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12-13-1993 Council Packet
MINU'IKS OF TIIK REGULAR ORONO CITY COUNCIL MEETING HELD DECEMBER 13, 1993 ROLI 'Hie Council met on (he above date with the following members present: Mayor Edward Callahan. Counciln ’embers J. Diann Goetten, and Gabriel Jabbour. Joldlen Hurr arrived at 8:00 p.m. and Charles Kelley arrived at 8:45 p.m. The following represented staff: City Administrator Ron Moorsc, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoni ig Administrator Michael Gaffron, Public Works Director John Gerhardson City Engineer Glenn Cook, and Recorder Barbara Anderson. City Attorney Kevin Staunton arrived at 7:40 p.m. Mayor Callahan called the meeting to order at 7:30 p.m. m)CONSENT AGENDA Jabbour requested that Items ffS, #7, #9. #10. #14. #15. #16. #17. #18. #19. #20. #21, #22. and #23 be added to the Consent Agenda. Mayor Callahan moved. Goetten seconded, to approve the Consent Agenda as amended. Ayes 3. nays 0. APPROVAL OF .MINUI ES (*#2) RECin AR MEETING OF NOVEMBER 22, 1993 It was moved by Mayor Callahan, seconded by Goetten to approve (he Minutes ot the November 22. 1993 City Council Meeting as submitted. Ayes 3. nays 0. (*#3) TRUTH IN TAXATION PUBLIC HEARING OF DECEMBER 1. 1993 Jabbour noted that Mayor Callahan should be listed as Chair, and moved that be changed. Goetten secttnded. Aves 3. navs 0. It was moved by Mayor Callahan, seconded by Goetten to approve the Minutes ot the December 1. 1993 Truth in laxation Public Hearing as corrected. Ayes 3. nays 0. PARK CO.M.MISSION COMMENTS No one was present representing the Park Commission. PLANNING COMMISSION COMMENTS - Dale Eiiulquist. Represeniathc Ihere were no Planning ('ommission Comments PI BI 1C COM.MENT There were no public comments MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD DECEMBER 13, 1993 (;^4) y^lSSO JAMES SPINNER, 940 NORTH ARM DRIVE - VARIANCE Mabusih gave the staff report and reviewed the amended hardcover tacts as submitted on the revised plan. Mr. Heistein, representing the applicant, was present and inquired what it would take to get the variance approved. Lindquist reviewed the Planning Commission s discussion of this item, and stated that the Commission believed there w;is an excessive amount ot hardcover on the site, and that it would need to be reduced to be more in compliance with the ordinance requirements Gwtten commented she was opposed to additional hardcover and she did not support the variance. Jabbour concurred with Goetten because the size of the house was more than the lot area would allow and still remain within the ordinance standards. He did not support the variance. Mayor Callahan asked if ‘he petitioner would remove some of the hardcover on the property and Mr. Ilerstein responded that he believed Mr. Spinner would be willing to remove some of it. Discussion ensued about the difference between structural and non-structural hardcover. Mayor Callahan commented that if the concrete were removed the Council would be willing to review the applicadon again. Jabbour commented that he had attended the Planning Commission meeting and heard their discussion and he did not believe the applicant had gone tar enough to meet the criteria, and he did not support the variance. Goetten stated she concuned with the Planning Commission recommendation for denial. Mayor Callahan stated that he agreed, and while a full Council might give a different vote, he did not support granting the variance. He reiterated that he felt more of the concrete should be removed, and recommended that the item be continued until a full Council was present. It was moved by Mayor Callahan, seconded by Goetten. to continue #1850 variance for James Spinner at 940 North Arm Drive until the next City Council meeting. Ayes 3, nays 0. (•#5) #1860 ZEL.MA .MCKINNEY, 3599 LIVINGSTON AVENUE - CONDITIONAL USE PERMIT - RESOLUTION NO. 3370 It was moved by Mayor Callahan, seconded by Goetten. to approve Resolution No. 3370 approving #1860 Conditional Use Permit for Zelma McKinney at 3599 Livingston Avenue. Ayes 3. nays 0. ___ MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD DECEMBER 1993 (#6) /j'1874 GARY DESANTIS/SAILORS WORLD, 1955 SHORELINE DRIVE - VARIANCE - RESOLUTION NO. 3371 Gaffroii reviewed the suitt report, and noted that staff and Planning Commission recommended approval of the variance request. Gary DeSani's stated he had invited the Councilmembers to come out and look at the site and noted that he Wt.., concerned about being able to maintain the site tis he would like to, and keep it neat without the storage module. He requested he be allowed to install the screening on the north and west sides of the module. Councilmember Hurr arrived at 8:00 p.m. Goetten stated she had visited the site. Jabbour inquired what the module would be used to store and Mr. DeSantis responded that it would be used to store seasonal equipment, and would be utilized year around. A list ot the items that would be stored was included in the Council packet. Jabbour moved, Hurr seconded, to adopt Resolution No. 3371 approving ^1874 Variance tor Gary DeSantis/Sailor’s World located at 1955 Shoreline Drive subject to the following conditions: 1. 'Hie applicant shall combine the two lots into a single parcel. The Council retains the right to revisit uhe variance request. 3.The exterior of the storage module shall be painted the same color as the principal structure. 4. The applicant shall maintain a parking agreement with the Art Center Ayes 4. nays 0. Mayor Callahan commented that he felt the storage module should have been applied for when the main building was done. Mr. DeSantis agreed, but noted that they will maintain the structure and not allow it to fall into disrepair. (•#7) .^1887 RODNEY J. BATZLAFF, 1115 BROWN ROAD SOUTH - RENEWAL VARIANCE - RESOLUTION NO. 3372 It was moved bv Mavor Callahan, seconded by Goetten. to adopt Resolution No. 3372 approving the variance renewal #1887 for Rodney J. Batzlaff at 1115 Brown Road South Ayes 4, nays 0. MINUTKS OF THE REGULAR ORONO CITY COUNCII. MEETING HELD DECEMBER 13, 1993 (#8) /S'lSSO CRAIG HERTZENBERG, 115 SMITH AVENUE - VARIANCE - RESOLUTION NO. 3373 The amended variance request was reviewed by Mabusth. The petitioner was present and had no additional comments. It was moved by Jabbour, seconded by Goetten. to adopt Resolution No. 3373 approving variance 1880 for Craig Hertzenberg at 115 Smith Avenue. Ayes 4, nays 0. ^1891 BRIAN EHALT/DON JARNES, 140 LEAF STREET - VARIANCES - RESOLUTION NO. 3374 It was moved by Mayor Callahan, seconded by Goetten, to adopt Resolution No. 3374 approving variances #1891 for Brian Lhalt and Don James at 140 Leaf Street. Ayes 4, nays 0. (*10) #1892 BRUCE KEHRING, 4415 FORES! LAKE LANDING - VARIANCE - RESOLUTION NO. 3375 It was moved by Mayor Callahan, seconded by Goetten, to adopt Resolution No. 3371 approving var’ance #1892 tor Bruce Kehring at 4415 Forest Lake I-anding. Ayes 4, nays 0, (#11) 1340 BALDER PARK - SE\\T:R CONNECTION Gaffron gave the staff report. Mayor Callahan moved, Goetten seconded, to direct staff to proceed to meet w'ith Mr. Franklin and Mr. Mess to determine how they wish to proceed. (#12) FLAG LOT ORDINANCE ADOPTION ORDINANCE NO. 122, 2ND SERIES Gaffron reviewed the staff report and stated that staff recommended adoption of the Hag lot ordinance. Mayor Callahan moved, Jabbour seconded to adopt Ordinance No. 122. 2nd Series, the Flag lx)t Ordinance, as presented by staff. Ayes 4, nays 0. (♦#13) B-2 STATUS REPORT (INFORMATION ONLY) MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD DECEMBER 13, 1993 Mayor Callahan concurred with that idea, and noted that if Jabbour would draft a letter, he would greatly appreciate it. He also requested that Jabbour continue to keep track of the LMCD and keep the Council informed. ENGINEER REPORT (*14) PAY REQUEST - STUBBS BAY SANITARY SE»T:R PROJECT Mayor Callahan moved, Goetten seconded, for approval of Pay Request #8 for Stubbs Bay Sanitary Sewer Project to Progressive Contractors. Inc. in the amount of $113.192.88. Ayes 3. nays 0. CITY ADMINISTRATOR’S REPORT (♦#15) TAX FORFEIT PROPERTY Mayor Callahan moved, Goetten seconded, to authorize staff to obtain advice froni a park/land use planning consultant regarding the use of the property for park land with the cost not to exceed $500.00. Ayes 3, nays 0. (*#16) STEPHEN WECKMAN - SALARY ADJUSTMENT Mavor Callahan moved. Goetten seconded, to increase Stephen Weekman’s salary to Step 4 effective January 1, 1994. Ayes 3, nays 0. (•#17) 1994 SCHEDULE OF MEETINGS Mayor Callalian moved, Goetten seconded, to adopt the 1994 schedule ot meetings as proposed. Ayes 3, nays 0. (•#18) sewer and WATER RATE UPDATE Mayor Callahan moved. Goetten seconded, to accept the .Sewer and Water Rate Update presented by staff. Ayes 3. nays 0. (*#19) 1994 n*:E SCHEDULE Mayor Callahan moved, Goetten seconded, to approve the proposed 1994 Fee .Schedule and adopt the Summary Fee Ordinance. Ayes 3. nays 0. 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD DECEMBER 13, 1993 MAYOR/COUNCIL REPORT A. LMCD BUDGET REQUEST Mayor Callahan stated that the LMCD Budget report stated that the City has not paid their voluntary contribution to the LMCD milfoil fund or the LMCD assessment. He stated now that they know the milfoil contribution is voluntary, he suggested that it not be paid for the 1994 year, and the back payments until 1992 should be refunded to the City. He believed that they should deduct the amount of the dues which may be owed for 1993 and 1994, and refund the remaining amount. Mayor Callahan moved, Jabbour seconc'ed. to not continue the remainder of 1993 or all of 1994 to participate in the milfoil project and request that the LMCD return the 1992 payment and the 1993 portion, deducting the amount the City may owe for dues. Discussion ensued regarding the LMCD request tor contributions to harvest milfoil. Jabbour stated he would like to see all the payments made to LMCD for milfoil harvesting be returned back to 1990. Goetten moved to amend the motion to request return of the payments since 1990; Mayor Callahan accepted the amendment. Hurr commented that she would like to see some figures before making the decision to retain the dues. Discussion ensued regarding application ot the contribution funds against the amount of dues owed to the LMCD. Moorse stated he would obtain the figures tor the Council. Mayor Callahan moved, Gr>etten seconded, to request the LMCD to return all payments since 19^ deducting any amount owed for 1993 and the first quarter of 1994 dues. Ayes 4. nays 0. B.LEGAL .SERVICES BILLING Mayor Callahan recommended that payment be made equalling one-half the amount of the invoice. Mayor Callahan moved. Goetten seconded, that City Administrator Ron Moorse be directed to pay one-half the amount of the invoice. Ayes 4. nays 0. Jabbour asked that the Council be kept involved in monitoring the LMCD as they have been in the past. He also felt that the Council should be aware that the LMCD and the Hennepin County .SherifTs Department were not on the best of terms, which could impact their effectiveness within the community. He requeued that Mayor Callahan write a letter summari/ing the City's concern about how to manage the lake, and requested that prioritv be given to enforcement for BWI. water patrol, etc. and not spend a lot ot time attending unnecessary meetings. He also felt that they should let the Sheriff know that they are doing a gcHid job and noted that they would be on television on Rescue 911 on December I4th MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD DECEMBER 13, 1993 (♦#20) AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED Moved by Mayor Callahan, seconded by Goetien. to authorize the City Treasurer to disburse City funds in payment of claims received for the December 27th Council meeting, which has been cancelled and that such paid claims are to be presented at the January 10. 1994 regular Council meeting for formal approval. Ayes 3. nays 0. (♦#21) 1993 LNTERFUND TRANSFERS AND LOAN PAYMENTS Moved by Mayor Callahan, seconded by Goetten. that the interfund operating transfers, loan payments and special assessment payments on City property be approved as presented, effective December 31. 1993. Ayes 3. nays 0. (♦#22) 1994 COMPENSATION ADJUSTMENT - RESOLUTION NO. 3376 Mayor Callahan moved. Goetten seconded, to approve the 1994 non-union wage and insurance adjustments as indicated in the statt report, and to adopt Resolution No. 3376 establishing salaries for 1994. Ayes 3, nays 0. (♦#23) WORKER CO.MPENSATION INSURANCE Moved by Mayor Callahan, seconded by Goetten. to approve the 1994 Application for Coverage under the LMCIT Self-Insured Workers ’ Compensation Plan and award the 1994 worker compensation insurance to the LMCIT for the inaial nei premium ot 537,354, effective January 1. 1994. Ayes 3, nays 0. (#24) LASHER LANDLNG PUBLIC ACCESS Moorse reviewed the staff report and noted that staff recommended installing two locked gates with keys available at City Hall. He believed a sign on the gates telling people where keys could be obtained would provide some resolution to the problems. Hurr inquired how many keys would be made and would the police have keys to allow them access. Moorse responued that was a possibility; however, staff wtiuld contact tho.se people who have been using the access to inform them of the change. Hurr commented that there may be others who want to use the access, who are unknown to the City. John Jerome stated that they believe that in the City’s review of the ownership ot the property there are some statutes that were overlooked. He stated he has a warranty deed in which a title company says this is not City property. Mayor Callahan noted that this was discussed last sprmg and the City Council was not going to vacate the property. He believed what staff proposed was acceptable, but was concerned about the signage on the gates. Charles Kelley arrived at 8;45 p.m. i MINUTi:S OF TIIE REGULAR ORONO CITY COUNCIL MEETING HELD DECEMBER 13, 1993 (#24) LASHER LANDING PUBLIC ACCESS - CONTINUED Jabbour commented that he felt it was important to retain the tire access and he did not want to vacate the easement. Mr. Jerome agreed that it was important to retain the tire lane. Jabbour commented that if it is determined that the City does not own it, then it can be condemned. Craig Lundell said that they would prefc not to have a large sign that advertised the access, although he concurred that the idea of retaining the fire road was a good one. Discussion ensued regarding the type of sign and how it would be installed. Hurr stated she felt a small sign for notification to call a number would be the best, but did not want to have a large sign on the gate attracting attention. The consensus of the Council was that a small sign with a notice to call the City hall number to gain access would be appropriate. Kelley noted that if the City is not involved then people wishing to gain access would go to the residences adjacent to the gates to get keys. Hurr moved. Goetten seconded, to allow the gates to remain with the keys being issued to allow access to the public. She felt the padlocks should be placed on a chain to prevent their falling into the snow. The sign shall be no larger than 8 x 10 mounted on the gates notifying residents to contact the City to obtain keys. Ayes 5, nays 0. (#25) SCHEDULE REVIEW OF PROPOSALS F(3R LEGAL SERVICES Mayor Callahan commented he felt the firm of Holmes and Graven had a conflict of interest because they represent the LMCD. Discussion ensued regarding how to set up the interview dates. It was noted that pricing was the reason for considering alternative represenuuion, since the City has utilized the same tirm for the past 17 years without any lack of serv ices. Jabbour commented he felt the Council should consider this item during a work session. The remaining Councilmembers concurred. It was decided this item should be placed on the agenda for the Januarv 4. 1994 work session scheduled to begin at 8:00 a.m. (#26) LICEN.SES Hurr requested this item be pulled from the ('onseiit Agenda because she wanted to know why there was a kennel application for eleven dogs, and when Jid such a use require a conditional use permit. Mix)rse responded that this particular application had eleven dogs a kept in the basement of the home in kennels. Hurr requested suitf to ensure that this was really the ca.se, and telt a s.te visit was appropriate. Jabbour moved. Cuvetten seconded to approve the following licenses: MINf TES OF THE REGULAR ORONO CITY COUNCIL MEETINGHELD DECEMBER 13, 1993(#26) LICENSES - CONTINUEDResidential Kennel License -Kenneth & Karen Rolland 4119 Oak Street Wil fried Hoyes & H. Zohara 565 Hanlon Avenue Judy Spinner 940 North Arm Drive Off Sale & On Sale Non-Intoxicating Malt Liquor - Navarre Lanes Donald Scherven 3435 Shoreline Drive (♦#27) Bh.i.S It was moved by Mayor Callahan, seconded by Goetten, to approve payment of the All Funds Account. Ayes 3. nays 0. (#28) EASEMENT ACQUISITION BRIDGE REPLACEMENT OLD CRYSTAL BAY ROAD Gerhardson reviewed the staff report and the amounts for the easements. Mayor Callahan moved, Kelley seconded, for approval of the payments to Charles James and James Bailer for the permanent and temporary easements for the bridge replacement project on Old Crystal Bay Road. Ayes 5, nays 0. ADJOURNMENT It was moved by Mayor Callahan, seconded by Goetten, to adjourn at 9:15 p.m. Ayes 5. navs 0. Edward J. Callahan. Jr.. .Mayor lATfmhv M.n. City Clerk PLANNING COMMISSION PUBLIC ATTENDANCE MEETING DATE / l3- ^ 3 PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUF CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. 2 4 5. 6. 7. 8. 9. 10. 11. 12. 13. 16. 17. 18. 19. 20. -f //m^’ 4//'’A >/(,'■\\ r* A ■) .'i >/r.v- / { / ' » ft sJo: -------- ------------------ /V/A //r-'/t \t'\V ''\\ ^ \ U’. >---------------------------»—-------------------- iU:W [•TO# R)Ji3l5P r:l;:f(i :lrXi l•Itl4^•l 1 XGENDA "2°78o“eV pS^! oVoNO ”mIN^SOTA “' CITY ADMINISTRATOR'S REPORT Continued H 20. Authorization to Disburse City funds for Claims Received + 21. 1993 Interfund Transfers and Loan Payments 22. 1994 Compensation Adjustment - Resolution 23. Worker Compensation Insurance ljfc24. Lasher Landing i r. •Schedule Review of Proposals for Legal Services C, #25. (*26)LICENSES (*27)BILLS UPCOMING ISSUES AND EVENTS 12/13 12/13 12/15 12/24 12/27 12/31 01/04 01/25 Special Council meeting 7:15 p.m. , , ^ . Council meeting 7:30 p.m. (Lasl scheduled 1993 meeting; Planning Commission Work Session ::-7 p.m. Holiday - Friday Holiday - Monday Holiday - Friday . Highway 12 Joint Mediation meeting 4:00 p.m. Highway 12 Joint Mediation meeting 4:00 p.m. MINUTES OF THF, REGUI.AR ORONO CU V COUNCIL MEETIN^?^} HELD NOVEMBER 22, 1993 ROLL ‘’fc The Council met on :he above date with the following members present: Mayor Edward Callahan. Councilniembers J. DiannGoetten, Charles Kelley. JoEllen Hurr and Gabriel Jabbour. The following represented staff: City Administrator Ron Moorse. Building & Zoning Administrator Jeanne Mabusth. Assistant Plamiing & Zoning Administrator Michael Gal Iron. City Attorney Kevin Staunton. Public Works Director John Gerhard^on. City Engineer Glenn Cook and Recorder Lin Vee. Mayor Callahan called the meeting to order at 7:30 p.m. (*#1) CONSENT AGENDA Goetten requested that Items It'S, #6. #7 and #16 be added to the Consent Agenda. Hurr asked that Item #12 he renuned from the Consent Agenda. It was moved by Jabbour, seconded by Goenen. to approve the* Consent Agenda as amended. Ayes 5. nays 0. (*#2) APPROVAL OF MINUTES It was moved by Jabbour. seconded by Goetten, to approve the Minutes of the November 8, 1993 City Council Meeting as submitted. Ayes 5, nays 0. Mayor Callahan noted there were two letters of commendation for the Public Works Department: 1. A letter from Dr. and Mrs. Ale.xander Vongries commending Jim Gregory and Greg Palmer for their work at his property on 4051 Highwood Road. 2. A letter from Mitzi Overland of the Early Childhood Family Education Program thanking Semt Oberaigner and Randy O’Drien for their participation in the Early Childhixxl Family Education Super Saturday Vehicle Fair. P.ARK COM.MISSION CO.MMENTS There were no representatives present. PLANNING CO.MMISSIO.N COMMENTS - Stephen PcTerson, Representalive. There were no Planning Commission comments. PUBLIC COMMENTS There were no public commcnt.s. MINlTi E5 OF THE REGULAR ORONO CITY COUNCIL MEETING HELD NOVEMBER 22, 1993 POLICE CHIEF REPORT The Police Chief was not present. (*#3) n%A2 TOM >\ND SHEILA BROWNE, 760 SOUTH BROWN ROAD - REQUEST TO MODIF\" APPROVED DEVELOPMENT PLAN It was moved by Jabbour. seconded by Goetten. to approve the amended plans for the current building permit application for Tom and Sheila Browne, 760 Soutli Brown Road. Ayes 5, nays 0. (#4) 1^1860 ZELMA McKINNEY, 3599 LIVLNGSTON AVENUE - CONTINUATION OF REVIEW OF CONDITIONAL USE PERMIT APPLICATION Mayor Callahan explained that Council was to consider whether a driveway should be accessed off of Blaine Avenue or Livingston Avenue. He added that all Councilmembers should have received a letter from the neighbors’ attorney expressing the view that the City is not required to grant a conditional use permit. Callahan had asked City Attorney Staunton to review the letter from the Lommen Nelson law firm. City Attorney Staunton reaftlnned his opinion that the City must grant a conditional use pennit in this case and the City does not have the ability to add an owner occupied status as a condition of the conditional use. Callahan stated there were two concerns remaining: 1, Has the properly been used according to the Code? 2. Parking issues. Mabusth explained the two parking options: 1. Access from Livingston A'-enue wiili the existing drive to be realigned. Hardcover will be an issue in this option w ith the addition of two parking stalls. City Engineer Cook commented on drainage in the area stating it would be hard to calculate the overall effect of this small additional amount of hardcover. However, anything done in the area will impact the watershed. 2.Creation of a new curb cut off of Blaine Avenue. The 15’ street setback would allow parking at 15’. Backing out onto Blaine Avenue would result. Additional land alteiations would be required according to the City Engineer. City Engineer Cook added that a "daylight area" would need to be created to the m>rth and that clear visibility would liave to be maintained involving the neighbor to the .wuth. He stated this access could be made safe but there would be significant impact on the property. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD NOVEMBER 22, 1993 (#4) nS60 ZELMA McKINNEY, 3599 LIVINGSTON AVExNUE - CONT. In response to the question of the use of the property in the past, Mabusth advised there were massing receipts from approximately July 1967 - January 1969. Gayle Siegler explained that during this time period her father had been undergoing heart surgeries. She felt she could substantiate that the property had always been a rental property. Karen Cuff, 3570 Livingston Avenue, stated that she had calculated the hardcover according to the suivey submitted and noted a total of 23.3%. Adding either driveway would exceed the 30% allowed. She also stated that she had obtained information on the Uniform Building Code and Fire Codes in effect at the time of construction and noted that it a home was built as a duplex, a sound barrier between levels would have been required as well as smoke detectors (fire alarms), some lighting requirements, interior door specitications, etc. She asked that Council consider the impact the excess hardcover would have in the area. Greg Goodfellow, 3585 Livingston Avenue, noted that runoff is a problem in this neighborhood and it does not have to be a foO-year rain. He also commented that in 1^78 the McKinney ’s applied for a building permit which added additional bulk to the building. The statute stated that there was to be no increase or bulk added to the building as of January 1, 1975. However, the City allowed this to happen. He expressed his wish that the Council consider the letter received from their attorney. Goodfellow also noted that in January of 1983, P.a Molene who rented the third apartment at 3585 Livingston Avenue, filed a complaint with the City of Orono asking why this property could be used as triplex. The Code states a non-confonning use cannot be changed to another non-conforming use. Goodfellow felt a triple.x would be considerably dilterent than a duplex. Callahan noted that this anplication was for a duplex not a triplex. Mabusth confirmed that the application was for the continuation of a non conforming use, in this case a duplex. Jabbour asked if a reduction in density would constinite abandonment of the conditional use. City Attorney Staunton replied that if there had been three units, moving to two units would not be considered abandonment. Jabbour thought the Council should consider if there was an intent for the property to be used as a duplex throughout its history. Kelley did not want to vote on this issue until there was proof of the use of the property during the missing 18 nuinths of receipts. Hurr asked if a conditional use permit was conditioned upon the owner staying there, would it lap.se upon the owner’s departure? MINITPES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD NOVEMBER 22, 1993 m) /^1860 ZELMA McKINNEY, 3599 LIVINGSTON AVENUE - CONT. City Attorney Staunton responded that in this conditional use permit, the duplex use would remain regardless of ownership. He noted that the use must remain the same as that prior to the change in Zoning Code. If the Council determines the use has been continuous, the conditional use permit is a mechanism for registering with the City the duplex use of this property. Hurr asked if there was any time frame for a property to be brought into compliance with City ccxles. City Attorney Staunton confirmed there was nothing in the code. The only way the conditional use permit would lapse i.s if there was a significant change such as the building being destroyed, the use abandoned or significant change in the non-conforming nature of the use. Mabusth added that now the application for a building pennii for multiple units in a single family zoning district would trigger the application for a conditional use pennit. Hurr asked if this were being assessed as two units. Mabusth noted the applicant was receiving a percentage of the homestead credit because of the rental unit. Siegler thought Hennepin County was listing the property as a multiple use but Orono lists as single family. Jabbour noted the idea of willful abandonment should be considered. Mike Swanson, 3596 Lyric Avenue, stated that if the driveway were constructed off of Blaine in back of his property, it would impact his property and cause a problem when he puts up a garage. He has concern over the sale of the property if Mrs. McKinney no longer lives there. An absentee owner could be much different. Elizabeth Goodfellow, 3585 Livingston Avenue, stated there were several issues that were unclarificd. 1. Can the City lawfully issue a conditional use pennit? 2. Parking - The City’s orUinan>:es require additional p.irking in order for this property to be used as a duplex She felt there was not a reasonable answer to the parking problem, therefore the conditional use permit should not be granted. Vt>ne of the neighbors want »he pail ing expanded. She asked how the Council could justify granting a conditional use permit when the parking needs were not satisfied. Harvey Reder, 3598 Livingston Avenue, asked if the Council would consider three parking .spaces instead of four as he had suggested at a previous meeting. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD NOVEMBER 22, 1993 (#4) #1860 ZELMA McKlNNEY, 3599 LIVINGSTON AVENUE - CONT. Hurr asked for clarification of the parking requirement. Mabusth stated the garage stalls could be counted as well as other designated parking spaces. Mabusth noted this property is not within 1000’ of the shoreline, and if it were it would be allowed 35% hardcover, so hardcover is not an issue. Lot coverage could be an issue but tliere is not any structure being added. Goetten asked about triggers that may have been in place for a conditional use permit in 1%8. Mabusth confirmed there is more zoning review done today than in the past. Kelley asked if Goetten thought the interruption in rental in the late 1960’s may not have an effect because the code changed in 1975. City Attorney Staunton explained that since the property was used as a duplex before the zoning code made it non-cr* ‘bmiir.g, it could continue as duplex use. Mabusth added the code changed in 1962 so the use would have had to have been in existence in 1962 and continued through to present. City Attorney Staunton continued that according to the code in 1978. expansion of the bulk of the building would not have been allowed if a conditional use permit uas in place. The City should probably not have allowed this e.xpansion, but it did. This still does not affect the use of the property. City Attorney Staunton explained the concepts of aband*)nment and di.scontinuance. Abandonment requires the intent to no longer use the property in the designated way as well as the di.scontinuance of the use. The Code talks about discontinuance for ever 12 months. There is a presumption that if there is a discontinuance for longer than 12 months, there is intent to abandon the use unless there is evidence of no intent to abandon. If they were unable to rent the property for a time, that would not constitute abandonment. Ilurr asked about the utilities. Mabusth confirmed they have two gas meters and one water meter. Sewer was installed in die early 1960’s. Hurr questioned if there should be two sewer assessments. Mabusth replied that staff has recommended that Council look at requiring the payment of another SAC and sewer assessment. Hurr questioned if the non-conforming use changed from two to three to two rental units if this wouldn ’t indicate a change of use. City Attorney Staunton confirmed the two-family use would mn have changed even though there may have been an increase. The change would have to be to aiunher use suc.l as retail to qualify as a change in use. Hurr questioned if the axle was clear t»n whether a charge in density would constitute a change in use. Staunton responded that the code onlv states a "cliange in use". L. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD NOVEMBER 22, 1993 (#4) #1860 ZELMA McKINNEY, 3599 LIVINGSTON AVENUE - CONT. Hurr agreed with Kelley that further documentation would be needed to prove continued duplex use before she could make a decision. Mayor Callahan noted that since most of the receipts exist, it is assumed the missing receipts also exist. He felt it questionable that there was a willful abandonment. Jabbour asked tlie City Attorney what liability the City has in issuing the building permit in 1978. Staunton thought it would be difficult to make the owners rebuild the house as it was in 1978. Mayor Callahan asked if the building currently meets the fire codes for a duplex. Mabuslh responded that there is no housing code in Orono for rental properties. The Building Inspector did make an inspection of the property and there are some recommendations tor corrections of recent improvements. Jabbour felt it obvious the property has been used as a duplex and it would be the City’s job to prove the owners willingly abandoned the duplex use. He added that he sees the City’s only choice to grant the conditional use permit based on the recent discussions. He also did not think parking should impact the neighbrtrs and would be agreeable to three parking spaces. Hurr asked about a previous memo that brought up concerns about the regulation of storage of boats, etc. on the property and if there could be conditions to regulate this in the conditional use permit. Staunton explaiwed that regulations on the storage of boats, etc. would be pursuant to the code regardless of whether there is a conditional use permit granted. He stated that this propertv cannot be treated any differently than any other in the same zoning district because of the conditional use permit. Hurr felt that additional conditions could be put on a property if it has a conditional use permit. Jabbour suggested that if a parking variance were granted, additional conditions could be added to the variance regarding boat storage, etc. This would help to control the water runoff and hardcover in the area. A motion was made by Jaf>bour, seconded by Goetten. to grant a conditional use pemiit for duplex use and a variance to the requirement for four parking stalls because of the City’s intention to reduce water mnoff in this part of the City. A condition of the va'iance resolution will be that no additional exterior parking, i.e. RVs. boats, campers, tractors, trailers. snowim>biles. etc., will be allowed on the property. Ayes 4, nays 1 Hurr oppt>sed the motion. Hurr asked that the resolution include the payment of SAC and sewer as.sessment. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD NOVEMBER 22, 1993 fflSSl JOHN M. O’SULLIVAN/O’SULLIVANS, 2420 SHADYVVOOD ROAD AMENDED COMMERCIAL SITE PLAN - RESOLUTION NO. 3359 It was moved by Jabbour, seconded by Goetten, to grant approval of the revised commercial site plan fire lane requirements per conditions of Resolution No. 3359 for John O Sullivan, 2420 Shady wood Road. Ayes 5, nays 0. #1886 ROBEI T L. MELAMED, 1000 OLD CRYSTAL BAY ROAD SOUTH - CONDITIONAL USE PERMIT - RESOLUTION NO. 3360 It was moved by Jabbour, seconded by Goetten, to grant a conditional use permit to allow the tilling of approximately 1,800 cubic yards at 1000 Old Crystal Bay Road South for Robert L. Melamed per Resolution No. 3360. Ayes 5, nays 0. (*#7) #1887 ROBERT L. MELAMED, 1000 OLD CRYSTAL BAY ROAD SOUTH - CONDITIONAL USE PERMIT - RESOLUTION NO. .33ol It was moved by Jabbour, seconded by Goetten, to grant a conditional use permit to permit a guest house at 1000 Old Crystal Bay Road South for Robert L. Melamed per Resolution No. 3361. Aves 5. nays 0. (#8) PAUL AND VeMTA SCHNEBELE, 835 FOREST ARMS LANE - VARIANCE - RESOLUTION NO. 3362 Mabusth explained the applicants are seeking approval of an average lakeshore setback variance for a family room addition. The applicants have advised that they are in the process of making landscape improvements involving the removal of plastic underliners. The excesses ot hardcover w ithin the 250-500 ’ setback area will be removed. Overall hardcover is at 15%. Jabbour suggested that the density that is added in the 250-500 ’ setback area be subtracted from the 75-250’ zone and included in the resolution. Mabusth noted that with the removal of plastic in the 250-500 ’ setback area, this brings hardcover down to 24% where they would be allowed 30%. In this case, it is not appropriate to include in the resolution but Jabbour felt tor the future there should be a policy that if hardcover is over in one area, it should be subtracted in another so the total will never exceed the maximum hardcover allowed. Goetten asked to have hardcover in the 0-75’ setback area noted in the resolution for permanent record. It was moved by Jabbour. seconded by Kelley, to approve Resolution No. 3362 granting a variance to permit the construction of an addition to the west and lakeside of the existing residence to be placed 20 ’ in front of the average lakeshore setback line for Paul and \ eNita Schnebclc, 835 I t'rest Arms l.ane. Ayes 5, nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD NOVEMBER 22, 1993 (/^) FRONT/BACK LOT REQUIREMENTS - ORDINANCE Gaffron fell some additional changes would make the ordinance more user friendly. Mayor Callahan suggested that Gaffron check with the Planning Commission Chair to see if he thought the changes suggested were significant enough to be reviewed by the Planning Commission. If not, bring back to Council for approval in the revised form. A motion was made by Hurr, seconded by Jabbour, to table adoption of the ordinance amending the Municipal Zoning Code and Subdivision Code by defining standards for the creation and use of lots which do not abut a public or private road. Ayes 5, nays 0. MAYOR/COUNCIL REPORT 2) Ilurr asked to discuss the memo regarding Police Lieutenant Salary Negotiations. She was opposed to the merit pay concept because no other employees are involved with this and does not want the City Administrator to proceed as proposed. City Administrator Moorse commented that currently the lieutenants have a 5% merit pay amount that is not based on performance. Moorse is suggesting making this performance ba.sed. Some Council members fell merit pay should then be done for all employees. Moorse thought they could move in this direction, but not all at one time. Mayor Callahan thought the City Administrator should negotiate the contract with the lieutenants and the Council could then either give other employees an equal share or reject the contract. Ilurr stated she was giving direction as to what she considered acceptable. Ilurr asked about travel expenses related to the Finance Director picking up materials from LOGIS, the City’s data priKessing vendor. City Administrator Moorse explained this is cheaper than using another service or having another employee drive to Logis for pick-ups. J.ibbour suggested Moorse check with some delivery services to get cost comparisons. An educated comparison can then be m.ade. Goetten agreed. Kelley reported that he met with the Long Lake Fire Commission and spoke about the relief association as well as some otlter matters and fell all was going well. The Fire Commission did ask if ihev are getting the 2% commission from the State after the district lines were redrawn in the Fox Street area. The cities will get further information on this. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD NOVEMBER 22, 1993 MAYOR/COUNCIL REPORT Jabbour expressed his appreciation to the Planning Commission tor their professional handling of the zoning applications. 5)Jabbour also reported that payment for the new facilities is almost complete and project costs have come within $1,000 of the budget. One cold storage building was eliminated to stay within the budget. Goetten expressed her concern for the sun problem in the administrative oft ice and inquired about the status of the order for shades. Moorse explained that the original order was lost by the vendor during a move to a new office location. The blinds were reordered approximately six weeks ago and should be in fairly soon. CITY ADMINISTRATOR’S REPORT (#10) TAX FORFEIT PROPERTIES - RESOLUTION NO. 3363 Ilurr asked j’oout the access over Highview Road and if it was a fully improved road access. Mabusth explained access was via a small alleyway that is undeveloped. She added it will not be an easy property to develop but is very beautiful. A motion was made by Hurr, seconded by Goetten, to approve the sale of the tax forfeit property and retention by tiie City of the other piece. Kelley asked if the City liad "first rights" to the property if the> wanted to buy it. Jabbour noted the City would have to have a purpose for it. The County contacts the City in case the City would condemn it for road development, sewer, ere. Gerhardson continued the property could be retained for park purposes. Kelley thought the City should consider keeping the property ratlier than "giving it away". Gerhardson stated a buildable property such as this is usually sold. Mabusth explained that there were 10 potential buildable lots on this larger piece of property. Kelley asked again why the City did not attempt to purchase this piece if they can get it for tile market value of $41,500. Councilmembers agreed that funhtr infonnation should be obtained about the possibility of acquiring this land. Hurr withdrew lh.r previous motion. Kelley made a motion. Goetten seconded, to table consideration ol the tax forfeited land, P.I.D 07-117-23 23 0001, until further rev ew' can be done. Ayes 5. nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD NOVEMBER 22, 1993 (#10) TAX FORFEIT PROPERTIES - RESOLUTION NO. 3363 - CONT. Ilurr noted there is a 90 day time limit with approximately 60 days left to respond to the County. A motion was made by Jabbour, seconded by Goeitei., to approve Resolution No. 3363 requesting conveyance of tax forfeit lands. P. I. D. 36-118-23 11 0002, for the purpose of public road and utility. Ayes 5, nays 0. (•#11) DAVID NELSON, CSO, RESIGNATION It was moved by Jabbour, seconded by Goetten, to accept the resignation of David Nelson, effective November 9, 1993. Ayes 5, nays 0. (#12) DELINQUENT UTILITY ACCOUNTS - RESOLUTION NO. 3364 Hurr inquired how some of these delinquents have gotten over $1,000 it they are done each year. City Administrator Moorse responded he would check into this further. A motion was made by Callahan, seconded by Jabbour. to adopt Resolution No. 3364 providing for the collection of delinquent charges for 1993 sewer and water utility services and annual septic inspection and recycling program fees. Ayes 5, nays 0. (•#13) LEVY SEWER CONNECTION FEE - RESOLUTION NO. 3365 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3365, A Resolution to Approve Connection to Municipal Sewer of the Property luxated at 1940 Shoreline Drive. Ayes 5, nays 0. (•#14) RESOLUTION TO CALL 1980 BONDS - RESOLUTION NO. 3366 Mayor Callahan asked if the City were going to refinance the 1989 bonds if it would be cheaper to do it all at one time. City Administrator Moorse explained these bonds will not be refinanced but paid off. A motion was made by Jabbour, seconded by Goetten, to adopt Resolution No. 3366 calling for the redemption of the general obligation bonds of 1980. Ayes 5, nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD NOVEMBER 22, 1993 (#15) INSURANCE AGENT OF RECORD Hurr asked if these charges were typical and if the City went out for bids. City Administrator Moorse replied that bids were obtained when this agent was hired and bids will be done again during the next year. He felt this agreement was comparable to other cities and probably lower than other cities similar to Orono. It was moved by llurr, seconded by Jabbour, to appoint Mr. Duweyn Carlson. Apple Valley Agency, as Insurance Agent of Record for 1994, at a fee not to exceed $7,650.'D0, including commissions earned on policy premiums paid by the City. Ayes 5, nays 0. (*#16) APPOINTMENT OF AUDIT FIRM Hurr noted that it costs the City $2,000+ a year to obtain the financial award City Administrator Moorse explained that when the City first started the process to get tliis award, there was a lot of work to do but now it is maintenance. Hurr thoucht the aw'ard may not be necessary every year since there is a cost of $2,250 annually for the certificate program. Goetten explained that she worked hard at getting this program in place because she felt this was a way for Orono to show financial stability. City Administrator Moorse stated that part of the program is to follow good financial procedures and this meets standards set by the State and National Organization of Financial Officers. Moorse explained that the costs related to the award aie not a payment for the award, but rather are for assistance in keeping up with new accounting standards related to both good financial practices and the receipt of the award. Hurr asked if the City could meet those standards without paying the costs each year. Kelley thoucht the standards would change yearly and would be good to keep up with them as they are updated. It was moved by Jabbour. seconded by GtKtten, to appoint the audit firm of Malloy, Karnowski, Radoscvich & Co. to perform the required audits for the 1993 fiscal year at an estimated cost of $15,7(X) plus direct expenses and to assist with the Certificate of Achievement in Financial Reporting program at a cost not to exceed $1,500. Ayes 5, nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD NOVEMBER 22, 1993 (#17) INFORMATION ON MEDIATION MEETING (ORAL REPORT) City Adminisirator Moorse reported that the Highway 12 Mediation Meeting identified the characteristics of a good solution including: 1. Survival of the two communities in their current status 2. Responding to the safety concerns of the cur -jnt highway. 3. Whatever is built should be an economically sound investment. 4. Compatibility with regional transportation system. 5. Environmentally sensitive. 6. Solution should expedite a decision on the location. 7. Survival of Maple Plain. Traffic capacity needs were discussed and whether other roadways could be considered to help with the traffic flow. Further study needs to be done in this area. Some action steps discussed were: 1. To re-examine the traffic projections. 2. To consider the extent to which other roads can be used. 3. To consider .segregating types of traffic on specific rtiadways. Some suggestions were made for focusing on the issues. If the two cities and MnDot agree on the type and kKation of a road that would be acceptable, then study could continue tor capacity, safety, and environmental needs. Another suggestion is to look at the characteristics of a good solution and try to agree on a solution before priKeeding with the analysis ot the trattic needs. Mayor Callahan agreed with the points discussed. He was the only other Orono representative present at the meeting. He did not think havi.,g 5 representatives was necessary or useful but only I representative may not be enough. Jabbour wants to be sure that only one representative at the meeting would not be interpreted as non-interest. He suggested a mutual agreement with Long Like as to the number of representatives that would be appropriate at each meeting. Other Councilmembers agreed witli this suggestion. Goetten and Kelley had both talked with Long Lake representatives who also agree with this approach. Mayoi Callahan stated there was also a recent Highway 12 Policy Committee meeting. The economists that have been considered to do the Economic Impact Study had second dioughts about the study being useful to Orono. 'fhey agreed they would redo the trattic projections and UH)k at them in a "screenline process" which means they would look at traffic levels at several "boundary" locali»>ns between Willmar and Minneapolis. 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD NOVEMBER 22, 1993 (*/!^18) LICENSES It was moved by Jabbour, seconded by Coetten, to approve the following licenses: Residential Kennel Licenses: Wayne E. & Gayle D. Carrier, 1376 North Arm Drive Home Occupation License: Balance Consulting Group. 2597 Lydiard Circle Septic System Installer License; Duane Ritter Exc., 7120 Vernon Street, Rockford Off Sale Liquor: Navarre Liquors, 3421 Shoreline Drive On Sale Liquor: Jimmies Lounge, 3380 Shoreline Drive Club Liquor: Woodhill Country Club, 200 Woodhill Road Wayzata Country Club, 200 Wayzata Boulevard Non-Intoxicating Liquor Off Sale: Orono Shopping Center, 2160 Wayzata Boulevard O’Sullivan ’s, 2420 Shadywood Road Non-Intoxicating Liquor On Sale: Orono Golf Course. 265 Orono Orchard Road South Ayes 5, nays 0. (♦#19) BILLS It was moved by Jabbour, seconded l*y Goetten. to approve payment of the All Funds Account Ayes 5. Nays 0. Public Works Director John Gerhardson had two additional items to discuss: Costs of underground tank removal. The original amount of $1950 was without any contaminated soils. Since lirere was some contamination, the amount has increased to $3506 because of additional testing and lab work. The amount of actual tank disposal remains at $1800. Furthe- testing because of contamination is estimated at $7195. \R ORONO CITY COLNCIL MEETING 0\ EMBER 22y 1993oetien, to approve the following licenses;rrier, 1376 North Arm Drive , 2597 Lydiard Circle 'emon Street, Rockford )reline Drive reline Drive 10 Woodhill Road } Wayzata Boulevard 60 Wayzata Boulevard ood Road ■orK) Orchard Road South men. to approve payment of the All Funds Account. Hi two additional items to discuss: 1. The original anwiunt of $1950 was without any s H>mc contamination, the amount has increased to arkJ lab work. The amount of actual tank disposal 'ecausc of ctHttamination is estimated at $7195 MINUTES OF THE REGULAR ORONO CITY COUNCIL .MEETINGHELD NOmMBER 22, 1993DISCUSSION BY PUBLIC WORKS DIRECTOR - CONT.Hennepin County is administering the Stubbs Bay Block Grant Program. The connection bids have been much higher than anticipated. The Minnesota Housing Finance Agency may have additional monies available to Orono residents. The County would like to submit an application for additional funds on behalf of the City by December 6, 1993. These funds are very similar to the conditions of the Block Grant Program. A motion was made by Mayor Callahan, seconded by Jabbour, for cor.ceptual approval to proceed with the application for Minnesota Housing Finance Agency monies by December 6, 1993. Ayes 5, nays 0. It was moved by Jabbour, seconded by Mayor Callahan, to adjourn at 9:23 p.m. Ayes 5, nays Edward J. Callahan, Jr. Mayor \MINUTES OF THE 1994 BUDGET HEARLNG^ CITY OF ORONO ^ ^ HELD DECEMBER 1, 1993 (#1) ROLL % The Council met on the above date with the following members present: Ma>^ Edward Callahan, Gabriel Jabbour, and JoEllen Hurr. Charles Kelley arrived at 7:18 p.m. J. Diann Goetten was absent. The following represented City staff: City Administrator Ron Moorse, Finance Director Tom Kuehn. Public Works Director John Gerhardson and Recorder Lin Vee. Mayor Callahan called the meeting to order at 7:06 p.m. Mayor Callahan explained the purpose of the meeting is to comply with the Truth in Ta.xation laws. (ni) OPEN PUBLIC HEARING, 7:06 P.M. - 7:55 P.M. The Affidavit of I^blication was noted. {ffy) BUDGE! AND LEVY INFORMATION City Administrator Moorse explained the proposed budget which reflects a major effort to hold down general operating costs. The General Fund budget covers general operating costs of the City. The overall increase in the General Imnd is .64%. Moorse pointed out that the Council portion of the budget increased by approximately $5,000 because the LMCD fees have increased. The Elections portion of the budget increased because there is an election held in 1994 which did not occur in 1993. Engineering costs are higher because these fees have been taken out of the street maintenance budget so they can be combined into one account. Although only a .6% increase is proposed in the budget. City Administrator Moorse explained that the t.ix levy shows a 5.2% increa.se for the general fund. This is because interest revenue had been transferred from the building fund in past years which now needs to remain in the building fund to be used for the debt service on the new City facilities bond. 'Fhe total levy for the City budget is increasing $147,163 or 8%. Two causes for the increase are: 1. 1992 Bond levy for the City’s portion of the Stubbs Biy Sewer Project. 2. 1980 Water and Sewer Bonds. Moorse presented a chart showing the effect of the tax levy increase on homes in Orono with valuations of $100,000, $200,000 and $300,000. Generally there is about a 3.1% increase if the value stays the same as the last year. MINUTES OF THE 1994 BUDGET HEARING CITY OF ORONO HELD DECEMBER 1, 1993 Moorse compared the Citv of Orono’s tax rate with other cities of Hennepin County with populations over 2.000. Orono was ranked the 4th lowest in 1993 and would be the 3rd lowest in 1994. Moorse discussed the staffing and compensation levels. There has been little change in the last few years The number of patrol officers and maintenance workers comprise signiticant numbers of the total employees. He noted that in 1992 there were 11 patrol officers and 3 lieutenants In 1993 that changed when a lieutenant position was eliminated and a patrol officer was added to increase strength on the street. He also pointed out that the temporary part-time employee numbers change due to elections (judges) in election years. Moorse exolained a chan relating to employee compensation. The enterprise fund is ^nded by fe-iS and not taxes. There is only a 1.5% total compensation increase (wages and benefits) trom 1993 to 1994. The Truth and Taxation law requires the City to provide a list of independent contractors. Moorse indicated that in die City's prosecution services, Orono is cooperating with several other cities to receive the serx ices of the City of Minnetonka's legal staff. All ot the police and radio dispatch is done through Hennepin County so the City doesn't have to provide 24 hour service. Fire protection is provided by four neighboring cities - Maple Plain, Mound. Long Lake and Wayzata. A number of maintenance and repair <. mtractors were also listed. Hurr asked how Moorse arrived at the ranking of Orono’s tax rate since other cities are also m the process of budget hearings. Moorse responded that this information was provided from the County on ’'proposed" budgets. Mayor Callahan noted the police depanment is the major cost of running the City, approximately one-third of the budget. This is a service that is also contracted out to the cities of Minnetonka Beach. Long Uike and Spring Park so there is some revenue generated from these contracts aniountinu to onc-third to onc-half ot the police budget. Mavor Callahan reiterated that the major increa.se in levy is due to a decrease in revenues, not an increase in costs. Tlie decrease in revenues was caused partly because ot the new buildmg. Funds were being accumulated for the building and the interest used tor the general fund. This has changed because money has been spent from the building fund for new comtmction and interest rates have dropped. Now the interest from the building tund needs to be kept in the building fund to assure there is funding tor the bond payments. Mayor Callahan explained thal che 1992 sewer Nmds are for the Stubbs Bay the Ctty s ponton of the cost of the sewer, lie continued that in recent years the City has MINUTES OF THE 1994 BUDGET HEARING CITY OF ORONO HELD DECEMBER 1, 1993 assumed a portion of the cost of sewer project and that the amount that can be assessed against an individual homeowner is related to the increased value of the land as a result of the sewer installation. This sewer bond is Just beginning to be paid off. The 1989 sewer bond was for sewers planned for tlie area from Sixth Avenue Nonh to Highway 12. At the time the sewer was projected, it was believed there would be considerable development. The Highway 12 project, the new City facility and lands being taken over by the school district have changed the projected residential development for this area. As a result, the City has to bear the cost of these bond payments until development increa.ses. (#4) PUBLIC COMMENTS Ward Edwards, 2474 Carman Street, asked if the value of his home changes yearly. Mayor Callahan responded that the Assessor physically visits approximately 1/4 of the homes in the City each year. Those homes that are not acmally visited are still subject to recalculation of their values based on various assessing techniques. Mayor Callahan suggested Mr. Edwards attend the property tax hearings in April. He al.so indicated *.he tax information was readily available if Mr. Edwards contacted City staff with further questions. Hurr added that if there were building improvements, the value may change as the Assessor gets a copy of the building permits. Doug Hickey. 4301 Wayzata Boulevard, commented that the assessed value of his home has averaged a 12% increase each year over the past six years. Jabbour explained that tlie budget is determined by the City and then the amount of money needed is distributed among all the homes. Mayor Callahan continued that the budget is sent to the County for calculation as to how the ta.xes are spread. Homes are classified differently so each statement is different. The tax statement reflects the amount of money each entity receives from the taxes paid. Kelley explained that the State legislature changed the tax rate percentage of the value of homes and how the money is allocated. At one time there was a 3% and 2% rate. The 3% rate has been eliminated on the larger, more affluent homes. This resulted in the lower value homes paying a bigger percentage. Homes over $128,000 are now ta.xed at a rate of 2%. Carl Johnson, 3105 North Shore Drive, stated that when he received his first home valuation, it was 30% over the previous year. This was readjusted by the Assessor to 19/o. When he received his statement, the increase was 10%. He asked if there was a state law that limits an increase of market value to 10% per year. Mayor Callahan responded there was not such a law MINUTES OF THE 1994 BUDGET HEARING CITY OF ORONO HELD DECEMBER 1, 1993 but a law that limited the amount the actual real estate taxes paid could increase in one year to 10%. This could be 12% now. If the taxes to be paid were over a 10% increase, there was a tax form available to apply for a refund. John Hedberg 4740 North Arm Drive West, commented that the market value on his home went up 6.3%. yet the Orono taxes went up 12.3% based on a relatively small increase in the budget and asked if there was an explanation. Mayor Callahan thought it may be related to the classification changes made by the State legislature. Jabbour adde^at originally homes valu^ at $0 - $72,000 were taxed at a rate of 1 %, from $72,000 - $115,000 at 2% and over $115,000 at 3% Since the third tier was eliminated, basically homes over $72,000 are taxed at 2%. This actually causes a double increase to those homes in the middle range. Tliey are asked to pay more from the City and they are absorbing the cost from the third tier. Doug Hickey requested copies of the overheads presented at the meeting. Mayor Callahan encouraged anyone with further questitms to contact the City Administrator. Hurr asked about the income vs. the budget at the golf course. City Administrator Moorse confirmed that in recent years, revenues have exceeded expenditures. The public hearing closed at 7:55 p.m. i/fS) COUNCIL ACTION Mayor Callalian announced that the 1994 budget and levy will be adopted at a meeting to be held on Monday, December 13, 1993 at 7:15 p.m. ADJOURNMENT The meeting was adjourned by Mayor Callahan at 7:55 p.m. Gabriel Jabbour. Chair ATTEST: Dorothv M. Hallin. City Clerk I To: From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabusth. Building & Zoning Administrator December 3. 