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Home My WebLink About04-13-1992 Council Packet*-.i .j Vi -|w,f-f^ E'. :t ■?v MINUTES OF THE REGULAR ORO;k' :0UNCIL MEETING HELD APRIL 13, 1992 ROLL The Council met on the above date with the following members present: Mayor Barbara Peterson, CouncI I members Gabriel Jabbour, Edward Callahan, J. DIann Goetten and Mary Butler. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Bui'ding & Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Tom Barrett, City Engineer Glenn Cook, and City Recorder Terl Naab. Candace Rowlette was present to represent the Planning Commission. Mayor Peterson called the meeting to order at 7:00 P.M, OATH OF OFFICE Moorse administered the Oath of Office to Police Officer David McNIchols and welcomed him to the Orono Police Department. (#1) CONSENT AGENDA It was moved by Butler, seconded by Mayor Peterson, to approve the Consent Agenda. Ayes 5, nays 0. Motions for all items adopted by consent agenda will be Included In the minutes in their respective numerical order. (*#2) APPROVAL OF MINUTES It was moved by Butler, seconded by Mayor Peterson, minutes of the regular meeting of the Orono Counci 23, 1992. Ayes 5, nays 0. to approve the held on March (5-. CABLE COMMISSION COMMENTS - RESOLUTION #3103 James Daniels and Tim Pattrin were present. Pattrin thanked the Council for sponsoring the DARE program. He went on to announce that Jennifer Watts has resigned as Cable Commission Administrator and James Daniels has been hired In her place. Pattrin explained that Daniels has notified the Executive Board regarding a misleading monthly rate. He explained that the franchise fee was Included as a l i ne item, which reflected an increase of 5*. He noted the problem has been resolved within a two week period. He Introduced James Daniels to the Council. W t- MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 CABLE COMMISSION COMMENTS - CONT. Daniels explained that when the cable franchise was granted In the 1980s, the Cable Commission had control over rates. In the mid- 1980s a law was passed that took that rate control out of the hands of the Cable Commission and the rates were set by the market place. He explained that cable companies have a non-exc1 us Ive franchise, but basically there is only one cable company per area. He noted that there Is a bill In the Committee on Energy and Commerce that would give the rate control back to the local cable commissions. Also, when the franchise Is up for renewal, under the current language the franchise need not prove that they have a viable business He stated that they are proposing new language that would require the cable companies to prove that they are doing an acceptable business prior to the local cable commission granting the license renewal. He stated that Congressman SIkorski has a key vote on the bill, and he asked that the Council pass a resolution urging SIkorski to vote in favor of the proposed language. Qoetten suggested they change the language in the proposed resolution to reflect that they urge SIkorski rather than convince him to vote in favor of the bill. It was moved by Butler, seconded by Goetten, to adopt Resolution #3103 urging Congressman SikorskI to vote in favor of the proposed bill that would give control over cable companies to the local Cable Commissions with the suggested amendment. Ayes 5, nays 0. PUBLIC COMMENTS Ralph Tully, Attorney for Nina Wildman. explained that Council adopted Resolution #3018 in September of 1991 approving a final subdivision which granted additional land to Lot 6, Block 2, Foxbend. He stated that the property is torrens property and therefore the resolution could not be fI led as -.dopted. A proposed sale of the property is contingent upon the plat being finalized and he asked that the Council extend the filing deadline date. Mabusth explained that there was no problem with the request. It was moved by Jabbour, seconded by Goetten, to add this item to the agenda. Ayes 5. nays 0. It was moved by Jabbour, seconded by Butler, to adopt Resolution #3104 extending the filing deadline date for six months at the applicant’s request. Ayes 5, nays 0. m.wm 0: - *.F 't MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 PUBLIC COMMENTS - CONT. Ann Cosgrove explained that she was representing both "Save the Luce Line" and the "Alliance", citizen groups which are proposing the placement of signs designating the proposed southern and northern routes for Highway 12 through Orono. She stated the purpose is to raise the consciousness of residents. She noted that she has talked with Terry Humbert of MnDot regarding the signs and he approved the signs with the provision that additional wording be put on the signs directing questions to the Alliance, and if MnDot started receiving many questions regarding the signage, they would be •'emoved. She explained the signs will be l2"xlS" white plastic with red lettering with the Highway 12 logo, and will state something to the effect "1 of 3 proposed corridors for the Highway 12 relocation". She requested that the Council consider paying for the signs, approximately $200.00, and authorize that someone at the City help locate the routes. Jabbour asked if she felt the Alliance wouid lose credibility if the City became Involved. Ann stated that the other communities affected would also be asked to help with funding, and the signs will read that they are sponsored by the Alliance. Butler asked If MnDot had newcomers to the area. concerns about the signs confusing Ann stated MnDot did not address that concern. Jabbour asked when the Alliance would need a decision from the CouncI 1. Ann noted they would need a decision within a couple of days. Callahan suggested xhey review the sign ordinance for compliance. Ann announced that the AlIiance wiI I hold an open house on May 3, 1992 from 1:00 to 3:00 p.m. at the Independence City Hall to answer questions by residents. 5.’ 'h [•; ■- m- M iin. % t: |r'> •m:- r'. K |- i?' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 (#4) #1521 STEPHEN LOMBARDOZZI, 115 OLD CRYSTAL BAY ROAD - REQUEST TO EXTEND PRELIMINARY SUBDIVISION APPROVAL - RESOLUTION #3105 Stephen LombardczzI was present. Moorse explained that the applicant is requesting an extension of preliminary subdivision as he was out of the Country at the time the approval had expired. Mabusth noted that there Is one change, the expired resolution was approved under the former park dedication fee ordinance. Cal Iahan directed staff tc recommend a pol icy concerning these extensions as there may be many more due to the changes going on within the Clty. It was moved by Callahan, seconded by Butler, to aJopt Resolution #3105 approving a request for an extension of preliminary subdivision for one year for #1521 Stephen LombardozzI of 115 Old Crystal Bay Road North. Ayes 5, nays 0. (#5) #1632 FULLERTON PROPERTIES INC., 2226 SIXTH AVENUE NORTH - REQUEST TO AMEND COVENANTS Moorse explained that the applicant had requested an amendment to the covenants previously but had been informed that he would need the approval of the other owners within the subdivision. That has been obtained. He stated that the owner has already combined Outlot A with his property so that can be removed from the covenants, and the owner is requesting that Council consider Outlot B be allowed to be split In half and given to adjacent owners If it Is determined that the roadway is not needed in the future. Mabusth clarified that the owner is requesting that the southern Outlot B be divided in half and fee ownership transferred to property owners to east and west of road outlot If the City determines It unnecessary to maintain for future roadway. She stated that there Is no reason to give up the easement at this time, and at the time the City should agree to such, the owners would file a lot line rearrangement to divide the outlot. It was moved by -indment to the / s 5, nays 0. Jabbour, seconded by Butler, to approve the covenants of the Shadowood plat as presented. [•:r V/- .m. '\:‘ > •. >;;■/ r?-t: V‘ v!^j VU- ■M iM .V r-^V '’s.- ■' ’; 1^ s,:v”i f'M ^t;rm-' ri'-v.-> £’ 'fe K‘::.> '■J‘:-vr:= f¥.- MINUTES OF THE REGULAR ORONO COUNCIL MFETING HELD APRIL 13, 1992 (#6) #1700 DALE MCCURDY, 4041 NORTH SHORE DRIVE - VARIANCE Mrs. Dale McCurdy was present. Moorse explained that this is an application for a variance to construct a second story deck which was reviewed by the Planning Commission and Councii but because « * the lack of an updated survey, no action was taken. He stated that the applicants have now provided an updated survey. Mrs. McCurdy stated that when the application was reviewed by the Planning Commission, they were unaware that an updated survey was . equired. It was moved by Butler, seconded by Goetten, to refer Application #1700 for Dale McCurdy of 4041 North Shore Drive to the Planning Commission for review. Ayes 5, nays 0. Jabbour asked staff if a certified survey and hardcover inventory are listed as required information for variance review. Mabusth advised that this requirement is listed on variance applications and that this application was received as a special request by the applicants that they not be required to provide an updated survey. (#7) #1717 LAWRENCE W. & ARLISS A. GADBAW, 699 MINNETONKA HIGHLANDS LAND - VARIANCE - RESOLUTION #3106 Mr. and Mrs. Gadbaw were present. Moorse explained that this Is an application for a variance to construct a carport addition which would add 650 square feet of hardcover In the 75-250’ zone, which already exceeds the allowed 25X. The Planning Commission voted unanimously to approve the application based upon the hardships presented. It was moved by Goetten, seconded by Mayor Peterson, to adopt Re )lution #3106 for Application #1717 for Lawrence and Arliss Gaobaw of 699 Minnetonka Highlands Lane to allow construction of a carport. Ayes 5, nays 0. ->•0 .•> ; ■r' K »t,- 'i JM: MINUTES OF THE REGULAR OROHO COUNCIL MEETING HELD APRIL l3, 1992 (ta) #1721 ALBERT HANSER, 1685 FOX STREET - PRELIMINARY SUBDIVISION - RESOLUTION #3107 Meridlth Howell and Mark Gronberg were present appI I cant. to represent the Moorse explained that this is a five lot subdivision request. Mabusth explained that the subdivision will be served by a private road. The applicant has asked for special consideration to use the existing curb cut that serves Lot i allowing for two accesses, and the Planning Commission agreed because of the uniqueness of this property. The lot Iine between Lots 1 and 2 wiIl be realigned to provide for 200’ width at the shoreline. The guest house is recognized as a non-conforming structure as it does not meet the required 100’ setback from the shoreline of Tanager Lake defined at 929.4’ elevation. Also, the septic system for the guest house has not been located and the approval resolution will condition that the septic system be replaced within one year of final plat approve I. Jabbour asked why the plan shows the property platted to Tanager Lake. Gronberg explained that it wi I I be shown on the final plat as a wetland area with a drainage easement over the area. Butler asked If we would require a Flowage and Conservation Easement also. Mabusth confirmed that would be required. Goetten asked about the main drive encroaching the wetlands. Mabusth explained that the wetland in that area has beer defined at the 932.3’ elevation and that the 28’ wide road will be 26’+ from the wetland elevation. Goetten asked how far the guest house was from the lot IIne. Mabusth noted it is approximately 10’, another reason to classify the structure as non-conforming. Goetten reiterated that this subdivision does not guarantee rI par Ian rIghts. Butler asked how close the public crossing or fishing area of the railroad track was to Lot 5. ,itA H' r f::\ ■y. I V' f* ■' f-r iii • JP*;’ isife': ?«•' r |V‘- %u.- MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 ZONING FILE #1721 - CONT. Mabusth noted that the area was further west and there is a drainageway and expansive wetland that acts as a natural barrier to protect this property from trespassing. Jabbour stated that a recent major subdivision within the City of MInnetrlsta has proposed extensive dredging to provide riparian rights and felt the LMCD should be notified of the City of Orono's position on this property. Mabusth noted they would send approving the plat. a copy cf the final resolution Howell questioned the reference to riparian rights. Butler explained that the current owiers may not consider the property as having riparian rights, but future owners may consider the prospect. Howell asked If they were not setting themselves up for that to happen by requesting a 200’ width at the shoreline. Jabbour noted that was why he asi-.ed about platting the lot to Tanager Lake but was informed that area is a marsh. Gronberg asked if the water level were to go down to allow for a 20' setback to the tennis court, if it could be considered a conforming structure. Mabusth noted that any Improvements to the tennis court would need to be approved by the City as it is considered a non-conform i ng structure, but in the future the applicant could present facts that may reflect differently. Jabbour felt they should not encourage the applicant to consider alternatives to reduce the water in that area, and stated that there has always been a problem with Fox Street and it should not be top priority of the Public Works Department to maintain the culvert under that roadway to ensure the tennis court be maintained In a dry area. It was moved by Ca<lahan, seconded by Butler, to adopt Resolution #3107 for Application #1721 for Albert Hanser of 1685 Fox Street, granting preliminary subdivision approval. Ayes 5, nays 0. i M.v 6- $ i.f t, h. il-. ■> " ■ r r>.' !:S ? Ir ■■ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 («9) #1722 HOWARD EISINGER, 3245 WAYZATA BOULEVARD - RENEWAL CONDITIONAL USE PERMIT - RESOLUTION #3108 Mr. Eisinger was present. Moorse explained that this is an application for renewal of a conditional use permit to allow grading and filling of 100,000 cubic yards on a 12 acre site. Staff has recommended approval be limited to 10,000 cubic yards. Eisinger requested that Council reconsider the restrictions setforth limiting the time of hauling. Rowlette explained that the Planning Commission was very concerned with trucks being allowed to haul during rush hour times. Mayor Peterson felt they should uphold the hauling schedule originally approved. It was moved by Jabbour, seconded by Mayor Peterson, to adopt Resolution #3108 for Application #1722 for Howard Eisinger of 3245 Wayzata Boulevard, approving a renewal of a conditional use permit to allow grading and filling. Ayes 5, nays 0. (#10) SHORELAND ORDINANCE RESPONSE FROM DNR Gaffron explained that the DNR has responded to the shoroland regulations submitted to them. The DNR would like the City to justify the 18* steep slope versus their 12* and noted they would need to review the code for Justification and absent that, may consider changing the percentage. He stated the DNR would I ike the City to require a 10’ setback for lockboxes. Butler stated that many times that is not possible. Callahan suggested that they propose the wording to reflect 10’ or as far back as possible. Gaffron stated he would inform the DNR of the Council’s views on this issue. Gaffron went on to state that he attended a meeting last Thursday of the LMCD’s Shoreland Technical Review Committee at which approximately half of the cities were represented. He stated that the 11 cities working through the LMCD as a group appear to be (•'rafting Individual ordinances rather than a single ordinance as a group. 8 I' ;'f - K'3- ■f. 1^: ‘V U“ ♦ii ■■i •: ‘T-- .vV>, H' i". MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 SHORELAND ORDINANCE RESPONSE FROM DNR - CONT. Mayor Peterson announced that Gaffron was guest speaker on the Tonka Report on the shoreland regulations and did a very good Job. MAYOR/COUNCIL REPORT A) Mayor Peterson asked when the newsletter would be sent out. Moorse stated it would be mailed out this week. B) Goetten explained that she v'sited the Hennepin County Commissioners’ office to discuss the Corcoran Ash Project. She found out that the woman addressing the Council on this Issue is actually a paid lobbyist working for the Municipal Services Corporation. She noted the Commissioners did not vote on the Issue that day and have since referred the issue to Committee. Jabbour felt that the Council acted in haste with regards to this issue and felt that the City was lobbied I nappropi i ate l y. He suggested they adopt a policy on communication to avoid misunderstandings in the future. The simplest communication route is to advise the City Adml n I strator, who can then pass the Information on to the other Communities. Cal Iahan agreed that the Counci I had not reviewed the repuest as they should have done. He suggested that Counci I be notified prior to adoption of unusual requests of the specifics of such a request. C) Jabbour presented pictures of styrofoam floating in Lake Minnetonka. He stated that he did approach the LMCD last year with a concern regaraing this issue and noted they did not do anything to correct the problem. He Indicated that a major dock company In the area Is considering the addition of floating docks to their line of products which would expand the use to tne private sector. He suggested the Counci I request an opinion from the City Attorney outlining the City’s authority with regards to governing lakashore activities such as this. JoEMen Hurr stated she currently Is the Chair on a new environmental committee and felt this issue should be addressed by that committee. Callahan suggested they discuss this issue at the next Lake Use Conftfnl ttee. D) Callahan noted the agenda for the LMCD’s meeting of April 11th notes an appiIcatlon by Lake Minnetonka Boat Sales to bo allowed to expand boat sales at the facility In Orono. He suggested staff check Into this. - - - MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 r ilf MAYOR/COUNCIL REPORT - CONT. Jabbour stat©d that th© Boat works has movad its s©rvic© department’ to Delano and thought perhaps the expanded sales wouI - take place at the Wayzata facility. E) Callahan stated that upon review of minutes o^ the Park Commission meeting, he noted that applicants are now required to have a hearing before the Park Commission to determine if the City will requ i re a park dedication fee or dedication of land. He stated he did not want the applicants to be subjected to a third hearing. He also felt it was not the Park Commissior’s place to determine If an application was a subdivision or not. He pointed out that the Commission appears to be acting as arbitrator betwean OBA, the Hockey Association, the Schooi District and the City with regards to the proposed ball fields on the school property. Goetten suggested they provide the Park Commission with guidance. some Butler felt It was appropriate for the Park Commission to act as an arbitrator In this matter if they chose to do so. Moors© exp I ained the Park Commission Initially got i nvoIved because of the possible ball fields in that area, but other issues were interrelated. He noted that the proposal will be brought to the Council In the near future. (#11) REQUEST FOR PAYMENT »4 - HIGHWAY 12 FRONTAGE ROAD It was moved by Goetten, seconded by Mayor Peterson, to authorize the payment of $5,650.43 to B A D Underground, Inc. for work done on the Highway 12 frontage road. Ayes 5, nays 0. (#12) BID AWARD BEDERWOOD PLAYGROUND EQUIPMENT Moorse requested that the Council table this item until the next meeting so the Park Commission Member could be present. It was moved by Butler, seconded by Goetten, to table the bid award for Bederwood Park playground equipment. Ayes 5, nays 0. :■'> * 'I i"v P u:^•^ I 1^:. r;-’ ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 (#13) STUBBS BAY SANITARY SEWER IM^'ROVEMENT - ASSESSMENT ROLL - RESOLUTIONS #3109 & #3110 Moorse explained that the Council is requested to adopt two reso I ut i, one to estabi ish the pub! ic heariny for the Stubbs Bay sanltart awer project, and the s.jcond to adopt a proposed assessment, roll to be sent out to the affected property owners. It was moved by Jabbour, seconded by Mayor Peterson, to adopt Resolution #3109 establishing the public hearing date be set for May 4, 1992 at 7:00 p,m. at the Orono Cafeteria for the proposed assessment for the Stubbs Bay area sanitary sewer. Ayes 5, nays 0. Rowlette asked what the time table was after that hearing. Moorse explained that after the hearing there was a 30 day appeal period. He stated they expect to begin work mid-summer. Butler stated that she received a call requesting that the Council consider assessing less than the total assessment per unit price. Callahan stated that if it were one individual they were considering, It might be feasible to reduce the average slightly lower to further reduce some of the assessments. He suggested that the numbers in the resolution be raised to allow for flexibility. Jabbour clarified that the numbers in the resolution already reflect a contingency. Callahan suggested that the figures should be increased so the Council Is not locked into a number that is too low in the event the project needs to be revised. Jabbour felt that a notice should be sent with the resolution to the home owners explaining how the Council arrived at the figures. Gaffron passed out a copy of t.he proposed letter to be sent out with the resolution. Me also Informed the Council that a property owner on Westlake Street has indicated an ability to combine his two parcels to create one, therefore he would be assessed for only one unit, but this would rot take place until fail 1992. 1 1 hr' f- ■(fe. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 K': STUBBS BAY SEWER - CONT. Moorse explained that the resolution also sets forth that a newly created bulldable lot within the area would be charged "00* for the sewer, and If the availability of sewer enables a subdivision or a vacant lot to be bulldable, the owners of such property would also be assessed 100% for sewer In the future. Jabbour stated that since the Council has indicated to the residents that they would participate with the cost, they should do so, but perhaps they should give them a percentage that they will pay and stick to that amount. Callahan suggested that to ensure flexibility they consider adopting a resolution stating the homeowner to pay 100% of the cost. Hurr felt it was unfair to charge a future bulldable lot more than currently developed lots are being charged. Moorse stated that the magnitude of benefit is much greater for a newly created bulldable lot. Rowlette stated that residents attending the last meeting were angry until the Council stated they would pay a portion of the cost. She felt the assessment hearing would not be well received If residents were notified In advance that the City would not pay a portion of the cost. She felt they should not inflate the assessment and Increase the percentage the City pays to make the City look good. Callahan indicated he only suggc^sted the 100% assessment to allow greater flexibility should a major change arise. Jabbour suggested by letting the residents know up front t ■:at there Is a contingency built Into the dollar amount, they may be more sat IsfIed. Cook thought It is good idea to remind residents that the easier the easement acquisition Is the more the total cost will be reduced. It was moved by Jabbour, seconded by Mayor Peterson, to adopt Resolution #3110 declaring cost to be assessed and ordering preparation of proposed assessment roll. Ayes 5, nays 0. Jabbour directed staff to review whether CDBG funds could be used to help residents In need pay for the sewer project. % V ^ Ur'th^^Iminpk/ ■4''-; :'-3> > ■ ■:> k|:- if'"-:, PLp;.p.v. R;!»v- I- ^.-S!- T fe. 1^'-^ >r-f:. 1 \ \ l>:i'''"0£i^ ■ Sf 0m ;#K- t i I :h mm- m.Wk :■> t>. .>:. > I V- .^ ■ ■ ti4'’’ V . N ;• t.-' ■s 0-:: •# it i?#tt 0:^S' ' 0'- tte%- rt';, , , MINUTES OF THE REGULAR ORONO COUNCIL MEETINGHELD APRIL 13, 1992 (•14) SUPPORT OF GRANT APPLICATION FOR WECAN - RESOLUTION tSI11 It was moved by Jabbour, seconded by Goetten, to adopt Resolution •3111 In support of a WeCAN grant application. Ayes 5, nays 0. (♦16) STEP ADJUSTMENT - LIN VEE It was moved by Mayor Peterson, seconded by Callahan, to approve a wage rate adjustment for Lin Vee from Level 4, Step II ($11 .109/hour) to Level 4, Step III ($1 1 .726/hour ) effective April 23, 1992. Ayes 5, nays 0. (♦16) STEP ADJUSTMENT - OFFICER JAY DEMBOUSKI It was moved by Goetten, seconded by Mayor Peterson, to Increase Officer Jay Dembouskl’s salary from $14,265 per hour to $16.05 per hour as of April 6, 1992, as per the 1992 LELS contract currently in effect. Ayes 5, nays 0. (♦17) APPLICATION $ CERTIFICATE OF PAYMENT NO. KRAUS-ANOERSON 6RE38ER CONCRETE/MASONRY STEININGER CONSTRUCTION It was moved by Butler, seconded by Mayor Peterson, to approve City Hall and Public Works Buildings Applications and Certificates of Payment No. 2 for March Construction Manager fee and reimtursable expenses to Kraus-Anderson in the amount of $20,541.61; and for Public Works building footings work to Gresser Concrete/Masonry In the amount of $12,600.00; and for site preparation co Stelninger Construction Co. in the amount of $45,000.00. Ayes 5, nays 0 CITY ATTORNEY’S REPORT Barrett requesred Council adjourn to Executive Session to discuss possibIe litigation. (*♦18) LICENSES It was moved by Butler, following I I censes; seconded by Mayor Peterson, to approve the Special Event Permits: Minnesota Int’l Center Norwest Bank Wayzata Office Septic System Installer: Don’s Backhoe & Exc. Elmer J. Peterson, Co. Wmr' is A.-V,:'a&iil .: K't!fc- MINUTES OF THE REGULAR ORONO COUNCIL MEETINGHELD APRIL 13, 1992 LICENSES - CONT. m- t-'.i site Evaluator/Designer; Percor, Inc. Don’s Backhoe & Exc.I b-■" r t-'"- Motion, Ayes 5, nays 0. (M19) BILLS m tv ■* It was moved by Butler, seconded by Mayor Peterson, to approve payment of the All Funds Account. Ayes 5, nays 0. pm^.ADJOURNMENT i j n* • j It was moved by Butler, seconded by Jabbour, to adjourn the regular Council meeting at 8:45 p.m. Ayes 5, nays 0. '.1: iii-r Barbara A, Peterson, Mayor mi t-.: • r - V ,'v’« ‘ V ' ’mmiHi. allin, City Clerk * ii. 4 ■'r r*»»ss'BiP dmm- »■ m-mBm:.. m .1 • - AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 13, 1992, 7:00 P.M (*)Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL Oath of Office - Police Officer David McNichols 1. CONSENT AGENDA* APPROVAL OF MINUTES * 2. Regular Meeting of March 23, 1992 COUNCIL MEETING 1 5 1992 ^ OF OROAfO CABLE COMMISSION COMMENTS 3. James Daniels Cable Communications Commission Administrator and Tim Pattrin Representative mv-t. • 'v » ; t-' - V ■■ PLANNING COMMISSION COMMENTS ~ Candace Rowlette Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ; ir-i .. V ■ r-‘ iPiP " - ZONING ADMINISTRATOR'S REPORT **APPLICANTS** Innediately after the Council has reviewed yoar application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials. kv - _ 4. 5. W '' 6 • 7. ■ 'T 8. 9. 10. #1521 Stephen Lombardozzi, 115 Old Crystal Bay Road - Request to Extend Preliminary Subdivision Approval #1532 Fullerton Properties Inc., 2225 Sixth Avenue North - Request to Amend Covenants #1700 Dale McCurdy, 4041 North Shore Drive - Variance #1717 Lawrence W. & Arliss A. Gadbaw, 699 Minnetonka Highlands Lane - Variance - Resolution #1721 Albert Hanser, 1685 Fox Street - Peliminary Subdivision - Resolution #1722 Howard Eisinger, 3245 Wayzata Boulevard - Renewal Conditional Use Permit - Resolution Shoreland Ordinance Response from DNR m V'.' MAYOR/COUNCIL report &ENGINEER REPORT 11, Request for Payment #4 - Highway 12 Frontage Road CITY ADMINISTRATOR'S REPORT 12. Bid Award Bederwood Playground Equipment Stubbs Bay Sanitary Sewer Improvement - Assessment Roll - Resolutions Support of Grant Application for WeCAN - Resolution 13. 14. mm^zz. 1^^'^' 'I-/- I' i - ^ ■'.*' ,™. •<'i .,JVfevjrv 'rvr’.AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 13, 1992, 7:00 P.MII CITY ADMINISTRATOR'S REPORT Continued■.V' ate-:- 15.16. 17. fete,,:'l: step Adjustment - Lin Vee Step Adjustment - Officer Jay Dembouski Application & Certificate of Payment No. 2 Kraus-Anderson Gresser Concrete/Masonry Steininger Construction ipClTY ATTORNEY'S REPORT LICENSES (18*) |s;|tILLS (.19*) ^IgPCOMlNG ISSUES AND EVENTS Mlil4/13 - 6:30 p.m. Council meets with Highway 12 Citizens Groups T Council Chambers psi04/13 - Council Meeting 7 p.m. 04/20 - Planning Commission 7 p.m. #4/27 - Council Meeting 7 p.m. ^i04/29 - 1992 Board of Review 7 p.m. - Council Chambers ^?#5/02 - Spring Clean Up 8 a.m. - 4:30 p.m. 05/02 - Police Vehicle Auction 11 a.m. Martins 66 Navarre1-r.r^: ^ ^ W- ^ 111^05/04 - Stubbs Bay Sewer Improvement Assessment - Public Healing 7:00 p.m., Orono High School Cafeteria ^^05/05 - Park Commission 7 p.m. Council Chambers iS#5/09 - Spring Clean Up 8 a.m, - 4:30 p.m. 05/11 - Council Meeting 7 p.m. 05/18 - Planning Commission 7 p.m. Council Chambers 105/19 - School Board Election 05/25 - Holiday - Memorial Day Observance 8105/26 - TUESDAY - Council Meeting 7 p.m. ^te: -Si m:wmm P misp. :Sl#' -:Pr-M V -.;s pi«. mm.ifii; te. •h.. te-’-' iiSjSii:. n:Cfr ■J ‘4 '5 •y -oMINUTBS OF THE RB6UIAR OROHO COUNCIL MEBTIHG HELD r. j7- m"- ' , *'• ■ 5,1,•II.’? '••■; .rr i s&iy ■ \&4y ... 4^IVpr W,!, m'. mi^i-■■■■}•' J,. riv ^V" im, ROLL MARA 23, 1992 13 the above date with the following pre^^S!t lahboiiff rd The Council met on Mayor Barbara Peterson, Councilmembers Gabriel Jabboi&l^|OBd|m Callahan, and J. Diann Goetten. Mary Butler was absentf*C/#fi following represented the City staff: City Administrator Ron Moor^, Public Works Director John Gerhardson, Building & Zoning Administrator Jeanne Mabusth, On-Site Systems Manager Stephen Weckman, City Attorney Tom Barrett, City Engineer Glenn Cook, Police Chief Stephen Sullivan and City Recorder Carole Haseman. Mayor Peterson call^ the meeting to order at 7:02 P.M. OATS OP OFFICE Police Officer David McNichols did not appear for the oath of office. (#1) TEAR XVIIl CDD6 FUNDING - OOMTIMUED PUBLIC BEARING - 7:05 RBSOLOTIOH #3100 - 7:20 P.M. - Mayor Peterson asked for an update Grant (CDBG) funds. on the Community Development Block It was noted that the affidavit of publication was published for the orIgina1 hearing. Moorse pointed out that the hearing had been continued to allow staff to do some further research for the Council. One of the things looked at since the last meeting was the 15% cap on allocation of funding for public service-type activities. There is a 15% cap on the total CDBG allocation to the County but that allocation is so large that our little bit of it, if we go over 15% of our specific allocation, is not going to have a huge impact on whether the whole County is still within that 15% cap. Goetten asked if Moorse was advocating funding for "C" (referring to Moorse's memo of 3/20/92) or not? Moorse answered that it substantial impact. was possible to do so without having a Goetten commented that this increase is 100%. Moorse explained that in his Memo of 3/20/92 he showed letter "C” because the Interfaith Outreach group had a request for $2,000.00 to match a grant. Goetten added that they all had an opportunity to use a $1,000.00 last year, two used it and one didn't. Regarding the 3/20/92 memo she questioned the options and wanted to use some funds for the Park. Mayor Peterson asked for comments from the public regarding this item, hearing none, she closed the public hearing. V'-.IP-►MinOTBS OF THE RBGUIAR ORONO COUNCIL :ih:-TING HEXD MARCH 23, 1992 5^a:PDBIfIC ^i:'. ■ fi 6-’ PA ■ pA H&i I #A > Calitahan noted that /iving money to Park Planning does not disturb him but in the past there has been a potential amount of money given towards the sewer assessments and if we don’t have to allocate all of this right now? he would sjggest Plan "B" or partially, to give the $1,000 to WECAN, $1,000 to Westonka, $2,000 to raake up the grant money for the Interfaith Outreach, keep the $1,700 foi* the Park Planning and hold the rest to see if there is somebody that needs it in connection with sewer assessments. Moorse explained that there is eighteen months from June to spend this noney and asked if it needed to be allocated by a certain date. Gerhardson explained that it needed to be done by the 30th of March. If certain monies aren't used, they can be reallocated at another time and because there are more options today, you don't have to lose it. Jabbour stated that there should be a deadline for unused funds so the funds can be reallocated and felt that Plan A should be implemented. Mayor Peterson felt that a small portion of the money should be used within the community and that using it for Park Planning is appropriate. & ■ '.-i' Callahan suggested that instead of giving $20,000.00 to Housing Rehabilitation it should be assigned to assessment grants for the Stubbs Bay sewer and next year perhaps there would $40,000.00 to contribute. Noorse interjected that HUD has had some rule changes and won't let it be used for that purpose any more. i# It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #3100 for funding from the Year XVIII Urban Hennepin County Community Development Block Grcnt program as follows: Project Budget Interfaith Outreach Community Partners $ 1,000 Westonka Intervention 1,000 Westonka Community Action 1,000 Bousing Rehabilitation 20,000 Park Planning 2,736 Ayes 4, nays 0. ■■A («2) CONSENT hi II Goetten removed Items #3, 22, 23, 25 from the consent agenda. Jabbour added Items #7^ 9^ 10 to the consent agenda. Callahan added Items #11 and 19 to the consent agenda. It was moved by Callahan, seconded by Mayor Peterson, Consent Agenda. Ayes 4, nays 0. to approve the fi ; i ■%i‘ 'i mVDTBS OF TSB REGULAR OROHO CODHCIJ^STING HELD MARCH 23, 1992 P->'»• OCNil iy^i IT AGENDA - CQNT m:''m. i«VV; • ’ '. Motions for all Items adopted by consent agenda will be included in the minutes in their respective numerical order. mk ■ • ■ (#3) APPROVAL G? MINUTES Goetten objected to the reference of "Town Hall Road" on page 7. • .* fefMoorse suggested that it be referred to as "the frontage road m-y- It was moved by Goetten» seconded by Jabbour, to approve the minutes o£ the regular meeting of the Orono Council held on March 9, 1992, as amended. Ayes 4, nays 0. (#4) INTRODUCTION - AMELIA KROBGER ft;#:. ■ Gerhardson stated that the West Hennepin Recycling Commission appointed Amelia Kroeger to the position of Coordinator to replace the previous Coordinator who took a job with the City of Plymouth. J Kroeger was welcomed by all and spoke about her new position. J Mayor Peterson asked Kroeger if she has received calls regarding- — - ||:i F disposal of household hazardous waste. 1%'i 4 Kroeger answered that there are many calls regarding hazardous waste yi and selling aluminum cans. The closest locations for selling cans are #4^4 Buffalo and Brooklyn Park. A schedule was handed out and she noted ’iv y -:y r ■?V-; % - ■»- tia,- the Goodwill Recycling Day on the calendar. Jabbour asked about motor oil. V't- Kroeger stated that certain stations will collect oil if you change it ■iV yourself but that It should not be brought to drop sites. It can be j-.-t taken to the Recycling Transfer Center in Brooklyn Park. V A Goetten asked if Kroeger lived in Orono or Maple Plain? Kroeger responded that she lives in Orono with a Maple Plain address.Vi; iis,PARK C0NMIS8I0H CC ITS WS ■ 5|tvS|4- |i,>v Robert Howells* one of the new members of the Park Commission, was present but had no comments to make at this time. PUBLIC CC m Mayor Peterson asked if anyone was present who would like to address the Council. No public comments were made. !> 1. ff- ll: ' ■ k-:-. ■V?^_iV *.; 0P^ Fc-^ -- - I ? -'y' wikW-^': hi-ig'- v'^ •'-?,•■ ■m^'< .y$;y,m- te' -ftwri'-.'; ■ ttSy mm-' &'. ■r B: IE 0k ^:V #'■ •: Mk ^4 fi:- I,- mr.fcw'- ^'v'V %-k '■ ii r,- ■'.* NIHOTBS OP THE REGULAR ORONO COUNCIL :i:i:TING HELD MARCH 23, 1992 (*«5) *1457 MAN CARLSON, 3140 NATBRTOIfR ROAD - EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL - XBSOLOTIOH #3094 It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #3094 approving Application #1457 for Alan Carlson, 3140 Watertown Road, granting extension of preliminary subdivision approval to April 8, 1993. Ayes 4, nays 0, (#6) #1718 DAVID FANSLBR, 4180 BAT81DB ROAD - VARIANCE - RB8OL0TION #3095 David Pansier was present Noorse explained that the request was for construction of a home with a 75* setback variance rather than 100' from the front, yard property line because of steep topography. Weckman added that this was approved by the Planning Commission now and in 1990. He presented a topographic map showing the area. Goetten asked if a mound system would be able to accommodate an eight bedroom. Weckman responded that it didn't have to as this was a five bedroom home and that the application made in 1990 was for the initial design of an eight bedroom home. It was moved by Jabbour, seconded by Callahan, to adopt Resolution #3095 approving Application #1718 for Davis Pansier, 4180 Bayside Road, for a variance to permit the construction of a principal dwelling 75* from the front lot line. Ayes 4, nays 0. Fansler added that he planned to put in a nonrental apartment for a nother-in-law and will be on the docket at a subsequent meeting. (*#7) #1719 HENRY BRAHTINGHAM, 3185 SIXTH AVENUE NORTH - VARZAECB - RESOLOTIOW #3096 Hanry Brantingham was present It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #3096 approving Application #1719 for Henry Brantingham, 3185 Sixth Avenue North, to permit the construction of an addition to the existing residence. Ayes 4, nays 0. (#8) #1720 CITY OF ORONO, FOX STREET (SECTION LOCATED BETWEEN OROaO ORCHARD AND BROWN ROAD SOOTH) - OOMDITICmAL USE PERMITAARIANCE - PESOLOTION #3097 Hoorse explained that this application would enable placing material along Fox Street between Orono Orchard Road and South Brown Road ■ . V.: IS--.», :-fc T MIHUTBS OF 7HB RB6UIAR OROHO COONCIL MEETING HELD MARCH 23, 1992 m- i III?? ■ f miG FILE #1720 - CONT. basically adding shoulders to; 1) widen roadway to make it safer and 2) to protect it from the high water levels. ■ Goetten asked what the width would be. 'ti .V . ,Gerhardson responded that the typical shoulder width would be a siaxlmum of 6 '. Moorse added 8* per side. Goetten asked if the telephone poles would be removed? Gerhardson answered no. si.i; V • - ■ 'A Moorse explained tk *: approval is needed from both the DNR and the Watershed District. mi. p''' Mayor Peterson questioned Mabusth regarding her memo that the permit not be scheduled for action by the Council until the DNR and MCWD have had adequate time to review. t--. ii Wf Mabusth explained that it was presented at this time to avoid a delay while waiting for the permits. Goetten asked when the work would be done and expressed her concern regarding protection of wildlife during the nesting period. ip-im'.Gerhardnon said that work would begin as soon as the permits are Issued and road limits are off. ^ V ■ Goetten expressed her concern about protection of wildlife during the nesting period. Jabbour added his concern over the extension of the culvert under Pox Street and the two lost culverts under the railroad right-of-way. "'■".If I Goetten also agreed with Jabbour and added her concern about finding the other culvert and future problems. i?’ W:.. i*r • ‘ Gerhardson responded chat there has never been a question as to location of the culvert on Fox Street and that each end has to be added onto. The culvert underneath the railroad tracks is in question and the only culvert they are aware of has been found and he is not sure if there is another one. iiS.'-civ,-;Mayor Peterson asked if the shoulders were required to be 8' wide. i-' Gerhardson answered that the standard shoulder is 8' wide but is not sure if that can be accomplished. The work will be done in stages and will not exceed 8*. }:%Goetten asked if any neighbors had shown any concern. k<' ’’it V'r4i- i 4 ms. '‘-W.’V MIWDTBS OF TH£ REGULAR ORONO COUNCIL MEETING HELD MARCH 23, 1992 SOHIHG PILE #1720 - CONT. Gerhardson said that he received a there were no problems. call from Mr. Perkins and that Callahan brought up his concern that the Council was asked to act upon ^•ris project before the permits had been received. Nabusth reiterated that she had been requested by the Public Works Director to present it to Council to prevent further delay while waiting for the permits from the MWCD and DNR. She sugges. -d that Council could approve it upon condition that the City not proceed with the road repair until receipt of the permits. It was moved by Jabbour, seconded by Mayor Peterson, to adopt Resolution #3097 approving Application #1720 for the City of Orono, Fox Street (Section Located Between Orono Orchard and Brown Road South), granting a conditional use permit and variance to allow the filling of approximately 700 cubic yards of fill within an adjacent wetland of Fox Street for a distance of 1,000 lineal feet, on condition that the permits are received from the DNR and MWCD. Ayes 4, nays 0. (*#9) ORDIWOICB REPEALING ORDINANCE #96, 8BOOn> SERIES, INTERIM MORATORIUM ON GRANTING OF SUBDIVISIOM WITHIN SHOPMLAND AREAS OF CITY > ORDINANCE #102, SECOND SERIES It was moved by Callahan, seconded by Mayor Peterson, to repeal Ordinance #96, Second Series, an ordinance establishing an interim moratorium on the granting of land subdivisions that have not received preliminary approval from the City. Ayes 4, nays r» \j * (*#10) #1723 PATRICIA 6 WILLIAM DICKEY, 2645 WATERTOWN ROAD - OOHDITIONAL USB PERMIT - RESOLUTION #3098 AND OOHDITIONAL USE PBRMIT/VARIANCE - RESOLUTION #3099 It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #3098 approving Application #1723 to permit the temporary use of a 14x100* greenhouse at a maximum height of 10* on the property; and to adopt Resolution #3099 approving Application #1723 to allow an existing fence and garage to remain on property as they exist toda^ and to approve a guest house use. Ayes 4, nays 0. iTOR/COUNCIL REPORT It was decided to delay the report until later as people were waiting regarding other issues on the agenda. '■ .-1. .. i;- • -V. 1 •1 *i k 1 .1 1 ■4 H A f.¥ ik K- « I-»5f\Kf'-■■■r/ & . m. Riffi • % f:«: S:^:v;r i- mMristertef Pv.^|US'ter'!rl"Wfrm- Mr mh;. r^r >^: ■ ?a*; ^#-' m-H-mp P4/ '•/-^, ‘ ■ M- k. ■ k mr MINUTES OP THE RBGULMl ORONO COUNCIL MEETING HELD MARCH 23, 1992 ENGINEER REPORT (•#11) CHANGE ORDER - FACILITIES FRONTAGE ROAD It was moved by Callahan, seconded by Mayor Peterson, to approve placement of Class 5 gravel on facilities frontage road. Ayes 4, nays 0. CITY ADMINISTRATOR'S lilEPORT (•#12) YEAR XVIII CDFiG PONDING - RESOLUTION #310? See reference made ait #1 above. (•#13) BEDER1IOOD PARK BASEBALL SCHEDULE It was moved by Callahan, seconded by Mayor Peterson, to cipprove the schedule of the Orono Baseball Association for the use of Bederwood Baseball Field for the 1992 season as attached to John Gerhardson's memo of 3/20/92. Ayes 4, nays 0. t*14]» ESTABLISH SPRING CLEAN DP DAYS - MAY 2 AND 9 It was moved by Callahan, seconded by Peterson, to designate May 2 and May 9, 1992, as Orono Spring Clean-up Days. Ayes 4, nays 0. (•#15) YARDHASTE PROGRAM SCHEDULE It was moved by Callahan, seconded by Mayor Peterson, to approve the yardwaste program and schedule for 1992. Ayes 4, nays 0. (#16) DATE - COUNCIL WORK SESSION - (#17) DATE ~ ASSESSMENT HEARING - STUBBS BAY SBNER After some discussion it was decided to schedule the Council work session for April 1, 1992 at 3:00 p.m. and the assessment hearing for May 4, 1992 at 7:00 p.m. (#18) BID AWARD UTILITY TRACTOR Moorse presented a memo from Gerhardson dated March 18, 1992 listing bids for replacement of the utility tractor and mower for the Public Works Department. He recommended that the low bid be accepted from Scharber and Sons for an amount not to exceed $23,896.00 but delay the purchase until more information is received regarding the State's budget problems and the effect it would have upon the City. Goetten stated that she was not going to approve the purchase until the financial matters regarding the City facility were set. Gerhardson explained that he asked for an extension until May 1st before placing an order and that Scharber and Sons was in agreement. 7 -i- M- I.- i?-w A. i"' ii'Ifip' » \ :: ■- %'pf’ 0- I p. “V-. r. , ^v u'- H-' te®' ■■:?■■ >* , ' 00 •■> -• •. :vap r- •4' ' 0n MINUTES OF THE REGUU^ ORONC COUNCIL MEETING HELD MARCH 23, 1992 BID AWARD UTILITY TRACTOR - CONT. Barrett explained the City's cnoices were to accept the bid with the intent to make the contract or to reject all bids or to table it. It was moved by Goetten, seconded by Mayor Peterson, to table as an open date the equipment purchase for Public Works. Ayes 4, nays 0. (*#19) mCRBASE TITLE INSURANCE ON FACILITY SITE It was moved by Callahan, seconded by Mayor Peterson, to approve an increase in the title insurance coverage on the new facilities' property to reflect the total construction cost of the City facilities. Ayes 4, nays 0. (#20) NEWSLETTER COSTS AND OPTIONS Moorse explained that staff would li>.e to send out a newsletter to residents containing informational articles in particular the new Shoreland Regulations. It was moved by Jabbour, seconded by Goetten, to approve plans for the City newsletter; including outside typesetting. Ayes 4, nays C. (#21) APPLICATION AND CERTIFICATE OF PAYMENT NO. 1 - STBININ6BR CONSTRUCTION CO. KRAUS-AHDBRSOH CONSTRUCTION CO. Moorse requested payment for two items, one the initial application for payment for the site work being done and the second is the first payment to Kraus-Anderson the construction manager. Jabbour stated that we should receive lien waivers. Moorse explained that before the second payment can be made, the lien waivers must be set. Goetten asked the City Attorney if he was comfortable with this procedure. Barrett explained that it is usually the last payment that becomes the negotiated issue to determine that the lien waivers are in and the money gets paid. Jabbour stated that Kraus-Anderson should obtain ]ien waivers for payments simultaneously when the amount gets to 8 0%. Callahan requested a breakdown from Tom. Kuehn, City Finance Director, of the amount spent on the project to-date. Also he wants a record kept of the budget spent for Kraus-Anderson and the architects to avoid discovery at a half way point that all the money is spent. Moorse confirmed that he has talked to John Davies and Tom Kuehn about keeping a record of the general conditions and expenditures under the contract for construction managers. 8 mmII" II,-"r '.-s ■V''->. IKK-K- k? y'v.^v; fi;. '• i:v 1,’SV?v i'l' ij A- VJr ■<m •, '••'f f r»fe',fesft l!t ■\*jjy MINUTES OP I'HB RSGDLAE ORONO COUNCIL STING HELD MARCH 23, 1992 APPLICATION AND CERTIFICATE OF PAYMENT NO. 1 - CONT. It was moved by Callahan, seconded by Mayor Peterson, to approve the payment for site clearing to Steininger Construction Co. in the amount of $60,750.00 and for partia.l construction manager fee to Kraus- Anderson in the amount of $22,443.00. Ayes 4, nays 0. (#22) SPEED STUDY - BAST LONG LAKE ROAD - BB80L0TI0N #3101 Goetten expressed her surprise that it wasn't a posted speed limit and asked if there was a cost for the speed study. Gerhardson explained that there would be no cost and that the study is done scientifically and mechanically. It was moved by Goetten, seconded by Mayor Peterson, to adopt Resolution 13101 to request the Minnesota Department of Transportation to conduct a speed study on East Long Lake Road. Ayes 4, nays 0. (#23) BATHROOM IMPROVEMENTS ORONO GOLF COURSE Goetten asked if a new bathroom would be installed. Gerhardson explained that changes are necessary because of deterioration but because the City must conform to the Americans With Disabilities Act there has been an increase in costs. Mayor Peterson asked if the bathroom would be wheelchair accessible. Gerhardson answered that would be the ultimate goal. It was moved by Goetten, seconded by Mayor Peterson, to approve the budget improvements for the bathroom at the Orono Golf Course. Ayes 4, nays 0. (#24) PRESENTATION BY FRANK HORNSTEIN OP CLEAN MATER ACTION CONCERNING THE CORCORAN ASH REUSE PROJECT Mayor Peterson Introduced Frank Kornstein of the Clean Water Action Group, Fred Gustin from Metro Services and Ms. Maryann Campo who are Involved in this project. Bornstein proceeded to inform everyone that he is a Co-director of Clean Water Action, a national organization, and in charge of the Minnesota chapter. This is a technical environmental issue. Incinerator ash has two different waste streams, the fly ash which are highly coiicentrated particles trapped in the air pollution control of the incinerator stack and the bottom ash which does not contain the highly concentrated toxins. This by-product of the combustion process contains very highly concentrated levels of toxic metals and the ash has been found to be hazardous. A decision will be made tomorrow from the Minnesota Pollution Control Agency regarding disposal of ash in a facility that meets hazardous waste regulations. Various reports and Ft: ? t;: • >:.• I'*'* t; MINOTBS OF THE RBGUIAR OROHO COUNCIL MEETING HELD MARCH 23, 1992 PRBSBHTETION BY FRANK HORNSTEIN - CONT. facts substantiating his views were passed among the Council. To have a highly lead based substance paved on the roads in a general environment of people, is a very danaerous gamble. Your letter to Corcoran was in support of testing this product on a rural road. The health risk study was prepared by the company that has a financial interest and is deficient. He also pointed out that testing on this scale has not been done anywhere in the world and now the test is proposed for Corcoran. He pointed out that the City’s support should be not to utilize the material that contains fly ash, to have a longer period of testing, and to have a moratorium on the permitting process for the plant. He indicated that his colleague, Mr. Wolf, and the Boglund family from Corcoran were present in opposition to the testing. Mr. Wolf expressed his concern over the length of time before the roadway would come apart and that there is a substantial difference to the toxicity of this material compared to rock and gravel. The metals do not disappear and is there forever even though it is perhaps washed into a roadway, river or lake. The North Dakota Department of Health denied a permit. It is our hope to get the pollutants and toxins out of the waste stream so they don’t cause a problem in the first place. Mayor Peterson asked what the toxicity levels were compared with. Hornstein explained that lead would be present in the ash substituted roadway material at levels almost 160 times higher than the natural aggregate normally used to pave roads and 32 times higher than existing roadway soils. The aggregate material would be stone and gravel. Jabbour stated that he is not qualified to make a judgment regarding this decision and is flabbergasted that he was asked to do so by any other city. Hornstein went on to explain that mercury would be present 280 times higher than natural aggregate and 28 times higher than existing roadway soils. Cadmium would be present in the ash substitute roadway material at levels 22 times higher than natural aggregate and 55 times higher than existing roadway soils. The combined ash in the short term should go to a federally licensed hazardous waste stabilization facility and in the long term there should be a reduction in the quantity and the toxicity of the ash. Jabbour wanted to know why Orono was approached regarding a matter affecting Corcoran. Horstein stated that this issue has been subverted to a political issue. They were motivated to come to Orono because at the time they were in Medina, Orono was debating this issue. Medina made the decision to stay out of it and that is his recommendation for Orono. There is a possibility of a large industrial plant capable of processing 200,000 tons of ash to be located somewhere in western Hennepin County. He asked that Orono make a motion takino into I 0 A*- ‘ i 1^-te'=..i^-feV-*' '•■ H- --i fev-- 9^^ t:mM NimjTBS OF THE REGULAR OROHO COUNCIL MEETING HELD MARCH 23, 1992 PRESENTATION BT FRANK HORSTBIN - CONT. consideration the issues of the fly ash, long term testing and the plant. Mayor Peterson asked how many of the other ten communities have indicated their support in theory to this project. Hornstein responded that only recently have they learned of the movement and have spoken only to Medina and now to Orono. Mayor Peterson asked Fred Gustin representing Metropolitan Services for comments. Fred Gust.ln identified himself as Senior Project Engineer with Municipal Services Corporation based in Atlanta, Georgia, and a subsidiary of U.S. P.C.I. which is based in Huston, Texas, which is a subsidiary of Jnion Paci.cic Railroad with $13,000,000,000.in assets based in Bethlehem, Pennsylvania. For the last four years his company has been working with the Hennepin County Board on developing the use of the ash from the incinerator. His own background is as a Utility Engineer for Wisconsin Electric Power Company and managed approximately 250,000 tons per year of coal fly ash and found that it was successful to market the coal fly ash. He went south to work for a consulting company that specialized in coal ash utilization and feels it has a great deal of potential. In response to Mr. Hornstein's three comments: The pilot plant in Atlanta produced 100 tons of fly ash about two years ago. Since then representative samples were taken from an independent company and according to MPCA requirements the aggregate was ground down and tested. The test period for the fly ash in the 100 tons has passed the MPCA standards. At the end of five years the MPCA will look at the data supplied to them and will make a decision as to what to do with this roadway. It can either be brought to a disposal site or if the roadway is holding up, it can continue to be monitored. On a permitting process, because of the experience in Dayton, it has been decided to slow down the whole process. Even though they feel it is a good idea, his company has no intention of beginning construction of a plant after two years because of the necessity to perform an environmental impact statement first. Jabbour questionel why Orono was asked to be involved and expressed remorse after further checking into this matter. Goetten agreed and stated that Orono has always prided itself in being an environmentally concerned city. Maryann Campo addressed the Council and explained that she is a citizen who resides in Hennepin County. She is opposed to Hennepin County siting more land fills and feels other uses should be found for waste materials. Campo feels a decision should be made to allow testing for new products under strict monitoring. Moorse added that Orono's correspondence supported moving ahead with MPCA testing. 11 K i h Ivv^r Ev ^ ' fr- tI r F. 5^v MIHUTBS OP THE REGULAR ORONO COUNCIL MEETING HELD MARCH 23, 1992 PRESENTATION BY FRANK HORBSTBIN - CONT It was moved by Jabbour, seconded by Goetten, to reconsider Resolution #3091 in support of the ash asphalt road project. Ayes 2, nays 2. (#24a) A RESOLUTION ESTABLISHING VOTING PRECINCT LINES IN THE CITY - iLOTION #31024 It was moved by Mayor Peterson, seconded by Callahan, to approve Resolution #3102 that the existing precinct lines should not be changed. Ayes 4, nays 0, CITY ATTORNEY'S REPORT Barrett suggested that he defer his report. (#25) LICENSES Goetten expressed her concern regarding trapping beaver and made reference to a phone call from Mr. Blankenship who has been sustaining damage to his property from beavers. Goetten said she could not support trapping beaver. It was moved by Jabbour, seconded by Mayor Peterson, to approve the limited trapping permit to trap beaver for Bradford Blankenship, 2605 West Lafayette Rd. Ayes 3, nays 1. It was moved by Jabbour, seconded by Mayor Peterson, to approve the following licenses; Septic System Installer - Hayes & Sons Excavating, Rt. 1, Box 202, ; trose Jerry Johnson Excavating, 2445 Morningside Rd., Long Lake McCarty Water & Waste, 6250 Hwy 12 W., Maple Plain Patnode Brothers, 16551 Lake Ridge Dr., Maple Grove Sullivan Utility Services, 3660 Hwy. 101, Wayzata Thompson Plumbing Corp., 15001 Mtka. Industrial Rd., Mtka. Volkenant, Inc., 1030 Co. Rd. 83, Maple Plain Widmer, Inc., Box 219, St. Bonifacius Site Evaluator/Designer - Kock's Soil Testing, Box 81, Loretto S-P Testing, Inc., 951 Katydid r.ane NE, St. Michael Set Dp License “ Navarre Lanes, Inc., Box 51,Navarre MAYOR/COUNCIL REPORT Jabbour expressed his concern regarding budget cuts in Orono and Long Lake and the effect it has on the level of service for firemen and police. Also he wants Orono represented at the LMLOA meetings. (*#26) BILLS It was moved by Callahan, seconded by Mayor Pet'rson, to approve payment of the All Funds Account. Ayes 4, nays 0. M-!: '"v ■ ^ -7 MlMUyjBS OF THB BB6UIAR ORONO COORCIL HEBTIHG HELD MARCH 23, 1992 •lira r i.i ‘ It was moved by Callahanr seconded by Goetten, to adjourn the regular Council meeting at 9:27 p.m. Ayes 4, nays 0. ifgf. lay*. Barbara A. Peterson, Mayor ATTEST: fc>r. -p.I#- Dorothy M. Hallin, City Clerk -'\:t V" ■ '■• r?J' 5, ,-h 'i.f ’.. mh‘' iyS r- r ¥< # *- rP. • ■ Ir i» “ - -'• y ,k'<-.