 8:00 a.m. to 4:15 p m. (*#13) ORDINANCE AMF.NDINCJ SEC. 9.34 ’ FIRE PROTECTION & prevt :ntion ’ - ordinance no . 121, second series It was moved by Cioetten, seconded by Ilurr, to adopt Ordinance No. 121. Second Series repealing Ordinance No. 1 16. Second Series and amending Section 9.34 adopted April 1, 1984 entitled "Fire Protection and Prevention". (#15) EONC; I.AKE FIRE CONTR VCT Mr. Moorse e.xplained that the contract is for 3 years, running through 1996. Major issues were resolved and this contract is a result of that process. Moorse asked if there were any questions regarding the language of the contract. Kcllev claritied Article 9 -- it’s a three vear contract and the Council has to ratify the following year’s budget. There are ’94,' ’95, and ’96 estimates which can be found on the last page. Moorse noted that if the budget is not ratified in the first year of the three-year contract, then the contract terminates two years lorward. fie went on to say that it the contract is not ratified in 1995, it automatical!v becomes the "not to exceed" number given for 1995 and then it would become the "not to exceed" number for 1996. If the budget is not agreed upon/ratified, the (3-year) term wmild not be extended. Mayor Callalian and Moorse noted that budget figures are reviewed each September for the foll'owing year. If the budget is not ratified in 1994. City is bound by the contract for the years 1995 and 1996. Failure to ratify the budget or mutual agreement terminates the agreement. If City is dissatisfied witli the service, then Council would not ratify the budget. Hurr clarified that the contract calls for a two year cancellation. She also asked what circumstances might call for termination of the contract. Mayor Callahan suggested that if Medina for example opted out of the contract, then the contract would be between Long Lake and Orono. Kelley is in favor of this contract fi>r both Long I.ake and Orono as it would be of mutual benefit. Hurr asked if Medina dropped v>iit of the contract. Orono would not have to agree to a change in the numbers. Moorse agreed but added that they would probably c«'nie back with a revised budget. Mayor C'allahan commented that there was a question about insurance. Moorse explained Paragraph 7 - the question was whether the 1.6 million policy includes the negligent acts and personal injury. Long Lake’s Mayor said that’s what it’s supposed to mean and Orono’s attorney agreed saying that we need to include language to clarify tliat and present it to Long Lake. Mayor Callahan asked if Orono would be covered as additionally insured. ; 'r- 1 L Moorsc srid the contract probably would not have lliat language but since both Cities are covered by the same insurance carrier, the LMC^n, that is really how it would work. He said again that this paragraph would be clarilied. Hurr asked if Orono would be establishing its own Hquipment bund, it was explained that one exists already in tlie amount of $ ju,0‘J0. It was moved by Mayor Callahan, seconded by Hurr. to approve the fire contract subject to clarification of Paragraph 7. Ayes 4. Nays 0. (#16) POLICE CONTRACT Mayor Callahan commented that the contract has the same roll-over feature as the fire contract whereby the continuation of the contract is dependent upon the ratification of the budget from year to year. He would like to see a provision that if one ol the other contract cities terminated the contract, that it would opci: to renegotiation because the impact ol such an event could be extensive and require considerable study into the cost effects. Kelley concurs. iVlayor Callahan requests Moorse to tell the Mayor and Council ol Long Lake that the Council prefers to hold off on making a decision until alter November 1 st. It was moved by Mayor Callahan to table the Police Contract. 8 (#14) WATER CRAFT ORDINANCE Moorsc explained that the Council diseussed a watercraft ordinance several months ago for Long Lake regarding personal watererali and hours of operation, flic Council had a number of concerns. As outlined, there will be a 15 mph speed limit before 8:00 a.m. and alter sunset, along with general language about safetx; recommendations for personal watercraft. There are no restrictions from operating in specific areas. Hurr asked what the general speed limit of Section 2 is as set forth by the DNR. Moorse stated that he’s not aware of the actual speed. Mavor Callahan commented that some of the language sounds ambiguous.* Kelley slated he is opposed to the ordinance saying that it is designed to regulate the actions of a few people and would impose hardships on the majority of individuals. Goetten concurs. Mayor Cailahan feels that Long Lake must have sufficient reason for drafting the ordinance. Hurr staled that a boat with proper radar equipment would be required in order to enforce the ordinance. Hurr stated that she would like to know what this ordinance would do that the state regulations don’t already do. Kelley asked if it applies to snowmobiles since that would be a bigger concerns. Goetten staled that she thought representatives from Long Lake were going to present their reasons for asking for this ordinance. It was moved by Mayor Callahan, seconded by Kelley, to table the ordiiunce for further clarification and language. Mayor Callahan would like to eliminate sections 1-3. Ayes: 4, Navs 0. (#17) HK;IIWAY 12 & WILLOW INTERSECTION Moorse explained that he talked with Dob Va.sek with MNDOT regarding the ide^ from the meeting. One sugge.slion was to place "no left turn" signs at that intersection during rush hours. Mr. Vasek indieateil that generally that type of signage docs not deter people from making turns and its use would require cvMilinuc'us ei.loreeinent. Another idea^ was to install a sign saying "sigruil > air turn" biit that would not have a significant impact. Regaiding phvsieal barriers, Mr. Va.sek understood the option was not a serious consideration. This would be the best optiim, however, to restrict left hand turns. Goetten a.sked about the cost of installing the barriers. Moorse had inquired and found that Mr. Vasek is Umking into the costs. Hurr asked if drivers could cn>ss the street and was told that crossing would be restricted as well. Kcllcv asked if the City of Orono has a long-term game plan as to the flow of traffic. For instance, would the stop light be removed with the eventual cc'ntinuation of service roads. Mavor Callahan stated that he didn't believe anyone had a position regarding that. Kelley feels it is important to have a longer range plan in place because it s important to keep Highway 12 flowing. Mr. Peterson asked whether N^INDOT vveuild provided the signs if recjuested. Moorse stated that Vasck did not resprmd specifically to that question. He e.xpects to hear from Vasek soon as his people are coming out in the next week or so to e.xplore other possibilities. For example, a flashing light used as an indicator, to be placed about 200 feet before the intersection. Kellcv noted that if Old Crystal Bav Koad would be closed, there would be more bus traffic on Willow during the school year. 11c asked how this problem would be handled so that buses could make the necessary lelt hand turn from Willow. Hurr suggested having police at the intersection and that MNDOI should be aware of the situation. Mayor Callahan suggest closing Willow at the same time of closing Old Crystal Bay Road, thereby forcing the traffic down further. Hurr asked what the objections to placing the barrier would be. Mavor Callahan responded that one would be the inability to cross. Additionally, there are objections from people who are opposed to cutting off the left turn. Cioetlen noted that businesses especially don't want the left turn eliminated. Glenn Cook noted that the Mayor of Long I.ake feels the barrier is not an acceptable solution to the problem. In light of the fact that most drivers disregard warning signs as suggested. Goetten stated Aat she had asked whether the area could be monitored with a report on progress in six months, 'fhe Chief said he could do that. ROOF RFPAIR ( RVSTAI B \^ PO.S I Of KICK It was moved by Hurr. seeonded bv Goetten, to approve the roof repair bid for Plymouth Roofing for an amount of $5.3()().()0. Ayes; 4, Nays 0. (#19) EASF.MKNT ACQldSmO.N Ol.D CRY^STAL DAY' ROAD BRIlKiIK It was moved bv Cioetten, seconded by Hurr. to approve the easement acquisition for tne Old Crystal Bav Road Bridge with VCl Capital Inc. in the amount of $4,448.00 which is reimbursable to the Cits from Municipal State Aid Funds. Ayes 4. nays 0. DISCUSSION OF MUSA EXPANSION APPUCATION Hurr explained that the Met Couneil said that the MUSA application was incomplete because we had not agreed that we would comply with the storm water management requirements that arc pari of national regulations loda\ . In our (Mayor Callahan and Hurr) discussion with Mary Smith, it seems that they are eomh'rtable with....six months or mayl'ie a year. Mike says it’s a minor amendment and once we agree to an acceptable timeframe, it could be completed fairly quickly. Mr. Nettles would like to proceed with his connection and tlie purchaser of the property we are tr\mg to sell would also like to proceed. Mayor Callalian stated that he feels there would b** serious difficulties with the stormwater plan. These concerns are contained m the Metropolitan Councils own draft of what they want done. He warns that there will be problems down the road. However, with the new information 1 lurr presented, it sounds as though the City would be involved in the problems anyway. Would like to sugge.st that we direct staff to bring to budget meeting a resolution draft to accomplish the substance of our discu.ssion tonight so that we can foi.mally adopt necessary language for the application. It was moved by Mayor Callahan, seconded by Hurr. to approxed the Alan Nettles Sewer Connection subject to the above request of staff. Ayes: 4. Nays 0. (#21) ALAN NETTLES SEWER CONNECTION Moorse explained that Mr. Nettles proposes to pay his connection over time rather than in a lump sum. Moorse has looked into this and determined that it would be easy to do - simply add it as an ,as.sessment to his property. He warned, however, liiat this would set a precedent and that there are oth**r situations that would come up requesting the same arran(.ement. Kelley asked where the nii>ney wouid go. Moorse explained that it would be available to fund debt service. Hurr asked how the figure was arrixed at. Moorse explained that the original assessment was S9.235 and increased over the years by co.sts of living increases. Hurr asked what interest rate is p.iid by tho..e individuals who opted to have the fee added as an assessment. Moorse stated that he believed it \\.i « about 8.5%. Hurr staled that she feels the same r.ile of interest that original homeowners arc paying would have to be charged. Kelley asked how K*ng Mr. Nettles wants the term of payment to be. Mr. Nettles propi»sed that since he purchased the property in August 1986, he would pay down the fee to the point as other lu»meowTiers and to finance the remainder to the same term as other homeowners at the Siime rate of interest. Ilurr asked what precedent this would set for the other two properties. Would they have to be financed for seven years also? Moorse stated it wouKl be possible and is considering whetlicr this situation is unic]uc inoiij’h to set it apart. Goetten feels there is a difference between established properties and new properties. Kelley agreed that the distinction is \ery important and that requiring the full payment could impose r hardship on the owner of an esisting property whereas tlie fee could be included in the fmaneing of a new property. Mayor Callahan stated lliat he is opp«>setl to the request. 1 lurr stated her concern alH>ut the precedent. Mayor Callahan stated that a decision wi'uld have to be postponed until the full Council is present since the issue is split evenly. Mr Nett'es commented concerning the precedent, that there is a major difference between the amount of money an individual has lo come up with versus the money a developer would be required to come up with and that it would be more difficult for an individual to obtain the funds. Mavor Callahan noted that there is not a purcrose Ct^reement signed by Mr. Melamed tmd that if there is no purchase agreement b> I riday, he would vote no on Monday because he felt it was not worth it to make the arrangement for Just one property. («20) ROAD MAINTENANCE I’Ol.K V Moorse explained the information included in the packet describes what there is to consider if the Council is going to move away Irom its current policy ol leaving the private roadways on their own in terms of maintenance. 1 he inlormation describes locations and conditions of roads to be considered, along with an estimate ol costs lor maintenance. Hu’T asked how nuuiy roads don't have cul-de-sacs and what would it cost to build that right of way for each one. Cierhardsi'ii noted that the costs listed do not include the acquisition of those rights of way. Kelley asked how many of the rt. id' w ish to remain private. Gerhardson said he believes he’s had u call from every one of them indicating an interest in a policy or procedure regarding the C iiy providing maintenance. Ilurr commented on Millsion K-ing c.illed a private road because of the school bus using it. Kelley explained that the bu.ses do use the private roads to drop the children oil at the door as a matter of safety. It was moved by Mayor C allahan, seconded by Ilurr, to recommend acceptance ol the information. Ayes; 4. Nays 0. (#22) RKSOLin iON OK AIM’KIX lATION TAMARACK SKNIOR CKNTKR MEMBERS RESOLUTION #3333 Mayor Culluhafi noted that the l^esohition lacked some language that would convey the Council’s true appreciation. Gerhardson clarified that the actual award would include that language that is not evident in the Resolution. It was moved bv Mayor Callahan, seconded by Kelley, to recommend approval of the Resolution of Appreciation Tamarack Senior Center Members. Ayes: 4, Nays 0. Hurr will be present to take a photograph ol the presentation. (#22A) BID AWARD FOR UNDl lU;ROUND TANK REMOVAL It was moved by .Mayor Callahan, seconded by Goetten, to award the bid to Griffin Service Station in the amount of $1 .SOO.OO. .Ayes: 4. Nays 4. Kellev asked if thev would actuallv destroy the tank and not just leave it in a landfill or other J • * location. Gerhardson explained that they would render the tank harmless on the site and the tank will then be properly disposed of. (*«23) LICENSES - RESOI UTION «3334 It was moved by Gocttcn. seconded by llurr. to approve (he following licenses and permit: I lome Occupation License - 1 en I ech Corporation. F & R Contracting Gambling Permit - Minnesota Multiple Sclerosis Society at Jimmies Lounge - Resolution ^3334 Ayes 4, Nays 0. (*#24) BILLS It was moved by Goelien, seconded by llurr, to approve payment of the All Funds Account, Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned by Mayor Callahan at 10:10 p.m. Ayes 4, Nays 0. Edward J. Callah^ Jr.^layor in. City Clerk k Cruncii Planninq Ccnmissic: <3 o p. PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE. 9- ‘u --i PLEASE FILL Oil THE INFORMATION REQUESTED BELOW FOR OUR CITV RECORDS. NAiME OR NUMBER AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 27, 1993, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine one motion by the City Council under the Consent regarding each of the Agenda items are available may be obtained upon request from the Recorder. ROLL CALL * 1. CONSENT AGENDA APPROVAL OF MINUTES * 2. Regular Meeting of September 13, 1993 PARK COMMISSION COMMENTS ■ PLANNING COMMISSION COMMENTS items to be enacted upon by Item* on the agenda. Memos in the Public l acket which % %V % 3. Jim Daniels - Cable TV Administrator (1994 Budget) PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT ** APPLICANTS ** * 4 5 6 7 8 9 . 10 11 Immediately after the Council has reviewed your application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials ♦U829 Diane Sieff, 1080 Wildhurst Trail - Variances - Resolution #1847 Michael & Dana Barrett, James & Molly Wheeler, 2912/2918 Casco Point Road - Subdivision of a Lot Line Rearrangement - Resolution #1856 Mark & Jenny Prueter, 3215 Crystal Bay Road - Variance - Resolution #1858 John & Marla Meredith, 3685 Watertown Road - Variance - Resolution #1863 Robert Luesse, 3249 Casco Circle - Variances - Resolution #1864 Irwin Jacob.-=!, 1700 Shoreline Drive - Conditional Use Permit/Variances - Resolution #1870 Stephen & Randi Carlson, 1185 Arbor Street - Variance - Resolut, ion #1872 Orono Woodlands Inc./Paul Phillips, 2100/2140 Sixth Avenue North - Vacation of Drainage and Utility Easements - Resolution MAYOR/COUNCIL REPORT POLICE CHIEF'S REPORT ENGINEER REPORT CITY ADMINISTRATOR'S REPORT *12. Fall Clean Up . , Ordinance Amending Sec. 9.34 'Fire Protection & Prevention Water Craft Ordinance Long Lake Fire Contract Long Lake Police Contract 17. Highway 12 & Willow Intersection *13 14 15 16 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 27, 1993, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT Continued ^18. Roof Repair Crystal Bay Post Office Easement Acquisition Old Crystal Bay Road Bridge Road Maintenance Policy (Public/Private Roads) Alan Nettles Sewer Connection Resolution of Appreciation Tamaraclc Senior Center Members 19 20 21 ► 22 .22A. Bid Award For Underground Tank Removal ♦LICENSES (23) ♦BILLS (24) ADJOURNMENT UPCOMING ISSUES AND EVENTS 09/27 - Council meeting 7:30 p.m. • Council Work Session 7:00 p.m. • Park Commission meeting 7:00 p.m. • Council meeting 7:30 p.m. • Planning Commission 7:00 p.m. • Council meeting 7:jo p.m. 10/04 10/05 10/11 10/18 10/25 MINUTES OF THE REGULAR ORONO COUNCIL \IEF^INO?jr^ HELD SEPTEMBER 13, 1993 KOI.L ^ %/riie Council met on the above date with the tollowing members present: Mayifcndward Callahan. Councilmcmbers Gabriel Jabbour, J. Diann Goetten and Charles Kelley. JoEllen Ilurr arrived at 9:05 p.m. The following represented staff: City Administrator Ron Moorse, Public Works Di.ector John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator .Michael Gaffron, City Attorney Tom B:trrett, City Engineer Glenn Cook and Recorder Lin \'ee. Mayor Callahan called the meeting to order at 7:30 p.m. m) CONSENT Kelley added Items #6, #8 and #10. Jabbour added Items #12, #15 and #18. Moorse removed Item #4. It was moved by Jabbour. seconded by Goetten. 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 MJNUTES It was moved by Jabbour. sect tided by Goetten, to approve the minutes of the August 23. 1993 Council meeting. Ayes 4. nays 0. PARK COMMI.SSION COMMENTS Lili McMillan was present representing the Park Commission. She explained dial the proposed Frietids of Park Aw ard would be an annual award to an individual or group who has volunteered their time and effort on behalf of Orono's parks. She described what the plaque would look like additig that it wDuld probably be placed in the Council Chambers hallway. Councilmcmbers agreed the award was a good idea. It was tnoved by Jabbour. seconded by Goetten. to allow the Park Hoard to spend $125.00 from the park dedication fund to cover the cost of the plaque, an aw.iid certificate and foi>d for a reception to be held October 5, 1993. Ayes 4, nays 0. .Mayor Callahan added that the award should be a City award sponsored by the Park Board. .McMillan agreed that the award would be presented on behalf of the City. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SERI EMBER 13, 1993 (#4) #1803 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - FINAL SUBDIVISION - RESOLUTION #3318 Bob Mitchcil was present representing the applicants. Mabusth explained that in the preliminary plat there was no Outlot D so there was no issue raised regarding the outlot. In the final plat, Outlot D appeared. In the original re.solution, it was stated that Outlot B could be legally combined with the Carpenter property or the adjacent property. Mitchell has asked that the outlot be legally combined with Lot 1, Block 1. Tlie amended resolution, Page 2, Condition 2, reads "As Outlot D is unbuildable and relates closely to Lot 1, Block 1 and is not contiguous to any other property owned by the developer, Outlot D and Lot 1, Block 1 shall be deemed combined for Orono’s subdivision and land use purposes with the execution of a special lot combination." It was moved by Callahan, seconded by Jabbour, to adopt Resolution #3318 as amended. Ayes 4, navs 0. PLANNING COMMISSION COMMENTS Charles Nolan represented the Planning Commission. There were no comments. PUBUC COMMENTS Marne O’Meara, 2000 Webber Hills Road, explained that while recently purchasing their home they had to deal with the new septic regulations. Since their system did not comply, they were given two years to upgrade the system. Because they purchased the home under foreclosure, a complicated purchase agreement was written. Funds were in escrow for a septic system. Once they moved in, the septic moratorium was imposed. She is asking for two things: 1) Several neighborhoods are being considered for sewer. She would like an expedient decision on whether or not sewer will be utilized in the Webber Hills area. 2)If septic systems are to continue in Webber Hills, she would like to be allowed an exception to the moratorium to proceed with the upgrade of their system so they can comply with the stipulations of their purchase agreement. Mayor Callalian explained that the moratorium is only for preventing the City from enforcing the septic ordinance; it docs nt^f prevent anyone from prtxieeding w ith the installation of a septic svstem. MINUTES OK THE REGULAR ORONO COUNCIL MEETING HELD SEKI EMBER 13, 1993 PUBLIC COMMENTS - CONT. O’Meara asked again for a decision regarding sewer in the Webber Hills area. Mayor Callahan pointed out that it will be a slow process to decide which, if any, "hot spots" will be sewered. Jabbour added that the.se areas will be reevaluated periodically. Orono has a very limited number of sewer units available tor use. Kelley added that Mike Gattron is knowledgeable in this area and could talk with her if she has any further questions. ZONING ADMINISTRATOR’S REPORT (/It4) #1803 WOODHILL COUNTRY CLUB, 200 M OODHILL ROAD riiis item was discussed prior to Planning Commission Comments. (#5) #1829 DIANE SIEFF, 1080 WILDHURST TRAIL - VARIANCES The applicant, Diane Sieff, and her son Gerald were present, Mabusth explained that the applicants rebuilt the decks in 1991. They did not expand upon the deck to the lakeside or the south, but a deck that was originally about 6 ’ x 20 ’ was expanded an additional 8 ’ resulting in 160 s.f. of additional hardcover in the 75-250’ setback area where excesses already exist. The structures were improved without building pennits and met the required setbacks. Tlie proposed addition to the deck at the northwest corner meets the required 10’ side yard setback. The issue is hardcover for this variance review. The applicant has proposed, in exchange for 160 s.f. of additional structural hardcover, to remove 84.4 s.f. of strucmral hardcover in the 0-75 ’ area and approximately 331 s.f. of non-structural hardcover consisting of rock with plastic and concrete pavers within the street yard. The Planning Commission was unable to affect a decision with a 2-2 vote. This application is brought to Council for their consideration and final action. Callahan noted that when the Planning Commission suggested removal of some hardcover in the driveway, they were told the next door neighbor used the driveway so portions of the paved area could not be removed .Sieff asked if a letter had been received from the neighbor. Mayor Callahan confinned that a copy of the letter was included with the packet information. Jabbour emphasized the philosophy of the Council not to replace non-structural hardcover with .structural hardcover. He views non-structural hardcover as non cmdonning, illegal structures. r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 13, 1993 (#5) /f^l829 DIANNE SIEKF, 1080 WILDHURST TRAIL - CONT. Kelley asked who Roy Benson was. Sielf replied that it was her ex-husband. Kelley noted the hardship was no longer prevailing since Mr. Benson with his back problems no longer lives at Ihe house. This makes hardship use of the deck no longer necessary. Kelley felt the deck could be moved back to what it was prior to construction and continue with the removal ol the shed next to the lake. Sieff explained the hardship she was relerring to was the next door neighbor using her driveway, not Bcn:;on with his back problems. Mabusth explained that a 10’ x 8’ deck addition was constructed without application and w'ould have required a variance review because of excesses of hardcover. Kelley reiterated that the hardship no longer exists. Jabbour stated the hardship should be tied to the land, not the applicant. Since the shed was there before the deck addition, Jabbour asked if the City could require the removal of the shed. Mabusth added that the decks were there before the ordinances in 1975. Kelley asked if Jabbour wante I to trade removal of the shed for the deck. Jabbour responded that you have to look at what is the worst of two po.ssibilities and try to avoid it. Gerald Sieff noted that the shed and other hardcover was there before 1975, so the City could not require those removals. 1-rom his point of view, they are proposing to remove 84 s.f. of an existing shed in the 0-75’ zone plus another 391 s f. of non-structural hardcover. That calculates out to 5.2 times the area of non-structural to structural removals. It would seem more benencial to remove 468 s.f. of hardcover than to remove 160 s.f. of deck. Jabbour stated that a hardship still needs to exist. In the resolution, it should be stated that if any of the gravel'plastic that is removed reverts back to plastic/gravel, the City has the right to revoke the variance. Mayor Callahan expressed concern over the neighbor using the driveway, lie asked Gerhardson for input about this driveway and suggested Gerhardson look at this situation to see what can be done about the neighbor ’s driveway access. The neighbor does not have an casement over the driveway. Goetten did not think a decision about this application should be based on the neighbi>r’s problems. She a\so felt there could be additional hardcover removals. The blacktop is an important issue. Gerald Sieff felt there were three options to be considered. 1) Tear down the neighKir’s garage MINUTKS OF I IIK RKGULAR ORONO COUNCIL MKFTINC IIKI.D SKFI EMBER 13, 1993 iffS) #1829 DIANNE SIEFF, 1080 WILDHURST TRAIL - CONT. 2) Continue to use the current driveway. 3) Remove the current driveway and build another driveway between the Sieffs and the neighbor’s driveway on the lower part. Sieff noted that many of the problems with the Planning Commission were over what the dennitions of non-structural hardcover are. i.e. blacktop vs. plastic underliner for rose beds vs. gravel. Callahan stated that the object is not to trade hardcover for equal amounts of hardcover but to reduce hardcover to the allowed levels. Sieff replied they were not proposing an equal exchange but 478 s.f. of removals for 160 s.f. hardcover. Jabbour added the City was try ing to get as close to 25% as possible. Kelley asked to see what the applicant could propose if the driveway were disallowed to the south. This would reduce a substantial amount of hardcover if the lower portion of the driveway were removed. He would like to see figures as to how close to 25% these removals could obtain. If only 2-3% were gained, it wouldn’t be effective. Mabusth added that these questions were asked of the applicant at the Planning Commission meeting. The applicant noted that the doors on the garage were for maintenance vehicles. To access the garage from the other side, vehicles would have to be moved out of the garage to get to the back. Sieff noted the area being discussed is about 4’ x 6’. The applicant felt nothing could be removed in the 75-250 ’ zone because of access to the doors. Kelley still wants to see a proposal for removals because a paved area may not be necessary tor using the.se doors. Goetten added the City is looking for help from the Sieffs in more elimination of hardcover since they are way over the total allowed amount. Gerald Sieff expressed his frustration w ith looking for more removals. They have been at three meetings and have not been able to find a better solution. Tliey have lived on the lake for 17-18 years and are al.so very concerned about the environment. They are offering to give up 478 s.f. of hardcover. Jabbour agreed with Kelley that it would be difficult to get additional removals in the 75-250 ’ /one. Ihis leaves the City with the option of accepting the proposed removals which may be m«)re favtirable to the City than asking for the removal of the 160 s.f. deck. It was moved by Jabbour, seconded by Mayor Callahan, to grant the after-the-fact variance for the deck conditioned upon removal of the shed by the lake and all other proposed hardcover removals as presented in the application and discussion with the City Attorney about including a stipulation that if any t>f the non strucmral hardcover removals reappear, tlK applicant would be required to reappear before the Council and the deck wanild have to be removed. Ayes 3, nays 1. Goetten was oppo.scd. MINin KS OK niK RKCJULAR ORONO COUNCIL MKKTING HKLI) SFPrKMBKR 13, 1993 (•#6) #1844 KEN HOPKINS, 65/75 reRNDALE ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION #3319 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3319 for applicant Ken Hopkins granting a lot line rearrangement for the properties located at 65/75 I-emdale Green. Ayes 4, nays 0. (#7) #1846 ALAN AM) LESLEE UPIN, 740 FONKAWA ROAD - \'ARIANCES - RESOLUTION #3320 Mr. and Mrs. Upin were present. Mabu.sth explained the applicants propose the removal of a 19’ X 21’ concrete patio and the replacement of a 12’ x 19” screen porch addition. The Planning Commission agreed unanimously upon removals of a brick patio area, a tormer dog run and a land.scape area underlain with plastic. There are drainage concerns which is why a portion of landscape area underlain with plastic has remained. There will be a final reduction of hardcover in the 75-250’ zone from 48% to 45.2%. There is an average lakeshore setback encroachment as well as excess hardcover in the 0-75’ setback area. Tlie lot has severe slopes with a steep lakeshore bank. Callahan asked the Upins if information in the packet was correct and the resolution satisfactory. The Upins confirmed the information to be correct and agreed with the resolution. Jabbour noted a garage had been added rc,eiitly. Mabu.sth stated there was no record of the addition and the Upins were new owtiers. It was moved by Mayor Callahan, seconded by Jabbour, to approve Resolution #3320 as proposed for applicants Alan and Ixsiee Upin, 740 'ionkawa Road, to permit the construction of a 12’ x 19’ attached screen porch to the lakeside of the existing residence to be located 5’ in from of the average lakeshore setback line, 65' from the shoreline requiring a 10* or 13.3% setback variance, hardcover variance iii the 0-75’ setback area of 438 s.f. or 7.7% and a 2,064.7 s.f. or 20% variance in the 75-250’ setback area. Ayes 4, nays 0. GiKifen expressed concern over the e.xccssive hardcover in the 75 250’ zone. I'here is 48% hardcover where only 25% is allowed. She questioned if more could be removed since a 3% reduction is not a whole lot. Jabbour and Goetten looked at bituminous removals. Mayor Callahan noted there appears to be only a sufficient amount of bituminous to maneuver out of the garage. Mrs. Upin added that they have p.op«>sed all removals they pt»ssibly can. MIMJTKS OF rilF kFtJl LAR ORONO COUNCIL MEETING HKLl) SKIM EMBER 13, 1993 (•#8) 1852 HOWARD EISINX.ER, 3245 WA^'ZAI’A BOULEN'ARD - CONDI I lONAL USE PERMIT - RESOI.UTION mi\ It was moved by Jabhour, seconded by Goetten. to adopt Resolution ^3321 for applicant Howard Eisinger. 3245 Way/ata Bimlevard, granting a condiiional use permit to permit the filling of 70.000 cubic yards of fill to be placed over a former dump site of approximately 12 acres in area. Ayes 4, nays 0. (#9) 1853 RICHARD E. AND A. JEAN ENGEBRETSON, 1180 TONKAWA ROAD - VARIANCES - RESOLUTION mU riie applicants ’ architect, Joe Mctzler, and builder, Jim Bruce, were present. Mabusth explained that the Engebretsons propose new construction. The existing structure extends far beyond the average lakeshore setback line. There is approximately 449 s.f. of blacktop used for a backout apron for a three-stall garage within the 0-”75’ setback area. There has been a great attempt made in relocating the house on this property to minimize expansion toward the lake. The setback for the proposed structure is 56’. A 21’ average lakeshore setback currently exists and is proposed at 6 ’. Hardcover is proposed at 9.6% in the 0-75’ zone and cxi.sts at 15.8%. In the 75-250’ zone, hardcover exists at 23% and is proposed at 27.5%. Although there is an increase in hardcover in the 75-250’ setback zone, there .ire major reductions in the 0-75’ zone. The Planning Commission questioned why some of the blacktop could not be removed. It was detennined that, because of safety issues involving backing out onto the road, it would be necessary to maintain the blacktop area for parking so that turnaround would not be blocked,. It was moved by Jabbour, seconded by Kelley, to approve Resolution #3322 granting variances for applicants Richard E. and A. Jean Engebretson, 1180 Tonkawa Road, to permit construction of a new residence measuring 43’ x 50’ requiring a 19’ or 25.3% lakeshore setback variance, a 6 ’ encroachment of the average lakeshore setback. 9.6% hardcover variance within the 0-75’ setback area and a 2.5% hardcover variance within the 75-250’ setback area. Ayes 4, nays 0. Mayor Call.ilun called a rcce.ss from 8:30 p.m. - 8:40 p.m. M A YOR C ()t NT 11. REPORT I his item was moved to a later time for discussimi. ENGINEER REPORT This item was moved to a later time for di.scussion. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 13, 1993 Cn V ADMINISTRATOR’S RKPORl’ (*#!()) STUBBS BAY SEWER RECONSTRUCTION ON LEAF STREEF - FLRCIINER PROPERTY Althougli this item was on the Consent Agenda. Mayor Callahan commented fliat Mr. Furchner had contacted him and thanked the Council and staff for their help in resolving his problems. (/^^II) SIX MONTH FINANCIAL REPORT Mayor Callahan suggested this matter be moved to the work session scheduled for October 4th for discussion. Kell?*y commented that he was pleased with the report. It was moved by Mayor Calhilian, seconded by Jabbour, to accept the report as presented. (•#12) UNDERGROUND TANK REMOVAL CONSUI TANT It was moved by Jabbour, seconded by Goetten, to designate Braun Intertec as the consultant for the underground tank removal for an amount of $!,95().00. Ayes 4, nays 0. (#13) Ilf CORDER CONI RACT Moorse reported that the recorder’s contract would be for approximately $4,300.00 per year. The previous recorder was paid approximately $6,000.00 annually. Moorse confirmed that this is a better solution than having the City Clerk do the recording of meetings. It was moved by ivlayor Callahan, seconded by Jabbour, to approve the selection of the recorder per the fee schedule as outlined in the memo dated September 10, 1993. Ayes 4, nays 0. (#14) 1994 BUDGET AND PROPO.SED TAX LEVY - RESOLUTION #3323 Mayor Callahan suggested that the budgeted amount of $1,916,637 be increased by $60,(>fX). Tfte lew for the 1989 sewer and water fH)nds of $25,000 is not sufficient to . over the debt service on the bonds, and the building fund should not be drawn down in poneipal for the purpr)se of helping the General I'und. l^ach of these items is about $60,000 but he did iu)t think the budget should be increased by $120,000. Jabbour agreed. Mavor Callahan noted that the maximum amount tlian can be levied is the amount determined at this meeting. Internally the levy can be reallix:ated but not increased. It was moved by Jabbour. scc».nded by Kelley, t<' aoopt Resolution #.3323 approving the proposed maximum 1993 tax levy collectible in 1994 of $1,967,637. Aves nays 0. MINUTES OF THE REGUI.AR ORONO COUNCIL MEETING HELD SEPTEMBER 13, 1993 (•^15) AUCTION OF CONFISCATED AND EXCESS PROPERTY II was im)vcd by Jabbour, seconded by Goetten, to accept the information regarding disposal of unwanted, obsolete and confiscated items. Ayes 4. nays 0. (tne) SEmc .moratorium This item will be discussed following Item #17. (#17) DAVE PETERSON - HIGmVAY 12 DISCUSSION Peterson presented additional information to the Council. He felt it is the City’s and State's obligation to provide .safe highways and ma.\imum traffic flow to the best of their ability. There has been discussion about a stop light at the inte’-section of Willow Drive and Highway 12 for a number of years. Peterson has had conversations with Police Chief Sullivan and Police Chief Kilbo regarding this matter. Peterson indicated he had received .some discouragement from Chief Sullivan despite the fact that Chief Sullivan had no facts available about the nature and frequency of accidents at this inter'ection. Peterson ob.servcd that there is nev information in the packet regarding 1993 figures. Peterson noted, according to his report, that 8 accidents were reported at this comer in 1991 and 15 accidents in 1992. This calculates out to 1 accidents per month indicating that accidents will continue at the rate of at least one per month. On this basis, Peterson is requesting some changes to be made as sovin as possible. He expressed his frustration and disappointment with the bureaucracy involved with this issue and their loss of letters written to MnDOT. He pointed out in the July 21, 1993 letter from MnDOT that the proposed work would have a cost of $1 ,050,(X)0 and would not to be completed until the end of 1994. He does not want to wait for another 15 accidents to occur during that time period He also noted that MnDOT suggested the quickest, best and safest solution is to close the median. He did not feel waiting until a decision is made on the Highway 12 corridor is an appropriate answer and wants to have a respon.se to the MnDOT letter. Peterson indicated he has presented this information to Long l^ike and they were enthusiastic about signage for turn restrictions. He requests that Orono either consider signage or the MnDOT suggestion of the "pork chop island". Peterson noted according to statistics (hat accidents (those that are turn related) could be reduced by 56% at this intersection It is fcnrlish not to try to reduce accidents at this intersection when there are ptTssible solutions. In response to Mayor Callahan, Peterson added there would be other ramifications with turn restrictions such a' an increase in traffic on Brown Road and in lA)iig Uik- and an increase of planning for trips by people using Willow Drive. MINUTES OF THE RKCaJLAR ORONO COUNCIL MEETINO HELD SEin EMBER 13, 1993 (#17) DAVE PETERSON - HIGHWAY 12 DISCUSSION - CONT. Mayor Callahan noted iralfic near the school would be affected and there would be economic chanues for the businesses on the Willow corner. He felt the City has been pressing MnDOT as hard as they can. Letters have been written, resolutions passed, meetings have been held, committees have been established from Long Lake and Orono. etc. Mayor Callahan is not opposed to Peterson’s suggestions but he feeis Orono has dt>ne all that can be done at this time. Peterson feels the City has not been listening to the problems because he has been dealing with this issue for over two years and has seen no progress w'ith the highway. He teels others have decided a new highway will "fix" the problem and this is a long way off. If the suggestion for turn restrictions was done, it would not be irreversible it it did not work. He was told by MnDOT that physical barriers would be at MnDOT’s expense. Callahan questioned if Peterson knew how long it would take MnDOT to get authorization to "write the check" for these physical barriers. Peterson asked if that was a reason to do nothing. Peterson understood 'hat there were other upgrades being considered such as the continuation of Daniels, the frontage road along Highway 12. that would alleviate some congestion problems. In addressing commercial concerns, Peterson felt there were other ways to reach these businesses that people would find. .Since there are 20.000 cars driving this highway every day. Peterson feels a safe highway is owed to these users. Kelley commented he may be in favor of no left turns without the pork chop island during rush hours until a long-term solution is completed. Before pursuing this he would like to hear comments from the public and surrounding businesses. He ag.'ced there are many close calls for accidents at this intersection. Peterson feels that siiice MnDOT is suggesting the temporary solution that it should be considered. Kelley would like to see what the costs and ramitications would be of putting in "no left turn" signage. Goetten added that there is a Willow Drive/Highway 12 committee meeting with MnDOT representatives this week to see what can be done reali.stically by the Council. Peterson reiterated that the signs could come down if they did not work. He wanted to know when he could expect an answer and does not want to see it pigeon-holed again. Mayor Callahan replied that the issue has not been pigeon-holed. A Task Force has met in the last two im>nths with representatives of Long Lake and MnDOT to see what is feasible tor this intersection and whether Long Lake’s traffic could be moved through Orono. Another meeting is scheduled. MINUTKS OF THE REGULAR ORONO COUNCIL MEETING HELD SEFFEMBER 13, 1993 (#17) DAVE PEFERSON - HIGHWAY 12 DISCUSSION - COST. Jabbour asked what the next step would be if the Council felt signage should be considered. Mayor Callahan thought they would have to speak to MnDOT at the next meeting and request that signage be put up. Jabbour also expressed his frustration with the way the cities have been dealing whh MnDOT and the time needed to resolve issues. He agrees that a temporary- solution should be considered. Mayor Callahan noted that there is not agreement in blocking off the left turn lane as the best temporary solution. Kelley asked for a report from Goetten on the upcoming meetings with MnDOT at the next Council meeting. Peter.son reque.sted that he placed on the Agenda for the meeting with MnDOT. llurr arrived at 9:05 p.m. (#16) SEFI'IC MORATORIUM - ORDINANCE NO. 120, SECOND SERIES .Mayor Callahan explained that a draft ordinanee was being pre.sented for consideration regarding the moratorium on enforcement of the septic ordinance as it relates to the 3’ of unsaturated soil. He felt the ordinance was acceptable except that Section 2 which refers to the Planning Commission conducting a study of this matter could be eliminated since this may be better done at the Council level. City Attorney Barrett opii>ed that the moratorium statute requires that the Council either provide or request a study. Mayor Callahan suggested that it be done by Council and included in the ordinance. Kelley c«unplimentcd Gaffron on the information provided regarding this issue. It was nu>vcd by Mayor Callahan, seconded by Jabbour, to adopt Ordinance No. 120, Scci>nd .Series, "An Ordinance establishing a Moratorium on the Imforcemcnt of City Ordinances Rcqnirim* Upgrade of Certain Nonconforming Septic Systems as Described Herein" except ihat .Section 2 should indicate that the study will be undertaken by the Council. Ayes 5, nays 0. ENTHNEER REPORT City Engineer Cook was present. 1 here was nothing new to report MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPFEMBER 13, 1993 MAYOR/COUNCIL REPORT (A) Infoniiation on Proposal for Development of the Southwest Corner of Willow and County Road 6 Mayor Callahan thought the memo was asking if the Council would consider rezoning this area from one-acre to two-acre zoning and if they would consider the Lundgren Brothers application without any preliminary intormation. Kelley, Goctien, Jabbour and Major Callahan responded they would not consider this request while Hurr thought she would need more background. Mayor Callahan noted there is a procedure to bring a rezoning request before the Council which was not followed. Terr>' Forbord, Vice President of Lundgren Brothers, apologized for any confusion over their request. They were looking for direction as to whether the Council would consider a rezoning request before they proceed with a formal application. Mayor Callahan suggested they proceed through the proper channels if they want further consideration. Forbord indicated that in discussions with staff Uiere was a feeling that it may be appropriate to bring this concept before the Council. (B) Infonnation from Lili McMillan Regarding a Subcommittee for the Crystal Bay Site Mayor Callahan explained that consideration of what should be done with this property and the old sewer plant property was previously referred to the Park Commission to see if they thought it would be desirable to use these properties as parks. Mayor Callahan felt that the Crystal Bay site should be grassed and left as it is. Jabbour, Kelley and Goetten agreed that this property should be left undeveloped but retained by the City. Gerhardson commented that Lili McMiUan would like to hear input from the Council and would be willing to discuss the Crystal Bay site with Council. Mayor Callahan responded that she would be welcome if the Park Commission felt it necessary to turther discuss tlie site. Gerhardson stated the Park Commission was also getting information from the ncighborho<xl about what they would like to see at tlic site. llurr stated she had also been contacted by some of the Crj stal Bay neighbors and would prefer m>t to close the matter at this time. Kelley commented that this is a residential neighborhood and he would prefer to see this property remain as parkland. Jabbour wants to be sure the Park Commission dix*s not feel they have to conviiKe the City not to sell this property as this will not be the case. 12 MINUTKS OF THK REGULAR ORONO COUNCIL MEETING HELD SEFFEMBER 13, 1993 MAYOR/COUNCIL REPORT - CONT. (C) Hurr explained that the County Road 15 issue will be placed on the agenda for the October 11 Council meeting. Some representatives from the County will be present to answer questions. Goetten asked if there would be an overview' meeting lor the Council. Hurr stated that information would be available at 7:00 p.m. prior to the Council meeting if any members wanted further information. (D) Jabbour referred to the packet of information sent to CounciImembers regarding the possible reorganization of the LMCD. He noted that several meetings have been held regarding this issue. Recent meetings have been with Gen Olson. Mr. Oliver. VanDellan. the DNR and the risherman’s Congress. CITY ATTORNEY’S REPORT Tom Barrett was present. There was no information to be presented. (*#18) CDBG SUB-RECIPIENT AGREEMENT - RESOLUTION #3324 It was moved by Jabbour seconded by Goetten, to approve Resolution #3324 authorizing the mayor to execute sub-recipient agreement with Hemiepin County for the Urban Hennepin County Community Development Block Grant Program for Year 19. Ayes 4. nays 0. (*#19) LICENSES It was moved by Jabbour, seconded by Goetten, to approve the following licenses: Septic System Installer - Patnode Bros. Sewer and Water Home Occupation License - Heliotrtipe Garden Design Aves 4, navs 0. (*#20) BILLS It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds Account. Ayes 4, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HEU) SEFI EMBER 13, 1993 ADJOURNMENT It was moved by Mayor Callahan, seconded by Hurr. to adjourn the meeting at 9:25 p.m. Ayes 5, nays 0. Fo: From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorsc, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator September 23, 1993 % % 0. tt\%29 Diane Sieff - 1080 Wildhurst Trail - Variance - Resolution I At the September 13th meeting of the Council, Council moved conceptual appro/al of the proposed after-the-fact variance application of Diane Sieff as proposed. Council specifically asked that language be included in the resolution that would allow for the removal of the 8 ’ x 20 ’ deck expansion if plasf’. underliner or geotechnic fabric was to ever be installed on the property. Review Condition 2 on Page 2 of the resolution. The City Attorney has reviewed Condition 2 and found it acceptable. John Gerhardson has completed his inspection of the curb cut at Wildhurst Trail. Please icview his comments in the enclosed memo. Tlie enclosed approval resolution is presented for Council ’s review and action. CITY OF ORONO I*.0. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. mi9 NOTICE OF COUNCIL ACTION Date of Notice: September 23, 1993 TO: Diane Sieff 1080 Wildhurst Trail Orono, MN 55364 TYPE OF APPLICATION: After-the Fact Variances DATE OF MEETING: September 13. 1993 VOTE: 4 FOR 0 AGAINST COUNCIL ACTION - MOTION: Council conceptually approved your variance application as proposed and amended by the Planning Commission. The enclosed resolution will be presented for Council ’s review and action at their September 27th meeting. Please contact my office if you have any questions pertaining to the findings and conditions of that resolution. f A RESOLUTION GRANTING AN AFTER-THE-FACT VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE NO. 1829 WHEREAS, Diane Sieff (hereinafter "the applicant") is the owner of the property located at 1080 Wildhurst Trail within the City of Orono and legally described as follows: Lots 5 and 6, Tonkaview Gardens, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for an after-the-fact variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the reconstruction of decks and a deck expansion of 8 ’ x 20’ at the north side of the residence where 7,500 s.f. or 39.5% hardcover exists and where 7,265.9 s.f. or 38.2% is proposed and where 25% is allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1829. 2, The property is located in the LR-IB Lakeshore Residential Zoning District rec]uiring one acre in area. The property consists of 28,5(X) s.f. or .65 acres. 3 The Orono Council reviewed this application at their September 13, 1993 meeting and recomniended ct'nceptual approval ul the alter-the-lact variance application based upon the following findings; A. Total hardcover on the property has been reduced from 28.1% to 27%. D. Applicant has proposed total removal of hardcover within the 0-75 ’ setback area. C. All structures cither remodeled or expanded .meet required setbacks. U only variance sought by applicant is for hardcover excesses within tl^ 75-250 ’ setback area. Page 1 of 5 E. F. Applicant has proposed the removal cf 84.4 s.f. of sirucrural hardcover in the 0-75’ setback area for 150 s.f. of new structural hardcover located within the 75-250’ setback area. Applicant proposes the renn'val of 394.1 s.f. of non-structural hardcover to offset new structural haracover (160 s.f. - 84.4 = 75.6 s.f.). 4. 'I'he City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessar>’ to alleviate a demonstrable hardship or difficulty; is necessary topreserv'e a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants an after-the-fact variance per Municipal Zoning Code Section 10.22, Subdivision 2 to permit the reconstructed decks and 8’ x 20 deck addition to remain as constructed, subject to the following conditions: 1. All hardcover improvements scheduled fo« • val and as shown on Page 5 ot dii.s resolution shall be completed by October 15. 