1993 #1850 James Spinner, 940 North Arm Drive - Variances \ \«.N V ^ V u Status of Application Per Council ’s directive at the October 25lh meeting, the amended application was presented to the Planning Commission for further consideration and recommendation. The enclosed staff memo reviews the amended hardcover facts per the revised improvement plan. The four member Planning Commission reviewed the amended proposal resulting in the removal of an additional 250 s.f. of paved area to the lakeside of the proposed garage stall Members questioned whether additional non-structural improvements could be removed to the north side of residence consisting of a concrete paved area (0-75 ’ - 55 s.f., 75-250 ’ - 308 s.f.). Mr. Herstein, applicant ’s contractor, noted this would require major land alterations into the steeper slopes and felt that the e.xisting improvement solved the drainage problem on the north side. The Planning Commission was unable to affect any other additional hardcover removals. Planning Conuiiission Recommendation The Planning Commission voted to deny the variance application of James Spinner as shown in the recent amended proposal based on the following findings: 1. The improvement involved new pennanent structural hardcover within the 0-75 ’ setback area w'here excesses exist and where none is allowed. 2. The variance requested and the existing hardcover excesses are extreme. Applicants have presented inadequate concessions to offset these e.xcesses. Council Action To provide staff with cmiceptual direction so that an appropriate resolution can be presented to the Council at their January 10. 1994 meeting. / TO:Planning Commission Members Ron Moorse, City Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE:November 8, 1993 SUBJECT: #1850 James Spinner. 94C North Arm Drive - Variances - Referred Back to Planning Commission for Additional Review List of Exhibits A - Revised Site Plan B - Staff Memo C - Council Minutes 10/25/93 Brief Review of Amended Proposal At the October 25. 1993 meeting of the Council, applicant’s representative, Mr. Herstein. presented an amended proposal that would reduce hardcover within the 0-75’ setback zone with the removal of an additional 250 s.f. of paved area. Hardcover witliin the 0-75’ setback zone is reviewed as follows: 0-75’ setback area = 10.822 s.t. Existing hardcover = 2,697 s.f. or 24.92% Prop<^sed hardcover (original application) = 1.931 s.f. or 17.8% (addition of 209 s.f. of new structural hardcover and removal ol 766 s.f. of nonstrucmral hardcover) Proposed hardcover (amended application) = 1,681 s.t. or 15.5% (addition of 209 s.f. of new structural hardcover placed over existing nonstructural hardcover and removal of 1,016 s.f. of ncnsiructural hardcover) All variances noted in the staff memc^ of October 7th remain the same. Is-sues for Consideration 1.Has the removal of 250 s.f. of nonstrucmral hardcover within the 0-75’ area altered your original recommendation? Applicant should be asked if additional removals can be made. . . maybe another attempt to see if addition could be rekKated out ot 0-75 setback area. Options of Action Approval of an amended application; or Denial of amended application as proposed. ch TO: FROM: DATE: Mayor Callahan ami Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator October 7, 1993 SUBJECT: #1850 James Spinner, 940 North Ann Drive - Variances List of Exhibits A - Application A1 - Staff memos for August/September Planning Commission Meeting B - Property Owners List C - Plat Map D - Hardcover Fact Sheets E - Original Survey F - Average Lakeshore SetbacK L*ne G - New Survey II - Floor Plan I - Elevation The Planning Commission reviewed Mr. Spinner ’s variance application at both their August and September meetings. Applicant proposes a 12 ’x22 ’ garage stall addition to the existing attached garage located to the lakeside of the residence. At the August meeting, the application was tabled. Applicant was advised to obtain a new survey and hardcover inventory covering all current improvements on the property. Review Exhibit E, in the original survey, the house was located completely out of the 0-75’ setback area. The only variances sought, were an average lakeshore setback and hardcover variances within the 75-250’ setback area. Review Exhibit G, the new survey shows that major portions of ibe existing improvements on the propertv are located within the 0-75’ setback area. The propo-.cd garage is now located almr>r completely within the 0-75’ setback. The applicant seeks the f. 'lowing variances based o ifn: mended survey/application: Section 10.22. Subdivision I (B) . . ., A. Garage addition to be installed at the lakeside of the existing resideiKC will be located in front of the average lakeshore setback line as the entire residence is located in front ot the average lakeshore setback. B.Lakeshore setback variance Required = 75’ Existing = 57’ Pri'posed “ 65 ’ Variance for new structure 10’ or 13.3% L Zoning Pile Ai85L October 1993 Page 2 Section 10.22. Subdivision 2 - hardcover A. 0-75’ setback = 10,822 s.f. Existing = 2,697 s.f. or 24.92% Proposed = 1,931 s.f. or 17.8% (addition of 209 s.f. of new structural hardcover and removal of 766 s.f. of nonsiructural hardcover) B.75-250’ setback area = 28,040 s.f. Existing = 12,089 s.f. or 43.1% Proposed = 9,122 s.f. or 32.5% (removal of 96 s.f. of concrete area/planter. 2,871 s.f. of plastic underliner) Section 10.03. Subdivision 14 (C) - lot coverage Total lot area = 42,432 s.f. Allowed = 6,364.8 s.f. or 15% Existing = 6.440 s.f. or 15.1%* Proposed = 6,704 s.f. or 15.7% Variance = 339.2 s.f. or .7% ♦Note that ordinance requires areas of pool basin and associated decks or patios in lot coverage consideration. Review of Planning Commission Comments (Please review Planning Commission minutes of Septemljer 20th meeting.) At tne August meeting the applicant was asked to reduce hardcover as liardcover was excessive on the property. Alter reviewing the updated survey and the amended proposal, members felt the applicant had not tried his best to reduce hardcover. Review Exhibit E, outside of the plastic underliner beneath landscape areas, applicant proposed the removal of some 96 s.f. of pavement and planter box. No other improvements were considered for removal. The major objection with the amended proposal was the tact that the entire new structural improvement was located within the 0-75' setback area. Members asked if the garage stall addition could be installed to the west side of the garage. Applicant’s contractor advised that this would have a major and negative impact on the entrance to the principal struemre. Members questioned whether existing paving improvements could be removed at least to the north side of the residence. Applicant’s contractor advised that the concrete paving along the north side of the residence was needed to redirect drainage to drainage way between lot liiws and also protect the foundation of house. Zoning File vi'lSSO October 7, 1993 Page 3 Members were also concerned that structural hardcover was being placed closer to the lakeshore directing more and more drainage and debris direct to the lake. The Planning Commission could not approve the amended application as proposed. 'They made every attempt to obtain additional removals of hardcover but all attempts failed. They asked the applicant ’s representative if he wished the application to be tabled to allow applicant more time to consider additional removals but members were directed to act on the application as presented. The Planning Commission recommended unanimous denial of the application finding hardship representations unacceptable as they felt the applicant had not demonstrated good faith in his consideration of hardcover reduction. Options of .\cfion To accept the recommendation of the Planning Commission and to deny the applicaiiot as proposed; or Table application asking applicant to reduce hardcover within the 0-75 ’ and 75-250 setback area by removing existing improvements; or To approve application as proposed. Council Action To provide staff with conceptual direction so that an appropriate resolution can be drafteo for Council ’s review and action at your October 25, 1993 meeting. It was moved by Hurr to recommend approval of the resolution as written. No one seconded the motion. • / PARK COMMISSION COMMENTS <£/ /."/ There was no one present from the Park Commission. PLANNING COMMISSION COMMENTS Steve Peterson and Sandra Smith represented the Planning Commission. There was nothing to report. PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTRATOR’S REPORT (#4) #1850 JAMES SPINNER, 940 NORTH ARM DRIVE - VARIANCES Mr. Spinner’s contractor was present. Gaffron reviewed the proposal stating that the applicant is proposed additional reduction m hardcover of 250 s.f.in the 0-75 zone. It was moved by Hurr, seconded by Kelley to recommend to Planning Commission to deny the application. Ayes 5, Nays 0. Mr Spinner’s contractor reminded the Council that the applicants have agreed to remove some hardcover and stated that there is no other hardcover that could be removed. It was moved by Jabbour, seconded by Callahan, to reconsider that application and recommend that it be returned to the Planning Commission for review. Ayes 5, Nays It was moved by Jabbour, seconded by Goeiten to refer the aoplicant back to the Planning Commission for review. Ayes 4, Nays 1. Hurr voted nay. (#5) #1877 TANDEM PROPERTIES/PETER ANDREA CO.. 3025 WATERTOWN ROAD AND 2645 WATERTOWN ROAD - SKETCH PLAN REVIEW FOR PROPOSED SUBDIVISION Mr. and Mrs. Dickey were present along with the dev<*lopers, Dick Putnam and Jim Osienson. GalTron explained that the sketch plan review is before the Council because of the size ol the properties involved. Mr. Putnam gave a brief description of the parcels and Mrs. Dickey talked about the historical significance of the site Kelley asked if the bam .vould come down and if not, is it structurally sound. 3 (#1) COUNTY ROAD 15 SAFETY IMPROVEMENTS (continued) Bob Sterna, 1930 Shoreline Drive, read a letter referencing Minnesota Rules, Chapter 8820 regarding natural preservation, stating that the area could be considered for re^e\^en the basis of natural preservation. ^ ^ Barbara Halper, 1420 Shoreline Drive, stated that she felt Council should consider [f redirecting trafTic onto Highway 12/394 just as it was done when the bndges were under repair. Jim Rivers stated that the County should have to oi)erate by the same standards as the City of Orono regarding hardcover issues and adding acres of blacktop would be wrong. He commented that the real problem is not left turn lanes or shoulder, but rather the speed limit should be reduced. Several other residents commented on similar issues, saying tliat the proposed changes would only encourage an increase in traffic and speed, thereby making the road less safe. Other comments were that the City needs to look at other alternatives and also the long term picture of the freeway (394). Jabbour asked whether a lower speed could be posted. Polacek stated that the City would have petition the County to petition the state to do a speed study, 'i'he Commissioner of Transportation has authority for setting speed lumts. He cautioned that a speed study might indicate that a higher speed could be set. Kelley agreed with the public and commented on the difficulty of crossing the road to use the lake and the hardcover issues, but stated that he'd like to see safely concerns reviewed. Goetten commented that she agreed with Kelley and would like to see Country Road 15 remain a scenic parkway...not a scenic freeway. Hurr reminded everyone that the Resolution only asks the County to further study the situation, and that there is no commitment at this time to make the changes. Jabbour stated that he fell Hennepin County should be told now whether to continue with more detailed plans and if the City has no intention of making the changes, the County should be informed before spending additional time on the project. Mayor Callahan stated that purpose of the Resolution would allow further study of the situation and that it would not be possible to know whether improvements should be made to County Road 15 uniil the study is dene. Pal Murphy stated that the proposed plan shows the minimum improvements that County would be willing to build and that there would be nothing that the County could eliminate and still improve the safety ef the road. Kelley asked what the maintenance plan would be if the Resolution is turned down. Murphy replied that the road and shoulders would be repaved and right turn lanes mstalled if needed. He asked that the City Council make its decision to proceed or not tonight. J> To:Orono Plamiing Commission Members Mayor Callahan and Orono Councilmembers Ron Moorsc, City Administrator From: Date: Subject: Jeanne A. Mabusth, Building & Zoning Administrali'r December 10, 1993 ff\S60 Zelma H. McKinney, 3599 Livingston Avenue Conditional Use I’ermit/Variance - Resolution % % ^ % List of Exhibits A - Siegler Memo D - Proposed Site Plan Tlic enclosed approval resolution has been drafted per Council ’s conceptual directive. Note Condition 3 specil'ieally limits exterior storage and parking of vehicles on the properly. Although a single shared service is legally allowed by code, applicant must make payment to the City for an additional sewer and water connection charge in addition to making a SAC payment. Review nxhibits A and B. Ms. Siegler has provided an amended site plan locating one additional off-street parking stall (hat meets the required setbacks She asks that the final site improvements be completed by next spring. Staff has offered a May 15, 1994 deadline for completion t)f all site improvements. Applicant should advise if the deadline is not feasible. The resolution has lieen reviewed and amended by the City Attorney. Cmiiu'il Action To formally adopt the approval resolution as proposed or as amended by the Council. Isv • w V w ^ U w ^ To:Jeanne Mabusih / From:Gayle Sicgler ^ Date:December 6, 1993 Re:Conditional Use Permit - Zoning File #1860 marked to indicate the proposednSn^ the one addilioiiaJ parking space which has been requested bv the Uv?ngs£n Avinlle granting of a conditional use permit for 3599 • The driveway has been indicated by shading. • 'I he additional parking space is indicated by crosshatching. ^i^eq^.Le7&? s"1 tack - ITie work will be performed as soon as weather permits next Spring. Please call me if there are details which I've neglected. Thank you. m : < . t 4w“OC*“5v • «• •• w •! W •••*••«•■* «l ••*. . s «• * 7 • ^ V • * V ^ EQAIM, FIELD & MOWAtt - SURVEYORS .rl'liS. 1811 HARRIET AVE.ml ^ /A ^ MlNNtAPtUS, MINNESOTA rfk CERTIFDCATE ©F SMBIVEY Harvey McKinney _ _ _ _ __ . LIYINGSTOM ui :2: LlJ UJ % cD Scale: 1“ - 30 ‘ Description: Lots' 11 and ’ 12, Block 4, Navarre Heinhts. W« hereby certify that this Is a true and correct representetIon of a survey of the boundaries of the land obove described and of the location of all buildings If any, thereon, and all visible encroachments. If any, from or on said lend* 969Oated thi , 24lh day 0 f uly EGANj^ FIELD 4 NOWAK ^Sur/rfvorK/7 ^ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 5 AND A VARIANCE TO SECTION 10.61, SUBDIVISION 10 (B) FILE NO. I860 WHEREAS, 2^1nia II. McKinney, (licreinaftcr the "applicant") is the owner of the property located at 3599 Livingston Avenue within the City of Orono (hereinafter "City") and legally described as: Lots 11 and 12, Block 4, Navarre Heights, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, per Section 10.03, Subdivision 5, the applicant has made application to the City to allow the continuation of a non-confonning use of the residence structure with two residential units where only a single funily residential use is allo’ vcd and a variance to Section 10.61, Subdivision 10 (B) tliat would allow the two dwelling units to be served by three off- street parking stalls instead of four as required by code. Minnesota: 1 NOW, THEREFORE, BE IT RES0L\T:D by die City Council of Orono, FINDINGS Tills application was reviewed as Zoning File #1860. 2. Tlie property is located in the LR-IC Single Family I^tkcshore Residential Zoning District requiring ouc-lialf acre in area. Tlie proiM.‘riy consists of 13,450 s.f. or .31 acres. 3.On l)eceml>er 12, 1957, the City issued building iKiinit #626 for the purpose of remodeling. Phis permit s|>ecirically iwted the use of the structure for multiple dwellings. At the time, the use of the building for multiple dwellings was consistent with the C'itv's /oniiui code. ^ W Page I of 8 4. 5. 6. 7. 8. 9. The applicant purchased the property in May of 1962 with the intent of maintaining the rental units. Ordinance No. 45 was passed by the City Council in August of 1962 that identified the zoning district exclusively lor single family residential use. Prior to the passage of Ordinance No. 45, the City’s zoning code allowed multiple dwelling structures in the district in which the applicant’s property is located. In September of 1968, a major code amendment once again reaffirmed the exclusive use of the district for single family use but now required a conditional use permit for all non-conforming uses in existence at that time. There was no deadline for the filing of conditional use permits to allow the continuation of non- conforming uses. In January of 1975, the City passed another major zoning amendment dial basically repeated the same requirements set forth in the 1968 code. Applicant’s structure has been used as a multiple dwelling from May of 1962 to the present. Applicant has provided copies of rental receipts and tax statements confirming that rental use of the property has existed from purchase date of May 1962 through the present time. Although there is no record of rental receipts from July of 1967 through January of 1969, applicant has testified that this gap in the receipts rellccts missing records and docs not retlcct an interruption in use of the structure as a multiple dwelling unit. I'urthet, applicant has informed the City that the building has not. from May of 1962 to the present, ever been converted to single family use. Finally, the City has received no evidence from other parties that this building has, since May of 1962, been converted for any period t>f time to single family use. As required by code, the applicant has filed for a conditional use permit to allow the continued use of the residence for multiple dwelling use as she anticipates offering the property for sale. I'he applicant wishes to sell the property for rental use as tlie property was originally offered to applicant in 1962. Per Section 10.03, Sulxlivision 14 (C) the property is allowed 2,018 s.f. of structural coverage. Slructutal coverage for the propctiy is currently at 1.475 s.f. 1‘acc 2 of 8 13. The property docs not meet the required area for llie zoning district for single family residential use and would now be required to provide all improvements needed to support two residential units. Ihe property is located within a sensitive local watershed that produces downstream drainage problems during wet periods and there is u need tt) maintain natural ground cover to treat and absorb surface runoff during these wet periods. I'urther, the City has received testimony from neighboring property owners that an increase in hardcover on applicant’s properly would exacerbate existing drainage problems. I hc configuration of the property is such that adding parking sjiaces to the site would either create traffic safety hazards (if spaces were added for access from Blaine Avenue), or unreasonably intrude on the use of neighboring property (if spaces were added to existing spaces accessing the properly from Livingston Avenue). 14.On September 20, 1993. the Orono Planning Commission voted to recommend approval of the conditional use permit based on the following findings: a. b '1 he use had existed prior to creation of the single family zoning district through to present times without interruption. I'he structure had contained three residential units but applicant seeks approval of two permanent units resulting in a le.ss intense use of the property. 15.1 he Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in tliis zoning district ; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or otlier danger to neighboring properties, would not merely serve as a convenience to the applicant, but is nc*cessary to alleviate a demonstrable liardship or difficulty; is necessary to preserve a substantial properly right of ilic applicant; and would be in keeping with the spirit and intent of tlie Zoning Code and Comprehensive Plan of the City. Page 3 of 8 I 16.The City Council finds that granting a conditional use permit tc allow the continued use of the residence for multiple dwelling use (two residential units) 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. CONCLUSIONS, ORDER AND CONDITIONS Ba.sed upon one or more of the above findings, the Orono City Council concludes that applicant’s use of her property as a residential duplex is a legal non-contbrming use of the property and hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 5. 'fhe Council further concludes that the configuration of applicant’s property and the character of drainage from applicant’s property are unique and, consequently, grants a variance to the required number of parking stalls allowing three off-street parking stalls instead of four. This approval is subject to the following conditions: 1 Per Section 3.05, Subdivision 11, the two residential units can continue to share sewer and water service from the single service. Applicant shall be responsible for making payment to the City for a sewer connect on charge of $225.00 per 1993 and 1994 fee schedule and water connection charge of $1877.00 per 1993 fee schedule or $1933.00 per 1994 fee schedule. At the time of the payment of these fees, the applicant shall also make payment for a SAC charge to the Metropolitan Waste Control Commission at $750.00 (ba.sed on 1993 Fees). Applicant is further advised that she may apply to the M.W.C.C. for a refund of 20% of that fee. 2. 3. Applicant has received ipproval of a variance to allow three off-street parking stalls jHrr the approved site plan attached to the resolution as Page 8. All site improvements must be completed by May 15, 1994. In the granting of this variance, the City Council recognizes the area limitations of this property and specilically prohibits the exterior storage of all mobile material and equipment or the pennanent parking of trucks, recreational vehicles. Page 4 ol 8 4. 5. 6. 7. 8. campers, tractors, snowmobiles, boats, trailers, or vehicles which arc inoperable, for lease, rent or sale. This non-conlorming use may not be changed to another non-conforming use. Nothing in the Municipal Code shall prevent the placing of this structure in safe condition when said structure is declared unsafe by the Building Inspector, providing the neccssar)' repair shall not constitute more than 50% of the fair market value of said structure. If structure is damaged by fire. Hood, explosion, earthquake, war, riot or an act of God, the structure may be reconstructed and used as before if it is reconstructed within 12 months after such calamity, unless the damage to the building or structure is 75% (or more) of its fair market value as shown on the as.sessment records at the time of damage, in which case the structure shall be demolished, and any construction thereafter shall be for a use in accordance with the provisions of the single family residential zoning district. If the non-confonning use of this structure is discontinued and remains discontinued for a period of twelve (12) months, any future use of this structure sliall be in conformity with the provisions of the single family residential zoning district. Nonna! maintenance of the residence or garage structures related to this non- confo*‘»ning use is pennitted, including necessaiy non-structural repairs and incidental alterations which do not extend or intensify the non conforming use. Alterations may be made to the structure containing the non conforming residential units when those alterations will improve the livability thereof, provided they will not increase the number of dwelling units or bulk of the building. Authorities granted by this resolution nm with the property rwt with the applicant, but are |K‘rniissive only and must be exercised by applicant making tlic necessary payments for sewer and water C(»niH:ction fees by May 15, 190-f. Page 5 of 8 10. 12. Violation of or non-coinpliancc with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically tenninate any authority granted herein, and shall be punishable as a misdemeanor. 'I hc 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 l^y the Orono City Council on this I3th day of December, 1993. ATHiST: Dorothy M. Ilallin, City Clerk Hdwar'^ J. Callahan, Jr., Mayor Property Owner(s) STA TH Ob MINNF.SOTA ) ) COUNTY or HHNNlilMN ) ss. The foregoing instrument was acknowledged l>efore me on this 13th day of Dcccml)cr, 1993, by lldward J. Callahan, Jr. and Dorothy M. Ilallin. 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 t of 8 STATE OP MINNESOTA ) ) ss. COUNTY OE HENNEPIN ) On this dny of . 199 before me a Notary Public within and for said county, personally appeared known to me to be the pcrson(s) described in and who executed the loregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of , 199 before me a Notary Public within and for said county, personally apficarcd known to me to be the pcrson(s) desj^ribed in and who executed the foregoing instrument,aiKlI acknowledged Uial he (they) executed the same as hjs (their) free act and deed. NOTARY PI BUC Page 7 of 8 / To: From; Date: Subject: Mayor Callahan and Orono Councilmembcrs % Michael P. Gat Iron, Assistant Planning «& Zoning Administrat<Bk cl^ ^ - %December 8, 1993 tl^l874 Gary DeSantis/Sailors World, 1955 Shoreline Drive - Resolution Application Variances for hardcover, street setback, and parking requirement for installation ot 8’ X 8* X 20 ’ storace module on site. Ust of Exhibits A - C - D - Proposed Resolution Notice of Planning Commission Action 11/17/93 Planning Commission Minutes of 11/15/93 Memo and Exhibits cf 11/9/93 Summary The applicant initially requested variances to allow installation of two steel storage modules on the property. The stated need for storage space is a result of the new building layout being neither large enough nor in a suitable configuration to allow for storage within or as an attachment to the clubhouse. Planning Commission initially was opposed to two storage units and their proposed l(K-ation in the 0-75 ’ zone. After tabling, applicant returned with a revised plan for just one 8’ X 8’ x 20 ’ module located outside the 0-75' zone in an existing approved parking stall. Planning Commission Recommendation At their November 15 meeting, Planning Comnission recommended 4 - 0 to approve one storage mtxlule per the following conditions: 1 One 8’ x 8’ X 20 ’ module to be located in Parking Stall 34 (see site plan). 2. 3. 4. The module shall have no foundation. I'lie nu Jule’s earace dinars shall face awav from the street. W- • The ir.odule shall be screened fiom street view by an integrated landscape plan which shall include evergreen plantings. Parking agreement with An Center shall remain in effect as long as m<xlu!e remains on sue. IMIdi 1 Zoning File ^1874 December 3, 1993 Page 2 6. Variances to be granted include: Street setback variance (30’ required. 28 propc)sed). Hardcover variance (no change in percentage, but changing from pavement to "structural" hardcover). Reduction in number of usable parking stalls from 42 to 41 where 48 are required. Planning Commission recommended that the applicant provide a landscape plan for staff review and approval, for screening of the proposed storage module. In staff’s opinion, such plan should include evergreen plantings along the street side and south end to provide at least a 50 /r screening of the module in the first year, with potential in three years to be 100/i screened on ihose two sides No screening will likely be feasible on the north or east sides facing the parking lot. Screening must also not interfere w ith vehicle site distance for exiting the site. Staff would issue a permit for this module (in this case a zoning permit rather than a building permit since the building inspectors feel this cannot be defined as a strucnire) only when a suitable landscape plan has been submitted and approved by stall. Additional Discussion • Planning Commi.ssion reviewed this in the context of a "semi-permanent" installation, i.e. requiring vegetative screening hut not allowing a foundation, so that the unit is not attached to the ground anu therefore can be mobile. Does Council wish to reserve the right to make this a temporary or conditional variance? For instance, would Council prefer to reserve the ability to have the unit moved to a diffeient location or removed altogether if it becomes a visual nuisance? • Regarding the visual aspects of this module. Planning Commission did not specily that the exterior finish of the module match that of the clubhouse. Does Council wish to specify the e»‘»*rior finish? • Altliough not addressed in the Planning Commission’s recommendation, there was discussion rcga’’ding sti'rage ol ooats. equipment, materials, etc. in the landscape areas j)f the siie. It was clearly the intent of the Council in its 1990 approval that no storage <Kcur in the land.scape areas. This has been clarified in the proposed resolution. • It should be noted that due to the 20’ length of the niinJule and the fact that stalls #33 and #34 arc only lb’ deep, the module will panially bltKk stall #35. This can In: solved by shifting stalls #35 thru #38 four feet northeastward, without atfectu'g har<icover percentages. This half of the parking h>t has not been paved yet. Zoning File #1874 December 3, 1993 Paee 3 Finally, note that the property consists of two tax parcels. The module if located in Stall #34 will nearly abut the dividing line, where we would normally require a side setback of 10’. This can be avoided by legally combining the properties. Therefore, legal combination has been added as a condition ot approval. Staff Recommendation The attached resolution reflects the Planning Commission recommendation, plus language addressing storage in the landscape areas and the requirement for legal combination. Additional conditions, if any. can be added per Council ’s direction. A RESOLUIION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2, SECTION 10.41, SUBDIVISION 5 (A), SECTION 10.41, SUBDIVISION 9 (B), SECTION 10.41, SUBDIVISION 10 (D) AND SECTION 10.56, SUBDIVISION 16 (L), AND PER SECTION 10.41, SUBDIVISION 2 APPROVES AN AMENDED COMMERCIAL SITE PLAN FOR SAILORS WORLD. INC. FILE NO. 1874 WHEREAS, Gar>' DeSantis of Sailors World Marina and Yacht Club, Inc., a Minnesota corporation (hereinafter "the applicant") has an interest in the property located at 1955 Shoreline Drive within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant proposes the installation of an 8’ x 8’ x 20’ accessory storage n: xlule on the property, which module constitutes structural hardcover, an encroachment in the required street yard, and which will reduce the number of parking spaces on the property, and therefore has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2. Section 10.56, Subdivision 16 (L) and Section 10.41, Subdivi.sion 10 (D) to permit a change in the nature of existing hardcover in the 75-250’ zone which contains 5,100 s.f. or 83.6% hardcover as approved in Resolution No. 2891 of ihe City Council, where only 1,525 s f. or 25% hardcover would normally be allowed, and for a variance to Section 10.41, Subdivision 5 (A) to allow reduction of one parking stall from the 42 suills approved in Resolution No. 2891 which grained a variance to the 48 stall requirement for this site, and for a variance to Section 10.41, Subdivision 9 (B) to allow a 28’ street yard setback for a storage structure where a 30 ’ street setback would nonnally be required; and per Section 10.41, Subdivision 2 seeks approval of an amended commercial site plan to allow the installation of said storage module. NOW, rilEREFORE, HE II RESOLVED by the City Council of Orono. Minnesota: FINDINGS 'Fhis application was reviewed as Zoning File #1874 Page 1 of 6 2. 3. 4. 5. The Orono City Council granted variances and approval for a commercial site plan review for Smith’s Bay Marina and Yacht Club. Inc. (Zoning Application ;i^l592) per Resolution No. 2891 on October 22. 1990. Pursuant to that resolution, the current property owners constructed a marina clubhouse and have completed the majority of the site improvements required with that approval. The applicant has requested approval for installation ot an 8 x 8 x 20 removable storage module on the property, based on the following stated hardships: A. A hardship exists due to lack of equipment storage tor marina related activities to effectively run the marina business. This lack of storage results in an inability to accommcxlate customers demands for facilities to store person ’.! boating equipment. B. The amount and type of items proposed to be stored in this module are enumerated in the applicant ’s letter to the Orono Planning Commission dated November 1, 1993 and incorporated herein by reference. C. A small extension to the existing building could be of dimension no more than 6 ’ x 6 ’ in area without encroaching on existing windows, doorways, or extending into the site parking area. The site layout makes it ver>’ difficult to relocate the single parking space which will be eliminated by placement of the storage mcxlule without a significant reconfiguration of the parking layout or encroachment into the designated non hardcover landscape areas. To compensate for loss ot this space, which reduces the number of spaces to 41 where 42 were approved via Resolution 2891 and 48 would normally be required, the applicant has provided a letter of agreement with the Minnetonka Art Center approximately 1/4 mile west of the marina, tor overtlow parking. The proposed liKation of the storage module in parking stall #34 ot the previously approved cmTunercial site plan, places the im>dule outside the 0 75 lakeshcrc setback /one where no structures would mirmally be allowed, thus meeting the major objection the DNR had to this proposal. I’.ice 2 of 6 6. 7. 8. 9. 10. The proposed location of the storage module located 28’ from the County Road 15 right-of-way where a 30 ’ street yard is normally required, is a location that is extremely visible from said road, and therefore visual screening of the module by use of evergreen type vegetation is imperative to reduce the negative visual impacts. It is the clear intent of Municipal Code Section 10.41, Subdivision 7 (b) that required landscape areas not be used for the storage of boats, equipment, or materials, fhe proposed storage module will provide storage such tliat none of the landscape areas per the approved site plan need be encumbered w ith storage of any kind. This propcny currently consists of two tax parcels. The boundary line between the two parcels abuts parking stall #34. This leaves virtually no setback between the parcel side lot line and the module. Technically this requires a side .setback variance unless the two properties are legally combined. The properties should therefore be combined. The City Council has considered this application including the tindings and recommendations of the Planning Commission, reports by City statt, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 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 po.se a fire hazard or other danger to neighboring property; would not merely serve as a convenieiKe 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 ot the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDKR .AND CONDH IONS Based upon one or nu>re of the findings noted above, the Orono City CouiKil hereby grants the variances as set forth above and approves the installation of an 8 x 8 x 20 Page 3 of 6 storage module as an amendment to the commercial site plan originally approved per Resolution No. 2891 on October 22. 1990, subject to the following conditions: 1. 2. 4. 5. 6. 7. 8 One 8’ X 8’ X 20’ storage module may be located in parking stall ^34 per the site plan attached to this resolution as Exhibit B. The storage module shall be free standing and shall have no foundation in order to preserve its mobility. 3. The storage module ’s garage doors shall face away from County Road 15. 'Fhe storage module shall be screened frt>m street view by an integrated landscape plan that shall include evergreen plantings of a size and spacing to provide at least a 50% screening of the module in the first year, with potential in three years to be 100% screened along the County Road 15 side and the south end. Screening shall not be allowed to interfere with vehicle site distance for vehicles exiting the site. Tlie module shall remain on the site only as long as an off-site parking agreemc;.^ with the Art Center or other entity remains in effect. In conjunction with the approval of this storage module, no storage of materials, equipment, or boats shall occur in any of the non-hardcover landscape areas indicated on the site plan. I'or zoning purposes, applicant shall obtain a pennit from the City prior to installation of the storage module. Prior to issuance of the above m)ied permit, applicant shall legally combiiK the two tax parcels. Authorities granted by this v iriance run with the property not with the applicant, but are pennissive only and must be exercised by application foi a building |K*rmii within one year of the date of Council approval, or this variance will expire on that dale (December 13, 1994). Page 4 of b L 10.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any autliority granted herein, and shall he punishable as a misdemeanor. 11.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 Orono, Minnesota at a regular meeting held on tlie 13lh dav of December, 1993. ATTEST: Dorothy M. Hallin, City Cleric Edward J. Callahan. Jr., Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of Deceml>er. 1993 by Edward J. Callahan. Jr. and Dorothy M. Hallin. Mayor and City Clerk of the City of Orono. a .Mmnest)ta municipal corporation and said instrument was c.\ecuted on behalf of the Citv. Notary Public Page 5 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared _ known to me to be the person(s' described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the 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. NOTARY PUBLIC Page 6 of 6 r exhibit a t^::cr™ersiLry"42"/er/c^ l^inutes %st ^ feet to actual rn'"" °Lrtrr/re.fars “5o'^™inuttlE:rt"l3o1ert"to%'hfi“ of^ North line^o^f^Grand Avenue extended Easterly thence North 59 degrees 4 5 minutes West 18 feet thence ^ "OiuT^ARK" mimitea West 131.5 feet to beginning including accretionsr. ORA PARK Sn^KE MINMETONRA-, Hennepin County, Minnesota, (hereinafter “the property"); and ' . PHOMC NO. STATt orIrV) (! 1_^DF.PARTMENT OF NATURAL RESOURCES RMRO waters - i;>00 WAWIER ROAD, ST. PAUI,, MN 55106 772-7910 M FILL NO December 13, 1993 Mike Gaffron City of orono R.O. Box 66 Cryetal Bay, Minnoeota 55323 RE:SAILORS WORLD (#1874), 1955 SHORELINE DRIVE, LAKE MINnETONKA (27-133, 26), CITY OF ORONO, HENNEPIN COUNTY Doar Mr. Gaffron; I have comments on the following land use application which ie scheduled for public hearing before the City Council on December 13, 1993. The applicant originally requested several variances to place two storage units on a portion of the property that is currently vegetated. I have reviewed a revised plan that involves: placing on® storage unit on a arrent parking spot, a parking agreement with Art Center, and no net increase in impervious surface. The DNR has no objection to the city approving this revised plan subject to the conditions in the city's Notice of Planning Commission Action dated November 17, 1993. Than)t you for the opportunity to comment. Please contact me at 772-7910 should you have any questions regarding thcce comments. .sincerely. Ceil Strauso Area Hydrologist Gary DeSantis, Sailors Kor?.d Fd Kick, S)ior«land Hydrologist Lake Minnetonka file 27-133, #26 AN lOuai OmeCHiTUWTY fSIPLOvfil cm’ OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE ^1874 NOTICE OF PLANNING CO^nSSION ACTION DATE OF NOTICE: November 17, 1993 TO:Gary DeSantis Sailors World 1955 Shoreline Drive Wavzaia, MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING: 11/15/93 VOTE: 4 FOR 0 AGAINST The Planning Commission recommended approval of your application, subject to the conditions noted below: 1. One 8’ X 8’ X 20’ module to be located in parking stall ^34. 4b •The module shall have no foundation. 3. 4. Doors shall face away from the street. The module shall be screened from street view by an integrated landscape plan which shall include evergreen plantings. 5. Additional conditions/approvals: Street setback variance. Variance to allow reduction in number of usable parking stalls from 42 to 41 (40?) where 48 are required. Parking agreement with Art Center to be in effect as long as module remains on site Hardcover variance (no change in percentage, but changing to strucmral hardcover). The applicant's next scheduled meetmg is confirmed as City Couiv:iI on Monday. December 13. 1993; meeting starts at 7:30 p m. If you desire certified copies of the official Planning Commission minutes, tlw) available from the City Recorder after review and approval by the Planning Commission. tlwy are PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15. 1993 ■ Building and Zoning 's'pace was a hardship and heappiicant. was present and x .ned .he iac^^^ requested the Planning Con'm'sa °" pp jhe water as concerned about locating landscaping and screening to buffer the module possible. He stated he was willing of the DNR had said she would from the view from the r°a'*"^''- stating that the proposed location was acceptable, sent a letter to the Planning a^ance of the buMing and explained why it was notrsrr-rr:rs:;^ .. —«—•- door placement. Commissioner Nolan inquired how much 'j^^^^^^'j^n'mrpordrdVhafit'w^ placed as shown on the plans a n„,i,|on of the module shown on the plans was the rcsTtion^e'Teaed He'noted that it could be moved if the Planning Commission prefsrrGcj 3 diff6f6nt locstion. Chairman Schroeder stated ^^'gfjner’pe'ter^^^^ supportive of the proposed ° be moved from one place to another if movable, and Mr. DeSantis a foundation. Ms. Mabusth commented i, were placed directly on the ® pdncipal structure. Mr. DeSantis that the structure was designed to blend in witn me pru r. v reviewed tha proposed landscaping to screen the storage • ^ Commissioner Nolan inquired about the ®Sa!itTs''Ves1^^^^^^ affirmatively, occupied by a walkway was necessa|rY, , a„ aodition onto the existing Discussion ensued regarding the reasibility of ^ ^ because of the placement of building. Mr. DeSantis explained why this was not p windows and doors in the principal structure. rnmmissioner LindquiSt mgvpd. PQtgfSQHmodule to he vW<1 hn §pgc.eJL34j^yimayi^i^^ The a^p^ialt. subject to the followinn sTiPUlatiQ.01- ffPthack to allow 9 swr^yff 'Hvvy.^ yy 7 ^ rhP asphalt, subject to the following st'I?ulatiQ.01- 1. The applicant provide a landscape plan for staff review and approval the proposed storage module. 2. The doors of the storage module face away from the street. ..............-S.WP- MotiQQjaaifist* MliVUTES OF THE ORONO PLrVNNLNG COMMISSION MEETING HELD OCTOBER 18, 1993 (HI) JAMES VV. OGLAND/DONALD J. STOYKE - CONT. Ogland stated that vacation would put the propeny back on the tax roles which would be best for the public interest. He does not like the encumbrances on the property because they don’t know if they should maintain it or not. Smith asked about similar vacations on two neighboring propenies. Gaffron explained that one goes back tc 1969 and the other betore dtat. These two accesses were similar and in the past it was found acceptable to grant a vacation. Peterson slated he felt compelled by the DNR to avoid the vacation since there is a Minnesota statute that gives clear guidelines. Smith asked if the application were tabled, would conversation with the DNR be helpftil. Gaffron though it might. He also stated he had discussed with Reger the possibility of vacatmg everything except the portion between the lake and the landward side of the road. He questioned if any problems v ould be solved by vacating everything back from 10’ off the road. This would remove the issue of public access. Lindquist stated he would like to see the property owners have this property but feels the need to stay within the legalities of the system. It was moved by Smith, seconded by Nolan, to table Application #1876 to allow the applicants. City and the DNR time to discuss the DNR concerns. Ayes 6. nays 0. (#3) #1874 GARY DESANTIS/SAttORS WORLD „ 1955 SHORELINE DRIVE, VARIANCES - PUBLIC HEARING 7:2*2 P.M. - 8:28 P.M. The Affidavit of Publication and Certificate ot Mailing were noted. Gary DeSantis of Sailors World was present. Gaffron explained this request lor hardcover and lakeshoie setback variances to place WO storage structures of S' x 8' x 20' on the property. He asked if Planning Commission »ere interested in allowing more hardcover or the existing Ivudcover to be changed from 8rad«;*''''j to a laiger slrucmrt. The character of these structures should be considered vs. existmg buildings. DeSantis explained the recent history of the propeny. Owwnhip “f >*“ I 1/2 years ago. They fell the property would be more valuable wiih a buildi^ on it. a long process obtaining a building permit. There is no storage m the ^ property for storage of lawn mowers or boating accessories. He expressed tus concern over MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 18, 1993 (^3) #1874 GARY DESANTIS/SAII ORS WORLD - CONT. hardcover noting that some off-site parking had been secured at the Minnetonka Art Center. He felt that it may be better to take a couple parking spaces for placement of the storage strucmre than to attempt to place them on a grassed area. Peterson asked if the applicant was aware of DNR comments on this application. DeSantis was not but they were included as part ot the original packet. Nolan asked what the intended schedule of completion of impre ements was for the property. DeSantis responded that they had three years to complete the commercial site plan and that time has not expired. The rainy season this summer has cae.sed problems completing the parking lot and landscaping. DeSantis explained that tlic structures are moveable with no foundations and could be considered temporary or permanent. Nolan observed piles of lumber, a tractor, rotting timbers and a dumpster on the property and questioned the standard practice of operation regarding use of these landscape areas. The City has designated certain a'eas yet Nolan noted most of these areas had some type of coverage on them, i.c. boat, construction materials, etc. DeSantis responded that the marina is in a winter storage mode and has the ability to use the property for winter storage. Undscape timbers will be removed when the landscape contractor has time to complete his work. Smith asked if some of the items could be moved to dean up the property. DeSantis asked where they should be moved to. Nolan added that was the point he was trying to make. Even if the landscaping were complete, would there still be materials lett in landscaped areas? Is this the standard of operation the Planning Commission could expect to sec in the future? DeSantis did not feel he should be criticizeu for not completing die improvements. Pan ot the landscaping price was removal of the old timbers and the contractor has not completed that p<inion. Schroeder noted there wxre worthwhile improvements. The B-2 zone has been an issue for consideration by the Citv for some time. He has concern over adding more hardcover in the form of storage. He did not see renting storage space as pan of the overall plan. He suggested storage could occur across the street or on some other pan of the propeny lunher from the lakc^ He also expressed concern that aesthetically the storage buildings would not be consistem with the existing buildings. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 18, 1993 (#3) #1874 GARY DESANTIS/SAILORS WORLD - CONT. Lindquist asked to have the 75’ setback area detlned and noted his objection to hardcover in the 0-75’ setback area, Peterson also expressed concern over adding more structure to this already developed property. He suBgested looking a', parking spaces 35, 36. 37 and 38 if the structures were to be placed on the property. He felt the DNR was implying that the structure may be acceptable if placed over existing hardcover. Nolan stated that these structures tend to "look bad" after a period ot time even though they are galvanized. He asked if DeSantis would consider any other type of structure. DeSantis said they would but explained that one of the strong points of these structures was the longevity of weathering. He felt that maintaining the building would not be a problem since it would be similar to some boat maintenance. Berg asked if the structures would be leased. DeSantis confirmed that they could be with an option to buy. He stated dock boxes do not provide sufficient volume for storage. Schroeder staled he would be inclined to find some type of storage for the personal lawn mower, etc. close to the existing building. He would be opposed to any ty'pe of mini-storage as there are off-site options for this. Smith suggested DeSantis consider enlarging the existing outside shed (which has the same outside siding) and using some inside cabinetry' for life preservers, etc. Although this may not be ideal to the applicant, it may be a workable compromise. DeSantis stated it would depend on what could be attached, 'fhere is a need to store pumps. Currently the shed houses only electrical equipment. He questioned if he would gain enough storage by enlarging the shed but thought it would worth a try. It w as moved by Peterson, seconded by Lindquist, to deny Application #1874 for the requested hardcover and lakeshorc setback variances for two storage structures. The proposed location is unacceptable and there docs not seem to be enough of a hardship. DeSantis asked if the structures were moved to the parking spaces out of the 0-75’ setback area ■ind only one structure used, would the objection be removed. Schroeder noted the 0-75’ setback issued would be addressed but the nature of the building and hardcover arc still issues. MlNUl ES OF TIIE ORONO PLANNING COMMISSION .MEETING HELD OCTOBER 18, 1993 (#3) #1874 GARY DESANTIS/SAILORS WORLD - CONT. Nolan felt that if something long and narrow could be done along the building it would solve the issue of aesthetics, no strucmral hardcover would be added to the site and it would provide some storage, probably not all, but would be an improvement. Gaffron staled that if the application were denied and sent to Council, Council could send it back to Planning Commission for further consideration. Tabling the application would bring it back to Planning Commission without any Council input. DeSantis would prefer to have the application tabled. Schroeder noted the feeling of the Planmng Commission was to have a limited strucnire that was compatible with the e.xisting building, used principally for personal use and not rented out. Lindquist added that further seasonal storage needs should be considered for off-site locations. Peterson and Lindqui.st withdrew their motion. It was moved by Lindqui.st, seconded by Peterson, to table Application #1874 tor a request for hardcover and lake.shore setback variances to place two 3’ x 8’ x 20’ storage modules on marina property. Ayes 6, nays 0. (#4) #1878 CHARLES AND SHIRLEY PYLE 3548 rVY PLACE - VARIANCES - PUBLIC HEARING 8:30 P.M. - 8:40 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Charles Pyle was present. Gaffron reviewed the request e.xplaining the current request is slightly different than that approved in 1992. The previous application included an addition to the side of the house, a covered entry way and replacement of detached garage. There were some hardcover trade-offs in the 0-75' and 250-500’ setback areas. In the new application, no changes are proposed to the driveway or garage. The addition to the house is still proposed with some hardcover removals. Pyle explained that the initial bid was much higher than the final bid so they had to look at some other alternatives. Schroeder asked if there were any way to reduce the driveway. Nt)lan asked if there were a way to reduce the breezeway. 8 I TO; FROM: DATE: Planning Commission Members Ron Moorse, City Administrator Michael P. GatTron. Asst. Planning & Zoning Administrator November 9, 1993 SUBJECT: /i^l874 Gary DeSantis/Sailors World. 1955 Shoreline Drive - Variance Continuation of Public Hearing List of Exhibits A - Applicant’s Letter and Revised Proposal 11/1/93 B - Applicant’s Submittal Re: Parking at An Center C - Notice of Planning Commission Action 10/27/93 D - Planning Commission Minutes 10/18/93 E - Memo and Exhibits of 10/14/93 Planning Commission tabled this application at the October meeting, allowing applicant to return with a revised propi)sal which might include a storage addition to the existing building rather tlian free standing modules. Applicant has submitted a revised proposal for a single storage unit located in the 75-250 ’ /one, indicating that the potential for addition to the existing building would yield only a 6’x6’ storage area (presumably this is due to existing door and window locations). Applicant has listed the items for which he requires storage area. Funher. he has provided a letter of agreement with the Minnetonka Art Center, approximately 1/4 mile west of the marina. Staff Recommendation Planning Commission is requested to consider the applicant’s revised proposal. If Planning Commission detennines that a suitable hardship exists and the location ot the single proposed mixJule is .ippr»ipriate, then any reciMumendation tor approval might address screening, off site parking, and whether hardcover tradeoffs are needed. ch » I i • I *1 I • '1 MARINA & BOAT CLU B'ndl^/Vr<tf<^AAA, "5in«i6if Sfd A»ot S S^uT NOVEMBER 1, 1993 PAGE 111 ATTENTION CITY PLANNING COMMISSION: CONSISTANT UITH YOUR REQUEST I HEREBY SUBMIT ADDITIONAL INFORMATION RELATED TO MY APPLICATION FOR A REMOVABLE STORAGE FACILITY ON MY PROPERTY. A HARDSHIP EXISTS DUE TO LACK OF EQUIPMENT STORAGE FOR MARINA RELATED DUTIES TO EFFECTIVELY RUN OUR BUSINESS AND OUR INABILITY TO ACCOMODATE OUR CUSTOMERS DEMAND FOR FACILITIES TO STORE THEIR PERSONAL BOATING EQUIPMENT. SOME OF THE ITEMS UE WOULD BE STORING IN THIS FACILITY ARE I^OLLOWS: * 0 -30 DE-ICING PUI1PS 0I<< - ’ STEEL DOCK ADOPTERS * UP TO 2 OR THREE SMALL OUTBOARD MOTORS FOR WORK BOAT & FOR CUSTOMER USE ON RUBBER RAFTS ETC. * SPACE TO STORE MEDIUM SIZED CHAIN SAW FOR DOCK WORK CROSS BRACE TRIMMING ETC. ♦ SPACE TO STORE 2’ X 6“ X 6" WINTER STORAGE BLOCKING OVER 200 PIECES. * SPACE TO STORE LAWN MOWER, WEED WHIPS, RAKES, SHOVELS & MISC. GROUNDS KEEPING EQUIPMENT TO MAINTAIN LANSCAPEO AND GREEN AREAS TO KEEP GROUNDS NEAT & PRESENTABLE TO COMMUNITY. * SPACE TO STORE SMALL TABLE SAW. SKILL SAW, POWER DRILLS, HAND SAWS. SLEDGE HAMMERS ETC. FOR DOCK DECKING WORK AND REPAIRS ON ON-GOING BASIS. * GAS CAN STORAGE FOR CHAIN SAW AND OUTBOARD WORK MOTORS. 3T STAND UP TOOL BOX STORAGE FOR LIGHT DUTY SERVICE OF BOATS IN MARINA INCLUDING ELECTRICAL. NUTS & BOLTS. VARIOUS MISC. HARDWARE ITEMS, LOWER UNIT LUBE, OIL, PROP REPLACEMENT PROPS. SAILBOAT BOOM OR MAST REPAIR PARTS. (INVISIUH YOUR OWN LITTLE REPAIR SHOP IN YOUR GARAGE OR W<^K ROOM AT MOf« AND EXPAND IT TO TAKE CARE OF LIGHT DUTY REPAIRS TO 75 - 00 BOATS, DOCK SLIPS & MARINA BUILDING). JXX 17*, Opii MN 11121 (*12)471*1441 r«i(*l2)47f*ff % ■3 4 ■4 nv:1i A«/WVAAyV. marina & BOAT CLUB /VAAAA/VA, I -&Ni«f M A m* 4 Sn «' hK:. im te- NS- . F •■/;■ * FF' I h I- V r- P#:. PAGE »2 * STORAGE FOR SMALL QUANTITIES OF BOTTOM PAINT, ACETONE & TOUCH UP PAINT FOR SMALL MISC. REPAIRS. DRUM OF BOAT CLEANING LIQUID NEEDED TO CLEAN CUSTOMER & MARINA BOATS ON A DAILY BASIS. ♦ STORAGE OF DECK UMBRELLAS - TABLES & CHAIRS IN OFF SEASON. « STORAGE OF A COUPLE DOZEN OF DOCK HOSES IN OFF SEASON. * STORAGE OF SAILBOAT SAILS FOR CUSTOMERS. * STORAGE OF CUSTOMER KNEE BOARDS. WATER SKIS, LIFE JACKETS, RUBBER RAFTS, INNER TUBES ETC. IN ADDITION THE USE OF THE PROPERTY HAS VASTLY IMPROVED AS BEFORE YOU HAD FIVE SHABBY STRUCTURES TWO OF WHICH WERE BORDERING ON THE WATER WITH A MAJOR MOTOR REPAIR SHOP AND (2) METAL SHEDS FOR GAS S OIL CAN STORAGE OVER THE WATER LOCATED ON DECKING OVER THE WATER WITH 50 RENTAL BOATS. TODAY YOU HAVE NO STRUCTURES EITHER ON OR BORDERING THE WATER I • • • WE ARE TRYING TO BE A GOOD PROPERTY OWNER AND MAINTAIN A NEAT AND ORDERLY FACILITY. WE MUS* ALSO ADDRESS THE NEEDS OF OUR CUSTOMERS. WE DESPERATELY NEED STORAGE BEYOND WHAT WE HAVE AND MORE THAN A SMALL EXTENSION TO THE EXISTING BUILDING COULD PROVIDE. (AS THAT DIMENSION WOULD ONLY BE 6»X 6* ). IN A EFFORT TO SATISFY YOU AND THE DNR I HAVE RELOCATED THE PROPOSED STORAGE MODULE TO A LOCATION THAT MERITS YOUR APPROVAL AND I HAVE SCALED BACK FROM 2 STORAGE MODULES TO ONLY ONE. (SEE REVISED SITE PLAN DRAWING TO SCALE). Y ASK YOUR APPROVAL OF THIS CONCEPT. fa Wm MN11121 ffMCftl2)4?M449 i«C*l2)47M9ll, ■I n - ■yi:i ■I O MINNETONKA "PZ. CENTER FOR THE ARTS ^^210 Noflh Shore Drue • V\ I • #.IJ 4 < ’’h nr. c/niL^ OCs if 28, 1993 (^y'} Mr. Gary De Santis Sailors World P.O. Bux 176 Crystal Bay, MN. 55323 Dear Gary: This letter will confirm our understanding that Sailors World may use a portion of the Art Center's east parking lot on weekends, from May to September. As we discussed, the following arrangements would apply; 1. Your personnel will park cars, designated with a Sailors World Par ng Pass, atong the eastern side ol our east parking lot, adjacent to Briar Street 2. Parking will be available rrx)st weekends, with the exception of the weekend following Labor Day. when the parking lot is rvnted to a private party If the Art Center is planning any acfditional, major events requiring parking on we»?kends, we will, of course, let you know in advance 3 Liability for any damag > that occurs will remain the responsibility of Sailors World 4. Sailors World will give the Art Center an option to use its parking area during the annual Holiday House fundraiser at the Art Center, which is generally held the week before Thanksgiving Gaty, we appreciate your offer of compensation, but invite you instead to make a charitable contribution to our Annual Funo (information enclosed). Your business name would then appear m our Annual Report and newsletter, as a supporter of the Art Center. Thanks. Gary Sincerely. ...... / Ann Larsen ^ / Executive Director CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FIIT: ^1874 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: Octohcr 27. 