-v‘)2'-'?«-ff’ ■ :-.'v K> ■ fe.: r * ^'“***% ^ PS ^'••V^y wa. ' i*» ** 4 ■, *. V ^ -a- K?P%IW'-. ,T. L.n*‘ --s •|‘■|:^_ .. *.# ’ l7"'-^ 1... ■ '=j \ .,t^;p- Sp: ■ ,V: > •;• r^r; P cj#;'. ii^•.S- TO:Mayor and City Council FROM:Ron Moorse, City Administrator DATE:April 8, 1992 SUBJECT: Cable TV Update and Proposed Resolution Concerning Cable TV Regulation Legislation Jim Daniels the Cable TV Administrator and Tim Pattrin, Cable Commissioner, will attend the April 13 Council meeting to update the Council concerning activities of the Cable Commission and to present a proposed resolution in support of legislation concerning cable TV regulation. The resolution is attached. tcHiiiiliiiVl- W i::-r- r r;vV-■ € tl-.. - w ;.!> •5®- ''i vf- ; t. Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR. MINNESOTA 55331 • -612) 474 5539 March 31/ 1992 TO:Barbara Bedell - ^riotte'Stck'sor- Min^etrista Tren^rAsr.% Bonifacius Luvern Hanson - Long Lake APR ^»d^na;/ler-''B;tphaven, Greenwood, woodland Laura Monroe - Medina j Ron Moorse - Orono n^rv ^ Patricia Osmonson ' Sptin^ Greg Withers - Excelsior 1 1932 / FROM: Jim Daniels, Administrator RE: City Council Support of H.R. I have spoKen with almost all Cable and^ • explained that 1 have written a ^ establishing Cable would be very '■'’^J-"®|'g’-cabie Commission level. Congressman ^frry-slK^fsKl^fldf J V pot KUion'trthffuU House of Representatives. ^ ... 1 1 u .he cable Co^ission has two reguests^that^wiU^h^^^^ residents and assist m securing Sikorski's vote: vour May we schedule ^ vie wouldupcoming City council meeting -ruert -/a fe^uti. and answer any City councix 1. 2.Would you please additionsresolution language, with any^a^,^_^ or changes you see » Council's pack? "ti Ji”siirtnri tui'ne^A jourLir'.'-hinrthrrtop " a timed item on the agenda. gutstionf: pteare"airmr"at ^hfCable Scission ^ office . Enclosure CO Barb Brancel, Commission Chair Cable Commissioners :h- . * ■I"'j r A RBSOLOTION URGING CONGRESSMAN GERRY SIKORSKI TO CO-SPONSOR AND SUPPORT H.R. 3560, THE "CABLE CONSUMER PROTECTION ACT OF 1991" r WHEREAS, Congress must enact cable legislation that protects cable subscribers from unfair cable rates and inadequate cable service; and P ith [it iTMp MkMi- I lifei te& W-' i* »I'- pa:'-, mi WHEREAS, H.R. 3560 is the only cable television bill pending before Congress that provides cable subscribers the protection they need from dramatic rate increases, indaequate customer service, and other abuses by the cable operator; and WHEREAS, H.R. 3560 grants franchising authorities the right to entertain competitive bids for a franchise subject to renewal, aud gives them the authority to deny a franchise to an inadequate cable operator; and WHEREAS, H.R. 3560 provides local regulatory cable commissions and local governments the protection they need in any claim challenging local regulation contemplated by applicable federal, state or local law or franchise; and WHEREAS, H.R. 3560 would require the FCC to establish minimum national customer service standards, but would allow the local regulatory cable commission and local governments to continue to trailer standards that may better serve local needs, even if such standards are more stringent than the FCC's standards. NOW, THEREFORE, BE IT RESOLVED by the City of Orono, that Congressman Gerry Sikorski be convinced to co-sign and vote favorably for passage of H.R. 3560 in the Committee on Energy and Commerce and in a full session of Congress. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held April 13, 1992. ATTEST: Baroara A. Peterson, Mayor Dorothy M. FTaTTTrTT City CI e r It |s' ■ r r Iti--fei;3- s'r f :,. , if-i^:^rm^-H::^ tf' <: •.; -I'I:r* g;, f S. Pm -7 ’ •<■ -•frtf;- W'1:^ III -• j'.iv^- 'Iftftf-^)^.v '•il \ s. f*.---'^'. -*1 r ' i- .■ m lake MINHETONKA CABLE COMMUNICATIONS COMMISSION TABLE OF CONTENTS —.<V'. •»•-..<»• •• *>*• ■" • '* * ........................................ ■*• iWi.; Independent Auditor’s Report PSRC 1 FINANCIAL STATEMENTS, Statements of Assets. Liabilities and Funds-Cash Basis Statements of Income and Operating Fund-Cash Basis Statements of Restricted Funds-Cash Basis 2 3 4 Statements of Cash Flows-Cash Basis Notes to Financial Statements 5 6-7 • i » n ♦ ■ft' f r % I:^ % 0,\ f V« I li-V- r { Babcock, L^gbein and Company CertUied Publk AccountMitU A ProfessiaiuJ AsxKiatJoa Slioneapolii, Minnesota 55^2! (612) 7SI-9354 Lake Minnetonka Cable Communications Commission Excelsior, Minnesota INDEPENDENT A UDITOR S REPi)RT We have audited the accompanying statements of assets, iiabilities and of the Lake Minnetonka Cabie Communications Commission as of Decemb . ' and the related statements of Income and operating fund-cash basis, res ric e a basis and cash flows-cash basis tor the years then ended These financial st:.terne.'^5 a the responsibility of the Commission's management. Our responsibility is t'. - <pre. opinion on these financial statements based on our audit. ->c,o and significant estimates made by management, as well as ® ° ® . statement presentation. Wa believe that our audit provides a reasonable basis opinion. AS desaibad in Note 1. these financial statements were prepared on the cash accounting, which is a comprehensive basis of accounting other than generally accepted accounting principles. in our opinion, the finar.cial statements referred to above present fairly, in all material respects, the assets, liabilities, and fund balances of the Lake Minnetonka CarCoTunLons commissi -99, and '^^O. and its inco^ expenses, operating fund balances, restricted fund balances, and cash nows lor the years then ended, on the cash basis of accounting described in Note 1. h\ i' iay'''0 ‘ i'MN'ff'V. •! Lt-fV-r'/u Babcock. Langbem and Company February 28. 1992 -1- LAKE r^INNETONKA CABLE COMMUNICATIONS COMMISSION STATEMENT OF ASSETS, LIABIUTIES AND fund balances - CASH BASIS DECEMBER 3L 1991 _••: t*. * Total (Memorandum -2- The accompanying notes are an integral part of these financial statements, l r..l- ,• , ASSETS General F* 'id General Fixed Assets Only) 1991 1990 Current Assets Cash $38.464 $ 0 S 38.464 S 46.098 Restricted Assets Cash 50.527 0 0 29.047 50.527 29.047 25.153 19.055 General Rxed Assets Total Assets LIABIUTIES, RESTRICTED FUNDS AND s 88.991 $ 29.047 s 118.038 S 90.306 OPERATTNO FUND A Current Uabitities Withheld Taxes Payable $38 $ 0 $38 $1,241 Restricted Funds Restricted Fund Balances 50.527 0 50.527 25.153 Operating Fund Operating Fund Balance Investments In General Rxed Assets Total Liabilities. Restricted Funds and Operating Fund 38.426 0 0 29.047 38.426 29.047 44.857 19.055 s 88.991 $ 29.047 $118,038 $90.306 •P 9 s iv . ,>‘v [T^' LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION STATEMENT OF INCOME, EXPENSES AND OPERATING FUND-CASH BASIS year ended DECEMBER 31, 1991........... l‘V ^."■ • f.’’ p-' k. y , :p^ I&pt r»**' S'-’ r;-t v^’-r- pi;. i ■.. »* 63 k'v I 'T3 ff: f/‘ w ■■■•.. Siv r t te't.',-.i p;.'„'',A^ ■IP" INCOME Franchise Fees (Note 3) Total Income EXPENSES Wages Health Insurance Legal Fees Office Supplies Telephone, Reproduction and Postage Dues and Subscriptions Conferences and Schools Insurance/Bonds LMCCC Financial Review Mileage Miscell£yheous Secretarial Service Payroll Taxes Adverllsing/Promotions Office Equipment Rent Total Operating Expense Operating Income (Loss) OTHER INCOME Miscellaneous Income Cable Company Interest Total Other income Net Income (Loss) Transfer To (From) Restricted Funds Operating Fund Balance, Beginning of Year Operating Fund Balance, End of Year $ Budget Actual Variance Favorable (Unfavorable) -3- 89,000 $97,174 $8.174 09.000 97.174 8,174 55,000 51.926 3,074 2,080 2.090 790 2.000 1,514 486 2,000 1.559 441 2.400 2.762 (362) 1.300 987 314 6,000 5.373 627 4,350 4,352 (2) 1,250 750 500* 950 813 137 450 374 76 500 538 (38) 7,200 4.559 2.641 750 957 (207) 1.000 1,209 (209) 4,800 5.410 (610) 92.830 85,173 7,657 (3,830)12.001 517 0 2.103 2,103 0 10.000 10.000 3.000 6.504 3.504 3.000 18,607 16,607 (830)30.608 31.438 0 (37,006)(37.006) 44,824 44.824 0 43.99'4 S 38.426 $(5.560) The accompanying notes are an integral part of these financial statements w■Ar!>-lake MINNETONKA CABLE COMMUNICATIONS COMMISSION STATEMENT OF RESTRICTED FUNDS - CASH BASIS DECEMBER 31, 1991 r- Restricted Fund Tape Stock Office Equipment FInanclal/Triax r; ■ '. u technical Audit Legal Studio Equipment Misceiianeous Video 4i Access Equipment L« ,• • ,. Contingency :X ’\ Capital Funds i''- Access Development Total Restricted Funds S ?' >• Fund Balance Beginning of Year ?.015 7,000 2,500 5,027 1,561 3,239 3,293 0 $ Add Aporcoriations Deduct Expenditures 233 $ 285 1,000 $ 1,000 1,270 $ 251 1,000 1,000 1,000 500 2,000 3,000 4,506 0 0 0 413 1,118 0 290 7,000 15.000 7,001 1,289 25,153 $37.006 $11.632 $ -4- The accompanying notes are an integraf part of these financial statements. m ItSrftf t i"' - V fe ^ ...y. Fund Balance End of Year (37) 1.07' 3,015 8,000 3.500 5.1U 2.443 6.239 7,509 (1) 13,712 50.527 p.i-— /r r*..f ■ H-:tern Wv.^ •u/* ^Vv-V-’^’ fefl?;’' k'. ^ ^i./ ^v',‘' '■‘j :-M 7'•' i: m^. ■i , ■■•gm'*..-. ^v:ifSK--';. kr.K., Mri:' ‘ ’■•=- 4,, ^./B' ■' %r: t-- . •*' r- •Pt' & I lit.- lake MINNETONKA CABLE COMMUNICATIONS COMMISSION STATEMENT OF CASH FLOWS - CASH BASIS year ended DECEMBER 31,1991 stwoelwwwwj •• . <.--x:■”" »v ■':«,€ - 1991 rjMh Phw9 hvm Opentmg Activities Net Income (Loss) Increase (Decrease) In Withheld Taxes Payable Increase (Decrease) In Restricted Funds Net Cash Provided (Used) by Operating Activities 30.603 (1.236) $ Cssb Fiovt'S from lavestiag Activities Restricted Fund Expenditures Total Net Inc.ease (Decrease) In Cash Cash at Beginning ol Year Cash at End of Year -5- . sy • ^ ••*••• 1990 27.929 967 0 29.372 28.896 (11.632)(10.170) (11,632)(10.170) 17.740 18.726 71.251 62.525 80.991 71.251 The accompanying notes are an integral part of these financial statements. w 8'' L*-r:V ti'' r.'. h:-. p.’F ,r m h. k f't. I.V rV -■: . iK-‘ i^'-H h,;;.-y: :i * v^\ ii;'-m mif'' HH>-• I, iV\ • i*. ' '/ f' w If ■•••./. .•V. fe-A ter"- > ■ P" '‘>:. 1 ■«.'ffe* « «-.LAKE MINNETONKA CABLE COMMUNICA TIONS COMMISSION NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMB^JL 1991 •/!■ ■ - 0m . 1. f».. /. C..m.n.lV nf «|r'«-T' PoHci^ .......... The Uke Minnetonka Cable Communications Commission is a joint venture of fourteen (14) communities; Excelsior. Orono, Spring Park. Long Lake, Minnetonka Beach. Deephaven. Tonka Bay. Woodland. Victoria. Minnetrista. Greenwood. St. Bomfacius. Shorewood. and Medina, organized to control and regulate cable communications with the public in the respective cities. The financial statements of Lake Minnetonka Cable Communications Commission have been prepared on the cash basis. The significant policies followed are described below. Fund Accounting To insure observance of limitations and restrictions placed on the use of lesources available to the commission, the accounts of the commission are maintained in accordance with the principles of fund accounting. This is the procedure by which resources for various purposes are classified for accounting and reporting purposes into funds established according to their nature and purposes. Separate accounts are maintained for each fund. Fixed Assets Fixed Assets used in governmental fund type operations (General Rxed Assets) are accounted for in the General Fixed Assets Account Group, rather than in governmental funds. No depreciation has been provided on General Fixed Assets. All Rxed Assets are valued at historical costs or estimated historical costs if actual historical cost is not available. Donated Rxed Assets are valued at their estimated fair value on the date donated. -6- r/s' .:■ h y'¥t h. •I ■ ■ r n'j;w mwm«VWv- <-'v bf I. <> ■ V\ » ' ^ %.• , ^7 • I To:Chairman Kelley and Planning Commission Members Mayor Peterson and City Council </ Ron Moorse, City Administrator V' - Jeanne A. Mabusth, Building & Zoning Administrator CA April 3, 1992 > ' 4> From: Date: Subject:#1521 Stephen Lombardozzi, 115 Old Crystal Bay Request to Extend Preliminary Subdivision Approval^Ji iif % Pertinent Ordinance Section 11.10, Subdivision 15 - Effective period of preliminary subdivision review (review Exhibit C). List of Exhibits A - Applicant's Request, March 23, 1992 B - Resolution #2918 C - Section 11.10, Subdivision 15 D - Southern Alternate Routes for Expanded Highway 12 E - Preliminary Plat of 3 Lots F - Proposed Approval Resolution Review of Request Mr, Lombardozzi has applied for an extension of preliminary subdivision approval granted January 14, 1991, The period of preliminary approval expired January 14, 1992. Mr. Lombardozzi apologizes for his tardy request and advises that he has been out of the country for the majority of the first part of the year on business. As with Mr. Carlson's subdivision, the proposed southern corridors have a major impact on his 3-lot subdivision. He asks for a year extension. Review Exhibit B -* Note park dedication fee was based on former schedule. Your approval of an extension of preliminary subdivision approval will also include approval of the park fee as set forth in Resolution #2918. The new Shoreland Regulations have no impact on the property. Options of Action To approve applicant's request for an extension of preliminary subdivision approval for one year, subject to the findings set forth in the enclosed approval resolution. Exhibit F, To deny applicant's re . '«"st for an extension because preliminary appr o va 1 has exr and to further advise that applicant has the option at a 1 ^ ar date to file for a renewal subdivision application at a minimal fee (1992 fee schedule renewal subdivision application at $150.00). Isv f'i_ o B A ED o ::z: 3I r i I f I -f i^j /^v T I ( 11 j / \ 1 ( ;f M H If >0. Tpr N rd'lUilSL^UM ^ March 23. 1992 MAR 2 4 1992 V V-' f a/.- '• p' If ■■4-r W f’" • ‘ ,'. :. 1 r*‘v ■ mm- ■ V "|r W^' |tfcf f-'" \ Orond City Council Atten: Jean Mabusth RO. Box 66 Crystal Bay. MN 55323 Dear Jean, I am writing in regards to Resolution No. 2918, which is a resolution granting preliminary approval of a plat for my property located at 115 Old Crystal Bay Rd North. I would like to ask for an extension of this resolution due to the fact that the Highway 12 corridor has not yet been established and once established could impact my development in a number of ways. I also would ask you to excuse my tardiness in addressing this extension as I have spent most of the first part of the year on business out side of the country in the Far East. J: Very Truly Yours, Sf'ohen R Lombardozzi^ mmF-' . . tc-m kr ■ T" 19330 Covington C( .t' t • S' >'f - <•t ■ i". |c •ii';.- ■ l‘f I;S' pv V. .. :r . >:•*. ! Vr-i, I Stf-v IT"'RII[. V ■■^■ r. . f R m §' City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF ORONO NO.Q I 4 A RESOLUTION GRANTING PRELIMINARY APPROVAL OP A PLAT FOR THE PROPERTY LOCATED AT 115 OLD CRYSTAL BAY ROAD NORTH FILE NO. 1521 WHEREAS f Stephen Lombardozzi (hereinafter ’’the applicant") on March 28, 1990 filed a formal subdivision application with the City for approval of a three lot residential plat of a property legally described as follows: The north 16 rods of the south 3/4 of the southeast 1/4 of the southwest 1/4 of Section 33, Township 118, Range 23, Hennepin County, Minnesota, (hereinafter "the property") and ; WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on May 21 1990 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on October 22, 1990 the Orono City Council considered the subdivision application of the applicant, noting the following findings of fact; 1. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 8.04 acres. All of which is considered dry buildable lands. 3. The proposed plat contains three lots each exceeding the 2.0 acre minimum lot area requirement. 4. All three lots have been found to have adequate and suitable area for both principal and alternate on site sewage treatment systems meeting all requirements of the on site sewage treatment code of the City. 5. All lots have been planned so that each lot can be developed with residential structures meeting all required setbacks of the zoning district. f Page 1 of 4 ih p-:- Ut-. ?■■■ S' 5. CITY OF ORONO y Citv of ORONO RESOLUTION OF THE CITY COUNCIL NO 918 6. The proposed amended plan that provides access to al1 lots via an interior plat r >ad meets the full intent of the Comprehensive Plan of the Ci"y. NOW, THEREFORE BE RESOLVED, that based upon either one or more of the findings noted above, the City Counci 1 of the City of Orono hereby approves the preliminary plat for Stephen Lombardozi for the property located at 115 Old Crystal Bay Road North per the survey by All Metro Land Surveyors originally dated 5/10/88, revised 12/1/90, subject to the following conditions: 1. All lots shall achieve access via the extension of Wear Lane North, No additional curb cuts shall be allowed at old Crystal Bay Road except that City will allow existing drive way serving residence within Lot 2, Block 2 until a new principal structure is installed on property. 2. Public road to be installed to northern boundary of property. Temporary cul-de-sac to be installed at northern border. Applicant to provide underlying road and utility easements over portions of cul-de-sac not located within 50' public road. Applicant shall be responsible for the removal of the existing cul-de-sac within Wear Lane Nort'h. 3. Septic test site within southeast portion of Lot 1, Block 1, Lot 1, Block 2 and Lot 2, Block 2 must be fenced off prior to any land alterations within the subject property. 4. Engineering plans for road must be approved by the City Engineer before the >pplicant's contractor can begin construction of public road. 5. Applicant shall have filed against the chain of title of Lots 1 and 2, Block 2 covenants that define location of septic test sites in order to protect, these areas at the time a future drive is inscaJ led within private driveway outlet to serve Lot 2, Block 2. 6. Outlet B has been created for the sole use of Lot 2, Block 2 for dri/eway purposes only and Outlet B shall be legally combined with Lot 2, Block 2 upon the filing of the final plat. Paqr of 4 li: f . «!■? r. )•:•‘, *•' ■> • -/ ‘ «'v. kifi'} S-Sf ■>.k t*.V t *...' t-"' ■ »■•?■ • . i City of ORONO CITY OF ORONO RF.SOLUTION OF THE CITY COUNCI L NO. B FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of thp month; A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1" = 200'. Drawinq to include: •• • ........ a) Lot lines platted pe ’" preliminary survey by All Metro Land Surveyors Inc, revised 12/1 ''^0. b) Dedication of “drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Designation and dedication of a public road within the subject property (extension of Wear Lane North). d) Dedication of 33' of right-of-way for Old Crystal Bay Road. e) Name plat. B. LEGAL DOCUMENTS required: a) Title opinion addressed to the Citv. All owners, mortgage holders or others with property interest indicated therein shall sig.n the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed developers agreement and letter of credit for construction of the public road. e) Signed and executed Road and Utilities Easement to be granted to the C ty over area of cul-de-sac not included in public right-of-way. Page 3 of 4 I t I" • V ■ •*< t"-''. i>S-A Jjj,- • I A \A.> f CITYI °'=i OHONO City of ORONO RE'OLUTION OF THE CITY COUNCIL NO. _ _ __ FEES TO BE PAID: Total Due $700.00 a) Park dedication fee per current schedule: $200.00/each new lot Total = $400.00 b) Final plat fee = $150.00 c) Legal review and filing fees of $150.00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 14th day of January, 1991. ^ ^ Barbara A. Peterson, Mayor ATTteST: Dorothy STATE OP ~yih.j(/Lj2j2^ allin. City Clerk NESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledgec. before me on this 14th day of January, 1991, by Barbara A. F’eterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. U. IX U Notary Public THERE3A L. NAAB NOTARV PUBUO - MlNKESOTA HENNEPIN COUNTY Page 4 of 4 .i '■ . S' /: r ,v/' . hi^^r '.V ' •■Vi ^' "' &:■:’■■,■' k-%.*A • ^ ■%, : lV -'.'■ &•■;,, fc.'*-fe/!'-' ■ ? f .'^.t ;■ *’ 'K' ir . , . r' \ I' ; :|r W'':fc ■ I) • •■*■ k' iw-' r|^.; ie *!»% k •i' • f. s 11.10 Subi. 14. Special Req l e:ri ints For Plats, A. Zoning Regulat.cns. Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time of Final Plat approva.l. Variances shall not be approved to increase the overrl’. s.. od i v is density above the minimum lot area requirements o- -he ^ ,.'r cab e zoning district and t.i-s Chapter. B, Public Irapro/eme' "'he Planning Commission may recommend that all public im.r'/ements be installed and dedicated prior to the signing of the nal Plat by the City, If the Planning Commission does not lecommend that all public improvements be installed and dedicated prior to signing of the Final Plat by th. City, -he amount of the bond shall be established by the Zoninc Administrator based upon the recommendation of the City Engineer, which bond shall be suomitted by the subdivider at the time of application for Final Plat approval. The Planning Commission shall require the subdivider to indicate on the plat all private and public improvements, which shall be required to be established or extended and any other special requirements deemed necessary by the Planning Commission in order to conform the plat to the Comprehensive Municipal Plan and this Chapter. C. Grading of Site Prior to Final Approval. Subsequent to Preliminary Plat approval by the Council, the subdivider may apply for a land alteration permit from the City and upon receipt of such permit may commence construction to the grades and elevations requirjd by plant, approved by t'..r City. D. Referral to Other Government Agencies or Jurisdictions. Following action by tr.e Council on the Preliminary Plat, the Zoning Administrator will refer the Preliminary Plat and the Council's action to other government agencies or jurisdictions for their review and action as may be appropriate prior to Council action on the Final Plat. Subd. 15, Effective Period of Preliminary Subdivision Review. Planning Commission recommendations concerning any Class I Subdivision and the Council resolution concerning any Class II and Class III Preliminary Plat shall remain effective for one /ear. Failure to file a complete Final Subdivision application within this time period shall be construed as formal withdrawal or cl.t proposed subdivision. For one year following preliminary approval, unless the subdivider and the City agree otherwise, no amendment to a comprehensive plan or official cont/ol shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required cr porn’ttod by he approved appj-ication. Thtreafter, pursuant to its regulations, the City may extend the period by agreement wich the subdivides and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical [j;. ''i. ''A 'ORON C 436 (4-1-84) l; LH- fe- - «•' :-. f; i Vf'- IC'- Itk ■it- k' ^'v"‘ .. S. . < •;i fc;- -m m' iliVAm fey :y 5^;-^ 5 11.13 and theinvestment has occurred in reasonable reliance on the subdivider will suffer substantial reauirement to submit a new activity approved application and financial damage as a consequence application. or a Subd. 16. Final Subdivisions. A Purpose. Final Subdivision review is the third ^ r./^°eviewed sJ"and conformity with the intent and requirements of -he prelimina ^ approval. B. Requirements. The subdividec furnish completed surveying, e-g i nee r i ng completed by the sebdividet. reviewed by the ^Te/k's and approved by the Council prior to the .«!ayor s and certifying approval of the Final Subdivision. C. Prerequisite. A preliminary subdivision of substantially the same proposal shall have Council within one year of the filing of any Final Subdivision application. The Zoning Administrator shall ® Subdivision application to insure suostantial • requi-ements and representations on the p-eliminary subdivision. D. Substantial Change From P-eliminary The Zoning Administrator nay refuse to ^ i^ation Council may refuse to review any Final ..ubdiv preliminary which is substantially different from the the subdivision, or which discloses possib..e misrepresen 7nnin'^ oreliminary subdivision. In the case of such a refusal, Administrator or Council may require '^^ay require proposal f^" Planning Commission reconsideration, ^ __ the^subdi'. jer to submit or resubmit any and _g infocmabion required £or 'he^ so Commission reconsideration may include a new P*;J^t,. ."orator The cfiuired by the Planning Commission or Zoning Administrate s odivider shall pay a fee equal to one-hal^ (1/2) q£ preliminary subdivision r€;view fee for required rec roiininarv any proposal occurring within one year of the origina p subdivision approval da^e. Subd. 17. Final Subdivision Application A.All Subdivisions. Complete ^inal ^ applications shax.1 include one or all determined by the Zoning Administrator: f the following to be ORONO CC 43 (4-1-84) I-fcr I A RBSOLOTION GRANTING EXTENSION OP THE EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL FOR THE 3-LOT PLAT LOCATED AT 115 OU> CRYST7VL BAY ROAD FILE NO. 1521 NHEREASf on January 14, 1991, the City Council of the City of Orono adopted Resolution #2918 granting preliminary approval of a plat proposed by applicant, Stephen Lombardozzi, involving the property located at 115 Old Crystal Bay Road; and WHEREAS* the effective period of preliminary plat approval expires one year after the adoption of Resolution #2918, such expiration date being January 14, 1992; and WHEREAS, the applicant has advised Council that he is unable to fulfill the conditions of preliminary plat approval until the issue of the option of a southern bypass for the Highway 12 improvement is resolved; and WHEREAS, the applicant has demonstrated a substantial financial commitment during the review of the preliminary subdivision application. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Orono, the effective period of preliminary plat approval for Stephen Lombardozzi's proposed 3-lot plat involving the property located at 115 Old Crystal Bay Road and as approved per the conditions of Resolution #2918 originally adopted January 14, 1991, is hereby extended to January 14, 1993. Page 1 of 2 SKV :v m. ’ ■ \ -*^; fcf' si;’<■'»»- « ’^-■i-r ■ ■ •'■■r.^'V, 'Sfev'- ■IP;: W. - ft t' r:-r U i\- fe. t:fe- ‘ -r'.: r'' ■?:i. Adopted by the City Council of the City of Orono/ Minnesota at a regular meeting held this 13th day of April, 1992. Barbara A. Peterson, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OP MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of April, 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument v/as executed on behalf of the City. Notary Public Page 2 of 2 j :>- < ‘'-'■V’S-iiA,, r toif• 'if k' ' ■;:> \t\: : • iv hi v' p* ic. fei’;'*> H .?!'■ I »- . \ Tos Chairman Kelley and Planning Commiss.lon Membefi*^ Mayor Peterson and City Council > Ron Moorse, City Administrator & % •7/. Fron: Date: Subject Jeanne A. Mabusth, Building & Zoning Administrator^^ April 7, 1992 #1532 Fullerton Properties, Inc., 225 Sixth Avenue North Approval of First Amendment to Declaration of Easement, Covenants, Conditions and Restrictions for Shadowood Plat List of Exhibits - A - Minutes of 11/12/91 Council Meeting B “ Staff's Letter to Fullerton Properties C - Declaration of Easements, Covenants, Conditions and Restrictions D - First Amendment to Declaration of Easements, Covenants, Conditions and Restrictions E - Second Amendment to Declaration of Easements, Covenants, Conditions and Restrictions F - Disposition of Outlet B G - Consent to Second Amendment to Declaration of Easements, Covenants, Conditions and Restrictions H - Legal Combination of Outlet A with Jim Cox Homestead Parcel Review of Request • At the November 12, 1991 meeting of the Council, Fullerton Properties, Inc's request to amend the covenants of the Shadowood Farm Plat was tabled until the City had received confirmation that all current property owners within the Shadowood Farm Plat concurred with the proposed amendment. Review Exhibits G and I. Jim and Leslie Hanson, the only other lot owners within the Shadowood Farm, have submitted written consent approving the amendment involving Outlot A. Review Exhibit H. Mr. Cox has completed the application for the legal combination of Outlot A with his homestead property. The covenant would release Outlot A from the special guidelines for development, maintenance of road, etc. Review Exhibit C. Th exclusion of Outlot A from these private covenants will have no impact on the City's ordinance as long as the legal combination has been completed. Staff recommends that the Mayor and City Clerk be directec to execute the amendment to the covenants that would release Outlot A from the declaration. Review Exhibit I. The shaded area of Outlot A shall be released immediately and the entire Outlot A shall be released by September 1, 1995. Mr. Franks no longer proposes a second amendment to the covenants, the amendment involving Outlot A shall be renamed First Amendment to the Covenants. An amended covenant will be prepared for the Mayor's execution at your meeting. f.r l^.r' ■ = H- 'V %■ i -f - r'A r ?•':••• - i- '=v. I’r" it. ik': Kf'>*- r Zoning Pile #1532 April 7, 1992 Page 2 Review Exhibits D and F. As already stated, Mr. Franks no longer px^oposes an amendment to the covenants involving Outlot B as originally proposed to the Council in November and has been replaced with a separate document involving disposition of Outlot B. The document remains as a simple agreement between the property owners involving the future disposition of Outlot B if the City relinquishes all interest in the underlying easements. Staff would advise that the disposition be amended to include the need for a lot line rearrangement if Outlot B is to be divided in half and combined with the property to the immediate east (the Hanson property and the property to the immediate west Lot 3, B]sck 2). There is nothing in the agreement that proposes any conflict with the intent of the City's ordinances as did the original amendment to the covenant. The City Attorney has been sent copies of the amendment involving Outlot A and the disposition of Outlot B agreement. Council may wish to question the City Attorney regarding the current request. Staff Peconmendation 1.To approve the First Amendment to the Declaration of Covenants, Conditions and Restrictions for the Shadowood Farm that would release Outlot A from the Declaration of Covenants as set forth in that Declaration and to direct the Mayor and Clerk to execute the covenants on behaif of the City. 2.To advise the developer, Fullerton Properties, Inc., that the disposition of Outlot B should be amended to include the need for a lot line rearrangment subdivision application if the City at some time in the future releases all interest in the underlying easements over Outlot B. rM' • -in,-; r-T^ mim- MINUTES OF, THE REGULAR ORONO COUNCIL MEETING - NOVEMBER 12. 1991 k : *0 V §SiM f- « - 4 7 i •-; . . •■.<.: ■ . = mS A- " ?J- M • ••'fW, g HC! =1^/- ; . ■ - ■ . vV -> . s??!oMsSrs!». ««r ro FULFILL Moorse explained this Is a ^®‘'3®cond1t1on*of°subd1vision and applicants that the City «^^^®7requ1re the City to construe, a ?encr?S p?K irespassing on private property. fence i-u pi _ H i-h iieeUnS .^nskeSiha?%re°?eqSLrSrtroteno’?hrNoven,ber 25th meeting.meecMitj. tab'e ........., •'s::i5"U ’,....... >■ »■ lull a • -- - - - fa Callahan felt that ^;«7°^;7ev1erihe®1ssCrirhe*U^nor happy :?rh“ crnc^rs^'^^cfslon"^^ Jir oted the fence would need to be higher than 3 1/2’ to do any good.nignar wn».. - iH nnt take cere of the trespassing. Goetten felt the fence would not take car _ _ _^ 4 A r>r\ in4. H thi4t It would fulfill the condition Butler noted th*^t it 'jo'j subdivision approval resolution. the SUDOlviaiwii «rr-- - - ^anrp Mabusth stated that |^®^°^3^^e^noterthat the^shared lot line need to be a asked if the property owner could staff to fulfill the °P’'9at on in the subdivision aPP'‘P''®' "!n®’of the properties. Ayes 4, nays 1.fence along the boundary line of tne p wfence aiuny - - - - . u .1^ Mayor Peterson noted she -ted nay essne felt the request should titirbeen tabled as requested by applicant. f .1 (12)?#1532 FULLERTON PROrERTIES INC. 225 SIXTH AVENUE enp PRIVATE ROAD COVENANT - ,, ..t aSf homeoISeS-I"S o?“e 3p 5S s ?ble por future road expansion - OUTLOT S’, SsnSsE OF OUTLOT A FROM COVENANTS . to represent both Mr. Franks and Mr. Cox T.J. Haislet was present to repress In tnis matter. -j 4.I.. f-h-ic 1s a request to amend Moorse explained that covanant related tn a subdivision. a private ' ^vkvi r^ 1 1 f = . >;iS' I §rI- |8’ ?;. ••’ • 1 , V^-.. : ’Si--:- MINUTES OF THE REGULAR ORONO COUNCIL MEETING - NOVEMBER 12, 199i APPLICATION #1532 - CONT. City on this matter. She explained that Outlet A was originally to be combined with Mr. Cox’s property as a condition of subdivision approval. however that process was stopped by Cox after It was submitted to the County because it would •"^ise ha value of Outlot A after the combination was approved. She noted the City Attorney should also review this request. Halslet verified that the release of Outlot A was a two-step process, all of which is to bo completed in 1995, and prohibi^-ed Cox from build<ng on any part of the outlot until released. Callahan noted that Outlot A contains the overlap of the barn on the Cox property. Mabusth recognized the unbui Idabi 1 ity of the outlot in i *-s present legal status. She noted that Cox wants to be released from the private covenants dealing with the development. ^ . Jabbour felt that the Council should not act on releasing from the covenants until approval has been gained from property owners Involved. Cox al 1 Barrett concurred with Jabbour. It wac moved by Jabbour, seconded by Goetten, Application #1532 for Fullerton Properties Inc., amendments to the private covenants for Shadowood releasing i portion of Outlot A. Ayes 5, nays 0. to table requesting Farms and (#13) #1551 ROBERT WAADE. 998 WILOHURST TRAIL - APPROVAL OF INDIVIDUAL ENTRANCE MONUMENT Robert Waade was present. - WILDHURST ESTATES Moorse explained this is a request for individual monuments within the Wildhurst Estates plat. He noted the following are issues: 1) height of proposed monument at 7 1/2 , 2) setbacks; 3) signage on the monuments. •Waade submitted to Council pictures of other monuments similar to those proposed. ilS. Butler asked if the monuments incorporated anything else such a malIbox. Waade noted they would not and perhaps only the add:ass could Incorporated within the monument. V' f S.'- L-=, ,^-r - ■.) ■* W¥hi:. ^ ‘ .^r’. m : ■■ I'i.#s W'' si-^' “ ~ v» A iWj': '"•" v;--" fByii ■ m- ^r>WWW A.. R- IKP .*• .'^'• % i' ?.•■ '--f #: ... "r '■.f»- K 'V CITY of ORONO gjSSfey November 15f 1991 Munkipci Offices Post Office Box 66 Crystal Bay, Mlnxicsoia 55323-or! Joe Franks Fullerton Properties, Inc. P.O. Box 30 Minneapolis, MH 55440-0030 RE: Amendment to Declaration of Ea^sements, Covenants, Conditions and Restrictions. Dear Joe: council tabled all action on your request P^ft?en "^^“‘"a^lon\haf,^^%Voper^Totne\^"t\tn\;“int'’eVe^ SS?-*sII“or""you h^ve'’rgreed^ tT m''etr«ith ’^:i to"d"iVc\”sVy^°ut tttS 'i°ut-ro%"s^ "•'t/te\''V:r'ti:ttn%"%ru "^rri-Vre^par^e^ t^vlte^ amendments for revisw by the City Attorney. As for the issue of Outlet A, as axready stated momo the Citv should have no problem in releasing Outlet A f«om cotttatts'^ot Shadowood plat. The H<^eowners Association or future owners of the lots within Shadowood plat have in tte control of the current and future use of Outlet A. The teal concern for the Ci v is the =“"ent status of Outloj; a as an independent substandard parcel . . ffJ ..w' a. u«SIpMsented'^your request before the council, advised |hat he woSld be meeting with Mr. Co:t and the City Aaa°a®°^discuss the valuation issue, in any event,^befo^e^the_^^^^^ consider an amendment involving Outlet , issue must be resolved. TELEPHO.VE-473-7357 e FA-X 473-)5i0 Kt#*-- M' I- ti':’v“"f‘ii *. <Ifei#' ■IS- i-' ntj.) :4 p-',;!*'- ■'"•V.- 'W., ':<:l ^^■ ^'N;^.\'-'‘"’/ V*:i« tit ’.'-'i rr fepi:. - §W Wi.m. if**, Vi.; .<V Joe Franks November 15, 1991 Page 2 I have enclosed copies of the staff memo for both you and Mr. Cox that, unfortunately, appear::- were not sent to yon prior to the meeting* Please review and get back to me with any questions you may have concerning the comments made in the memo. Sincerely ^^6lyyiy>vJL ^ ^^LdJC/u ^ ^ Jeanne A. Mabusth Building & Zoning Administrator JAM/18V Enclosure Jim Cox, 1020 Willow Drive North, Long Lake, MNcc:55356 ■.'•1 J-i. h: m ^•V '• . - '.<■> fcf . * r.‘A-.*> • ^V|..; •'1/7. ; t fc' f'Ve: ^.. k .' , ' iii'iv-- ?V’' • b* ■ kv:Br- declaration of easements, covenants, conditions and restrictions no tPMct7MmoT<? COVENANTS/ COtH/ITTONS AND«—,TC nwcTJ^RATION OF EASEMENTS/ i,^uvc.n/\nAc»/ i-Vc. relictions \\d""between ^Fullerton ‘properties. SStne A^^cl” husband and wife (collectively. -Cox'). RECITALS A. Developer owns a ^ through^ 10^'^ inclusive, Block 1, property lega^J-y Block^P, Sha^dowood Farm, according to ^h^ pLt^^'h%^^^f^n "mrind o^^a -e^Offi^ of ^ the. County “Srh'fots;’"be!np ,f°rein1??irson.eti™es .referred to as a -Lot- or the •Lots," when referring to more than one). prope?;y '’lev%'ur d«cf ibed'^Ts'^^Out^s “b "'and Far™! Lcording to the Plat COatlots B and C ). C. Outlots B and C .nd the Lo^s are subject t of that certain Contract £or D«e<J (tjie 1990. Developer, as vendee, and Lender, aa vendo^^.^ ________ and recordea on- - --—f _ - - - - ^ IQPO, as uocuiuenu -- - - - - --— S2ficrof the coun-^r^^''"^ """(the "Recorder’s Office"). eimnica title tc that certain rt.’l property legal?; Shadowood Far™, according to the Plat ("Outlet A"). E. The Lots and Ootlots A. B and C. are so™eti™c-s collectively referred to he/einafter as the "Property. • ^ A- nrTa Hor ana Cox are sometir.es ccxlectivej-y F. Develop©!. $ Le».der ana ^ referred to hereinafter as the -Declarants. G. It is now the intention ®"‘J^'®’'t®enant''^''^con^^^ an<3 submit the property to the ^^tual jenefit of the restrictions hereinafter set forth entities, of a fee IZTe lot w^'t^rth^e Property, includin.; .tontrret venLes (collectively, the -Owners ). AGREEMENTS: easements ^‘'c^ei^anL .^on^tfonT^'nfre^^ "mL :'v-r :•■ '.I V. r . ^>.1 fu < '•mW- Mi' *', 'v W liiM that this Declaration ^haU constitute pectiv: land and shall be th^ Decla^ successors ^3„a improvements thereon, together with portion of the Property ana v ai?<5ians heirs, executors,theii respective grantees, successors, assigns administrators and devisees; ARTICLE I _ SHADOWOOD FARM HOMEOWNERS ASSOCIATION; COMMON AREAS Section 1.1. *'®***?^^?*‘^^* nt^act^ seland fncluding in place Owner of any Lot (excluding r shall be a member (a •Member") thereof their contract (the -Lsociation-) . The of Shadowood Farm Homeowners or entities who hold an foregoing is intended to P performance of an obligationinterest merely as a security for .he^ pertorma^ interest in such until such time such person ^ _ i^^ lieu thereof. Membership Lot by roreclosure or by any n^t be separated “sr,=K .< .»=» - “ ”• sole qualification foi. membership. c 4.- « 1 ^ Classes of Membership. There shall be twoSection 1.2. Clas ^ho ;i«;«;nriation Developer shall beclasses of ■nembership m the Assoc t ^hall be Class A the only Class B MenJ^er and aU ^otner ^Membe^ different from Members. The noting “^hts forth in the Articles of each other and shall b ^the "Articles") just as if such p?ovis?ons Sad been fully set forth herein. section 1.3. Comon Areas. Su«ect^^to^^the^^.r^^^^^^^ of the Owners set forth herein, it s improve, maintain, insure. Association to own, ' orlv^ate ro^ad to be owned by the repair and administer (i) ? . o -nd C, and (ii) such other Association and contained in designated by the Association areas within the Property a .. foregoing being referred to for common use of all Ow’Jf” ^" Pr?or %o cLveyance by collectively as the Common Area^^^^ Developer shall, by quit Developer of the last right, title and interest in and to claim deed, convey ®aUon The Association shall accept Outlots B and ^ to the Association^ Developer whenever Developer the conveyance of Outlots ^ shall convey the same on an As-Is basis. article II ASSESSMENTS Section 2-1- Pe^^sonal Obligatj.oj^. by acceptance owned by it, hereby covenant , shall bp 'o expressed in anyof a deed therefor "Aether or not rt shall _^b 3grees to ;"ftflttVocirtirarnuar-:ises or charges, and specra, \.• ■■;;’“ r*v’; ■: ■■ ■•' "•I"' Vy--’. ‘^^^‘ iS-: i; 'V-. ■ S-^.- P ■■ • ^I ■ •«’, ■ ^■- : ■'f ■SKI'-'..'-^ir f;’ ■. ■■’ t‘ n. :# ^H,V assessments for as” he°re1.nafVe't prov'ided^^^ AnT" ssessment.- established and coxlected a . . interest costs and reasonable authorised ,A°’be a continuing lien against the Lot assessed ^ V.S iTai-h assessment/ together with interest#from the date P^y^ble. Each assessme , g personal costs and reasonable attorneys ^®fowner of such Lot on the date obligation of the P®7°due”*and payable^ Said personal obligation of said assessment P®""® to hL successors in title or interest an Owner shall not pass to unless prior to such transfer# a unless expressly %ave been filed in writing with thelien for such assessments shall have been r liability for the Recorder’s j-, j ° aue”"while he was the Owner by reason of non!usro/ the Com^oi Area or. non-use, transfer or abandonment of his Lot or the right of possession thereof. section 2.2. /““/d'^exVlusiflly*”^^^^ by the Association shall oifare of the Owners and residents ^TheHroper^^^^^a;d\^^^^^ responsibilities set forth herein. Section 2.3. Annual As"s"fc\\t“ n“(ThT%oard“) in fixed by the Board of Directors of t ^ Association (the accordance with the Articles and the ^ed arof the date of -BTlaws-) NO “ay^”^ increased by more this Declaration above the assessment for the previous year, rVian ten percent (10 ) #ic.e.fi,oni- mav be increased more than ten IfiLCEPT that the annual thirds (2/3) of the Members“rcent (10%) by a. favorable ^°te of two thirds (2/3) .® who are present in person or by proxy accordance with Section 2.5 hereof. Section 2.4. Special he^^eoff^Vh^^As^s^ociation may assessments ear ^a special assessment applicable tolevy, in any assessment year# a special that year only for the ° ^ruction#' repair or replacement the cost of any construction# r Common Area including fixtures IL * pfrli^nli VTp°e7t";"^ert"ed thereto. ^^P|®v^a®<i that^^ any such rf*“tr^M%UVs“whra%e^^^f”f"in°^per^ Ptoxy at a meeting duly called for this purpose. Section 2.5. Notice and Quorum, called for the purpose taking than^ thirty^ (30) ^days nor more than r hTprSly o^'f L^mbe?re"ftitled “to votes of each class of the membership the required quorum is not present# Written notice of any meeting any action authorized under sent to all Members not less sixty (60) days in advance of meeting# the presence in Pe^son cast two-thirds .(2/3) of the shall constitute a quorum. If another meeting may be called pf-t'/- -j •• ■■.• ■‘\>' .:- i 1^' ■'ri*' •' i r ' .A-rv '-‘i ■ *■ 'k '•d'V' •■.■■■..-• f?A • /iV' 'kk k ■'■k- * i ’n V/.. k ' I s V subject to the same notice (\^/2)"®o^the subsequent meeting shall be ons-half °t 0 «-4am 7 s Rate of Assessment. Both annual and special .ssesf“n^s"mus^be“lized°at a uniform rate for all Lots. Section 2.7. Comnencement the*®amounroV annual November 30 of each year the calendar year andassessments against each Lot for the toiro 1 g shall send written notice the Board. At the payment of annual assessments .nnual assessments it shall adopt ''?dfet ®f°oV\h“"roUoeircalenLr"year ^^^d^^^Sse a copy of such budget in reasonable detail to be furnished to each Owner. e. ® nf Pavment. Upon written demand of an Section 2.8. ®|_-ocT^ion shall furnish such Owner a Owner at any time, officer of the Association setting wre^h^r^^ Vh^r^ ^"a-r ^““luliir^ etidrn^e' or pa^T^^^ ‘any annual or special assessments not stated therein as unpaid. Section 2.9. ^itn' entl^ ^rariressment are not ^aTs after the delinquency date, it int^e^" the delinquency ^^^^/^^inuing ”iIn°L‘fa-? percent (12%) per annum and fhall become J « assessed, the of the Association on the Lot aga equity against the Association to p!r the same, including interest,person P®*^sonally obligated py action, which costs and reasonable attorneys fees tor ^^^a^^y included in any shall be added to the the Association may also anlio'reclose any lien it'has or which may erist for its benefit. section 2.10. Recording and the A°ssociation a lien for sums '^seltinr £0^^^^ ^3 3„g„„t may prepare * °amoun\ re^S unpaid, the name of assessment, the date due, me „,3r<;nn oprsonallv obligated tolie owner of the Lot, the name °£ ^he person lhaii be pay the same Association and may be recorded i" thesigned by an officer of the Associario recorded until thereRecorder's Office. “o notice of Uen shall be^re is a delinquency in °f the ass foreclosure by the such lien may enforced either by^ Pt°perty Association in the same manne^r^ foreclosing the lien in the m:Cr" p^°esc"ri°bed b" Minnesota Statutes for the foreclosure of I ■ ' .1^ •{'■ • ■■ J-,^>.1 .V ■ ' ; 4 ^ \ . V*" IIfc- i0 t*.X- w • •«. lion In anv such foreclosure, the person personally SbSed to^Wy the Hen « fSrexVense's Teirea by the l^n bein, f person%ersonaUy obU^ ^ny'’7ssfs1n.in\%" 1^31-*^ the‘’\ot "which o?Sei legal sale and to *cquUe h°ld convey, ^l-se. ^^rent, encumber, use report to any holder ofThe Association shall, upon writte | remaining unpaid for an “days aftL the same shall have become due: longer t***® ^he holder of such encumbrance first shall gJ%1^Ais.J^d to'the Association written notice of such encumbrance. government. Sale transfer or acquisition of assessment lien. However, r . m«ri-naop foreclosure or any possession of any Lot pursuant to "°t^f the lien of suchproceeding in lieu thereof, shall eating^ t assessments as to parents " . s„ch sale or transfer or transfer or acquisition f^oni liability for any acquisition of possession the lien thereof or transfer or acquisition of possession. article III land use and building type c* 4-*«« -a 1 Use of Property. No portion of the Property raVrV f?r"teU^rVr/o^ffice: Sod^l^hom^l'lnl/rfor Residential .^^-^fennit'^cou^^^^^^ and ^tt^nS^nt “structures,qaraqes, swimming poors, cenma such as pool houses and cabanas. Section 3.2. Permitted Stractutes^ ^nd^'L linger ho\"ds all Developer is no longer an Owner of ^ ^ shall be constructed, interest whatsoever in any Lot, no struc portion of Greeted, altered, placed or to remain on any P^ the Property except that on any ^ot one single family those accessory buildings /‘^^“/’^“/onstructed, erected. Committee <as hereafter defin > ^ as Developer ?l'nl“^'on"g«"“ali Own^r'^of a“ny Lot^and no longer holds any interest 1:1 'iK r • i\’-V ■ •..•,• 'tii.. V . -V ■ ’5g"' k ... i3^^- m. f, K: m-:.it l-i f ■Si; iv i..v r^V. f. f*'. >!: Whatsoever in any Lot and ter no ^ constructed, erected, ° tu„se accessory buildings n?hlfst?uc“rls%h?ch’^are architectural^ consistent with the and other struccures wnxt^n cl are approved by the then existing structures on , . - term "structure" shall Committee. As used in this De trees and landscaping, which mean and refer to any thing, . affect its general appearance, if placed upon the of limitation, any including, by way driveway, walk, fence, wall,dwelling, accessory building, -Structure- mailbox, satellite dish or fill, the volume of shall also mean and refer to *"^, 0^0^ excavatio^, fill, ditch, which exceeds five (5) cubic ® “ffectr o alUrs the diversion dam, or other thing .cross any portion of the natural flow of surface , ®P°%°,^ f^o^ of any “^waters in any property ^A^stjeam wLh, or drainage way upon or across natural or artifi ^ ^5ed in this Declaration, the term any portion of the P'^°P®„y .-j refer to any detached garage, .3-0, guesr ^use, swiping S-i;mar^^l";l^sedTn^^;nne'’ct°U !:?tra sinr-Vamiiy dwelling. section 3 3. Construction Period. The e.xteriorsecTHon j.-j» „i r>n hhp ProoertY shall be totally corapleterwiThTn nTne® months after commencement of construction. 4.' « T d Tot- Rental Buildings located on Lots within thePrope^l^^rhiriiot^rfedV^t^ ?ess\han'’°thir'ty (30) days or (ii) ®"y s°ch“'’a\"“room the building are provided ®“®'=°'"”y ® furnishing laundry, SvErti's- .;*.u with all of the provisions of this Declaration. parkinr—" line ^ISIBs tractTr''/traul^ trailers, camping vehicles, aross weight, or unlicensed or or trucks in excess of 4,000 ^ Property, including the inoperable vehicles, on any Property, shall occur, SuioSt the® exprlls prior written consent of the Convnittee. e* ^ of I>wellings. No dwelling constructed onSection 3.6. Size of Dw g 2,000 square I7et ^°r^nterfor^rpacJ°o^ tL ^.-und f loor in the cas, c. a single =tSrVgSe^^'n%^e^clsr®cVsp\\^^rtry ^o?\wo story structures. — 6 ^ J^V’5,V ••i’f1 Each - store f f I VAC' Is-' i.'. ■ '<t ' r'r s>. S '7 '■ % ■ iir^:' ?-'■ P: fc- I- ,|v.te: section 3.7. Grading, ^ activities Pf‘^'=^°^„a°^^as %or such construction and the requirements proscribed therefor by ^hej:ity or uron , (the -City-). All driveways located on the Property hard-surfaced. section 3.8 T^Pora^^ ^.VC.Sal ve“hiclls^^''t^a^rer,lent! temporary character or nature^ outbuilding may be used on I^r^or^^or^f'tr^rlp^ty^any time as a residence, either temporarily or permanently. in the Property. section 3.10. Nuisances. Prop^rty!^ no"r‘'"shaU anyiiing%r5onfthe"reorwhi'ch ma°y be, or may become an annoyance or nuisance to the neighborhood. section 3.11. Animals; ' b”r°ed'"or'kept“ of'the or poultry of cats and other household pets may beProperty, except that dogs, . -red or maintained for any kept, provided that they and%r dogs shall be kS^^the^Ownerrofany Lrat Sir^ceft S*Lrl^fannfo fou^^h^^ pets may be Kept provided they do not constitute a nuisance. c •« Satellite Dishes; Antennae- No television satellite dishes, or radio or ^®.^YiVr^°structur^^^generating windmills or other s-rlar.s^^^^^ television on any portion of the . •- ^-n clearly be demonstratedsatellite dishes may permitted xf rt can ,clear^ly^^^^^^^_^ to the Committee that no adverse et .. . maintained which Lot. No antenna of any ®*'®ll?.®terDroDer?ierunless it can is visible from the front of fse impact will ?? lliltrs.tird d^°:med\TirfV:rf,ulsitl to erection of said television satellite dish. Section 3.13. Trash Disposal. cubbish '^excef ^df iig clnstructf'or'ff^Tubdfviforfmpr^^^^^^ and dwellings. Said sfr •* ■iP!sy.; I • ti &■ iV. a-;' w 11 «/-it- hc» rllowed to accumulate and remain onconstruction debris shall not - ' garbage, or other waste shall any portion o£ the Property. Jrash, garbage, incinerators or not be kept except in 'such material shall beother equipment for storage or disposal or kept in a clean and sanitary condition. Section 3.14. Soil Remova 1. No^ sod, ^ Property, timber, shall be sold or remo ^ the construction or except for the purpose of appurtenances thereto,alteration of a residence on said premises o^r^^^P^^ or for the ®°^nPveloDer is no longer an Owner of improvements. Until such shall be removed from the Propertyany Lot, no soil and/or ‘gravel shall be^^remo^ absence of which it musfSe deTo%^°ted’a\?^^^^^^ or praces designated by Developer. to thr^^huc^vuw on^any portion^of tie pToperfy. txc^^t'^ (a) sCu conform \o'°the Iln^rd^n1nres!%°s" allld'Ld^rom or variance thereto approved by the Cicy Council of the City. .. . • • f i r-aMon entrance monuments may be (b) Subdivision ^2' entrance advertising signs installed at the entrance to the Property and mainlined until Developer no longer owns any Lots. (c) During *=he constr directional and subdivision property. Developer ^ ™ and one sign no larger than advertising signs as are necessa yj ^ Lot advertising 3 feet to 4 feet in. "Yrtd tCt multiple^ s^ and/or signs in the Lot for in size are permitted on Lots having "eufnl advertisJd for sale by the Developer or its assigns. /A\ Aft-or the initial construction and sales period, one (d) After hv 3 feet in size advertising thesign of not more than 3 feet by 3 feet in Lot for sale is permitted. . — All s6ptic s6WGr systsms Section 3.16. Septic Le constructed and maintained in and wells located on any Lot f f 1 rules and accordance with all app other governmental aithS?ities having'jurisdiction over the Pro.oerty. ARTICXE IV _ _ architectural control committee strucf^e^uVdVcapTnTo"" ol i fglTcIl lectfve ly .^Tn°Tmp"ro™t-) -8- fev-C'"';-, ■■ ■r<ik 3*:-' .V ;"t. ,v ■'5-. i^iv, %Kr ih ?.f.V. , ■ 1^ r'r PK ¥'f- P"K' : shall be constructed, altered, J’gY'^^by'^^the* Shadowoodof the property «"thout written approv^_^^b^^ Architectural Control ^ including site location ?hereo^f?^nd“ortL bu^irer who^will actually perform the proposed work. C „ a -j ComDOsition of Committee. The Committee shaM sSali®be°appointed"brDeveio^ «h^ch"," the" CoXttee shall be appointed by the Board. ^ -5 «rt«s - Duorum The Committee shall appointSection 4.3. Meeting , Q • (.^airman. The Chairman shall one member of the A quorum of the Committee shall call meetings of the Committee. (-onmittee may act upon the vote oni«rprovarand“s!:tla? !nstruments effectuating decisions of the Committee. section 4.4. Submission of ^'^seive' three before construction is ®°r>fspecifications (the (3) complete sets of "%uu% plans, exterior -Plans"), including, Y^r^J^^^drivewav plak, and landscape plan, along materials, exterior colors, „iii actually perform the proposedwith the name of the '.ho wiU ^ 3^3^ such* Plans^^shaU ^e'^^'^bmitted injaj^^^ °^55402!^°^t%e?Lr °^wfth p^^cessinTfee of$50.'o0° ' Thereafter, the Plans shall be submitted as required by the Committee. 1 nP ntiild<>r and Plans. Within thirty Section 4.5. Approval ® the name of the builder, and the (30) days of receipt of the Plans, party submitting the processing fee, ^^^^iggpp^oval The^ Committee may disapprove a same of its in its sole discretion, that builder if the Committee , .i-andards The Committee such builder does not -®t^-=h® ?be intended ?S^rovemlStT?re 'not Tu^^fble for the Property or for one or more of but not limited to, the following reasons: (a) noncompliance with the Declaration; sdni0 Q0n0r3l sxz0r ^ ^ 1^^ PrnD^rtvrthe dwellings built or to be buiU un the Prop- y. (C) failure of a J„ttible'°tof he"'dwl?lingsoriented on its Lot in a manner compatible ilff •»f.>f... I ■ te-.. 0-''- itH;;' • il' ■ pi.. ht ,r k:'. t-. ■irr :■. : !<■ < V built or to be built upon adjoining Lots and in a manner compatible with the terrain of the Lot; failure of a fence to be compatible with improvements on adjoining Lots, and with the character of ^he subdrvrston as a whole, in terms of height, location, design, materials and/or obstruction of views; and (e) failure of the Plans to show all information necessary to evaluate he foregoing characteristics. section 4.6. Conaaittee-s Determination Final. The Committee's determinations concerning ‘he Plans “hail" state in «itinr*ht^*r\”s'o°n®for tuc^ disapproval and, in the case of the PlaL, the deficiencies which must be cured to ootain approval. section 4.7. Committee's Remedies. If impro^ment is no\ -rrdance iith°|r9£ved;Pians.^ ^ ^0?!^ an^d com^ertV sicr°a7tTo"n sh°ai?"be''colenceTlnd "a S^tefthe date'’Tn"whictihe'^Certmcate of Occupancy th^ appropriate municipal authority. If the "°"-®PP‘i°.'?