1993. Applicant shall be responsible for contacting building staff to confirm the removal of lakeshore shed and other non-structural hardcover by the specified deadline date. 2. Applicant and future owne-^s are hereby advised that tf a plastic undcrliner or geotechmc fabric is reins*ailed within planter box area as shown on Page 5 of this resolution or if other areas of properly arc covered with plastic underliner or geotechnic fabric where excesses of hardcover already exist on the property that the City will require the immediate removal of the 8’ x 20’ addition to the deck on Lhe n< *th side of the residence as shown on Page 5 of this restdution Page 2 of 5 3.Autht-.ilics granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by applicant completing all hardcover removals by October 15, 1993 or this variance will expire on that date. 4.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 auiliority granted herein, and shall be punishable as a misdemeanor. 5.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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27lli day of September. 1993. ATTEST: Dorothy M. Hallin, City Cleric Edward J. Callahan, Jr., Mayor Property Owner (s) ST An* Oh MINNIiSOTA ) ) ss. COLIN l Y Ol' HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of September. 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. Notarv’ Public Page 3 of 5 i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this dav of , 199 before me a Notar}' Public within and for said county, personally appeared_______________________________ know n to me to be the person(s) described in and who executed the foregoing instrument, and 7ct'iiowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC On this dav of , 199 before me a Notary Public within and for said county, personally appeared______^-------------------------------------- known to me to be the pcrsc>n(s) described in mid w’ho cxecutcu the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTAl^Y PUBUC Pace 4 of 5 of Certificetoof Survey for Roy E. Benson Lots 5 and 6. fONKAVIEW GARDENS Hennepin County, Minnesota o u« I .'lercby certify c' Lots 5 and 6, 1s 11ng buI 'd1ng s ments other than that t:'.!5 Is a true and correct represent at i ci* of a sur rO.’.*i;A‘." Eii GAROEf.'S. Hennepin County, .‘linnesoia, and the the'*eon. it does not purpart to show any other iiaprcves visible ’’Lardrover”, Certificetdof Survey for Roy E. Bensonof Lots 5 and 6. TONKAVIEW GARDENS Hennepin County, Minnesota*0 ' f ^ * //. U 6 \ »v ♦ iCC 1 !:«reby certify that this Is a true and correct representation of a su !o:s*5 and 6. fO::KA7:Ei/ GARDE.'.'S, Henr.tpm County. .Minnesota, and the istinq buildings Ihereo.i. It does .lOt pu'port to show any other iraprcre ments other than visible "hardcover. Csttlricctfrof Survey for Roy E. Seasonof Loti 5 and 6, rONKAVIEW GARDENS Hennepin County, MinnesotaCq /■ff (Cl) c^y Ji.. 03^ ^ and correct representation ofI lierebycertify tnj- ;:;(3 is a true > uu.-esent1 r i^'“inQ^')ui?d?n.j( Hennepin County, ilinnesys. a s u ; and “.ne i nprcver. r TO: FROM: DATE: Mayor Callahan and Orono Council Members John R. Gerhardson, Public Works Director September 22, 1993 SUBJECT: Variance Application 1829 On September 13, 1993 Mayor and Council members requested review of the curb cut at 1080 Wildhurst Trail and 4490 Forest Lake Landing (neighboring property). On September 22, 1993, Jeanne Mabusth and myself inspected the site. At the September 13, 1993 Council meeting the applicant at 1080 Wildhurst Trail stated that the neighbor at 4490 Forest Lake Landing used their southern most curb cut during icy conditions to proceed northerly to their northern most curb cut to gain access to Wildhurst Trail. Upon review of the matter Jeanne and I agree that the grades on Wildhurst Trail and the grade of the driveway at 44 90 Forest Lake Landing are severe enough that access to Wildhurst Trail during icy conditions is much easier by using the Siefs property at 1080 Wildhurst Trail. r I'o:Orono Planning Commission Members Mayor Callahan and Orono Councilmernbers Ron Moorse, City Administrator \ S, 4a s From: Date: Subject: Jeanne A. Mabusth, Building & .Zoning Administrator % % September 16, 1993 #1847 Michael and Dana Barrett/James and Molly Wheeler, 2912/2918 Casco Point Road - Subdivision of a Lot Line Rearrangement - Resolution Additional Exliibit H - Minutes of August 16, 1993 Planning Commission Meeting Brief Review of Application In 1983, the owners of the two parcels completed a lot line rearrangement without the approval of the City of Orono. The properties are torrens and Certificates of Title were amended reflecting the lot line changes. As City did not approve the subdivision, taxes have never been adjusted nor has the official map of the County recorded the lot line change. Mark Green t)f Standke, Green & Greenstein Ltd. has been hired by Universal Title Insurance Company to complete the necessary steps so that lot line rearrangement is officially recognized bv Citv. Refer to Exhibit G. Parcel B consists of approximately 1400 s.f. and will be combined with Tract I. Tract L currently at 15,000 s.f., will now total 16,489 s.f. upon the completion of the lot line rearrangement. Tract J will contain 18,579 s.f. The attorney representing the applicants was asked to consider at this time a 10’ setback from the newly proposed lot line rather than the 8’ 4" setback agreed to by owners in 1983. The applicant advised that as properties are torrens, the change in descriptions would require additional title amendment. Tlie attorney also advised that the owner of Tract J w^as hesitant to grant more area feeling that the proposed lot line reflects the current u.sage pattern tor the prc'perties. 1 he attorney askeii the Planning Commission to consider the lot line rearrangement as created in 1983. Plea.'vc review the entdosed packet of information prepared for Planning Commission review and minutes of that meeting (Exhibit II). Planning Commission Recommendation ITie Plamiing Commission recommended unanimous approval of the lot line rearrangement as proposed and approved the substandard setback of 8’ 4" noting that the current structure is located 2 ’ from the shared lot line. Approval was subject to the applicants legally combining Parcel B with Parcel C or Tract I. ITie enclosed approval resolution has been drafted per the Planning Recommendation. Isv r A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 2912 AND 2918 CASCO POINT ROAD FILE NO. 1847 WHEREAS, ihe City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHF:REAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Michael and Dana Barrett and James and Molly Wheeler (hereinafter "the subdividers") of properties legally described on the survey attached to this resolution as Parcels A and C (hereinafter "the property"); and WHEREAS, the subdividers have completed all requirements of the City for a metes and bounds subdivision of a lot line rearrangement for division and combination purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds subdivision of a lot line rearrangement for Michael and Dana Barrett and James and Molly Wheeler as shown on the Certificate of Sui^ey by Advance Surveying & Engineering Co. dated July 14, 1993, and attached to this resolution, subject to the following conditions; 1. Upon approval of this subdivision, the subdividers shall apply to the City for the legal combination of Tract I. Registered I^nd Survey No. 461, Files of Registrar of Titles, Hennepin County, Minnesota with that part of Traci J. Registered Land Survey No. 461, Files of Registrar of Titles. Hennepin County, Minnesota which lies southwesterly of a line and its extensions drawn from the most southerly corner of said fract J. to a point in the northwesterly line of said Tract J, 16 feet northeasterly from the most westerly comer of said Tract J. Page 1 of 2 2. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with the Registrar of Titles Office on or before March 27, 1994 together with a certified original copy of tliis resolution. 3. The subdividers are hereby advised that in order to fulfill the intent of this subdivision, that additional documentation must be created to provide for the legal transfer of fee title. 4, The approval granted by this resolution shall expire if the division 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 ^view. Adopted by the City Council of Orono, Minnesota this 27th day of September. 1993. ATTEST: Dorothy M. Hallin, Ciiv Clerk Edward J. Callahan, Jr., Mavor STATI-: OF MINNESO'i A ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of September. 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 ot the City. Notary I^ibic Page 2 of 2 1\ L TO:Planning Commission Members Ron Moorse, City Administrator FROM:Jeanne A. Mabusth, Hiiilding Zoning Administrator DATE:August 9, 1993 SUBJECT: /i^l847 Michael and Dana Barrett/James and Molly Wheeler, 2912/2918 Casco Point Road - Subdivision of a Lot Line Rearrangement Pertinent Ordinances Section 11.03 - Definition 65 of Section C. Subdivision required as lot line rearrangement involves properties that do meet the standards of the current /.oning district, LR- IC. Required area = 21,780 s.f. or .5 acres, refer to Exhibit F Proposed Parcel A = 18,579 s.f. Propo.sed Parcel B + C = 16,489 s.f. Section 66 A - Class 1 Subdivision. Subdivision may be completed as a Class I subdivision as division does not involve the creation of new lots nor the creation ot private ea.''ements. Li.st of Exhibits A - Application B - Addendum C - Plat Map D - Property Owners List E - Authorizations for Lot Line Rearrangement F - Staff Sketch G - Survev Review of Application Universal Title Insurance Company has hired Mark Cnccnc ol Standke, Greene & Greenstein. Ltd. to complete a lot line rearrangement for the above referenced property owners. Some time in 1983 the owners of botli properties agreed to lot line change whereby triangular parcel (review Exhibit F) of Tract J (2918) was to be combined with Iract 1 (2912). Both properties are registered propciies and certificates were amended without the seeking the City .•* approval. As City did not approve the sulxlivision of a lot line rearrangement, the taxes have never been adjusted nor has the official plat map of the County recorded the lot line change. It is the desire of the land owners to complete all the necessary steps so that the lot line rearrangement can be finalized. \ Ik.. Zoning Memo #1847 August 9, 1993 Page 2 As applicant’s addendum notes, the lot line as proposed now reflects the actual pattern of usage of the properties. Upon your inspection, note the stake in the street yard and align it with the fence along the north side lot line of 2912. This alignment proximates the side division line. If the City had an opportunity tor input in the earlier 1983 action, we would have recommended that the lot line at least provide a 10’ setback for the principal structure at the northwest corner. Residence structure at 2912 is located 2’ from the cm rent division line. Review Exhibit F, Parcel B is approximately 1,400 s.f. in area and the reduction in area would appear to have no negative impact on Iract J or Parcel A. Fiact I at 15,000 s.f. will acc^uirc additional area. Applicant should be asked if impossible at this stage in this long process that an additional 1’6" of width be given to Tract I to provide a 10’ side setback at northwest comer of residence. Your final recommendation of approval must include the condition that Parcel B be legally combined with Parcel C so that tax records and County plat maps can be corrected. ch CITY OF ORONO - SUBDIVISION APPLICATION r» i i V iV \ tx-n j:L. .■1a /V PROPERTY LOCATION Site Ac^.dress 2912/2918 Casco Point Road 20-117-23-31-0029 Property Identification Number (P.I.D.) 20-1 17-23-31-0030 Please check one - Prop<>rty abstract or x torrens? \ctach legal description to application 474-3221Universal Tide Insurance Company Phone (home)_______________ Namebv: ----- Phone (work) ^7^-3221 Standke, Greene i* 'c. —(2£ty: MinnetonkaAddress: 17717 Highway 7 ?1 d: 55345 OWNER (if different than applicant) Name see attached __________ Phone (home) Phone (work) Address:City;Zio: (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Developiiient Site Acres Dry Land Acres Wet Land Acres Total, all parcels u » I i” i. t VI • A * •» Present Use (check)Residential; no. of units Other (specify)_ _ _ _ __ i 7»»I . •• *M '/*«*»I J-'V .'WVv T •)* -CVV'* W * t ■ ♦ I f ki/vv» • w Present Zoning District rf£ Lwil* * “ '■ •‘■f Vm I . r..\ «5. wwi .wi T09i2 0^7/20/9 PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites;_ Existing Units _ New Units Total Units Proposed Gross Density; Minimum Lot Size; Units per___lucres Sq Feet Dry Buildable Land Proposed Use; (check)Residential Other (specify) INIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION , Completed Application Form ,. c - , Preliminary Plat information on Certx..icate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-c03 Govt C* nter 348-3271) . V .. n r As an addendum to this applicationr please attach a separate lisu of any other persons you wish notified of this application. iertification by Zoning Department that Preliminary Plat Application is lomplete. I'oning Official's Signature_ _ _ _ __ __ _ _ _ _ _■Date p • t. Pavment of fees (park fees, filing fee, sewer and water assessments). Signed Certificate of Survey or mylar copies of formal plat. Title opinion. Easements, Covenants, etc. Developers Agreement and Letter of Credit. ertification by Zoning Department that Final Plat Application is complete, oning Official's Signature^_ _ _ _ _ _ _ ___ _ _ _ _ _ _ __— Date- - - - - - - - -- Sketch Plan Review (Class I, II S III) Subdivision of a Lot Line rearrangement $200.00 300.00 Preliminary Review (Class I & II Subdivision) Preliminary Preview (Class III & all non-residential) 300.00 325.00 + 25.00/Lot Final Plat Review (Class III) •(Plus any legal or engineering charges) 175.00 Renewal of Preliminary Subdivision Application Renewal of Final Si in ivision Application 150.00 100.00 rhe applicant hereby agrees to provide all information require cr :eq’’ested by the Zoning Administrator, City Engineer, City Attorney, Planning Conunisuion and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Universal Title by: Sfamlke, Greene & Greenstein^Ltd. / ^ Applicant's Signature __^ Date 1>/^c// .2. by: Mr.rk / Wner's Signature Sfo separate .luthurlzations Date ppllcant must have all cubmittals into the City offices 25 days before the lanning Commission Meeting. Planning Commission Meetings are held on tne bird Monday of each month. Applicants must be present at all scheduled eview meetings of the Planning Commission and Council. If an applicant is nable to attend a scheduled meeting, pleasi make arrangements to h^^ve an •ithortzed agent attend in your place and Lo advise the Building * Zoning ifflc - of this ct.ange prior to the meeting. I /• V ) ‘.’I EXPLANATION: r";. *.' . •?y t I..I rx^ -• ti * \c..•wJ r ' \ The applicant is a title insurance company which has insured title to 2918 Casco Point Road. The applicant is seeking a lot line rearrangement to coincide with the premises as actu­ ally occupied an(' as has appeared in the records of the Reg­ istrar of Titles . nee at least 1983. Each of the lots involved has a single family residence built upon it. No purchase agreement is signed or planned. APPLICANT'S NAME: By: By: Universal Title Insurance Company, a Division of First American Title Insurance Company STANDKE, GREENE & GREENSTEIN, LTD. Mevrk E. Greene Attorneys for Applicants 17717 Highway 7 Minnetonka, Minnesota 55345 Telephone: (612) 474-3221 Attorney I.D. Number 37461 * f r 77'r " ^ - ^ :■* 1 / ‘L. -J ** i^a ]\i APPLICATION INFORMATION FOR LOT LINE REARRANGEMENT: TO: THE CITY OF ORONO y /'V ■ •( ii) Application is hereby made for approval of a lot line rear rangement affecting the following properties: ADDRESS OP FIRST PROPERTY: 2912 Casco Point Road CURRENT LEGAL DESCRIPTION OP ABOVE PROPERTY APPEARING ON CERTIFICATE OF TITLE NOS. 702628 AND 697596 IS: Tract I; That part of Tract J, lying Southwesterly of a line and its extensions drawn from the most Southerly cor­ ner of Tract J to a point in the Northwesterly line of said Tract J, 16 feet Northeasterly from the most Westerly corner of said Tract J, Registered Land Survey No. 461, Files of Registrar of Titles, county of Hennepin CURRENT LEGAL DESCRIPTION FOR ABOVE ADDRESS AT CITY: Tract I, Registered Land Survey 461, Files of Reg­ istrar of Titles, County of Hennepirj CURRENT PID NUMBER FOR ADDRESS: ADDRESS OF SECOND PROPERTY: 2918 Casco Point Road CURRENT LEGAL DESCRIPTION OP ABOVE PROPERTY APPEARING ON CERTIFICATE OR TITLE NO. 761781 IS: That part of Tract J, Regis­ tered Land Survey No. 461, Files of the Registrar of Titles, which lies North­ easterly of a line and its extensions drawn from the most Southerly corner of said Tract J, to a point in the Northwesterly line of said Tract J, 16 feet Northeasterly from the most Westerly corner of Tract J. CURPE»^T LEGAL DESCRIPTION FOR ,.iJOVE ADDRESS AT CITY: Tract J, Registered Land Survey 461, Files of Reg­ istrar cf Titles, County of Hennepin CURRENT PID NUMBER FOR ADDRESS 20-117-23-31-0029 OWNERS NAME, ADDRESS AND PHONE: Michael Delor Barrett Dana Marie Barrett 2912 Casco Point Road Orono, Minnesota (612) 471-9553 20-117-23-31-0030 OWNERS NAME, ADDRESS AND PHONE: James D. Wheeler Molly A. Wheeler 2918 Casco Point Road Orono, Minnesota (612) 471-9358 V 'S:'i- X W/ ^ • .« ! * » • A •t'% ^ • • v-«’X X % / ^j’ ...S^A-^-i ^ ""aX '■* ij -- 'i? V 'j’.y. V'■v> c-’t' ‘iTe ,c^r>v a. .. -‘» >i',: -\/ VK / X \ ^.f »• • • - .:• »** ^ * - I. • •■■ #rp5«- • r . I • • V - • . :vx ,X^\ ^ v>'\N v‘/V^ \ a \,<:-v-. \\ V o o» \ V\ ^ 4 • • *. \ * iL • ^ • • - • *4 t ‘ •• -. 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"’. ,• * ■4 J, y'* ^ J -mw }'-m"Z^^- , “.' ,'* - ■•■•.. .X . • »A Vu-* *.^ •-'*tVA V'N 4 -f * ^ I '• V*^ %V ♦ *• > . 4’ . f** V • • • c4 • *• f *y 4 ^ * A * • ^ Z*V^ ■^ • * **• j~i .*'• »'■•' '*» Z *■-■ ’■.'■z • ■ ■>■ /rt ‘‘ •*.. '■ •■. •A- X,'■. 'xz \jZ\ -Z‘‘ ,'■; ■'•\“,3 \ \ <v X, it, ■’■ih^.yp zx N’' - - >■*'•\X\ZZ;l vT'V" ^'Z 's.'V'Z \ X'A. • • ^0- *J RUN DATE 06/S0/95. , BATCH 007r HENNEPIN COUNTY PROPERTY irJFORtlATION SYSTEM property OtVJERS LISTPROP AOOR C»t«R NAHE .TAXPAYER NAHC/ADOR 5a 20-117-2? SI 0002 00038 ADDRESS UNASSIGNED ROY SCHRADER ETAL ROY SCHRADER 570A CASCO AVE NAY2ATA HN 55391 PROP AODR ^ (M«R NAHE •. TAXPAYER . NAME/AODR ■ i 58 20-117-23 31 OP^U 0287A CASCO POINT RD T N KNAPPER A 0 G LYOfT TODD KNAPPER « DEBORAH LYON 287A CASCO POINT RO HAYZATA MN 55391 PROP AODR Ot«CR NAHE V taxpayer ’ ' NAHE/AODR * : r ' 38 20-117-23 31 0023 00038 ADDRESS UNASSICNEO T N KNAPPER A D G LYON TOGO KNAPPER A DEBORAH LYON 287A CASCO POINT RD NAYZATA HN 55391 . I I PROP AOOR OMCR NAHE TAXPAYER NAME/AODR > 38 20-117-23 31 0028 02910 CASCO POINT RO PHILLIP A BETTY NICCUH PHILLIP J NICCUM 2910 CASCO PT RO NAYZATA MN 555R1 ) : PROP AOOR OPKR NAHE : TAXPAYER NAME/ADOR 029U . if 20-117-23 31 0031 CASCO POINT RO 0 1 CLASSMAN ANA CLASSMAN BARRY 1 A NANCY A GLASSMATi 2*1A CASCO POINT RO NAYZATA MN 55591 PROP AOOR ■ OMCR NAHE .A'TAXPAYER I v^. NAHE/AOOR 38 20-117-23 31 003A 02930 CASCO POINT RD H E HENTH A E E HENTH M E HENTH A E E HENTH 2950 CASCO POINT RO NAYZATA TtA 555«l 30 20-117-23 51 000903703 CASCO AVE CARLOTTA F GABLES CARLOTTA F GABLES 3703 CASCO AVE NAYZATA MN 55391 38 20-117-23 31 0021 00038 ADDRESS UNASSlGNEt STATE LAND OEPT CITY OF ORONO PARK 9/13/79 ST DEED 156759 38 20-117-23 31 0026 02900 CASCO POINT RD D S1GAF003 ETAL DONALD SIGAFOOS 2900 CASCO PT RD HAYZATA '91 55391 38 20-117-23 31 0029 02912 CASCO POINT RD M D BARRETT ADM BARRETT MICHAEL D BARRETT 2912 CASCO POINT RO HAYZATA MN 55391 38 20-117-23 31 0032 02916 CASCO POINT RO ROOERT H PONEIL JR ETAI ROBERT H PONELL JR 29lfc CASCO POINT ROAD NAYZATA 1*1 55391 38 20-117-23 31 0035 02990 CASCO POINT RO S A DANIEL • E L BULLOCK E L DUILOCK ASA DANIEL 2990 CASCO PT RD HAYZATA 1*1 55391 REPORT NO. P1935901 PAGE 1638 20-117-23 31 000503709 CASCO AVE ROBERT PRESLER ROBERT PRISLER 3709 CASCO AVE NAYZATA MN 55391 38 20-117-23 31 0022 00038 ADDRESS UNASSIGNED STATE LAND OEPT CITY OF ORONO PARK 9/13/79 ST DEED 156759 38 20-117-23 31 0027 00030 ADDRESS UNASSIGNEO STATE LAND OEPT CITY OF ORONO PARK 9/13/79 ST DEED 156759 38 20-117-23 51 0030 02918 CASCO POINT RO K R STARK ET AL KEIRIEIH R S KAPEN S STARK 2910 CASCO POIST RD NAYZATA »«4 55591 38 20-117-23 31 0035 02920 CASCO POINT RD JANES H PAUL ET AL janes H PAUL 2920 CASCO PT RO NAYZATA 55391 38 20-117-23 31 0036 02960 CASCO POINT RD RUBLRT C LAPINSKI AND HIFE ROOERT C LAPINSKI 2998 CASCO POINT ROAD HAYZATA MN 55391 i ¥1 mJN DATb 06/50/95 MEnrJrPIM C0U»4TY property irJFORMATION SYSTEM PROPERTY OHHERS LIST REPORT MO. PI435401 PAGE 10BATCH 007'h\PROP AODR ONNER NAHE V TAXPAYER:VjtNAME/A00R 'f' ’< h i ■ •• 56 20-117-25 51 006500058 AOPRESS UrMSSIGfiEO CITY OF •'OC«NO THE CI^* F ORONO 1555 BROH^ RD S CRYSTAL BAY MN 55525 TOTAL BATCH 007 00057 Tl r ). ic.> < -HA<* • ^ * F •<.' vJ t • I r«:: ■i I CERTIFY THAT THE FACTS REPRESEHTED ARE AH ACCURATE AMO TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEr»IEPIN C0UT4TV DEPARTMI/4T OF PROPERT>> TAXAT10T4, TO THE BEST OF MY KF40HLEDC.E AND DEIIEF. DATE< Vl MI .1s. /' V /-T i • \ RW DATE 06/S0/93 IIEHUCPIN COUNTY PROPERTY INFORMATION *'■ PROPERTY OlffURS LIST i>YSTCf1 PROP ADOR 0»t«R NAME TAXPAYER i| NAME/AOOR PROP AODR ONNER NAME TAXPAYER NAHE/AOOR I ) .* /'■ PROP ADOR 0»MER NAME TAXPAYER NAME/ADDR 3 PROP AODR ONNER NAME 1.VXPAYER . NAME/AOOR 58 20-117-2S 31 00390J70s* CASCO AVE ROY SCHRADER ETAL ROY SCHRADER 370A CASCO AVE HAYZATA MN 55391 58 20-117-25 51 0042 03600 CASCO AVE RICHARD J HAEFELE A HUE RICHARD HAEFELE 3600 CASCO AVENUE HAYZATA LW 55391 38 20-117-25 31 0048 02935 CASCO POINT RO A F CALLISTEL JR ETAL A F GALLISTEL 2935 CASCO PT RO HAYZATA MN 55391 58 20-117-25 51 0051 02915 CASCO POINT RO R C KAIL ACL KAIL RICHARD C KAIL A CAROL KAIL 2915 CASCO POINT ROAD NAYZATA MN 55391 38 20-117-23 31 0054 02879 CASCO POINT RO L 0 A K E ELSEN LAHRENCE D A KATHERINE ELSEN 2879 CASCO POINT ROAD HAYZATA LM 55391 38 20-117-23 31 0060 02970 CASCO POINT RO J A 0 MARTINSON JERRY A BONNIE MARTINSON 2970 CASCO POINT RO S HAYZATA MN 55391 38 20-117-23 31 004003700 CASCO AVE J H OONGOSKE/P A DONGOSKE JAMES H A PATRICIA DONCOSKE 3700 CASCO AVE HAYZATA 55391 38 20-117-23 31 0043 03650 CASCO AVE CHRISTOPHER J SMITH ET AL CHRISTOPHER J SMITH 3650 CASCO AVE HAYZATA MN 55391 38 20-117-23 31 on<i<? 02927 r'.SCu POINT RO FREDRICK JOHN HEY ET AL F J HEY AHA FRAMPTON 2927 CASCO POINT RO HAYZATA M?4 55391 38 20 317-23 31 0052 02905 CASCO POINT JAMES KEfAIETH BO'.LRS jame? k boners 2905 CASCO POir.T RD HAYZATA r«l 55391 38 20-117-Z5 31 0055 02917 CASCO POIfir RO H N MAXHELL JR ETAL HAYNE MAXHELL JR 2917 CASCO POINT RO HAYZATA W 55391 38 20-117-23 31 0062 02740 CAROLINE AVE SHARON G SIEPHCf/SOtl SHARON G STEPHEHSOJl 2740 CAROLINE AVE HAYZATA m 55391 REPORT NO. PI435401page 1738 20-117-23 31 004103630 CASCO AVE P CRATFUNOER I K GRAFFUNOER PETER < KERRY GRAFFUNOER 3630 CASCO AV HAYZATA Jffl 55391 38 20-117-23 31 0047 02441 CASCO POINT RD HILLIAH H HEHMEY HILLIAM H HENNEY 2941 CASCO POINT RO HAYZATA f»J 55391 58 20-117-23 31 0050 02925 CASCO POINT RO JOHN P SULLIVAN JOHN P SULLIVAN 2925 CASCO POINT RD HAYZATA >01 55591 38 20-117-23 31 0055 02895 CASCO POINT RO RICHARD G HELSTROM ETAL RICHARD G HELSTROM 2045 CASCO POINT RO HAYZATA 101 55391 38 20-117-25 31 0058 03721 CASCO AVE i) R HELTY A M M JIN D R HlITY a M M jin 3721 CASCO AVE HaYZAIA Itl 55391 38 20-117-23 31 0063 02465 CASCO POINT RO H H MORAN A L M MORAN H HAMILTON A LOIS M NORAN 2465 CASCO POINT RO IMYZATA MU 55391 , -•» XUTHO: '.ATXOH FOR LOT LZKS RSARRA EMBNTt TOt THE CITY OF OROMO AND OTHERS COMCZRMEO: Authorization is hereby given by the undersigned owners for Universal Title Insurance Company to obtain approval of the lot line rearrangement from the City of Orono, for property located at 2918 casco Point Road, orono, Hennepin county, Minnesota, so that the resulting legal description for such property in records at the City of Orono will coincide with the description for such property appearing on Certificate of Title 769781 as set forth below: That part of Tract J, Registered Land Survey No. 461, of the Registrar of Titles, which lies Northeasterly of a line and its jxtensions drawn from the most Southerly corner of said Tract J, to a point in the Northwesterly line of said Tract J, 16 feet Northeasterly from the most Westerly corner of Tract J. CURRENT LEGAL DESCRIPTION FOR ADDRESS AT CITY: Tract J, Registered Land Survey 461, Files of Reg istrar of Titles, County of Hennepin Dated: Dated:'<1 / 'i 5 OWNERS: - /AJ'Ajj ^ JZZ. ^Jatoes D. Wheeler I 1 / ■>» ^ I - 11 Cl it'-: Molly A./Wheeler II S J }•? #*• V li4 ^7 jj' AUTHORIZATION FOR LOT LINE REARRANGEMENT: TO: THE CITY OP ORONO AND OTHERS CONCERNED: Authorization is hereby given by the undersigned owners for Universal Title Insurance Company to obtain approval of the lot line rearrangement from the City of Orono, for property located at 2912 Casco Point Road, Orono, Hennepin County, Minnesota, so that the resulting legal description for such property in records at the City of Orono will coincide with the description for such property appearing on Certificates of Title 702628 and 697596 as set forth below: pi^ Tract I; That part of Tract J, lying Southwesterly of a line and its extensions drawn from the most Southerly of Tract J bU~JL to a point in the Northwesterlycorner line of said Tract J, 16 feet Northeasterly from the most Westerly corner of said Tract J, Registered Land Survey No. 461, Files of Registrar of Titles, County of Hennepin CURRENT LEGAL DESCRIPTION FOR ADDRESS AT CITY: Tract I, Registered Land Survey 461, Files of Reg­ istrar of Titles, County of Hennepin Dated:SI Dated: Michael Jelor Barrett Da;;a I'arie BarT^t J± JJ .•1 \ J . > s 'ri / MINUTES OF THE ORONO PLANNING COMMISSION ^^EETI^G HELD AUGUST 16, 1993 ZONING FILE /l'1844 - CONT. Hopkins said that lot line rearrangement will help save a large tree that would cther^vise have been in the middle of a driveway. He is in agreement with the engineer s report. It was moved by Nolan, seconded by Smith, to recommend approval of Application #1844 for Ken Hopkins. 65/75 Eemdale Green, subject to five conditions as outlined by the City Engineer and f.--ther recommendation regarding the slope, seeding and the use of a fiber blanket. Vote. Ayes 4, nays 0. Hopkins reported there is a dangerous situation in pulling out of Ferndale Gieen onto Ferndale Road because of low trees hanging onto the road. (#4) #1847 MICHAEL AND D.ANA H.\RRETT >UsT) JAMES .AND MOLLY WHEELER, 2912/2918 CASCO POINT ROAD - SUBDIVISION OF A LOT LINE REARlUVNGEMEiNT - PLTILIC HEARING 7:58 TO 8:13 P..VI. The Affidavit of Publication and Certificate ot Mailing were noted. .Michael Barrett and .Mark Greene, an attorney representing Universal Title Insurance, were present. Mabusth explained that in 1983 the property owners completed a lot rearrangement without ^e anDroval of the City which provided for an 8 ’4" setback to the new division Ime. The City did not have an oppormnity to review it. The City would have asked for a 10’ setbacic ^ comer of the residence. The owners are asked to consider the issue at this time. Universal Title Insurance Company has hired Mark Green to complete the lot line rearrangements. Greene slated this is to remedy a discrepancy between the legal de-scripiions that ap^ar on the Ceriiticates of Title for the properties, tax records and City records. A fence has existed between the properties for some time, 'ihe purpose is not to create any new lot but just to cham-e the configuratiims to coin.id. at the City and County. The parcel was split off before the City actually approved it. Chair Schroeder suggested 10’ problem be corrected. He had spoken to Wheeler who had seemed supportive of 3ltcriii§ the line. Greene said Wheeler was rather reticent to granting the additional change. MINUTES OF THE ORONO PLANNING CO^LMISS^ON MEETING HELD AUGUST 16, 1993 ZONES'G FILE #1847 - CON F. Barrett explained that he has aUvays lived at 2912. His father owned both tracts of land, erected a fence and later discovered the fence at the back edge encroached upon the adjoining lot by at least 15*. In the early ’70s, an attorney was hired to correct die legal descriptions by adding the 15’ piece of land to Parcel C. Parcel A, where the WTieclers are now living, was first sold in 1976. His father passed away in 1980 and nothing has been done with the fence. It seemed apparent that the City did not ;eqiiire approval back .ii 1971. He does not ha 'e a problem with the either the present proposal or the addition of 1 1/2 ’ to the line. Smith questioned if the two mature oak trees would be affected. Barrett stated that the trees would not be impacted. Chair Schroeder said without Mr. Wheeler present the 10 ’ setback issue cannot be addressed. It was moved by Chair Schroeder, seconded by Peterson, to recommend approval of Application #1847 for .Michael and Dana Barrett and James and Molly Wheeler, 2912 and 2918 Casco Point Road, for subdivision of a lot line rearrangement and that Parcel B legally combine with Parcel C so that tax records and the county plat maps can be corrected and grant the setback variance as proposed. Ayes 4, nays 0. (#5) #1849 ESTATES OF Ba RBAR^\ 13. LUND iVND RUSSELL T. LUND, HI. 905 TONKAWA ROAD - VACATICN OF SEWT:R EASEMENT - PUBLIC HEART nG 8:14 TO 8:17 P.M. Tlie Affidavit Publication and Certificate of Mailing were noted. Tres 1 und was present. Mahusfh cxjilaincd that applicants were fulfilling a condition of preliminary subdivision approval by completing the v.ication ol a 20' sewei utility easemci.t. 'Ihc future residence will be saved by a sewer line located in the County Road. The existing residence is served by a line at southeast lot line. l*mith inquired if the shed had been removed. Lund answered yes. / To:Orono Planning Commission Members Mayor Callahan and Orono Councilmcmbcrs Ron Moorse, City Administrator From: Date: Jeanne A. Mabusth, Building & Zoning Administrator s % September 24, 1993 Subject:/»‘1856 Mark and Jenny Prueier, 3215 Crystal Bay Road - Amended Variance Application • Resolution Additional Exhibits R - Schibilla Letter, 9/16/93 (Property Owner to West) S - Amended Site Plan Approved witli the Planning Commission Recommendation Brief Review of Application In the amended application, applicant now proposes a total 15’ x 26’ expansion to the rear and a 26’ x 34’ second floor addition. The actual footprint area has been reduced 78 s.f. The front replacement deck and stairs is now proposed at 12’ x 17’. In the origirial June variance application, deck was proposed at 13'/^’ x 18’. There has been a reduction in the length of deck by 1'/^’. The average lakeshore setback encroachment has been reduced from 9'/i’ to 8’. Hardcover was approved at 29.4% in the original variance application. Based on Planning Commission’s recommendation, hardcover would now be reduced to 29.3% (2,428 s.f.). The new issue for the current review is the need for a height variance as code specifically stales structure may not exceed 30’ in height or 2*A' stories. The lower level is exposed more than 50% and is considered a full stoiy. The struemre is technically three stories but measures less than 30’ (review Exhibit .VI - lakeside/front elevation - structure measures 29’ 6"). The applicant asks that the existing cement walkway in the lakeshore yard be allowed Ic remain ft>r the ease of snow maintenaiKc rather than the installation of p;.ds nie Planning Commissiv)!! recommended approval of the request as hardcover in the 75-2.VO’ setback area is proposed at 29.3% If the cement walkway remains as is. hardcover in the 0-75 ’ area will mn be reduced and remains at 607 s.f. or 18.9%. Please review the enclosed staff menu) for the Planning Commission review that lists the multiple variances needed for this review. Fhc following variance tacts were amended per tlw fMannmg Commission recommendation: Zoning Pile #1856 September 24. 1993 Page 2 Section 10.22, Subd. 2 - Review of hardcover. A 0-75 ’ setback area = 3,200 s.f. (3,900 s.f. - 700 s.f.) Allowed = 0 Existing = 607 s.f. or 18.9% Proposed = 607 s.f. or 18.9% 75-250’ setback area = 8,274 s.f. Existing = 2,431 s.f. or 29.4% Proposed = 2,428 s.f. or 29.3% The issue of the height variance was no longer of great concern as the City w^as in receipt of two letters from adjacent residents taking no issue with the proposed improvement. In fact members noted the height of the residence to the east claiming that it would still h.gher than applicants’ final proposed structure. As already noted, the Planning Commission supported applicants’ request for cement walkway in lakeshore yard providing ease of maintenance during snowy weather. The removal or reduction of off-street parking was not a consideration because of the narrow right-of-way of Crystal Bay Road and of the steep lakeshore bank on the north side of road. Off-street parking is very necessary in this area. All in all, the Planning Commission felt that the amended proposal reduced the intensity of the variances sought by applicant in original June application and recommended unanimous approval. The enclosed approval resolution has been drafted per the Planning Commission’s recommendatitin adopting hardship statement of the applicant, as set forth in Exhibit O. Please review the packet prepared for the Planning Commission review that provides more detail on this multiple variance review. Isv A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISIONS 6 (A) AND (B), SECTION 10.22, SUBDIVISION 1 (B) AND SUBDIVISION 2 FILE NO. 1856 WHEREAS, Mark Prueter (hereinafter "the applicant") is the owner of the property located at 3215 Crystal Bay Road within the City of Orono and legally described as follows: refer to Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of a 15’ x 26’ addition to rear of the existing structure and a 34’ x 26’ second floor addition to be placed 6’ from the w’est side lot line and 7 ’ from the east side lot line where a 10’ setback is required, construction of replacement deck/stairs at 12 ’ x 17 ’ will be placed 3’ from the west side lot line where a 10’ setback is required and per Section 10.22, Subdivision 1 (B) said structure shall be placed 8’ in front of an average lakeshore setback line where no such encroachment is allowed. The proposed improvement will result in a hardcover decrease of 3 s.f. or .01%. Total hardcover is now at 2,428 s.f. or 29.3% where 25‘% is allowed and where 2,431 s.f. or 29.4% exists, and per Section 10.25, Subdivision 6 (A) approves a three-story structure where only a 2'A-siory structure is allosved. Minnesota: NOW, I IIKKEFORK, BE IT RESOLVED by the City Council of Orono, FINDINGS I'his application was reviewed as Zoning File #1856. The property is located in the I.R-IC, l.akeshore Residential Zoning District requiring 'A acre in ao*a and a minimum width of UX)’. The propeny consists of 12,174 s.f in area I ot width measures 55’ in straight line at the shoreline and at the 75’ .setback lirtc. Face 1 of 6 The Orono Planning Commission reviewed this application on September 20. 1993 and recommended approval of the variances as amended based upon the following findings and hardships: A. Lot narrows at the mid-point of the property measuring 55 ’ at the lakeshore and 35’ to the rear. B. The applicant ppmoses a slight reduction of hardcover wiihiti the 75-250’ .setback area at 3 s.f. or .01%. C. D. Hmcrgency access can be achieved via 10’+ corridor bet.veen adjacent residences to the east and west. The prime fire access to si^e will be from the south from the municipal hydrant. Total structural coverage is proposed at 1,649 s.f. or 13.5% where 15% is allowed. E. I'he proposed lakeside replacement deck and stair structure will reduce the encroachment of the average lakeshore setback line by 3’. The e.xisting deck is 15’ in width. The proposed deck will be 12’ in width. E. Ihe home was constructed prior to existing zoning requirements. G. No additional land is available to allow for expansion without the need of variances. II. I. Tlic property has steeper elevations to south creating unique drainage problems. Residential structure on lot to immediate east will be higher in elevations than applicant’s proposed structure with third floor. The City Couiwil finds tliat the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic condition.^, light, air nor fK)se a fire hazard or other danger to neighb^iring property; would not merely Rage 2 of 6 serve as a convenience to the applicant, but is necessar>' to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staf , 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 n,jre of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning C(xle Section 10.22, Subdivisions 1 (B) and 2, Section 10.25, Subdivision 6 (A) and (B) to permit the construction of a 15’ x 26’ rear addition and 34 ’ x 26’ second level, and construction of a replacement deck/stairs at lakeside of residence measuring 17’ x 12’. Tlie proposed improvements will require a 4 ’ or 40% west side setback variance, a 3 ’ or 30% east side setback variance, a 7’ or 70% west side setback variance for lakeside replacement deck/stair structure, an 8’ setback encroachment of the average lakeshore setback line, a hardcover variance resulting in a net decrease of 3 s.f. or .01% with total hardcover now at 2.428 s.f. or 29.3%, and a height variance that would allow' a three-story structure railier than 2'/6-stor>' stmeture. subject to the following conditions: I.All imprt)vements as shown on Page 6 of this resolution have been approved with this variance re.si'luiion. Any existing liardcover improvement . that are to be removed as a condition of this approval must be completed prior to footing inspection for the new construction. Applicant shall provide a grading and drainage plan that addresses the maintenance of positive drainage from foundation of new addition. Applicant shall install gutters on residence in conjunction with final grades for positive drainage 3.Authorities granted by this variance run with the property not with the applicant, but arc permis:ive only and must be exercised by application for a building pcmiit within one year of the date of Council approval, or this variance will expire on that date (September 27, 1994). Page 3 of 6 1 4.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicant has read, undt rstood and hereby agrees to the terms of this resolution and on behalf of hinr.elf, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain ot Title o. 'be property. Adopted by the City Council of the C'ty of Orono. Minnesota at a regular meeting held on the 27th day of September, 1993. AITIiSl: Dorothy M. Ilallin, City Clerk Edward J. Calialian, Jr., Mayor Property Owner (s) STATE OE MINNI'SOTA ) ^ ss. COUNTY OE iie:nne:pin ) I he foregoing insTuniciK was acknowledged before me on this 27ih day of ,Septcmber. 1993 by FJward J. C allahan, Jr. and Dorothy M. Ilallin, Mayor and City Clerk of the City of Orono, a Minnesoi.t numicipal corporation and said instrument was executed on behalf of the City. Notarx Ihiblic Page 4 of 6 S FAl I-: OF MINNl'SOTA ) ) ss. COUNTY OF iif;nni:fin ) Oil (his da> 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 ai his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this dav of . 199 before me a Notary Public within and for said county, person.ally appeared ___ __ ______ __________ kiKivMi to me to be ilic pcr.son(s) described in and who executed the foregi)ing insirunient. and acknowledged that he (they) e.xecutcd the same as his (their) free act and deed. NOTARY PUm IC Page b of 6 -------- ,a iCPnO «LJ-:?i) fOlr~%'ib^' THIS ITE^i HAS BEF.H S^IOeOFilMED Pint of r.urvcy i in ;r,;s*s.‘i.s:;’s....... -.,0 H«rn«nin Ccnntv, Kir.r.e£0>-i y O / Certificate of Sur’/sy: 7 ^er'^'c* certify that thii is a tr:o Mr.d correct \ / Vv V reorssertntior of a sur’.e.' v of'tho bo'irr.v.rie3 of 'trr.t \ rvirt of Lot 1, nioc’< ’-yC ;r that cart of •for’^iorr .vnnu? \ \ now vacated, Towr.cite of . described as -oIlo^-s, — io^ncins at the coint of inter-;::^c-ro*r LL .or..-::-iin, or y.o -< rht-of-wev of the Great t’erthern ... L.-., u^t.h the Southerly ex-•« • < PROPOSED ADD I r ION HARDCOVtR CAl.a'l.AT IUNS ITEM LENGTH WIDTH House X 26 Front Deck Deck Stairs Enleranee deck Front Walkway Back Walkway Rear Deck/Enl Rear Deck stairs 12 12 V 45 35 26 12 X X X X X X X 14 3 10 3 3 5 3 Garage X walKwsv 2*X 2* rads Stairs Csmt Poor Umding Driveway 1 1 25 X 4 S.F. t X X X I 4 ty TOTAL MAKDGOVLR IN ZONE TOTAL PROPERTY AREA IN ZONE (Al (B) \ V- \ r 168 36 S.F. S.F. * 'HI S.F. • 5 C 135 105 130 36 S.F S.F S.F S.F 4 '4 4 75 16 /ii s.r. S.f. jLX. s.r. ir. tnce in the Coc:,cany, T-'ortherly . - of to; - Ipht-of-^-ay 247.7 f«et hat part of line of the innetonicB, «2T4 s.r. othe ::.njne WV.71.M f . . ir end Southwesterly sice [the location of *11 Lu other inprovensnts (A) 2449 /(•) 1274 100 Jf-3 Seal*I Datli I o > 1" ■ 40* 9-2-76 Imn mrtair Gordon h. niar-.«r.-rd «.ux-.*«yor and ilar-.«r U'<e, Klnnesot^ Page 6 of 6 EXHIBIT "A" I.ot 1. Block 2. Townsiie of Ungdon Park. Hennepin County. Minnesota: That part of Lot 1 Block 2. and of that part of Notthetn Avenue, now vacaic.l. rownsttc I anjon Park desettbed .is follows; to-wit: Commencing at the potnt of ^ Nocfherly l.nc of the right-of-way of the Great Northern Railway Company with ‘h'Southerly extension of the dividing line between Lots 1 and 2 in said Block *. Townsi e o * , j_,i I thence Northwesterlv along the dividing line between said Lots 1 and 2 and «me ««nde , ttanee of "l3 14 feef thence Northeasterly deBecting right at an angle of 32055 from ast distance ot .13- “ , . , , p^in, of beginning of ’.lie tiact of land to extension ol said last dc.cribcd line, a oista^ ^ Northern Railway Company, wteh poto is’ M0"fe " .Northeasterly. nteasured_^along the I'n^saif Northerly :^hToL:r.inc%'? f^tiTic:::::: ^BtVTiyinrsri^' of beginntng; ALSO tncluduig all t tat pa of Lake Minnetonka, a'd" m'^N^t^l^H;^ Ncrdieasterly and Southwesterly side lines of the premises hereinabove first described. 7 I’o:Orono Planning Commission Members Mavor Callahan and Orono Councilmembers Ron Moorsc. City Administrator From:Jeanne A. Mabusili, Building & Zoning Administrator Date:September 7, 1993 Subject:/>'1856 Mark and Jemiy Pruetor, 3215 Crystal Hay Road Amended Variance Application - Public Hearing Zoning District: LR-IC Total lot area = 12,174 s.f. Easement area = 11,474 s.f. Total lot area exclusive of Crystal Bay Road The applicant proposes a 10’ x 26 ’ first Boor addition witli a 20 ’ x 5 ’ attached deck and 6 ’ X 5 ’ enclosed entry addition to the rear requiring side yard setback variances. The original application proptised an 18' x 26 ’ rear addition with a 10 x ‘♦'A deck included within the 18 X 26 ’ addition. A front replacement deck/stairs replacement structure is now proposed at 12’ X 14’. The original variance application wis proposed at 13'A’ x 18 . Side yard setback remained at approximately 3’. for the replacement deck, the average lakeshore setback is reduced from 9'A’ to 8’. Hardcover was approved at 29.4% (Planning Commission had originally approved 30.2%) with the original application. Applicant now pror.ises 29.5% hardcover within the 75-250’ setback area (existing is at 29.4%). A new issi e for the current proposal is the need for a height variance as cede specifically slates structure may not exceed 30’ in height or 2Vi stories. The lower level is exposed more than 50% and is considered a full story. Ihe structure is technically three stories but measures less than 30’. The following ordinances are pertinent for this review: Section 10.25, Subd. 6 (B). A.Hear addition vse^t side y.ird Required ® 10' Existing =6 ’ ^ Proposed = 8’ (original V'ariance ■» 2’ or 20% Rear addition - cast side yard. Required * 10’ l.xisting * 9’ 6" Proptiscd - 7’ (original 7’) Variance 3’ or 30% Zonini; I-ile ff'.m) September 7, 1993 r .ige 2 C.Replacemeiu deck - sid^; yard. Required = 10’ Existing = 3 ’ Proposed = 3 ’+. (original 3 ’ Ji) Variance = 7’ or 70% Sectic)n 10.22, Subd. 1 (B) - Average lakeshore seU..;*k. Existing = 12’ Allowed = 0’ Proposed = 8’ (original 9‘ 6") vScciion 10.22, Subd. 2 - Review of hardcover, A.0-75’ setback area « 3,200 s.f. (3,9(X) s.f. - 700 s.f.) Allowed = 0 Existing = 607 s.f. or 18.9% Proposed “ 552 s.f. or 17.2% 75-250’ setback area = 8,274 s.f. Existing * 2,431 s.f. or 29.4% Proposed * 2,448 s.f. or 29.5% (original application approved by Council at 29.4%) Net increase “ 17 s f. or .2% 4. Section 10.03. Subd. 14 (C) - Review of lot coverage for lots less than 1.99 acres. Total lot area - 12,174 s.f. I'xisting coverage • 1.426 s.f. or 11.7% AlK)wcd = 1,826 s.f. or 15% Proposed l.t>19 s f. or 13.5% Section 10 25. Subd. 6 (A) - No siriKtuic or building shall exceed 2'A stories or 30’ in height. Structure is defmed as 3 story stiucture although total height measures 29’ 6", review E.xhibit A/FronI Elev itimi. Lkt of Exhibits A - .Application D • Property Owners List C - Plat .Map n - Hardship Sutement Zoning l ile ^1856 September 7, 1993 Page 3 E - F - G - H - I - J - K - L - M - N - O - P - Q - Existing Survey Survey for Application ^1822 Survey for Proposed Application ^1856 Hardcover Fact Sheet Existing Hardcover F*act Sheet Application ^1822 Hardcover Fact Sheet Proposed Application ^1856 Elevations Existing Basement/First Floor Plans New Basement/F'irst Floor Plans New Second Floor Plan Detailed Structural Site Plan Anderson Letter 8/11/93 Resolution No. 1387 Description of Request The applicant’s current proposal requests a 10' x 26 ’ first floor addition and a complete 26 ’ X 34’ second floor addition. To the immediate rear of the 10 ’ x 26 ’ first floor expansion, a 5’ X 20' open deck with an enclosed 5’ x 6’ entry addition is proposed. The replacement deek/siair structure is at the lakeside of residence where the original application approved in June propo.sed a 13FZ x 18’ replacement deck and stair structure. Refer to Exhibit G. The average lakeshore setback will now be encroached by only 8’ by the replacement deck . The structure at the W'cst .'idc will encroach no closer than existing 6 and will end at 8 . The east side yard setback remains as original application at 7’. Hardcover originally approved at 29.4% is now proposed at 29.5%. The issue for the current review is the need for a height variance as structure consists of three stories tltaf dix*s not exceed a 30 height. Please review' Exhibit P. Mr. Anderson s letter reports no problem with the proposed new addition that will be located 7’ from his side lot line. The City has received no comments from the property owner at the west side where the soutlovcsf corner of addition will be kx'iticd 8 from side lot line. Hardship Sfafemeiil Review Exhibits D and Q Issues for Consideration The three-story structure will be kxated as close as 3’ at the west side lot line and T to the east lot liri At your site inspection, review the structures on either side. Will the 29’ 6' structure have an impact on the adjacent properties? Owner to the cast clainw no impact. IIi Zoning File #1856 September 7, 1993 Page 4 2. Refer to hardcover fact sheets 1 and J. A. Entrance deck (north side) is proposed at 9 ’ x 10’ where original propt)saI showed it at 7’ X 10’. Why is there a need to return to the 9 ’ x 10’ entrance deck? B. The front walkway is shown at 135 s.f. where in Application #1822 it was proposed at 72 s.f. Note back walkway has been reduced to 105 s.f. in the current proposal and in Application #1822 was shown at 159 s.f. Applicant should be asked if entrance deck can be reduced to 7’ x 10’ and if front walk can be reduced to 72 s.f. This would result in a reduction of 83 s.f. or 1% of total hardcover now amended at 28.5%. Other Considerations Any condition of approval must contain the condition that hardcover improvements scheduled for removal must be completed prior to the footing inspection before new construction. Note Exhibit G. the proposed site plan shows drainage being directed to east side yard where an existing drainageway drains to the lake. Applicant shall create drainage swale directing drainage to existing drainageway. Applicant shall provide a detailed grading and drainage plan for staff to review at the time of the issuance of a building permit. Isv ■a /Y OP ORONO - VARIANCE APPLICATI V *'''a aO W /V .hitial Application Fee $175.00 ($50,00 per each additional variance) P^enewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) •'.•A'• * *•* . •- PROPERTY INFORMATION Site Address ^ 2,/y Property Identif. Number (P.I.D.)J 7// 7 2-/ O Attach legal description to application if not included on required survey. Date Property Acquired_ _ _ _ _ _ _ _ _ _ _ _ _(month/year) I (do)ctdo__n.atV also own the adjacent parcels of land. Present use of property: residential _ _ _other(specify) Zoning District:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ APPLICANT Phone (home) 2, t/y/ Name Phone (worJc)' Address: 2^/S' City: Zip :_jQ2ZfZL_ _ _ __ __ _ _ _ _ _ ____ _ _ _ _ _I_Z.__ _ __ _ _ _ _ _ _ OWNER (if different than applicant) Phone (home)_ _ _ _ _ _ _ _ _ _ _ _ Name Phone (work) Address:City:Zip: DESCRIPTION OP REQUEST Estimated Construc'cion Cost $ ^ A Describe request in detail ;/c?Y" ’2.^-.' 7^/r^/p SVZny _ _. X ^ _ _ _ e VARIANCES REQUIRED _ Lot Area _ _ Lot Width _ jj^^tback: ___ Front t/^ide Hardcover ___Lot Coverage Hear ___ Average Lakeshore ' Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS I i ) i Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements: /. . . .; (attach additional sheets if necessary) required submittals All of the following information must be submitted by the application deadline date in order for your application to be considered complete; 1. __Con:pleted Application Form 2. ✓Certified Property Owncjrs List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. v/p iat Map (obtained with property owners list). 4. /Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8S”xll" for reproduction). 5. V Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 85i"xll"). 6. ✓^S)cetches or plans of floor & elevation views (provide 1 copy 8*5''xll”). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. __Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your vari^tnce application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga­ tion and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Plaiining Ctaumiss 1 on and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building 6 Zoning Office of tnis change prior to the meeting. iUN DATE rt/az/nBATCH DOS IICmCPIH COUNTY PROPERTY INfORMAIION SYSTEM PROPERTY CHBIERS LIST'V ■ .WWP AOOH tOMCR NAH6•^TAXPAYER '’NAME/AODR SB 1T-117-2S A1 OOOa 00038 ADORESS UNASSXGNED RAJ 8ERSIE ROBERT D BERSIE S15T NORTHVIEH RO NAYZATA MN 55591 ^ > PROP ADOR OMCR NAm TAXPAYER NAME/AOOR 5B ir-117-23 91 0011 05205 CRYSTAL BAY RO R A ANDERSON ILK ANDERSON RICHARD ANDERSON BOX 155 HINNETOMU BEACH HN 55561 PROP ADOR 0>*«R NAHS , ^ TAXPAYER * .NAHE/AOOR 82 16-117-25 52 0013 05156 NORniVIEH RD EOYTME BR0t«4 MISCL EOYTHE BROMN HISEL NnRTHVIEH RO NAYZATA 55591 PROP ADOR 0»tCR NAHE TAXPAYER NAHE/AOOR 82 16-117-25 52 0060 05159 NORTHVIEH RO RAJ BERSIE ROBERT 0 BERSIE 5159 NORTHVIEH RD NAYZATA Ml 55591 \ V REPORT NO. PI955901 PAGE 758 17-117-23 a; 000905235 CRYSTAL BAY RO DUHAYNE L SCMIOILLA AND HIFE OUHAYNE L SCMIOILLA 5235 CRYSTAL BAY RO NAYZATA Ml 55391 38 17-117-23 91 001003215 CRYSTAL BAY RO HARK R PRUETER HARK R PROCTER 3215 CRYSTAL BAY RO NAYZATA Ml 55591 17-117-23 91 0012 03255 CRYSTAL BAY RD C WILLIAM IIOLFE AMO HIFE C NIILIAH WOLFE 5255 CRYSTAL DAY ROAD NAYZATA Ml 55391 38 17-117-25 91 0019 03265 CRYSTAL BAY RO LEROY J CRGER A HIFE LEROY J CRGER 3265 CRYSTAL 6AY RO NAYZATA Iff! 55591 B2 16-117-25 32 0019 00082 ADORESS UHASSIGNCO RICHARO A A LEESA K ANDERSON RICHARD A A LEESA K ANDERSON 3205 CRYSTAL BAY RO BOX 155 HINNETOMCA BEACH Itl 55361 02 16-117-23 52 0059 00002 ADORESS LBIASSIGNED RICHARO A A LEESA K ANDERSON RICHARD ANDERSON BOX 135 ItlNNETOMLA BEACH MN 55561 TOTAL BATCH 003 00010 I CERTIFY THAT THE FACTS REPRESENTED ARB AN ACCURATE AND TRUE REPRESCNIATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEIBICPIN COUNTY OEPARTyEliT OF PROPERTY TAXATION, TO THt»BCST OF MY KNONIEDGE AMO BELIEF, DATE • V 1 \ fsssid t 0 » It'-ft'♦V % , •‘ •osTH*'^!. .. . *u 't >r♦ t •. • , ■ '6^ •.