1993 TO:Sailors World 1955 Shoreline Drive Wayzaia, MN 55391 ATFN Garv DeSantis TYPE OF Al»PLICATION:\'ariance DATE OF MEETING:10/18 93 VOTE: 6 FOR 0 AGAINST The Planning Commission tabled this application tor reasons noted below Motion and second for denial withdrawn, motion to table approved, giving applicant time to return with a revised proposal which might include a storage addition to the existing building rather than free-standing modules Applicant’s next scheduled meeting is dependent upon receipt of additional information. Deadline for the November 15 meeting ^s November 5 There is no Planning Commission meeting in December If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357) If you desire certified copies of the official Planning Commission minutes, he, «>re available frtini the City Recorder after review and approval by the Planning Commission. Isv MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 18, 1993 (ffl) JAiV&S^. OGLAND/DONALD J. STOYKE - CONT. Ogland stated that v^GiUion would put the property back on the Lax roles would be best for the public interest. He does not like the encumbrances on Lhe prope^ay because they don’t know if they should maintairKh or not. Smith asked about similar vacations^n two neighboring prop^i>ffes. Gaffron explamed that one goes back t^^69 and the otfier before that. These tw-o accesses were similar and in the past it was found actcpiable^gran» a vacation. Peterson stated he felt compelled by the DNR i^Avoid the vacation .since there is a Minnesota statute that gives clear guidelines. Smith asked if the application were/fabled. would convocation with the DNR be helpful. Gaffron though it might. He also^ed he had discussed wiiJn^eger the possibility of vacating everything except the portion between the lake and the landward sibc of the road. He questioned if any problems would be sj>f^d by vacating everv'thing back from ItKoff L;e road. This would remove the issue of pu>fic access Lindquist statedjrc would like to see the property owners have this property nut feels the need to stav wiihia^e legalities of tlie system It wayfwved by Smith, seconded by Nolan, to table Application #1876 to allow the a|>B|kants City^d the DNR time to discuss the DNR concerns Ayes 6. nays 0. (#3) #1874 GARY DESANTIS/SAILORS WORLD 1955 SHORELINE DRIVE. VARIANCES - Pt^LIC HEARLNG 7:52 P..M. - 8:28 P.M. The Affidavit of Publication and Cenificate of Mailing were noted. Gary DeSantis of Sailors World was present Gaffron explained this request for hardcover and lakeshore setback variances to place two storage structures of 8* x 8' x :0’ on the property He asked tf Planning Commission were interested in allowing more hardcover or the existing hardcover to be changed from grade-level to a larger structure Die character of these structures should be considered vs existing buildings DeSantis explained the recent history of tfie property Ownership of the propery was gained 1 1/2 years ago Ihey felt the property' would be more valuable with a budding on it It was a long process obtaining a building permit There is no storage in the building or on the property for storage of lawn rm'wers or boating accessones He expressed his concern over MINUTES OF THE ORONO PLANNING COMMISSION .MEETING HELD OCTOBER 18, 1993 (#3) #1874 GARY DESANTIS/SAH.ORS WORLD - CONT. hardcover noting that some off-site parking had been secured at the Minnetonka Art Center. He felt that it may be better to take a couple parking spaces for placement of the storage structure than to attempt to place them on a grassed area. Peterson asked if the applicant was aware of DNR comments on this application. DeSantis was not but they were included as part ot the onginal packet Nolan asked what the intended schedule of completion of improvements was for the property'. DeSantis responded that they had three years to complete the commercial site plan and that time has not expired The rainy season this summer has cau.sed problems completing the parking lot and landscaping DeSantis explained that the structures are moveable with no foundations and could be considered temporary or permanent. Nolan obserxed piles of lumber, a tractor, rotting timbers and a dumpster on the prope^'and questioned the standard practice of operation regarding use of these landscape areas. The City has designated certain areas yet Nolan noted most of these areas had some type of coverage on them, i.c. bo3i. conMruciK)n rnmcruils, etc DeSantis responded that the marina is in a winter storage mode and has the ability to use the property for winter storage. Landscape timbers will be removed when the landscape contractor has tune to complete his work. Smith asked if some of the items could be moved to clean up the property . DeSantis asked where thev should be moved to Nolan added that was the point he was try ing to make Even If the landscaping were complete, w.mld there still be materials left in landscaped areas Is this the standard of operation the Planning Comini.ssion could expect to see in the future. DeSantis did not feel he should be criticized tor not completing the improvements. Part landscaping price was removal of the old umbers and the contractor has not completed portion Schroeder noted there were worthwhile improvemems. The B 2 rone ha^ been an i^ue for tmideration bv the City tor some t.me He has concent oser adding form of storage He did not see renting storage space a.s pan of the uic lake^ storage could tKcur across the street or on some other pan of the propenv furdier from the laker He aiso expressed concern that aeMhelicallt the storage buildings would not be consistent with the existing buildings MINUTES OF THE ORONO PLANNING CO\LMISSION MEETING HELD OCTOBER 18, 1993 [ft2) mi A GARY DESANTIS/SAILORS WORLD - CONT, Lindquist asked to have the 75’ setback area defined and noted his objection to hardcover in the 0-75’ setback area. Peterson also expressed concern over adding more structure to this already developed property He suggested looking at parking spaces 35. 36. 37 and 38 if the structures were to be placed on the property. He felt the DNR was implying that the structure may be '’.cceptable if placed over existing hardcover. Nolan stated that these structures tend to "look bad" after a period of time even though they are galvanized. He asked if DeSantis would consider any other type of struemre. DeSantis said thev would but explained that one of the strong poin:s of these strucnires was the longevity of weathering. He felt that mamtainmg the building would not be a problem since it would be similar to some boat maintenance. Berg asked if the structures would be leased. DeSantis confirmed that they could be with an option to buy He stated dock boxes do not provide sufficient volume for storage. Schroeder stated he would be inclined to find some tspe of storage for the personal lawn mower, etc. close to the existing building He would be opposed to any type of "mini-storage ” as there are off-site options for this. Smith suggested DeSantis consider enlarging the existing outside sued (which has the same outside siding) and using some inside cabinetry for life preservers, etc Although this may not be ideal to the applicant, it may be a workable compromise DeSantis stated it would depend on what could be a tached. There is a need to store pumps. Currently the shed houses only electrical equipment He questioned if he would gam enough storage by enlarging the shed but thought it would worth a try It was moved by Peterson, seconded by Lindquist, to deny Application #1874 for the requested hardcover and lakeshore setback variances for two storage strucnires The proposed location IS unacceptable and there coes not seem to be enough ot a hardship DeSantis asked it tlie structures were moved to the perking spaces out ot the 0-75 setback area and only one structure used, would the objection be removed Schroeder noted the 0 '5’ setback issuea would be acdressed but the nature of the building and hardcover are still issues MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 18, 1993 (.^3) #1874 GARY DESANTIS/SAILORS WORLD - CONT. Nolan felt that if something long and narrow could be done along the building it would solve the issue of aesthetics, no structural hardcover would be add;d to the site and it would provide some storage, probably not all. but would be an improvement. Gaffron stated that if the application were denied and sent to (rouncil. Council could send it back to Planning Commission for further consideration. Tabling the application would bring it back to Planning Commission without any Council input. DeSantis would prefer to have the application tabled. Schroeder noted the feeling of the Planning Commission was to have a limited structure that was compatible with the existing building, used principally fo ’ personal use and not rented out. Lindquist added that further seasonal storage needs should )e considered for off-site locations. Peterson and Lindquist withdrew their motion. It was moved by Lindquist, seconded by Peterson, to table Application #1874 for a request for hardcover and lakeshore setback vanances to place two 8 ’ x 8 ’ x 20’ storage modules on marina property Ayes 6. nays 0 (#4) #1878 CHARLES AND SHIRLEY PYLE 3548 IVY PLACE - VARIANCES - PUBLIC HEARINC; 8:30 P..M. - 8:40 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Charles Pyle was present. Gaffron reviewed the request explaining the current request is slightly different than that approved in 1992. The previous application mcluded an iddition to the side of the house, a covered entry way and replacement of detached garage. There were some hardcover trade-offs in the 0-75 ’ and 250-500’ setback areas. In the new applicaiion. no changes are proposed to the dnveway or garage. The addition to the house is still propv sed with some hardcover removals. Pyle explained that the initial bid was much higher than the 'mal bid so they had to look at some other alternatives, Schroeder asked if there were any way to reduce the driveway Nolan asked if there were a wav to reduce the breezeway S TO: FROM: DATE: Planning Commission Memb-‘rs Ron Moorse, City Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator October 14. 1993 SUBJECT: #1874 Gary DeSantis/Sailors World. 1955 Shoreline Drive - Variance Public Hearing Application Request for hardcover and lakeshore setback variances to place two 8’x8’20’ storage modules on marina property. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Owners Acknowledgment P'orm E - Survey/Site Plans F - Hardcover Review G - Existing Building Layout It - Module Uxation Options 1 - Module Descriptive Literature J - Resolution #2891 K - 10/14/93 DNR Utter Zoning District - B 2 Pertinent Code Sections Section 10.41 Subdivision 10 (A) - Requires 75’ building setback from shoreline. Subdivision 10 (D) Allows no structures or hardcover within 75’ of the shoreline Subdivision 9(B) Requires maintenance of a 10’ side yard and 30 front yard along the street Subdivisu>n 6 Requires that yard areas be landscaped and planted with trees and shrubs c /r-'9 Zoning File #1874 October 14, 19^3 Page 2 Discussion This marina was subject to a commercial site plan review in 1990 which resulted in the adoption of Resolution #2891 granting a number of variances for remodeling the entire site The approved site plan, attached as Exhibit h. provides for 42 parking spaces. .i club house building, decks, walkways, and clearly defined landscape areas. Note that the current owners had sold the property on a contract in the 1980s to Gerald Toberman. Toberman went through the application prcKess and got approval for the site remodeling, then reneged on the propeny Mr. DeSantis and Sailors World got the property back and pnx:eeded to carry- out the improvements which Toberman had had approved A significant percentage of the approved site plan has been cttmpleted. i.e. the club house has been built, many of the walkways are in place, the grassed area between the club house and the lake is in place, and the gravel base for the parking lot is ready to be paved. Four-fifths of the area of the site is within 75’ of the shoreline. In this 0-75’ zone. 63.4% hardcover was allowed, which was a reduction of 10% over the pre-existing hardcover. 75-250’ hardcover was approved at 84% The property owners have found that the club house building does not provide adequate storage space for equipment needed to operate the marina The applicant indicates that storage space for slip customer property is needed, as well as storage space for merchandise to be sold in the ship’s store, and the maintenance equipment for the site including winter bubbling equipment, lawn mower, etc It can certainly be argued that storage issues should have been dealt with by applicants before they commenced the site renovation Applicant ru'tes that when they got the property back, they proceeded w ith the approved plan rather than requesting further revisions at that time, not wishing to risk i 2 3 month delay and possible expiration of the 1990 approval. Issues for Discussion Is there any reasonable way to create the needed storage space wuhiii the contines of the existing building ’ If not. are twa> storage mtxJules needed, or would |ust one sutfice’ Does a hardship exist to justify variances for any storage building on this site’ If It IS reas(';;.i'i>le to allow one or two storage modules ti> be placed on the site, what l(Kationis) w»)uld be most appropriate* I j Zoning File #1874 October 14, 1993 Page 3 4 Should storage modules be placed over landscape areas designated on the site plan, thereby reducing hardcover.^ Or should they be placed in designated parking spaces, thereby reducing the already limited parking (a variance has already been granted to allow 42 spaces instead of the required 48) ’ 5 If parking spaces are reduced, how will applicant deal with overllow parking? 6. Is the need for storage seasonal, and would it be feasible to have the storage modules removed from the site during some seasoms;' 7. How will the storage mtxiules be screened from public view. i.e. from the lake and from the road? Will they be in character with the club house building? 8. In general terms, how does the Planning Commission Itel about an increase of structural hardcover in the 0-75' zone on this limited site? 9. The DNR has been notified of this application (required by the Shoreland Regulations) and has recommended denial ot any kKation in the 0-75 zone, but would not object to them over existing hardcover in the 75-250 ’ zone Staff Recommendation Planning Commission is requested to determine if a suitable hardship exists and recommend whether storage modules should be allowed to be placed on the property; if so. where should they be located; how they should be screened; if parking spaces are eliminated, how parking will be dealt with, whether hardcover tradeoffs are needed or advisable, and address other pertinent issues CITY OP ORONO “ VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance Renewal Variance Fee $100.00 'no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) C-) ■ 7 4" PROPERTY INFORMATION Site Address /.» */ Property Identif. Number (P.I.D.)_ _ _ _ _ _ _ _ _ _ _ _ _ _ Attach legal description to application if not included on requir^. survey. . ^ Date Property Acquired vA/l i^CVa ''•-^(month/year) I (do)(do not) also own the adjacent parcels of land. 1 DESCRIPTION OP REQUEST Describe request in detail: Estimated Construction Cost $ VARIANCES REQUIRED _ _ Lot Area X Setback; Lot Width Z' Hardcover Lot Coverage Front Other (specify) Side . ) Pear ^ Average Lakeshore \ ^ ‘ /7 HARDSHIP/DRSCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property opndi t ionS| prevent inq compliance with "on^na Code ^ec^uirements :- - - - - S. V ^ -f-y? ^ ^ i ^ 0 cVc-iA-\ 't vTcV'— ,.y f y (C Att r - Completed Application Form (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 conplete* iV 2. J Certified Property Owners List of owners within 150' (you must obtain this list from Flennepin County Department of Finance A-603 Govt Center /348-3271). 3. V /Plat Map (obtained with property owners list). 4. y Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8J5"xll" for reproduction), 5. _Topographic survey (existing and proposed elevations) if any changes An existing grade are proposed (provide one copy 8%"xll"). 6. yjS)cetches or plans of floor S elevation views (provide 1 copy 8ij"xll"). 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 requested by the Zoning Administra time not covered by oiirinal p< yment) and/or consultant expenses incurred in review of thMi appli/: jtion, artd certifies that the informationu ^ lie pei t ol[ JjirST'her Icnowledge. provide all information required or a^r,|'agrees to pay additional fees (staff -ee p< ym supplied is true and corrett to Applicant's Signatur Date OWNERS SIGNATURE The owner hereby ackow/1 edgesKand agyees to this application and further authorizes reasonabj^b ^entry cmto the/proparty by City staff, consultants, agents. Commission |(iembers, ^d Council mepbers for purposes of investiga tion and verif icati/ojv of this rec^uesK. __— (~ ^ C ^ Ly W CI kil'f )Owner's Signatur ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 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 nont^. Applicants must be present at all scheduled review meetings of the Planning Ccanmlsslon 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 tc the meeting. .*• ^ • ». 1A^ ’ .A ^ y MS'S. n"'_± ^ t -----------> T r—----------- (* •w» y .• % i • » V « ^ - '4 « .* .. ..Vi»;. 'A 4^4*4 ^ MM OATt OA/0 /«S MTCN 002m» AOOR Olt«R mi« TAXOAYtO HUm/UMH SO 10*117-2S A2 OOOS 019S0 SHOOELINf OR n C STXERHA A P A STIERNA ROOIRT C • PATRICIA STIERNA mo SHORELINE OR NAYZATA HN 55SP1 HErt«PlN COUNTY PROPERTY INrORMATION SYSTEM PROPERTY CPMERS LIST58 10-U7-25 A2 0007019A0 SHORELINE OR A R NETTLES I A T NETTLES ALAN NETTLES • AEME NETTLES mo SHORELINE DR NAYZATA MN 55591 REPORT NO. PI455A01 PAGE 758 10-117-Z5 42 001201950 S>«ORELINE OR C A N L CASTELLON CAHILO A MARIA L CASTELLON 1950 SHORELINE DR NAYZATA EM 55591 $ > PROP AOOR OWCR NAHi JANPAYfR NAMI/AOOR SO 10-117-25 42 0014 01955 SHORELINE OR SAILORS NORLO HTKA HARINA A YACHT CLUB INC 1955 SHORELINE OR NAYZATA HN 55591 58 10-117-25 42 0015 00058 ADDRESS UNASSIGNEO J V SPATES ETAL MTKA MARINA A YACHT CLUB INC 1955 SHORELINE OR NAYZATA EM 55591 58 10-117-25 42 0021 01980 SPATES AVE 0 CREAR A M 8 'REAR DANIEL CREAR 1980 SPATES AVE NAYZATA EM 55591 ) I PROP AOOR <MCR NAME TAXPAYER NANE/AOOR 58 10-117-25 42 0022 01940 SHORELINE DR SMITH'S BAY EIARINA INC SMITH'S BAY MARINA lEC 11706 EUYZATA 8LV0 NIEtCTOEMA EM 55545 TOTAL BATCH 002 00007 G 1 CERTIEY THAT THE FACTS REPRE5EEETE0 ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS U APPEARS THIS DATE ON THE RECORDS OF THE HEEtiEPIN COLMTY DEPARTMENT OF PROPERTY TAXATION. TO THE BEST OF HY KNOEB.EDGE AND BELIEF. oate'^'^/|‘N^ . I (we) Adjacent Property Owners' Acknowledge^nent Porrn 4 L. Me TTL f s of /4■%, [print name(s) 1 SL..T'. I IV-. [print address) . 1 4.ho nlans ♦or the proposed improvement or proposed use of thehave reviewed the plans .or tn p p h referred to as Land Use property located at , —--------------------------- Application No. _____• I (we) understand that in executing this aOcnowledgement. I ^ (are, ^n<!rished to dec i a re appr.^i ^“teTt^ uferiwrre^:: t^: irp:overen't°'’pla:s and that tL proposed neighbor-s project or usr requires Council approval.# ^ . ' ' ^ - Propert^^^ne / Date / Property Owner I (we) Date (print name(s)](print address] Application No. __ _• 1 (we) understand that in executing this (ate) not as)ced to declare-approval or j (ye) am (are) aware o( ti;: rm;:;/verenrpVaTs^°;d^^Vt"tL^roposed neighbor's project or us. rec]uir68 Council approval. Property Owner Date Property Owner Dat If you have any information that may assist t)>e Building this Land (IS. Application, please submit your "T"""'* zltng Office at least 10 day. prior to the^hed^ meting date. #J c? ■ - A Adjacent Property Owners' Acknowledgement Form I (we) [print name(s) )(print address) .... ... pi...p™-'" property located at -- - - - --- - - - - -- Application No. -- - -.• ^ *. ^ ♦-hA^ in executing this acknowledgement, I (we) air I (we) approval or disapproval of the property or use (are) not asked to dec PP council that I (we) am (are) aware of thri:rtolerenrp\^Ts^°nd^^h%^^rhe=°proposea neighbor's project or use requires Cou^i^approvai* :4 Date S Date Property Owner I (we) (print name(s)](print address) have reviewed the plans for the proposed ”ref erred^ to as Land Usf property located at —-- - - - ------ Application No. -- -• J a-u,*. ir, «»jfecutinq this acknowledgement, I (we) ^ I (we) understand that in disaoDroval of the property or use (are) not asked to Council that I (we) am (are) aware ol but merely to confirm ^ proposed neighbor's project or us*the improvement plans and that the propos ^ requires Council approval. ^ ^ 1#1874 Property Owner Date Date Property Owner ' i. a-K- r'-ti-v in the review o If you have any information vour comments to the Building L^\‘sg^*of^fic‘: s\-i“ri‘ird.%^v-rrVh;rch.ruT.d -..hisg dsi.. . * * • • V /< ' ‘ “i vv.'..:. .'v/,' h '^!tr\fd,_Q /)/L |.T7 .'I'J'i'AVW "Ifelws engineering co. fhonr (^i;| 541 Q5Q5 Aw/ /HEVh gjJ_RVEY ron» ^**:v • • ••»m • *r,*s ^ 4 > *’ • * I « *m % ■• * t ,'t SMITH'S BAY MARINA fi<an.£i ONE INCH EQUALS 20 FEET .. . &y&XEXEJii October li, 1968 4' • ;• PSAEltCi llovember 1, isae. J.nu,.a 11, I1M. ir MAP! Jnnuarij 20,1969. ^ *' . I? . 3.V • i A •‘R CMmmcai. An-bullt survey of docks at Smith's n-iv m...-Mann,-., orono, lUnnosoU. -iAWHClitaj. V6 thoN. only tho«* niiipmrr.t!« .hich p,*. rltp„t mfo . , ............... '""•’OM in ,ho- -.11 o'^ZT.v'’ ........................... wand A j lhfnrt.„nlM found ''.nl-r ioMS ,cl. If V l/fniorj 10. CJSRUr.IQATIOitl I rnrtify ,hM ,h„ ,„yvrv p.rn.wrd i,v ........ •.... ................................... "..., „. F.A.luC.. C.. iarkoi, U.L.n. No lo'sv.------------------------ G)k’f isotwl X A' ! VV 1 \il^$ l|iri 7%s9r • 011 v#ir# i I M»at I 9>upn} OOP -{I 11 f'-y Vm.. [9 -A • *• fc ^ *- ^ — ^4tPi $\ C9\*) lf>r^ fwiariy r r?i . . yf — -r’ iSQ%9|V'r- N \V ^ Vc • •«* • ».»0>»,lt p ••• ^u?itjf4eJ j0 ;y#/ j?ft.jj ^»||07f(/ /uf j9 f%§2 f^O ** mm »#r* r4 r •n Vt m eA; ■ I h>.r9 ti‘{mm ms ii KfV f ^ I : K i m'. :V'v;*7:t >\y VJ ’’- I, ^—gounty -7 ^ *—■ M r» 4# A» #/ J^OAD #1874 ilPi No—15 r » <rifM*| > \ 400 4m4 t0f*nt$t %trntt —1 .-si- I I 11 4 i I Vv . *4 ^ ;<>■' ' i' {' I ! MkO^O%0» 00^ iu 000^0000 ^ L0"90t0H» ••3 r n : 'r 1 ft r.‘w;vi*'. m:i • 1 »i 7«>v I* —COUNTS 7 R oad 148^4 t ''*• »i rr*« ^ mm ^------------------------------ ■ «r •« L — •;ro ■ «r •« ••'( t%t M '^tlr i;Bife ’ W*.'; »: ’I:-'•!K' rf •kit* •Mr# ;r:U \ \ 4 t li I7.9 -rz -- -i. u r-. %V\\ ^\ * v% » '*1. \7. '•-i,J ■ I (1 1 ! \ \ !1 J mi\ fet ; = »: i -m m v4**^ • ^\i i__kl_iiLMiiL_ 00 Stfv^ Stitt 0. Sidewalk It .. «JX> u’Aiku/iys y / fu;b N*f^^ OP ^o* IA.M< Er^ATIo/ ■7<3 S.F. S.F. AIX^^ ^ t zg S.P ^s.f(3 ^ ^Q S.F^^ > Er^’ATIO/ "T /* ^ roAt ^ooj> cSXy a.!2g-. -(V3S~^s...' -5^ U>o»D U4i^ 5y li/4.LL^ F. Landscape AREAS UNDERLAIN BY PLASTIC SHEETING G. Other _ X S.F. S.F. S.F, _ S.F. Total Hardcover in Zone Total Property Area in Zone 2£Zi_-r mllU'i!. •______________S.F.A/P'^^ _^£^£Z_s... H] X 100 - % \ N I 35 I » u,n■ ol Mfv I I 14 ' 'Is iu » cy ^ i fei i^t\ I f f ■ ■) T IJ’ ^trMVP ‘‘•vt. IW14,. ^ fWMTT^ > '9 #U»*./ ^ €C'7'^V' ••• <r rt*j 'u»*» m CTfBO!W-fV - • ;>:r>:^’*'r- V^v N ,v K Mi^CRk>T0»4 ------r — t ' w/ -VI ' ^ 4 - 1>.M^T • »**»^<* ’^/ € l»V« - • T«fC'*c*^V-lTI i/T- "t *’V M40 ^f« C l»V« -rk- /V* 't* PXA'Tt-C.'^ tf* «fp w »«#A« • Tc^ %l>0 :y etiv ?%4 o i 1 I ^7 r • 1• 1 1 . - "I —T" 1 "-7 ^4^ L LMt rf ►^T'ir M#<i. “C ‘9 .xUH ..■V _. i -—---------•^-- - ■ y'^i----- beck ( '^ Vj A^/>^ Cr^ ^ 5V«£ ;:t’" OC^%^ • It Wi»4VH ^ <: ../•■i-t ctv^.) p y^blRTUHOKftUHaKriOH / F1f6T. 7? lpAtk“''^M #1874i It TRACHTE MICRO STORAGE BUILDING MODULE I MODULE II MODULE III MODULE IV • 1 If ■ • It ■ • 1i 1 • ■ 4% m 4% 10 a 1 1 1 " i ' irt1 i «... i ■ . a a 1 ' a a * • ^ i . Sa« The Trachte Micro Storage Building is an 8' x 20* single slope building with the low side eave being 8*4**. EACH TRACHTE BUILDING SYSTEM INCLUDES THE FOLLOWING: Design Loads: Roof live load - 30 PSF; wind Load - 20 PSF; all interior structural steel shall consist of 16, 18, and 20 gauge zinc coated in accordance with ASTM A-525 26 gauge R-type roof panel system - 6” overhang - galvaluae finish 1/4:12 pitch 26 gauge rake and eave trim, choice of seven colors IM gauge header and jamb system for 3*8" x 7*0" and 8*8" x 7*0" clear openings. Slate Gray or Cream Beige (header and jamb material is A-525 hot-dipped galvanized steel with a baked-on siliconized polyester paint system) 28 gauge Trachte-Rib interior partition panels zinc coated in accordance with ASTM A-525 16 gauge 4" floor joists and track zinc coated in accordance with ASTM A-525 1/2" plywood flooring (6) leveling feet with 6" maximum adjustment 18 gauge threshold at each door opening all fasteners and caulking required for the erection of the building all steel roll-up doors where required, choice of seven colors •• All unltt are ehipped KD and awet be aeeeabled on eite 14 Tndte's Miiio>Sloiage BuUng The Next Generation wStor^ I • Solutions Irachfe's Micro-Sror.ige Building is the practical solution for retailers, at>artmenf ownc»rs, mobile home park managers, park and riH. rcMtion dirc*ctors. business f>ro|)rietors and self'storage owners f up valu able floor spac e by storing exc ess inventorv, seasonal mf»rc harKiise. sufiplies. re< reational i*f|ui|>menf. bicyc l« . practK ally anything, convenient, safe and c ost-effcH tive storage Tftic hic* s \1ii ro Storagf* Building is mtivable. whic h mav allow if to Im* plai txl on s4*tfiac ks iMM*mf*nts .ind «>fh«»r unus4>d areas ld«*al for vac ant prof»»rtv When vou'ri* r«Mdv to ck*velof} move thf* building .iwav The Mic ro-Storage Building is a c ompk»te small Ixiilding kage Standard size is 8' x JO' Buildings iTKTii* c ompkte with partitions, flooring and rollup cioors Many flocK pl.ins are av.iilabfe to suit vouf nerxls f vK .Hklition«il information .ilxujf the nr»xt g€HH*ration of saKage solutions. 1 ail <800) J!Mb-!l824 or <MM) m fA\ <MM) 8174liS I Ira- f^te Building Svs N mtys Iih \ I 4 V\ •ItHirn KikmI Siin Prainr* y\| S i'eM) #1 74 #-<i !». *^M %«HN^ a <••• / ■ • /- r» * ( M Add By DIvisidh ■*i. /• »••,' • • -V ii. t - . . . , , ,» W« -x ,* 4<#' * . V . ' •* .>V ', *'■"' * The TBS Create-A-Spaco is d > free-standing partition • ; system for converting existing » ^ • •• S ► t # • ' space into self storage‘ r: - >! centers. Conversions are ^ ■ ^ "' today's creative answer for adding new revenue and, profits from under-used ' ' properties. And TBS makes it easy with the Create-A- Space Partition System. Greater Than the Sum of Its Parts The Create A-Space Partition System is a complete package. It contains everything you need for a successful building conversion including doors, partitions, headers, jambs and channels. Best of all, TBS .... .A-. • ♦ . • * ■*-r U • > - - 1 ■ • —— quolljv components assure^-- Multiply tour TOlnteronce. The buHdlngs^e into ’ toW-stofooeunits con inulllply* ^ '^ur proWs monytimes oyeti^®; inslalta(kto.|s quick and (^.- 4 , {^1, ^ ^ ^ •> 'information about . ' Subtract Vbur Problems Create-A-Spoce Partition TBS services eliminate System, potential conversion problems. To assure easy installation, best use of t . space, proper unit mix and maximum revenue: TBS provides complete design " and layout services as part of the Create-A-Space System package. -X s • j t . -i?i •.. « 'v^- V V.- *. -4^-. % •.» » 4 Trachte Building Systems 800 356-5824 (In WI) 800-732-2288 314 Wilburn Rood Sun Proirle. WI 63500 .• *-.w .:t: V Wi % ♦'* * .4 . f y- ■ ---t' M'' If/ a ;’/ '■ •tu'- ^ • ■ ^ V ^ .: it, . „ 'i£iM §■"% m *» ill- 0 V; r City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2891 ___ K RBSOLOnON eRAMTIMG YMMIMMCMS TO MOHICXPAL SOnW CODB SaCTION 10.41» SUBDIVISION 10 (A)» CB)» (O# (Dl» SBCnOH 10.41# SUBDIVISION 9 SBCnON 10.41# SUBDIVISION 5 (A) SBCTXON 10.22# SUBDIVISION 1# AND PBB SBCnON 10.41# SUBDIVISION 2_ SpfBOVBS TO UiBim f Of SITB FLAN FOR SMITB'S BAT NMUNA AND TACBT CLUB# INC.# FILB 41592 NBBBBAS# G«rald Tob«rm*n of Smith** Boy Marino, 4J (horoinoftor -City") ond logolly doocribod os follow*. Exhibit A, ottochod E msMEAS. tho opplicont proposo* tho construction of o rincipol •tructur# ond major rostorotion of tho marina has'^op^iod to tho City for variancos to Municipl fJJfiiS 10 22 Subdivision 1 to pormit foncing 43* from tho lakoshoro instoad i,ction 10.41. »»Mivi.lon 5 to p.r-it «*vW4nff a^Alls for 42 vohiclo* instoad of tho roquirod 4a scaxxa; loetion 10.41, Subdivision 9 to pormit 10* *Yi**,^ lift* inatoad of tho roouirod 30*; Soction 10.41, Subdivision 10 ( i ra^cUn/V"/.ViV.nV^T:rn.v.t. *0.41, OubdlTiaion 10 <0) to p.r.it 1S,0«2 «qu.r. f..t or 03.4% of SiSiT" • ‘ of u Vb.** n^id llrlTo%^:r *.\10.41, Subdivision 2 sooks approval of a commorc ito plan ror wt. oomploto rostoration of tho marina proporty. Minnosota t ■ON, TIBMPORB. B» It BBSOIVBB by th. City Council of Orono. Pago 1 of 4 « •• • • r- 1. m City of ORONO RESOLUTION OF THE CITY COUNCIL NO.2891 1. This application waa raviawad at Sonias Fila #1592 2, Tha proparty it locatad in tha B-2 Lakathora Butinaat Sonins Dittriet. 3. Tb. Otono C«»“lVV’".i\VVrrif f folloains findinsat a) Tha lot ia not daap or larsa anoosh to allow atructuraa to Boat raquirad aatbacka allowad. e) Tha proparty haa baan uaad aa laVs^***^ar 40 yaara a«^ waa racantly raaonad to B 2 in 1975. ahoralina . M\ ...... «i»a and parkins araaa hawa UprottTl'th tMVropo.ii -i"?!- ' ‘■ora afficiant uaa o£ tha aawaraly liBitad land araa. 4. Tbo City Council ho. con.ldorod finding, .nd r.eo-.nd.tio.. ^*=3::":?**::; raporta by City ata££# co . K^*ith aaSatv and walfara o£ tha of tha propoaad varianca on tha haalthp aasary ano w**««*w eomnity. Pasa 2 of € r /' T 1 1 1 >M()NO j City of ORQNO RESOLUTION OF THE CITY COUNCIL NO. 2891 _________ would not advornoly affact traffic conditions# light# air nor poaa a fira hazard or othar dangar to naighboring proparty; would not maraly aarva as a convanianca to tha applicant# but la nacaaaary to allaviata a damonatrabla hardahip or difficulty; la nacaaaary to praaarva a aubatantial proparty applicant; and would ba in kaaping with tha apirit and intant or tha Zoning Code and Comprahanaiva Plan of tha City. COITCLUSIOMS# ORDER AMD COMDZTIOES Baaad upon one or mora of tha findinga notad abova# tha condiciona : 1. Owner to execute a Daveloyer ’s Agreamant and poat a Latter of Credit with tha City to ensure tha following improvemanta are inatallad: A) City engineer to approve drainaga/aurfaca water t;raatinant plan par final plana by Sathra Bargguiat. B) Paving of parking area# lighting# aignaga# and inatallation of grasaad area par plana by E.O.S. Corporation of Excelsior# Minnesota dated January 10# 1989. 2. Tha executed Developer's Agreamant and Latter of Credit (amount to ba 150% of tha cost of required ^ submitted to tha City prior to application for a building for new principal structures. Tha City Engineer total improvement costs prior to submittal of Latter of Cra it. 3. Erosion control shall be employed at all times on tha site during tha time of construction of tha principal structures. 4. Demolition permits are required for removed. Such permits must be obtained by applicant a permit is issued for new construction. A Certificate or occupancy will not ba issued for the new structure until all buildings designated for removal have been razed. Applicant may Page 3 of 6 City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2891_________ continu* to uso oxisting structure up to the time the Certificate of Occupancy is to be issued. 5. Owner/applicant is hereby advised that at the time an application for building permit is submitted to the City# the Orono staff shall evaluate the proposed improvement and uses or the property par standards adopted by the Metropolitan Waste Control Commission in the determination of the Service Availability Charges to be collected with the issuance of a building permit for the new construction. 6. 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 (October 22, 1991). 7. 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. 8. The undersigned applicant has read, understood ,***^®^y agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 City of OR.ONO RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ Adopted by the Orono City Council on this 22nd day of October» 1990. Property Owner(s) STATE OP MINNESOTA ) ) 88. COUNTY OF HENNEPIN ) The fore9oin9 instrument was acknowledged before me on Page 5 II iitiiii ^iei Th r i • r City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2891_________ STATE OF MINNESOTA ) COOKTY OP HENNEPIN } 8S. On <3*y b«for* »• * Hot«ry within to*mI°to bJ «pp«.r.d ^-rm^rf f^7g^r^<»n, for.^oing•ppaarad Crfr^ti F the foregoing In\%rr.:nT ‘:id\Vh'/otretge^^^ - (theV, executed the aa-e a. hi* (th«ir) fr«« act and d«ed. my commission expires STATE OP MINNESOTA ) )*S. COUNTY OP HENNEPIN ) M , 199 , bafora ma rN^ttry public wi-^n IL tor .aid Countjr^,^ T‘th1- - - - Known — (thair) fraa act and daad. notary public my commission CArx Page 6 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2891_________ EXHIBIT A CoHiMncing at the intereection of the North line of Cent-tal Avenue extended Eeeterly with Easterly right-of-way line of County Road Mo. 7 thence Northeasterly 42 degrees 15 minutes East 120.5 feet point of beginning thence South 57 degrees 45 minutes East 29.04 thence North 37 degrees 50 minutes East 130 feet to the of North line of Grand Avenue extended Easterly thence North 59 degrees 45 minutes West 18 feet thence Southwesterly 42 <>;9f*** minutes West 131.5 feet to beginning including accretions,. ORA PARK ON LARI MINNETONKA", Hennepin County, Minnesota, (hereinafter the property ”) i and i RESOLUTION #2891 STATE OF MINNESOTA ) ) COUNTT OF HENNEPIN ) ) CITY OF ORONO > I Dorothy H. Hallln« City Clerk of the City of Orono. Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution In the Minutes of the proceedings of said City Council at a meeting of said City Council held on _ _ _October 22 _ _ _ _ _ _, 19 90 and that the same Is a true and' correot copy of said resolution was ouly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 24th _ _ _, day of October , 1990 z bthv M. Wallin. C^lty Clerk (SEAL) PMONf NO. STATf DEPARTMENT OF NATURAL RESOURCES O WATERS > 1200 WARNER ROAD, ST. PAUL, MN S9106 772-7#10 PitCNO Ootobmv 14, 1993 Nik* Gaffron City of Orono P.O. Box 66 Cryotol Boy, Ninnooota 69323 RSt ZAND USB APPLZCATZON8, CITY OP ORONO, HENNEPIN COUNTY Doar Nr. Caffrons I hava coBMiita on t following land uao applioationa vhieh art achodalod for publ’' i haaring bafora tha Planning coaBlsaion on Octobar 1%, 1993. *ia7A._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ aavaral varianoao in ordar to plaea two_ _ _ of tha proparty that la ourrantly vagatatad. DNR Matro'Watara racoaaanda that tha city diBE tha varianea raquaata aa thay_ ourrantly pri^aad. Tha aita la alraady non-eonfoming and thapropoaad _ _ _ _ _ _ _ __ _ confomity. ftoraga unita on a portion of tha proparty that ia alraady hardcovar and naata tha lakaahora aatbaoka nay ba aooaptabla aa an altamativa, but not tha currant proposal, wa also guaation whathar hardship axlats. •>Fiahar. 479 oattt%rA a^a. applioant raquaata 9<tar-tha-faet approval of a varianea to allow intansiva vagatation ranoval within 79 faat of taka Ninnatonka. DNR Natro Watara racoananda that tha sanv tha aftar-tha-faet varianea raqoaat and ramira raateratien of tha aita. Balactiva ranoval of vagatation in ordar to obtain a viaw of tha laka froa tha raaidanea would hava baan aceaptabla, but net intanaiva vagatation ranoval. Tha raateratien/landscaping plan should Ineluda larger ealipar traaa to raplcea tha larger dianatar traaa vhieh vara ranovad, and should plaoa particular anphaaia on replanting of vagatation in tha area eleoaat to tha laka (i.a. tha ahera inpaet sene). Policing are sons additional apaoifie points for tha city's eenaidaratien that would apply to all tha variance raqueatas 1.Nardahip nuat be danonatrated to justify approval of a variaiMa request. The approval of a variance due to hardship should be baaed on tha following prarequioiteat A. Tha proposed use la reasonable AN SOUAL 0W»0«TUNITY EWPiOYfn Nika Oaffron Ootobar 14, 1993 Paga 2 B. C. Zt would be unraaaonabla to raquira oonforaanca with tha ordinanoa* Practical diffieultlaa say arlaa dua to **functional and aaathatic eoncama” and acotniig eonaidarationa alona do not oenatituta practical difficulty. Tha difficulty of conforaing to tha ordinanoa ia dua to oirouaatancaa unique to tha proparty, aueh aa peculiar topography. Zf tha problaa ia coaaen to a nuabar of hoaaa in tha area, it ia not conoidarad uniqua. 0. Tha problaa aunt not ba craatad by tha landownar. B. Tha varianoa, if grantad, auat not altar tha aaaantial charactar of tha locality* Tha courta hava aaid that tha applicant haa a "haawy burden of proof** to ahow that all tha praraquiaitaa to tha grantinc of a varianoa ara aatiafiad. niia ia baoauaa a varianoa allova property to ba used in a nannar forbidden by tha ordinance. The Dapartaant ahould ba adviaad of tha action taken on tha two above raquaata within 10 daya of final action and oopiaa of tha offioial record ahould ba forwarded to thia office if tha variance raquaat ia not denied. Plaaaa contact aa at 772-7910 ahould you hava any quaationa regarding thaaa coaaanta. Bincaraly, Ceil Btrauaa Area Hydrologiat ooi Id Pick. Bhoraland Hydrologiat Lake Minnetonka filao 27-132, #26 and 27-133, #23 To; From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator December 2, 1993 #1889 Rodney J. BatzlafT. 1115 Brown Road South - Renewal Variance - Resolution 1 Additional Exhibit K - Letter of November 10, 1993, Abie Christianson, 1105 Brown Road South (neighbor to the north) Brief Review of Application Applicant ’s original variance application expired July 13,1993. The application involves side and street setback variances for detached garage to be located in street yard. A variance would also be required as structure is to be placed in front of the front line of the principal stiucture. Members questioned applicant as to why the structure could not be located to conform with the required 10’ side yard setback. If stiucture was to be located 10’ from the side lot line, this would not endaiigcr mature trees within the street side yard and would also minimize impact on neighbor to immediate south. Members were concerned with the visual impact of the proposed improvement on the residence to the immediate south and asked that landscaping be provided along the south side of the garage. Members were confused by neighbor's letter. Exhibit K, as property does not have a garage. It was concurred that neighbor was confusing the improvement request with properties to both north and south that recently installed detached garages. PlaBiiiBg CooMBiaikNi Rfcnmmfndattnn The Planning Commission recommended unanimous approval of the proposed variance renewal adopting the findings and hardships set forth in the original resolution approval. Exhibit J. Planning Commission approval was subject to the following conditions: 1. Garage to be relocated to meet 10’ side setback. 2. Landscaping to be provided along the south side of the detached garage. 3. Existing accessory struemre within rear yard that is presently encroaching into north property shidl be relocated to meet required 10’ side setback. The enclosed approval resolution has been drafted per the Planning Commissioo ’s approval recommendation. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION M.03, SUBDIVISION 9 (D) AND SECTION 10.28, SUBDIVISION 5 (B) FILE NO. 18^ WHEREAS, Rodney J. BatzlafT (hereinafter "ihe applicant") is the owner of tte property kwrited at 1115 Brown Road south within the City of Orono (hereinafter "the City") 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 10.03. Subdivision 9 (D) to allow a detached garage to be constnicied 42’ in front of the front line of the principal structure, and a variance to Section 10.28. Subdivision 5 (B) that would allow the structure to be placed 23.1* from front street lot line instead .if the required SO’. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesou: FINDINGS 1. 2. This application was reviewed as Zoning File #1819, The property is located in the RR-IB Rural Res dential Singie FamUy Zoning District requirii^ two acres in area. The propi^rty consists of approxlmaiely 14.824.25 s.f. or .34 acres. 3.The Orono Planning Commission reviewed this application on November 15. 1993 and recommended approval of the proposed v.viances based upon the following hardships and unique Andings: The unique shape of the lot prevents structure from being |daced adjacent to principal structure. B InsufTicient width to allow an access drive to rear of property without requiring the removal of the only matuie trees on property. Page 1 of 5 c.The proposed location of the garage in the street yard is consistent with the pattern of development for accessory structures within this neighborhood. The .34 acre parcel is required to be developed under two acre zoning standards. E.The proposed improvement does not exceed the lot coverage allowance for structural improvements proposed at 1,802.4 s.f. or 12.5%. 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 liafnc conditions, light, air nor pose a fire hazard or other danger to neighboring propeity; 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 propeity right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive nan of the City. The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Couk U hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) and Section 10.28, Subdivision S (B). subject to the following conditions: Prior to the footing inspection for the proposed detached garage in street yart, applicant shall relocate accessory shed in rear yard to meet required 10 side setback. Proposed detached garage shall meet the required *0’ .'ide vard set iqiplicani shall provide natural plantings aloi^ south side of structure to impact upon residence to south. ck and Page 2 of 5 Authorities granted by this variance run with the property not with the applic^, but are permissive only and must be exercised by application for a buUdiiig permit within one year of the date of Council approval, or this variance will expire on that date (December 13, 1994). Violation of or n resolution shall c< terminate any auth hcompliance with any of the terms and conditions of this istitute a violation of the zoning code, shall mitomatically ity granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understands and hereby agrees to the terms of resohitioo 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 *he City of Orono, Minnesou at a regular re held on the 13th day of December, 1993. ATTEST; - - 11»« Dorothy M. Hallin, City Clerk Edward J. Callanan, Jr., Mayor Property Owner (s) S rATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ^ a * The foregoing instrument was acknowledged before me on this 13th day of December, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesou municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 5 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) this day of , 199 before me a Notary Public within and for said couidy. personally appeared ________________________________________^ known to me to be the person(s) described in and who executed the foregoing instrurnem.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within and for said county, personally appeared -------------------------------------------;—;— known to me to be the person(s) described in and who executed the foregoing ustni acknowledged he (they) executed the same as his (their) free act and deed. Ml *.and NOTARY PUBUC Page 4 of 5 EXHIBIT A All that part of Government Lot 6, Section tO. Township 117. Range 23. de scribed as follows: Beginning at a point on the East line of said Lot 6 distant 725.02 feet South of the Northeast corner thereof; thence West at right angles to said East i'nc. a distance of 250.72 feet, more or less, to an intersection with a line drawn parallel with and distant 216.69 feet Northeasterly from the center lino of County Road No. 07; thence Southeast erly along said parallel line a distonce of 47.95 feet; thence deflecting left an angle of 39 degrees and 45 minutes a distance of 234.2 feet, more or !ess« to the center line of County Road No. 146; thence Northerly along last said center line to the point of beginning. Hennepin County. Hlnnesote Pege 5 of 5 LkL .L. *. To:Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse. City Administrator From: Date: Subject: Jeanne A. Mabusth. Building & Zoning Administrator November 8, 1993 #1889 Rodney J. Batzlaff, 1115 Drown Road South Renewal Variances • Public Hearing District: RR-ID, Rural Residential. 2 acre minimum pertinent Ordinal Section 10.03. Subdivision 9 (D) - Variance required for placement of accessory structure in from of front one of principal structure. Accessory structure to be located 22* in front of principal strucnire. Section 10.03. Subdivision 15 (F) - Side yard setback for accessory structure Required * 10 ’* Proposed *■ 8’ Variance « 2’ or 20% • 10 ’ setback is allowed for structures less than 750 s.f. in area. Total area of accessory structure is proposed at 440 s.f. Section 10.28. Subdivision 5 (B) - Front street setback. Required » 50’ Proposed » 23.1 ’ (to edge of 33’ of right-of-way) 43' (from traveled road) Variance * 27.9’ or 55.8% Section 10.03. Subdivision 14 (C) - Review of lot coverage Total lot area • 14.824.25 s.f. Allowed * 2.223.6 s.f. or 15% ProDosed - 1.802.4 s.f. or 12.15% Hardcover review not required as property is of Lake Minnetonka or French Lake. located within 1.000' of the shoreline 1 Zoning File #1889 November 8, 1993 Page 2 List of Exhibits A - A-1- B • C - D • E - F - G - H • I - J - L- « a 1 11'. Current Application 1992 Application Property Owners List Plat Map Survey Floor Plan Spec Sheet Section Council Minutes 7/13/92 Planning Commission Minutes 6/15/92 Resolution No. 3138 of Request Applicant has filed a renewal variance application for setback variances approved by Council on July 13, 1992. Variance approval expired in July of 1993. Applicant has filed a ‘ ig no chan^ from the original application of 1992. Applicant proposes insullation of a 20* x 22’ detiKhed gara^ (review Exhibit D) within the street yaid of the residential property requiring front and side setback varianret ^ a variance to the section that would require placement of the gar^ in front of the front line of the principal stnicture. The garage will be located 20’ from the 33 ’ defined cou^ rood right- of-way and 43 ’ from the traveled road. Doors fme away from the street with tumaiound provided on site. The proposed structure has been located in an attempt to save two mmure oees within street yard. Lot coverage is maintained at 12%. The City has once again received no negaUve comments from the adjacent neighbors who originally signed off on the Neighbor’s Acknowledgement Form in the 1992 review. The original variance applicatioo conditioned appnwal on the exisU^ storage located in the rear yard being relocated to conform to a 10 ’ side setback. Applicant tad agreed to relocate snucture at the time of the issuance of the building permit for the detached garage. Hardship SUdemem Please review Exhibits A and A-1 The hardships are reviewed as follows: The shape of the lot prevents structure from being placed adjacent to priacqial smiduie nor is there sufficiett area to allow an access drive to rear of property without the renmv^ of mature trees. The garage stall be placed on site so that trees will not be threatentd by construction. The location of the proposed garage is consisiein with setback variances approved Zoning File ^1889 November 8, 1993 ?age 3 for adjacent neighbor for detached garage in street yard of property located at 1135 South Brown Road. Staff Recommendation To recommend approval of the renewal variance application of Rooney J. Batilaff, subject to the rmdings and conditions of the original approval resolution, review Exhibit J. cm OF OROHO - VARIANCE APPLICATION ff f: ff'- i ^ w ;u-^ 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) CITY ff cr<0H0 Fi^AHlE OFFICE i Tr/r-.p, jAA/> A VV/VVV 01 CES CHECK rt 100.^lOoM PROPERTY INFORMATION RECEIPT-imK YOU Site Address ftfauOK/ RDAD ,<^,LrrH H237SS0 cool HOI f A 10/21/ Property Identif. Number (P.I.D.) 2-3 2J-j Attach legal description to application if not included on required survey. Date Property Acquired_ _ _ _ _ _ _ _ _ _ _ _ _(montn/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: _ _residential _ _ _other(specify) Zoning District:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ APPLICANT Name E-V IT Bat^la f f Phono (home) Hi (o , i Address: / ^city: Phone (wor)c) OWNER (if different than applicant)Phone (home) • i Name Phone (work) Address:City:Zip: DESCRIPTION OP REQUEST Estimated Construction Cost $ (dOOO‘^_ Describe request in detail: A\ T>Ae -4 oF M::PMLr hRlVL^ VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage ^Setback! Front XL Side _Other (specify)_ _ _ _ _ _ _ Rear Average Lakeshore BARDSBIP/DBSCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code reouireaents Limitro ifACt. •nuF tp AR.i£f-'T*iTictA cP CsJ THd IXlT— -rn -r^e VARbiho (attach additional sheets if necessary) rbqoired submittals All of the following information must be submitted by the application deadline date in order for your application to be considered complete; 1. *^^ompleted 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. *^g lat 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 8H"xll" for ^ reproduction ). 5. N PTopographic survey (existing and proposed elevations) if any changes ✓ in existing grade are proposed (provide one copy 8Jj"xll’*). Slcetches or plans of floor & elevation views (provide 1 copy 8*i"xll"). _As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 6. 7. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above infonnation 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 inctirred in review of this application, and certifies that the infonnation supplied is true and corxr^Ct to the^e^ of hif/her )cnowledge. Applicant's Signature Date OWHERS SIGNATDRB The owner hereby ac)cowledges 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^-^his requ^t. 2-L0%mer's Signature Applicant must have all su^ittals int^the City offices 25 days before the Ilanning Ccnonission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants siust be present at all scheduled review meetings of the Planning Coeadssioo and Council. If an applicant la unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building t Zoning Office of this change prior to the meeting. # A" V ‘ CITY OP ORONO - VARIANCE APPLICATION Initial Application Fe€? $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) I ^ ^ ^ ^ mm mm mm mm ^ mm mm mm mm mm mm mm w mm PROPERTY INPORMATION Site South #1741 CITY OF CiiC^O L f yj^ \.'t*c i•C'C Trc I * iwi- ? * t » ♦ 'r »; ft *1 »l I a kVk/va. v\.'vv'v» ? ucrk' V a i f vrv-----_ a rv'^.vv LiAJl tx\)l i{) i - r aa r. * » ‘i" / * >* /C' U'w" tete/ ^ *. Property Identif. Number (P.I.D. )iQ-\\l‘73 2M OO^— Attach legal description to application if not included on required sur'^^y. pronecty Acquired _(month/year) l^(^do)(^ noO also own the adjacent parcels of land Present use of prop^ty: X residential t*Zoning District: other(specify) APPLICANT Phone (home) ~~ (n33.i Neune fcr»M6.y T- ^NE> SiJAHON K. 'EfiCrZ.LAF^one (work) fHoO-2--ZaQ Address: 111°: GfalWfJ 'Rb, SoUlH city: VvJ/WZ-ftTA Zip; 3^ OWNER (if different than applicant) Name _ _ _ _ _ _ ___ _ _ _- Phone (home) Phone (wor)c) Address: __ _ _ _ _ _ _ _ _ _ _ __—-— City:Zip: DESCRIPTION OP REQUEST Estimated Construction Cost $ (pCOO • ^Q_ VARIANCES REQUIRED Lot Area Lot Width ___ Hardcover ___Lot Coverage Setback. JC Front Side ___ Rear ----- Average Lakashore Other (specify) BARDSBIP/DBSCRIPTION OP UMDSDAL PROPERTY CONDITIONS Oaecriba endue hardship or pr.cti^l end unusual d«>r».rvc. AtfYip r.H.-k^herl iotioodiialcaAi: tot feytTiaNXxhmuafe. Pact (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; Completed Application Foxnn 1 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 -Vi OOO^ 3. y Plat Map lobtained 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%"xll" for reproduction). 5. N^Topographic survey (existing and proposed elevations) if any changes V in existing grade are proposed (provide one copy 8is"xll"). 6. V SJcetches or plans of floor & elevation views (provide 1 copy 8%"xll**). 7. 8. As an addendum to tiiis application, please attach a separate list of any other persons you wish notified of this application. _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 infomiation has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide ail 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. jQ f)0 OIL — Applicant ’s Sianatur^V>rWi1 r JffiU A Date ‘ ^ OWNERS SIGNATURE ^ ^ The owner hereby ackowledges and 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. Data ^Owner’s SicmatureS)tYirY>rt^^ - , ,- - - - - - -^^ 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 CGBBd.8slon and Council. If an applicant 1s unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building 4 Zoning Office of this change prior to the meeting. ^ c^r', of iLot * bosd^J (/pen TLt^0t * CAntcf^ of' scjc.fiorj /<) - ltl-Z3 .. VPOrpIl^l WtHvs Qnddtsptnt ZK,.(>9ff NC'li trfm cent'cr'hne. no^ \dllloMBf legal description of premises SURVEYED; *'• Section 10, Township 117, Range 23. de- distant TJ-i^n? f«!t C > Point on the East line of said Lot 6r!nhf"i feet South of the Northeast corner thereof; thence West atright angles to said East line, a distance of 258.72 feet more or leL Northeasterirf Jom tho^* 1 i no drawn para I 1 el with and distant 216.69 feet ortneasterly from the center line of County Road No. 87; thence SouthPa<tt Uft ji°2nafo 1 ^istance of 47.95 feet; thence deflectinrlert an angle of 39 degrees arid 45 minutes a distance of 234 2 fppt mnro ?Js ®«Id‘ceJ?L't?‘*\“?^ '^6;'thence Nin^erf; ^^onglast said center line to the point of beginning. ^ thi®iear«“'f? «L‘!l! *'»>'* ‘i’ls section has been subdivided over be ««”n if ?ieM^ establish the boundaries to • ’ iron marker found 0 Iron marker set Bearings shown are based upon an assumed datum.V •CQ.MM DATI 05/15/92BATCH 005l>R(M> AODR OM«ll NAHE TAXPAYER NAHE/AOOR SO 10-117-21 11 01000 BROTM RO JAMES A ABBOTT JAMES A ABBOTT 17SS REGATTA DR FERNANOINA BEACH 0001S Mtr«<EPlN COUf4TY PROPERTY INFORMATION SYSTEM PROPERTY OItJCRS LIST58 10-117-25 25 00050108S BROI04 RO S52055J'MES S BURANEN JR JAMES S BURANEN JR P 0 BOX 121 EXCELSIOR IB4 5S551 REPORT NO. PI515501 PAGE 1530 10-117-25 25 000501105 DROEV4 RO S ABIE J CHRISTE4450N ETAL ABIE J CMRlSrEN50l4 1105 S BROII4 RO HAYZATA MN 55591 c * •' PROP AODR OHNER NAHI TAXPAYER NAIC/ADQR PMIP AODR 0M€R NAME TAWAYER NAMC/AOOR PROP AODR (»MER NAME TAXPAYER NAHE/AOOR IB 10-117-21 25 0005 01115 BROM RO S R A S BATZLAFF ROONEY A SIMRON BATZLAFF 1115 BROHN RO S HAYZATA Itl 55191 IB 10-117-21 25 0008 01150 HILLOH DR S 0 • LIESCH ACM LIESCH DAVID B A CARLA N LIESCH 1150 HILLOH DR 8 HAYZATA »t4 55191 18 10-117-25 25 0055 OHIO HILLOH OR S S A 0 HCHILLIAMS SHIRlEV a DORCAS HCH1LL1AH3 1110 HILLOH OR S CRYSTAL BAY HN 55121 38 10-117-25 25 OOOfc 01155 BROt<N RD S 0 A GLEH APS GLEH DUANE A A PATRICIA S 1155 BROFtl RD S HAYZATA MN 55591 GLEH 58 10-117-25 25 0011 OHIO HILLOH OR S C A SUES5 A J J KEtMA JAMES KEM44A/CANDLE A»4N SUESS 1110 HILLOH DR S HAYZATA MT4 55591 TOTAL BATCH 006 00010 58 10-117-25 25 0007 01155 BROIAI RD S PHYLLIS I SYM0E4IAK PHYLLIS SYM0f4IAK 1155 BROUN RD S CRYSTAL BAY 55525 18 10-117-21 25 0012 01120 HILLOH DR S S A 0 HCHILLIAMS SHIRLEY A DORCAS HCHILLIAHS 1150 HILLOH DR S CRYSTAL BAY t»l 55121 tH 0 A' c \ 1 CERTIFY THAT THE FACTS REPRESENTED AR6 AH ACCURATE AND TRUE _ _ REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE OH THE RECORDS OF THE HE4A4EP1N C0UE41Y DEPARTMENT OF PROPERJY TAXATION, TO P4E BEST OF HY M40HLE0CE ANO BELIEF OAT { i. m IP t n I 3USSELGARA^ c ifyORK ORDER / M ' • •/ ,■* k'lI ^ I .1^ i • I 1852 COMO AVENUE ST PAUL MN 55108 NAME d A HOME PHONE: Y7^ “W:BUS. PHONE P,rmit by—H^A3<lS*=3t. LeQil DtiCfiption------- .: i_________________ 3*k------------------- Add'n ^ alue. ' "/Of Const JOB Annppss ///P ^ BLDG CODE AREA_i^ U^r rttr:_______________ \N!