^„ actioS shall be commenced and a Notice of Lis Pendens =hall be fried within 90 d^s after the plaintiff in the actron drscovers or learns of the Improvement. e,.,.e{nn 4 a Record of Plans and Actions. The Committee shall retain fa PlakV submTtttd to it, and a record of all actions tahen with regard to them. . AO i7a-iiiirf> to Act; Remedy of Owners. In the event r/ect - o™^fgrtloL^ -der-ri^^!l !v “f thrs oVclarttiorthen any ‘^“"Vt"iorshair be^^hethe discharge of ?aid obligations. Such an ^actr^on^shall^ IS^^rsTberrorthV co-irtre^nan not oWrw^ - any person for damages (direct, consequential, or otherwise^. ARTICXE V STRUCTURE LOCATION The Committee may require a structure minimum from the side lot lines ^nd/or front ^^t ^me than the_^^^ building setback requirements •li- V . y - 1^ • . r.-^ ■ pv p& ^ s--' ■ <- t> !ft. l^r--i 1? ■ - ir- t-. ft Ir^r^ri'.^ tLiV.-.'r^V:?. ^ j.s :i.:v'> ■ ^0^'-r^v>;# n'i'- r’- Mf'JSSjj > M?*! . ^ ■■•;•- , , : . P' &k 5!2.s- *s?;;Sn r.Vi.ss"" .sr .s =vr. iS: •Flowage Land") as follows: fV r- . hv'.v^i r-T*' Rv V Improvement inoLsistent with the natural state of the Flowage Land; (b) No trees, shrubs or other vegetation destroyed, cut or removed from the Flowage Land authorized by written consent of the City; shall except be as (c) No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from ^l%nr::X^e-^trev ‘l^;ran|^ Flowage Land without the written consent of the City; as lill'dfiri Ih^li b%-^lac\r1umped°‘o'i^Urrirrprn;the™llip^ Land and no waste, trash or garbage shall be placed, dumped or stored upon the Flowage Land; (e) No use shall be made of the Flowage Land except uses, if any, wnich will not change or alter the natural condition o the Flowage Land, and no use which would tend to drLnage, ^flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the Flowage Land or the water situated thereon. (f) The City may enter upon the Flowage Land for the purposL of inspection and enforcement the covenants contained herein and to cause to be removed from Land, without any liability, any substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Flowage Land, (g) The Declarants hereby grant, ^"5 convey to the City, a perpetual flowage ^^sement and right a privilege to trespass with water over and upon any or all of the Flowage Land; (h) The Declarants herein do hereby acquit and forever discharge the City and any <jeinanL officers and employees of and from any and all claims, demands -12- 1 within terms of these agreements;(i) In addition to any other remedy the City may have, the covenants and restrictions contained herein may be enforced by injunction; (j) The Declarants do not intend that the public should have any interest in the Flowage Land by virtue of this Declaration or otherwise, except as hereinabove set forth, and (k) The Declarants herein certify that the Fl<^wage Land is free and clear of all encumbrances, except as set forth herein or in Exhibit -A" attached her-jto. Section 6.4. Private Road Easement. The Declarants hereby create a non-exclusive private road easement for and egress purposes over and across the Road Area for the mutual benefit of ail Lots. The Declarants hereby covenant and agree, on behalf of themselves and their heirs, successors and assigns, as Owners of Lots, as follows: (a) That the Owners do hereby acknowledge the existence of said private road easement over the Road Area and the existence of the private road, which is not a publicly dedicated roadway, and that the City has no obligation to maintain or service said private road, and that the City does not intend to acquire or open said private road as a public roadway. (b) That the Owners will and do hereby assume and agree to pay a proportionate share (as set forth herein) by payment o assessments to the Association of the costs of maintaining, repairing and replacing, if necessary, the private road o e said Road Area to at least a standard of quality equal to the private road as it was approved by the City as part of the subdivision of the adjoining Lots, and as may be required from time to time by the ordinances of the City in regard to private roads. (c) The Association shall be responsible for maintaining, repairing and replacing said private road and shall assess all charges incurred in connection therewith in accordance ^^th Article II hereof. In the event that the Association shall fail to maintain, repair or replace the private provided for herein, it is agreed by all parties that the City may undertake to maintain, repair and replace . will as provided for herein, and that such actions by the City will not^result in the private road’s becoming a public roadway, and ?hatTach of the Owners will pay to the City the proportxouate cost incurred by the City within thirty ”0) receipt of such charges, or else such charge shall become a -13- « • .Tn^‘'' >j#;’-.'-' ' *I'sf*• J » I" V- .>■' J. Uen. upon each Lot at the proport^on^^a^^^^^ i^Vcc'ordanceTith the special assessment powers available to iL ?i°v under State law. Said proportionate share is to be ^ttur^ Um^t^tTo^^^^Thr^ cos^^ot cLanfng, snow r^adfan^tkareach OwniJ sh^n'^beLme Uabli for said proportionate share from and after the date of this Agreement. rd) Each of the Owners of a Lot hereby covenants with each of , owners of all of^^the „^,°^=ket\1r "o" shall bf'so°''exp°relsed in such conveyance, shall be and '^T®‘^th%''hr"sha\r'pay "promptTy w”he®n"due his proportionate Lots, described in the preceding subsection. The such Lot at the time wneu ^ onrrpssors in title unless obligation shall not pass to his Iwe r^ty ^Peoi^lly assesses expressly assumed by them or unless the City specially such Lot. (e) The private road shall ®*^'^Exc^t^" a^^''°herein with the easements granted therefor. fl_c*^uharpver with ?H°""‘^®hks"lnd"privUeges of'VtTer Owners in the private road and no\h\ng sha^l be Planted. . altered,^^ constructed jpon^^^ J?X®e thirsubsIctfoT the «ma\ning Owners ahall have the IT -V^^est^rlti’kn %^!ai^n “r th%°"1^‘=ner" ^h^ a?®®*® subsection and such assessment shall become dueViolates this suDsection anu o remaining Owners. and payable upon the demand "^Thall have theAll of the -^aa'aiui"^ <^ners^.^^or^any^of^^ ^ legal p?oce'’^dfng for that Pup°®^“'^^gl/Jh^ usV®lf “the connection therewith. or eme’-gency vehicle over or --ss^^'tafrpTva?^ r£€;fn ‘tr\ho ESrTo"\h^e° memhe?r''o\“hi7^famUy";nd his guests and to his invitees. 1 -14- ■X' .f V-M V. t'; i' ■ ■r. K '■"s !'■ .i."' tit--r?ik rr.' -; fcS’' %';pv. •■ -. ,.1.:* ■ tiy::mx- ■ f ,: R' ft: [, rV\ ' li- ■\ , ARTICLE VII GENERAL PROVISIONS section 7.1. Duration of Provisions. The easements^ covenants, conditions, and ■restrictions set forth - rnli^o^^^a-nd fhUl trMn”d^n^, oTaii^o? ^ Hr the land so rpeciSly seV f^rth" here" all of the provisions of this Declaration shall remain in full fo and effect in perpetuity. Section 7-2. Provisions Separable. dpr ^snal l^notmore of the provisions hereof by judgment or court order shall no ^fect any of the other provisions, which shall remain in full force and effect until the date of expiration. Section 7.3. Governing Law. The provisions governed in accordance with and construed under the laws of the State of Minnesota. ... ,%V” pr.;s-» easements, restrictions, conditions and covenants now oi hereafter imposed by the provisions of this Declaration. Section 7.5. Amendment. This Declaration may only be amended by a "written instrument signed by Developer and all Owners of the Property/ provided that Developer need not consent ^4>nf Ownerof at least one Lot, except in the case of Article VI hereof, where the -onsent of the City shall also be required. Secti - 7.6. Counterparts, in counterparts. This Declaration may be executed Section 7.7. Contract For Deed- In che fails to fulfill any of its obligations under the Contract following the expiration of any applicable grace or cure period and the Contract For Deed is terminated by Lender in accordance with the provisions of Minnesota Statutes Section 559.21, upon ° such termination in accordance with the provisions of said lectio , Lender shall succeed to the rights afforded to ^evelcoec under th s Declaration as to those Lots or other portions por respect to which Developer's interest therein under the Contract Deed is extinguished pursuant to said termination. -15- 1 IN WITNESS respective hands WHEREOF, the parties hereto have hereunto set as of the day and year first above written. their "DEVELOPER FULLERTON PROPERTIES, INC., a Minnesota corporatia ^0' ■' -LENDER U.- K;ifK«; ■ ■ ’%7. cox BROTHERS FARM, a Minnesota general partnership y^James A. Cox ^ Its General Partner -cox * ’-jt » • •, k- ■ bernadine a. cox . '^^■ ‘V.' H- DREAL35 082490 i'-16- W:-g..,; . ^ " ■, r STATE OF MINNESOTA ) ) ss. ) The day of . MiLes^a colocation, on behaU of said 10^ Properties, Inc., corporation. (^If) i i', /m. Notary Public ip>.5. Vi*:)?STATE OF MINNESOTA COUNTY OF ) ) ss ) HENNEPIN COUN fY " iS5S^ vj-' Th^fotegoing instrument was B?oth°erl^F^; a^^MiAnei^ota^^glneral partnership, on behalf of said general partnership. ^ / / 7/^ f'lUx 10 hM. - It,'. fe- .rip Notary Public (?■: • .I- ■ - STATE OF MINNESOTA COUNTY OF l-k/V»Kvfl.^/l *<• ■■m: ) ) ss ) The,£?re^oing instrument was^achnowle^^^^^^^^ me this t and wi day of by”e\ a". Cox and Bernadine A. Cox, husband : $P" ’^-K" ■ >r Notary Public this instrument was drafted BY: ^;-s Pophara, Haik, Schnobrich & Kaufman, Ltd. 3300 Piper Jaffray Building Minneapolis, Minnesota S5402 (612) 333-4800 LJR -17- k~ fttav? . f' U ■■■te.?' 010 -•V* V• •: •>- I’lsiV' v- ;: - ■ r.. V W^' w. iy|r;-;v ~ -V iv >.7 1. 2 . w>- E3HIBIT "A encumbrances « fr^T h-iahwav in favor of Hennepin County, includingEasement for high^way Auoust 12 1954 as Documentbillboard restrictions, filed on August i^. No. 2890650. 3. £iled%n Apriri° 1983°as DocuL^rNo ”47/2®3^V Rights of Hennepin County in that northerly of the southerly right of shown on Highway Plat 5 Document No. filed as Document No. 4782351. part of premises lying way line of CSAH #6 as 3844152 pursuant to deed A'fe'- EXHIBIT "B LEGAL DESCRIPTION (FLOWAGE LAND) The "Drainage Easement" as identified and depicted on the Plat. i; .-s 2?‘ I . f: I FIRST AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS 0 r >\ r I ft: 1^' ii .4•- •* S', ■■ i: k. E ■ ■ /I sV.-r'' ! ip py'- f' I', ¥'r fr-' r w THIS FIRST AMENDMENT TO DECLARATION OF EASEMENTS, COVENJVNTS, CONDITIONS AND RESTRICTIONS (the "Amendment") is made an entered into as of the 1st day of October, 1991, by and between Fullerton Properties, Inc., a Minnesota corporation ("Developer"), Cox Brothers Farm, a Minnesota general partnership ("Lender"), and James A. Cox and Bernadine A. Cox, husband and wife (collectively, "Cox"). RECITALS A. The parties hereto entered into that certain Declaration of Easements, Covenants, Conditions and Restrictions dated as of October 9, 1990 filed for record in the Office of the County Recorder in and for Hennepin County, Minnesota on October 17, 199C as Document No. 5713561 (the "Declaration") (all capitaUzed terms utilized herein and not separately defined herein shall have the meanings ascribed to them in the Declaration). B. The parties hereto desire to amend the Declaration. AGREEMENTS For good, fair and vr.luable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the foregoing Recitals, the parties hereto hereby agree as follows: 1. With respect to Section 1.3(i) of the Declaration, reference to Outlot B therein is hereby deleted and Association shall have no obligation to construct, manage, improve, maintain, insure, repair or administer the private road, if any, on said Outlot B. 2. This Amendment may be executed in counterparts. 3. Except as hereby amended, the Declaration shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands as of the day and year first above written. "DEVELOPER" FULLERTON PROPERTIES, INC., a Minnesota corporation LENDER COX BROTHERS FARM, a Minnesota general partnership COX" & ' BERNADINE A. COX "< ■ ' STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) i-.VjiV ' .’••Vi'' , > . ./-i "V.. The^foregoing instrument was acknowledged before me_this /v day of r , 1991, by c-j ks , the /.4i^ fJr.,'/; of Fullerton Properties, Inc., a Minnesota corporation, jon behalf of said corporation. ■ mmi Ht^WCOUWfY W3 ^ ^ ii r Lu ary public 'i/' STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The_ fpr^going instrumeijit was acknowledged before me this J_i (tcM. a general partner Cox Brothers Farm, a Minne^ta general partnership, on behalf of day of 1991, by^^tl±£a general partner of said general partnership. V:- • rdip IMMyAMaHimMaati piiOMMtr Cipirait2 ’3« 7i. f' '-V__ N^ary Public ' fi n V jx—^ t -2- ^0^ ■■ h t)r- f\r •>mmrm !.C\ p--'" S":' i¥> mp^ i|iS.' .A;,-;■,,,. li'Fr' '■’r " F. A ^ py' hi>‘^ ;V r”i^-'. I'- 0 0- •V i-r .'I. f life STATE OF MINNESOTA) ) ss . COUNTY OF HENNEPIN) day of The^^foregoing instrument was acknowledged before me this CjciA^a.^ . 1991/ by James A. Cox and Bernadine A. Cox, J/ husband and wife. m lilttlfll 1 /r Notahy Public CONSENT The undersigned hereby consents to the foregoing Amendment. Dated: October 1, 1991.CITY OF ORONO, MINNESOTA, a Minnesota municipal corporation Its STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of _ _ _ _ _ _/ 1991/ by . the of the City of Orono, Minnesota# a Minnesota municipal corporation# on behalf of said municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Popham# Haik# Schnobrich & Kaufman# Ltd. 3300 Piper Jaffray Tower 222 South Ninth Street Minneapolis, Minnesota 55402 (612) 333-4800 1422LJR/1-3 - 3 - ,|rA- r Ct- 4 %: 'f .■ . m. &: S'I' |is"^m. Is.ft I'V m § % I I'-4>- SECOND AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS THIS SECOND AMENDMENT TO DECLARATION OF EASEMENTS, COVl^NANTS, CONDITIONS AND RESTRICTIONS (the ■Amendment") is made an entered into as of the 15th day of October, 1991, by and between Fullerton Properties, Inc., a Minnesota corporation ("Developer"), Cox Brothers Farm, a Minnesota general partnership ("Lender"), and James A. Cox and Bernadine A. Cox, husband and wife (collectively, -Cox"). RECITALS A. The parties hereto entered into tnat certain Declaration of Easements, Covenants, Conditions and Restrictions dated as of October 9, 1990 filed for record in the Office of the County Recorder in and for Hennepin County, Minnesota (the "Recorder") on October 17, 1990 as Document No. 5713561, as amended by that certain First Amendment to Declaration of Easements, Covenants, Conditions and Restrictions dated as October 1, 1991 and filed for record with the Recorder on , 1991 as Document No.(collectively, the "Declaration") (all capitalized terms utilized herein and not separately defined herein shall have the meanings ascribed to them in the Declaration). B. The parties hereto desire to amend the Declaration. AGREEMENTS For good, fair and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the foregoing Recitals, the parties hereto hereby agree as follows: 1. That portion of Outlot A legally described on Exhibit ”1" attached hereto shall be and hereby is released from the Declaration. 2. Sections 3.6 and 3.7 of the Declaration shall not apply to Outlot A. 3. On September 1, 1995, the Declaration shall not apply to Outlot A. 4. This Amendment may be executed in counterparts 5. Except as hereby amended, the Declaration shall remain unmodified and in full force and effect. ’■r rr ; b K" 6t..;'< \'> i : -V' :•^f/ 1^"•;,‘v..' r- v?^; if m ivy •'F i- f "::J‘ U rmy ^ ‘ -1 ^ . :;y •W-, IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands as of the day and year first above written. DE/ELOPER FULLERTON PROPERTIES, INC., a Minnesota corporation By _ _ _ __Tti 7/ "LENDER COX BROTHERS FARM, a Minnesota general partnership COX l»£RNADINE a. cox STATE OF MINNESOTA) ) SS . COUNTY OF HENNEPIN) The„ foregoing instrumen^was acknowledged before me ,-jthis _Z^j^ day of . 1991, by UJ- the l/’C^ of Fullerton Properties, Inc., a Minnesota corporation*' on ^half of said corporation. . '- - -- - - - -y. .,-1 I Ut/ y Notary Riiblic -2- '■■i ’ :v-:\ STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) Th^f Qrfigoing instrument was yackriowledged before me this ^ ^ day of . 1991, o CC a general partner of Cox Brothers Farm, a Minng^ta general partnership, on behalf of said general partnership. aiiULER HMmptaCMMtr Qpwili^i bflm U4’9S STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The ^egoing instrument was acknowledged before me this day of jLjCJ=uh^f // 1991, by James A. Cox and Bernadine A. Cox, husband and wife. Notary Public CONSENT The undersigned hereby consents to the foregoing Amendment. Dated: October 15, 1991.CITY OF ORONO, MINNESOTA, a Minnesota municipal corporation Its STATE OF MINNESOTA) ) SS . COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of_ _ _ _ _ _, 1991, by . the _ _ _ _ of the City of Orono, Minnesota, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public -3- N • I?-' i;.. , THIS IHSTRUMENT WAS DRAFTED BY: Popham, Haik, Schnobrich & Kaufman, Ltd. 3300 Piper Jaffray Tower 222 South Ninth Street r?'- r|:t IV ir^V' JUi. ^‘>- t . • r - • I ■‘V:. -V.-'! ■■ - 0i'-- m m- ^: v;-. t;-.: .* ’ • ■-y it'. ? A . , * - * / y:---^‘; ‘ #"■ lr?0te' i ' EXHIBIT That part of Outlet A, SHADOWOOD FARM, which lies southerly of a line drawn parallel with and distiant 299.00 feet north of the most southerly line of said Outlot A, and its extensions. 1406LJR/8 i. ?•- . ;, • • • ^ . • • % • ■• • • '• > r I• ,* - , L V iV- - r *• %ir «• L •>...- HO V --^1 pr « X t ;2 • 5 U W T n K *• 4® HI n I f-t > W * »* • .f" .J • • •« . • ** ■ *.. ,^ • » *■ * •■• • • ;, ••.. - * • •• '/VW;! ,vf * ** • ■* “ *. * ^ ■ *• ta • ■/•••V.--- V-’. ■•'- .•V : ••.•<*Vire<.“--..»,*''-- 'v . j'• . . ► v/vr]rv*‘*’ ''-r A.tv '•*'•...-*■■.. ’• «'* • ^4 • • •• .•;v- ’ •• ■ *^r:. ‘*.** r'*.'* • » 0 m \ • " • » . • . •W.w. V*• ^ ( DI8P08IT10H OF OUTIXJT B » for good 8nd valuabld consideration, the receipt eM eufflcieney ot which le hereby.aoknowledged, J08BPB B. FB.NHKB, Vioe- Pte.ld.nt of Fullerton ftopertlee. Xno., the preeent ownet Of the vendee*, interest in that certain reel property legelly detorlbed mf outlet B, shadowood Para (''Developer'), and JM!E8 P. HANSOM# one of the purchseere of Lot 10, Block i, shadowood Pam ('Wcheeer')# A hereby agree ae followei 1. .<• in the event that the city of OronO >?•!••••• •4>!ki-iiiinatae its eaeenent for acceee over eaid ^tlot B to . iSi*ieei orooerty lying eouth of the Plat of fihadotfood iB SI fStirerDlSelopIr Ihlll tran.fer (or ehell oauee to be “InSiaSti) «»n.rShlp ot ..W Outiot > » toUwoi ** conterline of said' outiot B to the then owner of lot 10/blook I, Shadowood rara, upon the owner with any coete involved in such tranafev to be paid by eaid owner. b. Tb® part thereof lyin^ woi\; of tho ^ .oantSrline of eaid Outiot B to the then ^ner of I^t j. Block 2, Shadowood Para, upon the ragueet of eaid owner with any ooata involved in ouch trai^efer to be paid by said owner. Prior to the aale of any Lota free the Plat of Shadowood Fern (other than Lot 10, Block I, Shadowo^ Farm, which io Bfegently being purohaead by Purohaeer)# Developer and Purchaser, aha11 amend the Declaration of .Covenanta, Conditiona and Raatriotions dated Ooto^r 9# 1990 in oonnaotion with the Pxat of Shadowood to the axtant nacaaaary to accoapllah the foregoing. 2. Datadi Dated: ///n / /////_f hanaon. die e- ^■‘- . J;WCc.|r/«• ••/*•••*•!• • *••: I -. • . ■•• • • • ♦ *•■•«, *a ‘ 'jr»T‘ * ’ • .. -.v?:Na ••r;... -- . • .• • ■ A. . . . .^ f « ‘ / V-./V ' ^ ..••v'V*;'?*.. '^'•'••* Vk-**- •'1^- : ^■;::v'r.^>:-AT../,-.vv,:; ' <••''*'"*v •■'• '■• '••■'•■• 1 - ‘"-.a-fKfV COnSKltT to SE^!OMn WOrDMCHT TO DKCUlHATiCf? or lt\^iJMfcX<TS, COVrNAMTa. CXJUUlXlOWS A»o k£3TllCTT0W0 Th*i uAdtrilyn%#J «(« th« owHiico of thot cwc\.ain t*A%l pcop^cty loflAtid In Htnnepln rnnnty. JUnntootl ar.3 l§9tlly 5«icrlbcci 00 tot 10» BlucW 1, Shwdowood T%tm, 00 JvifOby conif^nt to the BoconO Ainondsiont To DocliroUon of COier.onti# Covonintt, Condltlono tnd Foatrig^ion*, i copy of whlcn li octachyd UoratO if SxMoit *A*. Uitedi MovMiiitoc iL.1B91 Loal^O Ann Honuyu 6AKI234(2) .O^Wlot A. Thii Anondftink may^b^MA^t ntorporta St Cxoopt if h«r«by .«r»odlfii0 and In full fui t!i« O^clBratJ'^n a n*4 viCCnoLi romiin I .M :■■• !'<.; v' ? ■■ - r - ?l. te- H!.. ■1'^'' ■- ^1^: #.*r; '•;■ kti*'-.'. ' a Sb-yiyv . *. :Vr-1**‘ ' ’ ‘V5- -, ’t??. •‘y-,-. ■ ■i¥ f5S>-- h •>Fk I. r' h- P' s.: W^c- M-'^' wll^ To:Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator April 3, 1992 Jeanne A. Mabusth, Building & Zoning Admii^st;rator 9, v> #1700 Dale McCurdy, 4041 North Shore Drive‘s Variance ^ ^s ^ % Pertinent Ordinance 9 Prom: Date: Subject 5> Section 10.22, Subdivision 2 - Hardcover excess exists within 75-250' setback area where additional structural hardcover is proposed. No increase in hardcover will result with this proposed construction. Current Hardcx>ver Review Applicant submitted a revised survey and updated hardcover inventory on March 31, 1992. Existing hardcover within setback zones is as follows: 0-75* setback area = 7,600 s.f. Allowed = 0 Existing *= 1,022 s.f. or 13.45% (In 1986 revxew, staff reported no hardcover within the 0-75' setback area.) 75-250' setback area = 18,110 s.f. Allowed ** 4,528 s.f. or 25% Existing = 6,990 s.f. or 38.6% (1986 staff Inventory reported at 5.-907 s.f. or 28.6%.) hardcover List of Exhibits A B C D Staff Memo 11/14/91 Council Action Notice 2/14/92 Hardcover Inventory Current Survey Dated 3/11/92 Status of Application At the February 10th meeting of the Council, members voted to deny Mr. McCurdy's request for Council to act on the current application without an updated survev. McCurdy was further advised that Council would allow 60 d lys for him to submit an updated survey in order to complete the variance and building permit review (April 10, 1992). McCurdy submitted to the City an updated survey and hardcover inventory on March 31, 1992. The application has been rescheduled for further action by the Council. ;>n^v:.' -V%:^ , feWk. m.. IS' feir' •. .*». "• (% ,i»i\\f >■'' $(0- «i;!‘*-v: I.,- . Zoning File #1700 April 3, 1992 Page 2 Review of Application Mr. McCurdy seeks approval for the construction of a second * M ^ a ___ .A. Story 18' deck to the street side of his residence to be placed over an existing patio resulting in 119 s.f. of additional structural hardcover. Mr. McCurdy completed the removal of some 250 s.f. of excessive hardcover in the 1986 review. It was determined in that earlier review that the excess of paved areas on the property was needed to provide safe access from the site based on the topography and the location of the access onto County road. Options of Action To submit the new information for further review by Planning Commission at their April 20th meeting. OR To act on the current information and direct staff to draft an appropriate resolution for action at Council's April 27th meeting. Isv >r-1 U-rr !: I iti fe- A fe'pf- iA,C wM K* m pM;.-m:- i|#-' . •. ■ • • Tot Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Moorse Proa:Jeanne A. Mabusth, Building & Zoning Administrator Date: Subject: November 14, 1991 #1700 Dale McCurdy, 4041 North Shore Drive Variance - Public Hearing Pertinent Ordinances Section 10.22, Subdivision 2> - Hardcover excess exists within 75-250* setback area. Hardcover variance approved December 8, 1986 (Resolution #2102), Exhibit J for a detached garage. Hardcover facts were developed by staff for that review. They were as follows: 75-250* setback area = 20,625 s.f. Existing hardcover = 5,907 s.f. or 28.6%* •Refer to Exhibits 1(1) & (2). Applicant has submitted the same hardcover facts developed by staff in 1986. Current application proposes = 119 s.f. of structural hardcover to be installed over existing hardcover (patio). No net increase in hardcover. Section 10.03, Subdivision 14(c) - Lot coverage allowed = 3,094 s.f. or 15% Existing = 2,180 s.f. or 10.5% Proposed = 2,299 s.f. or 11.4% No lot coverage variance required. List of Exhibits Exhibit A Exhibit A(l) Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit 1(1) Exhibit 1(2) Exhibit J Exhibit K Exhibit L Exhibit M Exhibit N Application Applicant's Addendum Property Owners List Plat Map Survey Adjacent Property Owners Acknowledgment Form Survey for Addition 1976 Average Lakeshore Setback Line Sewer As Built Hardcover Fact Sheet Prepared by Staff for *86 Application Applicants Hardcover Fact Sheet Resolution #2102 Building Permit #6318/4-6-87 Building Permit Application 1091 Floor Plan for Deck Addition 10-17-91 Sketch-North/Street Elevation is (If Zoning File #1700 November 14, 1991 Page 2 iit Description of Rcsquest mVA:- 1?-^' Applicant seeks approval of a 7*xl8’ second story deck to be installed to the north or street side of the existing residence. The deck will be located over an existing patio resulting in no net Increase of hardcover. Improvement will result in a 119 s.f. of additional structural hardcover on the property. Lot coverage with the proposed deck will be at 11.4%. w M-r l:» - ■ ■g'-.'y?,,..' fe W&M•W’" # f hL- ■' •: L fe U- i'-M. AM?' W' B a - ■ i*'-.H- ■ -! ■•' ■ t • .'x ’Afl* el" fV" v^U.m. M V;.: '■'* • mv: Review Exhibit F. Applicant claimed that the deck was originally proposed at the time of the construction of the addition to the west side of the residence in 1976. The patio doors were proposed at the second story level. Staff can find no record of the original plans that would show the proposed second story deck. Applicant has been asked to provide a copy of the those plans for our review. Applicant commenced construction of the second story deck believing that the deck was already covered in the 1976 building permit. Applicant was asked to stop construction and to file for the necessary building permit. Tn reviewing the existing property and the hardcover facts submitted for Lhe 19o6 review, staff has noted errors in those original calculations involving the 0-75' setback area. In addition, the current hardcover facts do not reflect the driveway in its current configuration that were installed at the time of the construction of the detached garage. Staff has asked that Mr. McCurdy provide updated survey and hardcover facts for the current review. Mr. McCurdy has advised that the updated survey and hardcover review will cost more than the second story deck. Review Exhibit A-1. Applicant has filed the application submitting the former hardcover facts asking for special consideration as the proposed improvements will not result in an increase in hardcover within the 75-250* setback area. If it is the intention of the Planning Commission to recommend approval of the application that results in 119 s.f. of additional structural hardcover, your options are as follows: A.To recommend approval of second story deck addition and to advise applicant that if other improvements are proposed at some future date, applicant will be responsible for providing an updated survey and hardcover inventory for the property. /r ■•i Zoning File #1700 November 14, 1991 3 ':y Page B.To recommend approval of the deck addition only upon receipt of an updated survey and hardcover inventory. In the original 1986 variance application, the approval was conditioned upon applicant providing an access and utilit easement over the sewer lines that intersect the property. O A ev 4 1?vV%4V^44*sb a n /4 W A 4c QS)C0d tO 3dVXS0 xf 3H 1 4. VCiBCSIlldiU W V Vlica U .i. 11 u j. Review Exhibits G and H. Applicant is aske executed access and utility easement has ever •hv ffvr rAnnrdlncf. Staff can confirm tthe City for recording. Staff can confirm the rerti s.f. of landscape hardcover along west side of house. b< an submitt'' i to removal of 250 Hardship Statement Please view Exhibit A ■1 m. •1 4/.J ' ■•i W- lifev. llffe IS '1 my ■.u : -■■V ^ ’ mm > ) II11 [iKm] r#jiii« r«M«] \^^^^] •T9Wi] [•yes] mhr"-m APPLICATION NO. 1700 CTTY OF ORONO I F.O. Box 66 I Crystal Bay, MN NOTICE OF COUNCIL ACTION 55323 473-7357 Date of Noti'"e: 2/14/92 f’ / TO* Dale McCurdy 4041 North Shore Drive ?i>- -i-'r Mound, MN 55364 TYPE OP APPLICATION: After-the-Fact Variance DATE OF MEETING: February 10, 1992 VOTE: 4 For 0 Against - INCIL ACTION - MOTION: Council voted to deny your request to not provide an ’ ‘jdjted survey for the proposed construction of a second story deck to the street side of your residence. Council further advised that they would allow you sixty days to submit an updated survey to complete the variance and building permit review (April 10, 1992). If you have failed to provide an updated survey by the deadline, staff has been directed to proceed with whatever appropriate legal action is necessary to require the removal of the pajftially constructed deck and to provide a safety barrier for the second Story patio doors. Please contact my office if you have any questions pertaining to the directives of the Council. Tom Barrett, City Attorney Lyle Oman, Building Official Bruce Vang, Field Inspector 'sUs'" U^i'y -' Ik ■ m'k' mk::t0m^- «■• ■ 'fjK'fc ,. riS%':-< A:»'- tm:.- ‘^:'v>"' ■ ai:;:;.i'K '. U-¥t 5^^-' #S" mm ■§m-- p- /^o CCii^o T HARDCOVER CALCULATION WORKSHEET SETBACK zone: (CIRCLE ONE) C£zl^ 75-250' 250-500' 500-1000' E xisting Hardcover in Zone . ■ House V2. s.p. LENGTH WIDTH Ciyoap m^s V//i? s. Garage c. &RVTvnk 'f /y. V /y /7<fC< X D.. S idewalk _2 ^ o /o . X 2 0 ^ATIO/ 3cCK X ZS ( G. Other Total Hardcover in Zone Total Property A rea in ZofiE S. F. S.F. S.F. S.F. S.F. 2 0 2^ S.F. 2 O 6 S.F. S.F, S.F. S.F. S.F. tT.F.Landscape X ........—S • F1 t' /* REAS underlain 3Y ■ ,X _ .S.F. plastic- ■ ■ ■ —« • SHEETING • n X S.F. /( f t4Ca^4lC3 X S.F. S.F. /02Z i s.P. ~7^oo y S.F. /02Z.<OC>X 100 //. ‘if % //a ^oci< 4^^*^ /^CCC4^^{) • . . « #«<• 9 • W* 3 ’-.^ ^ .a 5 f'i’Up* W-m PI;;: m f^T- V" . '$V:I :.C:5fe: » if QUfiOYHARDCOVER CALCULATION .-.ORKSHEET SETBACK zone: (CIRCLE ONE) 0-75' (75~25oE^ 250-500' SOO-ICOO' Existing Hardcover in Zone A. House 26.7 LENGTH S'. *? 12. ^ //. y &• Garage • • ir* • c. Driveway fATiO OloC k D. Sidewalk_ _ _?g E.^ATIO/Deck /p^cA: C0iJC. F.Landscape AREAS UNDERLAIN BY , _ PLASTIC" ■ sheeting r/^s g. Other X X X X X yy. 2 ('-wj= • ^7/./ WIDTH 7 . I /7. O 6. 7 /. 5 Z7. 6 2V. <r > 3?.^ 22?. 2 X /y.2 (-5) = y^9o 2. €? ? 25/ /J2 2 ^<P s. S. F. /y7.7 s.F S.F. S.F. 7^?5 2.^2 s.F. S . F I r , c r: w • I o . r s.F. S.F. S.F. s.F. S.F. 2 7 O s.F. S.F. i'oTAL Hardcover in Zone <^30 t s.F. Total Property Area in Zone /<P.s.F. 6^10 ~/S, X 100 PPOff mct t^cuu>( r Aoc< m • f 0 ■y ‘2 (T-fi /(260 Jf‘ <o % ,, •••• . • • .i'T b'-'•V r '*v-• - m. t f-!' ■^i *• ■; ' - K r •’.ijsrf':.:. »# ^ife f!v :MV ■;. ’ ' •''f- i' .r'u .V • .. :-"i-.:v- - '• ly f i?5 i'. ■ •Vii 'li!^ V -,.: ’ f ■ ^;i 'li'-fc [ Saif .' v5f: ■ k'I - i, ‘y:- 1?^7U. ■■ f"i& ■ t To:Chairman Kelley and Planning Commission Members Ron Moorse# City Administrator 7' Froa: Date: Subject Jeanne A. Mabusth, Building & Zoning Administrator t i March 9, 1992 % ^ ^#1717 Lawrence W. & Arliss A. Gadbaw, 699 Minn^j^nx^ ^ Highland Lane - Variance - Public Hearing Zoning District: LR-IB, Lakeshore residential, 1 acre minimu Pertinent Ordinance 1. Section 10.22, Subdivision 2 - Hardcover variance required. Review of Hardcover (J-75^ setback area = 11,127 s.f. Existing hardcover = 8 s.f. or .07% No additional hardcover proposed in this area 75-250' setback area = 24,208 s.f. Allowed hardcover = 6,052 s.f. or 25% Existing hardcover = 7,144 s.f. or 29.51% Proposed hardcover per applicants survey = 7,750 s.f. or 32% Proposed hardcover per staff = 7,794 s.f. or 32.1%* ““ Total hardcover variance = 1,742 s.f. or 7.1% Additional hardcover proposed with current application 650 s.f. or 2.6% Applicants hardcover facts show an increase of 606 s.f. Additional hardcover proposed on face of application is at 650 s.f. ( 560 s.f. garage addition, 90 s.f. additional blacktop). 250-500* setback area = 7,751 s.f. Allowed = 2,325.3 s.f. or 30% Existing = 596 s.f. or 7.69% No additional hardcover proposed within this area 2. Section 10.03, Subdivision 14 (C) - Lot coverage. Total area =* 43,086 s.f. or .99 acres Allowed structural coverage = 6,462.9 s.f. or 15% Proposed = 3,168 s.f. or 7.3% No variance required List of Exhibits A - Application B - Property Owners Li st C - Plat Map D - Survey/Hardcover Inventory E-1-3 - Hardcover Fact Sheets F - Front Elevation G - Floor Plan H - Slope Detail I'h K':i;: A i’[«i J‘rf^te'-/• -^-v ^r’ |>-.iITlirV. '•i ^'2 :?■• A •‘i*! >v;:. C'-r •■' m-A rri r.> • ■ |fi'L te% Utu . ■-► ' V': ^‘'ti''Vi, ;«!*.*?■ mA-.:cfv-''■( it;..'m. w r >. . M f . ‘ V *' !a,•’■■'■ 7 * '"i /■•.•'V irt.iviA Zoning File #1717 March 9, 1992 Page 2 Description of Request The applicant proposes a 20' x 28' portico/carport addition to southeast side of existing residence. The additional space will serve for storage of a boat and other items. Approximately s.f. of additional paving is proposed along the north side of ^e structure expanding additional paved area. The improvement meets all required setbacks of the lakeshore residential district. The improvement does result in approximately 650 s.f. of additional hardcover in the 75-250’ setback area where there already exists excessive amounts of hardcover found to be at 29.5%. Please note hardcover is proposed at an additional 650 s.f. and not 606 s.f. as shown in applicants hardcover facts. As a result of this improvement, hardcover in zone will be at 1,742 s.f. or 7.17%, over the allowed 25%. Review Exhibit D. Note topography adjacent to proposed addition, building permit must show how positive drainage is to be maintained. Based on 1' contours it would appear retaining walls will not be necessary. Structural coverage on this property that contains a little less than 1 acre is proposed at 7.3%. Hardship Statement Please review Exhibit A, applicants statment on application form. Applicant notes the following; Existing 10% slope of driveway requires maintaining driveway area for accessibility of getting in and out. Review Exhibit H. Location of house on lot. 3.Additional 2.6% increase is insignificant in considering the lesser amount of hardcover within the 250-500' setback area at 7.69%. The area within the 75-500* setback area is 31,959 s.f., total hardcover within the area is proposed at 8,390 s.f. or 26.2% (existing «= 7,740 s.f. or 24.2%). Commission members may wish to consider existing paved area for backing out purposes when visiting site. If owners' cars were parked within garages, the 27' to 28' backout area from garage could serve visitors. If paved area along northwest side is removed, vehicles will be forced to east side where elevations are steeper. There is no doubt that paving is excessive on the property and the paving improvements appear to be the only improvement that may be considered for removal. p: ■ ■H: :/ »''’ . ‘ . y' •m •-" .'ittSF--fi"'•V- > > 'llis tviSisf h^-.'^j:- m'v ;*/■ w iiili.5t my% ‘.I ': 'Sit. ■,iV'*i,y.; SCK- t '■ ^ life 'v:-^ '^i Mr- M^‘m-.-pi--- ■ir lfSv..,!yiv'- ■'■ im^-' Iv^"'m Zoning File #1717 March 9, 1992 Page 3 Issues for Consideration 1. 2. 3. 4. Isv P%': "■ . ,- ' %v’ ■ Shall hardcover be maintained at a specific percentage or level on this property? Is 32.1 acceptable when existing was at 29.5? Are the hardships acceptable? Would we create an unsafe condition by reducing hardcover along the west sides of the paved area? (Should a minimum of 90 s.f. of existing paved hardcover be removed to match the proposed 90 s.f. along the east side, maintaining a total hardcover increase of 2.3% with total hardcover at 31.8% within 75-250' setback area?) Other issues raised by the Planning Commission. Zoning File #1717 April 6, 1992 Page 4 Addi1:ional Co—enta and Planning ComBission Recomaendation The Planning Commission members who visited this site confirmed the need for the additional paved area if safe access was to continue to be provided to this site. Staff confirmed that there were no other variances needed for the proposed construction. The majority of the Planning Commission voted approval of the application as proposed and accepted the hardships listed by applicant. The minority opinion of one felt the structure was too excessive for the property. The proposed lot coverage at 3,168 s.f. is 7,3% where the property would be allowed 6,462.9 s.f. or 15% of structure. The enclosed resolution has been drafted per the approval recommendation of the Planning Commission and includes the hardships noted by both Planning Commission and applicants. fB. P*-. Si' I iMc IfS#'-' BiA. m 5.' •, H- '-.V K '' kK •7,,;. p.. 'V-* !L w". ■0h - • ^ w- • s. . I*’ ly.. ^ -t * ■^'' :;w,'T. mt. ■■■•, I %‘tu".' r :iV'ir^^r*•; * 't'. I.r K ■ pyT; . tJl: A RBSOLDTIOM GRANTING A V2VRIANCE TO NDNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 PILE #1717 WHEREAS, Lawrence W. Gadbaw and Arliss A. Gadbaw (hereinafter "the applicants") are owners of the property located at 699 Minnetonka Highland Lane within the City of Orono (hereinafter "City") and legally described as Lot 5, Block 2, Minnetonka Highland Estates, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a 20'x28' portico/carport addition to the southeast side of the existing residence resulting in 650 s.f. or 2.6% increase in hardcover in the 75-250' setback area where 7,144 s.f. or 29.51% exists and where only 25% is allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #1717. The property is located in the LR-IB Lake Shore Residential Zoning District requiring one acre in area. The property consists of 43,086 s.f. or .99 acres. 3.The Orcno Planning Commission reviewed this application on March 16, 1592, and recommended approval of the proposed variances based upon the following ha’'i;^hips and findings: a) The existing 10% slope within driveway requires maintaining total paved area for safe accessibility. The location of house on lot. Pace 1 of 4 IR % •;, V - ^.r.y ■ ^;v. fv-‘rr- ■ l'T\ ir. Wr-. 6<i»- ‘ i :' / ■ , * ^S':> B., '^£\i S*'. c)Additional 2.6% increase is insignificant in considering the lesser amount of hardcover within the 250-500' setback area at 7.69% where 30%. No other variance approvals are required for the proposed construction. 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 h^zard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a 20'x28' portico/carport addition to the existing residence, subject to the following conditions; 1.Applicants shall provide detailed grading and drainage plans with building permit application submittals confirming positive drainage is maintained on site. 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 (April 13, 1993). Page 2 of 4 LtfiUi P: l^ifv 3. 4. April ATTEST: 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 ?s 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. Adopted by the Orono City Council on this 13th day of 1992. Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor 'V fcL-, . W' Property Owner(s) STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) '■y'' IS fo- ' ■' The foregoing instrument was acknowledged before me on this 13th day of April, 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 PH'rU:. U '• i ■X^i P ft-I;"-* 'V'C" i- '" Hr Uy ’ • '?-ri;fcrr r;rr'. :. k» ‘ •'■'■'StH'•■-->•."W- i: W'^ «:r ■ i*'- wy-^k:M'y: lyAy wyyk,- wyte ip-ky 0^ ir-'fi“m- ■IP kk:: ii^r.mki •■'■it .- riv" ■ STATE OF MINNESOTA COUNTY OF HENNEPIN ) SS day of 199 a Notary Public within and for said county, personally known to me to be On this before me ADDeared_ _ _ _ _ _ _ _ _ _ _ _ ___ _ the person(s) described in and who executed the foregoing instrument, and acknowledged that he (the/) executed the same as his (their) free act c^nd deed. NOTARY PUBLIC STATE OF MINNESOTA ) }SS. COUNTY OF HENNEPIN ) On this day of 199 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of '•’IIIft CITY OF ORONO - VARIANCE APPLICATI ■'; U-#1717Initial Application Fee $i75.00 ($50.00 par each additional variance,' Renewal Variance Fee '100.00 (no change from original application) A£ter-the-Fact Fees (Double application fee) * T TV r*C “Onkiilu .A J I u# i-*nuftu r ? A Ail" c r'C l j cc I U'» f iLU1 -rr JL \. V V'W At rrv V .1 CU I • rucrk T} X. t IC.L.-M t L 175,00 175. OC r. PROPERTY LOCATION Site CA^^- ^. r .T7DT^^-LiAi/K‘ Vn/I .A I t Mirrjti\ t UU A rnni uni TjCc i'va nyjJL. i V .•'* 0ly Property identification Number (P.I.D.) OC^l ~ J Attach legal description to application if not included on required survey. •r! applicant Phene (home)_- - - - - - -- Name (S. C(LAOiT ^ AS5oc. Xa)0 Phone (work) '•379-«f^v 7_ Address; ^*7 aJ.£.Citvz^F^^ Zip: ^ ^3 ONNER (if different than applicant) Phone (home)—^7 .^----- CA Name iO. Phone (work) U/o £. ^ C/4U/00) I ■!?? if Address: 6*^*? ^>i/iw'.vXTdAJfc^ City: Zip ;7f-Date Property Acquired g-7S^(month/year) P-I (.^ (do not) also own the adjacent parcels of land. •w' ■> PRSSENT OSE OF PROPERTY Present Zoning District Present Use of Property ResidentiaJ Other (specify) OBSGRXPTION OF REQUEST Estimated Construction Cost $ '7Soo n-«o-r-{ hN. rs»oue9t in detail: ^ ^^rtco AQO/T^o^^rP -Sg. OF ALU3^ ^X»TAA.0 r.-nJ¥l^ ^-lXitACC,_PLO< VARIANCES REQUIRED Lot Area Lot Width )C Hardcover Setback Variances (Front Side Rear) Other fe' •<. .?> X' • • * ’Vl; • aARDSHIP Describe undue hardship cr pr^.' c_ enfprcement of zoning reguiatic s\^ic Etf^r/KU /C% ct=- DihutuJAK^ ,2^:^diruii> ixfe TXUijlbu-A»^ AIU cA p:i^ ACCESSf/i/UTY {^ rriA,(» //j fCOT^____________________________ DESCRIPTION OP UNUSUAL PROPERTY CONDI*! JNS Describe unusual property cond * r.s z'''^' ont: ng compxiance with Zoning Code Requirements cox^o / /. 0c4-r7c ’.O or Ca. lo-hf^ic<t0£4rn f:AQO/VM^gc, c?yv / /a. V .<. >aJ^C,u/f<cf>^ CZOKi%,DeCi*JC. REQUIRED SUBMITTALS ^ k>f% cou^ !• Completed Application Form J iO - ^OQ A4LCA . 2. ti-3. H. r - 1^- i^’FV'.V » ^:7. 8. Certified Property Owners List of o.^i s within ^50 (you mus»_ obtain this list from Hennepin County Depart:.-nt of Finance A-60 3 Govt Center 348-3271). Plat Map (obtai ed with property owners list). Certificate '^f survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (H copy 3if''xli" ror reproduction). Topographic survey (existing and proposed elevations/ if any changes in existing grade are proposed (provide one co^y S-^xil"). Sketches or plans of floor & elevation views (provide 1 copy 8-S xil /. 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 app .i. icaticn. Ple<-se remember that your variance appli crtion is not complete__if___the— information has not been ncluded. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Adn'.nistrator, agrees to pay additional fees (staff time not covered by origir.al fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date OmiERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request- r A Owner •s Signature > OaA^j) Z'7. __________ ^ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each me: th. Applic^.nts must be present at all scheduled meetings of the Planning Connnissic i and Council. If 3n applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent a^-tend in your place and to advise the Building & Zoning Office of this change prior to the meetinu. ■tr V. I -• o z > c> X 2 ■T) rri > < m O O u39o oo 99 r- O Z o m in in ui in O' 99 H- O ^ G9 m 3 :oM -1 i»m -4 3 O > j55 > ^ 09 30 >z a m Sc 30 o 30 O ClI O O 09 09m ra ^ o -4 O^ I V » 3 ►- > l-l •^4z z • O Z rj m m w Z 09 O i>c z ^ so ^ O > O o t- z >- 30 O I-* r" m o H O -O 3 *0 m -0 m > 30 s. -< > ► m z o a 30 > o O 3 99 99 m § <n r- M n z m *n M In X in M 04 <n in z O' r- > Z o r* > 30 99 O 09 9im 30 < *o m r- •• 0»o < zM n -< O 04 O « 4> o I 3M z rn r* oz M I ro 04 o > o o o 09 r* o r- ► z > 2 30> X z o 3 “0 m 19 m > 30 X -< > > m z o a 30 > o a 3 93 93 m 3 M “0 04 r- rs3 in ^ m 90 (/> in o in z .o> o > m < m m m 3 3 “O -o r- f- m m M M 09 09 30 X > ► m m o o T -n O 04 o 09 O 04 09 O in I o o 30m 09 09 Hi t fO 04 09 Oi M M iim m > > •n 'o o o r* r* M M 09 09 09 « 09 IS9 M §m o -4 O O o 6O > <9 M 'S «o M S \\\\i^'^- t’.'f' p. if>'.' A m.. p'"fr ib- !#>■ P/»u«0 ^Vi >H,4r ^<-y ^ CLoHSta€r<-d f=o*L. fie *\ouoM W ^■\ v]^ 3^y i - h: %. lu\jf m^'hi >> N \ 0\\\l' ! 'AVOAv^ i\ \ W \ \', 1! . V^x\\\\ 1MI\ \ \'<:\ /i *Ar r^^.-WBign l^vr.-v- >. ; • ■1^ ?'!)// \ .b-t •Tb-r.mbmt *, y-v '• pi"< 'y \\ \ \ \ '' V V \ ^ ^ ' HARDCOVER CALCULATIONS 0-75 Pruperty la Zam Exist. Hardcovv Exist. Perasnta7« Allcvshla 11.127 aq. ft. 0 sq. ft. .07% 0% 75 - 250 Prtipcrcf la Zothi 24,208 sq. ft. Exist. KardcoviRr 7.144 sq. ft. EMst. Percentage 29.51% Proposed Nev Hardcover S06 sq. ft. Nsv Percentage 32% (1698 sq. ft. cn Alljvebis 25fL (6052 sq. ft.) ^ - 500 Property in Zone Exist. Hardcover Exist. PeroBitage AIlcTvablo PrcJpCksed FJev Kardocr/ier 7.751 sq. ft. 596 sq. ft. 7.69* 30* 0 oq. ft. im-'i ■V-'v--.. R‘--V mr ‘‘Mw ■' ■■ -V‘ »’. :■■ i:!\ ?t04- P- 4/f/./ / uAi^f^AL^y /JHARDCOVER CALCULATIOM ViORKSHEET SETBACK ZONE: (CIRCLE ome) C-75*CZ^~~^Q1^' 250-dOO' 500-1000 Existing Hardcover in Zone 3n>. T7iat'» fATi® _ _ _ _ _ _ X C f«* r-S I r £a>UCUAiX.%. . ^ATIO/Deck E. X L\h'/7Z.S.F. ,. • •« S.F. F.Landscape _ _ AREAS UNDERLAIN • BY - • V. .. PLASTIC“ - - - SHEETING X S.F. S.F. X S.F. S.F. /«(*K G. Other X S.F. Total Hardcover in Zone -7/^4 - s A. ■ Housf X _rs 2€0^S.F.. »• W- ■/ * * LENGTH m WIDTH * :\{j,n X .^^.'S..“ . 0 11 “ • • f H*X S.F. 1 ii /(^X S.F.Lj1 5i.' CC>k JZ..'' vr®c»T X 22- ? • /iz S.F. r ooMc. esfT. B. iSTTIAfft-X _S.F. 1 ' • ■‘v l>,. ■ ■■Aft *yLP^ • • '"L,(^ 03UL* CX/0A X 'b // S • r 1 C . V- *• iJ • I.... ...... —X ♦ S.F.\-z^ ■k. • ■' D. Sidewalk *^'X /2 ___S.F. Ir^ iJ ^ • ‘Total P rcper^y Area in Zone S.F. -S.F.B 7/^44 — B X 100 2 9. 5//C • «.» ».•• • • *• rv ‘- ■By&■ • ■:P"i r* |!-•■ P- ®f"' ■|S ■ .• ••* mBSi^;y ; ■• ■. ;v f '.y ifc::-' tea'■,'?•' fc;"''■■ ' fey' If'' |t- ii'' ■p>- feyw* S'*?: lto‘ l^a? . #:u-.'-■ -• * w).u> J -J ^ ^Cl-o — ^ QL'r:-;r V I \ t »HARDCOVER CALCULATIO!! ViC^ SETBACK ZONE: (CIRCLE qne ) 0-75' 75-250^ Exist 'ing H'ardcover in Zone 250-5000 500-1000' A. ■ House LENGTH X X X B. -Garage • » »r» c. Driveway 6bov v top^ x D.. .Sidewalk -1 X E.^atio / 3eck x X F.Landscape areas UNDERLAIN BY ' ■ , . X PLASTIC- •■ SHEETING /•v 'ScjUJO0r\^ G. Oweff _/.5 s. width Sfo foTAL Hardcover Zone 5'9r Total Property Area u; ZoriE -77 S/ S.F. S. F, S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.• S.F. ,.S.F. S.F. c; pO i i * S.F. S.F . S.F. / - > 77J-/_ X ICO 71 <r ? 5 of. oy/o \ \ \ j ■< ■ W? 4r p ^ ^ ». ? ^ •’j *= ri' t^ ■ >'i 'fk: - "v , *'f •• ’kif- .'•% A-' <^-. b.: ■1 H-' ^W:^ f-"' Iv."H;o Oz 2 T-> zJ Oz S' 5?t !- % <1 ^BhA; <1 1 £iU^ *V'w 47 • ' # k ff' ?o 5>. ''I 1 ”» I 9 B% Iu 5 1 2«'-or <Si:S; II II •i II II II Y II ;LJ \ •in \^ ®\i- I m I jSUl 1 I ~nr >z .^i-. • [if - V >■ • ^ i!>Ci ► • 'vA I I V I. p li- . ■ i'V '■' ■ ■ ,iVl-. %■( S...... f.Iv . ‘ s*Vv*-i-A \ &T Vi- <5i. Cw :: •.-. Io OL. 0 •• .;■'." •:.■•'V- Cv i -Ir ').7‘ 7‘v ' V’-w'V.:-• r . / ' : V..N t V* ' .•. •: t *. • *r«.. . • t ,*1. < * • V. X. V/ < ’ j J > -..i m M mm -f-'M s ‘Mti ■Mi " k ^E * ' 'f- # >*’5 Till :-■ ^ ^4. » • , i* • • • ^ ^ ^ V • ; V = '•••..>;VV:5‘- .-t 1’: I.,.m- r P- r-r r r ii;: fii W T'' p.pc. i ■■;. 7^ . i r V ■*“W? fe---hr:>C i- U. •■>- iSr K-i I? fc- I; iv?: p-k- •V ta. Sifi ,1^ To:Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator ^ From: Date: Subject: March 12, 1992 #1721 Albert Hanserr 1685 Fox Street - Preliminary Subdivision - Public Hearing Jeanne A. Mabusth, Building & Zoning AdministratM^fj^ ^Ojt '^0 Zoning District: RR-lB, Rural residential, 2 acre minimum Total Area = 29.14 acres 15,76 acres wet 13.38 acres dry Applicant proposes a rural subdivision of 5 residential lots. All lots meet or exceed required 2 acre minimum area. Pertinent Ordinances 1.Section 10.28, Subdivision 5 (B) - RR-IB, Rural residential lot standard. Rural residential standards require that lot widths be measured to the rear of the street/front setback line. Lot 4 does not meet the required 200' width. Per Shoreland Regulations, Page 28, Section 4 (Exhibit P), lakfshore lots do not have to meet the required width to the rear of the fron ■. setback line. All five lots are classified as lakeshore lots. 2. 3. Chapter 11, Subdivision Regulations Shoreland Regulations -• Amendment, Exhibit P.* regulations classify the property as lakeshore properties on a Recreational Development lake, regulations, the required lot width is measured line at the shoreline and at the 100' structural 1 does not meet the required 200' w^dth measured line at. the shoreline. Refer again to Section 4 Amendment. New shoreland or shoreland Based on new in a straight setback. Lot in a straight of Shoreland A.Recreational Development Lake Structural Setback = 100' Septic Setback = 75' B.Setback from Wetland, Browns Bay Structural Setback = 26' Septic Setback = 75' Pleace save this copy for the ‘emporary inclusion in your Zoning Code. k'.f ‘V . 'I-> ' f- [j' i*’fi. Zoning File #1721 March 12, ^992 Page 2 List of Bxhibiiis A - ^pplication B - Property Owners List C - Plat Map • D-1-4 - Hardcover Fact Sheets '• E - Hardcover Map F - Weckman Memo 3/12/92 G - Cook Report 3/6/92 H - Section - Culvert Under rakota Rail I - Gronberg Report 3/9/92 J - Baffle Weir resign K - DNR - Protected Waters Map L - Watershed Map (Tanager r,ake/Brc ^ns Bay) M - Road Profile N - Road Section 0 - Road Plan (Urban 'ection) P “ Shoreland Regulations/Shoreland Overlay Map Q “ Preliminary Plan Brief Description of Application The applicant proposes the division of his 29.14 acre homestead property into 5 lakeshore residential lots. All lots shall be served by a private road. Each proposed new residence lot will be served by an on-site septic and well. Based on the new shoreland regulations, the existing guest house does not meet required 100' setback from the 929,4 or OHWL (Ordinary High Water Level) of Tanager Lake and is considerr?d a non-conforming structure. Additional septic testing has been submitted for the guest house. Upon a site inspection of the property and additional information rrom caretaker, it appears the existing soptic system is located to the south sid^ of the guest house and may encroach the required 75' setback from the OHW of Tanage - Lake. Applicant has option to either confii... existing location of system or install a new system within 1 year of final plat approval (per Section 12.30, Subdivision 5 (C), If applicant plans to install a new system, additional septic testing must be provided for another alternate septic site. If feasible, guest house may be served by existing system that serves principal structure. Applicant must decide how this matter is to bo resolved. Each lot meets the required 2-acre dry contiguous standard. The southern wetlands are par* of the Tanager Lake watershed and are now classified as parr of Tanager Lake based on the location of 929.4. Refer to your preliminary plan, Exhibit Q. The wetlands to the north and east are part of the Browns Bay watershed. All setbacks shall be measured from the agreed upon OFWL of the wetland (932.3). The wetland within Lot 1 located between the driveways on jOt 1 is not a designated wetland nor is the low retention area -> Zoning File #1721 March 12, 1992 Page 3 within Lots 2 and 3. Both wetland areas have been impacted by the recent high waters of the Browns Bay wetland. This condition will be discussed in more detail further on in the memo. In your earlier sketch plan review, it was decided that future access to the undeveloped western properties is not practical based on the expansive wetlands to the south and west, steep topographies to the west and impact on dense wooded areas. 'Review of 5-Lot Subdivision Lot Configuration The structural setback from the Tanager Bay side along the south is 100' for all existing and proposed structures and has been met except for the guest house on Lot 1, located approximately 75' from the shoreline. The septic system appears to be located approximately 65-75' where a 75' setback is required from the OHWL. Both are non-conforming and must be recorded as such in the final subdivision resolution. All other existing accessory structures on Lot 1 meet the required setbacks from proposed lot lines. Lot 1 is now classified as a lakeshore lot, accessory structures can be placed within the street yard. It should be noted that the tennis court is also non-conforming because of the substandard setback from the wetland area. Even though the wetland is not designated as a protected wetland, the City will ask that the area be designated as a wetland at the 932.3 elevation. Lot 1 does not meet the required lot width measured in a straight line between the points at which the side lot lines intersect the OHWL (refer to Exhibit P, Page 28). Line can be adjusted to satisfy code requirement. Please review Exhibits D and E. The applicant's consultant has confirmed that there is no excessive hardcover within the setback zones on Lot 1. Note guest house structure does not conflict with hardcover standard. All lots meet the required dry contiguous area requirement of the RR-lB zone. As already noted during the sketch plan review, proposed Lot 2's building envelope is severly restricted although the lot meets all standards of shoreland and the RR-IB zoning district. Development of this ouilding site will have a major aesthetic/view impact on Lot 1. I i" e -r. I-’ , S'-I i- kf ■r ;K“ M:- I:'- ■••• .• . ,4 Zoning File #1721 March 12, 1992 Page 4 Septic Please review Exhibit F. Weckran confirms that al1 septic systems meet the required setback from Tanager Lake vlOO' structure, 75' septic) and Browns Bay wetland (26' structure and 75' septic). Septic systems all test out fo*- mound design. The 20' setback from proposed lot lines can be met by each of the sites. The City will require that the septic areas on Lots 3, 4 and 5 be staked prior to any lot grading or road construction activities. It shall be necessary to provide permanent staking and fencing for the septic areas on Lots 2 and 5. The private drives to each of the proposed residence sites will travel close to the septic areas. Because there is no other suitable area for septic sites on these lots, it will be necessary to protect the proposed test sites. The City will also ask that a swale be installed along the shared lot lines of 3 and 4 takes drainage to Tanager Lake. The swale will drain low seasonal retention area very close to the septic test site on Lot 3. Gradinq/Drainaqe/Wetland All wetland areas shall be designated as drainage easements on the plat; Tanager Lake at 929.4, Brov/ns Bay wetland at 932.3, wetland to the north of Lot 1 at the 932.3 and wetlands within Lots 2 and 3 at the 933.3. Drainage easement shall be taken over drainag -..ay that extends from low retention area to Browns Bay wetland under proposed private roadbed. It is this wetland that shall retain the majority of run-off from developed lots and road hardcover. In early discussions with Ron Quanbeck of the Minnehaha Creek Watershed District, based on the hydraulic information and elevations taken on March 9th (since Cook report of 3/6/92), we have concurred that the 932.3 elevation is acceptable as the OHWL for the Browns Bay wetland. Review Exhibit H, the culvert under the railroad track, the outlet at the south side was found to be at 926.95. The invert at the north side was not detected but it is as'*umed there is no more than a foot of difference at approximately 927.94. The culvert is lower than the elevation of Lake Minnetonka at a 929.4 OHWL. Browns Bay wetland is directly influenced by the lake level of Lake Minnetonka. Quanbeck says that the Lake level right now is at 930 and that the OHWL of the wetland would be approximated at 1' above the lake level of Lake Minnetonka so the 932.3 is a very generous calling on the part of the applicant's engineer. It should also be noted that the original 933.8 elevation of the tracks of the railroad would not be the control elevation because the surveyor has also located a ditch that drains along the north side of the railroad to the west (Tanager Lalce) at the 933 elevation. The Public Works Department has partially K'--. fi W ' .f :-r“'^ ,v^^; W'.^- f. I f •, !: f. ::' if - :'k K : - .>**V .1rm'- m >a' K ;i ■m- iiif- tr'f:;i ■'te r'/vz-t Mt'.'i ■ .S'' • ' -‘ •-. 