•• I. •.-?>»•‘A fe; ^ ••-'•NV- ''-•■VkV • 'r' 1 ' jji' ■'•■ . '•■' MB ■r :• -Ma A- .W/: •■*.' ' U'■ *• * * ’ i’> J «• •: ?ii•••»■ -vri.:ei* j' j * V >-Mtaat « tilK. ^ d »kC Vi ♦« - »l. ti, sr. ». ». a. ■'> » '' /V* \ij; o:'!-:*• ^0 •■< yd s' ^'k»iu*a y »•> x"^ -\ \ \ \ ■v.' ' 5J) /■Vi v*C X»C *i0 4'i4:•350-^/ ^/AX<rV/y/ ■' .a, (■•7; < '• •.'■*3) •. tx\ ' •y \53 t - \- ^f'T\- ^- -v'M t: \*3 f (11) \ ’•lio\ "(i:) ' ;4»cvh (36) -.J r y (1.V.5,- -4/ \ » ‘/ > ( ■A ^ \ 'V.\ .'.V'u-9)(51-\ O ■V Vi. .->. ^ V '.9) % _ o '.’A', S-'V>C ■'-"V »); ) " HiJ)^.4 -0 )\ V- v6 4!;rr c \ . -.' • C9) (31) (41)A* (37) (40) *.* i / r *» • *,*V i >•.' ’ •s. • •1 1 '-' (30)(32)5(33) (38) (64) ,0 ^' W-JT /im' <»viT o?r r LOT ?o ^ V . V 'x'»V' >vy '* , ,y--rv x, - / -A . - . * ■ / ' , *" : •// ^ •' V "4 ■ y ^ 'x . x' / • ^ .1 10 ^ \14) 59) t i 1 *{v (58 4'57)^ . '•j(56)“*j »]'$ )ci ^ (69)^ <• ?Q 1 « . ! «?l- r.-A r-?.*AS*f3'{old COUNT! RO .<■> •• ^ •>; y / *' /y - ' <■ » % .4* r * > n HAF^nSHl F S»*veral charact.orist:i«:s ot this prupoft.' inhibit the . bitiity to meet the (75 ’-250') hardcover liniitiation and set back riM^ui reinents. .M ■ A. h. C. D. Home constructed prior to exist ink; zoninu requirements, TFius niakirm it extroineJv ditlicuit tor proposed addition to comply with these reRulations. No additional land a\aiJ.ible *<»r expansion. thus etlectniK our compJaince to Mie hardcover and side set back r«vpiitements. Shape ol Lot: Witii tin* lot beeoiiiiin n< progressively narrower from Lakeshoro lo rear, this limits tlie area on which to build. Therefore restricting the design to add more livable space to our home. The topogr.iphv ot tlie Jot. le. steep slope at roar creates poor drainage «itid. necessitates the need tor the back walkway, tli'-retore itiliibiiitiK hardcover compliance. i ' I i tr Vi >> 4^ Si a v; :-) THIS ITEM HAS BEEN I^ICROFILMED Pint o'* r.’ir~.'o; for Stover. A. Hnvorbor^ in Lot L, 31oc< 2, To’-T.Eit:? , I'O"ino•'>in Crruntv, Kin.nosjtj '%/ A?/ . / 4^’ / \*V5< / Vy. / \ \ V-', Certificato of Sur'/oy: I horoby cortiry that this is a tr:n inri rorrnct reoresertntior of a sur'/oy of th'} bc’inc-.;-*.03 o*' that part of Lot 1, Ploc’< 7, arc^ of that oart of ’forthorn ,Avnr'.», row vnratod, Townaito of Larrdon p.ark, deEC**ihe'l as ^ollo'-'s; to—wit: Corancr.cinr at the o^lnt of inter­ section of the Kortherl:* line of the rirTht-of-w'iy of the Great Northern pjilway Gonnany with the Soritherly ex ­ tension of the "ivliinr line letvcen Lota 1 and ?. in sain Ploo> ?, Tc"«r.citc of Lan»nlon Park; thence Korthwcaterly alonf the dlvldlnr line between said Lots 1 and 2 and sane extended, o distance of ^13 .li* feet, theme Kortheasterlv deflertinF rl.«iht at an angle of P2°55' frora last described course, a distance 180 feot to the actual oclnt of beginninr of of Land to be described; thence continuing fre act-ial rxilnt of berinninr Northea.sterl ' cn the extension of jald last described 11 le, q distance of 60 beet; thence Southeasterly in a straip-t Uno 2^3.2 feet to a lln, or fold ripht-or-va;/ of the Croat !Torthorn vMch r.olnt Is 140 fo-jt Vcrttoostorly, rensurod yonp tho t-orthert. liro o'* s.'li railroad rl.tht-of-way, fror, the Inl.'.y ^'T.' Mrcomnl; thonro Southuostorlv alonp said (.'ort. erl:- rle . lire 35 feet; thence Northwesterly in a straight line ai4 , • to «io actual solnt of boflrr.lne! ALTC Incl-idlng all c’^ ° (.ol 1 in said Block 2 Ij-lrp botwoon y.a provisos harelnabovo doscritcj and tho snore aide and lolveen the l.'orf-erl;- eatension of the ^orthe.sUrli and Sou.h.eaterU sice llnea of the orar.ls.s herelra.hove first descrioeai sad the looat.on of all existinp buildings thercor. It does not ouroort to show ot..er Inprovenent., or encroachments. Sc lie: Date I I" s ID* 9-2-76 Iren mrker C^ rrir n K.. CoffTn^ twfji(iorden .H.. Coffin — lard f ir".*eyor and Plarjier Lcnf. Lwke, K-lnneeota / .7 .7 '1 ■' Jj ■ ■•') i i t "I •;vPItT o^ r.u-T’oy TH!S ITEM H^S BEEH MICROFILMED for Stov-v. A. Havorb-^rv' in Lot 1, =loc< 2, Tcur.sits o'* ?.ir< !;orn»7nin C runty, yirr.‘»£ota Certificate of Lur'/oy: I horery certify that thl3 is a tr;o -mr: ^orr<‘Ct reoresertvitio" o' a 3ur ”'e’* of the bc'inc.a o' tr'a oart of Lot I, nioo ’< 2, ar.^ of that oart n^' Vorfiorn A'*nn;'», row vacatoc., To-'naite of ^an."*don Park, descritc'i as to-uit: Corcrencinr nt the o^lnt cf Inter­ section of the Northerly line of the rirTht-of-uny of the Great forthem Pailuav Ccnneny with the Southerly ex­ tension of t-.o*-ivi-Jinr line hetuoen Lots 1 ar.n C in s-eio ^loc ’^ ?, Tour.site oi L*ar.(7don Parki thence Northvcstorly alonf ” the divldlnr line betvcen s«ld Lots 1 and 2 and sane ex'.erded, a distance of 21?. 14 feet; thence North<*asterl-' oeflertinr ri^ht at an angle ^ of 82®55' f:.*on Last doscribod courae, a dist-ince o. 160 feet to th*» actual oclnt of beginninr of the tract of land to be described; thence continuing fren said actual rxjint of beflr.r.inr ffortn-asterl-.' cn the extension o'* .aid Last described line, a distance o: 60 feet, .h.n,. Southeasterly in e stre-iy^t lino 263.2 feet to a point in the lln» of ea'd -•‘r^t-of-way of the Great Northern pj.l~u.. Co.„,.a../, iilehVlSf i;-fio ^rth,a.t.rl7. rort.orty line o'* S.'id railroad, ri.cht-of-way, fror vce Initial co.^ nencerr’nt; thonce Southuesterlv alonp: said lir." 35 feet; thence Northwesterly in a straig-.t ll..e 24/. -- Jnri;-‘.!;rtJrSrt4riy 4Lr ‘ion of tho ' ••A yC' ■4"^ e )r ercroBchrerts , Scale: Oat* : o : 1" * 4C* 9-2-76 Ip.?n wip’xer Cerden .-t. to!Ic, tC64 Lard f>ir*/*ycr and ?lar.ner Lcnf' Li*-ce, Kirxesota (S X Q ^ AO THIS ITEM HAS BEEH MICROFILMED Pint of r.ur'.'oy for Gtever. A. Ilnvorb'^r/ in Lot 1, 31oc< 2, Towr.sit^ of Lor.u’don !'nrn'="in C.nint;/, Kir.r.«sota Certificito of 5>ir'/o;.': I her'.'b:* certir*/ thit this is a tr:o -mri -orroct rooresert^itior of n sur"*oy of tho bc'ind-.;ri‘.'3 thnt part of Lo* 1, nioo’< ^r.d of that rx>rt or' ’forthorn Avnr,r;«, row vara tor!, Towns i to of Lar.~don Park, described as ^ol.lo'''s; to—wit: Cornencin? at the o^int of intor- sectior of the Fortherly lino of tho rirht-of-wav of the Great Northern P^il’jnv Crrr.nan:.' with the Sor:therlv ex ­ tension of tho' -*ivi'iinr line between Lots 1 and C in said ^lor> ?, Tour.rite of Lan^rdon Park; thence Korthwosterlv alonr the'divldlr.F line between said Lots^l and 2 and sane extended, o distance c* 21,* «1^ faot, thence Kort'-^asterlv defloctin* ri<^ht at an angle of 82°55' from last described course, a dist-ince of ISO feot to tho actual oclnt of beglnninr of the tract of land to be described; thonce continuing trcn salw actiwal nolnt of berlr.ninr Nortnoast'^rlv or the extension o'" said last described line, a distance of 60 ''eot; thonce South'?as torlv in a streif-’t Lin.'.* 2<'-*3.P f?<*- a point in t..e line of said rinht-of-way of the Great Northern Railway Cor.pany, which Tvolnt in 140 foot ''crt’-e:<sterly, nrensured slcnr t..s lortncrly line said rnilrond rirr.t-of-way, fr-r* t'e initial r^Jr.t of cor- nonconcnt; thonce Southwesterlv alon^ said f'^^^thcrly line 35 feet; thence Northwesterly In a straig... '* to tho actual point of bofirrlnr; ALSO including all what ^art of Lot 1 in said Plocx 2 lying between the Nortrwesterly line of th, D^e-icos hereinabove descri'-''d and th-? shore of -a.<e Marine.cn^, and botw«on the I-'ortherl:' extension of the Kcrtheasterly and ooutn*.*esterly sice linea of the prar.ises herein.bove first described; and the location o, all existing buildings thereor. It docs not r,uroort to show ctner ir.provenents or encroachnents.f' WA ^y/jX Scale: Date : o : 1" s 4C ’ 9-2-76 Iren ror'xer Gorden H. Coffin Lard f ,r*.'e/or and Plarx.er Long L-’<e^ l'dr*nesota 7; / » Tr •'1. .■;V?.v._./ . • • ''.N •-N J HARD COVER CALCLLATION WORKSllELl' Sot. Bark Zone: 75'-2 50' ' K^m i^ HARDCOVER IN’ ZONE ITEM LENGTH X WIDTH —S. I . Houso 2i X 2b r 02 i S. f . Front Dock 1 2 X l‘>-2 2 8 S. r . Front Dock Stairs 1 5 X 3 4 3 S.F. Front Comcnt Slab 7 X 10 70 S.F. From Walkwav 45 X ■<-135 S.F. Sido Walk P "4 X •>—128 S.F. Roar Dock 2b X 5 -130 S.F. Roar Dock Staiis 1 2 X / •4 •**48 S.F. b.ick Walk' av 53 X 3 1 59 S.F. Gar.mo • 1 •)X 20 r t t 4 4 «4 S.F. Walkwav 1 1 X 4 S.F.-/ * 4 4 S.F. 2’X2' pads Stairs 25 X 3 75 S.F. Bsmt Door Landirm 4 X 4 mm 1 b S.F. Drivowav I 5 X s 285 S.F. TOTAL HARDCOVER IN ZONE (A)s 24 31 S.F. TOTAL I’RODLRrY AREA IN ZONE (p.)=82 74 S.F. (A) 2431 / (H)8274 X 100 s 29.41 9 * T » t tt ‘•V- >\ 'i' "^3 Q >■* ,.0 PROPOSED ADDITION HARDCOVER CALCIT.ATIONS ITEM LENGTH \WIDTH ——S . f. House 42 • •2o Ii)92 S.F. Front Deck 10.6 X IS -!91 S.F. Front Cement Slab 7 X 10 70 S.F. Front Walkw.av i«« • A 4 S.F.-*=7 2 S ‘ * 2 X S pads Back Waikwav 53 • •3 I 59 S.F. Back Deck Stairs 12 X i •4 2 4«S.F. Garage 22 • • •V 20 s / » -4 ^S.F. Walkwav 2’X 2‘ pads 1 1 X 4 S.F.M y t S.F. Stairs 25 X 3 S •m « / 0 S.F. Bsmt Door Landing $•4 X 4 r 16 S.F. Driveway 15 X 19 IS 285 S.F. TOTAL H.ARDCOVER IN ZONE (A)-2496 S.F. TOTAL PROPERTY AREA IN ZONE (B)2 82 74 S.F. (A) 2530 /(B) 8274 .X 100 -30.2:: i r- - "V •7 7 TT J *1 . \ .• # • L--i\t 0 1 PROPOSED ADDITION ITEM HARDCOVER LENGTH CALCULATIONS X WIDTH -S.F. House 34 X lb 884 S.F. Front Deck 12 X 14 =168 S.F. Deck Stairs 1 2 X 3 36 S.F. Enterance deck u X 10 s 90 S. f. Front Walkway 45 X 3 s 1 35 S.F. Back Walkwav 15 X 3 =105 S.F. Rear Deck/Ent lb X 5 1 30 S.F. Rear Deck stairs 1 2 X 3 •36 S.F. Garage 22 X 20 444 S.F. Walkwav _ _ 2’X 2' pads 1 1 X 4 S.F.mm 44 S.F. Stairs 25 X 3 SS 75 S.F. Bsmt Door Landing 4 X 4 «■»16 S.F. Drivew’ay 15 X 19 mm 285 S.F. TOTAL HARDCOVER II^ ZONE (A)S S.F. TOTAL PROPERTY AREA IN ZONE (B)3 8274 S.F. (A) 2445 /(B) 8274 X 100 s 1 .-7. 'X i1 oi C' ) ,rd ' • " • V > ’•o August 11, 1993 Jssnns Msbusth Building and Zoning Adninistrator City of Orono P.O. Box 66 crystal Bay, MM. 5S323 Dsar Jsanns: I as writing in rsgards to tha varianos application filad , pruatar. Proa tha start Mark has consultad as on his raaodaling plans of which I hava had no objactions. I faal tha naw plan is an iaprovaaant ovar tha pravious varianca rasolution dua to lass si<w sat back infringaaant and hardcovar to affact watar shad. Basad on this, X aa in favor of Nark's hoaa addition. Mich I I fc. I-‘I -i 1 aiuitu. (y CITY of ORONO K I i RESOLimON ™ a NO._ THE CITY COUNCIL ffi: A RESOLimON GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) AND SECTION 10.22. SUBDIVISIONS 1 (B) AND 2 FILE #1822 WHEREAS. Mark Piueter (hoeinafter 'Uie appU^") u at 3215 Crystal Bay Road within the City of Oiono (hereinafter City ) and legaUy described as follows: * Refer lo Exhibit "A" attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the incaae of 65 a.f. or .8* with to«l 2^496^or 30.2* where 2.431 s f. or 29,4 exists and where only 2.069 s.f. or 25% is allowed. NOW, THEREFORE. BE IT RESOLVED by the City CouncU of Orono. MinnesoU: FINDINGS 1. 2. This application was reviewed as Zoning File #1822 The propedy of 100*. The propertyrequiring V4 acre in aiM ^ straight line at the shorelineof 12.174 s.f. in area. Lot width and at the 75* setback line Page I of 7 ; ■■■•: » CITY of ORONO 'k: /.N i RESOLUTION OF THE CITY COUNCIL NO 3 2 3 ? t * (■ 9 3.The OroDO Planning Commission icvicwed this application on May 17.1993, ^ recommended approval of the variances as proposed based on the foUowmg findings and hardships: A. Lot narrows at the midpoint of the property measuring 55 at the lakeshore and 35* to the rear. B The applicant proposes a reduction of hardcover within the 0-75’ setback area at 1.7%. C.Emergency access can be achieved via 10+ toot corridor b^een adjacent residences to the east and west. Prime access to site will be from the south from the municipal hydrant. Total structural coverage is proposed at 1,724 s.f. or 14.1% where 15% would be allowed. Proposed lakeside replacement deck will reduce the encroachment of the average lakeshore setback line by 2'/4*. The existing deck is 15* in width. The proposed deck will be 1014* in width. F. G. I« X • t -4 1The home was ccmstnicted prior to existing zoning requi No additional land is avaiUble to allow for expansion without the need of variances. The property has steep slopes to .outh creating unique drainage problems. The City Council finds that the conditiens existing on this property w peculiar to it and do not apply generally to other property in this zoning district; that naming the variance would not adversely affect traffic conditions. Ught, air nor nose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicam, but U necessary to aUevute a demonsoable hardship or difficulty: b necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirU and intent of the Zoning Code and Co mprehensive Plan of the City. Page 2 of 7 !•, I- CITY of ORONO ^ • RESOLUTION NO. CITY COUNCIL 5.The Cily 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 variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 (B) airf 2 and Section 10.25, Subdivision 6 (B) to permit the construction of an 18’x26’ two story addition to the rear of the exisUng residence and construction of a replacement deck of 18’xl0’6" to ^ lakeside of the existing residence subject to the final improvement plan for the property as s^n on page 6 of the resolution and upon approving this variance the City grants a 4 or 40% west side setback variance, a 3’ or 30% east side setback variance, a T or 70% west side setback vari^e for replacement deck, a 9’6" setback encroachment of the average lakeshore setback »>« «« » hardcover variance for a net increase of 65 s.f. or .08% with total hardcover now at 2,496 s.f. or 30.2%, subject to the following conditions: 1 All existing improvements scheduled for removal shall be completed prior to tte final inspection for the new addition. Applicant shall maintoin hardcover at 2.431 s.f. or 29.4% by removing 65 s.f. of wooil walkway in rear yard. 2.Applicant shall provide a grading and drainage plan that addresses maintenance of positive drainage from fouiulation of new avddition. 3.Authorities granted by this variance run with the property not with the applicant, but arc pennissive only and must be exercised by application for a building permit within one year of the date of CouncU approval, or this variance will expire on that date (June 14, 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 authority granted herein, and shaU be punishable as a misdemeanor. Page 3 of 7 •"L A a CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO, 3 2 8?_______mm I- 5.The uoderstgned applicant bas read, understood and hereby agrees to the terms of resolution on behalf of hiinself. his heirs, succesjwrs and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 14th day of June, 1993. ATTEST; /iSPiLilixf M^-Tiuiii, City Cierk f -*//// Edward J. Callal^. Jr.. Mayqr^ Property Owncr(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of June, 1993 by Edward J. Callahan. Jr. & Dorothy M. Hallin. Mayor & City Clerk of the City of Orono. a Minnesou municipal coiporaUon and said instrument was executed on behalf of the City. Noca^/rablic Page 4 of 7 f ti ■ ■>. wi: r'?- f- V V If. n-;% I' I',: CITY of ORONO .. RESOLimON OF THE CITY COUNCILo o <v NO.o2S C8HVJ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . 199 3> before me a NotaryOn this _ day of _____1 f ’ n.jg—^—-—* " Ij |..blicwiUu,«.dforsaidcoun.y.^J.Uy^^^ the foiegoiiX instnimeu. anUi:laiowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 0^day of vJ"k . 199 ^ before me a NNotary Pubncwithin.mlforsaidcounni.^»o^^;^^^^ ihe foiegoiog instnimeiit. and Kknowledged that he (they) executed the same as his (tbett) free act and deed. MOTAf^MSii^* MMMCaOTA y. //jjLy Sot JSypublic Page 7 of 7 ». iJ »t' •• AI • R Bo IBiipe L Schibilla & Bssoda^es 13100 fimilevard, Sirilc ISO CtrHfied INilitit dlctoviitaiil ft IRanieainiUf, lUimesala 35303 (612) 54I>I730 fax; (612) 533-1721 September 16, 1993 SEP 2 0 1S» City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Prueter, Permit Application Number 1856 Dear Sir or Madam: As related to the above referenced permit application I wish the City and applicant address the following items: The proposed addition will place hardcover in an area that is currently suseptible to large amcxjnts of standing water. Hie drainage of this and other run-off needs to be addressed so as not to create added water onto my property. Gutters and proper grading are mininun answers to this ooncern. City staff has indicated that under current City regulations the proposed improvements will not restrict me from adding a second story to the front half of ny house. Since our existing structures are already very close I do not wish to agree with a project that will keep me from adding to my existing house. It ir. my understanding that the concrete patio located at the front of the house is to be removed in order to comply with hardcover requirements. Provided that the City has satisfied itself that the proposed improvements conply with City requirements and has specific£Llly addressed ray concerns as stated above I have no problem with the proposed improvements. :■ oc: Hark «id Jenny Prueter s • • #18 o IX THIS ITEM m urn SIICHOFIIIHED Pint of fiUrToy for Stover. A. llaverberg ^ in Lot 1. Block 2, Toxjnsits of U.»;gdon .ar< Hernenin County, Minnesota \ .•••/ V^.(j^ptificate of Survsj « I hereby certify that ^ this is « tr*.*o *»nri correct reoresertiition of e sur'-'e!' of* the bounceries of that airt of Lot 1, niock 2, end of that cart of Morthorn Avnnue, ROW vocaW., Townaite of Lnn.-don Pork, described as -^ollovs; tc-wit: Cosaaencinff at the point of foetlon of the Fortherly line o. tho rlfht-^f-way of the Great h'orthern m ... the Southerly ex •OaOSEO AUDITION HARDCOVER CALCULATIONS '' o'-'i M‘***V'^-M* \ \ LENOTH 0e<¥' mt Oitek Stairs •rancs clack >«IC Walkway k Walkway r Deck/Cnt r Dack stairs 12 12 V 45 35 26 12 iwa V 2’X 2* pads ra Door LamJina away 4 15 e NAMDCOVER IN ZONE e rSOPESTT AkCA IN ZONE X X X X X X X X X X X X (A) CB) WIDTH 26 14 3 10 3 J ■v\' 886 168 S.F 36 S.F. “TO ^ S. F. • ?• O 135 S.F. 105 S.F. 130 S.F. 36 S.F. 4 S.F. J i 19 464 S.F 44 S.F. 75 S.F. 16 S.F. 2A1—s, r. S.F. 8274 S.F. mce in the Cor,cany, the J-!ortherly ;int of cor- Lght-of-vay 2/L7,7 feet hat part of line of the innotonka, • ly end Southi/eaterly aic® ! ’the location of all low other laproveaenta e 'V >'• 2645 /(B) 8274 100 5LA /Jf- Ut !• * 40' ■ t 9—2 —76 t Tmn mrkar Lon* Ul». maMWt* .Jt I- . ,• -. “4-;* "J ‘ •»r*;r "V' • i ■* - * ■. '. -^ • r-^ . •• i*-.. • •* • *r ^ •• # . > • *. • “ < • •# •'^ ( i’., •. i" m t - \ f I •■ • •• * n*, »* « .' ... . • t *• «■» •^:v:.. ^- .^v ::-^r l^PT p^ gL8VAn^\ •^sc-ale. .- '^'* - 1'- * ^ **. t • #• i ■<ii-rv M- ' ■■■^ J- ;■• - V ... ii:.-.-./.S' '^^:^^ V.::; .■ % .r ft I 1 • t C^ > -A oz v^ TH •• i> 73or\ > J3 > -\ . M ' •' ./ •’••. .' • I • • • I •r. •. •• * . *V. * •■»; »; [r • J • .J* f • f, • V * * *• 1 >. »• ?. • %♦ I * • ..■V, , • • :•»’ *v • • * » *•.* V i . . V" •» * \ l:\ V . . , ' j< ■ • • ; ;■ « i 'si.A'?Sj^\ * ■ m I * i!ih '•■■ -4 ^4, - o - I'-o" :^vm JIp :¥S§' '■. .v js.«5;.- . ■»:■;, Jim ''i.-. - u m^M: m ..IP r| ^ » Bei6WT > 25"x®" % • '. t • I •> • * k Reg. RoobA w I • • 1 I. 8.‘-x') ^ li ■ Pr‘* •.4»,l! '•^»- ■t K ,r Mi'.' - ^ >1k I ■r Jiii '4(« •IV \; • micpolM ; %A»A V.H miv Uh KtiMWi .>: •••: ’; vv .:.• ■I f ;• '■■'»; .’■ r*. X <4 » i ViP >/" I-., m f- \ 0 0^TH OFFICE I ■ L__________1 •'L. %'» » ll 2G'o' S.'v- I- pLOOR PlAsl •• o» ‘ . V' '-..i, j* * ** I 0 • • /.'Q . * • r ♦ • ’ WalL « % y(\ 'm t * • « » » .. ,'•*. : I • > •& * * -fi i Si1Id 7 > > •: \ ■ f > s ^ I• # • , • .. ^ • - • f 1 «“0' JT-» V* . • a« t 1 • • • 1 *N f To ----a • 1 « ^L—^ * T S( I t1 6-0 f C 45^ E?oW Ctr41t4t &UPIHG- POOIL bCloW ICc^'O* u: Uc-6AL Part of u >t 1, BuotK 2 A hp op Part of VlowHeRFl Ave. ^Klow' VRcATep) To\Nt4e»»TE. OF LAtJ&DoiJ Park . lt4FoPMAT»0(4 \Ji>to 1=RoM K. Coffi»4 - COATtO ^ illHIIMH } T* ^rI’' ^ ' i'- a' . Wtiili.rH-Jl iMl 1 % %f- r'- I TO: FROM: DATE: SUBJECT t Mayor and City Council Jeanne A. Mabusth, Building and Zoning Administ September 23, 1993 #1856 John and Marla Merideth, 3685 Watert Variances - Resolution Additional Exhibits Exhibit K - Septic location map The applicant proposes the installation of 4,800 s.f. indoor riding arena requiring variances to the allowed size for an oversized accessory structure on a property that exceeds 9 acres in area. Accessory structures on the property will now exceed the allowed total area for accessory structures on a residential property. Prior to this review the exact location of the septic system in the south yard was unknown. The septic system has now been located, review Exhibit K, and has been located out of the western pasture where the arena is to be constructed. Planning Commission members were concerned with the size of the facility and that they were unable to judge the impact on the property. They noted other larger accessory structures on properties and the Merideths noted the dimensions of the subject structures (ie oversized accessory structure at Dickey property, 80 X 200'). The applicants also advised that the arena was at a minimum size to allow adequate turning motion for exercise and training of horses. The structure will not exceed a height of 21- 22' as walls will be 14' in height. The structure will be located in the sloping lower elevations to the southern rear yard. The structure will be of the same color of the existing accessory structures. Applicants were also advised that the area of the property at 10 acres could only support 7 horses. The Merideths advised that this facility is just to serve their own horses and that they do not intend to have more than 7 on their property. The structures will be located approximately 80' from the west lot line and could never be used for the boarding or training of horses. The setback for private use is 75* from all lot lines. If a quasi commercial use is to be considered the structure would have to be 150' from all lot lines. Members also cautioned the Merideths as to the importance of the execution of the required covenant for an oversized accessory structure. Members noted that the structure at 4,800 s.f. would Sa^ t^^ removed if the property was ever subdivided at a future date. f h !■ •„t '*■1* rim I t'v -I K |ivh §■ f i.^- V.,- ^v: •1856 John and Narla Morldoth 3685 Ifatortown Road - Variancaa Saptaabar 23* 1993 paga 2 Planning Coandaalon RaooaaMndatlon. Planning Commission recommended unanimous approval of the application as proposed and asked that the approval resolution contain all the limits on the use of the property as far as it relates to the number of horses, use of structures for boarding purposes where 150' setback from lot lines is not maintained, impact on structure if subdivided. The enclosed resolution has been drafted per the Planning Commission recommendation. Please review the enclosed packet prepared for the Planning Commission's review for more detail on this review. 4-T; .1 . . e m„ •*.V‘ >. ..1^1, A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SLTIDIVISION 9 (C-2) FILE NO. 1858 WHEREAS, John H. and Marla L. Merideth (hereinafter "the applicants") are the owners of the property located at 3685 Watertown Road within the City of Orono and legally described as follows: Parcel A That part of the Southeast Quarter of the Southwest (Quarter os Section 32, Township 118, Range 23. Hennepin County. Minoesou described as follows: Beginning at the Southeast comer of said Southeast Quarter of the Southwest Quarter; thence west along the south line of said Southeast Quarter of the Southwest Quarter to the west line of the east 678.62 feet of said Southeast Quarter of the Southwest Quarter; thence north parallel with the east line of said Southeast (Quarter of the Southwest Quarter to the centerline of the Watertown Road; thence Southeasterly, along said centerlax to the west line of the east 462.89 feet of said Southeast Quarter of the Southwest Quarter; thence South akMV said west line to the north line of the south 16.50 feet of said Southeast Quarter of the Southwest Quarter; thence east along said north line to the M line of said Quarter of the Southwest Quarter; thence south along said east line to the point of beginning. Parcel B The west 250.00 feet of the east 928.62 feet of the Southeast Quarter of the Quarter of Section 32, Township 118, Range 23. Hennepin County, y south of the centerline of Watertown Road. I I west a. lying WHEREAS, the applicant has applied to the City for varJuices to Municipal Zoning Code Section 10.03, Subdivision 9 (C-2) to permit the construction of a 4,800 s.f. indoor riding arena that will exceed the allowed foot print area for an accessory structure of 3,000 s.f and a variance to the allowed total area for a accessory strucnires on a given property prop " at 8,288 s.f where only 6.000 is allowed. Page 1 of 5 I. Si * k MinnesoU: 1. 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FADINGS This iqjplication was reviewed as Zoning File #1858 The property is located in the RR-IA Zoning District requiring 5 acres of dry contiguous land. The property consists of 10 acres in area. The Orono Planning Commission reviewed this application <mi Septei 1993 and recommended approval of the proposed variances based following findings: M f.-f 20. (Ml I Sloping topographies to the south in rear yard will help minimize impact of the larger structure to be constructed at a maa imum height of 21>22* and a mean height of 18-19'. B.The exterior structure shall be of a light beige color consistent with the other accessory structures within the rear yard. C.The oversized accessory structure code would not allow an indoor ridmg arena with a foot print area in excess of 3,000 s.f. The 60 x 80* structure will provide minimal area for the exercise and training of horses. A structure of this type wUl be consistem with maiqf of the other horse operations aiong Watertown Road within the 5 acre zoning district. E.The Ordinance will require the filing of a Covenart in the chain of title of the property that will protect the City’s interest if property was to be considered for tnAxlivision in the fiiture. The City Council finds that the conditions existing on this property m peculiar to it and do not apply generaUy to other property in thb zoning district; that giantitv the variance would not adversely affect tralTic conditioos. light, air nor pose a fire hazard or other danger to neighboring property; would not merely Page 2 of 5 ■4 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 applicartt; and jvould be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City suff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Baaed upon one or more of the findings noted above, the Orono City Council hereby grains variances to Municipal Zoning Code Section 10.03, Subdhisioo 9 (C-2) to permit the construction of a 60 x 80’ indoor riding arena that will exceed the allowed foot prim area for a single ovenized accessory structure and will result in an excess of total area for accessory structures subject to the following conditions: Per Section 10.27 Subd. 3a (10.20 Subd. 3m) 10 acre property shall be limited to the keeping of 7 horses. 2.Riding arena must meet the following setbacks; 75’ from both side lot lines and 100 ’ from the rear lot line. Applicant shall provide an updated survey locaiini all existit^ and proposed accessory structures on property upon application for building permit. 3.Applicant shall execute "City of Orono Covenant for Oversized Accessory Structure" Uial shall control the existence of the structure should the properly be consideted for subdivision at some future time. Authorities granted by this variance run with the property not with the appUcant. but are permissive only and must be exercised by application for a buildi^ permit within one year of the date of Council approval, or this variance will expire on that date (September 27, 1994). VioUtion of or non^winplianPe with any terms and of ths Page 3 of 5 I tt.. resolution shall constitute a violation of the zoning code, shall autom^ticaily terminate aiiy authority giaiued herein, and shall be punishable as a misdem.^anor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree; to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of September, 1993. ATTEST; Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner (s) STATE OF MINNESOI \ ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of September, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesou municipai corporation and said instniment was executed on behalf of the City. Notary Public Page 4 of 5 ■ l' k STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personalty appeared known to me to be the person(s) described in and who executed the foregoing instniment, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC 1 STATE OP MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this day of , 199 before me -i Notary Public within and for said county, personally appeared _ __________ known to me to be tlie person(s) described in and who executed tfi^ iiwmiment. and acknowledacd that he (they) executed the same as his (their) free act and deed. ■:4 NOTARY PUBUC Page 5 of 5 ■Vft, TO:Planning Commission Members Ron Moorse, City Administrator FROM:Jeanne A. Mabusth, Building & Zoning Administrator DATE:September 10, 1993 SUBJECT: #1858 John and Marla Merideth, 5685 Watertown Road - Variances Public Hearing The applicant proposes the installation of a 4,800 s.f. indoor ridtng arena requir.ng variances to the allowed size for an oversized accessory structure on a property that exceeds 9 acres in area. The addition of4,800 s.f. of accessory structure would also exceed the allowance for the total area of accessory structures on the residential property. A major concern with this review is that an on-site septic system has never been located on the property. Based on the location of the tanks the drainfield is located somewhere to the south. Staff is concerned that the proposed location for the oversized accessory may be located within existing drainfield. The following ordinances are pertinent to this review: Section 12.30, Subdivision 6 - Systems operation, use and maintenance Ownen* responsibility. As already noted above, the on-site septic system has never been located on this proprtty. With tte installation of a 4,800 s.f. facility within the rear yard, it is necessary to locate the septic system before any other improvements are allowed within the rear yard. The rode clearly sutes that it is the ownen* responsibility to provide that information. The on-site septic manager is in contact with the ownen to offer assistance to their on-site septic evaluator when conducting the field inspection. Section 10.03, Subdivision 9 (C-2) Maximum individual accessory vucture/f of 9.01 acres. Allowed = 3,000 s.f. Proposed = 4,800 s.f. Variance = 1,800 s.f. or 60% print area for properties in excess B Allowed total area of all accessory struemre fi excess of 9.01 + acres. Allowed = 6,000 s.f. Proposed ~ 8,288 s.f Variance “ 2,288 s.f. or 38% print areas on a property m Zoning File 4^1858 September 10. 1993 Page 2 List of Exhibits A • Application B • Applicants Addendum C - Pn^rty Owners List D - Plat Map £ - Septic Map F - Weekman Memo G - Survey H - Section/Floor - Spacing Plan I - Front Elevations J • Covenant for Oversized Accessory Structures Dcscriptioii of Request The 60'x80’ indoor riding arena (pole bam) shall be insulted to the south of the other accessory structures. As required by code, the oversized accessory structure shall assume the setbacks of a principal structure and will well exceed the 100’ rear and 50* side setback (review Exhibit G). Based on the information received with the wall section, it would appear the maximum height to the high point of the gable roof wiU be 24’ and will meet the 30’ aUowed height and will not exceed the height of the two story principal st^nire. Sloping lopograpl^ of the south yard also help to minimize impact of the height in relation to the surrounding reskSential unit properties. The oversized accessory structure will exceed the allowed footprint area and with the of the riding arena the property will now exceed the aUowed area for total accessory structures on the 10-acre parcel. Refer to Section 10.03, Subdivision 9 (C-3), the accessory stnicture ordinance requires the owners to execute a covenant to be filed on the chain of title of the property whereby the owners agree to maintain property at its current area to support the oversized accessory strucrjre. If this property were to be subdivided in the future, it shall be the owners ’ responsibility to remove said structure. The other oversized accessory strucnire on the property, 36’x48’ horse stable, was installed prior to the oversized accessory structure ordinance and there is no covenant gv>veming the structure. Review Exhibit J, a sample of the covenant developed by City and used when oversized accessory structures are constructed on a property. ^____ ^ I' f - Zoning File #1858 September 10, 1993 Page 3 Please review Exhibit F, Weckman ’s memo, as already noted above, the City has never received any confirmation as to approximate location of drainfield. Septic tanks have been located to the south. Refer to Exhibits E and F, it is recommended that prior to construction of the new facility that the septic system be located so that appropriate protection can be taken before construction vehicles are allowed in the southern yard and to ensure that location of proposed building is not within the drainfield area. Statement of Hardship Refer to Exhibit A, applicants note difficulty of presenting hardships based on cotte standards. The new accessory strucnire ordinance would now prohibit indoor riding arenas in excess of 3,000 s.f. There are several indoor riding arenas within the City which were instiled prior to the current code. Structures of this type are a part of many of the horse operatkm along Watertown Road within the 5-acre zoning district. The covenant to be filed in the chain of title will protect the City ’s interest if property was to be considered for subdivision in the future. The structure would have to be removed or applicants or future owners would have to seek permission of the City if structure was to remain (variance application). Issues for Consideration What will the exterior color of the accessory structure be .' Will it be of the same beige color of the existing accessory structures in the south yard? Would special landscaping or plantings assist in minimizing impact of oversized accessory structure? 3.Can structure be reduced in area? ITiis structure shall be used by owners and will not be used as part of a typical boarding operation. Other issues raised by Planning Commission 4 !>*>' O Pr CITY OF ORONO - VARIANCE APPLI'^ATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-che-Fact Fees (Double application fee) >1 w a*W .‘W PROPERTY INFORMATION (.UATFIgrrr)j;)ij .Ql^ooo. (VI;J.Site Address , j a o r\i v. / i Property Identif. Number (P.I.D.) 3 ~ 1 ^ ■> CC. |( Attach legal descri *>tion to application if not included on required survey.. Date Property Acquire.^ _ _ _ _) / 3 \ (month/year) I (do)fdo-no? also own the adjacent parcels of land. Present uso of property: \/' residential other(specify) Zoning District:_ _ _ _ _ _ _ _ _ _ _ APPLICANT Phone (home ) ^ *7 • ^02-6. Name |l/ff\t^LA M/ 0FT?4 Phone (wor)c) Addresa:3(^^^ i/vJ ArTl^<in7rL/.JA>3 C^tl>City : (if different than applicant) (same) Phone (home) Name Phone (work) Address:City:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ XlU . CHTO Describe request in detail: CyO 'Ku^ DC<)(r^-. \>\rs\k)& At?.EO/V______________________________________________________ VARIANCES REQUIRED Lot Area Lot Width Hardcover /Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) UyU>SBIp/DISCRIPTIOH OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conjjitioy gA/ugA^.< 7^10/106, (5ui^ IMPr>ft&lE)<l=- > IJg A«ZJg 5CI£4 00^ C6MPCT|-TCrZ$> I KJ Me«?^C ) '? (attach additional sheets If necessary) REQUIRED SUBMITTALS All of the following inforaation aust be submitted by the application deadline data in ordar for yoor aDplication to be considered coaplete: . v/Completed Application Form •I ^Certified Property Owners List of owners within 150* (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3» </^lat Map (obtained with property owners list). 4» v/Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8>i**xll*' for Kc reproduction). 5^CJU<*^pographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8if''xll''). 6._^Sketches or plans of floor & elevation views (provide 1 copy 8*i"xll**). 7« — As an addendum to this applicationr please attach a sepai^te list of any other persons you wish notified of this application. 8« Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application, remember that yoat Tariance applicmtiom is not complete if Infmrmatiem has mot been incloded> Please APPLXCAET*8 8IGMAT0RB The applicant hereby agrees to provide all information required or requested by the Zoning Administrator# agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application# and certifies that the information supplied is true and correct to the l^est of his/her knowledge. llLl/AurApplicant's Signature ITa\ Date 0WRR8 8IGRATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the prc^>erty by City staff# consultants# agents# Commission members# and Council members for purposes of investiga­ tion and verificationthis request. Owner' s Signature i(/ * _ _ _ _ _Date ^^^4-93 Applicant must havev^ayi submittals into the City offices 25 days before the Planning Commission Meeting. Planning Cosunission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled rmriev meetings of the Flamming rnmmlesinn and Council. If an applicant is unable to attend a scheduled meeting# please make arrangements to have an authorised agent attend in your place and to advise the Building a Zoning Office of this change prior to the meeting. f 1 t. i. .■V'- ¥ t*__ #1 o rc Qrr.)0 August 26,1993 3685 Watertown Road Orono, Mn. 55359 Mrs. Jeanne Mabusth Building and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Variance Application Dear Mrs. Mabusth: 1 am writing to request that our application for a variance be expedited. As you arc aware, we have been planning this project for quite some time and taking steps toward its completion. After discussing this project with you in May we thought we could proceed without needing a variance. Unfortunately, 1 failed to clearly convey that this would be a covered riding arena. It was only after applying for our building peimit that we learned that we needed a variance and there would be a significant delay. Now that our plans have been finalized and we arc on the verge of breaking ground, we are anxious to complete this project before the winter sets in. As I mentioned on the application form, we are serious competitors in horse shows. Because of the extreme hazard of riding on ice and snow, both to horse and rider, and to extend our riding season, we strongly desire to build a covered riding arena. Wc would very much appreciate it if you could put our application on the earliest agenda for both the Planning Conunission and the City Council Meeting. 1 believe that our application is complete, if there is some hing missing, please let me know. Thank you very much. Sincerely, Marla Merideth •vM un Mrtf/nitifM M-U7-tf It 0Q0« MM« SnMft MV 10 S MBIOON 1 MMI CTALMPU PUIN Ml SSSSV W St«IM-tS M OOOA •OMO tlUNS MY m N ■ 0 A Mm«l V/ ,r<" •*•'= ■ ’-Ksv'y ■' 'jf' MAPU PUIN Ml SfSSf 3' M M-U»*tS M 0011 •MM MAVtiroMi 10 JOMI 1 A MMU HtnOtYN » » , '5 rSili Jl: i'v.- -' >' • I *■ to U-llMU AS OOOA tmO MATllTOMI to MiOON 1 MMI MIMN N MIMI AO SVyNO MV lOAO MMU KAIN Ml SnOV .V>. ' -/ii ♦ 1 • ;if- ' •’ *s,'> HENNEPIN COUNTY MOPE .TV IMTOIHATIOM SVSTEH PMOEITY OWCIS LIST REPOIT NO. PAGE PlASSAOlAOSO OS-117-tS 21 0002 0S7S0 MVSIOE ID JOMI OUMEl ETAL JOHN OUIGER S7S0 OAVSIOE ID LONG LAKE MN 50SSA SO S2-110>2S SI 0000 0S7A0 HATflTOMI 10 CATHAIINE A ClAN CATHAIINE A ClAN S7A0 NATEITOMI 10 HAPLE PLAIN Ml 5SSSVSO St-llO-tS SA OOOS 00020 STUOM DAY 10 N 1 OIINIEV A R TWUA OEMaS N RIUNP to NO ATUOOS MV 10 HAPLE PLAIN Ml OOSOO SA S2-llA-tS SA OOOA OOOSO AOOIESA UNASSIGNEO JOtM P DUNN JOHN f OUMI to S OlOMN 10 P O DON 77 LONG LAKE Ml OOSSA SO SS<110-2S SA OOlt •STAS NATEITOMI 10 NED L OUTTEIPIELO NED L MfTTElFIELO STAG NATEITOMI 10 HAPLE PUSH HN OOSOO SA St-llA-tS SA OOIA 00070 STUOOA MV 10 N 0 0 t R A N0LF7 GERALD A RATHLEEN NOLPP 70 S1U00S MV 10 N HAPLE PUIN Ml OOSSO TOTAL MTCN 010 00010 iJssK-sss sr.s5s.ssrs7T*JSJs JS?Hrssr ItF IHi HfWN»’^lM COUNTY ii^AIITNiNT OT WOPISTY TAXATION# TO THI MST or NT KHONtibcf AND MtXCF DAT!», 'Wj -I mHa/) # i1 - s‘rj|• r .*I;.- '* • . '.i I .1 ! ♦ > 7! . } ■ J-t p • ; 1. ••* ■.fM- ; ; ? ,r• V* ijlrj• '•r J * r\ M * '*^11/ / 4. • i Jl •c O I • f-i- - ;i?>v o 3 ... m:, ... ^ ( -*• 3^ -/V-• * t /,.?T) 'i -.'.5 A .'i ‘■'VO 'V i ^ ; 4 ■ ■ . .. • . :i‘Lv v» •t>V: • s, ? ¥ ■. A ■ *i '*S ' 1. ■ '*" ■- ’ ■'* 1 II u.-a i :r. .'■'•js . -1 ^ \ J 5 V.p- -0 . .. r j’- ■' n ' .................................' ■ k * " - *' ‘ ■ i'-V f •v ‘.• ■;. .; .ih»! •■'ii pM: !• 9. *'• ■ t V Y * • •'•*•. '■ itr• fS**)'.--: 5 ,•.••: ".c - * • ■'ji8T' 'i ■ ■ 4»*'% '• * ♦. 1 \ - wJ-*. • . - ^ .N ; vV ■Vf ,s .I,...V -.'f,? ■;4 V *’ • • ;v*\ *1 \ V V iNSPEcri .* , V' • ‘•'i {' j • • • :• •'.f' • * •• * M V%’■ ••ij■.:v: '9 t vlv ’*• *• v;-- ;• * •’ . / *- . — v • »-vr ••;.A: < " r V(. VV. 'I- * ;• Vi".';;.; ,yAi WT s .■ . •;.■,• •*.; ••: ... . •• ■V • tai:: illi; . .. .-j. .::.ij. ■ • • ?af ■.?. ‘ y->l s a /* • * .............................. INSPECTION RECORD PUMPOUT RECORD — I I DATE compliance iA>o St,<.<A'A</A.fc /OtfnX^ ^ DATE Si gallons -t * 3 so ^f/Tp "muLK iL^i^vcpv^ r \ LOCATION SKETCH -2. \ ■ O L_d r» I i I T ca I __ _ __ ! C CONTnUMINO s SUB5IANOAMU N f UNi.ONf ORMING 0!»Z TANAJ . «3 . TWS-^ BOAC^r^? I< elude 1) WelMocetion 21 Distinct from houit 10 septic tiokt. diet. boa« end d^iinfiold ^ 3) North if row end road *•; > • « • • • p To: flpom: Dale: Jeanne A. Mabusth, Building and Zoning Administrator Stephen Weekman, On-Site Systems Manager September !3, 1993 Subject: #1858 John and Marla Merideth - Septic Review The applicantt propose the constniction of a 60 ’ x 80’ pole barn which lies downsl^ of the septic tanks. As the septic system was installed without a permit, no information is available regarding the location of the drainfield. The drainfield location must be identified prior to the of the structure as the drainfield could be damaged as a result of the construction of the buUding. Also, City ordinance requires that homeowners demonstrate that their on-site system meets City codes and dtqioses of the entire sewage input generated by the property and to date, the tanks have been located, however, the drainfield location has never identified. I feel this is an appropriate time to request this information. It if recommended the City require the location of the drainfield area prior to the coimroction of the structure. The drainfield area must be fenced off prior to the issuance of a building permit for the pole barn I I . i - V ,,, I , • I'** ' i ‘ • • . . \* • ’' y I * V V. . ;■ f •.. * •/ * ' V'!*.• ‘ if' » • r ■* •’• • I' t \ • .S' . V . • ^ .) t • PRof ’o^o£D |-lc>f-SE *:irA5UZ^ . \‘i'* ' . -i • • •■ ■ • , • •: ; ■•; *-V^: : r- ■•. ■ • .-■ .;: •. V • r,:' - ^» • * • , i » • . . . . • -’'v 'f • •‘i 5 • • *' - *O .. V'«Vi j .• t . . •. • • ’ rr • • .• 1 D: A{<[|V' » ! , 1 '•' •■•, f * ^IV... •I’.r * s ' . Tv ‘•■•'I ' f f V' •■■. i ■ < I ■ \4 tfV- » . V * V - *V‘ . ’• * • • f ■ I ♦ * V — - - ^ so 00 — I . • ■», • .. y • •- * - i S 0.0 3 - )►- • i: { f I PEK|oVe., • EK|'bTHv|<^; ,^l ir^D » • J • 4.60 oc / V ^^f# hut L I ^ tfc- *♦ • ^ • . . % t .* * - ^ i u X' 92 9.92 m ^ •t# • 4« 2.99 ^ CITYOFORONO J< SaER.AN __ GRADI! .^CAPPROVED fen C om^cc . □ APPROVED WIT 11 REVISIOfi □ DlSAPPftOVED BY _4ii DATE vT- bZ V'-T: ^ *» 99*0 9 C9 W 9T9H s t***0 »f > » $ C «f >1,/ t .tr d. '> ^ r. 10 \/r .15' tiJ 1/J"..2 10 2" 3; J/?:'J9’-10 '/r „10. J,r=(T—;8*=0"~ P’-'O"" “~ ---------“• r-o"“I b Lt ^• ■ ■ t m m -m mm. ----------------------□--------------------1 12 ’x12’ SLIDER DOOR 12*xl2* SLIDER DOOR “cr NOTES: BUILDING IS 60‘x80*xl^’ 24" OVERHANG ON 2 SIDES & 1 END 24" EAVE LITE ON BOTH SIDES EXIS B TING DIN( FLOOR & POLF. SPACING PLAN SCALF.: 3/ID" = TRUSS LOADING A: DF.SIGN TO SPEC SHfpT 4” PURIINS ^JOT . LESS than 24" 0 C. \ ROOF STEEL V*4" nailer ~'-. 2>6" fascia ........ TPiM |27 i£ 28 24" SOFHT TRIM i»44 —------ 24" EAVE LITE • TRIM |29 BOTTOM TRIM 2"« 6" ’HEATED GRADEj , 3 PIT 2'.f. ciu lam THT ANCHOR . SYSTEM „ 4 . 14" PRECAST 'I CONC looting WALL SECTION SCALE V2 ”=r-0'‘ -i. f\-r~ « V ■m -s :^z-rr_*^r."TT •1*«* »»«. .. .. CITY OP ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE THIS COVENANT, made and entered into this 19 , by day of ref7r^;e''rtra"'’-A%"pirc^ municipal corporation (hereinafter referred to as the City ). WITNESSETH: WHEREAS, Applicants have made applicatio:i to che City for an accessory structure on property in Hennepir County, State of Minnesota, legally described as; (hereinafter referred to as "Subject Property")? and WHEREAS, City staff have reviewed Applicants application and have found that the structure requested is defined within Section 10.03, Subdivision 9 (C) of the Orono Municipal Code as an Oversized Accessory Structure ( OAS ); and WHEREAS, Applicants are aware that according to Section 10.03, Subdivision 9 (C)(3)(c), specific conditions exist for an allowable OASj and WHEREAS, Section 10.03, Subdivision 9 (C)(3)(c) allows issuance of a permit for construction of the subject OAS conditioned upon the execution of this Covenant and its filing in Applicant's chain of title? and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff as requested. parties with an interest in this property shall sign tus covenant . Page 1 of 4 ...... HOW« THEREFORE, PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. Applicants' reque*t for one (1) Oversized Accessory Structure ("OAS") on ►'e Subject Property is approved conditioned upon the execution of this Covenant by the City and the Applicants. 4U • The following conditions shall control the existence of the OAS: A) No future subdivision of the Subject Property will be approved that places the OAS within a lot that has no principal structure. B) Should Applicants wish to subdivide the Subject Property, th» OAS nay remain without a principal structure for a period to be determined by the Orono City Council. If no principal structure is fully constructed and completed on the property by the end of the determined period, the OAS must be removed. C) Should Applicants subdivide the Subject Property, the OAS and the principal structure shall be located within the same iot, which meets the minimum lot area requirement based upon the size of the accessory building, which lot area requirement is detailed in Section 10.03, Subdivision 9 (C)(2) of the Orono Municipal Code. SetbacJc requirements as defined in Section 10.03, Subdivision 9 (C)(a) shall also apply. 3. This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. 4. Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of this Covenant and to its terms, as shown by his/her/their signature(s) upon this document . Page 2 of 4 m CITY OF ORONO: By: Its Mayor By: Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) this The foreqoing instrument was acknowledged before me day of ' and the and of the City of Orono on behalf of the muncipal corporation Notary Public My Commission Expires APPLICANT(S); By: By: ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) this The foregoing instrument was acknowledged before me day of_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. li'_ _ _' ‘’If and (husband and wifo/sinyle/a Minnesota Corpotation) as their free act and deed/on behalf of the corporation. Notary Public My Commission Expires Page 3 of 4 FBB OWNER(S): By: By: r f ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) this The foregoing instrument was acknowledged before me day of_ _ , 19 , oy and (husband and wife/single/a Minnesota Corporation) as their free act and deed/on behalf of the corporation. Notary Puolic i ■ r My Commission Expires Page 4 of 4 To: From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse. City Administrator Jeanne A. Mabuslh, Building & Zoning Administrator September 23, 1993 % % / O' VA '^3? % % #1863 Robert Luesse. 3249 Casco Circle - Amended Variance Application - Resolution In December ot 1992 applicant received approval of multiple variances for improvements to the residence structure and a detached accessory structure on the lakeshore property. One of the conditions of that approval required that an updated survey be provided at the time of the application for a buildi^c permit. In reviewing the updated survey, it was noted that the setback was not 3’ as appro»eu m December of 1992 but 2 ’ 4". Applicant was given the opportunity to offset garage addition 8" to south. Applicant was concerned of the impact upon existing improvements if structure was moved 8" to the south. Luesse was advised ot the need to file an amended variance application. The updated survey also provided more accurate dimensions of the existing accessory structure. The original approved variance to allowed area tor an oversized accessory structure must also be amended with the current application. There is approximately 15 s.f. of additional area. Please review the enclosed Planning Commission packet for more in depth information on this review. The Planning Commission recommended unanimous approval of the amended variance application for Mr. Luesse. The enclosed resolution has been drafted per that ecommendation. iV A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (C) (2) AND SECTION 10.03, SUBDIVISION 14 (D) FILE NO. 1863 WHEREAS, Robert G. Lucsse (hereinafter "the applicant") is the owner of the property Unrated at 3249 Casco Circle within the City of Orono and legally described as follows: U)t 12, Spring Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has reapplied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) (2) and Section 10.03, Subdivision 14 (D) to permit the construction of a 22’ x 28’ gar«ge addition to an existing access >r>' structure located 2’ 4" from the north side lot line where a 30 ’ setback is required and a variance to the allowed area for an oversized accessory structure as accessory structure is p orjsed at 1,288.35 s.f. where only a 1,000 s.f. structure is allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1863. 2 The property is located in the LR-IC Lakeshore Residential Zoning District requiring one half acre or 21,780 s.f. in area. 'Fhc property consists of apprr’xiinatcly 15,893 s.l. 3.The Orono Planning Commission reviewed this application on September 20. 1993 and recommended approval of the amended variances based upon the following findings: A. I he proposed garage addition to the accessory structure shall kiot encroach further into the side yard than the existing structure. Page 1 of 5 4. D. C. The adjacent neighbor t- • the north side of the subject property has already approved an addition to the accessory structure as long as it extends no closer to the shared lot line than the existing accessory structure. On December 14. 1992, Council approved Resolution No. 3213 that granted approval of the following variances for improvements to this property: Section 10.03, Subdivision 14 (D) - Approved street setback variance for oversized accessory structure proposed at 19’ instead of required 30’. 