^a£d^_______SALESM.CONTRACT DATE SIZE ^.^JL A0 X'bv sussel l I 0v Owner Aoprox 1 1n : starting points only SP L_________________ SSP L___ R P L _____ A .ey House^^L^. F Street ____ Other ^-Sl(JD.^^ C Square With « □ Sod Renn 0v C A 0 U □ ■ Grade Po»nt -------------pr—-------^ □ 0locks □0V Owner U0v Sussel □ Wtr proof D0V Own GBv Sus □ 0ackfill G0V Own G0V Sussel □ Maintain 8' Total Wall Height ItKludmq Blocks OP D Maintain 8 ’ Wall Height on Top of Blocks I Block Si/e (Top course! _______--ill r"vWfHeTgh r ot h e71h an*S^. Slab ABU Sod Removal Sar>d Fill I = I - E tist ng garagt L. Detached I' Attached S*/e of ensttng E A'Stmg gai age be C Left at 1% ^ Convff ttd to L S By owner Rerooved By Ownei G Sussal □ Junk Mutt B# R0mo¥0dBY Oww# Stakes arsiWe G Yn ^ S A#ve> ava iabit OY*s tjNo GSpec al lOttructi^iH ffoen I * FOR OFFICE USE ONLY Block! Biki. Oalivtry Waterproof Back Fill Other_______ O.W. S.W. Ftg. R>-bar TOTAL i4 a exo r(uo- iLA^k Tof *cstM 6“^ f^e(nttitr\f>TEu1 Good F*if □ Poof f 'Sm ST^^aax AT FSf‘~. o^m^uot* PUPC'^ASE*! S INITIALS ■ai [aAa>r»e < <» -V.'. GARAGE ESpMATE FORM r is NsnrnL__ ...ill '1^ Ma ^qe i' ■•• I':iH ' i^ .. rw tllni^nslon is y^idth c STV u ) '1 ■ i Sji [;i DATE Sirc'»» □ n X "■• n vjxV?D “Niar-Bllt* Framed by SUSSEL !, , ^ Built by SUSSEL [' Y Detached '» □ Attached >■ '“'■'ll-'Hi I 'i ’! ‘ ^ gable i te Overhang (Oirci** 0 '«-) 18 ’ :'f '•1 . 1 ke Overhang 12*18 f REVERSE GABLE Eavo Overhang (Cifcie Or'e)' 12* 18* 2h ' Hake Overhang i ’ f'lu3h 12* IB* 1 , •\ • iSk? C HIP • ; ‘ Eave Overhang (Circle One) • 12* 18* 24 r / ' • J ,;! • t » 1 * I I • b(^Krg!aM^l <teri< r gr.rle roof sho.ithing l| 1 I •! ■'} it III • ■» .*« m fit ! r. »* f *r • 2 X 6*S f ‘ irmng M.injfaciured Trusses S•All*2x4’s •Aall Height 8 '* t SHEATHING y V2 t.ra. te I • :5.32'Btidiita rj i/2*P1ywood ’ !□ 1/2* Wafer Board □ None fj* ir ’I t,- • r 5 Li IT -f 'ImaiiTi * y .‘‘I' * > } ,( □ Wo-ld Pan ?l > If □ Glass N? Glass •i ('□ Raised Pinel □ Raised RedAood •| □ Flush * □ r !.*' if Textured !|j i! « « l' l 'M ■■ •V' ♦'lil t!.* r* ‘ i :j j'l ’'- v' >-B »'JB ' *'*^'*'> II, ->1 • •' r Steel ! 7 Ribbed •• ?: ii' k-'' ,j* , » r ( Iff? fiit •AO f ves -; t. No C 28 C 3 0 Pil^j’Glaas'"* i □ Wood || hiO/%^ \Jt ee^^i ▼! Winch windlows: ‘ 1.1 1 'm «tBlAB MApfor) 1 Number of !H' 1 4. - y Steel 4*.- kV' t *= f VT p ' ’■ii '■, in t :?[ I By Purchaser §NrtRi5ired l}I: *.»aOrtIJSlI i . I t f " 4 '1 ^ IfcfiJ D ^ I K C ! r h' * i. iuftei ‘ *■ L n A*t'« *1 r Mg * !' ^’1 • ; 3c k* 1 Siissel 6/Purchaser Sq. FI ‘’I • ‘‘n'» 1 • t 1 -r e‘*' • HBIpnT^ / M .EwalMcMfmtr^ InataOihenta Per Montti* MS .■^iWKwfcftal'NH :l'r.; .< t-! );« 4, f 1Lt.‘ <•' T ■ r ‘r t V T Tm la - .I •• 1 - ‘ ! ii i .*7 * Ki I M ■» « r»r; HIP gUSSELGARAQES ROOF: fleVERSE GABLE EAVE OVERHANG; J2^----- RAKE OVERHANG SEAL DOWN SHINGLES WITH PLYWOOD OR WAFERBOARD ROOF SHEATHING AND 15 LB. FELT Rool Sneathing Seal Down Sfimgies 1*1° Bool approved by Minn Slate Builorrrp Dept, as meeting M.nn, State Code Requirements of 30# snow load 21 M.p -oola conaist ol 2 '. «' rattera. 2 '« 8" croaa tiea aS" O C . 2' « 8" hip rafters and no plywood gussets are used. 24" O C RAFTERS Trusses 1^4" OC STUDS 2" X 4" O WALL SHEATHING------ SIDING OVERHEAD DOOR HEADER: DouOle 2 * 12" or 2 - Micro L*ms----- on yade eonsiructton approved per Mmnesoia State Code Re.er to State tu«td«ng Code tetter Numeer 11 slab <• WlTHMESHS aS Trim 1"x4 • SuD Fascia Fascia 3 4' Cove 2" * 4” Studs Siding 1.2 «f Anchor Bon 2 ■ 4 Tr Gtaau H minutes of the regular orono council meeting HELD JULY 13, 1992 ZONING FILE #1739 - CONT. Nelson ‘ed that the survey does not indicate the trees are to remain. He stated that the area in front of the pool Is actually a Minnesota woodlands, rt? said that removal of the designated trees will allow the other tree^. better lighting. He noted they intend to replant bushes on the -lope because It ‘s very steep. Mabusth reported that she and the City Engineer inspected the She stated the Engineer’s report did not specifically address the loss of tre^*s as it would be minimal in light of the adjacent heavy treed area. She felt It was better to install quick vegetation o.i the newly Installed slopes to prevent further erosIon. Jabbour stated that Butler’s concarn was preventative measures to ensure the other trees wouldn’t die. Nelson noted that the trees provide privacy for the pool area and he Is very concerned about maintaii.ing the existing vegetation. It was moved by Jabbour, seconded by Goetten, to adopt S3137 for Application S1739 for Albin Nelson, 500 Oxford Road, approving a conditional use permit to allow filling in excess of 100 cubic yards. Ayes 3, nays 0. (•5) §1741 RODNEY 4 SHARON BATZLAFF, 1116 BROWN ROAD SOUTH - VARIANCE - RESOLUTION #3138 Mr. Batrlaff was present. Moorse explained that this application Involves ® variance to construct a detached garage to be placed in the front setback area and within 23’ of the right-of-way. Mabusth noted that the applicants have the rear yard that encroached the north side of the property line. It was moved by Goetten, seconded by Mayor Peterson, J*^®*** Resolution #3138 for Application #1741 for Rodney and Sharon Battlaff of 1115 Brown Road South, approving variances a detached garage in the front yard setback area. Ayes 3, nays 0. J- MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JUNE 15, 1992 (#6) §1741 RODNEY J. AND SHANON K. BATZLAFF. 1115 BROWN ROAD SOUTH - VARIANCE - PUBLIC HEARING 7:30 - 7:32 P.M. The Affidavit of Pub I I cat ion and Certificate of Mailing were noted. Mr. and Mrs. Batzlaff were present. Mabusth explained that the applicants seek approval of a variance to allow a detached structure to be placed in front of the front line of the principal structure, and a variances to the sldn and street setback standards. Chair Kelley asked about the shed In the rear which Is over the property line. Mabusth stated that the lot does not have a coverage problem. Mr. Batzlaff said that the shed would have to be Jacked up and put on skids to move. Bellows said she did not have a problem with the shed If It were to be moved onto the property. It was moved by Bel lows, seconded by Chair Kelley, to recoTOnend approval of Application §1741 for Rodney and Shanon Batzlaff of 1115 Brown Road South, for a variance to construct a detached subject to shed being relocated within the property boundaries. Ayes 5, nays 0. Chair Kelley stated the shed would need to be moved 12’ Inward to meet required setbacks. (§e) §1742 JAMES AND AMY LAING, 500 0RCr40 ORCHARD ROAD - VARIANCE - PUBLIC HEARING 7:33 - 7:38 P.M. The AffIdavlt of Pubiication and Certifleets of Mailing were noted. James Lalng was present for this application. 9 K m 5958836 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3138 A RBSOLOTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE . SECTION 10.03, SUBDIVISION 9 (D)// SECTION 10.03, SUBDIVISION 15 (P) AND SECTION 10.28, SUBDIVISION 5 (B)y^ PILE #1741 WHEREAS, Rodney J. Batzlaff and Shanon K. Batzlaff (hereinafter "the applicants") are owners of the property located ,at 1115 Brown Road South within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A attached. (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to allow a detached garage to be constructed 42' in front of the front line of the principal structure, a variance to Section 10.03, Subdivision 15 (F) that would allow the detached structure to be placed 0' from the side lot line instead of the required 10' and a variance to Section 10.38, Subdivision 5 (B) to allow the structure to be placed 23.1' from front/street lot line instead of the required 50' . Minnesota: 1. 2. HOW, THBRBPORR. BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #1741. The property is located in the RR-IB Rural Residential Single Family Zoning District requiring 2 acres in area. The property consists of approximately 14,824.25 s.f. or .34 acres. TRANSFER ENTiREO ^ OCPf Of WOMHn TAI1 Puiuc «c AUC II <492 OY " Page 1 of 5 m CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3138 _________ 3, The Orono Planning Commission reviewed this application on June 15r 1992 and recommended approval of the proposed variances based upon the following hardships and findings: a. The shape of the lot prevents structure from being placed adjacent to principal structure. b. Insufficient barrier to allow an access drive to rear of property without requiring the removal of the only mature trees on property. c. The proposed location of the garage in the street yard is consistent with the pattern of development for accessory structures within this neighborhood. d. The .34 acre parcel is required to be developed under 2 acre zoning standards. e. The proposed improvement does not exceed the lot coverage allowance for structural Improvements proposed c 1,802.4 s.f. or 12.15%. 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 T . O. O CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3138_________ 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 9 (D), Section 10.03, Subdivision 15 (F) and Section 10.28, Subdivision 5 (B) subject to the following conditions: 1. Prior to the footing inspection for the proposed detached garage in street yard, applicants shall relocate accessory shed in rear yard to required 10' side setback. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 13, 1993). $ 3. 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. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 m j'i CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3138_ _ _ _ _ _ 1992. Adopted by the Orono City Council on this 13th day of July, ATTI T:• . »« allin, City Clerk Rod ley Pro Dert Barbara A. Peterson, Mayor S)h(xr\ar\' zlaff er (8) K. Bat zlaff Shanon STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of July, 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor fc City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. JAMIE 1. BOSMA NOTAITf »^JeUOMtM€SOW HOtlfflNCOUKTY M»ConwiBsi«12-lMT A NotaTY Public Page 4 of 5 I. • of°% ^EsHO% CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3138 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this ) SS . day of Ju /✓199P^ before me a^Notary Public within and for said county, personally llV’%tt8oMs?^Asfr^ed in 'an^’^yho''Cxecute’d °tL*'°folegoln| instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. notabv ^Mbuc • mSn ^a HENNEPIN COUNTY My cofnmittkjn ©npire* 8-12«« STATE OF MINNESOTA ) ) SS . COUNTY OP HENNEPIN ) on this 0 ^ day of .T^z/i/_ _ _ _ _ _ _^ 199^, before me a Notary Public withTn and for s^id'County, personaHy appeared k\ marr.'ed ------- Known to me to person(s)^d^cribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ►USDK 6 i / riJiSx.[ NOTARy PUSUC • MlNNtSOTA T is/( HENNEPIN COUNTY\ p ' My CPWW<*MIMI t>lMi '^in /(iV Vf (/ HOTARY PUBLIC Page 5 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.3138 EXHIBIT A All that part of Governmont Lot 6, Section 10, Tov/nshlp 117, Range 23, de scribed as follov/s: Ueginning at a point on the East line of said Lot 6 distant 725.02 feet South of the northeast corner thereof; thence West at right angles to said East line, a distance of 250.72 feet, more or less, to an Intersection with a line drawn parallel witli and distant 216.69 feel Northeasterly from the center lino of County Road No. 07; thence SoutheasL- orly along said parallel line a distance of 47.95 feet; thence deflecting left an angle of 39 degrees and 45 minutes a distance of 234.2 feet, more or less, to the center line of County Road Mo. 146; thence Northerly along last said center line to the point of beginning, Hennepin County, Minnesota L , V• ^ RESOLUTION **3138 STATE OF MINNESOTA ) COUNTY OF HENNEPIN CITY OF ORONO ST . P I Dorothy M. Hallin. City Clerk of the City of Orono. Hennepin county. Minnesota, do hereoy certify that ^ foregoing copy of a resolution of the City Council of the City of O^^no with^the original record of such resolution in the Minutes proceedings of said City Council at a meeting of said City Council he on July 13_ _ _ _ _ _ _ _ _. 1922 _ _* ^nd that the same is a true and"l:orrect copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set 15th . day of _ _ July- - - - - - - hand and seal this . 19 Q? • • ' jn N . %• • V• • »• ' »\ • \ * ^ "a*'’: " V ' itki) ..V .y "• (3^AL) # » ; ^.1 * Ct • a.*» • •w • • T VJ II i4 ^>r ^£<,^0 Cjd.M M I SS ( C^h^) -5" _^=_____^ . fc' J^t:^/t.\/^ !H k^ q^lJ/4 0/AJ<$ *C)f~ Mrdtrn-(;fR / s A/pr/=^r9^/ii^ //^R(= / ^ F^AJif- .73b JSdi- AtT^C’^^ J" /?,L^T^ OaIT ;S^jc:v7: ^.i z^t=z / f V -^--^ / To /5(0y/_0). /6J67l4fc/2—' l)fVp\J TTV^ /^/2^-0^‘ L / f-Tt” /^ Ia /oc J^^Q —__/ H &- ^ _______A/f^iC^S.c\'Q.L.-~y7^cp£R-T77r<, . ___1__Z____ . ....... ^ ^/aJ(3.S/^l^'/ /I ^7 i V f 1i ’ '-t -- •-^ jiiiZl. 'i __________i_____________ 1 W^Vz/rT/t yU 55571 1! .... -f ; nuv 1 2 iy5« 5 i1 « !■ TO: FROM: DATE: Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeamie A. Mabusth, Building & Adminisu ’ator December 8, 1993 \ SUBJECT: #1890 Craig Hcrt/enberg, 115 Smith Avenue - Variances - Resolution r, / Review of Application The applicant proposes an approximate 23 x42’ addition to the west side of the existing residence requiring rear and side setback variances. The second floor balcony proposed to the rear of the house shall not be reconstructed. The City need not address a side setback variance for the reconstructed deck. Major portions of the detached garage in the street yard will be removed. The only remaining portion of the structure will be a single stall 13’x24’ garage. The applicant located the on site well. Staff can confirm that the new construction will not impact the well and that a 3’ clearance will be provided from overhang of proposed addition. The existing septic system has the capability of serving a three plus bedroom. The proposed three bedroom use will not impact the existing system. The following variances were approved by the Planning Commission. Setback variances for proposed principal structure addition: Right side yard setback Required = 30' Existing = 37’ Proposed = 18’4" V'ariance = 11’6" or 38.0% Rear Setback Required = 50' Existing = 56' Proposed = 47’4" Variance ” 2’6" or 5 2% Review of h)t coverage Total lot area » 17.363 5 s.f. Allowed - 2.604.6 s.f. or 15% Exi.sting » 1.772.1 s.f. or 10.2% Proposed - 2.314 5 s f. oi 13.3% (includes pnncipal struemre addition and single Mall detached garage) Zoning File ^1890 December 8, 1993 Page 2 Planning Commission Recommendation The Planning Commission unanimously approved the proposed variances as amended by applicant based on the following unique findings or hardships; 1.The house was already located within a substandard side setback arer on the east side finding the west side expansion to be less of an impact. 2. The existing floor plan of home would allow for only expansion to the side. 3. 17,363.5 s.f. lot is subject to 2 acre standards. The enclosed approval resolution has been drafted per the Planning Commission recommendation. ch A Ri-:SOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDfVISION 5 (B) FILE ^^^1890 WHEREAS, Craig Hertzenbcrg (hereinafter "the applicant") is the owner of the property located at 115 Smith Avenue within the City of Orono (hereinafter "City") and legally described as follows; Lot 63, Orono Orchards, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a 23’xJ2‘ addition to the we,st side of the existing residence to be located 18’4" from the side lot line where a 30' setback is required and 47.4" from the rear lot line where 50’ is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: 1. 2. FINDINGS This application was reviewed as Zoning File 4^1890. Tlie property is located in the RR-IB, Rural Single Family Rcsidemial Zoning District requiring 2 acres in area. The property consists of 17,363.5 s.f. or .39 acres. The Orono Planning Commission reviewed this application on November 15, l‘^93, and recommended approval of the proposed variances based upon the following unique findings or hardships; A The .39 acre propcity is subjcci to 2 acre development standards. Page 1 of 4 B. C. D. The existing septic system has a three pius iK'droom capacity aiiJ will easily serve the upgraded three bedroom home. In April of 1978 the City approved a rear setback of 47’ for a proposed 12’x24 ’ rear addition to the existing residence but was never constructed. The only suicable area for expansion of existing residence is to the west or side. m* City Council finds that the conditions existing on this property are peculiar to it and dv) ivit 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 demoastrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The Cits 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. (ONCI-USIONS, ORDKR AM> CONDITIONS Based upon one or more of the above firelings, the Orono City Council bereby grants variaiKcs to .Municipal Zoning Code Section 10.28, Subdivisions 5 (B) to permit construction of a 23 x42 addition to the west side of the existing residence granting a right side setback variance of 1 rb" or 38.6% and a rear setback variance of 2 ’6 ' or 5.2%. subject to the following conditions: I. Applicant shall obtain a demolition iiermit at the time of the application for a building permit for the new addition to make the necessary altci,.lions for removal ol a portion of the actesMiry sirucnire in order to meet lot coverage requirements of the City. Page 2 of 4 2. 3. 4. ATIHST: Authorities granted by this variance run with the property not with the applicant, but are pemiissive only and must be exercised by application tor a building permit within one year of the date of Council approval, or this variance will expire on that date (December 13, 1994). Violation of or nt>n-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically tenninaie any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on Uiis 13lh day of December. 1993. Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayer Property Owncr(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this I3ih day of December. 1993, by Edward J. Callahan. Jr. & Dorothy M. Hallin. Mayor & City Clerk of the City of Oroiu). a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary' Public Page 3 of 4 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199___. before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notar>’ Public STATI- OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199___, before me a Notary Public within and for said County. personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Ihiblic Page 4 of 4 To: From: Orono Planning Commission Members Mayor Callahan and Orono Councilmemhers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator Date:November 10, 1993 Subject: #1890 Craig Ilertzenberg, 115 Smith Avenue - Variances - Public Hearing Zoning District: RR-IB Approximate lot area =» 17,363.5 s.f. Pertinent Ordinances 1. Section 10.28, Subdivision 5 (B). A. Right side yard setback (proposed principal jtructure addition) Required = 30’ Existing = 37’ Proposed = 18’ 4" Variance = 11’ 6" or 38.6% B. l.x:lt side yard setback (second level replacement deck) Required = 30’ Existing = 29’ Proposed = 29’ VariaiKC = 1’ or 3.33% C. Rear setback (proposed principal structure addition) Required = 50’ Existing = 56’ Proposed * 47’4 ” Variance « 2.6 or 5.2% 2. Section 10 03. Subdivision 14 (C) - Review of lot coverage. Total lot area * 17,363.5 s.f. Allowed « 2,604.6 s.f. or 15% Existing = 1.772.1 s.f. or 10.2% Proposed » 2.002.5 s.f or 11.5% Property is not kKaied within a shoreland area and is not subject to hardcover regulations. Zoning File #1890 November 10, 1993 Page 2 List of Exhibits A - Application B - Property Owners List C - Plat Map D - Sur\ey E - Septic Inventor}' Information F-1-2 Council Minutes 4/78 G - First Floor Plan H - Second Floor Plan I - Elevations Review of Application Tlie applicant proposes a two-story addition to the west side of the residence doubling the size of the footprint of the structure. The addition to the west side will require side setback and rear setback variattces. 'Hie second level replacement deck to be installed to the rear of the existing structure will also require a side setback variance. The proposed addition will consist of a two-car garage, new entry/foyer, mudroom, family room and expanded bedroom area on the upper level. The detached garage at 862 s.f. will be removed. Tlie existing residence consists of two bedrooms and the proposed improvement will expand the bedrooms now to three. Steve Weekman has reviewed the improvement project and confirms that the existing septic system will not be encr-^'ached upon and confirms that the system can maintain and treat proposed three-bedroom use level. Review Exhibit E. Note the approximate location of the well. Staff did not kx'ate well in street yard. Applicant should advise if well has been covered over by grade level deck. Well must be relocated prior to construction. Residence structure on west lot is kxated 10’ + from lot line. If addition is placed 18’ + from west lot line, there will be adequate clearance for emergency vehicles. Issues for Consideration 1. W'eckman has confirmed that die proposed improvement will not require additional septic testing to confirm there is an alternate site on the prop**ny. The Smith Avenue neighborhvHKl has been designated as a "hot spot" by the City and is one of the areas to be considered for future sewer service. The septic inventory card suggests that the existing septic system has a three + bedriwm capacity. 2 The City has received no comments from the adjacent neighbors notified of the prop«^sed variances. In April of 1978. the City approved a rear setback of 47 ’ for a proposed 12’ Zoning File #1890 November 10. 1993 Page 3 X 24’ rear addition to the existing residence that was never constructed (review Exhibit F-1-2). Should the width of the addition be reduced to minimize side setback variance? Any recommendation of approval must include the requirement that the well be reheated. The addition cannot be constructed over the welt. A condition of this variance approval must also require the removal of the detached garage. If this garage was to not be removed, total lot coverage would be at 2,864 s.f. or 16.4%. CITY OP ORONO - VARIANCE APPLICATION i a-"-1,'-' ^ J ^ n • *• P •>>4 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 ^miTH rrrv nc nonkiriWill ut %/iSunu cTki^kifC nccjrcI Annnbu Ui I iC'k. A w*w^Vi.VVVW 01 C£S 175.00 CHECK n. 175.00r.-LrcTOT^ruAiit- vr-iiI t nrntiA I uiJ HCS^S yO cool ROl 715: ^r>/r‘i« V/ Site Address Property Identif. Number (P.I.D.)__ _ _ _ _ _ _ _ _ _ _ __ Attach legal description to application if not included on required survey. Date Proger^ Acquired iTiO (month/year) I (do)^?o^ioQ also own the adjacent parcels of land. Present use of property: ^ residential _ _ _other(specify) Zoning District:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ APPLICANT Ncime Phone (home) _____ Phone (wor)c) ^XD*CeCpSI Address:City : QgOhio Zip:_55311 OWNER (if different than applicant)Phone (home) Name Phone (wor)c) Address :City:Zip: DESCRIPTION OP REQUEST Estimated Construction Cost $ Describe request in detail: fSiACJC. 10 AcL/bt>o ACOtTic^J OF ^ Be. Ap^y^ /A - -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- VARIANCES REQUIRED Iff »1 » V .. Lot Area Lot Width ^ Setbac)ct Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DBSCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements AJ£0> '70 mo ?e> 'P t IBHiit ^ /inr^yrMucnoKj __*iHc__HgA^jfc—% Cii4h£?nu.^P.^— THg /JQ CTT^ey^ 10 ------- OrriB^ 7H« 0^^ -------------------------------------------- (attach additional sheets if necessary) REQUIRED SDBMITTAI.S _following information must be submitted L, date_in order for your application to be considered licatioi _,Completed Application Form 2._j^certififd Property Owners List of owners within 150' (you must obtain Hennepin County Department of Finance A-603 Govt Center 3*- -Plat Map (obtained with property owners list). - -Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8J5”xll” for . reproduction). 5.^Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8i3"xll"). plans of floor & elevation views (provide 1 copy 8Jj"xll"). 7._^_As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. ®*_ _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 ingomation has not been included. ~ - - - - - - - - - - - - - - APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required c/7>, requested by the Zoning Administrator, agrees to pay additional fees (staffs' 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 coi^ Applicant's Signature of his/her knowledge. \oDate OWNERS SIGNAi'DRB The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the- property by City staff, consultants, agents. Commission m^bers, and CoAncil members for purposes of investioa- tion and verificati^dfTVf tmsl req/lst. Owner's Signature Date (O 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 oust be present at all scheduled review meetings of the Planning Ccaolsslon 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 i Zoning Office of this change prior to the meeting. O •* % • • . % . m . • 4 • • •,run' OATl 07/XVW .• i'♦ »t ^ •» . * I ^e0'•j HEMNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY Olt4ERS LISTl»ATCN 001PROP AODR . IMCR NAHi TAXPAYER NAHE/AODR %% 58 02-117-25 21 OOOA00060 SMITH AVE r 0 VOIGT ETAL GLADYS VOIGT 60 SMITH AVE HAYZATA MN 55591 V :•( PRffi» AOOR QM€R NAME TAXPAYER NAME/ADOR 56 02-117-25 21 0022 00110 ORONO ORCHARD RD S J L NYPPELS A M J HYFFELS JAMES L A MAUOE J HYFFELS liO ORONO ORCHARD RO S HAYZATA m 55591 « » I ' t « ' i RROR AOOR (MCR NANE TAXPAYER 58 02>117-25 21 0052 00100 ORONO ORCHARD RO S H H KINOHAN A E H KINGHAN NOOOHARO H RINCMAN 100 ORONO orchard RO S NAYZATA HN 55591 ” u- ',*■ .■' ^ .'•* n' 'J -r-',:' t r '•5'4 •■i ■' 0 * 4 '» < •> ■■ . “ . ?• I 4 'A REPORT NO. P1A55A01 PAGE56 02-117-25 21 001600115 SMITH AVE CRAIG HERTZENDERG ETAL CRAIG HERTZENBERG 115 SMITH AVE HAYZATA MN 55591 56 02-117-25 21 001700125 SMITH AVED J I P J HORNERBRADLEY J A PAMELA J HORNER125 SMITH AVE HAYZATA m 55591 i ^ • m • f •P' ¥ ^ i • * ^ A *. • r-t .•'/<' M-V. •* ■ •» ••* fv . • ' OKm'‘I**I - J. •{ ; -v-r>*tf •: ' v;. • » V v>‘>i •. * 58 02-117-25 21 0026 00110 SMITH AVE J A FISK A J K FISK JAMES A t JENNIFER K FISK 110 SMITH AVE HAYZATA MN 55591 58 02-117-25 21 0051 • 00095 SMITH AVE J a 0 AHLBER6 JAMES H 8 DIAFME R AHLBERO 95 SMITH AVE HAYZATA FM 55S91 ' ■ ^ • ’V !* ■"' f •ik ’T . ■ * f * ■ • 'J i< J.<7 ; ■/‘f< ii|- . • • r U«'*' ooi nnooA ^ • .* ^ • v/.‘;v . • 7 58 02-117-25 21 0055 00120 ORONO ORCHARD RO S LOUIS 6 MERCHANT A HIFE LOUIS C MERCHANT 120 ORONO ORCHARD RO S HAYZATA m 55591 TOTAL BATCH 001 00008 • V..,* ' ' ' *= ■•* ’ ^ , J » % I » » • , p- 4 , **•■ > ' ft A* ‘ AJ ,'«9 » n *% %\ •*V| •*., .'r:' I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY OEPARTMENT OF PROPERlfr TAXATION» TO t« REST OF MY KNOHLEDCE AND BELIEF. i -r * •* Z * .i « ^*.V' i 4 I • *f*'- V • • #'>•. /”• 'Wi:".?'!,:.*i J- DAt Uki‘Xyi}-tyi'. # 1 R90 , ♦ r. . k ‘''8^. s • * P , , 1 ♦^11 f ‘ V '*3t' r. r «• *»»^-w 9W ’■ • . • j • •‘/“J .*■*;*•■ ►V . .••• ■:>v-vV-,rv*?: n ' ^ •r» ‘ V h.A >■ f N-i . V - 4. . • ' * (. '■■' ■■ • ■' . " ^ • • . ♦ • 4 *1 ^ •. • • » « - • . - ^*U* « 4 ^ 1 - •■ *‘ ' •' ’><* *3 I'-' V, , '. • • '^ ,*. * i •*: %vs*V'v • -. •*>;} k'^ . 7 V^4 * 7 *' ■ 4 - * •■» • - * r'lX fi~ • •:•* '■■ *.»' V. •'-• * , HT^ %vv-. •, •^4 t- HENNEPIN COUNTY, MINNESOTA \o LEGAL OESCRIPITON OF PREMISIS SURVEYED: Lot 63, ORONO ORCHARDS O: denotes Iron marker V I bearings are based upon an assumed datum. This survey intends to show the boundaries of the above detrr.h«H the location of a proposed addition thereon. It does not Durnnrt to show any other improvements or encroachments. O \ ciTtr or OAOMO Councl lMAb#r■ iutl«r ^9m ^•yor Vsn Noat, AAiini.tr.tor Union 1,1- J City Atto,n.y «.U.,.on. ind ^ty"“^^ionI '^uVnnTt.Tii r^rS;,ocr:i-' MO ccMMnta froa tha Park Com«i,.ion. MO coManta fro. tna PlannUfl Co,«i,,ion. varlanca raquaac of’»in^^ }?? • tfMtod lurch 17, 19 7|?^ahUh'ailMT ^ "nTr!" ; *?: * »■ •«>«»<.-»««r yard aa^cll i! a so* varlanco of 3' would b* *»«caaaar^*foJ ‘^r^roC.i* ;• "—••'y. ■ -o-ia •«wraaa tha ra.amxn, non-confor^ltia.. MUU * - y„um. o»u«u« t.™ 7|00 MINUTES April 17, 1978 PARA CO»v*ia8IOM planmiho comhissiom I-MCO REPORT / ‘^VAJUAWCf S®ith Av#nu# 13*4 Mn Dy« * * ‘-al \a._ V , s*M,i f MWUtAM HIBTIMQ Of T«1 OHOMO COIftiCIt, APRIL 11, Xf7i 2. tjihlbit • • turv#y locating aviating atructuraa and propoaad addition !• Exhibit C - 21at nap indicating i. aita location laMbit 0 - Froparty ownara Hat (nalghboia) Inhibit I - Lattara.froA naighbora with no objactlon (iackatron, llarchant ft Ouay) Inhibit f • Lattar froii applicant onplalnlng propoaal Staff - April 4, lf7l lacoMand approval aubjact to varlflcation of aaptlc ayitaa location and operation prior to building parait iaauanca. Planning Coaaaiaaion - April 10, 1971 Mr* ft lira. Dya wara praaant. Ha agraaa to raneva or ralocata tha aviating kannal. Planning COMftiaaion raconaianda approval aubjact to raaoval of tha kannal and raviaa of tha aaptlo ayataa oparaticn prior to iaauanoa of tha building parmit. Council Haating - April 27, 1979 Sutlar aovad, Fauura aacondad, to approve tha variance raguaat of ian Dya, 115 Saith Ayanua. par tha Flanning CoMiiaaion Mating of April 10, 1971, and to adhere to tha navly a^ptad on*aita diapoaal ragulationa. Itotion, Ayaa (4) - Maya (0). Faya 2 VAIIAMCS 115 Saith Avenue (Continued) Mr. Alar, otaon. City Planner# atatad that on March 30, 1979, ataff racaivad a call froa Mr. Gridlay «iaklng for aa appearance, than racaivad calla fres Hr. Gridlay and Hr. Cliff French, OmiaplA County Park Raaarva District, raapactivaly, «aquaating a delay to April 27, 1971 advising tliat Land aala had procaadad on Big Island. Council Haating - April 21, 1979 Hayor Van Hast aK>vad, Faaak aacondad, to table tha aubdiviaion raquaat of Duraall Vattar, Big laland, until aora coaplata inforaation la available. Motion, Ayaa (4) * Maya (0). V* to toklo HayMt* OMoury Clato r«a***.t lor a booodan' »t Wtil Maploto lAfOXMtiO* h vita COWMil MHBMta to MoRf RiMt it .ppoarR tliat tiioro' >Uiaf m«MM to Haof. - Bop* (0) fUBOIVItlOH ■ l9 X.1m4 • 109 Dury.il V.tt.r VARMta Couaur CU* V a'*# 22*-») r:3 4 t V)*« — * 10^- - ♦ -■■ ■“ -'^■■* TT • 9 t ♦• 0 < 4t|' 4» if.-i1—f if. -.t * * t » 1 1 I mOJICT McnT7c»jnt:pf:i nccincKirt: pttraiiix r.RAia HFRT7FNBFRfi MCiAiMUS ____ii__________ c- (D 5 Z 0 7:1m rr\ rn 0 1 Ml ' AAi-*- m • *■• ' • I fc I •^T^iTT 1 \ X / N > ’’ ,U, ’T / \ ' \ T /s '! \ \. i\-““ / * \/ \/ 1 ------v:-------i n — / --1 • »• » N < S&4 ♦ ! : ■wmaraBascat I «.r' •' -• > ._... r . I -1 y' .y—" • ft a-.^ %4m«4 w I I I r I I I ( • \ — \l 1 JC' “T (D n I 0 I iiiiiitii DiftCJiAlMtjMi n To;Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorsc, City Administrator From: Date: Subject: Jeanne A. Mabusth, Building & Zoning Administrator December 10, 1993 V-% #1891 B. Ehalt/D. James. 140 Leaf Street - Variances -Resolutions^ Additional Exhibits J - Amended Hardcover Facts K - Amended Site Plan Brief Review of Application Applicant proposes the construction of a 24’ x 30’ and 6’ x 29’ entry addition to south and west sides of existing residence requiring street setback and hardcover variances within the 0-75 ’ and 75-250 ’ setback area. The improvement addition will consist of an upper level two- stall garage with bathroom and laundry room and a lower level single stall loading garage with access to the south side of the garage. The applicant has agreed to grant an easement of 25 ’ of right-of-way for Leaf Street and dedicate an additional 10’ drainage and utility easement along east side of road, similar to that granted by Mr. Gronberg to the immediate north at the time of the Stubbs Bay Sewer Project. At the time of the Planning Commission review t was noted that a concrete patio area was not noted in the hardcover facts. Applicant has now provided updated hardcover facts including the 469 s.f. of patio area exclusive of the 299 s.f. of already accounted for deck and stair. Applicant was required to maintain hardcover within the 0-75 ’ setback area at its current level (1,159 s.f. or 7.5%) requiring the removal of the additional 7.5 s.f. of hardcover proposed with improvements. The revised facts also include ameixled hardcover information for the 75- 250’ setback area. The Planning Commission advised that hardcover within the 75-250 ’ setback area must be held to 30% or les.s. Applicant proposes 29.68% hardcover. Please review the amended hardcover facts and site plan. Exhibits J and K. The improvement will result in an additional 686 s.f. of hardcover improvements within the 75-250 ’ setback area. Variances sought by applicant are reviev^ed as follows: 1. Section 10.28. Subdivision 5 (B) - Structural setback - street Required * 50’ Proposed * 40’ Variance » 10’ or 20% (Note this is based on the street setback determined at a dedication.) / Zoning File ffim December 10, 1993 Page 2 2. Section 10.56, Subdivision 16 (L-1 & 2) - Hardcover variances 0-75’ setback area = 15,450 s.f. Allowed = 0 s.f. Existing = 1,159 s.f. or 7.5% Proposed = 1,151 s.f. or 7.45% (Note hardcover remains at approximately same level as required by Planning Commission recommendation.) 75-250’ setback area = 12,650 s.f. (Based on the 25' right-of-way for Leaf Street) Allowed = 3,162.5 s.f. or 25% Existing = 3,068 s.f. or 24.25% Proposed = 3,754 s.f. or 29.69% (500 s.f. of additional driveway paving + 186 s.f. of paved walkway and covered entry to front side of house) Variance = 591.5 s.f. or 4.6% 3. Section 10.03, Subdivision 14 (C) - Lot coverage. Total lot area = 28,1(X) s.f. Allowed — 4,215 s.f. or 15% Proposed = 2,436.5 s.f. or 8.6% No variance required. Planning Commission Recommendation The Planning Commission recommended unanimous approval oi the proposed variates subject to the findings, hardships ainl conditions set forth in the enclosed approval resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.68, SUBDIVISION 5 (B) AND 10.56, SUBDIVISION 16 (L-1&2) FILE NO. 1891 WHEREAS, Don M. Jaraes and Glee James (hereinafter 'the applicants") have an interest in the property located at 140 Leaf Street within the City of Orono and legally described as follows: Tract C, RLS No. 744, Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Municipal Zoning Code Section 10.68, Subdivision 5 (B) and Section 10.56, Subdivisions 16 (L-1 & 2) to permit construction of a 24’ x 30 ’ addition to the south side of the residence and a 6’ x 29’ covered entry porch to the west or street side of residence to be located 40’ from the street lot line instead of the 50’ required setback. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS This application was reviewed as Zoning File #1891. The propeny is located in the RR-IB Single Family Rural Residential Zoning District requiring two acres in area. The property consists of 28.100 s.f. or .64 acres. The Orono Planning Commission reviewed this application on November 15, 1993 and recommended approval of the proposed variances based upon the following unique findings and hardships: A. The existing structure is located 45’ from the newly defined street right- of-way. Page 1 of 6 4. 5. B The angle of the placement of the house on the property, the location of the 75’ setback to the east and the 30’ existing side setback to the north forces expansion to the south side. C. The proposed addition shall be placed over existing gravel drive. D. Lot coverage will remain at 8.6% where 15% is allowed. E.The proposed improvement is consistent with recent improvements of adjacent homes in the immediate neighborhood. The City Council finds that the conditions existmg on this property are peculiar to it and do not ai;ply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazarc or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable liaruship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City 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 variances to Municipal Zoning Code Sections 10.28, Subdivision 5 (B) and Section 10.56. Subdivisions 16 (L-1 & 2) to allow construction of a 24 ’ x 30’ addition to the south side of the existing residence and a 6’ x 29 ’ covered entry porch to the west or street side ot the existing residence requiring 10’ or 20% side setback variance and a hardcover variance of 591.5 s.f. or 4 6% within the 75-250’ setback area, subject to the following conditions: Page 2 of 6 1. -i • 3. 4. 5. Prior to the City issuing a building permit for new construction, applicant must submit a fully executed easement granting 25 ’ of right-ot-way for Leaf Street and a 10 ’ drainage and utility easement to the immediate east of the newly dedicated right-of-way running north and south. All hardcover removals as shown on site plan, included as Page 6 of this resolution, shall be completed prior to the footing inspection for the new construction. Authorities granted by this resolution run with the property not with the applicant, but arc permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 13, 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 shall be pumshable as a misdemeanor. 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. Page 3 of 6 k ■ L Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the I3th day of December, 1993. ATTEST; Dorothy M. Hallin, City Clerk Edward J. Callahan. Jr., Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of December. 1993 by Edward J. Callahan. Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation tind said instrument was executed on behalf of the City. Notarv Public Page 4 of <J STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of . 199_before me a Notary Public within and for said county, personally appeared^ ——--y y ^ ^ ^ --------------y I * • ■ known to me to be the person!s) described in and who executed the foregoing instrument,-nd ackiiowledg::^] that he (they) executed the same as bis (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_before me ? Notary Public within and for said county, personally cppcaredI r---- - ..........................-.............. ...... 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 6 ; »To:Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator From:Jeanne A. Mabusth, Building & Zoning Administrator Date:November 5, 1993 Subject: #1891 Ehalt/D. James, 140 Leaf Street - Variances - Public Hearing Pertinent Ordinances 1. Section 10.28, Subdivision 5 (B) - Street setback variance. Required = 50’ Proposed = a. 25’ right-of-way covered entryway 40 ’ gatage addition 41’ b. 33’ right-of-way covered entryway 32’ (traveled road 55’) garage addition 33’ (56’ traveled road) Section 10.56. ..bdivision 16 (L-1 & 2) - Hardcover variances 0-75’ setback area = 15,450 s.f.* .Allowed =* 0 s.f. Existing *=* 690 s.f. or 4.46% Propoj?d = 697.5 s.f. or 4.5% (add 7.5 s.f. of garage addition) ♦ Shoreline determined at 979 elevation as determined in review of Application #1792 - lot to north. A. B 75-250’ setback area = 12.650 s.f. (Based on 25’ right-of-way for Leaf Su-ect) .Allowed = 3,162.5 s.f. or 25% Existing » 3,045 s.f. or 24.07% Proposed * 3,255 s.f. or 25.7% (add 174 s.f. for covered entry addition and 36 s.f. of additional paving beside new entrance door) Variance » 92.5 s.f. or .73% ^ ^ jj-OlS .1 7o J ex. J 75-250' setback area = 11,210 s.f. (Based on 33’ right-of-way for l^eaf Street) Allowed = 2.803 s.f. or 25% Existing “ 3.045 s.f. or 27.1% Proposed - 3.255 s.f. or 29% Variance » 452 s.f. or 4% i -----£ Zoning File ^1891 November 5. 1993 Page 2 of 3 3. Section 10.03, Subdivision 14 (C) - Review of lot coverage. Total lot area = 28,100 s.f. Allowed = 4,215 s.f. or 15% Proposed = 2,436.5 s.f. or 8.6% No variance required. List of Exhibits A B C \) E F G H 1 Application Property Owners List Plat Map Survey Hardcover Fact Sheets Staff Site Plan Survey for Development Plan for North Lot (110 Leaf Street) Elevations Floor Plan Description of Request The applicant proposes a 24’ x 30’ addition to the south sido of the existing residence consisting of two-stall garage, bathroom, laundry room and new side entry to the first floor. The elevations also show a lower level side loading garage (review Exhibit H). As applicants ’ survey/site plan shows, the addition will be placed over existing driveway/parking area. A small triangular portion of the addition will encroach the 75’ protected setback area. Review Exhibit G. in an earlier variance review, the Ordinary High Water Mark of the tributary was detennined at the 979 elevation. Ponding is controlled by the dam to the south of the property The improvement will result in 7.5 s.f. of additional hardcover vithin the 0-75’ setback area. The residence was constructed in April of 1959 under a zoning ordinance that would have required 25,000 s.f. in area and 120’ of lot width. The lot met the necessary standards in 1959. Note the property is platted to the centerline of Ixaf Street. It is the normal practice of the City to define the front street setback line from the defined right-of-way at 33’ The neighbor to the nc>rth in an earlier agreement at the time of the sewering of the area, agreed to deeding the City 25’ for the right-of-way with a 10’ drainage and utility easement. Refer to E.xhibit G. If applicant wishes to deed the City 25’ of tight -of-way The City would be able to consider the setback from the 25’ dedicated right-o^-way. If not. tte City to be consistent must consider the right-of-way shown at 33’ Hardcover facts wou’ l have to he adjusted by reducing area i)t 75-250’ setback area. r Zoning File #1891 November 5, 1993 Page 3 of 3 Note that survey does not show a 6 ’ x 29’ covered entry porch. Proposed or existing access drive does not provide access to new garage at upper level (review Exhibits H and I). Staff has sketched the improvement on a site plan, review Exhibit F. The covered entry would be located 32’ from the street defined at the 33’ right-of-way. Note the actual traveled road is 55’ from the covered entry addition and 56’ from the closest projection of the garage addition. The development plan for the house to the nonh shows principal structure 46 ’ from the street line determined at a 25’ right-of-way dedication (38’ if determined at 33’ right-of-way dedication). The property was connected to municipal sewer in May ot this year. Issues for Consideration 1.Applicants should be asked if they are willing to grant an easement for road right-of-way. The City has no right to ask for the easement as a condition of this variance review. Should strucmral addition be altered to minimize impact on street yard? Structure to the north is 61 ’ from traveled road, proposed entry addition is 55’ and garage is 56’. 2.Hardcover excc'sses will exist within 75-250’ setback area because access drive to upper level garage has not been included. Applicant will be asked to provide an amended hardcover inventory. Will Planning Commission approve an excess of hardcover in 75- 250’ setback area? The lot to the north was approved with 30.37% hardcover within 75- 250’ setback area. 3. Should addition be readjusted to eliminate encroachment within 0-75’ setback area? Isv CITY OF ORONO ~ VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) mm mm mm mm mm mm PROPERTY INFORMATION rn*v TfC rr0f ‘v*7 Site Address lMn L&AP gr t nCCTTC 1 ui » awt^'wv'vvvv _ L a ^ * fc.* • V V /’uf’#*•*” 77 f iViLiiLin »i- a#w»vv/vr/TvoT.ruAi.v Vm//fxZ^UAf » itfHfit f uu included on requij^d survey. . ^ , . Af-qnired^ \pe cjLciC•»»\»/^ai^_(^lonth/year ) , also owii the adjacent parcels of land. ^ Present^USB-of prooerty: __residential -------other(specify )------- Zoning ni gt-rlct: ^ R i & ------------------ fWi# vof 7fT;r brvvA iwa « a k/*w i .j•/C aw y Date I (do applicant N2une i (^ge Tfrr Ae Phone Phene f work) ^ ^ ^ O Address . 'RtivU.//^) c-i r.itv. Phone (hnn.l ^7fe~ ^4//-----OWNER (if different than applicant) iPj^^ATA. Phon. («ork)^££i^Ji22Naune Address description op request . mo _____ city; _~~ Estimated Construction Cost $ <S 0)CCL',^.::i- - Describe request 1 ^ ^ LCH ./f fir{)(\ /P^ 4u>w^ ^ /VUC^/^A/g-_ _ _ _ _ _ _ _ _ _ VARIANCES REQUIRED Lot Area Lot Width 'yC Setback; )C Front Other (specify)^_ _ Side Hardcover Lot Coverage Rear Average La)ceshore HARDSHIP/DBSCRIPTION of unusual PROPERTY CONDITIONS Describe undue hardship or practical (attach additional sheets if necessary) REQUIRED SDBMITTAIiS All of the following information must be submitted by the application deadline date in order for your application to be considered complete; 1, t/^Completed Application Form 2.77^ertified 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, Z/'plat Map (obtained with property owners list). 4, T^Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8ij"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. b^)cetches or plans of floor & elevation views (provide 1 copy 8ij"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 voor variance application is not conplete if the_above Inforaatlon has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide a 11 . .information required or requested by the Zoning Administrator, agrees to pay additional fees (staff 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 t)>e''S^t of his/her )cnowledge ,-D. 'Applicant’s Signature 'env Date M ^ • JC/l t / ONHERS SIGNATURE The owner hereby acicowledges 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 ^^^h/s request. Date IO/jo/^3______0«mer's Signature Applicant must have all submittals into the City crficjs 25 days before the Planning Commission Meeting. Planning Commissioxi Meetings are held on e third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Coemission and Council. If applicant is unable to attend a scheduled meeting, please ma)ce arrangements to have a.i authorized agent attend in your place and to advise the Building 4 x<on ng Office of th_s change prior to the meeting. •• • • • •• - • \ ■; . i*,n ^I. ’ ■ •* • I /» ■» » *'.tltltM MtuV ’ • ■ •■‘/'V'i ‘ - ^)•••.■^. T» ‘J IMPAVWI, mm/um 'm;v omn MM M M-117-tl tt OOOS MHO LIAF ST H S I R J CMMCRQ MM S CRONMM 110 LEAF ST lONO LAKE Ifl SSSSA <r , .I • r' TAMMVtR i' ■ •■ MM/AOM 1 1 M 00-117-tS EE MIO MlOt CVONET PL 0 J EMIT ETAL OWEOCWV J EHALT lOB CVONET OLACE LCMB LAKE 104 BSSM •i4 • t ---------- r’ * V V . v' : /‘feTAHMVti MM/AOM f' i .••I' U 0S-117-ES 11 OOOS OMOB LEAF ST 1C OBAMN JR ETAl 1C BRAMN JR 0B LEAF ST UNO URE 104 BSSBO •* 1i^ ‘ ,■ v;,. r3 .,4. 4- .V :, • NCr^CPlN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY (M€RS LIST REPORT NO. PX4S540I PAGE 4SO 04*117-ES ZZ 000000140 LEAF ST0 G EHALT i 0 J EHALTBRIAN G i BARBARA J EHALT 140 LEAF ST LONG LAKE ffi 55354 38 04-117-2S 22 0009 00085 CYGNET PL G J EHALT ETAL GREGORY J EHALT 105 CYGNET PLACE LONG LAKE Ifl 55354 38 04-117-23 22 0011 00135 CYGNET PL H R ANOERSSON I E E MORIARTY H R ANOERSSON I E E MORIARTY 135 CYGNET PL LONO LAKE ffi 55354 38 04-117-23 22 0025 00180 LEAF ST R N HOVEY t T G HEALEY ROBERT N HOVEY THOMAS 0 HEALEY 180 LEAF ST LONG LAKE ffi 55354 TOTAL BATCH 002 00007 7J ••♦• V .• *• •’ • ■ ► • ^ *%• «•• •.* 1 * * i• •^ 4 ' 1 B • / • B J V 1 < i.v-'v. f •. <»:• t • ^ •• • B • R • 4 • • . '4'.' ' ■ *.* 'f • . • ^ i . I* . . ji- ' it •»“• 1 •» . »•: 4 ,4 ' • t / r . i.;- B- ‘ ^ V 1 >• i** V : -V.* ' ♦•*4 ^ ‘V : • • * ^•. ♦» •4 4 t 1 CfRTIFY THAT THE FACT<t ftEPRCSCNTCO ME AN ACCURATE AND TRUE RCFRESENTATION OF INFOA ^TION AS IT APPEARS THIS DATE ON THE RECORDS Of Ttffi HEMCPIN COUNTY DEPARTT4ENT OF PROPERRV IMATXON* TO PH BEST OF NY KNONICDCE AND SELIEF. OAT • 4 . ‘ ■*»- V • 4 ^ 4t # 1 P'^ I'-*'-''? t«fT %y n V- s' ' 1 M /iv V“IV»‘| « ^ *3 “' 1^ ? X. / / i M«/ - 4 C. b «#13)* / 6 1^ ▼ > / J> / / /n% / / i ■ »H- •i'.-x !iti r 1 » 1 §D .* / ' ♦' /•' . 1 •OIIM I* 54 • m m ytwi i% V 00 I ^ Wj #1 II •« •«(« ^ :i i*.* d 4yi wt (|i S r i HARDCOVER CALCULATION WORKSHEI SETBACK ZONE: (CIRCLE ONE) 75-250* Existing Hardcover in Zone <L> X.^ 250-500' 500-1000' I HARDCOVER CALCULATION WORKSHEET # 1S-S1 Total Haaocovir in Zoni Total Property Area tN Zone SETBACK ZONE:(circle one ) I0-75' (75-25g>250-500' 500-1000' Existing Hardcover in Zone • • • ( ■ • • A»' House (X 2^.t)-3/5 e ^ 7/_ S.F. length WIDTH • X «_ S.F. X .S.F. X . ____ S.F. •X . S.F. B. C. Garage X a • • . * • ^ S.F. Driveway .X .237Y S.F. X .S.F. D.Sidewalk X .S.F. X S.F. X m S.F. E.’atI0/ Deck X • S.F. F. Landscape m X __ S.F. areas underlain BY X S.F. PLASTIC SHEETING X • • m • S.F. X S.F. G. Other . X _.m S.F. 3o*iS i.p. [3 /2. O i.F.m . 1 •1 A V 100 2V.07 % ra zs fr^r T"* r*r) cI 5 I I I I I I I I i . • I I I Wf5+ fc»ie pF /VV,' Existing Legal Descrir^-ion Tract C, Rogiatorcul Land Survey No. 744, files of Registrar of Titles, County of Hennepin. ot Iron Parker (trjm 12-3-69) Searings shown are based on an assumed datum. Sm / HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75-250' Existing Hardcover in Zone 250-500' 500-1000' A. House 3i5 S.F. LENGTH WIDTH B. Garage c. Driveway D. Sidewalk Ptna £. Patio/ ^ X ' ^/z .o ;y-4.i s F. Landscape AREAS UNDERLAIN BY PLASTIC SHEETING y _ X - X G. Other Total Hardcover in Zone S.F. S.r. S.F. S.F. S.F. S.F. S.F. S.r. S.F. 2JS S.F. SV S.F. S.F. S.F. S.F. S.F. //S9 S.F. [T Total Property Area in Zone S.F. 3 //S'? -fflil X 100 * 7. so _ % ^ C X -/ r ------- r 7.V5z 7. S ^,^r. ■.ki HARDCOVER CALCULATIOH WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 250-500' Existing Hardcover in Zone jy /'ri/ 500-1000' A. House ryj.8 LENGTH X -3S5 WIDTH €7 i s.F. S.F. S.F. S.F. S.F. 3. Garage c. Driveway 237V s.F. S.F, D- Sidewalk S x V- ^) E. Patio/ Deck F.Landscape AREAS UNDERLAIN by PLASTIC SHEETING 0. Other Total Hardcover in Zone Total Property Area in Zone s.F. 2 3 s.F. S.F. S.F. S.F. S.F. S.F. S.F. . S.F. S.F. 3 C^S l.F • • 1.^. B A o/ r> ) JO49 ^ m X 100 - _ 25r_Vo 40/yfJ s 0 0 r^ Awrfi 4(m r . 2J.4B 7^0000 t€P f/S^u/nns -^ f*r t^.isa Vvt5^ llpye of A/W */f /of '7 W#** I'fHf of A^W't (»4 £?V?\A*!3. .*■' 3 '^ n»'Mci ton Tract «•, K<>nnftt< rcf1 •..nul inifv.'v So. Title?!, i*»>ur»ty o| M<'t>iit*|>i n. oi Iron iimur Ptcarinc|«i «ih<>wn .?ro o«t an «i.»» im. To:Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse. City Administrator % From: Date: Subject: Jeanne A. Mabusth. Building & Zoning Administrator December 10. 1993 <r> • • r'"'\ A % //1892 Bruce Kehring, 4415 Forest Lake Landing - Variances - RescMtHion Additional Exhibit M - Revised Site Plan Locating Dramfield Site Brief Review of Application For more detail of this review, please refer to the Planning Commission minutes of the November 15. 1993 meeting and the enclosed staff memo dated November 12. 1993. Applicant seeks approval of a hardcover variance w'ithin the 75-250 setback area and a height variance for a cylindrical-shaped addition to the west side of the structure shown at three stories where the code only allows for a 2'/i-story structure. Refer to Exhibit J. Note that no portion of the structure exceeds a 30’ height. The three-story structure provides access to an upper story roof level deck. 1 he property meets both area and width standards (43,560 s.f. reejuired - 55,5(X) s.f. existing). The property is located at the end of Forest Uke Landing at the east end of the peninsula. The property is surrounded by lakeshorc at the north, east and south Although the property well e.xceeds the area allowance of the zoning district, the building envelope consists of 13.700. Hardcover within the 75-250’ setback area is proposed as follows: Allowed •* 3,425 s.f. or 25% Proposed ■■ 4,462 s.f. or 32.5% V.iriance 1.037 s.t. or 7.5% Review of Structural Coverage Allowed = 8.325 s.f. or 15% Proposed » 3.460 s.f. or 6.2% .Section. 10.24. Subdivision 5 (A) - Height variance Allowed • 2'6 sn^nes ProyKtsed - 3-story cvlindncal addition to west side »)f residence Total structure di'es not exceed the 30’ height allowance. Zoning File ^1892 December 10, 1993 Page 2 Planning Discussion Plamiing Commission members questioned the design of the house noting tliat it was "inconsistent ” with surrounding neighborhood. Applicant advised that the design and shape of the house resulted from the unique shaped buildi.aj envelope and need to con.serve horizontal hardcover improvements. The property is surrounded by lakeshore on three sides. The issue of the mipact on the neighbor to the immediate north was noted but staff advised that because of the platted roadway dividing properties that owner to nonh had no ordinance based claim on lakeshore view. .Applicant noted that if 55,500 s.f. lot was of a normal, standard shape lakeshore lot, hardcover allowance would be much higher. The house has been designed so that there is no need to e.xtend beyond building footprint for additional outdoor recreational space as a lower level patio has been placed beneatli the main level grade room and a rooted deck above the upper level. The applicant has proposed a drainfield to maintain runoff from roofs of struemre to offset 7.5% excess of liardcover. In fact, applicant notes that 7.3% of driveway and walkway improvements’ runoff would drain out onto existing surface but that the remainder of hardcover would be treated dirough the drainfield Applicant will be responsible for providing detailed spec and design information for drainfield. A separate permit will be required to be reviewed and inspected by the City Engineer. Review Exhibit M, the drainfield is located entirely within the 75-250’ setback area. Planning Commissiun Recommendation Planning Commission members voted unanimous approval of the proposed variances based on the hardships .set forth by applicant subject to the condition that applicant apply tor the legal combination of the five separate parcels upon application tor a building permit. A RESOLUTION GR.\NTING VARIANCES TO MUTsICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND 10.24, SUBDIVISION 5 (A) FILE NO. 1892 WHEREAS, Bruce Kchring (hereinattcr "the applicant") has an interest in the property located at 4415 Forest l ake Landing within the City of Orono and legally described as follows: Ix3t 13 - 17, Tonkaview Gardens, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, per Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.24, Subdivision 5 (A), the applicant seeks approval of a height variance for a portion of a new residence that will be at three stories where the code allows only 2',^ stories and a hardcover variance within the 75-250’ setback area where the new construction will result in 4.462 s.f. or 32.5% hardcover where only 3,425 s.f. or 25% is allowed. Minnesota: 3. NOW, I HEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File i<tl892. The propeny is located in the LR-IB Si-gle Family Lakeshore Kesidential Zoning Di.stnct ret^uiring one acre in area. ITie property consists of 55,500 s.f. or 1.27 acres. The Orono Planning Commission reviewed this applicativ>n on November 15. 1993 and recommei^ed approval of the variances as projx^sed based upon the following unique findings and hardships: Total lot area is 55.500 s.f. where only 13,700 s.f. lies within the 75-250 setback area. Page I of 5 B.A standard lakeshore lot with 55,500 s.f. in area would have yielded much higher hardcover allowances within the 75-250’ setback zone. C. The pri>perty is located on a peninsula. D. The {)roperty contains unique topographical constraints. E 'Idte house has been specifically designed to limit the need for horizontal e,xpansion beyond building footprint to provide additional outdoor recreational space. F. Surface runoff from 25.2% of the total 32.5% of hardcover improvements will be treated within a drainfield area and will not run directly into lake. G. A small w ing of the new residence will be at a three-storv height. 4 The City Council finds that the conditions existing on this property are peculiar t<» it and do not apply generally to other property in this zoning district; that g mting the variance would not adversely affect traffic conditions, light, air nor nose a fire hazard or other dancer 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 proj^iiy right of the applicant, and would be in keeping with the spirit and intent of the Zoning Ctxle and Comprehensive Plan of the City. 5 The Citv Council has considered this application including the findings and rccommendatu>ns ot the Planning Cominissiiin. reports by City staff, comments by the applicant and the effect of the proposed van..nce on the health, safety and welfare of the community. CO.NCLUSIONS. ORDI K A.VU CONDITIONS Ha,.cd upon one or mo,c of the above lindings. the Orono C.tv Couik U hcrel^ grants variat^ea ... Mume.pal Zontng C,«ie Sec.tona 10.22. v-.ria.K;c ».ih.n the 75-2.W seth..sk area ol 1,037 . f or 7 5% and per ^tton m .4 .Subdivision .5 lAi grants a height vananee lor a small porti.in of the rc^ence that will he a three story height instead .>t al 2'-i siories, suhjeei lo ihe l..lU.wtng eondmons. Page 2 of 5 1. dm 3. 5. 6. Prior to the filing of an application for new construction, applicant must apply tor the leual combination of the five separate parcels that make up the building site. Upon application for a permit, applicant will make payment for a sewer connection charge at SI 1,331 per 1993 fee schedule and a SAC payment of $750 based on MWCCs 1993 fee schedule. The City shall require permits for the itistallation of the drainfield and extension of municipal sewer to residence. Applicant’s consultant/contractor shall provide all design and spec inlbnnation for the review ot the City Engineer. 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 ot Council approval, or this vaiiance a ill expire on that date (fX-cemlx.