4- , « .. fr'^: '^;: fei ■n Zoning File #1721 March 13, 1992 Page 5 unplugged the culvert under the railroad track. Applicant's surveyor has already recorded the effects on the Browns Bay wetland. (Review Exhibit H, on 3-9-92, surveyor confirmed 932.1 on north side of track, 930.8 at south side of track.) Access/Road The City shall ask for a 33' dedication of right-of-way for Fox Street. The private road shall be designated as an outlot. Review Exhibits M, N and 0. Private road construction will not require a separate conditional use permit or variance as the road will not encroach the wetlands shown on both sides of the roadway at the 932.3 elevation. The road is shown as an urban section with a 28' width measured from the inside of the curb. The road has been laid out to take advantage of the gentler slopes and has attempted to minimize the removal of several mature trees. A 5' boulevard is shown on either side. It is the policy of the City to require all lots to be served by one single curb cut via a private road. Staff would add that there is adequate sight distance at both private road and driveway at west. It is staff's understanding that the applicant will seek special consideration and ask that the western drive be allowed to remain. Applicant's representative should be asked to comment on this as City has received nothing in writing requesting the use of the most western access. As no wetland area is proposed to be encroached by the construction of the private road, the DNR nor the MCWD will require special permitting. The MCWD review of this subdivision will deal solely with surface water management issues as a result of this development. Issues for Consideration It would appear the only variance sought by the applicant is the required 200' of lot width at the shoreline. Let 2 with adequate lot width can be adjusted to provide the additional width for Lot 1. Planning Commission should include this as a condition of subdivision approval. Applicant must also provide direction on issue of guest house. If septic cannot be located and the existing system defined, applicant has one year to either connect to existing principal system (if adequate to sustain additional use) or install new system and provide additional testing for alternate septic system. Applicant may decide to discontinue use of structure as guest house and proceed with required removal of inside plumbing. Should applicant be asked to file a separate Conditional Use Permit for guest house that has existed on propoerty for 40+ years as the City required in recent application of another resident? 1 A Zoning File #1721 March 13, 1992 Page 6Park Dedication fe-I-'- ii:! If-:.- 1'^r; ■ -1. ‘S* . j‘>r- ^ imm m- teV;' ■ p...-., ■• ' If* ■ ||s !>■ • ■ ^te"-m-P II ipt': fte"m The Park Commission conceptualy reviewed this subdivision at their March 2, meeting and recommended a fee in lieu of lands. City Assessor will determine value of undeveloped land for park fee determination upon Council's preliminary approval of subdivision. ReccxBDendation of Approval The preliminary subdivision application of Albert Hanser involving the property located at 1685 Fox Street has been found to meet all pertinent standards of the RR-IB zoning district, shoreland regulations, subdivision regulations and on-site septic code. Your approval recommendation should contain the following conditions: 1. 2. 5. 6. 8. Applicant to grant a flowage and conservation easement over all designated wetlands within the plat. Wetland and retention areas are to be shown as drainage easements on the plat. Access via private road. Planning Commission must make recommendation concerning the continued use of Lot 1 of the m.ost western access drive. Applicant to dedicate 33' of right-of-way for Fox Street. Drainage and utility easements 10' around the perimeter of all lots and 5' each side of internal lot lines. Easements may be omitted at lakeshore and edge of wetlands. Maintenance covenants shall be created for purposes of maintenance and upkeep of private road. In addition applicant shall be asked to grant road and utility easements over private road. Park fee shall be determined by City Assessor upon preliminary approval of the subdivision by the City Council. Septic areas on Lots 3, 4 and 5 shall be staked prior to required land alterations. The septic system on Lots 2 and 5 shall be permanently staked and fenced in order to protect sites from future development of building sites with residential and driveway construction. jilt ment land lents make 1 of eet. upon City r to nt ly ture and '■ tac--; l|l%r I I- ■ ty. 1-&' i • U- Zoning File #1721 March 13» 1992 Page 710. 11. 13. Applicant shall install a swale between Lots 3 and 4 to drain low retention area adjacent to septic sites.The City formally recognizes the guest house and septic system on Lot 1 as non-conforming based on new shoreland regulations that classify southern wetlands as LakeMinnetonka. Based on resolve of guest house, shall applicant be asked to fill Conditional Use permit? In addition the tenni court is also recognized as a non-conforming structure because of the substandard setback from the adjacent wetland. Shared lot line between Lots 1 and 2 to be realigned so that 200’ width can be met by Lot 1. AoDlicant to provide permanent boundary markers along lot linesTf elonVted shoreland lots so that future owners easily know the boundaries of their property ^^id prevent future mishaps by either building sites or septic sites being destroyed on adjacent properties. In regard to issue of riparian access and tights, the City's position is set forth in Section 10.56, Subdivision 20 (Exhibit P, page 26) which states as follows: Riparian Access and Rights. For properties which as a result of the designation of the OHWL are found abut the boundary of a lake, stream, or tributary, no section of this Code shall be constucted as obligating the City of Orono to approve variances to provisions of the Code prohibiting physical improvements, structures or land alteration within protected wetlands, flood plain areas or shorelands. Nothing in the Code shall be considered as establishing or increasing riparian ^^^hts. s section of the Code is intended to regulate land use and establish building and zoning restrictions only. Im m ilM ■ ■ use nly. 1^ M ; ■1^. 3 ’^v i'i/: : ■■■'>. Zoning File #1721 April 9, 1992 Page 8Additional Conments and Planning Commission Recommendation The Planning Commission advised the applicant that the garage and tennis court on Lot 1 would also be classified as non conforming structures because of their substandard setback from the adjacent wetland. The applicant's surveyor also advised the Planning Commission that the lot line between Lots 1 and 2 could be adjusted so that lot width requirement at the shoreline measured in a straight line would be satisfied. Meredith Howell, applicant's realtor, advised that the e3 Isting guest house would remain in use as a second residential unit on the property. It was noted that there is adequate area to support the second residential unit. As there is no record of a conditional use permit being issued for the guest house use, the City will ask the owner/applleant to file a separate conditional use permit for guest house use. The septic system that serves the guest house has not been located but it appears from staff inspections that it is located within the 75' setback area. The non-conforming septic system must be brought into conformance within one year of the date of final plat approval. The Planning Commission agreed to applicant's special request that would allow the most western access to Lot 1 to remain based on the fact that it has existed on the property for many years. The access drive satisfies the sighting distance. The access has never been a safety issue and circular drive design is functional and compliments the aesthetic character of the estate property. The Planning Commission recommended unanimous approval of the proposed 5-lot preliminary subdivision application of Albert Hanser finding all standards of the Shoreland Regulations, RR-IB Zoning District and the On-Site Septic Code have been satisfied. The enclosed approval resolution has besen drafted to include the additional recommendations of the Plannning Commission, i.e. recognition of garage and tennis courts on Lot 1 as non-conforming as well as guest house and existing septic system that serves guest house. The approval also includes the granting of two curb cuts for IjOt 1, the need for a separate conditional use permit if guest house use is to be continued, readjustment of lot line between Lots 1 and 2 so that a width variance would not be required and the removal of a small shed between shared lot lines of Lots 1 and 2 prior to final subdivision approval. Isv r-i r ft-la.' •v :■>' »■ ■ '•■'• I •r *.','r^' M i;? •; . ki’-rVl |Kr :r ■' .... ’;'.s: •. H*.' K."-. • w r‘^ '•‘V ^!^ ■»: rff> ^ i ■> ' >^V'' ; v\ '• [6- ;>•< '* B-; -I • , §m •;> a;?. A RBSOLDTION GRANTING PRELIMINARY APPROVAL OP A 5-LOT PLAT FOR THE PROPERTY LOCATED AT 1685 POX STREET PILE NO. 1721 WHEREAS, Albert D. Hanser (hereinafter "the applicant'-) on March 16, 1992 filed a formal subdivision application with the City for approval of a 5—lot residential plat of property legally described in Exhibit A attached (hereinafter "the property"); WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 16, 1992 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on April 13, 1992 the Orono City Council considered the subdivision application of the applicant, noting the following findings of fact: 1.The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2.The property contains a total of approximately 29.14 acres. All of the proposed residential lots meet the required 2 acre dry contiguous land area as follows: Lot Lot Lot Lot Lot 1 2 3 4 5 4.02 acres dry 2.2 acres dry 2 acres dry 2.04 acres dry 3.12 acres dry 3.All lots have been found to have adequate area for both principal and alternate on-site septic systems. Applicant's consultants have provided septic test information to confirm these findings. Page 1 of 6 I" r-' I'': i- . .■ 0' ■ ■X.- % ^5^.' S'. lb K ' W^'^' I>m r 5. 6. 7. All lots shall be served by a new private road, Outlot A. Lot 1 shall retain existing secondary curb cut west of proposed private road outlot based on the following findings: a.West curb cut meets sighting rquirements for road at a 30 - 35 ro.p.h. speed limit. b.Access drive has existed on the property for many years and has never been a safety issue. c.The existing circular drive serves not only a funtional purpose but helps to maintain the estate-like character of the property. All newly created lots have been found to meet the standards of Ordinance No. 101, Second Series, An Ordinance Establishing Regulations for the Management of Shore lands Within the City. All structures will meet the required 100’ setback from the 929.4 elevation of Tanager Lake, designated by the DNR as a Recreational Development lake. All septic systems will be located 75' from the 929.4 elevation. All lots have been found to meet the standards of the RR—IB, Rural Residential Zoning District. All proposed residential structures will meet a 26' setback from the wetlands located at the 932.3 elevation and all septic sysLems will meet the required 75' from the 932.3 elevation. There is no need to provide future road extensions to the south, east or west because of the location of the railroad to the south, Tanager Lake shoreline to the south and west, extensive wetland areas to the east and north, steep topographies and heavily treed areas to the immediate west. HOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Albert D. Hanser per the survey dated October 24, 1991, revised April 6, 1992 by Mark S. Gronberg of Coffin & Gronberg, Inc., subject to the following conditions : 1. Applicant to dedicate 33' of right-of-way for Fox Street. Page 2 of 6 -T.-;,-V. I ■y. ■;-^. - .c:f . +«- ••• ■ '■ • >1' -r;- I rV' i;#:' ‘■jf-,.. I'::*r. 2. 3. 4. 5. 6. 7. 8. 9. 10. Applicant to grant a Flowage and Conservation Easement over all designated wetlands within the plat. Wetlands to the north and east of the property to be designated at the 932.3 elevation. All access to this property shall be via private road out lot except for Lot 1 that shall retain an existing separate access off of Fox Street and the second via the private road. Septic areas on Lots 3, 4 and 5 shall be staked prior to required land alterations for private road and drainage improvements. Septic systems on Lots 2 and 5 shall be permanently staked and fenced in order to protect sites from future development of building sites with residential and driveway construction. Structure located between shared lot lines of Lots 1 and 2 shall be removed prior to final plat approval. On-site Septic Manager shall be advised of time of removal to ensure there is no damage done to the septic test sites on Lot 2. Applicant shall install a swale between Lots 3 and 4 to drain low retention area adjacent to septic sites. The shared lot line between Lots 1 and 2 to be realigned so that there is 200* of width measured in a straight line at the shoreline. Applicant to provide permanent boundary markers along lot lines of elongated shoreland lots (Lots 4 and 5) sc that future owners may easily know the boundaries of their property and prevent future mishaps by either building sites or septic sites being destroyed on adjacent properties. Applicant shall file a separate conditional use peirmit for guest house use as structure will continue to be used for non-rental residential use. Page 3 of 6 m |:r' l.^-. 4i> ef- ■: :;;~v U i-i'‘t!^f r- ■'55'' ■ i'‘- "'- mh -...fA m4i' tliv-’ u %te < ■ ''^ '5" -V - ^ W'.M"--:■r.: ' V.. .' ■ i:^ - Pf- • Iw v' r^- i'r' -. <■ ■ . 0 Wk, % 11.The following improvements or structures are recognized as non-conforming based on either their substandard setback to the shore of Tanager Lake or to the designated wetland. All structural repairs to these non-conforming structures shall require approval of the City of Orono. The non-conforming structures are as follows: a. Guest house on Lot 1. b. Detached garaged on Lot 1. c. Tennis court on Lot 1. 12.Upon preliminary subdivision approval by the Council, staff will refer the 5-lot subdivision to the City Assessor to determine the value of the property in its undeveloped state so that a final Park Dedication Fee can be determined. Park Dedication Fee shall be due upon the filing of the final plat application. REQUIRED IMPROVEMENTS Building permits will not be issued for new construction until the plat is granted final approval and filed with Hennepin County. In addition, all improvement plans involving private road and drainage improvements must be approved by the City Engineer before applicant can commence construction. All drainage improvements and private road base must bo installed and approved by the city Engineer for safe use by municipal inspection vehicles before building permits will be issued. The City will ask applicant to execute a Developer’s Agreement and provide a Letter of Credit to cover 150% of the cost of these required improvements. The fully executed Developer's Agreement and Letter of Credit must be posted with the City before installation of the improvements. _ FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: 1.RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200*. Drawing to include: a.Lot lines platted per preliminary survey by Coffin S Gronberg, Inc. dated October 24, 1991, revised April 6, 1992. Page 4 of 6 ■ -7i'li- ' * Ite- ;?Ci\5^t'- Fiip •• •m..ms^"- =■mm y,.fe.. pP P"' e:?’ f?^E •.. >;:::v. gl-'- ■ ’ -i i> - k-J-^, m WP f ii/- «.- b.Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. Omit along shoreline. c.Designation and dedirati<n of a drainage easement over wetlands and drainageways within Lots 1, 2, 3 and 5. Designation of Tanager Lake at 929.4 con -ur as it encroaches Lots 1-5 along the south side of lots. d. Dedication of 33* of right-of-way for Fox Street. e.Applicant's surveyor to determine if drainage easement along shared lot lines of Lots 3 and 4 where swale is to be installed needs to be enlarged to contain drairiageway, 2. LEGAL DOCUMENTS required; a.Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. The applicant must provide certified copies of all recorded easements currently affecting the property. c.Signed and executed Flowage & Conservation Easements over the wetlands/drainageways. Please review sample easements enclosed herewith. d.Signed and executed Developer's Agreement and Letter of Credit for installation of private road and drainage improvements. Applicant to provide Letter of Credit at 150% of actual cost of improvements. (See samples enclosed.) e.Signed and executed Road and Utilities Easement over road outlet. See sample enclosed. f.Signed and executed private road covenants to cover ownership/maintenance of private road and drainage improvements. See sample enclosed. Page 5 of 6 if'A' •" it :s. 11 P- p r :• l|tpJ: ;§:■ isps' fefeft fk g) Completed "Private Road Name". Please note this is a separate action of the Council and may be submitted prior to the final submittals for final plat approval. 3. FEES TO BE PAID: Total Due $300.00* a- Final plat fee = $150.00 b. Legal review and filing fees of $150.00 *c. Park dedication - Park Commission will accept park fe«= in lieu of lands. Rolf Erickson, City Assessor, will be asked to determine the fair market value of the undeveloped lands within the subdivision so that a Park Dedication Fee can be determined. Applicant will be advised as soon as Mr. Erickson has submitted his findings. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th dav of April, 1992. ATTEST: Barbara A. Peterson, Mayor .es rer il?. M:te Dorothy M. Hallin, City Clerk ft '«k Wft ■ l.»' 0k |r-‘v . % m -; ■ m 1* STATE OF MINNESOTA COUNTY OF HENNEPIN ss. ) The foregoing instrument was acknowledged before me on this 13th day of April, 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 6 of 6 PIp''' 'I ' CITY OF OROHO - SUBDIVISION APPLICATION FROPBRTY LOCATION I . !I [i Site Address ------/li’/’X ^r'^fCT------------------------------- Ol-tn-li-n-tctj Property Identification Number (P.I.D.) 7 -2J > ^ V ~ j[1992^<^^^y - i?aOS Please check one - Property abstract or torrens? Attach legal description to application /'r APPLICANT Name Phone (home) Phone (work) AAATf^ss: STAfST________ City; (M^ArZATA--------- Zip; OMNER (if different than applicant) Name __ _ _ _fA^r _ _ _ _ _ _ _ _ _ Phone (home) Phone (work) Address:City:Zip: (attach list if more than one) EXISTING LAND USB Number of Tax Parcels f T V V ffC >r,vr5A''rf otFicE IF,Development Size ALJL^- i -£ -ivor'-npA X w'Oi-'CV'Wl/V /r. 9 j* ir,;. = ,V-. fiV' V le Present Use (check) 7 7. i t Acres Dry Land Acres Wet Land iF utiV Acres Total, all parcels L<‘^tLA <'l iwJ5.vv AiUif'T-.'rtAVA YOU Residential; no. of un i t s..? .• i JV/ iOOl i Other (specify)____________________ I'l.' !/’ * ■ V • Present Zoning District__ A PROPOSAL Division for Tax Purposes P.:\. Lot Line Rearrangement Only (no new building sites) p/,. 1 Subdivision for New Building Sites n •N Number of Building Sites:/ •y '•; S' Existing Units New Units Total Units !■■■ f ■ Proposed Gross Density: Minimum Lot Size: Units per /J. V Acres AAr Z ArAfS Sq Feet Dry Buildable Land Proposed Use; (check)Residential Other (specify) - «V •• e ■h. ■XiF'' ’ '•- * ‘■XmiDM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION1. CoiBpleted Application FormPreliminary Plat information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain th:<.8 list from Henneoin County Department of Finance A-603 Govt Center 348-3271). As an addendum to this application, please attach a separate list of any other persons you wish notified of this appxication. 2. 3. 4. Certification by Zoning Department that Preliminary Plat Application is complete . Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ !• Payment of fees (park fees, filing fee, sewer and water assessments) f2. Signed Certificate of Survey or mylar copies of formal plat. 3« Title opinion. 4* Easements, Covenants, etc. :;5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Date_ _ _ _ _ _ _ _ _ _ _ _ FEES Sketch Plan Review (Class I, II & III) Subdivision of a Lot Line Rearrangement $.'00.00 300.00 Preliminary Review (Class I & II Subdivision)300.00 Preliminary Review (Class III & all non-residential) 325.00 + 25.00/Lot Final Plat Review (Class III) •(Plus any legal or engineering charges) 175.00 i- >• ■Renewal of Preliminary Subdivision Application Renewal of Pinal Subdivision Application 150.00 100.00 The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees es^sfblished by ordinance. Applicant's Signature Owner's Signature v Date Date saA. Applicant must have all submittals into the City offices 25 days before the Planning Cesnmission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. -.rv.,H O 'll555*2: -T3 rnm > » \ -<> m Z O 9 >s $ O-o ►ooas H Qr j> s -D ^ 9X 2 o 2» 9 \ -C >> m z o ® 2 O Z 9 9 m H o 9 2T > S ® ^ X 2 O::: 9 m T/ r? > 9 X < > a> rr» 2 o c: 9 > o o 39 9 H Q 92: > X » j* X 2 oZ 9 m Tl -n > 9 X > j,. m z O O 9 > O O 5 » 9 09>-4O X oo 9io > o sO X is> H, nt%-i;b’- .• -i' ,*> ,|^i- .%■ t’ I* ’* 'I' ^^• Lv.,.> V- . :L'.^ •^ ■' ■ %s%f; ip* ::-5p ; .r; p A . •. . -vip 'V- ■ , * HARDCOVER CALCULATION WORKSHEElSETBACK ZONE: (CIRCLE ONE) 75-250' 250-500' Existing Hardcover in Zone A. House Q. Garage c. Driveway D.. iI DEWALK E. Patio/ Deck LENGTH I • • r* X X t • ■ '.A SS'" AREAS UNDERLAIN BY PLASTIC- - ■ SHEETING •. - • • • •; i -.x-i.;• i>< ;Pfe, • G. Other • Lr ■■. X WIDTH :CG-1000' Total Hardcover in Zone Total Property Area in Zone 2^^ ^OOB X 100 S.F. 2 . F . S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. f S.F.B H: it: V|:'v, . : m ^■m. - ■■.'. '/••.« t-'<■''•■ ■•V ■fe - ,.^ - r-' '■ • h:;: wp.y f *' flji®’,' ’ SSS ■■••’V:< 0m",- ■ ■ -A'i'-'m V ■ -•fr #- i. -\: •■ •: .': f- ^■jlk#P> .i'' ■ ^ • ■ y', HARDCOVER CALCULATIOM WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0*75' <(??-2SQ^ 25C-50Q' Existing Hardcover in Zone 5C0-1GCG' A. riOUSE LENGTH C**€Sr /^^cts€ 3l. t B. Garage c. Driveway D.. Sidewalk _ E. Patio/ Deck F.Landscape AREAS underlain BY ■ , , plastic- sheeting G. Other X X 5350 WIDTH 2?. 2 3oS < ^YO Total Hardcover in Zone S.F. S —*i • r t t" t ,F, S.F. S.F. S.F. o . r S.F, n ^S . r . S.F. S.F. S.F. S.F. S.F. S.F. S.F. /2 S.F. Total Property Area in Zone S^^SOO t S.F. T\jlcSlL— -r FT] 3 oo X 100 - _■ «•* #*w h B • • * 4 .? > km'- ■fk >\f^r * hW' li"' k-riv • • ,>'^- -.i?;.- •:f' k:<,^ MMm '■.,: = /•>w .■:h~" *.f. ;v. Si-■4vV .\T‘ fMa>S''-3P ^5' f'-r f«|- s' "'Vi • V '‘/si." :J-:V 4;*^ ! v ■ ■£ '■•: ■Sii . J miM-ik Iv"' ^ ^V-m$^\ -:' >'.• • f V*** ' rk:*v- >• :v‘ V>w m. ’■k • V is#’mc'r |nWi'» «*• «■ HARDCOVER CALCULATION WORKSHEET SETBACK zone: (CIRCLE ONE) 0-75' 75-250' Q^-SOO') 5CC-10CO Existing Hardcover in Zone A. House LENGTH • • 3. Garage c. Dr IVEV/AY A>(*/r f>/r D.. SI DEWALK Z . Patio/ DiECK F,Landscape AREAS underlain BY , . PLASTIC" SHEETING /VX/A'/X COt^KT G. Othfr __ X X in.z. X ______ X 72.5 O __S . r . WIDTH 6 30 5^Z o 2 SO o SJ. s £7o<i2 i* •. Total Hardcover in Zone Total Property Area in Zone s • i* • S. F . S.F. S.F. S.F. S.F. S. P S.F. S.F. S.r . S. t*. S.F. S.F. S.F. S.F. S.F. /?, 791 S.F. y/4 /i?^ t S.F. • ••• -• B /z^fz ^ rri /// /cto X100» _% *• >-7-?2 J-' ■ „<f; ’r-^ T •* F?.'. '•;■<•■ HARDCOVER CALCL'LATICH WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' f^CQ-lG0Q~2) Existing Hardcover in Zone r-’ . ■ - T S 1 V A.House X 3.F. *j-i? LENGTH width X S 1 F 1 X S • F i i^v % ■' • • X S. F .■ f iiT t,'; ff .m' ' • X • S. F, 5. 1 * M Garage X =S » F • c.Driveway X = /opo S . F , ■ -'iS -:i%v Hi ^ ' ■' ‘ •>..:T''- ; ■ , > X S.F. D..: • •• S idewalk 'X —S . F . L '■ ’ ( , -T ‘ . » ,)■•• • X S.F. • * « • X - S.F. E.^ATIO/ )SCK •X S.F. 7ir ‘- -...■• V. 'rkv,F.Landscape X ........ • S.F.I-4'.:. - • Pifc■1 P:h.. >. AREAS UNDERLAIN BY X _S.F. PLASTIC----------- SHEETING - • ■• X _S.F. S,\,v * X S.F.fclK ^‘-.•m-k.. i0f m- ■mIj'% . • G. Other X =s S.F.• H. * * ^ Total Hardcover • IN Zone /3*/6 S.F. Total Property A rea IN Zone }) /OO t S.F. /jViS' ~B /oo_ X 100 “ 4^* ^7 # • •< « . » - V.’ ,iir^ • i P-te>.^rx,pi'i- rn%'' il^.- ^5:- PM pp: m. %■ftr- ;^i'x ■ ' • ' •' .'■iSJ';' . rbJ;- W i r -M M& - ■r^-f. ^ij- M- A vM ■ >?■? , .^r • •feK' ^■ % » -V p, n )p ■ ■ fc-v- Uv : ;e:^ •Vm liM'''--m.m P' t- -^ NP i«^-Sfrf,E-»; wfeiw' iP m^-. wrR:-I. f- EXHIBIT P TOx FROM: DATE; SUBJECT; Jeanne A. Mabusth, Building & Zoning Administrator Stephen Weckman, On-Site Systems Manager March 12, 1992 #1721 Albert D. Hanser - Subdivision - Septic Review Soil testing has been completed and a report submitted to the City for review. A five lot subdivision is proposed, including one existing residence and four new building sites. I would make the following comments: tot 1 Lot 2 Lot 3 umm.i a^a- Both the main residence and guest house have existing septic systems which appear to be functioning adequately. Slope at the tested sites 0-4%. Percolation rates average 8.1 mpi at 16' depth. Depth to seasonal saturation (mottling) is 2.3-2.5'. Due to shallow seasonal saturation, both sites require mound drainfields. Topographic location and site drainage is adequate. All setbacks meet Code. Slope at the tested sites 0-4%. Percolation rates average 8.8 mpi at 16" depth. Depth to season saturation (mottling) is 2.5-2.8'. Due to shallow seasonal saturation, both sites required mound drainfields. Topographic location and site drainage is adequate. All setbacks meet Code. Slope at the tested sites averages 3-9%. Percolation rates average 10.6 mpi and 2.3 mpi at 16" depth for *the primary and alternate drainfield sites respectively. Depth to seasonal saturation (mottling) is 1.7' in the primary site, but not observed in the alternate site. Both sites are acceptable mound sites, however the alternate site may allow a standard trench upon further testing. Topography and drainage is adequate. All setbacks meet Code. .7 ‘ '*'. ■ v2&' • ,• * feM' MemoMarch 12, Page 2 1992 Lot 4 Slope at the tested sites averages 0-6%. Percolation rates average 18.7 mpi at 16". Depth to seasonal saturation (mottling) is 1.5-1.8'. Due to shallow seasonal saturation, both sites require mound drainfields. Topographic location and site drainage is adequate. All setbacks meet Code. Lot 5 Slope at the tested sites averages 0-7%. Percolation rates average 12.9 mpi at 16" depth. Depth to seasonal saturation (mottling) is 1.8-2.3'. Topographic location and site drainage is adequate. All setbacks meet Code if wetland level is 932.3 (the culvert under the railroad may become plugged resulting in a 933 elevation based on ditch outle- that drains to Tanager Lake wetlands along north side of railroad track). Summary Soil testing indicates that all five lots have acceptable primary and alternate drainfield sites. The existing septic systems on Lot 1 appear to be functioning adequately at this time and alternate sites are available for each, however the guest house system must be located to determine conformity. Also, all lot lines and drainfield sites must be clearly marked at the time of final plat approval. m--' ■ii''- ■ fe"- ■ -.f . ' f- V . •. ; v^fr v ■ y.^- ■■a-' ^ t- r\- 5;’-^ ■_- V. i'l A? '-. ■ '■‘i'.ii'’*' im: r-';S^:‘- 9:i . V », *•’ -i-i f)! 'u' . ■Srr ■ »■- <P='V. fif' ,?i' V.- • •• •• • ■ ■■ - * ^4'- M /I gifi Bonestroo V-. ' ra-A-5-' ■ML 5 Rosene ?#«■■■ ‘IF ■ Anderllk& %■ - A';-r* ,\\1 Associates :frv Engineers & Architects Oiro G 9<y'esrDc ’E Xi3Ct3r> C APirtk *£ yir i 5o-'vrf*^ •*£ E '^rrf»» i>F G^n 9 Coc« •'E '•VD'^as £ Nf?v^ ^£ JO van V A Gor:jr> «x:’^a'T3 W ®E ^ B ou'.tcx ' *’’£ Mjf« * Divx: O uCi*'.x<a * * A ’^0#t1 '■'E >y's*‘' ‘ ?vi*:5jrr^ ^E >G K '•"cmrfs A p.- ,ar»'<- 9 M^^ 'O ®E i^fnntt^r^ P AnOPf%C^ ‘^E Ma-« 9 «on **£ Wv-^i £ A *“£ > £ jje" r • •'^*- \1.V* A >*t -’^.* =■* Vlj'» D '.V-.4 ‘'^ ‘’t " mas •» * • ®E '.* j« 9 **E G-'avr< iH <*€ »<»r»r e »* *^"Z'^ ^ ' A A,gnt V M 9ir\g • i ^ P G *V t?v *' *>C Cr* **c 0*»v ^ ®€ Ga^\ V?y'<pn PE • 4}?^'^ >* P£ « 'jca Mc^ je* ** 9an> ‘^E A ti'CKVO^ -*3i Jtr V* CXsor* March 6, 1992 City of Orono Box 66 Crystal Bay, Minnesota 55323 Kt r.Q Attn: Jeanne Mabusth Re: Abcrt Hanser Property Our File No. 139-1721 Dear Jeanne: We have reviewed the proposed bubdr.isi»u) for the Albert Hanser property. The existing water elevation north of the tracks is currently at 932.5 due to a culvert that is partially plugged under the Dakota Railroad line. The water elevation is most likely controlled by the low track elevation of 933.8 rather than the partially plugged culvert. There appears to be two choices for determining il.e dry buildable land on the property. The first would be to accept things as ♦lev are and consider the normal water elevation to be 933.8. 'iJie second would be to try and control the norma.’ water elevation at some lowei elevation that most likely existed at one time. This option would require replacement of the culvert under the Dakota Railroad and possibly some ditching between Lake Minnetonka and the Railroad. We will need to meet and review this issue further with John because the ultimate decision eftt J Fox Street. Please contact this oTice if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:dh .• Vr%.- - ^ 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 I efp vJ^‘^^J6<250AST /O IT’-;-f (Dra3 m<£)z- un- 2 3 // A ft: -ff' r:;-- 0* f»s z3 ft o £T.^- ^0> /+ / o«at: LU<;a X oz < mm •o o o I •ifz • s ?! eIS •'. 5 In j> • > '1 e-^-W. i^5( .Z- C , 2-,tj3 iNi/ ei.eV- u 5 ^ k''Ki^»c A :?■- -f K. ;’T V^uS^ 4- 3c) :d yL )" ■“^ 1IK - S 32<S “ uwArenZ, kJ ■ ''Pb " ^3 Ir ^ t-o< /a TfT^- ^ ^^ — / 3» i ‘=55:5 a T . I? <=»^v^='^2. CvjUv/blrZT p/ T^lzic 1#"' ,:#T y ■■■r 1 « if- ^ , ■>< ' ^ 'tr Bl.-; mp “X t.fe, •r^ '^'V •^V,.r; f,Vi. tf. >■*' i.h'- '^^:■ /.vA*. BIVy?- f’"' ■•• f • •' COFFIN A GRONBERG. INC. sunvcvmo. moMinmo ano land piannimo««a-A TAMANACK AVCNURLOHO LAKE. MINN. SSSS* 4T3-414I 3-9-92 City of Orono P.O. Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth RE: AL HANSER SUBDIVISION Dear Jeanne: Last fall when the water level was q'..ite hi:h, we shot elev ations on the easterly Hanser we*-lands and found that the water level was at 932.3. On February 2’, 1992 when the culvert under the railroad tracks was being unplugged, the water level had risen to 932.5 while the wetlands to the south of t.ne tracks was at 931.2. Today, the wetlands to the south has drained down to 930.8 while the^Hanser wetlands is at 932.1. Thus, with the culvert currently working, the water level in the Hanser wet lands has dropped 0.4 feet and will continue to drop. The overflow, which could be lowered, is in the north ditch of the railroad tracks at 933.0 at which point water would flow west to the Tanager Lake wetlands. As shown on the enclosed road plan, even usinq the high 932.3 elevation (the 10U year Lake Mtka. flood plain elev. is at 931.5) allows more than enough room to construct a roadway along the present driveway and still meet the setba-'^'^ requirements. If you have any other questions, please contact me. Sincerely, COFFIN 6. GRONBERG, INC. Mark S. Gronberg m Gjosr»uu!W ;o ejc;s 3 C/a;?i nm fr.*^tti-i ------------- SPi•iwjf-:*p:;fe •■' .j - S V - « ... uWv\V v>:•••\ B^' %: * v ■ ir- 'r; . T ON 01V13 v:’ y h\3^\ ; : A*- » t : ♦ : * »♦ •••s*»..................................j*••?•«•«.......................* ...................................nmnn »*««#»«lkm^ •«••««*«« i :\ \ :: I \• ••*•* •• . >«»*•»«•••«I %%»•«♦#<%' >\ VjD Ui in .: 33 o < . •«*:•■•♦••••«»•••■•«*—• F! :< Ul 4 Ulo i. : : ; : . • : ^ : ♦ • n«4«« j ^ M i : ; : ■ I: i ! : i■. i • \ I :]\\i : i I ?•:::. : • • J ■ ; r : T-' \i { : 4«4*«« »•«••! 3i o ■n^-4*- P P O 2 \ « I I t 7 T Ml :l !/";■i-¥.v,;j'ni I • ■ ♦fi-'T Tpr.*■> • * •• •-. . •♦••;• •• •• *1*5 P! I-X- • 7* J..« • . • • • • •• *;i;t ! . I . . f. • . * ^ • i * • • • • i ; : I : : : ■ :4*»*» .•#* 5 n :: i : I i: : : f : 4 • • f »: : : I : : : t I :f • • 5 • : 5 : iMMi 5 :::: : • • • • 1 1 ; ! I 1 I t . . ..................... .................................• : J 2 I * * • '• • • * * s : ; ; : • . . :: l : \ : t \ : • : ; : •. • r I.............................................................................................5:: M = 5 : • *...*................................•........................ : : : : : : : i:: : i ft • ! ft « 5 i i ■ : J : :• • : : • ♦ M I :i i i i : • •••••• * ft ftPn)< R 4ft •• •• 44****** r* * r*** * *r ** n 0 JC w ’ ft • ft : : i ; ft ft * ft: • u» jjj « •»••••••'••«••••••••••••••••********************* *“ f»*5«*»*'***** ^ ^ [- •ftft.ftftftft • • • •* * • • »ftftftftft*ftftft •♦•♦••ft » ftftft ft ftftft • • • J.; is:*'■ V * A WM. iM‘ * . -7-r/ TV «or»TTiia>in^ NO 101 r SECOND SERIES itn o^i^S L tab ET shihg regitlations ^ MANAGEMENT OP SHORELANDS j n citv of Orono ordains as follows. The tU oJonc is a..er.ded by addin, Ordanar.ee Ho. lOlf Second Series:\SJLp ”* _ in sfi is herebv added to the Municipal8«c^on 1. Section 10.56 is nereo. Xening Code as follows-. grr^rtM 10.56. SHORELaSD MAHAGEMENT Subd. 1. Statement of. Purpose ^he^purpose of^this ..ctlon,.ts to \\\ Plte^ubdiUsiin, use and development -_n bv providing for the wx -t-hat exist withxn the City s .rf^’shorelM^s abutting P^^^^^^rrecognires that the acate boundaries. The City ’ neoative imoaot on not onlySS?Md development of =horelanas has a negati ^creational, quality of of shorelands and the waters they :S^rSS^r^hT.Ve°=Tffo intent of this section is to: , e . _ _ _ ^ T A. P^°^®‘^^p-V^®w''y^allowing^dev^ cf uses in St ShtltltSS*2rtafihich%re Compatible with Orono's Comprehensxve Use Management Plan. Stir |t,\\tynld^thSl^^^^ 'alues of Orono's lakes. subd. 2. Statutory Authoc^zat^en.^^Jh^ irdlnance is adopted Chapter 105, Minnesota .attained iSartt^YiriVoO-VuO?3Voo; and'Ihe planning and toning SSiltnVglslaVion'in - ______— subd. 3. P«“-^i?”;his°"seVt!on^1ia\“b"e'in^ Lll b^interpreted so as to 9^7® ?his ordinance its most 2;t\S%tS»o^«s.ge and so^s t° section, the words eaaonable application. For tne pu^ permxssive. All Ku;.*,*.'! ■»>: - orizontally. 1. "Animal Feedlof - th*e^ confined mnbination of lots and ^ailding^s^ anten^^^^ specifically Bedinqr breeding, raising which manure may accumulat , ;“gn.d as a VnlLis i = »“=" vegetative cover“rotn*e ri““a"fllt°eit^.irt?e^n=losure. For purpose of ,thi k:--- ' V.. . i 'i •vj .! <' ' i ■> -''•V-V.V ’• i ■■■■..•: :i '■■■JtM,,"v;; '\ ! Code, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered as animal feedlots. Pastures shall not be considered as animal feedlots when the area enclosed as pasture is equal to or greater than 1.0 acre per animal unit. ^ ” -----------------— — -----CL J CL LLJim ^ M f K cliff, or embamJcment having the following characteristics (an area with an average slope of less than 18% over a distance of 50' or - - _ _ . . A ^ m Am m 2. "Bluff* - A topographic feature such as a hill. more shall not be considered part of the bluff): shoreland area; A.Part or all of the feature is located in a • B. The slope rises at least 25’ above the [ Ordinary High Water Level of the water body; y/'Toe of the bluff" means the lower point of a 50* segment with an 'faverage_ slope exceeding 18%. "Top of the bluff ” means the higher C. The grade of the slope from the toe of the bluff to a point 25' or more above the Ordinarv High Water Level averages 30% or greater; and body. D.The slope must drain toward the water point of a 50* segment with an average slope exceeding 18%. 3. "Bluff Impact Zone" ~ A bluff and land located within 20* from the top of a bluff. 4. ^ "Commercial Use" - The principal use of the land and/or buildings for the sale, lease, rental or trade of products, goods, and services. I--"' 5. "Deck" — A horizontal, unenclosed platform with br Without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site. 6. "Duplex, Triplex, Quad" - A dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities. 7. "Dwelling Site, Transient" - A designated location for temporary or transient residential use by one or more persons using ten^orary or movable shelter, includina camping and recreational vehicle sites. 8. "Dwelling Site" - A designated location where a dwelling unit is intended to be constructed- 9. "Dwelling Unit" - A building or a portion of a building designed or intended to be occupied" exclusively for residential purposes, including provisions for sleeping, eating, cooking and sanitation for not more than one family, but ‘not ^ i , , .ii .! ■ V •' -^1 r • . nSf "rti 1 erT t sT«bins rooms. Statutes Sections 93.44 - 93.51. 11. "Forest Land Conve«icn"^_^- The S^^Ssu'slunent ^of rs4"s?/uent forest stand . 12. "Industrial Ose" - The use of land for the -production, j;“oth°er" whole'sof goods, products, commodxtxes, or 13. "intensive Vegetation Clearing" - The removal of trees or shrubs in a contiguous patch, s- block. 14. "Ordinary High Water ^®Yl^ bl°an ^elevation boundary of p^lic ™ters and beLi maintained for adelineating the highest water level whicn^M^ landscape, sufficient period of tine t° 1 natural vecetation changes from commonly that P°^"t where the natura^^^ terrestrial. For prsdominant ly aquatic ^level is the elevation of the watercourses, por reservoirs and flowages, the top of the bank of the cnannel. . elevation of the normal ordinary high water level qhwl” has ^been determined by thesummer pool. /®!\5natea bee Minnesota Department of Natural Resources as shown in Subdivision 7 of this section. units or sites to Two types of POD are providedof structure types and land uses. yt" for in the zoning code: SjSr‘.rSh."sss.i»? ■« « areas within the Highway 12 Corridor as housing types and The Highway 12 PHD offers ® via the densities. Note: ^?. c^oreland Overlay District.Highway 12 pud are within the Shoreiana uveirj.ci:y - 3 i J jV»16. "Public Use" - The use of land by the general public or by a public agency on behalf of the general public, for any purpose. 17. "Public Waters" — Any waters as defined in Minnesota Statutes Section 105.37, Subdivisions 14 and 15. u 18. "Semi-public Use" - The use of land by a private, nonprofit organi2ation to provide a public service that is ordinarily open to some persons outside their regular constituency of the organization. U & 19. "Sensitive Resource Management" - The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurence of flora or fauna in need of special protection. 20. "Sewage Treatment System" — Septic tanks and a soil absorption system or other type of on-site sewage treatment system as described in Section 12.30 of the municipal code. ?V'', 21. "Sewer System" - Pipelines or conduits, pumping stations and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point cl ultimate disposal. h fr:-' V,, !■'' J.- ■ 22. "Shore Impact Zone" - Land located between the Ordinary Eigh Water level of a public water and a line parallel to it at a setback of 50% of the structure setback. 23. "Shore Setback Zone" - Land located between the Ordinary High Water Level of a Public Water and a line parallel to it at the structure setback. 24. "Shoreland" - Land located within the following distances from public waters: 1,000’ from the Ordinary High Water Isvel of a lake, pond, or flowage; and 300' from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. Where topographic divides occur at lesser distances from the involved water, the limits of shoreland have been modified per the official map entitled Shoreland Overlay District on file at the City offices. 25. "Significant Historic Site" - Any archaeological site, standing structxire, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by hhe Minnesota State Archaeologist or the Director of the Minnesota f-' •f ■‘.-V ..... t* Historical society. All automatically considered to be significant historic sites. m 76 "Steen Slope" - Lands having average slopes of X8» or greater^- horizontal distances of 50 or more, that are not bluffs. kof business. tV 2fl "Variance" - Variance shall mean the .1.. 1. i. «i»n..o« «•«»*•■ 462. 7a «water-Oriented Accessory Structure or Facility - A smVll, above ground building or ,=ther^- reasonably needs to such structures and Slcmti:s “ olull boathou^ks, gazeb^’cs. screen houses, fish houses, pump houses, and detached decks ,5* 25. "Wetland ” - Shall have the same meaning as defined in Section 10.55 of the zoning code. . j • —4.4 nrovisi-ons of this ordinanceSubd. 4. Jurisdiction. _ wat«r bodies as «h-ll aoplY to the shorelands of the puolic wat.r classified in Subdivision 7 of tnis ordinance. Subd. 5. Compliance. useT^sizef type and waters; the size and installation and maintenance or location of structures on ^t^4 the grading and filling water supply and waste ^irig shoreland vegetation? and of any ^hLll be in^ full compliance with the terms the subdivision of this section and other appiicaoxe subd. 6. E"f«””®?^;tion%nrk"r!for1:em«^^^ failure to comply with °/^f.ds established in connection violations of conditions and , uses' shall constitute a 3ith grants of variances by law. Violations misdemeanor and shall be whether or not a permi^ ;; i5&;g"?.*;v :s.”A ^ •>' this section. tri* :iS\"he%“oreoted^°Wa"te» livento^ for Hennepin County, ■ ■ S’ p®# ■ 5 •i ;ii Minnesota: o' i«e' ’>,;*■ '*W':Wm 'Tt i- m: ,j‘ V ' 'K.'v- ■' V -ti Nat^gal Environment (NE) Lakes Lake Classen Dickey Lake French Lake North Basin: Sewage Lagoon: South Basin: Lydiard Lake Lake Katrina Wolafeld Lake (Medina) OHT'TL Protected Waters Inventory I.D.HW' 974.5' 985.5' 162-? 161-W 140-? 930.5' 934.3 ' 930.0' 970.9 159-P 154-P 157-P f -B. mII. ^if Recreational Development (RD) Lakes Long Lake ~~ Mooney Lake Tanager LeUce Hadley Lake (Plymouth) OHWL Protected Wat-irs Inventory I.D. # 944.3' 988.0' 929.4' 961.4' 160-P 134-P 141-? 109-P ■H, Ife' ■ General Development (GD) Lakes Forest Lake * Lake Minnetonka OHWL Protected Waters Inventory I.D. # 929.4' 929.4' 139-P 133-? S• Tributary Streams 1^,, Painters Creek Stubbs Bay Creek Long Lake Creek Wolsf elc Creek Dickey Lake Creek Subd. 8. Establishment of Shorelar.d Overlay District. The Shoreland Overlay District is hereby defined and established to include the following lands within the City of Orcno: A. All lands within 1000’ of the Ordinary High Water level of the lakes classified Natural Environment/ Recreational O«i!velopment/ and General Development in Subdivision 7 of this section. The Shoreland Overlay District includes lands within Orono thnt are located within 1000' of lakes located in adjacent cities, namely Hadley Lake in the city of Plymouth and Wolsf eld Lake in the city of Medina. I ■■ ? B. All lands within 300' of the Ordinary High Water level of the watercourses classified as tributary streams in Subdivision 7 of this section. Where the flood plain of said tributary streams as defined in Section 10.55 or as defined elsewhere in the Orono Zoning Code extends further than 300' the Ordinary High Water level, the boundary of the Shoreland Overlay District shall be extended to include those areas designated as flood plain. Subd. 9. Interpretation of District Boundaries. In their interpretation and application, the provisions of this V? •' ft ' r ' n'vv ■ e '• 1 ;liife %■« action shall be ^%"\"he"cltrand liberally power J granted by State Statutes, limitation or repeal of ^ overlay District shall be Jhe boundaries of the |the official map. Where determined by scaling exact location of the boundaries interpretation is needed a official map, the City EngineerS the district as °n the officiai^^ W ordinary High shall make necessary ^"^'^^^tinc the location of the district Water level. The ° .-Enable opportunity to present his ^2s%”^V’the‘‘Uty'=2nno s S.M. 1.. una « m A permit is required for truction of decks and signs, additions, related work ^® treatment systems, grading and installation activities as regulated elsewherefilling activities, and other activir-e the City of Orono Municipal Code. Subd. 11. f icate^'L^^ Administrator shall issue ^ specified in Subdivision 10 of each activity specify that the use of land this section This s o- this ordinance. Any use, conforms to the variance with that authorized by arrangements or violation of this ordinance and shal l:STtLb^^‘“s lro1^Ted^n Subdivision 6 of rhls section. regulated in the zoning fo —-allv recommended denialthl oepartment of Natural Resources has £o all variance in%ha%earing record, the^notr^ ais- include the Pla.nntng Co'S ’oisliiorVn ” City flct? and conclusions which ----------- - ^ Subd. 13. Conditional ^^es.^^ to^ the^ reView^ within shoreland ®/®®®^^nd conditions for* review of procedures, and criteria ana conux following additional S^restablished in ^^® /^“^SdiSons® ape 1 v w^hin the Shoreland •valuation criteria and conditions ap.-. . overlay District* A. Evaluation Criteria -”i 1. The prevention of after possible pollution of public waters, construction ; 2 The visibility of. structures and other facilities as viewed from public waters is Ixmrted; 'V ■ 3. The site is adequate for water supply and on-site sewage treatment? and 4, The typeSf uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accomodate theat watercraft. >. B. Conditions Attached to Condi tion.rl Use Permits. The City Council upon consideration of the criteria listed above and the purposes of this ordinance, shall attach such conditions to the issuzmce of the conditional use permits as it deems necessarv to fulfill the purposes of this ordinance. Such conditions may include but are not limited to the following: P;--;Water Level; 1. Increased setbacks from the Ordinary Eigh v: be removed planted; 2. Limitations on the natural vegetation to or the requirement that additional vegetation be Vi ff: 3. Special provisions for the locations, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. J': Subd. 14. Notifications to the Department of Natural Resources. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under this section must be sent to the Commissioner of the Department of Natural Resources and postmarked at least 10 days before the hearings. Notices of hearing to consider proposed subdivisions/plats must include copies of the subdivision/p 1 at. Upon final action by the City Council, a copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under this section must be sent to the Commissioner of the Department of Natural Resources and postmiarked within 10 days of final action. Subd. IS. Zoning District Compliance with Minimum Requirements. The zoning district standards of Chapter 10 of the Orono Municipal Code currently comply with the lot size, lot width, permitted use and conditional use standards set forth by the Department of Natural Resources Shoreland Management Regulations, MR 6120.2500 - 6120.3900. The following City of Crono zoning districts are partially or fullv located within the Shoreland Overlay District; />;• 0 ir LR-IA RR-IA B-1 LR-IB RR-IB B-2 LR-IC RR-lB-1 B-3 LR-lC-1 RS B-4 a-5 I' vtvy r'.. The following Orono zoniiig districts are also potentially m. r.'■ '• available for use within the shoreland areas: B-6 PUD R-IB R-IA Any future changes within the zoning districts listed % above shall meet the DNR regulations effective 7-3-89. ? •*« s: applies• I' A. Minimum Lot Area/Lot Width Standards. Mini”™ lot area and lot width standards of the underlying zoning district shall applyf with the following exceptions: 1. No lot within 1000 feet of a General ISSdVrrs? s^A %”e^ fers-tqn^!3 /?e^er 26f000 square feet in if r-parian# nor less i a . / feet in area if non-riparian. 2. No lot within 300’ of a tributary and approved for duplex use per Section 10.20, Subd. 3 (I) less than 150 feet in width w'- .n -o sewer is available, nor less than 115 feet in width when sewt- j.s available. B. Lakeshore Access Lots. Lots intended as Srn‘or4irarran^ i" suldrvl74t°"ar\^%^^rm^°s^ “b\% Ll“must «eet the following minimum standards. 1. Any such lakeshore access lot shall be designated as an outlot, and shall not be considered as a buildable rasidential lot. 1 1 nofc cixcG0cl tliG nxixnbsiT obt3.xriGd by QivxQl 9 ^ • a. • t z-%4- 3. Such outlot shall be jointly owned by all owners of non-riparian lots in the subdivision who are provided riparian access rights on the access outlot. 4.. No such access outlot shall be b*;=arex1 ’s%"ig aroft\i “^fect^rd^ft°hls^4dlnfnrer. te. 3^ •' % . .4i fm":V.':mi ■initruxnents must be ^ Activities are allowed, authority to use the access storage, Tha activities, may other outdoor b**<*in?, mooring, or T y conflict with rmerMtlonal activities^^ water or the enjoyment of normal ganar^ "vf® adlacen/froplr^rowners. Examples of the non- propa^y activities include swimming, sxinbathrng, or HtSioinr the total number of vehicles storage buildings, and other fa nractical from view from the vegetation or topography as much ?® >ns Such covenantspublic water, assuming summer, leaf-on conditions. .ucn co are subject to city approval. C. Placement of Structures on 3'°*s. When more ;Tlorte’d"tlteeTa\"!%eVao*ht^^'s^^rof^^^^^^^^ looted as follows: 2., structure and On —srte Sewage System Jetbacks (in feet) from Ordinary High water Level: Setbacks W$' ,3'_; ■ _ Public Wa Classification NE RD GD Tributary Structures Unsewered Sewered * Tso 100 75 100 Sewage Treat.T.en S’/stem 150 75 75 75 150 75 75 75 ....Win, iii lassification of the water body; 'jj. Setback from; Top of bluf^ Unplatted cemetery Right-of-way line of federal, state or county highway and local public and private roads Setback (in feet) 30 50 30* ■ ■ * zoning districts. 3. Bluff impact zones-Structures’and r. 1* ; a' •• .i ........m • •1 i t-les» except stairways# landings# ^SSrnSfbl liLed within bluff impact zones. and lock boxGSf aormal ordinary High water vegetation or topography, screened from view from the water by g essuning summar, leaf-cn conditi VnV.i“,r.fA/€r£n¥£SS^^^ b"l"pla"^ed ’wittin the shore setback zone. or accessory structure ®ine^lhaS the average distance from the shoreline^^o^ buildings on adjacent lots# , _„eg Further# the averageStiirw^ls, lifts, and lockboxes. .^Fur i:,;a£s‘S5iJsi'S ”u. a'Hii«"w •<»«•"« D. Minimum " Ve^larDl’str^ir^hich^^^^ structures located A*’® _®^;^ftions of Section 10.55 of this subject to the flood elevation consistent with the ordinance shall ^he regulatory flood protection requirements of that sect . forth in Section 10.55# Subd. elevation shall be established a ^ within the Shoreland 7 of this code. \ lowest floor, including basement,O’Verlay District shall have their^^^ ^t^^ regulatory placed at an the regulatory flood plain protection elevation. thrminimum elevation at which the cannot reasonably be detemined# placed shall be determined lowest floor# including basement# may oe y as follows: 1 For lakes, by placing the lowest floor^at f.e\-7bU%ie“frdUry%fgrwa^^l £tl^!?M5?ch ”2v:r is higher. E. water-oriented ^VYocated* nearer the »at«r-oriented a==®®=°ty ftructure^^ll^ structure setback as ip«tified“i?*'this s^ttion Shamil bej Yn^heYght! Such a ;?“”urrrequi«s%"uilding permit from the City. Miyf fe ll iFi1 -i F. Stairvays, Lifts and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and landings shall be allowed in the shore setback zone and must meet the following design requirements: in width. 1. Stairways and lifts must not exceed 4 feet 2. Landings for stairways and lifts shall not exceed 32 square feet in area. 3.Canopies or roofs are not allowed on stairways, lifts, or landings 4. Stairways, lifts and landings may be cither constructed above the ground on posts or pilings or placed 5*into the ground, provided they are designed and built in a manner i that ensures control of soil erosion. M'5. Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf- dn conditions, whenever practical. «v; 6. Facilities necessary to provide shore area access to physically handicapped persons shall be allowed provided that the dimensional and performance standards of subitems 1-5 are completed in addition to the requirements of the Minnesota Regulations, Chapter 1340. 7. A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. G. Steep Slopes. Any applicant requesting a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, shall provide adequate information to allow the City to evaluate possible soil erosion impacts and development of visibility from public waters before such permit may be issued. When determined necessary, conditions shall be attached to issued permits to prevent erosion and preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. H. Height of Structures. No structure within the Shoreland Overlay District shall exceed the height limitations set forth in the standards for the underlying zoning district. f: ■ & I. Vegetation Alterations 1.No live tree within 75 feet of the 32 . .n ifV- I shoreline with a abo^ ground may be circumference or greater) m ^ ^ r^Ar-mii- from the City staff '•“*id«d that°^t leisV replacement trees n^^iirlojnd acceptable^to^the st^« -e planted aj i^:fnUl™i*=at/o'n: a Vo%TpV Sire and a y-|e^^ City staff prior to their removal. 2. Intensive vegetation clearing feet of the shoreline and on steep si ope o/shrubs and Overlay District is prohibit.^ Limi cutting, pruning and trees less than 6 inches in «noved to provide a view to thetrimming of trees of any size is all ow^d^t ^p^ accomodate the water from the principal lant^inas cicnic areas, access placement of permitted stairways and "permitted lock boxes, paths, beach and watercraft access areasvehicles or other provided that the screening o. structures leaf-on facilities as viewed from the water, assuming conditions, is not substantially reduced. ‘H J-Topographic Alterations/Grading and Filling y- v~:- 1. Grading and filling and = necessary for the construct permits tlr these facilities do not “%"^\"drno and filling grading and ^^ ^ ""f ir Construction of structures, sewage ?nttii^"ntTy ”"e"m"s,'“rdilireUyr adhere to the grading and filling standards of this section. 2. Grading, filling and = thi 3 Public and private roads, parking areas, and p^lic o- private of lit pShric"wat«;‘'erum*era"ted in J, bt^suljlft^o t,“ rel^w snaxi take into account the following consid a. Such improvements shall to take advantage of natural vegetation and topography to achie nSxSm screening from view from publxc waters. b All roads and parking areas shall be 5Ut?s “^ofsirteirwTtt te""rtg^^ jurisdiction. 13 t- V ’ '* -*v 1 ’ . }:r%’4. Except for those projects requiring permits for constniction of structuresr sewage treatment systems, and driveways, a land alteration permit will be required as follows : a. For movement of 1-100 cubic yards of material anywhere within the Shoreland Overlay District, a staff issuiKi lemd alteration permit shall be required. b. For movement of more than 100 cubic yards of material anywhere within the Shoreland Overlay District, conditional use permit approval by the City Council is required in addition to the required land alteration permit. ' 5. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: a. Grading or filling in any Type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: (1) and retention; (2) Sediment and pollutant trapping Storavie of surface run-off to prevent or reduce flood damage; (3) (4) (5) (6; Fish and wildlife habitat; Recreational use; Shoreline or bank stabilization; Noteworthiness , including spe cial qualities such as historic significance, critical habitat for endangered plants and animals, or others. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local State or Federal agencies including but not limited to watershed districts, Minnesota Department of Natural Resources, or the Dnited States Army Corps of Engineers. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare groxind is exposed for the shortest time possible? c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; d. Methods t imice soil erosion and to trap sediments before they reach any surface water feature must be used? 4 ‘ I > t 9 e. Altered areas must be stabilized to .ccptable «osion control stand^ df«r?=tTi!?d^ ?Jfited States Soil Conservation Ser-.i=e; ■L: u\ £ Pill or excavated material must not b* placed in a manner that ’creates an unstable slope; 30% or greater; Pill or excavated material must not be placed in bluff impact zones; ?t^i:;i"er“:f“\he%lpart^enr:r.a««fR”^^ Statutes r Seciton 105.42; k Placement of natural rock rip rap, inol.ai»? ...aai.t.* .......................... placement of a does not exceed filter blanket, is permitted landward extent of the 3 feet horizontal to 1 p^ah Wat«^ Level, and the rip rap i/ within 10 Je®"or dinary Hi|h Wat;; Level does notrip rap is within 10 feet of the Ordinary Level does notthe rio rap above the Ordinary Hicn wate. ^height or me rip ia^/ » +• e;hr>ll be obtainea per ^ne «|uirVentVoi Sect“o"n Yo%!. Subdivisions 22, 23 and 24 of this soning code. boat '.ipa, =““!»'>*5°^''%, “e'^^^^valiins below the elevation orOrdinary High water Level. Such ex avations ^ o^al of the the ordinary High Water Level are other agencies with Department of Natural Resources and otner g concurrent jurisdiction. V storm water Management. The following ge.ne; le?ti\\“''fo."l5 Ind'OrVn'o^ Mu^lcirarc^d:: A _ A_ il ds ^nV;ry?TtVr.?"i “tVr s%°oin ’w"a\“er%uroll “belo^l discharge to public waters. 