2)Section 10.03, Subdivision 14 (C) - Proposed structural improvements resulted in the need for a lot coverage variance proposed at 2,604.5 s.f. or 16.3% where only 2,384 s.f. or 15% is allowed. 3)Section 10.22, Subdivision 1 - Average lakeshore setback variance approved for a lakeside addition that will encroach approximately 15’ in fron' of the average lakeshore setback line. Section 10.22, Subdivision 2 - Hardcover variances were approved within the 75-250 ’ setback area. Hardcover was proposed at 3,386 s.f. or 30.2% where only 2,800 s.f. or 25% is allowed. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other properly in this zoning district; that granting the variance would not adver.sel> affect traffic conditions, light, air nor pose a Tire 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 neces.sary to preserve a substantial property right of the applicant; and would fie in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 5. The City Council has considered this amended variance application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect ot the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 9 (C) (2) and Subdivision 14 (D) to permit construction of a 22’ x 28 ’ garage addition to an existing detached accessory structure, subject to the following conditions: 1 . Construction of the 22’ x 28 ’ garage addition shall be subject to all requirements of the Uniform Building Code and Fire Code. 2. All other conditions set forth in Re.>olution No. 3213 governing the improvements and new construction for this property are once again referenced and adopted tor this current renewal. 3. Authorities granted by this variance run with the property not with the applicamt, 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 (September 27. 1994). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted hereiand shall be punishable as a misdemeanor 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 L Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of September, 1993. ATFEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of September, 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 4 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public wiihinand for said county, personally appeared ________________________________ known to me to be the person(s) described in and who executed the foregoing instiument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notar>^ Ihjblic within and for said county, personally appeared________________________________ knoNMi 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 (thei.) free art and deed. NOTARY PUBLIC Page 5 of 5 To: From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabuslh, Building & Zoning Administrator September 7, 1993 #1863 Robert Luesse, 3249 Casco Circle - Amended Variance Application Public Hearing In Dec«:mber of 1992, the applicant received approval of multiple variances for a 15’ x 16 'h.' two-story lakeside addition, a 28’ x 22’ garage addition to the existing detached accessory structure and a 6’ x 8’ greenhouse addition at the southeast comer. Variances involved setbacks to the average lakeshore setback line, lot coverage, hardcover excesses in the 75-250 setback area and side and street setback variances for garage addition. The applicant was to remove an approximate 8 '/i’ x 24 ’ grade level deck to the north side of the principal smicmre and to replace with a 4 ’ x 12’ entry deck. One of the conditions of that approval required that an updated survey be provided locating all existing and proposed stmcnires confirming setbacks at the time the building permit application is filed. The updated survey confirmed that existing detached structure was not located 3’ from the side lot line but 2’ 4". An amended variance application has been required as applicant did not wish to offset addition 8’’ to the south of street side of detached siiucture. New dimensional information of existing structures will also require an adjustment in the final total of area for oversized accessory structure. The following ordinances are pertinent to this review: 1.Section 10.03, Subd. 9 (C) (2). Variance to allowed lot area for an oversized accessory structure. Allowed = 1,000 s.f. Approved with original variance application (#1775) Amended proposal = 1.288.35 s.f. Variance = 288.35 s.f. or 28.8% = 1,273 s.f 2. Section 10.03, Subd. 14 (D). Side setback variance for oversized accessory structure Required = 30 ’ Proposed with original application Proposed with ameikled proposal = Variance = 27’ 8" or 92.6% = 3’ 2’ 4" List of Exhlbll.s A - Application A-1- Applicant’s Addendum H - Plat .Map C - Property Owners List Zoning File #1863 September 7, 1993 Page 2 D - F - I* - G - H - Original Survey by Arleigli C. Smith Updated Survey by Coffin & Gronberg Resolution No. 3313 Approving Application #1775 Original Plan Plan Approved by Council at December 1992 Meeting Description of Request Applicant does not wish to adjust structure to the originally approved 3* setback and has filed an amended variance application. The facts for the area of the oversized structure have also been amended as noted above. Tlie structure will now be placed 2’ 4" from the side lot line. As structure will be located 3’ or less from the lot line, special fire wall construction will be required as with the original application. Applicant has received a building permit for the greenhouse addition at the southeast comer of the existing shed and that addition will now be 7.6’ X 5.8 ’ rather than 6’ x 8’ which was originally approved. For more detail on the variances approved with the original application review pages 1 and 2 of approval resolution. Exhibit F. Staff has not adjusted the hardcover facts per the original approval resolution, as entry addition at north side of residence is shown at 4 ’ x 5 ’ and not 4 ’ x 12’ as originally approved. This reduction in proposed hardcover will offset addition of 15.3 s.f. of oversized acce.ssory strucnire. Hardship Statement Please review Exhibit A-1 and the approval resolution. Exhibit F. Issues for Consideration 1. Will the additional 8" encroachment have any further impact on property owner to north side? Should we receive an updated response from property owner concerning amended proposal? 2. F.xclusive of architectural or aesthetic consideration, would the 8'" extension to south have an impact on otlier iinpri)vements excluding impact on trees as noted by applicant? 3. Other issues raised by Planning Commission. Any recommendation of approval must include notice to the owner, as in the original approval, that fire wall construction will be required along the north side of the addition as structure will be kKated 3’ or less from lot line. The original approval resolution did not provide a deadline for the removal of existing hardcover. Staff would recommend that the updated approval include the condition that hardcover removals be completed prior to the fitting inspection for the new construction of the accessory structure addition and lakeside addition. It should also be noted that the pitch of detached structure’s roof shall not exceed a 4'/i - 12 pitch. :/ '/ I CITY OP ORONO - VARIANCE APPLICATION'Jy^ Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION f f.1 ■. . Site Address 324*1 CASCO CIRCLE Property Identif. Number (P.I.D.) z-O-tn^_ _ _ _ _ Attach legal description to application if not included on required survey, /2. 5''^/tiN6r FARK Cate Property Acquired Sommck. /V ?‘3_ _ _(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: 'A residential _ _ _other(specify) Zoning District: LR.-IC SiMCue family LAkESHocc. APPLICANT Name Cr. Phone (home) ~ 9 2/^_ _ _ Phone (wor)c) Address:. 5tA^ CASCO C.IRCLB City:O^ONO Zip:^^3f/ OWNER (if different than applicant)Phone (home) Name Phone (wor)c) Address:City:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail:ATev/ff Sipti Y arp S^a-TSACk C iAKAAR -he> 2.^* To Match 3/pr y'ak .p oh jEk /^t/ha Accm^soar VARIANCES REQUIRED _ _ Lot Area Setbac)c: _ Lot Width _ _ Hardcover Front K Side _ _ Rear Lot Coverage Other (specify) Average LaJceshore \ BARDSHIP/DBSCRIPTIOH OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements: jestsc’asr 3‘ A qR HMU/ JBASRP OM C ompl/ahcr vwyrs yar £> wcul 0 rmsolt iy a 7 mch oaasmt alo ^ TAM. NORTH THe CARATS. WfLL ATTACH Tm THA________ ’/I f . (attach additional sheets if necessary) REQOIRRD SUBMITTALS All of the following information must be submittied by the application deadline date in order for your application to be considered complete; 1. ^ Completed Application Form 2. _ _Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. _Plat Map (obtained with property owners list). 4. X Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8%"xll'' for reproduction). 5. _ _Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8*j"xll"). 6. _S)cetches or plans of floor & elevation views (provide 1 copy 8*5**xll"). 7. _As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. _Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best o^ his/her )cnowledge. PAApplicant's Signature Date ONNBRS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga­ tion and verification of this request. Owner's Signature \f\ 6^^ _ _ _ _ Date / Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Coamd.8sion and Counci'l. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building * Zoning Office of this change prior to the meeting. . “S •V t • #■» ^ ^ o / A DC, ^ ® V X .*.' V .. Variance ApplicatJon r^ " / V------------- R. G. Luesse - 3249 Casco Circle The variance for a new garage, approved on December 14. 1992, contains the following finding: The proposed garage addition to the accessory structure shall not encroach further into the side yard than the existing structure at' My previous request, and your approval, was based on a property survey which showed the existing accessory structure to have a 3’ side yard. A new survey reveals that the accessory structure has a 2.4' side yard. To comply with a 3' side yard would result in a 7 inch offset along the north wall of the two buildings, and would cause the new garage and walk to be that much closer to mature plantings, including a 9 "Birch tree. Since I believe the variance approval intended to require that the side yard be the same as the existing accessory building, I hereby request the variance approval be revised to read: The proposed garage addition to the accessory structure shall not encroach further into the side yard than the existing structure at 2.4’. Copies of the original and new survey are enclosed for your review. Sincerely. R. G. Luesse RUN OATl 0V21/V4 BATCH 005 HEUlEPIfl COUrn-Y PROPERrY INFORMATION SYCTCM PROPERTY OinJtRS LIST REt’UHT rJO. PI«4iJ'*01 PACE 0*MOR AOOR ' OMCR NAME TAXRAYER NMC/AODR ^ SO 20-117-25 A2 0051 05A0A IVY PL 6 L MIUIREN • S L MULIREN GUY L MIUIREN SA0« IVY PL MAYZATA m 55591 PROP AOOR OIMER NANI TAXPAYER NAME/AOOR PROP AOOR ONNER NAME TAXPAYER NAHE/ADOR • * 4 . • • »r *• • ► *•“• m •> AV A • •\ ^ $ •• • • *■ A • •. - ■ i SO 20-117-25 95 0008 05299 CASCO CIR R G LUESSC ETAL ROOERT LUESSE CASCO POINT RO HAYZATA MN 55591 50 20-117-^ 95 0015 05255. CASCO CIR 0 H SPUSE^M.A P 0 OAVIO H SPILSE K, SPILSETM 5255 CASCO CIRCLE HAYZATA Itl 55591 33. 20-117-23 42 0015 3271 CASCO CIR PATRICK J NEUVILLE PATRICK J NEUVILLE 3271 CASCO CIR WAYZATA MN 55391 K 58 20-117-25 95 000605966 IVY PL E F CARNER ETAL E F GARNER 5966 IVY PL WAYZATA MN 55391 /38 20-117-23 93 000703251 CASCO CIR JOHN R DIEGRE ETAL JOHN R OlEGRE 3251 CASCO CIR WAYZATA riN 55391 38 20-117-23-93 0009 03297 CASCO CIR KURT CARLSON S WIFE KURT A LUCILLE CARLSON 3297 CASCO CIR HAYZATA MH 55591 58 20-117-23 93 0010 03293 CASCO CIR JAMES H RICHARDS A WIFE JAMES H RICHARDS 3295 CASCO CIRCLE WAYZATA r«l 55391 38 20-117-25 93 0051 00038 ADDRESS UTTASSIGNED THE CASCO CO THE CASCO COMPANY ROBERT 0 HACNIE 5135 CASCO CIR WAYZATA MN 55591 TOTAL BATCH 005 00008 t .r* X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCU*'ATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEriMEPIN C0CR4TY DEPARTMENT OF PROPERTY TAXATION, TO THE REST OF MV KNOHLEOGE AND BELIEF. C DATE a paKintNl ur Knurcm I i fa-^»9i , /!• 1^0 ( f f. r *Vn O (T; C O (1= o o Q ij i PbOMi CHMnwood 31352 OP PROPrarp or. dticnbt^ It roUowi; ARLEIGH C. SMITH Regiitartd ProiMsional Engin#«r and Land Sunrayor IIIll W«TMU aouUvMd Mlnii—Id PLAT OF SURVEY A..(jt |^ . <r<<r>-_____P T" r= / r f L ^.1 L n.v __xl !^ypaw-:— Sc«i«: I inciL K '• j - • / ■■tT «. ^ '* A* ^ - •V ‘J ctanricATt or locatiok or bouawo 1 h«rtRY cfrtifr I ni#M a lurvar of M fa iHf ioovo oaocnood ifid bmUiOi »• ___ll-XV I iacauoa of tM byiiAmg 1 Mirrtr tad tlwat iho lo co mo *• • bort*? cof ttfy tiidl cnmncATC or luarTt -iStf>>frX3. rtpwiaBiiliPft •nrroy. f u A•» . » M t *iU. / HENNEPIN COUNTY. MINNESOTA 1 ?: f» '■ r->f/ o % I .CHIP 1_I)<"script ion (from owner) , l.ot I, S{n ing IMik, also all that part of vacated Lake Shore Avenue and of the trat't of land lying between said vacated avenue and shore of lake which 1 if's b«'twcen tlu' «*asterly extetjsions of the northerly and southerly 1 pes of an! l.ot It*. - . . . This Sijivey r.howr; the location <jf all existing buildings and a proposed adtiilicm on the above describetl property. It does not purport to sliow any other 1 mpr ovem«>nts or encroaclinuMits . Iron marker found Iron marker set Arn\,m) lA N,, A»// CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3213 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 9 (C-2), SECTION 10.03, SUBDIVISION 14 (D), SECTION 10.03, SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISIONS 1 AND 2 FILE #1775 WHEREAS, Robert G. Luesse (hereinafter "the applicant") is the owner of the property located at 3249 Casco Circle within the City of Orono (hereinafter "City") and legally described as follows: Lot 12, Spring Parle, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied for the following variances to the Municipal Zoning Code to permit a 22’x26* addition to a detached accessory structure, a two story 15'xl6 1/2* addition to the lakeside of the existing residence and 6'x8' greenhouse addition to an existing accessory structure as follows: 1. Section 10.03, Subdivision 14 (D) - setback variances for oversized aciressory structure. Street setback is proposed at 19* instead of the required 30* and 3* from the side lot line where 30* is required. 2. Section 10.03, Subdivision 9 (C-2) ~ variance to allowed area for an oversized accessory structure. The applicant proposes a 1,273 s.f. accessory structure where only a 1,000 s.f. struct ire is allowed. Section 10.03, Subdivision 14 (C) - proposed structural improvements will require a lot coverage variance. Applicant pro >oses 2,604.5 s.f. or 16.3% where only 2,384 s.f. or 15% structural coverage is £.1 lowed. 4. Section 10.22, Subdivision 1 - an average lakeshore setback variance is required for a lakeside addition that will encroach approximately 15' in front of average lakeshore setback line. 3. Page 1 of 5 \\ \\ t'!P' 5. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3213_______ 1. 2. Section 10.22^ Subdivision 2 -- hardcover variance within the 75-250' setback area is required as hardcover is proposed at 3,386 s.f. or 30.2% where only 2,800 s.f. or 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, .iesota; FINDINGS This application was reviewed as Zoning File #1775. The proper^y is located in the LR-IC Lakeshore Residential Zoning District requiring a 1/2 acre or 21,780 s.f. in area. The property consists of approximately 15,893 s.f. The Orono Planning Commission reviewed this application on October 19, 1992 and November 16, 1992 and recommended approval of the proposed variances as amended based upon the following findings: a) The proposed garage addition to the accessory structure shall not encroach further into the side yard than the existing structure at 3'. 3. 4. b) c) There is no adjacent land available to acquire. The location of the garage structure in the street yard, proposed 19' from street lot line, is consistent with other detached garages within immediate Casco Circle neighborhood. d) The two story lakeside addition will be placed 5' further into average lakeshore setback area as an existing roofed second floor porch structure is located 10* beyond average lakeshore setback line. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to Page 2 of 5 fo\ o CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3213_ _ _ _ _ _ preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commissionr reports by City staff# comments by the applicant and the effect of the proposed variances 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 variances to the Municipal .loning Code Sections noted above that would permit the construction of a 28'x22' garage and 6'x8* greenhouse additions to detached accessory structure referenced as workshop and a two story 15'xl6 1/2' lakeside addition to the principal residence# subject to the following conditions; 1. Upon application for a building permit# applicant shall provide an updated survey locating all existing structures and proposed structures on property. 2. Applicant shall remove an 8 l/2'x24' grade level deck to the north side of the principal structure and replace with a 4'xl2* grade level deck. 3. All new construction shall be subject to requirements of uniform building code and fire code. 4. The new roof to be installed over workshop/garage structure shall be constructed so as not to exceed a 4 1/2 to 12 pitch. 5. Authorities granted by this variance run with the property not with the applicant# but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval# or this variance will expire on that date (December 14# 1993). Page 3 of 5 o\ &CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3213 _ _ _ 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code/ shall automatically terminate any authority granted herein/ and shall be punishable as a misdemeanor. 7. The undersigned applicant has read/ understood and hereby agrees to the terms of this resolution and on behalf of himself/ his heirs/ successors and assigns/ hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 14th day of December/ 1^92. ATT] T: lorOthy _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ allin,'City Clerk Barbara A. Peterson/ Mayor Property Owner(s){j STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of December/ 1992, by Barbara A. Petersen & 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. CAItOUE A. HASaMM NOTAfiy RiWJB yfgOTA HENNEPIN COUNTY V - - - - -1 %‘Z^m Notary Public / Pace 4 of 5 ^ • m CITYof ORONO ^// K< RESOLUTION OF THE CITY COUNCIL NO. 3213________ STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEFIN ) On this _____^0__________ day of Cf a uar u------------------------f before me a Notary Public within and for saa/d county, personally appeared Roh^r¥ ^ Al a r <jaai. cia r\uutrf \ v-* ^ ^ ^^ « * // ■ ■■■•— -------^—-——— known to me to be the person(s) described in and who executed the foregoing instrument:, and acknowledged that he (they) executed the same as his (their) free act and deed. L!t4DA S. VEE notary public - MINNESOTA HENNEPIN COUNTY My comfT.isslon expire? tM2-96 IP. NOTARY PUBLIJ 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 Page 5 of 5 y 4 t • ft w 4 t • -»o^ u t . * • '* d 1* /.. N--- H 140 *^■¥11 /U- )■< ‘. BS * SB BfMtl "l4y»SlinM nO>|lllO*> s^oisom i 3 V4a ; {>•- 6 > O o r « BO 1 i " i •*c -e- « N A ______i N 1|4*o o6 S^ootl M 1 lOH «r « ^1 , ^ ---------^ ■ D^ 0i9 vk ^ Hid fHO^g 4^J2JL % %J ^ V 1 <* «f o o#n «% ttrm04 S S4 5i ISflOW ^ 1 U N MV 1 9 •i^lV4 I SA H 169V^> '•M»©H Mtato H MV 1 • 14 ♦ ^ • tii«a kv«v»% MT*M 9 ^ iO&'B >MN • •» ■ *»»y aoM<; O ik S 16 t" ~i tv ><1»N e ^4 TisnoH 1B a I <1 "TO*------4 ^ V ar>> I j O D y s pC To: From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmernbers Ron Moorsc, City Administrator \ y % % ^Jeanne A. Mabuslh, Building & Zoning Administrator September 24, 1993 % % ^1864 Irwin Jacobs, 1700 Shoreline Drive - Conditional Use Permit/Variances Resolution Brief Review of Application The current conditional use permit application involved a request to construct a new caretaker residence located to the northeast of the property (I^ot 2, Block 1, Millston). The existing caretaker residence is located 50 ’ from Tanager Lake, a recreational development lake, that requires a 100 ’ setback for all structures. The new structure is located 100 ’ from the shoreline with a grade level patio installed within the 75-100 ’ setback area. The existing residence is located 50 ’ from the shoreline. There is adequate area based on the 24 acres of dry buildable land to support the fourth residential unit. Lot 2 of the Millston subdivision was legally combined with Mr. Jacobs’ homestead as a condition of an earlier variance approval. The subject property could be divided off once again to create a new residential lot with the subject structure. All pertinent standards of tlie conditional use permit for caretaker/guest house use have been satisfied. As the residence is considered an oversized accessor)' struemre, it is necessary to once again review the need for variances to the total area allowed for oversized accessory structures on a given property and to reapprove the fact that six oversized accessory structures exist on the property where only one is allowed. Note that the existing caretaker structure is at 1,437.8 s.f. and the new structure will ’oe at 1,088 s.f. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the conditional use permit and variances to allow tlie installation of a new caretaker residence for the property located at I7(X) Shoreline Drive, .subject t(' the following conditions: 1 . Applicant shall be responsible for providing septic testing for both a principal and alternate septic treatment area to serve the new residence. 2. Caretaker residence must never In: used for rental purposes while the parcel remains legally combined with the larger homestead parcel. Please review the enclosed Planning Commission packet for more detail on this review. The enclosed approval resolution has been drafted per the Planning Commission recommendation. Access to the property was an issue for certain Planning Commission members as it proved difficult to achieve access via the main gates to the estate. Secondar) access can be achieved via Millston Road just to the east of the Jacobs driveway. Isv A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 3 AND VARIANCES TO SECTION 10.03, SUBDIVISION 9 (C) FILE NO. 1864 WHEREAS, Irwin Jacobs (hereinafter the "applicant") is the owner of the property located at 17(X) Shoreline Drive within the City of Orono (hereinafter "City") and legally described as: refer to Exhibit A (hereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono per Section 10.27, Subdivision 3 seeking approval of a conditional use permit to construct a caretaker residence that will replace an existing caretaker residence and variances to Section 10.03, Subdivision 9 (C) as structure is an oversized accessory structure at 1,088 s.f. and will result in a total of six oversized accessory structures on the property where only one is allowed and where currently six exist and a variance to the allowed total area of accessory structures on a property proposed at 10,633 s.f. where only 6,000 s.f. in area is allowed and where 10,982.8 s.f. exist. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 2. 3. This application was reviewed as Zoning File ^1864. The property is ItKated in the LR-IA I.akeshore Residential Zoning District rc(]uiring twi) acres in area. The property consists ot a total of 33 acres w’ith 24 acres of dry buildable. ITie Orono Planning Commission reviewed this application on September 20, 1993 and recommended approval of the conditional use permit per Section 10.27, Paee 1 of 5 c. Subdivision 3 and the proposed variances to Section 10.30, Subdivision 9 (C). based on the following findings and hardships: a. Total area of the property equals 33 acres with 24 acres of dry buildable land. Based on 2-acre dry contiguous minimum area for a residential unit with the zoning district, the property at 24 acres of dry buildable well exceeds the area requirement for four residential units (principal strucmre, guest house and two caretaker units). b. In an earlier variance review involving the property, the issue of oversized accessory structures was addressed and appropriate covenants were filed against the Chain of Title of the property for the three non-habitable oversized accessory structures (1,414 s.f. detached garage, 2,604 s.f. greenhouse, 1,081 s.f. detached garage). The current accessory structure ordinance does not provide standards for an estate use. The use is unique and requires special consideration. The caretaker house will be installed on a former 2.7 acre parcel that could be divided from homestead property meeting all current zoning Standards. Tlie new residence meets the required 100’ structural setback from Tanager Lake, a recreational development lake. The existing structure is located 50’ from the shoreline. Hardcover within the 75-250’ setback area exists at 6,090 s.f. or 2.72% and is proposed at 5,619 s.l. or 2.52%. The removal of the existing caretaker house and the ccmstruction of the new at 1,088 s.f. results in a total reduction of accessory structure area of 349.8 s.f or 5.8%. The Council finds that the conditions existing on this property arc 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 d. e. f. 8- Page 2 of 5 5. fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property nght of the applicant; and would be ih keeping with the spirit and intent of :he Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional use permit to allow the construction of a guest house on the property wilt not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to allow six oversized accessory structures on the property where <inly one is allowed and to approve a variance to the allowed total area of accessory structures on I'.e property of 4,633 s.f. or 77% (allowed 6,0(X); proposed 10,633 s.f.) and grants a conditional use permit per Municipal Zoning Code Section 10.27, Subdivision 3 for construction of a guest house, subject to the following conditions: 1 3. Applicant shall be responsible for providing septic testing tor both principal and alternate .septic treatment areas to serve the new residence. Applicant is further advised that the caretaker unit can never be used for rental purposes while the 2.7 acre parcel remains Icgahy combined with the larger hrrmestead parcel. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application tor a building permit within one year of tiie date of CourK'il approval, or the special conditions of this resolution will expire on that date (September 27. 1994). Page 3 of 5 41 Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this rc.‘^olution in the chain of title of the property. Adopted by the Orono City Council on this 27ih day of September, 1993 ATTKST Dorothy M. Hall in. City Clerk Edward J. Callahan, Jr., Mayor Property Owncr(s) STATE OF MINNESOTA ) ) COUNTY or HENNEPIN ) ss. riic forcgv.)ing instiuincnt was acknowledged before me t>n ihis 27th day ol September, 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. Notar>’ Public Page 4 of 5 STAl’l- OF MINNFSOTA ) ) COUNTY OF HENNEPIN ) ss. , 199___, before me a Notary PublicOn this___________day of ____________________ within and for said County, personally appeared _____________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this day of ss. . 199___. before me a Notary Public within and for said County, personally appeared ____________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 EXHIBIT A That cart of Government Lots 1 and 2 in Section 10, in Township 117 of Range 23 which is described as follows, to wit: Beginning at a point 6 chains west of the meander post in the southeast corner of said Lot 2 in said Section 10; the thence running north 20 chains more or less, to the shore of Round Lake, so-called; thence along and around the westerly and northerly shore of said Lake to the meander corner in the north shore of laid Lake and between Section 10 and 11 in said Township and Range; thence north on the section line between said Section 10 and 11 to the southerly line of the right-of-way of the Minnetonka Branch of the Great Northern Railway thence south- Ues^rffalonrsaid southerly line ot point of the intersection of said southerly ?ight-of-way with the west line of said Lot 1; thence turning and running in a straight line in a southeasterly direction 654.8 feet, more or less to a point which is 236.8 feet east of the west line of said Lot 2 and at the same time 304 the north line of said Lot 2; thence, south on a line parallel with and distant 236.8 feet east from the '^est of Lake 2, 1,016 feet more or less, to the north shore of ^ Minnetonka; thence easterly along the said shore of said Lake Minnetonka to the place of beginning, according to the government survey thereof; and Lot 2, Block 1, Millston, all in Hennepin County, Minnesota. L TO:Planning Commission Membeis Ron Moorsc. Citv Administrator FROM:Jeanne A. Mabusth, Building & Zoning Administrator DATE:September 15, 1993 SUB.FECT: #1864 Ir\\ in Jacobs, 1700 Shoreline Drive - Conditional Use Permit/Variances Public Hearing Zoning District LR-IA - Area Total acreage = 33 acres (24 acres dry) In October of 1990, applicant applied for a conditional use permit for a new guest house, refer to Exhibit H. The application also involved a variance as guest house was over 1,000 s.f. and considered an accessory structure requiring variance approval for both having more than one oversized accessory structure and a variance to :he total allowed area for accessory structures on a property with 9+ acres. In December of 1990, applicant applied once again for a variance application to allow construction of a greenhouse on an adjacent contiguous property at 2.7 acres aiso owned by applicant. The greenhou.se was 2,604 s.f. in area Variances involved the addition of two oversized accessory structures as property also contained a 1,414 s.f. detached garage. Variances were again approved. The condition of that approval required that the 2.7 acre parcel be combined with Mr. Jacobs ’ homestead parcel to west. The current application involves a conditional use permit for a new caretaker residence to replace an older caretaker residence on the original 2.7 acre parcel. The applications also deal with variances to the allowed number of oversized accessory structures for a property now at a total of six and also to the allowed total area for accessory struemres on a given property. The following ordinances are pertinent to this review: Section 10,27, Subdivision 3 - Conditional use permi' is required for guest/caret^ker house. Existing 1,437.8 s.f. structure is to be removed and replaced with a 1,088 s.f. caretaker house. Section 10.03 - Definiliors 1. Accessory use structure. Subordinate to and serv ing the principal use or structure on the same lot and customarilv incidental thereto. 28.Guesthouse. An accessor y^ separate dwelling constructed on an existing undivided lot for the sole use of the occupants, including their domestic employees or their nonpaying guests, other primary dwelling. All regular lot requirements shall be met bv the aucsthouse . Zoning I’ilc ^1864 September 15. 1993 Page 2 73. Use conditional. Those . . . uses specifically designated in each zoning use district, which for their respective conduct, exercise, performance in such designated use districts may require reasonable but special, peculiar, unusual or extraordinary limitations, facilities, regulations in such use district for the promotion of or preservation of the general public welfare, health or safety therein, and in this city and therefore maybe permitted in such use district only by a conditional use permit, which is designed to meet the problem that arises with certain uses, although generally compatible with the basic use classification of a particular zone, should not be permitted to be located at a matter of right in every area included within the zone because of hazards inherent in the use itself or special problems which its proposed location may represent. 75. Use principal. The main use of land or buildings as distinguished from subordinate or accessory' uses. A principal use may be either permitted or conditional. Section 10.03, Subdivision 9 (B) - Accessory buildings height restrictions. No accessory building in the R District shall exceed the height of the principal building, nor shall an accessory building exceed 30’ in height. Section 10.03, Subdivision 9 (C) - Area restrictions. In all R Districts no accessory buildings shall exceed 1,000 s.f. of footprint area except that accessory struemres in excess of 1,000 s.f. will be allowed under the following conditions: A.Not more than one oversized accessory structure shall be permitted on any property. An oversized accessory structure is defined as an accessory structure of footprint area in excess of 1,000 s.f. Six oversized accessory structures exist on the property and on proposed to remain at six under the current application as follows: 1,414 s.f. detached garage 2,604 s.f. grecnhou.se (approved 12/90) 637 s.f. shed 216 s.f. kennel 1,081 s.f. detached garage 1,844 s.f. caretaker house 1,749 s.f. guesthou.se (approved 10/90) 1,088 s.f. caretaker house propt'sed in current application (existing 1,437.8 s.f.) Zoning File /^1864 September 15, 1993 Page 3 B. m Oversized accessory structures are regulated by the following table Lot area - 9 acres or more. Maximum allowed footprint - 3,000 Total area of accessory structures on a property - 6,' Allowed = 6,000 s.f. Existing = 10,982.8 s.f. Proposed = 10,633 s.f. Variance = 4,633 s.f. or 77% Reduction of 349.8 s.f. or 5.8% Section 10.56, Subdivision 16 (C) 1.Tanager Lake is considered a Recreational Development lake requiring a 100’ setback for all structures Required = 100’ Existing = 50’ Proposed = 100 No structural variance required Note: grade level patio is located 90’ from lakeshore within the 75-100’ setback area. Hardcover improvements are allowed as long as they are not structural. Grade level patio is allowed at 90’. Section 10.22, Subdivision 2 75 250’ setback area = 224,000 s.f. Existing = 6,090 s.f. or 2.72% Proposed = 5,649 s.f. or 2.52% LIST OF EXHIBITS A - Application B - Pl.n Map C - Property Owners List D - Hardcover Fact Sheets 75-250’ Setback Area H - Weekman Memo F - Resolution #2897 - Application #1598 G - Resolution #2907 - Application #1603 H - Survey of Guesthouse for Application #1598 I - FUx)r Plans J - Elevations K - Survey Zoning File ^1864 September 15, 1993 Page 4 Description of Request The applicant proposes the complete reconstruction of a new caretaker residence to replace existing structure built in the ’40s originally as a lakeshorc cabin. Structure is located approximately 50 ’ from the shoreline. The new structure will be located 100’. Note grade level patio is allowed within 75-100 ’ of the shoreline of Tanager Lake. 24 acres of dry buildable area will .support four residential units on property (zoning district requiring a minimum of 2 acres per one residential unit). Footprint of the new caretaker unit is reduced by 350 s.f. Access to this property can be gained from Millston Road just to the east of the Jacob’s driveway. Access can also be gained from the Jacob’s property at the most northern garage. Review Fxhibit F, Weekman notes that the existing septic system that serves the residence is very old and there is no record of a permit ever being issued for the installation of the system. It will be necessary to provide new septic testing for both principal and alternate sites upon application for the building permit. There will be a reduction of some 360 s.f. of total accessory structures on the property with the construction of the new caretaker house. Although there is a reduction, it will be necessary to address new variances as we are dealing with new construction. Issues for Consideration 1, The ordinance dealing with oversized accessory structures does not consider or address special needs of an estate use. Should there be limits on the number of oversized accessory structures? Note that the conditional use permit for guesthouse or caretaker use requires that structures be located so that appropriate area and setbacks are met to satisfy standards of zoning district in case of future subdivision. Other nonhabital accessory structures are controlled by the specific covenants set forth in the code in the case of future subdivision. 2. Other issues raised by Planning Commission. Planning Commission Members may refer to the former approval resolutions for the statement of hardship and unique findings. Tlie folUwing conditions are recommended by staff: 1.Applicant shall be responsible for providing septic testing for a principal and alternate septic treatment area to serve the new residence. As with all conditional use permits dealing with guesthouse or caretaker u.se. your appn>val must include the disclaimer that the unit can never be used for rental purposes while the parcel is still legally combined with the larger homestead parcel. ch p' /6u-> y CITY OF OROiJO - GENEiUVL LAUD USE APPLICATION PROPERTY LOCATION Site Address HoO /inc^ Priv ^ O J p( ' Vv '■ r* I''• i 'X -. y_ _ _ I-rcperty Identification Number (P.I.D.) /g»-//7 - »^-3 -^'/y {>€>/•/_ Please attach legal description to application if not included on required survey. APPLICANT Name n r\ Phone (home)^7S’ Si> h/jm c. S X Phone (wor)c) Address /L c Fk\p^.City mka Zip 3o^ OWNER (if different Name than applicant) Jac.»hA Phone Phone (home) A 37-/ Address ///»«.City Oranf, Zip Date Property Acquired /?7L3 _ _ _ _ _ _ _ _ _ _ _ _ \iuw**u I (d^ (do not) also own the adjacent parcels of land FEES - CONDITIONAL USE PERMITS - _ _ _ _ $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use _ _ _ _ $175.00 Institutional (church, school, etc.) / $150.00 Guest House/Guest Apartments (jC^nre^ _ _ _ _ $150.00 Duplex Credit/Bldg _ _ _ _ $250.00 Comxnercial/Industrial Use _ _ _ _ $200.00 Land Alteration _ _ _ Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more^^ ^ ^ ^___^ Grading, seawall, retaining walls within 75’ of lakeshore (month/year) PRD/PID ~ see fee schedule Renewal Fee - $100.00 (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS$200.00 Cootmercial Site Plan Review (+ conaultant rees; $250.00 Vacation ' $175.00 Easement Vacation ”” $ 75.00 Easement Vacation With , $300.00 Rezoning (PUD - refer to fee schedule) $300.00 Comprehensive Plan Amendment ' $100.00 Appeals Other - see fee schedule PfLESENT USE OF FROPEHTY Present Zoning District I- Rk Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Describe request in detail: rC fr ic/c rtc. a n of r c rY) o ^ ItJ ^4r tJ<.4 n - '^^QDIRED SUBMITTALS 1. Completed Application Form. Property Owners List of owners within 350' (you can obtad this list from Hennepin County Department of Finance A-603 Governmer Center 348-3271). 3. Plat Map. 4. Certificate of survey (signed by a licensed surveyor). 5. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR ____SMALLER) FOR ALL DOCUMENTS SUBMITTED. O^ner must sign this appllcatlonr”VlMje application is not complete if the above information hasnot been included. Department that Land Use Application is complete. Initials of Clerical Staff: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff <original fee payment) and/or unusual expe.ises Incurred in review of this application, and certifies that the information supplied is true and correct to the^st of his,^er Jcnowledge. Applicant's signature _ 7 ^. Date - g3 OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further ' authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. ^_ _ _ _ _ _ _ __ Date B -Sc - _ _ _ _ _ Applicant must have all submittals into the City offices 25 days before the Commission Meeting. Planning Commission Meetings are held on the Applicants must be present-at all-scheduled Commission and Council. If an applicant Is ® meeting, please nuUce arrangements to have an J your place and advise the Building « ZoningOffice of this change prior to the meeting. • • . (I) ^=■-n-TV'7^•2>•TT^■ .^l.» X A>-' x' >y .*•. V \ \ N> \ / / X (M \ /\ *5 _v \|ifc.t ■K. t-n \ / * 7 ;»•• y (?l) J * (ij)t •S:_ *7r 3BO' tMJO k JC > V •f C >J •*H 0 : (3) \> X Ml ft** IJ cOI A i^r I «I* S |o-x M ilL 1 0 % » » ••------------nr!7----------------- rZuHsST Ne-v»rr^^'^' 1^ t-r»*•• tF nr Til 1 *•11*1;^' '*'1 .. ft 1 *' *ti «r V*V i-»i.l U)•»nn I MM DATC 0S/1S/9S)HEWEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OMERS LISTBATCH OOS' PMB AOOR i OMH NANI < TAXHAYM NANI/AOM sa 10-117-25 11 0001OOOSa ADDRESS UNASSlGr4EDSUAD N AZHARISUAD N AZHARI17A5 FOX STHAYZATA HN 55591L 4 > ■0004 s a:;^ qiMR KAMI ^7 tAKRAYIR V NAK/AODR '■. ‘t.it' ■ -i 50 10-117-25 12 00940 ORONN RD A i C JOHNSTON ALEXANDER/CATHERINE JOHHSTOfI 940 OROFN RO S HAYZATA HN 555>*1 'I NANI -V (‘TAMBAYCH I v ;|>|MM|/A00|| ' 'A'. 'Vf Kv' MOP AOOH 50 10-117-25 15 0009 0102S HERITAGE LA N J JOHNSON A N L JOHNSON HARR R JOHNSON I0» HERITAGE LN HAYZATA HN 55591 OMCR NAME ?rTAMAYIR ^ Nim/AOOR SA 10-117-25 lA OOOA 01125 HILLSTON RO R P AURMELL ABE BURNELL ROONEY P AURNELL 7901 XERXES AVE S HPtS Nl 55A51 ^ PMP AOOH ONNIR NAHi TAHPAYIR NANE/AOM#< L % Si 10-117-25 14 0010 OilOO HILLSTON RO n P aURHELL A E E BURHEIL ROONEY P aURNELL 7901 XERXES AVE S 0201 MPLS HN 55451 I ;.v V Pinp MOR .j:'|'OWCB NANI * TAXPAYIR ^ NAME/AOAR •* sa 10-117-25 14 0014 01700 SNORELINt DR IRNIN L JACOBS IT AL IRMXN L JACOBS 1700 SHORELINE DR HAYZATA m 55591 58 10-117-25 11 000200058 ADDRESS IR4ASSIGNED MCLEOD CNTY REG RAIL AUTM DAKOTA RAIL INC 25 ADAMS ST N HUTCHINSON MT4 55550 58 10-117-25 12 0005 01005 HERITAGE LA D A A BEAL DAVID J BEAL 1005 HERITAGE LA HAYZATA MN 55591 58 10-117-25 14 0005 01760 SHORELINE DR DAVID H HINTON DAVID H HINTON 4422 IDS CENTER 80 S BTH ST MPLS MN 55402 58 10-117-25 14 0008 01050 MILlST0r4 RD R P BURNELL ABE BURNELL RODNEY P BURNELL 7901 XERXES AVE S §201 flPLS MN 55451 58 10-117-25 14 0011 01100 HILLSTON RO R P BURNELL ABE BURNELL ROONEY P BURNELL 7901 XERXES AVE S MPLS M4 55451 58 10-117-25 41 0002 00056 ADDRESS UNASSIGt^D FOXHILL ASSN FOXHILL ASSN 1160 HERITAGE LA NAYZATA MN 55591 REPORT m. PI455401 PAGE 1030 10-117-25 12 000500950 BR0lt4 RO S GARY D FRETHEIM ETAL GARY D FRETHEIM 950 BROWN ROAD NAYZATA MN 55591 30 10-117-25 15 0007 01000 HERITAGE LA DAVID H NINTON DAVID M NINTON 4422 IDS CENTER 00 S 6TH ST MPLS HN 55402 30 10-117-23 14 0005 01000 HERITAGE LA W GUSTAFSON A L GUSTAFSON WAYNE A LINDA GUSTAFSON 1000 HERITAGE LA NAYZATA MT4 55391 ■.n 58 10-117-25 1<4 0009 01000 HILLSTON RD R P BURNELL ABE BURHEIL ROONEY P BURNELL 7901 XERXES AVE S 9201 MPLS MN 55951 » -JVli \3 1 i 58 10-117-25 19 0012 00058 ADDRESS UNASSIGNED R P BURNELL ABE BURNELL RODNEY P BURNELL 7901 XERXES AVE S fZOl MPLS IM 55951 ^ ! 30 10-117-2i 42 0001 01190 HERITAGE LA OFIEN A PARR OWEN A PARR 1190 HERRITACE LANE NAYZATA HT4 55591 '} un 0S/1S/9SAOM om«a nanc tampayirNMI/AOM *A^.1> »■«'#; 1-ft t /if uy ^V' i.;. K i** • -ih 3 ; ^ 3^v f svsren REPORT NO. PIAS5401 rage U .total OATCH 005 00018 M«tS(«»TIOM 0?*W0»B*rioN'«|’T5".reLS «» tHW ii«tE z-nii IV ‘St u . \ w . I * •; d % 'f^ •"‘W •V_' I i XrWuJ 7hOa^HARDCOVER CALCUUTION WORKSHEET DSETBACK ZONE: (CIRCLE ONE) 0-75' [75-250'J 250-500' 500-1000'Existing Hardcover in Zone 7?fPAC(»A, House ScLENGTH//.S B. Garage _ <^C.4t0CU c. Driveway C4CK St(£P^ D. Sidewalk _^ E. Patio/ Deck F.Landscape areas underlain BY . . PLASTIC SHEETING Ci,0 ^i,4C HTbe ZBT.\^aujs G. O ther ___ _ V , Total Hardcover in Zone Total Property Area in Zone B'Soo 3Z 3^ 'S.F.' 34-^3^i ica^ S.F, S.F. ft • ft . « S.F. . • S.F. 99c S.F. S.F.SIB S.F.270^ 97rsp S.F. 4A/P 9a S.F. S.F. S.F. • •* » •«* S.F. 1 S.F.54S S.F. ♦ t4- S/Fr U] " S.F.s if09o B 5^^ % 100 - S»TZ. ?o ‘ '• z*€z " N To: From: Date: Subject: Jeanne A. Mabuslh, Building and Zoning Administrator Stephen Weekman. (Jn Site Systems Manager September 13, 1993 #1864 Mr. and Mrs. Irwin Jacobs - Septic Review The applicants propo.se the removal of the house it 1075 Millston Road and replacing it with a new residence. The septic system for the existing residence was installed many years ago without a permit and therefore very little is known about the .septic system. The septic system must be considered code-conforming in order to be reused for the new residence according to the requiremen»s of the shoreland regulations. As this will be a new residence, both primary and alternate drainfield sips must be designated prior to the issuance of a building permit. ThercR)re, soil testing mu.i be completed for an alternate drainfield site as well as confirm that the existing system meets all current codes or a primary site must also be located. Isv 1 “ CJTV» I OF [ ORawa City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2397 _________ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03r SUBDIVISION 9(C)(1) AND GRANTING A CONDITIONAL USB PERMIT PER SECTION 10.27, SUBDIVISION 3 PILE #1598 WHEREAS, Irwin L. Jacobs (hereinafter "the applicant ) is the owner of the property located at 1700 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A attached, (hereinafter "the property"); and WHEPEAS, the applicant has made application to the City of Orono to permit construction of a guest house at 1,749 square feet ptr Section 10.27, Subdivision 3 and a f lO.OsT Subdivision 9(C)(1) as the guest house, considered oversized accessory structure exceeding 1,000 square feet in area, would be the third oversized accessory structure on t property where only one is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS n ± •This application was lev-iewed as Zoning File #1598 2. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District requiring 2 acres in area. 3. The property is approximately 31 acres in area, 22 of which are considered dry buildable. 3. The Orono Planning Commission on October 15, 19 90 and recommended approval ^ . variances and conditional use permit, based on the following findings and hardships: A) The new guest house structure will replace an existing guest house structure. Page 1 of 4 k City of OFIOIVO CIT>r ; OF lORONa RESOLUTION OF THE CITY COUNCIL NO. 2897_________ B) The property contains 22 plus acres of dry buildable land and can easily satisify the area needs of the guest house, existing principal structure and existing caretaker residence (2 acres per each residence equals 6 acres; 6 - 22 = 16 acres for credit of accessory structures). C) Septic testing has confirmed suitable and adequate soils for a conventional system. D) All appropriate lot standards for the LR-IA zoning district "have been satisified with conditional use permit proposal for guest house. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hr.uship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to the guest house will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by applicant's representative and the effect of the propose use on the health, safety and welfare of the community. Page 2 of 4 1 CiFV» □F QRONa City of ORONO RESOLUTION OF THE CITY COUNCIL NO.897 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 10.03, Subdivision 9(C)(1) and a conditional use permit per Section 10.27 Subdivision 3 that would allow a guest house, considered an oversized accessory structure, on a property that already contains two oversized accessory structures where onlv one is allowed. This approval is subject to the following conditions : 1. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit for the guest house within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (October 22, 1991). 2. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title cf the property. arv^ OF ORONa City of ORONO RESOLUTION OF THE CITY COUNCIL NO. -8^^_________ ss. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of October, 1990, by James R. Grabek & 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. THERESA L. NAAB NorARv pueuo • minneso 'a HENNEPIN COUNTY My ooffim»Mlon •xpi'M M-92 STATE OF i-IINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of Cy 199C' before me a Notary Public within and for said county, personally appeared IZ~r"n J"xc.aCIL/Uw^aJL CrU ——t————t———’ ~known to me to be the person(s) described in and who e.xecuted tne foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. K0T«TM^ .vWVVVAAAAAAAAAAAAAAAAAAAAAAAAAAA/ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) NORY ?UBLI<U On this day of , 199 , before me a IJII X.11XS ________ --------------------------- ------------------------- ------’ ^Notary Public within and for said County, personally appear ________________ known to 5ne to be the person (s ) described Tn and who executed the foregoing instrument, and acknowledged that he (they) execut the same as his (theirJ free act and deed. NOTARY PUBLIC Page 4 of 4 & City of ORONO - - OF ORONCn RESOLUTION OF THE CITY COUNCIL NO. 2897__________ Exhibit A 117 of KanA 23 which is described as follows, to wit: Beginning at a point o chains west of the meander post in the southeast cor­ ner of said Lot 2 in said Section 10; the thence running north .0 chains more or less, to the shore of Round Lake, so-called; thence along and around the westerly and northerly snore oi said Lake to the meander corner in the north shore of said Lake and between Section 10 and 11 in said TownshiT' and Range; thence north on the section line between said Section 10 and 11 to the southerly ^ the right-cf-way of the Minnetonka Branch of the Greet Northern *-<on 654 8 feet, more or less to e point wnicn is 4.3&.0 i.eet ;rShfwe«t lin; of said Lot 2 and at the name ttme 3°^ of the north line of eald lot 2; thence south on a line par^lel with and distant 236.0 feet east from the 1016 feet more or less, to the north shore of Lake MinnetonKa, thence easterly along the said shore of said ^^^°y^‘®hereof the place of beginning, according to the government survey the f • crnr laRQNa City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ________ A RESOLUTION GRANTING VARIANCES TO . MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (C)l 6 2 FILE #1603 WHEREAS, Irwin Jacobs (hereinafter "the applicant") is the owner of the property located at 1700 Shoreline Drive and 1075 Millston Road within the Cirv of Oronc (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the vai^iances to Municipal Zoning Code Section 10.03, Subdivision 9 (C)l to permit the construction of a greenhouse totalling 2,604 s.f. in area, considered an oversized accessory structure because it exceeds 1,000 s.f. in area, on a property that already contains 5 other oversized accessory structures; and a variance to Section 10.03, Subdivision 9(02 as the total of all accessory structure footprint areas at 10,795 s.f. exceeds the allowed total area of 6,000 s.f. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FI.H)INGS 1. This application was reviev/ed as Zoning File #1603. 2. The property is located in the LR-IA Single Family Lakcshore Residential Zoning District requiring 2 acres in area. The property located at 1700 Shoreline Drive consists of 30 acres, 24 of which are dry buildable. The property located at 1075 Millston Road consists of 2.7 acres. Tne total sum of the areas of both pro,-erties is approximately 33 acres. 3. The Orono Planning Conimission reviewed this application on November 19, 1990, and recommended approval of^ tne variances as proposed based upon the following findings: A) The total area of both properties equals 33+ acres in area. Page 1 of 4 ] cl'nr OF ^QRawa Citv of ORONOC/ RESOLUTION OF THE CITY COUNCIL NO. 2907 _______ B) The current accessory structure ordinance does not provide standards for an estate use. The ordinance does re'quire the filing of covenants which will provide the City the necessary controls with a future subdivision of property. C) The greenhouse structure cannot be seer from the adjacent County Road ncr from the residential properties within the Milisten plat because of mature evergreen plantings along the boundaries of the subject property and within the adjacent residential lots. D) "’he greenhouse will supply plantings for flower beds totaling 6,386 s.f. of ar»-’ on the estate. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The city Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comment by the applicant and the effect of the proposed variance on the health, safety and welfare of the cotnmunity. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) 1 and 2 to permit the construction of a greenhouse totalling 2,604 s.f. in ar^a, subject to the following conditions: 1. The owner shall apply for the legal combination of the 2 Independent properties located at 1075 Millston Road and 1700 Shoreline Drive. # 1 Page 2 of 4 1 anr OF ORONa City of OROIVO RESOLUTION OF THE CITY COUNCIL NO.2907 2. The owner shall execute covenants for non-residentia 1 oversized accessory structures consisting of the following: Detached garage Detached garage Greenhouse 1,414 s.f. 1,008 s.f. 2,604 s.f. The covenants shall include a special condition for the greenhouse that would require the removal at the time of a future subdivision. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 10, 1991). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of O^ono, Minnesota at a regular meeting held on the 10th day if December, 1990. ATTE Property^ Owner^ Page 3 of 4 'H'i 4 f • ' •r A'- k. y. V‘ 1 i \Wi ^00\ * I • 0 • P .1 TJ^l;i -L_ I, \ 'i'.- ’■ ■ . ; /''• V r.‘ . % ■ • • • * f • i . • * * . 1 > • I • t . ■*. •* • • '* • ♦ %■, « ■ » . • y " ’•••. V I *•.» . V % I '■'t. •« •/ •? * »» IJ 1 A .. t •% '• V • * 4. ' ttr % J % Y i *» i ! # i \ * jlI :* * $ ' •. / I ! !• .1 I ! I I I I I I I i I I \ J-r tt Ir V: &2->!^ C=J f 9 X tm^m ij £ tI as ■< “Tj z:' ; . i- I . # -i r ^■., 1 ' §a »: # » \ ■ 31 t ‘ » I [• >; r I k hi it "N. I I .‘ • 1 < rn\ *1 ■n -\ t 1- 1 ,. _ I I I I 1 I ! I \ 1 I I i 1 I ' I ' I I 1 I Iu II I. 5r*n\ ♦ * 0 M / H . .♦ ; • • • .1 / , Vr-r • • • % ;•■ V / / • •/ .1 ■» ■ I f-. I • / n ik>5‘.>;;irji3A Q?P X-^c;.- ;• [ i X7M czOi. r, Nyi4 ■ 3Xi<5 / / / ❖ « ..'f\“ t / / y 39rioH H3H 3q <74, 'a^Hic'il Otnu:9ix3' . t «T . • • u ■f'*, : ■jfenoH x»iK.a .n . »•# . • ’• • 4 {% . • ;Vr. ' ■r •-. . •*.'. .V • .^ ■;-^' / ‘ ' ^Wriv.b .-;A:\jJrm.\ • ' ri; . . . * • • ' ‘ . r—- i-.v"*****^•**4^ *A t^*. . . . •• vv'.' ; * • . % % U<^i7ca' • .v*• '-w •. •. *. • ♦ t {V . W ' • w . ' • •• . •• • ’ ^ • I '■r ** • ^ t V “ * . I . • t * •• 4 ♦ * » . «•• > 1 t. * * • V'. • T » - • tlon 10, in aa followe, of the maan- t 2 in eald ina nore or ; thence ahore of h ahore of eald To«mahip batveen eald the • Greet eald Bouth- of Interaec- nt-of-wey rnlntf and ly direction i 236.8 feet i:he aeaut tiste . 2; thence, )6.8 fe<)t feet iiure or* thanen UnTMtonka to *ernaient aur- •4 by M or (duly Kefia» ate of Hin- ^4v9\f / > e le ^ s i ti u 5 •y /i. To: From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse. City Administrator Jeanne A. Mabusth. Building & Zoning Administrator September 23, 1993 K\?nO Stephen and Randi Carlson. 1185 Arbor Street Variance - Resolution I J ^ \ % - % A % The Planning Commission unanimously approved a street setback variance for a 10’ x 24’ 8" addition to the north side of an existing single stall garage. The existing attached garage is located 27 ’ 3 ‘ from street setback line. The addition will be placed at the same setback. Major structural portions of the existing single stall garage will be saved during the reconstruction. The foundation and floor of the existing gange will be replaced as it is in a .serious state of disrepair and can no longer be used for the storag • of cars. The enclosed approval resolution has been drafted per the Planning Commission recorn mendat ion . A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE NO. 1870 WHEREAS, Stephen and Randi Carlson (hereinafter "the applicants") are owners of the property located at 1185 Arbor Street within the City of Orono and legally described as follows: Lots 1, 2. 3, 4. 5. 6, 7, 8, 19, 20, 21, 22, 23, 24. 25, 26, 27 and 28, Block 2, Maxwell’s Addition to Crystal Bay, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Oxle Section 10.28, Subdivision 5 (B) to permit the construction of a 10 ’ x 24’ 8" addition to the north side of the existing single stall garage to be placed 27’ 3" from the street lot line instead of the required 50’. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 1'hi.s application was reviewed as Zoning File #1870. 2. 3. 4. The property is kxated in the RR-IB Rural Residential Zoning District requiring tw'o acres in area. The subject pro|x*ny consists of approximately V/i acres in area. Tlic 3'/^ acre ptircel is served with municipal sewer. The Orono Planning Commission reviewed this application on September 20. 1993 and reti)mmended approval ot the proposed variance based upon the following tlnJings; A. Existing struemre was not constructed under current two acre zoning setback standards. B. The location of structure »)n lot and setback is similar to other properties in the Crystal Day ncighbi»rh*»od. Page I of 4 C. The addition will extend no closer to street lot line than existing residence. D. 1-. 1 he steeper sloping topographies to the rear would require major filling if structure was to be moved further away from the street and still be installed as an attached garage. There has never been a vehicular accident resulting from the use of the garage at this street setback. 4. The City Council finds that ihe conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the \ariance would not adversely affect traffic conditiorLs, light, air nor pose a fire hazard or other danger to neighboring prope.ny; 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; atid would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered uns application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted ab<»ve, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.2,'^. Subdivision 5 (B) to permit cimstruction of a 1U‘ x 24’ 8" addition to the north side of the principal struciurc to be located 27* 3 ” from the street lot line with a setback variance at 22’ 7” or 45.5%, subject to the follow ing conditions: 1. Authorities granted by this resolution run with the property not with the applicimt, but are permissive only and must be exercised by application for a building permit within one year ol the date of Council approval, or this variance will expire on that date (September 27. 1994). 2. V'iolalion of or non-compliance with any of the terms and conditions of this tesolution shall constitute a violation of the ziniing code, shall automatically terminate any authi rity granted herein, and shall be punishable as a misdemeanor. I*age 2 of 4 3. The undersigned applicants have read, understood and hereby agree to the lenns of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the prt)perty. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of September, 1993. A UT.ST: Dorothy M. Hallin, City Clerk Hdward J. Callahan, Jr., Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The h>regoing instrument was acknowledged before me on this 27th day of September. 1993 by Edward J. Callahan. Jr. and Dorothy M. Hallin, Mayor and City Clerk ot tlie City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Ihiblic Page 3 of 4 r STATE OF MINNE-SOTA ) ) COUNTY OF HENNEPIN ) On this dav of ss .199 , before me a Notar>' Public within and for said County, personally appeared_____________________________________ known to me to be tlie pers<>n(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 MINNl-SOTA ) ) 5S COUN I'Y OF HENNEPIN ) On this day of ,199 , before me a Notary Ihiblic wiihinand for said County, personally appeared_________________________^-----------— known to me to be the pcrson(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notar>' Ihiblic Page 4 of 4 STATE OF MINNF:S()TA ) ) ss. COUNTY OF HHNNMMN ) On this day of , 199 before me a Notary Public w ithin and for said county, personally appeared ________________________________ ______ known to me to be the |7erson(s) described in and who executed the f()rcgThn^nstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF KHNNESOTA ) ) ss. COIOTY OF HFaNNEPIN ) NOTARY PUHUC On tliis day t)f . 199 before me a Notary Public within and for saiil county, personally appeared _____ ___________ ___ _----- _ kno\^ n to me to \ c the pcrson(s) described in and who executed the foregoing liistnimenf, and acknowledged that lie uhey) e.xecutcd the same as his (their) free act and deed. NOTARY PUm iC Page 5 of 5 To:Orono Planning Cominissk)n Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator From:Jeanne A. Mabustli, Building & Zoning Administrator Date:September 8, 1993 Subject://■ISTO Stephen and Randi Carlson, 1185 Arbor Street Variance - Public Hearing Applicants propose a 10’ x 24’ 8" addition to the north side of the existing single stall garage creating a double stall garage. The existing garage is located 27.3 trom street yard. Addition will be placed at the same .setback requiring approval of a street setback variance. The following ordinances arc pertinent to the review 1. Section 10.28, Subd. 3 (B) - Front/street setback. Required « 50 ’ Proposed = 27’ 3" Variance = 22’ 7" or 45.4% 2.Section 10.56, Subd. 16 (L) - Hardcover limitations. Tnc property is located within 1,000 ’ of French Lake, speciFcally within the 500-1.000 ’ setback area. The property is allowed 35%. The total area of the property is approximately V/i acres or 152,460 s.f. and would be allowed 53.360 s.f. of hardcover. Review Exhibit F. The property is at 4,165.6 s.f. List of Exhibits A B C I) E 1 G Application Plat Map Property Owners List Applicants' Addendum Moor Plan Hardcover Sketch Survey Description of Request The applicants propose tlie installation of an additioiul stall to the noidi side of iIk existing single stall garage. The existing new garage is in a serious stale ot disrepair w_ith the floor deteriorating lO a point where can can no longer be stirred within the interior tor tear o collapsing on lower level storage garage accessed at rear of house. Review Exhibit D Applicant advises that much of the framework will be retained but that the cmire garage foundation would be basically replaced. The single stall yard mamtenance garage to the rear will also be retained with the reconstruction Zoning File ,<^1870 September 8, 1993 Page 2 SUtemeni of Hardship Refer to Exhibit A. As applicant notes, structure is similar to other structures in the Crystal Day neighborluxxl where structures were not constructed under two acre zoning standards. Tfjc steeper sloping topographies to the rear would require major filling if structure was to be moved funher away from street and still be installed as an attached garage. In review of City records, there has never been a vehicular accident resulting with the use of the garage at this location. t ' Jlpt>CITY OP ORONO - VARIANCE APPLICATION /Initial Application Fee $175.ftO($50.00 per each additional variance)'Renewal Variance Fee $100.00(no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION \P>'^ AilY\'r Si._____ V s*__^*1 S V; Site Address Property Identif. Number (P. I .D. )|0_H_L7 — Attach legal description to application if not included on required survey. Date P I (do) Present Zoning District: Acquired (month/year) -’O own the adjacent parcels of land, property; residential _ _ _other(specify) applicant Phone (home) f) /Q'7 Name .‘^pl'lPn 4 ( Al'i'iO'n Phone (work) ‘^^/'0<4 hS. Address ■ I l<?C Ai f^rr <.4- Cityi^kwnrtc ] OWNER (if different than applicant) Name Phene (home) Phone (work) Address: _ _ ___ _ _ _ _ _ _ _ _ _ _ City:..Zip* DESCRIPTION OP REQUEST Estimated Construction Cost^$ I^ ^ Describe request in deta_ V AC pmLL-lV.Lti\.il'k VARIANCES REQUIRED 11: 6>v (J/'h ------litmn L n a — gt-iclh Lot Area ^Setback: ^ Lot Width Hardcover _ _Lot Coverage Front Other (specify)_ __ Side Rear Average Lakeshore HARDSHIP/DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS De.crlb. undue hardship or practical difficulty and unusual property ♦ r i5fali£iiiA.U (attach additional sheets if necessary) REQUIRED SUDMITTALS All of the following information must be sub mitted by the application deadline date in order for your application to be considered com plete: 1. v/^Completod Application Form 2. ^/Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center .348-3271); 3. Plat Map Vobtained with property owners list). 4. _Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8Ji ”xll" for reproduction), 5. _Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8J<"xll ”). 6. s/ Sketches or plans of floor & elevation views (provide 1 copy 8>j"xll"). 7. ^As an addendum to this application, please attach a separate list of any other rersons you wish notified of this application. 8. __Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The appllca.nt hereby agrees to provide all information required or requested by ».-ie Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee pa/ment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her )cnowledge. Date —! / / Applicant’s Signature K , ONNERS SIGNATURE J The owner hereby ackowledges i*nd agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission m»=‘inbnrs, and Council monbers for purposes of investiga­ tion and veriiiration of this request. Owner's Signature _^y Date 3 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Cendssion and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building ( Zoning Office of this change prior to the meeting. ~3T 1^^ \\iCUyhl\y ' OATI 06/2A/n‘BATCH 005»S PROP AOOR > OMCR NAME ' TAXPAYER : NAIC/AOOR I r PtOP ADOP ONNEP NAHE TAXPAYER NAHE/ADDR r j PROP AOOR OHNiR NAHE TAXPAYER NAME/AODR r ' X t >^PROP AOOR VCMCR NAHE TAXPAYER <*NAME/AODR ■ A ft £•PROP AOOR 0»MER NAME ' TAXPAYER ^ ^ , NAME/AOOR AOOR OMCR NAME TAXPAYER NAME/AOOR HfrWEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LISTSO 10-117-23 2A 0016 01099 HILLOH DR S GLORIA K ROOER GLORIA K ROOER 1099 HILLOH OR S HAYZATA m 55S91 58 10-117 23 29 0021 01205 LAKEVIEH AVE A L HOPHOOO A L G HOPHOOD AL L HOPHOOO 922 7TH ST S HOPKINS Ft4 55393 58 10-117-23 29 0030 01233 BRIAR ST T E FRANK A B L FRANK THOMAS A BARBARA FRAML 1235 BRIAR ST HAYZATA HN 55391 38 10-117-23 31 0069 01230 ARBOR ST C M HARREN ALA HARREN CHARLES N A LISA A MARREtl 1230 ARBOR ST HAYZATA m 55391 58 10-112-23 31 0072 01295 ARBOR ST JOHN M BOLDItiCH KAREN E BJCRKENG 1295 ARBOR ST HAYZATA FM 55391 3B 10-117-23 31 0075 01212 BRIAR ST RAJ KICHEN RICHARD T KIEHEN 1212 BRIAR ST NAYZATA MN 55391 38 10-117-23 29 001701)15 HILLOH OR S TOOO M GABRIELSOtl ET AL TODD H A SUE E GABRIELSON 1115 HILLOH DR S HAYZATA MN 55391 38 10-117-23 29 0022 01212 ARBOR ST J R CADY A S R CADY S R CAOY A J R CADY 1212 ARBOR ST HAYZATA MN 55391 38 10-117-23 29 0031 01185 ARBOR ST S A R CARLSON STEPHEN C A HAi'OI J CARLSON 11B5 ARBOR ST HAYZATA MN 55391 3B 10-117-23 31 0070 01215 ARBOR ST CHAIJNCEY H SAtlOGREN ETAL C H SANOCREN 1215 ARBOR STREET HAYZATA MN 55391 38 10-117-23 31 0073 01295 ARBOR ST KAREN E BJERKCNG KAREN E BJERKEFK; 1295 ARBOR ST HAYZATA m 555» ». 38 10-117-23 31 0093 02170 MlfWETOtiCA AVE H A J MC CLEUAMO MICHAEL P MC ClEllAHO 2170 m»METONKA AVE N P 0 BOX 95 CRYSTAL BAY 55323 REPORT NO. PI935901 PAGE 15SCMNOOR A HIFE3J 10-117-23 29 0019 01220 LAKEVIEH AVE DOUGLAS PAUL DOUGLAS A NORMA SCHIKWR 1220 LAKEVIEH AV HAYZATA HTJ 55391 38 10-117-25 29 0023 01225 LAKEVIEH AVE V H ROLLINGS ETAL VIRGIL H ROLLINGS 1225 LAKEVIEH HAYZATA FW 55391 •s‘•i-- 38 10-117-23 29 0039 01055 HILLOH PR S 0 « J KAYE DALE R A JOAN KAYE 1055 HILLOH DR HAYZATA MN 55391 38 10-117-23 31 0071 01223 ARBOR ST J M K KEttTEN A L S KEFATEN JANICE A LEONARD KEFtlEM 1223 ARBOR ST HAYZATA >t( S5391 38 10-117-23 01229 BRIAR MAYBELL KOHLS MAYBELL KOHLS 1229 BRIAR ST HAYZATA Ftl 31 0079 ST *>-rr 55391 58 10-117-23 31 0099 01290 ARBOR ST L S KCFAFEH A J M KELl AR LCnilAHO S KEFAIEN JANICE M KEFtlCN 1223 ARBOR ST HAYZATA Ftl 55391 4 }mJN DATE 08/2A/93 BATCH 005}Pnt» AOOR OMCR NAME TAXPAYER NAIC/ADDR i! I '' P .. J * ty. A .V-. '■ • •j .f ■•• ^. f. tAV. ^.4ft r t- 4#!v I M K (P ,. \r p IIEHJEPIN COUNTY PROPERTY irjrORMATlON SYSTEM PROPERTY OWNERS LIST REPORT no. PI45S<«01 PACE 14TOTAL BATCH 005 00013 I CERTlfV THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPEESEHTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEE#«PIN COUNTY DEPARTMENT OF PROPtW TAXATION, TO TH&i^EST OF HY KIOHLEDGE AND BEI *EF DATE \ ' J!>%d ^ % A : ][} i i i ; I s 1 »0. PI4SS401 •Ace 14 s ll'S6 ■h'W ^0\(j)X ; f1lf\)T\D £t- T^MHir^ir p't 2^' -]-C G<i^/W J c^OG^t) •^Yvk. €0^] irrfD (^,(;z\bk, vvitU C7\. d^Aj^ / ^/1 P T:TI> c^y<y)L chv-r Wf-/!/•'i^'Cludfe -?'<ri)\i^. bkck -rjivi Jj'Mbl^f/M cA- e^FL-^V^ mc(\i'p '^vV -rlnck L)/\ ■peer (^'^(j'w'ntvA exv^ '^ci^K^y^c] CX'C^KfL fkt/. NevvJ vdccd^ -TT^ufeL S'’rRfHvid- w'-'i CK^ muclA of 'Tiie. 0ci^|\y'j 77"^ 111'l/4/ 7 Lat\jc / leo^.i W^A r2H vt'im V ±f -£W>^, ’ » H //C> "F 9J H ViA;:tf»!(giaggmt9l • T0U.fB.»:(«.,4H.n„ . i»i>MMM J4 m x> OTCPHCM AMP RANPI CARLCOM RCi>1DCMCE: UB5 ARBOR ^TC"r-CT I 0) V I IN BLOCK 2. MAXWELL'S ADDITION TO CRYSTAL BAY HENNEPIN COUNTY, MINNESOTA i i. \«i V* legal description Of PREMjSIS SURVEYED: This survf, intends to show the boundaries of the above described property, |nd Uit location of an existing house and ihed thereon. It does not purport to show any other ii- proVements or*encroachments. 0 : Iron ^arlcer • iBearings shown are upon an aisumed datuil. * • ♦ V »• -.1 . I •. ^ . r - •*. Iv ♦ ^ * II ^ *• A ^vrv liifM SiU l^ti>ner> 482 KifiMftHk AvcfUtt* • 11 wig L««k4*, M\ hi: 47) 4141 i 1 lu I* In •- * * • ’1 *«i •m iti* '■t^v 4 f Mtol ‘ i *•». ».‘\U \t-l ’ t • ‘n-m a #0 9m 'A ON CRYSTAL BAY A *TI0» Of SUMtTtB; , •. 5. I. ^ I’* It, zy •»« *•. •ifc^ 2, lkU«a I* Cr|lt*l tiy- ■ . ■■■'.■ ^ #•■ It l« I’** rtH< •#« ___— iit'M IRtftW* r| !• rffCiMAil. m ftiftt? M& *rt if#« tH •Il««t4 iitW» . f ‘4-IN* •« tr # I « « i r» '<» <u 5; •K k•2 li: STEPHEN & RANDI CARL80 IN BLOCK 2, MAXWELLS ADDITION TO CR HENNEPIN COUNTY. MINNESOTA \ '■ A \% *4 ti » V. a * < li 4 LEGAL OESCRIPTIOM Lots t. 2, 3. 4. 22. 23. 24. 25. 2 HaxMCI 1's Additio “T »-r This Sur¥«jr Ihttn of the ebo¥t desc location of an ex It does net purpo prorfeee’'ti or enc I 1 f r i\r%_» A r fc TO: FROM: DATE: Mayor Callahan and Orono Councilmcmbcrs Ron Moorsc. City Administrator Jeanne A. Mabusth. Ruildinp & Zoning Administrator September 23. 1993 .A SUB.FECT: #1872 Orono Woodlands. Inc. - Paul Phillips, 2100/2140 Sixth Avenue North - Vacation of Drainage & Utility Easements - Resolution The applicant filed a subdivision application for a lot line rearrangement, reviewed by the Planning Commission at their August meeting (#1851). The existing septic system serving the Orono Woodlands Inc., is failing and it has been determined that there was no other ‘unable area to develop an on-site septic system. Mr. Phillips both owner of the homestead parcel immediately adjacent on the west side and of Orono Woodlands Inc., has agreed agree to provide additional area in the south yard for development of a septic site. In exchange. Mr. Phillips will acquire additional area along the northern portions of the Orono Wcxxllands property. 'Fhe applicant has been advised by the surveyor to plat the proposed lot line rearrangemetit because of the complexities of the legal descriptions and of the need to vacate easements along the current shared lot line. The lot line rearrangement was unanimously approved by the Planning Commission with the condition that applicant file a vacation application for review at the September meeting so that the plat of the lot line rearrangement could be presented for Council’s action in October. The plat will designate and dedicate new drainage and utilities easement upon completion of the vacation as proposed in the current application. Tlie real issue at this stage is the ability to install a new septic system before colder weather sets in. Normally the City would await the final completion of the plat but because of the need to move as fast as possible staff suggested that applicant be allowed to commence the installation of the septic sy.stem upon the formal approval by Council of the vacation of the easement, fhe applicant is most anxious to complete the subdivision and is even more anxious to get the septic system installed for the Orono Woodland Homes. fhe Planning Commission recommended unanimous approval of the vacation and also w requested that applicant be allowed to install septic system prior to plat approval. fhe enclosed resolution .ipproving the vacation has been drafted per the Planning Commissions recommendation. 10I i V. • f 0 ^ 3. Portions of the dedicated drainage and utility easements as it currently exists would serve no public purt)ose. NOW, THEREFORE BE IT RESOLVED, that the petition of Paul R. Phillips and Orono Woodlands Inc., is hereby granted by the Council of the City of Orono and that the drainage and utility easements legally described above are hereby vacated. 'Die granting of the petition is subject to the condition that upon vacation applicant shall rcdedicate drainage and utility casements within the plat of the lot line rearrange as follows: 10’ along the perimeter of the lot lines and 5’ along the shared lot line. Adopted by the Orono City Council of the City of Miime.sota, a regular meeting held on vSepieniber 27, 1993. A'rn;sT: Dorothy M. Hallin, City Clerk Edward J. Callahan. Jr., Mayor SI ATE OF MINNESOTA ) ) COUNTY OF IIENNI-PIN ) ss. The foregoing instrument was acknowledged before me on this 27ih day of September, 1993. be Edward J. Callahan. Jr. & Dorothy NI. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said in.strumcnt was executed on behalf of the City. Notary' Public Page 2 of 2 TO: FROM: Planning Commission Members Ron Moorsc, City Administrator Jeanne A. Mabusth. Building & Zoning Administrator DATK:September 8, 1993 SUBJFCT: #1851 Orono Woodlands, Inc. - Paul Phillips. 2100/2140 Sixth Avenue North V'acation of Drainage and Utility Hasements - Public Hearing PertliunI Ordinance Section 10.12 Application involves the vacation of drainage and utility easements dedicated in the plats of the Hekstrom Addition and Phillips Woodland Terrace. List of Exhibits A - B - C - D- E - Application Plat Map Property Owner’s List Description of Easements to be Vacated Survey of Drainage and LUility Easements Designated at the Time of Plat of Comprehensive Lot Line Rearrangement Tlie subdivision of the two properties was reviewed at our last meeting. One of the necessary steps to be completed prior to the finalization of the subdivision was the vacation of drainage and utility easements. Members may remember that a septic system to be installed for Orono Woodlands, Inc. was located within the dedicated easement. The drainage and utility ea.sements must be first vacated and will then be rededicated in the final plat. A plat has been recommended by the sur%eyor because of the complexities of the legal descriptions to be created if the subdivision was approved in a metes and bounds format. It is the intention of staff to present the vacation application before the Council at their September 27th meeting so that the final plat can be acted on at the Octol>er II, 1993 meeting. Because of the need to move as swiftly as possible concerning the installation of a new septic sy.stem for Orono Woodlands. Inc., staff will recommend that the new septic system be installed as soon as the vacation of the easements is formerly acted on by the Council. Staff Reconuncndatioii To approve the vacation of the drainage and utility easement dedicated in the Eckstrom Addition over Lot 2. Block I and in the Phillips Woodland Terrace over Lot 4, Block I as shared lot line w ill be redefined and former drainage and utility easements will be obsolete. ch in T Piii'JSKNT USE OF PROPERTY Present Zoning District Present Use of Property c Residential ___________ Other (specify) DESCRIPTION OP REQUEST / ^ ' Describe request in detail: ^ C j —il- - - - - - - - - -^t REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtai this list from Kenneoin County Department of Finance A-603 Governmen Center 348-3271). 3. Plat Mao. 4. Certificate of survey (signed by a licensed surveyor). 5. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (ll* X 17■ OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her )cnowledge. Applicant's signature _____, /6 Date OWNERS SIGNATURE ^ The owner hereby acknowledges and agrees to this application and further authorised reasonable entry onto the property by City staff, consultants, agents, commission members, and Council inembers for purposes of investigation and verification of this request. Owner's signature t e ^ jX*7 /tS Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday cf each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. —.V't « *•: .V A* -•. Vi - •• *. V **•• •• ^* *! • • 1 ■ •* . ’ I,1*. '• IL irii • ! 3« •V. • «r * •of '■•* * • • ,r — .V f n 7 -t. .'5^^ C J • < . * • >■•**• i • **%r**)<^. • ■* i. lO) 1-^ *^r*Tv r; ;t c* M /•• rf TV ^ I* 1^ r7T> >* ^ > •—* *- » V*_______ . ■*. »• ^ •»• • * •■* . — *%' ^v:c^-V'-v V ^ ^ . *•o^ • t ■ , -/y-f'vtri /<-r AVE- -N------T~*« ■ ' im$) |*C 90C < SilSaK l.-.~l''»l *•■>»'» * * RIOCS >T« »-• •« a^li; i L^r \t' »i ITITur rf I f 4 1 , ^ • RUN DATE 07/21/95oeATCH 001oPROP ADDR OHNER NAME T/.XPAVER NAHE/ADOK0 PROP ADDR WNER NAHE TAXPAYER NAHE/ADDR rv ‘ PROP ADDR OHHER NAME TAXPAYER NAHE/ADDR •J o PROP ADDR ONNCR NAME TAXPAYER NAHE/AOOR *»PROP ADDR J o OWNER NAME TAXPAYER NAHE/AOOR - o Ptm ADDR NAMt TAXPAYER o MAHt/ADP»V © o HEtPJEPIN COUNTY PROPERTY INFORMATION PROPERTY OIBIERS LIST SYSTEM58 27-118-25 51 0002020A0 SIXTH AVE N TRINITY ENG EVAN LUTH CH INC TRINITY LUTHERAN CHURCH 2060 6TH AVE N LO»« LAKE MN 5555658 27-118-25 51 0019 02165 SIXTH AVE N DANIEL G A RUTH G MCPHERSON DANIEL G I RUTH C MCPHERSON 2165 6TH AVE N LOI4G LAKE MN 55556 58 27-118-25 51 0019 02085 SIXTH AVE N J R MARESH A 0 J MARESH JOHN R A DIANE J MARESH 2085 CO RO 6 ORONO MN 55556 58 27-118-25 51 0022 01090 COX FARM RO COX BROTHERS FARM FULLERTON PROPERTIES INC 608 2ND AVE S MPLS 55602 58 27-118-25 52 0010 00058 ADDRESS UNASSIGNEO MARY 8 PHILLIPS MARY B PHILLIPS BOX 755 LONG LAKE MN 51556 80 27-118-25 L6 0001 00080 ADDRESS UNASSIGNEO DEPT OF NATURAL RESOURCES DEPT OF NATURAL RESOURCES 1200 HARNER RD ST PAUL Ml«4 55106 58 27-118-25 51 000502155 SIXTH AVE N RICHARD C VALITON ET AL RICHARD A SALLY VALITON 2155 COUNTY ROAD 6 LONG LAKE MN 5555658 27-118-25 51 0017 02160 SIXTH AVE N P R A M B PHILLIPS DOUGLAS B OROLAT 2160 6TH AVE N LONG lake MN 55556 58 27-110-25 51 0020 01095 BROIA4 RO N J R MARESH A D J MARESH JOHN MARESH A DIANE MARESH 2085 COUNTY RO 6 ORONO MN 55556 50 27-118-25 52 0008 01180 PHILLIPS OR J J LAHTI ATM LAHTI JOSEPH J A TERESA M LAM 7 1100 PHILLIPS OR LONG LAKE r«4 5555 58 27-118-25 52 0016 01115 COX FARM RD COX BROTHERS FARM FULLERT0t4 PROPERTIES INC 608 2ND AVE S MPLS m 55602 80 27-118-25 26 0005 02160 SIXTH AVE N PAUL R A MARY B PHILLIPS DOUGLAS B BROIB4 2160 6TH AVE N LONG LAKE MN 55556 REPORT NO. PI655601 PAGE 158 27-110-25 51 000902100 SIXTH AVE N ORONO HOOOLANDS INC ORONO WOODLANDS INC 2160 6TH AVE N LONG LAKE M»4 5555650 27-118-25 51 0018 02160 SIXTH AVE N PAUL R PHILLIPS PAUL R PHILLIPS BOX 755 LUNG LAKE MN 55556 38 27-118-25 31 0021 01120 COX FARM RD COX BROTHERS FARM FULLERTON PROPERTIES INC 600 2ND AVE S MPLS UN 55602 0009 OR 56 27-118-23 32 01200 PHILLIPS PAUL R PHILLIPS PAUL R PHILLIPS BOX 755 LOfTG LAKE MN S5556 80 27-118-23 25 01200 PAUL R PHILLIP;> PHILLIPS 0002 OR PAUL R PHILLIPS BOX 755 LONG LAKE MTJ 55556 80 27-118-23 26 0006 02160 SIXTH AVE M PAUL R PHILLIPS PAUL R PHILLIPS BOX 755 LONG LAKE MN 55356 » 9 J 0 t** t4:> O o DATI 07/21/95 BATCH 001PROP AODR OHNER NAME taxpayer NAHE/ADOR 0 o 00 27-118-25 24 OOOS01250 PHILUPS OR MARY 8 PHILLIPS MARY B PHILLIPS BOX 755 long LAKE MU 55356 I? b ' 1 cj •<* a•<* a; i )• =te .... HEffflEPIU COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OlOiERS LIST REPORT NO. PI435401 PACE 2BO 27-118-25 24 0006 01280 PHILLIPS OR MARY B PHILLIPS MARY B PHILLIPS POX 755 Lone LAKE MN 55556 TOTAL OArCH 001 00020 OF THE HEr*JtPIN COUNTY DEPARTMENT OF rRnccfrZ^i^ RECORDSor MY KNOHLEDCE AW BELIEF PROPERTY TAXATION. TO THE BEST DATE V.UUNTY. MINNESOTA I ww w -m I • ■ ■ ^ 4v, • t * « L r-yin 1 ■. v^K M '•A UftU'fy T f ! •‘*'1*^'’ .** n I .* OiocK ! 1 xK^iti'om Mdci'ifion ’ t dtttj tifMt 4Af'rM &!/ O-Ur/i'M i Jf rv'//V JJ 4/ Ut ■<2iiJk L«^£ • ^»'*r>>. 4-i/j >1. ■ • ' 'V ■ ■ •.■ * i?-■'••v.;.'i'^, :V. . .Vu: r. Xil*D; ; L.> ICCK i..M •!;• \,,‘ i! i ~r i Hi. iiiXi ^ ' • . • ■ / «* ►- ”2rf- lU &'i > :[•]' Si IP .W*'* •* -‘ -f* * v t . V.i*' t.>- » • ’ * ? ’. ;• J} «» » *: ^ u» t I m4 lioo I '^i ‘*U’ I «. ' 4 « — t I S 67*54 urw .‘. »^ !♦ .5*, ??.'■*’■ '• •% V' t" liS/Hf 4534/% ^ ^ %CO.STATE HIGHWAY NO. o: <l«not«s iron aorliof Ail hearings 6ft &«&«d u^on an assumed datun » *■ Lt6»l OCSOIPTIOH or PRtMIStS SURVI r£0; A. .o«iu«r,T,,;c., .,„ tc«,.o« «»mo«. Ikiru 1S5.00 r..t or ,010 lot 2 .0° lI'L’Soito'of 4 mJ! J!;°S !!*; °! *!'? '■“ * «' .»• Of i«l4 lot I tt < point on Mid «#»t J ln*"di»iint ,fii on onflloi to thn Most Unn ■ of told lot ^; Iicin tnt Colt 55.00 foot of M*dVot*4°?»lnn\^uri^*?‘‘' ?f Soul^^st corn*r to thf fott lino of Mid lot 4 <t • point dlitJnl 115 oo ?«? S Jk “I fJ‘2* •* '‘‘8^^ onjlot lot f. aiock 1, ICKSTnon AOOmoM; also tn2t olrt of »hS «! . « ill V cornor of Mid todOOOlAM TmACl l«lno tou.h „f !’,7i;V;?" ®! th# lott 55.00 foot ofXot 4. llocA }. miUlRS . Cau lino of'told Lot 4 at ■ f: IA-’ ^ m dOOOlAM TfiillACf’i;T«-%’»."7K‘th# £.»t 55.00 foot - - — - — -■ r^-.- Lot 4, a point diitant lll.ol foot north of"tho^SouthMlt'cornor'of”»iid f*f*a* **"• or»«»o Lot 4 at tha Rerth 155.00 foot of said Lot 2; ALSO £K£PT that 2!^ In '''• 5«yth of tho north 155.00 foot of Mid Ut*2 and nSJth^fr^.®fif®-®® of jiald .lot 2 1/lng nott lino of told Lot 2 at a ooint «i .liJ * **"• it right Anglos to tho Of Mid lot I. •' • ®" »«ltf itst lino distant hor^hori; of^ho^Southoast cornor ygJtWTt obmm %: Vorsin UttkJttmuM \ a • • ?? AngUt lo ifit 115.00 f«|t Ndr^hirly of^^ht^Southiiest cdrr^tr p% ■-V '-i’ ■ V -I*’ *' ■ .■■'.Tt:' ;.S.‘2>- ' Coffin & CRONLiKRr.. ixt !'■.'' I.MIl,.r,hl. \.riHM • ! .'Ill I ,<4.. M\ I-;,. hTf^r***-* • ',1 rmr-- •m- 'm TO: FROM: DATE: Ron M<x>rsc, City Administrator Jt>hn Gcrhardson. Public Works Director /- yt % % % September 16, 1993 V SUBJECT: Fall Cleanup The City ofOrono Public Works Depamiv-nt will be conducting a fall cleanup day on Saturday. October 16, 1993 from 8:00 a.m. to 4:15 p m. The collection site will be at the storage yard behind the Public Works Building at 2700 Kelley Parkway. The following items will not be accepted: recyclable items such as newspaper, corrugated cardboard, tin, aluminum cans. and plastic bottles with a neck chemicals brush, leaves or grass truck loads The following items will be accepted for a fee: Appliances TVs and stereos Tires Construction material $8.00 $7.00 $2.00 $ 12.00/Cubic yard Constructi(m materials consist of. but are not limited to. concrete, lumber, doors, moldings, boards, landscape timbers, sheetrvKk, tile, fences, dock sectiems, etc. An average pickup or two-wheel trailer holds 3 cubic yards which will cost $36.00. liach load may be measured to determine actual cost. The company accepting the construction material will have personnel on the site to determine cost and collect the monies. Orono residents only! / J / To; From; Date; Subject; Ron Moorse, City Administrator V'• Michael P. Gaffron, Assistant Planning & Zoning Administra«t ^ September 23, 1993 Ordinance No. 116, Second Series - Reinstatement of Omissions % List of Inhibits A - Proposed Ordinance o Amend Ordinance No. 116, Second Series B - Ordinance No. 116, Second Series as Adopted 6/14/93 C - Section 9.34 Language Prior to Ordinance No. 116, Second Series D - Memo of 6/9/93 On June 14, 1993 Council adopted Ordinance No. 116, Second Series, the apparent intent of which was to add a sentence to Section 9.34 allowing above ground storage tanks with a minimum one hour fire rating to be located within 30 ’ of any side or rear propeny line. However, the ordinance language that was adopted had the effect of repealing approximately five pages of code language and only re-adopted the first page. Since this clearly was not your intent or Council ’s intent, and since omission of the sections that were repealed has serious implications in enforcement of fire code regulations, it is imperative that those sections be reinstated. A new ordinance reinstating the old language and incorporating the proposed additional sentence on storage tank setbacks is attached as E.xhibit A for Council ’s immediate adoption. ORDINANCE if , 2ND SERIES AN OKDPiANCE TO REPEAL ORDINANCE NO. 116, SECOND SERIES AND /VMEND SECTION 9.34 ADOP1EI) APRIL 1, 1984 ENTITLED "FIRE PROTECTION AND PREVENTION." The City Council of Orono ordains: SECTION 1. Ordinance No. 116, Second Series adopted June 14. 1993 is hereby repealed. SECTION 2. Municipal Code Section 9.34 as adopted April 1, 1984 and entitled 'Tire Protection and Prevention" is hereby reinstated in its entirety. SECTION 3. Municipal Code Section 9.34. Subdivision 2 (A) (2) is hereby deleted and the following language substituted in its place: 2. Aboveground Tank Locations. In those districts not included in Item 1 above, the storage of flammable or combustible liquids in aboveground tanks is pennitted provided such tanks are located in conformance with MUFC Sections 79.501 and 79.1001, and with the following: (a) No such tank shall be located in any required front yard space as defined in the Zoning Chapter. (b) No such tank shall be located within 50 feet of any side or rear propeny line unless it has a minimum one hour fire rating. A tank with a minimum one hour fire rating may be located within 30 feet of any side or rear property line. (c) No such tank shall be located within 75 feet of any lake, wetland, stream or drainageway unless such tank is diked in accordance with MUFC Section 79.508. 'Hie minimum setback for a diked tank shall be 30 feet from the lake, wetland, stream or drainageway. SECTION 4. Tliis ordinance shall take effect upon publication. Adopted by the Orono City Council this 27th day of Septeniber, 1993 Al'l'ILST: Dorothy M. Hallin, City Clerk I-dward J. Calhihan. Jr.. Mayor mv^ r«i4f3r« r«itn« i* w p . This ordinance becomes effective from and after its publication. Passed by the council this 14th day of June, 1993. Published in the Laker and Pioneer newspaper the week of Juno 28, 1993, § 9.34SEC. 9.34. FIRE PROTECTION AND PREVENTION.Subd. 1. Minnesota Uniform Fire Code Adcpted. The Minnesota Uniform Fire Code, 1982 Edition (MUFC), is hereby adopted as though set forth verbatim herein. One copy of said Code shall be marked CITY OF ORONO - OFFICIAL COPY and kept on file in the office of the City Clerk and open to inspection and use by thepublic.Subd. 2. Fire Code Amendments. As authorized by the Minnesota Uniform Fire Code, the following amendments to the Minnesota Uniform Fire Code are hereby adopted for the City: A. Restrictions on Flammable or Combustible Liquid Storage. 1. Prohibited Districts Established. Pursuant to MUFC Sections 79.501 and 79.1001, the Council hereby declares all land located within the following specified zoning districts to ’-e the districts within which the storage of flammable or combustible liquids in aboveground tanks is prohibited: R**1A, R-IB, RR-lB-l, RS, LR-IC, LR-lC-1, B-1, B-2, B-3, B-4, B-5, M-6 and PRD. 2. Aboveground Tank Locations. In those districts not included in Item 1 above, the storage of flammable or combustible liquids in aboveground tanks is permitted provided such tanks are located in conformance with MUFC Sections 79.501 and 79.1001, and with the following: (a) No such tank shall be located in any required front yard space as defined in the Zoning Chaptex . (b) No such tank shall be located within 50 feet of any side or rear property line. (c) No such tank shall be located within 75 feet of any lake, wetland, stream or drainageway unless such tank is diked in accordance with MUFC Section 79.508. The minimum setback for a diked tank shall be 30 feet from the lake, wetland, stream or drainageway. /'JtV ORONO CC 219 (4-1-84) • V § 9.3 4p, , , Underground Tank Locations. The storage ofliquids in underground tanks shall be permitted in any district in accordance with MUFC Section 79.601 and with the following:. such tank shall be located underany required front yard space as defined in the Zoning Chapter. in -j such tank shall be located withiniO reet of any side or rear property line. ^ . c , shall be located within30 feet of any lake, wetland, stream or drainageway. B. Restrictions on Liquified Petroleum Gas Storage. Pursuant to MUFC Section 82.105, the Council hereby declares all land within the City, except for land zoned I-Industrial, to be the district within which no liquified petroleum gas storage installa­ tion shall exceed 2,000 gallon water capacity for any one property; and the Council further declares that no liquified petroleum gas storage installation over 500 gallon water capacity shall be located in any required front, side, rear or lakeshore yard as etined in the Zoning Chapter, but shall conform to all setback requirements for principal buildings. Restrictions on Explosive and Blasting Agent Storage. Pursuant to MUFC Section 77.106(b), the Council hereby declares all land within the City to be the district in which storage of explosives and blasting agents is prohibited. Subd. 3. Definitions. Wherever the words or terms are used in this Section, the Fire Code or the Fire Marshal Division alterations and amendments, they shall have the following meanings: . "Building Official" means the person appointed by the Council to administer and enforce the State Building Code. R* "Chief" means the Chief of the Fire Department w if'h has contractual jurisdiction in each respective Fire Service uit.tr let, or liis authorized representative*. U. "Corporation Counsel" means the Attorney for ‘■heCity. U* "Jurisdiction or Municipality" means the City as a whole, and also that part of the City corresponding to each separate Fire Service District. Subd. 4. Enforcement. Authority for enforcement is hereby granted to and may be exercised by any or all of the following persons: A. The Minnesota State Fire Marshal, or his authorized representative. ORONO CC 220 (4-1-84) •f* § 9.34 B. The Chief of each Fire Department, or his authorized representative, within the Fire Service District of said Fire Department. The Fire Chief shall reta i n primary responsibility and authority for determining response to fire calls and for fire scene command. C. The Chief of the Police Department or his officers. The Police Chief shall be responsible for coordinating enforcement policy and activities between the respective ire Service Districts and between the Fire Chiefs and the Building Official. D. The Building Official or his authorized representative. The Building Official shall be responsible for coordinating enforcement of the Fire Code with enforcement ot the State Building Code and the T.oning Chapter of the City Code. Subd. 5. Permits and Fees. A. Wherever the Fire Code or this Section requires a permit, applications for said permit shall be made to the Bui - ing Official with all information required, and payment of a per mic application fee as fixed and determined in accordance with city Code Section 1.05. Application fees shall be non-refundable. B. The Building Official shall refer all Fire Code permit applications to the Fire Chief of the applicable Fire Ser­ vice District who shall perform required pre-permit , * The Fire Chief shall upon request by the Building Official s pp / written report to the Building Official prior to permit issuance. C. All fire Code permits shall be Building Official upon the advice of the Fire Chief such conditions of approval as may be required by n i *i ka except that fireworks permits pursuant to Article 78 ^ i-cned issued by the Police Chief. One such copy of all permits so shall be delivered to the Fire Chief for his record. D. No Fire Code permit shall be issued permit would authorized an activity or uie qtate structures contrary to any provision of the /ire Code, Building Code or the Zoning Chapter of the City Code. enumerated in tne Fire Code. As they occur, such Shall be li.sted; such list shall be PO^ted in the offices^^ Police Chief, the Building Official and each Fire Chle , tributed to all interested parties. ORO.NO CC 221 (4-1-84) 5 9.34 .<<4 L. > ,•?>* Subd. 7. Fire Lanes Established. The Council hereby provides for the establishment of Fire Lanes for purposes of ensuring immediate unobstructed access for emergency vehicles and equipment. A. Fire Hvdrants. Whether marked cr unmarked, fire lanes are hereby established at all public or private fire hydrants, which fire lc.nes shall extend ten (10) feet on either side of the hydrant and twenty (20) feet in front of the curb or pavement edge nearest the front of the hydrant. B. Building Exits. Whether marked or unmarked, fire lanes are hereby established at all building exits required by the Fire Code or State Building Code, which fire lanes shall extend ten (10) feet in all direction from said exits. Where larger fire lanes are required, they shall be established and marked as provided in Subparagraphs C or D of this Subdivision. C. Existing Properties. The Chief of Police is hereby empowered to order the establishment, designation an maintenance of fire lanes on public or private property wherever and to whatever extent as he may determine is reasonably necessary to ensure open and unobstructed emergency access. In this deter­ mination, the Police Chief may confer with and accept the recommendations of the Building Official or the Fire Chief of the applicable Fire Service District. Fire Lane Orders shall be in writing and shall be served in person or by registered letter upon the property owner of record, or in the case of commercia properties^ may be served upon the tenant occupying the proper y. Subd. 8. Fire Lane Standards. The actual size, location and extent of required fire lanes shall be determined by the o ice Chief in consideration of the particular access need and tion on individual properties. As a minimum, all marked aij es^g nated fire lanes shall be at least 20 feet in unobstructed width, shall have at least 13 feet 6 inches of vertical clearance, s a where necessary provide for a turning radius of at least » and shall be constructed of all-weather surfacing capa e o carrying a vehicle axle loading of 5 tons (10,000 pounds). Subd. 9. Fire Lane Signs and Marking. has been ordered to be established pursuant to Sub ' Subparagraphs C or D, one or more permanent upright meta ^ 9 bearing the words "MO PARKING - FIRE LANE", or words approved by the Police Chief, shall be placed designa ^^-ians restricted area. The number, size and location of requ shall be determined by the Police Chief. A. When the fire lane is located on over the property. ORONO CC n (4-1-34) ■ . V •* § 9.34 D. When the fire lane is located on private property, the required signs shall be erected by the property owner at his own expense within thirty (30) days of the date of the order establishing the fire lane. Subd. 10. Fire Lane Maintenance. All established fire lanes shall be permanently and continuously maintained by tiie property owner to be free from obstructions including motor vehicles, trailers, equipment, storage, rubbish, vegetation or accumulations of dirt or snow. All required fire lane signs shall be permanently and continuously maintained by the property owner to be securely fastened, not visually obstructed in any way, and free from paint or vandalism. Missing or vandalized signs shall be promptly replaced. Subd. 11. Obstructing Fire Lane. Whether located on public property or on private property, it is unlawful for any person to obstruct any established fire lane at any time. Subd. 12. Required Water Supply - New Construction. The Building Official may order the installation or relocation of fire hydrants in areas not served by the municipal water system, and for uses other than single-family residential, a self-contained on-site source of water as a condition of issuance of a building permit. Source; City Code Effective Date: 4-1-84 SEC. 9.35. FIRE, nOKGLARY AND SAFETY ALARM REGULATIONS AND REQUIREMENTS. Subd.X •Purpose and Scope. A. This Section provides for regulation in the use of fire, burglary, and safety alarms, establishes users' fees, and establishes a system of administration. B. The purpose of this Section is to protect the public safety services of the City from misuse of public sarety alarms and to provide for the maximum possible service to public safety alarm users. r.u)»d. 2. Definitions. T)>e following terns, as used in this Section, shall have tlie meanings stated: 1. "Public Safety Personnel" - City employees or employees duly authorized to maintain and enforce public safety. 2. "Alarm User" - The person in control of any building, structure, or facility wherein an alarm system is maintained. ORONO CC 223 (4-1-84) (6-19-84) \ * •' / TO: FROM: Mayor and City Council Ron Moorse, City Administrator / % DATE:June 9, 1993 % % % SUBJECT:Ordinance Amendment Related to the Ground Fuel Storage Tanks Location off Above% -1,, •»-oniHT-e<5 a 50' side and rear property line The City Code currently storage tanks. This requirement is setback for storage tanks which do not have any based on the new concrete enclosed storage structural fire P^°tection The new_^^^ uniform Fire Code tanks have a one ^e located within 15' of a property enables these types c T4th meeting approved an ordinance line. The Council /‘^.^'^/^^^^^^‘'tankrwith a minimum of a one hour amendment allowing u within 30' of a side or rear property attached for formal approval. i / i 9Y TO I FROM: DATE: Mayor and City Council Ron Moorse, City Administrator September 24, 1993 SUBJECT: Watercraft Ordinance for Long Lake \ I have attached a revised ordinance regulating watercraft on Long Lake. This ordinance originally placed fairly strict requirements on personal watercraft such as Jet Skis. The revised ordinance places much more general restrictions on personal watercraft. This ordinance would also restrict speed of all boats on the lake prior to 8:00 a.m. The City of Long Lake has asked that the City Council review the ordinance to determine whether it addresses the concerns raised by the Council in relation to the initial ordinance. HOIfllt I HOFFMAN JACK 9 DAiV 0 KlNNfTH l*NC>OKrN OtKAtO H f miDfU AiiAN I MULLH3AN JAMfS C imCKSON COWAAO J OMISCOU OININ FULtIN JO»M 0 FULLMf A AOtillv C tOVl£ fAANft MAAVfY CHAAlfS • MOOfU. CHiMTOfHCA J OICT21N JOHN* tfAlTli UNOA N FiSMCA THOMAS P. STOLTMAN MCNAfV C JACKMAN JOHN C OICML JONS SWIfA/fWSKl THOMAS J FltNN JAMft P OU»«N TOOO t FSfCMAN FCrtSK SICK jfSOMl H. KAHNKI OtAALOL SICK JOHN S tUNOOUIST OATU NOLAN CiUBtATO* THOMAS S MUMfHAf V. JA JOHN A corriA* SCATA iCI a AOTHNilUA AAWW S FLUNK ITT ALMH L KtLOOW KATMUtNM NCWMAN Larkin . H offman . Daly & Lindgrfn , Ltd . ATTORNEYS AT LAW 1500 N0RWE5T FINANCIAL CENTER 7900 XERXES AVENl'E SOUTH BLOOMINGTON, MINNESOTA 56431-1194 TELEPHONE 1612} B35 3800 FAX 1612) 896 3333 MCHAtL B LilAAON CAfOOAVi K0A5TA0 GAKi^ A VANClf Vf* PAN’f L L sown5 .CI>OM VTATKOVCH Tiiy*oTHY J Mc Manus TNIOTHV j KCANf AiAN M ANOf ASON OCNNA L AOSACK MiCHAiL W SCHUK USA A GAAY CAAY A AiNNfKC CHAJS^OPHlA J MAAA»5THAL MICHAIL A AQSf ATSON SHANNON K McCAMSArOGf ¥VilUAMC OAiFflTH, JA JO>#4 J STiFFCNHAGiN CANtCL N VOSS MAAK A AUAtK JOHN A H!Ll jAMtS K MAATIN THOMAS J SCVMOUA MICHAIL J smith VKrS A NOf FACOCStCK K. HAUSIA III M*AV I. VOS LAAAV r> MAATN JANI C SAIMCA MAACF A KAIISM a N MAJItCL C NILC lA Of COUNSfL AfINOlU A ANCf ASON JOSCAH GiTtS •ALSO ADMiTTfO *4 AUSCONSN September 14, 1993 Mr. Ron Moorse City of Orono P. 0. Box 6 6 Crystal Bay, Minnesota 55323-0066 Re: Surface Water Ordinance Our File No.: 14,422-03 Dear Ron: Pursuant to our conversation, enclosed is the revised draft of the proposed ordinance regulating the surface use of Long Lake. The City council of Long Lake reviewed the ordinance and has authorized me to send it to tne City of Orono for their review prior to scheduling a public hearing. Please review the ordinance and let me know at your earliest convenience whether the amendments satisfy the concerns of the Orono city council. Sincerely/ Christopher J. Dietzen, for LARKIN, HOFFMAN, DALY & LINDGREN, bh Enclosure cc: Tod Olson, Mayor LuVerne Hanson, City Clerk Ltd. 4 i SEP 1 5 1395 CJD:XU9 b CITY OF LONO LAKE Long Lake, Minnesota ORDINANCE NO. an ordinance regulating the surface use of long LAKE The city council of the cities of Long Lake and Orono, Minnesota, hereby ordain: Section 1. PURPOSE, INTENT, AND APPLICATION. As authorized by Minnesota Statutes 86B.201, 06B.2O5, and 459.20, as now in effect and as hereafter amended, this ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Long Lake in Hennepin County, cities of Long Lake and Orono, Minnesota, said bodies of water being located entirely within the boundaries of the cities of Long Lake and Orono, to promote its fuxlest use and enjoyment by the public in general and the citizens of Long Lake and Orono in particular; to insure safety for persons and property in connection with the use of said waters; to harmonize and integrate the varying uses of said waters; and to promote the general health, safety and welfare of the citize.ns of Long Lake and Orono, Minnesota. Section 2.ADOPTION AND INCORPORATION BY REFERENCE OF ALL MINNESOTA WATERS AND WATERCRAFT SAFETY LAWS, AND BOAT AND WATER SAFETY RULES PROMULGATED BY THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES. The Minnesota Waters and Watercraft Safety Laws, Minnesota Statute, Section 863.001, ^ a£3-/ as they now exist and are hereafter by the State of Minnesota Department of Natural Resources, Minn. Rules paits 6110.0100-.2300 as the same now exist and are hereafter amended, are hereby adopted, incorporated herein by reference, and made a part hereof as it set forth in their entirety. At least three copies of said Wat* vs and Watcrciaft .Safety Laws atid Boat Water Safety Rules and Regulation, so adopted, shall be marked as official copies and filed with the offices of the City Clerk of the cities of Long Lake and Orono along with this ordinance. Section 3.VIOLATIONS OF THE MINNESOTA WATERS AND WATERCRAi T SAFETY LAWS, AND BOAT AND WATER SAFETY RULcS PROMULGATED BY THE MINNESOTA DEPARTMENT OF NATTIRAij RESOURCES Any person violating the Minnesota Waters and Watercraft Safety Laws, and the Boat and Water Safety Rules and Regulations promulgated by the Minnesota Department of Natural Resources, adopted and incorporated herein by reference, shall be subject of the penalties and punishment hereinafter provided. Section 4. SURFACE ZONING OF LONG LAKE BY RESTRICTING SPEEDS during CERTAIN HOURS. (a)During the hours of 8:00 a.m., and sunset on each and every day of the week, motorboats shall bn subject to no speed limit and may be operated at unrestricted speeds within the safety framework of Section 2 of this ordinance. (b)During the hours of sunset and 8:00 a.m., on each and every day of the week, no motor boat shall be operated at an excess of fifteen (15) miles per hour. Section 5. GENERAL OPERATION. In addition to the requirements of other laws relating to watercraft, it is unlawful to operate or to permit the operation of a personal watercraft in a manner that unreasonably or unnecessarily endangers life, limb, or property, includina weaving through congested watercraft traffic, jumping the wake of another watercraft within ICO feet of the other'watercraft, or in any other manner that is not reasonable and prudent. Section 6. ENFORCEMENT. The enforcement of this ordinance shall be the primary responsibility of the peace officers of the Orono Police Department or the Hennepin County Sheriff's Department. Other licensed peace officers including Conservation Officers of ti.e Department of Natural Resources of the State of Minnesota are also authorized to enforce this ordinance. Section 7. All authorized Resource Management, cjnergency and ^ Enforcement Personnel, while acting in the performance o,. t* e r assigned duties are exempt from the foregoing restrictions. Section 0. It shall be the responsibility of the cities of and Orono to provide for adequate notification of the pubic. 