-r 13, 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 authorits granted herein, and shall be punishable as a misdemeanor. Tlie undersigned applicant has read, understood and hereby .grees to the terms of this resolution and on behalf of himself, his heirs, su.cessors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 Adopted by the City C uncil of the City of Orono, Minnesota at a regular meeting held on the 13th dav of December. 1993. ATTEST; Dorothy M. Hallin, City Clerk Edward J. Callahan. Jr.. Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of December. 1993 by IM»ar<l J. Callahan, Jr. arel Dorothy M Hallin, .Mayor and City Clerk of Ihe Ciiy of Orono, a Minnesoia municipal corporation and said instrumcm was executed on behalf of the City. Notary Public l^fc 4 of 5 STATE OF MINNESOTA ) ) ss. COl'NTY OF HENNEPIN ) On this day of , 199 before me a Notary Public vv ithin 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 PUBITC STATE OF NUNNES*)TA ) ) 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 w ho executed the hiregoing instnuncni. and acknowledged that la (they) executed the same as his (their) free act and de^ NOTARY PI BIJC Pate 5 of 3 TO: FROM: DATE: Pl?.nning Commission Members Ron Moorse. City Administrator Jeanne A. Mabusth, Building & Zoning Administrator November 12, 1993 SUBJECT: #1892 Bruce Kehring, 4415 Forest Like landing - Variance - Public Hearing Zoning District - !,R-1B Required area =* 43,560 s.f. or 1 acre Existing = 55,500 s.f. or 1.27 acres Required lot width = 140’ U)t is well in excess of 140’ measured in a straight line at the shoreline and at the 75 setback line. Pertinent Ordinance Section 10.22, Subdivision 2 - Hardcover variance within 75*250 ’ setback area * 13,700 s.f. Allowed “ 3,425 s.f. or 25% Proposed “ 4,462 s.f. or 32.5% Variance « 1,037 s.f. or 7.5% List of Exhibits A - Application D - Applicant’s Addendum C - Property Owners Fist D - Plat Map E - Neighbor’s Acknowledgment Forms F - Hardcover Fact Sheets G - Boundary Survey/lopo H - i’hotos of Architect's Mtxlel I Devclopnicnt Plan J Elevations K - Floor Plans L - Sewer As-tHiil! The subject propeny comi«- of five separate ux parcels totaling over an acn in area. Applicant proposes consiruction of a single tamily residence vviih a footprint area of upproximatciy 3,460 s f All required scibacks will he met. Review Exhibit J. the flat ro«>f stnKture wili meet the 30’ height limit fhe only variance sought by applicant is for excess hardcover within the 75-250’ seibik;k area Zoning File 0^2 November 12. 1993 Page 2 Special design considerations have been employed to minimize horizontal expansion and limit hardcover. The architect’s addendum. Fxhibit B. notes space has been utilized below and above the grade level garage as living space. A lower level patio lies under a p»)rtion ot the main level ereatroom. review F.xhibit K. The roof deck eliminates need for additional decks and patio. The most unique solution to the excess hardcover is the proposal to install a draintield to treat runoff collected from the flat roof. 7.3% of hardcover from the walk and drive would be treated by surrounding ground area. 25% of the runoff from the hardcover would be disbursed and absorbed in the draintield. Tne applicant also notes if City would consider vacating 5 ’ on either side ot the bO’ right- of-way of Forest l..ike Landing that tfic area within the 75-250 ’ zone would be increased by 740 s.f. also reducing intensity of hardcover excesses. The property has never been assessed for sewer. Review Exhibit L. the sewer is n.’proximaiely 120’ away from property boundary. It will be the applicant’s responsibility to f*fend .sewer to the property. Sewer connection charge will consjst o^t^th^ollowing charges: Plant charge Unit fee for 1970 LS-1 project I.ift Station 10 by-pass charge Lront footage charge S25.30 per front foot 225.00 $ 4.111.00 $ 2.188.00 S 4.807.00 (190’ X S25 30) Total fee Service Availability Charge ($800 00 as of 1/1/94) $11,331.00 $750 00 The fee schedule provides no diiection for properties where the s^'^'Cr lirw docs not abut the boundaries of the property but where the owner must assume responsibility for extending^ sewer The question is whether it is fair to charge app'icant the lront footage charge at this imc Applit.u.i iiuy «ish to appeal .o the Council at the lime of the Council's review to detcniiine it the $4,807 Ot) fee could he removed from toul sewer uml charge Stah'iiieiii of Hardship Please review Exhibit B. applicant’s addendum Hardships are reviewed as follows: I Total lot area ZODC. is 55.500 5 f. but only 13.700 s f. lies within the 75-250 ’ sctb»:k X Unique topography Zoning File #1892 November 12, 1993 Fage 3 3. The property is located on a peninsula. 4. Standard lakeshore lot with 55,500 s.f. in area would have yielded much higher allowable hardcover within the 75-250 ’ zone. Issues for Consideration 1. Are the hardships cited valid? 2. lias the house been designed to minimize u.se of hardcover? 3.Is a 3.460 s.f. building pad reasonable for the 55,000 s.f. lot? Total hardcover for the property is maintained at 8%. 4. Does the installation of the drainfield intluence your recommendation? (25% of the 32.7% hardcover to be treated within drainfield.) Any condition of approval must include the condition that the five separate tax parcels must be legally combined prior to the City issuing a building permit tor the new construction. Applicant may also wish to present a,' appeal to the Council concerning payment of a front footage charge as part of the sewer connection tee. CITY OP ORONO — VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After”the~Fact Fees (Double application fee) PROPERTY INFORMATION Site #1 O 0| O '"0.___/ ’sL-ux'' ciry OF oFOfiO Flr^ANCE OFFICE At°ac“Lgll"dtsiri^ion not'’ ^ J'-' included on required survey, lcti. U •f 1--^ Date Property Acquired I (do) (do not) also own ^he adjacent parcels of ^ cOOl kOl T12: Present use of property: V__residential - - -other(specityr- - - - - - - Zoning District:^_ _ ___ _ _ _ _ ___ _ _ _ _ Phone (home) Phone (wor)c) applicant Name _ _ _ _ .as....: <..uo City: OWNER (if different than applicant) Name _ _ _ Phone (home) Phone fwork) Address: lln^^ WidWrAUt. Estimated Construction Cost $_U7 -----------DESCRIPTION OP REQUEST Describe request in detail: H f^r < Yff'... *’.ss>' •Z.C-.J8 . -rW/A 1-^ ~ VARIANCES REQUIRED _ _ Lot Area Setbaclc: Lot Width Hardcover _ _Lot Coverage Front Side _ _ _ _ Average LaXeshore Other (specify) HARDSHXP/DBSCRIPTIOtl OF oKUSDAL PROPERTY COMDITIOMS ______________trrTA lM>---------------------------------------------------------------------~~~~ w (attach additional sheets if necessary) required submittals of the following information mast be submitted by the application deadline date in ordcr^ for your application to be considered complete; 1. 2. Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A~603 Govt Center 348-3271 ) . 3. Plat Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8%"xll" for reproduction). 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8%"xll"). 6. Sketches or plans of floor & elevation views (provide 1 copy 8J5"xll"). 7. 8. As an addendum zo this application, please attach a separate list of any other persons you wish notified of this application. 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 infomation 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 infojrmation supplied is true and correct to the best of his/her knowledge. Applicant's Signature P)[eJir. /y] l^tA A A Date !C 1I f OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultantSj» 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 tM City offices 25 days before the Planning Commission Meeting. Planning CoK^ission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled reyiew meetings of the Planning Cosmission 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. KEITH WITTERS &AiiSOClATES.lNG DESIGNERS & BUILDERS Novemb * 7, ^993 Ms. Jeanne Mabusth Building and Zoning Administrator City of Orono P.O Box 66 Crystal Bay, MN 65323 Dear Ms. Mabusth: 10340 VikinK Dfivc Suite 1 10 Eden Pfiiric Minncsoti 55344 (612)942-1060 Far 942-1058 License Nufrber • UUOlSOi Edicts Lot Area - 55,500 sq. ft. Main Level Area - 2,596 sq. ft. Garage Area - 864 sq. ft. Walk & Drive Area - 1002 sq. ft. Total Hardcover: 4462 sq. ft. There is no proposed construction or grading within the o’-75’ zone. All construction lies within the 75’ to 250’ zone Hardship Although the total lot area is 65,500 sq. ft. only 13,700 sq. ft. lies within the 75’ to 250’ zone due to the lots topography and unique peninsular shape. Twenty five percent of the area within the 75’ to 250’ zone yields only 3425 sq. ft. allowable hardcover. This is inadequate for house, walk % drive. A standard shaped lakeshore lot would yield a much higher allowable hardcover for this large of a lot. Proposed Solution A) Limit amount of hardcover generated by utilizing space above and below garage as living space. B) Lower level patio lies under cover of main level great room. C) Roof deck eliminates need for additional decks and patios D) Flat roof design allows for the collection and control of all precipitation falling on the st.ucture. Large heated roof drains collect water and bring it down through the house structure and into dispersion tanks. Our 4000 gallons of runoff can be held within the tanks (the equivalent of 2' of rain falling in one hour). The runoff is then dispersed and absorbed by the aoi1 in a »%nor Similar to a septic field. Only the runoff from the walk and drive would need to be shed onto the surface of the surrounding landscape. This area would only be 7.3X of the 75’ to 250’ zone. E) The site will be left in its existing heavily vegitated condition where possible. Additional Finding Orono currently has a 60’ street right-a-way, but only requires 50’. If 5* W6T6 vacated on each side and deeded back to the property owners, this would increase the 75’ to 250’ zone by 740 sq. ft. Sincerely, ■f RUN DAT! 10/19/9S « RATCN OOS HtNNtPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LISTRROR AMRV OHNER NANC . TAXPAYER NAMi/AOOR sa 07-117-n IS 07U OOOSa ADDRESS UNASSIGNED ^ STATE LAND DEPT CITY or ORONOFLOOD CONTROL (UNDER NATER I E/S/8E ST DEED tl611Aa> PROP AOOR QMNER NAME TAXPAYER *NAME/AOOR Si 07-117-7S 74 OOU 04450 FOREST LAKE LANDING R L A V A NOLFF ROBERT L t VELMA A HOLFF 4450 FOREST LAKE LANDING HOUND Hi 55S44 V ' * . PMP AODR \ OMCR NAME TAXPAYER V NAME/AOOR W V'1 I I • V SB 07-117-75 74 0019 OOOSa ADDRESS UNASSIGNED ROGER N DYBOTN ROGER H BY BOTH 47B EAST SARNIA ST MNQNA m 55967 AOM ^ OMCR NM« 4 TAXPAYIR MANE/AOM .'■‘V »! ' SB 07-117-7S 74 0077 OOOSB ADDRESS UNASSIOIED ROGER H BYBOTN ROGER N BY BOTH 476 EAST SARNIA ST NIHONA HN 55967 ^'9 PROP ADDR ONNER NAME TAXPAYER HANE/AOOR SB 07-117-7S 74 0056 0444S FOREST LAKE LANDING JON B BLACKSTONE ET At JON D BLACKSTONE 444B FOREST LAKE LANDING HOUND m 55544 » '^v'ajr ,.vjf • ■ '•' V* *5; . .♦•v "kW ^ • * * ■ ^ r Jfc n ' S6 07-117-7S 74 0005 04445 FOREST LAKE LANDING G L BAKER ARM LONE GARY L BAKER AND REBECCA H LONE 4445 FOREST LAKE LAf«)ING H0UI40 m 55544S6 07-117-7S 74 0017 04440 FOREST LAKE LANDING H S BRICKLEY A J M FUCHS N S BRICKLEY A J M FtXHS 4440 FOREST LAKE LANDING HOUND HN 55544 58 07-117-75 24 0020 00056 ADDRESS UNASSIGNEO ROGER H BYBOTH ROGER M BY BOTH 476 EAST SARNIA ST HINONA Hi 55967 58 07-117-23 24 0027 01144 NlLDmJRST TR LYLE E RAHN ETAL LYLE E RAHN 1144 NILOHURST TRAIL HOUND HN 55544 56 07-117-25 51 0057 01200 NUDNURST TR DAVID J KRUSKOPF A HIFE DAVID J KRUSKOPF 1200 HILOHimST TRL MOUND HN 55544 REPORT NO. PI455401 PAGE 4S8 07-117-25 24 0007 01164 NILOHURST TR B D RASHUSSEN/S J RASMUSSEN BRIAf4 D A SANDRA J R^ASHUSSEN 1106 NILOHURST TR HOUND MN 55544Sa 07-117-25 24 0016 04415 FOREST LAKE LANDING ROGER H BYBOTH ROGER H BY BOTH 678 EAST SARNIA ST HINONA m 55967 56 07-117-25 24 0021 00056 ADDRESS UNASSIC^D ROGER M BYBOTH ROGER H BY BOTH 476 EAST SARNIA ST HINONA MN 55967 •f ^ r ^ ♦*. * .-• V ' ;• # 56 07-117-25 24 0057 D4455 FOREST LAKE LANDING S E PYATT A K H PYATT S E PYATT A K M PYATT 4455 FOREST LAKE LANDING HOUND Hi 55544 V , •. i r t,» h i’ ' * < <• • 4|» • / \ f %♦ Vs ' : ■ . . * ’ 'A^ ‘ ‘ I . .. fC* ' * ‘ ? 4 J TOTAL BATCH 005 60014 » • ' . • ■ • 1 '♦ ■ u 4 % A* * * . ,#» ^. • I \ i ‘ ' ‘ V HUM OATlBATCH 005 • •*• *•i A • % % *jf^ v a ; fjf *v a ; vX'\ivl 'xJ‘■ <*f)f >'» ■’ •••V*'*'* /•! ' i •■ ■ V-vilt • « • t •): ■ V I- •■t'i5 •■ :'• * ♦/i ^ ‘ • * . ♦,:» ““ -k ' , iiy ;n1C^ 'v V* .. vl'-v 'Vi’ .; *‘.rv-'-‘n 'i ’' ■ 1»V V ;:•! '• • - I f A V ^ .n .rA'k' ’• i»R.#1 wKv^ .r. %•■ HOtCPIN COUNTY PROftHTY XNrORMATION SYSTEH PROPERTY 0»0«RS LIST REPORT NO. Pl<i5M01 PAGE 7 _ *K«Ttrv THAT TMF FACTS REPRESENTED ARE AN ACCURATE AND TRUEriH?5S."S S it ««»K this »•«<»•'"JJ'S??? OF THE HENNEPIN COUNTY OEPARTNEHT OP PROPERTY TAXATION*^ TO THE BEST OF MY RNOHIEOCE AND BELIEF ' DATE* #1 o * * *TI> .. .'’J -I ! .’:• •\ ; •:«. r?i • *'» -f . I .A\ • u 4 / ' it. s -l.i ‘t44^ ♦ • . .'V* .■ "4 •• • rJ*.I •< » I > ^ '’■ r '‘ *-S ‘. V V.' i . •' .» < i* • t • ‘ • W ' ■ 1 ^' \ I • >. pt)| * .7 t /•} r • m / » • A.»>.• ♦ / t <i \. ‘^i i ; -.M ,' "i * 4 % 7 ^ ?Y . • k» ( - ‘ ! ‘aV ‘ iV t» ‘v7 • -»# • ^. p.> ; f '« 7i o mm sy w'» I (wg) Adjacent Property [print naiTiG (s ) ) itOw/drs'"H 3d5,^eh^o of Li^irf LAsi^ltL )L [print address] ^ 4-Ho nlans for the proposed improvement or proposed use of the proporVy'To%ated at /-4aP/x/.a 1 so referred to as Land Use Application No. _____• I („e) understand that in executing this ^^r^ty‘"r’use ,are, not ashed -adware of th: r/p:rverenTplVn"s ^°nd\hat /he proposed neighbor's project or use recjuires Council approval. Property Owner I (we)t fifL ^ c\<c pj.i of (print naoels.l^' ' ^ (print address- have »viewed_the pla ns Application No. _____• . .4 <n execut ’ng this acknowledgement, I (we) am I (we) -‘"■l®'^^”'’V ionrovar or disapproval of the property or use (are) not as)ted to declare-appro va I ,„e) am (are) aware of but merely to confirm ^^^^/ploposed neighbor's project or use the improvement plans and that ^he propo requires Council approval. €V V-C- \V -a. V\-^ ■ST Date Property Owner Property Owner Date If you have any information «»>.t aay a\-lV.«‘lrdali%" Vhe-ac^^-Vetin, date. p Adjacent Property Owners* Ackno 1 g emc n t^F©xTn I (we)(\n\ (\\acVbk i [print name(s)) of ^V(• C~ f^!’'fs'h/ <^'1 ^<, 'c'/ '’^ [print address] , rhf» nroDOsed imorovement or proposed use of the ^rrpe ” y Tolaf/d Application No I (we) understand that in of ^thror%VrtV°t ’use ,.re) not ashed to declare approval or ^ but merely to =°"f\t'"/°^.’'^hat the proposed neighbor's project or (are; r.ou -- Council that i (we; \ci.s=, --------- ^h: TJorlVZ.Tp^ns and that the proposed neighbor's project or requires Council approval. Frc^erty/ Owner CVLfl fc— I 7 - 73^, Date I -/rr > r- - " ------- Date Pr^erly Owner ^^**^^»*..**************************** I (we)Sol •?- /^.V ^ [print name(s) ] (print address] nave reviewed the plans for t^e pr=P=;ed ^ rer^e?” o »““an1 u"e property located at ,VY/V - - -- Application No.^au.i»w4« *'-w- — ___ I (we) understand that in are) not as)ced to declare-approval ^ fI ,w«) am (are) aware of ,ut merely to confirm the i y C neighbor's project or use :he improvement plans and that the prop requires Council approval. Property Owner / Date Property Owner • \\ HARDCOVER CALCULATION WORKSHEET • • \l ( SETBACK ZONE: (CIRCLE CNE_) 0-75' 75-250' 250-500' E xisting Hardcover in Zone 5GO-1GCO' A. House 3. Garage c. Driveway D. S idewalk E. Patio / 3eck F. Landscape AREAS UNDERLAIN BY , . PLASTIC SHEETING 6. Other u.X .38 t'ZUx S.F. LENGTH WIDTH X _s 7<>fr S.F# 1*^-X _ .S.F. •X _S.F. X _38 S.F. X .3Z-38 n L&>S.F. X _ .72.0 S.F* X _S.F. ^<9 X _U S 3C.c>S.F. X .S.F. X m S.F. _S.P. S.F. S.F. _ S.F. _ S.F. Total Hardcover in Zone Total Prcpcrty Area in Zone 1^700 S.F. S.F. S.F. 'lSALp S'P. S.F- 330 s F. ^&,SOb X 100 lA % 6 7. -Z----- I5,7et) -S.F. ^25% of fh.! hounclnrioi Of sni,1 ?or^’ l'■•o,■.orty nn,l t.hc ton,„,r„phy imnrn%>nmj«n» * ^*003 not (uirpor': ^o show 3ny othoriniprovnmf»ntn or oncroachmont;!. /•f . J^jr S0»t Tf ^^. o * —y ■ts PW V.X- r i o. K . ■«. V -V ^ .'X '■'•/»*.’ » y’'V”' '■ :<i' '^'•‘Sir' ^ r '"'♦V V _ -■• A'- .-•■4«.- V ' !» s‘l»' r ’.y ■<■ .jf'i'.'... ^ # # f' # \ .W' ^ 'a ^V '' ^ hi i\ w ' n-T-Vr' :.-. ‘ J\ [^:'V ./• \ >■: . •f A t • A \\\ . / ^ - rv •'.' .«* / a; .' * I ' V vi. '• / V* €v yt- \ •y ♦• * ■w ^ Ld^jr.'^'iMI n W: ‘ r i- If locAf.ipn Of f.ho boundaries ot said <^««^-rtbcd property and the topoqraphy ?Lr«I^ ^ I purport to show anv otherimprovements or encroachmen^3. 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I i \ j I I I rtT 1 i i 1/ ; i i ? i ■ ? i I i . ■ i! * -4-4- M , T/ ? ,*!: i » i '{ M'ltrri i- f i \ , ?1 i i i f t }1 .1 ■ . 1 i I I / j ! f •r- ^ i i • •♦ 9 9 * 1 ! 4^-^ 4»- I 1 t.a i < » i I f. ♦ 4 • rf + Vi ■•♦• ^ . t 4»Mu i 1 Tf-rr‘I m - i ’'H-rr S' U V ^4 V r * I V '' J •i ; r* I ■■mlMm I5?^qr,a uum||555tr0f;5 aSj;iSi^i:'5SKuU^Ui'/U mi.isiisa SS3?2!11^'msI DM it 7 i| : 2feb iPItil k r I.w - V f. l-l uU\ ii i 1 H f*lif' t f > ' %< if mi fpMT m TO;Mayor Callahan and Orono Councilmembers Ron Moorse, Citv Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE: November 29, 1993 SUBJECT: 1340 Baldur Park Road - Sewer Connection %a. % List of Exhibits A - Plat Map/Sketch B - Letter from David Mess 4/11/89 C - Table - lIistor>' of Ownership D • Ix-tter to Jack Collins (Midwest Federal) 6/5/84 F: - 1982 Approved Preliminary Plat Drawing / Suiimiary This residence is within the MUSA boundary and has a nonconforming septic sy stem (due to lack of y separation from water table identified by mottling) which must be replaced by 12/31/95. There is no place on the property meeting the minimum criteria tor .system replacement. Connection to City sewer is the only reasonable alternative. Connection Issues The house sits on Lot 30 (see E.xhibit A) and is owned by David Mess. The sewer in Baldur Park F.-ad only extends up to Lot about 500’ from tlie house. William Franklin owns Lots 21 through 29 and 31 through 33, all of which are vacant except for a detached garage on Lot 28 Mr. Mess has a driveway easement through Lots 21 29. but not a sewer easement. Mr. Franklin apparently has refused to grant Mess a sewer easement (see Exhibit B). All of Lots 21 through 33 were owned by Gladys and Fred Olson at the time sewer was installed in Baldur Park Road as part of the 1965-LS-l project. Lot 21 was assessed front f(M)tage. and Lot 30. with the house, was assessed one $225.00 sewer unit. A 1970 letter to Fred Olson camfirmed that the sewer was provided to dK: property and that he was already past the deadline for connection. In 1974 ijois 21 through 29 and Lot 33 were sidd by Olson. The history of property ownership appears in Exhibit C. Although the City has sent many leucrN demanding sewer connection and had many discussions with »hc various property owners thr.High the years, it can be argued that the propeny techiuwady has m>t been ‘served* by sewer since the intervening Lots 21-29 were sold iwcniy years ago Memo - 1340 Baldur Park Road November 29, 1993 Page 2 The City for many years has been billing the Mess residence for both the annual septic charge and the quarterly sewer "available" charge. The property owner brought this issue to the City ’s attention a few years ago but at that time it was apparently concluded that the dual charges were appropriate s'ince the property had always been considered by the City as being served, and therefore the charges were an "incentive" to complete the connection. The property is apparently now being sold by Mess, with no resolve to the situation. Staff Recommendation Staff is proposing the following actions to resolve this matter once and tor all: 1. Abate the 1993 sewer "available" quarterly charges and eliminate future such charges until the sewer is available. 2. Continue the annual septic billing. 3. Staff to contact Mr. Franklin and determine whether he is interested in cooperating with Mr. Mess by providing him an easement at a reasonable cost, it oT.y. b Would seem to be to both panics ’ benefit to work together and install a pipe that will serve both properties once Franklin or his successor develops the vacant parcels. If Franklin and Mess resolve this, allow them to install (at their cost) a pipe that would sene their needs, according to City standards. 4. Absent Franklin’s cooperation within the next ninety days. City to proceed with condemnation of an easement and construction of a municipal sewer extension to serve the existing house and the two or three probable additional units that might eventually be allowed to develop on the point (remember that preliminary plat approval for a total of three lots on the point was granted in 1982 but ^ver carried out) Assess one unit to the existing house and two or three uruts to Franklin’s parcels. Include the costs of condemnation and construction in the assessment. The basis for such a condemnation and sewer construction project is clearly a health, safety and welfare concern for the existing house. And clearly, the vacant property is undevelopable unless sewer is provided, theretore the property should gain in value by at least the cost of sewer if not more. Staff recommends that Council direct staff to meet with Msrs Franklin and Mess, outline the aN»vc pnKcss. and determine how they wish to prcKeed. If there is no resolution at Step 3. then staff will come back to Council requesting autht'ri/ation to go on to Step 4. Potl ♦froufioq r»Qu«it p»d T664 if^ ROUTING - REQUEST a©i Pleas* READ mi I _1 handle _J approve and ^ 3ArmL _______ ______________________________ _i forward RETURN Oat« %^l'T2Adsi^ V OV.^ _________ CJk;aL>^ 1 , _ J^ *j)'.i.'A‘j u:^'jL^X •*fr;.• f»it/ f i ^* ^ Ci> '•'‘G ‘/^ _ ivT \'jj7 1 - From f - —............... /^/c?C3/yiA.~H^ - , IL / / ^MCdU^ a. kiJ^ Ut mv6A^ ChM^ ^ su6^ 7'>dL^____ a J f, \j . ^ Cl/y^ to^ CiCCtm^ A^’zZ^ UCc^<K—^ /— jS^d'O/lA cyi^^i^kJ2ji2^ ....tc^JS^c ^^7^/H-<^✓ ^A j2' ^twex^ jbw^f^d!^ ii \j^CCeo/^' Mo ■'lonZiM' Qnn **l ^iSC&CiA^ • _ __^ -■ ; i sj ccof&^^ 0<;v6A Mo poe<>e^rcr v/ ^ !MC-Mu-e- s'. . OiC'CAaa^ Mz</€- ^<zt ' di a^ cost-^ rh^ fwedd 'Joil ‘^M M4u- \/-<U^yi^^ <0^^ -seAA^, UovCCl ouotoivy ~t^U2^ 6<^:tM^ oS^ CMryvC^^^^^y^Cc^ UJ ^^:M/uLA£' CU Ccoa^ • • dyvCe^M/^ > « - «• r'7/-pq'7C!fAP(, /'J©T*f3 : ■^1^ ^c'PTic^ 5 •/jr?!^^ /?^rr>2^/ Uj^s <Toajj ibt>rieC;. As ' JAP^xp (,jf^j:..y>^^ oFf^ ^^Arz^i^’n^r. J=^.cf^ „ ^©*r-^ rr»!THs /-*' •. — i.^ Mfc-i ^ cQ^AL^irjT: o*'«- 3**M:i Ot^A/tT^ -^//'iCf' C-oOr^ i • ••• • • limORY OF OWNFRSHII* - 1340 UALDUR PARK ROADP.l.D.omi ThruLsiLi jm 1974-77 ma 1979 1980-81 1982-83 198-1 1985 1986-88 1989 1990-93 1993Valuafiofl0006Pt. 21 Olson Can-AmHoldings Can-AmHoldings Can-AmHoldint*s Can-Am/Miller Can-Am/ Tonka I^ke Franklin Franklin Franklin Franklin Franklin 1,600 0007 22 Olson Can-Am Holdings Can-Am Holdings Can-Am Holdings Can-Am/ Miller Can-Am/ Tonka Lake Franklin Franklin Franklm Franklin Franklin 5,700 0008 • 23 Olson Can-Am Holdings Can-Am Holdings Can-Ain Holdings Can-Am/ Miller Can-Am/ Tonka Lake Franklin Franklin Franklin Franklin Franklin 5,700 0009 24 Olson Can-Am Holdings Can-Am Holdings Can-Am Holdings Can-Am/ Miller Can-Am/ Tonka Lake Franklin Franklin Franklin Franklin Franklin 3,700 0010 23 Olson Can-Am Holdings Can-Am Holdings Can-Am Holdings Can-Am/ Miller Can-Am/ Tonka l^ke Franklin Franklin Franklin Franklin Franklin 5,700 0011 26 Olson Can-Am Holdings Can-Am Holdings Can-Am Holdings Can-Am/ Miller Can-Am/ Tonka lake Franklin Franklin Franklin i-ranklin Franklin 5.700 0012 27 / Olson Can-Am Holdings Can-Am Holdings Can-Am Holdings Can-Am/ Miller Can-Am/ Tonka I^ke Franklin Franklin Franklin Franklin Franklin 5,700 0013 GAR 28 Olson Can-Am Holdings Can-Am Holdings Can Am Holdings Can-Am/ Miller Can-Am/ Tonka Lake Franklin Franklin Franklin Franklin Franklin 7,800 0014 29 Olson Can-Am Holdings Can-Am Holdings Can-Am Holdings Can-Am/ Miller Can-Am/ Tonka Lake Franklin Franklin Franklin Franklin Franklin 34,600 0015 HS 30 Olson Olson Olson Olson Olson Tonka l^ke Midwest Fed/ Tonka Lake Tonka Lake Duenow Mess Mess 212,400 0016 31 Olson Olson Taylor Olson Olson Tonka I^ke Tonka Ijkc Tonka Lake F'ranklin Franklin State/ Franklin 41.300 0017 32 Olson Oisoo Taylor Olson Olson Tonka l^ke Tonka Ijkc Tonka Lake Franklin Franklin State/ Franklin 34.6t'' C018 33 OIs<in Can-Am Holdings Can-Am Holdings Can-Am lluldingt Can-Am/ Miller Can-Am/ I'onka Lake Franklin Franklin Franklin Franklin Franklin 27,700 CITY OF ORONO>J GITYof ORONO Pnfl Uffle* Dot M* Crystal Bay, MinnaaaU S&3S3• ManMfal Oflieaa On the North Shore of Lake Minnetonka Juno 5, 1984 Mr. Jack Collins M1 dwcSt Fod*?ra 1 801 N'icollct Avonuo Minneapolis, Minnesota 55402 Re: 1340 Daldur Park Road - i’ewer Connection Roquirt*J Dear Mr. Collins: Per your request, this letter is to brief you on the matter of the required sewer connection for 1340 Oaldur Park Road. As part of Orono Sower Project 65-f.S-l, the City of Orono provided the capability f'"'r connection to nunicipal sewer to the Fred Olson property at 1340 Daldur Park Road, and assessed for the project in 1087. Connection to the system was made mandatory by December 31, 1969. A 1970 letter to Olson confirmed that the sewer was provided to the property and that he was already past the deadline for connect ion . Throunh 1973, Olson owned all of Lots 21 throuqh 33, owning all the property between his house and the sewer stub, which enters the property at Lot 21. In 19 74, f.ots 21 through 29 and Lot 33 vere sold to a Can- ,\n Holdir.ns, c/o a John Miller. In 1978, Mrs. Olson no longer was listed as the owner of Lots 31 and 32, and retained only Lot 30 contai.n- ina the residence. she was list*'d as owner of Lots 30, 31, and 32 ihirinq 1979 thromih 1981. As a rer.ult of property transfers, litiaation, ar.J other tr.insact ions of which I am not fully aware, our current r''c.ar<Js show that '’idw.'st P*'deral owns Lot 30, Tonka Lake Properties owns Lots 31 and 32, and a William Franklin owns Lots 21 throuah 29 and .o t 3 3. Th-* City has actively pursu«'d forcing the property owner to comp*.eto th»* sewer r>>nn<^ct ion since 1979, as a result of a City file search, which showed that nearly 5% of the houses where sower was available had never connected, N»>tices r»'<iuirinn connection were sent to Mrs. Olson on May 7, 1979, August 20, 1979, May 2, 1980, and August 12, 1980 durinrj which period an appixcation for subdivision of the entire property »i.o» I 21 through 331 had been in progross. Deadlines for connection Ml II S /WMM.I *• ? 1% >IIIMIMMH % IHi\ « I I\%MI mm m M \ 4* » • rr^ «Mr. Jack Collins June 5 Page 2 s^v were set by the City and were not met by the owner. On August 25« 1980 the City Council approved a final extension of the deadline for connection to Juno 1, 1981, regardless of the outcome of the sub division application. (Previous deadlines had been set based on allowing a reasonable period for completion of the subdivision and installing a sewer line with capacity to serve all building sites created) Mrs. Olson was required to sign an agreement that she %rculd make the connection before June 1. 1901. A $5,000 bond or letter of credit was required by the City. Prior to October 31, 1900, the tanks were to be deactivated and used as holding tanks until was connected# Mrs. Olsot and her agents failed to agree, and failed to provide th' letter of credit. On October 17, 1980, 3 ci^^•^t.lon was issued to Gladys Olson for failure to connect to available sanitary sewer. A complaint was further tiled with the Hennepin County Municipal Court on January 14, 1981. Because of the onqoing subdivision application and acts of apparent good faith by Gladys’ agent, Mr. Kaye WesterlunJ, the charges were eventually dismissed in fall of 1981, although Mr. Westerlund was notified that the property was still in violation. The subdivii;ion application was never completed. A second subdivision application was filed by' Gene Rarn>t and Associates on January 7, 1982. A $5,000 letter of credit for sower construction was filed on April 19, 1982, to be drawn upon by the City in the event the sewer connection was not completed on a timely basis. Carnst found that the City Council would not be willing to approve a total of four units on the peninsula and on Scptem±»er 13, 1982, Tonka Lake Properties, as the owner, withdrew the four-nnit PRD application and sought preliminary approval of a three-lot plat as had boon proposed in the original 1980 application. On September 27, 1982, preliminary approval was granted per Resolution No. 1415. The letter of credit (in the name of Deni is Killian) was extended to May 1 , 1983, and later extended to June 1, 1984 as a result of private litigations holding up the developers. The subdivision has never been completed and has expired. No work has been done on the property. The ownership of the properties has changed a number of times. The City allowed the letter of credit to expire on June I, 1984 without drawing upon it, based on the advice of tho City Attorney who noted bor»iuso of the wordinQ it would be nOiirly impossible to draw on without having already comoleted the work. We intend to proceed with a haiartlous building .iction on the b.isis that this IS a lakeshore prop*»rty with septic syst«'*ms not meeting code r«M|in rements and City si'wer available. Our intent is to prohibit occupancy of the house at IJ40 Haldur Park Road until the residence IS connected to the municipal sewer. I expect the hazardous building action will comm'nee early this summer. Hr. J-^ck Collins June 5, 1984 Pace 3 As far as tho technical aspects of connection, be advised that under current ownerships, easements for construction of tho sewer connection lines would need to bo obtained from two different property owners. Also our City Engineer has estimated the construction cost at about $15 000 Pocause of high water tables, part of the connection might include’sections of foreemain. A gravity sewer to serve three or four units was designed during the Earnst Subdivision but has not been thoroughly reviewed by the City Engineer as it is not proposed at this time. Any proposal for connection that you submit will bo reviewacl bv Citv staff to ensure it is feasible. I hope tnis ha.s boon helpful to you. furt.t-T questions. Please contact no if you have Sincerely. y .Michael P. Gaff-on Assistant Zoni Administrator cc: Gary Peterson (Tonka Lake Prop*'rties) William Franklin, Proadway f Mcs Bruce Malkcrson, City 'ttorn *y Glenn Cook, City Fnaint'cr Walter R. Denson, City Administrator V John R. G.?rhardson, Public works Coordinator Jearae A. Mabusth, Zonino Administrator File - 1340 Baldur Park Road Gladys Olsen . / lO: FROM: DAIK^ • Mayor Callahan and Orono Councilinc*mbcrs Rt)ii Moi)isc, City Administrator Michael I*. GalTron, Asst. IMatining & Zoning Administrator December 10, 1993 SUBJKCT: "Hag Lot" Ordinance \ C.\ At your last meeting, staff requested tabling this item so that the language could be "tweaked" anJ made more user friendly. In all cases, the changes do not change any concepts rccoinincnded by the Planning Commission, but wording is added, omitted, or revised for clarity. The changes consist of the following: • Definition of back lot slightly revised for clarity. • Definition of f.oni lot added. • Wording for where and how lot width is to be measured has been revised for clarity. • Tlie terms "required side yard", "required rear yard", and "required lakeshore yard" have been substituted for "side yard", "rear yard" and "lakeshore yard" wheie appii*priate, to preserve the distinctitrn between a required yard depth as opposed to the actual yard depth based on the actual building hKation. • Under access requirements, the 10’ setback fitr parking areas has been omitted since that aheady occurs in Section 10.61. 'Ihe Building Zoning Department staff have reviewed the ordinance and find a valid basis fitr its coiKcpts, and have discussed how it will be implemented Its applicability only to back lots created after 1/1/94 makes its implemetMation relatively simple. A copy of the oidinance submitted for your last iueeting has been included, with the sections that have been revised Iveing circled. .^s r>f this writing, these mitu»»^ revisions hitve been forwarded to Planning Commission Chairman ('hailes .Schioeder for review, athJ his cotnments, if any. will be relayed to Council Monday night. , Second Senes, per the att^hed , to adopt Ordinance No. Sfaff Ret omm< tidal ion Staff lecommends approval i f Ordinance No.____ draft Moved by _ , seconded by _ __ , Second .Scries, an ordinance to amend the Municipal Zoning Code and Subdivisioii Code by defining standards lor tlie creation ainl use of lots which do not abut a public or private to.h1. __ ayc\,___nays ch ORDINANCE NO., .SECOND SERIES AN ORDINANCE TO AMEND THE .MlJNIUl’AE ZONING CODE AND SUBDIVISION CODE BY DEFINTNT; S l ANDARDS FOR 1 HE CREATION AND USE OF EOlS WHICH DO NOr ABUT A PUBLIC OR PRIVA I E ROAD Tin* CITY COUNCIL OF OkONO ORDAINS AS FOLLOWS: SF.CTION 1. Municipal Zoning Code Section 10.02 and Municipal Subdivision Cod2 Section 11.03, Subdivision 2 are each hereby amended by adding the following definitions: "Un-Back" - A lot typically separated from a public or private road by another lot and which gains access to the public or private road -'ia a narrow corridor. Such a separaied lot is considered to be a 'back, lot" when the corridor is platted as an outlot. A separated loi is considered to be a "Hag lot" when the corridor is platted as part of the lot. When the corridor is merely an easement over another lot, the separated lot is considered to be an "ca.sement back lot". "Un-Front" - A lot abutting a public or private road, across which an outlot has been platted for access to a back lot. SECTION 2. Municipal Zoning Code Section 10.03 is amended by adding SuWiv ision 27 which shall read as follov^ Subd. 27. .Special Standards foi Lack Lots Created After January 1, 1994. Back lots as defined in this section which were treated as part of a subdivision that received preliminary subdivision approval after January 1, 1994 are subject to the following special requirements in addition to the standards required in .Section 11.31, Sulxlivivion 5 of the Orono Sulxlivision Ctnle: A.Dimensional standards for back lots shall lie as follows: 1 2. Lot area slutll be 150*1 of the zoning district requirement. U>l width measured parallel to the front or street h>l line at the sliect \.inl setback line of a lakeshorc back h>l, or at the front yard setback line of a nonlakeslu re back lot, shall meet the /oninj district width requirement I'hc sttcel yard or front yard for any back h»t will be a yard starting wlurc the narrow access outhit corridor ends ,tiul tire lot begins l.akeslxire back lol.s shah meet the lot width sla^klard at the sluneline. at the lakeshore setback line, and at the street yard setback line. 3. The depth of the required str' -H yard or front yard sliall be 1507c of the zoning district front yard requirement. 4. The required side yard and rear yard depths for back lots shall be \'^}7c of the zoning district yard requirements. The required lakeshore yard of a lakeshore hack lot shall meet the zoning district lakeshore yard requirements. B. Dimensit nal standards for front lots. A front lot created as pari of a front/back lot division shall meet all zoning district area, width and setback standards, e.xeept that the required side yard of the front lot adjacent to the access outlot shall be equivalent to the side street yard requirement for that zoning district. C. Access requirements. 1. 5. Access oullols shall be 30 ’ mininuiin width, and shall be wide enough to accommodate drainage, snow removal and screening without encroaching on neighboring properties. In approving front/back lot divisions, the City may require that both front lot and back lot .share a driveway access within the access outlot if Council determines that creating an additional access to the existing street will be a potential s,ifety hazard. Driveways within a back lot shall be located at least 10’ from tlic side or rear lot lines of adj icent lots. No more than two residences may be served by a driveway located within an access outlot. No access outlot may be platted abutting an adjacent access outlot except when the intent is to combine the two access outlets for creation of a public or private road meeting City standards. .Screening requirements. 1. Driveways constructed in access outh>ts shall be adequately screciKd by fencing or vegetation at tlte discretion of tlie City, at all points to tlic rear of the required street yard of the front lot. so as to eliminate intnjsion of vehicle headlights irMi) tl»c side or rear yard of adjacent l”is 2.The street yard of the back lot shall be adequately screened by fencing or vegetation at the discretion of the City, so as to eliminate intrusion of vehicle headlights into the side or rear yards of adjacent lots. Standards for accessory stnictures. Accessor)’ structures shall adhere to all requirements of the zoning code, » ,n the following additional requirements: 1 Acces.sory stnictures within a back lot .shall be allowed no closer than 10 ’ to a neighboring property ’s side or rear yard. Am ,Accessory stnictures shall not lx; allowed within the required street yard t)f a back U)t nor within the required rear yard of a f.ont lot which abuts the street yard of a back lot. 3. No acccs.sot7 structure st.all be allowed within an access outlot. Sl-CTION 3. Orono Municipal Code Section 11.31, Subdivision 5 is hereby deleted and the following language substituted in its place: Subdivision 5. Double frontage lots, access to lots, and front/back lot divisions. A. Double frontage lots. Double frontage r .. reversed frontage lots shall be avoided except where neccssar)' to provide separation of resider*ial development from traffic artcrials or to overcome specific disadvantage* of topography and orientation. U. Access from any arterial roadway. Ians shall not, in general, derive access exclusively from an arterial roadway. Where driveway access from any arterial roadway may be necessary for several adjoininc lots, the Council may require that su*.h lots be served by a combined acces^ drive in order to limit possible traffic hazard on such roadway. Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on any arterial roadway. ('l-ront back lot subdivisions. "Mag lots" and "casement back lots" as defined in this Chapter (sec definition of "Lot Back") shall not be created. Front/baek lot divisions shall be allowed only in conjunction with the creation of a» outlot to provide access Irt'in the hack lot to the public or private road. Such outlot shall not be allowed as creditable lot area for w.tber the back or front lots. I rimt'back lot subdivisions shall adhere to the following standards: 1.Applicability. a. Front/hack lot divisions may be used when existing property dimensit)ns are narrow and deep, such that lot width does not allow for a side-by-side lot split, but acreage is adequate to p’-ovide a "front lot" and a back lot without requiring an area variance when the area of llie outlot access corridor is excluded. b. Front/back lot divisions may be used for individual "lot splits", but may not be used when subdividing a large parcel into numerous lots if creation of a back lot is merely a convenience to the developer ratlicr than supported by unique site factors. c. A front/back lot division shall not be allowed when any existing residence on a neighboring property abutting the proposed access outlot is located nearer its affected side lot line than a distance equivalent to the zoning district required front yard dcpUi. Dimensional standards for back lots shall be as follows; a. b. c lx)t area shall be 150% of the zoning district requirement. Lot width measured parallel to the frvmt or street lot line at llip street yard setback line of a lakesht)re back lot, or at the rear of the front yard setback line of a nonlakcshore back lot, shall meet the zoning district width requirement. The street yard or ft out yard tor any back lot will be a yard starting where the narrow access outlot corridor ends ainJ the lot begins l.;ikeshore back lots shall meet tfw lot width standard at the shoreline, at the lakcshore setback line and at the street yard setback tine. 1 he depth of the required street yard or front yard shall be 150% of the zoning district front yard requirement. Ihc required side yard and rear yard depths for back lots snail be 150% of the zoning district yard rrquiieiiKnts. The required lakeshore yard of a lakcshore back lot shall meet the zoning district lakcshore yard requirements 3 6. Dimensional standards for front lots. A front lot created as part of a front/back lot division shall meet all zoning district area, wic h and setback standards, except that the required side yard of the front lot adjacent to the access outlot shall be equivalent to the side street yard requirement for that zoning district. Access requirements: a.Access outlots shall be 30’ minimum width, and shall be wide enough to accommodate drainage, snow removal and screening without encroaching on neighbo' ing propenies. b.approving front/back lot divisions, the City may require that both front lot and back lot share a driveway access within the access outlot if Council determines that creating an additional access to the existing street will be a potential safety hazard. c.Driveways within a back lot shall be located at least 10’ from the side or rear lot lines of adjacent lots d. No more than two residences may be served by a driveway located within an access outlot. e.No access outlot may be platted abutting an adjacent outlot except w'hen the intent is to combine the two access outlots for creation of a public or private road meeting City standards. Screening requirements and accessory stmctiire standards. Pront/'back lot subdivisions shall be designed in a manner such that the screening requirements and accessory stnicture standards of Section 10.03, Subdivision 27 can be met. The requirements and standards of this section shall apply only to those front/back lot divisions which receive preliminary plat approval after January I, 1904. SliCTlON 4. Adoption and publication. 1 his ordinance shall be published in the Ptoncer and the Laker newspapers and shall becotne effective itnmediately upon publication. 3 Adopted by the City Council of Orono, Minnesota on tliis , 1993, by a vote of__ayes and _ nays. day of Itdward J. Callahan. Jr., Mayor ATTHST: Dorothy M. Ilallin, City Clerk (set 4>AAf ^rA'C’t) ORDINANCE NO., SECOND SERIES AN ORDINANCE TO AMEND THE MUNICIPAL ZONING CODE AND SUBDIVISION CODE BY DEFINING STANDARDS FOR THE CREATION AND USE OF LOTS WHICH DO NOT ABUT A PUBLIC OR PRFV'ATE ROAD 1 HH CITY COUNCIL OF ORONO ORDAINS AS FOLLOWS: SECnON I. Municipal Zoninp Code Section 10.02 and Municipal Subdivision Code Section 11.03, Subdivision 2 are each hereby amended by adding the following detinition: "Lot-Rack " - A lot typically separated from a public or private road by another lot and which gains access to the public or private road via a narrow corridor typically 10’ to 50’ in width, which corridor is platted is an outlet. A back lot is considered to be a "flag lot" when said corridor is platted as part of the back lot rather than as an outlot. When aid corridor is merely an easement over another lot, the back lot is considered to r. :.n ■■easement backJoLL. luK '7.^4- Ff0^4“^ Muflliipal Zoning Code Section 10.03 is amended by adding Subdivision 27 which shall read as follows: Subd. 27. Special Standards for Rack I.ots Created After January 1, 1994. Back lots as defined in this section which were created as part ot a subdivision that received preliminary subdivision approval after January 1, 1994 are subject to the following special rctjuircments Hi addition to the standards reejuired in Section 11.31, Subdivision 5 of the Orono Subdivision Cixle: A. Dimensional standards for back lots shall be as follows: 1. Lot area shall be l.*^0% of the .*oning district requirement Lot width measured parailel to the street at tlie rear of the street yard of a lakeshore back lot. or at the rear of the front yard of a nonlakeshore back lot, shall meet the zoning district width requirement. The street yard or front yard for any back lot will be a yard starting at the point where the narrow access outlot corridor ends and the creditable lot area begins. Lakeshore back lots shall meet the lot widths standard at the shoreline, at the Iakcsht>re setback, and at the rear of the succt yard J 3.'Hie depth of the required street yard or front yard shall be 150% of the zoning district front yard requirement. 4.'I he'^ide,vard and rear yard depths for back lots shall be 150% of the zoning district yard requirements. The U^^*shore yard of a lakeshore back lot shall meet the zoning district lakeshore yard requirements. imensionaTstaM for front lots. A front lot created as part of a front/back lot division shall meet a^ zoning district area, width and setback standards, except that yard of the front lot adjacent to die access outlet shall be equivalent to the side street yard requirement for that zoning district C. Access requirements. 1. 4. 5. Access outlets sliall be 30 ’ minimum width, and shall be wide enough to accommodate drainage, snow removal and screening wiUiout encroaching on neighboring properties. In approving front/back lot divisions, the City may require that both front lot and back lot share a driveway access within the access outlet if Council determines that creating an additional access to the existing street will be a potential safety hazard. Driveways parking afea»within a back lot shall be located at least 10 ’ from the side or rear lot lines of adjacent lots. No more than two residences may be served by a driveway located within an access outlot. No access outlot may be platted abutting an adjacent access outlot except wl.en the intent is to combine the tw o access out lots for creation of a public or private road meeting City standards. Screening requirements. 1. Driveways constructed in access outlots shall be adequately screened by fencing or vegetation at the discretion of the City, at all pi'ints to the rear of die required street yard of the front lot, so as to eliiniiute intrusion of vehicle headlights into the side or rear yard of adjacent lots. r E. 2. Tlic street yard of the back lot shall be adequately screened by fencing or vegetation at the discretion of the City, so as to eliminate intrusion of vehicle headlights into the side or rear yards of adjacent lots. Standards for accessory stnictures. Accessory structures shall adhere to all requirements of the zoning code, with the following additional requirements: 1 . Accessory structures within a back lot shall be allowed no closer than 10 ’ to a neighboring propeny’s side or rear yard. 2.Accessory structures shall not be allowed within the required street yard of a back lot nor within the required rear yard of a front lot which abuts the street yard of a back lot. 3. No accessory structure shall be allowed within an access outlet. SECTION 3. Orono Municipal Code Section 11.31, Subdivision 5 is hereby deleted and the following language substituted in its place: V /> Subdivision 5. Double frontage lots, access to lots, and front/back lot divisions. Double frontage lots. Double frontage.and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to over :ome specific disadvai.tages of topography and orientation. Access from any arterial roadway, l^ts shall not. in general, derive access exclusively from an arterial roadway. Where driveway access from any arterial roadway may be necessary for several adjoining lots, the Council may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such roadway. Where possible. I driveways shall be designed and arranged so as to avoid requiring vehicles I to back into traffic on any artenal roadway. C. Front/back lot subdivisions. "Flag lots" and "easement back lots" as defiiK-d in this Chapter (see definition of "Lot Back") shall not be created, l-rontyback lot divisions shall be allowed only in conjunction with the creation of an outlot to provide access from die back lot to the public or private road. Such outlot shall not be allowed as crediuble lot area for cither the back or front U'ts. Frontyback lot subdivisions shall adhere to tire following standards: r I.Applicability. a.FroML/back lot divisions may be used when existing property dimensions are narrow and deep, such that lot width does not allow for a side-by-side lot split, but acreage is adequate to provide a "front lot" and a back lot wiiliout requiring an area variance when the area of die outlet access corridor is excluded. b.Front/back lot divisions may be used ‘‘or individual "lot splits", but may not be used when subdividing a large parcel into numerous lots if creation of a back lot is merely a convenience to the developer rather than supported by unique site factors. c.A front/back lot division shall not be allowed when any existing residence on a neighboring property abutting the proposed access outlot is lo<'ated nearer its affected side lot line tlian a distance equivalent to die zoning district required front ya. ^ depdi 2. Dimensional standards for back lots shall be as follows: a. rr Lot area shall be 150% of the zoning district requirement. I.ot width measured parallel to the street at the rear of the "street yard" '’f a lakeshore back lot, or at the rear of the front yard of a nonlakcshorc back lot. shall meet the zoning district width requirement. The street yard or front yard for any back lot will be a yard starting at the point where the narrow access outlot corridor ends and the creditable lot area begins. Lakeshore back lots shall meet the lot width standard at die shoreline, at the lakeshore setback aiKl at the rear of the street yard.^ c. } The depth of the required street yard or front yard shall be 150% of the zoning district front yard requirement. 1 he^ade yard and rear yard depths for back lots shall bc^ 150% of the zonmg district yard requirements. The^„##9 lakc.shore yard of a lakeshore back lot shall meet the zoning district lakeshore yard requirements. iL 6. Dimensional standards for front lots. A front lot created as part of a front/back lot division shall meet aU^z^ging district area, width and setback standards, except that tliCi^ide yard of the front lot adjacent to the access outlot shall be equivalent to the side street yard requirement for that zoning district. Access requirements: a. b. Access outlots shall be 30’ minimum wi.jth, and shall be wide enough to accommodate drainage, snow removal and screening without encroaching on neighboring properties. In approving front/back lot divisions, the City may require that both from lot and back lot share a driveway access w'thin the access outlot if Council deteruiines that creating an additional access to the existing street will be a potential safety hazard. d. No more than two residences may be served by a driveway located wnhin an access outlot. e. No access outlot may be platted abutting an adjacent outlot except when the intent is to combine the two access outlots for creation of a public or private road meeting City standards. Screening requirements and accessory structure staiKlards. Front/back lot sulxlivisioiis shall be designed in a manner such that the screening requirements and accessory structure standards of Section 10.03, Subdivision 27 can be met. I*he requirements and standards of this section .shall apply only to those front/back lot divisions which receive preliminary plat approval after January 1, 1994. SUCTION 4. Adoption and publication. Tliis ordinance shall be published in the Pioneer and the I.aker newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orono. Minnesota on this . 1993, by a vote of__ayes and___nays. day of Edward J. Callahan, Jr., May^r ATI'EST: Dorothy M. Ilallin, City Clerk wI V. r. • # r r r •.' r f arr t pr rt I ( I f I / ro: Fronj: Date: Ron Moorse. City Administrator COUNCIL MEETING DtU 1 3 1993 Michael P. Gaffron, Assistant Planning & Zoning Adminisifti December 0. 1993 mVOFORON Subject: Status Report - B-2 Zoning District Review Following is a brief review of the activity of the Planning Commission to date regarding the B-2 zoning district review; • April 8, 1993 - Planning Commissioti reviewed March 10. 1993 staff memo including draft Section 10 41 amendments. Planning Commission concluded they needed more direction from Council. B-2 public hearing originally scheduled for April 19 was postponed indefinitely (and would need to be rescheduled). • May 1993 - New Planning Coinmission appointments resulted in four new members. • August 18. 1993 - Joint CourKil/Planning Commission work session - Council reviewed B-2 issues and Council goals w ith Planning Commission. • September 14. 1993 - Planning Commission work session on D-2 - Staff gave overview of B-2 disirict. historv of regulations, etc. Planning Commission requested staff to provide site plans and specific infomntion on each marina, then Planning Commission should visit each site and meet again to prioritize what things rwed to be changed The next meeting should perhaps include additional input from the marimis if possible, to get a better sense of what the marinas really want to be Staff to confirm what is the status of marina regulation in other l,al.e MiniKtonka cities, and discuss with City Attorney where our limits arc in regards to requiring changes to long standing conditions. • I he packet of information was provided to each Planning Commissioner sfH)rily after the 9/14 93 meeting, and in October it was suggested to the members that they visit the mannas individually due to the problem in coordinating schedules with members and the marinas. • Some Planning Ct'mmiNsioicrs have visited marinas to date. ® The next work >csv»«*** i,r B 2 is scheduled tor Wednesday, December 15, 1993 at 5:0U P m in the ('tninci.' The nuniu operaton have been nofificd of this meeting It appears unlikely that the Planning Csmumssioo will conchade its w«>rk on the B 2 taaue betorr January 1 In order ft*' Plaiuung (\mimissioo mum w tih a recoouBeadatioa by the end of Manrh, at least t«ie extra nxetu^ per imntth will likely he needed m January, February and March A tertfalivt work schcthile is attached ftw Council to roiesa and Plann inf CominissHm to confirm at their Deccn^ier 15 meeting In a related matter, mwe that staff has pr^ipswed a lesriaed mtfUM license fee tclutbife for 1994 whK.h elinmtaics uMsy the number of as a basis for the hcconc fee Marmn iKCoac appltcattoics wiM he maikd na toon as the 1994 Fee !k:heshife has beea apprs»v«d PROPOSED REV!i:W AND AMENDMENT OK B-2 ZONINC; DISTRICT STANDARDS PLANNING COMMISSION l ENTATIVE WORK SCHEDULE (SURIECT TO APPROVAL) PcLember 15: (Work Session) Beein review of 3/10/93 draft proposed amendment, concentrating on Pemiitted use> (Subd. 5) Accessory uses (Subd. 6) Conditional uses (Subd. 7) Address these use questions: 1. Is the draft inclusive of all known potential appropriate uses? 2. Should si)me uses change category? 3. Which uses need to be linked to specific performance standards? Staff tc review other lake cities’ codes. January 12 (Tentative): (Work Session) ■ Review: • Parking requirements (Subd. 8) • Yards (Subd. 9) • Landscaping areas (Subd. 10) • Area, height. lot width and yard requirements (Subd. 12) Staff to report on discussion with City Attorney re: potential for and limits on requtring changes to existing conditions at mannas. February 10 (Tentative): (Work Session) Review:m m General performance staiKlards (Subd. II) Setback, hardcover aral tree removal regulations (Sub. 13) Drainage (.Subd. 14) March 3 (Tentative): (W'i)rk Session) Rev lew:Non-conforming uses (Subd. 15) Variances (Subd lb) Variances for requ'rcd landscaping areas (Subd. 17) Regulation relating to . dtxks. etc. (Subd 18) Reference U) other ordinances (Subd. 19) PurposeDermitions License Required/Appiicatioii (Subdt. M) March 21 (Regular Meeting) General: a Hold public hearing on B-2 draft proposal Result may be: 1. Send to Council 4/11/93 for final consideration and adoption. 2. Schedule a further Planning Commission meeting to consider additional revisions. hitent would be to publish/posl notice of work sessions and specifically notify marinas and all property owners within 350’ of marinas of the work session and public hearing dates. On December 15, Planning Commission should confinn whether they are comfortable with this process and/or revise it. and confirm dates and times. m Bonestroo Rosene Anderlik & Associates Ofto Cl Sorvufoo ROCX^ • Xneoh C Ancjfffek Pt n L Vyvjij Pi ff njifci t fho#Twi% fe ^^cyei PC 9c€)en O Sc^'uoit^w PC ^juWM M CD<»^t«n CPA Engineers & Architects Mcwy^ A S^tord PC ic«h A Gcxoon PC «U)ea « P»H¥fie PC t^rvjid W PE Ojn^ O LOWtd PC Pooert C Posse* A»A A Soijfiyy^ Pi h/lMtu A Hanson PC Mchjel T Rjutmsnn P£ Tim P F«ew PC Thomas P Anderson A I A OonanJ C Soit^aidi PE Thomas C Angu\ PC ismae> Ma/rmer PC M<nae< P taw PC PfxPp J Pyne PC Aqnes M Pmg. A IC P Trxvnas W Pr^fnon PC M<haei C Lvrvh PC James P Maiand PC .erry O Perr/vh PC vr^r^eth P Anoenon PC Mark P POPl PC Mark A Se«a PC Gary W Monen PC Oan«i J Cdyerton PC AOan Pc« ScnmiJL PC Phap j CasvweP PC Man D Waai PI Maes a Jensen PC L Phahp Grave* m PC «-aren L Weman PC Gan^ D Kr»sioT</ PC F lortd Cosier PC Penn ff yjop PC Ox>grai J SenoC PC Vtawn O GusiaTsor PC CecAij Ow PC Charles a Crvitson December 7, 1993 City of Orono 1335 Brown Road Crystal Bay, MN 55323 Attn:Mr. John Gerhardson Public Works Director Re:Stubbs Bay Sanitary Sewer Improvements File No. i3937 Dear Mr. Cierhardson: FMeasc find enclosed three (3) copies of Request for Payment No. 8 for the above mentioned project for your further handling. Tliis portion of the work has been satisfactorily completed and we recommend parti.il payment in the amount of $113,192.88. In addition, the Contractor has requested that the retainagc be reduced; the amount due reflects a reduction in retainage from 5% to 2.5% which we feel is sufficient for the balance of the project. Upon approval, we suggest the following distribution: 1 copy - 1 copy - 1 copy • Citv Bonestroo PC^l with payment Should you have any questions, please feel tree to call. Yours ver\ Irulv. B(3N!