1 r j run—off volumes. Disturbed areas must be stabilized and protected ns soon as possible and facilities or methods used to retain ssdlment on the site. 3. When development density, topographic fsstureSf and soil and vegetation conditions are not sufficient to sdsquateXy handle stoxnn water run-off using natural features and ▼•gststion^ various types of constructed facilities such as diversions^ settling basins, skimming devices, dikes, waterways, end ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. I 4. When constructed facilities are used to [perfora. water management, documentation must be provided by a ;registered professional civil engineer that they are designed and linstalled consistent with the field office technical guide of the local soil and water conservation district. 5. New constructed storm water outfalls to public waters must provide for filtering or settling of suspended .jfolida and skimming of surface debris before discharge. L.Hardcover Limitations. 1. No hardcover or impervious surface shall jbe placed, located, or constructed within 75 feet of tne Ordinary igh Water Level of any lake or tributary, except tor stairways, XiftSf landings, and lockboxes as regulated elsewhere in the Kunicipal Code. i' 2. Between 75 feet and 250 feet: of the OHWL bhere shall be no greater than 2 5% hardcover. Between 2 50 feet and BOO feet of the OHWL there shall be no greater than 30% hardcover. Between 500 feet and 1000 feet of the OKWL there shall be no ^eater than 35% hardcover. i^lic Dses. M. Standards for Commercial, Public, and Semi- 1. Surface water-oriented commercial uses and public or semi—public uses with similar needs to have access to and tee of public waters may be located on parcels or lots with |rontage on public waters, if permitted by the underlying zoning ^etrict standards. Those uses with water-oriented needs must meet ^e following standards: a. Tn addition to meeting impervious leverage (hardcover) limits, se^’hacks, and other zoning standards A this ordinance, the uses must be designed to incorporate epographic and vegetative screening of parking areas and truotures. E b. Uses that require short-term itercraft mooring for patrons must centralize these facilities, and ■i"’' ym-' ‘I'«■ ■ 16 V «„ign them to avoid obstructions of navigation and minimum site necessary to meet the nee . to be the „ ..V...necessary to convey needed information to on p the following general standards: o r(1) No advertising signs-- supporting "messages may be rircrd\n^trin=ru^irc"2at2^:^|;i P^-ic authority or under a Permit issued by the County Sherifi.. (2) Signs may be placed, when n#eessary# within the shore ^^/y^neJded^inf or^ation. size to be the ”®^®^ftion and name^of the establishment They must only convey available. The signs and^he general types ofjood^s^ ^^^/o^ation such as product brands aSd^ prTcesr must not in^sizs, "if\lliSninated iril?tifT^iaTLgh\/r?ht -t - o: directed to pisvent illumination out across public wa.e... (31 The aggregate square footage of " (4) Non-sign related outs^i^ce lighting may be illuminate potenrial public waters only if it is u p ^ directed to prevent preclude U'a of navigational lights. N.Agricultural Use Standards. allowed in the Shore land Over y setback zone nor on st««P •ctlwity ehall f "="i steep slo es. shore setback zone and ■ 1«P«* or bluff Impact ’ ^ntained in permanent vegetation,bluff Impact zones shall be maintains p ______ standairds: 2.Animal feedlots must meet the following 17 i,m a. New feedlots, if permitted, must not hm located in the shoreland of waterojurses or in bluff impact ' 20nes and must meet a minimum " back of 30 0 feeu from the Ordinar/ High Water Level of all public ^rs basins; ana b. .lOdifi cations cr ey.'ansions to •xlating feedlots that are located within 3 00 feet of the Ordinary Blah Water Level or within a bluff impact zone are allowed if they do not further encroach into the existing Ordinary High Water Lever H^tihack or encroach on bluff impact zones. O. Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Non-Point Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota . P. Extractive Use Standards. 1. Site Development and P.estoraticn Plan- An extractive use site development and restoration pj.an must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and ticipateu vegetation and topographic alterations. It must also identify actions to be taken during ope-ation to mitigate adverse environmental impacts, particularly erosion, and must clearly e.xplain how the site will be rehabilitated after extractive Activities end. 2. Setbacks for Processing Machinery. PfOCessincT machinery must be located consistent with se‘-bac.< standards for structures from Ordinary High Water Levels of public waters and from bluffs. Q. Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water of the Minnesota Department of Health and the Minnesota Pollution Control Agency. R. Sewage Treatment. Any premises used for human occupancy must be provided with an adeguate method of sewage treatment per* Municipal Code Section 12.30. On-site sewage tro.atmcnt systems must be setback from the Ordinary High Water Level in accordance with the setbacks contained in Section 10.5 6, Subdivision 16 (C). Non-conforming sewage treatment systems shall be regulated and upgraded in accordance with Subd. 17 of this ordinence. S. Significant historic sites. No structure may be placed on a significant historic site in a nanne*- that the values of the site unless adequate information aoort the site bes been removed and documented in a public repository. "k ^' y- '» •',i‘f ■^v:v-v;:;k- ■I'.Subd. 17. N°"”“|°™^’'//Vhis*VrdinInce^ nonconformitJ js Vi® gt-tutes and as reoulated elsewhere insubject CO applicable State Statutes an following the Orono Municipal Code. in snor stiand&irds shall also applyi irors^ubdJvIsion * of the Orono Zoning Code. a B. Additions °ou«Tdrd/mensions Structures. All ?n„®^-acture must meet he setback, Sfig\"t;ii.*d"o"tLr"°?e°£AementI C. Nonconforming Sewage Treatment Systems. nonconforming sewage av* District must be upgraded and located within the Shorelan . cermit or variance t. .u’.«o„u,....... subd. 18. Subdivision/Platting Provisions. Platting cooes, rousu -“‘"rr. In analyzing the suitability proposed use with minimal al---.. shall consider susceptibility If !.nd for a specific Vf, nd^s'^ofl“and ^°-ations withof land for a specific use, the with II flooding, e.tistence of «®^_i.®f"%a°t'e e‘4s”on potential, steepsevere limitations for development, sewage treatment__ Lons i-wi s->=v^-.w--------- sewage treatment topography, i"®‘**.?“®*'*a„uat'V clnd*iti4s unsuitable for '«ter- caoabilitlea, near-shore aquatw. habitat, presence of bas«l recreation, li^ortant fisn and of the natural significant historic sites, the^health, safety or welfare of f^:t"u"re^t^:idU“s "o1 ^.?f”p^rUosld%\\d*'ivision or of the community. 4«4»onr*v with Other Controls. Subdivisions .ball conform^o Subdivision will not be approve . . would be needed to use the ■ora standards in the ^ In areas not served by publicly lots for their intended subdivision will not be approved owned sewer and water and sewage treatment unless adequate lot in conformance with Section ayateas can be provided for shall meet tha minimum lot 12.30 of the Municipal ^ forth elsewhere in the Code, slse and dimensional [aCm area, that is free of including at least a minimum ^ of two standard Uniting factors sufficient for the ,-equire use of holding soil treatment systems. Lots -ha. woux h 1 ^ J k'’tlAks must not be approved. i'C. Information Requiremenis. Sufficient information must be submitted by the applicant f-.r th City to make 41 determination of land suitability. Tn addit: i o information jf^0uij^0d b*' other provisions of the Zoning" and r .z ng Codes f the followinj information shall also be submitted: ; * X, Topographic contours a' 2 foot intervals Ihowing limiting site characteristics. r: Klnnesota Statutes Section 505.02, Subdivisioi h' shewn on platSr obtained from United States Geological .,ur-: qua--'angle topographic maps o ”^ x^e accurate sources. 2. The surface water feature'-, required in 3. Adecuate soils informatior determine iuitability for building and on-site sewage treatment ^abilities for every lot from the most current existing sources oz from field Investigations such as soil borings, percolation tests, or other tethods. 4. Inforp^ticn regarding adequacy of domestic fater supply; extent of anticj.c.<ited vegetation and topographic liberations; near-shore aquatic conditions, including depths, t^es if bottom sediments, and aquatic vegetation; ^d proposed methods for controlling storm water run-off and erosion, both during '.nd Ifter construction activities. ,v" " 5. Location of 100 year flood plain areas and iloodway districts from existing adopted maps or data. 6. A line or contour representing the irdinary High Water Level, the toe and the top of bluffs, and the linimum building setback distances from the top of the bluff and ;he lake or streaun. (i D. Dedications. When a land or easement tedication is a condition of subdivision approval, the approval luat prov..d^% easements over natural drainage or ponding areas tot lanagement of storm \rater and significant ./etlands, regulated in lection i:>.55 of the zoning code. E. Lakeshore Access Lots. Lots intended as .ccesses to public waters or as recreational arec ? j.or use by iimors of non-riparian lots within a subdivision must meet or isceed.the minimum standards set forth in Subdivision 16 of tnis ecticn• Subd. 19. PRD/PUD Standards. A. Types of Allowed Planned Developments, esidentlal Planned Unit Developments ("Planned Residential 0velopments” or "PRDs") are allowed in the Shoreland Overlay istrict for new projects on undeveloped land, redeve 1 op..4ent o "WijL-x ------ I; - ' * _ . *1 „ 'Ufi-i 1‘h sites, or conversions of existingr buildings end L«d‘’^“di%«IUs°\n°vhich they are an allowable use are «•**'* _ . . .. __e_____-•___#^o«r'-rint'inns in tneland. Land use aisrrxcrs in wnxv.u -*w -- r,r- 1, Rezoning to M“6 and development via the M i PRD shall not be allo^^ within the Shoreland Overlay District. B. Commercial PUDs. Commercial Planned i^it ‘ 0T-n»ents are limited to Icmd within the Highway 12 corridor as Set forth in the City of Orono Comprehensive Plan Amendment No. 2 May 23, lUl The following further restriction shall ^.epply: I ' nl triet shVll be°feveloped°Vilf a”co^erc\\\ VoD^^^ASy ..Overlay District sha __which would allow commercial r .ii ssy.v,5 s. i’si-.i"? s»»Y Si"-consistency with DNR requirements for shoreland areas. trVr^essed as a conditional use perr.it as required by the individual zoning district standards. i'".. *%i..lop«ent. ?he request: 1. A site plan and/or plat for the project showing locations of property boundaries, faci^Ttic^s^^^^l^ardhivAu:‘systeis will not be provided), and topographic contours at foot intervals. rf'V:2 Prooerty owners association agreement with mandatory membershipr in accordance with the requj remen this ordinance. 3. Deed restrictions, covenants, permanent easements or o her instruments that:I; a) Prooerly address future vegetative and topographic alterations, construction of additional bui ngs, »nA beaching of watercraft; b) Ensure the long-term preservation and maintenance of open space in accordance with the criteria analysis specified in this ordinance. 4.Those additional dociaments as requested by ' . . >• '!•■ •. * i I - • a V* 21 the City of Orono that are necessary to explain how the PRD will be I^signed and will function. i E Site "Suitable Area" Evaluation. Proposed new expansions to existing PRDs must be evaluated using the ;a 1. The project paicel must be divided into tiers bv locating one or more lines approximately parallel to a line that identifies the Ordinary High Water Level at the following intervalsp proceeding landward; Shoreland Tier Dimensions Dnsewered (feet) Sewered (feet) General development lakes- first tier General development lakes- second and additional tiers Recreational development lakes Natural environment lakes Tributaries 200 200 267 267 400 300 200 267 320 300 PS 2. The suitable area within each a^^eulated bv excluding from the tier area sll wetlands, u s and below the Ordinary High Water Level or^pub 1 ic waters. is uitable area and the proposed project are RD density evaluation steps to arrive at an allowable number or welling units or sites. F. PRD 'Allowable Density' Evaluation. The rocedures for determining the allowable density of a PRD is as ollows: 1, The suitable area within each tier is tvided by the single residential lot size standard of the adarlvlng zoning dis ict, yielding the allowable number of S:ii"^S\h"^"nLrL t^wro ll^nu^^er ^ slow). 2. Allowable densities or numbers of units •xcess fractions of units may be trans^rred ° ly other tier further from the water body, but must n ransferred to any other tier closer. 3. No density increases based on increased ltdaacks or other factors will be allowed. G.Maintenance and Administration Requirements. 1. Before final approval of a PRD, adequate rf’i'. ■ - ^0 '1. • \ * * ** 1^' . ^ ■ , _ • _ nreseiTvatioii and maintsnanca in continued existence and fuactioning of the development. BFEHSIfe-rr^ntf." .r. ;protections : a.Commercial uses prohibited. b Vegetation and topographic iterations other than routine maintenance prohibited. c. construction of buildings || storage of vehicles and other materials prohrbxted. d.Vncontrollec beaching of watercraft prohibited . 3. Development, ^ 2St:b”i“edr"wh\'n"lp|li=pi^^^^^^^ alisociation with the following features. Membership must be mandatory for each __ ^ .A. e ^ 3 C T mfiling unit or site purtkase^ and any successive purchasers b Each member must pey a pro ^ oe the Association;s expe^.es, and unpaid assessments can become liens on units or sites. c. Assessments must be adjustable to iccomodate changing conditions. d. The Association °"|tned [or insurance, taxes, and maintenance of all ^uoperty and facilities# H. open space Requirements. , PRO'S must contain ^en space meeting all of tL following crxterxa: 1. At least 50% of the total project area mat be preserved as open space. 2. The following items shall not be included n the computation of minimum open space: if a. Dwelling units or sites. b. -Road rights-of-way* c. Lana covered by road surfaces. > . i: II , *-vv. I $ ■ivl i -i V -1; i 'i /• :' .V T', 'r • >d. e. f. Parking areas.Structures. Commercial facilities or uses. |||, 3^ • *j«he following items shall be included in computation of minimum open space: ij; a. b. c. Wetlands. Significant historic sites Unplatted cemeteries. <i. Other areas with physical ^ra^eristics unsuitable for development in their natural state. e. The lakt»shore setback zone, based on noxsal required structure setbacks, must be included as open space. as regulated elsewhere in the zoning code. 4. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoi idverse impacts on the systems. 5, The appearance of open space areas, ^^cluding topography, vegetation, and allowable uses, must oe jreservcfd by use of restrictive deed covenants, lasements, public dedication c.nd acceptance, or other equally |ffective and permanent means. I. Erosion Control and Stormwater Management. Erosion control and stormwater management plans must be develope Ind the FRO must: Be designed and the construction managed •o miniBiza the likelihood of serious erosion occurring either urino or after construction. This must be accomplished by .imiting the amount and length of time of bare ground 'mBDorary ground coversr sediment entrapment facilities, vegor other appropriate techniques must be used t ilnlaise erosion impacts on surface water features. Erosion fontrol plans approved by the Minnehaha i 1 be required if project size and sit p y diaracteristlcs warrant ? and 2. Be designed and constructed to - ffectively Anage reasonably expected quantities and qualities of storm water 'Uii’-offe Impervious surface coverage within any □cceed 25% of the tier area except that credit for unused hard. •4>, • ' 1 i f4.' ->? ■i=' :• • * ^ T- 'allowance in tiers near the lake may be used in tiers further from ''" the lake. r J. Centralization and Design of Pao^ities. p' , * j ^a/-i 1 f-hies and structures must be done^ Centralization and design of facilities ana according to the following standards: >%;- • 1 PRD*s must be connected to publicly owned water supply and sewei Tesi^eranSand sewage treatment systems mus. be centraiizeo an y installed to meet or exceed Control Kianasota Department of Heal.h, the ^ ordinance. On-site Agency, and as regulated "n the most suitable areas sewage treatment systems must be of limiting o« the .development, and goement soil treatment systemfactors must be provided for a repxacemeni- for each sewage system. 2. Dwelling units or sites must be into one or more groups and exceed $SrLTiring"5!Lrsfonll “iV,n&s‘l."°the relevant shoreland classification: Setback from t.he Ordinary High Water tevel • b.Elevation above the surface water features c. Maximum heigh or other relevant factors. chall not exceed the number ofwhich may be granted lake access shall under a riparian dock slips or standard subdivision. ^Tne aixowau units or sites shall moorings and the designation moorincs shall be subject to have the right to use those ^ covenants governing Council approval and shall be de in j^ips or mcorings exceed fh: ^n^Sibo^r” 4^reflr ?ri\Ynr-!rsThrA°\u to^Ahe Joint ose Dock Licensing ;2quir^lnts in Chapter 5 of the Omno Munioioal Code. \ ...... jv.4 “£Spublic waters and adjacent shorel^ m^ans acceotable to the City, increased setbacks, color, Veg#=‘tat/ve and topographic »“2S“ng mTt *i;e p-fs^rvedrif --kng, ^or may be required t.o be V t •*1 W"jl^rovided .d rincipai°^s^*-ructur^e^Vetbacfk ^and must be |lXl of the following standards are met: £ 1 Proposed conversions must be initially •valuated using the 'same procedures for of ?he 2. Deficiencies involving water supply and °pr\ iriV. con.^rAi: hr as specified in the conditional use permx^. 3. Shore setback zone and bluff impact zone ieficiencies must be evaluated and reasonable IS part of the conversion. These improvements cus.. .nc^u e Ippiicahle the following: lOCkSp w«-a*us* -----------^---V” .--------J.shore setback zone or blufr impact zone. a. Removal of extraneous buildings, , or other facilitie^s that no longer need to be locatec in b. Remedial measures to correct erosion tites and improve vegetative cover and screening of buildings ana jther facilities as viewed from the water. (2, If existing dwelling units are _j ij, the shore setback zone or bluff impact zone, conditio Sail be attached ?o approvals of conversions that preclu^ he cikditiona must also pMvide for future relocation ^w^l^ing nltsT where feasible, to other locations, meeting all s tbacR ana IteUtioS %quirements when they are rebuilt or replaced. Bring the conversion to limit impacts equiring seasonal use, improving no new sewageentraliziag shore recreation facilities. Installing new sewage reataent ayaternsr or other means. Subd. 20. Riparian Access and Rights For U.ch as a result of the designation of the OHWL are fo^d to ^ut St bo^dary of a lake, stream, or tributary, no section this >de s^ll be construed as obligating the City of Orono to approve 26 m % i % • • .1 • S..S mm-■ r- 'r, 'V*;t>\ %■'I.>'■-'■ *'■' • ■-< • ' j 4.M »-i»*#-iTr •? «i nns of the Code prohibiting physicalvariances to provisions a i ^-cration within protected 'improvementsf structures or -horelands Nothing in the Code f1 fihiiii or increasing'riparian rights. ViT-wetlands, flood plain rights. l^^s^t5!21f"^''lte^Cc^\s"Ltended to reflate land use and ^•illtabllsh building and zoning restrictions only. ■ Subd. 21. Amendments. ^ ^’^Al//tt^the lineludla, «n«.dments to to-Co™l.-io=.r of the department of Natural*s __ _ _ _ _ _ r of the Department or "”I„g district "adoption. Further, ,th this se^-tion must also be•tnndards which may be in confli Department of Natural•tandards which may be inaubmitted to the Commissioner of the Deparime . Resources, prior to adoption. section 2. Municipal Zoning Code Section 10.02, Definitions, is hereby revised as follows: follows; 1 "Building Height" - The vertical distance between the highest adjoining gro^d level at the^^^^^^ or the uppermost point o^ *• n'^'a pitched or hipped roof.average height of the highest gable o^.^ a^ pitched^^^^ ^PP^^ treTxistLf “lrrafn"th:il not be considered in determining building height. B. Definition 43, "Lot Width”, is hereby repealed and the following definition inserted in its place. 43. "Lot Width" - The horizontal distance oetween side lot lines measured at the following locations. a For lots which do not abut a lake or tributary, at the r'ear of the required front yard, measured r-’ rallel to the front lot line. Si3r Structure setback the side lot lines with thebetween the points of intersection or the structure setback line. V H *• : . ^ -iX 'c ■ W' V.: ■■5 1 -1 c* UCXiniTiJ.o« w w*-— . following definition inserted in its place: Definition 69, "Structure", is heraby repealed and the ^ d X^CS 2 ;?S“S h.A., . >=«?!<., «. th. ,r.o.d. Id.d. « water. ‘ ■ ^■4- 1(4 ''■ *ii" •t.>« - section 3. Municipal Zoning Flood Plain m v; and w;“r»d» Management, is hereby amended as follows: A Section 10.5 5, Subdivision 3, Cefinition 10. Bigh witer Mark", is hereby repealed and the following de-ini ^inserted in its place: 10 "Ordinary High Water Level (OHWL)" - The j e bbviKi-Ie waters and wetlands, and shall be -in elevation boundary of revel which has been maintained for a. delineating *he "ighes. wa.er levei landscape,i ;s:tsi*,n»v/V=i.i s"."‘ v i'‘“4r.U“ * V“ €S-‘ Minnesota Department of Natural Resources ,uor certain :-as“ndicated in Section 10.56 of the Orono Muncipal Code. - •.Section 4. Section 11.02, Subdivision Regulation Definitions, is hereby revised as follows: A. section 11.03, Definition deleted and the following definition inser..ed in its pla . 28. "Lot Width" - The horizontal distance between side lot lines measured at the following locations: a For lots which do not abut a tributary, at the rear of the required front yard, measure parallel to the front lot line. o. For lots which abut a lake or at the shoreline measured in a straight a'^d *at uTe *re^quired which the side lot lines intersect the OH^, *gjr ^ ^t line structure setback from the OHWL, .f" i“as wi^th the between the points of intersection of the side lot lines structure setback line- W . . r/ ; ';r' - *r - VI V- 'fIt ■ 'r :t «d t?; fol “S; dt«niti7;Tnserted-in its place: section 11.03, Definition 55 "Setback" is hereby deleted -is.; «»»« facility' K’’/:'V' !i.‘ ■ Section 11.03 r Definition 62 "StructureC. Section IX.UJr u«j. j.*** w...... deleted and the following definition inserted in its place. hereby 62. "Structure" - An^in^.oj; ?f “"J ireo^fdef^ntte ^manner, w'hich recuires aindr or any piece of worjc which requires a Imparts joined together^ som d ground, land, or water, or '-■ location on, below, or above tne gr , land, orthe g»und, land, or water.. •• •• ■: ; Section 5. Adoption and Publication^ af^Vr °tlfe^ d^'te of its taka effect and shall be entorced from and alter r-ie passage and publication. m "i*I’Adopted by the =rry Council of 0ro„o on this 24th day of February, 1992, by a vote of ayes ana- - - •4. •. - 3 . . ■0 r'' '' Barbara A. Peterson, Mayor 'Sds:^othy tr allin. City Clerk ... •, i ."v 29 1 -ti i X i 1W- '- •• i,'.'.' ■i».* •*.'■’t- V,- ■' To:Chairman Kelley and Plannincf Commission Members Ron Moorse, City Administrator Fzob: Date: r>/ Jeanne A. Mabu^ih, Building & Zoning Administrator ^ TP' ^<1March 10, 1992 Subject: #1722 Howart.. Eisinger, 3245 Wayzata Boulevard " ^ ^ Renewal Conditional Use Permit - Public Hearing a#o ^Zoning District: RR-IB, Rural residential, 2 acre minimum eft Pertinent Ordinimee 16. ^ Section 10.03, Subdivisions 19 and 20 - Conditional use permit required for filling and grading activities in excess of 100 cubic yards. Applicant has filed fc a second renewal conditional use permit application for the billing of 100,000 cubic yards in a 12-acre area, the location of a former dump site. The original conditional use permit (Application #1103) was approved on June 8, 1907. The first renewal conditional use permit was approved on October 24, 1988. List of B^ibits A B C D E F G H I J R L M N Application Plat Map Property Owner List Staff Memo ro Planning Commission, Council for Application #1310 Cook Sketch of Typical Section Braun Engineering Letter of 5/28/87 Proposed Fill Site Cross Section North/South View Cross Section East/West View Resolution #2526 Approving Application #1310 Harlan Olson Review 3/10/92 Planning Commission Minutes 8/15/92 Council Minutes 10/24/88 Cook Report 8/31/88 Review of Applications #1103 and #1310 As already noted, the applicant has applied for a renewal conditional use permit to permit 100,000 cubic yards of fill to be placed on the 12-acre site. Review Exhibits E, G, H and I. Fill is to be placed at an average 5’ depth. Side slopes to be held at a 5:1 ratio. A minim.um 35' setback shall be maintained from the surrounding wetlands located at uhe 972 elevtion. The Braun Engineering letter of May 1987, Exhj.bit F, confirms no risk of sharing ^ a result of placing the additional surcharge load. Silt fencing shall be installed on all sides of the fill site at a width of 30—35'. Staked hay bales shall be placed when deemed necessary by inspection personnel. Revie;* Exhibit E. In order to address the City's concerns for the duration of time y w 5.•» T>wm. :-r. soils may remain in an undisturbed state, the engineer recommends seeding to be completed on or about the 15th day of the month of May, June, September, October and November. Unfinished side slopes to be graded and seeded periodically during those periods but the top of the fill area would remain unseeded until finished elevation is reached. The process of seeding the disturbed side slopes would also prevent erosion during the period of filling. Review Resolution #2526, Exhibit J. The resolution sets lorth special procedures developed by the Planning Commission in the 1988 review. Pilling activities were not to be conducted during 6:30 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. Prior to the fill project an Orono Police representative was to be present at a pre-construction meeting. Review of Current Application Mr. Eisinger has filed a renewal application so that he may receive approximately 3,000 to 5,000 cubic yards of fill from the City facility site on the north side of Highway 3 2. To staff's knowledge, Mr. Eisinger has no other prospect for the receipt of free fill, although he has noted that the State Highway Department will have additional fill (approximately 2 to 3 thousand cubic yards) sometime in 1992-1993 as a result of planned improvements within the immediate area. Once again, the amounts are noted at a few thousand, no where near the original 100.000 cubic yards proposed in the former conditional use permit. Applicant may be best advised to amend the conditional use permit to 10,000 cubic yards (1,000 dump truck loads) to be completed over a two year period of time. The City should not be asked to approve maximum of a 100,000 cubic yards when the applicant himself acknowledges that there is no apparent supply of free '1. Mr, Eisinger is aware of only two projects where fill may become available within the next two years. But once again there is no guarantee that the MnDot project will provide free fill if there is an available buyer. This is what happened with the original proposals of 1987 and 1988. The City of Orono has guaranteed Mr. Eisinger the 3,000 to 5,000 cubic yards of fill. The permit may be written to allow a total receipt of 10.000 cubic yards to cover potential receipt of fill from MnDot. As in the earlier conditional use permits, the applicant will be responsible for executing a Developer's Agreement and providing a Letter of Credit to ensure completion of project and grading and seeding during fill process (if fill remains in an undisturbed state for over 60 days). In the current application Mr. Eisinger is the sole applicant and is not joined by a construction company as before. As a result, Mr, Eisigner will be responsible for obtaining necessary permit approvals from the MCWD and updating all previous permits issued by the DNR, MPCA and Hennepin County Department of Environment and Engineering. Please review Exhibit K, Olson has recommended that fill first be placed in low areas to minimize undermining of surface drainage and that remaining fill be placed uniformly over the entire fill area. Seeding was to be completed immediately to 9m 1^^1m’-''!ktmPK :Wi' kv‘" .fCf." fi.’- ;.'''«■ /0-- . <--y-.'■■> ■prevent erosion.Options of Action Howard feSp;.I la. "'■ >■-is' .. '* = V, c-\' ^ 'j- ‘9m - iri. X.. • 4: ••■ V,.' ■ ■■ac'-* It' ft siftft; s*'-r* •fc • i- To approve renewal conditional use permit for Eisin^er that wou]d approve a total of 100,000 cubic > fill to be placed on the 12-acre site subject to all the conditions set forth in the original permit. OR Deny applicant's renewal conditional use permit as proposed and recommend that the current conditional use permit be limited to 10,000 cubic yards to be completed over a 2-year period based on upcoming improvement projects of ar>rq 4-v»o to 10,000 cubic yards to be completed over a 2-year period based on upcoming improvement projects of the City of Orono and the State Department of Transportation. This approval is based on conditions of approval set forth in Resolution #2526 of the City that set forth guidelines and procedures for the filling of the COIAOX UJ.Uii9 \JJL uit JLAA -Ifc w* w-w w that set forth guidelines and procedures for the filling of the site. Upon applying for a land alteration permit with the City, applicant shall provide an amended plan for the review of the City Engineer. Permit shall not be issued until the City Engineer has approved the amended filling project. Isv U.“* .■ .'* a^i01 j-'^>4 ■'^-:V y . Zoning Pile #1722 April 7, 1992 Page 4 8|h^:V' ‘:H'y-'' my-r Addi'tlonal CoMenta and Planning Conmisaion Recoomendation Additional Exhibit 0 - Cook Report 3/10/92 Planning Commission members concurred with the staff i '' '■ recommendation that the current conditional use permit be limited to 10,000 cubic yards of fill rather than to proceed with a renewal conditional use permit application for 100,000 cubic yards. Mr. Eiainger asked that the special schedule adopted in the earlier reviews for trucks bringing fill to site be waived. The Planning Commission advised applicant that all the safety controls developed with the original conditional use permit would still be required for the current application. The Planning Commission voted unanimous approval of the conditional use permit as amended that would now limit fill to 10,000 cubic yards. The conditional use permit would be written for a two year period of time and that all controls originally established in earlier conditional use permits have been restated in the approval resolution for Council's review and action.I !!?:sir'"'Ch ■J ill' K 3 Wii'; '' ' J0t'm HP 1-ill- it:; .Av O-.'^ ^4 - .#4, T’iJ: ■J:. fo- '. -*-'"•’ ’M'- ■ ■ ■ ">■ - r W p^K "- mr 1®?<.!m^ . • •,;£ V mw i V .. ->fj;‘<:-A.. A RESOLUTION GRANTING A CONDTIONAL USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19 « 20 FILE 91722 NHEREAS, Howard F. Eisinger (hereinafter "the applicant") is the owner of property at 3245 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as follows: PIDs 32-118-23 14 0002 Section 32, Township 118, Range 23, commencing at a point in the East line of Government Lot 1 distance 393.24 feet South along said line from the South line of State Highway No. 12 thence at right angles West from said East line 418 feet thence at right angles North 393,02 feet to South xine of highway thence West along said highway line to West line of said Lot 1 thence South along said West line to Northerly line of Great Northern Railroad right-of-way thence Southeasterly along said right-of-way line to East line of Lot 1 thence North to beginning (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit the filling of 10,000 cubic yards of clean fill over a former dump site of approximately 12 acres per Municipal Zoning Code Section 10.03, Subdivisions 19 and 20. All filling activities shall take place 35’ from the adjacent wetlands at the 972 elevation. Minnesota: HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1722. 2.The property is located in the RR-IB Single Family Rural Residential Zoning District. 3.On June 8, 1987, the Orono Council approved application #1103 granting a permit to the applicant to allow the filling of 100,000 cubic yards of clean fill per the conditions set forth in Resolution #2197. Page 1 of 6 k'' c P.V ■ir Sfe. . ^ r -l.-^ ■'■h > :'■. ■ i&,;' »■ ■^i- V,<'Mr" - • •MV"-;''-' vV -’ '"' ’ - J.' ■-='l ;■"►■"•'/ Pill, rk^k ir - Kf- ■ '►t • ‘V-- 4'- ' ■ .'Mf r . * ■ • if- fe ^ iQ ;•} ■ •m ' 4. 5. 6. On October 24, 1988, the Orono Council approved application #1310, a renewal conditional use permit that would allow filling based on conditions set forth in Resolution #2526. On March 16, 1992, the Orono Planning Commission reviewed the application as amended and recommended unanimous approval of the application based on the following findings: A) The current proposal will have no negative impact on the surrounding wetlands or intersecting drainageway. The adjacent property owners have been advised of the applicant's proposal and none have voiced objection or submitted written opposition to the City. The application as modified by the Planning Commission will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vacinity. During the review of the two earlier conditional use permits, Braun Engineering, in a letter dated May 28, 1987, has opined as follows regarding the placement of approximately 100,000 cubic yards of fill over a former dump site. "...it is our opinion that the addition of 5' of fill over the area presents a very slight risk of embankment failure." E) The current application (#1722) shall involve the filling of 10,000 cubic yards of clean fill. The City Council finds that granting a conditional use permit to allow the filling of 10,000 cubic yards of clean fill as approved by the City Engineer, 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 Page 2 of 6 proposed level of use of the property will be in keeping v;/V./: .. . W'i't''' S'.. P*#" SK' fe •'• W0:\ M ';^W’ - Wifi ■»•■■ m-r. F#iIS' M: 7. with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this renewal application as amended including the findings and recommendations of the Planning Commissionr reports by staff and comments of the applicant and the effect of the proposed use on the health# safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings# the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03# Subdivisions 19 s 20 to permit the placing of 10,000 cubic yards of fill as approved by the City Engineer# subject to the following conditions: 1. Prior the hauling of fill to the site# the applicant or applicant's agent must submit a filling and grading plan for the City Engineer's review. Such plan shall adhere to the following guidlines: A) Side slopes 5:1 ratio; 1% slope to be maintained within inner fill area; Silt fence installed 30-35' from wetland at 972 elevation - no land alterations allowed within 26' of wetland; Executed developer's agreement and appropriate security to ensure final grading and seeding if fill project is not completed. cubic yards conducted 4. Page 3 of 6 The applicant shall be responsible for advising the City of ;? ,■ fi- - "^•'r Sii!fets m i'» KSa, '.■:r-1rt- . .. •■ s v: il' ^T'c-fe- i^i- »y;.^ / . TM''- v5W-. #v !Mi />/■- m:?::>X J'-i|?:A;„ r^\--:: :sfM' ^^'v 'T/, ' i- * ■• *- fe, 5. 6. 7. 8. the schedule of hauling activities so th'it staff can arrange for the necessary inspections. Prior to hauling any fill to the site, the applicant must arrange f»jr a pre-construction meeting with the Orono staff to review all final submittals and tentative hauling schedule. The City will ask that a representative of its Police Departuent be present at the pre-construction meeting to advise of any special traffic/safety concerns during the hailing process. Hauling activities shall not be conducted during the following time periods: 6:30 a.m. to 8:30 a.m. 4:00 p.m. to 6:00 p.m. The applicant shall cease all hauling to the site upon evidence of shearing and/or other signs of instability created by filling over the former dump site. Applicant shall not proceed with hauling until the City Engineer has had adequate time to review the evidence and submit a written report to the Council for their review and action. If Council determines that it is in the public interest to cease all hauling to the site, this conditional use permit shall be terminated immediately and the applicant shall complete the final grading and seeding of the entire disturbed area. Applicant is responsible for up-dating all previous permits issued by the Department of Natural Resources, Minnesota Pollution Control Agency, Hennepin County Department of Environment and Engineering, and M.C.W.D. before the Orono staff can issue a land alteration permit. Authorities granted by this resolution run with the property net with the owner, but are permissive only and the filling of the site must commence within one year of the date of Council's approval (April 13, 1993). The land alteration permit shall be valid for a two year period. The land alteration permit shall be written to specify the specific time restrictions on this permit. Page 4 of 6 fy.,'-’,'-.- ■P:""‘P ■ ■fetS ’ •-* ,; i-.’- \ ■('?■• s;' V.,. V-., ti fe'P. tif • ■■ 9. fe" ■• ..W ' ft'-' ■•■'IP"'' Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. ‘%v-. ^ V'- I'vP''- ■ 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. ;■' vf-'v mi Property Owner(s) 1992. ATTEST : Adopted by the Orono City Council on this 13th day of April, Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor ‘■-I • > .V . * * - t '/PV' > ^ OF MINNESOTA ) )ss. )yi| P COONTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 13th day of April, 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. m Notary Public ■'Sft. SSL. ■'ll? Page 5 of 6 }\L r . - .1^ , mi ^r.s, mm l«| ,? - 4. -. . f^V* *• r»- • • :=■ ® i ' ■■' ' r^* ^ - 'Vr., •. *'; b-' «■... Vr? STATE OF MINNESOTA ) qj ^ ■ •.- -) SB. COUNTY OF HENNEPIN ) On this day of 199 S' 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 ^ . e . a _ ^ _ _ _ _ _ _.1 ^ Xm mm ^ VlA ^ Vl A t f \ A V O r* 11 ^foregoing instruxnentr and acknowledged that he (they) executed the same as his (their) free act and deed. .Vi-r'i STATE OF MINNESOTA ) Notary Fublic 1 ■.'v )ss.1' COUNTY OP HENNEPIN )r On this _ _ _ _ _ _ __ _ __ _ _ _ ___ _ __—^ __before me a Notary Public within andforsaidcounty, 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. > ■ &v.’ ¥»v. Notary Public 1:' • -\V ■ ■te ■Or'Page 6 of 6 . v:- VJv:. . 'V ) . .m■ • ’ H _Vi.a a aS_ ..'Jf.. ' ‘.r . V --fr^TwJ.T^ OF OROMO - GENERAL LAND USB APPLI mw-^ITOPKRTY LOCATION Site Address c?/fT-/ 1 Y Property Identification Number (P.I.D.) y0i-^r.^>yr ^ •*f . vi? ' !7 Please attach legal description to application if not included - on required survey. applicant Name ^ ^ - Address ^ y S-Y-v-' Phone (home) ^ Phone (work) _ _ _ _ _ City 'T^r.X.^ Zip (yiffayu (if different than applicant) Phone (home)_ **■':*"■ '■' sfr l,' -■ i#V' Mi Name Address Phone City Zip Date Property Acquired __ _ _ _ _ __ _ _ _ ___ _ _ _ _ (month/year) I (do) (do not) also own the adjacent parcels of land. pHv,. feT., tv‘ft'. >K,:i>Y'.. ft"' ’-V- p-'yiv:” '• FEES - CONDITIONAL USB PERMITS * _ _ _ _ $ 50.00 For each variance request with CUP application _ _ _ _ $125.00 Residential accessory Use _ _ _ _ $175.00 Institutional (church, school, etc.) _ _ _ _ $150.00 Guest House/Guest Apartments _ _ _ _ $150.00 Duplex Credit/Bldg _ _ _ _ $250.00 Commercial/Industrial Use $200.00 Land Alteration CITY OF CROf^‘0 finance office 1350200000 Qi CEH 100.00 CHECK TL 100.00 FECEIFT'TH^im YOU ^235670 cool f<01 T10:( /-^rv/v^/c w/ .' Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more ^ Grading, seawall, retaining walls within 75' of lakeshore P- -t:- -PRD/PID - see fee schedule \ ,Renewal Fee - $100.00 (no change from original application) After-the-Fact Fee - Double Current Application Fee ft#' & Et APPLICATIONS $200.00 $250.00 .. . .. $175.00 $ 75.00 $300.00 $300.00 $100.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoning (PUD - refer to fee schedule) Comprehensive Plan Amendment Appeals .‘tv-,Other - see fee schedule T-' ■ Jk. ^ Ml. .,.^1 . wi IV*I :FBBSENT USB OF PROPERTY |c . m- Present Zoning District Present Use of Property Residential Other (specify) 0^ M? DESCRIPTION OF REQUEST Describe request in detail:/ V 2. REQUIRED SUBMITTALS I, Completed Application Form. Certified Property Owners List of owners within 350' (you can obtair this list from Hennepin County Department of Finance A-603 Government Center 348-3271). Plat Map. Certificate of survey (signed by a licensed surveyor). Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). Construction plan# if applicable (see staff for requirements). As an addendum to this ooplication, please attach a separate list of any other persons you wish notified of this application. 3. 4. 5. 6. 7. YOU ARE REQUIRED TC SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A NORKIHG COPY (11* X 17* OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete Initials of Clerical Staff: _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ __ ■ > - APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date !S SIGNATURE r The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agentSr commission members, and Council members for purposes of investigation and verification of this request. Owner's signature A.Date i^pplicant must have all submittal^ into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. 4-^ .A ,1 1 1 I?.*-- • ** •- f%J%ZlAf>i-^nT . * '-.vV ps'^m ta-^ ■■"•\ 4U;'3isss pi>:m * *•» >. * .. I'JV-. • 'i f .i.-i -n;, r ^^■■ m f "vt* :*# »•;■ - ■n: »•<.* 'V a L»# •♦'Ifciv;i eai. m ■II m 'y.' \y ■'-t 1 .‘-i «■; r" o rj> ' *4;^ i If ’4 ’ -d J r/. fjO’i /-^ ‘Vr'' ^ ■■ |3|| '.".y ' ifPfil=|i s •Tftf# • B58 “SS S 5 S * S *l®|e; SE^aSi 0 S B s c ® •1 Hu* esp§B S* p- w< * * o w Q f« q i«« o 2 > K ^ CE®5 r ^ ^ — "•Cr^fiESa H *4 f" -< « 2 > ui » N 53 V ^Ci 2 M f- O H ► ii»|=sl Q £ E E o S2 o ^ ^ ^C» -« w » R 9r-f- -*«» w — \n n \r a ^ ^ C9 V4< ^ S ®r- a ^i# ^ ^ n « o M8S88S* "oSSSwcc**- r ft n c- n o g > <» Salic: ^ 14 -H sss*^ a «4 S S i at « §m iA g I* r- *- f» ^ U* G 5 3 £ •no? O p _ ui f- t- ;i > P4 r- ^ *4 o yi Q X> C o 5 2 o ^ p; C< O O P’ r» P4 O S4 *- o » 0 p* 3: tn S X O i4 ^ \p w- Or- o C Z v» v» 4- *4 ^ Oi »— •— O C45 r - - * m (M S X r 'n l^ = S-r- n -< -| o “» H 2 CP »■ n X V o •V t« i/» •• ^ ^ «4 ••» c c »S " •z tP O O PJ» — IP Wl i4 w ^ X ^ •y on — fw •- tA •»J.-0-Og» 2 0 » n Ps» M M O M f*' V» Z O *4 »4 t ii 5 5 r - V X o V4 2 r* ^ ^ • \A C C4. n >3 13 X ^ r^ — -4 -4 Sx - •"? 4^ y» •-• CJ O •- ^ f4 m Of M ''22S’';; ► r. S 3»s=:o V ®^ ^ o S" g wn r- r“ y V* »4 o IP O «7- TJ O #4 e 0 r- o 1 ^2 C9 3 ^mm ^ n o S o ^ lyi r I » r- -1 H Z ^ ^ w ^ mm r» ^ W 4Bt V4 o A ” “ ^ ,\ *> a 2 e NX 2“2 -N\5 5« * ^ ilsT\ Sse ^rsfi . > H ►• ^ M *4 fi| P* u« 0 fil O M O o r* Q w4 gi {> »/t *» ►*' n 0 VI v4 ^ n -1 -4 %4 C ► »V ^ ^ •- m N E*-^ ■» ». ^ €9 3 M 1 2 ► i^« '•-» *- e r z o b4 C 4 O W4 ®5 ;: *• *^*C P4 k> Q m V) W« r* 0? O »4 P4 ) . O uf 5 K - P ZE-^ r« o ► f» 2 Of *4 -4 ' 3 0 f4 P4^ ^ L- O O o ^ O t4 Oi * o n X v< 7 ^ « o14 n M f z X P4 X X E ;5 • X -4 C^ — r*i P4 P ••X c a ^ ® 3^0'^'^ ‘ 2 X 3 jp r-.-- 4-^ * Rs. ;s"► ^ w< 4 r- r p* ^ ^ M* 2 «4 n -4 ► •-» • 91 M| W A 1X4 D 0 -4 r- X *4 VP O r- o o < o X DO1:c O o - ^ 14 XX ? O K . J S Ci Vf n ^ IP B r* ® 1^ r* o ^ S| k\ jsg -1 \ •• V> %A mr = e ^ p •4 ! tA •4a r4 i i* (M/» #*o *1. ^ SPVU- 3^^S¥'«^W 5&^#S{ 11 :v>vr?;^: ??. S:#. '^;'- V ;j *1 ■•y .^4 ■ V *’■ ,'i - ;J ’f .-«• To:Planning Commission Chairmar; Kelley Orono Planning Commission MemDers City Administrator Bernhardson Prom: Date: Subject: Jeanne A. Mabusth, Building i Zoning Administrator Augunt 0, 1988 I131C Iioward F. rlisinger, 324 g Wayzata Boulevard - Renewal Conditional 'Jse Permit - I’lblic Hearing Zoning District - RP.-IE Pertinent Sections of the Code - ^ r «j i i Section 10-03, Subdivision 19, 2C - Conditional use -,.ermit for fill and grading in excess ot 100 cubic ;a’^ds. Section 10.09 - Conditional ua*. ^e•.nit i;roceduro. Review of Application - jw4-k- Renewal of conditional use i-or-iit - Avuii cation #1103 approved by the Council on June 8, 1987. Applicaticr. invLXVCS ..le filling of approximately lOOpOOO cubic yards of clean fill witfij^n 12*t) property - former dump site. Applicant proposes no cha-*r-s ^‘r^m tne c“riginal application approved by the Council. Fill to be placed tuc/i thci^ the ,-vorage neisjht of till b«# maintained at 5 ’. All land ulte-atior.s shall take place 35 frem » o adjacent wetland areas. Idat of Exhibits Exhibit A - Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit B C D E F G !l I J Application Plat Map Property Owners List Staff Memos to Council Reviewing Application lilO. Cook’s Sketch of a Typical Cross Section Braun Engineering Letter Dated 5/28/87 Proposed Pill Site - Plan Cross Section East/West Cross Section North/South Resolution 12192 Approving Original Conditional Use Perrlt Review of Current Application - , , ,,^w ..x — The applicant appeared before the Council at their July 11th meeting requesting an extension of the original conditional use permit. Staff advised the Council chat an extension could be granted for a period of 30 to 60 days but asked the applicant to define the status of the project. Mr. Eisinger confirmed that nothing had begun as yet, and that in no way could he conceive that the project could be completed within 60 days, or for that fact, by the end of M'^vembe.. Staff advised the Council tnat applicant's best option would be tc file a renewal application of the original conditional use permit, providing no changes from the original mopllcation, as it was clear, Mr. Eisinger would require another year to complete total fill project of 100,000 cubic yards. The applicant present* application 11310, a renewal conditional use permit, without any changes from the original application submitted over a year 'igo. 17^#r 7/V- . •.t A.'\^T ' M'-v i-v;., ; ■ r'/-.'i ■-V f W:-,: ©*‘ ■’m "•I hi h Sr V* ' ^ • \»* ■«^<« ■H . > -: r A^?1fe jV--: .^4.0 v^; *r’V**' "a ? S* •'-» ^ 'f**' .’■v-ti..: L‘.,nJr; I T |A-v,:.**-^ (•{ '■fc •’ V f -.- Zoning Pile 11310 August 8, 1988 Page 2 of 2 Renewal of Application 11103 - The original conditional use terniit approved the filling of the former dump site on the Eisinger property, totalling 12 acres in area, to a maximum of 100,000 cubic yards of clean fill from the 1-394 improvement project (review Exhibits E, G, H, and I). Council accepted the Planning Commission and staff recom*..endation to limit fill to a maximum of 100,000 cubic yards resulting in no more than a 5* overall increase in height from ^ho existing elevations at the dump site. As proposed, all filling would take place approximately 35* from the designated wetland area that surrounds the dump site on both the east and west sides. Resolution #2192 reviews the limits of the land alterations approved with the application and also sets forth the gjMelines by which the fill project will be maintained by the appli-^ant, under the supervision of the City staff's Inspections. Staff has reviewed those original conditions. It is not clear how long the City will allow exposed earth to remain on the property prior to the final grading and seeding. Consider the application that involved the filling of a II* high berm on County Road 6 in the western nart of t.he City. The filling began over a year ago and the berm has remained in a disturbed condition for over a year. Staff is concerned that once this filling project begins, there may be lapses in time where exposed sections of earth remain at the site for long periods of time. There will of course be adequate erosion control provided throughout the project. The resolutic»n should provide clear guidelines for the staff responsible for supervising this project, when areas remain with fill unattended for over 30-60 day periods of time, staff should either be directed to bring the application before the Council for further direction or to immediately require applicant to complete the final grading of the area and seed immediately. It may be that these concerns are not valid# as once the filling begins on a project this size, there may be no delays in the hauling of the materials. The applicant and the representative from Park Construction, Mr. Gannon, should provide more background on this phase of the application. If any of the new members on the Planning Commission seek additional information or imput on the part of staff, please contact my office prior to the meeting. Staff RecooBsendatlon - To approve the renewal conditional use permit application of Howard Blsinger for the property located at 3245 Wayzata Boulevard, subject to the findings and conditions set forth in the approval Resolution 12192 and based on the additional information from the applicant's contractor, that the following guideline be added to the new approval resolution, as follows: That at no time shall any section of fill be unattended state at greater than 5:1 slopei» ____ days. I lowed to remain In an d not seeded for over :.r, I #.. • . -/Vvi V < - » 'i-H :v ?X' Jw : i‘- • ^ Uv , .i ''A \ ,-V \ •*-«- TV * '.fn' ,t ’>iViV>i-r:. -i« A^^»a.>* « /'• I Si :| PI irir''" r 1 l: I. K*» ^ % •»! V ' • ' S- feji >^:l^-te# f. fe-' t ' nJT^ T'-2. />- ^ hM f.. ' '• V.xr mm f» f./ m ai «■• • > 5r'-.v-."-<q I.: Vr-^'j.v • ' / -*V-V ^■■;" fir' f 6. t- (^1 •J f> • *' •, , |: f!v'.' <4 '!•2 W'- ■i'. '^'V W'' feSi*^' •' .*^ •* ■■■' ■■„'.:■ ’i» ■V- }P^ ’ ‘>/^ ■ r’ Planning Ccmmissicr Chaim-jn Kelley Orono Planning Cownission Menibers City Administrator Dernhardson Date: Jeanne A. Mabusth, Puilding « Zoning Administrator September i, 19B9 Subject:•1310 Howard F. Eisinger, 3245 Wayzata Boulevard - Conditional Use Permit - Second Review Plcaae review the attached Planning Commission Notice of Action that outlined the questions presented by the Planning Cominiasion to the applicant at your August Planning Commislon meeting. Staff will ask that Mr. Eis'*nger have an authorized representative for the contracting firm that will be responsible for doing the filling under the MNDOT contract for 394 improvements. Some of the questions raised by the Planning Commission have been outlined for Mr. Eisinger in that notice. Planning Commission may wi>h to alter or add others. fhe City Engineer has made a recommendation regarding the concern for the duration of time disturbed earth should be allowed to remain on site before it must be teedod. Review his letter of August 31, 1986. Cook recommends periodic seeding of the unfinished side slopes, suggesting that the side slopes be graded and seeded by approximately the .5th day of the month of June, August, September, October, and November when deemed necessary by the inspecting staff. Note that he would suggest that the top of the fill area remain in an undisturbed state until the finish elevation is achieved. .Maintaining the side slopes in a seeded state will prevent further erosion of the site during the long installation. Staff Recoaaaiidation - To recommend approval subject to adding the following condition to the conditions already set forth in the original approval resolution enclosed in your August packets, Exhibit J; 1. The City will require periodic seeding and grading of aide slopes during the time the property is receiving fill. Applicant/owner will be asked to grade and seed the side elopes at epprox 1 ireta 1 y the 15th day of the months of May, June, August, September, Octr*b«r, and November if deerittd necessary by the inspecting staff. Upon satisfaction of the answers to the questions posed by the Planning Commission to the applicant’s contractor, the Planning Commission may wish to add other conditions found ^PP^^opriste under the authorization of a conditional use permit by the City of Orono. ■' : - V \ • ' ' ;:'V D *.. * Ri’- >U*\wV T / ' » • Si., — • .;-4,•*. W V^ •. 4 l"..is. •>.•r,. ■ • "v ■/'*■ wv.r..- - i5.i»,V4^; sw e'."V MiAf\‘ fc... m-. ■■/: ?•-•■' .'Pr W «v '•e ■ ■M I* r^\*v, »«»> K.W> . . D To:Mayor Grabek i Orono Council Members City Administrator Bern-bardson Jeanne A. Mabustb, Building 6 Zoning Administrator October 19, 1988 #1310 Howard F. Eisinger, 3245 Wayzata Boulevard - Renewal Conditional Use Permit - Resolution List of Sxhlblts > Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit A B C D E P G H I J R L M e/8/00 9/1/38 Staff Memo of Staff Memo of Application Plat Hap Property Owners List Staff Memos to Council Reviewing Application #1103 Cook's Sketch of a Typical Cross Section Braun Engineering Letter Dated 5/28/07 Proposed Fill Site - Plan Cross Section East/West Cross Section North/South Resolution #2192 Approving Original Condi-lonal Use Planning Commission Notice of Action 8/23/88 Cook Letter Dated 8/31/88 Park Construction Letter Dated 9/29/89 Permit Review of Application - The renewal application o Planning Commission meetings. Planning Commission was the duration f Howard Eisinger was reviewed at two Once again, the major concern of the of the filling, traffic/safety concerns during the hauling process and how to deal with the disturbed earth during the filling process, it should be noted that Mr. Eisinger has not changed the application from the original permit application. We are dealing with the filling of approximately 100,000 cubic yards of d®®h fill received from the upgrading of the 394 project. Please review Exhibits K, L and M, that provide more detail on the major issues raised during the current review. In Park Construction’s letter of September 29, 1903, Gannon reaponda the Planning Commlslson’s concern regarding duration of time reguirod to complete the project, as applicant has given no definite time period of the duration of the filling project. Ke advises if the fill is available, it could be completed within five weeks, and if it is scarce, it could span a period of 6 months to a year. Review Exhibit L, Cook recommends that unfinished side slopes be graded and seeded periodicaIxy during the course of the project, noting that the top of the fill areas should be graded and seeded v/hen the finished elevation is reached. It would be the inspection responsibility to order the seeding per the recommended planting schedule provided by Cook. This form of site maintenance will also prevent \* s 6^- : • A1 J -r r . . A **‘K> ^ ’ I < . ‘ mk. -‘ ir:.!. 4< W.' >V r 7;V i; I** •’'Hi •» >. VYi . -U ,• b • CvwK.''.. li • - W- ■ -f':"^: ■-'■■■ - -y :-"tJ-V ^\'^A •' < • ’ Zoning Pile #1310 October 19, 1988 Page 2 of 2 In addition, the Planning ComniBSion dealt with traffic/aafotv controls to be establiahed during the time of hauling. ^ ”“?3« ?h^°?oriov''’n,..k.c th^ council to '*' * reco«iina«lOT!'"^ P"^ '»e Planning Coimln.lon'n ,’i - Bi r' 4 ".o *f .* •* •'r .’i '•i . 1 t’e.'•V*-'V' . - •*.''>•• •?' •/C?* .C . -. • .f r 1*4 ^Vg- • *:*7'a ■^'‘A , ■ tr » c •* - •! f-'*, S'® : 'iCk - Xf i^i2^A-2£dl.- rv'i|pj«U»ai«iJ- ■!*•-»•: V<.nTTT-r <^-l t“ >• ■HiP 1 / t-; ; i • \ f ■ \ \ •*.. .1 1« • . • • V •^ ^ 1 , i ! -Ji t !J3 * _ f .o £.-■■», 1* '• * }yJf \ • ■ .] W"fy $ N'. sH|' mi ■©'j.' I ’’w I 't/I • . I •'“> 1 .11 •:. r* :n ♦/ 1 i. i* L^- • I ■%.u •N,• •>.0 ■ • i 'N fi •• •• > 5'v, •'v. * • —4 i i I J i* IX' ¥l LtffCi'An;P—w .*r' jCJ- * .' V *.* lil^ *•> J V.; . ^ «'</* ►?;. 4 :>< . ♦ .•‘ , •« • ?c* if '6' • •• m. .‘■MM * . *-X' • ^ VJM.l.a v-v « i; r- P# jj-m .•I-’'fe fSv. ^?5:- tm!' ■‘n - i**-* * . *! ii* • ’ ‘■fi•«*^ .*«-*• ^NiRj mm Wm &w mm:i »'T « ' *< -UC f * •»> - *• »■fcl 4#^. ■ •. '-it^ .5s. 3.M\r_^» ______ • ifc A* i % ?4vm#f^k VV-’..,^n L -•a - >’^ '’'' '^-[>^ r.#r%»c«j .•* »r.i f,’ Jf5„ 4I|. t-'-'-•■ ‘I I: .* : 'I .:f.s4K*. i^> ■ "*»<r To: f<‘’‘y 25>, I9G7 P.O. Box 35103 .“?l3., ^t^} 55435 <012) 941-5600 »>• I - ?V f ^.r • k-v**v:r: KT' ?arh Ccni5*:ruc*:icn ^r, Jo.^.n Car.rcn . SQC ?€?^ch C^reei Minnrnpolin, *'N 55422 • •■y :• •'**r. Canr.or : 73-15? ENCIN.^EniNG OPINION Addition of Pill to Oxistinc Mndiill South of 7H-12 at Classen Lake Orono, Minnesota ■o''•A- 5T# '-*#* 0 :'\i ' ‘5% A3 /ou reo/jefl^ed ^ we revlowef^ ►Sr^ i n #rkr-m#s*. < ^ a p.nc-.r.