2. which shall include placement of a sign at each public watercraft launching facilitv outlining essential elements of the ordinance, as well as the ^.lacement of necessary buoys and signs. Section 9. PExVALTIES. Any person who violates the provisions of this ordinance shall be guilty of a misdemeanor punisnable by 90 days incarceration and/or a $700.00 fine or both. Adopted this _ _ day of June, 1993, by the city counc^' c' the City of Long La>e. Mayor ATTEST: City Clerk Published in the Pioneer/Laker on the . 1993. dav of yayor ATTEST: City Clerk Published in the Pioneer/Laker on the , 1993. day of CJD:XV0s 3. TO; FROM: DATE; Mayor and City Council Ron Moorse, City Administrator September 24, 1993 Ca % %O / % v>>, </ SUBJECT: Fire Service Contract With the Cit’' of Long Lake % I have attached a copy of the revised fire service contract with the City of Long Lake. This contract reflects the various terms that have been reviewed with the Council and worked out by the contract committee which has included Councilmember Kelley, myself. Mayor Tod Olson and Councilmember Hartfiel. The most significant change in the contract is the term or duration of the contract and the process for approving multi-year budgets as part of the multi­ year contract. The contract is a three year contract which means the city is committing to obtaining fire service from the City of Long Lake for a three year period unless the contract is terminated through mutual agrecinent. The disadvantage of a three year agreement is that the city loses some flexibility in terms of choosing a provider of fire service on an annual basis. The advantage is that a multi-year contract encourages a longer range perspective in terms of the service relationship. It avoids having to re-open major contract issues every year. 4 Agreipiiieiit niul Contract for Fire Prctectiflij This agreement, made and entered into this ___ day ot _________1993 by and between the City of Long Lake a municipal corporation of the County of Hennepin and State of Minnesota (hereinafter referred to as Long Lake) and die City ot _____________________, a municipal corporation of the County of Hennepin and State ot Minnesota (hereinafter leferred to as the Contracting City) witnesseth: Whereas, the City of Long Lake has the facilities and equipment and is willing and able to provide fire protection ser\’ice to the Contracting City, and Whereas, tlie Contracting City is desirous of having fire protection service furnished by the City of Long Lake Fire Department. Now therefore in consideration of the covenants herein contained the parties hereto agree as follows: 1. Definitions A. The term Contracting City or the Contracting Cities means any city which is a pany to this Agreement or similar Agreement which by its terms is interrelated with this Agreement for the purposes of sharing the custs and the services of fire protection provided by the Long Lake Fire Department. The Contracting Cities are; Orono. Medina and Long Lake. B. City Fire Se.-vice Area is the area within a Contracting City receiving tire protection trom the Long Lake Fire Department. (City Fire Service areas are shown in Appendix A. attached.) The Total Fire Service Area is the sum of ail City Fire Serx ice .A-rea.s_, .2. Services to be rendered. During the term of this agreement Long Lake shall furnish all the tire fighting services to the Contracting Cities for the Total Fire Sersice Area outlined in red on the attached map marked F.xhihit A hereinafter referred to as "The Total Fire Service Area". All of said T*'»il Fire Service Area is located within the corporate limits ot the Contracting Cities. 3. Lev el of Service Long Lake through its fire department shall endeavor to protect and save life and property from destruction by fire in the City Fire Service Area of each Contracting City to ihe same extent as it doe.s within the City Fire Ser\ ice Area of Long Lake. In the event ot two tire calls received within the same time frame, 'he call first received shall ha-2 priority and the second call shall be answered as soon as possible. Long Lake will furnish sufficient staff to each call to safely, legally and effectively operate all necessary vehicles and equipment and provide all necessary services. 4 Command ResponsibililY The Fire Chief of Long Lake or his Deputy shall have the sole and exclusive right and responsibility to prescribe the manner and rneUtod of giving the alarm for fire within tlie Total Lire Service Area and to prescribe the manner and method of responding to calls and rendering the services contemplated. The said Fire Chief or his Deputy shall immediately upon arriving at the scene of any alarm or fire emergency have *^>e sole and exclusive responsibility and authority to direct and control any and all fire fighting and the emergency operations at such scene or scenes. 5. Volunteer Fire Fighters of the Citv of Long Lake r.rr.onnel assign.^d to provide fire protection services the Contracting Cities shall be ' vili'iiteer firemen of the City of Long Lake, which City shall assume all obligations with regard to Worker's Compensation, Firemen's Relief Association, withholding tax. insurance, etc. for such volunteer firemen, if ai*\. The cost of such obligations shall be a part of the co.sts attributed to the operation of the Long Lake Fire Department and will be included in the Annu.il Budget Package. 6. Nature of Lone Lake Undertaking In no event shall this agreement be construed to fix upon Long Lake any responsibility or liability to the Contracting Cities or to third parties which are greater or different in kind than the responsibilities and liabilities borne by the Contracting Cities if they were providing such services through their own fire departments. 7. Liability Insurance Long Lake shall carry liability insurance in the amount of $ 1.600.000.00 protecting itself against damage claims of its fire fighters for personal injury sustained while in service within the said limits of the Contra.-ting Cities as hereto set forth and further Long Lake shall carry liability iasurance saving both parties harmless so far as negligent acts of the fire fighters of Long Lake are concerned. The cost of such insurance shall be a part of the costs attributed to the operation of the Long Lake Fire Depa.tment and will be included in the Annual Operating Budget. 8. Budget Package 8 1 iK’liiiitioiv. /t. Tlie Annual Operating Budget refers to the calendar ye.ir budget ot the Long Lake Hre Department during the first year of any three year period covered by this agreement. This budget will become the official Annual Operating Budget upon ratification by the Contracting Cities. 'Fhe Annual Budget may include both operating and Major Equipment items and incorporates all costs of operations including, but not limited to. the rental ot space for the tire department and discretionary funding of the Fire Benefit Association Retirement Fund. B. The Year Two Budget refers to a single number, not to be exceeded, dollar amount which will be used as the budget limit for the next calendar year in the event the Annual Budget Package is not ratified by ait Contacting Cities by October 1 of the first year of any three year period covered by this agreement. C The Year Three Fhidnet refers to a single number not to be exceeded dollar amount which will be used as the budget limit for the next calendar year in the event tiio Annual Budget Package hxs not been ratified by all Contacting Cities by Octe^ber I of the second year of any three year period covered by diis agreement. D. Tl.e Annual Budget Packaee refers to the grouping of die Annual Operating Budget, the Year Two Budget and the Year Three Budget which is submitted as a unit by the City of Long Lake for ratification by the Contracting Cities. The Annual Budget P.ickage must be ratitieu by all Contracting Cities prior to October 1 in the year submitted to become the valid budgets for the following three years. The Annual Budget Package must be accepted or rejected in its entirety. 8.2 Budget Process By August 15 of each year during which this agreement remains in effect, the City ot Long Lake will provide an Annual Budget Package covering the cost of fire protection for the next three calendar year- ITie budgets presented to the Contracting cities must have been presented to the Joint Advisory Committee prior to August 1 for discussion and review. Although it is expected that the Annual Budget Package which is provided to the Contracting Cities by the City of I.ong Lake will have the consensus support of the Joint Advisory Committee, that is not a requirement since each Contracting City has the opportunity for f.nal ratification or rejection. 9. Term of this Aereement. Tliis Agreement is for three coivract years and covers the period January 1. 1994 through December 31, 1996. A contract year covers the period January 1 through December 31 of a calendar year. This Agreement will become effective upon ratification by the Contracting Cities of all its parts including Appendix C which contains the initial Annual Budget Package. The term of this agreement niay be e.xtended as described below. 9.1 On each occai.son that the Anuual Budget Package is ratified by October 1 by the Contracting Cities, this Agreement will be renewed fer a total period of three contract year:, beginning with the contract vear ft)llowing the current contract year. Ilie details of this process are covered in sections 9.2 through 9.5 following. 9.2 When during the first contr.ict ye.u of any three yea: period covered by the Agreement the Annual Budget Pack.ige is ratified by Contracting Cities by October 1. this Agreement shall be extended by one contract year. When during the second contract year of any three year period covered by the Agreement the Annual Budget Package is ratified by Contracting Cities by October 1. this Agreement shall be extended by two contract years. When during the third contract year of any three year period covered bv the Agreement tbe Annual Budget Package is ratified by Contracting Cities by October 1. this Agreement sh.Ul be extended by three contract years. The elements of the Annual Budget Package so ratified will replace the elements of the prevhmsiy ratified Annual Budget Package. 9.3 W'hen during the first contract year of any three year period covered by the Agreement the Annual Budget Package is not ratified by Contracting Cities by October 1. the amount previously ratified as the Year Two Budget shall become the Annual Operating 1 udget for the second contract year a'^d the term of this Agreement shall not be extended. 9.4 V/ben during the second contract year of any three year period covered by the Agreement the /Annual Budget I’ackage is not ratified by Contracting Cities by October 1, the amount previc usly ratified as the Year Two Budget shall become the Annual Operating Budget for the third contract year and tbe term of this Agreement shall not be extended. 9.5 When during the third contract year of any three year period covered by tne Agreement the Annual Budget Package is not ratified by Contracting Cities by October 1, this Agreement will terminate at the end of that contract year. 10. Annual .^udit of Actual Costs The Contracting City understands and agrees that it impossible to project with complete accuracy the actual costs ot labor and etjuipment as well as the si *vice to be reejuired by each Contracting City for die forthcoming contract year and thereby hereby agrees to a yearly audit to adjust the prior year's estimated cost of service as set forLh 'we to the actual costs incurred by the City of Long Lake. On or before April 1 of each year the City of Long Lake will tabulate the actual cost of tlie fire department budget for the prior contract year and will submit to the Contracting Cities a summary of the actual costs. The actual costs set forth tor the prior contract year may rt.,c''. in either a surplus or deficit with respect to that year s Annual Opetwting Budget. Any surplus shall be refunded to the contract cities in the same ratio as the cost allocation formula. Any defi.it shall be funded by the contract cities in the same ratio as the cost allocation tor nula. It is expected that expenditures will remain within the Annual Operating Budget amounts and will only exceed such budget xmounts in die case of an extraordinary event or when mutually agreed to by the Contracting Cities as proviued in Section 12. 11 ■ Contract Payments 'llie City Budget Sharc(See Section !6.2) of each Contracting City shall be paid in equal quarterly installments on January 1, April 1, July I and October 1 of the next contract year by the Contracting City to the City ot Long Lake. Long I ake agrees to piovide the Ci'nti.uting C ity with rea‘>onably det.iile.l information rel.ifing to the actual expenditures against die Annual Operating Budget at its request and agiees to make its records available to die Contracting City for inspection for the puriiose of determining the ba.sis for the allocation of costs to fire protection. 12. Unforecasted Expenditures Notwithstanding any of the above, the Contracting CL/es shall have the right to be heard regarding any prop<)sed expenditures which are not identified in the Annual Operating Budget and which exceed $5,000.00 . Notice of such propo.sed. non-budgeted expendioires shall be given in writing to the Contracting Cities prior to actual expenditures for such items and the Contracting cities shall thereafter have 21 days in which to approve or disapprove the same in writing and if there is no response which disapproves the expenditure, it is agreed that such proposed expenditures may be made and the cost thereof shall be .ncluded in the Annual Operating Budget as if ratified originally. 13. Arbitration If a Contracting City is aggrieved by llie determination of the City of Long Lake a.s to the allocation of the actual costs of the prior year's service, the Contracting City may appeal sai.i determination widiin 30 days after receipt of the City of Long Lake's audit. Said appeal shall be in writing and shall be addressed to the City of Long Lake asking for arbitration by a board of arbitration. The Board of Arbitration shall consist of three person;.: one to be appointed by the City of Long Lake, one to be appointed by the appealing Contracting City, and the third to be appointed by the two so selected. The name of each arbitrator shall be submitted in writing to die other party. In the event that the two arbitrators so selected do not appoint the third arbitrator within 15 days after receipt of written notice of appointmert of either of the first two arbitrator's, the Chief Judge of the District County of Hennepin County shall have jurisdiction to appoint, upon application of either the Contracting Cities the appe.iling Contracting City, the third a.oitrator to the Board. 'Die third arbitrator selected shall not be a resident of either Contracting City, and shall be a city manager or administrator. The arbitrator s ex[)enses, not including counsel fees, incurred in the conduct of the arbitration, shall be divided eaually between the parties to the arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration act. Chapter 572 of the Minnesota Statutes, and any decision shall be rendered within 60 days of appointment of the third arbitrator. Said arbitration shall be binding on both panics. 14 Fit^ Funds In order to facMitate the accounting and reporting of all fire funds associated with the Annual Operating Budget, a Fire Operating Fund will be maintained b\ the City of Long Lake. No Major Equipment Fund will be maintained by the City of Long Lake on behalf of the Contracting Cities as a part of this agreement since under the provisions of Section 17 -tch Contracting City agrees to maintain an equipment Fund on its c'vn. 15. Joint Advisory Committee Each Contracting City may appoint two volunteer members t(- a Joint .Advisory Committee an<’ the name of such appointees shall be furnished to l.tmg Lake. The Joint Advisory Committee sh.ili m.et pciK'dicall) t.> d■^cuss a’u! m.iki. lecv miii.'iid.ui**;"- le;’.;; hrig coiueiii'. or puMciKs identified regarding the provisi(»n of fire service, to peril dically review budget updates. Ihe Joint Advisory Committee shall have the specific task of reviewing the Fiie Department's budget proposal for the next calendar year and arri' ing at a consensus Budget Package consisting of an Annual Operating Budget, a Year Iwo Budget amount and Year Three Budget amount by August 15 of each calendar year. 16 Co st .Sharing Formula Each of the Contracting Cities receiving fire serv’ce from the Long Lake Fire Department shall pay a share of the costs of the .Annual Operating Budget. The City s Budget Share will be based upon a formula which takes into account the Market Value of the protected property and the fire department manpower resources utilized to protect the property. The objective is to fairly allocate "insurance" type costs and "effort and variable" type cosLs. the Contracting Cities have agreed tfiat 7C% of the share allocation will be based upon Market Value and 30% upon fire department hours •expended on calls to the City Fire Service Area. 16.1 netlnition;:* A. Ci>v Fire Service Area is the area within a Contracting City provided fire protection under this contract. The City Fire Service Area for each Contracting City is shown in Appendix A attached. n. City Fire Service Area Market Value is the assessed market value of the property in the City Fire Service Area, and is based upon the assessed market value for the year immediately preceding the budget year. The .source of the assessed market value data shall be the Hennepin County Assessor's Office. C. Total Service Area Market Value is the sum of the City Fire Service Area Market_yaLues of all contracting cities. D. City Market Percent is the percentage computed by dividing the City Fire Service Area Market Value by the Total Service Area Market Value.and multiplying by 100 E. City Call Hours is the total number of fire fighter hours expended in responding to calls in the City Fire Service Area as recorded by The Long Lake Fire Department during the preceding three year period me.isured from June 1 throughout May 30. F. Total Call Hours is the total number of fire fighter hours expended in responding to calls in all contracting cities during the previous three year period measured from June 1 through May 30. G. Call Percent is the percentage computed by dividing the City Call Hours by the Tot^ CjtM Hours and multiplying by 100. H. City Budget Percentage is the percentage derived from the sum of the Qity Market Percent multiplied by 0.7 and the City Call Percent multiplied by 0.3. 16.2 ftudget. Share Computation; City Budeet Share is the City Hudeet Percentage multiplied by die Anny^) Opyrafing less any Major Fquipment expenditures and the resulting product divid 'd by 100. 16.3 Formulae for Calculations A. City Market Percent = (B x 100) / (C) percent where B » City Fire Service Area Market Value C " Total Fire Service Area Market Value B. Call Percent ■(Ex 100) I (F) percent where H = City Call Hours F Total Call Hours C. City Budget Percentage = 1 (City Market Percent x 0.70 ) + (Call Percent x 0.30 ) 1 D. City Budget Share = (City Budget Percentage /lOO) x (Annual Operating Budget less Major Fquiptnent expenditures) E. The City Budget Share of Major Equipment expenditures is determined under the provision of Section 17. 16.4 City Call Hours. Total Call Hours, City Fire Service Area .Market Values Total Fires Service Area Market Value, and City Budget Percents for 1994 are shown in Appendix B attached. 16.5 The Annual Budget Package for 1994 (Which includes the Annual Operating Budget for 1994, the Year Two Budget (for 1995), and 0;-^ Year Tliree Budget (for -1996) are shown in Appendix C attached. 17. Major Equipment Funding Each Contracting City agrees to maintain its own fund for .Major Equipment. .Major Equipment is defined as "roiling stock' or similar major equipment assets required for performing the fire department mission in the Fire Protection Area. To qualify as Major Equipment such assets must have a initial purchase value of at least $20,000.00 . When a Major Equipment item is to be purchax^'u the following process for sharing the funding will be used. 17.! Funding A. Long Lake will have the option of funding any percentage of the total which is equal to or greater than the average of its last three City Budget Percentages including the current calendar year. H. Medina will have the option of funding tlie remaining amount. If Medina does not wish to fund the total of the remaining amount, it must find at lea.st die average of its last three City Budget Percentages including 'he current calendar year and may fund more if it chooses. C. Crono will fund the balance remaining to he funded after Long l ake and .Medina have specified their funding amounts. 17.2 Termination In the event that this Agreement shall be terminated based upon the method described in Section 9.5 or by mutual agreement of all the Contracting Cities. Long Lake will have the right to purchase each Contracting City's ownership share of each Major Equipment item at the original amount funded by Uiat city. In the event that Long Lake waives its right to acquire full title to a particular Major Equipment item, the Contracting City with the large.st owner.ship share of that item shall have the right to acquire full title to the item by paying the amount funded by each of the other Contracting Cities. If that City declines to acquire full title, the remaining Contracting City may acquire title on the same terms. In the event that no Contracting City wishes to acquire full title to a particular Major Equipment item, it shall be sold and the proceeds of the sale divided between the Contracting Cities pro-rata to their original fundinj All Major Equipment items funded during die term of the contract, including extensions, will be covered by this terminating procedure. The dissolution language applies to all equipment purchased, and fund balances accrued, since January 1 of 1993. This language is not intended to address any claim cities may have regarding equipment purchased prior to January 1. 1993. 18. Terminatiiin of this Agreement lliis Agreement may be terminated by either the method detailed in Section 9 or by mutual agreement of all Contracting Cities. Upon termination, the method described in Section 17 will be used to distribute Major Equipment assets and the audit of operating costs for the final year of the Agreement shall govern the handling of amounts due between the Contracting Cities. All incidental materials and equipment will remain with the Long Lake Fire Department. 8 APPENDIX B Citv Fire Service Area Statistics Lona Lake Fire Department Call Hours Total Ore no Long Lake Medina Hours %Hours %Hours % 6/1/90 to 12/31/9 1762 990 56.19%615 34.90%157 8.91% 1/1/91 to 12/3I/9I 2962 1926 65.02%659 2Z25%377 12.73% 1/1/92 to 12/31/9 3009 2347 78.00%486 16.15%176 5.85% 1/1/93 to 5/30/93 1041 656 63.02%355 34.10%30 2.38% Total 8774 5919 67.46%2115 24.11%740 8.43% Annual Ave 29251 1973 705 247 1994 City Call Percentaae 67.46%24.11%8.43% 1993 City Fire Service Area Market Values (Million %)392.45 90.99 39.89 1994 City Fire Service Area Market Value Percentaae ____74.99%17.39%7.62% 1994 City Budget Percentaae 1 7 2.73%19.40%7.87V. Appendix C 1993 Annual Budaet Package 1994 Annual Operating Budget S121.000 Orono Long Lake Medina 1994 City Budget Share using 1993 Market Values 1 $88,006 72.73%$23,477 19.40%$9,518 7.87% Year Two Budget $125,840 Orono Lcnq Lake Medina Year Two City BudgetShare usin 1993 Market Valu $91,526 72.73%:24.416 19.4. 0 $9,898 7.87% Year Three &jdget $130,874 Orono Long Lake Medina Year Three City Budget Share using 1993 Market Values $95,187 72.73%$25,392 19.40%$10 294 7 87% TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator September 24, 1993 ^ SUBJECT: Long Lake Police Service Contract \ V All substantive issues related to the police service contract between the cities of Orono and Long Lake have now been resolved. The agreement is a three year contract. The three year agreement operates very similarly to the three year fire service agreement. The agreement is attached for Council review and approval. agreement and contract for LAV7 ENFORCEMIjNT THIS AGREEMENT AND CONTRACT made and entered into this _ _ _, 19_ _, by and between the CITY OF ORONO,“MU^^sota andThTciTY OF LONG LAKF, Minnesota, is mado under and by virtue o£ Minnesota Statutes, Sectxon ■1/’.E9. WITNESSETH; WHEREAS the Citv of Long Lake is desirous of contracting with the City of Orono for the performance of 'aw enforcement services within the City of Long Lake, and WHEREAS, the City of Orono is agreeable to render law enforcement services on the terms and condit.ions hereinarter set forth, and WHEREAS, a contract such as this is authorized under and by virtue of Che provisions of Minnesota Statutes, Section i-71.59. NOW, THEREFORE, Che City of Orono agrees Chat it will provide law enforcement services for the City of Long Lake on t.he following terms and conditions and the City of Long Lake agrees as lOilows; 1 n„f<nirinn of terms. For the purpose of this Agreement, the terms in this Agreement shall have the meanings given to them in Chis section. A. "Contract year" means a 12 month period during which law enforcement services are to be rendered or were rendered to the Contract C;.ties by the City of Orono. The contract year shall commence on Januiary 1 and terminate on the next Decemb 31 . H. "Contracting Cities" means any city which is u pait> tc« this contract or a similar contract which by its . interrelated with this contract for the purposes of the total cost for law enforcement services. The cities are Orono. Long Lake. Minnetonka Beach, and Spr g Park. C. "City of Orono Police Budget" shall preliminary estimated and actual costs of operating e Page 1 i. Department of the City of Orono for a given contract year, including but not limited to. 1. All insurance costs including E’ERA, OASI, Workers Compensation Liability. 2. All Salaries, fringe benefits, overtime. 3. All costs of equipment and apparatus acquisition and maintenance. 4. All non-prosecution consulting fees. 5. Holiday and severance pay 6. Unemployment benefits paid 7. Utilities. 8. Telephone Service 9. Gasoline and oil for police cars 10. Books and periodicals. 11. Wearing apparel. 12. Officer -_quipment. 13. Rental costs or estimated fair market rental value of building. 14. All other expenses normally and reasonably incidental t (' 11.'"’ C)p'.‘ra^ i' >n c>f a cifficor, Cfiicf includ. d, police department. 15. Administrative overhead charge of 10% of all the above costs. 2. Public Image. The designation "Orono-Long Lake-MinnetonKa Beach-Spring Park Police Department" shall be affixed a police cars used by the Orono Police Department unaer ^ ® terms of this agreement and the City of Orono shall cause t e Page 2 listing for the Police Department for each Contract City to be inserted in the appropriate telephone directories as may be distributed in the contracting cities If another city contracts with the City of Orono for service, its name may also be added to the above. 3 Level of Service^ The quality and level of services -^ndeTS t^ThTcS^^ract Cities shall be the same as the services rendered to the City of Orono, except as hereinafter s tated. ir is the desire of the City of Long Lake to purchase from the Citv of Oror.o police service beyond Che basic service; such service Co be delivered in a method that provides service equivalent Co Chat which would be received had Long Lake hired two individual officers to serve it exclusively. The eauivalent of two full-time officers is agreed to be a total of 3640 in-service hours per year (35 hours per ofiicer per week for 52 weeks) because provision is maoe for vacations, sick days, training, etc. This two officer equivalent will be urovided in Che form of staff hours served within the boundar.-a of Che City of Long Lake. The exact number hours during any given month may vary by mutually agreed u=.on scheduling, but the aggregate average over the hours per week with variations of plus or minus any given week being considered acceptable delivery of the contracted extra service. During the period in which such additional service hours are proviLd, Che staff member(s) assigned to provide such - will be physically within the city 1-mits of Long Laxe at all times save for the following: A ,Hn-. to N.yrrs.iry r.il 1 r which arc defined a- calls ere.,ted by i,nmediate necessity for police “vivitc. such as responding to a medical emergency, a ^ progress, an officer requiring 'epors such ca ,s will always be a part of the log of the Orono Police official responding will have been ir p.ii communication to respond to the Necessary Page 3 L_ B. Scheduled travel to the Orono Police Department Offices at the beginning or end of shifts, or for break periods as called for by Union Contract. C. Looping through Orono as a part of regular patrol patterns through the City of Long Lake. The loops that are permitted will have been agreed upon in advance by the Long Lake representatives to the Police Commission. D. Transporting prisoners to the Orono Police Department, Hennepin County Jail, Juvenile Detention Center, Detox Center, or other locations as necessary. There shall be the equivalent of four aaditional officers, who when on duty shall be stationed within the City of .Soring Park. During the period in which supplemental police service are provided, the staff member (s) assigned to provide such service will be physically within the city limits of Spring Park at all times save for the following: A. Responding to Necessary Calls which are defined as calls created by immediate necessity for police service, such as responding to a medical emergency, a crime in progress, an officer requiring immediate assistance, etc. Such calls will always be a part of the communications log of the Orono police department and the officer responding will have been directed by official communication to respond to the Necessary Call. B. Scheduled travel to and from the Orono Police Department Offices at the beginning and end of shifts, or for break periods as called for by union contract. C Looping through Orono nr. a parr of rcgul.ar patrol patterns thiough the City of Spring /'atk. ihe loop^ that are permitted will have been agreed upon in advance by Spring Park. D. Transporting prisoners to the Orono Police Department, Hennepin County Jail or Juvenile Detention Center, Detox Center or other locations as necessary. 4 . Administrative RespontibilitV- '^he law enforcement cervices rendered to the Contract Cities shall be unde^ c e Face 4 Gole direction of the City of Orono. The degree of services rendered, the standards of performance, the hiring and discipline of the officers assigned, and other matters relating to regulations and policies, shall remain in the control of the City of Orono. Any disputes between the parties to this agree.nent as to the extent of functions and duties to be rendered hereunder, or the level or manner of performance of such service, shall be resolved by the City Administrator of the City of Orono. If a Contract City disagrees with the resolution, the Contract City may appeal within thirty days of receipt of written notice of the resolution, by giving written notice to the City o.^ Orono asking for arbitration, as provided in paragraph 14B. The CitV Administrator of the City of Orono, through the Chief of Police, shall submit to the Contract Cities a monchl: report of services rendered to the Contract Cities, as well as suggestions regarding any changes that may be helpful, and a quarterly budget update. These reports will include copies of Bureau of Criminal Apprehension Criminal Justice Information summaries for law enforcement services rendered within the Contract Cities. 5 jnjnt Advisory Committee. Each Contracting City may appoint two volunteer members to a joint advisory committee and the name of such appointees shall be furnished to the City of Orono Administration. The Joint Advisory Committee shall meet periodically to discuss and make recommendations regarding concerns or problems identified regarding the provision of police service and to periodically review budget updates. The Joint Advisory Committee shall have the specific task of reviewing the Police Department's budget proposal for the next calendar year and arriving at a consensus Budget Package consisting of an Annual Operating Budget, a Year i Budget, amount mid Y<mr Thror- Budget amount- by Augu.sL 3 S o each calendar year. 6. Officers. Emclovees of_-T.he Cify pf ^^nolice assigned to duty in the Contract Cities s a ® assume officers of the City of Orono. The City of Orono s a all obligations with regard to workers withholding tax, insurance, etc. arising tro V*.miired of such officers. The Contract Cities shal not. . w; i to furnish any fringe benefits or ass’ime any ot .er of employment to any officer as.-.gned to duty withi Page 5 Contract Cities unless a Contract City employs officers directly, independent of this agreement, to provide special law enforcement services in the Contract City. In such event, all obligations and liabilities with respect to employment of soecial law enforcement officers shall be the complete responsibility of the Contract City. No such direct employment shall be entered into by the Contract City without firstobtaining written approval of the City Administrator of the City of Orono which approval shall not be unreasonably withheld. q Rnforcement Policies. Enforcement policies within the City of Orono shall prevail as the enforcement policies within the Contract Cities. The enforcement policies of the City of Orono shall be provided in writing to the Contract Cities. 6. Enforcement of Ordinances of the Contract Cities. The City of Orono officers assigned to duty within the Contract shall enforce the Ordinances of the Contract Cities. 9. All Off^r-pr.q to be Officers of the Contract Cities., The assigned duty within the Contract Cities shall be provided authority to enforce the several laws of the Cities by proper action to be taken by the governing councils of the Contract Cities. The Chief of Police of the City of Orono shall furnish the names of all Orono police officers to the Clerks of the Contract Cities. 10. Offenses. All offenses shall be charged in accordance with the ordinances of the Contracting City in which the offense occurred in each case possible, otherwise, the charge shall be made in accordance with the laws of the State of Minnesota or the laws of the Federal Government. 11. Coimnunicat ions. EnuipmtM>L and Ihe City o,. Orono shall furnish communication eqviipment necessary to perform the services which are to be rendered. The City of Orono shall provide the necessary equipment and vehicles and the Contract Cities shall provide any necessary supplies whic. must be specifically printed for the Contract Cities. 12. CoQceration and Assistance from the Contract City of Orono and the Contract Cities shall have u Page 6 cooperation and assistance from each others officers, agents, and employees.1 T Headauarters^ Headquarters ror the services rendered to th Contract Cities under the agreement shall be located at offices owned or leased by the City of Orono, and the citizens of the Contract Cities shall notify headquarters, or radio disoatch for services requested either in person or by some othir means of communication. Services shall be rendered to the Contract Cities on a 24 hour basis. 14. to the Cnnr^-act Cities^ rost -hpT-ln- the Total Base Cost.^ For and^in consideration of provision ot Law Enforcement services under this agreement, the Contract Cities shall pay total case costs determined by the formula, as illustrated in «ppendi.< A, each contract year. The factors of the formula which shall be weighed equally, shall be defined as follows: uoo.,i.tinn of t^oh conttactipg Cityj. The population of each ContracTing City commuted as^ t;,^“°^can each contract year from the then most recent Council estimate, except in a census a new census figure available by August 1st, then that figure shall be used. £ r. U vtjr’ri na Citv: The market valuatiln oreaTh Contracting ci"4 is based on taxes due and payable for the data (-nritract vear. The source of the assessea vuj.u conCrac y of thf' Hennepin Countyr.lian l»e t h'‘ official fiomt.. oi cn. Assessor's Department. B. ro T.ona Lake - AddiUaiia^ianoowar^ Th^ additional manpower above the base cost oont-a City of Long Lake, shall be determined as folio The actual salary of officers Long Lake shall be computed. To this sal ry ^ be added at a percentage of the times all officers divided by the number of all officers Page 7 the number of specific ofticers, 83 hours of holiday pay at the hourly rate, wearing apparel, hospitalization, life insurance , memberships, workers compensation and pensions calculated at the salary figures above. This total is then added to the total cost per contracting city (total plus support service charge, net of town aid) for Long Lake to determine cost of service for . Long Lake for the new budget year. This procedure is illustre'ted in Appendix A. This cost will be an actual cost. It is understood that the City of Long Lake may, due to budget consideration in any contract year at the beainning of the contract year, adjust the number of additional officers in which event they shall pay all those extraordinary costs as outlined in the second paragraph of Section 19 of this agreement. C. rnat to Spring P^r-k - Additional Manpower. The cost of additional manpower above the base contract cost to the City of Spring Park, shall be determined as follows: The actual salaries of officers assigned to the City of Spring Park shall be computed. To this salar^/ figure will be added that percentage of the total overtime budget for all officers calculated by dividing the number of officers assigned to the City of Spring Park by the number of all officers, 88 hours holiday pay at the hourly rate, wearing apparel, hospitalization, life insu.-ance, memberships, workers compensation and pensms calculated at the salary figure above. This total is then added to the total cost per Contracting City (total plus support service charge, net of town aid) for Spring Park to determine cost of service for Spring Park for the new ron’rract year. Thi.''. procedure is illustrated in Appendix A. Txiis cost will bt; un acLuux cost. It is understood that the City of Spring Park may, due to budget considerations in any contract year, at t e beginning of the contract year adjust the nu er o additional officers, in which event the City o Park shall pay all extraordinary costs as outline in second paragraph of Section 19 of this agreement. Page 8 15. Budget Pack^g^ 15.1 Definitions ^ The Annual Oppratino Budget refers to the calendar yea- budget of the Orono Police Department during the first year of any three year period covered by this agreement. This budget will become the official Annual operating Budget upon ratification by the Contracting Cities. The Annual Budget incorporates all costs of operations. Q Turn Budget refers to a single number, not to be exceeded, dollar amount which will be used as the budget limit for the next calendar year in the evenr the Annual Budget Package is not ratified by all Contracting Cities by October 1 of the first year of any three year period covered by this agreement. Q Tbe v^ar Three Budget refers to a single number not to be exceeded dollar amount which will be as the budget limit for the next calendar year in the event the Annual Budget Package has not been ratified by -- contracting Cities by October 1 of the second year of any three year period covered by this agreement. City of Orono for ratification by the Contracting The Annual Budget Packaae must be ratifie y Contracting Cities prior to October 1 in ^ submitted to become the valid budgets for the throe years. The Annual Budget -ackngc must be accepted or rejected in its entirety. 15.2 Budget Process By August IS of each year during which I^^uir ^udg« rest of Police Page 9 been presented to the Joint Advisory Committee prior to August 1 for discussion and review. Although it is expected that the Annual Budget Package which is provided to the Contracting Cities by the City of Orono will have the consensus support of the Joint Advisory Committee, that is not a requirement since each Contracting City has Che opportunity for final ratification or rejection. r-.-.php.irf Payments. The City Budget Share (See Appendix A) of each Contracting City shall be paid in equal quarterly installments on January 1, April 1, July 1 and October 1 of Che next contract year by the Contracting City to the City of Orono. Orono agrees to provide the Contract Cities with reasonably jjgtailed information relating to its estimated expenditures its actual expenditures so as to adequately inform them of the basis for the calculation of billings made by Orono. Under the provisions of this contract, Orono agrees to make its records available to the Contract Cities for inspection for the purpose of determining the basis for the calculations Orono under the provisions of this section. 17. Arbitration. If the Contracting City is aggrieved by the determination of the City of Orono as to the allocation of the actual costs of the prior year's service, the Contracting City may appeal said determination within 30 days after receipt^of the City of Orono's audit. Said appeal shall be in writing and shall b. addressed to the City of Orono asking for arbitration by a board of arbitration. The Board o Arbitration shall consist of three persons; one to be appointed by the City of Orono, one to be appointed by the appealing Contracting City, and the third to be appointee y th<? two ro ro}rcAr>a. The of cich arbitrator shall be submitted in wiiting to the other party. In the event the two arbitrators so selected do not appoint the third arbitrator within 15 days after receipt of written notice of appointment of either of the first two arbiti^cors, t e it- Judge of the District Court of Hennepin County ® * rtrv jurisdiction to appoint, upon application of either t * of Orono or the appealing Contracting City, ^ * u arbitrator to the Board. The third arbitrator not be a resident of either Contracting City, and shall Page 10 { - I city manager or administrator. The arbitrators' expenses and fees together with the other expenses, not including counsel fees' incurred in the conduct of the arbitration, shall be divided equally between the parties to the arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes, and any decision shall be rendered within 60 days of appointment of the third arbitrator. Said arbitration shall be bii-ding on both parties. ,8 Anrtir of Actual Co3t^ The Contract Cities understand and agree that it is impossible to project with complete accuracy the actual costs for labor and equipment as well as the service to be required by each Contracting City for the forthcoming contract year, and therefore, agree to a yearly audit to adjust the prior year's estimated police service cost as set forth above to the actual police service cost based upon the actual costs for that contract year. On or befo.re April 1 of each year, the City of Orono will tabulate the actual cost of providing law enforcement services for the prior contract year and will submit to the Contrac. Cities a summary of said costs. The actual costs set forth for the prior contract year may result in either a credit or a debit applied to the estimated police service costs =hargea to the Contract Cities. If a Contract pty iS s participating in this agreement, ® fourth the credit shall be deducted in each of the third and fourth quarters from the estimated police service required of the Contract City for the current y®" and if a debit, the Contract City shall pay the to the City of Orono together with the estimate charge for the currcn; year by adding one ha-f of both the third and fourth quarter payments. The al i* the credit o, debit sir, 11 be made pursuant to the same formula set forth above. If a Contract City is participating in this agreement at the time e _ , debit amount is determined as set forth above, shall City shall receive from (in the case of a c.e ^ cash make to (in the case of a debit) the City of payment in the amount of such credit cost dace that the third quarter estimated poll payment would be due if this ®“icimated pol. ce cin©-half cn the date that the fourth qua Page 11 ervice rost pa>TT^ent would be due if this agreement was still in force. vTa-rm'tess and Indemnification. As part of the Police Budget ”~~f or each contract year, the City of Orono shall purchase liability insurance to insure the City of Orono against liability incurred in the rendering of law enforcement service.s to the Contract Cities. The City of Orono shall maintain insurance covering its police services with limits of not less than $600,000 for general liability coverage and $2 million for excess liability coverage. However, the amount and extent of insurance coverage may not be sufficient to insure the City cf Orono and the Contract Cities completely and to pay all expenses incurred by the City of Orono, including attorneys' fees and judgements rer^dered against the City of Orono and/or the Contract Cities. Therefore, the City of Orono exposes itself to potentially underinsured and noninsured liabilities. Notwithstanding any language to the contrary herein, the Contract Cities agree that the City of Orono is faced with such an exposure and theretore the Contract Cities agree to hold harmless and indemnify the City of Orono, its employees and agents for any loss or damage of any kind whatsoever caused by the rendering of law enforcement services in the Contract Cities to t.he extent that the loss or damage and all expenses related thereto are not covered by the insurance policies of the City of Orono in effect during the contract year in which the act or alleged act giving rise to any claim for loss or damaged occurred. In no event shall this agreement be construed to fix upon City of Orono any responsibility or liability to the Contract Cities or to third parties which are greater oi different in kind then the responsibilities and liabilities borne by t e r, riti-'s if tlK-y vivrc providing law enforcem* nt seivices through their own police department. limiting the generality of the foregoing, the police c.iic the City of Orono or his designee will have the^ so.e discretion as to the officer and equipment that wi ©nswer police calls, and it shall not be a violation ° agreement nor shall the City of Orono be held responsi ® the Contract Cities or to a third party for any oss r result in the event tnat the City of Orono, in the exercia reasonable judgment, is unable to respond prompt y or Page 12 respond with only limited officers and equipment, or is delayed in responding to a call by reason of answering a previous call. The Contract Cities agree that they will hold harmless and indemnify the City of Orono for any judgement rendered against it or sums paid out by it in settlement, payment or defense of any such claims, to the extent the City of Orono is uninsured or underinsured arising out of any calls for police services to be rendered in the Contract Cities under the policies of insurance the City of Orono is required to maintain as set forth above. 20. TTnforecasted Expenditures. Not withstanding any of the above, the Contract Cities shall have the right to approve any proposed capital expenditures and/or increase in number of officers not otherwise included in the annual budget. Notice of such proposed and non-budgeted capital expenditures and/or increase in the number of officers shall be given in writing to the contracting cities prior to actual expenditure for such items and the contracting cities shall thereafter have until the later of their next Council meeting or 30 days after receipt of said written notice in which to approve and/or disapprove the same in writing or else it is agreed that such proposed expenditures may be made and the cost thereof shall be included in that year's budget. In the event the Contracting Cities shall disapprove such non-budgeted capital expenditure and/or increase in the number of officers, it shall not be liable to the City of Orono for any costs incurred by the City of Orono should the non-budgeted capital expenditure and/or increase in number of officers be made despite such disapproval. Furthermore, the cost of such disapproved capital expenditures and/or Increase in number of officers shall not be computed in determining the "Base Cost or "Contract Charge" herein above set forth for each c .j'Mt I act i Jig city f<" t h^' y-'nis in which the d i sapproved expenditure(s) is/are made. 21. Prior Contract. Notwithstanding any language herein to the contrary, or in prior contracts between the parties, any credit or debit due to the Contract Cities or to the City of Orono on account of prior agreements and contracts for law enforcement between the parties shall be payable in 1994 as provided herein for credit or debit payonents payable in 19 and thereafter. Page 13 22. Police Con^,ract Service Explanation, The City of Orono will deliver 24 hour patrol and response throughout Minnetonka Beach, Spring Park and Long Lake will conduct routine patrol throughout the city as needed, and will conduct periodic security checks of businesses and will conduct such duties as requested by the Contract City's councils. The City of Orono will submit regular reports to the Contract City officials and appear at council meetings or any other special meetings as required by the council. This can be the Chief or any other member of the department as required by the council. Fou^ officers wf re requested by Spring Park and will be assigned to Spring Park by mutual agreement between the City of Orono Police Department and the Spring Park City Council. Two officers were requested by Long Lake and will bs assigned to Long Lake by mutual agreement between the City of Orono Police Department and the Long Lake City Council. 23. T^rm of this Agreement,, This Agreement is for three contract years and covers the period January 1, 1994 through December 31, 1996. A contract year covers the period January 1 through December 31 of '• ".‘■'endar year. This Agreement will become effective upon ratir w\tion by the Contracting Cities of all its parts includinc. Appendix A and Appendix B which contains the initial Annuax Budget Package. The term of this agreement may be extended as described below. 23.1 On each occasion that the Annual Budget Package is ratified by October 1 by the Contracting Cities, this Agreement will be renewed for a total period of three contract years beginning with the contract year following the current contract year. The details of this proces.o are covered an .nectionr: 2'^.? tlirfuiqh 23.3 following. 