><IKOO./ROSf:NK. ANTORLIK & ASSOCUim INC. Marian M. Olson MMO;pah:cnc lWS7.(TnR 23JS Hl<^iw»y 36 • St. P«ul. MM 55113 • 612*636-4600 l/jj Oonciifoo Owner ('ity of (Jrono, 133.3 Brown Hoad, Crystal Bay, MN 55232 Date* December 7, I9‘I3 S—IfOSCvIv & S Amleriili 4 • ill AbmkUuj Fur PrritHl Ociober 7, |W3 (o Pcccmhcr 7,Rcf|tiest No. 8 ^ ^ ('ontractor Progressive ('oiilraciors, Inc., 8736 Zachary Lane, Osseo. MN 55369 REQUEST FOR PAYMENT Slubbs Hay Sanitary' Sewer Improvemenls 1-ile No. 13937 SUMMARY 1 Original ('oniraci Amount 2 ('hangc Order • Addition 3 ( hangc Order - Ueduction 4 Revised Contract Amount 3 Value ('ompleted to Dato (> Material on I land 7 Amount Hurned $ $ $ 43,991.60 8 Less Ketainage 23% 9 Subl'otal 10 Less Amount Paid Previously 1 1 AMOUNT DUL II IIS R1 OUliS”! I OH PAYMLN I NO. Uecominended firr Approval by: BONESTROty KO.SENE. ANJJERLIK & ASSOCIATES. INC. Approved by (ontractor: PROGRESSIVE CONTRACTORS, INC, Appros'cd by Owner: cm' OF ORONO, NLN Spmlred Contract Compictioo Uaie: OtTtmi B 13. I9V2; JULY 31. 1993 Date:. mnfirr I.480.33I.95 $1.524,323.55 s 1.424.276.61 $0.00 $1,424,276.61 $.35,606.92 I 1,.3KS,669.69 s 1.275.47 i>.«1 $113.192.Sb luw Uuii PASH tiin • Slubbs Hjv Nottlmcsl. Siul>bs Hav NorlliCANl. and Havsule I’aNt I 1 3 4 5 h 7 6 M 10 11 12 13 14 15 16 17 18 IQ 20 21 22 23 24 25 26 27 28 2Q 30 31 32 3] l*afl A - Satiilafv Sc\»cr K" |'Vt\ SDK 35. 0*-8' deep la place 8' PVC. SDK 35. 8*-10 ’ deep in place 8' PVr. SDK 35. 10 -12* deep in plate 8- I'VC. SDK 35. I2* I4* deep in place 8" l‘VC. SDK 35. I4*-16* deep iti place 8* I'VC*. SDK 26. 8*-IO ’ deep lu place 8- I'VC*. SDR 26. 10 ’-I2* deep lu place 8" I'VC. SDK 26. 12*-14* deep lu place 8 “ I'VC. SDK 26. 14'-16 ’ deep in platx’ 8- PVC. SDR 26. 16 ’-I8* deep in place 8- PVC*. SDR 26. l8 ’-20* deep iii place 8" PVt*. SDK 26. 20*-22‘ deep ui place 8" DIP. 8 ’-10* deep m pbcc H" DIP, 10'-1 2* deep in place 8* DIP, 1 2’-14* deep in place 10" PVC. SDK 35. 0*-8* deep in plai-« 10" PVC. SDK 35. 8* 10* deep to place 10" PVC. SDK 35 !0*-l2’ deep in place 10* I'VC. SDK 35. I2*-I4* deep lu place 10* PVC*. SDK 35. 14*-16* deep ui place 10" I'VC. SDK 26. 12 -14* deep in place 10" I'VC*. SI )K 26. N* 16* deep iii place 10" PVC*. SDK 26. 16 -18* Jeep in |»l..te 10* I'VC. SDK 26. l8*-20 deep in place 10" Dll’. 14 ‘-I6* deep III pl.ice SliL Mil 8* dp.. 4' dia . KI642lte»lf. .Mil dcplb gn ti'-r than 8* tkep 8" DIP, outside drop 6* PVC". SDK 21. (nice uiaui Jaci or augur 6" PVC. SDK 21 lores uiaHl 4* PVC. SDK 21. fon-c mam Atf trieaac aiaabole Rtxli eiabtUaaliua Cuulrati Quaolil) UnM Price Quaulily Tu UmU Aaiouol To DtoU u*615 14.00 755 10.570.00 u-1 .775 I4.U0 1.806 25.284.00 IJ-M75 15.00 1.014 15.210.00 u*215 16.00 IKU 2,880.00 I.H 230 17.50 .347 6.072.50 IJ-55 15.00 LI-115 16.00 118 1,888.00 LP 355 17.00 182 3,OV4.0O I.H 300 I8..50 7.34 1 3.579.00 IJ^310 20.00 122 2.440.00 !>'315 23.00 250 5.750.00 u-115 27.0<l 169 4,563.00 I>120 22.00 IJ-30 23.00 162 3.726.00 LF 35 24.00 20.5 49100 LF 425 15.50 415 6.431.50 LF 130 15.50 2.5 387.50 IP 105 I6..50 171 22121.50 IJ*340 18.00 277 4.986.00 LF 135 19.50 49 955.50 LF 245 1 9 (JO 421 7,999.00 LF 440 20.50 453 9J86J0 IJ-4a5 23.00 300 6.9CKUW u-40 27 00 35 945.00 IP 30 31.50 30 945.00 L/\36 IJ50 0U 36 48.NJOJJO LF 140 90.00 152.2 13.698.00 LF 15 2.50 00 19.2 42100 00 U «n II 00 93J UU61C0 LF 60 IJCLUO 101 I3.6$a00 IP 2.800 lOOil 2>T 2R7SO.0O i-:a 1 2.000.00 2J0UQ-QO IN 500 11.10 3Jl.i:3.675 41 IliiTftfT RP I r lUui 34 C'uuuccl 6” rVC into cxtstiug manhole 35 8'^4" I’VC service wye branch 3h 4" I’VC service pijK' iii place 37 4" I’VC service riser pijn; in placa 38 luipioved pH>e f Ju. in b" lucrenicnl deplli 39 Mechanical trench compacuon 40 llctour per detail 41 liLsulalioti 42 Saiiiiary sewer television inspection 43 Access ujanhold (AddenJuin 2) T otal Part A • Sanitary Sewer I’ail It • Rcsiontioti 44 Uituniuinus surfacing renioval 45 ('oiiinioit excavalHiii 46 CL 5 aggregate base (lOO'.f crushed) 47 CL 2. aggregate shouldering 48 Type 31 bituminous base course 49 Tv|k- 41 bituminous binder course 50 T)ih: 41 biiumuious wearing course 51 AC'-1 bituniuious material lor mix 52 Uiluntinous material for tack coal 53 Itilumumus material for seal coal 54 l'A-3 seal coal aggregate (CL A) to pL 55 Hiluiuiuutu material for paiciiing 56 12" K^T’. f 3 “• 57 18" K('P. Clasx 3 ui place 58 24* RCP. Class 3 in place 5U 3^'' KCP. 3 in place 60 12* KcT tlaied end in place 61 18* Kl P Hared end in plac^e 62 24" Kt I* flared cud w.trash guard in pL 63 16* RtT Hared end w/trisb guard in pi, 64 Mcchantcal trench cxrmpaciHiii 65 Itiipt. pi|K idn. in 6* luetcuicul depth 66 Remove eusting CMI* utheri I wiTflf P ('oBtriicl Unit (^uaotily Aoiou ol Unit Quanifiy l'ru-»I'u DtiU To Dfilr lv\1 40O00 1 400.00 liA 85 60.00 84 54)40.00 2.100 11.50 1.950 22.425.00 IX'100 11.50 78 897.00 IX 24.000 1.40 20.115 28.161.00 IX 14.875 1.00 13.593.5 13X93.50 l.s 1 6.000.00 I h.OOO.OO SY 300 20.00 75.5 1X10.00 u-8.075 0.60 7.985 4.791.00 liA 1 1.500.00 1 ____L'*DU-0H_ S344.960.93 SY 11.000 1.75 10.493 18,36175 ('Y 6.000 3.70 6,ti09 24.f-53.30 TN 7.800 8.50 8.875.62 75.44177 TN 400 12.50 8061)10.076.38 TN 1.400 14.50 1.409.53 20.438.19 TN 450 15.00 588.25 8XU.75 TN 1.000 16.00 1.221.38 19X4108 IN 167 120.00 I7I.9 2U.628.00 CL IJOO 1.30 600 780.00 (TL 1.400 3.00 1.800 5.400.00 IN 70 50.00 90 4X00.00 SY l.C*00 2100 792.44 17.433 M U'150 I7..50 518 9.065.00 IX 75 20.50 IX 50 25.90 u-40 48.45 liA 10 3654)0 lA 4 410 00 LA s mm 1,003.00 VA 1.66U.LU IJ 315 i.OO IF .RTO 2.00 *m m ^son HP 2 luai 67 {'liter Mjukcl iu place M Uipiap, ('L III III place 6'J free tcuutVal 70 Sod with 4 “ topsoil 71 Seed w/lo|isoil, mulch ferlili/cr 72 lirosioii control fcuce 73 Wood liber blauket 74 I’uiuctb auJ plaul livergreco tree (Hlue Spruce) 6* high 75 I'uiiiish aud plant shade tree (Sugar M< pa;) 4 diameter 76 Rcuiovc A repi wood or chain link fence 77 Remove .k Ir.iasplanl bushes 78 Ueniove A transplant tree - Desiduuus 79 Remove A irausplaut tree ■ ( ouifcrous 80 Geutextilc fabric (Adck ndum 2) Total Part H • Resloralioii Part C • I ill Station #1 • West l^ikc St. HI Lalt Station No. I Total Part C • Uft Sla. #1 - W Uke Si. Part I) - lalt St itmn 01 • Tonka Avenue 82 l ilt StalNin No. 2 Total Part U • loft Stx # 2 - Tonka Av Total part A Sanitary Sewer Total Part B • Restoration Total Part C - LS. #1 • West Ukc Si. I’utal Part L) - LS. #2 • I'ooka Avenue TOTAL n.vsr Bin Al II HNAII-: NO 1 • RFDI RWOOD Part A • Sanitary S wei it r PVt\ SDH 35. O' «• deep in place 84 8* PVi\ Sim .35. 8'-|0* Jeep is place I3U7IUP C-JBlract Ontt Quauliiy Ajyoyui UoM Ouantilf Price To Itat#Ttf D«u SY 200 2250 SY 200 4.5.00 VA 175 115.00 151 13.875.00 SY 14.000 2.00 8.596 I7.191t)0 AC 4 800.00 1-5 1.200.00 IJ*42>00 2.00 1.990 3.980.00 SY IJ>00 1.10 1300 1.430.00 p:a 6 350.00 liA 6 3.50.00 IJ-bOO 10.00 l-A 12 50.00 liA 12 100.30 UA 12 100.00 SY 1.5.000 1..50 15.915 73 87150 $30127.5.39 liJ 1 60.400.00 100%.. ,fiO-4DaOQ S60.400C0 IS 1 50J50.00 iU0'/5i 50 150 on U LP HP 3 625 405 13.00 1)00 2)7 476 S50J50.00 344.900.93 rw)2.275.39 60.4IXL00 <11 15a OQ I7S7.98A32 jjosi.oa IlcAl 85 8" PVC. SDK 35. 10’-I2* deep iit place K6 8" PV(\ SDK 35. I2'-I4’ Jeep lu place 87 8* l’V(*. SDK 35. I4’ I6' deep iii place 88 8" PVC*. SDK 26. 0‘-8* deep in place 8S> 8‘ PVC^ SDK 26. 8*10 ‘ Jeep lu place SHJ 8* PVC*. SDR 26. I0’-12' deep lo place 91 8" PW. SDK 26. 12 -14’ deep in place 92 8" PVC*. SDR 26. 14’-I6’ deep in pl.ice 93 8" i'VC*. SDK 26. 16’-I8’ deep in place 94 8" PVC. SDR 26. I8’-20* deep lu place 95 *• PVC*. SDK 26. 20’-22’ deep in place 96 8" DIP. 8*-l0 ’ deep in plate 97 8* DIP. I0'12* deep in place 98 Sid. Mil 8’ dp.. 4’ dia.. vc/R1642Licsl*. 99 Manhole dcpiU greater than 8’ deep 100 4" PVc*. SDK 21. force mam 101 8" X 4“ PS'C service wyv branch |02 4“ PVC* service pi|i< ui place 103 4* PVC* sciMce riser phh; in place 104 Mcchaokal trench couipaclKiu 105 Improved pijie fdn lu 6" lucrcuicat depth iU6 Rock klabihzatiou 107 Sanitary sewer tclevuiou mmietiruu Total Pari A • SauiUry Sewer P,pi H ■ Restoratipn 108 Hituniuiotts removal 104 Coutuiou cxcavataiu 110 Cla»* 5 aggregate (lOO'T crushed) 111 l>pe 31 hiiuntinous base course 112 t ype 41 biiuiuuious bwJer course 113 Type 41 bauiuuioua «annf course 114 At’ l bmiimnoua nalertal for mu 115 Uiturmamr* mal« rial for lack ||6 Tree removal 117 lUtumuuiu ■utenal lor pauhwg i iui? hi f CuoIrMci Uttii Ouaotit}'Anoyiit Unit QuNiiiiiy Prlcn 1 o Dele To Date ij^170 14.00 556 7,784.00 ij*25 15.50 SI 7902.0 ij*20 17.00 1I9 2.013.00 u*25 14.00 u-50 14(30 u-30 14.00 u-25 15.00 u*165 16J50 149 2.458..':0 U-'215 I8.(X)193 3.474.00 IJ*30 2100 55 1.110(10 LP 50 26.00 35 910(10 U*20 20.00 20 400.00 IP 20 20.00 lv\to U50.00 I3 17450.00 28 90.00 47.6 4J84.00 U*70 15.00 flTJ 900.00 lv\13 60.1M)lO 60000 U*460 15.00 330 4.950.00 IJ*40 15.00 20 300.(» LP 2.415 1.00 2.481 2.481.00 IP 4.0UO 1.50 1453 2.779.50 IN 100 11.00 66.93 736.23 U*1.888 0.63 I.742 -IJ12-3a S64JJ32.03 SY CY IN IN TN TN IN DL 1^ SY RP-4 1.100 500 TOO 200 10 150 19 250 50 500 2.00 5.70 9.00 1900 23.00 2000 120.00 1.50 125 00 2100 950 400 700 73.29 10 150 1194 100 50 m77 12WO.OO 2.2n.oo 6JOOOO U915I IJOObi 3ii00.00 1.552 80 I50J0 «c25Q03 9A52.9J Cuniratl Uiut <2u4olily at Nfv lieu UuU Quantity Prlrt T« DmU Tu D«U US Sf»J willi 4" topsoil SY 3.500 2.00 2.200 4.400.00 119 Seed vv/liipsoiJ. uiutcb ^ fcrlili/.er AC 1.0 800.00 0J5 280.00 I2U (icuicxlilc labnc (Addenduu) 2)SY l.lou 1.50 l.lOO _ lASUJJO — Total Part U - Kcstoratiou $39.01« 15 Pari C • l ift Sl.ilioii #1 121 |jft Statiou Nu. 3 DS 1 40.450.00 lOO'.l 40 450IH) l uldl Part C • UH S«a. # ?$40,450 (K) Part A - Sauilar> Se>^er 64.03101 I'iklal Part H - Kestoratioo 39.03 X.25 Total Part C • Lifl Sta. 3 • Bcder\MM»d —4Q.45IUiQ_ TOTAL A1.TI-.RNA ri- NO. 1 - ULI)LRW(X)l)$141,520.28 Al ri RNA Il- NO 2 • HAYSIDL NOR IU P.ifl A • Sanilarv Sewer 122 «' I’Vf. SDR 15. 0*-8 ’ deep iii pbte LT 140 110.)400 5.200.00 111 8" PV(*. SDR 15. 8’-I0’ deep m plaee LF 215 11.00 51 661.00 124 8’ PVC, SDR 15. 1U'-I2 ’ deep in pLicci 85 14.00 80 1.120 U) 115 8* PVC. SDR 15. I2'-I4 ’ deep lu pl.ue U'223 15.50 21*i 1.487.50 II 2ft Sid. Ml 1 8* dp.. 4* dij.. w RI642U t»ig.liA 3 1.150.00 7 9.450.00 127 Mauliiiie deplli t^iealcr lliau 8‘ deep u-6 90.00 3 270.00 128 8' Dll*, outside drop IJ-6.5 250.00 |2'# 8* t 4" PV(' servite wyc hraueb 1A 6 60.00 3 180.00 110 4' PVC a>er\iee pi|>e lu ploeU u-105 15.00 30 450D0 111 4" PVC seAica recr pipe in place IP 10 15 00 112 Inipiovcd pi|*e rdn. ID ft* iiKieuieuI depth u 500 100 401)100.00 111 Meiliauieal tieueh euuipaetum u-510 1.00 756 7S6DO 114 Saiuluy sewer tclcvtsioa tttfcpvctino (Ad4k*tsdufti 2)IT 675 0.6S Total Part A * Sauitarv^ SciAier $22J76.50 IJ^ IfW rrw4*%al lA 50 125 00 15 l.tSOB 116 Si>*i *«%itb 4*SY 24WO 2UII iNiiirp HP 5 Iteai l37 Seed with topsoil, mulch i fcrtilucr total Tail H - Rcsloraliou ToUl Piirl A • Sanitary Sewer *rot.i| part h • Restoration TO r\L ALTl-UNA rii NO. 2 ■ HAYSlDli NOK l lI Al I I UNAI I- NO. .1 • (^YONin- IM ACn P.ir> .A • S.imi <rv 138 8' I’Vr. SDR 3.S. 0'-8 ’ deep lo pl.icc I3‘> 8" I'Vf. SDK 35. 8 -10’ deep lu plate 140 8" I'VC', SDK 3.5. 10'-12’ deep lu plate 141 8 “ I'VC. SDR 35. I2'-I4* deep in p-ice 142 8 “ I'VC. SDR 35. 14’-16* deep in pl.ite 143 8" I’VC. SDR 2ft. 0 ’-8 ‘ deep in place 144 8 ’ l'V(\ SDR 26. 8*-10' deep lu jilacc 145 8" I’VC. SDR 26. I0*-12‘ deep in plate 146 8 ’ PVC. SDR 26. 12’ I4' deep id place 147 8 “ PVC. SDR 26, 14’-|6‘ deep in plate 148 8" PVC. SDR 26. 16*-18’ deep lu place 149 8* PVC. SDR 26. 18*-20* deep lo plate 1.50 8 ’ PVC*. SDR 26. 2U*-22* deep in pl.iee 151 8" PVC. SDR 26. 22*-24* deep iii place 152 8* PVC. SDR 25. 24*-26* deep ui place 153 8* PV(*. SDR 26. 26*-28* Jeep in place 154 8 ’ PVC. SDR 26. 28'-30* deep lu pUicc 1.55 Sid. Mil 8* dp.. 4* dia.. %/HI642H 156 Maubule dcptli treater tkan 8* Jeep 157 8" DIP. uuuidc drop 158 8* K 4* pvt tervKe vt>e biaoch 159 4' PVC kcnice pi|«« ui plac« 160 4" PVC nerviee reer pif* m plaee 161 jmpruved |Hf>* fd». 6* laciciueal ikplk 162 Meckanical ueaek cc'uipaeUua 16) Sa«ilar> tcirv»ii»8 intprciioM lulal Part A - fUanary S«»ei itar ftfP One Coolmii QuMulity 0.5 Uiut Priur 800.00 QuaoUly To DmIc To 0.35 imm $3,405.00 22.376.50 4 JOS iMt $15,781.50 u-400 12.00 238 2.856.00 u*215 12.00 295 323401)0 u-335 13.00 116 1.508.00 IJ*235 ]4.rx)15 210.00 u*50 15.50 to 155.00 U'25 13.00 37 481.00 65 13.00 139 1,807.00 75 14.00 206 2.884.00 li-280 15.00 612 9.180.00 u*735 16.50 744 11176.00 LF 885 18.00 916 16.488.00 IP 440 20.00 430 8.600.00 U-120 2.300 135 3.IQ5JJ0 IP 135 26.00 125 31-50 00 IP 145 29.0b 155 4,495.00 IJ 175 3100 185 3.920.00 IP 170 38.00 3J610.U) IJK 18 1 J50.00 lu 242H»CO IJ 138 90.00 I34J 12.285.00 IP i2 '50.00 3.6 900 QO IJK 34 60.00 34 24)40 00 IP 14)50 12 00 MJ3)12140.00 IJ'150 IlUO 109 IJ0ti» IP 7.500 1.75 6.600 ILCMO.OO LF 5,545 1 00 5.4 TJ 5.473 00 IP 4.495 065 4.4<3 2jB4wJl I dl Item UaM Co till Hit Quantity Unit Vd.t QuHiility ITn nafip tVAAUU Ol To DaU Patl W • Rcsh>f>itiou 164 Hcuiovu existing bitumiiious 165 C\munoo excavation 166 Class 5 aggregate base (100% cruslied) 167 1>|h; 31 luiuinuious base aiursc 168 1>|k: 41 Inlumuious rearing course 169 AC'-1 bitunuiious tiiatcrial lor nux 170 liituniiiious iiialeriai for tack Ciiat 171 Hituuiuious uialerial for palcLiug 172 12’RCP. Class 5 in placu 173 15** UC'l*, ('lass 4 lu plac-e 174 IIT KCP. Class 4 lu place 175 i r |<C1\ ( loss 3 IQ place 176 48" KCP. Class 3 in place 177 12" RCT nareil end IQ place 178 IS" RCP flared end in place 17¥ 18" KCP tlarrd end in place 180 }V RCP flared cud w/trasb guard iii pL 181 48" KCT flared end le/trasb guard in pi. 182 Mecbauical treucb couipacliun 183 luipr. pipe fdii. in 6" tnerciDrttt deptb 184 Remove extsimg CMP culveri 18.5 Filler bUfikel lu place 186 Riprap in fiUcc 187 I tee removal IH8 S«hI wiib 4" lopsiid 189 Seed wiib lupftod. oiulcb Si ferldi/er 190 ifeulexlik lobfic (Aikkaduin 2) luloi Part M - Kcftoratmn loul Port A - Sanitary Seiner luiol Port U ’ Retlorilion TOrAI AIn RNATT' NO. 1 O'tiNlT PI AO %mV9UFT HP 7 SY lO.KOO 1.80 10.286 18.514.80 CY 4J^00 4.40 4.613 20.297.20 IN 6.oea HJ50 6.000 51.00C.0O 'IN l.soo I4..50 1J75.9H 19.951.71 IN i::oo 15.50 1100 18.600.00 TN I6U 120.00 138.4 I6.6Q8.IJ0 (IL 750 1.50 350 515 IK) SY 3rxi 2100 2.“ 3.06 6J27..32 LF 300 17.50 175 3JJ62-50 LH 30 19.00 JO 370.00 LF 75 21 00 I-F 100 33.00 70 2J 10.00 LF 80 81.00 80 6,480(101 liA 12 Jh5.00 liA 2 390 00 F^\4 410.00 liA ■>2^00.00 t*»SXXMUfil rj\2 2.665.00 2 3J.TO()0 U*495 I.(X)1.50 150.00 U*4rin 2.00 150 300.00 IF 495 3.00 230 750JX) SY 15 150 c:y 30 50.00 LA 15 115 00 13 1.615 00 SY 7^2.00 3.973 11.95000 AC-2.0 800.00 l.l 880 00 SY sxw 3.5«)...iLZsua SI98w38I 53 153 493 45 LSUAiJl U5IJ|761^ i iL _____ Iten Urui ( out rail Uoil rncT Qasai ity To 1)mC« Aaioyiit To l>atf Al lI RNATr NO 5 ♦ n\VOH\> RO a D A > S.miiarv Sewer IMl 8" l»V(\ SDK 35. 10*-12* deep iu place N2 8** PVC SDR 35. 12’-U* deep m pUcc vn «• pvr, SCR 35. 14’-I6* deep lu place m 8“ PV(\ SDR 35. I6’-I8* deep m place 195 SlA Mil 8’ d[j,, r dia . w klf>42h csig. 19(t Mil depth greatei thai! 8’ deep 197 8**n4'* PVC' !fccrvice u\c braucli 198 I** PVX! service pipe m place pN r PVl' service riser pi|>e in place 200 Improved pi|>e Idii. lu 6" incrcuicut depth 201 VkciiaiiKai trcucii couipacliou 202 Sauilary lewer telc-isKin inspcctiou Total Part A • Sanitary Sewer Pact H ‘ Rotiiiatino 203 Uitnminous surfacing removal 204 Common cxcavaiNio 205 CL 5 aggregate base (100^ erusbed) Z(ki type 31 biliioi^nti* ermrsr 2tf7 lype 41 biiuttiinous wearing ctiurve 208 AC' l bituimu4»uv materul for nia 2W KiimmiM>as mate rial (or tacit coal 210 HituuiiiHMaa matcnal io* natchmg 211 Ifce removal 212 Stnl with 4'* Uifwod 213 S* cJ w.|opvuii. uiykh Sl Cnitdiaef 214 ci>Gtrol knev 215 t fcoicKtik labfic ( Adslrmliim 2) lolal Part II * Rnak*iation LF 675 I3.»X)198 5.174.00 u-41)0 14.50 3't)5J65.00 I>150 17.00 300 5.100.(» LI-200 20.00 50 1.000.00 L/\5 U50.00 5 6.750.IU u-28 yo.oo •»-» -»1.998.00 Iv\12 N).00 13 780.IW U-500 12.00 390 4,680.00 LI-40 1100 25 .100.00 U-2.0<,)U 200 1.118 2ZJ6.(» IJ-'1.925 LOO 1.508 I..508.1U IJ^1.415 0.65 1.118 7'*6-?D $35,617.70 SY 4.100 2.00 32960 7,920.fU CY 1.600 4 60 1,7*7 1.220.20 IN 2J<)0 850 2Z50 19.I25.CU TN 400 16.00 362.11 5.79J.:’6 TN 300 18.00 XU 5.400 00 IN 42 I20 0«)35.51 4.261.20 (iL 235 150 200 300 00 SY L50 2100 144.23 3.173 06 l:^\5 115 00 SY 4.000 100 L650 7300 00 AC OJ MU 00 IJ 200 2.00 SY 22W0 IJO 2300 r Till m S4S.243 22 TiHal Piwt A • tMilafy Sew«r Tola! Part II * Rcalufaliun rOIAJ ALIINNAII ^<> 5 UXtORDHOAD isMin Vlt VV SMtiiiia92 liar III I*RK8 r Cuolriiii Uiik Qumilily A bjouo I Ub lUai Uiiii QuiAiilify IW To little To iittitt ( luuiitc Order Nti. 1 216 Lift Statiou Nu. 3 Total Cbaugc Order No. 1 LS 1 9J90.00 1 JuyoiiQ $9 390.00 C'b.in£e Carder No. 2 217 Jack 4" services under CSAH #84 LF 250 65.00 250 16.250.00 218 Ciraiiubr borrow CY 2.000 8.50 2.000 17,000.00 219 4“ Stnpuig. while |)jiut LP-6.758 0.20 8.008 . 1.6Qij£L Toial Change Order No. 2 Total liase Btd Total Alternate No. I - ItcderMood Total Alternate No. 2 - lia>^ide North Total AJicmate No. 3 - Cygnet Place T»»t.il Alternate No, .S • Oxford Road Total Cliuiige Order No. I Total C'haiiee Order No. 2 roirU WORK t oMPun tiJ ro daiu Rl f «P* $34.851.«) 757.986..13 1432)20.28 25.781..50 35U76.P8 lfl0..S60.92 9J90.no _34JiSlJfl. JI.424J67.f>l J PROJECT PAYMENT STATUS Owner City of Oiotu) Project Stubbs Hav Sanitarv Sewer # • Project Nik File No.13937 Contractor Progressive ('ontraeU)rs, Inc. CHANGE ORDERS No. Dulc 1 7-8-92 Modily Lilt Station 2 11-4-92 Jack services, granular borrow, striping Total Cbangr Onlrrs - Adil PAYMENT SDMf* 9 10 I'idal l'a>mcat to Date RcUtaag*. Payment No Aantunt learned I,3HK,W*9 t>9 t^Mtr>92 1.424,27ft. 61 Original ('tioiiacl Oiangc (IfikTS Krvttcd ('onlrat.1 |wr RP 10 Aiiiuuut S9.39U.00 $.34,ft0l.(i0 $43,991.60 Nu,PelwJ Paynirnt Rciainagf Completed 1 Start 8-7-92 $116,255.77 $6,118.73 $9^918.04 2 8-7-92 9-8-‘t2 305,777.08 22,212.26 444,245.11 3 9-8-92 10-13-92 272,411 08 36.549.68 7.30,‘J93.61 4 10 13 92 11-18-92 275.415.46 51,045.23 1,020,904.62 5 11-18 92 2-3-93 ‘<0,600.17 55,813.66 1,111.627.22 6 2 - 3 93 ft-14-93 77,011.11 59,866.88 1.197337.55 7 ft -14 93 10-7-93 138,006.14 67,130.36 1342.607.17 8 10-7-93 12-7-93 II.3.192.S8 35.606.92 1,424376,61 1.480J«3 1.95 43.991 ftU U524.I23J3 /5 . TO: FROM: DATF: NIavor and Cilv Council Ron Mi'orse, Citv Administrator December 10. 1993 SUBJECT: Tax fn^rfeit Property Acquisition %A % % % .Attached is a memo from John Gerhardson outlining the details of the City’s potential acquisition of a 10 acre parcel of land that was a lax forfeiture and could be available to be released for public use. USE OF PROPFHTY FOR PARK LAND Although the City could obtain this property' for use as park land at no cost, the trade off is that the property could not be u.sed for residential development as it is currently planned. In the absence of a Parks Master Plan or park planning expertise it is difficult for staff to determine whether locating a park on this property' makes sense from both a park planning and land use planning perspective. It is staff’s recommendation that the City obtain advice from a park/land use planner regarding how a park use would fit into this area of the City and the types of park uses that could be developed on this property. It may cost several hundred dollars to obtain this information. COUNCIL ACTION REQUESTED Motion to authorize staff to obtain advice from a park/land use planning consultant regarding the use of the property for park land with the cost not to exceed $500.00, ro:Ron Moorse. City Administrator FROM: Jt’hn R. Gcrhardson. Public Works Administrator DATE:December 9. 1993 2. SUBJECT: Tax Forfeit Property Acquisition At the November 22. 1993 Council meeting the Council was asked to review a large parcel ot ■anJ Uial was in tax lorfeiture to be released lor publie sale. The Council requested turther consideration lor this parcel and asked staff to research the possibthty of the City aequirtng this large a parcel. I have checked with Hennepin County Department of Propeny Tax and Public Record and have been advised on the following: 1 The City can acquire the land tree of charge if the land is acquired tor park purposes. The only requirement is that the land must be used for park purposes. Tliis action is usually approved by the County Board without delay. It the City wishes to dispose of the land in the future, then it must be reconveyed to Hennepin County for public sale. Acquire the land without restricted use. The County would conduct an appraisal of die ponienv (Orono s Assessor's market value $41.500) aruJ the City would pay that amount. If County Board approves, we may have to explain intended use of the property. There will also be costs of approximately $l .CKX) to clean up tlie cloud on title as a result of tax forfeiture. The third option would be for the HR.\ to acquire the land for a fee following the appraisal process. This is usually approved by the County Biard with littx difficulty because the County assumes that if you are to acquire land through an HR.A. that you are going to use the propeny for housing. This parcel was reviewed as a six lot subdivision in 1979. This land in coniunction with other adjoining parcels was reviewed as a subdivision in .ipproximately 1988. At that lime ihc Park Commission deunmned that they would ik.i ^ land for park purposes as the City had park land to ihe south ai llighwrxrd .Nature Trails tl4 acres) and DNR owned the I uce Line to the nonh The Park Commission hjs not reviewed this parcel at this lime. 3. ch TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator IX'cember 10. 1993 ...iUL MEETING dec 1 J 1993 CITYOFORONO SUBJECT: Stephen Weckman Performance Review and Step Increase Stephen Weckman, the City ’s On-Site Septic Manager, is eligible for a pay step increase based on satisfactory performance. A performance evaluation recently completed indicates overall performance is at a superior level. Mr. Weckman is currently at Level 6, Step 3 ot the City s pay schedule. It is recommended that his salarv' be increased to Step 4 effective January^ 1, 19*94. - 17 TO: PROM: DATE: SUBJEC t Ron Moorse, City Administrator Dorothy Hallin, City Clerk December 8, 1993 ^ Calendar of Official Meetings and Holiday A. The proposed calendar of official meetings and holidays for 1994 is attached for Council approval. The official holidays include Friday, December 23 as the City's designated holiday, and Monday, December 26 as the Christmas holiday observance due to Christmas Day falling on a Sunday. This will provide a 4 day holiday weekend. A quirk in the calendar has caused the 1994 New Years Day holiday to be observed on Friday, December 31, 1993 since January 1st falls on a Saturday. (- KKY 1994 ORQNO CITY Mi'ETING SCIIKDIJLK7:30 P.M. Council Meeting 2ml & 4th Monday7i00 P.M. Planning Commission 3rd Mondn (May (lirmigli October 1st Monday as an alternate date) 7:15 P.M. Park Coininission Orndal Holiday 1994 January. S M T W T 1994 F S X 7 0 14 15 21 22 20 29 February S M T W A 1 2 0 A 0 9 13Mi5 16 20:^<©23 27\20l T 3 10 17 24 1994 F S March 4 11 10 25 5 12 19 26 April S M T W T 1994 F S 3 5 6 7 1 8 10ljjl12 13 14 15 17M19 20 21 22 241251 26 27 28 29 2 9 16 23 30 Juno S M T 5 12 19 W . 1 6 8 14 15 T 2 9 16 1994 F S July S M T W T Septombor 21 2? 23 261;^ 20 29 30 October 3 10 17 24 1994 F S 4 11 18 25 August S M 3 1 2 3 7 0 9 lOTO 12 13 14 15 16 17(11) 19 20 21 22 23 24^126 27 20 29 30 31 7 Tal w 3 9 10 144^16 17 21I22I23 24 25 26 27 28 29 30 31 T 4 11 10 1994 F S 5 6 12 13 19 20 10 19 20 21 22 4125 26 27 28 29 November 5 M T 613 M 1 20^22 27® 29 December S M T W 1994 F S A 6 7 0 12 13 14 15m 4 11 10P2O 25 5? 27 2 3 9 10 18 17 21 22 24 28 29 30 31 1 SCHEDULE AprU 1994 S M T W T F S A 123 A 5 9 7 8 9 10^12 13 14 15 16 17rai9 20 21 22 23 24^26 27 28 29 30 1994 t W T F S A ^ 2A 6 7 8 9 lF 13 14 15 16 19 20 21 22 23 28 27 28 29 30 im 1994 T W T F 8 3 4 f 10 K 12 17 18 19 X^20 ^irtmQoiciydL August 1994 S M I W T F 8 1 A 3 4 8 8 7 TSlT lO 11 12 13 14flBl8 17 18 19 20 21ISI23 24 25 28 27 28 29 30 31 Dfcimbir 1994 8 M T W T F 8 1 2 3 6 7 8 9 10 13 14 18 18 17 21 22X24 27 »» 30 31 ',r^y , . jr % * ♦ >' - >- •• ♦ ilT % ^ d. . u,ifh the balance being lost on December "orher “«fse Approved by the Administrator. Adopted 1/14/91 Allowed to be paid out on The maximum ^av«3 termination is thirty ( 707. holidays ,.v,o following as official holidays for 1 The City shall observe the following all*regular full-time employees: JrLuthe?"King ‘s Birthday Presidents' Day Memorial Day Independence Day Labor Day priday after Thanksgiving*Columbus Day or rnaay Veterans' Day Thanksgiving Day Christmas Day K.ii receive one personal holiday to be 3ohedi;el^^nV aPP^r^ve^d Ue^^mV^nner fs vacation. . AS determined by Department Head and approved by the Administrator. • Ka» orfitled to receive 2 All regular full-time i straight time rates. id lYtho-t^paT r:sp%“;£^or“'/ime^oth'erwise not vorted or pS!l or otherwise not compensated. _ 3. Non-exempt regular *d|i\°^nll “t'ime* a^Vhalf ^^ work on a holiday shall ^®f®j^Yidav pay for hours actually worked. In addition "“'“iiity «» speciiied in the 'fjdepending on their eligi ©r shall receive another t:“lUroi"thi%S;i.VTh;*discr.tion o£ the Department Head. 7n«- SICK LEAVE -7-;;;;;;^;:, ,or sict l-V;/«/,^^-Unhi‘VeVt'i:‘’.“-lX -,^^rV«Vnt.^-s!c^HJ.Vnrh-:^ak^^^^^ ie^%;.?tr»”-.ctui\ need ^ ‘‘T«nthf*"t ?o el. total of nine hundred slaty ''T'sicx leave shall not be earned by any employee during r //. TO I FROM: DATE: Mayor and City Council Ron Moorse, City Administrator •Jf^CILMEEimO December 10, 1993 utC ) 3 1993 CfTYOFORONO SUBJECT: Sewer and Water Rate Update In response to Council direction regarding water and sewer rates the Finance Director is completing a formal rate study to determine the level at which the utility rates will ensure operating revenues match operating expenditures. This study is nearly complete. The sewer rate study may be completed in time to be provided to the Council at the December 13th Council meeting. j TOs FROM; DATE: Mayor and City Council Ron Moorse, City Administrator December 10, 1993 SUBJECT: 1994 Fee Schedule % ©V./y The proposed 1994 Fee Schedule and the Summary Ordinance reflecting the fee changes for 1994 are attached for Council review and approval. The proposed fee schedule includes increases in zoning application fees, the annual cost of living adjustment to the sewer connection charges, increases in several golf course elimination of the slip and boat fee portion of the commercial marina license fee and an increase in the recycling fee. The increases in the zoning application are to more closely reflect the actual costs related to processing the applications. The recycling fee is being increased in anticipation of a potential reduction in the County recycling grant for 1994 and a potential major reduction in their recycling grant for 1995. The 1994 Fee Schedule reflects the current sewer and water ja^es. Based on Council direction and a formal rate study, staff will recommend increases in the sewer and water rates for separate Council action. COUNCIL ACTION REQUESTED Motion to approve the proposed 1994 Fee Schedule and to adopt the Summary Fee Ordinance. ORDINANCE NLTVIBER , SECOND SERIES SUMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number . Second Scries," and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that the publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. 1 OFFICIAL SUMMARY OF ORDINANCE NUMBER___, SECOND SERIES ORDINANCE NO. . SECOND SERIES AN ORDINANCE ADOPTING THE 1994 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. Ill, SECOND SERIES. The following is the official summary of Ordinance Number ___m Second Series approved by the City Council of the City of Orono on December 13. 1993. The following section have changes, additions and/or deletions: DESCRIPTION Zoning Applications VARIANCE (Flexible applications involving more than one variance will require an additional $50.(X) payment per each variance) CONDITIONAL USE PERMIT (One charge per project) Institutional Use (School, Church, etc.) Guest House/Guesl Apartment Conditional Use Permit with Variance 1993 $175.00 Per Fee Schedule set forth below: Professional Time Clerical Time PARK DEDICATION FEES 1 Land Dedication Minimum A;ca (1) Residential /Agriculmrai/Multiplc Residential Zoned l.and. Dedication requirement of 8% of the land being platted or subdivided (Exclusive of lot that iiKiudes an exiting residence.) ^INSTRUCTION PERMITS Sc INSPECTION,FEES MEaiANICAL PERMIT Under Gn»und Tank Removal * " ' 1994 FEE $200.00 $175.00 $200.00 $175.00 $200.00 $ 50.00 Add $50.00 for each for each variance variance CATION FEES $ 29.00/hour $ 30.00/hour $ 17.25/hour $ 18.00/hour Added language after second sentence. Per Mechanical Permit Fees DESCRIPTION CONSTRUCTION PERMITS & INSPECTION FEES (Cont.) ALL SANITARY SEWER CONNECTION CHARGES ALL MUNICIPAL WATER CONNECTION CHARGES LICENSES A MISCELLANEOUS CHARGES COMMERCIAL MARINA LICENSE Application Fee (initial) Renewal Application & Inspection Fee (annual) plus; -each slip on water -each dry slip inside or in racks -each boat unit on land •late fee Zoning Department Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan - 1980 (with amendments) r • Topographic Information PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARtiF^S RECYCLING CHARGE GOLF COURSE CHARGES - Effective date 1994 Season After 12 Noon and Weekend Rates 1st Nine Holes 2nd Nine Holes League Rates Monday thru Friday Season Ticket (Senior Citizens Only) 1993 1994 FEE i fee; 1 Various Various Charges Reflecting Cost of Investment Various Various Charges Reflecting Cost of Investment $300.00 + slip & boat fees $300.00 $200.00 + slip & boat fees $200.00 $ 2.00 - - - $ 2.00 - - - $ 1.00 — $150.00 $100.00 S 30.00 $ 30.00 added with amendments $ 10.00 per acre $ 12.00 per acre R(iF.S S 15.00/year $ 16.00/year $ 8 00 S 8.50 $ 5.50 S 6.00 $ 7.50 $ 8.00 $110.00 $120 00 1 DESCRIPTION 1993 FEE 1994 FEE PtJBLIC WORKS PEPARTNfENT MISCELLANEOUS CHARGES (Cont,) GOLF CART RENTAL Pull Carts - Per Round $ 1.50 $ 2.00 A printed copy of the 1994 Fee Schedule Ordinance is. available for inspection by any person at the office of the City Clerk during regular office hours. This ordinance becomes effective the week of January 3, 1994. Adopted by the City Council of the City of Orono on this 13th day of December, 1993. by i vote of___ayes and ____nays. Edward J. Callahan, Jr.. Mayor ATTEST Dorothy M. Hallin, City Clerk Copy Charges Adiiiiaistration Accident Reports Building IMnn Copies Copy Microndic File - 1*1) Copy Service - rollcc Dej)! Reprint Oversized Documents on Micrordin Tope Recording Duplication Connection Chatges Sanitary Sewer Municipal Water Documents Comprehensive Guide Special Assessment Searches Municipal Code/Ordinance Realtors Listing Info False Alarm User Fee Golf Course Kates Inspections Contractual Inspection Service Special Inspection Cliaiges Well Site Inspection Licenses A Miscellaneous Aftcr-Tlie Fact Fees Amusement Devices Animal Impound Fees Beer, Wine & Liquor License Cigarette License Commercial Marina License Dog License Dance (Public) License Gambling/ILifflc License Page212421 24 24 2i 21 11 15 20 21 20 21 23 19 18 18 5 23 22 22 20 19 21 23 20 DlRl^rilOHY FOR 1994 FEK SCIlFmil FLicenses & Miscellaneous (Cont.) PageGarbage Haulers License Home Occupation License Joint Use Dock License Kennel License Septic Installers License Site Evaluation License Solicitation License lemp. Trailer/niiildiiig License Maps For Sale Permits After-the-Facl Fees Building I’crmit Fees Burning Permit Fee Cert, of Occupancy Demolition I’erinit Fee Docks Commercial Ki-sidential Fire Protection Firearms Permit Fee Fireworks Pennit Fee Grading, Excavating, Filling Large Assembly Permits Mechanical Permit Fees Movc/Lift Building Permit Fee Municipal Hook up (Sewer/Water) Oii-Sitc Systems (Septic) Outhouse Const I net ion Parades & Special Events Phimbing Permit 1920 19 21 19 19 20 20 Public Works Supplies & Scrrices Driveway Culverts 28 Driveway/Curb Cut Permits 28 5 8 18 8 8 8 8 18 23 23 16 23 9 17 10 15 15 23 9 Permits (Coni.)Retaining Walls Sprinkler Systems - Coniiiier. Trapping Permit (limited) Underground Tank Removal Water Meter Fees Page810 23 9 10 Ser\ices Fingerprinting (Police) Water Turn-Off Charge Water Turn-On Charge Signs Street Signs (Public Works) 'I'emporary & Permanent Temp. "No Parking" (P.D.) Temp. "No Parking" (P.W.) Utility Rate & Misc. Annual Service Charge (Septic) Brush Drop Off Fee Recycling Charge Replace lent Bins Zoning Applications After-the-F'act Fees Amendments Appeal of Admin. Decision Commercial Site Plan Conditional Use Permit Fees Industrial Revenue Bond AppI Park Dedication Fees PUD Rezonitig Rezoning Application Fee Rip Rap Application Fee Special Improvements Appl Subdivision Application Fee Siircliatge for Staff Expense \'acalion Application Fee \'ariance Application Fee 24 26 26 28 16 24 28 25 15 26 26 26 5 2 1 5 7 3 3 5 4i 2 5 3 1 # __J ORDINANCE NO., SECOND SERIESAN ORDINANCE ADOPTINC; TIIR 1994 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. Ill SECOND SERIES Th« City Council of the City of Orono ordains Section 1. Ordinance Repealed. Ordinance No. ill Second Series, entitled 1993 fee Schedule is hereby repesicdi The City Council of Orono per Section 1.05 of the Municipal Code hereby ordains the following fees effective during the calendar year I9«4; SECTION I. Fees. ZONING APPLICATIONS All fees ate appUcation fees and are non-refundable after staff work has begun an the application. Anniicutlon Type VARIANCE (Flexible applkations involving more than one rarhuice will require an additional $50.00 payment per each variance) Variance for Non-Conforming Use flENEWAL VARIANCE (No chan|c Dom original application) CONDITIONAL USE PERMIT (One charge iwr project) Residential Accessory Use (AnimaLs. etc.) ImdlttttioBal Use (School, Church, etc.) Duplex Credit ( per building GttC^ llousc/Gucst Apartment Conimfrelal/lndustria! Use Fee $200.00 Applicable Code a 10.06, Subd 3 (D) $200.00 $100.00 $125.00 $200.00 $150.00 $175.00 $250.00 10.06, Subd 3 (D) 10.09, Subd 3 10.09, Subd 3 10.09, Subd 3 10.09, .Subd 3 10.09, .Subd 3 Applkrtlvw Typ< »L»xK'ie*L»:wi □ CONDITIONAL USE PERMIT Continued (One Charge per Project) Luid ARcnitlon: Gradliit* filling, etc. (over 100 cubic yards) (- •• walls, retaining walls within 0-75 ’ lakeshurc PRD AkppUcation with Subdivision PRD ApplicatloB without Subdivision PID AppUcatioiis RciKwal Conditional Dse Permit (na change fltmi original application) CoodRIoaal Use Permit with Variance Aflcr-the-Faci Fees Applicable Code Section lO.OO, Subd 3 $200.00 + permit Subdivision Fee plus $30.00 per dwelling unit $ 35.00 per dwelling unit (minimum $150.00) $150.00 per acre (minimum $350.00) $100.00 Add $ 50.00 for «ich variance Double Application Fee Res. #1306 & #1309 •lERCIAL SITE n>AN $200.00 + Consultant Fee SURDIVISION Sketch Plan (Class I, II, lb III) PreUmlnary Review (Claaa I A II Subdivisions) Preliminary Review (Claaa III and all non-nsidential) Final Plat Review (Ctass nD ptRiH Fees: a) Subdivision only b) SilbdivUluo -f Faiscmcnts & Covenants Renewal of Prelinioary .Subdivision Application (No change fium original application) Repeal af Flaol Subdivisnui Applkatioa (No change from original application) $200.00 $300.00 11.10, Subd 7(A) 11.10, Subd i0<A) (B) $325.00 + $25/lvit 11.10, Subd HKC) ($400/3 lots; $425/4 lots) $175.00 + Special Legal/Engineering Charges 11.10, Subd I7(A)(V) $75.00 11.10, Subd 17 (A) (ID $200.00 Minimum plus any additional costs $150.00 $100.00 Vij V J.vlivL S AmJCATIONS (CONT.t Annljcation Tv pc PUBLIC ROAD VACATION EASEMENT VACATIONS WITH SUBDIVISION APPLICATIONS EASEMENT VACATIONS NOT ASSWIATED WITH SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDINC; R£7X)NIN(; PUD Rcmaiag - Allowed only within area adjacent to Highway 12 as defined in Comprehensife Plan Amendment No. 2 PUD Rcaonlag: Commerdal/Industrial REQUEST TO AMEND COMPREHENSIVE P1.AN Applicable Code Section $ 50.00 per benefitting Section 10.11 property ($250.00 minimum per application) $75.00 $175.00 $300.00 $300.00 + $40.00 per dwelling unit $150.00 per acre (min. $350.00) $300.00 Section 10.11 Section 10.11 Section 10. II Ord. 74, 2nd Series Section 10.53 Section 10.11 ZONING APPLICATIONS rrONT > •J'.Ur-itlon Type SPECIAL IMPROVEMEN IS Non*refUttdable charges for City Engineer’s reslew for applications and dolfii drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Prdimiaary Plat application. Proposed Private Roads Proposed Public Roads Request for City to accept existing private road Request for City to maintain unimproved public road Propoaed Sanitary Sewer Main Extension Proposed Watermain Extension Proposed Storm Sewer System (excluding culverts) On-SUe System - Site Evaluation Review (applicable to rural subdivision applications) Fee Applicable Code Section .Section 11.12, Stibd 4 $600.00 plus 50^/lineal foot $900.00 plus 50^/lineal foot $900.00 $200.00 $250.00 plus $25.00 per stub $250.00 plus $25.00 per stub $200.00 $ 50.00 per new lot proposed for on-site ZONING APPLICATIONS <C()N I >tion Tvpg RIP-RAP Staff Review (normal rip-rap) Oainual Rip-Rap: a) New laslallalioii b) Repair previously approved appeal of ADM1NIS1 RATIVF DECISION industrial revenue bond applications MlniaiiHn Project Valuation: $250,000.00 Applintlon Fee: Applicable Code Section No Charge $100.00 + CUP review Staff pcrtiiP = $100.00 $100.00 10.65, Subd 3 (D) SURCHARGE FOR STAEF EXPENSE IN EXCESS OF APPLICAHON H ES Pw Fee Schedule set forth below: tVofewloual Time Clerical Tfanc Lcfal/Eagineering Consultants Milcagc/Copics/Postagc/Etc. AfTER-THE-FACT APPLICAI ION INVESTIGA I ION ITES (Resolution 1306) (Afflies torilappUcation types including variances, conditional use penniLs, subdivision. •«e«dmeuls, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This petmR fee may be waived by staff for resident property ow ners who have not involved a Mractor hi their work, have no previous history of work without a permit and where such work dues not entail any roning violations. 0.1 % of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expenses Section 10.11 $ 30.00/hour $ 18.00/hour Actual Billed Cost Actual Cost ZONING APPUCATIONS (CONT.) AnpHartlon T»Pt Fe« Applicablf Code Section uny work« or division of lond for which 8 r<irni8l sppltcution is rw|uired h&s hcen coamicnccd without first making such application and receiving City approval therefore, a investigation of the circumstances shall be made during the application process, of the extra administrative costs involved in the special investigation, the minimum a|TfWTW»*«»» fee for after-the-fact applications shall be twice the fee set forth in the basic tec idicdule, whether or not the application is thereafter approved or denied. Payment of an allcfmM-ract application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute dvU or criminal legal actions against the applicant for commencing such work, use or tUviahm of land without the required prior approval of the City. Aflcr-tlic-ract Investigation Fee Amount:Equal to and in addititm to the bask fee amount (total fee is twke the basic fee amount). Res. I30A j\pplirabl9 Vodr SectitjjjHid M ■dditkm io r« (tntalc tte basic fee Uf%. f)Oi iimir CATIONS (CON I .)TION FKKS II}’ i4e» s«rTTIi ^TMTir Miiiiiiiuni Area - Subdividers shaii be required to dedicate to tin* City for nds, traibi npe' s|niccs and itiher public pm |M>ses us a minimum that percentage ea, or other si> ;h amount as may be determined l>y the Citv Cmnifil, as set forth below:flal/AgrirtilKa jd/Multiplf R.’idential Zoned I.and.Ion requirement of R% of the land bring platted or subdivided Ite of lot that include on existing residence.) fdal/lndustrial Zoned Land. :ed requirement of 8% of the land Iveing plaited or subdivided. ion b- l-ieu of Lauds. Iii those iaaaoccs where a cash contribution Is to be made ley, in lieu of a conveyance or dedicatitni of laud, the cash eontrlbulioil to he til b« equivalent to the fair market value of the evpiivaleni jndeve! >;>ed land rrwi.'e base been ettnveyed or liedieafed. Ihe City shaii aerouat for siKh funds in nainul I'ark Dedlcalto" Funds. CONSTRIJCI ION TKRMl I S AND INSIM'Xn iON I I:i:K.1.Permit TypeBUILDING PERMITMinimum Fee Normal lee Plan Review Fee: Commercial ResiilrnlialBuilding Valuation StandardZONING CERI IHCAIL OF OCCUPANCV wn ilOUT HUTLDTNG PERMIT (change in um-) RETAINING WALLS (In excess of 42" also multiple tieied walls that exceed 42" and not located In lakcshore protected area) TREE REMOVAL WITIIIN 0-75’ DOC KS - RESIDEN TIAL (Permanent and Initial Seasonal) DOCKS - COMMERCIAL DFMOLT' tON PERMIT Priudpal Stmeture Fee Applicable Code Section(Ord. 216)$ 15.00(per 1988 UnC/SBC Standard Schedide)(|M-r 1988 UBC/SnC Standard .Schedule) 65% of Ituilding Permit Fee (jH'r Current I.C.B.O. niiilding Standards/Building Valuation Data)$ 50.00 $15.00 minimum (|)cr 198H IIBC Standard Schedule) $ 30.00 $ 30.00 Ord. 10.22 Subd 3 Acessory Structure Per P)88 UBC7SBC Standard Schedule (Ord. 216) $ 50.W Initial inspection $ 25.00 Tor each requested or required inspection bevond initial iiLspcctiun $ .30.00 Initial inspection 8 CONSTRUCnON PF.RMI I S AND INSrKC i ION I KKS (CONT.)Permit Tj'WPLUMDINC PERMITMail-ill |K»Mage & haiulliiig chargeMFXHANICAL PERMIl'Minimum Fee fur uny Mechuiilcul Permit Mail-in postage & tiamiiiiig chargeResidential. Siitglc Family & Puuie\ by Unit Tvt>eUnder Ground lank Removal ALL SANITARY SEWKR CONNKC I’lON CIIARCiKS (If not previously assessed or If an Improvemciil pnjecl b not dermed to be required In the sole disirelion of (he City. If sin linproveineiii is required, (lie cunneelion charge may be in addition to any assessment.)By Dfstrici - Protect1963 ST-IA, LvS-IA or .Sli-B, LSI-B1964LS-IAOI LS IB1965 1^1 1965LS-1A 1%7 LS-i1969 I.S-1 Shore Ullb1969 1^2 Chevy Chase1970 1^1 Sage Hill 1971 LS-1 Dun woody 1980*1 Minnetonka Bluffs West Ferndale/County Road 15 Orono Lane County Road 15 Marinas 1980- 2 North Shore l>rive/5*cotch Pine l ane 1981- 1 Noilh Shore Drive/llighwood 1982- lA Navarre Utilities 1982*1 B Navarre Utilities Northern Avenue 1985*1 Crystal Bay 1983- 1 Highway 12 Orono-Long Lakc-Mrdlna 1989 Highway 12 - Phase I - North Side - Brown Road to VMllow Ltrivc 11989 Highway 12-Phase 11 Future Trunk Kspamlon $225.00 + $472.00 per acre + 34.20 |H-r F.F.$225.00 $ ,t5.00 per F.F.$225.00 + $ 51.50 per F.F.$225.00 + $ 37.50 per F.F.$224.60 |HT unit+ $ 22.40 per F.F.$225.00 + $11,126.00 per unit $7,V7l.tM) per unit $225.00 + $4,263.00 per unit + $ 26.25 per F.F. $225.00 + $3,883.00 per unit + $ 23.85 per F.F. $7,529,00 per unit + $ 35.70 per F.F. $9,h23.00 per unit $28,125.00 per unit $18,018.00 per unit $7,501.00 per unit $26,519.00 per unit $11,510.00 per unit $2,453.00 per unit f $1,006.50 trunk area $225.00 + $2,649.00 per acre $225.00= 1 $198.65 trunk unit acre/unit- 3 $11,633.00 per unit $1,093.00 per unit $1,742.00 per unitl $1,735,00 per unit V - iT li 4^»niiiiui mm iLL MUNICIPAL WATER CONNECTION CIIARCiKS (If iiul pnviously assessed or If an Improvement project Is not deemed to be required In the sole discretion »f the City. If on Improvement Is required, the connection charge maj be in addition to any assessment)Iv District • Project967 LW-1 Highway 1':/Crystal Bay Road969 LW-2 Chevy Chase970 LW-I Navarre Residential970 LW-I Navarre Commercial 1982-IA Navarro1989 Highway 12 - Phase I - North Side Water Trunk - Brown Rd to Willovv Hr1989 Highway 12 Phase 11 Water Tower, Well, I’uniphouse ON-JvTTE SYSTEMS Design Review Fees Subdivision Site Evaluation Report Review Residential System Permit: Repair existing system New/Replacement System Non-Residentiai System Permit: New or I'otal replacement Partial replacement Annual Service Charge $3,905.50 per unitf $29.00 per E.F.$.3,870.00 per unit $1,933.00 per unit+ $19.30 per F.F. $2,901.00 per unit+ $29.00 per F.F. $2,060.50 per unit$ 992.00 per unit$3,010.00 Office Use Only •Credit to Fund112 (Ord. 210) Included with permit fees $ 50.(M)/per new lot $ .50.00 $100.00 + $20.00 per each Inspection over 3 (Includes outliou.se on Big Island) $100.00 f $20.00 per each insivection over 4 $ 60.00 + $20.00 per eacli iasiiectlon over 2 $ 50.00/system/year plus an additional $10.00 fee fur late penalty plus 8% Interest for unpaid charges ceilitlcd .Section 12..30, Subd 8(C) Water C«*niHT(ion Charges 15 ct b oo! (dfccmcd to be required in the sole discretion CONSTRUCTION PFRMI I S AM) INSIMX I ION I KKS (CON I )Permit TypeGRADING, EXCAVATION, nUJNt; • 1*100 cubic vurd ( max. 10 loads)- 101 + cubic yardsNOTE: 101 cubic yards or more requires a Conditional Ibc Permit 00!'^% ap|)n)vcd as pad of build:ii}* permit SIGNS I'cmporary Permanent cC)NS”rRi)cnoiN pkrmi rs and insi *kc i ion i i:i:s gon i .)|*crmit TypeBUILDING MOVING OR LIIM INGFees for this atUvIty arc jiiadditjoii to rcgiiii cd huildiin: or tli iiiolKiuu lu rinHs. Fees ami any necessary snrcliarges arc required to pay costs of buildinK code inspectiuils, public works lns|>ec(ions of slrwls and reas»»nal»le police escort service on oversize movements.•Lifting accesMiry buildings (no move acn»ss lot lines)•Lifting principal buildings (no move aertm lot lines)(includes pre-liR iiLspectloii fee)•Moving accessory building within nminal highway clearance(max. 8*6 ” wide/niax. Lv’6" high/inax. 48* long •Moving accessory building larger than normal highway clearance •Moving principal buildings over any lot line, onto or off any lot within Orono; includes any move on or over any City street even If not originating or lemi- inating In Orono (includes alj ut er- si/.e loads exceeding 8*6 ” wide and/or 13*6 ” high 48 ’ long). •Pre-move ct»de inspection, principal buildings: a) Building within Orono to be rel(K-ated within Orono b) Building outside Orono to be moved into Orono (mxx. radius 25 miles) Ap|>licablc Ci*dt Sett iont ■¥ ImhiI i cntAl If ort»lM»n h iw<k'd b» o«Ticr*>p * $30.00 prr tfter 1st iKtor (t>rd. 2231 etlulc i fr* CONSnuUCTION PERMITS AND INSPI CHON I KKS (CONTF.)CON’I'RACTUAL INSPEC I'ION SERMU;Monthly Retainer Fee (Includes clericul time)Inspection Charge Plan Review Charge Clericai Fee (Only charged If clerical use is excessive)LICENSFii & MISCELLANEOUS CIIARCKS2^lng Department Administered COMMERCIAL MARINA LICENSE Application Fee (initial) Renewal Appiicalinn & Inspectioit Fee (annual) plus: ►late fee JOINT USE DOCK LICENSE Application Fee (initial) Renewal Application Fee Plus each slip Uite Fee SEPTIC INSTALLERS LICENSE - Annual SITE EVALUATOR LICENSE - Annual GARBACE HAULER LICENSE • Hat rate - per hauler • transfer fee FeePer Cuniract$ 25.00 per munth$ 15.00 per inspectiou SBC/UBC .Schedule $ 15.00 per hour Applicable Code Section $300.00 $200.(M3 $100.00 $ 50.00 $ 20.00 $ 2.00 $25.00 $ 50.IJ0 $100.00 $ 30.00 $ 15.00/Lmdl $30.00 MCENSKS & MISCKLLAM'OIJS C MAR(;i:S ((ONT.)permit TypeHOME (K'( IIPATION UC ENSE1EMI*OR.\Ki’ TRAILERS & BUILDLNLS LICENSEyioniii^ iK-partmint Adii’.lnEtcm^ ZONIN(. DEPARTMENI IKICDMENTS Comprehensive (iulde Plan - 198U (with amendments)Municipal Code Book - conipletp (Cli. 1*12 w/revLions) Municipal Code Book - Portions Ch 1 thru 9 (Book I) u/icvisiuiis Ch 10 thru 12 (Rook 2) w'/rrvisioiis Ch 10 only (Zoning Code) w/revisioas Ch II only (Subdlv. Code) w/ievisiuiis Other Individual Chapters Binder Comp. Plan AinendinenI HI (IIwv 12) City Maps I'opographic Informaticm Building & Planning ISiblicatluav Ceoerai Administrutivc l.icense^ Cigarette Saics Licenses - per qtiarter tiamhiing A Raffle I. ieeii.se Solitltafion l.irense lip to 10 soUcUurs - $1.00 each additional s'dii itor in t >rono. Applicant must list onlv persons that will solid! in Chono. 20 Fee Applieuhic Code Section$ 50.00 Initial Review Fee $ JO.OO (Annual Review Fee)I$ 30.00$ JO.OO$ 60.00 w/hinder $ .15.00 loose $ 35.00 i(M>se $ 25.00 loose $ 15.00 UM>se $ .25/pagc $ 5.00 $ 5.00 $ 2 Ml. each I 12.00 per acre As Posted - Prk(5 subject to change S 5.t¥l 5.24 $ 10.00 :.2J $ 20.00 5.30 ■v( Applicablei'odi?S«(ion00 Initial Krview |'■ef 9® (Aouiial Re> h w Feel90LVJwttniwIiT JOimm 2-Apntf m m • P»^ <CTt met them. iiAiwl to S.14 SH &J§ *■^'1‘tv IJCENSKS & MISCKU.ANKOIJS CHARCil’S (C'ONT.)Ceiieral Administrative Docuinrnts Conlinucd Listing Information Assessment Search • Wtitlen (Verbal searches not given)Copy Service (for puhiic Cil> records only) II'X 17" copiesIndividual copies of Ordin uices (1 copy) Reprint of Oversized Documents that have been mici oriiined Buiiding Plan Copies and/or Tape Recording DuplicationCurrent Street Address Book Applicable$ lO.CMJ $ lO.OO/parccI$ .!:• each$ 1 .00 each No Charge$ 2,50 (Approximately 5 norking days)Dogs At Kenneis DOG LICENSES Biannual License (Issued in odd >cars) APiiual License (issued in even years only) KENNEL LICENSf:S Commercial Application St Inspection Fee (Annual) Residential Application St InsfM'tiion Fee (Annual; NOTE: Dogs kept in residential kennels most he individually licensed Residential kennel fee is in addition to dog license fets. rarnuMRTtii iTiiaiE r#^T;irrriumr ®¥7 LICENSES tk ^tISCELLANE()lIS CIIAR(;ES (CONT.t AppUcatlon Tv^x;Police Department A<hninis(itccl • CoiwiincdAMUSEMEN^r DEVICE UCENSI SPer Establishment (Annual)Pef Machine FeePUBLIC DANCE LICENSE (a* • 5.,(Indiv't’tMl IVniiH) LARUE ASSEMBLY PERAUT FIREWORKS PERMITFirearms dlsctiarue permitOccasional (limited use)Game Animals (limited use)Annual (Club Only)liMH ED TRAPPING PERMPP PARADES A SPECIAL E\ ENTS PERMIT FALSE ALARM USER PE tS Elrst 3 false alanus/ialemlar year (I-3 total) Nest 7 false alarms/ealendar year (4-10 total) Next 5 false alarms/caicndar year (IMS total) Each additional false nlnrm otct 15/ calendar year Applicable Cotie Section5.20$100.00 + machine fee $ 25.00 each$100.00 $ 10.00 5.215.21$ 50.00 5.25$ 50.00 9.10$ 10.00 $ 25.(Ml $ 20.00 9.10$ 20.00 9.11 Ord. 232 Onl. 243 $ 50. CM)6.08 'V t No Charge $ 50.00 each call $100.00 each call $150.00 each call 23 PUBLIC WORKS DKPARTMKNT MISCKI.KANIOUS C ilAR(;KS (COM .) lUility Service Rules - CuntinuedArea tt\MUNICIPAL WATER RATES Navarre Area #2 Long Lake Area #3 Wayzala Area It A Orono/Ilwy 12Billing & Ready to Serve Chg Water Usage Rateonected Property Chg j to serve/hj drant dig)$15.55/qlr $5.I5/qtr$ 1.27/1000 gal $2.75/>000 gal $l5.55/(|tr -0-$5.l5/q(r $5.l5/qir$1.40/1000 gal $1.75/1000 gal -0- -0-Federally Mandated .Safe Drinking Water Testing Program (Charged per service connection)$ 5.21 per year «»n sn-ond quarter hilling Bulk sale to Minnetonka Beach for Lufayettc Ridge Area - Area H\ Rate $15.55/qtr hilling charge plus $1.27/1000 gallon total flow at border meter. Penalty for late payment of seuer/watcr hills - 15% after 45 days from billing date. Interest at 8% on unpaid water/sewer l*ills iMiificd. Water Turn-On Water Turn-off $ 17.50 $ 17.50 Water System Repalr/Rcplaccmcnt If damage caused by property owner: I.almr - Current Ilonrly Rate l*arts - At Cost RECVCi.iNt; ciiAR(;i-: Recycling Container - Initial Replacement (including sales tax) Brush Diop t)ff Fee $ l(».00^year No Charge $ 6,50 each $ 3.00 per cubic yard $ 1.00 minimum fee PUBLIC WORKS DKPAKIMKNl MISCKU.ANKOIJS CM A KC;KS (CONI.)r90 gal GOLF COURSE CIIAKCFS - tlfccllvc date 1994 Season Monday thru Friday (excluding; llolidaysy Begin Play Before 12:00 Noon 1st Nine Holes 2nd Nine Holes $ 7.00 $ 5.00$ 8.00 $ 6.00$ 8.00 I»IJBLIC WORKS DEPARTMENT ^^ISCF1.LANF.C)US CHAR(;F.S (CONT.)PUBLIC WORKS SUPPLIES & SER\ K'I S FeeStreet or Traffic Signs (sale includes inslaliation)Driveway Culverts (sale only, not installed)Water Meter Sales (See Building Pennit Seelion) Temporary No Parking Signs (with lath)$ 75.00/std. sign On Onote Basis$ 1.00 eachDriveway/Curb-Cut PermitsIndividual Driveways $ 30.00/perniitNew Street Intersections (See zoning section - Special improvement fees)SECTION 2. This ordinance establishing the 1994 Fee Sche«hile shall be published in the Laker and I'loiieer Newspaper and shall be effective the week of January 3, 1994.Adopted by the City Council of the City of Orono on this I3th day of December, 1993. ATFEST:Edward .). Callahan, Jr., Mayor ‘ Dorothy M. llaliin, City Clerk Summary ordinaiue published in the leaker/Pioneer newspaper the week of ORDLNANCE NUMBER , SECOND SERIES SUMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number . Second Series." and a copy of which is anached 0 ' '■ ■■ ' hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that the publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. OFFICIAL SUMMARY OF ORDINANCE NUMBER___, SECOND SERIES ORDINANCE NO. . SECOND SERIES AN ORDINANCE ADOPTING THE 1994 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 111. SECOND SERIES. The following is ihe official summary of Ordinance Number ___m Second Series approved by ihe City Ctmncil of the City of Orono on December 13, 1993. The following sectio i have changes, additions and/or deletions; DESCRIPTION Zoning Application.s VARIANCE (Flexible applications involving more than one variance will require an additional $50.(X) payment per each variance) CONDITIONAL USE PERMIT (One charge per project) Institutional Use (School. Church, etc.) Guest House/Guest Apartment Conditional Use Permit with Variance 1993 FEE $175.00 1994 FEE $200.00 $175.00 $200.00 $175.00 $200.00 $ 50.00 Add $50.00 tor each for each variance variance SURCHARGE I'OR STAFF EXPltNSE IN EXCESS OF APPUCATION FEES Per Fee Schedule set forth below; Professional Time $ 29.00/hour Clerical Time S 17.25/hour PARK DEDICATION FEES I l^nd Dedication Minimum Area (1) Residential /Agncultural/Multiplc Residential Z«MK*d land. Dedication requirement of 8^ of the land being platted or subdivided (Exclusive of lot that includes an existing rcMdence.) CONSTRUCTION PERM U S Si INSPEC TION FEES MECHANICAL PERM! I Under Ground Tank Removal $ 30.00'hour $ ISOO.'^hour Added language after second sentence Per .MechanKal Permit Fees DESCRIPTION CONSTRUCTION PERMITS & INSPECTION FEES (Cont.j ALL SANITARY SEWER CONNECTION CHARGES ALL MUNICIPAL WATER CONNECTION CHARGES LICENSES & MISCELLANEOUS CHARGES COMMERCIAL MARINA LICENSE Application Fee (initial) Renewal Application & Inspection Fee (annual) plus; -each slip on water -each dr\’ slip inside or in racks -each boat unit on land -late fee Zoning Department Administered ZONING DEPARTMENT DOCUMENTS CompiThrnsivc Guide Plan - 1980 (with amendments) Topographic Infonnation PUBLIC WORKS DEPARTMEM .MISCELLANKOUS Cl IA R( ? E§ RECYCLING CHARGE GOLF course : charges - Eltectivc 1994 Season After 12 Ntx>n and Weekend Rates 1st Nine Holes 2nd Nine Moles l^guo Rates Monday thru Eridas SeaMin Ticket (.Senurr Citi/eni Only) 1993 1994 FEE 1, FEE Various Various Charges Reflecting Cost of Investment Various Various Charges Reflecting Cost of Investment S300.00 + slip & boat fees $300 00 S200.00 + slip & boat fees $200.00 $ 2.00 — « $ 2.00 . - - $ 1.00 - - - $150.00 $100.00 $ 30.00 $ 50.00 added with amendments $ 10.00 per acre $ 12.00 per acre ROES $ l5.(X)/year $ 16.00.'year S 8 00 $ 8.3C S 5 50 $ 6.00 S 7.30 S 8 00 $110.00 $120 •/) 1993 DESCRIPTION vmi 1994 FEE t** ^VV' GOLF CART RENTAL Pull Carts - Per Round $ 1.50 $ 2.00 A printed copy of the 1994 F-ee Schedule Ordinance is available for inspectioo by any person at the office of the City Clerk during regular office hours. lliis ordinance becomes effective the week of January 3. 1994 Adopted by the City Council of the City of Orono on this 13lh day of December, 1993. by a vote ayes and___nays. Edward J. Callahan. Jr.. .Mayor i\TTEST: Dorothy M. Hallin. City Clerk TO: FROM: DATE: SUBJECT I Ron Moorse, City Administrator ^ I 030 Tom Kuehn. Finance Director'^Vtt' ' 9NU33W 1l3Nn03 December 7, 1993 Authorization to Disburse City Funds Cor Claims Received Tc^^-rrtr Anrhor^tv to disburse City funds in payment of claims iffSred between the December 13th Council meeting and the December 27th canc6ll6d Council meeting. nrcr'TTcciTnN - This month we have only one Council meeting, scheduled glfg y. Srhis beVn “c"a"nc:?^ed ^runi''wUh"'p«viortr/aVs%«tt^^ 'we -ill have ihe next •cheduled council meeting “J' tTd?' a no™!l claims therefore are has ^;;"rovtng jbe^rAtr aT thrYirsf Ve*ring in January of the following year. TO:Mayor and City Council PROM: Ron Moorse, City Administrator^2; Forwarded recommending approval. PROPOSED MOTION - Moved .-**5^^*ta^eTIt'of City Treasurer to disburse whic^has been cancelled and for the December 27th at the January 10, 1994 that such paid claims ar to Ayes , Naysregular Council meeting for ^crmal approval. / TO: PROM: DATE: SUBJECT: Mayor and City Council Ron Moorse, City Administrator December 9, 1993 1*^ 1993 InterCund Transfers and Loan Payments ^ % Attachment: A. Finance Director's Memo Dated 12/8/93 ^1 ISSUE Approval of end of the year transfers between funds. TMTRODUCTION At the end of each year the Council is requested to formally transfer monies between funds. These transfers fall into two categories; a. ) Budgeted Transfers - Items designated in that year's budget when originally adopted. These require formal fund transfer. b. ) Fund Obligations - Loans and payments from one fund to another to reimburse expenses incurred by one fund on behalf of another. This is generally for City portions of special assessments. RECOMMENDATION Recommend approval of transfers indicated on the attached memo. PROPOSED MOTION - Moved by _, seconded by _, that the interfund operating transfers, loan payments and special assessment payment® on City property be approved as presented, effective December 31, 1993. Ayes _, Nays _. TO* PROM: Ron Moorse, City Administrator Tom Kuehn, Finance Director DATE:December 8, 1993 SUBJECT: 1993 Interfund Transfers and Loan Payments At the end of each year it is necessary to transfer monies between certain funds for the purpose of providing support as budgeted or for repayment of outstanding loans, as scheduled. The necessary transactions for 1993 are listed below. FUNDS FROM AMOUNT General Imp & Equip Outlay $64,900.00 Building Outlay General $42,347.50 Building Outlay 1991 Public Facil Debt Service $33,165.00 General 1985 Imp Bond Deot Service $ 5,350.00 PURPOSE Annual operating transfer for capital equipment, new & replacement as budgeted. Annual operating transfer for general support (2nd Half, TOTAL $84,695.00 as budgeted. Annual operating transfer for debt service support of HRA Building Bonds, as budgeted. Budgeted payment, 8th installment of 15 for special assessments for sanitary sewer on City owned property in Crystal Bay (princ $3,080, int $2,270. Balance o/s 12/31/93 $21,535. FUNDS FROM AMOUNT PURPOSE Permanent Improve Revolving (P.I.R.) General $14,595.18 Transfer of 1993 special assessments collected to repay monies borrowed for Co. Rd. 15 street light project. Balance o/s 12/31/93 $22,980.55. General P.I.R.