-o„ t,-,. ■^orin„ \h« 'frAp^Il! cescripti.cn ofPlocencnt that V, ar^^o--^ '4 conrJ-« 7-e additional fill Council is Whether'rh:-. 5dV<-‘or o--!- ' "‘■erabers of tho city iill area wilit; ^,„V:; l^Z'T : existing land- tho undQrly.'.rg org.ipic ’nolls*^'^possible failure into ^ •# :‘>r'«ro»“„°?o??* "Mvioos borin,, ta».n in th« proooorf Und- landfi” war no- ^o«t. Wo understand that the Cepictiid on'the* aTt^c^-d sJetcr®’'P*?P®»«^ landfill area as area of -ho o^iatino conditions in bacauso -ho area la assumed similar of the organic aoUs likely va/y “ ««tland, although depths V>Tl ch« lata^lJSO's^*^ A-^*tha^‘ff-V"^first filled in to otaco Si-i’aa.^ ffA P'®sent tine, you indicated your dwiro will cSJai^ ;i a listing landfill area which existing aurfac; elevations TiSdIui'arVa;''®" • n*** *»V:" ' • ;1« hV -^1 V V » ' • ^ «• ' *- 4 «' P^^'-^vk*' ‘ Xy*- Ji ‘^T.w »f*ir .> •*± *.S’w;-t i^MTv..u.y v.-^‘/:\M-y\yj '1 :>>, •.. vJi! '-v-y. ^:--f i;:- M-y' ' :k 'nm "^- 7i\j' • !i;n I: Kt.. r I-r. V » '-V'. -=^- H*. ir^K' 'li 73-157 ParX Construction You indicated chat tno bottc» or tne existing .jr.dfi.- riiteria. abwat -elevation 96o-. T^e existing surface clev.itioniii St ------the undisturbed wetland ar^a is oi acout olevaticn leet £K^uSU;L^?S^”itr;•?.;r3?;a^ BMtsrisl is snout 14 feet thicx. ^^riaz;Judging from the length of tir>e tr.nt tr.o exi Jtir.g ^ ^ Zexiatlng lanofill grades presents a very s.icht ris* o. shw^r nrobsoly possesses a rather nigh .n..efnal angle o» fr.w-ion arc rSher high shear strength. The settlerient t.nat has over the past 50 years naa also increased the ahear ^.rengt.h o. the upoer zone of organic soils which .essens tne r*s^ o..^-..L^r or pinchir.s failure as a result oi p.acing an acu.-iv.a. auicharge lo..d. _Tnus. tauec or. tni- ^a nion that tne addition of 5 :oet o: f*.l over the area presents vary ylLghZ ri5X oi e.v.oancner.c lA'eurc. Iz siiculcl bo noted that r*ci bor;nqr. vit.-. pew^r c<;u;?n:.?nt *^uv^ strengths and deptne ci t.he underlying organic io^^s. t..e assuisptions w* have made are inaccurate, our evaluation potential risk may need *‘o b»i re-evaluat-»ci. Additional bofytgs and tests at this time do rot xrpenr '*5/planned. ilo-wevar. at a mim.-rum, we r.'crTccnd w.na. j placing any fill, several settlor^nt rcnitorinc pi.i. 3 installed in varioun are.is, prefer A.ily around the ^a.-’s^c. _ existing landfill limits, anc th.^t tn.« acd;t;.«r.,. ...4 placed in two Ktages of 2 1/2 :-et per r.r nge. ^et-een • i •-*j monitoring plates should be re:*.»re-. red to n;d •",^•*‘’*‘‘^90-.' • . •• rat# of •#ttl#n#nt cauj;#ci by t.^.c AiioiUawr. oz ..a.eea ? a period of one to four weexs should ce set sr.ide between stag-d fill applications to allow nor- t;re for renitoring the plates. 2t the additional mineral fill extends -ver 9#fitly virgin vs^tlands the ci cantly higher iind a much m ccn«: ro; l-^e b# appropriAt#. tn^t. fniluro IS ar^ pr#f- •;i':;ni 5 i- / 4 ' '^ # s mg tecnmque 1 • Vt r1v*"Y;r: r iS&% - &4p:: 4, ,-.i ;-*i i';' * k-^ j O'- *4«r , p**.* ^-**'.** V.^i ’ •- i&%:-‘.r. r ■ V >Tv35iS- . 73-157 y«rk Construction •^37 >: ^ *V w • *9 * S«rvic^t performed by tho nava baan conducted in n ’»«'•'••♦ S«r»i«M: Ho warranty. ..prw.—< #♦.* t * ♦ r« • ♦• •'c t, Cl .on ..•no Xt is a pleasure perfor^ln'i «*'—• ♦'■^' ha ** any questio'is roga*ird»n'i >♦.»<' aa /our convenience* you ■ s 4 « . ^ «• ), 1 1 **•■ ^ ^ m* 90 r • • • *.^ .V • - I VWC/JJC:gec % AtcaChaent: Sketch yr- ‘r ^.‘^ct » p-'. • i#, ^*>•1 .Xtii!:* \i‘ 'V>. . .. 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'**'' * * r. “V- *- ■ V' ■•" 1- ■ 1 ■' * .fT It t ‘ ? £H fi ^r ^:- i j 1^:2 /ml-j- • m - #•*- - • » n r> O > I > s > i * i'^*- :* ‘ . • * i ’ ^-- I •-/*^•^ * • !• .*1 « f'-. ■ • (• 'n f'r ft- ' f.^ ■'!'-^»<V.-.-.. ff 'ir‘'>v r 41' :• .r^A»i..»•' * •. • t Vf A ^:*VLv. •**!•%• . ,S-’/: ..'2^VSw*ew • t»':<'0.^:*'-. • tfVC-a* ' V ‘ ‘ A ^rvm- ■:-? . .-V *■•^Jt, tr'i,, V-Vl f .' "iv-n--- ‘1 >-■,.'«-.'^IS? .. f.,v ‘-rw **V^rj?5 ‘ H ■ / . •’^.4''£I Cj m Xh Vjt*. ^ 4 •# *«,5«?.'.!>,» r’^K i;ii. 4Uil^-.> n ... Si^4.lM\4-. C . ..A::i .u-AJUdA^-. Aii.«.lljli«^.l~.’ _____ ^ . O o «.• ^ • j - ri • •> V **•' ■► >L*. L<-r> . >■• * • *5» * • » < • * V‘ ^ ‘ ?C2.**vl 1' ' Srw**.- .. « % #* •• N ,r 1 t :^• •t'5 lb-^o\% • ,« •1 V *■ Cn ?oo i m •>■ r. • . •* ^ '• •' I* .r-' > I > MV 'n !n mh:'hK. ‘m:. r^‘;« »4 I I • *f. A' : •:. ?-vV 3^21 >•> n • ^ • ^ /^ , I U V. ^ «* ' T •- * .‘•T: rA • • * . . *4 • i ..__• 'r,i •‘^ r*-L:r *' >aj»t^' — I H .-r% : - j *- .. * *» ’-. 'A . > 'j -I'-V* f •"' • ,KWr-«.'' ^ • f 5 ’ ‘»^3 \; . \ '.*^J ».»• '»!?•>>:■ AiJ :-4'5 '.. , . N•0 .tier- '«*,♦ w* »:--s «.• %*fc' • Lr;vv7v .!<■' '^t • i* * .•* * ^» — • -. V —. ^ •A. f • • ~ .-■'n "■•■- - 7;| >J>V Al r- "-;>■* —4..« •. t k* ‘ '^ .• • •... I ^ .. .m.^-t ••/'•;..^*;T *: V.V J ^ • t % *>V . *■■A* f' - r.. - g^Wflg .SIS .?>Ms ■ % “S? ..’'Js* •v:^,5.|k> 5483728 /i7- .ay-St citv of OR-Orvo xi;^dm RESOLUTION OF THE CITY COUNCIL NO. Z*a fNT»fO • s v/^. ••. / • • ‘.V V/ I • f .** ■- ■• 4*.^:.^v. •; A R2S0L0TI0N GRANTING RENEWAL CONDITIONAL OSE PERMIT PER MUNICIPAL tONINC CODE SECTION 10.03, soiaorvisioN 19 t PILE line t v^’ ^ UNry Ml^Jf^ D£purr as •i* ?.• ■» WHEREAS, Howard F. Eisinger (hereinafter “the applicant") Is the owner of the property located at 3245 Wayzata Boulevard within the City of Orono (hereinafter “City") and legally described as follows: PID: 32-118-23 14 0002 Section 32, Township 118, Range 23, commencing at a point in the East line of Governnent Lot 1 distance 393.24 feet South along said line from the South line of State Highway No. 12 thence at right angles West from said East line 418 feet thence at right angles North 393.02 feet to South line of highway thence west along said highway line to West line of said Lot 1 thence South along said West line to Northerly line of Great Northern Railroad right-cf-wav ther.ae Southeasterly along said right-of-way line to East line of Lot 1 thence North to beginning (hereinafter “property"); and WHEREAS, the applicant has applied to the City of Orono for a renewal conditional use permit to permit the filling of 100,000 cubic yardw of clean fill over a former dut,p site of approximately 12 acres in area per Municipal Zoning Code Section 10.03, Subdivision 19 and 20. The fill materials shall be placed such that the average height is iraintained at 5'. billing shall ta)ce place 35' in from the adjacent wetlands at the 972 elevation. 'm 4 % n>Ti' <4^ . . *-r • sr i z f:c »c KY ^'-7/v Minnesota: HOW, THERBEORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning Pile 11310. 2. The property is located in the RR-IB Single Paroily Rural Realdentlal Zoning District. 3. On June 8, 1937# the Or<^no Council approved application #1103 granting a perait to the applicant to allow the filling project per the conditions set forth in Resolution *2197. 4. The applicant proposes no changes from the original application with the renewal application (#1310) currently under consideration by the Council. m *■ wV » V 4 .. -r Page of 5 m i3«(:'i.' i.: •' • I.^ ’/ • •■ 5'.-; it fe. * ^ ^4 * ** ^.• r •• kSJ? ,'l •ii K^7- ■ -iC' .' • L‘ •■ •'•C *.^ . • -- • -. (L:-*i ■'■ ' ly- ■•'■ '•Ll'" aT ^ ?-■;• W ' i':.-■.' w*A/- •v^] V ■ ^ " ri •v;.41 i-fe?. 01^0^ itv of 0R0>’0 ESO’-'JTION OF The CITY COUNCIL NO 526 5. On August 15, 1908 and October 3, 1980, the Orono Planning CommlBsion reviewed the application as proposed and reconmeuded unanimous approval of the application based on the following findings: A) The current proposal will have no negative impact on surrouding wetlands or intersecting drainageway. the B) Once again, the adjacent property owners have been advised of the applicant's proposal and none have voiced objection or submitted written opposition to the City. C) The application as modified by the Planning Commission will not be detrimental to the public heilt.h, safety or welfare or materially injurious to properties or improvements in the vacinity . D) Braun Engineering, in a letter dated May 28, 1987, has opined as follows regarding the placement of approximately 100,000 cubic yards of fill over a former dump site: “. . .it is our opinion that the addition of 5' of fill over the area presents a very slight risk of embankment failure." 6. The City Council has considered this renewal application including the findings and recommendations of the Planning Commiaaion, leporta by staff and comments of the applicant and the effect of the proposed use on the .health, safety and welfare of rhp community. 7. The City Council finds that granting a renewal conditional use permit to allow ..he filling of 100,000 cubic yards of clean fill within the area as defined by the Orono staff, 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 bo In keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDEB AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19 ft 20 to permit the placing of 100,000 cubic yards of fill within an area approved by the Orono staff, subject to the following conditions: Page 2 of 5 o.i. e . . ■r.- ;.1 . • • wAs,\ e , V ^ V.-W A’ ^ • '<ri &i > ? ■ ^ ■ f -i; .-.V ..A L:‘if mm > V V' - : J3 nm • A-»,^ *'Y . > <- l 4^ ,V ‘i w VV* * V r:. i'<h ^ . • •«. . • . .^ ‘ • ...........-*• - ^ *'. vf.>-'AV‘v .»- •- -s^*‘Hr".**’? 'f'-wrvrr^t 'twtf // • - •. »,,• .- -r »- -^ ■ -- 1 *VmmAmm ,. -. >.^*-*^. *•« ci;- fi,- ■•^. m fcr * ’M* ?'■Si V' -i\..*.,'f IW V ri*. ’’ ' •*>'w- ^ . "-I \4;r> * 1" '♦• “ ► Sa'»-‘ ‘ .5 ” %*.'.■,/S' ':--l-'A:CHi ‘fm.r*-. m\ '■>*;«!-V r i.’ ', I, I %if? ••; Kf'^. ,^h ‘V^. m ■' I ¥m wml 'i. fe'^'j u'^ :* ^ ^.• • ■/*• *• \p« City of onorvo -:r w.wm RESOLUTION OE THE CtTV COUNCIL NO. !• Prior to the haulina of fill to the slte» the applicant or applicant’s agent must submit the following; A) B) Six cross sections of existing topography. Pinal gra<?lng and erosion plan designating the following: i. Side slopes 5:1 ratio; il. 1% slope to be maintained within inner fill area; iii. Silt fence installed 30-35' from wetland at 972 elevation - no land alteratijns allowed within 26* o£ wetland; C) Executed developer's agreement and appropritte security to ensure final grading and seeding if fill project is not completed. 2« Pill shall not exceed allowed amount of lOO^OCO cubic yards* Average height of fill to be maintained at 5'. Side slopes to bo graded and seeded periodically during the course of the project. The Orono staff is to advise applicant or applicant’s agent when seeding is to be conducted. 3. Park Construction shall be responsible for advising the City of the monthly schedule of hauling activities so that staff can arrange an inspection schedule for the month. Prior to hauli.tg any fill to the site* Park Construction must arrange for a pre-construction meeting with the Orono staff to review all final submittals and tentative hauling schedule. The City will ask that a representative of Its Police Department be present at the pre-construction meeting to advise of any special traffic/safety concerns during the hauling process. 4* Hauling activities shall not be conducted during the following time periods: 6:30 a.m. to 8:30 a.m. 4v00 p.n. to 6:00 p.m. Page 3 of 5 v-.n, K-H t*'*! if VV. j• M. r:t'\ ‘Al -3 ta f. w. »/-? ? Mm M ’ r*- X > V* ' i. ‘ ' i : -T/ b ft ./I '5>* ' ' .'^4-'Vi . y t ^ * e.*y. “r-vj Li1^^ ',rfi "s: r.’v ' m t: - li;. IS; .^ ■ / '"'f •*-.•: •.* *• -j,"i ••*) r-.*.‘*A - •# «• ^ ' A. m. * * -* ^*• * ' *'‘M' 5*^ ^•». < — ‘ T i * . -•• - i •*« JV:~% »<» ^•* •<>,rf«•^ rh. *-*V- •v..m 4?.: fe. ^ : 5^' - ijr i:f^. t VK-v; c.*»' Ciltv of OKO-'VO qESOL’JTlON OF the CITY COUNCIL NO 1*5 26 _______ 5, Park Construction shall cease all hauling to the site upon ovidonca of shearing and/or o'her signs of instability created by filling over the former dump site. Applicant shall not proceed wlw hauling until the City Engineer has had adequate time to rev Lew the evidonce and sutwiit a written report to the Council for their review and action. If Council determines that it is in the public in^e^o^ to cease all hauling to the site, this conditional use permit shall be terminated immediately and the applicant shall complete the final gjfading and seeding of the entire disturbed area. 6« Apelicant is responsible for up-dating all previous permits issued by the Department of Natural Resources, .Minnesota Pollution Control Agency# Hennepin County Department cf Environment and Engineering, and .M.C.w'.D. 7. Authorities granted by this r*sclution run with the property not with the owner, but are permi^sivs only and the filling of the s-te must have commenced within one year of the date of Council appro^a* or the special conditi-ns o? (Octol^r 24, , s resolution will expire on that date ^ ^ i • 8. Violation of or non-conplianco with any of the terms and condi tions of this resolution shall constitute a violation of the toning code, shall automatically terminate any authority granted here..n, and Bhall be punishable as a misdemeanor. 9, 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. 1990p Adopted by the Orono City Council on this 24th day of October ATTEST ‘u-c 3;: ' • >:>ir • A • l^o^fcftx-.M./l^linp City CierX P.roporty Owners 3/ '.y '''■ L (ui James R* Grabck, Mayor* Page 4 Wi§ !i>fl •..'tit jVir.A -2 -•/ ,1 V,‘Ccfe .A' i rr« r 'X- . rv*^ - i \'w,V. *• • .i.riiiK-'.-i V*ite — 1 © — ?< :2 T u e 1 Gt •* ?. 21 O M S •= T F: O O *-^ S S: Cl C I T E S;F' . & l|is^ iilir iHk: ^ i Bonestroo gg Rosene Anderllk & f\|| Associates Engineer! C ArcWteetj So S. lOAfaac. >1. C Aojerte. If i. ;af»,44 tj *cn«3 « *f I. C m* *4 i. Netm, ft. C. tm.«vK, *1. fcUAM. CMinv CJU * ■ j/Ntteriii*.'.!"' • iitt*Mkrcii 10,1992 A 3*9jtr >i. *>rurs \Z' Asttfr. .ej. ^ lewSM fj. MW A HjaiOA *4 D^•a O 13904. ft. %E«e «!U«.AU Nkivjm } a uhma *|. 9orV!ie C (uiQML ,E| *ff*. »i T tMreAA *#. *»»«r! 9 •tarenr. »,| ^*'•15*1 U/ ht'.ttxix »4 ^-*1C irrw*. *4 r**H» * »f »'«VO • Anoe-J^ >1 •iWK J EMv *f i Aflfv,l *J 0*Wf» i U;*A3n. *f wn 9. itn *« I C«-irft *1 iv.mutnntt. rt ---------f Anor^ ,4.1^ ^ ffcMcjy ----------------- I If t| At A. *A Q ^rwr. n Ciriio C taw fi. vfcr Mon<f\ n M-im I vviwnrx CPUf^ H -v>.7 /, s^ist C?ly of Orono Box 66 Cr>ital Bay, MN 55323 Aitn: J0anne Mabwsth ^s.-: 'is Re: -i!>. ^r:'- ■' Howard Eisingcr ConditionaJ Use Permit Application il^l722 Our File No. 13M722 Igpjf^r I- fe*:. Dear Jeaime, pemat Is for 10.0(KrcubTc}«i;rf undersmding .he level e,t site area. The .dditiMti ^ w unifonn(y insiailed over the entire fill areaT^ Seti restof!i^M'°J“th‘^‘ IniaedlBtely to help prevent erosion. *'** should be completed 1 :m fci«s If we may be of any furJier assistance, please contact me. ‘k Yours very truly^ 1 BOhJEp0^9^ ANDESUK 4 ASSOCUTES, Harilut M. Olsofi HMOili M.-- ;t. ..#1- i^' *’ .IK, Nfc: i39.cor ■ .■>'.i*-.: Wh.. it: ^,-'- ' V ? ■.- •,* .;' '. y.^ ■{-; r-. o'. , »■ '.: ■ !:•* b ;•• V: h ■ h; ■& ih- ^1. 1 ■■'-fc f '• rVV 4^; * , Jr< M 55* •1 h*i>m^ '.\iw’’-r./; :!fSi f • »%r* ‘ •* •’Jl ',by\ u/ • 1310 noWMlD F. BISINCBR 3245 WAYZATA BOCI^VARD RENEW AL CONDITIONAL USB PERMIT PUBLIC HEARING 7:25 P.M. - 7:42 P.M. The Affidavit of Putlication and Certificate of Mailing were noted. "The—applicant was present for t.tis matter. Kelley stated that he was not in favor of recommending approval of this matter. He was concerned with the increased traffic on Highway 12 due to the trucks hauling the fill to Mr. Eisinger's property, especially durino school hours. If approved, he would like time restrictions placed on the hauling to correspond with peak school traffic. Kelley's other concern was the dirt left behind by these truc.ks. Cohen inquired as to the length of time the hauling would take. Kelley stated that it seemed as though Mr. Eisinger had already had a significant amount of time to complete this project. Mabusth explained that the permit was issued in June, 1997 and expired in June, 1988. Mr. Eisir.ger had appeared before the City Council to get an extension of the permit until October, but then discovered that he would need to renew the permit because the October deadline would not be sufficient. Brown asked what had caused the delay in the project. Mabusth explained that Mr. Eisinger had difficulty in obtaining the fill. Bellows asked whether Mr. Eisinger had guarantee that he would be supplied with the quantity of fill he had requested. She wanted to see the establishment of guidelines for staff on limitations that deposited soil can remain in an undisturbed state. Mabusth stated that a determination would have to be made as to how long it would take to haul 100,000 cubic yards of fill. Kelley suggested tabling the matter until more information could be provided. Johnson disagreed, stating that this matter had been before the City for nearly two years. He would like to see it i *olved so the work can begin. The benefits of having the dumpsice capped-off and the drainage directed away from it have already been shown. Johnson stated that the Watershed District would be issuing a grading permit and would specify some guidelines as to erosion control and seeding. Mabusth stated that her real concern involved the issue of ho" long the fill could remain ungraded and unseeded. Kelley asked if they could delay making a recommendation for another month. Mabusth asked Mr. Eisinger for his opinion on this. Mr. Eisinger st ted that he would like to see this matter resolved as soon as possible. Mabusth stated that staff and the Planning Commission need to know the length of time the fill can remain unseeded and how stoady the supply of fill will be. Cohen asked when applicant anticipated beginning this project. Mr. Eisinger stated that he anticipated starting in October. Kelley stated that the Police Department should be notified that 4,00C tandem trucks would be hauling fill prior to the ^ ■. r I *• a* . .•a . ■» r, •• A ..L ; V. J • m mM'- • ■^ p^a :m fe:v-fc p;-.v ■ -■. CV--- *13« :rv./r^ ZOMZtiG FILE »1310 CONTIHUBD project beginning. Mr. ELsinc<ir stafsa that he did not think traffic would be a problem. Kelley stated that there should be additional signage on Highway 12, and/or perhaps an .idditional passing lane installed. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Cohen, to table #1310. Motion, Ayes“5, Johnson-Nay. Motion passed. 11321 TOM BAISLET 950 OLD CXtYSTAL BAY ROAD NORTH CLASS IIZ PKELIMINARY SUBDIVISION PUBLIC HEAPING 7:45 P.M. > 0:00 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Applicant was present fcr this matter. Applicant explained that the School District could not do anything further with regard to purchasing the parcel as a whole. In order for the School District to acquire this property, it was necessary to break the parcel into four lots which could be acquir 'd one lot at a time. It is their intention to purchase Lot A »’.his year and purchase the re.'naining Lots before the contract expired. Other municipalities have done “an administrative split”, wnich means the parcel is not really subdivided In l.*g‘>t of it eventually being purchased as a whole. Kelley asked why applicant did not proceed in this manner. Habusth explained that the School District could not creatw any kind of a lease or contract to transfer land unless it was done through a division, per Oronc subdivision regulations. Kaislet noted the School District coulc not enter Into a longterm investment, which would be required iJ the parcel was purchased as a whole, but rather must be able to liquidate the property quic.kly should che School District require any additional funds. Cohen asked applicant what would happen should the School District not purchase the property. Bellows stated that she would be leary to grant the School District this type of a subdivision, when they had recently failed to follow through on a similar matter. Mr. Halslet said that the School District would be in default of t.he contract as stated if tney should fail to fully comply. Cohen asked whether the purchase agreement pertained to the entire parcel. Hr. Haislet said that the purchase agreement required that the first lot be sold to the School District, and the remaining Lots be leased at a set price and acquired at a time when the School District had the funding available. Cohen wanted to see the purchase agreement. Applicant stated that the purchase agreement is being negotiated between the attorneys for the sellers and the School District. A •? 'f t*. ii r •V * * *•. .r. M., : V-'‘ V ••"'>2 V* ...-Si ». . V •> ■ •.* r , •-T' ♦ e * ' -^'^% rv- ;' >V >’--. > *V V m& ^ ■ 5 iS¥te-:> ; * -d ‘ ■ >''■ wm ^|;‘;r/- ■ -V tei 'i‘«/af'- fei;;^'‘-'.^v 'V'vil ■■ 2TJ •-. . fef ;•>V* :-r' M<.A r- i u- - .4*--<o.*; •Sp’ '7^ sp? fe4 m:mi. >;/7- 'Vf’ I y-’:? • ■»-r;*! MV‘v>i r-5:;JM^!(l^ fe?5S5vfliii :'^-: ■ ;•>' I.irfF fFv:''; .>■*.' s' •' r'V-7? - |y- ">-i’.> - F.-- is :,♦»£. vV f- •■^- . r NI'fin-*«; OT RSCULAH ORONO COUNCIL KSTTINC OCTOSK* r<,19«8 XOHINC ADHiaiSTRATOR’S RK?ORT: •9*«0 MASS TSXUUSLL 3411 I0VT2HTOW1I RGAD VTUUAiaCS MAyor Crab#lt explained taat due to an lllr.aas, t^o applicant had requested that this itca be tabled. It was aovad by Mayor Crabek, seconded by CounciInaabar CallaAan* to table this item until the applicant can be present to address the Council. Motion, Ayes-5, Nays-0, Mcticn passed. tl309 CERA19 MSLSO!f 1629 aomi's poiyr road »\?7Sa-?SE:-fACT CCMDXTlOrtAL DSK PELMITAARiAHCS 2ES010TIC3 52534 Mr. and Mrs. Nelson were present ioe *‘his matter. It waa explained by City Administrator Sernhardson that this application Involved a conditiona 1 use permit and variance for a pond that had been constructed within the 0-75* tone of the Nelson property. The pond has been underlain with plastic* and the awale and landscaping that was done around the pond are underlain with fabric. The purpose of the pond is to resolve an ongoing drainage problem. Tne Planning Commisaio . had reconnended that the clastic under the pond and the crushed rocJt/wood chips with underlying fabric remain. The fabric under tho J.and3capinc in the lakeshore yard should be removed. Mr, and .Mrs. Nelson had no questions concerning this application and stated that they were in full agreeaient with the roconmendations and conditions of the Planning Commissicn. It was moved b/ Councilaember Hetties, seconded by Councilmeaber Callahar. to adopt Resolution *2534. Motion, Ayea<"5, Nays-0, Motion passed. #Ui? mwaao szsixsat 3245 MAZZA3A SOOLZVARD OaSCZTIOMM, VSS P5RJUT PSSOXJCnOS 92526 City Adainiatratcr Bernhardson inforaed the Mayor and CounciIneabers that Mr. Eisinger was seeking a renewal of a conditional use permit to place 100,000 cubic yards of fill on his property. This had been reviewed twice by t.he Planning CoasLisaxon. It was their recommendation that three issues be considered with the approval ol' this application. The first involves the amount of time the fill will be allowed to remain in a disturbed state; the seconc involves time linitatione rtaining to the actual hauling of the fill; and the third Issue volves working with the Oron<^ Po.lico Department on safety and affic precautions. ^ * ’ ly. 1' v"; *1 lU-'V ‘>i •r-'j-r-r.• » V/ • ^e'rV V '■' c 'r^V: V..lV ^,v. ..V Sfeai r,jC*.*rfT *►.; ‘ Vtv ■^ri :r>-*\v - \: rW '^:&i A •*•. ►' 1 vJV p - ^. v,.-*!/ [\’-^. 'J'AIK ■ i^^Vy mmm <.f • ■ ■ IK '■■•'•>*V\v' ^ si^ A • .* ?•. Nff * •. Knnms o? saxi-w c«o»o comcii. *ari!«: octobo 24,x»« specified as to j ti=e li^i-t will not lonir.o Administrator Mabustn - “ “ . , i i-y of the fill ll ,lic.i this V"“*,Vr t^rafty ^Isj; -ouKi «will vary. Goetten asked ‘r‘. Mabusth assured aonitoring the ‘•r’g'neer had set out recoaaendcd her that they would. be contacting Mr. times for seeding the fil. and pr^v«n^ the fill tcom b;r:?ate tV an undetermined amount of time. Ctu„=ll-..b.r oo--" beginning the prooecr. «r. _.a.nu-. determine that at this point. j v,« r«.'n c t ’ membe r Coetten, secondeo byIt was moved by Co-ncl*^ oa-ol -ion 4252^. Motion, Councilmomber Nettles, to adop Rosol-.ion Ayes-5, Nays-0, Motion passed. S1311 JOHB R SOSAa pnyny 1975 PACSIUISSS POI3T > .VU3 V.MOAHOSS aBSOUnnOM #2527 , ma--^r.Mr. and Mrs. Purdy were prese.nt .or ...-s - - C^tv Ad-«<"‘Strator Sernnardson explained thatCl^y AGzi-^.*-3^-^ ^ r Addition on their aome. were requesting ,\c Co.-aaission and City CouncilThey had been beiore the P.an. .. recently were as.^ing back in 1935 with an applic.iticn and mere revision approval for a revision to cVed >• n-o the 0-75* tone and included a 2-seaaon « 'rdvs\lve since revised that the application was denied. ^ side of the plan and were now propoa-ng to au ‘ ‘ the lakes.hore Lu... Thi. hidi--ion -4 th. 0-7V than the existing "^j.th the application that wasrpt;oV.v°;.=T ““,%s‘ h„ r.c=».en..d .pprov.l of this application. B.Pl.p.np Pl.nnlpp Pna .4*4"/UPluS^ clarified that the harocover c «^-etbacic variance would CounciImember Goetttn asked tne j”5cated^that t.hey ^saediate plana to build a garage. Mr. Purdy inc.ca. had no suc.V plans within the next year. It was moved by Ccuncilmember Peterson, counciimember Coetten, to adopt Resolution #2527, approving t.ha a r-^ 'X.> < Tr >, •.v%, - V ^ t • .• Ql mr^s-*. ».’i;. .r <► 1 1i- ' u-VJ*- m: '5 Aii ^•» c^r?, .. ., r/t* • - S.'., - •■’' jk V ^ ♦ . hi.:-,: •■ •‘‘/ifri . - ». • is; '•> #> '*:V; iVC: ml' 4 "< f y, fv . 1. •/ H ’ k>? Bones troo Rosene Anderllk & ^ \ Associates Enginecn & Architects »US^>| A e( ms^tA* < ^ »• A .r *t^ ^ •>% • «'«•,' I ..• •♦• » I ^ 1 i V • • • • ’*W»V#* * *w «•' ^1 %l^^»* > mM»0^ e| •*'>|«»J A ^1 wA^ Vi<« e I t * Vk ^1 w^* « ^ •#J • • <* O . wwcj • XUi^rA ^1 -«iaA • NfAierMjrk Vr«" A 4a>*wa«v« e| • et^ry •*j(w«« ^ t^tsf A ' A I *I A ^1 August 31, 1968 iki’ii: City of Orono Box 66 Ct7ftai Bay, MW m «83>ra TS1 35323 Attni Ma. Jtanna Kabusch '^\ii Rei Flla Ko. 139-1310 Howard Eiaingwr 0«ar Jaaime. The propoMd filling on the Howertl Eiilnger property ec 3243 Veyxeca Boulevard •lli be coapleced over a one year time period. Reacoratlon of the site L* a concern because of the length of time o^er which the work will be done. We vould recooaeod that unfinished aide ilopea be graded and seeded periodl- cally during the courae of the project. The top of the fill area should be graded and atadad vhao tha finish alavation it raacbed. ^e seeding should be completed on or about the 15th day of tUe month of May, J^e. September. October ar.d .November. If a..y filling vork has been done. Thla will help prevent erosion of the site during the construction operations. If you have any questic s, pleaae contact this office. Touts very truly. BOMISTROO, ROSEHE, ANt'S.iLlJt ( ASSOCIATES. INC. Clem k. Cook CECIU •i ‘. r:’ ».•*'' * 4. t • -» * ■’4- .w* .•//fe tv; - ,;::p;;-' o .^. . J li?::- Bonestroo Rosene Anderlik& Associates Engineers A Architects Otto G Sor>estToo Joseph C »f ^E Uarvm L 5orvaia i*E «?»chjfd E Tur^e* ^E Glenn ff Ccsok PE Thomas E Moves PE G Scnun<hr pe Sovir^ M E^r^'n CP* Kr'*h A GonJon P£ Picnarcj w Pester ^E A Bou/tJcn PE »»am A Mansoh p£ DavC O wDS»©ca pE Rooea C SKjssen a i a Howvaro A Sanforo ^E Dona<J C Bur^rcTJ Teo n Fe»<3 PE V<naef T Rautmann PE 9ooen R Pfettere PE Thomas ’JV Pete'son PE Vijchae' C L»r<h pe ;annes R Maiar\j. PE nenreth p Arxjerson pE Mar* R W\ PE ”nomas E An^s f*E Oan*e» ^ Eegerron pe Mar* A Setp pe pniio j Caswe* PE s'^ae* pE Mart D it/a<’»s PE Thomas R Andenon Gary P Pv^anjer pE Mies 3 ^enyen 0£ t Pndtoo G/ave* 'II PE A A P?ne C P'uma.i a > a A^ies M Raig A IC P ;er^ O PE CecTMo Over p£ Gary W Morien PE *aren L Wemen PE <e*r' R vaoa p£ M<hae« P Rat* pe Chares A Eoctvx* i.eo M Parent V eartan M QiJOn Vi -.- rr. . ■• March 10, 1992 City of Orono Box 66 Crystal Bay, MN 5532." Ll Hit ' fV' ..v-j Attn: Jeanne Mabusth f; MAR 1 1 1932 Re: 4:|vf^-v''.' f,f '' Howard Eisinger Conditional Use Permit Application #1722 Our File No. 139-J 722 y..t>ear Jeanne, ■ aiv'y** 'l*. y : ri’‘i> . > We have reviewed the renewal conditional use permit for Mr. Eisinger. It is our understanding the permit is for 10,000 cubic yards of fill material. We recommend it be placed in the low areas to level the site area. The additional material up to the 10,000 cu.yds. being placed should be uniformly installed over the entire fill area. Seed restoration of the site should be completed immediately to help prevent erosion.•:mm fcr ■If we may be of any further assistance, please contact me. Yours very truly. BONESTRCKX rosene , /VNDERLIK & ASSOCIATES, INC. / Ifc r|> ■ V ‘ ■ •- . f •' ~ 't IH#S- Harlan M. Olson HMO:U pc- '■'P. 139.cor s«v. - --1. V.'*' ■■^.•V ---------------------------"..............^ ........... West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600mm- ..MM, Wh : . ^ir-"- •’^ ■ . Vf 5- V *r'i>-' % V.N;» ■■'V; :' ■• ■y ■>. ■5«'S' i 'I ;mV . ?|«?-:. ^ MPr. ~ -Ir^- Xf:'^ A ' :.' Ifet^.:.m$rkim'-P*A K»i.ilfc. M-r ...... :j:=va C; .<f = ir . ^^v:- ■h:' p" *r-: i - ■ V.* ,.^>- ;P> P 0 0:^ Sf;-“ H>' 1^: J,j ‘ IS'. Sl^i? Tos Mayor Peterson and Orono City Council Proa: Hate: % /o Michael P. Gaffron, Asst Planning & Zoning Administafet C-. « April 8, 1992 Subject: Shoreland Ordinance - Response from DNR or <a. V ^ ^ , <?>A Attached is a letter from the DNR requesting additional information regarding our definition of "steep slope" and the issue of lock boxes. Regarding Item 1, staff will research the background of our current ordinance and attempt to find sotae technical justification for our definition. Regarding Item 2, Council should consider whether the 10' setback for lock boxes is acceptable. If so, we could easily revise the ordinance to omit the need for flexibility in this section. Arguably, the only time when a 10' setback would not be possible is xn a steep slope situation where there is not a 10’ strip of flat area at the shoreline in which to construct a lock box. Staff Re 1. dation Direct staff to review the background behind the City's 18% "steep slope" definition and report b^ck to Council in two weeks . 2.Agree conceptually to DNR's proposal that Section 10.56, Subdivision 16 (E), Water-Oriented Accessory Structures be revised to require a 10' setback fromthe OHWL. Isv ■*> -rr- 6-* J,-' ,v*.v'> !#■ J ;.i'y. f ...:. pv. pi M IS if:/'- I® '■M-im IP'P' T‘^‘^ ■■ • P',- M.Pi\ ■P;.m ;.pi.>:P' Kv':^" • ^v’?. ■:&¥>. PHONE NO ■PVi'' pP;i? pPPp' «•'■ ,»(r'f.. ifei;' ■'tliHV • Qi:. '> V ** & If! m t .^! ■* ■>? :4Prp-te ..■7 • ^ :i ■ l'' »• »w .^■ .y:- ■rt'\- p%. u< <■ a:P-^'P iKr J V. f§¥ ►r ipi Sill:’: y STATE OF ij^D^lSOTT^ I^DEPARTMENT METRO WATERS - 1200 WARNER ROAD, ST. PAUL, 772-7910 OF NATURAL RESOURCES "■ MN 55106 PILE NO April 7, 1992 APR 8 1992 Mr. Mike Gaffron City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: REVIEW OF SHORELAND MANAGEMENT ORDINANCE, CITY OF HENNEPIN COUNTY ORONO, Dear Mr. Gaffron: Thank you for submitting the city of Orono's most current shoreland management ordinance. As you know, we have begun review of the ordinance for compliance with state standards. Your efforts to assist us in our review are appreciated. Additional explanation and/or justification is needed for the following flexibility requests addressed in your March 12, 1992 mono: 1.A.2. Steep Slope Definition - Orono's current code defines steep slopes as those g'**eater than 18% rather than 12%. Further justification is needed. For example, does the city have any technical studies or reports that support the use of 18% for the steep slope definition. 2.D.2. Lock Boxes in bluff and shore irp?^^ c ^ nes - It appears that the lock boxes, as defined by the orono ordinance, would be a subset of the water oriented accessory structures that the city could allow. If the city required a 10 foot setback, no flexibility would be required. What is the justification for not requiring a 10 foot setback? We are in the process of doing a detailed review of the ordinance, and may have further questions in the future, however, the requested information should be forwarded to this office as soon as it is available. Please contact me at 772-7910 should you have any questions regarding this request. Sincerely, Ceil Strauss Area Hydrologist cc: Ed Pick AN EQUAL OPPORTUNITY EMPLOYER . .^..f ■■ ^ ^-ai-^ays, landings, and lock boxes, bluff &;SdU c waters or- set back double the IFo^lic waters frontage, mus- ^ be substantially iSf, >■"•-“ “«“““■■ , „ 5. Fences, docks, retaining of dock ,hall be o1:‘^the''‘‘oV^"^^^ “““ “• ■”"' ••tbadc * Average \^^^f°^%^oser'fo the llkelhore ^Idikgs on. ?dJ»«“„\i'kgV.' anf lockboxes.; ^ha?! stairways, lifts, landings, .jslcV line shall lakeshore ®'^®rage l^|^°r| ®j.obrusions of the be\*8traight line oonnecting tte most ^ lakeshore lots. -^.tdSn^e luildings on the immediately AH n Minimum Lowest . «—i av District which are Structures located «i^bin t^ne Shorelana^ v^. Secti'on }o 55 of this Subject ro the flood plain reg^_^ elevation consis.ent^wi^^^.^^ ordinance . . .+r ^-ction. The regulaw.ory 10.55f Subd. ' requirements of ^^blished as set f°rrh i” ^^be Shoreland elevation shall be «st ootstructed withi basement, 7 of this code. All »t tot ieguietory flood overlay District shall na j. ^han ^he tegui J ^ion “ ,o, x„...»“ : a level «r 1“''biohever is higher, feet ebove the Ordinary Eig „,,,ams, by placin' .owest: fl*at least 3 feet above the ster-or^ed ^^IVfVIvil^T^hhe ““^^^bl^nogreater than 20 ittSfild^il thil%%ction shaH ^e a l°-b^box^\„ ^height. ^ b a ■mr^/ ^ cemeteries are automatically _ Tanr^S h3 0 sionxii ^ ^ , 26. o/ir « ?* {JM0A^S2T lH62lSUic are nor w.«r-Orienred Co^«=ia^ -f,,'| M- rJ.ai^e“i=/tn 'parr^ rbe normal con.ucrance f5rf»ce water £earut«= business 28. -variance" S?lt«tes l“|p« 4« defined or described m m^at term- is aexin« S2.cnrv structure or 24. -water-oriented i„prov^ent, icility" -.A and watel'fe“ature', tcept a^airways, fe to a aj^* waters than the leause of the located closer h° P such structures and.eaonably needs to be Examples .i3h houses, *Tl“AierincluII boathouses, garebos, sc.e.n mp houses, and detacneo ,,,d detacneo aew^-- as ,„ Shall have the same meaning •?*; "Wetland “ Snaii 10 S5 of the zoning code, fined in Section 10.55 orfc^e.—— — • • —e this ordinance ,.- a Ju--'sdiction. The provisions J bodies as SubQ. '*• J“*ho-eiands of the public e^i_ ^ nf 2.n in subdivision / o. - ^„^«land of public e subdivision ®*^^her apolicable regulations. this section and other ap. xsUXU.9 «*'•------- «T/-.m*nCT Administrator is t-j i; Enforcement. The ^S^^^^or^ment of this Subde 6. a/iministration and e e.t,ic ordinance or ilure to and safeguards constitute a iJ*‘S^on. Subd. 7. = =^a«1fe*l^^^^ the protectee iilr i 1 ; i •’i*. - -^-- mm-6»' W'if:P>' r*//Owaer City of Orono, 1335 Brown Road, Crystal Bay, MN 55232 Date March 24, 1992 Fbr Period January 1, 1992 to March 24, 1992 Request No. 4 Contnwtor BAD Underground, Inc., 1351 Co. Rd. 83, Maple Plain, MN 5535^/^»^ i rni^m: iliPi 1 SUMtblAIlY fe& - A . . . <«Ongittil Contract Amount REQUEST FOR PAYMENT Trunk Hij^way 12 Frontage Road Sewer, Water, & Street Improvements Project No. 91-2 Flic No. 13951 y,. K>>o %0 Chaane Order • Addition Clangrt Order - Deduction Revised Contract Amount 18,925JO pS 5 Vadue Completed to Date ' Material on Handfe"- Afflount Earned Less Retainage 5% |p9 Sub-Total Less Amount Paid Previously 11 amount due this request FOR PAYMENT NO. tended for Approval by: ROSENE, /^ERLDC R ASSOCIATES, INC filApproved by Contractor . B A D UNDERGROUND, INC Approved by Owner: CITY OF ORONO, MN P'-” ■ ,:r' mm Sped^ed Contract Completion Date: ^ Nov. IS, 91 - Substantial; June 30, 91 - Final ■ fe- m,- Date: V‘13M1RFP My : , "^mmrnrn: 188,786^)0 -1 1 % $2ir,7llJ0 $165,497.16 S ODO S 165,497.16 $8,274S6 s 157,222J0 $151,571.87 $5.6S0.43 i i mm 1 j- -..'.’L r I'- •• . . V.;.'TSSW ■'^?r,''., ‘^W< - v^‘>- *♦ rfe^^'<}V< m ■■ Rut A • Sanirsrv % 1 8* PVQ W-12* dp. in pL i^v' m' p?' fe'iiv:Pi!*!-:' 2 «• FVC U’-14’ dp. in pL 3 r PVQ 14'- 16' dp. in pL 4 8" PVC, 16’-18’ u pL 5 V PVC; 18’- 20’ dp. in pL |||m;; , 6 fr PVC sewer service line 7 &d. 4* dan. manhole 8’ dp. w/1642B citf, in place% 8 Manhole depth greater than 8* deep K'-' 9 8* X 6^ wye branch ^ Ok into existing 8* VCP p It Mcchifikal trenefa ^ 22 loqirovcd pipe fbundaiioa per 6” depth S3® iacrement in place 5-'13 Television inspection pf ■ i;i;Teul Part A - Sanitary Sewer mMP^'vlfH i Part B . Waref Main ■' 8* DIP. Clatt 52 water main >f|^V 15 9T DIP, Class 52 water main #;-v- V 16 12* DIP, Class 52 water main feii- %17 tP resaCent wedge GV and box ^ r,-, r. 18 8^ resilient wedge G V and box |p^l9 1^ resilient wedge GV and box ^> 20 5” valve hydrant 21 Conne ct to exisL water line (wet tap) 22 Connect to exisL water line (cut in) CX nttings ^24 Mechanical trench compaction I 29 Improved pipe fbundatioi depth increments in place p 26 Clear and grub trees tefe T6tal Part B - Water Main H muifp m RP-1 Uq U CoolnKt QiiAoUty Unil Prtcc QiMsUty Ta Data AJMiial To Dalo LF 40 15.00 87 L305.00 LP 200 15.00 250 3,750.00 LF 200 15.00 200 3,000.00 LF 260 15.00 200 3,000.00 LF 60 25.00 20 500.00 LF 60 10.00 60 600iX) EA 3 995.00 3 2^J0Q LF 23 58.00 215 L247.00 EA 2 50.00 2 100.00 EA 1 300.00 1 300iX) LF 820 0.65 817 53L05 LF 750 1.00 757 757.00 LF 760 1.00 $18,075.05 LF 50 15.60 30 4684X) LF 875 15.60 840 13,104.00 LF 580 20.85 575 11,988.75 EA 2 340.00 2 680i» EA 7 440.00 5 2,200.00 EA 2 795.00 2 1490.00 EA 2 L100.00 2 2400.00 EA 1 1,440.00 EA 1 300.00 1 300.00 LB 4,500 0.85 n 4,495 3420.7." LF 1410 020 L445 289.00 LF 300 % 0.80 300 240.00 EA 15 85.00 27 ■y 90^ nn $39,17530 5! ■1 x-'j J i^**'*-"^* _________________ i^t; ■* .'pil'i-.t-.tJ»- -=^ llMM 5^‘fvv : ‘tit:- Part C - Storm Sewer ^ 12* RCP, Class V in place ^l?a ir RCP, Oati UI in |)lace H; » 21* RCP. Cte5 ra in place %p 30 Std. CBMH W/3067V casting ;£35ft-f:SCd catdk tMsin W/3067V casting Jii JfZ 21* RCP flared end w/trashguard "33 Vr RCP flared end w/trashguard 34 Riprap in place 35 Type 1 ^ blanket mi.i ipi(, 3^ Siltation/eroMon control fence, Si Mirafi "Envirofence*Ip-'bHIv . 37 Improved pipe foundation per 6*m depth increment in place ■ 38 Mechanical trench compaction -. - ■ Mi*- Total Part C • Storm Sewer ■‘I,. Part D < Street 39 Common excavation <r 40 Granular borrow 41 Class 3 aggregate base Class 5 100% crushed quany limestone aggregate base i ! 43 TVpa 31 base course mixture Type 41 wear course mixture 45 AC-1 bit material Cor mixture 4' Bit material for tack coat 47 2341 bit material for patching '43 B618 concrete curb &. guuer 49 Reinforcing for curb . 50 Sod with topsoil rr. 51 Seeding£-i.' 52 Geotextlle fabric I' iWJtPFP i:ym, yt'_. ' ..... Unit CoalTBCI Quantity Unit Pile* Qij^Uty T1 Out* AmiMUil To OoU LF 160 15.00 261 3,915.00 LF 370 17.00 380 6,460.00 LF 75 20.00 70 1,400.00 EA 3 988.00 3 2,964.00 EA 2 856.00 3 2468D0 EA 1 650.00 1 650.00 EA 1 480.00 1 480.00 CY 3 40.00 SY 2 10.00 LF 250 1.80 50 90.00 LF 300 0.80 200 160.00 LF 510 0.20 641 'Jfl $18,815.20 CY 5,500 ' 1.25 5,430 6,78740 CY 2,000 7.25 2,671 19464.75 TN 2,400 5.70 1430 J3 7482.88 TN 1,750 940 1,627.08 15,457.26 TN 550 16.80 TN 275 20.00 TN 47 135.00 GL 300 L80 TN 20 64.00 12.83 821.12 LF L460 5.60 LF 200 0.75 SY 4,000 140 AC 1 900.00 SY 3400 1.20 2,915 ■3,498.00 RP-2 -iryr t ■"TW.........llta /H S3 4^ sabdnia per detail Total Part D • Street ___,^’'-SJ '' V ^ *- Aikfaitdiim Nq. 1 « Part B • Wafer Mniy^ p : 54 Caiiaf for 8* DIP Caiiiig for IT DIP |Si.,.1^>^ Addendum No. 1 l^.jJi*.); • . 1 f ''i,^ • f' £.- >■ / glMii|ii ni^r Nn 1 ilrV-» S^sfcW-v m^,li|y..' Change Order Nn. 2 1^ Qaia 5 100% cnished quarry Dmfatfonf! aggregate base Total Change Order No. 2 Dali CantrmclQuaatily Unafries Qttuiify To Dole 800 5.80 800 m^r' tm§> ^ *^ ‘ v. .'to: .*■■> ffiSr.' >-..i -Vi.*-..-:...» ■ '‘V’.* •,<<:, ■'• ...'■K-- LF LF 45 60 118.00 118.00 Ton 250 9J0 RP-3 AomhwI To Dote Ajuam S58.151.51 5310.00 $5310.00 gr DIP, Oats S2 water main LF 50 15.60 43 670.80 V DIP, Clat' S water main LF (35)15.60 ir DIP, Class S2 water main LF 410 20.85 410 834830 tBT DIP, Qms 52 water main LF 250 28.00 250 7,000.00 e* resilient wedge OV and box EA 2 340.00 2 680.00 T lesiliait wedge GV and box EA (1)440.00 12* butterfly valra and box EA 2 795.00 0 1390.00 10” bulterfbr valve and box EA 2 1,660.00 3320.00 S" valve hydrant EA 2 1,100.00 2 2,200.00 Connect to exist, water line (wet tap)EA (1)1,440.CL CX fitting LB 2,000 0.85 2,000 1,700.00 Mnchaniral trench compaction LF 670 OJIO 703 140.60 depth increoMWts m place LF 130 0.80 150 120.00 Casing for IT DIP U.' LF (60)118.00 Total Change Order No. 1 $25,969.90 nnn $o!oo **-.7’-fT'^i UaU Cootracl Quaality Unil ?ri€m Qmmality To Dalo To Dot# -'^ Tbcal Part A - Sanitary Sewer iiv. r'rrV^'- i - Or;S Total Put B • Water Main Total Part C • Storm Sewer Total Part D - Street Total Addeadum No. 1 Total Change Order No. 1 Total Cbange Order No. 2mM,,: ^tr’; ^ Total Work Completed to Date 18,075ii5 39.175J0 18,81520 58,151.51 5210i» 25,969.90 ----ooa $165,497.16 sv. r.. ,• • ,-r'sifS .■," ■> •- v»; 'i ‘ ■ -i‘. mm;--: :. V- i:-|S|?%.:>- ■ ®^s;A 0$s}l‘ ips-- ■ v>-..=;.mm-^. 'i-v f • I 43MUIFP RP-4 ‘hl: J I I jI r PAYMENT STATUS Qty of Or ftmjoitt Nou Trk Hwy 12 Frontage Road Sewer, Water Sc Street Improvemc 91-2 nts I me No.139S1 B & D Underground, Inc. ORDERS Due 10>10-91 Additional work Amount $16,550.50 ^P:;2- fer-.-.,-' mm /" }PP.:3- is?‘? 3*18 ‘92 Additional work 2375.00 >5> - Total Change Orders - Add $18,92530 12.1.91 -Ci. .1-1*92 Payment $52,484.46 60,18934 3839737 5.650.43 Retainagc $2,76234 5,93031 7,977.47 8,27436 Completed $55,246.80 118,60431 15934934 165,497.16 MM’ ?ayraeat to Date ^jUtailMIge, Payment No. ^ocal Value Completed $157,222.30 8,27436 $165,497.16 Original Contract Change Orders Revised Contract $188,786.00 18,92530 $207,71130 Wl RP-5 Mr mmm i i i 1 - :■ ff:-^‘> - ‘ ,V^'-s>*;‘’ *“ fej ^ V'.i-'VJ'- : • ii»f»: im .. fei. ■: iilfV. fefl;.'-' p iT •mm.. Mf* ^’V ? ■ v:ts! IV ;;-.f- J.' ■ vv-"' ■ ./ i- r ' - ■ • V ■ ^ _ f^-‘ *-■■■'.■’ .niW'''-'- •■ #«-'V-- ra- 'fe. i '' ■ ■,■;»*£:'' ’S mm^ ■ Vf$-v^-.. *ft-‘-'V * 'J. -■■'j.:V - f ■:K-m<- ■ * '"'M'mk^-: 'c^-i isE;,,. ;■/•»■ ^:- ■ : ; -. .1= - • */'?v, v; -V j'- TO: FROM: DATE: Ron Moorse, City Administrator John R. Gerhardson, City Administrator April 9, 1992 SUBJECT: Playground Equipment - Bederwood Park %> ^Of, > 'n? % On March 20, 1992, the City received and opened bids for playground equipment at Bederwood Park. We received bids from four bidders as follows: 1.Minnesota Playground add for two diggers add for pea gravel vs sat.d $17,742 450 400 $18,5^ 2.Miracle Equipment w/17' slide (12’6”) add for two diggers $21,273 498 $21,771 Miracle Equipment w/11' slide (7') add for diggers $19,861 498 $20,359 3.Earl Anderson add for two diggers $24,365 1,030 $25,395 The Park Commission appointed a three person committee to determine the needs and wants and staff prepa..ed the bids accordingly. After the bids were opened the committee met with three of the four bidders to discuss their bid amounts and type of equipment bid. After review of the three lowest bidders, the following criteria has been developed to assist in determining the company that can provide the needs and the intent of the specifications. 1, Does the equipment meet specifications. 2. Is the equipment the quality desired. 3. Does the equipment meet current and future Americans With Disabilities requirement. 4. Cost. 5. Safetv concerns. Kk" ■vVr' ' K-;. '(V'•■ >,/•* hrt.feffV ■ MINNESOTA ^PLAYGROUND if !i:fv:>'. r »-i*-»-' ■ i';ifj > ''k«>..- Sif. ■te, ■ ■ 1. Yes 2. No 3. Current yes - future no 4. Low bidder US Consumer Product Safetyb. Meets guidelines of Commission MIRACLE EQUIPMENT 1. Yes 2. Yes Kl'#'iJSi;fe#?-'3. 4. 5. No 2nd low bidder 11' slide (7') does not meet Safety Commission US Consumer Product MIRACLE EQUIPMENT V jKSlfc 1. Yes 2. Yes . ... iipiStis-.fas* "I- 3. Current yes - future no 4. 3rd low bidder 5.17* (12*6") slide does not meet Safety Commission US Consumer Product shW< ■Mk:3?i»; ixte'-' EARL ANDERSON 1. Yes 2. Yes « 3. Yes 4. 4th low bidder 5. 70" slide meets US Consumer Product Safety Commission A representative from the Park Commission will be available at o 'K Council meeting to discuss the bids and the bid award. TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator April 8, 1992 % / % SUBJECT: Stubbs Bay Sewer Project Proposed Assessment R^'ll Attachments:1. Resolution Declaring the Cost to A-.es'- d a" ^ e..ing the Preparat i.,i) of the ror . Assessment 2. Resolution for a Hearing on the Proper Assessment 3. Notice of Assessment Hearing 4. Notice to Individual Property 0w»ers of ue Assessment Hearing and of their Individual Assessment Amoui t At its April 1 work session City Council made a number of determinations concerning the Stubbs Bay sewer project. A.The Council determined that all proposed project areas be included in the project. The only ‘.ential exception is the Oxford area, which can be excluded if all properties are able to meet the exclusion criteria. B.The Council also determined that the proposed assessment roll should reflect a 30% city participation level. Staff is recommending two exceptions to the 30% participation level. Both relate to vacant properties: city ! .Those vacant lots that were not buildable with septic but which become buildable with sewer, should be assessed at 100% of the unit cost. This recommendation is based on .he very large benefit provided by the creation of a new lot. 2.For those properties where sewer a ^'a i lab i 1 i ty enables an additional lot or lots through a subdivision the potential additiona? lots should not be assessed at this time. The property owners should pay a connection charge equal to 100% of the cost per sewer unit at the time of the subdivision. This recommendation is based on the large benefit provided by the creation of a new lot. This recommendation also enables the city to avoid making any commitments regarding potential additional lots at this time. V , v,‘ •' wm 'mji' ^fy-i "■■^ ®a, . V- V.' ir/-^.. yt^' p|:%: •:?v^'" _ , I N‘7 If-.' pi'''' '■' w... \ i ■Mm. PROJECT COLT AND ASSESSMENTS rti a recent meeting to finalize the staff recommendation concerning proposed assessments Bruce Malkerson, the City Attorney, suggested that the estimated project costs should include a contingency amount. he indicated that if the city were reguired to acguire even one easement through th eminent domaine process, the amount currently budgeted for easement acquisition would be totally used. In staff discussions it was determined that a $100,000 contingency amount should be added to the project cost to protect the city against potential additional costs. The $100,000 contingency amount has been included in the total pr>' ‘ect cost for purposes of calculating the proposed assessment roll. The contingency amount increases the per unit assessment amounts by $400-$700 depending on the assessment amount. If the contingency amount is not required to be used the assessment amounts can be reduced prior to levying the assessments. Although the assessment amounts were calculated at 70% of the cost per unit, six vacant lots were assessed at 100% of the cost per unit. This was based on the proposed policy concerning vacant lots which become buildable lots due to the availability of sewer. These 100% assessments resulted in the city's participation being reduced $26,490 below the 30% level. This amount was then used to reduce the assessments of those areas with the highest assessment amounts. The proposed assessment roll reflects those reductions. The proposed assessment amounts for as follows: the various project areas are AREA # UNITS TOTAL COST PER UNIT TOTAL ASSMT PER UNIT Stubbs Bay N.E.44 $12,630 $ 8,840* Stubbs Bay N.W.25 12,630 8,840* Bayside East 14 12,630 8,840 Bederwood 11 19,550 12,990 Bayside North 4 16,550 11,585 Oxford 9 23,360 14,990 Cygnet 30 19,460 12,995* There are three lots in Stubbs Bay N.E., one lot in Stubbs Bay N.W., and two lots in Cygnet Place that are proposed to be assessed at 100% of the total per unit cost because they are currently unbuildable lots which wil1 become buildable due to the availability of sewer. ' ■ V' COUNCIL ACTION REQUESTED m, mp- te 1. Motion adopting a resolution declaring the cost to be assessed and ordering the preparation of the proposed assessment. 2. Motion adopting a resolution for a hearing on the preposed assessment. : ■ K -1' ■> "tes iSc^- K#''* m-A' ' iKiP'ff ifi :4 f/i ■c2'i mm ■'} fi '•%.?'t:W": a&xVV'. ;-i’.- Vjin'"I:'/im. hi . ■■ ‘fv"''''. t ^ . ... ;^.-i :* ■ 7^' V>;: *'*.. '.T:-.r, • A RBSOLOTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT '.‘■r -:' mm% ■ <iV‘' WHEREAS, a contract has been let for the improvement of sanibary sewer in the Stubbs Bay area and the contract price for such improvement is $1,530,742.00 and the expenses incurred or to be incurred in the making of such improvement amount to $567,600.00 so that the total cost of the improvement will be $2,098,342.00. Wn'-^ "s; m MOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OBOMO, MINNESOTA:'■ir 1. mIt#' fn. The portion of the cost of such improvement to be paid by the city is hereby declared to be $629,502.00, and the portion of the cost to be assessed against benefited property owners is declared to be $1,468,840.00. 2.Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 1993, and shall bear interest at the rate of 8 per cent per annum from the date of the adoption of the assessment resolution. The city clerk, with the assistance of the city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessabxe lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the clerk's office for public inspection. i:I wn ‘P-4:: r 4.The clerk shall upon the completion of such proposed assessment, notify the council thereof. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held April 13, 1992. '-'-t- miIseSr' ATTEST:Barbara A. Peterson, Mayor '■V'r ■ ■ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _r}|Sfborothy M. Hall in. City Clerk 7 • f- ■ f> ' ■ •': i;’Vi • ■;. -y It.,-'. fe' - ^ Wrmfe.r •V ,■••. .- 'J /A- > rfSlK &P' '-^5‘'i'M’ f:'^''-V %• V- &;., SC^f; •. ' V . * RESOLOTION FOR HEARING ON PROPOSED ASSESSMENT STOBBS BAY AREA SANITARY SEWER ffHERBAS, by a resolution passed by the council on April 13# 1992, the city clerk was directed to prepare a proposed assessment of the cost of the Stubbs Bay area sanitary sewer. AND WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the clerk's office for public inspection. MOW# THEREFORE# BE IT RESOLVED BY THE CITY COUNCIL OF ORONO# MINNESOTA: 1. A hearing shall be held on the 4th day of May, 1 992, in the Orono High School Cafeteria, 795 Old Crystal Bay Road North, at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the city the entire amount of the assessmen remaining unpaid, with the interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held April 13, 1992. ATTEST:Barbara A. Peterson, Mayor Doro’-hy M. Halim, City Clerk p.i.n. I CITY OF ORONO NOTICE OF HEARING ON PROPOSED ASSESSMENT m-f p’. W'- ^Va'. m-£! iSfv" %'W- ■ ’ - ■ ■ il§- /■'iw-- TO WHOM IT MAY CONCERN: Notice is hereby given that the Council will meet at 7:00 p.m. on Monday, May 4, 1992, at the Orono High School Cafeteria, 795 Old Crystal Bay Road North to pass upon the proposed assessment for the sanitary sewer trunk and lateral improvement. The following is the area proposed to be assessed: I. All property in the Northwest quarter of Section 5, T. 117 N., R. 23 W. lying Southerly of the Luce Line Trail, II. All property in the Northeast quarter of Section 5, T. 117 N., R. 24 W., lying Southerly of the Luce Line Trail. III. Properties in the East half of the Northeast quarter of Section 5, T. 117 N., R. 23 W., which abut Leaf Street. IV. All property in the West half of the Northwest quarter of See on 4, T. 117 M., R. 23 W. V. All property in the North half of the Southeast quarter of Section 5, T. 117 N., R. 23 W. which abuts Oxford Road or Bayside Road. The amount to be specially assessed against your particular lot, piece, or parcel of land is $_ _ _ _ _ _ _ _ _ _. You may at anytime pfior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Orono. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the city the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 8 percent per year. The right to partially prepay the assess'^ent is not available. The proposed assessment roll is on file for public inspection at the city clerk's office. The total amount of the proposed assessment is $1,468,840,00. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or presented to the The council may upon such the amount of a proposed Bi'.. S0'., presiding officer at the hearing. notice consider any objection 1 E5t _•fT^“V' P'./B-^ individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is the following procedure will be followed; an adjourned hearing# 1. m The city will present its case first by calling witnesses who may testify by narrative or by examination# and by the introduction of exhibits. After each witness has testified# the contesting party will i>e allowed to ask questions. This pjQQg(3uif© will be repeated with each witness unnil neither side has further questions. After the city has presented all its evidence# the objector may call witnesses or presen'- such testimony as the objector desires. The same procedure for questioning of the city's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel 4.Minnesota rules of evidence will not be strictly applied; however# they may oe considered and argued to the council as to the weight of items of evidence or testimony presented to the council. 5. The entire proceedings will be tape-recorded. 6. mmiv" At the close of presentation of evidence# the objector may make a final presentation to the council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to district court pursuant to ■ Mi Statutes Section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. Owners of homestead property who are 65 years for a deferment of the special assessment criteria set forth in City Council Resolution or older may apply if they meet the #2864. By Order of the City Council i-Dorothy M. Haliin City Clerk m \^r Wui- Mm.. .1.. v,; ':. “p- ■ r.';> K-;,* ;^> .'■5f. : ■ ' ■-* K 0: w. §m A> :^r .a H ■ pit, • &’• / ■ ■life' •* ft ♦,. -^ V r : . iW\0^- %w i^-.. . rV*^'' '; ; i't?-; fe ■; i. :vi^'.’■.■■■ CITY OF ORONO NOTICE OF HEARING ON PROPOSED ASSESSMENT TO WHOM IT MAY CONCERN: Notice is hereby fe'U"' wm, v: V.V - ■ 0-m mm given that the City Council will meet at 7;00 p.rn. on Monday, M«y 4 , 1 992, at tha Orono High School Cafeteria, 795 Old Crystal Bay Road North to pass upon tiie proposed assessment for the sanitary sewer trunk and lateral improvement. The following is the area proposed to be assessed: All 117 All 117 Trail. property in N. , R. 23 W. property in N., R. 24 the Northwest quarter of Section 5, T. lying Southerly of the Luce Line Trail, the Northeast quarter of Section 5, T. W., lying Southerly of the Luce Line III IV. V. Properties in the Section 5, T. 117 East ha 1 N., R. 23 of W. , the Northeast quarter of which abut Leaf Street. All property in the West half of the Northwest quarter of Section 4, T. 117 N., R. 23 w. All property in the North half of the Southeast quarter of Section 5, T. 117 N., R. 23 W. which abuts Oxford Road or Bayside Road. The proposed assessment roll is file for public inspection at the city clerk’s office. The total amount of the proposed assessment is $1,468,840.00. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or presented to the presiding officer at tne hearing. The council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is the following procedure will be followed: an adjourned hearing. 1. 2. The city will present its case first by calling witnesses who may testify by narrative or by examination, and by the introduction of exhibits. After each witness has testified, the ccntesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. After the city has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the city's witnesses will be followed with the objector's witnesses. ....■f”'- 'v . .4A. mmI'fr- i.\ ,./ . . . ■•■>,."imm^' 3. 4. The objector may be represented by counsel. .1 ., Minnesota rules of evidence will not be strictly applied; howeverr they may be considered and argued to the council as to the weight of items of evidence or testimony presented to the council. 5. 6. The entire proceedings will be tape-recorded. At the close of presentation of evidence, the objector may make a final presentation to the counci 1 based on the evidence and the law. No new evidence may be presented at this point. *3f:' ■ sf^- mi'; An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. Owners of homestead property who are 65 years or older may apply for a deferment of the special assessment if they meet the criteria set forth in City Council Resolution #2864. By Order of the City Council i4< mm!r.v Dorothy M. Hallin City Clerk m-' it "...n < m 1 * ■" wiisjissr--^jT • , • .t <« te-p-'-:-1.