23.2 When during the first contract year of any three year period covered by the Agreement the Annual Budget Pac age is ratified by Contracting Cities by October 1, this Agreemen shall be extended by one contract ye..r. When urii^ e second contract year of any three year period covere y * Agreement the Annual Budget Package is ratified by Contracting Cities by October 1, this Agreement shall be extende y contract years. When during the third contract year o a Page 14 j i three year period covered by the Agreement the Annual Budge Package is ratified by Contracting Cities by October 1, this Agreement shall be extended by three contract years. The elements of the Annual Budget Package so ratified will replace the elements of the previously ratified Annual Budget Package. 23.3 When during the first contract year of any three year period covered by the Agreement the Annual Budget Package is not ratified by Contracting Cities by October 1, the amount previously ratified as the Year Two Budget shall become the Annual Operating Budget for the second contract year and the term of this Agreement shall not be extended. 23.4 When during the second contract year of any three year period covered by the Agreement the Annual Budget Package is not ratified by Contracting Cities by October 1, the amount previously ratified as the Year Two Budget shall become the Annual Operatlug Budget for the third contract year and the term of this Agreement shall not be extended. 23.5 When during the third contract year of any three year period covered by the Agreement the Annual Budget Package is not ratified by Contracting Cities by October 1, this Agreement will terminate at the end of that contract year. This Agreement may be terminated by either the method detailed in section 23, or by mutual agreement of all Contract Cities. If any one of the Contract Cities terminates this Agreement, the ether Contract Cities may terminate or reconfigure the Agreement. In the event that a Contract City terminates this Agreement with or without cause, the Contract City agrees to pay to the City of Orono an> of t ho o>.t raordi mry conf c incurred by or within the Police Department of the City of Orono on account of such termination; said costs include but are not limited to unemployment benefits paxd because of the need to lay o existing police department personnel and those costs occasioned by the need to reduce overhead because o t e termination of this agreement. Extraordinary costs sha include the costs of day to day operations of t e po ic department of the City of Orono at level of performance quality of it's choice. Page 15 PROVIDED, HOWEVER, Cha*: no such termination costs shall be imposed unless and until authorized representatives of the parties hereto have met and such termination costs have been mutually agreed upon. In the event the parties are unable to reach agreement, the matter shall be submitted to arbitration Qg pj^Q\^ided in paragraph 14B of this agreement. Termination of this contract by either party shall not affect the obligation of either party to perform the contract prior to the time that such termination becomes effective. All Contract Cities signing this agreement agree to participate in a pro rata share of all the operating costs of the department's total base cost based upon a nine officer department. It is understood that the formula for allocation and the distribution of costs will be calculated yearly as illustrated in Appendix A. 24. |Mo niacrimination. The City of Orono agrees that during the period of this contract, it will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, sex, national Qrigin, or ancestry and will include a similar provision in all subcontracts entered into for the performance hereof. This paragraph is inserted in the contract to comply with the provisions of Minnesota Statutes Section 181.59. Page 16 L. CITY OF ORONO CONTRACTING CITY City Administrator Clerk City of Long Lake Mayor Mayor The above agreement was reviewed and approved by the City Council o£ the City of _ _ _ _by Resolution No. - - - - - - dated , 19 The above agreement was reviewed and approved by the City Council of the City of _ __ _ _ _ _ _ _ _ _ _by Resolution No. - - - - - - - dated _ _ _ _ _ _ _ _——- -* Page 17 'A % • ■V or ORONO - POLICE DEPARTMENT rRIBOTION OF COSTS VICE YEAR 199* ORCNO |■•"C£NT APPLIED £ BUDGET r:i CHARGE (10%) W-N AID CREDIT Mj base DITIONAL OFFICERS H AID ORT SERVICES .■w ADDL OFFICEP.S »D TOTAL 6a .44V $606,388 60,639 667,027 (28.747) $638,280 $638,280 ^ONG LAKE 13.82% m s $122,401 12,240 134.641 (5,303) $128,838 $106,932 (10,250) 5,317 $101,999 $230,837 MINNETONKA BEACH 6.72% $59,534 5,953 65,487 (2,822) $62,665 $62,665 SPRING PARK 11.02% ■ 9axssBse«BSWi> $97,63- 9,763 107,397 (4,623) $102,763 $213,942 (20,500) 10.640 $204,082 $306,850 PD94BUD1 TOTAL 100.00% $885,956 88,596 974,552 (42.000) $932,552 $320,874 ($30,750) $15,957 $306,081 $1,238,633 V -• Vd ^ . •• • .*< long1994 SERVICE YEAR exhibit C Ejected salaries, 2.0 Officers Overtime Holiday Pay P.E.R.A. - City contribution FICA/MDCR - City contribution Health - Life insurance •worker Compensation Insurance Clothing t personal Equipment Total Deduct Town Aid Credit Support Services (5.5%) Total Additional Officers Total Base Cost Total Cost of Service t • $79,500 2,500 3,394 9,735 450 6,717 3,986 650 $106,932 (10,250) 96,682 5,317 101,999 128,838 $230,837 PD94BUD3 4 SPRING PARK additional MANPOWER 1994 SERVICE YEAR EXHIBIT D Projected Salaries, 4.0 Officers Overtime Holiday Pay P.E.R.A. - City Contribution FICA/MDCR - City Contribution Health - Life Insurance Marker Compensation Insurance Clothing t Personal Equipment Total Deduct Town Aid Credit Support Services (5.5V) Total Additional Officers Total Base Cost Total Cost* of Service $159,012 5,000 6,788 19,471 900 13,436 8,035 1,300 $213,942 (20,500) 193,442 10,639 204,082 102,760 $306,850 PD94BUD3 4 1 • I• : . ■ • (% police ^ser Sice contract BUDGET YEAR 1994 POLICE department EXPENSES 1994 - -— = = (*B*S*S«: XX s ~ s s SALARIES - REGULAR OVERTIME - REGULAR ?SlES - P.T. OFFICERS SALARIES - TEMP CLERICAL HOLIDAY PAY <LELS) CERA - CITY CONTRIBUTION i lCA/MDCR - CITY CONTRIBUTION HEALTH INSURANCE worker^com^nsation insur^^ce OFFICE SUPPLIES MOTOR FUELS & LUBRICANTS CLOTHING & PERSONAL EQUIPMENT BLDG t GROUNDS M&R SUPPLIES EQUIPMENT PARTS & ACCESS BOOKS & PERIODICALS training SUPPLIES DARE PROGRAM LEGAL CONSULTING SERVIC-S OTHER CONSULTING SERVICES TELEPHONE PrInT ING / PUB LISHING / AD VERT ISING TJTILITIES ^IADIO RENTAL OFFICE fc BUILDING RENTAL lAINT - OFFICE EQUIPMENT LAINT - AUTOMOTIVE EQUIPMENTSint - miscellaneous equipment .-lAINT - BLDGS & GROUNDS JANITORIAL SERVICES *'ATA PROCESSING SERVICES ■" ETINGS - CONFERENCES - SCHOOLS aNERAL LIABILITY INSURANCE ROPERTY IMSimANCFS UMBRELLA l.JABJliJTY ] NEUilALCE INSURANCE AGENT OF RECORD ^MEMBERSHIPS TRAVEL-MILEAGE-PARKING meeting expenses LICENSES 6 TAXES other CHARGES 3UILDINGS k STRUCTURES OFFICE FURN-FIXT-EQUIPMENT AUTOMOTIVE EQUIPMENT other EQUIPMENT POST TRAINING REIMBURSEMENT $688,210 15.000 18,020 6,400 20,925 84,240 7,370 52,400 4,200 32,610 7.000 26.000 8,200 500 5.000 1,000 2,000 1,800 1,000 7.000 7,700 2.000 3,550 9.500 17,500 43,569 3.000 17,500 2.000 500 6,000 24,871 11,000 10,076 6,382 7,3ro 1,237 1.230 650 1.000 180 100 500 1.000 40,000 2.500 (5,000) TOTAL $1,206,830 PD94BUD2 ••0AORONO POLICE SERVICE CONTRACT BASE BUDGET FORMULA FACTORS BUDGET YEAR 1994 PD94BUD1 . ORONO LONG LAKE MINNETONKABEACH SPRING ' PARK TOTAL KILATZON 7,303 1,995 612 1.734 .11,644 )r TOTAL 62.72%17.13%5.26%14.89%100.00% wrr 50%31.36%8.57%2.63%7.45%50.00% xrr VALUE $625,445,300 $88,525,600 $69,008^300 $60,279,900$343,259,100 r TOTAL 74.17%10.50%8.18%7.15%100.00% Birr 50%37.09%5.25%4.09%3.57%50.00% %L PERCENT 66.44%13.82%6.72%11.02%100.00% ■i f • '* it. i.. ?,, I /7 Date: To: From: Subject: September 24, 1993 Ron Moorse, City Administrator Steve Sullivan, Chief of Police Willow & Hwy. 12 Task Force f «&» “ %There was a meetin9 of the Task Force on September 16, 1993% There were representatives of the City of Orono, the City of Long Lake, the Orono School District, MN DOT, and Dave Peterson present. Many possible interim solutions were discussed including prohibition of left turns, placing warning signs, increased traffic enforcemert, and various increased public awareness methods. The consensus was that there was no easy solution and no single solution that was obviously best. Several suggestions such as a no left turn sign, reduced speed 2one, and warning signs were given to the MN DOT representative, Robert Vasek, to take back to discuss with MM DOT staff. It was not clear whether MM DOT would agree to placement of a no left turn sign even if both cities requested it. He was to get back to the Task Force with that typo of information ASAP. /; TO: FROM: DATE: SUBJECT: tj'sRon Moorse, City Administrator John R. Gerhardson, Public Works Director September 22, 1993 Roof Repair Crystal Bay Post Office % % % 3 The roof at the Crystal Bay Post Office has developed leaife- I have had three roofing contractors look at the roof to determine if temporary repairs can be done now. Each contractor has indicated that the entire roof needs replacement due to its age. It is the original roof. The bids for replacement are as follows: Dalbec Roofing Rooftop Engineering Plymouth Roofing $6,950.00 $5,826.00 $5,300.00 It is recommended to award the bid to Plymouth Roofing for an amount of $5,300.00. TO; FROM: DATE; SUBJECT} /'? ^/>y NOa Ron Moorse, City Administrator John R. Gerhardson, Public Works 'oirecto September 21, 1993 Easement Acquisition Old Crystal Bay Road Bridge 9 As part of the bridge replacement project on Old Crystal Bay Road, it is necessary to acquire Temporary and Permanent easements. We will need to acquire easements from four properties adjacent to the bridge construction limits. We have acquired one Permanent and Temporary easement previously. We have now completed the necessary negotiations with VCI Capital Inc. and are recommending approve’ of the following amounts for the easement. Permanent & Temporary easements Property Owners Consultant Legal Fees Total 3,900.00 648.00 $4,440.00 The above amounts are reimbursable to the City from Municipal State Aid Funds. TO I FROM: DATS: Mayor and City Council Ron Moorse, City Administrator September 24, 1993 ^<2 % oa /* SUBJECT: Maintenance of Roadways {Public/Private) Attachments: Charts Showing Information About Roads Currently Privately Maintained There are currently approximately 55 miles of roads in the city that are maintained by the city. There are currently approximately 14 miles of privately maintained roads. Approximately half of these meet the city's current roadway standards. Somewhat less than half of these would need major reconstruction in order to meet city standards. In general the city has not taken on responsibility for new roadways developed since the 1970's. The current city policy provides that new development is served by private roads that are maintained by homeowners associations. This policy is based on the city's Comprehensive Plan, which indicates the city will not the provide the full range of "Urban services" to the developing rural areas. This includes such things as sewer, water and roads. The city has in recent years received requests from residents living along privately maintained roadways for the city to take on the maintenance of those roadways. Their concern is that although they pay the same property taxes as other city residents, they do not receive the same level of service. In determining whether to change the current policy regarding the maintenance of roadways there are two major issues to consider. The first is the equity issue as raised by the residents on privately maintained roads -- Should the city provide the same level of roadway maintenance to all property owners? The second i.‘;r.ue is the cost impact to the <'ity of increasing the miles of road it maintains. There are five areas of costs related to roadway maintenance. 1. Snow and ice control. 2 General maintenance. 3. Sealcoating. 4. Overlays 5. Reconstruction. The first two are on-going costa that occur every year. The last three are costs which occur cnly periodically, but are much higher cost items. For example; sealcoating occurs approximately every 5 years, overlays occur approximately every 10 years and Maintenance of Roadwaya (Public/Private) Septenber 24, 1993 page 2 reconstruction would occur approximately every 20 to 30 years. The snow and ice control and general maintenance have a direct impact on staffing needs. For example, the city currently has 7 snow plowing routes for its 55 miles of roadways. This is approximately 8 miles per route. If the major portion of the 14 miles of privately maintained roads were added to the publicly maintained roadways it would reguire an additional maintenance person and an additional truck and snow plow equipment. The general maintenance on the 55 miles of publicly maintained streets is currently handled by approximately 5 maintenance staff. This is approximately 11 miles per person. The city also spends approximately $60,000 per year for street maintenance supplies. This is approximately $900.00 per mile. The addition of 14 miles of roadway would increase this cost by approximately $12,600 per year. In considering the future cost of taking over additional roadways the largest cost is for reconstruction. It is staff's recommendation that if t-^ Council determines that the city should take on the r<‘sponsibilitv for the maintenance of the roadways that are currently orivately maintained, the city should only take over those roadways that currently meet city standards. This would insure that tb« city would not ''inherit" responsibility for major repair or reconstruction of roadways that were originally installed as driveways to serve a specific subdivision. These types of roadways would need to be upgraded to city standards prior to the city taking on responsibility for maintenance. TO: PROM: DATS: Ron Moorse, City Administrator John R. Gerhardson, Public Works Director September 21, 1993 SUBJECT: Private Road Inventory Attached is a list of the private roads within the City of Orono. The list is separated to show what has to be done to each road and an engineers estimate of costs to bring the road up to City standards. The roads are classified as follows: 1. Complete reconstruction - Testing will have to be done to determine base and or bituminous depth as there is not much information available on the majority of these roads. The costs do not take in to account correcting bad soils or tree removal or Right-of-Way acquisition. 2. Patch and overlay - If the road is already paved some repairs will have to be done and or adding another layer of bituminous to meet City standards. 3. Overlay - The road is already paved, no major repairs are needed but bituminous thickness does not meet City specification. 4 .Seal Coat - The road meets City standards and will require a seal coating before being accep'-ed as a City maintained street. The total lots and mileage in each category are as follows: 1.Seal coat 195 lots 6.02 miles 2 .Overlay 58 lots 1.56 miles 3 .Patch & Overlay 68 lots 1,70 miles 4 .Complete Reconstruction Total 122. 513 lots lots 5t51 milM 14.79 miles S' Street N mbc Abingdon Way Christine Drive Cox Farm Road Creekwood Trail Crisiofori Circle Deborah Drive French Creek Circle French Creek Drive Golden View Hollaoder Road Hunt Farm Road Knoll Manor Road Landmark Drive Luce Line Ridge Oxford Road Pine Ridge Lane Rainey Road Shadowood Drive City Plat 1232 840 840 1096 1136 1093 1171 804 1128 SEAL COAT Man li G-4 D-4 G-I A-l B-4 A-2 G-7 0- 7 F3 L-1 B-1 1- 1 C-4 A-3 D-5 G 2 F5 G I Meets Stand Yes Yes Yes Yes Yes Yes Yes Yes Yes Ya Yes Yes Yes Yes Yes Yes Yea Yes 10 09 01 06 09 1000 1174 470 800 1100 No.oTLois Length 1635 # 1.50 Est.CoM Ia - - 10 2452 05 820 1230 02 550 825 07 1050 1575 04 1000 1500 10 2200 3300 03 290 435 15 3100 4650 06 1130 1695 17 2550 3825 10 1690 2535 04 550 825 03 250 375 I' > '■•I'.h i. f** Sr fc.v. tti fe; V-/ f/ i'i t; fe. KV ■ ■* r- .-■■•O' SEAL COAT Street Nmie Silver Meadow Drive City Plat Mao Index F-3 Meets Stapdai Yes No.of Lots 04 Length 720 Est. Cost tollayiwJei Silver View 1201 F-3 Yes 07 1300 1950 ( 1 Sufirwoods Drive 1334 0 2 Yes 25 2850 4275 i i Sussex Circle 1411 E-5 Yes 02 200 i Sussex Lane 1411 E-5 Yes 02 550 825 ] Sussex Road 1411 E-5 Yes 13 2050 3073 I 1 Wolverton Place A-3 Yes 05 1380 2070 ‘.i' 1 A ■; Woodhill Ridge 1163 1-4 Yes 04 650 975 V..' Rocky Knoll Drive D-1 Yes 02 220 1125 ‘.j. 201 193 32,909 JJOO 31,809 J4 SIrtel Name City Plat Mao Index MeetsStandards No.of Lots Mngtit Est. CostteVwnfcCollin Drive G-4 No 06 1050 ® 7.50 7875Countiyside Drive 816 F-4 No 09 1475 11.062Devin Lane G-4 No 09 1350 10.125French Lake Road G-6 No 10 1100 8250Greeni'ees Road 1-1 No 06 560 4200Herrick Circle K-3 No 06 310 2325Lafayette Ridge Court D-9 No 05 300 2250North Farm Road H-1 No 10 950 7125 Northgate Road L-3 No QS 2^42QQ 70 7655 57.412 560 42003102325 ■‘4'■'I3002250'■-V9SQ7125ssn1200765557.412 ^11 Est. CostLwiitli<9 Vwn^550 27,50079039,50085042,50041523,750123061,500170085,00045022,500160080,00045,000180090,00065032,5002L2QQ 28.820 1,441,000 2$Q 12.500 29,070 1.453.500 TO} FROM: DATE} Mayor and City Council Ron Moorse, City Administrator September 24, 1993 SUBJECT: Alan Nettl s Sewer Connection The Council has approved the provision of city sewer service to the Alan Nettles residence. In discussions with Mr. Netrl.cs, staff has indicated ho needs to pay the city connection charae which is approximately $11,000, and he needs to provide easements along County Road 15 for future sewer expansion. Mr. Nettles has agreed to provide the easements but has asked that he be allowed ..o pay the connection charge over a period of years rather than in a lump sum at the time of the sewer installation. The current city policy requires the connection charge to be paid in a lump sum. Although there is merit to assisting a property owner in financing the connection charge there are two issues to consider. First, if Mr. Nettles was installing a septic system the city would not assist in financing that system. Secondly, although the city does not have to actually expend any funds to assist Mr. Nettles, the city loses the ability to use the full connection charge amount to pay current debt service expenses TO: FROM: DATE: SUBJECT: %Ron Moorse, City Adminiscrator John R. Gerhardson, Public Works Directq^/^ September 23, 1993 Resolution of Appreciation Tamarack Senior Center^j|^ers On October 5, 1993 the Parks Commission will be hosting a reception for the Tamarack Senior Center members to acknowledge there assistance with park maintenance for the last two years. Attached for review and approval is a reso?ution designating the Tamarack Senior Center members as the first recipient of the Friends of the Park award. RESOLUTION OF APPRECIATION TAMARACK SENIOR CENTER MEMBERS 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 several parks in the City; and WHEREAS, the quality of life in Orono depends greatly upon dedicated and responsible citizens; and WHEREAS, members of the Tamarack Senior Center have willingly volunteered time to the maintenance of City Parks; and WHEREAS, the members of the Tamarack Senior Center have for the last two years assisted the City of Orono in mainuining Summit Park Swimming beach and Hackberry Park. NOW, THEREFORE, BE IT RESOLVED that the Orono Council and the Orono Park Commission wishes to recognize with great appreciation the members of the Tamarack Senior Center and to present them with the first ann ual Friends of the Park Award. 1993 Adopted by the Orono Council at a reguiar Council meeting on September 27, Attest: Dorothy M. Hallin. City Clerk Edward J. Callahan. Jr.. Mayor A TO: FROM: DATE: SUBJECT: Ron Moorse, City Administrator John R. Gerhardson, Public Works Director September 24, 1993 Underground Tank Removal Cn September 13, 1993, Council approved the selection of a consultant to administer the underground fuel storage tanks at the old Public Works site at Crystal Bay. The consultant has received bids for the removal of the tanks as follows: Griffin Service Station Equipment Zahl Equipment Co. $1,800. $2,530. These costs will cover the disposal of the tanks once th.ey are out of the ground and prepared for transporting. I recommend awarding the bid to Griffin Service Station Equipment for $1,800. 7.C^‘ LIST or LICENSES FOR COONCIL AFPROVAB^ POR HBETINO OP SEPTEMBER 27, 1993 % Annual Home Occupation License - TenTec Corporation 2760 White Oak Circle P and R Contracting Robert Rossing 130 Cygnet Place Gambling Permit - Minnesota Multiple Sclerosis Society ® Jimmies Lounge 3380 Shoreline Drive Application Date: Septembpf ^ IQQ-'l Date License Approved;, — Date License Expires; CITY OF ORONO p.O. Box 66, 1335 So Brovm Rd PLICATION'for AHNUAL HOME OCCUPATION LICERSE ^^^J^R^view'^Fee*- $30?00^ ♦ J i I NAME? TenTec Corporation j^ppppss iUh i^^_Oajc_C_i_c.c^^ PHONE; CITY; No of Employees within Qp^ration; Q . i ^ /«»«” Provide list of names of employees on back of this application. Type of Business to be Operated; Market:!no ——^— - - - - - --- - - - - Licmnm, -ar »>• revoked If «.y r^e«i»J?nd'eli« (5) bneineee deye in which to /s^03 ^If e eite iaepeetioc fr::^-ir.d by City Steff, ^ iSiSSr.d'SJir.’S.^^c” llhedul«. -eetin, hei. on the second and fourth Monday of each BK^t^ „ „^- - OH HOME OCOTATIOHS PORSOAHT TO SECTION 10.20# SUBDIVISION 4 (C; Prohibited Home Occupation Practices. 1. It is unlawful for any business operating as a hone occupation to encage in operation without proper licenses. 2. Ail persons engaged in the business must reside in the dwelling.:-. NO oonnercial signs pernitted other than signs permitted in the residential uone. ^ m - * No excessive stock in trade may be stored on the premises:.;: Over the counter retail sales is not allowed. Entrance to the home occupation must be gained from within -he the^condizions quoted above from the Oronc "conditions the City may require. nnon Jc. ^ President late; September If 199.3 3. 4. 5. 6. .'i .7 . ■ [S7=: any ^ Signature of Appl^*nt; / ---y4 ^ ^''^^ohn L. FOR CCTY USE ONl3«; Aft^ r^ fGliding: Approval o- ...i Signature of Zoning Official; Signature of Fire Inspector; SEf' 7 1993 ^"^t/apoli/ation, 2»taff recommends the 'J.^^^enial of License Sate: 'f3,_ •3 i CITY OP OROHO •k M 1335 So Brovm Rdp.o. BOX 66r Date Lic-nse Expires:—^- - - -- BO^ CC^ATIOH L1C®SS NAME: ------------—— fcnnprgfii ^ r?/ ^/fCl Application Date:^ ----------------------- ----Dat“ License Approvea: Date License Expires: ______________ . • A • _ ^ A ^tu:^------ ppnxTff » 4^P^~ CITY : / >,— Z/»>TT *“• ir^^rUst"ofnSmS‘”‘-i^piSyiir5rba=. of this appUcabion. / _ y y* rype of Business to be Operated:---- Uemnm. ««7 be reroked if »«y an'd "^e*^a “rwVmiJlfndat^n rei hnM±iies8 days io which to investa gat Tf a site inspection nrsnaak to OroBO Municipal C^e Section . ' ^ extended to ton (10) K^reqnixed by City staff. -ill b? m tbe second and foiirtn Monday of aacb aonth. _______________ ______ OMTO MDiaaw"cODBlSCTLl«OHS OT OCCOPAW POFSOAHT TO SIOTOH 10.20, SOBDIVISIOII 4 (C) rchibited Home Occupation Practices ;■/" ,• ■ w'*r-v •• * - ♦ V ?•!,*■ ‘f • •%•*»*» 1 *-•* 4U*’. V VV'V la Km * r,oC cne-2^ing as a heme occupati.^ ^^0.00Tt ^ s unlawful for any business ^ -_--v Ji <0.00 Inaage in operation vithcut proper licenses. ^ ^ M M . *___________•». m ^ A _______ _ »f*I t w All persons encaged in tbe business must reside in the dwel.lir>grC.-i MO oonu.erci.1 signs permitted other than signs pernitted in the residential sone. Mo..«*ceasiv. stoclc in trade nay be stored on t-he precises, over the counter retail sales is not allowed _ » * 'U . J‘ iv.' / ^ ftme^ be cained £^oxn withinEntrance to the hone occupation nus. be g stru cturc. __ss»cg««»»g===»*=*”****'***** **•*“““•*•“***““*“*”**********”*”**** 1 h o*'S cruoted above from the 0» ( undersigned hereby agrees to ® j= ,• a.,• ^rs thf»*City may require..icipal Code and any additicna.^. conc^i--o..s the nature of Applicant nafcfe: *»a*«B*«isB»*»*MK**»*=*'***““*®®^*“^*”**^ - 1 st2.5* rccoxtuncnQs w.nc Denial'of License Inspector: Date: ^*2.1If4 9^6^* i MTATB or MimiraoTA OAMaLIMO eoHTAOL BOAAD PMMMTBSB PBMIT AgUBBAL APPLICATIOH L0314FPII PRINTKDt07/13/93 FOB BOJUIP 0«.t AHT PAID ___ CHBCK ttO. DATB LXCtlftl NUMUflt B-OOSCa-lYT ■rftCTXVB OJlTIt 01/01/93 IXFlRATXOIf DATIt 13/31/93 RANI OP OROANXtATXONi Multipl* tfllRMRis HiuMpoli* Cbapt llortli it«r Ooe RANI OP liTAILXIHMIlfT WHIII OJUtlLXMO WILL BC CONDUCTeD mo OteMiiM Dr 19393 eotfiiTy If TMB PMNIiBI LOCNTtO WXTHXIt Till CXTY LIMITS? t Y Dots YOOI OROMimTXON OWH THIS 9IT|?t Mo If NO« LIST Tta Lissom JBM9 lias lortlBltB llrO m ISS44 nAMB OP pnopmTy omni (WNI n mot lbssor ) i •gOMI PUT pm NOMTHi •QOAra PUT pm OCCMXOMl AMOUNT PAXO POP RINT PIP NONTHl AMOUNT PAID PIP OCCASIONt /OOO •XMOO xs eomucTio am tnxs ppbmxsisi mo mo HMVOlioO Mr Ml BB393 ja*;.* tot MotioMl Mook Of Tho LBkm 1449 Sbo4f Woo4 M iOOOVPO Ml 99193 JIOM aMItXHa BARK ACCOUNT NUMBIPi 7433994 M TUB LXHI4 PMOVXOID BILOM, LIST THI RANI, AOOPIS9 AND TITLI OP AT LBAST TMO PmSONS mrmm #9ffne>w# AMm k%Amm r«it# iiiA9«or«w%*««w»o stum IHI OMOAMXIATXON'S TPIABUPIP HAY NOT NAROLI OAHSLZNO PUNDS. CXooiior Novok, 2344 Nleollot Avotnio. Mlnnoopells 55404 Contrellor ElcPord Low, 2344 MleeXlot Avonuo. Mlnnoapolit 55404 1«ot4 of OiroctOYO Jaoot Ponekons. 2344 Nleollot Avonuo, Minnoopolit 55404 iooYd of Dlroeeors (OB SUPB BO OOMPLITB TBI PIYBBSS OXOM OT BMXO APPAXeMfXOM) niXi PORM MXU. PI NAM AVAXLAILI XN ALTHMATIVI POfINAT (I.l. XAMI PPXNT, mAXLLI) UPON PIBUlBT A RB80LUTZ0N ORAMTINO OAMBLZNO PERMIT FOR JIMMIES LOUNGE LOCATED AT 3360 SHORELINE DRIVE BE IT RESOLVED, the City of Orono agrees to approve the gambling permit application for the Minnesota Multiple Sclerosis Society for operations at Jimmies Lounge, 3380 Shoreline Drive. The above listed resolution was moved by _ _ __ __ _ _ and duly seconded by The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: The above resolution was duly adopted on September 27, 1993 . Edward J. Callahan, Jr., Mayor ATTEST; Dorothy M. Hallin, City Clerk ^ •» Co % t ^ Vv r' fe- . m iV r ‘It - ■ • •in av^'vVv - •, ^ * '■ • r.tL-r ^ . •* * 4 w* vr<; 04/12/93 PR CB PRRCQOft EMP • NAME 4716tt0e0 474563339 471840971 47S443862 472503991 469526026 475989721 468821018 472529007 468701868507985424 469616562 468420832 469087884 474667812 475380151 477500666 47S444249 477463877 475069821 388625358 471569863 473141624 475604753 504260307 472500574 469820293 121262417469723373 475344512 480843542 477700023 334506281 477028779 473108428 468906S35 476783291 470700601 469848107 475382983473746173 473606629469629194 475599177 267460042 472563051 474663296 ANDERSON, BRUCE L BOBZIEN, SUE A BOSHA. JAMIE L BRINKHAUS, JOHN F CHESWICK. GARY B CORNICK, JAMES L DEMBOUSKI. JAY C ENGLISH III. IRVING ERICKSON^ KURT R FISCHENidH. DAN T FRITZLCR, JOHN M GAFFRON^ MICHAEL P GERHAROiON. JOHN R GOMAN, DAVID J GREGORY, JAMES D HALLIN, DOROTHY M HANSEN, STEVEN C HANSINO, CAROL J HASEMAN, CAROLE HULTMANN. TIMOTHY J JENSEN, ROONEY W JOHNSON, BRADLEY P JOSTROM, FOREST J KENNEN, JANICE M KNUTSON, CHARLOTTE A KUEHN, THOMAS M KVAM, DANA J MA6USTH, JEANNE A MAY, DAVID E MCINTYRE^ WILLIAM E MCNICHOLi, DAVID L MOORSE. R6nAL0 J MOROWCZVNSNX. JAMES NELSON, OAVid D OAS, DANIEL O OBERAIQNER. SCOTT 0 06RIEN, RANDY L OMAN, LYLE E PALWR, GREGORY A OUAST, WAYNE A RATHBUN, BARRY JROSS, j6nn a SKRCEN. DALE S STEFFENHAGEN, RONALD SULLIVAN, STEPHEN X THOMTON. MARK R TOMCHLCK, LAWRENCE F 470704904 TOMCZYK, MARK W 475505292 VANG. BRUCE L 468629488 VEE. LINDA S 500403192 WALTERS. LINDA 0 477881539 WECKMAN. STEPHEN J DPT 31 31 12 42 31 31 31 31 31 31 31 33 42 35 42 12 42 31 12 61 93 31 93 31 > 15 15 93 33 91 93 31 12 31 35 93 42 92 33 42 92 62 93 42 93 31 31 31 31 33 12 15 33 YTO GROSS 32434.11 19472.52 11833 80 30583.11 33001.88 32830.18 28271.53 32544.02 29985.17 32134.3332116.34 27959 78 38879.50 4209.72 25283.03 24085.74 22514.30 11259.50 17803.46 3072.00 1846.31 31783.26 2227.50 4776.22 19272.71 41132.23668.25 35014.57 3259.90 1333.7526852.67 45969.2231467.12 2629.17 1475.00 21950.74 23467.42 27999.74 22223.37 27643.62 22687.85 2219.25 22421.55 24085.71 39075.18 28939.60 29634 84 30195 24085 19302 17640 21213 74 73 87 55 55 CURRENT GROSS 1906.59 1014.64 631.62 1611.69 1727.20 1433.53 1528.97 1817.05 1568 40 1528.63 1662.23 1473.44 1937.42 294.28 1163.05 1269.28 1083.29 605.89 1068.10 348.00 352.78 1568.40 211.75 311.96 1014.64 2167.60 24.79 1845.20408.00 195.25 1616.03 2311.84 1568.41 132.27 185.89 1029.11 1063.27 1473.43 1266.40 1673.721083.27 269.50 1083.28 1269.28 2059.20 1509.76 1656 02 1568.40 1269 28 1166.82 706 08 1117.92 60.922.77 ♦CITY or OtONO THO. Sir It. Itl3 10 09/16/9312 PM CHAR IMMEDIATE PAYMENT A/P loe: OR-FINCE---*job: 2690 9J377 CHECK REGISTER IPAP0915 - --prog; CK200 <1.07>-Paf* 1—r«port id: CKREO---CMtk Payta ID Payaa Nama Data Chack Amount Typa Subt Ral To NotaOt 021070 00 021971 00 021172 00 021972 00 029974 00 029979 00 029079 00 021177 00 029979 00 029070 00 029090 00 029091 00 029992 00 029092 00 029094 00 029099 M MIfN oo 029097 00 009999 00 029999 00 02N90 VOID.START VOID.START VOID.START 1099 1047 1049 1040 1041 1090 1091 1097 1099 1042 1642 1042 1092 1094 1091 1949 1044 1090 fTnu'- 7 JTiim -. A o Vaid - Startar Chack Void - Startar Chack Void • Startar Chack CITY COUNTY CREDIT UNION COLONIAL LIFE INS COPtffRCIAL LIFE INS FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES GREAT WEST LIFE ASSURANCE CO HENNEPIN COUNTY SUPPORT AND CO HENNEPIN COUNTY SUPPORT AND CO ICMA RETIREMENT TRUST-457 MINNESOTA BENEFIT MINNESOTA DEPT OF REVENUE MN STATE RETIREMENT-DEF COMP PEOSCO/OORA PC9SC0/US CONF OF MAYORS PERA LIFE INS PER A UNITED WAY 09/15/tl309/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 09/15/93 00 0 4,886 137 67 8,803 2,717 36,734 1,355 146 164 30 5 2.701 100 254 763 54 3,413 21 C.00 00 00 18 77 83 78 41 00 50 00 00 09 55 00 08 46 00 19 00 o VMVM VM MU MW MW MW MW MW MW MW MW MW MW MW MW MW MW MW MW IPIP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP VoidVoid Void o council check register Wtd Stp 22 1993 0100:39 P4$t 1CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT $INVOICE PO NUM. MANUAL02IBB41443/09/27 $14.22 $14.22*A T A T TELEPHONE 0549-4320 000975 OH 02$$$$ 1443/09/27 $233 25 $233.25* ADT SECURITY SYSTEM REPAIR 0590-4342 09060510 OH 02S944 1443/04/27 $1,073.04 $1.073 04*AIRSIQNAL INC MAINT PAGERS 0129-4342 6100139 OH 1443/04/27 $108.90 $109.90* ALL STAR ELECTRIC REPAIRS PW AI ADM BLD 0099-4343 9247-18 OH ... «•••• 1443/04/27 $31 42 $31.42* APPLIED GRAPHICS INC COPIES 0174-4210 69408 OH ' :V'- omit 1443/04/27 1443/04/27 1443/04/27 1443/04/27 1443/04/27 $32.45 $32 85 $32 85 $32 85 $32.85 $144.25* ASCOH MAILING SYSTEM ASCOM MAILING SYSTEM ASCOM MAILING SYSTEM ASCOM MAILING SYSTEM ASCOM MAILING SYSTEM POSTAGE MTR POSTAGE MTR POSTAGE MTR POSTAGE MTR POSTAGE MTR RENTAL RENTAL RENTAL RENTAL RENTAL 0249-4321 0569-4321 0174-4321 0039-4321 0069-4321 461370 461370 461370 461370 441370 OH OH OH OH OH I^OItOOO OSMOl 1443/04/27 1443/04/27 $27 04 $27.04* $241 32 $241.32* AUGIES MOBILE CHEF BLACKOWIAK A SON SANDWICHES TRASH HAUL 0591-4802 0290-4343 7814 113311 OH OH MM02 1443/04/27 $247.75 $247.75* BRAUN INTERTEC ENG CONSULTING 0099-4306 016664 OH 1443/04/27 1443/04/27 $440.55 $314.4$ S7S5.23* BROCK WHITE BROCK WHITE FENCE FENCE 0099-4343 0249-4231 63944301 64108201 OH OH itt004 OtfOOS (ilfQJt §®4 «MiMT OttOOf «•ttti . .fj ltM/Ot/27 tftt/Of/27 lHS/M/27 ltl3/Ot/27 IMl/M/27 $1,007.73 $1,007.73> tl3 •• $13 t$* $7$.6$ $7$.$$* $1$.041 00 $11.041 00* $1$.412 01 $14,412 01* $4 22 $124 20 $12$ 42* BRYAN ROCK PRODUCTS CNCSWICK/OARV CHIPPEWA TOP SOIL CITY OF LONG LAKE CITY OF MOUND CITYVIEW PLMBO A HTO CITYVIEW PLHBO A HTQ ROCK CONF EXP DIRT 4TH OTR FIRE 4TH OTR FIRE PART REMOVE AIR COND 0249-4233 0129- 435$ 0290-4343 0130- 4315 0132-4317 0590-42320099-4343 000977 001015 000978 000985 000990 143841443$ 4 ^ OH OH OH OH OH 8! eOUNCIL CHICK RCQISTIII Wtd Sep 22 1993 01:00:39CNCCR NO CHICK DATE CHECK AMOUNT VENDOR Page 2DESCRIPTI07JACCOUNT 4 INVOICE PO NUM MANUALINS0129-4152 001014 OHCEMENT0249-4343 2152 OH UNIFORMS 0129-4221 59481 OH DEMURRAGE 0549-4234 996858 OH BIFF RENTAL 0590-4331 000976 OHBIFF BCBTALS 0290-4331 000976 OHSIGNS0249-4233 127100 OH PUMP TANKS 0099-4343 001013 OH FIRE ALARM MONITER 0 0099-4343 107135 OH UNIFORMS 0569-4221 000981 OHUNIFORMS0549-4221 000981 OHUNIFORMS0590-4221 000981 OHUNIFORMS0249-4221 000981 OHMATS0129-4343 000981 ONMATS0099-4343 000981 OH mileage 0174-43B1 001017 OH SUPPLIES cr.» i?.2 552321 m PICKUP DEER <■ *5-4360 000980 OH SUPPLIES 0549-4234 000982 OHSUPPLIES0290-4232 000982 OHSUPPLIES0249-4220 000982 OHSUPPLIES0249-4232 000982 OH BUG SPRAY L‘591 -4801 2892 OH CUPS 0590-4324 000979 OH 0190I002M11 029012 ‘i.I ■rip i m OtMIS OltOU ;■ - '^£1- 020017 otooti 020010 020020 •..-i 920021 029022 100l/00/2p^^^^$t?(I00I/00^25^J1J.32. 020029 1001/00/271003/00/27 1003/00/27 1001/00/27 1001/00/27i::r/8iOoJLP 1001/00/27 1003/00/27 1001/00/27 1001/00/271001/00/27 1001/00/27 1103/00/27 1003/00/27 1001/00/27 1001/00/271001/00/271OO3/U0/271001/00/27 1003/00/27 1003/00/27 0405.70$405 70‘$214.61 0214 01* 074 05 074 05* 010.00 010 00* 0227 0227 $150 0150 015 $45$10$2050137 0130 0551 039 039 $•4 $14 $50 $50 $2$1 $3 $111$119 $43$43 $175$175 26 3005 51* 00 00* 00 00* 17 1224 1345 01 12* 59 50* 44 44* 00 00* 034124 54 10* 3232* 7373* COLONIAL LIFE INS CO CON-MIX INC CYS UNIFORMS DIXIE PCTRO-CHEM ASSC4A1H:aan ASSC CARL F*ANOCRSON ASSC ELMER J PETERSON CO FLOYD TOTAL SECURITY G A K SERVICES G A K SERVICES OAK SERVICES OAK SERVICES Q A K SERVICES OAK SERVICES GAFFRON, MIKE GALL'S INC CANGELHOFF, DONNA GENUINE PARTS CO GENUINE PARTS CO GENUINE PARTS CO GENJINE PARTS CO ClBOONS-KEARNS INC GLENWOOD INGLEWOOD O 1 CeUNCXL CHCCK MEQISTER Wtd Stp 22 1993 01 00.39 Pag* 3CHECK NO CHCCK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT •INVOICE PO NUM MANUAL1993/09/27 472 00 GOPHER STATE ONECALL AUQ FEE 0549-4306 3080519 OH1993/09/27 $101.00 GOPHER STATE ONECALL AUG FEE 0569-4306 3080519 OH0290244110 00*1993/09/27 4145 61 GROUP HEALTH INC OCT INS 0174-4151 1408897 OH1993/09/27 4271.00 GROUP HEALTH INC OCT INS 0115-4151 1408897 OH1999/09/27 11.375.36 GROUP HEALTH INC OCT INS 0129-4151 1408897 OH1993/09/27 iS42 00 GROUP HEALTH INC OCT INS 0249-4151 1408897 OH1993/09/27 1271 00 GROUP HEALTH INC OCT INS 0590-4151 1408897 OH02902942.605.04* 1991/09/27 4504 94 HENN CTV SHERIFF DPT JULY BOOKING FEE 0080-4358 000983 OH 029029 4504 94* 1993/09/27 47.59 HENNEPIN COUNTY TREASU POSTAGE 0040-4321 001019 OH 029027 • 7 1993/09/27 423 31 INNOVATIVE MICROQRAP MICROFILM 9001-3500 12295M OH 029021 *■ i, 423.31* 1993/09/27 4194.59 JIM HATCH SALES CO BOOTS 0249-4221 2811 OH 1993/09/27 434.92 JIM HATCH SALES CO BOOTS 0549-4221 2811 OH 029029 1993/09/27 477.44 JIM HATCH SALES CO BOOTS 0569-4221 2811 OH 4311.32* 1993/09/27 413.35 KEAVENYS DRUG SUPPLIES 0099-4210 000984 OH 029020 113.35* <1913/09/27 414 50 LAKE BUSINESS SUPPLY SIGN 0590-4210 031890 OH^ i 029011 414 50* 1993/09/27 4321.00 LAKE MANAGEMENT INC SPRAY WEEDS 0590-4343 001020 OH 020012 4321.00* 1009/09/27 1003/00/27 4409 01 LOGIS - SUITE 300 AUGUST SERVICE 0569-4352 AR0893-1 OH 4159 90 LOGIS - SUITE 300 MAINT HP-VECTRA tS12 0069-4340 AR0893-2 OH 19911/09/27 6143.75 LOOIS - SUITE 300 MINT HP-LASERJET 2P 0069-4340 AR0893-2 OH 1/00/27 416 10 LOGIS - SUITE 300 MAINT PIMS HP2392A T 0174-4340 AR9I93-2 OH 19911/09/27 439 35 LOOIS - SUITE 300 MAINT PIMS THINKJET 0174-4340 AR0I93-2 OH 1993/09/27 442 26 LOGIS • SUITE 300 MAINT EPSON-FX246 PR 0129-4340 AR0893-2 ON 1991 /09/27 9220.00 LOOIS - SUITE 300 AUGUST SERVICE 0549-4352 AR0893-1 OH 1001 /09/27 4153.75 LOGIS • SUITE 300 MAINT EPSON-CPL7000 0129-4340 AR0493-2 OHm4579.00 LOOIS - SUITE 300 LOOIS - SUITE 300 AUGUST SERVICE 0129-4352 AR0493-1 OH 1991 4435 93 MAINT IBM-PS2 COMPUT 0129-4340 AR0I93-2 OH 1991 /09/27 4604 75 LOGIS - SUITE 300 MAINT IBM-PS2 COMPUT 0129-4340 AR0893-2 OH Ittj/09/27 4(5.00 LOGIS • SUITE 300 AUGUST SERVICE 0039-4355 AR0693-1 OH /09/27 439.00 LOOIS - SUITE 300 AUGUST SERVICE 0039-4352 AP0893-1 OH 1991 /09/27 4741.00 LOOIS • SUITE 300 AUGUST SERVICE 0174-4352 AR0893-1 OH 1993/09/27 91.203 00 LOOIS • SUITE 300 AUGUST SERVICE 0069-4352 AR0893-1 OH 029011 • .4. 55,021 50* ' 029014 •1993/09/27 444 00 LONG LAKE FAMILY PRACT HEPATITIES SHOT 0129-4306 000987 OH 944 00* /iV j ©O COUNCIL CHECK REGISTER Wtd Sep 22 1S93 01:00:39CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT 9 INVOKLONG IK FORD TRACTOR SUPPLIES 0590-4232 000986LONG in rOtD TRACTOH OIL 0249-4220 171627LONG LK FORD TRACTOR PART 0249-4232 172780LONG LK FORD TRACTOR REPAIR 0590-4342 3/l>461LONG LK FORD TRACTOR PART 0290-4232 172747LONG LK FORD TRACTOR PART 0249-4232 174996 MARTINS NAVARRE 66 REPAIR 0129-4341 000918MARTINS NAVARRE 66 REPAIR TIRE 0590-4341 000981 MED CENTER HEALTH PLAN OCT INS 0129-4151 001023MED CENTER HEALTH PLAN OCT INS 0069-4151 001023MED CENTER HEALTH PLAN OCT INS 0249-4151 001023MED CENTER HEALTH PLAN OCT INS 0174-4151 001023 METRO WASTE CONTROL CO SAC FEES 9001-2226 000994 METRO WASTE OCT FEE 9673-1282 000993 MIDWEST ASPHALT ASPHALT 0290-4233 00099AMIDWEST ASPHALT ASPHALT 0249-4233 0009<»4MIDWEST ASPHALT ASPHALT 0249-4233 001072 MIDWEST BSNS PRuO OFFICE SUPPLIES 0069-4210 001021MIDWEST BSNS PROD OFFICE SUPPLIES 0129-4210 001021MIDWEST BSNS PROD OFFICE SUPPLIES 0039-4210 001021MIDWEST BSNS PROD OFFICE SUPPLIES 0249-4210 001021MIDWEST BSNS PROO OFFICE SUPPLIES 0059-4210 001021MIDWEST BSNS PROO OFFICE SUPPLIES 0549-4210 001021MIDWEST BSNS PROO OFFICE SUPPLIES 0174-4210 001021 MINNETONKA 4TH OTR LEGAL 0080-4302 000989 MN BENEFIT ASSN INS 0129-4152 000997 MN COMMERCE DEPT NOTARV FEE-FRITZLER 0129-4383 000991 MN FEDERATED HiMAN SOC BOOK 0*85-4240 001024 MOROWCZVNSK1/JAMES MTG EXP 01^1-4356 000992 PO NUM Page 4 MANUAL S' ■-> , ■<*;. . 029035 020030 J A 020037 010030 ^ 02I030 020040 k. 02t042 020043 ^ 020044 '-•v: m 020045 020040 1003/00/271009/00/271003/00/27 1003/00/27 1003/00/27 1003/00/27 1003/00/27 1003/00/27 1003/00/27 1003/00/27 1003/00/27 1003/00/27 1003/00/27 1003/00/27 1003/00/27 1003/00/27 1003/00/27 100 /00/27 /O0/27m/00/27 /00/27 1003/00/27 1003/00/27 1003/00/27 1003/00/27 1003/00/27 $21$2$7 $31 $33 $94 $191 91 S392 6$ 20 19 43* $1,100.02 $10.00 $1,110 02* $146 90 $140.90 $417 $542 $1.25. 91 02 73* $2,227.50 $2,227.50* $21,629.00 $21.629.00* $442 $3 $211.91$46.71 $701.35* $10$26 $1C7 0 0 $39 $25 $1 15 69 76 15 16 66 13 $229.70* $7,500 00 $7,500.00* $24.99 $24 99* $40.00 $40.00^ $5 00 $5 00* $5 25 $5 25* OHOHOH OH OH OH ON OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH ON CH OH B O COUNCIL CHECK REQISTEK W«d Sep 22 1993 CHECK NO CHECK DATE CHECK AMOUNT 01 00:39 VENDOK DESCRIPTION ACCOUNT I INVOICE PO NUH Pa9# 5 MANUAL1993/09/27 931 50 MPLS OXYGEN CO DEMURRAGE 0249-4232 383634 OH0290471993/09/27 > 50 t4'j 00*MPLS OXYGEN CO OEHUfinAOE 0129-4232 383634 OH! 029041 1993/09/27 1139.45 9138 45*MTI OIST CO SUPPLIES 0590-4232 367846 OH 1993/09/27 920 86 NAVARRE HARDWARE SUPPLIES 0569-4232 000999 OH 1993/09/27 97.32 NAVARRE HARDWARE SUPPLIES 0569-4232 000999 OH 1993/09/27 913.C6 NAVARRE HARDWARE SUPPLIES 0099-4231 000999 OH 1993/09/27 97.90 *«AVARRE HARDWARE SUPPLIES 0590-4232 000999 OH 1993/09/27 923 14 havarre hardware SUPPLIES 0129-4232 000999 OH 1993/09/27 924.15 NAVARRE HARDWARE SUPPLIES 0290-4232 000999 OH 1993/09/27 1999/09/27 9114 14 NAVARRE HARDWARE SUPPLIES 0249-4232 000999 OH 937.20 NAVARtC HARDWARE SUPPLIES U099-4232 000999 OH 1993/09/27 96.06 NAVAR *E HARDWARE SUPPLIES 0549-4232 000999 OH 029049 1993/09/27 914.85 9268.99* NAVAR E HARDWARE SUPPLIES 0290-4231 000999 OH 029090 1993/09/27 9129 23 9129.23* NORTMLA 'D BUSINESS SUPPLIES 0129-4210 5331 OH 1993/09/27 91.01 NSP UTILITIES 0099-4324 000998 OH 1993/09/27 9125.97 NSP UTILITIES 0249-4324 000999 OH 1993/09/27 $692.71 NSP UTILITIES 0569-4324 000998 OH > 02909& 1993/09/27 96.96 9919.42* NSP UTILITIES 0290-4324 000998 OH 029092 1993/09/27 9134 70 9134.70* O'SULLIVANS NAVARRE AU CAR WASH TICKET 0174-4341 001001 OH 1111/09/27 9258.63 ORONO SELF SERVICE GASOLINE 0290-4220 001000 OH {991/09/27 928.00 ORONO SELF SERVICE GASOLINE 0174-4220 001000 OH 1991/09/27 9905.55 ORONO SELF SERVICE GASOLINE 0249-4220 001000 OH f 929092 1993/09/27 91.451.07 92.545.25* ORONO SELF SERVICE GASOLINE 0129-4220 001000 OH 029094 1993/09/27 912 00 912 00* PERA INS INS 0129-4152 001025 OH liiP^ ■<-:1993/09/27 1993/09/27 1991/09/27 9179.22 PERRYS TRUCK REPAIR REP.MR 0249-4341 11429 ON M*OM 959.58 9236 SO* 9160.00 PERRYS TRUCK REPAIR POPHAM HAIK A ASSOC TOW CAR LEGAL-SALE FRENCH LA 0129-4341 0410-4303 001002 375828 OH ON 9922.42 POPHAM HAIK A ASSOC LEGAL CONSUSLT JUNE-0408 4303 375828 OH V .92,450 55 POPHAM HAIK A ASSOC LEGAL APPLIC JUNE-JU 0840-4303 375828 ON 1993/09/27 92.046 41 POPHAM HAIK A ASSOC LEGAL RETAINER JUNE-0080-4301 375828 OH 1993/09/27 93.355 63 POPHAM HAIK A ASSOC LEGAL -PERSONNEL JUNE 0080-4303 375828 OH 92.051 12 POPHAM HAIK A ASSOC LEGAL CONSULT JUNE-J 0080-4303 375828 OH il04.00 POPHAM HAIK A ASSOC HEAING IMPAIRED REQU 0129-4303 375828 OH 1993/09/27 9235 58 POPHAM HAIK A ASSOC LMC HANDBOOK FOR CIT 0080-4301 375828 OH a • 3 COUNCIL CHECK REGISTER Wtd Stp 22 1993 01 00:39 P«g« 9CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT 1 INVOICE PO NUM MANUAL»ll.025.71‘1999/09/27 9419.72 <499 72‘MCCISION TURF CHEMICALS 0590-4343 3766 OH1993/09/27 <4,497.95<4,417.95*PUBLIC EMPL RET ASSN PERA 9/30-9/12 9999-2031 001003 OH1993/09/27 <22.20 REED VENDING ROLLS A CANDY 0591-4902 10235 OH1993/09/27 <64.20 <96.40* REED VENDING ROLLS 4 CANDY 0591-4902 10227 OH 1993/09/27 <6.00 <6.CO* REGAL CLEANERS CLEANING 0129-4232 001026 OH 1993/09/27 <20.64 <20.64* RICKS SUPERVALU SUPPLIES 0590-4232 001004 OH 1993/09/27 <15.01 RITZ CAMERA FILM PROC 0591-4902 3769070 OH1993/09/27 1993/09/27 <13.16 RITZ CAMERA FILM PROC 0129-4210 3769315 OH<42.05 RITZ CAMERA FILM 0129-4210 3769709 OH1993/09/27 <3.65 <73 97* RITZ CAMERA FILM PROC 0129-4210 3769606 OH 1993/09/27 <6.014.00 ROLF E ERICKSON OCT FEE 0059-4337 001016 OH1993/09/27 <29 00 ROLF E ERICKSON POSTAGE 0059-4321 001016 OH1993/09/27 <174.00 ROLF E ERICKSON ADDL SEPT FEE 0059-4307 001016 OH1993/09/27 <305.01 <6.522.01* ROLF E ERICKSON SUPPLIES 0059-4210 001016 OH 1993/09/27 <229 00 <229.00* SCOTT BEACK GOLF BALLS 0591-4900 5722 OH 1993/09/27 <22.50 <22 50* SEW LIKE NEW UNIFORMS 0129-4221 001005 OH 1993/09/27 <92.63 <92.63* STREICHERS BATTERIES 0129-4232 71592.1 OH 1993/09/27 <200.00 TAYLOR-LAUER HOMES REFUND 9001-3502 001027 OH<200.00*• 1993/09/27 <20.19 <20 19* TOLL CO PART 0249-4232 236174 OH 1993/09/27 9963.13 <963.13* TOWN 4 COUNTRY SEPT CLEANING 0096-4349 001006 OH 1993/09/27 <910.00 <910 00* TWIN CITY STRIPPING STRIPPING 0249-4233 002523 OH 992.26 UNIFORMS UNLIMITED UNIFORM 0126-4221 414936 ON<126.76 UNIFORMS UNLIMITED UNIFORMS 0129-4221 415959 ON 02MI902R0S7029091 M •»»»»• 029090 'i«-*?. .*'■021091 4 I t 029092 i'- . •iVAf* ^020099 029094 1** i:?’ 02000S It oliooi A', -■ 029097 029099 H 029099 11 |)K 0|M70 V’ll^SIvr’T o ij1rCOUNCIL CHCCK REGISTER Wed Sep 22 1993 01 00:39 Rafe 7CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT •INVOICE PO NUM.MANUAL4219.02*1993/09/27 4370 5- 4370.53* US WEST CELLULAR INC TELEPHONE 0129-4320 001007 OH 1999/09/27 1992/09/27 454.43 US WEST C049KJN TELEPHONE 0175-4320 001009 OH493.88 4114.31*US WEST C0M1UN TELEPHONE 1549-4320 001009 OH 1999/09/27 4219.90 4219.90* VILLAGE CHEVROLET REPAIR 0249-4341 CVCS24173 OH 1999/09/27 922 73 WALTERS LINDA MILEAGE 0069-4331 001011 OH1992/09/27 48.87 429.60* WALTERS LINDA MTG 0069-43S6 001011 OH 1992/09/27 4234.41 WARNING LITES OF MN FLASHERS 0249-4331 0043120 OH1993/09/27 4369.77 4904.18* WARNING LITES OF HN .'LASHERS 0249-4331 0049119 OH 1991/09/27 92.910 00 42.610 00* WAVZATA-CITV OF 4TH QTR FIRE 0133-4318 001012 OH 1M9/09/27 432.20 432.20* WCCKMAN STEPHEN MILEAGE 0174-4311 001010 OH 1999/09/27 47.00 47.00*WEST SIDE REDI-MIX INC REPAIR 0249-4381 46276 A OH 1999/09/27 4555.40 WM MUELLER A SONS BLACKTOP 0249-4233 000995 ON %#y it o;^so7i 029072 029079 W' 029074 029079 i: h " 029077 •I- *Mon 929979 929010 r i '-.L. ,7 r« o fSSS 40* tl20.591.83 \ ■•>;. to• • -^eOUNCXL CHECK SIMMRY Wftf Stp 22 1993 01:00:44 K«94 1rUND •001 QCNCKAL FUND $•9,413 77FUND •42S •1 FUC FAC CON^T $160 00 FUND •420 •2 STUOBS SWt FD $622.42 1- ^fUHD • 4. - - ri ^ •72 WTR OFCRATINQ FO $512.79 >UND ••73 SWR OFCRATINQ FD $22.•$2.13 ii•74 0/C OKRATINQ FD $2,212.27 •••FAVROU CLCARINQ $4,417.15 $120,591.93 mm- iM^^ Jio..' ■ ‘ ;- . :• f ■*- JliP'Uf f, y' r i :; S j * 1^ _ ^ w,/ • I ; ■-.i-Uv 4 - > i l \ - • - "A . ' ^ ;• > .¥X . H • -‘ ■■ : V J,. • ■ ■> ; 5‘ '#• i ft >. ■ * -V- ' Xu ** jn -r o I €ti\ SSk a s timSLWSIM SEP T 1993 cirroFORONO • , «» ► « •a* ■ “ •* rv . h\♦yT»r %;• ’•-1^:i • V .r '• 1# V^*‘ ' / ‘ %4- ^ mr-- ■ rf* V ** ' . ‘•;V^. -:____ M ■:-v;:^i • ••‘A to ' ' ** V> V '.u 4 __________ SEP; 2 0 1993 : C>/i*>7i^^ .................................................. _________________________________________c^—/-9?^—.ji4y__O^:wto^— 1 _. 4^^. l^tiO‘^<l^cf ^Cl^.- <h:U^ ----- /2?tOtt^-. ./4<2<3^_----------- ^<r7K<2t*-r7^ _r/o__^ ^Q/lor»cdi ____------------------------------------------------------ ____^ ,Z^f?ffl-<^^_________ _____j ^ __^fr^Z?C7_ ------------------------------------------------------- ^^y h-^.£jt (1^ _________/c?...--------------------------- . y --------- „ CZ^CL..C4.^ A/l^t^ .^ ------ Cc^Mi<P'^C4»^LtC^ /?ia€^Mra^c^. 0, 2OU ’ - I^■^'icc y±j€^y/y^^^c^aULa*^^ ■ _......... ^7?^u> lo^ _______ t/iaZ~ ---- /7.?»^..c^ — Ii>CLt .A^CJZ4d4u^^i)^^7^ .4- ' y tor- t r V • r- -it m X- «. I -'«# • * ZS<4- yua*cu*^ - 0^ Z$i»—. - /^ ^Ct c^^ ^OtJU. ^a^C'tcff^oC y ^77*^ d!0^. j!u hoTh^, . Mo-t4j> Ct^.. ^yUrp^'O^ ■M/U^ OytUoL^ C(k U- ca ^ ^ ta-^/a.-COj^.-^^^^-----^---------- ^yAp/jt^ (/y-l^i> '"pa^u. "CA^ -/2fi.^X- .pd-Cf^^. t.—V ____- - . .-- CCtT’A^^ _^2r*3r;C^. “ft .^fduAXpj __/Tl€4^^ p-e> j^/lLlx— ..o^Jlc/^ . __ .&<iA4ip^ ^^/l.^'yio {<J -->/C> ^'i^y^ycc^x, C> C^Vt-\. /'^Zf~^^‘^plina /7lryu.<^ C^yxa^-cCs^- _Z^— CAp .^/i.^!€tjU y ^yfH4d^4Ay!<C»^ _ /l^y^/ y^ta^M. ^JTlO'Li--------- ''. iPfcfc wf -y * ^W* Vw .fSrv I ^ ij? * |c -SJ • •.Ir - ••s ►TUm iv* .• '• #w ’ fV^: • .>. t^ia^ a y - -s > r4^ ^ ♦ • <-3i»^ ,r»-<4** * .4r'IWTTW’ Hop t einbe-.-»r II, R.^\mcP':j F. M£»rs 34l*;> Mar dscr abb 1 e Rd, N. . Ml nn^tr I «t 3 , Mp . c 5764 Dear Sir, : j i p t ^^e apon - or ed about the wee^ day I read with irjteru'rjt th‘3 ar t i c 1 on Lipcjr^dino Co'ntry I'O td September 0, JV97 Sun Sailor and ttie p’jblic tie^^rinc ^pparentl / by Orono. I wou I d lile tn share a fe»*i c-^ mv views with /ol improvement of Count'/ Road IS. Since I travel thi«= road eve^ v ind t r ^-^qi lent 1 >' 'n woe! ?r ‘*, • ** i- > ! :=" or.! . ■-"oeTS I h?ve to points east of M j nnet r*! a: I: a - ! thiril my .lews are important to the process and deser . e r .'Msider atien . First, I do r»of r-^c ..j l seei rq *»ri\'h i nn i r. the p'^ior Sun ?-t i I •'r :r Lai er concern) ng the *i’f>et: nq: i . e. ra w? des pr-.f?^d . p jt ’ i r anrovfr»c:en»en t . /+] though I mav well tia'.e rrir^-^d it, ! believe the p»’b lir I’.'ino in Sprinr? Mound, MinnetrMita, etc. should h^^yr- ao'':! : rrut the process- County Road 15, the sect-icns -pp >r en ?" 1 / discu-oion. does not go through these communities but we arp just as .a! id »users the road area. Do > oi.» plan to have :• publ ic hearing for qrouprv such jis trese"' If so. “ihen are tt^ev pJanneo and wtuare^ Secondly* I agr-^e with th«^ ccncern abmjt widening the road tor increases in automobile t ’of Mc. I gf?t ver y frustrated cn occas i :>n traveling this road because I ran not p-^ss 3 /er / slow driver but haltnre fhi^ with my decision to live where L dc. I do not tic^wevor b-.' ;n.e th3^ the road currently is safe for pedestrian or bicycle traffic. My primary interest in v^ritirig to v ou le to ‘=^trcngly urge you to do whatever you can to ensure a shoulder or off-road-bed TRAIL la put into the current County Road 15 corridor for* pedestrian and bicycle traffic* As I'm sure you Inow, there is nc real shniMder for a long portion of the subject section; and, what shoulder exists is very na-^row and not suited for bicVC Ie uspu I am curr*entl\ serving as one of the F'.-irl Comnii ssi oi *er s for tf i nr,.^ t r i st a and ttie piarl cc'^mmi ss i on is actively devJt?Qpjr:g a trail o J 3n for our city. The atfility for MirifiPtristH rosiderds f havr* a good trail -./strm at least Le 11cjtdI. j , I !* '.M b , L ; ) »:? . ^ ' f • v c• f . - <ji» i ^ ^• 1 L ^ ^ c U'»! be supported by f r»su»^inq that (' .• nt >' Road 15 is a good route for pr-j^astrian £*nd bicycle traffic dturcj «^n 11 r e rerde- t>cth ea^t -ind we?:t. ] appreciate your consid# • ^ 11 on of m. > raciest for a wider gr(.iup : blic he firing; and, hrdpjng to ensure a TRhIL shoulder or substitute is put in place »l>f| ariC upgrad^r^r repi:r is done to County Foad 1 «r . c. . SEP 2 0 19» G PERMITS ISSUED/FEES COLLECTED w AUGUST 1993•:U RETORT NBR. BPRMTISS-1 DATE OF RUN 09/03/93PERMIT TYPEBuildingSQL FAMILY-NEWSF-ADD/REMOOELSF-ACC STRUCTUREDEMO/PRINCIPALCOM-ADD/REMOOELDEMO-ACCESSORYACC/UARAGESSub-totalMechanical HEATING SYSTEMS AIR CONDITIONING FIREPLACE DUCT WORK ONLY REMOVE OIL TANK Sub-totalPlumbing FIXTURES WATER METER UNDEFINED Sub-tot alSewer & Water SEWER CONNECTION NEW SEPTIC SYSTE DRNFLD &/OR TANK SAC ONI Y SEWER & WATER Sub-total Sign PERMANENT/POSTED TEMPORARY Sub-total Fire LAWN SPRINKLER Sub-total Uior Definod LAND ALTERATION Sub-total Grand-total QTYi H ft PERMIT ISSUED REPORT CITY OF ORONO-- CURRENT RANGE - 08/01/93 - 08/31/93BASE FEE3,756.00 13,161.00 81.00 150.00 0.00 150.00 0.00 17,298.00*302.500.0035.00337.50*140.000.00 50.00 3,000.00 70.00 3,260.00* 0.00 65.00 65.00* 105.00 105.00* 75.00 75.00* 25,582.05** PAGE: I 'REQUESTER; CAROLE-- PREVIOUS RANGE - 08/01/92 - 08/31/92VALUATIONPLAN REVIEW QTY BASE FEE825,000.00 2.441.41 0 0.004,790,059.00 8.072 36 19 1,734 503,245.00 31.20 1 37.000.00 0.00 1 50 000.00 0 00 i 414 501,345.00 0 00 1 30 000.00 0.00 1 117 005,619,649.00*10.644.97*24*2,383.00*332,709.00 0 00 7 315.001,200.00 0 00 0 0.005,300.00 0.00 4 135.001,500.00 0.00 1 30.000.00 0 00 3 90.00340,709.00*0.00*15*570.00*14,299.25 9 1.009 000.00 L JU 2 470 00700.00 0.00 0 0.0014,999.25*0.00*11*1,479.00*0.00 0 00 0 0.000.00 0.00 2 200 00 0.00 0.00 1 50.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00*0.00*3*250.00* 0 00 0.00 1 30.00 0.00 0.00 0 0.000.00*0.00*1*30.00* 0.00 0.00 0 0.00 0.00*0.00*0*0.00* 0.00 0 00 5 250.00 0.00*0 00*5*250.00* 5,975,357.25**10,544.97**59**4,962.00* VALUATION0.00 148,822.00 1,600.00 0.00 50,000.00 0.00 9,800.00 210,222.00*0.000.000.000.000.000.00*0.000.000.000.00*0.000.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00* c.oo 0.00* 0.00 0.00* 210,222.00** PLAN REVIEW e0.00418.6024.05 0.00 0.00 0.0076.05 518.70*0.000.000.000.000.000.00*0.00 0.00 0.00^ . 0.00*♦ r0.000.00 0.00 0.00 0.00 0.00* o.co 0.00 0.00* 0.00 0.00*i 0.00 5l8.70**j“' -i 30.00 0.0030.00“ 0 00 0.00 0.00* O.CO 8:8o*A' 0 00 0.00“ 0.00 0.00* 0.00 0.00*j;, 250.00 250.00* 0.00 0.00* 0.00 0.00* .. 4.962.00**210.222.00**SlS.TOf* OWNER LAST NM VALUATIONHANSSEN225.000 00EIDEN400,000.00JOHNSON200.000.00GIBBS32.000.00SAJJADI135,000.00SAWICKI44,400.00BEERNINKB.000.00SARA1.500.00tavlop1.000 00BRlZA10,000.00VICKNAIRE2,900.00BIDWELL2,140.00CALLAHAN1,4C0.007AGARIA2,000.00BENNETT740.00DEVAAB400.00CRAWFORD7,300.00YORK5,270.00SCHANZENBACH1,100.00EGGEPT800.00DANE1,345.00CARLSON.00.00.00DANE1,345.00.00FISHER.00KELLY10,000.00WILIAMSON4.000. 002.000. 00 SMITH 2,000.00 SAKLAD 12,000.00 FERRELL 1,000.00 RIGELHOF 5,000.00 JUNDT 4.500,000.00 GRANDSTRAND .00 CARLSON .00 WAADE .00 A8RAHAMSON 1,000.00 REVIER 1,200.00 THIESSE 1,000.00 WINTER 1.100.00 LORD 1,200.00 JUNDT 286,000.00 BENNETT 6,000.00 JOHNSSON 2,100.00 HANSER 1,000.00 GIBBS 1,000.00 GIBBS 1,500.00 THIESSE 4,200.00 PAGE 1OWNER LAST NM VALUATIONONTIONONEMENTINCINCTION,A INC JST CO 3WEST HANSSENeidenJOHNSONGIBBS ,SAJJADl SAWICKIbeerninkSAPATAY'.C?BRtZAVIO.NAIREbicwellCALLAHAN7AGARIABENNETTDEVAABCRAWFORDSCHANZENBACHEGBERTDANECARLSONDANEfisherKELLYWILIAMSONSMITH SAKLAO FERRELL RIGELHOF JUNDT PRi»Ku«s WAADE abrahamson REVIER THIESSE WINTER LORO JUNDT BENNETT JOHNSSON HANSER GIBBS GIBBS THIESSE ION , INC SERVICES :e COAL CONST 40^.000.00^32’000’.00 135.000.00 44.400.00 8,000.001.500.00 1,000.0010.000.002.900.002.140 00 1;AOS.00 2.000.00749.00400.007.300.005.270.00‘•’“To.00.001.0. 