$ 1,734.00 Payment 4 of 5 for City share of costs of Woodhill Ave. Street improvement project (princ $1,494, int Balance o/s 12/31/93 $1,496. It is requested that the foregoing transfer, loan and special assessmenc paymients be approved effective December 31, 1993. ^)c * TO; PROM: DATE: Mayor and City Council Ron Moorse, City Administrator December 9, 1993 o:JCi:oJ3-\ii3 {661 £ X 030 9Nll9NinNn03 SUBJECT: 1994 Non-Union Wage and Insurance Adjustments Attachments:1. Resolution Establishing Salaries for 1994 2. 1994 Compensation Plan (pay ranges) Based on discussions at budget worlc sessions the following wage and insurance adjustments for non-union staff are proposed for Council approval. 1. Wages a. Hourly employees: 2.75% increase. b. Salaried employees: $21.00 per month increase. 2. Insurance All groups $20.00 per month increase to $291.00 per month. An outline of the criteria on which wage and insurance adjustments are generally based is as follows: A. Wage Adjustment Criteria 1. Cost of living increase a.) US consumer price index: annualized increase from October '92 to October '93 is 2.7% \\ b.) Minneapolis/St. Paul consumer price index: annualized increase from the first half of 1992 to the first half of 1993 (July '92 to July "93) is 3.7%. 2. Maricet comparison a.) A survey of comparable cities indicates increases for 1994 in the range of 2.0-3.0%. B. Insurance Contribution Adjustment Criteria 1. 1994 insurance premium increases (family cover?.ge) Plaja Group Health PHP/Medica Med Centers 1993 Premium $397.40 $430.92 $437.25 1994 Pifmiua $431.44 $449.05 $478.35 Dollar Difference $ 33.96 $ 18.13 $ 41.10 Percent Difference 8.5% 4.2% 9.4% A) The average premium increase is $31.06 per month. Council Action Requested: Motion to approve the 1994 non-union wage and insurance adjustments as indicaced above, and to adopt the attached resolution establishing salaries for 19*'. Ayes _, Nays A RESOLUTION ESTABLISHING SALARIES FOR CITY EMPLOYEES FOR 1994 BE IT RESOLVED, by the City Council of the City of Orono, Minnesota that initial salaries and wages for City employees be established as follows, effective January 1, 1994: NAME Ron Moorse Dorothy Hallin Stephen Sullivan John Gerhardson Jack Brinkhaus Thomas Kuehn Jeanne Mabusth Michael Gaffron Lyle Oman Ronald Steffenhagen Stephen Weckman Linda Vee Carole Haseman Sue Bobzien Wayne Quast Steve Hansen Dale Skreen James Gregory Barry Rathbun Randy O'Brien Scott Oberaigner Gregory Palmer Charlotte Knutson Linda Walters Bruce Vang Carol Hansing Jamie Bosma Ricky Karnitz Scott Boris John Schoenhoff David Goman Janice Kennen POSITION City Administrator City Clerk Police Chief Public Works Director Public Works Supr. II Treas/Finance Director Zoning Administrator Asst. Zoning Admin. Building Official Golf Course Supervisor On Site Septic Manager Deputy City Clerk/Admin Sec. Secretary/Recorder Police Secretary Public Works Supr. I Public Works Maintenance Public Works Maintenance Public Works Maintenance Public Works Maintenance public Works Maintenance Public Works Maintenance Public Works Maintenance Deputy Treas/Sr. Acct. Clerk Assc. Finance Director Field Inspector Asst. Police Secretary P.T. Copy & File Clerk I P.T. Police Officer, P.T. Police Officer, P.T. Police Officer, P.T. Community Service Officer P.T. Clerk, Police P.T. 1993 SALARY $60, 33, 53, 50, 41, 56, 47, 38, 38, 33, 29, 12. 12 . 12 . 17 . 13 13 . 14 . 13 . 13 . 13 . 13 . 12 . 14 . 15 . 10 . 10 . 10 . 10. 10 . 6 . 7 . 108 001 539 00 00 00 374.00 904.00 358.00 975.00 309.00 309.00 001.00 066.00 683/Hr 049/Hr 683/Hr 079/Hr ‘^41/Hr 541/Hr 530/Hr 541/Hr 541/Hr 541/Hr 541/Hr 683/Hr 710/Hr 866/Hr 781/Hr 106/Hr 627/Hr 627/Kr 627/Hr 613/Hr 238/Hr 1994 SALARY $60,108.00 33.253.00 53.791.00 55.461.00 42.156.00 56.610.00 48.227.00 .•»8,561.00 38.561.00 33.253.00 30.849.00 13.032/Hr 12.380/Hr 13.032/Hr 17.549/Hr 13.913/Hr x3.913/Hr 14.530/Hr 13.913/Hr 13.913/Hr 13.913/Hr 13.913/Hr 13.032/Hr I5.^jr/Hr 16.302/Hr 11.077/Hr 10.384/Hr 10.920/Hr 10.920/Hr 10.920/Hr 6.795/Hr 7.437/Hr BE IT FURTHER RESOLVED, that mileage for City use of private cars on City business be reimbursed at $.20 per mile. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held December 13, 1993. ATTEST: Dorothy M.Hallin, City Clerk C:12O093.3 Edward J. Callahan, Jr., Mayor GROUPING POINT RANGE 3 4 5 6 9 9 44 > 47 48 - 51 52 - 55 56 - 59 60 65 64 68 69 - 73 74 79 78 83 84 - 88 89 - 100 101 - 110 111 - 124 CITY OF ORONO COMPENSATION PLAN APPENDIX B POINT GROUPINGS MID POINT 45.5 49.5 53. S 57.5 62 66.5 76 81 95 105 117.5 12992.3(99) POSITIONS IN GROUPING CSO Laborer Clerical I Clerical II Police Secretary Sr. Accounting Cleric Deputy Clerk/Secretary Recorder Public Works Maintenance Patrol Officer On-Site Septic Manager Asst. Finance Director (E) City Clerk (E) Golf Course Supervisor (E) Building Inspector Public Works Supervisor I Building/Zoning Admin. (E) Public Works Director (E) Police Chief (E) Finance Director (E) City Administrator (B) (E) - Exempt Asst. Zoning Administrator (E) Building Official (E) Lieutenant (E) Public Works Supervisor II (E) CXTT or ORONO - 1994 COHPINSATION plan - EXPECTED PERFORMANCE LEVELS LEVEL STEP STEP STEP STEP I II III IV 1 $9.if-$9,813 $10,358 $10,903 2 $9,808 $10,385 $10,962 $11,539 3 $10,438 $11,052 $11,666 $12,280 4 J.12.077 $11,729 $12,380 $13,032 5 $11,826 $12,522 $13,218 $13,913 6 $12,847 $13,603 $14,359 $15,115 7 $13,857 $14,672 $15,487 $16,302 e $14,916 $15,794 $16,671 $17,549 9 $15,758 $16,685 $17,612 $18,539 10 $17,227 $18,240 $19,254 $20,267 11 $19,708 $20,868 $22,027 $23,186 12 $23,134 $24,495 $25,855 $27,216 13 $27,395 $29,006 $30,618 $32,229 CITY OF ORONO 1994 COMPENSATION PLAN - EPL part time regular POSITIONS LEVEL STEP STEP STEP STEP I II III IV CLERICAL I (L2/SII MAX) 2 $8,826 $9,346 $9,865 $10,384 POLICE SECY (L4/S1) 4 $9,416 $9,970 $10,524 $11,077 PATROL OFFICER (LS/SI KAX) 6 $10,920 $11,562 $12,204 $12,847 J TO: PROM: DATE: SUBJECT: Mayor and City Council Ron Moorse, City Administrator DecemiDer 9, 1993 is City 1994 Application for Coverage Under Insured Workers' Compensation Pi n the LMCIT % Attachment:1. ) Application For Coverage Form 2. ) Estimated 1994 Premium Quotation We have received the renewal premium quotation for worker compensation insurance from the League of Minnesota Cities Insurance Trust (LMCIT) for the year 1994. The gross premium quote for 1994 is $67,917, which is reduced by our favorable experience modification of .60 and a premium discount of 5%, resulting in a net initial premium of $37,354. This compares with our net initial premium for 1993 of $46,178 and for 1992 of $46,872. Requested action - Council approval of application for coverage and award of worker compensation to LMCIT for 1994. PROPOSED MOTION - Moved by _, seconded by _, to approve the 1994 Application for Coverage under the LMCIT Self-Insured Workers' Compensation Plan and award the 19*'4 worker compensation insurance to the LMCIT for the initial net premium of $37,354, effective January 1, 1994. Ayes _, Nays _. ■ •League of Minnesota Cities Insurance Trust | Group Self-Insured Workers'Compensation Plan i> Adn>«nittr«tor Berkley Administrators • m»mb0f ot f/»* Berkley Risk Management Services Group P.O. Box 59143 Minneapolis, MN 55459-0143 Phone 1612) ^^^^-0^1 ^ jS93 NOTICE OK PREMIUM OKI IUNS FOR STANDARO PREMIUMS OF $25.000 -_$50J)00 AgfMmenl No 0£—>'*• *362~4 AureemenI Period 01/01/1394 To 01/01/1993 MfJ 35 3?3-0000 Rncloscd is a quotation for workers’ compcnsjilion de{x)sit premium. Dcductible^Uons are now available in rrtum for a premium credit applied to your estimated standard pa*mium of $ * • . llie deductible will apply per occurrence to paid medic;U costs only, 'llrere is no aggregate limit. Asan altcmabve, cities with a standard premium in excess of $25,000 may select from several retro-rated premium options. The final net cost under tlie retro-rated option equals the audited standard premium umes the minimum factor plus lossira and all loss-related costs, not to exceed the audited standard premium Umes the maximum factor. The net cost fw retro option basetl on your estimated payroll, would be between the minimum and maximum amounts shown below, depending ui)on your losses. Adjustments will be made six months after the close of your agreement ye.ir and ^ually thc^calter until all claims are 'dosed. Tlicse adjustments will be baseil on audited payroll amounts and reserval as well as paid losses. Please indicate below the premium option you wish to select. You may choose only c>De and you cannot change opuons dunng the agreement jxrriixJ. The ’City* OROMO P 0 BOX 66 CRYSTAL PAY omoNS 1 □ Keguiar Premitim Option IkductihU Options: l>eductible Prcmhiin Cix-dil per Qcciirmice llct-dit;Amount $250 2%315. 500 4%1630. 5%2039. 2,500 9%366B. 5.000 12%••870. 10.000 17%69?7. 2 n 3 □4 □ 5 □ b □7 □ Rcuvsptctivtly Roied f*remiunt Options: R el nv Rilled Mininmiii Mmiiniim Eartor 3 0 tO.9% 2949*.. 9 □ 66.9% 27262. 10 □ 61.2% ‘-’4939. Maxinuiiii VmsIsc 115% 125% 150% NF:r DFPQSIT PREMIUM 3733^«. 36339. 93724. 35317, 336T?. 32464. >>•27. Nia-xunimi (Sec f I above lyrTniuTn for ikI deposit 46863. premium) 5<»938. 61125. thr I M( n. signature Tl* rw more mfbrmaikM cn Ihc premiiin optKjm that ipfyy to aty. refa »tbe broch^ League of Minnesota Cities insurance TrustGroup Self-Insured Workers ’ Compensation Plan Administrator Berkley Administrators » mambtr of Berkley Risk Management Services Group P.O. Box 59143 Minneapolis. MN 55459-0143 Phone (612) 544-0311 Self-Insured Workers' Compensation Quotalinii (REfiEWAL of Acjt eement No. 02-0003^2-3 1 ORONO 01 /01 /01/01/19^ ESTIMATED DEPOLIT CODE RATE fayroll PREMIUM STREET construction •• MAINTENANCE 5506 7,h7 23149".17292. MA1ERW0R1 S 752-;»m.77 5-'»32';'.2400.POLICE 7720 6.54 6730»X».44067.clerical 3010 0.5h 2685<:»0.1450. PARKS 9102 H . 17 156'>:i.651. MUNICIPAL EMPLOYEES 9'flO 2.31 317600.7337. ELECTED OR AFE0IN1ED OFFICIALS 9011 2.31 19200.420. CLUB-COUNTRY/GOLF 90 6/I 3.25 49000.1593. ANIMAL CONTROL 9031 2.59 9750.253. Manua1 Premium 75463. 10%Sick, Holiday, t Vacation A1 lonaince 7546. Ad j. Manual Premium 67917. E -jp^r lencs Modification 0.60 Standard Premium 40750. M«naoed Cara Credit Or.0. Deductible Credit 0%0. Premium Discount 3396. Diecounted Standard Premium 37354. LML Insurance Trust Discount 0%0. Net Deposit Premium 37354. Tt e foregoing quoution is for a deposit premium based twi your estimate of payroll. Your final actual premium will be computed after an audit of payroll subso^uent to the close of your agreement year ami will be subject to revisions in rates, payrolls and cx^ierierKC rTKidificatton. While you are a member of the LNU'IT Workers ’ Compensation Plan, you will be eligible to participate in distributions from the Trust based u{»n claims experience and earnings of the Trust. If you desire the coverage offered above, plea^ complete the erKiosed ■Application for Coverage" and return it and your check for the deposit premium (made payable to ttw LMC Insurance Trust) to the Flan Administrtlor, Perkiey Adminiitralofs. ■AaaicO Jt TO: FROM: DATE: Mayor and City Council Ron Moorse City Administrator December 10, 1993 dec 13 1993 CITY OF ORONO SUBJECT: Lasher l^mding Public Access on North Shore Drive I have attached a memo from John Gerhardson outlining the concerns of the neighbors adjacent to the Lasher Umding access liKated between 2605 and 2655 Nonh Shore Drive and a memo to the Mayor and City Ct)uncil dated 3/18/93 outlining options for addressing concerns of the neighbors. At the March 22. 1993 Council meeting. Council directed staff to work with the neighbors to develop a solution. Staff had numerous meetings with the neighbors. The general solution developed was to provide a gate to provide access to the ice fishermen. The gate would be l(Kked and keys would be provided to the ice fishermen and others who wished to use the access. Although at one point it appeared we had reached agreement on the solution, at a subsequent meeting the neighbors presented a different proposal that added additional restrictions. Staff indicated the additional restrictions were not acceptable and restated the solution that would be acceptable. There were no other meetings with the neighbors. Staff then discovered the neighbors had constructed a fence/gatc across the access. Tlie neighbors were notified the gate needed to be removed. Staff has since met with the neighbors again to discuss the original solution. I'he stall and the iKighbors are now in agreement regarding a general set of restrictions to regulate the use of the access. These include the installation of a gate that will be locked. Those who want to use the access for vehicular access will obtain a key to the gate from the City. This solution addresses the concerns of the neighbors and meets the needs of the ice fishermen of which the City is aware The staff's initial solution included a sign on the gate indicating how t(> obtain a key to use the access The neighbors oppose a sign because they want to minimize the use rather than to call attention io it Staff believes a sign can be provided that will provide the information aN'ut the keys lor those who are already aware of the access but ire tK)t aware of how to use it. Staff has reviewed other similar accesses in the City in terms of the types of restrictions that have been placed on them For those accesses that are open in the winter with no restrictioas the "access Ia*^e” itself is a public roadway that ends at or is adjacent lo the lake. The lasher Iwinding access is unique in that the "access lane" is an unimproved lane that runs between two res«'‘*niial properties This is most similar to the access lane kiH>wn as Gibbs landing located! on Street 1/4 mile west of Old Cry stal Bay Road This is alsi) an unimproved lane that runs between two residential subdivisions This access has a gate that is kxked year-around. The Kcess ts for pedestrian use only. li is difficult to balaiKe the tainverns of the neighbors with the public’s interest in access to the lake at this access due to the location of the access in relation to the adjacent propemes. It is staffs recommendation that due to the location of the access and due to the current limited use of the access, the gate and key system does best balance the interests of the neighbors and the interests of the public, Hic neighbors have suggested using the existing gates that they have installed Jt.hn Gerhardson has checked the gate and detennined that although it is wide enough for an average vehicle to drive through, it is too close to ihe road. A vehicle pulling a trailer cannot pull off the road eniirelv to open the gate to prtKeed toward the lake. Therefore if the gate is to :»main it should moved 1^0 15 L further off the road. The neighbors have also expressed concern about U^e site distances in each direction as vehicles are exiting the access. The sue distances to the west could be improved by trimming back some of the trees. ■; • 4. TO: FROM DATE: Mayor and City Council Ron Moorse, City Administrator March 18, 1993 SUBJECT:Concerns From Neighbors Regarding Lasher Landing Public Access on North Shore Drive The attached memo from John Gerhardson outlines the concerns of the neighbors adjacent to the Lasher Landing access located between 2605 and 2655 North Shore Drive, and outlines options for addressing chose concerns ranging from restricting the use of the access, to vacating the access• The following is a discussion of several of the options. 1. 2 . 3 . Restrict the use of the access through installation of a gate. City restricts access at a number of similar sites through the use of a gate. At some accesses the gate is closed in the winter and open in the summer. At others .T.t is open in the winter and closed in the summer. Currently the Lasher Landing access is not used in the summer. It is overgrown with vegetation and is not recognized as an access. The access is used in the winter by people putting their ice houses on the lake. The installation of a gate that would be open in the winter and closed in the summer would give the message of a restricted access but would allow open access in the winter. This option may not fully- address the concerns of the neighbors regarding disruptive persons who make use of the access. Develop a method of further restricting access. The group who currently moat use the access are those with ice houses on the lake. It may be possible to develop a system that includes a locked gate year-around that would restrict vehicular access yet allow pedestrian access. Those with ice nouses could be Accommodated by a permit system that provides them with « key to the gate during the winter season. This alternative would preser'/e the public access use for pedestrians and would provide public access for those with ice houses througn th permit system. Access would be restricted for all ot vehicular uses. Although this option is ^ does more fully address the concerns of the neighbors wnil preserving the landing as a public access. vacate the public acceae. Although the option^ '"i* acceaa would fully addreaa the “'ll* would be contrary to the City'a policy of concer^fniiHiif' Me'e'mmmmm The Citv generally addresses concerns regarding there tvT®® accesses by the uae of Che acceaa rather than vacating 0 Lasher Landing Public Access Page 2 of 2 T^ is Staff's recommendation that at a minimum the concerns of the n«ia^ors be addressed through the installation of a gate to be clol^ in the summer and open in Che winter; and chat staff explore Savrto further restrict vehicular access during Che winter months while continuing to meet the needs of those who currently use tne landing as an access for their ice houses. TO: FROM: Ron Moorse. City Manager John R. Gerhardson, Public Works Director DATE: ■ * February 2, 1993 SUBJECT: Lasher Landing Lake Access . u ^icr,lc«^nn ind meetings regarding the lake access between 2605 and Recently there have been as I asher Landing. The reason for the 2655 North Shore Dnve ,he residences adjacent to the access about discussion IS ^ ^ lake for uses other than ice fishing. Other uses include Snat":—- —• " It appears that this access a«e”s" provideVan S to access on the lake. The number nreventing the other accesses from being ,0 the bay which is hdpM >f ■« “"ees^iUi to adjacent residents that to access is not used from certain parB or to bay . agr j Sr^lfji^'a^d sLen bm staff is^not aware of how much to access is used for this purpose. Of great concern by to neighbors is at large. The trespassing, littering, late P u atosolated strip that can enable a vehicle to be neighbors are also concerned *at to believe that the access does not es •’ “ City Attorney that the City d«s have ngh ownership at thisr4”ru:r.rr.s.‘r:iS,K s;:.. Our commeiiis to them have I?' f“[ ^““g ZaiMoToPTgzU. and sigaige. access as we have with others in the City, that being Tbev would lilte to have a gate, no signage and entra«e by f«mnt only wiO. a vacation of the acce'ss at a specified time in to very near tumre. we have indicated to to neighbors that any and all proposed regulations would have to be approved by the Orono Council. .;«« in «»*isiin2 public access to a lake a state statute requires that if a City is eaperience indicates that mt^ public hearing must be held to such a public hearing to argue against organisations with an interest in lake access giving up an ejusting public access. TO: Mayor and City Council FROM: Ron Moorse. City Administrator DATE: Decemhc'i 10. 1993 SUBJECT: Schedule for Review of Proposals for Legal Service % Ob- In response to the Request for Proposals for the provision of civil legal services the City received eight (8) proposals. Staff is recommending that three (3) firms be invited for interviews These are; Holmes and Graven, Best and Flanagan and Popham Haik. The interview committee will include both staff and Council. The interviews could be held either the week of December 13 or in early January. We need to select interview dates that work for the Council so that interviews can be scheduled. /o O A \ December 10, 1993 CITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono. MN 55356 Mailing Address; P 0 Box 66 Crystal Bay, MN 55323 0066 James Dunn Utkeside Marina. Inc. 3324 North Shore Drive Wayzata. MN 55391 RE: Snowmobile Repair/Rental/Salcs Activity Dear Mr. Dunn: Per our discussion this week, the City has a number of concerns regarding the repair, rental or sale of snowmobiles which appears to be occurring at your marina. Tliese concerns are as follows: 1 2. Per the B-2 I^kcshore Business District staruiards (Municipal Crxle Section 10.41, attached), the repair, sale or rental of snowinebiles is neither an allowed use nor a permitted conditional use in the 13-2 zone. Such use is theretore a non conforming use. Per the non conforming use section of the code (Section 10.03, Subd. 5. attached), "Any land or buildings which were actually and legally devoted to a non conforming use on January 1. 1975 may be continued in said non conforming use pursuant to condtiional use permit...". A prelintinary review of City files finds no evidence that the City has formally or infomially granted approval via conditional use permit or other means for snowmobile sale, rental or repair on the property. Per Section 10.03. Subd. 5 (E), "Whenever a lawtul non-conforming use of a structure or Utul is discontinued and remains disconttnued tor a perixxl ot twelve (12) months, any future use of said structures or land shall be in contormity with the provisions of this zoning chapter ' Our prelunmary indication is that your snowmobile operation is [lol a lawful non-conforming use" and therefore must cease immediately However, if it 14 a "lawful non confomimg use", then you must diKunicnt that it h.is never been discontinued for a period of oik * year. ■ I dephnn® 1612) 473.7357 • FAX 473 0510 James Du nil December 10, 1993 Page 2 4. The current use appears to be a clear intcnsincation and change from any snowmobile operation you claim to have had in the past. For instance, if in the past you occasionally performed small engine repair services which included snowmobile w ork, the sale or rental of snowmobiles and equipment appears to be a different use. Section 10.03, Subd. 5 (A) states "the non-conforming use may not be clianged to anotlicr non conforming". 5. Your 1993 commercial marina license neither specifically permits nor prohibits snowmobile activity. Your 1993 licen.se application made no note of snowmobile activity as a facet of your business and past license applications do not indicate such use was occurring. Per Municipal Code Section 5.43, the licensing of marina businesses only involves licensing of those activities which are permitted, accessory or conditional uses allowed 'vithin tlie B-2 zone. We therefore view your snowmobile activity as a zoning issue rLtlier than a licen.se issue. City staff have not concluded whether snowmobile sales, rental or repair are appropriate uses for the B-2 zone, and have no authority to make such a conclusion. Staff have concluded that "snowmobiles" md "boats" are di.stinctly different entities, that snowmobiles are not a "marine item", and Uiai the B-2 standards do not currently provide for snowmobile sales, rental or repair as allowed uses. IT.e code would have to be amended to allow such uses. It appears to staff that you are now in violation of the zoning code by selling, renting or repairing snowmobiles Therefore you are advised to cease this activity within fourteen (14) days to avoid further action by the City. If you conclude that you can document a continuous history of snowmobile sales, rental or repair on the property since 1/1/75 and can document that such use was a lawful non -conformmg use on tliat date, vou may wish to apply for a non-conforming conditional use permit per the provisions of Section 10.03. Subd. 5. We will Ik- pleased to meet wiOi you to discuss issues addressed in this letter. Sincerely, /? Michael P Gaffron Assistant Planning & Zt'iiing Administrator JAM/Isv cc: Tltomas W Banctl. City Attorney Mark W Petcison. 250 North Star F.ast. 608 2nd Avenue South, Minneapolis. MN 55402 1910 Jeanne A. Mabusth. Budding A Zoning Administrator bnclovuics. Municipal Code Sections 5 43 10 03, Subd 5 10 41 Fxccrpis at the request of the appli cant incases ot license reyocjitionjjr^cniar gtjndnrds: Suhd. 5. Joi nt Use Standards. Joint uses sha ll_adherejo_iheJ^l(^^ A Any ncsncintion of riparian and/or non-ripnrian l_aniiQ^meii.^hiD hv a Jiraichr ling_!stwfeii Ih; poims at Whlchjhe ll^ p:;^r~niWh use shall ■■'.llirrc 10 ihe Shorcland Nlanngsmm RegulaiKira ^>-SmanJ(U^ H. Any joint usc in the RS zonina district by a not-for-profil nrnni nti-n n«orintion providine tra nsient boat silEsjoLStakeholder? pf J ErQperry used M °"'v i.isaniyncno.1^ v^lid conditional use permit for Issued by ihg -ounc iL c ParHiw facil '''-^ nnt '"i' '^>’^11 he approved nrovision of parkiniLS ial H nr whirh c^Mc, Ihc peed for parking on any Sige. ppht-of-way. SECTION 2. Section 5.43 is hereby added as follows: ,SEC. 5.43. MARINA |]EICENSE; Snhd 1 IVtlnitions. For (he Dumose Qf thi$ section. th^ieonsJlD£>aL51i^ ^ "TJiisiness meap? engaginv! in either a pjarip^ business orjhg hndpgss of docking, moorin g of stgring^bg^ ^tisiness- mea ns,en&agiDi.in <>n<; Qf tnore QlLhej^ennittgO^ prrf^p^fy qr Conditional uses.allQwcd withiiUheJiri-iailiD&jim^ C "n„<ipf5^ nf nock ing. Moorin g^QJLiimimg-BQatilJDga rentnis ^at< helonginit tQ DgISflna tflhgJ tP-^H »ng ^------- licensed as jo I JlLUSfij. -Mh,i ^ I irrm' Pni"ir=d. II isdiaUwfiiLfci-MLCtg gM w tnMtsja in HU^USC ciirh information as mav be deemed necessary by the CoungjIjilo£!^-grJ-» Ttv* fee for license application sha 1! be set hv o rdinance., Suhd. 4. Public frenrino. Upon filing of any application for license^je Council may cnil a hearing upon such_nolice_M.iLnia^emiPPropnate. No such hmin^mll b^'mnnHnfnry. hut who llv within the discretion of the Council. exceptJ)iat_aJiMring_shalL^ the request of the applicant in cases of license revocation or_d.eniaL Subd. 5. RiKiness Use licence Standards.___Busmej.ses_reaujreOl_feg |jrf»n<;pd utuler this section shall be subject to tlie reouiremmu-JLndjerformance standards ofjhe P-2 Zoiiinp , District and per the following business_uie_jio^se standardsi A. liisurnnce Rccjuircd. E*3ch business shsll proyjde ccrtincfltiorL^X liability insurnnce_covmge for the duratio.n_oLLhg_Lic^s_e,Eg.nO^ lbe_primarv business operator on the property._.Lhaji_be_thg |jr>.nc^hnldy. and shairhe respon siNejoLnotif^ City oL apxplajl^tesgs^^ ;;rrhrnrrmi>;es. Such secon dary businesses shaUjiotbcjmraLeJyiic^ be allowed mUy~ when in confonna nce,w_iilUhe pioyisions o f Jhe B j_zpnin£jlLsmci.standar^^^ C Operation Standards^iagh business licensee ?hal.l_adhergJojhe following mininium op eration standaidvL JL I’artrino facilities on the site shalLbjLjnMaged_S9_aiJo ellminattJLafnc nr parking cotigcstjo n^iminate illegal on:itr ^t^arkin^^ld^ivmd^ traffic throug h neighborjn &jiropernL ppat engine testing and charging sbaUbe lirnited.tQjheJiours R-OQ a.m. to 6:00 p.nu i >=aie^ and <;er>'ice shajl be limited to th0.oursJ7:gg nnrmal fishing activir^^ or orivatc useftjn^jgLiQlQOOLJlL-^miS-neemai^^ ------^------- ^rjemises jtojed to 4^ The site shall be ke^neatjindj)X<lejly. atttl free of larbage^ ■ly virw ohMmciiom fo[ 9 p.rVin» :ind on-U nd {Wjec.ffCig?!?. mikn. nuierub plan shall 2i Lights shall be shielded from the road, (he lake, and adiacerii properties Subd. 6. Business Use I.icenses Limited to B-2 Zone. No business USe siiajl be licensed In anv zoning district other than B-2, except that when a business, usgjsaljowed..by nrdinanre in another 7oning district, such use conducted in said_distj;ict_jihaJLnot be required t^ Qbtain a license, Subd. 7. License Revocation. Failure to adhere to the business use license ^^tandards of Subd. 5 (A through shall be cause for Ijcense^uspemlon provisions of this chaptCL. SECTION 3. Adoption and Publication. This ordinance shall be published in THE PIONEER and TIIE LAKER and shall become etfeciivc immediately upon publication. Adopted by tlic City Council of Orono on the 28th day of June, 1993 by a vote of 3 ayes. 1 nay and 1 abstention. Dorothy M/Tlillin, City Clerk Edward J. Call^fian, Jr., Mayor •Published in the Laker and Pioneer newspaper the week of August 9, 1993. S 10.03 •V.v,, ,j»l SEC. 10.03. GENERAL PROVISIONS. Subd. 1. Minimum Requirements. In their interpretation and application, the provisions of the Zoning Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare. Subd. 2. More Restrictive Provisions To Apply. Where th^ conditions imposed by any provision of the Zoning either more restrictive or less restrictive than comparable conditions imposed by any other law. City Code provision, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail. Source: Municipal Code Effective Date; 9-14-67 Subd 3. All Permits Compatible With Agency Requirements. ‘ A building permit, conditional or ®P«^ permit, or other permit or necessary permission of the Cou..^i , Sherevcr or whenever required by the City Code proposed action or permit is not compa i ^uo ~q»-orm Wat**r provisions of the Surface Water Management Plan, the pL-Off and Shoreland Guidelines Tolicy Statement promulgated by t^e Lake Minnetonka Conservation District, and any ott.er governmental reculations, plans and policies adopted by Three copies of ^h^ Policy Statement, other applicable governmental IequLt°LiI! olaM and policies adopted by the City shall be marked as^official copies and filed for use and examination by the public in the City Hall. Source: Ordinance No. 172 Effective Date; 1-1-75 Subd 4. Prohibitions. It is unlawful to convert, enlarge reconstruct or alter any structure or use any structure or land Ifor any purpose nor in any manner which is not in confer i y with the Zoning Chapter.________________________________ ““ iTT' Subd. 5. Non-Conforming Uses. Any land or /buildings Jhl.-K W.r* icf Jllv and legally devoted to a non-confotmlng use on which were ^ ^ ^ir said non-con£oc«lng use p"rul):t'lo'%”;dU?ona‘i "s": permit granted as hereinafter spec ified. A. The non-conforming use may not be changed to another non-conforming use. B. Nothing in thia Zoning Chapter Placing of a structure in safe condition when said • “''n'cessar? declared unsafe by the Building Inspector, providing the necessary \ ORONO CC 251 (4-1-84) •^1 r(pr>^ S 10.03 repairs shall not constitute more than fifty percent (50%) of the fair market value of such structure. Structure shall include such accessory features attached to the structure or located anywhere on the land, such as signs, marquees, monuments. C. When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. D. Whenever a lawful non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is seventy-five percent (75%) or more of its fair market value as shown on Che assessment records at the time of damage, in which case the whole thereof shall be demolished, and any construction thereafter shall be for a use in accordance with the provisions of this Zoning Chapter. E. Whenever a lawful non-conforming use of a structure or land is discontinued and remains discontinued for a period of twelve (12) months, any future use of said structure or land shall be in conformity with the provisions of this Zoning Chapter. F. Any lawful non-conforming use of land not involving a structure, and any lawful non-conforming use involving a structure with an assessor's fair market value upon the effective date of this Zoning Chapter of $3,000.00 or less, may be continued for a period of thirty-six (36) months after the effective date of this Zoning Chapter, whereupon such non—conforming use shall cease, unless brought into conformity with the Zoning Chapter. G. Any proposed structure which will, under thi.s Zoning Chapter, become non-conforming but for which a building permit has been lawfully granted not more than six (6) months prlor to the effective date of this Zoning Chapter, may be completed in accordance with the approved plans; provided construction is started within six (6) months of the effective date of this Zoning Chapter, and continues to completion within two (2) years. Sue structure and use shall thereafter be a legally existing non- conforming structure and use. H. Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structura 1 repairs and incidental alterations which do not extend or intensify the non- conforming use. -1. v.« ORONO CC 252 (4-1-84) * •S 10.03 I Alterations may be made to a building containing lawful non-conforming residential units when they will improve the iivabUU? ?h«eo£, provided they will not increase the number o£ dwelling units or bulk of the building. Source: Ordinance No. 172 Effective Date: 1-1-75 J Apply to "Uses" Only. The non-conforming use provisions o£ the Zoning Chapter apply only ^e land and buildings are put, and do not apply not location or height o£ structures, lot size or other £actors not involving the use o£ the premises prevent strict con£ormance with tte requ^irementt o£ the Zoning Chapter. “here however such^a situated existed legally under the «in Council will not unreasonably require strict complia section generally look with £avor on granting of a va riance under Section 10.08. __________ ^ —- --- -Subd 6? I^t of Record. A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the Register of Deeds or the Registrar of ^itles^for Hennepin County, Minnesota, prior to January 1, 197 , approval by the Council if required. Source: Municipal Code Effective Date: 9-14-67 A. Existing Lots. A lot of record existing upon whiLch doGS not niO0t tine a°^i?gV'Taluy''"d?tirhed %5eUin“ purp^e^ VovU^ met: Souice: City Code Effective Date: 4-1-84 1 In “R" Districts of One Acre or Less and With public sanitary' Sewer. ^^!nv ‘^""t?ic^‘’o£ Mleffective date of this Zoning Chapter m any R District or =pu^^^c^an'’it?ry-.twirrd^w1iirdo^^;^« iJi^le°fi:’ii?*dVtVchVd^dwe\pgV^^^^^ if the area measurements and Sonina Chapter. However, ?r,Tot 'oS“'iec^rr.h7lT^n'orbi\or;''i^^trnV.Ty developed unle.a ORONO CC 2S3 (4-1-S4) s 10.40 3. No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings. H. Drainage, No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion, or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the Council and those plans shall be reviewed by the City Engineer before submission to the Planning Commission and Council for approval. Such runoff may be required to be properly channeled into a natural water course, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise must be in compliance with the Surface Water Management Plan and shall be consistent with other applicable regulations or City Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. I. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. SRC. 10.41. B-2 LAKESHORE BOSTNESS DTSTRICT. Subd. 1. Purpose. The "B-2" Lakeshore Commercial District was originally intended to provide areas where limited commercial businesses could be located to service boats used for recreational purposes on Lake Minnetonka. However, many of the opcfrators of the lakeshore commercial businesses have stripped the trees and vegetation from the shorelands and have expanded the operations so that now the "B-2" Lakeshore Commercial Districts adversely affect the lake water quality and the real estate values of adjoining properties. The purpose of this Chapter is to provide for additional reasonable regulations that require partial restoration of the shoreland vegetation, that will serve to avoid pollution of the lake water and to insure protection of adjacent residential properties which have previously suffered from the unregulated expansion of commercial activities. Subd. 2. Application. All applications for a building permit in any "B-2" Lakeshore Commercial District shall be reviewed by the Council and may be referred to the Planning Commission for review. Subd. 3. Permitted Uses. Within the "B-2" Lakeshore Business District, no land or structure shall be used except for one or more of the following uses: A. Repairs. Repair and servi»ring of boats. B. Storage. Winter storage of boats. ORONO CC 336 (4-1-34) 5 10.41 C. Sales, Etc. Sale and rental of boats, motors, fishing equipment and sale of fuel, boats, boat supplies, bait and marine items. Subd. 4. Conditional Uses. Within any "B-2" Lakeshote Business District, no structure or land shall be used for the following uses except by conditional use permit: of trillTVr sale of "set-ups". (Subject to licensing by^Council. prepackaged food or food from vending machines. Prepackaged food includes only food ;;'hich has professionally prepared at a location other than on the premises Ld does not include "full-course meals" or any food preparation other than warming by use of an infra-red or micro-wave oven. Sale of food from vending machines is allowed. Subd. 5. Parking Requirements. . ^ ^ Lakeshore Business District the off-street parking be sufficient to ..liminate any traffic or parking congestion to be caused by the business conducted. The parking areas may not be pLed. The minimum parking requirements shall be as follows: A. Six parking spaces shall be provided for each ten boat slips on water or on land. „i,,eB At least eight off-street parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 feet, including warehousing, and all outside sales a storage areas related to the sales and service functions. C If the proposed use is to include the launching of boats owned'by the public for the day from trailers, ten ^dditTonal ruto-trLler parking spaces shall be pcovrded for each. ramp. D The r»»quired parking spaces may not be separated by a public roadway from the dock, a storage space, mooring space, floor^space, or ramp they are designed to serve. E Required off-street parking space may "ot be utilised for op^n storage of goods ofjor^^the V-Tgu!«rof|: except that from for winter storage of boats provided ’tJrt%%rof^^^%^u1rerp-"ing spaces remain as a functional parking area. parking may not be allowed in any requited yard or landscaping area. Subd 6 Yards. The minimum required yard areas for the district *J*^^^*e \ ..g in accordance with a detailed landscape deciduous shrubs and trees in plan. ORONO CC 337 (4-1-84) LIST OP LICENSES FOR COUNCIL APPROVAL FOR MEETING OF DECEMBER 13, 1993 . , 1 3 1993 GiTYOFORONO Residential Kennel License - Kenneth & Karen Holland 4119 Oak Street Wilfried Hoyes & H. Zohara 565 Hanlon Avenue Judy Spinner 940 North Arm Drive Jane Kline & Steve Bell 4455 West Branch Road Off Sale & On Sale Non-Intoxicating Malt Liquor - Navarre Lanes Donald Scherven 3435 Shoreline Drive •ftKEHOTX LICENSE APPLICATION , uEffective January 1, 19^ to December 31, 19_J1 a 4- Karev^ _& RaWcra 0<xK SV" 0ro/3o S53St *’”!ScKdfci?raH3-zTpT Mailing Address (if different): Phone: (home) __2---------------twork) mus^^Lcompany appJ^KioSi Maximum No. of dogs to be kept at one time: (over 3 months of age) H principal .........1 £.pmvAe-\& C^) L<»^» ------- Purpose for more than 2 dogs:_------ Dogs normally kept: —inside ---------^kennel struct cur OF DW F^irCE OFFICE rjUbOOOOd 01 GEH 25.QC CHECK JiECElPMHm YOU . Oi K290SI0 COQl not T16: 11/22, COMMERCIAL Kennel License $150.00 (payment must accompany application) NdiRQ of Businoss; ux^p”:^“olrding; breeding, vete:xnary care, reLaxi,'—) Normal Business Hours: After Hours Contact (name) (phonel Dog runs/exercise areas are:inside outside ^ ------------ (he undersigned hereby *ok this°formj the :ouncil for a Kennel v-nnel license Is permissive only mdersigned acknowledges . violate any provision of any md does not grant any rhe ^dersigend hers.by :ity Ordinance or other law ^ ^he premises prior to rrants the City permisssion ^”*P®^^onabIe time during the license approval *“*^ *^ * undersigned agrees to abide by the License duration? and ^he ^haoter 5.36 including any requirements of City^Counci 1 as part of any kennel :ondltions Imposed by the city License approval. ki>LAi^y"0 Applicant I Date For City 0»® Kennel inspectea by Date Recommends Approval Denial KENNEL LICENSE APPLICATION Effective January 1, 19^^ to Deceriber 3 , ----- !wner: ••oocjrty I ' o^S “(include city and zip; ailing Address (if different):^--------------------------------- none: (homejJtlZ^lll^------------------(«or!c)^ SSIOBNTIAL Kennel License Inforaation. $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one timet_3 (over 3 months of ege) Principal Purpose for more than 2 dogs: Dogs normally kept: ^,^_inslde CITY Of QRDHO FIRj^HCE OFFICE 1311SOOOOO 01 CES CHECK 71 —RECEIFJ’TmK YOU 1291460 cool ROl 115:3 11/30/9 25.00 '-■’^.00 rtc. kennel structure "'T^^t'^Sst'accoSpany'^ppUoat^n) Name of Business: Business Activities; —vere’-inary care, reraTTT ezcl)(example: boarding, breeding, vere.-n / _ Normal Business Hours:---------- After Hours Contact i (n^«) Dog runs/exercise areas are; inside _____outside -----^both ::„c\^^%”r’r"Ke^n%3i3’ £HSeTs zdersigned acknowledges ^ violate any provision of any ,i does not any authority Vo Lty Ordinance or other inspect the premises prior to rants the City P«/*>Vtt iny oth« reasonable time durxng the itir.: d‘SirtIon\ "na 1$^ i-luling^’^^^^ s^ecijl cense approval^ ----- plicant r City l^se only aael inspectea by .' '■'*■•" ——■ eosssends Approval_i^ Cenial. Date Dwner: KZNNEL license application IQ qJ Effective January I, 19_i_ « Decenifcer 31, ?ro ( iperty Address s include city a zip bailing Address (if different): ?hone: (home)(work) ESIDSMTIAL Kennel License Inf oration: $25.00 (payment must accompany applicatxon) Maximum No. of dogs to be kept at one time:__3 (over 3 months of age) principal .^pr:oe«>-. purpose for more than 2 dogs:- - Dogs normally kept: Jr^inside --------^kennel structure Kennel License Inforaation: S150.00 (payment must accompany application) Name of Business: CITY OF omo — nS'AHCE OFFICE lEllfCOOOO, - . . V i t Business Activities: . —veterinary care, retail/(example: boarding, breeaing, veter- / —a *ia’*.*l ■**< 25.00 25.00 Normal Business Hours- - - - After Hours Contact: (nMe)_ Dog runs/exercise areas are: hECEIFT-WA^^K YOU ^290220 cool ROl T12:C 11/15/9 inside outside both Dog runs/---- ----- ty Ordinance or other inspect the premises prior to ants the ,P*™d A i„y othtr reasonable time during the cense approval undersigned agrees to abide by the cense duration; and . Chanter 5.36 including any special ^irements of J=°citynditlons Imposed by the uiuy cense approval. //- i- Date nit’Y Only - nel inspectea by 74." Z------------ cmmends Approval^ Date if KENNEL LICENSE APPLICATION Effective January 1, 19__ to December 31# 19 p'^gOe. fee ^ropert•/ A-A sC W)).^ W'.LU- (*)V oao "(include city and zipi Mailing Address (if differe;tl= M -hone: (home) _ _ _ _ _ _ _ _ (work) "Uy- - - - - - - RESIDENTIAL Kennel License Inforaation: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time: (over 3 months of age) Principal Breed: w 'C purpose for more than 2 .00,, Dogs normally kept: inside _ _ _^kennel structure nsACIAL Kennel License Information: $150.00 (payment must accompany application) Name of Business: ?:^l^?::*°goI^dIng:-hreedrng, veterrnary care, retari,—) ClTi OF DROrlO FimnCE OFFICE 1313500000 -01 CEH 25.00 Normal Business Hours: After Hours Contact: (name)_(phone) Dog runs/exercise areas are:inside outside ___both h. undersigned her. oy makes -PP^^/^/ied on thls°"form: ■'uncil tor a tihat a kennel license is permissive only iersigned acknowledg . violate any provision of any d doe. not grant ^ hereby ity ordinance or other law or regjilation;^^^^ premises prior to rants the City other reasonable time during the icense approval agrees to abide by the icense duration; and rhaot^r 5.36 including any special equirements of tv* Counci 1 as part of any kennelonditions imposed by the City councix .icense approval. pplicant Dace (Lior City Ose Only «nnel inspected by •commends Approval_J^(j_ Denial Date \ O'' ^ 3 Date: To; From: Subject: November 30, 1993 Ron Mocrse, City Administrator Steve Sullivan, Chief of Police 1994 Beer License The Orono Police Department has conducted a background investigation in regard to Navarre Lanes (Mr. Alfred Donald Scherven). I have nc objection to the issuance of this license. .... J 5 l‘J93 IITY OF ORONO HAPPY HOLIDAYS u..‘ • ^ * ' • *'• ‘ • #» . •' .vr' ^y: > :. ■' y»Ai. • • • • * , . • • • • • . . . % r - -*>/ . , ..V.O - *\. - • •*■ ,'*> .."‘rV'•'.■--• ■'•-'•-■•■-"■^.■-‘.^■.••j.V. *-’i ' ’.■•■ • ■*’ .• • r'.C* *. *• .’ "• • • • . • WL,- i»vf7>-■»*»'T- >•'«'**•' ’■^•:''VV'*’. •^'*■•^'*^■^■- V,'. * 12/31/93 PR CB PRREGOR 193 . f/ EMP •NAME DPT YTD GROSS CURRENT GROSS liS 471688060 ANDERSON. BRUCE 1 31 42801 23 1725 ?' 469526026 CORNICK, JAMES L 31 43375 68 1660 475989721 DEMBOUSKI. JAY C 31 37590 11 1612 34 468821018 ENGLISH III. IRVING 31 42807 48 1692 94 472529007 ERICKSON. KURT R 31 38768 21 941.04 ✓• * .'• • * •^68701868 FISCHENICH. DAN T 31 42136 5'1660 74 4M569863 JOHNSON. BRADLEY P 31 41856 33 1725 24 480843542 MCNICHOLS. DAVID L 31 35384 61 1451 12 * • ' •* , ‘ _ - *•*33*^506281 MOROWC2VNSKI. JAMES 31 41249 06 1725 24 472563051 THOMTON MARK R 31 37715 10 1207 81 4_ 4^4663296 TOMCHECK, LAWRENCE F 31 39382 26 1660 74 470704904 TOMCZYK. MARK W 31 39802 19 1725 24 11,788.43 4 'v 4 m m 9 12/31/93 PR CM PRREGOR , • - V.;' . '-* t-V‘ -. • k - •■ r..' -•>■<*•• *«-ii EMP • NAME DPT YTD QPOSS CUPPE«T GfOSS 469188026 CALLAHAN. EDWARD J 18324677 GOCTTEN. J DIANN 470366069 HURR JOELLEN L 473646272 JABBOUR. GABRIEL 476527U6 KELLEY. CHARLES 11 11 11 11 11 3600 00 2900 04 2900 04 2900 04 2900 04 300 00 241 67 241 67 241 67 241 67 # ■». . <0^J^ *% •«-' 4m 1.266 61 aaaaaMRSsasa • f ' • • ' . • ” ' "" W ' ’ *••*• .*' •• • .1 ’ '•*-* . . . . . . . * '"tv/;-:; —■ .-. . .r -* 7 * % • ‘V'. .t'.- : -- * . ' r;.<•: - ^ ^.-. j ' -. '.’xV.k'' > V *t-' -^y%" ll/:i/83 M; 192 CB PRREQOIt 12/05/93 PR CB PRREGOR 194CMP • NAME471691060 474563339 476921119 471140171 475443662 472503991 469526026 475919721 466621016 472529007 466701666 507565424 460666562 466420632 469017664 474667612 475360151 477500666 475444249 477463677 471569663 475604753 504260307 472500574 121262417 460643542 477700023 334506261 477026776 46P009535 4 7*-7 63251 470700901 469646107 475362963 473746173 470966529 466626194 475569177 267460042 472563051 474663296 470704904 475505292 466629466 500403192 477661539 DPTANDERSON. BRUCE L 31 B082IEN, SUE A 31 BORIS. SCOTT W 31 60SMA. JAMIE L 12 BRINKHAUS. JOHN f 42 CHCSWICK. GARY B 31 CORNiCK, JAMES L 31 OEMBOUSKt JAY C 31 ENGLISH 111. IRVING 31 ERICKSON. KURT R 31 FISCMENICH, DAN T 31 FRITZLER. JOHN M 31 QAFFRON. MICHAEL P 33 GCRHAROSON, JOHN R 42 GOMAN, DAVID J 35 GREGORY. JAMES D 42 HALLIN. DOROTHY M 12 HANSEN, STEVEN C 42 HANSINQ. CAROL J 31 HASEMAN. CAROLE 12 JOHNSON. BRADLEY P 3i KENNEN, JANICE M 31 KNUTSON. CHARLOTTE A 15 KUCHN. tHOMAS M 15 HABUSTH, JEANNE A 33 MCNICHOLS. DAVID L 31 MOORSE. RONALD J 12 MOROWCiYNSKI. JAMES 31 NELSON, DAVID D 35 OBCRAIONER. SCOTT Q 42 OBRIEN. RAND/ L 92 OMAN. LYLE E 33 PALMR, GRE30RV A 42 QUASI. WAYNE A 92 RATMBUN^ BARRY J 92 9CHOCNHOFF, JOHN B 31 SKREEN. dale S 42 tTEFFCNHAGEN, RONALD 9J SULLIVAN. STEPHEN X 31 THOMTON. MARK R 31 TOMCHECK, LAWRENCE F 31 TOMCZYK^ MARK W 31 VANG. BPuCE L 33 VCE. LINDA S 12 WALtCRS, LINDA G 15 WECXMAN. STEPHEN J 33 YTDGROSS41075.99 24564.74 5000 42 14956 54 38041.52 41637 69 41714 94 35977.77 41114.54 37827.17 40475 80 40577 51 35327.00 49036.04 5373 63 31458 06 30432 14 26326 79 13987.10 23143 96 40131 09 6006 13 24345.90 51970 25 44240 01 33933 49 57626.42 39523 82 3279 57 27557 40 29517 57 35326 93 27965 06 34762 eO 26510 51 11343 50 26366 06 30432 12 49371 16 36507 29 37721 52 36076 95 30432 16 25116 03 22640 54 26603 16 CURRENTGROSS EMP 6 NAME91 64 74 19 69 20 38 08 90 40 08 23 44 42 69 03 28 29 00 29 51 05 64 1691 1014 249 591 1611 1727 1566 1484 1587 1588 1538 1692 1473 1937 330 1163 1269 1063 566 1054 1662 199 1014 2187 60 1645 21 1462 2311 1650 66 1063 1013 1473 1083 1417 1327 324 1245 1269 2059 1526 1707 1607 1269 1052 1176 1117 67 64 75 13 26 26 43 27 55 02 12 76 29 20 94 92 61 30 69 10 92 471666060 474563339 476921819 471840871 475443862 472503991 469526026 475989721 46682)016 472529007 468701866 507585424 469686562 468420832 469067684 474667812 475380151 477500666 477500666 475444249 477463677 471569863 477647279 475604753 504260307 472500574 121262417 480843542 477700023 334506281 466909535 476783251 470700901 469848107 475362963 473746173 469629194 475569177 L87460042 47256305J 47466329i> 470704904 475505292 466629468 500403192 477861539 ANDERSON, BRUCE L 80BZIEN, SUE A BORIS. SCOTT W BOSMA. JAMIE L BRINKHAUS. JOHN F CHESWICK, GARY B CORNICK. JAMES L DEM80USKI. JAY C ENGLISH III. IRVING ERICKSON, KURT R FISCHENICH, DAN T FRITZLER. JOHN M GAFFRON^ MICHAEL P GERHARDiON. JOHN R GOMAN. DAVID J GREGORY. JAMES 0 DOROTHY M "TEVEN C r*.n -i c HALLIN HANSEN HANSEL' HANUI.^-'•*.;oL J HASEMAN, CAROLE JOHNSON. BRADLEY P KARNITZ. RICKY D KENNEN. JANICE M KNUTSON,^ CHARLOTTE A KUCHN. THOMAS H MABUSTH. JEANNE A MCNICHOLS. DAVID L MOORSE, RONALD J MOROWC2YNSKI. JAMES 06ERAIQNER. SCOTT G OBRIEN. RANDY L OMAN, LYLE E PALMER. GREGORY A OUAST WAYNE A RATHBUN. BARRY J SKREEN. DALE S STEFFENHAQCN, RONALD SULLIVAN. STEPHEN X THOMTON. MARK R TOMCHECK. LAWRENCE F TOMCZYK. MARK W VANG. BRUCE L VEE, LINDA S WALTERS. LINDA Q UECKMAN. STEPHEN J DPT31 31 31 12 42 31 31 31 31 31 31 31 33 42 35 42 12 42 42 31 12 31 31 31 15 15 33 31 12 31 42 92 33 42 92 92 42 93 31 31 31 31 33 12 15 33 YTDGROSS CURRENTGROSS52 38 20 09 90 43 83 36 80 95 44499 25579 5499 89 15596 26 40253 43365 45111 39165 80 44539 90 40336 61 43901 07 42269 75 36600 45 51209 07 5659 00 33013 64 31701 26467 29719 14562 24125 43923 66 2452.21 6221.95 25360 53 54137 85 46065. 36703 60140 42617 29176 30793 36600 29230 36146 29756.29 29601.70 31701 51430 39224 40692 41370 31701 26303.69 23791.96 27921.07 61 II 26 46 93 34 37 •6 94 41 31 •6 02 59 44 29 64 47 72 61 20 22 1696 1014 499 641 1611 1727 1736 1575.69 1731.42 1561.40 1764.53 1692 24 1473.45 2172.43 264.37 1555.56 1269.29 161.04 1231.53 575.70 961.99 2067.35 15.02 213.52 1014.63 2167.60 1645.20 1319.20 2511 64 1586.40 1621.53 1245.77 1473.44 1245.71 1146.34 1245.76 1235.B2 1269 2059 1509 1509 1561 1269 1165 641 29 20 76 7t 40 21 66 44 59.311 35 ^ 1117.61 •1.624.60 COUNCIL CHECK REGISTER Thu Dec 9 1993 01;26;12 o Page iCHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT i INVOICE PO NUM. MANUAL0294S71993/12/13 tl4.22114.22*AT&T TELEPHONE 0549-4320 001209 OH0294911993/12/13 U7 50 S47.50*ALL STAR ELECTRIC REPAIR CIRCUIT (SIRE 0175-4342 001210 OH 029499 1993/12/13 $271 58 $271.58* ALL STEEL PRODUCTS PART 0249-4233 1797 OH 029500 1993/12/13 19 59 $9.59* ANDERSON-BRUCE REPAIR FLASHLQT 0129-4342 001211 OH 029S01 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 $43.90 $28.64 $28 64 $28.64 $28 64 $28 64 $187 10* AT A T INFO SYSTEM AT A T INFO SYSTEM AT A T INFO SYSTEM AT A T INFO SYSTEM AT A T INFO SYSTEM AT A T INFO SYSTEM DATA PROC DATA PROC DATA PROC DATA PROC DATA PROC DATA PROC 0129-4340 0249-4340 0059-4340 0069-4340 0129-4340 0174-4340 001212 001212 001212 001212 001212 001212 OH OH OH OH OH OH 029502 1993/12/13 $2,279 52 $2,279 52* BARTON SAND/ORAVEL SAND 0249-4233 001215 OH 029S03 1993/12/13 $1,120.00 $1.120 00* BLACKOWIAK A SON LEAF HAUL 0295-434S 124444 OH 029504 1993/12/13 $151.65 $151.65* BLACKOWIAK A SONS TRASH HAUL 0099-4343 124339 OH 029505 1993/12/13 $125 43 $125 43* BORCHART INDUSTRIAL SIGN RACK 0249-4232 09542 cm 029509 1113/12/13 $206.54 $206.54* BUDGET PRINTING PRINTING 0129-4322 40482 OH O2|S07 1993/12/13 $14 08 $14 08* CELLUlARONE TELEPHONE 0249-4320 oc::ii OH 029501 1993/12/13 $5.80 $5 80* CHESWICK/GARY MTQ EXP 0129-4359 001219 m 029509 1993/12/n $80 00 $80 00* CIRCUIT RESEARCH CORP TEST WATER 0549-4306 31129457 OH 029510 1993/12/13 1993/12/13 $68 90 $18 .18 $87 08* CITY OF LONG LAKE CITY OF LONG LAKE LS FLASHER 0569-4324 0249-4324 001231 001230 OH OH 029511 1993/12/13 8585 00 1585 00* CITY Of ST PAUL CONFERENCE 0129-4356 031758 OH IQ295U 1993/12/13 8^05 79 1405.79* COLONIAL LIFE INS CO INS 0129-4152 001216 OH) o i r o 02ni3 1993/12/131993/12/131993/12/131993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 029514 1993/12/13 1993/12/13 029515 029519 029517 1993/12/13 1993/12/13 1993/12/13 1993/12/13 029511 029519 029520 021521 1993/12/13 1993/12/13 1993/12/13 1193/12/13 1993/12/13 029522 029523 1993/12/13 1993/17/13 1993/12/13 1993/L2/I3 1993/12/13 1993/12/13 1993/12/13 1193/12/131993/12/13 1993/12/13 167 67 $17.99 $6.99 $21.41 $2.02 $.85 $2.63 $39 25 $1.95 $160.76* $539.19 $189.87 $729.Off* $540.00 $315.00 $855.00* $4.55 $4.55* $75.00 $75.00* $155.95 914.75 $240.70* $5,265.00 $5,265.00* $51.$$ $51.1$* 99SO.00 $650.00* $42 $138 $10 $138 9211 $29 $570 56 11 24 66 02 56 15* $46.95 141.95* $31 63 1461.70 $91 57 P49* 2DESCRIPTIONACCOUNT 9 INVOICE PO NUM. MANUALCOMMERCIAL LIFE/QRP COMMERCIAL LIFE/QRP COMMERCIAL LIFE/GRP COMMERCIAL LiFE/GRP COMMERCIAL LIFE/QRP COMMERCIAL LIFE/QRP COI>MERCIAL LIFE/ORP COMMERCIAL LIFE/GRP COMMERCIAL LIFE/GRP DEC INS DEC INS DEC INS DEC INS DEC INS DEC INS DEC INS DEC INS DZC INS 0129-41520039-41520174-41520249-41520549-4152 0590-4152 0S69-41S2 0069-4152 9001-1298 001217001217001217001217001217 001217 001217 001217 001217 OHOHOHOHOHOH OH OH OH COPY OUP PR INC COPY DUP PR INC TONER COPY MACHINE 9001-1261 0129-4210 1825971 1832996 OH OH OAHLKE TREE SERVICE DAHLKE TREE SERVICE TREE REMOVAL 4 TRIM INSTALL CHRISTMAS DE 0249-4390 0299-4900 001220 001273 OH OH DEMBOUSKI/JAY MTO EXP 0129-4356 001221 OEPT/PUBLIC SAFETY PERMIT 0249-4393 001274 OH DYNAMED DYNAMEO SUPPLIES SUPPLIES 0129-4232 0249-4232 732201 732201 OH iQHf E-2 RECYCLING NOV FEE 0295-4392 000829 OH EARL F ANDERSON ASSC SIGNS 0249-4233 129480 OH ELMER PETERSON CO REPAIR LS 0569-4344 001249 OH Q 4 K SERVICES G 4 K SERVICES G 4 K SERVICES G 4 K SERVICES 0 4 K SERVICES Q 4 K SERVICES UNIFORMS HATS UNIFORMS MATSUNIFORMS UNIFORMS 0569-4221 0129-4343 0590-4221 0099-4343 0249-4221 0549-4221 001223 001223 001223 001223 001223 001223 OH OH OH OH ON OH GENERAL SERVICE REPAIR MLAD 0408-4531 001269 OH GENUINE PARTS CO GENUINE PARTS CO GENUINE PARTS CO SUPPLIES SUPPLIES SUPPLIES 0129-4232 0249-4232 0569-4234 001222 001222 001222 OH OH OH *2 oCOUNCILCHECK REGISTER Thu Dec 9 1993 01:26:12 Pagt 3CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT t INVOICE PO NUH.MANUAL 029524 1993/12/13 912.43 5604.33* GENUINE PARTS CO SUPPLIES 0249-4233 001222 OH 029S25 1993/12/13 1993/12/13 1993/12/13 512.15 91S.04 52.91 530.10* HALLIN/OJROTHY HALLIN/DOROTHY HALLIN/OOROTHY MTQ MILEAGE MILEAGE 0039- 4356 0040- 4361 0039-4381 001225 001225 001225 OH ON OH 029529 1993/12/13 552.45 552.45* HARRIS OFFICE EQUIP REPAIR CALCULATOR 0069-4340 0117 OH 029527 1993/12/13 51.406.73 51,406.73* HENN CTY FIN DIV OCT ROOM & BOARD 0080-4358 002236 OH omai 1993/12/13 1993/12/13 531.22 595.47 9133.69* HENN CTY SHERIFF OPT HENN CTY SHERIFF DPT REPAIR OCT BOOKING FEE 0129-4342 0080-4351 001226 001224 OH OH 029$:9 1993/12/13 522.20 522.20* HENNEPIN COUNTY ATTY 0 DRUG FOREITURE 9001-3611 001277 OH 029530 1993/12/13 512.77 512.77* HENNEPIN COUNTY TREASU FORMS 0039-4210 93000031 OH 029531 1993/12/13 1993/12/13 19i3/12/13 1993/12/13 1993/12/13 52.69 52.69 $2.70 52.70 52.70 513.45* IMS/MN IMS/MN IMS/MN IMS/FW IMS/FW METER TAPES METER TAPES METER TAPES METER TAPES METER TAPES 0039-4210 0069-4210 0249-4210 0569-4210 0174-4210 15534 15534 15534 15534 15534 OH OH OH OH OH Q29S32 1993/12/13 554.26 154 28* INTERSTATE 8ATTERIES BATTERY 0249-4232 110968 OH 029533 1993/12/13 556.39 599.39* INTERSTATE BATTERIES BATTE'0249-4232 113919 •OH 029S34 1993/12/13 1993/12/13 573.60 5715.49 5159.09* JOHN BECKMAN JOHN BECKMAN install thermostat C REPLACE DOOR 0099-4343 0590-4343 001214 001213 OH • 029535 1993/12/13 914.01 514.01* JOHNSON/BRADLEY SEMINAR 0129-4356 001227 OH 02953«. 