^ .r.. -■•r. .V- • ‘riS;?.*ItSiSfe II&- Bffitfr'* i * - t.-i ^?ril.;Vr-i>,.^,‘> ShfS ;-:t“ Sl^*'!i!‘-.^f- |S^‘TV- l?.^i .: ^|a: i^" fel.'." ''tef- mm.w& TO: FROH: DATE: Mayor and Cit‘ Council Ron Moorse# City Administrator April 8, 1992 'ifi^ ^4«»s> SUBJECT: Resolution in Support of a WeCAN Grant Application Attachments: 1. Summary Information Concerning the WeCAN Hope III Grant Application 2. Suggested Resolution WeCAN is preparing an application for a $50,P00 grant through HUD for planning activities related to a program for the development and provision of homeownership opportunities to first-time home buyers* WeCAN has requested th^: City adopt the attached resolution in support of their grant application. mmpCi|:, 11^.V jV 01 nL?Or^i ;Sv- Wii'f Us# ^;’* ;■ 0m: IK-^;t^v- I*:-; ;m. «0x? IP ■ '* Ifo' •■ -> f h '•- ^r ils‘fc' .K ■:<■ p * ■r- :3/9 2 SUMMARY INFORMATION ON WeCAN’S MOPE 3 GRANT APPLICATION ^AriOPE 3 PROGRAM SUMMARY The HOPE 3 Program is a new program by the J. S. Department of Housing and Urban Development aimed to empower many low-income families to realize the American dream of homeownership. HOPE 3 GRANT AMOUNTS Under HOPE 3, HUD awards both planning and implementation grants to eligible applicants selected on a competitive basis to aid them in developing and carrying out homeownership programs for Lirst-time home-buyers through the use of single family properties from eligible Federal, State and local government sources. HOPE 3 funds of $95 million are **/ailable for FY 1992 gi'ants, with $10 million available for planning grants, and $85 million for implementation grants. Planning grants are limited to $100,000 and acti\ities must be completed within 12 months. HOPE 3 ELIGIBILITY REQUIREMENTS Eligible properties are one to four unit residential properties held by HUD, VA, RTC , and ta.\-forfei ted homes. Eligible applicants are private nonprofit orgari izations, cooperative associations, and public agencies in cooperation with a private nonprofit organization. Planning grants arc available to organizations that are inexperienced in homeownership programs and need financial assistance to determine the feasibility of, and plan for, implementation of a HOPE 3 program. Eligible activities of a HOPE 3 nlanning grant includes assessing the stock of eligible properties, training o^ grantees, feasibility studies, identification of counseling/training curricula and sources, planning for eligible economic development activities tor homebuyers, administrative costs, and preparing an Implementation Grant application. HOPE 3 T1MEL1NE3 Planning grant applications are due to HUD by April l«i • Awards aro made January 1- 1993. Planning giar funds mus e expended by December 3.'., 1393. *11 tt /'"fi&lft ,«te>.;* ■•'- p'-‘- te':. k^.:; - ■.-t- %v' te?#' M. mr^-kteK. IfS?"mm- P'fe; fc%- ipsir mm- 'km^‘ i*»v. mBmm' ^!^‘~".-^^^ibiihIftii«li^--'' p.2 SUMMARY INFORMATION ON WeCAN’S HOPE 3 GRANT APPLICATION WeCAN GRANT APPLICATION _^»JMMARY WeCAN is applying for a S50.000 HOPE 3 Planning Grant for the ^“STechniLrrsrittlnce! oounaeling/training curricula and sources . ® J*.?'^ economic development activities for homebuyers. administrati coats, and preparing an Implementation Grant application. WeCAN»S HOPS 3 PLANNING GRANT BUDGET WeCAN will apply to use a S50.000 HOPE 3 Planning Grant as follows; S3S,000 Housing Program Manager, gross salary Administration Clerical support Equipment and supplies Training 4 technical assistance TOTAL 7.500 3,000 3,000 1.500 $50,000 CBOGRAPHIC SCOPE The area WeCAN is proposing to work in include? the Spring Park. Tonka Bay, Mound, eastern Minnetrista, and wester Orono. PROJECT GOALS Plnnnintf work goals are the following: * v.; „ < To identify and fssess at least 10 eligible properties in « T^i^ntlfy about iS potential VeLntaiion q. xlify as first-time hotaebuyers under a HOPE 3 Implem * To^provide training and technical assistance to at least 10 WeCAN Boardmerabers, Housing Committee members, and other interested community leaders In the formation a nonprofit housing development corporation capable of p a HOPE 3 Implementation Grant fi-qt-time * To identify housing support services home homebuyers, such as financial counsel!, g, Jj^^tncr maintenance education, and job training and self-aufficien y a ^fcondict feasibility studies on making speoific properties affordable to eligible low-income families _^„t-effective, g To conduct teasibility studies on operating meaningful homeownership program * To prepare a HOPE 3 Implementation Grant application : «* ^TvV m m py,""' i»^- W'fet fev?' I’iif. / ml &#>. •?*t^'■• •;/i7?..'.-Ki'' ^ pi: mlv . V t<-. LtV ‘ '-■•.• vi.'V - iilli'.•••■ > ,*s p.3 3/92 SUMMARY INFORMATION ON WeCAN’S HOPE 3 GRANT APPLICATION WeCAN CAPACITY k BXPHRIENCE WeCAN is community-based nonprofit organization which provides direct human services to low-income families and individuals in the southwestern communities of Hennepin County. WeCAN operates under a philosophy of the empowerment model, by enhancing low-income peoples' self-sufficiency by building on the person’s capacities. WeCAN is currently conducting a Joint community planning project for affordable housing, which identifies housing needs of low- income people, housing resources available to low-income residents, and creates ways to bridge the gap between housing needs and housing resources. Other programs and services WeCAN provides include: services to families in need t t t Delivery of emergency assistance or crisis. Expansion and improvement of our existing Meals-on-Wheeia program to older adults ana the homebound. Providing financial and budget counseling for low-income residents under contract with the Minnesota Financial Counseling Service. Providing food and nutrition educational services, which match single-parents with seniors, under contract v/ith the University of Minnesota’s E.xtension Service. Community planning for affordable housing. Providing public assistance intake application services in arrangement with Hennepin County Economic Assistance. Providing energy and fuel assistance in arrangement with West Hennepin Human Services Planning Board. Providing family and individual counseling in arrangement with Pyramid Mental Health Center and Relate Counseling Center. Co-sponsorship of the Westonka Food Shelf and Pennyw..oe Clothing Shelf. Co-sponsorship of N^w Beginnings, which provides social outings for young adults with developmental disabilities. These pror> ipt and services benefitted 826 low-income households in 1991 and imj- projections show that services will benefit 1,04 1 households xi; 1992. .t. lx i f/K?-’ !>*»*• ‘ -S' .^f f r *m > trv*^''-sll'i'^" lS|!^w.K RBSOLOTION IN SUPPORT OP WECAN'S HOPE 3 GRANT APPLICATION 1&ii WHBREASr the HOPE 3 Program is a new program by the U.S. Department of Housing and Urban Development aimed to empower many low-income families to realize the American dream of homeownership; and ' WHEREAS, it is in the public benefit to get vacant alfeX residential properties, which have been foreclosed or tax- forfeited, back onto the tax roles and available for new homebuyers; and K-'v WHEREAS, it is in the public benefit to enhance the self-sufficiency of low-income families residing in our city and to enable these families to become first time homebuyers; and i'fe;-: ifeft W»'M". WHEREAS, Westonka Community Action Network (WeCAN) is applying for a $50,000 HOPE, 3 Planning Grant for the purposes of assessing the feasibility of operating a homeownership program for low-income families in this commui i»-y. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Orono supports WeCAN's HOPE 3 Planning Grant application. ■mm-m--4’. ii®-. -7 V Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held April 13, 1992. Barbara A. Peterson, Mayor ATTEST: Dorothy M.Hallin,City Clerk ft*? ^,®r:vyv; 1 i p , is'"T«‘>'T ''fr>'Iffisi'--' ... ..?;:.. . (’v.-'.^r ;>’ Kt V'- ™Si* pK"-te» sisfS:'-iS» ■1.2^-^-^4-1 rn^mPS»? V,' ■: IMil; ISfS’^:ss®..¥mi^. Ifiii; A'-' '.'i t fei®' iW-ftsp*' ^ :=.vv ■: "v;TO:FROM: DATE: Ron Moorse, City Administrator Dorothy Hallinr City Clerk April 7, 1992 %'■<'\ c/<? SUBJECT: Step Adjus. lent - Lin Vee Deputy Clerk Lin Vee, Deputy Clerk will complete two years of employment on April 23, 1992. Under the City Compensation Plan, based on an acceptable level of performance. Deputy Clerk Lin Vee, is eligible for a wage adjustment from Level 4, Step II ($ 11.1 09/Hr ), to Level 4, Step III ($11.726/Hr) effective April 23, 1992. It is recommended that Lin Vee’s wage rate be adjusted requested effective April 23, 1992. 'SII •m '■ 4 'i ■:i '^1 I 1 ‘1 5 .^rrw*r«/6 wMm^TOS PROM:fMl^- /6- . ■; «i»i-,., ■_ Ron Moorse, City Administrator Tom Kuehn, Finance Di rector April 8, 1992 SUBJECT: Salary Adjustment - Officer Jay Dembouski \ % *5^ 'P As b£ April 6, 1992, Officer Jay Dembouski completed 2 years of I'S'-fe service with the City of Orono. Under the 1992 LELS contract. m M:: carrently in effect, he is eligible for a salary increase from $14,265 per hour to $16.05 per hour. It is recommended that Officer Dembouski's salary be increased to $16.05 per hour as of April 6, 1992. -m0$^PROPOSED MOTION - Moved by seconded by increase ifflss- Vjtfij., "VV . ... Is# ’ ’ S®e-,,.wm&:. 'V^dv. r.^.. - Officer Jay Dembouski's salary from $14,265 per hour to $16.05 per hour as of April 6, 1992, as per the 1992 LRLS contract currently in effect. Ayes , Nays ‘yf- ■ i^■ Afvw ' ■* *Ml.- ' ’■;-B9'k:V' life;, PI--' — { y*s-'W-^'‘ W^' r' 9 /•^'i TO: k.i; teKl., ,fte‘: ■;■ Pf FROM: DATE: Mayor and City Council Ron Moorse, City Administrator April 1, 1992 VA, SUBJECT: City Hall and Public Works Buildings Application and Certificate of Payment No. 2 '■ •iJAV, Attachment: *^.4 Application and Certificate of Payment No. 2 Kraus-Anderson Construction Co. $20,541.61 Gresser Concrete/Masonry $12,600.00 Steininger Construction Co. $45,000.00 y ■ ' f , . We have received from John Davies, Project Construction Manager, approved application for payment of footings work at the public works location by Gresser Concrete/Masonry in the amount of $12,600.00; and for payment to Kraus-Anderson for on-site supervision and reimburseable expenses through March 21, 1992 of $13,098.61; and for payment to Kraus-Anderson for March Construction Management services in the amount of $7,443.00; and for site preparation by Steininger Construction Co. in the amount of $45,000.00. The attachments are presented for your approval. '•c-PROPOSED MOTION - Moved by _, seconded by _, to approve City Hall and Public Works Buildings Applications and Certificates or /r wail ana ruoxit- cwi**«*‘•r'c'-- - -- - - - _ _^ Payment No. 2 for March Construction Manager fee and reimburseable expenses to Kraus-Anderson in the amount ot $20,541.61; and for public works building footings work to Gresser Concrete/Masonry in the amount of $12,600.00; and for site preparation to Steininger Construction Co. in the amount of $45,000.00. Motion, Ayes _, Nays _. m. I", r0r if.- is Ax I 1 i L. - .!!.I'l ■■-- -» - 4.m:;>i ...:-.a M0 Br/t- - ' ^ *• I *11 If* tM'fc,. fv*- it.t\h ■■ ;5iS 1 liir’vj® 5^ % % %1^ > *f- a •viir' »r .■ ' . • -•■‘* ii^' A ■ i»-'>>.. O ‘Sf" •-. ■ ■ pa v. fe ig: 3iy. ar: A*-'.'. •/’* y- ri :‘f'.•i t^.KRAUS-ANDERSON CONSTRUCTION COMPANY CONTRACTORS & CONSTRUCTION MANAGERS_______________ Invoice#P28359 April 2,1992 City of Orono P.O. Box 66,1335 Brown Road S Crystal Bayi MN 55423 Attn: Mr. Tom Kuehn Finance Director Re:Orono City Hall K/A Project #4059 Request For Payment This request for payment is for construction m^agemcnt semces of Orono City Hall, as per the contract for the month of March lyy.. Amount Due: $7^443^00 Minneapolis Division 525 South 8lh Street, Minneapolis, MN 5540-1 Phone; (61 2) 332-7281 FAX: (612) 332-8739 Equal Opportunity Employer •I -^- ------------w;'.'■• . •-'y■->. wm: -^-'. ;■ ftS’"' '■is- >' 0f-^‘IS. fe.k; wt. ’ Ipv"^- ‘'‘A’-**- AS" - gi ‘:v ’ t V SkW>>M .tef ^ H'/:' i?s i.'‘> ■>.. V-'-./ ' w KRAUS-ANDERSON CONSTRUCTION COMPANY CONTRACTORS & CONSTRUCTION MANAGERS Invoice #P28360 April 2,1992 City of Orono P.O. Box 66,1335 Brown Road S. Crystal Bay, MN 55423 Attn: Mr. Tom Kuehn Finance Director Re:Orono Otv Hall K/AHyjca #4059 Request For Payment This request for payment is for on-site supervision and reimbursable expenses through March 21, 1992. as per construction manager contract dated November 12,19^. / project Superintendent Doug Revard 201.5 hrs. @ $50.00/hr.$10,075.00 Reimbursable Expenses Copying Postage Northern State Power Cellular One K/A Equipment Rental Layeux (petty cash) CofHn 3c Gronberg City of Orono (permit) 148.00 8.14 1,855.00 19.75 666.38 49.34 227.00 50.00 Amount Due This Invoice $13.098.61 Pits: ■.air. V'V : a'-’ - ■ ’ '■ Minneapolis Division 525 booth 6lh Stfcet. Minneapolis, MN' 55404 Phune:(<i”.' 332-7281 FAX; {612) 332-8739 tqi al Opportunity Employer •I f; ' ^ A*R- - * s c ^c } ^ C □ n2 Ir§ c nX 2. sr 3 CL -r ^ ^ > 3. 5 = !• -* ajisi "n Qj ^ Q50 '3 0? 2 a > Sr ^-0.0 Cy.Ihlfm ^ j.y-i .nIeIis onirrsi nW« 5^? "o 1- =r -B “ 2 > 1. S! ? re O 3 ri•'ll3 3 re 13.S'IflSis 0. •3 Q iQ 3 2- so 09 -J KJ n z o 0 12 2 o O O w - s- O Zm ^ preWC ZC ^ u ■< S* ^sr III2 S ZS 3 « ^ «i o ^ ^ ^ ^ o n -m 4 ^ «■# o -^ • ^ i •f ; V > : 1 • m Z7 3 3 0 1 ^ *^ <^ V . 1—«oo NJ h-»^ « a^oo 1* oo ft " r>P w 30 • oo • oo 3> Z> b => noz n Cz 70 >n. 70 >n 7C Oo ^ w ^ rT X Qj Z ^ H* n 1^ H- rr LH^ O ?□2 c: ^ ^ B) -5 cn n 0 O rt> iz 2s: o 70 tr > o ocncn (D C- 70 - 2 z 0cua o o o n > noaon (T)rrn> UJ NJ U) 02 oc rr 2 Cu C/)o D z r< ■no 50 1 z NJ D3 <►T3 O 5 1 ISJ 0 >£ a 0•D 1 3 ro 0) $ 1 O Q1 ^Z 3 0 0^ > 5wQ ^.§•5 o2X} O n D rr 2T X rrr n S H-m 1 ^rr )0 rr Z ■H 1 H- cn1 ^ori 0 O 0 -H tn z o 2 O n > O “3 3 Z ^3a a ^e IM ^• o' == ui Ln O H- 3 ^ ^3 1^ C/D rr Q Q rr »-h H* cn rr (D C3 C H- h- T3 a o H- H- 3 wQcn H- o fD a 01 3 04 a >P 5 S y9^- Ii 3 3 W 7m ^ >cn cn On O ^ si ' 3 n Oz 3 > 2 ^ C n ?o >n m •** n :5-H m “3 2 O > -0 sA cr ft) o O •7 nZ «4 o —4o n > > ft) <n (jj I LO omm ro Xib 3 On I hJ fsj O I VO NJ >ns oz zo > ' o Z =r. I'X)c 3 00r ^□□5 n > Q 2 O ^ $ c^ E X Z £ oo » -H ?0 C> m 3on ^ ^ C O 50 >zo r; ni n > o 70 2 2rrz D O Ocsrn •H o V4o NJ 3 i/' Cn O 3 tfi O 3 (0 <o «/lo CL fO 5 r^5 o > SA '/-•J •‘ ' ' '- *’->r '■ '• ’ ■* *’-. Jf ■ t -. / •' ■ •< ;*.’ * .'•*tl» '** •' * V** • ’. * • ^ • . .. ' . ^ f . • ^> r •. K ■** ,■**.-* .v: ;•■-•■' .(if' .;V‘ .•INVOICE GRESSEP. CONCRETE/MASONRY 1771 Yankee Doodle Road • Eagan. Minnesota 55121 612-454-5976 • Fax 612-452-0057 P".:to- f«:* :■ 'n'. mm .•-r IfifSi:- XRMIS ANDERSON CONSTRUCTION COMPANY 525 SOUTH EIOHTH STN5T NINNEAPOIIS. NN 55404 •• iw- ■vJ-'k- V;. ■ k" 'v'-■■k"' - A: . JOB I 9208 ORONO PUBLIC VORXS FACILITY OMTeACT y.; eXTRAS p 'S'p 10.00 RSCET'-rlT P i*;' 25-Nar-92 $0. TOTALS PAID TO DATE WORK REMAINING PREVIOUSLY BILLED BILLING THIS MONTH TOTAL AMOl DUE $181,827.00 $0.00 $167,827.00 $0.00 $14,000.00 $14,000. MAR C 1932 i-i:: KzatW'-Ancif. s./“; IgjOBStructior: Company pA/ , . A,:» ... . iisA--- - A :-v >'• ■*' 6RESSER CONCBETE/MASONRY ,-»• . —- • • • ■«- — T • ' ■* ■ r*'* mmM \ m'-:l Ifffir' ■ -7-;.-?:9,'■iw--'APPLICATIOH FOR PAYMEHT PROJECT NAME: OPONO PUBLIC WORKS ARCHITEa ’S PROJEa HO; 1124.04 i******************************** * ITEM * DESCRIPTION ON WORK * NO, * * M*MHMM********»*»**t******** ^FOOTINGS i PIERS BLOCK BELOW GRADE BLOCK ABOVE GRADE SLAB A TOPPING iif Mttmt****************** TOTAL »***M**»»*»«iHH»»*»***** SCHEDULED VALUE »«*«***** 28275 36538 63661 53303 ********* 181827 ********* ********* WORK C ********* PREVIOUS APPL. ********* 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ********* 0 ********* rERICD ******************* OHPLETED ‘MATERIALS APPLICATION NO; ONE APPLICATION DATE: 3-25-<?2 TO: 3-31-92 ****'********** TOTAL * I **»*******PRESENTLY*C0MPLETED*C0HP *TO ‘ THIS * STORED *6 STORED A A FINISH * APPL. ** TO DATE A A * 13900 ** 13000 *0.45 *15275 *1300 * 1000 ** 1000 *0.03 *35583 *100 * it * 0 *0.00 *63661 ♦0 * **0.00 *53303 *0 * ** 0 ♦ ERR ♦0 ♦0 * 1 * 0 * ERR *0 *0 * * c * ERR *0 *0 * k * 0 * ERR *0 *0 * ** 0 * ERR *0 »0 * ** 0 * ERR *0 ♦0 * A » 0 * ERR ♦0 ♦3 * A * 0 * ERR *0 »0 * A * 0 * ERR *0 *0 ♦ A * 0 * ERR *0 *0 * A » 0 * ERR *0 »0 * A * 0 * ERR ♦0 *0 * A * ClV * ERR *0 *0 * A * 0 ♦ ERR *0 *0 * A » 0 * ERR ♦0 *0 * A * 0 » ERR ♦0 *0 * A * 0 * ERR *0 »0 * A ♦ 0 * ERR *K n * A * 0 ♦ ERR *0 0 ♦ A * 0 * ERR •0 ♦0 * A * 0 * ERR *0 *0 * A * 0 * ERR »0 *0 ♦ A » 0 * ERR *0 *0 * A * 0 * ERR *0 ‘0 * A * 0 * ERR *0 *0 * A * 0 * ERR *0 *0 * A * 0 * ERR *0 *0 * A * 0 * ERR *0 *0 * A * 0 * ERR *0 *0 * A * 0 * ERR *0 *0 * A * 0 * ERR *0 *0 * A * 0 * ERR *0 *0 * A * 0 » ERR *0 *0 * A * 0 * ERR *0 *0 * A * 0 * ERR *0 *0 * ****************************************“******“****** 14000 * 1 [) * 14000 *0.08 *167827 *1400 * ******************* BALANCE ‘RETAINAGE H i ■’Vv V- r'.- k' / > ? )■ ■ r ;.'r l/vrS ’ 4’ ,W-^' > ■■■'.' ■■. »■-: N) U1 ooo • fi oo • o .V t? '• ■' i' "i uio o w O • o . ;■' t M un Oo • oo UJ p\ UI o o • o UIo # oo ;ooc sI3 Ozr o 3 OT3 0) JD O C- rr fD O H- rr Tl (D H*“ M < 3 0^ T: T5 O O ►1 rr 133 P ri ri 0^ (Dn ^ (D n O Q) O CL rr CD H- D nj ^ H- cn 0 0 o» ri 3acn M ^ Q) 0)cr a CA n cn H- ^ 0) CA Qi cn (D cn cu a CD < ^ 03 ^ Q) 7T tn H- CD 3 vD nc ricr cn -3 O 'O O cn *-t rr p CL CD 73 X CD cn 0o O K- cn h-* 13 X CL a cn rr 0 CD »-h O CD 3 O < CL 3 CL 3 O CD rc rr cn cn O 3a uifOChLnJ^NJUi N) r-- C O UI O o O O O O • • O o o o o o u> o o u> o o o o o o o o o o o o o o o • ••••••o o o o o o o o o o o o o o O O o o o o cr C3 o • • • o o o o o o u» (Ti h-* UI o cn o o O o • • o o o o o o o o oo o o o • • • o oo o o o UI o o o o o o N1 o •u VO Ui to cr» UI tu UI O UI o o o o • • o o O Q O O UI O O UI o o o o o o o o o o o o o o o • •••••• o o o o o o o C30_ H-» <y^ O UI o o • • o o o o 0\ VOUl o oo o oo O OQ O o^ irv •- • i 7 -X ;■« I h-•o OD VDO •f ^ O OO 0 Xk H- X X 3 -35 O OO 1 55O 03 O 0(B • • cJtnn I"' omunn -o oz o-ns 70 tnn $ m E? m o > ■D 7Q lO rn5;j 'io I tn T)m 30 oo § 70 no 2•o m o Oz!5SS^ tn Z!^ I'»ooo}« czo? m 30 > kK ^ 33 ^ V rn 2 m3° 30m > z >o csn rD cno Oior c c 3 3 o 3u> o 3 cr (t o 2. ^i I ^ in Is 3 0> § > " o 5 i 00 5 9?;sO'* =; < it S' ** O- CL !i s > S 2 3-0 o d.n f# y ST A 5* 3 m 30 ft* 00 <0 fu r& O -n 3 (0 ao O ft* ro 3in 3 ftl fil “O % % Z •-H no 3 Ef«5' 3 00 > 30 cn I Q%to > -o > *D T3 30o m 30 s m ~ zo oo s o _ z o z z c O 2 >. ®m rri 30 UJ 1 N) *U I VD fsj O 3. • • ro ro noz zc > oz cn Zm i. 5 oonc 2rn -S o g 3 Ml -1 Cn O 3 Ml O 3 fD < <0 (0 CL O o m UI pj y ^STEININGERCONSTRUCTION CO.. INC. 3070 Lexington Avenue South ST. PAUL. MINNESOTA 55121 \l2 145: TO Phone 454-1980 Kraus-Anderson Construction Co. Inc.3-24-92 4059 525 South Eighth Street Minneapolis, MN 55404 DATE -........ JOB NO. Orono City Hall Public Works Garage JOB LOCATION Orono, MN JOB NAME mus DESCRIPTION PRICE AMOUNT ¥m 'n „ • ■ •* K‘ : CONTRACT ?! '•t' li: t.fi ;I. ' v' V’^u.v EXTRAS TOTAL CONTRACT AND EXTRAS PREVIOUS BILLINGS *lii WORK COMPLETED TO DATE jJ V'■fe-- ■.im; (g" ■ m P j' .. •• ) aiCH.F~!.D f -•M.5S 2-:' mz ^ m •• •* TOTAL WORK COMPLETED THIS BILLING LESS: PAYMENTS 0^LANCE DUE: $50,000.00 Less 10% Retainage 7 254,00000 254,00000 67,50000 117,50000 50,00000 NONE $45,000 ^ORIGINAL 8,*:- &iU CITY of ORONO Post Office Box »i6«Crystai Bay. Minnesota 5oo23 • Mumcipai Offices ^otrewK^On the North Shore of Lake \Iinnetonka DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data”/ we would like to inforni you that your request for a perniit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full name is required to process permit. .his acclication or First Thr^lKdc^ Middle x^ast ^11 f^'wrCr'(^f\A)t\J/^Jg'^0( A IfJi‘L. Address fy\ln»^ptrts /Y1^J City State ZlD Phone ilUK,DINC & ZONING - 473-7357 ASSESSING ADMIMSTRA riON Si I IN V.SCf: - 473-7J5.H Fil.ir ’.VOKKS t;*'. W2 r: ■ ■ • 1"P a ^ 2 •^ ^ «4 1^ ^1 w • Fee : S50.30 h- PARTIES & SPECIAL EVENTS PERMIT APPLICATION ‘CITY OP ORONO, MINNESOTA I, . Phone Number; ^'7-f'- ____________ • ^ Name; Sru/^Ar A fAictC f^A. /^r=*iiK—/y^yzdF/^—C/^f f Address; /=‘^T’ tufiryZi^n^ lllirCs -------------------------------—— City# State, Zip: luAvrr^TA . /)1rJ '5^5'5?/ Location of Parade or Event: A^a /j< —H!— W' ’’}{ i. fc: . Mr. Person(s) and/or Organization (s ) Handling the Event; a Z-iC ic /^ct /v^V><—/u4V£^Z^ > P}L?tCf^ JLt^trTryo fSun^t=TJ A/ct^i\.t^^T i/Q - —LjtUJj^£Ji£^ Date of Event: /TJav ? __________ Hours of Event: ^ C/ ^,r7 ^ ? L^oMca / Reason or Purpose; AtiMtUA f /r'/*r:jATHCA/ PLc t /Pa CF' .A/^yziT/71 TQ Insurance Company: .J.a JSu^t^iJC^ . Amount; ^'■*1 Copy of insurance certificates to be submitted with this application. •t- 'A ^ •y- - CITY^OBONO anrvF— &■ OE= ammEt Post Uffic*? Box 'V5»OrysLai Bay On the North Shore of Lake Minnetonka tonr55323 • Mumcipai Offices DATA PRrTACY ADVISORY MAR 1 9 '•N In accondanc© with M.S. 13.04/ Subd. 2/ "Richts of subjects or data**, we would like to inform you that your request for a permit or license from the City of Orono or any of its depa^rtments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2, You may refuse to supply data/ out refusax may require tha the City deny the permit or license. 3. The. information may be shared with other local, state federal agencies to the extent necessary to process the permit or license. 4, If your requested permit or license requires Councix action to approve, some information may become public. 5. You have certain righrs under M.S. 13.04 to review private data on yourself. 6. Your full name is required to process this applicadlidft^i^'ii- permit. rTTv /ic r/or.Aip uyAf.s"L f'lCr Trc i- U# » 4U1- ruurk’C ML.UM n? rCA/ V 4. A. IT TiI I. CTrT 50. * OAi Tf7 i ItV'A ' XiJ First Middle Last * T / f O VW*/ X / f 9co Fn-<rr Address A .'A :p s-J-9 / City ■y7A- ^^7,1 State Zio Phone I understand my rights as stated above. A/cAuesr C/yOc’C- -------------------------------------------------------- Si^ature BUILDING a ZONING - 473-7 35 assessing administration a finance - 473-7 35 R PUBLIC WORKS - 473-7 359 r- u a-' CITY of ORONO Crystal Bay, Minnesota 55323 SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION i ih ■(uf;: r- - C-'- ■ w: *.<• «:• ^7.i •b"' i- ;:iTY asE ONLY building a zonin(; - 473-735 assessing ^j^3. cju0stions must bG unswGrGd- Lj-CGFisg fG0/ bond, uGirtif^c^tG of insurance, and evidence of r^CA Certification or Home Sewage Treatment Workshop attendence must: accompany this application. All applications are subject to a ten (10) day approval period. riij\1. Business or trade name _ 2. Business address ///".’ 3. Business phone _ _ _ V> SL <•/ <P yr ^ y < f-3 . A'AJ, . Residence phone 4 .Name of applicantor company representative holding MPCA certification V _ _ _ _ _ _ _ _ _ _— 5. Type of certification held: )( Installer Pumper Site evaluator /\ System designer _ Is this a Provisional Certificate? Certificate No.<^^-Sjy 6 .If no Certificate is held, provide evidence of attendance at one of the On~Site Sewage Treatment Workshops held immediately prior to the current construction season. 7. 8. Have you ever held a Septic System Installer license in Orono before? Most recent year ^ f _ Have you ever had a license revoked? When? _ _ _ _ __ Where ? 10. Do you do Municipal Sewer hook-ups? Yes Do you pump out septic tanks? Yes X No /J,p No SUBMITTALS REQUIRED: ijiijOOOOO 01 QEH fh V'9 A. $25.00 license application fee 77^2. $2000.00 license and permit bond naming City of Orono as ^ , obligee. The State Plumoers Bond will not be accepted .^ip $10-50-100,000 minimum Certificate of Insurance 4. Copy of current MPCA Certificate or evidence of attendence at On-Site Sewage Treatment Workshop held immediately prior to current construction season . •''^TY u^iSHQLICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTfJjJ^^^^ OFFICE 12115QOOOO List persons other than applicant who are authorized by'‘you ^rvj^ apply for permits under your license _ _ _ _ _ _ _ _ _ _ _ _ _ _CHECH ft otr a. • VVnr A, Cij 0 The undersigned hereby makes application to the City and repair sept Ik:Orono, Minnesota, for license to install and repair Sep systems, and/or pump out septic tanks, subject to the laws of the State of Minnesota and the Ordinances of the City of Orono. 03/JL Date Staff recommendation Approval Reason for denial: Applicants Signature _ Denial Date City Council Action Date Date license mailed Approved Denied pr CITY of ORONO SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION (612) 473-7357 Post Office Box 66 Crystal Bay^ MN 55323 All Questions must be answered. License fee, bond, certificate of insurance, Ld evidence of MPCA Certificarion must be attacnec. All applications are subject to a ten (10) day approval period. 1. 2. 3. 4. 5. Business or trade name _ Business address _ _ _ _ _ _ Business phone 471-3151 ’Fllner J> r*eter*='or. Co._______________ 5921 Hague Av 'SI - Delano, 553^'^ Residence phone 972-2420 certification Type of certification held;X Installer "T795 Pumper is;#-V- fe';-’' fe-' r m x>-' pf jn S':.' |^> l*'“C-- V*'; K- Kj:. E; A ’■ fl’-* ^r:. ^?'. H-. v*V' ' •;:v* ■ ■' S;- :i;’^ ■r^ h'.H-* ■i- '•h * «CITYof ORONO (612) 473-7357 Post Office Box 66 Crystal Bay, MN 55323 SITE EVALDAT0RA>ESIGNER LICENSE APPLICATION ^1 Q\jQ3tions inust te answered. License fee and evidence of MPCA Certification must be attached. All applications are subject to a ten (10) day approval period. 1. 2. 3. 4. /’f/f rcf^ , y.i/C .Business or trade name Business address <^5 /(/. Business nhone Residence phone yr/- r ? - sjJ -f ) Name of applicant or company representativeCs) holding MPCA (^gj^-tification M mi 'k ->-_ _ _ _ ___ _ __ 5.Type of certification held: ^ Site evaluator designer. Certificate expiration -y/-9J X System 6.Have you ever performed site evaluation or design work in Orono before? rt^T Most recent year - 7.Have you ever had a license revoked? VThere ? _____________________________ When? •, T V r-c r.r^QSiQLyi f- t VI Wl L*y?JSkirc i'tCC TPCI AMniTuu ut I xiwu j — j j \ A A A SUBMITTALS REQUIRED; X 1, $100.00 License application fee. 2. Copy of current MPCA Certificate. f nf^ /1 W • V i n/^ •A VV • Vrucr}(VI rVUM c^ V (j VUAkiK vnjjrtvwv*. I fiiniTM I UU If r» VO A A Ti f Of) i TQ]nr^-v V wvi MV A iv/i 04/0: LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED The undersigned hereby makes application to the City of Orono, Minnesota, for a license to perform site evaluation and septic system design subject to the laws of the State of Minnesota an the Ordinances of the Citv of Orono. Date _________ Applicant's Signature Staff recommendation Approval Reason for denial; City Council Action Date Date license mailed Approved 1^;"' NER r:pjL rtin JitXJ FICE 100, V ipp ’ % 1?$^ ^ lir -V r' r‘-; !■'-I,m N ■■ ■ giv* '.-•'<! te h’■■< iWi- it iS^te:' 03/29/92 PR: 128 CB PRRlGOR EMP # NAME 471688060 474563339 476921819 471840871 475443862 472503991 469526026 475989721 468821018 472529007 468701868 507585424 469686562 468420832 469087884 474667812 h75380151 477500666 475444249 477463877 471569863 477647279 475604753 504260307 472500574 121262417 480843542 477700023 334506281 477028779 468909535 476783251 470700901 469848107 475382983 473746173 470566529 469629194 475569177 267460042 472563051 474663296 470704904 475505292 468629488 500403192 477881539 ANDERSON. BRUCE L BOBZIEN. SUE A BORIS, SCOTT W BOSMA. JAMIE L BRINKHAUS. JOHN F CHESWICK. GARY B CORNICK. JAMES L DEMBOUSKI. JAY C ENGLISH III, IRVING ERICKSON, KURT R FISCHENICH. DAN T FRITZLER, JOHN M GAFFRON, MICHAEL P QERHARDSON. JOHN R COMAN. DAVID J GREGORY. JAMES 0 HALLIN, DOROTHY M HANSEN, STEVEN C HANSING. CAROL J HASEMAN. CAROLE JOHNSON, BRADLEY P KARNITZ, RICKY D KENNEN, JANICE M KNUTSON, CHARLOTTE KUEHN. THOMAS M MABUSTH, JEANNE A MCNICHOLS, DAVID L MOORSE, RONALD J MOROWCZYNSKI, JAMES NELSON. DAVID D OBERAIGNER, SCOTT Q OBRIEN. RANDY L OMAN. LYLE E PALMER. GREGORY A OUAST. WAYNE A RATHBUN, BARRY J SCHOENHOFF, JOHN 8 SKREEN, DALE S STEFFENHAGEN, RONAL SULLIVAN. STEPHEN X THOMTON, MARK R TOMCHECK. LAWRENCE TOMCZYK. MARK W VANG. BRUCE L VEE. LINDA S WALTERS. LINDA G WECKMAN. STEPHEN J %h YTD CURRENT DPT GROSS GROSS 31 11835 95 1612 26 31 6892 47 987.52 31 896 10 442.90 12 3955 95 526.22 42 10947 95 1568.55 31 11536 00 1648.00 31 12676 58 2323.30 31 9659.90 1611.83 31 11939.92 1828.33 31 10610.16 1526.40 31 12499.14 1854.97 31 11268.24 1599.04 33 10008.89 1434.02 42 14223.36 2120.69 35 1029 66 180.28 42 9368.76 1393.36 12 8621.78 1235.29 42 7603.51 1098.70 31 3892.07 535 09 12 5937.15 886 58 31 11J93 75 1694 42 31 1742.98 232 72 31 1825.42 240 20 A 15 6892 44 987 52 15 14724 15 2109 60 33 12534 28 1735 85 31 1141 12 1141 12 12 15068 80 2238 40 31 11253 83 1544 65 35 1332.46 183.42 , 42 7602.26 1180 18 92 7991.34 1143 28 33 10008.83 1434.00 42 7138 82 1028 95 92 9879.54 1329.76 92 8070.42 1143.28 31 901.25 61 80 42 7689.01 1089.20 .D 93 8622 98 1235.29 : 31 13350.29 1941.12 31 10324 19 1469.29 F 31 11223.46 1616 20 31 10680.10 1497.83 33 8621.78 1235.28 12 6208 52 894.27 15 7500 61 1145.28 33 7194.58 1030.81 59.057.05 EMP # NAME 477361665 BUTLER, MARY C 469188026 CALLAHAN, EDWARD J 18324677 GOETTEN. J DIANN 473646272 JABBOUR. GABRIEL 469605i35 PETERSON. 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O o z -4 O X >m -c m m O c »-4 X z O c:-4 »-c z m -4 X z z >z 1 m z z O -4 m m m —1 r“-4 z o —4 m z X -4 Z z M ►H »-4 uy z to m -1 o 4 Q r“—4 Z z O m -4 to i o o X o o o O o o o OJ o >o o o o «D* to -D >o fn iL.I iti fc>^ Cjf R" U»: # /' V-^ ^ « I'ife- (i.S ’3»-,W'U: f L :• k|=i:0,m- Sf f^:TV ..i'% cc I ®<'<‘Wll meetoig APR 1 3 J99J ^•‘^'OF5/'’OWO \ C r; ^ -. ■' fv'.femw ia*’ ^ W. »' ;p:.. i if >■ i-: 'rl-^ . ■f* is:..-- lil^' ■ ^S#-' ,fe'^rfS^- • i £i '.f&lf' VV’i-if^ a:,vir' ; ^ V- »• f.r*V ■f^'- -W ciatlon of ropolitan municipalities Legislative Contact MAR ^1932 Alert March 9, 1992 TO:Mayors, Legislative Contacts and Managers/Administrators FROM; Roger Peterson, Director of Legislative Affairs Vern Peterson, Executive Director RE:GOVERNOR'S BUDGET PROPOSAL AND STATUS OF MAJOR METROPOLITAN AREA PROPOSED LEGISLATIVE BILLS I. GOVERNORS BUDGET HAMMERS CITIES! CUTS TO CITIES OUTRAGEOUS! The Governor's overall budget proposal uses accounting gimmicks for savings of $178 million for schools, reduces 'rainy day fund' by $140 million, cuts state agencies and higher education by $164 million, and cities LGA by $71.6 million. City aid cut of $71.6 million is 23\ of LGA, equalization aid, and city disparity reduction aid. For cities receiving these aids, this equals an 8%~plus cut of Revenue base (i.e. aids plus levy). Schools, Counties, Towns, Special Districts, get ZERO cuts. They are held harmless! Not all cities are cut. These receiving only HACA have no cut. Is this divide and conquer? Enclosed is a preliminary run showing the impact on AMM cities. The AMM position at this point is that cuts to cities are unnecessary. Additional use of the rainy day fund may cause small short term state borrowing but that would have no impact on the state's bond rating and would certainly be preferable to the major impact the cuts would have on the general public health and safety if cities are forced to make large cuts. Cities should contact their legislators and relate how this may -1- 183 university avenue east st paul, minnesota 55101 (612) 227-4008 . !V % t^- ■li'' rf-,' i- Hr. i: ": ■.*- f-. .•jpV I^'’'p.7 v< f ' ^^ i;.t :viF nr\ ^Vf Lf-,. h' h'r: L .,*■■■ ■V ■ ! \t.r, . : H4._> I’ ^=r., impact locally. The AMM absolutely does not want to get into a battle among cities but pointing out that schools, counties, and towns are held harmless is appropriate. POINTS TO STRESS: 1. 2. 3. Cities have already done their part. Local government, through aid cuts and support of sales tax increase, solved 41% of the state's $1.2 billion problem in 1991 while accounting for only 10% of the state budget. Likewise, we solved over 35% of the problem in 1990. For the past 3 years, cities have taken cuts, held levies down, spent tax dollars wisely, reduced employees, and this is our reward. The administration says this is a 1.1% cut of base. This is very misleading. The cut is 1.1% of all County, City, Town, and Special District Revenue but only cities are cut. The cut becomes 3.5% of all city revenue but 7% of operating budgets when non-cuttable special assessment revenue is eliminated. Finally, the cut becomes about 8% after non-LGA cities are removed. When one gets beyond smoke and mirrors, this is a 23% cut of all city LGA and ~n 8% cut of city revenue base. Cities need to communicate the impact of these cuts to their legislators. Remind them of the cutbacks already taken. Register indignation. Think about use of city newsletters and local media to get the unfairness story out. It is about time the state stops solving its problems on the back of cities. Minnesota cities spend at about the national average, but when all Minnesota state and local governments are added together, spending is much greater than the national average. We aren't the problem and shouldn't be the solution. NOTE 1: THE ATTACHED RUN IS BASED ON ALL $71.6 MILLION AID CUT COMING FROM CITIES AID NOT INCLUDING HACA. THE REVENUE BASE USED WAS 1991 WHICH SHOULD BE SIMILAR TO 1992. THE ACTUAL CUTS MAY VARY BY A FEW DOLIARS. NOTE 2: THE AMM HAS JUST LEARNED THAT THE ADMINISTRATION HAS DELAYED RELEASING THE ACTUAL PLAN AND BILL, THUS THEY MAY BE WORKING ON CHANGES TO THEIR PROPOSAL? II. STATUS OF KEY METRO BILLS: A.HF 1778 (REP. ORFIELD)~SF 1666 (SEN. MONDALE) WASTEWATER TREATMENT FINANCING: The AMM opposes this bill as noted in the AMM Legislative Contact Alert, dated February 27th. The bill was heard in the House Local Government and Metropolitan Affairs Committee on Thursday, March 5th. and was held over. It -2- f ■ ^I- B. was scheduled for a continuation hearing for Tuesday^ March 10th. and to meet the Legislative deadline, it must pass out of this committee by March 14th. No hearing has been scheduled in the Senate as yet but if HF 1778 passes out of Committee by the deadline, SF 1656 will be heard in a Senate Committee sometime the week of March 16-21. AGAIN, THE MAIN REASONS FOR AMM OPPOSITION TO THIS BILL: 1. 2. 3. 4 . Does not provide solution to the problems that do need to be addressed in the older developed portion of the Metropolitan Area. Weakens the regional approach to waste water treatment and financing of the metro sewer system on an equitable basis. Raises legal questions because of the vast amount of money already collected through SAC fees for system expansion, current and future. It is premature at this point in time, since Minnesota Laws 1991, Chapter 183 also authored by Rep. Orfield directs the Metropolitan Council to study the concerns and problems of the older developed communities and report back and make recommendations to the Legislature in January 1994. ACTION SUGGESTED: Please continue to discuss your concerns with this bill with your Legislators particularly your Representatives. If HF 1778 passes out of the House Committee by the weekend deadline, please sign up to testify on SF 1656 when it is heard. We will do our best to let you know if a hearing gets scheduled in the Senate. PROPOSED EXPANSION OF MET COUNCIL AUTHORITY OVER LOCAL COMPREHENSIVE PLANNING. (no bill number as yet) As noted in the Legislative Contact Alert dated February 27th. a proposed bill has been developed by a subcommittee of the House Local Government and Metropolitan Affairs Committee which makes some changes to the Met Council's authority vis a vis comprehensive planning and the other Metro Agencies (RTB, MWCC, etc.) The bill moved out of the subcommittee and will likely be heard in full committee on Wednesday, March 11th. or Thursday, March 12th. Attached is the section of the bill which expands the Coxincil^s authority with respect to being able to require modifications to local comprehensive plans. -3- !i^ [p rV ■ '<y I!? V.;,' ■i. ^‘ ■''•■' > ■ mmi>./ ■-,V >•■ '^Wp>- i”' K-‘ ir f?- '•ii* ■;■[•' i';■: A»' it; K?'- hi.tS' l-*»“mf-M ■ • i;.Vv- I ft.v. -I ;T« T f'< m: '■^v. fES y:- 4;: ■'f*. > , P-; :/• AC-,v, c. To our knowledge, this bill has not been introduced as yet in the Senate but if it passes the House Local Government and Metropolitan Affairs Committee this week it will likely get a 'hearing' in the Senate Metropolitan Affairs Committee sometime the week of March 16 to 21. ACTION SUGGESTED: If you share our concerns with the proposed expansion of the Council's authority, please discuss it with your local legislators as soon as possible. HF JH77 (Rep. Trimble) - SF 1958 (Sen. Price) LOCAL WATER SUPPLY PLANS. Both HF 1977 and SF 1958 have been heard in the respective Environment Committees and have been passed by the committees. Both bills are consistent with AMM legislative Policy IV-I. Water supply plans would not become a '5th. System' nor would the Met Council have approval authority over the local plans. Cities would, however, be required, to prepare local water supply plans by 1995 and these plans would be subject to Met Council "review and comment". The bills are consistent with AMM policy as previously noted but there are some parts which are of concern. Parts which trouble us are: 1.Existing municipal water appropriation permits would all be reviewed by January 1, 1998, by DNR. The permits would be subject to modification if the DNR Commissioner determines that the local contingency plan is not feasible. 2.Local Water Supply Plans for cities that use ground watei“ for all or part of their water supply would havfi to be submitted to the county in which the cities are located for review and comment it that county has adopted a ground water plan under M.S. 103B-255. 3.Increased reporting and administrative records keeping required by cities in terms of the amount of water used by the city. ACTION SUGGESTED: You may want to review 'ilie provisions of these compaii .on bills and discuss wi'.i your local legislators if they are of concern to you. -4- -i...., _Lw. L’ i’-. t! t ■^r ‘■s'a n^r' fv'^ •':v Vv ■. 5.||....J ■ ■kf... .' • I * vN .-i. '''••■ W: : r L-n ; ■ • te”'^ U (■ ' ;-:v> ■ . ii:-^ ' Ur,-- t- rhi I r . . V, ft ' ■ ■ -■ N- 5^;./ I# ESTIMATED IMPACT OF GOVERNOR'S BUDGET PROPngp,^. rnSmmSim Column 1 Column 2s The estimated reduc from the Governor's proposal. gifU;„r bT.V“‘‘/or ”^o “l^^°c’ltres* t‘’hTs=%"a°le"\\ |.dSS!orir/ Column The sum otJ^k, equalization aid, and disparity reduction Sitim^ted.r® 1992. (Disparity reduction aid is 199^LGA* reduction as a percentage of the total1992 IGA, equalization aid, and disparity reduction aid. ai?*after ^t'^cut!^ equalization aid, and disparity reduction J^v^.. .. * V »«Ml ISSOCUTIuW OF Hnpf’F-/UT*M MUlilCIPALlTIES mu> APPLE VALLEY APOEH HILLS BAYPOFI BLAIHE ILOONIHCTOH BftOOriYN CENTER BROOKLYN PARK BURNSVILLE CHANPLJN CHANHASSEN CNASKA CIRCLE PINES COLUMBIA NEICHT3 COON RAPIDS C0TTA6E GROVE CRYSTAL DAYTON DEEPNAVEN EAGAN EDEN PRAIRIE EDINA FALCON HEIGHTS FRTPI EY GOt DEN VALLEY HASTINGS HOPKINS INVER GROVE HEIGHTS HAHTOHFDI MAPLE GROVE MAPLEHOOD KEHDOTA HEIGHTS MINNEAPOLIS NINNETOHKA HOUND MOUNDS VIEN NEW BRIGHTON NEW HOPE NORTH ST PAUL OAKDALE ORONO OSSEO PLYMOUTH PRIOR LAKE RAMSEY RICHFiaD ROBBINSDALE lOSEHOUHT ROSEVILLE SAINT ANTHONY SAINT FRANCIS SAINT LOUIS PARK SAINT PAUL SAINT PAUL PARK SAVAGE SHAKOPFE SHOREVIEW SHORFWOOD SOUTH ST PAIIl SPRING lAKE PARk SPRING PARK STILIHAIER HAY/AIA WF^T ^I PAUl HOODRiir f HOODl AND I 1 I I 1 I I I ESTIMATED IMPACT OF THE GOVERNi'R ’S BUDGET PfioKSAL PFfllHIHAfir - SEE ATTACHED MEMO FOR DETAILS ! Reven'io ! BdSP fst. Cut : 3787642 I 8268095 I 1S0B952 I 847897 ; S9636S7 ! 22529287 I 72796S1 1 11232077 i 11941835 ! 2981583 j 3012098 30907? 346439 I 1464520 895180 5029738 9131801 5323839 S405523 711578 916060 , 9807752 I 12677803 ! 10369526 ! 780728 ‘ 6242486 7021431 458051? 5294749 4740254 1168027 764869? 7616701 , 2282077 1 179067845 ! 1269537^ ! 1905059i7UJUJT 1983229 3549373 4856392 1741034 3393597 1711323 i ^ ^ A C ^47725; 9611837 A / ^26366^0 1695340iD7 JJ«PU 9500685 3806306 2798289 6641658 1705430 488976 12695604 119961855 1072846 2115614 26050^0 4119334 17900SI 6l6?<'00 I0693^7 480')-^0 4186453 1538357 48064S] 472S-41 1356^7 0 21567 486634 0 595570 916537 317566 243297 0 119505 73047 410427 745155 434425 441091 32878 0 0 0 0 63707 509387 18589 373770 432052 386805 95311 122916 621523 0 14611936 0 155453 161831 289629 396282 142068 276918 0 38944 0 27043 138340 775256 310595 228340 0 127316 25136 1035961 9788887 87544 50231 142925 0 0 502893 87260 0 341615 0 392206 0 0 Percent Cut 8.:: 4.22 0.02 2,52 8.22 O.OZ 8.2! 8.22 2.72 8.22 O.OZ 8.22 8.2X 8.2Z 0 8.22 8.22 4.62 O.OZ 0.02o.c: 0.02 8.22 8.22 0.32 8.22 8.22 8.22 8."'6 A 1.62 8.22 0.02 8.22 o.o: 8.22 8.22 8.22 8.22 8.22 8.22 0.02 6.22 O.OZ 1.02 8.22 8.22 ftO. ^ * 8.22 0.02 7.52 5.12 8.22 8.''*Lk 8.22 2.42 5.52o.o:c.o: 8.22 8.22 0.02 8.22o.o: 8.22o.o:o.o: Rev Ease J After Cut 1 3478570 7921656 1508952 826330 5477023 22529287 6703081 10315540 11624269 2738286 3012098 1345015 822133 4619311 8386646 4889414 49644 32 678700 916060 9807752 12677803 10369526 717021 573309'J 7002842 4206742 4862697 4353449 1072716 7525686 6995178 2282077 164455909 12695379 1749b06 1821398 3259744 4460110 1598966 3116679 1711328 438313 9611837 2609647 1557000 8725429 3495711 2569949 6641658 1578114 463840 11659643 110172968 985302 2065383 2462.35 4119334 1790051 566G007 982107 480990 3844838 1538357 4414245 47:5.'9I 135b97 I I I I I I Aid (L6A, DPA. EA) 10445!! 346439 I I I 0 21567 1084851 0 1647162 1442889 317566 431653 0 280680 240586 1923545 2191272 906464 1687778 32878 0 0 0 0 171127 1478960 18589 1154055 762267 407471 130200 122916 655883 0 59926160 0 276184 5611C2 652558 926657 657516 570198 0 52511 0 27043 275897 3015710 1444054 370551 0 127316 25! 36 1805307 38890877 418669 50231 142925 0 0 2279237 204964 0 711517 0 1038748 0 0 Perce"*! Cut 29.6: 100.o: o.c: 100,c: 44.92o.o: 36.2: 63.51 100.02 56.42 O.OZ 42.62 30.41 21.32 34.02 47.92 26.12 100.02 0.02 0.02 O.OI 0.02 37.22 34.42 100.02 32.42 56.71 94.92 73.22 100.02 94.82 0.02 24.42 0.02 56.32 28.82 44.42 42.82 21.62 48.62 0.u2 74.22 0.02 100.02 50.12 25.72 21.52 61.62 0.02 100.02 100.02 57.42 25.''’Ik 20.92 100.02 100.02o.o: 0.02 22.12 42.62o.o: 48.o:o.o: J/ .o.o:o.o: A, f Af tP'’ Cut 735439 0c 0 598217 0 1051592 526352 0 188356 0 161175 167539 1513118 1446117 472039 1246687 0 0 0 0 0 107420 969573 0 780265 330235 20666 34889 0 34360 0 45314224 0 120731 399351 362929 530375 515448 293280 0 13567 0 0 137557 2240454 1133459 142211 0 0 0 769346 29101990 331125 0 0 0 0 1776344 117704 0 569902 0 646542 0 0 f i <■fe- H h ! ; t:; F k fS'- >'l K?- h.v ti; ■K *--^^1' W- ', »■ ■li-- ■■ t^r & •4‘f f,ji.v V.y .n f ■ ‘. , s- • n I# f'p: m r,' 5?; ' -fc^ J\iR- r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 “1ET COUNCIL AL'TMOrtrY EXPANSION 02/28/92 '6:12 (RESDEPT ’ RE DD353 improvement programs with other adopted chapters of tne metropolitan development guide. The council may require a local governmei.tal unit to modify any compreher.5ive plan or part thereof which may have a substantial impact on or contain a substantial departure from metropolitan system plans. . . . . . . . . (date), the council shall establish criteria, after soliciting comments and suggestions from potentially affected local goverrunent units, for determining when a comprehensive local plan or plan amendment will have a substantial impact on or svbatnntiallv depart from metropolitan system plans. The criteria may not be limited to a metropolitan facility's capacityr but must also address whether a proposed plan or plan amendment will have a substantial impact on or substantially depart from metropolitan system plans, as that phrase is used in section 473.852, subdivision 8. Sec. 3. Minnesota Statutes 1990, section 473.865, subdivision 1, is amended to read: Subdivision 1. Each local governmental unit shall adopt official controls as described in its adopted comprehensive plan and shall submit copies of the official controls to the council within 30 days following adoption thereof, for information purposes only. The official controls adopted shall implement the purpose, objectives, and policies of the comprehensive plan. Zoning ordinances and subdivision regulations must not allow land use and development that will effectively prevent the planned land use as designated within specific areas of the comprehensive plan. The determination of the timing of the implementation of the comprehensive plan shall be at the sole discretion of the governing body'. Sec. 4. Minnesota Statutes 1990, section 473.858, subdivision 1, is amended to read: Subdivision 1. Within three years following the receipt of the metropolitan system statement, every local governmental unit shall have prepared a comprehensive plan in accordance with sections 462.353, subdivision 4, 473.175, and 473.051 to 473.871 and the applicable planning statute and shall have submitted the t ^ /t if'3|a^- VM ■ ■ ,' V- mU:':.:: . Hif. m^i ms~* I'*'i, ; ■' ' fe/'^ '■' ! *• }’ , ;.^ • f it®; -' • • ip#-;- iipv' I . rr-W:'- LU LAKE MINNETONKA CONSERVATION DISTRICT MEETING AGENDA APR 5 19^^ TECHNICAL REVIEW COMMITTEE FOR LAKE MINNETONKA April 9. 1992 8:00 - 10:00 AM Discussion and Approval of Minutes of 2/27/92 and This Agenda II. FiexibiIity Requests A.Orono’s ordinance submittal to DNR and the flexibility request items in it. (Fick) tOrono invited to have a representative present) B.Wayzata consultant’s flexibility proposals ^ the DNR response (Fick) C.Scheduling of TRC consideration of flexibility request items of other cities (various THC members) III. Height Limit Issue (time permitting) A. Definition options B. Implementation considerations C. Appropriate limit IV. Next Meeting I. LAKE MINNETONKA CONSERVATION DISTRICT MI NOTES TECHNICAL REVIEW COMMITTEE (TRC) Meeting of Feb. 27, 1992. 8:00-10:00 A.M Norwesl Bank Building Conference Room 900 E. Wayzata Blvd., Wayzata Minutes of 10/3/91 and agenda for 2/27/92 appro\ed. (Attendence list for 2/27/92 attached; II. Flexibility Requesis Ed Fick began by summarizing flexibility provisions in the DNR Shoreland Regs, and referring members to the pertinent sections. Ed then distributed copies of several pages from an internal DNR Operations Manual which provides additional guidance on the issue. He also explained that an official request for flexibility should be in the form of a letter from the city to Ceil Strauss. Area Hydrologist, explaining which particular provisions in the Regs, cannot be met. why. and how the city proposes to address the issue using different standards or approaches. Ed next gave a couple of examples of cities which have requested flexibility. One involved a density transfer concept where the City is proposing to ensure lower than required impervious 1 imits in some areas in exchange for being allowed higher limits elsewhere. They are ^.Iso proposing a comprehensive stormwater management plan which would be implemented over time. The second example involves the City of Winona, which is requesting reduction of the I, 000 foot shoreland area to the top of a flood wall which protects the primary developed area of the City, including its central business district. The surface drainage situation beyond the flood wall is being investigated prior to a decision on the request. Someone inquired about this approach involving the relinquishing of height limits beyond the flood wall. Ed responded that the Regs, only require limits in "residential" districts, and that most oi the area proposec for exclusion in this example is not residential. B. Status of Cities. Orono - C. Strauss reported that they are well along in developing a draft, but that she has not yet received it. J. Hurr confirmed this, mentioned that it is her impression the draft will meet or exceed most DNR standards, and that it should be ready in a couple of months. 5' ; ' ; V Or." K.- 0V', .I-' r-n.'-'.*,.. V-':. S'' . ■>.;’V:T ■ ' I- 8S-' fs*-. »'V , ■*o'. L yiAi —> Pimfe" •; . ,9'^ ri-?-" «5'K" Ife V’ 0;r/:«;.' ■ i*.''r.v ■ f ■■ ■ t?^ ■ '<>' ML:f: S{!^-- Greenwood - No one was aware of any definite progress. L.; . Howard Bennis mentioned that the>' use he same consulting engineer (Bill Englehart) as Deephaven and. since Bill s working on developing shoreland provisions for Deephav’en. r.e may also be doing something for Greenwood. Wayzata - Pick reported that their consultant sub.mitted a package to DNR a couple months ago for tial review and comment. but that DNR has not yet responded. Ed mentioned that the package proposes a trace-off approach tu impervious limits and includes lower than allowea limits in some areas and a stormwater management nlan in e.\’change for approving higher limits (up to 100% coverage in the duwntowni in other areas. Greg Withers quer loned why D.NR is reviewing the package and the TRC has not >3t seen it. Pick responded that the package has been submitted by Wayzata’s consultant, not officially by the City. for comments from DNR. prior +0 the City taking it to hearings. Mark Koegler mentioned that he intends to seek similar preliminary" comments from DNR regarding a draft for Mound before presenting It to th** TRC on behalf of the City. Ed assured the TRC that it will still need to be officially submitted to DNR by the City and that the other cities. through the TRC, will have an opportunity to revie*' -''iid comment on it. Gene itromraen obsc *'ed that time is slipping by and that he feels the TRC should consider defining a process and schedule for the cities to submit their plans. He cr.utioned the members that perhaps too many issues remain yet to be resolved, while time is winding down. Ann Perry commented that she sees three mam issues facing the TRC: (1) Impervious limits / stormwater mgmt. (2) Shoreland area / 1000 feet, and (3) Height limits. Nick Duff said he feels the cities should limit their presentations to the TRC to just the issues for which they are seeking flexibility to keep the job manageable in the time remaining. Mi letrista - They have compared their existing code with the DNR regs. and have had several discussions with Ceil Strauss. The City has one problem area with existing, small lots and also anticipates requesting flexibility on height. They inteno to have a draft ready by sum.ier. Woodland — The whole City will be treated as shoreland. They have their attorney developing a draft and expect to have it ready for presentation to the TRC in April or May. •:/-; r? 1,^ :• • ^ fe. w mS ■ §mr^r<^-:-^ iS;"piil-' ’S$f‘ i^fc, ‘list/'" |||: V , ^:‘j:!.\ . hi:.: -t > 'V/ MS-=*-‘-\v V\\ rvMs ^^5't' p*"-. ma i'3'# [I .mm.'IS: :tv 5§J" 'fc-si ■■ ■ tff?.:.11^/, i^mm- Excelsior - Greg Withers reported that he is still trying to convince the Council that they should hire a consultant to prepare a draft. but that they do not see a need for shoreland cot. .'ols because the City is all developed, with little potential for significant changes in land use patterns. Greg did mention that the City is having Steve Prestin do a review of their existing controls to determine deficiencies vis-a-vis the DNR regs. Tonka Bay - The City will probabl> seek flexibility regarding lot sizes and imperviou.s limits. .\ draft shoulc be ready in March. Mound - A schedule developed early followed and a draft should be ready 1 n 1 n the process is 60 - 90 days. be 1 ng Minnetonka - Ann Perry reported that City's TRC representative. has taken Nevada and she is currer.tly seeking City's shoreland efforts are adopted shoreland standards Phil Rosenquist. the a new position in a replacement. The temporarily on hold, but they in ’86 and have flood plain contro1s, revisions she does not envision a need for extensive Spring Park - A draft has been completed and several meetings with the Planning Commission and Council have been held. The Council is adamant about not making any existing lots non-conforming, so they will be seeking flexibility on lots sizes, in addition to height and impervious limits. The City is very interested' in how DNR w i l 1 react to the approaches being forwarded t Wayzata. Victoria - A new comprehensive plan is being developed, and they have had some discussions with DNR staff. They intend to develop shoreland controls after finishing the plan, and also intend to develop a stormwater management plan. Deephdven - Impervious limits and stormwater management are perceived as primary issues. Their consulting engineer has prepared draft materials on some issues. Minnetonka Beach - J. Hurr will be taking a shoreland proposal to the Council in May. Planning for the future of the Lafayette Club property is a major issue. Shorewood - The City was not represented, but C. Strauss reported that they should have a draft ready by summer* Mm 4,-. ■^., ' • 4t:. i-vr^,:-,viii-jS»- > ■■■ . * .<^V-‘ If p %'-'-p b-ilfv'" :s« -*--7- ■J ".SS pp<Sf-> iMf'- Slk. W ■..... :v Is^;..>>%-;a.j-!'j;KMm'■mm,pi . - . ■• ' '■•••,' ■ ■ill' ■i.Ea;v: ^1- :. ®:' -•* ' !•' *f-:# III. other Issues Outlets Gene the new Stromraen distributed a memo he had prepared summarizing LMCD’s concerns regarding such lots being utilized in developments to provide lake access to backlots. Requirements in the DNR shoreland regs for such lots were discussed. and the concensus of the members seemed to be that incorporation of these standards into the cities’ shoreland controls would sufficiently handle the issue. B.Lighting of properties Gene Strommen reported that the L.'ICD has been receiv ing increasing complaints over the past several years about lights shining out over the water and generally degrading the night-time esthetics of the lake. He also mentioned that the LMCD has developed draft regulations which would address the problem by requi;ing a LMCD dock 1icense if a property has lights that shine beyond the length of the dock. He said the draft regs have been distributed to the cities for comment, but that the proposal is not receiving much support from them. He indicated the LMCD would rather see the individual cities hand 1 the problem. J. Uttley suggested the LMCD might considei working with thi LMLOA to educate landowners about the problem and try to achieve voluntary improvement. J Hurr suggested that cities could address the issue by just requiring landowners not to light areas beyond their property. IV. Next meeting April 9, and to then meet of each month after that, height limit issue on 4/9 Members decided to meet again on at least every second Thursday They also decided to address the and try to settle on an acceptable definition, number, and situations (such as properties screened by topography) which could be exempted. i'.' r v4‘/vE -. ^ ' -‘A- i*.:*• V'^5^' ’-^ ■*■’'Si-■■ #%;.•'■ ■■ “i;- r*.' LAKE MINNETONKA CONSERVATION DISTRI^Tj I • V i WATER STRUCTURES COMMITTEE AGENDA i} L-. ... *- b.'^ ‘ "."F • "T->^ • fell# ;. r 7:30 AM Saturday, April 11, 1992 Norwest Bank Bldg, 900 E Wayzata Blvd, (Elevator access for handicapped, use west entrar~e, Wayzata Blvd) 6 1992 ms0Wl, City of Tonka Bay, Public Hearing Report for new dock license to add 10 slide storage spaces Z. Minnetonka Boat Works presentation for consideration to allow expanded sales at dock console facility which would require anendments to Code Sect. 2.03 Subd. 11 and Sect. 2.12 Subd. 2,6 & 12 . .-3. Rockvam Boat Yards, Coffee Cove ~ Draft Order for Dock Length i-4:; ’ Variance 1PM., ■ 1111^4. Ron Hhinnery, Carson's Bay - Draft Order for Dock Length Variance Sffiv'i. Multiple dock license renewals per staff memo Deicing licenses: A. New license applications 1) Michael Kramer, 5425 Timber Lane, Shorewood, Gideons Bay . 2) Ed Yaeger, 5445 Timber Lane, Shorewood, Gideons Bay 3) Excelsior Bay Associates, 603 Lake St. , Excelsior. Exc.Bay B. Staff recommendation regarding provision fo- end of season deicing permit . . . M ^ C. Code amendment to allow executive director to issue deicing 'lylicenses fc..:7. Restricted vs. non-restricted watercraft, slides and off-lake storage per attorney's 3/20/92 letter (previously distributed) mST’Hr M'- 8. Draft of ordinance to allow transfer of storage from a District m.Mooring Area license to a Multiple Dock license 9. Amended draft of Ordinance Relating to Storage of Lake Maintenance Equipment on Lake Minnetonka, second reading■ of Code Amendments recommended by Policies and Pvocedures '7’-subcommittee v:11.Lake Inspection Tour-discuss agenda 12.Deposit Refund of $100: Permanent dock application by Ed Yaeger, 3^^ W:,, m 5445 Timber Lane, Shorewood, Gideons Bay 13.Additional business recommended by the committee ■MA::-^ 0'-">- gsw -/ -mmt^r: I, .^. -: v:; f;mr 1l^r/’y'Z/^v,• •TC«S»*t3 ICu«iCia / MINNEHAHA CREEK l|WATERSHED DISTRICT •n.-;; V >»F.O. toai 3S7. Wmita. MiniMSOta 55391 Jam It CpmiyPivs.