5.00.0010.000.004.000. 002.000. 00 2.000.0012.000.00 1,000.00 5.000.00 4.500.000.00 1.000.00 1.100.00 1,200.00 216.000.00 8,000.00 1.000.00 1.000.00 1.500.00 4.200.00 <'... FRI, SEP 3. 1993. 1:52 PMPERMITS ISSUED FOR THE MONTH OF AUGUST 199 3 PAGE 2PERMITWORKADDR NBR STREET ISSUED PERMIT NBRME20770OLD CRYSTAL BAY RD N 93/08/23OR-005446241420BRACKETTS POINT RD 93/08/23OR-005442242691CAROLINE AVE 93/08/23OR-00544916C2416C116CHEVY CHASE DR 93/08/24OR-005455PL013091FARVIEW LA 93/08/03OR-00539201110LEAF ST 93/08/12 OR-00541301320TURNHAM RD 93/08/20OR-005437022879CASCO POINT RD 93/08/17 OR-005421023845BAYSIDE RD 93/08/18 OR-005426021305SHORELINE DR 93/08/18 OR-00542803455FERNDALE RD N 93/08/10 OR-00540920795OLD CRYSTAL BAY RD N 93/08/17 OR-0054249C249C2305BAYVIEW PL 93/08/16 OR-005420SI132420SHADYWOOD RD 93/08/10 OR-0054112C»3&2360 WAYZATA BLVD W 93/08/25OR-005462SW■ ‘ L 3435 EASTLAKE ST 93/08/03CR-00539301285wRESTVIEW AVE 93/08/03GR-00539401275CRESTVIEW AVE 93/08/03OR-00539501275CRE3TVIEW AVE 93/06/03OR-005396 01 3435 EASTLAKE ST 93/08/03OR-005397 01 285 CRESTVIEW AVE 93/08/03OR-005398 01 4629 TONKAVIEW LA 93/08/06OR-005404 01 3280 NAVARRE LA 93/08/19 OR-005430 01 3407 EASTLAKE ST 93/08/19 OR-005432 01 3415 EASTLAKE ST 93/08/24OR-005452 lie 24 lie 2135 COLIN DR 93/08/27 OR-005487 uo 1C 77C 23 1C 1330 CHERRY PL 93/08/25OR-005460 ID NUMBER COMPANY3941805734871061353784913824265629337200297233082473840325911550287362092535427724793467247387932541020300000000OOQOOOOO00000000000000002473840300000000 24738403 24738403 24461495 24724959 OOOOOOOO 00000000 54734361 BUDGET PLUMBING CORP OOODY MECHANICAL INC SUPERIOR CONTR INC STANDARD HTG 4 AC COCULLIGAN DOUG LINDEN INC DAY EARL W 4 SONS NORTHRIDGE PLBG CO KLUVER MECHANICAL CONST TIMS QUALITY PLUMBING GENERAL PLUMBING 4 HEATING CITYVIEW PLBG 4 HTG CUSTOM PLBG INCDAY EARL W 4 SONS DAY EARL W 4 SONS DAY EARL W 4 SONS WIDMER INC WESTONKA MECH CONTRACTORS JOHNSON JERRY EXC 14705263 LANDVIEW LANDSCAPING OWNER LAST NM VALUATION22,024.00JUNDT5,500.00PULVER3,600.00MCCARTHY2.285.00MIGLIORE1,199.25GRONBERG4.400.00MENGE700.00ELSEN1,100.03THIESSE3,000.03POPP2,000.03DAHLBERG1,000.00600.JOBIRCH1,000.00O'SULLIVAN .00.00BALGAARD.00MOSLEY.00HANSON.00HANSON.00 BALGAARD .00 MOSLEY .00 ABRAHAMSON .00 ROOD .00 BURNS .00 WUERTZ .00 KELLEY .00 SUMEY .00 01 R«a1J«nce 24 Paplacinq Eaiatlnq *Alditlon 25 Liftinq Principal Pealdenco 0)Car a<|**/'At r Arh^fl 26 Well Abandcnment 04 Gat Aq«, Dot ach4Pd 27 Foundation Only 05 Pot cn 28 Tapporary Trailar 06 D*pck 29 Penovate/ Per«o.Je 1 07 r«»nca 30 Acceaaory Structure :n Casabo 31 Stairway to taka O'*Pool 32 Petalninq Wal' 1 ■■33 Entrance Monument* \ 1 Pa-roof 34 Trae Paaoval i:Tanni• Cour » 1 )51 7n 14 Dock : 5 Shad k 6 ra.-^o-Pr 1 nc Ipa 1 Structure 17 Piwo-Acceaaory Structure \t Hove i«*C cf^e trial :c iMtltut lOf^a 1 .‘1 Storm Daauice Pevair ;;1 ' 1 CO Cubic rat 1 a : 1 101 Cubic Yard# or More 1 4 'Jndaf Ina l 5.975.357.25* y cFRI, SEP 3, 1993. 1:52 PM PAGE 1NUMERICAL LISTING PERMIT NBR ISSUED AUGUSTCANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OWNER LAST NM VALUATIONGIBBS32.000.00KELLY10.000.00MIGLIORE1.190.25BALGAARD.00MOSLEY.00HANSON.00hanscn.00BALoAARD.00M05LEY.00SA JADI 135.000.00 VI^:^NAIRE 2.000.00WIllAMSON4,000.00 BILWELL 2,140.00 2,000.00AERAHAMSON.00 GF.ANDSTRAND .00 SMITH 2.000.00 SCHANZENBACH 1.100.00 ABRAHAMSON 1,000.00 DAHLBERG 1,000.00HANSSEN225,000.00 O’SULLIVAN .00 REVIER 1,200.00 GRONBERG 4,400.00 SAKLAD 12,000.00 CARLSON .00FERRELL1,000.00 RIGELHOF 5,000.00 BIRCH 1,000.00ELSEN1,100.00 SAPA 1,500.00 TAYLOR 1,000.00 600.00 THIESSE 1,000.00THIESSE3,000.00 GIBBS 1,500.00 POPP 2,000.00 WINTER 1,100.00 ROOD .00 EGGERT •00.00 BURNS .00JUNDT4,500,000.00 BREZA 10,000.00 MENGE 700.00LORD1,200.00 CARLSON .00 CALLAHAN 1,400.00 THIESSE 4,200.00 JUNDT 5.500.00JUNDT286,000.00 BENNETT 6,000.00 JOHNSSON 2,100.00 22,024.00 HANSER 1.000.00 OR-005337OR-005379OR-005392OR-005393OR-005394OR-005395OR-005396OR-005397OR-005398OR-005399 OR-005400 OR-005401 OR-005402 OR-005403 OR-005404 OR-005405 OR-00S406 OR-005407 OR-005408 OR-005409 OR-005410 OR-005411 OR-005412 OR-005413 OR-005414 OR-005416 OR-005418 OR-005419 OR-005420 OR-005421 OR-005422 OR-005423 OR-005424 OR-005425 OR-005428 OR-005427 OR-005428 OR-005429 OR-005430 OR-OOS431 OR-005432 OR-005434 OR-00543S OR-005437 OR-005438 OR-005439 OR-005440 OR-005441 OR-005442 OR-C05443 OR-005444 OR-005445 OR-005446 OR-005447 93/08/02 N 93/08/02 N 93/08/03 N 93/08/03 N 93/08/03 N 93/08/03 N 93/08/03 N 93/08/03 N 93/08/03 N 93/08/03 N 93/08/04 N 93/08/04 N 93/08/05 N 93/08/06 93/08/06 93/08/06 93/08/09 93/08/09 93/08/09 03/08/10 93/08/13 N 93/08/10 N 93/08/11 93/08/12 93/08/13 93/08/13 93/08/16 93/08/16 93/08/16 93/08/17 93/08/17 93/08/19 93/08/17 93/08/18 93/08/18 93/08/18 93/08/18 93/08/18 93/08/19 93/08/18 93/08/19 93/08/26 93/08/23 93/08/20 93/08/20 93/08/2U 93/08/23 93/08/23 93/08/23 93/08/23 93/08/23 93/08/23 93/08/23 93/08/23 N N N N N N N N N N N N N N N N N N NN N NN li N N N N N N N N 3038860309134352852752753435285507 2740 3230 875 3745 4629 4435 507 4736 4629 455 540 2420 2691 110 2496 620 3415 4515 2305 2879 1015 1342 795 3845 3845 3038 1305 712 3280 1371 3407 1400 4000 320 3505 620 2545 3845 1420 1400 315 4765 770 1685 CASCO POINT RD WINDJAMMER LA FARVIEW LA EASTLAKE ST CRESTVIEW AVE CRESTVIEW AVE CRESTVIEW AVE EASTLAKE ST CRESTVIEW AVE FERNDALE RD N ETHEL AVE BOHNS PT LA WINDJAMMER LA SHORELINE DR TONKAVIEW LA WOLVERTON PL PARK LA NORTH SHORE DR TONKAVIEW LA FERNDALE RD N NORTH ARM DR SHADYWOOD RD ETHEL AVE LEAF ST OLD BEACH RD BIG ISLAND WATERTOWN RD NORTH SHORE DR BAYVIEW PL CASCO POINT RD LINDEN LA REST PT CIR OLD CRYSTAL BAY RD N BAYSIDE RD BAYSIDE RD CASCO POINT RD SHORELINE DR TONKAWA RD NAVARRE LA REST PT LA EASTLAKE ST BRACKETTS POINT RD NORTH SHORE DR TURNHAM RD CRYSTAL PL BIG ISLAND NORTH SHORE DR BAYSIDE RD BRACKETTS POINT BRACKETTS POINT TONKAWA RD TONKA'/IEW LA OLD CRYSTAL BAY FOX ST RD RD RD N 02 14710532 29 14731364 01 29337200 01 00000000 01 00000000 01 24738403 01 00000000 01 2473840301 2473840302 14284299 11 14730450 29 14214512 11 13364567 29 00000000 01 24461495 01 84737224 29 14725202 15 00000000 01 35453797 03 24703467 01 00000000 13 00000000 01 00000000 01 29723308 29 14725715 01 89411138 29 00000000 29 00000000 24 25410203 02 25911550 06 14766900 06 00000000 20 24738793 01 00000000 02 28736209 02 28736209 02 25354277 01 36332561 01 24724959 15 00000000 01 00000000 29 17867711 06 17509995 01 24738403 01 34719525 16 00000000 11 14726539 02 39296767 24 34871061 01 34871061 01 39414211 01 34641232 20 39418057 01 39296767 DANBERRY COMPANY B Q JOHNSON CONST CULLIGANDAY EARL W & SONSDAY EARL W A SONS DAY EARL W A SONS THE SHERBURNE CORP TRIPLE D HOME IMPROVEMENT R J ELSEN CONSTRUCTION BLAISE WATSON CO WIDMER INC MIDWESTERN LAWN SPRINKLERS NEW DESIGNS OF MTKA INC M H SEIFERT CONST GENERAL PLUMBING A HEATING DOUG LINDEN INC THE CARPENTERS CONST CO HOLASEK DEAN CUSTOM PLBG INC NORTHRIDGE PLBG CO ODIN BUILDERS CITYVIEW PLBG A HTG KLUVER MECHANICAL CO:<ST KLUVER MECHANICAL CONST TIMS QUALITY PLUMBING FIRESIDE CORNER WESTONKA MECH CONTRACTORS KRAUS ANDERSON MIDWEST CLAYBAUGH L-»NSTRUCTION DAY EARL W A SONS JAR REFRIGERATION SMITH WF ROOFING VOGT FKtD A CO DOODY MECHANICAL INC DOODY MECHANICAL INC KLEVE HTG A AC ACE MECHANICAL SERVICES BUDGET PLUMBING CORP VOGT FRED A CO ADDR NBR STREET WORK ID NUMBFR COMPANY OWNER LAST NM VALUATION3295CRYSTAL BAY RD 11 00000000 ZAGARIA 2,000.002691CAROLINE AVE 24 35378491 SUPERIOR CONTR INC PULVER 3,600.001437NORTH ARM DR 11 00000000 BENNETT 749.0041G6HIGHWOOD RD 11 nooooooo DEVAAB 400.003415EASTLAKE ST 01 JOOOOOOO WUERTZ .002660FOX ST 15 00000000 DANE 1,345.002660FOX ST 17 00000000 DANE 1,345.00116CHEVy CHASE DR 24 38242656 STANDARD HTG A AC CO MCCARTHY 2,285.002a40ABINGDON WAY 01 15507614 TONY EIDEN CONSTRUCTION EIDEN 400,000.001285BROWN RD S 16 14793216 SCHOENING JOHN .001285BROWN RD S 17 14793216 SCHOENINQ JOHN .001335BROWN RD S 16 14793216 SCHOENING JOHN .001330CHERRY PL 23 14705263 LANDVIEW LANDSCAPING SUMEY .004705NORTH SHORE DR 11 14791910 SUBURBAN EXTERIORS INC CRAWFORD 7,300.002360WAYZATA BLVD W 13 00000000 .002110WEBBER HILLS RD 03 14732092 HOME STYLES CONSTRUCTION BEERNINK 8,000.00998WILDHURST TR 01 89411138 HOLASEK DEAN WAADE .004510NORTH SHORE DR 02 19280105 TOM SMITH CONST INC SAWICKI 44,400.003300FOX ST 17 14760400 LARSON HOMES MTKA INC FISHER .002135COLIN DR 24 54734361 JOHNSON JERRY EXC KELLEY .002825CASCO POINT RD 11 14744742 CALL ONE HANDYMAN YORK 5,270.00 4575 WOLVERTON PL 01 00000000 JOHNSON 200,000.00 3038 CASCO POINT RD 01 35595900 MIDWEST FIREPLACE CO GIBBS 1,000.00 USER REPOR* TOTAL4.925.00 4.925,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,925.00 4,925.00 Ml PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATEREPORT NBR. BPRMTISS-1 DATE OF RUN 09/03/93PERMIT TYPEBuildingSQL FAHiLY-NEWSF-ADD/REMODELSF-ACC STRUCTUREDEMO/PRINCIPALCOMMERCIAL-NEWCOM-ADO/REMODELCOM-ACC STRUCTURDEMOINSTITUTION-NEW INST-ADO/REMOOEL INST-ACC STRUCT INST-LAND ALT PLAN REVIEW ONLY DEMO-ACCESSORY ACC/QARAQES Sub-totalMechanical HEATING SYSTEMS AIR CONDITIONINGWOOD STOVE/FLUE WOOD COM/AbD-ONFIREPLACE VENTILATION FUEL STORAGE GAS LINE INSPECT DUCT WORK ONLY REMOVE OIL TANK UNDEFINED Sub-total Plumbing FIXTURES WATER METER REPLACE METER UNDEFINED Sub-total Sewer & Water SEWER CONNECTION WATER CONNECTION NEW SEPTIC SYSTE DRNFLO &/0R TANK SAC ONLY SEWER DISCONNECT SEWER & WATER UNDEFINED Sub-total Sign PERMA NENT/POSTED QTY PERMIT ISSUED REPORT CITY OF ORONO-- CURRENT RANGE - 01/01/93 - 08/31/93BASE FEE2.832.506.307.502.261.50300.00 0.00171.00 0.0030.000.002.677.00330.00 0.00 0.00395.30 1.68966.993.50* 8.830.10 1.356.00 0.00 70.00 10.256.10 529.50 70.00 500 00 150 00 250 00 0.00 350.00 0.00 849 50* 35.00 VALUATION4,943.624.007.618,596.44224,715.000.000.009,000.000.000.000.00520.600.00 37,000.000.000.001,345.00277.900.00 13,632,780.44*553,368.0031.365.00 1,000.000.0083,012.163.000. 00 51.129.00 1.000. 00 8.452.00 27.350.00 1.900.00 781.576.16* 578,357.55 0.00 0.00 950.00 579,307.55* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 1,200 00 PLAN REVIEWO.OC0.0039,665.77*0.000.000.000.000.00 0 00 QTY PAGE: 1REQUESTER: CARO'E-- PREVIOUS RANGE - 01/01/92 - 08/31/92BASE FEE50.900.50*2.625.00 375 0090.0030.00855.0090.00 60.00 180.00 150.00 360.00 0.00 4.815.00 6.910 1.701 0 60 8.671 120.00 30.00 600 00 090 00 0.00 30 00 300.00 30.00 200.00* 150 00 VALUATION.502.00 .620.00 131,400.00 4,000.00145.000. 00164.000. 00 1.200.000.001,175,891.00 0.00 0.00 0.00 0.00 2,000 86,150.763.00*53.005.001.00 0.0010.00 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* 3,867.00 PLAN REVIEW. 120.000.000.000.000.000.00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 REPORT NBR. E DATE OF RUNPERMIT TYPE PER./FREE ST4 TEMPORARY Sub-totalFireLAWN SPRINKLE FIRE SPRINKLE Sub-totalUior DelIned LAND ALTERAT] TREE REMOVAL RETAINING WAl Sub-totalGrand-total-Tv was\Wii•MiTH [•MiTn•WtTi^•JtaTfl tuili iKiTil [tJMU] iMili^ • j• ?• r• ?it• 4 iE; 1 kROLE•VIEW0.000.000.000.000.000.000.000.00*0.00**AROLE Deephauen Excelsior Greenwood Long Lake Medina Minnetonka Beach Mlnnetrlsta LAKEMiNNETONKA if CABLE COMMVmCATiONS COMMISSiON Pa,. [SEP, 1 6 i393 540 Sreond Streri • J’.O. Bo* 473 • Excelflor. Minnesota J53JI-0473 (612)474-5539 • F«*(612)474-0430 September 15, 1993 Enclosed are the minutes of the August 17, 1993 full Communications Commission meeting. Orono S(. Bontfaciua Shorewood Spring Park Tonka Bay Victoria Woodland Cable There is JIO Executive Couunittee meeting scheduled for September 1993 (see last paragraph, section VI of the August minutes). Regards, LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION /cl Enclosures LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION FULL COMMISSION MEETING TUESDAY, AUGUST 17, 1993, 5:00 PM 322 SECOND STREET, EXCELSIOR I. CALL TO ORDER irman Salazar called the meeting to order at 5:10 P.M. C C 'i Our 1 o • ^.93 DIRECTORS PRESENT Tim Salazar/Min;i itrista. Chairman Barb Brancel/Shorcwood, Vice Chair Tim Pattrin/Orono, Treasurer Ann C. Thies/Medina, Secretary Bob A:'derson/Tonka Bay, At Large Dennis Stanga/Deephaven. At Large Jim Olds/Excelsior, At Large OTHERS PRESENT Jim Oaniels/Administrator Colleen Lindskoog/Admin Asst. Greg O'Gorman/Production Coord. Ann Merki/Asst. Prod. Coord. Tom Creignton/Attorney Bob Langley/Triax Cablevision John Czerwonka/Accountant Zach Moos/Award Recipient George Lumis/Resident Dale Moo/Deephaven; Robert Murphy/Excelsior; Jan Gray/Greenwood; Tom Markle/Minnetonka Beach; Andrew Weinzierl/St. Bon’facius; Sidney Wear/Wcodland II. APPROVAL OF MINUTES Salazar asked for discussion or motion to approve the minutes of the June 15, 1993 meeting. Motion 8.17.93.1 Brancel moved to approve the minutes. Thies seconded. Motion passed unanimously. III. REPORTS a) Treasurer's Report Pattrin requested in the iterests of time for the June 1993 and July 1993 Check Registers be approved as presented. Motion 8.17.93.2 Olds moved to approve the Check Registers for the periods of 6/1/93 through 6/30/95 and 7/1/93 through 7/31/93. Anderson seconded. Motion passed unanimously. Pattrin then described the 1993 Second Quarter Report. Motion 8.17.93.3_ _ _ Markle moved to approve 1993 Second Quarter Report. Brancel seconded. Motion passed unanimously. b) Administrator's Report Daniels introduced Greg O'Gorman and Ann Merki to the full Commission and welcomed them. Daniels then stated that, at Salazar's request, he had made contact with Regional Channel 6's Chuck Slocum. They are still working on the reception problems even though it has been temporarily removed from our area. Slocum is hopeful that something can be worked out and we will eventually receive an acceptable Channel 6. The Government Access Channel (Channel 8) is a great success. Daniels has received very positive remarks from the public. Daniels informed the Commission that the Annual Volunteer Recognition Awards are coming up and extended a general invitation for the Commission to attend the live taping of it. Daniels briefly stated that the Video Toaster is in place and working and would let O'Gorman go into more detail in his report. LMCCC - August 1993 Meeting Page 2 b) Production Report O'Gorman gave a brief overview of things since he has taken over the position of Production Coordinator. He stated that the Video Toaster is working great and has brought the studio into a whole new production realm. It allows a huge variety of special effects that enhances the end product immensely. Production wise, all the shows are going well and production is up. The are almost completed and he has high hopes for the graduates. O'Gorman then thanked Jan Gray for filling in at the last minute for the "Community Spotlight". classes program c) Triax Report Langley stated that there will be a phone interruption on Monday, August 23, 1993 and "^jesday, August 24, 1993 due to the installation of a new and improved phone system. Langley then stated that the Proof of Performance required by the FCC is in progress and should be completed by August 26. 1993. Chairman Salazar requested a change in Agenda moving item V.a) Video Program of the Quarter Award. With no contest, he then presented the award to Zach Moos. Moos made a brief statement of thanks to the Commission for allowing him the opportunity to produce. IV. a) UNFINISHED BUSINFS Status of South Shore Apartments (Excelsior) Daniels stated that Triax has a signed agreement with South Shore management. Langley concurred and stated it should be cabled later this fall. Apartments' b) Comroittee "rono Studio Pattrin s’ '3d that after several meetings with Langley, several specific events have or should ts^- place for the Orono studio. * Triax received and accepted a letter of resignation from Brian Bergstrom, Orono Community Education. Interviews for a studio manager replacement are underway This position will be paid for by Triax and Orono Public Schools. * Triax will promote the Orono studio access classes and production facilities. * The studio will not be relocated to another building, however a larger space may be provided. * The equipment was inspected and evaluated by a Paragon Cable technician. There was a problem with the portable studio cameras. However, Langley informed tiie Committee that these will be replaced after the new studio manager is on board. Pattrin then stated that the Committee is satisfied with these proposals, however, it intends to closely watch the development in the northern area ' this franchise prior to any other recommendations. He then commented that it is the Committee's hope that any replacements are of finer quality than originals and that the studio lose the look of a classroom. Pattrin thanked Langley's promptness and coooeration in working on this problem. V.NEW BUSINESS Cl ission's Attorney, Tom Creighton, Reports on New FCC Rules Salazar introduced Attorney Tom Creighton. Creighton gave a brief history of his relationship with the LMCCC. He then stated that he would be discussing the two main issues of Customer Service Standards and Rate Regulations that Congress has implemented in the past year. * Customer Service Standards - The FCC's objective was to set a minimum of standards that cable companies must meet. Appendix B (attached) is the FCC outline of these minimums. Creighton stated that he feels Triax currently meets these standards however, a resolution mandating that they must meet these standards is required by the FCC. The official resolution (attached) must state that the Commission will enforce the LMCCC - August 1993 Meeting Rage 3 FCC minimum standards, enforce the franchise agreement standards, enforce the individual city ordinances and will provide Triax with 90 days written notice of the LMCCC's intent to enforce these standards as set forth. Creighton then asked for questions. Olds asked if a motion to adopt this resolution would have anything to do with the FCC Rate Regulations also at question. Creighton stated that Rate Regulations are a completely separate issue and would not be effected by the passing of this resolution. Motion 8.17.93.4_ Olds moved to adopt the official resolution as presented by Attorney Creighton. Thies seconded. Motion passed unanimously. Daniels then asked for direction as to what is next required. Creighton replied that a written notice must now be sent to Triax Cablevision stating that Resolution 8.17.93.4 has been officially adopted. It will be in effect 90 days after notice is sent. * Rate Regulation - Creighton explained that in 1984 the Federal Government took away rate regulation rights from cable commissions. The new legislation gives regulatory rights on basic rates and all equipment associated wUh basic rates. However, this is a d•scrationarv right meaning it is up to the Commission if it wants to regulate the cable company. The FCC decided regulation was necessary because the cable companies had no competition. The task is to find out if Triax's cable rates are reasonable and meet a benchmark rate that is set from a comparison of "competitive" rates as established by the FCC. Creighton explained that to become a regulatory body the LMCCC has to appl} to the FCC for certification. He then recommended that if the Commission wants certification, the application should not be sent any later than September 15. 1993 to provide ample time for processing. The current cable rates are frozen by the FCC until November 15, 1993. The Commission wouldn't want to wait until after this date, because any increases could not be regu’iated and would set a new benchmark rate. If the LMCCC is certified and adopts the FCC rules, Triax would then have 30 days to provide the financial information required to determine their standing on the "Benchmark Rates of Competition". If they are below or meet those rates they are official. However, if Triax is above the benchn;ark and a roll­ back is directed by the Commission, they must roll-back or fight it with a Cost of Service Hearing. If a Cost of Service Hearing fight is waged, it may cost as much as $10,000 - $12,000. Creighton stated he felt this was an unlikely occurrence due to the fact it would cost Triax the same if not more to get into a legal battle. He then stated that there are many "pros" and "cons" to regulating rates and would outline a few on each side of the issue. On the "con" side of the issue, the costs associated with regulation has to come out of the franchise fees. Approximately $2,000 - $4,000 of regulatory expenses are looked at overall. Politically, when constituents asked about rates and increases (which will occur occasionally) prior to having a regulatory authority it was easily deferred, however, with the authority comes the additional burden of having to explain any increases and why it's been allowed. Currently a non-antagonistic relationship with Triax is enjoyed - rate regulation could change this. The luxury of having a "hands-on" knowledge of almost every issue will no longer be possible. Some issues will have to be left to the professionals and the Commission will have to trust their judgement to do what is necessary and correct. There is one major item on the "pro" side of the issue and that is that the Commission was originally formed as a regulatory body. Regulation also gives the Commission Triax's financial information and that is always beneficial. Commissioner Gray left the meeting at 5:48 pm. Creighton then stated that if the Commission decides to request certification an official motion instructing Administrator Daniels to request certification by application to the FCC and to give written notice of this intention to Triax is necessary. Salazar 'thanked Creighton for his very informa'.ive presentation, then asked for questions from the floor. LMCCC - August 1993 Meeting Page 4 Olds asked if the KCC would still monitor rates even if the LMCCC did not request certification. Creighton replied that the FCC would most likely not, unless their were numerous subscriber complaints. Pattrin asked if the cable company would be able to raise it's rates, then ask for approval. Creighton said the cable company must give 30 days notice prior to any increase and must give justification for the increase. If the Commission feels that there is not enough information given another 90 days can be given to collect more data and the information. Pattrin then asked if the term "Basic" had been officially defined, stated that "Basic" is the lowest tier in which all broadcast, access and PEG Educational ? Government Access) channels can be received. Markle asked if action were necessary today. Creighton stated certification is planned, he would recommend official action take place as possible. Markle then asked if, due tc ^he time-line, a vote in favor of certification is taken this evening, however, the Commission decides after more thought that they wish to de-certify, is this possible? Creighton stated that Just because you are certified, that doesn't mean you have to regulate. Thies concurred with Creighton in stating that the Lake Minnetonka Cable re-rev lew Creighton (Public. that soon if as Communications Commission wa Motion 8.17.93.5 formed as a regulatory body. Thies moved to direct staff to prepare application to the FCC for the Lake Minnetonka Cable Communications Commission's certification to be a regulatory authority. Pattrin seconded. Salazar asked for questions and/or coniments, receiving none, he then called the vote. Motion passed unanimously. then asked for c) Approval of Proposed 1994 Budget Salazar gave a brief summary of the proposed 1994 budget and questions. Olds stated that in view of the previous motion, it should be known that although there is not a line item in the proposed budget for rate regulation, the money is available from monies put away over the years in legal funds. Daniels stated that additional funds were included for the coverage of two new cities' council meetings in 1994. Motion 8.17.83.6_ Brancel moved to approve presented. Anderson seconded. Motion passed unanimously. Daniels then explained that this now goes to the approval. He encouraged the Commissioners that do not sit on the council to attend their city's meetings in support of the 1994 budget and the LMCCC. the proposed 1994 budget as individual city councils for d) Quarterly Subscriber Complaint Report Daniels stated that the complaints for the 2nd quarter have been handled satisfactorily. He also stated that although the system outages have increased this summer, it has not been at the fault of Triax. Several lightening strikes and construction problems have occurred, however, the resulting outages were corrected expeditiously. VI. MAHERS FROM THE FLOOR Salazar stated that during the Budget Committee and Executive Committee meetings the idea of having an official logo for the LMCCC to improve it's image was discussed. He explained that it was looked into and that for a professionally designed logo it would cost approximately $250. Motion 8.17.93.7_ _ _ Pattrin moved to approve the appropriation of an amount not to exceed $300 for an official LMCCC logo. Stanga seconded. Motion passed 10/2. Murphy, Wear voted nay. LMCCC - August 1993 Meeting Page 5 Salazar introduced George Lumis from the audience. Mr. Lumis stated he felt his complaint with Triax's lack of response to a request for cable construction of his neighborhood has not been satisfied. He is now requesting that the completion date of September lO, 1993 be set for them. Salazar thanked Mr. Lumis and deferred to Langley for conments. Langley stated that there has been some delays, however, the equipment has been delivered and completion is planned for as soon as possible. No official Commission action was taken. Pattrin asked about the "Must Carry" rule. His understanding is that in the franchise agreement with Triax, they are required to carry the local broadcast channels of 2, 4, 5, 9 & 11 and if they do not carry them they are out of compliance. However, if 'iux is not able to negotiate to continue to receive these channels, will this make Triax out of compliance? Creighton stated that yes, Triax would be out of compliance and the Commission could take action. The franchise agreement does not state that they must carry these channels only if they are free. Salazar asked for the September 1993 executive Coitsnittee meeting to be cancelled. The Executive Committee members agreed and will meet again in October 1993. ;V:RESOLUTION NO. 8.17 .93.4 Resolution Regarding Enforcement of Customer Service Standards in the Cities of Lake Minnetonka, Minnesota Franchise .\rea WHEREAS, Title 47 CFR, Pan 76, § 76.309 has been amended to grant cable franchising authorities the right to enforce customer service standards for cable television service; WHEREAS, the Joint and Cooperative .Agreement creating the Lake Minnetonka Cable Communications Commission ("Commission ”) authorizes the Commission to grant, enforce and administer a cable communications franchise on behalf of the Cities of Deephaven, E.xcelsior, Greenwood, Long Lake. Medina. Minnetonka Beach, Minnestrista. Orono. St. Bonifacius, Shorewood. Spring Park. Tonka Bay. Victoria, and Woodland. Minnesota ("Member Cities"); WHERE.AS, the Commission desires to enforce customer service standards found in § 76.309; WHERE.AS, § 76.309 permits Franchise Authorities such as the Commission and cable operators to agree to customer service requirements which exceed the standards set forth in § 76.309; WTrERE.‘\S, tile ^ nunission and the cable operator have 'greed to a Cable Communications Franchise Ordinance which may contain customer service requirements which exceed standards set forth in § 76.309; and WHFRFA.S, the cable operator has agreed to comply with all existing ordinances of the .-.a Member Cities, and such ordinances may contain customer service requirements which exceed the standards set forth in § 76.309. . » • • * »•.« NOW, THEREFORE. BE IT RESOLVED, by the Lake Minnetonka Cable Conununications Commission that ii' will enforce the customer service standards set forth in § 76.309. FURTHER, that the Commission will enforce any customer service requirements currently e.xisting in the Cable Communications Franchise Ordinance that exceed the standards set forth in § 76.309. FLETHER, nothing in this Resolution shall be viewed to prevent the individual Member Cities from enforcing thnse customer service requirements in their respective city ordinances which exceed the standards set forth in § 76.309 or the Franchise Ordinance. FLETHER, that staff is directed to provide Triax Cable ninety (90) days wrinen notice of its intent to enforce the above-referenced standards. The following Resolution was moved by Commission Member Jint Olds__________ and seconded bv Commission Member *7. Thies The following Commissioners voted in me affirmative: Tim Salazar, Barb Brancel, Tim Pattrin, Ann Thies, Bob Anderson Dennis Stanga, Jim Olds, Dale Moe, Robert Murphy, Jan Gray, Tom Markle, Andrew Weinzierl, and Sidney Wear. The following Commissioners voted in the negative. LAKE MINNETONKA CABLE COMMUNICATIONS CO\CVnSSION DATED: Aucust 17 , 1993 .-.msM •; Its Secretar*/ •• • < CCRRECTZD A^EMDIX a ritile <17 Cr"’., Parc 75 (Cafcle Television Service)# Subpari (General Cceracir.c P.ecuirer.encs) is anended as follows: 1 ne aucbcricy ciiacicn ollows: r Pari 76 is revised to read as AUTHCRITT: Secs. 2, 2# -1, 301, 303, 307, 308, 309, 43 Stat., as arr.e.nded, 1064, 1055, 1056, 1081, 1082, 1083, 1084, 1085, 1101; 47 U.S.C. Secs. 152, 153, 154, 301, 303, 307, 308, 309; Secs. 512, 614-615, 523, 632 as amended, 106 Stat. 1460; 47 ''.S.C. Secs. 532, 533, 535, 543, 552. •?•Secticn 75.309 will be added to tbe Comnission'3 Rules and will read as follows: Sectio.n 7 5.30 9 Customer Service Obligations (a) A cable frar.cnise autbcrity may enforce the custo.mer service standards set forth in paragraph (c) of this section against cable operators. The franchise authority must provide affected cable operators ninety (90) days written notice of its intent to e.nforce the standards. (b) Ncthi.ng in this rule should be construed to prevent or prohibit: (1) A franc.hisi.ng authority and a cable operator from agreeing to customer service requirements that exceed the standards set forth in paragraph (c) of this section; (2) A franchisi.tg authority from enforcing, through the end of the franchise term, pre-existing customer service requirements that e.xceed the standards set forth in paragraph (c) of this section and are contained i.n current franchise agreements; (3) Any State or any franchising authority from enacti.ng or enforcing any consu:r.er protection law, to the extent not specifically preempted herein; ..r (4) The establishunent or enforcement of any State or municipal law or regulation concerning customer service that imposes customer service requirements that exceed, or address matters not addressed by, the standards set forth In paragraph (c) of this section. 7 (cl Effective I • •ly 1, 1 393 # a .cabl^ ccer?."cr sr.ai. ^'-c^ect. tio fcllcwinq cuscor.er service scar.carc.s: 11) Cade syscen •r -r ; ^avalIccilitv- able oceracc-’ will r.air.rair. a Icca-#*"c^ 1 *“^ree cr - ^ (1) Tr.e cac.e oceracc. - --------- 7 , co’'-=‘''t call teleohcr.e access Line wnicn will ce avai-ao-e cc i sucscrisers Z-; ncurs a day, seven cays a wee<. (A1 Trainee ccncany recresencacives will =e respcnc ta.ccscc-er telecncne inquiries curing ncr-a- -us-s hours. i3) After norrial business hours, the access line nay be answered by a service or an autcnatec response -.x.-d an answering r.acnine. Inc'uiries receivec^a.q. hours r.ust'ba respondec to by a trainee ^.-r^-a../ ----- • - u-.- tne next business cay. (ii) Uncer ncrr.al operating concitio.ns, -a-e-i.o.._ a..sw - ^ ti.te by a custor.er representa:ive , inducing wart ti.ee, s..a--^^oc -w;—., (30 seconds.. when the connection ...ad_. -- -..e dirtv (30)-L;ln5s! These ^tancarcs shall be .eet^no less than ninety (90) percent of the tc.ee under ncreac opera.-g conditions, eeasured on a quarterly oasis. (iii) 'The ocerator will net be required to acquire equipeegt or oerforrt s*u7/eys to measure co.eclia.nce with the telepnone answering standards,above unless an .nistorioal recor- o- comolaints indicates a clear rai-ure to co.ep-y. (’V) Under normal cceracing conditions, the custo.eer will receive a busy signal less than, three (2) percent cr t.ie time. (V) Customer service center and bill payment locations wii- be open at least during, normal business hours and wii- be conveniently located. (2)' Installations, ' outages a.nd service calls-^ U.nder noraal co.nditions, eac.n of the following -our Sv.a..-a--s w-.-- bfme^no less t.han .d.nety five (95) percent of the time measured on a quarterly basis:. . (i) Standard installations will be performed (7) business days .after an order has been Placed. ^;-anda.d installations are those that’are located up to l-o -2-t .-cn -he existing distribution system. {i:.} Exciudir.c ccndicicns ceycr.d “he ccntircl of fhe cperacor, cr.e cable operaccr will begir. wcr<:.ng on "serv:.ce ir.cerrupcior.s" promptly and in no event later than 24 hours after the interruption becomes known. The cable Operator must begin actions to correct other service prc.clems the next business day after notification of the service problem. (iii) The "appointment window" alternatives for i.nstallations/ service calls, and other installation activities will be either a specific time or, at maxi.mum, a four-.ncur ti.me block durinc normal business hours. (The operator may sc.nedule service calls and ether installation activities outside of normal business hours for the e.xpress convc.nie.nce or the customer.) (iv) .i_n ocerator .may net cancel an appointment with a customer after' the close of business on the business day prior to the scheculed appe int.ment. (V) If a caJole operator representative is running late for an appoint.ment with a cui comer and will not be able to <eep^tne appoint.ment as scheculed, the customer will be contacted. The appointme.nt will bo resc.heduled, as .necessary, at a ti.me which is convenient for the customer. (7) Communications between cable operators and came subscribers- (i) Notifications to subscribers- (A) The cable operator shall provide written information on each of the following areas at the ti.me of installation of service, at least annually to all subscribers, and at any time upon request: (1) Products and services offered; (2) Prices and cpticns cor programming services and conditions of subscription to progrartming and other services, (3) Installation and service maintenance policies; (4) Instructions on how to use the cable ser“/ice; and, (5) Channel positions erf programming carried on the system; (6) Billing and ccmolaint procedures, including the address and telepnone number cf the Iccai franchise authority's cable office. 7 (B) Customers will oe r.ocifieri c: any cnances rn races, procramminc services cr channel pcsicions as scon as pcssrc:.e chroucn announcerencs on the cable system and in writing. Notice must be given to subscribers a mini.mum or tnirty (30) days i.n acvance or suc.n changes ir the change is within the control or tne cade cperator. ’in addition, the cable ccerator jnall notify sucscribers thirty (30 days in advance of a.ny sipnirleant Changes in the otner inrormat .on requirec by the preceding paragraph. (ii) Billi.ng- (.\) Bills will be clear, concise and understancable. Bills must be fully itemirec, with ite.'nications i.ncluding, out .not li.mited to, basic a.nd pre.mium. service c.narges and ecuipment Charges. Bills will also clearly delineate all activity during t.ne oilling period, i.ncludi.ng optional c.narges, recates a.nd (3) In case of a billing dispute, the cable operator .must respond to a written complaint from a subscriber within thirty (30) days. (ill) Refunds- Refund checks will be issued promptly, but .no later than either- (A) the customer's ne-xt billing cycle followi.hc resolution of the request or thirty (30) days, whichever is earlier, or (3) The retur.n of the equipment supplied by the cable operator if service is terminated. (iv) Credits- Credits for service will be issued no later than the customer's ne.xt balling cycle following the determination t.hat a credit is warranted. (4) Definitions- (i) Normal Business .Hours- The term "normal business hours" means those hours during which .most similar businesses i.n the community are open to serve customers. In ail cases, "normal business hours"'must include some evening hours at least one nig'uc per week and/or some weekend hours. (ii) Normal Operating Condition.^- The term "nor.mal operating conditions" means those service conditions which are within the control of the cable operator. Those co.nditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cabiC cperator i.nclude, but are not limited to. 0 scec-al prc.-nocicns,- a •• .apay-per-'/iew evencs, peak cr seasonal cer.ar.d periods, ar.c rainoenance or upcrace cf ci’.e carle syscen. increases, recuiar (lai) Service Ir.cerri;dc.icn- means cne loss or oicccre or scur.c The earn "service incerrcpcicn" cn one or more cable channels. MONTHLY REPORT For TRIAX CABLEVISION STUDIO LOCATION Excelsior Month: Auoust. 1993 Date Submitted:Seotember 2. 1993 Studio Usaae Monthly '^otal Cumulative Total Field Equipment 30.50 271.25 Editing 51.00 343.75 Studio 8.00 137.75 # Certified Users Monthly Total Cumulative Total Field 0 242 Editing 4 192 Studio 4 109 No. of Progrcuns Completed 19 158 New Programs (List first time showing only)for month of report Capitol Update - August '93 Seniors' Corner - August '93 Where Arc They Now? §22 Shorewood City Council Meetings (8/9 & 8/23) Kxcelsior City Council Meetings (8/2 & 8/16) Victoria City Council Meetings (8/5 % 8/19) Tonka Bay City Council Meetings (8/10 & 8/24) Spring Park City Council Meetings (8/2 & 8/16) Congressman Rod Grams at Orono City Hall (8/17) LMCCC Meeting (8/17) The Texas Cowgirls The Texas Cowgirls Live Watch This Community Spotlight Monthly Report for TRIAX CABLEVISION Paqe 2 Programs in progress Seniors' Corner Coaununity Spotlight Watch This Rubbish Revival Vendetta The Raptor Center Promotion -Weekly program schedule printed in the Sailor, The Laker/Pioneer and Chanhassen Villager -Program schedule and highlight information which cycles through on Channel 21 when programming isn't being run Workshops The following were conducted: Editing I on 8/5 Editing II on 8/12 Studio on 8/19 Outside progreuns Senate Report (4 programs) Cornerstone Prayer Center (4 progrems) Normandale C.C. Course: Here's To Your Health/Healthful Living (4 programs) Life Principles (4 programs) L.akc Country Currents On the Air with Jer Waconia Board of Education Meeting (8/9) Orono Community Education Group Soup Welcome to Orono Schools Shalom Scripture Studies Equipment/Studio Sony ECM-44B lavalier microphone has a torn cord; will need to be rewired Deephaven Excelsior Greenwood Long Lake Medina Minnetonka Beach Mlnnetrista LAKE MiNNETOSKA CABLE COMMVmCATnONS COMMiSSION Orono St. Bonlfacius Shorewood Spring Park Tonka Bay Victoria Woodland 540 Second Street * P.O. Box 473 • Excelsior, Minnesota 55331*0473 (612) 474*5539 • Fax (612) 474*0430 August 20, 1993 Robert V. Langley, Regional Manager Triax Cablevision 1504 Second Street South East P.O. Box 110 Waseca, MN 56093 Dear Mr. Langley: The Lake Minnetonka Cable Communications Commission (LMCCC) held it's quarterly meeting on August 17, 1993. At that time, the full Cable Commission resolved to enforce the customer service standards as amended and set forth in Title 47 CFR, Part 76-76.309. Enclosed you will find a signed copy for your records. As I'm certain you are aware, the LMCCC's enforcement will become effective ninety (90) days after your receipt of this letter. If you have any questions regaurding this LMCCC action, please contact me. Sincerely, LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION James W. Daniels Administrator JWD/cl Enclosure cc: T. Salazar, Chairman All Cable Commissioners T. Creighton, Attorney Deephaven Excelsior Greenwood Long Lake Medina Minnetonka Beach Minnetrista LAKE MINSETONKA CABLE COMMVmCATtONS COMMISSION 540 Second Street • P.O. Box 473 • Excelsior. Minnesota 53331-0473 (612) 474-5539 • Fax (612) 474-0430 Orono St. Boni/acius Shorewood Spring Park Tonka Bap Victoria Woodland August 31, 1993 Federal Communications Commission P.O. Box 18539 Washington, DC 20036 ATTN: Cable Franchising Authority Certification Dear Federal Communications Commission: Enclosed is completed form FCC 328, that returns "Basic Cable Service Rate" regulatory authority to the Lake Minnetonka Cable Communications Commission (LMCCC). The LMCCC has determined that Triax Midwest Associates, L.P. dba Triax Cablevision is not subject to effective competition, and has significantly more than the minimum thirty percent (30%) penetration of homes in the franchise area. They clearly qualify for "basic" service rate regulation by the LMCCC. If you require any additional information, you can contact our Excelsior, Minnesota office, as shown at the top of this letterhead. Sincerely, LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION Timothy Salazar Chaiirman TS/cl Enclosure cc: All Cable Commissioners T. Creighton, Attorney Excoiatoristxxvmooa Sun«Sailor—MM. Sm». l. 1993- Local commission chooses to regulate Triax ’s rates By John Mugford In 11.184. the Lake Minnetonka Cable Communications Com ­ mission lost its authonty to regulate what a local cable television company could charge area subscribers for “basic ' channels — below chan­ nel 21. That year, the LMCCC was in the same boat as every cable commission in the country as Congress had taken away that authority. But recently, according to the LMCCC’s attorney, Tom Creighton, members of Con ­ gress have heard enough com ­ plaints to change that. Congress voted earlier this year to allow local cable commissions to choose whether they want to regain rate-regulating authority. And the I4-member LMCCC has taken Congress up on the offer. What that means is that the cable commission will require Tnax Cablevision. the sole sup­ plier of cable tele\Tsion to residents in 14 lake-ar«»a cities, to prove- th:it Lbe amount it is clurging for ba.sic cable cliaii- ncls is reasonable, said Creighton. The LMCCC will not have the authority' to make a ruling whether Triax is charging a fair rate for other cable packages, such as “satellite” . basic. But the LMCCC can register a com ­ plaint about those rates with the Federal Communications Com ­ mission (FCC), which would then begin an invest!gabon. “Because there is no competi ­ tion for cable companies, the premi.'^e behind this is to have local commi.ssions determine what companies would charge for bii.sic cable if there were competition. " Creighton said. "The FCC IS heipmg by i ro- viding cable companies wibi pages of forms to fill out. Tna,x will determine what a ‘ben­ chmark’ rate tor cable would be if there were competition."’ It will then be up to members of the LMCCC to determine •Ahether Tnax's basic rates and benchmark rates are reasonable, Creighton said. “Cable rates have just gone urcontroiled too long,” said Tim Saiazar, chair of the LMCCC. “Since the late 1980s. many monthly rates liave doubled or even tripled.” said Jim Daniels. adminisb:“ator ot the LMCCC. “And the commission has voic­ ed its concerns over the years.” But since the 1984 law iCok ef­ fect, cable commissioners have been able to do little about in­ creases in cable rates. “The commission ’s whole funebon changed from one of regulating rates to to that of em­ phasizing commur.ity p-rogram- mmg," Creighton said. "Regubting rates is a job peo ­ ple associate with local commissions.” At the beginning of this year, Triax did not change the $14.69 monthly rate it was charging subscribers for basic cable channels. However, cable com ­ missioners were upset when the company increased what it charges for ‘.'satellite basic.” one-ber above basic. At that bme. Tnax’s rate for - satellite basic increa.sed to $22.99 per month, up from $22.0.5 ti.e year before. But in June. Triax lowered what it charges for basic cable channels. 'Fhe new rate is $10.25 per month. Creighton warned commis­ sioners not to be iru‘'jenced by Tnax’s rate reduction. ’’That either means they’ve already determined that the benchmark rate will be lower than what they were charging," Creighton said. "Or it means they were trynng to conrince the commission that it doesn't need to regulate ” Regional managers for Triax were not available for comment. The FCC has frozen basic cable rates until ,\ov. 15. Had the LMCCC not voted to become a regulator by Sept. 1, it would have left tne door open for Triax to increase rates after the Nov. 15 freeze is lifted, Creighton said. ’’Then I don ’t know what power the LMCCC would have had to reduce the rates to the old level.” Creighton said. Should the LMCCC determine that what Tnax i.s charging for basic is too high, it can order Tnax to lower the rate. Tnax would have a chance to appeal the commission ’s ruling to the FCC. The LMCCC will not receive any extra money to regulate basic rates. Instead it must use existing revenues from TraLx’s franchise fee ' ■ to pay the expenses. .....’...... • “I would e.xpect it to cost the commission $2,000 to M.OOO.” Creighton said. S«otember 2. 1993 WEEKLY NEWS LMCCC moves to enforce regulation The Lake Minnetonka Cable Communi ­ cations Commission (LMCCC) took autnontative action at its Aug. 17 quarter­ ly meeting to enforce the reguiatton of ’basic’ cable rates, recently enacted by Congress and established bv the Federal Commumcations Commission (FCC>. This action officially reinstates local control over cable service charges. In a separate but related proceeding, the LMCCC moved to invoke minimum customer services standards as specified in Section 76.309 of the FCC Rules. By impiemcnting these rules, the LMCCC will subject the cable operator to minimum obligations relating to company office hours, telephone availability/answcring requirements, installation standards, ser­ vice interruptions, scheduled appointment stipulauons. and billing/compiaint proce ­ dures. *As we have stated repeatedly over the last couple of years, cable rates have just gone uncontrolled coo long and the time has finally come to regain the authonty that was taken away by Congress in 1984,* said LMCCC Chair Tim Salazar. *Thc cable communications commission has continuaily worked hard at achieving this goal, and that effort has not gone unre­ warded." The official action of the LMCCC re­ garding ’basic* rat*: control and improved ruslomcr service standards will affect cable subscribers in all 14 communities represented—Deephaven, E.xcelsior. Greenwood, Long Lake. Medina, .Minne­ tonka Beach, Minnclrista, Orono, St. Bonifacius, Shorewood, Spr.ng Park»^ Tonka Bay, Victoria and Woodland. Anyone seeking additional informar <n can call LMCCC Administrator Jim Dan­ iels during business hours at 474-5539. _ WEEKLY NEWS Augusts. 1993 Letters Credit where it's due To the Editor: About a year ago 1 sent you a "Letter to the Editor, which you printed, that gave credit to the Lake Minnetonka Cable Communicatiens Commission for its efforts in trying to gain control over cable • rates. . . • - I have spoken to the staff on several occasions and know that rate control has been a major issue. I also know the com­ mission has worked hard at achieving a semblance of control as the general public has been asking for. So for that effort, I would like to take this opportunity to thank the.m, not for myself, but on behalf of all cable customers. •: My cable bill went down in June, and I feel the cable commission, once again, deserves the credit for making it happen. • m ^ % m • . •w •• f Ed Engler-Orono MINUTES OF THE MEETING OF THE BOARD OF EDUCATION OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON AUGUST 9, 1993 The _.^gular meeting of the Board of Education of Orono Independent School District No. 278 was held on Monday, June 14, 1993. Present; Dave McKown John Maresh Thomas Mich James Franklin Martha Van de Ven Neal Lawson Absent: Peg Swanson, Pamela Schroeder UPON MOTION by Jim Franklin, seconded by John Maresh, the consent agenda was approved as follows: - approved the minutes of the July 1, 1993 Annual meeting; approved the appointment of Peggy Adam as a part-time early childhood special education teacher at Orono Primary School for the 1993-94 school year; - approved the appointment of Margaret MacCarthy-Knutson as a 5th grade teacher at Orono Middle School for the 1993- 94 school year; - approved the appointment of Cady Stauss as a music teacher at Orono Middle School for the 1993-94 school year; - approved the appointment of Karl Peterson as a math teacher at Orono High School for the 1993-94 school year; - approved the appointment of Tim Haislet as biology/chemistry teacher at Orono High School for the 1993-94 school year; - approved the appointment of Susan Jensen as speech/language teacher at Orono Primary School for the 1993-94 school year; - approved the appointment of Holly Elias as a psychologist for the Orono School District for the 1993-94 school year; - accepted the resignation of Rosemarie Ehalt, special education secretary, effective June 25, 1993; approved the request of Mary Ann Stinson, Schumann Elementary secretary, for a six (6) month continuation of her leave of absence; approved the fund-raising efforts of the Orono Tennis Association to raise approximately $5,000 to enhance the proposed storage and viewing facility for the high school tennis courts; approved the Activity Fund Report for fourth quarter, 1993; approved the Activity Fund Annual Report - 1992-93; approved the bills as covered by vouchers 078704 through 079062 and office checks as covered by vouchers 3675 through 3844. Motion carried. r*ifT*rsi •1M«] r*7siAi miwt] ^^KTira«] I Ml riiiiii«x»j UPON MOTION BY Martha Van de Ven, seconded by Jim Franklin, the Board of Education adopted the Five Year Capital Expenditure plan as follows; FIVE YEAR CAPITAL EXPENDITURE PLAN ON FILE IN DISTRICT OFFICE In the presentation of the 1993-94 District Goal, Dr. Mich stated that the District faces financial as well as facilities issues during the coming year(s) . He suggested that in addition to the completion of the action plans stemming from the long-range planning committees of the 1992-93 school year, that the 1993-94 school year become a year in which a planning process would be developed for 1994-95. Dr. Mich stated that this would be brought back to the Board for further discussion at the September 13 meeting. Dr. Mich presented the revised Mission Statement/Instructional Goals and requested that the Board members review these two documents and provide him with any suggestion/changes. He stated that this will be brought back for Board approval within the next month. Mr. McKown expressed appreciation to Dr. Mich, Peg Swanson and Martha Van dc Ven for their work in the development of these two documents. Melanie DeLuca provided the Board with a summary of the 1993 summer school program and summer activities that are handled by the Community Education department. She highlighted some of the new additions to the summer school program and shared a videotape with the Board of a theatrical production that was put on by 67 young people from the community. Ms. DeLuca informed the Board that an auction will be held on August 26 at which time the District will sell surplus equipment and residents may make donations. She stated that all money raised will be used to purchase a new refrigerator for the Student Center. The Board expressed appreciation to Ms. DeLuca and her staff for the excellent programs that are provided through Community Education. UPON MOTION by Jim Franklin, seconded by Martha Van de Ven, the meeting was adjourned. Motion carried. John Maresh, Clerk Dave McKown, Chairman