1993/12/13 527.99 527.99* KOEHNENS STA»K>AR0 REPAIR 0129-4341 001221 OH eiiS3< 1993/12/13 1993/12/13 '993/12/13 534 SO 531 07 53.14 569.71* KUEHN. THOMAS KUEHN. THOMAS KUEHN. THOMAS MILEAGE MILEAGE mileage 0569-4381 0069-4381 0174-4381 001275 001275 001275 ON OH OH 1993/12/13 996.00 LONG LAKE FAMILY PRACT hepatitis shots 0129-4306 19962 OH COUNCIL CHECK KEQISTCR Thu Dec 9 1993 01 :26:12VENDOR DESCRIPTION ACCOUNT i INVOICE029S3I$96.00* 1993/12/13 1993/12/13 1993/12/13 $20.10 $5.82 LONG LK LONG LK FORD TRACTOR FORD TRACTOR PART PART 0249-4232 0249-4232 178232 179344 $14.06 LONG LK FORD TRACTOR PART 0249-4232 17 8 3 029539 $40.08* 1993/12/13 1993/12/13 $106 87 $21 56 MABUSTH- HABUSTH- JEANNE JEANNE CONFERENCE MILEAGE 0174-4356 0174-4381 001239 001239 029540 $126.43* 1993/12/13 1993/12/13 $637 S3 $5 00 MARTINS MARTINS NAVARRE 66 NAVARRE 66 REPAIR GASOLINE 0129-4341 0174-4220 001271 001271 029S41 $642.53* 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 $251.12 $271.00 $458.16 $542.00 $113.00 $2,000.32 $1,103 4$ $1,236.16 $387.20 HEOICA CHOICE MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE HEOICA CHOICE HEOICA CHOICE HEOICA CHOICE MEDICA CHOICE HEOICA CHOICE DEC INS DEC INS DEC INS DEC INS DEC INS DEC INS DEC INS DEC INS DEC INS 0549-4151 0115-4151 0174-4151 0069-4151 0249-4151 0129-4151 0039-4151 9001-1298 0569-4151 193335102552 193335102552 193335102552 193335102552 193335102552 193335102552 193335102552 193335102552 193335102552 $7,069.44* 1993/12/13 1993/12/13 $93.49 $94.19 MIDWEST MIDWEST ASPHALT ASPHALT ASPHALT asphalt 0249-4233 0249-4233 13629 001231 029543 $l$l.3$* 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 $2 51 $41.99 $2.51 $39.14 $114.67 $2 51 tS .21 $5.21 $5 22 $2.51 $5.21 $5.21 $2.51 MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST BSNS PROD BSNS PROD BSNS PROD BSNS PROD BSNS PROD BSNS PROD BSNS PROD BSNS PROD BSNS PROD BSNS PROD BSNS PROD BSNS PROD BSNS PROD OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES COPY PAPER OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES 0249-4210 0129-4210 0174-4210 9001-1261 0129-4210 0069-4210 0069-4210 0059-4210 0039-4210 0059-4210 0249-4210 0174-4210 0039-4210 661393 661393 661393 661393 659122 668393 6S9122 659122 659122 661393 659122 659122 668393 021544 $235 11* 1993/12/13 $39.22 MINH COMM TELEPHONE 0249-4320 001235 021145 $38,22* 1993/12/13 1993/12/13 1993/12/13 fl.l93 44 $539 67 $19.17 MINNEQASCO MINNEGASCO MINNEGASCO UTILITY UTILITIES UTILiriES 0099-4324 0099-4324 0569-4324 001232 001733 001233 029549 $2,452 21* PO NUM P»9t 4 MANUALOH OH OH OH OH OH OH OH OH OHOH OHOHOH OHOH OHOH OHOHOH OHOH OHOH OHOH OH OH OH OH cm OH OHcm o oCOUNCIL CHECK RCQISTER Thu Dec 9 1993 01:26:12 Ptgt 5 MANUALCHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION PO NUM.029547 924.98*INS 0129-4152 001237 OH029S491993/12/13 $136.149136.14*MN POL RECRNMT SYS MPRS LAWSUITS 0080-4303 001234 OH 029549 1993/12/13 9211.00 $218.00* HOORSE RON CONFERENCE 0039-4356 001240 OH 0295S0 1993/12/13 $2.213.C6 92,213.06*MORTON SALT ROAD SALT 0249-4233 12324 OH 029551 1993/12/13 1993/12/13 913.50 931.50 945.00* MPLS OXYGEN CO MPLS OXYGEN CO DEMURRAGE DEMURRAGE 0129-4232 0129-4232 RI11300842 RI11300841 OH OH 029552 1993/12/13 976.80 976.80*NATL SAFETY EQUIP OUTL SUPPLIES 0129-4232 28929 029SS3 1993/12/13 9750.00 9750.00*NOTHERN WATER WORKS SU HIGHWOOO RO 0249-4233 M75718 OH 029554 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 9215.13 97.40 9255.52 952.85 915.34 9173.94 9309.84 93.31 997 26 91,418.47 9160.33 92.709.59* NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITY utilities UTILITY 0569-4324 0290-4324 0569-4324 0590-4324 0290-4324 0249-4324 0549-4324 0175-4324 0249-4324 0099-4324 0569-4324 001244 001244 001243 001243 001243 001243 001243 001243 001241 001243 001241 OH OH OH OH OH OH OH OH OH OH OH 029555 1993/12/13 91.142.06 91.142.06* NSP ST LIGHTS 0249-4325 001242 M 021551 1993/12/13 968.32 968.32* WUN/LYLE MILEAGE 0174-4381 001245 OH 029557 1493/12/13 1993/12/13 1993/12/13 91.209.29 9365.72 9147.17 91.722.88* PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR REPAIR REPAIR REPAIR 0249-4341 0129-4341 0249-4341 001270 001270 12312 OH OH OH 029551 1993/12/13 9113.192 SI 9113.192 88*PROGRESSIVE CONST STUBBS BAY PYMT II 0408-4531 001261 OH 029559 1993/12/13 1993/12/13 1993/12/13 94.532 50 92.254 61 94.459.68 911.446.79* PUBLIC EMPL RET ASSN PUBLIC EMPL RET ASSN PUBLIC EMPL RET ASSN PERA 11/8-11/21 MOLIDAV PERA PERA U/22-12/5 9999-2031 9999-2031 9999-2031 '1248 ^01249 001269 OH OH OH u eCOUNCIL CHECK REGISTER Thu Dec 9 1993 01:26:12CHECK HO CHECK DATE CHECK AMOUNT VENDOR029S6Q029561 029S62 029553 029594 0295IS 029599 029567 029561 021569 02IS70 029571 029572 029573 1993/12/131993/12/131993/12/131993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/17/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/15/13 1993/i:/13 1993/12/13 1993/12^3 1993/l':/13 1993/12/13 # S9.60 St.80*8432.75S20.008452.75*810.38 860.36 83.65 874.39* 82.126.27 82.126.27* 820.36 820.36* 873.02 873.02* 811.10 811.10* 8943.42 8943.42* 85.90 85.00 810.90* 829.95 829.95* RETTINGER BROS OIL CORIGS & SQUADS RIOS 4 SQUADSRITZ CAMERA RITZ CAMERA RITZ CAMERA ROLLINS OIL CO RYAN FORD STATE OF MINNESOTA STATE T.*:EASURER OFFICE SUBURBAN TIRE INC SULLIVAN. STEPHEN SULLIVAN. STEPHEN SWENSON ELECTRONICS 835.88 8171 BO 8207.48* THE LAKER THE LAKER 84.50 84 50* TOMCZYK. MARK 8279.03 8279.03* TRI'K SPORTS 8279.30 8279.30* US WEST CELLULAR 8109.94 829.16 854.18 812.49 883.32 US WEST COMMUN US WEST CCMMUN US WIST COMMUN 0$ WEST COMMUN US WEST COMMUN O o P«9t 0DESCRIPTIONACCOUNT I invoice PO NUM.MANUALKEROSENE0249-4220 01015 OHREPAIR0129-4342 2552 OHREPAIR0129-4342 2529FILM PROC FILM PROC FILM PROC 0129-42100129-4210 0129-4210 37656263766696 3765116 OHOH OH GASOLINE 9001-1260 001250 OH REPAIR 0129-4341 51896 OH MANUALS 0129-4240 001236 OH DRUG FORFEITURE 9001-3611 001276 OH TIRES 0249-4232 045932 OH SEMINAR PARKING 0129-4356 0129-4381 001265 001265 OH OH REPAIR 0039-4340 12994 CM AD 0174-4323 001229 OH AD 0039-4323 001229 ON SEMINAR 0129-4356 001253 OH DIRT 0249-4233 1783 *Ort TELEPHONE 0129-4320 00125S OH TELPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE 0590-4330 0569-4320 0549-4320 0549-4320 0174-4320 001257 001257 001256001257 001257 ON OH OH OH OH € 1'o e>COUNCIL CHECK REGISTER Thu Dec 9 1993 01:2c.12 Pige 7CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT 8 INVOICE PO NUH.MANUAL 0|fiS74 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1993/12/13 1923/12/13 $44.75$83.32 $94.27 $.72 $54.18 $259.92 $141.90 $83.32 $1,048.47* US WEST COHHUN US WEST COHHUN US WEST COHHUN US WEST COHHUN US WEST COHHUN US WEST COHHUN US WEST COHHUN US WEST COHHUN TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE ADV TELEPHONRE 0069*4320 0059-4320 0039-4320 0590-4320 0175-4320 0129-4320 0590-4323 0249-4320 001257 001257 001257 001257 001257 001257 001257 001257 OHOH OH OH OH OH OH OH 029S7S 1993/12/13 1993/12/13 $65.52 S12.15 $77.67* VEE LIN VEE LIN HILEAGE MTG 0039-4381 0039-4356 0C1254 001254 OH OH 029576 1993/12/13 $37¥.08 $373.08* VESSCO INC PARTS 0549-4232 4622 OH 029577 1993/12/13 1993/12/13 $3,762.62 $9.519.IS 913.280.77* WALDOR PUMP WALOOR PUMP LS HAINT LS MAINT 0569-4344 0569-4344 001260 27351 (W CM 029578 1993/12/13 8223.65 $223.65* WARNING LITES OF MN FLASHERS 0249-4331 0053383 OH 029579 1993/12/13 $229.03 $229.03* WATERPRO WTR HETER 9672-1273 520713 OH 029510 1993/12/13 $2,610.03 $2,610.00* WAYZATA-CITY OF 4TH OTR FIRE 0133-4318 001259 OH 029511 1993/12/13 1993/12/13 $10.08 $26.32 $36.40* WECKMAN STEPHEN WECKMAN STEPHEN MILEAGE MILEAGE 0174-4381 0174-4381 001263 001261 OH OH 029512 1993/12/13 1993/12/13 1993/12/13 $36.43 $1.50 $107.00 9151.93* WESTSIDE WHOLESALE TIR WESTSIDE WHOLESALE TIR WESTSIDE WHOLESALE TIR REPAIR TIRE REPAIR REPAIR 0249-4342 0249-4341 0249-4342 51333;A 51698;A 50829:A OH OH OM 029519 1993/12/13 1993/12/13 $7 35 $8.63 815.98* WRIGHT HENN ELECTRIC WRIGHT HENN ELECTRIC UTILITY UTILITY 0249-4324 0249-4324 >^01258 001262 'OH OH 029514 1993/12/13 9321.33 8321.33* YOCUM OIL CO INC UTILITY 0590-4324 001264 m Ills.125.71 O o oCOUNCIL CHECK SIMMRY Thu Dec 9 1993 01:26:18 Ph9« 1FUND I 001 GENERAL FUNDFUND • 426 92 STUBBS SWR FDFUND • 672 WTR OPERATING FOFUND I 673 SWR OPERATING FDFUND • 674 Q/C OPERATING FDFUND 6 969 PAYROLL CLEARING 842.410.89S113.239.83 81.367.54 815.240.34 81.420.32 811.446.79 8115.125 71 o ©n ©Sc'jy 2Sv*5ri.« „:4. »M IMMEDIATE PAYMENT A/P loc: OR-FINCE- -job: 3091 iJ911 CHECK REGISTER IP1123.D t----profl: CK200 <1 07> —-roport Id; CKREfl!-:Pbypo XD Povoo Nahi# —■ ■■■■■•■a aaaaaaaaiaaa a a a a aa.a aa........ ChOCK AmOUnt TypO Subt Rol To Noto a. 02U„ VOID ST*.T v.iv sulu; . . . . .. . . . . . . . . . .. . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . Oft 029470 Oft 029471 Oft 029472 Oft 029473 Oft 029474 OR 02947S Oft 029479 OR 039477 Oft 039479 Oft 039479 Oft 029490 OR 029491 OR 039492 Oft 029413 Oft 029414 OR 0294IS Oft C29444 Oft 029417 Oft 029419 Oft 03«4I9 Oft 029490 Oft 029491 VOID.START VOID.START 1059 1047 1048 1040 1041 1090 1091 loss 10S7 lost 1043 1093 1062 1049 1048 1042 1052 10S4 1053 1049 Void - Starter Chech Void - Starter Chech CITY COUNTY CREDIT UNION COLONIAL LIFE INS COMMERCIAL LIFE INS FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES GREAT WEST LIFE ASSURANCE CO GROUP HEALTH PLAN HENNEPIN COUNTY SUPPORT AND CO HENNEPIN COUNTY SUPPORT AND CO ICMA RETIREMENT TRUST-457 LAW ENFORCEMENT LABOR SERVICE MED CENTER HEALTH PLAN MEOICA CHOICE MINNESOTA ftCNEFIT MINNESOTA DEPT OF REVENUE HN STATE RETIREMENT-DEF COMP PEBSCO/OBRA PEBSCO/US CONF OF MAYORS PERA LIFE INS 11/24/93 11/24/9J 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 11/24/93 0. 0. 4.936. 137. 67 . 1,664. 2,822. 33,994 1,355 1,011 148 184 30 350 499 2,559 9 2,684 100. 33. 783. 60 00 00 .00 .19 .77 .43 .23 43 .00 .94 .50 .00 .00 .00 72 72 09 03 00 08 48 00 VM VM MW MW MW MW »tl MW MW MW MW MW MW MW MW MW MW MW MW MW MW MW IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP Void Void 0 C)C>)IMMEDIATE PAYMENT A/P _ loc: OR-FINCE- -Job: 3091 IJ911 CHECK REGISTER IPU23 D - -prog: CK200 <1.07>- -report Pofo 2CKREQ—sijr .TO »>«•• Mama Data Chach Amount Typa Sobs Ral Ta NotaCAach Pbyaa ID. Pay## warn# . . . . . . . ■■aa aaaa aaaaaa a aaaaaaaaaaaaaaaaaaaaaaaa a aaaaaaaaa :aaaaaaaaaaa aaaaaaaaaaaa a a a a a aa aa a a a a a a a a aa a ■ a a a a a a a a a aaaaaaaa a a a aaa aa aa aa a a«aON 02R492 1044OR 029492 1050 PERAUNITED WAY SUB TOTALS: Total Void liachin# Wrltton Total Void Hand Written Total Machine Written Total Hand Written Total Reversal* Total Cancelled Check* SUB TOTAL 11/24/9311/24/93 3,444.01 14421.00 Mrf 0.00 0.00 63.527 47 0.00 0.00 0.00 63.527.47 IPIP Nufnbe r of Chtc kf Proc tt 'atd:3 Numbtf of Chtekt Proettttd:0 Nuffibe r of Chtc kt Procttttd:22 Numbt r of Chtekt Proettttd:0 Numbt r of Chtekt Procttttd:0 Numbt r of Chtekt Procttttd:0 U tjl fT*H!f il;«l■•T••Mill•Milt] TO:Ron Moorse, City Administrator FROM:John R. Gerhardson, Public Works Director DATE:December 13, 1993 SUBJECT:Easement Acquisition Bridge Replacement Old Crystal Bav Road As part of the bridge replacement project on Old Crystal Bay Road, it is necessary to acquire temporary and p>ermanent easements from four properttes adjacent to the bridge. We have acquired one temporary and permanent easement, approval acquisition of one other and are ready to approve the third and fourth easements. I have completed negotiations with Mr. Charles James, owner of the property at 425 Old Crystal Bay Road, and Mr. and Mrs. James Bailer. 315 Silver Meadow Drive, and am recommending approval of the following amounts for the easements: Charles James 425 Old Crystal Bay Road Permanent and Temporary Easement Tree damage S343.00 300.00 S643 00 James Bailer 315 Silver Meadow Drive Temporary easement $ 85.00 The above amounts are reimbursable from Municipal State Aid Funds ch INFORMATION ITEMS COUNCIL MEETING OF COUNCIL MEETING DEC 5 3 1993 cmroFORONo Date: To: From: Subject: December 6, 1993 Ron Moorse, City Administrator Steve Sullivan, Chief of Police Human Rights Complaint PS19930004 Ifeoma Njaka Please find attached a letter from the Minnesota Department of Human Rights that I received today. Ms. Njaka had claimed that our department had discriminated against her based on her race. The letter informs us that the charge has been dismissed by the Department of Human Rights. Ms. Njaka may still bring a civil action against us j.n district court within 45 days of this dismissal notice, which was dated November 30, 1993. A similar complaint against the Mound Police by this same person was also dismissed. I AAiMHesota PemtmHP of timah 30, 1993 REF: PS19930004 Ifeoma Wjaka vs. City of Long Lake Police Dept Steve Sullivan Police Chief City of Long Lake Police Dept 1964 Park Avenue Long Lake, MN 65356- Dear Steve Sullivan: The Deoartment of Human Rights has reviewed the issues related to, and the information provided in connection with the above captioned charge. Based UDon that review, and under the authority granted by Minn. Stat 363.06, Subd. 4(7), the Commissioner has aetermined not to process this charge further. Under this authority the Commis sioner may determine which charg^»s are processed and the oroer in which charges are processed. The Commissioner may dismiss a charae if further use of the Department's resources warranted. THIS CHARGE HAS BEEN DISMISSED PORSUANT TO THAT AUTHORITY. The basis for this decision is outline on ne enclosed ni'jmorandum. The Department will take no further . "I® Pursuant to Minn. Stat. 363.14, Subd. 1(b)(1), the Charging V may bring a civil action against the Respondent in distri within 45 days of the dismissal of this case. If you have any questions, you may contact the Department at (612)296-9061. S inc^e David Beaulieu Commissioner AN EQC*L opportunity employer 900 B»em« m P<«:» •«W Si P«W. 55101 (6i?)w^57 3704- TO: FROM: DATE: SUBJECT: Mayor and City Council Ron Moorse, City Administrator f November 4, 1993 * 4.^ > ' t V -. i. # T*" r ■ “*• ^ '* • Legal Costs Related to the Disciplinary Hearing Public' Works .Staff ; •> Th^ citv has been billed for 41 hours of legal services related to thi public work.9 staff disciplinary hearing. The hours can be divided into three categories: 1.) Advice to city staff in following through on the disciplinary action. 2 ) Research and advice to the City regarding the Open Meeting Law and Government Data Practices Act as t ey related to the hearing. 3.) Conducting the disciplinary hearing. Of the le u. service time spent related to the disciplinary action, ^ol■r^were^elated directly to the hearing, 10 hours were related to research and providing e related Meeting Law and other related issues, and S 1/2 "rproviding advice to staff and preparing for Che hear.ng. T hAve attached a letter from Popham Haik responding to concerns expressed by Che City regarding '=^5 toThe^'l^aal°cos?s, phase of Che disciplinary eva”a?e the services' receivedthe letter requests that the City evaiua warranted, and make whatever payment, if any, tne city -1 ‘•/e 1'. V- si , .. •» - , ^ 9* 4 ^ V • f . *':V» I TVrr ^ . w •# ■ • f „ ' .*i v.. f. • V* 44 *>' Aw-'. at P O P H A M M A 1 KSOHNOa*<CH ft K.u»«*r.. LTD U.t Ofwtrf- HOC MlAM*. Ply0*i^ T«k fe9.a»0.490tQ V«Aftl*tM#%fTMft o r rtt m i799 SuiTf. 3300 222 South Ninth StbCKT MiNMCAoniic. MiMNCcnTA 3S40Z THi. 8 I 2-333-4800 FAR KcviM P. StaUNTOM, E*0. DiPtcT Dial (8iaj tsA-MfO «. ^ : :> J .' y«-' lMr(»MAr>oNAu OTrtctti LCi^lK, 089MANT • • TilQM40.|4I^8i842S; . ♦ > Tlu 0ll4»'7ll-t»«SO3 W r- October 21, 1993 vT^ facsimile Ronald J. Moorse Pot Office Box 66 Crystal Bay, Minnesota 5.^323*0066 Re; Billing for O’Brien Disciplinary Matter Dear Ron: I am wriUng at Tom Barretfs request to tespood to °ou October 19. 1993 to him that dealt witli the ^ j ,dvicc regarding the- s:rr-„7r=r r :s .v... - we review why the heanng was allowed to go on for so long . I have reviewed the bill and hrve tl.e following r^ponses to your inquiries: • The first of O’Brien. In connection with that meeting, yzc ro»«cil of the legal requiremsnta Pracuces Act We subsequenUy advised bom 3;“ Sject - ot' me mose two laws. 1 have atuiLbcd copie -rivKy and the public ’s right to i,. tension >>«'*«"»t>y »'/VBe^ of me tension between me employee-, rtgm t :rtv^^-^ ^ . ttcess to me political process, government employee dlsclpUnaiy mtmn'»" J - 4 1# .} » ^ , \oaim sT^• • *■ ;.• •<■ *.*•• ■V ffx. % . y. .. '■o .<r‘' ' 7 SSj ' ' i- "'J A ‘ or‘ Ronald J. Moorsc October 21, 1993 Page 2 » aosi dlffioiit Open Mccilng Law and Daca Praciicca Act iasuca. (t took ua acme lime to aocl through thoae ia^ and be sure that we were providing the City with the proper advice. • Th. ra.riniln«rv Heartnt. Once Mr. Q-Brien appealed Uie discipline imposed upon him. th- City's Personnel Policies required a hearing before ilie City CounctL The Personne ?0Ud.:r d^ not o “^e the type^of hearing required in -i^Uon ^ a sufneient record to avoid a rinding to Uie event of an appeai that the City Mttd “J _ trb^ 0 ^ricious manner. 1 outiined a process that caUetl for Ute Council (as >he dectston ma^U) have separate representation from you (as the person advocadng the dtsciphne). M "reeX I Lvised y'ou to conauit with Andrew Palter of our " Andv dldl that it was not required that he be present at the hearing. I ai P tX tued at the hearing that aliowed each side fuU opportunity to present then stones, again to w “fort to tauiate L City from potenual ds nflya review. I have atuched for your tofotmation. a copy of the ieiter I sent to both you and Mr. 0 Bnen outUmng that process. The process I outlined did not envision a hearing of over five laours; I was as “ anyone to hear about the time involved. Since I was not there. I cannot eaplain why the hearing took as long as it did. Obviously, the entire process associated with Uus matter turned out unsaUsfscrerily for both you and the Council. I am also disappointed widi the way things turned out. ■ i respect to the bill, we do not ask any cUent to pay bills it ' only aak that you evaluate the value of die services you received end make whatever payment. If any, you feel Is wairamed. I hope this answers your questions. Please give me a call when you have had a chance to consider this matter so that we can bring this matter to a conclusion. Sincerely. Kevin P. Staunton cc: TJBarrcu • A tlMSSZSUl KVXiAl % •;* , iV I’OIMIAM Ha IK * ! ^ * » . M U.t drr*rc€ 0 M • o%«i«ra. cn* rCw »01 ft W^090 li t; tfv 10^ ft«r.«iYOO ^ C ‘ t ft I <», 14 & r. A 1 I < M A *4 i, It f , u < r I ^ > o C • i* / « I.* V »“ *- . s • •• 5 * f I • M«N«4iAPC*. ift. Ml^lNIi.*. V* nftl0 7. t»« r, -tftOC eiii l^rvtM r Staum T^n . Otaifii niAc <fti 2) 9^4 e-sto « ^ . « •Aviaaia O^^ftCSi w^<** V. C#A ma *4* 4. rrS7 41 4ftlft4?t !.• Mf ••.A*!. Oc«a*A4»* Tf I 0««4« 7ll-/n«101 Julv 2K. !*>■>? VIA HAND DELIVEKY AND US MAIL VIA FACSIMILE Mr. Randy O'Brien 8038 County Road 6 Maple Plain MN 55359 Mr. RunalJ Moorsc Ciiv Manaccf tf %• City of Ofono 2750 Kelley Pa.-kway PO Box 66 Cry.xial Bay MN 5532.1 Re: Randy O'Bnon Discinlinar v Appeal Gentlemen: Z i mt 1 1 am y^Tiiing on bchall of the Orono Ciiy Council regarding ihe hc.xrinf in Uic above- referenced matter. As you know. Vtr. O’Bricn’.v appeal hcarin|t i.s .scheduled to be held at 3:30 p.m. on Thursday. July 29. 1991 at the Orono City Council chambers. The purp<-).sc of this letter t.s to advise bi>ih parties of the pnxre.s.s which will be used at th.nt heariiic. 4 Both parties arc entitled lo legal representation at the hearing. I understand that Andrew Parker will be rcpfo.vniinp the City Manager At Lhis time. I am not aware that Mr. O'Brien will be represented h> legal counsel. Julie Fnedrr.ann will repieseni the City Council. • The hearing will l>e held for uhc purpose of deiennir.tr.g whcthci Uie di.u;tpHne . imposed on Mr. O'Diicn h> the City Manager should be vawaied. TTjc City Manager shall^f?^^ have the burden of showing that the conduct of Mr. O’Brien warranted ihc discipline imposed ♦ and that the procedural recjuircmeris of the City ‘.s personnel policy wcic followed. I". ^ ' .R.', ■ * 0 4k 4 . t -»• •% 2ti/3XPMIf r/7Mt . . K;v“ ' f • ,v -91 a it ■■M ■i 1 \ 4 A 1 *H0 m . »> ■K- .t0- .^■ ..., t >»*■ ‘‘♦t'-'jp} ;4.a7* m ' t'' * ■ j 0 1, >•*'= . ^ \ r n ^■ t Mr. Randy O’Brien Mr. Ronald Moorsc July 2«. 1993 Page 2 ...1. *■■■ ' ■ Al the hearing. Ihc City Manager will present evidence through documents or sworn Icstiinony from witncs.vij(. The City Manager's witne.sse$ w*iil bt! subject to cross-examination by Mr. O’Brien. After the City Manager h.is presented his ease, Mr. O’Brien will be allowed to prticnt evidence Uirough documents or sworn testimony from witnesses. Mr. O'Brien’s wiineaacs will be subject to cross-examination by the City Manager. Both p.iritcs will have the opportunity to present rebuttal evidence. At the conclusion of the hearing, the panie.«i will have up to ten minutes each to summarize their arguments on the issues. The city council will then close the meeting to delibt^ratc. The council’s dcci.sion will sub.sequemly be delivered to both panics in writing The Mayor or his designee shall h** the presiding officer at the hearing. The presiding officer will rule on any evidentiary obiee*iyns. The Council snail accept any rca.5onably reliable evidence, according it the appropriate weight it is due. The presiding officer na.< the power, however, to exclude any evidence that is unricccs.sarily cumulative or duplicative. I hope this clearly .sets out iht; procedure to be followed at the hearing. If you have any questions heiwceu row and die hearing, please feel la*c to contact either me or Julie Friedman. Kevin r. .SiauntOM cc:Julie I'ricdinan Andrew Parker Diane Gunon *• .* r ^ k • • *./* 1 ^ ■ .. ■ ■ r*- •J • 1 % J if •* #1. € • r V’i-'- ■M-, ■f- ^ t J . i - HAIK, SCHNObHicn, ai l\MOriV)MI>l. kIMVa • ■ : I ' CUeotNd;'* .3«43 .>r- "»,j ; * City of Orono % F-41** * *. •* - - a # f { * * '/\'l - M»NN£Ai»OUS C'^K:!B JAFFIU> TOV/C^ BI tOllTK fT>« tmCIT OFFiCt tm IITWHT N w.turn MtiAtr WAMlOTOil. CM •II DCFfVfH OFtlCf im SCVlMTlCMm STMCET SUfTf loot domf C coucMAOO wn miPMOwt 9 omc.k iTOIMi XMOtT tL Sill a ^ ^ . . . J* r‘. * • ' • • «.f , ^ ^.,4 *J r» - / August 23, 1993 PLEASE RETURN THIS PORTION WITH REMriTANCE For professional services rendered, including: Matter No; 56 Labor Matters 06/09/93 E. Richter 06/09/93 A. Parker 06/10/93 E. Richter 06/11/93 E. Richter 06/14/93 E. Richter ■ Air * • ■a-i ii k f*' 1-^ - t ■«, -p»‘ I f % 4 . ^ 5vVf H ■« . 33 •J Discuss issue regarding whether City Council meeting must be closed pursuant to Data Practices Act; analyze law regarding same; contact client to advise of status. Discussion with Mr. Gerhardson regarding equipment violations. Review and analyze facts and policies regarding recommendation to suspend employee; research and analyze Minnesou Open Meeting Law and Government Data Practices Act regarding same; contact client to advise of requirements for closing city council inccting to consider suspension. Review and analyze law regarding whether City Council tneeting should be clo.»ed to consider disciplinary action; discuss analysis of same; contact client to advise regarding related issue regarding published agenda. Discuss with client ^^lication ot ope.n meeting law to Council’s conskteration of diKipUnwy iction: di^ > related law; prepare plan to proceed client regarding samej^. 1.0 f © % -?• ••>■4" A- 0 # > V ^ ♦ ,*J ■*'Jt- v.iiA ' * «*>■-/ f Poc^nifi. 3300 Pip*r J4tffr*y T»wr • IH So. tih ». * k . i f »■f*xk IS402 H/UK, SCHNUOrtii-n • *» 1^^ .^ / ' v * . DM No: 3^3 . -. i \ •' V \.vi*^r' : UVy il . ■ if ♦ ' " - 0 *t a*yof • ii»T«T*« • * ‘ ^ • < i/l4/93 ICSuunton 06/14/93 06/16/93 06/17/93 K. Staunton K. Staunton E. Richter >“ 0^18/93 E. Richter 1/18/93 K. Staunton r 07/01/93 K. Staunton 07/13/93 K. Staunton P * * 07/14/93^ A. Parker J w'* w« UdO ndtR JAT^MV TOWCM a MUTM tTM tnwrr--------------------U4a 1300 I STfUrt NW SUfTt WIMT OtMMNOmCt _«m MVtNTtINTM ITMIT wunttm OCMVCM. cotOMOo «ao> loi M. ••cowo tmcrr n. a«t P?ge; 10 August 23, 1993 please return this portion with remittance 48Advise city regarding procedure for council consideration of employee discipline. Confer with Public Works Director regarding personnel process issues. ^ Discussion with JGcrhardson regarding process for employee disciplme. ^ ^ Prepare correspondence to Mayor and City Council members expla^ng Open Meeting Uw and Dau Pracuces Act, and application of same to closing Po^ion of council meeting to address recommended disciplinary action; prepare letter to City Administrator to confirm procedures regarding same; analyze related statutes and case law to clarify same. ^ Discuss correspondence to Mayor, City Council members and correspondence to City Administr^or; incorporate changes; review related previsions of personnel policies. ^ Work on opinion letter to city counc.! regirfing open meeung Uw r-.vjirenienu for consideration of potenual employee discipline. ^ Advise public works director regarding documents from discipiin^ process to be placed in personnel file. Confer with JGerhardson regarding pr^ to be used in Randy O Bnen ^,peal hearing. 4 Analysis of hearing process m I-day suspension case. • H«ai- Schnpdrtcti. A Lm S)00 Wpw Jtmttf To*iW . 2M So. am Si • UJ.inannM ^■A; rtAlK. SCHNOBflICH, & KAUFMAT^, LTD f, ■ Km. OientNo: 3643 -• .-Km t *L. ^ • ■' R:’A* / ' % "v* ’ r'^ v^' aiy of Orono ’ V-V- ‘• •“•Ck*' ‘ '• • • <■ •; ' * . MNMMtATOUS O^^iCI ■a PMfl JA#fMAyT0l4«P 0 tOUTM ftK ft^CfT [90TA liW MAA>««NGT0N Of 4»CCiMi tmtrr•UniMIACT ITOM. DC. mm •ir OtfMM im scvcMTiofTH rmcrr OCP<#VCf(. CXXOWAOO Mm mimoMf 11 ft mm f *'■ «*» «^-ir ~ # • »*r- ■^• »*■ • V * #>f . . i -f ■ - V-r•* 4>.V' V - August 23, 1993 please return this eortiow with remittance ' 07/14/93 K. Staunton 07/15/93 A. Parker 07/15/93 K- Staunton 07/19/93 A. Parker 07/22/93 A. Parker 07/26/93 K. Suunton 07/26/93 K. Suunton 07/27/93 K. Staunton 07/28/93 J. Friedman 07/29/93 ( i. Friedman • % '. '! ^ -A ... - AA ■ k- •> «Jir ». Analyze issues associated with appellate hearing for employee; discuss process with client. Discussion with Mr. Moorsc regarding hearing; analyze background facts and develop strategy regarding same. Discussion with Ron Moorse regarding Randy O'Brien appeal. Discussion with Mr. Moorse regarding personnel issui^ .uid prepare for hearing. Discussion with Mr. Moorse regarding employee discipline and hearing. Work on letter outhning procedure for O'Brien hearing; discuss procedures for hearing with J Friedman. Discussion with City n*nr„.« Administrator of procedure for O Bncn hearing \nalvze council's ability to deliberate on appeal of O'Bnen heanng in private; draft letter to pvtiea outlining ground rules for hc^nnj- Confer with Attorney JC. ^.o «•. Staunton regarding hearing on O Bnen suspension. (O drien) Confer with D. Gotten regarding hea.m» on O Bn« a diacipline; confer with 1. Hun Uine; attend and adviancBy couniel aa the _________mm^irnat o*Britt’tdisci|dine. 5 -2 1.6 V., - n ■*-A. , - • 33P0 ^p*» Ji*^ ScAnoMicA. A KtaftBan, 222 So RA tl ' " *•* acipU»e.r f‘ J* ■ ■■ ♦ r.rUf. . . SCMNOBRICH. & KAUFMAN. LTD.ni^l I I w MINNfAPOUt O^FCt It No: 3643 WAlHlMaTOilOmCi iWI •UfTf Mi Bum HM t.OOtOflAOO MBit. a M1B1 fSi^: 12 Chyof Orooo August 23, 1993 PLEAS! PETUBW THIS POfTTION WITH PEMITTAHCE ‘ A Darki>r Meet with witnesses, prepare07/29^3 A. Parker suspension hearing before City Council. Vma93 >. Friednum (O Brien): Work on findings of fact. 41.0 Total Hours: Doc. Professional Services. lipcBses Advanced: 0^10/93 Computer Assisted Research • Westlaw OWyn Telecopy Charges 0e/3CV93 Photocopies 07/3CV93 Postage 07/30^3 Photocopies Total Bxpeosa Advanced: • •♦••SOMMARy »y ATTORHiy***** Hours Billod i*ouBt Wf».r ............—........--------------- — io.oo *•*•?? B. mlehtar •" ,0.00 B. Staunton ,0.oo 770.00 *• iJ'm 00.00 040.00 fotol nil Attoraoys 41.00 iO.OO 3,200.0 Total This Matter S3J55.63 - 4» .<<> M PQ«II«!I. tciiooiaFua. a. ms* S»st ’ Mfeiwapoa^sm waa 77 1.7 $3,280.00 57.81 5.30 8.40 .32 3.40 $75.63 TO; FROM DATE: Mayor and City Council Ron Moorse. City Administrator December 10, 1993 SUBJECT: Review of Legal Service RFPs The City received eight (8) proposals in response to the Request for Proposals for civil legal services. Review of the proposals resulted in the firms being divided into three groups. The firms in the first group each have several attorneys whose major emphasis is municipal law. They also have additional attorneys with expertise in the areas of interest to the City such as; real esute, employmeiu law, special assessments, condemnation, etc. The second group of firms have one lead attorney and one other aeomey with a high level of municipal experience. They also have attorneys with expenise in some of the other areas. The third group of firms have one attorney with a high level of experience and expertise in municipal Uw. The firms in group 1 are; Holmes and Graven and Best and Flanagan. Popham Haik falls between groups 1 and 2. The firms in group 2 are; Gnmnis Graimis Hauge arid Campbell Kimtson Scott. The firms in group 3 are; Hoff A Allen. Mekhert Hubert and Lommen Nelson. It is sufTs recommendation that thrw firms be interviewed; Holmes and Graven. Best and Flanagan and Popham Haik. The two firms in group 1 each have several attorneys with considerable experience and expe^ in wmnigipal i«w and who also spend a majority of their time on municipal work. This b advamageous in that with several attorneys dealing with municipal issues on a daily basis, they will each develop a high level of familiarity with rmuiicipal issues and can use each other as resources. Ahhough Popham Haik has numerous attorneys with specialties in areas of interest to the City such as real estate, en^loyineni law. and special assessmenu they do not have several attorneys whose major is municqwl law. Although Tom Barrett has considerable experience and expertise in municipal law. this is only 10% of his practice. Kevin Staunton does not have extensive munkipal experience. Munich law is also only 10% of Kevin ’s practice. I have contacted the City of St. Louis Park for whkh Popham Haik also provides civil legal services. The lead attorney for St. Louis Park is Suesan Pace. The St. Louis Park city manager gave Suesan Pace a very positive recommendation. The issues of which attorney or attorneys will provide the bulk of kgal advice, to the City, and how best to tap the expertise of the various attorneys are key considerations in the review of the Popham Haik proposal. OTHER ISSUES 1. Conflktt a. Holmes and Graven serves both the LMCD and the City of Medina. b. Best and Flanagan serves both Way/au and Plymomh. Cost a.it. • ••»Popham Haik increaxs the hourly rales by as much as 80% for work on and developmem applications for which the feet can be paued through » die applicants. Best and Flanagan also sometimes charges higher rales when they are passed through to developers. They generally adapt this practice to meet the destict of the ckies they serve. Ul. TH 12 Corridor Study TECHNICAL COMMITTEE Agwida A Maetlng Notice I. Projsct Schedule Update e EIS Pavatopmant U e.n ► ConauKant Contracts » Layouts - Alignmant modifications Othar Initiativas » Madii » D-3 Public Haaring Oacambar 16th Ou ns & Answars » Layout Discussion Adjoummant DFC 1 0 1993 —> a MaaMng LacaMan - Orono City Hail NE comar TH 12 at Oid Crystal Bay Hoad WED. Daoambar 15. 19B3 2 • 4 p.m TOt moMi DATBi Mayor and City Council Ron Moorse, City Administrator December 10, 1993 SUBJICTt Council Update 1. John Gerhardson and I have met with the Hennepin County Highway Department to discuss the major maintenance project on County Road 15. The Cour.ty indicated the maintenance project could include additional work relating to addressing priority safety concerns if that was the City's desire. In reviewing this with the Council members, the consensus is that the County include a review of the major safety concerns in its planning for the major maintenance project. 2. Terry Humbert of MnDOT has reviewed the City's Comprehensive Land Use Plan as part of the corridor review process. The one item he focused on was the City's desire to reduce the traffic on County Road 15. When he checked the traffic levels, he was very surprised at how high the traffic levels are on County 15. I indicated the City had constructed McCulley Road to attempt to pull the traffic up to Highway 12. He indicated he plans to include the County 15 traffic problem in the next discussion of traffic capacity and levels related to Highway 12. 3. Irwin Jacobs has proposed the construction of a guard house on his property. He has requested the City keep this item confidential. The guard house would require a variance related to the e^ount of accessory structures on the property unless some portion of existing accessory structures was eliminated. In early discussions his representative indicated a significant urgency in getting the guard house constructed, which could lead to a request to allow the construction to proceed prior to proceeding with the variance application process. 4. The major portion of the work has been completed on the clerical/technical employee performance evaluation system. The evaluation criteria have been finalized, all that remains is to finalize a layout of the form. This evaluation system was used in evaluating Steve Weckman as part of his salary step review. The evaluation criteria for the maintenance employee evaluation system will be finalized at the meeting of the evaluation committee. Both the clerical/technical employee and maintenance employee evaluation systems will be completed so that annual performance reviews can be conducted in January. COTmCZL UPDATS D*CMib«r 10/ 1993 p*g« 2 5. 6 . 7. B. i- staff will n«t with Mr. Lorence in early January to review ?h“probleti. and determine whether the City can address his concerns. I received a call from a representative commercial and residential developer based in Maple Grove, who la interested in building a 24 to 33 unit elderly care assisted living facility in the Orono ^^He^mav would be a 1 to 2 story building on two acres of land. He may be interested in constructing the facility on the property e!«t of the city's public works building. This is a use that has not been considered for this area. Please let me know if I should follow up to obtain additional information about this proposal or whether this proposal is not acceptable for the area. iiliiiililsi been working a substantial number of hours and are indicating should be paying the officer at the same raj:e as the full-time officers. Currently the part-time officers are p at a significantly lower rate than the lower is the City's position that the union has accepted the rate for part-time officers because the union has ^his to occur for a number of years. The union has were never aware of the pay difference . specifically agreed to the pay difference. again with the union in two weeks to try to resolve the issue. propoB«l at County « and Old Crystal Bay Road may have “eflected a change in the City's position construction of an ice arena on County 6. They the problem of accessing the arena from o« resolved by using the access proposed for -he ball fiel^ of Old Crystal Bay Road. Me indicated there were « issues beyond the access issue that the ^ support for the arena by the City. Me also „ potential location east of the Public Morks buildi.-g. Me indicated there would continue to be concern '■•g»tding the compatibility of the arena use with the resid^tial ar the north. Me suggested they broaden their proi^rty ‘Mtch to a wider area than simply the area north of Highway 12. L. L LAKE MINNETONKA CONSERVATION DISTRICT 11/29/93 To: Prom: Board of Directors Executive Director Oene Strommen^' Subject:HayBeta Yacht Club Impact on Proposed Code Amendment Regulating Unrestricted Watercraft The attached letter provides some additional background on Nayxata Yacht club's unrestricted watercraft storage. Cossnodore Scott Spaeth's letter states that the Code amendment is significant to the future manner in which the Club may be able to cooperate with the Lake Minnetonka Sailing School and University of Minnesota sailing program. fhe reference in paragraph three to two aluminum outboard instructor boats being included in the Club's additional unrestricted watercraft count as part of the LMSS program is new information at this time. LMCD staff has been aware of small aluminum boats in storage at Site 1, the east location, which are currently included in their licensed watercraft count. The plans for the new information. of M to bring in four new boats is also You will see by the information submitted with the earlier board meeting material on this subject that the 13^ count of unrestricted watercraft for the Club has been increased to 15 boats based upon the statement verifying two U of M boats in use at the west (Site 2) location. Spaeth makes the appeal in particular for 0 of M pl«ns adding four boats. In order to accommodate the Club in tnis request, the 1:15' density allowance is needed to support the Club's stated need for 15 unrestricted watercraft based upon usage up to the 1993 season, and plans to add at least four new boats. pissse take this into consideration as the Code amendment, agenda item 1-E, is presented for its first reading at the December I board meeting. I ( OEC e 139? Wayzata Yacht Club Mr. Gene Stroirmen LMCD 900 East Wayzata B1vd.» Suite 160 Usyzata» MN 55391 November 24, 1993 RE: Code Amendment Related to "Unrestricted Watercraft" Dear Gene; I have been advised that the water structures coumlttee passed an amendment to the motion to amend the code to change the one boat per 15 feet to one per 25 feet of shoreline. I have further been adviced that the 25 feet would seem to meet the Yacht Club's needs as the chart before :he committee showed the Yacht Club historically had 13 "Unrestricted Watercraft" on the site. As can be seen from the discussion below, the 1 to 25 ft. does not meet the needs of the Sailing School and the University of Minnesota and would put the Wayzata Yacht Club In the embarrassing position of having to choose between the two. I would first like to say that the Wayzata Yacht Club provides "AT NO CHARGE" the use of the west end of Its west parking lot to the Lake Minnetonka Sailing School (LMSS) a 501c3 educational Institution and the University of Minnesota racing team. The U of M uses the area to store and launch its 4 Flying Junior (14 ft.) sail boats mostly In the spring and fall when school 1 is In session. They do It mostly at times when the Yacht Club Is not using the oarking lot and not racing. The LMSS uses the area primarily from June through mid August and pri marily during week days. I would like to clear up the confusion over how many boats have been^^ on the site the last few years. The Lf>SS owns and has had 13 "prams" on the site for a nunber of years. Some of these prams are sometimes away for repair but are always all stored on the site. The LMSS, also has 2 small alimlmm outboard instructor boats which are either stored on the west parking lot site or pulled up on the platform over the water at the east side of the WYC docks. The U of M has had all 1^* 4 Flying Juniors sailboats on the site from time to time. If the sailing team Is going out of town for a regatta (taking one or two of Its boats) or If one or more of the boats is in need of repair. It may be over at the University. In fact two summers ago one of the boats was stolen and the University Is still trying to get the funds to replace It. There Is also a plan for the University to go to tht? "Intercollegiate 420" sail boat because it has become the standard for most Intercollegiate competitions Simd -PO. Bo* 585 • Wayzata. Minnaaola 55391 • (612) 473-0352 L.• a O Wayzata Yacht Club Page 2 They have been raising money to buy 4 boats. What will hapoen to the 3 Flying Juniors Is not clear. They are not worth much money and could be kept as practice boats for the beginninq sailors. If one were to add the 13 LMSS prams, the 2 LMSS Instructor boats, the 3 U of M Flying Jiwlors and the 4 new U of M 420's there would be a total of 21 "Unrestricted Watercraft" on the site from time to time. With 326 feet of shorllnedivided by 15 giving 21.73, one can see the need for the 1 to 15 ruling. Sincerely, ;ott Jay Spa Commodore PQ Box bBS • Wayzata. Minnasota 55391 • (612) 473-4)362 I. t,. LAKE MINNETONKA CONSERVATION DISTRICT 12/1/93 To:LNCO Board of Directors Prom:Staff Subj:Ordinance relating to storage multiple docks Do«a th« Board intand to includa tha ••uncounted" unrestricted provided for under Subd*ll in the HSU calculations for fee purposes? or would they be exempted from fees? 1. If «Baapted from WSU counts, does the Board intend to allow existing mites with licensed unrestricted watercraft to deduct theme "uncounted" boats from their counts 11 Ihft bOfttl BOl these new conditions? Sites that would be affected are: Boat Rentals of Minnetonka (18 fishing boats for rent) Greys Bay Marina (30 canoes and fishing boats for rent) Howards Point Marina (13 fishing boats for rent) Densities of these sites would still be higher than 1:10*, i.e. non*conforming, and therefore no additional boats could be added. 2. If the Board does met exempt the unrestricted watercraft from M8U fee calculations, certain sites would be required to add to their HSU count for the "uncounted" boats. This includes the following:Rockvam Boat Yards (6 fishing boats tor rent) Haysata Yacht Club (liISS prams) Minnetonka Yacht Club (LMSS prams) Staff understands that commercial sites with canoe racks, *'**f®^ includes municipal sites, would have the canoes added to their BSU and HSU calculations where they have not been previously counted, because they do not meet Subd. 11 requirements. ,Bd Agenda Item PHASE TWO WOEK PLAN Outiioe for Enviroomeol Commillee • December 14. 1993 j For your advance reviet in reference to the service of consult.mt Dick Osgood on Environ ment Committee; 1 5 The followiag Work Plaa outlines the general areas of effort needed to implement the environmental manafcmeat objectives of the Management Plan for Lake Minnetonka. Phase two follows phase one, which began in /iugust. but the second phase was not detailed at that time. lap|«acBliag preventative actions is the strategy for accomplishing the environmental objcctiv s iu the Management Plan for Lake Minnetonka. We have focused the more immediate needs and concerns regarding the management of the environment through the Stakeholders Survey. The initiatives include 1. Continued management of Eurasian watermilfoil 2. Pro-active attention to the threat of esotic species infestations 3. Attention to the management of aquatic plants 4. A need to implement comprehensive local water management plans 5. A data collection and management system 6. Communication and education Mora specific recommendations have been identified in the Summary Report of the Stakeholders Survey. For each initiative, we will identify the type of action needed (management, research, moailoring, or education/communication) with clear statemenu of: Management objectives, including benchmarks What management action now occurring What is the specific action • Who is responsible - How will the action be funded • Schedule Eipected outcome LMCDs role The LMCD will, through cooperative agreements or by other means, assure the implemeninison of iu environmental management objectives. The overall outcome of this work plaa will be the positive, preventative management of Lake MlBBClonka through the cumulative actions of many individuals and agencies. initial dimetions in each of the sis priority initiatives are detailed below I. Enraalaa wMermllfeO la----------------------------------------- they .-enaider the henNh and faallly of Lake Mlnoelenha a minds ne la. The Lake Minnetonka Conservation District should espand and communicate the effectiveness of its annual harvesting program. In addition, efforts are needed to reduce fragments. lb The LMCD. in cooperation with other management a^ncies. „ pfotoed to track the population and impacts of Eurasian watermilfoil m Lake well as changes occurring in the i.'Stive plant communities Ic The LMCD should continue to encourage research into chemical and biolo^cal controla The LMC'D should also continue its evaluation of mechanical harvesting in the ng term 2. Capkulit pr»*aclivv atlcalloR la Ike Ikrcal af alkcr eK«*t!: tfecIcB ia Lake Miaaetaaka. 2a. Tkc Lake Miooctoaka Coaservation District should commuticate the nature of the multi-agency response that is needed to address the threat of zebra mussels for Lake Minnetonka. 2b. The LMCD should participate with other governing *jnits to develop a strategy for the prevention of a zebra mussel infestation in Lake Minnetonka. 2c. The LMCD. in cooperation with other agencies, should monitor for the early detection of zebra muaaels should they be introduced into Lake Minnetonka. 2d. The LMCD should participate with other governing units to dc «elop a strategy to address the prevention of other aquatic invaders in Lake Minnetonka 3. Tkn mnnagemeni of native aqnallc planis shnnld ke assessed. 3a. The Lake Minnetonka Conservation District should promptly communicate the imporUnce of native plants in Lake Minnetonka. 3b. Until a long-term management strategy can be developed for individual shoreland owners to control nuisance aquatic plants, the LMCD should evaluate technologies other than chemicals, for example bottom barriers, for use by skorelaad owners for small scale control of aquatic plaats to prevent unauthorized, uon-permitted applications. 3c. Along with recommendation lb, above, a monitoring program for native aquatic plaats should be implemented. 4. The protection, restoration and creation of wetlands In Ike Lake Minnetonka watershed Is a high priority. 4a. The Minnehaha Creek Watershed District should continue in the role of governing the Wetland Coaservation Act rules. 4b. Lake area cities should participate in an effective wetland preservation campaign to accompany tkeir conscientious wetland regulations. f. There are generally InsnffIclenI data to golds specific action for the Impicmeotalloo of many eweironmenial ohjectlves. 5a. The LMCD should participate with others to develop a comprehensive data colIrctKM program to support the total environmental management of the lake and its watershed. 4. There Is a need for better edocalloa and com Ms snanagemenl. Icniloa ahool the Lake MInnetooha snrlrenmel 6a. The LMCD should participate with other governmental agencies to develop and impIcoMnl a education/communication strategy to address the environmental management objectivos foe Lake Minnetonka lake MINNETONKA CONSERVATION CXGTRICT STATEMENT OF CHANGES IN FINANCl-AL POSITION Odotar31. 11B3 CASH fSH/SJ FETTVCASM CHCCKINO INVECTMBVrS TOTiN. CASH DONATIONS* lAMONALOUSS UCSNSSFS8S COURT FtHR INTMSr OTMBI INCOME** TOTAL RECGFTS r .:: OROM^TINSCXR SAISBLM EXPEND E^n TOTAL CKPeiKS PETTY CASH C»«CKINO INVESTMD«fTS total CASH .Mhl S300 124.010 S272.300 1200.700 11.041 13.243 lO.OOO 1002 127 111.802 021.4S2 021.492 0300 014.448 0273.203 f2ii.041 SAVEAAKE 081.720 081.720 0300 0208 0908 oo 081 EWM 0320.870 0320.870 01.033 01.072 03.009 02.398 02.398 0327,002 0327.092 TOTAL $300 024.010 0000.008 0709.308 0300 03.773 03.243 09.880 02.242 027 019.409 021.492 OO 02.398 023.811 0300 014.448 0883.232 0087.080 I LAKE niMNKTONKA CONSERVATION DISTRICT 1151 MVroll ch*cli r»port«d to tho ioord on Octobor 27, 1993 5453 Ldct *pi]roblo®* chocli roportod to th# Boord on Octobor 27, 1993 1152 Oot 2i Cugono R< Stroaaon 1153 3B Jo Ann Tyk 1154 2t Janot B. Rrinor 1155 2$ Raehol 8. Thlbault 1158 26 Joffroy Sulloold 1157 Nov 15 Euoono R. Stronnon IS Jo Ann Tyk 1155 15 Janot C. irlnor 1188 15 Raehol S. Thlbault 15 Void 1182 15 Void 1183 36 Bugono R. Stroaaon 1184 36 Jo Ann Tyk 1185 36 Janot E. Rrinor 1188 36 Raehol S. Thlbault 5454 Oet 25 void 5455 25 Norvoot Proportioo 5458 25 Louio Cooontino 5457 Nov 3 Charloo Schoon 5456 3 Oiek Oogood 5455 3 gggg 3 U. S. toot Coaounleatlono 1^1 18 Footoaotor 5582 If Potty Caoh 5583 18 P.E.R.A. 22 void 22 void 5588 22 void 23 Diek Oogood 33 Appliod Oraphieo 23 Coaooreial Lifo Inouraneo 5518 23 p. c. R. A. 11 23 Carrathoro and Taiion 12 33 Holaoo 7 Oravon 5513 23 Xoroa Corporation 5514 23 Charloo J. Sehoon 5515 23 Dataooft Corporation 5518 33 Jaliono ioidnor 5517 23 Bafono Stroaoon 5518 23 Raehol 8. Thibaalt 5515 23 Jo Ann Tyk 8528 23 Hofinopin County Shoriff 5521 33 Nonnopin Parka 5532 23 Boiionn Contraeting 5523 23 Navarro Trao Vaiuo 5524 23 O'Sailivano Aato Ropari 5525 23 Narrioon Harbor Tvin Nona 5528 23 Rinnotonka Povor Squadron 8 1339. 73 S92.67 268.99 769.64 143.66 1339.73 624. 76 266.99 769.64 6.66 6.66 1339.73 624.76 263.93 769.64 6.66 916.63 143.32 36.66 2. 466.66 6.66 172.16 366.66 262.16 366.62 6.66 6.66 6.66 336.66 91.63 7.26 24.68 2,837. 67 2, 396.96 18.66 38.66 96.66 292.36 183.19 198.18 127.92 2,941.26 2. 366.66 22. 43 3. 24 166.86 276.86 payroll payroll payroll payroll payroll payroll payroll payroll payroll void void payroll payroll payroll payroll void offieo rant varlanco dopooit rofund otorago faeility root eontraet oorvieo tolophono pootago potty caah vithholding « ooployor eontrih eontraet oorvieo printing ooployoo inouraneo onployoo inouraneo proooeution oorvieo logal oorvieoo photoeopy oupplioo otorago fae eooputor ou profoooiona inouraneo r inouraneo r r lity ront port oorvieo oorvm iahuroooont it high vator oaorgoney patrol LIICO grant, 8avo tho Laho payoo loot choeh-roioouo m oupplioo B6R oupplioo outotanding choek*roioouo roioburoo lor vidoo Iron rog. 2 UKC HINNETONXA CONSERVATION DISTRICT Nov fS27 23 H. A. D. D.69.99 rolnburao for Inpact Panol 9S2t 23 P. E. R. A.379. 29 vltbholdlng * ooployor contrlb 9929 39 Norvoot Proportloo, Inc.699. 47 offlco rant 9939 39 Hlnnoooto Sun Publleatlono 46.99 Ordlnanco #129 adv. 9931 39 Eugono R. Stronoon 66.49 travol/nlloago 9932 39 Rochol S. Thiboult 6.96 alloago 9933 39 Dick Oogood 3.299.99 contract aorvlco 9934 39 Void 9.99 9939 39 Void 9.99 9939 39 Void 9.99 9937 39 City of Doophavon 499.66 dloburao HCD grant 9939 39 City of Vayxata 966.91 dlaburoo HCD grant 9939 39 Rlnnotonka Povor Squadron 99.69 rolnburao for viooo froa rag. 9949 39 R. A. D. D.29.99 rolnurao for lopaet Panol 9941 39 Ploodor A Aoaoclatoa 299.99 rofund varlanco dopoait 13 Intornal Rovonuo Dopoaltaa*2394.63 Octobor 93 tax vlthholdlng Total 39,761.63 ADDITIONAL CNECXS lETVEEN SEPT. AND OCT.BOARD REPORT 8*pt 9449 39 VOID'Poaefctroo print eoatrol 9.99 void 9447 39 P. S. R. A.412.66 PERA vlthholdlng 9/1 to 9/19/9 944d 39 U. 8. Voat Coaaunleatlona 172.67 tolophono 944'}39 Long Lako Tractor A Equip 17.66 ova oqulpnont 9499 39 Clara T. Link 79.99 profoaalonal aorvleoa 9491 39 Dick Oagood 2. 499.99 Contract foo * onvlronaont 9492 39 Vildllfo Coneopta 199.99 rofundablo dopoait 9 Oet 13 Intornal Rovonuo •Dopoaltaa 2.493.91 Soptonbor payroll tax Total 9,631.72 Cakbuthers a TALLEN nUUrc. CAMUTMIftS 4M0 IDS CEKTUI •0 SOUTH »TH miET MtNNtAPOLtS, MINNUOTA SS402 STBVEN M.TALLEN SACSIMLB (sti) m-fm TELEfNONB (M2) MS-MOD Nov«Bb«r 29f 1993 Eu9«n« StroMMn Bx«cutiv« Director L«k« Minn«tonJc« ConMrvation District 900 Bast Waycats Blvd. Suita ISO Nayiata, NN 55391-1S57 Rat Beat and Water Safety Class Dear Cana Bnolosad is a copy of the aost recant Mothers Against Drunk Driving nevsletter. I thought you aight be interested to note that the LMCD Boat and Water Safety class is the subject of a short article on page 5. I hope you and the Board are conscious of the great effort that Rachel has put into bringing this class into being. It was a lot aore work than any of us thought it would bo, and the credit really belongs to Rachel. She put in a lot of tise, dealt with nuaerous schedule changes, and I believe has created a product that we all can be proud of. Sincerely CARRUTH i TALLEN ;evsn N. Tallen Prosecuting Attorney Lake Minnetonka Conservation District SMTtaas Bnclosure |^a»W« . . . -w DEC 1 1993 L.M.C.O.fro. H#nn«pin County MADD Launches New BWI Program r SUppm who tip and sail may be %idlh cotnpiciing a new manda* lory program if they are convicted of boaliRg while intoxicated (BWI). The crew at ilennepin County MADD at- •Mod the Lake Minnetonka Contcrva- Bon DiteKt, the Minnetonka Power SqMdRm, die Hennepin County Sher- i#i Water Patrol, and the MN DNR BoilandWalcrSafctyDiviaioninde- edoplnf the Boat It Water Safety Edu- onuehrman-DrlKoll, Adminit- at MADD HennepinC^nty, has working with these agerwiet de veloping the program. 'I take my hat off to itOM people (Lake Minnetonka ion District),’' the tays, *No tsiMtelMin the country it this being done that we kiww oi." The programcombines an education al boating course and a MADD Drunk Driving Impact Panel. Persons con victed of iiut^ boating infractions, in particular, Boating While Intoxicated (BWI), are sentenced to participate in a one-day course sponsored by the United Stales Power Squadron. Boat hafullingandelefncniary'‘seainanthip‘' are explained in detail. State and local rules and regulations are thoroughly reviewed aitdtraditioiwil courtesies of waterways are diacutaed. There is also heipfui information for boaters who fish, skippers of runabouts and cruis ers, and sailing emhusiasts After finishing the course, BWI of fenders are required to attend a MADD Drunk Dnving Impact Panel designed to iinprcirs upon the otfenders tlw irre sponsible and tragic consequences of dnving and boating under the influ- crKe. Panei members speak about al cohol-related crashes in which they or loved ones were injured or killed, and how the crashes affected their lives. Sharon is very excited about the pro gram. ‘I think this is a prime example of how the public is saying that operat ing any motorized vehi^ und» the inHuence it is wrong! I think we are catching up with the times. You really have to give them credit for wanting to do something like tMs.* Work on tlw program began last (all and BWI otfenders will start attending the program in September 1993. The Hennepin County Chapter will con tinue to find ways to address the dan gers of recreational intoxication. Sharon feels that many more livci will be saved if more cniBhaaia would be put on the areas of both boainf and snowmobiling while intoxicalad. The Boating fc Water Safety Educa* tion Program is a good firsi step to> ward calming the wake of deaths and in|unes due to drinking «id boating. k T 'PIP? ;iumoer 19 Fall/Wtntar i »93 i' r u-fc?;.'.,IW: 1994 Meeting Schedule•Mrtaf UI mUmA Laka Accait Waiar Structuraa IWM Anmnl Obinar FubBe OfflcMt Bhvbainawt Lafe OfeMlm WtcfUiw TaaMarea UhaTour Hmw y k Jtnutrv 2%Januirv 10 January 10 January 1 January 21 February 17 August 13 February 8 January 17 t r Ninwv23 Fabruary 14 March 14 February 12 Februar 18 Apri 12 Fabruary 21 ■ f.Mweh23 March 14 May 16 March 12 March 18 Juna 14 May 30 r April?April!Jtiy 1! 'AprH9 Apri 15 August 9 July4 , >V ' iUv2i May 1!Saptarrtbar 19 May 14 May 20 October 11 Sapiambar 8 1 \Juntll Juna 13 Novambar 2!Juna 11 Juna 17 Da»nb« 13 Octabar 10 J u Jiiil?Jiiyl!July 9 July 16 il9wViTW 1 n ■ r 1 AypMil 24 Aupuat IB August 6 August 19 1. * r-llptwntii 2t Septambar 10 Septambar 16 Oacantbar 28 eciifetr26 Oetohar 17 October i October 21 eiBlwiii ?Novan^ 2i Novambor 19 Novambor 18 i ' i & LMCD 1994 CALENDARJANUARY S M T W T F S2 3 4 5 6 7 A 9Ql1 12 13 1415 16^18 19 20^122 23 M 25^27 28 29 130 31 22 FEBRUARY S M T W T F S 12 3 4 6 ?rD9JO 11 13^15 16 r>51l9 20;^ 220)24 25 26 i MAY S M T W T F S 1 2 3 4 5 6 7 8 910 1112 isik SAi7 19 19^21 23 24 31yy m 26 27 28 SEPTEMBER S M T W T F S /-N ’ 2 4W 6 7 8 9 131415 b1|17 20^22 23 24 1257^27(^29 30 A JUNE S M T W T F S 1 2 3 5 6 7 8 9 10 12 ^^14)5 leli'^IB 19 2021023 24 25 26 27 28 W 30 A MARCHS M T W T F S 1 2 3 4 5 6 J7 8 9 10 1112^ 15^17 51i9 22(23)24 25 26 27 28 29 ^31 D / 13^ 2021 JULY S M T W T F S 3^567 10 11 12 13 14t15 16 i.1: i. APRILS M T W T F S 3 4 5 6 7^^ 10 nQ2)3 uO’* 17019 20 21 22 23 24 25 26028 29 30 OCTOBER S M T W T F S i5 6 : ___ 2 13 14 15 16018 19 2013 22 23 24 25027 28 29 30 31 19^21 22 23 247^26^28 29 30 31 NOVEMBER S M T W T F S 1 2 3 6 7 8 9 10\j 13 14 15 16 1 20 21 22 23Q 25 26 27^29 30 AUGUST S M T W T F S 1 2 3 4 5 7 8^Do11 12 14016 U18EI|2<^ 21 22 23025 26 27 28 29 30^ r^.i' E DECEMBER S M T W T F 8 12 3 4 5 em 8 910 11 12fTyi41S1617 18 19 20 21 22 23 24 25^27 28 29 30 31 Board Matting/Admlnistrative Committee lako Um Committee Lake Access Committee Eurasian Water Milfoil Task Force A Water Structures Committee 4LJ^ [>o Annual Dinner Public Officials Lake Tour Legal Holiday - Office Oosad LOTUS JSCAUHDM KNOVV^ 9X.1 FM[ TH« Tw*n N«w» ft .VfV*"• • • • MINNESOTA WBUC RADIO __ *i-* 12«0«S E««Sw«lh Strut. SiinlPwl.MN 55101 . Tel 61.* 290 1500 • F« 612 290 1260 for immediate release December 1,1993 Ccntact: CoUeen 3 13S3 (612) 290-1532 1 :x Jl ^ I K\ <GTHBraAC^; R£a,: 1,:*^ KNOWtl.llT^TOWMfiC^ ftKftiRg Of examining LAWJ St PMl MN - Befiimiiis December 13 and contmiiing through December 18. KNOW 91.1 FM wm bromicart ’•Keepini the 1^.-a teites of mpom that focus on the topk eofoicemciit Repom wiU air each day during Mon0»ig £iidc« « 7:20 aon. and during TmgtCtrnulendmSMpJiL TTie reports wiD be lebroadcait during The WeeA «ifeview on Saturday. December 18. ftomlp.m to 3 p.m. In addition. Midmoming will air a special Uve b«*dcast te» the IWi ftecinct in soutii Minneapolis on Wednes^ PtOO-lldJOajn.. and MMdbywiU feature a Uve call-in program at noon on Friday, December 17. One of the most pressing concerns citiaens have - especiaUy in large cities - is keeping iKBielveft their toinilies. and their property safe from harm. In today’s world, the police force feat the fomihmt of ellbrtsmpromct people and property. MPR’s Uw enforcement series will lent to which our society hM come » rely on the police force to protect us from wheAer this empowennent of police is effective in keeping society free from hann; and whetlw the police fort* does an acceptabk job of honoring the premise of equal rights for aU. •Kneoing the Ptiace* will include a documentary that examines community polking, a law- ^bicemem apprort* fell cities and towns of aU sines are beginning to put in place. ComuMty policing has ofBcere spending leas time in their squad cmi and more time walking willMmod beats. Piopo»nts of community policing say that it solves the probleaas that iMd to crime; its critics say that community policing is good PR, not good police work. The \ttmbiANfwKindafCop, wiU air at 4:33 p.m. on Wednesday. D AmiagAU Things Considtnd, iber 15. and what0^ specific reports In dm series wfll examine topics such as: Thepowerof imy me legally allowed 10 do; who chooses careers in law enforeemeni; relations between IIPR • Liw Eoforoeineiit Series PSl§eTwo ilioe tad Biiaority groups; Itw eofoioenient in niral sieas of Minnesota; tnd more, Tim Midmombig broadcast from the Fifth Precinct will feature police officers and community reaideiits diacuaaing dm best ways to fight crime. Guests will talk ibout the changing nature of pottoa woffc, rod te ways in which officers respond to different kinds of calls. Mubnoming win also the pfrpfpttp** that crime is increasing in our inner cities, and how community groupa are dealing with ifaa «MUt. PtaaUy, dm call-in propam at noon on Friday, December 17 will discuss whether more pottoe or dilferem approaches to law enforoement are needed to fight crime. m k