* John E. Thomas *RicnardR Moief Ua HIHNCTOHM v/r; ^ .'• ■V'l" ' Mm m -. - r A i ,'y •. mw" ■ Sgf ::^'' ■ ^ ■ l#|s£:1. 2. pi,^zsSfSP^ fe4s:aSf#ifelf' ^ m.' • ''S ■ <=•: ■' Fft'i im' ‘ ■■{ mi--- ’.- >'vr*:'* 1.'^ -\. 931DAJ msm:*» iia - ‘ ;zv,. APR 6 1332 ROUES AHD POLICIES COMMITTEE NEETIRG AGENDA 4:30 p.m. Thursday, April 9, 1992 City Hall - St. Louis Park (City Council Chambers) Sand blanket policy for public beaches. Wetlands Conservation Act and other legislative changes. mMMk •v: i •I f I J-a11 if M (M MINNEHAHA WATERSHED CREEK DISTRICT P.O. Wm 387, Wayztta. Minnesota 55391 • immmmtm, Bm • jQiwi E. HiomM • Richard R. Miner 0.61c»»n«C.WoodrtMrli>v«*Clvl(aonUn(My* Thomas Maple. Jr V ■ V-' >'•I-..- - ;■>•> iv tefc ■v'^ ... *^;■*•:•■ F. U: 0W ®»»i.„ :■''piit' W#Slsfev k: g#"gRlK^': K«-|»s< Wmm Mi MEETIHG OF THE EXECUTIVE COMMITTEE OF THE BOARD OF MAHAGERS OF THE NIHHEHAHA CREEK NATERSHEl DISTRICT 2:00 p.m. Monday, 7 il 13, 1S92 At the Offices of: Popharo, Haik, Schnobrich & Kaufman, Ltd. 3300 Piper Jaffray Tower 222 South Ninth Street Minneapolis, Minnesota 55402 (612) 333-4800 s * / j 1 ■1 y» AGENDA 1 '■*. 1 1. 2. a New business. Old business. a. Report of consultant. b. ’1 if j •j * update on response to Solicitation of Qualifications for Engineering Consultant Services. iiife871DAJ ,i..vS®|v “j u V ■ ■ li' L?- •■>■■'■*5^^liit: • '"h »,>A i '••-■ -t-^ V ^ %■"-■ -V pl!l %i.^■^mm>f:‘ •'s's;;: ■’'■'^t' Em<’ •‘r. ii"‘ ■ 4#it«5.3SW /'■. ' Mr*' •'■ -rt^- ®-% f:f-.''^ . :m-\ ^^-.■ ■ ■ • ;i?V- ' fe. i ■,r f • ■- , ■ . -a:' t Metropolitan Waste Control Commission Meats Park Centre. 230 East Fifth Street. St Paul. Minnesota 55101 612 222-8423 March 30,1992 1 1 _ ^ ^ \«- w INFORMATION BULLETIN FROM THE MWCC APR OFRCE OF GOVERNMENTAL RELATIONS 1 1992 We want to alert you to provisions now being debated in the Legislature that could hewe serious ramifications for the M.9tropolitan Waste Central Commission's ratepayers. Provisions In the Omnibus Tax BUI (HF 2940 and SF 2755) would eliminate the sales tax*exempt status tor political subdvisions, including the MWCC. If the bill becomes law, the Commission's annual operating budget will increase by about $2.3 million, and the Commission's annual capital development budget will increase by about $1.2 mUiion » a total of about $3.5 million per year. Tha Commission is a fee-for-servlce agency; therefore, any increase in our expenses would necessarfty be assessed to our ratepayers. Both HF ^940 and SF 2755 were considered and passed out of committees last week and will rK>w be debated by the House and Senate within the next few days. If you have any questions, please call the Office of Government Relations at 229 2153. •* :'r- Equal Opponun'ty/Affirmalive Action Employer Cf i W"'V: - ■ |i V>- 7 •* i;vp- fV^*: '% r ' 'J " ^ ? I i-V V^ |:;^r-- .-‘T y f v*^-'*‘ : ii;>,''J . ri- v/' • "i:*r ; iS'V'A’fi s-iii-v ..vJ- •^•**^ V-r ■:.-v-:l^^t| . .4 . 4j-•rfe k', *■- <■ \ ‘^CK. ^x^-7 'j Ua{ C cl JUI^i (K^ fl\l Uid^ {.kUu U7h^ ^iTTio I '> X-(’C.<-/£u' \ * '7 eitc , ~i yiL() .4 ^ • * 4 i •• , \ s < *1V,|ir. •f >4 '•'-VV. ,vink.t5fi •■ •’ /V, .V * 4*'I*. J ’.»••* • *.•' -4 ' •..;.r,7v'.’* 4 .4 **,. 1* i" **>:«rv * {i'Vy - -*V V.’'- ' >■'’■ I • •T^ . ♦ t • •.■.:'7»."-V-- . . . 4. 1?4 K • , « • # • ' • V 1 \z 0 m 111 (U 40 0 10 iXT U 1 tt nin (J 1 z in Z h- 3 0 0 z rr III 1- 1- z r—CL 3•- a:•CO a 0 UJ LU K 1 111 Ul •-> < <n 0 H <J 3 ^0 CO (L isf •< <z in c»XI XJ 3 Z k-i CO z 1 0 U III ^ 0 XI 0 Z (XI ^•n oc c 0 < < • •1 >- zp- tj H * ”0 0 I* : r^- • •. j^. s *.. * • v ■ ’ * . • / .. Q -V. r ; ‘ I •!».’ f \f ■ '-jy i'’ v«* i »► '• » r .» ^ ♦ ■ *.* .*’*Mm “'V * « , / V .. ■•.•• IV. \**.^'*;1 '»**♦. V * m-MW' ■ :1 ■ s*t ' -' rj **. ^ ' V •’•♦‘1^" v>i*' 4<S^y4-'r- ..•■■; 4. • 'vr%* ' w * * .' * ' . ’• *. * • > ’ . V'«C . \ ' I.;' • »' '- • '::' ■ “v*:•%i,{ A •'• • ,'.vi ^ :. • 'ti « /••;’■ tv-‘.'^Y' ^AMKiy *‘m :•■■-•: : ■\ V < \r - XMif'.X • • # k r. . r.. />N*4 :. •■ •,*V t*.f *'• ^ *■•“V* '• •'*•. ®vv:; '4> /• \M ‘A' -. . j; ;; :r:x •* 4 ^ I • . *. ■ V *• « • : i*/; * * ' ’ VAil i \ , *t I'-. i .. '“1I'lUsisau, . J !s,Apr 1 1932 it'-.5t-' ':*A-;- CITY OF ORONO »v - ■ ';V?;' ■K- FOR THE RECORD, I STRENUOUSLY OBJECT 10 THE CITY RAISING TAXiiS BY WHATEVER PRETEXT WITHOUT AN O' ESim ING REDUCTION OF TAXES IN ANOTHER AREA. fc' Ie¥m ■X T-' ' -i' .. 4 ' ■ ■' i RESCHEDULING TAXES AND EXPENDITURES IS FINE SO LONG AS THE RESULTANT COST TO AN OVERBURDENED TAXPAYER IS THE SAME OR LESS C •> ,,v’ GARFIELD CLARK 1955 HERITAGE DRIVE ORONO. MINNESOTA 55391 ■) h)-ivx. Q. CLARK, JR. 19S6i<6BiTAQEm PH.473-7255 :.-rtri-ogpw. mn: 55391 MYTO BBPER 9489 17-^/910 AT,-, • /. t UJ * C-x. TZZ.11QL_LAJ<S jgKmoboo:a'gi;~gb 15 swoo san*: si.b'? ■ ~i-: i ■" ' '------------------------------—---------—-------------------------— _________''nOM: »»*■ Vm: |K•4V .. ”f o.«., ■■S«f. -s,« >i' TO I ------- • r fe... CLE^ ' '^'TN paymcnt • -f ‘ >2 . V*' IfSlf. r-r- iv 'V ‘ t-i::. 1 ‘' fp ': V., >f‘5 b‘-M I' . •'V#.- w. r--- %xm.mm.. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ROLL The Orono Planning Commission met on the above date with the foilowing members present: Planning Commission Chair Charile Kelley and Planning Commission Members Maureen Bellows, Charles Schroeder, Candace Rowlette, and Stephen Peterson. Ed Cohen and Jeff Johnson were absent. The tjI lowing represented the City Staff: Building and Zoning Administrator Jeanne Mabusth, Septic Manager Stephen Weckman and City Recorder Teri Naab. Edward Callahan and Gabriel Jabbour were present to represent the City Council. Chair Kelley called the meeting to order at 7:00 p.m. He welcomed Peterson as a new member to the Commission and expressed his thanks to Moos for her past service. (#1) #1716 CLIFFORD L. OTTEN/TIMOTHY W. OTTEN, 3740/3800 WEST WAYZATA BLVD - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:00 - 7:09 P.M. The AffIdavit of Publication and Certificate of Mai’ing were noted. Mabusth explained the original 2 lot plat aopiication involved dividing off the residential lot from the 18 acre parcel to the east. The current application now consists of the two lot subdivision and a lot line rearrangoment between Parcels A and 8. She reminded the Commissicr. that the City Attorney had opined that the commercial use had been discontinued on Parcel A for over one year, and therefore, must revert ba ^ to residential. She noted that the major portion of the old roadbed is not suitable for septic development, which w>’l be the portion given to Parcel A. She recommended that the Commission request adequate area for septic expansion for Parcel A through the lot line rearrangement. Otten noted his contractor do the testing. is waiting for appropriate weather to Mabusth stated that at a minimum, the lot line rearrangement should allow Parcel B to acquire the existing drive to County Road 6. Otten noted the proposal makes both Parcels A and B more effective or appropriate and squares off the lots. He noted the current lot line makes most of Parcel A useless. He indicated that if the former rcadoed is deemed unusable for seotic, there is not much other area within Parcel A for septic use. Weckman felt that the triangular part to be acquired by Parcel B would be more suitable for septic use for Parcel A and would meet the required 20’ setback. He reiterated that only undisturbed soil could be used for septic use. 1 '■I *'■' ipix'v • •V^VV't/'-;.'iv-^v i?-^r fS.P ■ Pv.;-.. mm- »■'mi*i»;. *. 5|i?:S . rt'w ■■• MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1716 - CONT. Otten contended that such an undisturbed site on Parcel A does not exist. Chair Kelley reminded the Commission that Parcel A is a current substandard lot, and the applicant is proposing to further reduce that acreage. He noted it is the Comrti i ss i on ’ s substandard lots into conformance, intentions were for Parcel A. asKea intent to bring Otten what his Otten said he would need direction from the City is to allowable uses for the property. He noted the roof on the structure on Parcel A needs to be replaced. Chair Kelley suggested that Parcels A and B be combined. Otten noted that would be the last resort and he had jomtly purchased the property as a business investment. He suggested that the current proposal was not detrimental to the City. Mabusth asked the applicant to reconsider the proposed Iine between Parcels A and B as many of the improvements on Parcel B are intersected by the proposed lot line. Otten stated they are improvements that could be easily moved, asked why the originally approved alternate d r.infield site Parcel B was now rejected. He for Weckman stated that site was at the lowest point of the property and drainage flows through the area. Mabusth noted they will review previously approved septic site Information in original subdivision application to determine if that site can still be used. It was moved by Rowlette, seconded by Bel lows, to recommend tabi ing of Application #1716 for Clifford L. Otten and Timothy W. Otten of 3740 and 3800 West Wayzata Boulevard to allow time for further septic testing to be completed. Ayes 5, • *ys 0. (#2) #1721 ALBERT HANSER, 1685 FOX STREET - PRELIMINA.9Y SUBDIVISION - PUBLIC HEARING 7.45 - 7:53 P.M. ThoAffidc./i \ of Pub licationand Certificate of Mailing were noted. m • • >^vi'ti' V' 1#'^, W-.;: v" • • ^rV!. , •>. ffiillI- ^ : »•>■ ^ m-. MINUTES OF THE ORONO PLANNING Cv IMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1721 - CONT. Meridith Howell and Clifford Swenson were present to represent the appIicant. Mabusth explained the property proposed for a 5 lot subdivision i* now located within ,he new shoreianc area of the City. The shoreline of Tanager Lake has been deterniiined at 929.4’; setbacks for septic sites wou i d be 75’ from the iake; and setbacks for structural i irprovemen t s are 100’ f rom the OHWL. She noted the wetland on the other side of the property has a required structural setback of 26’ from the wetland and septic at 75’. She indicated that the guest house encroaches the required lakeshore setback as well as the septic system. The guest house would be either required to connect to the system of the main residence or instalI it' own new system. She stated that the wetland to the west of the east drive has not been designated as a wetland but the City would request a drainage easement over that area. She noted tne road does not encroach the wetland oaseu on 1 ’ contours provided by the surveyor. Wetlands have been designated at 932.3’ elevation. Bellows asked the elevation of the center of Fox Street. Mabusth Indicated that elevation to be approximately 934’. She noted that a culvert under the rai I road track had rec.;ntly been unplugged, thus reducing the elevation of the wetland by .4’ She stated that ever if the wetland to the west is not a designated wetland, it still functions as an overflow retention area and wil‘ be designated as drainage easement. Chair Kelley .^sked if the tennis court was proposed to be removed. Howell stated that was not proposed. Bellows Informed her that since the tennis cour* encroaches the wetland area, the City may not grant approval of improvements to the court, and noted that was aiso true for the garage. Chair Kelley asked why a variance was required for Lot 1. Mabusth explained that the lot line between Lots i and 2 could be - designed so variances would not be required. cnalr Kelley asked about the guest house. Mabusth stated that any improvements to the guest house would require variance approval. She indicated that a condition in the approving resolution could deal with the options of the septic system for th'S structure. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 mm. ZONING FILE #1721 - CONT Chair Kelley asked if Howell was aware of tre Ct/’s oosition on riparian rights. life Mabusth explained that the City is they are creating new riparian approval of the subdivision. in no way attempt-ng to say that rights for the prooerty with Bellows asked if the primary septic site for Lot 3 met the required setback. 7 C t s-> Weckman confirmed that it did meet the setback. HoweII asked the Commission to consider al lowing the western access drive to remain as it has been in place for many years and has not been a safety concern. • .'Vi V 1 4’r It was moved by Bel lows, seconded cy Rcwlette, to recommend approva I of Application 41721 for Albert Hanse'' of 1685 Fox Street for preliminary subdivision approval, subject to the 'ot line between Lots 1 and 2 be redesignated so a variance would not be ^required for Lot 1, the issues of the tennis court and garage ^encroaching the wetlands be addressed, the removal of the small lehed located on the property line, and allowing the circular drive I to remain based on the fact that it has existed on the propertv and "^ It has not been a safety issue. Ayes 5, nays 0. ■iia 'm p(#3) ORDINANCE TO REPEAL ORDINANCE #96, SECOND SERIES, PUBLIC HEARING - 8:45 - 8:46 P.M. The Affidavit of Publication and Certificate of Mailing were noted. It was moved by Schroeder, seconded by Chair KeI ley, to recommend adoption of an ordinance to repeal Ordinance #96, Second Series, "An Ordinance establishing an interim moratorium on the granting of land subdivisions that have not received preliminary approval from the City". Ayes 5, nays 0. mm ■(#4) t1717 LAWRENCE W. AND ARLISS A. GADBAW, 699 MINNETONKA HIGHLAND LANE - VARIANCE - PUBLIC HEARING 7:25 - 7:30 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Lawrence Gadbaw was present for th s application. ‘v.': ( . mm mm- f .'i ‘‘'P' • -i;/. i It -:■ I ■% ■ t': V/'t V .- . V -■ ®r”'' i:'A"-"* ■; (' -r .. ■' ..»•. r.'->?T^' ■ •■W 0m 0^ ;y.'^0- :% 'is^r ■■■'mf0-^ 0‘ ■ '0i^.4h'sffe'V • -i J;/ > ISr-|s-R ij-' a' - jjkiisrM MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1717 - CONT. Mabusth explained this application is a request for a var.ance to construct a 20x28’ carport to the southeast side of the existing residence and approximately 90 s.f. of additional paving leading to the carport. She stated one hardship is the degree of slope from the road to the bottom of the drive. She noted that the City does not currently approve any road in excess of 8% slope, with 5% slope being more typical. Gadbaw stated that they need space to maneuver their venicles and noted that the overall hardcover figures are within the allowable standards. Rowlette noted that she drove down the drive and felt that every Inch of the drive was needed for maneuvering. Chair Kelley asked what the carport would be used to store. Gadbaw noted it was their choice not to enclose the structure, and it was designed similar to the Wcyzata Depot. He stated that the carport would be used to store his boat and other items. Bellows stated she had a hard time with approva’ of the application and felt It was excessive structure on the property. She asked if the proposed structure meets all setbacks. Mabusth concurred that it will meet setbacks. It w. s moved by Schroeder, seconded by Rowlette, to recommend approval of Appl ication #i717 for Lawrence W. and Arl iss A. Gadbaw, 699 Minnetonka Highland Lane, for a variance to construct a carport and necessary additional pavement to the existing residence, based on the hardships presented by the applicant. Ayes 4, nays i. Be I Iows voted nay. (#5) #1718 DAVIS FANSLER, 4180 BAYSIDE ROAD - VARIANCE - PUBLIC HEARING - 8:22 - 8:23 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Davis Fansler were present. Chair Kelley reminded the Commission that approval was already given for an 8 bedroom residence on this property. j % ■7,1..' r'f fB- .. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1718 - CONT. It was moved by Rowlette, seconded by Schroede'', to recommend approval of Application #1718 for Davis Pansier of 4-130 Bayside Road for a front street setback to construct a new residence. Ayes 5, nays 0. (#6) #1719 HENRY BRANTINGHAM, 3185 SIXTH AVENUE NORTH - VARIANCES - PUBLIC HEARING 7:30 - 7:37 P.M. The Affidavit of Publication and Certif cate of Ma ling were noted. Mr. and Mrs. Henry Brantingham were present for this application. Weckman explained that the existing residence is 44.6’ from the rear line where a 50’ setback is required. He stated that the appIicants are proposing an addition off the back and to the east, which would encroach 4.6’ further into the rear setback area. He noted that because of the septic system and existing vegetation, this would be the most feasible area for an addition to tne house. Mr. Brantingham explained that the new portion or the house was added on in the 1950s. They are proposing the removal of the older portion of the house and replacing it with a somewhat larger addition. Mrs. Brantingham noted that a horse paddock and pasture runs the entire length of the southern lot line. Chair Kelley asked if they anticipated to the residence. ever connect.ng the garage Mr. Brantingham noted they may wish to cemol i sh th» ex in the future and replace with a detached garage . sting garage It was moved by Chair Kelley, seconded by Bellows, to recommend approval of Application #1717 for Henry Brantingham of 3185 Sixth Avenue North to construct an addition to the existing residence requiring approval of a rear lot line setback variance. Ayes 5, nays 0. Ilif- 0t- m-'- T ' i'P-W' ^00 i-': ‘ii^ r*-'m r^r*f^YW -mm MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 (»7) #1720 CITY OF ORONO, FOX STREET - CONDITIONAL USE PERMIT/VARIANCE - PUBLIC HEARING - 7:47 - 7:48 P.M. The Affidavit of Publication and Certificate o"'' Mailing we-'e notea Rowrette suggested that the City consider repa this wi I I not be a problem in the future. ring the roadway so Mabusth noted the application will be reviewea oy the DNP and the MCWD. She noted that the culvert under the railroad had net ceen located or maintained unti I this year, and tney are hoping this will reduce the problem. It was moved by Bel lows, seconded by Rowlette, to recommend approval of Application #1 720 for the City of Orono, for a conditional use permit and variance to allow the repair of the roadway known as Fox Street. Ayes 5, nays 0. (#8) #1722 HOWARD EISINGER, 3245 WAYZATA BOULEVARD - RENEWAL CONDITIONAL USE PERMIT - PUBLIC HEARING 7:39 - 7:53 P.M. The Affidavit of Publication and Certificate of MaMing were noted. Howard Eisinger was present. Mabusth explained the application is a renewal of a conditiona use permit that Involves a 12 acre former dump site with approximately 100,000 cubic yards of fill. The filling was never realized with previous approval and now the applicant has an opportunity to obtain fill from the City facility project. She stated that staff recommends that the project be reduced to 10,000 cubic yards and to limit the project to a two year time period. She noted this project will not encroach the 26’ setback of the wetland on the property. Bellows stated that in the previous approval there discussion about immediately seeding the filled area. was major Mabusth noted that based on the City Engineer’s comments, the area could never remain in a disturbed state for more than a 30 to 60 day period. Eisinger stated that his hopes are to start in a place where the fill would be of the greatest benefit to the property. He asked the Commission to reconsider the condition of limitation of the operation of the trucks with the former approval. I i*?-, U---'‘Vv - ■. 7- ,jT* MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1722 - CONT. Chair Keliey noted those safety conditions were original!> placed because of concerns for those goirg to the school and tratfic. He stated that he was adamant about those conditions. He recalled that with the original approval, the contractor nad agreed to ciean and repair the roadway and asked what provisions had been made with this appIication. Mabusth stated that it was assumed that anyone doing tre work would be responsible for repair of the shoulder. Chair Kelley suggested staff inspect the shoulder before and after the project to assess any damages caused by the trucks. He asked If it would be necessary to crovide some type of signal to allow trucks to cross the highway. Mabusth suggested that the Engineer evaluate the situat.on and determine the necessity of safety precautions. Bellows asked if this effort wouIo t.ii the original intent of the first propose Mabusth noted that there are aeep depressions on the property and this is Just the first phase of the project. She noted the original appiication was for 200,000 cubic yards of fill. She Indicated that the property would never be allowed to be constructed upon and the soil was not suitable fcr septic use. It was moved by Chair Kelley, seconded by Schroeder, to recommend approval of AppIication #1722 for Howard Eisinger, 3245 Wayzata Boulevard, for a renewal of a conditional use permit but amending the allowed cubic yards of fill to 10,000. Ayes 5, nays 0. (#9) #1723 PATRICIA & WILLIAM DICKEY, 2645 WATERTOWN ROAD - CONDITIONAL USE PERMIT/VARIANCE - PUBLIC HEARING 8:24 - 8:45 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. & Mrs. Dickey were present. S-lis: ■ fee . 7-yV-^' 8 iMv-’ :V. 3^: MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1723 - CONT. Mabusth explained this application has four parts. She noted that the application involves two parcels which have been legally combined, Outlot A of Countryside Manor plat and R.L.S. 1030. The property consists of 64 acres. She explained that the first phase deals with the three sided garage structure added to an existing garage on the R.L.S. portion of the property. The structure require a variance to the oversized 'tccessory structure ordinance. She explained that the code allows for a total of 6,000 s.f. for accessory structures on property 9 acres or over. Mabusth explained the second phase involves a 6-8 nigh fence along Watertown Road where a 3 1/2’ high fence would be allowed. She indicated the fence was in place long ago, and has been expanded due to applicant’s claim of an impact on the property from the recent development of Golden View Drive. Mabusth went on to explain that since the properties have been combined, the second principal residence on Outlot A would need conditional use approval to be used as a non-rental unit. She noted there is adequate area on the property if the applicants wished to divide off area for this structure in the future. She stated the second conditional use permit is required for a temporary greenhouse structure used two months eac.h year for a special crop project. Chair Kelley asked if the oversized accessory structure square footage calculation includes the temporary greenhouse structure. He stated he did not have a problem with the overage of accessory structure square footage as long as the acreage of the property remains the same, or if improvements are proposed, additional review by the City would be needed. A11 Members agreed. Chair Kelley asked how Members felt about the fence. He stated that it is placed in the wooded area of the property, but noted that it had been added onto since the recent development across the street. Mabusth noted that the fence had been altered in height during construction of the road, but those vertical sections had been removed. Rowlette stated she understood the problem with the road across the street, but noted she could not approve a fence of this height. Chair Kelley stated that since the house was there first, then the road across the street developed, he felt that was adequate hardship for allowing the fence to remain. He asked if the entire greenhouse structure is removed at the end of the two month season ■pi I II JWT'' .-;;;' . K‘- if,; W‘-!<' W:?:m- te= |i‘h. Uv- hUff'' ■a> '.'•: a:m" i i- ■ V; ' i S'mi fV/.(. a# MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 16, 1992 ZONING FILE #1723 - CONT. Mabusth concurred.She stated tnat tne buMd:ng department originally had fire code problems with the structure, but those have been resolved. She noted that if there were no changes proposed to the structure, additional approval would not be needed in the future. She noted that the entire structure would be removed each property. season and stored in the woodea section on the Chair Kelley asked about the commercial aspect of the greenhouse. Mrs. Dickey explained that the man that farms the surrounding land and his family would be the persons running the greenhouse. It was moved by Chair Kelley, seconded by Schroeder. to recommend approval of Application ^1723 for Patricia and William D.ckey of 2646 Watertown Road for conditional use permits and variances based on the following conditions: A) square footage overage for an structure, as long as the property or if additional improvements are require additional City revievy; oversized accessory remains as one unit, proposed, it would B) 4.6’ in excess of the allowed height for a privacy fence on the north side of the house, with the proviso that there will be no vertical or horizontal extension of the fence; C) temporary greenhouse use, to be removed no later than July 15th of each year and it can be stored on the property In the wooded area; and D) guest house non-rental use of the second principal structure on the property. Ayes 4, nays 1. Rowlette voted nay. Mabusth asked if the square footage of the temporary greenhouse structure should be added into the square footage for the accessory structures. Chair Kelley felt as long as it was not a permanent structure, it should not be added into that figure. ,3-'^I®,i'; -T s'>''^ ' 5i^-.- •>.v %'’v ■■.r: Vij'y: i’V-^ ,./I.-',-' =:'■ *''v a; MINUTES OF THE ORONO PLANNING COMMISSION MEETING held march 16, 1992 (#11) REPORT BY THE LAKE USE COMMITTEE REPRESENTATIVE Chair Kelley reported that at the last meeting, the Committee discussed the regulation of marinas. The next meeting will be March 19, 1992 at 7:45 a.m. (#12) REPORT BY FACILITIES COMMITTEE REPRESENTATIVES Bellows reported that at a recent meeting with the architect and contractor grading was discussed and the Committee expressed their concerns about the overall project. It was stated that the grading project was 75X complete. She felt that the issue of the construction schedule not being realistic must be addressed. She felt that the issue of who on the Committee was allowed to vote was still unresoIved. Jabbour noted that according to the architect, the only time lost to date on the project was in the preparation of the documents. He noted that the architect is continually stating that .he plans are being redesigned per staff input and this must stop. The next meeting is scheduled for March 24, 1992 at 5:00 at the Orono Link. (#14) APPROVAL OF MINUTES It was moved by Chair Kelley, seconded by Rowlette, to approve the minutes of the February 18, 1992 Planning Commission meeting. Ayes 5, nays 0. (#15) REPRESENTATIVE TO THE APRIL 13, 1992 COUNCIL MEETING Rowlette volunteered to attend the ApriI 1 3, 1992 Counci I meeting. ADJOURNMENT Chair Kelley adjourned the regular Planning Commission meeting at 9:00 p.m. Charles Kelley, Chair Person 1 1 I rf... p?rte;- tefej^< . y .? - p#^..IB5sy:V. ii- ►,5vS};. 'I-'iki '■ f'if-.-. -■ ■“.•'•-I*, '»?■::> tM : ■,•:*' - ■' vi-kS^>:' -X ¥v!7' Si', ’C-'-Vs ■ •\* \ '- ,v CITY OF ORONO PARK COMMISSION MEETING ’ JNDAYr APRIL 6, 1992 7:00 P.M. 1275 BROWN ROAD SOOTH - COUNCIL CHAMBERS ATTENDANCE AGENDA 1. 2. 3. Approve Minutes of March 2, 1992. Bike Hike Trail Old Crystal Bay Road. Park Playground Equipment.Bederwood ADJOURN!:1:1c 4 i 4 ym^r. [rr,; /. ? ■■ ■ ■ »• Li^I «^ •-,- crL- L MINUTES OF THE PARK COMMISSION MEETING OF MARCH 2. 1992 ATTENDANCE 7:05 P.M. The Park Commission met on the above date ^^steohen .lamhAA aresenf Cha i rperson D i ck Flint, Susan Wilson, Stephen Johnston Sherokee Use and Phil Bradley, Alex Vongries and Lili MaM??lan: Robert Howells was absent. The following reoresented the City staff: John Gerhardson, Public Works Director, an eri Naab, City Recorder. (#1) APPROVAL OF MINUTES Wilson clarified that the tour of the parks was to be held on May 5, 1992 at 6:00 not on May 6th. It was moved by Wilson, seconded by Use. to aporove tne ■’’Int'tes of the regular meeting of the Park Commission held on February 13, 1992, with the above noted amendment. Ayes 7, nays u. 0»2) WELCOME NEW MEMBER Chair Flint welcomed Lili McMillan and asked that she tell her background to the Commission. McMillan noted she was delighted to have hooes Orono. She noted that she is involved m various sports ^nd hopes to be able to promote recreational activity. Also, she In interest in the study of oirds which has lead to an appreciation of wildlife heritage and wishes to focus on preservation o ^ Sroni has available. She stated she has worked as a commercial photographer volunteered wVth'aM the' Commissionnoted she is looking forward kO worrving wim aii members, Council and staff. (#3) ORONO BASEBALL ASSOCIATION (OBA) USE OF BEDERWOOD BALL DIAMOND Chair Flint confirmed that a letter had been sent adjacent to Bederwood Park concerning the use ^ Larson OBA He noted they have received a letter from Gary SStlining in detail the use of the park for the coming season. ■h' ^u-.;^--r MINUTES OF THE PARK COMMISSION MEETING OF MARCH 2, 1992 OBA USE OF BEDERWOOD PARK - CONT. Gary Larson, OBA represen‘‘'at i ve , since the last Commission meeti association to relocate the arena approval. The hockey associati acjditional $20,000 in grading. Orono schools, contacted him and the arena to be located on the s which was the original plan. He in grading costs for the ball Gerhardson would be meeting with price for the work. was present. He indicated that ng, the proposal for the hockey further westward had not met with on felt the move would cost an Larson stated that Neil Lawson, indicated the School Board wished ite as far eastward as possible, felt tnere would be an increase fields, and noted that he and the contractor to obtain a base Johnston noted he had. attended the joint meeting of the park commissions and felt frustrated and angry upon leaving, the hoi'key association was unwilling to work with organizations on any part of the plan and felt the supplied by the hockey association's architect may misleading. He felt the cost of grading for the ball be expensive, and noted the fields wi I I be confined to 200’ depth, which are adequate for little league but inadequate for any other league play. He noted that he would not be wi I Iing to spend City funds on ball fields with only one use. He stated the other information have been parks will Vongries asked why the School Board felt the arena should be located eastward. He felt it should be determined what the best use of the property is and most affordable way to use the property. Johnston explained that with the ball fields in the original site, there was no room for expansion of the fields. He also noted that the hockey association cited poor so i Is as the reason for the rejection of the plan. The unacceptable fill is 3’ in the southwest corner of the proposed arena. He noted that with the hockey association’s plan, the ball fields would be developed on property the School District currently has not purchased. Larson noted that Lawson stated that would not be a problem. Bradley suggested that the hockey association get the Planning Commission’s opinion of their proposal. He stated the Commission may not approve of such use so near the residential property. Gerhardson noted he would set up a meeting between a representative of the hockey association. Planning Commission Chair Kelley, Chair Flint, Johnston and Gerhardson to discuss the proposal. Ilse suggested they include the tiockey association’s architect rv-/^.^ --- '»i ' •.-.V * ’*r' ' ■■'Sf-S''--.fts®m, im if < “'' ^\ ’ -•■■ ■• •• J^^ i:y iffs» fc. g-V. ■ * '. '- F ■ '■i.- "i# W'MfL ‘fj'& ivB# ., -. .'r ' ■ S:"i'" f*-. 'S'-' t -if' ;*?.«■r if'm i ii r'^. f ■rt'' ' n'; ILi]f?J T?I the tax to for MINUTES OF THE PARK COMMISSION MEETING OF MARCH 2, 1992 OBA USE OF BEDERWOOD PARK - CONT. Larson explained there may be some urgency on the part of hockey association to soend part of their money due to ramifications, and that may be their reason for the push purchase the property and proceed. He also noted one reason having the ball fields to the eastern portion of the property was to be hie to tie into a possible future park on the residential prope. Johnston felt It was more Important to be able to construct the fields at a reasonable grading cost and able to construct ^'elds that are adiustable to ether leagues. Chair Flint asked for public comments. Curt Levang, 4010 Bayside Road, stated he appreciated OBA’s efforts In trying to find alternate sites for little league and was happy they were looking Into fields that ecu Id be used by others. Use noted the residents from the neighporhood were excited about OBA’s commitment to future sites. She asked if there was a way to post the schedule, including the occasional games and asked when only one game is indicated, what time it would be played. Larson stated the schedule had been posted last year, but the occasional games were only practices ano were not posted. Single gamss start bstwean 6:00 and 6:30 p.m. It was moved by Wilson, seconded by Bradley, to recommend approval of the request by the Orono BasebaM Association for the use of Bederwood Ball Diamond for the 1992 season. Ayes 7, nays 0. Chair Flint thanked Larson for the excellent job he has done with the OBA. SUBDIVISIONS A. CLIFF OTTEN Gerhardson noted this is a subdivision of a lot I ine rearrangement. -/• a?' MINUTES OF THE PARK COMMISSION MEETING OF MARCH 2, 1992 CLIFF OTTEN SUBDIVISION - CONT. Cliff Often was present and explained ^e is proposing the rearrangement of the lot lines between Pafs^el A (market property) and Parcel B (residential property), and a subdivision of Parcel B and C as he wishes to sell the parce* with the existing residence. He explained there would be no change in use and the larger parcel is used for nursery stock. He explained the larger parcel currently has two tax identification numbers, so therefore It really is not a creation of a new lot but merely a lot lire rearrangement. He stated that Parcel A (market property) would be reduced from 1.6A acres to 1.5 acres, but actually gains useable that the larger parcel would be legally after final approval. He explained that be 16.4 acres and Pafcel B will be He noted Mabusth supplied him with a copy was unclear as to when he space. Often explained combined Into one par,:.e the larger parcel wil approximately 2.3 acres, of the park dedication ordinance and he would be required to comply. Gerhardson stated this is in a two acre zoning district. Often explained he started the subdivision process between the two larger parcels 18 months ago, but due to an incorrect title opinion, needed to go through the necessary paper work to clear up the documents with regards to Old County Road 6. Gerhardson stated at th to consider. s time he had no options for the Commission Chair Flint felt this was a readjustment of lot lines. Johnston reminded the Commission that park dedication fees have not been paid for any of the land. He noted the intent of the ordinance entitles the City to 8;^ of the value or 8% of the land. He felt that If th»? 6% cash or land was not taken at this point, the chance may not occur again as Parcel C could be developed with one home wit '• t being required to pay park dedication. Often stated that 8% of the valuat rearrangement not worth doing. ion would make the lot line Chair FUnt Informed the Commission that they would need to decide whether this application Is a subdivision or merely a lot line rearrangement. He asked if it were necessary to request an easement for a bike trail along County Road 6. Gerhardson reminded the Commission that property on the north side of County Road 6 is owned by Hennepin Parks, which could be used for tralI. VtS''''‘'-V*‘ 'feI Us r'fe;* lf^-fe"P ^i: H:/' hm i:v' ■''' ■. '! '. t>.a.■'W' .iP? ’■a:k5-,c;. ','V. ■ V* ■' - V tfr-'. ®''' ^V"m h p I'.. y - r^,J L‘' /i! P ? MINUTES OF THE PARK COMMISSION MEETING OF MARCH 2, 1992 CLIFF OTTEN SUBDIVISION - CONT. Chair Flint noted that during consideration of tne McCuIIey Road property, an easement was requested for a future T-ke trail to connect to County Road 6. He explained to Otten that it was hoped that the trai I proposed to connect Baker Park to the Luce Line could be developed through property owned by Otten direct:y north of Old Crystal Bay Road North. Otten commented that his wife is opposed to muiti-use trai Is as she feels they do not work. They also feel that pubiic traiIs should be I ocated near highways to allow accessibility of emergency vehicles to the trail. Otten noted there are currently three existing lots as there are three different tax parcels. Me stated that the subdivision process Is used at this time to facilitate the lot l;ne rearrangement. Otten reviewed that the original subdivision request only involved Parcel B and C and has been granted preliminary approval, but he had decided to hold up the process to Incorporate Parcel A. Johnston suggested that the Planning Commission and Counci I be made aware that the Commission was given no advance warninq of the need to decide on this application. Johnston pointed out that at the questioned whether the City had the right to request portion of land through the park dedication process. ast Council meeting, they a specifIc Gerhardson felt it was a matter of negotiation. Johnston stated that most other cities dictate the portion of land they wish to receive and would have taken the bike trai I on tht Otten property. Chair Flint clarified that Otten really is dividing the 2+ parcel with the existing residence from a larger parcel and therefore it Is a subdivision. Gerhardson questioned that if park dedication is requested at this time, how Is it limiting future Commissions. w..- -.-‘V. F I- .vVl'.'r- [f/V*v:.-. ■. I :■". *F'.:. Wr te f- ;-f :■c->.?:- ~-j MINUTES OF THE PARK COMMISSION MEETING OF MARCH 2, 1992 CLIFF OTTEN SUBDIVISION - CONT. Chair Flint agreed and noted that if the park dedication fee were collected today, It would be based upon current valuation rather than valuation at the time of future subdivision. Flint then reviewed the ordinance and point out it states that "any land which is further subdivided shall be subject to the requirement of the ordinance then in effect and credit shall be given for any charges previously Imposed upon the land if the subdivider can prove the fees were previously paid", and therefore additional money could be collected on a future subdivision. Johnston suggested a trade-off of land on another oarcel to be used for bike trail in lieu of park dedication on this property, or a trade for park improvements. He’suggested that the park dedication ordinance be amended to include Class I subdivisions. Chair Flint thought Class I subdivisions have been included within the park dedication ordinance and directed Gerhardson to review the original ordinance to find out exactly what type of subdivisions the ordinance pertains to. Bradley stated he was not convinced that it was fair to assess 8^ of the valuation on agricultural land. He noted tne intention of the park dedication fee was to pay for parks when use or need has increased because of an increase in population due to development in the area. Vongrles point out that the assessor assigns a valuation, and each parcel will have a different allotment as they all have different uses. Gerhardson noted Parcel A is not a part of the consideration for park dedication fees. Johnston felt they should require park dedication for Parcel A also. Bradley felt assessing Parcel A was I ike assessing sales tax to a property. Johnston stated that 8* of the valuation for the entire property would be approximately $25,000, and felt this would deter the applicant from continuing with the process but felt the City was entitled to the funds. Chair Flint suggested they exclude Parcel A. Johnston reminded they that Parcel A has never paid a park dedication and should pay now. :.>r II; . ' ^. I r-m *:^.-.-r- ^:i' fc; ■■■ _' r.K. '. J'-rr:•■■"'' ’• ■•.'• .■:S ;Q:'i:.r‘»C-^;v>. i■;^.I; ■ pi!- ‘.V**. ' 1%:'/l^'P-P:- f' |v.: Pi, p- - .' • !^W;„ V ,.,^>* rr-.;v It ' ■ * ' -!'.‘:/r ■,w- i tI ,rrI *- ’'r,:! i> /^— w._ [ n Lr 0 MINUTES OF THE PARK COMMISSION MEETING OF MARCH 2, 1992 CLIFF OTTEN SUBDIVISION - CONT. Chair Flint reviewed that If Parcel B and C were not being divided 8t this time, Parcel A would not be considered at all for park dedication because it is merely a lot line rearrangement. Vongries noted the exclusion of Parcel A will not dramatically affect the City, but may deter the applicant from continuing. However, he reminded them that they cannot consider the person repuesting and noted they should consider the precedent they are setting. Chair Flint stated that Otten doesn’t want to pay the park dedication fee t't this time, the application could be changed to a lot line rearrangement. Johnston suggested they assign dedication for only 2 acres of the 14 acre parcel and collect the remainder at the time of a future subdivision of the property. Vongries felt they could not do that. WlIson stated she had a probIem reouesting so much money from someone who is not developing the lane further. Johnston disagreed and stated they cannot distinguish between the two scenarios. Chair Flint felt park dedication should net be required for Parcel A. Johnston asked If the developer of Sugarwoods came in with a proposaI to rearrange all lot lines, how the Commission felt about reassessing park dedication fees. Chair Flint felt they would not be charged additional money. It was moved by Johnston, seconded by Vongries, to recommend the application be considered as a subdivision for park dedication purposes, and to request payment of a park dedication fee in Iieu cf park land dedicated. It was moved by Bradley, seconded by WiIson, to amend the motion to clarify that the subdivision is between Parcel B and C. Ayes 3, nays 4. Motion failed. The Commission voted on the original motion. Ayes 7, nays 0. i-. f—-W-r I i"'kI S’ -fc.'I®-: ;-• ■ y-'■ >r 'Isf IP'pi- tM' W0-:■- >: ti'; -si''-' ' Mi'-ffe'"’ i|''» MINUTES OF THE PARK COF'MISSION MEETING OF MARCH 2, 1992 CLIFF OTTEN SUBDIVISION - CONT. It was moved by Ilse, seconded by Johnston, to recommend that if jj ^ I I j "t y easemen t is taken along County Road 6, that a bike trail be added onto that easement. Ayes 7, nays 0. B) ALBERT HANSER Qerhardson noted that this a five lot existing residence. He suggested they easement aiong the road. subdivision, with one consider a bike trail Johnston asked if the topography in that bIke traiI. area would a I low for a Qerhardson noted he currently is applying for a condit.onal use A r»v C in that area. Johnston asked if the railroad is expected to remain for a long time. Qerhardson noted it currently only serves the 3M plant in Hutchinson. Johnston stated that it may end up being abandoned and perhaps being used in the same manner as tne Luce Line TraiI. Bradley suggested they adopt as an operating policy the taking of an additional 10’ for bike trails along roadways. Chair Flint explained he tried to get the Council to agree with that policy, but they felt each application should be reviewed. It was moved by Bradley, seconded by Ilse, to recommend payment of a park dedication fee for the subdivision proposal by Albert Hanser, and to repuest a 10’ bike traiI easement to be taken along the utility easement along Fox Street. Ayes 7, nays 0. (#4) PLAYQROUND EQUIPMENT BEDERWOOD PARK Qerhardson passed out a legal opinion bids will be opened on March 20th for located at Bederwood Park. He stated wilt be no additional requirements for to 1 year with regards to the new law. regarding ADA. He stated playground equipment to be the opinion suggests there the equipment for 6 months He explained there will be some requirements be made later. accessibility, but noted modifications could Chair Flint suggested the sub-committee review the bids and return to the Commission with a recommendation. a -'y- -ifirf! m-' i- I ^■•,. -’-r- m ■.. ^ L I iki,r':- rl' ^•,t lifr §m^' m'yW' “i :U ^1)/V\I -. \UJ wJ 5 'u MINUTES OF THE PARK COMMISSION MEETING OF MARCH 2, 1992 PLAYGROUND EQUIPMENT BEDERWOOD PARK - CONT. Vongries noted he would not be able to participate with the sub committee review. Johnston noted that at the joint meeting he was aporoached by Debbie Lewis regarding the faii soccer league, and requested that Bederwood Park be upgraded to allow for soccer play. He stated Lewis noted the field should be flatter and enlarged and was too rough to play on. Chair Flint suggested Gerhardson contact Ms. Lewis to discuss the possibiIitIes. (#5) PARK NAME SEWER PLANT PROPERTY WiIson suggested French Lake Nature Preserve or Wetlands. I Ise felt using any name with "French’ in would be too confusing with French oark so near. She asked about Crystal Bay Nature Preserve. Johnston felt there may be confusion with the Crystal Bay PIayground. Gerhardson suggested they check with the museum for suggestions. Wilson volunteered to researc.i the possibilities. Vongries felt it more appropriate to call it a pond, not a nature preserve as that suggests something much more than what is on site. McMillan suggested the name be specific to what the park is designated for. Wilson suggested they put up wood duck houses on the trees on the property. She also pointed out that there is a lot of trash at the site. Gerhardson expected the bituminous trash to be removed when the load limits were removed. Wilson noted the site was not appropriate for public use at this time. (#6) LETTER OF APPRECIATION LES KELLEV Chair Flint reminded the Commission that it was suggested at the last meeting that a letter of appreciation of Les Kelley be sent to the newspaper for pubiication. r- '■’^‘ pf S', ;• * ^ c- V. .p‘U'> i- •’ T» i'P' m- MINUTES OF THE PARK COMMISSION MEETING OF MARCH 2, 1992 LETTER OF APPRECIATION - CONT. Bradley explained that he felt the article would not have been finished immediately, so he focused on the letter instead. Ilse stated that the article to the newspaper was still a good idea as it is important for the Community to see some sort of appreciation to Les Kelley from the City. Bradley suggested the Council adopt a resolution of appreciation at their next meeting. Chair Flint pointed out that it was suggested that a garden be planted at the new facility site m memory of Les Kelley. Gerhardson noted there will not be much area designated for such purposes. Vongries suggested planting something at the Navarre Park. (#7) JOINT MEETING REPORT Johnston Informed the Commission that a presentation was given by Tim Urkula, Westwood Professional Services, regarding his InvoIvement wi th Independent’s park improvement project. He stated that Urkula realized that this area is different in that sports are handled through small associations rather than cities or schools. Urkula realIzed that demographicswere not available for review and offered to contract with the surrounding cities to provide them with the demographics of the area. Johnston felt that It was a good Idea to research the demographics of the area, but felt it could be done through a volunteer effort of all cities. Vongries reported that bike trails were also discussed, and it was determined that each individual Commission is establishing bike trails within their cities which are not connecting outside the city limits as the projects are not being coordinated with surrounding cities. Johnston noted meetings will be held four times a year with each city sending at least one representative to the meetings. Bradley stated that It has been a fight to get the school to assume responsibility for this project. Vongries stated that the development of the hockey/balI field site was dependent upon the passage of a bond referendum. 10 ^51; bvrifc *Iff - 0:m:^ ^;i0gi>: h'^. fr^r'H Sb'>" iiiv• r :• ; :-'■ ^ v . .. ‘m- wb^^s;v, *lt / :^i, |ib M, bb:: ■W^p-'- ^ :§m-"' ■ ^•'f ■' *r'' miMm- vbb;^ 5i^ it'^ • ■*f'a V-' • r^v “. ■« #-<i;5:: >V"44: , ’i Rf-:? w f' ?>JvF sS-b-' r'-' b p I-'' ■ ■?; - O' *V'! ' ■•. ■ ■‘ b:R '- - ' I ••'5;" :>fvbS':T ‘;!T » -<r '“4 I ;i ; MINUTES OF THE PARK COMMISSION MEETING OF MARCH 2, 1992 JOINT MEETING REPORT - CONT. Johnston noted the referendum would actually be used for repair and ftia i n t enance of existing facilities. Also, the school is not proposing any improvements to the hockey/ball field site, and any Improvements to be made would be paid for through private organizations. Chair Flint stated that OBA has let the Commission know they how to receive funding from Orono for the ball fields. Bradley felt the school district is asking themselves at this time how much time and money they wish to commit to sports programs. He stated the trouble with private organizations running activities was the uncertainty of the future of the organization. ADJOURNMENT 10:06 P.M. It was moved by Bradley, seconded by I'se, to adjourn the regular meeting of the Park Commission at 10:05 p.p. Ayes 5, nays 0. The next meeting will be Monday, April 6, 1992 at 7:00 p.m. in the Counci1 Chambers. Richard Flint, Chair Person 1 1 ■ C' ■ V WEST HENNEPIN RECYCUNG COMMISSION Greenfiel(J-lndependence-Long Lake-Loretto-Maple Plain-Medina-Orono 1620 Maple Ave. Maple Plain, MN 55359 479-2540 ^ ‘ p.,- . .i K- %. Si'‘•fe. B ■ - j;.v ■ ,S ^ It ' ' IB .'iV»^ '’■‘r’v ' V r ‘--ik *r.- he ■ 'V , ‘'-t. V£T- » •V-:4, ■:.. ? ^ j* - jr • .«• .•v;-' fi r k V •■'I- • ( V * I' ■> . I S-- April 2, 1992 To: From: City staff and Council of Orono Amelia Kroeger The west Hennepin Recycling Connission Goodwill Recycling day for Saturday May 16- ^ Middle School Parking Lot from 9 a.m. - 4 p.m. Two gooowixj. trailers will be available for collection of clothes, small working household appliances, housewares, sporting goods, small ?o““gaTOS, working electronics, etc. As well, scrap metal and magazines will be collected. I have enclosed a poster announcing this event for your city Hall bulletin board. For your information, the Independence Drop Site, CR 90 and ^WY- i2 Inclosing effective immediately. Drop Sites in Greenfield and Medina remain open. I have also enclosed the flyer that will be left in empty recycling containers at the next scheduled pick-up date. For possible inclusion in a city newsletter or other ^o^unity reports, the abatement percentage and participation g,.. yoSr city is reported below (cumulative through February 29, 1992). Abatement (% of est. trash tons recycled) 18.27% Participation (curbside)48.41% Sincerely, Amelia C. Kroeger Recycling Coordinator enclosure Funded hy WHRC with 80% funding by Hennepin County Printed an Keeyi led Pape' (V.f'l.'-. i- ■•:>; Ta ; y.GOODWILL RECYCLE DAY •V . ffe. ■■ |S^M: - ■ ■ • j k - - '^'r -‘ ■■•I, i'l' '■ !i^i% §i ’v jsp #■ t r. \ li©2ev k " ' ' If i,. ' ‘ "is. iS f- .»/ ria; - wm-k Saturday May 16 9 a.m. - 4 p.m. Orono Middle School Park'g Lot G DWILL DONATIONS Bring: Clothing, Domestic, Small Working Appliances Small Working TVs & stereos. Games & Toys Hardware & Tools, Shoes, Books, Kitchen Utensils, Knick-Knacks SCRAP METAL Including such things as Swing Sets, Lawn Furniture, Grills, Bicycles, Auto Parts, Springs, Pipes, Metal Window Frames, Machinery MAGAZINES SPONSORED BY WEST HENNEPIN RECYCLING COMMISSION 80% Funding by HENNEPIN COUNTY BOARD OF COMMISSIONERS Printed on P'^P^r '■-U‘■ •‘*P ‘ }., • .i, * ♦* •■• I'• p-m ^i- ’€■fe IS.. •. myw %^ife'M?- hi' St i$y. Myy Sf:lf .•f.i&S f>^ p. m.Wm CITY of ORON Munictpii Offkcs Post OfiWt Box 66 Cn stal Bav, Nlinnevna 55323-0066 TELEPHONE - 473.7357 • F v\ 473^0510 STUBBS BAY SEWER PROJECT I. Defining the Need Recent State requireirents have resulted in an update of Orono's septic system ordinance to be in compliance with DNR Shcreland Regulations as well as MPCA minimum requirements. A significant ramification of the new requirements is that many existing trench-type drainfields located in seasonally saturated soils (less than 3' above zones of soil mottling) will be reclassified as non-conforming and must be replaced. Once reclassification occurs, non-conforming systems must be replaced with fully conforming systems within one year. The DNR Shoreland Regulations leave the City with little leeway in enforcing septic requirements. Orono’s recent policy in the Stubbs Bay Area of allowing "minimal repairs until sewer comes", is at an end. A recent inspection update and more detailed analysis of individual site constraints indicates that: - Of 127 existing residences, at least 18 currently have failing systems. - 78 of 127 do not appear to have an acceptable system replacement site available if/when the existing septic system needs to be replaced. - For those which have a site available for system replacement, in virtually all cases a "mound" cype drainfield will be required based on anticipated soil conditions. b:,m i. ■I?:..,. it ' t,,c * .^, -• Each sub-part of the Stubbs Bay Sewer Project Area was categorized in a matrix plotting "existing system conformity" versus "availability of replacement sites". Properties in the upper left area of tne matrix have a relatively low need for City sewer now or in the future. Properties in the lower right half of the matrix have a critical need for sewer. A matrix was done for each area, demonstrating the relative needs for each. An overall matrix for the project area is shown below. LOWEST RELATIVE NEED EXISTING SYSTEM CONFORMITY 2 3 SYSTEM EPLACEMENT CAPABILITY B litf 1-A 2-A 3-A ♦ * ** « * * * * «* ♦ #*pore.’^.Tial rsplac3ir.ent: sites * * *• • •1 3=1 coter.rial replacement site • — r71<=» T. T * 3 S 1-3 2-3 3-3 1 1 « • 11 * * • *1' l = **Code'' system ** *1 ♦ ♦ ♦ # * > * * *! := "Cc.tiorminc” syste.m * ♦ ♦ *2 = "Ncn-ccn f ermine '* system 1-C ***** 2-C '.... 3-C ****** •••*** * * * ****** ************; ♦ * ** * • ***«***•*«• **** • * *HIGHD3: ****♦*#*•♦•* ]RELATIVE NEED I!.-:NOTE: MATRIX DOES NOT OXFORD ROAD (DATA STILL BEING DEVELOPED) , The timing of a sewer prcject in a fully developed area is never perfect:. There are always those who need sewer immediately, those who will need sewer _n the next 3 to 5 years., and those who will not need it for 10 years or more. A sewer project is planned to address problems over a 30+ year time frame, but a sewer project is approved based on the number of problems that need to be addressed within a 5 to 10 year time frame. At least 18 properties in the Stubbs Bay Area need sewer immediately. This is a large number of properties to force onto holding tanks in the absence of a sewer project. If the project is delayed for 5 to 10 years, up to 78 systems could be forced onto holding tanks. yr-. h'i-.-: .1. m II. Defining the Costs The City Engineer has drawn up plans and specifications for sewers serving the entire project area. 4r ? ■ V - /'■ i. V € __ ’.1117 ,-httM .•■•an Diekar rrancli LaJia ■orth ■••ini ■•«•«• L^^OMI ■•uth ■•■*■• Ly^l^ril t.nJi« CaJi« ■•trlna Welafaid LnJia dMlnal C'OUntii ■fTI^ *-y- m,' taa.i’ fJB.f •14.3* »J«.«* *78.f atrt i«Mi.t Ug ,.’ Mu Hmammr !>•■• »••.•* raaavaa LaJia *3t.4' ■adiar Uaa (•lyMackl Ml.4* Bmy Cr^mM LoAf iMkm CrMk «oisf«l4 CrMi 0icli«7 lAkm Cr^k SHORELAND OVERLAY DISTRICT Dlatrict Boundary Basin Wutlands Included Floodplains ESIFM** City of Orono, Minnesota LT^ J\: MB Fa *-rry ----- aM« !*•# JkL HANSER SUBDIVISION ' / 's *Ha N ' -' / / / ^ /a sg 'US 3.7 cr*. •'■V ■ •'01 ifJT I•*■'-• vvj$«j '•;?>** *-^’^»»« ■>^ jk*- ‘^6^.» *4 ^ «& ^ .-ti-” > r-‘ <^1 4,w^jT* l|^]^i;jj^W L- ■ ;i-‘-- ^ -f fX w,2TO!n '-W. ' -■ . . Tiftal •"•a 30.t>T •■ acr*» ,*/1^ Sj,MdH„ f lt*4 \ t7 T \V h.ii*III H i* •-r-1 _£^ H*\" 5il t_j ff :/ ©’ V‘vr □esiGNeoBY KVSION DATE OEsanmoN 0 t .. 'J ............... .V « ( «i 1 hrivN riHfv lh«t «urvl>^ mis pwpjwd (n ntr.« un«lw sh <lwKl Mifvr vwn inj im ) Mil 4 ^l» wpMMvd (tvil fnpwiMH 4Hd I Mtd S«rww«« 1«M 4 «»r SUIT <4 Mmnrwto MMks i .|«*H«MiMirwMUm» l^TW I I turns’-. fi 4-13 SKETCH PLAN FOR ALBERT D. HANSER m SECTIONS 2 * 3-117>23 HENNEPIN COUNTY. MINNESOTA i K \ 1.^;A, I'tSiHIHTlOh .1^ IHHII;,K^ S'^rvivr.l- rh^ h^lt >1 «>if ju .* As* WMAf' I • • ». s.i,th*'ARt V:4-»-r. M,.. «PHt 14 .................Via.., ,r wttor. I. J»r\\l'iifi • WAni I In • ..! Yh. sti: liin(-i|.a. ii**'That )iAtt ot UuM«tnthMt!t 4, , Hanif 4 • M> s« .• • . |'>4. To«n«htii *» •• !■ •• !kuii» hv| i i , • *♦ •* 9 <11 s ' Ific-’ ■•» mil * < » h' » k .*n» 7-^. /•;.■ SKETCH PLAN FOR ALBERT D. HANSER IN SECTIONS 2 & 3-117-23 HENNEPIN COUNTY, MINNESOTA |1A1> If) 3i KWNO ■*i Zk.3 ■f# •)#.